The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-12-14
BROCKMAN HABEAS CORPUS CASE

stairs"
District Attorney Lea here arose and adj
ready 10 proceed.
Mr.. Lovejoy for the defense said II Mr.
Lea was going TO make any remarks no
wanted his client to he present.
The court said ANYTHING done without tho
presence OF the es,=A.d0nt would be void
ana Mr.. Lca said an eight he did rat olr
Ject. and Brockmsn was brought In lie
shook hands Win mis- attorneys and wnen
asked bow he felt said: "Sot very we'll:
this jail atmosphere is not very hraltny.
Mr.. Lea addressing the court said he
Enew nothing OF the application for the
wit OF hAbens corpus until late Thursday
tNenihg, and he was not conversanf cnoucl
Mlth Tue tt92ets now to 60 ahead with the
hearing, When court adjourned n dinnsr
he won't around to ind "a many witnesses
az possible, hut the majority Of them wee
attending the funeral of Officer James.
~ ,Iour honor lemembers. you said yoi
wmnia give mo time 10 get ~ the eeidrnce
All know NJ thu case I saw In he news
Iarols saw two or three witnesses here
ms morning; but being busy in the SEQ t
case rohlh dc nothing. This change Is
as much surprise to me- as 10 anybodg
ciSe md from what | nave sccn In ide
neMsnopers ,horA are two or three other
parties charged tho SAM way. These cas,s
nave been set down IN the Justice court 10
the next fen lays AZ uoon your honor 4
us cas- Tor 2 NJ, and was 20 uai
now ! teen stood. want to ssy that [
am as much In the dark now as ever OK
cent. what have seen In the newspapers.
wll ask you to ros pune the hearing w,
" some cate when can 90 into il intel.
hEcntly. During the short time Of the 10
cess did the best | could 10 see witness SEES
bNt saw only feg. ana | am not ready
J Only isk for reasonable time to looa
mo ne facts. and II th, facts 10 NOT sas,
tain the charge will he the nrsf 10 fle.
.mmend that the defendant be dismissed
' Wnlis appreciate the Importance Of a
slteaV hial to the defendant. say that
INC TIME granted the is not sufficient to
( prepare myself. and | ask for reasonable
ti'ne Tor the state to prepare It's cdse-if
thcy have case,
Mr. Lovejoy-If your honor please the
nalneo Of the witnesses In this case for the
| state aud for the defense were left here
ana handed IN 10 the clerk, ana the re.
moped
The names of Officers Wilmington and
Lee were called and they answered Ii L
M Mastin 5; Ehremnworih. r. A. Iuport
SID Preacher Mrs. Heard. Matt brennan.
{. d; Barrett and j. d. Proctor were also
Gnped, put as they were not sworn It was
| Impossible to say how many answered. nut
nor more than three or four responded.
continuing. MI Lnvejoy said The
witnesses who have not answered to the
! call are Witnesses fol the defense We VII
rlsH them not being here All the witnesse,
Tor The State are hero. We are ready
Why not themf | don't think the district
asttorncy is entitled 10 contiauance. As
the district attorney has cited the public
prints. ! WIN do the same The iustlr"
Who ISSUED the warrant against Brock n ,
sold nc did not think there would h, a go .
fltuon on the testimony. Anc now wan,
20 say that rs matter Of law. In this
State and every 9th ar state In the Union
NE attorney Ton Preacher had the right %
give him the advice 10 protest against going
tn Jail without a warrant. | want 10 say
right here that ! am net In this case for
me money mat Is IN II, because II is not a
question OF q Zee. and, further. because
my hrm Is not handling criminal cases mt
want 70 say that | am not here in the
interest OF AIR. HroCknan alone, hui every
man. woman and child IN he CITY of Hods.
ION. ! say this because the Issue raised
mere involves the question oG the linertr %
every citizen Of this community, and boy
should learn Of az early an hour rs posi-
be Of their rights. an rot. MS said
before. practic.ng criminal law. hut I came
here In this instance for the benefit of the
community 81 large We are ready to show
want TO go into this hearing thar this rom
! munity. which | know is naturally a law.
/ abidlng community, may know where the
are want the trnth to come out. !
| want the evidence and the factE laid bare
! thnt the passions Of an aroused populace
may recede"
Mr. Lea again addressed the court going
over thc ground thar he covered In his hrst
statement He said he did not propose :.
PREJUDICE anybody and had no feeling in the
lnatter except 10 investigate the facts,
not give him any moro right nor deprive
bin NJ any moro right than any other per
son under similar circumstances He citel
ne, me law relating to habeas corpus proceed
appointed shall he the earliest day when
the court can devote the time. consistent
with tho disposition Of other cases. Now,
said Mr. Lea. there are thirty or forty cases
on the docket In this court In which par
ties from other counties and other States
are Interested and submit that their con
thing here about the defendants counsel
saving the counsel for the prosecution hal
been Kind enough to 60 out and get wit
nesses In the case.
This was denied by Mr.. Loveioy. and Mr..
Lea said: You did, sir: YOU did state IT,
nj; l,oyeloy-lt you viii contain your
self will state
Mr.. Lea That's fayorIte remark or
yours-"if You're at yourself. Suppose
you he al Yourself?
Mr.. Loocjoy-I am not responsible for
Mr., Lca--I am glad am NOT responsible
for you.
Mr. Lea Well, II the counsel says he did
want 10 get through with this matter.
Loveioy-I tell You what you do. II
ron want continuance write II down.
swear 70 II and sign II ms nm officer Of this
court, naming the witnesses you haven't
got and II after hearing the evidence ynu
have the court thinks there should be adj
ditlonnl testimony send ou and get them
Mr.. Len-I decline TO do any such thing.
want time IN consider this case. | have
had three hours only, and that is not time
enough.
Turning to Mr.. Lovejoy, he asked: Have
vow ever, gotten ready in case Ike ~
MIR. Loveioy--Yes: I've gotten ready in
three minutes
Mr.. Lea again ask that this hearing
he postponed for 4 reasonable time for the
reasons before set forth.
The Court-This hearing must he had at
the earliest practicable time, The law so
saws and II will he n the hest interests
Of all 10 60 into II and get through with IT,
Brocl man has several cases hee, SUD in
Justice 10 his clients he should have 4
hearing and ascertain how the matter
stands,
Mr. Lea--I thought the conrt was srying
the case on its merits and moi on what
anybody had at stake.
The Court will give yop q half hour
IN consult with the witnesses you have
here. and II you need any others you can
send for them. and in the meantime let
the hearing 60 on.
Mr.. Lea--I refuse 10 accept.
The court-Ar right.
Mr.. Lea-You can appoint who you like,
hut
The CoUrt7-All right
Mr.. Lea-i am not prepared TO 20 into
this case. The laws Of Texss give nue. a
right 70 demand 2 coptnuance; and J say
as the representative here OF the stale Of
Texas that ! am not ready 70 proceed.
Just learned yesterday evening Of this mat
Ter. aud ! have he'd no time 10 ger ready