Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1885-09-25
COMMONWEALTH vs. LUTHER sAoEaRH,
The Evidence in the Case.

JAS. MONTGOMERY.
Was near my house with j. ii
Withers night of shooting. Heard
or 5 shots in direction Of Mrs. Ste.
gars. Went to the house, $50 or 20(
yards, directly after the shooting.
asked Withers for the time 10 sci my
clock. II was half past q. Not cross
examined.
l.. l.. o'NEAL.
Heard shooting the night Torial
was killed, or 5 shots. There was
no shooting at my house.
JESSE EVANS.
Am son-in-law of Mrs. Slegar
Lived about Il miles from her house
Was at home night Torian was killed
Luther ltadfUrd came about Z o'clock.
lie was alone. lie called my atten-
ton TO the time by asking the time.
1t was :55 O'Clock. Clock was on
the mantcl. Both of his coats were
unburtoned. lie left his saddle-pock
els on his horse and they had fallen
OIL when he started. He staid till
o'clock. Saw him at Mrs. Stegar's
that day. | was moving and moved
lounge out of Torian's room that
set by the window shot through.
Cross-examined - Radford came
by appointment TO my house. My
wife met him and came from adj
joining room in a minute. Have
known him 10 or ID years. lie laid
his pistol Oh the mantel when he
came. 1t was a Smith u Wesson, /
think No. 80. lie helped me set up
some furniture.
MRS. JESSE EVANS.
am wife Of Jesse Evans and
daughter of Mrs. Stegar. Heard OF
Torian's killing next morning. Mat
West told me at my house. Mr..
Radford came that night minutes
TO I. lie asked the lime and said il
was GlS by his watch. We had
llowe's time, set that day. lie left
at 8. His coat and overcoat were
both open. 1t was very cold night.
asked HIM TO sit near the fire, he
SAID nc was not cold, and / noticed
then that he was perspiring. lie
said he had eaten supper at O'Clock
at his boarding house. lie came back
TO look for his saddle-pockets, after
he left and Mr.. Il. lit a lantern and
went out and found them under his
horse. lie took out his pistol when
he came, 1t was 8 shooter, Smith n
Wesson, double action. | was look
ing in drawer and took out Mr.. Els
and told him to load it, Il. asked
what it was, and | told him IL was a
Smith Il Wesson. lie said "Mine Is
Smith Il Wesson, the best that
goes"
lie declined to stay all night.
While screwing a bracket on dress
cr, he broke it and told him to give
me the scrcw-driver that | could beat
him using il. We moved from moth
cr's that day. Moved lounge out of
rorian's room. II came over the
pane that was shot through. r. was
there when the bed was moved.
Think he was IN Torian's room.
l.. o. GARRoTT
Was recalled to correct a statement
made that his and Radford's pistols
were - calibre. lie had examined
his and they were 80.
JOHN YOUNG
Testified that he was gun-smith,
and examined tho ball cut from To-
rian and said it was 80,
MRS. ELIZA sTEGER.
| lived about mile from Long.
view last Dec. Torian lived with
me IN "a aud | had made arrange
memts for him TO live with me this
year. lie lived In the house as one OF
the family. My daughter Lizzie, Miss
Osborne, Torian and myself consti-
tuted the family. Torian was shot
IN his room. Ills room was separat-
cd from mine by porch. Heard
pistol shots and Torian say "Oh !" and
"Oh Lorlyw and heard glass break
and a fall. We started into his room
and met Adcock. lie said, "Go back
and shut the door, Pm shot and Jake
is killed." | called Mat and Bud
West from the window up stairs
They came Immediately. Mat Went
to Longview and brought back my
brother Buck Radford and severa
others. l had gone into Jake's room
and raised up his head and examin
ell his pulse. lie was dead. Ny
daughter, Mrs. Evans, moved away
that morning. Moved bed from tn,
window shot through. Radford was
there and went in that room to assist
II. came to my house after the shoot
ing. lie Knocked and my brother
opened the door. Heard Adcock''
statement. Radford asked him about
the time and called the attention Of
the jury to his answer that il wal
about I o'clock. Radford ate colo
breakfast at my house the next morn
ing. While eating he said 81 saw
the man last night l think did il
lie was a small man and wore
white hat. l took it to be one of tn,
West boys. l met him about l0
yards from the corner Of the fence
Man said he was going to Esq. Peay's
said "lIurry up, Constable they hav
had a fight and Torian is killed ant
Adcock wounded. told him it wa
not one of the West boys and that h,
ought to have stopped the man, Salt
he didn't think to. Said his hors
had been ridden very hard and h
would like to ride some other.
told him TO ride Torian's horse All,
he did ride it TO tell his relative
about the killing.
The gun was in the corner wher
Torian fell. Radford had had Tori
ans gun the Saturday before. Bor
rowed 1T TO shoot birds. lie carrie,
all of Torian's caps of. Don't know
whether gun was loaded. Radfor
remarked next day that he tool
Jake's caps TO CARROTS Saturday
but would bring them back.
Two weeks before, Torian, Pet
J Adcock, Miss Sue Osborne, Lizzi,
Radford and myself were in the PAL
lor; after Radtord left Lizzie wa
sitting by the piano talking to AID
cock and she fell down OIL the foo
and said she saw somebody at tn
window. Torian went out to sc
: about it. Radford was attemptin
to visit Lizzie, and had been for