The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-02-26
A CAUSE CELEBRE.
Nice PoInis of Law Involved-Eyen-
Handed Justice.


MERIDIAN Oh 20 -TCorrespondence l.
The woody tisl IN B0sque o1nnty, be-
ca use oi iih novel features, authorizes
iuiler account tnsn your correspondent
would feel Justified In taxing your columns
with M an Ordinary case OF killing.
John l. White, deputy sheriff Of this
county, and A. n. Woody, OF Fort Worth,
one Of lhe train guards on the Santa fe
railroad who was seeking to suppress train
robberiea aud suoking Of trains at night,
we're ioiatly arrested at the August term,
lssJ, for the murder 81 Bass k,yanaugh.
They chose TO sever. and. on the appl cs.
una OF states counsel. the venus vhs
changed a. 20 White, and ieiused - 10
Woody, aud the state continued as b
Woody, AZ the December term ~ Cls-
hurne the White case was continued, ANA
At the January term In Bosoue. iust ended,
the case OF Woody come up, ard alter four
days spent Ia II there was m,slriai, aud
the case Glands over to the August term.
IL 10 not tho purpose 10 eject public sentl.
ment as to either one, bat 10 give the pub-
lie striking points AZ 10 the law Of Tcx,s 90
connected with this case that your corres-
pondent feels authorized to refer
10 u and the rulings Of tho able
aud sterling Judge Abbott upon It,
points upon which there would have been
u review before the court OF appeals, II
here had been n conviction.
Tue state was represented by Hon. ]. NJ.
Massey, employed % prosecute: w Nj.
Knight the counvy and o. l.. Lookett, Of
he Meridian bar appointed by the court
The defense by Colonel w. NJ. Flournoy, OF
Waco, assisted by Colonel J. o. Jenkins, OF
Waco, and Colonel Herbert Fielder Of
Meridian. the trial was managed with
great 3, nj on both sides, the judge and jury
welt composed gave IL profound and deeply
Interested attention.
kavanaugh, the deceased, was under 10
dictment for murder in Houston county
where no was raised, and had lived In
Bosquo county, but at the time was fugi.
tive and under general repute as man OF
desperate character. The sheriff OF Hous.
ton county had sent capias with particu-
lar caution to Whitworth. sheriff OF Bosqre
county, who had given instructions to
White and Prophet, deputies, living IN dii-
ferent paris OF the county and all had been
on the qui vive to find and arrest the party.
Prophet had met him and been r, sisted
by arms, and had. without notifying his
principal or White returned the capias 10
Houston county few days before
the killing , WSsd ~ wh had for so ssss
time before and been rejected by him T.
nck on for the fugitive. The evidence OF
Prophet. when offered n show thGt he had
been resisted by Ksvanaugh, was rejected
by tho court. The deputy sheriff, White,
who had previously had the capias, and
did not know Prophet bad returned II,
coming out rom Waco TO McGregor on bis
return from the Federal court with other
witnesses, in March last, found that
K,vensugh was on the train; Mo)dy was on
the train rlso; at McGregor he summoned
Woody and DJody another train-guard to
sssis him IN making the arrest hut
Kavanaugh, who knew their purposes, left
and undertook to escape across the prsiries
toward Harris creek; they pursued, White
armed with the pistol he usually carried,
and Woody and Dowdy with their pistols
and ono with = shot gun. tho other With n
Winchester rife. Dowdy whom the prose-
cution did not know was not indicted. and
was n witness in the case for the defendant.
There was prooi that KavSua1gh was armed
with pistol and other proof tending to
show that he was not. The iii ght and pur-
suit were witnessed by a collected crowd.
The killing was about mile distant from
the depot, and alter the pursuers had en-
tered the brush Of the creek and the fugi.
tive had crossed Il into the open held
beyoad some Of the witnesses who did
not follow, saw the smoke Of the gun. and
the smoke Of two shots from where he was
fleeing; two boys who had followed on, saw
them distinctly; Dowdy testified positively
to the two shots; that h. had stood them
off two or three times before he had crossed
the creek; that he threw away his pistol
and was shot from the back by one OF the
prisoners not then In his sight, the pursu-
ing parties having separated; Witnesses tor
the state standing near the place OF starting
representing the three prisoners AZ being all
nearly together at the time; proof as TO two
searches for the pistol, and at later period
the finding Of it, imbedded In the mud
where 1t was under water at the time, with
4 md Ian bor pNa w N
on the third. Such is an Outline only Of
the d. ,puted points on the facts. The ball
entered the upper part OF the thigh from
the rear and broke the bone. He was i'm
medistely brought on the evening train to
Meridian, where some months later he died
OF the wound in jail, thus giving jurisdic-
ton 20 the district court OF Bosque comfy
to try him.
ETC.,, offered after the other
proofs had been made. his character as n
desperate in Bosque, Houston and other
counties whero he was known.
to the Jury, in addition to the general law
of homicide, the controlling points OF
which were that while j. l.. White, the
deputy sheriff. had power and it ives his
duty TO execute capias IN his hands in
BosQue county, in which he was actihR,
and might pursue party and arrest him
under II in another county, and had the
power TO summon as many citizens es we're
necessary to make the arrest. he had no
authority to make an arrest out OF his
county unless he had the capias at the
time, and II he did not have such capias he
had no more authority than any other pr'.
yate citizen; aud that private citizens could
not lawfully make an arrest without war
rant. even In felony case, except where II
was committed In their presence or view,
and the party was about to escape. That
in such case the arrest by White, without
the cap,as, would be Illegal and the party
was Unsuitable in resisting. and that the
killing of him in the attempt to arrest HIM
by White or any OF bis posse would De
murder, In them all al Ike.
The court declined t. give ell charges
asked w defendants counsel, rs to excuse
mitigationon tbep~ TT of Woody, in case he
knew the official character Of White, and OF
tn. neDdine Indictment against Kavauaugh
and mad no knowledge of the absence OF the
capiss, and acted In good faith. under the
belief that he was bound by law 70 do so;
and in case there wasno assault on him until
after tae pursuers were put in danger ~
shots fred by him at them
Judge Abbott has the confidence and 60.
TEEN OF the people, and gave intense study
70 the case. The peopls strongly sympa-
thise with Woody, and u resulted as stated,
In a mi.trial Numerous authorities were
reviewed IN the argument, and the rulings
OF the Judge, are upon his natural Judgment
Of the law OF Texas, as ~ now IL, applicable
TO the case.