The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-12-18
RELEASED ON HABEAS CORPUS
The Three Prisoners Who We're Held for
Completely in the Killing
NJ Officers James and Youngest Were Released
by Judge Allen for Lack of Sufficient
Evidence to Convict

Thompson; He was in doubt as 10 the
lnuer. lie was not present whom the
shooting occurred. way" LUG
DEFENDANTS counsel asked the court to
Tf rnolne me testimony of this witness as
irrelevant. No objection. So ordered
The state having no further witnesses
uslendhhts counsel asked for the release
OF Watkins, and Bowers, as there was no
testlmony before the court upon which
they could be held. The district attorney
agreed that the testimony was NOT suf6
clent TO hold the prisoners and they were
District Attorney lea said he had nm.
other witness to put on who would testify
70 west getting ont OF the buggy with
PREACHER at the corner where the killing
occurred, but this witness not appearing
West himself was put on tho stand liz liz
tesuned that he lives on Bremond street
fias lived In Houston three years He was
standing on Travis near Congress on the
afternoon before the shooting occurred
talking over horse trade Preacher
CAME by II didn't know him very wen.
ne SAID DO me little faycr. ] said,
res; II IT was not asking too much
would do it. He then asked me to take
MS gun and put II in his buggy and drive
on down In front Of Brockman's office
told him didn't know who Brockman
was or whore his Office was and ne said
that would he all right, he would be there
In a minute, He said he was going TO
get his boots and 60 hunting. ] took the
gun and walked with 1t from Mills saloon
Of the Boston store, about 400 feet dis
tant put the gun In the buggy and
dfove on. When ! was going across Main
and Congress Preacher ran up and jumped
In lie had no boots with him. He drove
on down Congress and pulled up across
the street from the court house He got
out on the right side Of the buggy and
| on the left. He said he was going up
the street 10 see Brockman lie went MP
stairs but came down again, saving
Brockmnn was not there. He next walked
up to the saloon known as LRtreyON but
came right out. Then he beckoned 10 two
fellows across the street and they all
went down TO the other corner. ! then
left and came back toward Travis street. Pc
questioned by, Judge spence his counsel
We crossed Main on Congress. never
heard Of any shooting or excitement until
about I'VE minutes after ] got back TO
Mills saloon when Bowers came In.
Preacher took the lines when he got in
the buggy and drove on down, saying,
| well 60 on down and get q drink b"
When he got to San Jacnto and Congress
| got out on the left side Of the buggy
over to where ! was talking TO Mr. Proc
tor, When Preacher came out Of Brock
mans office Thompson and Woodland wcrn
| In his buggy.
Cross-exa mination--I never said anything
TO Proctor or Basham about "bnttCr look
out for trouble. carried the sun FL m
Mills saloon to the Boston store In front
Of which place the buggy Wus standing.
Preacher said he would meet me nj Brock
mans Office hut he met me on Main
street He said. Come on, let's get a
drink" At san Jacinto and Congress We
found Thompson. Woodland and go or
three others. The gun was not taken ont
of the buggy while J was In It, / have
| known Sid Preacher three or four months.
! ! did not know he was in trouble. J made
remark to Proctor that they would he
| late getting over TO san laclnto river II
| was then about 3.30 or clock | told
Preacher 1t was mighty late to 20 hunting.
| There was nothing whatever 10 arouse my
| suspicious. ! was Q good friend to James.
| Redirect--knew 1oungst only when !
| saw him
Fred Erickson and william Bilderback
| testified that Vests reputation was good.
This closed the testimony and Judge
| Spence for the defendant said he did u Q
| think 1t necessary 10 be heard in defense
| OF his client There were no facts to
| hold him and he would submit the case.
District Attorney Lea said he did not
| care to say anything. Tho grand jury can
| take the matter mp II they so desire West
| Is a very material witness. however II
| is n question whether ne knew Of the in
| tent Of the parties 10 the killing, There
| fore Mr. Len was not disposed 10 ask the
| court to hold him. III thought the police
were justified in making the arrest, as
| the circumstances were suspicious
Judge Allen snid there had hcen no un-
lawful intent shown on the part Of the
| prisoner: that unwittingly hc had done
| what ANYBODY else might have done. be-
! licving ms he did that Preacher was going
The prisoner was then ordered released,