Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-02-13
CENsURING SHERIFF SMITH.
The Grand Jury Passes a Severe Censure on
Sheriff Smith.


sheriff Smith
BIRMINGHAM, Ala, Feb. 9.-The
grand jury, which has been in session
since January 8, adjourned to-day, hav-
ing returned 2lS true bills, twenty OF
them for murder in the first degree.
The following is the special report Of the
jury on the shooting at the county jail on
the night of December 8:
To the Hon. Samuel F. Greene Judge
of the criminal court of Jefferson county:
As the grand jurors for the January
term, 1889, we cannot feel that we
have discharged our sworn duty
without making some reference
10 the riot of December 8,
1888, which ended in the shedding of the
blood of so many OF our citizens in front
of the county jail. This grand jury is
scarcely able to draw the line of demarca-
ton where approval of the conduct on
the part of Joseph $. Smith, Jr., the
sheriff of this county jail, should end,
and censure begin, while in the discharge
of his duty in guarding the jail against
the attack contemplated upon the same.
Representing as we do in part, the SEN
timent of constituency, We deem it
right and proper to say that the sheriff
was eminently justified, both in the dis
charge Of his sworn duty and in the
preservation OF the law and order, to have
gone to any length to secure the end
aimed at; that is the protection which the
law of the land gives to every person I'M
til a far hearing is given to him. To Sc
cure that protection he was justifable TO
invoke the strong arm of the law, which
unfortunately in the face OF eircum-
stances, had to be resOrted to. We can
very wen appreciate the situation in
which the sheriff found himself placed on
that memorable night. When he found
himself confronted at the jail by a gath
ering which in the eye of the law, he was
justified in considering mob. He was
justifable in shooting into it after notif-
cation had been given not to encroach
upon certain bounds, the passing of
which he had a right to believe was a
menace to the Jail end the prisoners con-
fined therein.
If this was the only question to be con-
sidered we could fully iudorSe the sheriff
in his conduct and the result thereof,
Notwithstanding the terrible sacrifice
with which it was obtained. There IS
another side TO the question. The jury,
after exhausting all sources of infOrma-
ton, have come to the conclusion that
the sheriff on the evening aud night IN
question, did not evidence that diligence,
Judgment and GOODNESS necessary in an
officer of the law, the authority of which
clothes him with so much power. Had
he displayed these qualifications, thus
combining Herewith the brave de-
termination to defend the life of his
prisoner, it is our humble but honest
Judgment that all loss of life might havs
been prevented, and the necessity to re-
sort to shooting prevented. The proper
defense of the jail should have been made
at the intersection of Third avenue and
Twenty first street. Had the requisite
number of guards been placed there, de-
termined and resolute; if our military
had been called out TO assist in holding
the point mentioned; the same could have
been accomplished without the shedding
of blood; yes, without the firing of a
gun. From all the evidence we have
been able to gather, there was a lack of
determination on the part of the guards
at the points mentioned. It must not be
forgotten that so far as we have been
able TO learn that there was not
seen on that night any man ia
whose hands were to be found any
weapon. This fact admitted we can
not reach any other conclusion but that
the mob could have been held at Twenty
first street and Third avenue As il
was, the four men stationed there
yielded without any attempt to stop the
mob. Next we find that there was no
necessity for the firing which was direct
ed towards Twenty first street and
Fourth avenue, and, if it were in the
power OF the grand jury to say who it
was that fired in that direction, or who
it was that fired from the middle win
dow of the second story of the old jail at
the few people gathered there, including
as it did some of our best people, who
were manifestly there to maintain order,
we will not hesitate to say that If
we could have found ont who these par
ties were. we would have been justihable
in finding an Indictment for unlawful
shooting, wounding and killing. It is a
matter of public notoriety that our
people were very much incensed and ex-
cited at the murder of Mrs Halves and
her two children. Naturally crowds as
sembled to discuss the terrible crime, and
while it is true that two or three persons
did advise violence, the prompt arresting
of them would have precIuded that which
followed In our endeavOr
to secure evidence which contemplated
the finding of a person who was the
leader, or who, by his conduct, could
be regarded as such, we have failed
Much more might be said.
1t is better to subserve the ends of peace
and harmony to say no more, but in con-
clusion we say that we have been taught
a terrible lesson at most terrible cost.
The same end could have been reached
without bloodshed, by deliberation, iudg-
ment and discretion. Respectfully sub
mitted, SAMUEL ULLMAN, foreman
This report was a surprise. Many peo-
pie thought Sheriff Smith and his depu-
ties would be indicted, while others
thought the grand jury would declare the
necessary and lawful
Beecham's Pills act like magic on weak stom-
ach.