Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1881-12-29
THE LUsBY-MABRY TRAGEDY.
Of the Preliminary Trial
Before Justice King.
The State Concludes the Hearing Of Their
Evidence.
The Defense Commence, but Fail to &c
Through.

The Defense Commonce, but Fail to Get
Through.
lhe preliminary examination in the case
of Don C. Lusby for the shooting aud kill
ing of VIII c. uabry, Christmas Eve, was
continued yesterday morning before Justice
J. NJ. King. at the courthouse, and again
drew large crowd.
Robt. Steele was examined for the State.
He knew both Lusby and Mabry; was in
Snodderly's bar the night of the difficulty;
went to see Nj. Snodderly on business, and
vas starting out when Don and VIII came
in: Don walked up to the bar and said,
Lets all hands take drink" Will was be-
hind. was bleeding, and said, mo, Don,
YOU abused me- Don denied, saying VIII
was mistaken, and VIII repeated the charge,
when Don gave him the id lie. Witness
interferred, telling them he was friend
TO both parties. Some man came
up end put his hand on Don, and
Don knocked him down. Don told
witness to take his hands of of him, or he
would shoot him. Witness said "No you
won't. I'm friend to both parties, and
YOU mustn't have any fuss here" Don be-
came quieted and walked up, asking VIII to
take drink again, but VIII refused, and
repeated the accusation, when Don repeated
the lie, and on the repetition of the charge
by VIII that Don had abused him, Don called
him id infamous liar and son Of
b-h. Three OF four icks were passed be-
tween them; VIII vas backed up
in the corner; got up on
bench and struck Don over the head
with something snd the pieces fell. Wit
ness then took Don by the hips and at
tempted to get him away, but he broke
loose, looked over witness shoulder and
drew his pistol, following VIII towards the
door. and about this time witness was trip
ped up by soaoe one and got back in the
other room. The next witness saw, was
after the shooting, Don came back into the
bar ana remarked to witness that 'Will has
murdered me, (or tried to murder ME, wit
don't know which but I've shot him"
Cross-examined-L usby every time denied
that he had abused Will. and said he was
mistaken, it was another man don't re-
member that VIII said II didn't
do it, you're id liar = Don didn't draw
@ pistol on Will before be was struck over
the head, but Don did attempt 10 draw a
pistol on Witness Witness remembers dis
tinctly that Don said to viii You're mis-
taken in the man, I didn't strike you; we
are friends, and our fathers are friends" or
words to that effect.
Re-examined-After Don and viii were
first separated, VIII went into the back
room, and when he came back Don pulled
OF his overeoat and laid it on the counter,
and said again, "let's all take g drink"
VIII again replied, " 10, you've abused me
and struck me twice" After witness came
from where VIII was lying dead, Lusby was
in the room, had his pistol in hands and said
all he wanted was white mans chance.
Don said something to the effect that he
was sorry for the act, but he had to DO it.
Re. cross eyamined--While sitting IN the
back room with Lusby and others, some one
said that if Gen. Nlabry was to come III the
ID would be to pay. Lusby remarked
that all he wanted was white mans
chance; that he wouldn't surrender his PTS
toll, lie wanted to protect himself and would
do it.
f. N. Turner was called next. Was pass
ing by and heard shots. To the best or his
remembrance the two men were about three
feet apart at the time of the first shot, some
four or five feet from the door; could no!
identify either party didn't see the second
shot
/ Counsel for the State stated that one very
! material witness. Mrs. Alex. busby, had
| locked herself up to avoid process as WIT
| ness, and now could not be found at ali, al
| though an attachment had been taken. With
! the understanding that the witness can be
! examined when found the State rested thell
case here.
EVIDENCE FOR THE DEFENsE.
! jerry Hough was called as the first witness
( for the defense. Knew both parties; wa'
sitting in the back room OF Snodderly's baI
Saturday night; heard loud talking, wen
and looked and saw Mabry and Lusby at tn
bar; Lusby asked VIII to have drink; vii
refused, saying Lusby hadn't done him right
Lusby said he hadn't done him any wrong
Will said he had struck him; Lusby said h
had not, and they passed few more words
VIII struck Lusby with his left hand, an
Lusby struck him with his right. The
scuffied back to the corner; saw plate i
Wills hand; saw him strike Lusby two G
three times over the head, and as h
ran threw piece ct Lusby. Wen
out, saw Lusby put his hand back to dra'
pistol; after they got out, heard two pi'
toll shots in quick succession. When Lush
hoo ITO no no "a
ness heard him say was that viii hf
murdered Cor killed) NE, but I've shot him
Lusby was very bloody all over If Lush
drew pistol before he went out of IL
door witness didn't see it. Saw no weapon
except the plate IN Wills hands. 1t was
, heavy plate, would weigh about pount
and was about half an inch thick. VINE
, Bob Steel took hold of Lusby, Lusby to
him to go way.
Gross examined-There were two or thrt
men a hold of both parties trying to separa
them. Don't remember what else Iusby So
: when Steele took hold of him. When Lust
showed viii back, VIII had the plate in h
hands and struck Lusby three hcks befo
getting upon the box, then struck him tv
: more. Positive there were just five iicl
=. struck think Lusby said something abo
. shooting when Steele interferred. Bar
7 Hodge was behind the bar, about six fe
, closer to the difficulty than the witnes
a; Witness certainly swears that Lusby did n
; draw pistol before he went ont Of Il
bar. He put his hand back and kept
there, but certainly did not draw plstt
Swear positively that Bob Steele was L
knocked down in the room. Didn't S
| either of the shots; heard the
:: Re-examined-W Witness is a timer, for
t man of Hill & Young's shop. DON'T knc
/, whether Lusby had a pistol or not, he Ike
T., his hand back behind him.
Two pieces of broken dish were show
. which witness swore were pieces of the di
n used by A[abry.
/, Jas. n. Ray, one of the counsel for t
y defense and an eye witness, was put on t
e stand Was at the bar when Mabry and D.
came in. He testified to the facts of Lus
), trying to get viii to drink, and Win accl
n ing Lusby of having struck him. Will "
bloody in the face and had some woun.