STATE RESTS IN BROWNE CASE
Eleven Witnesses Were Examined by Prosecution, Six of Them During Session of Wednesday.
ARTHUR SWINDLER SWORE HE SAW J. M. PINCKNEY SHOT.
Testified that Roland Browne Fired Twice at Back of Congressman, Who Sank Upon the Floor — Doc Tompkins on the Stand for a Considerable Time.
(Houston Post Special.)
AUSTIN, Texas, February 21. — The trial of Roland P. Browne for the murder of Congressman John M. Pinckney and his brother, Thomas H. Pinckney, took an unexpected turn this evening when the State announced that it rested.
Six witnesses were examined today and five yesterday, making a total of eleven who had been summoned for that purpose. A feature of the proceedings today was the effort on the part of the defense to secure admission of testimony to the effect that Doc Tompkins and about twenty other leading members of the prohibition organization held a meeting at a lonesome spot known as Graveyard Prairie, situated outside of Hempstead, on the night before the prohibition election, and just four days before the tragedy occurred, at which it was agreed that the negroes should be visited and told that they must not vote at the election.
Doc Tompkins admitted on the stand while the jury was retired that such meeting was held and that those present were armed with pistols and shotguns and the negroes were notified in the manner agreed upon.
The court held, however, that the testimony was not admissible as evidence, and the defense thereupon took a bill of exceptions and the matter became a part of the record.
The most sensational testimony offered today was that of Arthur Shindler, who testified that he saw Roland Browne fire two shots at Congressman Pinckney's back and immediately thereafter the latter sank down upon the floor and was found dead after the shooting was over.
E. B. Weaver, another witness, testified to seeing Roland Browne shoot in the direction of Congressman Pinckney.
Roland was shot through the body in the general mix-up.
The defense has forty witnesses summoned in its behalf.
It is not known how many of them will be examined.
DOC TOMPKINS ON STAND.
When the court reconvened the photograph of the interior of the court room at Hempstead, where the tragedy occurred was offered in evidence by the State. The different objects in the room were explained to the jury.
R. E. Tompkins, better known as "Doc" Tompkins, was the first witness called for the State. He was private secretary of Congressman Pinckney. He stated that his relations with Captain Browne were friendly prior to the meeting. He had lived in Hempstead since 1878. His relations with Roland Browne and other members of the family were cordial. He was at the court house when the killing occurred. He opened the meeting and stated the object of the meeting to be a law and order meeting. The crowd was larger than the usual prohibition meetings, but smaller than the general mass meetings.
"You carried a pistol on that occasion?" Mr. Moore asked.
"Yes, sir."
"Did you have any authority to carry it?"
"None except my own consent."
Witness reviewed the organization of the movement to form a law and order association. He could not recall what he said in stating the purpose of the meeting. Captain Browne was the next speaker. The trend of his remarks was that he had a conversation with the governor and the governor had said that he did not intent to interfere with the affairs of Waller county, but that if the respectable citizens of the county would petition him to do so he would recommend to the legislature that Waller county be disorganized. Mr. Mills presented the petition for Rangers and it was read. Witness also made a second speech.
JOHN M. PINCKNEY STARTED TO LEAVE.
While he was speaking Congressman Pinckney got up and started as though to leave the court house, but turned and came back and made a speech in reply to Captain Browne. In his speech Congressman Pinckney said that he did not believe the governor would attempt to disorganize Waller county in the face of the opposition of the people of Waller county.
"Was John Pinckney sober or drunk?"
"He was sober."
"Was Captain Browne sober or drunk?"
"He was under the influence of whiskey."
Continuing, witness said that Captain Browne remarked while John M. Pinckney was speaking that he would meet him at any time. Witness stated that Captain Browne kept tugging at his coat while he was speaking and finally used strong language. Next thing witness knew he was struck by Captain Browne. A shot followed. Witness stepped off of the witness stand and fell. The shooting then became general.
The first shot came from near the west gate. Witness had no recollection of firing but one shot. He could not tell who it was he fired at. It was smoky and he could not see the object of his aim closely. He received a slight wound on the jaw, which he thought was made by a bullet. Witness' pistol had five chambers and he found that there were three empty shells. He could not tell whether they were all fired that night. The shot witness referred to came from outside of the left gate. Captain Browne sat right inside of the bar railing before the meeting opened. Roland followed his father and sat down on the table in the southwest corner.
"My first recollection of Tom Pinckney was his stepping to my side with a pistol just before the shooting commenced," the witness said. He had no recollection of seeing John Pinckney during the shooting, except when he saw him run across the room toward the west wall.
"He was all crouched over," witness said.
So far as witness could see John Pinckney did no shooting and was not armed.
"Do you know what Captain Browne struck you with?" Mr. Moore asked.
"I do not know what he struck me with. I only know what I saw in his hand after I had been hit.
FIRST SAW ROLAND BROWNE WITH GUN.
Witness said the first man he saw with a pistol was Roland Browne. It was about the time Captain Browne used his profane expression. Captain Browne was the second man he saw with a pistol. Witness said to Roland Browne: "For God's sake take your father out of here." Both Captain Browne and Roland were in the direction from which the first shot came. Tom Pinckney was standing by his side at the time.
"Do you know whether Tom or John Pinckney said anything?"
"No, sir."
On cross-examination witness said that he was a practicing attorney at Hempstead.
Judge Mathis called the attention of the witness that he testified on two former occasions that Roland Browne said before the shooting: "Put up your guns and I'll take the old man out." At that time Tom Pinckney was standing by witness' side with a gun in his hand.
Judge Mathis asked witness a number of questions as to the expression used by Captain Browne with the view of showing that it was not profane or insulting. The court ruled that until instruments purporting to be proceedings of the inquest and pistol trial are proved up they can not be used by the defense.
"Had Roland Browne or anybody else said anything to Tom or John Pinckney?" witness was asked by Judge Mathis.
"Not that I know of."
Witness said John Pinckney spoke for several minutes before Captain Browne interrupted him. Mr. Tompkins could not give the exact words of John Pinckney's speech. The colloquy between Pinckney and Captain Browne was pretty hot, but witness could not recall what was said. Witness made a short statement at the inquest, but not under oath.
AS TO ALLEGED FORMER STATEMENTS.
He had no recollection of having ever made the statement before this trial that Captain Browne, while engaged in a colloquy with John M. Pinckney, placed his hand under his coat as though to draw a pistol.
After witness was struck by Captain Browne he looked around and saw Captain Browne standing by him with his open hand drawn back.
"Is it not a fact that the next day you made a statement that you believed that you would believe you were the man who killed John Pinckney but for the fact that the wounds did not suit your pistol?" witness was asked.
"No, sir; I made no such statement. I said that I was afraid I had killed some of my friends."
Witness was questioned particularly as to persons to whom he was alleged to have told that he feared he had killed John M. Pinckney in the melee. Witness answered these questions by stating that he had no recollection.
"Did you not tell Judge J. D. Harvey that you did not blame Roland Browne for what he had done?"
"Not in that language."
Witness admitted that he made a statement after the shooting that he was surprised to see, when he examined his pistol, that he had not fired all of his shots, and that there were one or two left in the pistol.
"Did John Pinckney have a gun?"
"He owned one."
"What kind was it?"
"It was a thirty-two caliber Smith & Wesson."
"Did you ever see him carry one?"
"Only once; it was after Judge Lipscomb's letter came out during the campaign for congress."
"Were you at Graveyard Prairie on the night before the prohibition election?"
"Yes, sir."
"How many men were there?"
"About twenty men and women."
"Was Tom Pinckney there?"
"I think not."
GRAVEYARD PRAIRIE INCIDENT.
The jury retired while witness was examined as to the object of the secret meeting at Graveyard Prairie on the night before the prohibition election, with the view of determining whether the testimony was admissible. The defense claimed that those present at the Graveyard Prairie meeting were armed with shotguns and pistols and their object was to organize to visit the negroes of Hempstead and order them not to vote at the prohibition election.
The court ruled that the testimony was not admissible.
Witness said to the best of his recollection he fired a shot at Roland Browne. He was standing on the little stand when he fired the shot. On redirect examination witness said that Captain Browne had struck him before Tom Pinckney appeared at his side. To the best of his recollection, Captain Browne was holding a pistol in the open palm of his hand when he looked around after being struck.
"Did Tom Pinckney fire the first shot?"
"I couldn't say."
Judge Mathis asked for the defense if witness had been struck when Roland Browne came toward him. Mr. Tompkins replied in the negative.
Mr. Moore asked witness on behalf of the State if the same grand jury that brought in the indictment against defendant for murder also indicted him for carrying a pistol. Witness replied that he believed such was the case. He was interrogated in regard to the pistol trial.
"Don't you now as a fact that Roland Browne and his friends could not get a word from witnesses as to what the witnesses were going to testify to and the pistol trial was the only way it could be learned what the testimony of these people was going to be?" Judge Mathis asked.
"I do not know."
Witness gave the name of those present at the inquest proceedings. He did not know whether Roland Browne had any friends present at the inquest.
"You were put under $2500 for murder and so was Browne?" Judge Mathis asked.
"Yes, sir," witness replied.
THE LIPSCOMB CIRCULAR.
Witness was asked what was in the Lipscomb circular letter that caused John Pinckney to carry a pistol.
"The circular was misunderstood by Judge Pinckney," witness replied. "It was one of those dirty little political flings."
"There was a heap of truth in it," interrupted Mr. Lipscomb, who sat nearby.
The court stopped the questioning along this line. The next witness was J. H. Grace of Hempstead. He said that he attended the meeting at which the killing occurred and sat on the second bench from the judge's stand. Captain Browne interrupted the speakers and Mr. Tompkins told him he "would have to cut that out." He heard Captain Browne say an oath of some kind. Captain Browne struck Tompkins with a pistol. Roland Browne and Tom Pinckney came up with pistols in their hands. Roland passed by where witness was sitting. Roland was going toward the witness stand. He saw both Roland's and Tom Pinckney's pistols about the same time. Tom Pinckney was coming from the jury stand. He and Roland were coming from opposite directions. This was after Captain Browne struck Tompkins. Both Tompkins and Roland got to the witness stand about the same time.
"When you saw that what did you do?"
"I don't know," witness replied.
On a cross-examination in response to a question by Judge Mathis witness did not know who fired the first shot.
MRS. TOMPKINS' TESTIMONY.
Mrs. R. E. Tompkins, wife of Doc Tompkins, testified that she was present at the court house when the killing occurred. She was sitting on the judge's stand. The judge's chair was occupied by Mrs. D. Mahan. She said it was to have been the last meeting of the prohibition league. Her husband stated the object of the meeting.
After he did so he sat down and Captain Browne got up and patted Mr. Tompkins on the shoulder and the head and said something insulting and sneering. He said: "We will make our friend Tompkins deputy sheriff."
Mr. Tompkins said: "Who is your authority?"
"Captain Browne said the county judge and the sheriff were his authority," witness said.
She testified that Mr. Mills tried to restore order.
The petition calling upon the governor for Rangers to enforce the law was adopted.
Just after this John Pinckney got up and made a speech. She recited what he said in the speech, which was the same as told by other witnesses. She said she saw Captain Browne come up to Mr. Tompkins and say something. She did not hear all of the words. Mr. Tompkins told Captain Browne that his wife was present. John Pinckney also got up and told Captain Browne that he would have to stop that, as there were ladies present. Just then she saw Captain Browne and Roland Brown fire their pistols. Roland fired at Mr. Tompkins and at the second shot Mr. Tompkins fired also.
All three of the shots fired by the Brownes seemed to be directed at Mr. Tompkins.
When the shooting was over, she saw her husband standing on the witness stand with blood on his face. She rushed up to him. She asked him if he was shot and he said: "Yes, but not much."
On cross-examination witness stated that she had stepped off the witness stand and was on the floor at the time the first two shots were fired. The shooting did not last longer than three or four seconds. The three shots which she saw fired at her husband were not the first shots. There had been a dozen or two dozen shots fired before she saw those three shots, she said.
SAW R. BROWNE FIRE TWICE.
She did not know who fired the first shot. She was positive she saw Roland fire two shots. The first was deliberately aimed at her husband. She did not see John Pinckney at the time of the firing. She picked up a large pistol which was lying just under Tom Pinckney's hand after the shooting.
On redirect examination witness said that she left her seat on the judge's stand because of the shooting. A number of shots were fired before she got down to the floor.
She said she did not mean to say that Captain Browne or Roland Browne fired the first shot.
H. W. Rankin testified that he was at the meeting and saw Roland Browne draw his pistol. He thought there was going to be trouble and he "pulled his freight," as he expressed it. He was nearly to the door when the first shot was fired. He said he got out because he thought he had no business there.
On cross-examination witness said that he was sitting close to Tompkins and Captain Browne. He did not see either one of them strike the other.
The commotion had just begun when he started to leave. He did not see Walter House interfere with Roland in any way.
"You were an ardent friend of the Pinckneys, a prohibitionist and a member of the Woman's Christian Temperance Union?" witness was asked.
"I am not a member of the Woman's Christian Temperance Union, but I am a prohibitionist."
Witness stated, in reply to a question by Mr. Moore, that he was friendly to both parties to this case.
E. B. Weaver, the next witness, testified that he had lived in Hempstead for about two years. He had no ill will for one side or the other; he would tell the truth as he saw it. He was at the meeting at which the Pinckneys were killed. He simply followed the crowd and went to the meeting as a spectator. He sat on the second bench from the first. He arrived before the meeting had begun. The object of the meeting, as he understood it, was to have Rangers sent there to preserve law and order. Doc Tompkins spoke and then Captain Browne said a few words. He was opposing the Ranger proposition. John Pinckney then spoke and was interrupted by Captain Browne, who was told by Pinckney to sit down until he got through. Captain Browne sat down and when Pinckney got through, Doc Tompkins commenced to speak again. He was interrupted by Captain Browne. Some one used an oath. Two or three men said there are ladies present and that there must be no swearing.
Captain Browne swore again and then pulled his gun and struck Tompkins over the head with his gun. He heard some one say: "Don't put your hands on him."
SAW ROLAND PULLING GUN.
Witness looked around and saw Roland pulling his gun. Witness tried to grab his arm, and Roland said: "Let me loose," and went on. Witness saw Roland fire a shot and he thought it was the first shot fired.
"Who did he fire at?" Mr. Moore asked.
"I couldn't say."
"Where was John Pinckney?"
"I did not see John Pinckney at the time."
"Did you notice what kind of a pistol Roland Browne had?"
"It was the largest pistol I ever saw, I thought at the time."
Witness said that Pinckney was looking east from Roland Browne and the latter fired in that direction.
"What happened to Tompkins as a result of Captain Browne's blow?"
"It didn't seem to me that he was struck hard enough to knock anybody down, yet he disappeared from my view."
Witness had a recollection of seeing Roland two or three times during the shooting, but could not tell whereabouts in the room he was. He saw Roland fire a second shot. He did not know where Tom Pinckney was when the second shot was fired. He saw Tom Pinckney shoot at Captain Browne.
"So far as I know, Roland pulled the second gun," witness continued.
"Did you notice whether Tom Pinckney had a big pistol or a small pistol?"
"They all looked big to me."
Witness said he saw Captain Browne have his pistol pointed at Tom Pinckney, but he did not know whether he fired it.
?Witness went down to the left aisle after the shooting and saw Rev. Kenney and another man holding Roland Browne. Roland said: "Make these men turn me loose, Weaver, and I will get out."
"The next thing I knew I found myself down stairs in the hall."
On cross-examination, witness testified that on former examinations he had stated that there were so many shots fired inside the railing that he could not tell who fired them. There were twenty-five or thirty shots fired, witness thought. It seemed to him that there were eight or ten guns used.
"Nearly all the crowd inside the railing were prohibitionists, were they not?" Judge Mathis asked.
"I don't know as to that."
"You are a prohibitionist?"
"I voted the prohibitionist ticket, if that is what you mean."
"What became of you when the first shot was fired?"
"I couldn't say."
"Don't you know that you got down under a bench?"
"No – and you don't either."
"Well, what became of you?"
"I think I stood there until two or three shots were fired. I then walked over to the other side of the room."
Witness saw Tom Pinckney sitting in a chair before the house was called to order. He didn't now whether he changed his position. When he next saw Tom Pinckney he had his gun down on Captain Browne.
"Did he fire?"
"He did. Roland drew his gun just at the end of the second bench," stated the witness. He pointed out the plot of the court room where the different persons were sitting.
"Do you now that Roland Browne was shot in the side with a small bullet?"
"Yes."
"Did you see the wound?"
"It seems to me that I saw it. I heard about it so much that I thought I was it."
Witness saw a small pistol that had been picked up by Captain Browne's body. Had never examined the gun and did not know how many chambers were empty.
"Do you mean to tell the jury that Roland Browne fired the first shot?"
"It was the first shot I heard or saw."
"Did you hear anything that John Pinckney said that would bring about a shooting?"
"Not that I know of."
"Were you armed?" Judge Mathis inquired.
"I was not."
SHINDLER'S POSITIVE STATEMENT.
Arthur Shindler was called and testified that he was born and reared in Hempstead. He was reared up with Roland and had no ill feeling toward him.
"Did Roland ever talk to you about this case?"
"No, sir."
Witness stated that he was at the meeting. He saw Roland Browne sitting upon a table. The first thing that attracted witness' attention was the interruption in which Captain Browne cursed the speakers.
"I took him to be drunk, as he was not a quarrelsome man when sober."
"Did Ed Campbell say anything?"
"Yes, sir; he said go ahead and don't pay any attention to him."
Witness said that while Doc Tompkins was talking Captain Browne hit him over the head. Before the blow was struck Tompkins siad: "My wife is present and you can't talk like that."
"When Tompkins was struck he fell, Captain Browne and Tom Pinckney fired two shots right together."
"Who fired the first shot?"
"It was one of the two."
Witness said that just before Tompkins was struck John Pinckney got up and started up toward Tompkins. He saw Roland Browne got off the table with his hand hold of a pistol. He went into the crowd.
Witness said that just before Tompkins was struck John Pinckney got up and started up toward Tompkins. He saw Roland Browne got off the table with his hand hold of a pistol. He went into the crowd. Roland made two shots. John Pinckney placed his hand on his back and went around the bench and fell.
"You say Roland Browne fired two shots at John Pinckney's back?" asked Mr. Moore.
"Yes, sir."
"When you last saw John Pinckney alive what was he doing to Roland Browne?"
"Nothing."
The defense then took the witness.
"Doc Tompkins is a brother-in-law of your?" Judge Harvey asked.
"Yes, sir."
"Was Tom Pinckney on the witness stand at the time Captain Browne struck Doc Tompkins?"
"He was on the witness stand."
Witness said that he saw Tom Pinckney raise a pistol in his hand. Captain Browne was in front of Tom Pinckney and was holding his gun in the same way. Roland Browne was at the north end of the second seat at that time.
"Had Roland Browne drawn his pistol up to that time?"
"Not that I could see."
"He was going in the direction of his father?"
"He was."
Witness never heard Roland make any remark while on his way into the crowd. Immediately after the shooting began witness went over to the spiral stairway and stood by a post until the shooting was nearly over. He did not notice any one standing near him. He said that he was perfectly cool while the shooting was in progress.
When was it that you first saw John M. Pinckney after the shooting began?"
"I first saw him at the north end of the second bench – there had been eight to fifteen shots fired up to that time."
Witness said that there was someone shooting from outside the railing, but the smoke was so dense that he could not see who it was.
"John Pinckney never stopped walking when he came out of the crowd," witness continued. Pinckney was eight or ten feet from witness at that time.
"Did you notice any pistols after the shooting?" Judge Harvey asked.
"There was one lying between the second and third bench."
"Did you notice any other pistol?"
"I saw Tom's. It was still in his hand. He never dropped it till he fell on the floor.
"What was Doc Tompkins doing?"
"He was shooting. He made three shots. I suppose he was shooting at Roland. He was shooting toward Roland. There was no one else at the spot but Roland.
Continuing, witness said that he saw Roland fire two shots at John Pinckney's back and then fire a shot at Doc Tompkins. After the shooting, Roland went out of the room and then returned, when he was grabbed. On redirect examination witness testified that John Pinckney walked about seven steps after defendant's shots at his back and then sank down. After the shooting witness turned over the bodies of John and Tom Pinckney. John Pinckney was the only man who came out of the crowd walking erect. Roland Browne came out after him and shot twice toward his back. Roland was only a few feet from Pinckney when he fired the two shots.
"Did you see E. D. Weaver there?"
"No, sir."
Witness remained facing the court room during all the shooting. The shooting did not last more than two minutes.
"What did Roland Brown do when he had shot at John Pinckney's back?" Mr. Moore asked.
"He got behind a post and made a shot at Doc Tompkins.
MISS PINCKNEY RECALLED.
The State recalled Miss Sue Pinckney to the stand. The coat which John Pinckney wore on the night he was killed was shown to and identified by witness. The vest, which he wore, was also exhibited. She said that they were in the same condition as they were on that night.
The hat which he wore was also shown her and identified.
Witness stated on cross-examination she didn't have a brother that could wear John M. Pinckney's coat. John M. Pinckney owned a gun. It was a 45 and she gave it to him as a present. She also owned a gun. It was of small caliber.
"Neither one of these guns, I would swear to my dying day, had been out of my house."
"Wait a minute. Did your brother Tom own a gun?" Judge Mathis asked.
"Yes. It was a 42 or 45."
Miss Pinckney again identified the shirt which her brother wore onthe (sic) night of the killing. She also described the wounds upon his body over again, repeating that much of the testimony which she gave on the stand yesterday.
Witness said, in response to a question: "As much as I want the murderers of my brothers punished, I will not swear to a lie."
Witness was excused and the coat which John Pinckney wore when killed was placed upon his brother, Dick Pinckney, and the bullet holes in the back exhibited to the jury. The undershirt and vest were also shown the jury for the same purpose.
The State unexpectedly closed at this point, and the court adjourned until tomorrow in order to give the defense an opportunity to consult with its witnesses.
"STATE RESTS IN BROWNE CASE", The Houston Post, Thursday, February 22, 1906, p. 6, col. 1-4.
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