The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-08-02
THE COURTS.
The COstIey Murder Trial

The case of Marcellus Costley
charged with murder in the matter of
the killing of James Pierson, which
occurred on the 22nd of June, near
Austin, was commenced yesterday,
before Judge Walker. of the district
court.
The substance of the testimony for
the defense, as far as elected, was as
follows:
Mr.. Robert Pierson, father of the
deceased, testified that on Monday
previous to the shooting witness
wife was taken sick, and on Friday,
June 22nd, was worse. His son, VIM.
Pierson, went to Del Vale for DR..
Maxwell, leaving his house at IL
o'clock m. He went in his usual
working dress, being In his shirt
sleeves. Witness stated that Costley
and his son, deceased, had a
difficulty about year ago
last spring. Witness had twice pro-
posed to Costley that he and William
should make friends, that Willie was
anxious to do so, and didn't want to
press the matter of the difficulty.
Costley expressed willingness to be
friendly with all the family except
William. Witness also testified that
to his knowledge his SOL never car
ried any weapons. He did not believe
Willie had any weapons, and request
ed others to notice the fact that
Willie had none on him the day he
was shot.
Witness in the course of croSS-eX-
animation being asked by Col. Wal
ton, of counsel for the defense, why
Costley refused to make friends with
the deceased, replied that he gave no
reasons.
In reference to an old cutting affair,
in which young Pierson had cut
Costley, witness explained that it had
been settled before witness made the
proposition of peace on account Of the
ill-Will still existing between the
young men. The reason why deceased
was not hauling posts the day he was
killed, as he had been doing before,
was that one of his horses had gotten
loose and lost his harness in the pas
ture, and he was at home trying to
find it. The only reason why William,
instead of his father, went for the
doctor was that his father was sick
and his mother requested him to go.
Mr.. Givens, another witness, testi-
fed to the effect that at about 2
o'clock on Friday, June %, VIM.
Pierson, the deceased, came to his
store and stated that his mother was
worse and that he had come for the
doctor and asked Owens where the
doctor was. Givens said, "Over at
Kennedy's; perhaps at dinner" Civ
ems saw man sitting with his back
toward the road smoking. He did
not recognize the man who was smok-
ing. Tit. man smoking soon went
into the house. Pierson walked
across the gallery in front of the
store once or twice. Then he went
across to DIR. MaXwell's Office. On
reaching the Office he placed one hand
upon the door facing and started to
put the other up when Costley fired.
Pierson threw up his hands, wheeled
and commenced to run. Costley
ran out at the door by him
and fired the second time.
Pearson hallowed murder once,
and continued running. Costley adj
vanced on him and fired the third
shot, upon which Pearson fell. Cost
ley exclaimed, "Oh yes! going to kill
me, was you?" and went back
through the same door whence he
came out of the office. DR.. Maxwell
went over to Givens' store and asked
Givens to come over, there was man
killed. Owens said "he reckoned
not" Maxwell said, Eyes he was"
Owens asked who killed him. He re-
piled he didn't know, and asked Civ
ems if he knew, and Givens replied he
did, and recognized the defendant as
the man who did the shooting. Givens
discovered no weapon of any kind
about the deceased.
Givens will be cross-eXamined this
morning.
The court adjourned till o'clock
a. m. to-day, when the testimony for
the defense will be resumed.