The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-05-30
BAUD PATRICK FULLY t

ExoNERATEDFBY-TExAs
The following of1ciaI documents Of
the State OF Texas snow the complete
ness of he ~vindication of Daud Pat
| rick:
The State Of Texas
VS.. sf1o.
Daud Patrick.
Motion by State to dismiss and rea-
IONS for same. Judgment of the
Court Sustaining said Motion.
From the District Court of Hill Coun-
ty, Texas.
The State OF Texas,
VS.. No. s11o.
Daud Patrick.
In District Court, Hill County, Texas.
Now comes the State by its County
Attorney, and moves IL Court to dis
miss the above styled and numbered
Cause for the following reasons, to-
wit:
The defendant is charged by indict-
ment with perjury and false swearing
making his affidavit as a witness for
witness fees in the case of The State
of Texas VS.. Jno. Bennett, wherein the
said Daud Patrick made his affidavit
in writing, among other things, that
he lived in Johnson County, six miles
North from Blum; that said statement
is alleged in the Indictment to be
false; it is further alleged that in
truth and il fact the said Daud Pat
rick did not reside in Johnson County
at the time he made said affidavit for
said witness fees, but resided in Hill
County, Texas, etc.; that said afida-
Wit is alleged to have been made be-
fore T. c.. Brannan, District Clerk of
Hill County, Texas; h State of Tex
as, through and by her County At
torney j.. E. Clarke. represents to the
Court that he has made a thorough
investigation of the case and is I'M
able to find any witness h will tes-
tify that the defendant resided in Hill
County, Texas at the time ne made
said affidavit, but on the contrary the
evidence as a whole shows that h
representations and statements made
by the said Daud Patrick il his said
affidavit that he resided in Johnson
County, Texas were true at the time
he made said statement; the said
County further finds as an undisputed
fact that said defendant did reside in
Johnson County, Texas at the home
of Henry Bennett, six miles from Blum
and that he went from said Henry
Benefits to HillsbOro, Texas, about
the time alleged in h Indictment, as
a witness in said Cause and that he
did not reside in Hill County, Texas,
as alleged in the Indictment.
WHEREFORE, said County attor-
ney says that there is no evidence av-
ailable to the State to sustain the al
legations in the Indictment, and he
therefore asks that this cause be dis
missed.
J. f. CLARKE,
County Attorney, Hill County, Tex
The State of Texas
VS.. No. s11o.
Daud Patrick.
Motion by State to Dismiss and reas-
ons for Same.
Filed May the 18th, 1907. R. E.
Hill County, Texas.
The State of Texas
VS.. s11o.
Daud Patrick.
In District Court Hill County, Texas.
May Term. A. D. 1907.
Be it remembered, That ON this the
18th day of May A. d. 1907, the State
of Texas, by and through ner county
Attorney, came into open Court and
moved the Court to dismiss the above
Numbered and entitled cause for the
reaso that there was no evidence
valuable to sustain the charge as al
legged in the Indictment heretofore pre-
scented and filed herein. The Court
having heard said motion and the
reasons presented and filed by the
said County Attorney. and having con-
sidered same, is of the opinion that
same should be granted.
1t is Therefore, the order and judg-
ment of the Court that laid cause,
wherein the State of Texas is Plain
tiff and Daud Patrick is Defendant,
be and the same is hereby il all
things dismissed.
1t Is Further Ordered, Adjudged and
decreed by the Court that the State
of Texas take nothing by her action
herein and that the defendant, Daud
Patrick, go hence without day.
The State of Texas, County of Hill:
/, r. E. Sparkman, Clerk of the Dis
trict Court within and for the County
Hill, State of Texas, hereby certify
the above and foregoing is a
true n correct copy of the Original
by State to dismiss and rea-
IONS for same in cause No. $40. The
State of Texas VS.. Daud Patrick, and
Judgment of the court sustaining
said Motion and dismissing said cause
as both appear of record in my Office
UNDER MY HAND AND THE
Seal of Said Court, at of
(SEAL) flee in Hillsboro, this May
18th, 1907.
r. E. SPARKMAN,
Clerk District Court Hill County, Tex.
Robert E. Sparkman, District Clerk,
Jno. S. Henderson, deputy: Office of
the Clerk of the District Court of
Hill County, Hillsboro, Texas, May
10Th 1907.
Mr.. a Patrick, F
Blum, Texas.
Wy a Mr.. Patrick
In this mail 1 am sending you, I'M
Ter separate cover, certified copies
# h original Motion for dismissal :
md reasons for same and the Judg- r
nent of h Court ON said Motion dis
the case against you in the
District Court of Hill County. Texas,
S e agreement yesterday.
the people here are very proud OF ;,
our vindication of the charge filed r
you n you will bear with you
n o u return to you Western home :
he good will and confidence of all con
lected with the Court in this County,
9 well aC the pond will and conf z