The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1907-04-11

court, who told the jury to disregard
the answer. =, s.. e.. ....... ..,.G
John Malone, one of the new mem
bers OF the city council and for the
past eight years assistant cashier OF
rae kanawha Valley bank had known
TAG defendant for about the same
length OF time and had never heard
anything against his character. ~
wMarshall Lacy, the defendant, was
then placed on the stand. He testi-
NED that he was 40 years Of age and !
was born In Kanawha county at the
mouth or Sugar creek, and had lived
mere al his life with the exception
ora year or Two. Lacy, although he
seemed to be or the nervous disposi-
uon' told his story or the Killing in
a straightforward manner. He said
that on the, morning Of the Gath OF
JN!y, he was serving as a night DO
Eeemah In the redlight district and
az about ;12 o'clock on the night of
July 23rd these boys came TO the
Montasne drug store on Court street
He stated, they were driving a wagon
and would drive around and then
come back to the drug store. Tney
grew very boisterous and he started
up toward the drug store."to quiet
tnem AS he approached they drove
into the alley near by and presently
ne heard pistol shot in the alley.
re was AFRAID to go down into the
alley after the three men and start
ed around the other way In an en-.
deaVor to approach them from the
9ther end OF the alley. He met Of
hcer Workman on the corner about
O'Clock. The boys came out of the
alley and returned to the drug store
i've and workman approached them
and told them they would have to go
nome as they were making too much
noise. ALI three were In the wagon
and started off. When they turned
the corner they began to, yell and
the officers again followed them.
fhey overlook the three in the wa
Son-on Young. street and told them
they would have to place them under
arrest. workman placed one Of the
men In the rear of the wagon under
arrest and he grabbed the other by
the arm and took him out Of the
wagon. He had hold Of Mason with
his right arm and had proceeded q
Few steps going in the direction of
the drug store, with Workman and
his prisoner gone on before, when
Mason wheeled around and struck
him on the shoulder. The blow did
not knock him down, but Mason was
free and was running when he threw
his mace at him.
= immediately after he had thrown
Che mace at the fleeing prisoner, the
defendant testified that Mason turn
ed around and sticking one hand in
MS coat pocket said, Don't you fol-
low me o. !. will kill you!" At that
time he said he pulled his gun and
intended to shoot over Mason's head
~ an attempt to scare him, but at
the same moment, his foot slipped In
the gutter and he fell to his knee his
gun being discharged at the same
time. Mason kept on running, he
stated and he thought he had made
his escape. He went to the drug
store and found Workman there with
his prisoner. He then went back
to where the trouble occurred and
as; he turned the corner, Of North
Rand and Young street, he heard. a
noise in the street. This was about
80 minutes after the shooting. He
found man lying IN the treet and
said he raised him up and asked
what the matter was but received no
answer. He then went to the home
of his son, square away and reused
him from sleep and with a comfort
they went back to where the man
lay with the intention Of carrying
him to. the drug store to summon
medical aid. He found the man dead
and saw that he was Mason.- He
was afraid that the colored people In
that vicinity would wreak vengeance
upon him and with his son they
wrapped the body Of Mason In the
comfort and carried it to the bank Of
Elk river and hid it on the bank He
said that at the time he Intended to