The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-06-19
THE FRED FOSTER CASE.
The State Introduces Some Tcs-
timony
Some Tcs-
IN THE IlABEAS CORPUS PROCEEDINGS
Wherein Foster Is Seeking tn Sc.
cure Hnii-Tcstimony of some of
the Eycwitnesscs.


The habeas corpus hearing OF Fred tos-
ter. charged with the killing of George
pn,o, ,,,1, re,,,,,,,d ,,c.,,oraa,, Il, ,he Grim.
""s '.s'," ~ -.
MAJ court the following tesliuoh! oelhs
introduced by the State.
James Fox. a friend of the deceased, testi-
3D., :. -. -, -, 49,. shoo,ir, ue
''N' ~ 'S'"N '' WY
was also with fatch wheh ne requested
second hand furniture dealer to come up to
tho hnus, and take his furniture. They
49,, 10. n,,,.,,, a,,,o,t, p,,,h
nv ~" w '''0
said he was going to sell the furniture MIS-
Patch said that the sewing machine and oil
stove belonged to her heard Patch order
tostcr to leave the house and take his
things with him and not 70 cemo back any
more Till he Patch) left Patch was stand
INK with his right hand up against the gal
lory post and the left hand pointing at Eos
ter. lie said TO Foster, You are a.
when Foster shct him. He never put his
hand behind MIN as though 10 draw a pis-
toll Patch was not drunk. He had both
hands up when shot one against the gal
'ery most. tho Other pointing AT Foster
Nv the defense-F Foster was standing at
The bottom OF the gallery steps. The post
against which Patch had his hand when
hot was about eight feet from the door.
Witness was standing on the gallery. The
witness here drew a diagram showing
where the shooting occurred and the posi-
ton of the parties. Witness had been to
Mexico with Patch and came back win
him. Patch wrote and used his trowel
with his right hand and shot a shotgun
from the right shoulder. Witness never
saw Patch use his left hand. Ii was about
D. m. when Patch ordered Foster TO leave.
heard Foster tell Patch he had his room
rent paid ami that he had his clothes there.
Patch told him he must take his clothes
with him Foster said he would send or
come back for them Patch said no must
take them now. Foster fired TWO shots he
fore Patch coula get away. though he
started 10 run. He fen into Kelth's arms.
Keith helped Patch back TO the rear of the
house Witness always regarded Mrs, Law
ton as Patch's wife. she went nv his
name The two shots were fired in Quick
succession When Patch saw the plstol he
started TO run. Witness run himself as soon
as he saw the pistol Witness could NOT
saw whethe: Patch was shoi in the front or
back
BY the prosucution-patch did not have
any pistol on him and ala M, USUALLY carry
one
r II Keith had known Patch two
years Witness was with Patch In Next
co. Had worked with Patch in every tob
he had for wear. He was a right handed
man Witness never saw him usn his left
hand Patch had pistol given him about
a year before the killing. but Mrs. Patch
said she had pawned il "When we got
back to Houston Mrs patch told me she
was going 10 leave George" Patch had
decided TO sell the furniture. He took a
second hand furniture dealer to the house.
1t was then that he told Foster he had to
leave the house. He corroborated the ties
timonv of Fox as to how the shooting oc-
CURED The fibre NJ patch's coat was
;erod tho hack
nv tbo defense-Wi,ncss saw the wound
In the front of Patcb's body, Did not see
the wound in The back except in the coat
Tho wound in Patch's breast was not a
ragged one. Witness was quito positive
that patch was mot /, left-hauded man.
Witness had been to Mrs. patch's house