The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-11

after exhausting but twenty two talIsmei
the panel was filled with the iollowin
citizens. W. Al. White. A. s Dyer. Cha
Frat, George L. Price. John Thomas, e. &
Merritt, Felix Fourcade. W. u. Jones, &. \
Eisbury, A, J. MeTken,. OTTO PreuSsner an
| George l.. Porter.
There was no contest whatever and YER
little time consumed In securing a 1ur
and no peremptory challenges, Those VII
| were excused were excused for cause. b
failing to I'LL the requirements OF properl'
| qualified jurors.
After the jury had been selected 10 tn
| Indictment as read them by District Attor
ncy Gillaspie. the defendant again pleaded
guilty.
He did Il in a sulien. unintellisihlc sor
! OF a way and being told TO address d:
plea to the Jury. so they could understand
him. he turned his head half around 10,
ward the Jury and repeated bis plea o.
guilty" In a more distinct tone.
Mrs. Mollie r. Jackson. the Nlet'm oil
the defendants iustfui assault. was the
first witness called by the State. She was
In very delicate condition. about TO be-
come mother. and was led to the witness
stand by her husband Her enfeebicd
condition, as she appeared on the witness
stand in itself was a powerful. though
mute appeal 10 the Jury.
Every one In the crowded court room who
saw Mrs Jackson led by her husband to
the witness stand made up their minds then
and there what their verdict would bc
We're they In tho Jury box.
In answer to a question put TO her by
the distric, attorney. she answered In
plain, positive and Straightforward way.
detailing how few days before Christ
mas Terrell came TO her home In the Fit,h
ward aud perpe,rated his hcndish crime.
she said II was on the Tuesday before
Christmas abou, O'Clock In the day that
the crime was committed.
by whom" asked the district attor-
noy
by that man there" answered the wit
ness. pointing her trembling finger at the
prisoner as he sat by the table Immediately
In trout ct the witness stand. with au air
" stole Indifference.
HE asked me first for q drink OF water,
continued the witness, Il gave him
glass and told him TO go to the cisteru
and get II. He asked about some wood
choppers and asked II my husband was at
work. lie then asked me for something to
eat | went back and brought HIM what
had in tho house but Instead OF taking the
plato he grabbed mo by the throat and
forced me backward Into the room and
upon tho bed There was a small callbre
rife lying across the foot Of the bed which
he grabbed with ono hand while he held
my throat With the other. Throwing me
upon the he'd, he accomplished his desire
The Imprint OF his fingers was upon my
throat FOR al least two weeks afterwArt
After accomplishing his purpose he asked
about my daughter who was at school, He
made mc go through my husbands clothes
To- rot money for him bur there was none
tho clothes, as they were too snall FOR him
80 wear He made NC swear never to tell
what hat happened. saying h" would XII
nir II ! did. ! MAS then I'm delicate con
iifon ann quite positive thar Terrell is
the man She flen testified az to her sub
soquent Identification or the negro AT thu
jan when he was brought before her IA
with several other negroes.
The defense aad NO questions to ask the
witness
Squire Jefferson colorcd. was the novt
Aliut.s. lie testified that he WaA working I
a cypress in January when Terrell the /
'rNrutr al thu bar o.mc there aud ash,I !
or work. hr came shore ~ night iie
a,ts lut tu work 4 few DAYS later witness 4
AAa taken alrk and bad to come to llous- /
on. aud asked Terrell To- com" with HIN /
lcrrrll refused saying that they vote of- /
"r LIN IN Houston for raplng a White No /
llan lie lhcu told witness the details M /
he crime. just as Mrs. jackson had re
htod them. mcnuuuiug the fact tina, hts |
having taken the riflc from Mrs. Jackson's |
hous'. Terrell went from there TO Sugar |
land.
The defense asked no qucstiors Of tho
witness
lin Hiiliari young colored boy was
he next witness for the state lie lived |
II tho baggns factory IN the Firth ward. |
This WaN about fi.c OF six blocks from |
s here Mrs Jackson lived. He Identified /
'rrrii as the man who about noon on the /
iHy the crime MAS committed approached /
iim and asked him something about the
90 4-.
ravtNE Mira Jackson house. and later TN
be- evening heard of tho crime lie was
Iut' positive as 10 his Identification OF
orfc.i anl hnA previously idou,incd him
O. the jail among several other colorei
Irisoncrs
The doteusc asked no questions.
Mrs. Jackson VAS here recalled by the
itato and asked what Terrell had said 70
Yer about her daughter. lie said" re-
'lcd the witness. that II she was at homo
'c would do the same 10 her that he did to
ne"
Smrky NalFon. we'll known colorod
'iizru whom Sheriff Erickson had taken 10
he jail IN witness the Identification OF
'orrell hy Mis-. Jackson. WAS neat placed
ron the stand. lie testified to the fact
" his being Al the lail during the timc
hat Mrs, Jackson was there He had been
skod hy sheriff Erickson to 20 there 10
lucted, SO far as the negro was concerned.
Lee related hnW Terrell was conducted into
he presence ~ Mrs. Jackson in company
Win several other colorci prisoners. and
low Mrs Jackson had pointed him out
Without tho least hesitation before no had
airly gotten into the room.
This Is our case" remarked District At
orney Gillasplo as Watson loft the witness
tani
We have no evidence to Introduce" re-
dici MIR. Wolverton az counsel for the
defendant.
MI GiIlaspic then briefly but pontedly
'Ircalcd 20 the jury pointing out to them
heir duty as citiGeus in furnishing such
'rimcs as these. that the lesson might be
aueht that such oftcnscs could no, be
'ommlt,ed in Harris county and so uupun-
shed by the due process OF law
We have nothing to SAY In argument"
said Mr.. WolVerton rs the prosecuting at
orpey closed,
The Judge then read his charge. an ex-
'e'dingly brief one, simply covering the
statutory penalty provided 10 cases Of rape
'iting that II the Jury found the defendant
guilty they might fix the punishment any
whore from five years In the ponitentiary
q death.
1t was Just IL o'clock that the charge
nN.al e ~ 4