Abilene Daily Reporter (Abilene, Tex.), Vol. 13, No. 208, Ed. 1 Friday, April 2, 1909 Page: 2 of 10
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i'MJE TWO
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TMX ABILENE DAILY RKrOKfe. IJUDAY Al'KIL 2 1W.
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BURNETT CALMLY TELLS
OF
HUB
Attorneys Sprung Surprise on
Entire Audience Early Last
Night Calling for Defend-
' ant to Take the Wit
ness
The thousand men women and chil-
dren who attended lust night's .pro-
ceedings In the cuse of Tom Barnott
charged with tho murder of Alex
Seara saw the reddcbt letter session
of all the red letter days In the his-
tory of Taylor County's Judiclaiy. The
defendant Tom I3arnett that unmoved
watchful man about whom the present
qaso revolves whoso gllcjicm Jiaq been
that of a Snhyux at last opened hl
lips!
Swear the defendant1' remarked
counsol Hardwlcko for the defense
calmly crossing his legs.
Tho remark was enough to send the
Immense audience Into a tremor of etf-
Cltmement. Men forgot their gal-
lantry and pushed and surged forward
In an effort to catch a hetter view of
the defendant. Ladles fqrsook tholr
cloak of timidity and stood up In their
Beats and craned their necks In an
agony of eager anticipation. As for
the defendant he took his seat on the
witness stand after holng duly sworn
AvJth the utmost unconcern. To the
solemn oath administered him hy the
court Barnett replied briefly and with
out hesitation "I will!"
Barnett's examination hy the de-
fense lawyers occupied practically all
of last night's session. Ho was preced-
ed by W. X Cunningham S P. Hard-
wire and A. S. Hurdwlcke. all at-
torneys for the defense who testified
merely as to the possession of certain
bills of sale the character they found
them in and that In which they let
certain of them go.
W. J Cunningham the first; witness
testified that he got the book in which
was contained bills of sale about Feb-
nary 4 from J. L. McDavId to whom
it had been given by Dr. Barnett a
borther qf thp defendant. It did not
undergo any change while it was in
lils possession. He later delivered It
to Mr. .Hardwlcke.
S. P. Hardwlcke was sworn and cor-
roborated Mr. Cunntnghunt's testimo-
ny about the latter turning over" the
Look to him (Hardwlcke). He told by
what persqns they were viewed; also
of surrendering certain portions of
the book to George Barnett and Mr.
Epperson
A. S. Hardwicke's testimony was
merely to thp effect of substantiating
that of his brother. Folowlng younger
Mr Hardwicke's testimony utorneys
on both sides of the case showed a
tendency to take things easy consult-
ing among themselves Tor several min-
utes. "Yo(i are getting along very slowly
gentlemen" remarked the court With
some asperity ".jour extra rest has
apparently failed to do you good."
Barnett (Joes on Stand
Counsels for defense were rather
slow to break up their caucus. Amid
the restless shuffling of two thousand
fqet which In unison sounded not
wholly unlike the rattling reportB of
Ed.
HUGHES-CO
FOR
Refrigerators
W
. -mf
I t
W
SEARS
Stand.
a gntljng gun the attorneys bent their
scholarly beads together.
"Swear tho defendant" volunteered
S. P. Hardwlcke.
Barnett boro himself with the nt-
most Indifference To tho first query
from counsel for tho defense relative
to his age ho stated in a rather low
pitched voice that he was foty five.
"Yon are tho defendant in this case?"
was the ijext question
"1 am"
"HOW long have you lived here?''
"Since September 1 190$"
"You came from Clyde?"
"I did."
"In what business are you engag-
ed?" "Butchering."
"Asociated with whom?"
"My brother George Barnett and W.
H. Epperson."
The witness stated at this juncturo
that Epperson had bought out W. H.
Monk last Christmas.
Q. What part did you have In the
way of transacting business for this
firm?
A. I did the buying.
Q. What did Monk do?
A. He helped with the butchering.
Q. What about George your broth
er?
A. He helped with the deliveries
and helped me. .
Q. What of Epperson?
A. Well he tok Monk's place.
Q Ate you a butcher?
A. No sir.
Q. Is George?
"A. No sir.
Q How long have jou known Alex
Sears?
A. Since November first.
Q. Did you ever have any business
dealings with him?
A. Of what nature?
A I bought stuff from him cattle
and hogs.
Q. How Is the firm styled?
A. In George's name.
On nod CI) do Property
"Do you or did you. 'Mr- Barnett
own property near Clyde?"
"I did; eighty acres or land bought
from T. H. Hampton."
"Did you have a title to some Abi
lene property? If so describe the
same."
"A dwelling and nine lots In the
west part of Abilene In what is known
as Pecan Addition (Pecan Park) It
is west of Catclaw."
The wltnesB topic a paper and Indi-
cated the position of his house with
referoneo to the crepk. While he was
so engaged Intense stillness rolgned
In the courtroom. It was an isolated
paso in which the Judge was not rorc-
ed to call order.
Q. Where did you get this property?
A. Prom T. It. Ithodes.
Q. What was the extent of your
business dealings with Alex Sears
prior to January 1 In the way of cat-
S.
tlo purchased from him?
A. Tho first tlmo I saw Mr. Sears
ho !nmu1to town nnil loft word Tor mo
at tho meat market Mint ho wtinted to
sell Bomo stuff to mo. I went to see
Scarn about tho last of October or
the first of November nnd bought
twenty seven head Of cattle fro inlilm
Two calves were tin own In later hut
t did not bring them hack that trip. 1
bought emtio at various Interval from
Sears; bought hogs over the phone
shipping them down the next day
something near Bovctlty That was tho
last of October or flrat of November I
also bought one more bunch of 'cattle
about December 1.
Q. Mr "Bnrnott there has hoeit a
bill of snlo introduced here from A. 0.
Sears to George Barnott citing n con-
sideration of $8100 paid conveying
to Goorgo Barnott certain cows calves
nnd a horse. Will you tell the jury all
you know of tho hill of salo mentioned
alt if any of the facts relating to It
beginning nt tho beginning and tip to
tho Signing of tho bill of sale by A. C.
Sears?
A. I do not remember tho exact
date. Sears came to Abllehe In a bug
gy. We met and had a talk drovo to
tho Slaughter pon then to Hawley
looked at more cattle then to ins
ranch.
Hero members of tho jury complain-
ed thnt they could ilot hear tho wit-
ness who Was requested to speak loud-
er. The court asked the crowd to keep
their feet quiet.
Didn't Trade That Tlmo
"WO didn't trade that time" con
tinued the witness "but mt again
nbout the 28th or 20th ana went to his
place near Hodges."
"When did you first mention tho
property?"-
"Tho first time was in November i
met Sears ln town. Ho wanted to go
to the oil mill and see a negro ahd we
went. We rode to the stockpen nnd
then to my place rode around it and
then camo back to town. He said he
might give me a trade later."
"What price did you oner nimr
"Seventy-five dollars per acre for
the Clyde land and $0000 for the
placo In Abilene."
Hero the state objected on tne
ground of Irrelevancy ahd lmmateral-
ity and tho court sustained.
"Mr. Deputy keep that door at the
back either shut or open.- naively ad
vised His Honor; and then at the
laugh which 'tyent up added "so it
won't creak."
Q. When did you and Sears come to
ah understanding?
A. About the last of December i
was at his place. Sears made me a
proposition that day. He put me up
300 cows 100 hogs and a horse; pric-
ed his cows at $2250 calves at $10
hogB at $700 for the lot and horse al
$150. When I left I bait not tuny de-
cided to accept. The next evenihg
I called him up at about eight to ac
cept the. proposition. Claude answer-
ed tho call. I told him of the incum-
brances on the jdaces. I talked with
Alex the next day.
Terms of Agrreinoiit.
The witness was Riven imper and.
nencil and figured out for the benefit
of the jury just what entered into the
trade. Accotdlng to his testimony
Seats 120 cows with the Lazy S. brand
worevwortb $22.50 making $2700! 180
cows In various brands wotth the
same' price making $4050; 50 calves
at $10 making $500; 100 hogS worth
$700; and one horse worth ?16l; or a
grand total of $8100 which Sears put
up. Sears for his share was to get
Barnett's Abilene property valued at
$G000 less $4700 against It; Clyde
property worth $C000 lqss $1200 in two
Vendors notes making $7100 This
with a thousand cash was what
Barnett put up.
"I gave him a check for a thousand
dollars" testified the witness (shown
the check and identifies) dated Jan.
7 on the Cltizena National bank tiame
of George Barnett signed which was
turned down. After the bank turned
It down I wrote a letter to Seats in
reference to the non-payment of the
check."
Counsel for defense then read the
lotter to the jury from Barnett to
Seats which follows substantially:
"I could not got you over phono.
Tho bank is causing us a lot of trou
ble but we will straighton thorn but
to mot row. Don't worry nbout yqur
money. You will get It in full lit tho
next one or two days"
"Did ho ever got his money?" asked
counsel for defense.
"Yes sir but I do not renicmber
the date. The check was on the First
Stato Bank and Trust Company."
Counsel for dofpnso rend tho second
check payable to A. C. Soars In tho
sum of $1000 signed by tho Dim of
Georgo Barnott and endorsed by Sears
Q Did Sears deliver tho hogs and
horses?
A. He did sent thorn bote fo Gaits'
wagon yard on the night of January 9
1 got 44 1-2 head tho way It canto out.
Saw ScnrN lit Abilene.
"When did you see Seats again?"
"On tho night of January 20. Ho
wired mo front Fort Worth to tneot
him nt tho train (message produced)
which I did. Ho spent the night with
niei That was Friday. Ho went off
the noxt morning on tho C;00 o'clock
Abilene & Northortt."
Next tho witness stated as to notes
on tho Clydo pioporty stating ho
found ono In the possession of Henry
Sayles taking It up.
Mate (ihcH a Howl.
Attornoy Hardwlcke for- defonso at
this Juncture wished on adjournment
stating ho was not through with tho
witness and would not bo for somo
tlmo but tho court Bald ho would not
adjourn until 10 -30.
Tho witness next told of his visit to
tho Soars ranch lie said nothing oc-
curred of importance. '
Q You heard the testimony o!
Clydo Sears when ho statod you eamo
to hlB room that ho called Alox in and
you and Alox had a talk?
A. I did.
Q. Did you and Soars have a con-
versation? A. We did not.
Q. Tho next morning by tho fence j
did you havp any conversation with
Sears as testified by Hatch in which j
no Bam "i don't mind lotting you have
the cattle but I want to know where
Banking
A HANK OF JJASTEU FLOWEilS
may BUggest lo you a bank of Growing
Golden Dollars
lVK SOLICIT YOUJt ACCOUNT
for our bank If you Intend opening
ono requlro additional banking facil-
ities or to deposit trust moneys. La-
dies' accounts given careful attention.
1YE OFFEU
no extraordinary Inducements but do
strive to Bfirvo and pleaso every depos-
itor to tho best of our ability.
BANK 1TWII US
WE ARE DEPOSITORY FOR THE
UNITED STATES AND THE PEOPLE
OF TAYLOR AND JONES COUNTIES
Commercial
National Bank
ABILENE TEXAS
my money is coming from?"
A. No sir.
"Sears said he would be In Abilene
about Monday pr Tuesday" continued
the witness "but didn't state how lio
would come. He did not live on the
line of the Abllehe & Northern and I
did not expect him on the train.
Q. Did yop ever get a lotter front
3110 Johnson of Fort Worth?
A. I did after J met him at 'Fort
Wotth. Johnson asked mo what I
would take for my cattle and I said
$22 a round. He said that was too
much for that grade of BtUff. His let-
ter was dated January 27 I don't
know where it Is now. The last time
I had it was In my pocket when I was
arrested.
Went to Cisco Monday.
Q. Where were you on Monday
Febrttaiy 1?
A. 'Part of the day I was here and
patt at Cisco. I let here on tho
10:25 eastbound train Monday morn-
ing for Cisco to see about getting
feed fof my stock. Had intended go-
ing to Clyde but changed my mind. I
returned home that day on the first
westboiind train nnd went to the
slaughter pen."
At this juncture counsel for de-
fense had a consultation With the
court after which the latter gave the
prisoner into tho custody of the sher-
iff and adjourned until Friday at
eight thirty.
i
Stse for a "Uiccat Via TJha
From'FORT WORTH
Double Dally Service to
KANSAS CITY WICHITA
TOPEKA QMAIIA LINCOLN
ST. PAUL DES MOINES
Finest Equipment Best
Accomodations
THROUGH SLEEPER TO
CHICAGO DAILY
Write PHIL A. AUER
G. P. A. C. R. I. &G
Port Worth
Dr. A. D. Hamilton
Dentist "
Office over Eugene Wood .& Co
Pine Street
ty e beg to call your at-
tention to the superior
line of Toilet articles.
Tooth Brushes Hair
Brushes etc. that we
now have in stock. An
inspection of om line
will convince ijou
R. B. COMPTON
U0 Pine St
ii
TORNADOES
TORNADOES
TORNADOES
4
Insure atrainsfc them. Tornado Insurance is iust
I
as essential as Fire Insurance but much cheaper I
m .
iMOTZ & CURTIS
5 REPRESENT THE STRONGEST COMPANIES
IN THE WORLD
THE
Farmers & Merchants
National Bank
Abilene
Capital Surplus and
Strong enough to take proper care of all de-
sirable business offeredj.it.
r
Conservative enough to afford its deposit-
ors .absolute safety.
Appreciative enough to give" the business
of its small customers efficient attention.
DIRECTORS
ED. S. HUGHES
F. W. JAMES
K. K. LEGETT.
j2J?'.
' ' ' " ..-" - . Hi ... ..
Wm. REEVES J. O. SHKLTON
President Vice Pres.
STRENGTH
Promptness and Attention to Details Are Offered You
-BY-
FIRST STATE BANK & TRUST CO.
ABILENE TEXAS
ttiiMtiitJ
I DEPENDABLE
Dependable Food products are those that have stood the test
of practical experience. In this respect the groceries we sell
are above the breath of suspicion No brand that is ntnll
questionable in quality can find a place in our store. Patrons
favoring "s with their orders can depend on us absolutely
for furnishing the best in quality the best in flavor and the
t
Y
Y
Y
best in mttnttotti WE AKU
will oonvince you
Roberts Phone 3-4.3
I: Chandlei HiJII Grocery Co.
HS4
IMM1NMHHMI
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Texas
Profits $160000.00
IIENRY JAMES
If. W. GORSUCII.
WILL P. SUDDATH
Cashier
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THE LEADERS and a trial
Southwestern Phone 3
P PRODUCTS I
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Abilene Daily Reporter (Abilene, Tex.), Vol. 13, No. 208, Ed. 1 Friday, April 2, 1909, newspaper, April 2, 1909; Abilene, Texas. (https://texashistory.unt.edu/ark:/67531/metapth315539/m1/2/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Public Library.