The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-03-18

WV enuahce 70 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 | saw the pistol in
Thurmond's hand was about the time |
heard Cowart's pistol click Cowart had his
ieet on the table at the time Thurmond
said, Draw II, and took them off and rose
with his hand behind him; Cowart took
ABOUT two steps around the corner of the
table from where be was sitting to the place
where he fired,
The next witness had also been before the
coroner's jury, and his direct evidence be.
ing virtually and substantially the same,
only his cross-examination is given. This
witness was
MIR. JOHN W. BOWEN,
who said: l was sitting down reading n
newspaper when saw tho defendant and
deceased go into the side room; they
came out in short time, when Thurmond
said, You have slandered me and my
family" Cowart replied, 81 have not
slandered your family" Thurmond started
around the railing towards the entrance
INTO the bar at a last gait; he threw his
hand behind him; Kearby walked up to
him and said Here, we'll have no fight
here Thurmond said: Draw, it or
LET him draw it," Cowart then COM
menced to take his feet off the table and
threw his hand behind him and got up; |
looked at Thurmond, and he was drawing
his pistol; Cowart stepped around the Ia
BILE; Thurmond had his pistol in hand
slightly lowered; | heard Thurmond say
Now is as good time as any to settle it"
Cowart when sitting had his feet on the
table and his hands clasped behind his
head; was sitting in the gateway and
moved as Thurnond came I'M as he came
through the gate and threw his hand be-
hind him, Cowart was still sitting with
his feet on the table; rs Kearby
approached him he made motion as if to
shove kearby to one side; kearby did not
stand aside, and Thurmond stepped back;
Thurmond had Just pulled his pistol out
and got 1t in front of him when he was
shot; kearby jumped out Of the way and
passed between Thurmond and me; | saw
the pistol after Kearby passed; Thurmond
looked white and mad he spoke in an
angry tone Cowart had taken his feet off
the table before Thurmond said Draw,
d--n you | am ready for your Cowart
commenced to draw his pistol when Thur.
inond said this.
Counsel for relator here announced that
they would rest, and recess of ten minutes
was taken, during which counsel for the
state were in consultation. After the re-
cess expired the state called
MR.. W. II. W. SMITH,
who said; was at the inquest held upon
the body. of the late Judge j. NJ.
Thurmond; | saw the pistol taken
from Thurmond's hand. The pistol then
was exactly like it is now, the hammer
down, resting on cartridge. Here the
witness exhibited the pistol 1t is not a
self-cocker
CEoss-EXAMlNED.
There is only one catch or notch in the
hammer. of this pistol; generally pistol
hammers have three notches, one of safety
which holds the hammer Just off the cart
ridge, q half way notch and Il full cock
notch. This has neither safety or halt
way notch.
The next witness was
MRS. HAAS.
She said: My name is Eliza Agnes Haas;
live at DIR. Hughes place, near Scott S
mills; have lived there some two months;
my house is about mile and a
half from the courthouse; came
from Marshall here; ! am native
state Mt one time, but moving back, have
lived in the state seven years since my re.
turn.
was in the city Tuesday, the 18th, to
see Mr.. Gano, real estate agent; l wanted
him to draft me power-of.attorney for the
sale of some land in Shelby county.
| did not find him at his office, and
went to the courthouse to look Tor him; |
went up stairs at the courthouse into q
hallway, and thence through door on the
west side into room; | heard voices in n
room at one side, and going near the door, ]
looked IN and saw three men, and hearing
what did, | stepped back to one side; the
first words | heard distinctly and definitely
were-"l am ready now to. publish ali
these things, and all about the Price
affair, another. voice replied
you'll never live to debar''-
voice continuing-"never live TO see the eff
feet of the publicity Of IT." some other
words passed which / did not catch fully
until the second voice said, "This is not the
place" and the first voice replied, "As good
a place rs anywhere; the third person in
the room then said; ''If you are going 10
fight will get out Of here"
i am satisfied the third party then left
went out of the courtroom into the hall
and | saw the third party come out of the
courtroom door and go down the steps; |
did not know either OF the parties to the af.
fair, nor the third party | saw gentleman
pass through the hallway and go into the
court room as the third party referred to
passed out; this gentleman recognize to-
day and am told his name is kearby; |
never saw Mr., Kearby before that occasion,
and did not know his name until to-day; |
knew nothing whatever of the
Price affair have read none Of the papers;
thought the men in the room were quar-.
reling, and fearing difficulty, | got away;
heard the two men talking in the room
use proiane language hearl pistol shot
after got down stairs, just rs was going
cut OF the building throu IA the north
door.
CROSS EXAMINED
] lived on Camp street before moving 70
where | live now; think II was the 10th
OF January when | moved to my present
residence; | have four In family and my,
self l lived In Marshall before coming
here; l lived seven months in Marshall
then went to Shreveport, Wuure lived
seven months and returning TO Marshall
remained there six months aud then moved
TO Dallas; my Oldest child Is dead; my
Oldest child living Is - years
old; was born in Sabine county,
Texas, near Hemphill; clcrkcd
at one time in the commissary department
OF the United States army, In Californiu
and Arizona; | am doing nothing now OK
ccpt. TO keep house for my family; DIR,
widow Martin.
Judge Barksdalc and another gentleman
rnmC To my house This u,nrninv IN 400 n, Al