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there until ten o'clock that night; you”; as soon as the lie passed, the only person with me whom Ward made a motion to Butler; I recollect, was Knight; saw no could not see Ward make the one but the school-boys assist in motion, but I heard him move; taking him there; when Butler cannot tell whether he moved fell, the boys all ran out im- forward or backward; Butler's mediately; followed them and back was towards me, and betold them to come back, but only tween us, so that I could not see a few of them did so.
Ward distinctly; as soon as I Cross-examined. Saw Butler heard the lie given, I turned stagger across the entry and around to pick up the tongs, and go into Sturgus' room; the thus I only know that Ward only part of Butler's conversa- made the motion by the sound on tion I heard was, “Well, Mr. the floor; Butler then made a Ward—”; I was about four feet little, quick movement; it was not from the spot where Ward and as if moving away from Ward; Butler conversed; did not hear I thought if Butler were going to the reply, to which Ward said, whip Matt., that Robert might “Well, if you will not answer interfere with a knife or somethat question, I have another for thing.
Mr. Marshall. Well, sir, was it not your impression from what you saw then that Butler was about to whip Ward ?
Mr. Carpenter. We object to the question as improper.
Mr. Marshall. It will be remembered that the Commonwealth had proved by the witness that he thought there was to be a difficulty; I wish to show more particularly what he thought the nature of the trouble was to be.
Mr. Gibson. If his testimony on that point was improper, the gentleman should have objected to it at the time.
Mr. Marshall. If the gentlemen introduce incompetent evidence, and obtain the benefit of it, I suppose they will not make us responsible for it, because we did not object.
Mr. Gibson. We have no desire to introduce incompetent testimony at any point.
Mr. Marshall. I presume not, and once for all, to prevent future misunderstandings, I wish to state that in commenting upon the course of any gentleman present, I shall not assail his intentions, unless I do it plainly and explicitly.
The Court permitted the question, in view of the previous testimony given by the witness on that point during his examination in chief.
Campbell. It was my inten- ing to resent the insult he had tion, when I picked up the tongs, received; Butler could not have to keep Robert off while Butler whipped Ward; it was my imwhipped Matt.; knew of course, pression from the appearance of that he would not stand the Matt. Ward when he came in,
- d lie; Butler was a courage- that he was in good health; he ous man—he would not stand had no such wan, pale, feeble an insult; there was something look as he wears now; never saw about Butler's movement-I Butler fight, or knew him to have don't know exactly what—that a quarrel. induced me to believe he was go
Mr. Marshall objeoted to going into the general character of Butler. The defense were ready to admit at once that he was a peaceful, quiet, decorous gentleman; and that no one could possibly regret his death more deeply than the parties now on trial. His questions had only elicited the fact that the deceased—to his honor be it spoken-was a brave man, who would not bear an insult—not that he was a quarrelsome one.
Mr. Carpenter said that as the fact was admitted, the questions would not be pressed.
George W. Crawford. Am towards the parties; Ward held seventeen years of age; was in his hat in his left hand and the school-room when the gesticulated with it; held the Wards came; Matt. asked But- pistol in his right hand when he ler which was the worst, a con- fired it; did not see the pistol temptible little puppy who until the very moment he fired; begged the chestnuts, and then saw no striking; Butler staglied about it, or his brother who gered towards the door of gave them to him; Butler re- Sturgus' room and fell; afterplied: "Walk into the next wards got up and started to room and I will explain it to enter the room. you”; Ward said: "I want an Cross-examined. First heard answer here, and if you will not Ward say something about reply to this question I have settling a little affair or someanother for you, did you call my thing of that kind; I was eight brother a liar?" Did not hear or ten feet from them when they the answer, and Ward said some- conversed; heard Butler disthing more which I did not hear; tinctly ask Ward to walk into Ward advanced towards Butler; the next room; Butler spoke in noticed that Butler's right hand his ordinary tone; he said: was on Ward's left shoulder, and “This is no place to answer such Butler's left hand was catching a question"; did not hear the at Ward's right arm; just then latter portion of the conversathe pistol fired; my back was tion; anticipated no difficulty;
did not hear the lie given at all; went to the door for a moment, Ward moved about three steps and then returned; just then towards Butler; Butler did not heard a pistol discharged; went approach him; expected a dif- to the door again; Matt. Ward ficulty then; judged that Ward had gone; Butler was on the floor had a knife, from the tone of and Robert was flourishing a voice in which he spoke; there knife; jumped out of the recitawas a noise in the room which tion-room window and went prevented me from hearing the around to the steps; in about d- d lie given.
three minutes Butler came down A. B. Zanzinger. Am seven- the steps assisted by Knight, and teen years of age; was present we assisted him to Col. Harin the school-house when this ney's; believe no one else took affair occurred; a servant came hold of him except Johnson; there that morning, for Victor there were men walking along Ward and his books; about ten with us. o'clock, was reciting in Sturgus' Cross-examined. It is one room; while we were there there square from the school house to was very loud talking in the Col. Harney's; Butler fell into school-room; Sturgus and the my arms while we were on the most of the class stepped to the way, and we then carried him door and saw Matt. Ward en in our arms. gaged in loud conversation with Davis M. Buckner. Am thirButler; Sturgus called us back teen; was in Butler's recitationand the recitation went on, the room, when a boy came in and door being closed; shortly after told him Mr. Ward desired to we heard a pistol discharged; we see him; he went out, and went out immediately; Butler shortly after hearing loud had then been lifted up; Matt. voices, I went to the door; Ward Ward had gone and Robert was just then shot Butler, and he fell flourishing a knife about the near the door of Sturgus' room; room.
heard none of the conversation; Cross-examined. Did not went back and jumped out of the notice whether Butler was on the window. floor or not, when I went into the Cross-examined. Butler and school-room the second time; Ward stood very near together jumped right out of the window, when the pistol was fired; think and saw the boys taking Butler Butler was standing still; did not up towards Col. Harney's house; notice any scuffling; was a good Butler was not brought into deal scared; after Butler had left Sturgus' recitation-room while I the house, I saw Sturgus going was there; did not see Sturgus after Dr. Caspari. after I went back into his room Henry C. Johnson. Am fifthe second time; do not know teen; was in Butler's recitationwhat became of him.
room, when Minor Pope came in William H. Fagan. Am eigh- and said two gentlemen wanted teen; was in Sturgus' recitation to see Prof. Butler; he went out; room; heard one of the boys could hear Butler and Ward in say, "Mr. Wards are there'; earnest conversation, but could not hear what they said; saw the tol was fired; do not recollect pistol fired, and Butler fell to whether two gentlemen came wards Sturgus' room; jumped there and spoke with us, or not; out the window.
was so excited that I could hardCross-eramined. We sup- ly think or see any thing; did ported Butler to the corner of not tell any one there that ButSecond Street: he then wanted ler had struck first and Ward to lay down, and said he was had then fired. dying; we carried him from there Edward Quigley. Am sevento Col. Harney's; stood about teen; was present in the schoolten feet from Butler and Ward; house, sitting about twenty did not hear a word that was steps from the door, when said; could not distinguish the the Wards came in and invoices apart.
quired for Prof. Butler; he Joseph Benedict. Am four came out and spoke to them, teen: was present at Prof. But- and they then conversed in a very ler's school-house when the de- rapid manner; was about twenty fendant came: was standing in feet from them, but could hear the main school-room: when none of the conversation; when called for, Butler came out and I looked at them again, Butler spoke to Ward politely: Ward had his hand on Ward's shoulasked which was the most con- der; Ward gave way a little, temptible. the little boy who and was pressed back against begged chestnuts and then lied, the door; he then fired, and Butor his brother William; did not ler fell; did not see Butler hear Butler's reply-he always strike Ward. spoke very low; there was more Cross-examined. When Butconversation, but I could not ler put his hand on Ward's hear the words; saw Butler step shoulder, they were about eight forward and lay his right hand feet from the door; he did not on Ward's shoulder nearly at crush him to the ground-only the same instant saw the pistol towards the door; about five minflash; did not see Butler strike. utes passed between the time of
Cross-examined. Had risen Butler coming out, and the firfrom my seat, and was still ing of the pistol; went out of standing at it to go into the the window through Butler's recitation-room and ask Prof. recitation room; did not see Butler something about my Sturgus after the affair took French lesson, when he came out place, until he came across the to speak with Ward; did not street with Mrs. Butler; may hear a word that Butler said; have seen some gentlemen come (expected a difficulty when I saw up, while there; cannot say what Butler lay his hand on Ward's I may have said to them; I was shoulder; I knew he would not much excited; sat facing the pardo it for nothing) believe But- ties in the room. ler pushed Ward back when his William R. Redding. Am sixhand was on his shoulder; saw teen; saw Matt. and Robert that Ward was bent over as he Ward come in and stand near was pushed back, before the pis- the door; one of the boys went
for Butler, who came out and use; did not observe whether he bowed to them. Ward said: put them in his pocket; do not “I have come to see you about recollect that he said he wanted that affair"; Butler asked him pistols that were certain, or any to step into the recitation room, thing of the kind. but he replied, “No, I want to Mrs. Martha A. Harney. Retalk here"; other conversation en- side in Louisville, on Chestnut sued which I could not hear, street, between First and Secthough I caught the word “liar" ond; on the morning of the once; I heard the report of a second November last, between pistol, and as I looked around, nine and ten o'clock, met Mr. Ward was just taking his hand Matt. Ward on Third Street, away from Butler's breast, and near the Post Office; he seemed Butler fell; the scholars then re to be under excitement; there treated, and I went with them; was a firmness and determination was not looking at the parties in his appearance I had never all the time during the conver- seen before; think he had one sation; did not see Butler strike. of his hands in his pocket and
Cross-examined. After the oc- the other by his side; returned currence, was in the front yard home and found Prof. Butler for about a minute; do not recol- there lying on the rug in the lect seeing any gentleman come parlor; the house was full of while I was there; did not tell people; when I entered the room any one that Butler struck Ward he raised his hand to me in recfirst.
ognition ; knelt by his side and J. J. Gillmore. Am a gun- begged him to be composed; he smith; on the morning of sec- seemed much agitated: I told him ond of November last, Matt. F. to be quiet, as much depended Ward came into our store about on it, that the physicians thought nine o'clock; he asked to look it was only a flesh wound, and at a pistol; he took it, examined we hoped he would recover; he it, asked the price, and told me said he could not; he said, "No if I would load it he would take —do not be deceived—I cannot it; did so; he then hesitated a live: when I am gone, will you moment, asked the price of the be kind to my poor wife and pair; told him, and he said if baby?” He desired to see Mrs. I would load the other he would Butler; seemed impressed with take the pair; loaded the other, the conviction that the wound and he took them; he inquired was mortal; was with him until for small pocket pistols; the pair his death; brought Mrs. Butler; I sold him were small, self- he died the same night between cocking ones; this pistol is one twelve and one o'clock. of the same kind; they are good Cross-examined. Am the wife pistols; suppose they would of Mr. Harney, the editor of the shoot through an inch plank, two Louisville Democrat. feet from the muzzle; loaded Mrs. Elizabeth Butler. When each of them with powder and Mrs. Harney took me to my husball, and put caps on them; band, he told me not to be dethey were fully prepared for ceived—that he was dying; told