Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1893-03-08
THE WHITTEMORE CASE
H IS BEING HEARD sY JUnGx:
CARTER.
The Proceedings On writ of HAa-
beas Corpus-Testi1nO of wit
nesses for state and Defence.

The Proceedings On writ of Ha-
beas COrpus-TestiInOny of wit
nesses for state and Defence.
The hearing in the habeas corpus case
of "Bud" Whittemore was TO begin at
4:3O yesterday afternoon. At that hour,
however, Deputy Sheriff Morgan had
not returned with two important wit
nesses. and the State, represented by
Messrs. T. r. Ransom and Locke Craig,
objected to proceeding. Attorney Ran
som called Judge Carter's attention to
the fact that the day was nearly gone;
"and," said he, 1.-THE most of us eat
about 6 or O'Clock"
Eyes, we eat too much. too" was the
response of Jas. II. Merrip1on, counsel
for ese defence. and Jude>- Garter then
adjourned the hearing until 10 o'clock
this morning.
When the hearing was begun this
| morning j. M. Whittemore, cousin of
the defendant. was sworn, and testified
that he saw Doc Roberts and Hensley
walking very fast (Roberts with his
right hand in coat pocket) toward
Whittemore's store; stumbled against l..
L. Ray into store and in two or three
| minutes shooting began.
| G. X. Whittemore, a cousin and partner
| of defendant-Defendant was behind
counter near scales. Roberts walked to
Bud and said What S that talk ?" Before
| Bud could reply Docs pistol was partly
out and Bud pulled his pistol and told
| Doc "If you raise your hand I'll shoot
you" Witness left Immediately, and was
outside when shots began. Bud and Doc
| came out and scuffled and Bud took
Docs pistol away from him. Heard Big
| Jim" say, Boys don't do that" and in a
| few minutes jim started out exclaiming,
I'm killed" Heard talk that Roberts
| was DANGEROUS man.
| d. A. McMahan-After the words
passed. Roberts with a quick motion
| brought his pistol to level with his
| waist and fired at Bud, who then fired
| at Roberts. Big Jim Whittemore was
considered a dangerous man. When
| Roberts was excited he was considered a
| dangerous man.
Robt. Whittemore was in store. After
| words passed Roberts pushed Buds pis-
tol aside and fired at him. After fight
| went to mountains with Bud. Bud
| was behind the counter when Doc. came
| in. with his hands down.
j. Nj. Whittemore-Saw Roberts come
in store and heard conversation between
him and Bud, saw pistols pulled and
then stepped up stairs.
For the State John G. Anders was the
first witness. Anders saw Roberts anC
Hensley go in Whittemore's store, fol
lowed by Big Jim, who caught Hensley
and pulled him back. Heard words be
tween the men, then shots and directl,
l
saying I'm killed"
Cling Hensley-Was with Roberts par
of the day; went to Jim Henry Mck,n
ney's with him to prevent Bud stealing
| inns daughter; met Bud there, but al
the parties appeared friendly. Cam
back and went to Docs house when
message came from Bud, and Doc wen
to his own store and Docs wife asked
witness to go down and stop any fus
that might come up. Doc asked him tt
go to mill, but kept right on into Whit
temore's store and the fight began b,
Doc showing Buds pistol aside; as he die
SO the pistol was fired and hit Big Jim
Called for help. Doc went out and But
shot at him. After the shooting Do
went home.
Luther Maney-Was in store and ate
the men began talking l got outside
Saw Bud twist his hand around doc
facing and shoot twice at Roberts.
Matt Burleson-Bud said he had sen
word to Roberts. and that it was we
that no trouble had occurred up tn
creek, as he was prepared for him; tina
| the way Roberts had done him wa
| meaner than -
At this point the hearing was adjourr
ed to 2:3O this afternoon.