The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-08-26
FROM FORT WORTH.
AN INTERESTING MURDER TRIAL.
Officers Joe Witcher, James and William
Rushing Charged With the Gallo
way killing, Held to Answer
The Gazette, Etc.

Fort Worm, Aug. 2j.- Special. H.
What promises to be "a cause celobre"
was continued in the District Court
room to-day. 1t is that of the State of
Texas against Joe Whether and James
and William Rushing, officers of the
law, who were in the saloon when John
Galloway was killed. VIM. Rushing
says he did the killing aloGo md in
The State IS trying to show
that each of the officers fired at and hit
the deceaseI. The sworn testimony Is
given in full:
Matte White was sworn. viii be
twenty years old next birthday; knew
John Galloway when he was killed;
knew Jim Rushing when | saw him:
never saw the defendants VIM. Rushing
and Jos. WitCher but the one time there
witness identified defendant James
Rushing), the night John Galloway was
killed; was right thore nj the saloon
when he was killed; had been in the
little wine room back Of tho Santa Zee
saloon; Kitty White, the wo-
man called Chapperal went
into the wine room with
me; | went to the back door Of the sa-
loon, which 10 lis through the alley into
the saloon, and called John to bring me
Il couple of glasses Of beer; John was
standing in the middle of tho floor and
said "all right" and started back to gel
the beer; after he got behind the coun-
ter the man called Jim Rushing's
brother came in; after him came Mr..
Jim Rushing and Joe Witchcr, one right
behind the other, so close together chat
don't know which came in first; then
Mr. Jim Rushing'S brother ordered n
glass of lemonade; John got the glass
to make the lemonade, and lust as he
got the glass, Mr. Joe WitchCr fired ut
him; then the two Mr. Rushings both
fired; there was nothing else done
right at the time, but John Galloway
was lett in there by himsof; after the
first fire, John Galloway fell; these men
who did the shooting came in, two of
them ut the front door and one mt the
side door; Joe Witcher came in Mt the
side door; | never saw Joe WitchCr un-
til that night, but some one told me il
was Joe Witcher, and then the Messrs.
Rushing came in; Mr.. Jim Rushing
had been in before and had gonc out,
and then when tho shooting was done
Mr.. Jim Rushing's brother came in first
ut the front door; then MIR. Joe Whether
and Mr.. Jim Rushing came in right af-
ter, one at the front door and one at the
side door; the three men stood outside
of the bar; Mr.. Joe Witcher stood right
at the front end of the bar, Mr.. Jim
Rushing stood next, about the middle of
the bar, and Mr. jim Rushing's brother
stood down at the lower end of the bar;
before the shooting I did not hear any
thing; | only heard one of the Mr.. Rush
ingS, don't remember which one. order
Il glass of lemonade; heard afterward
what had been said; after John was
killed the glass lay beside him on the
floor; when the shooting commenced.
kittie White was sitting i'm the wine
room, and after ii began she jumped M
and ran and stood by me ut the
door. After the shooting was over, we
both went into the saloon where John
was; | did not see anyone i'm the
saloon nj the time of the shooting cXcept
the three men who did tho shooting
and John Galloway; negro man
called Fatty Bell had been in the saloon
but had gone out; when the shooting
commenced there was a negro woman
in the alley between the wino-rOom and
the saloon; | thought il was Mary
Jenkins, but she says IL was not her and
that she was not there; after the shoot
ing was over, when we went to him,
John Galloway was dead; these three
men made their way out OF the saloon
as fast as possible; the shooting was
done with pistols; | never noticed Mr..
Witcher's pistol until he fired.
Cross exam ned Three shots were fircl
altogether, not more than three; whom
these men went out | and Chappcral
went in, and another woman named
Willie, ] can't think of her other name,
camO in ten ar fifteen minutes after the
shooting; Chappcral and stAid i'm thcrp
until one man came in; this woman
lived right up there by Jessie Reeves.
it was not more than ten or fifteen min
uteS until man came in, and as we
three women were prostitutes we were
afraid of being arrested for being i'm n
saloon and left; and Chapprrnl camc
back to the window afterwards; after
we went out we went right over to the
Cowboy saloon; guess we staid al the
Cowboy a halt hour, maybe longer: after
we left there we went back to the Santa
Fc, We went to the window, lust and
Chapperal; she did not ask to 20 in or
who did tho killing that | heard of;
neither OF MS asked these questions ;
Chapporal had nothing to say of any
her best friend was killed.
was standing at the back door of the
saloon when these melt cRWC in; stood
IN tue door until the shooting was over,
| stood in the middle of the door whom
the first shot was fired, then | leaned
over against the door-faClng and the
other shots wcrn fired; my face was to-
ward John Galloway while the shooting
was done; thoro was no one In the "a, loon
hut John galloway aud these three men
when the shooting was donc.
denomination did not scream or
make any noise when the shooting was
done; ! have been around whore there
was u heap of shooting, and have been
shot time or two myself.
Adjourned till $50 p. IN.
q. G, Mcllam was sworn WnS at
home asleep on the night of the shoot
ing; was sent for aud went To the saloon
might have been half an hour after be-
fore got there; saw the wounds; The
here described the woundsG found one
hole in wall; one wound through the
head, one in right side; one In leg, which
came ont little lower down;
one hole was found in the
buck part of bar; another went
through mirror into restaurant,
'N'aN' Wv WV iNAA'AN AllNA MNIN lOnnI
after the shooting; they are not of the
same calihrr; have had experience with
pistols all my life, know the kind of pis-
tol Joe Nllcher carries; IL is a Is; don't
know what the Rushing pistols are; AS
far rs ! know the feeling between thu
deceased and Wi,chcr was good of my
own knowledge Ito not know what the
feeling between Galloway and the Rms :
lngS, only nom horesuy; Galloway \
head was lying to the east when | sot
there; there was II broken glass living
Il ere near him.
Cross examined-Had frequently seen
Whether and Galloway laughing and
talking together prior to shooting;
shortly after sunrise the cook called nv
attention to the bullet In the restaurant;
don't know whore ball fell that | sn,y
1t passed through the glass and strip
of wood that hung down, half inch
strip, aud then dropped down; II first