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

SENSATIONAL TESTIMONY
TAKES IL JUSTICE ID ". JOHN
SONS COURT
IN THE CASE OF THE STATE VS.
Nv. SCHINTZ,
Who Was Arraigncd Recently al the In
stance of DR. W. III. TObin for Steal
ing One Dollar From TObin's
Drug Store.

Justice JohnsOn's court in the care Of III
State of Texas "a II. V. Sclintz, whic
has attracted considerable attention, il
asmuch as the defendant was arraigne
at the instance Of DIR. w. IL TObin on tn
charge Of stealing 81 from the drug stor
of J. j. TObin. The ease will pr0babl
be argued this morning and Justice John
son win hand down his decision at tn
close Of the arguments The testimony
which Is most Interesting reading, is q
follows:
Testimony taken IN the examining tra
Of H. V. SchiDtz before VI. VI. JohnIsDn
j. T., on the Bird day Of August, 1893.
w. ii. TObin, sworn, testified as follows:
know defendant. ! was employed by j.
u. Hume on the 18th day Of July, 1893
as clerk in the store Of j. J. TObin. Act
ing on information, / employed dctec.
tive 10 watch the actions Of the defend.
ant. On the 9th day Of July told John
BlOTnekc that ! was satisfied II. " SchntZ
was robbing the drug store and asked his
assistance. ] gave John BlOmckc $3.50
and told him 10 get three different kinds Of
medicine from the defendant, who was 10
be on duty Sunday morning at the TObn
drug store. One bottle Of DR.. Flowers
blood purifier, one large bottle Of s. S. s.,
known as Swiffs Specific, and one large
size of Ponds Extract, and told him the
prices were marked on the bottles, and
gave him the amount Of money 10 pay for
them, $3.50 told Blomcke 10 pass him
self off as a young man from the country
and tell the defendant he was buying the
medicine for widow woman and that he
was in hurry to catch the morning
train, and 10 make defendant give him a
bill Of the medicine 10 show what he paid
for them. Some time during the day
Sunday BlOmeke reported at my house
ind brought n package that Jim did not
tpen, and gave me S1.2j and offered to
bay 81 for one Of the bottles that he had
broken. told him | cared nothing about
the broken bottle, but for him to leave
the broken package and the two bottles at
Ine store OF Tobin d MOreand. Blomeke
Extract, but got a 30 cent bottle which
MADE the difference in the money given him
ana the amount Of the bill, 50 that he re-
turned me the $1.25. | did not open the
packages at my house. When / went to
the drug store / examined the packages | |
nag marked, and found that the large
Dottle o. Ponds Extract that ! had ex-
pccted Blomekc to get had not been taken, |
alhd was surprised to find 1t had not been
taken. ! instructed Mr.. Bell TO count the |
cash ca, and tickets in the drawer as soon as
1 ne arrived at the store in the morning
think ~ we on s9 omS q morning early,
representing re-, merchandise 1926. Some
time during the day | told all the clerks
lhat mr. Hume required that each item
snouid D9 Speclhed on The ticket. ! after
Mlr1 cnlled Mr.; Sclgntz and as | called
nun ne answered me From where he was at
me soda fountain, and about that time u
coda Tpnni "a "a II
tol1 MN TO wait on the customer. ] then
WI, e over 10 me soda waiter stand and
Ioid helehdaht 10 give me glass of vichy,
auiIu ne rcmarkcd: What was il You want
~, doctor! then todd him what
MT Hume required about itcmiz-
ing Dlis wllln goods were sold
TIC mamdcd me the yichy after
me telling him that, md when / got
through drinking it | said TO him: "Mr.
Schintz, you put in ticket for 1926,
marked ns merchandizc," and ! said to
MN, Il suppose you recollect what those
hrtlcles WereF lie says, "Oh, yes; III ,
sct the tlcket ana change 1t" and he pro
cecded 10 pake the ticket off the list and ,
to make a new slip and item
zed the blll; The ticket as itemized and
hereto attacheh with the signature of w.
W. ii. Tobln,
=, 1-2S-0J.
IL
;. y. y. ................... / Is :
fohds Extract ....,.......... 30
---
So %
WIN. II. TOBIN.
After that, finding that the :
articles sold came to S3.2J, as shown by !
iii, / went over to the store of Tobin & '
loreland and opened the packages that '
3lomeke had given me, as having sheen L
fought from one Schndz, and found one
,,ottle of y. ). :. marked Sl.7j, one bot g
10 Ponds Extract marked 80 cents. !
hen opened the package that had been j
roken and found the wrapper and car $
Don, being the outside wrapper of n bot a
le OF Flowers blood purifier, marked 81 $
n each side in plain figures The follow. a
lg day, about or . o'clock u. M. | told
IT. Schlntz mat Mr.. Hume wanted to see