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The State Vs. Virgil Butt
1915 - Part V

Source:  TSL&A Microfilm # A-5162
Sumner County Probate Records (County or Chancery)
Loose Records 3444 - 3513

Transcribed by Jan J. Barnes
© 2002

Loose Record # 3444

Testimony of Rufus Green, Ballard Mays, Hugh Harris, Gilbert Perdue, W. T. Faullin, Newt Carter, Martin Wright, G. A. Lane, John Perdue, and Claude Short.

RUFUS GREEN
called for the defendant, being duly sworn, deposed as follows:

Direct Examination
By Mr. Durham

Q.  What is your name please sir?
A.  R. F. Green.
Q.  Where do you live?
A.  Portland.
Q.  How long have you lived in Portland?
A.  I have lived there seven years, very near eight.
Q.  Were you there on the 2nd of July last when Mr. Hester was killed?
A.  Yes sir.
Q.  Where were you at the time of the shooting, at the time the shooting took place?
A.  At my house at the yard gate.
Q.  Where is your home located Mr. Green there in Portland?
A.  It is north of the livery stable a little piece, on that street the livery stable is on, I live on the North end of that little short street.
Q.  Do you mean north of the Butt stable?
A.  Yes sir.
Q.  Does your house front the railroad?
A.  Yes sir.
Q.  How far are you from the depot?
A.  Just a short ways over there.
Q.  You are up this way, here is the stable and here is the depot, you are up this way facing the railroad, is that right?
A.  Yes sir my house is just above the depot.
Q.  Could you hear the shooting?
A.  Yes sir.
Q.  How many shots would you estimate in all were fired?
A.  I would think about seventeen or eighteen shots.
Q.  Could you distinguish any difference between the shots, that is, could you tell they were fired from more than one weapon?
A.  Yes sir, the first shooting was very fine, there certainly must have been five or six shots, and then there was a kind of a stop in it and sounded to me like there were two guns.
Q.  When you say two guns, do you mean one was that same fine shot you heard?
A.  Yes sir.
Q.  Was the other a louder gun?
A.  Yes sir it seemed to be a little louder.
Q.  You didn't see any of the shooting?
A.  No sir.
Q.  Did you ever hear an automatic shot?
A.  Yes sir.
Q.  Have you ever shot one?
A.  Yes sir.
Q.  How did those first shots you heard compare with the sound of an automatic?
A.  It sounded like an automatic to me, it was very fine and very fast.

Cross Examination
By Mr. Bowman:
Q.  What relationship are you to this defendant?
A.  Not any.
Q.  Are you related to his wife?
A.  He is to my wife, yes sir.
Q.  Butt is related to your wife?
A.  They are cousins.
Q.  First cousins?
A.  I think so, yes sir.

Further this deponent saith not.

BALLARD MAYS
called for the defendant, being duly sworn, deposed as follows:

Direct Examination
By Mr. Durham:

Q.  This is Ballard Mays is it?
A.  Yes sir.
Q.  Where do you live?
A.  Portland
Q.  Where were you the day Mr. Hester was killed?
A.  I was sitting in front of John Crows jewelry store.
Q.  Did you hear the shooting?
A.  Yes sir.
Q.  How many shots were fired in all?
A.  About sixteen or seventeen I suppose.
Q.  How did those shots sound?
A.  The first one sounded like a thirty-two automatic to me.
Q.  About how many of those first shots were there, Ballard?
A.  Some two or three or more.
Q.  After the first shots how did the remaining shots sound?
A.  They were mixing it up taking it time about, a big one and a little one.
Q.  After the shooting where did you go?
A.  I went up to where it was.
Q.  Up to the gate where Mr. Hester was?
A.  Yes sir.
Q.  Did you see old man Finn up there at the gate?
A.  I did.
Q.  Did you hear him make any statement as to the first shooting?
A.  I did.
Q.  I will ask you if old man Finn didn't state to you there or in your presence that Hester fired the first few shots?
A.  He did.
Q.  That he walked up to the gate and fired at Mr. Butt as he was running?
A.  He did.
Q.  And showed to you and the other gentlemen present the powder burn on the west side of the gate post?
A.  Yes sir.
Q.  Did Leonard Finn make a statement to you there upon that occasion - did he not state there in your presence that Mr. Hester fired the first shot?
A.  Yes sir.
Q.  And that Mr. Butt was running?
A.  Yes sir.
Q.  Toward the barn?
A.  Yes sir.

BY JUDGE ANDERSON:
Let the record show that we offer to prove by this witness the same proof your Honor has excluded as to Mrs. Hester's statement.

CROSS EXAMINATION
By Mr. Bowman:

Q.  Are you a brother of Clint?
A.  Yes sir.
Q.  Have you been indicted in this court?
A.  No sir.
Q.  Arrested in Portland a few times?
A.  No sir, I was a few years ago, not now.
Q.  Do you mean at this term?
A.  No sir.
Q.  What were you indicted for?
A.  For procuring whiskey, you remember it, you ought to.
Q.  You were indicted by the Federal government?
A.  No sir I was not.
Q.  The federal authorities came to you and got you and you paid out?
A.  No sir they never did have any case against me.  I never did hear of it.
Q.  You never did hear of it?
A.  No sir.
Q.  Where did you say you were when the shooting took place?
A.  Sitting in front of Crow's jewelry store.
Q.  That was away back up there on Main Street?
A.  No sir at the post office.
Q.  You didn't see any part of the shooting?
A.  No sir.
Q.  But went up there afterwards?
A.  I certainly did.
Q.  You are sure you did?
A.  Yes sir.
Q.  Hester's body was laying across the sidewalk when you got up there?
A.  Yes sir.
Q.  The head was laying at the outer edge of the pavement?
A.  It was where he bled, about the center of the pavement.
Q.  The wound was in the chest?
A.  No sir, close to the heart, mighty close.
Q.  Pretty good shot?
A.  I reckon it was.
Q.  And the blood from that wound was about the center of the pavement?
A.  Yes sir.
Q.  How wide is the pavement at that point?
A.  I guess about four feet.
Q.  They had a coroner's inquest there within thirty minutes after the shooting, empanneled a jury there?
A.  I think they did a short time afterwards.
Q.  Wasn't it in about thirty minutes or an hour?
A.  I think it was longer than thirty minutes.
Q.  About an hour afterwards?
A.  Yes sir I guess it was.

Re-Direct Examination

Q.  The statement you heard was before the coroner's inquest?
A.  Yes sir, it was in five minutes after the shooting was done.
Q.  That is what I mean, it was before the coroner's inquest had taken place?
A.  Yes sir.
Q.  About five minutes after the shooting?
A.  Yes sir.
Q.  And before the coroner's inquest was held?
A.  Certainly, yes sir.

Further this deponent saith not.

HUGH HARRIS
called for the defendant, being duly sworn, deposed as follows:

Direct Examination
By Mr Bass:

Q.  What is your name?
A.  Hugh Harris
Q.  Where do you live Hugh?
A.  Four miles west of Portland.
Q.  Were you in Portland on the day Mr. Hester was killed?
A.  Yes sir.
Q.  Did you go up to the scene of the killing after it occurred?
A.  No sir.
Q.  Did you see Mr. Jim Finn and Leonard Finn shortly after the killing?
A.  I saw two of the Finn's.
Q.  The old man and Leonard?
A.  Yes sir.
Q.  Where did you see them?
A.  Down at the stable.
Q.  I will ask you if you heard them make a statement there as to who fired the first shot?
A.  Yes sir.
Q.  I will ask you if they didn't say there to you or in your presence, old man Jim Finn, that Hester fired the first three shots?
A.  Yes sir.
Q.  Did you hear Leonard make any statement, the young Finn?
A.  No sir.
Q.  Just the old man?
A.  Just the old man.
Q.  Now how long after the shooting was that?
A.  About ten minutes I guess.
Q.  Was that before they had any coroner's inquest?
A.  I don't know whether it was or not.

CROSS EXAMINATION

By Mr. Bowman:

Q.  What brought up the conversation Harris?
A.  Between them?
Q.  Yes?
A.  I don't know.
Q.  Who all was present?
A.  I don't remember that.
Q.  How is that?
A.  I don't remember that, there was a conversation between them.
Further this deponent saith not

GILBERT PERDUE
called for the defendant, being duly sworn, deposed as follows:

Direct Examination
By Mr. Bass:
Q.  What is your name?
A.  Gilbert Perdue
Q.  Is it Pardue or Perdue?
A.  Perdue.
Q.  Where do you live Gilbert?
A.  Nine miles east of Portland.
Q.  Were you in Portland the day Mr. Hester was shot?
A.  Yes sir I lived there at the time.
Q.  Where were you at the time the shooting took place?
A.  I was at the stock yard, the stock pen.
Q.  That is below the depot towards Nashville, is it not?
A.  Yes sir.
Q.  And on the railroad?
A.  Yes sir.
Q.  In where Russell Street turns around?
A.  Russell Street?
Q.  Yes, Russell Street is the street Mr. Virgil Butt's residence fronts on.
A.  Yes sir.
Q.  Now the stock yard is on the railroad near the curve of that street isn't it?
A.  Yes sir.
Q.  Could you hear the shooting?
A.  Yes sir.
Q.  Could you hear it distinctly?
A.  Yes sir,  heard some of it, I don't know whether I heard every shot or not.
Q.  How man shots do you think you heard?
A.  I don't know, they shot so fast I never counted them, I didn't try to count them.
Q.  A good many of them?
A.  Several of them, I don't know how many.
Q.  Could you tell a difference in the shots, whether there was different weapons firing or not?
A.  Yes sir there seemed to be two guns.
Q.  Which one fired first?
A.  The small gun was the first one I heard.
Q.  How many shots did you hear from the small gun before you heard the larger one begin?
A.  I think there was two.
Q.  Then both of them shot after that?
A.  Yes sir.  They began to swap fires then, both shooting.

CROSS EXAMINATION
By Mr. Bowman:

Q.  Who did you first tell about hearing this son?
A.  Sir?
Q.  Who did you first tell about what you knew about those shots?
A.  I don't know sir.
Q.  Did you tell any body?
A.  I don't know whether I did or not.
Q.  You live nine miles from Portland?
A.  Yes sir.
Q.  What is your age?
A.  I am twenty four.
Q.  But you were living in Portland at the time?
A.  Yes sir.
Q.  Did you tell any body about those shots and how they sounded?
A.  I don't know.
Q.  You don't remember to have told a soul?
A.  I don't remember any man I told.
Q.  Do you know why you were subpoenaed?
A.  No sir.
Q.  Is this the first time you ever told about those shots?
A.  I don't know.

Re-Direct Examination

Q.  You didn't try to keep it a secret?
A.  No sir.
Q.  You have talked to the lawyers, us gentlemen here?
A.  Yes sir.

Further this deponent saith not.

W. T. FAULLIN
called for the defendant, being duly sworn, deposed as follows:

Direct Examination
By Mr. Durham:

Q.  This is Mr. W. T. Faullin, is it?
A.  Yes sir.
Q.  Where do you live?
A.  Nashville.
Q.  Where did you live last July?
A.  Portland.
Q.  Were you in Portland the day Mr. Al Hester was shot?
A.  Yes sir.
Q.  Where were you at the time Mr. Faullin?
A.  Out on the Gallatin road on Gill Butt's house when it happened?
Q.  About how far from the point of the killing?
A.  About a quarter of a mile.
Q.  Who were you working for?
A. Charley Fowler.
Q.  Did you hear the shooting?
A.  Yes sir.
Q.  About how man shots in all did you hear?
A.  I don't know, some twelve or fifteen, I never counted them.
Q.  Where were you with reference to this house or building?
A.  I was on top of it.
Q.  You heard twelve or fifteen shots?
A.  Somewhere along there.
Q.  Describe the shots with reference to the sound?
A.  There were some three or four small shots first, then there was a kind of pause, then it sounded to me like another one or two small shots and then the two started in exchanging shots.
Q.  How many exchanges were there?
A.  Well, I don't know.  I couldn't count them.  I never counted them.
Q.  A number?
A.  Yes sir.
Q.  How did the second gun sound that you heard?
A.  It was different to the first one a little bit and the last two shots were larger.
Q.  Was the second gun you heard louder than the first gun you heard?
A.  A little bit louder, loud enough for me to tell the difference.
Q.  Who was out there with you on this house?
A.  There was my brother and Charley Fowler.
Q.  After the shooting where did you go?
A.  We went down there.
Q.  Did you go to where Mr. Hester's body was?
A.  We went up there, they had moved it when we got there.
Q.  Did you ever hear an automatic pistol?
A.  Yes sir.
Q.  How did these first shots sound with reference to the sound of an automatic pistol?
A.  They sounded keen, they didn't pop like a common thirty two gun.
Q.  Did these shots sound like an automatic?
A.  Yes sir they did.
Q.  When you went to the shooting did you see old man James Finn?
A.  Yes sir.
Q.  You know the old gentleman?
A.  Yes sir.
Q.  I will ask you if he didn't state to you there or in your presence that Hester walked up to the gate there and fired the first shots?
A.  Yes sir.
Q.  Did he not show you the powder burn or some gentlemen there the powder burn on the west side of the gate post?
A.  Yes sir.
Q.  How long was this after the shooting?
A.  Some thirty or forty minutes I guess.
Q.  That was before they held the inquest?
A.  Yes sir.

CROSS EXAMINATION
By Mr. Bowman:

Q.  Mr. Faullin, it is nearer a half than a quarter of a mile to where you were at work?
A.  No sir it is not over a quarter of a mile.
Q.  You first heard three small shots?
A.  Three or four.
Q.  Then a pause and two more small shots?
A.  It sounded that way.
Q.  But three small shots and then a pause and two more small shots?
A.  Yes sir.
Q.  Then you think the next gun that fired was a little louder?
A.  They commenced exchanging then.
Q.  You were up there you say about thirty or forty minutes after the shooting?
A.  Somewhere along there.
Q.  And James Finn, the old man was there?
A.  Yes sir.
Q.  You say he said in that conversation that Al fired the first shot?
A.  Yes sir.
Q.  Who was present?
A.  There was my brother and Charley Fowler.
Q.  Any one else?
A.  Herbert Devasher was present, Wallace Butt was present.
Q.  How soon after that was the coroner's inquest held?
A.  I don't know.
Q.  You didn't go to that?
A.  No sir.
Q.  You didn't hear Mr. Finn testify at that?
A.  No sir.

Re-Direct Examination
Q.  Did you go immediately to the scene of the killing?
A.  Yes sir it was some three or four minutes before we started.

Further this deponent saith not.

NEWT CARTER
called for the defendant, being duly sworn, deposed as follows:

Direct Examination
By Mr. Bass:

Q.  Is your name Newt Carter?
A.  Yes sir.
Q.  Where do you live?
A.  Portland.
Q.  Were you there on the day Mr. Al Hester was shot?
A.  Yes sir.
Q.  Did you hear the shooting?
A.  Yes sir.
Q.  Where were you when the shooting took place?
A.  In front of Mr. Kerley's store.
Q.  On Main Street?
A.  Yes sir.
Q.  Is that the store on the corner?
A.  Yes sir.
Q.  Could you hear the shots distinctly?
A.  Yes sir.
Q.  How many shots do you think you heard in all?
A.  I couldn't have any idea.
Q.  About how many, the best estimate you can give, of course, you didn't count them?
A.  Oh there might have been somewhere about twelve I reckon.
Q.  Could you tell any difference in the sound of the shots, tell whether there was more than one pistol or not?
A.  Yes sir.
Q.  Which pistol began first?
A.  The small one.
Q.  You could tell the first shots fired was a small pistol?
A.  Yes sir.
Q.  How many shots did you hear from that small pistol before the other one began, you think?
A.  Oh, there was three or four shots.
Q.  Then both of them began to shoot?
A.  Yes sir.

CROSS EXAMINATION
By Mr. Bowman:

Q.  What is your age?
A.  Twenty three years old.
Q.  Were you living in Portland at the time?
A.  No sir.
Q.  Where were you living?
A.  North of Portland about three miles.
Q.  What business were you engaged in?
A.  Filling a street out there.
Q.  Who did you first tell what you heard with reference to those shots Newt?
A.   I don't know sir.
Q.  Did you ever tell any body before you were summoned down here as a witness about hearing these shots?
A.  If  I did I don't remember it.
Q.  Was there any body out there on the walk with you?
A.  No sir.
Q.  There wasn't any body else on the walk in front of Kerley's was there Newt?
A.  I didn't see any body.
Q.  What part of the store were you standing?
A.  Somewhere near in front of the door.
Q.  On the side of Main Street?
A.  On the right hand side.
Q.  You saw no one else on that walk?
A.   Never seen any body.
Q.  You saw no body leaning against a post?
A.  No sir.

Re-Direct Examination

Q.  You don't know whether they were there or not?
A.  No sir.
Q.  Are you working for Mr. Will Hester now?
A.  Yes sir.

Further this deponent saith not.

MARTIN WRIGHT
called for the defendant, being duly sworn, deposed as follows:

Direct Examination
By Mr. Bass:

Q.  What is your name?
A.  Martin Wright.
Q.  Where do you live Martin?
A.  About a mile and a quarter west of Portland.
Q.  Where were you the day of the shooting?
A.  I was about something like three quarters of a mile from town threshing wheat.
Q.  Did you come into town that day?
A.  Yes sir, as soon as I heard of the killing I come in.
Q.  Did you see Leonard Finn?
A.  I did.
Q.  Where did you see him?
A.  He was standing out in front of Finn's blacksmith shop.
Q.  Did you hear him make any statement as to who fired the first shot?
A.  I did.
Q.  I will ask you if he didn't state there in your presence that Hester shot there two or three times before Butt shot?
A.  He did.
Q.  And if he didn't state that Hester was leaning up against the post and taking aim?
A.  Yes sir.
Q.  And Butt was running?
A.  Yes sir.
Q.  I will ask you if he didn't state that Hester shot two or three times before Butt ever got his pistol out?
A.  Yes sir.
Q.  Martin how soon was this after the shooting?
A.  I don't know just exactly how quick it was after the shooting was over with, I just come to town and walked up there where the shooting was and come back towards the stable, I hadn't been to town over ten or fifteen minutes.
Q.  You came right on in?
A.  Yes sir.
Q.  That was before they ever had any coroner's inquest?
A.  Yes sir.
Q.  Martin, I will ask you if you ever agreed to be a witness to help Mr. Butt out of it if he killed Hester?
A.  No sir.
Q.  Did you ever enter into any agreement or understanding with Butt, Hirshel Civils and Clint Mays whereby Butt was to kill Hester and you would be a witness to swear him out?
A.  No sir there was never anything said about it, if there was I didn't hear it.
Q.  Did you ever make any agreement of that kind at any time or any where?
A.  No sir.

CROSS EXAMINATION
By Mr. Bowman:

Q.  Where did you live in July of last year Martin?
A.  About two miles and a half southwest of Portland.
Q.  How old are you?
A.  I am twenty years old.
Q.  You stayed around the livery stable most of your time when you got to Portland with the boys?
A.  Yes sir I stayed there a good deal.
Q.  That was a kind of loafing quarters?
A.  I don't know whether you would call it a loafing quarters, I worked some for Mr. Butt.
Q.  You worked for him in July?
A.  I would make drives for him when he needed any one.
Q.  You worked for him in June?
A.  Yes sir.
Q.  You were in the livery stable on Sunday before this killing occurred?
A.  Yes sir.
Q.  You left there to carry some boy home that was tipsy?
A.  No sir.
Q.  Did they take you home?
A.  No sir I guess not.
Q.  You left there and left Mays and Civils there?
A.  I don't know whether I left them there or not.
Q.  They were there in the stable that morning?
A.  Yes sir.
Q.  You went home that morning?
A.  Yes sir.
Q.  About what time?
A.  Nine or ten or eleven o'clock.
Q.  Who went home with you?
A.  My brother.
Q.  You don't remember whether you left those boys there when you left that morning or not but they were there that morning?
A.  Yes sir they were around there that morning but I don't remember whether I left them there or not.
Q.  You say you saw Leonard Finn after the shooting took place?
A.  Yes sir.
Q.  Where were you at the time of the shooting?
A.  At Mr. Jim Bradley's helping to thresh wheat.
Q.  How far from Portland?
A.  From three quarters to a mile, somewhere along there.
Q.  You left and went to Portland?
A.  Yes sir.
Q.  How come you to go to Portland?
A.  I don't know how come me to go, I heard of the shooting and the machine wasn't running very well, they had a little rain and the wheat wasn't threshing, they had a hot box in the machine.
Q.  Did they telephone you of the shooting?
A.  Yes sir they telephoned out there about the shooting.
Q.  And it was three quarters of a mile?
A.  Yes sir it was three quarters of a mile.
Q.  You closed down the machine and went to town?
A.  I didn't have anything to do with closing it down.
Q.  Did you ride or walk?
A.  I walked.
Q.  Who did you see when you first got to Portland?
A.  I don't remember who I saw.
Q.  Where did you go when you first got there?
A.  I went to Mr. Buntin's restaurant and went from there to where the shooting occurred.
Q.  How long were you at the restaurant?
A.  About five minutes.
Q.  How long did it take you to walk into town?
A.  I don't know just how long.
Q.  Half an hour?
A.  No sir not that long.
Q.  Twenty minutes?
A.  I don't now just how long.
Q.  Can't you give the jury any idea?
A.  About fifteen minutes I suppose.
Q.  You were at the restaurant five minutes and went to where the shooting occurred?
A.  Yes sir.
Q.  You saw Mr. James Finn there?
A.  Yes sir I saw him there.
Q.  Did you see Leonard Finn?
A.   I saw Leonard Finn in front of the blacksmith shop.
Q.  Who was present besides you and Mr. Leonard Finn?
A.  Mr. Finn, Harvey, Riley and one or two.
Q.  Mr. James Finn and Riley Finn and Harvey?
A.  Yes sir.
Q.  Who else was there?
A.  I don't know, a good many, they were talking about the shooting.
Q.  The only one of the Finn's that made any statement was Leonard?
A.  The only one I heard.
Q.  You didn't hear Mr. James Finn make any statement about who fired first?
A.  No sir.
Q.  You heard Leonard state there that Al fired the first two or three shots?
A.  Yes sir.
Q.  What did he say Butt was doing when he fired those shots?
A.  He said he was running towards the barn.
Q.  And you say he also said Al was leaning up against the post?
A.  He said he was resting on the post like he was taking a rest on the post.
Q.  That was the statement you heard him make?
A.  Yes sir.

Further this deponent saith not.

G. A. LANE
called for the defendant, being duly sworn, deposed as follows:

Direct Examination
By Mr. Durham:

Q.  Where do you live Mr. Lane?
A.  Portland.
Q.  Were you living in Portland last July?
A.  Yes sir.
Q.  Were you at home the day Mr. Hester was shot in Portland?
A.  Yes sir, I was in Portland.
Q.  Where were you at the time?
A.  I was at my brother-in-laws, Mr. L. D. Estes.
Q.  How far from the scene of the trouble?
A.  I suppose a couple of blocks.
Q.  Did you hear the shooting?
A.  No sir I did not.
Q.  After the shooting where did you go, after you heard of it?
A.  I went up to where the shooting occurred.
Q.  Did you hear Mr. James Finn make any statement about the shooting?
A.  Yes sir.
Q.  I will ask you if Mr. Finn didn't state there in your presence that Hester did the first shooting?
A.  Yes sir.
Q.  And showed the powder burn on the gate post?
A.  Yes sir.
Q.  Did you see the powder burn?
A.  Yes sir.
Q.  On which side of the post was the powder burn?
A.  On the inside where the gate fastened.
Q.  Was that the west side of the gate post?
A.  Yes sir.
Q.  Toward the outer?
A.  Yes sir.
Q.  How long was that after the shooting Mr. Lane?
A.  I suppose it was thirty or thirty five minutes.
Q.  Was that before they held the Coroner's inquest?
A.  Yes sir.
Q.  Do you know when the Coroner's inquest was held Mr. Lane?
A.  No sir I do not.

CROSS EXAMINATION
By Mr. Bowman:

Q.  You were two blocks away at the time of the killing?
A.  Yes sir.
Q.  And didn't even hear the shots?
A.  No sir.
Q.  You went u p there after it occurred I believe you stated?
A.  Yes sir.
Q.  You say old man James Finn said Al fired the first shots and showed  you some powder burns?
A.  Yes sir.
Q.  That powder burn was on the inside of this post next to the barn?
A.  It was on the side of the post next to town.
Q.  That is what I say, on the side next to town and on the back side towards this barn?
A.  The powder burn was on the inside where the gate fastened.
Q.  And was on the back side of that post wasn't it?
A.  The powder burn?
Q.  Yes?
A.  No sir.
Q.  I mean on the inside, the back edge?
A.  It seemed to be middle ways of the post.
Q.  Your opinion then of that powder burn it was just about middle ways of the post?
A.  Yes sir.
Q.  Who was present when Mr. Finn made this statement?
A.  Well, I believe Mr. Wallace Butt was there.
Q.  Any one else?
A.  There was some men there, I don't remember.
Q.  You don't remember their names?
A.  No sir.
Q.  Who did you first tell about having heard this statement?
A.  I told Mr. Durham.
Q.  When?
A.  The other day.
Q.  You never mentioned it to any body until you were summoned down here as a witness?
A.  No sir.
Q.  You were here Wednesday of last week I believe, weren't you?
A.  Yes sir.
Q.  Were you arrested for being publicly drunk that day?
A.  No sir.
Q.  You got pretty full?
A.  No sir.
Q.  Wasn't drunk in Gallatin last Wednesday?
A.  No sir.

Re-Direct Examination

Q.  This powder burn was on the west side of the post and not on the south side?
A.  It was on the west side, yes sir.

Re-Cross Examination

Q.  What is your age Mr. Lane?
A.  Thirty years old.

Further this deponent saith not.

JOHN PERDUE
re-called for further cross examination, deposed as follows:
By Mr. Bass:

Q.  Mr. Perdue, it has been suggested that I ask you a few questions, is your hearing good or bad or how?
A.  My hearing is as good as it ever was but I can't understand as well as I used to.
Q.  Can you hear sounds all right?
A.  Yes sir.
Q.  How is your sight?
A.  Good for a man of my age.
Q.  How far is it from where you were standing to the place of the shooting?
A.  I don't now, it would be sort of guess work.
Q.  That can be determined by the scale.  Did you have any trouble in seeing Mr. Hester when he fell?
A.  Not a particle.
Q.  Did you have any trouble in hearing those shots?
A.  Not a bit, I heard them all plain.

By Mr. Bowman:

Q.  You say your hearing is as good as it ever was?
A.  I can hear the voice.
Q.  But you can't distinguish the words?
A.  I can't understand the words.
Q.  You catch the sound but you don't catch the words?
A.  I can hear the sound but I don't catch the words.
Q.  Did you have your glasses on that day?
A.  Yes sir I had them on that day.
Q.  You say you can see as good as any man of your age?
A.  Yes sir my eyesight is strong.
Q.  How old are you?
A.  I am seventy three.
Q.  Your eyesight has begun to fail on account of age?
A.  My eyesight began to fail me a little when I was fifty years old.
Q.  That condition has continued since?
A.  Yes sir.
Q.  And gradually became more?
A.  Yes sir.

By Mr. Bass

Q.  Regardless of the condition of your eyesight, did you or not see this man Hester fall?
A.  I saw him as plain as if he had been out in the street there.

Further this deponent saith not.

CLAUDE SHORT
called for the defendant, being duly sworn, deposed as follows:

Direct Examination
By Mr. Durham:

Q.  This is Mr. Claude Short?
A.  Yes sir.
Q.  Where do you live?
A.  Portland.
Q.  Were you living in Portland last July?
A.  Yes sir.
Q.  Were you in Portland the day Mr. Hester was shot?
A.  Yes sir.
Q.  Where were you at the time?
A.  At the stock pen.
Q.  That is over on the railroad there?
A.  Yes sir.
Q.  Near the killing?
A.  Yes sir.
Q.  Did you hear the shots Mr. Short?
A.  I did.
Q.  About how many in all?
A.  About fifteen or sixteen.
Q.  How did these shots sound?
A.  Well, there was two small pistols fired, small sound first, then a space, then another small one, then two or three small ones, and then they were swapping about.
Q.  What was this small size pistol swapping with?
A.  With a larger sound.
Q.  About how many shots came from this large pistol?
A.  I didn't count them.
Q.  A number, were there?
A.  Yes sir.
Q.  You were there right close?
A.  Yes sir about two hundred yards I suppose.
Q.  You say the first shots were from the smaller pistol?
A.  Yes sir.
Q.  Then the small pistol and large pistol exchanged a number of shots after an interval?
A.  Yes sir after an interval.
Q.  Did you go over to the scene of the shooting or not?
A.  Yes sir.

CROSS EXAMINATION
By Mr. Bowman:

Q.  How old are you Claude?
A.  I am twenty three years old.
Q.  What business were you engaged in in July of last year?
A.  Nothing right then.
Q.  You were not working for any one?
A.  No sir.
Q.  You lived at Portland?
A.  Yes sir.
Q.  Been doing any work since then?
A.  Yes sir.
Q.  You stayed around the stable with some of the boys?
A.  No sir I didn't hang around the stable.
Q.  You didn't hang around the stable with Mays and the Civils boys?
A.  No sir.
Q.  You didn't associate with them?
A.  No sir.
Q.  The first shots you heard were two small shots?
A.  Yes sir.
Q.  Then a space and one small shot?
A.  Yes sir.
Q.  Then a space and two or three small shots?
A.  Yes sir.
Q.  And then the loud ones?
A.  That is right.

Further this deponent saith not.


State vs. Virgil Butt, Part VI

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