Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1881-12-30

it did kill, aud for the moment it was pre-
meditated, and that after the deceased had
exclaimed, according to witness, I'm killed"
He did form the design there and then, and
saw, with an oath, II will kill YOU" and
with cool deliberation fred the unerring
and fatal shot. Having all these heart
rending and cruel details and circumstances
in mind he would have the court say
whether they extenuate the crime from
murder to manslaughter or homicide. In
closing, as i'll the beginning, he said he
would take no advantage of the defendant,
and what is said, is said only professionally.
Adjourned till 1:30 o'clock
AFTERNOON SESSION.
Mr.. Jas. n. Ray opened the argument for
the defense, saying that he comes into the
case without any personal feeling, one way
or the other, having been always particu
lar friend to both parties. The thing to be
determined is whether it was homicide or
whether it is murder and whether it is a
beilable case or not. The ground taken and
insisted upon by him was that the killing of
Will Mabry by Don Lusby was neither MUIR
der in the first or second degree, man
slaughter, voluntary or involuntary
but justifable homicide, and Will Mabry
came to his death by his own rash act.
There is no question that the killing was
done by pistol shot in the hands of Lusby.
He referred to remark by the counsel i'll
his opening speech to the effect that the life
Of Mabry was cruelty and inhumanly taken.
| That he denied and insisted it was not the
! fact. He laid down as q well known princi-
| pie of law that man may repel force by
force, and pursue bis assailant
! to the extent of the safety
| of his person He then began and followed
up the facts as detailed by the witnesses,
! stating in the outset, that no two witnesses
| for the State had corroborated each other in
| the relation of the details of the killing. He
argued that the lie was first given by Ma
| bry, and it was only after Lusby was in
formed that biabry was intending to kill
! him, and not until terrible wound was in
! ficted that came very nearly taking the life
of Lusby, that he resorted to the use of deadly
weapons. He denied that Lusby brought
on Or attempted to bring on the difficulty,
but that lie tried to avoid it, and tried to
make friends He argued that the idea of a
| fight ct the corner Of Depot and Croz er
! streets Is absurd and ridiculous; is untrue;
! is d lie. No such occurrence ever took place,
aud the evidence fully sustains him in the as
{ sertiop, he said. He claimed that it is ridicu-
lous to argue that the witness, Mr. Henry,
could identify the parties who he claimed
We're fighting on Depot and Crozier
! streets, when lie never knew either one
| before He denied emphaticaly that
| Lusby entertained any secret malice against
! Mabry. The weight of all the evidence, he
said, is that the parties were not only al
| ways particular friends, but chums. He as
sumed the position that immediately after
| having the information that Mabry intended
to kill him, Lusby would have been justi-
fed in shooting him down on first sight :;
also that Lusby had received blow which
he believed would kill him before ne pur-
sued and fired the fatal shots in quick sue
cession, and he stated when he came back as
much. Only one Witness he said, had sta
ted anything about Mabry saying that
he was killed, and Don saying ON you,
I will kill YOU" but or 3 witnesses testi-
fed that not word was passed at the time
He further rehearsed evidence in the case,
calling attention to discrepancies between
the witnesses for the STATE. 4 matter of
fact that cannot be disputed, he said, is that
hIabry was the aggressor. He insists there
is nothing in the case, and no jury would
ever find the defendant guilty of any crime
1t seems that all that could be required
by the State is small bond to procure
the defendants appearance at court.
He don't want anything but justice and
law public sentiment and public indigna-
ton would have nothing to do with it. No
plea OF mercy is made, but all that is asked
! for is the cold blooded principles of the law,
and by it's application, nothing can be made
: of it but juStiflable homicide, and he asked
the discharge of the defendant, when the
, argument is concluded.
Mr. Horace Foster, followed in an argu
= ment for the defense He was good FRIEND
!, to both parties, and what is said is not from
! personal feeling, but from professional duty
= He briefly recounted some of the evidence
a in the case, insisting that the killing was en-
9 tirely justifable and not murder.
Adjourned till eight o'clock this morning
, The concluding speeches will be made b.
. Mr.. S. G. Heiskell for the defense, AM
? Capt. w. L. Ledgerwood for the State.