Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1883-11-08
TUESDAYS KILLING.
The Dead Man Laid in the Tomb--Iho In.
overwhelmingly Trial.


The Dead Man Laid in the Tomb-tho In.
quest-Prelin,inary Trial.
Yesterday morning crowd was
present in Justice Ztnn's office at the
hour appointed for the inquest over
the body of j. w. Fleming, who was
killed Tuesday evening by Il. l.. Gun
ningham. Only one witness was
heard, w. II. Holt, further testimony
not being thought necessary, and his
statement was as given in the GAZETTE
yesterday. The verdict of the jury was
in the following words: Verdict of
jury is that j. w. Fleming came to
his death from pistol shot by K. l..
CUNNINGHAM"
The preliminary trial OF Cunning
ham, which was set for ] O'Clock yes
terday, was postponed until 8 o'clock
this morning on account of Mr.. Fer
guson, one of the principal witnesses
and an eyewitness of the shooting, be-
ing detained in the district court as q
juror, and Capt. Hanna of counsel for
defense being unable to attend. y
large crowd had collected i'll Justice
Iinn's courtroom to learn further par
ticulars of the tragedy. County Attor-
ney Pendleton and Mr.. r.. Bolin APP
peared for the prosecution, and Messrs,
Furman, Capps and Hanna have been
retained for the defense. Counsel for
the state fought for trial yesterday,
but Justice Xinn finally decided to
postpone the trial until this morning.
The funeral of Mr.. Fleming was
held yesterday afternoon, and was
largely attended. Among those who
followed the remains 10 the grave were
his old comrades of the Mexican war,
who thus united in honoring the
memory of their old brother soldier,
who will hear no more the bugle call
so dear in the years gone by, but who
will join them again ut the grand
rcveille.
Several statements are made by
various parties in reference to the
quarrel Of Monday that led TO the
tragedy of Tuesday. Mr.. Reuben
Burnett, who was near neighbor and
intimate friend of the deceased, says
that Tuesday afternoon between two
and three O'Clock, Mr.. Fleming came
to him on Lyle's corner, where he was
standing, and said "Reuben | am in
trouble He asked him "How's that?n
Mr. Fleming then went on and told
him about the trouble Monday
N'NiiiES' iiN SsiAh iiC litt,l ibdShl WIZ
ter privilege from Cunningham, who
had shut him OIL at night. He re-
monstrated with Cunningham about
it, and he struck him down and
then kicked him in the stomach.
He wanted advice. Mr. Burnett
said he told him to let the thing go,
and have nothing further TO do with
it. Mr.. Fleming leaned on his hand.
studied for few minutes. with his
head down, and then, looking up,
said: "lll let the whole thing 60; Pm
able TO live without it, meaning re-
venge for the insult, and got up and
left, apparently relieved of great
load. Understanding that Mr.. Bur
nett had said that Cunningham had
threatened Fleming, the reporter asked
him if he knew of any such threats.
He replied in the negative, but called
out to the reporter after he had got Il
few feet of, ~ say that TO you, but
may have something different to saw
on the witness stand"
The preliminary trial, if had to-day,
as now set, will be n very interesting
one, as all important matter bearing
on the killing, and its causes, will be
brought forward.