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: 363
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1875.] WALKER V. THE STATE. 363
Statement of the case.
three-eighths miles southward; that they left Kelly's " after sun"
set ;" that they were met at Kelly's bridge by Jerry Thornton
(State's witness) " about dusk;" " met them at the bridge
"just at dusk; " that this bridge is about two hundred and
fifty yards eastward from Kelly's house, on the road to
Summit. Three men were shortly after seen by Bob Thornton
passing his house. He swore: "It was just growing
" dusk when I saw three men riding by me slowly, side by
" side, talking, coming towards Summit in a walk." This
point is one and a quarter miles eastward from Kelly's house,
and four and a quarter miles from Summit, and about five
miles, by any feasible route, from Thornton's house to Butler's.
It was in evidence that they were met half-way between
Kelly's and Sumnit by Lea, who had left the camp at Summit
" after sun-down," to go to Kelly's; that they spoke to him and
he knew them. They were riding in a walk. Not dark when
lie met them. This point is distant from Butler's about six
miles, and from Summit about two and a half miles. It was
testified that they arrived at Summit, which is distant from
Butler's house six and five-eighths miles," about 8 o'clock,"-" it
" was not later than 8.15 o'clock, P. M.-". On the 19th of May,
the sun set at 6 50. The moon was full on the 21st of May.
It appears, from the testimony, that there was no unfriendly
feeling known to exist between the accused and the deceased.
The State then rebutted, by evidence showing that two persons
in male attire were seen, just before the murder, within a
short distance of Butler's residence, riding on horseback, in the
direction of Butler's house, one of them on Walker's dun horse,
as recognized by the witness, who knew the horse well, and
which was shown to be the same horse that Walker was riding
on that afternoon when last seen.
It was also in evidence, by the same witness, that the killing
was done in such time as it would have taken the two parties
to ride the distance from where seen to Butler's, and that the
shot and screams of the wife, thereafter, were heard by the
same witness who saw the two men.
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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/m1/371/: accessed November 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .