 Daily News
Galveston, Texas July 25, 1890 pg.2 A Constable Charged with the Killing of a Lawyer turned Loose on a $500 Bond Sherman, Tx, July 24 - Testimony in the preliminary examination of Creed Porter, charged with the murder of J. H. Cummins at Pottsboro yesterday, is to the effect that a quarrel arose between the parties over fees in a certain case in the justice's court. Defendant is the constable of the precinct. Deceased had resigned the office of prosecuting attorney because, as he alleged, he could not get his fees collected. The fees over which the quarrel across belonged to a third party, the son of the deceased. Cummins accused Porter of having compromised an account, which defendant denounced as a lie. A fight was the result. But one knife was seen, though both parties were seen at different times in possession of it. The last words of the deceased as he held the knife uplifted were, "If he has cut me with this, I will kill him." Deceased the fell and shortly afterward expired from wounds in the breast. Four or five hours afterwards defendant was examined. It was ascertained he was stabbed in the right leg and another wound was found on his breast. On cross-examination it was shown that in the attack, deceased was the aggressor, that deceased was not called a liar until he had accused defendant of official corruption, that defendant had a knife in plain view at the time he told the deceased he was not able to fight him, that deceased was over six feet in height, robust and about 40 years old and defendant is a small man, 61 years old. At the conclusion of the hearing the court put defendant's bond at $500, which he gave without trouble to await the action of the grand jury.  The Sunday Gazetteer Sunday, July 27, 1890 pg 1 HOT WORDS CALL FOR BLOOD Judge James Cummins, a Prominent Lawyer and Politician, is Killed by Constable Porter A gloom was cast over the town of Pottsboro and surrounding country on last Wednesday, by the inaction of one of the most terrible tragedies ever reported from that section, in which Judge James Cummins, a prominent farmer and attorney, lost his life. While sitting in front of a drug store a dispute arose between Cummins and Constable Porter, about some fees coming to Cummins' son as a witness in a suit. They repaired to the office of Justice D. W. Odell to examine the docket, and while there was a war of words occurred, and finally the lie was given Cummins by Porter and he was instantly struck by Cummins with his fist. Odell succeeded in separating them, but was unable to keep them apart. Porter finally drew his knife and stabbed Cummins twice in the breast near the heart, Cummins falling and expiring in a few minutes. Porter surrendered immediately and was placed in the county jail at Sherman. Justice Odell, in whose office the difficult began, said: "The affair came up about 11 o'clock in my office. Cummins told Porter he had failed to collect some witness fees due his (Cummins') son. From this the quarrel became warmer, and Porter called Cummins a liar. Cummins knocked Porter down once or twice, I think, and Porter then got up and cut Cummins with a knife. They then got outside of the office and I heard them at it again. I started out to get some help to stop the difficulty, and when I got to them I saw Cummins standing with Porter's knife in his hand, and he said to me, pointing to a bloody place on the left side of his shirt, 'If he (meaning Porter) has cut me I will kill him." I think the was the last he ever said for he sank down an died in a few moments. Porter said to a reporter: "The attack was so unexpected to me that I cannot tell you just how it did come up. I know that I was knocked down and that I am cut in the breast and in the right leg." Both wounds, to which Mr. Porter referred, were seen by the reporter and are painful, while his face showed signs of some pretty rough treatment. The deceased was a man perhaps 45 years of age and very robust and well developed. He was considered an excellent citizen and was one of the leading politicians in the county, being a member of the county executive committee from his precinct. Cummins, while a resident of this city, married a daughter of our townsman, Dr. Morrison, the wife and a large family of grown children survive him. His remains were brought to this city on Thursday and interred in the afternoon of the same day, a large concourse of friends paying their last sad respects. Constable Creed Porter is a man who has a very quiet demeanor and has always been considered one who would, on almost any pretext, avoid a difficulty. He is held in high esteem by his neighbors and has three times been elected constable. He is 61 years of age. Porter had a preliminary hearing on Thursday and was released on a $500 bond. It seems to be almost a universal decision that the act was done in self-defense. The Sunday Gazetteer Sunday, August 3, 1890 pg 1 INDIGNITY DENIED Pottsboro, Texas July 27, 1890 To the Gazetteer: The Evening Dispatch of your town made a baseless assertion concerning Mr. J. H. Cummins' death, to the effect that 'whiskey was the sole source," and as friends of the deceased we wish this corrected through your paper. No falsehood has a foundation and this one is not an exception. It was not kind to aggravate the sorrow of Mr. Cummins' family as the Dispatch has done, nor was it honorable or manly, and the paper's assertion was purely and simply false in fact, spirit and letter, and that paper should rebuke its informer. Signed: J. W. Carey, E. D. McCready, E. W. Chiles, G. L. Fergate, A. W. Hulett, Jno. Graham, N. C. Parish The Sunday Gazetteer Sunday, August 3, 1890 pg 4 CARD OF THANKS Mrs. H. A. Cummins and family, of Pottsboro, beg leave herewith to return their most grateful thanks to the many kind friends of Denison and Pottsboro for their acts and words of sympathy and affection during the first hours of their great affliction, and during and after the solemn services over the dear dead one who has been laid away forever. To Judge Cunningham we express our gratitude for words of condolence. To the Gazetteer, Guide, Sherman Courier and other papers we are greatly indebted for kindly notices of the loving husband and father whom we will miss forever. Pottsboro, Tex., July 27, 1890 Constable Creed Porter, who killed Judge Jim Cummins in an affray at Pottsboro week before last, was taken with blood poisoning from his wounds the first of the week, and for a time serious results were feared. He is now, however, improving and is in a fair way to recover. Mr. Porter was in the city Saturday. The Sunday Gazetteer Sunday, September 21, 1890 The grand jury refused to find a bill against Porter for killing Jim Cummins. The Austin Weekly Statesman Austin, Texas July 31, 1890 SHOT AND KILLED Terrible Shooting Affray at an East Texas Saw Mill Stabbed To the Heart Tragedy at Pottsboro in Which a Prominent Citizen Loses His Life - Happenings Throughout Texas STABBED TO THE HEART Pittsburg, July 23 - J.H. Cummings, a prominent citizen of Pottsboro, was today stabbed to the heart by Constable Creed Porter. Some time ago a woman named Mrs. McIntyre was dismissed from the M.E. church on testimony given by Alex. Cummings, son of the deceased. Bad blood was engendered by this testimony. Today the parties met. Porter gave Cummings the life. Cummings knocked Porter down, when the latter drew his knife and used it with fatal effect. Porter was arrested. He claims he acted in self-defense. JIM CUMMINGS' MURDER Sherman, Texas, July 23 - The sheriff arrived this evening from Pottsboro with Creed Porter, who killed Jim Cummings today. Porter made a statement that Cummings jumped on him and they had a scuffle over a knife which Porter plunged into Cummings twice. The stroke reached the heart. Cummings, however, grabbed the knife and cut Porter in the leg and once in the breast. The knife glanced off from the breast bone which saved him. Porter has an examining trial in the morning. Felony Susan Hawkins © 2024 If you find any of Grayson County TxGenWeb links inoperable, please send me a message. |