Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1881-12-28


death.
VIM. II. Henry was called next, and testi-
fed that he lived on the corner of Depot and
Crozier streets; don't know either Mabry or
Lusby, and saw them for the first time
night. About six o'clock he saw
two men, with horses standing by, quarrel
ing near his home, Directly one got the
other down, and the one down was begging
to Don to let him up, wanting to know what
he was beating him for that he had done
nothing to him. The one called Don then
said: cd On you, I'll kill you you
shant talk about my kinfoihg Alter
the difficulty, Don said: "Will, come
on" and got on his horse, starting
to lead the other horse. 1t
was dark and the gas-post was GU or IS feet
Off, and witness couldn't tell whether they
were white or black. One of the horses
was dark and the other white. VIII said
Don had nearly killed him, and he had no
arms aud Don had a pistol. Don SAID 1t
was d-n lie, ne hadn't. They finally
both got on their horses and started on.
Couldn't tell at the time who either was, but
followed close behind them up to Alt.
Snodderly's bar, and saw Will and Don
inside, their horses-the same ones-belng
in the street He described the difficulty,
he standing and looking through the blinds.
Heard Viii accusing Don of beating hun
up, and q difficulty followed,
alter which Viii ran out and
Don followed him, shooting him twice.
When the first pistol was fired the parties
We're very close together so Don could ha' o
punched HIM with his pistol. Couldn't tell
Low far when tbs second was fired. sunday
morning witness found some spots OF blood
and other evidences at the spot where tie
difficulty occurred the night before.
Cross-examined. Didn't recognize the
by their looks, but by their voices, and by
the fact that they were called Don and
VIII, and VIII was using the same Ian
guage. The horses he took to be the same,
one dark and the other light grey or white
one.
Ionic Fisk testified to coming along Gay
street and seeing Don come out Of the bar.
Somebody said, Don't DON" but, he fired
and then as quick as he could cock his pistol
again. Didn't see Viii when the first shot
was fired.
John w. Cheathan; Knew both parties
only when he saw them. He was going up
town and his attention was called by q rum
pus in Snodderly's bar; looked in and saw
Mahry leaning against the counter, bleeding
in the face, and talking about son g.
body having hit him, and
if Lusby did it he did
him very wrong. Lusby denied it and they
passed the lie. Then they got into a fist
and skull fight. Mabry then ran out, squat
ted behind a tall drunk man, and Don fol-
lowed, asking, Where is he ?" then dis
covered MaDry, reached over the other
mans shoulder and fired. Mahry said,
Hes killed men and ran pretty swift
down the street Don said C d d-n
you, I sCiU Kill YOU" aud fired eg lin. Ma
Dry grunted and ran around the corner, and
witness found him dead where he had fallen
on Vine street.
Cross-examined-T Thinks Mabry was stand
ing just in the gutter when the first shot was
fred, but he took to the pavement and was
on it when the second shot was fired.
Dan. Kavanaugh was called uext. He is
acquainted with Lusby, but knew Mabry
only by sight was going up the street
Saturday night; heard the quarrelling and
thought there would be row at Snodderly's
bar; stopped to hear it. Don. and vii
were quarrelling; one said, you're a &C
d-n liar,n then another said, If you still
say did it you're Cd d-n theiving
| lying scoundrel," or something to that effect
| They got into fight, VIII came out don
| know at which door Don came out attel
him, saying; Which way did the CO
id s-n of 9 b-h CO." and stepped OF
the pavement; then drew his pistol ant
fired at Will, who was IS feet off, as wit
ness thought. VIII turned to 60 up Vim
street and groaned, and Don fired again.
Cross examined-Don was from five t
ten feet below the door of the bar, off tn
pavement, when the first shot was fired, an
Viii was out in the street, across the street
car track, about rs feet off. They wer
nearer together when the second shot wa
, fired, as he thought.
C. w. Charlton testified to difficult
which occurred between Don Lusby an
: Viii Mabry, about eighteen months ago
I commencing at Schubert's aud extendn
= to Bells stable. Witness passin
I by and saw VIII and Don in a difficult,
! took VIII by the arm and started to tax
8 him home Went to the stable, when DO
$ came in much excited, with his pistol, au
A viii was also excited, but fiourished L
i weapon. Witness took hold of Lusby al
a attempted TO queil the fuss, and Lu>by WI
# very violent, saying he would go for VII
q or something to that effect viii got o,
c, small knife, and 1t was evident there W,
@ great danger that somebody would be kille
q Witness finally Gained them both dow,
n and they made friends, and perhaps We
! off home together in Lusby's buggy. Witne
A cannot remember Lusby's language, b
recollects it as violent threat to kill Wi
The cross-examination elected no ado
u tional fact.
ie AFTERNOON SESSION.
t. Tom Prince, colored, was called as t
le first witness for the State in the afternoo
/ He had known Don Lusby for 10 or
= years Last Wednesday, in witness ba
:. Der shop, Lusby and witness were talkin
" Lusby said Christmas will soon be here
l. Witness said eyes therell be many Sc
" head after that day." Lusby So
er Eyes, Viii Mabry will be hurt or killed
Ill Said he (Lusby) was always frlend TO WI
in but came near killing him at Bells stall
one time when Colonel Charlton interfere
Il Don said Will would be drinking and 6
=, into a row.
Ill ss-examined -Lusby said he was
K ways friend to Will Mabry, but that
Of (Mabry) would have some money, would
IN drinking, and somebody would kill hi
OIL account of the way he would act; ST
" he Gusby) was always friend to VI
I'd Said he (Will had already commenced OF
I'd drunk. ''This will be Willis last Chri
he mas" Don said, and she will be killed,
~ SOMEBODY will him." Since witness
d. known Lusby and Mabry they have be
I'D very friendly and intimate. ~Don spo
al in a friendly manner and not threatenil
lie Accommodation commenced the ct
at versation about Will.
Robt Hickson Knows Don Iusby VII
70 he sees him; saw the difficulty betwe
III Iusby and Mabry Heard TrIsbv call Nal