Tried to email 2nd part but it didn't look like it sent so I'm splitting it up. If someday it does show up, please excuse the multiple emails. Continuation of Christmas shootout -Examing Trial as written in the Bastrop Advertisor 1/1884: HORACE NASH. being sworn for the state, say: 'I know Haywood Beatty, Robert Stevens, Charlie Goodman and Bert Hasley. I saw Haywood Beatty, Charley Goodman, Az Beatty, and Bert Hasley come into McDade together on the morning of the shooting. They came from across the railroad by the hotel. They rode up to the saloon and al got down except Az Beatty, who waited a few minutes and then rode back in the direction from whenee he came. In about 10 or 15 minutes Az Beatty came back and Jack Beatty and Robert Stevens came along behind him but they were not together. Robert Stevens and Jack Beatty came up in front of the saloon and got off their horses. When Az Beatty went back he went in a lope. While there at the saloon Jack Beatty and several were talking about the mob the night before and Jack Beatty said there are a G-d d-n lot of s-s of b-s around here accusing boys of doing things they are innocent of. Then Jack Beatty got up and pushed me and took me around the corner of the house, and when he got there he said Capt. Highsmith, d-n s-n of b-h, was who he was hitting at. Then he asked me which way that mob went. I told him that McKinley told me that they went around by John Kennedy's and around by the church. He then said that they went on down to Milton's house. He said that Bishop and Milton had accused Haywood Beatty of helping Fitzpatrick to kill Hefflington and robbing Winn, and that I, or we, intended to kill both Milton and Bishop. Then Haywood Beatty and Oscar and some of the boys stepped up to where we were talking and Jack left. Jack BEatty said Milton and Bishop were g-d s-s of b-s at the time he said we, or I intended to kill them. When I walked around in front of the saloon I told the boys that if they wanted to find out anything the way was to keep quiet and not say anything. I asked then to go and take a drink with me and Haywood and one of the other boys went in. In about five or ten minutes after I left the store and by the time I had gotten up by the Grange store, I heard a pistol shot, and then shooting commenced. When I told them that I would not say anything more about it Haywood said "I won't say a d-n thing more about it". O F NASH being sworn for the state, says: "I was at the saloon in McDade, on the morning of the 25th of December last. All three of the defendants were there; Jack Beatty and Az Beatty were also there. I asked them if they had heard of the hanging the night before and some one of the crowd said they had not heard it. I told Haywood Beatty that some one had remarked that the mob had called for him. Haywood BEatty said that they could get him. I heard Jack Beatty say that there was one s-m of a b-h in town, not far off, who had been talking too much, and if he did not mind he would get killed, and he said there were others in town who would suffer, too. When I told them that I had heard about the mob calling for Haywood Beatty, it seemed to make Stevens and all of them mad. Stevens talked in an angry and excited manner. In about ten minutes after this conversastion I heard the shooting. I saw Stevens again just after the row commenced, going down towards MIlton's store. He was running pretty fast when I saw him. I saw two shots fired. Don't know who fired one of them, but the other was fired by Haywood Beatty at Tom Bishop. Bishop was standing at the time. Bishop's back was to me; can't say whether he was in the act of shooting or not, I can't say whether he had a pistol. TOM BISHOP being sworn, for the state says: I am acquainted with the three defendants. I was sitting on the gallery of MIlton's store the morning of the shooting and reading a medical journal. Mr. Milton was back in the store at the desk writing. While there four men rode into town. They hitched their horses near the saloon by putting the reigns over the horns of each other's saddle. One of them looked down the street and around and then got on his horse and rode out of town. These parties were Haywood BEatty,. Az Beatty, Charles Goodman and Bert Hasley. The one who rode out of town was Az Beatty. He came back in a few minutes with Jack Beatty and Bob Stevens. Some came down to the post where I was sitting and some remained at the saloon. I think Charles Goodman came by and shook hands with me. He came back and went in by the beef market. Haywood and Jack Beatty came into the store. In a few minutes Az Beatty came down the street in a hurry, and when he got to the gallery he put his foot on the step and said "Tom Bishop, you G-d d-d so-n of a b-h, if you don't leave town I will kill you in twenty minutes." He then threw his hand behind him under his coat as if he was going to draw a pistol, and I asked him what right he had to make me leave town. He rushed towards me and said he would show me, and I got up and commenced to point my pistol. He shoved me off the gallery on the ground and I fired. He had hold of my pistol; when I fired he let loose. Several ran up, and commenced shooting at me, Haywood Beatty was one of them and Charley Goodman was one. I was standing up when Haywood BEatty and Charles Goodman shot at me. I had not shot or attempted to shoot at Haywood Beatty or Charley Goodman when they shot at me, Jack Beatty came-running up with a knife drawn on me, and he cut at me. Just as the shooting was about to stop I saw Stevens about the corner of the beef market and he started to run across the street. He ran in the direction of the lumber yard. Haywood shot at me five or six times. Goodman shot at me two or three times. I took it to be Haywood Beatty who shot in the direction of Willie Griffin. While Az Beatty was talking to me Jack Beatty was in the store and Haywood Beatty was in the store or near the front door. When Az Beatty came down to the store he came in a very fast walk or run. He seemed to be angry when he first came to me. Saturday evening before the difficulty at Milton's store, Az Beatty said that the wouldn't leave town until he got away with Tom Bishop. I told him that was as good a time as any. Az Beatty weighed about 165 or 170 pounds. Haywood Beatty asked Az to het on his horse and go home. This was the Saturday before and Az said he would not go until he got away with Tom Bishop. Cross Examined: Willie Griffin ran down from the Nash Saloon while the fight was going on. He was armed with a Colt's 45 pistol. He came up with the pistol in his hand. Can't say whether he fired it or not. Willie Griffin fell six or seven steps south-west and to my left, while Haywood Beatty was a little to the right and back of Willie Griffin. While the fight was going on I saw Stevens with Charley Goodman and Bert Hasley between the store and beef market, and Goodman shot at me. Re-examined: Young Griffin is my wife's uncle. At the time Griffin was killed he was not standing directly between me and Haywood Beatty. He was to the left. If Haywood Beatty had shot at me he would have necessarily missed Griffin four feet or more. Stevens is a brother-in-law to the Beattys. HORACE NASH being recalled for the state, says: I saw part of the shooting in McDade on the morning of the 25th of December 1883. The first shot fired and I looked around and saw Az Beatty and Bishop scuffling then another shot fired and then they stepped off of the gallery and got out a piece from the gallery and Az BEatty fell; both of them had hold of a pistol. Jack Beatty ran up close to where Bishop and Az were. Jack reached out one hand as if to catch Tom Bishop and then stepped back; then Bishop got his pistol from Az and shot Jack Beatty and he fell. The Will Griffin ran up close to where Bishop was, and had his pistol up in his hand, then Haywood shot and Will Griffin fell. Haywood Beatty pointed his pistol at Griffin and shot, and Griffin fell. Haywood Beatty was about 12 or 15 feet from griffin when he shot. There were 25 or 30 shots fired. CAPT M B HIGHSMITH for the state: Was in the saloon when the men rode up on the morning of December 25th; heard Jack Beatty say that "there were some G-d d-d s-s of b-s in the town who had accused Haywood Beatty of being concerned in the killing of Heffington and G-d D-n them some of then had to die and they were not far off'. He saw Haywood Beatty shoot Willie Griffin, don't think Griffin shot anyone but that his pistol went off as he fell;did not see Goodman during the conflict. HENRY CLARK; for the state; Was present when the men rode up to the saloon; they were talking about the hanging; one of them said the man who would take old man McLemore out and hang him was a G-d d-n rascal, and about that time Jack Beatty said, "Let Bishop and Az Beatty come off the gallery at Milton's store and if they were struggling; saw Haywood Beatty with his pistol on the left side of the door; saw Tom Bishop jerk the pistol from Az Beatty, and then thought he heard the report of a pistol; then saw Goodman shoot from the butcher shop; Milton then stepped off the gallery and said, "that won't do boys; that won't do;' hen heard two shots from a shot gun. Haywood Beatty then gegan to back and then he shot towards Tom Bishop and then towards Milton; the third shot that Haywood Beatty made he had his pistol pointed at Will Griffin, and Griffin fell. Haywood Beatty and Goodman both shot at Milton and Bishop before either of them shot at Haywood Beatty and Goodman. MRS. JACK BEATTY for the defendants testified as follows; 'I am the wife of Jack Beatty, deceased. I last saw him at his father's on the night of the 24th of December, 1883. We went over there to stay all night. Robert Stevens and his family were also at old man Beatty's. Jack Haywood and Az Beatty together with Robert Stevens, Chas. Goodman and Bird Hasley left old man Beatty's about 7 o'clock to go to McDade; they would be back by 11 o'clock. Jack Beatty had no pistol and left all the pocket knife he had at home (The knife was here produced in court). Jack Beatty had Horace Nash's pistol borrowed for the purpose of killing hogs. The pistol was at home in the bureau drawer. Jack Beatty had no pistol of his own. J. W. WESTBROOK being sworn for the state, says: I was standing about 80 yards from the store where the difficulty occured; saw Az shove Bishop backwards off of Milton's gallery; shoved him about 25 feet from the gallery. Bishop falling ratherin a squatting position; theywere scuffling over something in the hands of one or the other; while in this position Jack Beatty ran up a few feet of them; about this time there was another pistol shot; Az fell back in a seated position; all this time the firing became general. Directly after Jack Beatty fell I saw Haywood pass around from the direction of the house to opposite side of the parties mentioned at about this time I saw Griffin fall; when Haywood Beatty moved further from the parties and a little to the left and fired in the direction of Bishop. Bishop returned the fire immediately. About this time I saw Milton appear and fire in the direction of Haywood, then Haywood ran in the direction of the stock pen; the second shot seemed to be between Bishop and Az. GOLDSTICKER being sworn for the state says: Goodman came in to Bassist's store, in which I am clerking, on the morning of the shooting in McDade and about 15 or 20 minutes before and bought fifty 44 Winchester cartridges. I have sold these same kind of cartridges for pistol use. W. S. PORTER being sworn for the state, says: I saw some of the shooting at McDade on the 25th of December 1883. I was in the back part of Bassist's store when the shooting occured. I ran out on the front gallery and was there about 100 feet from the shooting. I saw Az down on his knees and he and Bishop seemed to be scuffling over a pistol. Directly Haywood ran aroudn out of Milton's house, about that time Griffin came up and about that time Jack Beatty ran out and at this time MIlton stepped out on his gallery and he had a shot gun. During the fight, Haywood ran up on our gallery and as he came up he was either taking the blank cartridges out of his pistol or reloading it, I can't say which. I told him to get off the gallery and he did so; did not notice him any more. Tammy Owen Bastrop CO, TX Coordinator Bastropcc@aol.com http://www.rootsweb.com/~txbastro/bastrop.htm http://freepages.genealogy.rootsweb.com/~txtammy/bastrop/bastropmain.html