The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-11-11

defendant and deceased had some words
that night, and thought maybe they were
going to talk it over, is the reason / kept
my eye on them.
VIM. Stelfox, witness for defense, testi-
fed: reside in Austin; my place of bus
mess is on the west side of Congress ave-
nue., two doors above Newman's; l knew
defendant; did not know the deceased; l
was standing on the front door of our
store on the evening of October 20, when
a shot was fired on the Avenue between
Newman's and the Raymond house; don't
know who fired the shot; did not see the
flash; was looking up the street when the
shot was fired; turned, and saw the smoke;
when | turned my head saw a delivery
wagon standing i'll the Avenue; there was
no one in it; the horse was standing still;
l saw two persons standing near the
wagon; they were, apparently, standing
still when | saw them; think | had been
standing in my door two or three minutes
at the best. when the shot was fired; If a
colored boy passed down theAvenue while
l was in my doors, didn't notice him;
didn't see anybody come dancing down
the sidewalk while | was standing in my
door; when l looked around where the shot
was fired, | saw no hack standing on the
curve of the railroad track at or near
Simons corner; l think | would have
seen one if it had been there,
but there may have been one there;
Immediately after the shot was fired
hack came driving down the Avenue at a
pretty good trot and stopped in front of
the wagon near which the man stood;
saw no hack az the time or before the
shot was fired; the door in which l
was standing was one door above Rob
inson's and two doors below the Ray
mond house.
discrimination think 1 was in
front of my door about three minutes;
when the pistol fired there were only two
persons standing on the street near the
wagon; soon after, however, a crowd came
up; l located the pistol shot about where
the two men were standing near the
wagon on the Avenue; if any one passed
my store, walking down the Avenue, be-
fore the pistol fired, didn't see him; |
was paying no attention; someone might
have passed, but if he did l did not see
him; at the time the pistol fired | didn't
see any bus driving on the Avenue in
either direction; the only conveyance |
saw on the Avenue besides the express
wagon, mentioned before as having
stopped, was carriage which came
down the Avenue Immediately after the
pistol fired; don't know whose carriage
it was; the hack came down about the
middle of the Avenue; 1 noticed nothing
particular about the hack to attract my
attention.
j. Nicholson, witness for defense, testi-
! fied:-"I am in business in Austin on the
west side of Congress Avenue; my place
of business is in the building formerly
known as the City hotel; | knew defen-
dant; he has been in my store frequently
within the last month almost daily
sometimes twice a day; have frequently
seen the defendant come into my store
bare-headed."
Cross examinatlon-"I knew nothing of
the shooting; didn't see the crowd gather;
the defendant frequently came to my
store bare headed; | have noticed him
there with his hat on"
S. Sims sworn-"I reside in Austin; |
have kept saloon on Pine street, oppo-
site the Raymond house, for several
years; knew defendant; have frequently
seen him at my place of business bare
headed; he comes over to see me very
often, and 1 very seldom see him with
his hat on; l knew nothing about the
shooting; was at my place
of business when it occurred.
G. e. Lucy sworn: l reside in Austin,
and am a partner in business with defend
snt, in keeping the Raymond house;
know nothing about the shooting as l
was not present when it occurred; | waa
coming from the depot, and was between
Longs stable and Sheehan's store when
the shot was fired.
] saw the defendant in about fifteen
seconds after the shot was fired, or at
least in the time it took me to run a half
block, and when 1 saw defendant he
and Hornsby were going toward the
hotel from where the shot was fired.
l noticed bruised place under defend
ants right eye; 1t had the appearance of
having been made by blow; saw the de-
PENDANT about ID minutes before that,
and the bruise was not on his face; the
defendant walked to the dining-room
window, and turned so that the light
would fall on his face, and exhibited the
bruised place on his face to Mr. Hornsby
in my presence; this was l should Judge
about two minutes after the shot was fired;
it was defendants habit to visit the stores,
and other places in the neighborhood of
the hotel bare headed.
Cross examination by the state:-The
wound on the face presume was one and
half inches in diameter; it was a con-
spicuous wound, and was red; l was pres
ent when the transfer wagon came after
the trunks didn't see defendant when
he started towards deceased; / was down
on the Avenue; | had started to the depot
for the transfer wagon and met it coming
up, and went on to the depot; told the
driver to get the trunks they belonged TO
guests at the hotel; l had arranged with
the guests to send the trunks to the depot;
it is the rule of the hotel to send baggage
to the depot by Miller's transfer wagon;
one of the men whose trunk was left at
the hotel was named DR.. English; don't
remember the name of the other party;
l don't know where English lives.
Geo. Struble sworn; l was behind the
bar in Simon's saloon on Friday, Oct. 70,
when the shot was fired; think il was out
on the Avenue; as soon as heard the shot
fired | started TO the front door; when |
got to the door / saw hack coming
down on the west side of the Avenue; it
was West Stuart's hack; he was driving
the hack; it stopped right where Israel
was; he was between the telegraph pole
L A