The Southwestern Historical Quarterly, Volume 66, July 1962 - April, 1963 Page: 412

Southwestern Historical Quarterly

Capt. Garrison at the head of a company of armed men. He halted
me and said: "Who comes there?" I answered: "Wright," and repeated
his inquiry; adding, "is that Capt. Garrison?" He answered in the
affirmative and asked what I wanted. I told him I was a police-man,
and he knew my business. "Well," said he, "if that is your business
here, you had better leave. We have wronged no person or property.
So I want you to leave, and if you desire to get away, you had better
go quick." I did leave quickly and reported to the commander at
Gainesville.
S. A. Blain sworn.
[WITNESS.] There are persons at large in the vicinity of Red River
where Capt. Garrison is reported to be by the prisoner at the bar.
Southern men have been ambuscaded and fired upon by them. I have
seen such persons; was nearby, in sight, when they fired upon and
killed Col. Wm. C. Young of this county. At that time we were hunt-
ing the body of James Dixon, who had previously been killed by
such persons.
Judge Waddell's Charge to the Jury.
THE STATE OF TEXAS
VS. FOR TREASON
JOEL FRANCIS DE LEMERON
The constitution of the State of Texas defines treason thus: "Treason
against the State of Texas shall consist in levying war against it, in
adhering to its enemies, giving them aid and comfort."
The Indictment charges; "that on the 3rd day of November, 1862,
the accused committed treason against the State of Texas, in the County
of Cook [sic], by then and there adhering to our enemies, the United
States of North America, and furnishing them horses, bridles, saddles,
blankets, guns, and ammunition in large quantities, and of great
value."
It further charges; "that he then and there joined a treasonable
association for the overthrow of the State of Texas." A mere con-
spiracy, or intention to adhere to the enemy, is not treason-actual
adherence must be proved. The Jury will weigh well the evidence in
this case, and must be satisfied that the association into which he
was sworn was treasonable, and for the overthrow of our State, and
that the accused entered it well-knowing that the object of the con-
spiracy was treasonable, and that he entered it voluntarily, and not
by compulsion. The evidence must further satisfy the Jury that the
accused actually adhered to our enemies, the United States, and did
furnish them the articles specified above, at the time and place
specified in the Indictment; and with a traitorous intent. And if you

412