The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-08-08

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leave. / don't think / would have pc
mitted him to leave until ] had shpS
y him | had direct evidence Of his guilt
Defendant objects 10 any statement :
defendant after this time Decause q
PENDANT is under arrest.
Question by defendant-Was there II
, | an understanding between you and Luc
that IL the defendant did not confess TN
Lucy would return and arrest him; an
did not Lucy return and you tel nm thS
il was n1f necessary, that the detendaI
had confessed!
= Answer-No, sir; there was no sue
understanding. Lucy did not come bacl
and did net know that the defendant ha
confessed until late that night.
After Captain Lucy left the room,
said. '.Schintz, stop your lying; an homes
! cDnfessiOn il the only thing that can saw
YOU" / think this was repeated 10 hin
two or three times. ! then said to him
'YOu did not know the litrle cOwbO
that you sod 3.2J worth Of medicin'
Sunday morning, and tod y0l
he was buying it for "A widOT,
woman Or SICK lady, and he wanted {
| BIZ Of same TO show what he had paid
for same and you refused him, saying
il was not necessary, that the price was
marked on each bottle, that you rang
Up 70 cents on the register and you after
wards got scared and put in a ticket for
50 - and then ] got up and went and
| put my hands on the packages he had
| sold and said 10 him. here are the pack
ages you sold and there is no use Of your
going any further. Then it was that
defendant said ''gent,cmtn, | acknowledge
did take 81 and that | needed it for
something 10 live on" or something 10
that effect, and | said 10 him were yOn
not paid Saturday night, and he remarked
he had 10 use that 10 pay for groceries
or something, don't know exactly what.
The excuse he gave for taking the 81
was that they were behind with him at
the store. ! said to him did they owe
you anything six months ago when they
caught you stealing! He replied they
had always been behind with him in
his pay. / then asked him how much
he had taken from the store, make an
honest confession. He then admitted
he had taken from the store different
things, ] think jugs was one. ! told
him no, / don't mean that. how much
money have you taken! He then said
he did not think ii was more than 50 or
81 or 50. / said, Schintz that will not
do; no man can support family, buy
a horse and buggy and keep it at a livery |
stable on $50 month SALARY. He pro- |
tested his innocence and said / ought to |
see how cheap he lived. After repeated |
request on my part TO make an honest |
confession and tell how much he had |
taken he said he did not think it would |
amount TO over $50. j said to him |
that will not do, and / may probably have |
used the words, you are lying He said |
he did mot know how much he had |
taken, but he knew it could not amount
10 more than $50. / still told him
Jhat would not do, that | was satisfied
he had been rObbing that store for over
I year. He finally said it could not pos
'ibly amount TO more than $75. That
re had paid part Of it back and wanted
. and was willing to pay the balance
o know what he could do. He was will
ing to do anything. lie said he did
not have any money. / have forgotten
he words used but the substance was
lbOut this. | told him if he would make
written confession and pay back the
10 AS he said he wanted to pay it,
vas willing TO pay it and had paid some
# it, that / would not give him any
rOublc ON account Of his wife and child, Is
nut that | had no sympathy for HIM Z
lc said he had no money and offered
o turn over his horse and buggy to me. Il
told him that horses and buggies were !
Ot worth anything. Then it was that !
lr. Hume for the first time took part !
n the conversation and asked me if
he store did not owe Mr.. Schntz u
a,ary and | asked Schintz what it was a
md think he said $50 and something '
chintz then turned around and asked u
lr. Hume Of he knew where he could
I'll his horse and buggy. Mr.. Hume u
ND horses and buggies were not worth =,
nything, were very low, and told lin
, take his time in selling his horse and D
G would go his security for $50. / r.
rem told MIR. Schntz to sit down and
rite his honest confession meaning 5
hat he had confessed to us. lie sat y
own and wrote something and showed =
TO me and j told him that would not !.
D. ] them took q scratch pad and "
rOte his confession as near as l could
it, | said, Mr.. Schintz, you
re nervous, let me give you something
} go by, or something TO that effect. e
.c took the memorandum and another n
leet Of paper Il wish to state here that
Ir. Hume was out of the house ut this
me, no ONE being present but defend
1T and myself and made written
atcmcnt. After defendant had written
he said | have signed it, but it is not
ir or right. Il don't remember which y
ord he uscd.) Paper hereto attached 81
it'll name of w. III. Tobin written at
,ttom of same
!, III. V. Schintz, do hereby acknowl- q
ge in the presence of j. l.. Hume, that +,
have at different times taken from 81
r. Tobin's drug store not less than a
twenty-five dollars and made use of it Of
I'd that without the knowledge or con-
mt Of DIR. Tobin or anyone else having tC
thority. III. V. SCHINTX.
Witness:
j. l.. HUME, 81
WIN. III. TOBIN.
said, Mr.. Schintz, | don't want it f.
it is not right. He then said / have
gncd it, | said yes, but if it is not m
10 | don't want it. He said nobody si
II say anything against it, as it is my s.
,naturc or dispute it, | don't rcmem-
r which. About that time Mr. Hume II
turned TO the store and | said to de-
ldant, Schintz, ] don't want anything 50
t the truth-is that the truth, refer hi
x to the paper. He said, it is. si
IN callcd ON Mr.. Hume to witness it, so
lich he did. l then told defendant, ii
hintz, you can't remain here tor in
lstin, | forget which.) lie replied, in
amt get out of the State. | have got
make my living. said | mean Aus ar
/. He said, l don't expect TO remain
re-. | said | could nOt with any self W
pcct suffer you to rob anyone else in m
Stin rs you have robbed this store.
II hrforp leaving | turned that cOufpS- e