Mexico weekly ledger., 1883-11-08

was not present and did not drink,
but Skinner came up about the time
all got through drinking; when l
first saw Cline he had his arms up as
his hands were in his pocket,
with his forearm in a horizontal posi-
ton; I did not see his hands; when
Lynn came up and got the pistol from
me, Skinner came up with him, but
did not say anything that l remember
of; Lynn was intoxicated at the time
Lynn is a man that drinks and l did
not hear him say anything last night
irrational. Defendant, Cline, l think,
had on an overcoat last night at the
time of the killing; the last time 1
saw Cline before the killing was
about 4 o'clock yesterday evening.
just before the shooting I heard
Skinner say Cline was not armed
and I also heard defendant say
something about either being armed
or not being armed, l do not re-
member which. Tom. DAVIS.
Felix Fern, being sworn, said: knew
A. o. Lynn; I know defendant, Cline.
Lynn and Cline had had some difference
about a faro bet and had both spoken to
me about it. Lynn yesterday told me
while speaking of the bet, that Cline was
o cur and a coward, and he would make
| him get on his knees and make an apollo
| gy; last night / took a drink with Lynn
and some other party in the Bank saloon.
When we drank, Skinner and myself
| walked down the street and met Cline,
when l told him of Lynn's threats and
that he was drinking, and would have a
difficulty with him if he met him. Cline
said he was in a public thoroughfare, and
did not propose to hide; we all then went
down the street and got a drink and / do
not remember whether Cline went with
US or not. We came back up the street
towards the Bank saloon; Skinner told
Cline that Lynn was drinking and armed,
and if he met him would raise a difficulty
with him; when we got to the corner OF
Austin and Fifth street, near the Bank
saloon, Skinner said he would go in and
get Lynn and bring him out and make
him make friends with Cline, and wen1
into the saloon leaving the others out or
the sidewalk. Skinner and Lynn sooI
came walking out of the side door of the
saloon on Fifth street, and came up tx
where Cline was standing and Skinner
said: ''here, l want you all to make
friends" and Cline said r've got nothing
against Lynn, and l had rather be hi.
FRIEND" and Lynn said ''that's all RICH
| Cline, but you are armed, and are
, id cur, and I will make you get on you
? knees and apologize. 1 am stuck to xii
, you anyway" and threw his pistol owe
and cooked it. When Lynn made the dem
) onstration with the pistol, Cline jumpe.
: behind a post, and said, "boys don't lie
z him murder me-" At this time Mr.. Skin
ner caught the pistol and tried to wrencl
G it away from Lynn, and said we are al
. your friends, and want to see you max
friends" Lynn replied, 81 will make tn
{ s-n-of-a-b-h get on his knees an,
apologize. About this time Skinne
stumbled and fell, and Lynn wrenche
q loose from him; Lynn turned around t
Cline and presented his pistol, cooked, q
Cline and said ''you are armed, you d.
s-n-of-a-b-h, why don't you draw an
{ fight. At this time 1 looked at MIR. Gin
who was standing behind a post and ha
n his pistol in his hand behind him. Clin
n in the meantime remarked: "Lynn,
n don't want any trouble with you;" an
/, as Lynn had his pistol upon a level pre-
sented at Cline, Cline drew his pistol U
d and fired; when he fired Lynn moved
little with his pistol still presented
n Cline, and cooked and held it in that pc
sition 20 or 80 seconds. At the end
- that time, Lynn had moved a little with
slight stagger and Cline fred again; whe
the second shot was fired Lynn staggere
ID and swung his pistol around. 1 got b.
'g hind a pillar at this juncture and saw 1
more of the shooting; l heard two
j.. more shots after l got behind the pilla
8 and when the shooting ceased, I ask
Skinner who was standing where
could see the shooting, if Cline was she
and he said no, but he thought Lynn VI
killed. When I came out Cline was cor
ing down the street, and Lynn was lyi
out in the street. l called Cline to Wi
n for me, and I went with him to the she
if and he surrendered to that office
TT When Lynn told defendant he was arme
IN defendant replied, 81 am armed, but n
- to hurt you" FELIX j. FERN.
-. We, the jurors, find from the eviden
70 so far. that A. O. Lynn came to his dea
October 81, 1888, at or near the corner
IN Anstin and Fifth streets, from two she
ne fired from a pistol in the hand of D. !
or Cline, between IL and II O'Clock at mig
"a L. P. PECK,
S. P. HAIRsToN,
I'll j. Y. REYNOLDS,
1g A. D. BELL,
ed J.. S. MCDONALD
70. w. J. MALONE.
20 THE SLAYER.
or The readers have observed that t
testimony so far is favorable to t
!, theory Of self-defense. D. Warn
Cline was born in Cooper count
Mo-, and moved when quite an infs
to Mexico, Audrain county, Mo-,
~ be cared for by his uncle, his mott
having died. His father came
Texas years ago and died here. ]
learned the carpenters trade and f
lowed it until he took to cards. T
brother was employed by Hays
Burns, at Gainesville, Texas, and
IN terward took a partner and did a M
- camille business, as Cline & Fletch
He also read law at GAINESVILLE, unt
Judge Weaver. The prisoner appe,
confident of acquital, and bears hi
self as if his mind is at ease.
- Prof. F. P. Conway and Mr.. F.
- MiddIofon toIarroph ono,,ka, h.