The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-02-23
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Yesterday evening the case oi The
state Of Texas W, Hattie Washburn
alias Bates, charged win shooting
Jack Duncan, came up Tor TRIAL before
Justice Mel4ure, Robert Cowarl, hsqu
appearing Tor the state, aud Colonel W.
| H. Crawford for the defenae' william
l2els was called 10 the stand, aud leH'l'
lied that on the night ol the shooting
he was Ia company with Jack Duncan,
went 10 tho house NJ illfame on The
corner of Commerce aud Eryay plreelH,
Kept by MOllie CrOaa, They had not
been there long before he AMI Duncan
and u gin named Mabel went into de-
fendanps rO0m Duncan pulled OIL lila
OyerGOat aud pistol, throwing The lat
tor ON the bed, nj the sans TINE lying
down. Duncan told him that he
could 40 home, that lac be'
lIeyed that no would stay there
all night, aud offered him Ills pistol 10
take with him, which he declined, say
Ing that lao would leave Ia u few mln'
ulea bul that he did not want any
pistol. llp was alllinP down by lhe
stove IN tho room warming, while
Duncan aud tho woman we're holding
u whispered conversation, Presently
Duncan arose, saying he wan going
home, put on his coat aud walked NJ
10 tho bureau, when ho saw the woman
run her hand under the pillow, take
Ort the pistol, aud pointing NJ Duncan
lpd. Ia tho confusion that enaued
he WA sent after u physician,
M0llle Cross, being sworn, tesll-
He'd that aho had retired 10 bed
whm, hearing the shot, she ruahN
vi into The room, accompanied
| by woman named Valley,
| When she entered Duncan said,
"MOlle, sho has shot me-" when the
defendant said, "Jack, told you |
would kin you, aud l have done II, I"
which words she repeated several
times. Duncan answered, "fes, Hat
Ito, you have killed mo-" Presently
no turned 10 the defendant, and, smll'
Ing, mid, A" llattle, ! Ann not hurt 7"
Duncan gave her the pistol, which she
put away, The defendant chung TO
duncan, crying, and had 10 be taken
away. When Duncan left he said he
was not much hurt, and would walk to
Dr. Aliens residence.
W, 4. Duncan cousin Of the sound'
cd man, waa introduced, aud testified
that no saw defendant the night OF the
shooting nj Dnncnn'H ;nlher's, when
she told him duncan was shot, and
that abe Ind shot him. lie said
to her, +" suppose u was mn
accident" when sho said, mo; tried
to kin him. lie brought II all on
himself" She was crying ut the time.
They walked together 10 Dr. Aliens
residence where Duncan was. She
cried aud took on over him the whole
time the doctor was examining the
wound. The next evening he swore
out u warrant for the defendants ar.
rest
Jack Duncan, the wounded man,
then took the stand, giving Ia sub
stance the following testimony: |
went to Mollle Cross with Billie Eels
and n man named Rookstein. After
sitting In the parlor short while,
Rookstein left. The defendant WAS
In the parl0r and wanted him to go to
her room with her, ut first he refused,
hut finally consented, when he and her
and the girl Mabel, togeter with Eels,
went In together. lie took OF his pistol
n largest size Gotta, and threw II on the
he'd. Defendant asked him to have q
drink, producing quart bottle OF
whisky from the bureau drawer. They
all drank. Defendant wanted to know
II he wasn't going to stay all night
He said no, not and leave Billy Eels
hut II Eels would go home he woulC
stay. Offered Eels his pistol to take
home with him, which he refused
The defendant handed IL to him from
the bed but he declined IT, 1t was
never under any pillow, rs stated by
FEELS. He and defendant were lyinl
across the bed, holding low CONVEX
sation about some private matters
when he got up and went to the
lamp, setting on the bureau, Il
light his cigar Was in the act OF
doing so when he was shot. Turned
and saw defendant. sitting ON the side
of the bed with the pistol in her right
hand, while she held the belt and hol
ster in her left. He said, "Hatlie, you
have shot me-" when she replied
"lou are not hit?" He pulled open
his vest and shirt, when the blood
spirited out from the wound. She
said, Jack, il | have killed you
will kill myself" He forced a laugh
saying, al am not much hurt Did II
In order to get the pistol from her to
prevent her carrying out the threat.
He wrenched II from her hands. Mol.
lie Cross ran in and started Eels after
DR.. Allen. Defendant clung to him,
screaming, and had to be held, SO
he could get out OF the house.
Never heard her say "Jack, | tol,.