The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-10-02
LooMMUNIoArED.l

AUSTIN, September 18, 1873
Editor statc sloutaal-The communica-
ton of E.sG. Gartncr, civil engineer, IN
your issue of 10th inst, in so far as it con
tains reflections against Justice J. w. Smith
for his action in Gartners case, is false, as
know from a knowledge Of all the facts in
said case from beginning to end
GgrtBer on the twenty-third day Of June
hired horse, saddle and bride from Capt
Wilson, to visit friend in Bastrop county,
to return in three days. Two or three
weeks afterwards Wilson received a card
I,ost marked San Antonio, from Gartner.
stating that his horse was at Aug. Krumans,
seven miles from Rastrop, on the Port La
vaca road. Mr. Wilson, at an expense OF
twenty dollars, sent to Bastropcounty, but
Mr.. Kruman being a stranger, and living
sixteen miles from Bastrop, the messenger
could learn nothing Of him, in fact, was in
formed by old citizens there that no such
man lived among them. DR.. Wilson learn
ing that GARNER had sold a pony az New
Braunfcls like his, naturally concluded that
Gauner had fraudulently appropriated bis
property; and accordingly on the
twelfth Of July hc made the afiida-
vit on my advice, charging Gartner
with the ofIense Of theft, and Al
that time the facts within our knowledge
were susceptible Of no other construction,
and even now, with al the light on the sub
ject, when we consider Gartner's cool recil-
lcssrcss and indifference to the owner and
his property, his conduct approximates
stealing as q FIVE franc piece does q silver
dollar. Why did he not return the horse
10 The owner rs be was bound by laW--by
rI.tt IN
back was sore, could he not have led him
baekg lie raised means by tradinga friends
property (as / am credibly inforIned) 70 get
4 pony 20 90 as far as New Bfaunfeis. Why
did he require Mr. Wilson, who had accom-
modated him, to lose his time lis money.
and the use Of hi8 horse Tor months, and
that, too, when he lGartneD had pledged
his word 70 return aEd pay for the use 81
the horse 81 three daysl When GARNER
was arrested be was brought immediately
before Judge Smith, and bis bail was fixed
then and there at $500, and attachment IS
sued forthwith 20 Hastrop county for bis
witness The postponcmeDt Of the case
from time 10 time was 40 the instance 81
Gartacr and his counsel; in fact. tie action
of tic court was of the greatest indulgence
20 llim. GARNER actually refused 70 offer
bail, expressing u his frierds q maudiin
preference for confinement IN Jail.
] controlled iliis case, and am rcs ponsibie
Tor is management: would d. the same
thing tomorrow under Ike circnnls tanccs.
bccausl it would become my duty = DO %.
There would not bc q murderer of
thief convicted IN the county, if bis word e
% what hc could prove uae - De taken e.
true. For al arc inu0ccnl when brought
into court. Bat g % GARNER, Judge Smith
hnd nyseIf united our efforts With his
ftfends - every conceivable way 20 procure
his Testimony. and J am safisfcd they viii.
swear 70 ff. 81 Necessary. Review >.
(iaffucr conduct. Itinfurcd she o's.ssil4
the holzc at least $50; i injare ~.
= fi'l.. .. 49,. 49,. ~ ~ ..is trouble ar5
iee 4e.ss 1sl.s I. -. ~. - Wiftoot tle -. :.
etti 49, Z, 12>-d iAe whole resnif,1e = .
-. 3, :. ~. =. 'skie and Viilfal not s. !.
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