Hi Susan, and list, You wrote: > Is there any more info about the killing of James Dennis by James Dougherty? > Dougherty was indicted in the 4 Dec 1896 Higbee News article. This James > Dennis was part of my clan and I did not know of the killing. Susan > > Yes, there is more.............However, I post it to you with some trepidation. I have extracted the Howard county Advertiser, from it's beginning up until about 1910, when I stopped a few years back. Someday, but it may be years from now, I will post it to the list. Right now, I'm up to my eyeballs and then some just getting the Higbee News online. There is enough work to keep a full-time staff working 40 hrs a week. I wish I could post it all at once, but there just isn't time. But for now, here is what I had on this incident in my Howard County Advertiser files. The Howard County Advertiser is on microfilm, available for rental through inter-library loan for anyone who wants to dig further. I extracted everything from this particular case because, like most of the rest of the folks on this list, I have Dougherty's in my family tree. The last half and 1896 through early 1900, was not available on microfilm. Although the Advertiser had issues as early as 1863, there were huge gaps in the available of these papers for microfilming, so there are just a few issues here and there all through the 1800's. It is a little more comprehensive after 1900, but even then there is a several year gap between 1905-1908. Kathy 15 May 1896--DOUGHERTY PRELIMINARY--The preliminary hearing of Jas. and Joe Willie Dougherty was held at the court-house before Esq. J. B. Warren on Thursday afternoon last. No witnesses were examined for the defence, and on the evidence given, Squire Warren ordered Jas. Dougherty remanded to jail without bail to await the action of the grand jury; Joe Will Dougherty being released and discharged. The following, is the evidence as taken down by Miss Laura Mitchell for the state: RICHARD TURNER, BEING SWORN TESTIFIED: "I fill the official position of coroner, and held the position on the second day of May, 1896. I viewed the body of James Dennis and found two wounds; one was under the left arm and came out near the nipple; the other was on the right side of the body, a little below the arm. They were sufficient to produce death, and did." DAVID PITNEY BEING SWORN TESTIFIED: "My name is David Pitney; I live in Howard County, in the north part; I was in Burton on the 2nd day of May, 1896; I saw the shooting between the Dougherty boys and James Dennis; I did not see the difficulty when it commenced: I was standing off from the crowd some piece; I saw Dennis with a brick and I walked up to see what was going on. Jas. Dennis had a half brick in his hand, and started to hit Majors; I grabbed him and told him not to hit him. He turned and asked Joe Willie Dougherty what in the hell it was to him, and hit him with the brick and then Dennis walked up the side-walk. Jim Dougherty pulled his gun, and stepped back and told him not to shoot. Then Dennis stepped back and told him not to shoot he would quit. Dougherty got the first shot, and started to run; Dennis shot Joe Will Dougherty twice, Dougherty ran back and shot Dennis and started to run again, and Dennis shot him; he shot at Joe Will again and fell dead. "Jas. Dougherty was about five feet from Jas. Dennis when he fired the first shot; Dennis had his back to Dougherty and was stooping over; he had dropped the brick and had nothing in his hands when Doughert shot him. No one was scuffling when Joe Will Dougherty came up; I never heard him say anything; the first thing I saw of him he was standing on the edge of the platform; Dennis was going away from him at the time the shooting took place." CROSS EXAMINATION. "I got to Burton Saturday evening about ten minutes to 6 o'clcok; the fightening took place after seven. I was standing in front of Dr. Scott's drug store; I walked up there and found both Majors, Jim Dennis and several other parties, I cannot call their names; I noticed Majors and Dennis, because I held Dennis when he started to hit Majors; all this lasted about twenty or thirty minutes; I was not there when Dennis and Broadus had their difficulty; I had Mr. Dennis by the arm. Joe Will Dougherty was not there when I came up, but he walked right up. I never saw him do anything; I had hold of Dennis' arm; he turned right around to Joe Willie Dougherty and said "What in the hell are you after," and hit him with a brick he did not strike at Jas. Dougherty, with the brick. After he dropped the brick he turned from Jim Dougherty; the first thing I saw Jim had his pistol pulled; Dennis pulled his pistol after he was shoot the first time, out of his pocket; he was in a stooped position; he wheeled right around and shot at Joe Will Dougherty; Jim Dougherty went away from him and Dennis shot at Joe Will Dougherty again. Dennis was about five feet from Dougherty when he was shot the first time; the second time, about ten feet; I did not testify at the coroner's inquest. "Dennis was drinking; I had just seen him at the time; I did not see him have any difficulty with any one else; I did not get in until six o'clock; I do not know whether the Dougherty boys were drinking or not; I took two drinks as soon as I got there; I got the whiskey in Burton; Dennis walked about thirty feet up towards Scott's drug store after he was shot before he fell. (Shown the Pistol.) "This looks like the pistol Dougherty used; I never noticed whether he used both hands or one; Dennis used a 32 pistol; he did not have any difficulty in getting it from his pocket. He was going from Dougherty with his back to him and as soon as the shot was fired he turned and fired his pistol at Joe Willie Dougherty; his hands were by his side before the first shot, with nothing in them; then he put his hands in his pocket with his back to Dougherty. I will not swear Dennis' pistol was a 32, some one told me it was. "I saw Dougherty after he fired his pistol, he was about five feet; I was looking at him and Dennis and saw both of them start to run at the same time; I was standing by the side walk and Dougherty was to the left, and Dennis was going that way; I was at this side and he had no gun. I did not leave Dennis, I stepped back on the sidewalk; Dennis walked away from me, and Dougherty was about five feet. Dennis and Dougherty were about ten feet apart. RE-EXAMINATION BY STATE. "I let loose when I saw the pistol. He told Dougherty not to shoot that he would quit." RE CROSS-EXAMINATION. "Dougherty pulled the pistol with one hand but could not pull it, and then took both hands. Dennis turned as soon as he shot the pistol; I did not see the pistol before Dennis pulled it. I saw him get the pistol out of his pocket; I was looking at him when he fired and I saw the Dougherty boys at the same time." FRANK PITNEY BEING SWON TESTIFIED: "I live in burton, Howard county, and was at Burton on the 2nd day of May, 1896. The first thing I saw of the shooting was when I rode up on a horse, and Dennis was standing with a brick in his hand, and Joe Dougherty rode up behind me and jumped down from his horse and said "hold my horse", and he went towards Dennis and Dennis hit him with that brick. Jim Dougherty shot him and my horse ran with me. Jim Dennis was standing with a brick in his hand, Joe Dougherty was walking pretty fast. James Dougherty came up and drew his gun. Dennis was was going from him; he was about two feet when Dougherty drew his pistol, with his back toward Dougherty, and said, "don't shoot, I will quit." I cannot tell whether he fired the pistol the first time he tried, he had both hands on it when I saw him. My horse ran with me when he fired the first shot." CROSS EXAMINATION--"Dave Pitney and I are brothers; I was nineteen years old the 13th day of August; we have not talked the matter over; we do not live in the same house; I have met him to-day. I live six miles from Burton, I was at Burton Monday. "I got to Burton about four o'clock Saturday afternoon; I saw Dennis as soon as I got there; he was not doing a thing, he did not seem to be drinking; I cannot say whether he was drunk or sober; he was standing with a brick in his hand when I rode up, Dougherty told me to hold his horse when he rode up; Dennis was standing about eight feet from me; I did not hear Joe Will say anything. "I saw Jim Dougherty the first time when I saw him with a pistol: I do not know where he came from; he was about four feet from; I did not see him before Dennis dropped the brick; did not see the pistol until Dennis turned back on him; when Dennis struck Joe Will with the brick, I did not see Dennis drop the brick; just as he struck Joe Will; Jim Dougherty drew his pistol." JOHN MORRIS, BEING SWORN, TESTIFIED: "I live at Burton. I saw a pistol like that at Burton, at Mr. Andrew's store. the man who had it was a stranger to me at the time. I did not know who it was. I was told it was young Dougherty, he had the pistol and he remarked that "By God I'll fix him and dam him, I'll kill him. He put the pistol in his pocket. I did not see the other Dougherty in the store at the time. I saw the younger Dougherty standing on the street as I started home, it was about three quarters of an hour after I heard him make the threat. It was after I left there. CROSS EXAMINATION--It was between three and four after I heard him make the threat. I was not there at the time of the shooting. He did not call any names when he made the threat. I did not see Jim Dougherty at all. I saw Jim Dennis a few minutes after I got to Burton about three o'clock. He was standing on the platform in front of Andrew's store. He was not doing anything, when I next saw him. I heard him talk about several things. I know that Dennis was drunk and trying to raise a fuss. The last time I saw him the boys were carrying him up the railraod his brother and Sam Robb. I am distantly related to Dennis. SAM GRIGSBY, BEING SWORN, TESTIFIED: "I live in burton, am engaged in business there. I was in Burton on the 2d day of May, 1896. (shown pistol) I do not know whether I ever saw that pistol or not, I saw one that looked like it. I saw a man by the name of Knowell have a pistol and he handed it to Joe Will Dougherty. Knowell came into the room excited, it seems that he had had trouble with some one and it appeared that he was afraid of him, and Joe Will told Knowell, that if any one jumped on him just to slug it to him and knock him down with something. Knowell gave the pistol to Joe Will Dougherty. I did not hear Jas. Dougherty say anthing about the matter. He was in the room. I did not know that it was the same pistol. I do not know how Jas. Dougherty got the pistol. I was waiting on Jas. Dougherty ahd he said he would go out and see and if Joe Will was in trouble or not. I saw Knowell give Joe Will Dougherty the pistol, I saw Jim Doughert go out and when he came back he had a pistol. I do not know about how long it was, it might have been some where about four o'clock or later, it might have been three o'clock. I heard Joe Will Dougherty say if any one jumped on him he would slug it to him, if any one followed him up and jumped on him he would slug it to him. the last I saw of it Jim Dougherty had the pistol. CROSS-EXAMINATION--Mr. Morris was in the store with me but I don't know whether he heard the same conversation I did or not. I do not know of any other conversation between the Dougherty boys and Knowell, I do not know whether Morris was in the store at the time of the conversation or not, I think he was. I was waiting on a customer at the time of the conversation. I think I heard Morris say it was about three or four o'clock. I did not see Jim Dougherty in the store at the time, he might have been in the room at the time but I did not know it. I was selling Jim a pair of shoes and he said he was afraid Joe Will would get into trouble and he would go out and see what he was doing. I heard swearing but I did not know who it was. Jim came back in the store and I sold him the shoes. I did not hear Jim Dougherty say he would kill some one before night, I only heart what he said to Knowell. I left the store between six and seven o'clock, I knew about the killing. I saw Mr. Dennis during the afternoon, I think he was drinking, I saw him at a distance with Buck Robb. It was after he was in trouble with Knowell. I do not know that he was in trouble with Knowell. I do not know what time it was after I heard the conversation between Knowell and Dougherty. I saw Dennis with Robb, he was fussy and quarrelsome. I do not know who Knowell had the fuss with, I heard it was with Jim Dennis. It was my understanding that Knowell was telling Joe Will Dougherty about Dennis. 16 May 1896--IN MEMORY--It is with sad hearts that we now give an account of our dear beloved friend, James Dennis, who was so quickly snatched from this earth. He died May 2d, 1896, and was buried at the log chapel graveyard on the bright Sabbath eve of May 3, and as his friends and dear ones took the look of farewell they sung the song of Going By. It is almost more than we can bear to think that he never more will be with us. Jim leaves many warm friends. The only way we could number his friends would be by his many acquaintances. He left his home Friday eve and told his mother that he would be back Sunday evening. Little did he think that death was so near. He was the youngest son of the widow Susan Dennis. His age was about 23 years. There could be no one loved any better by his associates that Jim was, for he was always ready to help them in any manner that he could, so much will we miss him from our circle. Many wreaths and bouquets were brought and placed on his grave by his young friends. He leaves two dear brothers and half brothers and a broken hearted mother who's trouble we wish we could help bear. It seemed so hard for her to give him up. He was her dear baby and only single son, but we would say don't grieve so mother, for our Father knows what is best, and we freely offer our deepest sympathy and ask God in his mercy to comfort her and the many sorrowing friends. (Very sentimental four verse poem follows) A FRIEND.