Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-03-30

4 rs.s Of siee for injecting ~ yehn
Willis.
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Arthur-the case Of r. Butler Malone,
charged with an assault with intent to
kill John Willis February IL, 1885,
was taken up this morning-District-
Attorney worthington and Assistant
District Attorney Taggsrt for the Gov
eminent and Hon. John s. Wise and
Colonel G. B. Corkhill for the defence.
John Willis tcolored) testified that
he was q watchman at Welcker's. He
came into the bar-room on the night in
question and saw Malone pulling down
the curtains. He then sent walters for
a cab. When he (Mahone) returned
Mrs. welcker asked him to 90 to bed,
saying that witness would 60 with him.
He then struck witness two or three
times. Finally witness got Malone to
his room and left him very mad. Sub
sequently he came down stairs and
shot at witness several times. Wit
ness caught hold of him, and
the hammer of the pistol caught
his hand. Malone had been drink
ing, and when he struck witness
and witness told him who he was he
replied by calling him niger -.
On cross-examination witness said one
of the shots went through his coat.
They tusseled over the pistol when they
were on the floor, and Malone said,
:" fred at the niger three times and
don't understand why l didn't kill
him." Witness thought Malone shot
four times, but he was somewhat ex-
cited at the time. Witness put Ma
hone in the elevator and sent him
up, and then went up the steps. The
first shot fred was as witness was
leaving the parlor, and it passed through
his coat. Mr.. Wise said they expect
ed to show that there were but two
marks of the balls, and those were in
the ceiling above the window cornice.l
This was the first time he had stated
about the ball going through his coat
bad been examined several times about
the case. Witness had not told Mr..
Glasco that be knew Mr.. Malone did
not intend to shoot him. Did not tell
Mr.. Windsor anything Of the sort ;
never said to Mr.. Corkhill that Malone
fired the shots in the air.
Martin Mccoy testified, contradicting
Willis as to the first part Of the affair,
and said that Willis was struck twice.
After Malone went up in the elevator
he came down hunting for Willis,
threatening him, and he fired at him
three times. One ball went over the
transom, another into the ceiling, and
the third struck a nail and bounded
back. 1t was after the shooting that
Willis got hold of the pistol, and he
called some one to take Malone away.
On cross examination witness said
that Malone struck at Willis but did
not hit him, and Willis pushed Malone
and he fell.
Emil Wagner, steward at the house,
testified that Malone came down say
ing, "Where is that niger? | want to
shoot him." and then the shooting took
place. When two shots were fired wit
ness left.
Theophilus Felter testified that he was
at the house when he heard shooting,
and when he went up several Of the
walters had Mr.. Malone on the floor,
and Willis, who was sitting on him,
struck him. Witness helped to take the
pistol from him, and Malone went back
to his room. Two balls were in or near
the ceiling.
On REORGANIZATION witness said
that liquor made Malone crazy; that
he could not stand much, and was very
drunk that night.
John Welcker and Mrs. Felter testi-
fled as to the condition Of Malone and
his habits.
The testimony of two policemen as to
the arrest closed the Governments case.
TESTIMONY EOR THE DEFENCE.
Hon. John s. Wise testified that
liquor crazed the accused, and while
not drunkard, when he was intoxica-
ted he was exactly opposite to what he
was when sober.
Hon. j. d. Grady gave similar test-
mony.
The District Attorney said there was
no doubt but that if he was so drunk
that he could not form an intent he
could not be convicted Of the intent to
kill, and they proposed to leave this to
the jury.
A VERDICT or SIMPLE ASSAULT.
The Court said that he would not be
satisfied under the circumstances of the
case with a verdict of guilty as indicted
and under the instructions Of the Court
verdict of guilty of simple assault
was rendered.
| THE ACCUSED ADMONISHED AM
FINED.
The Court, addressing the accused
said the circumstances relieved him o
the serious charge. He hoped the cast
would be warning to him. This cast
must have been a terrible aliiction t
his family, and he hoped that he woulC
profit by it. To one whom liquor
frenzies it should be a warning to ab
stain from it. The sentence of fine o
500 was imposed.