The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-10-20

Ia OdSlOy
e. s. Stanley, farmer.
IL. l.. Hoge, school teacher.
!. M. Venable, farmer.
w. 9. King, farmer.
John +. Hart,
p. Thompson, blacksmith.
James Walden. farmer.
John Severns, farmer.
Chas. Roberts, farmer.
Jack Wilson, farmer.
George johnson, farmer.
10 secure the above jury the defense
exhausted all of their twenty chal-
lenges, while the state only used six.
The first witness called was M. b.
Perez, an eye witness of the shooting
at the fandango. Two Mexicans had
difficulty, one of whom was Mar
celena, (ndicted jointly with Rey-
nos) who had knife, running after
the other man. Old Man Hornsby put
his hand on his shoulder and told him
to put up his knife and not to make
any fight. He then turned and saw
Reynos with pistol in his hand. Mr..
Hornsby took one step towards him
and said, "Umbra, put up your gun.n
The man fired and afterwards struck
Mr.. Hornsby twice In the head with
the butt of the pistol. He positively
identified Reynos as the man who had
fired the shot and that he had known
him for three years. Mr.. Hornby had
nothing in his hands when he, stepped
towards Reynos and when he and
Little Make took hold of Marcelena
they did go to prevent him from cut
ting the Mexican he was chasing.
The cross examination by Mr.. DAVIS,
developed nothing of Importance ex-
cept that the place was lighted up
with big lanterns and that every
thing could be seen. After Mr..
Hornsby was shot he again told
Reynos to put up his gun
and then turned to help
his son who was sti, trying to get
his knife away from Marcelena. While
he was doing it Reynos slipped up
and struck him twice on the head
with his pistol.
BRUNO FLORES
| lived at Hornsby's Bend. Knew Mar
celena and Reynos; was at the landau
go; first he saw of the difficulty Mr..
Hornsby and his son had Marcelena
by the arm. Heard Mr.. Hornsby tell
him to put UP the knife aid Marce-
| lena call to his friend to come and help
him. Saw Reynos coming with q
pistol in his hand. Hisdescription of
the shooting corroborated the state
ment of Perez. Saw Renos srike Mr..
Hornsby twiceon t he back of he
head with his pi stol;saw no effort on
the part of Mr.. Hornsbyto strike Rey-
nos; he had nothing at all in his
hands. First saw Reynos and Marco
lena about eight days before the shoot
ing when they came as strangers to
pick cotton. Last time Mr.. Hornsby
was struck on the head he fell to the
ground and then the two Mexicans
ran off. Reynos fired once and tried
TO shoot O second time but the pistol
snapped. Neither Mr.. Hornsby nor
his son struck or attempted to hurt
Marcelena; they only tried to take the
knife away from him.
NUEvA vI1LEREAL
lives at Laredo, has been here abou
six months; has been working on
Mr.. Hornsby's place picking cotton;
was present at the fandango; first he
saw of the fight the two Hornsby's
had hold Of Marcelena. He also cor
rOborated the statements of the two
previous witnesses as to the way In
which the shooting occurred. He also
| pOblbltOiy Itoy uU6 No bu6
man who fred the shot. Said that
after Mr.. Hornsby was shot he picked
up stool. Said that when ReynOs4
"Give IL to him. Mr.. Hornsby had
been at the place where the shooting
occurred for three or four hours. Mr.,
Hornsby's remark to Reynos, ''Putup
your pistol" was said in English:
/ nauar . n Mr. Hnwrohxy ,,aa kt.a ofnoi
after he had stopped and picked 1t up;
Marcelena called to Reynos: Let's
go.n
The examination of the witnesses
will be continued today, and as there>
are not great many of them II Is
probable the case will go to the jury
tonight.
JUDGE CoCHRAN's COURT.
State of Texas We. o. N Hollings-
worth ct. al; official bond. AS to de.
| fendant Hall and his bondsmen the
general demurrer is sustained. AS to.
the defendants, the sureties of Hol--
lingsworth, general and special ez-
ceptions sustained upon points raised
In conclusions of law found by the
court. All parties except and leave
granted the state to file first amended
original petition.
Mary Brueggerhoff Va. Stillwell n.
Russell; Judgment for plaintiff for
$2117.60 principal and interest, and
$2l1.76 attorney fees; judgment to bear
IL per cent interest.
RECORDERS COURT.
City We. Mollie Pembsrtor ntox;ea-
ton; fiued $40.