The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-01-22

morning promptly " hplrpN't nine
o'clock, lhe Judge announcing himself
ready W receive lhe cane, The wit
nesses were sammpued aud present.
with tho exception oeD, H. Fegger
who was sick, aud having been placed
under rule aud IN ehAlgp of deputy
sheriff, were removed FROM the court
ROOM
The FIRST witness placed on the stand
was Iuliua u, BOgel, lhe Well Known
liqupr dealer, OF Main street, a pnrs
ton of the indictment was read 10
him by District Attorney Bower l1e-
oognlzed j. Z, llorhach, prisoner AZ
the bar as the man who SHOT H. Is
Thomas, New Neafp eYei WIN u plh'
tOl, a party of gentlemen met ~ hle
saloon, December 81, lhlai all hHd
been drinking freely tjasls 10 tho new
year etp, Thomas, after playing And
losing a game OF lllteen-ball pool, dis
puled tho barheGper'a statement ~ W
HE number oldrinks he lIhOmasl owed,
llurbuoh entering, Thomas appealed 10
him aud llorbach deciding IA iavor OF
the harkeeper, Thomas remarked,
"any one WHO said he owed for two
rounda was u damn liar aud lac could
lick any one who said so,'
AT the same time using an upprohrlOua
epithel, aud shaking liorbaph hy the
coat luppels several llnleH, llorbAoli
pushing him of with his left hand,
drew Ills revolver aud fired, the bhll
striking Thomas above The lett eye.
lie fell, aud llorbach, after maxim
some threatening remarks 10 MIN,
walked out. y. III, Shock, H. PurdY
Wilson, AOrbach, ihOnns, Frank
| DuckwOrth aud witness were all there
when the shooting took place, AZ the
request Of tho district attorney The Wit
meas drew q diagram, showing the poo
stOn Of the bur room, counter olllce,
slove, billiard table, and also of Shock
and Purdy Wilson'S two witnesses prea'
cnl. Thls was shown Hlid explained
TO thc Juryl, Thomas was considerably
intoxicated had no weapon of any
kind. Horhach had also been drink
ing
Gross.eXamlned by Judge Good for
defense; Thomas was there when
witness, with s. III. Shock, came In
from the theater. ilorGaGh afterwards
came In with H. Purdy Wilson, Was
In front of the store when the sprink-
ling pot was brought into the bar room
by lIorbnck, placed on the counter anu
Knocked thcrerrom by Thomas. H0r-
Inch then remarked, what tho hell
do YOU mean?n Witness was M init
mate friend OF deceased was not 50
friendly TO prisoner at the bar had rc-
fused to sell him n gallon OF whisky on
credit some time before the difficulty.
On being asked IL he was now on
friendly terms with the prisoner, he
answered In the negative, for the rea.
son that he had killed his best friend
and afterwards made some threatening
remark to him with the pistol still In
his hand.
Frank Duckworth, barkeeper for j
G. Bogel was then placcl GA the Wit
ness stand. lie Is u young man OF APP
parently twenty years of age, dark hair
and eyes, rosy checks, aud gave his
testimony In clear and audible tone
and straightforward manner making II
favorable impression on both jury and
spectators. Identified Horbach rs the
party who did the shooting; was well
acquainted with the deceased. After
the game Of pool had been played
Thomas disputed his tDuckworth's)
statement as to the number of drinks
he charged him. Witness remarked, In
u friendly tone, "Ali right, Harry and
only charged him for one round OF
drinks, taking u half dollar for the
same from the money Thomas handed
him. Thomas remarked he could lick
any s--n of u b--h who said he owed
for two rounds Of drinks. Witnes,
T created some amusement in court by
his vigorous illustration on the person
of one of the counsel for the prosecu'
; ton of the manner in which Thomas
} laid his hands on the lappels of prison
er's coat, at the same time remarkinl
az can whip any s--n of n b--h who
SAYS owe for two rounds of drinks.
CROSS EXAMINED.
Saw pistol in possession of Horbach al
hour previous to the shooting. Prison
er and II. Purdy Wilson came in to-
: gether, drank with Thomas on invita-
. ton, aud were friendly until the APP
peal to Horbach as to whether he
owed for drinks. Had not heard of any
previous quarrel. Horbach had invit'
ed Thomas aud Shock to dine witt
him New Years day. When Thomas
fell, witness followed prisoner to the
partition between the store and bal
room, and laid his hand on his arm
{ prisoner still had pistol in his hand.
! When reeXamined by the state, wit
ness said he thought the remark as t(
licking any s-n ola b-h w-.o said h'
owed two rounds, was addressed tt
him (the barkeeper).
T.. +. Easley, Nj. d., testified Knew
Thomas; he is dead. His death wa'
caused by pistol shot at the hands OF
the prisoner, whom he identified. De
l ceased was shot in the orbit of the
: left eye the ball, after splitting, pene
trated directly to about the center o
Uranium, then DETECTED to the left ant
buried itself in brain matter. The bal
was shown to the jury, conical shaped
r split into a Y and slightly ilattened.
The wound was about six inches ii
depth recovery hardly possible. Whel
Thomas was removed to the hotel ant
| undressed 10 weapon was fouud OIL
him.
CRoSS-EXAMINED.
Used probe January LIST, simply t.
ascertain If the ball had entered, an(
prohed very short distance; eye
much swollen; lid closed. The de
ceased became partially paralyzed on
lett side; was in that condition when
, witness examined him shortly ate
the shooting. a wound of that char
acter produces irregular symptoms %
paralysis. When iheskull Was openet
blood clots were found alung the lin,
of the wound. Deceased died from
compression of the brain, caused by nc
emulation of blood OH the brain
, Trephining might have been resOrte,
to, but such an operation was hardly
justiilable, and frequently unsuccess
ful. In his opinion il was impossible
: fur uapaasp1 Ia nnyp recovered from