The daily citizen. [volume] (Asheville, N.C.) 1889-1890, 1889-11-22

! Wnlch CorreSpOnded quite closely with
that of the first witness, the chief points
of difference being that this witness saw
prisoner draw knife from his pocket
before deceased struck him or pulled him
off the wagon, and that deceased gave
prisoner three kicks, the last of which
knocked prisoncrinto the spring, deceased
falling in with him. Witness thought
that the fatal wound was given while
both were in the spring
Thaddeus Sans was next called. Saw
the difficulty. After prisoner came off
the wagon he followed deceased some five
feet before they both turned in direction
| the spring; that deceased either kicked
or pushed prisoner off bank and pris,
Oner came back at deceased with knife
drawn; then deceased struck him again
and at that time prisoner struck him
more than once i'll the abdomen; alter
wards LunStord pushed prisoner into the
spring. Witness also stated that during
the fight deceased had seized prisoners
arm, which was wrenchcd from him and
repeated cuts made by prisoner.
This witness was subjected to a severe
cross-eXamination, which developed the
fact that witness lived on land of the de
ceased also That someone had SAID to
witness, "Dou't Interfere; Lunstnrd has
taken enough off Of Fore already"
Morris Fowler had seen the quarrel at
an earlier stage than the other witnesses.
Prisoner had taken hold of a halter bv
which little boy was leading a horsy,
and refused to g We it up. The boy asked
him to give it up. Lunslord told prisoner
to let horse alone, Prisoner asked de
ceased what business it was of his, to
which Lunstord replied that he would
protect the boy. Several bitter curses
were applied by prisoner to deceased, and
witness saw deceased take a knife from
his pocket, open the blade and return it
to his pocket. Witness then left the
ground in company with his wife and
children, remarking that there would be
a fight and someone might bc killed.
f. Sumner saw the trouble with boy
and horse, but did not see knife drawn.
Then after lapse of live minutes saw
Lunstord return from direction of spring
and i'll direction of wagon, on which
prisoner had taken a seat by the side of
II. a. Luther. Witness heard prisoner
say to Luther that deceased was a 60
-; thereupon Lunstord approached
and demanded its retraction which was
refused, and blow was struck by de
ceased. Witness could not testify as to
the facts Of the tight after this.
Burton Ford evidence was not mate
terally different from that of the two
first witnesses and he was not cross
examined.
Here the solicitor announced that with
one more witness the State would prob
ably rest its case, and this would be done
this morning, and the jury were allowed
to retire.
John Berry, who is charged with the
murder of George Bell, was brought into
court, attended by his counsel Mai. W..
II. Malone and W. W. Jones.
The solicitor reported that the State
was ready. The defence submitted an
affidavit of the accused, stating that he
could not safely come to trial at this
time, owing to the absence of Charles
iiarkius, who had heard threats made
by Bell against the accused; that Har-
kinS was in the State of Washington,
but would be present at the next term of
this court.
His honor declined to grant a continr-
ance, holding that the affidavit was not
sufficient.
a venlre OF 20 men was drawn from
the box and ordered to he in attendance
at 10 O'Clock on Monday morning.
Weatherwise and Otherwise.
The phrase dirt cheap is now omitted
from our vocabulary. Vanderbilt is said
70 be responsible for this.
The pavcments and streets of Ashevile
are well located. You only have to dig
two or three feet to reach them
The weather has been very pleasant
lately. Ovcrcoats have been cast aside
aud last summers suits have been hshcd
out.
One enterpriSing dealer in real cSta
has invented a new wrinkle in that busi-
ness. He carries samples ofhis property
with him.
A real estate man was seen chasing his
property down the street the other dav.
When last seen it was on its way to the
French Broad.
1t has been suggested that the Land
of the Sky" is a misnomcr on account of
the protractcd drought Our city has
been so well lighted lately that some
have p, opposed changing it to the Land
of the Sun"
The absence of mud in Ashcvillc has
undoubtedly suggested the revival of the
expression "he is mean as dirt" When
any one says your name is mud" you
may tlatter yourself that you are very
scare and much needed commodityin this
city.
Asheville always seems to lead the
world. What otherplace has gas COM
pany which will furnish a non-odorlcss,
unobtrusive gas? Yet. last evening the
gas was inadvertently, while in the deep