Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-01-29
THE RACE OF CAIN.
The Sheriff OF Medina County WEI
60 to the Penisen'iary for
Tweniy-Three Years.
ys ND HI. murderous Work When Bis
Victim was Aslsep-Death Penalty
Affirmed In Another Case.
A CELEBRATED CASE.

a
Special to the Gazette.
GALVESTON, Ten, Jan. 2I.-The cele-
brated case OF z. Thumm, sheriff OF
Medina county, VS.. the State, was finally
decided by the Court OF Appeals to-day,
sffirming the verdict of the District court
which sentenced Thumm to term OF
twenty-three years in the penitentisry Tor
the murder Of J. W. Hildebrandt, the
young San Antonio attorney. The brutal
killing OF Hildebrandt and the trial OF
Thumm attracted widespread attention
throughout the country. AS the sheriff
OF Medina county, Thumm had achieved
wide notorietv. Hlldebrandt was his
third victim. His first killing occurred
in Mason county in 1879. The next was
the famous Niglii case in 1856 at Castro-
vile, where ne shot down in colo Dlooo
Deputy United States Marshal Freo
Niglii while the latter WAS half asleep In
his chair. After an exciting trlai
at San Antonio Thumm was
scquitted on the ground OF self-defense.
He killed HildebraDdt on June %, 1887,
at Castroville, only te" months atter
tie formers acquittel. The murder &C.
rrad in the county clerks office, Wnere
|
when attacked from behind by Thumm,
who beat him numerically with a large
muctIsge bottle, finally shooting his VIC
tim down 3 ne he'd. The case WAS taken
| to Kendall county on a change OF venue,
and Thuum was sentenced to twenty FIVE
wears, 1t was currently reported at the
time that the fury had reached this YER
dict nv drawing straWs to determine the
length o. sentence. Major Walton, chief
counsel for Thumn, appealed the case,
claiming the lower court had erred In re-
iusing to Instruct the jury upon the law
of self defense and manslsughter. The
Court Of Appeals, in its finding, after re-
viewing the case st length, says In part:
at any necessity arose for MIN TO Kill
the deceased to protect himself from In
iury. that necessity was procured oy
his own Wiliull and malicious act
1t is manifest TO our minds, from the evil
dence, that the assault was made Oy
Thumm in the first instance with deadly
, intent, with q heart fatslly bent on mis-
! chief. with the purpose and formal design
; that such assault should result in the
. death of the man he hated. There IS NJ
DOM, It seems to US, for the 1mpsrtla
mind to reach any other conclusion IRON
!, the evidence es to the intent OF defend
! ant. We cannot construe the facts so 81
l 20 make them fairly raise the issue
!. imperfect self defense. We are clearl
.. OF opinion, therefore, that the court OH
: = not err, but acted properly in omittln
= , and refusing to charge the jury upon II
; law OF self defense"
The opinion w.s delivered by Judg
Wilson and concurred IN by the enti1
:, court. Thumm is still Sheriff OF Meolu
II county, but after fifteen days from TIL
morning all his privileges as citize
cease and the Office becomes vacant.
ANOTHER INTERESTING CASH.
Another case of Importance decided Q
e the court was that Of Chilis Banks vs.. To
!; State, from Chambers county, wherei
(. the death penalty ieiaftirmed. Banks VIZ
a. convicted of killing Martha Henderso
N over s year ago. An appeal was takenlo
N the ground that the indictment WI
81 fatally defective in that II did not chars
that the defendant "killed and murdere
Martha Henderson" Judge Hurt In q
opinion holds that the words "did wi
malice aforethought kill Martha Hende
son by shooting her with pistol" CO
Id stituted a valid Indictment in the cas-
Banks will be hanged at Wallisville ear
this spring.