Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-11-28

sworn. He conducted a restaurant at
Archer and remembered the time he
and Geo. LoWman had the "spat" He
aid not hear George Lowman mention
Dunlap Phinney's name or say any.
thing about a pistol. On cross-exami.
nation he said he was not excited at
the time, but had business to at
tend to.
B. B. Lowman,
Father of the other defendant, was
called to the witness box in his own
behalf After giving aOme prelimin-
aries as to what he did on the day of
the tragedy, he said that in the af-
ternoon Of the day he and his son
George went to Raleigh and hitched
the team to post In front of Gibson's
store. While his son was hitching the
team he went into Gibson's store and
told him he wanted to settle his ac-
count. Phinney was in the store but
left when witness had entered. De-
PENDANT and Gibson entered the office
and he was endorsing some checks
when the shooting began. Witness
rose, and Lawrence Gibson walked out
the door. AS witness rose to leave
the Office, Phinney fired at him,
splinters flying in face of witness.
When | got out the Office Phinney and
| met in about six feet of each other.
We both commenced shooting and |
partially FELL being struck by a bul.
let and my pistol falling from my
hand. He then detailed having his
arm bandaged and going home. Wit
ness never had said anything about
drinking Phinney's blood at New.
SONS commissary. The boys were
quaTrelling and in a pacifying way
said to them blood is thicker than
water" He knew Robert Coleman,
and had never sent any message to
Phinney by him. When he met Phin-
H'N Il' dIttl lhu a uldNn plSNOl anu
when witness fired he believed him
self in imminent danger of great
bodily harm.
On crosse Examination witness said
he had to go In opposite direction
| from Phinney to leave the Office, only
II step or two, when he turned and
faced him. He did not know how
many times he shot Phinney; he was
excited, as most any man would have
been. He did not know it was Phin.
ney's horse at the door or he would
not have entered the store at all
When Phinney shot him he partially
| fell to his hands and knees in endeav.
or To recover his pistol with his left
hand, lie was In that position some
time, and when he got the pistol he
left the store.
Hardy Bitch was recalled and tcsti.
fled ON direct examination that the
reputation Of Dunlap Phiuney was
bad On cross. examination ho admit
ted that his wife was a niece of b. a.
| l.Owmau.
John Robinson, deputy sheriff Of
Levy county also testified that the
reputation Of Phnncy was bad Wit.
ness had daugh = married To a SON
OF H. H. lowmau
! y. Uauknight OF Gainesville knew
Dunlap Phinney from boyhood, up to
sixteen years ago, when he left Waca
hoota His general reputation and
violence up to that time was bad
pr Nj. IL ncpass was recalled. lie
knew Dunlap phiuney I'm his lifetime
and lis general reputation for turhu-
lorcc and Violence VAS had On cross.
examination said hi, knowledge was
from hrarsaN
Hove the defense closed and attor
ucys Tor the state were given 90
minutc\ IN which to confer as to rc.
""''"l testimony they "yId otter
States RebutT
q. G JOINER va, az Raleigh ou DAY
OF KILLING tie went To- bod, O, Dun
. lap phtuu,l. which VAS lying near
east doSr Of building hi, head towards
the door There was an oil tank near
. body. in which tank there we're two
.l.,,l.t h,las ,na mn .,utn Ia. mud