Middletown transcript., 1875-11-27

Sr., said to John, Jr come and shoot these
fellows down: John, Jr. came and shot Fur
chess from behind the petition; saw the pis-
tol in John Whitlock, Jr's. hand Furchess
was standing with both arms folded and had
stopped dancing; all of them ran out imme-
dately after the firing.
Adjourned.
TUESDAY, Nov. %.
John Hopkins, cross-examined: Never
carry fire arms; saw no pistols on our party.
William B. Ford sworn: Am county con
stable; had warrant for Whitlocks, arrest
ed the father but could not find the son !;
hunted the son in Middletown and all over
the county; could not find the sons where
abouts; the warrant was given me Septem-
ber first.
Doctor R. B. Mckee sworn: made post
mortem examination the ball entered the
right side and coursed downward four and a
half or five inches and imbedded itself in the
stomach. &sa#
DR.. Kennedy corroborated the above state
ment.
The State here rested the case, and at IL. Id
Hon. VIM G. Whiteley opened for the De-
fence He occupied twenty minutes in his
opening address alleging the homicide to
have been justi6able, and as committed under
sense of impending danger.
The first witness called was William. W.
King, who testified that he was in Whitleck's
saloon the night of the shooting, at the white
peoples bar; crowd of negroes came in
about I 80 following and asked for drinks and
a pack of cards; they got some liquor and
commenced playing cards, some dancing and
following: the old man demonstrated and
said they would have to leave if they did not
stop; one negro replied ''Pll be d"d five
do, we have spent our money here and I'll be
God ID if we don't have some fun" the
negroes were very abusive and kept dancing;
the old man said 81 don't want you to spend
your money !" looked over the bar and saw
Wiley and Furchess dancing nine negroes
and four white men were in the negroes bar,
| told them they had better leave Furchess
repeated about spending their money there;
they kept quarreling and the old man asked
John to come and drive them out John came
and stood behind me, between the counter
and partition; John said 'you will have to
20 out ~ Dennis said stI'l be God id if
we go out;'' John replied eff you don't go
out Fllbe God id if don't put you OUT
Furchess ran his right hand in his left breast
pocket and pulled pistol half way out of his
pocket; old man Whitlock was at the end Of
the black peoples bar and called ''look out
h. is going to shoot" Immediately heard
pistol shot behind me saw a flash but did
not see who fired; John Whitlock, Jr. was
behind me the negroes then ran out.
The witness further testified that afterwards
the same gang of negroes came down and
fred pistol shot, and made thereats of burn
ing the Whitlocks out.
Theodore Whitlock, sworu-live opposite
my fathers house heard that the house was
to be burned went over and looked into the
colored apartment, and saw the colored men
dancing; heard deceased say, "Pitch in"
and saw him draw pistol. The rest of the
testimony was substantially the same as the
preceding.
The witness was cross examined by the At
torney General; went to Bunker's Hill on
the following ffo blowing dag with previous witness; on
coming home stopped at Armstrong; Corner;
saw man named Dill, and heard him remark
that my brother had shot negro last night.
Mr.. Dill was called by Attorney General,
sworn reside at Armstrong; Corner; know
last witness; heard of the shooting at Mid
dletown; one, King, by name, who was with
me proposed as we returned home to kill an
other. William Williams was presented
cross examined by Mr.. Whiteley corroborated
the previous statements. George Jones, COL,
recalled; did not see King behind the bar
the evening of the shooting.
William Hall, COL, sworn-and corrobrat-
ed the previous testimony.
With the consent of the Attorney General,
the case at this stage was placed in the hands
of the jury, who soon returned with verdict
of mot guilty"
THere, for the want of space, we must dis
continue our report for this week.