Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1885-11-28
TayE r.ATE'TKAGEDY.
Mtar.,.n,;ins Declarations.


by a Justice in the district in which lie
lived, was re-arreSted on warrant SWORN
out by the attorney for the Common
wealth and brought before Justice Mears
at Accomac G. H., last Wednesday,
The Justice and also Judge ParIamore
(before whom afterwards the prisoner
had hearing cha writ of habeas corpus)
declined to release him on bail.
The Commonwealth was represented
at the examination by Mr.. Jas. II.
Fletcher, Jr. attorney for the Com
monwealth, and Mr., L. II. Bayley
Browne. Messrs. U. i. Quinby, John
j. Gunter and John w. &. Blackstone
appeared for the prisoner.
The evidence was substantially as fol-
lows:
DR.. John E. Mapp witness for the
Conth. said, he saw Mears 8 O'Clock
Friday morning, Goth inst. lie WAS then
pale, eNtremities cold and compl;.inedo Of
excruciating pains i'll the stomach. An
examination revealed wound about an
inch below navel and on his back when
Mears WAS turned over skin Was broken,
at Which point ball was afterwards ey-
tracted. The ball WAS produced and
identified another ball was also produced
p grains heavier than one taken from
body, which came out Of BOX belonging
to Mears. DR.. Mapp did not try if it
was of size to suit Mears' pistol
but thought some one else did
He assisted at coroner'S inquest and va.
satisfied that ball WAS immediate cause
of death and made no further examina-
tion. He died of internal hemorrhage.
The ball that passed through Mears was
DETECTED slightly upward; could not say
it passed through the inteStines, but
Judging from course of bullet thought
it did. In answer to the question
&c :. The extent OF nalhemorrhage.
he said. that the flannel shirt which
Mears had on was saturated with blood,
there WIS some OH his pants. and two or
three places on the floor the size of a
man S hat were stained. He was Wit
Eess of the dying declaration. and Meurs
WIS conscious liewas about to die
had been appraised of his condition Ivy
his physicians. The dying declaration
thereafter appended was taken about 10
o'clock Friday land he was Informed that
Mears died about . O'Clock same day.
DR.. George w. LcC;lto testified that
lie was called into consultationwith DIR.
Mapp between 10 and II o'clock Friday.
Found Meays in state of colapse-cold,
pulseless and with excessive thirst. On
examination found wound, one inch be-
low navel, and assisted in extracting the
bail from his back, or 1 inches to left of
middle line. Assisted at post norton
and found that bullet had passed through
cavity Of the belly. and believed cause of
death to be internal hcmorrllaSe. After
he had satisfied himself as to cause of
death, did not examine further, but
from the escape OF gas supposed that his
bowels had been punctured. The dying
declaration was written by him. Mears
was Informed of his dying condition. In
answer to the question, whether mar
wounded as Mears was, could have
made the Journey from Sturgis' store to
any an otlne iabout half mile distant, he
said it was improbable, but the author
ties agree that man might walk TIL
l. distance after having received an abdor
= inal wound of the character describe
{, Usually a man when wounded III tn
ID way would fall, but if a man had be,
drinking, the stimulant might counte
act the effect of the shock.
d Mr.. VIM. G. Mapp testified that
o saw Mears about one o'clock Frid
q morning. examined his clothes and S;
u no powder marks on them.
Thomas Fitzgerald, witness called f
the defense. said he was at work f
l. Mr. Sturgis and saw Sturgis and Mea
~ when they came home together Thulsd
e, night They went to the store and
a. followed them. Three coloretl men al
~ we're present. While therea dispute arc
between them us to a debt of $40 viii
Mears owed Sturgis. a colored mali W
a. lived on Sturgis land whose name W
SO George Downing, / think, had gott
OF from Mears Sl5 worth of potato spror
III and Mears wanted him to take the dis
III in part for what he owed him. \
u. Sturgis said if he had to pay all his te
ants debts it would ruin him. I'll
I'll Mr.. Mears said 1.-THE colored man h
IN more principle in his little finger tn
he he had in his whole body" Then N
Il Sturgis got up and said damn YOU
70 you don't get out III kill you" n
y, Mears then started to the door. I
colored men ran out and followed tn
When / got out went to end of polt
at Mr.. Mears then came out, went acr
)k the porch and with his left hand on
Of left post was in the act Of stepping
IN the ground when the pistol went
Ell Meals kept his GO. without stopping
ne fiincling until he got to the middle
IT, the road, he then turned around
said Your damned old pistol is no
count. you couldn't hit me. He Il
ell said dare YOU to put your head out
re the door and put his hand in his
eel pocket, but if lie had any pistol did
at see it. He then went to store door a
OF Sturgis let him in. He was then abe
is feet Of Mears and Mears had his b;
no to store door. when pistol fired. He