San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-01-30
declared that

both denied the faintest proyocation or
excuse; and then, amid oppressive still |
ness, Mr.. Schonberg had described his
connection with the traders establish |
ment six years before and his knowledge
OF the pecuniary dealings Of the accused.
In positive terms he asserted that old
Mr.. Braine had lent the accused sums
aggregating six hundred dollars at diff
ferent times, and that he had frequently
and vainly importuned him in letters
written by Schonberg for payment, bad
been ignored, and that finally when he,
after the accused returned to the post,
strove to collect the amount he, the wit
ness, was met with curt refusals, denials
OF all Indebtedness, and finally with
threats and assault.
Nothing much more connected could
well be imagined. Both men were posi-
tive and precise as to facts and dates,
and both when cross examined by the
accused stuck stoutly and positively to
their versions. Another witness was
Mrs. Schonberg that was and Mrs.
Braine that had been, and her testimony,
though by no means truculent or posi-
tive, was largely in support of that of
her Jewish spouse. She was sure of the
loans to Hearn; sure he had never re-
paid them; sure that Braine had directed
them placed upon the books, and had
frequently spoken to her of them, be-
cause she thought that he was too open
handed and credulous, and had told him
so. f'-
When court adjourned at p. m. on
the second day the case had gone dead
against Hearn, and Col. Grace gravely
inquired if he could not procure counsel
even now; it might still be allowed. But
Hearn quietly shook his head. Wednes-
day morning was to have brought the
redoubtable Mr.. Abrams to the scene to
aid the case for the prosecution, but Col.
Lawler was compelled to say that the
witness was not forthcoming, and had
not even answered kilograms sent him.
There was some quiet grinning at the
reporters table, and old Kenyon breathed
| sigh as he bent over and whispered to
| Brodie:
ON that fellowl He never meant
to come and LAWYER knows it. Cross
examination would have broken him
all up" .......
But two other civilians were produced,
who claimed to be old friends of the late
trader, and one of these testified that the
week before his death Mr.. Braine had
| declared that Hearn had refused to repay
the money and he regarded it as good as
lost. Hearn protested against this as
"hearsay" and not testimony under oath.
Lawler vowed it was material and con-
firmatory, and the court was cleared, to
the utter indignation of the correspond.
ents thus compelled to quit the room
with the common herd. Thrice again
this happened during the day, and peo-
| pie grew Disguised, many of them leav-
ing; but those who remained. including
the officers, could see no earthly hope for
Hearn. Everything had been as conclu-
sively proved as such witnesses could es-
| tablish matters, and the only chance lay
in the impeachment of their testimony.
1t was nearly o'clock ON Wednesday
when Lawler said that if the other wit
ness, Mr.. Abrams, did not put in an APP
| pearance he would rest the case. for the
prosecution. Col. Maitland inquired
why the books of the late post trader
had not been produced in court in sup
| port of Schonbergs testimony, and Law
| Ter promptly responded that they were
too bulky to be appended to the record,
were property of the estate, and he had
not considered them necessary. How
ever, if the court insisted And the
court did. Schonberg was directed to
hiring his books at 10 o'clock the next day.
That, evening the party gathered on
Lanes piazza was very silent and sad.
Kenyon had been there while and gone
away with bowed head and thoughtful
eyes. The defense, of course, had not
begun There would be no difficulty in
utterly defeating the charge of assault
upon the soldier Welsh, but what wor.
ried one and all was the testimony OF
Schonberg and Braine's rehct. If that
held good with the court, then Hearn
had been guilty of disgraceful conduct
in stating orally and in writing that he
had long since paid those debts, There
| could be no sentence but dismissal
| Hearn had shut himself up in his room.
| That day had brought long letter from
his father, and it was this he was study.
ing, sore at heart, when Kenyon en-.
| tered
You haven't slept wink for two
nights, lad, and l know it," said the
major anxiously, as he studied the worn
face of his friend. I'm going to call
Ingersol in to prescribe for you" And
despite Hearn's protest the orderly was
sent for the post surgeon.