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amos trigg - TOKESDAY, rmUAIT 24, HIT of 3 i in Keever...
TOKESDAY, rmUAIT 24, HIT of 3 i in Keever rested BUI Pierce's Trial Started Uf* (H (Mfriwt Father Of Pkrcc Ttitifies !• Cowrt TM (Continued From Page One) ing. Mrs. Ol» Davis, on the stand just before Bond w«g Introduced, had testified she had known nothing nothing of trouble between young Pierce and Pescel. she IK the defendant's mother-in-law. To Complete Testimony Today The defense counsel, Vickers & Campbell law firm, expects to complete complete its testimony early today, after after introduction of "one more witness, witness, and possibly one or two more character witnesses." State's witnesses established the fact first shots were fired before those witnesses became directly attracted attracted to the scene of the homicide. Several of them said they, after the challenge of firing, looked around and saw Pescel staggering northwest northwest from near the Avenue D and Fourth street intersection, with Pierce following. Thereafter, after a slight pause, they explained other shots were heard after Fescel had fallen beside the' road. Other Wltnenex Heard State witnesses were C. W. Reynolds, Reynolds, laundryman; Amos Trigg, 16; Mrs. Emma Moore, a sister of Fes- eel's stepmother: Mrs. Fannie Miller, sister of.Mrs. Moore; Gordon Sanders, Sanders, Lubbock mortician who was not at the scene of the homicide but who prepared Fescel's body for burial and could qualify for explaining explaining location of wounds in the body, and Roy Thomas Neely of Alba, an eye witness to the shooting. Defense introduced Orvilie McDaniel. McDaniel. truck operator; Pauline Davis, Davis, sister of the defendant; Mrs. Ola Davis; W. E. Watson, defendant's defendant's employer for several years and who was called for a reputation witness; witness; Mr: Vickery. highway teamster teamster called for reputation testimony; H. L. Bost, who said he was in the tire business and who was introduced introduced for reputation testimony, and Pierce. Pierce left the stand at 5:3Q o'clock, and Judge Daniel A. Blair adjourned court until 9 o'clock this morning. ChallfiTiserl Several Times Pierce was challenged several limes by Burks for sidebar remarks and! aHszPrt npiTiionated statements. ''Bill Pierce was in nc danger from Fescel when Fescel was in jail from August to Dec. 30. was he?" asked Burks. Pierce said he ''fijrured there was a right smart" amount of danger. Burks pressed him for reasons. Fescel could "write letters." said the witness. Burks wanted to know how writing writing of letters could prove danaerous. "Well, how'd you feel, if someone in jail wrote your—" Courtroom Is IVarnrrt Judge Blair and Bailiff Cap Moore had to warn the packed courtroom against demonstration. Pierce said in the sprint: of 1936 he first noticed Fa-eel. He said Fes- cel waved at Anna Lee and she "waved back." The defendant objected objected and started into the street where Fescel was. Fescel. said the witness, drew a knife and said. "I'll cut hell out of you if you come out here." The elder Pierce said he told his son to go back in the house, since Bill Pierce had not recovered from injuries caused by a truck. A few days later, the witness continued, continued, he saw Fescel and Mrs. Bill Pierce on a bed. Subsequently, he said he saw Fescel passing by sev- ral times waving a knife and waving waving at Mrs. Bill Pierce. He said he saw Mrs. Pierce and Fescel in bed in the latter part of August, when iiis son was at Lamesn working. Said "I Go Prepared" "Next morning." he said. "I saw David. I told him to keep away from my son's wife. He tolci me. '{ don't need any of your damned advice. I don't give a damn what trouble I cause—I po prepared." The witness said he told his son. upon Bill Pierce's return, about the conversation and about seeing Fescel with Mrs. Bill Pierce. "I told him all about i: and sniri ne i David* is liable to kill you; I'd get a gun." Wears Father's Gun He said the son took his advice and wore a gun belonging to the vitncss. On the day of the homicide, said he elder Pierce. "Bil! crimp to me at noon and said David had threal- l to kill him and had his wit? ind baby and wouldn't let. him have hem. I told him he'd hotter put. on ny gun again,- for protection." On cross-examination, ihe witless witless said he had no;, heard that Fesel Fesel had been acquitted by a jury in December of a charge ho was under ind that he had not bcon told Bill Pierce and Fescel had "had a con- •ersation and had shaken hands a lion time before the homicide." He said the defendant and the blnnde woman had been living to- Jfither up to the time of the shooing, shooing, but had not. since. "Threw Hand To Hip" Pauline Davis said shr had seen 'scpl "throw his hand to his right hip" before she heard gunshots. She said Fc.sc.el had handed the 17- months-old child to Mrs Pierre just a moment before .ind that "David made a grnb for Bill." She said on Ci'o;-s-cxamination Pierce appeared to back away right after (hat. and ' that, the two had stopped out of iirr .-ivht before she heard t.he sho;? or the gun. Mrs. Ola Davis said on cross- examination she did not sec any | move of Fescel "toward his hip." j Position of wounds in Fescel's ' hack and the finding of a powder hum on the check were rei.wi h\ j •>inders. Reynolds and Mix Monrr ; oid two shots were fired afd'r Fe-- j eel had fallen. Reynolds sayme I Pierce leaned over to fire the las: ; two shots. Trigg said the defendant ! "ca'mly" walked away after the | shooting, McDaniel, who telephoned an ainhulince and the p-.Mio". f".:: - : fied he saw no gun near Fescel af- Two youths who said they were brothers and lived at Lubbock, Tuesday night were detained by Abilene police after 305 pennies, allegedly allegedly taken a few minutes' before from a weighing machine in front of a Main street store there, had been found in their possession. Charges had not been filed, Abilene Abilene reported over Associated Press facilities. Delegations from Cochran, Bailey, Bailey, Yoakum, and Knox counties will appear before the state highway commission at a Thursday hearing, said the Associated press from Austin. Austin. Knox county seeks construction construction on highway 16 from Benjamin north. Projects of the other counties counties were not listed. Assembly at God church obtained a permit Tuesday to construct a frame and stucco church building at 1609 Nineteenth street, at a cost of approximately $500. One of the 15 men students of North Texas State Teachers college chosen as prospective members of the Trojans fraternity was Floyd Halbert of Lubbock. Critical illness of her mother has called Mrs. John Knox here from Santa Ana. Calif. Her mother is ill at the home of another daughter, Mrs. E. L. Reed of 2910 Twenty- first street. Mrs. Knox is the Katherine Katherine Knox whose paintings are on display in the engineering building at Texas Technological college. She has won wide recognition as an artist. artist. Theft of a carburetor and an oil filter from a pump Tuesday was reported reported to city police by E. A. Hankins Hankins of 5 miles northeast of Lubbock. Upon perfection of appeal, case of W. K. and W. C. Harden, charged with theft. Tuesday was transferred from justice court of Walter Davies to county court. Assessment of $25 and costs against each defendant had been made Jan. 30. Appeal bond of SIOO each had beer, po.stod. Jack M. Randal will discuss Stewardship." at. a meeting of the men of the First Presbyterian church tonight at 7:45 o'clock in the social rooms. It is thr. month!; meeting of the. group. W. K. (Kern) AldHdirc. mcmher of Tech's first sricl team, is in Lubbock sanitarium for major surgery. Hi? condition is good and he. probably will be dismissed soon, attendants .•.aid last night. J. D. Calrtwrll. who was present when the first and also the last group of Lubbock county official:; were sworn in. is in Lubbnck sanitarium sanitarium .suffering from influenza. He was admitted February 13. His condition condition is described a.s "fair." A liuildinjt permit was issiu-d Tuesday at the office of D. A. Forbess. Forbess. city building inspector, to the Borden company, owner, nnri W. G. McMillan, contractor, to construe.! a brick and tile, building al 1020 Sixth street at an approximate cost of JS.OOO. .1. B. Morrissctt, Canyon, manage i- of the Texas- New Mexico Co., there and formerly of Lubbock, spent Tuehdny here attending a meeting of employes o( that company. Mr. Morn.ssctt was formerly secretary of the Lubbock Uons club, .1. H. Brock, assistant manager of the Lubbock chamber of comment. went to Floydada late yesterday to attend thn annual banquet of the Floydada Chamber of Commerce. Firemen antwcrod two calls shortly shortly before 5 o'clock Tuesday afternoon. afternoon. going from tho first fire to thr second when They were con- tai'teci by radio through H police car at. the scene. The first alarm resulted resulted from a car fire in 1900-block Ninth .street. Two and one-hnir minutes minutes later an oil stove explosion nt Hio Leslie Johnson residence at 314 Avenue G resulted in the radio call. Another call was answered at 7:03 when a drop cord fell in 1700-block street. Four complaints char sine sale of liquor were filed late Tuesday in county criminal court by Hugh An- dcr.son, (ts.si.st.ani. district attorney. The complninus, sworn to by B. H. Murphy, enforcement officer of the Mate liquor rontrol board, named four persons who had not been reported reported arrested late in the night. Sales line! been made to Mack Wilson and to B. B. Conajit, complaints .set out. Child Labor Law (Continued From Page Onei C'.irpeiiter htivinc resigned to bc- i omc! a member of the uncmploy- iiifiu compensiition commission. Other Kills Introduced Many more bills were introduced as the deadline neared after which introduction may be had only by lour-tillhs vole of the members. Commit lees ,'il.so continued work. A bill by Senator Joe Hill ot Henderson Henderson would denuiud the oil conservation conservation statute alons lines he un- .•iiiccessfully attempted last, week when cxten.Mon of proratlon was under roiiMfleration. Among otht-i provi. ions, venue of confiscntion Milts \vtnikl be placed in countir- •.vhci'i- oil onsin.'ii.ed, instead o< 'IY,ivi;'i cpun!.j'. tor Pierce had left the shooting .scone. The district attorney was aided in prosecution by his assistant, V:c- "i; 1 H. Lwi.-'.'.v. wi-.o will open ar- •;Ui)u % n!.'-, today [or the stale. The jury, sworn a: I:?.!) o'rlrvk Tuesday afternoon, i.s compo.-.rd f>. r I.,. K. Parks. J. C. Sanders. Henry (tutcrsloh, W. M. Waldrop. O. A. Fowler. H. B. Lovelace. Raymond Hit!. W. P. Connally, F. L. Jones, 8. C William',, G. \V. Fitchcit, and Lemuel

Clipped from
  1. Lubbock Morning Avalanche,
  2. 24 Feb 1937, Wed,
  3. Page 10

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  • amos trigg

    mjwatk – 27 Apr 2013

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