Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-04-02
VARNELL CASE.

The Jury Stood Eleven for Short Term in
the PenIten;iary, and One for AcquittaI
| Special to the Gazette.
! WAXAHACHIE, TEX, April AL
Texas has heard of the famous Tom Var
nell murder case, and has formed an
opinion, possibly, of some kind, and
Col. Upshaw, one of the counsel for the
! defense, very truthfully remarked in his
speech before the jury that "Tom Var
nell is better advertised in Texas than
some of her candidates for governor. It
will be remembered by the readers of
THE GAZETTE that this case originated
by Varnell killing old man Jonas Land at
the latter's residence in the spring of
1888. Varnell made his escape and was
fugitive from justice for something
over a year, but was finally captured in
New Mexico and brought back to Hills
boro for trial. While in jail at HiIlsboro
awaiting trial the prisoners in the jail
made their escape, VRTnell among the
number. After scouting around in the
country for some days he returned to
HnlsbOro and gave himself up. On the
trial of the case in that town the jury
found him guilty and assessed his punish
meut at nine years in the peuiten tiary
The case was then carried to the supreme
court, which reversed the decision on ac-
count of an error in the charge to the
jury. The case was afterwards sent to
WaXabachie on q change of venue, and
first came up for trial last September,
when, by motion of the defense, it was
put off. 1t came up again at this term
of court. when it was again moved by the
counsel for the defense that it be put off :,
which motion was overruled by the court
and trial immediately began. r. N.
Clark, county attorney; Hon. NJ. NJ.
Crane of Cleburne, Nj. B. Templetou
and G. c. Groce of WaXahachie, prose-
cutting; Col. Upshaw of Hillsboro,
Pearre s. BOynton of Waco, Col.
Croft of Corsicana, and T. P.
Whipple of Waxahachle, defending
The election of a jury did not consume
much time, which resulted in the selec-
ton of the following men: j G. Young
blood, boarding house keeper of Ennis;
Marion Mulligan, a farmer of Bristol;
J. D. Cardor, S. G. and T. NJ. Curry,
farmers of the Sardis neighborhood; NJ.
W. Wright, q farmer of Ennis; a. 7,
WaTkman, farmer of Bristol; J d.
Scott, farmer of Ferris; s. S. Satter-
field, farmer and merchant of Nash;
D. J. McGee, O cotton buyer of Waxa-
hachie; J. o. Ray, a merchant OF Waxa-
hachie, and W. B. Rutherford, farmer
of Palmer. The examination of wit
nesses began Tuesday afternoon, March
%, and was finished next day. The
- To- nV7e
side. which was ably occupied all around
Clark, Crane and Templeton for the
prosecution; Croft, Pearre and
aged mother OF Varnell and
Ella Land were in the courtroom during
most of the trial, giving the scene a pc
culiar interest. No case has ever come
before our court fraught with more in
teTeSt. The courtroom was packed with
attentive listeners during the entire trial,
many going away on account of not find
ing standing room. The case was given
to the jury on Thursday evening, March
%, and after being out for four days the
jury was discharged yesterday evening
by the court, the jurors failing to agree
eleven for a servitude of some ten or
fifteen years in the penitentiary and one
for acquittal. The result of the jury
has created a great deal of comment on
our streets. The case will now have to
go through another siege of court.
Mrs. SaIlie Carroll, wife of Mr.. J. G.
QaTroll, one of our county's most prom
fnent farmers, died at herthOme some
SIX miles north of WaxahRente Sunday
night and was bu.ed in tba Faxahachie
csnetery yesterday evenihgn
* -,sNt 17SetSS
Every day increases is popularity ana;
sale of.Carter 4 s48ette LIVER RlAE sTaB
resseR IS that Ae1SOnos ps4d retie Is
surhSo folI6ws0 DON'T TsxHet tsYfSt