Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-04-23
L. weatherford
street..

4. Where Cunningham stood.
u. Where Fleming stood.
| 9. CuuninRham's wagon.
ID. Where Holt and Ferguson stood
r. House where Mr. and Mrs. Tucker stood.
i. Mr.. Hollis house.
q. Where n. Parker stood.
AL fifteen minutes to 10 o'clock, Mr.
Rhea Bowlin, of counsel for prosecu.
ton, read the indictment to the Jury.
The first witness called was
W. l.. HOLT.
He testified as follows: az am ac-
quainted with w. l.. Cunningham,
and knew Maj. Fleming; | had known
them for several years; / reside on
East Weatherford street, about ten
blocks from the public square: the
shooting was on the 9Th of November
last; on that evening | was i'm town.
at half-past five O'Clock | started for
home was overtaken by Mr.. Charlie
Ferguson; we were talking of some
work; about the time we got by INV
fen 'e, wagon stopped in The street.
and Cunningham, who was i'm The
wagon, said Charlie, don't YOU want
TO rife home;' Charlie said
Yes and got in the wagon:
Ferguson stood up in the wagon
behind Mr.. Cunningham and Cnn.
ningham's son, who was with him.
heard Cunningham say That id old
s. OF q b back there and heard a
remark behind me. AS looked
around Mr.. Fleming was coming on
the sidewalk; he put his hand behind
nm In his hip pocket as he did so.
Cuhningham's wagon had started and
cunningham used vile epithet and
sa'a some one had been carrying "A
pistol FOR him. The wagon stopped
aiouhu the corner of Harding street.
auu as IL did so Fleming was passing
cunningham who kept saying some
tnlng ABOUT carrying pistol. AS
rieihlhg passed he stopped near the
center OF the junction OF Weatherford
and Harding streets, aud / heard loud
taxing and distinguished Cunning.
ham s voice as he was eur. ing FleminS
l heard Fleming say, Now, Cunning
ham, you go down home, and he
waved his left hand in the direction
of Cunningham's house. / then heard
Cunningham say, You have been
carrying pistol all day for me. Int
you are too big coward to use 1t -,
"A few seconds later | heard Cun-
bingham say: Il will get out of the
wagon and fight you.' His son CAUGHT
MN ny the arm and said sometime TO
MIN. Fleming drew pistol as Chm
ningham got out of the wagon and
said Cunningham, don't YOU come
any nearer to me- / was then stand.
ing by my front gate on Weatherford
street. Cunningham ran his hand i'm
ms breast pocket and pulled n pistol
ana hred very quickly. | saw Elem.
ing fall the instant the pistol went Off.
cunningham said to me, He had n Mis-
tol IN his hand before i shot him,
! saiu, That's none of my business. but
yourself up s'''
NV Mr. fieming lived on n lot on East
Weatherford street, east of me. When
l nrst noticed Fleming, Cunningham
was moving. | had not heard any
,hing OF the fuss before
neard Cunningham curse Fleming.
hhey were thirty'one feet apart when
me shooting occurred, for | meas.
urea the distance the morning after.
W men the wagon was backing. Gun.
nigham and his son both had hold M
the lines but Cunningham hands were
IN 'front.' OF his son's.' Cross examjnn.
lion; II am well acquainted with Gun.
bingham; he generally talks loud. I
am carpenter by trade; Mai. Elem.
Ing was putting his hand on Ills nistol
when first looked at him; the wagon
was covered and had u ton: / saw
through the back OF the wagon when
II backed just before Cunningham got
OUT do not know when Cunninv.
nam caught hold of the lines.
! cont know who stopped the horse
~ the time the shot was fired / was
looking Mt Cunningham; il was The
quickest shot ! ever saw, the whole
transaction was very quick; Cunning
nam ala not advance step after vef.
tlng out Of the wagon; / don't know
WHAT Fleming was doing when the
shot was hired; ] ran In the house to
tell the women folks to keep quiet. /
only remember one who was there
Mrs. richard King; Fleming fell on
MS right side with his right nm
slightly raised and his pistol living In
'front.' OF him; his face was towards The
pace where cunningham stood when
the shot was fred
Redirect; II think the curtains on
we WAGON were raised when it turned
uIWn Harding street; saw both Can.
mn ghum ana his son haye'hOid OF the
lines; Mr.. Cunningham lived about
two blocks from my house on second
street, ''s0o'"
MRS. 1. h. TUCKER
testified as follows; II was Acquainted
with Mr.. Cunningham and MI. Elem.
Ing; remember when Fleming was
Killed; i was living on the corner ~
Weatherford and Harding streets
when the shooting occurred: | was IN
the cook-room when heard loud talk.
ing, and walked out on the porch,
cunningham had just stopped and
rleming was IN the center of fhe
street; Cunningham said: .You foI.
lowed me with knife yes erday and a