The Van Buren press., 1870-02-01
Shooting AHray,


JAMES BRODiE. In common with the entire
community, we deeply regret the killing of
Morton and the necessity that brought it
about. We refrain from further comment
and publish below the testimony taken before
the Coroner Justice, John L. Lyttle, acting
in that capacity; and also. the verdict of the
Jury but under the existing circumstances
could not have been avoided. We give only
synopsis of the testimony, it being to
lengthy to publish in full:
The Jury being sworn, the body was expos
ed to view and Drs. Dbrell and Decherd, be-
ing sworn made post mortum examination,
the result of which they announced to be
that the deceased came to his death by gun
shot wound, the ball entering the left breast
penetrating the upper portion of the heart
and emerging between the shoulder blades /;
wound calculated to produce almost in
slant death.
j. III. DECHERD, being sworn. stated that he
was standing in his Office door, some forty or
fifty steps from the place where the shooting
occurred, Saw deceased with Il pistol in his
hand saw Deputy Marshal Brodie come up
the street and as he came threw his hand un-
der his coat, and at this point he passed the
corner of ID. G. Williams d Cos store, and
witness could not see either party; heard
one report of pistol. then another and saw
Brodic jump around the horse of the deccas-
ed and into my view again, and went into the
store above named; saw another man with u
pistol did not know him. | went up after
the fireng and saw the deceased lying on his
hands and knees.
rtyu Ny0 n n 4
William & Cos store, walked to the door and
heard James Brodie order the deceased to sur
render as | understood him; deceased gave
up one pistol, and as he began to alight from
his horse, drew another pistol and was in the
act of presenting it, as Brodie fired; Brodc
fired the first shot, and at the same instant
deceased fired and fell, firing again as he fell.
DAVID REID. sworn, states, saw deceased
at Williams Saloon on main street, draw his
pistol on some one; parties intertered; some
one near me remarked that he ought to be
arrested for disturbing the peace; some one
then went after City Marshal, and Brodie
came. BY the time Brodie came, deceased and
another man rode up street together; saw
Brode 90 in front of deceased and took his
horse by the bride; deceased gave up the pis-
tol in his hand, and as he dismounted drew
another pistol; the firing then commenced; !;
cannot say who fired first, the horse inter-
vening between the parties and myself; three
shots were fired, the first two almost simulta
neous; think Brodie fired the first shot.
SAM MARTIN. sworn, states. saw deceased
and another riding up street shouting; saw
James Brodie walking hurredly up street on
the opposite side and witness Sanders on
horseback; Brodie overlook deceased and his
comrade in front of the store of ID. G. Will
Jams & Cos and took his horse by the bride:
could hear nothing that was said; thought
ia ,la hn hnn n niStn nj tn
Sanders. and as he dismountcd the horse was
thrown between us; heard the firing at once !;
think deceased fired first, then Brodie fired !;
Brody then ran over to near Rulings shop;
when the third shot was fired; deceased was
on the ground dismounted; deceased had
been very boisterous at Williams Saloon.
URIAH SANDERS, sworn, states was riding
down main street, saw deceased with another
man, riding up street; deceased shouted
several times and drew his pistol saw Brodie
come up the street and called on bystanders
to aid in the arrest of the parties; none SEEM
ed inclined to aid him and he went on alone;
and then called on me to aid in the arrest In
front of ID. c. Williams q Cos store, ,Brodie
ran in front of the horse of deceased and or
dered him to surrender and give up his pistol.
drew my pistol and told deceased to drop
his he then handed 1t to Brodie and dis
mounted and drew his other pistol; just then
hand on his pistol; ! was watching him when
two shots were fired; don't know who fired
first; Brodie then ran around to the rear of
deceased rs il to avoid deceased; deceased
ran around in front of his horse and fell fir
ing his pistol as he fell.
DR.. c. +. BRowS, sworn. says, saw deceas
ed in front of Williams saloon, with pistol
in his hand and thought he slapped rome one
in the face. | started up street and stopped
at Mrs. McBrdes and soon after heard the
shooting; saw deceased as he was falling.
heard two shots very close together; beforc1
saw deceased fall, deceased fired as he fell.
A. B. WILLIAMS, sworn, states, in reference
to some disturbance in his Saloon by Morton
with Deputy u. $. Marshal Hugh Mcclure.
w. NJ. WARDEN, sworn, states, / was in the
Court House and heard the Mayor order Jas.
Brodie to 90 down street and arrest the par
ties who were creating the disturbance at the
Saloon. know the deceased to be Jesse q.
Merton.
IL. MCGUIRE, sworn states in substance,
same as principal witnesses.
Which testimony being heard, the case was
submitted to the Jury, who after deliberation
agreed upon the following verdict:
STATE OF ARKANSAS,
County ofCrawford City of Van Buren}
An inquisition taken this 26th day of Janu-
ary, 1870, in Van Buren,, in said County OF
Crawford before me, John 7. Lyttle Justice
of the Peace for said County. Upon the
view of the dead body of Jesse @. Morton, by
the oaths of Jury, legally summoned by
Justice Lyttle, good and lawful Jurors of
said County, who being in due form sworn:
say that the said Jesse c. Morton came to his
death by pistol shot, fred by the hands of
James Brodie in his official capacity as depu
ty City Marshal of the City of Van Buren,.
And we, the said Jury find that, James Bro
die, after hearing the evidence of all the wit
nesses examined, find him iustiiable in the
act in the performance of his duty as an otll-
Ger,
In testimony whereof. as well the said May
or and the said ,Iuors, have hcrcunto set their
hands, this 2Gth day Of January, 1870, afore-