Page:Palmore v. State.pdf/11

258 Rh Anderson Ellis details the circumstances immediately attending the killing—among others matters, as follows: Meyers came up and hitched his borses, having heard Palmore say that if he was to be cowhided, he wanted it done then. Witness thought that Palmore acted as though he were drunk. Meyers said to Palmore, I never threatened to cowhide you; go away from here; I do not want a difficulty with you; Meyers raising his hand and motioning away, saying, I am responsible for what I say. Palmore was then advancing on him, saying, G—d d—n you, why don't you cowhide me if you are going to? repeating it several times. Meyers stooped down and picked up a broken ox-bow and struck him (Palmore) a lick with both hands, and according to my observation the lick only brushed Palmore and did not take effect on him. As Meyers struck Palmore, almost simultaneously I heard the report of the pistol, and a second afterwards another. I ran out and they were clutched, and Meyers got up with the pistol in his hand and said that he was killed.

John Ellis, a son of the last witness, among other things, states, that Taylor asked Palmore to come and go home, when Meyers was in the barnyard getting the horses. He, Palmore, said, No.Now? [sic] if I am going to be cowhided, now is as good a time as any. Palmore then had his hand back towards the right hip. I remarked to my father that I thought he had a pistol. He asked me, why? I told him that the day before, I saw him with a pistol. Meyers came out of the lot and was going to hitch the horses, and said to Palm ore, you had better leave here. Palmore said, here I am, G—d d—n you, why don't you cowhide me? Meyers hitched the horses with his left hand, turned his face toward the house and caught hold of the end of an ox-bow, which was under the fence with his right hand, and said, I want you to leave here; I don't want to have any difficulty with you. I saw Palmore