Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1907-02-19
DEFENDANTS ANSWER
IN POLL TAX CASES
a PLEA FOR A CONTINUANCE OF
THE CASES, oVERRuLED BY
THE COURT.

The Herald publishes the following
at the request of the defandants IN
the cases. It was the motion offered
by Attorney A. G. Greenwood for a
postponement of the trial, which mo-
ton was overruled by Judge Erwin.
and the cases ordered for trial today:
Now comes the defendant and
moves the court to postpone this case
until the regular term of the county
court, for the following reasons:
The affidavit in this case was filed
on the Sth day of February, 1907. The
defendant was arrested on the 18th
day of February. 1907, and the infor-
nation was filed herein on the 10th
day of February, 1907; that the reg
ular term of the county court was be
gun and holden on the first Monday
in January of this year and regular
drawn jury was present and in at
tendance upon said court for the first
two weeks thereafter; that all of the
criminal business was disposed of I'M
til the April term of court; that 1t has
been the custom and practice of the
county court to hold open its sessions
after the regular civil and criminal
business of the term is disposed OF
solely and only for the purpose of dis
posing of probate matters undisposed
of and for the convenience of members
of the bar and persons interested in
probate matters; that it has been the
custom and practice of the county
court of this county for more than
thirty years to make all criminal pro-
cess filed after the criminal business
of the term is disposed of, returnable
to the next term of the county court,
and these are the first cases, as aft
ant is informed and believes. in the
history of this county where defend
ants who were arrested in mid-term.
or after the criminal business of the
term was disposed of. have even been
set for trial in mid-term; that there
is pending in the city of Palestine at
this time a heated municipal cam
paign for the office of mayor of this
city; that the passions and prejudices
of the people are aroused to the high
est degree; that he is informed and
believes that leading citizens of Pal
estine, who are opposing the candi-
date for mayor favored by this de-
PENDANT, including John r. Heane
himself, who is the candidate oppos-
&h Mayor A. L. Bowers Favored by
defendant), have employed counsel at
large expense to prosecute him; that
the defendant does not believe with
the present state of the public mind
in the city of Palestine he could get
a fair and impartial trial at this time,
wherefore he respectfully asks that
these cases be postponed until the
regular term of the county court when
the passions and prejudices of the
people will have cooled, when said |
city campaign will be over and when |
justice may be done this defendant: |
that he is advised and believes that
in the court of inquiry which was held |
the witnesses who were summoned, |
arrested and forcibly taken before |
said court were inundated and CO.
creed, threatened, abused and thrown
in jail, and that this prosecution is |
based upon a complaint filed upon in |
formation and belief is result of |
this character of investigation: that |
he is informed and believes that there |
is nothing in the Terrell election law /
that demanded this investigation, and /
that said investigation was engender-
ed by and the result of the heated |
municipal politics of this city; that |
there does not appear upon the back |
of either the information or the aft I
davit the name of single witness
who is 70 testify against him; that
since his arrest as aforesaid he and /
his counsel have been doing all in /
their power to ascertain what would |
be the evidence against him in this
court, not knowing who the Witnesses
will be. as the same are not revealed |
by the affidavit or information, except
one found In the face of the affidavit
and information, and he has been un-
able to prepare his defense; that he
is informed and believes that there
exists in this city so great a prejudice
against him and such combination
of persons TO secure his conviction as
a result of the pending municipal