Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-27

victor should have the money; that
they did have such Il fight, and Malone
was victorious; that about o'clock in
the evening of the same day the pris-
oner came back to Pooles bar and into
the back room of the building where
Malone was sitting at i table with
several others; that no words at all
were spoken by prisoner or Malone. to
or about each other; that without any
warning the prisoner, from the back
door of said room, fired one shot while
Malone was sitting at the table; that
Immediately thereafter, and in rapid
succession, n second shot was fired;
that between the first and second shots,
ore OF the witnesses endeavored TO
screen himself by getting out of his seat
and falling across the table, and at
the same time Malone, who was Sit
ting with his back to the door at
which the prisoner was standing.
raised up out of his seat and turned
his side toward the prisoner, and was
shot in the side; that Malone then ran
into the barroom proper and fell, and
the prisoner left the door.
This was substantially the testimony
of the witnesses. Lurkins, Gordan and
Thomas, Lurllins having testified also
that on the same evening, a short time
before the shooting. he saw the pris-
oner on the outside of the bar-room.
and that prisoner made some threats
prisoner not to have any further trou-
BILE; that the prisoner then moved off
TO an alley-way. which leads to the
back door CO the room where the shoot
ing occurred. and that within q short
time thereafter the shooting did occur,
as above stated.
The prisoner was the only witness
in behalf of defence, and he stated
that the fight in the afternoon occur
red, but that the amount of money in
dispute was $2.15 instead of fifteen
cents; that the time between the fight
and shooting was about one hour: that
the prisoner had The pistol in his pocket
at the time of the first fight; that he
went back to the bar for the purpose
of trying to get Malone to give him his
money back. and that when he asked
Malone for the money, Malone refused
TO give it up. stating that the matter
had been Gettled.
PRISONERS STATEMENT.
Prisoner also stated that Malone, rs
he supposed attempted at this time TO
draw a pistol on him, and that he CHE
prisoner) then fired the first shot; that
at this moment he saw LurlSinS have
q pistol ana supposed that Lurkins In
tended to shoot him. and he fired the
second shot. This was substantially
tho testimony of the prisoner The
Commonwealth then recalled Lurllins,
Thomas and Gordan, in rebuttal, who
testified that the statement of the pris-
oner as to any conversation between
him and Malone just before the shoot
Ing was untrue: that Malone made no
effort to draw a weapon. nor did Lur
kinS have or exhibit any pistol, but
that AIalone'si back was TO the prisoner
when the first shot was fired, which
shot did not strike Malone but struck
n beer key at or near the table at
which Malone was sitting.
UNSUPPORTED STATEMENT.
The testimony of Lurl<ns. Thomas
and Gordan, all tes;ifying 10 the same
state of facts, is controVerted only by
the prisoner himself. who does not de-
ny the shooting on his part. which re-
suited in the Geath II Malone, or the
previous difficulty ABOUT the money,
and the fight which occurred between
Malone and himself n short time be-
fore the shooting. and which the jury
may very naturally have concluded
furnished tho animus and gave rise to
the motive. however insufficient the
ground for such motive may have been.
The only essential difference between
the testimony OF the last three named
witnesses for the Commonwealth and
the prisoner himself being as to the
amount OF money which il was alleged
the deceased wrongfully withheld from
prisoner, the time between the fight
in the back yard and the shooting the
statement by the prisoner that he went
back TO Pooes bar only for the pur
pose of demonstrating with Malone
about the money claimed by prisoner
at his hands: that he 0he prsoner)
supposed ,hai Malone made an attempt
to draw Il pistol on MIN. and that ut
the same momcnt he saw Lurllins have
n pistol and supposed Lurkns also in
tended 10 shoot him.
The amount Of money in dispute be-
ing larger. and the time between the
fight in the yard and the shooting be-
ing shorter, according to prisoners
statement, might very reasonably be
considered by the jury 10 the prisoners
Disadvantage.
CONTENTION OF COUNSEL.
Counsel Tor prisoner argued that the
time between the FIRST and second shots
was too short to warrant the assump-
tion that Malone vino was sitting with
his back TO prisoner when the first shot
WAS fred. had time To get up from the
table and turn his side to prisoner. This
does not appear 70 have been the only
rational conclusion. in View Of the
statcmont Of one of the Witnesses who
"A 4.