The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-02-07
THE DUFF KILLING.
THE TESTIMONY AS DEVELOPED
ON THE EXAMINING TRIAL.
Police Officer Gibson On Whose Beat
Duff Was Killed Was Wanted, But
Failed to Appear.

| the iuqueSt lrlul over the Killing Oh Oun
was resumed yesterday moring befor.
Justice Mat johnson.
George Lockwood sworn testified
Il was in the saloon when Duff was kill
en-. was playing dominees when the
defendant came in. l was playing with
John Cooper, Pat Duff and Tom Cum
mings. We were playing game, and the
defendant came in, staggered and fell
down on his face and some one came in
and picked him up. Tom Cummings re.
marked, Charley is drunken than l ever
saw him. l never did see him so drunk.
said l never did see him so drunk be-
fore. His friend and himself then
walked out into the front part of the
saloon. In few minutes Charley came
back and sat down by a table to the rear
OF us. He started to vomit and Mr..
goldsmith took him by the arm and said,
let's go out side and get some air."
While they were outside we finished our
game of dominoes and all four of us who
mad been playing started back to the
water closet, and when we got to the
corner of billiard table the defendant
came in, either at the back or side door,
can not say which, and grabbed Tom
Cummings by the arm. Cummings ex-
claimed, Hello Charleyp When Charley
grabbed him, Cummings grabbed him also
and was pushing him back. They played
then for about minute and seemed TO
be trying to throw each other down and
finally Cummings threw Charley down
on the floor. While he was underneath
Tom, Charley got mad and Tom let him
up. l know he was mad because 1 saw
his face, and l remarked, Charley I
wouldn't get mad, its all in fun. After
he let Charley up, defendant backed
over towards the domino table. In that
time Pat Duff spoke up and said
Charley, you're a fool Charley said. if
! can get my knife out I'll show you
whether am fool, and as he said that
Goldsmith grabbed him by the wrist and
arm. He was standing on the left of the
DEFENDANT. AS he grabbed him the de-
PENDANT ran his left hand into his pocket
ana drew out his knife and opened it
de made two attempts to open it. Gold
smith still had hold of him. He seemed
TO be kinder bothered about getting I'M
the knife because Goldsmith had him nv
the hand. He opened the knife with
his right hand. He opened it at the
second attempt"
10 the court: He pulled the knife out
with his left hand and opened it with
his right" - WI"
HE then passed the knife to the right
hand, the blade down. All this didn't
last over half minute. and il was Alto,
Duif called him fool. He stood there
and | said. Charley, put up that knife
THINK Cummings said words TO the
same effect Pat Duff said: Charley
you are crazy We were not expecting
the man to use the knife. If we had
we would have made preparations to de-
Iend ourselves, as we didn't know who
was going to be cut. Pat Duff was off
about four feet to his right"
Witness then explained just how the
crowd was standing.
Cummings" he said. twas in front
about 10 feet from Ledbetter. in front
a little to the right Myself was immedi-
ately in front of Ledbetter, and Cooper
was to my right about 10 feet from Led
better on his left. Goldsmith still had
hold of Ledbetters left arm. When Pat
Dun called Ledbetter crazy, Charley
sad: I'm not crazy. I'll cut you, Pat
Duff and as he said so, he stepped his
right foot forward and struck him"
After Pat was struck it made me
kinder faint, and Pat walked toward me
and said: George, that fellow has cut
me- and he opened his BOSOM | also
helped him to open it as he didn't quite
get it open. He rubbed his fingers over
the wound and it had little blood Oh it.
The wound was not bleeding much. He
then turned pale. / never saw man
turn so white before, and he sank down
in Il chair which was near him."
Johnny Cooper was with me all the
time when | was looking at Duff. and
think he said, Let's go outside think
| remarked, they will have us for u wit |
ness sure We went out and l thought
! would 90 for a doctor / did not see
Ledbctter arrested. I went back after
wards and saw Duff lying on a billiard
table. Mr.. Davis in the meantime had
arrested Ledbetter and brought him out
of the front door of the saloon. Some one
told me Duff was dead and / went back
in there. Mr.. Davis took Ledbetter out
of the front door of the saloon"
Cross examined: Gust before Char
ley cut him Duff said: Charley, you
are crazy
WAS he looking at Charley"
"He was looking toward the front of
the saloon. / don't know whether he was
looking at Charley or not. He rather
looked down. Charley said: I'm not
crazy, I'll cut you, Pat Duff After
the cutting | directed my attention to
the wounded man and not to the defend |
ant and I don't know what he said or
lid"
What was the distance from where |
The defendant and Mr.. Duff stood to the |
front door,"
about 80 feet Charley was closer
10 the door than Duff, who was stand |
ng against Il billiard table. From him |
to the door was all of 80 feet"
What did you say Mr.. Duff did after |
ne was cutY'
"IIe walked towards me. He drew his |
hands out of his pockets and was open
ng his coat, vest and shirt, and | COM
Deted opening his shirt when he reached |
me- 1t was at the time he remarked, |
George that fellow has cut me- / was |
he last man he spoke to-"
How far did he walkW
'About between 10 and IS feet"
WAS it mt that point he sat down in |
HE chairY'
eyes, sir, and his head fell on his breast |
and he turned white"
WAS Mr.. Duff drunk or sober?"
Gle wasn't drunk when he went in |
there. He drank two or three glasses of |
beer while playing dominos. | don't think
he was drunk"
"AbOut what age was he?'
81 have known him 10 or u years. and |
guess he was 30 or 40 years of age"
"AbOut what weight?'
"About 40 pounds"
"Was defendant drunk at that time?"
, eyes. sir; he was pretty drunk. Too
Trunk to have any sense, and had he been
m tlp gtrpptg in Some towns he would