The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-01-10
THAT CUTTING,
The Preliminary Trial Before JUS
tlce Calhoun at an End.
What Mr.. Finch Told About the
Affalr-The Case Taken
Under Amusement.

The case against Mr.. dwynn was re.
sumed yesterday in Justice Calhoun's
court.
W. L. Finch testified he was at Orosby's
drug store on the evening and night OF
the cutting until about 11:45 O'Clock, at
which time he closed the. store. He then
started around to the Driskill hotel and
met Gwynn, Bob Harralson, Sam Patrick
and Mr.. Register on Sixth street about in
front of the English Kitchen. They Wis
tied one or two places and then went
down the Avenue, Mr.. Register having left
the party.
At Hatzfeld's corner they stop
ped to admire his show window,
which was profusely decorated and bril-
liantly lighted. Townsend came up and
spoke to Mr.. Gwynn and Harralson, say
ing: "Hello, boys" and then Gwynn in
troduced him to Mr.. Patrick and myself
Townsend then suggested that we go down
to Billie and Charities and take drink. /
said it looked as if they were closed, Snd
Townsend said it is early yet. Mr.. Gwynna
pulled out his watch and said 1t was only
12:45.
Mr.. Patrick then said: Townsend, yous
are drunk now; you had better go OrA
home"
Townsend replied: "No; can stand one
more"
Mr.. Harralson then said: "Come on,
them" and we started on down the
street toward Billie and Charities.
We got as far down as Nelson Davis store
and saw that the saloon was closed.
Townsend then said, aCome, let's go up
the street."
Harralson remarked, swell, we'll go
around to the Driskill and take drink
and we started on up the street.
Whom we got as far as Charlie Cortis-
sozs side entrance, on Pecan street, Town
send stepped up into the door and said,
"Come on in here"
Mr.. Harralson said, "No, we will go on
to the Driskill."
Townsend answered: "If you can'tcom
in here you don't get none"
Harrason insisted on going to the
Driskill, and Townsend stepped out of the
door, and, going to Gwynn, said: "Gwynn
you have been drunk at my expense many
time"
Gwynn said: "No, you are mistaken"
Hsrralson then remarked: "Come on,
boys" when Townsend repeated the state
ment he had made to Gwynn.
Gwynn replied: eff you or anyone else
says have been drunk at your expense
it is id lie."
Townsend then threw his right hand
back on his hip pocket, Mr.. Gwynn say
ing to him, "You are armed. You have
got pistol aud / have not. You have
got your hand on it now"
Townsend made no reply and Gwynn
then said, "Take your hand off,"
Mr. Patrick then stepped up and grab
bed TowDsend's hand and Townsend jerked
loose from him and started to strike him
(Patrick) with his walking stick, but
stepped in between them.
Mr.. Harralson stepped up and said;
Townsend, you are drunk, go on home;
we don't want any trouble, we are all
your friends"
Townsend then started off towards the
Avenue, when Gwynn said: II repeat it,
that anybody who says get drunk at
their expense is id liar"
Townsend then wheeled around and
came back to Mr.. Gwynp, at the same
time throwing his right hand back on his
hip pocket, saying at the same time:
"Gwynn, you are id s-n of b---ch."
Mr.. Gwynn then stepped forward aud
struck him.
Townsend said: drank, you have
hurt me-" and turned around and started
up the street. We went down the street
and Mr.. Harralson remarked to GwyDn,
"Frank, that fellow said he was hurt; did
you cut himf"
Frank said, "Yes, cut him deep; ne
tried to shoot me-"
Mr.. Gwynn was not under the influence
of liquor; Mr.. Harralson and Patrick
were sober; Townsend was under the in
fluence of liquor.
Here the testimony ended, and Justice
Calhoun took the case under advisement
until tomorrow morning.