Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1908-06-09
WITNESSES TESTIFY
IN SAM TUBbS CASE
CASE ATTRACTING MUCH ATTEN-
TON THROUGHOUT THE
COUNTY - MANY PEo-
PIE ATTEND TRIAL.
The Stale Rests lis Case
After Having Number of Witnesses on
the Stand-Defense Is Now
Hearing Evidence-Some of
the Evidence As Given.
Many Witnesses.

The case of the State VS.. Sam
Tubbs is still occupying the time of
the district court, and no case tried
in this county for long time has at
tracted so much interest. The follow.
ing witnesses have testified up to
noon today:
Mrs Dave Pierce, the wife of the
deceased, was the first witness, but
was on the stand only a few min
utes. She was not cross-examined
The next witness was D. w. Huff
of Fort Worth, who was with Pierce
when he was killed. Mr.. Huff said
he was travelling salesman for the
Campbell Machinery company of Fort
Worth. That he met the defendant
Tubbs at the Dallas Fair in 1907, and
Tubbs, along with some other machine
cry, ordered a seven-horse power
portable gasoline engine. He after
wards changed this to a nine-horse
power stationary gasoline engine He
was to pay $125.00 cash and the bal
ance in wood. The witness Shipped
the machinery to Tubbs in due time
and went to Frankston to set it up.
There was some delay about collect
ing the cash payment, and he was fl
nally informed by Tubbs that he had
sold the machinery to other parties.
On being told this he communicated
with his principals, and they got out
seelestration papers !EEtiieeaA.ssesse-s:e Saai
to him to have served on the machin-
cry. He called on Pierce to serve
them, after talking with the sheriff
over the telephone On reaching the,
house they were invited in by Mr..
Tubbs' son, who told him Tubbs was
not there. They went in and sat
down by the fire. While sitting there
he thought he heard a slight noise
as of dog on the porch, and shortly
after that as if key turned in the
lock, but thought nothing of either.
They had been in the house perhaps
fifteen or twenty minutes when Tubbs
at the door leading into the
dining room, with shotgun in his
hand. He said, What are you -
= doing here?" and fired at
n
started to get up, but was struck by
1 bullet on the lapel of his overcoat
md fell to the floor. He then de-
,ided to feign death, thinking in this |
way he would save his life. He heard
rubbs say . you, / will |
tx both of you," and heard the gun
lick. When he heard Tubbs move |
way he tried to get Pierce's pistol,
tut was prevented by Tubbs' son. He
hen jumped up on the bed and Jump
ID through the window, carrying the
ash with him. He began running,
ut Tubbs pursued him and made him
top. He then made him pay $500
or having broken the window, reuuir-
ng him to lay it on a stump. The
fitness was pleading for his life to
e spared, and Tubbs finally told him
D leave. He ran again as soon as he
afely could, and reported the matter
the officers when he reached town.
He was cross-eXamined about the
osftion of the parties in the room
nd the location of the doors. He was
lso shown to have contradicted him.
Elf on some minor details in his evil
ence on the examining trial.
Fate Granger, negro, who worked
II Mr.. Tubbs, was on the gallery. He
NV Tubbs come to the house and go
|, and heard the gun. Tubbs came l
1t and told him to go after Mr.. Spen-
er. He also saw Tubbs running S
ter Mr.. Huff. When Tubbs came
the house he asked if the men had I
'me. He had his gun with him. He '
'emed to be coming from the direc- e
on of the mill where the machinery
as.
John r. Moore saw Tubbs in
'ankston several times on the day !
the killing. On one occasion Tubbs
ked him if Pierce had a right to
AXE the levy, and another time
lbbs asked him if the levy was go. s
g to be made. 6
Lucy Fain, a negro woman, lived p
a house on Mr. Tubbs' place. about p
irty yards from where this machin. e