TRIAL OF JACK M'DADE

EXAMINATION OF WITNESSES ABOUT CLOSED — ARGUMENT PENDING.

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HOUSTON, Tex., February 18. — It was a few minutes after 10 o'clock this morning when the criminal district court, Judge Cleveland presiding, was convened and the testimony for the defense in the McDade murder case resumed.  As on previous days, the court-room was crowded to its utmost.  After everything was in readiness Captain Hutcheson, one of the defendant's lawyers, read the following letter from Sheriff R. Simonton of Montgomery, dated May 15: "Look out for and arrest a man by name of Bynum, who committed a murder in this county on the 12th.  He has a dark complexion, black mustache, weight about 140 pounds, wears about No. 7 shoe, eyes a little sore.  If you come across him be very cautious.   R. D. SIMONTON."

Claude Laurain being sworn said: I was deputy sheriff at the time of the shooting.  Yes, sir, that is the letter of Sheriff Simonton.  I came down from Austin on the day of the shooting at Hempstead, Springfield gave or showed me the letter.  I came to Hempstead that morning and went home and got breakfast.  I went down to Haveman's corner and saw a man leaning against the corner post.  He answered the description in the letter and I told Springfield so.  I then went to the depot and a negro porter told me of the shooting.  I went to George Burton's my wife's father, for breakfast.  It was between 10 and 10:30 o'clock that the shooting occurred.  The Haveman corner, next to Fritz Zeisner's saloon, is meant.

Cross-examination: I staid at the passenger depot till 8 o'clock.  The distance to the jail was 300 yards.  I went there and from there to Mr. Burton's.  I remained there some time, took a nap, then came to Haveman's and there saw the stranger.  I never saw him before.  He was a stranger to me.  From that time it was about ten minutes till I saw Dick Springfield at Ingram's corner.  I don't know that any one else was present.  Yes, there were many strangers present, passing through on account of the Austin drill.  It was a common thing to see strangers there at that time.  I never saw the man before nor since.  Don't know that I would know him now.  He was dark complexioned, dark mustache and hair.  Didn't notice his eyes.  I simply saw a dark complexioned man answering the description.  Neither rough or genteel looking.  Between the two.  I went home first.  Was living at Mr. Felker's.  I passed close to him.  We were both on the sidewalk.  He was on foot.  I did not stop, but passed on.

Mr. Willis testified that he heard Allchin threaten Springfield's life, but not communicate to anyone until after the death of Allchin.

Mr. Wood testified that Captain T. S. McDade bore a reputation as a peaceable and law abiding citizen in the community.  He knew Jack McDade and never heard anything against him.  He had heard Allchin and some other persons practicing with winchesters about three weeks before the killing.  Saw Allchin a day or so before he was killed, and he had his winchester with him.  It was unusual for persons to practice with winchesters in the country.  Allchin was considered a quiet, peacable citizen.  He had the reputation of being a very brave man.  From his own knowledge he knew nothing about the contract between Allchin and McDade.

M. A. Cuney said Jack McDade's gun was a hammerless shotgun.

D. Floyd testified that he stopped from Friday until Tuesday at Allchin's house.  Allchin asked him to stay as he expected a difficulty.  Frank Davidson and several others were at Allchin's house.  Allchin had arranged with his friends to bring about a difficulty on Saturday.  Davidson was to go with Allchin.  Davidson was to go to the lower end of the county after Jack Quillan and bring him to Hempstead.  Allchin told witness to come to town, that he thought the difficulty with the McDades would be settled, and that he wanted it settled without trouble if possible, but that he thought either he or Jack McDade would bit the dust.  Allchin told witness of threats that the McDades had made against Allchin.  If he had stated on preliminary examination that Allchin had told him that Davidson was to begin the difficulty by running through the streets of Hempstead yelling "Hurrah for Allchin," he would state it again.  He did not go to Hempstead on Saturday on account of business.  Allchin asked him to come and bring a winchester.  He borrowed the winchester to kill rabbits.  If he stated on the habeas corpus case at Caldwell that he was to bring the winchester to Hempstead with him on Saturday he would state it again.  He is the husband of the sister of the man who is charged with the murder of Captain Tom McDade (sic -- this is incorrect, see Ed. note below).

(Ed. note: Stephen Allchin was not "the husband of the sister of the man" who killed ex-sheriff McDade.  He was step-father of the woman who was married to that man. He was second husband of Amanda Duck. Her daughter, Allchin's step-daughter, Savanah Duck was married to Joe Blasingame Jr., who was charged with the murder of T.S. McDade. Blassingame had four sisters, but none married Allchin.)

For the state J. J. Loggins testified that he did not hear R. T. Springfield say to Phil Suer with an oath that Allchin tried to kill me, but I got him.  Springfield was speaking in a loud voice, and if he had said it I think I would have heard him.

The other witnesses who testified were Frank Lipscomb, James Abrea, H. J. Harvey, N. A. Cuney, M. Gloeck and George Arnold.

The last named testified as to the reputation of Arnold, to whom he did not give a bad reputation.  Floeck gave expert testimony as a gunsmith on the condition of Allchin's Winchester rifle, which he held in his hand illustrating with two cartridges what the gun could do on the point of holding a cartridge in the carriage and showing one in the barrel.

It was in rebuttal.  It is believed this evening that all of the testimony will be finished to-morrow, perhaps by dinner time.

There are at least fifty who have not yet been examined, but the attorneys express the opinion that they will not be put on the stand.  Many were brought to rebut testimony, but will not be used.

The lawyers have not yet agreed upon the order in which they will speak.  The court will reconvene at 9 o'clock to-morrow morning.

"TRIAL OF JACK M'DADE", Galveston Daily News, Tuesday, February 19, 1889, p. 1, col. 5.

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