The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-04-22

that during the time my client has been a
| prisoner he has observed an irreproachablc
conduct. and the testimony OF J l, Long
q. II. Jacobs. G., Knotos, Gualupe pacs,
Walter Darlington and j. NJ lkord certify
TO the same. Copies certified OF these Wit
nesses are added to the proofs already sub
| mitted by me.
To sum up. ! thing have proven be-
yond doubt, the conduct OF my client
when sober and In his senses and The
fatal effects produced in him by alcohol.
To make 1t thoroughly and perfectly per
ceptible. that when he is intoxicated he
loses all knowledge, and his actions are
not the result of his freedom and liberty.
nor OF any deliberate Intention TO break
or infringe on the laws OF the state,
same as that all was done by the accused
my client on tho afternoon of the already
Slst day OF May last. demonstrates pro-
clsely that he was In complete state
of intoxication. And when he is not so
no is incapable of committing a fault,
The accused on the other hand does not
get intoxicated habitually. nor has he
committed before any infraction punish
able. although the chief of police and
spme of the other witnesses examined
attribute to him q pernicous and criminal
conduct and behavior. without specifying
the punishable acts which he has com.
mitted. And this Is the oppor,une moment
10 call the attention. that notw Outstanding
hat all the world knows that Stewart was
in n complee state OF intoNicaticn the re-
fcrred to afternoon OF Sist of May, and
Notwithstanding that the witnesses Davis
and Tarln made reference to this crcun-
stance, the same as the accused In his
statement, saying that he was somewhat
inebriated and that he did not have the
slightest remembrance Of the event or
casualties. Notwithstanding all this no In
quiry was instituted to find out II the
accused was intoxicated at the time he
committed the deed. When II is the duty
OF the judge to Investigate officially the
exceptions of the charge Of the prisoners
always when it comes under his notice or
observation Ucllevis the judicial power.
page 222). / here put a terminal to this
defense hoping In justification OF his
honor the judge 10 supply all that which
may have passed and that may influence
in some way the fate OF my client, tho
accused. I believe have clearly demon
stratod that Stewart, on executing the
act which causes this process, acted ex-
citedly by acts OF the offended against his
person. which we're a powerful stimulus
TO have made him do So That the pro-
ccedings were of notorious forecast, and
on institutlng 1t was refused and denied
10 my client the reception OF the testimony
or evidence CT Newton Bavis. which I
asked for in his name All that which
would jeopardl2e and inlurc the defense
was admitted and all that which would
favor IL was omitted and the testimonial
proof which l Instituted without my cita-
ton, expressly provided by law. Also hav-
Ing demonstrated the second of the con-
clusions contained in the arguments which
consists In establishing the fact that the
accused was in n complete state OF intox-
ication on executing and committing the
deed for which he is now tried, and be-
fore constituting l have to call your atten-
tlon TO the fact that the evidence and
testimony OF the witnesses Louis Tarin |
William c. Beckman and u. ii. Green |
have not been taken, and which were |
asked by me 10 be taken. have the |
confidence and assurance that his honor |
the judge to whom it now falls, to examine
and recognize this process, aud who will |
pronounce that will decide the fate of the |
accused. will not only estimate In his |
conscience. and Will weigh and value the |
reasonings which have been presented In |
order to cement my argument. but that |
he Will take into consideration all that |
which may favor the prosecuted and |
which have omitted. and In pronouncing |
his resolution ! promise myself that pene-
trating into the majesty OF his office and |
The sanctity Of his ministry, he Will kindly |
consider and hold as well proven my re-
terred to conclusions and give them the
corresponding OF the articles OF the Penal
Code which to Hose same conclusions II |
'efers. l ask it thus formally and l hope
hat in all that | have argued and exposed
md for that which may have omitted on
recount Of my iusufflciency he Will favor
hem according to the law.
Manuel Gomez y Luna.
Parral, September IS, 1895.