Page:Palmore v. State.pdf/13

260 Rh  further, G—d d—n you, get off this place, and popped defendant on the head. Defendant careened, but did not fall; he was in the "shape" of falling. At that time the pistol fired. I mean, after he, Meyers, had struck him. He, Meyers, then struck Palmore again, and he fell, and Meyers got on top of him, or astraddle of him. He was half bent when he was astraddle of him. When he was half bent on Palmore, the pistol went off the second time.

This witness stated that he and Jim Taylor and Palmore had gone down to Robson's store in the morning and back in the evening. That defendant lived at the Robb place, and had gone down that morning to Robson's for his clothes and a saddle he had there. They were coming back by Mangum's place in the evening when the difficulty occurred.

A. J. Taylor testified, on behalf of defendant, that he was present when the difficulty occurred, and after detailing the circumstances attending the interview between Mangum and Palmore, and about Meyers coming up, he says: Palmore turned around and asked Meyers if he had said that he intended to cowhide him. Mr. Meyers said, yes, and I'll substantiate what I said, picking up an ox-bow, at the same time, he advanced on defendant. Palmore stepped back and said, Meyers, don't hit me with that stick. When Meyers got up to him, he struck him a lick with both hands with the bow. Palmore staggered back, and as Meyers was in the act of striking him a second lick, defendant shot him. After he (M.) struck the second lick defendant fell, and the pistol fired the second time. Meyers then jumped on him. Mangum stepped up and caught Meyers by the shoulders, and Meyers raised up. Meyers said to Mangum, after he raised up, he has killed me, and turned round and walked into the house.

The witness says, Meyers struck with both hands. The ox-bow was four or five feet long, of pretty heavy size; it was in the shape of an ox-bow, a little crooked.