The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-02-18

it got out of the car. The pistol bor-
rowed had five loads in it. L saw
Lyons behind Alice with a pistol in
his hand. He got in between the
seats and shot. 1 never saw him
shoot but once. After | was shot l
never saw him any more. | don't
think my brother shot"
"Did you state he did at the in
quest?"
81 don't remember
"Did you not state, Il think my
brother fired shot.'n
81 do not remember"
ado you think your brother shot ?,\
III do not, When l last saw xNe
pistol it had three loads in it. 1t had
five loads in it'when borrowed it. l
borrowed the pistol from Mr.. Cody.
After the shooting my brother fell be-
tween the seats. The smaller pistol
| think had four loads in it at the
time. At the time testified at Pear.
sail [ was in no condition to testify.
| was very nervous and had been TAX
ing great deal of choral. Took
large quantity that day. was in no
condition to testify, and remember
very little about my testimony. I did
not read it over after it was taken"
l have no recollection of my brother
saying anything to me at Pearsall
about Alice. | have no recollection
what was said at the examining trial.
[ was on the bed at the time. do
not know, of my own knowledge,
what made my brother lean forward
when Alice was first seen at Dilley. 1
do not remember my exact words at
the time, but in effect it was that
Alice would not bother him. Lyons
and Alice passed down the aisle and
when about twelve feet from the door
L saw Lyons have pistol, and a mo-
ment after Alice drew his, rapidly.
My brother did not lean forward until
after Alice had drawn his pistol. My
brother did not place his pistol across
the seat and fire at Alice. I saw him
lean forward. / don't think he evN
got his pistol. | jumped forward an
Lyons when saw him with his pistols
and it was for the purpose Of prevent
ing him from shooting me. The little
pistol when | saw it at PearsaIl was
in the same condition it was when nv
brother had it.
Mr.. Bowen was questioned at length
about his testimony at the inquest
trial, and he stated he was suffering
from his wound; was nervous and un-
der the influence of choral, which he
stated untitled him from making a
clear, logical statement.
By the defense: "Mr. Bowen. did
you not make the following statement
on the examining trial: INV brother
leaned forward and Alice Just then
drew his pistol and fired at my brother
while he was in that position.,u
II don't think did"
"Did you not state on the examining
trial: When | pushed my brother
back, Alice and Lyons were in the
door, and when pushed him back
they were looking at u.s."
. may have done sou
Did you not say 1 pushed him
oack with my arm and my hand was
81 think | did,
',Dld you see your brother get up?n
L never saw my brother get up
after Alice shot.n
FRIDAYS PROCEEDINGS.
The Alice case was resumed Fri
lay morning, and taking the evil
lence of witnesses for the defense be-
AN.
y. n, FIato of Lavaca county tes- ~
liied That he met Alice in San An<
ONO June and had a conversation
'lUn nm. He made an agreement to
leet me in Encinal on the 4th of Juna
o9l on business. / do not live in
'aSalle and never did.
MIR. w. A. Franks. "I resided j.,
earsall last June. saw Alice on or
bout the Bird of June. saw him Of
,liley the day before Bowen vsS
liied; travelled from Dilley to
llllett with Alice. l went
, see Mr.; Millett, to see if I could Cat
Joo. Alice went with me, at NV re-
uest, to introduce me to Mr., MiiIotf
l old not know him. I maid A.
e, e 5 expenses. had heard Mr., Mil
.tG wanted foreman and I wanted
see. see u could get the place. A.
;lllett saw Capt. Millett and hearJ
IN LI, ana Alice talk about gathaTinm
lttIe, and Mr.. Millett said he wantaS
pun hand or two with him T
I've oeen a stockman nearly
,i,,- my life. [ haIo
n now Alice and Lyons about tw ngve
9arS. l can't say that Aliaa NV,
yons have been close o,,L anN