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

WASH { AFRAID OF Harper or the whole force.
Harper said he didn't intend to force him,
but intended that he should respect the of
| ticers and the law, and that he (Harper) was
not afraid of him either.
They went on to the city hall, where
Don was taken before Recorder Nelson,
warrant taken for him for using language
| on the street calculated to provoke breach
| of the peace. After reading the warrant to
| him, witness told Don he Was armed, and
must be disarmed Don resisted, and swore
he couldn't disarm him. Witness however,
took hold of him and got hold of his pis-
tol, which was in the right coat pocket.
| Just about this time shot was fired;
| can't say by whom whether it hit any one
or not. 1t seemed to be close to witness.
| Then there were two or three other shots
| fired, and Don was shot, but witness didn't
know it at the time Got Don's pistol and
handed it to Alderman Michaels Don re-
| marked that he was shot, and witness ex-
amined and found it SO, and he was turning
| pale. Think the first shot came
| from the direction of the door,
which was to the left of Don, as he stood
facing the recorder, at his seat behind the
bar. Gen. Mabry and Joe were both stand
| ing by the door, when the witness last saw
them. Gen. Mabry commenced to talk
about having witnesses there, and dispute
arose between him and Don. Witness said
he proposed to have order; he was going to
run that thing, and they must keep quiet.
| Don said: ''Well then, run it." Don't
think Don fired any shot at all. Gen. Ma
bry came in the office after witness and
| prisoner; didn't see the General with any
pistol; saw young Joe with a pistol, trying
to shoot; can't say that he did though. At
one time after first shooting, saw Joe trying
to shoot Don, and called to him not to shoot.
Didn't find but one pistol in Don's pocket.
Cross -examined-Nothing was said by
young Joe Mabry General Mabry spoke
about getting witnesses there for trial. In
the talk between Mabry and Don one said
as much as the nther. Think Robert Steele
was with General Mabry at the drug store;
don't think young Joe was there. All wit
ness heard from General was that Lusby
had been following him all day. Two
pistols were taken from Moses Lusby,
after he was called Witness kept to Don's
right all the time part of the time had back
to Nose, who was back of and to the right
of witness and Don, and in threatening
position Called to ether officer to take
hold of the Mabrys. After Don was shot,
and before witness saw young Joe's pistol
out, saw General Mabry and Moses Lusby
In scut1e.
Alderman Hu Michaels couldn't tell any
thing about who fired any of the shots; was
on the steps when the first was fired, and at
the door when the next Saw General Ma
bry in the far corner of the room and young
Joe near the door, getting out. Don was
making for the door. Young Joe stepped
| up to Don and snapped his pistol or )
times, but it didn't ootf. Heard Don say he
was shot; examined and saw he was shot
through and through. Gen. Mabry after
wards struck Don over the head with some
thing. Young Joe.; who was cool, asked
, witness if Don was shot. Didn't see any
, wea ,on in Don's hand. Heard the talking
butN een Don and General Mabry. Don'e
2 rem rks were rather harsh. The Generals
, ! wert mild. He was between Don and the
door, to Don's left, at the recorders bar,
with Don just in front of the recorder.
Witness suggested to Harper to disarm Don.
t Harper sent witness after two pollce; went
and brought Youpgblood and Smith. When
got back there seemed to be shooting all
, over the room. After Don said he was shot
there was one more shot fired. 1t was by
/ General Mabry, into the floor of the police
room across the hall.
Cross examined. The Mabrys were there
as witnesses, and Lusby on trial Harper
douted his authority to disarm Don wheI
. | witness told him to. Don seemed very
mad as he went to the door, trying to KNOCK
everybody off; don't think he had any
| weapons in his hands. General Mabry wal
i. coming from the farther part of the room
|. | with the instrument which witness de
scribed as leather bag, with shot sewed VI
in it. In all the fuss, the effort was being
made to quiet Don Lusby.
Charles Youngblood, policeman, testified
e that when Harper went to dlsarm Don
: Moses Lusby went up and put his hand OF
- Harper, but witness pulled him back Th
I first shot seemed to come from wher
e Harper and Don were. After pulling Nose
q back General Mabry and Moses haC
a scuf1e, and General struck Moses witt
> something that looked like a book
o Policeman Porter took hold of Moses, whel
d another shoot was fired and Moses fell t.
n the floor Then witness heard two NOR
. shots; don't know who fired any of tn
shots
D. Cross examined-Thought Moses Lusb
re intended to prevent Haper from doing hl
y duty. Don was the man that had to b
a kept down, and his father was helping him
. Recorder G. G. Nelson testified about tn
II facts of writing the warrant and Gen. Ma
bry asking permission to get witnesses, an
d while was writing shot was fired. Wit
-, ness didn't know but he was shot himself
or Harper; thought the Mabry had gone, a
as that time. Witness left his seat to hel
Harper; put bis hand on the banister all
4. found blood on it, right wher
"A Don was standing when th
- first shot was fired Don't know who fire
IT, any shot. Have four pistols i'll the safe, tw
&c taken from Moses Lusby. Coroner Hoo
b, left the others there.
10 nj. A. Walker, Esg.-Was standing
=. front of the bar on Ctinch street, near th
III custom house; saw crowd and went to
wards Gay street; met Don under arrest b
IN Harper; offered to pay the fne or go o
-. Don's bond, but Harper declined botl
went up to the hall with them. Whe
l. Harper read the warrant, witness propose
ut to have the case continued and go Don
n. security till Monday. Young Joe Mabr
" said witness had no authority, not being
" lawyer. Witness asked Horace Foster
Il attend to it, and he did SO. Geners
Us Mabry said he wanted some witnesses
no Don't know who fired the first sho
:. There were five shots in all. Saw Mose
- fall, think young Joe shot him. Didn't sc
10 G General Mabry's pistol. The first shot WI
ok tired from around the banisters, TOWARD
the door, Moses was right behind Don an
Iu rushed up on Harper Moses Smith We
be with the Nabrys, where the first shot cam
lis from.
We Cross oss-examined-Didn't take hold {
Harper Heard Don say ''yo
ed can't arrest or run over me-" Wi
of ness went along as Lusby's friend
ng is also Mabry's friend. Think Gen. Mabr
ay fired first shot, but didn't know; don't kno
be who shot Don. Didn't Moses take an
by part Saw little Joe with pistol in h
of hand.
n. DR.. j. 81. Carriger- Examined the woun
I'M ond Don Ball entered the left sid
lat slightly higher than the lower point of th
10 breast bone ranging in a transverse dlami
wv ter across and came out little In front {
ry the middle line ON the right side. The yes
K shirt and under-shirt and skin, on the le
nd side, were badly powder burnt.
!" Robt. Steel-Gen. Mabry came to witne
d near Smiths bar and said Vol. Gossett to
it him Don was looking for him (h1abry) al
mt making threats. Walked together TOWARD