Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 267
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1875.] FARBER V. THE STATE. 267
Statement of the case.
"the deceased, Polonio Soto, was sitting on his horse with a
"child before him, on same horse. Witness presently saw de"fendant
advancing upon deceased in a hostile manner. Wit"ness
called to defendant, 'Jim, don't you hurt that old man.'
"Defendant replied, 'Damn him, I will kill him,' and imme"diately
threw a stone at deceased, and struck him upon the
"head, knocking him from his horse to the ground; defendant
"then threw another stone at deceased, which also struck him
" on the head, and then a third, making three licks in all given
' deceased by the defendant. The deceased had taken no part
" in the fight between the defendant and the Mexicans, and if he
"was present witness did not see him. He was attacked be"tween
one hundred and one hundred and thirty yards from
" where the fight between the Mexicans and freedmen had com"
menced. The deceased was knocked senseless, and his brains
"knocked out by the defendant; and died about twenty-four
"hours after the injury, andsdied from the effect of the three
"blows. The defendant, as he advanced upon the deceased,
"staggered, but witness did not know whether defendant was
" drunk or not. Witness had seen him drinking with the Mexi"
cans before the fighting commenced; defendant was not so
" drunk as not to run off after he had killed the Mexican. De"
fendant had several stones in his bosom when he advanced
' upon the deceased. When defendant advanced on deceased
" witness called to a son-in-law of deceased to run to his assist"ance;
he and Joe Webb took defendant off the deceased.
Witness then sent to Clinton for the soldiers, some of whom
came, X ' went in pursuit of defendant and found him. * "
On cross-examination, witness was asked as to his testimony
before the examining court.
Philip Baraldono, for State, testified, that "Allen Brown
"called to witness just before deceased was killed, and told
" him that the defendant was about to attack deceased. Wit"
ness immediately started towards deceased, but before reach"
ing him, deceased was struck upon the head by a rock thrown
" from the hand of the defendant, and knocked from his horse
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/275/: accessed November 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .