The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-11-11
THE TOM SMITH CASE.
EVIDENCE CLOSED IN THE TOM
SMITH TRIAL-THE CASE UN-
DER ADJUSTMENT,

The preliminary hearing in the Tom
Smith case was called before Justice Pur-
nell yesterday morning at 10 O'Clock, but
on account of the absence of Sheriff
Hornsby, it was postponed until
o'clock. At that hour the examination
was renewed. The following is the testl-
mony taken since the last report. The
hearing is liable to go on through to-
day:
Strother Shackelford testified: 1 saw
the deceased the evening of October 20
at the Union depot, and also at the Ray
mond house; knew that he and defendant
had difficulty that evening about a
trunk; was sent to the Union depot by
Johnnie Alexander, evening clerk at the
Brunswick (Raymond), to get the baggage
wagon to come to the hotel for a couple
Of trunks l couldn't find the driver of the
baggage wagon; then the bus driver,
John, think is his name, left the bus,
got in the transfer wagon and started to
the hotel for the trunks; there was some
complaint from the owner of one of the
trunks about it, and Israel stepped up and
said "Ill go and get it for yon;" the
owner said: "Hurry after it," both, Israel
and the transfer man, started, with their
wagons, about the same time for the
trunk; | ran over to the Avenue and got
on the transfer wagon with the driver; the
transfer wagon got to the hotel first, and
was in the act of backing up to the side
walk when Israel drove up to the side of
the sidewalk; Israel jumped out of his
wagon onto the sidewalk and took
hold of the largest trunk
and rolled it down to where his
wagon was; the driver of the transfer wa
gon says to me: 'Why in the h did you
come after both of us to get these trunks
| said: II didn't come after both of you, l
came after the baggage wagon. A gen,
tleman, owner of one of these trunks sent
Israel after it," Mr.. Tom Smith, jr., the
defendant, then came out and said;
'Israel give that trunk to the transfer
wagon;'' Israel said "Pshaw, Mr.. Tom, l
think am entitled to that trunk. The
gentleman the owner of it sent me for it;
Smith said "Well, that's all right. We
sent for the transfer company to come
and get it," deceased said: "The transfer
company is so slow the gentleman said he
thought he was going to get left" Smith
SAYS: 'Well that's ali right; we told him
we would send it down, 50 let the trans
fer company have it," Israel then turned
his head and said: "By George, don
think that's right" l then went to the
depot with the baggage wagon and left
Israel and defendant standing IN front
of the hotel IN about five minutes de-
ceased came to the depot, and says to me-
"Bow Smith and | like to have had
souabble after you Left" l asked what
Smith said; he said: "Well, he got to talk
\ ing about what he would do, and what he
could do. and L told him 1 would go any
where with him and show him what
negro could do with white man OF hl'
size; when l said that, lot OF gentlemen
who were sitting in front OF Tie hoIeI
laughed at what said to Smlth;, deceased
said Smith then went into the hotel De-
hind the office counter and opened Inc
register, and some one says: "Oh, lsraei
Won didn't tell him that" Israel laid: yes
/ did, some one said: IF you did, 1t was
after Smith was gone;" Israel said: well,
l can prove it by Mr.. Swaine;" this Is all
know about the case.
Perry Scott testified; l saw deceased
stop his spring wagon on the west slde OF
the street car track, on the Avenue, JUST
onnosite where one of the street cal
track makes a corner in turning down
Pine street; think his head wheels nad
lust crossed where the north line OF Pine
Street crossed the Avenue; at that time
was passing in front of the fish store Us,
above Newman's dry goods store; at thal
time defendant was coming from toWaro
the RAYMOND house, and was nearly to de-
ceased when 1 saw him, the defendant
the next thing 1 noticed was defendant
striking at deceased, and the latter dod
oed: deceased was getting out of the
wagon. when defendant shot at him.
saw the pistol in the hands of defend
ant. and saw the blaze when the Plsto
fred: I saw nothing more then. hao
turned down West Pine street when th5
pistol fred, did not stop, but kept on;
aw nothing in deceased's hands, except
the lines: after the pistol fired, L hearo
defendant say with an oath; I've go,
Won now. but can't remember just Whal
language defendant used when he cursed
deceased. al
Gross examination: saw another COL