The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-12-13
TIE Trial of MakinsOn.

The district court was occupied all
day yesterday with the preliminary
questions ON the Makinson case. First
the defendant made application for
continuance, which was Overruled.
Then he filed an affidavit for change
of venue. on the ground that the peo-
pie of Travis county were so preju-
diced against him that he could not
geat fair trial. This was denied on
the part of the state
and under the statute the
issue thus raised was tried Dy the court,
The state put upon the witness stand
nearly FL the county officials and they
swore they did not believe there was
such prejudice in this county that
the defendant could not get a fair
trial. While it is true that our people
are prejudiced against the crime with
eich he is charged, yet, If the state
sRoGldr ff i ~ prove him guilty, there
is hardly a man but wH aiS!d ,unhesi-
tatingly acquit. If he ia
guilty they want to see him severely
punished-punished as the desperate
crime Of which he stands charged de-
serves to be punished; but if he is not
the man they have no prejudice
against him. The foregoing is the
substance Of the evidence on the part
Of the state. Such is undoubtedly the
fact. No man in the city of Austin,
and we believe none in the entire
county. would do the defendant
an injustice. They look upon him
and his case as they do upon that of
any man charged with crime. He
must be convicted upon legal eyi-
dence and under the law, and if the
state fails to introduce this he must
be acquitted. The man who holds
such view is an unprecedented man,
and the vicinage where such an opin-
ion is prevalent is certainly an un-
biased one. Such as the view taken
by Judge Walker, and he oyer-ruled
the motion, and the trial be-
gan. Capt. Peal is the defendants
attorney and he is making
as able a defense for the alleged high
wayman as il is possible to make. He
will take advantage Of every point Of
law, and every favorable circum-
stance in his behalf. If he is not the
man who rode the famous bay and
held the celebrated nickel plated re-
volver under the noses of so many
| Austinites during that exciting week,
when bandit was outdoing Dick
TerpIn OF Claude Duval on OR
streets, capt. Peal will see to it
that he is set at liberty, and in his
efforts every man, woman and child
in this county second him. On the
other hand if the young man is the
hero of those little pIeasantries our
able district attorney, Mr.. Sheeks, will
see that he is sent to huntsville for
about as long as the romantic knight
of the road will care to dwell in this
world of sin and woe, and in this all
will join a hearty support to his
efforts. There is no romance
in the case. Facts. cold, naked facts,
are what is wanted. Cold, naked facts
are to determine his fate. If these
show him guilty, his usefulness AS a
Dick Turpin is at an end forever; and
if the cold, naked facts show a reason
able doubt of young Makinson's bein !.
the hero wanted, he will be sent from
life, liberty and the pursuit of happi-
ness" Such is the sentiment of al.
He will get his just deserts; no more
and no less. IT there are chicken pie
and plumb pudding served around
the banquet board of a Texas states
prison he will eat pie and pudding:
| put, IL LACJ dlC ohippCl CuCtHC anu LILO
bareback of ordinary mortals earning
their bread by the sweat OF their
brows, it will be skipper cheese and
tard-tack just as certain. lie need
not be uneasy. His trial will be fair
and the result honest.
This being so we want TO add lit-
tie friendly advice. Pious advice =
not to him but to his friends and vel
wishers. Do not make the young min
Christmas Ipresents until he has hung
up his stocking on Christmas eve
He don't need croton oil. steel files
and clock springs just yet. He may
be nnocent-probablY i5-such is the,
wise presumption of the law, anyway;
and while we do not for a moment
doubt but what you slipped them ia
him yesterday for the most innocent
purposes, the finding of the file in oii,,
pocket of his breecheS aad the oil IN
another and the steel clock spiin1; hid
in his pants leg, by the sheriff, might
be construed as a lack of condolences
on your part in the effect OF the alii.i
to be produced on his trial
1t might be by some who ara
not real generous and noble. Ii "a as
undoubtedly your intention in giving
these toys to the prisoner. hat he
should use them to make jew's-harps
from the steel of the clock spriug 81,
to furnish little pastime in his Ion. :
illness; and he undoubtedly put them
in his clothes with the best OF motive,
but it is indiscreet. At such "a tine
you who know the goodness nt lis
unsophisticated heart and no iui,,,-
cence of his generous nature. should
not. even by so slight an inS;scrs tion.
add another circumstances to the cruel
chain that has been linked around him
in his misfortune by the acts
of those whom he unwittip2lx
took rs his friends. He is In
nocent-no doubt he is guiltless
but no man ever had such cause 10
cry out in his misfortune, "Oh. Lord.
save me from my frieDdsi7 Now. ia
all kindness, we say, be discreet. AZ
you love his purity and che.ish his
kind and innocent heart. wait TIL h,.
has had chance to show his inno-
cence before you make him such holi-
day presents-save them till the holt
day comes. The wicked LAWYERS win