The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-04-27

hhhkks uWrrt~u OU 10 IyIer,
Samuel Pipes and Albert Herndon
were again arraigned for trial yester,
day morning, Ia Justice McIIures
court, charged with stealing and rob
bling the United States mail.
The prosecution, represented by
Mr.. Robert Cowart, stated that they
were not ready to go to trial, owing Il
the absence OF witnesses, and moved
that the case be continued, so IN Il
have time to gather and marshal theil
testimony. Judge Barksdale appear.
ing for the defense, agreed to postpone
the case until Monday.
RF-ARREsTED.
AZ Pipes and Herndon were passing
out of the room they were re arrested
by Deputy United States Marshal An
derson, on charge of robbiDg the
United States mail and endangering
the life OF tho agent by the use OF dang.
crous weapons. The prisoners were
carried before j. NJ. Hayes, United
States commissioners, to determine the
validity Of the arrest. The small Office
was soon crowded with officials, the
FRIENDS OF TIE PRISONERS
and n number who were attracted by
mere curiosity. One of Lieutenant
Peaks rangers was placed at the door
to keep back the crowd that attempted
to press its way In.
Judge Barksdale addressed the court,
claiming that the prisoners had been
re.arrested on the same charge AZ that
on which they were taken before Com.
missioner Fearp, and in much ~
they could not be tried twice for
the same oflense by two different
courts, he claimed the commissioner
had no jurisdiction In the matter.
Colonel S. 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, as
it was at that time at Tyler, no com.
missioner had authority to take bond
for such ofienses, but that it was alone
within the jurisdiction Of the court.
He stated that the charge was sepa-
rate and destinct one,sand that the
prisoners should be detained. Judge
Barkesdale
FOR THE DEFENSE
stated that il 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
UNDEh bOND
of fifteen thousand dollars each.
Judge Barksdale stated to the court
that the bond was exhorbitant, and
that it would be utterly impossible for
the prisoners to give such bond. lie
did not want them to go to Jail again,
and he insisted on 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
PosTPONING 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. G. Collins, I. ]. Nash,
B. f. Fleeman. Elisha McComas
and w. e. Daniels. Their aggregate
worth, over and above their liabilities,
amounted to thirty.seven thousand five
hundred dollars, while the bond re-
qulred was only
THIRTY THOUSAND DOLLARS.
The bonds were filed up, ready for
the signatures, when Judge Barksdale,
the attorney for the defense, asked
that the prisoners be brought
from the Jail into the court,
stating at the same time to the court
that he had understood Colonel s. H.
Russell had given instructions to
the taller not to allow any one to
handle the prisoners save q United