Waco evening news. (Waco, Tex.) 1888-1889, 1889-05-02
TRIED FOR HIS LIFE.
Lafayette Bivens on Trial for q
Death Penalty Crime.

| iAc WuCiCVCI ~ Idiio ouu Ou WuaVcNVi ~
rests, and the district court room this
morning felt and confessed its'infuence
as the case Of Lafayette Bivcns was call.
ed. For, the crime Of which Lafayette
Bivens is charged is the foulcst crime
known in the category Of crimes Of a
sinful world, and one for which there
is no show Of pity in the heart Of
judge, jury or the outside world and
the penalty is justly death. In this
particular case, to the horrors Of ravish-
ment, is added the additional horror
Of the charge that the CRIME was CON-
mitted on the body Of one of bis own
offspring.
The atrocious crime for which the
defendant is arraigned to-day before
the bar Of his country, is allege to
have been committed on the second
day Of March, Of this year, at solita-
ry farm house, two miles from Ross
Station. On the afternoon of that day,
according to the information on which
the warrant for the arrest was issued,
his wife being away on visit, he sent
the smaller children to the woods on
some pretens and his twelv:-year. old
daughter, Fannie Bivens, to an out
building on another pretonce, when he
followed her and forced his helpless
child to submit to his lust, and after.
wards beat her cruelty and unmercifml-
ly to terrify her into concealment of
the crime. The condition of the child
excited enquiry among the neighbors,
and on the Saturday following, on
which the alleged crime was committed,
Lafayette Bivens was arrested and
stolen away to Waco on Saturday night
and lodged in Jail when the grand jury
being in session day or two after, he
was held to answer to the charge of
rape.
What added additional terror to the
alleged tragedy, was that at the time Of
the arrest the patient and long suffer
ing wife of Lafayette Bivens was in
the throes Of maternity and accumulated
trouble and the shock of the crime
charged and the arrest proved too much
for the poor woman, she gave up the
struggle Of life in despair and in spite
of the ministration Of kind neighbors
failed to rally and, died away from a
world that must have seemed to her at
last too wicked to live in.
The case was called in court this
morning at ten o'clock. Judge Dick
enson has assigned eminent council to
the accused Jno. L. Dyer and j. C.
jenkins Esq's.
The impanelment Of jury lasted all
the forenoon and the last juryman Hay.
den Davidson was sworn in just as the
bell in the court house clock tolled the
the hour Of twelve.
Forty seven jurymen were called
Of the list eight were challenged by the
state, twelve by defendants council and
fifteen were excused for cause. The
following is the roster Of the jury.
j. E. Savage, G. w. Stubble6eld, H
w. Newton, J. D Welch, r. B. Thorn
as, NJ. Sterling, H. w. Saddler, w. A.
Putnam, S. A. Hendricks, Perry Green,
T. W. Rozell, Hayden Davidson
The trial began at half past one
with Fannie Bivens on the stand The
witness is a girl Of pleasing face and
form, and. according to her own eyi
denee 10 years ole last October. Hsl
testimony was direct and positive a,
to the act of incest committed several
times previous to the alleged crime
and positive to the assault on the day
named in the indictment.
The cross examination was directed
evidently not to disprove criminal con.
nection, but that of the serious Of
fence charged, and this was also tn
evident intent Of the cross examination
of the next:witness, DR.. Hayburn
who passed by at the time and place
Of the alleged crime, and was PARTIAL,
an eye witness. The defence is man
aged admirably, and it was Christian
charity on the part of Judge Dickin
son to appoint such able lawyers TO
the defendant, Bivens. The testimon,
is, of course, unfit for publication
but the outcome of the trial is mat
ter of public interest
The hearing Of testimony was finish
ed and the argument Of council bega,
at half past four. The general Outsid
impression among those who listene,
to the evidence is that the charge O
rape will not be maintained.
A stock man Killed.
SALT LAKE, U. IT,, May 1.-Lorir