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