The daily citizen. [volume] (Asheville, N.C.) 1889-1890, 1889-11-27
CRIMINAL COURT.
SECOND DAY OF THE BERRY
MURDER TRIAL.
The state Rests It's Case, and the
Defence Introduces a Number
of Witnesses-Berry Testifies in
His Own Behalf.

Mrs. p. c. McIntire introduced by the
State, said that on the morning of the
killing Berry came to her home and
asked for her husbands pistol, which she
gave him. He said nothing to indicate
why he wanted it.
Mr. A. T. Summey saw George Bell
after he was shot, in Hill store; he heard
Bell make statement which was writ
ten down in presence of witness by F. L.
Rolie; Bell was informed at the time
either by witness, or by DR.. Hiliard that
his wound was exceedingly dangerous
and probably fatal; witness asked Bell
to state fully what had occurred; did
not hear Bell say whether or not he
thought he would die; witness thinks it
was about fifteen minutes after shooting
when he saw Bell. The State introduced
this witness in order to establish the
competency of Bells dying declaration,
to which the defense objected.
Sheriff Reynolds-Saw Bell within a
few minutes after shooting Bell was in
HilPs store; witness asked Bell how he
felt. He replied Il am killed, l cannot
livc;" witness did not know of any dy-
ing declaration being taken.
The solicitor announced that he would
withdraw the declaration for the pres
cnt
F. A. Wood-Was near the scere of
shooting; some one called out that he,
Berry, had done the shooting, and Berry
replied, 81 done the shooting and would
so it again if he did, or said so and so ;"
witness docs not remember the words
that Berry used.
". F. Elliott-Saw difficulty; was
standing in front of Ellick's fur store
had attention drawn to quarrel; Berry
was standing in front of Bells shop,
about twelve feet from Bell; witness
could not understand what either party
said; saw Berry draw pistol and fire
three times; heard Berry say 81 will kill
airy man who calls me thief" did not
hear Berry say anything about Bell hav-
ing weight.
A. d. Cooper-Ileard pistol fire; ran to
his back window in time to see smoke of
the third shot; saw Berry then lean over,
as though trying to see in Bells shop;
then Berry Strengthened himself and
walked up the street.
Geo. Starnes-Heard shooting, and
could see Berry shooting, but could not
see who be was shooting ut; saw Car
ter in front of Berry, apparently to take
hold of him; Berry told Carter not to
take hold of him or he would shoot him; ;
Carter seemed excited, and had both
hands raised and witness is sure Carter
had nothing in his hands.
State here rested.
After a short intermission to allow the
counsel for defendant to consult with
their client, the prisoner was put upon
the witness stand; he said:
81 am defendant in this case | shot at
Geo. Bell on Monday, September 16; he
was trying to strike me with a weight
he had weight in his right hand; it
was either two or four pound weight
| first saw him with weight behind coun-
ter; saw it in his hand when | fired
he was cursing me; one of his feet was
out of the door; had known Bell for
three years he was about 80 years of
age; he was large, strong man.
Question-"Did you know Bells gen.
cral character for violence?" Objection
by solicitor. Question allowed
Answer-"I knew George Bells char
actcr for violence; he was spoken of as a
fighting, domineering and overbearing
man; he made threats against my life;
these threats had been communicated to
me by Charles Harkins, who is now alb
sent; have not been able to get Har-
kins here yet; Watt Hill told me that
Bell was going to cut my throat; that
Bell had said So Rhinehart told me the
same thing; | got pistol from Mr.. Nc
lntire's house that morning. | got it
because Mr.. McIntire told me that Pat
terson was going to whip me, and adj
vised me to watch out; Rogers also told
me of Patterson's threats; met Bell near
Farmers warehouse he had threatened
my wife that he would have me sent to
the penitentiary, unless she would sub
nit to his wishes; | went to tell Bell
that had not stolen his money; did
not get pistol to attack Bell, but to de-
fend myself against Patterson; l said,
Mr.. Bell, what about that note you sent
my wife he said, II do not remember,
talk about it had not used any vio-
lence towards Bell, nor he to me; Bell
went behind the counter, and into back
room; returned in about half minute !;
| was i'll front room; he was behind coun-
ter; he said, John, there is no use talk
ing any more about that, get out ofhere !"
he had his right hand in his pocket; took
it out and picked up a weight; l came
out of store; he said you have a pistol; !;
| said have no pistol; said so because
did not wish to have any fuss; he then
drew back the weight and called me a
had pistol of my own,
which Bell had at that time; had APP
piled to him to have it returned to me,
and he had not done so; fired rapidly,
then went up the street and met Mr..
Blanton; gave him the pistol, and went
with him to Mr.. Summey's office; l shot