The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-12-23

| | reached the corner | happened to lOOA
| ND the street and saw Mr.. Rankin CON
| ing down. ! wanted to see him about a
buggy, and thought once | would wait
| ,,,r ,'.m, Dut concluded | would run up
TO Bou!din Rector's law Office and see
catch Mr.. Rankin. think he was about
went VI the steps and found the uoJr
at the head of the steps closed. l then
| walked back towards Gardner Ruggles'
office, and as ] did so | heard Il shot.
| thought it was large frecracker.
There was n second shot, and | still
thought it was a firecracker, but l no
| ticcd cOmmotion in the street, and L
ran to the end of the gallery. | then saw
Officers Kennerly and Grizzard. Grz-
card had two pistols in his hands, one a
nckel-plated one. and the other blue
barrel. He dropped the blue-barrel one.
| thought he had the blue-barrel pisto.
in his right hand. AS soon as it fell he
went with Kenneriy up the street"
Cross-examined, witness said when he
talked with Grizzard in front of Chiles'
he noticed nothing out of the way with
him. He was just about as he usually
was. lie said he had known Rankin
several years. and he bore a reputation
of being a dangerous man when angry,
and would more than likely carry out
his threats.
Alex Gum, who lives near Webberville,
was the next witness, and he stated the
day of the killing he was standing near
the old Abe Williams corner, and to
questions he said:
81 witnessed the killing Of the man
Rankin. My attention was first called
TO it by n shot. looked and | saw a
small man shooting. | saw a ileshy man
mining Frnn him Wbnn tho SnnnnI
shot was fired he was running, and he
had nothing in his hands. He fell after
this shot, and was on his face. The
small man then shot him again, and
about this time another policeman took
hold of him. When | first saw this po-
liccman he was some five or six feet from
the small man, and he ran up to him and
caught him by the left arm. AS he did
so the man who did the shooting
reached back and took pistol from his
right hip pocket and dropped it down
by the dead man."
CrOSS-eXnmincd, witness said GriZZard
and Rankin were near some posts after
the first shot was fired 1.-The tleshy man
was not behind Il post from me. He
was going from the small man towards
the north and he had his back to him."
Witness then continued his story as
on direct examination and took the p,s-
tol in the court room and gave
practical illustration of how Grizzard
drew the blue barreled pistol from his
right hip pocket and dropped it. He
said: II don't know what his intention
was. He dropped it near the dead mans
head"
Eb Anderson, nephew of DR.. Worsham
and n University student, testified that
he saw the first shot Il was crossing
the Avenue, going towards the post
Office, and was in hurry looking for
some boys. | saw little man on the
plank bridge and he was walking north.
A fleshy man was coming down. going
south, and / passed in front of him and
as | did so the little man drew his pis-
tol. He held it in both hands and fired
spoken. was close enough and could
have heard if anything had been said.
After the first shot plugged up my ears
and went on towards the postoftce.
Just ms | passed in front of the tlcShy
man he stopped and then l saw the little
man draw his pistol"
Cross-examined. he said: "Thc neshy
on the plank bridge when | passed in
front of him and then it was | saw the
mar with the pistol. I didn't know who
he was going to shoot and l turned and
saw Mr.. Rankin and he had no pistol III
his hand. | could see both of the men.
| saw only the first shot fired. The
hcshy man never had n pistol. | saw
no pistol about him at any time
William Rankin, brother of the de-
ceased testified he was coming from din
ner the day his brother was killed. He
krcw James Grizzard. and he testified:
"Thc last time | recollect seeing him
was on Friday. the day before my
brother was killed. Jim Grizaard, Ken
ncrly and my brother were at my broth
cr's stable. They were talking friendly
and as | went in some one said let's go,
and they left think Mr.. Burdctt was
there and saw them MS they went out the
door. There were others who saw them
there. On the Thursday before my
brother WIS killed they were Mt the sta
BILE. On Friday they were friendly and
talking and Grizzard was laughing"
Witness stated that about ten days
before the killing, Grizzard and Kcl-
nerly visited the stable and it was the
first time kenncrly was ever there. 'lc
said his brother had not been in the habit
of carrying pistol for two years and
that for that length of time he had not
owned one. Sometimes when he made
trips he wanted to borrow II pistol. He,
the witness. had often advised him to
carry one, hut he refused, saying it would
he of no use.
Cross-cxamined: "Grizzard and Ken
Friday before he was killed. They came
in the back door and walked to the front.
II was in the afternoon and thCv were
talking friendly. When they left think
Mr.. RurdCtt was in the door and they
walked by him. On Thursday they were
thcrc in the forenoon talking"
Witness stated that he knew of his
personal knowledge that his brother had
not carried pistol in six months and
tNNt he was not armed the day he WAS
killed.
Mr.. T. 4. Burdctt testified that on Fri
dnv he went to Rankin's stnhlc and
Gri77ard passed him in front of II block
smith shop near the stable. He had n few
words with him about COW. Dian't know
wn"t direction Gri22Prd came from.
Justice Stuart testified Ms to the posi-
ton in which be found Rankir's body.
Vie WIS about Is inches from thc curb
ing, and pistol was lying between him
"ud the curling. not far from Mr.. Ran
Ein's head. He recognized the pistol in
, court rs the one. Tcstifving to the
! character of Mr. Rankin. whom he had
known for many years, ne said great
many persons looked upon him MS n
violent and dangerous man.
nr. Joe Wootcn testified he made a
& careful examination of the body of Nr.
Rankin and he found that all the hu')otS
,pt,p,l him, from, 4 f,,'