Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1886-03-19
come out of back room and fall.

,ome out of back room and fall.
Crosse namined. Heard Gibson
say he "didn't mean anything" to
Mccarthy. Irishman knocked up the
pistol the first time. Gibson backed
towards back room. Gibson was
standing erect. Mccarthy was prob
ably 45 years old and reasonably
stout. Gibson appeared to be sober.
Mccarthy, l thought, was drunk.
ROBT. CREAM testified that he
met Gibson in the road after the kill
ing and that he stopped and told what
he had done and showed him the pis-
tol, which had two chambers empty.
1t was a Smith & Wesson No. 3S and
he identified it as Dave Latham's
pistol by rust marks OH the cylinder.
Told Gibson that it was Latham's
pistol. Gibson told me goodbye and
said he was going 10 leave the coun-
try. Said he had played HI.
DR.. E. S. STUART. Was called to
see Mccarthy, He was shot in the
breast just below the sternum and
the ball ranged backward and to the
left. He gasped from to 5 minutes
after I saw him. The killing was in
Christian, $50 feet from the Todd
line.
w. r. ALLEGREE was in Yam
cey's an hour before the killing and
saw Gibson with his knife open
Mccarthy was drunk and Hartman
came into the saloon after Yancey
and told him young man had 9
knife drawn on an Irishman in the
other room. l went out the bach
door.
A. B. LONG, jailer, testified tina
Gibson was lodged in Jail July l6
1885, by a Todd county officer.
This closed the prosecution.
TIE DEFENSE.
Geo. Latham and his sons, Robt.
Dave, John and Nick, and d. c
Phipps, Geo. Reed, Tom Stokes, VIM
S. Tucker, John Crowly and Nicl
Gibson were the witnesses for the de
Tense. Space will not allow us to Civ
their testimony separately, but tn
theory Of the defense was that McCar
thy had made threats about Gibson
That he had inquired if he woul
D be in Fairview that day as he had
settlement to make with him for slaT
+ derous talk about him. That McCal
= thy was a larger and stouter ma
7 than Gibson, and that he was NJ
4 drunk. That he took off his coat
t whip Gibson and that Gibson retrea
q ed to the back room and finally she
0 in his necessary self-defense. Thu
: he had his own pistol and not Dav
: Latham's. The witnesses who test
fled to these facts were all resident
of Todd county, who lived near Gil
a sons home 6 or miles northeast {
Fairview, who happened to be theI
e that day. Most of them are his relt
!. tiyes, the Lathams and Crowley bt
s ing cousins and Nick Gibson h
brother. The testimony for both side
was closed Wednesday morning an
n the arguments began about 10 c'clocl
n Six speeches were made in the cas-
4 three OIL each side. Mr.. D. L. Johr
7 son, opened the defense in q. speec
4 of 10 minutes and Mr.. Z. G. Sebre
n county attorney, followed for ii
/ commonwealth, occupying about Ii
Y same length of time. In the aftel
noon Mr.. John W. Payne spoke a
q hour for the defense and Col. NJ. /
a Brown, of Todd county, spoke som,
!. what longer for the prosecution. M
+ II. W. Henry began the closin
s speech for the defense about 81;
o'clock Wednesday afternoon an
Il after speaking over an hour stoppt
b until Thursday morning when |
- spoke about two hours longer. NJ
i Garnett closed the prosecution wi
- his customary earnestness and fore
4 making one of his most powerful c
forts. The case was given to the j
4 ry at l o'clock.
- Ala o'clock the jury brought in
- verdict OF 81 years in the penitentiar
% Henry Garnett, COL, was given o.
year for grand larceny, yesterd
;. afternoon.