The Brownsville daily herald. [volume] (Brownsville, Tex.) 1897-1910, 1909-11-10

1CoA0AhS AZ Jan
That he was in Brownsville on Aprll
% engaged in painting the outside of
the Merchants National Bank at the
corner of Elizabeth and 18th streets,
being on the sidewalk at the second
window of the bank. Witness drew
a plat showing the exact location
of the bank, diagonally across the
street from the Bollack store and
indicated his position at the time
of the tragedy. He testified he had
known defendant by sight nearly six
months. Continuing his testimony
he said:
Mr. Dougherty and the negro
were here at this corner opposite
Bollack' sstore Indicating on plat
on 18th street. l was disturbed by
a noise as l was painting the win
dow, and turned I saw people and
heard a little row.
Q. Did you distinguish the
words?
A No, sir. l turned and / saw
,4e negro and Mr.. Daugherty NOV
ing around slightly and some words
in a high tone were spoken.
@. Could you tell what they
were?
A No Then in a few seconds
occurring during their moving
around and then / saw pistol raise
up and fire and then the negro
rushed off around the corner, along
in front of two buggies and then
along the sidewalk and down to-
wards the fort.
@. What street did the negro run
down?
A. Elizabeth.
Q. Now, could you see the hands
fthe parties except the time that
you saw the pistol?
A No, must have seen them but
not to notice them. l couldn't say
what position they were in could
not give the position of the hands.
Q. Now, which one of the two was
closest to you, Mr.. Carpenter?
A The negro most of the time,
there must have been some shift
ing around more perhaps than 1
thought.
@. Now, you only observed them
you say, a few seconds before the
shot was fired?
A Yes, not very long.
On cross examination, witness
seemed undecided in answering. He
could not describe position of hands
of Marcellus or the negro before the
shooting. He testified that defend
ant shot only once and made no
effort to do anything else after the
no word sthat ETAOINNETAOINN
shooting. He could distinguish no
words that defendant spoke, though
he said both spoke, as though in
quarrel. Continuing the examination
resulted as follows:
@. When you first saw them they
were apparently in a tsruggle, like
two me nfighting or in an alterca-
ton?
A That's all
Q. Ran away but came back in
STOPPING position?
A Yes, sir.
Q. You know, Mr.. Carpenter, that
Mr.. Doughetry at that time was an
officer?
A 1 didn't know, l understood
that he held some position.
O. But you didn't see him under
take to strike the negro, except you
saw a struggle, saw the negro go
away and come back in a STOPPING
attitude, is that correct?
A. That's correct.
@. Isn't it a fact Mr. Carpenter,
that the favorite way of a negro
to fight is to butt a man with his
cad?
A. AS I understand it and from
what l have seen of them in the
South that's the way they do it.
Q. 1t impressed you that way.
A. That's what it looked like to
me-
Q. What kind of a negro was this,
a big, stout, healthy looking negro?
A Yes, a pretty good looking,
strapping looking fellow.
Q. Much larger than this defend
ant?
A. Not taller but much stouter.
Q. How old did he appear to be?
A. 80, 4 or years old.
Q. Do you know that the defend
ant is a cripple?
A Yes.
@. A badly crippled man?
A Yes.
Q. According to the size Of the
two men as you saw them, would
/ he have any kind Of chance in