Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1881-12-28
THE LUsBY-MABRY KILLING.
Preliminary Investigation of the Case
before Justice King.
Several state Witnesses Heard but Their
Evidence not Concluded.


for the shooting and killing OF viii. @.
Mabry Saturday night, Christmas eve,
being postponed until o'clock yesterday
morning, before Justice King, again drew
an immense throng of people to the court
house.
The attorneys for either side, Messrs. W.
/. Ledgerwood and j. W. Caldwell for the
State, and Messrs. J. N. Ray and S. G.
Heiskell for the defense, announced them
selves ready, and lengthy list Of witnesses
was called for either side.
The reading of the warrant was waived, a
plea of not guilty entered by the prisoner
through his counsel, and DR.. S. B. Boyd
was put on the stand as the first witness.
Dr.. Boyd stated that he examined
VIII Mabry as he lay on the
pavement on Vine street, near Gay,
between 6b and 7 o'clock Saturday night
and he was dead He located two wounds,
one on the right side of the neck, u or two
inches below and back of the ear, extending
around itlst under the skin till it struck the
spinal column. then glanced down about
half inch, about Il inches from the en-
trance He thinks the WI nd could not
have been deadly. The eek was powder
burned. He also four 1 wound in the
back, to the left Of the spinal column, s.
or four inches, between the seventh and
eighth ribs touching the seventh RIB on the
lower edge. He introduced a probe into
the wound, which entered oblquely, and
the wound entered the cavity. He
would consider this mortal
wound from what he could see from an out
ward examination; made no post morter.
He knows the bullet entered the left lung,
and it probably cut large blood vessel.
The ball in the neck was removed, being
found just under the skin.
! Cross examined.-Did not make thor
oUgh examination of the wound in the neck
so as to determine certainly whether it would
have proven fatal. He probed for
but did not locate the wound in the
back The powder marks were found
on the right side of the face, ex-
tending from the corner of the mouth
back to the wound. The spinal column
was not fractured by the ball entering the
neck. Witness is not satisfied as to whether
the first shot was fatal If the ball had
have struck the spinal column with enough
force to fracture it, it would have produced
instantaneous death, or paralysis causing
the man to fall. Witness gave it as his
professional opinion that the shot in the
back produced death.
Counsel for the State asked if it were
possible for NTabry TO have been shot face
to face by the shot in the neck.
Objected to by counsel for the defense,
on the ground that there could not be E
professional opinion, and objection sus
tanned
Ed. Day was called as the frst witness al
to facts for the State
He testified that he knew both Lusby anG
: Mabry, and was present at the difficulty
which took place Saturday evening in Snod
7 derly's bar room. He was standing in I'll,
bar, and Will Mabry came in, walked int
the back room and talked to witness. Whel
! Don came in, Will said he believed Don hat
l been fighting him. Don gave viii the lie
Don't know whether VIII repeated it or not
Don asked him to take a drink, and VIII re
fused to drink Don aske
him if he was above drinkin
: with him; don't know wht ther Will said b
/. was or not. Don then pulled off his Goa
= and they commenced to scuffle, don't kno
Y which struck the first lick. Will struc
e Don with dish OF glass, which he too
e from the counter. viii then ran out an
Don followed him. Bob Steele spoil
something about stopping the difficult
Don said to him it was not his bushes
y Witness was III the door when Don We
id out following Willard witness stepped do"
. beside the door, Mabry was 5 or fe
ahead. Will was hiding behind some pc
"a son, and Don sail Where's he at, the d
a thief" Nobody said anything. d.
reached over the head of whoever Win W
behind and fired. VIII clapped his han
TO his neck and ran across the street, a
Don fired again. Will then ran around a
ST, turne 1t he corner. VIII was over % feet &
F. perhaps not so away, when the second 81
be was fired Heard Will groan when t
-. second shot was fired. viii was runni
" angling across the street when
y was shot Witness was the first
he reach VIII; searched him and found
in weapons of any kind. VIII was def
:. VIII had some scratches on the face, a
was bloody
Cross examined don't know which
the two came into the bar first, Will cal
into the back room where witness was fir
" Don't know whether Will went out at
'9 front or side door. Witness took no int
III est or part in the difficulty. Witness did
~ say, while it was going on, "Stand ba
and let me have crack at Don" Did
attempt to give viii knife. Immediat
before the difficulty heard Don say, "N
lie, l would as soon strike
a. father as you, for your fail
r has been the same as father to me-" v
- still accused Don of having struck him
- the dark and Don still denied if.
- DIR. NJ NJ Alexander was next examir
as an expert, and testified to finding Y
Mabry on Vine street, and making an
-, animation, in company with DR.. Boyd,
- his wounds. He said he found c contus
or bruise over the left eye, which mi
have been done with the fist or any b
substance. He testified to the location 6
~ condition of the two wounds IN
20 neck and back, his TESTING
being almost identical with that of DR.. Bo
He would say undoubtedly that the wor
in the back caused the death, and inter
ne, hemorrhage was the immediate cause.
IL dId not CONSIDER the wound IN the neck
all fatal.
Cross-examined. - The ball may b
struck the heart didn't make post mort
nd examination, but it was his opinion it str
'on some large artery and he bled until he
Hths ball entering the neck had have stric