Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-08-29

l want" Witness testified substantially as
the rest up to the time of the
first shot, then, he said, General
Mabry reeled towards the window, and wit
ness thought at first he was shot. Then
another shot seemed to come from Don's
pocket. Another shot hit Don; don't know
who fired it.
Cross examined Don was facing the re-
corder, Harper behind him, General Mabry
and Joe to the left by the railing, and
Moses Lusby to his right. Believe Moses
fired the first shot Came from that direc-
ton, and saw pistol in his hand. Don
might have been shot by the old man, by
mistake.
Attorney General Anderson was called
and testified to the fact of General Mabry
notifying him that Don was drunk and look
ing for and threatening him. General Ma
bry said he didn't want any difficulty. Wit
ness saw Don, his father and Lon Coram on
the streets; saw Don strike a little negro
with his umbrella; advised Mabry to keep
out of the way. Saw Don going rapidly
from Ritter's to McCampbens, s, with his
hand in his right coat pocket At that mo-
ment saw young Joe go rapidly into Rit
ters. He detailed the subsequent occur
rences, as heretofore given.
V. F. Gossett testified to seeing Don, his
|
| day morning Horace said he was arrested
and fined S25 for carrying pistol; Don
said he himself was constable and had
right to carry pistol; his time would be
out in two weeks but he would still carry
it. and there were some people he proposed
| to attend to. He said he had seen young
Joe Mabry and had a talk with him. He
was going to denounce old Joe, when he
saw him, as id old scoundrel and cow
ard, and if he resented he would fix him.
| Witness advised Don that, as he was
i'll trouble already, he had better
behave. Witness afterwards met General
Mabry and told him of it.
Peter Ritter saw Don and his father talk
ing on his corner, before going over to Me-
Campbelrs, and saw Don have pistol III
his hand.
George Mouser testified to conversations
and threats by Don, his father and a red
moustached man III his bar.
Jas. Kidd was standing at Ritter's, heard
Don say something about shooting or killing
somebody. Don took his pistol out
of his pants pocket and pu; in his coat
pocket and went across the street. The old
man asked him not to go, and asked Don
not to do it, when he talked about shooting.
Charles Walker testified that he heard
Don say, on Gay street, in front of Will
liams' book store, that he would kill him on
sight. Dons father said id if he should
do it, that he would kill him himself. Both
were drinking
This closed the evidence. Some wit
nesses were called but did not respond 1t
was agreed to let the evidence cover both
cases.
Attorney General Anderson did not de-
sire to argue the case. He said he didn't
claim it was murder in the first degrees ad-
mitted it to be bailable case, but insisted
that the defendants must be bound over for
farther investigation.
Messrs. Ledgerwood, Caldwell and Hen
derson argu-d briefly, taking the ground
that Don was shot by his father, who wa
attempting to shoot Harper, and claiming
that both defendants should be discharged,
that they had committed no crime.
Justice Allison considered it his duty,
however, to bind them over for Il fuller i'll
; vestigation in the Criminal Court, and fixeC
the bond at 50, 500 each, jointly, which
bond was given.