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Witnesses tried to `break up' fight

they tried to stop the incident from taking place.Winston W. Burgess, 31, of Turkey Hill, St. George's is charged with unlawfully killing Ming and intentionally causing him grievous bodily harm on September 10 last year.

they tried to stop the incident from taking place.

Winston W. Burgess, 31, of Turkey Hill, St. George's is charged with unlawfully killing Ming and intentionally causing him grievous bodily harm on September 10 last year.

Lyn Somner, who was celebrating her birthday at the bar on the night of the incident, told the Supreme Court yesterday that a few of her friends including Ming were sitting around the bar.

"Oopie had had a few drinks and he was feeling nice. Burgess was talking to me and spilled his drink on my leg, I told him to watch out and I went to the bathroom.

"When I came out, Oopie and Burgess were arguing -- they said they would mess each other up and they agreed to go outside. I went to Oopie, he was taking his earrings off, and I told him not to fight. I tried to hold him back but he just went.

"They went to the bottom of the steps and started to fight. Oopie was on top of Burgess hitting him with his fist on his head.'' Somner added that they kept fighting and she tried to tell Ming to stop.

"That's when Burgess grabbed Oopie in a head lock and their backs were to me.

Burgess said `who is wining now'. I saw Burgess moving his right hand forward and then I found out that Oopie had been stabbed. I ran up the steps to the bar and told other people what was happening.

"When I went back to the steps I saw Oopie lying down, there was blood on the walls and on his shirt. His legs were underneath him like he had fallen on his knees and his head was against the wall. He was gasping for air.'' Somner also told the court that earlier she had heard Ming ask Burgess if he wanted a piece of him and then he kicked him in the face.

When asked by Burgess' lawyer Mr. Delroy Duncan if she thought both Ming and Burgess were in jeopardy Somner said yes and she added that she had asked others to stop the fight or "they will kill each other''.

Paul Muhammad, who was also at the bar, said he noticed Burgess and Ming arguing. "I heard Oopie say let's take it outside. Burgess finished his drink and Oopie took his earrings off. They went out the door and Oopie stood half way down the steps.

"Burgess went out the entrance to the bar and came back in and Oopie said `oh you have a knife' and then he kicked Burgess in the face, jumped on him and started pounding.'' Muhammad said that he got closer and told Burgess to drop the knife but Burgess said `drop the knife, I'll kill him'. "I saw Oopie leaning up against the wall, and then he tried to grab the accused but he collapsed.'' When asked by Mr. Duncan if he saw a woman when the two were fighting Muhammad said he did not.

Prosecution witness Kent Trott on Wednesday said Ming had had a few drinks while in the Canterbury's Bar and Grill on Water Street on the night of September 10, 1994.

"An argument started between Ming and Burgess and they called each other names. The argument between Ming and Burgess got so heated that I told them to shut up.

"I heard Burgess say to Ming let's take it outside, Burgess agreed and Ming slapped his earrings on the counter and went out. I didn't go to see what happened and I did not hear the manager Mitchell Zuill ask Burgess to leave.

The trial continues today before Puisne Judge the Hon. Mrs. Justice Wade.

Attorney General Mr. Elliott Mottley and senior Crown Counsel Mr. Brian Calhoun appear for the Crown and Mr. Duncan and Mr. Juan Wolffe appear for the defence.