Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-10-09

sey fell, SC.
Witness vas pouring the wine out for them at
the time Of the stabbing, the lady called Slater
nom the door, and then came In, heard, when
the lady put her hand on Skaters shoulder,
some one say: "ln catch him by the ears and
butt his brains OUT IL ~as said IN q calm man.
ner, not anyways cross, 10 was some one at the
table where Slater Was; Hussey was n the next
table; they were laughing and talking previous
ly; hussey Old not strike Slater At af
THE ONLY MOTIONS HrssKY Mann
was TOW ards wsrdtng on the blows; he saw Stat.
about ~ long ss his and-six OF seven inches
and the blade was bright one.
Cross-exsmined by Judge Rioe:-The parties
were at different tables Is quite certain that the
remark about butting brains out came from
Skaters table; there may have been other con-
versstion; Slater came in with two ladies' don't
came in subsequently with Mr.. Finley and
Others; he was rather q large man and stout,
one OF the gentleme in the room introduced
Hussey 10 Slater, the lady who came back and
called Slater was the smaller one OF the tvo,
and Slater spoke cross TO her; SLATER then
drew the knife; nothing was said by Mr.. Hussey
st the time, as he heard; the lady screamed
when Slater drew the knife, and Hussey aud
others got up, and as Slater passed II ussey he
THRUsr THE KNIFE INTO HussEY.
witness had told Simms out 10 the park the
same facts he had related, did not have any
conversation with Mr.. Husseys brother or Mr..
Finley the same week OF the homicide, but had
seen Mr., McEltresh with MIR. Finley aud others
and told MIR. McElfresh about Il, did not tell
him all.
The government objected to this testimony.
Judge Rice said his object was TO contradict
the witness; TO show that he had at IA at tune
given an entirely
DIFFERENT VERSION OF THE AFFAIR.
The court ruled that the counsel could pro-
coed for the pdrpose OF contradicting the wit
ness by his own testimony.
The witness proceeded 70 relate what was
told McElfresh, the same in substance As he had
stated above; witness did not tell McElfresh
that any pr0fane or vulgar language was used:
witness had been in jail for a little difference
lad hal saA - -.
threatening 20 stab her; only was in Jail at this
time; did not tell Simms that some one called
Slater a sucker. Mr.. Williams, the lawyer
called TO see him, but witness declined 10 have
any conversation with him about the matter.
Simms had gone out after sausage when the
homicide took place.
took place during Simms' absence for sausage.
BY the Court.-Slafter Jumped up from the
table first, and then Hussey got up, and was re-
say word; the only word he heard was that
used by Slater TO the lady, that he would not
Robert Cdthodrt, jT.-Witness resides in Sayan-
nah, Ga; was at the SchuetBenfest on the
night OF the homicide; went there in company
with the deceased; got tired; suggested that thew
come home, and went down for the carriage,
but stopped in Wills. Was introduced 20 Mr..
Slater, Miss Snow, and Miss Agnes Howard.
In the other party were Brown and Hunt. They
were engaged in conversation. Messrs. Hunt
and Brown went out with the ladies. Miss
Howard returned and called Slater who then
was taking wine with witness party, and asked
him TO come on. Witness and Others told Star
ter not TO 20, and Hussey said, Don't 60 or
I'll butt Your brains out" and witness said,
"Recoliect, you were introduced 20 me as a
thoroughbred" Miss Howard then screamed,
and Slater made a thrust at Hussey; saw him
with knife, and witness told him 10 put IL up,
and he did so. Just then some one said, mike
Is cut" and witness went 70 him, when deceased
said, "Bob, old fellow, I'm gone"
At this point, ll:40 O'Clock, recess was taken.
on resuming, witness said when Hussey made
the remark he was seated II the table, and
made no demonstration. SLATER then got up
with his back 70 witness, and the women
screamed. Hussey got up and backed OF. Stat
ter following and striking At him, but witness
supposed that they were skylsrking until they
fell. Witness got up, and some one said Mike
was cut. Only saw the blade Of the knife; il
was little longer than his finger (about inches)
and wider. The knife was put in a pocket near
the waistband without closing. When witness
was bringing Hussey IN he said that IL was no
oss-examined:-witness was a gambler; so
was Hussey; the deceased had a brusque man
ner Of speakingi they had all been drinking;
witness was not drunk, for when he-went 20 the
bar he would take q mOuthful and throw OF;
Judge Rice.-Drinking "jockey;'l Slater APP
peared to have been drinking; Hussey said COM
ing in, "Im gone; he has done his work well;
forgive him. though; 1 don't want him ar
rested" there was one colOred man waiting on
us and there may have been another; both the
parties fell across a bench; did not hear any one
say Don't Nike" don { know that Hussey and
Slater had any conversation; witness m sy have
taken hold of Slater; did not hear any vulgar
language; would not say that Hussey did not
swear; Slater invited the party 20 take wine;
Hussey was a well-buflt man, weighing over lS0
pounds; the party in which Hussey and witness
were was composed of Messrs. Finley, Harris,
Mills and Taylor.
ANOTHER EYE WITNESS.
Edacdrd TdylOr:-witness resides in Balri-
more, was present at the park with the deceased
and Others, went into the booth OF Wills,
found Slater, Hunter. Brown, and others;
Brown called the party over and introduced
them; wine was called for Snow, Hunt, How
ard, and Brown went out; Slater had been In
troduced as ga thoroughbred" and tone of the
boys; Agnes Howard came back and called
Slater TO 20 with her; several said don't 70 out,
and Hussey said "lt you go, III take you by the
and said "I'lI show you how you'll butt my
Drains out''; Hussey got up at the same time,
and Slater went towards him thrustine at
him. they fell near the entrance, and some one
s"'u W. " was cut witness went over aud s .ss
him bleeding, and then went down anu s'' w
hack and accompanied him 70 -. !,
Cross examined:-Witness' full name was
Edward Taylor Frame, but went by the name
OF Taylor; dropped the name of Frame on ac-
count Of family affair; had been arrested two
or three times, and had his picture taken, but
IL was returned TO him after Bigley had az
tempted TO black mail him; witness WAS arrest
the charge was not substsntiated,a and at another
time as gambler.
GOOD HEAD FOR BurTING.
Witness followed gambling; Hussey had been
following IL for some time; heard Hussey say
nrst, 'lf you go you amt no Thoroughbred
and then, "lf you 90 I'll take YOU BY the ears
and butt your brains OUT" Hussey had a large
head.
Mr.. Rice.-"Good for butting?"
Witness. -" don't know; / never saw him
butt" -
Mr.. Rice" Hadn't he the reputation of
being but.er?"
Mr.. Harrington.-"Oh, that won't do judge:
You can't bring in a reputation for butting."
Witness resumed:-We all lad been drinking:
Hussey was always joking, and the words he
used were said in a jocular manner; Hussey was
not coward, but had seen him take insults TO
avOi a disturbance.
Judge Rice Mr.. Slater is a small man,
Witness.-"I think he is q aversge-sized
man."
Judge R." What will he weigh?'
Witness.-"About no."
Judge R." Not over Us or $780,"
Witness.-"Id like to bet something on t."
tLaughter.l
Judge R.-"How much would Won 20 ?D
Witness.-"lll go q hundred on it.n
TESTIMONY OF HENRY WILL.
Henry Wtu;-Witness was at the park durino
the feste; had booth there; the stabbing took
place In his booth; several parties were in the
saloon drinking wine; a lady came in and said