The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1881-03-10


tb1 day Of tho murder. Mr. Smith, the jug-
tieo of tho peace, said that on the night pro-
oodina Chs da.enf the murder, Hubby sthyed
at his house and had blood on bis shirt; and
Mnior Il. IA. Smith, . merchant of Cameron
and county .foasuretef, says Hubby brought
him fresh beef on tho day preceding that Of
tho murder.
haye known this witness, Bob
Todd, for about thirteen years.
de frequently figured on the
criminal docket of Milan county under
charge of thief. and lelOnious assaults. Ho
was one Of a psrtY of lawless characters who
were witnesses for each other, and by that
means, generally escaped conviction. As
prosecuting attorney for several years in that
county, J. had opportunity of studying and
knowing Todd well. He is an INSCRIPTIONS,
bad man; capable Of committing any crime,
and would not think of giving tho slightest
credit TO his testimony in any matter where
he may have IA interest, or Il motive 10 speek
falsely. 1t is worthy Of note that the Todds
were not known as witnesses ut tho trial OF
the examining court, nor until Todd had sue
ceeded ia becoming tbs owner Of all Hub
by's property, aod Mrs. Hubby Lad gone be-
You'd the reach of the court.
The facta Gfthey we're facts, but mention d
only by rood) that Huboy's horse hsd
sweat on him and prickly pesr briGfs in his
breast. are cvn.i.tent with the theory thst
Hubby had been COW hunting lsle the even
Jog before, and TINT no had been riding
through the same country on his way TO Ad.
Halls. HuOby's story was nos 1T all
unreasonable, that no had been lost
in riding through the country without road
after the moon had gone down. Todd is
quick however TO mention ia that connection
that Hubby was fa;nliar with the country.
3. The testimony of A. A. (Turs) Besl
on one point 10 not correctly given in the
s.atame0. of facts. What Besl did say was
that he remarked to Hubby, "wns it not s
green thing in man TO wayiay aud Kill an
other, and drag the body on the ground A
man ought to have known no cou!d be
tracked" TO which Hubby replied that it
did look green" Further on in his exam
ination, Besl said be could not be certain
whether he said to Hubby, "a man ought 10
have known he could be tracked" or, "you
ought to have known he could be tracked"
bus thought his language was as at first
stated. If it was, the reply OF Hubby WAS
no more than any one eise would have made,
snd meant nothing. At the worst, it was
doubtful az TO which of the two expressions
wss used, and Hubby should have the doubt
in his favor.
4. The testimony of William Roberts rs
to conversation with Hubby on
tho Saturday following the murder
WIS, really, that Roberts said to Hubby,
"this is a bad thing you have got iRto; that
man Gardner has been killed, and the people,
believe you did ii;' to which Hubby replied
either that ''if he had done it he would have
been iustifsble," or "if no did do it he was
iustiiable"- witness could not say
which expression was used. But (though il
does not so appear in the statement Of
facts) Roberts testified, as did Beal, that
HUBBY said in the same connection that he
"would not kill any man except in self de-
fense."
Now hers, as in BesPs testimony, we have
two different versions of the language used.
The ore might, the other could not possibly
be construed into an admission of guilt
The witness il unable to say ahich was used,
and thus it is left in doubt 1t certainly
ought not 10 be assumed that tho express
sion most unfavorable to Hubby was the one
used by him, especially in view of the declsr-
alton that he would kill no man except in
self defense. His use of the latter express,
sion was equivalent to denial that he had
killed Gardner.
8. There can DO no question that the
bloody rope and cloth ng exhibited
before the jury wero powerful
inducements 10 verdict of con-
and there is no doubt in my mind
thai HUBBY suffered = great injustice by their
exhibition.
Gardner WAS killed on tho 9th of
Hay. The rope wss not heard of until June
IL, when the information concerning its
whereabouts was eivea by the man Pope,
whom it 3ppes-s was then living with Mrs.
Hubby. Though not directly introduced Ia
evidence, the rope WAS shown to witness in
the presence of the jury, and remained in
their view during the trial. One important
faot concerning the rope not found 10 the
statement of facts 10 that there were no
prickly pear briarE in il, as would inevitably
have been the case had it been used in drag
ging the body Of Gardner six miles through
chapparel and prckly pear growth. | OK
amined the rope 1T tho time with great care,
and know this fact. 1t is, in evidence, tba.
Girdner's body WAS full Of brisrs.
Witnesses say Gardner's neck was "cut in
deep all round BY a rope THIS fope could
not have done is, aud yet such muls have
bsen the impr ssion on the minds of tho jury.
Ii seems to me reasonable conclusion that
The rope Wps used Ia killing toe beef on the
.6ts, or in marking and branding the calves
seen in Hubby's pen on the morning Of the
18th.
What could have been tho object in ex-
nibiting the bloody clothing to the jury? |
The wilnesshad found the clothing himself, |
md certainly could have described them.
Whist benefit was 10 DO derived bg the jury |
from any evidence concerning the clothing, |
5 hsrd 70 perceive. Il was found by the |
witness Eve days after th5 kiliag, three or
four huadred yards from where tho body lsY. |
This evidence wes not Necessary iG growing 4
.he corpus delic;i; that had been sbundsn;ly |
lroved, ard was not denied. The issue % I
20 doterminsd BY The ilTy WIS whether Hub I
IN did tho killing. How coud evidence e I
lbs dlEcoyoyy of this cicihing serve t0aid /
hem IN lie invssiigaiion! Thorn vas ne
.uempt b prove glsl tne clolhing belonged /
10 Hubby, ~ tLat BE- he'd been aC1 81 p,s- I
session OF zuy Of il; o. abcdt tho i5csiiy 1
where b. wGs i0un-; or that footprints or .
sen near iha clothing wars .hoss l
ii hut5r, or Of His hone. U1lcas ore ell
no fte.s hs1 been pfoVsa, tao clothing !
lad rot remote peI.uanCy 10 thg issue,
md the evidence Ccnctr1iuE D. could only /
lavs pTejloicc3 tcn doi-n.s IN ihc misds o. /
.ts iurg. Especially Wa tha exhibition Of !
30 c'olii1r, with iis mErss ~ hla0d. 10 coz
it.t l,yr s.ilh tle rsne fund g. Hubby I