- "The Anniston Hot Blast" :
Anniston, Calhoun Co., Alabama
NEWSPAPER Issue of Saturday, MAY 3, 1884
CALHOUN County Local News
PISTOLS AND POOL Results in Shooting of Mr. Wes Hardy in the Stomach
The usual quiet and serenity of Tenth street was considerably excited and
stirred about seven o'clock yesterday afternooon by the thoroughfare just in
front of the Red Light Restaurant. Hastening to the place, The Hot Blast
Reporter found Mr. Wes Hardy lying on a bed with his hands across the pit of
his stomach, quite ill. He was very sick from the wound. From what could be
learned, it seems that Mr. Willis A. Hawkins Jr., formerly of Americus, Ga.,
but more recently of this city, and another party, were engaged in a game of
pool in the billiard saloon of Mr. Lon Hardy, a brother of the victim.
During the game, a dispute arose about how many games the parties had played and from one word to another between Hawkins and young Hardy were exchanged, whereupon Hardy retaliated by giving his opponent a blow with a billiard cue. Hawkins left the saloon with the remark " This is not the end of this."
A few minutes afterward, Hawkins returned to the Red Light Restaurant, next door to the billiard room and was speaking of the difficulty to Mr. Lon
Hardy and another gentleman present. Mr. Wes Hardy was standing near while Hawkins was talking and as natural, the dispute was renewed. Hawkins received a slap on the side of the head from Hardy, whereupon he pulled his pistol and fired, the ball striking its victim in the region of the stomach, hitting the second rib, glancing and entering the cavity. After firing, Hawkins turned and walked down Tenth street foward his room, where he was found by Marshall Hunter and arrested. Drs. Davis and Sexton attended the young man.
In reply to our question, Mr. Hawkins stated that he regretted the
difficulty very much, and that it happened in this way: "Ever since I have
been here I have frequented the billiard room and grew quite intimate with
Mr. Hardy. We have been in the habit of calling each other liars just for
fun and this afternoon we had "rum in a jug" and had taken a drink or two. I
called him a liar about the pool store and he didn't like it. I told him I
did not mean anything more than usual. This did not satisfy him and I told
him he could take it as he pleased. He then struck me with a billiard cue
and beat me up badly. I left and went to my room and after awhile returned
and was standing in front of the Red Light restaurant telling his brother
about the difficulty when he came up and slapped me and his brother drew a chair to strike me. As I recovered from the blow, I drew and shot and him
and then went to my room.
Mr. Hardy was not allowed to talk by physicians but said to us that he had
whipped Hawkins in the afternoon for calling him a liar and that later me
met Hawkins in front of the Red Light restaurant when Hawkins again called
him a liar and he slapped him, and Hawkins shot him.
Mr. Lon Hardy swore out a warrant before Judge Jeffers, charging Hawkins
with assault with attempt to murder. The judge placed Mr. Hawkins in the
custody of Marshall Hunter to appear before him this morning at 10 o'clock.
Mr. Wes Hardy, the wounded man is twenty-one years old, a clerk in his
brother's billiard hall and is regarded by everyone as honorable, congenial
and a clever young gentleman. He was born and reared in Cartersville, Ga.,
where his parents are buried and most of his relatives reside.
Mr. Willis A. Hawkins Jr. is but recently from Americus, Ga. He is the son
of Hon. Willis A. Hawkins of that place, a former judge of the Supreme Court
of Georgia, and a gentleman very prominent at the criminal bar of his state.
Young Hawkins graduated for the law and came to this city for the purpose of
establishing himself as an attorney. He is a polished and clever young
gentleman and generally liked by his associates.
----
NEWSPAPER Issue of Saturday, MAY 10, 1884
HAWKINS-HARDY HOMICIDE
Wednesday, the preliminary trial of the State vs. Willis A. Hawkins Jr.,
charged with murder, was begun before Judge H.L. Jeffers. The justice court
room was so very small that the court adjourned to the law office of J.J.
Willett, Esq. At 11 o'clock, both sides announced ready. Saffold Berney,
Esq., John M. Caldwell and Colonel Broyles of Atlanta appeared for the
prosecution. The defendant was represented by Colonel N.B. Feagan and J.J. Willett, Esq. Judge W.A. Hawkins of Americus, the father of the defendant was in court.
The prisoner has been in jail at Jacksonville since the homicide and was
brought here for trial Wednesday by Marshall Hunter. The state through Mr.
Berney announced ready and the defendant announced ready through Colonel Feagan. The warrant was sworn out by A.C. Hardy and charges the defendant with murder in the first degree. The witnesses for both sides were sworn and put under the rule. The defendant waived the reading of the warrant and admitted that the defendant came to his death from a pistol ball fired by the prisoner.
The first witness introduced for the state was A.C. Hardy, brother of the
deceased, who in substance, testified as follows:
"Western Hardy was the name of the deceased. He was my brother. He was
killed by Willis A. Hawkins Jr. in Anniston on the second day of May of this
year in front of the Red Light restaurant. He was shot Friday afternoon and
died Saturday at four o'clock. Friday evening, I was standing in front of
that restaurant when Mr. Hawkins came up. His voice seemed to falter and he said to someone that there is two of them ___ but I don't care. He then
turned and asked me if we had not always been friends and I replied yes. He then asked me if he had not often called me a liar and I said no, he had
not; he said he had, and I then asked him if he meant to call me a liar and
he said yes, that I was a liar. I told him I would not take that. He drew
his pistol and I told him that did not frighten me, and I picked up a stool
to strike him, when my brother stepped up and slapped him in the face and
caught at his pistol. The stroke sort of staggered him and as he recovered,
he fired at my brother. My brother went into the saloon, with his hands on
his stomach. I asked some one to see that Hawkins was arrested and then went to my brother and staid with him until his death.
Cross-Examined - - - I live here and run a billiard saloon. I have known Mr.
Hawkins for six weeks, he having been about my saloon quite often. He takes his meals at the Red Light restaurant. He passed by my door that evening to get to the restaurant. He did not stop at my saloon. I am positive he came up the street and passed by my saloon. When he stopped near me he said there were two of the ____, but he was not afraid of both of them. His back was to me then, but he turned toward me and asked if he had not always me treated me as a gentleman. I said he had. When I saw he intended to shoot, I got behind the column and raised the stool to my face. When my brother's hand appeared in his face he staggered back and in a few seconds he fired. I did not hear him say that he had been badly beaten up and had no friends in Anniston. He was not exceeding seven or eight feet from me at any time after he arrived there up to the time of the shooting. I did not grab the stool until I saw the pistol. Hawkins was not at the Red Light restaurant when I came up. I was there first.
Redirect - - - The Red Light restaurant is on 10th street. The shooting took
place about seven o'clock. When I first saw Hawkins I was standing in the
restaurant and Hawkins was coming up from the direction of the depot, and I
first saw him in front of my saloon. In the forenoon before the killing, I
saw Hawkins in my pool room. Just as he stepped out of the door I heard
Hawkins say that is not the last of it. He then went in the direction of his
room. Before leaving, my brother came and apologized for what had occurred in the billiard saloon and Hawkins refused to accept it.
Joseph E. Adderhold was sworn, and in substance said: " I knew Western
Hardy. I was sitting in front of my restaurant and saw Hawkins below the
billiard saloon and the deceased standing in the saloon door. The deceased
said he had broken a billiard cue over Hawkins. Awhile afterwards, Hawkins
returned to my restaurant, coming down the street from the mill. Hawkins was standing in front of my restaurant telling Bush and me and others about how he had been treated, when Mr. Lon (A.C.) Hardy came up and slapping his hands together said "Yes and I would have treated you the same way." Hawkins then said "Lon, haven't I called you a liar in fun?" Then Hardy said "no, you haven't." Hawkins said yes, I have and Hardy said, do you mean to
dispute my word, and with that remark jerked up a stool and endeavored to
strike him with it, but some one caught ahold of it. The deceased then ran
up to Hawkins and struck him with his fist, staggering him back against the
awning. As he recovered himself, he fired at the deceased and I then caught
his pistol and told him not to shoot any more. The deceased went into my
restaurant and Hawkins went towards his room.
Cross Examined - - - Mr. Hardy had the chair drawn until Hawkins took down
his pistol. When Hawkins came to the restaurant he did not pass the billiard
saloon but came in the opposite direction. Hawkins did not draw his pistol
until after the deceased had struck him and he drew it as he recovered from
the blow and immediately fired. Hawkins did not say there are two ___, and I am not afraid of both of them. Hawkins did not call Lon Hardy a liar.
Mr. David Pittard was sworn and in substance said: " I was just inside the
billiard saloon when the shooting took place, near the door. I could not see
anyone except those next to the outside of the pavement. They were Mr.
Hawkins and Mr. Adderhold. Mr. Hawkins had the pistol in his hand and had
fired and Adderhold got hold of the pistol and told him not to fire again. I
was not present at the difficulty between the deceased and the prisoner and
never heard the prisoner make any threats.
A.P. Bush was sworn and in substance said: " I was in the restaurant and so
was Hawkins. He told me he had been beaten all up and had been badly treated in the billiard saloon. About that time, Lon Hardy came up and said he would have done the same thing. Hawkins said, "Lon, I have called you a liar in fun, and so have I called Bush a liar." Lon Hardy said he hadn't and asked if Hawkins meant to dispute his word. Hawkins said no, but he had called him a liar. Hardy then tried to get up the stool but I tried to take it away from him. I then heard the pistol shot but did not see the deceased strike him as my back was to him. "
The defense began by introducing Mr. J.O. Marhover, who was sworn, and in substance said: " I do not reside here but I was here last Friday. I was in
the billiard room and heard Mr. Hawkins called the deceased a liar, when the
deceased said he would not take that. Hawkins said he only said it in fun,
and the deceased still said he did not like to e called a liar. Hawkins then
said "well you can take it as you please", when the deceased struck him
twice, breaking the billiard cue. In fifteen or twenty minutes I saw
Hawkins, Bush and Adderhold taking in front of the restaurant. I joined them
and Hawkins was talking about the fight, when Lon Hardy stepped up and said he would have done the same thing."
The argument of the case was then begun for the state by Safford Berney,
Esq. Mr. Benrey made a masterly speech of two hours, in which he read all
the law bearing on the case, and applied to law to the facts. He was
listened to with marked attention by the judge, an the large audience who
had assembled to hear the speeches. Mr. Berney was congratulated in his
efforts.
J.J. Willet, Esq., followed for the defense and though young in the practice
of law, his handling of the case stamped him as a man of ability and
destined to take high rank as a lawyer. He drew eloquent in the defense of
his client, and contended that it was clearly a case of self defense. At the
conclusion of Mr. Willett's speech, the court adjourned until the next
morning.
Thursday morning the argument in the case was renewed, Colonel. N.B. Feagan following for the defendant. Colonel Feagan has but recently moved to Anniston from Union Springs, but his ability as a lawyer had preceded him
and our people were prepared to find in him an able and eloquent lawyer, and in this they were not disappointed. His speech was a powerful one for the prisoner. He reviewed and dissected the testimony of each witness and
adjusting it all, he declared the case one of self defense. He was listened
to with marked attention as his eloquence and logic rang out in the crowded
court room.
After the arguments had been concluded, Judge Jeffers reviewed the testimony and said the evidence would not make out a case of murder, nor did he though he ought to discharge him (the prisoner) entirely, and therefore would admit him to bail in the sum of one thousand dollars to appear at the August term of Calhoun circuit court. The bond was readily given and the prisoner discharged. In the afternoon, young Hawkins, accompanied by his father Colonel Willis A. Hawkins, took the Georgia Pacific train for Atlanta.
----
NEWSPAPER Issue of Saturday, AUGUST 16, 1884
CALHOUN County Local News
HAWKINS - HARDY HOMICIDE
The grand jury, after investigating the case of young Hawkins who shot and
killed young Hardy here in the spring, decided they could not even find a
true bill against him, or in other words, thought the killing was
justifiable. This seems to have been public sentiment here since the trial
and thus the county was spared the expense of a trial that would have
resulted in young Hawkins' acquittal.
File at: http://files.usgwarchives.net/ga/bartow/newspapers/hawkinsj1869gnw.txt
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Abt 1864 - Abt 1884 (20 years)
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