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

= Al told him / had evidence tina
. would put him in jail, but had 70 desir
TO do so on account of his wife ani
; child. Defendant was the coolest MAJ
: | ever talked 20 in my life for a charg
of that sort When he went to writ
his confession he vas a little nervous
but I'D to that time he denied every thinl
with as much sang frOid as was possih,
10 conceive. He never let down at al
until l showed him the packages, de
{ tailed the conversation about il with
the boy who bought the medicine. HI
then acknowledged taking 81. There
never was a moment during this time
| that defendant did not TO my mind fully
appreciate the situation.
| Cross examination.
| have stated all that | remember that
is material. He further stated that de-
PENDANT signed receipt-receipt hereto
attached-With name of w. II. TObin
written al bottom Of same.
! Received from DR.. j. J. TObin the sum
Of So. 30, in full Of account to date
II. V. SCHINTZ
! tod him defendant if he would
make a written confession and pay back
the $40 a. he said he wanted to pay il,
was willing TO pay it and always expected
to pay it, that | would not give him any
trouble, on account Of his wife and child,
but that had no sympathy Cor him
was satisfied with the signing of The con-
fessiOn and receipt TO J. j. rObin and
the promise Of payment of S2j guarau-
teed by j. i. Hume. L would have been
satisfied without Hume's guarantee. |
did not then and do not now expect Hume
to pay the SO, but he would pay it if /
would accept it. My reason for not ac-
cepting the money from Mr.. Hume is that
/ was responsible for getting him into the
matter, he having at first objected to my
bringing defendant before him. Sunday
night, the 18th inst, / asked Mr.. Hume
10 go to the drug store with me and inter
view GefcndIat in regl to this matter
| had informed Hume of the transactions
MIR. Hume objected, but afterwards went,
but when we got there we jGund de-
PENDANT absent. | took the packages to
Mr.. Humes Office on Monday. lie knew
the purpose for which they were taken
here. am not positive, but think Hume
md / went home together Sunday might |
do not know whether we agreed |
that night to see defendant att
Ms Office on Monday morning |
Or not, but am inclined to think |
We did. that agreement was reached that |
hight or Monday morning. Mr.. Hume OBJ |
ected to my taking defendant to his !,
thought it was his duty to hear Il. The
ime Hume objected to was on Sunday
light, and not on Monday. He told me
re had to 90 away and might not be there
saw Marshal Lucy Sunday night.
lad an agreement with Marshll Lucy to
meet Hume and myself and d1fepGant at
.obin's drug store Sunday night, because
wanted him present when defendant
1aie his statement. | did not know at
hat time that Marshal Lucy would have
0 arrest him if he made confession,
nd when | found this out / did not
'ant Marshal Lucy present. / asked
lucy if he would be compelled 10 arrest
efendant if he made confession and
G said he would, and / told him 1 did
OF want him arrested. | expect that is
ne reason Lucy left Hume's Office before
efendant had an opportunity to talk. II
mink 1t was Sunday night that made an
greemcnt with lucy to meet me at
lume's office on Monday. Mr.. Hume
'as not present when this agreement y~.,
lade. | believe l told Hume Of this
grecment, but ann not positive. My rea-
IN for wanting Lucy there was to add S
the weight of the evidence if | had s
re presence of an officer making the
large an the presence of Hume AND {
yself. made this charge against de-
'ndant because he had broken faith with t
and had brought suit against T. +.
-ume for damages, in which suit he /
ade false statements about mo. and
lother thing, he had published TO the /
ORD IN This suit the charges we had /
ade against him. and his confession, but
ld ne was forced to do so, andsthcre was t
1uruher reason, so far as he was con-
rned Tor Keeping it secret. 1t NAV he t
ISSlDje that IT was understood at Uume's
nee that this matter should be kent v
crret-so far as I was concerned. He c
q not promise not to sue Hume CT nv
II. NO promise of that sort was made ID
mentioned. / am paying Mr.. pcndex- o
Tor ms services in this canse Mr.
uihe was present when the arrangement Il
Us concluded between myself and Mr..
ndeXtcr. b
Q-Wlhcn You made this complaint n
'ilhSi defendant, was Mr.. Hume pres
"; WIleh You came to the court house u
III sworc out the complaint? y
A-Alr. Hume was present. =.
Q-'Where did You come from? i
Al came from down town. Il
!-rrom what point down town? n
Al dO not exactly know the pont.
y impression rs THAT | left the drug n
IRE. W
Il-Whcrc did you get with him?
A IN Mr.. PendeNters office. | was -
insulting with Mr.. Pendcxter in regard Il
thlS case. and after had been in there II
me 10 or ID minutes Mr.. Hume came in
a | suppose Hume remained i'm the III
zee probably two or three minutes.
l-Ihcn you proceeded, you and Hume, III
gethcr!
Ave came up to the drug store. ii
You both came to the Justice tOgeth- III
to make complaint?
N-Ycs, sir. d.
l-Whcn did Mr.. Hume get this con-
sion of defendants guilt? tn
III gave it to him probably ) or 10
nuteS after the man made the confess
n, and something like that before
h'ntz left the office.
why did you give this paper to Mr.. be
me? of
\-Wcll, can not say what special rea-
| had for III, but | did give it to
n, but next morning | regained possess he
II of 1.-The paper, and my reason for doing co
was | feared Mr.. Hume would give
back TO him.
What objection did you have to fill no
the paper in this case? sh
l-BccauSe it was my private paper,
! | did not want it in the case. de
Now to come back a little, doctor: sy
% is BlOmeke, is he in your employ wi
mt?
Yes. sir; in the employment of Tobin tw
NJ pr,.lnu and hos bon,, .;,oo tln OStL La