Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-01-17
SHOT IN HIS OWN HOUSE.
The killing of Robert jackson by James
Payne.
THE LATTER ON TRIAL FOR MURDER-sroRY OF
THE WOMAN WHO LIVED WITH THE VICTIM AS
HIS wIFE-TEsTIMoNY OF OTHER WITNESSES.

HIS wIFE-TEsTIMoNy OF OTHER WITNESSES
This morning, the Criminal Court, Judge
Montgomery. convened at 9 o'clock and re-
sumed the trial of the colored man, James
Payne, for the murder of Robert jackson on
August 30th last. From the talesmen drawn
the court proceeded to fill the vacancies on the
jury. Assistant District Attorneys Lipscomb
and Mullowney are counsel for the government
and Messrs. d. W. Classic and C. A. Branden-
burg for the defendant.
THE JURY COMPLETE.
At $50 o'clock the jury was completed as fol-
lows: Willard Metzger. John Bury. John c.
Baum, Linsey Cain. Thad. Bean, Henry KIM
NELL, Geo. W. Hugueley, o. G. Staples, Dornin
Ellis, Walter II. Fill, G. d. Fox, and H. b. Pol
kinhorn.
The defense challenged the entire panel, on
the ground that when ten had been selected
they had been allowed to separate, and also
moved that the government elect under which
count OF the Indictment they would proceed,
both of which were overruled.
The jury was then sworn and Mr.. Mullowney
opened the case for the government Mr. Bran
denburg, for the defendant, said that they ex-
pected to show that Payne was at his own
house and heard the quarrel between Jackson
and the Tollivers; that afterward the matter
was discussed and the lie passed; that Payne
was huOcheu uOWU Dy JACKSON. he (P.) having
been warned that Jackson had a razor, and
that when down he drew the pistol and in the
melee it went off.
TESTIMONY OF THE WIDOW OF THE VICTIM.
The first witness was Anna Jackson, who tes-
titled that she was the widow of the deceased,
and had known Payne two years. She described
the location of the houses in BANDS alley, be-
tween Wilson, Pomeroy, Sd and Az streets.
She mad been to a grocery, and, returning,
found the Tolliver boys talking of dice. They
were at witnesses house about 1890 o'clock,
and both of them struck her husband and went
away. They went up toward Wilson street and
then came back with Payne. Heard Payne
say: "Robert Jackson, the - of - can
get warrant in the morning. but I'll swear he
struck second blow" Deceased went out in
the yard and asked Payne what he had to do
with the fuss; that he was not speaking to
him. Payne repeated the assertion made above.
witness said, ''That's not So" and both of
them struck her husband before he raised his
hand. Payne said to witness, Il was not talk
ing to you" and she replied, I'm talking to
you. Then Payne advanced into the yard. Her
husband said to Payne, you can walk toward
that woman, but you must not hit her." Then
Payne went toward the deceased, and some one
said her husband had razor. and Payne told
him to show his hands. Deceased then showed
his hands. Payne said: You - of a =!
wish 1 thought you had a razor. I'd shoot
you in your tracks," Then he shook his fist in
Jackson's face, and the deceased knocked him
down. When he got up he saw that Payne had
pistol, and witness called to him
that Jim Payne was going to shoot.
Deceased ran around the corner of the house,
and went in, and Payne then opened the door
and shot at deceased, and was about to shoot
again, when witness grabbed him and told him
not to shoot; he then went away.
NOT JACKsoNs LAWFUL WIFE.
On cross-examination witness said that her
right name was Anna Elizabeth Hubbard, but
she had passed under the names of Green and
Jackson; she was not lawfully married to
Jackson.
The defense moved that her evidence be
stricken out, as her name was Hubbard but the
motion was denied.
On cross-examination she admitted that she
had Ratchet, with which she had been cutting
wood, in her hand; that Payne was standing
against the fence and was not knocked COM
pletely down. As Payne raised he pulled out
the pistol from his hind pocket ran after Rob-
ert, opened the door and fired. Robert was
sitting on the bed. When Payne fired he said:
"Oh you - of a -" He cooked the pistol
to fire again, and it snapped. Payne leaned
against the door and reached around and fired
and then closed the door. Witness was between
the door and the corner of the house. The
Tollivers were in the alley at the time.
DIR. f. J. Shadd testified to the wound being
in the upper portion of the left lung.
Mrs. jackson recalled and testified that
there was lighted lamp in the room.
WAS WITH JACKSON.
Hannibal Hailstork testified that he was with
Jackson on the night in question. Jackson
said whoever said he had struck the Tollivers
was a d liar. Mrs. Jackson said some
thing about people telling lies, and Payne went
toward her when Jackson said: you may curse
her but you must not strike her." Payne walked
toward VIII ke1 md
then Jackson ran off. Payne got up and drew
his pistol and fired as he was running, Jackson
being run in the house before it was fired.
Payne ran right up to the door. Payne then
stood for a half minute looking at his
pistol and then left.
Cross-examined-Jacks dared the Tollivers
down to his house and they went, and got to
blows at once, and witness separated them and
told them to go on home and they did. He did
not see the Tollivers again till after the shoot
ing. 1t was after the Tollivers left that Payne
said to witness and Sam LomoX that Jack
son struck Walker Tolliver; Jackson was then
in the house, and he and his wife came out
Both of them said that anyone who said that
Jackson had struck Tolliver was liar, and
they made toward Payne.
OTHER TESTIMONY.
DIR. Lachlan Tyler testified to the autopsy,
August 5, and that the wound was in the left
breast in direct line.
Anna Allen testified thai she lived upstairs in
the house; saw Payne and told him to keep
out of the fuss, saying he had nothing to do
with it. He told her to go to HI; that when
they imposed on the Tollivers they imposed on
him, for they were his partners; then Jim and
Anna got to quarreling, and he made toward
Anna. Jackson then told Payne not to strike
Anna and not to bulge, and Jackson then ran,
Anna calling to him that Payne had pistol
Jackson ran in the house. and witness saw
Payne go to the door and open it twice, when
it slammed too, and the third time he opened
he shot, and was about to shoot again, when
Anna grabbed him. Witness hollered ''mur-
der" and Payne then left.
Mr.. PowDERLY RECEIVING Too Much MAIL.
In The Journal of United Labor issued to-day
Mr.. Powderly says ''Since the session of the
general assembly my mail has trebled; it is to-
day impossible to read what comes to me in
side of eight hours. After spending eight
hours in reading letters there is but little
time left to consider them if answers are re-
quired, and each letter deserves an answer
The last general assembly added to my duties,
but they did not add to the length of the day.
The duty of the general master workman is to
have an eye on the affairs of the order. He
should be permitted to study the great ques-
tions of the day, that he may be educated and
complain because of ill-health or over-work
attending to detail which units me for the
greater duty which 1 should be performing.
All MAIL of whatever character or description,
must in future go to the general secretary
treasurer, John W. Hayes. Do not send any
lattara asking ma IN lecfr1ra for fbayu,;ll ,a