Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-07-04

uOOrs leTI the G1DSonS IN the aIieg
and suppose 1 had gotten six feet from
the door when Mr.. Terry stepped in the
door. In his left hand was his cane and
he was holding up his hands with his
head bent down, with his right hand
brushing some ashes from his shirt
bosom. l made a spring, struck him
with both hands and sent him
reelIng about ten feet, he not knowing
what was the matter. EGO back into
the house, - said. At the same time
grabbed the Enclosed side of the door
and pulled if to, but having no knob it few
open. Terry had, in his wanderings IN
the room, fallen over coil of rope, and
as the door flew open Jim Gibson ran
around to my left, got in front of
me and fired, l suppose at Terry
His ball, however, missed, but pene-
trated at about three feet from the floor
an OIL tank, and thence a window and
sash, going out of the house. Terry was
just about rising when his pistol ap-
parently went off, going through the
floor about SIX feet from where he got
up. All three of the Gibsons were pres
ent at this shooting and armed, Ned
Gibson coming ont of the alley with his
pistol in his hand and his arm raised.
did not see VoIney Gibson draw his pistol
at all, but saw Jim Gibson shoot Did
not see Ned Gibson shoot He was be-
hind me; if he shot l don It know
it. After Jim Gibson fired he said:
81 have killed him l hope. have shot
him. +"
Vol Gibson attempted to go in the door
after Jim IS remark that he hoped he had
shot Terry, and pulled him back, ask
ing him if he wanted to have his brains
blown out. Then Jim Gibson attempted
to get in, but Ned Gibson pulled him
back saying: ''Come away from that
door or you will be killed. -
1 saw Jim Mitchell and Rudd Pearson
with gun and VIII Andrews with a
pistol in his hand. Freeman Booth was
close by him, near the house. Could tell
from the shape of Booths coat that he
had on pistol. These boys are all bosom
friends of the company who express
themselves % being enemies of Kyle
Terry. I, with other officers, have never
asked them to go out to assist us in pre-
serving the peace. My own boy, Turner
Mason, was out with gun. He was
at the hotel when the difficulty started.
He had to go about two hundred yards
for Winchester rife and the trouble
was all over when he got to US. He is not
able bodied-is paralyZed. When I
pushed Terry back the Gibsons were about
twelve feet from him watching around
the corner concealed from his view
and had he stepped out of the door they
could easily have killed him. If the
ball had struck Terry it would have
caught him about the center of the chest
just above the stomach. When Terry
fell over the coil of rope about the center
o. -,
the door
Bob Conner came to me the following
Sunday and told me Terry was in town
with his Winchester. Tom Smith ar
rested him and took the gun before I got
there. Smith wanted to lock Terry up.
Mr.. Garvey would not allow it as Terry
had done nothing violating law.
Garvey told Terry if there was any one
deserved locking up it was him, and the
next time he came in town drunk he
would lock him up. Terry got on his
horse and left town. Fifteen or twenty
minutes afterwards we saw Ned Gibson
and Jim Mitchell riding, as we
after Terry. Ned had a
Did not see anything on
Mitchell. He was just riding IN Gibson IS
Mason did not finish his testimony to-
day. The remainder will be given to-
John A. Ballowe, by written sworn
for the defense, next testified
as follows: Some time the first week of
April at McCloY IS drug store 1 saw Vol
and jim Gibson sitting on the steps of
the Masonic lodge We had exchanged
4 few words when Vol jumped up sud-
1enly and made a motion as if to draw
MS pistol. caught him by the shoulder.
He tried to shake my hand off. Jim told
lim to be still. Vol said, 81 might |
Is well settle it with him -
[ turned and saw some one enter the |
oank on the opposite side of the street,
T. w. Harper behind him. Vol said: |
Terry is in the bank, let me go over and |
all him out -
said no. Jim went into the drug
tore and sand don It go, Kelly. eff you |
10 take something else than a pistol !"
l took Vols arm and walking in the |
tore with him told him he ought not pre-
ipitate difficulty with Terry. If they |
wanted to fight to go out of town where |
10 one could get hurt but them. Vol
aid he appreciated my motive, but [
Tas wrong and ought to let HIM go over
nd call Terry out of the. bank and set
lie the thing, saying: ''Terry is
.oing to kill me the first time he gets a
nance. 1 want to settle the matter and
re done with it - also saying, 'tI know
'erry is a coward and is only waiting a
hance to get the drop on me when he
7ill stick me. -
On looking across the street again l
NV Mr.. Garvey and Kyle Terry standing
n the sidewalk. Jim told Vol to keep
uiet. 1 also told him to do so. He re-
lied: ''That's just a dare. He's
antering me. F"
Garvey was standing close to Terry. I
emarked 1 had better get out of the
7ay and moved on. As l started
arVey and Terry walked up the street.
his is all heard or saw. Did see a
lotgun standing in the corner of the
lore, on the left hand side of the door
S you go in. Was present some time
efore, when W.sH. Gayle delivered TO
oil Gibson a message from Terry to the
feet that he was willing and wished to
lake an apology for having
ssaulted him; was willing to
cl1nowledge he was wrong and
lake any honorable apology that
oil would require. Vol replied he
as not IN a condition to have any nego-
ations with Terry, and had not made up
IS mind what to do. Terry had unjustly