The Bryan daily eagle. (Bryan, Tex.) 1895-1898, 1897-06-18
Cases Dismissed on the Ground the
Court Had No Jurisdlction.

Court Had No Juftadioh"n
Tyler. Tex. June 1.-THE eleven
men from Llndale for whom warrants
we're issued on the 10th. came into Ty.
Ter for examination before Justice
Paulson yesterday.
After their arrival they accepted ser.
vice on the warrants issued on the 10Th
instant and went into custody Of Con
stable Day District Attorney Stuart
Smith arrived from Austin at 1880 and
a few minutes later the case was
called for examination
A good sized crowd collected around
the court house and the court room was
packed to suftocatlon The attendance
from the lindale precinct was by no
means as large as on Saturday. and
while the interest was intense. Il was
not nearly so ieyerlsh as Il was then.
Messrs. Duke and Bealrd appeared as
counsel for the defense and presented
motion 10 dismiss. which SEE forth that
the men arrested yesterday on war.
rants issued on the 10Th had In The
meantime been arrested iu tie lindale
precinct on warrants sworn out by
Constable }. " Dunaway Of that pre-.
clnct on the 18th aud had stood their
preliminary trial before Justice Of the
Peace c. =. King on the same day and
had been bound over Ia 3lOUo bono
each
Counsel claimed that a. the warrants
issued In the Tyler precinct had been
returned to the court the court had
never obtained Jurisdiction over the
persons Of the men. even though they
appeared In Tyler on Saturday. the
18th, when they heard the warrants
had been issued.
Mr. Smith. Cor the state. held that
under the statute that when a Justice Of
the peace began a preliminary trial 70
was bis oilce 10 carry Il out aud that
the action Of no other court could az.
feet e while pending.
When Justice Paulson cleared hls
throat to give bis decision there wa
a dead silence over the perspIrlug au.
dlence. lie said.
Gentlemen. my decision In this cas-,
Is that this court has no Jurisdiction
The motion 10 dismiss Is sustained
In an interview with Dls,ric, 80
torney Smith after the trial be said
when / was On Austin yesterday
Jaw Gov. Culberson IN regard 20 ,hli
matter and 10 bis conversation viii
me he said he favored a vigorous pros
ecutlon and told me he would send mi
lltla here 70 preserve order u Wal
my opinion. and Is now. that such
demonstration Of an armed force from
the outside would so arouse he splrl
Of the people Of Smith county that 0
would be impossible 90 secure an in
dlc'mentbya grand Jury 90 this county
Unul these men are Indicted by
grand jury the thing must stand us {
H.
III the regular grand jury fails TO re-
J turn bills Of Indictment shall asl
for a special jury commissioner 20 80
isct a special grand jury 10 Investigate
this case. II this falls shall coutIuu
, 10 bring q before every term Of On
grand jury until something Is done
Constable Day said. In an inieryie'
concerning the service OF he war
Nnts:
when the warrants were issued o
the 10th. the people 90 Lnd1lc aske
me TO send them a list Of those charge
and said they would appear here SAT
Erday. sent them a lls' Of the me
Gfldayiu had been made against an
they came down saturday morning
THE case was reset Tor Wodnosda
) by agreement and as ! had known e'
cry man charged Tor many years an
knew they we're the best people In "a
county ! felt perfectly safe 10 leiuu
them 10 home on their promise /
come back Wednesday
They were here this morning an
, the warrants were served hy accep
ance"