The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-21
SHE WITNESSED THE DEED.
Martha De Costa Saw the Bntchcry
Of the Paynes,
PREACHER CHARGED WITH THE CRIME
Abe Brisooe and Mack Jones Remanded
TO jail without Bond TO Await Grand
Jury Investigation.

Rev. Abe Briscoe and Mack Jones both
colored. had an examining trial before
Justice J. T. Mahoney yesterday morning
on a charge of the murder OF William and
Frances Payne and were remanded TO
Jail without the benefit OF bond
1t will be remembered that William
Payne and his wife were residents Of the
county. living near the Emancipation
grounds, without the limits of the Third
ward. on the night OF January 80 they
were found murdered. the man lying near
the stable with his throat cut from car
to car and his skull fractured In several
places. His wife was found ia the house,
death resulting from fractures on tho
skull. Sheriff Erickson was notified and
visited the scene of the trs sedy. and IN
der his instructions Deputies Archie An
derson and J. 3. Parker took the case I'm
hand, resulting IN the arrest Of Eslscoe
and Jones. These men were brought be-
fore Justice Mohoaey yesterday morning
County Attorney Schwander appearing FOR
the State and William +. Carter for Bris-
coe and Gorge Underwood for Jones. At
the beginning OF the hearing Jones made
q statement after being warned by Justice
Mahoney that whatever he said could be
used against him He stated;
In truth and honesty befor,, God don't
know nothing about this killing 81 far
as | myself am charged with doing II.
know nothing more about Il than any %
you gentlemen hsre, and | hoYc 10 lie u
what ! tell you Is not true. ! am = hand
working man and have never lreeu IN
court before"
The : lowing testimony was then ed
duced
Martha De Costa testified as follows
She Aw Jones and Bfiscoe and William
and Frances Payne william ana Frances
Payne are dead. William Payne's throat
was cut and Frames Payne's head was
knocked in This happened tn Harris
county two weeks ago, They were mpr-
tered al their home She saw Are Eris-
coe strike William Payne on Tire had
with club. Briec6e MAS taking 10
Payne about buying some land. They az
forwards walked into the yard. Brlsooe
teTwards cut his throat Frances PAYNE
was this sister of witness. Mack jones
knocked Frances Payne In the head with
an AK handle, Witness heard Frances
Payne call for William PaNne. Witness
went TO her and saw Jones knock the
woman In the head with an AK handle
Neither Briscoe or Jones We're any kin 20
Payne On the TUESDAY before tho kill
ing Jones and PAYNE had dispute about
a SPADE. Jones was u-ighbOT of the
Paynes. Witness house was IN the back
gate. After Jones Killed Frances payne
he iumped the fence Both ran In thu
same direction The killing occurred lie
tween 10 and II O'Clock at night They
both went to BrlEcoe's house After the
killing she went TO Hriscle's~n mouse aud
announced that the Paynes had boon
killed. Briscoc was thare and h.. came
over TO the houae Frisco, was preacher
Under cross-examinaficn witness FaHi
M wns worry much excited az the time
OF the killing. She saw Rriscoc XII cid
man Payne hpt she went to Briscoe's
house lust after Tie kllr~ 10 give tina
alarm She was too frightened at tho
time to ten the officers That Brlscoe ala
the killing BEFORE the killing witnces
heard Jones shy that there were some pc7.
pie he wan'ci TO ct rid az. ma Ne never
Caleb Tasker testified. lie knew tho de-
PENDANTS He heard Brlscoo ask Jones
% ~ ,,,., 49,, a., -.
20 Kill somebody. This was on Woaues-
day morning Jones said mo. n you
arc going to KIN somebody | am going to
Houston Heights TO see about some
work" Witness never heard OF any
trouble between the defendants ana the
Paynes. Witness lived at Jones' house
No ,.ar. 90 t'o5 ~.
W ,,, """r' e'oeN on ihe
night or the kNlng. Jones was not there
when witness went to bod NOR Was b,.
there when Martha DrCostn came 10 the
house TO give The alarm of the killnr
on the morning after tho killing Hrisoo,.
said 10 witness "You hnd better nor kuo,,4
nothing about this or you viii bo Killed. +"
on cross-cXaninatIon. Witness ndr,tt
until he had been locked up in Jail. iris
coe. did not tell Jones who ne was gous
~ 81 ~ VII aeI1sS IN. street from
The Paynes' placs when thn r., slnr,,'
was given.
Redirect, Brscoa came ia Jones' house
early IN the morning after the killing Vie
said; I'VE don't know nothing After
this Briscoe told witness "If you toll nnv-
thing about this thing Ia XIII YOU" Jones
wife told witness 10 cut wool tina, nisht
80 he could 70 10 lrd carly that 5li.b.
this was the night after the killing On
Monday after the killing Defendant Jones
asked what had become Of The butcher
house before The kjlling hi ,o, .f,, wy,
JaiIor Archie Anderson ,cat{faA .b,+