The daily gazette., 1879-05-05
FIFTH EDITION.
Captain Cox's story.


HE CALLS ASTON HIS BOSOM FRIEND
AND SAYS HE KILLED HIM IN SELF
DEFENSE. ~ rf aa 0yfN sW
ATLANTA, Ga. May 3.-In the Cox
case to-day the impeachment of the wit
ness Sans was the principal episode.
Sans week ago married a niece of Al
ston's widow, and the State sought to
show that Aston and his wife opposed
the marriage and that Sans was moved
by enmity in testifying as he did.
Charles Howard testified to the nego-
tiations for the purchase of the Gordon
lease. That sale was regular and no
wrong was done to Cox or Walters !;
also to Murphy and himself being in the
dark closet; that 1t was consultations
room and he took Murphy in there to
borrow $4,000 for lease interest heard
the shooting and came out. Murphy
confirmed Howard's account of the trans
action in the dark roOm.s Gordon was
not put upon the witness stand at all.
Cox made a long statement. He sat
down in a chair and spoke fiuently and
deliberately, giving his early history, eiu
cation, record in the war as a soldier and
subsequent life as farmer. He andAlston
were bosom friends. In 1876 Senator
Gordon was embarrassed and interested
defendant in convict lease, he to have
half of the profits. He took in Alston as
a silent partner, he to give Aston half of
all he made out of any business and
Alston to divide all that he (Alston)
made out Of his Office as Assistant Keep
er of the Penitentiary, law practice or
otherwise. -
The first year his profits were 5000 and
he gave Aston halt. Aston went to
Washington and collected claim. He
also got a $4,000 fee. Alston refused q
division and said he wanted no more to
do with the convict business. They re-
mained friends, however. When the
Gordon interest was placed, iu Atoms
hands the defendant wanted to sell also.
He asked 5000 for his interest. Wal
tiers refused to buy at that price. As an
indncemeAt to the defendant; to sell to
Walters for $500. ..'... .'.s,
Aston agreed to release the defendant
from the payment of the years rent for
ty-four bales of cotton. At the barber
shop Aston told the defendant: "You'
have made good thing out of this, and
said the 5000 agreed upon for making
the sale was not enough for him be ha1
saved Cox the cotton and Cox ought to
give him half, or twenty-five bales; de-
fen.lant replied that all his property v as
under mortgage and this would take the
bread from his wife and children. Ais
ton threatened to stop the trade defen-
dant threatened to expose the, convict
business, oil the parties to 1t and Alston's
actions about it in the Legislature. Al
ston said he would kill defendant if he
did and called him Q liar. Defendant
threatened to knock him down. Aston
told defendant to arm himself and fight
it out. He did arm and return at the
time fixed. He then went 10 the Cspi oil
TO make Aston agree TO settle finally
and not for the purpose of fighting. sli
Alston met him and they had the talk
testified to, except that Aston proposed
to fight defendant, and said he would
board the next train with him. Alston
said, s.Do you want to shoot it out ?" He
replied any way that suited him. Alston
said, "Do you want shoot now ?" and
rose. Defendant was at the door with a
view of leaving. Alston drew his pistol
aud Cox drew his. Aston fired twice
and struck him in the mouth. s
The shot knocked him to the floor.
Aston also shot him in the hand. He
was dazed by the shock, his head buzzed
and he could not hear the shots. As
soon as he could do so he rose ane fired
at Alston through the smoke. He saw
Aston sink down and then sat down
himself. He shot Alston in self defense.
He was his best friend and did not want
to kill him. ~.
The case was then adjourned until
Monday, when argument will begin.