The age-herald., 1901-05-31
Proved a Clear Case of SeIf-
 Defense Yesterday
SECOND CASE NOL CROSSED
The Testimony Was Short and Showed That Mcdonald Had Killed Ashby and Fitzpatrick To Save His
 Own Life.

Dump" Mcdonald was tried In the
 Criminal Court yesterday and acquitted
 under the indictment charging him with
 the murder of Joe Ashby. Another in-
 dictment against him for the killing of
 Thomas Fitzpatrick was before the court
 but after hearing the testimony in the
 Ashby case the solicitor asked that the Fitzpatrick charge be mol pressed. Judge
 Daniel Greene granted the request, all
 the witnesses were discharged and
 "Dum" Mcdonald walked forth free
 man.
 This is the end of one of the most sen-
 sational shooting affairs in the history of Birmingham. Two men were killed
 and one severely wounded. The shooting occurred in the Peerless
 saloon at 3 o'clock one morning last fall during the week of the State Fair. Ash
 by and Fitzpatrick had been drinking and one of them started quarrel with Sandy" Cantleberry. man well known | in Birmingham. Mcdonald acted In the capacity of peacemaker and at first per- suaded the men to let the trouble drop. | The row was renewed a few minutes la | ter. however, and pistols were drawn. Sandy Cantleberry was shot and in the l general fight which followed Ashby and | Fitzpatrick were killed.
 Mcdonald who admitted having fired | the fatal shots, was arrested and after l a preliminary hearing was released on | bond. An indictment of murder in the | second degree was found against him | and ySs.erday the case was called for | trial.
 Witnesses Were Few. There were few witnesses to the shoot | ing, and consequently the evidence was
 meagre The trend of the testimony was
 that Mcdonald had acted in self-defense. The only testimony to the contrary was | dying statement from Ashby, made to | pr. Dedman.
 | Dr. Dedman said that Ashby told him | that just before the shooting in the Peer | less saloon that he engaged in a quarrel with Sandy Cantleberry; that Cantieber- | ry had grabbed a chair and raised 1t as | if to strike him and he fired his revolver. l Ashby then said that Dump" McDonaid drew his revolver and shot both Fitzpat- rick and himself
 
 | contradict Ashbys statement and 1t was shown that at the time the dying de- | claration was made that Ashby was un- der the influence of opiates and that at | the time of the shooting he was intoxi- | cated.
 Wade Mothershed and the barkeeper at l the Peerless saloon both testified that | Fitzpatrick and Ashby drew their guns | first and that Dump" was trying to quiet them when Cantleberry was shot. Moth ershed and the barkeeper then ran; one | going to the front door and the other to | the rear. Mothershed said that as he
 ran past the front screen he saw Fitz- | patricks pistol pointed at Mcdonald 8 stomach and that Mcdonald was also
 directly in line with Ashby's pistol Cantleberry testified that after he was shot Fitzpatrick drew his pistol and pre- scented it at Dump" Then Mcdonald drew his gun. Ashby turned and, curs- l ing Mcdonald, shot at him. Mcdonald
 then shot Fitzpatrick and began firing at Ashby. Ashby then ran to the back door | and fell.
 McDonald's Testimony. | Mcdonald was then placed on the stand | and said:
 l T have known Ashby for some time, l but had not seen Fitzpatrick until the night of the shooting. I was in the sa- | loon with them and Sandy Cantleberry. | quarrel came up between Fitzpatrick and Cantleberry, and Ashby and Fitzpa t. rick drew their revolvers. asked them to
 put their guns up; that Cantleberry was | drunk and I would send him home They
 did as I requested, but later the quarrel was renewed. Both Fitzpatrick and Ash | by were drinking heavily. Before I could l stop the second quarrel Ashby drew his | gun and shot Sandy I jumped up and l Fitzpatrick stuck his pistol at my
 stomach and I shot him. Ashby then fired l while my back was turned and he ran 1 back to the rear door and kept firing at | me as he tried to get behind the door. I | emptied my pistol at him.
 When the evidence had been concluded | the attorneys agreed to submit the case I without argument The jury retired and | was out but a few minutes, when they re- 1 turned verdict of not guilty. Lawyers | on both sides admitted that 1t was a clear 1 case of self-defense, and the second case against McDonald was mol pressed. He l will not be tried for the shooting of Fitx- | patrick.
 | Mcdonald received many congratula- l tions upon his acquittal. and after leaving 1 the courthouse he said:
 T have never regretted anything in my | life SO much as I have the killing of those | two men. I feel that did 1t in soIf-de- | fense and the courts have so decided, but | 1t is a source of constant regret to me that was forced to act as did. have been misjudged by a great many persons concerning this affair and many of the | statements made against me were unjust. I am sure I did what any other man | would have done under similar circum- | stances, but I have no i'll feeling against | those who have the wrong opinion of me. | It is all over now and I am again free. | and I trust that those who misjudged me | will see that they are wrong in too quick | ly condemning me-
 | WHEN NATURE. Needs assistance 1t may be best to rem