The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-08-30
SWAIN DOWD.
Two Badly Scared Women and
One Terrified Gentleman.
Testimony Taken Yesterday Be-
fore Justice Calhoun-The
Bullet Fired at No One.

last afternoon before Justice Calhoun, and
below is the testimony had:
j. Q. Petmecky, being sworn, testified:
| am a gunsmith and dealer in sportirg
goods; l am perfectly familiar with Colts
45-calibre six shooters. The mechanism
of this pistol is in perfect order. If this
pistol was snapped it would certainly
leave an impression on any undischarged
cartridge that might be in it.
have examined the cartridges now in
the pistol, and there is no impression on
any of the cartridges except the one
which has been discharged; l don't think
this pistol has ever been snapped while
the cartridges now in it were there; since
the shooting have visited the house of
Mr.. Swain, at 1906 Congress avenue
WHERE THE SHOOTING
is said to have occurred; l made an ex-
animation of the wall between the two
doors in the hallway where the hat-rack
stands; | found two holes about two feet
apart ON the wall opposite the stairway
near the hgt rack the wall is lathed and
plastered wall; went alsO around in the
rooms on the other side of the wall and
looked for any holes that might have
been there; / found none; l don't think
the holes IN the wall were made by a bull
let; think they
WERE SMALLER
than Colts 45-calibfe bullet; am salts
fed that they were not larger than SO;
/ think, in fact am certain, Colts 40
bullet would have gone through the wall;
think it would have gone through
TWO OR THREE
walls of the character of that wall. am
satisfied, speaking from thirty-One years
experience in handling arms, that the
holes were not made with Colts 40 pistol.
Mr.. Lucy showed US place where a
ball had struck at the place marked on
the diagram there a diagram of the room
and hail were shown witness) l found
where pistol bali had plowed furrow
in the casing of the door. The direction
of the ball was downward at about forty
five degrees, and was fired by some per.
son standing high on the stairway. The
ball went Into the floor
A FEW INCHES
from the corner, and between the door
and the corner. There is no question in
mind that either gun or pistol made
the holes and furrow have described If
the hole was made by shot fired from a
Colts As pistol it was not directed toward
parties or party at places marked on
the diagram Showing where Miss
Dowd and Garner said they stood)
1t was not fred at any one standing at
the parlor door or at the hat rack, or at
the foot of the stairs.
Cross. examined: l did not find the ball
which made the furrow on the facing of
the closet door and floor in the hall. The
furrow and hole must have been made by
"A or 40 pistol. don't know how far
the cietern is from the back door of the
hall; did not see any cistern at all.
W. d. Shelly sworn, testified: l saw
Walter Swain on the night the shooting
took place. first saw him in the front
door of the capitol in company with his
wife, about half-past O'clock; he pro-
posed to give me pistol that he had;
refused TO take it, telling him to wait
and surrender it to an officer; l came
down to
JUSTICE CALHoUN's
court; as we came down met Officer
Crenshaw, and walked over to Calhoun's
office, where the pistol was
handed by Swain to Mr.. Crenshaw;
l examined the pistol then and there; the
pistol shown me in the court is the pistol
that Swain had; the pistol is in exactly
the same condition now that it was then
there are four cartridges now in the pis-
toll, as there was then; there is one ex-
ploded shell in the pistol now, and there
was then, and ole empty chamber; the
pistol
HAD NOT BEEN SNAPPED
il it was loaded; the mechanism of the
pistol is in perfect order; have been to
the house where the shooting is said to
have taken place; saw the holes in the
wall by the hat-rack; they were
NOT MADEBY
Colts 40 caliber six-shooter; l have
heard the testimony of j. G. Petmecky,
and read the same regarding the two holes
in the plastered wall and the mark on the
stairway made by the bullet, and the con-
dition Of the pistol and the dire ction of
the bullet, and it is correct.
Cross examined-Mr. Swain had just
come TO the front door of the capitol
when saw him; did not see the pistol
until We reached Cslhoun's office; ex-
amined the pistol Immediately after we
got there; l gave the pistol back to Mr..
Swain, who kept it until ABOUT 10 O'Clock
p. M, when he returned it to ne;
brought it down Iext morning and turned
il over to George Calhoun; it is in the
ssme condition now as 1t was the first
time e1 amintd it; did not zee the Ge-