The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-01-14
Leads all North Carolina Daies i'm News 9ulalon

story of the killing as that told by the
Witnesses this morning. He heard the
conversation and heard the deceased
tell the prisoner to keep back or he
would shoot. He said the prisoner
had the pistol when the fatal shot was
fred.
f. T. Lea, heard the prisoner say
that he had as soon kill the deceased
as to kin dog, that he was getting
tired of the Wav he was doing. Mrs.
Laubacher said that about five years
ago both the prisoner and the de-
ceased were trying to sell her sewing
machine The prisoner became very
angry and used profane language,
she said. he said then, SO the witness
swore. that he would kill Joe Murray
if It took him fifty years.
John Shepperd said that he saw the
prisoner pull the deceased from d
buggy fourteen years ago, ana give
him whipping, this evidence was
with the idea of proving premedita-
ton.
Here the state rested its case anG
the defense began at once TO call wit
nesses. Four witnesses We're exam
ined: NJ. H. Jones, jeweler; A. II.
johnson, insurance and real estate;
Dolan Harris, Clerk and Herman
Ifartz, travelling salesman.
Mr. Jones, was passing the scene of
the killing just as the prisoner came
up. He said that the prisoner raised
his hand as if to stop what he thought
would be a fight and that the de-
ceased stepped back ana fred two
shots in quick succession; then the
prisoner started towards the deceased,
and he saw 20 more.
After the killing the defendant came
into Jones place Of business and had
him to cut a ring from finger tnat
was broken There was also a bad
abrasion on his hand.
A. N Johnson heard the fuss be-
tween the deceased and the boy in his
buggy He telephoned the defendant,
and told him that his boy boy was
about to ct into trouble. This caused
the defendant to come. This was the
first evidence to show why Bob Muir
ray should know anything about the
impending trouble. Witness saw the
defendant when he came up and saw
him raise his hand as if to stop the
trouble: heard some one say: watch
out, Joe, Murray has a pistol He
began to run and the firing began inn
mediately. Up to the tie he started tC
run he said that Bob Murray had not
started towards the deceased.
Dolan Harris, saw the shooting
from a distance. said that it was {
struggle all the time, and that Wnef
the pistol was fired it was between The
two men and both had hold of it, hi:
theory was that the pistol was fire(
while the struggle was on fo rits pos
session.
Hertman Hertz. travelling man. wa!
the last witness of the day. He hear(
the fuss and witnessed the shooting
after he had taken refuge behind {
telephone pole. He said that the frs
shot was fired before the prisone
started towards the deceased. In tell
ing of the final shot, he said it wa
between the men and that after TIL
last shot was fred. and the deceased
had releaad his hold upon the, pistol
the prisoner had the gun by the bar
| rel
The effort of the State is TO prov
| that Bob MURRAY, fired the fatal sho
while the defence is contiending tha
the gun was fired by accident Will
both were struggling for it. Their
has been much conflicting testimon.
| during the day. Several times wit
nesses have illustrated the final deatl
scene as it appeared TO them.