The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-11-03

The preliminary examination of
Officer &. B Gee on the charge of kill
ing j. p. Melhorn last Wednesday morn
ing, before Justices Williams. Pole and
Neal, was resumed yesterday morning
at o'clock at the mayors office.
The first witnoss examined was j. w.
Coombs, whose testimony correspondent
with that he gave before the coroner's
jury.
John T. Trout and = Pitzer were
examined, but no new points were
developed
Officer Gee was then placed on the
stand and examined. He made the fol-
lowing statement:
THE day before this unpleasantness
occurred Mr.. fowler brought me a war
rant on my beat about o'clock and
asked me to go to 116 Third avenue n.
W. and execute 1t. He said that Mel
horn had been discharged from the
Roanoke Sanitary Plumbing Company
and that he (Towler) had been put in
saulted him. He showed me the bruise
on his face where he had been struck.
81 told Mr.. fowler that l could not
leave my beat to go to Melhorn's house.
but that i would arrest him If he came
on my beat. A short time before l was
relieved I sent the warrant to head
quarters to be- put in the hands of one of
the night men. The next morning /
asked If it had been executed and was
told that 1t had not. Shortly afterwards
| mot Mr.. fowler, who said that Mr..
Matson had instructed him to tell me or
any other police officer to guard the
store and keep Melhorn out or he would
have to hire some one to do it. I told
MIR. fowler that could not give my
entire time to that place, but would give
it what attention could.
81 then walked down to Nelson street
and was standing there when Mr.. fowler
came running to me and said: That
man is there now and he has assaulted
me- again. Please take him away from
there said: 4 will go up and see
what can do 1 found Mr.. Melhorn
talking to Curle, the barber. in front of
Towler's place of business. 1 stopped
about ten feet from him and told him 1
would like to speaksto him. When he
came to me 1 said: We have war.
rant for you
"Mr. Melhorn replied: Il have seen
Oho VI tuo anu uX6Q G0at
with him. 1 said: That Is not bust
ness; law is law Melhorn then said
he was going into his place of business,
and told him he could not go in there.
He started in and made q grab at HIM
and tried to get good hold on him, but
could not do so.
"When we got back to the desk in the
store got good hold on his coat and
he dealt me fearful blow on my cheek
then struck at him with my club. /
do not know whether l struck him or
not, but If did, did not hurt him.
Tho fight commenced Immediately
after he struck me. The blow so stunned
me that in the scuffle he got my club
and commenced to beat me with it.
VI started for the front of the store
to summon help to arrest him, when he
beat me to my knees. 1 raised up on
Melhorn was then advancing with tho
club uplitted to give me another blow
and l used my gun. / also appealed to
the crowd present to help me arrest
Melhorn, but no one came to my aid"
Officer William Ware was introduced
but his testimony was ruled out by the
court.
The case was then argued at length
by Roy B. Smith for the commonwealth
and by w. A. Glasgow. Thos. w. Miller
and s. Hamilton Graves for the defense.
This concluded the trial and the court
announced that the opinion would be
reserved until o'clock in the afternoon.
At O'Clock the Justices, the counsel,
the prisoner and q number of spec tators
assembled at the mayors office and
Judge Williams announced the opinion
of the court, who had unanimously
agreed that the accused WAS justi6able
in shooting the deceased, and he was
therefore discharged.
This announcement was received with
cheers by the audience and the friends
OF Mr.. Gee gathered around him and of
fered their congratulations.
The body of the deceased was re-
moved yesterday to his late residence,
ZIG Third avenue northwest. His father
arrived from Freeport. Pa. last evening
and the arrangements were made for
the funeral, which will take place to. day
at 1920 o'clock from the residence, No.
116 Third avenue northwest, and the
interment will be In the city cemetery.
Friends of the family are requested to
attend the services.