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The Killing Of J. A. (Polk) Burris
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Killing of Polk Burris Shot Dead by James H. Guthrie, Who Claims He Acted In Self-Defense Burris Pistol Was On The Ground After the Killing Statement of the Accused Deceased Was Well Known as an Officer
The Killing of J. A. Burris
Paris, Tex., July 21 A killing occurred here this morning about 9 o clock. J. A. (Polk) Burris, one of the best known citizens of Paris and Lamar county was shot to death by Luther H. Guthrie, who fired the fatal shot in defense of his father, John A. Guthrie. The encounter took place in front of the Guthrie marble yard, which is located on Church street, between Clarksville and Kaufman streets, two blocks from the business center of the city, and the most intense excitement prevailed after the homicide became known. The cause of the fatal affair was the separation of the deceased and his wife, Laura Burnett Burris, the decree of the court divorcing them dating back to April of last year. The one shot fired entered the left side of the head into the cheekbone just about an inch in front of the ear and went crashing into the man s brain. The bullet did not come out but lodged possibly behind the right ear as there was a protuberance there. Immediately after the shooting a large crowd gathered where the body was found lying parallel with the gutter on the west side of the Kentucky livery stable across the street from the marble yard. The face of the deceased was toward the ground, his head was to the south and surrounding it was a pool of blood. A 45-caliber Colt s pistol, which is thought to have fallen from his hand was picked up in the gutter and was turned over to Sheriff D. S. Hammond, who now has it in his possession the pistol had six chambers, five of which were filled and the weapon was a very costly one. The remains of the deceased lay in its position but a short while until the dead wagon arrived and the body was removed to an undertaking establishment where it was prepared for burial and viewed after 2 o clock by a multitude of people. Long before it was announced that the body could not be seen before 2 o clock several hundred persons had wended their way to the place where the deceased lay only to be turned back. For three hours Bonham street leading from the public square past the undertaking establishment was an almost solid mass of humanity and numbers remained in front of the place where the remains was being prepared for the burial to get a gaze as soon s they could be admitted. The stream of visitors continued from 2 o clock this afternoon for an hour or two. It is announced late this afternoon that the burial will take place tomorrow morning at 9 o clock, and that the interment will be under the auspices of the Odd Fellows and Knights of Pythias at the Evergreen cemetery here. There were but a few eye witnesses to the affair, none of whom are inclined to talk for publication. The best information obtainable, however, is to the effect that County Tax Collector John T. Bullington and the deceased had arranged to attend a picnic at Chicota today and the two had gone to the Kentucky stables and secured a team. Coming up the street from the south Burris met James Guthrie, and he and Mr. James Guthrie were standing talking when John A. Guthrie drove up to his place of business in a vehicle of his own. As Mr. Guthrie alighted from his buggy several words were exchanged between him and the deceased, the trouble began, a clinch followed and they grappled together for a minute or so, when Luther Guthrie ran out from the marble yard with a pistol in his hand, approached the man who had his father embraced, and reaching across his father s shoulder placed the deadly weapon at Burris head and fired, and he fell instantly to the ground a dead man. Just south of and on the lot adjoining the marble works, on the corner of Church and Kaufman streets, is the house occupied by Mrs. Burris, the divorced wife of Polk Burris, who provides the necessities of life and maintains the four children who came to gladden their once happy home. To Sheriff Hammond, who called on her after the fatal trouble, she said that she was not an eye witness to eh unfortunate occurrence, and that the first intimation she had of the shooting was when she heard the single shot, hurried to the window and saw the victim, unknown to her, lying in the gutter. She was married to the man whose existence on earth was closed today about twenty years ago at Brownwood, Tex. The four children born to them and who were awarded to her by decree of court are Walter, aged 18, Thomas, 16; Lee, 13, and Dock, 11. Polk Burris was the son of Dr. Burris, who resided for a number of years on Blossom prairie, six or eight miles east from here. He was born in Louisiana and no better known citizen resides in Lamar county. His father, who was a highly respected resident, has passed to the great beyond and his mother lives at the old homestead at Blossom Prairie. For a long number of years Burris had been a peace officer in some capacity. While John A. Gose was sheriff of Lamar county in the 70 s the deceased, who was at his death 42 years old, was then a young man, attained some notoriety by resisting the arrest of a party, a relative of his. Sheriff Gose had taken the part in charge on a warrant for some slight alleged offense, and Burris hearing of it, met him in the road with a shotgun and attempted to compel the officer to release the prisoner. Two deputy sheriffs hove in sight and Burris himself was arrested. He went to western Texas, where he has a brother, and was afterward tied and acquitted here. When Capt. W. T. Gunn was elected sheriff to take the place of James Black, who was killed before being sworn into office, Burris was appointed a deputy, in which capacity he served for several years. He resigned his position while Capt. Gunn was still sheriff to be a candidate against him, and eight years ago came within eight votes of being elected sheriff of the county. Three years ago he was chosen constable for the Paris precinct and refused to be a candidate again, preferring to make the race for sheriff against Capt. D. S. Hammond, the present incumbent. For the past year or two he has been engaged in private detective work, and has ferreted out many cases. He was regarded as a fearless officer and was a popular man. Immediately after the shooting Luther H. Guthrie, his father, J. A. Guthrie, and Mr. J. A. Guthrie s brother, James Guthrie, were found in Tax Collector Bullington s office. They were surrounded by Tax Collector Bullington, Ed H. Henley (who is a brother-in-law to Luther H. Guthrie), and other friends. The party remained in the tax collector s office until complaint was made by Sheriff Hammond before Assistant County Attorney L. L. Hardison, charging Luther H. Guthrie with the murder of the deceased. A few minutes afterwards the party repaired to the office of Sheriff Hammond, and Mr. J. A. Guthrie consented to make a statement. In the presence of the press, he said: The killing is a very unfortunate affair. That it was justifiable under the circumstances I know there can be no doubt. This morning at about 8:45 o clock I drove up in front of my marble yard to hitch my horse and buggy at the usual place. As I approached I saw Burris talking in very loud tones to my brother Jim, and as I reached the hitching post I heard him say, There is the ----- ----- ----- now. As I alighted from my buggy I asked him what he said and what he wanted with me, and in reply he said: I will show you what I want, you ----- ----- -----, and with this he threw his hand to his hip pocket, drew out a large pistol and was in the act of shooting me when I grabbed him around the shoulders and a tussle followed and he bit me on the right cheek. Burris was very desperate and I have no doubt but what he would have taken my life had not my son come to my rescue. My son, who heard the trouble after he saw that Burris was determined to kill me, ran to the back end of our office, secured a pistol and, placing it to the right side of Burris head, shot him. The powder burned very badly the right side of my jaw and a portion of my ear, and I can hear but little form my right ear. Burris has been mad at me for some time, for no good reason, I want to say. The trouble was on account of his wife, from whom he has been separated, and a lady for whom I have the greatest respect. She conducts a boarding house across the street from my marble yard and she has several times used my buggy. Burris was very jealous of her and his wrong and unjustifiable opinion has caused this culmination of the affair. He was jealous of any one who showed his former wife common courtesy. About three weeks ago he met me on the street and began about this matter in a manner which indicated that he was mad. I had him to understand that his idea was an erroneous one and that he couldn t scare me, and we had no trouble. I am sorry that Burris had to be killed, but it had to be done in order to save my life. The speaker during the first part of the statement, which was made half an hour after the shooting, displayed some excitement, but as he proceeded he assumed a great deal of calmness. Luther Guthrie was perfectly cool after the shooting and when asked for a statement had nothing to say further that that he shot Burris to save the life of his father. The examining trial will be held before County Judge Neathery tomorrow morning, commencing at 10 o clock. The witnesses subpoenaed in the case are: John Cottin, Pate Sanders, Walter Burris, ----- Grimes, H. B. Birmingham, John Bullington, Will Jones, M. Joseph, J. J. Brents, Joseph Price, A. D. Brooks, Alex Aiken and Robert Smith.
Dallas Morning News 7/22/1897
Mr. J. A. (Polk) Burris
Killing At Paris J. A. Burris Shot To Death By Luther H. Guthrie
Paris, Tex., July 22 J. A. (Polk) Burris, one of the best known citizens of Paris and Lamar county was shot to death here Wednesday by Luther H. Guthrie, who fired the fatal shot in defense of his father, John A. Guthrie. The encounter took place in front of the Guthrie marble yard, two blocks from the business center of the city, and the most intense excitement prevailed after the homicide became known. The cause of the fatal affair was the separation of the deceased and his wife, Laura Burnett Burris, the decree of the court divorcing them dating back to April of last year. The one shot fired entered the left side of the head into the cheekbone just about an inch in front of the ear and went crashing into the man s brain.
The Fort Worth Register 7/23/1897
Mrs. J. P. Burris
Guthrie s Trial Postponed Preliminary Examination of the Man Charged With Killing Burris is Delayed The Elder Guthrie Under Arrest Charged With the Murder and Locked up in Jail Declares His Innocence in a Statement to The News
The Polk Burris Killing
Paris, Tex., July 22 All that was mortal of James Polk Burris, who was killed yesterday, was consigned to day to the silent tomb. The funeral ceremony was held at 9 o clock in the morning and was under the ritual of the Odd Fellows. The Knights of Pythias participated. The deceased was a member in good standing of both secret orders. The interment was from the undertaking establishment of J. W. Rogers, and the remains were laid to rest in Evergreen cemetery. The cortege was a very long one in fact one of the largest processions ever witnessed in Paris. The services held at the grave were conducted by Rev. Charles Manton, pastor of the Cumberland Presbyterian church, who delivered a brief address and offered a short prayer. He referred to the virtues of the dead man, his kindness of heart and steadfastness of friendship and said that his faults were those common to nearly all humanity. The secret orders were reminded that the children of the deceased were a sacred charge in their care the pallbearers were: Messrs. R. P. Sanders, W. T. Robertson, A. Freeland, Abe Goldman, D. J. Ford, and L. C. Clark. A pathetic incident is told today in connection with the killing yesterday. The vegetable man, who visits the boardinghouse, conducted by Mrs. Burris, regularly each morning, drove up to the house as usual yesterday morning and it happened that the youngest son of the dead man, was seated with the vegetable vender. The crowd around the deceased body attracted the attention of the daily visitor and he inquired to know the cause, whereupon he was informed that Polk Burris had been killed. Instantly the little boy cried out, That s my papa, and with this he fell over and cried as if his little heart would break. The occurrence was witnessed by several bystanders and it brought tears to their eyes. It was announced in today s News that the examining trial of Luther H. Guthrie would take place this morning, commencing at 10 o clock, but County Judge Charles S. Neathery, at the time the trial was to be held, stated that the hearing of the case would be postponed until 1:30 o clock in the afternoon, as he thought respect for the dead demanded as much and for the further reason that there were those who were witnesses in the case that desired to attend the funeral. Yesterday afternoon late, friends of the dead man in different parts of Lamar county, having heard that Burris had been killed, began to arrive and view his body and it was past midnight before the corpse was locked up and visitors were excluded. It is estimated today that as many as 100 or 150 persons looked upon his dead face last night after the sun of yesterday went down. The aged and venerable mother of the deceased took a look at her dead son for the last time on earth today. The grief of the old lady, who has reached her 78th year, was heartrending. Her son was last at the old home about a week ago and today to see his dead form was more than she could bear and she had to be taken away. At the suggestion of District Attorney Nichols of this city the county physician, Dr. B. F. McCuistian, made an examination of the body. The skull was closely inspected, the wound was probed and the bullet which penetrated the dead man s brain was found flattened behind the right ear and was removed. At the instance of Wildey lodge No. 21, Independent Order of Odd Fellows, a committee of physicians, comprised of Drs. G. W. Bedford and J. M. Stevens, made an examination of the wounds received. The examining trial was to have begun promptly at 1:30 o clock this afternoon before County Judge Neathery. The testimony was to have been taken down in the temporary district courtroom in the Linch building, and that hall was filled to over-flowing at the appointed hour. The defendant was brought from the county jail, where he was placed yesterday, and surrounding him in the courtroom this afternoon were near relatives. Close to him was his father, to save whose life, he says, he fired the fatal shot. Not far away were the defendant s wife a bride of a few months his mother and other female relatives. At a few minutes after 1:30 o clock court was opened and District Attorney Nichols arose immediately and addressed the court. He stated that the state was not ready to proceed with the trial of the case and he was of the opinion that in order to expedite matters that it would be best to postpone the hearing until tomorrow (Friday) afternoon. He stated that the statutes gave the state a reasonable time within which to prepare for trial, and that the law permitted a delay of a reasonable time until the prosecution could be ready to go into the case. Counsel for the dependant announced that the defendant was ready for an examination, and in fact insisted on it, as he was incarcerated in jail and desired a legal hearing at the earliest opportunity. Counsel stated that it was a well known fact that there were but few witnesses to the trouble, and that they all lived in the city and could be brought into court without any trouble. Insisting upon his contention that the state was entitled to a reasonable time County Judge Neathery stated to District Attorney Nichols that he would adjourn the court over until 9 o clock tomorrow morning, at which time they state s counsel announced that they would probably be ready to proceed. Today s attendance at the court when the defendant was brought in for examination indicated that there is much interest felt in the affair. Those who were present in the courtroom numbered among the best and leading citizens of Paris. Not a few of those present were farmer friends of all parties. The unfortunate killing is the almost sole topic of conversation on the streets and the indications are that admittance will be denied not a few on tomorrow morning, as it was today, on account of the incapacity of the building. Today s issues of The News containing an account of the affair wee all exhausted in less than five minutes after the newsboys reached the streets. The Burris killing case took a decided sensational turn late this afternoon. John A. Guthrie, father of Luther H. Guthrie, who stands charged with the murder, was arrested as a principal to the affair, the complaint, which was made before District Attorney Nichols by Pink O. Anderson, who is related to the deceased, charging that he murdered Burris. The arrest was made by Sheriff D. S. Hammond and the accused is held in jail to answer the charge. The intense feeling in the case is very manifest tonight. The elder Mr. Guthrie was seen at the jail by a representative of The News. He said: I deny unqualifiedly that I shot Burris. The simple fact is that I had nothing to shoot him with. The severe powder burn I received on the right side of my face proves most certainly that I could not possibly have used a pistol, as only one shot was fired, and it was discharged on the right side of my face by my son. I know no fears but what the facts will show this at the trial. Counsel for Mr. J. A. Guthrie said that he was averse to having his clients make any further statements, as all the facts would be brought out at the trial, but he gave his consent for Mr. Guthrie to talk to The News reporter for the reason, he said, that his clients had been reported just as they expressed themselves in today s News.
Dallas Morning News 7/23/1897
Guthries Have A Hearing Preliminary Trial of the Men Charged with Killing Polk Burris Opened at Paris The State s Testimony Largely In Witnesses Give Their Version of the Affair Courtroom Crowded with Spectators
The Burris Trial Paris, Tex., July 23 The interest in the Polk Burris killing case increases with each day. The news of the arrest late yesterday afternoon of John a. Guthrie, charged along with his son, Luther H. Guthrie, with the murder of the deceased, spread very rapidly over the city, and today the affair is the sole topic of conversation in Paris. Today the examining trial of the two defendants was begun before County Judge Neathery. The crowd that went to the courtroom to hear the testimony this morning could not be accommodated, quite a number being turned away, and the crush and jam was just as bad this afternoon. At 9 o clock this morning, the time set for the examination, the district court was packed and jammed, there being among the number not a few ladies. About ten minutes before the appointed hour female relatives of the two parties numbering about fourteen or fifteen, arrived, and a few minutes after 9 o clock the defendants came into court accompanied by their wives. District Attorney Andrew J. Nichols and J. J. Brents appeared for the prosecution, and the defendants are represented by Hill & Sturgen and John S. Stone. It was 9:25 before announcement of ready for the examination of the case were made. Twenty-three witnesses were sworn and retired to the county judge s room. The examination was commenced by the introduction of Dr. J. M. Stephens. He swore for the state as follows: I am a practicing physician in Paris. I know J. A. Burris in his lifetime. He is dead. I saw him after he had expired. I examined the body at Roger s undertaking establishment and found four wounds upon his head. Then followed a technical description of the wounds and their location. On cross-examination the doctor said some cuts and bruises found on the head of the deceased may have been produced by his falling on the curbing after the fatal shot had been fired.
On redirect examination the doctor gave a minute description of the place where the body fell. John a. Carter testified as follows: I know John A. and Luther H. Guthrie, the defendants in this case. I knew of antecedent troubles between J. A. Guthrie and J. A. Burris, deceased. They were not on friendly terms on the 21st instant. I had a conversation with John A. Guthrie with reference to the trouble between him and the deceased. It has been about six weeks ago. It occurred at the back end of Trigg s saddlery house in this city. I was hunting Mr. Guthrie and found him in front of Hancock s hardware house. I told him I wanted to see him and we went into the back part of Trigg s saddlery house. When we got back there I told Mr. Guthrie I wanted to speak to him about the trouble between himself and Mr. Burris. I told him that Mr. Burris had seen his ex-wife driving his (Guthrie s) buggy. I told him that Mr. Burris was very, very mad. I told him that I had come to ask him to desist in this matter to save trouble. I think at that time I told Mr. Guthrie not to think hard of me for meddling in the affair. He said that he did not. Then I told him that I thought it would be best for him to quit this family entirely and not to let them have his horse and buggy and he would be safe and all right. He said that if Burris thought he was afraid of him he had struck the wrong man. Then Mr. Guthrie explained to me why he had let Mrs. Burris have his horse. He said he had driven up to his regular hitching place and hitched his horse and young lady came over and asked him for his horse. I don t remember whether or not he said who she was. I insisted then very strongly on Mr. Guthrie having nothing more to do with the people and there wouldn t be any trouble. Mr. Guthrie said that he didn t want any trouble himself, but that he was here in Paris to stay and do business. I think that is about the sum and substance of the talk and we turned and started towards the door together. Mr. Guthrie again saying he did not take what I had said and done unkindly. We walked to the door together. I stepped out and walked out on Mr. Burris, who was coming from the east. I do not know that Guthrie got out of the door, but we all walked right into each other and met exactly in the door. Mr. Burris with a very rough epithet told him that he was going to whip him, at the same time calling him very bad names, and at the same time drawing his walking cane in a striking position. Mr. Guthrie then threw his hand in his hip pocket. Mr. Guthrie spoke. I think he said: you won t, or something like that. I caught Mr. Burris s arm and shoved him back and told him to go away. I looked back at Mr. Guthrie and he was standing and I saw the handle of a pistol. Mr. Burris said: Don t you see he is armed? I replied: So much worse for you. You are not. I forced Mr. Burris up the street ten or fifteen feet west. I turned him loose then and he walked away from me very fast. He went into Clark s saloon and that was the end of the affair. Mr. Guthrie was standing with his hand on the pistol and it drawn so that I could see it up the cylinder. When I caught hold of Burris I said to Guthrie: He is not armed. I had known Burris nearly all of his life. He was not a stout man; at least I never considered him so. He would weigh, I presume, about 150 pounds. I do not know of any trouble between them since the one affair I spoke of. Before the conversation with John A. Guthrie I had a talk with the defendant, Luther H. Guthrie. The time was about two or three weeks previous. It was done at the Guthrie marble yard and in the marble shop where Luther worked. I went down and told Luther Guthrie that Burris saw one of his boys in the shop with an apron on pecking rock, and he was very mad, and I said: Luther, for God s sake, stop all of this. Drive those boys our of here and keep them away. I told him that Burris had said they were mixing up there with that outfit and that he was not going to stand it. Luther said that he did not want them in there; that they were in his way. He said: I fired them out and they came right back. I told Luther that the thing was going to lead to trouble and that the best thing to do was to cut it all off and stop the matter and keep the children away. Luther said that he didn t know why Burris had it in for him; that he had done nothing to him. I told Luther it was on account of Mrs. Burris and the children. I asked him if he did not board there, and he told me that he only took one meal each day. I told Luther to drive the boys away and put an end to the differences. He called the boy up and asked me to tell him. I said to the boy: You get out of here and stay out of here. Your papa don t want you here and don t you come around this place any more. The boy left. The deceased had four children all boys. The children live with the mother on an adjoining lot to the marble yard. In the conversation at Trigg s I urged on J. A. Guthrie the advisability of dropping all connection with Mrs. Burris, but he did not make any promise in the matter. He said that he had only loaned them his buggy and had no excuse for refusing them. I told him that if he would do this he would be entirely safe. He replied that he was in Paris to do business and was afraid of no man. He is a married man. Cross examination. Burris opened up the conversation when we all came together. Burris drew his cane first to strike. I was in front and a little to the left when I saw the pistol. When Guthrie said he had his horse and buggy at his regular hitching place I inferred that he meant he had it at his hitching place at his place of business. J. D. (Dug) Bullington was next sworn for the state and his testimony was as follows: I am acquainted with all the parties to the homicide. I know where Mrs. J. A. Burris lived at the time of the killing. I was at her boarding house on the corner of Church and Kaufman streets about the 7th of July, this year; I went there to collect a bill from Mrs. Burris. The house was open when I reached there. I stopped at the gate, then went to the gallery and was invited in by John A. Guthrie. No other persons were present that I saw. He was sitting in the rear room of the building, either in the diningroom or cookroom. The time was between 1 and 3 o clock p. m. He was sitting down. Mrs. Burris came from the opposite side room. I think I knocked on the floor. I could see him and he called to me to come in, from the opposite side of the room, which he was in. I saw no one else there. I saw J. A. Burris, the deceased, after that. The first time was near the Ice company office on Lamar avenue, at the corner of Rusk street. Early next morning I told him rather reluctantly what I had seen at Mrs. Burris. I only stayed a few minutes. Mr. Guthrie left and when I came out he was going to his place and was near it. He was in a rear room, the next room east of the front room, and I think the room is the dining hall. I do not know of Mr. Guthrie being there at any other time. I was at the house on the first of July and he was not there at that time that I know of. Cross examination: There is a fence between Mrs. Burris boardinghouse and the Guthrie marble yard. The next day after I was at Mrs. Burris the deceased came to me and asked me to know if I had been there. He said he wanted to ask me something on the links. I told him that I would answer if I could. He asked me about being at his ex-wife s house the evening before and I replied to him that I had been there. He asked me if Guthrie was there. I remarked Polk, I ll not tell you anything, your are too excited. He answered, there s not a d--n bit of use keeping it, I ll kill him anyway. I urged him to let the matter alone and he said that he would kill him as he would as soon be dead as to be situated as he was. I asked him why he was so solicitous, and he and his wife were divorced, and he said it was his children whose interest he was looking after. I began to persuade him to desist and he persisted in carrying out his threat. I insisted to him to not under any circumstances go to Guthrie s place of business and start a disturbance, as they would have the best of it and the advantage. I said to him, Polk, have you ever doubted your wife? and he replied to me that he had not. I had reference, of course, to her chastity. He promised me that he would not go there. He walked up in the direction of the square and I went to the postoffice and walked to a south window at a desk. The postoffice is north and is on the same street with Guthrie s marble yard. When I stood there Burris came down to Lamar avenue and walked down Church street and finally came opposite defendant s place of business. He halted there for a moment and went on by. His halt was very brief. It was not long after this that John A. Guthrie came up Lamar avenue in his buggy and came on toward the public square. I considered the deceased a very brave and a very cool man. He was, however, rather extravagant in his threats. Redirect examination: I never told Mr. Guthrie of Polk Burris threats and no one else was present and heard them. When he said he did not doubt his wife s chastity he made no reply, but I seemed to infuriate him very much. This was about the 7th or 8th of July of this year, some eight or twelve days before the killing. At the conclusion of Mr. Bullington s testimony ad adjournment for dinner was taken. The examination was continued at about a quarter to 3 o clock. The first witness to be put on the stand after dinner was John Cotton. He is an employe of the Kentucky stable and saw the difficulty from a window. He said he did not see Polk Burris have a pistol. If Burris had one he could have seen it. He also described the scuffling. The next witness for the state was R. P. Sanders. His testimony was as follows: I saw the difficulty. I had come to town and was on my way home. I went down Short street to Kaufman. I went down Kaufman to Church street and looked north and saw J. A. Guthrie and someone else I didn t know. I heard a few words and they went together. Mr. Guthrie was facing north. Don t know what direction the other party was facing. The parties run together and licks were passed. Don t think Mr. J. A. Guthrie advanced. Didn t see the other party advance. Couldn t tell how many blows passed. Their faces were together. At this point Luther Guthrie ran up. I saw Luther Guthrie just before he got to them. He was at about the center of the street. When Luther Guthrie got to the parties the pistol was discharged and Polk Burris fell. I saw a pistol in J. A. Guthrie s hand after I had advanced fifteen or twenty steps. Guthrie did not advance very close to the body. During the difficulty I did not see any pistol in any ones hands. I could not see which one struck the first lick. It was all done quick and I couldn t tell but very little about it. I didn t know whether they were grappling or striking with each other. I couldn t see well enough to distinguish whether one of both were striking each other, or they were grappling with each other. Luther Guthrie was there where the difficulty was when I got there. He had an apron on and one of his hands under it. I do not know what become of the pistol J. A. Guthrie had in his hand. I did not see a pistol near the dead body. After I viewed the body I looked across the street and saw Mrs. Burris and went where she was. J. A. Guthrie was at that time twenty-five steps from the body. The body was lying on its face. I could see where the ball went in. the left side of the face was up. The head hung a little over the edge of the ditch and blood oozed out of the deceased s head. His head was that is on top of the trough. I did not see John A. Guthrie pick up anything from the street after the shooting. Cross-examination I was forty yards south
when I first noticed the difficulty. Two buggies were near the parties. A one-horse buggy was close and north of
where the parties were. I don
t think J. A. Guthrie advanced toward Burris. I couldn
t tell whether or not blows were being struck. However, they were moving their hands. At the time the pistol shot
I was forty yards from the parties. On my way to the parties I tried to stop one of the teams which was about to
run away. I saw J. A. Guthrie with a pistol in his hand about the time I was about to stop the team which placed
me twenty yards from the parties. After I reached the parties Luther Guthrie in a short while went back to the
marble yard. Luther Guthrie after I came up said: I did it. I am the man that did it. M. O. Kelly testified for the state I live in Colorado. Am a marble cutter by trade. Was in Paris Tuesday morning. I saw the difficulty. I went to the Guthrie marble yard in search of a job. Was never there before. Was not acquainted with J. A. Guthrie, nor is son, Luther Guthrie. J. A. Guthrie was talking to a man when I arrived. I am a stranger. I soon became aware that they were quarreling. Burris was standing there waiting when J. A. Guthrie drove up. J. A. Guthrie asked him what he wanted and Burris replied, I will show you. They both then advanced toward each other. I think J. A. Guthrie struck the first blow. I do not know Luther Guthrie. Did not see him when the fuss started. Saw hin just after it began and prior to the time his father drove up. I was about thirty feet distant when the fight begun. I think Mr. J. A. Guthrie had a wrench in his hand, but am not sure. It was a dark looking object. I did not see anything in either of Burris hands. Luther Guthrie ran up after the fight began with something in his hand under his apron. Think it was a pistol. I heard Burris say, shoot and be dd, and then he added, you have the advantage. The pistol fired in two seconds afterwards. Cross-examination Think I saw two buggies hitches near by, the nearest one being about ten feet off. Heard a man in the shop say to Burris, here is your man now, as J. A. Guthrie drove up. I could not see all of the trouble because the buggy was between me and them. I saw that the men were going to fight and curiosity alone prompted me to draw nearer. They went to fighting as soon as they could get together. I suppose they passed fifteen blows each. Burris might have had a weapon, but I did not see it. J. A. Guthrie struck Burris with what I took to be a wrench. Can not say positively that it was a wrench. They were close together when the shooting began. J. A. Guthrie had Burris by the collar then. Burris was trying to fight with his hands alone. Luther Guthrie then rushed up and shot Burris. Burris might have had J. A. Guthrie s cheek in his mouth when shot, for all I know. I did not talk about the affair until yesterday. First talked in a saloon. My postoffice address is Durango, Col. Came to Paris form Corsicana. Worked in a foundry there. Have found no work in Paris. Have a wife and one child in Durango, Col. Have not been home in two years. J. M. Price, for the state, testified, but developed no new facts. At the conclusion of Mr. Price s testimony court adjourned until 8 o clock tomorrow morning, when the examination will be proceeded with. District Attorney Nichols gave it out late this afternoon that the state would probably close at an early hour, shortly after the reconvening of court tomorrow morning. B. B. Sturgeon, one of the attorneys for the defendants, stated that unless some new and quite different testimony was introduced by the state tomorrow that the evidence for the defense would be brief.
Dallas Morning News 7/24/1897
Guthries Out on Bond At The Close Of The Preliminary Trial Bail Was Fixed At $2000 Each A Sensational Closing Scene Brother of the Dead Man Shook Hands With One of the Accused and Both Cried Testimony The Guthries Examination
Paris, Tex., July 24 The continued examination of John A., the father, and Luther H. Guthrie, the son, charged with the murder of J. A. (Polk) Burris before County Judge Charles S. Neathery today, was attended by the usual large crowd. At the hearing in the afternoon a large number of country people were present, as spectators, and the ordinary goodly number had to be turned away. Before the examination was proceeded with this afternoon, Judge Neathery gave implicit instructions to the officers to keep the windows clear. It was a very hard undertaking as ever possible available space was utilized and there were those on hand who stood ready to occupy almost any kind of a place or assume any danger from fall, and hear the evidence as it emanated from the witness stand. Judge Neathery told the large crowd that he was compelled to keep the windows open to enable those in the courtroom to remain there on account of the excessive heat. As it was, the hall was extremely unpleasant. During the proceeding today a brother of the dead man, who lives in the country, was an attentive listener. Quite a number of ladies, including relatives and friends of the accused were present throughout the examination today and the defendants were seated, as on yesterday, near their respective wives. Today the elder Mr. Guthrie displayed unusual interest in the case and it was often that he leaned over towards his counsel and made suggestions, seemingly for interrogatories to different witnesses. The younger Guthrie sat some feet away from his attorney and while he had but little to say to his counsel, he kept a constant eye on each witness while on the stand. The greater part of the time he was seated with one of his arms around the chair in which sat his wife. The closing scenes in the examining trial wee decidedly dramatic. At the conclusion of the evidence given in, and at a time when the defendants were waiting in the courtroom for their respective bonds to be filled. William Burris, who resides in this county and who is a brother of the deceased Polk Burris, made his way through the crowd to a point where John A. Guthrie was surrounded by relatives and friends. Walking directly up to the defendant, he extended his hand, which was clasped by John A. Guthrie, and he told him that he had no ill feeling toward him; that his feelings were not those of an enemy, and with this the two broke down and began to cry. The incident attracted much attention and is much discussed tonight.
THE TESTIMONY
The first witness was J. M. Price, who went over the facts of the killing. He said John A. Guthrie struck the first blow. Guthrie had a pistol, but he did not see Burris have one. He could not tell whether John A. or Luther Guthrie fired the shot that killed Burris. Did not see Luther Guthrie fire a shot. The next witness was J. A. Pankey, who talked to both parties the morning of the tragedy, but did not see the killing. Burris cursed the elder Guthrie bitterly and said he expected t ohave to kill him at any time. This was three or four days before the killing. J. T. Francis testified to meeting the elder Guthrie the morning of the killing and that the accused did not seem excited. Mr. Nichols announced that with the exception of two witnesses, this would close the state s case. He had heard since adjournment of court on Friday of these two witnesses, and if their testimony was what he had heard, it would be material. One of these witnesses, he said, was in Clarksville, and would be in Paris on the noon train; the other was a canvasser for a picture enlarging concern, and would be back in town from the country about 11 o clock. He suggested that the defense could begin with witnesses to save time if counsel so desired. Mr. Sturgeon objected to a delay in the case. He said that if Mr. Nichols wanted the testimony of eye witnesses he could put on John T. Bullington or Mail Carrier Grimes, both of who saw the trouble. His clients, he said, were in jail and were anxious to have the trial over. He declined to put on any witnesses for the defense until the state had closed. District Attorney Nichols replied that he did not want to harass the defendants or prolong the trial, but he proposed to do what he considered his duty. He believed the testimony of these two men would be material and he wanted the court to hear it. After more sparring between the attorneys, County Judge Neathery ordered court adjourned until 1 o clock p. m. Court reconvened at 1:25 in the afternoon. District Attorney Nichols announced that he was willing to close for the state, with the understanding that if the desired witnesses put in an appearance that they were to be placed on the stand. Counsel for the defendants stated that before they desired to proceed they would like to know whether or not the witnesses referred to were in the city. It was finally concluded among the attorneys to proceed. The first witness introduced for the defense was Walter Burris. He said: I am a son of Polk Burris, deceased. I did not see the shooting. I reached the scene soon after the shooting. After the report (about a minute) I was near my father. When I got there I saw Mr. J. A. Guthrie. I saw a pistol lying in the gutter which was shown me by Mr. Guthrie. It was about three feet from my father. At this point the attorney for the defendant, propounding interrogatories, asked that the pistol be brought into court. District Attorney Nichols See that it is unloaded. County Judge Neathery Yes, be sure and see that it is unloaded. (Laughter from the audience.) The witness identified the pistol and proceeded: The pistol was loaded and belonged to my father. It is a 45-caliber pistol, sixshooter, and had five chambers loaded. I picked it up and turned it over to a policeman. I am 18 years old and live with my mother. The house we live in belongs to Dr. Walker. I know Mr. Guthrie pretty well. He comes to our house to get water two or three times each day. Don t know how much oftener he came. The shot first attracted my attention. I was in the back part of the house and my mother had been in the dining-room and went to the front room. I did not learn that my father was killed immediately after he was shot. I told my mother quickly that there was a shooting and went to the scene. I saw Mr. Guthrie near my father s dead body. I do not know what Mr. Guthrie had. I did not pay much attention to him. After I got there Luther Guthrie came up. I paid but little attention to him. He came from the marble shop. I did not know who had killed my father when I walked up. My father s pistol was a double action pistol. This one (examining it) is single action. He used to have a double action pistol, and I thought that this one was it. I have not seen his pistol for four or five months. The pistol was standing on an empty when I picked it up. Mr. Guthrie said nothing about how it got there. Luther Guthrie stayed there until the crowd began to gather. I think Mr. John Guthrie did also. The pistol was laying about half a foot closer to his shoulder than to his head: it was about three feet from his body and a little more than that from the hand that was in the gutter. I unloaded the pistol and was standing there with it in my hand, and Mr. Rigdon came and took it from me. Mr. Guthrie told me, when he showed me the pistol, that Luther had killed him. Luther came back as he was telling me and was standing there when I unloaded it. It do not know where my brother Tom was the night before the killing. He was not about the place at the time of the shooting. He usually left home right after supper. County Tax Collector John T. Bullington was the next witness. He was with Burris the morning of the killing and told of the facts leading up to the tragedy. He said Burris threw his hands to his hips as if to draw a weapon. While he was trying to get to the men he saw Luther Guthrie coming across the street and heard a shot fired, but could not tell who fired first. Did not see Mr. Burris pistol. W. G. Grimes testified as to the facts of the killing. He said he saw Luther Guthrie place the pistol to Burris head and fire. John A. Guthrie had nothing in his hand. After a brief conference with his co-council and clients Mr. Sturgeon announced that he would close. The state recalled John T. Bullington, who testified: Just before the shooting, a short while, I heard some one say shoot. I do not think it was a minute before. It was about the time Luther Guthrie came across the street. I do not know who said it. I don t think I heard it but once. At 6:20 o clock this evening the two defendants gave the $2000 bond respectively, with the following bondsmen on each: Ed Henley, T. G. Henley, G. P. Henley, H. R. Miller, B. B. Sturgeon, S. W. Kelley, G. M. Price, G. W. Moore, L. J. Bankhead, J. W. Wood, B. H. Brooks, W. B. Conner, T. J. Record, T. J. Broad, C. N. Allen, F. R. Fenet, N. H. Ragland, H. P. Mayer, J. T. Conway, B. Gilbert, W. A. Brosius, S. H. Hancock, and John T. Henley.
Dallas Morning News 7/25/1897
Very Aged Pantaloons
Paris, Tex., July 24 Capt. Badger Burons, aged about 70, who resides in the southwestern portion of the county, was in the city today and was a witness at the Guthrie examining trial. The captain is an old-timer. He is not altogether in his dress, but today announced to his intimate friends that he was attired in rather an antiquated pair of pantaloons. In fact, the old Lamar county resident declared that the pants has served him for years past, and that he was ready to make affidavit that his mother made the trousers (of linen) in 1859.
Dallas Morning News 7/25/1897
Notes: I have been unable to find any more information concerning this event. If you have any more information on this, it would be greatly appreciated.
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