The age-herald., 1900-11-11
ASHBYS' WOUND
 PROVES FATAL Died at HiIIman Hospital at g
 O'clock Last Night AN TI-M0RTEM STATEMENT Declared That Fatal Shots Were Fire d by Dump Mcdonald Without the Slightest Revocation Cor
 oner Held an Inquest
ANTI-MORTEM STATEMENT

1ne DOul6S Ol lWO HleHp Coiu III NSoNA' one shot through the heart and the other with bullet hole through both lungs, ly- ing side by side in the undertaking estap- lshment of Gaudin & Loy, is the sad se- quel to the shooting affray which occurred in the Peerless saloon early yesterday morning. an account of which appears in the city edition of the Age-Herald
 The two men who lost their lives arc Thomas Fitzpat trick and Joseph Ashby. In a ward in Hillman Hospital Sandy Cantle- berry lies seriously wounded, while Dump" Mcdonald is confined in the county Jail with a charge of murder hanging over him.
 Joseph Ashby succumbed to his wounds at o'clock last night at the Hillman Hos pital, where he was removed. The wounds of Cantlebery may prove fatal, but 1t Is thought he will probably live to figure as a witness in case which has already be- come intensely interesting.
 Early yesterday morning Ashby made an ante-mortem statement in the presenc of Solicitor Hefin, Dr. Dedman Dr. Berry and Miss Otto, the hospital matron and later to Chief of Police Austin. Last night Chief Austin gave the following as the sub stance or ASnDy $ Stdleniehs'
 "Fitzpatrick and myself were shot by Dump Mcdonald without the sllgnest provocation.- Mcdonald and Cantleberry had gone into the Peerless saloon together and I walked in with Fitzpatrick. Nhlle standing at the bar Cantleoefy and tltZ- patrick became involved in a quarrel over some theater tickets. As the discussion be- came heated Cantleberry picked up char and attempted to strike Fitzpatrick Wlth it. I then grabbed the chair to prevent anyone being hurt, and Dump pulled ms revolver and began shooting f1tzpatIlck pulled his gun but did not use it. He was shot dead by Mcdonald anl fell to the floor. Mcdonald then whlriel and began shooting at me. He shot me through the bedy twice. I had also pulled my gun and shot As I went out the rear door and met the officer I turned and shot at Me Donald, but don't think hit him.
 Cantleberry Was Excited.
 Cantleberry says he was very much ex- cited and can't exactly tell how 1t nap pened. Mcdonald says that his attorneys have instructed him not to make any state- ment to the public and he is following their advice It Is understood, however, that his attorneys will plead self-defense for their client.
 A coroner's inquest was held over the body of Fitzpatrick yesterday afternoon, and after hearing the evidence the jury came to the conclusion that Fitzpatrick had come to his death from gunshot wounds caused by E. P. CDump') Me Donald
 ,ia1 who was the first to enter the saloon after the shooting He says he found Fitzpat- rick lying with his head against the bot tom of the counter dead. On a table he found Cantleberry. Mcdonald was stand ing behind the lunch counter in the rear of the saloon. As the officer entered the rear door he met Ashby coming out. When Ashby saw him he stopped, and throwing his arm over his shoulder, fired shot back into the saloon. Officer Mcdaniel says he placed Ashby under arrest and then went into the saloon. He said that Mcdonald pointed his pistol at his (McDaniel's) face. McDaniels says he told him not to shoot, and that when Mcdonald saw he was an officer he handed him the pistol saying: What l have done was in self-defense"
 The bullet which killed Fitzpatrick was found just under the skin of his back The coroner had it cut out and before the jury and fitted the bullet, Al calibre, in the chambers of McDonald's revolver and also in the barrel. During the investigation So- lictor Heflin entered the room and told the coroner that it was unnecessary to continue the investga tlon, as there was no question as to who did the killing. Cor oner Paris thought otherwise and did not stop the proceedings until the jury had made up a verdict. The coroner says he thought 1t was his duty to ascertain the facts in the case and fix the responsibility for the death of Fitzpatrick
 The Dead Men.
 Coroner Paris examined the personal ef- fleets of Fitzpatrick and found A. letter from his wife dated St. Louis. November '. The wife stated that she was very anx- ious that her husband come home, and that she hoped to soon see him again. It also spoke of an expense account, which she said she was saving for him. The coroner ascertained that Fitzpatrick came from a prominent family, and that both his wife and mother live in St. Louis. Fitzpatrick also has relatives in New Orleans, who are quiet prominent. His uncle was once Mayor of that city.
 Chief Austin received a telephone mes- sage from the father of Fitzpatrick last night, requesting that the body be immed- lately shipped to St. Louis. He said that Fitzpatrick was employed by a private se- cret service bureau, and he supposed that business brought him to Birmingham. The body will be shipped today
 The father of Fitzpatrick, so Chief Aus tin says, stated that the case would be prosecuted, and that an attorney would leave for Birmingham right away to make an investigation.
 It is understood that Joseph Ashby was engaged in some kind of mining enterprise, but the exact nature of his business is un- certain.
 The report that Fitzpatrick was a Mid way snowman was erroneous although if