Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-08-29


peculiar in McAllister's conduct the
night of the shooting. McAllister
had told him hat he was sick that
night.
Witness had seen Joe Crixell 80
or 40 minutes before the shooting
get on a horse and ride toward the
postofice. just prior to the shoot
ing he saw Crixell on horseback
coming from the direction of the
Miller hotel. He did not know
where McAllister was when he saw
Crixell the first time. Two men were
riding along with Crixell. He did
not know them, but later saw Crixell
with two policeman. At this time
witness was in front of the Bank
bar. When Crixell pasesd the last
time McAllister was sitting in a
chair across the street. Mr.. Mercer
said he was with Johnny and Capt.
Fox. He stated that it was FIVE or
ten minutes from the last time he
saw Crixell until the shooting be-
gan. He did not see Crixell get off
his horse, but did see him after he
got off the horse and before the
shooting.
When he next saw Crixell the lat
ter was coming down the street and
was fifteen or twenty feet from
Paul. The witness stated that he
did not hear anybody call out Joe,
oh, joe" The night, he said, was
ltolerably still. He did not remem-
Der If the band was playing on top
of the Miller hotel.
He said there was light in front
of the Club bar. He said he did not
see Mr.. Kraft in front Of the saloon,
but said he would have seen him had
he had he been standing there.
When witness looked around and
saw McAllister, the latter was
seated in the chair. Crixell, he said,
was ten or fifteen feet out in the
street, back of some hacks, and was
coming around the hacks towards
McAllister's side. He did not hear
any words between the two men.
lie testified that Crixell had one
hand somewhere about the front of
his body, but could not say exactly
where. He was not looking there
when the first shot was fired. He
Immediately looked around. He saw
Crixell fall, but did not see Meal
lister shoot down at Crixell when
the latter was on the ground. The
shooting, he said, took only an in
slant. He ran toward McAllister.
Fox reached defendant first and
took hold of the gun, released it and
caught McAllister by the arm, say
ing, Lets go across the street
Witness said Kraft was not sanding
in front Of the Club bar. He did
not know who was the second man
to get to the scene OF the shooting.
He said he was a little excited, but
not from fear. Witness stated that
he was with Fox when McAllister's
gun was examined. He said five, six
or seven shots were fired. He said
he knew a fellow by the name of Joe
who was working in a restaurant
next to the Club bar.
Witness stated that he did not
see DR.. Spohn that night, nor Phil
Barbour 0 Kraft. He said he had
seen Kraft once before the trial and
recognized him at the trial. He
heard no call before the shooting.
and did not see nor hear anyone
throw up his hands and cry MY
God! Stop that"
On cross examination, Mercer said
he was standing with his side to the
point where the shooting occurred.
He was not looking in that direction
but the first flash of the gun at
tracted his attention. The shots
were fired so fast that he could not
count them.
Witness said he saw no one in the
hacks standing near. and saw no one
run into a cafe. Testified that erik
ell always stood with hand or thumb
tucked in belt. On this occasion,
witness did not remember which
hand was before Crixell's waist.
Mercer said there was no one
about the place Of the shooting, and
he did not see anyone standing by a
barber pole. He saw several men
in front of Crixell's saloon, up the
street. He did o look to see If any
one vas on the gallery over the
Bank saloon.
Witness said he did not know
whether Crixell was shot in the
back. Crixell, he stated, wheeled
half around during the shooting, as