logan
argued
decided
april
statement
justice
gray
four
indictments
numbered
record
sections
revised
statutes
copied
returned
grand
jury
january
term
district
northern
district
texas
sitting
dallas
district
eugene
logan
william
williams
verna
wilkerson
clinton
rutherford
conspiracy
injure
oppress
citizens
free
exercise
right
secured
constitution
laws
murder
committed
prosecution
conspiracy
forthwith
transmitted
circuit
indictment
averred
first
count
january
graham
county
young
district
charles
marlow
epp
marlow
alfred
marlow
george
marlow
william
burkhardt
louis
clift
citizens
power
custody
control
edward
johnson
deputy
marshal
district
virtue
writs
commitment
commissioner
circuit
district
default
bail
answer
indictments
offense
laws
larceny
indian
country
within
exclusive
jurisdiction
said
johnson
held
power
custody
control
pursuance
said
writs
defendants
divers
persons
whose
names
grand
jurors
aforesaid
unknown
combine
conspire
confederate
force
arms
injure
oppress
said
charles
marlow
epp
marlow
alfred
marlow
george
marlow
william
burkhardt
louis
clift
citizense
america
free
exercise
enjoyment
right
exercising
enjoying
said
right
secured
constitution
laws
right
protected
said
deputy
marshal
assault
defendants
persons
right
held
power
custody
control
said
deputy
marshal
virtue
said
writs
heretofore
set
forth
right
said
custody
secure
persons
bodily
harm
injury
assaults
cruelties
discharged
due
process
laws
defendants
pursuance
combination
conspiracy
prosecution
thereof
january
went
upon
highway
disguise
waylaid
assaulted
said
prisoners
power
custody
control
said
deputy
marshal
loaded
shotguns
revolvers
winchester
rifles
pursuance
prosecution
conspiracy
feloniously
willfully
malice
aforethought
deliberate
premeditated
design
effect
death
weapons
kill
murder
epp
marlow
peace
charging
murder
due
technical
form
form
statute
case
made
provided
peace
dignity
america
counts
indictment
substantially
similar
except
alleged
prisoners
custody
thomas
collier
sheriff
jailer
young
county
writs
commitment
commissioner
alleged
alfred
marlow
person
murdered
charged
one
defendants
principal
others
accessories
murder
indictments
substantially
like
indictment
added
john
levell
phlete
martin
defendants
besides
counts
like
indictments
omitting
however
charge
murder
contained
counts
alleging
conspiracy
obstruct
jailer
execution
writs
commitment
pursuance
thereof
attempt
take
prisoners
jail
january
murder
highway
january
five
indictments
returned
grand
jury
february
march
transmitted
circuit
logan
martin
persons
four
indictments
containing
charges
various
forms
like
added
counts
indictment
october
term
held
graham
following
proceedings
took
place
october
district
attorney
moved
nine
indictments
consolidated
tried
together
charged
cognate
kindred
crimes
presented
parts
phases
transaction
defendants
opposed
motion
indictments
set
forth
offenses
different
grades
framed
different
sections
statutes
different
penalties
procedures
motion
granted
indictments
consolidated
title
consolidated
defendants
excepted
october
defendants
several
indictments
presented
order
consolidated
prosecuted
case
docket
said
charging
said
defendants
conspiracy
injure
oppress
charles
marlow
others
free
exercise
enjoyment
rights
secured
constitution
laws
move
quash
said
indictments
dismiss
prosecution
following
reasons
said
indictments
found
presented
grand
jury
january
term
district
northern
district
texas
holding
session
dallas
allegations
said
indictments
show
offenses
therein
charged
committed
subdivision
said
district
offenses
committed
cognizable
alone
term
district
circuit
held
graham
said
young
county
therefore
without
jurisdiction
said
indictments
charge
defendants
conspiracy
injure
oppress
charles
marlow
others
named
said
indictments
free
exercise
enjoyment
right
secured
constitution
laws
right
protected
deputy
marshal
whose
custody
process
said
indictments
bad
right
therein
alleged
secured
said
persons
constitution
laws
therefore
jurisdiction
said
indictments
charge
offense
laws
within
jurisdiction
show
upon
face
allegations
thereof
offense
committed
laws
state
texas
courts
said
state
exclusive
jurisdiction
overruled
motion
quash
indictment
defendants
excepted
october
district
attorney
moved
order
set
aside
former
order
consolidation
far
separate
five
earlier
indictments
confirm
consolidation
indictments
sever
levell
martin
defendants
order
consolidated
case
stand
trial
logan
williams
wilkerson
rutherford
made
order
accordingly
except
williams
case
continued
application
consent
district
attorney
order
exception
taken
defendants
logan
wilkerson
rutherford
severally
pleaded
guilty
trial
resulting
november
verdict
jury
find
defendant
clinton
rutherford
guilty
jury
agree
eugene
logan
verna
wilkerson
approved
verdict
ordered
recorded
also
ordered
rutherford
discharged
indictment
logan
wilkerson
stand
committed
custody
marshal
order
february
term
held
graham
motion
district
attorney
ordered
consolidated
consolidated
indictment
numbered
found
grand
jury
district
graham
october
forth
transmitted
circuit
charging
collier
johnson
levell
marion
wallace
samuel
waggoner
william
hollis
richard
cook
five
others
named
including
logan
conspiracy
pursuance
thereof
attempt
kill
january
murder
january
exception
taken
order
motion
district
attorney
suggesting
deaths
williams
collier
indictments
dismissed
remaining
defendants
indictment
several
indictments
consolidated
made
motion
quash
second
third
grounds
stated
former
motion
quash
motion
overruled
defendants
excepted
overruling
motion
pleaded
guilty
logan
wilkerson
filed
special
plea
jeopardy
offense
october
term
tried
upon
indictment
murder
conspiracy
jury
said
jury
legally
drawn
impaneled
sworn
hearing
evidence
argument
counsel
charge
retired
consider
verdict
said
jury
retirement
forty
hours
announced
open
unable
agree
defendants
thereupon
motion
without
consent
defendants
either
discharged
said
jury
consideration
case
remanded
defendants
custody
marshal
fully
appear
reference
copies
said
verdict
order
entered
thereon
hereto
attached
defendants
state
existed
law
fact
emergency
hurry
discharge
said
jury
said
discharge
demanded
ends
public
justice
purpose
motion
special
plea
defendants
aver
charge
circuit
northern
district
texas
graham
october
term
jurisdiction
power
try
determine
said
cause
annexed
plea
copies
verdict
order
thereon
stated
plea
district
attorney
filed
exception
nature
demurrer
ordered
exception
sustained
plea
held
naught
order
logan
wilkerson
excepted
order
motion
district
attorney
johnson
five
others
indictment
severed
defendants
leaving
case
proceed
logan
wilkerson
levell
wallace
waggoner
hollis
cook
copies
indictments
indorsed
names
witnesses
upon
whose
testimony
found
grand
jury
delivered
defendants
therein
two
days
trial
list
witnesses
produced
trial
proving
indictment
delivered
defendants
case
called
trial
government
announced
ready
defendants
suggested
facts
moved
required
proceed
lists
furnished
overruled
motion
defendants
excepted
impaneling
jury
district
attorney
leave
put
jurors
summoned
question
conscientions
scruples
regard
infliction
death
penalty
crime
answered
conscientious
scruples
thereupon
challenged
cause
defendants
time
objected
jury
nothing
penalty
passes
alone
upon
guilt
innocence
defendants
one
disqualifications
jury
service
laws
defendants
unlawfully
deprived
service
said
jurors
regularly
drawn
summoned
special
venire
heretofore
issued
herein
triors
cause
overruled
objections
defendants
excepted
trial
witness
whose
names
indorsed
either
indictment
called
sworn
testify
behalf
government
witnesses
defendants
objected
testifying
neither
names
list
containing
names
delivered
defendants
two
days
trial
defendants
objected
ground
proceeding
case
called
trial
overruled
objection
admitted
witnesses
testify
material
facts
necessary
prove
indictments
make
case
government
defendants
excepted
phlete
martin
one
spear
offered
witnesses
government
shown
certified
copies
record
produced
exhibited
convicted
sentenced
felony
martin
convicted
superior
iredell
county
state
north
carolina
felonious
homicide
sentenced
august
imprisonment
six
months
county
jail
served
sentence
spear
convicted
district
tarrant
county
state
texas
two
larcenies
felonies
law
texas
sentenced
january
two
terms
imprisonment
two
years
served
sentence
government
offered
read
evidence
full
prociamation
pardon
offenses
issued
spear
governor
texas
may
defendants
objected
two
witnesses
testifying
laws
texas
incompetent
testify
virtue
express
statute
offenses
convicted
infamous
crimes
incompetent
testify
held
within
state
texas
defendants
objected
proclamation
pardon
issued
governor
texas
spear
said
pardon
issued
served
full
time
required
said
judgment
sentence
facts
called
testify
came
knowledge
said
judgment
conviction
sentence
issue
said
proclamation
pardon
said
proclamation
pardon
retroactive
effect
rendering
said
witness
competent
testify
facts
came
knowledge
incompetent
testify
overruled
objections
admitted
testimony
witnesses
material
facts
afterwards
instructed
jury
competent
convictions
sentences
affected
credibility
defendants
excepted
admission
evidence
instruction
thereon
government
introduced
evidence
tending
prove
following
facts
shortly
october
term
district
nerthern
district
texas
held
graham
four
marlows
named
indictment
one
boone
marlow
five
brothers
arrested
warrants
issued
commissioner
circuit
complaints
charging
larceny
indian
territory
within
exclusive
jurisdiction
term
indicted
offense
enlarged
bail
went
live
farm
young
county
miles
graham
known
farm
afterwards
december
sheriff
county
deputy
collier
went
farm
arrest
boone
marlow
capias
state
answer
charge
murder
without
showing
warrant
collier
fired
pistol
fired
collier
missing
killed
sheriff
killing
sheriff
caused
great
excitement
young
county
much
resentment
part
friends
marlows
boone
marlow
escaped
appear
four
marlows
put
county
jail
citizens
surrendered
bail
committed
jail
edward
johnson
deputy
marshal
writs
commitment
commissioner
directing
answer
indictments
larceny
night
january
body
men
armed
partly
disguised
entered
jail
surrounded
steel
cage
four
marlows
confined
attempted
enter
resisted
marlows
one
mob
knocked
injured
finally
withdrew
without
actual
violence
prisoners
january
dark
johnson
undertook
remove
marlows
burkhardt
clift
imprisoned
like
commitments
jail
adjoining
county
six
prisoners
shackled
together
two
two
alfred
charles
epp
george
burkhardt
clift
irons
riveted
around
one
leg
connected
chain
placed
hack
driven
martin
county
attorney
johnson
defendant
wallace
two
men
armed
followed
another
hack
defendant
waggoner
another
man
also
armed
accompanied
buggy
three
vehicles
close
order
gone
along
highway
two
miles
graham
attacked
near
run
called
creek
large
body
men
armed
disguised
opened
fire
upon
prisoners
martin
guards
league
attacking
party
four
marlows
spite
shackles
immediately
dropped
hack
wrested
arms
either
guards
assailants
defended
killed
two
mob
wounded
others
finally
put
rest
flight
johnson
wounded
guards
also
fled
alfred
marlow
epp
marlow
killed
two
marlows
severely
wounded
succeeded
freeing
brothers
dead
bodies
took
possession
hack
surviving
marlows
met
burkhardt
clift
made
way
neighboring
village
thence
denson
farm
following
day
collier
new
sheriff
county
one
defendants
case
died
trial
went
denson
farm
large
body
men
collected
purpose
recapturing
two
surriving
marlows
met
sheriff
neighboring
county
whose
aid
summoned
declined
learning
facts
case
interfere
matter
marlows
refused
give
one
except
marshal
one
morton
deputy
violence
offered
collier
body
men
kept
guard
near
house
days
arrival
morton
remonstrance
part
collier
took
marlows
custody
removed
dallas
afterwards
tried
acquitted
charges
trial
present
case
principal
question
fact
defendants
connection
conspiracy
charged
indictment
evidence
case
tending
show
johnson
lying
wounded
home
fight
assented
solicitation
defendants
publication
newspaper
statement
logan
one
guards
dry
creek
night
january
government
purpose
contradicting
johnson
independent
evidence
logan
took
part
fight
guard
one
mob
called
several
witnesses
prove
declarations
johnson
made
fight
night
others
days
logan
guardon
night
meant
go
guard
excused
going
must
person
informed
mob
intended
guard
night
meant
objected
admission
evidence
among
grounds
declarations
made
logan
presence
made
crime
committed
conspirators
separated
judge
overruled
objection
admitted
evidence
defendants
excepted
admission
also
admitted
like
objection
exception
defendants
testimony
declarations
collier
hollis
persons
known
witnesses
made
night
fight
escape
marlows
collier
hollis
others
pursuit
stopping
houses
way
get
persons
join
made
following
day
funeral
one
conspirators
elsewhere
logan
present
fight
guard
wounded
two
surviving
marlows
permitted
testify
behalf
government
burkhardt
clift
escaping
hack
fight
charles
marlow
told
companions
believed
logan
man
shot
shooting
fight
defendants
objected
evidence
declarations
made
absence
hearsay
excepted
admission
defendants
requested
judge
instruct
jury
matters
alleged
indictments
proof
made
constituted
offense
laws
therefore
return
verdict
guilty
judge
refused
instruct
jury
instructed
follows
citizen
committed
custody
marshal
state
jail
process
issuing
one
courts
held
default
bail
await
trial
criminal
charge
within
exclusive
jurisdiction
national
courts
citizen
right
constitution
laws
speedy
public
trial
impartial
jury
tried
discharged
due
process
law
right
said
constitution
laws
treated
humanity
protected
unlawful
violence
deprived
ordinary
means
defending
protecting
instruction
well
refusal
give
instruction
requested
defendants
excepted
judge
defined
crimes
charged
conspiracy
murder
prosecution
conspiracy
submitted
jury
questions
whether
defendants
guilty
conspiracy
whether
guilty
murder
also
many
rullings
instructions
excepted
trial
omitted
statement
passed
upon
april
jury
found
defendants
logan
waggoner
wallace
guilty
conspiracy
charged
indictments
guilty
murder
acquitted
defendants
thereupon
ordered
adjudged
defendants
discharged
logan
waggoner
wallace
guilty
conspiracy
charged
indictments
sentenced
pay
fine
imprisoned
term
years
ineligible
office
place
honor
profit
trust
created
constitution
laws
june
sued
writ
error
act
march
garland
may
kearby
plaintiffs
error
atty
miller
sol
tatt
asst
atty
maury
justice
gray
stating
facts
foregoing
language
delivered
opinion
plaintiffs
error
indicted
sections
revised
statutes
conspiracy
murder
prosecution
conspiracy
convicted
section
conspiracy
injure
oppress
citizens
free
exercise
enjoyment
right
secure
assault
bodily
harm
protected
unlawful
violence
custody
marshal
lawful
commitment
commissioner
circuit
trial
offense
laws
section
revised
statutes
two
persons
conspire
injure
oppress
threaten
intimidate
citizen
free
exercise
enjoyment
right
privilege
secured
constitution
laws
exercised
shall
fined
five
thousand
dollars
imprisoned
ten
years
shall
moreover
thereafter
ineligible
office
place
honor
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trust
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principal
question
case
whether
right
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custody
marshal
lawful
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lawless
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right
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whether
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several
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presented
record
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defendants
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quash
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indictment
ordinarily
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generally
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rosenberg
wall
hamilton
sup
motion
case
appears
intended
understood
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according
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louisiana
texas
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judge
refusal
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jury
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jury
upon
question
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said
chief
justice
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great
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mcculloch
maryland
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