Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1890-04-12
A PLEA FOR JUSTICE.
A Remarkable Scene in a Texas Court.

A Remarkable Scene in Texas Court
Gen. George F. Afford, of Dallas
Texas, tells the following story: The
name of Jones Rivers awakens in the
minds of many of the older residents Of
Texas, and especially of the Older
members of the bar, memories Of
the wit, orator and lawyer who played
so conspicuous a part for many years in
the courts of Texas, more particularly
III the counties contiguous to the Brazos
and Colorado rivers, thirty years ago.
Bright, joyous and witty, even the ap-
proach Of death could not conquer or
repress his natural exuberance of spirit
for when, on a cold, dismal evening in
November, in the then dreary hamlet OF
Georgetown, he was told that his hour
had come, he met the relentless mes
senger with a smile, jested in his very
face, and, with a witticism upon his
lips, passed into the land of shadows.
He was genial in manner, eloquent in
speech, forcible in argument, and strong
in everything save the power to resist
the seductive influences of the intoxi-
eating cup. He possessed in an eminent
degree the divine affiatus" that belongs
as truly to the natural orator as to the
true poet; and when enlisted in cause
that aroused his sympathies, or when
he felt the stimulating influence of the
wine-cup, he could, with dramatic skill,
touch the hearts of his bearers, and by
the mesmeric fervor of his matchleSs
eloquence, stir their deepest emotions.
This irresistible power was never more
signally displayed than in the defense
of his friend Col. G. G. Herbert, fami-
liarly known as "Claib Herbert" in the
district court of Colorado County, nearly
a third of q century ago.
Claib Herbert was superb type of a
Southern planter under the old regime.
Born in Virginia, reared in the fertile
fields and under the genial climate of
Texas, with big heart in a brawny,
muscular body, he was hospitable, lib
eral, generous, brave and sympathetic.
He lived on his beautiful plantation on
the banks of the charming Colorado,
just below the town of Columbus. A
man of learning and influence, he served
as a representative in the Texan Leg
islature and the Confederate Congress,
and held commission in the Southern
army. The family was a distinguished
one in the annals of Virginia, of Texas,
and of California; his brother, Col. Phil.
Herbert, having been member of the
National Congress from the last named
State before the late war between the
States, and was killed gallantly leading
his regiment of Texas cavalry in the
desperate assault upon Fort Butler.
As Claib Herbert sat one day at his
table, with a number of guests, the
meal was interrupted by the appearance
at the door of little boy, perhaps eight
years of age, an orphan, who lived with
a neighbor named Howard in the rela-
ton of a ward or apprentice. The child
was crying bitterly, trembling, and
seemingly frightened and suffering.
Herbert questioned him, and the boy
said between his sobs that Howard had
beaten him numerically, and without
cause. Herbert carried him into an
adjacent room, examined him, and found
his body cruelty striped, and bearing
other evidence of severe punishment.
The kind planter soothed him, and,
seating him at the table, assured him of
protection, and endeavored to quiet his
fear that Howard would pursue and
carry him back.
This Howard was Yankee of the
Mayaower type, a representative Puri-
tan, pharasaical in pretensions, sancti-
monious in manner, solemn of visage,
I'LL Iror-1s-rr y,aOo1 r,n1o OF 1r,oool,
and countenance that was perpetual
interrogation point. Of cruel nature,
he was destitute of bowels of compass
sion, having apparently but one bowel,
and this seemingly illustrated the
maxim of geometry which afirms that
the shortest distance between two points
is a straight line.
The boys fear of pursuit was not
without cause. Hardly was the dinner
finished when Howard rode up to the
gate and called for Herbert The lat
ter responded with prompiness. How
ard inquired whether he had seen the
boy, adding that it had been necessary
to cbastise him that morning, and that
afterward he had run away. Herbert
made no reply, but walking quietly out
through the open gate. he seized How
ard as he sat on his horse. pulled him
off, and gave him then and there IN IN
merciful fogging, saying, as he released
him:
THAT will teach you not to beat an
other child, you internal scoundrel!"
Howard remounted his horse and
rode away without indulging himself In
any remarks.
The District Court was then sitting
in Columbus, the seat-of justice in Colo
RADIO County. Howard proceeded by
the most direct road to that place. and
appeared without delay before the
Grand Jury, who promptly brought in
bill of indictment against Herbert for
aggravated assault and battery.
Jones Rivers. as counsel for the de-
PENDANT, demanded an immediate trial,
and jury was forthwith impanelled.
Al n