field V.. son. 1880. he closed his front door, which opened on said St. April Term. Asaph street, and turned off one light therein; that there were in the room John Robey and plaintiff, and Dainger- John Dixon, colored, an employee of plaintiff, was back in the kitchen, when he heard voices at his front Thomp door and persons seeking admittance and knocking on the same and cursing and swearing, and also rapping on the window. In a few moments Mr. James R. Smoot entered by a side door, which opened on the alley adjacent on the south side of the house, and said Smoot told him to open the door, Rev. (meaning thereby the defendant) was outside. He, the plaintiff, walked to open the door, and as he was putting his hand on the knob of the door opening from the restaurant into the passage on the north side of the house for the purpose of admitting the defendant, he heard the explosion of a pistol and found himself shot with a pistol ball through the right foot. He cried out that he was shot, and immediately afterwards the front door was opened and George W. Harrison and the defendant entered. Plaintiff was then seated in a chair holding his wounded foot. Harrison came up much excited, saying, "My God, what can I do for you," and was greatly excited and alarmed. Harrison rose up and turning to defendant he said, "This would not have happened if you hadn't told me to fire a salute." To which defendant answered, "I didn't suppose you were d-d fool enough to fire into the house-I thought you'd fire into the air." Presently afterwards Smoot, Daingerfield and Harrison left, one after another, in the order named. Previous thereto Robey and the boy, Jack, had gone for the doctor, who came and dressed his wound. On the next morning defendant, Daingerfield, came to see him, and Mr. McLean and the boy, Jack, were 1880. April Term. field V. son. present. McLean was urging plaintiff to prosecute Harrison, when defendant, Daingerfield, said, "No, I would not do it if I were you-if I had not told him to do it, he would not have done it. He is not worth Daingeranything anyhow." Presently afterwards Daingerfield left, and he has had no further conversation with him Thompsince that time. He was laid up for many months with his wound, and suffered great pain therefrom, and finally the leg was amputated just below the knee to save his life. His general health had suffered; he had become greatly emaciated, being reduced in weight from 145 to 114 pounds, including his iron leg, and his business had suffered greatly in consequence of this affair, and he had been at great expense for medical services and medicines, his physician's bill alone amounting to $300. The plaintiff next offered John Robey, who testified as follows: That he was engineer on the Alexandria & Washington railroad, and brought down the special train from Washington on the night stated. He was waiting for a steam of oysters at Thompson's restaurant. Thompson asked him why he was out so late. He replied he brought special train down. Thompson then asked if there were any drunken people on board. He replied there were some drunk, but too drunk to give any trouble. Plaintiff said he had better close up, and had his front door closed and one light turned down. Soon he heard the voices of persons on the street seeking admittance, loud knocking on the front door and window, and voices cursing and swearing. A few minutes afterwards Smoot entered by the side door from the alley, and on entering said, "Thompson, open the door; Rev. is outside." Presently afterwards heard the pistol shot, saw Thompson was wounded, and started out of the side door and ran for the doctor. April Term. 1880. Went for the doctor twice. As he was going out he heard the word salute used, but by whom does not know-Daingerfield and Harrison being in the room Dainger at the time. Harrison's position indicated that he was tipsy, but did not think that he was too drunk to know Thomp- what he was doing. field V. son. Isaac Johnston (colored) was next offered, and testified as follows: occurrence. He lived opposite to plaintiff's restaurant at that time, and was standing in his door on the night of this Saw three men in front of the restaurant. One of them presently went up the alley; the other two remained talking and knocking on the door and window. They were cursing and swearing. He recognized the two outside as defendant and Harrison. He heard Harrison say, "Shall we give him a salute?" and the other replied, "Yes, salute the damn black republican." At the time this was said Daingerfield stepped back from the door towards the curb and the pistol was fired; presently afterwards heard the pistol shot. Frederick Stubbs was offered, and testified as fol lows: That at this time he lived opposite to Thompson's restaurant, next to Johnston, and was at his window at the time of the shooting of Thompson. He spoke to the witness Johnston as he went in his door, and afterwards from his second-story window; saw the three men at the front door, but could not recognize them by sight. One went up the alley, and heard them talking; was attracted by the loud talking and swearing and knocking on the door and window. Some one, not Harrison, said, "Let's give him a salute," or "Give him a salute," and heard Harrison, whose voice he knew, say, "I'll do it; the old republican;" and he thought they were going to cheer him, and in a moment heard the explosion of a pistol. Just 1880. April before the shot, one of them stepped from the door Term. towards the street. field The plaintiff's colored boy Jack was next offered, Daingerand testified: That on the morning of the 6th of March, 1877, he was present at the conversation between the defendant, Thompson and McLean. McLean said that if it was him he would have Harrison arrested. Defendant said, "No, I would not do it; he is not worth anything anyhow." McLean said he did not care; he would have him arrested and punished. Defendant said he thought Harrison had fired in the street. Drs. Lewis and Stabler testified that they amputated the limb to save Thompson's life; that he suffered great pain and anguish from the wound, and his health was seriously injured thereby, his chest having been involved, because of the nervous prostration, resulting from the wounds; that previous to the shooting, Thompson was a healthy man. The plaintiff then offered, in evidence, an ordinance of the city of Alexandria, the substance of which is given in the statement of the case. The defendant to maintain the issue on his part, offered himself as a witness, and testified as follows: That he, in company with James R. Smott, took the 7 o'clock local train on the 5th of March, 1877, for Washington. At the train he saw Thompson. He and Smoot had been frequently in the habit of frequenting Thompson's saloon to get oysters and something to drink. Thompson asked them where they were going, and on being told that they were going up to see the fireworks and would be down on the late train, said, "When you come down you will want something to eat, and I will be open for you." On their return they started from the station for ThompVOL. XXXIII-19 V. Thomp son. 1880. April son's, and after going a square, were joined by HarriTerm. son (whom they had not previously seen), and he, on being informed where they were going, said he would Dainger- go along. They went on, down Cameron street to Columbus street, and thence down Columbus to King Thomp- street, and thence down King street, which course was field V. son. a square out of the direct way to Thompson's, passing by Appich's restaurant, where they halted, and might have stopped but for his being closed, and turned into St. Asaph street to Thompson's. They saw the door was closed, but the light still burning. Harrison tried the door, and Smoot turned and went up the alley. Defendant rapped on the window, and then also turned and followed Smoot to the mouth of the alley, and there stopped for a matter of relief. Whilst standing there Harrison was talking and turning the knob of the door, and presently he heard the discharge of a pistol. Harrison said the damn thing went off accidentally in shifting it from his pocket. On the door being opened by Smoot, Harrison went in, and defendant followed him. He found Thompson seated in a chair, and shot in the foot. Harrison was very pale, and much excited, and he himself was dumbfounded. Harrison exclaimed, 'My God! what have I done," and repeated that the damn thing had gone off accidentally in shifting it from his pocket. He did not hear Harrison address him, as testified to by Thompson, and said nothing himself that he recollected. In a minute or two Smoot left, and almost immediately after he followed, admitting that in the former trial he testified that he remained ten minutes; that he had no knowledge that Harrison had a pistol, and that he was as much surprised at the shot as Thompson was at being shot. He did not remember the word salute being used outside or inside. He went the next morning to see how Thompson was; saw Mr. McLean was there; asked Thompson how he 66 |