The times. [volume] (Richmond, Va.) 1890-1903, 1894-11-22

house and went TO Ferris rouse. j sent
| Mccarthy to the door to see If Mr.. yer,
sis was in. lie came TO the door ana
| when he asked Mccarthy who he waB l
stepped up and introduced aim. | met
! Mccarthy at the corner of Ninth and
| Hull street after | came out Of my house.
and he said. I am nesr dead for
| drink. where can we get one We then
| went into Lathams saloon, afterwards
| | parted from Mccarthy in front OF the
| drugstore
"On Friday. think In the morning.
! Kenney came 10 my shop. as he otten
| We three then went TO Gauls house, ana
! react "a there between and O'Clock
! After stopping for n while we came ~
| rectly back TO my shop, after having
| drink on Second street We stopped In
! my shop for a while and then went TO
| seventh and Marshall streets, where we
! had another drink. Vaughan left us on
! Broad and Seventh street. and kenney
on Main and Ninth streets. There Gaul
| and / took the ear 20 Manchester
WILL MAN oF VOL ~ N BACTEH.
Defendant then repeated his statement
| as to how he went to Atwell's house.
! he said he did not go TO Atwell's door
| himself, IN answer to "A question asked
| by Judge witt because ne had been in
| formed that Atwell was a man Of violent
| character He added. upon being ques-
| toned by Mr.. Richardson. that he had
! never written Atwell a note and never
| asked "A friend to ask AtwelI why he in
suited his wife.
Did YOU state to Mr. Ferris what you
| wanted to see Atwen for?" qucried Dir
| Richardson.
Answer did: told him that Atwen
| mad called my sister-ln-law a liar on my
| account; he abused my child and grossly
| .nsulted my wife He invited me to see
! MN and then he left the city and J
| think ne treated me very badly. | want
| him to apologize. All this happened on
| " edncSday.'
"On Friday Ferris told me that he
| had m!snformed me as % Atwens where
| abOuts. and that he did not 30 out Of
| the city. lie told me that ! would finc
! him a. his place of business near Twen-
| ty-eshth or Thirte;h street, and I thinF
| he shanty was mentioned. Ferris ad
| yised me not to go. He thought II
| uld be a very delicate thing 10 20 and
| look up AtWell at his place Of business
| lie added that he was not ConVerSani
| with the law, but thought that II would
| be better for me not 70 20.
Il have no recollection that | said that
| AtwcH would have 20 apo'osize TO me
| or / would either frail him or he fral
! me. ! also have no recollection or men.
/ tionng TO Ferris that If Atwell cd not
! apologize to me something would happen.
| md he Ferris would see Il In the news
,'Dd you not say TO Ferris that YOU
| were going 10 see Atwcl and that ""
/ 4id not anticipate trouble. but if there
! was any ne Ferris) would sec II in the
papers" asked Mr.. Richardson.
II am positive that | did not say any
! thing about the papers" was the reply
STARTING 70 THE scrN.
From Ferris house" said the witness
| 'ontiuuing. II went home and We had
| .uppcr soon after supper Gaul and ]
vent TO Richmond. We took the Hull
! street car. and transferred on Ninth and
| Main streets. We got off a few steps
above the saloon near the bridge. j.
| was the second time in my life that ]
| entered that saloon. We took a drink
! there and | drank whisky. ! said yes
| terday that on that day took two beers
and one whiskey. ! forgot TO state that
| had 2 beer that afternoon on my way
| 10 Gaul's house before / met him, and
| one on coming back. So / really took
two beers and two Whlskys. The last
| drink / took about fifteen minutes before
| the shooting occurred. on reaching Dock
| street we started TO 90 below the shanty
! seeing an engine at distance, and be
! Hevng that Atwell was on the shfter
but We saw, we were mistaken, and so4n
! turned back When we reached the
scene ] crossed the street and took
stand under the electric light pole.
| sent Gaul to ask AtWell out, and ! 40
not 20 myself, for I did not want ,it.c
! friends. I wanted to talk to him pri-
/ vately. l did not think Of Shelton be
! ing there, and even did not know h ~
! bv name. bat / knew that a nephew OF
! Atwell was there. and that he knew me
! knew Atweirs nephew worked on the
| railroad. | did not hide myself, but
| stood under the electric light. | am
! positive Nunnally saw me standing over
! there: ne was right by there, and heard
| the questions asked. Shelton ana the
| others also knew me, and my name mao
| been called ] am positive mat all OF
| the men saw me stand there. was
within a step Of the post. on the curolns'
| a little to the right facing the shanty
STOOD IN TN SHADOW OF THE LIGHT.
| 81 think ! knew that a shadow Is cast
| around the electric hight but dld MOI
lake it into consideration at that umei
| did not want to screen myself.
| stood i'm the shadow Of the hght.
| "AtwclI did not strike me when he Nrsi
| came over. but he struck al me seVeiai
times. l got hurt on the torehnGer #n ,,..
| thumb of my left hand by sometElnE
! that Atwell had I'm his hand Wach ne
struck TT me. but this happened after |
! had broken my stick. He continued 10 mt
! at me. and struck at ne Two or 1"t pee Se
| times When he succeeded IN striking me
! on the hand our blows met halfway
when the stick broke. | tried then 10 re-
| treat and did so, until a man hpltIcI
| out. xii him" That voice came rom
| tLn 1irartinn where Nunnaly said he
! was sccord afterwards l commenced
! firing During the time he was StI'hlHS
me and / was retreatng ne caIeu "y ="
! C d. sCoundrel several times; lie
| used "a fery loud tone OF voice, but can
| not say that II was loud enough 10 ne
! heard f0rty-hve steps away. am posi-
| tive that / never hedId Al"eI O"l'c
before that time. .,.- -. oe,.,,,
! minutes but for some reason II was pro-
| longed TO almost an hour
PATCHING IN Els TESTIMONY.
| Whom the cross-examination Of McNa-
| NEE was again taken up H. was SHOWN
| the stick. and SAID that ne saw the aora-
! sion ON IL COR the first time on the pre-
/ yious dav. He pointed out the two IN
/ dtntatiour spoken of, and SAID that he
| did not see any more. As far as he knew
| they were not made before the stick was
! rrvaru!shed The stick was then shown
| TO the Jury and after defendant hdd
! looked az il once more, he SAID II looked
! to him as II the indcutatlO0s hdd betH
/ made before the stick had been reNdr-
! nished and if that was the case they
| could not have been made on the hIEnI
! OF the shooting, as II seemed 10 NM
| but ne was no authority on that matter,
| not being fn!sher
/ II did not know said McNamce, now
/ far Gdul was away from AtWeli When the
| first shot was fired, for ] had my back
| turned TO him. AtWell and / were close
! together, but at no time did | close III
| with him. If some of the witnesses SAID
| that Atwcil was closed IN with some one,
/ | say that 1t was not so. ! did not see
! Atwell raiSe both hands, but only his
! right hand lie had d lantern ON his
| left arm. and l would have noticed II
! if he raised that arm. | did not see ms
| lantern go out while we were QEhUrE
! when the FIRST shot was fired AtWeU
ana | were about two yards apart. HIS
face was directly opposite ne. slightly
turned TO the right. The first shot did
/ not strike him; II it had, 1t would have