The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1880-03-25
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defendant to take 4 hand with us, and
he seemed willing TO do so, and we
tskA sro FlAT. IS
Either Ryan or myself asked him 10
play, but am notcertain who, but thing
1t was Ryan. We played q few hands,
and finally proposed 20 beta half dollar
that had the best poker.hand. Shubert
said he would not bet half a dollar,
but was willing 10 bet five or ten, and
pulled out five dollars, and laid them
on the table. Ryan was putting up
some money, and I was getting out
some TO put up, when Shubert threw
his Rand on the table and said II
win and commenced grabbing the
money. He was trying to get his,
Ryans, and nine and rose up from
the table and struck young Simms in
the breast. i did not notice his hand
of uaras, and don't Know who had the
best. AS soon rs defendant struck
Simms he rose and took hold of him.
and the scuffling commenced. l did
not ses either strike the other, but in q
| few moments Simms cried out: 'Look:
out; he's got gun" Ryan then
jumped up and went to defendant, and
commenced hitting him IN the fece.
and think struck him five or SIX
times, when | heard report
OF apistoh [ did not see the pistol,
nor did our crowd have any weaponss
/ don't think any OF us even had d
pocket knife. l had just got up from
the table when the shot was fired. [
saw Simms fall TO the floor, and imme-
dIately heard another shot. L. was
fired Just as l was going out Of the
back door, and it seemed to me 1 heard
three or four shots. l first saw
Simms Tuesday night at the Casino
theaser, where he was working; do
not know when, or where, we met Ry-
an; but we went down into the first
ward and visited Sailie Dsggett's and
Bianch Documents, aud after staying
there some time we went up to the
Gam saloon, where we met the defend
ant and played cards. l do not know.
whether We played euchre or seven up,
nor do know how many games we had
| played before / proposed to make a
poker hand. l held three jacks or
kings, and think Simms had up money.
did not say / would bet $40, nor did
pull out anything that looked like 4,
| $40 gold piece. I had put up 50. 80 or
lisa, but don't know for certain whether
Ryan or Simms had up any or not l
did not engage in the scuffle nor. strike
! defendant, nor do know who got his
money, which, believe, was trade
dollars. The above ia all the impor-
tant facts OF ''Chip's' testimony. AZ
tsr he closed one Of the young ladies s.
fling h she first ward wac intro
duced, but her evidence was not
important, as she had not witnessed
the difficulty The state then permitted
the defendant to Introduce Mr.. Wyatt,
q justice of the pesca of Hays county,
who testified to the good character and
standing OF Shubert, after which John
Hamilton, or "Scotty," one of the en-
p'oyees of the Gem Restaurant, testi-
| fed as follows: was in the Gem sa-
loon restaurant the night Sirmns
! WAS SHOT.
saw the trouble, but did not see
when he was shot. Simms, Ryan
and Burlage were IN the res
taurant some time before I saw
Shubert and LIZZIE Black come IN.
When he came in one Of them asked
him 10 SIT down and play for the
lzirioks. Hsfefnsti to play, and said
Die Tdien's Sspt 90 Do. sat down aud
soon they went 20 playing some game,
and after short time | saw Burlage
aud the stranger put money on the ia
BILE, and short while after they COM
menced 70 dispute about the game.
The table on WHICH they plsyed
was sasmall-one,f and Chip sat Opposite
the defendant, while Red was.on bis
right. was standing Just behind
Simms, who sat on the defendants left.
l heard Burlsge offer Co play with de-
fendsnt az his partner for the drinks,
aud ] they lost he would pay for
them. Alter short time one of
them proposs5. to turn the game IL
"a poker. .and BnIlage putssdown
/ on The table twenty-five cents. The
stranger said he would bet FIVE dollars
aud put down I've American silver dol
i lars. Ryan also put up money and he
and Burlsge put their money in the
center Of the table, but the stranger
kept hiselose q him where he could
easily put his Hand 90 L. and refused
to mix It with the ether money. When
the stranger first pu, up his five dollars
Chip Buflage offered to bet SEQ and
drew cut q
''sPIFfs PIECE
and put it upon the table The
stranger ssked to see and examine IL
70 find out il ik-was good money, but
Ba4sge refused, snd got up ard went
out, and said he would get II changed.
de cslne back in few moments, And
Simms said, "Show your hands, Bur
| sge had chopped ous of the game ansi
the stranger said I have three aces, and
resched for his own money which was
about nine inches from the fiji. III
didn't see him nv q get the other
noncg. His. money was scattered and
don't know who got Il as the scuf-
fling commenced, and ran out into the
kitchen. and shortly after heard the
shot. Hooked into the dining room
and saw Simms GA the floor, aud heard
Simms say twice ''Wbers are the other
|fellowsip aud be walked out the front
door.
Manfred Baxter testified as follows:
Twas present the night Simms waNhot.
heard BRrlags tell the defeniant that
Il he would come into : game OF cards
As bic partner and play for the drinks