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

track or sidewalk; he was over half way
across Pine street; when l first saw
defendent he was in the street: he
had got about to the railroad track; I
paid no attention to him; he was walking
up toward the deceased; did not see Mr..
Smith when first saw deceased, and paid
no attention to him till he got nearly to
deceased; don't know where Smith was
when deceased checked up his horse, as 1
was not noticing; don't know what made
deceased stop; didn't hear either of them
say anything at that time; after deceased
stopped the defendent went up to the
wagon on the right hand side; saw de-
ceased dodge and try to get out of his
wagon; he tried to get out on the same
side Smith was; Smith struck at deceased
but once; L saw pistol in his hand when he
struck at deceased; deceased lodged back
and Smith did not hit him; after Smith
struck at deceased, the deceased tried to
get out of the wagon, and had one
foot on the hub of the fore wheel
and the other in the bed of the wagon at
the time the shot was fired. was then
Just between Newman's store and was just
IN the act of turning down West Pine
street when the shot was fired; could not
see the hub of the right fore wheel, and
could not see his foot; both of his feet
were not in the wagon, and he was not on
the ground when he was shot; 1 did not
hear either of them say anything at that
time; went to Mahogany hall and did not
return; 1 did not see any one out in the
street, nor any one else, except the man
in the buggy.
When 1 got to the She'd just east of the
cotton yard, l saw man on horseback
with his arms around Smiths shoulders;
did not then know who the man was; l did
not go out towards defendant and de-
ceased; was on the sidewalk on Pine
street, near the grating over the opening
to Newman's cellar, when I heard Smith
say what l have stated 1 was walking along
looking backwards when l heard Smith
make the remark; 1 do not know what he
said; 1 did not hear deceased say anything
to Smith; recognized deceased when he
stopped; don't know how Smith was
dressed.
the buggy was cotton man, he was
coming along when the shot was fired.
M. M. Hornsby testified: 1 know de-
PENDANT; did not know deceased; l was
standing about the middle of Pine street
and on line with the alley in the rear of
the building occupied by Newman & Co.,
when my attention was directed to the
Avenue by loud talking; upon looking up
the Avenue | saw man in spring wagon
coming up the Avenue, his horses head to
the north; just as 1 looked he was bring
ing his horse to halt; upon stopping his
wagon he jumped to the ground; turned
my head at that moment to see what had
become of the men in the alley whom
was watching, and whose conduct
thought looked suspicious, when shot
was fired near the wagon on the Avenue,
which l have just described as having
stopped.
l then looked in the direction where the
shot was fired and saw two men separat-
ing; one of them was lodging under the
neck of the horse, which was hitched to
the wagon, and at the same time [ saw
another man going in the opposite direc-
ton from the wagon toward the Raymond
house, and had gone three or four steps;
he then turned around and faced me; by
that time 1 was at the head of the horse
hitched to the wagon above mentioned,
and saw that it was defendant; [ re-
marked to him: IF you can't do any better
shooting than that you had better give
ma the gun and consider yourself under
arrest; he replied: "All right, Mr..
Hornsby," and handed me a pistol, with
the words: "The id son of a b was
trying to run over me-" or words to that
effect.
Just as 1 was taking hold of the pistol l
heard some one say: Come here, Cousin
West, I'm shot" l turned my body on my
horse, with the Intention of seeing who
had been shot, when Hal Mason rode up
lust at that time; said to him: $50
and see who has been shot; by that
time a considerable crowd had congre-
gated. and Hal and two or three remarked:
"There goes your man." l turned from
where 1 was standing and observed de-
PENDANT some fifteen or twenty feet from
me, going in the direction of the hotel; L
got off my horse, told Hal to take him on
up home, and followed defendant into the
no, ell.
When l got into the hotel l asked
defendant what the row was about, and
he said it was about some baggage;
the pistol defendant handed me was
short As: handle was of walnut; L think
pistol was nickel plated: didn't examine
it; was satisfied but one shot had been
fired from it; 1 was about 200 feet from
the defendant when the shot was fired; L
didn't see the pistol; the flash was just
diving out when 1 looked toward where the
defendant was standing; turned the PTS
toll over to the defendants father after the
defendant gave bond; my attention was
attracted by some loud talking In the d.
rection where the shooting occurred; there
was no one else there when l came up
where the two men were; others came up
Immediately.
Gross examination: The wagon was
checked up suddenly and the man jumped
out Immediately; l saw man on the east
side of the wagon at the time, who proved
70 be defendant; didn't recognize either
party from where stood on Pine street;
the man on the ground was about SIX rect
from the wagon; can't say how Closely
the wagon being between me and MIN;
when the wagon stopped the man IN IL
Jumped out quickly; the parties then were
RIGHT together, in striking distance; the
man on the ground was not close enough
70 the man in the wagon to strike him; 1
saw no motion of that kind on his part;
the pistol was fred just as the man jumped
fro,o the WAGON: alter the man jumped