15 Mar 1882

The State of Texas

No. 323 - vs-

Wm. Bobo, et al

This cause being this day called for trial came the district attorney and by his

written motion filed in this cause prayed leave of the court to dismiss this cause for

the reason that the offense of murder charged against the defendants by the

indictment in this case was committed in the county of McCulloch in the State of

Texas; which motion after being duly heard and considered was by the court

granted.

It is therefore ordered by the Court that this cause be dismissed.

Thereupon this cause came on to be heard before the Judge of this Court upon a

Writ of Habeas Corpus granted on the petition of defendant Wm. Bobo, and the

Judge having heard the evidence and argument of counsel is of the opinion that the

District Court of San Saba County, Texas has not jurisdiction of this cause because

it appears from the evidence that the offense charged in the indictment under which

said defendant is held in custody was committed in the county of McCulloch, State

of Texas, and it further appearing from the evidence to the court that here is

probable cause that the defendant Wm. Bobo is guilty of the offense of the murder

of one _______Wainwright committed in said McCulloch County, -

It is therefore ordered by the court that the defendant Wm. Bobo be and he is

hereby required to enter into bond in the sum of three thousand dollars conditioned

that he make his appearance before the Hon. District Court to be holden in and for

the County of McCulloch State of Texas on the third (3d) Monday in March, 1882,

there to await the action of the grand jury of said county to answer to any

indictment that may be preferred against him for the offense of murder and in

default of said bond that he be held in custody by the Sheriff of said San Saba

County Texas and by him taken to the jail of said McCulloch County for safe-

keeping to answer said charge of murder at said court.

22 Mar 1882 McCulloch County

The original case, cause no 155 State of Texas vs William Bobo, was filed before a O Cooley Judge 33rd Judicial Dist. This record is three pages long and the handwriting is very, very bad and impossible to read verbatim, however, it appears that this is only the original case filing.

22 September 1882 McCulloch County

The State of Texas

Vs

Wm Bobo

Cause No 155

In this cause now comes the District attorney and says that he cannot safely go to

trial at this time of the court because of the absence of Eugene Williams a material

witness for The State, who reside in the County of Coleman, State of Texas, a

distance of about 40 miles from the courthouse of McCulloch County, Texas.

Said witness is dodging the process of this cause and endeavoring to avoid

testifying in this cause.

So the Dist Atty is informed by other witnesses in this cause that said witness

resides near the line of McCulloch County, Texas and was present and testified at

the Dist Court of San Saba County at the March term 1882 on Deft’s application for

void of Habias Corpus on this charge of murder that at the last term of this court

after presentation of the indictment the Dist Atty demanded of the clerk of this

court process necessary to secure his attendance that on the 18th day of September

1882 the clerk of this court at request of Dist Atty issued for said witness an

attachment directed to the Sheriff of Coleman County, Texas and as issue day

forwarded the same by due course of mail postage prepaid to the ? to said Sheriff

commanding him to seize said witness and have him ? before this court to testify at

this time in behalf of the State in this cause. That said attachment has not been

returned to this court though ample time has elapsed to same and returns same but

owing to the dodging of said witness the same cannot probably be executed.

That on yesterday another attachment for said witness was issued legally from

this court directed to and placed in the hands of a Deputy Sheriff of McCulloch

County for said witness who at-once preceded to execute the same if possible, but

who after going to the residence of said witness has returned without him being

unable to attach him because of said dodging. That Dist Atty did not know until this

term of court that said witness resides in Coleman County and supposed he resided

in McCulloch County in and on the 6th day of April a subpoena was issued for said

witness from this court, placed in the hands of the sheriff of McCulloch County and

by him returned into this court April 1882 witness not found in this county and at

once on same day said attachment issued to Coleman County as aforesaid the

District Atty believes the evidence of said witness to be material for State in this

Cause.

Wm H Lessing

Dist Atty

The District attorney further says that his information in regard to said deputy

sheriffs failure to serve said attachment as stated above is a mistake that after seeing

said deputy in person, he is informed that is a fact that said attachment has been

served on said witness by said deputy sheriff but that said witness is now sick in bed

and unable to be present by reason of said sickness.

Wm H Lessing

Dist Atty

Filed Sept 22 1882

Along with the above cause no 155 papers filed Mar 22 1882 and Sept 22 1882, Mackye Johnson, District Clerk of McCulloch County sent a note stating that the above two documents were the only information that they could find on cause no 155.