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

I think sufficiently acoouhls ff ME going
himod and expressing fear u his rontefs.
Afor Hubby vas informed Of iho muflor,
and that ho wao anspocigd, and that armed
men wfrs scouting tho ouuntry Va search OF
him, " is nalursl tlat he should be. excited
sud show indications " foGr. Upon tho
suppcsition thst Hn5hy was Tho mlifdersf,
Il ~ unaccountabla the! ho should bo found
on The gallery Of 1odHs HOUSE., only three
miles from the scene Of she murder. twelve or
flfegs hours Thereafter, sRd that, though
mounted, no remsined in tho nVigbborhoOd,
and WA arrested six days after tho killing, 10
on9 OF the most tbickly satsled portions OF
the county, md within ten miles Of his home.
I. Another remarkable feature of the case
is the entire absence Of that which al works
on circumstsntial evidence denominsle MS the
strongest, most usual and most satisfactory
testimony in such cases, /. o., The evidence of
footprints. Throughout the case the hs.
been absolutely no effort TO show that the
tracks about the scene Of the murder along
tho trail aRd ct the spot where the body was
discovered we're those of Hubby or his horse.
The states witness, David Evans, found a
epur lear the dead body of Gardner What
became of that spur? TO whom did it be-
long? Those questions arc unanswered by the
testimony, and no attempt was made to az
certain the murderer by means OF the spur,
rs would have been done in almost any case.
Hubby WA not required 10 prove that the
tfacks were rot his, and II must be renom-
bered that his counsel had been 10 his ESQ
but short, time previous to bis trial, and
found him without witnesses, exc. pt such ss
they casually gathered during the trial
1t may be said shat there is no motive
shown in any one else to murder Gardner.
Grant it, and il does not follow that Hubby
is guilty. 1t is said that "there may be a
crime without a motto, as there may be u
motive without crime" L. WAS not neces-
ssry to the scqutal of Hubby that the evil
dence should have discovered motive on the
part of come one else to commit the crime.
The history of Gardner is not known; we
cannot Iay what may have induced some
person, other then Hubby, TO seek his life.
Besides, may ii not be thst Gardner was
was Hubby to profit by the death of Gsrdner
at that time? Who, at last, did profit by
the transaction? Where WAS Bob Todd
when Gardner was murdered! He admits
his presence in that locality on that evening,
and hsd public attention, in the first in,tance,
been turned to him as it was to Hubby, par
ties might now be occupying different posi-
tons.
When crime 90 shocking is
committed, it is natural that the
whole community, as in this case, should be
aroused 10 u perfect frenzy of excitement.
Suspicion must spesdily lodge somewhere.
II invariably points to that one who 10
known to havo had dific tiles or unpleasant
relations with the deceased, and the public,
in their uureasonirg excitement, demand the
object Of their suspicion shall establish his
Innocence. When oGcs tho suspicion of an
infamed and excited community f.sens it
self, every little incident, no matter how re-
mote or trivial, is enlarged into circum-
stance Indicating guilt. Under such circum-
stances, evidence OF an hlbi 10 often tho only
defense left to the most innocent man.
Hubby has been deprived Of evan this. A
few days after she murder, Pope, the init
mate friend of Todd, is found living with
Mira. Hubby, and in few days more, the
two go to Todd's house, where they remain
long enough for Todd to become The pos
SCISSOR of Hubby's entire eitate; when with
means furnished them by Todd,
Pope and Mira Hubby leave. In
Brszos county they obtain license,
marry, and take tho cars for parts unknown.
Thus, tho only person living who might
explain the whereabouts OF Hubby at the
time of the murder, is put beyond hi. reach
by the machinslions of Bob Todd.
The question which l respectfully urge
before your excellency is, With the above re.
cited facts and suggestions in view, in con.
neclion with all The evidence and circum.
stances of the case is the guilt of Hubby
reduced to that degree of certainty that
would authorize tie taking Of bis life under
I 1
that il is nos, and at the risk Of being tedi-
Gus, have fels that ought not to permit
the sentence of the law TO be carried OILS in
thi caso without placing before your excel
lency such fscls az were IN my own knowl-
edge, together with my view Of the csa., and
adding my conscientious and earnest protest
against the execution of man in whom |
have no interest, moro than that feel in sny
human being similarly situated.
To mo il is shocking that
any man should b convicted upon
tho testimony of a witness VIGOROUSLY non
compos mentis, snd who, in my judgment,
has seized upon the wild runnrs, common in
such cases, and imagined them to be facts
Or upon that OF fucn character as | per-
ionally know Bob Todd 90 be, especially in
view of his interest 10 the matter; or, upon
h ~ Of the ropp which from = careful orara
na,ion / am perfectly sure could not have
been used in dragging Tho dead body; and
The bloody clothes, shown lothe Jury, which
have never been connected in any manner
with Hubby,
Submitting This for that careful consdera-
ion which feel sure every sppesl of this
character receives a. the hsnds Of your ET-
,ellencY / Rm respectfully, Jour obedient
,ervant.
[Signed] w. X. HoMAN.
Caldwell, Texas, December LIST, 1880.