The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1903-10-16

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his mail Sunday afternoon be met
Marlowe who said that he had chang
cd his mind about who had pOsted
the notice, and that he had the scoun-
DIR spotted and would get even with
him.
o. F. Cordrey, fourth witness, testi-
fed that he saw Marlowe take the
notice down from the tree. Msrlowe
said De thought he could identify the
writing and could put his finger Oh
the scoundrel in less than half AL
hour.
Here the state rested its case.
The defendant made a statement in
his own behalf. He stated about the
notice being posted. That re first
| thought Gibson, Norman and We'll
! hOrner did it but afterwards changed
his mind and felt certain that Brand
did it, but never charged him directly
with doing it. said be was going 10
the store TO get his mail and CARR cd
pistol as was his custom. Had 10
idea OF seeing Brand in the store.
Said when he asked Brand if be did
it be at the same time said that the
man who did do it was q coward and
a scOundrel, using other adjectives
He drew MS pistol from his pocket,
bot with the expectation of killing
! him but 10 prevent Brand from
jumping Oh him. That Brand be-
came very much Infatuated, advanced
toward him and eventually grasped
him aud in the struggle that
ensued, Brand trying to take
the pistol from him sud he trying 10
prevent him from 50 doing, the pistol
went off and Brand was killed.
Mr.. MarlOwe is about fifty five years
old and is rather frall man. He has
a large family.
Mr.. Brand was younger man and
/ IL said 10 have been much stouter.
| He had wife and two daughters.
The people Of that neigh borhood say
he was good citizen and an excellent
workman and was very greatly es
teemed. His funeral was the largest
| ever known on that side Of the river
and one of his neighbors told us that
be saw more men in tears than he
had ever seen at any funeral before.
AFTERNOON SESSION.
Luther Mclean, q nephew of the
! defendant, was second witness for the
defense. He testified that he was
present in the store at the time of the
shooting. That upon Marl0we asking
| Brand il ne posted the notice a quar-
rel ensued in which the lie WAS pass
! ed and that Brand advanced toward
| MarlOwe and the two men clinched.
| That Brand got his left arm around
| Marlowe's neck and began pounding
him in the face with his right hand
and ST Intervals struggling to get the
pistol from Narlowe's hand and dor
ing the struggle the pistol fired and
brand fell dead.
This ended the testimony for the
defense.
The state reopened the case and
placed James Hinton ferryman at
Sharpe's Ferry, on the stand. He
testified that in putting MarIowe
across the river he told him, after
relating the occurrence leading Up to
the quarrel that be had shot Brand,
the ball taking effect just below the
left nipple.
This ended the testimony.
Messrs. Zewadski and Alfred repre-
| sented the state and Mr.. Burford in
the absence of Mr.. r. B. Bullock, rep
resented the defense, all three attor-
neys making very able, very logical,
very cogent and very eloquent pre-
sensations of the case from their res
| pective stand points. The entire day
was consumed in the testimony and !
| the arguments of the lawyers and
it was not until after the lamps were
lighted that the case reached the
court for lis decision.
The court briefly summed up the |
facts and the law relating to the case
| and said that IL would 10 i+o rarratf,l