The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-09-07
OUR SAN ANTONIO LETTER.
Especial Correspondence of the statesman.l
SAN ANTONIO, Sept. A, 1882.


district court term, was crowded by
attorneys and the public who were
interested in hearing the application
of Ben Thompson for a writ OF ma
beas corpus, which was TO be made
before Judge Sam A. Wilson, oftht
court of appeals. The petition and
affidayits were the same as used in
the application to the Hon. j. M
Hurt, and were endorsed Refused
j. M. Hurt" When Ben Thompson
was brought up in custody of Sheriff
Mccall, he looked remarkably
healthy. He had smile upon his
face, and a cheerful word for every
one, but L thought there was an un'
der current that betoken WEAKNESS
of confinement and inactivity which
to man of Thompson's calibre must
be awful.
For the state were Tarleton and
Boone, Judge Devine, County
Attorney Cooke and Theo.Anderson
and Col. N. o. Green, j. A. Green
Jr, w. Walton, Thomas Sneed
George Pendexter and Dudley
Wooten, Austin, for the defense.
The affidavits, which were lengthy,
detailed new evidence in respect to
the shooting, tending to prove the
killing of Harris as an act of self
defense. Papers were also filed
showing that Thompson had aban-
doned his appeal against Judge
Noonan's decision, this being abso-
lutely necessary to obtain a hearing
of the case by an appellate judge in
chambers. When the application
was made. George Tarleton, for the
prosecution, asked that it be dis
missed for want of jurisdiction, and
urged that as defendant had taken
an appeal from the district court 10
the appellate court, nothing could
be done until the decision OF the lat
ter court had been declared. He
urged some good reason and law in
support of his motion, but when
Maj. Walton called attention to the
fact that the appeal was withdrawn
and supported his case with logic
and law, it was patent 10 many that
il could not be gainsaid
Judge Wilson deferred judgment
until 8 O'Clock, when he read his de-
cision, in which he observed that ar.
ticle 1S9 . criminal procedure was
complied with aud the application
showed that material and important
evidence had been obtained since
the hearing of the first petition
therefore he considered it his duty
to grant the writ prayed for. lie
was somewhat in doubt as to the
right of n prisoner to withdraw his
appeal, yet he considered 1t rea'
sonable one, but he resolved the
doubt i'm favor of the first writ OF
right, and overruled the motion 10
dismiss, according to the relator III
hearing upon his application.
Then occurred n discussion as to
the date upon which the petition
was to be heard. The prisoners
counsel asked that il should be imme.
diatcly set, but TO this the state OBJ
jected on the ground that some Of
the witnesses were absent from the
city, notably, the Mauri sisters and
Billy Sims, Harris friend and execu'
tor. The defense suggested that was
no bar, as the testimony was on file,
but il it was, theycould be examined
as far as possible and then, if neces
sary, adjourn ultimately. The court
decided to hear the case on Monday
mot Tuesday, as stated i'll the tele'
graphic reporD September IL, when
It is confidently asserted that bal
will be granted, although the bond
will be placed at high figure.
THE sCHwARz MURDER.
The all engrossing subject of con-
versation for the past two days, has
been the diabolical murder of b
6chwarz, the pawnbroker, under cir
cumstances already detailed. Be-
yond the description of the supposed
murderer already published, and thu
register in the book, there is nc
clue to his detection, and this MAI
may not have committed the muir
der, from the fact that Mr.. Schwarz
cried out, thief theft! minute oil
so before being stabbed. There i;
decided inference that either the
man had attempted to rob him, OIL
that he had offered some stolen prop
erty to him. There appears also
little doubt that he attempted
to detain the man, and that he wai
stabbed in the attempt. This theory
it all the more probable because
SchHa hated a thief, and has al
ready detained other men aud has
been the means of sending them tt
the penitentiary. On the othel
hand, revenge for this may have beer
the motive for the murder but, bt
the motive what it may, it is feared
the murderer has cleared out an(
will not be detected, though a large
sum mas been raised as a reward fol
his apprehension.
A PUBLIC READING ROOM FOR SAN
ANTONIO.
The British association have de-
oided to open a reading room in Sal
Antonio, which will be supplied
with the principal British and Amer
lean newspapers, and it will NJ
doubt prove valuable addition tC
our city institutions. The associa
ton is fiourishing, and promises t.
be one of the most influential in tn
city. 1t is composed OF Englishmen
lrishmen, Scotchmen, Welshmen an(
colonists OF Great Britain in al
parts of the state, who meet weekly
for social purposes. The association
is to q degree beneficial, and look
after the rights and interests of it
members and their compatriot
generally. 1t also has been tn,
means of taking charge o
deceased Britons' effects and..seein;
them preserved for the rightful he'll
Mr.. w. Holland, a merchant of thi
city, is president; H. Ryder Taylor
your representative here, is vic
president; r. j. Kendall, local agen
of the Galveston Neaos, is secretary
and Walter Scott, the wood pave
ment builder, is treasurer, so its locu
standi is a respectable one. Sub
scriptions are in order for the funds
AID FOR BRowNsvILLE.
AS if to retrieve the disgrace al
tendant upon the first failure. GU
citizens have come forward an,
done their duty. Mayor French an,
County Judge Smith wisely place,
the matter in the hands of a com
mittee of ladies' and as q result near
ly one thousand dollars has bee
raised. Ladies are the best worker
in such affairs and the most success
full. Who can say no to a prett
girl with good tempered fac
when he knows that she pleads for
good cause? II. Il. T.
| The Teeth.
Perfect taste and q comedy forr
are of little account If every witt
word or sunny smile reveals decaye(
broken and bad teeth. A goo
dentist is often the best friend {