of the Phoenix. I passed through the bar-room and went up stairs. From the head of the stairs there is a hall some thirty-five feet long, leading to the gambling room. In this hall, and near the head of the stairs, there is a urinal. While I was standing at this, I heard pistol shots, in rapid succession, and noise of chairs falling in the gambling room, during which time a number of men came running out of the room into the hall, and some of the men falling down in their hurry. The whole affray did not last longer than fifteen seconds. When the hall was cleared I went towards the gambling room, On the way, and about ten feet from the door, I met E. D. Banister, who said to me, "Keep out of there." However, I went on to the door, and met Alex. Scott, collector of the third district, coming out. These men swore positively to the above. Banister is standing, and doing business now in Covington, Ky. I went inside the room, but not more than five feet from the door. I saw Thomas Myers lying on the floor, and Peter Schwab standing near him. There were two or three others in the room. I immediately turned around and went down stairs. I saw nothing of the row, nor was I in the room when it occurred. Myers' name was mentioned, neither by me nor to me that evening, previous to his being shot, nor of my own knowledge do I know who struck or shot him. The following day the inquest

an intelligent man of good

was held upon Myers' body. Nearly every man that was in the room, or near it, was brought before the jury, yet not one of them could tell who shot Myers, though several stated that Jackson Garver struck him with a stone, and then with a slung-shot. It appears that they were all panic stricken, the affair happening so suddenly, while every one was engaged playing. There is no doubt, however, but the main facts were developed at the coroner's inquest, and those were: that Garver struck Myers with a stone, while the latter was sitting at a table playing cards, and that in drawing out his pistol, he shot himself, dying from the effects of the shot, in ten minutes.

When we were locked up in jail, there were some ten other prisoners there. Garver told all there, that there was no one struck Myers but himself. He said when he saw him there that night, he thought it was a good time to give it to him. He first threw a stone at him, but missed him, he then threw another, this time striking him on the head. Myers then jumped up, and they clinche1. Garver then struck Myers over the head several times with a slung-shot. The latter now let go of Garver with his right hand, and attempted to draw his pistol out of his pants' pocket, cocking it as he did so. Garver made an attempt to get hold of it, but failed. He then struck Myers' arm. The pistol then went off, and the muzzle being just out of his pocket, the bullet passed through

the top of his pants, and into his body. Garver stated to me, that the reason he assaulted Myers, was, because the latter, had, together with a woman named Cone, circulated slanderous reports about his (Garver's) wife, but it was well known that they had many quarrels before this.

S

CHAPTER XXI

JOSEPH MYERS' TESTIMONY-CROSS EXAMINATION.

UNDAY morning the inquest was held over Myers'

body. Many witnesses were examined by the coroner, and they testified to what they saw at this time, while their memories were fresh, and before any influences had been brought to bear upon them, to induce them to tell what was false. Afterwards the evidence of some of these men were very different to their original statements, and much stronger against McGehean. But, on this examination, there was nothing proved against him, which should have subjected him to one minute's deprivation of liberty. However, through the machinations of his enemies, he was arrested, and placed in jail. Joseph Myers, the brother of the deceased, on this occasion, deposed, under oath, that when he heard that his brother was hurt, he hurried to the American saloon, went up stairs, and found him dying, unable to peak. Knew not how his brother came by his death. On being asked by Dr. Gale, the surgeon, who was assisting at the inquest, whether he had heard or seen anything which

would lead to the detection of the man who had killed his brother, answered, that he had not. Mark how differently this gentleman testified the Thursday following, at the preliminary investigation:

"I went to the American saloon, and the first man I met was Tom McGehean." I said, "McGehean, I came

for no fuss."

He says, "All right, Tom's my meat, up stairs, dead." Here he was passed over to Vallandigham, one of McGehean's attorneys for cross-examination. He was asked what his business was, to which he replied, that he kept store.

"You mean a saloon," said Mr. V.

"I keep a store," he replied again.

"Don't you retail whisky?"

"Yes," he answered.

"What else do you keep in your store?"

"Were you not sworn before the coroner, in regard to

this case, about three days ago?"

"I was."

"Were you not sworn to tell the truth, the whole truth, and nothing but the truth?"

"Yes."

"Did you state anything there about McGehean saying, 'Tom's my meat, up stairs, dead.""