The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-07

mo, sir"
John II. Cooper, sworn, testified. he
was present in the Iron Front saloon
when defendant and Tom Cummings were
scuffling on Sunday last.
George Lockwood, Pat Duff and my
self We're playing dominos and defendant
came in, supported by two people. he
made some remarks that l didn't catch,
and he went to the second table beyond
us and sat down in n chair. He was sick,
and they took him outside. l didn't know
either of the men with him. When he
came in he came from the front, or bar
room. didn't pay any more attention to
either him or the parties with him. When
we got through with the game of
dominos Lockwood and me
got stuck for the game
and we all stood up and talked, and
then dispersed. 1 started back by my
self to the urninal and / met defendant
coming in and met Pat Duff afterwards.
went into the urinal and when l came
out l again met Pat Duff and he told
me he was cut. I asked him how he was
cut, and he put his two fingers into his
bosom and pulled them out and holding
them up said here is how / am cut. /
did not see the cutting"
Tom Cummings sworn testified: 81
saw the cutting of Pat Duff on Sunday.
1 had a scuffle with Mr.. Ledbetter. 1
happened to be going back to the urinal
and met Charley and said hello, Char
ley and he said, hello, Tom, and took
hold of my arm and pushed me back
few feet, and twisted me over little.
l was not thinking any harm in the world,
but just gave him a little twist and threw
him over on the floor. 1t was no trouble
to throw him down as he was very drunk.
fell on top of him. was little under
the influence of liquor myself at the time
Charley looked up at me and said, Tom
let me up l turned him loose and we
both got up. About that time. Mr.. Duff
walked in and Charley made some re-
mark that l did not understand. Duff
said, Charley, you are foolish to talk
that way He said, Pat Duff am not
foolish Pat said, you must be crazy
to get mad over little thing like that,
for it was all fun Charley said, L
am not crazy, and if can get my knife l
will show you am not crazy
A man had hold of his left arm.
think it was Mr.. Goldsmith. He was
some four or FIVE feet from Duff. 1 do
not know which pocket he got his knife
out of. l saw it in his hand. l do not
know which hand he used in taking 1t
out. l saw it in his right hand and it was
open.
Goldsmith said, Charley, let us go
out and get some fresh air. Duff made
some remark, but / do not remember the
the words used. Charley said, If you
say that Pat, I'll cut YOU Goldsmith
says, Come on Charley, let us 60, and
started to pull on his arm. and Charley
made step back towards Duff and made .
a lick with his right hand and struck
Duff. Duff turned to me and Lockwood
and said, he's cut me- l said oh, 1
reckon not. L don't think he could reach
YOU
"He said, Yes he has, and put his
hand in his bosom and pulled it out and
it had blood on the fingers. He said,
Yes he has, look here"
Il said, maybe he hasn't cut you
bad Pat said: 4 don't know how
bad and Mr.. Lockwood pulled open his
shirt and l went and told the porter to
telephone for doctor"
Cross examined: Goldsmith was pull
ing him towards the door and he pulled
the other way. Just as he struck Duff
he pulled back and put out his foot so
as TO reach him. He could not reach him
otherwise"
Was the defendant drunk"
He was very drunk"
Did Mr.. Duff either before or after
the cutting try TO injure him, or did he
seem to be mad?
mo sir. In fact didn't think either
one of them was angry"
IF Duff had wanted to resent the ac-
ton of the defendant, how far would he
have had to walk after he was cut?"
About two steps,"
After defendant struck back did he
make an attempt to do anything ese?"
NO sir, think not j paid no further
attention to him. He went back and
did you pay attention so as to know
what Ledbetter said or did to Goldsmith
after the cuttingY
No sir. my whole attention was turned
to Duff"
Mr.. Calhoun: "From where defendant
was standing was Goldsmith pulling him
towards the door and did he have to
step back to strike Duff"
Eyes sir"
Mr.. Ledbetter, father of the defendant.
testified that his son was a poor man and
unable TO give large bond. He did not
know whether he could give bond at all.
Police Officer Gibson was wanted to
testify in the case, and it was stated
that several efforts had been made to Sc
cure his attendance.
The case will come up this morning
again, but it is doubtful il any more
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