Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-02-28

ordered the Fheflu 10 take out Al'
cartridges.
cyoss-exauIned; II worked under the
direction Of Mr. sisk and got my pay
from him he worked Tor the Pacific
Express company. the sheriff of Parker
county. the constable OF precinct No,
! and Mr. Newberry were with us part
OF the time Air. sisk might have
burned the things by the stump. put
don't think he did, don't know whether
sisk put the pistols where they were
found or not"
Constable Mobley was recalled anu
retold the story Of finding the thinsS
at the place where the fire had been.
If. s, Slsk was the next witness
called. On account OF his connection
with the case it was generally expected
that his testimony would divulse IN
terestlng facts and the closest atten-
ton was paid him By the spectators.
Mr.. slsk testified. Il live at Wealth
erford. Was for some years sheriff OF
Parker. / am now employed by the
Pacific Express company. 1 had occa-
sion to search William Wards place l
frst had permission OF Dir. Ward. and
afterward had search warrants. (Wit-
ness Identified string, sealing wax. etc)
These were turned over TO me BY Mob
ley and brutt0n. (Witness also identi-
fed pistols In evideuceJ l found the
ahIEt kAlt III hUt OllAh III tue EAan al
Wards. / know them BY marks that
/ made on them at the time"
Cross-eXamined: Il am employed by
Nr. Ackert OF Dallas to work up the
BenbrOok case. ! am paid u salary
OF Si0O a month, railroad fare and my
expenses. ] have worked for the COM
pany and once went to Mexico city
FOR them. have been Indicted for
cattle stealing, three times, believe.
Was acquitted In each case. Was
fined once for assaultiug Judge Stevens.
who prosecuted me In the cases. was
also fined for driving cattle on the
range. but the court Of appeals re-
versed it. / did hide money once In
Mark Cayots house on Bear creek
and then found II afterward myself
and accused Cayets Of hiding 1t there
Did this to make him give up $50 he
had stolen. which he did 1 did not
burn the things myself AT the stump
In the thicket ON old man Wards
place. nor hide the pistols In the oats
IA tho Eranary." This evidence was
brought out In an EFFORT OF counsel for
the defense 10 dlscredit the witness.
Newton Wilkinson; The next morn
Ing after the robbery | was coming to
Benbrook ana ON the rOud between old
man Wards and Benbrook 1 found a
pearl handled knife / turned Il over
TO Mr. Gunnells. Old man Ward had
gone into town just In front OF me"
Mitness identified knife introduced)
Hard Gunnells testified he had re-
ceived the knife In evidence from New
toms house.
L. A. Euless; 81 know w. p.
Thomas; went with him out to Ben
brook to look for the money Thomas
iast diagram Of the locality. We
went aSout one p,ile up Dutch branch
10 roch fense on the road bctweeh
Burns and Wards places. and beyond
to the thlcket. On the diagram that
Thomas had was Indicated where the
Btoien money could be found, buried in
Nhe thiclIet. The first Say we found
nothing, but another tiS.e. a little
further down, we found TIVE silver dol
lars In this same thicket. W,sicA was
west OF Wards
The state here closed it's case for the
time being, and court adjourned un-
I'll after the noon hour.
There had been general speculation
throughout the trial as to the nature
Of the defense that would be made.
and when the first witness for the
defense was called. renewed interest
was aroused among the spectators.
This witness was John Ward the de-
PENDANT, he testified automatically as
follows In his own behalf.
MY name Is John Ward, and 1 will
be % years old tomorrow. ] was born
in Fannin county and was years old
when ! came TO Turrnnt. ! live about
thirteen miles south Of Fort Worth
have lived on farm. took dinner
at Joe Smiths the Thursday of the
train robbery, sullivan was also there.
! got one pistol there that day. II
was my pistol, 39-callbcr; / had
taken 1t over there the night before. [
had no other pistol that day and there
was no other about my fathers house.
i LOFT that pistol at Lacys blacksmith
shop nj Bear Creek postofIlue To be
repaired. Don't know whether Suili-
van got pistol Mt Joe Smiths or not.
! was at Boar Greek postonlce that
evening and went with Sullivan: he
walked and | walked with him, lead
Ing my horse. Staid there about one
hour Saw Phillips there Sullivan left
before we did. going to Phillips house.
We followed about thirty mlnutes
lator. | riding n bay horse and Phillips
sorrel. When we got to Phillips
Mrs Phillips told us that Sullivan was
drunk and had gotten ON black horse
md started to Fort Worth We follow
ed him. Phillips riding bareback. 1
sim had n pistol We overlook sulu-
van the other side OF Mary's creek. ono
mile east OF Benbrook. lie was down
In the road drunk. Had ridden Phil
lbs horse with Joe Smiths saddle.
We got him back on the horse and.
taking the left hand road. went around
Benbrook and l carried him to my
fathers house, Phillips also drank
some blttors and was slightly drunk.
This was ABOUT night, took them
to the crib and we slept In the shucts
until about - o'clock and then won't
TO the house. We did not see the train
or rob II that evening. Neither did we
put any pistols In the crib. l was ar
rested sunday night after the robbery
NJ the Union depot In Fort Worth. /
mad come to town to see my girl" and
AT the memories which this fact sug-
gestod the witness laughed heartily.
A thorough cross-eNamlnation failed
TO make the witness alter his testl-
mony in any material detail Witness
further testified that when they reach
ed hia fathers he had TO help Sunl-
van into the crib. Witness denied hav-
Ing assisted In the train robbery or
huryiug the money and testified that
he did not know II II Phillips had fur
nished n diagram TO his Wife while in
jail 30 that she could find the buried
money,
Mira Jennie Phillips. wife Of John Phil
Ups, testified as TO Sullivan drinking
whialy at her house on the evening
OF the train robbery and riding or ON
her husbands horse. and as to her
sending Ward and Phillips after him.
nj