The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-04-09
Tns neIIIabeas Corpu. Cnsa

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Bell, held as m accomplish In tho murder Of
his father by W j, Hawkins, on Duck
creek, hearing was resumed yesterday in tho
habos corpus application
Mr. w, N, Alexander, being sworn, tosll
fed that ho WIS acquainted with W'J' linw'
kina Baxter NJ, Boil and Rufus Bells be- wis
al hIs place Of business, on Duck creek,
when Baxter Bell WIS killed Five or ten
minutes before the killing Hawkins and l'u'
fis Boil came into his aOro' llawklts
asked him II ho had over heard Baxter Bel
speak Of his father or about his tithor'in-luw,
Chandler rehenrslng, at tho same tmr that
his hthor-in'law WI, acousod ofhwing kept
amaison de JoIe, nj Springfield, Missouri, and
that 20 QlawkIns) hnd married bis wife
while she was M Inmate Of the house, Tho
witness answered TINT report 10 TINT effect
was currents that h0 did not know who origi
mated II aud nj omptcd 10 pur'ualo Hawkins
not 10 go after Bell about IT, Hawkins said
ho was going n have themOttor sllaighlcnrdi
was going over 10 Bell for that purpose, ana
wanted him 10 accompany him over 10 the
pin-hnu,G Witness declined nj fret ~ 40 m,
but finally concluded TINT he would follow
Hawkins near the gin house Hawkins met
Sawyer, tho reputod originator Of the re-
port, and asked him about II; Sawyer quail
He'd the SANDER by saying that tho Chandler
Of whom he had spoken wus named Daniel
Chandler, md not j. l., Chandler, his father
lnlaw while they were talking old man
Bell came up. and, nterpoating, said To
llawlSins that the report TINT he had repent
Cd about Hawkins family was what Sawyer
had told himi passing from the sanderous
reports To his (Boll's) divorced vito living ut
Hawkins tho llo WIS passed; n long war Of
words onsued, during which tho witness RI
cd TO leave, believing that nothing
serious would result young Bell WIS
standing about ton feet back Of Hawkins,
who, about this time, levcled his pistol A. old
man Bell and common ed firing; between
tho second and third shots old man Bell 10.
treated ~ the door Of the ginhouse, where
he got bar of iron Bell advanced towards
Hawkins one or two steps, when Hawkins
fired the third and last shot; after the lie
passed, hawkins dropped the controversy
about the slanderou' report, and directed ull
his remarks TO old man Bell the controversy
about Mrs. Hawkins and her father was pre-
vious ~ the controversy abou II Bells divorced
wife, and Immediately preceded the shoot
ing, Tho controversy wM personal between
Hawkins and Bell, md grew out Of the lie
that had pass, d between them. After the
shooting Rufus Bell left with Hawkins and
rode of in his (IawkinsO buggy. Witness
was with Justice Nash when Rufus Bell was
arrested, Bell had been to Richardson md
was returning to Hawkins house, When
asked If no was armed, Bell shook his hen d
and said something to the purport that be
did not have pocket-knle. Jlstico Nash
subsequently, got u plst from the prisoner.
Witness did not notice the pistol Of Hawk
ms particularly. II WAS II nickel plated
medium size pistol, not 50 lrrge rs the navy.
The pistol taken from young Bell was about
the same siao Of and in appearance like that
fired by Hawkins,
Mr.. Philpot being sworn, testified
he knew the defendant and was present when
Bell wns arrested by Squire Nash lie
rode from Richardson with Bell,
who was taking Hawkins horse
TO Dallas; when Nash asked Bell if he was
armed he replied nos Nash searched him
about the waist and breast, and upon failing
to find any arms said, "you know you have u
pistol, give 1t up ut oncc;' Bell commenced
Immediately so down to bis, boot leg, out
| o. which Nash took medium-sizcd nickle-
plated pistol; this WAS after the shooting ut
the clubhouse, after Hawkins and Bell were
nj Richardson and while Bell was returning
from Richardson's; witness was not Mt the
shooting do not know il old man Bell had
maltreltcd his son, Rufus Bell; there was bad
blood between the sou aud Gather; Rufus Bell,
some considerable time before the sho citing,
told witness that his father had cheated hun
out of two or three years labor, and that if
no saw II man shoot him he would not inter
iere; the general reputation OF Rufus Bell ID
very good.
Mr.. Dix, being sworn, testified that he was
n gunsmith by trade had worked Mt the
trade all his lite-sixty- years. He new
or saw seven-shootcr thirty-two calibre;
has frequently seen seyen-ahooter twenty
two calibre.
MIR. Falthy, being sworn, testified that he
was n gunsmith; had worked n. the trade five
or six years He never saw a seven.shooter
thirty-two calibre; all the seven-shooters he
ever saw were twenty-five calibre, which is
the smallest bore made.
The State aud the defense having closed
Colonel Willard opened the argument for
the defense, pending which the court ad
iourned until $50 this morning.