The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-12-04
WHICH WAS IT.,
AN UNPROVOKED MURDER OR JUST
IFIABLE HOMIOIDE2
The Massey-Jack Tragedy
Testimony of Witnesses
COrOner's Verdict.

, q GlCaAi NftoC VI DLAl AAOLCllCCs LUZ AZ
must be remembered that Smith and
the deceased had just been engaged IN
a controversy, and so his statements
may be received with grain of al
ioWance. AS Will be seen by the
verdict of the coroner's jury, given
below, it was recommended that he
should be discharged. This was done,
but he Will again be arrested, as the
jury's recommendation was no legal
reason for his release. The testimony
was very voluminous, some eight or
ten witnesses being examined, but
the most important points are given
below.
II. RuckeT, who rented the place on
which the killing occurred, testifies as
follows:
Mr.. Massey came to my house this
morning, November 26, about ga. H.,
to see about fixing a pasture fence,
and after he got through talking he
went down the road again. 1stood at
the garden looking at him; he went
about $50 yards from the house and
met this hand he had hired miles
SMITH riding. and deceased walking
with him. Deceased was going after
a jug of water. Mr.. Massey had his
horse turned across the road and de-
ceased was in the road between Massey
and Smith. ] sew him throw down
or point pistol at deceased. l heard
tle shot OF the pistol. He wheeled
and rode back to me and said, Parson,
have shot 81 jackson; he threatened
my life, and he (deceaSed) had pistol.
Smith, who had come with him, said,
yes, he did have a pistol. had heard
a rumor of trouble between deceased
and Massey, but know nothing about
it. l went to where the body lay.
Jackson was dead then. Did not see
any pistol. Had been there all day,
except when l went to elmer, and
then my father, Tony Rucker, stayed
till L came back. / found no pistol
when 1 came and the body has not
been moved. Was gone to dinner
about fifteen inmates; did not see the
men when they first came. Heard
loud taking before the shot, but could
not tell what was said.
Ed. johnson being duly sWorh on
his oath, says: l came out to the
fence to hunt my pony and there L
met ST Jackson and Miles Smith, talk
Jag, and 81 said Miles, where Is the
boss? the otner answered that he was
down at the house, Jackson | want to
see hun; heard he was going TO kill
me on first sight. l have not done
anything To him. You and L had our
fuss AID we can settle it, Then Miles
started down the road toward Mr..
Fuckers house. " han he got off
about ten or fifteen steps he says |
am going to tell him where you are.
l then looked ard saw 81 going the
same way. Miles WAS going towards
Fuckers house, and just about that
time | heard some ore say God damn
you! I'll shoot you, and then heard the
report OF a pistol and saw the white
man going towards the house, and
Smith after bin. Then Thomas, Will
liams, Allen and myself came on to
where we found the body lying. We
found no pistol upon or near deceased.
Never saw deceased with any pi3,Gl
or arms and never head him make
any threats.
DR.. L. b. johnson testified only to.
the character of the deceased. He
had known him for some time, aud
while he was somewhat inSolent, did
not consider him a bad or quarrel
some negro.
Miles Smith being sworn on
oath, states: l have been staying
at Chapman's place where
Massey has been acting foreman. Mas
sey and l left Mr.. Cnapman's house
on Wednesday, November 26, obout Z
or 8o'clSck, and went into the field
after some horses. Massey wanted
me to help him drive some stock. We
got them and took them TO the lower
farm. When we got there Massey
went to the fence to look at it and left
me between Chapman's and Shappard'S
farms, and told me TO fix the fence
while he went UP to ParsoD Fuckers.
| went to work TO tx ,4e fence, and
while there saw Ed Johnson and 81.
Jackson. They were about 250 yards
from me. ST, was sitting with his left
foot across the fence when l came up,
ane Ed johnson was about thirty
yards from 81. There was place
broken down there, ond l went to fix
it. | rode up TO where 81 was, got
down and started to fix the fence. L
said, how do you do! and 81. answered
hello! He said, Where is your boss?
aud II said, What boss? He answered,
Massey. l said he had gone up to
Fuckers, ST. then said, want to see
him; he told E.e that twice, and then
/ said, do you expect me to tell him ?
and he said, yes, l want you to tell
him l want to see him. l then went
on and fixed up the fence. After
awhile 81. started up the road towards
Fuckers. Ike was about 100 yards
from me down the line of fence when
he started to walk up the road. Mas
sey rode up and said, Parson says he
will keep the fence up. 81 was then
coming up the road about fifty yards
from where Massey and | then stood.
Ate. Massey told me about the fence
| got up on my horse and started off,
and 81 called out: Hey hold up
therel | paid no attention to it, but
Massey whirled his horse and said:
S.Who are you talking TOP" and 81
said, "Y ou." Massey said, "Who are
your" the other replied, at is me. ST.
Massey then said: go away, 81, /
don't want any chat with YOU" and
turned his horse to start off, when 81
said, "You Cd d-n son OF b-h, [
amt afraid of you or no other man"
Then Massey whirled his horse to
wards ST who had both hands behind
him, and had hold of a pistol; when he
went to draw the pistol it seemed as
though it got hung. Then Massey
pulled his pistol and shot him; as
soon as he did this he said to me,
"Come on and go with me-" We then
went up to Parson Fuckers, and
Massey said TO Parson: Il have killed
or shot 81, and you can go
down there and see him"
/ don't remember any more
words passing between them.
Massey and / then went to Chap
mans upper place and when We got
there saw Mrs. Chapman, Mrs. Mas
sey, and the cook and Mrs. Bailey |;
saw no men there. Did not hear Mas
sey say onything. He then sent nc
TO see Mr.. Chapman and tell him that
he had killed ST. left him at Chap
mans aud saw him The same night
about dark. Can not say where he
went; went to my-house; have not
seen him since; he did not tell me
where he was going; don't know that
he told anybody where he was going.
The rest o. Smiths testimony has
reference tc-a previoas.-auarrel be-
tween himself and the deceased in
which the latter accused him of get
ting the other out of "A job. The next
witness was Allen Milton, who swore
in substance that ne was chopping
wood with the others in the bottom;
that he heard the report of pistol,
and some one cry out, OH
Lord. He hurried to the spot,
got there. some distance before the
Others and found deceased living on
his side. He found on deceased a
pistol that he recognized as one be-
longing to man named Williams.
whose rent witness had shared uo6