The evening light. [volume] (San Antonio, Tex.) 1881-1883, 1882-07-28

pushS' Sd'u'N Ndl WHCluCI ! was OK
cited. | do not think was. took the gun
home next day; had the gun in my hands
that night and licked it up in my room. I
had been taken by the woman. had to pass
by the gun to get to Harris, and noticed it
was not ocked, or should not have pushed
it along.
Mr.. T. P. Mccall re-called: was sheriff
when the legislative excursion came here.
About IL o'clock on the first or second night
he sent policeman to my house saying he
wanted to see me. | came down, and l saw
Jack about the door, he had his gun in his
hand, | said, whats the matter, Jack, and
Jack said, ''there's going to be trouble here |
am afraid, and | want the officers here to keep
"rder.' There were several polio men the e,
and we stayed there till clock in the morn
ing. He said Thompson was in town, and
if he came there he would kill him. told
him he was foolish to talk that way as hi
was public house and any one had a righ,
to be there, if he behaved himself. He said
well | want the Officers to keep the peace,
and he said Thompson could not come there.
didn't known him. do not remember him
saying anything about Thompson disturbing
him before.
MR.. SIMS (Recalled).
remember the legislative excursion. Mr.
Thompson was here then. saw Harris and
Thompson meet at the Green Front. The
conversation was subsequent to the Laredo
visit. | cannot say the date. | was there
and | heard Thompson speak to Jack Harris
II believe you was looking for me with
hot gun last mig ht." Jack Harris said, mo
sir, | was not" Ben said, Il heard you
was" Jack replied, "No was only waiting
for you.' Ben says, "Do you mean to say i
can't come in your house." Jack said, .'Ii
you had house and forbid me to 60
into it l would not 60 round" Ben
Thompson again asked this question
and Harris replied, mo you can't"
Ben said, "Well, am coming to your house,
and 1t the doors are closed | am going to kick
them down. II you think care damn for
you, just Jump out on the plaza with your shot
gun" They then went down the street, three
or four Others being with them. On the night
OF the murder met him at Wolfson's corner,
and asked him not to 60 there as Ben Thomp-
son was there. He was armed with Coils
revolver, As calibre. do not know that he
was armed prior to meeting me, because
gave him six-shooter when we met. From
the screen to the bar is about IL feet. If he
had have desired to have used the pistol at the
screen while Thompson was at the bar he
could have done so.
CROSS EXAMINED
When met Harris had two pistols on. ]
brought tw" pistols ir IN home. idon't know
whether brought two pistols. | cannot say
why | brought them. brought both pistols
home in the morning. ant left them on table
in private room under a coat. Then | got
them and put them on. No one was pres
ent when gave Harris the pistol.
told H'rris not to 60 to the bar as Thomp-
son was here, 'oking for him. | gave him
the pistol to protect himself. turned around
after giving II i'm the pistol and ca me to the
house: that was before the talk with Thomp-
son. did not see Harris at the saloon.
LEO TARLEToN
deposed: recollec, the legislative excursion.
know Thompson. He was here then.
know nothing Of shooting on that occasion.
Attempt was made to introduce in testimony
as to Thompson firing in the Vaudeville, bu,
was objected to. Objection sustained. was at
Hord's hotel with Col. TIL mpson, Mr. Johns,
and | think Nj. pendex'er | came over to
Harris saloon an! saw Harris with shot
gun. asked Jack what was the matter. He
said, "that d S. b. has been in my house
in my absence, and that he should not come
again" do not use the exact words, per-
haps, but that was their meaning He SAYS,
'.he's a man want nothing to do with. He
came here and robbed me, and want him to
keep away from here. took hold of the gun
and got him to put it behind the counter.
After that he said "By God | want nothing
to do with him, want him to let me alone;
told him not to Come in my house, and if he
comes here | intend to kill him." then
said would have no difficulty about the mat
ter, as there was officers around. He said he
had sent for them. but he did not see any of
them there. ! was there an hour or two,
when saw several officers there and saw no
disturbance.
Cross exapined: cannot say ween it &C.
cured, except that it was whilst the legisla-
ture was here. saw Mccall there later.
Harris put up his gun before Mccall came.
! could not say whether Cashell was there or
not can't say whether Jack had his gun
JACK CUMMINGS, (Colored),
opposed: have lived at Jack Harris about
twelve years. At the the house l saw
Harris 60 up he had his shot gun in his hand
| asked if he wanted me to take his gun. His
gun was full cooked, both triggers. | am
sure oft.
This closed the evidence. The state then
announced that they had no desire to argue
the case. and the defence declared they did
not intend to argue the case unless the Judge
was uncertain on anv point of law.
Judge Noonan said he was quite clear as to
the law an the facts. He had scrutinized the
evidence with more than ordinary care. and he
came to the conclusion that the defendant was
not entitled TO bail
A Sueaking Thief.
A sneak thief veSterdav aSked M Iobn