The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-03-23

| did not hear him say how
he got hurt II must have been about two
hours AMER no was hurt heard him say how
no WIS hurt
by the defonsoi Did not the deceased say
| II Lyle had not struck him rs soon rs he did,
he would have cut him IN two,
Tho prosecution objected and the court
sustained the objection, TO which the defense
accepted,
Mr. Lyle tosti0edi sawmy brother first
after no was struck by my husband ut his own
houses l suppose half an hour
had elapsed since tho difficulty
he did not make any statement TO mo rs 10
how u occurred
BY no doionsei VIVA. did no say 70 you
l'risoouuon objected, which was tust tlned,
10 shich ruling Of the court tho dctease nc
cepted Witness eonlnuing-l took pan
Of water and washed his hands when no lold
me how II occurreli my husband asked him
tnat morning 10 come In aud drink u cup OF
coffee declined, saying he had been 10 break
fast they were perfectly friendly.
by tho prosecution Mr., Lyle
told mo about my brother
being hurt AMI | went straight TO my broth
ors house,
Il, j. Rainey introduced by the prosocu'
ton; | nm brother Of deceased, and WAS
present at tho difficulty; when Lyle came
deceased, Mr. Meals aud ! were hllSngi Lyle
asked deceased II he was going TO grind, and
he said yes Lyle objected TO his grinding
for Meals saying that Meals had been talk ng
about tho gin, and that II tho deceased was
going To act that way he would
not have anything moro 10 do with him, the
deceased Nealod denied that he had talked
against the gin and mill; Lyle took an ax
aud said that he would cut the mill down and
started us though TO do 1t; deceased said
don't strike that MILL II you do will hurt
you Lyle struck tho mill and then struck
the deceased who fell forward TO tho
floor; Lyle and | then had u souille over
the ax aud l got 1t; Lyle knelt down
before deceased and asked his forgiveness
he was struck on the I'd of March and died
on the 10th; understood my brother owned
the engine and Lyle the rest they were part
ners.
BY the defense; My brother was there
wards; Lyle asked deceased If he
was. going TO grind with tho smoke,
stack cracked as IL was, and he said
yes Lyle replycd that If they got burned
out that deceased would have 10 DO response
BILE; the deceased called Lyle to him aud told
him that he had postal for him; suppose
Lyle had been there half an hour before
deceased called Lyle to give him the postal
card; Lyle said TO the deceased, '1ll kill
you, God damn you," at the same time strik-
ing the mill, and he then struck the deceased;
Mt the time Lyle struck the mill the
deceased held up his right
hand; deceased had knife that morning
working about the engiue II was a tolerable
large knife; deceased owned pistol did
not make practice of carrying it; when
Lyle dropped the AK, he pickle 1t up and
might have hurt him, when Lyle caught it
and we scutlled for the possession Of IL;
heard Lyle say 10 deceased when he went to
the branch that no would not have
struck him for anything in the
world but that he thought that he
was going to cut or shoot him, and that he
thought so because he had his hand in his
pocket; the deceased said that he was not
afraid Of him; Lyle said: mo, John,
don't believe you are afraid of any man.
Lyle asked deceased's forgiveness, when de-
ceased said "We will talk about that here
after"
By prosecution: My brother did not have
his pistol that morning; he never carried il
around the mill; | suppose Lyle was su-
perior in strength TO the deceased, who
weighed 14S pounds, while Lyle weighs
about $50 pounds. Here the prosecution
rested.
The court fixed the bail at So, 900, and in.
structed the Sheriff TO enter an order re-
msnding the prisoner to the custody of the
Sheriff.
Court adjourned at II o'clock last night to
meet again this morning at eight o'clock.