Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-07-30
HIS ATTORNEYS STORY.
His Client Would not Have Been Executed
This Year.

| mas defended MIR. DAVIS 50 faithful" from
+ the beginning OF the case, Is soon Is the
/ fact OF the death was known. Nh. johnson
! sad
Mr. Davis would not navs been
| hanged on the 10 of August as
! had thrown the ease back into the
! courts OF the United States and
| had every prospect Of ultimately releasing
| MIR. Davis upon fun hearln- before the
| supreme court of the United States by the
! new proceeding. on which / have been
! steadily at work ever since the dismissal OF
| the writ Of error which / sued out before
| The supreme court of the United States Just
| one wear ago in time 10 prevent the eXecU-
! ton. which was set for the Is; day
! oil september OF last wear No question III
, the case V as decided on the writ of error,
/ as the 'aSe went of simply upon question
| of jurisdiction. and the writ Of error was
| simply dismissed for want # jurisdiction,
! leaving NE free 10 bring the case
| again before the United states courts
| by petition for writ 80 habeaS
| corpus. This knew all the tine. but is
| had several remedies 10 pursue 10 save the
| ME desired 10 take them ali. one a 70
time. and if one should fai! would then
take the other. ana thereby save all the
| time possible. N order 10 stop the terrible
| haste which marked the original
trial. and thereby To al!dy the
PUBLIC excitement, which battleG So hard
against Us when We made the motion 10
change the Venue TO another county. When
the writ Of error was dismissed in the su-
preme court OF the United States, the after
| ney for the prosecution i'll that court, Maj
Charles II. Arncs. made motion to have
the mandate of the supreme court Is
sued at once, so Mr.. Davis could DC
Immediately hung, but we resisted the
motion amt the supreme court o the United
States ovcrruled II, and held the mandate
until the adjournment " that court on the
first OF June and the mandat" was received
here on the 9Th of June. On that same day
the Judge had Nh. Davis brought out and
sentenced 10 be hanged on the 10Th day 0f
August-neXt month. lid not have the
honor OF being present when this last sen
tence was passed, As was not notified that
the sentence would be passed so soon-on
the Very day the mandate arrived. ! was
al that very hour preparing my papers 10
throw the case back INTO the court Ht tia
United States. which J knew l mad the
power to do and did do II.
Then on the 18th OF this month we went
down to AuStln-AirS. Davis, Mrs. Massey
and mySeIf-to present 10 the guVerno' u
petition for communication Of the sell
tence to life Imprisonment, but the
governor was Just preparing 10 leave for
the big barbecue at New Birmingham
and did not have time to hear me or my
plea for the life OF my client. Then came
HHa!e ana prepared my hnal papers 20 carry
the case again 70 the United States
court, III u proceeding OF haoc~s or
pus. On last SATURDAY | went
70 the Jat with AIR. George
". Alexander, notary public, and
after carefully reading over the petition for
the United States habels corpus, Mr.. Davis
signed the petition and sWUre 10 II before
the notary public, MIR. Alexander. the
jailer, MIR. Elliott, and Mr. Ferguson being
present with Us. Then On last Monday, the
25th, seeing that the time WIS |rOwing
-! E,snt ma he ffN
States district court, and presented ny
petition for the writ of habeas corpus under
the laws and the constitution 81 The United
States, taking the ground that We were de-
med the right OF trial BY Jury as 10 the de-
grees OF the nfenSe OF murder, the curt here
having charged only on the hrSt degree
AT the conclusion OF my argument u Judge
nj The United States court decided that 1t
was question Of sufficient Importance 10
require decision by full bencl and that
he would refuse the writ and allow me ~
appeal to the new circuit court OF appea-s
of the United states, ami | entered my ap-
peal accordingly.
The circuit court OF appeals 81 the United
States meets al New Orleans on the first
Monday IN January, lS9-. and Il the case hdc
been decided against ne there could aud
would have appealed from nat court to
States, winch meets ~ Washington
Tn the second MONDAY III Oct Der, ls92,
and ISSUES us mandates on ne hfst day OK
June, 1898, ior that term so you see MI.
DAVIS would nave lEed untlL June, 1879,
had he not dlec 4 natural death IN his bed,
and as lawyer Wen Versed IN
the CONSTITUTIONAL ia" OF He United
States, am confident that
would have gained my ease on TINS last pro
cteding III the courts Of the JAlted ; ates,
which IS at last the safeguard OF the con
sltnlonal laws OF ne country, II NV client
had lived to the end OF the contest The
transcript III my haoeas corpus ap-
peal would have 0een finished to-
morrow, and would have oeen flied IN
the circuit court OF appeals at New CLEANS
by next Monday, anu mailed my assign
ment OF errors IN the case to the clerk OF
the United States court to-daN
II must not a the c4"se OF thlS SAD trag-
edy- forget 10 express my appreciation or
the GvnrtesleS extended 70 me, curing thlS
nara iouShI natue' oy ! BE GAZETTE anu
ny inc uiS.rlSI clerA anc deputies
pN Snehln hicharusUn ana MS uepu1leS,
aud by Jailers McClan and Elliott and
guaroS Sam Dorsey Darby McCaft and
ferguson.
ana Col u I / shaW ana ". NJ Fer-
riA OF Huns ooro, VINO assisted me a.
the ulal before the district court,
and Hon. George Ciark or waco,
VINO stood oy me III the gfaGdeSL
speech OF his life on the motion Tor rehear-
ing before the court OF appeals WIN nave my
neart gratitude 10 the ehd 9i my NE Lor
their cooperation IN our hard battle Tor the
law and the constitution But 4aVe not Tor,
gotten my noble orolhers, Mafsene and