The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-08-21
The HOSPITAL.
SOHMALSTEIG is TRIED IN THE
RECORDERS COURT AND
ACQUITTED.
The Exact Status of Affairs
at the Present
Time.

l.,
at the Present
Time.
On yesterday the case of William
superintendent at the
,ity hospital, charged with assaultlng
Joseph Jauch, an old, decreplt, hall
Nitted German, Il patient IN the lnsti-
tuition, came up. The prosecution
was represented by City attorney
Pendexter, and the defense by Col: |
Tom Sneed.
Mr.. lobe Millican, in response to a
telephone message from Officer ODER
wetter, came in. He was placed upon
the stand and testified en-
tirely in keeping with his |
statement in THE STATESMAN |
of day before yesterday. The occur
renee took place about o'clock Mon |
day evening. He and his wife were |
out driving and passed the hospital
building. He saw an Old man, appar-
emily very feeble, out in front OF the
building; he heard some one from the
upper gallery call him to come i'll the
house; he drove on and stopped at
residence about seventy-tive yards be-
yond the hospital; he saw the party
who had called to the cid
man. or one whom he
took to be the man, come out on the
ground floor, and overtake the Old
man at another door of the building;
he saw the man kick the old fellow,
then strike him: he saw the old man
sink down to the floor in sitting
position, and raise up his hands as in
duplication; he both saw and heard
a blow from some instrument which
he took to be strap, delivered across
the old mans shoulders after he
| sank to the floor. CDR. Burt and
| City Marshal Lee say that Mr.. Mill
can did not testify to blow after the
old man Went down, but Mr.. Millican
stated last night in the most emphatic
language that he had so teStified.)
| At the conclusion of Mr.. Milhcans
testimony he was excused.
CRUMBS TESTIMONY.
Crump, one of the patients of the in
stitution. testified that the old man
was out in front of the building, part
Iy nude, and that when he saw Mr.
Millican's buggy coming he called tc
old man Jauch 10 come in the house
at about the same time Schm3lStieg
called to the old man from the gallery
above; Schmalstieg had gone down
stairs to help the Old man 10, Is be
was very feeble, and frequently 1eil
owing to the feeble condition of hi:
entire system, and at best could traVe
only very slowly; he (Crump)s hat
gone down to assist SchmalStelg
| II M in front of fla
building. and helped him towards tn
house; before reaching the house tn
old mans limbs had given way ant
he had fallen to his knees; Schmal
steig had caught hold of HIM iron
behind, and together they had assist
ed him into the houst; SchmalsGel!
had not assaulted or abused the Oh
man.
OTHER WITNESSES.
Charles Brown, another patient, wa
also on the gallery at the time OF tn
alleged abuse, and corrcDorate
: Crump's sta ement throughout, as [
what occurred out in front of tn
building, as did also another patient
named Marshall, also on the gallery
Q Old man Jauch Was put On III
stand, and, in the manner OF an inbe
}. Gle, which he is, testified that he ha
received no injuries.
Still another person, an attache O
a the institution, testified corroboratlnt
the evidence Of Crump and the rest.
: DR.. Burt, city physician, testified a
to the good character of Schmustele
e etc.
All the witnesses from the hospita
identified Schmalsteig as the party II
fered to in Mr.. Millican's testimony.
Mr.. Millican's was the only test
mony presented by the prosecution
and he was not recalled to the stan
j. during the trial.
The case was submitted without al
gumenl and Recorder Johns dismisse
i the case.
JUDGE JOHNS
Judge Johns states that the teSt1mon
e of old man Jauch was not considered
N as he was clearly an imbecila and IL
competent to testify; he decided tn
IS case upon the law and evidence; tn
defense presented witnesses who test
>. fed consistently, their evidence wa
It not impeached, and in the eyes of th
n law was conclusive; Mr.. Millican
distance from the scene and the prob
Is ability of his being honestly mistake
was also point favorable to the dt
Tense; in fact, the prosecution mad
3. out no case and the charge was cel
tainly not sus tanned.
v MR.. PENDEXTER.
City Attorney PendeXter said til
: evidence resolved itself into this, tina
Millican swore that some one ha
9 assaulted the old man, but could nc
identify the party, and that he wa
seventy-five yards away at the time
Q and that witnesses for the defense ideL
titled Schmalsteig as the party meant
: but swore that they had witnesse
what occurred, and that there was n
!, such offense as charged; that Seminal
. steig was simply trying to assis
him into the house; he sal
tha5 the witnesses from tn
5 hospital had all spoken of Seminal
. steig's kindness and humane treat
ment.
MIR. MILLICAN.
A STATESMAN representative Gale
: last night at the residence of Mr.. Mi
Il lican. He says he did not make til
complaint upon which the prosecu
; ton was based, nor did he know il
= advance, when the case was to b
: tried; he was not subp9naed as wi;
ness, but went up the recorders cour
in response to q telephone messag
J, from Officer Oberwetter, at $40 a. m
yesterday; that he was not talked +
in regard to the case by any represen
tative of the prosecution before tn
examination, beyond a question
{ as to whether he could identit,
/ the party making the as
sauit and the party assaulted
that he was not asked Ior any infor
nation with reference to other wit
nesses; that he was not recalled to tn
stand to testify on any point after the
introduction of the testimony of thu
defense; that he did testify to boti
J seeing and hearing blow, at
ter the old man had fallen and
was holding up mis- hands as if plead
ing for mercy. lie says that it was
not dark at the time OF he occurrence
but that the sun was still visible; thai
he is not near-sigbted, and can certain
ly see distinctly a distance of Is yards
that there was positively no one
near the old man or in sight around
the building On the ground floor al
the time OF the assault except the old
man and his assaiIants: that if there
L IL