The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-08-23

right shoulder, as Mr.. Garner pushed me
out of the range of the ball; the ball
struck the wall, on a range with my
head and embedded itself in the wall; Mr..
Garner showed me as the pistol was fred;
1 did not see the pistol snapped at my
sister; she was standing in the door when
the pistol was fired.
Mr.. Garner sworn, testified; live at
1906 Congress avenue; l was present at
the time of the difficulty about O'Clock,
or little later; 1 walked into the parlor
and on entering the door Miss Maria
Dowd remarked 10 me that Mr.. Swain had
accused her and her brother of running
his servant off, and furthermore said that
1 tGarner) had something to do with ran
ming off the servant.
81 said, did II" jestingly; 81 guess 1
didn't, as 1 was not here"
She said Mr.. Swain had grossly insulted
her that evening. About this time Mr..
Swain and his wife were coming into the
house, and as they were going up the
stairs l heard Mr.. Swain remark, "Tbey
eau say anything to me but they shan't
say anything to you" At this time Miss
Maria arose from where she was sitting
in the parlOr and c,lled to Mr.. Swain, as
she stepped to the parlor door, "What
has your wife been saying about me!" On
asking this question Mr.. Swain was about
two-thirds of the way up the steps, and,
on hearing it, he came down the stairway
about within five or six steps of the bot
tom, and commenced saying that Miss
Maria had insulted his wife. There were
several words passed between them that
= loo h. - ,,1r EhoN
heard was by Miss Maria; she said: "I'n
have you put under peace bond;" at this
time | stepped to the parlor door, and on
passing Miss Maria 1 heard Mr.. Swain
say that he would have Miss Maria ar
rested for nuisance; by this time | had
advanced to the right of the parlor door,
and remarked to Mr.. Swain that it was
not just right and proper to insult ladies,
and that wished him to explain the mat
ter, and on addressing him he turned
from speaking to Miss Maria and said to
me: "If you want anything in this matter
you can get it," 1 stated that l did not
desire anything bat an explanation,
but that. 1 thought it was right to
ask this as Miss Maria had stated that she
had been grossly insulted; Swain said "if
you want to have anything to do in the
matter you can get it," said no, and
then said Pm not afraid of you or the
devil.
About this time Miss Maria was speak
ing to Mr.. Swain, and said to him: "You
eaid this morning that we had no money,
and wasn't anybody, anyway" she also
said if you will refer to the press reports
of two or three years ago you will see that
| am as good as you are; about this time
Mrs. Swain remarked that her husband
was as much of gentleman as Miss
Maria was lady; Miss Maria then said to
Mr.. Swain, your wife has insulted me two
or three times, and this is more
than I will stand from any one;
she then turned to Mr.. Swain, and said:
"Your wife is no lady, because she incenses
you to quarrel with your tenants;" Mr..
Swain, said; "What! what! you say that
my wife is no lady. Anyone that says so
is Cd id liar, and their life will pay
the forfeiture" and on saying this, he
threw back his right hand and pulling his
pistol and raising it over towards Miss
Maria Dowd exclaimed: cd id you,
I'll kill you;" he brought the pistol
on level with Miss Maria's head,
and l, on seeing that he was being too
quick, and that Miss Maria's life was in
jeopardy, showed her aside from where
she was standing by the hat rack further
into the hallway just as the pistol was
fired, and, on seeing that she had safely
retreated into the dining room, l walked
out to the cistern at the rear end of the
hall room, and on turning 1 saw Mr..
Swain advancing, after leaving Miss
Amelia by the parlor door, towards me
with his pistol in his hand, and, on coming
up to within about five or six feet
he raised his pistol at me, clicking it
twice said, "Swain, you G. d scoun-
drel, let up on that" on saying this he
clicked his pistol again twice at me;
mean by clicking, swapping it; then saw
that he was determined to kill me and
ran to the end of the kitchen, and on turn
ing the corner he snapped his pistol twice
at me; then retreated around the house,
and upon going down between the house
and fence to little gate that intercepted
me l turned around and saw Mr..
Swain coming around the corner
down the alleyway. l jumped over
the fence into the church yard and
run into the middle of the yard. l saw
Mr.. Swain holding his pistol toward me,
and he 81 for few seconds, and then
turned ar aud and went back.
Cross rxamined: When I came in the
parlor Miss Maria Dowd was sitting in a
rocking chair. Invent to the table near
the bay window and saw Mr.. and Mrs.
Swain when they passed the window open
ing on the gallery from the parlor. When
first came in the room Miss Dowd said
to me that Swaine had said she and her
brother had run the servant of, and further
that she thought that 1 had something
to do with 1t; l had been in the parlor
two or three minutes before Mr.. Swain
came; l had talked with Miss Dowd only
about the servant having been run off; the
first time heard Swain say anything was
as he was proceeding up the stairway; he
said "They can say anything they want to
me, but they shan't say anything to you;"
l judged from the sound of his feet and
voice that he was going upstairs when he
made this remark; he made it in a moder-
ately loud voice; he made it only once; he
did not maze this remark, that heard, at
| the gate; he was at the foot of the stair
way; did not hear him make remark
while coming up the walk did not hear
him make any remark on the steps;
think | could have heard him; there is a
carpet on the hail and stairway
| could hear his footsteps on the hall and
stairway; he did not make a remark that
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