The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-03-01
PREL IMlNARY TRIAL
OF ENGINEER TAGGART
Acquitted of Charge of Assault With Intent
to Murder Flagman George Dunton-
Dificulty Occurred In December.

The long continued trial of J. w. Taggart,
charged with assault with intent to murder
George Dunton, which has been continued
from time to time since last December,
took place yesterday morning in the police
court before Judge Feagin. The result Of
the preliminary trial was that Taggart was
acquitted on the ground that he shot in
self-defense.
1t will be remembered that on December
10 last, a shooting scrape occurred near the
corner of First avenue and Twenty-seventh
street about o'clock in the morning, in
which Dunton was very seriously wounded
in the left side. For several days he was
thought to be fatally wounded. but he
finally pulled through, and he was ready
yesterday to prosecute his case against
Taggart
Dunton testified that he was the fiagman
on Southern freight train which was to
run to Coalburg early on the morning the
shooting occurred. Taggart was the engi-
neer who was to pull the train, and the en-
CINE left the Southern shops pulling only
the caboose. They were to get their con-
ductor Mr.. Carper. at the yard office in
Twenty-fourth street, but until Carper got
on board, Dunton claimed that he was in
charge of the train. He gave a signal to
the engineer to stop at the water tank in
order to let another train pass but Taggart
refused to obey the signal, and hurried on
toward the yard office as was the custom
before beginning run. This action on the
that he uncoupled his caboose from the en-
La h. axk 1,fx~
Taggart went on to the yard office, got
Conductor Carper, and the two then went
back after the caboose. Carper is said to
have reproved Dunton for cutting off the
caboose.
When finally the party arrived at the
yard office, Dunton claimed that he got up
into the engineers cab and demonstrated
with Taggart for not having stopped when
he Ounton). signaled. He says that Tag
CART ordered him out of the engine. He
complied and started to climb back in his
caboose, and Just as he was on the plat
fort, Taggart shot him In the side, and as
he jumped down and ran toward the Office
Taggart shot him again in the leg.
Taggart in his testimony said that Dun
ton had climbed up in his cab with a big
knife in his hand and had cursed and
abused MIN, Wnen ne (IaSgart) ordered
him out, and enforced his orders by draw
ing his pistol. Dunton got out and went
back to the caboose.
Taggart had In the meantime jumped off
of his engine on the opposite side from that
Dunton had left, in order to go to the office
to get his orders. Just as re got to the end
of the tender he saw Dunton standing up
on the tool box, with the light from the
engines furnace door shining in his face.
HE looked on the right hand side of the
engine" testified Taggart, land not seeing
me looked over on the left side where
was. He saw me and was just making
motion to point what 1 believed to be a
pistol at me, when / shot him. I shot at
him three times, and then started on to-
ward the Office again. Just as ! reached
the end of the caboose he ran toward me
from the other side of the track, and shot
at him again. understand the bullet took
effect In his Leg
In addition to this statement, which was
corroborated by the fireman, large num-
Der of witnesses were introduced for the
defense who testified that Dunton had a
very bad reputation among all the railroad
men, by whom he was considered a very
dangerous character. All of them testified
that Taggart had a good reputation.