The Texas Sentinel. (Brenham, Tex.), Vol. 2, No. 9, Ed. 1 Wednesday, May 28, 1879 Page: 4 of 4
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Xempapcs Treachery.
Prom tl « Ihiily Keutinel, Thursday 2iid. .v,-nt ..ti down tn« rlr^t. 1 .i« veiy m.Wri>
Application For Bail in thn Ob no oi «* ■*lted myself at fid pros peel ofdefendant
Titer* is * streak of perfidy nod toe StBto * •/• ® Kn-by n. - 14,„| deceased meeting, and I 'lid not notice
« M it i * lOfO Hop, A># B# BfOftddtUI 'ij t . | «
frracbety too ofl*i fouim mi |io/.ihoim — Beginning 6.00*. m j I,|M • «• ■ imrUftilarty. I ixM it for
eh chrfiU'r the peoples confi- May 21et. 1879 «d 1 • « ♦ my word* of caution to him w«re n<,i
bone." Kven ii, the pulpit | u. . . M .ppreciated, I told him tb.i
4i . ' . , . . \\ ♦ (Inowliiy, £]h\ uihU by content of w*r I In hi* fffwc, I would avoid 11m thwx
1 II,. «.„« . ||w <iton](Hii, S|n|ij- v>
r' ' Cross e*aniltiod,~ Mr. f*te I# **« walking
will an oil the rostrum thin cur
rental cum
ltd and often
sioii of that
„ . , ... . Jones, was suspended unci the lipid teaeiannnor.,. nr.
•lit f vice,that turbid nolu- ' 1 11 on a public slreetfn tlie lown <.f
. „ . . „ ... tiou ol J. h. htrby lor bttil, mimic iii , ,,
en Intent,Out powerful pint- I did not know who would mi«k<
menent basest of all .in. bd"f° J'1 Honor Jud^e JJrnaddus, f n,Hli „,vc, a wonf fr„m
, ... . i . si. at five o clock. I lie Slain is n-|> or Kirbv l >at wonld lend m« to
treachery in found lurking clone to, if
not intoandrflJing the bcarl'scoro with
all that debases and corrupt* man in
bis depntvif
man of God
into t!ic good graces of uii innocent
family circle for the purpose of grafi
tying a base passion, whether promp
I feuijwteiid.
eili« attack,
either Wleele
l« p or Kirby l*'*t would fend me to tliink either
rcwntcl by ('. T. Booth, A. .1. Harvey would attack the other.
and |{. K. Iliilinay, Cuinty Attorney
ifiiinvii). k ii, h'ikhi,
8wor i (o aiid i>iil«Mrrilicd In-fiit* me, >1 *y
V . ' of Waller, and farl Sliul/.P, County I "* m i« «r"l u m>-
lv and wickednct «. flic . ... , . ' . „ \ Nth, 1K7H. M, A. Hahvkv. J. I'. W. <l,
i . . . . , ... Attorney of \>anliju^ton. rite 'Icleud- . . . ,,. ,
who liiKiniinlex hiinselt J " , A* mjmvIwI, tin* iriurnin# llt*r« w«
«1 "raeOH of an innocent a"® '* rcprcMenU-d b_\ .Suth .Shcpanl, j hy all rla«we amicon-
T. H. Wccw and J. T. Griftln. All tl te ditioii* throti((>loiir Him iformnitnily in Hii'
written evidonce produced before the ! '•« <«. At the oatling- of coui-t, crowd* w<r<-
nifliriMtnite wan, by nim-cinciit read to i ""«vin* toward* ll o «<urtlicni«i} many
ted by mere eidioemeral, an tin;.I dexi- " , ' * f . • .. .. . *.t—t -
. , . . , , , the court, and several witnoiwc* exain-
ren, or to I'uiii the heart and bund for , .
■ i,. . I incd, un to ten o clock lu*t niaht, when
the pnrjKoie of cont rolling the pttm\ ' ' . .....
though intolerably repugnant i not
«wc whit woiite or more definable
than the Kdltorofa ]Mj|itical news] a-
j)er that darcM to bring the reproach
and vengeance of a government upon
the head* of itn people. It wan but
court adjourned until 8 o'clocH thi
morning.
We will publish an analytic of the
liulien with their liurltaiid* arid fil«nd* r<-
lniiri>d thillx-r (■> niunifei>( tlicir cotimjni in
Hie coudvi't of tti« enmp, and ff (M*i.-ially lo
liHiir lb<- <>loijn«tnt «]N>ak<'i'H on tl « wen-ion.
We wen* not piM>eht dtlrinjr tins wliol>* tim?,
lint licnrd 11 nii|< find Bl«w|Ui'rit eiw^clii* of
entire testimony after the case is over, c"'- Hw,h '"l Mr- •>*
.... . . .. ... . . ■ nlfud. Mr. llnrvfr, IIioiil'Ii Mrbaim it coikI
I here is lestinionv. if we gathered il . , , ,
. m V11 lawyer, loi* not madti tin- urnntiiol
,w , "nght while be.ng read, that ^ Immtl. .rdally. TI.e rtfum«-nf wan«on-
l«MC jKtrfidy in Jndus that delivered f J-',«' « when < o!. Ktrhy heard ,.tlH|,alll>tow noon. After dinnw Mr St-
. i • i t .i that the ikceascd win at the .Mellioti- of Hi'tnii-icud arrivod on tb<i train,
tWKavior into the hands of the enemy. . , , , . . . . ' ,. ... .
. ist Sumhiv school, although it wits his nd n lni« t^sinnony, wlin.-li wai- s;iU-
Ho with the false, base profc.saions of
Jove in Delilah that brought the Phil-
istine* upon Hanison. Alike do we
find the defeatiblc conduct of men in
fiigh plncesin ourtimeandgeneration.
Even the press, that engine of utrcn
gth thatCliatham declared wa« the pal-
adium of Knglinh liberty ; of which
M. IVAiibignc declared wa« the only
Jiopc of the christian religion, and,
said he, "give me a roomlOxlOfect and
an iiutrammelle<l liberty to use It, the
habit to attend that church, he left it
and went to the llapli t church, au-t
remained there until after Sunday
school service. There being no serv
ice at the Baptist church, he returned
to the Methodist church. When the
deceased tame out, the defendant was
standing some nine or ten feet from
the door, leaniiigngainnt the fence, hi;-
right arm extending along the top
rail, .shaking hands with friends. The
v..^. ....v.v .......v..,..- deccaseil's right hand was upon his
iiress, and I could enrage the populace ! . , , ... .
' . ' . , .i hip, just as he reached lie ground. a.inwUv
against the firmest monarch on earth ) 1 J n s
nod strip him of his crown and ceptre
hip, just
No one saw the accused draw his wea-
. „ „ .. ! pon. and onlv one saw the deceased al
oil the first provocation. How uufor- ' , , ,
„ , . tho time the firing began. J he de-
luuate therefore that such an eiigine , . ' , ,,
, ..I ceased rarely ever went unarmed. Hi-
of power for weal or woe should ever . ; ,
, was in constant expectation of an at-
full into the hands of the vicious and . .. , '
, T , , , . tack, and knew Hi,-it tlie accused was
treacherous. Just such has been the • . . . , , .
, i - , i ' in town, tlmt he was in the habit of
ease with the paper published at <> ko-
lonr, Mississippi, railed the Southern !l*'on,'illK "'is church. No evidence
States. Wc would have expressed our ,m* becn "<r°rt,<l as whether he was
detestation at the villainyof the pcrfid- : HP°« tM °(<a ion wf' herwise.
fcous thing long ago had there been J'IC was left exposal three or to employ me to look aftei- his pension fro
the least good resulting from such a '""r t>«for© the inquest was held, j the United fltateogovernment, as a aoMi
' ■ view of which we presume thill i in tne war with ftk-ik-o. I was in convei
evidence would be iinsatiM'actorv lion with Mr. Hteeh; when I «aw Col, .1
protest, nor is there any real necessity
for it now; hut simply to say that it
luts betiii denounced by every congress-
man from Mississippi, repudiated hy
evciy Democrat, *nd southern man
and newspaper ali over the south, and
has been held up to the scorn ami re-
pudiation hy the entire press south,
while it finds its strong supportirs ami
eiicouragcrs in the uoith, and that too
in the ranks of the most wicked and
In
any
upon this point.
The testimony is voluminous indeed.
If entirely published, would cover an
octavo of fully the length and width
of this journal, making about one hun
dred columns. But notwithstanding
this fact, we think in all such cases ihc
testimony mod material on both sides
ought to be given to the public.
milliHl (o writing. Within ler* than fiv«
miruiif* afler tlie cijfnin^ of th« fume ibe
Olirt decided that Un* .'axe ix not a liaifablx
inn', and ramamlwl defi-ndunt to the«ns!o<iy
of the sheriir
From Daily Henlinefof Friday 2'Ui.
The St ate of Texas, i In the t>i li?el Court
vs. J- of
.f. K. Kirliy. ' Washington County.
A pi'mc VTlo.N koii iimi.on iiaiikas ( olei'px.
John W. Stephenson being sworn for the
defence, says :
1 live in fleinpMlead, am 4 prnetieing law-
yer by profefsi'n. 1 knew John Ste.de, the
I i aw him in Hempstead on the
Saturday lieforo he was kilted ; I started to
my residence, wlii.-h is northwest of Hi* pni>-
tic square. I met my wffo at the time 1 was
lieyond the jail ; my wife was north of the
; jail. There I turned back with her until we
tfotto the City Drug .Store, on the pnlilic
sijare. We dojipnl there for p. moment, and
r-iio went to the milliner's—next dooi—while
•■"lie was as at the milliner's I engaged Mr.
. Armstrong, the Druggist, in a eonver-ation.
! While wo wore convei-ring, Mr. Steele came
| up, and said he had been looking forme ev-
er since he had Ijeen in town; that he wanted
m
<>r
r.' a-
E,
Kirby come out of Hedell's store; Kirby
stop{N;d in Iront of AUIiury's store. While
we were standing there I caught Steel:- hy
the shoulder and told him there w«fc his
f.ienrl Kirliy. Kirliy was about one hun-
dred feel distant. JSfteoJc replied to roe and
said "that makes no difference. I don't care
I am lixed for him." lie then look ine by
the left arm and started with me to M«h ware's
store, where my v.jfe had gone. While Kir-
liy was standing in front of AUbury'* store
uncompromising of the ultra radical Hence as the iicni[iMtead (<nn irr ai.d i,i lnu-k v.-a« towards fflixtln and my.--If.
ft 1 it « « . . -1 / . I //,. . ,.#.«■ I... A I . . .. ■ d i ... I 41.. f/ * — I. .. • _. .... ... . . I . I. *. * a if C t
Clubs have been
haters of the south.
formed
and cast
for the purpose of receiving packages
of this perfidious sheet and send it
Hempstead II<■<!inter both omitted the Kirby was opposite looking into AMmryV
This occurred between 1'J and !:",<>
in all the leading cities north ' ^t.'mony hearing on the defence,and '1
I, and even in Washington cily, l),,blis,,0,i. uli 11,0 ^Hmouy bearing
... , ,, „ i, ex itntned l>v the State j—When
against him, we present the following ,
,' . Steele and ,mynelf left the place where we
to day, ami to-morro, what most relied ,iad Uku w,. W(.nt on esiMt . Kir,,y
broad last to feed the already inflamed on by tho state. ^ 'was about northeast from us. We turned
us of our enemies " Mr. John II. t'arlef oil's testimony as j around the comer and lost fight of Kirby.
sworn to and reduced to writing at the ar"' ' went from where w« were down
passions
The bx-aJ circulation of the "South-
its support is from the north. Besides
thus:
J. >\. SrKi'iiB.vs ix.
it isa patient outside^ mid evidently .'to. H. ( arlr'on mrnrn fur rlr/nitlant: To permit a deed of such wide spread not-
bears ail the marks of a paper hard up; 1 wa* at ehurch at the lime of the killing fo go its own way through the gaping press
and as a dernier resort between death 1 attended service-on that day/ gathering fuel a« it K""s until it !«•-
ii,-, .i.i ' came out of rhe house amonif the first, a come* a* this rase has already done by sen-
a«id villainv, has acr-cpted the latter. , . , , , . , . , . . ,
r , 1 ( few persons were a bead of me, I was stand- satinn.il papers without hearing the facts
One of its private business let'frs hap- jngou the second step as Mr. .Steele came to properly understood would naturally brhsjf
]K'iie<i to fall into a Democrats hands the door, I steped down tolheright and stood ! the borrows of frontier life ujsm our own
at K.jnton Ohio on the 3 inst, and the up against the wall of the church. Mr. streets and at oiir own doors.
letter and the comment by the Wash- Steel walked down the steps—when 1 ob- ! This lammentahle affair is jest such as
ington /%/, we find in a recent number * rved him coming down the si^ps, hie : would under the cirenmslances have ocenr-
oftlie Whitesboro' Democrat, thus : left hand was raisefl with his hat in it, his ; red.auy where, in any place jest as it did at
Omtunr the R-m tiikhv St n s«, ritflit was on his hip when he stejied to the the dethrxlist church in Hempstead.
Okolona. Miss., April :)U, IB79, { tiottoin step, I do nof know whether it was (lu«. /{ankin, sworn, testified: I was a!
iir.%. J. s. Kontxsox.—Tlie pnpent i,r "'jt " • firing of the pistol. Mr, ! iS'unday-shrsio! on Sunduy, May }.• did not
have been sent agreeably to instruct- Cale W «*1 was standing on my rigbt,nooue see defendant in the church; he wa ..! the
ions. was lwtween me and the door,there were five church; Munday-scbool precede* preaching;
The points are made red-hot this j or*i* persons on my riyht near the house defendant nsk.id me who all were irr the
wc«k. ami all of them will hit hard, ;'nd several persous standing near the gate, church, and who were the two old men; told
It is advisable to have them as exten-
sively <f i)icd as posiblc. Wo- will
mark them for our Northern cx-
chaugos.
Crun* Hxa-ttiiaal : I him it was Mr. Ridley and Mr. Afteele; we
Mr. Steele came out of the church with ; bad nO further con versa! inn; I went in;
his haf in his left hand raised as if mlsr.it to 'biuk defendant went away. Kalston
put it on hiahead, and bis rijyht on his hip and family came in after Wiinday-s-iboo!;
gt _ ^ |«*i )* ii « t -«•« f « • inr i inlli i;i| III n III ' oi : fTIIIIMrtji
XMigi*CSsm.in rr^c rcgarils it as a his arm akimbo; I don't know whether his delendent remained outside; don't know itos-
WHtf slUtoOuu '
great mhi-ckk.
W« will give fliem InHI according lo
the extent of Cue circulation. The lar-
ger the subscription list the louder the
thunder.
Yours, with respect,
WII.L H. Kkk.VAX.
The \\ ashington Port, wavs :
right hand was under his coat or not. I di-l
not see him make any demonstration to hurt
any one al the time the first '•hot was tired
be was standing either on the !/ott u) of Ibe
ste|M or one fwt on the twttom step a- 1 the
: otner on the jfronnd. There was nothing in
* Ids attitude to excite my notice if he had
not l een an entire ft ranger that I had never
Jons H. C.tRLtnos.
itively wiiether he went away or not This
was alsxit half an hour te-forechurch: there
w.is no tierson wit'* defendent at the time;
serviciw lasted atxiit an hour. Steele was
sitting on left side of Hie church, al* ot four
or five seats from the front; he remained in-
siile during SuwJay-fctuml and uniil serv-
ices were ail over.
('roex-exami ncd.-—Sunday-school begin*
slwul a Mt there s in inter>iits<ion tie-
tween Snnday-sch'sd am! preaching; tt'ere
was Sunday-schrxjol, but no pirracbing at
llaptist coun-h that day* don't know where
defendent staid ftatur lay night. Mr. II*!-
I he "(Jen. J. S. Robinson" mentioned seen before.
fllsivs, and who hasevidetlv been in-1 u . * • -
v.'Mi„.rl...,, ;i,. ;„.i w. . Sworn to and subscnlied licfore me Hth
vesting iicaxily jt« the States lor rum- . .s-,,
pasgu pucjseH-s. is the Chairman of the
I'epnMican State Central Commit ten 7Z. H. Wood xtroru fur the d'frAer:
**f Ohio..< Vingn^sirun Frj-e neeils no I reside near lleind tead. I am ac.piain-
S|K-Ciai iutrixluction. He d« esf how- ted with defendant and with decoase<l, John "ton's family attended Sunday-s diool at
cWf.itciil lo iduige in an cxplauation. ' Steele. I'.afitist cutireh, and came to the Methodi t
and this «re Irtlst he will n it post|toue- I was in flemjwleatl on Saturday, May church to b ar the preaching. Ileee e<I
A* the matter stands, the state. 3rd. Saw deceased in town. 1 had also seen I visitor at Sunday-school; it was (he
meat (lat this happy «-onditi ni of af- defendant in town. I bad a converastion ^ *rer *"w ,,lm *t chnn-h. KiH y
fairs existedI may Ur tald to be abuu- with Hteete, wh-n I saw defendant at lie- i* amensl er efthe MeHwlist rhurch. I> n't
'lautly verifiwl. ^ dell's store, talking with Hbock lledell. I know If he was in town ths | re<-e fing Sttn-
f than went to Armstrong's drug store, while 'day. It was generally known that there
there ami sum after I got Inere, I saw Steele would Ik prracbinsr at the MHtlxxlist churrli
The L te City f Memphis, Deceased!
Mfinr.t.in A1„l t-* . . | ,«ss the door. 1 tbiak it was between ii that <Uy. My brother lo!d in-* that dcfewl-
to-dbiy U-forc Jnd«'es" Aw e^ '"d mD'' > « as I saw Steele "t wanted to see me at the door. When I
flutter, of' the Federal i-ottrt "ill Tl'e ' ,MUW 4he door, an imprvmiou Ifashetl over wn,t ""t he (defendant) aske<l me who all
<«)« wbetvin Jarb-e Baxter 'had an-' ",y roin<l tb*1 ■,n'1 Kir,'Jr ^in ,li,> w" ''TP"1 "ff th"
|M*infe<l « receiver for the late HlV „f ««"• 0,11 ,i( t,"' drugstore and m«4 Mr. f"b>na tre« (in Iron! of the church), and be
31 cm phis, agivrmcnt «f the counsel 1 *1ki v'*m standing on the side walk immediately asked we wlso the two old men
the case was certified to and all tMiiicnl ml Arm*,ron<f'' dru w« *h« k hands *«*• I told him one w« Steele, the ^her
sent Ui the supreme wuirt. In the «,,d *slke<l acmes the street to llowth's Mr. Ridley, I was outside about Bve min-
■MOUititnc matters are to remain itt conMr- Jnat as we got to llowth's corner, • TO farmir^f al* ut a mite from town;
stela quo until the supreme court reu- **'wt«1 down tbestreet; 1 iben said to «in town tending express: saw Steele who
denttdcdatioii, him "1 would not go down that way. You introduced himself to me. Father invited
ought to lie Ntialjil. ] would not aggra- him to his house, where be staid all night.
The editor of the C-ul|iep|ier Times " vate that yoong man. t would not follow «nd I asked him to go to Sunday srhool. II*
W« tdiot and killed in a difficult v with ! * kin up." I said to him that I had seen *°>d me h« was sixty-five years old; said be
J< IM* and ivmison. Jones was shot y<** « * Kiriiy down the Street. My hearing could not read without glasses. Defendant
lit the shoulder, ileam,the editor, (diol is a little indistinct, and Steele said some- lives in llrenham.
in the slidoiucii. |«crlui|>* mortally; thing ab.-«l )b«u>iness, and mutteml some- Oies-examined.--H re seen defendant at
icttii«s«ii unbutl, but govs t« jail. * . thing wkir'i 1 wuta tut cmUb dieliuctly; 1 MetU<sli.-t cburrb u*n> timoe io the Wt f«*tr
r li vi yur^', think he cimu«s to ff^uip'tevl
reltyo.t n; lie has a *i*ter li v ing three or
or miles <•', town, S -vxr eaw deceased u
eiu.tend t*f' r«; jjw't saw him during the
ar, Steele was T>-> •> /et/il wi'h ag"; Wo#
,ther hardy looking t"f bi All
ir family wt-nt to church, except father ami
,other; iI«. ki 1 said he hS'l "t 'e-en t<,
hnrch in f <n Ofi> years. It •* ' alexit t o'-
•ftck whendweased came to e<pre * offi ;e
'itlnrdsy evening; 1 told fiirn I saw fius-
Jai k':/i; ho asked for toy father; 1 told him
at her v..f acros* the street. Deceased sia<l
e had been left l y the wago he came to
own in; that he he bad not tio;-he I the
cisines - he cainoto trasi •*•<. Steele aii| be
nould U"> home with father; father said "all
-ight " and he and father went home logeth- '
■r. f itn iwrsf'ssl defeased say that b<-
-oufd .' ot wait for him, and bo could not get
xit that night.
Ile-cxamiiied.—When Kirl.y J^fkeil who
be two old in^n were, I said nothing alsoit
•not having a fus-s there"; don't rememlier
eein^ Steele more than once le-fi.re, and
that was on a cow hunt during the war.
Al '2 o'clock Mr. A. A. Pit tuck was recall-
ed by the sta'e and said;
"Have Iceii on the ground where the !;!!!-
i.-ig took place, sio'i" I lestifi d thi* morning:
it is aliout sixteen fe-t front where Kirl.y
straxl when he tinel the lir-t shot i" where
Steele fells Kirby shot deces«e<l twice in the
iiead after de cayed hfi'l fallen; d'-fernlaat
A'* l nboul t !i ree feet from dtcessed whe-.i '
lie (K.) tfiad tier last two shots. Tae snttJe-
Lle of Hie pistol was aluou! a fool from St*e|-r'«
*ead when the last two shots were tired,
jroni the gate |Hunt to the Ic.Hmrl step !s
nins fost; defendant was l e«w«iii ibe
(.ate and the steje! when he tired the fir*I
line; I saw deceased when be step|>ed uj^m
|ik lir*i step from diejr sill; did not see de-
•used again until after the firsl shot; it was
|>-o or t hree s-.-cond>- afler I saw him (Steele)
fjr the steps that the first shot was fired,
yben he :tlrtggered against the chit* 'h and
ni-e'l his hands.
Cross examined.—Deeessenl was then le'-
tiern me and the <loor; I started rapidly
tiwards the comer of the church; did not
r,«t St.eile again till 1 si* him running and
t iling towards the co-Titr; de-e.iseil ran oi
fel heavily against me, knocking me down
I | vae somewh it excitod; t! iak four shots
we-." tired, but wiif not #wear positively fo
Ihituunoier, le;. a is- 1 heard it di-puted by
[itisorm wiio were present.
Ve here end-avor to give a sialeirent of
• Hit legal positions taken by counsel on lioth
siVes—The M'-ssrw Harvey and Booth for
tie state contendeil that all the ingredients
neiessary to constitute murder inf be first de-
gr^ were present in this cans. That lefeod't
coiflly, delilwriitely,wilfully ainl maliciously
co|in;i:ted t he act with a deadly weapon.
Tlifti there :n no palliation, no cxteutuating
ciit a instances.
1lV will go more info Ibe detail «.f the ar-
gument of co in."el for the defence,
t'ol. Shepard made the liest sps—cb of bis
iifs, We regret that we cannot do more
then stale bin jiroposilions, lie said :
The guilt or in.; srence of the pri-one r i# a
rjnevtion for m jury- >ip n his final trial. The
jn-ston here is shall he have the right to
give hood for bis appearand- for trial when
'irti{M"d !
I. Imprisonment in jail is a punishment
aid our code the maximum punishment for
it any offences.
fiail is not a privilege ; but a sacred right
^naranfeeit liy the constitution.
Its refusal is alone |«erniilte I in eipit.nl
easee where "the proof is evident " It is p«r-
iftilted in cases wb"re it \* rridrnt thai the
tlealh |s-nalty ought to, and will tie infiioted,
liecause il is la-'ieved in such cases no Ismd,
no tie of friendship or of honor will cause
the accused to come to triol with saeii a cer-
tainty in prosjieet. ".'ill that a inai; hath,
will be give for hie life."
In all case* of thi* character the difficulty
lies in the true interpretation and applica-
tion of the words, "where the proof is evi-
dent."
The rule adopted by many of Ibe Dirlri I
Judge* seems to lie this : If. from Ihe evi-
dence t e Judge should should have proba-
ble grounds to unHju'l that the offence may
lie murder in the first degree, or that a jury
in the exercise of its discretion, might jiossi-
liiy find such a verdict, bail should ts dini-
ed.
This \* an unreasonable and inhumane in-
terpretation of the langua^'! of the ^institu-
tion.
Proof So be "evident" mast lie plain, ]r?i!
pable, apparenf, certai".
Tlie true rule is thi'—In order to commit
without frail, the evidence must show t« at a
homicide has lieeu committed without justi-
fication or excus , and with a cool, sedat ,
ilelif* «l« mind and formed de-ign. This
-•xpr.-ss malice is not inferred from the fact
of ki'.ling, but must lie shown liy external
circumstance*, sucli as torture, | i'izoning, ly-
ing in wait, etc.
The evidence n>u-t lie sneh ««lo est ablish
tiiis corclusion to a moral, reasonable cer-
tainly; lo tbe exclusion of any proper and
i-essonable douKt.
There sh">ibl Is- a firm ls-lief th-jt from the
evidence f<ef« re She court, a Jury d big its
duty ma A conv ..-t of murder in tbe *ir t de-
gre .
i. Kvery man is presumed lo ! • innot-eut
until hie guilt is e t«IJished by legai evi-
d-*n.-e. S isfficio-a is li.it pro- f, Wh'.-re Iwo
motives *r« t-i l e infsrre«l fiosn conduct, on«-
evil iicl "ST! lawful, the lawfa! mM:r inn4
le aesigiiefl- The law r«|>iire< il ; human-
ity demand* ; charity prompts it.
It t* a rule af l«ar,o!d and uii.:b*ifeng<«l,
that s here guilt is (olwdednesd from ejrew<ii
stances, «a/rk u:. a «J4iK< m ist I*. estaV-
talili be«| with certainty and the whole take
together must esJa'nlish gnilt to tbe exclusion
of every other reasonable hy|iotb« is.
3. Oo wbo frw:u ths eiiaratter. pre*.'ious
inml'irl and tore it« uf anolh-r, may have
reasonable rwiad to ap|irebend Ions «f life
nr great Issi^j injury at bis hands, ii not
bound to avoid him: and if upen a meeting
bis adversary do any ail calculated to ex-
cite reasonable apprehension ol an intention
to attack him he has the right to kill him.
Evidence of the habit of deceased of I tearing
arms, uf b:s violent, dangerons character is
sdmissltile in order lo show ground ft ap-
prehension on tfa« part of the acrustri. This is
the doctrine of tbe Hortaek case in 43d Tex- :
ss ttepurts. and is r*rcgt.ii d as sound in
all Ibe iw t enligbtea«il courts in the |"ai„n. i
Judgioc-nt of tbo Court.
Judge Uro ddus ainioiiiiccd bis
judgment denying bail, but declined to
give tbe reason* for bis aeii-ui. Fol-
lowing, as be said, tbe usual rule in
aueb msee, in order that Ibe opinion
of the Judge might have no possible '
influence upon (be case in a final I rial.
Miscellaneous.
rBAHKE, JAHK i SEELHOBsT,
I>e/J«rs in
Sensril Ewiwrs, Staves,
JIOI.I.OW AXI> Tl.\ WAKK.
Guns and .Hunters' Supplies,
Liverv Stables*
PARKS' STABLE,
I.IVKitV AND SALIC HTAI5LE,
SSlt
■ii iRuuaun
Jlofxcn mill IV-
bti hx for jsiife mill
Hire.
A IlKABHF. and
In variety of lfdilal
'iCaw-s always on
hand.
Also, orders for
the destruction of
the cutting ant promptly executed, and satis-
fact ion guaranteed.
!strut mm, Cr Su inly ii/i'l Jfurlit *t.
JOK V. 1'AIIKH, Proprietor,
A. TESTARD.
Livery
Paints, Oils, ^Window fllass, Belting
and
Agricnltnral Implemeiits.
AH kinds of Tinners, fiun and I^ick-
smith's work, and repairinjf, promptly ex-
ecntrsl. m i ly
HODDE & WERNER,
Wholesale and Retail Dealers in
Staple aid ruj Ir; Ms
AVI)
GROCERIES,
(Queen's Ware and (ilass Ware,
Furniture,
A.vn
(,' K.N BRA L M HIJCIIA XDISK
Main #(., Breiibani, Texas.
uiSO if
W28STII8 HOTEL
Tsscitad in tboiuintral part of the city.
Dealer in tine i-itock. Cattle and flop's
Corn and fislder and all kinds of country
produce taken as part payment for Milch
Cows, Poland China fluffs, etc.
S. 11'. Cor. of Sitixli/ mnl DoiiyUts <S'/s,
IS milium, Texan.
Central Route
TO TEXAS
HOUSTON AM TEXAS CENTRAL RT.
AMI CON.VKCTIO.NS,
Over 5,000,000 Acres of Land for sale
Iu Texas at fn m §1.30 to $10 per acre.
Srif 'rU'i* is the Only Line Untitling
Through the Central and butt portions
of the State ol' Texas.
Passenger Express Trains
and
-
Daily Fast Freight Unas!
Texas «"■'
Kansas City, St. Louis and Chicago!
Pullman's Palace Sleeping Cars
K.icb way, daily, without chaii^c,
BETWEEN ST. LOUIS AND HOUSTON
9
fJAKVKSXON, - - - - TEX Aft.
MRS, 13. WHITE, Proprietress.
Cor. Tremont and Mechanic, in5 fy
W. 2. WXL80H,
Blacksmith Shoo,
Cor. Quitman iiinl Dtiurjla*9 'Street*.
The lx-*( work
done a! this shop.
s| All Atrriciiltural
-j'Implements mad'
and repaired here
Kikikixg Ifoaso
a sjsieialty.
Hiikmiam, Tkxas.
J. W. Webb,
Coatrscior and Builder.
via HKDAI.IA and
Mi&souri Pacific Bailwa^.
THE SHORT LINE.
Pitiiinan's Palace Sleeping f'ars
ICuch way, without eiian^e,
BETWEEN DALLAS AllD ST. LOUIS
via VfXlTA and
St. Louis and San Francisco Ry.
Hpe ial iudueeinsnts lo Immij;rauls and
js'oiile (Wring to settle in the State.
For information as to rates of passage a«d
fiei^ht, routes, etc. apply in pel-son, o by
letter, to:
C. Ii. OKAY,
A. G. P. A.
Or fo
J. WALDO,
feb-fi iroirsTox, tkx.5 &
Proposals for Purchase of
Real Estate.
The Hoard of Directors of Ibe Washing-
ton County Ileal Estate, and Building a*so-
ciation will luiyiteal Estate improved or un-
im|iroved in the cily of llrenham, Proposals
. . , ,1.-1 • will lie relieved until May :lrd, 1H7C.
Budding or repairing dwelling houses it) ' ovifiiAlinT
dly or enirifry done neatly and on short no- ^
lice. Shop north of Ale*. Si mun's store, apt-I I m. Presilt
near the City Boarding House, ! - -— — * "
Brciiluttit, Texas, i
Is prepared lo do ail kinds of rejiairing,
Cabinet and Job Work.
j
A. C, Crawford. Lytic C.nwfoid
(lviftablisl:-;d ISis.)
A. C. Crawford& Sous
lm{wrters of
Crockery,
CIIIXA AXI) OI.ASS WAHK.
BBSS
A X f>
BEE HIVES.
A*«orte t'-rales of crockery always on hand.
Grab carefully pai-kel.
ni'r l v "•> Sirnnd Galvttrtoti, Texas,
J. McFarland,
11K.\ I.Kit IS
STATIONERY.
FAXCV GOODS, TOYS, KT<".
L'JfDKIt TIIK CKNTRAI, llOLSK,
Brenham, Tex.
A8BECK, HEINEKE It BRO.
Uealerw in
General
A full stock of
DRY (iOOliS, HOOTS, S HO ICS
a 0
RmIiiwI to Ibe l« r l figure# for casta
Cotton luugtat ber- at lbs bigbesl market
price.
Corner of Goat How and (jnifman si.,
ojijei-itc '"l<v Market.
lint.s'«.\m. Tkx
x as.
1 have the
AMKI.'ICAX IIIVE,
T11K T KX X KSSKK HIV K,
TIIK MISSOUIH IIIVK,
Hull fhink the American Hive Hie liest of
' the three, and equals any Hive in use. Its
advnrtage*! consist in—
1. The convenience in exlraclinir the hon-
ey from Ibe comb without breaking Ibe
comli, >o the same comb may be u*i«| by the
lioes for anallier supply; thus it is a greaf
laffor saving hive.
2. The wonderful facility with which a
swarm may t>e transferred from one liivsft
another, or from one ajcirtmenf fo alio*ber in
the same hive,lo make nrtiti.-ial swarms,
3. The superior advantage in raising
<jiiw ns.
f have swarms to sell either with, or with-
out hives, and can furninb
j Pure Italian Queens Eeafiy for Use
On Reasonable Terms.
Cull at my reeidence, or address by
if.il. PttJCE,
i felil - tftn . ItixMibam, Texfl«.
B.ELDKIDGE&CO,
WHOLESALE .VXD HETAlL
IrEAI.KItK I*
STAPLE AND FANCY
GROCERIES,
Main St.. Hiikniiam, Texas.
Ii
t
-'.V....
)
♦ # %
<m^yaimm..x r|).
\ V
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Spann, S. G. The Texas Sentinel. (Brenham, Tex.), Vol. 2, No. 9, Ed. 1 Wednesday, May 28, 1879, newspaper, May 28, 1879; (https://texashistory.unt.edu/ark:/67531/metapth235714/m1/4/: accessed June 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.