The Cairo evening bulletin. (Cairo, Ill.) 1868-1870, 1869-06-15

Z j
The Court convened at 10 O'Clock a. m.
. The witness being sworn Joseph Arnold
testified: On the day OF Tie tobacco
sale, the 10Th inst, Mr.. Wilcox came over
and asked me to go over to the st. Char
les and quiet fuss going on over there.
Mr.. BAN brick and myself started over
toward the st. Charles when saw man
running toward the warehouse with a
revolver in his hand. Persons were fol.
lowing and some one hallooed "stop that
man he has shot man." He had his
revolver levelled when on the platform,
entered the upper door OF the warehouse,
and some one told Mr.. Cummings to
"arrest that man, he has killed u mani"
de and Mr.. Cummings approached each
other, Cummings commanded. him Ia
-''drop that pistol aud surrender" He
replied, 'are you an offcer?r Cum
mings replied II am !" "Show me your
star" was the response. The star was
on Cummings breast in plain view.
The two men were within II To 10 feet oi
each other. Gum mibgs retorted put
down that pistol aud surrender" at the
same time slowly approaching; when he
reached within 10 or IL ieet Oh Jeceased,
deceased elevated his pistol to n Level
with his face, when Cummings fired, aud
the deceased fell 10 the floor. As Cum
mings aud deceased approached deceased
had his pistol aimed. Did not hear IL
snap--could not nave done 80 on account
ofthe noise prevailing ,trs1-a
sam Brown lcolored) saw only part
Of the fuss. Mr.. Cummings told de-
ceased to put down his revolver. He
bad the revolver pointed at Mr.. Cum
nings, aud the pistol was cooked. 1
d,dn't hear the DECEASED say anything.
Heard Mr.. Z. repeat, put down your ie.
volver-you are my prisoner" Heard
him say this Two or three times. The
deceased had his revolver IN hand VIII. d
he came into the warehouse where Cum
p,ibgs was. When decreased was told to
surrender he pointed his pistol at Mr. q.
aud thought heard II snap. Mr.. Cum
mings then bred. Heard people say to
deceased, give up; he's AN officer.
\ iStAfa6th arEth w Htt -lNT Dut tUt sttT
was la plain view. Witness confessed
to considerable trepidatIon, and had a
great anxiety 10 ''g,t out Of that" a-
Geo. w. Bell testified tina, on the 10Th
Of the present month he was attracted
| by a noise In the bar room Of the st.
Charles Hotel, when coming from dinner
stopped and saw a party Iu there Jim.
smith WAS one Of that party; Nike Berry
aud RUFF Bowles were OF the party. Mike
and Rufe were trying 20 get smith out OF
the raluon. aud finally got him into the
barber shop adjoining; they threw him
down and put their knees on top Of him /;
and Ithiuk Smith promised to behave
himself. Rufe and Mike then went out
10 I he drink. Eaton aud Clark and ~
unknown man We're standing at the
counter. Smith walked up to the counter
and stood around, when Ed Clark stepped
ont and said 10 Smith, Jim, I'm ready
for you now" Smith ran up behind
| Clarke and struck him on the side OF the
face with his fist The two then clinched
aud rolled upon the floor. Finally Smith
got on top aud commenced To give Clarke
h-ll. Thsn Mike Barry ran out Of the
saloon. Nest thing saw was Barry
along side OF Eaton. the deceased. Eaton
had his revolver Ia his hand. down by
his side; Mike raised 90 Ice axe over
Eaton's face, Eaton turned round aud
looked ct him and said something did
not understand. Eaton then fred. Bar
ry fell upon the hoor and "hol-
Tered" Wines then ran out of the bar
room door. Eaton came running out Iof
the other door with . man behind
him who told him TO '.leave
town." Witness then jumped behind
"two blue cars" aud heard the
cry Of 'stop murder /" Witness then went
and jumped on the warehouse platform
and passed into the warehouse; arss
thing he saw Cummings holding his pis-
lol at aim toward Eaton; he command.
| ed Eaton TO surrender. Eaton asked
"sre you an officsr?" Eaton had his re-
volver levelled; witness saw him lower
IL "a little; then raise 10 again At Mr..
Cummings, when Mr.. T.. fired. Eaton
again, aud think snapped II. Witness
then lett and saw no more. -
Cross. xamined by Esq. Bross-Live
in Cairo-am = stesmb'at- msn-be-
lieve the pistol In court u the one used
by Eaton. TWAS navy revolver. w .
Cross examinnd by +. u. Albright-
Think that Mr.. q. commanded Eaton 20
surrender, and that when Eaton raised
his pistol he snapped II. Pistol was lev
elled at Cummings aud ball would have
hit hin, had II been fired, before Mr..