Mexico weekly ledger., 1903-10-22

Lupton claimed to have made the dis
covery of the two holes in the shirt
after returning from the funeral. He
claimed to be a friend to both young
men.
Attorney Cullen, upon cross-exam-
nation, ELECTED the statement that
Berry, and not the witness, had found
the holes. Later the witness said he
had kept the clothes in a closet five or
six days after the shooting. He said
they were on shelf.
"Were they not in the safe?n asked
Cullen.
mo, sir, the safe was not big
enough, replied the witness.
A few minutes later Lupton adj
mitted that the closet was the safe,
and Attorney Norton asked the start
ling question about the shirt.
Clay Berry was placed on the stand,
and, while given about ten minutes to
examine the garment thoroughly,
could not find holes which he would
swear positively we're the ones he had
seen at the undertaking establish
ment
s'I'LL KILL HIM."
George A. Morris, Jr., formerly a
clerk for the Mermod Jaccard Jewelry
r COMPANY, testified to having met
!. Barnes in st. Louis in the fall OF 1900
He said on that occasion Barnes had
I told him that he (Barnes) had had
a some trouble the week before witt
Q Rhodes Clay, and that Clay hao
slapped him. Witness testified thai
. Barnes said:
"I,m not afraid Of Clay. II hs
makes another move I'll kill him."
i, Morris proved the, best witness o
the day for the prosecution.
I'll Andrew Winscott, an insurance
man, was then called. He was abou'
r-ltha ~Iatetigencer office, across from thu
d Mexico postofice, on the Afternoon
u of the killing. Several times ina
Is afternoon, he said, he proposed to g
home with Clay, and the latter Away
put him off with the answer: "Wai
e. a minute, or wait a few minutes.
nj Winscott testified that he had bee
re called upon W Clay to prove to Tul
ner, a reporter, that be (Clay) wa
perfectly sober. WInscott's answe
was that Clay had been drinkin
nothing but beer.
1T THE KILLING.
d. Winscott said that he had seen Cla
II enter the ~postoffice three times on I'll
afternoon of the killing, and that 0
10 coming out of the northwest doc
- after the second entrance Clay pc
ceived Barnes entering by anoth'
co door and followed him inside. Barn
We had gone there to get his mail and u
on turning from bis box saw Clay.
al Witness said Barnes backed an
up side-stepped to a door, mean while raj
ing his left hand as If warning Gu
away. Winscott said Barnes oack'
into the street, and while SO doll
waved his hand three or four tim
=. more for Clay to quit following hir
~ All this time Barnes hand was ne
his hip pocket. =,
W A moment later Clay was on u
Ter street level with Barnes, and Wfnsco
ne could not see the position OF Clay
leu hands. Two shots in rapid successi'
/, rang out, and a gun was seen by WI
ne scott, who was looking over Barnt
. shoulder from across the street.
nc- A general fusillade followed, ;
ne witness said, and Barnes was the Ill
to fall. Clay ran up, he said, a
'uy pointed the pistol at Barnes prostra
eiy form and walked away.
Witness could not tell who began
OF fire first.
mt 1t is believed this point will ne'
md be established.
mel Shortly after o'clock Judge Sh
ton adjourned court until 5 o'clo
mt tomorrow morning.
GEORGE W. O'MALLEY