The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1904-05-27

The Case Against Henry Livingston
Decision Reserved.

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disturbing the peace by fighting on
the 18th inst, which had been post
poned, came up for trial Tuesday
morning before May or w. J. Edwards.
The first witness called was 7. V.
Leavengood, who testified in sub
stance as follows:
That he knew Henry Livingston
/ aud w. b. Fuller and that he saw
them engaged in a fight on Tuesday,
MAY l.. Saw Fuller strike Livingston
with his fist and Livingston staggered
nearly falling. Henry Gordon was
standing beside Fuller at the time.
When Fuller struck Livingston, be,
(LeavengOod) ran between them and
tried to keep them from coming to-
gether again. They did come near
each other again though, and as Full
er tried to strike Livingston again the
latter stuck his knife in him. He
heard no loud talking or any demon
stratione before Fuller cursed Living
stOn and struck him. Don't know
whether Livingston was struck in the
face or not. After Livingston had
cut Fuller, he walked a few steps
backward when Fuller picked up two
bricks and hurled them at him. This
took place ia the city of Ocsla, county
of Marion, state of Florida.
Mr.. Henry GOrdOn's testimony was
about as follows:
Mr.. Fuller and myself were walking
along the street and as we came to
the corner Mr.. Fuller said he had to
go to his supper, and L told him that
as my supper was not in that direc-
ton would leave him there. At
this time Mr.. Livingston came across
the street aud Mr.. Fuller called him.
Mr.. Livingston walked up to us. MIR.
Fuller then asked him if the remarks
he had been making about Mr.. Cor
don's negro deputy were intended for
Mr.. Cord On or if they were intended
for him Fuller personally. Mr.. Liv-
iugstOn put his hand on Mr.. Fuller's
shoulder, but as he did so Mr.. Fuller
told him to take his hand off of him,
pushing 1t away. Mr.. Livingston
then replied that be only meant the
remarks for ''guy" to him Fuller.
AS he said this Mr.. Fuller said he was
liar aud slapped him aside of the
head and he livingston staggered
back little. Livingston then pulled
out his knife and cut him Fuller
with it.
In the cross examination the follow
ing questions were asked Mr.. Gordon
by Mr.. r. B. Bullock, attorney for the
defense:
@. Mr.. Gordon was the laying of
Livingston's hand upon the shoulder
done i'm such a manner as to indicate
violence or enmiTy between the par
ties?
A. l don't think so; no sir.
q. Was not the laying of his hand
upon Fuller's shoulder done in such a
manner as one friend would lay his
hand upon the shoulder of another?
A. Well, it was not done in the way
of an assault.
Q. After Livingston laid his hand
upon his shoulder Fuller said what?
A. Keep his "durned" hands off
him.
@. Did he then knock his hand off?
A. Showed it Off
Q. Was that said in an angry tone
by Mr.. Fuller?
A. 1t looked like he was little
"riled."
Q. Was the throwing or showing of
his hand off his shoulder followed
immediately by the blow by Fuller?
A. Yes; just the next instant after
wards.
Q. Are you sure that was a slap and
not lick with the fist?
A. Well, L should not think it was
it didn't knock him down; it looked
a Startling Test.
To save life, DR.. T. @. Merritt, of
No. MehOOpany, Pa, made startling
foSt raSnlfinU in q WOndorf1I o,,ra