The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-03-04
The ROW OVER A GAME o. CARDS
,,,,son # Is Alleged, Assaulted Ben
p,u,ins in His Saloon, and the
Latter Fired the Deadly Shot !
to Save Himself. !

no had been forced to snoo, anu h"u N''."
Frank johnson, a negro.
Raulins was placed under arrest anu
.,,.nod ovor 70 the county officers, and
last afternoon he had preliminary hear
ing before Justice johnson.
Howard Brown, colored, testined lie
was nresent when Frank Johnson was
shot at Ben Raulins' saloon, near the
Montouolis bridge. Deceased and Johh
Miller were at the saloon when got
there. | got drink of beer. Mr.. kauiins
and Johnson were playing cards in the
saloon, and l think johnson was the
loser. They played on for some time'
and I think johnson got ahead, and then
Raulins began quarreling about the game.
Johnson claimed that Raulins owed MN
dollar. and Raulns claimed he only
owed so cents, and the lie was passed
between them. l was kinder in between
them. and said: Boys, don't have any
fuss" About this time l saw the gun
come up cooked, and l got back 10 ptel
key. and before l could say, W0rd, tne
gun fired. 1t was fired by kauiins;
johnson came to me after the shot an,r
put his hand on my sEcuider ana saiu:
Howard. I'm dead bird" l SAID you
are not hit. and he said "Yes, l am; am
fxed for true: he hit me just below the
heart" took him by the arm and led
him onto the gallery. As soon as we
stepped to the ground johnson sat down
and asked me for some water. Some one
sot water for him and he drank it, and
asked me TO help him up, and L dld SO.
He then laid down ana again asked Tor
wafer, and when it was brought l offered
il 10 him. but he could not drink. L told
him 10 keep quiet until the doctor got
there, He was turning about great
deal, and he said, I'll try to keep STILL,
and as soon as he became still he died
In about second. At the time Johnson
was shot Mr.. Raulins was behind the bar.
Cross-examined witness said. he was
sober. | don't know who got there hrst
after the shooting, nor do l know VINO
brought the water to johnson after ne
was shot. l was standing up against
the bar. and if Raulins called for his
wife didn't hear him. His dwelling, is
in the same ward with the saloon, and l
think they are about thirty feet apart.
! think johnson had his hands down by
his side when he was shot. l saw moth
ing in his hands.
]. D. Randolph testified: 81 know the
witness Howard Brown. | saw him at
the scene of the shooting shortly after it
occurred. and in my opinion he was drunk
at the time | took him to be drunk from
the smell of his breath and actions as he
staggered some. He could understand
what was said to him. but was slow about
executing. johnson had not expired when
| got TO him. saw Raulins and Brown
standing in a lot MRS. Raulins and her
cook were on the gallery of the dwelling.
| heard Raulins say to Howard Brown,
you know you saw that knife" Brown
sorter shook his head. walked away. and
said 1 don't know. took water to John
son one time, but he did not drink it,
Defendant Raulins, in his own behalf,
testified: johnson came to my saloon and
proposed to shake dice. At that time
Johnny Miller and Harold Brown were.
present. beat him shaking dice, and
he paid for the drinks. He then proposed
to play cards. saying he could beat me-.
We played about three games, and took
drink on each game. After we took the
last drink he stood up and talked to How
ard Brown for a little while. and then
claimed | owed the drinks again, and !
replied that had treated all that he was
entitled to. He said: 1T is no such n
ID thing, and any man who says we
drank them is a Cd id liar How
ara Brown then approached him and told
MN and me that if we would leave it to
MN to decide he would decide it right.
| sad L was willing, but johnson said
mat would not satisfy him. He became
very angry and jerked out his knife and
opened It; He then showed Brown aside
and told him to stand back; that he Gov
eIe n an the ground he was on. Howard
sun tried TO talk to him, but he kept on
advancing ON me with his knife. | was.
about in the center of the bar. and went
towards the ice box to get out of his Way.
ne crowded me there, and turned and
went the other way. l then saw there
was no others means of getting rid of
MN, and | got my siXshOoter from under
the counter, and told him not to come
any closer. He replied BY Cd. Pm
| coming | halloed six or seven times
Tor my wife. l wanted her to come to NV
assistance. johnson continued to an
Proach me, knife in hand, and I told him
could back no further. He said he was
coming, and !! then fred one shot at him
| told MIN six or seven times to stand
pack, pe1ore l hred. l came to town and
surrendered to Officer Grizzard. 7 shot
him because he had his knife drawn and and
was approaching me-" - INV
| Cross-examined he said: 81 nI.ved
three games of cards with Johnson Wo
were playing for the drinks and 10 centS
game on the side. He beat me ali
three games and won S1.5O. The fuss
| Gld not arise about the money. bnt tho
drnks. We had no fuss at the table
Whlle playing. After the last game
went back to the bar. The bar ia NOT
over fourteen inches wide. 7 did NOT
come out from behind the bar until flor
the shooting. All the time of the mar
rel, johnson was trying to emf mo Wban
got as far as the ice box could not
20 any further. l grabbed nv nistoi
ana johnson with his knife was still mr.
SUNG me. l hallooed to him TO stav
pack and not come any closer. and told
MN could not go any further. I took
ann at his body and fired. and he told
u me 10 let 1t come, as he had famed that
i klnd OF smoke out of his way. He said
i before l fired. johnson had the
knlle shown by Judge johnson in his
iand when / last saw it."
haulins said he and johnson had had
.Ioupie once before, but that If was
snUotned over and that he had no in
1e9ilns or grudge against him. whatever.
Justice johnson, after hearing the ev-
iuence hxed the bond at S25OO and it
was promptly given. '' "AU ~
Jusuce johnson held the inquest and
Iouhd that the bullet had entered Jobn-
son son Just below the heart and it is nos
siole 1t struck it. The knife he fond
closed and in the right pocket of the dead
man 1t is an ordinary pocket knife.
ana was recognized nv Mr. Pon,;ns ~,