Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-11-15
THE TRIAL OF CLAM nrnnnnr.
A Remarkable scene In n Texa.
Court.

Tex. has told many coed stories to the
press. but the following 10 amongs,
his very best He snya II IA not original.
but his friends who know his peoulinr
tclicitious style VIII not believe IL. The
general is one OF the Oldest residents
ana best known men In Tcxas--n aohol-
ar. poet, statesman and patriot
The name OF Jones Rivers awhkons IN
the minds OF many OF the older resi-
dents OF Texas, and especially OF the
older membera OF the bar. memories OF
the wit, orator and lawyer who played
so conspicuous n part for many years In
the courts OF Texas, and more particu-
larry In the counties contiguous to the
Brazos and Colorado rivers, thirty or
forty years ago. Bright. Joyous and
witty. even the approach OF death
could not conquer or repross his nat
ural eNurbcrnnce OF spirit: for when. on
cold. dismal evening IN November, IN
the then droary hamlet OF Georgetown,
now prosperous city. he was told
that his hour had come. he met the
relentless messenger with smile. jcst-
cd IN his face, and, with wlttlcism
upon his lips. passed into the land OF
shadows.
He was genial In manner, eloquent
IN speech, forcible In argument, and
strong IN everything save the power TO
intoxicating cup, He possessed In an
eminent degree the divine afiiatus"
that belongs aa truly 10 the natural
orator as to the true poet. and when
enlisted Ia cause that aroused his
rympathies. or when he felt the stlmu-
loting influence OF the wine cup. he
could with dramatic SKIN. touch the
hearts Of his hearers, and by the mos
merle fervor OF HIS matchlcsa eloquencc
stir thcir deepest emotions This irre'
pistahle power WAS never more algnally
displayed than In the defense or hiB
frelnd, Col, G. G. Herbert, Familiarity
known as "Clalb Herbert" IA the dis
trlct court OF Colorado county, more
than a third OF q century ago
Claib Herbert WAS II superb typo OF
Southern planter under tho old re-
glme. Born IA Virginia, reared IN the
fertile fields and genial climate OF Tex
nv, with u biz heart In n bfawny, mus,
oular body he waa hospitable. liberal.
generous, brave and sympathetic He
lived on his beautiful plantation on the
hanks Of tho charming Colorado, Just
below the town OF Columbus, A man
Of learning nnd influence, he served as
n representative in tho Texan lcglsla-
turc and the Confederate cnngrcaa, and
held u commission as colonel IN the
southern army, The family was u dis
tlnEuished one In the annals OF Nir-
ginla, Of Texas and Of California; hla
brother. Col, Phil Herbert having been
member " the national congress from
the last named state before the late war
between the states, and was hipse 70
lantly leading his regiment OF Texas
cavalry IN the desperate Assault upon
Fort Butler
a. Clnlb Herbert sat ono day nj his
table. with number OF guests the
meal VAS interrupted by the appear
nnco Mt the door OF 4 little boy, perhaps
years OF age. an orphan. who lived
with n neighbor named Howard In the
relation Of n ward or apprentices. The
ohi'd was crying bitterly, trembling,
and seemingly frightened md suffer-
! Ing. Herbert questioned him, and the
hoy said between hiR aobs that Howard
hnd beaten him numerically, and
without cause Herbert carried him
Into an adjacent room, examined him
and found his body cruelty striped,
| ana bpnrini other evidence OF severe
| punishment. The kind planter soothed
him, and, seating him at the table, as
nured him OF protection, aid endenv-
| ored 10 quiet his fcnr that Howard
would pursue and carry him back.
This Howard was Yankee Of the
Mayilowcr type. a representative purl-
tan. phnrls1icnl In pretenalona, Fnnctl-
| mnnious IN manner. solemn In vlsnge
with drawing nasal mode OF speech
and n countenance that waH perpet-
unl Interrogation point. or cruel ma
| ture, he was destitute OF bowels Of
compassion. having apparently but
one bowel, and this seemingly illus
trntcd the maxim OF geometry which
aillrms that the shortest distance be-
tween two points II straight line.
The boy'B fear OF pursuit was not
without oNuae. Hardly WIS the dinner
| finished when Howard rode up to the
| gate and called for Colonel Herbert,
who responded with promptnnR. How.
ard inquired whether he had Hrcn the
hoy. adding that II had been necessary
I, ch9stIEe him geyarGly That morning.
and that nftprward he had run nwny
and llc had traced his barc feet coming
IN that direction. Herbert made no re-
! ply. but walked quietly out through
the open gate, seized Howard 40 he
sat on his horse. pulled him on and
gave lin then and there M unmorclful
norglng saying. Ms he released Mint
"'rhat VIII teach you not 10 beat an
other child you infefnnl scoundrei?'
Howard rcmcunted his horne ard
rode away without INDUCING himself
In any remarks.
Tho district court was then sitting IN
Columbus. the seat OF Justice IN Colorh-
DC county. Howard proceeded by the
most direct road TO that plnce nnd np-
peared without delay before tho grand
Jury. who promptly brought IN Bill
Of Indictment ngainst Horhort for ag-
Rravated assault and battery.
Jones Rivers. as counsel for the de-
fcndant. demanded M immediate trial,
aud jury wna forthwith impanelled.
Colonel Edwin Waller was district A.
tofney. for whom waller county, Tex.
WIZ named An memorial The only
wltnrsH for the state was Howard,
who told his story, was rlgidiy cross
examined. and the proHt cuflon rested
their cnFe.
Jones' Rivers stood iip. m the co.rt
please he said. tho defendant m this
case has no evidence TO offer excepting
the bic child that has been beaten
by the prosecuting witnefB."
Here he led the little boy forward
and seated him at his Bi9c. IN front Of
thu jury. The boy wan even Fmnn
thnn his years, NJ delicate physique
and showed IN his plnohud face and
tcant clothes traces OF suffering md
priyation' -the look Of neglected orphan-
hood IN poverty
The case was closed counrei for
the state said tiint IN submitting II 10
the Jury he had only 10 say that ns
there was 10 defer Hc. tho Jury coui do
nothing bet return a verdict or GRITTY
Rivers know that every technical
rule % law was against his client, ana
that there WAS no legal defense 10 the
states rnse; but NJ the game time he
knew every man on that jury. and all
their domestic relations. lie knew
that the Oldest ;urynan. the foreman,