The Graham Leader (Graham, Tex.), Vol. 39, No. 36, Ed. 1 Thursday, April 15, 1915 Page: 2 of 8
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HOUSECLEANING DAYS
Are here and it is now time to brighten up your tome in
keeping wkye the bright Spring days. »■ ,
We have a complete assortment of all kinds of FURNITURE
and CARPETS at prices that will put them easily within
the reach of the most economical housewife.
J. EWING NORRIS
FURNITURE AND UNDERTAKING
' P ’ r , ---- - — ■ -• .... . _ - ^ , , ,, __ ^ ^
grand jury, and not public docu-
ment*.
The witness said that no one
had ever said to him the week of
the shooting, * ‘ there’■ something .............. ui ^ ^
going to he pulled off tonight, - j
[ I want to know what it is," H» 8her7T a 'office ana he said
aaid his overcoat was a gray one
and that another Graham man
and l*bdd came to Newcastle in a!
JNWs. .V-i.
oar aqd the witnc
to Todd about it.
him, he* aaiil,
combination of
did not.
“He said he
had talked
Vodd asked
if he knew the
the safe in the
he
1, -~V' 'M
■ ”
r* 1
waa surprised at
had one nearly like.it. Witness the work Judge Fry \had done
said he went to the court house
after the shooting and did
returh until after sunrise.
• He said he heard CherryholMes
say that Pat Carlton, iiad shat
him, but that he did not hear
the officer say to Doll ins, ‘‘Tell
Judge Stinson I stayed as long
aa my .ammunition lasted."
On tike night before the kill-
ing, Mr. Marshal] said he left
his office at 8 o’clock, talked to
were
and unless those records _____
not destroyed the judge was a blow-
ed up jigger, lie said Judge
Fry had offered him a thousand
dollars and- that if Rtiey j
For Inftmta and Children.
Mothers Know That
- '
lb
ft
would get away, $500 of it would
be his. He said Riley was all
tight, but was afraid he would
get into trouble.
He said Todd told him that
Gatlin, the night watchman, was
all right/
A 1
SSggl
l^safssasi
TV. nir I , J.
iTOmores
Genuine Cartofo
Always
m
^ -r Witness asid he
Dillard Hinson and (Jbeiy holmes; to se<f Doliins, but fixed
ADVERTISING RATES:-Locals,
*• cents per line for each insertion.
iMsplay advertising, 25 cents per sin-
gle column inch for less than one-half
"page; over one-half page and less
Ibss one page, 16 cents per single
Column inch; full page or over, l2H
cents per single column inch for each
Insertion. Special rates on yearly
contracts.
FRANK H. BOWRON, Editob
TESTIMONY IN FRY CASE
terian church, also a place where
something had apparently been
dragged. He said he saw tracks
of two men, angling across the
street toward Judge Fry’s house
that he picked up an empty car-
tridge shell in the court house
yard, and that there were bullet
scars on the outside walls of the
offices df the county judge and
the sheriff, also on the cistern in
the court house yard.
Gross examination then began
and Judge Taylor first wanted
to know how the witness could
tefl the difference between a hoe
handle mark and a human track
in the sand. He said he had giv-
en only such interest in the case
as his duties demanded.
(Continued from page 1)
Nicholson ruled that the state-
ment, *“They’ve got me,” was ad
missible. but instructed, the jury
not to consider the rest. Wit
ness continued that a statement hy
Cherry holmes as to the shooting
was in part reduced to writing.
.Witness produced the statement
-which he said was made four or
five hours before the officer’s
death, in the presence of him—U,
Judge Stimum, John Bower. Will
The witness said lie asked forjk
$15,000 bond in . the examining
trial of Judge Fry for forgery,
and that he asked for the wiring
of the capias to Austin
“How many other capiases
have you wired?” Objection by
the State was sustained, T"
„ The witness explained that be-
cause of the prominence of the
d fendant and the amount involv
ed, he thought it advisable 4o
take precautions to prevent es-
cape. An attempt to go into the
disposition of tile civil cases met
with objection by the state, which
warrants
with - the
Mayes and some others. The complaints when lie filed ' them,
declaration was then introduced that they were still there when
The defense objected t.rst, be- he got them back. lie said he
cause statutory predicate* had .n«eu them ‘‘because he had plen-
aot been laid; second, because the ty of others.’’Judge Taylor went
a short time, then went home. He
denied again that somebody talk-
ed about “something going to lie
pulled off tonight.” He did not
hear Cherryholmes tell Kd John-
son that “ Doliins is all right.” lie
did not talk to Ed Johnson that
night and was positive Johnson
did not send him a note that
night, ne said the
court house hall
when he left and when he re
turned and that street lights near
the court house were burning; he
thought these lights were 150
yards from the court house. He
said the light in the court house
was visible from each of the
four entrances,.
“Didn’t those street lights il~
uminate the court house
fairly well?”
The witness explained the posi-
tion of obstructions which pre-
vented the lights shining across
the court house yard.
Mr. Marshall said ho had told
Judge Stinson he did not think
a sgood idea to allow Judge
Fry’s attorneys to see the doeu-
he did this, he said,
moving the court was to eon-
vene aooh and that Judge Fry
was under $15,000 bond. He said
invited Judge' Fry into ,the
grand jury room, knowing 'that
he did not have -access to the
documents J-
On redirect examination, the
$15,000 bond was taken up, the
defense at once objecting as
showing secret intention and be-
ing immaterial; this was over-
ruled.
“How many warrants were re-
turned by the auditor as being
forgeries? ”
no special time. He also talked
about getting someone to open
tlu> asfe. On Saturday, Febru-
ary 20, lie said, Pete Fry had
come to him and told him the
judge and Todd wanted to see
him in Graham and he had
answered “nothing doing.” lip
saw E. W. Fry, Pete Fry and
light in the Todd in Newcastle the next
was burningJday, the Sunday before the kill-
ing.
At this point Attorney - Mc-
Lean for Lesehke, objected to
any testimony as to Lesehke at
this time; this waa sustained.
Mr. Brown said Pete Fry came
Narcotic.
tVo,
i Smd~
tesssasgs
Worms jtoMVuls»us.revmskj
ness and Loss of Sleep.
hcSiwit Sigiamrt of
aktasz
TmCwauhCom***
Rears the
Signature,
of
m
r
■"'< jL ’
: ’ *'\ '
I
Use
Over
-3
-v* ■
ears
vn
to the hotel about 11 o’clock Sun-
wan sustained. The witness said —Objection by the defense was
overruled.
“Two hundred’
witness.
‘What was the
amount ?”
Here the defense
answered the
aggregate
appear
statement
complete. ! the warrants with the complaints,
The witness said Cherryholmes at considerable length, with eon-
was conscious when he made the siderable repartee between conn-
etatement; a question as to R<‘1 and witness. One of■ Mr.
objected
into the question of the filing of again, claiming the question ihi
volved the forgery charges and
was prejudicial and irrelevant.
This objection was overruled..
whether the statement was vohni-j Marshall *a sallies elicited
tary mef with vigorous objection, applause which the court check—
which was overruled; the qu-t-- **d. This was when Mr. Marshall
lion was answered affirmatively.) told the attorney that the latter
"Witness said lie took the state- did not know what he was talk-
merit down. Cherry holmes n<-ting|ing about. Mr. Taylor made a
to what
court
sarcastic reply and the
cautioned both attorneys.
Mr. .Marshall said he withheld
aggregate of the cheeks
some waa about $25,000, said the wit-
ness.
there
merit
bond.
witlumt suggestion
kind of statement.
Further objec tion was made by
HccfoA) to, the statement on _ _____ __ ■ , L
the ground that other statements .considered theip matters for UR.lighi*
Judge Martin asked if
had t not been an agree-
between counsel as to the
Witness said there waa.
and
been
Mr. Marshall said he
Judge Fry had always
friendly and that he had no per-
. sonal feeling against the former
wen* not if»-
('lierryhotm <•**■
make another!
if"
W «*
i
sLX,:^
mk
■ - 5
were made which
* eluded and that
later wanted to
statement.
After examining tip* statement
Judge Nicholson said he would
sustain the objection for the
present. Judge Martin returned
the statement to Mr Marshall
whereupon Judge < arrigwn naked
to see it for comparison ; this was
refused, and the defense asked
that the refusal go into the
record.
Mr. Marshall said he knew K.
M. Todd and had known him for
several years. He also knew J.
B. Lisehkiyhq said; a question as
to where Lesehke was the day
after the shooting met with ob-
jection, which was overruled, lie
miid Todd anil Licitke stayed
at the Belmont Hotel and that .
Judge Fry lived a block further
away. The Belmont Hotel is a
block from the court house. The
witness said he knew Pete Fry
ami that the latter lived in Gra-
ham. lie did not see him th«
day after the shooting.
Mr. Marshall said he had a plat
■of the court house and surround-
ings. This was shown to the jury
and its meaning explained. &
witness said be had known Pat
Garlton and saw him after the
•hooting; this was at Judge Fry’s
residence. Witness saw him twice
that day, at Judge Fry ’■ resi-
dence, but saw neither Judge Fry
nor Pete Fry there. Mr. Mar-
shall said he saw blood stains
and foot print* near the Presby-
around, the
square nq the same
street, witness said.
court house
side rtf the!
He deserib-]
day night when Ilarland Bunger
was also present, in the hotel
yard lobby. He and Pete Fry went
some distance from the hotel and
found Judge Fry and R. M. Todd
in a car.
“We talked until after 2
o’clock,” said Brown, “the judge
wanted me to talk to (’berry
holmes and Doliins. He says 1’m
not asking you to do anything
wrong, but Tom and Riley will
listen to you,’ lie said ha Just
wanted a duplicate of those pa-
pers and didn’t want to destroy
anything nor do anything wrong.
The judge told the witness he
had been treated badly by the
sheriff and others in the matter
of seeing the records in the forg-
ery ease. ^Witness suggested that
Allen Casey, former county com-
missioner, would be a better man
to see the guards and Judge Fry
had answered that Casey was too
slow. Witness said he had sug-
gested that Toip would be easy
to handle, being a defendant in
the civil suit,, that both Cherry-
holmes and DoIRhs were “thick
headed country" boys.” "Mr?
Brown said they wanted him to
go either Monday or Tuesday
and he agreed; that was the last
time he saw Fry, Pete Fry and
Todd befbre the killing.
Mr. Brown said Todd had told
him that Doliins would contend
that the guards did not leave
the court house and that the
blame would rest on the county
judge or sheriff for letting the
records get out during the day.
“ To<ld. spoko about the $1000
the judge was to give him. He
sayp, ‘he’s done sonq* awful
coarse work, I’m surprised.’ He
says Riley agreed that $500
would look awful good.”
Witness said he knew Jim
tb/.Bu.vuolda. county commissioner--—
ise* “Tell the jtrry if yon told Rey-
nolds what these men had said
to you.” Several objection* were
Exact Copy of Wmppar.
.vaas—i
•, ik
• _;y j , - ■ • #. , itc. ,
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" J'
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r-
Graham Tailor Shop
cd the court house fence as being entered hv the"-defense, which
without spikes, ■ easy to climb) were overruled/ -The witness re-
over. It was his custom, Mr. Mar plied:_
shall huid. to go to his office “| did.”
should be “nipped in the
bud”, for if allowed to run
unchecked, serious results
may follow. Numerous
cases of consumption, pneu-
monia, and other fatal dis-
eases, can be traced back to
a cold. At the first sign of a
cold, protect yourself by
thoroughly cleansing your
system with a tew doses of
Jit night to work.
Re-eross examination was very
THEDFORD'S
BUCK-
DRAUGHT
,ir'<‘f. dealing with the witness’ ut,.„ after my first conversation
friendship for Judge Fry. Court with Todd.” He said he did not,)
repeat tJie conversation with
adjourned
Saturday Morning
G. II. Brown, former sheriff of day
Young county, was the first wit-'told
“That was my idea.”
“Didn’t you stay away la*causa
you were afraid those thick head-
ed boys would show up?”
“That wasn’t the reason.” -
He said he told two othef New-
i^stle men about the conversa-
tions, but did not tell any (jra-
Pete Fry, but at 10 o’clock Mon ! bam officers and made no other
When ?”
It wasn’t
over M() or 35 min-
morning, February 22, he'effort to stop the trouble. Nei-
ness Saturday morning. He "us had told him the night before
sheriff from 1‘»10 to 1014. during; ym, over K,t D„|
which time K. W. Fry was count* lms (>r Cherrvohlmes?”
Reynolds what the three ther did lie tell the guards wbat
judg<
say anything about seeing Dollim
and that you said you had better
see him.”
_____________ “No.”
m*\ M”‘‘l he had was present when he talked to| “Did you say anything to them
witness said lie and Fry
were friends during that time
is now city marshal at Now-
“1 did not.”
Cross examination began. Wit
ness said none of the defendants
he kr.ew about it, he said.
known Todd for four years and|Reynold*. He said he told Rey-'about what Doliins would do?”
had always been friendly, theyjnoi(ls hl. |m,| promised to see the
being neighbors, and that. Mrs. sruar(|8) l)llt that >u. m,V(,r in.
Todd had always been very kind tended to see them.
Brown i when the latter j “Then
The witness said he them?”
the oM reliable, vegetable|
I Uver powder.
Mr. Chas. A Raglaad, o<|
to Mrs.
was sick,
had known
you were
Pete FnJ for a long
time and their relations had al-
I Mid non Heights, Va.. my* I
I foi
way* been friendly, and bad
also known Carlton and had been
friendly with him. .The witness
said he had known .Tom Oherry-
Tiolmes, who had served as his
deputy for four years, and had
known Riley Doliins
“I guess so.”
‘He said he told Pete Fry lie
couldn’t go because he was work-
ing as night watchman.
“That was
the
didn’t go, wasn’t it?*’
^‘No sir.”
1 What was your reason ?
I told them 1 thought I could
get Doliins ont of the way.”
I lie said he told Reynolds he
misleading^thought he ought to go see Toni
and Riley, hut that he would not
talk to them except in the pres-
ence of the sheriff. Witness said
he and Reynolds wore neighbors
but not political friends. > He
reason you did not know whether Todd went
to see Reynolds.
Judge Taylor got the witness
to go over the testimony on what
■e-
Almost Like a
Face-to-Faoe
Chat
Mr. Jones had gone ta
* distant city on business
to be away for seireral
day*, and had left his wife
on the farm with no com-
panion, except a small,
child.
But"she waa not'lone-;
some, for each day her
husband called up for a
chat
Dolhn* for many Witness said he did not intend Judge Fry had said about not be-
*"e ?RHer being in charge ^ g0 foe(.augf, jf his desl. in$ able to see the record*,
of the county ^road gang. (He said he had promiaed the Witness said the defendants told
Mr .Brown was at Newcastle, three Sunday rivbt to see the him that Doliins and Cherry-
he said, when be heard of E. W {,«. did not intend to holmes wore “all right” but that
try s arrest; the first he saw of ^ they were afraid of each other.
* pre*PPt defendant* “Whv did yon promise? Were Mr. Brown said he told Todd,
after that was when Pete *ry you tryijQg t0 catch themr, on the latter’s first visit, that he
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connected to the JBelJ
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Bowron, Frank H. The Graham Leader (Graham, Tex.), Vol. 39, No. 36, Ed. 1 Thursday, April 15, 1915, newspaper, April 15, 1915; (https://texashistory.unt.edu/ark:/67531/metapth884493/m1/2/: accessed June 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Library of Graham.