The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-06-24
The MOB CASE DISMISSED.
lJESTICE PAULSoN OF TYLER DE-
CIDED HIS COURT HAD NO
JURISDICTION.
DISTRICT attorneys STATEMENT
He Will Hiring the Matter Before the
Grand Jury Till indictments Are
FOund-PrOmised Militia by
Governor Culbers0n.

Tyler, Tex, June 16.-(Special.)- Early
this morning the eleven men from Lin
dale, for whom warrants were issued OH
the 10th, came to Tyler to 90 on trial be-
rival they accepted service on the war
rant issued on the 10th and went into
custody of Constable Day.
District Attorney Stuart Smith arrived
from Austin at 1890, and few minutes
later the case was called. A goOd-sized
crowd collected around the court house
and the court room was packed to suffo-
cation. The attendance from the
Lindale precinct was by, no means as
large as on Saturday, while the interest
is not nearly so feverish as II was then.
Messrs. Duke Il Beard appeared as
counsel for the defendants and present
ed n motion to dismiss, which set forth
that the men arrested Ibis morning on
warrants issued ON the 10th had In the
meantime been arrested in the Lindale
precinct on warrants sworn out by Con-
stable j. w. Dunaway of that precinct on
the 14th and had stood their preliminary
trial before Justice of the Peace q. L.
King on the same day and had been
bound over in $1,000 bond each. Coun-
sci claimed that as the warrants issued In
| the Tyler precinct had been returned to
| the court the court had never obtained
| jurisdiction over the persons of the men,
| even though they appeared in Tyler on
| Saturday, the 18th, when they heard the
warrants had been issued
Mr.. Smith, for the state, held that
under the statute that when justice of
the peace began preliminary trial it
| was his Office to carry it out, and that
| the action of no other court could affect
1t while pending
| When Justice Paulson cleared his
throat to give his decision there was a
dead silence over the audience. he
said:
Gentlemen, my decision in this case is
that this court has no jurisdiction. The
motion to dismiss is sustained"
In an interview with District Attorney
Smith, after the examination, he said:
"When l was in Austin yesterday l
saw Governor Culberson in regard to
this matter and in his conversation with
me he said he favored q vigorous prose-
cution and told me he would send
militia here to preserve order. 1t was
my opinion, and is now, that such a
demonstration of an armed force from
the outside would so arouse the spirit Of
the people of Smith county that it would
be impossible to secure an indictment
from grand jury in this county. Until
these men are indicted by a grand jury
the thing must stand as 1t Is.
IF the regular grand jury fails to re-
turn bills of Indictment l shall ask for
special jury commission TO Select IL
special grand jury to investigate this
case. If this fails l shall continue to
bring it before every term of the grand
jury until something is DONE"
Constable Day said in an interview
concerning the service of the warrants:
"When the warrants were issued on
the 10th the people at Lindale asked me
to send them list of those charged and
said they would appear here Saturday.
| sent them n list of the men affidavits
had been made against and they came
down Saturday morning.
'The case was reset for Wednesday by
agreement land as / had known every
man charged for many years and knew
they were the best people in the county,
felt perfectly safe in letting them go
home on their personal promise to come
back Wednesday.
"They were here this morning, and the
warrants were served by acceptance"