The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-09-18

six feet high or over. The robber was
smaller, aud the defendant taller than
/ am. Defendant is not the man who
robbed us. He is too tall, maybe by
six inches. l have DO doubt about de
PENDANT being too tall and large fol-
I TIL. man who robbed us. The pas.
ser gers asked Mr.. Fry if he knew the
rob0er; Fry said: No, was afraid
he would yet my watch. Fry held bis
own horse and had good opportunity
to observe the robber. 1 would know
the man who robbed the stage should
| see him again; am positive about
the robbers height.
The testimony of the Button post
master was lengthy but not material
to the point of the accused being the
robber. 1t rather indicated the posi-
bility, if not probability, of some other
person being the guilty party.
Joe Morris testified to Jim Davis
and Hammonds berg together near
Button, about two hours after the
time of his robbery.
The testimony of Mr.. Sarthon,
butcher, of New Orleans, who was
one of the passengers, recited the
facts of the robbery, pretty much as
detailed by the stage driver. Accord
ing to witness observation, the rob-
Der was pretty tall, 1.-THE accused,
Hammonds, is about s feet 1 inch
high, young man. He didn't thlnk
the robber was novice at the ousl-
ness, and he did not think defendant
was the man; had about SlOO COILS
described); cant say what the other
passenger, yonng man, gave the
robber. The robber kept my pocket
book and money. The old man who
came up in the buggywas not robbed.
Mr.. Fry was examined at lengtn,
but his testimony was mainly cor
Of that of the stage driver.
He said he did not know the robber.
He had been on Hammonds' bond on
a criminal charge. Witness did not
know why the robber did not rob him.
The testimony of Joe Davis proved
material to the prosecution.
was in company with
other young men the evening OF the
robbery, after it occurred. They did
not speak of having been anywhere
specially, but spoke OF going to a
dance down the river.
A. M. Yaeger was the last witness
His testimony recited at |
ength the details of conversation |
he day tier the robbery, which took
place as the Crossing of the Colorado, |
Yaeger and companion, Gov
ngton, and Sam Hammonds, who
,ame up with Bill Elkins. One of the
elbows who came up said: what in
5he HI do you fellows rob the stage
10 often over there for ?" Covlngton
aid: "We did not" One of the men
aid he (the man) robbed the stage,
md had done it several times. Brice
said: at is dangerous
hing, IS it not, Sam?" Sam replied:
L just get the drop on them, and
hen they wilt" The other man
dded that while the robbery
vas going on Uncle Peter Fry came
long and was scared nearly to death.
Nothing was said about the money
often from the stage. After cross
ng the river Elkins and Hammonds
urned away to the right down the
liver. 1t was Sam HammondS who
said he robbed the stage,
nd had robbed it several times. did
ot see any arms in the crowd. The
lyle of the conversation was as if it
vas between two LlanO men and
'urnet man trying each party to
barge the robbery on one another. 1
now it to be a common thing for the
eople of BurneJ to get after the
Ilano people for lawlessness, and for
he latter to retort on Burnett people
When Elkins spoke of Peter Fry be-
lg scared he did it laughingly. De-
endant and Covington also laughed.
The result of the examination was
nat the accused was dismissed.
Judge Ruggles' action is doubtless
ased on the ground that the CONVEX
alton alluded to in Mr.. Yaeger's tes-
mony was mere Joke passed be-
ween the parties, and that the identi-
7 of the robber was not established.
The case, however, practically eX-
nplifies the danger of testing on such
erious subjects. The brother of the
ccused was in court during the trial.