The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-01-28
THE TESTIMONY ALL IN AND
THE ARGUMENTS ARE BEING
SUBMITTED.
DEFENDANT BARTHELOW TESTIFIED.
Said He Killed Alec While an Officer in
the Discharge of His Duty-Thought
Alec Was Reaching for
Gun.

the ueIenuant was put on tne staHu anu
testified in substance as follows:
II was born in Brownsville. l am 40
years of age. l have passed my life on
the frontier and in southwest Texas. l
have been an officer for the past twenty
FIVE years. l am the city marshal of La
redo. l had my office in the police
headquarters in Laredo at the city hall
on August 10, 1896. My physical condi-
ton at that time was bad; l have been
in bad health for some time. N. Adair
is assistant marshal. 1 knew Alec.
first saw him when he was taken to San
Antonio in special car after the killing
of Bowen. He was pointed out to me. /
met him in 1895. came from San An
tonic with him. The next time saw him
he asked ME to help with some cattle.
The next time l saw him l arrested him.
Mr.. Shelley asked me to help arrest
Alec as he was a dangerous man. We
went to the depot. Mr.. Shelley read the
warrant to him. Before Mr.. Shelley
read the warrant to Alec he told him If
he would give his word to stay in town
he would not arrest him. searched him
Immediately as l knew he was danger
GUS man. We left Alec at the county
jail. l went because Shelley called on
me for assistance to arrest Alec. The
next time l saw Alec was when l ar
rested him outside the bank, when he
hit man named Studebaker Ross. l
saw him hit Ross. l saw Alec make a
move as if to draw a pistol. Ross ran
into the drug store for protection. Alec
stopped and picked up II bundle of base
ball bats. l was behind him ana took
them away from him. l told him if he
would give his word to appear before the
recorder next morning / would not arrest
him. He gave his word. He appeared
the next morning and was discharged.
/ saw him after he came from San An
tonic. l think saw him with Mr.. Tug
giles. He appeared to be intoxicated.
The next time l saw him he was in
Chas. Ross saloon singing and drinking
with George Richards. lie was not
boistrous. Mr. Pierce tod me to look out
killing, the bartender at Chas. Moser's
saloon told me Alec had pulled a pistol
on him two or three times, showed it up
his belly and threatened to shoot it off.
Magnon was there, Blakely and the bar
tender. The bartender asked me for pro-
lection. Mr.. Ellis told me to look out for
Alec. Blakely told me that Alec had
said the night previous that he was going
to do up two $ of b-s, Joe Barthe-
low and Wash Shelley. He told me Alec
was armed and to look out for him.
When Geo. Richards came to my office
/ think Mr.. Pierce was there. He said !:
Don't you go about Alec, for he will kill
YOU. He looked as if he had had two
or three drinks in him. Saft also told
me of the statements Alec had made to
the effect that he wished he had taken
Mr.. Shelley and myself on the road and
done us up. l went to see Mr. Sulnon
when he sent for me. He appeared to
be excited. He said: Look at the dents
in my counter where he has been beating
with pistol, and l want protection, MIR.
Marshall When l left Sulnon he said
Look out for him; he is armed When
| left Sulnon l went to Market plaza,
where | thought / might find Alice and
arrest him for carrying pistol. L took
the street west of the market house. On
the way | met Policeman Mareno, who
was on that beat, and told him to keep
out of the way. l did not wish to hui
initiate Alec | went to Reiwalds So
loon. O'Donnel was sitting in the door
and Alec was sitting in chair on the
inside | spoke to and shook hands with
O'Donnell; then l spoke to Alec and SAID:
Hello, old man. He spoke to me and eX-
tended his right hand. He was on my
left behind the door. l took hold OF his
right hand with my left l spoke to him
and said wanted to see him. He asked
what for. l said 4 want to arrest YOU
When l said that. Alec pulled his hand
away from me and said, in an angry tone:
Look here He arose suddenly and put
his hand behind him. 1t was his right
hand. | thought he was going to draw
a weapon. l stepped up on the door sill.
| had my pistol under my vest, and my
dagger in my hip pocket. When he arose
| thought it was either he or /, because
/ thought from his reputation he was
dangerous man and would comply with
the threats he made against me. MIR.
Sulnon told me he was armed, and when
advanced l pulled my dagger, leaving
the scabbard in my pocket. struck him
with the weapon, and continued striking
him until thought l was out of danger.
/ don't know whether he caught hold of
me- A special policeman came in about
the time Alec was falling and said to me:
You have cut me- Then ! missed my
pistol. Tuggle said he had a pistol there,
and handed it to me. l then saw O'Don-
nell step into the door, with a pistol in
front OF MIN. L interpreted MS move
ments as hostile. l don't remember what
said to him. l did not expect, when he
went there, that anything would happen.
l always carried dagger when in the
country, and also carried one in town.
This one l put in my pocket because it
was light one. had it when was with
Mr.. Mackey. My experience since being
an officer is that man has but little show
in a crowd with pistol alone. l did not
use any profane language. When / came
up to Alec my pistol was under my vest
and my dagger in my pocket. am not |
of what have done. If l ever |
did have any difficulties they were in the
discharge of my duty as an officer. did |
not expect trouble from Alec. His right |
hand was behind him when advanced |
on him so quick. had known ALE to
have had serious trouble, which resulted |
in murder. I have heard of his killing |
Officer Rhodes. / know that Alec killed |
three or four men. l have killed three |
or four men. know he was tried and ac-
quilted. The men killed were men who
we're violating the law and / was an Off
GER in the discharge of my duty. This is
the first time / was indicted for killing a
man. All the other cases were examined
by a grand jury and no indictment found"
The defense rested.
Amador Sanchez. witness for the
state, testified: