The Breckenridge news. (Cloverport, Ky.) 1876-1955, 1915-03-24

years old, born in Grayson county and
reared in Breckenridge, near McDaniels,
where he had spent most of his life.
Said he had lived in Irvington eight
years and had known Mr.. Henry that
long. | shot Mr.. Henry last Friday.
Difficulty came up over some corn sold
him. Sold him so bushels delivered all
but az bushels; IS bushels at one time,
212 at another. That was five weeks
ago. Paid me for the so bushels. Told
him had plenty of corn. Seemed to be
i'll good humor and satisfied. Traded
my shop ana was fixing to move and
thought had better deliver the rest of
corn before | left. | filled five sacks,
two for self and three for Henry. Told
Jarrett to take corn to Henry and rest to
my barn. Told Jarrett to weigh three
bushels and deliver to Henry. There
were three bushels and ten pounds. Jar
rett took the corn to Henry, came back
and said he was not satisfied with it, that
had better go and see him. Went to
his home, saw him in family room and
told him understood he was not pleased
with the corn. He said it was not good;
lots of rotton corn in it. | told him /
had more corn at the crib. | would
shuck it and send to him. Said it was
all right.
| walked back to town, met II. Tinius
asked him to go back to house with me
and get something to eat and get butter.
Got to house, found cats in there, so we
set in to get cats out. Crippled one cat
with poker and it ran out of house under
the floor. told Tinius to get gun out
of drawer | shot twice under the floor,
Killed cat with stick. Jarrett came to
water stock; went to barn with him;
told Herbert to lock doors. When I
went back to house found doors locked.
Could not put pistol away and dropped
it in my pocket. went on to town and
came up with Tinius. Told him | had
to send Mr.. Henry some corn, that he
was not pleased with what sent him;
that had better take it to him and get
him pleased Went to corn crib, picked
corn and asked Jim Jarrett to take it to
Henry. l decided | would go along
with him. AT top of hill got out, went
to his back door and told him corn was
at barn. Went to barn; he got up in
loft and said: Garner you have deliv-
cred corn, it is not right and you are not
trying to do right" | said, don't see
make it right. | saw he was growing
angry and stepped back from him. He
said, I'll cut your d-n head off, and
raised his knife. | ran back three steps
and put my hand i'll my pocket and tod
him not to come on ME with that knife.
l took my hand out of my pocket. He
said, Garner, you are a d-s-b., and
rushed on me with knife drawn.
raised my gun and fired, and he fell
back. | passed down stairway out of
barn. told Mr.. Dent to go back and
see him. Was in hopes | had not hurt
him. then hurried down town for
doctor and told DR. Parks, Albert Mar
shall, DR. Taylor and Neafus what had
done and asked them to go out there.
Mr.. Garner said he had never had any
trouble with Mr.. Henry; that he liked
him; that he did not intend to shoot him
but could not help it. Said he had no
chance to get out of his way; that he had
to do what lie did to save himself.
This closed the testimony for defend
ant save few witnesses who were in
troduced to establish the character of the
defendant.
Judge Dowell took the case under adj
visement and rendered his decision
Tuesday morning dismissing the case.