The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-09-06
Mr. KILLING DOWNEY
S n. Bailey Is on Trial the
Second Time.
ILLNESSES FAIL TO APPEAR.
-. csuys would Not wsft for Them
ws.essss sabpen.ed on Behalf
Of Minnie G. reslsr.

%. second trial Of J. w. Batter, the
4 -..s.~ revro miner who shot and killed
{ 80 porney. another negro miner, At
x~~~.stss MAY 2 last in row over
n.~a@vss Mistress, Mrs. Kitty Mccain,
rs begun yesterday before Judge Humes-
a. lane n Bailey sas convicted Of muir
~ ia the second degree, but Judge
pumes set the verdict aside on the ground
800 the Evidence did not warrant such .
e.afox. II was expected that some very
Z ;rsxortant new testimony would BE Of
f,re,i On, each side on the second trial. and
n, t1eferse did have new witness y hose
s><siraony may be more or less important.
IN feeling had existed between the two
uer for some time ever Baiiey's atten-
..ons 10 Doxney's mistress. who was liv-
~ with him, and Bailey carried gun for
sgtss time. expecting trouble. AT the time
a. the shooting Bailey was visiting Kitty
i the absence OF Downey, who. returning
home. becsme angry at finding Bailey
saerr. He ordered Bailey out of the house
snd on his refusing to leave hght en-
eped. Downey using broken chair back
q BasIey's head. whereupon Bailey
tulled his revolver and shot Downe7 three
tmes
The testimony showed that Bailey had
II in for Downsy. who was . stronger man
thsn be. IL was also 20 the effect that az
the exact moment OF shooting Downey
kad taken his hands of Bailey and had
suif striking him, and that Downey was
sunrely unarmed, Anthony Coombs. who
VS. present at the time. but not an actual
eyewitness Of the shooting. testified that
he went into the room TO separate the two
men and Downey let go OF Bailey, and
when Coombs turned his back immedi-
stely afterward he heard the shots.
This testimony. which was almost the
strongest the state had. was not contro-
yerted by the defense In the FIRST trial, but
yesterday they put on the stand Rev. II.
G. Rice. colored preacher, who testified
thai shortly after the shooting he asked
Coombs why he didn't go in and separate
the men while they were anarreiing. and
that Coombs chen replied that the reason
he did not do 50 was because he didn't
want TO get hut. The force of this was,
however. iessened by the witness admit
ting 10 Cross-Examiner Winstock that the
conversation was joking one.
The state had also subpons five new
Witnesses who were expected to testify
that fifteen minutes before going to
Downey's house to beer-drinkiug bout q
committee, as If usual on such occasions,
had searched the crowd for weapons and
bad found none on any of those present.
bailey was q member of this party, and
the inference was TO be derived that he
vent and got his gun just before going to
Dosney's house. These Ave witnesses
wefs subpnnaed to appear today. but
Judge Humes determined on holding o
night session and would not delay the
casa for the arrival of the witnesses. SO,
atsD o'clock last night. all the testimony
On both sides was concluded and the wit
nssses excused.
This morning Assistant Prosecuting At
torney Winstock will open for the state.
He will be followed by Attorney Garner
FOR the defense and Judge Mcbride will
tlose for the state.
Considerable time was consumed in en-
pansiling jury. the defense peremptorily
challenging ten jurors and the state one
Those finally accepted are: J. II. War
mock. Ralph adjust. J.W. Parringer, James
Bowling. Thomas Moore. W. Il. Thomp-
soa. L. II. Chase. q. l.. Case. r. r. Berk-
man. Thomas Hood, Fred A. johnson,
Dan La Ciere