The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-12-03

wife horse and buggy, for the purpose
of giving her means of transportation
so she would not have to use the cars.
Touching on the visit of his wife to the
store on the evening prior to the shoot
ing, he said that nothing out of the or
binary had occurred upon that occasion
That he had given the baby some candy
and his wife had, after talking awhile
driven on home. That on going home
that night she had told him about Ru'
dicil stopping her at the switch. CHE
witness narrated this part of the story
about asking her to meet him, etc, Ms
did the wife, He added that when his
wife told him about the matter that she
had asked him to pay no attention to it
as it would only bring about trouble
That he had been very much Impressed
with what his wife told him, and he did
not know whether to say that he was in
a rage or suffering from pain. He be-
iieved that he cried about it.
On the morning of the shooting he
said that he bad performed his business
transactions as usual, making his daily
round of customers. That he was n fire
policeman and had been in the habit of
carrying his pistol, and that it was the
same one he had shot Rudicil with.
That when he got on the car on this par
,ticular morning he was going out home
tOr IL lOuSe TtpOTl lDhl lliu b'ti
lending to mail for some time and had
continued to forget it. That he heard
he car coming somewhere mp about
smith & Brady's and had gone out in the
street to get on it. That he was looking
back to see what Mr.. Babcock was
lbing, as he was waiting on some GUS
toners on the sidewalk. That as the
var came by he swung himself on, and
going through the car reached down IN
ais pocket, about half way through the
tar to get some money to pay his fare
with. Just then he happened to look
up and seeing Jess Rudicil turning and
looking at him and dropping his right
hand off the brake handle to his side he
quickly pulled his hand out of his pants
pocket and getting his pistol out opened
fire on Rudicil. That he never raw
anything very clearly after the first shot
and lie thought that the smoke must
have gotten in his eye; but he does re-
member that when he went out on the
platform after emptying his pistol, Rudi-
ril was sitting on the steps, but as to
whether he fell off or jumped off he
couldn't say. That he had stopped the
ear, or at least slowed it down, by turn
ing off the current and applying the
brakes and stepped off, when he was ar
rested.
lie went on to say that jim Swansy
Ind warned him about the Rudicil boys,
saying that they were all bad eggs.
On the cross-examination, the wit
ness said that he did not mean to say that
he had killed Rudicil in self-defense, nor
did he mean to say that the fact that
Rudici dropped his hand to his side
caused him Cooper to kill him. That
while it was not the reason he shot. 1t
was one of the causes. He testified that
tHn ubnntipu ppaurrnb charity hnfDrn I'D
o'clock and that he presumed that the
ears had been in operation since about
$50 that morning; but that he had not
seen Rudicil that morning, though he
had seen him several times since his re-
turn from Yoakum. That he did not
think about looking for. the cars that
morning nor listening FOR them either, AS
he was busy about his business in the
store.
In reply to the question ne said that
he did not carry the anonymous letter
to Mrs. Emerson and asked her about |
the matter. 81 told her that / had re-
ceived an anonymous letter and asked
her if she had seen any street car men
at my house. She then told me about |
Rudicil's visit. No, she did not say |
anything about my wife throwing kisses |
at Rudicil; nor did | say l would kill
him, nor did she demonstrate with me
not to do it, Neither did she tell me that |
it was not the boys fault, but my wife's |
fault. She did tell me, however, that |,
my wife was not treating me right and |
didn't act like she was loving me. That |
| ought to get my sister to come and |
keep house for me. No. she never spoke |
to me about the matter before. l never
told her i was going to Yoakum to ask |
my wife about the matter if she didn't |
tell me first. | never asked my wife;
she told me. | don't care what my |
wife said; that doesn't change my state
ment that she told me about the matter
first. Swanzy told me about the Rudicil
threat the morning of the shooting If
you understood any other date you must
have misunderstood me, for | said 1t
was the morning of the shooting. |
don't remember how the conversation
came up. but | told Swanzy that if |
came upon this fellow | intended giving
him a thrashing. Swanzy told ME not
to fool with that fellow as he would
shoot me full of holes. On the car
Rudicil dropped his hand. | did not
see the man after the first shot l shot
very one of the loads in my revolver be-
fore | walked out on the platform. Yes,
know it as n positive fact that | shot
very one of the loads in my pistol be-
ore | went out on the platform. | can't
'cmcmbcr whether | changed the level of
ny pistol or not | remember stepping
tut on the platform and turning off the
,urrent and applying the brake. did
lot say ! stopped the car. | said that |
urned the current off. | might not
nave turned it entirely off. | applied
he brake. and when the car slowed up
stepped off ana was arrested. No; in
I'll this matter | did not think that my
wire was in the wrong"
This concluded the examination of the
witness and the hour of noon adjourn
nent having arrived, the court adjourned
or dinner until . p. m.
AFTERNOON SESSION.
The first witness was Mr.. Page Nc
Dannell. He had lived in Austin since
1872 and had known defendant twelve or