Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1879-03-09
HOWELL VS.. WHEREBY.
The New Orleans shooting serape-
Coroner MarkeY Concludes His In
vestigatiOn-Findin OF the jury
Sell Howell Killed by a Shot
Fired by WImberIy.

Coroner Marley, on Wednesday evening
concluded bis investigation On the manner o!
the death of Sell Howell, who was shot and
instantly killed on Mardi- Gras evening, on
Common, near st. Charles street. The ex-
animation of witnesses was resumed, when
the following testimony was elected:
John Logan testified: | am the driver Of.
hack No Al. On the evening of February
-, about seven O'Clock, | was standing on
| the banquette on Common street in front of.
the show-wIndow OF Riess shoe-store. Three
men stopped, and one of them asked me
what would charge from that time to twelve
| o'clock. | told them what the price would
| be, and they were not satisfied While they
were arguing with me, two or probably three
men stepped up, and one of them caught one
of the three men who aecosted me by the
| shoulder, and Jerked him around with the
remark: Here's the man you insulted. ~" or.
Here's the man who insulted YOU" The
man who was tapped on the shoulder stepped
back. So did the other parties The first
| said, "Dont shoot" When | heard tins 7
went TO my horses head. By that time the
| shooting commenced. After some shots had
| been fired | returned to the banquette and
saw one of the men, who | think was VIM
| berry, coming from st. Charles street toward
the shoe, store, holding a pistol in both
hands. He said, I'm killed, and kept on
| advancing toward the shoe store When he
| got nearly to the door | saw Sell Howell shoot
at him from in front OF the door. | then
| jumped on my hack and drove round on st.
| Charles street. | saw no one fall at the feet
| OF or In front OF my horses at any time.
| don't know who fired first | cannot say how
many shots were fired. After the first shot
| the three men who were speaking to me sep
arated. O0e Of them went toward ST.
| Charles street; the other two ran toward
| Camp street. The one who went toward ST.
Charles street is the one heard was VIM
| berry.
Joseph Riess, the proprietor OF the shoe
| store No. 136 Common street, testified: |
was waiting on a customer when | heard
| several shots fired on the banquette in front
of my door and saw the flashes through nv
| show window. A moment after Sell Howell
| stepped into the door of my store with a MIS-
tol in his hand. He stopped at the door and
fired one or two shots out of the door, Two
or three men then rushed in through the
door where Sell Howell was standing, and
came around behind the counter, one ap-
parently after the other. | then heard
another shot fired, and afterward saw the
body of Sell Howell lying dead on the floor.
l saw no one fall IN my store, because | put
my head under the counter. | found no
marks of bullets in my store after the affray
Ed Howell was next brought in, but acting
under instructions from his attorney, Mr.
Luzenburg, he declined to answer any ques-
tons make any statement whatever in
connection with the death of his brother
NJ. A. Green testified: / was in Wlttum's
saloon in company with c. Madden and
Scully. | heard some shots fred on the
street, and went to see what it was. I saw a
man standing IN the shoe store shooting at a
nun on the banquette. The man on the
banquette appeared to be In the act of draw
ing weapon. When he got it out | saw
him fire one shot INTO the shoe store. He
then came toward the saloon where l was
then went inside. Shortly afterward a
man came into the saloon with pistol IN his
hand. | can t say whether or not 1t was the
same man who fired into the shoe store.
Although there were several more wit
nesses remaining to be heard, the Jury con-
cluded that there was enough before them to
warrant them in finding that the said Sell
Howell came to his death from the effects of
a gun-shot wound inflicted on Mard;-Gras
evening, on Common street, with a pistol In
the hands of A. 7. Kimberley, now IN GUS
tody. The bullet entered below the tubercle
ct the right numerous, passing lnwardlY
through the muscles of the chest, fraCturing
the first rib, penetrating the anterior supe-
rlor lobe of the right lung, the left lobe of
the left lung, causing profuse hemOrrhage
and death.
wIMBELY OUT OF DANGER.
Yesterday the hospital authorities gave the
necessary certificate that A. 7. Wimberly
was out of danger, on which the friends OF
Ed Howell made application that he be ad-
mitIed to bail. Judge Sheehan thereupon
fixed the bonds at three thousand dollars,
Howell is charged with the shooting and
wounding of WimbeTly with intent to kill,
but 1t is more than probable that on his ar
raigDment, if the same evidence be adduced
before the recorder as was given before
Coroner Mackey on the inquest on the oody
of Sell Howell, Ed Howell will be discharged,
as it was shown that Sell Howell shot VIM
berly from the shoe store, and that VIM
berly retaliated by killing him.
Life Insurance Troubles In New York.
New York special to the Cincinnati En-
quirer: Life insurance men are In a terrible
state of mind over the occurrences of the past
few days. The action of Receiver Pierson in
getting out orders OF arrest against the trus-
tees of the Widows and Orphans was a
bombsheil In the life insurance camp; and
now the trustees of other companies, appar-
emily good and solid, are beginning to feel
and look very sick. The attention of the pub
lie, you see, is being directed toward these
companies, and heaven only knows what it
will discover before 1t is averted. Mr.. Fred
erlck A: Freeman has not yet resigned his
trusteeship in the Globe mutual, although
the attorney general is hourly expected to
make demand upon him to do So The
annual statement of the company will soon
be published. The secretary stated to-day
that the surplus of the Globe would be In the
neighborhood of two hundred thousad dol
lars. The statement of the condition of the
Globe mutual life Insurance company was
sent to Albany yesterday. Considerable ex-
citement was caused in insurance circles this
morning by report that the United States
life insurance company had failed to make
report to the legislature, called for by reso-
luton passed on the eighteenth of February.
The resolution referred to intimated that
frauds had been practiced on policy holders
q the matter of surrender of policies. The
as originally passed, called for a
report of the business of the company since
1873. This was amended on Friday last 90
make it reach tack to 1868, thus COVERING,
a space of ten years. The counsel Of the
company said to day: This report embraces
over three hundred thousand items taken
from the books of the company, and REQUIRED
for its production the constant labor of the
actuary and corps cf clerks from the date
Of the resolution up to Thursday evening.
when it was sent by a special messenger to
Albany but, owing to the detention of the
train, 1t did not reach the legislature until
after its adjournment on Friday, and until
after an amendment had been passed order
ing the report to cover period of five years
prior to the time originally fixed upon. This
necessitated the bringing back the report
10 have 1t amended. 1t will now be eX-
tended and made to include the time speci-
led, and forwarded as soon as possible Re
attributed the singing sut OF the ULIted
States life for such an investigation as the
work OF malice, or desire to get uIoney. In
addition to all this, dispatch from Albany
announces that Governor Robinson has re-
luested the legislature to remove Superln-
Smythe for malfeas-
lnce, corruption, dishonesty, fraud, and other
;auses. The complaint was made against
lim by pohcy-holder OF the Atlantic mu-
.ual, who alleged that Smythe mad repre-
sented that company to be In unsound
condition, and had 1t placed IN the hands OF
receiver, whereas it was perfectly solvent
It is limited that Smythe made quite a snIo
um by this little Job. A dispatch from Al
,any says; a special message was received
n the senate this morning from the povernor
the removal oi John F.
;mythe, superintendent OF insurance. Accom-
lanying the message are the charges of
on the part of the superintend-
mt made by Mr.. Lemon Thomson, of Alba
~. Specification first alleges that Superin-
endent Smythe caused the affairs OF the At
ante mutual life insurance company, of
Albany, to DO investigated, the compa-
" at the time being solvent, and
lad improper and erroneous state
nents made as to its assets and &C
cunts, and also published that it was insol-