The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1899-03-10
THE FAMOUS IRVINE TRIAL
CONTINUED from Second Pagc.)

anu began SHOUTING ut me again /
one shot struck me in the thigh /
turned and started up the embank-
ment and another shot struck me in
the back under the shoulder blade
and passed through my lung. In ten
or fifteen steps l met Sam Nichols.
He asked me for my revolver and /
gave it to him. He (Nichols) said.
why, oh, why did you boys come
over here?' | told him could not
stand such insults to my mother,
but that l did not come for this
trouble that l came only to whip |
him, and shot in self defense. l |
had only one pistol and no extra |
cartridges. Warren did not shoot. |
Could not have shot at Simmons, be-
cause | was between them. AS we
crossed that vacant lot neither of us
said anything about killing any
body.
Q: After the shooting was over,
who did you meet and where did you
go and who was there?
A: / met Sam Nichols and went to
his house; he and his wife were
there; she was very much excited
and Sam took her away from home.
He returned in about five or six
minutes and Warren was with him.
Warren asked me If [ was shot. I
was carried home and was confined
to my room two or three weeks; as
soon as we were able, we were
brought to Jail, and have been there
ever since.
Cross examined by Mr.. Russell; |
am 25 years old. | graduated at the
| Webb school at Bell Buckle, ard at
the Lehigh University of Pennsyl-
vania, and have diplomas from both
schools. The witness, in answer to
questions, detailed, as other wit
nesses have, all about the roads and
the crossing and the way they trav-
eled, and continued: We thought
possibly we would meet Sam
Nichols on our way to the sta
ton; did not expect to meet Sim
mons. When we got in sight of the
station no longer expected to meet
Nichols, and when we crossed the
creek and started South down the
dirt road Tknew Nichols was at the
Lstation. The reason we came by the
Lasting Hope Church road with the
expectation of meeting Nichols was
because he said he would be over
there early that morning with an
apology from Simmons; and
thought if Cam did apologize there
would be no more of it; but if he did
not there would. My brother left
the new road and passed east of the
big tree, where the old road bed still
shows; he looked back towards the
station and said he saw Simmons
and Wisener coming down the rail-
road; we then turned and went back
{ to point near where we hitched our
horses; Warren said, "there comes
Cam and John now" and I looked
and saw them; we followed the path
+ through the vacant lot over the rise
, we did not stop for even the frac.
word was spoken. Yes, sir, we
; crossed that lot in absolute silence
D nothing was said about killing; new.
s er noticed anybody on the way. ]
picked the rock up in the road and
, held it in my hand as a cushion fol
l my fingers; had it for no other pur
pose; held it in my hand and didn'
throw it; dropped it when L went tt
/ draw my pistol. AS we approached
/, each other, Simmons had bott
! hands in his two hip pockets. H.
y said good morning" [ was ther
O in three or four feet of him; Warner
n was to my right and behind, 7 or
feet. When Summons spoke 1 die
not, but struck him with my fist
yes, with the cushioned hand, anC
9 also with the other hand; first in tn
n stomach, then in the face; he wa
= backing with his hands still in hi
~ hip pockets; he pulled his revolver
y struck him once after that, and a
Il he went to shoot I jumped to on
side; don't know when Warren drew
his pistol; he did not fire; had n
;. pistol in his hand when he was fall
70 ing; [ was hit just below the righ
Is shoulder blade; that was the las
10 shot received. Simmons fred tw
or three shots while [ was back
ing. AS he was drawing hi
IA second pistol I fired three shot
. at him he was running up the roa
=" and 1 think his pistol hung in hi
7s pocket, it took him so long to draw
| went about half way down the EN-
bankment; he was below me on leve
Al ground; when / turned and starte
!, up the embankment, 1 was shot i
' the back. Further up the road | me
n Sam Nichols. He asked me if 1 wa
shot. told him | was. He the
asked me, why, oh why, did 20
boys come over here" and 1 toll
10 him II couldn't stand such in
-, ~ suits to my mother; that 1 onl
n came to whip him, but had t
n shoot in self Defense" Yes, sill
we were both armed; but if h
had used his fists, would have con
tinued to use mine; but if he use
~ his pistol, intended to use mine
~ yes, sir, if he shot | intended t
e. shoot, and if necessary to save m
m own life, L intended to kill him. Blu
Of did not want to kill him, and afte
ne he was shot | expressed the hop
ne that he would not die. Yes, sir,
8 brought the difficulty on, intendin
~ to whip him.
n Warren Irvine,
x the third defendant,to be introduced
III was next called. Very much of hi
- testimony was the same as that {
his brother Drew and need not b
repeated here. His mother told hiI
the same she did Drew; and hi
history of their leaving home, tn