The Winchester news. [volume] (Winchester, Ky.) 1908-19??, 1910-12-02

on me last year and L don propOS
TO stand it any longer" He then sal
for me to come on down to the polio
station with him. | never made
reply, but went.
Mr.. Strode's testimony:
| am member of the police fore
and was present when the shootin,
occurred last Thanksgiving night be
tween John Ballard and Tom Smith
The negro followed Mr.. Ballard in tn
door and sat near me. The frs
words spoken was when Mr.. BallarC
said to Mr.. McCord: ''What do
hear about you arresting Tom Smitl
and making him make false state
ment about me?" Before the con
versation was finished the negro de-
MED telling Ballard that Mr.. McCorC
threatened him with arrest or pun
ishment if he did not make certain
statements about Ballard and wheI
the negro did this Ballard pulled hi;
pistol and said he would kill him.
caught the pistol. Smith had nc
pistol or weapon of any kind at the
time the shooting occurred and was
making no effort to fight Ballard be-
fore the shooting occurred.
Cross examination by Mr. Steven
SOM ~
| do not know what caused the
pistol to be discharged. The ball went
| through the window glass two OF
three feet away from Smith. | never
heard Ballard say Smith had lied on
him before. After the pistol was
discharged the negro slipped down
and out of has chair and ran out of
the door, ! held the gun few min
utes after the negro had left the build
ing. Ballard commanded me to LEI
90 the pistol and | did a few seconds
later. He then put it in his pocket
VIII Dolphin examined by County
Attorney S. 7. Davis:
l was present when the shooting
occurred in the police court room las
Thanksgiving night Ballard came
into the Office with Smith. After the
two men had gotten into the Office
Ballard turned to Mr.. McCOrd and
said: "Did you threaten to arrest
this negro Smith and put him in jail
if he did not make certain state
ments?" Mr.. McCord said that he
did not make any threats but that
Smith had come to him complaining
about Ballard. Ballard then turned
TO the negro and said: odd You not
make those statements to me?' an6
Smith said he did not. Ballard then
said he did not propose to be adver-
tised by Smith and would kill ham
He pulled his pistol, cooked it anG
walked over to the negro. Only one
shot was fred. The shot was fired
before Strobe caught the gun, | think
Woodson, McCord. examined by
County Attorney S. 7. Davis:
am Chief of Police of Winches-
ter and was present when the shoot
ing occurred on Thanksgiving night
John Ballard walked into the Office
with Tom Smith. Both men tool
seats and Ballard asked me why J
made Tom Smith make certain state
ments under a threat. | told Ballard
had not made Smith tell anything
and this was corrobOrated by Smith
When Smith told Ballard that he new
er made the statement to him that J
had threatened him with imprisOn-
ment if he did not make certain state
ments. Ballard became angry and
stepped over to Smith with the pistol
cooked in his hand. When Ballard
made Strobe let 90 of the pistol J
stepped over to Ballard and said ;
Ballard. don't shoot that negro"
Cross examination by Mr.. Stew
enson.
The pistol must not have been
pointed exactly at Smith when it was
discharged or he would have been
killed. The pistol was pointed dan
gerously close. though.
John Ballard, examined by Mi.
Stevenson:
Tom Smith called me to the cloak
room of the cOlored skating rink
Thanksgiving night and told me not
to believe a word the negroes were
telling me. | said: "Weil, come or
and 60 up to the police station with
me-" | did not intend to shoot Smith
[ was angry and intended to hit hin
With the pistol though. I do not
know what made the pistol 90 off
The negro grabbed the pistol will
both hands and we both held to il
and I was afraid of being shot my
self. | never intended shooting him
but | did feel that he needed hitting
Cross examination by County At
torney S. T. Davis:
If I said 81 will kill the negro" tha
night ! do not remember it and do no
remember cooking the pistol. The
reason became angry was that
heard the negro was telling lies oil