Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-03-26
COURT or CRIMINAL APPEALS.

COURT or CRIMINAL APPEAlS.
For II month or six weeks rumors
have been flying about that on several
important cases peIing, Chief Justice
]. H. Hurt and bis nssociates, Judges
y. j. SimlSins and w. = Davidson. could
not agree and that the court had re-
solved itself into two-agoinst-o one tribu-
nal. These rumors were verified today;
The court met ut IL o'clock ana all
judges were present a number OF I'M
portant cases were disposed of as iol'
lows:
A. p. Johnson VS.. the State from
Mitchell county; affirmed.
Alex. Mraas w. the State from Rcxar
county; reversed Mraas was convicted
of the crime of seduction and was hned
5000 He appealed, and the judgment
of the lower court was Knocked out
Mrnas * German farmer OF wealth
and standing.
IL. Bmmun VS.. the State, Lee county;
affirmed. Buman was convicted OF the
crime OF arson and sentenced to seven
years imprisonment in the state peniten-
tiary. He Is well known In this city.
y. Foster and L4rl;in Halliburton vs.
the State. Gonzales county; affirmed rs
TO Foster and reversed as TO Halliburton.
Tho boys put iify-two bullets through
their father for whipping u female rela-
tive. They were denied bail by the
lower court. Judge Hurt dissents.
Ex-parte w. w. j.. Williams from
Tarrant county; motion for rehearing
overruled. This Is the lawyers occUpa-
ton tax law which Williams endeayored
10 knock out.
William Harris VS.. the State. from
Shelby county: motion for rehearing
| oyerruled Harris was convicted of
murder and given n life sentence In the
pcuitentary. The gates of the pen
! swing inward for William, after today's
| decision.
Diego Espinosa VS.. the State, Gamer
on county; appeal dismissed.
Hugo MPrres W.. the State, from De
| Witt county; affirmed. Hugo killed an
enemy with his gun. The judge Of the
/ lower court refused Hugo bail. Judge
| Hurt digsants.
/. c. Randle VS. the state, from Dallas
county. Judge Davidson read short
| opinion In this case. rs followt:
The relator Is charged 10y indictment
! with the murder of u. :. Randall, and
! subsequently sued oft n writ OF habeas
| corpus before the Hon. IL. Il. Burke,
! Judge Of che FOurtccuth judicial dis
/ trict. Upon Lenring the case bull was
! refused and this appeal prosecuted. In
I view Of the fuCt that the cause is 10 be
/ tried by jury we deem IL improper 10
/ discuss the facts disclosed by Inc record
| or state the reasons which convince us
| of the correctness of the decision Of the
lower court We deem II proper how
ever, 70 say that we have given tie record
! that careful attention and close considcra-
ton which We believe the Importance
| aud gravity of the case demand ut our
| hands. From a careful review of the
evidence we are of the opinion that
| there was no error committed In tne
! lower court In refusing bail, wherefore,
the judgment Is affirmed and Ii - 50
ordered"
Judge j. II. Hurt dissents and said;
! "Aiter this case has been disposed OF
finally | shall write an elaborate opinion.
| differ with my associates. III this kill
ing was not jusuhable II was rash and
| mcOnaidCrutp IL not mauslaughter IL
could not be moro than murder In the
second degree. Bail Is always allowed
Ia Il capital case whore Il Is shown that
calm aud sedute mind does not exist
NJ the time 81 the homicide
Mike Coylc vs.. State, from Dallas
| county, affirmed, Mike took his shot
gun aud let daylight through the body Of
| Ben Page a brother farmer. An in
considerable jury gave Mike twenty years
M the pcnitcntiary, He appealed. Judge
Hurt also dissents in this case and init
mated that the killing smacked strongly
of sclf-dcfepse.
Henry Miller vs.. the State, from Dial.
la4 county, Judge Davidson read the
opinion In this ease, and II is a very
length one. Suffice IL 20 say, Judges
Davidson and SimpkiLs uphold the ver-
/ WV VI AhN lNNNI 'hNAA NNN uAlIin tue
judgment. Judge Hurt dissented in this
ease also lie stated that he will pre-
pare an elaborate opinion dissenting from
the conclusions of his associates He
said. u shall enter my solemn protest
against hanging this man on the state
mont of facts before the court"
Henry Miller, nearly a year ago, per-
petrated ore of the most Ntrocious muir
ders in the history Of Dallas county He
shot and killed without provocation on.
Ger G. o. Brewer and II the indignant
citizens of Dallas had laid their hands
on him, and they made three attempts,
the court of criminal appeals would NV,
en- have been called upon pass upon his
case, He was tried by jury IN Judge
Burkes court aud given the death pen
atty Judge Hurt viii prepare an opin-
ion for publication. giving his reasons
for, differing with his associates.
fubhe opinion Is Overwhelmingly on
the side Of the associate Judges ana n
IS pretty generally believed here that the
| era of the Killer Inns paeaaa o,.,,. -