Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-12-28
SELF DEFENSE IS THE PLEA
NY WHICH PETER e. SARGENT
HOPES TO ESCAPE


His Decision Tomorrow MORNING.
The habeas corpus trial of Peter n.
Sargent was resumed before Judge
Harris yesterday morning.
S. o. Morgan was the first witness
introduced by the state. He said f-e
was a plasterer by trade. On Saturday.
November Gath. he was at the fremont
hotel with Pat Foley about 10 o'clock,
went up to Foley's room on the t4ird
floor. saw Sargent in Foley's room
about noon. Sargent asked witness
where Foley was. and referred to Foley
by a very bad expression.
w. p. Burgin. marble cutter. tesu-
fed that on the Gath OF last November
he was in his shop door. Saw man
crossing the street car track and saw
Sargent take deliberate aim and ard
four shot5 fred. The man who was
shot was going towards the fence.
L. II. Atweli. testified he was - his
front door on Rusk street and saw
Foley step on Of the curbstone in front
of the hotel door; he was going cry
slowly across the street and f. CO
the fence; did not see the man who did
the shooting; three or four AIIOls Ne.s
fired.
Peter Guard, street car motorman,
testified that mis- car was g0lns nlrth
at the corner OF Weatherford and Rusk
streets and he saw Foley about 10 ieet
from the door going west and saw Sar-
gent IRE at Foley; saw him cock his
pistol and bring II down. No'cy was
walking very slowly with his face tow
ards the west; the track Is egOu, the
center Of the street, the west rlil Is
six feet from the plank fence Foley
fell on his back, SAW no knife or pistol
in Foley's hand; his hands were by his
sides witness was about half block
from the shooting; did not hear Fo.ey
cursing.
George Hendricks testified as TO the
width OF the street and the distance
from the hotel door TO the center OK
the track was about forty feet.
George X, Turner testified that no
was Oh q beer wagon going by the place
and saw the shooting; saw Foley out
on the sidewalk and heard wOman's
voice say don't come in, he'll shoot
you" and Foley replied that NJ he Cii
shoot him he could do no more than
XIII him; saw FOLEY back out Of the
door; Sargent deliberately raised his
gun and fired; Foley was about ten
was fired, one foot on the sidewalk and
enc in the gutter; when the second shot
WAS fired Foley was backing; saw him
grab one hand with the other as Y his
hand had been hit; when the tird sot
was fired he wheeled around and gave
his body Jerk; Foley sunk ard fen ion
his hands and knees and rolled over on
his back. did not see any knife in h o.
ley's hand; Sargent used large pistol.
Pat Foley's dying declaration was In
troduced by prosecuting attorney Ben
Nj, Terrell. 1t was made-at ii o'oi eek
n. M. and Foley died at p. m the
same day. The declaration was as fol-
lows:
know my condition and believe am
going TO die. 1 was up stairs w tn the
girls; the night clerk said lie would
tell the old man. The clerl; went down
and | followed him to the Office He
told Sargent that I was cutting up
with the girls. Sargent told me he
wanted my room. 1 told him he could
have 1t when got my trunk out OF it,
that was under no obligations to him.
Sargent said, by God. | want You out
OF here. I'll so and get my gun" When
saw him coming i started out OF the
door and said TO him, you had batter
not draw q gun on me or you VIII get
yourself In trouble" He replied "Oh.
you - -" 1 then heard report
and felt sting in my thumb. NV
back was to Sargent and l was going
into the street when the first shot was
fired. then heard a second report and
then third report and then fell I
had no knife or other weapon exc ut a
small knife In my pocket. which l ola
not take out and did not chose the
night clerk with a knife as I have
heard he said l did. l dont owe him
any board except for two meals I'D
tn,
all the time. Sargent and / were talk
ing. have never had any other tron-
BILE with Sargent He had no cause for
shooting me that | know anytblng
about mako this statement volun-
tarily. l am so years OF age and NV
name is Patrick Foley.
Maggie Callahan testified that she
was standing on the stair stops with
Pearl O'Neal; heard Foley quarrellng
win the night clerk. Foley was cali
Ing the night clerk very foul names.
They cursed each other and quar-
reed fifteen or twenty minutes. Foley
drew his arm back and made a breal,
at bd, the clerk, and ran him nearly
To the back door. The clerk nicked
up chair Foley made dart NJ
Sargent, who came out Of the parlor
with gun In his hand. Foley ana
sargent cursed each other. Sargent
tod Foley to SO away, that he ala not
want 10 have any trouble. Foley Went
out and walked about half blocl, 10 a
salooh ana then came back and com
ineneed ourslng Sargent, and told Sar-
gent he wouldn't fight fair. Sargent
told him to go away. he did not want
10 nght, to get out of his house. Foley
SAID ne wanted to get his things otit
OF there. Sargent said that he could
get his things or he didn't have any
tlungs, something OF that kind. Foley
stepped closer and Sargent fired the
first shot. Folcy's face was towards
his hand witness did not see IL VII
ness did not see any more OF the shoot
ins. as she went screaming up stairs.
Judge Harris announced when the
evidence was concluded. that he would
take tho case under advsement nnd
make known his decision tomorrow
morning,
WOES OF a WIFE.