The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-12-14
THE TRIAL AT ELGIN.
Miss Maynard Tells Her Tale, and
Wisenant COrObOrates 1t.

A special reporter of the STATES
MAN was at Elgin Friday and the
day before, acting incognito, for the
purpose OF securing such facts as
might be elected in the investigation.
There was quite an assemblage of the
yeomanry of Bastrop county present;
large number of friends of the ac-
cused, and some whose sympathies
were enlisted on the side of the prose-
cutiOn. Major Sayers was counsel for
the defense, and Messrs. Gregg and
Hewitt for the state. The evidence
taken as tothe killing was the same as
has already been given in these
columns, except that Miss Maynardwas
examined privily. The testimony of
the witnesses developed state
of facts presenting two defenses good
in law: First, the facts immediately
surrounding the tragedy show that
the defendant, Maynard, who did the
killing, acted upon reasonable pre-
sumption of immediate danger sec
ond, the fact that is recognized in law
as reducing murder to Inanslaughter,
was clearly and conclusively estab-
lished by the testimony of two wit
witnesses-the only two cogniZant Of
the facts. The testimony further
shows that the presence of both May
nard and Fowler in Elgin on the even
ing of the killing was Tor the purpose
of bringing Miss Maynard to the city
of Austin ON the early Saturday morn
ing's train, for the purpose of consum-
mating a marriage with Mr.. Shirley,
the engagement for which had been of
some time standing; that May
nard and Fowler had, from the
time of the arrival of the train that
brought them to Elgin at about 1886
p. III. on the evening of the killing,
mad two interviews with Miss May
nard and secured her consent to the
course indicated, she being averse
thereto at the first interview, and
anxious of knowing if no other method
of settlement would do; for the pur-
pose of coming to Austin she was en-
gagged in packing her clothes when
Shlrley's unexpected arrival was an
nounced to her, by Shirley knocking
at the door of her room, it being also
the parlor Of the family where she was
boarding. Before admitting him she
learned of the presence of Mr.. Fowler
in the hall, by his inquiry if that was
Mr.. Shirley, he replying that was his
name, in an unusual tone; Fowler
stating to Shirley his name, and that
he was Miss Lula's brother-in-law,
and stating the other person then in
the hall to be Ed. Maynard,
Miss Maynard's brother. and
stating to Shirley that there was
some trouble between him and Miss
Lula, to whom he was engaged to
10 Cd and fhaf hn fhaVorhk
best for them to marry, and invited
settle it quietly as possible. Shirley
replied by stating that matter to be
his business, and that he had come to
see Miss Lula and not her brother or
brother-inAaw. That there was then
some cominotion in the hall is If some
one was thrown or stumbled down
that Shirley Immediately came
into the room followed by Mr.. Ed.
Maynard, Shirley taking the position
relative to the spot where he fell. Mr..
Fowler came into the room he was
caught hold of by Miss Maynard and
she requested the parties not to talk
so loud as to let people hear them. Mr..
Shirley stated that they had better
get out of that room or he would blow
hole through them. The firing then
began, Mr.. Fowler saying, "Stoplstopl
Ed, give me that pistol" Fowler took
hold of a pistol from Maynard and
seized hold of Miss Maynard and car
ried her out of the room into the hall;
returned into the room and brought
Mr.. Maynard out Immediately, Mr..
Maynard exclaiming: Fowler, do you
think / was going to let that man
treat my sister as he did and then kill
meY
Miss Maynard's testimony was
corroborated in every particular by
the witness Whisenant as to the fact
upon which the ugly rumors were
predicated. The testimony of these
two witnesses disposed of the case,
and all that could be asked was that
MAYNARD be held under bond
to appear for trial. OF course this
was merely a trial for commitment.
The grand jury will be called upon to
take cogniZance of the case, and then
there may be new developments. The
evidence elected was not anticipated
by the state, and further proceeding
after the statement by Miss Maynard
were considered futile.
The state conducted the investiga-
ton SO as to elicit all requisite facts.
and then procured the setting aside Of
the former proceedings and the sub
stitution of new bond as for man
slaughter. Of course there are yet
specnIations. but comments must give
way to law and future Developments
When the case gets into the district
court there will be more latitude from
which to procure testimony, and the