Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1892-02-21
THE BURCHARD CASE.
NO NEW DETAILS IN REGARD TO
THE MATTER YESTERDAY.
A Search Made for the Girl Yesterday
Proved Unavziling-AttorneyJ John
sons Version OF the AFFAIR.

/ There were no new developments in the
celebrated Burchard case yesterday, though
| q hot search was made fer the girl, Minnie
| Burchard, but at late hour last night had
proved unavailing. There is considerable
interest manifested by people generally in
! this case, but the most interest is mani
/ tested by the members of the legal frater-
/ nifty. The matter has been treated in an
exhaustive manner by The GAZETTE, and
there is nothing new TO be said ABOUT it
now. Attorney johnson has the following
to say regarding the case:
ANOTHER VIEW OF THE CASE.
Editor Gazette:
AS l am one Of the attorneys for Minnie
Burchard, and as l was at Decatur court at
the time of the trial of the contempt cases
before Judge Beckham, and ct the time Of
the newspaper publications as to the pro-
ceedings in the county court and in the dis
! trict court IL is only fair that the girls
side of the case should be stated in The
GAZETTE, in order that the public may
! fully understand our proceedings before
Judge Beckham in behalf Of Minnie
! Burchard.
/ On the 18th of this month Minnie
| Burchard, who claims 10 be over fourteen
years of age, was brought before the county
Judge, Hon. W. D. Harris, on q writ Of
| habeas corpus sued out by Z. P. Burchard,
who sued out the writ by charging that
Minnie Burchard was Illegally restrained
Of her liberty" BY her mother, Mrs. NJ.
| Burchard.
q On the hearing of the habeas corpus by
the county judge, the county court not only
| took Minnie out of the custody of her
mother, but at the same time appointed E.
| p. Buchard her guardian and ordered the
| sheriff of the county to Immediately take
| Minnie out of the custody Of ner mother
and to turn her over to E. P. Burchard.
| Minnie objected to this, and refused 10 go
| with Z. p. Burchard, but the court ordered
| the sheriff to take her from her mother and
at once deliver her TO E. P. Burchard.
| 3. The cries of Minnie in her entreaties
not 20 be forced to leave her mother and go
with E. p Burchard were SO loud that her
screams were heard by Judge Beckham,
! myself and several others who were up
stairs in the district court awaiting the
verdict of jury.
| 4. The screams of Minnie attracted
| large crowd into the county courtroom and
with others went down stairs and into the
county courtroom to ascertain the cause OF
| the cries and screams, and was at once in
formed by Mlnnie's mother of what had
/ been done.
8. Seeing that it was in fact the same
| case or matter which had recently been
passed upon by Judge Beckham, and that
the girl was protesting against the pro-
| ceeding, we entered an appeal to the dis
! trict court and asked the county judge to
allow US to give an appeal bond in order to
| suspend the Judgment until we could get
| the appeal decided in the district court, as
1--WE feared that E. P. Burchard, who lived
in another county, would carry Minnie out
of the Jurisdiction of the court before we
| could get decision on the appeal. The
| county Judge refused TO allow US 10 give an
! appeal bond, but ordered the sheriff TO take
the girl then and there and deliver her over
to E. p. Burchard, notwithstanding the
appeal.
| 6. Seeing that it would require writ Of
habeas corpus to release her from the Gus
| tody of the sheriff until could prepare
petition for injunction, and knowing that
| the same case had once before been before
| Judge Beckham, and thathe was thoroughly
conversant with all the facts in the case,
| / Immediately went back TO the district
court room and reported the matter to
| Judge Beckham, and he replied that the girl
certainly had the right to appeal, and If she
had been denied the right TO give an appeal
bond and was then in the custody of the
sheriff without the privilege Of giving
bond, that he would issue writ Of habeaS
| corpus to the sheriff, to release her from
the sheriff, as the sheriff had no right
under the law to arrest her without war
rant, and TO dispose OF her without the
privilege of bond. Judge Beckham then
walked down stairs TO ascertain whether
these were really the same parties VINO had
| recently called upon him to decide the sane
case, and which he had decided in favor OF
parties, and that the girl was then q
prisoner in the hands of the sheriff, he
notified the sheriff who was standing near
his Office door, that he had been called upon
in the matter, and that he would at once
issue writ of habeas corpus to him, and
returning to the district court room Judge
Beckham issued the writ Of habeas corpus
and released the girl from all further GUS
tody by the sheriff, but did not release her
from her mother nor from E p. Burchard,
for that could only be done by the appeal
and by injunction till the appeal could be
decided.
z. AS soon as Judge Beckham released
the girl from the sheriff l presented to him
in open court the petition for injunction to
restrain E. p. Burchard from carrying the
girl away before the appeal could be de-
cided. and Judge Beckham announced in
open court that the writ Of injunction was
granted, and that E. P. Burchard was
thereby enjoined from in any manner inter-
fering with the custody of the girl until the
appeal should be decided. That upon this
announcement being made by Judge Beck
ham, MIR. r ]. Boykin, Z. P. Burchard's
attorney, stated to the court that he claimed
the right to be heard on the application for
injunction, to which the court replied: no;
/ grant the injunction now, and VIII hear
you afterward on motion to dissolve 1t II
you wish TO make such motion" Judge Boy
kin then took the petition for injunction
1IOuL Tue iuuEc7S utSA duA bOOA ~ " LIE
Office to examine it, and did not return It,
and late IN the afternoon the petition was
obtained by myself from Mr.. Boykin'S
Office and returned to the clerk, who issued
the writ. but when the deputy sheriff went
to find Burchard, he was in concealment,
and remained so until the night when he
and his attorney made the attempt to.take
the girl again in violation OF the in
junction, for which they were afterward
attached for contempt Of court After the
fine for contempt had been entered by
Judge Beckham Z. p. Burchard's attor-
| neys. seeing that their habeas corpus pro-
ceeding in the county court could not be
supported by law went before the county
court and had that proceeding set aside and
dismissed. thus admitting that they were
wrong in the whole proceeding.
BY referring 20 Revised Statutes, arti-
cics. 24S7, 24s9, 2490, 2492, 25O5, 2707 and
27l7, It will be seen that in order to appoint
guardian for a minor an application must
be filed for that purpose; that citation
must be served on the minor ten days be-
fore the term of court; that a minor over
fourteen years old has the legal right TO
choose her own guardian; that she has the
right to appeal TO the district court and to
give bond for her appeal within twenty
DAYS after the Judgment appointing the
guardian; that the district judge has the
right 70 issue the injunction 10 protect the
minor pending her appeal
All Of the above statutes were wholly
disregarded in the proceedings in the