Ex Parte Taylor

• Decision Date: 12 June 1895
• Citation: 31 S.W. 641
• Parties: Ex parte TAYLOR.
• Court: Texas Court of Criminal Appeals

31 S.W. 641

Ex parte TAYLOR.

Court of Criminal Appeals of Texas.

June 12, 1895.

Application on the part of T. C. Taylor for writ of habeas corpus.

Baker & Prendergast, for applicant.Mann Trice, Asst. Atty. Gen., for the State.

DAVIDSON, J.

It appears that, sitting in chambers on the habeas corpus hearing of the charge against Crockett King and others for the murder of Ed Cash, Hon. L. W. Goodrich, judge of the Nineteenth judicial district of the state of Texas, at Waco, Tex., on the 26th day of June, 1894, entered an order discharging all of the parties charged, except one; that thereafter, on July 3, 1894, the People's Voice, a newspaper published in Gatesville, Coryell county, Tex., in which county the murder of Cash was alleged to have been committed, published an editorial criticism of the proceedings on the said habeas corpus hearing, severely arraigning the action of the said Hon. L. W. Goodrich, judge of the said district, on said hearing; that on the 6th day of July, 1894, the said Hon. L. W. Goodrich, judge aforesaid, caused to be entered an order for attachment, etc., of the persons of J. L. Goodman, for publishing, and T. C. Taylor and J. H. Arnold, for inciting and causing said publication; that, under said order, attachment was issued, and the parties attached, including the relator, were produced in court, before Hon. L. W. Goodrich, on July 9, 1894, to answer, in the terms of the attachment, showing cause why they should not be held in contempt because of such publication,— the respondents Taylor and Arnold answering, and denying under oath that they, or either of them, incited or caused the said publication, or had knowledge of said publication until it was seen by them, respectively, in the newspaper aforesaid, and each pleading to the jurisdiction of the court in the premises.On the hearing, on the same day, under this attachment, the respondents were held in contempt; and a fine of $100, with imprisonment for three days in the county jail, was imposed upon Taylor and Goodman, and a fine of $25 was imposed upon Arnold, and each of the respondents was committed to the custody of the sheriff for the enforcement of the penalties.Inferentially, it appears that on the same day— July 9, 1894—the governor of the state of Texas, by telegraph, directed the sheriff of McLennan county to suspend the enforcement of the judgment rendered.It appears affirmatively that on the following day—July 10, 1894—the governor, by proclamation,...