The Lampasas Daily Leader. (Lampasas, Tex.), Vol. 3, No. 805, Ed. 1 Thursday, October 11, 1906 Page: 4 of 4
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He Lampasas Dally Leader
%'ernor ft Abney, Proprietors
.5®. Vornor. Editor and Manager.
Xbarnten Read, Associate Editor.
Swrftersfl at the postofflce at Lampasas, March 7,
,.1904. as second class mail matter.
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ANNOUNCEMENTS-
Nominees of the Democratic
primaries:
i ■ -
For Sheriff and Tax Collector,
J. K. Morriss.
3?or County Treasurer,
G. W. Tinkle.
For County Clerk,
J. E. Morgan.
Tor Public Weigner,
. c. O. Witcher.
For County Attorney,
R. F, Lewis.
Tor District Clerk,
A. F. Baker
Tor Tax-Assessor,
J. E. Wiley.
Tor County Judge,
M. M. White, (re-election)
Tor District Attorney,
John D. Robinson.
Independent Candidates.
County Clerk.
R. E, Noble.
Tax Assessor.
E. T. Jordan.
Sheriff.and Tax Collector.
J, &. Jackson.
Public Weigher.
Albert Brown.
R. O. SMITH, M.D.
Physician and Surgeon
Office in Big 4 building, up
atair?. Diseases of women
and children a specialty
Phones at oihco and residence.
JOE E. DILDY,
Physician and Surgeon
Office at Lion Drug Store
ILampasas .* Texas
Dorbandt & Dorbandt
Physicians
and Surgeons
♦Office at Schwarz & Hoffmann Drut
Sfewre, Phones at office and residence?
Lampasas, Texas.
T. S. ALEXANDER,
Attorney-at-Law,
Office' Over The Penny Store.
Lampasas, Texas.
X W. EARNEST
VETERINARY SURGEON
Treats all diseases of animals.
€?ali him at Earnest’s Stable.
JOE B. TOWNSEN,
'P«VSICiAN AND SUROEOON
OFFICE AT LION DRUG STORE.
Skies a general practice at Lamnasae
lad in surrounding country,
District Court.
In response to the questions of
the attorney’s for the defense in
the Lee Sorrell’s murder case,
Dr. Read testified that the bullet
entered to the right of the breast-
bone and came out at the base of
the right arm pit, the wound in
the back being about two inches
higher up than where the bullet
entered.
Mrs. Vardeman Ayers was put
on the stand and being questioned
by the attorneys for the state,
saidj that her husband and the
defendant were lying on- pallets
on the floor. That Lee Sorrell
said that he could chop fivejacres
of cotton in a day which Ayers
disputed. The lie was passed
and Lee jumping up, shoved
Ayers back over a trunk. That
the defendant got up and went
back on the porch, being shoved
out of the room by Dave Sorrell.
That defendant went into the next
room to get a gun and that the
next thing she heard was its click
and the shot. Her husband
jumped up and said he was shot.
She went into the kitchen. Be-
ing questioned by the defense,
she stated the position of the va-
rious parties in the room, accord-
ing to a chalked diagram on the
floor, and stated the size of the
rooms in the house and the way
the house fronted. She said that
her present feelings to the de-
fendant were not kind. She
stated that Dave Sorrell took a
knife from the defendant when he
was taken from the room at the
beginning of the difficulty.
Chas. J. Menton was called to
the stand and questioned by the
state. His testimony was sub-
stantially that he knew both de-
ceased and defendant, that he was
on the night of July lltli at the
house of Vardeman Ayers, stated
that the parties present were him-
self, Ayers and wife, Dave and
Lee 6 > v *11 L1 hat he had been
at the house several times, was
there then to see aboutj£some
corn. That he was sitting in the
front room next to the gallery at
the time of the scrap His at-
tention was first attracted to the
difficulty when Lee jumped up
and struck Ayers. He did not
hear anything that passed be-
tween them until the struggle be-
gan. Dave Sorrell went over to
separate them. He described the
location of the various parties.
He could not say who fired the
gun.. He did not see the gun
He was sitting still in his chair
at the time of the shot. Lee Sor-
rell came to the door and asked
Vardeman Ayers to pay him and
he would go. Deceased told him
that lie would not pay him a cent
and that he should leave. He did
not at that time see a gun. That
Dave had taken a knife away
from defendant. He was related
to Ayers but not to Sorrell. Af-
ter the shootiDg, lie went away.
That Mrs. Ayers told Dave Sor-
rell that Lee had goue after the
gun. He did not hear any one
walking on the gallery. Being
questioned by the defense, lie
sta'ed that on this occasion, the
deceased and defendant were ly-
ing on pallets on the floor, not
over two feet apart, showing by
diagram, their relative position.
He was listening to Mra.~Ayers
reading aloud. The two boys
had been friendly as far as he
knew. They had eaten supper
together. He had been there one
and a half hours, he had not
heard any angry conversation
durjug that time. He saw Var-
deman Ayers thrown across the
trunk. He did not hear deceased
tell Sorrell that lie would kill
him. Lee Sorrell was between
himself and Ayers. That Dave
pushed Lee out. Vardeman
Ayers followed in the. direction
in which Dave was pushing Lee.
He merely raised up in his chair
and did not take any part in the
struggle. He stated'that Ayers
was sitting in a chair at the time
he was shot. He was looking at
him when lie was shot. That he
heard the gun click, but the shot
was fired before he could speak.
He did not see any knives. He
did not see Dave Sorrell 'take a
knife from Lee Sorrell. He did
not see a knife fall from Ayer’s
hand. A second before the shot
was fired, Sorrell told Ayers to
pay liim and he would leave. He
saw nothing of | Sorrell but his
head in the door. That Dave
Sorrell was standing in the|door,
that he did not see the gun at all.
Mrs. Ayers, wife of deceased
was put on the stand and quest
ioned briefly. She said [that she
did not see Lee Sorrell when [he
was pushed from the room. That
when he told her husband that he
wanted his pay and he woulc
leave, he did not have the gun
Lee told her to get his clothes
and while she was at the trunk,
the gun fired. That she went to
the trunk after the clothes at her
brother’s request. That her back
was to the east wall and she was
facing the kitchen.
Dave Sorrell, brother of the
defendant was put on the stand.
He stated that he was a brother
of the defendant, that he was at
this time at Ayer’s house, and
had been there about 7 hours.
That Lee had been working for
deceased about a week, that de-
fendant was living at Vardeman
Ayers house. His first notice of
the unpleasantness was when he
heard Ayers call Lee Sorrell a
--liar. That the two were
about four feet apart when the
struggle began. Lee had said
pulled the combatants apart j and
that he could chop more cotton
than Ayers,, and Ayers called Sor-
rell a liar. That Ayers got up and
started toward Sorrell, that Ayers
got up first, that Lee pushed
Ayers back over the trunk. That
he had not done anything to Lee
until after defendant had pushed
Ayers back over the trunk. Then
he go up. and separated them.
That he was between Sorrell and
Ayers and with his back toward
the latter. That Ayers followed
them to the door. Sorrell was in
the dark and lie did not see him.
That his back was to the door
when the gun struck him, that he
thought that Sorrell was trying
to push him back. He knocked
the gun down under his arm,and-
the gun fired. Ayers ran across
the floor with his hand over the
bullet hole in his breast. That
iramediatelly after he pushed Sor-
rell out of the door, Sorrell turn-
ed around with the gun. That
Sorrell did not have time to go
into the other room. He did not
hear defendant say a word, that
he was standing closer to Lee
than any one else. The gun was
a 38 calibre Winchester rifle, a
magazine gun, of the kind that
throws a cartridge into the gun
and cocks itself at the same time.
He stated that defendant did not
stick Ins head in tlia door and say
anything, that if he had, lie would
have heard him. At the time of
the squabble, Mrs. Ayers was
reading a newspaper. After the
struggle, he picked up a knife off
the floor. It was a 2-bladed iron
handled knife, open, and he recog-
nized it as the property of deceas-
ed. He laid the knife on the
kitchen table. The only time he
saiv the knife since it was in liis
sister’s trunk.
The state then took the wit-
ness. He stated that the shot was
fired under his arm. That deceas-
ed was sitting in a chair at the
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ime he was shot. He had stated
before the grand jury that he did
not see a knife, that he did not
take a knife from Lee Sorrell. He
stated that he picked up a knife
off the floor. On the examining
trial he stated that lie did not
hear Ayers tell defendant to leave.
That when the gun hit him, lie
hit the gun, just as it fired under
his left arm. He stated that Lee
Sorrell fired the the shot that
killed Ayers. He stated on being
questioned by the defense that he
looked out of the door, but did
not see Sorrell, that he saw Ayers
sitting in his chair, that he did
not see defendant until after the
shot was fired.
The defendant, Lee Sorrell was
called to the stand. Being ques-
tioned by the defense, he stated
that his father’s home was some
five miles from Ayers. That at
the time of the difficulty, Ayers
and he were lying on pallets
about three feet apart with their
feet toward each other. That he
had made the statement that he
could work a certain piece of land
better than Ayers could another
piece, that Ayers called him a-
liar, and cursed him. He pushed
deceased back over a trunk, and
told him that he could not take
that from him. Ayers ran his
hand in liis pocket for his knife,
and that Dave Sorrell shoved him
(the defendant) to the door, and
Ayers followed. He did not say
a word, but as he was shoved out
of the door, he picked up the gun,
thinking to stop him. He believ-
ed that Ayers had a knife and he
thought that he would stop him.
Dave knocked the gun down and
it went off, shooting Ayers. He
stated that he did not intentional-
ly shoot Ayers. While on the
pallet, he told Ayers to pay liim
and he would leave. He did not
put his head in the door and tell
him to pay him and he would
leave. He went back into the
house after the shot was fired and
helped to carry him in the house, ‘ on
the gun was never kept in the
other room. Sorrell stated that
he had a knife in his pocket. He
did not touch Ayers except to
push him over the trunk. Ayers
hands were in a position to strike
him, and after he had put Ayers
across the trunk, he put his hands
in his pockets to get his knife.
He saw the knife when it was
drasvn, "When his brother Dave
shoved him out of the door, Ayers
followed him, and lie watched
Ayers over his brother’s shoulder.
He saw Ayers just before he
got the gun. He saw him when
the gun fired. Ayers was watch-
ing him and could have seen him
pick up the gun. Ayers was
coming on him with a knife in
his hand. He did not shoot de-
ceased. That deceased had cursed
him and threatened to kill him.
He weighed about 180 pounds,
and Ayers weighed between 185
and 190. Ayers was taller than
himself.
Mrs. Ayers was recalled to the
stand. She stated that Ayers’
knife was by the clock on the
mantel piece, that she had put it
there herself. The last tiDie she
saw the gun was two days before
the shooting.
With the exception of one wit-
ness, both sides rested the case.
Court reconvened at 9 o’clock
Thursday morning.
Dr. Poynton Sr. of Copperas
Cove, was put on the stand. He
stated that he was a practicing
physician, had been practicing 16
years, that he was a graduate of
a medical college. He was called
in consultation with Dr. Read to
see Vardeman Ayers, some time
in July. He made a superficial
examination of the wounds. The
point of entrance was on the right
of the breast bone, between the
third and fourth rib, the other
wound was to the left of the
axilla. The point of entrance
was much swollen, in appearance
the point of exit was higher,
though he did not take anv meas-
urements. In* his opinion, the
bullet was split and deflected by
striking a bone, but lie did not
probe the cut.
The attorney began their ar-
guments at 9:15. Judge M. M.
White opened for tlie prosecution.
Ho came to Lampasas voluntarily
and by himself, and surrendered
himself to the officers.
Under examination by the
points of lav7, he began his speech
to the jury. The address was one
of the most able that has ever
been heard in a local count room.
Judge White made a powerful
state s attorneys, Lee Sorrell j impression on all his hearers, the
stated that he had worked seven
days for the deceased, that he had
lived there several months, that
the
jury being in tears during
last few minutes.
Judge White was followed by
he had famished part of the pro- jdf^fi^and ’SholSly'mW
isions, to the amount of $22 or • presented the law in the case, and
$23. Deceased had cursed him I made a strong and sensible plea
and he had told Ayers that he! to the jury for the defendant,
could not take it from him. He j Judge Browning for the defense
stated that he was not mad. His j reviewed very briefly the law,
only thoughtrwas to stop Ayers, j aDd his appeal was made specially
Ayers was not sit ing in a chair; to the jury, and as usual was
when lie was shot. His brother! very strong and well delivered,
knocked the gun while it was in Judge Browning concluded his
r
liis hands. He did not shoot him
intentionally, that Ayers was
coming to him with a knife in his
hands. He showed the relative
positions at the time of the diffi-
culty. He stated that his brother
had been hunting that afternoon,
coming in about three hours be-
fore the time of the struggle, that
sbeecli about 3 o’clock.' As we
go to press, District Attorney
Robinson is closing for the state.
This is probably the shortest
murder case that lias ever been
tried in the county.
______ W
Daily Leader, 3 months for $1.
r
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Vernor, J. E. The Lampasas Daily Leader. (Lampasas, Tex.), Vol. 3, No. 805, Ed. 1 Thursday, October 11, 1906, newspaper, October 11, 1906; Lampasas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth897250/m1/4/: accessed June 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Lampasas Public Library.