The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1878-05-04
ARRESTED AGAIN.
Pipes and Herndon in the
Hands of the United
States Authorities.
Their Completely in the Late Train
Kobberies Almost Settled Fact
Is the Belief OF the Authorities.
Their Efforts to Obtain Bail Before
United States Commissioner, Although
the Sun Is Offered, EmphatieaIIy
Defeated by Marshal RUSSELL.

Discovery of . Gau soes wound On
Pipes 8oay Of . saspecioa. Nature
Pipes, Heradoa ana the Negro
bka9gs AurRIea on 20 Tyler
Samuel Pipes and Albert Herndou
We're again arraigned for trial Fri
day morning, in Justice McLures
court, charged With stealing and rob.
hing the United States mail.
The prosecution, represented by
MIR. Robert Cowart, stated that they
were not ready to go to trial. owing te
the absence of witnesses, and moved
that the case be continued, so AS to
have time to gather and marshal their
testimony. Judge BarksdaIe appear
ing for the defense, agreed to postpone
the case until Monday.
RR-ARREsTED.
As Pipes and Hernion were passing
out OF the room they were re- arrested
by Deputy United States Marshal An
derson, on q charge of robbing the
United States mail and endsnrsrinp
the life of the agent by the use Of dang
erous weapons. The prisoners were
carried before J. NJ. Hayes, United
States commissioner. to determine the
validity of the arrest. The small Office
was soon crowded with officials, the
FRIENDS OF THE PRISONERS
q Fh NJ hxr h. -.
mere curiosity. One of Lieutenant
Peaks raagers was placed II the door
to keep back the crowd that attempted
to press its way in.
Judge Barksdsle addressed the court,
claiming that the prisoners lad been
re-arrested on the came charge rs that
on which they were taken before Com.
missioner FearD, and In much Is
they could not be tried twice for
the same GfIense by two different
courts, he claimed the commissioner
had no jurisdiction in the matter.
Colonel 8. II. Russell,
UNITED STATES MARSHAL,
asked that time be given him to pro-
cure an attorney to reprepresent the
United States. which was granted.
Mr.. Covert again appeared for the
prosecution. and argued that while the
United States court was in session, rs
1t was at that time at Tyler, no com
missioner had authority to take a bond
for such offenses, but that 1t was alone
within the Jurisdiction of the court.
He stated that the charge WAS q seps-
rate and destinct one, and that the
prisoners should be detained. Judge
Barkesdale
FOR THE DEFENsE
stated that it was one and the same
charge, and as the prisoners had already
been placed under bond to answer the
same, he moved that they be dis.
charged.
The court overruled the motion and
placed the defendants
UNDER BOND
of fifteen thousand dollars each.
Judge Bsrksdale stated to the court
that the bond was exhorbitant, and
that 1t would be utterly impossible for
the prisoners to give such bond. He
did not want them to go to jail again,
and he insisted on u trial then and
there. 1t was not pleasant for young
men like them to be in prison under
such heavy bond,
The attorney for the prosecution
stated that his witnesses we're all
absent and he would insist on the
court
P0sTPoNINa THE TRIAL
until Monday, which the court grant.
ed. setting the time of the trial at nine
O'Clock, on that day.
In default OF bond the prisoners
were committed to jail.
After the decision of the court, the
prisoners appeared to be rather crest.
fallen. but did not utter word of any
kind concerning the amount Of the
bond.
About four o'clock In the evening
An effort was made by the friends OF
the parties to raise sufficient bond, and
soon the following
SUBSTANTIAL NAMES
were secured to make good the
bond. John McComas, John
H. Cole. A. q. Collins, I. J. Nasb
B. F. Fleemsn. Elisha McComas
aud w. F. Daniels. Their aggregate
worth, over and above their liabilities
amounted to thirty-seven Thousand fiy,
hundred doilars, while the bond re.
quired was only
THIRTY THOUSAND DOLLARS.
The bonds were filed up, ready fol
the signatures, when Judge .Barksdale,
the attorney for the defense, ask cd
that the prisoners be brought
from the Jail into the court
stating at the same time to the court
that he had understood Colonel 6. H.
Russell had given instructions t.
the jailer not to allow any one I,
handle the prisoners save = Unitee
States officer, and that he would ash
the court to issue an order to the jaile
to bring them into court. He saie
that the marshai had ovsrstepped hi,
authority, for he had no right :.
dictate 70 the civil officers o,
~ jailer; that Captain Anderson
ldeputy United States marshaI