The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1890-03-13
FORT BEND CASES.
THEY ARE CALLED IN THE FEDERAL
COURT AND MOST OF THEM
CONTINUED
TO NOVEMBER TERM OF COURT
When They Will Again Come Up
A Compromise With the Negro
Ferguson for $4,000.

GALvEsToA, Tex, March 10.-The Fedora
court building was the center of interest to-
day end quite crowd was in attendance
to hear the Fort Bend conspiracy case.
Every precaution was taken to protect the
court and witnesses. A number OF heavily
armed United States deputy marsbals
guarded the inside of the building while
squad of police under immediate command
of Chief of Police Jordan held watch over
the outside. All persons seeking to enter
the building were carefully searched for
arms and every precautlon taken to pre-
vent a recurrence of the Gibson-Terry trag-
edy. Court convened promptly at 10 a. m.
and after the transaction of some minor
routine business United States District
Judge Boarman announced that the con-
spiracy cases against citizens of Fort Bend
county were i'll order, and said he would
bear from the government attorneys why
the demurrer of the defendants should not
be sustained. The counsel for the govern
ment announced that all the defendants
had not been served with notice as re
quired by law. Judge Boarman replied:
I'VE will take up only two of the cases
then, the Garvey case first"
Government counsel then read sections
of the revised statutes on which the IN
dictment was predicated. 1t set forth that
G. M. Parnell and others shot aud killed
T. J. Garvey. Counsel held that the de
PENDANTS had combined and conspired t.
murder Garvev, but before proceeding fur
ther they would like to hear from the de-
PENDANTS counsel and then make such an
swer as was necessary to retute their argu-
ments.
The court thereupon stated that it would
like to hear them principally on this point:
Was the allegation in the indictment sutfi-
cient to bring the case into the Federal
not; no constitutional provision had been
violated and it was not charged that
it was the intent to deprive or tnat any
one was deprived of his elective
rights in voting for Federal officer. The
provisions of the fifteenth amendment
could not apply in the case. No showing
being made that anyone was interfered
with on account of race, color or previous
condition of servitude and this provision
only applied to colored men, and Carney
was white man.
The indictment was also fatally defective
in that it charges conspiracy with intent to
infringe on certain rights, but does not
state the intent.
The government coun lei made no reply
and submitted the case. The court re-
served his decision and continued the cases
until the November term Of the court.
The Indictment for subornation of per-
jury against Yandall Ferris and others,
charged with attempting to procure false
testimony, and G. NJ. Ferguson and J. NJ.
Moore, growing out of the civil cases
against the citizens of Fort Bend county
was next argued on demurrer, and the de-
cision reversed and the cases continued I'M
til the November term.
The cases of G. NJ. Ferguson and Davis
against forty-two citizens of Fort Bend
county for damages approXimating in the
aggregate $4,000 was dismissed at cost of
defendant. A compromise has been
effected, whereby Ferguson receives $4,000
and Davis $1C00.