The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1885-07-02
THE WEArnERFORD ITEM
HOW JAMES Lst WAS KILLED,
witnesses Testify Ia Regard 10 the
Awful TrsEs5y-sis buiiets In
Tse's Body-fhe Days Ht-
cord OF Crime,

ooiofo JonH W. oN"Nioss w :"
II. Milliken aud Fred DeSmlth
as his accomplish, charged with
tho murder OF James Lee,
was called yesterday at l'30 p. m.
A. Stephenson, county attorney, as
sisted by Hareorrt IL Ball, appearing
for tho State; Messrs. Mccall & Nc
Call, Il. q. Bidwell and Lanham a
Stevenso for the defense.
STATE WITNESSES WE'RE.
John w. Fonsler, 4. III. Spstrow. d.
III. Heughton, VIM. Miller, Il. Llsk
g. M. Bowie, NJ. Il. Bruce, DIR. Z. G.
LeGrand, DIR. b. w. Nolin, j. Il. Dun
bough, Ira b. Taylor, Wright Taylor
A. n. Grant, Charles Debricks, +. y
Sheets, Mr.. Gass, j. III. Canes, Tom
Hannor, j. NJ. Martin, Mr.. Fletcher, s.
d. Thompson, ii. smythe, John
Honey, j..
WITNESSES EoR DEPENDANT.
j. J. Hittson, James Mckee, $. III
Mil'ikon, #. @. Gallagher, u. II. Mill
ken, Louis Penn. ii. NJ. Kidwell. 4. s
Simmons, M. ". Bus VI, 5. Walker
George p. Levy, w. Il. Classic, X. j.
McCraine, w. II. Virgins, q. S. Penn
George Cooper, A. l.. Morris, j. 3
Soarr, Il. Penland, j. X. Mckenzie
barry Hamer, M. 7. Kerr, Or. Me-
Queen, @. 0tterbein, o. III. Garman
MIS-. IfhultT, ". II. bOWuhhut ohiiI
Taylor, Oscar Langley.
FRED. DE SMITH
was put on trial first 81 an accomp &C
to the murder.
JOHN W. FANcHLER
was tho first witness called. He testi'
fled as follows: witnessed the shoot
ing in the Office of Elliott IL Rec, on
Juue 10, 1885; II was 0 o'clock a. M, as
near as remember; Mr.. Sparrow anc
Fred DeSmith were present beside my
self; whel / first saw James
wall''Lg side by side IN front OF
Laing's saloon as though they were in
company with each other; they were
walking ut rather 4 medium gait; 90
not remember If they were tslFing 81
the time; when / stepped in
the Office at the south
door Mr.. Milllken asked me If Mr..
&C oper lad returned from Fort
Worth; Mr.. Milliken vas on the out
feet from the south door; Mr.. Dess-
meth was not far from Mr.. Mil
liken; do not know u he
was Just beside him or not;
l think Mr.. DeSmith stopped
about the time that Mr.. Milliken spoke
to me: I do not know whether Mr.. Lee
was sitting so that he could see
through the south window or not. Mr..
Leo was sitting in the northeast corner
of tue sitting-room OF the of1ce;
there Is o double door on the east side
of tho office and single door on the
south; the double door was wide open,
as we always keep it; when Lee got TO
the office he sa. down, placed one
paper under his right leg aud ke2t
one 4 his hand - read;
when Mr.. Milliken stepped In the
south door of the office no made a
short stepto the right and said some :
thing, but do not remember what 1T
was; Mr.. DeSmith was Just beside him
stepped to the right, drew his pistol,
spoke and fired; the way was clear be-
tween Mr.. DeSmith and Mr.. Lee,
when Mr.. Milliken stepped to the
right; think about the time Mr..
Millikin entered and stepped
to the right he 81 oke and
drew his pistol and tired
when the first shot was fro Mr.. Lee
made spring, or fell, toward Mr..
until the third shot; the shots
gether as a person could fire them;
could dis .invtly hear three shots;
after Mr.. Lse struck the floor Mr.. Mil.
Uken fred two or three shots; do not
remember how many: Lee scrambled
rather away from Milliken from the
east door; did not get up
after he ioll; 1 s saw MI MI:
Mr.. Lee was lying with his head
on the carpet strip OF the east
door and was not moving when the
LAST shot was fired; was lying face
down; Mr.. Milliken stepped toward
Lee, rather close-almost over
him and put his pistol within
foot aud half, or
nearer and fired the last shot; the ball
entered the back Of the head and came
out at the front, on the upper mp,
under the nose.
MR.. j. NJ. MARTIN TESTIFIED
that he saw Mr.. Milliken leaving the
office of Elliott 81 Roe with pistol in
his hand and that he appeared to be
handingit to Mr.. De Smith.
MR.. F. H. SPARROW
testified that he was in the office when
Mr., Milliken and Mr.. De Smith en-
tered and that Mr.: MILL
ken spoke the name of James Lee
and commenced firing immediately;
Mr.. Lee did not leaye his chair OF say
word until Mr.. MilliEen tired Tue
first shot; thai he SPARROW left the
Office and did not return until the last
Case continued until 9.o'clock We'd
nesday morning.
yesterdays PROCEEDINGS.
Testimony was continued in the case
of the State of Texas vs. Milliken and
Desmeth.
WIN. MILLER
testified that he saw the last shOG
fired, but he heard all the shots fired
he could not see the man that was
doing the shooting on account OF the
door frame; he could see the arm,
hand and pistol OF the man that fired
the last shot, but could not see the
man himself; he saw Milliken and
Desmeth leave the Office of Elliott q
Roe after tho shooting; saw them
walk UP the street toward the square,
but did not see either OF them carry ing
apistol.
DAVE HoUGHTON
testified: Was at the Crystal Palace
Roller Mills door on the morning OF
June Is, 1895; was about 125 yards from
Elliott q Roe's office; heard the
\ shooting while standing there; there
were six shots fired in all; did not 81
any of the shooting; when heard the
she citing made the remark, "What's
that?" then saw Mr.. Sparrow leave the
doorway leading to the sire ct; then
/ broke and ran toward where the
shooting was; the shooting was just
over when l got there; was about
half way when the last shot was fired
saw the smoke of the lr 1t shot and
1t struck the back of the head Of the
man that was down; did not see any
pistol or the man that fired; did not
SEQ Milliken or DeSmith after / goi
there; did not see any weapons there
Cross-examined-W in the middle
of the street when the last shot was
fired; saw Mr.. Eanohier COMM z
the last shot; did not see anyone OF
ANYTHING in the doorway, except the
mans head lying there; Fanchler was
xuolLino rothar fast