The age-herald., 1898-08-17

l the state, and testified as follows
 "I live in Avondale. Don't know Walter
 Cahoon. I knew Will Coughlan. Was at l East Lake Thursday night, August Il. Saw
 a difficulty between Cahocn and Couglan. l Coughlan made a remark about Cliff Ca- l hoon. Said If I was that party l would | soak my head. Walter Cailoon took 1t up
 and said, You wouldn't repeat that in front 1 of Cliffs face.' Coughlan replied, oh, l | don't know. You ain't so warm Cahoon replied, I think I am warm enough for you Coughlan walked away from Cahoon | about ten feet and came to a crowd where Jesse Smith, Joe Cantwell and myself were standing Cahoon came up behind him ani made several remarks. He told Coughlan if | he would come outside what he would do | for him would be a plenty Coughlan did | not reply and Cahoon kept on making re- l marks and asked him out the second time. A number of boys crowded around and | urged Coughlan to go outside end fight
 him. Friends of both parties were present. They both went out of the ioor, followed by the crowd, and when I went out few minutes later they were standing on the steps. Coughlan was standing near the top and Cahoon near the bottom. S'ine onc in | the crowd urged Cahoon to slap Couehlan's s l face and remarked that no one would jump on him. Some one pushed Cahoon and | Coughlan threw up his hands and pushed | him back. Both had gotten on the ground and came to blows. didn't sec the first
 blow. Saw Coughan strike him two blows. | Shot st Third Blow
 "Cahoon was striking at Coughlan and l was backing towards the boat t-house, and | when Coughlan struck tine third time, .c,,- l hoon pulled his pistol and fired. The boys were some distance apart when the shot was fired. To my best Judgment, the dS- | tance between them was about eight feet. Witness was shown diagram of the pa- villion and pointed out the place where the | difficulty occurred and the positions occu- l pied by the principals when the shot was l fired. Continuing his testimony he said: ''The second time Caheon asked Coughlan | out he had his hand on his hip pocket. Ca- hoon attempted to hit back at deceased" Colonel Altman for the defense conducted the cross examination. He took charge or the witness and brought out the following testimony: | "Deceaseds name was Will C-o-u-g-h- l-a-n He boarded with Mrs. Schwein, my
 mother. I did not push Cahoon. on Cough l Ian. Did tell Coughlap to fight. Cough l Ian was about 2 years of age He was l not a boxer. Never saw him have a pair | of boxing gloves. I don't know if Cahoon | is left handed. When he invited Coughlan out the second time he had his hand on his right hip pocket. I didn't notice which one went out first. Don't know that Coughlan went out first. I did not push Cahoon on Coughlan nor Coughlan on Ca hoon. Did not hear Cahoon tell Coughlan that he was smaller than he and did not want to fight Cahoon said if he would go outside what he would do to him would be a plenty. He made several other re- marks that I do not remember. l was absent about five minutes after they went | outside. I went in to get a dance, but did not get 1t and came back. Saw Cahoon l pull his pistol and fire. He was standing about three feet fromsthe porch. Cahoon | was striking at Coughlan. Don't know | whether or not he struck him.
 | I didn't examine Coughan's clothes to see if they were powder burned. Didn't | say that they were standing close to- gether when shot was fired. They were about eight feet apart Don't know who l showed Cahoon on Coughlan Don't knSw l whether Cahoon struck him or not. Saw him strike at him. I was standing about l twelve feet from Cahoon when he shot l Coughlan was standing between Cahoon l and myself. There was big crowd stand l ing around.
 Was Away From Porch
 "Cahoon was not standing with his legs up against the porch. He was about three feet from the porch. I didn't swear out the warrant in this case.
 On redirect examination the witness said:
 Deceased was not armed. I saw Cough Ian showed down the seps. Cahoon was standing near the bottom. Dance was go- ing on at the lake. A number of ladies were present"
 The next witness called was Burke Roberts, who gave the following testi- mony:
 q live at East Wood avn. Know both Cahoon and Coughlan. Was at East Lake Thursday night. was sitting up stairs when the trouble started and came down to see what was the matter. Some one pushed Bob Couch against Walter Cahoon. hn,r Gxyn yafnr 1af WY strike Cahoon twice and Cahoon backed up against the porch and fired. was summoned by the defense. Got two sub- poenas. Cahoon was on step next to top and Coughlan on step next to bottom" "I was summoned by both sides. Heard Walter Cahoon say he did not want to fight I saw Bob Couch showed against Walter Cahoon, who fell against Coughlan. Coughlan did the hitting when the fighting began. He was following his blows up and Cahoon tried to defend himself and was rushed back to the porch. They were about two feet apart when the shot was fired. Coughlan was trying to hit Cahoon. Coughlan was much heavier than Cahoon. The first blow struck Cahoon in the face, the second one in the neck. Cahoon back ed about fifteen feet before he shot.'' Redirect-"There was no obstruction to prevent a person going around the corner of the porch. There was no one standing on that side to prevent Cahoon from going around the porch"
 Joe Cantwell-"I live at Nineteenth street and Avenue D. Don't know Walter Cahoon. Knew VIII Coughlan. Was at East Lake Thursday night Saw difficulty. Didn't hear beginning. Heard them fuss ing. Heard someone say go out side if you want to fight. Left them on the porch
 and wnt inside to dance When I got back
 both were on the ground. Heard both
 boys saying they would fight. Coughlan hit Cahoon twice. They were backing oblique-
 ly towards the porch. Cahoon was not
 standing up against the porch.
 Colonel Altman asked witness whether
 or not person who was being pummelled
 in the face had time to look for place
 for retreat? Objection was interposed by
 the states attorneys on the ground that
 the answer would necessarily be an opin- ion The objection was sustained. Re-direct-"Cahoon and Coughlan were
 standing about two feet apart when the shot was fred"
 Jesse L. Smith-"I live at Avondale.