The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-09-28
Death orThomas Diggs.
cORONER's INQUEST AND VERDICT OF THE
JuRY-pIGGs's DYING DECLARATION.

CORONER'S INQUEST AND VERDICT OF THE
JuRY-DIGGs's DYING DECLARATION.
Thomas Diggs, who was shot some time
since I'm the city Jail, died yesterday from
his injuries. He had been at the point OF
death for some time, and bis death was not
unexpected.
Coroner W. II. Taylor, upon being noti-
fed, summoned jury Of inquest, and af-
ter hearing the evidence the Jury returned
\ verdict to the effect that Thomas Diggs
came TO his death from a wonnd accident
ally inflicted by q pistol-shot at the hands OF
Peyton Booker on the Sth day OF July,
1888, the said Peyton Booker being ther a
prisoner In the city Jail"
The evidence elected the fact that Pey-
ton, on the day Of the shooting, was talk
ing to a prisoner about some cigars which
| he Peyton) had in the Jail. In the course
OF his remarks Peyton said that he would
take his pistol and shoot the man who took
his cigars. He bad no quarrel with Diggs,
but another prisoner caught hold OF his
hand, and in twisting it around the pistol
was discharged accidentally. and the ball
struck Diggs, who was at the hydrant
drinking. He had kept the pistol conceal
ed from the iaiIer. He had stolen it from
AIr. Sutherland.
Mr.. Samuel B. Witt, Commonwealth s
attorney, was sworn, ana deposed: On
the night OF the day OF the shooting was
sent for by the officers in charge OF the jail,
and informed by the messenger that one
prisoner had been shot by another in the
city jail, and that Mr.. Lee, fearing that the
wound would prove fatal, desired me to
take the dying declaration OF the wounded
man, in order that proper prosecution OF
the ease might be instituted. / imme-
diately went to the Jail, and found Tom
Diggs, the deceased, suffering from bull
let-wound somewhere in the back. | had
known him well for 4 long time, and adj
dressed him rather as friend than a. q
lawyer, requesting him TO tell me how the
shooting occurred. My recollection Is
that he said: "Thc boys were foOling
with pistol; it went of and shot
me in the back" He went on
to relate some OF the minor details OF
the occurrence, which / do not now re-
call. but which did not at the time strike
me as being material. He was so positive
as to the idea that the shooting was acci-
dental, and so confident that he was in a
dying condition, that | deemed it impro-
per and unnecessary to question HIM
further upon the subject.
A few days ago the Judge OF the Hust-
ings Court called my attention to report
that Diggs had made statement contra
dictory to. the one he had first made.
came at once to the Jail to ascertain
the truth OF this report, and found
Diggs in a dying condition. l stated
to him the substance OF the report,
and, as well as | can remember, said this to
him: "TOm, you have but a few hours Of
life; tell me was that thing accidental or
not?' He asked me TO take hold OF his
hand, and did so, and he said, at was
purely accidental. Peyton and | never had
any cross words in our lives. He couldn't
have intended to have shot me, as we had
always been friends" asked him il he
appreciated the solemnity OF the occasion
under which he made this statement, and
he said he did, and that it was true. told
him goodbye and left him.
Peyton is still confined in Jail, but it is
not probable that he will be tried for the
shooting.