Savannah morning news. [volume] (Savannah) 1868-1887, 1881-08-04

The COrODer's Inquest - Inquiry
Into the killing of James H. Me-
CathrIne-TheT estimOny-A Regu-
lar Trial-The ResuIt-verdict of
Self.Defense.

In accordance with announcement, the
inquest In the case Of James q. McCathrinei
who died on Tuesday afternoon from the
effects of a wound inflicted in a difficulty on
Sunday evening, near a saloon on Brough
ton street, with one A. N. Talbird, wa:
opened yesterday morning at 10 O'Clock In
the Superior Court room. Mr. w. W. Mackall
Jr., Solicitor General DYO te1n., appeared
for the State, and Mr.. s. B. Adams, of A. P
& s. B. Adams, appeared as counsel fol
| MIR Talbird. The Solicitor General desired
| to know why Mr.. Adams was present, and
whom be represented, and was informed thai
/ he represented the defendant. Mr.. Mackal
| contended there was no defendant In this
case, that no one had been accused, ard
| protested against a regular trial being en-
| tered into where no accusation was made. he
took the ground that a Coroner's inquest
was for the purpose OF asceTtalning no"
and in what manner the deceased had come
to his death, and that he did not know Mr..
| Talbird in the matter. He had not been
/ accused OF any crime, and could not bt
/ until the inquest was concluded, and the
< Jury had on the evidence elected, rendered
a verdict. That the Coroner's duty wai
similar to that Of the grand jury, and thai
the Code did notsprovide for any such pro
ceeding as that about to be entered upon
| and he protested against 1t.
| The Coroner stated that It had been his
custom to permit the alleged accused party
| to be represented by counsel at the inquests
and he would therefore override these OBJ
| jections and order the investigation pro
ceeded with.
The taking of testimony was then com
/ menced.
DIR. Geo. h Stone testified that on Sunday
/ July 31st about 6 p. m, he was called to the
/ southeast corner of East Broad and Broughtor
| streets to see Mr. James II. McCathrine, whom
| he found suffering from gunshot wound OF
/ the right side, the b Ill entering the abdominal
/ cavity just below the tenth rib; he had the
/ wounded man removed to his residence, and
attended him until he died, 5:l9 p. m August
I'd; in his opinion deceased died from the eff
fects of said wound.
On cross-examination Dr. Stone stated that
| McCathrine had been a patient of his; did not
| know that he was a drink ng man; be had an
excellent constitution; may have been drink
| ing tbs day he was shot; should say he had
gave him large drink Of brandy before he
| was moved; he was in collapse then.
Dr. J. 7. Mcfarland testified: Twas called on
Sunday afternoon to see parties at the police
| barracks who had been shot; saw party in
| the police station house said to be named Tai
bird who had several bruises on scalp and one
wound on forehead; drew the latter wound
| together; the wounds were trivial, requiring
i little or no after treatment; have not seen the
man since; believe the wounds were made
with stick or some such instrument. l als1
/ saw the party said TO be named McCathrine; he
was in a wagon, which was in the barracks;
examined his person and saw what l thought
was gunshot wound in the right side; l con
| sidered the wound fatal, and suggested to Lieu
tenant Howard, of the city police, to send the
man to his home Immediately.
| CroSs-examined, Dr. Mcfarland stated that
the wound on Talbird's forehead was just
| inside of the hair; the blow may have been
/ from the side; the bruises were apparently
made with a stick; don't think the wound in
forehead was from a shot; there were three
/ noticeable wounds; a pistol ball may have
made such a wound it is possible, but don't
| think it was a pistol ball.
Mrs. Mary Kelly was put on the stand and
sworn, but knew nothing of the case, aud
| only saw McCathrine after he was placed In
the wagon. Heard the three shots.
| Peter johnson being sworn, testified: Last
/ Sunday evening, between and O'Clock, was
sitting in rear portion of my store, when
| heard some one knock at The back gate;
| opened the gate and found Mr. Talbird there
l said, '.All right, come in and close the gate;
/ he started to do So when | saw three more
/ men outside; one man l recognized as Mr.. Nc
/ Cathrine; the other two l recognize now as
/ Mr. Yonge and Mr.. Dawson; L told them
| Gentlemen, you can't come in" Mr. McCath
/ rine said, On you will come in: have as
much right here as Mr.. Talbird;'' Mr.. McCath
i rine and Mr. Dawson took hold of the gate ano
| forced it open about four feet; then
ran to the rear to close and lock my
| door; as was doing so, saw Mr.. McCathrine
/ striking Mr. Talbird three times over his head
| and arms with stick; l also heard the words,
| DIN you'll have got you where want you, ano
| recognized the voice as that of Mr.. McC9thrine
then heard a shot fired, the ball striking the
gate; Mr.. Talbird then drew his pistol anC
went outside the gate; did not see any more
of the shooting, as my wife held the gate and
| looked at it.
| Cross-examised: I heard a pistol fire before
Talbird went out the gate, aud before Talbirc
] 4 HnV1fF In fire. Ia hot ha
| fore Talbird went out; l saw the sh >trike
| the gate; the gate was open about tao feet
| my wife was holding his arm wen the
| GrSt shot was fired; my rear door is ABOUT fiji
| teen feet from the gate: Mr.. Talbird was try
| ing to close the gate, and they were trying tC
| open il; Mr.. Talbird din not interfere with the
| gate; l never saw Mr.. McCathrine until las
| Sunday.
Re-cross: Last Sunday morning, between II
! and II, me and Mr.. Talbird were sitting in my
| grocery department.; there were also two Oh
| Cathrine came in through the door from thu
barber shop; Mr.. Pryor invited MIR. Talbird K
take drink; MIR. Talbird said mo. thanks,
do not wish any, then Mr.. McCathrine
is that Tal0ird would not drink
on account of his being there; Mr. McCathrin'
said, Il do not care-he is nothing but ID
| puppy anyhow" Talbird got up and went e
! the door; then there were some words passed
| between them: / heard McCathrine say, You
| are nothing but a ID s-n of a b-h:" before
| these words, I'D s-n of b-h," Talbird
| said, Il do not wish to have anything TO dc
| with you. Mr. McCathrine;'' did not hear Mr.
| Talbird curse or abuse Mr.. McCathrine in any
| way; saw Taltird take hold of McCathrinC
| when he was called id s-n Of b-h, anC
a scuffie ensued. when Talbird got him down
| McCathrine said, Let me up;" did nc
see Talbird hit him while down
when Mr.. McCathrine came up he had knife
| in his right hanj; after the scuffie, when Mr
McCathTine got up he said to Mr. Taibird
| Choose your Sweapons; you will pay dearly
| for this; Mr.. Talbird said, Il need no more
than these two lunches oil bones; he said again
choose your weapons. and then went out
| did not see McCathrine make an effort to cut
| Talbird; suppose Talbird came back in the
| afternoon for a collar and cravat; tried tc
| keep McCathrine and friends out on account OF
| the threat in the morning; Talbird while try
ing to pull the gate to was struck with the stick
which staggered him to his knees; am entirely
| certain that shot was fired outside where
| McCathrine and friends were before Talbird
| drew his; the gate was partly open and Tai
| bird was exposed to NJ cCathrine'S fire; Talbird
was outside when he fired; one shot was fired
! before Talbrd drew bis pistol; Talbird was
standing when he pulled from my wife and
| drew his pistol McCathrine struck Talbird
| three times before the first shot, and there was
| a shot from where MeCathTine was before Tai
| bird drew his pistol; do rot know what became
| of McCathrine's pistol; did not hear McCath-
rine say arm yourself-will see you this D. m.
| or in the morning
| William Yonge, being sworn, testified: It was
| between four and five O'clock; McCathrine his
| son, Hardy Dawson and myself went to place
| corner BroughtOn and East Broad; McCathrine
was trying to open the gate when Talbird came
/ up; Talbird either opened the gate or it was
| opened from the inside for him; Talbird asked
/ me il | wanted to come in; / said / was COM
/ ing in; 1 went in; he then asked Hardy John
son or some one outside if he wanted to come
/ in; whether the party came in or not cannot
1 tell, but McCathrine came up about that time;
/ Talbird caught him (McCathrine) and said,
1 You can't come in" as he did, McCathrine
raised stick and struck him Cralbird) over the
head; stepped out of the gateway, and Tai
/ bird stepped in; he was struck with the stick
| on the head, and McCathrine ran back under
| the stoop on the west side from the gate; Tai
| bird as McCathrine rushed past me, shot at
him; as McCathrine was falling. he attempted
TO shoot a second time, when some one struck
/ his hand and the bullet struck the pavement;
/ McCathrine raised up on his knees and said,
Billy, I'm dead man, and then shot at Tai
bird; Talbird fell when he was shot at, and
| suppose he was shot in the head.
! Cross-examined: There were three shots;
| McCathrine shot only once: l am positive; that
| is the shot suppose that hit Talbird; it was
/ fired after Tabird shot twice; / was taking a
walk when McCathrine overhauled me; did
not know they had any fuss before that; did
not hear Talbird's name mentioned in McCath-
/ rine's presence; don't know whether johnson
keeps drinking place or not; was not drink
/ ing to any extent; did not hear any one tell
McCathrine he could not come in; | saw the
/ first shot fired. Talbird came out of the gate
/ cooking his pistol: I've known McCathrine
/ thirty years. but was not intimately acquaint-
/ ed with him; McCathrine was somewhat under
| the influence of liquor.
Hardee Dawson being sworn, testified: On
| Sunday was working at the Gulf Road up to
| twelve O'Clock; about one. or half past one,
went round 70 Mr. Wheeler's house; that is the
| third fourth door from Mr.. McCathrine's
| Mr. Wheeler, heard, was boarding at Mr.. Nc
| Cathrine's: went there to see him on some
| business; from there l went home to my din
ner; Mr. Wheeler told Inc to come back about