On January 30, 1908, in Palestine, Texas, 31-year-old Constable Dave Pierce, a white male, accompanied Mr. D.W. Hart to the residence of Sam Tubbs, also known as Sam Tubb. Mr. Hart had previously sold Tubbs a gas engine and sawmill equipment, for which Tubbs had failed to make payment. Constable Pierce carried civil papers to serve on Tubbs, including a writ of sequestration for the equipment. Upon their arrival, Tubbs was not present, but his son permitted Pierce and Hart to enter the house.
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