The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-04-10
CALLED UPON TO ANSWER FOR THE
ALLEDGED MURDER OF WHICH
HE STANDS INHIBITED

The Reese Irwin murder trial was
begun yesterday afternoon at 2 o'clock.
The usual skirmish battles first had
to be fought before the case could be-
gin on its merits. A good criminal
lawyer saves every point in his case,
particularly in murder trial, and as
the defendant in this instance is repre-
scented by such men as Buck Walton
and Col. Sneed, no point however tech
meal, will be permitted to pass without
a ruling and an exception.
As has been heretofore stated, a
special venirie for sixty men had been
issued and served, and these sixty citl-
zens in obedience to the summons of
the court had appeared In the court
room to allow the attorneys
to select from this body of
of men twelve suitable to sit in judg-
ment on the life or liberty of the de-
PENDANT. They were waiting for a
call to the box, when Major Walton
arose and addressed the court, saying
that, on account of the absence of
certain witnesses. the defendant could
not safely proceed to trial at this time.
These witnesses, except one, had been
duly served with subp9nas, and in
that case the document had been
Rl1CV0 III biAO l1ctANlo VI l.. H. All0I,
sheriff of Wise county. The three
witnesses who
HAD BEEN SERVED
were John Z. Rainey, Will Rainey
and man by the name of Weber.
These witnesses testified on the pre-
liminary examination before Justice
Tegener, and their evidence IN full
was read to the court by the defend
ants counsel as part of his affidavit
for continuance. The evidence was
very material, SIS their testimony goes
directly to the gist of the defendants
theory of self-defense, but as the de
PENDANT stated in his affidavit that
he could procure the attendance
of these witnesses by Saturday, and
that he had telegrm from the one in
Wise county saying he would be here
at that time. Judge Walker refused
to grant the postponement until Sat-
urday, but said to the defendants
counsel that he would permit no ad.
vantage TO be taken on account of the
absent witnesses between this and the
date to which it was asked to be post
poned The defendants counsel then
asked to have exceptions noted to the
ruling, and Judge Walker instructed
em to prepare a bill in
rCoRDANCE WITH THE FACTS.
bis had been done the Judge said
IT, firm tone: "Mr. Clerk YOU
enter fine for contempt of court
against the witness, John E. Raney,
of $50. Also so for a similar con-
tempt against VIII Rainey, and the
same amount against the other wit
ness served, Mr.. Weber. The sheriff
Of Wise county, I. r. Allen, who hi s
neglected to return the subpoena sent
to him l fine for contempt 800. which
You will also enter. You will also
forthwith issue attachments for
the witnesses who live in this county,
aud telegraph the sheriff of Wise
county to serve and return the sub
poena now in his hands, forthwith"
This act of stern and merited justice
on the part of Judge Walker SO
promptly administered caused a MUIR
muir of satisfaction to pass through
the large audience, aud later many
were the compliments paid our able
district judge for the course taken.
Sid one of the leading
CITIZENS OF THE PLACE:
If every judge in Texas would
take such stand as that witnesses
and officers would soon learn what
trifling with the order of a court
meant. After this preliminary bust
ness was over the slow process of get
ting jury began. II viii perhaps
take the most of the day to secure
twelve men who are acceptable to
both the state and defendant, and