The Greenville morning herald. [volume] (Greenville, Tex.) 1890-1956, 1910-06-02
SEAY HOLDS WITH STATE
(conlInuod From FIrst pagel


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that there was anything out Of place
in the state troops obeylug orders and
being at the Fair grounds on the day
OF thc aomjcidc certainly hold tuat
tile suldicr3 woro d overly There 10
perform the duty OF he PING TO control
the Immense crowd ana protect the
persons aud lives o the people In gen.
eial, and the president In part cular
The record in this case shows thar
ihc soldie as a body. ANA The udi
yiduals OF the body except Mpuley,
performed thoir duty well ana deserve
commcndation for &c. As to whether
there should he state troops or nor.
every citizen has right to his opin.
on. but as matter of law, the aues-
ton is settled. but la this case thero
is no use or reason iu claiming that
he soldiers are charged with anything
1r are on trial No one ls ON trial eN.
opt Manley.
AS understand Che real cont NJ.
.ou presented by counsel, il is uI,.
,owed down to one point The state
ontends that when the reiator form.
N the design to XIII aud stabbed tho
i ceased with buyoneJ and killed
aim, that his mind was sufficiently
DOL, calm ana deliberate to under
sand aud appreciate The nature and
consequence OF his acts, hence tho
,dllng was upon express malice aal
murder in the mst degree.
The relator, on the otbcr hand,
contends that the killing, at most. wos
upon sudden. rash Uncomfortable
impulse when the mind was not copL
5cdate and deliberate enough to show
Xpress malice, and hence ihe Killing
,ould not be more than upon implied
malice; therefore, murder il, tine sec.
ond degree.
1T is not proper for tho court to
discuss the facts. and the court haB
no desire to do 80.
q hold with the contention of the
state and remand the relator without
bail"
Sergeant Manley today expressed
the conviction that the court of crlm,.
ual appeals would reverse the decision
of Judge Say Both sides OF tho
matter were l,eenly discussed" said
Manley today 81 believe ON the ey!-
dence submitted that the higher court
viii decide thai the indictment chare
ing mui der in the FIRST degree Va
wrong We have several Witnesses
not placed ON the stand during th4
hearing that win testify when the case
goes to trial The testimony of these
witnesses viii throw an entirely new
light on the affair You must take in
to consideration that this is the first
case of the kind ON record In Che
state, and. from the statement OF
Judge Seay, | believe he is anxious d
secure a decision OF the count of Grim
nal appeals I have nothing 10 say
relative to the affair since my counsel
has seen fit not to put mo ON Tia,
stand expect a reversal
in refusing n bail for Sergeant Mai
ley the court holds that the killing
of Richensteln was murder In TIC
first degree. aud, in addition to that
that the jury viii give Marley tn,
death penalty,
1t is generally believed that over
effort will be made by the defens,
to carry the Mnnley case into the Fed
eral courts. basing their grounds fo
this move the decision OF the supreme
court of the United states In the fam
Gus Nagel case. in which the defend
ant, United States Marshal Nagel. wa
charged with murder for the killing o
Judge Terry after the latter hat
made an assault ON chief Justice Fich
The court held that Nagel, hayiu
been instructed TO act as Il bod
guard to Chief Justice Field, Fedel
al officer. should be tried in the Fed
eral courts, The decision contend
that Manley, being member Of III
National Guard aud having been cal
ed out on October %, 10 serve as
body guard to President TAFT was ac
ing as a Federal officer and therefor
should be- tried in Federal cour
Should the court Of criminal appeal
hold with Judge Il g. Scay II rs dc
clarod that the defense win take q
appeal to the supreme court for d,
cision