Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-09-01

walked OH anu Dean IOiiOW6Q A1n. DOOt0y
told him he had befriended him; had got
him a job when nobody else would. Bean
said that was so, and he appreciated it. but
Looley had acted the id rascal with him,
and he was big enough to tell him of it.
Dooley told him he ought to be satisfied es
it was Bean said, ''You have heard
I was going to lick you, I don't give
d-n, Pm big enough to do it." Dooley
moved off and said to Bean, Don't you
follow me-" but Bean would follow. There
were six or eight steps between them all the
time, before Dooley shot. Bean was about
ten steps off at the time of the shot, had
moved forward one step, after Dooley told
him to stop. Didn't see anything in Beams
hands.
Cross ss-examined-Bean was discharged
from the road Sunday evening. Witness
heard Bean say at the round house that
evening that if he didn't get to work any
more, it would be long time before
Dooley would be able to work. Witness
told Dooley about it, and that he had better
watch out. Bean was reckless, drinking
kind of a fellow; have heard that he
had the character of a fussy man; never
saw him have fight. Never heard any
thing of that kind about Dooley; known
him or 9 years; never heard of him hav-
ing fuss; as far as witness knows Dooley
is strictly sober.
Mai. ii. W. Perrin, witness for the de
fense, was allowed to testify here. He
testified that he is master of trains on the
road. Had slight acquaintance with Bean;
and knows Dooley very well. Saw
the two in front of the Atkin
House Sunday evening, while witness was
On the way to the office Was accosted by
Dooley who is a conductor who said he
wanted to report Bean, fireman on his
train, Bean being present. Dooley said he
went out on No. Z, first section, having on
engineer Nance, who had never run over
the road and didn't know it. Bean
was acting as pilot for Nance.
On approaching Mouse Greek, Bean failed
to tell the engineer there was down grade
there, and they ran through the station at
about thirty miles an hour. They we're ex-
pecting to meet No. 8 there, and the siding
was too short to allow it aud the crusher
train to stand on it at the same time. No.
8 didn't come, as expected; If 1t had No. z
would have ran into 1t certain. Beau
SAID he knew every foot of the road,
bu, at the time he was lost, and didn't
think OF what he was doing. After Dooley
had told this story witness turned to Bean
and tod him he was no longer III the en-
ploy of The company, that they couldn't
overlook such carelessness. Bean didn't
dispute the truthfulness of Dooley's report.
| 1t was Dooley's duty to report such thing;
ne would have been subject to discharge If
he had have failed to do so. The thing
repsr,ed was dereliction of duty The
character of Dooley is No. l. He is per
feetly sober, attentive to duty; industrious;
never knew him to have difficulty, and it
was his character to shun difficulty.
f<..
On reassembling, at l o'clock, Samuel
Harris, colored, railroader, testified
He saw the difficulty; was sitting at the
upper end of the car shed and heard
Bean say ''Now's my time to see him, he
amt gone out yet" Bean went up the
track and witness went also. He heard
them talking, Bean telling Dooley he had
acted the id rascal, he could lick him,
DC. Dooley told him he Lad done good
deedfor him twice. Bean said he knew it,
but he had acted the id rascal with him
any how. Witness detailed the shooting
He said Bean stopped down when shot and
halloed ''Oh !" when Bean stopped. Bean
was almost in an arms length of Deoley at
the time.
John Patterson was recalled by the
prosecution. He couldn't say that he saw
sam Harris there. There were two or three
parties around, but couldn't say who they
were.
This closed the evidence for the prosecu-
| ton.
For the Defense Geo. W. Ellis, freight
conductor, was called first. He knew both
! parties; saw Bean Sunday night, at the cor
| ner of Gay and Vine streets. Bean told
witness that Dooley had had him discharged
and when he came in he intended to whip
HIM. Dooley had just gone out with his
train. Witness again saw Bean Tuesday
night, about fifteen minutes before
| the shooting at the car shed.
| Bean met witness and said, Hello George
have you seen Tom Dooley?" Witness
said ''No" Bean said, q havnt seen him
but am hunting him, and that's the defer
ence"
Cross examined Witness didn't commu-
nicate these facts to Dooley.
Jarry Bailey, an engineer, testified that
he knew both parties On about 20 min
utes before II a. m. Tuesday, at Tom
Egan's, Bean walked in and asked
witnes to have a glass of beer.
said he was going to take one. Bean says,
Jerry, Tom Dooley has got me to fight
when [ meet him, and one of Us will get
| hurt" Witness tod him he had better go
on about his business, and let Tom
alono.
Dan. Bell, brakesman, knew both par
ties. Heard Bean say last Sunday, that
if Tom didn't fix it so that he could
get back to work, Tom would have
to fix him BEAM so that old man Bean
wouldn't know him. Witness told this to
his fa.her, but didn't tell it to Dooley.
| Rufus Fletcher, colored, porter at the
Atkin House, knew both parties. Was at
the Atkin House Tuesday evening, in the
window, when Bean came out of the bar
end asked witness to loan him a pistol
| Witness told him he had none, and asked
hum what he wanted with it. Bean
sad Tom Dooley had had him discharged;
that he was going to the Cincinnati South
ern road that night but he was going to
| get even with Tom before he left.
Cross -examined-Had known Bean since
the 21St of July last; broke one trip on the
train with hun. Didn't tell Dooley about
this; told several others, Brother Banks and
! another white man.
4 N. j. Bell, passenger conductor, father
| of Dan. Bell, knew both. Dan related
conversation he had with Bean, to witness,
| and witness communicated it to Douley
! Sunday night, on the train going to Cleve-
land.
This closed the evidence. Brief az
| gument was made by the coun-
sci, and after a consultation Justice
Allison announced that it was considered a
bailable case, and they would admit him to
bond in the sum of So, 500 to appear at the
next term of the Criminal Court
The bond was promptly furnished, signed
by the defendant, t. G. Holloway, Wiley
| B. Wright Hopewell Rraine Rraine
Stern and NJ. FL. Dooley.
Mensman's Pept0nized Beef Tonic,
the only preparation of beef containing its
entire nutritious properties. 1t contains
blood making, force-generating and life
sustaining properties; invaluable for Indi-
gestiOn, Dyspepsia, nervous prostration
and all forms of general debility; also, in
Ill III