Charles Kincaid Trial: 1891 - Prosecution Calls Shooting Revenge

The prosecution, however, claimed that Kincaid sought out Taulbee with the intention of killing him in revenge for the assault he suffered earlier that day. Samuel Donaldson, a friend of Taulbee's and, aside from Kincaid, the only surviving witness to the shooting, testified that the correspondent waited for Taulbee as he and Taulbee walked down the stairway. Before the former congressman knew that Kincaid was there, the reporter called out, "Taulbee, you can see me now," and fired.

The prosecution also argued that, even if the shooting occurred as Kincaid alleged, the correspondent still had a duty to flee before firing his gun. According to Cole, shooting Taulbee in self-defense was an option only if Kincaid had been backed into a corner and had nowhere that he could safely run to; otherwise, the killing would at least be manslaughter. (Of course, Kincaid's lawyers countered that no such duty existed.)

There was also a "dying declaration" supposedly made by Taulbee to his brother three days before his death. "I did not know Kincaid was near and did not know who it was who shot me until I was told." The defense, however, hammered away at both Donaldson's testimony and the statements recorded by Taulbee's brother, pointing out inconsistencies and raising doubts about their truthfulness.

On April 8, 1891, after only a few hours of deliberation, the jury returned with a verdict of "not guilty." A few days later, Kincaid returned to Kentucky with his sister and nephew. He would later serve on the Kentucky Railroad Commission and as an American diplomat. In 1896, Kincaid returned to the newspaper business and became a reporter with the Cincinnati Enquirer. However, his health remained poor and he died in 1906 at the young age of 51. Despite his accomplishments, Charles Kincaid was still best known, at the time of his death, as the man who shot Congressman William Taulbee.