The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-04-20
COLSON ON THE STAND
KENTUCKY Ex-CONGREssMAN TEs-
TITLES IN HIS OWN BEHALF.
Scott, for whose Murder
He Is Being Tried.

FRANKFORT. KY. April le.-The OPEN
ing of the third day OF the Colson trial was
delayed almost an hour owing to the alb
sence OF Commonwealth's Attorney Frank
lin: who was busy with the grand jury,
and TO the absence of a witness. John II.
Paxton. OF Anderson county. Paxton came
in and testified that he was talking 10
Charles Julien. who was killed. when the
fight commenced. Paxton said he could
not tell who fired the first shot. as he did
not know there was any trouble until he
heard the first shot. 1t was his impression
that man standing in the center of the
room fired the first shot He saw Colson
follow Scott to the stairs Coison stepped
at the head OF the steps and fired a shot
down the stairs at Scott.
After two other witnesses had testified
on minor points Attorney Franklin an
nounced that the commonwealth. with the
exception OF Sheriff Watwood's evidence.
was ready TO close. The attorneys for the
defense agreed to permit Watwo~d 10 tes-
tify as soon as he arrives Judge VIII
liams in stating the case said the defense
would prove that Scott had made threat
after threat that he would kill Colson on
sight and that the threats had been COM
municated TO Colson; that Colson dreaded
meeting Scott because he knew there
would be trouble, and did everything to
avoid a meeting; that Colson tried TO shoot
around Demaree and hit Scott; that Col
son fired no more shots than he thought
were necessary to put him out of danger.
After Williams closed the court took re-
cess.
In the afternoon the defendant. Col.
David Colson, testified. He gave sketch
OF his life and stated the object OF his visit
to Frankfort when the tragedy occurred.
He said: II did not know Scott was here.
/ met Scott and Golden in front of the
hotel When l saw Scott and Golden L
bore to the left TO avoid meeting them.
but kept my eye on them. l then went
down TO discuss some business matters
with him.
II was sitting in the lobby. Saw Scott
and Golden at their cigar case L watched
the two very closely. Golden and Scott
soon moved. Just before they moved
Scott looked over at me in a way that
caused me TO grow more nervous. Then
Golden started. followed by Scott, both
moving closer to me. Scott stopped and
made demonstration. drawing his pistol.
/ drew my pistol from my left breast. His
second shot was slightly in advance of my
first shot. Scott receded towards the cigar
case and went beyond one Of the posts.
When got 70 the post laid my large re-
volver on chair and drew another or
smaller caliber. Just before laid my pis-
toll down Scott and Demaree both fell.
Scott got up and started towards the stair
way. Scott. in a crouching position. fired
one shot at me. / then took deliberate
aim and tried TO hit him in the head Scott
went down the steps and fired again. He
continued TO go down and L followed him.
When I reached the foot of the steps.
where Scott lay, passed by and went out
of the side door,"
In cross-examination Colson said he did
not know who fired the second shot: did
not remember when Scott caught Demaree,
and that his second pistol was not drawn
until after Scott and Demaree fell He
commenced firing at Scott from the small
er pistol as Scott was getting away. The
big pistol was borrowed before he left
home. Colson was on the stand three
hours.
Major Gootz, of Knoxville, Tenn. who
was provost marshal at Admission. testified
as TO the threats Scott had made against
Colson, stating that Scott had told him
IL Colson and himself ever got back 20 Ken
lucky one would have to die. He said
Scott was very quarrelsome.