The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-01-05

things not to be disturbed, and found a
waterproof and blanket on the horse
supposed to be Mr.. Axes saddle, as q
Winchester rifle scabbard was discoy-
cred fastened on his horse, and it was
known to be his custom to carry such,
and one blanket was found on the other
horse The waterproof and one blanket
was claimed by one Spence.
BEN THOMPSON.
r. ]. Stewart being recalled, further
deposes: The pistol shown to me, an
old fashioned and improved Colts revol-
yer, was handed me last evening for Off.
clal use, by Officer Watts, who took the
same from JEFF AXE. 1t had five bar
rels, with three loaded. The other pis-
toll now shown me is alsoa British bull
dog, self-cocker and double action five
shooter, with chambers all full, A boy
named Lewis handed it to me. l saw
him pick it up just behind deceased as
he lay under the door of the wine room.
had this, the latter, until this morning,
and another officer had the other, it hav-
ing been left there by Officer Watts. l
am day clerk at the police station.
X. j. STEWART.
THE VERDICT.
STATE OF TEXAS,
County of Travis.
We, the jury of inquest over the body
of Emmett McPhail, white man, find
that the deceased came 10 his death from
the effects of pistol shot fired by one
William j. Mcclellan, on the End day of
January, A. D. 1882, in the city of Aus
tin, county and state aforesaid; and we
further find that the said Mcclellan fired
said shot in pursuance of duty, being
called to assista peace officer, and when
it was necessary to preserve the peace
and to protect the officer summoning
him.
J. A. LoUTHERN
THOs. X. JOHNSON.
J. W. PATTERSON.
J. G. STRINGER.
j. r. KING.
his
ALEX Y CHALMERS.
mark.
WILSON GREGG,
Justice OF the Peace, Travis Co. Texas.
AN INTERVIEW WITH JEFF AXES IN JAIL.
A STATESMAN reporter called at the
Jail yesterday afternoon at o'clock, and
requested an interview with jeff Axes,
when Captain A. Denny, the efficient
keeper of the prison. courteously showed
him up to the cell where the prisoner is
confined.
HIS APPEARANCE.
The prisoner is a man of probably
thirty five years of age, five feet six
inches high, rather sparely made, and
has light or sandy hair. His eye is dull
and uninteresting, but the whole contour
of his face, as well as his decided ex-
preston and precise manner, would seem
to indicate decision of character. In
fact, his very looks betoken bad
man." when aroused or under the
influence of drink. When informed
that reporter wished to see him,
AXES, who was reclining upon a
pallet upon the floor, slowly and
deliberately arose, seemingly indifferent
as to whether he got up or not. His
manner toward the interviewer, how
ever, was very civil and might even be
called pleasant. His replies to interroga-
tories put to him were prompt and, ap-
parently, without reservation. He de-
MED most emphatically that he attacked
the negro man as stated, and accounts
for the assertion upon the theory that he
was mistaken for some one else.
HIS STORY
of the fight is to the effect that he and
his companion were drinking, and visited
the house where the difficulty occurred
simply "upon a lark" He says that
when Mr.. Watts approached him he did
not know he Watts was an officer, and
had he been duly appraised of the fact no
resistance would have been made. He
also said the officer put his hand upon
his pistol, which caused him to draw and
fire. He says he only shot once, and
thought he was acting in self-defense.
THE DEAD MANS IDENTITY.
According to the testimony of
AXES, the young man killed
lived at or near Bonham, in Fannin
county, and had mother, brother and
two sisters in that section. He had been
working for the prisoner (Akes) for some
time, but had quit the place. He fur
Their says that McPhail was out on bond,
under the charge of horse theft, from
Bonham, and corroborates fully the as
sumption of the STATESMAN that the let
ter referred 10 yesterday was intended
for NIess,s. CLARK and Chennoweth, law
yers, of Bonham, Fannin county.
The prisoner has, or purposely assumes,
an air of supreme nonchalance, and says
he intends to take matters easy. He has
employed r. H. Brumby, Esq, to de.
fend him