The news boy., 1896-05-02
IN THE SECOND DEGREE.
The Murderer Of Mont p. Wade
Gets Ten Years.

jury in the case of State VS.. Dave
Matney, charged with the murder of
Deputy Revenue Collector Wade,
was selected as follows Jesse
Wyatt, l.. S. Lee, John Tippie, r. j.
Church, A. ]. Williams, Thos. 3.
Dodge, E. ]. Malone, J. B. Moore,
J. L. Hale. W. B. Cavanah, A. F.
Jerrils, Joe Hutchison.
Saturday morning the taking of
evidence began. The evidence in
troduced by the state seemed clear
and coToborative, differing only as
to minor details. The testimony of
all the witnesses for the State is
substantially as follows: Mont
Wade. Judge Q Bryan, Judge Russell,
c. W. Hawkins. Oscar Leech, Jas.
Fowler. Jas. Humphrey, VIM. and
Mike HcisScrcr were in Bonnefon S
saloon between 10 and II o'clock on
the night of October 90, 1895, con-
vcrsing and discussing various topics
and occasionally taking drink.
Dave Matney had been employed
as assistant barkeepcr during court
and was on watch. He had left the
bar and seated himself behind the
stove. Wnl. Heisscrer called for the
drinks. Matney did not respond.
Mr.. Hcsserer made the second call
and while Natncy was approaching
the bar in /, slow aud Indifferent man.
ner, Hesscrcr added, by Cd if
you can wait en- us we'll put you
out and wait on ourselves.
This angcrcd Matncy, who straight
encd himself in front of Heisscrcr
and replied, NO Cd d-n man can
put me out.
Here Mr.. Ucisscrer is said to have
apologizcd, explaining that no harm
was meant, but it seems that the
apology only caused Matney to be-
cone more furious. Wade. who was
convcrs;ng with Judge O bryan,
turned to Matncy saying, you d-n
fool, - Ga common expression of
Wade 's) ''nobody wants to put you
out; he (H"isscrer) was only jok-
ing" Here Matncy insultcd Wade,
both became abusive, and only a few
words passed until Wade was shot.
The entire party fled from the
saloon, except Jas. Humphrey and
Oscar Leech. Some fed from fright
while others rushed for doctors, but
returned to find Wade dead and
Matucy gone. Wade's pistol was
found few feet from Wade's body,
but no one could throw any light as
to how it got there. All the witnesses
testified that Wade had both hands
above the counter when he was shot
Judge o Bryan and G. w. Hawkins
were not looking at him when the
shot was fired, but stated that Wade
had both hands above the counter al
instant before. The theory of the
state was that the pistol was either
placed there, or that, in his deatf
struggle, Wade attempted to ge'
out his pistol and that in the excite
ment and shuffling of feet it was
kicked some distance from him. NJ
one testified that Wade made any
attempt to get pistol.
James Humphrey testified that HI
was standing behind and to th'
left of Wade, that he placed his hant
on Wade s shoulder; that he was no
sure whether Wade turned to hin
voluntarily or whether he pulled hin
around; that as Wade turned, hi
right hand dropped off the couute
and at that instant was shot in tn
side of the face by Matney. Thi
would indicate that Wade was no
looking at the man who shot him
On cross-examination Humphre,
said he could not say whether Wade
hand dropped down naturally, o
whether he reached for pistol.
Fowler and Huffman testified tina
Matney had told them ON theevenin
before that there would be somebod
killed or d-n badly hurt before mid
night.
Aside from a few witnesses VIII
were brought in to testify as to Mat
ney's character, the defendant wa
the only witness for the defense
Matney stated that he shot in sell
defense; that Wade had his pistG
raised above the counter, and tina
he could see the barrel and cylinde
when he fired. His statement wa
not corroborated by any witness !
the case.
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