Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-06-09
NEVER SPEAK AS THEY PASS BY.
STRAINED RELATIONS BETWEEN
TWO HIGH JUDGES,
HURT LAMBAsTs CLINT IN LEGAL
OPINIONS AND THE LATTER
WILL RESIGN TO BE SUCCEED
ED BY PHIL BARRY MILLER.


DALLAS, June 8.
There Is a well defined rumor anoat
here in political and court circles that
/ Judge Charles r. Clint of the criminal
district court Of Dallas county. con-
templates tenterlng his resignation
| at en- early day to Governor Culber-
son, and do1ing the judicial ermne.
The criminal district court OF this
/ county was organized In 1892, and Gov
ernor Hogg named Hon. Charles Il.
! Clint as the first Judge. He was re-
I elected without opposition In Noyem-
Dor last Judge Clint IL out OF the
city enjoying u well merited vacation,
and hence your correspondent could
not obtain from his lips a confirmation
of the rumor that he has tired Of ju-
dlcinl life. II is generally understood
| here, however, that his resignation is
inevitable, and that Governor Culbet-
son VIII have an opportunity of nom
mating to the position one Of his
friends. The causes leading to the
present orlsis would make long story
ana an interesting one. Judge Clint IL
recognized AS a fearless and upwright
iurst, and his record as n Judge Is
spotless He is aggressive and deter
mined, and believes that crime, In high
or low places. should be punished. lie
Is a proud-spirlted ana very sensitive
gentleman, and the very soul Of hon
or. For the past year the court OF
criminal appeals has reversed many
important cases sent Up from the Grim
inal district court ~ Dallas. The
Randle case was reversed, and the
higher court roundly criticised Judge
clint for refusing that somewhat noted
individual change of venue. Judge
clint held that the county Of Dallas
out Of a list OF 1900 free holders. GER
tainly had twelve men who could give
Raudle a fair trial and justice An
a auu ann - A
shot and Killed Constable Riley Bur-
nett Meirs was q fugitive from JUS
tee from SchaclSlcford county, and
burnett attempted to Arrest him with
out warrant. Meirs killed the officer,
and jury In Judge Clint's court found
him guilty OF murder in the second de-
gree and gave him 20 years in the
penltentlary The court of criminal
appeals reversed the case and Chief
Justice ]. NJ. Hurt wrote the opinion
II was held In that opinion that Mlers
was perfectly Warranted In killing
Burnett, because the latter had no
right to arrest him without n warrant
Notwithstanding that caplns for his
arrest was In the hands OF the sheriff
OF Dallas county This decision ere
nted great Indignation In Dallas coun-
~. Judge Hurt gave clint n fearful
lambastlng in his opinion, In fact the
like never before came from the lips
OF n Judge Of high court in Texas.
There are a number OF important muir
der cases which could be taken IN,
discussed and disposed of that have
been reversed by Judge Hurts court in
which Judge Clint has been handled
without gloves. and his feelings lacer-
atcd. There was the NJ. f. Anderson
case last week. Anderson was con-
victcd of n murder committed near
Mesquite. twelve years ago. For ten
years the murder remained a mystery,
until n farmer from west Texas,
stricken with paralysis and nearing the
grave. confessed that Anderson killed
the man, that he was a witness to the
awful crime and kept II locked n secret
In his bosom for tenth Of q century
for fear that he would become In |
volvcd. The court OF criminal appeals
held that to sustain a conviction cor
a ,o1,. evidence was neces-
sary. and Anderson was or
derod released All. Melrs was
cNoncrated and justified for the
killing OF Riley Burnett, yet was taken !
Ia Schackleford county and given two |
years by a jury In felony case. |
Judge clint convicts the Killers in his |
court; the court OF criminal appeals .
reverses on errors and technlcalltles, |
hence the strained relations existing |
In Dallas county between the district |
Judge and the chief justice OF tho |
court of criminal apcnls It is be .
leved that Clint Is tired OF serving as
football In the game which began n
year ago and Is ready to retire.
Tho friends OF Phil Barry Miller arc |
pushing him for the succession. He Is
good criminal lawyer and a ready
talker. He was one Of the counsel for
the defense in the Randle case. Tho
Melrs case. the Anderson case ana
others equally as noted, where tho
participants were convicted below and
acquitted above. In the Clark-Ho
campaign two years ago Miller was n
member of the Clark state executive
committee presided over by ZION. A.
j. Matloek OF Fort Worth. Mr.. Miller
IL popular with the criminal LAWYERS
ana they VIII no doubt make a strong
pull for him,
The people are satisfied with Clint:
the criminal lawyers and the court az
criminal appeals are not, Judging from
me reversals Many frlshtfui muir
uers have been recorded In Dallas
county during the pastnye years. One
hanging has taken place, and only one.
Henry Miller, desperate ana DO
PRAYED negro, killed Police Officer
ltrewcr. He was executed. and Judre
Hurt dissented In this case and snid
u Mlller was hanged II would he de
gal assassination" The neck Of Miller
was broken nevertheless az Governor
iiogg declined TO Interfere Franklin
y Miller, the slayer of Officer Riddle
mas been In Jail awaiting execution
for upwards OF three years. II IL nm.
nouhced here that Governor Culbersnn
has decided TO commute the sentsncn
70 life imprisonment. John Paris the
slayer Of Young NJ. Landon. was given
the death sentence n year ago. his
case has been slde-trackcd In the high
or court, or IL pending there. Rnndio
and Jones have secured new trials and
many others are In the same boat.
IhpgR a fatst 81
TOT the contemplated resignation OF
HON, Charles r. Clint, as fudge az mo
criminal district court OF Dallas county.