Page:Bone v. State (1940).pdf/6

 on a truck and Rome Bone and Mr. Deaver were on the ground about the same distance from where Mrs. Deaver sat at the table on which the pistol was lying.

John Deaver testified that Moses Bone had brought trashy cotton and poured it in the wagon; that returned to his wife and told her to dock Rome and Moses three pounds for each of their sacks and that Rome Bone said, "No white s— of a b— can dock me and get by with it," and then started for the table; that he then grabbed Rome Bone; that Moses Bone jumped on his back and then grabbed the cotton scales; that hi swife ran around the table toward where they were fighting and shouted, "Dont do that;" that as she go twithin about three feet of him a shot was fired right over his head; that at the time the shot was fired, he was holding Rome Bones leg and that the shot struck and killed his wife; that after Rome Bone had shot his wife he shoved the gun down into Deavers face; that he pushed the gun away from his face and Rome Bone called to his brother "to break the s— of a b—s arm."

Leslie Crosnoe testified that "while he (Mr. Deaver) was knocked down on the ground Moses grabbed the scales and Rome got the gun and I thought they were going to kill Mr. Deaver and I ran in and tried to defend Mr. Deaver. As I struck one time at Rome, well, Moses hit me with the scales. I had the breast yoke of the wagon Moses knocked me out. I don't know what happened after that. Moses had the iron cotton scales I don't know how Mrs. Deaver was shot. She was shot after I was knocked out."

Lester Conway, a boy 16 years of age, and Charles Conway, 14, testified that they were some 30 or 40 steps away when the altercation started and that when their attention was called to it, appellants and Mr. Deaver were fighting with their fists and that they first saw the gun after Mrs. Deaver had been shot. Elizabeth Reddix, witness for appellants, testified that she was picking cotton for Mr. Deaver at the time the difficulty occurred and heard Mr. Deaver cursing and abusing appellants, and that neither of appellants cursed