TRIAL OF JACK M'DADE
TESTIMONY CORROBORATIVE OF THAT PREVIOUSLY GIVEN.
Particulars of the Shooting and Positions of the Feudists — Evidence of a System of Arbitration Between Factions — General Crime News.
HOUSTON, Tex., February 16 — The McDade murder trial was resumed in the criminal court this morning at the appointed time. Attorneys Hanney and Hutcheson conducting the case for the state and defense, respectively. The court-room was crowded.
The witnesses for the state were George Burton, Tite Johnson, C. C. Pye, E. H. Jones, E. Crow and J. L. Parks.
Their testimony was mainly corroborative of the testimony of others who had preceded them. It was mostly giving particulars of the shooting and the positions of the parties at the time, and also revealing some circumstances that transpired at different times and places previous to the shooting. In places it seemed very strong, but again revealed discrepancies.
Just after the last witness the attorneys for the state held a consultation and decided that upon the introduction of one important point they would close the testimony for the state.
A recess of ten minutes was given, after the expiration of which the matter was put in testimony, and the court took a recess till 2:30 o'clock for dinner.
Upon the reconvening of court Captain J. C. Hutcheson, before beginning the evidence for the defense, got up and stated to the jury the points that they expected to establish in behalf of his client, one of the chief ones being threats that had been made by Allchin to kill those who killed him.
The first witness on the stand for the defense was James Felker. After reciting various incidents connected with the killing and sighting conversations held with Allchin, he told of his conversations in particular with Allchin, and witness further related how he had acted as and intermediary party in the matter of a peaceful settlement with any of the McDades with whom he may have a difficulty. Allchin had promised witness not to carry his winchester while traveling on foot through Hempstead. He was not to carry the weapon except when he was either on horseback or in a buggy. The inception of this difficulty was attributed to a letter supposed to be from Allchin to one Chambers. I doubted that he was the author of that letter and asked him if he was, and he gave an equivocal answer, or, in other words, implied that he knew something about its authorship. At the time Allchin was killed I noticed him in company with several men. One was a man named Davidson, and both men had winchesters. There was also another man in Allchin's company that I noticed named Floyd, also another named Clark. I believe the inception of the difficulty was Chambers letter. At my request Allchin promised me he wold discontinue his travels with Davidson.
For the state: I was in the general mercantile and grocery business at the time of the killing. My negotiations in the peace-making business were with Captain McDade, who guaranteed peace on the part of Jack, Tommy and Dick Springfield. It was further agreed that if any threats were made by either party and they would be reported to me I would report the same to either party. In speaking to me of threats of intimations of a fight that he had claimed to receive Mr. Allchin remarked that his understanding of the contract or agreement was that he could carry his winchester when he was either in a buggy or on horseback. I told him that his understanding was correct. He said he understood that a plan was being fixed by Jack McDade and Dick Springfield to kill him. I told him he was a fool and he replied that he had got it too straight, and that while he had confidence in me he had none in them (meaning McDade and Springfield). At that time Allchin was engaged in the wood business. He had several drivers and, I think, kept a commissary department. Neither Captain McDade nor any of the McDades ever reported any threats as having been made by Mr. Allchin. Subsequently Captain McDade told me that if Allchin appeared on the streets with his winchester the compact would be broken, or, rather, not hold good. I had never told him he could carry his winchester across his legs. I never heard of any of the McDade party making any threats toward Allchin.
Question by a juror: "Would you consider Mr. Allchin's carrying of his winchester outside of his scabbard while on horseback a violation of his contract?"
"Yes, I would."
In subsequent examination witness said that Mr. Allchin's carrying his rifle in a scabbard was not in conformity with that gentleman's general habit. Captain Allchin's reputation as an expert marksman with a winchester was quite good.
The examination of the witness was continued for some time, the testimony frequently being interspersed with sparring for legal points by the respective counsel.
He was followed by Phil ?Duer?, who was justice of the peace at the time. He did not witness the killing, but found the winchester that Allchin had when killed. He got it not immediately but shortly after the killing. He saw two cartridges in the gun when he got it, one that seemed partly thrown from the barrel with the impressing of the hammer on it as if it had been snapped upon, the other still in the barrel and the guard of the trigger pulled open. He also testified at length covering the agreement between the two factions, McDade's and Allchin's, on the subject of how and under what circumstances guns could be carried, one of the principal restrictions being not to carry it walking along the streets, except to take if from a house or buggy into a house or the reverse.
It was also stated that efforts had been made by some of the witnesses to get Allchin to put up his winchester on one occasion when he had it in the town of Hempstead carrying it on the sidewalk, on which occasion he admitted that he was probably wrong in doing it.
The testimony of A. G. Lipscomb was chiefly concerning the place, agreement between the two factions, and the subsequent violation of it by Allchin who was considered a bad man.
R.R. McDade also testified concerning the place, compact and subsequent threats, and the method resorted to by means of peacemakers to keep down a collision.
It was shown that each side had a peacemaker or commissioner to confer with their friends whenever any threats were made or heard of as coming from the other side, and to convey it to the opposition and find out the truth in shape of a denial or affirmation.
R. R. McDade was a relative of the prisoner and was the last witness on the stand. After his testimony Judge Cleveland adjourned the court to Monday morning, when it will again be resumed.
Many of the witnesses returned to their homes in Waller county to be here Monday morning.
The trial will hardly be concluded before the major portion of next week has been numbered with the past.
"TRIAL OF JACK M'DADE", Galveston Daily News, Sunday, February 17, 1889, p. 1, col. 6 to p. 2, col. 1.