Page:Bone v. State (1940).pdf/7

 Mr. Deaver. She heard Mr. Deaver cursing and saying, "I ought to kill a bunch of damn negroes."

Joe Wirges testified that he is a reporter for the Arkansas Gazette; that after the difficulty he went to St. Vincents Infirmary to get the details from Mr. John Deaver. "Q. I will ask you if he stated to you at that time and place, 'I ran over to the desk and picked up my pistol and was knocked down by one of the brothers. They took the gun from me, and during the struggle the gun discharged.' Did he make that statement to you? A. Yes, sir."

Julia Wiggins, on behalf of appellants, testified that she was present at the time of the altercation and that the trouble started between appellants and Mr. Deaver with a "big argument." When the fight started they were on the ground. She did not see any gun in Romes hand at that time. "They were just fighting; they were all tied up They all surrounded one another. They were fighting." Mr. Deaver had been down on hisknees, but was up and they were all standing up. She heard Mrs. Deaver say, "John, don't—do something." "She (Mrs. Deaver) called his name. All at once that gun went off. Went like it went in a barrel. They were so thick around there, didn't even have a sound hardly. The people out in the field didn't quit picking cotton because they didn't hear it." She never saw the gun during the fight." Geraldine Simms testified that she was a short distance from the scene of the fighting and heard the fatal shot fired. That Mr. Deaver went to the truck and Rome went to him and asked him "was that his gun," and Mr. Deaver said, "Yes." "Q. Anything else said between them? A. He told Mr. Deaver he fired his own gun. Q. That who fired his own gun? A. Rome told Mr. Deaver he fired his own gun and shot his own wife. Q. What did Mr. Deaver say? A. Deaver said, 'Yes,' and got in his truck and went out of 4-1 field." Appellants left the field taking the gun with them, and turned it over to the officers.

George Walls testified that he was present at the time of the altercation; that Moses Bone was on the