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you"; as soon as the lie passed, Ward made a motion to Butler; could not see Ward make the motion, but I heard him move; cannot tell whether he moved forward or backward; Butler's back was towards me, and between us, so that I could not see Ward distinctly; as soon as I heard the lie given, I turned around to pick up the tongs, and thus I only know that Ward made the motion by the sound on the floor; Butler then made a little, quick movement; it was not as if moving away from Ward; I thought if Butler were going to whip Matt.. that Robert might interfere with a knife or something.

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 intention, when I picked up the tongs, to keep Robert off while Butler whipped Matt.; knew of course, that he would not stand the d-d lie; Butler was a courageous man-he would not stand an insult; there was something about Butler's movement-I don't know exactly what-that induced me to believe he was go

ing to resent the insult he had received; Butler could not have whipped Ward; it was my impression from the appearance of Matt. Ward when he came in, that he was in good health; he had no such wan, pale, feeble look as he wears now; never saw Butler fight, or knew him to have a quarrel.

Mr. Marshall objected 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 seventeen years of age; was in the school-room when the Wards came; Matt. asked Butler which was the worst, a contemptible little puppy who begged the chestnuts, and then lied about it, or his brother who gave them to him; Butler replied: "Walk into the next room and I will explain it to you"; Ward said: "I want an answer here, and if you will not reply to this question I have another for you; did you call my brother a liar?" Did not hear the answer, and Ward said something more which I did not hear; Ward advanced towards Butler; noticed that Butler's right hand was on Ward's left shoulder, and Butler's left hand was catching at Ward's right arm; just then the pistol fired; my back was

towards the parties; Ward held his hat in his left hand and gesticulated with it; held the pistol in his right hand when he fired it; did not see the pistol until the very moment he fired; saw no striking; Butler staggered towards the door of Sturgus' room and fell; afterwards got up and started to

enter the room.

Cross-examined. First heard Ward say something about settling a little affair or something of that kind; I was eight or ten feet from them when they conversed; heard Butler distinctly ask Ward to walk into the next room; Butler spoke in his ordinary tone; he said: "This is no place to answer such a question"; did not hear the latter portion of the conversation; anticipated no difficulty;

did not hear the lie given at all; Ward moved about three steps towards Butler; Butler did not approach him; expected a difficulty then; judged that Ward had a knife, from the tone of voice in which he spoke; there was a noise in the room which prevented me from hearing the d-d lie given.

A. B. Zanzinger. Am seventeen years of age; was present in the school-house when this affair occurred; a servant came there that morning, for Victor Ward and his books; about ten o'clock, was reciting in Sturgus' room; while we were there there was very loud talking in the school-room; Sturgus and the most of the class stepped to the door and saw Matt. Ward engaged in loud conversation with Butler; Sturgus called us back and the recitation went on, the door being closed; shortly after we heard a pistol discharged; we went out immediately; Butler had then been lifted up; Matt. Ward had gone and Robert was flourishing a knife about the

room.

Cross-examined. Did not notice whether Butler was on the floor or not, when I went into the school-room the second time; jumped right out of the window, and saw the boys taking Butler up towards Col. Harney's house; Butler was not brought into Sturgus' recitation-room while I was there; did not see Sturgus after I went back into his room the second time; do not know what became of him.

William H. Fagan. Am eighteen; was in Sturgus' recitationroom; heard one of the boys say, "Mr. Wards are there";

went to the door for a moment, and then returned; just then heard a pistol discharged; went to the door again; Matt. Ward had gone; Butler was on the floor and Robert was flourishing a knife; jumped out of the recitation-room window and went around to the steps; in about three minutes Butler came down the steps assisted by Knight, and we assisted him to Col. Harney's; believe no one else took hold of him except Johnson; there were men walking along with us.

Cross-examined. It is one square from the school house to Col. Harney's; Butler fell into my arms while we were on the way, and we then carried him in our arms.

Davis M. Buckner. Am thirteen; was in Butler's recitationroom, when a boy came in and told him Mr. Ward desired to see him; he went out, and shortly after, hearing loud. voices, I went to the door; Ward just then shot Butler, and he fell near the door of Sturgus' room; heard none of the conversation; went back and jumped out of the window.

Cross-examined. Butler and Ward stood very near together when the pistol was fired; think Butler was standing still; did not notice any scuffling; was a good deal scared; after Butler had left the house, I saw Sturgus going after Dr. Caspari.

Henry C. Johnson. Am fifteen; was in Butler's recitationroom, when Minor Pope came in and said two gentlemen wanted to see Prof. Butler; he went out; could hear Butler and Ward in earnest conversation, but could

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Joseph Benedict. teen; was present at Prof. Butler's school-house when the defendant came; was standing in the main school-room; when called for, Butler came out and spoke to Ward politely; Ward asked which was the most contemptible, the little boy who begged chestnuts and then lied, or his brother William; did not hear Butler's reply-he always spoke very low; there was more conversation, but I could not hear the words; saw Butler step forward and lay his right hand on Ward's shoulder nearly at the same instant saw the pistol flash; did not see Butler strike.

Cross-examined. Had risen from my seat, and was still standing at it to go into the recitation-room and ask Prof. Butler something about my French lesson, when he came out to speak with Ward; did not hear a word that Butler said; (expected a difficulty when I saw Butler lay his hand on Ward's shoulder; I knew he would not do it for nothing) believe Butler pushed Ward back when his hand was on his shoulder; saw that Ward was bent over as he was pushed back, before the pis

tol was fired; do not recollect whether two gentlemen came there and spoke with us, or not; was so excited that I could hardly think or see any thing; did not tell any one there that Butler had struck first and Ward had then fired.

Edward Quigley. Am seventeen; was present in the schoolhouse, sitting about twenty steps from the door, when the Wards came in and inquired for Prof. Butler; he came out and spoke to them, and they then conversed in a very rapid manner; was about twenty feet from them, but could hear none of the conversation; when I looked at them again, Butler had his hand on Ward's shoulder; Ward gave way a little, and was pressed back against the door; he then fired, and Butler fell; did not see Butler strike Ward.

Cross-examined. When Butler put his hand on Ward's shoulder, they were about eight feet from the door; he did not crush him to the ground-only towards the door; about five minutes passed between the time of Butler coming out, and the firing of the pistol; went out of the window through Butler's recitation room; did not see Sturgus after the affair took place, until he came across the street with Mrs. Butler; may have seen some gentlemen come up, while there; cannot say what I may have said to them; I was much excited; sat facing the parties in the room.

William R. Redding. Am sixteen; saw Matt. and Robert Ward come in and stand near the door; one of the boys went

for Butler, who came out and bowed to them. Ward said: "I have come to see you about that affair"; Butler asked him to step into the recitation room, but he replied, "No, I want to talk here"; other conversation ensued which I could not hear, though I caught the word "liar" once; I heard the report of a pistol, and as I looked around, Ward was just taking his hand away from Butler's breast, and Butler fell; the scholars then retreated, and I went with them; was not looking at the parties all the time during the conversation; did not see Butler strike.

Cross-examined. After the occurrence, was in the front yard for about a minute; do not recollect seeing any gentleman come while I was there; did not tell any one that Butler struck Ward first.

J. J. Gillmore. Am a gunsmith; on the morning of second of November last, Matt. F. Ward came into our store about nine o'clock; he asked to look at a pistol; he took it, examined it, asked the price, and told me if I would load it he would take it; did so; he then hesitated a moment, asked the price of the pair; told him, and he said if I would load the other he would take the pair; loaded the other, and he took them; he inquired for small pocket pistols; the pair I sold him were small, selfcocking ones; this pistol is one of the same kind; they are good pistols; suppose they would shoot through an inch plank, two feet from the muzzle; loaded each of them with powder and ball, and put caps on them; they were fully prepared for

use; did not observe whether he put them in his pocket; do not recollect that he said he wanted pistols that were certain, or any thing of the kind.

Mrs. Martha A. Harney. Reside in Louisville, on Chestnut street, between First and Second; on the morning of the second November last, between nine and ten o'clock, met Mr. Matt. Ward on Third street, near the Post Office; he seemed to be under excitement; there was a firmness and determination in his appearance I had never seen before; think he had one of his hands in his pocket and the other by his side; returned home and found Prof. Butler there lying on the rug in the parlor; the house was full of people; when I entered the room he raised his hand to me in recognition; knelt by his side and begged him to be composed; he seemed much agitated: I told him to be quiet, as much depended on it, that the physicians thought it was only a flesh wound, and we hoped he would recover; he said he could not; he said, "No

do not be deceived-I cannot live: when I am gone, will you be kind to my poor wife and baby?" He desired to see Mrs. Butler; seemed impressed with the conviction that the wound was mortal; was with him until his death; brought Mrs. Butler; he died the same night between twelve and one o'clock.

Cross-examined. Am the wife of Mr. Harney, the editor of the Louisville Democrat.

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