Lexington weekly intelligencer., 1873-04-30

l
sommoning jurors, and on Saturday tn
trial began. A nolle pros. has been enteret
in the following cases. v
| VIM. Catron Jr, VIM. Eutberfor,I
William Zans. White Uarrison
| Edward Harrison. John Yokcly.
| Shas- Attcrberry. Columbus Wilburn.
| Mn- Downing. Hawkins Fitzgerald.
geo. hinchioe. John G0odridge.
James eendricks. Robt. M0sby.
| Alfred j. Hall. Esq, county attorney, an.
Hon. Squire Turner, Of Boone, are conduct
ing the prosecution. and Rathbun 4 Graves
Judge Walker and Geo. G. Vest are retained
| for the defense.
The testimony taken up 10 afternoon Mon.
day follows:
DAVID FOSTER EXAMINED.
Live In LeSington:hav lived In this county
about three years:Snew David Douthitt about
year before his death; was employed by
him, part Of the tiMe on the Martin Warren
farm. one mile sot:th of Aullv'ile where he
was living at the time OF his death; was in
Au,iviile on the 10th of October; Wen: there
with Wilson and Douthit: about clock
FROM Douthi;ts farm. Hhich is northwest Of
town: went on horseback. Dou,hitt and
Wilson walked. stopped on the road and
they got there few minutes before me.
Went to Sissons shop on my arrival. then to
Nichols saloon. from there to Soun.'s fur
nlture store which left about IL O'clock. l
got dinner at Mr.. lnskip's house about 8
O'Clock. There WAS trial N AullviIe that
day in Prices old store, ahou: $50 yards
from luskip's mouse: cou!i not say how many
houses between the two places The trial
was before / got nay dinner; IL was civil
ease against Douthftt, Wilson and myself
You prosecuting attorney Hain was there
prosecutinc; don't know how long it listed;
1t wss put ot again. l do not know vi at for;
am speaking of the last trial: and the
Others were requested to give bond. which
We dill. We went to Iuskip's house after
trlai for dinner: dis. not notice the time. Left
my horse at ln.k!p's. lie asked us TO dinner;
We ate IN the front room, IL is q one s'ory
house ell the street, West OF the railroad:
trout door III centre with two windows
on each side five or six feet apart.
In the room was q bed; table, chairs,
right OF the door and partly covered
one window; cradle vas on left side ofrOom;
do not know what was in ii. lnSsip has five
or six children. the oldest boy about IA and
the youngest also boy, about one year old.
two other boys and one girl nine or ten. /
l think Mrs. lnskip was ironing on the table.
when We got there. There was disturbance
about AL hour am. half after dinner. when
we were in the act OF starting home. I went
10 the stable TO get my horse. and SAW 4 lot
OF men coming up the road south from Davis
bridge: left my horse. went 10 the house, and
ID. and ". were sitting talking. The men
seemed 10 he scattered over the prairie, amt
were 200 to 2j9 yards od when saw them.
and IL was two or three minutes before they
;.sme up. They came ZIP TO tie hou,e pretty
lively. Myself, Wilson. Eoutlitt, M. In
skip and wife and children We're all in the
house with the door shut. Firing taen COM
don't know who fired; can. say
positively ~h,re it commenced, inside or
outside oft house. Douthitt and W isOn
were in the front room and think Mr. In-
skip and children were also; DON'T know
ran into the back room. There was a cook
ing stove on left hand side OF room. Hen.
1!son ran out t!lrcuS h tie room; could not
say whether lie was hurt or not; he was
hurt that day. Firing continued about two
aud half minutes; think there was q hun
dred shots tirea; there was more firing after
Wilson came In. | went up into the lott ana
laid hat Gown OIL my breast. did Eot see
any one fail; saw Douthiit standing; three
feet from the door looking most every
wnere; he was killed there. When saw
him he was lying on his face i'll the centre OF
the room. body wing north and south AZ
ter the hiring ceased came down; saw lawyer
Phillips, VIM. Martin aud several others; do
not know whether they were armed or moi;
there were two or three strangers there As
guards. one had a double barrelrd shot gun,
was commonly dressed. 80 or 45years old.
% ieet high; one with pistol, tall man, well
dressed; do not know who he guarded. Saw
Mr.. ioungs III room. he as not xrined and
did not think him one Of them. He said
they would not harm me- Don't know what
became Of Mrs. Inskip; heard her cry while
nring was going on; she Was not in the room
woen II ceased. l noticed the house after
tne hriug; there We're about 25 shots in the
oeor iscinG the Partition, five or six shots on
tne soutn SIDE and one or two in the gable
end; don't think the windows were hurt; one
Wlndow III back room was out. Saw DOuth-
ist's body; did dot see it examined; first
saw 1t ing on the fi"er; think be was shot
IN chin anu neck; right smart blood on floor
The men did not remain long in the room:
went out OF the front room, SAW no one
when went out, but heard men talking:
.hele seemed to be = good many of them. |
Got on IDy hcrse ana went TO Mrs. Walkers. !
Iway from town on Davis bridge road; the !
bridge is about $50 yards from Aullvillc. 3,
The men came Up from Davis bridge,they
we're st the forks Of the read when l first |
aw them aud took the r. mt hand road
rhlch leads by Inskip 5 house. oth rosds lead
a to AullvilIe; il is a hard roa,': thefe were /
orty or ti.iy men. The tail yoLrs mxn is
lere. si;tin behind Mr. Brown; don think
he other man is here. bEt he was here yes
erday. He WAS one Of the number. l vas
ot required TO give bond; did not know
irofe Io,iEgs until that evening; don't kuo"
7hen ] last saw Old Mr. Dputhitt; don't
Eow whether yoa iialp OF Notation was
here
CROSS ExANISATloN-I have lived in
his county about tnrce Year,: have been in
ais city since then; was staying at Colonel
at that time. ] went to Auuville
, attend trial for stealipS Mr. FItzgerald's
lulcs; mot on Was made Tor cew trial, Tut
iink IL WAS overruied: there Was a previous
'iai but Douthi't put it of. they took a
,ange Of venue this last time to HigGinsviile. I
he trial vas before Esquire RidScway.
Outhitt and Wilson were bo Il armed ut -,
lis trial. each with pair of navy rcyol. c
ara; and , shot gun; dou't know whether I
'ey were loaded or not, suppose they q
ere. There were horses OH Doufaitt's Y