Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1881-12-31

c. Mabry, Christmas Eve, on a charge of
murder, was concluded yesterday before
Justice J, IL. King, at the courthouse, and
resulted in The prisoner being committed
without bail
1Ir. S. c. HeiskeiI closed the case for the
defense. He said, when man gets killed
there is prinple in human nature--a false
and inconsistent principle-to say nothing
about him except good, but on the other
hand everything that is bad is said about
the defendant. This is what is called pub
lie opinion, and it has no weight in making
up verdict IL court of justice. He ar
gued that public opinion is erratic and unre-
liable and not to be listened 10, and be
applied the principle to the case Of Don
LuSoy, who is on trial for the killing oi
VIII Mabry, last Saturday night. He took up
the testimony, beginning with where the
defendant and deceased we're said TO have
been seen at the corner Of Depot and Gro
zier streets. Mabry, be said, was labOring
under the false apprehension that Lusby
had injured him, or done him Il wong, and,
from the evidence, he, himself had q doubt
whether he had been stricken by Ln5by be
fore reaching the bar, and i Was then, lie
argued, that Aabry made up his mind that
it Tas a good opportunity to exhibit the
QUaEIalsuue characteristic IN his (AIabry' >
nature. 1t IS well settled
principle III Law that 40 word
vail justify blow, aud lie
don't care vino passed the lie, it makes no
difference. AIaDry gave the first blow,
which commenced the unfortunate difficulty.
Mabry blow with MS left hand was q chdl-
isnge to fist fight, he said, and the defen-
d3nt went into it with both fists, and made
no effort 10 draw n weapon until Mabry had
administered terrible blow with weapon
the dish in his hand, and scO0t3d out OF
the door. Mabry was then the assaulter IN
both instances, lie said. [ to the time Of the
blow rs the dish, the defendant had
committed no oGense against the law, bat
had only used the right given him 10y law,
a,, s not until blow had been intlct-
he defendant, which he rightly
mortal one, that he resorted to
III a sudden pTovocatiou and heat
If the defendant had reason
] to think his life in danger he
lstifed in killing his adversary,
q hair Of his (defeDdants) head
s hurt, and not only that, but
allowed to resort to weapons
10 protect himself from great bod. y
Kill his adversary. He quoted authority 10
establish the point, and the apprehension
may even be unreal He then argued that
in this instance there was certainly serious
apprehension on the part of the defendant,
not only of great bodily harm, but real
danger of his life. He insists that the shoot
ing was continuous, without any intermission,
and if the first shot was justitable, the
second was also, and no reasonable man
could but believe that the defendant was just
fable in the first shot. He read authority to
prove that the defendant, after receiving the
great bodily harm, can pursue his adversary
sufficiently to satisfy himself that he was
out OF all danger and if death ensued ii
was iustifable. The State, he said, would
make the rock of their defense IN the case,
the fact that Mabry was unarmed. To
/ offset this, however, Lusby well knew the
! bold and dangerous character of Mabry,
and had been informed that Mabry was try
ing to arm himself to Kill him, and he de
! fendaut) was suffering from the
/ terrible effects of "a feloniou5 assault,
The effect produced was not onlJ
CREST bodily harm, but in the
opinion of the defendant at the time he had
received the death blow. lie argued that il
the dish in Aiabry'S hand had have been 8
little heavier, or q rock, or some substance
that would have kept together when tht
blows were inflicted, to-day We would hayt
Don Lusby in his grave, and VIII Mabry OF
trial for murder. He argued that Mabry'
retreat from The door was not a retreat mon
danger, but retreat for an advantage, an(
for the renewal Of the conflict, and the proc
shows, be said, that Alabry had stoppe,
/ and was facing Lusby when the first shO
was fred, having turned upon him III
second time, III the mind Of the defendan!
Mabry never abandoned the conflict until h
: fell dead, said he. Both shots were III rapi
succession, and under the impulse Of til
same passion. and uuder the belief tbs
Mabry lad not abandoned the conflict. II
don't care if A1abry had even really Gbar
doned it. If Lusby had reasonable groun
t. believe that he had not, he was justified
in shooting. In the face of years
friendly conduct and communicate
between the two parties, /
said ne had never seen such "a labored effOl
D on the part Of the prosecution to prov
: threats from the defendants lips upon vi
Mabry. He argued that all the threats a
tempted to be proved, were accompanied
conditions, which robbed them OF their c
feet. and, Lo said, you can't extort q tire.
from anything Don Lusby ever said abol
| Win Aiabry But, on the other hand,
argued that the threats Of AIabry again
LUsby, as shown IL the proof, were dead
and unconditional. He considered 1t an il
suit to say to this court thai Don Lusby 81
( tertained any pre-meaitated malice again
| Viii Mabry. There is rot > sensible man vi
= | Is coaversaEt with the facts, he said, who D
| Iiayes for an instant that there was pa
: ticIe OF pren1editation on the part Of Lnsb.
. He argued and read authorities 10 pro-
/ that malice must have BEEN conceived
least moment before the proyocation, IL
not a moment before the killing, rs claimt
, IN this case. He argued that it Is JUST
: able homicide, and the point IS to ascerta
tho bail which the defendant must give, al
the mode Of crime for which it must
given, and he produced authorities on t
point of bail II conclusion, he elaine
d that the defendant is entitled to bail beyoI
n all possible question.
Capt. w. L. Ledgerwood closed The ca
for the State. This, he said, = oae Of t
few murder cases III which lie Las been e
n gagged, and this is tho most unpleasant ta
s he has undertaken, not only because of t
magnitude of the affair, bat from the f.
y that his relations with tils defendant ha
e always been of the most pleasant natul
Inc city OF AuSANiAAc, Ao Sdlui mas nc
rs shocked, and just TT time VIII
it was wont to engage in the Chri
mas and holiday festivities, and e
family has been sadly bereay
while another is discounted. The con-
quences of this terrible deed, lie said, &
incalculable, and the end is not yet.
then took up the evidence, claiming IL
TX the first trouble originated at the Be
at stable difficulty, twelve or eighteen mont
is ago, where, after trouble on the sire
Lusby followed Mabry to the stable; 8