Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1881-10-20
District Court,

1AuiSOd sJtANS W. w. N
Clarke, arson, verdict of moi
guilty by order of the court
No evidence was adduced to
criminate the defendant.
State VS.. John Williams, col
ored, stealing four horses from
Tom Devsr, colored. guilty, ten
years in the penitentiary. John
! is wholesale horse thief and
two more cases are pending
against him.
The grand jury was finally
discharged on Wednesday even
ing.
To-day, Friday, the case of
Hiram Craig for killing a negro
man at Burton last winter, will
be taken up.
Friday. State VS.. Hiram
Craig, charged with the murder
OF John Foster, colored, at Bur-
ton last winter. After some
difficulty a jury was empan-
neled; the state witnesses were
I. examined and the defendants
witnesses were put on the stand.
1t being apparent that the state
had no case the county attor-
ney suggested that the case be
dropped and by instruction of
the court the jury rendered a
verdict of not guilty.
To-day, Saturday, the cases
of Enoch Woodward, colored,
charged with rape, and John
Trayler, charged with assault
with intent TO murder are set for
trial.
Saturday.-The cases of
Enoch Woodward, colored, for
rape and John Traylor, for as
sault with intent to murder,
were both continued on afhda-
wits of the defendants. No 9TH
er business was disposed OF.
The motion of T. 6. T. Ken
dali for a new trial will be heard
on Monday.
Monday.-Statc VS.. T, G. T.
Kendall, motion for new trial
argued and motion sustained.
The grounds Of the motion for
new trial were all the formal
grounds; such as verdict was
not supported by the evidence;
was against the law and the evil
dence, ETC., and futher, "error
in the charge of the court that
The defendant admitted the kill
ing of Brown that the jury
were in the charge OF a man
who was not an officer, sworn as
the law directs,a and other enum-
Grated errors in the charge OF
Of the court to the jury, and re-
fusal to give charges asked by
defendant. The court held in
deciding the motion that there
was error in the instruction that
the defendant admitted the kill |
ing, when his only plea was |
mot guilty. and there was
error in placing the jury |
in charge of man not an
officer, under the peculiar cir |
cumstanccs of this case, and in |
view of,the whole case the new |
trial should be granted" After |
a patient hearing of the argu-
ment of counsel the court
granted a new trial on the
grounds OF "mischarge to the
jury and improper person in
charge of the jury" The jury |
had been placed in charge OF |
Mr.. A. D. Gee, who had lately |
been a deputy sheriff, but was
not one, nor constable at the
time he was in charge of the
jury. 1t should be stated, how
ever, that Mr.. Gee thought he
was deputy sheriff.
The county attorney filed a
motion against the sheriff and
his bondsmen for a judgement
for the amount of the forfeited |
bond in the Benson case. |
Next week the school injunc- |
ton base will be heard.
Wednesday-The following !
named prisoners, tried at this
term were brought into open
court for sentence:
Sebe Frosh, theft and burg
larry, two charges, two and i've
years respectively.
Margaret Cook, theft, two |
years.
Andrew Swearingen, horse
stealing, five years.
John Petty, forgery, two
years, takes an appeal.
John Williams, horse steal
ing, ten years; takes an ap-
peal.
Sandy Thompson, assault
with intent to kill, two years.
All ofthe above prisoners are
of the colored persuasion.
Z. M. George, white, charged
with killing Burke, on the Santa
Fe railroad, admitted to bond
in the sum of $1,000.
a colored divorce case was
disposed, by granting a decree
in favor of the plaintiff.
-Four or FIVE more criminal
cases remain to be disposed of.