Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1885-02-07
CRIMINAL COURT.

Guilty except Bill, Ben and Ton
Morrow and Tom and Bud Sly, an,
as Bill Morrow has been sentenced
to be hung, and is awaiting his tria
D by the Supreme Court, there wer
but two left TO testify concernin,
the difficulty, viz Tom Morrow
and Bud Sly, who were quite youn,
when the killing occurred. The fol
lowing jurors were elected: Alel
Baxter, E. j. Chambers, j. T
Swift, Marion Yarbrough, Tom
Martin, Cullom Green, Dink Daw.
son, Geo. Powers, Ed. Bagwell, w
j. Jones, w. l.. higgins and John
Morrison. The State introduced
the following testimony:
Bud Sly Am brother of Tom
Sly and was present when he was
shot. 1t was on Sugar creek i'm this
county, about =! miles from where
lived. Bill, Ben and Tom Nor
row and my brother and L were
rabbit hunting that day together,
all friendly and had been raised
boys together. Bill, Ben and my
brother had guns; Tom Morrow
and l did not have guns, but were
just going along with them. The
Older boys had been over to Golfers
store that day and got some whisky.
Ben had bought pair OF boots but
did not put them ON, and the other
boys in iun tried to make Ben put
them ON. ] helped Ben. 1t was
showing that day-thiuk it was the
8th of January. After we passed
Jack Hambrick's Bill and Tom
Morrow and my brother went over
in the field after a rabbit and left
Ben and myself in the road. / shot
off Ben's gun and he got mad with
me aud commenced knocking and
! cursing me. My brother, who was
over the fence in the field, came up
and told Ben not to impose on me
pulled off his coat before he got
there and said slight a man and not
Il boy" Ben struck at him with Il
musket and Brother struck him i'm
the breast with his hand. Bill then
came up and said "boys, don't have
any fight" and Brother said that
separated, brother going toward his
coat and Ben towards his gun. Ben
picked his gun up from the ground
and said "God damn you / am 60
ing to kill you" My brother, who
was about 10 steps off, turned just
as Ben fired, and the shot struck
him just behind the right ear.
Brother was not doing anything
when Ben fired was standing still.
Ben left the country and / did not
see him any more until after he was
arrested. | was present when my
brother was buried; | was also
present when the body was taken
up last summer several persons
were present Drs. Carney and
Meacham and Capt. Taylor, Squire
Gibbs and EdmOndsOn. The skull
had hole in it just behind the
right ear. Will be q years old
next october. Tom Morrow and /
were about the same size. The last
thing that my brother said was
when he spoke to Bill when ae sep
arated them, viz: "If you say so
I'll have nothing more TO do with
it," He did not tell Bill that he
had nothing against him bn. GOD
damn Ben, pll cut his Goo damn
heart out )" and he did net have
his knife out at any time nor at
tempt 20 cut him at all. We were
about 100 yards from Hambrick's
house, an open field between US and
the house. The musket belonged to
Ben. / had shot II off, and that
was what he got mad about. Tom
Morrow picked up Ben's gun when
he came up. Ben shot my brother
with his brothers gun.
Drs. N. l.. Carney and Meacham
and Capt. w. d. Taylor testified
that they dug the body up last sum-
mer and that the skull had hole
little above and just behind the
right Gag, end appeared as if it
were shot from behind or nearly so
with reference to the head, though
the head might have been turned
and not the body. Capt. Taylor al
so testified that he found Ben in
Seneca, Kansas, where he had lived
for about yrs. under his own name,
was farming, had a family and was
doing well, that he came back with
out requisition.
A. o. Dority, r. w. Bowers, Jim
Seay and Geo, Collier testified that
they saw Sly's body soon after it
was shot and before it was carried
to Jack Hambrick's that he was
shot Just behind and above the
right ear; lying on his left side
with his left arm under and left
hand behind the body partly open
with an open knife in it. Body was
near his coat Breathed some time
after he was shot.
The above witnesses differ only
in a few minor details and agree on
the most important points.
Defense introduced Tom Morrow:
Am q brother of Ben, and am q
yrs. old. Was with my two BROTH
ers and the two Sly boys-were
hunting together. Ben had pair
of new boots and we tried to make
hin; put them ON. Bud Sly helped
Ben all in fun and none OF US
mad. The dogs jumped rabbit
and Bill Morrow anq Tom Sly went
over in the field to shoot 1T, leaving
Ben, Bud Sly and myself In the
roSd. While the other boys were
gone Ben and Bud got to throwing
snow Oh each other and playing to-
gether, were 10 fan and not mad.
Tom Sly saw them sDd got over
the fence and came on up, threw
down his gun, pulled out his knife
and said to Ben: "Why are you
imposing on my little brother ?"
Bud told him that Ben was not inn
posing on him, end about that time
Ben spoke up and sSid that they
were just playing. Tom said that
he was Q damn lie, and Ben said
that he vas liz, and Tom Sly then
said, Elf you are not fusslng then
I'll have one any way,1 and started
toward Ben With his open knife.
Bill came Up about that time and |
kept him off Oi Ben. Tom cut at
Ben two or three times, Finally
Tom ran around Bill. had his knife \,
over his head and said "God damn |
you, I'll cut your damn heart out"
Ben, backing toward me, took his
(Ben's) gun out of my hand and
shot him, the load striking just be-
hind and little above the right