The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-09-24

w AARo %On AuA getting ullll uub VI Il ]
'rookus" in Mexico. He would take /
the horse to Shad and come back and /
pay his bill. He took the Eagle Pass |
road, but that night rode up To !
Browns ranch, thirty miles in the |
opposite direction, north of SpOftord, !
and asked for dark compleXioned |
man with wagon and team, The !
defendant stayed allnigh at Browns,
as did also Mr.. Perry, who said he
had seen the wagon and man, where
upon Duncan said: Gle Handers)
did not camp where 1 told him, but
next time I'll learn him to do it.n
Duncan acted queerly at this ranch,
and seemed afraid whenever the door
opened. Next morning he left,
by Perry's directions, to join
Landers. On the same day
the old man and Tap arrived
in Spofford with wagon. They sold
a colt to William Hobbs, and left,
travelling north. a witness next day
met both wagons. Each party asked
after the other, proving that they had
not met. Here Duncan and
Landers traded quilt for corn and
tried to sell feather bed, and again
on the LIST of March Sergeant Aten
and Ranger Hughes came upon Dun
can and Landers north of Barksdale.
They were travelling north. Duncan
drove the wagon, Landers riding in
advance. The rangers arrested them.
They knew Landers as "Picnic"
Jones, but on search found upon him
letters for w. Landers. He said
"Picnic" was nickname. Duncan
explained that he had been to Mex
leo with his mother, two sisters and
brother-in-law. The brother-in-law
"ThOmpson," was accused of cattle
theft and he Duncan) had taken him to
Mexico, the mother and sister were
had come back by train. The rangers
let their prisoners go and they resumed
their journey to San Saba, where Dun
can was arrested. Meanwhile, as eX-
planned above, the bodies of the Will
liamsons had been found in the river.
They had all been murdered by blows
from a blunt weapon. Their heads
were horribly beaten. The skulls
driven in upon the brain. At the trial
several neighbors of the family who
had been struck by the close resem-
blance of the published descriptions,
attended and swore to the identity of
Mrs. Lavonia Holmes and Ben Will
hanson. The latter was known by his
clothes, the former by her false teeth
tooth-plate and misshaped feet. The
defense faced the impossible at
tempting to break this strong chain
of circumstantial evidence.
The only relevant testimony was
given by the father and brother of the
defendant. They positively swore
that they were at Berndt's ranch,
three miles north of Piedras Negras,
from February II to February 10 and
that the defendant came there on the
10Th and remained till the 10Th, the
brother Tap swearing that Dick was
never two hours absent at q time.
This evidence was, however, fatty
contradicted by several witnesses who
saw Duncan from the 10Th to the 18th
at Eagle Pass, Spoford and Bracket.
The defendants counsel (after Mr..
Odds had spoken at great length for
the state) sought to convince the Jury
that there was reasonable doubt, but
their efforts did not seem to make
much impression, and when District
Attorney Gillis had closed the
clear narrative and relentless logic
proving to demonstrate that Richard
III. Duncan had butchered the Will.
hanson family in cold blood, it was
felt that the verdict could only be one
way. a calm and dispassionate
charge by the judge, and the jury re-
tired for an hour and half, returning
with the verdict, 1--WE, the jury, find
the defendant guilty of murder in the
first degree, and assess his penalty at
DEATH" Duncan heard it unmoved.
"What will they do with we, Dick?"
asked his sister of him as he assembled
the stairs in custody of the sheriff.
Hang me, | reckon, Twas his reply.
He reckOned Alright.
The Quixotic attempt of Duncan's
later lawyer, McMinn, to invalidate
the whole penal code of Texas need
only to be named here as pro-
curing for his client years longer
lease of life. Duncan's demeanor in
Jail has all along been that of cheer
full indifference, until the last day or
two. The rumored plot to rescue him
had probably basis of fact to rest
upon, but if so the precautions taken
overawed the plOtters. The small
knives found upon him would have
been useless save for suicide.
Duncan was well built man, 5 feet
II inches high, % years old, of florid
complexion, sandy hair and mustache,
full forehead, weak mouth, the lips
being thick and commonly apart, eyes
hazel with greenish tinge and sur
rounded by more "crowsfeetn than is
usual in so young man. On the
whole, rather intelligent looking
man with a satirical expression.
DUNCAN IN THE FEDERAL COURTS.
In addition to the unusual heinous-
ness of the crime, which makes it one
of the darkest and most terrible deeds
in the criminal annals of the South
west, the case has obtained wide
celebrity on account of the remarkable
and ingenious attempt of Il. j. Nc
Mimi, lawyer of San Antonio, to
obtain Duncan's release through the
invalidity Of the penal code of Texas.
The first steps in the sensational pro-
ceedings were taken by McMinn
about year ago, when he sued
out writ of habeas corpus in
the fa6araI court at San ntonio