Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1881-12-29


Mabry's face wasn't hurt at the chicken
fight. About an hour and a-half afterwards
Mabry and Don came to the bar. Mabry's
face was bloody, scratched and bruised
when he came i'll. AIabry didn't call for
anything when he came in; Don called for
the drinks ; don't believe Mabry had used
an insulting word to Don until he went back
to the bar the second time; don't think the
man knocked down by Don said anything;
just went up and took hold of Don. Can't
say that heard Mabry at any time give Don
the he; didn't see Alabry pick up the dish;
don't know where he got It, Alabry gave
back ten or twelve feet in the
difficulty, TO the wall there
is where witness first saw the dIsh in Wills
hands; when Steele caught hold of Don by
one hand, Don had hold of viii with the
other; think Jim Ray came out and ran
against Steele, and Steele fell; don't think he
fell to the floor; witness started to help
Steele, and some fellow caught hold of Wit
ness; can't tell how Don and Viii got from
the corner to the door.
Re-examined-W Witness impression is that
both went out of the door together witness
was scuffiiRg around, and when he looked
around saw one blind down and both parties
out of the door; heard the shots very
soon, and both were in rapid succession, as
quick as a man could cock pistol. Had
known Mabry about two years; his char
aeter was that OF bold, violent, and dam
gerous young man, when drinking.
Re cross-exanlined-MaD was some
smaller and younger man than Don. Ma
bry was pretty stout, Don has for some
time been suffering with lung disease re-
gard Mabry as the strongest man of the
!AN, Dor
took medicine TOR his disease. Don pushed
liaory easily back into the corner.
josh Payne: Very we'll acquainted with
Mabry ana Lusby. Last tuesday a week
ago, near Fosters bar. DOM, Mabry asked
witness where Old Nose Lusby and Don
Were said he wanted to see Don, that Don
had gone back on him; the Old man had
fallen out with HIM and Don took sides
with him. oh him, l want to ind
HIM, l intend to ground iutter him. The
Witness WAS surprised to hear 1t, knowing
they were friends. Mabry was drinking.
Has known Alabry ali his life, his character
was that OF dangerous man, when
drinking.
John Payne: Acquainted with both
parties had a conversation with Mabry
about weeks ago; alone. .Mabry was
talking about Don sending him word
that lie was going to arrest him if
he (Will) came to certain place and cut up
any more. viii said Don would play HI
arresting him; that he Win) was going to
kill Don and the old man both. The wit
ness told INN not to talk that way to him;
that he was friendly to both. Two or three
days after, witness told Don to watch
Viii; that he intended to xiii him and the
old mar both. Don said he was good
friend to Viii, and thought VIII was friend
to him; didn't know there was anything
wrong, but he would watch him. The wit
ness had known Don and VIII for oven Is
years knew them to be as good friends as
anybody could be; knows W i'll to have been
a dangerous man when drinking.
Cross communicating Days house was
the place where Don said Mabry shouldn't
come and cut up any more Mag Day is a
lewd character. Don said he had stunned
Mabry as long as he was going to he would
have arrested anybody else, and he would
arrest Mabry. Don didn't get mad when
witness told him of Mabry's threats, just
said he was a good friend to AIabry and
thought Mabry good friend to MIN.
+ e-examined-Lusby Is constable of the
I'd district, and the Day house is about
100 yards from Lusby's house. Know that
Mabry was in the habit of going to
Mag Days house, when drunk, breaking
down the doors and running everybody
of
Tom Clay, colored Well acquainted
with both parties often seen them to-
gether; always thought them particularly
friendly; have known of Lusby loaning
Mabry money. Was at the chicken fight
Saturday; Don and Mabry were friendly
there.
Cross examined-Don't know whether
there was any betting on the chicken fight
or not; didn't see any money change
hands
W. C. Warnack..: Knew both Lusby and
Mabry. Just after dark Saturday
night met two men on horseback
on Crozier street, near Lilies mill !;
heard some one say, ''Will Mabry, I wouldn't
hurt OF harm you for anything" VIII re-
pied something, but couldn't hear it; recog-
: nized Viii Mabry, but didn't recognize who
it was talking.
w. T. Gibbs: Was acquainted with viii
Mabry; he was dangerous man when drink
,, ing, but quiet and peaceable when sober.
!, Sam. Ogle: Was at the bar the night of
the difficulty. Witness detailed the first of
the difficulty but didn't see all Of it; was
well acquainted with Mabry; always regarded
!, him dangerous mad when drinking; the
, boys were all afraid of him when drinking
John Wright: Been acquainted with Ma
:. bry better shaD two years. when drinking
:. he was dangerous man, if anybody both
, cred him.
oss-examined-Don't know that Mabry
! ever engaged in q row, unless somebod,
brought it up.
j. III. King, Esq, the presiding justice
. was sworn at the request of counsel for tn,
j,,yt ha ho oh
= acter of Azabry for violence sufficiently t.
= answer as to his general character on tina
+ point.
= C. W. Charlton, and r. T. DeArmont
:. were each sworn, but neither knew sufh
: GENTLY the character of Mabry, as to vic
+ lence, to testify.
= John Holmes testified that Mabry was
:, dangerous man, when drinking.
II. A. Walker, Esq: Regarded Mabry g
violent and dangerous man, when drink
ing.
Lewis Hudiburg: Knew Will Mabry
n when drinking he was very quarrelsom
q boy, but when sober very quiet boy.
IA Tuck Turner: Sometime last winter
J. Don and Mabry came in Bells stable in
e difficulty, when Col. Charlton was there
d Mabry remarked that it he had have &C
II out his knife he would have cut Don. Do
d asked him: "Willie, would you hav
:. cut me-" Mabry made some other remark
-e and started towards Don. Don said b
\ would as soon hurt his father as Mabry, BIT
N for him not to come at him Or he would HUI
X him, and took out his pistol. The witnes
" and others interferred and stopped it, an
e they made friends, going off together.
3. Gross examined.-Didn't know they ha
in had difficulty outside, and that Don follow
/. ed Mabry to the stable. Heard no threat
IS Ike Wright: Knew VIII Mabry to be
re very dangerous man when drinking.
o. DR.. j. G. Hudgings: Am physics
" and surgeon; was called to see Don Lush
re Saturday night; had been giving him med
ne Zeal attention for yea: or SO; he had ca
m ity in one lung the size of hen egg, fl
lie which witness was treating him. Saturds
SIS night found three cuts on Don's head. Oh
O. down to the covering of the bone and tro1
blesome, the others not SO bad. The wount
he were described, Lusby's nervous syste