The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-12-08
ASSAULT TO MURDER CASE
Tried Yesterday 10 the Criminal Dis.
trict Court.
VERDICT OF NOT GUILTY BROUGHT IN
Proceedings In the Different Civil
Courts. District and County.
Other Court News,

Judge Gavin and a Jury were busy most
all day yesterday in the trial Of the case
OF the State OF Texas VS.. VIII Lyles,
charged with assault to murder one j. IL.
Reynolds.
The case was vigorously prosecuted for
tie State by District Attorney Gilaspie
and Patrick Egan. Jr., and The defendant
was strongly defended by Messrs. Uvalde
Burns and W. c. Oliver.
The testimony was very conflicting on
the vital points in the case, the testimony
OF the witnesses for the state indi eating
that the defendant had committed the as
sauit, but the testimony OF the witnesses
for VIII Ly.es maze II seem probaule ina.
he han acted entirely III self uefense.
j. II. Reynolds testiiIed that on Noyem-
Der b, 1896, he was playing poker with Mlll
l-yles In Laws saloon the rim ward
that he was playing with the money Of the
proprietor; tnat LyIes won SlU.V5 nut that
he refused 10 pay IT because the proprietor
SAID Lyles owed him s2l ana that ne
would give Lyles credit Tor the SlU; that
Lyles demanded the money, ami upon re-
1usal TO pay 1t they hau a quarrel, nut no
blows were struck; that L.yles Went away
ana later the same day they met In Ed
Maroney saloon, ana that Lyles addressed
him as q d s. vi a b. ana asked him 10
take drink with him. Reynolds said he
refused TO drink and told Lyies there would
De trouble If he called any more names,
That Lyles again repeated the abusive ian
guage, Nhersupon Reynolds truck Lyles
with his fist; that Lyles then drew IL
knife and struck at him with 1t, but that
be defended himself with chair; that
Lyles was then elected from the place by
the proprietor.
The witness Reynolds fertilizer testified
that on his way home he remembered tnat
he owed kankins saloon 80 cents anu DIS
he stepped into the doorway of the place
some one said, step aside, IN going 10
sloot;' that at the same instant Lyles iifed
load of shot from a Roinington shotgun
at the witness; that he then returned Il e
fire.
Lyles testified. and the defenses other
witnesses corroborated him in the main,
that the assaults were all made first by
Reynolds; and that when Lyles finally
started into the last saloon where Rey-
nolds was for the purpose of making peace
that Reynolds told every one to stand
aside, tkat he was going to kill the -
- -" and that Reynolds then opened
fire on the defendant.
The jury thought that the defendant was
justifiable and acting in self-defense, for
after being out few minutes, they brought
In the case OF the State of Texas VS.. G..
W. Jones, charged with not paying occupa-
ton tax appeal from justice COURT, the
jury brought in Il verdict of guilty and The
line was assessed at 81.
The case of Joe and George Navarro,
charged with assault to murder, was con-
tinued to the February term.
The case of c. G. Richardt, charged with
assault to murder, was also continued to
the February term.
The following cases are set for today:
| Julius Austin, assault TO murder.
Pink Mcneil, kidnapping.
Abe Irwin, aggravated assault.
! Robert Hendrix, aggravated assault 1.-TWO
cAses.)
4 r. b. Homer, burglary.
r. B. Horner, theft.
Daniel Shiel assault to murder.
| Ed Moran. cutting timber 1.-TWO cases.j
ON hoover, aggravated assault and
battery.
G. w. Sherrick, appeal.
Judge Gavin adjourned court until .
o'clock this morning.
Eleventh civil District Court.
The following proceedings we're yesterday
had in the Eleventh civil district court
Hon. John G. Tod presiding:
H. Rumpel VS.. II. G. Hartmann ct al; c.
N. R9dgeway appointed guardian ad ltem
OF the NlNOrS, Annie, Mara ana fTtueTlCk
Hartmann; bond fixed at $780,
f. p. Olcott VS.. J. T. Rosco ct al: dis
missed SIT Plaintiffs cost
W. T. Long VS.. Henderson depot; judy
mont by default for sS66.4o and foreclosure.
f. p. Olcott VS.. w. f. Clark ct al;
judgment by default for s5o2.05 and fore
closure.
f. p. O,cott VS.. A. p. Riggs; judgment
for S637.9S with foreclosure.
f. p. Olcott VS. John f. Weaver; iudg-
mem for Sl9i.7S with foreclosure.
]. NJ. Blair VS.. Jordan Ransom ct al
Judgment by default for plaintm for the
land sued for.
Henry House VS.. Charles Gessler and
wife; Judgment by default for sl7S0.31 and
foreclosure OF lien.
Henry House VS.. A. Russell ct al; dis
missed at plaintiffs cost.
Henry House VS.. II. C. Harding; judg-
ment by default for s265i.36 against II. G
Harding with foreclosure and stay OF es-
ecution for four months without prejudice
to rights OF defendant Sam.
Henry House VS. Sam r. Gotten Ell al
interocutory judgment by default as tc
S. r. Gotten; death Of ]. T.. Gotten sug-
gested leave to make her representatives
parties.
May f. Higgins VS.. Charles S. Higgins
report of commissioners filed showing
property uncapab,o of partition; sale or
dsred for partition and z. p. Phelps APP
DO nted commissioner TO make sale
The following cases were ordered stricken
from the docket: h. c. Storrie VS.. II
Schmidt II. T. d. Wilson vs. ]. ]. Sstte'
CAST: Charles McPeak VS.. George II. Her.
man; New York and Texas Limited com
pany vs. n. Johnson A. Hampe VS.. W. b
Derson ct al; Herman Tittel VS.. Suss
Schmidt.
Fifty.dfth Civil District Court.
The following proceedings were yesterday
had in the Fifty fifth civil district Court
Hon. w IL Wilson presiding:
Chris Schulze VS.. Bonnell, Matthews a
Harding; leave to W. II. Kennedy to IN
teryere subject to exception 70 his doing 50.
4 ID lrn