The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-02-17
A DAY AMONG THE COURTS.
Evidence IN the Case Of Feed Poster
All In.
The ARGUMENTS TO BE BEGIN TODAY
Verdict for occana johnson AGAINST
the santa Fc-Oshcr Court
Matters.

The case OF Fred Foster. charged with
the killing OF George d. Patch at tho lat
ter's home on the Harrisburg road, lust
across the International and Great Nor,h-
crn tracks. on the afternoon OF March s.
1897 was taken IN In the criminal district
court shortly after 10 o'clock yesterday
morning. But little trouble was expc-
riencod IN securing a jury, aud when adj
journment was had last night all tho evil
dcnce was in and the court was ready for
tho arguments, which will be began this
morning at y o'clock. The prisoner is rep-
resented by Mcssw Boyd and Thompson.
while District Attorney j. *. Il. Giliaspie
appears for tho prosecution.
A special venire OF 100 talcsmen had been
summoned. and from this Tho following
jury was selected: ]. ]. BARLOW w, j.
Coulter. II. r, Dictering, 4. W. Hutchins
John Martin. W. NJ. Baker, Georse H.,
| Iams. Frank Jones. II. u. Muldrow, Charles
Il. Mcqueen and Henry Jursrus.
The prisoner, who has boon confined
ever since hts arrest seemed cool and
collected. He pleaded mot guilty" when
arraigned.
L
| in The Post at the time the affair occurred
| and the evidence adduccd yesterday did not
! bring out any new developments.
| James Fox. the first Witness called tcs-
| tilted TO having gone 10 the house OF the
deceased about 3 O'Clock on the day before
| the killing In company with Henry ktafe
and man named barry. NIL OF whom had
| just returned from Mexico with Patch.
| Patch and Mrs. Layton were living III tho
house. The witness slePa there that night,
| The next morning he saw Foster On the
| gallery. Later In the day the deceased
| brought man to the house 10 look at tho
| furniture. AT this time witness was In
| the house With Mrs. Layton and he heard
| the deceased and Foster talking. The de-
ceased ordered Foster to leave the house,
and the latter said that he had sonlu
| clothes there and wanted 10 get them.
| Patch was leaning against n gallery post
and Foster was standing on the lowest
step Patch said, do you know what
| you are?' and Foster pulled his Weapon,
| fired two shots aud started TO run. Patch
staggered into tho house aud died almost
| Instantly.
on cross examination the witness stated
that he aud Keefe had trowels In their
possession at the time. and he supposed
that u man could be killed with such a
! weapon.
Several other witnesses, among tnem
| Mrs Layton, Mrs. Mollie Tucker and her
daughter. James Whalen. Elias Green
berg, Who WAS the furniture man who went
to the house with Patch. and Doc Reariion,
We're examined hut none OF the man
points OF Fox's testimony were con.ra-
| dctod.
Eleventh Civu District Court.
The following proceedings were had in
| the Eleventh civil district court yesterdiy.
Judge Tod presiding;
w. p. Johnson vs.. Gulf, Colorado ana
Santa Fo Railway company; Jury and vcr-
Idiot for plaintiff for $4,000 and against de-
PENDANT upon its plea in regeneration
against W. 4. johnson; Judgment on YER
diet. This il the fifth timo the case has been
tried and a similar verdict returned. In
each case a new trial has been occurred By
the defendant. Tho child or tho ,,laintiu.
Oceana Johnson, was badly burned on July
/. 1894, while lying In her cradle at she
home OF her parents on Mary street. the
clothing having become ignited from the
sparks OF a passing engine,
u. A. Austin ct al VIZ. Molina Freund;
reset for March II ani piaIntif granted
leave to substitute.
Freeman Parker Va. w. Il. Jones; plant
III dsnnisses as TO defendant, q. X, Jones
leave To withdraw original answer. Jury
and verdict for plnintin for $40; Judgment
on NefDlrt.
j. j. Settegast VS., City OF Houston; reset
for March 10.
James A. cushman Manufacturing com
pany W.. Miller Quicksilver Gas Governor
company; reset for February "a.
Alexander Hauxthaisen vs. Henri,
Bronner dismissed for Noncompliance
with rule for costs.
Charles Bender, ST., VS.. Andrew James
ct all; Judgment for plaintiff against An
drow Jones and G. A. Reed for land sued
for.
Jane Lewis VS.. Western Union Telegrapn
company; leave TO defendant 10 fio iiIst
amended original answer.
Il. A. schacfer was appointed TO repre-
sent the defendants cited by publication
In the cases OF tho City OF Houston vs.. q.
H. Dapielson ct al, Thomas A, Harris 81
nj and Edward Williams ct al Patrick
Egan was appointed TO represent the un-
known heirs OF o. s.. sheldon, the unknown
heirs OF T., Leonhardt aud Myra J. Tcmby.
while r. ~. Hanna WIS selected TO act
in a similar capacity for Lawrence Benin
gen OF al, Matilda Hubbard and +. Miller.
Fifty-Flnb Civil District Court.
The following proceedings were had be-
FORE Judge w. II. wilson In this court yes-
to-day;
70. j. Berwind vs. Galveston and lious,
| ton Investment company; j. a. carDaiy
appointed slepnographcr at defendants re-
| quest: on trial.
q ~ Bocock ct al VS. Missouri. Kansas
| and Texas Railway company; leave 10
pjaintIff to file first amended original pc
| tltion. making J. w. Maxey party defend
| ant: continued By plaintiff TO make par
| lies except MS 10 pending motion when
| refpsips 10 be disposed or