The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1888-01-24

you VIII furnish him with money to play with
blacklegs, and be as big blackicg IS any Of
them. Ii sam Jones couldn't outdTaw that
sort of a cad, | wouldE' stay in town."
Mr.. DiXey upon seeing the above express
sion in the Times this morning, at once made
erdeayors to have Mr. Small called to account
legally for what Mr.. Dixey terms lie gotten
up by San Francisco reporter. Finding that
blr. Small could not be well reached under
the laws of Missouri, Mr.. Dixey filed atfdavits
charging the Kansas City Times with criminal
libel. Papers wore served on DR.. Morrison
Mumford, the editor this evening and he was
released on his own recogniZance to appear
Monday morning. Mr. Small has been sub
poened to appear as witness.
Ebert Ware on Trial.
Ebert Ware, colored charged with the
murder Of Charnell Hightower, is now on
trial in the criminal branch Of the superior
court. The circumstances connected with this
homicide are still fresh in the memory of
everybody in Atlanta. 1t occurred On the 2Gth
of last November, in the evening Of the
memorable election day. The afternoon Of that
day young Uightower made a friend visit,
and was returning home by way of Ivy street.
He stopped to watch crowd of negroes who
were marching along the street and yelling.
While standing on the sidewalk he was ac-
costed by several negroes, who began guying
him. One of them, with an uplifted stick in
Hightower answered: Doth" "What are
you?'' again asked one Of the negroes. ~ was
dry" replied the young man. There was con-
siderable confusion. and a rock was hurled by
some one in the crowd and it struck High
tower. He was momentarily stunned and
reeled against tree. He steadied himself
and went home. The next morning he told
his father about the incident, but made
light of it. The next day he died, and
Wednesday morning was buried, his funeral
being attended by an immense concourse of
people. The Young Mems Prohibition club,
of which young llightOWer was a member,
held an indignation meeting and offered a re-
ward for the arrest of the murderer. Detec-
tive Couch undertook to ferret out the crilni
nal, and after three days work. arrested Ebert
Ware. The following day he arrested Isham
Lamar, alias the Baby Elephant" These
two men were accused of the murder, and they
Stoutly denied their guilt. At the recent sit
ting of the grand jury true bills were found
against both.
Isham Lamar and Ebert Ware were in the
court room yesterday morning, when Judge
Richard II. Clark took his seat.
SoliCitor-General Hill announced his readi-
ness to proceed to trial, and the lawyers on the
other side said they were ready. After the
names OF a score or more witnesses had been
called, the judge said he was ready to proceed
with tie case. The question then arose
whether the two defendants should be tried
together, or whether there should be a sever
ance of the cases. TWAS decided that Ebert
Ware should be tried first. AT this point, Col
onel Nat Hammond submitted demurrer to
the indictment. lie made the following ale
cations:
l. The killing is not aycrrcd to have occurred in
the peace OF the state as required i'll section 1920
Of the code.
. Ware is not therein ayerred to have been at the
time OF the killing person of sound memory and
discretion as is also provided III section $50.
). Inc wound Is not aVerred 10 have Eeen Il NOR
tll wound.
l. No time of the death of Hightower is therein
averred, nor does it aver that Iigh0Wer dill die at
any time, nor that he died from any wound therein
mentioned
made any assault on iilghtoNer nor that he struck
him rnla~fully and with malice aforethousht.
g. 40 time or place is alleged as to the striking
mentioned in said pre- entlnens.
Solicitor-G eneral Hill opened his case by
swearing bIr, Charley Armstcad. The wit
ness testified that the evening of November
the 26th he was going home. While walking
along Ivy street he saw four negroes, one Of
whom was the prisoner at the bar. He saw
him huri rock at young white man across
the street Tho young man was Charneu
Hightower Witness hurried across the street
and asked him il he was hurt. The reply was
in tie negative. Witness then started home
and the negroes followed him. He remembers
distinctly that he heard Ware say; "I've
been III tie chGingang once for q niger but
the next time go there it viii be for killing
white man" Tho witness identified the
prisoner at the bar as the man who made this
remark. This statement was not shaken by
the CroSS-eXa minatiOn
The next witness was Mary Cady, colored,
who testified that she was passing up Ivy street
and saw the crowd ofne9Toes. She recognized
lllbert Ware, and saw HIM throw rock at
some one across the street, whom she did not
know. This was the Goth of November of last
year. She was rigidly cross-questioned by Col
onel Hammond, but she persisted in her state
mept,
Or. X. C. Divine described the wound of
which IightoWer died, and stated that it was
produced by rock.
Ernest Floyd colored, was sworn next, and
no Iot OH ftta
thrown Ware was TO his certain knowledge in
another part Of the city, near the brewery
Henry Mathews testified in the same man
nor.
The defendant was allowed 10 make state
ment. He said that he was on Ivy street early
in the night of November 18th. He went over
TO Harris street and met some colored men,
with whom he became involved in a fight. He
then Went home and told his mother that the
policcmen were after HIM She begged him
not to so out again, but he disregarGed her
wishes and Went out again and was soon at the
corner OF Gilmer and Ivy streets He went
into house here where he remained all night.
lie asserted that he did not see young High
tower that night.
William Pauion testified that he was at
Floyd restaurant between 10 and II o'clock,
and saw Ware there. He had difficulty and
Ware said: Il have killed one God id pro-
hbitouist and | will get another" This wit
ness was subjected 10 searching crOsS-eXan-
nation, but he persisted in his statement.
George Floyd, co!orcd, ut whose restaurant
the row between Ware and party of negroes
took place, testified about this trouble. He
came mp the street and met Ware near the
First Methodist church. Ware told him not to
mention anything about having seen him.
Mr.. II. n. Iiightower, the father of the
young man who was killed, was sworn. He
was almost overcome with emotion, and it was
some minutes before he could proceed. He
stated that on the night Of November 26th his
son came home at quarter before 10 o'clock
Charnell was seventeen years old, He did not
see him when he came in that night, and had
no talk with him until the next day. He COM
paned about pains in his head. and when
asked what vas the matter said that some one
had hit him the night before. The hat which
the deceased wore upon that occasion was pro-
duced, and the witness identified it.
The case went to the jury and the result was
n mistrial, eleven against one for conviction.
The lone juryman that stood out against
verdict of guilty was negro.
Recruiting for the Socialists.
CHATTANOOGA, Tenn, january l6.-A man
named Racnau from Fort Wayne, Ind, is in the
city 10 set socialist recruits 10 so 10 Chicago lie
has succeeded in eulistng ten men, who, il is al