San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1889-11-30
SECOND DAY
Or the Habeas Corpus Hearing OF
the Draper Tragedy.

of the 1dDedS SOTpuS FtedFlnB OI
the Draper Tragedy.
Yesterday afternoon the testimony
of J. II. st. Claire, engineer of the Men,
ger hotel and one of the direct witness
ses to the shooting, was taken as fol-
lows:
~ knew James Draper. Yes, sir, ]
know Jesse Rudder. was present
when Draper was shot, in font of the
Menger Hotel, on the sidewalk. Jesse
and the defendant had few words
I don't know what they were about
Jesse was jumping around, fussing
with the defendant. 1 saw the de-
PENDANT with the pistol in his hand
Defendant said to Jesse: you -
Jesse turned around to pull up his
pants, his hands on his hips. When
this man came out and said to Jesse:
you 49, Jim Draper jumps in
and says: That is too hard for
cripple to take. If you want to fight,
fight man, you 800 Deceased
came in close by defendant, and as he
did, Jumped in between the deceased
and defendant. I put my hand Oh
Draper, and said: Jim, this man has
a gum With that he rushed in on de-
PENDANT. The defendant rushed back.
l got between them. tried to catch
the defendants hand; before L did the
shot was fired. l was standing on
l,1 ri1r l,f 81 10 Of Nrn,
hand on the defendant and one on
Draper. My face was burned by the
powder. / had one hand on the de-
PENDANT and the other on Jim's breast
trying to shove him back. I did not
see Draper have any arms. When
Draper was shot he had his left arm
out of his coat. 1t was a sack coat.
He dropped the coat on the floor or
chair after he was shot. At the time
the defendant was talking to Rudder
he had a gun in his hand, the tail of
his coat shading same. Defendant
had the pistol in his hand when he
called Rudder a - -. Yes,
sir, he had the pistol in his hand
when Draper spoke to him. L saw
Rudder quarreling with defendant.
and jumping around angry. The tone
of defendants voice was kind of an
cry. Did not see him lay his arm on
Rudder. Defendant turned on his
left foot to follow his partner. 1 told
Draper that defendant had gun.
When the defendant spoke as to the
Time they had been out Jesse COM
menced jumping around and crowd
ing defendant. Both Of them were
in.nping around. AT the time the de-
PENDANT said II will settle with you,
YOU in the morning."
the friend of the defendant tried to
get the defendant away. The defen-
dant turned on his heel toward his
friend but did not make step in one
direction or another. AT this juno
ture the deceased said, THAT'S too
hard for cripple to take; if you
want to fight, fight me, you -
-" When Draper said that
the defendant turned right around
and confronted him, and as the
defendant turned Draper started
to pull off his coat and rushed on the
defendant. AS Draper rushed at him
he stepped back toward the building.
He was not more than two feet from
the building. The defendant then
stepped forward again, from the wall,
reaching his hand from his back.
At this time they were both coming
| together and were within three feet
of each other. The defendant adj
vanced one foot before the other, and
Draper came on with one arm out OF
his coat. Then the witness had
rushed in to hold the deceased off
and reached him first. He tried TO
prevent difficulty.
John Draper, the father of the de-
| ceased, was called and identified the
undershirt, Overshirt and the coat of
the deceased. He pointed out the
bullet holes in the front and back of
the undershirt but could find none in
the coat. He stated that the de-
ceased was q years old. He said the
body had been taken care of by an
undertaken of Carter IL Mullaly's,
who had sent his clothes home, but
no vest had been sent with the other
clothes.
The state rested here and this
| morning the examination was con-
tinued.
The Court moved in to Judge Noon
ans courtroom. as his courtroom
proved to be too small for the crowd.
The evidence this morning was that
of Officer Gerhardt in regard to find
ing defendants pistol, and was very
unimportant, though long drawn ont.
After Gerhardt, the court began the
examination of F. r. Cochran, the
| friend who was with Childress at the
| shooting. His evidence will probably
| conclude the examination this after
noon.
The evidence is being taken by an