Year: 1859

10 raise hmsef when he Strengthened his limbs and ex
pired. '


Coroner Nelson was notified of the fact of his death
ana ne Immediately summoned the following jury to en-
qae INTO the cause of his death: James H.
man. James A. Gibson, VIM. H. Stephens John T. DeIch-
er, m Selby, A. Steigleman, VIM. H. jenkins, John
Guyton, Frederick Davis, Sr Richard Mayger James
White and Joseph H. McMulen. After empanelling the
jury, Prof N r. Smith and Dr. H. p Yeates were sent
Ior 10 make post mortem examination of the body
Upon opening The chest of the deceased it
almost entirely filled with extravassaed blood After
the examinaton the two physicians the following
report Ihat the fatal ball entered the back high up
| and glanced obliquey inward and upward and making
Its exit from the neck above the cavicle severing in its
course the great vessels formg the the lungs and
passing from the heart to the lungs second ball enter
ca the shoulder from behind and passing through the


esh came out in front" As there other witness
e present except the physicians jury adjourned until
| 10 O'Clock on Saturday morning


They re,assembled at 10 o'clock on Saturday at the
| adduced


John E. Popps, sworn.-Two men came in about TX
O'Clock to my house. corner of Ensor and Mott streets
they asked for oysters told them they have 90
10 on the opposite side of the one of the
men was Leyburn, don't know the other; they went
anu returned In ten minutes when they back they
brought Barton and Miller with them; Leyburn COM
% menced talking with Barton and Miller and McMahen
TAXED together Leyburn and Barton appeared
relng; Barton said to Leyburn, you accused me of
threatening to shoot you night. Cav street. but
insulted me just knock your damned head
oh he then struck Barton with his fist; stag
gereo up 10 the counter, and picking mustard
threw 1t at Barton striking him the head cutting


large CASH. the rest of the party then ran out into the
pa.A ioo McMdnen tnen jumped over the back fence:
then threw Leyburn out of the front door, threw him
out about two minutes before the balance Of the party
Wen went out; Leyburn and Miller had no converse
| tion together while they in the barroom;
| Leyburn was talking to Barton about an old
quarrel; he did not threaten to shoot Barton;
| about ten minutes after the party went out a bow
came in and said man had been shot up the street. did
not hear the shot fred don't know where was fred
FROM while Leyburn Barton were talking together
IN the par 1oom Leyburn became nsulted what Barton
said and turned around to him and with his
nst; ne then remarked, "you of b., will knock
He hons


first threw the mustard box then the pepper box
Barton striking him in the head Barton and the
the party then ran into the back Barton
| face.


Meyer Greenbaum sworn-Lves at the corner Of For
rest and French streets keeps store, to Popps
Lager Beer house. the so and Mott
to get glass of Beer Leyburn and other man
IN shortly after did, they asked for oysters Mr. Popps
told them he had none, sent them to Mr. Kdds they
gone about ten minutes when they returned in company
with Barton and Miller. Leyburn and Barton com
menced conversing, heard Leyburn call Barton son of
abb witness then into the back room Barton
back shortly afterwards with blood running down his
Miller and Barton also back the man who was with
Leyburn Mr Mahen ran out Of the back yard and got
fence; looked out of the room about Eve min
utes after entering and in the bar room my
son then entered and informed that man had been
shot mp the street witness then ran ont of the door and
went to Roberts drug store the of Brn and
Forrest streets found laying there badly wonnd
ed; thinks Leyburn called Barton Son of b-h while
he was talking to him. did not hear shot fired Mr. Popps
and his wife were in the when of the
back ROOM else there; it about ten min





John Buckley, sworn-Keeps stall at the head the
market heard shot about half past O'Clock
opposite side of the marke from where sanding
stepped out to who fired but could see any one
Lsyburn the street to the opposite
Miller shot him.


John Evans, sworn-went into Popp's Lager Beer sa-
loon about half past O'Clock Wednesday evening;
saw man named Keifer reading a newspaper he was
reading account Of the trial of Cropps
witness sat down to listen to s sitting in the
when Leyburn and McMahen came in and asked for
oysters; Mr. Popps told them that he had none that
they would have to go to Kidds; they then went out,
and were gone about ten minutes when they returned
in company with two other men; did not know the
other two; they all took drink together and McMahen
paid for the drinks; they then commenced talking about
an old quarrel which occurred between Barton and Ley
burn Barton said "that he did intend that for him
meaning he did not intend to quarrel with Leyburn; he
then said to Leyburn, "Aint you satsfed9D Leyburn
dld otrepy but put his hand behind him. though in
the act of drawing pistol witness thought was going
''You of b-h, you have insuted me' and at the
same time raised his fist and struck Barton he also
threw the salt cellar and mustard box at Barton and
struck him in the head; Mr. Popps in and grabbed
Leyburn and threw him out of the front door, the
the party then ran into the back room; when Popps
threw Leyburn out, witness thought he heard
plode; thought some was trying to shoot heard
report of pistol few moments afterwards; then heard
second report the second much louder than the
first don't think Miller Barton in the when
the shots We're fired is not positive about that witness
remarked to Mr. Popps that some one was shooting out
side the door; heard few minutes afterwards that
was shot and was lying at Mr. Roberts drug store;
to Roberts store, and found Leyburn shot;
can't say whether the party went out of the front door,
after Leyburn left, whether they went back don't
know Miller, Leyburn; don't know any thing about the
shootns witness going out of the front door, just
before the spree commenced when Mr. Popps called wit
ness back and asked him to remain he thought there
would be spree.


Samuel Simmons, sworn-Was playing with some boys
in the market standing the corner of Hien
ana Forrest streets; saw man running past me; saw
him shoot he small man, and had dark clothes.
and glazed cap; witness knows Miller don't know
whether it was him not; cannot recognize the man;
no one else was near witness when the shot was fred
was playing with some boys at the time but they
not near Witness did not hear the who shot the ps
to say any thing to any witness standing about
10 feet from the when he fired did not hear but
shot, the man who fired running the time; witness
burn.


John E. Popps recaed-Dont know what kind of
caps hats the party had on did not take notice
excted at the tme and did not take notice of their
dress.


John Evans. recalled-Miller had on a SLOUGH hat
when he was in the bar


Henry Mclaughlin sworn.-Was in Ensor street. had
been playing in the market around into Forrest
street. saw Leyburn running up Forrest street;
ether man running after him. the who running
after him. and fired the shot, had black clothes and
glazed cap; he was small man. witness not much
excited saw the shot fired and also the that
was shot; only shot fired; no has
talked to witness about it; witness might have
spoken about it; don't know whether he did not;
the man who fired the shot did say any
thing when he fired did not see him come
out of Popps house witness up Ensor street. and
saw Edward Miller standing Popps pavement witness
was only three feet from the when he fired stand
ing at the side of him. did not his face looked towards
Leyburn and saw him stagger; witness Leypurn
run around the before he shot, also another
man poke his head around the look for Leyburn
and run after him. this time between and
O'Clock; saw Miller at Popps after the shot fired he
was standing on the pavement; fopps was standing
there too there others standing with them the
man was not in the market house when he red he only
run three or four feet from the when he red had
on leather cap and black cothes don't know whether
he ran down towards Popps after he fired not Popps
and Miller were standing the pavement after the shot
was fired


John E. Popps recalled.--Went back into the back
room after the fuss was over, to quiet wife, who
screaming Miller and Barton there and asked for


light witness was not out on the pavement after the
was over looked or of the front door, but did not 20
to the pavement; did not Miller on the pavement;
don't know whether they all went out after witness
Leyburn out, not did not go the pavement
when witness looked out of the door.


Thomas Darrell, sworn.-Was going an errand; was
going down Ensor street, saw two Ensor street,
who were haooing "Oh, you nativesl" of them
snap pistol, but it did not go off; did not who
snapped the pistol out of Popps' two
men followed him; witness kept on did not stop three
men came out of Popps'.


David Street. sworn-Keeps a hotel corner OF Hilen
and Forrest streets out the pavement about half
past seven o'clock was paying man some money heard


shot, saw man running across the street. and thinking
he was the man who shot, caught him; he turned to
and said For Gods sake don't hit me, am shot;n wit
ness then let him down the pavement found it
Leyburnsaw three men when the pistol flashed Leyburn
had his face towards the men, who following him;
don't know who the could not recognize them
again. it too dark; only heard shot, did hear
Leyburn say who shot him. he had his face towards the
other two men; am positive about that the other two
men were near the far of the market house, of
them ran down towards Popps, and the other up;
they were both very tall they about three
apart one of these two shot him. don't know either
of them


At this stage of the proceedings the jury waited for
time for purpose getting the evidence of His
Honor the Mayor and Mr. Pnkney, in regard depo-
stion made by Leyburn upon his dying bad but they
were both engaged, DR.. H. p. p. Yates sworn,
testified that he present and heard the dying
declaration and that he distinctly said that Miller
the man who shot him." Mr.. A J. Bowen was also
and testified to being present when the deposition
of Leyburn TAKEN He corroborated the evidence
Dr. Yates


The jury then retired to another room and a short
time agreed upon the following verdict:


THAT the jury in the of Thomas Leyburn find that
his death occasioned by ball fired from in
the hands of Edward Miller, and their finding is
upon the dying declaration of the deceased


As officers Owings and Thomas, of the Middle district
were going their rounds about O'Clock Friday night,
they discovered man ly upon the sidewalk Pratt,
near Frederick street. As he unable to walk they
procured gocar and conveyed him the station house,
where he locked for the night No further notice
was taken of him until about O'Clock Saturday
ing when the turnkey upon going to his cell found him
In dying condition He fingered until about o'clock.
when he expired. Coroner Sparkn notified, and
proceeded to hold inquest the remains, when it
was discovered that his name James 0'Neil. The
jury rendered verdict of death from ntemperance and
exposure.n Deceased was about As years of age.


The Literary Gazette tells story of Dumas
Taking up by chance the last number of his peri
odical, the Monte Cristo, these three lines in
of his letters from Russia, where he is, and,
astounded, went no further was asked to allow
myself to be presented to the Emperor Alexander
on his return from Archange. Irefused"


A correspondent of the London Weekly Register
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