Evidence taken in inquest began and holden at Daileyville, Karnes Co. Texas on the 6th day of September 1886 and continuing from day to day to inquire into the cause of the death of J. L. Elder, J. J. Elder, and Henry Pullin.

     The testimony was typed by Theda Hummel Semrod 1916-1994, grand-daughter of T. G. "Thee" Butler 1871-1948.      Probably she did this typing in the 1950's.
    She worked from the original ink records, and the paper was crumbling.    Her work was done on an Elite TypeStyle typewriter, onto 17 pages.    Her typing was tightly packed with little margin.  That is why photocopies of two pages did not pick up all the way to the bottom, and we are missing some words.
     Theda typed the following note onto Page 9:      "The preceding pages were written in ink with a flowery Spencerian handwriting. The original pages are in pretty bad shape, and are crumbling badly. They were loaned to me for the purpose of copying them, through the courtesy of Mr. Warren Livingston, Kenedy, Texas."

  Theda's PAGES 1 – 9 (having the men's names in BLUE and in UPPER CASE in this document) are the testimony at the Coroner’s Jury of Inquest in Helena, September 6 and September 11, 1886.

    Theda's Pages 10-17  (having the men's names in red and in lower case in this document)   were typed later but similarly by Theda Semrod.
   We are not sure of the dates of the testimony in Pages 10-17.   But we can read that the Testimony on Pages 10-17 for at least three men was taken AFTER the Habeas Corpus trial in Helena in January 1887.
   Pages 10-17 are very likely testimony taken in Karnes County to be used in 1888 as a supplement in the two murder trials in Cuero.  The pages were filed in Karnes County, and Theda gained access to this material about 1950.

     The “H.C. trial of Sykes Butler,” the Habeas Corpus bail bond hearing and trial, was held in Helena in January 1887.   This trial yielded 78 pages of testimony.    Theda did not type this particular material, and it is not presented here.   These 78 pages of 1887 testimony from Karnes County were taken to Cuero, where this material was used in the two 1888 murder trials.   Then the testimony was stored and left unknown in the Cuero Courthouse for over 115 years, where it was discovered by Sue Butler Carter in 2004.

     W. G. Butler (January 1888) and Sykes Butler (December 1888) were separately tried for murder in Cuero, DeWitt County, and both were acquitted.
    The decision in the W. G. Butler case was based on self-defense:  Bud Elder had fired two shots at Butler, before Butler pulled his pistol.     Again, the 78 pages of testimony from the 1887 Habeas Corpus trial of Sykes Butler in Helena were used as evidence in the murder trials in DeWitt County in 1888.

    Sam O. Dailey and James Monroe Choate testified on all three occasions:   the  Coroner’s Inquest Pages 1 - 9,   for the Habeas Corpus trial, and for Pages 10–17.
    Dr. S. G. Dailey testified in the Habeas Corpus trial and also for Pages 10-17.
    Six other witnesses, namely Charles Coleman, John H. Trimmel, Andy Nichols, Tom Oliphant, Jack Pullin, and Tom Pullin, all testified for both the Coroner’s Inquest Pages 1 - 9   and for   Pages 10–17.

     It is curious that Newton Butler did not testify at the inquest.
Newt had his own 10,000 acre ranch.
He apparently fired some shots at Daileyville, because he was found guilty of Aggravated Assault, for which he was fined $25.    This fine is significant, because it says that he DID do something in Daileyville.
Newt had a medical condition or health problem in early 1895.
Dr. Puckett saw him at the ranch in February.
Friends reported in a family letter that Newt again saw a doctor March 2, but “it was too late to do him any more good.”
Newt left for New Orleans on March 4, to seek further medical help.
He died in a New Orleans hospital on March 12, 1895.
This was a tragic end at age 36 for a man who could have managed or inherited his father's huge holdings.

             Go directly to - -
          
Sykes Butler               Wm. G. Butler         J. Monroe Choate 1   J. Monroe Choate 2

Charles Coleman        Sam Dailey              F. R. Graves

Eli Harrell/Harrold       Andy M. Nichols     Tom Oliphant

Hugh Pace                   Jack Pullin                Tom Pullin

Pleas Butler                  John Sullivan            John Trimmel/Trimble

                  A gun is a rifle or Winchester.              A pistol is not a gun in 1886.

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Evidence taken in inquest began and holden at Daileyville, Karnes Co. Texas on the 6th day of September 1886 and continuing from day to day to inquire into the cause of the death of J. L. Elder, J. J. Elder, and Henry Pullin.

Page 1 Mr. GEORGE W. LITTLE testified under oath: "I was sitting near a live oak tree about sixty or seventy feet from the front of the S.W. corner of the store house. The first thing I noticed was two men I took to be Mexicans coming up toward a hack that stood about 30 steps from the S.E. corner of the store house and about 40 steps from where I was. They both had guns in their hands. I first noticed Fate Elder going toward the hack that is how I came to look around toward the hack. I did not notice Fate any more after I saw him starting toward the hack until I heard a shot. There were several men around the hack as I heard the first shot. I ran around the store house to the back end of it. I did not look toward the shooting. Alf Taylor and several others ran around the house. I did not notice any one there with a gun or pistol. We did not go inside of the yard fence and were not very near to the house. I am not sure that I know either of the Mexicans but I think one was Epitaco Garza."

Page 1 JOHN L. SULLIVAN testified (married to the Sheriff's sister Angelina Elder): "I was standing out just beyond the road about 15 or 20 steps from the S.W. front door of the store house about 15 or 20 steps from the hack where I heard the first shot. When I heard the first shot I looked toward the hack and saw Fate Elder there. He looked like he was trying to get behind the trees. He was throwing up his hand. I did not see any pistol in his hand. I could not see who fired the first shot. I knew it was there by the hack where Fate Butler was and William Butler, Newton Butler, and Sykes Butler. I thought William Butler was there (am not positive). Ples Butler was sitting talking to Fate Butler between the house and the hack. After the first shot, I saw Sykes Butler shooting with what looked like a six shooter. He was shooting in an East direction. I did not see anybody but Fate Elder in the direction in which he was shooting. He was right at Fate Elder he was very close to him. I do not think there was more than two or three shots fired before Fate Elder fell. Sykes was to the side of Fate Elder do not think he was more than five or six feet from him but could not tell the distance. Sykes seemed to have his attention directed toward Fate Elder. When I noticed Fate he was sorter stooping down and throwing up his hand. He was motioning toward Sykes. There were two or three shooting at that time. I did not notice positive who anyone else was that was shooting but it was all right there together near the hack and the tree in front of the hack. I noticed Fate when he fell, he fell sorter on his left side. Sykes was rather between Fate and hack when the shooting commenced but do not know exactly where he stood when Fate fell but all were up there together. Before the shooting I noticed two Mexicans come up and get down with guns I took to be Winchesters but did not notice Fate until after the first shot. The rest of the shooting was done so fast I could not tell who it was shooting. I did not know Bud Elder was behind me until after Fate had fell. I thought after that had ceased it seemed that they commenced directing their shots toward the house (residence of Mr. Dailey). I heard firing behind us. I turned around and looked that way. I then saw William Butler and Bud Elder with six shooters right at each others heads and seemed to be shooting at each others heads. I can not tell how many shots were fired but Bud Elder fell. That was all I saw of that. I did not see anyone shooting at either of the Pullins. I think it was about 12 o'clock the shooting begun. It was Sept. the 6th, 1886 at Daileyville Karnes County, Texas. I think those Mexicans kept their guns after the shooting. I saw one other man walking around with a gun. Him and two Mexicans is all that I noticed with guns. I cannot identify only Bud Elder, William G. Butler, and Sykes Butler as persons who were shooting though I think others were shooting. I saw one other man shooting but cannot be positive as who it was and I could see Sykes with a pistol in his hand and throwing it down like he was shooting but cannot say positively that he was shooting. I could not tell anything about whether the smoke was coming out of the pistol or not. I am not positive as to who either of the Mexicans were but I think one of them was the one that was charged with killing Hughs (Epitacio Garzia)."

Page 2 JOHN H. TRIMMEL testified: "I was standing in the yard near the rear of the store house on the east side of the house with my back toward the front of the front where the shooting began. I had not seen any difficulty until I heard the first shot. I then ran down toward the gate in the direction where the shot was fired. I saw nothing but a lot of smoke and heard a bullet or two whistling. I turned then and went back into the back room as fast as I could. I told Uncle Monroe Choate to come with me when I started to run back. When I ran up to the gate I found W. G. Butler there with Uncle Monroe Choate. Several shots had then been fired. I did not see Mr. Butler shoot nor did I see him with a pistol. I did not come out until the firing was over. I then found Henry Pullin, Fate Elder, and Bud Elder dead and Hiram Pullin and Jack Bailey badly wounded."

Page 2 JAMES WRIGHT testified: "I had not seen any indication of any difficulty in this matter until I heard the shots. I was sitting inside of the yard in the East side of the store house against the wall when I heard the shooting. I at once without even looking toward the shooting ran into the back room of the store house. I found Monroe Choate and John Trimmell and several others in there. I did not come out until after the shooting. I then went over to Mr. Dailey's house and remained for some time. I did not see Fate Elder, Bud Elder or Sykes Butler or the Mexicans at any time during the shooting nor at any time for several minutes after the shooting."

Page 2 WILLIAM CHOATE testified: "When this difficulty came up I was inside the yard on the east side of the house. I was talking with someone when I saw Monroe Choate and William Butler were near me. I saw two men I think they were Mexicans coming up and I remarked that there comes two men with the longest guns I ever saw. Only a few seconds after, I heard a gun fire. I then saw several men running about. I then run into the back room of the store and did not come out until after the firing ceased. I came around to the front. I think that between 50 and 75 shots were fired. Jack Bailey and Hiram Pullin were in the yard east of the store house. Fate Elder was out south of the store house between two trees in front of the hack. Bud Elder was in front of the west room."

Page 2 R. A. LITTLE testified: "I was under a tree about 20 steps from the S.W. corner of the store house. George Little, Dr. Dailey, and several others were there. Fate Elder had just walked away. Brother George remarked as those Mexicans came up "There are two men violating the law." I was looking at Molair Mayfield lectioneer with two negroes who were west of where I was sitting and in an opposite direction from where the Mexicans were. When the first shot was fired, I popped up to see who fired the shot, but the shots began so thick I did not see who was shooting. I saw the barrel of a gun but did not see who had it. I then moved farther west and did not come back until after the shooting was over. I then found Fate and Bud Elder and Henry Pullin dead. Jack Bailey and Hiram Pullin shot down."

Page 2 CHARLES COLEMAN testified: "I was inside the yard near the gate when the shooting began. I had seen no indication of any trouble until I heard a shot. I then looked out in the direction of the shots when I saw some horses cutting up. The next thing I remember to have seen was Fate Elder fall. Several shots had been fired before I saw him fall. I could not tell who shot him, there were several persons near Fate when he fell. I did not see Fate shoot or make any motion like he was going to shoot."

Page 3 SAM O. DAILEY testified: "Just before the shooting in which J. L. Elder and the others were killed, I was standing about 5 steps in front of the store house near the east door. I saw two Mexicans coming up to a hack in front of the store. They both had guns. I saw Newt Butler standing near the hack. I saw Jack Bailey go out there and talk with Newt Butler. I then saw Fate Butler go out there. Then I turned to walk back to the store but before I got into the store I heard a shot, and turned and saw the crowd scattering but could not see who shot. I then saw Bud Elder pop out of the front door at the west room to jerk his six-shooter and fire toward the gate. I then looked toward the gate and saw William Butler coming out of the gate. I saw Bud fire three shots. I did not see Mr. Butler shoot. I then went into the house."

Page 3 JACK PULLIN testified: "I was sitting back near the rear of the house when the shooting began, and had noticed the two Mexicans ride up with guns and think they pulled their guns out of their scabbards when they tied their horses and walked up toward the hack. I think I saw Jack Bailey going out that way. Soon after, I heard a shot. I looked back that way and could not tell who was shooting but I saw that they were shooting toward where I was and I then went into the house and did not come out until after the shooting."

Page 3 JAMES PULLIN testified: "I was coming from a mesquite tree that stands about 40 yards in front of the store house toward the gate. When I got about opposite the hack about 15 steps from the hack, Mr. Elder passes behind me going toward the hack. I saw two Mexicans who had guns. The black Mexican walked up toward the fore wheel. Elder went toward the black Mexican. I noticed that Elder was whittling and just before he got to the Mexican he put down his knife and put his hand like he was going to draw his six-shooter but did not see a six shooter. The black Mexican pointed his gun toward Elder and shot. Elder jumped to the left. The Mexican kept advancing and shooting. I then went about 30 steps farther west. I stopped at the second shot, after running about 30 steps. I turned and saw Fate Elder fall. The black Mexican was in front of Elder and close to him. I did not see anyone as near to him and Fate Elder was facing the Mexican. Fate seemed to double up at the second of the shots made by the Mexican. I did not see anyone but the Mexican shoot. I then saw Bud Elder fall. He was working his pistol like he was shooting when he fell."

Page 3 TOM PULLIN testified: "I was at the gate when the Mexicans rode up and got down and pulled out their guns, walked up to the hack. Fate Elder went up meeting them. The Mexican threw up his gun like he was going to shoot. I turned my head and heard a shot. I did not see him shoot. I then ran and saw no more of it. After the shooting, I saw the two Mexicans standing there with guns. I took one of the Mexicans to be Epistio. Newt Butler, Jack Bailey and several others were out near the hack when the shooting began."

Page 3 ALF TAYLOR testified: "I saw two Mexicans ride up with guns and draw the guns from their scabbards and come up to the hack. Some little time afterward perhaps a minute or longer, I saw the black Mexican draw his gun and shoot. From where I was standing I could not see who he shot at. I was standing about 10 steps from the hack. As soon as I heard the first shot, I ran off and did not see any more of the shooting."

Page 3 CHARLES CAMPBELL testified: "I arrived at the store house about 10 minutes after the shooting. I heard the shooting. I was between two and three hundred yards from it. I could see what looked like 10 or 12 persons shooting about 20 or 30 steps in front of the store house. I then went down to the mill and stayed a few minutes and came back. When I got there I saw Bud Elder and Fate Elder and Henry Pullin dead. I saw several parties with guns. I saw Eli Harrell with a gun and two Mexicans. One I took to be Patacio Garcia, and Hugh Pace had a gun. Several others had guns but I do not remember who.

Page 4 LEWIS COOPER testified: "I was near the east door of the store house on the outside when I saw two Mexicans ride up with guns. I afterwards noticed them down and just behind the hack with their guns in their hands. Jack Bailey and Newton Butler were talking together near the side of the hack. Somewhere between the hack and the house. I saw Fate Elder go up in front of the Mexicans and I saw him make a movement with his gun and fire toward someone. Fate about the same time jerks his six shooter and threw it over like he was in the act of shooting. I then run and did not see any more during the shooting. One of the Mexicans I did not know but one I think was Pitacio Garcia. They had very long barrel guns."

Page 4 NORRIS McLAIN testified: "On the day of the killing of I. L. Elder, J. J. Elder and Henry Pullin and Jack Bailey I was a clerk of the election there being held. I was inside of the election room when the first shot was fired. From where I was I could not see to where the shooting was but Bud Elder who was in the room where the election was held popped up and drew his pistol and ran out the front door. I then went out the back way to where my wife and mother were and I did not see who did any of the shooting. I saw the two Mexicans with guns after the shooting. I knew one of them, it was Epitacio Garcia."

Page 4 P. B. BUTLER testified: "When this shooting and killing of I. L. Elder and others began, I was about 10 or 15 steps directly in front of the gate that stands at the south east corner of the store house. The first indication of difficulty or row was Fate Elder going up in front of the Mexican Epitacio Garcia and Garcia drawing his Winchester out of the scabbard. Fate was about 8 or 10 feet in front of him and had his pistol out. When Fate walked off to the left where the mesquite was in front of the hack. I heard a shot when he started. I could not tell who fired it but thought he acted like a man that was shot. I saw then that the shooting was toward me. I then turned to move out of range of the shooting. At about the time Fate got to the tree the shooting commenced being more general and when I looked again he was down. I did not see who shot him down. Jack Bailey was a few seconds before the shooting standing out near the hack at the northeast of the hack right close to where Fate was when the shooting began. Newton Butler was there, two others were there, but I cannot now recollect who they were. Alf Taylor, John Sullivan, and Fate Butler were there. We were all close together talking a few seconds before the shooting. I saw William Butler and Monroe Choate walk out together into the yard. When I turned to walk off during the shooting, I saw Bud Elder standing in front of the west room shooting toward the gate. I looked to see who he was shooting at and I noticed William Butler coming from toward the gate toward Bud. When I first noticed William was not shooting but I saw him shoot afterward and he seemed to be shooting at Bud Elder. I think there were about 25 or 30 shots fired and may have been more. I thought I saw the Mexican draw out his gun and saw several other men with guns. I do not remember to have seen anyone else shoot but William Butler and Bud Elder but I heard two shots fired in the yard, like two persons were shooting and heard Jack Bailey say "Don't shoot me. I don't want to hurt anybody." When I heard him hollering I went into the yard. I found him lying about 10 steps east of the gate in the yard. I think Bill Choate got there about the time I did and think Jim Wright got there about that time. I am not positive though. About the time of the windup of the shooting I saw Sykes Butler standing out between the place Fate Elder was killed and the store house. He had a gun in his hand that I took to be a double barrel shot gun. I did not see Sykes at any other time from the beginning of the shooting to that time. I did not see Newton Butler during the shooting. I did not notice Fate Butler at any time during the shooting. I saw him a minute or two after the shooting but I do not recollect exactly where he was then but think he was about the front of the store. He did not have a gun or pistol when I saw him. I noticed Garcia and the thick heavy-set black bearded Mexican with guns just after the shooting. I think I saw Louis Cooper have a gun and some one that I thought to be Will Harrold have a gun. The shots that were fired in the yard seemed to be fired near the hack or wagon that stood between where Jack Bailey was lying and the store house just after the shooting not more than a minute after that. I think I saw Daniel Butler. He was in the yard not far from the hack or wagon. I did not see him during the shooting. I think the first shot was fired about where Elder was. I do not know who fired it. I did not see Jack Bailey at any time after the firing of the first shot until after I saw him down in the yard. I saw Henry Pullin during the shooting. He was down on his hunkers or falling down at the gate. He was in front and apparently in range of Bud Elder's pistol. About that time I saw Hiram Pullin apparently falling under the hack in the yard and as I passed him he said "I'm killed - get a doctor for me quick." He did not say who shot him. He appeared to have been going toward the gate. He did not seem to be in the range of Bud's pistol where he was lying. I do not think that Bud was over 4 feet from the front door of the west room."

Page 5 ANDREW M. NICHOLS testified: "I was in the little side room where the election was being held when the shooting began. I had not seen any indication of a difficulty until I heard a shot. I turned my head in the direction of the sound toward the front door when I felt something strike me in the face that I thought was splinters from the ball that had been passed through a plank in the wall. I then went out the back door. I went around the house and went around to the gate in the east side. I had just got out of the back door of the west room when the shooting ceased. After the shooting I saw Epatacio Garcia out near my hack with a gun in his hand and I shook hands with him. I think the gun he had was a Winchester."

Page 5 W. G. ORTIZ testified: "I was about 150 yards from the crowd and coming toward them when I heard the shooting begin. I did not recognize anyone. I turned and run back where I saw other men running away. After the shooting I came back and saw Epitacio have a Winchester and another Mexican with a long black beard have a Winchester."

Page 5 JOHN SHULER testified: "I was standing about 15 or 20 steps southeast from the southwest of the room in which the election was held. I was talking to three negros. Moliar Mayfield was also talking to them. When one of the negros remarked "We had better be getting away from here. There is going to be some shooting here in a few minutes." In about a minute more he repeated that they had better be getting away. Almost by the time he said that I heard a report back in an eastery direction toward a hack. I looked around back there and saw Fate Elder sorta stagger. I did not see who did the shooting but looked back and saw Fate fall. To the best of my recollection Fate was on the far side of the hack from the store and the Mexican in the rear of the hack. I saw three or four other men there near Fate but did not recognize them as I am not acquainted there. I saw some three or four shooting with Winchester rifles and shot guns. I did not see a pistol. I saw Fate drop behind the hack from me. I was standing about the same place then as I was when it began. The four men I saw with guns were there by the hack when Fate fell. As soon as Fate fell they all commenced shooting at Bud who was just coming out of the door of the election room. One of the men was a heavy set Mexican, the other was a tall young man that looked to be 16 or 17 years old. He wore a right new white or dove colored hat, tolerable broad brim and the brim stood straight out. He was shooting a breach loading shot gun. I saw him shoot both shots and threw the hulls out and put more in. I saw a man walk up and shoot Bud Elder after he was down but there was so much smoke I did not identify him."

Page 6 JAMES M. NICHOLS testified: "I was in the store room talking to V. O. Barfield when the shooting began. When I heard another I turned my head around. I raised up about that time and looked toward where the shots were fired. I then saw Sykes Butler make two steps toward Fate Elder with his hand up. I did not see whether there was a pistol in his hand or not but Fate had his back to Sykes and was going from him. He was pretty close to him, his hand was not over three feet from Fate. There had been two other shots fired. I then went to the back room and did not come out until the shooting ceased. I saw Eli Harrold, Louis Cooper, and Epitacio Garcia with guns after the shooting."

Page 6 M. M. MAYFIELD testified: "I was standing out west of the store talking to three negros, Charley Woody, Henry and John Dosse. John Shuler was also talking to them and I saw two Mexicans ride up. I asked Henry Phill who they were and he replied "That's Pitacio." I then asked him, Phill, if he could vote and he replied that he did not know. I then said "I'll go talk to him." He, Pitacio, said he could not vote not being a citizen. I then addressed the other Mexican asking him if he could vote and he said he did not know whether he could or not and declined to make the effort. They then rode off in a east course and hitched their horses about 150 or 200 yards from the store and immediately returned walking to a hack standing near where Fate was killed. My attention was called in another direction and I heard someone say "Look yonder, they are going to shoot.' I then turned and looked in the direction of said hack when I saw a gun held up and immediately heard the report of a gun or pistol. I immediately started off again in a north east course going until I reached a point beyond the store house where I stopped and remained until the firing had ceased. I don't know who had said gun."

Page 6 H. H. PUCKETT testified: "I was in the yard east of the store house a few steps near the gate under some live oak trees. Bill Choate made the remark "There are some men with the longest guns I ever saw." I looked up and saw two men riding up toward a hack south of the store. I supposed that they were Mexicans. I paid no more attention to them. I then noticed Fate Elder going up toward the hack. I noticed that when he got within about 10 steps of the hack he walked faster like a man that was excited. When he got within two or three steps of Newton Butler and Jack Bailey he jerked out his pistol and from where I was it looked like he threw it down on Newton Butler. About that time I heard a shot but did not know who fired it but it was out in that direction. I did not see any more that happened out there for I ran to the back door of the store. As I turned the corner of the store I turned my head and saw Jack Bailey fall inside the yard. I think William Butler was just inside the gate when the firing commenced. I am not positive but know he was about a minute before."

Page 6 H. M. DONALDSON testified: "I was out about 30 steps in front of the store, west of the front door and I was talking to Fate Elder. Jack Bailey was standing in the store door. I saw Newton and Sykes Butler ride up and hitch their horses out near the hack in front of the store. In about a half a minute I saw two Mexicans ride up and come up near Newt and Sykes, and Jack Bailey went out to them. Newt stepped a few steps and met Jack and they seemed to be talking. Just before Jack met Newt, Fate stayed out there and reached there nearly as soon as Jack did. Fate was whittling when he started. He walked rather fast. I was looking toward them when the first shot was fired. I could not tell who fired. Fate staggered over like he was going to fall at the first shot. I did not notice what Sykes or Newt either did after the first shot. I did not see Fate, Sykes, or Newt draw a pistol. I was about 50 steps from them when it began. After I saw Newt and Sykes get down, I saw William Butler going toward the store. He went into the gate and just as he went he turned and looked over toward where Fate and I were and noticed that he had on spectacles a thing I never saw him wear before unless he was reading or writing. I do not think there were less than 60 shots fired. As soon as the shooting got under headway I moved rapidly away."

Page 7 JAMES MONROE CHOATE [famous cattleman and trail driver of '66] testified: "Just a minute before the shooting, William Butler who was about the gate, called me. I went to him but he had walked a few steps back into the yard near a live oak tree. Just as I came up to him, I heard a shot but the tree was directly between me and the shooting and I did not see anyone that was shooting. I did not see a pistol or gun during the shooting but I heard a number of them. I did not see William, Newt, Daniel, Fate, or Sykes Butler during the shooting nor did I see Fate or Bud Elder or Jack Bailey to notice them during the shooting. I ran into the house while the shooting was going on."

Page 7 HENRY PHILIPS (COL) testified: "I was out southwest from the store house with Charley Woodie, John Dosse and John Shuler and Moliar Mayfield when I saw Fate Elder going toward a Mexican. I then saw a Mexican in front of Mr. Elder. He pointed the gun toward him. I said to Charley Woody "We had better be getting away from here, it looks like there is going to be a fight." I ran off and did not see any more of it. I stayed off until the shooting ceased. Before the shooting some right smart while, I saw Newt Butler out about the hack in front of the gate and store. I did not see anyone shoot."

Page 7 CHARLEY WOODIE testified: "I was out southwest from the storehouse talking with Henry Philips, John Shuler, and Moliar Mayfield when I noticed two Mexicans ride up, hitch their horses and take their guns and walk up toward the hack. I saw Mr. Fate Elder who was talking to someone out near the front of the store get up and walk toward the Mexican. I then saw one of the Mexicans, the one who was in the front throw up his gun like he was going to shoot. He pointed the gun toward Mr. Elder. I did not wait to see him shoot but ran off. About the time I started I heard two shots right near together. When the shooting ceased I was about 100 yards from where I was when it commenced. I came back then and saw the Mexicans with guns. I did not see any one shoot. I saw Mr. Choate about 5 or 10 minutes before the shooting standing just outside of the gate."

Page 7 CEBERO SANCHEZ testified: "I was lying under a buggy just east of the hack outside. I was lying with my face down and trying to go to sleep. The first I knew of the difficulty was hearing the shooting. I jumped up and started out first on one side then the other. After I got out I looked around. I think that 15 or 16 shots had been fired. I noticed both of the Mexicans shooting with guns. They were shooting toward the storehouse. I did not look toward the store, did not see anyone else that I knew. When I left the buggy I went about 30 steps east and got behind a large mesquite tree before I looked back. I do not know who the Mexicans were, I never saw them before."

Page 7 WILLIAM G. BUTLER testified: "I was just inside of the gate in the yard and Mr. M. Choate was standing beside of me. My face was toward the south. I saw Fate Elder walking very fast like he was going to do something. I did not know what. He was going in the direction where Newton Butler was. Just before he got to where Newton was, Newton standing talking to Jack Bailey … had the back of one side to Fate, he Fate pulled out his pistol and pointed it out in front of him and about that time I heard a shot and thought it was Fate that had fired. Newton and Jack both jumped. At the time I thought Fate had shot at Newton. I then ran out of the gate. I did not look over there any more. I do not wish to testify to what happened right in front of the store when I came out of the gate. I saw several parties with guns after the shooting but everything was in such confusion that I cannot remember who they were. Just a few minutes before the shooting I noticed several persons out by the hack that I took to be Mexicans. The first thing I remember to have noticed after the shooting was hearing some hollering back in the yard. I ran around there and saw Jack Bailey lying there. From the beginning of the shooting to the ending of it, I did not see any other one shoot except Bud Elder. I did not see Epitacio Garcia for a day or two before the shooting. He did not tell me he would be there. I had not been informed that he would be there. I did not notice whether he had a gun or pistol or either. I saw E. Garcia and I saw him come riding up and stop in the rear of our hack and tie his horse. I had not seen him in three or four weeks before that and maybe more. I went off two or three times to a bottle before the shooting began. The Mexican that was with E. Garcia, I think was John Coy and is sometimes called Bevheola. He is not a brother to the policeman Coy. I had not seen him for a month before that, about the same time I saw E. Garcia. They were together the last time I saw them."

Page 8 SYKES BUTLER testified: "I was right by the hack when the trouble began. Newton was out there just the minute before when Jack Bailey called him off. The Mexicans were also out there. I saw Garcia and a Mexican I had heard called Bevheola or some such name ride up and hitch their horses. When I first saw Fate Elder he had walked to about 15 feet of me. He came right straight on toward me until he got in about 3 or 4 feet in front of me and I saw him jerk his six shooter as if to bring it up. I dodged down as I did not know whether he was drawing it at me or not as he was coming toward me. As I dodged down I heard somebody shoot. I did not know whether it was him or not. Then he jumped and ran sorta to my right. I then sorta jumped off a few steps and then I saw Pa and Bud Elder shooting at one another and I ran toward them. When I got to about half way I saw Bud fall. When I first saw Bud he was sorta down on his knees. As soon as I saw him fall, I stopped then and walked on toward where I heard some one hollering. When I got to the fence I saw Jack Bailey down. I did not notice Fate Elder after I jumped up until I saw him down after the shooting. I saw Garcia and the other Mexican at the Hunter ranch four or five days before the shooting. They were together."

Page 8 F. R. GRAVES testified: "By previous engagement I went with Fate Elder to the election. I did not at any time hear him mention that he thought there would be any trouble there and on the way, asked me if he could have a man for whom he had papers arrested after he had voted. I told him he could not unless it was for a felony if he was a voter. But if he was not a voter, he could. Just before we got there he mentioned having seen, in San Antonio, the man that Newt Butler was accused of hitting at the restaurant at Kenedy and said he wondered how Bill Butler had heard that he had anything to do with trying to get the man to bring a civil suit against Newt as he had not heard about or mentioned such a suit until he heard that Bill Butler had charged him with it. He then remarked that if Butler was at the election he was not going to say a word to him about it as it was election day and I got him to promise to never say anything about it. About 12:30 o'clock I suppose, I walked down to the live oak tree that stands southwest of the election room. Fate Elder, Monroe Choate, George Little and several others were out there. Very soon, Fate walked off. Mr. Choate was also informed that William Butler wanted to see him and he left. I was sitting down with my back eastward when George Little remarked: "There is a man violating the law." I looked out toward the hack that stood southeast from the store. I saw Newt Butler and Jack Bailey meet there. I saw Sykes Butler also there and saw Fate Elder going in that direction. I then thought he was going to Newt but I soon saw him make a quick movement as to pull his pistol around further front. I then saw Jack Bailey jump forward as if something was wrong in the rear of the hack. About that time I heard a shot that was fired in the rear of the hack but I did not see who fired. I then noticed Fate with his pistol raised rush toward the front of the hack and someone running after him pointing a pistol at the back of his head. Fate seemed to be trying to shoot someone that was on the southeast side of the hack. Just as Fate walked about half way between the two traces in front of the hack I saw this man that was running after him put his pistol to the right back part of Fate's head and fire and the shot made Fate's hat bounce up into the air and Fate fell forward. I distinctly noticed how it was done but as I never expected that there would be any mystery as to who did it, I did not notice particularly who - but I was strangely impressed that it was Newt or Sykes Butler. But I think that is because I knew they were there. So I do not know who the party was. But the person came from toward the hack or near the hack on the west side. I thought at least he was coming from that direction and I saw him with a pistol in his hand and his hand pointed out toward Fate's head and I saw him fire the pistol when it did not look like the muzzle of it was more than 4 inches from Fate's head. I did not see Bud Elder during the shooting. I did not notice William Butler or either of the Choates during the shooting. After the shooting I noticed several men with guns. Some of them I did not know. I saw Epitacio Garcia with one and I saw Sykes Butler put a shot gun into the hack. Sykes Butler was standing between the hack and the house when the shooting ceased. He seemed to be loading his shot gun. I picked up a shot gun shell where he was standing. I did not notice Jack Bailey after the first shot until I saw him lying in the yard. I asked Jack to tell me about it and he said he could not then. But after a while he said the Mexican started it first. I did not any time see any of the Choates have a gun or do anything like they had anything to do with the shooting and Monroe Choate did seem to take and entrust in and care for the dead and wounded."

Page 9 TOM OLIPHANT testified: "I was out at the east side of the store when this matter begun. John Trimble was there with me. I had not noticed anything before I heard the guns fire. I looked toward the shooting and saw men in a stir but did not recognize them. I think I saw some one shoot but did not recognize who it was but it was out in the trees by the hack in front of the store. I ran then behind the house. I heard Jack Bailey holler "Oh Lordie" and I looked and he was lying down in the yard. I then heard another shot out near the hack and Jack said: "Don't shoot me…I never done nothing." About the time I heard that shot, I thought I saw the dust fly out of Jack's right pants leg. Jack was then lying with his feet toward the house, his head from the house. When the shooting commenced, Mr. William Butler and Mr. Monroe Choate was inside the big gate. Mr. Choate run behind the house. I saw Daniel Butler just before the shooting walking around in the yard. I do not think there was a shot fired in the yard but I cannot say that there were not. I could not tell where the shots that were fired were fired from. That is, I could not tell the shots were at the front door or those at the hack."

"The preceding pages were written in ink with a flowery Spencerian handwriting. The original pages are in pretty bad shape, and are crumbling badly. They were loaned to me for the purpose of copying them, through the courtesy of Mr. Warren Livingston, Kenedy, Texas."

Page 10 Eli Harrold says: I was living with W. G. Butler at the time of the Daileyville killing and had been for eight or nine months. On the morning of that day, John Trimmel, Sam Dailey, Charles Coleman, Sykes Butler, Will Harrold and myself went from the W. G. Butler's to Newton Butler's house to make a roundup. Newton Butler said we would go to the election and vote and make the roundup in the evening. We were all armed with Winchesters and six-shooters except Dailey who had only a pistol, and Coleman who had nothing. We were all working for W. G. Butler. We all carried our arms all the time in the pasture. Newton Butler said it was against the law to carry arms to the election and we must not carry them there. We all started to the election. Newton and I started after the others had started and we went by a bottle of whiskey out a few hundred yards from the house, got a drink, and when we got to the gate opening of W. G. Butler's enclosure, Newton and I went to a small motte some distance from the gate, just inside, and left our arms. We saw there the arms of the other boys. We then galloped on and overtook the other boys in about ¾ of a mile outside the gate and then we all went on together. Got to Daileyville and knocked around until 12 or 1:00 when the killing occurred. I was leaning against the back end of the Nichols hack and Sykes Butler was to my right leaning against the hack and Will Harrold was to his right leaning against the hack's hind wheel. I noticed then two Mexicans ride up and alight. They drew their guns from their scabbards and came near the hack and stopped and asked: "Can we put our guns up here?" No reply was made by anyone and they stood their guns in their hands, the breach on the ground. Just then I saw Jack Bailey start from the front of the store toward the hack. When about 6 steps from the hack he came to where Newton Butler was standing and stopped to talk. I noticed at this time, Fate Elder start toward the hack from a tree some hundred yards away. He was whittling when he started. He walked fast and when he got to the road he put up his knife and with his left hand pulled his pistol around to the front of him. When about 7 or 8 steps, he drew his pistol and presented it toward the Mexicans and one of the Mexicans, Juan Coy I think, said to him: "Stop." Elder did not stop but kept right on toward the Mexicans with his pistol presented. The Mexican Coy said again "Stop" to Elder and Elder then jabbed his pistol to the right side of the Mexican and a gun fired. I thought at the time it was Elder that fired. Elder then started to the left jabbing his pistol out in the direction of the two Mexicans. Seeing that I was about to be between Elder and the two Mexicans I ran out between them. Sykes and I and William Harrold all ran out together. We went around a treetop and some horses tied near it and stopped. We there met Newton Butler. At that moment there was firing back toward the hack and down in front of the store, and looking toward the store I saw Bud Elder and W. G. Butler shooting at each other. I saw Bud Elder fall. I did not see Fate Elder fall. Fate Elder said nothing to the Mexicans, not a single word and as he approached them he looked like a man about to shoot. I went to Daileyville to vote for the local option. Did not go to fight anyone. Neither W. G. Butler nor anyone else told me there would be a difficulty that day. I did not dream of such a thing until the firing commenced. I saw Coy and Garza about one month before the Daileyville killing. Met them both together in the road near the gate leading into the Rosser Pasture. I had not seen them since the day of the killing. They had not worked for Butler for a long time.

Page 10 John H. Trimble says: On the 6th of September last year I was in the employ of W. G. Butler, had been working for him as a boss hand seven or eight months. I was at W. G. Butler's house that morning and saw Andy Nichols there. He had his hack and left driving it. He had, when he left, nothing in the hack except some sacks and a blanket on the seat. He had no arms in the hack when he left that I saw. I, in the company of Will and Eli Harrold, Charles Coleman and Sam Dailey went over to W. G. Butler's that morning to see if we would round up the pasture that morning or wait until evening. Newton said we would go and vote that morning and round up in the evening, that the cattle would have to stand up. He said for all to leave their guns that it was against the law to carry arms when an election was held. All of us then started to Daileyville except Eli Harold and Newton Butler. When we got to the gate that opens out of the pasture we went to a motte some 50 yards from the gate on the inside and there left all our arms. When we had gotten some ¾ of a mile beyond the gate, Newton Butler and Eli Harrold overtook us. We all then went on together. I hitched my horse at the live oak tree to the southwest of the store door and the other boys hitched close by. I mixed with the people shaking hands with them, saw no one armed except the sheriff and his three deputies. I saw two horses with Winchesters on the saddles. There might have been others but I did not notice. Everything was quiet until the difficulty occurred. When the first shot was fired, I was standing talking with Tom Oliphant near a wagon on the inside of the yard. Between me and the gate was Mr. W. G. Butler and my uncle Monroe Choate were standing together. At the first shot I went toward the gate. Mr. W. G. Butler started out of the gate. As I run a second shot fired and when I got to my uncle I heard a third shot just in front of the store. At this moment Mr. W. G. Butler was standing just outside the gate and looking toward the hack. When the second and third shots were fired and Jack Bailey was running with his pistol in his hand and came as if to enter the gate. I caught my uncle, pulled him and told him to get away. We ran around the corner of the store and into a back room of the store. The firing ceased shortly after I got into the room. I came out after the firing ceased and saw what had been done. I saw Fate Elder's pistol lying near his body. It was half cocked. It had been snapped twice I think, I know it had snapped once. I looked into Nichol's hack after I got to Daileyville. It had no arms in it then. I did not go to Daileyville to fight, I went to vote for local option and voted for it. I know nothing of any conspiracy by Mr. W. G. Butler and others to fight there that day. I am satisfied there was no such conspiracy. It could not have been without my knowing it. Mr. Butler always told us to keep out of difficulties. The last time I saw Juan Coy before the Daileyville killing was at the Rosser ranch about four days after he killed the negro in Wilson County. And the last time I had seen Epistacio Garza was the day before I saw Coy. Since then I have not seen either one and neither one has been in the employ of Mr. Butler.

Page 11 Will Harrold says: On the 6th of September last I was working for W. G. Butler. Had been working for him off and on for about a year. Was at his house on the morning of the difficulty. I saw Andy Nichols there. He had his hack. It was standing in front of the yard gate. I saw no arms put into it. I was in the front yard and if any arms had been put into it, I could have seen them. Dr. Dailey was at Mr. Butler's that morning. I think he started first to go to Daileyville, then Mr. W. G. Butler and Andy Nichols who rode in the hack. They all started about the same time. I and John Trimble, Sykes Butler, Sam Dailey, Charles Coleman went over to Newton's that morning (Here the witness corroborated Trimble and others until they got to Daileyville). At Daileyville I mixed with the people, saw no one with arms except the sheriff and his three deputies. I did not vote. They said I could not vote. I offered to vote. I was standing leaning against the left hind wheel of the Nichols' hack when the first shot was fired. Eli and Sykes were standing against the back of the hack. I saw two Mexicans Coy and Garcia coming to the hack or rather standing about 3 steps in the rear of the hack. At the same time I saw Jack Bailey come from the front of the store and stop to talk with Newton Butler some 8 or 10 steps from the hack in between the hack and the house. I then saw Fate Elder coming from the direction of a tree where I had noticed him standing a few minutes before. He was about the road when I first saw him and he was in the act of pulling his pistol around to his front and to his left side. He was walking fast and he did not take but a few steps until he drew his pistol from his scabbard with his right hand. He came right on and I saw from the way he was looking that he was going toward the Mexicans. When he was about 8 steps, he presented his pistol toward the Mexicans when one of them, Coy I believe, said "Stop." He did not stop but went right on and I again heard the Mexican Coy say "Stop." Just then Fate Elder threw his right side to the Mexicans, jabbed his pistol out as though to shoot and I heard a shot. I thought it was Elder at the moment that fired. At the report, Elder made sort of a noise like "Oh," and started to the left sideways and jabbing his pistol toward the Mexicans as if he was shooting or trying to shoot. I saw from the way he was moving I was in between him and the Mexicans and I ran out between them. Sykes Butler and I ran out we ran toward a fallen tree and some horses. I looked back as soon as I got out from the place between the Mexicans and Elder and I saw Elder still moving sideways jabbing his pistol and going toward some trees just in front of the hack. The two Mexicans were passing around the rear of the hack and advancing on him. Myself, Sykes, and Eli went around the fallen tree and horses on the right and as we passed around the horses I noticed Newton Butler just to my right and moving in the same direction. He stopped just beyond the horses and I then heard a shot toward the store. I looked and saw Bud Elder shoot at William G. Butler. As Bud Elder fired, W. G. Butler stepped one or two steps backward. Immediately after that fire, Mr. Butler drew his pistol and began shooting at Bud Elder and rushed on him. They continued to shoot until Bud Elder fell. I know there was no gun in the hack a half hour before the difficulty. I was sitting in the hack and there was nothing in it except some sacks and just before the shooting I was by the hack and there were no guns in it. Sykes Butler had no gun just before the shooting. I saw him with a shotgun when he got around behind the horses, did not see him use it. Don't know where he got it. I never saw him have it until we got behind the horses. I did not notice Eli with a gun. I did not see what Sykes did with the shot gun. I saw two Winchesters on saddles on horses, one was on Jack Bailey's saddle and the other was on a horse tied to a tree that I went around. There may have been others but I did not notice them. I did not see Fate Elder when he fell and did not examine his pistol after he fell. Fate Elder never said a word as he came to the Mexicans. When the Mexican told him to stop, he made no sort of reply and kept right on with his pistol presented. I went back and got my gun and pistol that evening. Newton Butler, John Trimble and Eli went with me. Fate Elder came to the camp of Mr. Butler about two months before the killing and was hunting Juan Coy. He then and there said he did not know Coy, that he did not know there was such a man as Juan Coy until he heard of his having killed a negro. I saw Coy on Tuesday or Wednesday after he killed the negro in Wilson County on Sunday. I saw him at the Rosser tank watering his horse. Never saw him afterward until the day of the Daileyville killing. The last time I ever saw Garcia before the Daileyville killing was the time at the Floresville District Court when his case was dismissed.

Page 12 Alfonso Coy says: I was at Bill Young's house on Tuesday after Juan Coy is said to have killed a negro in Wilson County on the Sunday before. Fate Elder came there with Jack Bailey, Sonny Drake, and five other men. He asked me if Juan Coy was at W. G. Butler's camp. I told him I did not know. He asked me if Juan Coy was my brother. I told him he was my cousin. He said: "I do not know this Juan Coy, I had never heard the name before." He said for me to go and show his men where Butler's camp was. He himself went into Young's house to get some breakfast. I started with the men and did not go far until Jack Bailey wanted to arrest me, saying I was Juan Coy. Sonny Drake told him no, my name was Alfonso Coy, that he knew me well. I went with the men to the camp and Fate Elder came afterward. Juan Coy was not there. A man by the name of Hill and Eli Harrold were there. Some two weeks afterward Bud Elder and Jeff Ammons and some other men came to my house looking for Juan Coy. I know that Juan Coy never lived in Karnes County and he was not known here.

Page 12 Dr. Samuel G. Dailey says: In addition to the testimony he gave on the H. C. trial of Sykes Butler: I, as a physician, treated Jack Bailey after he was shot. When I first went to him, I asked him how he was shot. He replied: "In the leg." I examined his wounds and found two shots in the left leg. One passed through the left side of the leg from rear to front, straight through making a flesh wound only. This was nearly opposite the knee joint, being just above. The other shot entered on the left side of the leg and passed near to the knee joint breaking it in three places the bone above the knee joint and passing on to the inside of the leg. This ball was from a pistol or Winchester. I believe the other was also a pistol or Winchester. The ball that went through the bone breaking the bone cut three holes in the pants as it entered. The right leg had one wound. The ball cut the pants between the knee and ankle passing into the ground then rose entering the thigh and up into the body. I told Bailey after examining his wounds, that by amputating his left leg, I thought he might get well. He told me to do what I thought best. After he was moved on to the gallery of the house I _ _ _ _ _ _ _ Newton Butler _ _ _ _ _ shot you?" To which he replied: "I do not know who shot me." I remained with Bailey until he died. Dr. Graves came about 1:00 AM that night and the next morning about 9:00 thought Bailey had recovered from the shock of the wounds sufficient to stand the operation. He then told Bailey that his leg would have to be amputated and then he thought he might get well if his leg was amputated. Bailey said: "I told Dr. Dailey to do what he thought was best." Dr. Graves, with my assistance then amputated his leg. Bailey never rallied from the operation and died about 1 ½ hours after it was performed. I am satisfied that Bailey had hopes of life until the operation was begun and after it was performed and until he died he was not in the same condition of mind. The immediate cause of Bailey's death was the operation. He would certainly have lived several days if the operation had not been performed. Jack Bailey told me on Friday before the difficulty that he thought W. G. Butler did not like him, but that Newton Butler was his particular friend. They were school fellows and always friends. Bailey said the Elders and the Butlers were sooner or later going to have a difficulty, that the Elders were so abusive toward them that a fight would be the result of it.

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             A gun is a rifle or Winchester.              A pistol is not a gun in 1886.
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Page 13 James Monroe Choate says in addition to what he testified in the H. C. trial of Sykes Butler: I laid out Fate Elder. His pistol was lying near him. It was half cocked. Graves picked it up and the pistol had been snapped once, and I think twice. I laid Fate Elder's head on a sack that was lying near the Nichols' hack. I think the sack had fallen out of the hack. I had been by the hack twice that day before the difficulty and I saw sacks in the hack. I thought this sack was one of them. I saw several sacks in the hack lying in a pile near the fore-end of the hack. There was nothing else in the hack except the sacks, the balance of the bed was naked. If there had been any arms in that hack, I would have seen them. There might have been pistols under the sacks but no guns could have been there. I saw Jack Bailey as he lay on the ground after he was shot. It was soon after he was shot that I asked him who shot him and he said he did not know who shot him. I stood where Bud Elder lay and looked at Jack Bailey as he lay on the ground. The opening in the gate was exactly between them. Also Henry Pullin lay in that line and Hiram Pullin had staggered off of it. It is my opinion that all of these men were struck with balls from Bud Elder's pistol. I had had a difficulty with Graves, that is, we were at outs. I was there to try to beat the local option.

Page 13 Andy Nichols says: I came to W. G. Butler's house on Sunday night before the killing on Monday. I came in my hack and brought my wife and child. Mr. W. G. Butler is my wife's father. I went to Daileyville the next morning in my hack. I took the meal sacks and a pair of blankets. I took no arms in my hack. The blankets I carried on my seat and rode on them. The sacks were lying in the hack. I had three sacks. I went to Daileyville to vote for the local option and to get some meal. I did not go to fight. If I had thought there was going to be a fight I would not have gone there. When the first shot was fired I was in the election room, at the second shot I ran out of the election room to the back part of the building and remained until the shooting was over. I never saw any shots fired. The second shot in my opinion struck the wall in the election room. Sometime after the shooting was all over, I took my hack and went down to the mill and told the miller I had loaned my hack out and could we get meal that day. I left one sack at the mill, the other two were gone. I have never seen them since. I loaned my hack to Jack Pullin that evening and he took it after his mother. I rode ____'s horse up to Mr. Butler's that night. I did not get my hack back for several days. My wife remained at her father's for several days.

Page 13 Hugh Pace says: I was at Daileyville on the 6th of September last. I saw no one armed there except the sheriff and his party until the shooting commenced. I went there with Fate Butler, went there to the election. At the time the first gun was shot, I was standing talking with someone who I do not now remember about 10 or 12 steps south east of the two mesquite trees where Elder fell. A little before the shot was fired, I noticed Fate Elder and Pleas Butler standing about the same distance from me as the trees out between the trees and the store. I noticed Newton Butler that day not far from the hack. I saw Sykes Butler and several other persons at the rear of the hack. Just then I saw Fate Elder coming toward the back end of the hack. He had a pistol in his hand and had it presented before him. I saw that he was going to a point beyond the rear of the hack and looking across the end of the hack I saw two Mexicans whom he seemed to be approaching. I heard some one say "Stop" twice in a sharp voice, then I noticed Elder jab his pistol out toward the Mexican at the same time bringing his right side toward them putting himself in a shooting position. The Mexican Coy then leveled his gun and fired at Elder. Elder bent to his left side as if hit and began moving toward his left and coming in rather the direction I was in. Almost instantly after Coy fired, Garza fired at Elder and then both Mexicans came around the end of the hack as if advancing on Elder. Coy was nearest the hack and Garza was out a little from the hack as they came around. Elder seemed to be making for some trees and as he went he was jabbing his pistol out toward Coy. I noticed Fate Butler run or move rapidly between where I stood and the two mesquite trees. He was making for some horses that were on the southeast of the trees and was going in among the horses as I last saw him. I ran toward the storehouse. Had taken a few steps when I turned my head and saw Garza shoot Elder in the head with a Winchester. Elder fell. I ran on to near the store and seeing a fight going on there between Bud Elder and William Butler and seeing that I was getting in range of Bud Elder's pistol, I wheeled back and ran toward the Goliad road and went off into the bushes. Either just after the first shot or just after the second shot was fired by the two Mexicans at Elder, I saw Sykes Butler and some other men, do not know who they were, run from the rear end of the hack and go toward the store. I do not know how far they went. I saw them start off in a run or very quick, moving in the direction of the store. I was noticing particularly the Mexicans and Elder at that time. About the time the shooting commenced I saw Bailey and Newton Butler start off toward the store. Just saw them start, don't know how far they went. I remember to have noticed that day a horse tied to the fence along which the Goliad road passes with a Winchester gun on the saddle. I saw Fate Elder's body after he fell. Other men were there. Mr. Choate and Mr. Graves were there. I saw Mr. Graves pick up Elder's pistol that was lying near Elder's body and near his hand. It was half cocked when Graves picked it up. Graves then cocked the pistol and let the hammer down. I did not notice the wounds on Elder. I went away from Daileyville with Fate Butler that evening.

Page 14 Sam O. Dailey says in addition to what he testified in the H. C. trial of Sykes Butler - I stayed the night before the killing in W. G. Butler's house. I saw Andy Nichols and Mr. Butler the morning before I left there. I also saw them at Daileyville that day. I did not know his hack nor his horses. Don't remember seeing the hack at Mr. Butler's that morning to be positive. Don't know how Nichols went to the election whether in a hack or on horseback. (Dailey states the fact of the party going to Newton Butler's that morning and their going on to Daileyville leaving their arms at the motte just as John Trimble stated it.) I did not go to Daileyville to fight. I went there because the other hands were going there to vote and I could do nothing at home by myself. I was at that time and had been for several months in the employ of W. G. Butler. I know nothing of any agreement between W. G. Butler and the Mexicans to fight the Elders that day. I know of no agreement between anyone to fight there that day. I am of the opinion that if the Butlers had had such an agreement with anybody to fight the Elders I would have heard something of it. The last time I saw Juan Coy before the day of the fight was when he was working on Newton Butler's tank about 3 or 4 months before the killing. The last time I say Epistacio Garcia before the killing was in the Rosser pasture some 8 or 10 days after the Floresville District Court. I was with Jack Bailey after he was shot. After the shooting was over he was first moved to the gallery of Mr. C. P. Dailey. While he was lying there a little rain came up and we had to move him. As we moved him he said: "I will get well, and when I do I will kill the man that shot me." I think my father and James Wright were present and heard the statement made. After that he was moved to the inside of the house and put on a bed. I heard his wife say to him as he lay in the bed: "Jack, do you know who shot you?" Jack Bailey made no reply but reached up his hands and pulled her down and put his mouth to her ear and whispered to her. I do not know what he said.

Page 15 Jack Pullin says: I was at Daileyville on the 6th of September 1886. I was standing with Jim Pullin and Pleas Butler about 50 to 60 yards in front of the store to the left of the road to the mill. Pleas was saddling his horse. Pleas left and went to see Alf Taylor. Jim and I stood there a little while after Pleas left. I saw two men ride up under an oak tree and get down. The tree was a hundred yards or more from the store. They got down and drew their guns from their scabbards as if they were going to tie their horses and maybe tied them. I saw Moliar Mayfield go out to them. Just as Jim and I started to the store from where we were standing Epitacio and the other Mexican passed on horseback just behind us, and we spoke to Epitacio. I did not notice the men who dismounted under the tree to see who they were. They may have been these Mexicans. The Mexicans rode out from where we were. They passed in and alighted and hitched their horses and drew their guns from the scabbards and started to where I thought there were several other Mexicans near a hack. One Mexican was lying under the hack. Jim was called by Pleas and left out. I went on the gate where my father was sitting on a box. I said to my father "Let me go" and he said "No use to be in a hurry." My father was sitting on a box against the gate facing toward the hack. My uncle Henry was sitting on another box leaning against the right gate post where Bud Elder fell. I passed into the yard, got a few steps, and heard a shot. I wheeled and faced back toward the shot and heard another shot and then I turned and ran around the store into the back room. It was but an instant from the firing of the first shot until the second was fired. Only time enough for a man to whirl around who was already on his feet. At the time the first shot was fired, Jim Wright, Tom Oliphant and John Trimble were between me and the corner of the store talking. As I ran around the house and just as I got to the store door, I saw Dan Butler pass in a run by me and around the corner of the little room that I entered. After the shooting I went out to the gate. I found my uncle lying at the gate and shot in the breast. The ball did not go through. This I did not see but am satisfied it's true. My father was inside the gate and down on his side at the wheel of a hack. He told me he was shot just as he turned to run inside. I saw he was shot in the back, the ball coming out in front. My father did not tell me who shot him and he said he was shot accidentally. He had a gunshot in the right wrist. The ball entered on the back of the hand and came out in the wrist in the front. Don't know what kind of a shot made the wound. I saw the hack brought over to the election by Andy Nichols that day. Nichols drove it. I first saw it at the gate some three or four hundred yards from the store. I saw no guns in it then. I saw it all the time after Nichols brought it to the store. I saw no guns in it. I saw some sacks or something of the kind lying around the front of the hack but I saw no guns. If there had been guns in the hack I would have seen them. I borrowed the hack from Nichols after my father was shot and sent it for my mother. There were no guns in it then. I took it from the tree where it had stood all day. It is customary for men who carry Winchesters on their saddles to take them out of the scabbard and put them by when they dismount and hitch their horses. When I went to my father after the fight was over I wanted something to lay him on and my brother Tom went to the hack of Nichols to get a blanket. I was looking at my brother when he drew the blanket from the hack and I saw something that was drug from the hack to the ground as the blanket came out. I afterward discovered that it was a meal sack that fell. I saw Jack Bailey hitch his horse near the corner of the fence that morning when he first came. He had a Winchester on his scabbard, the stock pointing back. I saw him and Fate Elder go off and talk privately for some half hour. Shortly after they came back from this conference, I noticed that his horse had been moved and was tied right close to the door of the election room.

Page 16 Tom Oliphant says: I was at Daileyville the 6th day of September 1886. When the first shot was fired I was standing with John Trimble in the yard. We stood at the back end of a wagon. After the first shot, a second shot was fired but little interval between them. The shot I saw was shot near the hack. I saw the shoulders of a man who fired it but did not see enough of his body to give any description of him. I saw the man shoot - he wore black clothes and a black hat. The smoke from the shot covered his head. I think the shot _ _ _ _ _ him. The man shot wore a red beard. I am satisfied it was Fate Elder. I afterward saw Fate lying dead just where I saw the shot. I am not positive but I believe there was a shot fired in front of the store the instant before the third shot of which I have spoken that killed Fate Elder. After the third shot mentioned I ran behind the store house behind the little room and stood there with my face to the wall. While standing there I heard Jack Bailey holler: "O Lordy, O Lordy, don't shoot me. I never done nothing." I stepped back a little from the wall so I could see him. He was down on his back. He seemed to have just falled. I saw then the weeds and the dust fly from his pants leg and his leg jumped as if he were shot. I at the same time heard the report of a large gun in front of the store. I heard Jack repeating "O Lordy, O Lordy, don't shoot me. I never done anything." I am satisfied no shot was fired in the yard at Bailey. I am satisfied the shot in his left leg that I have referred to was fired from the front of the store and outside the yard. I saw Dan Butler just before the first shot was fired. He passed where Trimble and I were standing. He was going north toward Dailey's house. He was walking along in his usual way. I stayed about 25 minutes after the shooting and then came home. Others were behind the house as well as myself but I could not say who they were. I believe Dan Butler was there, but I am not positive. I believe a negro or two was there but am not positive. The third shot that I speak of was fired from a gun in my opinion.   The barrel which I saw was too long for a pistol.

Page 16 Tom Pullin says: I was in Daileyville on the 6th of September 1886. I was standing against the fence on the inside, to the right of the gate when the first shot was fired. I saw Epitacio and another Mexican ride up, hitch their horses and draw their Winchesters from the scabbards, and come toward the hack with them in their hands. I saw Jack Bailey leave the store and go out toward the hack. He looked over toward Fate Elder. As he went he stopped to talk to Newton Butler. Fate Elder started over there. He was whittling when he started and put down his knife as he walked and when in about 20 steps from the Mexicans pulled with his left hand his pistol around to the front. When in about 10 steps from the Mexicans, he drew his pistol with his right hand and pushed it toward the Mexicans and kept right on. He suddenly stopped and jabbed his pistol out as if to fire. I heard a report and thought it was Fate Elder that fired. Elder then started off to the left and continued to jab his pistol toward the Mexicans as if shooting. I wheeled and ran behind the house. I heard a second shot in a moment after the first. I stood behind the house until the firing was over. While the firing was going on I heard Jack Bailey hollering: "Don't shoot me, I had not done anything to be shot for." I did not see anybody shoot Bailey. I am satisfied no shot was fired in the storehouse yard. As I ran back behind the house, Dan Butler and Ed Butler ran ahead of me. I saw them stop and saw them at the time Jack Bailey was hollering. I know Dan Butler was at least 25 yards from Bailey at the time Bailey was hollering. He had no gun or arm of any kind in his hands and he did not shoot Bailey. I saw Dan Butler all the time from the beginning of the difficulty to the end and he did not fire a gun. I saw Newton Butler and Sykes and Eli Harrold at the time of the first shot and they then moved off to the west. I saw Bailey also when he moved to the gate. I only saw him take two or three steps. I saw the Nichols hack before the difficulty began. I saw no arms in it and am satisfied there were none in it. When the fight was over I went to the gate and found my father was shot. I went to get blankets from said hack to lay him on and in jerking the blankets out of the hack I jerked out one or two of the meal sacks to the ground. There were no arms in the hack. I saw this hack that morning at the gate of the pasture some three or four hundred yards from the store and I looked into it, sat inside of it and talked to Nichols. There were no arms in it then that I saw.

Page 17 Charles Coleman says:   I was working for William Butler when the difficulty at Daileyville occurred on the 6th day of September 1886. I had been working for him for several months. I stayed with Mr. Jack Pullin the night before the difficulty and joined the hands of Mr. Butler near the house of Mr. Butler the next morning. We went to Newton Butler's house (the witness stated substantially the facts testified to by John Trimble until they got to Daileyville). I was about 6 or 7 steps from the gate walking toward some men in front of the store when the first shot was fired. I had seen Garza and Coy ride up and dismount and hitch their horses, draw their guns from their scabbards and walk up to the rear of the hack. Also I saw Jack Bailey walk up to where Newton Butler was. I saw Fate Elder walking out toward the Mexicans. When he was about 15 steps from the Mexicans he pulled his pistol around from his left side to the front and with his right hand he drew the pistol from the scabbard. All the time he was walking toward the Mexicans. I saw him bring his pistol over and point it toward the Mexicans. By that time he was pretty close to them and as he pointed it I heard a shot. I thought Elder fired it. I was not looking at the Mexicans when the shot was fired. At the time Elder drew his pistol, the Mexicans had their guns down. I never looked at them anymore until the gun fired, I was looking at Elder. At the first shot I turned and as I turned I heard another shot. I then ran toward the gate and as I got to the gate I turned my head and saw Elder falling and the two Mexicans was within some 6 feet of him. At the first shot, I noticed Newton Butler run, or move westward. Jack Bailey ran toward the gate. I passed in the gate just as Henry Pullin fell and just after Hiram Pullin had passed in. I stepped behind a live oak tree just inside the gate and to the right of the gate. Felix Burris passed in ahead of me and I saw him go behind the store. No one passed in the gate after I did except Jack Bailey. I was standing with my head at the tree when he passed in and I turned my back to it. As he ran by me I watched him and saw him turn to the right and go some 6 or 7 steps and fall. He fell with his feet toward the left and his head eastward. His feet pointed more to the store than to me. Bailey hollered: "Don't shoot me, don't shoot me." He said something else which I do not remember as he fell. I looked to see if anyone was shooting at him and no one was shooting at him that I could see. I could see no one in the yard at all. I saw, just outside of the fence and some 6 steps up the fence from where I was, the two Mexicans. They were looking over the fence where Bailey was. Juan Coy was close to the fence and Epitacio was a little back. They had their guns in their hands but did not have them in a shooting position. They were simply looking over the fence at Bailey. They were about the same distance from Bailey that I was. I know they neither shot nor made any attempt to shoot Bailey after Bailey fell. When Bailey was hollering "Don't shoot me" he was lying on his back. I did not see him looking at anyone. His face was turned up. I did not see Dan Butler in the yard and I know he was nowhere near Bailey at the time he was hollering. If he had been, I would have seen him. After the firing ceased the Mexicans walked over to where Elder fell and soon after left. I did not go to Daileyville to fight that day. I know of no agreement by anyone to fight that day. If I had thought to a fight I would not have gone there. I had not seen the Mexicans for several months before that day. I had not seen Coy since he killed the negro in Wilson County and had not seen Garcia since just after his case was dismissed in Floresville.


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Wednesday, 10-Oct-2007 13:28:17 MDT