The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1878-03-28
state OF Texas v. Joseph Nalle-Tea-
tImOny for the Defense.

timOny IOr the OcAensSs
B. M. Odom Continually Saw knife
lust as Male and Markley separated;
blade from two to three inches, be
thinks; had never seen the knife be-
fore or since. He had on many occa-
sions seen defendant use little pocket
knife as people usually use them. When
he left the presence of Markley
he went with Male to the market
house; DeGress told him to go to the
marshal; went to the marshal and he
took charge of Nslle. He then went
down on the street. When witness
left Markley he was not dead.
He didn't do anything for Markley
because he went of with Male too
soon. When he separated from Male
at the market house he did not go
back to see if Markley was dead or
alive. The scuffie covered four or i've
PAGES one way and six or seven feet the
other; witness had no expectation oil
meeting Marley when he came into
the STATESMAN Office, nor OF meeting
him at the Palace Saloon.
j. II. iSlsisher testified that Male,
Platt, Odom, witness and Gillelsnd
went into the editorial room. Card
well was sitting at his desk in CONVEX
sation with Markley and Herbert.
Herbert gave his seat to Male. With
out knowing that any ill-blood existed
between the parties, took seat on q
window-sill, near DuPre's desk, and
entered into conversation with DuPre,
paving no attention to the CONVEX
satlon between Male, Cardwell
and Markley, until attention was at
tracted by loud and angry talking be-
tween Male and Markley; the damn
lie passed between them, when Male
threw an inkstand, or other missiles at
Markley; at this time Plat jumped
up and clinched with Markley, ex-
claiming at the time, ''knock him
down." or some such words; by main
strength the bystanders separated
Markley and Platt by pulling Platt
back; Male raised q chair about
that time. but the chair was
warded off after that matters
became a little quiet. Markley
said that as Plat was an old man he
would not fight him under any circum-
stances, but as for Male, if he would step
out, they would settle matters right
at once. Both started out, but were
prevented from going. immediately
Markley said to Male, Sc will see you
again, or "meet you again." or some
such words. About this time Male,
Cardwell and probably others went
out of the room. Witness took seat
| by Markley; he handed Markley
| his handkerchief and he wiped blood
from his face from a scratch made by
Plat; he then commenced talking to
him with view of making
peace between all parties; he said
he had nothing against Plat,
and called Platt, who was about going
out of the door; Plat did not appear
to hear Msrkley, and witness called
him back; Plstt came back and
reconciliation took place. Plat
and Msrkley shaking hands; Markley
said to Plstt, when he returned, that
he had nothing against him; he was
an old man and that they belonged to
tine same society as soon as they shook
hands Plat left the room, leaving
Markley and witness together; remem-
Der no one else in the room; DuPre may
have remained, but he did not remem-
Der to have seen him his back was to
his desk; saw no one but. Markley at
the time. He then applied himself to
bringing about a reconciliation between
Markley and Nslle; argued with HIM
that fighting was the poorest way
in the world to settle difficulties; wit
ness explained to him what Males
position was on the market question as
explained to him by Nslle tina: morn
ing. After the explanation, Markley
said he did not believe word of it f;
he said he had to have settlement
with Male, or words to that effect; he
also said that Nalle was not honest,
including Male; he said DeGress and
others acting with him were not honest
and wanted to swindle the city. Wit
ness talked with Markley from five to
ten minutes and seeing no prospect of
bringing about reconciliation
left. Markley's tone when speaking
of settling with Male was angry, his
manner emphatic; he spoke of Male
bitterly witness left Markley not angry
towards me but bitter towards Male
elected no expression from Markley
of a disposition tending towards
reconciliation. Witness had been
to Male about lighting city lamps,
when 0dom and Platt came. Then
the subject of city markets came up.
Male explained his position to him
fully; concurred with him; was re-
quested to go to the STATESMAN of
fee to explain the matter there
had no expectation of meeting Markley
there. Witness committed his state
ment of how matters went at the
STATESMAN Office to paper the day af.
ter these occurrences. Markley had
done nothing except to use the word:
mentioned up to the time Nalle threw
at him, and when Plstt rushed al
him, when Markley said to Nalle, SO
will see you again." Nalle replied,
Every well, SIR" Platt returned tC
the room after being called by Mark.
ley and witness; Markley rose to hi;
feet and extended his hand at once tC
Plat; Markley said Plat and himself
were both Masons; in giving the con-
versation between himself and Mark
ley, witness was positive only as to
substance and not as to words the tone
of Markley was not loud, but ordinary
Markley did not make any threat tc
kill.
Joseph Hdnnig testified that he saw
Markley ut his store the day before he
was killed; Markley said to him that 6
set wanted to take advantage of the
city; that the set was composed oil
Nalle, Miller, Plat and DeGress; ssiG
he would do all in his power to defeat
them; that he did not believe the peo
pie wanted q market house. He sslG
be believed this set would sell ouI
their country and their God and theil
families for money; that personal in
terest urged the construction of a mar
ket house; saw Nalle next day at din
ner; Nalle, Plat and 0dom came into
Salge's saloon, while witness was there,
and sat down to eat oysters. This was
not more than fifteen minutes before
Mzrklry was killed; cav nothing unu.
, sual in Males manner.
DR.. Il. H. L. BIB testified that b.
was on intimate terms with Markley
he was one of his best friends; exam.
: ined Markley's wounds as surgeon
He stated that the two incised wound:
coHld have been made with q knife
blade-minimum one and a half inches
maximum two and half inches. Had
always regarded deceased as q man o.
fine physical powers; was strong
stout, active and athletic; weighed
It's or 600 pounds; as strong as two
such men as Male. Witness gradu