Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-12-24

Was the appellant (prcstonl with
nun On that fatal nlght2 who can
louot itf' And echo answers. "Hoggr
aut says Judge Clarke. From his own
rps comes the confirmation on the
gay succeeding the murders, he asserts
the presence OF krchs at his own house
az Inc Preceding night and that he
himself was with Krebs during the
whoie night, Aud again in his motion
tor new trial he sclcmniy and under
fact.
Roth Were Thers.
~ Krebs was present at the house OF
Mliiiam England at the time OF tho
mulueis then the appellant Preston)
was ihere also. and the testimony
shows as cuncluaively as human teati-
inony can show that Srebs was there"
Judge Clarke next gives an able and
lucid statement OF the testimony Ia the
ease. and then says: This Is a brief
reeapliulatlon OF the salien, facts IN
evidence upon which the guilt OF the
appellant and his conviction must be
sustained, Regarding them In thclr
most favorable light Tor him, We cannot
say that they fail to prodesc Ia our
minds conviction that appellant par
ucipeted IN this murder as a principal.
IN law, and that beyond a reasonable
doubt, II these facts be true--and we
must assume their verify 10 view OF
the ending OF the jury--thcy are abso-
lutely Incompatible with the Innocence
Of the accused and Incapable or *
PLANTATION upon any other reasonable
hypothesis than that OF guilt"
judge Clarke next answers another
part Of logg's PROCLAMATION OF pa, on
when he says. 1T Is true that no mo-
tive on the part OF appellant (prostom
70 commit N crime Is shown. but Il 10
never Indispensable % a conviction that
a motive Tor the commission OF q crlmo
should appear Who With mortal ken
can faihom the human heart ana eN-
pose all It's mysterious prOmp,lngsg
Grimes the most horrible aro often
committed without apparent motive.
cave an inaauate dcvlltry which
mocks social restraint and recldessy
defies tha laws OF God and man.
That krebs had motive to destroy
the England family may be gathered
from the testimony; and THIS Is not
the irst Time. and VIII not be the last.
so long as human nature remHins the
same, that the promptngs and eeduc-
tons OF an ovii ana malicious heart
may con,amlnate those around u, and
Induce and Influence them from mo-
uVes Of friendship or OF gain 10 Join
In the execution of an unholy purpose,
for its own sole benefit"
The reporters Of this case, who cer-
tainly were unbiased, preface their ir-
port Of Il (see p so with the following:
'Thls is the fifth aud last OF serirs
OF appeals TO this court from convlc-
Tons for murder IN the first degree re-
suung rom the massacre OF William
England, his wife aud two OF her chill
dren on August %, 1916. II " the Sec
ond appeal OF Preston from convictions
In the district court of Cooke county.
TO which the venue Of the cause was
changed from Montague county. In
which the savage tragedy was enacted.
report OF hls first appeal VIII be
found az PAGE 1885, volume " or these
reports. Ia the opinion rendered in
the present case VIII be found CONE
prchenslve reoapitulatian OF the most
Significant and material facts and cir
oumstauoes adducad ia evidence at
the trial In tho court below la detail,
the testimony is reported IN the case
OF A. *. Taylor, fOxaB court OF APP
peals, 1863. ana IN the case OF Ben Krnhs.
which Immediately precodes the pres
ent case In this volume, except certain
additional facts peculiar to this case
and disclosed I'm the opinion. From
these several reports Il viii be seen that
misunderstanding the lapse OF nearly
ak years since the appalling aasasslna-
ton Of the England family. and despite
the most strenuous efforts Of able and
experienced counscl, rctr'hutlyc Justice
has consigned the two adult defendants
70 the gall0ws, and TAYLOR. the minor.
TO the nqnitentiary for he; three luries
o. Cooke county ana two Jurios OF
Montague have concurrcd In finding
them 20 be the perpetrators OK perhaps
/ the most horrible assassination i'm
puted 20 civilized men OF the present
generation"
As 1 was connected with the nrosecu-
lion OF these great criminals from tho
| time OF their Indictment TN their final
conViqtion | think ! underataud thcsa
cases better than Gov. Horg docs or
seems 10 do. The Ave juric8 who tried
( these casos We're fair ana impartial
| they heard tho entire testimony, they
/ observed the demeln " OF the wltnesspn
AS wen as that OF the dnfendnnts. they
were as honest and conscientious as
| Gov, Hogg himself and yet they never
I hesitated In conviotlnB these defend
] ants. The courts, the jurlel and the
I Judges, as Won as the men ropfesent-
l ing the prosecution have All done their
| duty but with hla nimble pen and ar-
! to1ratlc viii IN the exercise OF a power
| that such acts as this pardon may
cause to be abridged. the governor har
undone the work OF years and upon a
/ biased and exparte showing upon am
| davits OF men who, n they knew any
/ thing have kont u suppressed for All
/ these years. he has struck a blow at
l'the enforcement OF the laws that will
! long be felt ana deplored IN Texas
now protest against this act. fully
aware that objection now 70 useless
/ but | had no notice that any action In
/ these cases was contemplated.
! I solemnly protest against Il IN the
| name Of Justice and the enforcement
/ Of the law, m the name and behalf OF
4 the faithful officers WHO nrresied and
/ brought these men 20 trlhl, in the name
4 OF the honest and truthful witnesses
I who for a long series of ycnrp sacrificed
| their time. money ana comfort 20 testify
IN these cases, Ia the namo OF the ln-
| corruptible and manly Jurors. who, In
1 spite Of the arts and fiOquencA OF dis
I tingushcd lawyers and the perjury Of
I Interested Witnesses, did their duiy and
I fearlessiy returned righteous verdiets;
In the name of learned Judges who have
/ repeatedly decided the guilt OF thsse
I rnen upon testimony that 10 Gov. Hogg
row appears trivial IN the name Or
/ mo noble dead. the butchered. white
] haired old minister. his manly son. his
I wife and young daughter upon the
two latter OF whom this pardoning act
I n a Stain and insult and lastly. ia
the name Of that respect Tor Law that
I alone can prevent fnobs and Stop In
] furlatrd muitltudes from failing the law
I into their own hands when such brti-
tailtes are perpetrniea BY holding out