The interior journal. [volume] (Stanford, Ky.) 1872-1881, 1878-04-26

Col Napier was Killed HOLMES came 10 my house
between I and O'Clock fr bottle of whisky Have
frequently sold him whisky and iood white he was
a fugitive, and am not the only one who ala. New
~ concealed him.
Geo. Holmes An q cousin 81 prisoner. Morn
ing ~ day Napier was killed sam was at my house,
al sA No., and ats p. ~, after the killing. That
night he was very drunk when he came 10 my
house. Feel much interest In case. Went 70 Eu-
eoncc SO Sam thint ne IL about ~ years
Of age.
John Holmes. Am brother Of dert In septem-
her, 1869, Sam vas In his 18th year. lie len home
on day Of killing about " O'Clock. Thint Sam va.
horn in 1885, don't know what month.
Gaines Paxton, ool'di Lived here, on lot adioin-
ing the church yard whore Col. Napier was killed
The evening Napier was killed I was Inf alley aud
heard dlspu ting In church lot. saw three men
and horse. Heard some ono say "fm going to take
you 10 jail" Some one responded, n am not GO
Ing TO iail-T win give bond or pay hne." Marshal
Davidson said, "Iet the boy 60 he'll pay the hne.
"No," said Napier, 1.-THE damn little rascal has 10
% 10 JAIL" Holmes tried 10 get on horse but was
pnlled %, and then pistol fired, and the man
ell Davidson cried, Murder" and wheeled aud
run and vas shot Have seen none Of the parties
since, except that HOLMES was pointed out 10 me
yesterday. lefi staniordin vcSyears ago. Did not
run OF because Of indictment against me. Have
not mentioned the matter until last sunday, ex-
oept on night II occurred Tin Engleman came 10
Louisville and told me 10 come up ~ witness.
wss Wy myself night Of killing iIolmcs started to
get on horse. Col. n. pulled him back three times
then Holmes shot him. and then shot Davidson
running. This was anccn or twenty fcet from
church.
Harrison Baughman, coid Was living here In
1859, since then have been West IN Regular Army
Returned 10 Louisville two weeks ago. Mr.. FIN
Hnglcman came down aud askel:mc 10 come up and
h. witness In this case told him what knew
ahoni IT, The night Col. n. was killed witnessed
the AFFAIR. col n. said. "stop there, sir IN take
you 10 Jail" Holmes begged TO he let CO. When
shooting took place ran, and never told any one
about ", until Mr.. e. asked about u In louis
Vile. Removed from here months amer shooting.
Mr.. Eugeman paid my way up. Was street
when heard talking. and went down 10 see what
was the matter Was la Is iect OF them when
shooting occurred. They did not talk long Horse
was hitchei 10 fence. Mr.. Holmes made no attempt
to get ON horse Mr.. Holmes said. 81 win come
hack to-morrow and pay my fine" Col Napier
said, "rll take you now" Holmes did not Try 10
get ON horse.
Tim Pennington. Am cousin Of defendant. while
Davidson was confined 10 his bed by wound he
told me that he "didnot believe that the hoy would
have shot him had Napier not come up in the man
ner be did. Amer he shotCol Napier he saw me with
a rock and shot me" ! felt no par ticulsr interest
In the case, but IL is natural that a man should
help his Kin. Have since talked with Davidson
about his statement when sick.
Col. T. r. Hill, lof counsel for dcicnscl Went
With Col. Napier TO Crab Orchard on moring Of the
killing Returned late In evening. Did not meet
dert on road. Never told any one that met
HOLMES.
Defense here CLOSED In chief
EVIDENCE ~ REnUrAL BY COMMONWEALTH
J. n. shanks. Have known =. NJ. Davidson 20 or
20 years His reputation for truth aad veraoity Is
above suspicion. He Is a man Of fair intellect when
not excited, and his memory, think. Of average
reliability.
Thos. Richards and q. a. Lackey corrolorated
this statement.
Prosecution and defense here closed In fuli
PLAISTiFT's INSTRUCTIONS.
The Court insiructs the jury that II they believe
from the evidence, beyond reasonable doubt, that
dsrt, sam1 Holmes, bciore the finding Of this in
and in Lincoln county, unlawfhlly shot
aud killed Thos. W. Napier, with malice aiore-
thought, when such shooting and killing was un-
necessary, and he had no reasonable ground to be-
lieve il TO he necessary protect himselffom great
bodily harm then Asout to be inflicted at the hands
Of deeeased, they should 6nd him guilty Of murder
By the term aforethought is meant a pre-deter-
nination To kill-however suddenly or recently
formed ir the mind before killing. Malice is eth
er express or implied. Express malice is indi-
catfd by living In wait or anteceient threats; and