The Sentinel=record., 1909-11-11

fight which had kept communities stired
 An incident of the day was the se we're grilling given Fonso Ballard, the man who found the pistol which Mo | Daniel was charged with having on I the day of the tragedy, but which was not found on his wounded body, and which he in "a deathbed statement of the affair declared he never did have on that day.
 | Prosecuting Attorney Means indicat- ed in scores of questions the con- tempt he had for the witness and the 1 positiyeness with which the story of the finding of this pistol was disbe lieved by him. When did you put that pistol there?" and When did you decide to place thalt pistor there for this defense7 were indicative of his line of questioning. The witness stuck brayely to his story of the incidental | finding of the reyolved, and was cor roborated by others who went with him to view the pistol after it was 1 found
 The story of the tragedy told by Fl Walker on the stand was probably the most forceful feature for the de- fense during the day. Walkers story was not moulded in the yerbage that uslually characterizes a defendants story On the stand He talks slow, | probably thinks slow, knits his brow in meditation and, reflection, and is never confused He lodged no issue with an "I don't remember" and seems doubtful seldom
 Frankly Walker tells of the shoot ing of that last day His version is shat he and his relatives and Bill smith. friend were coming to the ely to attend a count trial that morn ing. They did not know that they would meet Mcdaniel Two days be. ! fore he had been shot by Mcdaniel in the count house He had his AS calihe~ Colts in hts pocket and sat on a rear seat of the double seated car. riage.
 A hcrseman cane in gallop down the road ahead Of them, and his fath. CT suggested il was McDaniel. They doubted it at finst Later they knew i' was him. Garland Walker. driving the team, pulled to the left of the ecad because his brother was on the left of the carriage, and lie wanted to force Mcdaniel to nass to his right. McDaniel came along and just as he swung by the carriage pulled a re. volver.
 "l took out my pistol as he came near and raised and fred just about as MeDaniel fred said Walker. Wal ker believes Mcdaniel fired an instant first He states he fired but twice, and that his first shot struck Mo Daniel. knocking him from the horse as the animal swung into the road past them. Walker fired again, this time, he states, when McDaniel had fallen fnom the horse, and was up again in standing posture and facing him.
 This story coinci1es with the yer sion given by othel occupants of the carriage, but differs widely from the dying declaration of Mcdaniel and the oorroborating versions of those near the scene, who did not witness the actual shooting. but did know of i'm 2ortant circumstances in connection herewith
 1 Testimony Summarized.
 Mrs. Bivens was the first witness called for the state. he saw McDan- Tel coming down the road in a swing ing gallop, and heard him singing as he passed. She next heari three shots. Some men followed whlie later in buggy. She could see enough to know Mcdaniel was either thrown or fell from . Aorse. Her testimony was important as to he number of shots fired.
 Hattie Smith heard the shots and ran into the front room for a better view and later on the porch She saw the smoke of a pistol firing from tho rear of tlie carriage. She later saw Fl Walker with pistol and Bin Davis with gun standing in the