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

4
they halted and looked at Markley
Markley asked Nslle, ''Are you as good
man as you were awhile sgol" Nallt
replied, 81 am" They clinched, both
at the same time. He saw Nalle pull
out dirk knife from the waistband Of
his pants. Its blade was six or sever
inches long. Then he cav Male push
ing the knife into Mafkiey's left side
and working the knife. They sepa
rated Immediately. Markley placed
his hand upon his breast and moved
felt BE followed Markley and asked
him If he was killed. He made no re-
ply, but groaned. He then looked out
of the door and saw Nalle looking into
the saloon door with bloody knife iu
his hand. He Immediately went fol
DIR. Burt, and then returned with him
When he got back Markley was dead.
He saw Markley's body searched, and
no weapon was found upon it. he
saw Markley use no weapon; saw him
have no weapons. After they separated
he saw both of Markley's hands, and
he had no weapon in either one OF
them. He threw his right hand on
his breast and the other hung at bis
side. He backed into the saloon, his
face towards the witness. No one
was ia the way to obslruct his view
of lfarkIey. Markley took hold OF
Males shoulders, and his hands were
upon or around Males shoulders,
when Male drew the knife and used
1t. Witness saw the knife, and the
next thing he saw was Male working
the knife In Markley's breast. He saw
40 blow made; he saw no evidence of
injury on Males person when he
looked at him after Markley was stab
bed; he stood still, looking towards
the deceased; he left him standing
there, and this was the last he saw of
Male; he had the knife in his hand
he just then noticed no one but Nalle
he noticed only one wound.
There was but little done in Justice
Tegener's lcourt Friday forenoon IN
taking testimony in the Male case.
Mr. Cummings was examined and
cross-examined, but nothing new was
given in the way of evidence. In the
afternoon the court met again and
four witnesses were heard, namely
Doctors Bib and Burt, Sheriff Cor
win and Mr.. Cole, a stranger. Drs.
Bibb and Burt gave testimony as to
the character of the wounds of Dir.
Marklsy, in effect the same as hereto
fore published.
Sheriff COrioiR testified that he saw
Markley Immediately after he was
killed; that he saw his body about 2
o'clock; examined his person, clothes
ana pockets with the view of finding
weapons if there were any about him,
and that he did not find any weapons
of any kind. The body was lying in.
side of saloon on the Avenue at the
time he made the examination.
r. II. Cole testified that he was not
acquainted with either Nalleor Marley
up to the time of the difficulty. He
came up to the parties about the time
they met; he heard something said By
some lone and he thought they both
took hold of each other about the same
time; If there was any difference itwas
that Male took hold first. Ono of
them said something about being as
good a man as before; they grappled,
when Male took knife from his right
side; he saw only one thrust, when the
scuflling ceased. When the knife was
Withdrawn Markley had his hands
upon the shoulders of Male. They
turned round during the scuffle; he
noticed no blows; he did not know
whether Male was pushing or hold
ing on to Markley; he saw mo other
efforts ct violence than what.he stated.
Msrkley, when stabbed, backed into
the saloon, and fell, witness followed
and saw Male look into the saloon at
Markley, and then he put up the knife.
There were several persons present at
this time. He saw no weapon about
Markley.
q. p Assmdnn testified that he
knew Markley while alive, but that he
was not we'll acquainted with him. He
had seen defendant many times but
did not know him. Witness said he
is a guusmith. and has . shop next, to
the Palace Saloon, on the north side.
On Wednesdays between 2 end 3
o'clock, be heard noise on the street
and went to the. door; when he got.
there he saw. defendant with
Knife with blood ON il; the blade
was FIVE or six inches long.
Male was standing with his face to-
wards the saloon, and Markley was
just then stepping into the saloon door
Markley fell down where he could be
seen by the defendant; defendant still
stood with the knife; witness then
looked at Msrkley, and directly after
he saw Male going off with 0dom in
the direction of the market house
witness saw no weapon of any
kind in the hands of Mark
ley, or about him, or on
The floor of the saloon where Markley
fell. He saw Gilleland and Cummings
near by. He went to Markley and held
his head until he died. He did not see
fall, but heard him fall. He
did not examined for weapons about
Markley. Male could see Markley af-
ter he fell.
John Penn testified that he was in
front OF the furniture store, below the
Palace Saloon, when be first noticed
Male and Msrkley; defendant and
scuffied; he thought them
playing until he heard one man say
.sOhp Markley then moved immedi-
ateiy into the'door of the saloon; the
stood as peaceable and
quiet as could be; be had knife in
his right hand; witness thought it o
dirk knife; the knife had blood on
it; Markley had gone in. the
house when saw the knife
Male put the knife in his
pants waist under the vest he went
away then, odOm with HIM; they went
off slowly; witness saw Male look at
the knife once or twice before he put
it away, and he thinks he wiped on his
pants; Ealle and Odom went towards
The mayors office; odom stood by
Male when witness saw the knife in
his hand.
w N. Galeldnd says: Went into
office with Plat, Odom,
Swisher and Male; Cardwell, DuPre,
and Herbert and probably
others were in the editorial room; wit
ness heard noiwords that he eoulf dis
anguish; he saw Male throw an ink
stand at Markley; be then threw 4 pair
Of shears at Markley; he saw Markley
make no demonstration or do anything
10 Male; after Male was taken away
BY Cardwell, Plstt who was sitting
behind the rest, arose and moved to-
ward Markley and used some rough |
words at him; they got together and
struck each other; he was inclined to
believe that Markley struck first; Platt |
and Markley were Immediately sepa-
rated; Platt's nose was left with marks |
upon Il, and Markley was left with 8
scar on the side Of his face; witness |