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

ltIg IA four lrfi nnn WlAi width nine
teen and pue hM iurhes,
b. II, 6lprf sWmi Was al liogel's
lue night OF thn dlilcullyi went there
with hpRel helNprn 10 aud ~ O'Clock,
Found there Thomas aud the bar
keeper Il, lumy Wilson came ~ win
iinruarh, Witness went ~ the thea
ltr met h0grli went 10 his house ~
laieRdrinki lhpmAs Waslherei invited
them ~ drink, tunYrihid WIN VIII
ness about railroad matters Tor lhib'
Thomas proposed pooh Thomas lpsli
disputed drinkti said any man who
said he owed Two rounds 0f drinks was
q lying s--n Ofa b. h said 30 10 lior'
bach, NllneHs was shaking his heal
~ llprhaeh 20 lAke no notice OF H.
when Thomas stepped bprkl throwing
his cont hRrf ~ IL "a dlaW n pistol,
llOrbAch asked, "M hat doypu menn.'
drew aud fred, Witness WAS shown
u diagram OF The building and sample
room In rear, with hNr ROOM
counter aud office, aud explained The
same a. the iuryl, Tie respective pO'
stlOnh OF lhe parties present ~ the
ahootng (ilorbach and 'rh0mas) were
very close saw Thomas touch him
twice or three times on We breast
A0rbaeh facing NORTH win Ills right
arm on the counter, VhOmps lacng
llOrbaGh did not see Thomas have
anything Ia hlahandu, Started for the
doctor when he saw I'hOmAa TALL, The
previous relations between Thomas
aud ll0rbaph were friendly, ll0r-
bach borrowed hve dollars from witness
10 give u new yeai'a dinner 10 Th0maa
nndulhen ne gyear's day. Thomas had
given the damn lilo aud s--n " a b-h
two or three times, striking H0rbaeh
on the breast two orthree times, Was
u short distance from Thomas could
have seen II had Thomas had any
thing IN his hand saw IN umbrella
In the ROOM II was not IN Thomas
hands. There We're two umbrellas "
the ROOM ThOmus claimed one. B0-
gel had taken drink or two Thomas
was drinking freely; liOrbach was
about ns drunk rs witness ever saw
him. Thomas made u step hack and
threw back his 0oat ~ II 10 draw u pis-
tol. Witness illustrated the posltlon by
raising 10 his feet, facing the jury, and
throwing back hls couLl Judge Hare
sustained the objection Of state c0un-
rel rs 10 the question whether witness
knew or not that Thomas cnrrlod
concealed weapons, also NJ o.
Thomas character when drinking,
llorbach sald just before firing,
"what do you mem ~ After firing
al Al Ia al
Did not see him direct the pistol AT
Bogel or any one else think Bogel
was much excited; also the barkeeper
was excited and incensed. Heard the
barkeeper say II he had pistol he
would shoot Horbach.
CRossoEXAMINED.
Let the theatre together with l}0gcl,
Ilorbnch aud Wilson came into the
house; Thomas said, "that do settle II;
we win all drink Have known llor-
bach twenty-five or thirty years,
Thomas was drinking freely; witness
was not drunk nor drinking freely
enough to be mistaken. Thomas had
no umbrella In his hand at the time
he pushed witness away, Have visited
Bogel ten months; seen his face red
frequently; does not know whether he
was drunk or not; Bogel's complexion
~ naturally ford. Thomas asked
liorbach "'if he owed two rounds OF
drink ?" When Thomas threw down
the pot | was behind Thomas, shaking
my head at the defendant. Deceased
was facing the defendant Witness
was taller than deceased and could see
over his shoulder. Did not see Hor-
bach push back Thomas, did not
see the pistol when drawn; thinks
from the movement Horbach drew the
pistol from his coat pocket. Duck
worth, the barkeeper, was nearer the
deceased than witness was not there
when Thomas was picked up; went
for II doctor, when Thomas fell. When
Thomas first said any man is damn
lying s-n of b-h, ETC., Horbach
smiled and said, "then you don't owe
for two rounds.n r.. Purdy Wilson
went out after the shot was fired. Has
not taken an extreme interest in the
defense have not employed counsel.
II, Purdy Wilson was next cel]ed /:
Was present ut the shooting; went
there about 1910, Major Horbach with
me. Came from club house, 31G Com
merce street, for the purpose of getting
Shock and Thomas to go to the clut
room and have n good time,
see the old year out and the
new year in. Shock and Thomas
and Frank, the barkeeper, were there.
was introduced to Thomas and asked
to take drink. Went to table, play
ing with pool balls; Thomas proposed
fifteen ball pool and lost. Thomas
said, at is now twenty minutes to
twelve O'clock, and hope this time,
twenty minutes to twelve o'clock, 1875.
we may all be here.n When he asked
Horbach if he did owe two rounds he
knocked the sprinkling pot from the
counter, and it caught Horbach's coat.
He struck him in the breast several
times, Horbach asking him, "what do
you mean; what do You want?"
Thomas stepped back several feet,
throwing his hand back as if to draw a
pistol. Witness stepped around think
ing II shot would be fired, and Horbach,
drawing his pistol with both hands,
fired and Thomas fell. Witness gave
a diagram Of the building to the jury,
and explained the position of all the
actors in the tragedy Witness was to
the right, SO he could see every
thing. Hardly think Horbach could
stand erect he WAS so much under
the influence of liquor. The counter
was high; don't think the barkeeper
could see the movement of Horbach
and Thomas hands; did not see any
weapon in Horbach's possession be.
fore the shooting; did not know il
Thomas was armed. Thomas had an
umbrella in his hands; laid down the
umbrella and had nothing in his hand.
Witness heard damn lying s-n of a
b-h given to Horbach twice or three
times. Shock and Thomas were to
dine together with Major Horhach and
family new year. The relations be-
tween Horbach and Thomas up to the
time ofthe difficulty were perfectly
friendly; had heard of no difficulty