The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-02-18


seen lower than this, except a few drops
which had possibly been thrown there by
his hands, as he was moving them about
his head and wringing them as if suffer
ing from great pain. He was undressed
with the cover over him to his hips. Her
son realized that something terrible had
happened, but could not answer, intelli-
gently, questions asked him. Some days
after the occurrence he asked:
mother, is Eula dead?"
Eyes, my son, she is dead"
"Then I'll go to hell"
So far as she knew, he was not jealous
of her. On the night of the murder, she
found Eulas clothes under the foot of the
bed. They were folded up by some one
and placed in trunk.
Did anyone else see the clothes besides
yourself!"
Il don't know"
"Do you know who folded them up?"
mo. sir"
DO you know who put them into the
trunk"
II do not l found them there"
CRoss-EXAMINED.
BY Major Walton: Jimmy and Eula
we're at home nearly all the day of the
murder. We ate dinner about O'Clock.
Had no supper. Between and 6 O'Clock
Jimmy said he would go down to Mr..
Booths and pay him for some furniture.
l said to him if he did he would not get
back until 8 o'clock. He replied, Yes, III
be back in fifteen minutes, and he
went and returned in about that
time. He and his wife and child then
went into their room and Jimmy laid
down on the bed and commenced to read
a novel. 1t was little cold, and they
having no fire in the room Eula and the
child came into my room and staid where
there was fire. After which Jimmy
came in and sat down, and said he had
the blues because he did not know where
he could obtain work. We talked some
time, then he and Eula and his child got
up to go to bed. As Eula left the room
. she said she was hungry for sweets. but
told her she could not have any that
night but tomorrow she could eat sweets
to her hearts content. l afterwards got
plate of nuts and five apples and car
them to their room. A short time after
IL o'clock | again entered their room tC
get Jimmy to show me how to spin a top
They had eaten the nuts and had the
apples in their hands. Some time after
that l was aroused by hearing Jimmy cal
Q ooh, mamma, mammal; Eula, darling
@ where are your" l entered the room il
S my stocking feet.
d Mr.. McCutcheon stated that on one oc
S casion, a. his house, defendant, while
drunk, had difficulty with his wife, and
: threw tea cup at her. The wife and her
3 sister who was present fled, followed by
Phillips with case knife. Mr.. Nc
3 Cutcheon pacifed him and got him to go
! to bed. He stated that they moved from
his house about the latter part of Novem-
Der. He, Mr.. McCutcheon, came to Aus
tin some three or four weeks before the
killing and walked with young Phillips to
the depot, saying to him Jimmy, you
ought to quit drinking, you are rnining
yourself and making your wife miserable"
Jim said 81 am going to, but have the
blues now"
"Do you believe my wife to be too
fast?" he asked.
81 don't know, but l think she is vir-
tuous, but talks too much"
"My mother thinks she is too fast. If
thought she was not virtuous l would
kill her and then kill myself" He was
under the influence of liquor at the time.
Mr.. Allen stated that about half past 10
o'clock he came up from his place of bust
; ness and heard voices in Mr., James Phil
lips room, which he took to be Phillips
and his wife. About half past IL O'Clock
he was aroused by Mrs. Phillips, who said,
Buddy is killed and Eula is gone. He
dressed and hurried into the room by the
west door, which was partly open and he
saw the defendant as described by his
mother, then he went to the police station
and notified the officer there, then went
after DR.. Litten. He stated that the axe
: used was his and that during the evening
it was lying in the yard, not for from
where the body of Mrs. Phillips was found.
He also saw bloody bare foJt tracks on
the gallery and in the room. Near the
} body of Mrs. Phillips was the alley fence,
over which he thought somebody had
crossed, leaving the imprint of bloody
hands. He also saw evidence of some one
/ having jumped from the yard of neigh
Dor into that of another, On going down
, the alley he found clod of blood as if il
, had been thrown off from foot
The dogs we're put on the trail, and
! lOllOWCu IL SOllO W pOluJ W1cTt
, Justice Won Rosenberg thought the man
had stopped and put on his shoes, and
beyond this point the dogs refused to go
He never saw them enter the house.
, Mr.. Eanes testified that after the de-
PENDANTS wife left him, Jim came to his
house looking for her, and said, "She's
left me-" and as he did SO he drew out
, from his pocket knife, and irtimated
that he intended to kill her. He (Mr
Eanes) went by Phillips after she was
murdered, and thought he discovered
2 blood in the alley over which some sticks
, had been placed.
Della Campbell, sister of the defend
ant, stated that her brother was jealous
, of his wife; that his wife left him, and
| went over to Fanny Whipple's, she Mrs
CampbelD hiring the hack, and that from
there they went to Mrs. Tobin's, both
places being designation houses. She
knew that she was untrue to her husband
' and that she made engagements to meet
= young men; that she went to Manchaca
l and Elgin, and returned; that her last
engagement was TO meet man on the
23d of December.
r Miss Burditt, sister of Mrs. Phillips
testified that he (Phillips) was jealous OF
, his wife, and that when she would men
? ton the name of a young man, he would