The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-04-20


pie. that both Of tho doors We're open and
also the storm doors were hooked back;
that while he was there he found q VERY
large. old and rusty pistol laylne behind
one OF the doors on two bricks; that he
took II home with him; that he notified a
negro policeman who lived in the same
block with him that night Of his having
found the pistol and Of the place where h.
found N: that he turned the pistol over e.
the negro policeman aud told him that he
wanted a reward FOR t that when he car
ried the pistol away from the temple he eY
pected TO get a reward for It.
The negro policeman referred TO by tho
Mexican was Introduced by the defense and
corroborated the MeHiean about delivering
The defendant himself was then put upon
the stand. He said. That he had known
Shinn FOR several years that he had heard
OF Shinn In Kansas that he had heard
that Shinn had killed man IN that state;
that Shinn aud another fellow had broken
into a beer saloon IN Kansas and had tried
10 xiii tho proprietor thereof, that they
were prevented from doing SO by the pro-
prictor and his son shootlut at them;
that he had heard Of Shinn threatening 70
take his life In Houston as Or Furdy mad
told him about &c; n number Of others
had also told him; that Shinn had told
him two or three times that he intended
10 Kill him unless he paid him y CON
mission: that In August just before the
killing he met shinn az the corner ot the
Binz building; Shinn said; doctor, want
Ia see you:f that he took him TO ono side
and asked him II had given the matter.
which they had before discussed serious
Thought: that he informed Sn'nn That no
had not: that he owed him no commissions
and that he did not intend 20 pay him
ANYTHING. Shinn then said: Doctor. II you
don't pay my commissions sou had better
prepare to die" That on the day OF the
/ tlIlinr he wanted TO see John watson about
a suit which Shinn had filed against him;
that Watson was a witness IA the case,
| mat he had been TO the llutchus house
/ ana came up Main street, passed In trout
/ of the Rice hotel and went on TO the
/ Masonic temple. that When ne got To the
] stairway be stopped aud stood there while
( tbinlinS about how TO approach Watson;
/ INIT while he was standlug there MY,
Love nassod him and spoke 60 him; that
/ after standing there Tor scVeIa! minutes
! he turned and started to go mp the steps
( that he met Shinn on the steps, Shinu
/ coming down; that after he passed Shlnn'
( Shlnu attempted to draw q pistol ana ne
! drew his pistol first and shot Shlun; that
he had his pistol In his LEFT hand, that
he caught Shinn's wrist with his right
/ hand; and that they scrambled there lhat
Z his mind then left him, ana ne was per
! fertly blank not knowing what took place
( from that time until Or. Brumby pointed
/ a pistol at him. that that was the nrst
. tning he could remember, that he then
/ went with Mr. Fagin to his office ana was
carried TO jail; that for several weeks he
fore the killing his mind was IN cohStahl
terror Of Shinn: that ne feared nm ~
fine fine. that about six weeks before th'
killing he went to the chief of police u
get authority TO carry pistol 70 ueieh'
B
refused this authority, he Went any nougu
a pistol. which was the first he had eve
owned; that he had never shot plsto
until he shot at Shinn, thal ne neSt
showed pistol to NJ. 6, Fakes In the sprint
of 1901 and told him he was carrying j
FOR Beard; that on the evening OF p
killing he did not stand IN 'front.' OF IN
( lIce hotel Just before goinG TO WaiSTh
office ard did not see Shinn go UP into wat
Nv Win taat the defense closed, and tn
state offered in rebuttal VI. G.. lakes, Wh
testified that In the spring or l.Vl 1T
Beard; that witness told Boyd what Hrar
had said about him in front or the nc
hotel in March 1901, and thar 10y,
ness n pistol In his pocket, ana said b
r.. w. scott testified for the state d
rebuttal that on the day Of the khilus ~
about ten or fifteen minutes before VA
Z homicide. he was standing IN front OF N
Rice hotel: that DR. Boyd was standih
,here, looking mp the street In the dFectlo
, of the Masonic temple that witness ~
him standing there some tlfee minute
or more when witness lcft MN stan9ll
there and witness went TO HeFel afM
+. store; that he was In the drug store tal
, ing 10 Mrs Heyer when the shooting DO
! gan, which was about len minutes atle
! he had left the Rice hotel.
With this the testimony IN the case wa
r closed. the hour being 5i5 yesterday e' t'
T ing All the witnesses We're discharge
n and arrangements for the hegnning OF d,
. arguments Of counsel beeun. The coul
= put no time limit on the lawyers. ana III
' nrst address 10 the Jury was by Judse,
d lowed by Mr., Brockman for the defens
n When the latter finished. which was a9g'
S 1890 last night. recess was taken 9nul
p o'clock Monday. ). NJ. Coleman WI q.
a Of the case at that time, and district q
Is torney Lea viii close for the STATE