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

wagon and fight you; i uIu ho, se'
Q CuDningham's pistol until | saw MN
shoot; I was watching Mr.. Fleming
more particularly, and saw he had
pi.tol i'm his hand; he drew his re
volyer and lowered his hand; he was
standing u little to the west ON Hard
ing and a little to the south on wealth
efford."
Cross-examined: az was In the
, kitchen preparing supper; Mrs. MUIR,
phy was at our house at the time; |
heard angry voices, but could not rec
ognize them: 1t was loud and angry
talking. When | got on the porch |
saw Mr.. Cunningham get out OF the
wagon: Mr.. Ferguson got out before
he did. Fleming drew his pistol about
the time Cunningham got out of the
wagon; after the shot was fired Mr..
Fleming fell and Cunningham adj
yanced step or two as though to fire
again; he then said, there 1t is, and
afterwards, Il will go up town and give
myself up' he then got in his hack and
drove of up town."
AFTERNOON SESSION.
Mr.. Il. J. Parker was placed on the
stand and testified: II knew Cum
ningham and Fleming; / was deliver
| ing groceries on the 9th of November
to Mrs. Williams who lives the second
door west from Mr.. Hollis house; Gun
ningham passed in his wagon and then
Mr.. Fleming passed by me walking in
the same direction; heard loud talk
ing; saw Fleming standing in the
street with his pistol in his hand;
heard Cunningham say, You have
been carrying pistol for me all day.
Cunningham then got out of the
wagon and said, You have
got pistol in your hand now
"Cunning ham swore several oaths. 1
did not hear Fleming say any thing eX-
cept to tell Cunningham not to come
near him, aud saw him wave his hand
in the direction of Cunningham
house. Saw Cunningham shoot and
Fleming fall. Knew nothing of diff.
iiculty until heard loud talking. If
Fleming did anything at all with his
hand | did not see it.n
Cross examined: "Fleming did not
draw his pistol until Cunningham had
ten testimony of this witness intro
duced at the preliminary trial was pro-
duced, and it was pointed out TO him
where he swore in the preliminary
trial that Fleming had drawn his pis-
tol before Cunningham had got out of
the wagon, but he said his recollection
now was that the pistol was drawn
after Cunningham got out of his
wagon.
MIR. l. b. TUCKER.
Il was acquainted with both
Fleming and Cunningham at
the time of the shooting.
| lived on East Weatherford street
near where Mr. Fleming was killed; |
arrived home between and g o'clock
that evening; l was sitting on porch
fronting west; heard disturbance in
the street; asked my wife what the
trouble was; she went TO front porch
and said Cunningham and Fleming
were quarreling; she came back n
short distance and motioned TO me; /
saw Mr.. Cunningham sitting in his
wagon; then saw Fleming shifting
pistol up and down; Cunningham
then got out OF the wagon, and said,
You drawed pistol on me;' he put
his hand to his bosom, drew pistol
and fired; | then turned my eyes to
Mr., Fleming and saw him fall.
Fleming was facing Cunningham
with his right side towards me. The
heads of the horses to the wagon were
turned almost north. The wagon was
about fifteen feet from Mr.. Hollis
fence. Cunningham walked M and
down the street several times after the
shot was fired"
Cross-eXamined: cunningham was
nearer to me than Fleming. When
made the remark abnnt
the pistol Fleming had his hand on
his pistol. Fleming fell on his right
side. do not remember the position
OF his arms"
The written testimony of
Np q g pppoYso>
one of the eve.witnasoas io,ra,,ooa
the nrelini1orv trial n,ns ~ ~, aoeI az
the iurv Mr. Ear1',,s "a' t Leu ien W
SIM ia shontina ooenr.ad "''ps uieu
~ r., ma,,,' =. was
In his nrevinns ,sstin, ao,.s ,,' testimony.
had stnted that 1Eiaminyr I hn Wines
in his hand wban tha mau pistol
backed around sn M ~ ne eon wagon HWa was
es' 49, aIounu, SO us 10 lace Weather
HI 1870 49,, anu .iae Wneh ne was shot
him When cnpn Psi, meie IN front OF
tol. Cnnninnham,e nam nieu MS pl5-
FIeminn frnS " ~ nsu psen cursing
WAGON Nth WIG une gov IN the
myseif cot n,t Suhhihshani ana
saine tine. ~ T,n o .ne wagon at the
inm h.d hea .unmingham sald fiem-
al da ~ Ualr sihg pistoi Tor MIN
noe H. ,he sh ""n eoo ~ coward TO
after cnnn ,h. mns iileu very quickly
'. hal