The Hest Advertising Medium In Ha, wood C ounty Published At The Eastern . Entrance of The Great Smok Mountains National l'aik Head In Thinkinu I'eoplc
WAYNESVILLE, NORTH CAROLINA
THrUSDAV. DECEMBER II. li:V
Sheffield Is Found Guilty
Of First Degree Murder!
Defendant Will Appeal Case!
When Sentence Is Passed j
Uist Of Week ;
Sentence is expected to be passed
on James Sheffield who was found
guilty of first degree murder by a
iiiT-v ln-t Q.itni'.lniT wirVif for the miir-
J J , " - - " .7 , ' - -
der of "Bud" Miller last August near
Woodrow. Judge Felix E. Alley will
pass sentence. The defendant will
make an appeal at the time of the
sentence, it was learned,
''The-jury returned a verdict about
7 o'clock Saturday evening after de
liberating on the caso for four hours.
Sheffield, a traveling candy .sales
man, is n native of Haywood county.
His home is at Silver Hluff. near
Woodrow, where he also operates a
garage. He is married and has two
The slaying of Miller occurred in
front of RicknianV storo at Silver
Trial of the case, which was one
of the most sensational that has been
tried in Haywood county in many
years, began Wednesday morning
when a jury of 12 men was picked
from a special venire of 100 men.
Th jury was obtained shortly af
ter the- noon hour Wednesday, and
the State began to offer testimony.
Mrs. James Miller, widow of the
murdered man. was the first witness
called by the State. Slip told of tint
death of her husband.
James Welch, who was with Miller
when he was shot down and who
himself was shot through the right
' jaw by a 2."i-20 Winchester rifle bul
let, was the star witness for the State.
He was on the stand about an hour.
A tfi.l. In ii iK,i,U ,1... 1 tk.,,
occurred on the night of Sunday.
August (!, when Miller was shot down
by an- assassin who seemed to be
lurking in the Sheffield garage across
the road from Riekman's store, he
. told of some trouble he had some years
before with James Sheffield, when the
latter drew a pistol on him and at
tempted to -shoot him. "The two men
had not been on speaking term since
- . . . - . .
yjn, me evning or last August o
Welch sai;i he was in the .store when
James ( Bud) Miller came in and
bought some cigars. lie went with
Miller to th.. mi. ? ,i;,.u r;ii'- ,n,i
ecme there. Miller then asked for a
. match, and the two started back into
th store to trot tin mntel-i 4c t Kr.v
.approached the. door a shot rang out
from tho darkness nml Miller (Vdl.
fatally wounded. Welch stooped to
assist Miller to hit feet whim il '
Ond shot was lired and the bullet
Struck Welch in the right jaw. Two
mntv. oknit fll,.n.1 ; ,.:l. ,,,..,,.
sion, and Welch retreated to the cor
ner of the store and crouched down to
escape the bullets. He meped around
the corner, he said, and saw Sheffield
inside the garage near the door with
ine rule up to his shoulder tiring the
. fifth ami. sixth shots. .
On cross-examination. Welch show-
ed some feeling as he was describing
how Sheffield was standing in the
parage when no saw him tire the la.st
two shot.. He got up from his seat
and pounded upon the corner of the
''' judges V desk as he said looking
straight at .Sheffield: "lou shot me.
Jim Sheffield, and you Know I saw
youl' - . ,' ' -..
... Solicitor Reviews Testimony
District Solicitor John M. Queen
took two hours and IH). minutes' inh is
: argument of the case to to the jury.
. He consumed a large part of that time
in reviewing the deposition of Mr.
Sheffield, wife Of the defendant. He
stated to the jurors that they might
omit th consideration of the testi
mony of James Welch entirely and
consider only the testimony of the de
fense witnesses, and they would be
obliged to brinr in a verdict of murder
in the first degree.
Judge' Alley, in his charge to the
jury, reviewed the testimony of lth
the State and the defense. He told
the jurors they might return one of
three verdicts, murder in the first de
gree. murder in the second degree- or
not guilty. He defined the three de
grees of homicide, ibut charged the
jury that there w-ere no elements, or
evidence, to warrant a verdict of man
slaughter, but the verdict of guilty
. must bo either murder in the first
degree or murder in the second degree.
The court also called attention to
the alibi that the prisoner claimed to
1 .... l V 1 1. J . , i
, iime vMauii-iit-u. anu saia tnat a piea
of being in some other place at the
time of the crime must be examined
always with great care, but if the
facts established an alibi beyond a
reasonable doubt th,. jury must re
turn a verdict of not guilty.
The court also ruled on the matter
of a shot being fired with the inten
tion of killing one person and killing
another instead. The principle was
wi, tuau ii. viie juiy snuuiu iniu ine
prisoner fired the shot that killed
James (Bud) Miller with the inten
tion of killing James Welch, the in
tention to kill James Welch would be
transferred to Miller, that is. a ver.
diet of murder in the first degree
ehould be returned if the shots were
fired with malice, and with premedi-
lafun .M,l J-1'1 I , .1.
wuii auu uenoeration : out n inc
shots were fired with malice, but with
out premeditation or ok-litfa-ation,
Survey On Sewer
Line To Begin At
An Earlv Date
At a io:m meeting of the .board
I' ;i Mermen of Waynesville aiul
Hazchvood last Monday night
the ti rm of Harwood Heebe Com
I vi ny . consulting engineers of
Spartanburg were employed to
niakp the survey for the building
of the sewer line fivm Hawlwood
to u point In-low ljike.lunalu.sku
dam and possibly on to Pigeon
Thos. T. Dawson, engineer of
ihe linu. was in Waynesville Mon
day and Tuo-sduy. He told The
Mountaineer soon after the ap
Hiititincnt of his company that
work would begin immediately
on the survey, and everything
possible would be done to have the
report in Washington by the first
of the year for the approval of
ih, loan for the building of the
line by the Public Works Ad
ministration. It is expected that actual work
on the project will get under way
during the late winter- or early
Jack Messer Head
Of Baptist School
For Coming Year
Other Officers For First Ikiptist
Were Elected At Service
At 'the--preaching hour' at the Fir-t
Iluptist church here Sunday, Jack
Messer. Haywood .-ounty superinten
dent Uf schools, was elected general
superintendent of the Sunday School
lor the year 1P.J-1.
Mr. Mo,-er has been the suporin-t-.
n-leiit of the, public, schools of the
county since .July. I, this year. 1 1 1. is
a graduate of ('arson & Newman col
lege, Jefferson City. Tenn,, and is much,
interested in church and Sunday School
wol k as well in his duties of a
Oth- r -general oilier- of the- Sunday
School art as follows: Associate sup
erintendent. Kdwin Haynes; general
secretary. J.. If. Siler; 'assistant gene
eral secretary,- Miss Gladys Dieus; eo''
icspoiiiling secretary. Miss Sylla
Davis; choristers. Joint 1.. Davis and
Mrs. liut.h Hay Wigham.
Departmental siijierinteiideiH.s are
as follows: Home department. Mrs.
W. T. '-Crawford; ctadle roll, Mrs. H.
V.. Fuller; beginners, Mrs. J. I. Mor
gan; primary. Al is A nnie. 1, Kirk
patrick; juniors. Miss Fvelyn l.'nder,
wood; intei mediate, Mrs. H. W. Ban.
com; young people Kdwin llaynes;
adult. Jack Messer.
(icnera! church officers are as fol
lows; Church clerk- W. Ic. Allen;
treasurer of local expense, 11. T. Mes
ser; treasurer of Ipciievolence, Miss
Sylla Ilavis; iiiiaiicial secretary! Wil
liam Medford; music director ' .and
organist. Miss .Grace Crocker; assis
tant organists. Mrs. ,7. N. Tate and
Miss Maudp Terrell.
Reduced For Christ
mas Cards This Year
Announcement was made at the
postoflice yesterday that printed
Christmas cards with no writing ex
cept the name of the sender when
Placed in an unsealed envelope will be
delivered anywhere in the United
States for one and one-half cents.
When the t nvelone is sealed a three
cent stamp will be necessary.
All cards sent, locally, that is to
al! . addre ss.es that are served by the
Waynesville' post office will be deliver
ed for two-cents when sealed. Un
sealed will be one and a half cents.
Postal authorities again urge pa
trons to mail early.
Meet Monday Night
An official of the local post of the
American Legion made the following
Ex-soldiers: The American ... Le.
"ion will hold its innual meeting and
free '"feed"' at i;- hill ' in Ma.sonic
Temole building Moridav night. De
ctmber 18th, 8:00 oclock. All cx
service men are invited, also their
wives. Come on out buddies iwere-j
going to pay off the bonas.
with the intention to kill James
Welch, that would also b? trans
ferred to Miller and the pri-soner
would be guilty of murder in the? sec
Transylvania County Commissioners
Working To Get Park-To-Park Road
ihnmgh Pisgah National Forest
Junior Order To
Present Play Tues.
Nexr Tuesday, l'ec. 1!', at S p. in.,
iii the Lodge Koom over the FiiTt
National Hank, u play, will be given
entitled: "The Lawyer and the Hook
Agents, in two acts.
A ouartct. -string instruments ami
vaudeville will come Itelwecn acts.
At the close refreshments will In
i rved No admission fee will I"'
All Juniors' their families and
( I'ielid.s are -cordially ., invited and ex
The following is the cast of thi.
Zaik Ma--ey. Lawyer.
Gilbert Howes and Hob Fie, Hook
.1. 11. Ifarnes .Inhn liongeiihain
C. W. Harnes. Hlaek hell hoy jti'id
: tar comedian.
Uti.s Uurtin, Country boy and Tom
striitli. iiiium nlnvt.it
Hardy l.iner. Mrs. Smith Hurst
liurgin. Mr. .sniitli.
I?.ie Pflillin.s. Ihllli. l-il nd.
A vviiole lot d' fun ; come and have
:i good time.
jteiiicmber. no admission, free to
'J'his i- your invitation.
Met Here Sunday
Die Haywood County Singing Coll..
veiition held uii. of its ni'-st success
ful meetings las! Sunday afternoon
at. the eourt house. ' The program was
picsented 'to ,'in interested audience
v, liieli filled the court n Him to ovei -II-
One of the highlights' -on the. pro-
grant was the -singing of th,, Parker
(Juai'1 t from ('anion. This quartet
is. coni po.sed of It. A 1'arker, Lv T.
We.t and Mr. and Mr,. W. II. West.
(Mho: enjuyalile iiumlers . -were
pre.-ented i.y the Smith lirothers
quartet of Wayiiesvillc, the Filer
quartet. -'of Canton, and a duct, froni
flic Church of God in We-t Canton
A gre.up of Indian from Cherokee
delighted, the. audience . with several
s ;leftioi).s as well as the .choir led by
K -v- Sexton.
During the business -ession which
followed the singing W. H. West, was
fe-elected nrrsidimt and I!. A. Park
er was; elected . t serve as secretary
Tile next singing' convent ion will
lx"'--held the -econd Sunday -in -March.
Hears Judge Alley
Judge Felix K. Alley made ah .'.ad
dress' at the evening hour at the
Miethodist church last Sunday at
which time he discussed "Religions
:' ' The ' speaker told of the many dif
ferent religions that have been known
to th,, human raee and then made -a
comparison of the Christian ibelicf and
that of otheiv.
When he brought the, address down
lo the Christian religion, he brought in
some thoughts by which the world
ncds .to practice thP religion that is
tK'ing taught today in the churches
The latter part of the address was a
sermonette. and one which wa.s most
interesting to th- large audiene,. pres
ent. " ;. ?, -.'
Home Loan Granted
To Haywood Man
The tir.st loan from the Home Loan
Administration was received in Hays
wood county last week by J. Emory 1
Ru-sh. according to an announcement I
made by DoyTp D. Alky. Haywood 1
representative lor the Home Loan
Th,. loan was -for ; $823.59 on the
home of Mr. Hush.
' ?x s' .
ri ami: i; ioi I 'R
Petitions have In i n sent by the
.ounty coiii.ir.is,ionei- and. loard of
aldermen to Frank W Miller, of Way
nesville. highway .-o,oniissioner from
this district, urging him. .-to use his
inllue, ice in having '.lie park-'o-park
highway c.iihc within approximately
tw.-h-e inilos of Hrevard.
The Commissioners in their moyling
Monday pointed out that. Hrevard
would derive great heiiel'its from the
highway if it 'followed tile propmed
louie 'from Hiltniore through Pi-gab
National Forest. liSI connecting Hre
vard directly with the important link.
The matter was presented to the
town aldermen In County .Attorney
Hreese .Monday night and they voted
to join with the commissioners in ask
ing for the route. .Attorney Hreese
pointed.- oi.it t ha'- Highway llS-t, now
iK-ing surveyed- was practically as
sured of being .routed diivot from
Hrevard to Looking Glass, and that
'.his would add to th,, value Hrevard
und the county would get if the high
way is built along the crest of I'is
Commissioner Miller is known to
favor this mine, and it is believed
that the authorities will seriously con
sider th,, proposed route inasmuch a,
there will he no right of way to pur
chase through tin- national forest.
Following is the letter sent by .'he
commissioners to Commissioner .Mil
ler, the town aldermen aUo -ending
on,, of like nat lire :
We. : he .undeisig'iii d Hoard of. Com
missioners of Tian-ylvania county
most urgently request that you Use
your influence to secure the highway
known a "The Park to Park High
way," so that -am,- will leave llilt
nioi c and ci i.i -s Fi cikIi Hroad Kiver
at a suitable point nearby and enter
Pisgah National Forest, pas, up
Mount Pisgah and tin n on to the top
of the ridge known as the Pi.-gah
Uidge at Halsaiu .Mountain and thence
to Halsani (Jap. thence to Soeo Gap.
This will make one of ;h(. lixist
beautiful scenic highway,; in the
t.'nited Slates, as it will b,, from the
crest of the range of 'mountains close
to the South Carolina. loiinilary line
and into the Upper -part, into the
State, of South Carolina and Georgia
on, the Southwes'.ern side of aiil road
and then -e(. the magnificent iorgcx
of i'igeon River and its various forks,
I he Tuckaseigce .and other streams
which traverse its territory.. :
Transylvania County not -only feels
that it would be a great attraction for
the tourists from, the Northern and
New Fnglund States and vi, if ing the
Great Smoky Mauntain National
park, but also we fee! that, as Tran
sylvania countv has lost most of its
territory-' in' the; creation of Pisgah
National Forest and -thereby. lost the
taxes on same, :hat .-aid ("ounty i
entitled to .some consideration.
We therefore urge that you UM!
your powerful influence and get the
fellow members of your Commission
to- endorse this route for said Park
At Bantist Church
Set For Dec. 17
' At tlie Wavne.Hville Haptist churcli
Sundav afternoin. ; llei'mix r 17th
from four to five there will be un un
umil treat io st,re for music 'ovr-rs
A Ch"i,tmas V'esiier .'service under the
direction .f Mi-s Laura 'Plonk of
Cvnvo Park School and tlw S-uthehrn
Mi- Plonk is an outstanding ar
1 '-!-f anl miit.1 ix-rforlner and she will
he i sistHl in this service bjsome of
thr r"'"rh'-s .r h.-r facu'tv as well as
a number o" the students.
T'"w , "-rie,. is exnecteil to be one
?' t ntertainmn!.'. o'fi'rings
,.f .ii. fs-trnu sicfin .h(- a capacity-
crowd Jy anth-tTiated,
'V'.iir .-? r,ri,,."'-rs '"ving ,en
.tenee at 'h1 C'-vokt enji-tv Tr'on
"B""! an' ?vjher y'lr'!-, n "Ca-i
wha rv.'i'v ! -e,!r'ed bv st te'f
ii ison Tuday tJ have pscaued.
Judge Webh Will Not
Try Volstead Charges
Federal Jurist Sa.s Me Is With,
out Power To Pass Judj
ment On Violators
i'1'he Charlotte New.s)
"It is my opinion that I have no
power to impose punishment under
the Volstead act. now that the eigh
teenth amendment it repealed." JiHlgo
V.. Yates Webb, presiding over the
Western North Carolina district of
Unitid State, court, told Th,i News
today over tile telephone from hi,
home in Shelhy.
"1 can hardly pa.-.s judgment under
a law that is dead. I feel, thoiv
1? re, that 1 am without power to sit
on cas - charging violation of the
national prohibition laws. While
without a doubt, many of these por
si ii.- committed -'the crime for Which
they are charged, the -1st amendment,
te my mind- automatically removes
tile machinery by. which they mi;;!,,
b,, t rieil and punished."
Judge Webb explained that this
would .mean the junking of all pend
ing cast's' charging federal liquor law
violation Such will probably (be
vvepi" f loin 1 he docket s.
"(If course this will? not etl'ecf
tho.-,, person, already serving terms.''
lie added. . . "They were duly -tried
mid -eiileined under ;i law that
i-ted at . the time. Thiol's is a legal
and just punishment."
He added that between now and
the drafting of a general revenue bill
liv Congre-s covering the whiskey
situation, indictments for offenses
committed in the future -will lv
drawn under , the old 'Webb- Konyon
law and the Hid liquor revenue law
(both of whieli are still on tin,' books
and which 'how ln'come the prevail
ing mean., for federal protection of
diy -tales, from their wet neigh
bors. Judge Webb is co-author of
the Wcl?e keiiyon law. having qon-.-oicii
it while representing this (lis
1 1 id in I 'oiigres .
l)K. I,. IS. IIAVKS TO HOLD
t)l A IM K U L V ON I Kit KN ( K
(lev. I,. II. Ilaye, will preaeh aim
bold qllal tel ly conferences at, the fol
iowilig plat ( on Sundav, lleceinber
Heine:, I 1 .1. Ill
.lonal liiin .'! p. in.
I 'rabl i ee, 7 p. in.
All the ollieial, ineludioj-' tewaiil.-.
;,nida.V School Superintendelit, charge
lay .leaders, and young people,' worker.-
. and nresidenl s of Woman's -M i,
. ioiiary Societies are .expected to be
I'i'i - i lit.
.'I'hes,. meetings are very import'inl
.ii.ee the iian. for the year's work
w i I! In- made
I j.ginc i r H. Arthur llouchiiis, of
K noxville.. 'I'etih.; w as . killed anil 15
other persons were: injured when the
Southern's crack Carolina Special
was. derailed three- and a -half mile
west of Hot Spring 'fue-dav? night
ai s.-:',0 o'clock.
Fi fty-Hv,. lives . have, been forfeit
ed to blu-tei ing winter in the inoun;
tain-:, and river Valleys of the north
west and th,, iee-sheated hills and
plain- of -he eastern Fnited States.
'I'll,, homeward trail of Colonel and
Mrs. Charles A? Lindbergh took them
Oil an LJlIu mile lligl.t. from Mam u.
Hrazil to Port-of -jpain. iVinidad.
Their route lay over wide expanses of
tropical country where few airmen
have flown before. Their .tota I
elapsed flying iim,. was ! hour- and
'M minutes. -
A-hevi!U 's two hurley warohotLses
wer(. filled to capacity as the loCal
tobacco niarket prepared to iiflicially
begin if, fourth . ,ej-on Tuesday.
Appn, ,: i y , :: :, O00 THiiiml.s . of
hurley w a, on' the Ho r- -tv 1 1 oe!K-k.
''o-l foi - the ( st.i- 'ilishm.ent of
a liiiilcy i in :"; in w estern North
( ari-'- r v( ).. brighter than every
Uele ,-; Jeadrisof the Asheville burlev
market said -yesterday. It appeared
-almost? certain:' that the Asheville
market would exceed bv far the to
bacco sales Of the l:i2-.'i.i season,-
1 Three mm Were killed, three were
injured, and four escaped unhurt
when .n earth slide occurred on the
North Carolina side of Newfound
Gad in the Great Smnlu -.-'Aliumf ai-nc
Tuesday morning at 5 o'clock. After
.seven anu a halt hours of frantic
work, the bodies of the three men
who were killed worn rwom .,f
12:n0 o'clock Tuesday afternoon.
of Thos. Price
ireiHi' I'ottt-r Ot'nies Knowing
Anvthin: About Fatal
The slat,, rested Wednesday after
noon 'in the murder cas,, in which
Hewey Potter, ,'il, hi.s son, Wayne, M.
brother Clarence. 'J!f, and Kric Led
ford. 2?, first cousin of the Potters,
are charged with the murder of
Thomas Price m Lickston, Moun
tain i.irly in September.
Clarence Totter took the stand
late Wednesday afternoon in his own
behalf at which time he testified that
he knew nothing of the shooting, and
that his I'.u-othi i IVvvey had told him
The trial g,,; under way Tue.sdav
morning w hen a special venire of 12a
men reported for duty. At i o'clock
the t waive juror, had been selected
and the shite called to the Stand
Virgc William,, one of the two men
who was with Price at the time he
Williams told of how he. Price and
Chirli,. Hiiehanan were riding down
the trail single tile when Dewey Pot
t,.,, , j ; .-, t ;l;,i , and
called to them to .stop, and as he did
lie shot at Mr. Price. Williams said
he did not. se,, Clarence, but recog
nized his voice. The witness said four
shot, were tired. Price had his hand
on hi., pistol at, the time of the first
shot , but did no( lire it.
Mi -.Pi ice's liors,, ran about a qiiar
ter of a mile before tin- wounded man
I'll oil? He die.;, several minute
later in the arm- of Charlie Much
anan who was with Willi mis and
Price, Willianis vva- hit. with suitit
of the- shot and cam,, to th,, hospita1
her,- for treatment.
Charlie' Huchaiian when on the
stand Wednesday morning: told about
the s.ini,. story in detail a- related
by-William's mi Tue-day. He said in
(Kill : 'As we we r,. riding down the
trail ,-oineoii,, called 'halt.' Dewey
l'ottf-r and another man was Ix-hind
the tree, 1 did not recognize the
other inan. Dewey tired at us. Mr.
I'i'ie,, put his hand on his gun. but
did not lire. Sonic of the -hot hit mc
and also Williams. Pi ice's pistol
was in hi- pants Docket when he fell,
l! wa .'',' step, from'; t ; re to wheiv
-Mi? Price was shot." Huchaiian on
cross examination said he tired at
I lew e a I'ter ! he lir-t hot.
U'iiluirn Setzi I iail ci.ok said
Kric 1 ailtoi ,1 told him h,-;was at the
-cei to ,,f , t jrlg iPllt ,(;,( l(l ,nv
The lir-t w itne-s fo 'be put on th,'
s'and In Lie 'afVt-n.i- e,ioi wan
Kobert lliicbaaaii. 12 year-old hoy.
lb- told ot.w ilking up l.iikstone with
i "u in l- Georgi- Ituchanan" to pick
up .in 1 i i u t . on t he day of I h shoot
ioi:. O.i - th.- way home. In- .-aid they ,
folled at til, l'ot!e-?alld saw Mrs.
Potter, l.edl'ord, Dewt-v and Waviie
Poller, II,- ti -tiiici t i .-1 1 he heard
Wayne Potter ,-;,.y, "Mr. Price
ha, g,, nt ?v iii on the niouiitain,"
alio that Hev.ey Potter got hi, gun and
said In w-a- goint'.to , Very one of
ihi-iii. , II,, -ai.l 'n.-i! Ileu-ey." -Wayne
"-"I-1 d fori I lei; 'J,'.- hoii.-e immediate.
!y. Hi- .b.jii't .('iari-iice Poltec,;
Ci o'gi l!u, li.-.nai.i eoh-tablii of
W'aym svil!,. town bin practically
the - .in,, ,t ,1-v .a,; hi- nepln w adding
thai In saw- w, ,v Put!, r take out
carti algi-s I'roai a i, : .before' leaving
his home. 11,. .-aid tin- three asked
hill) to go with them imf. he refused
! - liar, h, negro, v. ho was in M: .-',-'
Pi-ice'- cinploy. -aid Dewey Pottc.
told him to feji Pi-ice n.,t to" ride oil
his '.-bfViim.-la.rv . tin' "vyhu'.', fair for
t he goo.-e is fai r for the gander." ?
? Williani-Giev. . negro, -aid tluu t
Wa.- present at .: i, .'a' of ( l.ir, i;c
Potter for. 1 1 , - oa- -ing on Mr, Prier'
pi operty.; , ,nd Mia1, after- t tie triaJ
Clarence told him to "tell old man
Price ?!o -t'.p -tiding on. - the nieui;
tain '..p-." W I.e.-, (;,-. .,- -r,,, i,;,r
w l;y. he -aid, i: ."
Si - 'b Irwin, ar.olai r negro em
Ploy, ,. .,;' Mr. Price upheld the to
tiiiiuny .,f ;h, other two.
T. L. H-amle;; ,Tr . who went to
the scene, of the .-hooting with Dr.
Kirkpatrick. told the jurv that lu
examined, the liistoj which'thc latter
took from Mr, Price's p.i.-ket and :.
-'ippeared to be a . new pistol t,(i. .
having been lired.
. Dr. Torn Strirgfield, who exam-'
med the pistol, also said that it seemed
not to have been tired.
'. I'. Williams told tie- jurv that
ho heard Clarepce Potu r say "a few
days befor,. thi -'tooting- -tir.t .Mr
I'rice iouldn't rid, th,- mountaina
George Huchaiian wa,- recalled to
the stand to inder.tify Mr. Price's
pistol and .-aid that it Was not touch
ed 'irit.il Dr. Kirkpatrick removed it
from hi, pocket. He ih-i iden-tificil
two shot gun .-hells "he' found by the
tree whet-- h,, ,a:,i the Potters .stood,
. ' J ): K( riey. ( -.-;. -d. irVdentifieri
gun aa,,' twigs' which we. cut off of
a chestnut ire,. Oy ? hots. H, aist
.shfjtn-'d the iury two -hells which he
found? a: .the ' M-nio'r Potter's home
whichl comparnl with sho'ls ' iinij ry
Hu hdna'). .
Andy SUmher.. :. Sj::t,ui-,t otlicer
ot the Champion Fibre Company, toid
fContinuet en hack pa?e)