Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1883-11-09

you.r He had lust rot thronyh
saying this when he drew his pisfoi
and fired. AS soon as CunninSban,
spoke witness turned his ewes 10 hin,
and looked ut him until the shot was
fired. Cunningham had not advanced
since lie got out OF the wagon. Cnn.
bingham frequently passed along that
way in going home. The other road
was a little shorter. Didn't hem.
Fleming humble anything.
Redirect. Tom Parker was on tho
outside OF the gate ond witness was ON
the inside. Ferguson had got oul of
the wagon. These were ali the ner.
sons he saw. Mr.. |. b. Tucker lived
opposite his house, and Others 1.-Two
near there. Cunningham said moth.
ing else besides what was already
stated.
Adjourned until 1880 p. m.
MRS. /. II. TUCKER
lived on Weatherrord street across
from where the shooting occurred.
Saw the killing of Mr.. Fleming near
her home. Was in the cook room,
heard loud talking, walked out on the
front gallery and Mr.. Cunningham
was just stopping his team. MIR.
Fleming was standing in the street
with his hand on q six shooter. which
he had in his hip pocket Mr.. Cum
ningham said with IN oath "Nou fol-
lowed me yesterday with knife and
to-day With pistol, but you are too
much of coward to use them.r Heard
no reply, and Mr.. Cunningham then
said, 81 will get out OF the hack
and fight you.n AS he rot out,
or about the time he did
get out, Mr.. Fleming drew his revolver
and lowered his hand to his side. Mr..
Cunningham exclaimed with an oath:
You draw a revolver on me, do youan
and fired. He then took a step or two
towards Mr.. Fleming with his revolver
partially raised. He was saying some
thing ut the time, what she did no: re-
member. The next thing he said:
"There ii is, I'll 90 and give myself up
to the officers got into his hack and
drove of. Mr.. Fleming was standing
still when she came out, near the CEN
ter of the intersection. She did not
recognize the loud voices she heard
before she came out. Mr.. Fleming
did nothing further with his pistol
after dropping it to his side, that she
saw. If he had raised his hand in
position to shoot, she could have seen
it. She was looking towards them and
bad IL good view. Never heard Mr..
Fleming make any remark. Never
saw him make any gesture. Could
not see his left hand where she stood.
Cross-eNamined - Lived on north
side of the street within fifty or sixty
feet of where the difficulty took place.
Was no judge of distance. Was in
the back part of the house preparing
supper when she heard the loud noises.
Did not then recognize any voices or
distinguish any words Of the
parties. The killing took
place To the southeast OF her
house. When she heard the loud
talking she walked out on the porch
without haste. Major Fleming was
then standing still with his hand on
his pistol. Mr.. Cunninghams horse
was facing north, he having Just
checked him. He sat in his hack a
few moments before getting out. She
did not see him place his hand in his
left bosom before getting out. She was
in n position after she came ON the
gallery to see him if he had done so.
Did not think Mr.. Cunningham adj
vanced on Mr.. Fleming after he got
out before he shot, not more than
step anyway. He shot very quickly.
IL was possible that he could have
raised his hand with the revolver in it
without her seeing it, but she was in Il
position to see it. Understood him to
say nothing more after the shot than
she had stated. Did not
notice any children. The firing
of the pistol and the remark
of Mr.. Cunningham came together,
She did not see him draw the pistol.
She only saw him jerk it out and shoot.
MR.. l. II. TUCKER.
Saw the killing of Fleming Heard
loud voices in the street and asked
Mrs Tucker ~ she passed 10y what
noise that was. she Went to the front
porch, came back and said that Flenl-
ing aud Cunningham We're quarreling.
Sat there short time and Their went
out on the porch. When he got there
he saw Fleming draw his pistol from
his pocket and drop IL down by his
side. At the same time he heard Mr..
Cunningham say, you've got PTS
tol,n ut the same time getting out Of
his wagon: you've been carrying Il
pistol for me- and at the sAmc time
putting his hand in his bosom, pull
ing his pistol and firing AS
he did that witness turned
his eyes toward Fleming and
saw him fall. Then he turned and
walked back toward the kitchen.
Then he went back to the front porch.
Mr.. Cunningham still had his pistol
in his right had. Fleming made no
effort to use his pistol that witness
saw. Turned his eyes toward Cum
ningham and was not looking towards
Fleming at the time of the shot, hay
ing turned his eyes at Cunningham
remark. Cunningham was getting
out of the wagon when Fleming pulled
his pistol from his pocket.
ss-eXamined-Afte turning his
eyes to Cunningham he saw him pull
his pistol. This act followed the re-
mark very closely, or came. about the
same time. He was making the re-
mark while drawing his pistol. Flem-
ing was facing toward the southwest,
where Gun ningiiam was standing.
THOMAS j. PARKER.
Saw the killing of Fleming. Had
-. Il "a, NI,s \Nillinng' hnuse IN de- |