The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-03-12
ilNDED WITHOUT BAIL.
/ Foster Restrained OF His Lib.
erty Pending Trial.
HEARING CLOSED YESTERDAY
,imony Of the Defense as Given
Court-RecOrdcr Itailcy Would
Not Allow bond.

NJ IL preliminary hearing OF Fred Eos.
al charged with the killing OF George
IN ID. March 6. closed at noon yesterday ID
s. Fifty court and Recorder Railey remand
4 DO defendant to Jail without the beneh'
= llail
y 10 herring was resumed at o'clock
4 srday morning Judge Lock Mcdaniel
u .saring for the defense and City AtIor-
Stewart for the state. The examina
OF witnesses was tedious and SLOW. es-
5SI ally that Of Mrs. Layton, VINO besitat.d
he questions asked her.
II 40 following IL the testimony;
r.. Sarah Layton was the first witness
IA the defense, The klllAS of George
Y III occurred at the residence of witness.
y 25l7 Harrisburg road. Witness hai
.sla acquainted with deceased about five
rs. She had been In Houston about
Nis years. Patch roomed at her house
lT{n In Houston. DINER persons rooInci
I, the house from tinc to tine. Patch
s5 been gone seven weeks previous 10
~ killing. which occurred Saturday. lie
Earned to the house Friday about 6.a0
Y )ck p. nj. lie was accompanied by Il
gldayer named Barry. Later In the
sat kecfc ana Fox came to the house and
aimed during the night. Witness said
had been known In the noighborhood as
II. Patch. She had never been married
him. MIR. Patch had said he had q
-, When witness first met Patch the
titr's wife was In Denver. Witness does
Il know where the wife is now and has
u known for two wears. witness was
Ia Is,.nnltlt, gia,.t4.aI
the city. She had moved during the
ancc of Patch. Foster had roomcd at
residence OF witness for eight or ten
lks. He had rOomcd there before Patch
1T to Mexico Witness had couVcrsa-
4 with patch the night he returned. 1t
- understood between Patch and wit
Is that Patch was to leave the house
70 talked the matter over she testified.
I'd agreed to separate. He was drink
Z. and suggested that we wait until
rning. He said he objected to Foster
lg at the house. lie said he would tell
3ter to leave aud aaid II Foster crossed
I path he would kin him. In the morn
+ no WAS In the same frame VI mind and
a he would lay him out 'osterl II hu
I'D. Patch left the house saturday
rning and returned with q quantity OF
isky. and then slept FOR about an tour.
ommunlcatcd to Foster what Patch Ind
d about killing him Patch left the |
Use about II 30 II. IN. and said he would /
away aud leave me The next ! heard |
IN MIR, Patch wax through MIR Paul, a
pnd hand man. who camo and said Mr. |
oh had sent him to bus the furniture. |
sked Mr.. Foster 20 stay AT tho house. as |
vas alone and | was afraid thnrc would |
trouble. Patch was drinking AMI | /
ntel some one to protect me. Foster |
4 he hHd better 30 down with the bows.
Foster Is railroad man. Mr., Foster
NAMED at the house At my request.
ring the morning Kccfo aud Fox were
ut the house. Kecfc was talking Ia me
said that II 'e WAS In Mr. rntch's placa
would use that on ms both. and h, cX-
Tied razor when Patch returned 10
house about . o'clock. he was accom-
Ned hy Fox, kcefc and dealer In
cnd har/ furniture. Patch told the
Ter TO look over the stun and say what
was worth. objected. saying the FUR
hro belonged To me Foster had a room
the house. which bad been paid for
ch went Into Fosters room Foster
: In there, went IN the room with
oh, He told MIR Foster 10 leave the
m. Foster rcpllcd that he hal paid for
room. Patch said he AID not caro- any.
~ about that to pick M his duds and
out Foster sail ho did not care 10
% trnnhle and would leave. Fox and
'tH came IN the room nnd also ordered
ter 90 leave the house and said that IL
aii not ne would get the wors, of A.
Fox and kee'e 80 20 out ns they had
hing 20 do with Il Gnv loft the room.
kcefc remained. Foster lcit aud Patch
cd him to ger hin clothcs Foster said
would come back Patch told him he
III not come back Foster was outside
RI raised hs finger at Foster and
ell Foster name. As he dii so no
Nv his hand back to his hip rocket.
ter was standing an the stcps Patch
standing NJ the door Whom Patch
cd his finger at lostcr he said .'You
son Of a ----.' aud at that time Patch
Nv his hand back to HIS hip uocktt.
On had Oh coat while he was about
house observed in his hin pocket.
re he always carried gun. tho same
lch undcr HIS coat as there was when
iad previously had a gun in his pocket.
IN always carried a pistol. Foster and
~ were facing each other when Foster
on the steps. Whom Patch applied the
mel | stopped In front OF him. bat Kecfc
led me out Of the way. heard the
.. hut did not see the shooting. len
house when heard the shouting and
Mr. krcie thore. have seen Patch
or the Influence of liquor At those
IS he has been very quarrelsomo, When
Mas drinking aud would come home he
Id always put gun In his pocket.
re- was very little difference In the
OF Foster and Patch"
by city Attorney Stew
Mrs, Layton, during the five years
you have known George Patch. ala
not live together as man and Wifo9
ldso Mcpaniel--l object to that and
to notify the lady that she can not
creed 70 answer question that will in
way incriminatc her.
" Attorney Stewart argued that judge
'aniel had brought the question out In
RI examination.
10 court held that the question was ad-
ihlc
ty Attorney Stewart YOU were known
hrs, Patch. were you not?
itness Yes. sir
~ Attorney Stewart-Wore YOU not in
EHA N ryyn. N a