The Evening critic., 1882-03-22

,.
testified that he was with his family In the
diningroom at the time OF the occurrence, and
hearing the report OF a pistol he ran out OF the
room, and upon reaching the foot OF the stair
way, he found tho deceased lying upon his
back. moment later Colonel Christmas came
up, and, standining near the head OF the body,
said: "Gentlemcn, did 1t;
Did il in SeIf-Defensc.''
Mr.. j. J. Hayden testified to hearing the shot,
and, going down the stairs, found Mr.. Whitney
lying with his feetupon the step. He inquired
who had done the act. Mr. Christmas ap-
peared and spoke OF sending for doctor, and
one was sent for. He did not know whether Mr..
Christmas sent for doctor or not, but the
officer arrived In about thirty minutes.
Miss Narrower was called to testify as to the
shooting, but his Honor stating that the kill
ing had been both admitted and proved he did
not see the necessity OF cumulative testimony
ON that point, and the witness was not ex-
umined.
Lieutenant Arnold testified to the defendant
having been brought TO the station under ar
rest; that the body Of the deceased was
searched and no weapons found.
The Government reserving the right to call
Dr.. j. f. Hartigan, when he came in closed its
case.
Mr.. Cone made the opening In behalf Of the
accused, and stated that they would show that
the shooting was done In a clear case OF self
defense. The deceased was the son of Mrs.
Gaines, and the defendant was the husband
of the deceased sister of Whitney. The men
were associated in business together, but dis
sent1ons arose.
whitney Became Jealous of the At
tcmtiOns
paid by his mother to the defendant and his
children, charged that he had been dishonest,
which proved untrue upon investigation, and
the partnership was dissolved and Mr.. Christ
mas decided to takc his children TO North Car
| olina. The counsel related the transactions
OF Whitney In publishing personal card
| him If that did not drive him out Of the town.
| lie went on the morning of the tragedy to his
| own mother and told her that he intended to
| put bullet through Mr.. Christmas brain on
| sight. Twenty minutes before the rencontre
| he met friend on the street and told him
what he intended to do. They would further
| show that Whitney had not been down In the
| diningroom for months and was not in the
habit Of going there for months. If Mr.. Christ
mas had
Resisted the Insults and ReprOaclcs
| of the deceased in the outset, the tragedy
| would never have occurred. Under all the
circumstances, they should ask for an acquit-
| tai.
DR.. J. F. Hartigan having arrived, was put
| on the stand and testi0ed as TO the results of
| the autopsy.
In behalf Of the defense, the deposition of
Mrs. Sarah Wheat, taken at Barrytown, n. Y,
| was read, and was TO the effect that she was on
the way to the dining-room and met Mr..
| Christmas and his son James. On the way,
she heard the voice of Mr.. Whitney saying,
"Look here Look here" Mr.. Christmas
placed her in the dining-room, and she heard
the pistol-shot.
The deposition of Rev. Dr. Wheat, taken at
the same time as the other, was 70 the effect
| that Mr. Whitney struck Mr.. Christmas on
| the stairlanding and put his hand on his hip
as If drawing weapon. moment later the
shot was fired. When the witness came up
| Mr.. Christmas said: eyes, did 1t; but II was
| IN self-defense."
Mrs. Myra Clark Gaines
here took the stand and testified that James
Y. Christmas was her son-inlaw and the de
| ceased was her son. She put the two In busl
ness together. For the first three or -four
months they We're on the most amicable terms
then, unfortunately, she discovered
Deep Feeling of Jealousy
n n mb f.,I CHI oil I,o,
she -could TO pacify She asked the cause
and her son said that his partner was dIshon
port was that her son-in-law had not taken 81
improperly, which she was glad to hear Her
son then said that one or the other must leave
the business, and In conversation with her
son-in-law the latter told the witness that he
would retire. This did not please him and her
son said that he would publish her son-n-law,
and later he told her that he would
Put "a Bullet in Her S0n.in.Law's
Head.
She talked with her son and had TO reason
with him and urged him to have patience and
upon 1t, she would say the unfortunate
tragedy was the result OF self-defense.
The District Attorney thought that the wit
| ness was travelling outside. Mrs. Gaines said
that probably she was without the record.
His Honor said 10 the witness that ON ac
count of her being hard of hearing and hay
ing a cold they had preferred to let her go OF
without being questioned.
"The deafness, Your Honor, " said Mrs
hdlles, -'coIiieS uoH u ldll, Hot olu uSts
The witness, proceeding, stated that her sol
did not eat with them in the diningroom, ant
when she found the feeling that existed sh'
had his meals sent TO Mr.. Whitney's room
Her son told her that he intended to publish
his brother-in- law, and she begged him not t
do IT, He had repeatedly made threats agains
MI. Christmas. The ecross-eHamination brough
out nothing new.
Enoch Moreland testified that he knew MI
Whitney and had several conversations witt
him about Mr.. Christmas He said that tn,
latter had robbed him. and was living Off o
his mother, and he would XIII him, and he pu
| the hand OF the witness in his pocket ON pis
tol. The last time they met he said that h
| intended to publish Christmas and later cam
| back and told the witness TO read the Post Il
the morning; that he had published tho s. O
| ab-, and II that did not settle him that Ii
| would kill him.
, Dr.. George d. Wallace testified that he mc
1 Mr.. Whitney about 4 10 o'clock on the day O
!. the occurrence at Riggs Bank. He told hii
, that he had pIblished Christmas, and witnes
said Il was wrong, and asked him why he dl
: It. He said that he wanted the public 10 knO'
5 what scoundrei he was. The witness II
D quired II Mr. Mhitney's mother knew that h
/ had intended TO do what he did. He answere
that she did not, and II she did, she woul
c have tried to dissuaae him from It,
{ Senator hanson. of North CarOIinT
General Cox and eX-Congressman Leech To
6 tined TO the reputation OF the defendant Il
J. | peace and good order.
John 7. Sullivan, employed In tho bushes
It | office of the Post, testified that he was a
a quainted with Mr. Whitney, and received d
advertisement from him. He suggested
Mr.. Whitney not 10 publish IL, as It woul
make trouble. Whitney answered that II WI
= what he wanted, and he was determined tn
: Mr.. Christmas should not do any business
l. this town.
: Mr., Charles Jones testified To an altercatic
= that occurred at the ON, 0 a short time b
n fore the shooting, and where Whitney swo
= the first time Christmas crossed his path
's was going to shoot him.
g Mr.. Leonard 'Mackall testified TO hayiI
II heard Mr.. Whitney repeatedly threaten tn
j he would cut Christmas heart out at tho san
. time exhibiting a knife.
y Miss Hannah Turner, who lived at MI
K HaiToyer's prior TO the occurrence, testih,
y TO the threats that Nh. Whitney had ma
l. | against Mr. Christmas, and OF an attack Il
| do ta lnt Tor