The daily commonwealth. (Greenwood, Leflore Co., Miss.) 1916-1919, 1917-02-10

in which the lie was passed. Pric.
declared that DR.. Love first called
Carmichael lie, who promptly called
DR.. Love another one, with which the
Doctor pulled his gun from his right
hand over coat pocket and Carmichael
without getting up from his chair be.
gan fighting at the pistol with his left
arm and in the scufle DR.. Loves CUR
went off, following which Carmichael
reached for his pistol which was or
the desk and as he did so, Price said
DR.. Love shot him, Carmichael falling
over on the desk and then to the floor
Asked what then occurred the negro
declared that young Sullivan who was
in the station at the time, grappled
with DR.. Love for the gun. When
they reached the door the young man
let go Of the Doctor who proceeded to
walk out of the Office. It is then that
the negro said he left. the office, going
out through the warehouse.
Young James Sullivan who wit
nesses stated was the only one in the
Office besides the dead man when they
arrived there after the killing, has not
and will not testify in the case. It is
understood that he is in Arkansas, or
elsewhere.
A negro was introduced who testi-
fled that he was standing in the negro
waiting room when the trouble oc-
Cured and that as DR.. Love passed
out of the Office and by two white
gentlemen who were standing near
the corner he said that he had killed
that --- - --.
Mr.. jeff Scott, who was one of the
two white men standing near the
corner testified that he heard DR..
Love say that he had killed him, but
did not hear him use any epithet in
connection with the remark.
Morris Thompson and Fred Wilson,
both negroes, the former having new
er testified in the case before, were
put on the stand and testified
that they were standing near
the back door of the warehouse
15O feet from the office when the
shooting occurred and that Avant
Price was talking to Morris Thomp-
son and that Wilson was just a few
feet away. When the shooting oc-
Cured both witnesses testified that
they ran in one direction and that
Price took to his heels down the rail-
road. Other evidence was introduced
by the defense in an effort to prove
that Price told his brother.in-law soon
after the first trial in January of 1915
that he had told something in court
which he could not face again, or
words to that effect. His brother-in-
law stated that he told him that he
swore in court that he saw the killing
and that he had not seen it.
The last witness heard last night
was the defendant who took the stand
in his own behalf. In response to his
counsePs question he told the jury
what occurred on the day Of the kill
ing stating that he went into the de-
pot and told Carmichael that he un-
derstood he had gotten on his nerves
few days previous by splitting on
the floor and that he told him further
that he had not spit on the floor. DR..
Love declared that Carmichael called
him liar and that he then called
Carmichael a Damned liar. Car
michael reached for his gun, accord
ing to the defendant, and it was then
he shot him stating that he did so
to keep Carmichael from shooting
him. When asked by his lawyer why
he had the gun in his pocket the state
objected and the objection was sus-
tanned.
The defendant was subjected to a
severe and gruelling cross-examina-
ton by the attorneys for the state
who attempted to make him admit
that he got himself under the influ-
ence of liquor for the purpose Of go
ing over to the depot and talking to
Carmichael about his request, or
command, of few days before that
the Doctor not spit on the flopr.-
From the evidence it was Tuesday
when the original question concern
ing the Doctors splitting on the floor
came up and Dr.. Love last night tes-
titled that when Carmichael told him
not to spit, on the floor he was 50
taken aback that he did not say any
thing. Asked why he said anything
on Thursday, two days after, he de-
.clared that he did not want Car
michael to have any hard feelings toe
ward him. The prosecution attorney
ther, asked him why he, did not visit
Carmichael on Wednesday when he
was not drinking and explain to him
that he did hot mean to spit on the
floor, il he did, instead Of waiting un-
til Thursday, when he was under the