The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1912-05-09

wound the man. He said he be-
lieved the men were coming under
the wire and believed his life was
In danger.
Witness then demonstrated to the
jury how he brought the gun to the
position of bayonet charge and how
1t caught on the wire.
He said when the men came up
they acted like they were excited.
They seemed to be staggering. Said
he was % years old, Repeated that
he had been given orders to keep
people out at all hazards. Never
had been arrested before.
The defendant was subjected to
severe cross examination by Mike
Lively of private prosecution.
When asked how many soldiers
were in the enclosure he said thirty
or fifty. Said there were eight or
ten mounted policemen. Answer
ing question he said there were APP
proximately one hundred soldiers
and officers inside the enclosure,
"If that was true" questioned
Mr.. Lively, 'it wasn't necessary to
kill man to keep him out was it,"
They couldn't keep him from
hurting me-" was the answer.
He was then asked if he did not
kill Richenstein because he was
afraid of him. Witness said he did
not intend to kill him.
TT h io
defense for killing Richenstein,
whether accidental self-defense, or
just to keep him out of the grounds.
The witness repeated that he did
not intend to kill him.
When asked why he sharpened
his bayonet week or ten days be-
fore he said it was for the purpose
of passing inspection.
He denied that he sharpened his
bayonet on the morning of the kill
ing. When asked IL he did not tell
his mother-in-law thatday that he
was going to sharpen his bayonet
and kill some - before night
he answered in the negative.
At the conclusion of Manley's
testimony Attorney Lively asked
that a subpoena be issued for the
| defendants mother-in-law, who
lives in Cleburnextt is probably the
intention of the state to ask her re-
garding any statement Manley may
have made regarding the sharpen
ing Of the bayonet.
Perhaps the most important testi-
mony offered by the defense was
that of Mrs. j. B. Austin, who testi-
fled late Wednesday afternoon for
the first time since the arrest and
Indictment of Marley She was call
ed by the defense She testified that
she and another woman whose name
she did not know were at the fail
grounds on the occasion of the pres
ident's visit. They went to where
4 soldier was stationed and asked per
mission to cross the street Thei
8 request was refused, 50 abe test
n fled. While standing there, she sai
two men came rushing up as thous
IN they were in hurry. She thong
lie one was chunky and sfleshy and tt
lie other was a slim man. They want
lie to cross the street and the so1di
l. objected. She heard one of the me
e cursing and she thought 1t was I'll
slim one. One of the men tried I
t cross the wire and the soidie
: pushed him back. She then saw on
9 OF the men thrust his hand unde
i his coat and into his hip pocket. Sh,
thought it was the slim man. Sh,
and her companion turned to wall
away and when they had gone a few
steps her companion looked back
= Just about the time the assault was
made and the other woman said
that man got what was coming to
him."
On cross examination Mrs. Austin
did not know the woman she was
with Never learned her name or
where she lived Met her only a
short time before She was asked to
give a description of the men she
saw. This she could not do. She was
unable to give a description of the
man assaulted. Did not know what
kind of clothes he wore, what kind
of hat he had on or whether he had
a mustache.
The testimony in the records of
w. D. Lester in former trial was
offered by the defense.
At the night session the defense
offered other documentary testimo-
ny which included the official call
of Mayor Hay for the militia to as
sist in preserving order and keeping
the streets clear during the presi-
dents visit, the reply of Major Gen
eral Scurry to same, Mayor Hays
instructions as to how the militia
should be disposed and letter of
instructions from the presidents
secretary as to how the program
should be carried-out.
The testimony in the former trial
of witness who is now deceased
was sought to be offered The state
objected and the objection was sus-
tanned.