The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1883-02-08

n Statutes 10 NJ ~ provide Tor Tho isonaooe
{. wits " gafnlslnent where The defendant
Y q n0nrosldent.
[. On motion, Wesvg. Lynn. Dnrren m
/. Ihom1s we're Invited 10 seats within The ba
OF The house.
, By request, Messrs. Adams and Phelp
I we're added 10 the COMMITTEES on stock an
stOok.raislDg
Hufsts bill 10 restore The criminal ant
civil Jurisdiction Of Parker and Uvalf,
counties, with the amendments OF tn,
senate adding the counties OF Henderson
and Starr passed 10 It's third reading
Cramer'g resolution requiring the hous,
10 hold two sessions daily was postponed
for further consideration next Monday.
The bill authorizing the printing of 2,5CC
copies OF the General Laws OF the sixteenth
aud seventeenth and called sessions Of the
sixteenth legislatures, passed the house.
Senate bill Furnishing officers for receiy-
ing more fees than the law allowed, not less
than SIS nor more than 500 was put on its
second reading.
Senate bill giving grand jurors 50 per
day, was put upon It's thru reading and
ordered engrossed.
Senate bill Furnishing officers for purcbas-
ing property at tax sales was put upon third
reading.
Senate bill requiring county judges to
keep their offices at county seats, and pro-
viding that the county commissioners
court allow them ninetv daysabsence from
their counties, was put uponNits second
reading.
Senate bill amending the Code so as to
permit the defendant at his own request 10
testify, and not permitting seduced te-
male to testify, which the committee of the
house reported adversely, was taken up,
when Colonel Dennis moved to reject the
report OF the committee.
Labatt said that as New York and many
other states permitted defendants to testify
in their own behalf, had found that the rule
worked well. he saw no reason why II
should be prohibited in Texas.
Hill saw no reason why such an innova-
ton should be made upon our laws that
criminals whose hearts were as black as
hell, would not, when they saw life and
liberty at stake, hesitate to perjure them
selves.
Traylor was in favor of everyone who
knew anything about case being permit
ted to testify, and the defendant was oft
times, the only one who knew what had
happened; that we had advanced from
the old common law rule which did not per-
init the defendant to have witness because
rule was fought against for
long time, when common
sense finally triumphed: Yet, attorneys
in their behalf we're still denied them.
This too, he said has vanished with the
cobwebs of the past, and now we desire TO
destroy 'Ae last vestage of barbarous des-
potism.
Barrett asked why was it that the man
who was sought to be convicted should be
deprived OF the right of testifying, while the
state witness may depose as paliciously
against him as the vilest demon. He
thought it an injustice, and that the report
of the committee should be rejected.
Scott said that he was in favor of the bill,
and decidedly opposed to the report OF the
Ayres favored the bill, because he be-
lieyed it contributed to the main end and
object in view; that the object o
every trial was to ascertain the guilt or in
nocence OF persons on trial, and TO do thIslt
was absolutely neces sary to permit the de-
fendant to testify in his own behalf.
Douglass favored the report of the COM
mittee. He said that if you permit defend
ants to testify and they could see nothing
before them but telon's cell they would
invariably perjure themselves that as the
law stood, no innocent man was ever pun
isbed. Then why change it
Browning concurred with the remarks OF
of the gentleman from Jefferson, and could
see no good, but much evil, resulting from
change of the law.
Jones nOpeu Tie nOllOH W TeJeCI 1ilo 10
port of the committee would not be adopt
ed, and made very forcible argument
against permitting defendants to testify.
Dennis said that in civil cases defendants
were permitted to testify, and he could not
see why in criminal cases they should be
barred the same right
Mckinney said ne had heard no COM
plant from the country wanting. the law
changed. but the complaint heard was that
~, lie a plntnhpa
when they should be convicted.
Patton said that the report OF the COM
mittee was rejected, and the bill became
law; that if the defendant ever refused to
testify in his own behalfit would be lmpos-
sible to prevent the presumption OF gulit
from ensuing in the minds of the jury.
Thompson thought we should make
haste slowly when 1t came to changing the
law in our statute books, and that while the
rules had been changed in our Federal
courts so as to permit defendants to testify,
yet he found it to work badly.
The previous question was ordered and
the ayes and nays called for-ayes, 30; nays,
50 The report of the committee was
adopted.
Messrs. Rosenthal, Mckinney and Wor-
than were appointed the committee to visit
the state schools.
Senate bill making an appropriation for
the supreme court at Galveston, with
amendments including in the approprla-
ton the courts of Tyler and Austin, passed
House adjourned till $3.50 tomorrow.
CAPITAL CHRoNICLINGs.
General King returned from La Sale
county to-day. The election for sheriff
passed offquetly. Sergeant kirvey being
elected.
The Inman Compress company, Il us.
ton, capital stock, $4,000, and the st
Baptist church, Sweetwater, Nolan county,
filed Charlie o-day.
w p, y, u. an old conductor OF the
Central, d. "a OF pneumonia yesterday; Gov
ernor Davis is down " it'll the same disease
and is in critical condition. There are
numerous other cases in the city.
The comptroller paid Into the treasury
o.day for the benefit of the school fund
SAC, 600; iron collections, $4,000.
The receipts at the treasury from the sale
of the public domain, SOL 900.
The stockmen's convention was called 10
order by the president, Hon. J. T. Miller,
Of Gonzales. He stated the object OF
the meeting, and said he hoped the COM
mittees appointed would report as soon as
| possible, and that sucn suggestions be pre-
scented 10 the legislature as will induce the
passage ~ laws for the protection OF the
stock interest. The proper committees
were appointed. Adjourned till 10 a. m.
tomorrow.