The commercial. (Union City, Tenn.) 190?-193?, 1907-01-25
TIE IMMERSION CASE.
Story Of the Killing Of John Bur
nett.

occupied the attention OF the Cir
cult Court at this place tor th,
past week. The facts in short il
this case are as follows: Some time
before the alleged killing to ol
place, the defendant Emerson is al
legged to have made some remarks
concerning Burnett's courtship and
Burnett ha brought action for
SANDER in the sum of IS. 900 against
Emerson. Not long after this suit
was brought Burnett was shot on
the highway near the house of Jim
erson and Emerson was arrested
charged with the shooting Inner
son claims that he acted in self
defense in the taking of the life Of
Burnett. The State has introduced
a number of witnesses, and the
case has assumed considerable pro-
portions. The defense feels very
confident that it has been able
to show conclnsively that defend
ant Emerson acted in self.defense;
that Burnett was approaching de-
fendant in such an attitude as to
cause him to believe that he was
in some great and m m / n e
danger at the time he did the
shooting. There were no eye wit
nesses to the shooting. Mr.. Jim.
erson was called to the witness
stand Saturday morning and his
testimony was not finised until
Monday. The story he told was
much the same in substance as that
published in this paper at the time
of the killing. This was as fol-
lows.
Emerson, carrying shotgun was on
his way to feed his stock and hogs
The gentlemen lives near Mt. Ararat,
not far from the intersection Of the
Union City and Troy, Hickman road.
He was walking up the main road
north. On his way he met Burnett on
horseback who came in the opposite
direction. Approaching Burnett told
Emerson not to come any closer with
his gun. Emerson replied In language
tC the effect that he would not bother
Burnett il the latter would let him
alone. This ended the matter for a
few seconds until the two men passed
each other Then Burnett suddenly /
around on his horse and or
dered Emerson to hold up his hands,
at the same time Burnett held his
hand behind him. Emerson imme-
diately discharged one barrel Of his
gun over Burnett's head, 1t Is presum-
ed to end the affair without bloodshed.
But Burnett dismounted and Jimer-
son fired the second shot in his side.
Emerson then shot Burnett
again, this time in the head. Burnett
fell or had fallen when the second shot
struck him and expired In few min
ntes.
Emerson then hurried to his neigh
Dor, Mr.. Osborne, and informed him
what had happened, whereupon Mr.
Osborne and some friends took the
body Of Mr.. Burnett home.
Several witnesses were also in
Produced by the defense youching
Tor the good character of Emerson,
testifying that he was always
4 peaceable. law-abiding citizen.
Henry Osborne testified that he
was the first one to the dead body
Ind that he found pistol in the
lust laying by the side Of the dead
nan. He says that he kept .this
pistol for week or more, finally r
iurning 1t over to the attorney.
The State has, however, under
AIKEN to show that Burnett had no
Weapon with him or about his per-
ION that morning, that while he
,wned pistol, he did not have it
With him. butthat IL was at his home I
lnder the head of his bed, where the
lister Of Burnett says in her testi-
nony she found th pistol that
morning after her brother left the
louise. The deceased was shot
With shotgun, and the clothing
by the State. which
ere identified as the clothing
worm on that morning by the de. |
eased, we're full Of shot holes at
lifferent points. The evidence also i
hows that he had been shot in the |
cp Of the head; that there was a !
pot there the size of the palm Of a !
mans hand where shot had entered
he head, and one shot, No. 2 size, s
vas taken ont of the side Of the /
eceased, having passed entirely {
Trough the body and lodged Just i
nder the skin on the opposite side.
me witness. w. B. Griffin. testified Q