Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-08-03
The Supreme Court Of the United
States Takes Cognizance of the
Celebrated Case.
The COnstItutionalIty Of the Texas Penal
Code VIII be Tested Before the
Highest Authority.
Startling Developments of a DEy-The
Proceedings IN FulI-An Impartial
Trial Wanted-Probable Result.

{.
on Sept. /.
The bright star of hope has again
arisen to gladden. the vision of that con-
demned felon in the Tarrant county jail,
who during the weary months
of his long imprisonment has never
given himself over to the
misanthropy that usually follows upon
such solitary confinement when the
heart-wrenchinG thoughts of approaching
doom at the hands of retrbutive justice
bars the way to all remembrance OF hu-
man associations.
Byron q. johnson, attorney for
Davis, returned Yesterday morning from
Austin and Washington, D. c., bearing
with him the following document which
bears it own Interpretation:
UNITED STATES OF AMERICA, IS. I
THE PRESIDENT OF THE UNITED STATES.
To the Honorable Judges of the Court of Appeals
OF the State OF bxas-Greeting:
Because. in the record and proceedings as also
in the rendition of the Judgment OF plea which
is IN said court of appeals before you, between
J. w. Davis, who is appellant, and the State OF
Texas, who is appellee, No. 352g. on the docket
of said court OF appeals sitting at Tyler IN SAID
state manifest error hath happened, 10 the
great damage of the said j. W. Davis. who is
plaintiff in error herein as by his complaint ap-
We, being willing that error. if any hath
been, shOu d be duly corrected and full! and
speedy justice done to the party aforesaid, IN
his behalf do command you, if judgment be
therein given, thaS then, under your seal dis
tinCtly and openly you send the record and
proceedings aforesaid, with all things concern
ing the same, to the supreme court OF the United
States, tog ether with this writ so that you have
The same at Washington on the second Monday
OF October next, IN said supreme court, 10 De
then and there held; that the record and pro-
ceedings aforesaid, being inspected by the sad
supreme court, may cause further to be done
therein TO correct that error what of right and
according to the laws and customs OF the United
States should be done; and that the execution OF
said judgment be stayed until this writ OF error
Witness the Honorable Melville
W. Fuller, chief justice OF the
supreme court, the 5lst day of
TsEALl July II the year OF our Lord,
1890, ard seal of said circuit
court at Austin in the llith year
of the independence Of the United
States.
Allowed by John P. White, P. j., court OF ap-
P''''' D. H HART,
Clerk of the Circuit Court of the United states,
Western District of Texas at Austin, by
GEORGE +. JERNIGAN, Deputy.
UNITED STATES OF AMERICA, (
WESTERN DISTRICT DE TEXAS.
l. D. II. Hart, clerk Of the United States cir
cult court in and for the Western district OF
Texas and Fifth circuit at Austin. hereby GER
tify that the above is a true aud correct copy of
the original writ Of error, iSsued this day by the
Hon. Melville W. Fuller, clief justice OF the
supreme court of the Unified States, under my
With ,ss my hand and official seal at
[sEAL.l Office IN the city OF Austin, this the
3lst day of uly, A. D $50.
By GEORGE F. JERNIeAN, Deputy.
1t is Only ten days since Attorney Johu-
son left Fort Worth. During that time
he proceeded to Austin, where he secured
the signature of Justice John p. White
of the Texas court OF a. Deals, 1t being
necessary in the process of appeal on
error to the supreme court to secure
the voucher of one OF tine judges of the
court fro which the appeal Is taken
that the grounds OF appeal are of such
nature, touching the constitution of the
United States, as can properly come be-
fore the supreme court of the country.
That signature being obtained the
attorney repaired immediately to
Washington, where the writ of
error was signed and issued by
CHIEF Justice Melville w. Fuller pro
forma on the voucher of the judge of the
Texas court of appeals. Homeward
dew the successful attorney TO carry the
news 10 his client.
Yesterday afternoon Davis was iu-
formed of the new aspect that had been
placed upon his condition. He had been
looking for something OF the sort for
some time.
The statement of errors upon which
the case will 90 before the supreme court
is given in full:
PETITION FOR WRIT or ERROR TO SUPREME COURT
or TIE UNITED sTATES.
J. W. DAVIS
THz STATE OF Texas
To the Hon John p. White, Presiding Judge Of
the Cuur: of Appeals Of the state OF Texas:
Comes now J d.. y. Davis, The petitioner in the
above cause, and presents to your honor that he
is citizen of the United states and of the srate
of Texas, and as such is entitled 10 full pro &C.
tion under the laws and constitution OF the
United States. That the Hon. r. E. Beck
ham is the judge of the state district court of
and for the district Of Iarrant county, Texas,
which district is known as the Seventeenth ,iu =
dioial district OF the state of Texas, and that
said district court has jurisdiction OF all Grim
inal causes of the grade of felony to try said
causes originally upon the law and the evidence
and that the highest court in the state OF Texas
having appellate Jurisdiction in said grade OF
ohenses is the court OF appeals OF the state OF
Texas, and that the HOE. John P. White to
whom this petition is presented is the presid-
the Hon. Sam A. Wilson and
me Hon: J: NJ. Ha5S .,,,l being
appeals. That heretofore on the 10th day of
September. 1882 in said district court, twelve
men purporting to constitute the grand Jury OF
court an instrument in the form and style OF
bill of indictment charging your petitioner with
the offense OF murder. said otense being desig-
mated rs felony by Art. 609 OF what is known as
the penal code of the state of Texas, said cause
being styled and numb sred in said state district
court as follows: No. t565, the state OF
Texas VS.. J. W. Davis; that
said pretended bill of indictment
ayers, after stating the date and venue, that the
defendant, your petitioner, did with his ex-
press malice aforethought kill and murder one
b c. Evans by shooting him with pistol,
and that said indictment does not aver that
petitioner did shoot said B. c. Evans with a
pistol, and thereby fails to aver directly the do
ing of any act by the defendant which did re-
suit in the death of said Evans. or any act cal
culated 20 produce the death OF said B. G.
Evans, any elaboration premedi-
tation the part of your petitioner.
That said Indictment failing TO charge the de-
fendent with the commission of any act with de-
liberation or generalization resulting in the
death OF said B. @. Evans, said indictment
charges no offense at all, and is therefore null
and void, and is not an indictment for murder.
Wherefore your petition says that he has been
convicted of felony with the death penalty
affixed without having first been indicted by
grand jury which is contrary TO article of the
constitution of the United States which de-
clares thai ''no person shall be held to answer
for q capital or otherwise infamous crime I'M
less on presentment or Indictment of . grand
jury
That on the tlial of said cause in said district
court on the 18th day of October, 1859, twelve