The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1874-04-19

As good matter for our sundays
paper, at the request of iriend, we
reproduce from the Corsicana lndepen-
dent of June q, 1872, the following &C.
count of the trial Of an old Texas sol
der on an indictment for gaming,
The truth was that the old soldier had
been accidentally drawn into little
"a ne and was not In any sense gam
bier:
"a TOUCH or NATURE MAKES THE
WHOLE WORLD KIM
The district court in session here,
was the scene Of an episode on the third
Monday, Of the most beautiful and
touching character. Captain Joe.
Sovereign, u relict of the Texas revOlu-
ton and Mexican war, was indicted
by the grand jury for gaming, and
solicited us rs counsel, On the morn
ing above indicated, his case being
called, we arose and addressed the
bench in his behalf. Our remarks
covered his gallant services for the
republic, and through the ilercely-con-
tested fields of Monterey, Buna Vista,
Palo Alto and san Jacinto, where he
first drew his maiden sword for his
countrys defence and his country's
honor. Gazing upon the prisoners
feeble frame, his whltened hairs, and
his falling steps; when we thought
how soon he must lay down the staff
of n life whose spring and summer had
spent its glorious passion for his
devoted country, our emotions were
such rs TO render us insufficient to do
the heroic sacrifices of the hoary vete-
ran adequate justice, and lest our inn
pressionability might jeopardize the
case, we hastily closed our argument.
The flame once kindled, however, 1t
found sympathetic glow in every
heart, and Immediately on resuming
our seat, Colonel Mills rose and in "A
mastery and feeling manner address,
ed his honor. He supplemented our
synoptical presentation of the soldiers
valor with that splendor of oratory,
moved by the picture of helpless age
seeking for mercy, which has placed
Colonel Mills in the fore front of the
leading advocates Of our State. Sue
ceeding the effective address of Colonel
Mills, was the cogent and manly de-
Tense of Colonel Croft, who concluded
by introducing the motion "that the
bar mem con petition the district attor-
ney to withdraw the charge in view
of the past services of the prisoner as
u patriot and a solder.n The motion
was no sooner put, than the liberty
pole of the accused was sealed by the
voice of bench, bar and spectator in
one solid "AYE'! Colonel Winkler
then addressed the court. He assumed
that he "would be derelict in duty to
remain silent upon an occasion ofsuch
deep interest," ltmade him "feel that
republics were not ungratefQl," and |
that "this old veteran should not be
dealt with harshly in matters, if not
tliv.al in themselves, were not conclu-
sive of moral turpitude.
The Colonel spoke under the spell of
deeply moved sympathies, and was
followed by the district attorney, who
opened his remarks by commencing
the bar upon its noble magnanimity,
as shown in its humane desire to see
the prisoner reinvested with his liber-
ty, and affirmed it to abe the proudest
official act have ever been called up
on to perform" and that Gin the name
of the state" he would mot prosecute
the casc,n and asked "the court to dis
charge the prisoner" to which Judge
Wood responded as follows:
81 have listened with interest and I'M
feigned emotion to the statement made
by the counsel Justice is presented as
blind but we are no where taught that
she u ever callous to proper appeals
from her handmaiden, Mercy. 1t is
true that the courts IRE especially |
charged with the suppression Of vice
so alluring and prolific of evil SO enor-
nous, as gaming, and this court would
be recreant to its duty did ii not en-
force with rigort the penalties prescrib-
ed against the practice But gentle
men, the recital Of the counsel of the
sacrifices made to secure the independ-
ence of the republic, OF services render
ed as ranger during the Mexican
war, and the appeal made in hehalf OF
this old soldier is entitled to considera-
ton.
That he is guilty as charged is not
denied, but it becomes us with this
record of his past life, and now that
the frosts of nearly three score and ten
winters have whtened his brow, with
turned face to throw mantle over his
failings, rather than expose them to
vulgar gaze. 1t was well suggested byd
the counsel that old Rome would not
permit al old soldier convicted of
crime, and whose body was covered
with wounds, to beled out and executed
in sight of the battle fields where he
had acted so nobly. III view of Goliad,
the Alamo and San Jacinto, of Palo
Alto, Monterey and Buena Vista, this
court can entertain no jurisdiction of
this case, and the clerk will enter up
the order "dismissed by the state"
Go, old veteran Go in peace y II
This was an incident as rare as 1t
was affecting, and will long be remem-
Lered by bench, bar and spectator.
Nav this manifestation of appreciation
and gratitude ever be the rich inner
itance of the old battle-scared veterans. |