Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1891-02-03
THE TRIAL OF PRATT.
1T STILL. OCCUPIES THE GRIM
INAL COURT.

For Both the Defense and the
PrOsecutiOn-TheA Argument BE
gun This Afternoon by Colonel
=McBrayer.
The criminal court met at 2 O'Clock
yesterday afternoon, and the examina-
ton of witnesses for the state was be-
gun. The prisoner, ]. w. L. Pratt, sat
near his counsel, attired in new suit of
clothes with fashy necktic, and pulled
his long moustache during the examina-
ton.
DR.. w. D. IIilliard tie first witness
examined. He testified: WAS coroner,
| OF Buneonib, county a. ..,.,s ot killing OF
McIntirc and Milster. Saw body of Mil
ster in Hampton & Featherston's bar
and on examining found pistol shot
wound on left side of head, and several
others, six or seven in all. though
cannot recall exact number. Four or
five of the wounds would each have been
fatal Knew Mister and McIntire. Ex-
amned McIntire and found one wound
under left arm. Saw no powder burns
on body.
VIC. Featherston testified: Clerk in
Hampton & Featherston's bar. On the
night of July rs, 1890, Bunk McIntire,
John McIntire and Pratt came in and !
waited on them. Mister camein. Bunk
McIntirc asked him to drink; Mister re-
piled, 81 don't want anything" Bunk
then asked him ohave cigar, but he
declined. Bunk put his hand on Milsters
shoulder and said, 81 want to see you"
and they walked to the rear door. Pratt
was following them. Saw Bunk strike
Mister, knocking his hat off. Mister
stopped to get his hat and threw up his
left hand, saying, 81 thought this had all
been settled" and then backed out at the
door. He put his hand on the railing as
if he were going down the steps. Bunk
caught him and pulled him back on to
the platform. Just then Pratt struck
Mister with something, causing him to
fall back against the railing. Saw al
most simultaneously two flashes from
pistols on right and left side of door.
Then | became frightened and got behind
the wall of the tap room. Next saw Mil
ster come running toward front and
fall on the floor. Pratt passed to front
and Bunk came up, put pistol to Mil
ster's head and fred once. Bunk put his
hand to his side and said, "lm killed. "
Saw Pratt put something in his pocket.
Saw Mister searched and he had no pis-
tol about him.
On cross-examination witness said he
had not told A. II. Baird and J. II.
Hampton that he saw Pratt put a
pistol in his pocket, and did not tell
Baird he saw Pratt shoot Mister.
Chas Engel testified: On the night OF
the killing went to ]. II. Loughran's bar.
Mister asked me to drink with him. He
then proposed to go up street. As we
went up the steps met four men going
down. Knew Bunk Mclntire and Lee
Sorrells. Bunk came running up steps
and words passed between lie and Mil
ster. The latter got his hand on his
pocket, but Bunk put his pistol into Mil
ster's face, saying, "You dirty, common
thief, you can't fool me that way"
Bunk made Mister 60 down into the
bar.
{. NJ. Fletcher testified to hearing two
men cursing and seeing pistol presented
to the face of one. The one with pistol
said; "D-you, you've got to drink
with me-"
l.. M. Young testified: Saw quarrel
about or 8 O'Clock at Loughran's bar
Bunk was cursing and was boistcrous
Said he would fight Mister anyway, but
Mister said they could settle it some
other way. Pratt sat near. Saw Mil
ster talking to ]. II. Loughran, and die
not see him get anything from Lough
ran. Mister left him at door of Sor
rell's bar, and never saw him agaii
alive
Eugene Cunningham saw Bunk pu
f pistol to Mlster's breast and make hin
go down to take drink with him. Mil
ster would not fight Bunk.
Jas. Sorrells saw the Mclntires ant
Pratt the night of the killing, and hear,
Bunk say to his brother John; 9TH
- rascal didn't talk respectfully t,
me-"
Alonzo Lindsay had known Mister 70
seven years. He left Smith & Wesso,
, revolver with A. w. Lindsay to repai
and sell. The pistol was in his father
shop at the time of the killing.
Here tile state rested its case and tn
witnesses for the defence were called
]. W. l.. Pratt, the prisoner, was tn
first witness sworn for the defence. Hi
testimony was as follows: | was guarc
ing the city's prisoners at the time of TIL
killing. Came in between 6 and o cloc
i'll the evening and gave the pistol t
Bunk which | was in the habit {
borrowing from him every morr
ing and returning in the evening
Was at Loughran's with Bunk and seN
! eral Others. Bunk went up steps an
\ soon came back with Mister in front {
y him. Told Bunk to have no fuss. Whe
we left Loughran's went up to Mort
Main street. Bunk said he would G
home if we would drink with him agail
We went to Hampton & Featherston'
}, and while drinking there Mister came il
All spoke to him. Bunk asked him t
drink and have cigar. Mister said
loud tone to Bunk: ~ want to S,
you privately" Bunk said: "And
ss want to see you" They walked towar
back door. John Mclntire said Don
ne let them fuss" started toward the
but they began striking each other b
fore got to them. Mister put his har
In his pocket. caught Bunk by rigl
arm and sad; Men, this won't do
This placed Bunk's left side toward M
ster, who drew pistol, put it to Bunk
side and fired. l loosed Bunk and dro
- ped to my knee just as Mister fired
me. The men Clinched, shooting. TIL,
came toward the front and Bunk WI
A striking Mister with pistol. Mister f
~ and Bunk took the pistol from his hai
and said: "You killed me, and I'll fini
YOU" had no pistol with me, al
owned none.
u Pratt was subjected to rigid eros
II examination by Col. McBrayer, b
nothing new was brought out,