Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-02-06
BEHIND THE BARS.
Two Young Men Arrested as High
waymen Who Seem to be
Innocent.
Is This Another DR.. wooten Come 20 Jnds
ments-Fatni Defects in story
OF Robbery.

4 ments-Fatai Defects in n story
OF Robbery.
Whatever may De the theory of the law.
the impulsye jurisprudence OF public
sentiment the man who is charged with
ieionious crime is generally esteemed
Euity until his innocence Is established,
Inc injustice Oftenhmes resulting from
this Is illustrated in the case of a man
now confined In the Tarraut county iail
awaiting trial. Readers OF TIM GAzRTrE
VIII remember the report OF robbery
alleged to have occurred near the Union
depot on the night OF November ~. m
which w. T.. webster who represented
himself as a COWBOY from the Territory.
assumed the role Of victim and j. A. Kerr
and w. Il. Smith, two young men.
strangers In the city--were named
as the highwaymen. Webster olnimed 10
have been knocked down aud robbcd of
$40 by Smith and Kerr. His story was
remarkably well connected and bore on
us lace all The ear marks of veracity. lie
SAID that he had been at work on cattle
rancho In the Territory, and accumulated
the stolen money after several years Of
service. Resigning his position as ranch.
]
( Denver road. After leaving the train he
met up with Smith and Kerr at the depot
VINO proceeded TO cultivate his acquaint.
ance, aud they remained in each others
company until after dark. In
The meantime several saloons
In the Third ward were viz.
isted, aud two or three TASKS OF whisky
| imbibed by the party Together they
started for the Union depot TO reach the
$3.50 p. M. north-bound Missouri Pacific
train, on which Webster intended to EN-
bark for Denton. Soon after turning the
corner at the foot OF Main street, Webs
ter alleges that his companions assaulted
and overpowered him, riding his pockets
and securing the sum mentioned. Smith
and Kerr were soon afterward arrested
tor the crime and being identified were
committed TO Jail in default Of heavy
bond at the examining The circum-
stances seemed to prove con-
clusiyely their guilt and had the
county attorney pressed the cases there is
little doubt but that they would both be IN
the penitentiary by this time.
The prisoners admitted all the details
OF Webster's story up to the robbery, and
even admitted the assault. This they ex-
planned as the result Of quarrel growing
! bNt VI AnN iuNl ilidl hGUSltI lldu nuI-
chased all the whisky AS they started to
the depot he demanded that they should
refund their part of the expenses OF the
evenings reyelry and being moneyless
they were unable TO comply. lie grew
angry and said that IL was equal
to robbery and at this they
gave him the pounding Parties came up,
attracted by Webster's shouts, and re-
marked to them that they had better run
| Fearing arrest and being without money,
among strangers, they did so. This was
the defense OF the prisoners, and later
developments 90 strongly toward its cor
roboration,
The first flaw in the testimony for the
prosecution came from Webster himself
He had stated that among the articles
stolen was check for $3.50 from man
named Robinson, his former en-
ployer in the Territory. After swear
| ing to this on the pre-
liminary trial he after Yards stated that
the check was only for $50. This contra
dIction bred suspicion, and further in
vestigation disclosed that there was no
such man as Robinson at the place in the
Territory indicated by Webster. 1t was
also ascertained that Webster had never
worked in the Territory, but that he made
O small crop last year near DIingerfield,
Morris county. He had stated that he
was single man; 1t turns out that he is
married man, and that his wife lives In
Denton county; it further developed that
he had recently been in Denton county
before coming to Fort Worth, and
when he left there had but
few dollars on his person. These facts,
contradictory of Webster's testimony,
seem TO impeach 1t, and leave but little
doubt of the innocence of the accused
men. These are boys, hardly out OF their
youth, of good education aud respectable
appearance. Kerr was recently bailed
out by brother, and Smiths bond was
reduced TO $500 by the court, but he still
languishes in jail unable to make II. The
strangest psrt OF the case is the
absence of any apparent motive
on the part of Webster for
preferring the charge. Friends OF the de-
pendants find one in the assumption that
it was retaliation for the beating they had
given him.
! In oil its details the case is very sim
gular one. II Smith and Kerr are inno-
cent, as these revelations seem to prove
them 60 be, they have to thank q lucky
star and the liberality OF the county attor-
new, which furnished time and circum
stance TO establish the fact.