Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1890-07-24
CoLORED MAN KILLED.
The Occurrence Creates Excitement, but
no Violence is Attempted.

The occurrence Creates ENcltehent, Du
no Violence is Attempted.
A dispatch to the Galveston News
from Navasota announces that al
Jewellers farm in this county a
white man named A. Wooten shot
and killed negro, Dave Bivens, In
dispute over some oxen Wednes-
day morning, and that the negro
was going toward Wooten with a
hoe threatening to kill him at the
time. The prisoner was brought
into Brennan on Thursday morning
and the reporter of the BANNER had
an interview with him while he was
in the custody of Constable John S.
Ewing. HIS version of the killing
corroborated the account in the
News and he claimed to have acted
strictly IN self-defense. Allen Woo
ten is a man of family, about fifty
years of age and moved to this
county from Colorado county four
years ago. He is farming on the
Bob Flewellen plantation, fifteen
miles east of town, on the Graball
road, and the deceased darkey Biv-
ems was one of his tenants. Wooten
had sold some oxen to the negro,
reserving the landlords lien. The
negro deserted his crop and took
his oxen and. began to haul posts to
town to sell. He mistreated his
team badly and he and his landlord
had some words about it a week
prior to Wednesdays tragedy.
Wooten told him he should not
drive the oxen to Brennan any
more. On Tuesday Mr.. Wooten
was in town attending the county
democratic convention and saw his
OK team on the streets, but said
nothing to the darkey. On We'd
nesday morning Bivens passed his
landlords gate with the team
hitched up headed for Brennan.
Wooten stopped him and told him
he could not drive the team to the
city. Whereupon, without much
further ado the negro jumped out of
his wagon, grasped a hoe and
started towards Wooten in threat
ening manner both by gestures and
words. When he had got almost in
striking distance Wooten drew re-
volver and fired, the ball going
twice through the negro's right arm,
his right side and coming
out on the opposite side. Only one
shot was fired, after which Bivens
run about fifty yards and then fell
and expired. Charley Shanks and
John Battle, two white men, were
the only eye-w1tnesses to the deed.
After the killing the news spread
among the colored people,
who greatly outnumber the whites
in the nelghborhood, and several
hundred o. them viewed the dead
body. Fears were entertained that
they might attempt violence, but
they refrained from. any overt act.
Justice John A. Vernon, of Wash
ington, was notified and proceeded
to hold an inquest on the remains,
at the conclusion of which he re-
turned a verdict in accordance with
The above facts and fixed Wooten's
bail at $500, which his friends
promptly came forward to give. The
Justice of the peace, however, either
fearing trouble among the negroes
Dr. for some other cause, reversed
MS ruling, decided that the case
was not bailable and directed the
to bring the prisoner to
Brennan and lodge him in the
county jail Immediately upon his
arrival in town Wooten made appli-
cation for writ of habeas corpus,
,ontending that he is being illegally
'estrained of his liberty. The ap-
olication will be heard this morning
1t 10 o'clock before District Judge
Garrett.