Sherman, Tex., Nov 28 -- The
case of the state of Texas vs Dick EDWARDS,
charged with the murder of Mrs. Hattie HAYNES, was resumed in the district court at 8:30 o'clock this morning.
Mrs. Tom SPEARS
testified: "Have seen letters from Dick EDWARDS
to my husband off and on ever since we have been married; had heard of
him before we got to Denison; had understood that he and my husband were
school mates. Never have heard the name of the man who went to Colberts
with us."
Mrs. May EDWARDS
testified: "Am the wife of defendant; was married Feb. 9, 1891,
at Farmington, Utah). I came to Texas
in October 1891. Did not see my husband until June 6 1892; he left again
on June 12; saw him last at Colberts; never saw him again until he was
brought back from Wisconsin. I had never seen any of the SPEARS family
before; my people all live in Utah; they are not friendly to Dick
EDWARDS and opposed my marriage to him. To my knowledge he was not
in Denison prior to June 1892. I know where defendant was May 17; got letter
from him at Houston, but don't keep my letters. Both Mr.
Tom SPEARS and myself got letters from him after he left Denison.
I think the man who was there with Dick was named Billie. I first met
him in Denison (Mr. EDWARDS was in the saloon
business at Farmington, Utah). Saw the stranger the day we went to Colberts.
I think, to the best of my recollection, I was introduced to him as Billie
CLARK."
The Testimony of Henry HACKNEY, as adduced
and taken before the habeas corpus hearing, was read before the jury.
Sheriff HUGHES
testified: "Never examined defendant's left boot; Dr.
McDERMOT's Discription [sic] of Ed SPEARS
caused
me to make the examination of the right boot." (Described the scar he had
found).
The state here suggested that the defendant
could offer the best evidence on the scar. The defense objected and took
an exception to the remark of the state's councel [sic].
The defendant here pulled off his boot
and stocking and sat down in front of the jury. The jury made a careful
examination and what they found they know.
The witness returned; "I learned of
the scar through McDERMOT's letter giving description of Ed
SPEARS."
The defense stated that they had but
two more witnesses, Mrs. SPEARS, mother of Ed SPEARS,
and Harry DEE, to put on the stand.
The Sheriff announced no word had been
received of the attachment telegraphed to Bell county for DEE,
and Mrs. SPEARS is old and feeble and could not come on the early
train.
The defense in answer to the request
of S. B. COX to be allowed to go to Paris
announced that they did not intend to put Tom SPEARS on the stand and Mr.
COX was allowed to go.
The court then held that the state could
proceed with its rebuttal testimony and that he would allow the defense
to introduce the two witnesses named by them as soon as they arrived. To
this the state agreed and the court announced a recess of twenty minutes,
which the counsel used for consultation.
The state resumed with the introduction
of Clarence SPEARS who said in substance:
"My mother was at home when Dick EDWARDS came
to Denison; I got there a little afterward, a little after 6 o'clock; I
can't call the name of the other man; he stayed at my house part of the
time; he ate some there, don't remember the times; don't think he ever
slept there; saw the other many at Tom SPEARS'
but not the day they left; that morning at 8 o'clock I saw Dick
EDWARDS, who introduced me to the other man; never thought of the
name after I was introduced; never knew defendant in Missouri; he was a
stranger to me; I know Bob JONES; was in his
restaurant in Sherman a short while after the habeas corpus hearing; told
him I was going down to the jail to see my cousin, who was in jail for
the murder of Mrs. HAYNES; did this because
the people had been calling him my brother, my cousin, uncle, etc; this
other man was a small man with dark hair and blue or gray eyes; had a round,
full face with a medium dark mustache; he would weigh more the day he
came with Dick; don't know that I remember Dick or anybody call this man
by any name; don't remember of telling A. R. WILLIAMS
that
Mrs.
Dick EDWARDS was my cousin; don't know what size shoe Tom SPEARS
wears; I wear a six and a half; these I have on are sevens; Mrs.
May EDWARDS got to Denison in October 1891; can't tell the date.
Bob JONES
testified:
"Run a restaurant in Court Plaza, Sherman; know Clarence
SPEARS; had a conversation with him about his going to see the defendant
at the jail; he told me he was going to the jail to see a cousin of his
they were trying to implicate in the HAYNES murder case; I first told this
last night; I was subpenaed [sic] in fifteen minutes."
Sheriff HUGHES
testified: "Mrs. Annie EDWARDS did
not pick out any of the jail officals as Dick EDWARDS.
I was there when Mrs. WILLIAMS came to the jail; the first thing she did
she asked EDWARDS to stand up; she said while she could not positively
identify him, that there was a striking resemblance; the defndant [sic]
was not in any way pointed out to her; I know Joe
PARROTT; I never heard his initials if he has any; Young
WOOLSEY came with Mrs. WILLIAMS."
E. REGINSBERGER
testified:
"Lived in Denison for over eight years; was in Denison the night of the
murders; lived next door to the HAWLEYS; was there the night of the killing
of Miss Teen; saw a man shoot twice into the
house by the light from the window; I have seen the defendant standing
up; he compares well with the man I saw shoot into the window; it was night
and I could not recognize him clearly, but the man who shot had on a slouch
hat and dark clothes; I had been asleep; was awakened by cries of distress
and looked out of my bed room window; could see what it was from there
and went into the parlor; while looking saw a man coming toward the north
window of HAWLEY House; when he got to the window saw him raise his arm,
saw a flash and heard a shot; he was standing in the light of the window;
was about twenty-five feet away; after he fired the first shot, he went
off to the other window and fired again; this is the first time I ever
testified; the man I saw was a white man; his mustache looked dark; think
the killing occurred between 3 and 4 o'clock in the morning; think the
man had the pistol in his right hand; was looking through the glass; there
was no light in the room I was looking out of."
A. R. WILLIAMS
testified: "I can only place having seen Dick EDWARDS about twice
in Denison; did not see any other many; It was not far from the 20th of
May when I saw EDWARDS.
The state closed and the defense called
Joe JEWETT back; He testified "The first time
I knew defendant's name was two or three days after the killing; I had
seen him for the prior eight days."
Mrs. Missouri A.
SPEARS testified: "I have not been able to come before; I was sick;
Tom SPEARS is my son; I had a son named Ed.
It has been about eleven years since I saw him; I was living in Denison
in the fall of 1891, and also in 1892; have known Mrs.
Dick EDWARDS since October 1891; she lived with me and my son;
she has lived at Tom's; from October, 1891 until now she has lived either
with myself or Tom; had not seen defendant since June 1892, until I saw
him in prison; saw him the first time in Denison June 6, 1892; he was at
my house several times; lived about two blocks from Tom's house; he left
Denison on Sunday June 12; the first time I saw him it was about 5 p.m;
have seen him in prison; this is not my son, Ed SPEARS; I don't know where
Ed is; the last time I heard of Ed he was in Northern Missouri; I don't
remember the day of the month I went to Whitewright from which place I
returned home on June 6; my son wrote me on June 4 to come home by June
6; Mrs. EDWARDS came to Denison some time in first days of October 1891;
don't remember the date exactly; I had never seen Mrs.
Dick EDWARDS before she came to my house; I saw a man with Dick
EDWARDS whose name I can't remember; this man did not stay at my
house; he ate one or two meals at my house; never saw this man until he
came with Dick EDWARDS to my house; can't remember what EDWARDS called
him; saw him once at Tom SPEARS'; I told Dick
good-bye at my own house; he said he was going away and the balance was
going as far as Red river; Mrs. EDWARDS is living at my house now;
Dick EDWARDS and his wife are no relations of mine; I knew Dick
EDWARDS when he was a small boy at school; he was a friend of my son, Tom;
It has been about nineteen or twenty years since I had seen him; Ed
SPEARS was 16 or 17 years old the last time I saw him; I first saw
Dick
EDWARDS in Boone Co., MO; he was going to school at Science Hill
academy; I lived there between three and five years; Dick and Tom were
about the same age and were school boys together; Dick visited Tom one
Christmas; Tom is, I think, about 34 years old; Clarence
SPEARS has always lived with me; he was a baby in Missouri; he is
22 years old; Henry is older than Tom and Tom is older than Ed; I don't
remember that my husband had any folks in Missouri; I always understood
EDWARDS was an orphan boy."
Joe HALIE
testified:
"Live in Fannin county; Ravenna is my postoffice; lived there for fifteen
years. I knew Ed SPEARS in that county about
ten years ago. He came to my house and hired me to go with him to Arkansas
with some cattle; he went with me. I saw the defendant once before today;
it was in jail. I thought I had found Ed SPEARS.
To the best of my knowledge and recollection the defendant is Ed
SPEARS. The jailer was with me when I saw the defendant. The officer
with me did not by word or sign indicate who EDWARDS was."
A deposition was read in which a witness
in West Superior, Wis., says he saw defendant continuously from the middle
of September 1892 until the time of his arrest.
The state closed and State's
Attorney
MAXEY began his argument. He was followed by Mr. CULVER for the
defense. Mr. STANDIFER for the state will follow Mr.
CULVER. Messrs. J. D WOODS and C. H. SMITH will respectively close
for the defense and state
Grayson County TXGenWeb
