New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-12-07
GREAT ISSUES AT STAKE.
A REMARKABLE CASE TO CONE BEFORE THE
SUPREME COURT THIS WEEK.

STORY OF FORMER REPORTERS DISCOVERY
AN ALLEGED FLAW IN THE JUDICIAL SYS-
TEN OF TEXAS WHICH WOULD NULLIFY
DECISIONS OF TILE LAST ELEVEN
YEARS AND SET HUNDREDS
OF PRISONERS FREE.
Washinrtcn Dec pew things in the realm
~ fiction contain greater possibilities than to
h. found in a remarkable which Will be pre-
s.pted in the Supreme Court of the United States
some day in the coming week. There is nothing
in the dry brief itself which dscoses the dramatic
character of the case, but last evening | had
opportunity of becoming acquainted with the hero
OF this story, and from him learned picturesque
and dramatic chapter in the judicial history Of
the country The case which is so soon to be
presented involves the lives of twenty or thirty
neople now lying under sentence of death it
means imprisonment liberty for over 3, 900 peo-
ple now confined in the penitentisries of Texas
and the title TO property passed upon by judicial
decisions in that State during the last eleven
years. There is great curiosity in legal circles
10 learn what the Supreme Court will advise in
view Of the declaration of the apparently incon-
testsble declarations in The brief The opinion Of
two of the best lawyer in the Fast, given after
deliberate examination of The case, sustain the
view involving the wipine out of all judicial
proceedings in this great State during the last
eleven wears.
In brief the point at issue relates TO the codfca-
ton of the laws of Texas. This was done eleven
years ago. This codiication delegated TO be
performed By clerk Of the name of Lyle 1t was
done in a slovenly manner, according TO the
allegations Of the brief and the codification was
never afterwsrd ratified by the Legislature. As
H.
the codifcation and the judges were appointed
in accordance with these specifications of the
ratified code it follows that if the point made in
this case is good all of their acts for the last
eleven years null and void that every man
executed has been judcially murdered that every
person imprisoned has been falsely imprisoned and
that every Judgment given relating to property
values can be set aside if the Supreme Court of
the United States finds the allegations set up
correct.
The point Of this will be argued in the
application of Dick" Duncan, who is under SEN
tence of death. The as it stands in the
Supreme Court is Dick Duncan versus 7. r.
Mccall Sheriff of BeXar County, TeX. This
is merely test case. and involves the rights Of
every man under sentence of death in the State.
The history Of this startling legal case is peculiar.
It's development is piece of enterprise of Texas
journalism.
Thomas Jefferson McNlinn is the hero of this dis
,overy. For number Of years he reporter
upon The 81 Louis Globe. Democrat From
that service he went to San Antonio, and there
connected himself with q" The San Antonio Times.
Within a short time he was advanced 10 the
Office Of editor of the paper, and as editor he be-
gan wal upOn the gamblers Of San Antonio
san Antonio wss ruled bv a bad element The
NioNio hole Hold no In
icary every election they imported from across the
RIVER ether Mexican ralf-br"cds as f. run the
elections The majority Of these men
II the desperate criminal class. Mr. McMnn
began War upon them ia his newspaper by c9li-
ir- upon tho police - break mp the gambling
houses of the town. In doing. he SAYS
hr incurred the cnmity of the Mayor who was
himself McN.caA by birth. The first evidence
Of the Mayors en,aitv was shown in the attempt
Of the municipal authorities 70 levy tax upon
Mr. McNiinm for practising the legal profession.
Mr. McNinn had studied law before entering the
newspaper business. with Senator Turpic, of IN
diana, and during lis stay in San Antonio
lad appeared in case t. assist some one who
hc thought was ILLEGALLY imprisoned Tie taN
known rs the occupation tax levied was not a
great one II rot more than 50, hut Mi.
McNnn said that il was we'll known that II"
was not a lawyer in practice. and that thc
taX levied was hit of malice. He therefore re-
fused to pay it, and said that he would 60 10 Jail
and serve time. In the cOure Of the proceedings
against him, and they are not yet settled, Mr. Nc
MINI made the discovery regarding the codifica-
ton OF Tie laws fall description Of which appears
in the brief submitted in the supreme Court.
Last evening | had an opportunity Of talking
with Nj. McMinn and learned from him some Of
the peculiar incidents of this interesting case Mr.
McMinn is about thirty-fye years old. He Is Of
medium height and is Inclined 10 be stout lie
dressed in black. He has the look Of Ger
man. although from his nar1c ne is undoubtedly
Oi Scotch descent. lie has al air OF great energy,
firm resolution and Tremendous reserve power.
lie has been denounced throughout his State and
has stood up in this night ssalDst entire com |
munity with only one friend. Wien he made |
the issue, il involved 50 much that the entire |
community turned upon him. The people who |
were friendly 10 him before now stopped speak !
ing 10 him and turned their heads IN an opposite |
direction whenever he appeared. lie was driven |
out OF his paper, and his old enemies. the |
Mexican hali-breeds. stood ready At the first OPP
portunity TO ass1ssLatc him. He found himself |
al the beginning of his cdsc without money and |
without friends. lie went from one lawyer TO
other for assistance and found Tclusals every
where. The lawyers said that il would he perfect
madness 70 push the case. As it involved the
wiping out Of the work OF every lawyer and Judge
for the preceding eleven years, it might in the end
shatter the financial credit Of the State Mr.. Nc
MINI was called crank and absolutely Stunned
as an enemy.
Bat he was made OF too stern stu1 ~ he driven
away from \ fight when once II had begun. From
the penitentiares, from the class of men con
demned 10 death end therefore catching at every
dcspairng hope, came to him fees 10 try this issue.
,ph oh 80 fr1 in
Within a few days the pcnniless newspaper man
bad from 81 1000 10 100000 to 20 ahead and
II1Se the fight. He made up his mind that he
would continue 10 keep his home in San Antonio,
notwithstanding the daily threats that were made
against him lie did not even arm himself When
lie went out durinS the day he s'npiy carried a
heavy stick, but he made il an absolute rule
never 10 go out OF doors after dark Tie only
ear That be cnuIl LaYe from the McNlcanS was q