Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1910-07-15
Continued from 1st Page.

the 18th, that he had been to harris
onburg that day andshad bought home
with him considerable quantity OF
liquor consisting of two quart bottles
and some pint bottles, that he met
Abe Hoy with whom he took drink
or two, and who told him thas he
had his blackboard in STAUNTON,
and would take him out to his home
that evening. That after rolling
game or two of ten pins, he and Hoy.
started home. They stopped at MIR.
John Irvine's and got some eggs, then
thew went together to the home OF
James Ross, nearby, the same at
which the shooting took place the
next day, where they parted and where
Brown spent the night. That he left
some of his whiskey with Abe Hoy,
who went on to his, Hoy's home
and that he first saw Abe and Perry
together coming to James ROSES, the
next morning about half past eight
O'Clock. That they had with them
one quart of whiskey, with small
amount taken out. He contradlcted
the statement about crap game over
which it was supposed the trouble
arose. He stated that they played no
craps, that he only had one OF his
dice with him, but usually carried
both, that Aba Hoy did not gamble
and that he had never seen him play
either craps or cards. He claimed
that their falling out, was over
pint of whiskey which he said was lett
with Hoy the ewing before, and which
HOY denied knowledge of. That
after some talk about this pint OF
whiskey, that Abe 10y began curslng
him, because he said Abe had taken
the pint of whiskey, he Hoy, drew a
knife on him and came at him III
threatening manner, that he had once
been cut with knife, that he was
afraid of knives, that he ran to the
Ross house and asked Mrs. Ross for a
gun.
He got the gun, which WIS a
double barreled shotgun, and broke
it to zee if it was loaded. Here his
testimony differed from that of othel
witnesses. He said the gun was no
loaded but he took it with him ant
| went up to Mr.. John Irvines. There
he procured a Winchester pnmp-gun
with which he was familiar an(
which if not loaded he loaded will
six shells, and he put six other she'll
in his pocket, then started back te
the BOSSES. That he walked yer.
rapidly going up, bat not SO rapid,
going back, that he had some CONVEX
sation with Mrs. Irvine but could no
recall what it was. That his object il
getting the gun to go back and max
Abe Hoy put up his knife and fgh
him {. il. That when he got to tn
Ross house. he saw no one but PER-.
HOY, Who was sitting near the door
That he called to Perry, and asked
if Abe was there and if so to come
out He was then standing about
twelve steps from the fence, directly
in front of the house. Mrs. Ross
from the inside, said, "Abe is no
coming OUT About that time Perry
Hoy jumped up and started TOWARD
him using bad language and stating
that he COUNT come around there
bluffing the Hoys with gun, tina
Perry then started toward him witt
knife in his hand and that he
Brown, warned Perry off, told hin
several times not to come closer to
him, but that Perry continuing his
loud talk, leapsd over The picket fence
and when he had got then within
or feet Of him, he, Brown, fired a
Perry but did not know whether he
hit him or not. The smoke then be-
came so thick that he could not SEE
Perry and did not see him again unit
he saw him down by the side of the
yard as if he were going through the
gate into the house, but that in {
moment he turned and ran and tina
he saw him throwing his arms, frs
one and then the other, and directly
he fell, hitting the ground "all over
That the second shot was an acciden
tai shot, that the gun sometimes huns
in changing tile shells, and would &C
off accidentally, that he did not know
which shot hit Perry Hoy, whether
the first, second or third. He coult
not tell either, which discharge kill
ed little Cletis Higgs. That aftel
Perry Hoy fell, he went around by
him and into the house where he SAID
'the kid" little Cletis Higgs. wal
lying dead. Ed. Higs. the father
said, "Oh Arch, you have killed little
Cletis,' Brown said, 81 can't helr
that. - He pulled the door behint
which there was somebody. This
proved to be Mrs. Ross, she begged
him not to shoot her. He said tina
he did not want to shoot her. Jus
! then he heard the kitchen door shut
So he ran out around the house, by
where Perry was lying, and saw Abt
Hoy going out by the woodpile ant
in the direction of Mr.. Irvine
house. He "cut down"on him but the
gun snapped, as it was not loaded.
He then put shells in and ran five o.
six steps towards Abe Hoy and free
on him, then four or five more steps
and fired on him again, then or
steps and fired on him the third time
and Abe ran on up the old road. AT
ter short time, he went ON up to
ward MI. John Ivrine's house, stop.
ping at Mr.. Hughart Irvines who
wanted him to give him the gun, this
he declined to do because, as he said
| ba xxyonfo1 Aho