The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-03-05


connection with this, bis wild statement tn
it might have been 500 yards, together wit
his general department as witness, It seeu
preposterous that jury should credit IN
portion of bis testimony.
9. As to the testimony of Bob Todd sn
his wife, Ella, it should be borne in min
that Todd's house was the home of Mr.
Hubby and her parsmour after Hubby's ar
rest, and that Todd obtained from Mrs. Huh
by possession Of the property owned by her
self and husband. Todd, more than any othe
person. is interested in securing the conviC
ton and death of Hubby. H. says in HI
testimony that ne holds Hubby's home,ter
for hrs. Hubby, but the fact is he hold
adversely to her and tho children. Mr.
| Hubby sold the homestead to Todd, gave he
iBfant to y negro and her other children ar
with the parents oe thair mother anC
not with Todd, as from his testimony would
| appear. The animus OF these witnesses, BJl
and Ella Todd, sndtheir eagerness to make !
case against Hubby is shown by their evi
dence concerning The beef brought from
Hubby's house by the boy Jordan on the
morning after tho murder. Hubby accounted
for blood on his shirt by saving that he had
killed boef the day before and that the
meat brought by the boy was part of the
beef. Todd and wife, anxious to show that
Hubby's account of the blood WAS false, les
tify using tho same words, that the beef was
half dry and appeared to have been in the
sun several days. In support Of Hubby's
story, Miss Amanda Walker says that she
got fresh beef at Hubby's the morning OF
the day of the murder. Mr.. Smith, tue jus
tiee of the peSce, said that on the night pre-
ceding the d,te Of the murder Hubby stayed
nj his house and had blood on his shirt; and
Major Il. NJ. Smith. merchant Of Cameron
and county trsssurerer, says Hubby brought
him fresh beef on the day preceding th,s of
tho murder.
| hsye known this witness, Bob
Todd, for about thirteen years
30 frequently figured on the
criminal docket of Milan county under
charge OF theft and lelonious assaults. He
was one of u party of lawless characters who
were witnesses for each other, and BY that
means, generally escaped conviction. as
prosecuting attorney for several wears in that
county, had opportunity Of studying and
Knowing Todd well. He is an uuscrupuljus,
bad man; capable of committing any crime,
and | would not think of giving the slightest
credit to his testimony in any matter where
no may have au interest, or motive to speak
falsely. 1t is worthy of note that the Todds
were not known us witnesses at tho trial OF
the examining court, nor until Todd had sue
ceeded in becoming the owner of all Hub,
by's property, and Mrs. Hubby had gone be.
yond the reach Of the court
The facts lit they were facts, but mention d
only by Tood) that HubJy's horse had
sweat on him and prickly pear briars in his
breast, are consistent with the theory that
Hubby had been COW hunting ato the even
ing before, and that he had been riding
through tho same country on his way to Ad,
Halls. Hubby's story was no. at all
unreasonable, that be had been lost
in riding through the country without toad
after the moon mad gone down. Todd Is
quick however to mention in that connection
that Hubby was familiar with the country
g. The testimony of A. A. (rurk) Beal
on ono point Is MT correctly givon in the
statement OF facts What Beal did shy vas
that he remarked to Hubby, "was il not q
green thing la man ~ waylsy and XIII an.
other, ana drag the body on the ground a
man ough. - have kno wn no could be
tracked: TO which HUSKY replied that il
did look green" Further on Ia hi exam
inition, Besl sid no could not b. certain
whether he sad - HaDby, "a man ought to
have known he could be tracked or, "you
ought 10 have known be could be tracked"
but though! nii language was rs at first
stated. If ii Wac, the reply OF Hubby was
no more than any one else would have made,
al asatV 4 h.,
doubtful as 10 which of the two expressions
was used, and Hubby should have the doubt
in his favor.
A. The testimony of William Roberts a,
to a conversation with Hubby on
tho Saturday following the murder
wss, really, that Roberts said to Hubby
"this ia a bad thing you have got iato; thai
mau Gardner has been killed, ind the people
believe you did it," to which Hubby replied
either that "if he had done it no would have
been ius,iisble," or "if he did do it he wa,
iustiflaole" witness could not So,
which expression was used. But (though i
does not SO appear in the statement oil
facts Roberts testified, as did Bcal, tha,
Hubby said in the sams connection that hi
"would not kill any man except in self do
iense."
Now here, MS in Be,lS testimony, we havt
two different versions of the language used
The one might, tho other could not possibly
DO construed into an admission OF guilt
TIE witness is unable TO say which was used
and thus it i. left in doubt. 1t certsinl,
ought not to be assumed that the expires
sion most unfavorsble to Hubby was the on,
used by him, especially in view of tho declar
alton that he would kill no man except il
self defense, His use of the latter expires
sion va, equivalent to u denial that no ha,
killed Gardner.
8. There can be no question that tn,
bloody rope and cloth ing eyhibite,
Inducements to Jury w verdict p of cou
vic,ion, and there is no doubt in nv mint
that Hubby suffered great injustice by ihei
exhibition,
Gardner was killed on tho 9th o
May. The rope WAS not heard of until Jun
IL, when tho Information concerning ii
Whereabouts WAS given by tho man Pope
whom it appears was then living with Mrs
HUBBY. Though not directly introduced /,
evidence the rope was shown to u witness il
tho presence of the jury, and remained il
their view during the trial. Ono importan
fact concerning the rope not found in th
Statement! of facts 10 that there were II
prickly pear briars in it, rs would inevitably
have been the case had 1t been used In drag
ging the body Of Gardner six miles throug
ch,pparel and prickly pear growth, l OK
amined the rope at the time with great care
and know this fact. 1t Is, In evidence, til,
Gardncr's body was full of brisrs.
Witnesses say Gardnor's neck was "cut |
deep oil round by rope" This rope coul
not have done 1t, and yet such must hav
been the impr, ssion on the minds OF tho lurj
| IL seems 10 mo reasonable conclusion IN,