Waco evening news. (Waco, Tex.) 1888-1889, 1888-08-24

in at II hands high and he would no
agree to anything less. (The Letter
was shown the witness and he recog
. nized 1t as his. The letter was
offered in testimony That is al
that was said in regard to the horse
! 1 heard him say that man had to
lose his property and not get his pay
for 1t. He said that he wanted the COM
pany to pay him one hundred dol
lars"
Cross examined by the defendants:
at was two year old colt that the
defendant was talking about. He
told me the colt was that high az
hands.")
Mrs. n. f. Smiley witness for the
state, testifies: have not been talk
ing to anyone about this case since I
was summoned as witness; I did
talk to Mr.. Battle yesterday at Ge-
neva; he came to me and asked me
what knew about it and said that
he thought would make good wit
ness for the defendant; he did say
that he WAS looking for witness for
the black man; / live about mile
and half from Ell Mott postoffice.
1 went to Ell Mott the evening the
train was wrecked; I had to go
through lane passing by Mr.. Bat
ties house and by Jim Jones'; cross
ed the track about half n mile from
the wreck; came back the same way
about o'clock; did not talk to any
one that evening except my nephew
a few minutes, and after that 1 went
on home between 6 and o'clock and |
the sun was down; l was foot; I saw
Jones inside Of Mr.. Battles field as / |
went home on the side next to Waco
in the edge of the corn; I didn't pay
much attention to how he was going:
l was going west and he was going
toward the railroad; he had his hand
on his hat on his breast; he was COM
ing like he was coming from up the
fence going from towards Mr.. Battles
house towards the railroad he was
walking as he usually walks; he was
not going in the direction of the cattle
guard but in the direction of the rail- .
road; if he had gone on in that direc-
tion he would have missed the cattle !.
guard about quarter mile guess. J
Cross examination by defendant t
1t was just after six o'clock when l
left Ell Mott that evening; 1 went di- =,
rectly on home afoot; was going
nearly due west; in going from Mr.. .
the way he was going he was
going in the direction of his own t
house; 1 can't tell how far it was S
from where / saw Jones to the cattle
guard, 1 suppose that it was half +
mile.
Re-eXamined by the state.
l saw no one else with Jones.
saw Jones wife when 1 passed there. y
only saw Mrs. Battle at Mr.. Bat
les, and she was in the dining room
1oor.
Aaron Henderson. witness for the II
state, testified as follows: I work for
Hall d Waller IN the detective bust II
less. L was up there at the place of II
his wreck with Mr.. Waller. saw
racks there the morning after the ir
wreck, and they ran right up in a a
ew steps of the cattle-guard, but I
ould not see them after they got out ~
# the plowed ground, and the !
racks suited the tracks of the de- -
and / measured them and {,
lso those of the defendants foot or :;
noes. There were.other tracks that h
forming, but the one that saw first
'ere going from the cattle-guard. It
'as single track and was going Al
the direction OF jones' house. Sc
idn't see any tracks going in the di-
ection OF the cattle-guard. noticed T.,
40 defendants shoes, and they were =,
ne same that he has ON now. The =,
'ack suited the track, and 1 think
nat Is the same shoe that I followed
le track of, judging from the gene sc
II appearance.
Cross examined by detendent. l.,
l suppose that it was about nine
clock the next day when I got to
ie wreck. 1 saw a great MANY Fl!
'acks all around the place where the q
reck was. The ground that 1 fol- F.
wed the tracks through was plowed
round. l found this track. SUD.