The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-04-12
TOM VARNELL
A Celebrated Case on Trial at
Hllsboro A Lady's Tes-
tlLnODy,
A M lgnlficen GIFT to the School
Children by a Galveston
Millionaire.
Special telegram to The Statesman.

Special telegram to The Statesman.
HILLsBoRo, April 5.-The celebrated
case of the State vs., Tom p. Varnell was
called in the district court Wednesday,
April 4, when both sides were announced
ready for trial. A special venire of 13O
jurors was exhausted, when six Jurors
were obtained. The court ordered the
sheriff to summons special Venire of
sixty men for O'Clock Thursday, out of
which the remaining six Jurors
we're obtained. This is the case in
which Tom p. Varnell was indicted for
killing of Jonas H. Land on the night
of March 8, 1888. Tom p. Varnell
remained in hiding in the county for
sometime and finally fled to New Mexico
where he remained until October 10, 1885,
when he was captured by Tom Bell and
brought back by him to Hilisboro. The
Hill county Jail at that time was under
going repairs and he was taken by Sheriff
Bell to the Tarrant county Jail for safe
keeping. AS soon as the Hill county Jail
was completed he was transferred to it,
where he remained until on account of
his health he sued out writ
of habeas corpus before Judge
j. NJ. Hall, judge of the Eighteenth judi
cial district. Judge Hall refused bail, and
ordered him back to Jail, where he re
mained a short while, and again sued out
writ of habeas corpus, before Hon. j.
M. Hurt, judge of the court of appeals.
Judge Hurt granted him bail in the sum
of $4,000, which was promptly given,
and he was released from custody. At the
last term of the district court the defend
ant was granted a continuance on &C
count of the absence of an important wit
ness. The state is represented by
County Attorney L. S. Smith, assisted
by Hon. M. M. Crane, of Gle
burne. The defense is represented by
S. @. Upshaw and Thomas Dry, of Hills
boro; Maj. @. B. Perre, United States
district attorney, and Col. j. M. Anderson,
of Waco.
Public opinion seems very much in
favor of the defendant.
The first witness produced for the state
was Mrs. Emma Bessley, daughter of
Jonas H. Land. She testified as follows:
On March 5, 1888, she had party at her
house, and defendant Tom p. Varnell,
George Walker and others we're present.
About IL p. m. l missed my sister
Ella and Tom p. Varnell. After
huhtlhS lOl bhCh lOE oOlu6 UlIu6,
found them about 100 yards from the
house. Both were lying on the
ground struggling. My sister, on seeing
me- called and asked me to make Tom
quit as she could not. I asked him what
he was doing and pulled him up and con-
tinued to hold him by the sleeve. He
tried to get loose and told me to let him
alone, that he was id desperate man.
Gsorge Walker came up about
this time. 1 told Varnell who
had caught me by the sleeve
to let me go, that my father was coming
and would kill me if he found us standing
as we we're. Tom said, 'Let him come; /
will kill him if he does" About this
time my father came up with a liant ern in
his right hand and said to Varnel:
"Youpg man, what are you aLout?" when
Varnell jerked pistol from George
Walker and shot my father twice, killing
him instantly. My sister Ella ran away.
In the case of the State vs. W. l.. Rum
DO for the theft of horse, in which de-
fendant was convicted and given five years
in the penitentiary, ON motion of his
counsel, the verdict of the jury was set
aside and defendant discharged on ac-
count of defective indictment.