The interior journal. [volume] (Stanford, Ky.) 1912-1984, 1912-04-05

ter told him TO take them out, and
then the shooting began, he said that
in his best judgment IIoskins had
fired first; three shots were fired
rapidly, aud Walter fell 10 the floor
he said he couldn't say that Walter
had fired shot; didn't see either
fire the first shot but from the di-
rection IL came he judged il was
Hoskins. lie saw none Of the trou-
BILE outside. Jake Wallin came up
afterwards and asked what was the
matter.
The Commonwealth then introduce
ed County Judge j. l.. Bailey and
Mrs. AL T.. Miller, in order to prove
the testimony of the late Lucien NJ.
Lasley, who was q witness 10 the
shooting. Mrs. Miller was the Of
fetal stenographer who took Mr..
Lasley's testimony at the examining
trial. The Judge allowed Mrs. Miller
to read her transcript of the testi-
mony, over the objection of the de-
puse. Mr.. Lasley's testimony said
that he was near the Perkins House
when he heard the shots. He then
saw two men come out of Riddles
place struggling desperately. Soon
he saw Jake Wallin come up. lie
came up behind lIoskins, but went
around to his side and then shot
three times. Jake Walin fired his
third shot as the two men became
unclinched. lie said Hoskins then
ran and Jake Wallin fired twice.
Mr. Lasley was asked To describe
the wounds sustained by IIoskins.
which he did.
The defense did not cross examine
Mrs. Miller as to Mr.. Lasley's testi-
mony, but asked her concerning her
transcrip pit of the testimony of
"Black Ben" Howard, and asked her
to read it.
Dick Buchanan colored-Told of
being in Riddles place before the
shooting. He said he saw Walter
Wallin, bud Wallin and Lige Hos
kins in there. Walter Wallin came in
out of the pool room while bud Wal
lin and lloskins were talking. Mr..
Wallin was telling IIoskins not to
follow his brother if he wasn't aim
ing to arrest him. Hoskins said he
wasn't aiming to arrest him. bud
Wallin was telling Hoskins he had
always been his friend. Walter
Wallin came out of the pool room
and had his pistol in his hand. bud
Wallin told lIoskins to take his
hands out of his pockets. Witness
then went out of the room. and in
about n minute heard shots in the
house. After the shots two men
came out of the door: it was dark.
50 couldn't swear To who they were.
men came out struggling. Ia middle
of road: little man was holding big
man by coat; big man trying to get
loose. heard five shots in street.
couldn't see who man was doing
shooting. i; was dark.
Cross xamined-Didn't see biz
man hitting little man on the head:
saw big man ''wringing" his body
as If trying to pull loose; couldn't |
swear To who they were. After shots
IN street. Mr.. Hoskin- came trot-
ting by. with pistol in his hand.
He went into Mr.. Sam Tatem's,
broke his pistol and reloaded.
Mrs. Jennie Ta.cm--Heard last
three shots. raised the window and |
hollered: saw forms on the street:
didn't recognize anyone; my hus-
band pulled me in out of the win
dow, saying | would get shot.
Joe Masee-Police Judge. of Graz
Orchard. was called but excused with
out examination, the court sustain
ms an objection of the defense that
he was without authority to have
sworn in Hoskins as deputy mar
shal oil Crab Orchard. The ques.
ton was threshed out by the atlor-
neys in absence of the jury. Ii was
shown that the statutes make no
provision for the appointment of
deputy marshals in sixth class cities
d rather peculiar omission. The
of the defense is that
Hoskins was without authority to
act as deputy marshal of Crab
Orchard. at the time of the shoot
ing affair.
Brack Graw-Was working in l..
l.. Sanders store at time of shoot
ing. Stepped out to light a street
lamp aud saw men in the street and
heard three shots. Went down the
street. to Sam Tatem's. met Ligs ,
Iloskins. his shirt was torn and
bloody; he says "l'm shot, I'm kill
al " ua laid dovn "a, flaor. had his | ,