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him to be calm-that the phy- something to allay the pain; sicians thought he would recover, some fifteen or twenty minutes but that every thing depended after, a noise proceeded from on his being kept quiet; he said, the wound. Dr. Flint said that "No, Lizzie-don't deceive your- the ball had passed into the self-I am dying"; he thought, cavity, and forced the air out until his death, that the wound through the blood, causing the was fatal.

noise; Butler then said he was The Counsel for the Defense a dead man; about four o'clock declined asking Mrs. Butler any in the afternoon he seemed betquestion, remarking that they ter, and we hoped a reaction had no desire to inflict suffering would take place; but he soon upon her by calling her mind to commenced failing again, and the details of the unhappy oc- continued to do so until he died; currence.

he seemed fully convinced all the Dr. D. D. Thomson Reside time after I saw him, that he was in Louisville and practise my dying; we deemed it useless to profession there; shortly after punish him by probing further; ten, on the morning of second Prof. Butler was

a man who November, was called to Col. would weigh about 135 or 140 Harney's residence to see Prof. pounds; his right hand was disButler; he was deathly pale and abled, so that it could not be faint, he asked me if he was not straightened after his death; a dead man; told him I hoped there can be no doubt the wound not, but could not tell until I caused his death. had examined the wound; we Cross-examined. When I artook off his coat and tore open rived at Col. Harney's, several his shirt; the wound was on the boys and some ladies were in the left side, about inch and half room with Prof. Butler; saw Mr. obliquely above the left nipple; Sturgus, after I had been there it was much burned with powder awhile; recollect seeing no other around it; attempted to probe it man there except him--two or but failed to do so, being un- three boys assisted me in stripable to follow the wound; I then ping Prof. Butler; think Knight asked him in what position he was one of them; think Dr. Yanstood when he received the ball; dell came in while I was probing he replied that they were clinched the wound; Dr. Caldwell came in said Ward had come to see him, shortly after; at his suggestion they had had a conversation in we attempted to probe the wound which Ward called him a dd while Prof. Butler's arm was liar, and struck him; that he held up, thinking that his hand struck back and was shot, but must have been raised while he did not see who fired the pis- was clinched with Ward, and tol; Dr. Caldwell came in, and supposing that we could ascerassisted, but we succeeded in tain the direction of the ball more tracing the direction of the ball successfully, while his arm was only a short distance, as probing in the same position; while Butwas very painful; we did not ler was speaking about the matpursue it further, and gave him ter, Drs. Yandell and Caldwell

was

were both in the room,

and near

ed with Prof. Butler; his right enough to hear him distinctly. hand was always disabled; he

Mr. Wolfe. Is it customary in could not open or close the fingLouisville for young men to go

ers of it. armed? I do not know.

Patrick Joyce. Prof. Butler Mr. Wolfe.

Are you

not

could not open the fingers of his armed now, sir? Did you not right hand; first knew from obarm yourself before you left

serving once in the French AsLouisville? I shall decline to

sembly, that when a lady asked answer unless I am directed to

him to point out Cavaignac or do so by the COURT.

Lamartine, he indicated the place The COURT. The witness is

where he sat with his arm, but not compelled to answer the

his fingers were pointed in quite question unless he sees fit. another direction, nearly at a Dr. L. P. Yandell.

Am a

right angle, he misled the lady, practising physician in Louis

who followed, with her eye, the ville; saw Prof. Butler shortly

direction of his fingers instead after he was shot, he seemed to

of his arm. be mortally wounded; Dr. Thomson

Cross-examined. Butler was attempting to probe the wound, and when Dr.

a man of very fair strength in Caldwell came in, he attempted exercising with his arms, in the

his arms; he was in the habit of to assist; the probes did not seem to penetrate the chest, and

gymnasium; think he was strong

er than the average of young we expressed hope that the wound might not be fatal;

men, who frequented the gymshortly after, however, I heard nasium; once crossed the ocean the blood issue from it in a man

with him, and had an opporner that convinced me the ball

tunity to notice that he had much had entered the cavity; I asked

more strength than I had; have him the position he was in as he

seen him show great alacrity in received the wound, he replied climbing ropes, hand over hand, that they were clinched; that

and other feats of dexterity on Ward called him a dd liar ship-board; have also seen him or scoundrel, and raised his suspend himself by his hands hand; that he (Butler) then upon horizontal poles in the struck Ward—they clinched, and gymnasium, and then draw up he was immediately shot; But

his body. ler did not state in my hearing, Mrs. Frank Carter. Assisted that Ward had struck him at all. in gloving Prof. Butler's hands

Dr. Muguet. Went to after he was dead; it was imProf. Butler after he was shot, possible to open his right hand, and remained until his death; which was much contracted; saw was present at the post mortem no gentleman there but Dr. examination; was well acquaint- Thomson, when I entered.

TESTIMONY FOR THE DEFENSE. Dr. W. B. Caldwell. Was after he was shot; Dr. Thomcalled to see Prof. Butler, soon son and Dr. Yandell were with

see

some

say that

him, and

other persons State). Am a physician residing whom I do not recollect; asked in Louisville; had known Prof. him his position at the time he Butler some ten years; one of his received the shot; Butler replied hands were crippled by a burn he did not know which one shot when he was young, so that the him, as they were engaged at fingers were contracted; he could the time; the probe would not not open his hand wide, nor close penetrate, until the

arm

was it so as to grasp; nor double his raised, as a man's would natural- fist exactly like other men; was ly be, when engaged in conflict; called to see him on the day he did not hear Butler

was shot, about 10 o'clock; atWard struck him.

tended the post mortem examinaA number of witnesses, eleven tion; the ball was extracted from in all, testified here to the good the back bone where it was imcharacter and peaceable disposi- bedded; while Butler lived Dr. tion of the prisoner. Among Thomson remained with him them were Rev. E. W. Sehon, an during my absence, and I staid Episcopal Minister of Louisville, with him while Dr. T. was abJ. Perkins and William Preston, sent; did not hear Butler conmembers of Congress from verse with any one I did not Louisiana and Kentucky, James know, while I was in the room. Guthrie, Secretary of the Treas

George D. Prentice. About ury, George D. Prentice of the

five hours after the difficulty Louisville Journal, Isaac H. Stur- with Butler, saw Matt. Ward, a geon, St. Louis, Mo. Some of

portion of the cheek and the them spoke of him as not robust

eye were unusually red and apand in poor health.

peared swollen; should not have April 20.

inferred that a severe blow, but Dr. J. B. Flint (called by the some injury, had been received.

Mr. Wolfe. Will you tell the jury whether it is the ordinary custom in Louisville to carry arms ?

Mr. Carpenter objected.

Mr. Helm. We desire to prove the custom with a view to rebut and repel any presumption of malice on the part of the defendant. It is usual to carry arms, especially in large cities.

Mr. Carpenter. An illegal custom cannot be shown to justify a wrong. There are many bad customs which it is the object of the law to break up. The custom of shooting persons is too common. If it could be shown that every man in Louisville was in the habit of bearing arms, it could be no mitigation in this case. A custom could not justify a breach of law.

The COURT. The Commonwealth had shown defendant to have procured pistols on that day; the question now at issue was, whether this killing was done in self-defense, in the heat of passion, or maliciously. Any facts tending to show the motives of the accused were legitimate. If the defense could show that it was the custom in Louisville to carry arms, it might remove imputation of malice. The carrying arms for defense was not illegal. The question is proper.

Mr. Prentice. My impression and has been delicate for years; is that the proportion of those he weighed 111 pounds. citizens who bear arms habitual- J. M. Barlow. Reside in ly, is small. Nevertheless, almost Louisville; am a carpenter; am a every young man, if he is ex- married man; was born in Kenpecting an interview which is tucky, Harrison county; on secunpleasant and may result in ond November, passed the Louiscollision, especially with a per- ville High School, met Mr. Rauson of superior strength, arms son's little boy; noticed that the himself. Have known numerous boys were all out, some without instances in which it has been their caps on, and wondered what done—not to commit violence, was the cause; the little lad told but to prevent disgrace.

me that Matt. Ward had killed Maj. T. L. Alexander. Am an Mr. Butler; asked if he was dead officer in the U. S. Army; saw yet, and he replied, No; saw the defendant about half an hour boys taking Prof. Butler to Col. after this difficulty; saw on his Harney's; followed them there, left cheek the appearance of a but did not go in; returned to blow; have often known arms the school-house, and while I borne on the person in Louis- stood there Dr. Thomson came ville; do not know that it is al- up; asked if he was going up to ways done, but it is usually the attend Prof. Butler; he replied case when a difficulty is antici- that he was, and I went with pated; have done it myself; it him; we entered and found him has universally been done for lying on a rug in the middle of purpose of defense, not assault. the floor in front of the fireplace;

John 0. Bullock. Saw defen- the doctor commenced fumbling dant within an hour after the over him, and I suggested that difficulty with Prof. Butler; one it would be well to take off his of his cheeks was much redder coat; we did so; a young man than the other; it was my be- there, whose name I did not lief that he had received a blow; know, assisted in taking off his never heard character of defen- coat; while we were doing so, dant questioned; he has uni- I asked him, “Who done this?” formly been considered of a re- He replied, "Matt. Ward did it”; markably peaceable and quiet I then asked, "What for, sir ?" disposition, both as boy and He said, "I had been correcting man; his health is very feeble, one of the boys for disobeying the regulations of the school, and one; went to see Mr. Robert J. they both came to the school- Ward six weeks after the occurhouse; Matt. said he had come rence; have spoken to Mays and to seek for an explanation, and

Sullivan about the matter; asked in the conversation, he gave me

Mr. Ward if it would do any the d-d lie; I struck him for good to have a witness who it, and in the fuss, he threw his would prove that Butler struck right hand round against my Ward first; he said that was the breast and fired; the pistol stuck evidence they wanted; told him in my coat, and I afterwards I was one who could prove it; knocked it out."

he asked me if I would meet him When we had got the coat off, at Mr. Wolfe's office the next Dr. Thomson cut open his shirts morning; told him my business with a pair of scissors; Drs. Yan- was such that it kept me the dell and Caldwell came in a mo- whole day; he told me I should ment after, and they attempted lose nothing by going; I told him to probe the wound; they did I did not wish to be understood not succeed, however, the probe in that way, only that I was comgoing up towards the arm-pit; pelled to work for my living and the wound was about an inch could not lose my time; never and three quarters from the left told Mays or Sullivan that he nipple; Dr. Thomson remarked told me I should be ten times rethat the wound was not danger- paid, or amply repaid; it was ous, and I then left; called again between nine and ten o'clock at one o'clock, and Dr. Thom- when I passed the school-house son told me he was very poorly, that morning; it was twenty minthat they had found the ball had utes of eleven that morning when entered the cavity of the heart; I got back to the shop; Dr. saw Butler no more after this; Thomson had his case of instruDr. Thomson was in the room ments in his hand as we walked while I was conversing with But from the school-house to Col. ler, he had not then commenced Harney's; he sent out for some to work on Butler, as his clothes brandy, and gave Prof. Butler were not taken off; Butler had some; have never bet that Matt. on a black, half-sack coat, and Ward would be cleared here by a satin vest; a black silk hand- this jury; never offered to bet kerchief on his neck; he wore a Mr. Sullivan $25 that this would dickey.

be the case; first went to see Cross-examined.

Never saw Mr. Ward of my own accord, Prof. Butler until that day; had and because I considered it a known Dr. Thomson by sight for duty; have said I expected to two years; am thirty-six years of go to California after this trial; age; have talked with Mr. Mays may have told Mays and Sulliin regard to this matter, told van that I had played cards in him on that day that it was a jail with Matt. Ward and Mrs. most aggravated murder, Ward for amusement. something to that effect; told Mr. Direct examination resumed. Ward himself, that I was Never bet a five cent piece on much against him at first as any the result of this trial; there

or

as

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