Douglas daily dispatch., 1927-08-21

When court convened at 80, the
attorney for defendant announced
that the defense would rest the case,
as their last witness had not yet
| appeared and they did not wish to
delay the case.
The state then called their rebuttal
! witnesses. Jack Ryan, deputy sheriff,
and j. G. Collier, also deputy, both
testified that Ashby was cool, calm
and collected at the police station
the night the shooting occurred and
seemed to have full possession of all
his faculties and senses. Rheasa
Cornelius deputy county attorney, also
testified that Ashby was not in n
dazed state and translated his short
hand notes of the evenings proceed
irgs. George Henshaw, county ss1er-
iff, next took the stand and testified
just as the others had in regard
to Ashby's condition.
Thos. Kelly, of Lowell, was the next
one on the stand and stated that he
had talked with Ashby earlier in the
evening and urged him to leave the
gun at home and that Ashby haG
said he was lookin' for trouble and
was going to have it. Robert Barnes,
another Lowell youth, took the stand
and said that that evening at the
barber shop he and Elvis had gotten
into a scuffle and that a gun had
dropped out of his pocket. When
they told him to leave the gun behinGs
him he stated, "Irn lool1in' for
trouble, I'm from the backwoods of
Kentucky and if they get tough with
me, pop 'em." He said that it might
have been in q joke. Jack Landrum.
who was also present at the time,
admitted at the time he regarded
it as joke, as they were scuffling
and everything was said in joking
manner.
In regard to the trouble that Ashby
had with Mexican, six or eight
weeks previous to this evening, j. l.. |
Mcdonald testified that at that time
he and a pal were coming down the
street and Mexican butted his pal
of. The said "pal' Immediately got
in a fight with the Mexican and
Ashby who was coming down the
street tried to help the American out,
and that he, Mcdonald, pulled him
off: The attorneys brought out the
fact that Ashby told Mcdonald he
could lick him, because he thought
that Mcdonald was for the Mexican.
Ashby at that time is alleged to have
made the remark, "I cannot fight
you, but I have the difference in
my pocket" Later on the same eve
ming he met Mcdonald on the street
and said, "You may have thought I
was iooling but feel that" Mcdonald
said that he felt, but could not state
that there was a gun there. Murray
brought out the fact, by clever ques7
tioning, that the witness at the time
of this affray had been drinking and
could not be positive in any of his
statements.
Sandy Moss then took the STAND
and stated that Aslnby had come over
TIC him the night of the shooting
and told him, @Stick around, I'm
going to fight fellow and want you
to keep the dogs cff' Moss said
that Austin Jay was standing near
at the time. Jay was then called to
the stand and said that Ashby mad
stopped where he and Moss were
talking and said that there was going
to be fight. Jay then said thai
he started for home immediately
afterward and again Murray was able
to bring out the fact that Ashby
could have been joking, because if
there was to be fight and the
witness had taken the statement seri,
ously he would have stuck around to
see it. After Jay had left the stanc
the state closed and Mr. Murray asked
fol- recess until Monday morning,
when the defense will put on their
rebuttal witnesses and the attorneys
will present their arguments.
This case had attracted countrywide
interest and the courtroom was
crowded to the doors at every session.
Alexander Murray and Frank Thomas
represent the defendant, while Coun>
| ty Attorney Gentry is assisted by j..