Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1897-10-28
NOT BAILABLE.
JOSEPH W. SWAMI WILL REMAIN IN
JAIL TO AWAIT THE ACTION
OF THE GRAND JURY.
Only two Witnesses Testified at the Ex-
aiming T.ial Wednesday--The
Defence introduced no Testi-
mony.

killing Jas. H. Foster near Chap
pell Hill, on the morning of Oct
9th, was given a preliminary
hearing before Justice W. r.
Ewing Wednesday afternoon,
which resulted in his being held
without bail to await the action
of the grand jury at the March
term of district court. The ex-
aiming trial was held in the dis
trict courtroom on the second
floor of the courthouse, it afford
ing more commodious quarters
and convenient seating capacity
for the large number of witnesses
and spectators in attendance than
the justice office on the first
floor. Witnesses for the State
were examined by Mr.. J. NJ.
Mathis who has been employed
to assist in conducting the prose-
cution. Only two State witnesses
were examined. The defendant
was not represented by counsel
and refused to introduce any
evidence in his behalf.
]. NJ. Simpson, State witness,
testified that he knew both the
deceased and the defendant; that
Foster was killed at 10 minutes
past II O'Clock on Oct. 9, 1897;
that he was shot with a shotgun;
that Joseph W. Swami did the
killing. Simpson, the witness,
and Foster, deceased, were pre-
pairing to go to Chappell Hill and
from there to Kenney on the
morning of the tragedy. When
fixing to get into the buggy,
Foster said, Simpson, wait
minute, 1 want to speak to Mr..
Swami. Witness was standing
at the buggy which was hitched
in front of Swann's house. Fos-
ter said to Swami. SCI want To
speak with you a moment pri-
Swami replied, 'sMy
lime is important. Foster re-
Piled that his time was also i'm
oortant; that he wanted to speak
with Swami to avoid
hurting the feelings of Swann's
wife. Swami replied that he was
lot coming out. Foster then told
Swami to vacate the house, and
Swami replied that he would do
70 as soon as Foster settled with
him in full and not before. Fos-
er replied that he had paid
Swami in full and asked him if
lie remembered the contract, and
Lsked who broke it. To this
Swami replied that Foster had
broken the contract. Thereupon
Foster called Swami a d-n
lar. Swami said, s'That's all
light" Mr.. Foster again ordered
Swami to vacate the premises at
nee, and Swami replied that he |
you'd not dot SO, Foster saying, |
I'll see whether you do or not"
foster then said to defendant, |
The man you are carrying that
.un for is not afraid of you"
swami asked s'Who, Jim Harri-
on?" and Foster replied, "No
'ou are carrying that gun for
ne, and l don't want you to car
y it on my place any more"
iwann then said something
bout carrying the gun hunting |
nd Foster told him he was car
ying the gun for him (deceas-
d, Foster then came on out to |
he buggy some twenty feet
rom the door in which Swami |
Tas sitting. Foster started to
ct in the buggy from the left
and side, but changed positions
t Simpsons suggestion and en-
sred the buggy from the other
lde. The men drove some thirty
ards. Foster was talking to
impson about shipping some
otton when the gun fired. Five
uckshot struck Foster, one in
le left shoulder, three or four
lches from the backbone, one
nder the shoulder blade; two in !
le hack of the head about tu-O