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A

It wasn’t over - - well we will say three weeks.

Q

What shooting was that?

A

Mart traded guns that day and he took it out and tried it.

Q

Who did he trade with?

A

Traded with a fellow by the name of Irving Taylor.

Q

Traded guns?

A

Traded a revolver.

Q

And Mart always had a revolver did he, around there?

A

Well I don’t know as to that.  I think he got his first revolver from his brother-in-law.

Q

Well did you see the gun that he fired off there two or three weeks before?

A

Yes, sir.

Q

What kind of a looking gun was it?

A

I don’t know for a fact.  It was a brake-down gun, he broke it down and took the shells out of it.  I don’t know anything about fire arms anyhow.

Q

You don’t know what the name of the gun was?

A

No, sir.

Q

Did it sound about the same as this revolver did?

A

I don’t know.  All guns sound alike to me.

Q

And all people that run along the road that way look alike to you don’t they?

A

No, not always.  I told you I could tell a white man from a coon.

Q

And I doubt it very much.

A

Well that is only a difference of opinion.

Q

After you heard this shooting three or four weeks before, after you heard that, did you ever hear any other shooting besides

Page 120

Q

those two shots?

A

Around the store there?

Q

Yes, or up around Denison there.

A

Oh no, not right around that time I haven’t

Q

Well you have heard shooting?

A

Yes, sir, I have heard shooting.  George Carr has got a gun up there, and he has - - I don’t know as he has at night, but then there has been several shots fired around there.

Q

Then it was quite a common thing to fire guns off at night there wasn’t it?

A

No, sir.

Q

It wasn’t?

A

No, sir.

Q

Was this at night when Mart fired his off?

A

Yes, sir.

Q

About what time at night?

A

About seven o’clock I guess.

Q

Was it dark?

A

Yes, sir, pretty near, he stood in the door of the sore.

Q

It was in March, wasn’t it?

A

According to my testimony it must have been, I said about three weeks before.  It may have been the first part of April.

Q

What did he fire at do you know?

A

He shot at what Paddy did.

Q

What?

A

He made a shot like Paddy, but I guess he didn’t fire at anything.

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Q

So that he went out of the front end of the store and shot right out of the door, he didn’t care where he shot?

A

I guess he shot up in the air, I don’t know, I was behind him when he was doing the shooting.

Q

To get right down to the matter, there wasn’t anything particularly unusual about your hearing those shots down there that night, the mere fact of the shooting occurring?

A

That is all, a couple of shots, that is all there were.

Q

I say there wasn’t anything peculiar about that circumstance standing alone?

A

No, nothing peculiar.

Q

And if Mart had come out to the front part of his store and fired his gun off there a couple of times you would not have thought anything of that?

A

No, sir.

Q

And neither would Tom, would he?

A

No, sir, I guess not.

Q

An he would not have made the remark if Mart had come out there and fired his gun off there a couple of times, he would not have come down there and made the remark to you, “what the devil is that”?

A

He didn’t make the remark about the shots being fired, it was the noise.

Q

The noise before the firing?

A

There was quite a noise just as though somebody either tumbled on the side walk or struck it with a club, there was quite a noise there, that is when Tom said “what the devil is that”.

Q

And about how far is it from your place up to the store?

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A

Well it is between 300 and 330 feet.

Q

Did you ever measure it?

A

No, sir.

Q

Never measured it?

A

No, sir.

Q

How long would it take you to walk it?

A

Oh it don’t take very long, I never timed myself, I walk it every night.

Q

Do you know remember what time you left the store that night?

A

Yes, sir.

Q

What time?

A

It was between fifteen and twenty minutes past eight.

Q

And had those other people left that you have enumerated that were there?

A

No, sir.  I think Mike Malone had left.

Q

Were you the first ones besides Mike Malone that had left?

A

No, sir, Mr. and Mrs. Wilton had gone home.

Q

Were these other people gone?

A

George Carr and Jake Knipe and Laura Kooney were in the store when we left.

Q

Ad you walked right down there and sat on the milk stand?

A

Yes, sir.

Q

Do you think it took you five minutes to get down there?

A

No, I don’t think it did.

Q

And how long did you sit there?

A

Possibly between twenty minutes and a half an hour.

Q

And that would have brought it up to somewhere about ten minutes to nine?

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A

No, it would have brought it up somewheres near there, twenty minutes or a quarter to nine I don’t know exactly.

Q

I am getting at about the time.

A

Yes, sir, I know.

Q

That is before you heard the shots it would be about a quarter to nine?

A

No, when we heard the shots - - I will tell you how I place the time: after we carried Mart in the house his wife give us the key to go over and telephone to the sheriff and for the doctors, and when we got in the store I lit - - I guess we ad a lamp or a lantern, and I looked at the clock to see whether central was closed or not.

Q

What time was it?

A

It was just a quarter to nine.

Q

And after the shot and after the man had gone by some one came out and hollered, didn’t she - - Mrs. Golden?

A

Mrs. Golden.

Q

Did you hear her holler?

A

Yes, sir.

Q

What did she holler?

A

Hollered Mart, Mart.

Q

How many times?

A

Two or three times.

Q

Then what did you do?

A

We sat there about ten seconds more I guess.

Q

Then what did you do?

A

Then we stayed there until Minnie went down and found Mart and hollered “My God Mart, who done this”