The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1890-08-07

Wen as physical force IN CRIME com.
mission. If either be lacking it is not
crime, though it may be misfortune
intended to tell the jury all this and
also the power husband has over his
wife. That could take that iden
teal coin home, base as it was,
spurious as it was, and give it to my
wife and tell her it was good and to 90
and spend it, ana she would do so, and
any member of the jury could do the
same thing; that the old apple story
of Eve and Adam in the garden of
Eden, though reversed as to the giver,
is still going on in every day life
in Texas and will continue to so to the
good of the family until
time is no more. For what is a fam
lily without confidence among its diff
ferent branches, and especially among
the heads. | reckon l got some of
it out of me, for when I took my seat
the perspiration was dropping off of
me in big beaGs, and l was as hot as
young Texas barrister usually gets
when doing such work, and / felt as
if told everything knew. 1 looked
at Bertha, she was still laughing. /
thought, well, she does not know any
more of what I said than of the
governments counsel. The jury
looked disconsolate and serious.
I took it from their faces
that some Of the governments coun-
sells best sown seed had been plowed
up or trampled on. Judge Maxey
gave me kind look. But the most
pleasant thing I saw in the court
house that day-and you know a
young barrister always looks out for
such-was my dear friend d. H. Hart,
the clerk, and clever, good fellow he
is, too, a regular bout with the bar,
always encourages home talent and
looks after the inconvenience of the
young barrister, who gave me q good.
broad smile as only he can give
and from which l knew it mattered
not how all the world stood on
rights of this woman. Hilly was with
me Gor he was not married then, you
know, my boy, and it would have
made no difference if he was, for he is
chivalric fellow and wants to see a
woman get her rights anywhere, es
pecially in the courthouse.) The gov
ernments counsel addressed the jury
again in speech of about half an
hour more vehement and denunciatory
than before and the fire works of elo-
quence closed. Judge Maxey
charged the jury and gave
one OF his best and most impressive
charges l ever heard completely
covered the case as he always does.
The clerk handed the papers to the
jury. The judge appointed Ed. Taylor,
foreman of the jury, one of the most
intelligent members. The marshall
solemnly filed them out of court into
the jury room with Bertha, the de-
PENDANT, still laughing. The judge
retired to his room close by with in
junction to the marshall to call him if
the jury agreed.
The governments counsel retired
to his office to prepare for the next
onset. 1 lounged around in the court
room with feet upon tops of the backs
of chairs and back resting in the bot
tom of another, anxiously awaiting
results with only that relish which a
spirited young barrister knows before
the experience of Texas practice has
cut holes in his ardor as big as sword
slashes. Bertha in the keeping of the
marshal walked the courthouse floor
or sat in the large oak chairs and
laughed as much as before at every.
thing that came up. My interpreter
a good Mexican through sympathies
for his race asked earnestly what
thought of the case. Did l believe
the jury would acquit. He hoped they
would. After some little time loud
solemn rap was heard on the jury room
door coming from the inside and |
knew they had agreed. The marshall
went to them, opened the door and led
them into court, while his good deputy
Chss. w. Pace with warlike tread
that has made many violator of the
law seake, went for the judge. He
came in quietly and pleasantly, took
his seat calmly in the big chair of jus
tice and ordered the marshall to open
court. He yelled out: "Oh, yes, oh,
yes, the honorable district court of
the United States in and for the
Western district of Texas is
now open pursuant to adjournment.
God save the United States and this
honorable court" | walked inside of
the bar and took my seat. The de-
PENDANT was filed in still laughing and
sat by me. The governments counsel
was sent for. He came hurriedly, and
took his seat at the outer end of the
long table from where sat.
The judge IN good kind voice
asked the jury solemnly: Gentle
men, have you all agreed~ Mr.. Tay-
lor, the foreman, sprightly answered {:
Eyes, your honor" while the others
nodded assent. 1.-THE foreman will
pass up the verdicts to the court" re-
sponded the judge. A bright new
sheet of legal cap paper in two folds
was handed to his honor by the fore
man.
He examined it to see if correct as
io form, apd cow q sweat Smile crepn