The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-05-18

ever in the case, is it clear beyond q
reasonable doubt to the mind of any
impartial man that Bruce committed
this rape? Sum up the facts and in.
cldents that were proven by the de-
tense on trial and consider them also
Inc defendant showed that he
lived at West In MeLennap county.
lhat on Friday evening in June, two
days before the crime was committed.
Do lett MS nome In company with q
negro man and wife to attend an
emancipation celebration at Hillsburo
on saturday the next day. That the
three put up with their friends, A.
Flournoy and wife about half mile
south OF the court house in Hillsburo.
where they remained from Friday
night until Monday morning. He
proved by Flournoy aud wife, and his
two other friends who accompanied
him there, that on Sunday morning
in their company he attended Sunday
school, That they attended church
that day at noon, and returning
to Flournoy's house after preaching
took dinner. That in the afternoon
they went back to church, and after
services returned to Flournoy's house
where they remained together until
after supper, about 8 O'Clock. That
throughout the whole day they and
others were together from morning
until after night. That after eating
supper Bruce went to Walkers hotel
aud carried his girl to and from
preaching that night. That immedi-
ately after preaching, between II and
II o'clock, he returned to Flournoy's,
and later on went to bed. He was
aroused next morning about O'Clock
and was sent to town to get corn with
which to feed the horses of himself
and friends. While on this mission,
having a sack with him, without q
saddle, sitting on horseback in front
of a feed store, silently witnessing the
commotion in and around the jail, he
was arrested by the sheriff.
On the trial If the case besides prov
ing this alibi by his associates, who
were the best witnesses at his COM
mand, and the only ones upon whom
he could call, by reason of his circum-
stances in life, to establish his where
abouts, he also proved by two white
men from the west, who had known
him long and we'll, that he bore u
good character in the community
where he lived. Not one of his wit
nesses was impeached, nor their YER
acity questioned in any way. Their
testimony in many respects was
corroborated by other witnesses in
and around the town. There was no
proof or circumstance showing that he
had either a knife or pistol. He
wore white vest, did not chew to-
| hpnon had ha hard
time. The negro that committed the
deed wore dark vest, had fuzzy
mustache, had pistol and knife and
also chewed tobacco. The deputy
sheriff arrested negro filling this de-
scription much better than Bruce, andA
he had knife and pistol on his per-
son and was wet and muddy up
to his knees. He in no way accounted
for himself. On seeing the ap.
proach of the two men, this wet negro
ran and was arrested. He was the
first one they ut in Jail, and was the
one whom the excited citizens seemed
bent on executing at the time OF the
defendants arrest. The defendant
MADE no attempt to flee, but seemed
surprised that they wanted him for
any purpose. So strong was the
sheriff's opinion that the first negro
arrested, and whose feet and legs
we're muddy, and who was in charge
of pistol and knife, and who the
deputy thought filled the description,
was in fact the criminal, that he kept
him in custody in the Jail of another
county for over month after the
Sheriff. family had identified Bruce.
1t is my opinion that the sheriff then
thought and now believes that the
last described negro was the guilty
party. He was stranger in the
Community, was arrested in an out
house about sunup, and gave no &C.
count of himself. Bruce bore good
reputation, was surrounded by good
moral influences, was not shown to
have been In possession of knife or
pistol at any time; and the fact that
he was sitting quietly In the midst of
a large crowd of white men seeking to
avenge the crime of rape on an inno-
cent girl, while he had full opportu
nifty of escaping on horseback, con-
vinces me that Ia his heart he felt Sc
cure as an innocent man.
am not prepared now to grant him
a full pardon, but under all the cir
cumstances will not permit his execu-
ton, but shall spare his life and await
future developments. His sentence is
therefore committed to life term in
the state penitentiary, and his trans
portation from the Ellis county jail to
that institution is therefore hereby
ordered.
TSigned J. s. HoaG,