Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-04-06
hiLLSBURO.
Tho Exciting Trial of Tom vsraell for
Murder Judgment net Aside.

Tho Exciting Trial of Tom vsraeM 70,
Murder judgment set Aside.
Special TO the Gazette.
HILLsBoRo, TEX, April 8 The cele.
brated case of the State vs.. Tom P. Var
nell was called in the District court
Wednesday, April 4, when both sides ar.
nounced ready for trial. A special venire
of $50 jurors was exhausted when si1
jurors were obtained. The ccurt ordered
tie sheriff to summons special venire o
sixty men for O'Clock q. N. Thursday,
out Of which the remaining six jurors
were ootsiued. This is the case In which
Tom z. VsrDell was indicted for the
killing OF Jonas q. Land on The ngnt OF
March 1888 Tom PVarneL renamed in
hiding In the county for some time, and
finally fed to New Mexico, were he re-
manned until OcroEer Is, 1885, when he
was captured oy Tom Bali (who vas then
sheriff., ard brought back By him to
RIllsooro. The Hill county jail, st that
time undergoing repairs, ne was taken by
Sheriff Bell 10 the Tarrsnt county jail
for safe keeping. As soon as the He'll
county jail was completed, he wss trans
ferred To il, where na remaineo, until on
account OF Ill health, he sued cut writ
OF habeas corpus before Judge J. M
Hall OF the Eighteenth ,judici.l district.
Judge j. M. Hsll refa ed him bsil and
ordered him oack to isil, where he re-
manned short while, and again sued
out writ Of habeas corpus
before Hon. j. NJ. Hurl,
judge Of the Court of Appeals.
Judge Hurt granted him bail In the sum
of $4,000, which was promptly gwen and
he was released from custody. At the
last term of the District court the defend
ant WAS granted continuance on account
OF the absence OF an important witness
The state is represented by the County
Attorney T. s. Smith, assisted by the
Hon. NJ. M, Crane of Cleburne. The de .
tense is represented by S. G. Upshsw and
Thomas Ivy of HlIsboro; Major C. B
Pearre, United Safes District Attorney,
and Colonel j. NJ Anderson of Waco
Public opinion seems TO be very much In
favor Of the defendant.
The first witness iotrodaced by the state
was Mrs. Emms Bessley. daughter Of
Jonas II. Land. She testified SIS follows:
On March 5, 1883, had s psrty at our
house. Defendant, Tom 2. Varnell,
Gorge Walker and others were present.
Aoout ii O'Clock p NJ. missed nv sister
Ella and Tom P. Vsrnell. After huatir z
for them for some time found them
about 100 yards from the house. Both
were lying on the ground, struggling
My sister, upon seeing me, called and
asked me to make Tom quit,
she could not. l asked him
what he was doing, and pulled
him up, and continued 10 hold him by the
sleeve. He tried to get loose, and told
me to let him alone; that be was id
desperate man. George Walker came up
about this time. L told Varnell (who
had caught me by the sleeve to, let me
go, that my father was coming, and he
would kill me il he found Us standing as
we were. Ton ssid, "let him come, l
will kill him il he does" About this
time my father came up with lantern in
his right hand, and said TO VsrneIl,
Young man what are you sbout?" When
Varnell jerked pistol from George
Walker and shot my father twice, killing
him instantly. My sister Ellis ran away.
In the case OF the state vs. WI Rumbo.
for theft OF horse, in which defendant
was convicted and given five years in the
penitentiary, on motion of his
COUNSEL the verdic. of the jury was set
aside and defendant discharged, on &C.
count of defective Indictment.