The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-03-23
II. Il. CowART. RELATOR, VS.. THE
STATE
Proceedings In the Hearing on the Writ OF
Habeas Corpus Before Judge Aldredge,
and Mr.. Cowart Admitted to Bail In the
sum of $500.

Habeas Corpus Before Judge Aldredge,
and Mr. Cowart Admitted to Ball In the
sum of $500.
Mr.. r. Il. Cowart having been indicted
by the grand jury for murder in tie first
degree for killing Judge j. NJ. Thurmond,
and having been taken into custody, sued
out a writ of habeas corpus, which was set
for hearing at o'clock yesterday morn
ing. At the appointed time the sheriff had
Mr.. Cowart before the court, and the rep
resentatives of the state were on hand, but
to allow the parties q little more time III
which to get ready q postponement was
had for two hours, until
ELEVEN O'CLOCK,
when the clse was again taken up, and
both sides announced ready. The relator
twas represented by Messers Crawford 81
Smith, Messrs Wright IL Wright, Colonel
Il. G. Bower and Mr.. Sawnie Robertson,
and the state by County. Attorney Seay,
and Messrs Barksdale IL Williams and
Stemmons & Field.
Colonel w. l.. Crawford for relator read
the application for the writ of habeas cor.
pus, the order of the court granting 1t and
the return OF the sheriff made upon the.writ.
Both sides then gave the names of their wit
nosses, VIII. G. Kearley D. NJ. Payne, John
w. Bowen, Sam Scott, W. IL. Thacker, ID.
Cohn, J.. S. Tomas, J. A. sphar, Mrs.
Haas. l., b. Warfield and Carrie Scogin.
The first witness put on the stand was
MAJOR j. KEARBY.
This gentleman testified before the jury
at the coroner's inquest and his evidence
was published by the HERALD from the Off:
cial records of said inquest verbatim, and
as his direct testimony was virtually the
same in verbiage and exactly the same III
purport, 1t is omitted, but what be said on
is given as follows: L have understood for
the last year and a half that the deceased
and defendant were on untriendly
terms; | regarded both of them
as my friends; l have never
been as intimate with Cowart as l have
of them talk bitterly on the stump about
each other; / don't know that could give
the exact language of defendant, but have
heard him on the stump denounce Thur
mond's conduct as mayor as corrupt l
don't think l ever heard Cowart speak as
to his private or his social relations; L
have heard Cowart talk about him
the killing occurred was standing
in county court room, when Thurmond
came to me and said: "What are you pitch
ing into Tillman for?' | said l had not
done any such thing; he then drew out
the Blade, and read me the article; he
also read another article, in which some
thing was said about putting interrogatorless
against him in the Price fuss; he asked me
what thought of it, and l told him that
he ought not to do it, ne replied Me
How do you know | wrote this?'' replied:
II can see your photograph all through the
piece" he then went away, this was
pretty much what attracted my at
tention to the two men when they came
@lo eli Thnrmnpn
spoke to Cowart about his having spoken
"shot. guns" Cowart did not deny 1t; Cow
art appeared angry; when | caught hold OF
Thurmond he made no effort to pass me; L
saw the pistol in Thurmond's hand as he
was falling; after Thurmond, looking over
nay shoulder said, Draw her, damn you,
am ready for you" | heard the clicking Of
a pistol or pistols; have heard Thurmond,
during the race for his reelection for mayor,
denounce Cowart as a coward and hire
ling: the railing around the bar is three to
three and half feet high; the parties were
about fifteen feet apart when the shot was
fired.
The next witness,
COLONEL D. NJ. PAYNE,
having also testified before the coroner,
only his
CRoss.ExAMINATIoN
is given. He said: Judge Thurmond
and myself came to the court room to-
gether we each had case, and we were
discussing who should bring up his case
first Thurmond's business in the court
room was to attend a case; l didn't know
which door of the courtroom Cowart came
in; Cowart called to Thurmond, and they
went into the room; somebody came into the
court room with Cowart, but | do not
know now who 1t was; when Cowart and
Thurmond went in the side room heard a
voice. they didn'tstay in there but short
time wouldn't say 1t was minutei after
they came out the ilrst WORD heard from
Thurmond was: "You won't do il, and
Cowart answered, 81 will" Thurmond re:
peated, lyon haven't got. the nerve, and
Cowart replied, "you will see;" the talking
was kept up till the shot was fired; when
they came out Thurmond had his cane IN
his right hand; lie had hold OF the end OF
it. and as he started around he changed u
from the right 10 the left and grasped 1t
near the middle: they were twelve feet
apart when Thurmond was shot ! just as
Thurmond passed around the rail towards
the entrance to the bar, he put his hand
around to his side; Thurmond was at
least two feet back, when shot, from
the place where Kearby stopped him
the first time l saw the plstoI IN
Thurmond's hand was about the. time !
heard Cowart's pistol click; Cowart had his
feet on the table at the time Thurmond
said, DRAW it," and took them of and rose
with his hand behind him; Cowart took
about two stops around the corner Of the
table from where be was sitting TO the place
where he fired.
coroner's Jury, and his direct evidence be.
ing virtually and substantially the same,
only his cross-examinatfon is given. This
witness was
Mr.. john W. BOWEN.
who said: was sitting down reading q
newspaper when saw the defendant and
deceased go into the side room they
came out in a short time, when Thurmond
said, "You have slandered me and my
family" Cowart replied, 81 have not
Eiaudered yourfamily;h ThurmOnd started
around the railing towards the entrance
into the bar at n fast gait; he threw his
hand behind him; Kearby walked up 70
here" Thumond said:h Draw, Il or
"Iet him draw it;n Cowart then COM
menced 70 take bis feet of the table and
threw his hand behind him and got up; i
looked At Thurnond, and be was drawing
his pistol: COwart stepped around the Ia
bic; Thurmond had his pistol m hand
slightly lowered; I heard ThurmOnd say
Now Is as good a time hs any 20 settle u;
COwarf when sitting had his feet on the
table and hls hands clasped behind his
head; was sitting in the gateway and
moved ~ Thurm0nd came in; as be came
through the gate and threw his hand be
hind him, COwnrt was stll sitting with
his feet on -tbe table; ne kearby
approached him be made a motion a. II -
shove kearby % one side. kearby did not
stand aside, and 1hurmoDd stepped back
Thurmond had Just pulled his pistol Out
sSd got Il In front Of him when be was
slot, Kearby jumped cut q the way ana
paAssd between ThnrmOnd and NE / sag
looked white and mad. be spoke IN an
anrry tone. Cgrnrt had taken h. feet on
TIE liable before Ihurmond SAID Draw.
ia you / am ready fof you" Cgrart
commenced % drnw his pistol uhen Thur
rnund said his.
tfs~ vrurlf - ard . recess u Ter minutes