The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1885-11-12
TEE SqOVALL MURDER.
TOM PEARSON ON TRIAL FOR THE
CRIME.
Eighth Days Proceedings-Tes-
timOny for the Defense.

a mistake was made in yesterdays
paper III heading Mondays proceed
lngS as the 18th day of the Pearson
trial = it was really the 18th day" so
FAD consumed.
r Court met at o'clock a. m, and
counsel for defendant asked that the
further trial Of the case lie postponed,
and based the application on the fol-
lowing affidavits:.
Tom Parsons affidavit was to the
effect that it was necessary tor the de-
fence to have young Tom Pearson on
the stand again; that young ION had
testified on the stand that defen-
dant and Lee Leverton were
the murderers of DR.. Stovail;
that the witness was only in part
cross examined, because the defense
was not advised with sufficient GER
tainty as to the exact points on which
to Cross examine him, in regard to
the matters hereafter stated; that the
witness, Left Davis, and his wife,
Hattie Davis, attended court in ODE
dIence to subpoena served on them,
but defendants attorneys did not
talk with them until after young
Tom hh sasGd-b been cross examined, and so
in the examfnatffSn of young Tom,
dld I40t know how to question him SO
as to make the e ldence of Davis and
wife admissible, that he could prove
by these witnesses the fol-
lowing facts: that young Tom came to
their house the Friday night before
! Lee LevertoD was arrested, on the 18th
or 14th Of July last, and went to
church with the family, that while
waiting for the sermon to commence
Davis asked Tom if his father was
going TO the pen1tentiary, Tom said
he understood he was to go on the
next Sunday; Davis then said, Gas
your father has to go to the peniten-
tlary any how, have you any idea who
killed DR.. S. p Tom replied, "my faith
er killed him and I was along with
him, if some one else could be worked
in as having done the killing it would
help my father that Davis
then asked Tom who they
were going to try to work in
and he replied he did not know, bul
they would work in anyone they could
that Tom then asked Davis and his
wife to say nothing about what he
mad told them, and Davis replied thai
4 it he was brought on the stand anC
questioned about it, he would have tC
tell; that Davis and wife were OF
their way to court in obedience to sub.
p9nas when the wife was taken il
labor and gave birth to a child, and il
now confined to her bed; that the sale
Tom Pearson, jr., is not absent witt
the consent or contriVance Of defend
ant; that it is absolutely necessary tina
said Tom 2. should be given an OPP
portunity upon the stand to admit OF
deny the alleged statemon betor,
Self Davis and wife can be used a!
witnesses on that subject in be-
half of the defendant; that tn,
testimony of Davis and wife is vital,
material in his defense; that he will
Immediately PROFOUND 1nterrogatorie
to Mrs. Davis and have her answers
taken this day, and Mr.. Davis in at
tendance on the court; that he ha'
sued out an attachment for Ton
Pearson, Jr., and is advised that b,
will be brought into court by cour
time to-day; that he appends the aft
davit of Mr.. and Mrs. Davis showing
What they Will swear on the stant
after proper pudicate has been laid
4 that he also offers the affidavits OF hi
\ attorneys showing that they were no
q sufficiently advised of the facts .
I enable them to put proh1
questions to Tom Pearson, d7
to make the teStimof
of Davis and his wife admissaI
when he was on the stand.
To this affidavit was appended tia
| of Davis, and also one Of W. M. Wal
ton and Thos. E. Sneed, attorneys fol
the defense, Davis swearing that b.
would testify to the above mentione
statements of young Tom Pearson
ETC., and the attorneys showing tina
they had used due diligence and knew
nothing OF the testimony of Davis an,
wife when young Tom was examined
The application for time was hear
and considered, and the court sus
pended proceedings in the case unit
this morning.
The state issued an attachment TO
Lee LeVerton.