The Greenville Banner. (Greenville, Tex.), Vol. 31, No. 26, Ed. 1, Wednesday, May 21, 1902 Page: 5 of 8
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TREklLLlNiW TOOBS.
COSTIS UtU nOX TIB8T PAGE.
was shading
anyone bet
I 'never spoke to
Malcolm
Harrison.
Idii
BOt disease the natter with
Toombs after I got btek to him;
"Toombs spoke firpt sad said I have
seen Charley Davidson and he had
not wired about theborse t3aid he
would wire next day? Toombs and I
did sot mention the 'first difficulty
at all; I don't think the people
were getting on and off the
train while the deceased and;! were
talking aboat the horse trade. No
crowd was around but when the
scuffle began the crowd bfegan to
rush np from down towards the
depot. Daring all the time Toombs
and I were talking about the horse
trade my recollection u no person
was nearer us than the northwest
corner of the baggage room some
fifteen feet; at least I did not Bee
anybody; there aught have been
some boyb sitting on the inside of
the carriages; this was the condi-
tion with reference "to people -when
the defendant pptvached us; de
ceased and myself were standing on
the east side of the trick walk next
to Toombs carriage about twelve
feet east of the Katy flyer defendant
seemed to be very mad and excited
when he approached ns we were
standing facing to the west and fac
ing the train Toombs was Btanding
about two ieet couth of me; were
still talking about the horse when
Feddy came up. I heard no words
pass between the deceased and de
fendant other than those that I
have testified to on direct examine
tion; I heard Peddy use. no other
profane language and he applied no
other Tile epithets to us that I heard.
I know of nothing to have prevented
me from 'hearing all that was said;
if there was anything else said I
don't remember it and I think I
wonld remember all that was said
they were ibout two fe6t in front of
me when they clinched but 'not
right between me and the train. I
' never noticed anybody around when
they first clinched; when Feddy
struck Toombs he knocked him
back and the deceased ran tip to de-1
JeuiIliH and they struct "a" few licks
then they clinched together and
had hold of each other; I coald not
tell altogether where their hands
were as they were Bcuffling eo.
When they first went together I
saw their hands swinging around
and striking each other; I never
noticed their hands until the shot
was fired; defendent was on the
bouth side of the deceased moBt of
the time during the scuffle; 1 was
watching both of them. I made no
effort to separate them; suppose
they scuffled three minutes; they
clinched before much of the crowd
got there: during this time I did
not get two feet away from where I
was standing and the crowd did not
get between me and them while
they were fighting; no effort was
made by anyone to separate them;
suppose the crowd watched the
fight two or three minutes; my best
judgment is they scuffled about two
minutes; lam certain no one passed
between me and them; people could
have parsed between them and the
rin?T did not see any; Toombs
could have had a knife but I didn't
- -
aee it; cannot say what either one L
1 j :- tkoT.tiamlfl ffj.T ihnv clinch!
UIU M IUBH - j
ed; I saw nothing in their hands;
t irB nnt exnectin? any knife or
pistol play and was not watching
thehands of either party immediate-
ly before or after Peddy hit Toombs
but did watch their hands while they
-were striking at each othe"; they
were striking at each other pretty
fast in a right smart huny; they
pushed off toward the car and Feddy
was south of Toombs when he killed
him but Peddy was nearer the car
than Toombs; they were turning
around part of the time in the scuf-
fle and I don't know which one was
doing the pushing; Toombs was
north of Peddy when the fehot was
fired and Peddy had his left hand
on Toombs and they had hold of
each other when the shot was fired;
I could not tell exactly where
TWmV.1. haH liold of Peddv: Toombs
seemed to have hold of Peddy I
t. thfi breast with both hands; !
I did not Be9 his hands but 'saw nis
arms-1 arrived at this conclusion
that.the
arms were.in; can't say I saw both
arms of ToombtSbut
saw
one" of
them anyway; suppose
that arm
had been in that position about a
minute or two "before the shooting
took place. Just before the shot
they whirled around and Teddy was
on the south side and that is when
I saw their arnuthat is the first
time I Boticedttfaem in that position;
shooting'"' occurred Instantly after
they turned around;'I could not tell
which hand it was; I could not tell
what the deceased was doing with
the other hand as I did not tea it;
they were about four or 'five feet
from me when the shooting occur-'
red; I eawjhim reach for his pistol
but did not see it until he brought
it around in front of him; I meint I
saw it on the side; they were stand-
in? erect so far as I know when the
phot was'fired; looked as if Toombs
was about four feet from the track
when the shot was fired; about one-
naif foot difference in their distance
from the train; Feddy wan the near-
est; deceased did not push defend-
ant up against the train and defend-
ant did not shoot the deceased while
he the defendant iras against the
train; I am not certain that the de-
ceased did not push the defendant
against the train; I know I did not
see it; they might have been bent
over a little when the shot was fired
but they looked to be standing erect;
defendant palled the pistol around
put it np to his breast and fired; it
looked like he had his arm up with
the muzz'e of the pistol pointing
down to deceased's breast; looked to
be about an inch below the" collar
bone; there was not anybody stand-
ing around that I paid any attention
to except the hack drivers; Hardy
Riley came up just after he
was shot and helped me to carry
the body into the baggage room;
he reeled aad fell on his side with
his head to 'the north; nobody
caught the deceased when'1 he fell
and nobody was about but Peddy;
nobody came up but Riley. I am
certain deceased did not fall in
Riley's arms. Peddy stood about
a minute did not attempt to shoot
any more. I did not see the pistol
any more alter the snot was nred
don'fknow-'what hedid with" it
Peddy went towards Yelvin &
Cameron s carnage; nobody was
with him at the time I watched him
about ten feet; saw nothing more of
him. The train was Btanding when
the shot was fired and stood there
for several minutes afterward. After
we got the deceased into the bag-
gage room the baggage man Lon
Hawkins and several others that I
knew came in. There was a good
many on the tram that could have
seen the difficulty. I don't know
whether they did or not I have
known Mr. Riley who helped to
carry the body to the baggage room
a year or two and we are on friendly
terms. The people who were stand-
ing at the northwest corner of the
baggage Joom room could have seen
the difficulty .as well as I could
as there was nothing to obstruct
their view. There was not much
difference in the height of defendant
and deceased; there is a good deal
of difference in their weight; think
Feddy will weigh about 145 or 150
pounds;1 believe Peddy would weigh
about twenty or twenty-five pounds
more than xoomoe. l never nave
to pproxime Ped
... . . .
dy's weight before; never thought of
it before.
3 The court adjouned to meet at 8
o'clock Tuesday morning but it was
8:35 when it it finally got down to
business. Watson was the first wit-
ness called.
Jim Watson: Have lived in
Greenville about 17 years; have
known Jim Peddy and Malcolm
Harrison for a number of years; was
at Katy depot batnrday evening
May 17 at the time Mr. Toombs was
killed. I saw fight between Peddy
Hsrrison and Policeman laulkner;
I knew John Toombs at that time;
had known him about four years; saw
difficulty between Peddy and
Toombs; was about sir feet from
Toombs and Toombs was standing
opposite his horses heels; was south-
west of Toombs. I noticed Peddy
walk up to Toombs and say "May
be you want some of it" Toombs
said "I don't want to have a i
to say about it" the next think
word
that1
from the -relative positions tt
w.as.said Harrison .was standing at (
Peddyt'a back withhis hand on his (
shoulder and said twice" "open up" I
a't'knowVht' he'meant by it"'
Peddv told Toombs he would make
a run oat of him; Toombs said ho
never did run; Peddy hit Toombs
in face with bis fist Toombs ducked
a little grabbed "Peddy by both
shoulders; I saw .Peddy do noth-
ing at this time; John pushed
Peddyand .kinder swung around;
seemed like a few seconds after-
wards pistol fired; never saw pistol;
saw Toombs fall; never heard Peddy
say ny thing as Toombs fell; when
pistol fired saw Peddy push away
from Tombs; saw Toombs turn white
in face and fall; did not see Peddy
any more until he came back in cab
with Mr. Velvin; when Peddy pulled
loose from Toombs his Bide was to-
ward me; I turned and walked away;
when Toombs grabbed Peddy by the
shoulders I think he maintained
that position until the shooting;
from the time they clinched they
were facing each other until the
shooting; got within about three or
four feet from the train during
theirs Bcuffle; as they swung around
Toombs was next to train; they were
five or six feet west of Toomb's cab
at time of shooting; could not see
Toomb's hands throughout the scuf
fle; saw Toombs when he grabbed
Peddy at first and did not Bee him
change that position; they scuffled
away from me eight or ten feet;
several got in front of me and ob-
structed my view; I was Btanding to
the left of Toombs at time of diffi
eulty began; he had his left hand on
tongue of baggage trucks of depot
platform; his right band was
handing down by his side; did not
see his hand plainly; saw neither
knife or gun or anything else in
Toomb's hand from the beginning
to the ending of difficulty; did not
at any time see Toombs cut or try
to cut Peddy; saw no cut placeB in
coat at the time or immediately after
the difficulty; did not see Peddy's
back I was there all the time the
boys were fighting Faulkner and
witnessed the fighting; never noticed
John Toombs during that fight have
anything to do with it; seemed like
Faulkner Peddy and HamspnjEfiie.
in a free fight; don't remember any
language they used daring fight
heard them mumbling; conld not
understand what they were saying;
during the fight with Faulkner I
saw no pistol on Feddy.
Cross Examination: I worked
for Toombs about a year have
driven back for him in about last
twelve months. I am working as
brakeman for the railroad; had been
at depot twenty or thirty minutes
before difficulty arose. I suppose
one-hundred people were around
when the difficulty arose. I saw
Faulkner and Feddy together south
of coal shutes. They walked on to
baggage room .and I saw them go
to fighting. I never noticed Har
rison until after Peddy and Faulk
ner went to fighting; possible two
minutes after T saw them begin;
did not notice Toombs or Thomp
son until I saw Thompson catch
Harrison and try to hold him off
Faulkner. I was twenty feet from
Faulkner and Teddy when the
fight began. I followed them up
but did not get very close to them;
the people pushed around and
created considerable excitement
during the first row. I did not
hear Peddy or Malcolm Harrison
curse Faulkner as I was too far
away and people were rusning
around so. There was no confusion
when they first began. I heard
no talking; among the crowd 1 no
ticed Dud Estes Peddy Harrison
and Faulkner; I think Estes caught
some passengers and drove off; did
not see him drive off but saw him
drive back just after the difficulty.
After the difficulty with Faulkner 1
never noticed George Thompson any
more until he went after a doctor
for Toombs; he might have been by
me but Icertainly never saw him
until after the shooting; there wbb
nothing to prevent me from hearing
what was Baid; did not see George
Thompson standing near Toombe;
was watching Peddy and Toombs;
when J saw Peddy approach Toombe
I was standing about six feet from
Toombe; if Thompson was standing
two leei norm iu ueceaaeu x uiu uui
see him; was excited some; there was
right smart excitement around;
Toombs might have been standing
on edge of platform when Peddy
and said to .Toombs. "Maybe you
want some it;" Toombs clinched
Teddy first; saw only one lick struck!
and that was when Peddy struck
Toombs; there was nothing to pre-
vent my seeing other licks that
might have been struck before they
clinched; when Peddy struck the
lick Toombs ducked his head and
grabbed Peddy by the shoulders
and his head might have hit Ped-
dy's breast; Toombs pushed Peddy
towards train and they turned
around with Toombs toward train
and Peddy on outside; never saw
Peddy do anything after
Toombs grabbed him; never
saw Peddy's hands; they were about
half way between outside of plat
form and train when the crowd
pushed in front of me obstructing
my view; I did not notice Peddy's
hands during the scuffle and don't
know whether he had anything in
them or not I never saw Toombs'
hand fter he grabbed Peddy.
Toombs right hand was by his side
when Peddy stuck him. When
Peddy shot Toombs it seemed like
they were clinched and pushed
Toombs away from him three or
four feet I was eight or ten feet
from them. It looked like the
crowd had rushed up to the front to
see what the fass was about; saw
Pedd'y left Bide last; some four or
five people were between me and
him; did not look to see if his coat
was cut; after shot I turned and
walked around the depot and up
the east side and met Dud Estes
driving np he asked what was the
matter and I told him Peddy had
killed Toombs; saw Hardy Riley at
the time I saw him he was trying to
hold Peddy to keep him from fol-
lowing John Faulkner; never noticed
him after that; did not ee Dr.
Garnett; know him well; saw Mal-
colm Harrison coming down by the
train after the difficulty with Faulk-
ner. Peddy was even with Toombs
and Harrison called to Peddy to
wait and give him his cap; Peddy
faced Toombs; did not see Harrison
after he said to Peddy twice "open
until he was in the crowd when
elvH had Peddy under arrest; did
ot see him during the scuffle; saw
no one interfere with Peddy and
Toombs; think Toombs weighs 130
Peddy 155; not much difference in
theirheigbt; vi3uld be surpriBClf
Peddy were to 'veigh only 130
think he weighs more than that
- Will Connor for state testified:
I'was at Katy depot Saturday
evening May 17 at time John
Toombs was killed; had known
deceased about two and a-half
years; was acquainted with Mal-
colm Harrison and John Faulk-
ner; not acquainted with Jim
Peddy; only know hfm at sight;
was not present when Peddy
Harrison and Faulkner began
fighting but aw part of the fight.
Isaw John Toombs there; he was
standing at north end of shed and
on east side of platform near a
post; the fight was going on be-
tween Harrison Peddy and Faulk-
ner I tried to catch Harrison to
keep htm from hitting Faulkner;
the next time I saw Toombs he
and Peddy had hold of each other;
did not see beginning of the diffi-
culty between Toombs and Teddy.
The first I heard of this fight
some one said "G d him open
it up with him." I presume I was
about twenty steps or sixty feet
from them; they were north of
me; I saw Peddy and Toombs
have hold of each other and
swayed out towards the train; I
was moving up towards the par-
ties gradually I suppose I was
about fifteen or twenty feet from
them when the pistol fired; when
I first saw them they were clinch-
ed like they were fighting; did not
see any weapons in hands of
party. At the time pistol fired I
was south of parties with Toombs
nearest and his side exposed to me.
I saw Teddy draw pistol from di
rection of hip pocket; he held pis-
tol up near deceased and shot at
once; he did not strike witn tne
pistol; from drawing of pistol to
the shot there was nothing to ob
struct the view or prevent my see-
ing parties; at time of shooting
Tombs had left
hand partly
around Feddy and Peddy had his
right hand partly around Tombs;
I thought he shot him with his
left hand; I know he shot him;
they seemed to be hold of each of
other pushing around; never
noticed a lick passed; did not see
Toombs with any weapon in his
hand; did not see him cut or at-
tempt to cut Peddy. After the
3hot was fired Toombs fell loose
with one hand a little raised; he
reeled and fell; after Toomb's
hands fell loose Peddy stepped
back a step or two; did not hear
him say anything; his face was to
me when he stepped back; I
turned my attention to Toombs
and did not see Peddy any more
until I noticed him in a cab as he
drove away; saw at no time any
cut places in clothing of Peddy:
don't know who it was that said
"open it up with him;" I saw Mal-
colm Harrison 'standing within
two or three feet of Peddy at the
time.
Cross Examination: There
might have been twenty-five or
thirty people there when the dif-
ficulty aroso. The crowd was
pretty well scattered when I first
noticed the fight between Peddy
and Toombs; some were between
me and them; was facing north
when some sone said "G d it
open it up with them" I looked
instantly in the direction of the
remark and they were clinched;
don't know what passed before
they clinched; there seemed to be
considerable excitement people
were standing around close to
them; could see them from their
hips up with Toombs nearest to
me; could not say how far I was
when I first saw them to know
who they were; when I recog-
nized the men I don't suppose I
was over twenty-five feet from
them; they were not exactly on
the east side of the platform but
about twelve feet from the train;
I had talked twenty-five or thirty
feet from the time X heard the
first remark until T recognized
them. I saw George Thompson
near the edge of the walk; when I
first saw them together Icouldjiot
see their hands any more than
any other part of their body;
seemed to me they were pushing
each other or pushing around; did
notice particularly during ecufning
either their hands or arms; they
had hold of each other and were
swaying back towards the coach;
as well as I can remember they
were near the car and about the
same distance from it probably a
foot; they were between me and
the car and could not tell how
near they were; when shooting
occurred could not see Toombs'
right hand; I had not observed
Toombs' left hand during the
scuffle; don't think I was nearer
than fifteen feet before the shoot-
ing; did not observe Peddy with
reference to his coat being cut; it
could have been cut and I not
have observed it;Peddy backed
off as soon as deceased turned
loose of him; someone reached
deceased before I did and had his
head on his knees; don't know
who it was.
Al S. Harrison was called and
testified as follows. I have
known Jim Peddy since he was a
small boy; am acquainted with
Geo. Thompson and John Faulk-
ner and knew John Toombs; could
not say that I heard defendant
talking about John Toombs prior
to killing. I was with defendant
on night of closing exercise of
school and after I had got every
thing quiet at opera house I
walked up to Chick Wells saloon.
I pushed the door open; am not
certain whether it was Jimmie or
Malcolm said "Uncle Al come in
have a bott'e of beer" I walked
in and called for a glass of
beer: they were talking about
something; Jimmie was drinking.
I told him to shut his mouth;
he said "Some of these days I
am going to strip offto my waist
go up there and whip the whole
d n outfit" and mentioned
Faulkner's name; can't say posi-
tively whether he mentioned
name rof anybody else or not. Ho
nAi1 ftm rolii-tltf itv rti-iffif- tinrl it-rt i
forhim. I remarked that ! be. !
longed to the city outfit and he
was covering too much territory
and he remarked "Uncle Al you
know I did not mean you that I
would not hurt your feeling" I
think that was about all he said.
He did say that he would get one
of his spells on him and whip tho
outfit. I did not say to Mr. Mead
yesterday that he mentioned
Toombs and Thompson's names.
I told you plainly Faulkner. I
told you from Jimmie's talk that
he must have meant Toombs and
Thompson; never heard of any-
bad feelings between defendant
and Toombs and Thompson?
since then I have.
Cross Exemination: He said
he would get one of his spells on
him and whip the whole d n
outfit. I don't know who he-
meant. Toombs and Thompson
are not connected with the citvjr
have no recollection of his refer-
ring to their names would not
hardly think a man would go up
there stripped off to cut and;
shoot. 1 know Epb Wells was-
there but could not say that Chic
Wells was; Malcolm was talking
but don't know what he said.
Up to the hour of going to press
yesterday the following persons
have testified: George Thompson
Jim Watson Will Connor Al Har-
rison. Wilbur McElreath waaoa
the stand at press hour.
The examining trial will prob-
ably be concluded this afternoon or'
tonight.
urn
Monday evening after the ad-
journment of the Peddy examining
trial a complaint was filed against
Malcolm Harrison charging him
with being an accessory to the kill-
ing of John Toombs. Constable-
Henry Rowsey served the warrant
and lodged him in jail. He will
probably have his examining trial at
the conclusion of Jim Peddy's.
A negro boy told Policeman In-
gram Tuesday afternoon that another
negro boy and- hims6lt were at-
tacked by some white boys in the?
northwestern part of i the city.
His companion was badly nsedux
but he escaped. The officer 8ay
tho boy alleged to have been badly
beaten looks like he fell of a tram.
He is in bad shape.
'
John Collier who was arrested?
here Monday by Depnty Sheriff;
McSpadden and Policeman Ingram
on a charge of horse theft in the
Territory will have to answer here-
to more serious charges growing out
of the' abduction of Mandy Wall
the thirteen year old gjrl. he had.
with hid.
The case of A. G. and G. W.'
Abercrombie charged with tolling
Charley Carter in Rains county lost
Christmas set for trial at Emory
Tuesday was continued.
The infant of Mr. J. H. Horten
who lives with Mr. Greenwood in
West Greenville died Tuesday.
55.65 to Qalveston and Return
Leave Greenville 9:30 a. m. May
23rd arrive Galveston 8:30 p. m.
same day. .Leave Greenville c:40
p. m. May 23rd arrive Galveston
7:50 a. m. May 24th. Returning
leave Galveston 8 p. m May 25th
arrive Greenville 10:35 a. m. May
26th. The H. & ?i C. will have r
special train carrying our coaohes
throagh from Ennis to Galveston
without change. Regan
The Ticket Agent
No man can cure consumption.
Ton can't prevent it though Dr.
Wood's Norway Pine -Syrup 'cures
coughs colds bronchitis asthma.
Never fails. ? '
Like a Drowning flan.
"Five years ago a disease the
doctors called dyspepsia took such
a hold of me that I could scarcely
go writes ueo. o. Jlarsh well
known attorney of Nocona Tex.
"I took quantities of pepsin and
other medicines but "nothing
helped me. As a drowning man
grabs at a straw I grabbed at
Ivodol. I felt' an improvement at
once and after a few bottles am
sound and well." Kodol is the
only preparation which exactly
reproduces the natural digestive
juices and consequently is the
only one which digests any good
od and cures any form of atom-
acn irouoie. uurneu nrus.
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The Greenville Banner. (Greenville, Tex.), Vol. 31, No. 26, Ed. 1, Wednesday, May 21, 1902, newspaper, May 21, 1902; Greenville, Texas. (https://texashistory.unt.edu/ark:/67531/metapth121647/m1/5/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .