Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-12-22
WHAT To0TS SAYS.
SENATOR swAYNE OUTLINES THE
CONSIDERATION THAT MOVED
GOVERNOR CULBERsON.
A List of some of the Men VINO
Wrote Letters In behaif
OF the Negro.

Governor CulDerSOn yesteruby cum
muted the death sentence of Jim Toots
to Imprisonment for life.
The news reached the city at about
o'clock p. IN. by a telegram from AUS
tin to Senator Swayne, who at once
communicated the good tidings to his
client In Jail, thereby giving the latter
a more restful feeling than he had ex-
perlenced In long time. The sherin
will no doubt receive an official state
mcnt today. 1t IL unknown whether
Toots win go to Rusk or Huntsville.
lie will remain in Jail here until peni-
tentlary officials come for him.
Thus possibly ends one of the most
noted cases In the records OF the Grim
innl courts in Texas. Jim Toots, Il ne
gro, killer Policeman aWller, was
tried, convicted md sentenced to death
At the time public sentiment was so
aroused against him that lynching
seemed imminent. The case went to
the appellate court and the sentence was
affirmed. Then new light was thrown
on the matter new evidence was dis
covered. and public sentiment under
went IL great change when Toots'
case was finally laid before the board
of pardons short time ago such
demonstration of interest was made
as probably was never Witnessed in
behalf of any other negro In the south,
Men OF all classes md professions sent
personal letters to the governor asking
Communication of the sentence. These
were supplemented by letters from all
parts OF the state. The array of petit
TONERS was irresistible and the gov
rnor committed the sentence.
Jim Toots was seen In his cell in the
county jail by n Gazette man a short
while after he Ind received notice that
he would not be hung, He said;
"I think 1 will sleep better tonight
than have slept In long time, though
/ have never thought that | would be
hung. ] have felt the greatest con-
iidcnce In those noble people who were
working for me, and I haven't WORDS
to express my gratitude to them. Peo-
pie all over the state. white and black.
have worked for me, and have
thought all along that the governor
could not do otherwise than as he has
done. II Is not pleasant to have been
here In sight of the gallows built to
hang me. ! was here and saw il built
and have looked at 1t ever since.
Il do not think | win have to serve
n life sentence. I hope that the cover
nor some day Will see fit to shorten my
term" ''
a, v""t'i oNaSHe' VINO mas conducted
the case for the negro, was seen nv a
Gazette man during, the afternoon.
wen, Mr., Swayne, ToOts has escap-
ed the gallows," said the reporter.
Yes, and he ought 10 he very ham
py,' Mr.; swayne replied. Then he
I'm these trying times while the prcss
u waginB relentless war on criminals.
ana while the populace Ia demanding
life for life 1t takes very strong case
10 nave any bearing with the people.
The people have now learned the facts
In TINS case and II Is almost lmpossible
10 ilnd man away from the the In
fiuences of the police force IN this city
who thinks that Toots Is guilty of more
than manslaughter
The testimony of tho dnfapso ,ou,
shows and but few deny its corrcctpeaa
81. That Toots was beaten by Waller
mat Waller did not attempt to arrest
him, but while Toots was falling drew
MS pistol on him and was prevented
by Towns from killing Toots.
- Ihat Waller remarked after being
going to kill Toots. was
y. That Toots was notified OF Wal
ier $ threat and armed himself that In
twenty minutes time they met on tho
street directly on the way from Toots'
,house TO ms place of business and both
p1shH 10 bnpOt Mt each other
y Ihat waller was looking for
roots with two other officers ia NOT
denied and the only reason thew Give
/ Toots, ee ~ "'fest
The defense claims that Toots
mac been numerically beaten by
,MnIer and the last he had seen OF
n mi,, ne was attempting to shoot him
without cause Toots' only offense heinz
mat he was talking In a back aI,e1
| 10 negro prostitute N'
| =. negro has killed white man. n
rs true; but a DISTRIBUTING conmunitv
mas arisen as one petitioner and de.
,nanued mat he not hang. could get
III ,hls city II petition with ten thpus-
Inu names upon It saying he should
ne punished for no higher ofrensa
than manslaughter 'A'"'e
~ II lad been q white man, do YOU
pelieve he would. under the circ,i,n.
stances. at the hands OF n iurv have
TO serve one hour in the peniientiarvY
| 70 you believe that X. NJ. Van
1unu,, imam whom no man in Texas
s ena higher, socially. morally or
| financially, the son of the frat minis.
Ter from Texas to the United states
would nave written a letter for thia
iriendless negro whom he docs not
Know personally IL he had not Thought
soeiety was about TO be outraged by
HunElIB nlmT
= 20 You believe that NJ b. Lloyd, II.
G, Burlington, who are known thyo,,yh,
OUT ms country and the financial world
as honest, law-abiding ana uprlght
men would have written strong let
,ers asking that Justice be done this
| negro?
DO You believe that s,eadmnn Me-
Lean. Nugent, Booty, Harris, men who
s nn,e oeeuGAd the bench Of our
laws. would have each denounced Tho
hanging Of roots as Judicial murderY
THE following names. all OF whom
nave written strong letters, are too
ven known throughout Texas to need
eommendn,ion at my hands:
~ NJ, van zandt, >. o. Moody. M.
1 I. 9 TERRELL 81. u. n Ia r,. Iii ~ ~