The Democrat-sentinel. [volume] (Logan, Ohio) 1906-1935, 1906-05-31
The Case of Donby, is Be-
ing Heard.
DAMAGING TESTIMONY
Comes From the State at
the Onset.

murder in the second degree, be-
gan in Common Pleas Court, Mon
day morning. Seine difficulty was
had in securing a jury, almost the
entire morning session being taken
up. The panel as completed con-
sisted of Messers. John ID. Shaw,
w. II, Nixon, Marion Hansel,
Harry Risley, James McLin, Geo.
Shaw, Daniel Bray, John Timber
lake, Samuel Blum, Amos Groves,
j. w. Nixon, and ID. G.. Weltner.
Judge o. W. H. Wright was re-
tanned to assist in the prosecution !;
attorneys for the defense are
Messrs. H. +. Sparnon, John G..
Petit, and f. o. Petit.
The specific crime alleged
against Donby in the indictment
now on trial is that of unlawfully,
purposely. and maliciously killing
Robert Butts. The trouble occur
red on the railroad track in front
of James Johnson's Restaurant, at
New Pittsburg, on the evening of
Sunday, February 25, 1906. A
full account of the shooting, as
then understood, was published in
these columns at the time.
The State occupied Monday af-
ternoon and Tuesday morning in
presenting their evidence. resting
shortly after dinner Tuesday. The
chain as forged by them is, in the
absence of rebutting testimony,
strong against the accused, andis,
briefly, about as follows: Butts
and his friend, James Bridgewater,
became involved in an alteration
with DonbY and some other colored
boys that evening, the trouble
growing indirectly out of a pre-
vious quarrel, in the afternoon,
between Butts and young color
ed man named Alpha Harden,
who, it will be remem bered was
tried here last week for assault
upon Butts. After some words, it
appears that Butts became armed
with pick, and Bridgewater
with a rock, Donby standing his
ground with revolver. On be-
ing urged by friends to lay aside
their weapons, both the white
boys did so; Donby, at the same
time, offered to give up his gun to
two neutral parties, who refused
to take it. 1t is claimed by the
prosecution that Butts and Bridge
water remained unarmed, and
were so when shot. They persist.
ed, however, in taunting Donby,
calling him names, and saying he
was afraid to shoot. Several wit
nesses testified that this was the
extent of the provocation-a claim
which, needless to say, the de-
Tense attempts to rebut. Donby
finally opened fire on the pair,
shooting Bridgewater twice and
Butts twice. The States evidence
is that both were retreating when
fired upon. Donby's third shot
entered Butts back, in the region
of the left kidney, and slightly to
the left of the second lumbar YER
zebra, passing once through the
colon and several times through
the small intestine, and lodging
finally In front, and on his left
side. The other shot merely graz
ed his body under the left arm.
He was assisted to the home of HE |
brother-in-law, George jenkins,
near by, and cared for by physi.
clans. Both Butts and Bridge
water died, within few minutes
of each other, in a Columbus hos
pital, on the following Tuesday.
The general defense to the homi-
eide is on the ground of self-pres.
ervation. 1t was dark, and there
was mixed crowd of white and
colored men at the scene. Donby
is crippled, both feet being very
badly clubbed, and would not
stand much show in an ordinary
fist fight. He claims to have had
good reasons for believing that he
was in great bodily danger. The
white boys had threatened him,
and there were general assertions,
said to have been made there on
that day, that it was time to |