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

NIFNIN UffilNNaR W Nl'hffH ~ 'Hfli'N NNNNhH'I
Tor bh defense. This attorneys who repro
scented him NJ the examining trial wore
obliged on this account 10 Withdraw from
his defense. and tow days prior to hs inal
trial Msjor Il Lyles Was appointed ny the
court to conduct his deionie. meSsfs'
Chandler dC McGregor, Of Austin, and
Hsmmpu, Of Calvert aasisied IN the defense
Of the trial voluntarily, and without tee, am
Informed; but none OF those attorneys haG
sufficient time to acquslnt themselves WIN
tho case rs they should have been III chse
oe such magnitude, and aitsr The CON
victiln, tho attorneys haViog left tho court
the statement offgvts for tho cour. oisppesla
WAS prepared by the diGtrict attorney ana
Major Lylee.
Though not connected with the case, waa
ia the courtroom and heard the greater part
Of the trial. did not then, nor DO now
believe that tho conviction WAS based upon
the character Of evidence contemplated by
the law Of oircumstautial evidence rs neccs-
sorry 10 conyie!ion;i o: such as excludes
TO moral certainty every reasonable
hypothesis but the guilt OF the detenda0t' l
am sincerely OF tho opinion tina. this 10 case
il whipn your exce!leney should in!erposs 20
prevent tina forfeiture OF humGn iite upon
ev dcnoe such as should not, in my judg-
msut, be- permitted to brand as felon any
cit2aa Of - stste,
Ia order 1hg. the grounds upon which
r9st nv conclusions may b. understood,
reter to SOME lesdiug features of the case;
promising what | may say wish the remark
thas atn we'll acquainted with tho country
and the people in tho vicinlty of tho scene OF
the Misunderstanding lived and occupied public
f,,u O AT h nj
snd attended The courts there regularly since
| removed from the county, seven years ego.
|. The witness, Matthew Brewer, slone
located Hubby near the scans shortly before
the murder Nothing like full under
standing of the teet,moly Of this witness, OF
Of his behavior on the stand can be gathered
from the statement of facts upon which the
court of appeals affirmed She conviction. I,
il veil known lhst he has been of unsound
mind for aeversl years, ss g result it Is sup
posed, of fracture Of the skull. While on
the stand in this case, his conduct was bois.
ferrous and absurd in the extreme He
Cursed. threatened and offered TO light the
attorneys, and would not answer question
for defendsn.'s attorneys without being TO-
ouired .by the court. The judge tried IN
vain to proven. bis curaing and other misbe.
ldNIDIs Glu WAS t'bAub III SUMMING itiAhi
10 Jail when informed of his unfortunate
condition. TO show moro clearly the
co,dition OF Brewers mind, nc fro
quently, made use, while on the stand
of silly and meaningless expressions,
sach ~, "tnake haste, ] inuat 20 and feed The
little c6ioksns;" this expression YVES uasd by
him several Tines. He also informal the
court several times that "he had had nothing
r, Hams s-J pau,r ,1tD;Iid not ory-
thing more until he could get out more cot
ton" He said tho shooting on the night of
the murder "sou1ded like q cat falling off
the hou.e." His testimony before the ex-
smining court, copy Of which will be laid
before your eIcelleDcy, also contains some
of hia peculiar expressions which still further
illustrate the condition Of his mind, Brewer
CLAIMS TO have aeen Hubby about dark, or as
be said in tho examining court, ''ii was get
ting dark" four hundred yards south CT Gull
len's place (where Brewer lived), travelling
north toward the scene Of tho murder, and
toward his (aubby's) home. This was al
least mile south of Hubby's house. and yet
Mr.. B. Il. Pool, another state witness, and 3
very Intelligent and respectable gentleman,
sAys Hubby came to his (Sools) house "a
milo norlh from Hubby's and two
railes frora where Brewer claimed
to have seen hin) "sftsr sundown,"
and "lef5 midway between shutdown and
dark" or, ss in examining court, "half an
hour after SHUTDOWN" and "about dusk. -
going south towoTd his (aubby'.) own home.
In order TO have been where Brewer locates
him. Hubby NUT have travelled from 'abou.
dusk" when he left Pools, more than two
miles, pa;sing his own and Cullen's places,
and thea turned right about, toward Rome
passing Cullen's place again as it was ''gei-
ting dark"
The evidence OF Brewer, AZ 10 The distance
from which he saw Hubby at that time il not
fully given in tho statement of facts. paid
particular attention to his testimony on that
point, and my recollection is very Distinct ss
10 his appearance, conduct and statements.
lie had Testified on direct examination thai
he vas 20 yards from Hubby when he Jaw
him Council for defendant asked him If
be did not say in examining court that the
distance was 100 yards. He would not an
gwor until required by the court TO do
60, sud then he said, 'say yourself"
Counsel repeated and pressed the question.
Brewer replied, "you ought 20 know, you
ar ~ ID smart" togc.hgr Min other Ike
expressions 20 counsel 70 fgbt him, until sf
ter repeated Instructions from the court 90
answer the question, be said, "Wel, d n il,
I don't know whether said it or not; ii
might have been hundred and fifty yards,
or two hundr ID and fifty, or four hundred,
or five hundred, for all chat know. l Was
not d--n fool enough TO be out measuring
ground that night"
These sre s.mcst his exact WORDS. On
lie said that II he put the
distance Of q hundred and fifty ysrds on the
examining trial he told the truth. That he
Gid SO state is shown by his written iesli-
mouy taken Ia examining court, ard By The
.ostIaony If Mr. Twesit, the committing
maeisim.a aud MF. Smith, tho CLERK who
wrote down th3 testimony. H. ssid also 10
szs mining court thai 'thQio Wss mesquite
md chsppard ihictC' ietwaan lln (brewa)
Ind Hubby when DO E.g Iu5bT q distarce
if enc hundred ard llT gadA c. seventy
yards Cittor, tlrgulh o. e.qu.te end chap-
pare Ecks. diaa1c.,y cnogEa 10 focosniz3
him AMI 80 20 BOB barrels = s. qua "ahou
lark" lie aimll1l idsi De could net tii
wat k'Di cf . hat Hobby wore on thsi
co1aio-, bscsuse b. 'wss uoi - The habit OF
.oi1g about AFTER aiELt a. zee wLlt Eird of
iats reopls gtsi." Wan We cunsi.f, 81
.0nnpciisn with this. De via Statement ihsi
mighi bsvo beea GO Isns, cether With
lis ga11ml derof.nsIll RS wines, i tcauB
lreposisrlus that a irrr shgua credit Euy
- 90. ~ lia farfi-r-'rrl-