The Daily Mercury (Houston, Tex.), Vol. 6, No. 136, Ed. 1 Sunday, February 15, 1874 Page: 1 of 4
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HOUSTON, TEXAS, SUNDAY MORNING, FEBRUARY 15, 1874.
PRICE, TEN CENTS.
HEY
WU-<^
rtBOWUBTOlt. •
M;
bfi
J. H. BAEXSB, J. H. WILSON
*"«k 1 wii
Jgjfc 9C'
a* |Pba—JfrMiWi,
* ~ii iwnm C^IIwal
* fiMTRT.
n
f-5.* t
County.
w ■ v ju jajn?
no .jGalyeston
-ft*) «8f fo-fiAT "Co c J-.'-'; i--
JUDGE SAM DODOX, PRESIDING.
oo o:
6<i (li?
• • * r" J'-a-jiT I'-J'rtH
1 Friday, Feb. 13,1874.
®rdP. "ft. Spencer, Bon. Geo. Flour
^ioy and Maf, M. C. M&emore.
_ Judge C. }li. ?1Oleve-
^^arid, Mathews, Finlay andCol.
3fanl«y.
lo
CO Wk ', njj&ifiiu.""1'
Court met«
w
Hi!..:-:
'.'«o:fcn ifq
® %ai
shosfen at 4
was then
^Tiire of sixty fifo
AKTOttTKmpF ;*||CttH3BaCNY,
«C irtb>
afr Saidrhehasljeeadtlia published
P report testimony' ill- recent
Retrial*and fohnedAn opinion as to
^ihe guilt or. innopenee of the ac-
racus<3,bnt thai wftp iwt such
csr3Ui opinion as wonkL cause him
53 "to perjurehimself be^e m oourt
.v-=as a juror* althoughit would
a> jAkeotheranddiffeceafc testimo-
sMys
O ^sWere.of .the juror we think he
•^iiaa disqualified himself aaa ju-
U^OU«i;ll?)0£ aiii ~J O'fl •
©■;: By the-Uomfcr- i %
55 uMp^aiii^ Otfiriion,
formed from
in the; news':
>pe f has it made such a lodg-
eHt your mind as will ow
.a&iofi in.: this case ?
g^du—Fo, sir. "
p/" Q^-Doi .yoa; think that, with
2 3ha£ opinion In yourmind, you
^aeousedf A.—Yes,
•f'yiv 1-J
Vithoatalie Wing It m any
is The Coart.—The Conrfc thitths
S that he is a competent juror,
-g^gentlemeni'i^A;] 'it; t%li :ii«t
53 w Judge. Oleveland.-^—Oar per-
£ em Jtofy chj^lenged M ^haust^
£ Mknd upder- the rgpng ef tJie
"g ^€ourt, wemnst accept the jaror.
q '3^e will take down the answers
— 5f thejufdR0"1;* ■*
0 b B* .' Mcllhenny was
« Hf. * and ihe i Jmijr
g JaWOTB, ci Ji ,hatai
I>&*triet A
QC oner at yae, par p.
u ^guilty."
© 3. MBS. ASntt& iUTLgfiv -
1 ^Ull^
X$ 3iy name is AnmeLBSuer.
® *= Qi^Wero JSP any relation of
3&reen Batlerl A.—I was his
deod ar
*2 *i>]iveT A.—Heis"dmL DCr^-..
1
S Jnei jary:;wbat you know jn re-
vgard to his^ death +; Jost recite
in them the tirfcnmsfaflees ^t:
^ iendhig it. was on 4e
§ J9th day of May, l872. My hna-
oi&and had taken supper and got
H Hp feom ^e table md gone oat
XS "?tn the gallery. ; Soon after he
fl Went^t^it two men rode up to the
52 3 te 8^ 'hailed, •/ didn't 866
g Ihem myself^I was in the house
2 .with the baty in, my acms. They,
§ disked if tSiey 66md get supper.
53 Jfy husband ^id "Yes, alight
A ind-einlj soon' I
® Heard a shot, , and giving the
® 'baby to ftie colored woman, the
cook, Melinda Robinson, I ran
g Jftut. My husbaad was at -tiid
.^•jate awtihad fellea. I ran to
s bim and said. uAre you dead f
r. He saM^^YwH Annie, I an dead.
| ^ndy Walter ^U«4 me. Little.
£ Isham was with bim. I. don't
5^ Jnow the other one." Mr, ^oe
© White; wa«^ the hoqse and he;
r -san out. My husband asked me
turn him dv
^ wouldn't. Mr;
|J JrSk'e'r naa Killed mm, an
J3 Xittle Isham wis with them. ,
^ vi Q.—Who was. irthe house be-
aides yourself and your hns
negro woman
and Ebbie Lewis.
£ band I. , ,A^A
S "fnd Mr. Wkte 3
J^r. White and JSbbie Lewis
g arere on the gallery.' ' The negro
i^oman w^s in the room. It was
moon light night. lB>e candle
in tbe rootn. It was
:-d&fk at the time. Had
candle;. £ tew two
_ was on a horse and the-
jother was winding bp a'rope.
S JPhey were out from the gate in
S the prairie.
3 - Q-—How did your .husband ap-
pear? As same w._eyar!., JUr-.
§ fle looked as he ever did,' and
t* Spoke asfheavef y . ..
*1
a He looMedi&e:iaHtbe fafee and
O said: "Yes, Annie, I am dead.
o> Andy Walkerkilled me. 14<|la.
^ 'jbham was with them. 1 don't
' know the other one.9 He was
what he said to lfie. So did
Bbbie Lewis. Tbere were seve-
ral neighbors &hd persons came
in, but didn't get there till he
was dead. The negro woman
was there, but don't know wheth
•er she heard it or not. I gave
Tier tbe baby to bold in the din-
:ing room. Mr. Butler lived
alx>ut ten minutes after he was
: Q.—^You say that you saw two
men and two horses out in the
prairie in front of the house t
A—Ye8,ar<
•_ . Q.—Where do you livet A.—I
live in this eounty, on Clear
Greek. - t uj,
Q-—The killing.: occurred in
this oouniyi A.--ye8, sir, in Gal-
veston county.
i i Cross Examination, by Col
Manly: • :. L-- "
. f Q.^You say tfiis nccttttfed1
about duik or darkt A.—Yes,
sir.
Q.—Had you lit the candlesl
A.—Yes, rfr..--r i :' >•
Q.—And yon heard some one
at the gatef A.—Yes, sir. ,
! Q.—Did yonr. husband go out
pi oncef A^Ye^sir.' -
| <ji.—How long afterJ^ w^nt
out was it before you heard the
shot! ■ A^-Just -i about timei
lio tr-b J''
Q.—How far is the gate from
the house# i A^N«t agreatdis.
tance. Perhaps a little farther
than firom heife'to the door (indi-
cating the court room door, about
forty feet distant.)
Q.—As soon as you heard the
.shot you. ran outf 1 "4 *r~L"-
'J ,f * */ I-< Ci.: J
t ; Q.—And you found your hus-
band lying by the gate in the po-
sition you stated f, A.—Yres, sir.
.. ;Q.—You asked him if he was
dead! A.-
>.[ Q.—His answer was-r-what
was it exactly t A—"Yes, An-
nie, I am dead. Andy Walker
kped awfc Little isham was
there and I don't know the other
one.* -"1 v- -•
. ;Q.—Did he.say "Little Ishwp
was with thein," or "Iiittle Isham
was there!? A.—He said "Little
Isbamwas there.*
Q.—How long.did Jie (Butler)
lite after he was shotf A.—
t ten minutes. ' He Asked
to turn him over. I couldn't
df'lt,"and he then asked Mr.
White to turn him over. He;
made no oOier expression.
Didn't speak afterwards.
Q*—Where did he diet A.—
In the yard, - s-ii- s-n-w" \<: :■ :<: \ i
n jQ^How wasth^Mrs. BatSer*
I simply Want to have your ques-
tion accurate ? A.—He died out
Ini the yard, sir. —:
saw two men at
the'gate ! A.—I saw them Out
in the prairie. There were two
naen and two horses. One of the
men wias winding-up a rope. He
koA his horse, and they both
de off As fost as they could. : <
Q.—What Was the digtance f
Ai—Not a great distance, but
just close enough to seetwo men
and two horses. My husband
named na. other persona tfcan
Andrew / Walker. and .. Little
Isham. It was just at dusk, and
I had Bt the candles. -. ? n '
Q.—Did you see. Little Isham
that nigbtt:r AurrYea, Sir. ir r^n:.
IQ-Did he tall, you anything;
about having come up with these
men! A—Yes, sir. He said he
had come np to th£ house to see
Mr. Butler about . supper—he
came up from the camp... He
said be came up to them ^ the
gate, and that' some chubky man
caught his hoAe' and Jerked him
baick, while the tail: man shot
Mi*. Butler. 7- He said he thought,
at first, that ife was Mr. Pet But-
let, who was expected down to
gd out on a cattle drive, down
the hayou. Que was a chunky
man behind the gate and another
in front. Said they had on ml
cloth coats and their hats pulled
doW& ■ J« ec-)-:-ui:- ;a chu- : ■ /> ■ Jr
Q^-Did you ev®r hear irf your
husband having any difficulty
with any one about there 1 Did
jiei ever tell you of any f A—My
husband never told me of
tie at fte time and was an ac-
. ^iiaintance of Mr, Bntler. He
3 lived in « near .Houston. He
g -had been there at the house two
oo or three days. &
® Q*—Did he recognize any oth-
^ er person T A.—Yes, he ^poke
" to Mr. White. Mr. White heard
his
'halving ever had a difficulty with
any one. I knew Andy Walker.
Didn't know Jeff. Black at all.
Don't know that my husband
ever had any difficulty with
Walker or Black.
Re-direet examination by Mc-
Lemore.—Q. Did you ever hear
of your husband having any dif-
ficulty at all 1 A. I never did;
neither with Walker or Black.
Q.—Yoo say Little Isham said
what you have told us. How,
how long was it after ypnr hus-
band had been killed f . A.—It
wasn't long. He went up to the
camp about a mile and came
right back with some more of the
stock hands. Isham is a little
colored^boy engaged in driving
eattle. I don't toiow if he was a
companion of Walker and Black
in driving. He waa then in the
employ of Benqon. = -, iU ;
Q.—Had yon told him anything
that your huiband had said!
A—Nojlhadnttold him anything
at all that my husband had said
when dying. , He came and told
me whait he had seen* . He said
they rode up as he didj and that
immediately they came up to1 the
gate. *' Said the tall man shot my
husband, and that the small one
'iBxfced Ms horse back. He said
that, at first, he thought it was
Mr. Pet Butler, because we were
expecting him to go and drive
cattle. He thought he saw the
tall man do the shooting.
JOSEPH M. WHITS.
Q.—What is you name f A—
J. M. White, or Joseph M.
White.
v Q.—Where were you on the
I9ih of May, 18721 A*—I waa
at Green Butler's house, nea*
Clear Creek. I was there at
snpper.s- We took supper be-
tween sunsetl and dUsk. The
candles were lit and the moon
was Shining;
I Q.—What occurred after sup
per f A.-*-Mr. Butler was killed
that night while I was there. He
was killed on the 19th day of
rM^f, 1872, about dark. The
moon was shining bright. Af-
ter supper he came out on the
gallery. Two men came riding;
up to the gate and asked for sup-
per. Mr.Butlerwalkedoatto
and told the men to
ght and come in.! He ' was
fired upon and shot, at the
The men called for sup
per. Called off from their horses.
Iisuppoee they jgot down.
Q.—They were on horse-back ?
A.—I saw them on horse-back.
There was nothing to prevent my
seeing them. I don't recognize
them. I dldu't kn^w them and
didn't care for them. I hadn't a
c|ear view. There were trees be-
tween me and the gate—they
w ete just high enough to keep
from Beeing anything at the
te. They were small china
The men first : ae^ed for?
iper. Mr. Butto was shot at
jgatel ' I was sitting on; the
leaning,
the gate, j,
hi the act of sitting down. . I
heard a call and looloM around,
but paid no attention to them.
When I heard the shot I threw
mjy head down and looked out
dertiw tioos toward the gate.
I saw he was: shot and
iought about his gun and went
id the house for • it I could not
find it and ran out , to him. I*
asked him if he was dead ? He
id f^Xesi that he Was. dyings
ndrew Walker had killed him.
ttle Isham was there and that
the other man he didn't know.",
I baw tbe two men when they had
come np Within1 ten feet." Mr.
Butler i said Andrew Walker
uled him. i; ' ^ n : •
jQ. (By ci jttrofr^Did the House
front toward" the gate? A.—
Yes, sir. . j."'r ,t , .
Q.—WaS there'^ wialk frpm
the house to1 tjbe gate? A.—
Tes sir^Uww.^ . ,,,; .
!Q.—Was there plain vision
frbm you? A.—-I said I was
j leaning^gainst the post
ofi the gallery, and couldn't see
to the gate. I was sitting with
m^ left side to them.:
: Q. (By MeLemmre)^What did
yda say to ButiLer Vhen,: you got
toj him f A.—1. asked him if Jie
was dead. He said, "Yes. An-
drew Walker killed me. Little
Isham'was there. The other
man I dou't know."
Q.—Wbo else heard this Or
was there with you I A.—His
*o was there. She got there
it and was kneeling Over him.
He said to turn him over and: I
did so. I then went to the gate
and saw the men riding off;
they were about 60- yards dis-
tant 1 TOfcl^&tfojJiRBpt-
ler, who asked to be turned over
a^ain upoi hi$ barieast
ris came up about that time^and
we took him into thq house. Her
lived a few inindfes after we
took himut.:- . • n\ r *.j ) y; - ■. j
Q.—Did he reoogniee you? A.
—He did- and Called me by my
najme, Joe White. Little Bbbie
Lewis was at the house. 0
Q.—^What sort of man was
at you saw from the gate? . Av
I couldnte seeii!iii: wfeD, only
at he wjis on a light horse and
riding off oa the prairie.
Q.—-Who elsie'was there at the
hoinse? A.-^Ehere> was a negro
woman in the kit<&en. I was at
work there and camped near the
louse every night, and I would
goj down and stay at Butler's. J
had been these three days, tire
17th, 18th aod 19th days of May.
Q.—When you went out to"
Butler did be seem to be sane
add in his good senses? A.—-Mr.
Butler did not act like a man out
ofi his Senses. He .knew us all
ell; knew his wife add talked
as if sane. , ' Z'"
Q,—Did he tell you more than
that Andrew Walker had
Mm? A.-*—I heard him
it twice. He told me , and
told his wife* He said Lit-
Isham Was. witii tiiem,. :
Cross examination, by Colonel
Manly: !
Q.—Had you been living there
soine time?; A.—No^ sir. I had
iVed there some: two or three
years, but was living then above
Houston. Was in the habit of
d4vin|p stock down there. Knew
the drives about there, general-
y. I knew Andrew Walker,
but don't recollect ever knowing
Black. TJp to this time I have
been in the business about -tibt
years.
Q^—When did you get to the
tiouse that night? A.—I got
there a little before sun down.
Mr. Butler wasn't at home, SO, I
got on my . horse and Went out
into the prairie where I met him.
The sun was then about half-:
hour high. We went to the
house, and had supper little af-
ter sun-down. It was between
feuh-set and dark. He and I
were in the borse lot at supper
time. We came out and washed
our faces and went in to supper.
We Wasn't at supper long.
Q. Do yon smoke, Mr. White.
A. Sometimes I do and some-
times I don't. I don't think I
hail my pipe that night. I saw
twb men ride up to the gate. The
first I saw of them they were
thirty yards off, I reckon. I
would not have seen them if
they hadn't hailed, They were
ten or twelve feet from the gate.
I saw them distinctly. But I
didn't see Isham.
f. Q. Tell us what the men said,
as near as you remember. A.
tie
They rode up and one of them
said " Hello!" and asked if they
could get supper. Mr. Butler
said "yeS)" and started out to
- meet them at the gate. It was
not over a minute and a half be-
fore he was shot.
Q. Did you hear anything
else said ? A. I did not. If any-
thing else had been said I reckon
I should have heard it. I did
not see the sort of man it was
who shot him. I didn't see how
the shot was delivered, bnt sup-
pose he was standing with his
side to the gate. He fell quar-
tering' from the gate, with his
head from it. He fell backwards.
When I heard the shot I jumped
out of the chair on to the
ground, and then I thought
of ' his gun, and went into the
house for it. I was in there about
a half of a minute. I felt around
in there for the gun, then in the
other room. NoC in either rpom.
Went from the house to the gate
and t found Mrs. Butler there.
Heard her ask Mr. Butler if he
was dead. ' I think that,was the
first .remark she, made use of.
I^err.replied, aYes^ Annie, I: am
dying.* ' She had hold of his
hand.' I thjnkke said "Yes* An-
nielj iaip dying. Andrew Walker
< k|ll^ ine> Little Isham was with
tfiem. The Other man I didn't
know."Tturned him otver and went
' to tfi'e gate to see who it was had
done the shooting. A man was
riding off about fifty or sixty
yards. Told Mr. Morris to come
^over—he wa^ the only man else
I saw.- It was a gray dun or
^iirht-colored horse that the man
?wa riding, i I am certain he was
riding off, and I didn't see the
otiher man at all. Dont know of
any difficulty Mr. BuHer had
with any-^tie -about there, for
SQme tiem at least TheJast one
he had as nigh as 1 can recol-
lect,. wa^ sV with Sam. Allen's
crowd, as it was called. Among
them were Allen himself and his
sons; , Mr; Butler had had some
short, words with them. I had
heard, of it but .didn't see it
IQeard the^e some hard feel-
ing between tiwm. ,vI dQn't;think
1 jhe^rd' thisV |rQtn'Mr. Butler;
don't know who I heard it from.
I , didn't Say on a former trial
that. Mr. Butler said anything
about it, or about their drawing
pistols\on one another in a row.
I said I knew nothing of it. I
was asked if LewMi and he had
drawn pistols on-'one- another, or
if'they had had any trouble be-
^ wem, . .
Q.—Don't you refer now to a
difficulty between Butler and
Hennessy ?' A.—ifo, sir. I heard
that Lewis and Hennessy. had a
difficulty, but kao#/, nothing
aljowt Butler in tl)at matter.
O.^When was it you beard of
this difficulty or trouble ? A.—
shortly after it. took place, but
bap not recollect the exact time.
Q.—Was it before the killing
of Biitler ? A.—It was. I heard
of it "from, some one. I dont re-
collect who told me. It might
^aVe been on the prairie or in
the house, that I was told it.
- jQ.—Did you ever hear it from
Bitler ? A.—I don't recollect
whether he ever told me of it or
natc^j i:>« ..
Q.—W hat color was that horse
you1 saw ?f A.—It was a light
coidred^or^e. A light color is a
whiteish color. I said it was a
^rby, dun or light.color:
•i Be^direct examination: ;
- Q.-—You are satisfied that you
heard Butler say that Andrew
Walker had killed him ? A.—I
am; also that Little Isham wais
wiith them and that he didn't
know the other man.
iQ.—W as Butler sane when you
went to him ? A.—He was per-
fectly sane and" recognized us
alL | *
/ Q.—What was the fnan doing
when you saw him from the gate.
A.i—He was standing by the
light colored horse and about
mounting liim. * 1
Q.—Was he in front of the
house? A.—No, sir, he was
west of the house some fifty or
sixty yards. * I didn't see any
other man. „ Mrs. Butler was
there at the gate, kneeling down
over her husband. _ She got there
. a little ahead of me and knelt
down beside him. He lived be-
tween five and ten minutes, as
near as I can judge. The can-
dles in the house were lighted as
we went.to supper. , ' V.:.
Q.—Where did this, all occur ?
Aj~-In Galveston county, at
Green Butler's hbrnej on Clear
Creek, on the 19th day of May,
1872.
Q.—Did you hear -what little
Isham said when he came back
to the house? A.—I did. He
said he .came up to thebonseand
met them at the gate. That he
rode between them. That one of
them caught his horse's rein and
held it back. He said he saw tlie
two men, but don't recollect that
he said he saw them shoot. He
sa'd he came Up to them, and
that just as he did so, they hitch-
ed their horses, one on each side
of the gate. He said one of them
shot Mr. Butler. I think he told
me he saw one • of them shoot
Mr. Butler;
had hitched their horses on each
side of the gate. They had hitched
their horses before Mr. Butler
went out there. When the shot
was fired the horses broke loose,
pulling pickets off the fence. The
one on the sorrel horse got on his
horse and rode around the gray
horse. The other man then got
on it, and they rode Off rapidly,
Q.—Did they hitch before ask
in s, for supper? A.—I think they
did. Mr. Butler went out to the
gate; when he was shot I saw
him fall j I heard the pistol or
gun fire; I was sitting on the
gallery steps, some ten oir fifteen
steps from the gate; there were
China trees between me and the
gate; I did not recognize the
parties at the gate; one of the
horses was a light colored one ;
it was either a dun or a gray
horse; his wife was the first one
who got out there to biih; he
said that he was dead and that
Andrew Walker killed him; that
Little Isham was there and he
didn't know the Other man; he
told his wife to tUrn him, over:
"■•llY I
she couldn't do it:
went
EBBIE LEWIS.
1 Q.—Did you know Green But-
ler? A.—I did.
Q.—Do you know when ho was
killed? A.—I do. I was there
at his house at the time.
Q.—Will you tell the jury all
about that ? A.-^-Two men rode
up to the gate on the 19tli of
May and asked if they could get
snpper. Mr. Butler said "Yes;
'light and come in." He walked
out to the gate. When he got
there the man on the sorrel horse
fired at and killed him. The one
on the gray horse stood by. They
out and Mr.' B.. saidr " Joe, turn
nioover this;was after snpper,
and the moon was shiningbiright;
the woman who cpoked was there
'at the house—Me^iu^ltRbtunaoh
was her name; when the tshot
Wias fired both horses broke
loose from the paiingib: the gray
ran off about 100 yards, but the
sorrel didn't run; he just broke
loose; just one ran.
Q.—Did you see where Butler was
shot ? A.—Yes, I saw the place.
It was in his breast, and, was
burnt around with powder. . It
was burned black all around the
hole where the bullet went id. I
aid not familiar with the sizes of
balls and pistols.
Q.-—Did you see little Isham
that night? A.—I saw him come
up after Mr. «Butler was shot
and brought into^ |he house.
Said he was there when the gun
or pistol was fired; the one on
tile dun horse pulled "his horse
back. I didn't See little; Ish am
before that. ;T_,■■■■■
Cross examined,- by Colonel
Manly:' : >7^'*}. '> - v: •' •
Q.—Where were-- you when
Butler i was rshOtf - Ai-^-I watf
Sitting on the steps of the galle
in front. 61 the door.r When the
Shot was fited: T started oat to'
thie gate; White Said,: "Where
is the gttn^-iand'ram into the
house for it I saw the horses
after they came dp, and when
tfhey broke loose.) I was never
any nearer to them d than from
the-jgate -to: the steps. There,
were China trees id front of the
bouse.;, ; ;iji; \ I
Q.—Could you tell a bay. from
a I sorrel horse at that dis-
tance, at that time of night <?
A^-—I could. Conld tell it t bet-
ter than; I could tell a gray.' . I
could see the color of .ojie horse.
It; was too;dark to tell;a gray
from * dun. ni «««'* wiidtt boJl
Q.—Did you or Mr. White; go
6u|t; fii t I Av-r-Mr. .White rfttaa.
f ahjead of me, 11 came out behind
hinu He : turned Mr. B, over
add then walked flutof the gaj ,
The men had leffc^Jthen. When
we were in the.hpujaertihey startj
ed offi. Joe wehtbdtfirst and I
aftei;: him.. White r W^nf ^o' $|ie
gate, before X did." I am cgrtoiu,
were thep.,in.
of-that The men were
the prairie. The -orn^on the sor
rel horse ran around, the g?ay
and stopped it Would! caJl jHfiat
hojrsealight colored onp,, a gray
or a dun. I have not called him
a gray horse. : I> said! Neither a
gray or a dnn^-rra light colored
hoMe." I sanl it ^waa a light
colored horse:: every; time.,;-!
didn't know the, horse,, never
saw him before that 1 remember.
I didn't knOw ttiat KeevCr Per-
kins had toe like it I rdtf with
stock. Have beed, at, it abqdt 10
years—I am now IB—410! I have
been with stock drivers about 8
yea^Si I drove stock Witb Mr.
Butler., I know some of. Per-
kins' horses. I didn't know the
dun horse that Perkins sold to
Andrew Walker. I knew sev-
er^l parties^ho had big sorrel
horses about there. John Lewis,
my father, had one* >V, ; ., ■
Q. Where waa he that day ?
A. He was on over at Thotaip-
sonrs. I saw him od that day at
Butler's house. I don't know if
his horse was shod; he gener-
ally shod his horses. It was a
long sorrel horse; be was a hand-
some horse. '
He-direct examination:
Q. You say one was'a light
colored horse1? A. Yes, sir; one
was a light horse and the other
darker than it.
Q. Tell the jury what .sort Of
horse it was as. precisely as you
can. A. It was a light colored
horse; I am sure it was. Had
shades of white id his color, One
of the horses was darker than the
other. I heard Butler 'tell his
wife that Andrew Walker bad
killed him; heard him tell his
wife and Joe White to turn him
over; he recognized them. The
hole where the shdt 'entered
his breast was powder-burned.
LITTLE ISHAM
sworn, testified as follows:
Direct examination, by Major
McLemore.
Q.—What is your name ? A.—
Isham Bundy.
Q.—Did you know Mr. Green
Butler? A.—Yes, sir.
Q.—Do you remember when
he was killed ? A.—I know when
he was killed, but I can't tell how
long it's been. I was there.
When I came down to the house
from the camp where we were
staying, there were two men
there who killed Mr. Butler. I
rode between them. One of
them asked it they could get
some supper; asked it in a fine
voice like a woman's voice. Mr-
Butler had come and said "yes;
get down and come in. One of
the men took hold of my horse
and held it back. The other one
stepped to the gate aud pulled
it to him and went in. One
hand—his left—was up to his
waist lie, pulled his pistol
from [ his (right) side and
shot Mr. Butler. , They had
on long oil cloth floats, buttoned
up close to their-chins; they had
their horses bitched odeatfh side
of tlio gate ;, they were before
their horses, next to the gate;
When ' they shot both horses
broke loose; one of the men was
a taller man than the other, one-
of them was a heap lower than
the other;; one had his hand in
under his coat and pulled it out
with his pistol in it and shot Mr.
Butler 11 was on a gentle horse
at the time; ;it belonged to Mr.
Butler. I went back to the camp.
It was about half a miiefrom the
house. I went to toe house to
getsupper', for we had borne into
3mp and hadao 'there. I
mtto the house 4 get supper,
two; ]I kno^ed I;- get it
was the man that run the busi-
nessi' :IKwasu^iing to get1
something to eat I was work-
ing with, Mr. Ben8on.f . I had
wtorked Vich' Mr. Butler'." 1 Work-
ed jiwith!r) Mr.' Benson in
driving cattle. Hi Had worked-
with ) Mr. i; Andrew Walker.
Q.~Did you tell any one that
night- after getting back to the
house, of, what you had. seen ?
A.—No, sir. -Itold notjody about
itj except tiiat I Was th<^e. I
told nothing of what I had seen
ndtil- the next morning, f.> When
coming- back I met; iBpndy and
told him Mr. Green Butler,: was
killed. When JC gdtback'to cainp
I stayed abound thei^B awhile aina
then went*back to :the house.
When.;I came back Mr. Butler
was dead, :Itti was not s^rTfery
dark, that night, but I can't; say
that I could see very good.' It
was kind of' light 'dark; Iti<v
ticed Mr. Butler when I went -up
toj the gate, The man whokilled
him walked right up to him and
jled'hito£'; • I knew: ife was dot a^
gttn. jtbe man pulle^ . out . and
ing some one said Mr. Butler ha<
said Walker kmed biin. I loObec
for tracks next morning at the
corner of the fence myself and
.another person; found tracks of;
shod horses j there were tracks
of two shod horses tnrning into
the Summit road: did dOt know
whether Lewi^ horefe was shod
no shod horses about the place;
don't know whether I tqhl Pet
Butler or Coward qi the tracks^
if I said so on first trial have for-
gotten it I Amourl saxv tracks
ojf two sbod horses going frotn
Sutler's house, and they were nil'
one way; never had any break'
fast that morning; it was abont
8 a.m.
Ee-examinfation:-
Did doisee horses that
made the tracks unless they were
the horses: that.: werethere
on that night j[t> was .400
yards from the'house to corner 0^
fence; know Amos Walker; he'is
a tall man;, about as Dallas B*
teller than the wt«tn on the
left hand ride of <; the fence;
know from the size that the
short man was not Amos Walker;
3rtainlsaWButler;ooafii do
lize /fchec otber when iQio .
ioo^g wa^ ; ^
shot. Mr, Butler .with, 'cause
know no inan could pull out
a | guri "and turn; itv round so
close: dp ■ to l another man,
as he was.to Butler;; i I tew. it
i; could' ;iiptv teJUL- who they
were; did not kfipy Black at
that time; I might have recogr
nized ,themj if I -^ad known
what they Were going to do; if; I
had known they were' going to
slfoOt,vI'migbt have looked closer
and aeed' \rtio they werej did not
hav6r sense enough ;: . they
had'sbof^ I heard "iMr. I'et But-
muqh, till ode of them jerked iny
harsebkek, li^ he; was^
might; ' 9ecn!: 'theifi plaid-
utlfer/ at gate}'
oniebf'them-was &> tell man.- r
othei* a. low ihan* about ■
other . a; low1 man* about' size
of MtLtetdOre; tliCy had on iong
oilcloth cbafei f : one wa taHer
than tbe^other; ode of the horses
was sorrel, and the othera light
gray o¥ dun hbijse' j I came u{ to
g^t sji^pei'!; iMe bteWeed: ithe.
two med at the ^te ;. both men
were standing1 before the gafte ^
explained positicm^^ritlf ehs&cr;
the nian Od left hand side as
low, chunky man-jpth^Otherwas
ata^ inan : the chunky mam
j erked my borSe back'j the^t^er
^obi: fiand on thegate •
it to him, and shot
lald|'his ri
and prilled
wiitfi! Jhisi: left' hand/. I; snp-'
posed iny'"horse ritieg ^ked
bapk to give the other- man. a
a chance to shoot}' was1 close
.enough to 8ee them^ but did dot
kriowtii^ibi they Were stiangers
to | mej Mr. Walker was not ft
stranger tome; but if I knew
them,; I did not recognize1 them
there; thd !lbft hotse was the.
light colorai h/srSe^ knew Wailk-
er's dun hor^; dod^ know that
the horse11 'tettr was hi^ don't
snow' ill tfi®;hcfe!es about there;
t is tiiy business^ to gattwr up
hforses; Lewis had a arid' ftorae
therej, knew it was a sorrel horse
because 1 loOked at it^ tiie. jmr
as John ILftwfc? horse;
I wa^ a long; slim. ;hok3e;
the died: had their faces turned
towards thie picket; on®: horse
aroke loose, and the man who
shot caught at; the rein } the
other horse; run off ;' don't' know '
whether' the inan that '$id the
shooting. was Johh' Lewis; I-
dff for' the camn as bard
writ. ~nri1v tfftW
as;K cbul(JMjgb'i;;f not Only gat-
loped btit I /ran; the inan Wiot -
with1 his1, left 'hdnd^ pulling hi$
pistol fimm 'fia Bieaet with"
his left hand aWJ j^jot ri was on-
a gentle bofse ; ^ diet Joe'Bundy
alxjut half mile from the house
on his w y to camp ^ told him
Green Butler " had be6d killed;
I Jan1, up to the camp, but did
not cdme b4ck right off; the
man "who cooked, and my brother
and another mad and ■ a
little \ boy,: allf came bhek
with die. They all walked do#d
to the house except my brother
and' the boy? when they got to
the hdffse they went into a room
and laid down; they were cry-
ing and going on in the house.
I might have heard some one
say thatdigbt that T/alker "kill-
ed Butler. I told'the boys that
1 was there when* 'Butler was
killed; supposed they told the
folks id the house j'didn't tell
anything else that night unless
I did it in my sleep. Next morn-1
WH«tti^Ythfe
runniflg'or walking, i ?I
1 •; HUSH KELI«Y CJlLCBWW; ^.
On the iight Green Antler
was kifted. May 19th, I872t *"
on Clear Creek, "five miles
Sutler's, perhaps more; on that
evening there were at my hodse
the tw1© Walkere and Jeff BlaCki
came a little before sni^^ird ana
afterwards, the three together:
don't know* "which w^ tbey toft*;
don't know whether tnefy rode or-
walked; did not see aily horsed;
same time; next tithe
alker and Black saw them ^ at
len's Ranche, threemiiee south
Harrishnrg, Ibree (4ayf after
) murder; I was in Galves-
ton ? Sheriff Dirks came down
arid said that ~ Walker
waated to see • me; he was
about,a;to a^ucrender < himBelf;
that he intended to surrender.
Himself tbatday; went up. tQ
lu>j:kgre^tot^e^df
propfety; saw Black and Walker
surrender ihemselves: to Sheriff 1
Dirksih^djio coayew>ion>wHfe
them, s.} iTOffl Fas on .Tuesday. «Tj
Wednesday after Suiiday Of the
murder, IJitks sidd Wfiffiefwas
gtnng to surrender ; dont know
i What Walker wanted : haVe never
yet found out.what WaUterwantr
.ed Of me : have never aSked what
Jei Wanted ctf me. Dirks advised
me tO 'ge ; never went to see
^emafter the mdrde?iih#4, no.
with thexn,; did^
•jkave ,the .;ranche ,to go to hunt
themi stayed iip about two hours;'
Were all on tlie gaBeiy te*'
1, get her; made no inquiriesaSito:
; what he wanted of me ;1 saw; no
armed men about them; lived
nOar old Mrs/Walker's; She1 was a
widow, had -do - mad about * the
place.} Id the evening Black said
he was hunting a niare of Sam
Alled's, which" one of myri men
had found. He recognized the
mare. He atid Walker didf dOt
stay overbad an heui,
not over fifteen minyates, . :33
house; disked tihein" to take' a
f \drink; Black ahd AmoS Walker
did drink, Andrew declined on
aiceoaat pf;, a hea^aehe.,■: >At
the :.time; ,I went up. .the
che^ from Galveston I did not
W rfeffl ^lack was accused-of
crime. Keen en and TOinmy
erkiflac^meto myjtouse on.fte
fligh$ ctf, the- murder, or on the
next morning that Butler had
been killed ^ they did not accuse
anyone; think it was Od' Sud-
dftv night wbto it my housBe
Jjt.was the digbt before T^ime
,tp Gaivestoib If T came Ho Gal-
veston on Mmiday they told
#4 : ;od Suttday-^if.. I earn©
oid! Tuesday, it was Modday night
tjiat they Were, at my house ana
told of .the murder; oil' second
thought, think ;I;Wfts told Or the
mijirder on "Moodny night, and
came to Galveston on Tuesday
m«|ig.f,,.,t? jits'.j,} r
1 The cross examination of this
witness appeared tp. be done eat'
clusiyelyi fey. the: .^te^ al^qugh
he was i^w4oced! for. t^e.State.
,The cross lamination failed to
elicit any neWpointiorto change
the Origmat testimony;; =
^ JEBBY: THOflNTON, ^
Know Amos Walker, Andrew
Walker and Jeff. Biack j saw
them on the-Sun^ay of tha flinr-
der, on EeUey's, bridge -T they
were riding along one on a sor-
rel, one on a bay and one on ft"
dual horse, at about dusk; were
towsucds idy house ? dun
hors& wae Jarge; others were
-large f one had on an oil oloih^
the others had oil cloth's tied to
the saddles j they had pistols
tied to their saddles; they Said
how do add passbd on ; know the
two Walkere better than I do
Black; have known these men
some time; 1 went-to Kelley's
for meal; was on the Way tbere;
met them on the bridge. .. }.
Cross examined—Bridge is
one hundred yards from Kelly's;
men were going towards Sum-
mit; Butler's is in a contrary di-
rection; they used to drive down
in that neghborhood; cattle men
used to ride there; most ot them
keep oil-cloth ooats tied to their;
saddles; I came here to swear
fo$ Pet Butler: my house is a lit-
tle off from the rbad that goes to
Summit; pass the house going
from Kelley's to Summit? they
were not going fast; they were
on a pole bridge; were in a trot;
Butler lives way down the creek
in another direction from that
'where the men were going; re-
peated the color of the horses,
abd description of the men; don't
kdow when they got me to swear;
think it was on Monday; Sam
Perkins come over on Monday
night at lS^o'clock; my papa
took me. over tO Butler's; told
daddy when I got hdme tiiat I
bad seen the Walker's andBlaot;
cross only one creek going from
3y house to Butier's; did not
>me back; I staid there; am not ;<
telling the jury the tenth; don't,
know what the truth is; do know
What the trdth is; have told the
truth; have not told a lie; it was
after the'kilting of Butler that I
told daddie of my . seeing the
Walkers and Black; I came down
on the train; Butler paid my fare;
M 'one never told toe what to
say? daddie told me to say what
Iteddfirrt. iu s&aTisb 'i-rfl
To Juror—-Amos Walker rode
the bay, Andrew. Walker rode
tri^ti^iirftecfioh'idfJ this!
I Survey^and patted 1 the?'■'■
tieansonnd the scene of *he < ;
is a1 tougfh sketch or^^^ i
wr tS is -Butler's ' house^ri
ntmg^ -west^; the gate is 30
feet from^jthe bouse ; tins is Bufc-
> fipidi ihis is Hugh Kelley'8.; f;,,,
s, is Kelley's bridge; this is
ThordtonVr hodse, 1J miles
Kelley's^ it is five miles
ni Thornten's . to to Butier's
j. from Butlers house to
s is one-half mile.; from
;s house to Summit is 6f
mJlAf thf^' is « pdil bridge V
m; Summit to Kelley's is an
o^eu ipTairie all the way .except a -}
a m«e further than the regular
route;: the >descriptaou of tfaer
locaUtiesi could not be explained ,
hout a map?- i wag one d^y in . ..
*v'" .the triadgulations and .
thefts;diidfer^5 OfdSits1' Of' ' ■
thjeeehrt; have since been and'
teyed certain iocalitiee nndero
_ne^ Of defendants' fMsterney#;,
Bailer's bonse is two stories, gal-
lery fronting West; feet, to
gate; Butfert field is about 200
Or 300i yards; between Butter's >
house anditbe field there is some
openpostpaks,^^^ ■. mb /j;,
BOB I obn®OH CALLS . ^ •
On the evening Butter fwa>s
killed, was id the. field picking
out weeds ? it was Sunday; live
on! troroaa between kelly^ add
Summit. After sundown saw
three meii riding slowly past me;
a on two sorrels and a' dun \
tmysoh toKeIley,sformeal?
eti he came home, told me
hftd seen the two WaJkert'
Blaok?>the borseswerer small
. ftn^eaajble.^iised horae? the , , .
dun was the largest; they were
cow ponies;, tnidks the dun
horse ft gOoa sftddfe bOftse? the :
horses were side towards me; if:- -
be mens feces had been fcuraedto-...
yards me, there was light enough
o^ me te have told who they
were if I had kdOwd thefe. They
were making right towards Sum-
mit 9 did not: see them again;
these wm:all who ^passed that.,
way that dig^t; first heard 0^
Butler's death dext dajr; about
eleven otdtbek. J^ry told mo-he- 1
saWf^eso men as soon as he got *
Doa't kneiw .what a Core-
'sinqjjestis, ^idnotseead?
examined at Walker's house;
Ms bOdy. WaS examined. Jerfy
beck right smart after dark.-
examinBdrrrWhen they n
t passed the j feuce they we| n:^
■oyer fifty yards; don't know
r.the men Were dressed; can't
say the^ were in' eftrirt sleeves or
how dressed ; looked to J see
i I: knew 1"the horses ?
d.. J*iW i. they
Were qn cow ponies? Jerry told
me that these hOrses Were two
^orrel &nd a dun;:did not say Odd'" '
wasa bay; id Aadtew wascm
his dua? Amos Walker and Jeff
Were oasorrd^ did ntf describe
.
any dress that the men had .on;
most all cattle men there carry
arms;1^'common1 Wiingf did
not ao&oe oil elotiis on^tihe aoen?
if they had them on I think I
wquidihave noticed it? . Jeriy. .
neter told me that he saw them
with ' Oil ' troths on; certain he
irever did? he told me they Were "
on twa sorrel horses and one dun? n;;
be never told me one wae a l y . m
^Afto^Butto w,as. iFffled
and buried, armed men were
riding around? Joe Bandy
and Lewis-Weiee among them? ;
they; ware ant at the spring?
don'fco kw w how ;;inany thqre T ,
were; ^ere were more than tw<^
don't Know that there were three?
first 'thought it was a ;«ftoied
friend^ ^because the dun borne
was iike fcim; we call the man
Shanghai? cannot aay wbethef, .
these men were black or white,
that rode past my house; sun
bad been down about half an
wurv Shanghai's horse looked r
ike Walker's;, was a good, gay
horse; could trot, canter or pace?
x)lerable goOd horse? Sani Per-
tinswatrted mete go to Butler's
o see who was guilty, as it might
be laid on some of us; it was late ,
when I got ba<dr; took Jerry
withme:they toldmetobringhim? -
at Butler's I was questioned:
there Were two men there; don't
know that one, was Prioe and ; -
the ether DeGaaltie; dont know
the men: told them the same. -
Story I tell here.
Re-examined:
It was light enongh to have
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Baker, J. H. & Wilson, J. H. The Daily Mercury (Houston, Tex.), Vol. 6, No. 136, Ed. 1 Sunday, February 15, 1874, newspaper, February 15, 1874; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth232976/m1/1/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.