The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-04-10
REESE ERWIN.
THE FIFTH DAY OF THE STRUG-
GLE1THE DEFENSE MAKING
A HARD FIGHT.
The Effort of the Defense Was
All EXerted to Prove Cow
ingtOn'S Threats.
A Brief Outline of the Evidence
On the Trial Omitting
UnimpOrtant Parts.

,
j. Il. Miller: Was in Manor Il
day OF the killing of Covington. B
tween ten and twelve in the for
noon, Erwin came into my war
house. l called him one sic
and told him 1 had heard he an
Covington had had a difficult
He said they had. l then asked hil
if the matter could not be adjuste,
and he said that his father really wa
the person who had Covington Al
rested. He then said he wanted to sc
one of the theories legally settled, II
ferring to the lind troubles, and the
he went on to say, "Covington ha
abused me, and he has to apologize.
This was said between ten and tWelv
of the same day of the shooting
When l mentioned to him abou
the matter he said he has to apologiz
to me for the way he has abused me
and if his title is better than mine
will apologize to him." He said
"Covington's title to the land might b
good and if n y title is "no good " "thel
| will apologize to him for trespassinl
on his land"
The cross examination brought ou
nothing new of Importance except /;
threat made by Covington to whip tn,
defendant with rope.
Billie House: 81 saw Erwin about
3 o'clock, before the shooting in DR.
Greggs' Office. DR.. Greggs and VIII
GreggS were also present. Next
saw Erwin in Betting's Office. Pau
Wilson was there. Erwin asked me il
| had ever heard Covington say he in.
tended to take his rope to him. He
said he had so understood 1 had heard
such threat. / told him 1 had not
L left and went to the depot
then walked to the southeast
door of BItting's store, got on the
platform at the south door and walked
around the corner. There was no one
at the southeast door but Covington
when 1 got there. Col. Rainey, Henry
House, Jim Ditto, Ballister and Cam
gilis who came there. l met him here
about ten or fifteen minutes before
the shooting. Reese came from the
direction of Britton's office, and turned
the corner. l was talking to Cov-
ington who had his face to the
north. AS Covlngton discovered Er-
WIN ne turned and faced him. Erwin
went in at the southeast door nei-
ther spoke. 1 remarked to Covington,
Covington said, al will" After En-
win passed in at the southeast door in
about ten minutes l saw Erwin stand
ing lin the northeast door. Coving-
ton went back around the southeast
corner of Britton's store, and
came back again to the southeast
door and then Erwin was standing on
the north side of the door leaning up
against it, looking towards Lewis
store. CovlngJon passed on directly
up the platform, and when he got to
the northeast door where Erwin was,
he put his left hand on the door fac
ing, standing outside talking to Reese.
Directly both Covington and Erwin
went into the house and 1 could not
see them. In about two minutes 1
heard shot. 1t might have
been five minutes. Col. Rainey and
myself were there when the shooting
commenced. l was trying to get
around the corner. The first shot was
in Bitting's store, north end. Almost
Immediately I saw Covington; another
shot was fired, however, before saw
him. He came out with his back to
the door and his face towards Lewis
storehouse. His left hand was hang
ing down. The right hand l did not
see at all. started to run
around the southeast corner and
the third shot Was fred and l was
hit. L got around the corner of the
house and stayed there until the
shooting was over. Reese Erwin
passed me there, and then went back
around the southeast corner. Here l
SAW Covington lying on the ground.
Erwin soon returned from around the
corner and had rifle in his hand.
Col. r. spoke to Erwin, and asked him
if he had shot any one. told him he
shot me. Erwin said he was
very sorry for it. After
Erwin passed around the corner; there
was pistol shot fired; saw no pis
tol or other weapG, CovingtOn's
hands; the first wo shots were close
together, like this-click. click.
Nothing new on cross-examina-
tion.
James B. Levesy About ten min
utes before the shooting l observed
Erwin sitting on the counter;
Erwin was talking to Charley Bell; l
was near.
Ernest Butler: Covington first drew
his pistol at southeast door and after
he got up facing east.
CROSS EXAMINATION.
L saw the last two shots fired. saw
Covington as he was strengthening
up. His face was northeast He fell
partially down on one knee l think.
His face was northeast. He
here drew his pistol out of
the scabbord. He cooked the pistol on
the ground and kind of walked no
the ground. Erwin fired at him when
he was on the ground and then ran
around the corner"
w. G. Crockett: "I was formally
justice of the peace of Manor. Gov
ington was constable for seven years,
the first of November and up to,
and the additional time from Novem-
ber to his death. He wrote with his
right hand. Hid shot with his right
hard"
Nothing important on cross-exami-
nation.
L. d. Covington, jr.: "Wm. L. Jack
son was an uncle of mine. l know
the tract of land near Manor known
as the VIM. l.. Jackson tract. My
father had been paying taxes on it since
1865 or 1856. Mr.. Jackson stopped at
our house, and / asked him if could
handle the land. He said l could take
it and use it as long as / saw proper
He said he wanted to keep il
Tor his son. 1 occupied it awhile with
my cattle and then l authorized Mr.
Covington, John Rainey and Sam
Hill to occupy it. This instrument
(shown witnes9 is genuine one that
I gave them.
Nothing new on cross examination
Here the evidence for the state
closed.
A. L. Hill: The day Covington wa
killed 1 was in Manor; saw Erwin there
met Erwin going to town, and h,
asked me if Champion was in Manor
/ replied that he had been there.
didn't understand him to make an,
particular threat at that time. Showet
me some papers regarding the dis
puted land. I do not know whethe
he was armed or not"
| Theo. Wehning: Il know T, W