On Apr 10, 1931, W. G. Collier, a constable in Coryell County, went to the home of Hugh Graham to serve a warrant. Mr. Collier had served a warrant and arrested Mr. Graham about four months earlier on a different charge so there possibly were some bad feelings between the two men. Mr. Graham took offense to Mr. Collier coming on to his property.
An argument developed at Mr Graham's gate. Mrs Graham stated that her husband asked Mr Collier to not close his gate and she stated that Mr Collier said, "You damn SOB, I'll fix you so that you won't open it any more." There were three other witnesses, Mr. Massengill, Mr Chambers and Mr Townsend who stated that Mr. Graham threatened Mr. Collier.
A fight ensued in which Mr Graham got the best of Mr Collier. Mr Collier asked Mr Graham to let him up from the ground. When Mr Graham let him up, Mr Collier grabbed at Mr Grahams gunbelt causing Mr Graham's pistol to fall to the ground. A scuffle for the gun resulted in Mr Graham recovering it. Mr Collier grabbed a rock and drew back as if to throw it. Mr Graham shot Mr Collier who was able to walk away about 140-150 feet before he died.
At some point in the fight prior to Mr Collier being shot, he received a dollar size wound that measured about 1-1/2 deep. The coroner testified that the head wound caused a fractured skull and that the wound would have been fatal if Mr Collier had not been shot. The coroner did not believe the gun shot would have been fatal since Mr Collier was able to walk after being shot.
Mr Graham was released on $7500 on July 23, 1931.
The Coryell County Grand Jury for District Court Term January 1932 returned an indictment on Hugh Graham for the murder of W. G. Collier by shooting him with a gun.
At his trial, Hugh Graham plead not guilty by reason of self defense. He was convicted of murder and sentenced to 25 years in the state penitentiary. Mr Graham's attorney entered several motions for dismissal and points of error in the trial. Sentencing was postponed until Feb 16, 1932, when these appeals would be decided.
Most of these appeals centered on the fact that the indictment charged the murder was by gun shot and since the coroner waid the head wound was more likely the cause of death dismissal was requested for improper indictment. Self defense was also claimed and an objection was made that the judge did not instruct the jury that Mr Graham had a right to defend himself and his property. The conviction held with the sentence changed to must serve at least to years and a maximum of 25 years in the state penitentiary.
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Born in Brown's Creek, Coryell, Texas
Originally buried at Brown's Creek, Coryell, Texas. Moved to Kileen City Cemetery when Ft Hood was built.
An argument developed at Mr Graham's gate. Mrs Graham stated that her husband asked Mr Collier to not close his gate and she stated that Mr Collier said, "You damn SOB, I'll fix you so that you won't open it any more." There were three other witnesses, Mr. Massengill, Mr Chambers and Mr Townsend who stated that Mr. Graham threatened Mr. Collier.
A fight ensued in which Mr Graham got the best of Mr Collier. Mr Collier asked Mr Graham to let him up from the ground. When Mr Graham let him up, Mr Collier grabbed at Mr Grahams gunbelt causing Mr Graham's pistol to fall to the ground. A scuffle for the gun resulted in Mr Graham recovering it. Mr Collier grabbed a rock and drew back as if to throw it. Mr Graham shot Mr Collier who was able to walk away about 140-150 feet before he died.
At some point in the fight prior to Mr Collier being shot, he received a dollar size wound that measured about 1-1/2 deep. The coroner testified that the head wound caused a fractured skull and that the wound would have been fatal if Mr Collier had not been shot. The coroner did not believe the gun shot would have been fatal since Mr Collier was able to walk after being shot.
Mr Graham was released on $7500 on July 23, 1931.
The Coryell County Grand Jury for District Court Term January 1932 returned an indictment on Hugh Graham for the murder of W. G. Collier by shooting him with a gun.
At his trial, Hugh Graham plead not guilty by reason of self defense. He was convicted of murder and sentenced to 25 years in the state penitentiary. Mr Graham's attorney entered several motions for dismissal and points of error in the trial. Sentencing was postponed until Feb 16, 1932, when these appeals would be decided.
Most of these appeals centered on the fact that the indictment charged the murder was by gun shot and since the coroner waid the head wound was more likely the cause of death dismissal was requested for improper indictment. Self defense was also claimed and an objection was made that the judge did not instruct the jury that Mr Graham had a right to defend himself and his property. The conviction held with the sentence changed to must serve at least to years and a maximum of 25 years in the state penitentiary.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Born in Brown's Creek, Coryell, Texas
Originally buried at Brown's Creek, Coryell, Texas. Moved to Kileen City Cemetery when Ft Hood was built.
On Apr 10, 1931, W. G. Collier, a constable in Coryell County, went to the home of Hugh Graham to serve a warrant. Mr. Collier had served a warrant and arrested Mr. Graham about four months earlier on a different charge so there possibly were some bad feelings between the two men. Mr. Graham took offense to Mr. Collier coming on to his property.
An argument developed at Mr Graham's gate. Mrs Graham stated that her husband asked Mr Collier to not close his gate and she stated that Mr Collier said, "You damn SOB, I'll fix you so that you won't open it any more." There were three other witnesses, Mr. Massengill, Mr Chambers and Mr Townsend who stated that Mr. Graham threatened Mr. Collier.
A fight ensued in which Mr Graham got the best of Mr Collier. Mr Collier asked Mr Graham to let him up from the ground. When Mr Graham let him up, Mr Collier grabbed at Mr Grahams gunbelt causing Mr Graham's pistol to fall to the ground. A scuffle for the gun resulted in Mr Graham recovering it. Mr Collier grabbed a rock and drew back as if to throw it. Mr Graham shot Mr Collier who was able to walk away about 140-150 feet before he died.
At some point in the fight prior to Mr Collier being shot, he received a dollar size wound that measured about 1-1/2 deep. The coroner testified that the head wound caused a fractured skull and that the wound would have been fatal if Mr Collier had not been shot. The coroner did not believe the gun shot would have been fatal since Mr Collier was able to walk after being shot.
Mr Graham was released on $7500 on July 23, 1931.
The Coryell County Grand Jury for District Court Term January 1932 returned an indictment on Hugh Graham for the murder of W. G. Collier by shooting him with a gun.
At his trial, Hugh Graham plead not guilty by reason of self defense. He was convicted of murder and sentenced to 25 years in the state penitentiary. Mr Graham's attorney entered several motions for dismissal and points of error in the trial. Sentencing was postponed until Feb 16, 1932, when these appeals would be decided.
Most of these appeals centered on the fact that the indictment charged the murder was by gun shot and since the coroner waid the head wound was more likely the cause of death dismissal was requested for improper indictment. Self defense was also claimed and an objection was made that the judge did not instruct the jury that Mr Graham had a right to defend himself and his property. The conviction held with the sentence changed to must serve at least to years and a maximum of 25 years in the state penitentiary.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Born in Brown's Creek, Coryell, Texas
Originally buried at Brown's Creek, Coryell, Texas. Moved to Kileen City Cemetery when Ft Hood was built.
An argument developed at Mr Graham's gate. Mrs Graham stated that her husband asked Mr Collier to not close his gate and she stated that Mr Collier said, "You damn SOB, I'll fix you so that you won't open it any more." There were three other witnesses, Mr. Massengill, Mr Chambers and Mr Townsend who stated that Mr. Graham threatened Mr. Collier.
A fight ensued in which Mr Graham got the best of Mr Collier. Mr Collier asked Mr Graham to let him up from the ground. When Mr Graham let him up, Mr Collier grabbed at Mr Grahams gunbelt causing Mr Graham's pistol to fall to the ground. A scuffle for the gun resulted in Mr Graham recovering it. Mr Collier grabbed a rock and drew back as if to throw it. Mr Graham shot Mr Collier who was able to walk away about 140-150 feet before he died.
At some point in the fight prior to Mr Collier being shot, he received a dollar size wound that measured about 1-1/2 deep. The coroner testified that the head wound caused a fractured skull and that the wound would have been fatal if Mr Collier had not been shot. The coroner did not believe the gun shot would have been fatal since Mr Collier was able to walk after being shot.
Mr Graham was released on $7500 on July 23, 1931.
The Coryell County Grand Jury for District Court Term January 1932 returned an indictment on Hugh Graham for the murder of W. G. Collier by shooting him with a gun.
At his trial, Hugh Graham plead not guilty by reason of self defense. He was convicted of murder and sentenced to 25 years in the state penitentiary. Mr Graham's attorney entered several motions for dismissal and points of error in the trial. Sentencing was postponed until Feb 16, 1932, when these appeals would be decided.
Most of these appeals centered on the fact that the indictment charged the murder was by gun shot and since the coroner waid the head wound was more likely the cause of death dismissal was requested for improper indictment. Self defense was also claimed and an objection was made that the judge did not instruct the jury that Mr Graham had a right to defend himself and his property. The conviction held with the sentence changed to must serve at least to years and a maximum of 25 years in the state penitentiary.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Born in Brown's Creek, Coryell, Texas
Originally buried at Brown's Creek, Coryell, Texas. Moved to Kileen City Cemetery when Ft Hood was built.
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