The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-02-07

post OF pubic opinion, and spl. his abull-
dog hide with the cat-o-a!ne tails, il Ne de.
Petitions and memorials were presented
as fellows:
By Eiiot-A petition fiom citizens of
bowis county, protesting against repeal
OF the law occurring trains to stop az the
state line for twenty minutes,
by chambers, OF Tarfant-A petition of
the laoorers aud mechanics TO secure them
agaihst loss by irresponsible persons, and
for their claims.
BY Harst-A memorial asking tor pen.
sion tor Texas veterans.
by Cotton-A petition OF citizens oflIam.
iiton county, protesting against the creation
OF the county of Miles.
By Frymier-The petition of Thomas
Differed.
Bills and resolutions were introduced
and referred AS follows:
by Arsstesd-To make each member of
Company responsible in the trausporta.
ton OF baggage.
by Robertson-A resolution amending
the constitution SO ~ To consolidate the
ciyi and criminal terms of the county
coutt, and 10 provide for one term every
two ~ unths.
BY Burrs-An amendment of the Code.
ieiaens to the reports oi justices OF the
peace aud Jurors warrants.
BY Cundlil--An amendment to regulate
the tWe aud place of holding elections, to
separate the time OF holding state and Fed
erai electionS.
ERSwea-An amendment of the Civil
Statutes,yD as to provide for the issuance of
writs OF garnishment where the defendant is
nch. resident
On .aotion, Messrs. Lynn, Barrett and
Thomas were invited to seats within the bar
OF the house.
by request, Messrs. Adams and Phelps
were added to the committee on stock and
stock raising.
! Hurst's bill TO restore the criminal and
civil jurisdiction Of Parker and Uyalde
Counties, with the amendments OF the
senate adding the cour'i2s of Henderson
and Starr passed " its third reading.
/ Cramers resolution requiring the house
to hold two sessions daily was postponed
for further consideration next Monday.
/ The bill authorizing the printing of $500
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 S25 nor more thai, 500 was put on its
second reading.
Senate bill giving grand Jurors 50 per
day, was put upon its third reading and
ordered engrossed.
Senate bill Furnishing officers for purchas
my property at tax sales was put upon third
reading.
Senate bill requiring county Judges tc
keep their offices at county seats, ana pro
vlding that the county commissioner.
court allow them ninety days absence from
their counties, was put upon its secont
reading.
Senate bill amending the Code so as t
permit the defendant ut his own request tt
testify, aud not permitting seduced ie
male to testify, which the committee of tn,
house reported adversely, was taken up
when Colonel Dennis moved to reject tli
report OF the committee.
Labatt said that as New York and man,
other states permitted defendants to testify
in their own behalf, had found that the rul,
worked well. he saw no reason why il
should be prohibited In Texas.
Hill si,w no reason why such an innoya
ton t,,S I'D he made upon our laws; tina
criminals whose hearts were as black a
hell, would not, when they saw life an,
liberty at stake, hesitate to perjure them
selves.
Travlor was in favor of everyone VIII
knew anything about q case being permi,
ted to testify, and the defendant was OF
times the only one who knew what ha,
happened; that we had advanced iron
the old common law rule which did not per
nit the defendant to have witness becaus
it was thought to conduce to perjury. Thi
rule was fought against TO
long time, when common
sense finally trumphed. Yet, attornev
in their behalf were still denied the.
This, too. he said has vanished with
cohwebs OF the past, and now we desire /,
destroy the last vestage of barbarous des
pOtism.
Barrett asked why was it that the maj
who was sought TO be convicted should b,
deprived of the right OF testifying, while tn,
state witness may dep0So Gs maliuiousl,
against him as the vilest demon. II,
thought il an injustice, and that the repor
of the committee should be rejected,
Scott said that he was in favor of the bill
and decidedly opposed to the report of tn,
committee.
Ayres favored the bill, because he be
lieved it contributed TO the main end anC
object in view; that the object o
every trial was TO ascertain the guilt or in
nocence OF persons on trial, and TO do this, il
was absolutely neces AIRY to permit the dc
iendant 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 nothinl
before them but ielons cell they would
invariably perjure themselves; that, as th,
law stood no innocent man was ever pun
ished. Then why change it2
Browning concurred with the remarks o
Of the gentleman from Jefferson, and coulC
see no good, but much evil, resulting from
change of the law.
Inppq hpppa tha r,ntinn n raiopt tha rn
port Of the committee would not be adopt
ed, and made a very iorcible argument
against permitting defendants to testify.
Dennis said that in civil cases defendant,
were permitted to testify, and he could no
see why in criminal cases they should b,
barred the same right
Mckinney said he had heard NJ CON
plant from the country wanting the Law
changed, but the complaint heard was tha
criminals escaped the clutches OF the Law
when they should be convicted.
Patton said that the report of the com
mittee was rejected, and the bill became d
law; that II the defendant ever refused tC
testify in his own behalf II would be impoS
sible TO prevent the presumption of gull
from ensuing in the minds of the jury.
Thompson thought we should max,
haste slowly when II came TO changing tn,
law in our statute books and that while th,
rules had been changed in our Fedora
courts 50 rs to permit defendants to testify
yet he found IL to work badly.
The previous question was ordered and
! the ayes ana nays called for--ayes 80; nav p
SO, The report Of the committee was
adopted,
] Messrs, Rosentlal, Mckinney aud Wor
than were appointed the committee to ysi
the state schools.
Senate bill making an appropriation fo
the supreme court at Galveston, with
amendments including In the appropra
ton the courts of Tyler and Austin, passed