Tammy thank you for doing this, I thank you so much. I will do as much as I can this week end. I have this article and it is so badly photocopied I could only make certain things out, this clears up a lot of things. Thanks Lisa ---------- > From: Bastropcc@aol.com > To: TXBASTRO-L@rootsweb.com > Subject: [TXBASTRO] shootout email #3 (last) > Date: August 3, 2000 9:16 PM > > last part of newspaper article. > > W H KENNEDY > being sworn for the state, says: > I saw some of the shooting at McDade, Dec 25, 1883. I saw Haywood shoot at > Griffin and saw Griffin fall. I don't remember seing Goodman shoot as I was > watching Haywood Beatty. > > G. D. FLETCHER > being sworn for the state says: > I was in the depot when the shooting occurred, in McDade. I saw Haywood > Beatty shoot Willie Griffin. I saw Haywood shoot at Thomas Bishop. I did not > notice Goodman Shoot. I was about 50 yards out. Griffin was standing still, > with pistol in his hand, when Haywood shot him. > > J S BROWN > being sworn for the state says: > I saw the shooting at McDade. I was at Milton's store. Az came up on the > gallery to where Bishop was sitting, put his hand behind him and under his > coat as if to draw a pistol, and said "Tom Bishop, leave this place. G-d d-n > you." Tom said "I won't leave here; what right you have to order me to leave > here, you d-n s-n of a b-h. Az then started towards Bishop and I heard a shot > fire. I stepped to the door as quick as I could and saw them both hold of a > pistol. Beatty backed Bishop off the gallery backwards and continued to back > about 20 feet from the gallery. In the scuffle Bishop got down on his hip, in > the scuffle the pistol went off; Az fell on his right side. About this time > Haywood was standing at one side of Milton's store door with his pistol > pointing in. At this time Jack Beatty came running out to where Bishop and Az > were, and drew his hand up. I did not see anything in it and Bishop then shot > him. When Jack ran out of the store then Milton came out on the gallery. > Haywood ran back towards the stock pen and raised his pistol and fired and > Griffin fell. Haywood then ran towards' Basist's store. Milton fired towards > him and he turned as if he was struck. I then saw Milton shoot up towards the > lumber yard. I don't know who he shot at. When Az started towards Bishop on > the gallery he told Bishop that he would make him leave. Az came on the > gallery about 16 feet distance from Bishop who was seated on the other side. > > WEST WALKER > being swore for the state, says: > I saw Haywood shoot Willie Griffin. Griffin was not doing anything when > Beatty shot him. > > W. B. BILLINGSLEY > witness for the defendants being sworn on oath says: > On the morning of December 25, 1883, I came up town where I saw Milton go > into his store at the side door with a gun. I took the gun he had to be a > Winchester. I then went on up to my store, passing the rock saloon. While I > was at my store I saw Jack Beatty, Az and Bob Stevens ride up. I met Bob and > told him that three men had been taken off the night before. Stevens seemed > to be bery much surprised at the news. We went back to the crowd before the > rock saloon. I think that Oscar Nash remarked that the mob called for Haywood > Beatty. Jack Beatty at this time became very much excited at some one saying > that Milton said that Haywood aided Leff Fitzpatrick who killed Heffington, > to escape. Jack Beatty was very angry and denounced the charges as false, > cursed and went on in the direction of Milton's. I, with Stevens, went on to > my store to exchange a pair of boots for Stevens. While there a gun fired. > Stevens was then looking at a pair of boots. He was then in his shirt > sleeves, He had no arms about him that I saw. He might have had a pistol in > his pants pockets for all I know. We both stepped to the door and Stevens > said 'somebody is shot.' I then saw Bishop and Az shuffling over something I > taken to be a pistol; Beatty was in a sitting position. Tom Bishop succeeded > in securing the pistol and fired. Stevens ran down to where the fight was, or > in that direction, I lost sight of him during the fight. I followed and > walked very slow. Milton was on his gallery and said 'G-d d-n you, don't you > touch him.' Jack Beatty was under the cover of Milton's gun when he made the > remark above. I was then past the rock saloon and where the shooting was. As > soon as Bishop got loos from Az, Bishop shot at Az and Az fell. Bishop then > whirled toward Jack Beatty and he and Milton fired simultaneously and Jack > Beatty fell. I saw Will Griffin run out of the saloon and to where the fight > was with a pistol in his hand. He did not seem to be shooting but had his > pistol up in his hand. Griffin then fell and his pistol fired in the air. > Bishop, Milton and Haywood were all firing when Griffin fell. AFter Griffin > fell I met Hasley running and Bishop pursuing him. I went then to where the > parties were lying. I found two of the dead. I saw Jack Beatty's coat > burning. I went on to the body and put the fire out. I thought strange about > Jack not firing. I pulled his coat back and turned him over on his back. He > was lying on his side and I turned him over. I ded not see any arms about > him. I ddid not examine AZ. His brains were lying out on the ground. Jack > Beatty was shot in the side and in the head. I was not a bit excited. I think > there were 12 or 15 shots fired. As I went down I passed the market about > the tiem the shooting ceased. I left the market about 10 feet to the right > and saw no firing from the market. I saw nothing except from Bishop, Haywood > and Milton. All the reports I heard came from about Milton's store. A? kill > Milton went over ? Bishop went to the lumber yeard. Milton and Bishop seemed > like they were looking for some one. Stevens jumped from a ? and Milton shot > at him. When I first went to the rock saloon in the morning, Milton was > there. The defendants lad not yet come. He was not ? minutes after the > defendants came to town before the shooting commenced. > Crossexamined: When I went down near the shooting I saw a man I looked for be > Goodman going from the shooting towards the ?. I can't say that Jack BEatty > was not armed. he may have had a pistol or knife in his pocket. I think > Griffin fell about the time Haywood shot. I did not see the commencement of > the difficulty. I don't know that Goodman did not shoot before I got there. > Goodman might have shot while I was there and me not have seen ?. During all > of the shooting I was perfectly calm and quite; did not excite me in the > least. Just as soon as the gun fired Stevens and I went to the door and > Stevens at once said 'somebody is shot' and he at once ran down to the scene > of the shootings. I walked very slowly. > Re examined: As we, Stevens and I, looket out Stevens remarked 'sombody is > shot' > > JAMES ALLEN > witness for defendant says: > About 11 or 12 o'clock on Christmas day Chas. Goodman came to my house and he > had in his hand a pistol. He was wounded to the left side of his back. I > found a bullet ball hanging in his shirt. I kept the bullet. Shortly > afterwards I noticed him working with a pistol. I took the pistol and found > two small pieces of lead between the lower end of the clinder and the bud of > the pistol. The pistol was very bloody. I am satisfied in my own mind that > Charles Goodman's pistol was struck by a ball, judging from the appearances > of the pistol. One ball came out on the left side some two or three inches > from where it entered. This was in range with the place where I found the > ball in the clothing, which I am satisfied in my own mind struck the pistol. > > W H HOLLINGSHEAD > being sworn for the state says: > I have had a conversation with Stevens in regard to George Milton. I heard > him say that he would like to catch Milton with about one thousand dollars. > That he would kill him and take it if there was noe one to see it and he > thought he never would be found out on him. There was no one present when he > told me this. > > CHARLES LEMASTER > being sworn as a witness for the state says that he saw Bob Stevens on > Milton's gallery about one minute after the first shot was fired. > > DR J W VERMILLION > being sworn for the state says: > I was at Milton's store when he shooting took place, at McDade, I was > standing on Milton's gallery, talking to Bishop, Az Beatty came down and > stepped on the gallery and told Bishop to "leave there, G-d D-n him' he would > make him do it, very quick.' Bishop said 'you s-s of a b-h what right have > you to tell me to leave? I saw Az put his hand under his coat, as if he was > taking hold of something. I then thought there was going to be shooting, and > I walked back into the store. I passed between Az and Bishop and Bishop > fired. When I got 10 or 15 feet into the store, Milton was coming forward and > asked what was up, I said they are shooting and I crossed in behind the > opposite counter. Jack BEatty came in to the store before Az came down and > called Milton back to the desk. I then heard Jack say, Geore, g-d d-n you , > don't go out there'. Tis was after the first shot was fired. Milton was > moving slowly towards the door with a pistol in his hand. This man who I > afterwards found out was Haywood, said to Milton, "stop (or stand back) or I > will kill you. I then expected shooting in the store and I went further back > into the store. While going back Jack got out of the store. When I turned > around there was a shot fired right close to the door. Then the man who was > in the door turned his head. Then Milton came out from behind the counter; he > then had a shot gun. The man at the door backed behind the door facing but > kept his hand and pistol out. I then went out clear behing the store, > thinking there was going to be shooting, and did not see any more. The man at > the door had his pistol pointed at mIlton at the time he told him not to go > out there and to stand back or he would kill him. > Cross examined: when beatty first spoke. though his language was very rough, > I thought it was in a jest until Bishop's reply. As Jack passed into the > storek, he shook hands with me and did not seem to be excited. He seemed to > be in his usual humor so far as I know Witness heard nothing that passed > between Jack and Milton while at the desk before the first shot. As soon as > Bishop replied to Eatty I then saw both were mad. When Bishop fired he threw > his arm out so as to fire and not hit me. > > J W HOLLMAN > being sworn for the state says: > At the day of shooting in McDade, I was in Milton's store. The first I saw > was when Az came on Milton's gallery to where Bishop was. Bishop was setting > down looking at the medical journal and talking to Dr. Vermillion. Az > approached Bishop and said "Tom Bishop, you leave heare or I'll make you do > it d-n quick. Bishop got up and said something I could not understand what. I > then heard a pistol shot. Before this about 10 or 15 minutes, Haywood came in > Goodman came in and asked for Winchester cartridges. Jack came in the store > not before Az came down and Jack walked in the store and was talking to > Milton at Milton's safe. This was about 10 feet from the front door. I heard > nothing that passed between Jack and Milton. When the first shot fired Milton > not Jack started to the front. Milton being behind the counter and Jack in > frount. Milton asked me as he came by what was the mattrer and I said I don't > know. Jack then said, "George, G-d d-n your, don't go out there. Milton > walked on towards the door saying "don't do it, it won't ? won't do". As > Milton approached the door, Haywood was standing in the door and drew a > pistol and said "Mr Milton stand back, if you come, I will kill you'. Then > Jack ran out this door by Haywood and went to where Az and Bishop were > standing. I then saw Goodman and Bert Hasley standing near the door with > pistol in hand. Milton then walked backwards to his desk and picked up his > shotgun. He then went to the door and cocked his gun on those three boys. > Haywood then ? told Milton "you to leave or he would kill him" Milton went on > towards the door and Heywood left the door and went toward Tom Bishop and Az. > Milton ehtn went out ot the door and the shooting then began general. I saw > Az push Bishop backwards off the gallery, out to the street, He pushed > Bishop about 12 feet from the gallery and then mashed Bishop down to the > ground. Stevens is a brother-in-law to the Beatty's. Felix McLemore married a > sister of Jack Beatty. > Crossexamined: Witness is clerk for Milton and the Beatty's were frequently > in the house and trades a good deal with Milton. It is conceded that there > was some of Haywood's money deposited at Milton's store. When Haywood was > buying the cartridges, I did not notice that he was excited. Up to this time > Jack, Az and Haywood were as far as I know, friendly with Milton. About three > or four weeks before this a deputy sheriff of 1 county was killed in McDade. > I don't know whether Heffington had any relaties in McDade. > Reexamined: The Beattys did trading at other houses in McDade. They traved > with Billingsley and Bassist. > > > End of article. Just for reference, the cuss words in the article are as > were written. I didn't shorten them. I've been told there is another > article where the J. S. Brown mentioned above as a witness was taken out and > hung. I'll see if I can get that article. > The charges were dropped against Jack Beatty. Lisa is going to type up the > other court documents about the charges being dropped and put them on the > website. > > > 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 > > > ==== TXBASTRO Mailing List ==== > To unsubscribe, send an email with only the word unsubscribe in the body of the email to TXBASTRO-L-request@rootsweb.com (or TXBASTRO-D-request@rootsweb.com for the digest list) > > ============================== > Genealogy calendars, guestbooks and more: > Visit RootsWeb's Resource Center at > http://resources.rootsweb.com/