The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-31
LIFE IN TEXAS ILLUSTRATED
THE SHOOTING or PRIV1 TIE MCAFFREY
ny CdPTAIN LINCOLN

How tho Fatal shot Came 10 be Fired-A
Texas Murder Trial-Whnt Captain Lin
coin Told Captain Irving" Not Guilty"
ALBANY, Texas, May l7-Tho trial OF s.
H. Lincoln for tho murder Of Charles McCaffrey
at Fort Grimm on the ooh OF April last was con-
cluded this evening Murder trials hero have
not ost their interest on account OF their fro
auency. MS might be- supposed. This one at
tractcd unusual interest on account OF tho posi-
ton Of tho person accused ns an officer in tho
u. 4. army, and his deserved popularity in
the county acquired during two years resi-
denco at Griffin rs commandant OF the post.
Lincoln s a Captain In the Tenth Infantry.
Charles Mccartney. tho deceased. was a private
In the Twenty second Infantry. On the even
ing OF the 10Th Of April. between 8 and o'clock.
McCaffrcy came down from the post into the
Village drunk and noisy. and. accordinRt to some
accounts. duarresome and disposed to create a
disturbance. He went To Conrad's store with
out any other purpose, 1t Is supposed. than to
cut up the usual disagreeable antics OF drunken
mon. At tho door he met several persons to
whom he announced the fact that no belonged
TO Company A. Twenty second Infantry. and
wanted TO know II they did. Being satisfied on
that point. he entered the store and passed to
the back part Of It, terrifying on his way tho
clork and two women customers. Capt. Lin
coin. Mr.. Conrad. and several other persons
wore sitting n the back part Of the store. Lin
coin. noticing the condition Of Mccartney. or
dorcd him to his quarters which order nc man.
ifested no disposition TO obey. Then Lincoln
took McCafrcy by the arm to enforce his order,
the latter rcmarking as no was led TO- tho front
door of the store: Captain, you will be sorry
for THE" At tho door Lincoln pointed up to
the post situated on an abrupt elevation about
two hundred and fifty yards distant and said:
There is your place; GO"
the store about five feet WIDE and in stepping
from y to the street. they stumbled and fen;
Tho soldier struck Lincoln. who drew his pistol
and ilrcd instantly; exclaming. as he did So
Damn you; would you strike me p The ball
took cs, n ~, tne neck 81 'gS mgn juS, oynlhd
brr. produced wound from which he died
within twcnty-four hours;
ncsses. declared that Charles MrCHffrey came
to his death by a n pistol shot wound; that the
that the killing was iclonious.
The Grand Jury OF Shackleford County found
n true bill against Capt. Lincoln. containing
the usual counts for murder in tho first and
second degree. and for manslaughcr. and Lin
coin was formally arrlgned on Friday, May IT,
1879. In the District Court. Judge j. IL. flem-
ming. presiding.
Albany. the county town Of shackleford and
the scene of this trial. Is frontier town. some
thing over two years old. containing two dozen
houses some shantics. and about hundred
built around the four sides OF a largo square. In
tho centre OF which is the structure which
serves Ms court house. Tho mesquite brush
has not yet cen grubbed out OF the square, and
stock ind iolornhle grazing ground around tho
Court House. Tho nhabiunts of the surround:
ing country are engaged in tho business OF
raising cattle or growing wool. Some have
opened up farms with a success well nttested by
tho thriving condition OF the growing crops
They arc. with few exceptions. "A law-nbiding
and peace loving people: bur. from the nature
OF Their Isolated situation on the frontier, where
little law and less equity could until recently.
be administered they naturally do not have the
most profound respect Tor legal forms: The
held il OF the picket or stake variety OF archi;
lecture. neither ceiled nor piastered. and. until
recently not weathcrboardcd.
On the morning on which the trial WAS begun.
the crowd without the bar from whom the jury
was to be drawn. was composed OF men OF tho
true frontier stamp. Some OF them had wealth
erod the storm through years Of Indian wars
and nearly all OF them were more familiar with
the use OF tho rifle and revolver than with
Judge Femmng who possesses NOT only the
legal learning necessary to ndorn the bench
form raised a little above the floor. In front Of
him. around n table, tho counsel Tor the Stato
and the defence, with the miscellaneous crowd
OF lawyers and hansers-on about the court.
were seated Tho Sheriff and half dozen dep.
uiies st Cd around, wearing their revolyers and
bowie knives on belts which were filled with
perfect magazines OF metallic cartridges. "
ready to execute summary justice should the
court so order IT,
blr Moore The District Attorney, and Mr.;
tho Snte. ana Col. Mccall. a mighty counsellor
In these parts. and lntey an applicant for the
Northern District Of Texas. aupounred himself
as counsel for the defence. VI Call had asso-
ciatcd with him Capt. Nealo Of breckenridge.
Tho work OF impanelling a jury occupied only
about an hour and half
Mr. P0silc who WAS standing outside the
store when McCGiircy made his appearance.
and Mr.. Conrad. who was inside with Lincoln,
told the story Of the killing substantially as |
have related II above, and We're corrohorated by
others. Their examination elected the
additional facts that McGffrcy. when led out Of
tho store, had his hand inside the breast Of his
soldier blouse, from which the defence wanted
10 infer thnt Lincoln had reason TO believe the
man was armed: and that Lincoln. Immediately
after the killing, started up 10 the post 10 get q
surgeon mud n strctcher.
Capt Irving OF tho Twenty-second Regiment.
TO whose company McCaiirey belonged. testi-
fled that on the morning Of April 20 lac had mr.
rived at Fort Griffin with his company 10 take
charge Of the post that although the command
considered himself in command by virtue Of
o'cl0c M n oa ,n ~ @ % n az
TO his quarters nj the post and told him that he
had shot one Of the soldiers down in the village,
and that he (Liucolnl had always had his mind
made up 10 shoot any soldier who struck him.
DR.. Powell, an army surgeon. then TESTIFIED as
the direction OF Capt. Lincoln lie went down t.
the village from the post win streteher and
MAJ s Sb1 n a 1b9G cs G6 a nr
death. llara tho prosecution rested
The dolenco recalled nearly all tho Witnesses
did not change or affect the weight Of their
testimony In any material respect. They then
offered t. prove that McCaifrcy, on the cven nl
in question was drunk and bel.iGerent. had
threat ned 20 clean out the fat. had entered
private houses and insulted divers persons
but the Court ruled out all TINT Ms Irrelevant
This ruling WIS excepted to by tho defence
Capt. Llnroln's character rs q peaceabe. law
abiding person was then proved by Tho unim
penrhaL,e testimony Of some Of tho best anC
oldest ct.z 'ns Of tho county; and the defence
closed tner cAso.
Tho cInrgc II tho Court although not favor
able a. the prisoner. WAS fair and Just and in
diratod "a careful consideration o. the law ant
tie facts Of tho case.
The Jury. after being out about eight hours
hnnird In verdict OF not guilty IL was witt
din 'uii} hat ;he Court could restrain the an
pluuSo ~ tle crowd when tho verdict was an
nounecl. Lincoln WIS embraced by his specia
friand. Mr.. Conrad. who had spent tho previou,
plght IN Jail with him. and was congratulated
BY many others.
Losing Her Life for Her child.
FoH hs 81. PaR Pioa.,.Pfe,,.