Page:Palmore v. State.pdf/10

VOL. 29] Rh  and he, Palmore, fired, and shot Meyers in the arm; he then fired again, and struck him in the bowels. Meyers said: Judge, he has killed me; he has shot me in the bowels. He, Meyers, then pushed Palmore over, and took the pistol away from him, and carried it into the house. Palmore said: Judge, don't let him kill me. Meyers then went towards the house, and defendant again requested witness not to let Meyers kill him, and said he was willing to give himself up to him. I told him I thought he had killed the man, and he had better stay and see what the consequence was. Meyers was then taken into the house and defendant went off. I did not see him after that.

Meyers lived until the next day at 12 o'clock, when, the proof shows, that he died of the wound.

Mangum, in cross examination, stated that he did not know whether Meyers drew the ox bow before Palmore drew the pistol, or not. This ox bow is proven by other witnesses to have been an old ox bow, untrimmed, about three-fourths straightened out, and was about five feet long; and that Meyers struck with both hands, advancing on Palmore to do so. Deceased was Mangum's superintendent.

Mangum further stated that the parties clenched and struggled after the pistol was fired the first time. He did not suspect a difficulty until it was too late to prevent it. The second shot was fired while they were clutched and struggling, when deceased threw defendant down, and got up holding Palmore's pistol in his hand. This happened on the usual traveled neighborhood road, in front of Mangum's plantation house, in Phillips county.

Other witnesses proved that defendant was passing on this occasion on proper business, having gone by in the morning after his clothes, which were at Robson's store, and was returning.