The times. [volume] (Richmond, Va.) 1890-1903, 1894-11-21


Mr.. William Godsey vas the next VIII
ress. He said he was in the sha1ty on
Twenty-eighth street just prior TO the
occurrence with Shelton, Carwhile, At
well and Nunnally. when Gaul came and
IN man lOT ASw the testimony of Nun
nally. He stated that after Atweli had
gone out with Gdui he (witnessJ got
up and went 10 the door. when be saw
the two going across the street He had
stepped about two stops outside Of the
house when he saw the lamp in Atwell s
hand culver, when he was rignt at tfle
electric light pole. Thea Atwell hailowod
and was shot. The man who fired the
shot went down Dock street (easD.
arrived there just at the time OF the
shooting. The man who fired the snot
was behind Atwell and wore light over
coat. Three shots were fired. In brief sue
cession. After the first shot witness saw
Atwell bending down. and when he fell
the lamp, which he had In his arm. went
on. He did not tee the man who at
the door asked for Atwell If the stick
found at the spot was broken during the
scuiie. II happened before witness left
the shanty
During his REORGANIZATION witness
said he never saw third man, he only
Atwcll and the man who fred the
shot. but II he had paid special atten-
ton 10 II he might have seen another
man.
J. Il. SHELTON on TaE STAND.
MIR. J.. r. Shelton was the next witness.
He testified as follows:
was IN the shanty when a man carne
10 the door and asked for AtWell. II was
Gaul. | went to the open door later and
saw AtWell and Gaul talking. | went
PACK INTO the shanty and after | cdine
out saw the two men crossing me
street. Next / saw McNdmee hit Atweii
and l saw Atwel strike at McNamee,
while Gaul had hold Of Atwell by his
shoulder somewhat sideways, having MS
arm round him. Then McNamee fired
shot at Atwell. standing Gloss by him;
Gaul then turned Atwell loose and ran
up the street. Atwell also tried to run,
When two more shots were nred. After
the last shot McNamee ran up the street
towards Richmond. and Gaul down the
street towards Rockets. | don't know
what McNamee first struck Atwell with.
! saw them plainly, for / was only about
forty steps away 1 heard Atwell say.
Come here" three times after the first
shot had been fired. but did not hear
Nunnally hollow. Atwell had not got
ten yard away when the last shot was
fired. Gaul wore dark clothes, while Nc
Nance had on light overcOat and black
derby hat.
FoLICE COURT TESTIMONY.
Being cross examined by Mr.. Carter
for the accused said that he had testified
in the Police Court that the pistol was
fired just as rapidly as possible.
DID you not say in the Police Couri
that you were standing in the door OF
the shanty when the shoot!ng began
Iueried the lawyer for the Defence
Yes. sir" replied the witness; Il also
said that ] saw Gaul holding AtWeI
when the first shot was fired, and after
ward saw him strike at the yard CON
duCtUr.'
MIR Carter then read from a statement
of the witness before the cOrCner's jury,
in which ne said he did not see Gdui
mold AtWell. but saw him strike him.
fII Is4ff at
now in connection with the matter than
II did on the day after the killing?
interrOga1ed MIR. Carter.
Yes, sir; what / am telling you now
is the fact"
Mr. shelton" the counsel for the de-
fence continued. the reporter VINO at
tended that inquest quotes you as say
ing hat you aid not see Gaul holding
Atwell, but saw him strike him. Is
that correct?"
NO, sir" responded Shelton.
Didn't you sign the paper before the
coroner's jury containing the statement
we have just referred tor
Yes sir; but | must not have been
paying attention to the paper"
Are you In The habit Of signing docu.
ments you have 10 swear to without
paying attention u themr asked Mr..
Carter.
mo, sir, you know never had any.
thing TO do with one of these cases be-
fore"
After some further unimportant inter.
roGduons, this with SIS was told 70 stand
aside. Shelton is a nephew OF the de-
ceased
MICRO BOZ.
negro youth, Fletcher Morton, was
called next, and he told very straight
and suCCinct story Of the affair for the
Commonwealth. He said that on the
night Of the killing he was down by MIR.
Lees lime-kiln standing in door 'front.'
ing upon the railroad track. right near
the scene Of the tragedy. He heard no
quarrel but saw the difficulty, according
10 his statement from beginning to end.
II saw the man with the dark clothes
on" ne said, Standing in front of the
man who was killed. He grabbed Mr..
Atwell in the breast and struck him with
something like a stick. Mr.. Atwell threw
up his hands, and the lantern which he
held in one Of them slipped down 10
the elbow. He then turned to run, and
holered. The man in the light over
coat then shot him three times, and he
fell. The man in the dark coat went
up the street, and the man with the
light OvercOat went down. That's all |
know"
The negro was subjected to quite rigid
cross examination, but his testimony did
not differ at all from tfat given on direct
examination. He said he was absolutely
positive about what he saw, and retera-
ted what he had said about Gaul holding
and striking AtWell. Fletcher was ques-
toned closely concerning the time that
Gaul ran off, but he always stated posi-
lively that IL was just about the time OF
the firing of the first shot.
How rapidly were the shots fired"
asked Mr.. smith
Just about as fast as the man could
pull the trigger" responded the witness
Was Gaul holding Atwell when the
shooting began"
NO, sir"
The witness was then asked to stand
aside, and court took a recess Tor dlnncr
until O'Clock.
THE AFTERNOON SESSION
At 400 z. NJ. the court again convened
after a recess for dinner, and Mr.. ".
Is. CaTNi Her was called as witness by the
defence. He was employed as brake
man on the 81 liter in December last and
saw Atwell about five minutes after he
had been killed. He saw Nunnally there
ana he witness remained there for
about an hour lie did not see anything
taken from the dead body until the
arrival of the police officers. He heard
the pistol shots fired in rapid succos-
sion,
Police officer Holdcraft reached the spot
about 8:4j L. ", and found AtWeii lying
dead on pile Of stones. Sergeant Mat
thews, in his presence. searched the
clothes OF Atwdl, but did not find Il
weapon on him. not even a knife. When
he returned 10 the Staton-housa he re
ceived information that McNamee did the
shooting and after warrant mad been
Is sued he went to Mlnch e5.ar 10 Nc
Namee's house, but did not find him.
When ne returned to Tie station house
about II o'clock, he earned that Ne
Nance who was there, had given him
self up. When asked by witness. Nc
Nance said there wa no one with HIN
when he did the shooting. He declined
to state who was with him in a ccrtt-n
10 of or.