The Brownsville daily herald. [volume] (Brownsville, Tex.) 1897-1910, 1909-11-10
trial in this case. didn't you?


mind was fresher then or if is is
fresher now about thi sthing?
A l can see the thing as fresh
in my mind as l could then.
@. Now, Mr. Carpenter, at the
time the shot was fired how close
were they to each other?
A Well, l suppose they were
pretty close together, you have got
me muddled now until don't where
j am.
@. Carry your mind back.
A. l can't. My mind is all mud
died up and l am scared so that l
don't know-my mind is all muddled
and l don't know what to say.
Q. Now, how close together were
they when the shot was fired?
A l told you before what l
thought and now I am going to con-
tradict myself.
@. You are afraid that if you
told it again you would contradict
yourself?
A Yes. am all wrought up-un-
strung.
Continuing, he said he supposed
that they were prtety close together.
Did not know how close. Never saw
them clinched, and did not know
whether their hands were on each
other, though he thought they were
close enoug TO touch each other. On
being pressed, witness declared he
had forgotten what he did see of
Marcellus and might contradict him
self Here followed:
@. Who has talked to you about
this case?
A You. (Referring to Mr.
Branch
Q. And who else?
A. And the gentlemn's friend, and
l asked spoke to Mr.. Hudson, but
not much about this case.
Q. How long did you talk to Mr..
Hudson about it?
A Perhaps a couple of minutes.
@. When was that?
A. Since 1 have been down here,
the first day I came, l think-last
Tuesday.
O. Didn't you spend the morning
with him?
A No, just a few minutes.
Q. Now. l will ask you to state
whether or not their hands were on
each other at the time. the negro
approached Mr.. Dougherty?
A Idon't know. l cant say.
Q. Did you see the defendant
draw his pistol?
A No, did not see him draw ii.
Q. When did you see the pistol
W. was tie defendant do;:s with
it?
A He had it up in position 10
shoot
Q. In what position was the negro
at that time?
A. Well in-he appeared to me
just moving around.
@. What position was his head
in?
a. Bent.
Q. Was he moving his head or
keeping it still?
A l don't know about that it
was done so quickly.
Q. You really didn't see much Of
it?
A. No, I didn't. Just what I told
you I saw I saw very little OF it,
just a few seconds.
Q. And you won't say whether he
did, or did not have his hands. on
the negro before the shot was fired?
4 l don't know can't say
whether his hands were nhim or
not.
On re-cross examination, Mr. Car
ponter testified that he had no in
terest whatever in this case or in the
defendant.
Sheriff c. Cara testified as to
the death of the negro and his eff
lects which were removed from his
pockets by the justice of the peace
and handed to the sheriff. These
the sheriff deposed comprised an
ordinary pen knife, whose longest
blade was about 1 rs inches long,
which was closed and in the pocket
of the negro. He did not see any
pistol on the bOGy. nd not see
deceased until after the shooting.
AT the opening of court this morn
ing the defense announced that 1t
would introduce no witnesses.
E. T Branch for the State, then
spoke briefly. outlining the differ
ent degrees of murder as recognized
by the statutes ana asked for a con
viction on the ground that the ac-
cused was clearly shown to have
! heen in the language of the law