 Galveston Daily News
Galveston, Texas Tuesday, October 28, 1884 pg 2 ANOTHER ACCOUNT (Special to The News) Sherman, October 27. - Lewis Wilson, a negro, was brought in from Denison this morning on the charge of outraging a lady named Dubbs, as resident of Denison. The officers bringing him over could not give no particulars beyound the fact of the offense being committed.  Galveston Daily News Galveston, Texas Tuesday, December 16, 1884 pg 1 IN THE TOILS George Wilson on Trial at Sherman for Outraging Mrs. Dubbs. Special To The News Sherman, December 15. - The District Court has been engaged all day on the case of the State vs. Lewis Wilson, on a charge of outraging Mrs. Catherine Dubbs, in Denison, in October last. The State announced to be ready in the morning, but the defendant not being ready was given until 1:30 o'clock to prepare a motion for a new trial. On the assembling of court the motion was overruled on the statement of the county attorney that the witnesses for whom the continuance was asked were in charge of the officers at Denison and would be forthcoming on the next trial. The balance of the day was taken up in selecting a jury. At 7 p.m. the court again convened and began on the evidence. The first witness examined was Mrs. Dubbs. She testified that she was alone at her mother's house in Denison, her mother being away at the residence of another daughter who was sick; that the defendant came in through the back door and she heard him moving around, but she thought was her mother, who she was expecting to come and wake her up to take her place waiting on the sick sister. When he caught hold of her she at first thought it was her mother, who was about to shake her to awaken her. When she opened her eyes she saw that it was a man, and recognized him as Lewis Wilson. She jumped up - her assailant momentarily letting her go, but he seized her again in an instant and cursed her and threatened to kill her if she gave the alarm, and then throwing her on the bed, threatening at every breath to cut her throat if she gave the alarm, accomplished his design. She also testified that he was in his stocking-feet and that his socks were wet. Her brother-in-law, Wm. Dunn, the husband of the sister who was sick came shortly after the outrage. She says she did not think her assailant had got out of the house when he came, but remained hid behind the door until he came in and then went out behind him. Her assailant, after accomplishing his purpose, threatened to kill her if she informed any one of what had been done, and asked her if she knew him. She fearing he would kill her if she said she knew him told him no. He then bid her good-by, and on her not answering cursed her and threatened to kill her if she did not tell him good-by. When her brother-in-law came she informed him of what occurred, and he took her to his home and informed the officers. Tom Wright, deputy United States marshal, said he saw the negro on the night of the crime in the neighborhood, and that he and Officer Mixon made the arrest. That they carried him to where the prosecuting witness was, and placing him in another room had him talk, and that the prosecuting witness on hearing him said she heard a voice in there that reminded her of the voice of her assailant, but it was louder than used when assaulting her. The evidence will hardly be concluded tomorrow. There was evidence also that the bed clothes were muddy, which was evidently caused by wet, muddy feet. The Dallas Daily Herald Dallas, Texas Thursday, December 18, 1884 pg 4 Lewis Wilson to Hang. Sherman, Dec. 17, - (Special) - The argument in the Lewis Wilson rape case was concluded at 10:30 last night and the jury retired to make up their verdict. The court remained open until midnight waiting for a verdict, and then adjourned until 9 a.m. today. At 9:30 the jury filed into the court room and, on being polled, announced that they had agreed on a verdict as follows: "We, the jury, find the defendant, Lewis Wilson, guilty of rape as charged in the indictment, and assess his punishment at death by hanging." The defendant did not change his vacant, stoical look when the verdict was read. His attorneys will appeal the case with the hopes of reversing, although they can see no hopes of such an ending. Fort Worth Daily Gazette Fort Worth, Texas Monday December 29, 1884 pg 5 SHERMAN Special to the Gazette Sherman, Tex., Dec. 28 - Judge Maltbie had set yesterday to hear the motion for a new trial in the case of Lewis Wilson, condemned to death by hanging, but his honor did not appear, and the case will come up Monday. Fort Worth Daily Gazette Fort Worth, Texas Saturday, January 3, 1885 pg 6 SHERMAN The Motion for a New Trial in the Lewis Wilson Case Overruled by Judge Maltbie. Special to the Gazette Sherman, Tex., Jan. 2 - Judge Maltbie of the district court heard the motion for a new trial in the Lewis Wilson case yesterday and overruled it. This leaves the defendant only the chance of appeal to a higher tribunal to save his neck from the halter, in accordance with the verdict of the jury that decided the case. The decision of the higher court will come after a time and the condemned man will then know what the law has in store for one who has outraged propriety by indulging in the pleasures of rape. Galveston Daily News Galveston, Texas Sunday February 8, 1885 pg 8 Death Sentence Affirmed. The Court of Appeals yesterday affirmed the death penalty assessed by the District Court of Grayson county against Lewis Wilson for the crime of rape. Galveston Daily News Galveston, Texas Saturday February 14, 1885 pg 8 LEWIS WILSON vs THE STATE - From Grayson county. Conviction for rape, with a death penalty assessed. On the trial appellant proposed to prove that several years before the alleged rape the prosecutrix had given birth to an illegitimate child, which evidence was introduced for the purpose of impeaching the chastity of the prosecatrix, and, on objection, ruled out by the court. Held, in prosecutions for rape it is unquestionable competent for the accused to impeach the character of the prosecutrix for chastity, not to justify or excuse the offense, but to raise a presumption that she yielded her consent and was not in fact forced. But the rule is limited to general reputation for chastity, and to acts of illicit intercourse with the accused alone, while specific sets with other parties than the accused are not competent and admissible as evidence. Such evidence as offered was admissible on proof of general reputation. But this error will not reverse the case, as subsequently all the facts and circumstances connected with the birth of the illegitimate child were fully developed by the prosecution through the same witness by whom proposed to be proved by defendant. When the prosecution offered a number of witnesses to prove the general good reputation of the prosecutrix for chastity, defendant objected, because "he had not impeached the character of the prosecutrix for chastity." In overruling the objection the court, in the presence of the jury, said that if defendant had not impeached her character, he had attempted to do so and failed; and this remark is excepted too as being a comment upon the weight of the evidence calculated to affect defendant's rights before the jury. Held, the issue having been attempted, it mattered not whether it was successfully or not maintained; that gave the other side the right to meet it and ventilate it fully. If, as claimed, defendant had not impeached her character, the remark certainly could not harm him because it was, and could not be, a comment upon the evidence he had never offered. An attempt by defendant to impeach raises the issue sufficiently to warrant and justify the prosecution in introducing evidence upon the subject. Where there is neither arraignment nor plea the case will be reversed, because the verdict is a nullity and no valid judgment could be rendered on it; and if the record is silent as to both, the conviction will be set aside. But where the record is silent as to the arraignment, but affirmatively shows that the defendant pleaded not guilty, this court, presuming that an arraignment will not reverse. Where defendant has been convicted upon evidence showing rape by force as shown by the violence, or marks of violence, upon her neck and other portions of her person, and her depressed mental and physical condition immediately after the commission of the crime, a new trial will not be granted upon newly discovered evidence as to the want of chastity of the prosecutrix. Rape may be committed upon the most notorious prostitute, and if the physical facts and personal violence be proved they can not be rebutted simply by proof of the want of chastity. Affirmed. The Galveston Daily News Galveston, Texas Sunday, March 22, 1885 pg 5 The death sentence was affirmed in the following cases: . . . Lewis Wilson, from Grayson county, rape. The Austin Weekly Statesman Austin, Texas Thursday, April 2, 1885 pg 1 A Rapist Cheats the Gallows. Special Telegram to The Statesman. Sherman, March 30, - Lewis Wilson, the negro sentenced to death, cheated the gallows by dying in jail here to-day. Wilson's crime was raping Mrs. Catherine Dubbs, a respectable white woman in Denison, about a year ago. He entered her house late at night and threatening her life with a butcher knife, if she made an outcry, accomplished his purpose. Officers captured him a few hours later. Mrs. Dubbs' brother-in-law arriving home a few minutes after the negro's departure, and giving the alarm. The Court of Appeals refused to grant a new trial and Governor Ireland could not be prevailed upon to commute the death penalty. FELONY Susan Hawkins © 2024 If you find any of Grayson CountyTXGenWeb links inoperable, please send me a message. |