Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1884-05-10
MEMPHIS. TENN. SATURDAY. NAY 10 1854
was dead he and his SON and others bore

was dead he and his son and others bore
the body of the deceased home.
u. b. Hamilton, who was one OF the
clerks OF the election, saw Matthews shot
down, but did not see the person who did
it. He was glancing at the registration
book when he heard the shot fired, and
saw Matthews falling, and looking in the
direction of the report saw Wheeler with
a gun in his hand, unbreeching it and tax
ing therefrom the exploded shells and re-
loading. AT the time Matthews was shot
he had rendered his ballot and was stand
ing in front of the ballot OK, his arms
akimbo, a usual position with him. De-
ceased had no pistol in his hand, and
could not have made an effort to
draw one without witness having
seen it. Witness saw Wheeler when
he received the gun through the window
and placed it on pile of cotton. He
afterward saw the gun sitting behind the
door. Later, he saw Wheeler and Mat
thews engaged in conversation. They
were speaking in low tone OF voice, and
not excitedly, at one end OF the room.
When Matthews had fallen to the floor,
after the shooting, Mr.. Mceinnis picked
up Matthews's pistol. Cross examined,
he said Matthews had voted, and witness
was about to enter his name on the poll
books when the shot was fired. The first
time he saw Matthews's pistol McGinnis
had it. He never told John Harris or any
one else that NJ atthews's pistol was cooked
when he picked it up.
r. G. Coxwelt, another witness for the
State, testified in subs ance about the same
as the previous witness, though he denie1
that Matthews, after fist offering his
ballot to him desired its return, that he
might see if the ticket was correct. On
the cross-examination, when counsel for
the defense asked witness if he, witness,
tBankston) had not said to him the morn
ing of the killing that Wheeler had gun
in the room, and he did not like it. The
attorneys for the State objected to the
question, and after much argument the
objection was sustained.
Counsel for the prisoner here filed bill
OF exceptions to the ruling of the Court,
the second bill of exceptions thus far filed
by defense.
The testimony was resumed, and wit
ness said that after the killing Wheeler,
in company with his brother Jack, who had
come in, and Jack McGinnis left by the
west door. Wheeler returned that after
noon, accompanied by his brother, to
vote, and did vote. Reub Morrison and
McGinnis were again with them. Reub
and Wheeler both had their guns. Wheel
er was not excited when he came back to
vote, and only remained long enough for
his name to be found and to cast his ballot.
DIR. A. B. Pitts was the next witness
called for the State. He refused to testify,
stating that he was connected with the
prisoner by marriage ties, that he was
young man and professional one, that
this was his home and he expected to re-
main here, and wished to do so in peace
and without prejudice to his profession.
The Court ruled that he must testify, and
upon his failure to do SO committed him
to the custody of the sheriff for contempt
OF court. If he refuses to testify when
coart conyenes in tae morning he will be
committed to Jail until he purges himself
of the contemp. of court. Court then ad-
.jeaEAed until Se'cleck ckto-mozrow-mornin