Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-07-13

Wellington Ola uOlItMtihvtt ~ e--s '''''
said between himself aud Louis smith.
YESTERDAYS TESTIMONY.
special 70 the Gazette.
/ HKSRrYTA, TEX, July l2.--W. J VII
Hams was introduced by the defendant
to-day and testified among other hings
I knew the Smith boys. saw them me
morning Of the killing. Lewis and Jim
/ borrowed q shotgun fran me On ihAl
morning do not think i wss loaded.
/ I had shot esch barrel the SATURDAY De-
/ fore. took the shells out. The gun
had not been cleaned for some time. ]
never looked a. Il 70 examine u before
/ be took st. ] next saw II 81 the csTontr :
inquest over the dead bodies OF me Smita
boys. Il had two paper shells IN y which
seemed 10 hare been fresa shot, out the
muzzle Of the gun did MT have ihe APP
I pearsuce Of having been s1oi recently.
The breech Of the gun where the car
trdges were seemed 70 be oiled. u nave
handled guns q good deal The bulls evil
IDENTIFY had been shot that morning, but
the muzzle and barrels OF the gun were
perfectly dry. aud | could not tell whether
the gun had been shot within a week be-
fore the killing. After gun lies an hour
or two and gets dry you can't tell
HWAaNNA ~ has WNNn saw AAANAN W NV
The single-barrel gun there was Lee Will
sons. II mad not been shot. think the
Smith boys got 1.-two OF three weeks before
the killing. The single. barrel gun had a
cartridge In Il marked 3, which usually
stands for buck-shot. The three guns
were No. 10. The other double-barrel
shotgun w3s In the same condition as
the frst one named.
ffgoce-asr rftf ra. 1 hon rfi fne ahppffuy
on the morning Of the killing. was a
mile and one half or more from the shoot
ing cannot say how many shots we're
hred. ! thought ! said az the time 10 an
other, "Di1 you hear those five shOts?n
They were fired very rapidly and could
not tell how many I could not tell
whether II was a rife or shotgun that
was shot. On the day OF the killing ate
dinner at Mr. Butchers house. Butcher
was mol there
Redirect examinations guess | heard
the iifst talk between Mr. Butcher and
Lewis Smith In this matter II was
IN front Of Smiths. J was with Mr..
Butcher. Mr. Smith called Mr. Butcher
and asked him what he was going to do
about that claim, ana Mr.. Butcher said,
Lewis, thought that had been settled
long ago, that you didn't want 10 20 TO
law and had given II up" Lewis said |
that he had not given it up and that
Butcher went on 1t without his leave, and
that he had paid money for the land, and |
that's he either wanted to buy the land or
Z pay for It. Mr. Butcher said he |
bought the land from Angelina county |
with the improvements, but he did not |
want the improvements, and then Lewis |
nal pl tlTIfHhla 20 kn traHttrlH aaIl Ira h.
land. Lewis said he considered the land /
was bis Mr. Butcher said the land was
-he company's He "a the manager Of
-he company. Mr. Butcher said he
wanted no trouble, that If the land be- 1
onged 10 Smith 1t was all right; but Il it |
was the compeny's land he wanted it. |
Butcher said that he would write TO the |
company and consult them ! think both |
hen said that al they wanted was what
was tight In the eyes Of the law, and |
parted Mr.. SmlCh said; al you don't |
sci II TO me ! am going 10 nave pay for II |
some way
Rs.cross examination / noticed no oil |
ibout the single-barrel gun atthe inquest.
Ehe conversation spoke Of between |
Butcher and Lewis Smith was between |
one and two weeks before the killing |
The claim spoken Of was the Jack Hnley |
claim. Butcher said that he had seen
the quit claim deed that Mrs. Haley had |
given Smith
Redirect examination: Since Haley
moved of the claim Butchers hands, Doc
Thompson and Sterling Dawson, have
been occupying the Haley house in the
summer time. think Jack Haley lived
on the place for two or three years.
a. V Winter, sworn, was introduced by
defendant, and testified as follows |
Doc Williams Of Weatheriord and myself
examined the Smith boys gaus at he in
quest. ! think the two double.barrel !
guns had been recently shot judg
from tue cartridge shells in them.
CrCss-examlned; He said tho oil on
the shells in the guns looked fresh. From
the appearance of the muzlles of the guns
they seemed not To have been shot for
some time, They We're white In the muz-
zle. When FIRST went there the single
barrel gun and one double.barrel gun
were IN the stable and one doubled barrel
gun WAS IN the wagon. Numbers OF PEG.
pie came and went away, II was abou.
y O'Clock in the evening when we exam
ined the guns. Mr. Lakewood, counsel
for defendants, and several Others have
been In my store looking at these guns
since the inquest and they could have
been handled frequently since have had
them there.
T NJ. Mcclure, the next witness for the
defendants, testified as follows exam
med some guns In Mr.. Winters drug
store in Henrietta about O'Clock on the
evening OF the killing. looked through
one OF the barrels OF one cf the double
barrel guns, have handled guns since
! was Il boy. can tell by examining IA
gun whether 1t has been shot since clean.
Ing, and the one | looked at had been
shot. cont claim to be an expert but
a gun shot with low grade Of
powder will turn white after
shooting quicker than It would II shot
with good powder, | think the gun had
been shot recently. gun that has been
shot viii turn white inside us it dries
The other double-barroled gun had the
same appearance. | am tfty.one years
old.
Cross.cy AHMED, ne said would not