Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-12-07
jim TOOTS
His Case Before Board
Of PardonS.
EX-SENATOR swAYNE IN THE PRIs-
oNEUs INTEREST.
NEW TESTIMONY.
WHAT EYE-wITNEssEs WHO DID
not TESTIFY SAY OF
THE CASE.
The Court of Criminal Appeals Reo-
ommend. n Communication of SEN
tenoo After . Accommodation.

AUSTIN, TEX, Dec. 6.-tSpcclul.)-lH
Jim Toots case Ia now In the hands OF
the board OF pardons. Tho governor
wrote Hon. j. w. Swayne. who IL seek
Ing Communication for the prisoner,
to DO here today ready to present his
case, and the ex-senator showed up
promptly this morning. The matter Is
being presented TO tho board OF par
dons today. In the record Is sworn
statement from IL. IL. Weaver of Hem
riotta. He swoars that he Is n baker
by trade and at present runs bakery
and restaurant business In Henrietta,
That In 1892 he was in the bakery bust
ness In the city of Fort Worth and
had sold bread to "A restaurant keeper
ON Twelfth street, and to get pay for
bread sold WAS forced to take his busi-
ncx, placing his son to run the same
until 1t could DO sold. He states that
he was present at the difficulty be-
tween Ofiicer Lee Waller and the negro
Jim Toots and saw Waller strike 1o0ts
and draw hts pistol on him CToots).
That Waller was curslng the negro be-
fore the latter was struck, That Toots
only asked him. what have / done.
Mr.. Lee, to be arrested for2" That
Waller kept on cursinR and told Toots
he would knock him down. The negro
asked him III he waH going to play
jesse tmeRnlng Jesse James,, Waller
then struck him, and while the negro
was failing drew his pistol and Officer
Tpwnes kept Waller from shooting.
lie heard Waller say after no left
Toots and after Townes had taken him
(WnlleD away that he (Wnlier) was
going back ana XIII Toots He testl-
fled that he hoard Waller also say that
"Toots was interfering with his
woman" That Tuots had nothing In
his hands at the time Waller struck
MIN That there was much excitement
ana many people, both white and
blhck' gathered where tho difficulty
WIS and all condemned the officer Tor
MS unealied-for brutality, He says
lhat he saw white man talking 10
Toots and that the latter became stlll
more excited and went after a pistol.
no ala not hear he says, what this
man said to Toots. but he saw tic
negro when he went after the bistol,
ne asked his boy, he testifles. for one,
ana was very much excited and mad
Word had been received that Waller
was coming back to XIII Toots, and the
crowd was much excited, and he
noticed that few minutes before tho
smoothing no saw the negro aud he was
WHY mueh excited. He had heard tho
pistol shots, but did not see them, IND
reports could not have been exceeding
twenty minutes from the beginning OF
the dlniculty. He concluded his teatI-
mony by stating that from what he
saw una heard he did not aep how
.uV's could nave helped killing Waller:
.hat ne did not know either Waller or
,ne negro except by sight. lie lert
fort worth Immediately after the KIN.
lhR ana no one knew what he would
tes'ity' His testimony was received
On MS own Volition, aa he wrote the
pItes seeking Il Communication for inc
negro that the prisoners scntonoo
should be commutod
inc record shows that many Gift
sens OF Henrietta state that they itnn,y
Means reputation for truth and yerae.
| NY 70 be good and that he has the
| vy ,nn ana respect OF all those
VINO know him. Among the number
are county Judge Barrett County At
sorhey Allen, county clerk. sheriff
sears Mayor Allen. Postmaster Wor-
snain, Attorneys ". s. Hurt, Judge
stem, A. *. Swan, Barrett, Chesmctt
pha many or the prominent merchants
anu business mon of Henrietta.
10. 3, Hurt also wrltes a iettar "a
governor Culberson. saying he has
known Mr.. Means for nearly threo
years, that his reputation IL good.
anu taking into consideration that no
" ulsinterested In the case. he Is com
hdent his affidavit ia true.
Z, M. Ware OF Fort Worth In n
statement nlcd with tho papers, tcstI-
hes that he In a blacksmith by trade
ana makes the statement following OF
ms own free will and accord. In he
mar or Justice: II was witness In
the Toots case. Was placed under
the rule but did not testify. beea,iac
thc states attorney. after he learned
what i would swear, refused to mt
me on the stand. A few moments M
yer the detendant, Jim Toots, had
nesn dubbed by Waller, and after
waller had drawn his pistol on Toots
ullu WINS nrpNnntAh tsIt -
py Townes, heard Waller talking
about killing Toots, and / went Ia
Toots and told him Waller was ro-
ing 10 XIII him. This was before Toots
Eot pistol was with Waller when
| Bryant offered TO 10 with him after
Toots. He, Waller and Townes start.
| Cd to where Toots was and 1 with
them. They all had their pistols in
their hands and kept them there un-
vi waller was killed. I was the see
ond man to Waller, and he said TO
me INA, ne didn't know whether or
was shot from behind Judlsins was
shot from behind. JudkIps wns about
where the negroes were who had lust
passed toward Twelfth street. and
that was where the shooting from
across the street came from. There
was no shooting from directly across
Rusk street, nor TO tho left, going
South. further down. Defcndant's Mt
torney did not know about what I
would swear, as they did not talk 70
me. know all about this case, and
do not think Toots should be hung.
He was much excited when | talked
TO hin and that is when he went al
tcr pistol to defend himself I heard
Waller say when he. TONNES and Bry-
ant arted after Toots. I win go and
T., get the -------. l saw all the shoot
Ing between Waller and Toots and
tho frat two shots were so close to-
gether that II was impossible for mo
10 say which one nred the first shot"
The record also shows that about
{, nifty citizens OF Crowley vouch for the
good stAndinR Of ono Mr.. Huney. who
| has stated to most OF them TINT ha
| Vns present and thai the uexru aatcd