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

continuation Of yesterday, p suuhihAl
Of the evidences as given io.eay IS To-
lows:
Andy Rayne 70 the state said 10 SUB
stance. That he MAS near the defendant
and the three smith boys when the shoot
ing commenced: thst from what he ha'
heard be wss expecting shooting % TAX
place when they NETS that when ih'
three Smith boys were coming ~ z
where NcCloud was digging post holes
he (wltness) was near the def ndants,anc
he heard Douihitt soy, "YoBder come.
the boys just 90 and meet them" and
Donthitt, Thompson and Dawson picked
40 three Winchester rifles aud started IN
the direction of the Smiths The witness
told Thompson not 70 So, but he picked
up bis gun aud went. The witness got
ON his horse ana started 70 ride of and
turned biz head 70 keep from seeing the
shooting. lie way some hfty
yards away just after the shoot.
ing was ended. lie looked around
10 time % see two Of the
Smith boys, Elmer aud Jim, fall out Of
the wagon. The witness stated tnat be
does not know who did the FIRST shooting.
he then rode of and the defendants
started % Henrietta
Mrs Smith, the mother Of the three
Smith bOys, then took the stand and
stated 10 substance, that she heard the
shooting on the morning her children
were killed, that she started at once to-
ward the scene aud met the horses and
wagon coming back 70 the house. She
caught the horses aud drove rapidly back
70 tne boys Louis Smith was still alive
and beekOued 10 her 70 come 70 him. jim
and Elmer Smith lay dead but few feet
from Louis Louis said 10 her that
D0uthitt had Killed Jim and Elmer, and
that DC lLOulsJ was shot IN the back, In
the spine, and he thought be would die.
Mrs. Smi D then cav some Of the parties
on some distance who had been witnesses
20 tde killing, and went aud asked them
70 please come and help her put her chill
dreu Ia the wsgon, aud finally got one Of
Them 70 assist her. She never heard
Louis speak any more, but he continued
% breathe while longer. When she
1r5t got 70 the ground jim was lying with
IFS gun across one arm and Elmer YVES
lying but O fen feet from where the wagon
had stood, aud a gun was not fir from
him on the ground Sine said that her son
Louis owned and possessed the land
where the work was going on, aud said
that DOuthitt was trying 20 blum them,
that Douthtt had sent Louis word that
be must not come within 300 yards Of
him, that he (DOuthiu) was going toI
build that fence or night some one, that
he had about 800 10 II and nc was not
going 70 lose II, that Louis he'd stopped
hands from fencing on his land a short
time before, aud that he saw them carly
on the morning Of the Killing digging
agaiB, and IN a few minutes after tho
Smiths had heard about Douthitt com.
manding Louis not 70 come within 300
yards They said they were going TO
protect their property, aud jim said that
there was no dagger In DoUthitt, tlat nc
was only blowing. The Smith boys said
they would take their guns down for fear
~ an accident, that they might have 10
defend themselves, but they never appre-
hended any trouble, as they never intend
ed to shoot as long as It could be avoid.
ed, They believed that Douthitt thought
because they had good morals and did
not curse and use bad language to MIN,
they were towards
No witness ever testified that there
vas any gun near LOWS at the time Of
the shooting, but that there was none as
he had a spade IN his han and was put
ting dirt In a hole He (Louis) told his
sister Just before he died that Sterling
Dawson shot him, Tho evidence shows
that Dawson was some ten feet or so be-
bind Lonis with gun in his hand, ald o
gun was heard TO fire there.
g 9. Wright then testified In substance
that he was shenff Of Clay county ANA
examined the Smith boys guns at the
corouer's inquest, aud that the two
dOuble.barreled shot.guns each had no
empty shells In Them that these q 30
guns had the appearance Of having been
shot recently,
VIII Britton, deputy sheriff, statcd
that when the defendants came IN and
surrendered themselves he examined
their guns 10 see II they had been shot,
He found that Douthilcs and Dawsonis
had been. cred and that ThOmpson's had
not.
Frank Collins, an Italian, was then In.
troduced by the defendants. He saw all
The shooting, but he did not know who
commenced IT, flo was excited and was
about one hundred and twenty-five steps
away from The grounds. The first he saw
fN't N'NN AfRAfAAAhh NHN OAAi f1lnlAu lNN
their guns presented at each other, and
that IL appeared To him that both guns
went on, but he does not know which
shot hrst. Jim then seemed to Jump ont
Of the wagon aud run around at the bead
Of his horses aud lire toward Douthltt
again, and then Douthltt shot and Jim
ten lie thinks that he note ID Elmer
smith and Sterling Dawson with taelr
guns presented al each other, but would
not swear 70 this lie said that the
whole thing seemed TO have teen done
within four seconds lie thinks Jim fell
about two seconds after ne got out OF
the wagon He tthe Wtness) was work
ing for the defendant, Douthitt He had
Just sold his gun 70 Douthilt few
hours before the shooting took place
LOUIS Smith had stopped him from work
Ing on the fence and Douthitt had told
MIN TO 80 at u again Douthltt had
gun lying on tie ground near whore he
was working lie had not been In the
hapit OF keeping gun out where be was
az work. lie had not seen any gun but
ulN own ON fha nrantie aa hag,ea h.. ,.,a.,,