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: 362
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362 WALKER v. THE STATE. [Term of
Statement of the case.
two or three times-Joe White and Ebbie Lewis, the ono
being a visitor at the house, and the other an inmate of the
family of Butler.
The evidence of these three witnesses discloses the fact, that
before Butler died, and before he repeated the above declaration,
he recognized every one around him, and asked to be
turned from one position to another, in order to relieve ]his
agony, arid in all respects he acted as in his perfect senses after
the fatal wound had been inflicted. "Little Isam," who was
spoken of by Butler as being " with them," was a negro boy
who was well known to Butler, as having been a long time in
his (Butler's) employ; and he testified that it was true that
he (Isaim) was present at the time of the killing (or shooting),
and that he saw a tall man (such as the appellant) pull out a
pistol and shoot Butler, without any talk between any of the
parties; and he saw another shorter man standing alongside of
the one who delivered the shot. lsam's testimony indicates
that he was there by a seeming accident. "Isam knew defendant
well; would know him anywhere; saw the face of the man
who fired the shot, and could not say that it was defendant."
Two or three witnesses corroborated the truth of Isamn's
evidence as to the fact that he (Isam) was there at the time of
The court admitted the declarations, as within the rule under
Upon this testimony the State rested the case against Andrew
It was testified for the defense that the two Walkers and
Black were at the house of Mrs. Walker (mother of appellant),
distant four and three quarters miles from Butler's; that they
left Mrs. Walker's at half an hour before sunset, proceeding.
eastwardly in the direction of Summit, whither they were
going; that "at sunset," about "sun-down," they reached
Hugh Kelly's, on the way to Summit; that they remained half
an hour at Kelly's; that from this point the distance to Summit
is five and a half miles eastward, and to Butler's five and
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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/m1/370/: accessed December 16, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .