Lexington weekly intelligencer., 1873-04-30

~ ~. LttueJonus OSCAR feroue, Tom
Downing; oil wsre armed, they turned me
, loose In lroat Of 1nskip's house. tasksd Mr..
brown why l was arrested; he said
: coild go. Ny wife came up after the afray;
, met them atout hall WY between Davis
creek aud Aullvills. II was but Z lew min.
i. ced. The men went riding In galiop aftsr
; my arrest; I was IN the house when the In
! quest Was held; I remained about live min.
utss; durlpS that time never examined the
chin; the body Of Dave d ,uthitt WAS lying in
, the back room across the window
With bis feet ,inttng west; saw shot holes
: IN the pla'terlng Of the room, also In the par.
/ tition. live about . mile on direct line aud
j mile and halfin the way have to 70 from
: Aullvillc. l was going west when was
, stopped. Dave Doulhitt intended coming to
! my house that night.
CROSS EXAMINATION by Geo. G. Vest,
ESQ.,, Of Sedalia. married sister Of Dave
Douthitt; | went to town to go hts bail IL he
needed II. After trial went to meat shop,
bought some meat aud started home. Don't
recollsct having eaten any dinner that day;
did net stop Al lnskip's; when arrested, was
delayed about two minutes; the party started
on and followed; they maize a sort Of . halt
ut the folks Of the road. When l reached
, the fork they hal arrived at the house.
went to the place where Nj. q. l.. Douthitt
! and buggy were. He was not In the buggy;
l had asked Mr.. Downing to take me to the
buggy. Firing commenced when We reached
I It. l was looking ut the house when the
nrlng commenced and heard two or three
shots and then volley. l did not get to the
house until the firing was over. 1 went 10
the heuse in u walk. know Mr.. Ben Will
SOU; he Is = trader. Grove ioungs was
armed with pistol aud had 1t In his hand
when he arrested ME. am not positive aud
don't know whether it was a pistol or gun.
l saw MIR. Han,ey; don't know whether he
was armed. thiuL Mr.. Brown had pis-
tol bursled around him. jesse Osborn had
= shot gun.
THos. TAYLOR SWORN
Iwasacquairted With David Dou,hiit; was in
Anilv.le the day he was killed, was dep.itiz.d
GOT got In tow, town: "a, saw some about In,kip's house,
teiohn james and Henry Fitzgerald. Geerge and
Jesse Osborn, Robt. Greer, John Zastmeyer,
VIM. n.. Martin, Moses Anson, John Tyler, bob
Isaac AcNay, Grove foungs, some brothers o:
Vim Young. don't know their given names,
we're arms in the crowd, don't know who all
! were armed; Henry Fitzgerald and Frank Glad
dish had pistols. The LETT hand road Is the near
estto business part Of town; il is the one gen.
shooting; saw the body examined at the inquest;
| out at back of neck; LETT arm broken; scattered
shots on the breast, some Is low the stomach
| and several on the sides; from the looks of the
holes they were buck shot. took the clothing OF
him and dressed him, found pistol on the body,
| loaded all round; not as much blood as expect
say how late the party Of men staid in AuiIviiIs;
| think they lett about sun down. Shooting COM
| fnenced about an hour to sun down. DO not re-
ueMbcr whether there were any men at the forks
| OF the road; saw Mr.. Dosthit: where he was stop
ped Twas IN Belts store when shooting began
then started towards Douthtt (G. Ii when
Mr.. Perdne drew pistol on me and told ME to
80 back; did so; saw several stopped; doa't re-
member the parties. 1 was in the court room
| Wntle trial Going but n W he In
closed. sscd many Of these men were around
town all day; don't know whether they were in
| the court room not.
| CROSS E1AMINEp.-I saw these men all around
town /; was in Belts store when the firing COM
nsnced; after the firing saw the men I reeogniz-
Led, some on horscback; was 20 or 80 yards on,
could no; say who had arms and who hud NOT:
don't know who did the shooting Both roads
are plains | usually travel the left hand one
Don't think saw bouthitt that day before the
trial don 7 remember seeing him with gun; he
May have had one. saw the dead body " ing on
the Moor; saw the pistol taken from ii; II was the
only weapon saw there. There were two or
John Martin was not there; think he had gone
home saw Grove YounGs in town that day
talking to shelby. The shooting took place about
an hour by sun; don't know how many shots.
they were scattering.
TESTIMONY OF pnUnY EIpGEwAr
was acting as justice of the peace OF Freedom
township, Lafayette county. There wa. a case
before me; the ststevs David Donttitt and Ben
Ni.son. The first day OF trial the was con-
tln'ied until the 10Th Of October. IS72. The case
came mp; the state announced really for triuI
'eienddats asked for 4 continuance which WAS
overruied. They then took y change of yinue To
squire EirRrs court. ain rot acting as justice
iii the afternoon when the case closed; heard the
shoot ny whilst in nv office sometime after the
court adjourned; first heard one shot then an
other, and then vo!!ey of shots; then went OH,
and saw a large crowd; they were gathered
around lnsSip's house; my attention was called
10 them ny Squire Chan. There was drnse |
CrOWl IN attendance ut that Ily did
not recognize any parties whn attended court IN
wards the crowd; called him back and told him
he had best let me- and some o.hcr old men 20 |
there; then went in company with Judge Price. |
Eaed Nj; Jean Brown. John Hanley, Henry /
Fitzgerald, WIN. Zans, Grove Youngs; / cannot |
.He hh ras hna Mn Finn him
with pistol. held inquest upon the dead |
body Of David Douthlt,; there were wound. on |
his lace, stomach and arms; cannot describe |
his wounds; there was one pistol found on his |
person; thEk had surgeon but AM not posi- /
tive; did not call doctor because he was dead I
his clothing Was taken OF 81 k.m and he was eS-
ai.i.ned: TIE pistol ne had was l.adti. The body
OF men went out of town IN Il southeast direction.
IKE common soidiers, two by Two. Ny imprss-
SION IS some OF the party were in a;ir!iden.e nj
the trial in my cour; that day the crowd saw
A. lnskip's house; l isnk Mr.. Browa WAS there:
TANK there were some Others therc. l xntici- /
paicd some trouh.. o. the day OF trial
Oh sorf.- threats having BEEN made OF the ,av
previous: went 10 Dowring's st"r- ,nt said 10
GROVE! of our best citizens standing there. that
such was the case and whether they would allow
any disturbance, allow my court 70 20 on
Nj. Jonn Brown being on- Of thc. party. told rae
Ito hold my court; Er would me through -
. GKoSs =, EI.MsAIi9X feared dis.urbanc.
been say ing should not h Id court; they were
armed and had them disarmet in court; can't
be positive 10 whom they gave their arms; I would
Eot have hA,. them disa.Ined bu: for fear Of trou-
bic from tneir actions and general character
nrst heard only one shot: when went to the hoase
the hriHS had cea>td; did no; go into the house
until held the Inqu.st; think there WAS one
sii.; gan 10 the room, am not positive; there was
bat one Colts Eayy pistol. Douthtt and Wilson
applied for continuance OF their case on the
grounds that an inipo:tan. witness was absent;
important wt,ncs, james Fiags, on the street;
when again opened court he could ro; be found
SO oSerrult't the motion Ny docket will show
" !o Ipiird for \ continuance il the case; Mr..
Hal! the prosecuting attorney Was there favor
o; ti,e state.
MONDAY, April esth.-Court opened at
1870 O'Clock, p. NJ. Il
FIEsr WITNESS. IHoNAs p TCtra
I am - years olSend l,T. in AuiIvi,!e: have
lived tiere about eighteen months; tie 10Th Of
Oct: is.e. WAS IN Auiiyiii.; iwas near Al
Nichols saloon when Dave Douth!tt was kified
by party OF men in Mr. irsxip's house; whrn /
kns hoasr sns men ss Sers r.s firing towards In
Prince lin store; WAS in Of Heft's store
when the firing first conm.nced; did not see :
the hFst iii'ing; Enni, store is On Wainat street;
the TN shop on First street. The parties were
iirnx at inskip,s hou.e; they were nlonned n;
l..
IN 1mong them before the firing ceased Il as Hp-
pointed rs deputy constable. Mr.. Vim Zans
asked Inc 10 give ui' my arms; would not do it.
not KNOWING when might have for them nv =
aeii some man cursed me, saying Cd d-u YOU !
throw that pistol away :did not know who he " as; =
would Know il Could him; Sing shannon u
!hrn can'e up armed with saddle packets wen.
oacE 10 inskip's house; saw between 40 and 80 !
,srn; saw James Fitzgerald, John nandiey, Mr.
Brown, Mr.. lounSs, armed Will guns; Ike Nc I
vay With pistol IN hani; Henry Fitzgerald {
Mr.. i-ittelohn, james Wiley, WIn. Martin Os- n
ear Perdl-, armed, and sam Nichols OH horse u
back; did not see the men before the shooting; :
saw some ofthem in the street taking; don u re-
member the conversation; ! saw Col DuUthitt !;
stopped In the road; don know what they .sid .
% him. believe they orurrei him out of the >
Ir-Ey; was looking on. for No. ! about that y
itii-: be was getting OUT when 1 got there; do c
iot rttne nuer what WIS said ~ him nv atten-
lou Was called away by hearing some shot !,
passing Inc, aud two men behind ordered me y
% Lay down my arms; l remained there about =
I've minutes; .:,nut eight were around q
ne Buggy, did not So ILto The house mill late
nat ssenmSj saw several holes through The door
scinS, also III the walls; Dave DOuthi;t was
ying dad on his bgck about the middle Of thr ),
oonl 50" he wis shot in the the chin amt breast:
aW son lyinS ;!!- bed, appeared be shot Il
II iar NIP; was at Ike Inquest; The men ~
:aVicS lowe il III" order 10 soldiers, double
lie. Mr.. HAndiey formed them III line anI rode II