The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1908-05-22

that he had heard all three remarks.
Witness said he himself was per-
fectly cool. AS cool as | am now.
as he expressed it.
d, c. Burns was the first witness.
His testimony was substantially that
he had been sick and laying off fr m
work, bat was sitting in the doc :
way of the saloon Tom Kent came
across the street in a diagonal direc-
ton and went into the door, speak
ing to the witness as he came in He
had been there only a few minutes
possibly two minutes-when the
shots were fired. Beall came up the
street from the direction of Crow
dus street. Witness saw Beall make
| no demonstration; did not know
whether he made any threatening
motion or not Witness said that
Beall fell with his feet just outside
| the door and with his head inside,
At the time that Kent fired the last
| two shots he was about two feet from
Beall: he did not lean over. nor did
| he touch the body. Defendant was
not excited in the least. Il never saw
| a cooler man." said the witness. Wit
ness had never witnessed any prev
! ious trouble between Beall and Kent.
! nor did he know of any.
| Witness said that every shot was
fired while the two men were facing
each other, the first while deceased
was on the sidewalk, and the last
two while the body was on the floor,
half way in and half way out the
saloon. He said that the two last
bullets went into the floor, one of
| I n eril pninpr ir n191a a slight
gouged place in the planks; he could
not say whether that bullet had en-
tered Bealls body as it rebounded,
| On redirect examination by Mr..
Seay. witness said that three shots
had been fired He did not see what
was taken off Beall's body when the
officers searched it. All he saw was
a letter He did not observe the con-
dition of the collar or the dead man S
face as to powder burns.
William Skaggs, who said he liv-
ed at 107 Smith street. testified
that he had known Beall for two and
one-half years; had known Kent
about the same length of time, He
said that he and Beall were walking
down the street from Fay's saloon
We're walking west on Elm street.
just dS VIC Sot Oppcciic tlit -t
LOOM said the witness. Kent walk
ed out the door with gun. He rails
ed the gun and fired. Beall caught
me by the shoulder and at the sec
ond shot had pulled me back.
could not see behind me-"
Witness said that BealFs hand hat
been on his shoulder as they walk
ed UP the street. He did not hear {
%ha ,hr %,
Kent, he said, had "maneuvered af
ter the first shot and had possibl,
changed his position before the thirt
shot.
On cross examination witness sale
the first he saw of Kent was as h,
pulled the pistol up and fred. 1t wa
done very quickly--instantly il
fact Did not see him draw the gun
Further cross-examination develop
ed the positive statement that al
three shots were fired while he ant
Beall were outside the saloon, an,
that they were all fired while Kent
face was toward the street.
DR.. H. l.. Moore and E. z. Nix fol
lowed Skaggs on the stand. Dr.
Moore told of the position of tn
wounds, and that the deceased wa
very probably dead after the frs
shot
NiX's testimony was in substanc
as given heretofore, he testifying +
the remarks he had heard and be
ing positive in their repetition.
The hearing being concluded Jus
tice Williams announced that the de
fendant would be remanded to jai
without bail to await the action @
the grand jury.