The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-07-29


talking, and throwed my head up and
saw Williams coming with shotgun in
his hand. He walked up and presented
his gun on Shurn and said: I've come
to kill you. l said: Gentlemen, you
can settle this without killing each other.
The gun was cooked. Shurn sag 10 me:
Ferguson Runnels wants to Kill me for
my crop. and | will die for my rights.
Williams said: Il told you some time
ago | was going to kill you, and as he
said that the gun fired. Shurn got up
and tried to get behind me and got out
his pistol, and when the gun fired he fell
and the pistol went off as he was fall
| ing"
Cross -examined. witness said: when
| Williams came up to where we were
| Willie Smith was with him. When he
got within about fifteen or twenty feet
of us he presented the gun at Shurn, who
was sitting on the ground, and he said:
I've come to kill YOU He kept the gun
| presented at Shurn all the time. Shurn's-
pistol was in his bosom and he drew it
| after he got up. 1t was after Shurn got
up that he said to me. Williams has
come to kill me about my crop, and | will
| die for my rights At the time he said
this he had drawn his pistol and was
| holding it in his hand and was pointing
| it at Williams. When he said 4 will
die for my rights the gun fired Shurn
ten feet away. Only one shot was fired
by Williams. | don't know how many
pistols Shurn had with him that day. |
didn't see but one"
Witness stated that he and the de
PENDANT were friendly.
This closed the testimony for the state.
Willie Smith, for the defendant, testi-
fed 81 was present when Shurn was
killed. Williams got me to go down there
to help put on load of fodder, and when
we got there we went to see Shurn about
the fodder. Williams said to Shurn:
What are YOU going to do about the fod-
der? and Shurn said: I'm going to
carry mine home and yours is down
yonder on the ground and don't you keep
by that time Shurn had got up and had
his pistol out. Williams said: Don't
do that. Shurn.' and just then Shurn
fred and then defendant turned and shot
him. am positive that Shurn 4
fired the first shot. Williams
was going backwards and telling Shurn
not to do that when Shurn fired. Louis
Ferguson was there, and he was
about ten feet from Shurn when he was
shot,
Cross-eXamned. witness was asked if
he did not tell one Dismukes that Will
liams had said to him that he was going
to kill Shurn. and he denied it. II told
him that Williams said if Shurn did not
quit foOling with him he would get hurt.
| suppose he told me this because he was
i'll passion. Williams asked me to 90
with him to hear what Shurn would say.
When we got there Shurn was down on
his knees. and Williams pointed his gun
ut him and said 'Shurn, what are you
going to do about the fodder Shurn
was still on his knees. Shurn had not
drawn his pistol, but was going after it,
Williams said won oupht IN lnt
half the fodder on the wagon, and
Shurn said no, that is my fodder and
I'm going to carry it home By that
time Shurn got out his pistol. Williams
had his gun down on Shurn and said
don't do that Shurn said you stop
bothering me about my fodder aud fired.
Shurn shot first. They were about ten
feet apart. Shurn backed little after
he shot"
Didn't you clap your hands when
tunnels shot Shurn!"
mo. sir"
Didn't you hear Williams say to,
Shurn, I'm going to kill you?''
No sir; if he said that, l didn't b
him." 40 u
Didn't you hear him say, I toiec- y
some time ago | was going to kill ..6ne'
No, sir: didn't hear him say thnl1,N
Leonard Russell testified: Il wah IS
ing fodder about sixty yards from Aat
when he was killed" NIX
Did YOU hear the shots?" IA
Yes; l heard two
Which fired first?' -
THE pistol
Cross-eXamined: How did you know
the difference between the shots: -
Il could tell, because the pistol shot
was the weakest. / knew it was pis-
tol. and Il A.
Witness said he saw the pistol after
Shurn was shot, and his Judgment was
it was a cap and ball pistol and As. He
thought so from the length of the pistol
barrel.
Justice Johnson was sworn and asked
about Williams calling on him few
days before the killing to obtain advice
as to the division of the crop. but the
state objected and the question was with
drawn.
, How many pistols did you find on the
Il found two; one in his hands, aud one
in his BOSOM
Did the defendant surrender to you:"
Yes, SIR
Will Smith, recalled, was asked if the
next day he was not at Shurn's
Il was there the same day, and saw
Patterson"
begged Williams not to take that gun
down there with him?'
No: sir; l did not. said no such
thing"
CrOss-eXamined: did you know when
you and Williams started to the field that
the dead man was there?"
No. sir; l did not
John Patterson, for the state. testified
he knew Willie Smith. Il saw him at
Shurn's the evening of the killing"
Did you have a conversation with
him about the killing?'
Yes. SIR
did he not say to you that he begged
Runnels not to take his gun?''
Yes, sir; and when pressed him why
he didn't want him to take the gun, he
said: Il was afraid he and Shurn would
have trouble"
Witness stated that others present
heard Smith make the statement.
Cross-eXamined, witness said that no
effort was made there to have Smith
change. his statement and say that Will
llams shot first. He told the crowd that
Shurn shot first and Shurn's daughter
spoke up and said she didn't believe her
| father shot first
Louis Ferguson, recalled by the state,
| was asked:
What, if anything. did this man Will
lie Smith do when Shurn was shot?"