The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-01-03

luc eNlutuct VI iSf. ~. IL I4isAcyb
taken on oath ut Dallas, In said
county, on the I'd day Of January,
1875, before me, J. ID. Kerfoot, coroner
for said county and also before the
jury then and there sworn, to inquire
how II. X. Thomas, then and there
lying dead, came TO his death; Is M
follows;
DR. BAsLEY SWORN.
am u practicing physician. ] was
acquainted with II. X. Thomas In his
lifetime. He IL dead-died on the
night OF the lat OF January, 1878, al
twenty-seven minutes past nine o'clock
p. NJ. i attended him In his last sick
ness. He died from compression Of
the brain, the result OF hemorhage.
He was shot In the left eye the ball
passed from the eye through the floor
Of the orbit into the left hemisphere of
the cerebrum and was embedded In
the posterlor lobe Of the right hemis-
phere of the cerebrum. The above
described wound was the cause of de-
ceased's death. Il. EAsLEY.
]. q. BoGEL SWORN.
JIG. B6gel being duly sworn, depos-
es and says: / was acquainted with
ii. X. Thomas. He IL dead. On the
night OF the 3lst Of December, 1874, /
saw Mr.. Horbach shoot him with
pistol. He was shot Immediately over
the left eye. AS soon as the shot was
fired, deceased fell. About half-past
eleven o'clock, as we were about to
close our house. All the parties
In the house had been drinking
that night. Deceased stepped up to the
barkeeper and asked him how much
he owed The barkeeper told him he
owed for two rounds, one being for the
drinks lprevious TO the game Of pool,
and the other for the pool game.
Whereupon Mr.. Thomas pulled out d
dollar and said he didn't owe any such
damned thing, that he only owed for
the pool game and for nothing pIevi-
ous to that. The barkeeper told him
all right, and only took out for one
round Of drinks and handed him the
change. Mr.. Thomas then walked of
from the counter, and said In a
loud voice, that any man who said he
owed for another round Of drinks was
damned liar, or something to that
effect. In the meantime, Mr.. HOr-
bach had gone to the front of the
store and was sitting on a barrel sing
ing, and returned In few minutes
with sprlnkling pot In his hand and
danced up and down the floor, as If he
was sprinkling the floor, singing In
the meantime. l then went to the
'front.' got my book, and took the
money out of the drawer and turned
some of the lights, and while doing
SO heard terrible racket In the
back room, which was caused from the
dropping of the sprinkling pot from
the counter by Mr.. Thomas. then
heard Mr.. Horbach ask Mr.. Thomas
"what in the hell do you mean."
didn't hear the reply of Mr.. Thomas,
AS had gone into my Office. i then
returned and went behind the bar and
whispered to the bar keeper and said,
"by all means lets close up.n Thomas
and Horback continued talking, MIR.
Thomas In an angry manner. then
saw Mr.. Horbach approach Mr..
Thomas and say, II have got enough
Of this" and pushed him offa little bit,
and in the meantime, he drew pistol
and fired 1t, the shot taking effect as
above stated. Horbach had the pistol
right at Thomas eye when he fired.
J. c. BoGEI.
h r. WILSON SWORN.
r. p. Wilson being duly sworn, de-
poses and says: i LETT the Com ercial
club room with Mr.. Horbach and Went
to MIR. Bogel's saloon. After we had
been there sometime, Mr.. Thomas
asked Mr.. Horbach II he (Thomas)
owed for another round Of drinks. Mr..
Horbach said he did. Mr.. Thomas
said that any one who said so was
damned lying son Of bitch. Thomas
then struck Mr.. Horbach several times
In the breast with his fist Mr.. Hor-
bach then asked him what he meant,
and put his hand in his pocket, pulled
out pistol, and with both hands
raised and fired. He was q long time
getting 1t out of his pocket. AS soon
as the pistol fired, Mr.. Thomas fell and
Mr.. H0rbach walked out Of the store.
Il. p. WILSON.
VERDICT OF THE coRoNER's JURY. !
An inquisltion, taken at Dallas, in /
said county, on the second day of JAN
uary, 1875. beforeJ. ID. Kerfoot, coro-
ner In and for said county, upon the
view of the body of HI. X. Thomas,
then and there lying dead, upon the
oath OF w. w. Peak, J. Putty. r. M.
Williams, J. Z. Reed, w. McCullom
and w. w. Ross. good and lawful
jurors Of said county, who, being sworn
and charged TO inquire, on the part OF
the state, into the cause, manner, time
and circumstances of the death OF III.
X. Thomas, do say, upon their oaths,
that deceased came to his death from
the effects Of gun shot wound, fired