The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-03-23
HABEAS CORPUS,
THE WRIT APPLIED FOR ny BoBLflE
-
Testimony IN the Case wherein III"
Killed His RrOther.in'Lnw, John
Raincy- Bond :Fixod, which
He Fails 10 Give,


The h0boas corpus case Of Robert u
Lyle, indicted for tho killing OF John
Raincy, his brothOrin,law, who died on The
18th Of March, was tried before his Honor
Judge George ~ Aldridgc of this district,
yesterday. 1t viii be remembered that on
the third Of March u difficulty occurred be-
tween the parties, which resulted in the
defendant striking John Ralney in the hcOd
with an axe, from the effects of which liOney
died on tho fifteenth Of the month, Upon
the death Of the deceased the defendant sur
rendered himself TO tho authorities and wal
subsequently indicted by III,
Grand Jury. Tho case was rep
resented by Judge Bnrksdalc and Mestrs
Hurt d Williams for the defense, md Colo
mel Benner and the County Attorney for the
prosecution. Counsel having ammo uuced
ready, the witnesses were sworn,
The first witness put upon the stand was
Mr. Woods, who testified that he knew tho
defendant and the deceased no was not pres
ent nj the cutting; was fifty yards nom tho
scene witness saw a subsequent scuille be-
tween tho two parties for the possession OF
an ax; Buck Shade, n brothor.in.law Of both
parties, took the AK from defendant
witness during the scuale reached the
scene and caught hold Of the AK and kept
hold of it until defendant sur
rendered IL TO Sador; defendant after the
cutting went up to where deceased was lying,
and kneeling by him, said ~ would not haye
struck you, had | not thought that you
would have shot me-" when witness first
saw deceased, ne was lying on the ground
wipng blood oat Of his eyes when defend
mt spoke to him, deceased was lying on the
ground resting on his elbow; deceased was
removed TO creek near by to wash the blood
from his face; defendant assisted him to the
branch; saw defendant with pistol some
days before; tho weapon dropped from his
pocket and saw him pick it up and put in his
pocket; do not know the general reputa-
ton of the deceased in tho neighborhood for
carrying arms; witness knew decease
to be brave man. defendant
knew thhe deceased intimately; they were
partners in the ginning business and were
brothers-in.law; did not hear deceased say
anything about the difficulty after he was re-
moved home.
Thomas States, after being sworn, said
Known deceased and defendant; was on the
scene of difficulty after it occurred; got there
before the doctor; deceased was bleeding from
his wounds when witness arrived; he had been
removed to his home before witness reached
the house; cutting took place about half an
hour before; some hour or more, probably
an hour and half afterwards, deceased stated
had not defendant struck with the AK when
| he did, he would have cut him in two.
Tom Slaton testified: 1t must have been
an hour or an hour and half from time he
was struck to time he made the statement tC
me which was voluntarily.
Buck Slade testified / am kin to Mr.
| Lyle and Rainey brother-in-law to both; was
not present at difficulty; got there fifteen min
TITS afterwards; saw Mr. Lyle and young
10 ney scuilling over tho AK; John Raney
was wiping the blood from his eyes
Lyle got down on his knees and put his
hands ON Raineys knee, asking Rainey to for
give him, ETC.; "John, wouldn't have done
it for the world, but was afraid you was
going to shoot me-" Raney said, "Iam no,
afraid of YOU" Lyle said, ~ know you
amt but want you 10 forgive me;" they
both went home; he was perhaps ten min
utes in gelring home; he went to the
branch first and washed his face whenI got
there Lyle and young Rainey we're scufliine
over the AK; from the time | started to the
scene up to the time l saw Rainey lying on
the bed was about twenty minutes; / got
there maybe half an hour before Tom Sla.
ter; Isuppose got there about an houi
before the physicians; Slater got there be.
fore them; did not hear John Rainey SAY
anything about Lyle striking him; / hearj
him say to Lyle at the branch, "Bob, am
not afraid Of you and don't ask you any
difference; did not hear the deceased say tc
Lyle what he would have done if he had not
struck him; Lyle said that the deceased CAME
into the mill and stood close to him, with his
hands in his pockets; Mr.. Woods was pres
ent when Lyle said that he struck him be-
cause he was afaaid he was going to shoot
him, and that the deceased had his hand in
his pocket; Idon't remember that Lyle said
deceased put his hand in his pocket
By the prosecution-Lyle said he came in
with his hand in his pc, ket; deceased told
Lyle that if he struck that mill he would
hurt him.
Mr.. Woods, recalled by the State-I did
not hear a conversation between Lyle and
Slade Lyle told Rainey he did not want him
to grind in the condition the smoke-stack was
in, and especially for Neal, who had beer
talking about the gin; Lyle said he
would burn the mill first
and took the ak and struck the hopper
Rainey told him if he struck it again he
would hurt him badly don't know whether
he said deceased put his hand in his pocket,
or had his hand in his pocket; Rsiney was
not present at this conversation.
By the defense.--I saw Rainey at the mil
after he was struck and heard Lyle say he
would not have struck him but that he was
afraid he would shoot.
Mr.. Brown testified: I live on Lvle's
! place; | was not present at the difficulty
Lyle said that he told me that morning that
he was going down TO the mill to caution de.
ceased about the smoke-stack, but | never
heard him; he did not say where he was
going Mr.. Lyle had owned the gin ever
Since | have known him; the wind was blow.
ing the smoke over the Clubhouse; there
was crack in the smoke-stack
By the prosecution: | understood that the
mill Lyle struck was partnership property
did not say anything 10 Mr.. Lyle about
not going to the mill; h said that deceased
was going to grind that day snd it would
take that much off Of Satur5a y's work and
that deceased intended 10 get the toll him.
self; Lyle told me about ten DAYS alter.
wards that he had remarked 10 me that
he was going to the mill but don't remem.
berit.
Rv the defense. He told me that he did not