The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-06-18
EFFORT TO SECURE BAIL.
Fred Foster, Charged With Killing
George Patch,
HAS HIS CASE UP ON HABEAS CORPUS
Testimony Taken Yesterday for the
Dcfensc-The Evidence VIII be
Resumed Today.

Fred Foster, who since issksencT. has
been locked up In jail sasienel W -nhs o
coorro patch which 90. wiil b. this city
o.r,y in March. AT houA on, on the
Harrisburg road, where both foS'rs sN]
Patch were boarders had his case eAii'a up
Yesterday in the criminal court on VIII
of habeas corpus and the following evidence
was taken:
Mrs. Layton knew George u. Patch ana
was present a, the time he was MI,
hut did no, see the shooting. ahe u@t
known Patch five years. Al the tinls %.
the shooting Patch was stanuihs ~
front door and Foster was standing on 'he
ron step OF the gallery. Patch ordered
Foster To leave the house. Foster sa'a ne
had his room rent paid TO the lith' pu
rather than have trouble he would 10 ne
started away, when Patch called MN pacA
TO get his things. Foster said he "ah
not prenared to take the things then and
Patch said he would put them out. roster
said he would send for them.
Patch said you'll take them now or no,
Mt all and pointing his finger at him said
YOU know what l think of you? You are
n son Of a -. with this Patch put his
left hand behind him toward his nisiol
pocket. Patch was left handed and roster
shot him. witness rented the house where
thu killing occurred. Foster and Patch
both roomed there, but Patch had been
away 10 Mexico. When Patch came back
tho day before the killing witness tod
him that she would not live with him any
longer. Patch then charged Foster with
being responsible FOR her changed feelings
towards him. Foster had boon roomius
with witness before patch left Wi-less
came from Nebraska. Sne lac been ln-
duced to come hero by Patch. whD prom
Used 10 marry her, she went By i'atch's
name Patch said that no would get q
divorce from his wife and marry Witness
on the night before the shooting Patch
told witness that II Foster did not leave
Foster OF this threat the next morning
Patch had two guns aud generally carried
one when ha was drinking. When DRINKING
he was qulrrelsome He was drinking the
day ~ the killing. He was ur IN the
morning. When Patch came back to the
house IN tho afternoon when he shooting
occurred he brought two friends with
him, Messrs. keath and Fox They were
brickmasons and each had q trowcl
Gross examined: Foster .-od Two shots.
Witness could not say how Patch wax
shot Patch had on a coat whea he put
his hand behind him. Witness did not
SEQ any weapon on Patch but she saw
the impress ION 81 a weapon under tho coat
Patch was brickmaeon and generally car
ried n trowel in tho front waistLaud Of
his pants Witness could not say whether
or not Foster had his pis,ol out when patch
made the demonstration. Patch toM visit
ness on Friday might that Foster wouli
have TO leave the house. Witness told
Foster Of this the next morning bat she
did no, order him 20 leave the house.
Mr.. Palmer had known Foster about ton
months. 10 had been a swltchman on the
International and Great Northern railway
ana had no property or means of which
witness had any knowledge
MI. Sleight saw tho shooting Patch wnz
standing in tho door; Foster on the top
steps Of tho gallery Foster had started
TO leave the house Patch rw his le't
hand towards his hip pocket. when Foster
turned and fired. H. Grsl two shots
witness attention was attracted 10 the
shooting by seeing Mrs Patch run ott
OF the house Patch llcd in tine yard Wit
ness saw q bullet hole Ia his chest Eos
Ter brought hit pistol to witness after tho
shooting Patch was living on BITS face
when witness saw him. Thought he baI
coat ON. DID not see any weapon on
Here the case was continued until .
O'clock this morning.