The morning news., 1894-03-23

tragedy
BARCLAYS STATEMENT.
Barclay in making his statement. said
he and Respcss aud Howard went up TO
Mr.. Frazier's together to shave. He put
his hand on Rcspcss and asked II aa
wouldn't shave hlA- Respass cursed Eim
and told MIN not 20 touch min. lie told
ham not to get mad about lJ bcsugss
said he would CCt mad about 10, and le
struck me in the eye. Mr.. Frazier asked
us not TO have any fuss in there, and
left.
l went back to my room, after telling
him ! would see him later I knew hes
. pcss was dangerous man, as had heard
him say his father had killed one man,
ana he had just as soon XIII another !
was sitting 10 the depot with 5JAan when
/ Rtspess came up. 7 told him ue owed me
. an apology. He called me d Lar.
/ ! struck 40 him He drew his pistol and
I / raI around between tho ears, hoping 10
! avoid a dlMculty. Eespess followed on
the pavement and fred at me. the bail
struck me on the side of the head, he be-
I ing somewhat above me ] turned and
/ lreG and he fred again, striking me in
/ the hand. ] then fired the second time.
I With regard 70 the testimony of Mrs
/ Davis hc said some of III was true and
/ some o. 1t was not. He had never told
/ uer that he intended TO kin RCspess that
/ afternoon. He said before he refused to
/ pay her some money. he didn't owe her
she was friendly 20 him, but afterwaTd
she turned against him.
THE STATES CASE.
Mr.. Fraser had the opening and the
/ conclusion for the state. He quoted
supreme court decision in the case OF Rob
erts, which he held was ANALOGOUS TO this
I case. The decision stated that If the de-
! fenlaut had sought the deceased armed
and had put upon the latter tho necessity
/ OF using weapon TO defend himself, and
had then shot him, he could not claim
/ justihaDe homicide. The state would
hold he said. that Barclay had SOUGHT
/ the difficulty deliberately: chat he had
armed himself Tor the purpose, and put
{ ting upon the deceased the necessity of
4 drawing a weapon in his defense. he had
/ then killed hiIn. "a the case cited the
| supreme court had held the defendant
/ guilty OF manslaugntcr as found by the
/ Jury.
MR DTHiGSGS PRES EETs THE LAw.
| Mr. duBigu0u orcued by taking up the
/ law in the case. He said the case cited
/ by Mr.. Erascv was not analogous 10 that
before the court because the defendant
/ had his hand upon his lis ol when he met
/ the deceased, and that le shot his victim
/ before The latter had made any attempt
to use his fis tol.
MIR. dusisuon quoted the decision In
he nm rneIst,pIIs one, r., ,cl.i.b NH ro1.r,.g
vyrra armed and mad s,,,gbt ono ,t,SFbey,
/ Tho s1pre4r.e rot,.t rsv,rssi fbs dsri.,o,
which held Kiftrell rliltv of manqlou-b-
/ ter, because it was held that if Afford
had in the difficulty, killed N!ttrell in
stead Of Eittreil killing Afford, according
to the law OF the lower court he would
/ have been equal guilty Of murder.
MALICE NOT TO Hr CONSIDERED.
Aftar r,ol-ir- tris state,...,t ,,.i+1 r,-
card To tIto lerg 60 faY,as +Je Jeran5,rt,a
Eair,., rr,e. ,-,s ,,,,.,,S.,,,5 ,,- - ~
decision IN Show rAar n +ho ..-e IN rI,S
case fugti6ed bis shooting III. dncaasad
any ,rnIice U,hfr6 ba 7,o,- nv. ,It,,
roirod 7roivst hin, ro,3Ij nor },a,o No.,
talzen into ',o-,st s,.s .i.,,.
NJ 5,.4,t-- .-....s ~
,l. '.oN C..l'il'GSH uis ufs uiiiehu
20 80 .HD luIS ioivlue W lne me
~ - ~ 90 '0 tiiN lia 'lSu ~ out'
l -.-iC ""o ~ u. ul'-' 'o s1''' Ihao i56T-
/ 80 Hu1 az A4t'oN $3.50 ~ S99- liS sAoNeu shoJ
I- ~ 80 I"N @'l.e1 ii nlulslLl ~ y1le oas
iu,.' oli,i La1 NolAeu ugILttI3t tely
w., -, "a -lI L,tI N."| t>,S SlU'IlE lsJtdd Oh
'@",lh eLoi'0t ult C'Clou, "HiCh ne was
,' -. ~ - ~ nc IyIu llLeia %HS no
W 4'.s Noglu .lIAc VIay 5huIA as
i.'u ,1 ale-i IL" flLsS ueeu S-tucn thls IN
5.-, -i,'Ls 70" III 5He eve au4 tHa' bArelay
, lao q IlsAI to qelhahu sa tl5IacJlo4. lie
] 1f. Hg, 49,, Il, ~ 10 -I.
an 9ul peuaIl, showing I1a1 rom tne eVl-
~ oI,' 80 ~ ~ - W out t
| otherwise escape y-as cornroiied 70 draw
| his pistol and defend hirseif
r.r ,,1r,,r-.,,s ..,.,,,-,,,,-.,
s,.,..i.l. go, ','I,
'oll'i ilot General ra7ef maze ONT Tor
IuC IuC staVe .S s1IoAs 2 ueSe as posslDio Gn-
ueI lne eFlueHce. re heIu mat barclay
Sl,lou vas pieLIeul1aVe9. Inc evidence,
/ llt tOlit4AtNt, SIOWGu LDdL IlUrlllN nHu
cong 70 ms room armed himself with a
plsIot ana hd9 soughJ HespesS with the
lhtShJ OF FORCING the dlfcuIty upon hun,
d.t anu tnat feespe5s Grew ms pistol ana
AtGI IN ms own defense lie dweit espe-
| GiaIly on the evidence, tending TO show that
| Barclay hed stated on one or Two Occa-
Respass for the insult which he had
! re held that Parrlav2s actio1 in r,unnirr,
! behind the car when ResDess' pistol yvos
! drawn made him out more of coward, if
! claimed