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 go 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 (identified the marriage certificate). 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 many 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 sad 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 with 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 introducced 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 many was a small man with dark hari and blue or ray eyes; had a round,
full face with a medium dark mustache; he would weight 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 was 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 was 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 many 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 there 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