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

! refused 10 let MIN nave III. suddenly, WD1t
| was standing on the step ladder, taking
house and asked: "DId you refuse 10 lei
those men have my washstandP" | re-
piled: 81 want to have talk with you
first, doctor. | understand you told my
! collector when he presented you with the
bill for rent that you said | was d-n
crazy fool" He said: ~ did. You are a
Cd d.n fool. and have been crazy all
was not excited. / wanted no trouble with
| him. stepped from the ladder and walked
INTO the store to the telephone to talk with
N North at Mr.. Tips. l wanted to see
him about this affair. | always consult
with Mr.. North about my troubles. Not
getting any reply | SAID, 81 guess |
will 20 up there myself" DR.. Bennett
| in the meantime had walked out into the
store, toward the Avenue entrance, / can't
say the course he took to get there. While
l was telephoning he walked out. Looking
at my dirty condition | observed that in
taking stock my hands were full of dye,
and took, as | am accustomed to do, an
ounce graduate, walked from behind the
prescription counter to behind the south
counter in my store and poured into the
graduate about or drachms OF sulphu-
ric acid and started back to the archway
which leads into wareroom where the sink
X
intended to use the acid to get the dye off.
| got as far as to the archway, DR.. Bennett
then said: twill you let me have the
washstand without any further trouble"
DIR. b. was then standing apart in the cen
ter of the store. | walked around The pre-
scription counter, going behind it to where
the telephone is, and said, Il will not, sir.
All at once he ran and rushed behind the
counter at the entrance on the north side
NIT hand on hio him ,,ooIyat 7 think
he put his hand behind him in order to
more readily get between the counters.
cried out, doctor, don't come back here"
He kept coming. Raised his hand to strike
me, and 1 then hallooed, doctor, don't
strike me, or I'll throw this stuff on YOU"
can't tell how close he was at this time,
it occurred so quick. He pushed me be
tween the outside counter and the prescrir-
ton counter, and here, in cliDching, the
acid was split l can't tell whether it all
was split. He struck me about four times
| defended myself as best knew how. 1t
was my impression at the time that | en-
deavored to dash the balance of the acid, if
any, upon him, but did not dash it at any
part of his body. This is after he had as
sauted me. He pushed me into the ware
house. | think | struck MIN several blows
in The face. Mr.. Burke separated us. l
have looked since and l know where
me and had taken hold of me
my body was bent over to the front and
right, with the acid in my right hand. My
face was towards Bennett and the north,
and was leaning towards the main counter,
and the acid was spilled ON the side of the
main counter, as the marks since examined
will show. Whilst in this position, before
the acid was split, l o not think had the
courage to throw it, l never turned loose
. 4, 6n 70 hn faIl RI
the floor after Burke had separated us.
The acid marks on the side OF the
counter are in curve from north to south.
CROSS EXAMINATION.
DR.. Bennett and never bad any quarrel
before this. 1t is generally customary for
druggist in this town to furnish physicians
an office in his store if they have one. |
suppose the consideration is the business
the physician throws him, but l never
spoke of this to DR.. Bennett. l never in all
the time he staid there presented him bill
for rent until Nov. 8.
No one was present at the friendly con-
about the rent about Nov.S 8. The
ladder which | was on, taking stock was
standing Immediately south of the arch
way, a little to the east, near the sink. |
have not found where the acid fell when it
spilled, except on the main counter, as re-
cited, and on the back of my right rist. l
think there are few drops on the marble
t lab Immediately above the marks of the
acid on the counter. When the acid split
DR.. Bennett had clinched me and knocked
me on the head. He was leaning above
me. do not know where his hat was. l
the acid got on his hat. think can ex-
plain how it got on his face. In the general
fight which ensued in the warehouse, as |
struck him with my right hand, on which
acid had been split, he must have come
in contact with the acid on my
hand. struck him probably twice
If my arm glanced over his head it would
have communicated the acid above his eye.
In striking same blow would have COM
municated the acid to his lip.
REDIRECT.
do not know that all the acid was split
out of the graduate. l defended myself
with the graduate in my hand all the
time. The marks on his face and hat may
have been occasoned by the residue of
acid in the graduate, with which | de-
Tended myself, the best way l could.
struck at him with both hands with the
graduate i'll my right. | don't say but that
| might have thrown some of it on him, as
was defending myself with the graduate
in my hand, after he had assaulted me and
the acid was split.
This closed the evidence.
A paper was.drawn up, however, and ad
mitted as part OF the evidence, that the
county attorney had seen the sulphuric
acid applied to the hands and chin, washed
off as described in Mr.. Krunker's evidence,
with no injurious effects. This paper was
signed by the county attorney.
Commencing at o'clock last night the
case was ably defended by the attorneys,
and the court rendered his decision as
above. DIR. Samostz promptly executed
bond, with Walter Tips and W. F. Brown.