Clipped From Corsicana Daily Sun
TICKLE TRIAL old, nt ild 10 (Continued From Page One) stated that Cook spent a night with him ut his (Jones') fishing camp on thn creek last spring. He said after they had taken several drinks of whiskey, Nolle demonstrated demonstrated a pistol and told him (Jones) he (Cook) was going to kill Tickle on first sight. Jones said he (Jones) communicated the threat to Tickle. Jones said ho did not have any residence, but slept out when it was not col' 1 nnd In the courthouse basemc nnd other places during co._ weather. He said ho did not know whore Tickle resided. Tolbcrt Young, residing miles northeast of Falrflcld, Kr-- gtone county, tcstlflu* he was a frequent viHltor in C'orslcana and knew both Cook and Tickle. He related meeting Cook when a few days before the shooting and Cook borrowed a dollar for him, promising promising to repay It that afternoon. Young testified that Cook met him that afternoon us agreed but did not have the money. Cook, no said, offered to sell him (Young) an automatic .45 pistol and pay tho debt, which ho declined to do. Young related that Cook got in his (Young's) car and told of a purported transaction In wmcn ho (Cook) was taken out of a ceil by W. S. Knight (deceased.) then police chief of Corsicona, and the defendant, and was beaten with a rubber hose by Knight, He declared that Cook stated he (Cook) was going to kill Tickle for his part. Young testified that he attempted to dissuade Cook in his animosity against Tickle, telling him that Tickle was merely merely doing what the chief required, but mentioned Knight was dead and ho won going to kill Tickle. Young further testified that he wont to tho residence of Tickle a short time later and told him of the threats and conversation of Cook. Mr Young, while being cross- examined by Miller, said he lived at Steward's Mill. Ho said that Cook did not go Into detail concerning concerning the alleged boating administered administered to him by the officers, and also admitted that Cook or he (Young) did not suggest tho pawning of the pistol proffered for sale to secure the *1 owed ' Toll* of Meeting Cook. Aubrey Wylle admitted he had been to the penitentiary on three occasions. He said that In October, October, 1036, he was cooking in the hospital at the main prison In Huntsvllle and one of the Sunday* Sunday* while tha rodeo was In session, session, met Cook, a trusty, and dog- man at one of the farms, In the yard at the main prison. He said Cook was "doped up' and made threats against Tickle that he (Cook) would kill him when he (Cook) got out of the penlten- " tlary. Wylle said h* told Tickle of the threats after he (Wylle) returned from the penitentiary. Wyllo, during cross-examination Bald Cook did not soy anything against any other offlceh here except except Tlcklo. He said his meeting meeting with the defendant, probably in November, 1936, was accldent- * J. M. Westbrook, deputy sheriff for a number of years, said he had known Cook for several years and admitted under defense questioning questioning that he (Westbrook) con- Bidered Cook a "pretty bad boy' and also answered In the affirmative affirmative when questioned relative to whether In his opinion Cook was a typo likely to carry out threats made. The officer said that Cook did not make bond after his arrest on a burglary charge before hi* trial in the district court. He said Cook was arrested by Jim Sheets, city police, and was kept in the city jail two or three days after his arrest before he was transferred to the county jail. Westbrook testified he had known Catfish Jones for some time. He said Jones knew where Ruf Tlcklo resided and testified that he (Wcstbrook) saw Jones at Tickle's residence within the post few weeks. The case was scheduled to be resumed Wednesday afternoon at 1:30 o'clock. Tuegdny Afternoon Session. Tho state rested Its case Tuesday Tuesday afternoon and the defense presented one rebuttal witness. A number of witnesses paraded to the witness stand during the afternoon and testified Cook accused accused Tickle of being the mar, who shot him, but refused to tel' why. The highlights of testimony ad Buy a Useful Gift Scarf Sets uced during the afternoon was at given by M. T. Gonzaullas, ustln, former Texas ranger and ow head of the bureau of Intel- gence, etc., to the effect that tho illet or slug submitted was fired om the gun Introduced as beg beg the revolver surrendered to horlff Rtifus Pcvchouse by tho ofendant two days after Cook as shot In East Corslcana. Jim lieets, city policeman for 27 ars, testified that Tickle had Did him (Shoots) that when ook "hits the ground, I'll get m" after Tickle had lost his job » the police force. Dr. E. H. Newton testified that ! saw Cook's body at the P. nd S. Hospital Cook had been cad several minutes when Dr. ewton saw him, he stated. Dr. ewton said it was his opinion iat death was caused by gun- lot wounds, but declined to tes- fy as to the location of the ounds. M. E. Bandy, Omaha, Texas, mployce of the Cotton Belt rail>ad rail>ad company for 10 years, who orked the tower at the Intersec- on of the Cotton Belt and Bur- ngton and Rock Island Lines the ay of the shooting, testified that e heard two men talking near ic tower about 9:30 or 10 o'- ock on tho night of the. shoot- g, but could not tell what they ere talking about. He said he eard a muffled sound like a tor- ido or gun and then heard a lot. He said an authoritative olce demanded "Halt," followed a shot. The witness testified iat he heard one man screaming nd hollering "God, Help." He so said that the command Halt" was heard several times. Called Police. Bandy testified that he called ie police station and an ambu- nce after considerably dlfflcul- f In getting the connections irough Information. Bandy also eclared that tho two men Involv- d In the trouble circled the tower hlle the shooting was going on. he witness related that after he ad phoned the officers and am- ulance he went out on the land- g at the tower and later joined overal persons whore the wound wound nnd moaning man was located e declared that he did not sec nyone leave the site, but that c heard the victim tell others hat "Ruf of "Tough" shot him. Under further' questioning by ie states attorneys, the witness aid his headquarters were at yler at the time of tho shoot- ng and he worked the local iwer only one day. Defense Attorney J. C. Roe subjected subjected Bandy to a gruelling cross- xamlnatlon, but could not draw rom him an admission that he Bandy) wan half asleep at the me the shooting started. Bandy dmltted, however, that he was .ttlng, relaxed, thinking of things ille* away. He said he 'did not jok out of the tower while the hooting was In progress, did not ee the defendant and did not ear him run off after the shoot- ng. He had previously testl- led that two 100-watt llghto •ere burning at the tower. Gonzualla* On Stand. Gonzuallas testified he had been Texas Ranger for 14 years, serv- d In the U. S. Treasury depart- lent for four years, spent two ears as special Investigator In he district attorneys office of rregg county, two years a* a peclal Investigator for a big cor- oratlon In Texas, Oklahoma, Ar- anses and New Mexico, and for he past two years had been hold- ng his present post. He testified e had studied firearms, bullet*, tc., for 10 years and had spent Ime In the United States, South Vmerlca and Europe In that field. He went Into a detailed descrlp- on and explanation of the moth- ds, etc., of determining whether ullets submitted came out of cer- aln types of guns. He spoke f the various machines, etc., used 11 that work, and characteristics. f bullets, etc., from different ypes of firearms. Chief Gonzuallas said that a iullet and pistol submitted to him iad been delivered by R. A. Mo- Carter after he had Inspected markings, etc., he said he (Gon- uallas) had placed on them when e examined them. Gonzuallas said that the bullet ubmlited had been fired from he pistol Introduced. R, E. Baldauf, 618 East Eighth avenue, testified he heard two hots west of his house and then heard four or five, more. He aid he heard shouting of "help' Bauldauf said he had just retired nit jumped Into his shoe* and rousers and went to the scene 01 he disturbance and trouble. He aid Cook stated Ruf Tickle shot ilm but refused to tell why when questioned. He said there were everal men present when he arrived. arrived. He said he did not see he defendant. Baldauf aald It seemed the shots he heard were all fired from the same gun. Under cross-examln atlon by Defense Attorney Roe Baldauf declared he (Baldauf) had served In the army and had worked on guns. He testified that different guns have different reports reports when fired. City Officer Tntilc*. C. A. Patterson, city police, testified testified he answered a call shortly after 10 o'clock and several people people were present when he arrived at the place of the trouble. He testified that Cook named "Ruf" as his assailant, Patterson aided In the carrying of Cook to the hospital where he died within a few minutes, Patterson said he did not find any weapons on Cook's person at the hospital or at the scene of the shooting. Patterson Patterson said he did not see the defendant defendant that night. Under cross-examination, Patterson Patterson said he had never known Cook to work and that he had been a "jail-bird" for a longtime. longtime. Jim Sheets, city police, testified testified Tickle came to his (Sheets) house and talked to him about Nolle Cook shortly after Tickle had been relieved of his duties In the police department. Sheets testified that Tickle asked him (Sheets) If h« saw anyone elso when Cook was arrested robbing the safe at the Firestone company by Sheets. Sheets sold he told Tickle that he (Sheets) did not see anyone else there but kept his eyes on Cook until after no arrested him. Sheets quoted Tickle as saying he (Tickle) had lost his job. Tell* of Threat I The veteran officer quoted Tic-. kle as saying that when Nollo : hits the ground, I'll get him." On cross-examination, Sheets aid he had told several on tho orce about Tickle's conversation with him, Including Patterson ind Seaton, Cleo G. Mlllor, crlm- nol district attorney, and the jrand jury. He said, however, he tnew nothing of Ihe killing. Ed Sutherland testified ho ro- Ided near the scene of the shoot- ng and heard five shots shortly after 9 o'clock. He said he was he first person to arrive and Cook asked him to get an ambu- ance. He said Nolle told him Tickle shot him but refused to ell him the reason. Under cross- examination, Sutherland said the five shots were fired about .as fast as a man could shoot a revolver. He said he heard two shoto while ie was In his residence and three after he had run to Is back yard. He denied that Nolle Cook had .hreatencd the life of Tickle. Ellis V. Coldwell, employee of .he Corley Funeral Home, who prepared Cook's body for burial, laid there were five wounds, ap- >arently pistol wounds, in the lOdy and head.. He said he recovered recovered one slug and turned it over to either the sheriff or a ilghway patrolman. He said there were three wounds In the lower back, one In the right Bide and one behind the left ear. Caldwell Mid not recall noticing any powder burns. Criminal District Attorney Cleo Miller Introluced the pistol and slug In evidence and announced :hat the state rested Its case at 4:46 p. m. First Defense Witness. The first witness presented by the defense was L. • E. Dugger, employee at the Wodley Cafe, who was used In rebuttal testimony against that given by Ed Suther Dugger testified that Sutherland had »ald last night at the Wadley Cafe that he (Sutherland) had heard Nolle Cook threaten the life of Tickle "more than once. During cross-examination, Dugger Dugger said he heard Sutherland testify testify Tuesday and he (Dugger) told Jake Nutt, former officer, at noon Tifesday of what Sutherland had said Monday night, but denied telling the defendant. Dugger hud been summoned a* a defense witness witness before the Incident about which he testified Is alleged to have occurred, it was brought out In the examination. The courtroom and galleries were again packed with Interested spectators Tuesday afternoon. .A number were required to stand al the rear of the courtroom due to a dearth of seats. Card of Thank*. We wish to express our deep apl preclatlon to all that came during during our groat sorrow and minister ed. to us with trays and flowers and kind words of sympathy. Anc we express gratitude to the many who attended the funeral of our loved one, J. Y. Stewart. May God reward each of you with the richest of blessings. MRS. J. Y. STEWART AND RELATIVES. RELATIVES. Newsom Beauty Shop WANTED—Due to Increased bu*l ness we require the services o one or two more operators ai once. Experienced all-round oper- ntr* with following preferred.— 110 West Collln. Fhone 10T.