Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-04-05

Sheriff Mozart Immediately after the
shooting.
She said two men called upon her.
but that she refused 10 tell them any
thing about the afrair. Did not tell
them she saw Mr. Page going away.
or that she saw a pistol lying on the
floor by Smiths Side. She also said
that she now wished she had never
AFFAIR
officer Scott. being sworn. said that
he called at Mrs. Davis place, nc
comnanied by Deputy Sheriff Mozart.
She did not refuse 10 talk Of the kill
Ing. but. on the contrary, said that she
heard the shooting and came down
stairs. Scotts report Of what the
Davis woman said corrOborated her
testimony Of the morning, except as TO
seeing tho pistol on the floor. Othcer
Scott also swore that he heard Page
say that he had killed Smith, and was
glad Of IL, and that Page at this time
was very much excited.
Police Officer Ferguson, being re-
called. said that Page told him that he
felt that he had done wrong In one
sense Of the word. but that It had to
come, and that he felt relieved That
II Smith could have gotten X. NJ. Page
out Of the way, he could have robbed
the bank. but witness did not say that
he heard Page say that he was glad he
had killed Smith.
Deputy Sheriff Mack McCart corrob-
Grated the evidence OF Ohicer Scott
At this point both sides announced
through, as far as evidence was con-
cerned, and # was agreed that each
should be accorded an hour for the
discussion.
Mr.. Furmau opened for the applicant,
stutlnB that his chief predicate would
be the case Of eX-parte Evans W.. the
state, In book 49, reports OF the crimi-
nal court OF appeals, where the cunsti-
tutlunal right to bail is established,
except In capital cases whore proof is
evident. Reasonable doubt. said he,
must cover decisions In such cases. In
the early days OF the practice not much
attention was paid to this evident fact,
but later decisions were more in keep
ing with reason and Justice Common
sense was common right and common
right was common law and reason
gave the law the vitality which It
possessed. IL the court could not
say 20 Il jury that the applicant had
committed a capital omense punishable
by death, he was entitled to bail as an
absolute matter OF right. He quoted
Smiths assault ON Page and his adj
mission by u plea Of guilty that he was
the AGGRESSION. No motive had been
shown Of malice on the part Of Page
towards Smith. who had already once
HVAkHA I tAhN = hltHNllilH Hihll lilt inullHtl
IT IS q rule OF law that preparation for
defense rs no predicate Tor malice. He
would show cnuse at the proper time,
and IT was his opinion something
had happened In that Office which only
could be told when human life de
pended ON Us being diyulgcd. II was
natural that Page should be in a
towering passion, ana 1t was just MS
natural that he should expect to meet
subsequent trouble from a man who
had already attempted his life. Smith
knew that he was opposed by Page; he
knew that there was to be a meeting
Of the stockholders that morning, and
might he not have anticipated being
from his position as cashier |
of the bankf There was n motive for |
what followed
During Mr., Furman's address the |
TREMENDOUS crowd listened with rapt |
attention To his every word He was
the incarnation OF eloquence and |
oarnestness. and n he had delivered the |
speech anywhere but In court of law.
would have been applauded to the echo. |
County Attorney Gillespie. speaking |
for the prosecution, took up the claim |
of fear Of subsequent danger as laid |
down by Mr.. Furman and rldlculed the |
idea that II could be Interpreted as |
jus LITIGATION for the deed Such n |
claim was In Itself express malice on |
Its face IL was good reason and good |
law. ic charged that Page had his |
nephew armed aud ready to shoot |
down his subsequent Victim II he
dared TO resent a continuation OF Pages |
insults. Pages remark that he had |
Killed the son OF a b. was an In |
dioouon that he had malice in his |
heart. Every expression of his llps |
every glance OF his eye proved malice |
as wRs his remark to the officers who |
arrested him that he was glad he Ind |
done the deed Again. his remark that |
" Smith could get him CPagel out OF |
the way he could rob the bank was |
Sull another certain Indication of the |
malice which controlled him and This
remark showed that Page ranked the |
dead man as a robher, Mr.. Gillespie
IN closing hts argument drew a vivid |
picture Of tile scene IN the office. an
aly2lng the position Of the men and
dwelling upon the fact that there was
no proof thal Smith fired n shot, II
malice, and \. r. Smith had no more
chnnce for his life than child in the
hands OF n giant.
Judge Booty consumed his time
largely In reading from the authorities
upon what constituted express NAL
zee stating, however that II the de-
Tense would stand by their claim that
the killing had been done because Of
previous trouble between the men he
Tor one was willing 90 close al once.
as that claim IN itself WINS as good a
ease OF express malice as he wanted.
No one but the dead man, who Ind
gone before his Maker an offended
sod who had viewed the awful trag-
'dy, and the applicant who now seeks
nus liberty know what occurred in that
room, Page was either afraid Of
smith or else felt n dendly aninosity
.owaras him. In either event he cared
lpt which, there was express malice
From the time Smith left Tidbairs Of
ICE until the first shot was fired. a
period OF twenty-five seconds. there
vas no Time for the parties to become
'ngaged IN any angry altercntion
began the difficulty com
nenced II suddenly, II Smith meant
@ take the. life OF his antagonist he
,crainly did not do 80. and not having
lnhe 50 II Follows that he did not att
These differences suggested them
ELVES rs reasonably true. said hidre
iooty' III man burn down my
,oust, or insult my wife, and / allow
he time from July 9. 1898, to March
y lSai TO elapse before seeking my
eNenge' certainly / am guilty OF eN-
,ress malice" Smith was humnn
lod the laves and passions OF tho
ace. UTis mad he meditated murder
would he have been the cheerful man
le WIS when he said in Tldhall's OF
'ce There goes Col. Page. IN 20 and
uggest this proposition" There was
ne creature beside God who knew
ne circumstances OF the killing. and
hat Is the applicant for bail. As
udge booty said this. he turned and
ointed at Page. who never WINGED
MT looked the eloquent attorney I'M /