The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-11-15

!. | had said anything wrong. Hoops
then interfered and kept him from
cutting me with his knife, which h,
had in the meantime drawn. W.
proposed to settle the matter, anC
shook hands across the tabls. TheI
he drew his knife and ordered me tC
go out of his house. l agreed, anG
then went out. AS 1 went out he
said he would swim in some mans
blood; and that id soon, and
asked Blume to stay in his house until
he came back: Blum refused. Then
he asked defendant, Hooper, to stay
and he agreed to remain. Eckles
then came out the door and said "Pu
fix you, d-n you" l went into Mar
tins saloon. He started in the other
direction. l was in Martins back
room when the shooting was done.
Did not see Eckles more TIL he was
shot.
Ores s-examination- asked
me to his shop. I told him L did
not have time, but afterwards Mr..
Blume and 1 went down, and he
asked us in and to take seats. We
sat and during our conversation got
to disputing and he got mad. Then
Hooper came in and in friendly way
demonstrated with Eckles not to have
difficulty; that l had meant no
| harm. He then asked me what l
meant by a word thoroughbred, and
said he allowed no man to insult him
in his own house. l told
him L had not intended to
insult him, and was willing to apollo
giZe, etc.
Mr.. Flume was the second witness
for the state. The evidence of this
witness was in corroboratioa Of the
last, giving the same account of the
origin of the trouble as he.
Mr.. J. B. Carpenter said: l reside
near Kyle; remember the killing Of
Eckles by Hooper; L saw the smoke
FROM the last shot; 1 was sitting on
the platform near the hotel, and 'front.'
ing it; there was nothing to ObStruct
my view of the shooting; raised my
head and looked, and saw the smoke
from the last shot. l went out of the
door; two shots were fired; the last
shot was fired just as l raised my
head, and Eckles fell after the second
shot. Mr.. Eckles was standing near
the door sill when he was shot; 1 did
not see a pistol in his hand; L saw it
after it was picked up; the first time
l saw it, it was after it was thrown
on the streets; could not see man
inside of the house; Eckles' clothes
were powdered; 1 did not examine
the wound; Hooper was standing on
the door sill; l think the last shot was
fired by Hooper; the smoke came
from Hooper's pistol and covered
Eckles' shoulders; 1 don't know if
there was time between the shots for
the smoke of the first shot to disap-
pear. l did not see Eckles Until
he was shot; do not know if
he passed me on the streets.
MIR. Hooper and Mr.. Tom Martin
are brothers-in-law. 1 knew Mr..
Eckles when [ saw him; had no ac-
quaintance with him; L don't know
that the smoke 1 saw was the COM
bined smoke of two pistols; think it
was from Hooper's pistol; L was
about sixty yards from the shooting;
the smoke was visible a very short
time; the mans falling attracted my
attention and l did not notice the
smoke afterwards; defendant re-
manned near him; when l went to de-
ceased he was lying near the door;
near his feet lay his saddle knife;
when Mr.. Eckles fell Mr.. Hooper
threw the pistol of Mr.. Eckles' into
the street; l saw bullet hole through
the ceiling; know Mr.. Blume; did
not see him until after the shooting;
the two men were very near each
other when the shooting began, not
further apart than two or three feet;
when / got to where EckleS' was, l
saw Hooper's hand, and it was
power-burnt; he was holding it up
as if in pain.
Mr.. Barber, sheriff of Hays county,
states: was in Kyle on the day OF
the killing of Eckles; 1 saw pistol
on street; don't know who picked
it up-one barrel had been shot-I or
some one from my order. l saw that
Hooper's hand was powder-burnt; /
don't think that his hand was bis
hand; when l saw the pistol it was
half cooked; [ examined Hooper's
hand that day and saw red streak
OF his hand-seemed to be made from
powder. 1 think Mr.. Hooper was
drinking. was in the hotel when
the shooting occurred; Mr.. Blume
came and told me that there was
about to be trouble on the street, and
to go down and stop it; 1 had pris-
oner and could not go ut once; 1 got
Mr.. Lynch to hold the prisoner, and
about this time heard the shooting.
Mr.. Hooper's pistol had one ball fired
from it. Don't know the size.
Miss Saba Martin was then sworn
and said: l knew Mr.. Eckles well;
was on the gallery and saw the shoot
ing; my attention was first attracted
to loud voice; 1 looked and saw Mr..
Hooper have hold of Mr.. Eckles' pis-
toll, and heard the two shots; l ran
up stairs.
Cross-examined-I was on my IA
theirs gallery when the shooting oc-
Cured; was down stairs on the
front gallery, near the street, when L
first saw Hooper; he was holding Mr..
Eckles' pistol by his left hand; Mr..
Hooper was in the door and Mr..
Eckles on the sidewalk; l saw the
second shot fired; L saw all of Mr..
Hooper's body when he shot; he was
standing in the door of Eckles' shop.
When the second shot was fired Mr..
Hooper was on the platform. My IA
ther came through the house while /
was standing on the gallery. He went
through the dining-room, passed me,
before,the,shots werelfred. l did not see
my father come down. Went up
stairs after the shooting and my IA
ther come down. He was up there
when l went up. l went on the gal
lery to get drink of water and was
drinking Watpr Wbnn tho fret chof