The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-11-15
THE HOOPER MURDER TRIAL.
Full Report Of the Evidenee-The
ApDearance of the Defendant,

The celebrated murder case of The
State of Texas VS.. w. H. Hooper, on
trial in this county, on change of
venue from Hays county, was called
yesterday. All the forenoon was
spent in getting jury. Both the
state and defendant exhausted all
their peremptorY challenges and a
large number were excused by the
court for cause. About o'clock yes
terday afternoon twelve men were
sworn. After the jury had been
sworn one of the elect
twelve discovered that he had misun-
derstood the court in regard to his
question about his prejudice to CAPT.
tai punishment. He had answered
he had none and he affirmed that he
could not consent to give his voice to
hang any man. Here was a fix. The
jury was not qualified to sit and the
judge held that he had no power to
excuse him and put another juror in
his place; nor had the court au-
thority to discharge the whole
jury and call a new one.
The court suggested that he, the dis
trict attorney, might molly pros the
case and he would remand the de-
PENDANT to another grand jury. Then
the question came up if the empanel-
ing of jury did not put the defend
ant in jeopardy, and if under the con-
stitution he could be indicted again.
The middle was fixed all right by the
defendant in open court, consenting
to have the juror dischaI ged and an
other put in his place. Another juror
was obtained and the trial began.
The first witness for the state was
David Lynch, who testified: l live at
Echolls. He was killed in Kyle the
9th day of last June. Did not see
the killing 1 was justice of the peace
at the time and held an inquest over
the body of the deceased. Defendant
nation had before me. Deceased was
found in a dying condition in front of
his shop on the sidewalk. l had the
Jury to examine him after we put
him in his own house or shop-he had
expired. When saw him he had
pistol shot in his right side; that
wound was the cause of his death.
At the examination the defen-
CONSUL. l think his attorney was
81 w d1GClO. 1hO ON1uOuCO w do
reduced to writing. There was
Mexican sworn, Emanuel Ga barber).
He had a shop second door from de-
ceased's shop. Have not seen him for
some time; saw him soon after the
killing (paper shown witness). l rec
ognize the writing shown me as the
evidence OF the Mexican. He is said
to be dead.
Cross-exS mined-Deceased had been
living at Kyle but short time-per-
haps not more than two months. The
Mexican had only been there short
time. He could not speak English
and had to have an interpreter when
his evidence was taken. My impress
sion is Mr.. Franklin, district attorney,
wrote down the evidence of the
Mexican, and one Goldbeck interpre-
ted the evidence. He is German.
1 don't know about the correctness
of the Mexican's evidence as written
down. He is said to have gone
to New Braunfels. Goldbeck is now
in Kyle.
The second witness sworn was Maj.
W. D. Hutchinson, who testified: l
think saw the paper shown me at
Kyle first, where the Mexican was ex-
amined. know nothing of the Mex
leans whereabouts now. Saw him in
San Marcos after he testified in Kyle.
CrosS-examined: 1 don't remember
whether the oath was interpreted to
the Mexican or not. Do not remem-
Der that his evidence was read over to
him after he gave it. The interpreter
Frequently hesitated in his manner of
Interpretation, and was not perfect in
his Interpretation.
At this point court adjourned.
The defendant is a young man about
thirty or thirty-five years of age, with
a mild, blue eye, light florid COM
plexion and light mustache. He
has high, well-shaped forehead and
his manner is that of a gentleman.
He walked into the court room with
a firm, quick step and took his seat by
his counsel without the least evidence
of nervousness. He seemed deeply
interested in all that passed, but be-
You'd that, there was nothing pecu-
liar in his manner. Twelve witnesses
were sworn on the part of the state
and as many more for the defense, and
the trial will, ing all probability, take
several days. Judges Walters and
Hutchinson, of San Marcos, and Maj.
Walton and Mr.. Russell, of Austin,
| are the defendants counsel.