Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-02-08

How n Texas LAWYER Extorted an Acqnit-
tal in n Capital Case.
Nav Ortnnna pIcayn,a

How Texas LAWYER Extorted an Acquit-
tal in Capital Case.
New Orleans Picayune.
A prominent lawyer of the Lone Star
State, who recently visited New Orleans
related to reporter tho following story
of murder trial In his Texas home.
The prisoner was on trial for his life.
The evidence had all been heard. The
States attorney had just taken his seat,
after a most incisive statement of the
evidence, wherein he demonstrated the
utter failure of the prisoners theory OF
se!t-defence. The counsel for the pris-
oner was q stranger, known only by
reputation to the Judge and bar, and
that reputation was one Of great liability,
perfect integrity and a marvellous llnack
OF "snatching verdicts" each time by
some new turn. This gaunt, yet grace.
ful, gray-headcd man arose, seemingly
without looking ut the jury, though
each man felt he was under the power
OF that wide.open eye. After bowling
to the judge and sRying few almost in
audible words of courtesy to his honor
he turned to the prisoner and said.
You must die, John-die by hang
ing. 1t will be for no fault of yours, by
no fault Of the judge, or of his jury, or
OF the good. people of the country;
neither will it be any fault of the law.
Inc law of Texas is all right, though
you do die innocent. The law, though
Its machinery may sometimes expose
perjury, can't always prevent the false
swearing of witnesses. Judge and juries
have not the power, though they some.
times exercise the authority of Almighty
God. They couldn't look into the souls
OF those perjured witnesses and see the
malice, hate, and private purpose that
colored and twisted all the facts. We
can't help it now. You may die as you
have lived, like n brave man. l don't
need to tell you that. The woman who
bore you, three months before you saw
the light of heaven carried 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 CT 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 message he sent you
was, "Tell him we believe in him. We
VIII lay you beside them. In 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 | sec 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, Wen try it all
over again up yonder."
Then, in u few of the boldest and
grandest 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 jurors" Then
he pictured the eagerness with which
the mother and the calm confidence with
which The father awaits heavens verdict,
the quick rush, the enhancing, soul
satisfying embrace of both at the words
mot guilty" Then, taking up both
hands OF the prisoner, he looked down
In his face for a moment steadily, then,
bending, forward with mother-like ten
derness, kissed him twice on the fore
head, saying, in whisper audible to
all, 1--WE can wait for that; so goodbye,
John, my boy" Bowling respectfully TO
the judge, he took his seat, still holding
one of the prisoEer's 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 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 incident oc.
CURED 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
,tMnrl;ndn This rns1lt2