The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-08-23
THE EXAMINATION.
A Synopsis of the Testimony in
the Swain Trial.
What the Two Principal Wit
nesses Have to Say-Case
Continued Until
Tuesday.

The following is the testimony had be-
fore Justice Calhoun, in the preliminary
examination of Waiter Swain:
Miss Maria Dowd being sworn testified:
[ wss at my residence and Walter Swain
came to the house accompanied by his
wife; l was sitting in my parlor talking
to Mr.. Garner; heard Mr.. Swain say in q
very loud voice; "They may talk to me
as much they like, but they cannot say
anything to you;" said to Mr.. Garner,
had you any hand in running Mr.. SWANS
servant off the premises, as he accused
me and my brother of doing so: thought
maybe you had a hand in it also:
considered that Mr.. Swain
had grossly iusulted me by
such an accusation; 1 said it
loud enough for Mr.. Swain to hear it;
acknowledge that 1 said that in derision; l
mean that said that probably Mr.. Gar
ner had something to do with running his
servant off, in derision,and not that 1 con
sidered what he had said was an insult;
Mr.. Garner and then stepped out of the
parlOr into the hall to the foot of the
stairs; Mr.. Swain was then standing on the
stairs leading into the second story of the
house, about on the fourth or fifth step;
his wife had preceded him, and was near
the head of the stairs, but stopped when
came out to talk to Mr.. Swain;
Mr.. Garner came out of the
parlor and intercepted Mr.. Swain
on the stairs; 1 mean by lntercepting
him that he (Garner) spoke to him as he
was going up the stairs; he said: 'Mr.
Swain, wish you to explain this matter,
as do not allow any lady to be insuted
where am" Mr.. Swain stepped down, as
if he intended to strike Mr.. Garner, and
remarked about g follows
eff you wish to take up this fight do
So"
Mr.. Garner stepped forward and said:
81 am not afraid of you or of the
DEVIL" and walked up to him like
he was going to strike him; to
the best of my knowledge l stepped
forward, as I thought there was going to
be tussel between them; 1 said, "Mr.
Swain, l think you are no gentleman" l
was standing then right close to the ban
nisters; 1 can't remember all that / did
say; as 1 said to Mr.. Swain, "You are no
gentleman" Mrs. Swain started and
shouted back down the stairs ard said:
"He is more of a gentleman than you
are lady,"
l then said to Mrs. Swain:
MADAM, you are no lady to encourage
your husband to quarrel with your
tenant" 1 shouted this remark up
the stairs to Mrs. Swain, who was
at the head of the stairs; Mr..
Swain then gave ayell, saying: "Any s-n
of b-h that says my wife is no lady will
pay for it with her life; d-n you, will
kill you;" and he ierked pistol out of his
right hip pocket and aimed straight at my
head-at my right temple-and as the
pistol was discharged Mr.. Garner showed
me two,or three feet towards the hall door,
which saved my life, as the ball is imbeded
right where l stood in the part of the
wall in range with my head.
then ran into the dining room, which
is just outside of the hall door, and Mrs.
Swain was struggling to take the pistol
from Mr.. Swain on the stairs.
The defendant shot at me as he made
the remark, "d-n you; I'll kill you"
Cross-examined: Mr.. Garner came in
the parlor; the first heard of Mr.. Swain
after Mr.. Garner came in was Mr.. SWANS
bolsterous, loud voice saying, "They can
say what they like to me, but they shall
not say anything to YOU" or something
to thet effect; Mr.. Swain and his wife were
coming up the walk when he made the
remark; he did not call my name; he
came IN the hall and was sitting in the
parlor talking to Mr.. Garner; Mr.. Swain,
of his own accord, stopped at the fourth
or fifth step of the stairs without
any one saying word to him!
I remarked to Mr.. Garner, "Did you have
anything to do in running Mr.. SWANS
servant off the premises, as he accuses me
and my brothers of doing so? 1 thought
perhaps you might have had hand in it
also, and think Mr.. Swain has grossly in
suited me by any such accusation" was
sitting down when made this remark to
Mr.. Garner, and Mr.. Garner was walking
around in the parlor. 1 could not see Mr..
Swain from where was sitting. There
was door opening from the parlor into
the hall; l had not changed
my position for the time; Mr.. Swain came
in the gate; l heard Mr.. Swain stop on
the stairway, but could not see him;
thought he wanted to see me, but he did
not call; knew by his language that he
wanted some one of us to come forward to
see what had been said to Mrs. Swain;
ulu uOI u0dE SUPP WhOh
came out 1 saw her at the top of the steps;
came to the parlOr door, and Mr.. Garner
also; saw Mr.. Swain, as he was standing
in full view. He was speaking
when 1 came out and accosted him;
he was speaking to his wife; he said to
her, "They can speak to me, bat they
can't speak to you;' he repeated the re-
mark; he was saying this insultingly and
| d mt know how many times he repeated
it.
then said Mr.. Walter Swain consider
that you have insulted me grossly; this
was the first remark made to him; Mr..
Garner YVES standing by me in the door;
Mr.. Garner, when l made
the remark, stepped out close to
the stairs and said, "Mr. Swain
want you to explain this. 1 never allow
a lady to be insulted where l ann" Mr..
Swain then stepped down a step or two as
if he was going to strike Mr.. Garner, and
made motion to strike him; 1 do not
know why he did not strike; when Mr..
Swain made a motion to strike he said:
"If you wish to take up this fight you can
do so;" then Mr.. Garner stepped forward;
l also jumped forward thinking there was
going to be tussle, and l said to Walter.
Sir, think you are no gentleman. My
sister Amelia was standing in the parlor
door leading into the hall.
Whep l was shot at Mr.. Garner run to
push me- ont of the way of the ball.