The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-05-03

AkRESr AND fDENIIfICAffVNV VT AaS ~
WAS TWENTY YEARS 400 sENTENcsp y
peATH FOR MURDER AND WHO IL NO" ~
suryER THE PENALTY.
SAN ANTONIO. texas. April 24.-The DIS
tgics Court OF this county has Just dec'ueo
case which. because OF It's mover nature
must be classcd among the most inIsres'iul
and celebrated cases OF the day. Inc cass
IL STYLED " The State OF Texas Us. LANES
Reardall oiios James Dennau.' ana the
charge Il murder. II will interest ou'
readers 10 M given history OF the case.
To do This II * necessary to take toe points
from n statement Of facts In The case OF TOE
STATE against one Draper, who was Jointly
ind,sted with Beordall at the fa'i Term o.
fbe Bexar County District Court, Ia Iooo'
Tho narties Beardall were charged WIN
the foul ASSASSINATION OF one
LOUIS WARE,
on the 4ih OF February, 1858. about TWO
miles from old Fort Lancaster. ware Mss
the beef contractor for the post, ana DEAF.
all and Draper were soldiers, the ior"'e la =
tried and convicted, and sentenced 70 yea" ,osn
=, ,he isJ, term OF The District Court, 1907
hi, escaned from prison and fled 10 Mexico
Tie =, ade his cscape on the 18th OF Decem-
her 1870 II was well known that the man
had ned 10 Mexico, aud many persons mho
he'd known him here saw and recognileo
him nj various places across the MO ur'pue'
He was rtcaptured and returned TO the Gus
todv ~ the officers OF this county, ABOUT
two and half years ago, by Captain Lee
H.lvs state troops. In Mexico be went py
tbe name OF James Dennau, ana th's nsn'c
no stIIl sticks to. Before referring 10 tue
more recent developments In this case, some
points from
rur ORIGINAL STATEMENT OF FACTS
,,,,, no in order, that the reader may obtain
an idea OF the nature OF the cuihe WIN
which the man Is charged. These facts
were eIicited at the trial OF Draper, the pa
pers. including the indictment in the
Beardsll trial, having been lost or stolen.
Michael Reagan, 8 soldier, swore: On tbe
4,h Of February last saw the prisoner,
Draner. and Beardall leave Fort Lancaster
with Louis Ware. 1t was between 0 and III
o'clock i'm the morning. Prisoner and
Beardall returned between / and The
same day, Ware did not return. The next
day. or The day after Ware left the camp with
prisoner and Beardall, Beardsll came to the
guard house aud borrowed my hunting
6oo,s. saving ut the same time tbat ne
had something TO tell me. He returned the
next evening and called me out OF the
ppard. house and told me that he had killed
Louis Ware. Ware was on horseback, prison
er and Beardall on foot armed with rifles, the
three epcampinQ together. Prisoner ana
BeardalI were escortiDg Ware to irail
which led into the main road from Fort
Lancaster TO San Antonio, and which saved
about eight miles OF travel. Carriages OF
wagons could not 60 that way. The party
with whom Ware was Intending to start had
gone on some hours before, and Ware TOOK
that short cut TO Overtake them. ware was
n beef contractor at the post and had sold
out bis contract for $4,000 or $4,000.
THE MURDER
was a most cowardIy and atrocious one.
The Jury did not hesitate in pronouncing
it MURDER In the first degree. An opportu.
pity presented itself, and Beardall, sided
by three counterIeiters who were in prison
with him, knocked down and gagged the
Taller. escaped, and fed TO Mexico, where
feardaI, remained until the time OF bis re-
caEture about two and hall years age.
When be escaped be was young man, With
out beard and with heavy head OF hair.
Now he has long black beard and is bald.
The changes wrought by time in this lapse
of twenty years were rather remarkable,
and when be was returned TO the custody
OF the officers OF this county many who had
known him well and who had been present
Mt the time OF his first conviction failed to
recognize him. Others, however, had not
forgotten the peculiar expression OF his
conference.-the black, clear, and piercing
eve, and muscular or physical peculiarities.
Shortly after bis return he was arraigned
before the court that
TIE QUESTION OF HIS IDENTITY
might be settled. The evidence OF large
number of witnesses was taken, among the
witnesses being the sheriff at The time OF
his original trial, John Dobbin, our present
congressman, Columbus Epson, who had
aided in the prosecution. and several others
whose positions justifis d them in speaking
more definitely and positively as 10 the
Identity OF the man. These witnesses
swore positively that the man was James
Btardall, and not James Dennan, and the
Jury decided in accordance with their evil
dence. The case was appealed, and one OF
the points made by appellant was that there
existed no Indictment or statement oil facts
by which the court could decide the case,
and the appellate court sent the case back.
The indictment or statement OF facts in the
Draper case was then found by the prose
cutting attorney and offered as substitute
for the indictment in the Beardall case
which had been lost or stolen from among
the records Of the court, as previously re-
marked, and the case came up again lev
DAYS ago. Several witnesses swore thai
they saw no resemblance between the pris
pper mt the bar AID the man James BeardalI
who had been convicted in 1859 for thu
murder of Louis Ware. though nearly ;
dozen good witnesses declared positively
that
THE PRISONER WAS JAMES BEARDALL.
Ex.Sheriff Dobbin said he was sheriff IL
1859. and James Beardall was in his custody
about fourteen weeks. Was present wher
he was tried. He was now In court. Wa
as positive as be was OF his own identity
that the man vas James Beardall. "Ht
was In my custody" said Dobbin, "unti
ne broke fail on the 14th OF December, 1859
and the prisoner Is the identical man wht
was tried for that murder. AT the time HI
had good head Of hair and forehead thu
same us now. know him by the expires
sIou OF his c0untenaDce. am certain tha
am not mistaken Us 10 the man."
An old man by the name OF II. Z. Moor,
also identified Beardali, and produced IL
court letter written him by BeardaIl frou
Mexico, which was signed, "James Den
nan. formerly Jan es Beardal."
The jury did not hesitate In finding tina
the prisoner was James Beardall.
But this strange case Is still In an unset
tied state, for 1t has been again appealed
and new points are brought up by defend
ants counsel, who say they will yet succeed
IN securing the man his liberty. At presen
the sentence OF death, pronounced twenty
one years ago, hangs over him, and sh0ult
the appellate court affirm the recent actor
OF our district court the man will be hapget
for the murder OF Louis Ware. Beardal i