The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-06-17
THE "HIP POCKET LAW
Appears to Have Received . Backset st
Last.
THoapSovs FAMOUS CHARGE TO JURORS
Was Sustained by the Court If Grim
inal Appeals In Three MUIR
der Gases.

Richmond, Texas, June 16--Judge Wells
Thompson, at the March term OF the dis
triet court here. introduced a new and
novel practice In the criminal proceedings
OF this county, and his action In the mat
ter was not disturbed by the cour, OF
criminal appeals in the cases OF Frank
Furiow VS. the State, Alex Holt vs.. tho
State and Lewis Jones VS.. the State, all
OF said defendants being convicted at the
March term OF the court and given terms
In the penitentiary as punishment.
On the Monday morning that the GRIM
innl docket was taken up by Judge
Thompson he called the full panel OF tho
jurors for the week before him aud in
formed them after swearing them In as
Jurors, that he had few instructions 10
give them as to their duty assjurors. and
in lengthy address gave 10 them In
stiuctions which the mass Of the people
commend him for but which failed 10
take so well With the criminal lawyers.
liis Instructions were in substance as
shown by bill OF exceptions to be the
/ following:
II want to call your attention TO .he
law about reasonable doubt which is fire.
quently urged and which In most cases
that VIII come before you Is urged as u
defense to crime. Now, what is meant
by reasonable doubt--and | give you this
charge now because the law restricts me
from giving IL 10 you IN particular cases
as they arise-is not any mere suppose
ton but is one that arises from the en-
tire case, and is founded upon the evil
dence in the case, Shrewd lawyers fire.
Quenuy urge and represent to Jurors IN
the trial OF cases that II there Is amy
doubt that the defendant should be ac-
Quilted and urge the OLD old saying
that II Is better that ninetynipe guilty
men escape than that one innocent man
be convicted and upon this doctrine and
upon this suppOsitlon thousands OF guilty
criminals have been turned loose In this
State | don't think ever saw an inno-
cent man convicted we near OF mem;
and read of them in the newspapers aud
in books, but like the bag Of gold at the
end OF the rainbow, when you approach
them they vanish.
Nov belieye-and I believe that
every right thinking man believes Wild
me--that II Is better that an innocent
man be convicted than tt Is that ninety
nine bloody murierers thieves ana TOD
hers be turned loose on the community
4 oThie doctrine OF reasonable doubt 81
urged by shrewd lawyers In this state, ha'
no application and should have no weight
a Sow. there Is another defense fire.
p qucnly urged by shrewd lawyers as
defense for crime In This Sta.e, and tha
As what is called the hip pocket play,
q There is a case styled State of Texas ys
i Hoobach. by Roberts, in which 1t is de-
4 cided to be tho law that you must look a
o. the defendants case from his own stand
point and there has come up what ID
81 generally known as the HIP pocket de-
4 Tense which has been the means OF turn
r ng thousands OF criminals aloose in thi'
STATE. A defendant comes into court anC
makes proof that the wounded man o.
deceased put his hands behind him, whel
q case OF this kind comes before you, SIT
n and see whether It is bona fde dc
Tense, and II on the trial Of the case th'
=, testimony develops that the injured Of
deceased party did not have a pistol OF
n him AT tho time It should raise In th'
i minds Of the jurors that II was hcttlou'
defense, and If Il is found that he did no
. have a weapon. then IN my MIND II IS
y, false defense and should be disregardec
y hy you: but II the jury finds that In
" case Ike this the wounded or deceased
10 man was armed al time, then this would
he a good defense But you as Jurors have
e tho right aud n is your duty when this
y hin p-cipt defcrse is put up to disregard
+ H. altogether and IT is your duty when
II develops that the deceased or injured
party was uuarmed at the time to disre-
gard H.
our laws are intended for the P@otec-
lion Of society. and while they do not ain
= al the conviction Of the innocent yet II
Is Of The highest Importance to you and
Ii 10 me that The guilty do not escape
"a through the Influence Of such sophistry
as this which in the great majority OF
%. cases when urged as a defense Ike the
o hin pocket defense 10 homicide cases, "a
!. which have just called your attention, Is
II a manufactured and fictitious defense,
r. and whenever the Jurors see such de-
IS Tense raised 10 shield the guilty criminal
70 # is not only their prerogatlve as Judges
a 81 80 facts proven, but also their duty
a 10 disregard # altogether. II perchance
y an innocent man is convicted he can APP
peal to the higher courts and get his case
rghted,
II charge YOU 10 recollect and be guided
by these general instructions Just given
> you, and | hope that your conduct as
Jurors will conform TO them, and II you
4 are guilty Of any improper conduct. that
the one OF the ones so guilty will be hned
In sum not less than 500, and it won't
be RENTED either
n HEARNE- Several train loads Of stock
49,. onpa North via the Central