The daily citizen. [volume] (Asheville, N.C.) 1889-1890, 1889-11-27

lie was spoken OF as man OF violent
temper.
RalphZachary-Knew Bells character
he was known as wilful man, and
when drunk dangerous and rrcacherous;
knows Berry's character; it was very
good.
II. S. Harkins-Knrw George Bell; his
character for violence was bad; Berry's
character is good.
Dr. Queen-Knew Geo. Bell; his char
acter for violence was bad; Berry's char
acter is good. On cross examination
this witness said the thought Bell a
"picayunish" sort of man, and explain
ed this adjective to mean that he was
always ready to pick quarrel with any
one.
T. J. Sumner-Knew Geo. Bell; his
character when drinking was bad for
violence; Rerry's character good.
James H. Luughran--Knew Geo. Bells
character he was bad man.
F. P. Lovc-Kncw Bell; Berry asked
witness in July last to get dog of his
from Bell; Bell says Berry has no dog,
but he has something if you can afford
to take it; he has pretty little wife.
L. H. Smith-Asked Bell why he had
shot Bell; he replied because he called
me a - -- and drew weight on
me; would YOU not shoot a man who
weight on you"
Defense closed.
State reioinder.
d. II. Wcbb-Saw Bell put his hand 10
side at the second shot. indicating that
he had received a wound.
E. Breese-Sdw Berry come out OF
Bells market; Bell came to door; waved
his hand said, go off, you come here for
a fuss, and have a pistol now" Berry
replied, II will give any man $40 to find
a pistol on me-" Bell started back saying
90 off, you are a thief; Berry said, repeat
that ; Bell repeated it and Berry fired :;
after third shot Berry said, Il will kill
any man who calls me thief"
J.R Starncs-Had conversation with
Pickcns on morning after the burial, and
Pickcns said Bell had nothing in the
world in his hand; Starnes heard Bell
say he was dying before he made his
statement; Bell when drinking was said
to be bad man.
|. w. Starncs-Knew Bell; did not
know his character; saw Bell five min
utes after he was shot; heard hm say,
Il believe am dead man." he said to
me II think | am killed." and asked my
opinion; went into market one hour
later
+. E. Rolie-Identihed writing OF de-
claration; witness copied down Bells
words; when Summey told Bell that he
had received a very dangerous and prob
ably fatal wound, Bell said, Il know it. "
There was a good deal OF noise, while
witness was writing. Bell was con-
scious and understood all that was said;
after the writing was done it was read
to Bell and he had certain corrections
made before adopting it as his dying de-
claration. The Statcnow offers the dying
declaration, the defendant objects; de
claration admitted subject to objection;
to such parts as may be deemed, inCOm-
petent or irrelevant, and was read to the
jury by the solicitor as follows:
had some difficulty with one John
Berry, at first at the Farmers ware
house, i'll relation to some charge, that |.
Bell, had made to another party Satur-
day night; he said that Berry followed
him up to the shop, beet market, and
asked him, Bell ii he had made such
statement; replied | don't remember
what was said he had lis hand in his
right pants pocket; | thought he had a
pistol; he came inside the shop, and
ordered him out then picked up a two
pound weight; then laid it down; then
ordered him out of the ward; and started
into the shop; when he shot at me; he
shot three times, and the second shot hit
me in the left side; had told him that
did not want any difficulty with him.
The court adjourned to this morning
at 10 O'Clock.