Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1890-04-04
A PLEA FOR JUSTICE.
A Remarkable Scene in a Texas Court.

IA LEA IVll OODl1OLs
A Remarkable Scene in a 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 APP
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 IN eminent
degree the divine aflatus' that BELONGS
as truly to the natural orator as to the
true poet; and when enlisted in a u
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 vas never more
signally displayed than in, the defense
of his friend Col. &C. Herbert, fami-
1iarly known as "Claib Herbert in the
district co,lrt of Colorado CoAhty nearly
q third of a century ago. iof'"@""f i''
Claib Herbert was a superb type Of; a
Southern planter under. the. old4regime.
Born in Virginia, reared, .iAp, the fertile
fields and under the genial climate Of
Texas, with a big heart iii bfawny,,
muscular body, he was hospithble,. NIB
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 aud %infuence,he served
as a representative iii the"Te9an Leg
i%slature and the Confederate Congress-
and held a commission in the Southern
army. The family was q distinguished
one in the annals OF Virginia, of Texas
aud of California; his brother, Col. Phil.
Herbert, having been. a member Of the
National Congress fromsthc'last named
State before the late war between tile
States, and was killed gallaMtly leading
his regiment Of Texas eqHaary in the
desperate assault upon Fort Butler, q.
AS Claib Herbert sat one day at his
table, with a number Of CHESTS, The
meal was interrupted by the appearance
at the door of a little boy lerhapseigh
years Of age, an orphan, VIE lived wit!
a neighbor named Howard in the reia
ton of a ward or apprentice, The cllilt
was crying bitterly, ~trcntblihg. ane
seemingly frightened and suffering
Herbest.questioned him,, and, the boy
said between his sobs that Howard ha6
beaten him numerically, and Yithou,
cause. Herbert carried lin Into al
adjacent room. exanmnincd hihl aid found
his body cruelty striped; aftd'bearins
other evidence Of severe punishment
The kind planter soathe,, 4iu, aad
sealing him at the, table, assured him q
protection. and ~endeavoied, to quiet hi
fear hat Howard would pu.sue NaaaG
carry him bact..'H. o az ~ -
This Howard was a Yanhee of tlr,
Mayhower type, a representative Puri
tan, pharasaical in pfctehsiJis:: 'sancti
monious in manner. tsolennp pf.lyisage
with a drawing, nasal mode ~ef.speeeh
and q countenance that vas {, perpeItna
interrogation point. Ola cruel nature
he was destitute Of BOWELS 'bbrs omnnpia !
sion, having apparently b~tt.one'boWel
and this seemingly ilInsttated th'
maxim of geometry which ,atiirmsr tina
the shortest DISTANCE between, two point
is a straight line. a,,a
The boys fear of pursuit was no
without cause. Thirdly WaS*the dime
finished when Howard 'Naleshnoto Us til,
gate and called for Herber:n Dl,e lat
ter responded with prousl4ness. HpW
ard inquired whether he, llaA c tn
boy. adding that it had been peces*ar
to chastise him that morning aud tina
afterwafd} lie had run AWAY 'Herbef
made notreply, but walking thu5etlvsou
throughtth open ,gate,a he seized How
ard as he sat On his horse. pulled: hin
off, and gave him the e"d! thssYie in NJ
merciful tiogsgnAg, saying, IS he cease
him: S' a. f'''2'f n4' "'a"' "f
THAT will teach voa'noyH to,a,eat nj,
other child, yon internai seenhdrei!"
Howard %re.nounted, his a,hnrse, an
rode away without INDUCING him,elf i
any remarks.
The District Court Vas then sittin
in Columbus,3 the sent o:'iustite'in Colo
RADIO County. . Howard proceeded b
the most direct read to that llace.,an
APPEARED without delay :lefpre ,tA
Grand jury, who promptly pfo}HHssllt j
bill OF indictment against Herbert fc
aggravated assault and battettyy..' 10y '"'
Jones Rivers, as counsel for the dc
PENDANT, demanded an ilhmediatettria
and a Jury wa fprthwitho uiiianelie1
(N,l L. I'M, tt,11nu ~, Il, 1N.4. Ma,