Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1890-08-07
J. W. DAVIS.
The Slayer of B. C. Evans Secures
a Stay of Execution.
The Supreme Court Of the United
States Takes CognizaDce of the
Celebrated Case.
The ConstI,u.ionality OF the Texas Penal
Code Will be Tested Before the
Highest Authority.
Startling Developments of a Day-The
Proceedings IN FuIl-An Impartial
Trial unnted-Probable Result.

j. w. Davls, the slayer OF Is. U.
Evans, will not be yanked into eternity
on Sept. l.
arisen to gladden. the vision of that con-
demned feIou iu 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 thoughts of approaching
doom at the nands of retributive 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.
THE President OF THE UNITED STATES.
To the Honorable Judges of the Court of Appeals
of the Slate of Texas-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. S32J. on the docket
of said court OF appeals sitting al Tyler in SAID
sta e. manifest error hath happ.ne to the
great damage of the said j. w. Davis. who is
plaintiff in error herein as by his complaint ap-
pears.
We, being willing that error, il any hath
been, shou be duly corrected and full and
speedy justice done to the party aforesaid, in
his behalf do command you, II judgment be
therein given. that then, under your seal dis
tirctly and openly you send the record and
pre- ceedinGs aforesaid, with all things concern
ing the same, to the supreme court OF the United
States. tog her with this writ, so that you have
ihe same at Washi lgton on the recond Monday
Of October next, in said supreme court; to be
then and there held. that the record and pro-
ceedings aforesaid, being inspected by the said
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
Is disposed OF.
Witness the Honorable Melville
w. Fuller, chief justice OF the
supreme court. the 5lst day of
fsRALl July, in the year OF our Lord,
1890 and seal of said circuit
court at Austin in the ll4th year
of the independence OF the United
Allowed by John P. White, P. j., court of ap-
peals of Texas.
Clerk of the Circuit Court OF the United states,
Western District of Texas at Austin, by
GEORGE F. JERNIGAN. Deputy.
UNITED STATES OF AMERICA, !
WESTERN DISTRICT oE TEXAS.
/, D. H. Hart, clerk of the United States cir
cuit court in and for the Western district of
Texas and Fifth circuit at Austin, hereby GER
THY that the above is a true aud correct copy OF
the original writ of error, issued this day by the
Hon. Melville W. Fuller, chief justice OF the
supreme court of the United States, under my
test and seal OF this court.
Witness my hand and official seal at
[sEAL.l Office in the city OF Austin, this the
Slst day of j uly, A. d is ..
D. H. HART, Clerk.
BY GEORGE F. JERNIGAS. Deputy.
1t is only ten days since Attorney John
son left Fort Worth. During that TINA
he proceeded to Austin, where he secured
the signature of Justice John P. White
of the Texas court OF appeals, 1t being
necessary in the process OF appeal on
error 10 the supreme court to secure
the voucher of one of the 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
flew the successful attorney TO carry the
news TO his client.
Yesterday afternoon Davis was in
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 Ease will 20 before the supreme court
is given in full:
PETITION FOR WRIT OF ERROR TO SUPREME COURT
OF THE UNITED STATES.
J. W. DAVIS
vs..
THE STATE OF TEXAS.