The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-05-05
INTERESTING CASE.
y AGAIN CONVICTED OF THE
siRpER OF SANS BROTHERS.
Convicted OF the Murder Years Ago,
|, secured His Release from Peni-
tenitary on a Technically.

sboro, Texas, May 3.-The case OF the
| ~ Texas VS.. $. w. Ogle (alias Mack
am which came to close Saturday.
~ In the district court. Is remark
81 without a parallel In Texas and
ns in the United States. A short re.
~ # Will prove interesting TO all
Il. and TO membcrs of the legal ira
y in particular.
,ha An of March. 1881, one of the
horrible murders that ever took place
* occurred In Hill county, about
niles northeast of IIillsboro., Allen
ADD william Sans had been lnIprov-
rl,ce on the Hllsboro and Files Val
lad They had gone to Waxabachie
amber and other material, and re-
n ON Friday night, March 4, 1881.
4 morning their mother, who is yet liv-
na testified in the case, saw the teams
ii wagons of her sons nearly a mile
from her home, where they had be-
tho erection of their improvements
@hccame apprehenslve that something
...ono ana on reaching the point Il
H. scene presented itself. Lying In
foot of the hind wheel of his
Tho dead body of Allen Sans lay
In ~ n crisp, his clothes all burned
kxcept patch about the SIZE OF a
q hand in the middle or MS pack
a nistol ball had entered. 1t went
OH the body, coming out at the center
hreast. His tongue was partly out
INF his mouth full of dirt and ashes.
boots were on his feet, the tops OF
we're scorched and burned. Thess
have been preserved ana were lhtIo-
in evidence on the trial, from the
,hmt there was, and Is still, visible a
'n or impression around each bootleg
half way up, the state contending
"A his legs were tied together WIN
" Tins producing this impression. Qther
sses testhed to smelling coal OIL on
II odv next morning. About 100 yards
q Alien Sans body and in northeast
tion stood the wagon and team OF
am Sans. william had gotten of his
~ and started across to the body OF
"a rother. and at about half way point
8een the two wagons ne was shot IN
Hlreast' producing, as il Is supposed,
q M death. inc circumstances in cyl.
tended to show they were killed
nm hour apsrt. Allen had reached
4ranch about an hour ahead of his
Bper William. The Sans boys were
witnesses against the defendant ana
Brother for the theft of cattle. Brown
IT. Ogle and Senate Ogle,e owned n
near Files Valley, about eight miles
Rea5t OF the Sans boys farm. inc
4 claimed that on their return from Il
4 weeks trip to Southern Texas these
A stonpcd at the Sans boys improve
"a and committed the murder. DINER
Ebarties testified to seeing them or per
Identical on the road that evening
a bunch of horses and one paint pony.
bmber of witnesses testined TO seeing
4 men and bunch of horses ana Il
"A pony pass the road at various points.
cribs of the Sans boys were nlied
a corn; the evidence shows that q
Der of stock was fed ON the ground,
81 being various corn piles scattered
nd When the murder was discoV
a great excitement followed. The
"a country was aroused. Ofhcers and
'&hs of men from Hin, Ellis and Ma.
counties secured the country and
Bundled the Brown and Sullivan ranch.
II Kennedy. who was Jointly charged
n the murders, was arrested on the
ay night following. 1t was year
he the other two. men were captured.
n was killed In Wise county while
ting arrest and sullivan was taken III
Pinto county. Sullivan was sent TO
8benltentlary. but made his escape and
1 subsequently killed resisting arrest,
said. Sullivan was tried here In lSS2
Hglven a ninety nine-year sentence. In
Ruhry or THIS year ne was released DIV
Eourt OF criminal appeals on the ground
there were thirteen men on the grand
that indicted him, but before he was
iarged County Attorney G. f. Green
filed complaint against him for
Ter; hence he was Immediately brought
here the present grand jury rein
pig him. 1t was just twenty years ex.
from the commission Of the murder
the present grand jury began another
ktigation of the offense. The trial OF
case began Monday, April %, the
room being well filled all the time.
Of the witnesses were past 10 years
NJ ge. They were here from different
+ Plies over the State, some very impor.
witnesses were dead and one of them,
Berry, Is In China and supposed TO
been In the massacre there recently.
Unity Attorney Greenwood closed the
nent at exactly D o'clock Wednesday
the trial lasting three days. The
brought In a verdict Saturday even
pr murder in the second degree with
years In the penltentary. Now, the
ION Is, what will the court of appeals
Ihey turned him loose because OF a
Indictment, thirteen men being on the
jury. The defense filed n plea of
er acqnlttal Of murder in the second
70 because the first Jury found him
or murder In the first degree. lie
nien plea Of former conviction as
degrees. Having suffered eighteen
conhnement In the penitentiary. he
nc can not he prosecuted again
resnlt In the higher court will Doubt
ne watched by people all over the
with much interest.