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: 361
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1875.] WALKER v. THE STATE. 361
Statement of the case.
mining the merits of an application for change of venue, is a judicial,
and not a personal discretion, and his action may be revised by this
court on appeal.
APPEAL from Galveston. Tried below before the IIon. Sam.
A little after dark on Sunday evening, the 19th day of May,
1872, Green W. Butler and his family had finished their supper,
at the residence of Butler, on Clear Creek, in Galveston
Green Butler then walked out of the room in which the
family had taken tea, upon the gallery of his house, and while
there standing, some persons rode up in front of the house and
gallery, and stopped outside of the yard gate, about thirty or
forty feet from the house, and asked if they could get supper,
to which Butler replied, "Alight; certainly." Butler then
walked out to the gate, and two persons who had dismounted
remained outside of the gate until Butler reached the same,
and then one of them immediately shot Butler with a pistol, in
the breast, without further " parley," and Butler fell upon the
ground as if dead, whereupon the two persons ran away on
their horses. Butler survived the shot about ten minutes, and
then died; but before he died, he told several persons who
were about the house at the time, who it was that had killed
The evidence shows that Mrs. Annie Butler, the wife of the
deceased, heard the question asked by the persons as they rode
up, and as distinctly heard the reply, and also the shot that
followed so soon as Butler could walk to the gate. Mrs. Butler
testified that she ran immediately to the prostrate form of her
husband, who was, when she reached him, supporting his head
on his hand and elbow as he lay upon the ground.
She asked him if he was dead, and he replied, " Yes, Annie,
"I am dead (or dying). Andrew Walker killed me, and little
"Isam was with them. I I did not know the other." There'
were two other witnesses who heard this declaration repeated
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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/m1/369/: accessed January 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .