The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-03-02
THE RUDE BOYCE CASE.
HEARING OF MOTIONS CON-
MENCED.
Severe "har0es o. Tampering
With the Jurors.
Deputy Marsha whisky, and
Jurors wives Admitted to
the Jury Room.
Singing Rebuke by Major West.

Hearing of the motions for arrest OF
judgment and new trial in the Rub,
BOyce case commenced yesterday befor,
Judge Turner. Major West read aft
davits of two jurors, showing that they
were tempered with by the United State
marshars force, and affidavits from RoaC
Commissioner Holland and DR.. Fields
who were unable TO attend at the trial
TO the effect that Boyce was working OF
the Burnet county roads the day of the
robbery.
L. Platt WIS placed on the stand, anC
testified A.: / had charge of the jury
| know w. r. mcfarland | saw him
in conversation with two of the juror:
one night on the JUDGES stand | saw
him talking to the foreman, Mr.. Wells,
and to Mr.. Ingram.
Question-Did you see him talking to
any other of the jurors:
Answer saw him walking around
with the jury.
Q.-Where were the balance of the
jury when you saw Deputy Marshal
Mcfarland in conversation with two OF
them on the judges stand
A.-They were sitting all around.
Odd mcfarland ever sleep OF
stay all night in the jury room.
A.-Both he and | did.
Odd he sleep with any of the ju
rors ?
Al do not know whether Mac.
Farland did or not; | did
never heard what mcfarland said to the
jury. Wallace came to me and ques.
toned me about MacFarland, saying ]
was too thick with the jury, and re-.
marked that | thought he was a little
thick. do not know what acts of his
induced me to make that statement.
Q-Do you remember hearing him say
anything TO the jury IN reference to the
Boyce case
Al heard him say some things tn at
did not amount to anything, but they
have slipped my memory.
Q-Were not the things you heard him
say unfavorable TO Boyce?
A-They were not favorable. Turmy
said he wanted some tobacco and Mac
Farland said not to give him any, in
effect to starve him into verdict.
Q.-Do you remember about Deputy
Marshal Burleson being in the jury
room?
Ale was, as Dallltt.
Q.-The jury were put in your charge
Ayes, sir.
Q-Do you remember Mr.. Burlesou
taking Mr.. Wells, the foreman, or any
one of the jurors aside?
Al remember Mr.. Wells going out
on the front gallery and talking to Bur
Lesson do not know how long they re-
manned in conversation. 1t was con-
siderable time.
Q.---Was not Mrs. Wells in the jury
room
A---She was; she made some remark
but do not remember what it was,
omething about the rest of the jury
finding a verdict, so that her husband
could go home. There were several ju-
rurs' wives there; Alexander's wife was
there.
Q.--How came you to let them into
the jury room?
Al or Mr.. Mcfarland would be
present to hear what they said saw
some of the jurors have whisky.
Q.-Where did they get the whisky?
Al got it for them once or twice.
If Strong had bottle did not know it.
Major West, in support of his motion,
course of his remarks he recalled the ev-
idence for the defense, contrasted it with
that of the prosecution, and asserted that
the order of doubt had been reversed by
the jury. He criticised the verdict in
the severest manner, saying that while
the evidence for the United States was
eXplete and concurrent in proving that
the robbery was effected by force of
h. hot
without arms. Commenting further ON
the evidence of defendants witnesses,
he said the jury found them liars. eve, !"
said he, did not have to prove
the innocence of the de-
PENDANT all we had to do was to
raise a reasonable doubt, and l say
that the mind of the man in whom the
evidence did not raise a reasonable
doubt is intellectually unfit to pass upon
the liberty and property of his fellow
man. He does not know his duty, is in
capable of learning it, and should not be
permitted to pollute the jury box with
his presence. Major West dwelt with
power upon the abuses of the jury sys-
TEN and its effect in the Boyce case. The
jury room was thronged with strangers,
men and women, and as a result of these
foreign influences, we have this monster
in the shape of a verdict. Mr.. Tumey
was refused tobacco on the ground that
il was the right thing to starve him into
a verdict Wells and Ingram
were patted oil the back and
Alexander was told that he would
be complimented in a few days
for his verdict; as if any man wanted
any other verdict than that of his con-
science l do not wish the jury to be
starved or to be denied the right of
drink but deny the right of anybody
to introduce alcoholic drink into that
jury room without mine or his (alluding
to the states attorney permission. Here
the counsel commented severely on the
probable alienation of doses of starva-
ton and liquor for the purpose of driv-
ing the jury to verdict.
The case will be resumed to-day, when
Judge Hancock will speak for, and Dis
trict Attorney Evans against, the motion.