St. Tammany farmer. [volume] (Covington, La.) 1874-current, 1912-12-14
SAW ALLEN FIRE :
OUTSIDE SALOON.
Witness Testifies Brother of Dead
Man Looked at Dead Body First.

Vidalia, La, Dec. 12.-The pre-
liminary trial of Allen Swayze, charg-
ed with the killing of Marion Tooley,
who, with Davis Swayze, was killed
at Yancey's saloon, on Black river.
Saturday night or Sunday morning,
was begun to-day, Judge John Dale
presiding, District Attorney E. E.
Green representing the State and
John s. Boatner, Jr., representing the
defense.
DIR. McReeves, parish coroner. who
held the inquest over the body OF
Tooley, was called first. He stated
that, Tooley,s body was about thirty
or forty steps from the saloon; die
not think his body had been moved
after death until lie examined it; was
told there that it had not been moved
Made examination Of body about
o'clock Sunday evening. There was
one pistol ball wound in the right
arm at the elbow, another at the left
shoulder, going through the chest !;
another In back to left of spinal col
umn, coming to surface in front OF
spinal column, coming to surface In
front to left of navel; think it was
3S-caliber pistol used, two of which
were of fatal nature. His back
was turned toward the door of the
FALCON il the shots we're fired there.
DAVIS SHOT. ALLEN FIRES.
e. L. Jackson, aged 20 years, OF
Eva, testified: Saw Tooley that even
ing at the Young Hotel, Jonesville
and saw Davis Swayze at the saloon;
Tooley did the shooting; not more
than three words passed between
them. Both reached for guns at the
same time, Tooley shooting SO fast
that he (Jackson) could not tell how
many shots were fred. After this
shooting was over Allen Swazee came
from back part of saloon out OF poker
room with pistol in hand to witness
and asked him who did the shoot
ling. jackson told him the man VINO
did the shooting was outside: Allen
swayze walked up to his brother
STOPPED, looked at him, and went out
Of door. and as he got on the out
side of the door l saw the fire fly from
his pistol: first one shot. then two
or three other shots were fired.
Tooley and Davis Swayze had russ
that evening, settled it and drank
together. The fuss took place VIM
lot supper in the building adjoining
the saloon; about gambling; blows
were passed by both men. Allen
|Swayze separated them and sale
boys, let's 60 and take drink ano
settle the fuss"
DRINKING IN SALOON.
The shooting took place an hou'
later The two men were together II
the saloon during all this time. Wit
ness was too far away to hear wha'
words passed between them durinl
this hour. When the shooting begar
Davis Swayze was near door, five feet
from the counter, Tooley standing
three feet from the counter and -four
feet from Swayze. When Toole.
Started shooting he never quit walk
ling, but went to the door. Tooley
|ueed 80 special nickel plated pisto
with little piece broken of. Wit
ness had seen pistol number OF
times; in fact, held it in his mand:
that evening at the saloon; coul
not swear that Davis Swayze had pis
|tol, but thinks he did; saw him reach
for his back pocket 1t was S
smoky q person could hardly see
|Swayzee went about five feet befo-
falling. Allen Swayzee had just 70,
out of the door when he fired. In;
was the first shot fired after Toole,
quit shooting. Tooley opened dool
and it was still open when Allen
Swayze went out.
ALLEN FOLLOWED TOOLEY.
Witness was not drunk, but had
taken several drinks with Tooley
Davis Swayze, Allen Swayze and Hen.
~ Forman. Drank mostly beer;
Jaw : dice game going on there thai
night.
Cross examination of witness dis
closed that it was about fifteen min
utes that Tooley went out before al.
len went out the door. Allen could
not have taken the gun from Da. is
Swsyzc, because he did not stoop
down. If it came of Davis body
someone handed 1t to him. Herr,
Foreman took Tooley's pistol awav
:vom him at The t,me of the fuss
After the fuss was .sttled he gave the
pist O! back. Al'.:n sv aye was pace.
maker in that lir:t fuss. With. IS
located the position Of the conos'
ants end himself by making letters
on . diagram Said there was some
noise in back part of saloon, where
some fellows were drunk. Don {