Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-10-05

ceedlngs l carried II because ,aoGsAt
II any OF those fellows ] beat attack
me 1t Will spit In their faces and en-
able me to get away | did not want
TO Kill anybody. / did not telephone TO
smith on the Monday before the klll-
ing to come out 10 my house. ilo had
telephoned TO me that he would see
me In the morning. subatanuhlly
told Tldbail that | Killed the d--n ras-
not recolloct that ] used the words
d-n s. OF b.. I state that his
revolver snapped before he fired
Re-drect-The reason why | carried
the derrlnger was because did not
know but that some Of those with
whom had had trouble In court might
nssall me; when / said spit In their
faces" / meant the small ball would
stun such an assailant II he was
stronger man than | and that / could
escape The derrlnger carried i ball
about the size Of a green rta.
DR. r. b. Thompson testified he
saw the defendant, II. NJ. Page, IN
Jail the day of the klling or smith,
not longer than an hour after the XIII
ing--he saw Page. He stated the CTR
| cumstances OF the killing OF A. b.
Smith Page told witness that on the
day Smith was killed, he went into
the Office and sat down, saw Il
pistol In Smiths desk. The memory
OF July flashed into his mind and
trembled all over II then occurred to
him how he should get upon his feet.
He said TO Smith that he would 20
and see Tldball, then rose, pointed the
pigto at Smiths breast and said, "now,
Cd d-n you, I'VE rot you" and shot
him TIL he killed him,
Or. Adams was recalled and testl-
fed that Page made that statement in
jail.
Cross-exsminatlon-P was very
much excited: he said something about
Smiths laying for him; cannot recall
Pages exact ords In the ja!l.
A blue steel pistol was brought in
by Deputy Clerk AlSers, who testified
he ala not know who brought it into
court
James Maddox, city marshal, testl-
fed that the day Smith was Killed, he
! went into the building whore he was
! lying dead, and picked up pistol.
II had never been fired. Saw Smith
uudressed and there was not other
pistol on him. 1t was n pistol similar
| to the one that the clerk handed to
! wltness to examine.
Cross-eXamined-Hav seen a plstol
snap and leave an lndentlon on the
cartridge and not go of
Re-dlrect-At the time the pistol was
/ opened, the indention was upon the
cartridge upon which the hammer rest
ed. The pistol has been In several
| peoples hands. but always In the pres
ence Of the witness.
A. p. Jones, q book keeper stated
| he lived ut Darlington, Kan. Was in
1 tort Worth on the 18Th Of March,
1871 Was roomlng ON the third floor
or the Hlrschheld building; was get
! ting up, and while dressing heard
shooting; wont Into the hall and saw
man lying dead on the floor Saw a
4 pistol on the floor a few inches from
the dead mans hand; picked IL up and
examined IT. Il had not been dlscharg-
| edi the hammer Of the pistol was rest
/ lng on a safety, and witness moved II
/ turn and LEFT II that way whom he nut
| II down Heard four shots fired. Only
hnd the pistol In his hands a few sec
onds.
Here the counsel for the defense
announced that they rested. The state
/ stated that with the exception of SHEER
III l3uloss. all the evidence for the state
/ was in. "'9
The court warned the Jury that they
/ must not read any newspapers In the
| interval, Wv
Court adjourned until o'clock this
| morning ms
The. order Of speeches today will, be
DIT, baltimore opens FOR the state.
| berry Camp next for the state. Mr.
shropshire for the defense; then noon
II. NJ. Furman for the defense and
Col. Wynne closes for the state. Each
sac allowed four hours for argument.