The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1875-01-30

tilul VIII iSSo'ei' NNf ~
upper lip"
State Va. j. =. HOrbnch.
J.J. Brooks opened yesterday morn
ing for the defense, asking the jury to
give the case patient and impartial
Unconstitutional was one thing to
charge, but another to prove. The
prisoner, in his opinion, had com
mitted no crime known to law, but
had acted in self defense, obeying the
great law of self preservation. He did
not propose to impeach any of the
witnesses testimony. 1t was conflict
ing, but it was for the jury to reconcile
those contradictions, not the counsel
The prisoner was presumed to be ill.,
nocent, and the OnuS prOJdndi was on
the prosecution. The death of the
deceased was not proof of guilt OF the
prisoner He would endeavor to elu-
cidate the testimony, in which there
may have been errors and mistakes,
but no false swearing. He had high
regard for Mr.. Bogel, and pleasant re-
lations with Frank, the barkeepcr
who was an open faced, honest boy.
He reviewed, however, Bogeps teS-
timony severely. He took up Duck
worth's testimony, compared it with
Bogeps and said one of the two were
mistaken. Bogel testified that the de-
PENDANT went out of the rear door
Frank testified that he went out of the
back door. He admitted that Hor-
bach did the shooting, and was justi-
fable. He read several decisions bear
ing on the case in point from tile SD
preme court of the state of Illinois aud
asked the jury to apply the same TO
the present case. He said the motto u
of Thomas with his hand was most
significant one. When Thomas look
ed at the clock and made the remark,
he intended to "usher in the new year
and baptize it with the blood of Hor-
BACH" he did right to kill Thomas.
He said it was no murder and was JUS
tilted by the laws of man and the
highest law ACKNOWLEDGEMENTS.
A railway ring had employed coun-
sci to assist the district attorney. Rail-
road men were robbers by occupation.
The Texas and Pacific was Il corpora
ton without Il soul, and the Houston
and Texas Central railroad never paid
q dollar they could avoid. Was not
that pretty layout, ETC., ana made
some gratuitous remarks about railroad
men, their fine clothes, diamoHds, hon
esty, etc. Public opinion was IL cruel
Jury to try man by. He alluded in a
complimentary manner to the kind
sympathyand Offices of Sheriff Barkley
and family to the prisoner; also to the
services of defendant in the confeder-
ate army.
A slight demonstration ofpp'ause
followed the close of the speeclh which
was promptly checked by Judge Hare
who remarked he would clear the court
room instantly if it was repeated.
J.J. Good followed Mr.. Brooks ard
spoke for the defense for two hours
1t is proper that the people should
know whether prisoner got his due
when life and death are at stake. The
position of counsel for the prisoner,
was based on the right Of self-defense
The worm when crushed would turn
again. Read the law defining the
circumstances under which honli-
eide is justifiable. IN defense of person
and property, the person attacked Is
not bound to retreat to avoid killing
his assailant. He reviewed the testi-
mony of the states witnesses. Drunk
enness is 10 palliation, but an aggrava-
ton of the offence. No appeal should
be made to jury in the administra-
ton of criminal law.
Ed. G. Bower closed for the prosecu-
ton. He wished the jury, without
sympathy, fear or favor, TO find ac-
cording to the law and evidence. Be-
fore he would ask a jury to convict al
innocent man might his body he
where Thomas now lies. He said
law of self defense was the highest
law-no human legislature gave il,
none could take it away. But killing,
when admitted, is fixed then and
tl,.ro ~, no ,,,urdar I'm thu spcond ia-
gree. He said the defense must prove
that Thomas was In coalition to
commit an assault. lie reviewed i'm q
severe manner the testimony of Purdy
Wilson. He said Thomas. when Kill
ed, must have been in the act
of committing an assault before
the defendant could avail himself OF
the law of self-defense. He compared
the diagrams of the witnesses and the
diagram drawn by Judge Good, point.
ing out discrepancies to the jury as tc
the position of Purdy. The counsel
for the defense invoked from the jury
mercy that the defendant did not SHOW
to the deceased. He would dislike t.
live in a country where a motion OF ths
hand to the coat tail, or abusive wcrdi
would be answered 10y a shot. He be-
lieved the prisoner at the bar guilty.
Murder should be punished. District