Page:Bone v. State (1940).pdf/8

 truck emptying the sack and Rome was standing on the ground. Mr. Deaver was on the back of the truck when the trouble first arose about unclean cotton. Mr. Deaver complained about the cotton and Moses said they would quit and asked that they be given their money. Mr. Deaver said, "I don't want no smart talk, shut up your mouth." Mr. Deaver went back to the little table where his wife was sitting. "Q. Do you know what he went to the table for? A. I didn't until he turned around back facing me. Q. How did you know then, George? A. I saw a gun. Q. He walked to the table and when he turned around facing you, you saw the gun? A. Yes, sir, it was in his hand." When Mr. Deaver came back with the gun, pointed on the truck, Rome said, "Cap, don't do that, we will go home." Mr. Deaver turned around toward Rome, pointed his hand at Rome, and Moses jumped from the back of the truck. He (George Walls) did not understand what Mr. Deaver said to Rome. When he turned the gun on Rome, Moses jumped off on him. All three began scuffling, tussling, and Mr. Deaver had hold of the gun. He stayed on the truck and was looking at them when the gun fired. Mrs. Deaver had done nothing, except she got up from the table. "She went around toward the truck and during the scuffle the gun discharged while Mr. Deaver had hold of the handle."

George Walls further testified that Rome and Crosnoe were fighting at each other, one with a pair of scales and one with a breast yoke. That was before the shot was fired. Moses never at any time turned loose of Mr. Deaver after he got "his arm around him and got hold of his hand, until after the gun was discharged. Rome did not enter into the fight until after the gun discharged, but was fighting with Crosnoe. After the gun was discharged, Crosnoe got his mule and left and came back later. Mr. Deaver got in the truck and went away. "Q. After the scuffle was over, Rome had the pistol? A. Moses and Mr. Deaver were still tussling after the shot was fired and Mr. Deaver said, 'Quit, my wife is shot, let me get her to a doctor and I will pay you,' and the boys begged Mr. Deaver to turn the gun loose." Rome didn't have anything to do with the scuffle with Mr.