The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-12
ROBERT ?. BOYCE ON TRIAL
Charged With the Murder Of Will
". Smith.
THE STATE MAKES OUT ITS CASE
a'he Defense VIII Resume Its Testi-
MOny This MOrninw-E'ull Text of
Evidence taken Yesterday.


for trial In the criminal district court yes
terday and both parties announced ready
And the entire forenoon was consumed IL
the securing Of a jury. about sixty Nv
names being exhausted out OF a venire o.
400.
The defendant has a strong array Of coun
Del In Hutcheson & CDmpbeli Jas. A
Breeding and A. W. Boyd.
The defendant In this case, n young mar
not over c2 years OF age. stands charged
with the murder OF VIII w. Smith the
bomictde occurring In this city on the I'd
OF last September, In the roar premises OF
the deceased Boyce firing the fatal sho.
from the adjoining promises. occupied by
himself and mother, tho weapon used be-
ing double barreied shotgun charged with
buckshot.
The defense makes no denial of the shoot
Ing but rest their defense upon the theory
OF Justification. as was developed yesterday
by Capthin j. g. Hutchinson IN his argu-
ment to the court IN support of the admits
sibility OF a certain line of evidence, which
IL intended 10 establish the fact that IA the
conduct of Smith toward the defendant and
members Of his family ana In consequence
OF serious threats made by Smith against
the lie Of the defendant, is found sufficient
justification TO rest their case with the hone
of an acquttal
In selecting the Jury from special ven
ire the State exhausted four of its pcrcmpl
DRY challenges. while the defense went to
the fnll limit OF its privilege in this respect
by making twenty peremptory challenges,
The entire forenoon session Wag CON
sumed IN the selection of fury and when
the panel was filled The court adjourned
to p, m. to 80 into the evidence
The following jurors were selected to try
the case;
g. c. Schultz, w c. Noumann. Frnni
Gottschalk, H. Mrlcnhcy. 81 Packard, John
Doihone, w. W, Wes,gate. n c. Tips. m
Loofiler, Henry Fisher, Il II. Martin and
]. II. May.
ON rcasscmblinE IN the afternoon Mt
O'Clock District Attorney Gillaspc read the
Indictment 10 the jury charging r. r.
Boycc with the murder OF VIII Smith. ON
Scptenhor ? 1896. to which charge the de
PENDANT pleaded not guilty
The witnesses we're then called and
placed under the rule
Mrs Her,ie Smith. the vito OF the de.
ceased aud sister Of the defendant, was the
first witness for tho State she testified
that Wm. Smith dled on September . lSgG.
ut their home. He was Killed hv her broth
or, Robert =. poyce. w,'h shotgun VIM
smith. Der husband. was N their bick yard
pid not know where iioyce was when the
shot was nre1 She saw Boyce about two
minutes after the shooting lilo came oyer
into her yard She thc'iyht he came There
TO geo If Smith was dcai Royce mad
run with him then Smith Was in the yarl
with 4 broom. when he was shot lie Vas
drnsscd In his pants and uudcrshirt De-
ceased was talking 10 witness !rs, before
he was Killed. witness was Ta5-h.ur ecGee
IN the kitchen AZ The time DeesasaA was
complaining about pistol ~. ~ ~. h1r.
rowrd saying II was no z-e., Hqy "a 'lsesI
IN the adjoining house ta4s.e x-r-
not over ten feet apart VIII, 1!g.1.0a .euce
between.
Nv the dctcrfc--pld not sae mo faot
fred. Don't know hero Bopo. aas vh ea
h. fired the shot IIo came over into olr
yard inst after the shot was hrel The
killing was on Wednesday morning
Counsel asked that NJ Il week preceding
the shooting deceased had not eursi.d ana
struck Witness and cursed out The uuilre 1
Doyce family IN such way as To be heard
in the lioyce Residence.
70 this question tho counsel for tue State ;
objected.
Captain Hutchcsor. who was conducting
the examination for the dcfause arEucl
that he proposed 10 show that for no'lihs !
preceding the killing Smith had kept tha
Boycc family harrassod and torIncniet /