The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1869-01-15

| f.ud him. The dsfssce made ont
| it, case o beet il could, 10 The ises
Of the coss,asivs testimony Of esi's
srsiss, the qsasi pvi'osss, shsford
~, without opening his mouth, when
judge Bsuks rendered Tie following
essrsordiassy desision
Tur STATE ov texas, rs. c. II.
Bcs,wick and John MeGimley.-.
Hcbsos Cb,pm On the charge Of
wandering Copt. Perry. The opin'
ion Of Wins,oa Basis, Judge OF the
s,A Judicial District Of the State Of
Texss.
o. % secussties sf murder, The
psisndssss hare bsea arrsstsd By
the Sheriff Of Mssioa county, aud
thsir csuss u ses before ne for cos
sidsratlos undsr and BY virtue OF .
writ Of Habsas Corpus. Are the
Dsfsadast, or either Of tsss esilty
Of uusdssi Defendant Bostwick, .
United States " detective" At Jsdsr'
,ou. obtaised - order from Brig
Gen. Baell, conuandsat Of the Post
| At Jedsrsoa, for The arrest Of one
Con nsr, . supposed aceonplics ia tho
murder Of @. W. Smith. Usdsr
this order be took usder his coairol.
. Sargent and a squad Of soldiers,
and posted them on tho niRht Of
Jan. Pad, 1869. around the hose Of
john vipes, in The innsdia,e vicin-
| itv Of The rssidsnce Of Capt. Perry,
the deceased. Mrs. Viass was the
sister Of Coaper, and he was expect
cd on that night to get clothes OF
money from his sisters house, to
enable him 70 escape. Sons half a.
hoar aitsr the sargeaas and his squad
had assumed position arousd thu
Vines houss, . nan wss ssea sP'
proeehing he visss houss stsslshily
He appeared q il wsishisg thiuRs ID
he Vins's hoes. h. took kind Of
ssni circle, ssd then seemed - If hs
hsd discovered Deiesdasu, and Wa
attsn ptisg 10 retire. He Was order.
ed 70 halt. This order wss repeated
four simss, b continusd TO push on
asd paid 10 attention 70 the order
Three guns were irsd-Cspt. Perry
vas killed. The sqsad vas usdst
the control Of Bostvick, and at biz
! suegcstios, the aring vas done
Two gus were 6red 10 the air, and
the third, 10 the hands Of John Me-
Gimlsy, . U. s. soldier at Perry
. The uight vas very dark. Amer shs
shooting Perry fsll, szelsinisg, oh
ny Cod and the soldiers went VI
. sad asked who be Was, .nd sarrist
hin into The V;ns's house and de
parted. Under these facts, 10 Bost
wick guilty Of murder? Now We Ar
: under = military government Their
was M order issued for the arrest o
J, Conner, the detective and this squas
' was entrusted with the execution o
this order-Perry approached susp'
cioasly at the place at which Come
was expected, and on challenge re
. fused to halt. Under these circum
, stances the party had RICH, to shoe
4 him, and his death is homicide pc
/. infor'snm'n, aud not murder, an
therefore inc Ds'en'a0" are az
'' WINSTON RANKS
Judge 9Th Dist, Texas.
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