Texas History and Genealogy - presented by Genealogy Trails

Source: "The American State Reports", 1889 Submitted to Genealogy Trails by K. Torp

Jones vs. State (Texas Appeals Court)
This is a conviction for murder in the second degree, with the penalty fixed at confinement in the penitentiary for twenty-four years.

The appellant, Jones, lived in San Saba County. Thomas H. Nowlin lived in, and was deputy sheriff for, Llano County. The following capias was issued by the clerk of Jeff Davis County: — "The State of Texas. To any sheriff of Texas, greeting." Then follows the command to arrest Jim Jones upon a charge by indictment for theft of cattle in Jeff Davis County. This capias came to the hands of Caldwell Roberts, sheriff of Llano County, who, on the fourth or fifth day before the homicide, gave it to Nowlin, his deputy, with orders to go and arrest the appellant. On the fifth day of April, 1888, Nowlin, accompanied by Lee Peck, just after sunrise, went to the house of appellant to execute the capias. Jones and wife were in bed. Nowlin hallooed. Jones, saying " he would be there in a moment," soon opened the door with a shot-gun in his hand.

Peck, relating the facts attending the homicide, testified: "Nowlin said, ' Jim, we have got a paper for yoa' (calling it by some name, I do not recollect what). Defendant said, "That is all right; I thought it was a mob,' or 'damn mob' He also said that some of the people around there had been accusing him of horse-stealing. Jones said, ' Let me see the . papers.' Whilst the conversation was going on, Nowlin and myself had dismounted and walked up to the door. Nowlin said, ' Shall I read the paper, or shall you read it?' Defendant said he would read it. Defendant then took the paper from Nowlin, who handed it to him, and read until he got down to the words ' Jeff Davis County.' The word ' Jeff' was blotched, and defendant stepped up to Nowlin and asked him what it was. Nowlin told him, and defendant stepped back and read on a while, then suddenly raised his gun and fired. I saw him raising his gun. Nowlin commenced raising his pistol, and they both fired about the same time,— can't say which fired first. While defendant was reading the paper, Nowlin pulled out his pistol and held it down by his side. Don't think Jones saw Nowlin when Nowlin pulled out his pistol. Nowlin fired two shots,— the first so close together with Jones that I could not tell who fired first. Nowlin fired his second shot after he had fallen."

W. D. Wright, a witness for the state, testified that the pistol-shot was fired first. " I heard one pistol-shot before I heard the shot-gun, and one pistol-shot after." "I heard the first pistol-shot from one to one and a half seconds before I heard the shot-gun. I heard the second pistol-shot from three to to four seconds after I heard the shot-gun." " Defendant was wounded slightly in the shoulder." " I am a brother-in-law of Jones." " I was about one hundred and ten steps from defendant's house when the shots were fired."

The wife of defendant testified that she and her husband were in bed when the parties came to the house; that she waked her husband and remained on the bed when he went to the door. " Nowlin handed the defendant a paper, and he read a part of it, and said to Mr. Nowlin: ' Tom, here is a word I can't make out.' Mr. Nowlin said he could. Defendant then stepped one step, and handed the paper to Nowlin. Defendant stepped back one step and Nowlin finished reading the paper. Defendant was standing, and had been all the time, with his gun in his right hand, holding it about the lock, the muzzle resting on his foot. When Mr. Nowlin finished reading the paper, defendant spoke and said, ' Tom, I will not go with you.' As defendant said that, Mr. Nowlin said, ' You won't?' and threw his pistol up and fired, hitting defendant on the shoulder. As soon as defendant could, he threw bis gun up with his right hand and fired. At the firing of defendant's gun I jumped out of bed, and just after I did so Mr. Nowlin fired a second shot."