Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1886-05-11

Inere was wagon with TWO animals
to it. The deceased was lying behind
the wagon, and his wife and child
rem were standing around him cry
ing. Several of us put him into the
wagon, and carried him back to his
house, and undressed him. There
were seventy-two or scventy-thrce
shot that entered him. From the
size of the holes, l thought they were
| squirrel, or duck shot. Was not on
the coroner's jury. The wounds
were sufficient to have killed him.
E. r. Moss was next examined,
and stated ~ live in Christian coun-
ty two miles from where the killing
occurred. l went the next day after
the killing, to where it occurred;
and was one OF the coroner's jury. l
counted fifteen or sixteen shot in
circle on his breast; there were other
shot holes in his body, the holes
seemed to be good big shot.
ESQ. JOHN w. McGAUGHEY was the
next witness. He testified as fol-
lows:
1 live in Christian county three
miles from defendant. Was, and am
now, one of the magistrates of the
county. The inquest was held by me
the day after the killing, at Johnson's
house OH defendants place. There
were large number of holes in his
body-about the size of duck shot,
and at close range, there is no doubt
but that he was killed by the wounds.
When questioned the witness sta
ted: Defendant came to my house
and surrendered the next day after
the shooting-the same of the ill.,
quest"
THE DEFENSE.
For the first time in the history of
criminal cases in Kentucky the de-
PENDANT was allowed to testify in his
own behalf under the new law just
enacted.
Rock RADFoRD was sworn and tes-
titled as follows: Gam n years old,
will be IS the 10Th of next April.
Lived in Christian county, with the
exception of 5 years, since 1882. Mr..
Henry ID. johnson was living on my
farm in 1882. lie and farmed Oh
shares in 1881, and in 1882 he was to
pay me 5000 rent. lie afterwards
took in grandson of mine, and l
was to release him from 500 of lie
also owed me SIS for goods furnished
him. lie cultivated twelve or thir-
teen acres in corn, and six or eight
acres in tobacco. Understood they
were pulling corn. About eight days
afterwards l wrote him note to stop
until we had a settlement-sent the
note by one of my grandchildren.
Several days before the killing we
had conversation about the corn. l
told him l wanted my rent, and pro-
posed to have the matter settled by
two neighbors, but lie refused to COM
promise. l then proposed for him to
haul me one load and take one HIM
self, but he refused. l then told him
il he would give me security l would
let him have the corn. He refused
anything. l told him that the barn
had burned, and that the corn was all
that was left me TO get my rent out
of. We then agreed to fight it out.
| told him that Il thought you profess
ed 10 be christian lie then agreed
that he would not touch the corn. A
few days afterwards-soon one NOR
ning-I got up and went out, and
saw Mr.. johnson in his wagon going
towards the field. AS l started pick
ed up gun to defend myself with.
did not know it was loaded. l went
down to the wagon and made propo-
sition after proposition, and his wife
commenced hawking and splitting on
me. l was trying to detain him until
Mr.. Faulkner could get there. While
was talking to him he reached out
and. grabbed at my gun, but l stepped
back to get out of reach of him and
to keep his wife from splitting on Inc.
His wife commenced picking up frag-
ments and throwing at me. lie made
a second attempt to grab my gun as l
went up to touch mare that was
hitched to his wagon, telling him il
he would give me mortgage on her
would let him gather the corn. lie
tried to rush his team over me, and
had to get out of his way to keep him
from running over me. When he
stopped he locked his wagon. knew
then he intended TO fight. When he
stopped at the fence l told him lie
must not pull down my fence, and he
must not take my corn and put it on
J another mans land. He started to.
wards me, told him to stand back OF
l will shoot you lie put his hand Oh
his hip pocket and said "shoot, / am
coming!" and gentlemen l shot and
killed him. 1 said stand back three
J times, and stepped back a few feet
He was about ten feet off when shot
He was a game man. ..t
When cross-examined, the witness
stated:
~ had known johnson two years
The two girls, who were present
were my grandchildren. Ihad call
ed them. They were in my yard.
did not intend TO kill johnson when
l started down to where he was.
thought he would shoot me in The
) back, and wanted them to be wit
nesses. I saw no pistol, but l knew
he had one. She spit on me when
3 stopped near my gate. He got Out
J on the left side. He had his whip il
his left hand. After / shot him, HI
| turned around and started back t.
. his wagon and fell. His wife got GU
i of the wagon, and opened his cloth
:. ing, rolled up her sleeves, and bathei
. her hands in his blood. She did moi
] shed tear for some time. r.
The arguments occupied about two
days and the jury took the case Fri
: day afternoon. They remained on
: until Monday afternoon and fail
| ing to agree upon A verdict were dis
charged. This will make another
: trial necessary in November.
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