The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-01-08
THE EXAMINATION
EVIDENCE TAKEN YESTERDAY BEFORE
JUSTICE FISHER IN THE sAMOsTz-
BENNETT CASE.
Two Witnesses for the Defense Tell
Their Stories and the Case Will
BE Called Up Again
Tomorrow.

The examining trial OF Mr.. Oscar
6amostz, on charge OF assaulting
with intent to main, was resumed be-
fore Justice Fisher yesterday at 10
o'clock.
On the cross examination of Mr..
Burke many questions as TO the posi-
tions of the parties were asked, but no
new matter was brought out, and he
sustained, in the main, the evidence
of DIR. Bennett.
considerable characteristic
6 upon the part of the attor-
r. Bennett was admitted IN
,orrect the evidence as taken
TX on Friday. He said:
glass and part of the contents
graduate struck my hat before
,uched Samostz. His hand was
.ised in threatt ming atti-
tude as if to throw, while
he was approaching, and when
be got close enough he dashed it at
my face. lodged and grabbed him.
1t was then that the liquid fell on my
hat. ] made the lunge to cause him
to spill it. The statement that ]
made lunge towards him and caused
him to spill it slipped my attention
and is incorrect"
CROSS EXAMINATION.
To question DR.. Bennett said
"The statement l saw in the paper
caused me to desire to make this cor
rection. Yes, the testimony was read
to me and thought understood it.
] deemed it necessary to make the
lunge to defend myself, to keep him
from throwing It in my eyes.
lunged at him just as he
threw it. / ducked my head
down and plunged at him.
didn't have time 10 lunge before he
threw it. Yesterday when this SEN
tence II made lunge towards him
and caused him to spill the fluid,
was read to me, 1t slipped my atten-
ton and is incorrect. DIR. Samostz
was about eight or ten feet from me
when first saw the graduate in his
hand and don't know il he said any
thing TO me when he was at this
point, eight or ten feet from me. At
this time he had the graduate in his
hand raised. No one prevented the
defendent from throwing the liquid at
that distance. Dr. Samostz advanced
toward me from the position he was
from me, j remained still, think,
am pretty sure / was standing at the
writing desk at the northwest corner
Of the main counter. DR.. Samostz
advanced, / believe, from the south
counter Of the prescription desk,
From the time saw him did not adj
vance upon him, that is, from the
time he (Samostz) came from behind
the prescription counter. The liquid
was thrown before l made the lunge
from where was standing near the
writing desk. Samostz was about
three feet from me when he threw the
liquid"
The prosecution here rested, and
Joseph Beatty was introduced, who
testified about as follows for the de-
PENDANT:
"My name is Joseph Beatty. / re-
side at 30S Willow street, Austin,
Travis county, Texas. | am not per-
sonally acquainted with DR.. Bennett.
/ am not personally acquainted with
Mr.. Samostz. On the evening OF the
30th day OF December, 1896, between
and o'clock, was in Samostz' drug
store on Congress avenue, and saw
DIR. Benuett there and Mr.. Samostz.
When / first saw Mr.. Samostz he
was standing on the north side OF the
prescription counter. There was
doctor came in behind me that I'M
derstood afterwards was DR.. Bennett.
] did not see where he came from. /
was standing at the end counter,
facing the prescription counter. When
] first saw DR.. Bennett he was ten or
twelve feet behind me. / saw Mr..
Samostz pour out some thing from
bottle into a glass and he then stepped
10 his telephone. / did not see him
take up the glass, ard he made re-
mark. / heard the doctor say some.
thing. / do not know what it was.
Mr.. Samostz replied, "Doctor, l will
not" Then the doctor went in behind
the counter, next to his goods, and
rushed towards him. Mr.. Samostz
came towards his clerk, who was wait
ing on me, and got little behind him
and threw up his hands and hallooed,
"Doctor, doctor, don't" | don't
know how many times he hal
looed but he halloeed several