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charged with killing Dr. Riley B. Womack in a three-cornered shooting afray in the first precinct of this county last Friday has created considerable interest, filling the Circuit Court Room here at the preliminary trial before Esq. A. H. Kerr, assisted by Esq. S. L. Higdon as Associate Justice. The State is represented by H. M. Candler and Frank Boyd of Athens and the defense by B.B.C. Witt and John Shamblin of the local bar. The peculiar longevity of Dr. Womack after the shooting was phenomenal, the attending Doctor considering him dying two hours after the shots entered his body, and the Knoxville papers received such report the next morning, attendants and neighbors reported him " surely dead by this time" at 8 o'clock Saturday morning, but he rallied and talked freely and rationally apparently for some time before noon on Saturday and did not die until Sunday morning between sun-up and 8 o'clock. The trial set for Monday was postponed for the funeral of Dr. Womack, which occurred near noon at the Womack Cemetery, three miles east of Calhoun, on Monday. States Witness, Jerry Cronan, testified that just after Doctor Womack said, "We will let the law settle who owns the slabs," a shot was fired, rattling against the crib walls just back of Dr. Womack, then that both Womack and Slack stepped out into his view, and two shots were exchanged, the team running from Slack toward Womack, being turned back at the second shots, and that Slack appeared to be dodging behind the mules to keep from being shot. Cronan did not know the number of shots, but others said four or five, and Herbert Slack got the empty gun and loaded it. Cronan said that the young Slack, Herbert, shot Doctor Womack once in the arm with a pistol, after emptying the shotgun into him, after having loaded it behind the sawdust pile, and that Dr. Womack was looking toward the older Slack when Cronan told him to watch out, and Herbert Slack fired from the other side of the sawdust pile, but out in full view of the Doctor had he been looking that way. Herbert Slack had five small shot grazing him, indicating that he was either shot at before going behind the sawdust pile, or that he was close enough to his father for some of the shot to hit him. Dorcas Prater, negro wash woman at the Slack home when Wm. Slack came for the gun, was the amusing witness, remembering only that he had said "Wasn't going to be run over," and that she said to him "The War is over, you ought to be good," and he replied, "I am trying to be as good as I can", and then she finished her washing and went home. John Harrison of Harrison Bros. testified to selling to Herbert Slack about 1:30 the day of the shooting, four cartridges of No. 4 buckshot, (some smaller than a .22 bullet), and that Slack did not say what they were for, and that he had nothing unusual in his attitude. W. F. Russell, owner of the saw set, timber, and slabs, testified substantially that after trading Slack some oak timber and the slabs off of them, he gave the slabs in question toMr. Slack. That the timber was bought from Daniel Calhoun when he owned the land, that Dr. Womack bought the land and moved on to it about six or eight months ago, that the saw set was finished about two weeks ago, and that a month was in the contract in which to move the lumber form the yard after the mill finished. Mrs. Womack, young widow of Dr. Womack who was killed, testified freely regardless of which side the testimony favored apparently. She said Dr. Womack had the morning of the difficulty bought lumber for part of a house pattern from Wm. Slack on the mill yard. That the Doctor told Slack he wanted part of the slabs, that Slack told him he wanted four loads, that Doctor said that would take all of them. That Slack came back for second load and was asked by teh Doctor not to come back after any more, that next time the Doctor took his gun down there and ordered them not to come back any more, that he would shoot them, and Slack said, "If it takes a gun to settle it, Herbert get your gun and I'll get mine," and the Doctor said, "We can settle it, leave the boy out." When the two Slacks brought the gun and a pistol along with the wagon, and were starting to load slabs, the Doctor was in the road with his gun, and pistol, when Wm. Slack told him to stay out of the mill yard. Thereupon, the Doctor said, "I can shoot from the road", and Slack shot the first shot, the shot rattling against the crib behnd the Doctor, then the Doctor shot and four or five shots were fired. That Herbert Slack shot at the Doctor after getting behind the sawdust pile to reload it, that the Doctor turned and shot at Herbert Slack then. That the Doctor's pistol had three empty cylinders afterward, and one not shot. She gave the Doctor's age at 72, while she is apparently about half as old. Another witness unloading hay in the barn loft for Cronan substantiated Cronan's evidence as to what was said, but could not see what occurred. Cronan's evidence as to what was said was not as full as Mrs. Womack's nor as freely given, he not remembering he said all that was said, nor how may shots were fired. Evidence as a whole showed five by Womack, and four or more by the two Slacks, the younger Slack's shots after having been hit. The Elder Slack, with shots in both arms, scattered over his berast, and face and piled up in left shoulder, and his son, Herbert, with five surface wounds form shotgun, were accompanied at the trial by their families,while two brothers of the deceased Dr. Womack aided in the prosecution. The Court bound both defendants over to Circuit Court in a bond of $10,000 each, which was readily made, being signed by B. P. Rollins, W. F. Scarbrough, J. W. Burris, Albert Crumley and W. F. Russell, among them worth probably five times the amount. The medical attendants evidence, Dr. Nichols first, showed that the charge of shot into the stomach of Esq.Womack gave him no chance of recovery. The arm being shot badly, indicated that part of the shotgun charge hit it before he turned around and that the pistol shot then struck inside left arm. while the Doctor was shooting at the younger Slack. (Riley B. Womack was shot Friday, September 26, 1919, and he died
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