The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-12-05

AUSTIN w
Aillster at his Office yesteraov .,,,..
; aI hai, at ;SO o'clock. Frank Concb
th nall-orother of Draper, asked to have
t .he examination postponed until after
'iv funeral, but this was not done
oo, ". II. Ellis was the first witness
t .siiea' lie stated that he had seen
Sne defendant and friend with Jesse
nudder, the hickman, 90 into the bar
az the Menger. He had also entered
.he bar and heard the defendant ask
Sile amount OF the bill. He did not
near the reply The.three men then
ielt the saloon, Rudder remarking
snat ne would get the money. There
we're then some words between the
tnfee men, and the defendant appeared
70 nave been drinking and was
laxative. The friend CMr. Cochranl
Irled to get the defendant to 90 to
peG' out ne insisted upon paying the
OIL, or at least his share of it. and
pulled some silver change from his
pocket. He said to Mr.. Cochran that
ne had told the hackman that he
dld not have change to settle the bill
and that he should call at the hotel in
the morning. Mr.. Cochran had then
repeated that to Rudder and had
caught hold of the defendant, saying,
Lets go to bed.' Childress then
pulled away and said, 81 want to tell
tms - what think of him /"
referring to the hackman. Draper
then stepped forward and said, "Don't
call that man he's
a cripple" at the same time
beginning to pull off his
coat. The defendant then stepped
back and made a motion with his
hand which contained some kind of a
weapon. There was report and the
wltLess stepped into the doorway of
the hotel just as Mr.. Sinclair said
something and grabbed the defend
ant. Draper said "Tm sho" and ran
into the door of the Menger bar. After
the shooting Childress went ten or fif-
teen PAGES and stopped. Witness had
called to him to halt as he had shot a
man. He then started toward Carter
d Mullaly's, at little faster than a
walk. At the corner he turned to the
right. When the witness reached the
corner he again called to him to halt.
The defendant turned and the witness
fired at him. He had followed the de-
PENDANT until he lost him in the dark.
On cross-examination, the witness
stated that he saw Draper expose no
but that he was pulling off
his coat. No words had passed be-
tween Rudder and Draper. He didn't
know whether the defendant had
pulled his pistol before Draper had
addressed him or not. He thought
Sinclair caught his arm before the shot
was fired.
j. 7. Sinclair, the engineer at the
Menger, testified that Draper had died
in five minutes, that the ball had en-
tered at the left nipple and that the
deceased had no weapons. He said
that he saw the defendant with his
pistol before he shot Draper, when he
had said to Rudder: II will settle with
the e." He had the pistolin his
hand probably two minutes before the
firing. Draper was between Rudder
and Childress at the time. The
pistol was drawn before Draper had
started to take his coat off. Draper
had said: off you want to fight, you
.-, you fight me-" The dis
lance between Draper and the de-
fendant was only three or four feet.
Upon this testimony the defendant
was remanded to jail without bail.
The case will probably be taken up
by the grand jury as soon as it con-
venes on Monday next.
The attorneys of Childress, Messrs.
William Aubrey and N. o. Green, will
apply to Judge King, of the Forty
fifth district, this morning for his re-
lease on bond on a writ Of habeas cor
pus, they claiming that the evidence
is not sufficient to warrant the refusal
of the justice to admit bond.