Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-06-27

l1,,.itss wore entlrely satisfied Retv4sa
ieaf, r Nnatra tltre wss rotAlnf
,S' .fition ~ lhiri party tii,ri tore.
ri, - t1t'F'. 'ornt lntrt ferNAcr M d NIT
n TX Mh ", vid not concern him. an. n
usrumony 4 y also lhovn thaf s,tplne
ins conversation In the saloon a.,d ~ thh
h aa , rcn,ssfsatiens testified TO .hiti~rs
oers, IRE. had he 70 desired,
c,sie neNi testimony IL that OF sim
nam. n wnS reside. IN chlceEo. whose
Indictment, and who Al nh former t,t.ia
Vas witness for the state. This wit
ness states that the alteration about the
ne, n,u Was OF considerable duration:
to the end Of the difficulty: that ~ was
mere 70 project Eudder As his friend
es ~ " thke an active part IN the AZ
tsnn y y became necessary. His .ttcn-
saon 70 what occurred must thert~nre
nave been that Of an interested and viet.
s.Ant spectator. lie testinea that the ar
,nra nal been brought to close 90
az the time OF Diapers onslaught chi.
V .rs and his friend were going toward
dhe hotel or the .posiefnce; that Rud-
~ ~ nhck was TO the defendant, aud the
1y,.enailnts back towards Rudler This
witness could not have more clearly II.
iiusirated the undoubtcd admitted fact
maj the difficulty between Rudder and
stati IS nag osep ser terminated, than by
eently In dispute had their hacks turned
s vech othef, ana were leaving the
s sysa , We see, therefore, through the
ant, childers, and his friend were In
me ne Aet OF leaving the scene, Draper.
we deeehsed, Notwithstanding the alter
s ,,ae,,I had been settled. abandon his
posluon hy the Tree box, pass Rudder, and
rush towards Childers in an impctuous
aud hostile manner. AGAIN notNyith-
; ,I;ag i the defendant backed away and
1Siea TO Keep out OF this new difficulty.
Sinclair caught hold OF him and tried
% ho;u nun on, but his strength was not
SUFFICIENT TO resist his impetuous rush;
me deceased brushed him aside ike char
and continued his mad assault, and When
close TO the defendant, and after de-
iendant had backed ten or twelve feet
the fatal shc, was ilrel. The language
used by tho deceased towards defendant
as he rushed upon him. and the Lam
Buage OF Sinclair TO deceased at the game
moment were calculated to Impress de-
situation, and the necessity 81 pronlpt
action to Insure his own safety.
As Draper left the trec-box and rushed
towards the defendant, he cried out; III
you want TO hight ANYBODY. you can ilHht
/ me. you 49, -" These words clearly
| Illustrated the nnimua OF deceased
| Childers had not addressed him. no word
had been spoken 10 him by anyone; he
was spectator. personally without In
terest, yet after the difficulty HAD been
amioably arranged we find him reopenine
a quarrel, and making It a night OF his
/ own. without provooation aud In most
threatening and outrageous manner. he.
ceased had been pointed out 10 defend
ant several days prior TO the killing,, by
two witnesses, as man OF q bold, bad
| and dangerous character ana That Is ali
| he knew Of deceased.
Now, what dia Sinclair soy nt that
l 1uncture2 There is no fact that cpuia
more clearly show the Intention or de-
1 al AL l.A lmlHHntlOn
must have had on the mind OF DEFENDANT
! than this remark nude by sinclair ~
| he, Sinclair, interfercd, ana seisee w
ceased IN his endeayor 70 hoid nun hnvh
| hthe - - - has a gum jim dld
not stop, even after that warning ~
| continued to rush ON. Defendant backed
| and backed before TINS impeuueul Az
| eault towards the wall, until no egull ~
no further Remember tnht uelehuah'
was a stranger, IN strange IVY, ~ w
| midnight hour when ms uespeEnV 'n III,
/ rushed ON him. onreess as 10 thls sin'
thntlc Vnrning. When man continue.
10 rush on another after being Mulneu
that lie Is armed. has not Tue peIsol,
thus assaulted the pest rvsSs" 10 nS.
iIeve TINT the person assnuling " hlth'
| self armed, and In a conultiVh " 1870,
an armed assault, and TO MAKE NJ a. ~, ~
! Jefensa In other words, u mol the ~
~. sreatited bound TO believe mat ~
sssaiiant Il on equal terms iAli hlulseli
II armed himself and rot NrA'u %
others arms. ,a t.r.aistil,le con.
o,,,Sian Imagine this man almost ~ ny
dark There was but httle ls na NJ
from the saloon upon the tiaeN sn is,oi
M under the testimony. saw the plate
~ dcfeudant until he LEFT the svehe w
Inc difficulty Sinclair may hhNe 49,
him with It before, at any 6isstsssnsdant had
a nistoi nfA warned deceased OF we INV y,
ana Vel, Notwithstanding sinclair ile9 "
hold him on, and notwllhAthlll I'm IN,
warning shouted In his ear, uteeastu IN ~.
timed 10 rush like inadmen upon Wy
retreatlng stranger. ! nny thot ~ inv s =
Of common underHtandins pslssV.1 T., "a.
ans terni IL he had one, under the citeuni,
stances. A stranger attacked Nv iliul NJ
in An entirely unprQvQked Ilhnnst ~ ~ =
man known only 70 him by reputa ti9h "a, a,
y man 81 a bad and dangerous ohafaetyi
couid hardly fail to have detehuea ~,
own person uneer eimllnr condli,on9, ~,
cntiid moi know with certainty the lntenl
S "a udecoeaSed but lie was bound TO beliey,
Il was deadly and that the necessary X
eelf-defenso was urgent' Ihele WAS ng,n
me loft Tor defendant 20 DO but 70 ieisng
bi,nseif True, defendant could nay
turned tail and skunk on IKE y uoMn,t,us
cur but that was his only uttIheuse
and that Is nm alternative our law never
nreeents 10 the cltiaen attHrked ., ..,,,.
Next "a the testimony OF w. ~, Hu,s
Ellis il man from san ANTONIO, ~
. tessant wS Twins wTnns from him on eoss
Decentralization This witness was shown e
have expressed deadly enmity agaths,
@hilders He Joined Ia the pursuit o.
f,hiiderg and stated to one OF delcn
dantss witnesses that while he was pur
sninp him they exchanged Shots, IL
stated 10 the same witness that they
Zach had II in fer each other He w
Stnbtediy had IL In for Childers, and dead
IL venom permentcs his teatimon,
throughout: but from the mouth Of M
serpent we extract valuable iaeA ,bii,iiai
miehi almost Justify his pardon, Elll'
was In the saloon at the time OF the con
versntion between defendant aud hUiusr
md lust as coon as defendant and Cpch
ran left the saloon he followed them, ex
nectinz, he said. TO see a scrap ~
ald reach the sidewalk. he stood In TIT
frSnt door nt the Menser hotel, on
stnne step elevated about one foot IRON
sbe sideNaiK, and was In a position 20 So
All TINT transpired. He described himsel
90 sfaudlng there. watching for whn
| unuid happen, A very material part %
b,s testimony Is thls He SAYS me, oifen
ave cp.thet used by Childers tOnlY on
.'ss teamed 10 by any witnoaa) was usci
, after the drst alteration between dc
PENDANT and Ruddcr; that they had scv
rroi aitsfcationH but u was after IN
fref alteration that he uhed TINS onen
avn epithet OF necessity, several gthe
aitercations had INTERVIEWED between Hud
der md defendant before the attack y.
| f1rapor The attack Of Draper on chi
ders could not, therefore, have iinmedi
ateiy succeeded the ALLEGED insult Of hud
49, ffhli1aFu and The uncfIHHi ma