Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-01-08
TAYLOR IS ON TRIAL.
A Delicate Point of Law to Be De-
cided in the Bowmaster Case.
STORY OFTHE DUQUESNE MURDER.
Shot Through the Heart While Peeping in
Through Window.
ECHOES FROM THE COURT HOUSE HALLS

The trial of James N Taylor, charged
with the killing of H. W. Bowmaaster at
Duquesne, on the night of December 3, 1891,
was commenced in Criminal Court yester-
day before Judge Porter. 1t is probably
one Of the most interesting cases that has
been in the Quarter Sessions Court for
many years 1t involves the right of man
to shoot tresspasser without being satisfied
that some felonious act is contemplated. In
this case Taylor shot Bowmaster while the
latter was at window. No threats had
been made that would indicate the intruder
was there for the purpose of making an
attack.
The law on this subject says that a man
must not anticipate an attack. killing in
self-defense is justifable when man is at
tackled, or he has been given satisfactory
proof that an attack is contemplated. But
one cannot kill an assailant unless he nom
negligently believes that his life is in dan
ger. The law further SAYS there
is no excuse for killing man
not actually engaged in breaking
into a house or violently threatening
home Nor is killing justifable for the
prevention of trespass or non-felonious en-
trance. In the present case it is to be shown
TO what degree the deceased could be con-
sidered a trespasser with felonious intel-
tions, or what grounds TAYLOR had for the
belief that he or mis- household were in dan
ger of their lives.
The court room was crowded all day yes
terday with interested spectators Taylor
was brought in in the morning He is a
good-looking young man of about 80 years
of age. District Attorney Burleigh and
W. NJ Price are prosecuting the case, while
]. r. McQuaide and W. S. Nesbit represent
the defendant
Burieirh Lays Down the Law.
Mr.. Burleigh opened the case by relating
the story of the shooting and covering a
portion of the points of law outlined above,
saying that people ought to be taught that
they cannot shoot down their fellow beings
unfortunately, without having good
PaSon for doing so.
J. c. Bowmaster father of the deceased,
was called. He saw his son about o'clock
on the evening OF the shooting. They lad
been to a meeting of the Carpenters Union,
of which they were members. He left his
son after the meeting and went home. He
knew nothing of the trouble until the next
morning about 7:39 o'clock when a man
named Atkinson told him his son had been
shot.
Jacob Linkhauer said he and the deceased,
accompanied by Charles Atkinson, had been
together all evening. After the meeting
OF the carpenters had adjourned they all
went to Downey's house and had few
drinks. Then shortly before y O'Clock they
started toward Taylor's house. When they
got in front of the house Bowmaster said,
There is light in the house, and they are
up all night; I'll just take a peep and see
w thprnnnOn a
fence Immediately in front of the window so
that he could see inside. His companions
walked on past the house and in a moment
almost they heard shots from the direction
of Taylor's house. When they heard the
shots they ran up lane. They saw a man
ahead of them whom they thought at the
time was Bowmaster. He disappeared, how
ever. and they did not know until the next
morning that their companion had been
killed.
Charles Atkinson corroborated this testi-
mony.
JOHN Lawson, a neighbor of Taylor's, was
awakened by the shooting and WAS called
over to the honse by Mrs Taylor When he
arrived he saw the dead man and heard
Taylor say he had shot him.
Katie Benefits Story of the Shooting.
Katie Bennett the l2-year-old domestic in
the Taylor family, was the last witness
called by the prosecution. Her testimony
was to the effect that on the night of the
shooting Taylor and the children in
the family had retired. The witness
and Mrs. Taylor were seated on the
floor knitting. with lamp between them.
They heard noise outside which they
thought at first had been made by dog.
Then they heard noise at the window, and
Mrs. Taylor sent the witness to wallen Mr.
Taylor, while she got a 3S-calibre breech-
loading Winchester rifle from the corner of
the room. Mr.. Taylor came into the room,
took the gun and went outside. She heard
three shots and then heard man groan.
When Taylor returned to the house he took
three empty shells from the gun and re-
loaded it. She heard Mr.. Taylor saying he
had shot a man.
The gun, a photograph OF Taylor's house,
which is a one-suory frame, with three
rooms. and the bullet taken from the de-
ceased's body were submitted in evidence
and the Commonwealth rested.