The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-03-18
R. +. COwART, RELATOR, VS.. THE
STATE

Proceedings in the Hearing on the Writ oil
Habeas Corpus Before Judge Aidredge,
aud MIR. Cowart Admitted to Ball In the
sum of $500
Mr.. II. T.. Cowart having been indicted
by the grand jury for murder in TIE first
degree for killing Judge ]. NJ. Thurmond,
and having been taken into custody, sued
out writ of habees 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 little more time in
which to get ready n postponement was
had for two hours, until
ELEVEN O'CLOCK,
when the case was again taken up and
both sides announced ready. The relator
was represented by Messers Crawford e.
Smith, Messrs Wright IL Wright, Colonel
Z. q. Bower and Mr.. Sawnie Robertson,
and the state by County Attorney Seay,
and Messrs Barksdale & Williams and
Stemmons & Field.
Colonel w. l.. Crawford for relator read
the application for the writ of habeas cor.
pus, the order ofthe court granting il and
the return OF the sheriff made upon the.writ
nesses, VIII. G. Kearley, ID. NJ. Payne, John
W. Bowen, Sam Scott, w. IL. Thacker, II.
Cohn, l.. 5. Tomas, j. A. Sphar, Mrs
Haas, l.. u. Warield AND Carrie Scogin.
The first witness put on the stand was
MAJOR J. c NEARBY.
This gentleman testified before the Jury
al the coroner's inquest, and his evidence
was published by the HERALD from the OIL.
oial records OF said inquest verbatim, and
as his direct testimony was virtually the
same in verb.age and exactly the same in
purport, 1t is omitted, but what he said on
CRoSs-ENNNlNATioN
Is given as follows: / have understood for
the last year and Il half that the deceased
and -deieendan. were on uniriendly
terms; regarded both of them
as my friends; have never
been rs intimate with Cowart as | have
been with Thurmond; have heard both
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 denouncc Thur
mond's conduct as mayor as corrupt
don't think ever heard Cowart speak as
10 his private or his social relations |
have heard Cowart talk about him
as mayor and Judge the morning
the killing occurred was standing
IN county court room, when Thurmond
came to me and said: "What are you pitch.
ing into Tillman iorp' said had not
done any such thing; he then drew out
the Blade, and read mo the article; he
also read another article, IN which some
thing was said about putting interrogatories
10 Cowai; about the charges preferred
against him in the Price fuss; he asked me
what | thought OF IL, and | told him that
he ought not TO do Il; he replied; "Me 2
How do you know / wrote thisgn replied:
can see your photograph all through the
piece" he then went away; this was
pretty much what attracted my at.
,entton 10 the two men when they came
out OF the side room; when Thurmond
spoke TO Cowart about his having spoken
shotguns,, Cowart did not deny IT; Cow.
mt appeared angry; when caught hold Of
lhutmond he made no effort 10 pass me; |
aw the pistol In Thurmond's hand rs lac
was falling; after Thurmond, looking over
my shoulder said, DRAW her, damn you,
am ready for YOU" heard the clicking Of
enistol or pistols, have heard Thurmond,
curing the race for his reelection for mayor,
yyehouncc Cowart rs q coward aud hire.
ing; the railing around the bar Is three to
,nfce and half feet high; the parties were
cred, WIS
The next wtsess,
COLONEL %. ". PAYNE
having also testified before the coroner,
, only his
DISCRIMINATION
sgiyen. lie said judge Thurmond
ann myself came TO the court room 10.
1s,her we each had case, and we were
discussing who should bring up his case
aNi Thurmond's business In the court
NON was TO attend case. didn't know
which door OF the courtroom Cowart came
~. Vowart called TO Thurmond. and they
sentinto the room: somebody came into the
Wun-foom with Cowart, but I do not
sTlivw now who Il was; when Cowart and
.ahufmgnd went In the side room heard a
,'veei they didn't stay In there but short
,ei wouldn't say II was a minute; aftcr
TTey came out the first word heard from
rnufmond was: "lou won't do IT," and
.Owsrt answered. IL will" Thurmond re.
ts,ed, You haven't got the nerve" and
svsNt replied, "you Will see,n the talking
~ Kept up I'll the shot was fired; when
tssy came out Thurmond had his cane IN
right hand; he had hold Of the end Of
sha az he started around he changed II
ns sa NE right to the len and grasped Il
.sunc middle. they were twelve feet
@I1n when Thurxx.nx.t -. .hrs H.. -