Officer's Statement . . . The deceased told me as follows about who shot, cut, etc., him, and the cause of the trouble. He was struck by stick by his step son. . . In my opinion, deceased was about 48 years of age, weighted about 175 pounds, and was 5 feet 8 inches tall. I did examine the defendant, and he was under the influence of liquor or had been drinking, my opinion being based on the following: Odor of breath & mental reaction
Dr. Walter R. Wiley . . . In my opinion the wound described were caused by Direct violence from blunt instrument. And the cause of death was Blow on forehead, facture of bone of skull, & secondary meningitis . . .
Dr. W. R. Wiley . . .Q. You spoke of having some difficulty in getting him to the hospital. Will you explain that? A. At the home there were three or four young children, none of whom had ever any experience in handling the financial side of a thing like that and there was no money. Q. How did you get him in to the hospital? A. There had been a warrant sworn out for Mr. Wallace by Mr. Bunn and Mr. Wallace had posted a $50.00 bond with the Magistrate. I visited Mr. Bunnand got him to give me a statement that he wished to withdraw the warrant. The Mr. Hursey, the Magistrate, released the $50.00 bond and I took the man to the hospital
OLIVER BUN, DULY SWORN, TESTIFIED: . . . I was not at home at first, and when I got home I hear cursing and went running out there . . . I went around there and saw he was not there, but saw Homer hit Mr. Wallace with a stick. They both had sticks and were fighting. . . Q. Had they had any trouble before that. A. Yes, lots of times. . . . Q. Had Mr. Wallace been coming there before? A. He had been warned to stay away from there more than once.
JACK BUNN, DULY SWORN, TESTIFIED: . . . I don't know anything hardly, only Mr. Wallace was cussing Mother and I went out and he called me "That damn little son of a bitch." I said, "If I'm a son of a bitch your children are sons of a bitch too," and he then he struck me. . .