The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-12-25
TIE RoDnIaUEz cAsE.


announced that he was quite indisposcd,
and expressed his fears that he might be
compelled to retire from the bench as he
had premonitions Of an approaching chill
Upon this announcement en- adjournment
was suggested, as the counsel on both sides
desired that the argument should be heard
by a full bench. His Honor, c. j. Ogden,
suggested that in case Judge Walker should
find il necessary to retire from the bench,
the court would Immediately adjoum-as the
magnitude Of the case was appreciated by
the court, It should be heard by a full
bcpcit
TIE case was about to be opened for the
applicant by reading the application for the
writ, when Major VIM. Walton stated that
he desired to present to the court prelim-
mary motion, which might have the effect
Of postponing hearing upon the merits
until such time as would be necessary to
enable the court to bring before it the ne
cessary witnesses to establish the facts
charged.
This motion was in the nature Of plea
to the Jurisdiction Of the court to sit, to
hear and determine a case, and extort from
tho court IN opinion upon a great constitu-
tional question, in case which was
''hatched up in the interest OF few de-
feated asplrants for political Office. The
motion was sustained by an affidavit Of
Judge Goldthwaite, Of Houston, which aft
dayit disclosed the following facts: That
deponent believed and charged that the
present case was fictitious case, instigated
by A. B. Hall, defeated candidate for
sheriff Of Harris county; that several
days before the arrest of the applicant,
Rodriguez, deponent, was informed that
the Hon. A. j. Hamilton had been en-
ployed by the said A. B. Hall to at
tend to the criminal cases that were
about to be brought; that deponent was
informed by Jeronimo Perez, that A. B.
Hall was paying the expenses of said Rodri-
quez; that deponent Of his own knowledge
knew that Price who arrested Rodriguez
was in Halls employ, and that Hall was
paying the expenses of the chief witness,
ex-Judge J. w. Mcdonald who issued the
warrant Of arrest. We give the substance
Of the affidavit and notion not being able
to procure copies thereof The motion was
argued by Major Walton and Judge A. W.
Terrell aud by Hon. a. J. Hamilton, when
the couIt took recess to consider thereon.
After retirement the court met and Judge
Ogden, after alluding to the gravity Of the
question involved, announced that the court
would adjourn until 10 o'clock tomorrow
morning.
Upon this announcement F. NJ. Spencer,
Esq, District Attorney for the Criminal
Court Of Galveston and Harris counties,
who had been appointed by the court to
represent the State, rose, and after stating
that he had given his attention to this case,
it having originated in the county of Har-
ris, and within his jurisdiction; that the
case had been presented to the grand jury
of Harris county, now in session, and had
been examined into by that body without
eliciting any evidence that crime had been
committed and that he was satisfied from
thorough investigation, officially and other
wise, that the case was fictitious gotten up
to subserye private interests-and not desir-
ing an imposition to be practiced upon this
court, he moved that the court dismiss the
case and discharge the prisoner.
TIL motion, praying for the discharge of
the prisoner, WAS resisted by the counsel
for to accused. Is any more evidence
wanted TO show that it is a case cooked
upn FOR the occasioni
Tho proceedings IN the Rodriguez case
on Tuesday assumed no particularly
new features. The counsel for the pc
titioner, however, developed plainly the
fact that it was not the writ Of Aa-
beas corpus which they wished acted
upon, but the constitutionality Of the
late election. After the fact was presented
to the court by 1Er. Spencer, the district
attorney Of the criminal court Of Harris
county, that the grand jury Of that county
had had this very case before it in
,tho last few days, and had found no
oEsinst Rodriguez, it would seem that
Inexperienced lawyers would have asked
the discharge Of the prisoner; but not so.
They whipped around, and the anomaly was
presented Of the employed attorneys Of the
petitioner holding that he must be
proven innocent by other evidence before
they would submit to the case being dis
missed. The court, at every stage Of the
proceedings, showed more inclination to go
deeper into the case, and suggested to the
counsel Cor the State that they send for wit
nesses and have them here for the trial to-
day, II necessary. The effort Of the coun-
sci for the petitioner, Hamilton and Others,
has been TO push the court to the issue Of
deciding upon the constitutionality of the
election. It remains to be seen whether it
win reach this point, and If this is to be the
case, we hope the court win act speedily |
The late contest has been made in all good
faith By both parties, and il two defeated
Radical candidates for the State Senate
can, by any hind Of argument induce the
Supreme Court to look through the
same glasses with themselves then the poo-
pie Of Texas might as wen know its decis-
ion at once. II bitter cupis in store for
them, the realizalion 81 that bitterness had
e. well come new IS to Be delayed. The
acts Of an intelligent Legislature, the Win
Of fifty thousand majority they are to be
defeated, ignored, the developments conse
oucnt thereon had best at once begin to as
sane proportions.
srEPHENs on HIGH sAnARHEs.
TIT late speech Of AR Stephens, 81 Geor
gia on the repeal Of the salary law, IS not