The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-28

N.v TRUSS
,tallsp BY JUDGE LAWN
...,, III. Cases of Will
na.s ne, and Burger
~. d the Court
new trial for Lewis
'' .' ~ 0, the murder oil olp-
s s..., las. summer was over
s :. nornIug.>A motion ln Ar
''ss,, va. $50 made and 0v We.
eIs,,n and associates 'qp-
~. - ,,.;tndsr, then gave ho'''e
rs =, we're granted ten days 'li''e
90 .. ~. a statement of facts.
. ,, p', ,,..ous recently published
W. 4, .bould be granted tho "o-
Y" ,,o afidavits of two VIZ
~ lack Mitchell one OF Inc
a, - TOR the State on ''ray $
. 4. .Is,t Q, the Baker 'r .a '1dy
a, ,hs attorneys. Glhson
ta ~, ~ tbey did not know 81
p ,an Wv testimony at the q ne
a ,,,,.,ie Hntcheson and Sears
q ulna for the State and AZ
. s,m', and Pagan for the appll-
alsns
rSawoop AND BURGER
'.ra,,ou o, Ed Underwood for a
,,suah oyerruled, was a long
,.rnsD,s taking up the time OF
", Of th day. There were
u. y, ,,,,ons given for the grant
y. ,risl and affidayits were
Z IA for and against the mo-
,a t presented by Attorneys
F,sdlug and Williams for IN
NM. hat the court erred in
ss,rdsnt's motion for change
a nsuuling the motion Tor a
n falling TO charge all the
I'M to the case; in failing to
,as proving Of an alibl' in fail
N ,ha Evidence as to an assault
tn; IN failing to charge on the
.lrei testimony, They cited that
ahu,ered new evidence that
VII tny was a surprise to de-
b, Burgers plea OF guilty was a
M Jurors D. A. Riesner, W. n.
4 n Palfrey plainly evidenced
us.lOnlng Of certain witnesses
rs,s in a spirit Of direct hostility
siirt
klsiaiy,t affirmed that Ed Sheely
,sulle would have testified that
Underwood and Burger veil;
Nv the robbers as they "a ne
AZ store and that while one CT
flrger the other was not I'M
i Is also affirmed by Under
rssl that Lock Mcdaniel, coun-
Burger, told them before and
sal was begun that he and his
b IN the fight to stay and that
zun an alibi for Burger. And
y ,ecount they did not ask for IL
BrEnan argued the points at
a,es Attorney Gillasrle pro-
itaavits Of himself and others
allegations recited by the de-
= y SUBSTANCE that since the
y ridayits Of Ed Shoedy and
- =. = l,s made diilsen' inquiry
xr I'd deputies. the constables,
al ~ l.
NJ - 's, .s otner parties cai p
A Y" o .ne parties making at.
4 Y. . U.s., a. h ,, one OF
~, y. r S,cna, onder"ool' ana
T.. y a. saa 4 VINO took the
~ - u y De was informed apd
:, ~. fna sneedY were the
! $500. ,s'es OF one Herman
n ~, IT,. 10 pelenaant IN
u - y, .ney were without
- ,ssn, IaDui as witnesses and
~ 49,. .". from from ms in'orma.
,s,s,.. sna scnul1e were not
uv,,I . y, anu could nave been
a \ SII ann .helr evidence mad
tr,tp-ss $50 !. nSu uspH useu
Inr,I :. ~ VI saia schnlAe ana
S,s S s,i y y Se pom IN the hand
llrdrriiir y, 'ie athuaNlt ana IN
Il rss,si, ana he asked that
kp,t N. y, !" wnich theIr names
Iva n, :, s,, .ne eouIt OF crlm'
lst s. n. tsiof ci Of this case.
h Al, i. nar.,, n,ed an affidavit
i,ti W u, y ne. never told counsel that
Ina "a use ~ 'nrough' but that,
lrv h, n pn. nau tried to get the
N ,,ass L i"a TO 90 on the
III 4. ia A., DIV nurser arrest in
ii ,ols ma man. osen berger,s attor-
IA, AZ 4 .mus of his sew
Nm M, ,,n aeu attorney he haf
\ 4 s'a 10y ,ime up to the morning
M Bu,,., ~nen the cause of
Mi ssrs s.' ~, ,o,n'iy charged was
b sjts IA ~, raa a conference or
xsys. ina, oa Nv Svou' nor either
ssysnsi raj, Vn LINZ inat morning he
4 r"ssro. with ]. b Brock
IlspsnIsl, " s,S $ attorneys in
b ir a ,h anu not care TO join
Id =. con, ause o. ven'ie' and
y stais At,orna s tor burger pro-
Il Z .s
sa prosec NJ oD''I s''. Of I'M
ID Hss BEEN -s,n.ot but that the
v Il any ' o,bsr ,,L that he ala
ry line Of a s,tior t TN commit