The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1911-02-14
TRY BURRELL OATES HERE
NOTED MURDER CASE COMES
TO ELLIS COUNTY ON
CHANGE OF VENUE.
Tried Five Times ut Dallas ana NV
en- Four Death Sentences.
Hung Jury in Last
Trial.

The noted Burell Oates murder
case which has been pending in the
criminal district court at Dallas
nearly seven years is to be tried in
the district court of Ellis county
change of venue transferring the
case to Ellis county was granted by
Judge r. B. Seay of Dallas Monday
morning. 1t is said that before the
order was entered County Attorney
Clark and Sheriff BrandenDurg
agreed to the change of venue oates
will probably be brought TO the Ellls
county Jail within the next few days
1t is expected that the transcript IN
he case will be sent from the district
clerk of Dallas county to the district
Jerk of Ellis county in time for the
ase to be tried at the coming term
If court. which convenes the fourth
Monday in this month
The case of Frank McCue, who Is
,harged with killing Earl Mabry, a
Young white man, in West Dallas
two or three years ago, was transfer
ferd by Judge Seay to the district
court of Collin county. McCue Is
now an inmate of the Ellis county
;ail He has been here several
months. having been brought mere
when work of repairing the DallaS
tail was commenced Mabry's dead
body was found near the Texas ana
pacific trestle over the Trinity river
at Dallas with the skull fractureu
and seventeen knife wounds in var
ions narts of the body, When McCue
was arrested in connection win 'ne
killing of Mabry a change OF venue
was secured to Tarrant county
where two or three mistrlais resui'
id Later the county attorney us
missed the charge against Mcoue
and secured his reindictment at Dal-
las.
The case against Burrell Oates Is
said bv LAWYERS to be one OF the hlos'
ever tried in the state
If Texas Oates has been tried nNe
ines at Dallas, four of the Jurles
.nntencing him to death and tne
fifth one not being able to arrive at
verdict. A jury for the sixth trlai
was impaneled and the tnal gone
nto when the presiding Judge t"o
If the Jurors and the defendant be-
came sick and the trial had TO De
discontinued.
Oates, who is negro, is charged
with murder in connection with the
killing of Sol Aronoft. Nov. 20
1904 Aronoff ran a small store in
| Dallas, on Houston street, ane
| the killing occurred in his place o
! business.
When a reporter called at the Jai
Tuesday morning McCue had already
learned that his case had been trans
ferred to Collin county. When asked
if, this arrangement was agreeable
with the change.
IL prefer being tried in any couh-
ty in the state to Dallas county, he
said. The prejudice there is, too
great against me for me to think OF
getting a fair trial believe the Col
lin county jury will give me fair
and impartial trial and that it will
result in my acQuital. | feel hopeful
that my innocence will be establish
ed and that verdict of not guilty
will be returned ! was tried three
times in Fort Worth. In each trial a
majority of the jury favored my ac-
quital.
McCue has been in jail three years
and nearly five months since his ar
rest for killing Mabry,
He was asked what he thought Of
the transfer of the Oates case to Ell
lis county, and said
II feel sure the negro will get a
fair trial here. There are some nigh
ty good people in Ellis county. The
officers will find after Oates is
brought here that he will prove a
model prisoner"
McCue has not been advised as to
when he will be taken from the jail
here to Mckinney, but he will prob
ably be permitted to remain here un-
til short time before the case is
filed on the docket of Collin county
II Had Eczema