Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1875-06-18

Adam Empie and John L. Holmes,
Esqrs., appeared for the accused and
DuBrutz Guitar, Esq, for the prose
cation.
Ransom Mcmillan, sworn and ex-
amined for the prosecution:
Question-State ali you know rela-
tive to the ling OF Charles Jackson
by James Burgess.
Answcr-On Thursday night last
Charles Jackson, Albeit Thompson
and Ransom Mcmillan were out ser
enading we went screu..liiuss;
we Went down 10 GilbeIt's saloon
in the city, on Water street, be
tween Dock and Market streets; We
played three tunes outside, and were
invited INTO the bar room by the ban
keeper; he invited, Us three, to take
drink; after taking the drink, the
barkGeper asked me what / would
charge to 60 one hour serenadiuG; |
told him one dollar; he refused to gI.e
me one dollar and offered me a smaller
sum, which we accepted, aDd we Went
10 serenade q house; afterwards we re-
turned to the bar; after we returned
to the bar, e. Z. M4st:n and the dc
PENDANT burgess we've standing IN Inc
door OF tue bar room talking outside;
Charles Jackson, Albert Thompson
and myself went into the bar; [ told
the barkeeper We had returned; he
said all right, play us tune; after We
finished playing, [ said, now we viii
take a drink ana a smoke: he then
gave Us drink and q smoke. and then
[ said. now We will go Mir. barkeeper.
As L got to tie door the defendant
burgess said don't go yet, he said he
wanted us to play some more for hin;
L said of course, If there WAS any
| money in it, l would stay longer and
play; L lett him and L. L. Martin talk
ing together, aud L wcuS up TO Charles
jackson, the deceased, and Albert
Thompson and told them all right We
| would play more. La a HatIe while
the defendant, Burgess, asked what
we charged; before [ could speak
Charles Jackson said 81 80; Burgess
then said, you have nothing to do with
1t, was not talking to yuu, [ am talk
Tag TO the leader. Charles jackson
said, am just as much interested as
the leader Is; Burgess then went from
NE to Jackson, aud they got into close
quarters, and got to shaking fists into
each others faces; then Burgess said
to Jackson, he would shoot him;
then l got between them, and
begged them TO stop, and they
would not. L SAID, 'flf you men viii
fight, 1 have no money TO pay to the
court, and I viii leave YOU of
The defendant in jail then said
whatever Burgess said he would do
it. Then as soon as he spoke that
word he came from behind the couu-
ter and ran to Charles Jackson and
caught him under the throat and
pushed him back against the wall
Charles jackson, the deceased, broke
his hold; then tie deceased ran out
doors. Then the defendant in iliI ana
Burgess took ate" hlm. Then in q
little while after that, l heard a pistol
tire on Water street, between the bar
and Market street. A little while az
ter the pistol Was fired, the defendant
III jail and Burgess came back TO the
bar room. | said to the defendant IL
jail where was that pistol fired? He
said he did not know; it sounded to |
him like it WAS across the river He |
was then IL fever Tor me and Albert |
Thompson ana Burgess to come out |
of the bar room. He was shaking bis |
hand aud said that damned Niger has |
shot my hand, or broken it in some |
way; did not say what nigger.-
Defendant jackson in jail exhibited |
his hand, aud showed marks Of the |
skin turned up little on his fore-fng- |!
er of the right hand. He told US, |
Albert Thompson, Burgess and my
self, to leave; he would get relief |
directly. As I turned the corner Of |
the bend as you come ont Of Gilbert's |
bar room, Mr.. James III. Cowan, the
ofaf I alf
was that pistol fired here He said
he did not know, it sounded to hin
like it was over the river. Then as [ |
got to the corner of Market and Water
streets Albert Thompson said to me,
who is this lying down here I ex-
anined and found IT was the deceased |
Charles Jackson; [ took hold Of him |
and called him, and hemade no answer |
L said to Thompson let Us 60 back to |
the bar room; these men have killed |
Charles Jackson. The deceased was |
lying in the gutter on Water street Oh |!
his left side, with his head towards |
the North, with his hand resting on
the curbstone, and was lying about |
five feet fro N the corner of Market |
street. We went back to the bar |
room, and found the defendant, i'll |
jail, Jackson, in the bar room. / told |
him he or Burgess had killed Charley. |
He said what Charley? l told him, |
the one who was in here playing bass.
came out then and went back to til |
deceased. As [ came back to the bar
room, after finding the deceased, [ saw
Burgess going through the Market |
House. l then helload to an officer
to catch that man, which on9 done;
and he was then taken down to the
deceased. The policeman then took
us ali to the Guard house.
The hour at which the pistol was
fred was about 3 o clock in the morn
ing OF the Thursday night of which l
first spoke.
Q. What time elapsed between the
time when the deceased ran from the
bar room, pursued by Burgess and the
defendent Jackson in jail, and the re-
port of the pistol?
A. 1t WAS about five minutes. And
as soon as the pistol fired, al owing, in
my opinion, time to walk from the
corner of Market md Water street,
Burgess and jackson il jail returned
to the bar room.
CROSS EXAMINED BY Mr.. EMPIE.
The statement I have made contains
III hHO" dEOub lu0 uldtGeE. L nave |
been examined before. 1 have made
no mistake to-day Ill my testimony. L
may have omitted IN my examination
the other day, as l was worried and
had been up all night. L stated in my
examination before the corner that
Burgess threatened to shoot the de
ceased. 1 did not state in that exami-
nation that all Burgess did was to
shake his fists in the decrased's face.
did not see any pistol in Burgess
hand while he was III the bar room nor
with any pistol at all. When Burgess
to shoot deceased he run
bis hand under his coat behind him.
but did not pull out any pistol. At !
5hat time Burgess and deceased were
rms's length from each other The !
deceased Lad said nothing more to
Burgess. but that it would cost 81 80 {
Don't know whether deceased and |