Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-11-20


sumption OF innocence or ,,o ,,,..
user must be nanifestlv ,e..d,,,. ~ ~.
Nyiil.afy To the evidence hrser, Z,
H ~, u iaSt resort viii i,Ayerso n ,,,t,,,'
s.ssi csise on question of fnrt A.
e es.s.ns 70 the record filed before Tho
,,,t,, ~ thls case. the applicant was
49,. .s Vi murder In the first or second
ueslee As said before. the inry ~
passing on that question Of fact 1rda.
me courts charge OF the law. fonnd
s,Sa ne moo committed the n,ost in
snneusapie, the most wauton ana cr,,ei
ollense known to the iaw-murtier in
a.; ,.e nIs, uesree; that upon express mall
~ asNins. Hornsby, he had murdered
, ,,s,.. hlie me facts may support the
Ye s uhuer tae law before the court.
feel that In nlnety-nIne cases az, -;
every hundred similar to this one thnt
nidy pe tried In the courts of the civil
izeu world, different verdict womb
De rendered against the accused. and
the remaining one would be granted
executive clemency. Only the very
smsntest circumstances were proven 10
support the theory that applicant nm
derstood what the dornsbvs were do
lhS 70 or with his friend Nor is there
anything TO show his previous knowl-
euge that they we've there 10 keen tho
peace Ihere Is nothing to show that
even a moment elapsed from the time
ne rushed to the call OF his friend in
uouoe 10 the time when he fired the
s sia ne mad never met or known
either OF the Hornsbys. He had no
deliberately formed design 10 kin either
OF them, There were no former
grudges or antecendent menaces by or
between them. Though uniustifabic.
the act was sudden, quick, impulsive.
lnconsiderate. and committed under
very peculiar circumstances surround
RI mn te. q.
his own. while his seemingly imperiled
friend was calling for extraordinary
aid, To my mind the act should not
call forth the death penalty, especially
when the material facts showing its
commission We're testified to By very
ignorant and perhaps preiudiced Mexl-
can witnesses
Another phase OF this case that APP
pears somewhat singular to me: Mr.
Hornshy was one OF the Oldest and
most respected citizens OF Travis c6un-
~ No man In the country stood bet
ter among his large circle of ncquaint-
onoes He was loved by MI who knew
MIN, His loss was keenly felt by thuus-
ards of warm friends and neighbors
For years he had held high elective
Official positions Immediately after
he was shot. his son and friends sur.
rounded him. took him home, mile
or two distant, where he lived sew
eral days thereafter He was rRtlln-
al from the first until the near approach
OF death. The strange thing 10 me Is
that his statement made III at ALI i'm
medlately after the killing, or his dy-
ing declarations az any. were not Civ
en- to the jury SO far as the record
before tho court Is concerned, he never
said a word about the act in any re-
spect whatever
Hearing Mr.. Hornsby had made an
ante-mcrtem statement, ] summoned
before me two reliable WITNESSES for
the purpose of learning from them
what he did say. They were his friends
and did not volunteer their state
ments. They each answered, on sep
afate examination. that Mr.. lIornsby
stated that in the row he picked up
chair and struck one of the Next
cans three or four times" one OF
these gentlemen says that Mr. Horns
by stated that while he was either
striking or In the act of hitting the
Mexican, the pistol ball was fired into
his body. The other says that accord
ing to his recollection Hornsby said
that he used the chair on the Mexi-
can just after the shooting. These gem
tlemen heard him make his statement
at seperate times, and they repeat his
language to me without material con-
flct, eXceps as 10 the particular juno
ture Of the difficulty when he "hit the
Mexican over the head with chair"
No witness on the trial testified to
these facts or to either OF them. The
next morning after the killing prom
inent daily paper published SINH
lar statement as having come from
Mr.. Hornsby.
Add to all these circumstances the
fact that applicant Is an ignorant,
friendless human being. and a cre'rn-
ufr m Uhnge llurIIIRe
he cannot speak or understand; End
the fact that the court had to appoint
counsel to defend him; and Tie fact
that the state. though represented by
an able district attorney, had the rs
sstance of an unusually able pro7ecu-
tor employed by private persons; cid
the fact that the trial was had In this
community. where the deceased had
long been one OF the most popular men
I'm IL. and considering the further filct
that while confined under the death
penalty applicant declined the oppor-
tunity OF leaving the Jail ct the tue
large number Of other prisoners, includ-
ing whites, black and Mexlcans, made
their escape and left the doors wide
open; and l see In and around ana
about this case much TO lead my con-
ylctions into revolt against the iniilctivn
of the death penalty on the said Francis
co Reyes for the homicide, while the
more temperate sentence OF life impr4s-
onment has within It the elements OF
mercy and justice to light up the way
and lead me to conscientious, ana
hope correct, disposition OF his case.
Exercising the constitutional prerog-
atives vested in me as governor, do
therefore hereby commute and set aside
the death sentence OF him the said
Francisco Reyes and order that he be
consigned TO Imprisonment In the state
penitentlary during his natural life as
the law may dlfect
]. $. HoGG. Governor.
Good housekeeping can be reduced to