The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-03-31
REFUSED TO TESTIFY,
THREE WITNESSES WE'RE THERE
UPON SENT TO JAIL.
Ground OF Refusal WAS that they
Might lncriminatc Themselves
by Their Testimony.

| Brcnham, Texas, March S0.--The case OF
the State of Texas VS.. Bob Burch WIS
! called for trial In the district court We'd
nesday morning. The defendant is the
constable of precinct No 5 tBrenha,n), and
is charged with the murder OF Bob Carter
coiored, who was killed near tho Jail In
BRENNAN on Sunday night. October 5, 1891
both sides announced ready upon cali of
the case and the work OF selecting jury
commenced with the following result. T.
A. Mercer. William Kiel. Sr., Ferd. Wer-
ner, III. Klanl.e. Aug. Mueller w. C.
Broesche. Joe Toland. w. L, Buchanan. w.
a. Elliott. Fred. Hulske, J. NJ. Countryman
aud John Somer
The Indictment was read and defendant
pleaded mot guilty" The first witne S
called was w. N. Mayfield, Ir. He was
asked III he was present at the time Hob
Carter was killed, and refused to answer,
Ewing as his reason that he could not an
swer without discriminating himself. MIR.
Henderson interposed an objection 10 the
witness testifying and asked that the
jury be retired until the question could be
settled by the court. Judge Sinks accord
ingly directed the sheriff to take the Jury
out of the court room, which was DONE Az
soon as they reached the jury room and
the door closed Mr., Henderson proceeded TO
argue his objection that the witness could
not be forced TO testify where such testi-
mony would incriminate him. Mr., May
nard In reply said that he could not see
how the mere statement by the witne S
that he was present, and saw Bob Carter
killed could In any wise incriminate wit
ness, for IL such were the rulo OF law any
eye witness to amy homicide could claim
that he was present and refused TO testify
because his testimony would incrminale
himself, and the State would then be pre-
vented from using eye witnesses. Mr..
Mathis said that while the rule was moi so
broad MS 10 prevent eye witnesses TO other
homicides from testifying, Tho rule would
apply in the case at bar. where 1t might de
velop that at the time Bob Carter was
killed an unlawful assembly had gathered
and witness. should he testify that he was
present, would inclminates himself. Mr..
Rogers for defendant elaborated on tho
idea of the unlawful assembly and that les
timony given by witness might incrlmi-
nate him to such an extent that some
grand jury in the future might indiot him
and the statement made the stand thai
he was present at the time Carter was
killed would prevent him from hereafter
setting up alib as his defense
The court took the matter under advise
ment and excused the witness for the pres
ent and sent back under the rule.
J. r. Robertson and Seth Mayfiold were
called, but both took the same course
The next witness was Perry Morgan, who |
was not an eye witness. other WITNESSES
testified to about the same facts as Nor
gan, none of them being eye witnesses
r. $. Farmer testified! Was present whom
Bob Carter was killed. Found him in |
Watrousyillc. | had Film behind me on my |
horse and rode up behind the jail Man |
with gun came up and asked II | had him |
and Bob Garter jumped off. aud then I |
heard Dick Robertson say Bob. now Is your
time" and then heard gun fire Caa |
not say Bob Burch fired the first shot, but |
saw him shoot the second shot did not |
see Bob Burch after the second shot. Did |
not see any one else shoot; saw about |
twenty men there, but could not say who |
they were. Simon Carter told me he |
thought Bob Carter would give up 10 me |
] was taking him to Jail: II occurred about |
100 yards from the cours houqe in the city |
of Brcnham. Washington county
At the afternoon session Judge Sinks /
made the following ruling: i've thought
this matter over and am the last man in
the world to compel witness TO give tes-
timony when II could injure him. Ny opin-
ion is simply this: IT witness were TO
testify over objection to any fact. innocent
against him for any purpose whatever. n |
subsequent facts were 10 develop indicating
the completely OF the witness the testimony
he gives In this cnse could not be used |
against him. II seems clear 10 mo thar
there would he no danger TO him, and !
viii permit the questions proposed by the
district attorney 10 be asked him" lThe
questions referred 10 were; Ware VOL,
present when Carter was killed." did
you see Burch shoot him. WAS Carter
running at the time Burch shot hm?")
The jury vas brought back and the Wit
ness, w. N. Mayfield, Jr., was placed on
the witness stand. Judge Sinks Informed
him Of his ruling that he would not in
rrimirate him.
Mayfieid said with all due respect TO
you judge, I VIII not testify IN this case"
The court ordered him to jail and issued
Defendant excepted to the ruling OF the
court and also 10 the Judge committing
the witness In the presence OF the Jury.
Seth Mayfield was then put on the stand
and said II can not and will not testify"
ard Judge Inks ordered him To Jail.
fSame exception was made 1y defense as In
The commitment Of W. NJ Mayfield).
Court adjourned Until o'clock tomorrow