The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1875-01-23

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lho I.rtHpJm. INuUr. fpu.l .I,
"Auy Onc whU auid un O"d lIr $50
rounds U0. ID dtWl liIr WI Un DDulfI
HEX uuy one vino Hrld Hu'
NJ the same timo using uu nppr0ufioll5
cpithd, nnd shaking liuflmch ~ ihe
coat appel4 several times llDrDach,
pushing him or witl Ills lcit lnndt
drew his revolver nud Cred, thc bail
striking Thomas ubOyc tir Lett e!c.
lie lcll, aud HDfIuah, utpr iHuking
some threatening rcI0arks to MIA,
walled Uut. =. 81. shock, !" PurdY
Wilson, HOrUacl, Thomas, frank
Duckwouh and witness were all there
when the shO,ting TOOK place. ~ tue
request OF the district attorney The wit
ness drew II diagram, showing the po-
sIiiOn of the bar room, counter, Ollice,
stove billiard table, aud also Of shock
and purdy Wilson. two witnesses pres
ent. This was shown and explained
10 the juryl. VhOma was considerably
intoxicated haa - weapon of any
kind Horhach had also been drink
ing.
Cross.examincd by Judge Good for
defense: lhOmns was there when
witness, with S. II. Shock, came in
from the theuter. ioraach afterwards
came IN with IL. Purdy Wilson. Was
in front of the store when the sprnk-
ling pot was brought into the bar room
10y HorbaCiy, placed on The counter and
knocked therefrom 10y Thomas. Hor-
bach then remarked, "What the hell
do YOU mean Witness was al init
mate friend of deceased was not SO
friendly to prisoner at the bar; had re-
fused to sell him II gallon of whisky on
credit some time before tire difficulty.
On being asked if 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 Ducllworth, barkeeper for j.
G. Bogel, was then placed on the wit
ness stand. He is u young man Of APP
parently twenty years of age, dark hair
and eyes, rosy checks, and gave his
testimony in clear and audible tone
and straightforward manner, making u
favorable impression on both jury and
spectators. identified Horbach as the
party who did the shooting; was well
acquainted with the deceased. After
the game of pool had been played
Thomas disputed his (Ducllworth's)
statement as to the number of drinks
he charged him. Witness remarked, in
II friendly tone, "All right, Harry" and
only charged him for one round of
drinks, taking half dollar for the
same from the money Thomas handed
him. Thomas remarked he could lick
any s--i of a b--h who said he owed
for two rounds of drinks. Witness
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, al the same time remarking
AZ can whip any s--n of a b-h who
SAYS owe for two rounds of drinks"
CROSS EXAMINED.
Saw pistol in possession of Horbach an
hour previous to the shooting. Prison
er and II. Purify Wilson came in to-
gether, drank with Thomas on invita-
ton, and we've 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 and Shock to dine with
him New Years day. When Thomas
fell, witness followed prisoner 10 the
partition between the store and bar
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 TO
licking any s-n of n b--h W. o said he
owed two rounds, was addressed to
him (the barkeeper).
Il. II. Easley, NJ. d., testified: Knew
Thomas /; he is dead. His death was
caused by pistol shot at the hands of
the prisoner, whom he identified. De-
ceased WAS shot in the orbit of the
left eye the ball, after splitting, penc'
trated directly to about the center OF
Uranium, then detected to the left and
buried itselfin brain matter. The ball
was shown to the jury, conical shaped,
split into u V and slightly ilattened. ]
The wound was about six inches in
depth recovery hardly possible. When
Thomas was removed tn the hotel ana
undressed no weapon WAS found on
him.
CROSS Elk MINED
Used probe January LIST, simply to
ascertain f the bail had entered, and
probcd very short distance; eye
much swollen; liz! closed. The Ge-
ceased became partially paralyzed on
left side; was in that condition when
witness examined him shortly after
the shooting. \ wound Of that char
acter produces irregular symptoms of
paralysis. When the skull was opened
blood clots were found. along the line
of the wound. Deceased died from
compression of the brain, caused by ac-
cumulation of blood on the brain.
Trephining might have been resorted
to, but such an operation was hardly
Unsuitable, and frequently unsuccess-
full. In his opinion it was impossible
for deceased to have recovered from
such wound.
J. Il. Barkleys examined: Was at
home i'm bed New ears eve; was
reused from bed between eleven and
twelve; went to Bogels; there was
tbStNf
lying wounded. Inquired who shot
him; was told who it was; went in
search of and arrested the prisoner in
fifteen or twenty minutes after leaving
Bogel's. Found him in a room of X.
Purdy Wilson; got the key from r.
Puriy Wilson, the deputy city mar
shah was with him.
Here witness was asked, by the pros
ecution, who was in the room with the
prisoner when arrested. This question
being objected to 10y counsel for de-
Tense, the witness stood aside.
Bogel was recalled, and measure
ment OF the bar counter, heighth,
length and breadth, given as follows:
Length fourteen feet four inches,
heig tn four feet one inch, width nine
teen and one-half inches.
S. III. Shock sworn: Was at Bogefs
the night of the difficulty; went there
with Bogel between 10 and IL O'Clock.
Found there Thomas and the bar
keeper; r. Purdy Wilson came in with
Horbach. Witness went to the thea
4, p. p,at Rooel, went To his house to