The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-04-15
THE UNDERWOOD CASE.
Ar. DAY CONSUMED IN THE TAX.
ING OF EVIDENCE.
s.x.rnpce Bctwecn Underwood
and otto and the Former Placed
on Trial.

Tho case of Underwood, Otto and Burger
,,alcted Jointly for robbery with deadly
weapons. went to trial yesterday in the
criminal court.
rhnre was severance In the case, and
Underwood was placed on trial, the case as
N burger being nolie prossed.
Burger was used as the first witness for
bc was with Underwood and otto on Sat
urday night about the middle Of December.
1895. when they robbed Joe Levy's place on
Louisiana street.
1t was between s and 0 o'clock at night
he and Underwood went inside and robbed
Levy while Otto guarded on the outside
witness had been promised dismissal In
this case for pleading guilty in former
case.
Joe Levy testified that he was robbed by
Otto. Burger and Underwood; that each had
pistol He did not know that he had
ever seen any OF the defendants before tho
robbery. Never saw Underwood afterwards
till he saw him in ial. The colored girl
Miraie Williams was In the store when the
robbery occurred
Minnie Williams identified Underwood as
one OF the party In the robbery When they
came into the store they called for cigars
presented a bill to Levy. and while he was
changing 1t they robbed him. She did not
communicate about this case with any
witnesses who were placed under the rule
with her In the trial of the former cage. She
did not tell them that she had been induced
by Levy 10 testify. She said there was
only one pistol displayed in the robbery.
and Underwood had that one. Witness
never told anyone about this affair except
her mother until she was summoned as a
witness Mr.. Levy nor anyone else had
ever talked with her about the case ull
she was brought to court.
Mrs. Sachs testified that while under tho
rule In 8 former case she had had no CON
,ersation with Minnie Williams about the
case.
Here the State rested
The first witness for the defense was
George Underwood. foster father of the de-
PENDANT He testified that Ed Underwood
was at home between the hours of p. IN.
and $3.50 D. m. every night from December
II. to l6. 1875.
]. b. Brockman said he heard Joa Levy
dictate to Minnie Williams what she
should testify 10 when she went before the
grand iurv.
William Whalen. Mrs Underwood, Mrs
Rafferty, and MIR. Pitt each testified that
tDeN ntaFd Minnie Williams while under
the rule in the former case say that she did
not know the defendant Underwood. but
had been told by MIR. Levy which was I'm
derwood. and that was all she knew OF the
case.
Gus Albers testified to seeing Underwood
at his home on Saturday night. December
II about o'clock.
The counsel for the prosecution here Of
fered TO introduce the record made on the
police court botter On December I OF this
robbery. as It had been reported to an
officer over the telephone.
Counsel for the defense objected on the
ground that 1t was not an original entry,
but one penciled down from an unknown
source over The telephone
The olicc''n was not sustained.
The State then introduced the following
character Witnesses L. Parker, Mir. Speed.
Alex Erickson. Mr.. Monaghan and Judge
Railey each of whom testified that Under
woods reputation for truth and veraelty
was bad
This concluded the testimony OF which
the above Is hut a synopsis.
Arguments will be gone into this morn
Ing District Attorney Gillaspie commence
Ing at o'clock viii be given fifteen min
uies for an opening to be followed by Stor-
ling Never counsel for the defendant. and
his associate. Judge James Breeding, IN an
address Of one hour each, Mr.. GiilasWc
TO occupy the same time in closing.