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The State Vs. Virgil Butt
1915 - Part VI

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 Drudy Short, Lem Brewer, F. S. Day, Dr. M. H. Galloway,  and Mrs. M. H. Galloway

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

Direct Examination
By Mr. Bass

Q.  What is your name?
A.  Drood Short.
Q.  Where do you live?
A.  Bunton's Mill.
Q.  Do you know Mr. Flatt the witness that testified the other day?
A.  Yes sir.
Q.  Did you see him at Bunton's mill on the same day after he got to Bunton's mill, the same day of the shooting when Mr. Hester was shot?
A.  Yes sir I saw him about two o'clock.
Q.  At Bunton's Mill?
A.  Yes sir.
Q.  I will ask you if he didn't state to you or state in your presence at that time and place that he heard the shooting but did not see it?
A.  Yes sir.
Q.  As he was half way between the scales and the livery stable when the shooting took place?
A.  Yes sir.

CROSS EXAMINATION
By Mr. Bowman.

Q.  How old are you Drood?
A.  I was twenty six last Saturday.
Q.  What business were you engaged in in July of last year?
A.  Raising a tobacco crop.
Q.  You went to Portland quite often?
A.  No sir not very often.
Q.  Sometimes you went there?
A.  Some Saturdays I did.
Q.  You frequently went around to the livery stable to see Mr. Butt when you were there?
A.  No sir I don't know as I did.
Q.  You know whether you did or not?
A.  I don't remember it if I did.
Q.  You don't remember to have gone about there at all?
A.  No sir.
Q.  What brought up the conversation?
A.  I heard him talking to Mr. Jernigan and the boiler makers.
Q.  He was talking to you?
A.  No sir, I was standing there.
Q.  Mr. Jernigan is still out there?
A.  Yes sir.
Q.  Has he been here this week or last week?
A.  No sir I don't know that he has.
Q.  He was talking to Mr. Jernigan?
A.  He was talking and Mr. Jernigan and the boiler makers were standing listening at him.
Q.  He said to Mr. Jernigan what?
A.  He didn't say nothing to Mr. Jernigan, he was talking to all of us.
Q.  Where did he say he was when the shooting took place?
A.  About half way from the stock yards to the livery stable.
Q.  Where were the stock yards with reference to the livery stable?
A.  They were above.
Q.  This is High Street, and this is the livery stable, this is the printing office, this is the railroad down here, this is Russell street up here; with reference to the livery stable this is the printing office, where were those stock yards?
A.  The stock yards were south.
Q.  That would be towards Nashville?
A.  Yes sir.
Q.  About how far south of High street are those stock yards?
A.  I don't know which is High Street.
Q.  Here is the printing office, you know where that is?
A.  Yes sir.
Q.  How far are those stock yards from the printing office?
A.  I don't know how far, not so powerful far.
Q.  Fifty feet?
A.  Further than that.
Q.  Hundred feet?
A.  I don't know how far it is.
Q.  Is it about a hundred feet?
A.  I suppose it may be more than that, I don't know.
Q.  Well, 125 feet?
A.  It is more than a hundred, more than that, but I don't know just how far.
Q.  I don't want you to state accurately.  Would about 125 feet cover it then?
A.  I can't say.
Q.  Was it over 125 feet?
A.  I can't tell you that.
Q.  Was it 150 feet?
A.  I can't tell you, I don't know how far.
Q.  Can you point out, was it as far as from you to that door?
A.  It is further than that.
Q.  Was it as far as from you to those buildings across the street?
A.  From the livery stable?
Q.  No, from the printing office.
A.  It is as far as from here to the corner of that street down yonder.
Q.  And he stated he was driving from the scales around to High Street?
A.  He was coming towards the livery stable.
Q.  And he told Mr. Jernigan that he didn't see any of the shooting?
A.  He didn't call Mr. Jernigan's name.
Q.  He said to all of you there that he didn't see the shooting?
A.  He said he didn't see the shooting.
Q.  You say Mr. Jernigan is not here?
A.  No sir.
Q.  You have not seen him here?
A.  No sir he has not been here.

Further this deponent saith not.

LEM BREWER
called for the defendant, being duly sworn, deposed as follows:

Direct Examination
By Mr. Bass

Q.  Is your name Lem Brewer?
A.  Lem Brewer
Q.  Where do you live?
A.  Out on the Portland and Buntin road from Portland.
Q.  How far from Buntin's mill and how far from Portland?
A.  About a mile and a half.
Q.  How far from Portland?
A.  About four and a half.
Q.  Do you know this man Flatt that testified here the other day?
A.  Yes sir I know him.
Q.  I will ask you if you heard him make any statement about where he was when this shooting took place?
A.  In or near the tie grounds.
Q.  I am not asking you what he said, did you hear him make the statement?
A.  Yes sir.
Q.  Where did you hear him make that statement?
A.  There at home at my father's shop.
Q.  I will ask you if he didn't state where at your father's shop, some two or three weeks after the shooting in your presence that he was on or near the tie grounds when the shooting took place?
A.  Yes sir.

CROSS EXAMINATION
By Mr. Bowman:
Q.  How old are you?
A.  Eighteen.
Q.  You lived how far from Portland last July?
A.  About four and a half miles.
Q.  This statement was made at your father's shop?
A.  Yes sir.
Q.  In the morning or the afternoon?
A.  I don't remember.
Q.  Who was present?
A.  My father and I don't know exactly who else.
Q.  Was there any one else there?
A.  Yes sir.
Q.  You don't remember who it was?
A.  No sir.
Q.  Who first brought up this conversation?
A.  He did.
Q.  What did he say?
A.  He told where he was at when it taken place, that is all I heard of it.
Q.  He didn't tell anything but that?
A.  Yes sir he told some more.
Q.  What else did he say about it?
A.  He heard the shooting and may be went up there and saw Mr. Hester.
Q.  All right, what else did he say?
A.  He told us something about the shots that were fired.  I think he said there was about ten or twelve shots fired.
Q.  All right, what else did he say?
A.  That is about all that I remember.
Q.  That is about all that you remember of it, did you ever have any conversation with him about it?
A.  No sir.
Q.  What was he doing at the shop that day, what was his business there?
A.  He was there for Mr. Jernigan after some work that had been done.
Q.  Is your father here?
A.  No sir.
Q.  Where is your father?
A.  He is at home.
Q.  Is he sick, anything wrong with him?
A.  No sir.
Q.  Has he been summoned here as a witness?
A.  No sir.
Q.  Your father was there and heard this same statement?
A.  He was there, I don't know whether he heard it or not he was there at work.
Q.  Didn't you state a while ago that your father was there when this conversation took place?
A.  He was in the shop.
Q.  In what part of the shop was he?
A.  At the vice, at the back end.
Q.  How far back from where you and Flatt were standing?
A.  About ten feet.
Q.  Just about ten feet of you?
A.  Yes sir.
Q.  Who did you first tell about this Lem?
A.  I don't remember.
Q.  Did you tell any body about what Flatt said?
A.  I have in time but I don't remember who it was.
Q.  How come you to speak of what Flatt said about it?
A.  Some one else mentioned his saying something about it.
Q.  And you gave them the information Flatt had made, do you know who it was you made that statement to?
A.  To Mr. Butt.
Q.  Which one of the Butt's?
A.  Wallace I reckon.
Q.  He came to see you about it?
A.  Yes sir.
Q.  Is he the first one you told about it?
A.  No sir.
Q.  Who did you tell before you told him?
A.  M. G. Harper.
Q.  Did he come to see you about it?
A.  No sir.
Q.  You voluntarily told him about it?
A.  No sir we came in conversation about it.

Further this deponent saith not.

F. S. DAY
called for the defendant, being duly sworn, deposed as follows:

Direct Examination
By Mr. Bass:

Q.  You are the surveyor that was placed on the stand in chief and told about having made measurements and surveys up there at the instance of both sides?
A.  Yes sir.
Q.  I will ask you if there is a telegraph pole at or near the southwest corner of Butt's livery stable?
A.  Yes sir.
Q.  How far is that telephone pole from the stable?
A.  I wouldn't think the pole was over about three feet, I never measured the exact distance.
Q.  Was it far enough away from the stable to drive a wagon between the stable and the pole?
A.  No sir it was not.
Q.  There is another pole at the southwest corner, is there not?
A.  Yes sir.
Q. I call your attention to Exhibit No. 1 to William Hester's testimony, that includes the front of the livery stable, state whether or not that picture correctly shows the position of the telephone pole with reference to that front or southwest corner of the stable.
A.  Yes sir I should say it did.
Q.  No then, can you see the pole that you referred to as being at the southeast corner of that picture?
A.  Yes sir, you can see the top of the pole, a part of the pole.
Q.  Now that picture does not show--it shows the proximity of the pole to the stable, or on line with the stable, but you can't tell whether it is in the rear of the stable or not?
A.  No sir not from that picture.
Q.  But you say it is as a matter of fact in about three feet of the stable?
A.  Yes sir, it is right at the corner of the stable.

CROSS EXAMINATION
By Mr. Bowman:

Q.  This livery stable, as you have already stated, sits at an angle?
A.  Yes sir.
Q.  And from that picture you can't tell anything about the location of the pole, from that picture?
A.  Not with reference to the stable.

By Mr. Bass:
Q.  You are speaking not from the picture but from you own observation?
A.  I am speaking from my own observation.

By Mr. Bowman:
Q.  You didn't measure that distance and didn't particularly notice it?
A.  There are two measurements from across the entire street from the pavement to the corner of the stable, in making the first measurement the boys who were helping me made the measurements, in making the second one the gentleman who was helping me held the tape at the pavement and I myself took the measurement at the corner of the stable and my attention was called to the pole because in making the measurement I had to each around the pole to get the tape against the corner of the stable.

Further this deponent saith not.

DR. M. H. GALLOWAY
called for the defendant, being duly sworn, deposed as follows:

Direct Examination
By Judge Anderson

Q.  This is Dr. Galloway?
A.  Yes sir.
Q.  Doctor, what are your initials?
A.  M. H.
Q.  Are you engaged in the practice of medicine at Portland Tennessee?
A.  Yes sir.
Q. How long have you been so engaged at that place?
A.  I have been there twice, I moved there in 1913 the last time.
Q.  How long have you been practicing medicine Doctor?
A.  I began practicing medicine in 1883.
Q.  What school did you graduate from?
A.  The Vanderbilt.
Q.  The Vanderbilt Medical College?
A.  Yes sir.
Q.  Doctor, I believe you live, as has heretofore been proven just across, your house fronts on Russell Street the next door to Mr. Butt's?
A.  Yes sir.
Q.  Where were you on the day of the shooting Doctor?
A.  I was at home.
Q.  Did you go down to the scene of the shooting?
A.  Yes sir.
Q.  I mean before the remains were removed?
A.  No sir.
Q.  Were you afterwards sent for to examine the body or did you examine it?
A.  Yes sir.
Q.  Where was it doctor when you examined it?
A.  It was at his home.
Q.  Did you discover any wounds on the body?
A.  Yes sir.
Q.  Describe to the jury the character, first, was it a gun shot or pistol wound?
A.  It was a wound where a bullet had entered, I don't know what it came from.
Q.  Give the location doctor of the wound on the body?
A.  Well, a very good way to locate it would be to draw a horizontal line one inch above the left nipple, and a perpendicular line an inch and a quarter on the right of that nipple and where those two lines intersect the bullet was, two inches from the nipple.
Q.  That is a line drawn horizontally with the body?
A.  Yes sir.
Q.  Two inches above the left nipple?
A.  Yes sir.
Q.  And another line to the right of the left nipple?
A.  Yes sir.
Q.  The point of intersection would be the point of entrance of that bullet?
A.  Yes sir.
Q.  Did the bullet come out of the body doctor?
A.  No sir we didn't find where it came out.
Q.  Did you probe it?
A.  Yes sir.
Q.  Describe doctor how deep your probe went, state how deep your probe went?
A.  We put the probe in seven inches.  I measured the probe after I took it out.
Q.  Did you use the probe yourself?
A.  Yes sir.
Q.  Who else was present?
A.  There was quite a number, Dr. Pedan was there.
Q.  You probed it first?
A.  I probed it first and he and I probed it.
Q.  Describe the range of the bullet?
A.  The bullet ranged inward to the right and slightly downward.
Q.  Inward to the right and downward?
A.  Yes sir.
Q.  About how many degrees doctor to the right?
A.  Something like forty-five degrees.
Q.  To the deceased's right?
A.  Yes sir.
Q.  And how much down?
A.  Not much down, say something like twenty degrees, of course this is just an estimate.
Q.  Doctor, what vital organ if any did that bullet penetrate?
A.  I think it penetrated the heart.
Q.  State whether or not doctor that wound was in your opinion such a wound as would cause practically instant death?
A.  Well, yes sir, just exactly how instant, I couldn't say how long a man would live after that but it is a mortal wound.
Q.  Would he after receiving that wound be capable of voluntary action?
A.  I don't see how he could much, of course you just ask me that as a matter of opinion?
Q.   I am asking you that as a matter of opinion.
A.  Of course I don't know positively but I don't think there would be many more mental processes.

CROSS EXAMINATION
By Mr. Bowman:

Q.  I just want to get the location.  I believe you stated to draw a horizontal line two inches above the nipple?
A.  Yes sir.
Q.  And then draw one an inch and a quarter to the left of the nipple?
A.  No sir to the right of the nipple.
Q.  And where they crossed?
A.  Where they intersected.
Q.  Would be about the entrance of the wound?
A.  Yes sir.
Q.  And the range of the wound was about forty five degrees?
A.  Yes sir towards the right.

Further this deponent saith not.

MRS. M. H. GALLOWAY
called for the defendant, being duly sworn, deposed as follows:

Direct Examination
By Mr. Guild:

Q.  This is Mrs. Galloway is it?
A.  Yes sir.
Q.  Mrs. M. H. Galloway the wife of Dr. M. H. Galloway?
A.  Yes sir.
Q.  You were living in Portland at the time Mr. Hester was killed were you Mrs. Galloway?
A.  Yes sir.
Q.  Your place is right next to Mr. Butt's the defendant in this case?
A.  Yes sir.
Q.  Where were you at the time of this shooting?
A.  On the back porch at home.
Q.  What were you doing?
A.  Ironing.
Q.  Did you hear the shooting?
A.  Yes sir.
Q.  How many shots in all did you hear?
A.  I can't tell you that, I heard three shots and then a pause and then I heard both parties shooting, and the last of the shooting there was three loud shots, two or three, I will not say which.
Q.  Now what did you do as soon as you heard the first shooting?
A.  Well, I was ironing when I heard the first shot and I stopped ironing and I stood by the board and waited to see if they were going to shoot any more and when I didn't hear any more shots I went and got me another iron and began to ironing and then both parties began to shoot.
Q.  That was after the first two or three?
A.  After the first three, yes sir.  Of course when I heard the first shots I waited to see, I just stopped to think, I don't know what.
Q.  Did you hear three shots in quick succession at first?
A.  Yes sir.
Q.  What did you then do?
A.  I stood there by the board and waited to see if there was going to be any more of it, and I thought there wasn't and went to the stove in the kitchen and got me another iron and went to ironing, and then I heard both parties shooting, and that alarmed me and I left the ironing board and stepped out in the yard under an apple tree and while I was standing there there was two bullets passed through the apple tree, I took them to be bullets, I didn't see them.
Q.  You mean the limbs of the apple tree?
A.  Yes sir passed right over my head and my little boy was standing by me and said, mother you might get shot out here, he took it to be bullets and I called to the doctor and told him to come back, he stepped off, I don't know that he heard me, of course I was excited and told him he might get shot.

The State objected to the conversation.

Q.  You didn't see any of the shooting?
A.   Never have seen anything any where or any time.
Q.  What causes you to say that they were shots through the limbs of the apple tree?
A.  We took it to be bullets going through there, of course I couldn't say, I didn't see the bullets at the time that is what both of us thought.
Q.  Now did you see Wallace Butt there at any time during that shooting?
A.  I saw Wallace Butt about the time the big shots were fired, the last of that shooting, I thought it was a shot gun it sounded so loud, I saw Wallace Butt about the time the shooting was over, of course we didn't know it was over but I never heard any more shots after that, it was about the time I remember seeing him, he was standing just opposite where we were in the lane.
Q.  Which way was he going?
A.  He went on towards the barn where the shooting was.
Q.  Which way was he coming from?
A.  He came off the pike is all I know.
Q.  You mean off of Russell Street?
A.  He came from that gate that was out there, I don't remember seeing him on the pike.
Q.  And was going towards the barn of Mr. Virgil Butt?
A.  I know he went on up to the barn when I saw him, he went on up to the barn.

CROSS EXAMINATION
By Mr. Bowman:

Q.  Mrs. Galloway the first thing then that attracted your attention was three shots?
A.  Yes sir.
Q.  You stopped ironing?
A.  I just stood there by the board.
Q.  And waited to see if there was going to be any more shooting?
A.  Yes sir.
Q.  You waited a sufficient time and you didn't think there would be any more and walked on in the kitchen and got an iron and came back and went to ironing again?
A.  Yes sir.
Q.  About that time the shooting started up again?
A.  Yes sir.

Further this deponent saith not.


State vs. Virgil Butt, Part VII

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