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 Phinneys 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 chat in the af-
ternOon of the day he and his son
George went to Raleigh and hitched
the team to a 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 bull.
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 Phmney's blood at New
SONS commissary. The boys were
quaTrelling and In paCifying way |
said to them blood Is thicker than
water" He knew Robert Coleman,
and had never sent any message to
Phnney by him. When he met Phin-
ney the latter had a drawn pistol and
when witness fired he believed him.
self in imminent danger OF great
bodily harm.
On cross-eXamnatIon witness said
he had to go in opposite direction
from Phinney to leave the Office, only
a 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 1t was Phin
neys 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 cndcaN
or to recover his pistol with his left
hand, lie was in that position some
time, and when he got the pistol h,
left the store.
} Hardy Bitch was recalled and tcsti
+ fed on direct examination that tn,
, reputation of Dunlap Phuncy was
1 bad. On cross. examination he admit
4 ted that his wife was a niece of II. Is
q Lowman,
! John Robinson, deputy sheriff o.
J. Levy county, also testified that tn,
+ reputation Of Phinnoy was bad Wit
a ness had daugh = married t" a sol
OF H. H. l.Owmau.
j. L. Rauknight OF Gainesville knew
g Dunlap Phinncy from boyhood, up L
sixteen Years ago, when he lett WaCa
" houta Ills general reputation au'
! violence up TO that time was bad
- pr NJ. It. pcPnss was recalled. II,
knew Dunlap Phiuncy In his lifetime
. and his eru,rai reputation for turhu
lcucc and violence was bad. On cross
y. examination said hi, knowledge va
from hcar,a}.
Here the drtrusc closed. and attol
- ucys for the state we're given g
-, mlnutr\ IN which To- coulter as to r,
ru,tal testimony they vyYd orrr
a., States RebutS
- q e Jolucr W., az Raleigh ou Ga
n OF killing tie went to body of uu,
il. hap Phuu,N which Nj, Nlug uoa
n east doSr ~ building h,, head toward
n the door There WAS am oil tank uya
,. body. in which tank there we're Nv
. llull.t holes one ON south sid, an