The Waco evening news. [volume] (Waco, Tex.) 1891-1894, 1893-12-11

caq1e by the ldge OF th3 irst l u
stance 10 favor # Taylor, and he
proceeded to Dust VI Il .y.fr1m pos
session and to deliver the premises
into the possession OF Gml-y and
Taylor. Serious trouble between
the parties became imminent at the
time, ard 1t seems Mckay obtained
ni,ed States flag III some way
and hojsted it over The main house
of TIE haclenda, and at once en-
ployed attorneys and by telegraph C
Communication with the Supreme
Court secured a writ Of injunction
against the Judge Of the First In
stance, GUrley and Taylor, restrain
ing them from interfering with
McKay's possession until further
hearing of the case This order Of
the court stopped the proceedings
for the time. After sa'ds Messrs.
4urIey and Taylor fill ID charges
agains. | qted States Consul Dray
t3n with Secretary Gresham, at
w Arlington, claiming that DrHyto
had usurped his authority a. | nlt' d
States coneul for the purpose of
iuterfering with the execution OF
the Judicial process of the Mexican
court, and that he hal caused the
AZ to be hoistel over the hacienda
house, and protested against the ex.
ecution of the judicial process.
Secretary G e-hAin referred the
matter TO Munster Cray, at the
City of Mexico, and, after investl-
eating the matter, found that Dray-
ton had filed protest with the
court against ous,ing Mckay from
the possession Of the hacienda on
the ground that he was an Ameri-
can citizen and had not been served
with any notice OF the judicial pro
ceedings, by virtue of which he was
sought to be dispossessed Of the
property, and held that the consal
was justified in protesting against
interfering with the rights of an
American citizen under adicial
process without such citizen being
first offered an opportunity to APP
pear in court and defend his rights,
and instructed Minister Gray that
inasmuch as the matter had gone
into the courts in Mexico the rights
of the parties could b. properly ad-
Indicated and settled, and that
there was no need of further inves
tigation by the department of state.
Afterwards M Kay employed
attorneys and flied suit against
Gurley, Taylor and others for
possession of the entire hacienda
and to establish his right to such
possession, which suit was tried q
few days before the shooting Of
Lewis occurred, and Judgment
rendered i'll Mex ay's favor, establish
ing his ownership and right to
possession of the premises, and he
was placed in possession by the
Judicial authorities.
Then it seems Lewis returned to
the hacienda at night, and he and
young Perry Nj Kay met and had
an alteration, in which hard words
passed between them and which
ended in each drawing his pistol.
Perry Mckay fired first and shot
Lewis in the head, the pistol Of
Lewis failing to fire. Levi, was
only shot ouce, and was placed III
the hospital, under guard, under a
charge of assault with intent to
murder, until he recovered from his
wounds. NJ Kayswas placed in jail
to await the result of Lewis
wounds.
Messrs. NJ Kay, Taylor and
Gurley are still litigating in the
Mexican courts for the ownership of
the hacienda, where, it is presum ed =,
each party will secure his legal
rights, and it seems that the great
furore that has been made in the
press of the United States over the
affair is "Much Ado About n 10th.
ing"