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

New York. s''VV'
he was just falling. Turned and went
back to where his team was
hitched. The first he saw
of Cunningham was he passed
while witness was standing at the
gate. Fleming came along the side
walk Just afterwards. Did not hear
any words between them MS they
passed. Saw no demonstrations from
either party.
Cross.eXamlned- Did not know
what Fleming was doing with his
pistol, If anything, when Cunning
ham fired. Was not looking mt Flem-
ing at the time. Turned his head Just
after the shot and saw him fall.
c. ). FERGUSON.
Saw killing Of Fleming. He and
Holt Were walking along the south
side of Weatheriori street. Had lust
got opposite Hollis gate when Cur
ningham and son passed In the street.
They stopped and Cunningham asked
him TO ride home with him. Got In
the wagon. He remarked "That d
old rascal has been carrying Il pistol
for me all day. Asked him who and
looked around behind, saw Fleming
walking up towards the wagon,
BY that time the son
had started the wagon Off When he
first saw Fleming he WAS behind, COM
ing up. with his right hand behind
him, Did not think he was on the
sidewalk. He made some reply 10
Cunningham's remark. Did not un-
derstand what it was. Cunning ham
and son drove on about fifteen fee, and
turned around the corner Cunning
ham kept trying to stop the horse,
catching hold of the lines, and finally
backed the horse, turning the wagon
round with the front towards Wealth
erford street. Had not seen Fleming
all this time as backs We're turned.
When the wagon stopped Fleming was
standing on Weatherford street facing
them, saying something not under
stood, and shaking his left hand to-
ward the southeast, his right hand ut
his side with the pistol in 10
Cunningham remarked, "The d. ras-
cal has got Il pistol in his hand now
He remarked first, "I'll get out of the
wagon, y aud then used the other re.
mark. He jumped right out, put his
hand in his left breast pocket, pulled
and fired instantly. Threw his eyes
toward fleming aud saw him fall. He
had his right hand with his pistol in
il partly raised. Fleming fell dead.
Jumped out of the wagon about the
time Cunningham did, and behind
Cunningham's son told him he had
better 80 home, he was drinking.
about the time he caught hold of the
lines, the son also caught hold
OF him and tried TO loosen
him from lines. Witness
also tried to keep him fror going
back. When Cunningham first got
hold of the reins, the wagon had about
crossed Harding street aud was upon
the open lot. Cunningham then
backed the wagon nearly across Har-
ding street bringing him near Holts
fence and nearer Fleming. Did not
know Cunningham had amy weapon
till he got out, aud did not notice any
efforts to draw any until getting out.
Cunningham was calling Fleming
drawn a knife or him the day before
and bad been following him all day
with pistol. Thought he was tai k
ing TO him. He was talking
rather loud. He always talked loud.
eff that's the way you are going TO do,
/ will go on home" Both got out
about the same time. Thought he got
out first. when Cunningham said,
''You have pistol in your hand now"
and added, "buJ you are too id
coward TO use it," Did not recOllect
anything being said after Cunningham
got out of the wagon before the shot
was fired. Didn't recollect anything
Fleming said. Was paying attention
TO Cunningham. Cunningham said
after the shot was fired, mo d-n man
can follow me with a pistol all day
and then draw it or me-" He added,
show for itselfn continued that
he would go aud give himself up to an
officer, got into his wagon and went
of.
Cross-examlnation. Frequently rode
home with Cunningham in the after
noon. Lived near him. Nearly al
ways went that way. That was the
nearest way to witness house. Went
with him once when he went differ
ent way.
As it was now about o'clock, an
adjourn. ment was had until this
morning. The following persons
are vet to be heard for the state
Martin Phillips, Dan. Vaughn, j. II.
Maddox, r. H. Tucker, Alex. Me-
Pherson, j. II. Murphy, Miss MeFad-
den, John A. Thornton and j.. NJ.
Wills. The names OF the witnesses
for the defense have not yet been re.
turned. The examination viii proba-
bly, not be concluded this week,
certainly not before tomorrow even
ing, If all the witnesses Summoned are
MIR on tho siand