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


..|MI "
~, for the state
Yet TO be Heard for
'i '.,'si, besides a Long
mthe Defense
.,,i to-day was filed
a cb every word Of
81 case Of the state state
b .nincham, on trial
j. Nv. Fleming.
y was brought into
s'n 'nl.sral friensd stepped
81 '' Ne hand. He was
o.. ! 'nndisturbed, and
z ' sSse' though now and
J " "a his face q nervous
~ als ..sssllfed' q stranger to
,s ~ vas called Mr.. Fur
g, Birmingham waive the
" 4. ,,,,mplalnt, enter - plea
~ l' y, nj decline to make a
.t,ismeIit.
u. v. l.. HOLT
y, Ply. for the state, was
s 'l,,...''Ifled he saw the kill
sl'ss Was going home
s y. Sye. Lived at the cor
III t mi occurred. Chas.
ll ssShim about half way
e' w. vent on together as
Inss When they got to
e..-,n ss and son drove
.slaanaea and cunningham
is ~s Il he didn't want 10
T,rguson asked why
q az. az something about
i Y he started home,
y. ~ 70, in the wagon; Heard
'lm y ssv ifThat d old s. of
|. Ap ,hsTs-i' but didn't hear
4, ~, AR remark. Heard Il re-
Sshind him by someone.
..dss,snd what it was.
''aa"urJaudsaw Fleming com
~ ''u. SIDEWALK. Saw him put
,r,,salA his hip pocket. The
rav moving on. Heard
.;a'n SSr He said: YOU'RE
MA b.. You've been
r.td for me all day, G
Il. SId that twice in sue
MI. y tSsn stopped his horse
4 HIM backward with the
Al, time Fleming had got
s,n Y, and stopped. Gun
s',,r;d Ia. horse until the
81 ma Flaming. He stopped
m,s, pYoi have been carry
,asIr ne al day, and you are
a. 1 coward 10 use IT,"
In nisea his left
waived it toward
arm's home saying,
Cin,l,am yoa just so on
lrand lghsalone." Cun-
,A,mA "BJG-, this is u pub.
lI,tv, sndrhaye been carry
hi line fday, and you are
g. -Gsrard to use it.n
ipsbs seonds nothing was
ikr III efy. Cunningham
slseaf wagon seat, both
,ns cher, Cunningham
sis'sTG-, I'll just get out of
issr As he got out his SON
kkhai ified to hold him in,
y ! NJ to get out Of the
{. al who had his hand
3lLlhe time, drew his pis-
f6nSet and let it drop to
tiAing said: Vow, Mr..
l:h don't you make an
& toward ma.n They
ca thirty-ene feet
Alningham remarked,
p'ye got q pistol in your
sncw, Cd d-n you" ut
enc running his right hand
hsom. He pulled out his
Agged II at him and fired.
ppped like n beef, dead.
IN remarked, "Now, there
dot right back in his wagon,
where witness was stand
safe and said 10 him, "You
d. pistol in his hand be-
him. Told him "rhat is
business. The best thing
6 to go to town and give
I He said, "Im going to
m mighty sorry The
? saw Fleming was after
q had made the reuark
i old s." etc. Heard
eak behind, looked back
Twas Fleming. Saw him
! hand in his hip pocket.
lng up the sidewalk and
rs at gate. He came on
md was in his pocket.
e butt end of the pistol.
III front OF Mrs. Martins
Icy feet back. Cunning
ms wagon about opposite
ie IN the middle of the
',aght the horse was trot-
IN say whether Cunning
'tl,ming or not, rs it was
IL Only knew that Cum
og'look him and Ferguson
" % take Ferguson in.
1el on that street, and usu-
|, ha' way. Saw Cunning
= hand in his bosom and
Twice before he got out of
lpat saw no pistol ut that
" these times was while
!, was backing, and then
!. stopped. Fleming was
ny pert. When the wagon
pea II was in the lot be-
aud Harding.
got to the corner, and
yut u little more into the
" street. Cunningha m
US wagon towards Elem.
'sham and his son both
'ne reins, Cunningham's
IN front of his sons.
son had been driv-
'as not certain. The
baplsinu ,,,,;l ~ r...