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

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It had rot remote pertneucy TO the issu
h and the evidence concerning it could onl
S have preiudiced the defense in the minds {
Y TIE jury. Especially was the exhibition {
tho clothing, with its marks of blood, 10 con
d nection with the rope found in Hubby
I house well calculated to Influence the jury
l.. and render them incapable of rendering
calm, deliberate judgment upon the legit
= lnsts testimony be fore them.
d. g. There are in evidence expressions an
r movements of Hubby which, unexplained
. appear suspicious, such as his repeated el
. pressions of fear of his tenants; of dread tbs
| he would be waylsid, and bis cSrrying CUR
: Hubby was always strange being; thong
raised in the county, he was hardly know
outside the immediate locality in which h
, lived. He had very little intercourse wit
others; was distant in his manner, an,
seemingly di.trusttul Of every one Ho yer,
frequently went armed. and in travelling
saunn'd the roads. | am informed
by Mr. Henry Smiley, promi
nent and reliable citizen o
that section of tho county in which Hubby
lived, thnt short time before the killing o
Garduer, ne Smiley had cautioned Hubb,
to be on his guard, aud advised him to buy
thointeress OF Rose and Gardner in the crop
snd get them 10 leave, or he (Hubby) ac
better leave himself. This, in connect o1
with the troubles Hubby had had with Rose
| think sufficiently accounts for his going
armed and expressing fear of his renters.
After Hubby was informed of the murder,
and thst he WAS suspected, and thst armed
men were securing the country in search o!
| him, it is natural that he should be excited
and show indications Of fear. Upon the
suppositon that Hnbby was the murderer,
it is unaccouutable that he should be- found
on the gallery Of Todd's house. ony three
miles from the scene of he murder, twelve or
! tf cen hours thereafter, and that though
mounted, no remained in ,ha neighborhood,
AID was arrested six days after the killing, in
ono OF tho most tbickly settled portions of
the county, and within ten miles OF hls.ho ne
| !. Another remarkable feature of the case
j, the entire absence of that which all works
on circumstantial evidence denominate us the
eTongest most ususl and most satisfactory
testimony in such cases. l. o., the evidence of
footprints. Throughout the case the has
been absolutely no effort to show that the
tracks about the scene of the murder along
the trail AID at the spot where the body was
discovered were those of Hubby or his horse.
The statos witness, David Evans, found n
spur near the dead body of Gardner. What
became Of that spur? To whom dill it be-.
long? These questions are unanswered by the
testimony, anc no attempt was made to ss-
certain the murderer by means of the spur,
~ would have been done in almost any case.
| Hubby was not required to prove that the
tracks were rot his and II must be remem-
beIod that his counsel had been in his case
but 8 short time previous to his trial, and
| found him without witnesses, exc. pt such as
they casually gathered during the trial
1t may DO said thst there is no motive
shown N any one else to murder Gardner.
Grant it, and it does not follow that Hubby
is guilty. II is a0id that "there may be- a
crime without motive, rs there NAV be n
| motive Without crime" | was not n0es.
ssIy 10 the scquila Of Hubby thai The evil
denca should have discovered motive on the
part of some one elssto commit the crime.
Che history OF Gardner u hot known; We
cannot say what may have induced some
person, other thsn Hubby, 20 seek his lie.
Besides, may it not be that Gardner was
killed Ihrou9h mistake for HuDby? How
was Hubby TO profit by the death of Gardner
a. that time? VINO, al last, did prof.. by
the transaction? Where was Bob Todd
when Gardner was murdered? He admit,
his presence 10 that locality on that evening,
nnd had public attention, in the frat instance,
been turned to him as it was 70 Hubby, par
ties night now be occupying different posi-
tons.
| When crime so shocking i.
committed, il Is natural that the
whole community, as in this case, should be
aroused toa perfect frenzy Of excitement.
Suspicion must speedily lodge somewhere
ltinvarlsbly points to that one who il
known to have had difficulties or unpleasant
relations with the deceased, and the public
in their unreasoniDg excitement, demand tbs
object OF their suspicion shall eslsbi,h hi.
Innocence. When once tho suspicion Of Al
nllsmed and excited community fss,ens it
sell, every little incident, no matter how re-
mote or trivial, is enlarged into circum
stance indicating guilt. Under such crcum
stances, evidence OK an alibi is often the onl,
defense lief. to tho most innocent man.
Hubby has boen deprived of even this. A
few days after the murder, Pope, the init
mate friend OF Todd, " found living will
Alys, Hubby, and in a few days mofe, III,
two go to Todd's house, where they remsiI
long enough for Todd to become the pos
aos;or Of HubbY's entire estate; when viii
mshns furnished them by Todd
Pope aud Mrs. hubby leave. !,
Br:zos county they obtain licens
marry, and take the cars for parts unknown
Thus, the only person living who nigh
oxplsil the whereabouts of Hubby at Ia,
Zine Of the murder, is put beyond his rescl
by tho Vaccinations of Bob Todd.
The question which | respectfully urpc
before your excellency is, with the above re-
cited facts aud suggestions in view, in con
nectiou with all tho evidence and circum
stances of tho case, is the guilt of Hubb
reduced to that degree of certainty tina
|, would authorize tho taking of his life unde
our law l am most earnestly convince,
: Una. it is MOI, and Al tho risk of bsing ted
Gus, | have felt tina, | ought not 10 PERM
The senienos otthe law to DO carried on. i,
ths case without placing before your excel
leEcy such facts AZ were IN my own kaowl
edge, together with my view Of the case, an,
adding my conscientious and earnest prote.
against tho execution of smsn in whom
hive no interest, more than that feel in an
/, human being similarly situated
, To mo 1t is shocking Inn
auy man should be convicted upo
tho testimony of witness notoriously mo-
compos mentis, aud who, In my iudgmen,
ans seized upon tho wild runors, common i
such cases, aud imagined them to be f,e,s
, or upon that Of such u character az | Del
socially know Bob Todd to be. especially i
, vaw of his interest in tho matter; or, upo
tina! OF tho rope, which from careful oxan
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