Evening star., 1921-07-20
C0L. SHEL[EYPUT :
| ON STAND IN TRIAL:
Testified He Fired in Self
! Defense-says Groom
Abused Horse.


christmas. colored. May l6 last, TOOK
the stand in his own defense at the
morning session.
kHe gave to the court in a direct
Snanner his story of the shooting ana
khe incident the day before wnlSh ieu
Alp to it, and his story was not shaAeii
bn cross-examination. aoa
y Much of the testimony today tehaeu
10 prove that Christmas was pau
character, and Col. Skelley said that
he sized him up as bad man. WIN
did not fear a tight, ana that tta
bpinion was borne out of the DAY OF ine
khooting. when he went 10 'ne s'aoes 80
40 report the trouble or the pre-
kious day.
Testimony to End Today.
I The presentation of evidence Is eS-
bected to be concluded thls az -
Argue the case. the court Will go IN
Glosed session tomorrow afternoon 70
form it's conclusions. 1t mas hot Se.
been decided whether arguments on
Hhe evidence will be presented oS
counsel. ,..;ons for
Sarious crimes of Christmas were pu'
IN the record by Col James ;. Easps ny
Smith. counsel for the defense. s
tourt records showed con'lc'ion tot
3ape in Atlantic City. ana coiS S;s
iion in the local Police Cour. Or Of
Sfhs police department showed con,
Siction on January 5. 1904, IN the o',rt ao
fourt of cruelty to animals rt;nv .ne
fecord, Col. Easby-Smith reporting
hot being abailable.
Tell. Of whisky.
When Clarence NJ Barrett. IosrmeS
L soldiers detailed at the quar-
&sr stables, took the staha. .n.
fen,s sought to show that CI;.naSs
had brought whisky 70 TO nrove the
3ottsr preiudiced witness. Iheso
lengthy argument pew
Somnssl on an objection entered ~
Fol. William l.. Reed. 1uase "u I the
The objection was overrue"h had seen
witnessed testified tnat ma, M fo Johnsons
bnics. -, tho defense If
t,hristmas had attacked any ono, nf
Srosecution objected to the io' l." was
the question. and the ~
ITnon reopening, the ruling was $50
no,inced that counsel shoolo avn"
leading questions.
Tells of Another Attaek'
witness testified to an a.'a az the
Esr;.tmas on another groom az 'he
EabIes. wherein he stooo VIZ W.
anife and defied the groon. gaa ~ various
1.. 1Ux 70 Supt. johnson regardins
nts ~ Christmas, but that the io
Gsr Would never take any az az ~
Ehristmas, he said, had
hsas the .s;d ON Being questioned by
ShS court, that it was con'.r hat
Tnnvisdre around the stables tna'
1nristmas 1 was the whisky purchas-
Eng agent for men at the slao sh.Le
Eoss-examination did not ,n saHe ata
The witness testimony resa rhris3mas hs
Roaxs and threats oy
Tainst men at the stables.
@The purpose of introducing this
|itness. Col. Easily Smith saio, Was
IN contradict the witness Joihsu ,a
and to show that he was 6iased anu anu
Msjudiced in his testimony oeio'e e"e
court.
Col. Shelley Tells Story.
scol. Shelly, the defendant. then TOOK
She stand and testified that he hao
been in the Army twenty-one years.
fuAnty years of which were in the
csyalry branch Christmas, ne saio'
came to him and told him. on May 10,
that a horse he had should be put IN
q race and he told him II sCa5 waS hSt ShaIl Il.
condition, whereupon he CCol; Snei-
Ey3 walked away, not liking Cnrlst-
Nss. attitude. Christmas. he said,
fhen Ealloped the horse around tne
track and took him off whereupon he
sought him out and asked II ne nad
permission to gallop the morse.
AN argument ensued, whereupon
Col. Shelley said that he struck Christ
mas and Christmas told him he would
get him on the other side of the river.
Col Shelley said he went after
pftchfork. but was restrained peIore
hoo IN 6.
Christmas, he said, repeated his threa:
~ he was riding away on the morse.
Ne told Christmas he would have him
discharged in the morning.
THE next day, he continued, he made
up his mind to make report From
Ghristmas' manner the previous day,
he said, he felt that Christmas was
Soing to attack him. He said he armed
Himself with a pistol before he left
nome, fearing he would be attacked
when he went to the stables TO make
GEreport.
sHe identified the pistol and riding
crop as his, and said he habitally car
ffed the crop.
Christmas, he said, was standing at
the door of the north stable when he
approached the office. He stopped
directly in front Of the stable office. He
made report to Supt. Johnson.
Asked IL he would have taken a
Htctol If he had intended to attack
Christmas, he responded in the mega
tive, adding that if he had been look
ing for a man he would have taken
hts .45-caliber service pistol.
Accosted by Christmas.
when he left the office, he said, he
was accosted by Christmas. and after
preliminary discussion. which he tried
to avoid. he was attacked.
He took the pistol and demonstrated
10 the court just how he drew it and
the position he was in when he fired.
He denied that johnson made any
effort to restrain Christmas.
z After the shooting he walked over
60 Christmas and asked him where he
had been shot. and Christmas showed
him, whereupon he told him he should
no to the hospital.
Col. Shelley said he thought Christ
.mas was trying to knock his brains
out and that he was in fear of his
life, he testified.
struck Him With Crop.
Christmas. he said further. struck
him once with his fist and three times
Christmas. h mae nor nor make any any attempt M to to
strike him, he told the court.
He denied the use of vulgar epithets
attributed to him by previous wit
nesses. He also denied that he used
the remark that ne would have killed
what he did say, he testified. was that
.rft was a good thing the gun jammed.' p
meaning that he might have killed
christmas II it had not jammed. be-
cause he was still clinched when the
first shot was fred. and he didn't
think the little pistol would stop the
man, and. he added. "ft didn't"
Tells Of Criticising Story.
questioned regarding an article at
a1re time of the incident which ap-
ASSa2ad In a Local ma ner ha said hA, told