Waco evening news. (Waco, Tex.) 1888-1889, 1888-08-25
PRELIMINARY HEARING.
jim JONES ON TRIAL FOR Kill
LING ENGINEER MOSES
Evidence Continued from 3 p. m
Yesterday Numerous Wit
nesses for Defence.

mony of Capt. J. NJ. Waller, of Hal
& Walters detective agency, two wit
nesses being held in reserve by con
sent of the court.
The first witness for defense was
Chas. r. Battaile, on whose place
Jones lives. He testified to Jones be.
ing at work on the afternoon of the
wreck and was followed by his broth.
er, H. Battaile, who also testified to
the presence of Jones during the ma
jor part of the afternoon. This morn.
ing the first witness examined was
Chew Battaile, witness for the de-
fendent, testified as follows: III re-
member wreck on the Central last
or August, and WAS Mt home at the
time, about shutdown 1 was at home.
Jones was at our house at shutdown
and left about dark. 1t is 1895 yards
from our house to the cattle guard,
and there are three wire fences be-
tween our house and the cattle-guard
There was no time from shutdown
till dark that Jones could have
gone to the cattle guard where the
wreck occurred and back without my
knowing it. l think it was about 6
o'clock when he left our house with
Annie DAVIS. l heard the whistle at
the time the wreck occurred, and
l think it was about twenty or
twenty-five minutes after Jones and
Annie Davis had left our house. 1
think 1t was about five minutes be-
fore got to Jones' house after heard
the whistle. got up Off the cot and
put on my shoes, socks and pants. /
went to Jones'. found him there
sitting in the door, and when 1 got
there asked him if he wanted to 90
up the railroad TO that noise, and he
said he did and went with us, and
returned with us. My two brothers
and cousin were with us. did not
60 and come the same route. We
went right across the field going to
the wreck, and had to go over the
wire fences. We came back through
the fields, but another way along q
path.
Cross examined by the the state.
had conversation with Mr.. Wal
Ter the next day after the wreck. l
don't know that told him that the
negro left our house at 7:15. III sta
ted that it was correct. 1 don't know
at what time exactly the wreck oc-
CURED. When 1 got to Jones' he was
IN the door; looked like he was put
ting on his shoes, hut 1 never paid
any attention to him. In going over
the three fences, the first was not u
rail but wire fence. We got through
it by pressing the wire down and
went through the others the same
way, and it did take some time that
night, because 1T was dark and there
were some weeds. They are all wire
fences.
CrOSS eXamlncu:
l had been hauling wood with this
negro and cousin and commenced
ut $50 in the evening. The wood
came from up by the side of tho rail-
road, and we hauled till about all
hour by sun and Jones went out to
attend to some fodder and WAS gone 20
Dr 30 minutes after we got there; 1 did
not see him attending the fodder. 1
suppose that he would have had time
to go from our house to the cattle
guard and back in the 20 or 30 min
ute. He came back before shutdown
and was at the house till about dark.
think he had gone the last time
from our house not exceeding Is min
ltes till heard the whistle. 1t was
about 8 o'clock or little after that
he left our house the last time,
The train come by our house about
$40 by our time. talked with Dan
Ford and Dee Cook that evening after
The wreck. Jones said to me that the
'ailroad would wish they had paid
nim for that colt before they got
through with him. That was some
lime before the wreck. 1 did not
know there were several attempts to
wreck the train along there till Mr..
Waller told me. That was the only
time he made any such remark to me
ind I don't remember where it was
but about the house some where and
don't know what I said if anything,
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