The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-03-15
THE DEADLY PISTOL.
Judge ThurmOnd Shot and Killed b,
Robert Z. COwart, Esq.
The Testimony as Detailed Before the
COrOner's Jury.
Bond of the Accused Fixed at 5000.

Bond oil the Accused FlNeu Ut SsVVs
Yesterday afternoon at fifty minutes
past o'clock, a terrible tragedy was en-
acted in our city. The parties to the de-
plorable affair were Mr.. Robert +. Cowart,
prominent and popular young lawyer at
this bar, and Judge James NJ. Tburmond,
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.
1t seems that the cause of this unpleasant
feeling
ORIGINATED IN 1879,
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 e. 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 for the may
orally against Judge Thurmond, who was
seeking reelection as vndication 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 had retired toa
PRIVATE PLACE
for conversation but few minutes before the
fatal occurrence, is positive. What took
place after they had finished their CONVEX
sation in private is best given in the evil
dence taken before the coroner's jury, which
appears below.
That the public may have the facts as
as brought to light SO far, in the minutest
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
being empaneled and sworn,
D.. PAYNE,
witness sworn, says: l was present in
the county court room, in the courthouse
of the county of Dallas, on this the 14th
day of March, 1882, about 40 or so minutes
before . O'Clock p. NJ, and saw X. Il. Cowart
kill James NJ. Thurmond; they had been
in side room; Cowart came out and sat
down by the table in front of me, and
Thurmond said; "Sou will not dare and
then Cowart said to Thurmond that 81
W
You have not got the nerve; when you
do will be ready for you" Cowart said /:
81 will--you will see;" Thurmond said :;
"Iou have slandcred me and my iamily;n
Cowart said 81 have not slandered your
family Thurmond said you have" and
changed his stick from his right hand to
his left and started around in front of the
bar, and said; I'll you will do ii, now get
ready, and passed round inside OF the bar.
l.. tl.. g I. l. l..
put his
RIGHT HAND BEHIND HIM,
about his hip; j, c. Kearby went to Thur
mond 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 | saw Thurmond
with his pistol in his right hand and his
stick in 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 n nickel.plated pistol in
his right hand when he fell Thurmond's
right hand, with pistol in his hand OK.
tended towards Cowurt, and had nearly got
his arm straight out when Cowart fired ,
Thurmond advanced upon Cowart, before
he got up from his scat.
Signed ID, NJ. PAYNE.
sAMuEJ SCOTT,
next witness sworn, says was attending
the court as n witness In case about half
past o'clock | was in the court room ,
Mr.. Cowart asked Thurmond out of the
csurt 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.
mondl came around towards
Cowart, who was sitting down in a chair.
with u stick in his hand-1 do not know
which hand--and said: 1--WE can settle Il
right here.h | saw Cowart draw pistol
and ran out of the room; Iheard a pistol
lire; do otknow who II was that fired the
pistol; this.was to-day; Mr.. Kearby tried to
get between them; Mr.. kearby and some
other men were between Mr.. Thurmond
JOHN BOWEN,
next sworn SAYS | was In the county
court room about halfpast o'clock TODAY,
sitting near the stove, In the west side Of
the roomy saw Judge Thurmond and Mr.,
Cowart come In from side room and Cow.
art took seat near the judges stand and
put his feet upon u table; the first thing
that attracted my attention was Thurmond
saying to Cowart that he tCowart) Ind
slandered his (Thurmond's) family; this
Cowart denied. Thurmond replied: lyon
have, God damn you,p and came around
from behind the railing with
stick In his hand; Major kearby then went
TO Thurmond and told him to stop and
have no lighting there, that It was no place
Thurmond said, Damn Kim, am not
afraid of him. LOT him roma. I an, road,,