The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1878-03-21

Msrkley only touched each othe,
with the ends of their fingers
when they came together; Wit
ness thinks ten seconds passed from
the time left Nalle to go to Piatt
aud then he took hold of Nalle-wnen
he was moving upon Marbley with the
chair; did not see Markley while en-
gagged with Plat; did NOT know whist
he did Just then; he might have spok.
en- and witness not heard him; did not
see Platt and Markley make friends :
LETT Swisher gong towards Markley.
Witness had no earnest conversation
with Nalle; remembered no words
spoken by others IN the room while en-
gagged with Male after the fuss. While
in the composing room talking about
the market house affair Male spoke
casually of Markley as an ignoramus
and one assuming responsibilities not
pertaining to him; spoke in condem-
natory manner of Markley and said he
paid great deal more taxes than he
did. Males manner when he left the
STATESMAN Office was pleasant.
julius .SehHt,e, sworn.
Q.-Has the defendant, since his
difficulty with Il. J. Markley. or
within the last week, handed to Won a
dirk knife, bowie knife, butcher knife
or dagger2
Al decline to answer, because of
! the fact that am the attorney for the
defense, anc also because the question
is not admissible, being leading.
The court held that the witness shall
answer.
Dennis COrdcin testified that Male
weighs 119 pounds; that Markley was
heavier man than himself and that
he weighs 162 pounds; Marllley was
strong and compact, IN the prime of
life and vigor. Witness was not well
acquainted with Markley.
b. NJ. CaOm testified that he was
walking down the Avenue, in front of
CortlssoZ's saloon, when he met
Nalle, Platt, Swlsher and Gilleland;
Swisher was talking gas" to Male,
and a proposition was made to
go to the STATESMAN Office and
talk to Cardwell about the market
house ordinance; they took drinks be-
fore they went, but Male may have
only taken "a cigar; went to the
STATESMAN Office and into the edi-
torial room, where was Caldwell, Du-
Pre-, Herbert and Markley; took seats,
and Male addressed himself to Card
well, telling him he came to speak
with him about the article III the pa
per. He talked TO him, witness not
remembering the precise import of the
conversation. Male told Cardwell he en-
dorsed the position of the paper on free
markets, and said he wanted to present
both sides of the market house ordi-
nance to him. and that he would like
to see both sides fairly represented in
the paper. Male was, as he remem-
bers, speaking to the question of free
markets in all the wards. Witness
was attracted finalIy by a remark of
Dlarkley, who said, 'NIr. Male, you
have lost your grip" or something to
this effect. Markley then added, you
aud DeGress are colluding to rob or
bleed the city of $4,000" Male
said, Don't make such an accusation,
Markley." Markley replied Striking
the table with his fist: "You have"
and witness thinks ne said he could
prove it. Both rose to their feet
upon Nalle telling Markley he was
damned liar" Witness cannot say
what Markley said in reply. Male i'm
mediately threw an inkstand and then |!
something else, and both were lodged |
by Narkley. Plat also was seated in |
the far end of the office and moved to
wards Markley, saying, "Hit him, kill |
him." Platt went for Markley about |
the time the missiles ere being sent at |
Markley by Male, and when Platt got |
to Markley the fuss between Markley
and Nalle was about over. Cardwell |
and witness had interviewed between
Nalle and Markley; Platt and Markley
struck at each other and scratched |
at one another and were then parted. |
Markley then said, "Platt, you are an
old man, and we cannot fight" Wit
ness stated that he then said TO Male,
s'walk out of this office and we will |
settle the matter" Male made move
ment of acquiesoonoo, whom they We're
stopped. Witness says that Markley
then said, 81 will settle this with you
at another time and place." Witness
further states that they were again ap-
pealed to, to drop the matter. The
trouble ended then, and Male attempt
ed to make further statement to Card
well, when something that did not
hear was said, and Male and Cardwell
passed into the main room to desk or
table. Platt, Gilleland and witness
followed into the main room; they
stood around and waited for Cardwell
and Male to finish talking when Plat,
Gilleland and witness went into the
large room Swisher, Markley and some
other person probably remained be-
hind Plat was called back by some
one, and soon came back again into
the main room; when Male and Card
well were through talking he apollo
gized for his part of the fuss, and he,
Plat, Swisher, Gilleland and witness
left the Office together; Herbert had
gone off for some papers and had not
returned when they left; Male left tire
office in good humor; Swisher
and Gilleland separated from Male,
Plat and witness about Mr.. Mar
tins shoe store. These three went
on to Pecan street; Nslle then asked
witness and Platt to take oysters with
him, saying he had to attend the city
council meeting and had not time to
go home. Witness went off and re-
turned to SIlge's saloon and found
L ldtb dnO IuCEO NdBc, I
Plat and witness left the saloon to-
gether; started up to the STATESMAN
Office to see if Herbert had delivered
certain papers to Cardwell-the city
council proceedings; Mr.. Plat was not
with us when we got up about
the Avenue Hotel; when witness
and Male got to the Palace
Saloon, Male and witness were
walking together, Nalle on the street
side of the pavement; witness did not
notice who the men were standing
before the Palace Saloon until he was
passing them; his attention was at
tracted by the inner man of the three
calling, peremptorily, "Nalle, are you
as good man as you were awhile ago."
this man then stepped around the 9TH
er two, on the north side, and to the
front of Male, who had turned to-
wards him. Nalle replied in the affir-
native; Markley Immediately grasped
Nalle about the shoulder, or lapel of
his coat; Nalle instantly grabbed
about the breast, both clinch-
ing at the same time; they Rugged
each other up at once, heads and shout
ders lowered, and they were in a sort
of twist; their right hands were
rather under, or between them
witness thinks the right hands
of both were in motion witness stated
s'the contest was very fierce and vio-
lent" the scuffle lasted something less
than one minute; at last one grunted
4