Bartow-Sumter County GaArchives News.....Hawkins, Jr. Willis A. kills Western "Wes" Hardy; not charged with murder : ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Valerie (Johnson) Freeman http://www.genrecords.net/emailregistry/vols/00009.html#0002248 and Wilbur G. Nixon, Jr. nixon_wg@bellsouth.net October 21, 2006, 4:18 pm "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 abou tthe 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 readly 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 This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 14.6 Kb