Evening journal., 1909-05-11
BROWNS CASE
GOES TO JURY
COlOred Man Accused Of Muir.
der Says Shooting Was
Accidental
MERELY PLAYING WHEN
WEAPON WAS DISCHARGED

Examination Of witnesses was con-
cluded and the charge delivered to the
jury by Chief Justice Lore in the
Harvey L. Brown murder case in
| oyer and Terminer Court this morning h
/ The jury afterward retired. Brown is
accused of having caused the death of
Mary Stotts by pistol shot on Febru-
AIRY 9. Trial of the case began yes
terday. Brown is represented 10y
James r. Salisbury.
Dr. L. Q. Bullock Of the Homeopathic
Hospital, who was the first witness called
yesterday afternoon testified that the bull
let that pierced Mary stotts back lodged
against the spinal cord.
Dr. ]. w. Bastian. coroners phys.c an,
told Of the post mortem examination and
that blood poisoning following the gun
shot wound caused death.
Mrs. Ildie Houten heard the pistol shot
and later the woman scream. she said she
had heard the Stotts woman beg Brown
not to shoot her any more and Brown re-
piled "Tn kill YOU" She said she had
heard Brown make similar threat a year
ago
Said He Heard Fussing.
John Houten. who lived next door at the
time OF the shooting swore he heard the
couple "fussing."
He said that he saw Brown climb into
the window OF the Mechanic street house.
and that he had a revolver in his back
pocket at that time lie said that he heard
) Brown ask the Stotts woman TO kiss him,
and that she refused. and that then he
heard Brown say, III you don't I'll kill
you" After that the shot came and Brown
came to the door and witness asked him
what was the trouble. He said that Brown
then re-entered the house and locked the
door. and he heard him say to the woman,
I'm going to shoot you" sho was groan-
ing "Oh. you've killed me" over and over
said the witness, and then witness said he
, heard Brown say, "I'll shoot you again.
e Then. said the witness. the Stotts wo-
man pleaded, Don't do H. Don't shoot me
=, any more"
. A rigid cross-examination did not change
the testimony.
q Brown Says Accident.
q Magistrate James W Robertson identi-
$ fed the ante-mortem statement OF tho
# woman Mr.. Salisbury objected to the
l. paper going i'm as evidence as It was sign
ed as MARY staats and the woman's name
was "stotts" The objection was over
ruled as the woman spelled her name
Stats when she entered the hospital
Miss Turner. superintendent Of the Hos
4 pital. stated there was no other coiored
woman there on the day the deposition
was taken.
y, Harvey K. Brown. in his own defense
= testified TO his movements on the after
4 noon Of the shooting He went to the
= Mechanic street house. he said and was
h admitted by Mary stotts who unlocked
n the door to admit him.
d TickIed Her With Gun.
e When he entered the house. he said.
= Mary was lying on a couch with her face
! to the wall She did not turn over when
- he entered and he first placed his hands on
her face and then, as she shrank further
6 toward the wall, he picked the gun from
h the windowsill and tckled her in the ribs
with It, stn she did not turn and he
stuck it down the back Of her neck. be-
cause the pistol. being cold would make
her turn and talk to him. He said that
many times she had teased him in the
same manner with cold knives down his
back. and similar tricks. and that he was
simply following their customary play.
When the cold muzzle Of the weapon
Ie went against her body. when he jabbed
l. II down the back OF her dressing sack. he
Ie said she gave a quick turn toward him
g. and that his hand was pressed against the
le gun. the end Of which was caught in her
clothing. and that her jumping made It so
ID on He said that he asked her what he
s7 could do for her. and told her that he did
i not mean to shoot her. He said that they
- had had no quarrels for over eight or ten
- months, and denied almost all OF Houten's
testimony. He denied that he had ever
- threatened TO shoot her. lie said that al
\, her request he went after Reba Wilson. q
friend but she was sick. Then he called
\ the ambulance of his own free will. and
,e requested permission TO accompany her tc
ar the hospital, which was granted by tn,
n. ambulance crew. lie said he had no knowi
edge Of how the pistol. which he said ha,
dropped to the floor after the shooting
came TO be under the coal where it wal
rt found. He denied that he had said. 'I'I
p kill you" or that she had pleaded viii
!: him not to shoot her lie said that the,
s. were the best Of friends.
- William Dunda testified THAT he lives a
No $50 East Seventh street and it Is i'm
!. possible TO sec into the house from hii
4 yard where the woman was shot as testi
a fed TO by Mrs. Houten.
Case Goes to the Jury.
In court this morning the defense
was received.
John DUNCAN and Ferris Giles testi-
- fed that it was impossible To see the
y window Of the Mechanic street home
Of the Stotts woman through whicl
John II. Houten. a witness for the
state, had sworn he saw Brown enter
re on the night of the shooting.
~ ~ The defense then rested.
81 In rebutatl the state called Adelin'
Briscoe. colored. who testified that sh'
OF was at the Mechanic street house OF
e. the day Of the shooting and hear,
Brown threaten twice to shoot the wo
Of man. The last time was during TIN
TO afternoon. Adeline said, when Brow
ng said he would pawn something will
which to get revolver to do the kill
ing.
The State then rested and argumen
nd was made to the jury. In Attorne!
he General Grays closing argument l.,
an read the ante mortem deposition OF TN
fo .,-nnaan Dlaring the crime on Brown