The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-03-16
THE DEADLY PISTOL.
Judge Thmmond shot and Killed by
Robert y. CoWart, Esq.
The Testimony rs Detailed Before the
CorOncr's Jury.
Bond of The Accused Fixed at 5000.

past i O'Clock, q terrible JThBcuy was cl-
acted in our city. The parties to the de-
plorable affair were Mr.. Robert Il. Cowart,
prominent and popular young lawyer at
this bar, and Judge James NJ. Thurmond,
also lawyer of standing and reputation at
the bar. That there had been an enmity,
or, at least, unpleasant feelings between the
| men for some two years past, the friends
of both knew very well.
It seems that the cause of this unpleasant
| feeling 1850
| when Judge Thurmond, then being mayor
of the city, the city council passed vote OF
lack of confidence in him as mayor, and in
the trial of the case before the council,
Messrs. Watts q Cowart, law partners, were
| EMPLOYED and prosecuted him. Mr.. CoWart
also took an active part in the campaign
Immediately following making speeches IN
! behalf of Judge John }. Good Tor the may
orally against Judge Ihurmond, VINO was
seeking a reelection as a vindicatlon OF HIM
self against the council for removing him.
The immediate cause OF the alteration,
or rather the cause of the two men being to-
gether and in conversation, IS not KNOWN
nor could it be learned by our reporter
That they hadretired to
| PRIVATE PLACE
for conversation but afew minutes before the
place after they had finished their CONVEX
sation in private is best given in the eyi-
dence taken before the coroner jury, which
appears below.
That the public may have the facts as
as brought to light so far, in the mlnutest
detail,
THE ENTIRE PROCEEDINGS
before the coroner are given verbatim, as
| follows:
The state of Texas, county of Dallas.
An inquest held in the county court room
of the county of Dallas, state of Texas, by
| w. NJ. Edwards, J, p, acting coroner, upon
the body of j. NJ. Thurmond. The jury
being empaneled and sworn,
a witness sworn, says: l was present in
the county court room, in the courthouse
of the county of Dallas, on this the 18th
day of March, 1882, about 40 or 90 minutes
before 2 o'clock p. M, and saw r. Il. Cowart
kill James NJ. Thurmond; they had been
in side room; Cowart came out and sat
Thurmond said: "You will not dare" and
then Cowart said to Thurmond that u
will do it," Thurmond said: You will not
I-you have not got the nerve; when you
do will be ready for you Cowart said
l"I will-you will see;" Thurmond said
You have slandered me and my family"
Cowart said: 81 have not slandered your
L
changed his stick from his right hand to
his left and started around in front OF the
bar, and said: IF you will do it, now get
ready, y" and passed round inside of the bar.
| AS he came round the end of the bar he
put his
RIGHT HAND BEHIND HIM,
about his hip; J.. c. Kearby went to Thur
| moud and said Don't do it,, and some
thing else | do not recollect; Cowart got up,
and as he got up he drew his pistol and
passed around the end OF
| the table; Kearby got out OF
the way Cowart shot 1 saw Thurmond
| with his pistol in his right hand and his
stick III his left in the act of presenting. or
he was stretching out his arm toward
Cowart, who then fired; Thurmond fell
that is about all ! know about it,,
| Thurmond had a nickel-plated pistol in
his right hand when he fell Thurmond's
right hand with q pistol in his hand ex-
tended towards Cowart, and had nearly got
mis- arm straight out when CoWart hred
Thurmond advanced upon Cowart, before
he got up from his seat,
| (Signed) ID. Nj. PAYNE.
| SAMUEL SCOTT,
next witness sworn, says: was attending
the court as q witness in case about hall
past O'Clock | was in the court room
Mr.. Cowart asked Thurmond out of the
court room after awhile they returned
Thurmond came in seeming to be mad, and
said TO Cowart that he (Cowart had
slandered his family he Thur,
lmond) came around towards
Cowart who was sitting down in chair.
with stick in his hand-I do not know
which hand-and said: 1--WE can settle II
right here" | saw Cowart draw pistol
and l ran out of the room; heard pistol
fire; do not know who it was that fired the
pistol; this was to-day; Mr.. kearby tried to
get between them; Mr.. kearby ana some
other men were between Mr.. Thurmond
and me. (Signed) SAM ScoTT.
JOHN BOWEN,
next sworn, SAYS: | was in the county
court room about half-past / o'clock to-day
sitting near the stove, in the west side OF
the room; / saw Judge Thurmond and Mr..
Cowart come in from side room and Cow
art took a seat near the Judges stand ana
put his feet upon table; the first thing
that attracted my attention was Thurmond
saving TO Cowart that he (Cowart) had
slandered his (Thurmond's) family; this
T Cowart denied; Thurmond replied; You
have, God damn YOU" and came around
from behind the railing with
/ a stick in his hand; Major Kearby then went
have no fighting there, that it was no place
to fight.
Thurmond said, Damn Kim, am not
afraid of him; let him come; am ready
for him." Captain Cowart then got and
pulled pistol and walked to the end of the
liable; Thurmond in this time had his PTS
tol out, but
DID NOT GET PRESENTED.
When Cowart fired, Thurmond fell; this
was the only shot ! heard or saw fired;
Thurmond fell on his left side on his walk
ing-stick, with bis pistol in his night hand;
Thurmond made the first motion to draw,
but did not get his pistol out first; Cowart
drew first.
angry when he first started and came rap
idly In the direction of Cowart, who was
then sitting IN a chair az the table; Thur
mond put his right back TO his hip-pocket
when lie came through the gateway in the
railing; Cowart was then sitting quietly in
his chair. He (Thurmond)
| AGAIs PIT HIS HAND BACK
10 his hip-pOcket. when kearby attempted 10
stop him, and said: "lf you are going TO
shootingI will get out Of the way" was
what Kearby said when. he did get aside.
| fSigned.) JOIN W~BowEN.
sworn, SAYS Ii was somewhere in neigh
borhood ef one and half O'Clock; | went
M tbe court room with Mr. Cowart TO dis
pose OF case Of State We. Blenken; we went
into district court; I left Cowart there and
went into county court and sat down; my
attention was attracted by a
LOUD roxKoF VOICE
/ In middle room; i looked and saw Judge
ThurmOnd and Oowart; recognizing the
men a. did, / watched them; soon they
came walking side by side 20 the door into
the court room near the middle aisle. Cow
Art walked 10 east around 70 bar and Thur
mond entered middle aisle.
\ Amer this ] heard ThurmOnd say:
''yOus haven't got the nerve 70 do It,
and. y0u know is" this was while
Coward was walking inside the
bar Aefore he sat down - made
No rely; to5n after tbis ID again
~ INgou haven't co.-z ~ do il
mi vo,lkuoE II. VIZ ence 10
10 Nr-uns Ia uck the