The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-02-18
THE ALLEE TRIAL.
TEs FIRST WEEKS PROCEEDINGS IN
THE NOTED CASE.
The State Rests and the Defense Begins Its
Fight to Dispose Of the Theory Of
Conspiracy Complete Testimony
of the Witnesses.

ing before Judge Robertson.
A large number of witnesses for the
state were called and sworn in body
A large number were similarly sworr
for for the defense. The witnesses
were all put under the rule.
n. S. BurlesOn, the district attorney
is assisted by Thos. II. Franklin o
San Antonio. Messrs. Browne, ..Kone
Camp, Lane, Moore, Pendexter and
Brueggerhof were present as counsel
for the prisoner. Mr.. Mayfeld, also
cOunse! for the defense, was absent
Allee's brother and the brother OF
the deceasedlare attending the trial
DR.. j. M. Williams of Cotulla, was
the first witness introduced for the
state. He made a post-mOrtem exam
nation of the deceased sixteen days
after he was killed. He described the
wounds in the head. First one above
the left eye, which ranged downward.
Number two entered just under the
right eye, passed out of the mouth,
and came out Of the left side of The
neck near the jaw.
The third ball entered on the left
side Of the neck and broke the neck
bone and came out of the lower side of
the abdomen near the rear of the
right thigh.
The fourth entered just above the
left nipple, passing down slightly and
went through the left shoulder blade.
Just below this there were two others,
ranging little more downward than
the one above described.
There was also a wound in the left
ann, passing up and lodging in the
flesh Of the center portion Of the upper
part of the arm. This bullet was
labeled and preserved. The body was
somewhat decayed and not in condi-
ton for me to tell whether the top of
the head had beer graZed or not.
TO Lane--The body had been placed
in coffin when | first examined it,
and merely looked at the wounds,
except one on the head, which | felt
with my finger. / expected | would
be called to testify in the matter. |
could not tell whether there was any
powder burn about the hair.
had little probe which put into
the hole in the head. Some one said
something about powder burn in
the head, but | noticed none. On my
subsequent examination 1 was salts
fled there was then no evidence of
powder burn. The elbow might have
been ileXed to account for the course of
the ball in the flesh of the arm. |
can't tell what was necessarily the
position of the arm. If deceased was
sitting down and the ball was fired
eight feet away (as Counsel Lane has
indicated), the arm might have been
so placed.
Mr.. Franklin: The sten0grapher
will note that this is not the first po-
sition indicated.
To Lane: The body had been
placed in the coffin the first time be-
fore | saw it. The first and second
wounds were fatal. The party
might not have fallen sudden. There
would be very little difference.
The third shot was fatal, say almost |
instantly, and in the ordinary accept
alton of the idea of sudden death |
suppose it was. When | first saw the
body | noticed no wound on the top of |
the head, but | didn't look at it. The |
truth is, | did not want to look at it, |
as ! did not think it necessary from |
what | knew of the cause, but some |
Knights of Honor wanted me to look
at it. The crown of the head was in |
view, but found no wound on the |
crown.
TO Franklin: | only noticed far
enough to see that tho wound | ex-
amined was fatal.
TO Lane: Was you or Alice a
Knight of Honor. This was objected
to as irrelevant).
Franklin offered complaint made
by Bowen, prior to the killing, charg-
ing Alice with an assault upon him.
Mr.. Brown objected that the docu-
ment was only complaint, and was
not matter of proof. 1t could only
be submitted as heresay
even in an attempt to show malice.
He further objected that it was here
say and immaterial.
Franklin - Then we offer Allee's
plea ofguilty to the complaint.
Brown-We object to that
Moore submitted further that it was
not genuine paper and purported to
be merely copy.
Franklin-What is the additional
objection? 1t is a certified copy.
Moore-Being objected to as at first
because it was not the original COM
plant, and it is not established that
t is genuine copy.
Franklin-We will withdraw it for
,he present.
Moore-Let us see if we will waive
our objection.
Brown-We will withdraw all OBJ
ections.
Franklin read the complaint which {
alleged an assault by Alice of abusive
language to Bowen and female rela- ,
ives.
Franklin--We next offer the indict-
nent of Alice for threatening the life l
If Bowen. t
PendeXter-How and for what {
IAN this be admitted. 1t don't {
'how that because Alice was indicted
hat he was guilty of malice. Nor
vas the fact that Allee's name was !
endorsed on the paper any evidence |
hat Alice had any knowledge of it. l
Moore-We further object, that q
Nllee had no hearing in matter 1
where Bowen was before the grand /
ury in secret session. 1t is not even '
he statement of the grand jury, but 7