The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-12-24
what won the AcquittalP
FROM the New orleans Picayune.


A prominent lawyer of the Lone Star
state, who recently visited New Orleans,
related to reporter the following story
of a murder trial in his Texas home:
The prisoner was on trial for his life.
The evidence had all been heard The
states attorney has just taken his seat
after most incisive statement of the evil
dence wherein he demonstrated the utter
failure of the prisoners theory of self
defense. The counsel for the prisoner
was stranger, too, known only by repu-
tation to the Judge and bar, and that rep
utation was one of great ability
perfect integrity, and a marvellous knack
of ''snatchiag verdicts" each time by
some new turn. This gaunt, yet graceful
gray-headed man arose, seemingly with
out looking al the jury, though each man
felt he was under the power of that wide
open eye. After bowling to the Judge and
saying a few almost inaudible words
of courtesy to his honor, he turned to the
prisoner and said:
''You must die. John-die by hanging.
1t will befor no fault of yours, by no
fault of the Judge, or of his jury, or of
the good people of the county; neither
will it be any fault Of the law. The law
of Texas is all right, though you die inno-
cent. The law, though its machinery
may sometimes expose preiury, can't al
nesses. Judges and iuries have not the
power, though they sometimes exercise
the authority of Almighty God. They
couldn't look into the souls of those periur-
ed witnesses and see the malice, hate, and
private purpose that colored and twisted
all the facts. We can't help it now. You
must die as you have lived, like a brave
man. | don't need to tell you that. The
woman who bore you, three months be-
fO1s xro1 hn 1frrbf Of hoo n
in her arms, from one Of the bloodiest
fields of the late war, the bleeding,
senseless form of your father while
shot and shell still shrieked and the
groans of the dying filled the air. And
your father, whose MANNED body we laid
to rest last week, was not matched in all
this land. These trusted you, and their
blood can betray no trust. The only mes
sage he sent you was. Tell him we be-
lieve in him. We will lay you beside
them. In a few days this old white head
will be laid next to you. I'll not be
ashamed to be buried soon beside you,
John. You are so like the other John
that [ see the visions of happy ,boyhood
while gazing into the same true eyes
confused with these is the pride / have
taken in my friends boy. While we lay
these bodies in the churchyard over the
mountain we'll appeal this case. Well
try it all over again up yonder."
Then, in few of the boldest and grand
est figures, he sketched his idea of a trial
in heaven, where, as he said: "In that
glorious presence the false witness is
dumb and the inerrant Judge needs not
the aid of counsel or of jurors" Then he
pictured the eagerness with which the
motheran the calm confidence with which
the father awaits heavens verdict, the
quick rush, the entranching, soul-satisfy-
ing embrace of both at the words, mot
guilty" Then, taking up both hands of
the prisoner he looks down in his face for
a moment steadily, then, bending forward
with mother-like tenderness, kissed him
twice on the forehead, saying, in a wills
thatl So, good-by, John, my boy" Bow
ing respectfully to the judge he took his
seat, still holding one of the prisoners
hands
The district attorney, who through all
this sat with his back half turned to the
speaker and to the jury, nervously and
excitedly chewing his toothpick and
crossing and recrosSing his legs, began a
reply which quickly ended after a good
look at the jurors faces in a stammering
request to them to do their duty. The
judges charge was scattering. He seemed
to scarcely know what he said The Jury
did not hear him. Not the slightest Incl
dent occurred to break the spell They
went out, returned, and in a very few
moments the verdict of mot guilty. was
recorded. What was the force that
worked" this resultl