The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-01-08
REDIRECT EXAMINATION.

at is a fact that after the difficulty
/ gave my name to Mr.. Samostz' CLERK,
and told him to tell Mr.. Samostz if he
needed witness, l had seen the diff
Guilty. l next saw Mr.. Samostz's clerk
when he was looking for me to come
to court. He asked me to come to
court. We did not discuss the diff
Guilty. In the conversation with Bur
Lesson, counsel for defendant, he asked
me if 1 saw the difficulty, and if so TO
detail it, and / told him of it, and
that was all the conversation we
had about it. He did not attempt
to cross me even. ] did not
see all the difficulty because l passed
into another ROOM"
Mr.. Kruger was next introduced
for defendant. In substance he said
81 am employed at the store of Mr..
Samostz, and was there wien the
difficulty occurred. I saw DR.. Bennett
there. Have been in the employ OF
Mr.. Samostz since Sept. 10, 80. Yes,
/ know where DR.. Benefits office
was 1t was over the store of Mr..
Samostz. He came down to Mr.. Sam
ostz's store frequently, went behind
the prescription counter, used the
telephone, the key to the closet, and
was familiar with the store hut don't
suppose he was familiar with contents
of drawers. There has never been a
weapon of any character kept behind
the prescription counter since have
been there. All the drawers were &C
cessible to Bennett. l was in the
store the evening DR.. Bennett cane
in. l was behind the north side
counter, and Mr.. Beatty was
before the counter, opposite me, l was
about three feet from the opening in
the counter to the west. DR.. Bennett
came in and asked me where Mr.,
Samostz was. ] told him he was in
the ware room, taking stock and told
him if he wanted to see him particu-
larly he might go In there, and he
went. / do not know what occurred
in the ware house. l next saw Mr..
Samostz coming out Of the ware room,
going toward the telephone. DR.. Ben.
nett followed him out through the
opening of the counter on Pecan street
side and he went about three quarters
of the distance to the Avenue en-
trance. Mr.. Samostz had telephoned
to Mr.. Tips or North and then said /:
~ guess / will go up there" Mr..
Samostz had dirty flannel shirt on
and his hands dirty with dye, that he
had got in while taking stock. He
got an ounce graduate measure and
poured sulphuric acid in it until about
half full. DIR. Samostz had been tax
ing stock for two or three days and
had occasion to use the acid for
cleaning his hands of the diamond
dye. 1t is usual for druggists to clean
their hands with acid. At the time
he filled the graduate he was at
the south side of the prescrip.
ton counter at the same time DR..
Bennett was about twenty-five feet
from Mr.. Samostz, in the center of the
store. At this time DR.. Bennett
turned and asked Mr., Samostz, "Will
you let me have that wash stand
without any further trouble?" Mr.
Samostz answered, "No, sir; l will
not" Then DR.. Bennett advanced
and when he got to the opening on
the Pecan street side Mr.. Samost2
hallooed, Don't you come near me,
or l will throw this stuff on you"
Mr.. Samostz was then standing be.
tween the stove and telephone, and
DIR. Bennett advanced further and
went up to Mr.. Samostz and
struck him. In the meantime Mr..