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

iaW conceces 10 me TO establish the facts
which have been presented, and.-I repea,
,.-.ney were given grave aspect they
do not possess. and look where we have
come to without liberal principles In grim
inal Jurisprudence.
am intimately persuaded that The
policeman, simon "orvcs, DISCHARGED his
bennington caroline Before the accused firel
upon him with his pistol This was told
To u. II. Green, by jose Esp,nosa pedrr
Villela and Max MunoZ the same day ON
which the unfortunate affair OF which VIC
are treating took place. And some OF these
witnesses also assure Nicolas hernandez
OF tho same. This coming 10 my ltnowl'
edge. had called to my presence III,
ABOVE named persons and they reiterated
wha' they mad told Green, for this reason
| asked that their evidence should be
taken, for it WINS OF much Importance ia
Inc defense of the accused that this uroof
should have boon received at my citation
and In my presence. | had a very ,fnca
cious medium TO establish that the carhine
winch tho policeman carried was not dis
charged as the witnesses examined saw on
coming In contact or falling on the ground
nv me same time in which the policeman
iell TO the ground MORALLY wounded, Th,,
medium consists and ia proven hy /, In
ulclai inspection male that taking the
height at which the ball from the Renting
ton carbine lodged In tho will, II ia i'm
possible that the discharge of this arm
could have been caused and verified hv lis
railing ON the ground without having TIA
versod part Of the carriage in which
stewart was mounted. the height of A
Vara and half GH fceU at which the
track OF tho ball is. the situation that the
Policeman kept or held, the location Of
me buggy, all 20 TO show tina. the re-
ferred 10 discharge was made whom the
dead man was face to face with Stewart
and not when he fell 10 the ground NOR
tally wounded.
But TO raise the forecast AMI unimoslty
IN which the case was carried on. And for
this reason did not ask It.
believe that have demonstrated tina.
II my client violated the law he did it
lren2ied by the actions of the deceased.
winch were n powerful incentive for him
TO have committed the deed Notwith-
standing, | shall take time to establish
that in the supposition, which | DO not
concedc, that the acts indicated did not
support the terrible charges contained In
the procedure and confession. asserting ana
animmlng In II 10 my client the second
CRIME Of homicide qualified or manslaucht-
err on the person OF Simon Torves having
acted with reconciliation and pertldy. fir
ing or shooting Intentionally or unexpect-
GUY. said before. and / say now, that
the homicide is not qualified and that my
client. the accused. ala not act with pre-
meditation and perfidy. nor did he dis
charge his arm unawares. What acts OF
the accused has his honor, the Judge, pre-
sented 10 affirm that he acted with pre-
None Consequently. It Is
necessary that 1t should be taken into con
sheraton that this circumstance did not
intervene.
And now in conformity with disposed in
Article 5l6. In the penal code, 1t is neces-
sary that It's existence be thoroughly and
perfectly proved in order to take It into ac-
count. and under consideration in pro-
bouncing sentence. More yet: all the acts
'Necuted by Stewart on the afternoon of
he 3lat day OF May establish In an uu-
ioubtahle manner that he did not act with
generalization. II this consists in the will
by reelection and doliberation In the Will
when prepare the medium of execution.
le VIII await the favorable moment TO ex-
cute or take advantage of. Stewart WAS
liquor from 80 o'clock until s
'.clock In the afternoon. and he went 10
ne postoifico in company with Davis to get
MS mail. And if the policeman tried to an
,rehend or arrest him (StewarD. and he
discharged his arms in view Of the att-
ude which the policeman kept. who held
n his hands a Remington carhine cooked
is very evident that there was no pre-
Meditation of the part of the accused The
'erfidy consists (article SIS of the penal
ode In inflictng wound on another per-
on, taking him unawares or--what is the |
anne thing-suddenly. without any warn
ng.
Well, then, your honor. all the dates
'hlch the process presents manifests and |
hows that the policeman. Simon Torves. /
ad the evidence that Stewart was armed |
Win pistol; that he had in his hand. and |
e should have supposed that he had IL in |
is hand to discharge It at him when he
mould deem it convenient And II we