The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-12

| irg occurred. II was ous week before tn
killing that SuAIth came home drunk an
was abusive. On the day before the KILN
| Smith was again angry with her and yer
time. Witness had heard boyce previous L
this time threaten to kill Smith. He ha'
been PLACED under a peace bond In conse
Quence OF these threats. II was three o
four weeks after Boyce was placed uuder
peace bond That he Killed Smith. witnes
did not see any weapon. upon Smith whei
he was killed. II was Smiths habit to q
| armed
| BY the defense--Smlth upon two DIFF
| ferent occasions had attempted 10 XII
| Boyce and had several times threatened 4
| kill him, Smith always said that one o.
| the other would be killed. Boyce said h'
would kill Smith " he continued hi
abuse and III treatment OF witness ant
| other members OF the Boyce family.
| Mrs. Martin, the next witness. was
neighber OF the Boyces and Smiths On
| September 2, 1896, she lived about hall
block from them. She was at homo when
Smith was killed She heard shot ana
looked out and there was another shot
hrod. She looked out and saw a man with
a gun standing on some elevation on the
Boyce side OF the fence. After the shoot
ing saw the man with the gun jump down
from what he was standing upon. The
man with the gun was on an elevation near
the fence. After the shooting ! saw a
man come out of the Boyce residence with
gun. Did not know who 1t was. but 1t
was young man.
BY the defense--Tbe man who fired the
shots went toward the Boyce house after
the shooting and did not Jump over the
fence into the Smith premises. He after
ward walked out of the Doyce house on
Lailranch street.
Or. Shaw was the next witness. He ex-
...4t. al La
died from gunshot wounds There were
between eleven and fourteen wounds In the
body. The bullets entered TO the right OF
the back. Witness knew nothing OF any
previous difficulty between Smith and
Boyce or Of any threats.
Judge j. T. Mahoney was Justice of the
peace when Smith was killed and held the
inquest over the body. Smith was dressed
In an undershrt and pants. There was
no pistol or pistol scabbard upon the body.
Witness made an examination of the
premises. He saw barrel standing near
the fence on the Boyce side and there were
two empty cartridges lying on the ground
near the barrel
By the defense Mrs Smith did not ask
witness for the pistol he had taken from
Smiths body He saw no pistol On the
body, There was crowd around the place
when witness got there II was a dude belt
that the deceased had on.
JeG u. bryan, attorney. was introduced
and asked as TO threats made by Boyce to-
ward Smith
Witness said hs knowledge was os a
privileged character, communication made
to him Aa counsel b. his client He vas
excused by the court.
j. II. Brockman. attorney the next wit
ness. knew Smith ard Boyce. He WAS "A,
Smiths house a week before the killing
llo went there that night with Smith and
Mrs Smith uphralded her husband for be-
Ing ont late They began quarreling and
witness said he would retire. Witness had
a shotgun al Smiths house and started to
take IL away with him. Smith begged him
not TO 20, saying that he was likely to be
killed
This statement Of Smith was objected to
and ruled out OF order
smith started TO 20 with witness when
be- was intercepted hy Mrs smith ON get
ting to the door Smith said to his wife
There's some Of your sneakIng relatives
luw out there bohnd that tree" Witness
"uut ouf gpt found Royce there when he
e" Boyce he had nothing He lHoyce)
vent and sni q gun and loSclod IL ut smith. !
d bon Wl'uess lryciei his .un az Royce and
old him uo' 40 shoot This was just one
Ases before thc killing.
ly he defense Boyce said Smith had
'Frn maitgrAt.Hg hs sister and abusing his
So y'r - family Witness had frequently
,aen a. ilr Smith bouse and heard Smith
boo" ihe boyce family he would do it
way ihst he poyccs could hear a. In
ieiEtarA he language that Smith used to-
7ari tne Hoycs e vas Of such an indecen,
character hat the ladies Mere asked to
esfc Inc court room
lprge j IIlsscy. OK Justice ~ the
'eacr ~as she nest witness FOR the state.
7e detailed the fact 81 Boycc being before
.is r1afi 0n 'he charge of making threats
.fainst smith Royce was on the witness
.'aHd aHd ihorc De repeated his threat.
20! sg that y Smith continued his treat
rent Of hs sister he would carry out
hose threats
d. y Bryan testified 10 having heard
'oyc" make his statcmcn, roitcratlyo ~
DDS threats upon the witness stand IN
Justice Husseg court
MI STANLEY Thompson. attorney. was In
reduced Uc said ahou; week before the
dl'ine be- was called 70 defend Smith. who
vas CHARGED vita threatening the life OF
Joyce ON that trial Royce said that he
would neither say that ne would or would (
io' carry out threats against Smith.
lfoWty Constable jim Wynn testified TO |
larng Smith under arrest on one occasion. I
Nhen boYce passed him on the street and |
'ui his hani into hs nockct
Here the State rested