The dispatch-news. [volume] (Lexington, S.C.) 1919-2001, 1922-02-15

Deponent said to him: "Obe, YOU 20
on out OF my place of business. I don't
want to bother with you now; that
Price replied by saying: God damn
you. I'll go nowhere;" that he again
told Price to go on out of his place of
Ebusiness;E that he wanted to come in
and wanted no trouble with him; that
to this, Price replied by pushing the
screen-door open. against which he
already had his hand. and made as
If to come down thetsteps on depo-
rcnt-motioning his left hand for
ward as If to grab ;deponent, or his
gun which deponent' had just before
re-breeched. saying. as he did SO: I'll
go nowhere--you God damn dirty lit
tie pimp; I'll put your lights out: that
deponent thought that the said Price
intended to kill him. or do him serious
bodily harm, and acted as: If he in
tended 10 do so, and deponent, feeling
that he was~in danger. attempted to
back away from him. and said: Don't
do tnat. and as deporent- was back
ing. and just as he was asking the
said Price not to do that, he stumbled
over some obstruction, when the gun
discharged; that the deponent did not
intend for the gun to fire when it did,
and the same would not have fired
had he not stumbled against the OBJ
struction. unless the said Price had
disregarded his warning not to do
that. and had continued his advance
on him; that deDonent was trying to
avoid a difficulty and the necessity Of
shooting when the gun was dis
charged, and he would have done so
had he not stumbled against the OBJ
Struction, and the said Price had stop
ped his assault on him; that deponent
Is physically weak, and is cripple,
and he was not physically able to de-
fend himself from an assault, or to
run away from one-all &C which the
said Price Nell ;wsell. l.knewEwhilea the said
Price was a vigorous young man and
|. in good health; that when deponent
stumbled against the said obstruction
and the gun went off, it startled and
excited the depOnent, as he was not
expecting either to happen, and he
cannot tell exactly how the second
shot was fired, except that the gun
was discharged as he was trying to re-
cover himself after stumbling. which
40
dcpoEcnt having Il stiff knee Joint:
that the lcnon"nt did not rurposcly
fire tho gun: that when deponcnt re-
covered himself, he did not see the
he was. and did not know whether he
had been hit or not. That he went
away from the scene in highly ner-
vous condition, to his home, and went
self to the Sheriff later in the after
noon, upon the Sheriffs coming to his
home and asking for him; that de-
oonent has undertaken to state above
the circumstances, the substance. of
the language used just before and at
the time Of the shooting.
That when deponcnt went from his
nom" TO his store. carrying his gun
with him. he had no thought Of diff
ticulty with the said Price. or with
anyone else, Or Of doing anybody any
harm; that the only reason that he
had his gun at all was that he in
tended going hunting, that afternoon;
that If the said Price had left depon-
ents store rs he was asked to do
some twenty-five or thirty minutes
before the shooting, and had not
waited there for him to return after
he had gone to his home; or if the
said Price had gone away from his
store after deponent asked him to go
away from it when he returned from
his home. or if the said Price had not
made the assault on deponent which
, he did. causing deDonent to attempt
, to retreat in order to avoid a diff
Guilty, there would have been no
trouble; that dcpOnent regrets, eX-
ceedingly. tho affair that resulted in
the death Of the said Price. and states
that he was not responsible for it, but
, that the said Price caused his own
death, as hereinabove stated
RICE Is. HARMON.
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