Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1907-07-10
ASHBY HAS A HEARING.
Remanded to Jail without Bail to Await
Trial at the August Court.

JTlal al me August G0G[t.
Ed Ashby, the slayer Of Dan
Overcast, was given PREF; binary
hearing before Magistrate H. J.
Overman IN the court houss here
July 3rd. Ashby dose not seem a
man Of ordinary intelligence, and as
may be seen by what follows, that
his plea will be self-defense.
The following is the report sent
to the Charlotte Observer by Mr..
Bost: DR.. Rose Dorsett, the ubiqu-
itous coroner, was the first witness
who declared that the death of
Overcash was caused by>a gunshot
wound entering the neck below
right ear and ranging downward
and diagonalty across the body.
The neck was broken and death
was instant. W. D. Pethel, 81 broth
er in-law, was next up but was no
eye witness to anything except the
ground and his testimony was not
allowed.
Mrs. Minnie Overcast, wife of
the dead man, was next called.
She saw her husband the last time
about Is minutes before Q o'cl ,ck
and the tragedy occurred at 9 or
thereabouts. She declared her
husband had no pistol except a
a % calibre which was left at
home. Her son, Ernest, gave the
same story, both agreeing that
Reese Pethel, about whose wife
the tragedy developed, and Peth
els wife had walked off with his
father and Is minutes later the
shot was heard. When they went
there, nobody was with the body.
The deceased had fallen face fore
most with his hands under him.
The boy, Overcash, went very
much further into the matter and
declared that he and his father
had gone over to Ashby's Thurs
day preceding the homicide on
Sunday and heard the cries of
Ashby's wife, Ogaasash's sister.
The father asked him what was
the matter and Ashby said:
"NoLe of your id business"
and drew a gun on the deceased.
On Friday he heard Ashby say he
intended to kill his father. The
CROSS examination riddled this
story and made the boy admit
that he had not told it on the
coroner's trial.
Jess Russell gave most damag.
ing testimony as to threats. He
said Ashby came to his house Fri
day after the quarrel Thursday
and said: eff l could have gotten
some shells yesterday 1 would
have gotten me man." He then
told of Overcash's coming to his
home and being ordered away.
Ernest Overcash had testified that
Ashby drew his gun. Russell de-
clared Ashby said he would get
the damned s. of B vet.
Cross-examined he said he was
not asked these questions at the
coroner's inquest.
Reese Pethel's testimony for
the State was damaging to the
prosecution. lie said Overcash
armed himself when witness told
the deceased Ashby's story about
relations between Overcash and
Pethel's wife. Overcash said he
would have to take it back. Wit
ness did not see tragedy but saw
Overcash advance commanding
Ashby to "Take it back" and
Ashby warned Overcash, "Stop
Dan, don't come on me-" Then
he shot. Ashby had his gun in
the thicket. Witness lid not see
Overcash's pistol, nor did the
other witnesses, Vergie Overcash
and Edna Rogers, who had heard
Ashby make threats.
Kluttz, for defense, argued that
the State had failed to make out
a case of murder and defendant
introduced no testimony. He
asked for small boud, Carlton
replied briefly that malice is al
ways presumed in cases of assault
with deadly weapons and that =
magistrate could not settle the
matter as the defense had not in
troduced testimony to show self
defense. Mr.. Overman agreed
that the case was not bailable &C.
cording to the evidence.
Columbus just landed meeting