Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-12-07

| In self defense and should not be hung.
| The record also shows several state
ments OF men who were present that
| G. NJ. Ware was talking to Toots ana
| then to Waller. and that they believe
that was the cause OF the killing.
These statements were from state
| witnesses.
There is in the record statement as
| TO the dying statement OF Waller In
which Mr. Swayne makes affidavit that
Mr. Gillespie. the prosecuting attorney.
told him that the negro ought not 10
hang.
And that Gillespie said that Light
foots testimony as to the dying decia-
ration OF Waller In the Toots case was
not all sworn to BIZ Lightfoot That
| Lightfoot left out the part about the
| first difficulty In which he. Lightfoot,
stated TO Gillespie that tho reason he
struck Toots was because Toots was
coming after him with limestone rock
weighing Ave or six pounds. MT.
| Swayne claims that ne knew nothing
| of any part being left out until the
| case had been prepared for appeal and
| too late to put the same In motion for
new trial. Mr.. Swayne also claims II
| Lightfoot had sworn to the above
statement that the jury would not have
believed any statement had been made
| by Waller because all of the witnesses
Including TONNES swore that Toots had
nothing In his hands. and that It was
| necessary to have the dying statement
| OF Waller to show a conspiracy.
The record on the other hand shows
n statement from Mr. Gillespie In which
| he states he has heard that Mr. Swayne
has an ohdavit rejecting on him in
which no accuses him. Gillespie. OF
suppressinR n part OF the dying state
ment of Waller. Mr.. Gillespie also
states that he told Mr.. swayne of
part OF the dying statement Of Waller
being left out and asked him, Swayne
why II was that he did not bring out
about the first difficulty. and that Mr..
Swayne told him he did not know that
any OF II had been left out, and that
Swayne asked him why 1t was he. as
county attorney. did not bring It out.
Gillespie also states that the reason
he did not bring the same out was be-
cause he expected the defense to do so.
and that n he had himself brought out
the testimony II would have prejudlced
the case on account of conflict. IIc
supposed that the defendant attorney
knew OF the statement, as II had been
| sworn 20 In another case.
Mr.. Swayne dlsclaims any reflection
on Mr.. Gillespie.
The court of criminal appeals, after
examining the case and the new evil
dence, have stated to the governor
that they do not think Toots should be
hung. Mann Trice. assistant attorney
general also makes the same state
ment.
Letters recommending Communication
are as follows: x. NJ, Van Zandt. NJ.
II, Lloyd, A. l.. Matlock, II. L. Nugcnt.
sam j. Hunter, Caps & Cantey. A.
NJ. Carter w. p. Mclean. r. NJ.
/ Wynne. $. NJ, Fry. II. NJ, Stanley.
Stratton & White. II. NJ. Chapman, ID.
w. Humphreys. Seth Stewart, N. A.
Ste9dman, Byron G. Johnson, w. II.
Parker. Rev. j. Morgan Wells r. n. u.
Andrews, II, u. l.. Roy, A, q. McClung,
the Justice who held the examining
trial. a. j. Booty. j. II. Lewrght, T..
y, Albright, n. G. Andrews. John NJ.
Moore, $. o. Moody. H. II. Daggett,
Sam Evans. d. S. Rop, j. c. Terrell. ST.,
J. G Terrell Jr, W. u. Tucker n. u.
Burbrldge. John W. Wray James
Roberts Also from several of the
county officers.
The, letters which have been re-
ceiVed. Mr.. Swayne told the board of
/ pardons today, were based on tho owl
dencc In the original trial and published
| IN the Gazette, and without reference
10 the newly discovered testimony.
ninong the papers liz n statement from
District Judge $, T., Greene. before
wNn9in thc ense was tried. in which he
| declined to say anything in further
| nnCe OF the object for which the nppli-
/ cation was presented. IIo refused n
! new trial In the case, and refuscs TO
take amy action In the prisoners behalf.
IN met, the statement Is construed To
mean that he would not recommend n
communication. II is learned tonight thnt
ex-governor Hogg Is interesting him
| SER IN Toots' behalf II IL known thar
ne believes that Toots should not hang.
ana mas go expressed himself. and had
the case come up before him while
I chief executive, a communication would
nave been granted. The case as pre-
hehtcd to the board OF pnrdons is n
very strong nne. and Senntor Swnvna
pn'u tonight TINT In view OF the record
OF me case, he thought II more than
| probable that executive cIonencv
would be interposcd. The board spent
M or today Investigating the sintcs
ment of facts and part Of tho lettcrs
ma u seems possible that report viii