The Russellville Democrat. [volume] (Russellville, Ark.) 1875-1898, 1889-04-18
j. A. Barnard's Testimony.

j. A. Barnard's Testimony.
! live at Dover and am deputy
sheriff. Defendant surrendered him
self to me on the 25th of March, last,
and SAID that he had killed DR.. Mar
berry near his home that day. |
knew deceased and know defendants
wife. Defendant told me that he wait
edfor deceased until II O'Clock Oh the
day of the killing, when he came and
be shot him twice; that after he was
shot deceased called him to him, and
told him that he was badly shot, and
that he wanted defendant to 60 and
get a wagon and take HIM home; that
if he ever lived TO see anybody he
would tell them that defendant was
not to blame, and that if he had
been defendant he would have done
as he had done long ago. (This
witness testimony was substantially
as the BALANCED. Defendant SAID
that deceased had made improper
proposals to his wife, and that she
had told him about it; that he had
been watching his wife and deceased
and that he believed she was perfect
ly virtuous, and had no undue init
macy with deceased. He said that
improper proposal was made to his
wife about six months before the
killing; that his wife had reprimand-
ed deceased for the improper propos
al, and told him that she had regard
ed him as friend. | have been ac-
quainted with Mrs. Ella Forehand
for about six years and know her
general reputation. defendant OBJ
jects to the general reputation Of de
PENDANTS wife being questioned in
these proceedings. Objection over
ruled by the court Her conduct
with DR.. Marberry ives notorious,
and has been talked of by everybody
IN Dover for about two years. Her
general reputation for chastity in
that community was bad and had
been for two years. This reputation
was predcated upon her connection
with Marberry. was an intimate
friend of Marberry's, and frequently
heard him speak of her as highly
accom- lished woman. | know that
there was bad feeling between the
parties since July LIST, last, and | be.
lieve that they both carried arms for
each other. When | found the pis
toll by the body of deceased, | exam
med it, and | remarked to the crowd
that the hammer was hung. | took
out the cartridges and found that
one of them had been snapped upon.
| also saw the keys found by deceas-
eds body. | was in Russellyille on
the dag of the killing. There was
some mud on the breast of deceased,
and | think that | remarked to the
crowd that he had stopped there to
get drink of water from the branch.
The pistol here presented was DR..
Marberry's and he got it from me.
Deceased told me that he had seen
defendant lurking around at an un
usual place, and was afraid that he
was going to hurt him. Deceased |
told me that he had seen defendant |
on a very cold day with shot gun,
and that he did not believe he was
! found deceased's horse
about---yards from where de
ceased was. He was in a tbicket !
and there was considerable sign |
where he had tramped around. De
ceased's pants were unbuttoned |
when he was found; his shirt cuds
we're bloody and ! think there was
some blood on his wrist. After Mar
berry had told me Of seeing defend
ant on the road, l naturally supposed /
that he would arm himself as he said
that he did not want to hurt anybody, |
but did not want to get hurt. (In
answer to question by one of the ju-
~, witness said that he was the firss
man on the ground where deceased
was killed, and saw the pocket book.