The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-11-29

on the book was blood or not. He knew
Mr.. Dyer for four years before he was
killed, and always considered him a
peaceable young man. He also had
known Mr.. Mitchell since he was 8
small boy, and this is the first difficulty
he ever knew him to be in.
MITcnELLs PARTNERS STATEMENT.
j. Ill. Windel partner of Mitchell,
deposed as follows: Il was at our store
on Franklin road about 12 o'clock. Tho
show case was pushed towards the
shelves and l noticed blood against the
bottom OF the counter. The show case
was broken and the top glass was not
broken until that day. did not notice
any blood on the show case or book,
but l afterwards noticed what took
to be spots Of blood on the book. / do
not think there would be any trouble
for man of Mitchell's height to strike
another across that show case and
counter"
OnS cross examination Mr.. Windel
said the books had been kept in the
store and had been carried to and from
the house and he did not know when
the spots Of blood had got on 1t.
j. P. Wright testified that he had
known Mr.. Mitchell ever since he had
been small boy and had always con-
sidered him to be quiet, sober, indus
trious, and honest young man.
5. Z. Harris stated that he had known
Mitchell ever since he was child and
had never known him to be in any diff.
fculty before. Witness further stated
that the prisoner went to school to him
one session, and he considered him an
unusually good boy.
ID. ID. Smith, of Vinton, when called,
testified that he had known the prisoner
civ h0 sx~4o
ness, honesty and peacefulness did not
know any one that had better char
acter.
w. G. Patsell was recalled and said
that the next morning after the killing
he had made an investigation and had
noticed splotches of blood on the show
case and counter. He thought that If
man was mad no could strike pretty
hard blow across the showcase.
THE PRISONERS STATEMENT.
ID. II. Mitchell, the prisoner at the
bar, testified as follows: II re-
side on Ninth avenue S. W. in
this city. l was born and raised
in Bedford county and have resided in
this city for four years. l have known
Mr.. Dyer since last April, he opened
an account of $40 with me and was to
pay me in thirty days. He paid me Sl2
| az Ouo tltno huu ID db AuOJQer.
ION the morning of the killing he
came into the store and asked me what
his account was. 1 turned to my book
and looked it up, it was Sl4.03 Mr..
Dyer then said: Il understand you said
L was dead beat | asked him who
told him and he said it did not matter
l then said you have not paid me as
you agreed to, and 1 am not the only
man you have not paid. You have not
paid E. II. Stewart & Co., and you
have not paid the coal man. Dyer then
called me damned liar and struck me
twice, once on the forehead and once on
the neck. He showed the show case
against me, which pushed nae against
the shelves. 1 cut at his arm with a
knife, and when he threwit up tho blade
| glanced and struck him in the neck.
He then walked out OF the store and I
| pushed the show case back on the
| counter and came out. 1 then came in
company with D. V. Reed to the Jail
and surrendered myself"
! THE PRISONER CROSS. EXAMINED.
When cross-examined Mitchell ad-
mitted that he killed Dyer. 81 asked
him" he said, "for the amount due me
every pay day between the fifth of June
and the sixth of October. 1 never had
my hand on Dyer after l cut him with
my knife"
The prisoner then showed the Jury
how the blow was struck, remarking:
81 always hold knife that way. When
he started the account with me I told
him If he did not pay me in thirty days
| would have to stop him. At the ex-
piration of that time he paid me S12
Then stopped him from dealing with
me. went to him regularly each pay
day, and he always promised to settle
his account on a certain day, but when
that day arrived he never showed up"
When asked how he knew that DYER
had not settled his bills with e. FL
Stewart and the coal men, he replied
that he was told that these men had
| gsrnisheed him in the railroad offices.
"Mr. Dyer was larger man than am. +"
Mitchell continued, II think he would
weigh between 165 and ITO pounds
while l only weigh 1877 pounds. could
| not get to hit him as he could me WAC
the reason l used my knife and when I
| struck st him the blade struck his arm
near the elbow. he threw his arm up
and the blade struck him in the neck
| l did not not see Mr.. Dyer have any
! kind OF a weapon.
~ did not come out OF the store until
after Mr.. Dyer lad gone up the street.
| He was the first man 1 ever struck in
my life, and l did not strike him until
after he had struck me and called me
damned liar. l did not know he was
dead until Mr.. Reed told me-"
Mitchell was not sure which hand
Dyer struck him with, as 1t was done so
quickly he could not tell.
At the conclusion of the cross-ex-