Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-10-29

LDLEx
--
Mrc poca EIocE Da1eaced
IN THE FIRST DEGREE

Jury In the case or the state OF Texas
against Frank Ware. charged with the
murder OF NJ, J. Black. the Fort
Worth and Denver engineer. announced
that they had arrived at verdict.
Judge Harris was summoned to the
court room. when the Jury aed In
and Clerk McNatt read the follow
ling verdict.
We. the jury, find the defendant
Frank Ware. guilty OF murder In the
nrst degree, as charged in the in
dletment and assess his punishment
at confinement In the state peniten-
tiary Tor life"
rs that the verdict OF each OF you.
gentlemen" interrogated Judge Har.
ris. and all answered simultaneously.
at Is"
Poll the jury, Mr. Clerk" said the
court, which was done.
Ware showed by his nervousness and
restless movements when the verdict
was read that u was not what he had
hoped IL would be Tie remarked to
sheriff Eulesg as he was being taken
back TO lail that he had not yet aban-
doued hope OF ultimate pardon. tor"
said he while there Ia life there Is
hope, you know"
After the jury had been discharged
II was aseerlained that on first bal
lot, Immediately after retiring Satur-
day night, they stood eleven for the
death penalty and one Tor life i'm
prlsunmsui. The foreman and other
members OF the jury We're also om-
pnauU IN the abatement that they
could not have convicted Ware ut all
without the testimony OF Mrs. Black
and It's corrohoration In every detail.
Through the kindness Of County At
tornry Ben NJ Terrell. the Gazette IL
enabled TO print the contract entered
into by which the testimony OF Mrs.
Black was obtained. The document IL
as follows:
''The state OF Texas, county OF Tar
rant; Know all men by these presents.
that we, Mrs. Rosa Black and Ben
Terrell, county attorney of said
Tnrrant county. Texas. agree as fol-
Whereas. said Mrs. Rosa Black and
Frank Ware stand Indicted In the ais.
triet court 90 farrnnt county. the
FORMER In the Forty-clghth district nnd
the latter In the Seventeenth district
court, with the murder OF NJ. j. Black,
the husband OF Mrs. Rosa Black, by
poison, and
Whereas, the said Mrs. Rosa Rlook
is DESTROYS OF turning states evidence
against the said Frank Ware who IA
now on trial for said ofense, in said
Seventeenth district court, and
IVY hereas, the said Ben NJ. Terrell
Us Wiling for the said Mrs. Rosa ulnclr
TO turn states evidence and testtf,
against the Haid Frank Ware nro,',Iia'g,
she VIII tell the whole truth, ana nom
ing nut the TRUTH against tba snia
Ware on said trial '"'u
NOW therefore. In consideration NJ
me premises, the said Mrs Rosa
hiack akrees TO 80 upon the witness
stand upon the trial OF the said tra,i,
Ware and make. under oath a ali
iair ana complete disclosure Of an shc
SHOWS about the murder of aald A,
=. SLACK, by poison. and about Inc
connection OF herself and the said
frank Ware with the said murder.
- staung nothing but the truth In
her SAID evidence, and the said c5,tniv
attorney. Ben NJ. Terrell IN conalder.
atioh OF the premises, agrees 10 iet
SAID Mrs. Rosa Black be admitted 10
pan N the cause now pending arairSt
her IN the said Forty eighth distric,
Svur', IN such sum as she can reason.
AMY give, the bail to be nc. higher 49,,
the ordinary bail OF wifness a.
eases OF like character aad after thn
salu case against tho said Franl vvnra
hhau be hnally disposed ~. 10 dtsr,tss
the SAID case against the said Mr.
sair,, iiasN, IN me event that she has
~ S ahn uuthfully testified against
'hs sara Frank Ware In said case,
II Is OF course Understood that tho
.,iu MIS- Rosa Black Ia at ali times
thether on this trial or any snhss,
iueht ttlai OF said Frank Ware ia
appear before the said Seventeertb
nl5lri1t court and there TESTIFY against
SAD Frank We're whenever his sait
cause may be up for trial he fore sstd
court IN order for her not to he nrnsa'
.uteu on said charge OF the murder ~
said NJ. ] Black. 'NV' Vi
MADE IN duplicate. this g3d day of
BEN NJ. TERRELL,
MY. MRS. ROSA BLACK
.,Atteat;--ll. Nj. FuRMAN,
W4tnrsses.-B. ID. shropshtra ut,,....
Gregg " 'soh
Commenting on the terms or thu os,
tract and his reasons for making il
county Attorney Terrell said:
~ would have been more satfs,ac-
Tor, 10 myself and ms assistant 49,
hssoeiate council II we could have oh.
tanned sufficient evidence TO oven ,1,,a
US hope OF convlcting both Mrs ninci<
ana Ware, hut after dillgent work No
round Al The last moment that wo
souiu not. WIN the testimony at hand.
secnie the conviction OF either OF them
we realized that Il would he cainmi.
y most unfortunate &c turn them both
loose upon the community. "a NJ a
last resort, We induced Mrs Black 10
turn rinte's evidence and inns secure
re eonvietlon Of the worst criminal Of
Wares attorneys have nntll today Ia
NE a motion Tor q new trial, ANA n
they foll to do so today Ware losns
ms right of appeal t. the rtiurt az
criminal appeals. ana VIII have 70 Nc
eflt hls rsntence o. ne In the state