The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-03-26
THE TRIAL.


The day for the trial of John Rutherford,
first of the four negroes charged with
the murder of Mr. Thos. Dwyer on JAN
uary 20, dawned with sky full of lower
ing clouds. Long before the opening of
the doors of the district court room
clouds collected in the streets and in the
court house, and when the doors were
opened the trial chamber was crowded to
its capacity. Judge e. r. Sinks presided
and District Attorney Ed Maynard was
assisted in the prosecution by County At
torney ]. p. Buchanan, Searcy & Gar
rett, Rogers & Herbert and Mathis 4
league. j. r. Browning, Esq, chosen.
by the court, acted as the defendants
attorney. A special venire had been
summoned, and from this body of men,
after many challenges, jury was select
ed, composed of six Americans and six of
German nationality.
District Attorney Maynard, after the
jury had been sworn, read the indictment
and Rutherford, in answer to the ques-
ton of guilty or not guilty, answered not
guilty
The witnesses were called and put
under the rule. Mr. A. Jetfries was the
first witness called, and testified to the
fact that he had made a plat of the build
ing in which Mr.. Dwyer was murdered,
and it was carefully examined by lawyers
and jurymen. At the conclusion of Mr..
Jeffries' testimony court adjourned until
1:15 p. m.
After tile recess Mr.. VIM. Lusk was
put on the stand and the death of Mr..
Dwyer, the recovery of his corpse, ETC.,
from the cistern on the night of the 10Th
of January, as already detailed in your
columns, was proven.
The diagram of the building was put
on an easel and Mr.. Lusk explained to
the jury the location of the Office and
where the murder was committed.
Ellis Prosper, it will be remembered is
one of the men accused of the murder.
He was sworn and retold the story of the
horrible murder of Mr.. Dwyer, as pub
piece of pipe with which Mr.. Dwyer
was killed was produced and
Prosper identified it as the
same piece which he had been using for
some time. He was shown the diagram
of the building and pointed out the posi-
ton of every one of the murderers, and
the horrible details of how it was done.
His testimony was without the slightest
variation from his first confession made
to the officers and newspaper reporters
at the Jail on the Both of January, and
was straightforward recital of facts
with which he seemed familiar, and
which carried conviction to the minds
of everyone who heard it.
On cross-eXamination he said he had
told the story 10 or II times and had told
| nah, l..
went rigid cross-eXaminatiOn. but it
failed to change any material facts in
his former confession.
Mr.. VIM. Dwyer was sworn and related
the story of the discovery of his fathers
remains and the arrangement of the of.
nee after the murder, cOrrobOrating the
arrangement as related by Ellis Prosper.
Mr. Kimbell Johnson was the next wit
ness and testified to meeting Mr.. DIVER
as he was going to the postoffice, about
. O'Clock, and he went with Mr.. Dryer
into the alley between the Dwyer build
ing and the Schawe building. While
there he heard door slam. They walked
on up the alley together, and Mr.. John
son said he wondered what they could
be doing in the building in the dark. He.
stopped at COINS store. AS he went by
the corner of the Dwyer building he saw
some men standing there and recognized
John Rutherford. 1t was half an hour
after he had seen Mr.. Dryer. There
were three or five men standing on st.
Charles street at the east side of the
building.
Martin Van Buren, testified that he saw
tne defendants come out of the east door
OF the Dwyer building about o'clock and
scatter.
Other witnesses were heard who saw
VT. DWyer III the street as late as )
o'clock while others testified that Ruther-
Iprd reached home about 6 O'clock and
ihat ne was very uneasy the next morn
.iis leSt Prosper should ring" him into
'ile aiiair At o'clock the State closed.