Shultz v. State

• Decision Date: 01 January 1855
• Citation: Shultz v. State, 13 Tex. 401 (Tex. 1855)
• Parties: JOHN SHULTZ v. THE STATE.
• Court: Texas Supreme Court

13 Tex. 401

JOHN SHULTZ

v.THE STATE.

Supreme Court of Texas.

1855.

Appeal from Galveston. The appellant was indicted on the 1st of May, 1845, for the murder of Matthew Jett. At the spring term, 1854, he was tried and convicted of murder in the first degree, and prosecuted this appeal.

The transcript, on appeal, commenced in the usual form recited “the following cause came on for trial, viz: The Republic of Texas v. John Shultz.” Then followed the indictment; capias without any return; entry of continuances, without repetition of the style of the case, until the spring term, 1854. At this term the district attorney filed a motion as follows:

+--------------------------------------------------------------------------+
                ¦The Republic of Texas,¦)¦No. 1.                                           ¦
                +----------------------+-+-------------------------------------------------¦
                ¦v.                    ¦)¦In the District Court of Galveston county, spring¦
                +----------------------+-+-------------------------------------------------¦
                ¦John Shultz.          ¦)¦term, 1854.                                      ¦
                +--------------------------------------------------------------------------+
                

And now comes the district attorney, who prosecutes for the State of Texas in this behalf, and says that the defendant, John Shultz, stands indicted for the killing and murder of Matthew Jett, a capital offense, whereupon the court is moved to order that a copy of the indictment be delivered to the said defendant, John Shultz, and that a venire facias be ordered in this behalf, returnable forthwith, by virtue of which the sheriff of said county shall summon thirty-six persons to serve as jurors, and that a list of the persons thus summoned as jurors be served upon said defendant.

J. C. MCGONIGAL,

District Attorney.

Then followed the corresponding order, and an order for the appointment of counsel to defend, without further style of the case, or statement of the name in which the proceedings were had.

Then followed the special venire facias, with the style required by the constitution of the State, viz: “The State of Texas, to the sheriff, &c., greeting.” It may suffice here to state that the style of the case remained the same throughout all the proceedings. There was a preliminary trial of the present sanity of the prisoner, which was found against the prisoner. No question was reserved upon it. The entry of the trial, after stating the style of the case, proceeded: “This day came the State, by the district attorney, the prisoner was brought to the bar, and the indictment was then and there read to the prisoner, and the said John Shultz being forthwith demanded,” &c.; after stating the defendant's plea of not guilty, and the impaneling of the jury, “who were duly elected, tried and sworn, well and truly to try, and true deliverance make between the State and the prisoner at the bar;” verdict of guilty in the first degree; motion for new trial overruled.

The entry of judgment commenced as follows:

+-------------------------------------------------------------------+
                ¦“The Republic of Texas¦)¦                                          ¦
                +----------------------+-+------------------------------------------¦
                ¦v.                    ¦)¦Indictment for the murder of Matthew Jett.¦
                +----------------------+-+------------------------------------------¦
                ¦John Shultz.          ¦)¦                                          ¦
                +-------------------------------------------------------------------+
                

The prisoner being convicted of murder in the first degree on a previous day of the term, was this day brought into court in charge of the sheriff, &c., &c. Whereupon, it is considered by the court that the verdict of the jury be approved; that the prisoner be condemned to be hanged by the neck until he is dead, and that he pay the costs of this prosecution. But, inasmuch as the prisoner has entered an appeal to the Supreme Court of the State, the sentence of execution is delayed until after the termination of the case in said court. And it is ordered that the prisoner be remanded to jail and be there safely kept until the further order of the court.”^a1 The name of the prisoner did not occur in this entry, except in the style of the case.

There was a statement of facts, as follows:

J. L. Briggs sworn. Was on a jury of inquest in 1845, foreman on the bodies of two men, who had evidently been murdered the night before; the one who was called Mr. Jett lay with his head in the saddle, his right arm partially extended, with a lariat around it. I would not be positive whether around the arm or leg; we found a ball hole right above the eye, that had evidently been put there by a gun or pistol, which extended to the back of the head and caused death; also skull broken, and his throat cut from ear to ear; a pistol, one barreled, lay there broken; it was some time before we could find the fragments; we did not find them all. We also found a razor. It was the physician's opinion that the pistol ball killed him. It was about three-fourths of a mile from Virginia Point, in the direction of Henry's, on the road. Two horses were in sight from Virginia Point, one of which, as I said, was fast to the man who was called Jett. Upon reflection, what I have called horses were mules; I call them all horses. I cannot say the pistol shown was the one. It was broken similarly. Jett was shot by a very large ball. The pistol appeared to have been broken from the blow on the head. The skull showed signs of a heavy blow. The appearance was that he had been dead but a short time. He was a man about as tall as I am; thicker set; darker complexion. His muscles were well developed, and he appeared to have been a very strong man. The manner in which the body lay, it was evidently done when he was asleep. I do not recollect whether any saddle-bags; or how his clothes were found; no money on the bodies; we examined them to see. I think it was in the fore part of January, 1845; started from here about 11 o'clock, and got back same day after night.

John Iams sworn. I was at Virginia Point when the circumstance occurred. All the way we knew who they were, they had papers in their pockets that had their names on--the names of Matthew Jett and Bateman. They were about a mile from Virginia Point, where we were. The first we knew of them, we saw the mules and did not know how they came to be there. The next we knew was Dr. Martin's coming down from the Brazos, along the road, and told us he saw two men, one of whom appeared to be partly alive, and the other did not move; saw blood; said they appeared to have been in a fight or something; did not get down to examine them, because his horse was shy. It was about sundown when he came to us. A servant went out immediately and returned and reported that one of the men was dead and the other was alive yet. We immediately got a little buggy wagon and went out, several of us. We took Mr. Bateman up and brought him to the house in a buggy; he is the one that was still alive; brought in their saddle-bags; found no money; don't recollect what the paper was, except a small memorandum book in Jett's pocket with his name in it. It appeared that their pockets and saddlebags had been previously overhauled; the papers lay scattered about. It appeared from the pallet as if three men had lain down. There were two mules fast to Jett's arm. Jett's head lay in the saddle on the ground. It appeared as if Bateman had run around after he was shot, followed by another person. It appeared to have been done while the dew was on, from the muddy marks of their feet on the grass. Jett appeared to have been struck in the head with a pistol. (Breech of pistol shown.) Looks like the one; it is something of the size. It was in the winter of 1845. I was there that morning, at Virginia Point; heard a man inquire in a strange voice, about daylight, whether the New York was in town and was to leave that day; saw him when I got up; he was holding a mule which he appeared to have been riding. The prisoner is the man; somewhat changed, but the same man. Saw the New York getting up steam. This man was very anxious to get over for fear the steamer would leave him. Tom Wright, the son of the captain of the steamer New York, was there at the house, and told Shultz that the steamer would not leave Galveston until he (Tom Wright) got over there, and that Shultz could go over when he did. Walked all morning in front of the house; refused to come in when invited; the morning was cool; Mr. Peasley, the proprietor of the place, asked him if he would not have breakfast; said he did not want any; would not take any coffee; cold enough to be a slight frost; remained there until 9 or 10 o'clock, when they got the ferry-boat off, and he went over in it. I have not seen him since until to-day. He gave his mule in charge of Mr. Peasley, to take care of until he should return from New Orleans. Saw mules at a distance in the morning. Spoke of going to them, but when discovered that they were mules with a glass, gave it out. Jett appeared to have been killed about two hours before day; could see from the mud on the grass where Bateman had been followed, that the dew had been on the grass when it was done. Found two silver watches in a buckskin bag; don't know whether in pocket or in saddle-bags. Did not appear to be in running order. Jett looked like a very stout, muscular man, dark complexion. This occurred in Galveston county. I was frequently in the house and frequently out while Shultz was there; always, when we noticed him, he kept looking back towards where we afterwards found the men murdered, and seemed very much excited. Bateman never recovered so as he could speak. Bateman died 1 or 2 o'clock that night we found him; was a stout man, light complexion, some slight gray whiskers; rather a stout short man; apparently 55 or 60 years of age, gray. I suppose Jett was between 25 and 30; dark...