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

argued That IslSbY, WHiie Il constable OF the
county, violated the law by attending and
betting on a chicken fight. An officer
he said, has Il right to carry arms, but
bahry demonstrated that he WAS a Law
abiding citizen by being without arms on
that occasion. It is not more certain that
the sun shines in the heavens, he said, than
that Mabry and Lusby were at the corner of
Depot street Saturday night Counsel for the
defense interposed that they did not deny
their being there, but denied that Lrsby
struck aIabry there). He claimed that the
real difficulty began at that point, where it
was testified to that Don threatened
to Kill VIII, anI that tha difficulty was a
continued RITA up Ga The killing. Lus-
by denied \ le beat AIabry mt the above
point, but when asked who did it, he did
not tell BIN, and he did not prove it on the
trial, which left the presumption that he
could not prove it, and that ne did it him
self He claimed that the invitation by
Lusby for Mabry to drink with him, was in
tended as an insult, and to further craze
him (Mabry) with whisky, he being already
beastIy drunk, and he Nusby} being,
as far rs the evidence shows,
duly sober and cool and collected.
He don't deny that BtaREy 'rycb - st
lick, but it was after LugbA ms
most tCntuSOn4e epitnet, ASEt SRltl
take without resentirg, and i was not til
then, he said, that Mabry gathered the dish
from the counter and struck Lusby, after
Lusby had demonstrated that he vas the
moro powerful max by pushing Mabry back
into the corner. Mabry had passed no in
sui;ing word before Lasby drew OF his over
coat He claimed that Ltlsby knew vel
that biabry WAS not armed, and the defen-
dant's witnesses knew it also, for he had
asked them for arms. They were expecting
the danger to come from Lusby, when
they sneaked away. He argued that Mabry
was fleeing for his life when he went out OF
the door, knowing that Lusby was one Of
the boldeSt and most dangerous men in the
State, who was pursuing, and asking for
Alabry. He secuted the idea that Lusby
was III danger, or afraid OF his life, but claimed
that after the first shot, while Mabry. was
crouehed behind another man. Mabry eE-
claimed Pm killed." when Lusby declared
bo would shoot him, and with steady and
unerring aim and nerve of steel, fired tie
fatal shot, from which VIII MabTy ran and
fell, like deer shot through the heart.
SIS that murder ~ he said what IS mrr
der! q cool and deliberate determination to
take life, that determination being carried
into effect" He laid it down as a cold
blooded proposition of law that Lusby could
not begin a difficulty and work himself into
a passion and then take advantage of that to
Kill his adversary. He was glad the counsel
for the defense had produced authorities on
the question of the lapse of time. that sew
eral minutes may elapse during the difficult
~, and not change the intention. He
read some law On threats; also
authorities to show that if the
T-,+c al
very instant of the death blow, it IS murder
He argued that the intentions Of Lusby
were clearly shown By his conduct in
knocking one man down who interfered,
and III threatening to shoot Bob Steele his
friend, who interfered to stop the difficulty.
If, he said, Lusby's intentions towards his
friend was murderous, what must they have
been towards his victim WHAT provoca-
ton, he said, was given by Mabry up to the
time Lusby drew his overcOat This act Of
Lusby's, lie said, was declaration of his in
tention TO XIII or injure Mabry, as if of a
duelst stripping and preparing for the
combat Therefore, the conduct Of
Lusby here and his clearly indicated inten-
tons before make the killing murder in the
first degree, he said. He insisted that the
case Is not a bailable one, as is established
by law, and claimed that committing
magistrate has no authority to determine as
10 the grade of the, crime. He produced
several authorities touching upon the duty
and power of committing magistrate, hold
ing that he must be governed by probability,
and it is the province of jury or judge to
determine the question of bail. He claimed
that there is certainly great probability and
presumption of murder of some degree.
He insisted that the justice should bind the
prisoner over without bail, and if tie ques-
ton of bail is to be determined, it must be
done by writ of habeas corpus.
COMMITTED WITHOUT BAIL.
This being the conclusion of the argu-
ment, Justice King announced that he must
say this has been very unpleasant duty.
! : man who has been connected with him
/ officially for the last three or four years.
i and whose relations have been of the most
kind aud pleasant character, Is be-
fore him On q charge Of murder.
/ He went into the csese with great
reluctance, and tried to avoid it,
had sworn duty to perform, and must dc
it regardless of feelings OF any kind. He
believed at the time and insisted that it
was not case and question which should
come before committing magistrate, but II
was insisted that he should hear it. The
require an investigation by court, and he
feels it his sworn duty to bind the defendant
over to the Criminal Court, committing him
to jail and let him go before the court on
writ of haheas corpus. He might be in
error, he said, but if SO, it is only very
few days till the court sits.
Never interrupt any conversation with {
. I bon bod
Better invest quarter of dollar in a bot
tie of DR.. Bulls Cough Syrup and cure il
"A Band OF Young Thieves BaRGed,
The police made haul yesterday of sev
eral members Of gang of young stree
} gR1nins from 10 to Is years of age, bot
eolored aud white, who have been pest t
the business community for some time. L
, the first place, Dempstsr Hunter and Henri
Wise, white, and Charley Bice, colored, wer
! caught by Officer Hicks pilferrin
soma eggs from Mr.. Kennedys store on til
, Square. They were tried and sent to tn
l work housa.
After arrest these boys not only peache
! on each other in other instances of pifel
| ing, but gave information which led to tn
arrest by officers Hicks, Smith and Ioun:
: blood of George Nelson, Robert Carpt
and Houstin Eblin, colored, an
< Stanford Curtin, white, for rol
e bing AID being implicated in IL
: robbery of tho cash drawer of Meter
Zeialers meat stall in the market house ye
q terday morning About SIG was taken fro
the drawer. All four of the. boys were col
: mitted to jail, and viii have hearing befo
d Justice Allison this morning. This viii, I
; doubt, lead to the unearthing of other 70
e berries which have been committed al
i there are others implicated whom the poll