The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-08-30
MORE TESTIMONY.
Taking Evidence In the Swain
Trial Closes,
And the Able Lawyers Take q
Rest Until this Evening
When They Will Gush.

Dhe following Is tne ttSblmOny nau De
fore Justice Calhoun yesterday, in the
Swain preliminary examinations:
Mrs. Walter Swain sworn, testified:
was present when the shooting occurred
at 1906 Congress avenue, on the evening
of August 16; when we had gotten abou
half way up the stairway Miss Maria
Dowd came to the parlor door and said to
Walter: "Mr. Swain, I'm going to have
you arrested and put under peace BOND
for insulting me-" Walter asked how he
had insulted her; just here Mr.. Garner
came into the hall and Miss Amelia stood
just behind her sister, and Garner re-
marked that he came there to see these
ladies were not Insulte6; Mr.. Swain told
him to attend to his own business-that
this was business affair, and was none of
his lookout.
Miss Maria then said that Walter had
insulted her by endeavoring to put her
out OF the house, and by accusing her of
sending away his servant; Walter said {.
u did not do that, simply asked if you
knew anything of him."
Miss Maria said: II don't propose to
take insults from you; you are nobody,
anyhow; your whole family are just as low
as can be; your father before you
was midnight murderer, and you are no
better" Walter said: ~ can't talk to YOU,
You are woman, and 1 want you to let
me alone" and he turned to 90 up stairs.
Mr.. Garner then said: "But am here"
And at the same time Miss Maria Dowd
continuing, said: "Your wife is no LADY,
Walter said: anyone who says my wife is
no lady tells lie."
eta
said: "What's that" Garner then threw
his right hand under his coat on his right
hip and Walter pulled out his pistol, threw
his hand down on the banister and fired
down toward the floor.
At this time Miss Amelia was standing
in the parlor door. Mr.. Garner was
standing at the foot of the stairway. l
then caught hold of Walter and
held him as long as l could;
the Misses Dowd ran into the dining
room when the shot was fired; Mr.. Garner
ran towards the back hail door and lodged
down, and when he got up he ran towards
the kitchen; l did not see the Misses Dowd
again; remained in the hall until Walter
and left the premises; when Garner ran
out Walter ran after him and hallowed
at him: "Garner, you don't need to run,
l will not fire again if you are not armed"
Waiter came back through the hall and
told me to come on, he was going down
to give himself up; we started at
once, and when we got to the
front gate Garner was standing in the
church yard and he hallowed to Walter,
81 did not intend to shoot you. 1 had no
idea of it,"
We walked on to the capitol and met
Mr.. Shelly.
Walter did not go up stairs when he
came back from the back yard. 1 could
saw the pistol he surrendered to the
officer. 1t was the same pistol he dis
charged and had during the difficulty. He
did not change the condition of the pistol
after be discharged it,
He put it in his pocket at the kitchen
gallery, when he halloaed at Mr.. Garner;
he did not have it out of his pocket FROM
that time until he gave it to the officer;
l saw Walter immediately after the shot
was fired while standing on the stairway;
Miss Amelia at the time was in the dining
room; he did not snap the pistol at Miss
Amelia; he did not point it at her; he did
not fire the pist o., snap the pistol or point
the pistol at Miss Maria Dowd during the
difficulty; when he ran on the back gallery
he did not snap the pistol at Gamer; he did
not point it at him. Walter WAS not out of
my sight during the entire difficulty; am
positive the pistol was not chang ed from
the time the shot was fired until it was
surrendered to the officers; no cartridges
were taken out of it; it was not changed
at all; Mr.. Garner and the Misses Dowd
had left the hall when Walter came from
the stairway; as Mr.. Garner ran out he
knocked Miss Maria Dowd dowr and ran
as hard IS he could.
Miss Amelia DoGd sworn, justified: l
was present during the difficulty; I was
standing at the parlor door, at the side of
the door; l did not leave the
hall through the back door in advance of
my sister, Miss Maria; left Mr.. Swain
on the stairway struggling with his wife;
when left the hall went into my room
across the hallway; 1 did not leave the
room for some time; after l went to my
room I went to the dining room door
the one which leads from my room into
the dining room; did not leave the hall
prior to the time my sister and Mr.. Gar
ner left the hall or at the time, but after
they left; when 1 left Mrs. Swain still had
hold of Mr.. Swain on the stairway.
The case will be argued this afternoon
at o'clock.