The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-06-26
BOB RUBIRTH.
IMPORTANT TESTIMONY DEVEIr
OPED AGAINST HIM YES
TERDAY.
The Examining Trial Concluded
And the Judges Decision
Reserved Till To-day.
JOHN ". POLAND.

JOHN w. POLAND,
sworn testified: am now living about
five miles from Round Rock, Will
county, with Mr. ohm AlgIon;
on May 26 or q, was living in Austin; |
am common laborer; was idle at |
that time; remember the night Wat |
ford was shot; l had seen him several |
times before; saw him the night of |
the shooting; saw him first in the
gambling room in the back Of MetZ's |
saloon in Austin; saw Callahan there
also; was 10 about o'clock when first
saw them; they stayed there some
time; about half-past one o'clock a
noise or row began; did not see the
beginning of the fuss; was in the
gambling room and the row seemed to
be out in front; heard good deal of
loud talking; did not go out until
about the time the policeman arrested
Callahan and took him off; l them
came out through the bar-room and
started to go home to Matt Dryers
boarding house; when l came out,
there were good many men in the
street, mostly colored men; don't know
whether there were any white men or
not; there was considerable loud talk
ing going on; paid no attention to
any of them, but crossed the street,
on my way home, over to the
corner of Laura Halls place, at the
south east corner of Live Oak and
Lavaca streets. AS l came to the
corner 1 heard pistol shot, which
sounded like it was up toward Cali
fornia Franks corner-up towards
town. 1 stopped and looked across
the street, towards the direction the
shot was fired, and just then 1 heard
shot behind me, which seemed to
come from somewhere in front of
Laura Halls house, some ten or fifteen
yards from where was standing, to-
wards the west from me, on Live Oak
street. The shot sounded as though
it was near the hitching post In front
Of Laura Halls gate; did not see who
fired the shot; the crowd in the
street scattered and ran, and one
colored man came running towards
me from the direction where the shot
was fired, ran by me, turned the cor
ner where was standing, and ran up
Lavaca street toward the depot he
was within about twelve feet of me;
l could see him plain enough to see
what he looked like, and what sort OF
clothes he wore there was lamp at
MetZ's saloon, across the street, which
gave a little light where l stood; the
light was sufficient for me to dIstin-
guish the man very plainly he had
on straw hat with a black band
around it, and grey coat he had
pistol in his hand when first saw
him come running toward me
from in front of Laura
Halls; just after he passed
me he sort of stumbled and grabbed
at his hat with his left hand, land RAISED
the hand he had the pistol in, and
made a movement with 1t, as
thought, to shove the pistol down in
his pants. l am certain it was a
pistol-a siX-Shooter,. common size
he had in his hand. He was d heavy
set, tolerably bright yellow color.
Had no beard except a moustachp.
I would know him if l saw him
again. l see him now in the court
room. That is him there, (witness
pointed out the defendant, Bob Ru-
birth, as the man who ran past him
with pistol in his hand Immediately
after the shooting.) 1 am certain he
is the man. He said nothing as he
ran past me. Iheard cries up at Laura
Halls that some one was shot, and
went up there; 1 found Billy there
wounded, in the house, sitting on the
edge of the bed; q good many came
In; only stayed short while; they
were crowding in and left.
OROSS-EXAMINED.
had lived in Austin a little oyer
two months before Watford was shot;
1 worked awhile for Mr.. Jonss, and
then went to work on the state CAPT.
toll; l had been out of work but one
day before the shooting occurred; l
can't say that 1 saw defendant, Ru-
birth, at the saloon or gambling
room before the shooting; /
do not know that / ever
saw him before; If l did, / do not
remember it; was standing
against little tree at the outer edge
of the sidewalk, at the southeast cor
ner OF Laura Halls house when l
heard the shot. l think the shot was
fired at distance of ten or fifteen
yards from me. l turned around as
soon as l heard the shot. Saw the
crowd scatter, and colored man ran
between me and the fence. He had a
pistol in his right hand. l knew it
was siX-shooter from the size of it.
The man who ran by me had on an Or
binary white straw hat and gray coat.
think he had on vest, but don't
know the color. l left Austin on the
1st or End of June. / told Charles
Lausen, policeman, on the night of
the shooting about seeing man run
up the street with pistol, and gave
him description of him; / think on
the second day after the shooting
Fred Callahan asked me to remain in
Austin as witness in this case; l
promised to do so; 1 did not remain
because could not get work where
had been employed; on the 9Th of
June wrote to Callahan informing
him where l was, and l told him that
/ would come to Austin when needed;
after the shooting was over Callahan
heard me tell Lauson something
about the shooting. and for
this reason he asked me
what l knew about it, and l
told him. Remained ten or fifteen
minutes after / came out of the gam
bling room, and before l started up
town. Saw George Mitchell in Metz's
saloon, playing in the band. Don't
know where Mitchell was when Billy
was shot.
RE-EXAMINED,
I was not in the bar-room when the
shooting occurred. There were per-
SONS in the bar-room when l left, but
don't know whether there was