, 1876-01-05

VI h4e Eohtleafh we're pfescnt a. the time l}aS1s
got into tronolo with ,fE. FaYorito In IA. m:
very drunk nor vory sobns. At tho time nf tho
shooting llo wRs not soher, bnt Intoxicated 1lo
drank tHtco With Mr. Wty1And that aftefhnnu.
] saw him drink twenty tninnles bciore tho
within m hous OF tho shooting.
Q.-t1ow many driuka did 10 take during tho
afternoon
obJec!ed to. Objection snstaincd, aui ruling
arr. O'Brlen psnsod tha. no expected 10 prove
That he went tlsore IT. tito morning Wti medicine,
and lind taken II nl1o tIlRt la had drank egg
nog. whtei, combining with Tho redlcs"c, had
l aaw Davis With Wl,yland in tho bar-room
during lie dny. aud tllclf claliouA zero perfcct-
~ plahaant. They atc Iunct, together, and drank
together twice during tho dav. Wi!pn went to
the bar at 1880; DAv!s md whyisnd. With others;
wern throwing dlco for tfln egg-nog. Whsland
irAnk The second time Within twenty minutes Of
tho 1tat drink. They drank egg.nog nlAle Of
whisky, rum. md milk. Tho egg-noE waa COW
cfeh With nnto fohm coiored green and te.i. but
mono uf ttle colotinE stuff waB drank. Ihcrc
wero or Ea'lona Of cGg-nog, Thcn
innt!s hy Mr.. iiuw. / waa mitneaa
at Tho Corohers intlnnst II was l,cltl tho next
stated at tho inqueat tnat Davis was 10 drunk
that tried to ret hin, to 10 homo NAV bayo
stated words to that effect. did try to get him
to go l'omc md g.yo him drink On colidltton
hA1t Ao "oA'A 6us rlIGH Ao t!a1@H VII tAo I0VA'
7ItoMAs SMITH.
I am thotcai1wnttcr vi tho st. Elmo; l,ayc bcen
employed thore of ant TN for ttrco yoatH.
knew feccasol and Dayis about tuclyo OF
e'giteen mouths ago thor had fuss which |
saw: Dayih way n!tting at tho tab'o when Why
been talking about me-" slr. Whyland said
!" ,Nhnt lavn boon eaying 7" After few mo-
mctta' conversation they wakou hack into tho
alley, and I paid no further attention to it
a,r,fH nf3 7 hal nauf1 ~,
80 inlo Tho kitchen 10 500 about au order. and
lenrd loud talking botwoon thein. G}ayis aaid,
"fes, you did. by Cd: 1 got 1t from good
authoIIty::'"'. On this wont up into tho alley.
A fow days uftcr, l wens up Into tho lndics'
Restaurant md air. Davis and Whylhnd wero Id
loom No. 4, talking Oh Tho satno subject. They
Mero talking loud, and notified Mr.. WhYan1
WLyland was 1caaoniug viii, Davis; Whyland
said, II mover said 70, Ilank." Davis replied:
"By Cd If ever set hold OF tho truth. ,on
will novcr Ray II of any other man." Whyland
said that DarlB ough. not to talk 60. etc.
Gro ross-c1amina'ion reside al s7t Wat rakc;
havo bcou employed by Yltylaud K Toss Hlnco
Juno 4, 1872. | first heard tho TALK In tho
tlinin-grootns. WituosH here repealed bin Btate-
meutinchicf. I heard tho words up stalrs
whom | was up thsro on regular business.
frat esatod those facts to Mr. Heed In ha Office.
at :ho last term OF court WAS taken tioro by
:, na,conbtable. mover stated 1t 70 any ono ela''.
No ono over catno to INF huuHo about fpy tcsti-
tnony: Wl,Y!anl aud Dasis wcro nover 30
friendly aftcr this. Mr. Rcod was tic first per-
son who aeked inc II tlloro wns eEor aug trouble
between Why1and and Davis noscr told this
to Any one. aud don't know how Mr. Heed cano
to know 1t. Sir. Foss noror apoko to inc about
Tho case. James Stewart knew about Tho ditll-
Guilty; he was waiting Oh Uayls at TIE timo.
emit e.ate the exact dato WHOM it occurred.
think It wnt in tho hitter park Of tho summer;
ntn positive 1t was over twelye moTths ago.
Redirect: Stewart was whiting oil Mr.. Daris
that oyc'nng. and Was getting check. l caut
ray wLut tic fuss was about. did no: hcar
Davis say what s1r. Wlly!and had hatd.
by lu1or-Was alt. DAVIS Intoxicated d. Tho
didn't Eee1n to bn
HENRY FISHER,
employed npw at tho pal1ncr IIouse, said he
know Mr. Whylnnd. know Davis. I saw tho
shooting. / returned from Doty t. Khtneu, ubcra
l'avoFl.o wero il tho un,i-room. They we're ail
talking then. DariH catne oils Of tho wash-room,
md Wbglaud nns trying TO racify him, asking
him to go out on 10 tho street. and not lsayc any
ho had 10 do witb it, and tod him Syon i@ --@w -
---~, fwill shoot you" Mr.. Wh7Iand jumped
behind tho stovo. and Dayia rushed up and shot
him. 31r. Whyland dropped oil his lcft shoulder.
md Davis rushed through the restaurant out
ran utter. halooing murder. Davis WAS
on Dearborn stroot, and got into tho a.
10y betWoou tho Adelphi aud IArmoiee'3,
when y en- nun caught him. bu. ho pu. tho pistol
then ran out Of tho aoy, aud crossed tho street,
nhcu lio attempted to jump OH tho paveuio,lt
near tho st. Ei,uo nui lcll. A big cfowd wns
tharo, but Bcattored. and Davis ran through tho
rontautalt 1ntu tue lar.
Cross.e1aninat.on havo boon working d.
tho Ut. Elmo about two years.. l ilrst saw do
fendalt about Six minutes of & ho waH III tho
Mushroom % viii, Mr.. Fagorite and Whyland.
toned abovo to Whylanu. lInve known Davis
for vcar. stated ut tho Corouars inquest
that ho must 10 out Of his head, first gave
my statement to Tn1HusE reporter; no5er
told 1t 10 any lawior Was summoned Saturday.
rHANK wnlrrLE.
knew G. u. Whylanl In hss llfstimo. was
In tue St. limo OIL tic 18th ot November, 1876.
wont In therc Oh that day aud saw nlr. Fosy.
Who invited mo to thko glass Of cgg-noE. I
vent Into tito bar, and saw defendant and 3rr.
Bald You have hit mb." Dayia sad, taiing
handkerchief from his pocket "S,nclf Of t!tiB,"
aud strtck him again. Mr.. FaVurlta went 10
tlo waeli-ro0m nnu said to Davis tspcaking OF
witueEs), "1lcro's frlo1ll Of mino." Davis
answered, - sou, take caro- OF him."
Thinking tlloro wuuld DO morn trouble left the
saloon. and met Dir. s4hyland coming In. Soon
aftor I hoard the ahot, aud saw Davis running
over toward tho Atlolphi aud back again, aud did
not SEQ him agasn uutl ho was arrehtod.
Croas-cEaminafion waa!lod hh faro. After
tho shooting occurred went In: don't know
what took place from tle time left The saloon
Until Whyland was Bl,ot.
JAMES ". sTEwAnr.
au walter a. tie ut. Elmo. knew a1r, Why.
land, and hayo seen alr. DaysH In tho saloon. /
lieRtd the two hayo words In tho restaurant cue
evening. aIr: Davis waa eating hiA supper ono
eyoning about year hso. WllGn Wlyland came
IN and said, Good cvouing. Hank" Davir SAID
HoHothtng, and WhYlana soplIod, "What'a the
matter, liank?" Ahou Davis Hsih, ~ You hayc
beou talking nbont me-" Whylaud denied il, and
after talking so.no time wont buck into tho alloy.
IhinsinE there '3aa going 10 Lo trouble, went
dosn atairs back. and heard lulid c0ayarsallon
bctween them. ThoY stud tliora Tor au i,our,
but couldn't hear wt,at they sai distinctly, lie
told Davis, ''WAoeyer said 20 tails damned lie."
Cross- denomination WAy!nnd was good OIL the
tongue but no account on the mrsclo. tod
tl.a clcsk ia Tho house tho night 1t happened.
noyor told any ono nbont it. nasiB a,il Wbylanl
wero good friends afterwards. an mot certain
hboue Lilo time. but 1t was about ons year hso
A. tho conclusion OF the Testimony Of thiA