Terre Haute Weekly Gazette, Terre Haute, Vigo County, 20 September 1877 — Page 2

THURSDAY, SEPTEMBER 20,1877.

WR. FLOWERS

•mmsm ftdW.

to Trial in the

Criminal Court.

.?'fl"-

He Enters a Plea of Not Guilty, and the Prosecution Introduced

Their Evidence.

Flowers was Seen on the Night of the Murder With a Revolver, and the Next day in

Company With Piney.

'"M

Determined Effort on the Part of Counsel for the Defense to Save Flowers.

The Attempt to Prove That Ceo. A. Arnold Committed the

i: Uiigxt Metfcfc *PeeO« f«| J*

Flimsy Words of his Disreputable Woman.

$Li 1

J. MS"1

v. M. !&Sk*t.4.

Alice Austin,. who Impoverished him, Starts the Dirty Story of Crime Upon him.

A Full Report of the Testi- ,, .,u, mony.

A Very Striking Case of Ingratitude

1

(From Friday's Daily)

'CONCLUSION OF YESTERDAY'S TESTIMONY. 'j The following is a continuation of yesterday's report:

The court was called at two clock and on motion of the defense the witnesses were not allowed to hear each other's testimony.

The State is represented by prosecutor Kelley, Wm. Mack and N. G. Buff, and the defense by Judge A. B. Carlton and Chas. Burton. The opening statement on the part ot the prosecution*was made by Mr. Mack and consisted mainly in a clear and concise statement ot the heretofore published facts in regard to the murder. A

Judge Carlton for the

8

defense

entered a plea of not guilty. The witnesses, about twenty in number, were then sworn and sent to a room adjoining the criminal court. The first witness called was. 0.X N.R.MERCER. *1 live near the place where Dr. Armstrong was killed—the nearest of any —about one hundred feet. I was into Mr. King's just before he came theie. I went to see how 6ick Mr. King was. It is about 40 rods from my house to the railroad. I left Kings' before the Dr. left— about ten minutes. I didn't hear any shooting. I saw him after he was killed. He was found near Petrie's grocery —about 30 rods east, laying in the road— with his head east, feet west. He went to King's in a buggy. He was very bloody. We lound a bullet hole near the right nipple. That was between 9 and 10 o'clock. I traced his buggy track, and picked up his whip. Sam Ingle picked up his hat. The buggy started from the hitching post. I traced the buggy track and found where it went on the road—where he was killed.

The road runs east and west, and there is a grade of eighteen inches. His bug-

gy

appears to have run down against the fence, and his horse right up to the fence. I could see that the horse sprang away. The horse made quite a track in the ground. The road is about forty feet from fence to fence. It was on Tuesday night in August. I saw Flowers around at work on different occasions, but never spoke to him but once.

I don't know when I saw him last, but I think about a week before the murder.

Cross examination—The horse seems to have taken long strides like trotting fast I live on the north side of the road.

DR. W. M, STEVENSON

I saw Dr. Armstrong after he was-kill-ed. I was the first physician there and with other physicians— made an autopsy —Drs. Roberts, Swafford, and Link, Commenced about ten or eleven o'clock.

We found the ball with which he was wounded. That pistol shot caused his death. I would know the ball. [Here bullet was shown witness. That is the ball. The ball entered the chest three inches and a half above the nipple, passing between the second and third ribs, through the superior lobe 01 the right lung, through the bronchial, through the vena cava, through the left lung downward and backward, pausing out just between the fourth and fifth ribs, then took an upward course and lodged in the left shoulder blade.

The genera) direction was downward and backward, as if the party firing was at a quarter angle from the Doctor. [Witness here illustrates position of the deceased and the supposed position oi the murifcrer.] The theory that we had at the time, was, that the doctor was. sho* while bending forward, perhaps, to reach his whip, and that the party who did the shooting was on horseback. However, our theory about being on horseback was abandoned, The Doctor reaching forward, and the grade, could have given the party shooting the advantage.

DR. ROB5RTS.

The Doctor stated that his testimony would be substantially the same as that of the above, and was excused. •.

v.

DR. SWAFFORD. --"i

I assisted in this post-mortem. The ball entered somewhere between three .and a halt inches above the right nipple, penetrating just between the second and 'third ribs, and crossing out though what is termed the bronchial tube, or the right branch of the first diversion of the windpipe, also a large vein which carries the

blood from the head and superior extremities to the heart, W* severing it entirely but cutting it so that the hemorrhage was very great. The ball parsed out between the third and fourth ribs and lodged under the point of the left shoulder .blade. This would necessarily cause death. [The doctor gave his theory as to the position of both parties which coincides with that of the preceding witnesses. The clothes of the doctor were not powder burnt.

JOHN ROGERS.

The day before Dr. Armstrong was killed, I had been Jo town, and in going home, I went along bv the poor house bridge. Flowers was sitting on the bridge. I knew him but I didn't know his name. The bridge is on this side of the poor house over Lost Creek. I saw him have a revolver in his pocket. I saw the handle. That was at dusk, between 9ix and seven o'clock. I hadn't seen him before that day. He was sitting on the west side 01 the bridge on the bannister The pun was not down. My father', name is Ransom Rogers.

We live about half a mile iVom the bridge, I didn't speak to Flowers or he to ma. He didn't try to get out of my way or hide his pistol, j'

Mr. Mack.—Is that he?1 Witness looked at Flowers and identified him.

ENOS

WADS*

$4$-

I am accquainted with Wm. Flowers. I became acquainted with hitr. while working for George King during hay harvest last JulyI saw him un Wednesday alter the killingot /i rmstrong—the day ot Barnum's show—near the hub and spoke factory, but didn't speak to him. I hollowed at him from a distance but he didn't hear me. and I went on out to King's. That was between four and five o'clock. I saw him on Saturday the Iith of August.

The first time*I saw him he was coming towards town. There was a man with him, a granger wearing a cap. 1 met him on Saturday, on the railroad tracks, near the spoke and hub factory. I had a conversation with him, probably lasting 15 or 20 minutes, asked him how he was getting on. He aid, "pretty well." I asked him where she was going. He said "to town." He asked me where I was going. I told him "to King's." He wanted to know

VI "WHAT'S THE NEWS?"F He said "that's -rpretty bad about Dr. Armstrong being shot." He said "I understand theyhave the Horn boys arrested." I saia "yes, I have got a paper here with all the late news in it." He said "let's hear it." 1 read to him all the arrests that had been made in the case, and he said "that is a pretty strong evidence against the Horn boys." I said "yes." There was a man named Clark—this Floweis used to go bv the name of William Clark— had been arrested, when I read that name. He wanted to know

WHO IN THE HELL

that Clark was. I told him I didn't know: that it was some fellow working around town here, I told him I was going out to King's, and would go back in the evening, and if he would appoint a place, I would get all the news I could about the late arrests, and let him know. He seemed very anxious that I should, and said he would like to know. He was to meet me on the corner of Third and Chestnut streets, at widow Owens' at seven o'clock in the evening. I went on till I got out of sight, and then I came back and repoi ted to Chief Stack that I had seen 'him, and made the arrangements. el said "ver^ well," I should go on and keen this man until nine o'clock, and he woulji arrest him and me together. When 1! went to Mrs. Owens' in the evening, he was not there. I went back again and Flowers was there at Owens'. 1 kept him there till nine o'clock or after, when I pioposed for him to go home and stay all night with me, and we would go out to King's in the morning. On Sunday about eight o'clock I brought him up to town. He wanted to see his partner, David Whitford. I told him we would go to the jail and see him, that I was well acquainted with the turnkey. He said no, he was "afraid the police woald be pretty thick around there' I told, him they would not be apt to be around there Sunday morning. I got him persuaded to go up to the jail, I got him inside, I told him I had a stated warrant for hiro, He said he

WOULD LIKE TO SEE IT,

and that I ought to have told him that when I met him on the railroad. I told him I thqught some other time wonld do just as well. He had a revolver in his pocket. I told him I wanted that. He wanted to leave it at Owen's. ,'-Vj

Mr, Sparks said "it you have the mah under arrest you had bettei turn him over, to Mr. Stack." I took the turnkey with me.

We searched him. Is that the pistol you found on his person .*% [Witness is shown the ptstol'&nd ex* examines it carefully.]

A.—Yes. He did not walk down to the jail and give himself up. Itook himthere to see W. Hetford. I arrested him and disarmed him in the yard and turned him over to Mr. Stack I watched him while he was at my house during the night he got up, dressed himself, and went to the door, about twelve o'clock, but went back to bed again. The man living in the south part of the house came in at that part of the night, and going up stairs made tome noise. I heard him (Flowers) fussing around afterwards, but I didn't speak to him. He didn't see me he said he was stopping at Mrs. Random's. When 1 saw him near the hub and spoke fa9tory, he had a sack of something. I din't ask him what it was. He had three or four eggs in his pocket. He came right out of the cornfield. While cooking at King's he went by the name ot Wm. Clark part of the time.

CHIEF STACK.

I took Flowers into custody on Sun day morning. I was present before Esquire Cookerly at the preliminary examination. Flowers acknowledged being on the bridge, and said he was there till a late hour in the evening—about dusk. He then started to King's. When he got to the cross roads, he took another notion and went north, and said he went into the woods and slept about a mile and a half from the cross roads. He could not give any particular place. He said he did not have any hreaktast next day. I recollect him saying that he had meta man and recognixed him as being one with whom he had been in the penatentiary He said he' was in town the day before Armstrong was killed,'and bought^ten cents worfh of cartridges. He got eight

tor ten cents. He said be shot them Off acruss the river, two at a rabbit and two at a tree. He had four left. The pistol is a six-shooter. A memorandum was left with me about what Piney said. I. don't know where that is now. I don't know that Piney or Baldridge claimed the reward only by what I saw in the newspapers.

They never told me they expected it. •%&. THE AMOUNT OF THE REWARD. now is one thousand dollars, I claim that I am entitled to all of it. If he is convicted I expect allot it. If not. none of it. I don't know whether Johnson or Vandever claim any or not. I agreed to pay Wade for his services whether I got the reward or not, but have never paid him any yet.

ESQUIRE COOKERLY.

This witness testified as to statements made by Flowers in his prelimirnary examination which in substance was the same as that of Chief Stack.

MRS. KINO.

Dr. Armstrong was at our house the night he was killed I saw two men, one in the edge of the coin, and the other in the act of jumping over the fence I thought one ot them was Mr. Flowers I did not speak to the men Flowers had worked at our house that was after sundown, but not before dark—before Armstrong had gone he left the house about halt-past eight o'clock I heard the shots fired they were fired very close togerher —sounded almost like one report I was about as far as from here across the street from the men I don't think it was more than ten minutes after he left the house, when I heard the pistol shot this man Flowers was at our house a good while he was a good, industrious hand, behayed himself well.

KING.

I heart! the shots fired heard a horse run afterward Flowers left on Monday, about ten o'clock, Went by the name of William Flowers there.

KINO'S SON.

I went after Dr. Armstrong. I didn't see Bill Flowers on that track either way. Nobody tried to get me to tell that I saw Bill Flowers.

MRS, OWENS.

I saw Flowers a few days after the murder on Saturday evening abot four or five o'clock. I never called him Flowers. I never called him that. I always thought his name was Bill Clark.

WILLIAM H. JAMES.

I know Flowers saw him the day of Barnum's show, the day after Dr. Armstrong was killed, about 12 o'clock. He said He had been off somewhere on business.

Flowers said he had gone to Mattoon on Tuesday and had just returned, and while there he heard of the murder of Dr. Armstrong. He talked about the murder, and appeared uneasy, and asked what he had better do if they arrested him.

The girl who he was talking to said. «'If they PUT IT ONTO YOU if you can prove where you were that night, you are all right."^ He said he could prove where he was after ten o'clock, but before that he was tramping around,and he 6tayed all night at Harrison James.'

ELIAS BRIDGEWATE

This witness saw lowers I day after the murder in the ^vicinity of the giave yard, near Maijkle's jnill, in company with another man who wore a blue cap^ wham he (witness) did not knew.

TRUMAN S. KING.

This witness testified that he lives on theE.&T. H.R. R, near Markles's mill. I had been "implicated" in thrashing at Corey Barbour's. (Laughter.) Met Flowers and another man on the railroad. They asked about getting work

1

at Barbour's.

I told him there was a poor chance to get work there. They told me they came from Rosedale. We talked about the murder. Mr. Flowers asked me if the doctor was dead. I told him I supposed he was, from hearsay. He asked me how many shots were shot at him i^nd where he was hit. He seemed to be very sorry, and said: "If either one of them had to be killed, he would rather it had been Bill, as Bill was the worst, but both were pretty good fellows." He asked if there was anybody suspicioned. I tcld him I didn't know I said "I guess that case will be just like the Mattox case. There won't be nobody found out" He said he reckoned that would be the case.

ANNIE ALFORD.

I am acquainted with Mrs. Owens, she is my aunt, I was at the. house the night Mr. Flowers came there. I didn't hear the conversation in the daytime. Flowers came back at night. He said he couldn't prove where he was before 10 o'clock on the night of the murder was in the countuv, didn't know where. I said if be could prove where he was he

THIS MORNING.

The court room was crowded this morning long before nine o'clock, |nd it is probable that more interest is manifested in this trial than any that has been held, in this county for years. Flowers was brought in at nine o'clock, and seems to be cheerful. He remarked to a GAZETTE reporter that he didn't think the} had made much of a case against him vet' He is dressed in a good suit of clothes wears a white linen, "stand up" collar and a blue neck tie and has not such a terrible bad countenance as is generally given to the acccused by the average newspaper reporter, but to the contrary is rather a quiet looking man. He sits immediately before the jury and at the side ot his counsel and, to all appearances, no more interested in the proceedings than the crowd of lookers on.

The first witness this morning wafc',' JNO.T, SCOTT. I was present at the examination of Flowers \efore Cookerly. He said that he slept in Jackson's woods. He said it was about three miles from Kings'.

MARTIN BLOOMFIZLD,

a gunsmith, examined the bullet, and said that it was No. 32. A ball would Ibse a little by the friction of the barrel of the revolver. **. DAILEY

Superintendent of the poor asylum: I saw Floweis the night Armstrong murder about half past five, sitting on the Lost Creek Bridge, and on ray return I met him going towards King's about half past seven o'clock. It was not qujte dark.

ALVIN MCKKKNA, ALIAS "PINKY:" I know Flowers and have known him,

about two years. I knew him in Jeffersonville penitentiary. I left him there and first saw him since in Terre Haute along in hay harvest. I saw him before the killing of Armstrong on the Satu rday night before the murder near the Iv&St L. station. He was on his way to Sallie Stevens', a fancy woman. I next saw him on Tuesday night at the bridge, but we met and made arrangements in town several times. We were to meet at the bridge on Tuesday evening. Whoever was there first was to wait tor the other. [Witness here gave an accurate description ot the whereabouts and appearance of the bridge

We left the bridge together and went up the side of the creek to the railroad crossing and then into the corn fields along the Craw^ordsville road until we went into the orchard to get some apples at King's. We waited about three quarters of an hour as near as I can recollect. We waited right by the side ot a big tree on this side of King's. We were waiting for Mr. Armstrong and it was the intention to rob him. Flowers wanted me to hold the horse and he would 'GO THROUbH HIM and make him him hold up hi§ hands like this [witnessillustrates.] He would hold a revolver to him and he [Armstrong] would be so frightened that he would not know who it was. I got so weakened and it pressed upon my mind so that I failed and went into the corn. I was in the third row of corn, and there were two shots fired. I ran down then and fell down and got up and ran. There was an arrangement, that we were to meet next day at the gra\eyard at Markle's. I didn't know that the doctor was killed until next day, till Flowers told me. The night after the shots were fired I went down to the Vandalia Railroad and down across the National Road till I came to a round-house, where I got my breakfast. I was on the road all night and did not sleep any at all

I ate dinner that day with Mr. Milligan, I went from there to the next house and inquired for work, and then went over to the grave yard. I saw Flowers there. He was lying there asleep, curled up and a revolver by his side, and some Cartridges on the ground. We talked together. He said that he had been

A BULLY NIGHT

to do it. It was cloudy. We started from there and went on up the road. He wanted me to step right up to Armstrong. He wanted me to have nerve. I was to grab the horse and hold him and Flowers was to "go through the doctor. He had told me thai Armstrong had a fine gold watch and chain and carried heap of money. I was not familiar with the road about where the murder was committed. I have seen the place since I went out with Stack and Cleary and I pointed out the place when I came to near the tree I am twenty-eight years of age. My name is McKenna. I never shot a man in Ohio. ,j.

1 SHOT MY WIFE."

I have been in the penitentiary tor steal ing a watch from a man I was working for in Vanderburgh County. I was in the penitentiary two years. I gave the name of Piney there. I was discharged from the penitentiary a year ago next month—the 14th of October. I went from there to different places. I arrived in this county last February. It took us ten or fifteen minutes to walk from the bridfie to King's. It is about three quarters of a mile. When Armstrong

come along, I was so frightened that I didn't know anything. I could not hear the buggy. I heard pistol shots after I was over the fence. I was so frightened I couldn't tell hether the horse was black or white. I knew he was coming bul didn't know how fast^he was driving. I could see the horse after the shots were fired—he ran like a deer—raised up and shot right out There was but little said

FLOWERS FIRED

without saying a word. I was standing in the corn field three rows from the fenceFlowers and I had talked about Armstrong having plenty of money, and a gold watch. If Armstrong was not robbed he said, he knew other wealthy persons. The first I tound out about the reward, I heard out in tfie country. I heard it was $2,500. I told Dr. Baldridge if he would help me, I would share the re ward with him, but don't remember as to telling him I would give him $100. I didn't tell Baldridge that I was present when the murder was done- I kept that back. Flowers and I were to enter in to systematic

HIGHWAY BOBBERY.

I don't remember all' I told Baldridge because I was so bothered in my mind I wanted to get the reward at first. The coat I wear I got at Jeffersonville. The first time I told any one that I was with Flowers the night the man was killed was before the graveyard. The first time I was before the grand jury I swore another way. I swore to a lie the first time, but the second time I told it as I tell it now. I.swore to a lie in hopes of making myself clear. I changed and admitted I was present because it pressed upon my mind and troubled me so I could not hold it, and,a. I,,,, ,Jiad

1

down towards Coals Bluff. He said to me, 6ays he, "1 HAVE DONE IT."

1

"Whoever my re/olver hits is my meat." He wanted to know the reason that I didn't stick to what I agreed to I told him I was scared so bad. He said 'Hell, that will never do" says he "I don't want you to 6ay anything about it—keep around and it will die off like the Mattox case. He expected to be arrested but he said they could not prove anything, and it would die away. We went from the grave-yard down the rail road towaid King's. We met King by the bridge. Flowers asked him about work, and asked him about Armstrong. He said to King "I heard he was killed. Did you hear anything about it? how many Jshots he got in him, and where he was shot. Mr. Ki.ig showed him Flowers then asked hirn what he knew about it. King said they had suspicions but were not positive. Bill Flowers then looked at me and winked. I don't think King noticed the wink. After the murder I was also at Rosedale and stayed all night with the constable, this was after I had been down to the round house. I told the constable that I thought I knew who did this deed, I went to Mr. Baldridge's office but didn't tell him all I have told here to-day. I also told him thought I knew who did the deed. Mr. Baldridge talked to me a little and brought me to town on Friday. On the day of the murder I ate my dinner at John Thorp's, one mile and a half from Rosedale. I went down there to see him, I left there about six o'clock in the morning, and went to Grant Station and got my dinner in a log house, and got my supper at Red Robbing', out here abou six miles irom town. I think it was dark. I walked down the railroad track, and when I found I wai close to the place, I turned off and came to the bridge and met Flowers He gaid he expected to rob Armstrong. He said it was a bad night but would be

TO LET IT OUT.

I was not compiled by any one to tell tell it. Nobody ever told me that if I would tell that I was with Flowers that I wou !d go clear. I never knew whether a man who turns state's evidence would go clear or not, but I thought I would be punished. The first time I knew I was indicted, Judge Carlton told me. I didn't surprise me but it sort of

HURT MY FEELINGS.

don't expect getting the reward, or I don't know who claims it. I shot my wife here [witness points to his right knee.] I did not intend to kill here It was just through trouble. They tried to make me out as being insane, down at Jeffersonville. I am a little nettled once in a while. I don't know exactly the obligations of an oath. I believe that ther is such a place as the hereafter, but don'l know whether we will be punished for our crimes or not. I don't think you can prove that yourself, (addressing Judge Carlton). I don't know whether a man would go to hell for killing a man or not I think that a man has his trials ana sufferings in this world, but I never thought there was any.suffering in the hereafter have an idea that I will be punished for the lie I told. I can read and have read the Bible some. I have not been direct ed by anyone to tell anything but the troth. Shooting my wife has caused me much trouble, and I found that this case was working me worse, and I had to tell it. Flowers told me if I told it he would kill me if he ever got a chance Says he "G—dd—n you I'll kill you as sure as Hell," even if I told of his being in the penetentiary. He was in the pen etentiary as Clark. (Witness excused.) -I J. W. B. WOLFE: I have seen these bullet6 before, and weighed this one (witness is shown the bullet taken from the body of Dr. Arm strong.) There is two grains difference between this one and the N0.32. This is a No. 32 ball. 7 L. M. COOK:

There is no number between 30 and 32 cartridges, JOHN CLEARY.

Testified that he went to she scene of the murder with Piney. When they got to the place^Piney recognized the place, and told him to stop. He also described the bridge.

The state here rested the case and W. R. MBRCIR was recalled on for the** tiefense. He testified that he had made a measurement from the hitching post at King,s to the place the murder was committed. I know the doctor's horse and should think it would take about a minute and a half to go from the post to where the doctor fell out I was at home at the. time the murder was com mitted.

DB. BALDRIDGE.

live at Rosedale and have seen Piney twice. He came to me on the Ninth of August, and told me, if he would give me a part of the reward if I would come to Terre Haute with him, and vouch for his character. He finally said he would give me a hundred dollars. We arrested him, He denied being present at the time the thing occured. but said that Flowers had tola him. He didn't say who had offered the reward. He was excited and v« i^ nervous. He took me «ut under a tree—would not talk to me in the office. When we brought him down he wanted to come past the graveyard and he would show us where he found Flowers.

EsquiRE DENKHIE:

lam a Justice of the Peace in P«rke County. I heard Piney say something about the reward was not present when he talked to Baldridge. He did not say anything about being present at the murder but that he thought he knew who the murderer was. (Yross Saturday's Dally)

YESTERDAY AFTERNOON.

WM. FLOWERS.

Q^-Mr. Flowers I will ask you to state whether or not you had anything to do with reference to the IdllingM Dr. Armstrong on August last

A—I did not sir, I knew McKerina alias Piney in Jeffersonville. He go out first I came out of prison on the 26th of last March. The first time I saw

Piney since I have been out, was near Markle's grave yard. I was laying down and he came up and said that he was traveling around hunting work. I never said one word to him about killing or robbing people, or that if he had helped me the night betore I would have been successful I was at Lost Creek bridge on Tuesday evening. I was not in King's orchard on that evening. I got through at King's on Saturday evening, and on Monday I settled up with him. I was not on the premises of King since. After I left Lost Creek bridge I came to the road east of King's, and then I met Mr. Dailv. I went out by Harrison James', where I slept all night in the woods. I didn't have any arrangement to meet Piney in the gravevaid I didn't know he was in this section of the country. On Wednesday, after I saw him, I went down to town and then over to Marshall on some lumber wagons. -I walked from to Paris and returned here on Saturday morning. I was at Sallie Stevens on Saturday and she told me the police were looking for me. I didn't run away but came up town. I went to the post office and from there to Basset's shoe shop and then to Mrs. Owen's where I met Wade. I staid all Saturday night with Wade and came up to the jail where I was arrested. I didn't see Piney the Saturday betore Armstrong was killed. In Jeffersonville Piney was regarded as being insane. 'lhe testimony consisted in mainly denying all the testimony of the prosecution and no new tacts were elicited.

SALLIE STEVENS.

I know William Flowers and saw him the Saturday evening before he was arrested. He was at my house, I informed him that the police had been there and I thought it was for him. I said "did you kill Dr. Armstrong," says he "MY GOD NO, SALLIE, I don't know anything abeut it." He acted like he didn't know that Armstrong was killed. He has been at my home a good many times.

At this juncture a good deal of excitement was caused by the defense. Judge Carlton stated that th« defense would show that Geo. Arnold murdered Dr. Armstrong. The first witness called was

WILLIAM A. WERNEB.

Q. Where do you live, Mr. Werner? A. I am at present at the Mayers house.

Q. Are you a clerk at the Mayers' house? -E A. I am stetSardr

Q- Do you know George Arnold? A. Yes, sir. ,' •, Q. State to tbe jury all you know with reference to the killing of Dr. Armstrong?

A. On the morning of August 8th, Miss Allie Austin came to me and Bays, "I know enough to send George Arnold to the penitentiary."

H. ^Objected to as heresay testimony.] Q. Do you know when Arnold came home on the night of the 7ty in a bnggy?

A. .Between three-quarters after 8 and 0 o'clock. jT Q. With whom ha& he been out riding?

A. Allie Austii^ Q. What did say about Armstrong when he came baejk? [Objected to.J

Secoud—What did you hear George Arnold say on the night of the 8th in regard to this murder? [Mr. Mack, of the prosecution, contended that this was not competent evidence under the rules of law, being the ssere statement of a third person, coming strictly within the range of hearsay evidence.]

Judge Carlton stated whst he intended to prove by the witness—that Arnold had admitted his guilt, exclaiming, in his remorse, "my G-—d,

WHY DID I KILL DR. ARMSTRONG I" He claims that this was a declaration against his'own interest, and was therefore admissible.

After an animated legal quibble, the court stated that he would take the question under sdvisement until thismorning, when tbe prosecution withdrew their objection and the examination of the witness was proceeded with as follows: 1 Q. About how long after the murder of Dr. Armstrong was it that George Arnold left here?

A. Either five or six days I ain't positive.

1

Q. What did he do?

1

A. I don't know.

1

Q. Have you attempted to ascertain where he is since he left? G. Yes, sir.

Q. At what time did Arnold.come home on the night of the 7th? A. He came home on the night of the 7th at three quarters after 8 or 9 o'clock.

Q. Wnat exclamation did he make about Armstrong when he catne home that night? ,r

A. ISone on that nighty Q. On the ne night what did you hear him say?

A. On the next night, show night, the night of the 8th, he^brought Allie Austin and Miss Fannie Mount from the show. As he went op the steps he told Allie to "go to h—P and says he.

MJ

guess Armstrong is there already." 1 went to bed about 11 o'clock. About. 1 o'clock somebody called me and said, 'George Arnold wanted to kill Allie Austin." I went up there and George was gone. She told me the same thing. He came up again in about ten minutes after I got there. I saw Mr. Fairbanks, and told him I guessed there would be trouble and I mightneed him. He said, well, he #onld be ft Mr. Brown's room. In about five minutes after that, Geoige commenced to beat Allie Austin. Then I called Mr Fairbsnks, and We' went to the door. I knocked, and he opened it, told him be had to quit this noise and 4o to bed, that persons in the next room didn't wan to be disturbed. Fairbanks went into the room then and lay down on the bed. I stood at lhe door tbe door was partly closed, open just enough for me to see In. In from three to five minutes, Arnold says, "My God, why was I tempted to do itr Says he, "Allie, if you squeal on me you will get yourself into trouble, for vou were in the buggy with me." He took the sheet in his bands and eunmenced

GROANING A*D CRTDTO,

ia perfect agony and repeated U» qoe»tion, "My G-d. why wai .1 teaintedto shoot Armstrong?" Mr. Fairbanks was In the room at the time I was «»Hisr at the door. Mr. Fairbanks

and told

mint

him

out

to paas on to the next room

and I would stay there at the door. I partially closed the door, then throwed it open again. Ho commenced to bant her ia a little bit. I told him he mast quit

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