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

moments in which the unfortuna,a IN nv
Oh which we are treating occurred rh,s ss1
ond party, my client. could not thInl, n,has
wise thah mat his life was In great dan
~. iot when reason can assert that no
| acted. stimulated by the acts n, M =,
tended party made against HE norson v,
| = nave ALREADY said. The laws of plrti1a
loideh laws) reads (law ., title A. po.idat =
mere should not be punishment for homi
eide. he who should kin when tho o,ho,
| comes against him. carrying In his hand n
ulaMn Ni,le or sword or stone or a stick
or any other arm with which he could Lii "
our coue or penal proceedings (fraction IA
| Oh article 81 considers as an exculna,ins
! circumstance the act of breaking ncnai
| law. 'mpelled violently by a fear fo,indod
| on belief of an imminent danger iron,
| me aegressor. moral force which from
t,ie cN.uehce' was imposed on my client bv
me referred TO threat have alreadv AZ
luded to- which consisted in the tak,n, IL,
Tue hands the Remington carbino which
the soldier carried and cooking II foce 10
lace with Stewart at distance OF n varo mr.
Nara and half three or four and n
nan leet' threat which is of such n M :
turo mat II surely must have produced In
,n.e .nIVitenea party well founded and
irresistible fear of grave and Imminent
danger which is that of dying by the dis.
charge OF the referred to weanon.
some o' the witnesses that aro ,er,nna
P'ctcntihi make reference to the fact that
policeman, Simon Toves, was very care.
less ana unawares, ard confident that
Hagen was going to dlsarm Stewart y.h,','
the latter shot him hut this on HE nn,,
Is entirely wrong and incompat,bi" Win ,,it
thu facts of being Tho referred 10 nol;,c
man tried to apprehend or arrest my clion.
ASKING Tor help from police headquarters
ana keeping constantly a menacing and
.nreatenlng attitude against my client
cooking 1t face to face and al a very short
distance from the accused This act. which
is affirmed by the witness referred to ,s
also contradictod by the witness Emilio
Soto who aiIirms / would here call tho
attention Of your honor that he adyerted TO
Toryos TO be on the alert and ready bc-
cause Stewart was looking at MIN ana
had his pistol IN his hand and looked as
if he had the intention to fire at him.
and the same witness adds that the said
soldier drew his carbine and on oockinc
IL Stewart fred two shots at him. II is
therefore absurd to try TO sustain that the
dead man was unawares when Stewart fred
upon him, as this would be entirely in
compatible with the acts | have lust mon
toned in the preceding PARAGRAPH. II is
not necessary to make any efforts to know
which is the foundation os that which T
have just affirmed
1t is well known that credit should not
he given to an act which is in opposition
to another net. the existence of which is
well proven, for example. II one witness
testifes against nm accused affirming to
something which gravely and seriously
COMPROMISES him the latter con snstoin
that his act is lmposslble because I, ex
cludes the other act which has already
been proven by an evidence of superior
force. And on this precisely is where
is founded the case known by name Of
10 la1f
cused sustaining that he could not have
committed the crime which he is charsed
with, It having been pernctrated at a |
place very distant from that which at the
time was. The law, 9Th title. I3 Portida |
I'd Golden laws) which declares: Que |
sifaza alquno como ceal cia contra natura
cue non le empus min ca valodera." it
comes to establish tina. no proof can be
admitted unon an act which is comnatible
with another act the existence of which |
is nerfecilu and Thoroughly proved.
| made mention OF the prejudice and
general auimosity that prevailed against
nv client and said that he had contribut-
ed extraordinarily tn dfsnaturalizc the acts
and 10 present Them Mt arst siaht in
grave and moro serious aspect. very SUI
perlor TO that which IL srstaius Now I
shall try to convince YOU OF the truth Of
NV afrirmat,ons. Indicating from the be-
shining the acts which make evident the
nlrtln1ifX .nSfliiifpd
beriunin. or commencement of this process
Having read With attention the first pro.
cedure which was practiced. we note at
onco that IL is more an act of description
The declaration which Ills honor the
Judge Leon Arana gives referring to
Tho nets and doiucs has Keen. and referring
Ia then, as very grave forecast. he did not
limit himself rs he should have done TO
pivl, evidence of tho nlnce where the crime
was nerpetrofed and the track. Wink
ME lar hnhind
Now ,bjo 10 nrecedent which shows
No an,n,nsitv with which he procccded.
A ni,nnsi,v which showed itseIf moro and
more a. tbc nosn nrnceedod. and il Seems
,nnortuno for mo 10 Indicate before going
nv fur,bor nat we nannot hold or con- N
,idor ne trro that which In the anal part
If tba foct Of deecrintion he aCfirms that
i,o ir,,orr,od nj bonor tho iefe noliticc
no,nrS -, mi, district and who can be
. IA 10 bo,,o haep as nredIsnosed as Judge
,ra,a ~ ns ,s nrnvon bv The terms of the
attor ,,',.jtto, NV tho aforementioned Of
ioio, on ~ q,s, dov of Nav of the prosent
cav and which ticmres in This process.
rbo raforrod tn iudga consipns ali that
,bioh MAJ ;r,,,.o md damnge my client
Z