Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 269
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1875.] FARRER V. THE ST.AT., 269
Statement of the case.
' were engaged in the fight When defendant told witness that
"one of the Mexicans had knocked him in the lead with a quirt,
" witness saw the wound upon defendant's face or head, and he
" thought he saw blood upon defendant's face, but he was not
" certain about it. Witness said defendant had been drinking,
" and he might have been drunk. When witness, Allen Brown,
" and others were standing around the deceased, as he lay upon
"the ground, they observed the defendant coming towards them,
and Brown told witness 'not to let defendant come back to
'"'where the deceased was, but to go and turn him back.'
"Witness then went to prisoner and told him not to go down to
" where deceased was. Defendant said, them Mexicans thought
"'they could whip him (defendant), but he would show them
"(they could not do it.' Witness told defendant if he went
" down there, the Mexicans would kill him, but defendant in"sisted
on going, and threatened to fight witness. Witness
"then got down from his horse and told defendant if he wanted
" to fight him, come on. Witness finally persuaded defendant to
"turn back. * X"
Eli Mike, a treedman, testified that " he went with Dick Hop"
kins to where the defendant and other freedmen were fighting
" with the Mexicans. Witness saw defendant throw the stone
" at deceased; the stone struck and knocked him from his horse
"to the ground; defendant threw at the deceased twice after
" the deceased had fallen to the ground; but witness could not
"tell whether the stone struck the deceased or not. Defendant
"had been drinking, and he might have been drunk. The deceased
was not in the fight between the freedmen and the
"Mexicans, but was sitting on his horse when attacked by the
" defendant some distance from where the fight took place."
Joe Webb, a freedman, testified that "defendant was struck
"on the head by a Mexican with a loaded quirt, and knocked to
"his knees; several Mexicans fought the defendant; there were
" several freedmen in the fight also; the freedmen ran to the as"sistance
of the defendant when he was surrounded by the
" Mexicans. The Mexicans fought on horseback and made use of
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/277/: accessed May 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .