The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-03-05
The Commu,nt,ou of Hubby.

friends OF Milan Nj. Hubby, who was cor
victed in the district court of Milsm count.
a. the fall term of 1879, of tho murder {
w. II. Gar liner, TO presaat TO your Excel
lency my reasons for the opinion have FRI
! quent'y expressed, that Hubby should no
suffer the extreme penalty assessed againi
him.
/ have been somewhat acquainted wit
Milan Hubby for fourteen years. He is
man Of very ordinary intelligence. h,v
looked upon him as negative character, no
of much account and 10 whom there was NJ
harm. His trial took place at the first tern
of the court following the murder Of Gard
ner, when the excitement and indignation
naturally produced by the commission of I
crime OF such horrible details were a. the
highes. pitch, and the pressure of public
sentiment against Hubby WAS such as to de
mant that which was the result of the trial
Hubbys wife, few days after his arrest
aud incarceration in Jail, flod tho country
with one Pope, alias Tller, whom it appears
was active in working up the csso against
Hubby, and with whom the sheriff was com
PEELED to demonstrate, to prevent the use of
mob violence toward Hubby.
Mrs Hubby abandoned her little children
and converted the stock aud other property
of her hubbard into means with which she
nigh. elope with Pope, leaving Hubby en-.
tlrely destitute of means to employ attorneys
for his defense. TIE attorneys who repre-
scented him AZ the examining trial were
obliged on this account 10 Withdraw from
hia defense, and ieg days prior to his fnal
trial Major r. Lyles was appointed by the
court to conduct his defense. Messrs.
Chandler & McGregor, of Austin, and
HANNAH, of Calvert, assisted in the defense
at the trial voluntarily, and without fee am
informed; but none Of these attorneys had
sufficient time to acquaint themselves with
the case as they should have been in o case
of such magnitude, and after the con-
victioD, tho attorneys having left ths court,
tho statement of facts for the cour. ofsppeals
was prepared by the district attorney aud
Major Lylei
Though not cunnec;ed with the case, was
in the courtroom and heard the greater part
Of the trial. | did not then, nor do now,
believe thst tho conviction was based upon
the character of evidence contemplated by
the law of circumst,ntial evidence IS neces.
sary to conviction;i Q: such rs excludes
10 moral certainty every reasonable
hypothesis but the guilt of the defendant.
am sincerely of the opinion that this il u case
in which your excellency should interpose to
pIevsnt the forfeiture ,of human life upon
esdenoe such as should not, in my judy
inent be permitted to brand as ielon any
citizen of this state
In order that the grounds upon which
rest my conclusions may be understood,
refer 10 some leading features of the case;
promising what | msy say with the remark
thai am we'll acquainted With the country
and the people In the vicinity Of tho scene Of
tbs Misunderstanding lived and occupied public
petitions 10 the county for a number of years
ind attended the courts there regularly since
lrenpvcd from the county, seven Yeas sgo.
/. Toe witness, Matthew Brewer, alone
located Hubby near the scons shortly before
the murder. Nothing like full under.
standing Of the testimony Of this witness. or
of his behavior on tho stand can be gathered
from tho statement of facts upon which the
court ofappcRls affirmed tho conviction. Il
Is we'll known that he has been of unsound
mind for several years, as n result, 1t is sup
posed, of a fracture of the skull. Wills on
: the stand in this case, his conduct was bois.
ferrous ard absurd in tho extreme. lie
cured threatened AMI offered to fight the
attorneys, and would not answer question
for defendants attorneys without being re-,
quired by the court. The Judge tried IN
vain TO prevent hia cursing and other misbe.
havior and was on the point of sending him
TO Jail when informed of his unfortunate
condition. To show more clearly the
cotdition of Brewers mind, no fee.
quently made use, while on the stand.
of silly and meaningless expressions,
such as, "meke haste, must 90 and feed the
little chcksns;" this expression was used by
him several times. He also informed the
court several ti'ues that she had mud nothing
10 eat for two days. and never would get any.
thing more until he could get out more cot.
ton" Ill ssid tne shooting on tho night of
the murder sounded like q cat Ealing #
the house" dis testimony before the ex-
aiming court, copy of which will be laid
before your eAcellenoy, also contains some
OF his peculiar expressions which sill further
illustrate tho condition of his mind. Brewer
claims TO have seen llubby about dark, or a.
he said in the examining court, at was get.
ting dark" four hundred yards south Of Cul-
lens place where Brewer ivod), travelling
north toward the scene of the murder. and
toward bis (Hubby's) home. This was n.
least a mile south of Hubby's house, and vet
Mr.. B. Il. Pool, another state witness and a
very intelligent and respectable &c llenap,
saws Hubby came TO his (Pooi's) house "a
mile north from Hubby's and two
miles from where Brewer claimed
TO have seen him) "afler shutdown,
and left midway between shutdown and
DARK or, as IN examining court, "half An
hour after sundown," and "aboul dusk"-
going south toward his (Hubby'D own home
In order TO have been where Brewer locate:
him, Hubby must have travelled from ''aboul
dusk" when he left Pools, more th.n two
miles, passing his own and Culon's places,
and then turned right about, toward home
passing Cullen's place again as it was "get.
ting dark"
The evidence Of Brewer, as TO the distance
iron which no saw Hubby at that time Is no,
fally given In the ststcmen! of fac.s, | paid
particular attention to his testimony on tha,
point, and my recollection Is very distinct :.
70 ms appearance, conduct aud statolneuts
he had testified on direct examination thai
no was 70yarts from Hubby when he saw
him Counsel for defendant asked him i
he did not say In examining court that th,
distance was 100 yards. He would moi an
swer until required BY tho court to dc
30, and then he ssid, "s.y your.elf.
Counsel repeated and pressed tho' question
Brewer replied, "y0u ought TO know. vol
are so id smart" together with other Xix,
expressions 10 counsel 10 light him, until At
ter repeated instructions from the court 4
answer tho question, he said. swell, d N /,