The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-12-23
wero ot tbe stable talking to Mr.. Ran.

were at the stable talking to Mr.. Ran
kin the Thursday before the killing.
This closed the cvideI"e for the state.
The first witness called by the de-
Tense was Attorney G. w. Allen. who
testified he had often heard Rankin,
character discussed. md always I'M
favorably. He had heard quite large
number of persons discuss Rankin's
reputation and they gave him reputa-
ton as violent and dangerous man.
About four years ago Mr.. Rankin had
assaulted witness from behind, striking
him over the head. At that time Mr.
Rankin let a pistol fall to the sidewalk.
Attorney II. W. Gregory testified that
from general reputation Mr.. Rankin was
violent and dangerous man.
A. ID. Edgar testified that some days
before the killing while Rankin was driv-
ing up Sixth street he noticed he was
carrying large revolver. He was posi-
tive of this.
John Allen testified that during the
past year he had often seen Rankin
armed. On the day of the killing wit
ness was standing on the sidewalk in
front of Charlie COrtissoz' talking to
Charlie Wells, his brother-n-law. He
looked across the Avenue and saw Ran
kin and Grizzard. Rankin" he said,
twas going south and Grizzard north,
stopped and Rankin stepped back a foot
or two and Grizzard stepped back. Ran
kin threw back his hand on his hip as
if going to draw a pistol and Grizza-'d
shot At the first shot Rankin whirled
around to the right with his left side
towards Grizzard. -Four shots were
fired He saw Kennerly when he ran
up to Grizzard, but did not see pistol
drop.
had been policeman about eleven years,
and TO questions said: II know where
Mr.. Rankin's stable is. Mr. Grizzard
and myself were not in his stable the
Friday before the killing, nor were we
there on the Thursday before. About
ten days or two weeks before the killing
Mr.. Grizzard and myself were IN the
stable"
On the day of the killing and when the
shooting commenced witness said he
was in front of the Iron Front saloon.
He heard Frank Kahn and Mr.. Mathews
discussing something about soda water
and he thought they were quarrelng and
went in TO see. They were not, and he
started out, and when he reached the
door he heard a shot. He ran out to the
edge of the sidewalk and saw Grizzard
shooting. He started across the Avenue
and halloOed to jim, ''for God sake. don't
do that" AS he ran across the Avenue
a buggy crossed his path. throwing him
n little IN the Avenue. When he reached
the sidewalk he ran to Grizzard and
ierked him around. He had but one PTS
tol. When he jerked Grizzard around
and started off with him Grizzard said:
cd d-n you, turn me loose; l want
my gun"
On cross-cxamination witness was
closely questioned by District Attorney
Burlcson He said to question that he
and Grizzard had taken drink at the
Driskill bar with Mr.. Joe Schapiro Il
short time before the killing.
Wasn't it about fifteen minutes be-
fore the killing?'
Il hardly think it was. 1t was much
longer than that before the killing
Did you see Grizzard go to the water
closet?"
Eyes, sir. I think he went to the
water closet"
did he not come out of there with
pistol and some cartridges in his hands?'
'NO. sir
Witness explained that they took their
drinks, left the saloon and went up to
the Avenue. This was some little time
before the killing.
Witness was asked if he had ever told
living being in all the world that Griz-
card had said to him, Cd d-n you,
turn me loose. | want to get my gun"
He said he never had.
This is the first time you ever told it,
is it,
Eyes, sir"
The attention of witness was directed
to an interview with Mr. Grizzard print
ed in The Statesman the morning after
the killing, in which Mr.. Grizzard had
stated the pistol found near Rankin was
Rankin's, and not his. Witness did not
remember what the interview gave, but
he was sure Mr.. Grizzard said to him the
words he had given.
Officer Gibson testified to having seen
Mr.. Rankin with a pistol some time last
summer. He was under the impression
that Mr.. Rankin had permission to carry
arms.
This closed the testimony for the day,
and after sentencing Burt, court adj
journed until this morning, when the
habeas corpus proceedings will be re-
sumed.