The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1895-08-15

tempt to get a weapon; l didn't give
him chance to draw weapon. Tut
tie was trying to get his weapon and
to keep US from getting it. 1t ap-
peared that the weapon was in his
| right hand front pocket. Vickers
| never struck Tuttle. / struck him
: once, a glancing blow. Tut5le struck
Vickers with his fist and knocked him
| down.
A policeman's chilly" was intro
| duced and passed to the jury for ex-
animation.
On redirect examination, Dean
said, I didn't see Vickers when he
struck the ground; didn't see Vickers
when Tuttle shot him. Vickers was
to Tuttle. Vickers didn't have
his pistol out. I didn't haye my
pistol out and did not attempt to use
it.
The State placed in evidence the
ordinance of the city of Winston, for
bidding the obstructing of sidewalks.
Deputy Sheriff Frank A. Martin
was the next witness examined. His
testimony, in the main, corroborated
off sidewalk gently; he was not kicked.
When put off he turned and made a
motion for a pistol. Dean struck
Tuttle after Tuttle fired and started
to run. This was the first time / saw
Dean hit him. Tuttle tried to get
away when he found they were about
to find a pistol on him. l didn't pull
my pistol until after the firing.
pulled it then, by Ned, to help Wick
ers. l did rot fire. Showed my
pistol to Mr.. Grogan (nOw one of the
counsel for the defe nse) and he saw it
had not been fired.
The next witness was DR.. d. N.
Dalton, county physician, who attend
ed Vickers The number and nature
of the wounds and result of post
mortem examination were explained.
Vickers died from the effects of the
wounds. The DR.. supposed the party
shooting was over Vickers. the bullet
coming from above. Vickers was
shot twice and his lip mashed. One
bullet entered left side of neck, rang
ing diagonally downward; the other
bullet entered the BODY and cut the
intestines.
During the examination of DR..
Dalton, Col. Boyd, of counsel for de-
tense, seemed to think detailed eX-
animation of the physician unnecessa-
ry, remarking there was no dispute
that the shots killed Vickers; where
upon, Capt. Glenn, for the State, said
this was the first time the admission
had been made. From this it is evil
dent that the energy Of counsel for
prisoner will be concentrated upon
the effort to establish self-defepce.
DR.. Linville was next examined.
Am Coroner; saw Vickers; about 2
o'clock Monday morning, after the
shooting, got note from the Sheriff
that Vickers was dead: saw the two
holes in his body; held an inquest;
summoned jury in regular form; held
to- iv,r of inv nr
Linville exhibited the two balls eX-
tracted from the body. There was a
curious groove in one ball, which, the
DIR. explained, was caused by striking
the collar bone. Ball was 3S calib-e.
Ball ranged down, striking the bone,
then up. Ball in body ranged almost
straight, but little down. Vickers
must have been leaning forward when
he received the ball in neck.
The next witness was f. A. Hine,
came here from Iredell county; was
clerking at Messeck's, Saturday after
noon, 18th May. / came out Of store
to get some cabbage that were on the
front. Heard Tuttle say, search me.
Saw two policemen searching Tuttle:
saw them reach in hip pockets, when
| they started to front pocket, Tuttle
| jerked loose and knocked Vickers
across a crate OF cabbage. Dean
L uUUlC WlUu Ulily duQ hnOChCU
| him down on his knee. Saw pistol in
Tuttle's hand and soon heard two
| pistol shots. First shot struck Wick
ers in the neck. Heard Vickers say
"Oh, Pm shot"
At the close of this testimony, court
| adjourned until $50 o'clock Saturday
morning.
SATURDAY MORNINGS SESSION.
| The first witness called Saturday
morning-R E. Lambeth-stateo
that he was farmer; was here the
day Vickers was killed. His testi
mony corroborated the main circum
stances of the killing, as set forth by
| other States witnesses.
| Parish, of this city, whose testimony
gave a speedy turn towards the ter
mination of the trial.
| Capt. Parish says that he, together
| with several others, saw VickerS aftel
he was shot and when they wen1
| into the room where he was, tn,
Mayor said to Vickers, "tell us how
this occurred"
| Vickers replied: "Iknow what thi
means. know Pm mortally wound
ed, and you want my dying state
ment."
This was about an hour and a hal
after he was shot.
Here the prisoners counsel objected
to Introducing the dying declaration
of the deceased, upon the ground thai
it does mot sufficiently appear that
the deceased was aware of his con
dition. The objection was over-rulet
and the prisoner excepted.
Capt. Parish then proceeded to Civ
/ Vicker's statement, which was sub
stantially, as follows:
/ A crowd was standing in the street
ladies passing had to get off the side
walk; he told the crowd they mus
get off the sidewalk; some got of
went back and told Tuttle that tn
request made was small and il h
didn't stop he would lock him up. III
| (Vickers) went back and saw Dear
trying to lead Tuttle off. When b
went back Tuttle struck him Wick
ers), knocked him down and shot hin
4 twice while he was down.
Upon cross-examination, Capt. Far
ish stated that Vickers was in tn
Police headquarters at the time b
4 made this statement and that DI
Bynum was psesent.
At the close of this testimony, MI
Manly, who was conducting the ez
animation, announced that the Stat
rests.
Whereupon, after brief consultation
upon the part of counsel for the dc
fence, Col. Boyd stated that it was
case for the prisoner.
This brought the presentation o
testimony to an abrupt conclusio
and recess was taken, preparator
, to the argument Of counsel.
Court resumed about 11:3O O'Clock
The Judge asked how many speech
J 4 H~ -