The Marlin Democrat
Marlin, Texas, Thursday, March 3, 1904
JOHN T. SPIVEY ACQUITTED
~~~~~
Afterwards Convicted Of Lunacy In
County Court
~~~~~
"We the jury
acquit the defendant on the ground of insanity.
A. LAMB, Foreman."
Thus read the verdict of the jury in the case of the State of Texas vs John T.
Spivey, charged with the murder of Albert Huffmann, on trial in district court,
the verdict being brought in about 9;30 Thursday morning.
The case was taken up Friday last and taking of the
testimony consumed the time until the closing hour Tuesday afternoon. The
argument was begun Wednesday morning and consumed the entire day. The case was
submitted to the jury at the conclusion of the argument by the courts charge and
the jury was not long in arriving at a verdict.
At a former trial of the case the defendant was
adjudged guilty and his punishment fixed by the jury at confinement in the
penitentiary for life. From this verdict the defendant appealed to the court of
criminal appeals, which tribunal reversed and remanded the case.
No case, originating in Falls Falls county in recent
years, attracted the attention that this case has, owing to the prominence of
the parties and the issues involved. Each trial of the case was attended by a
large number of people. At every session of the court during the last trial, the
court room was pretty well filled with spectators. This was noticeably so during
the arguments, which lasted all day Wednesday.
The court, upon the receipt of the jury's verdict
remanded the prisoner to the sheriff to await such action as the county court
might take as to the sanity or insanity of the defendant.
Action was not long deferred, for by ten o'clock complaint had been filed in the
county court charging the defendant in the murder case with insanity, the
document being signed and sworn to by Don Spivey, son of the defendant. Judge
Hunnicutt ordered an immediate hearing of the case and a jury being secured, the
trial was proceeded with.
By agreement, the evidence of the expert witnesses in
the murder trial was submitted as a basis for the insanity charge, and was read
by County Attorney Carter. After hearing all the evidence the jury returned a
verdict declaring the defendant to be of unsound mind and committing him to the
asylum for insane.
The defendant was permitted to make a statement before
the jury and he talked for quite a while. He detailed the circumstances
surrounding the case and he believed he had done perfectly right in killing
young Huffman and that he felt no remorse thereafter. He stated that he
had thought and prayed over the matter for a long time and it was the only way
he saw out of trouble. He did not want to go to the asylum and declared he
would not go again.
Among his remarks he said: "Gentlemen, I have done
nothing more than to protect my home. I protected my children because I loved
them, I am a man of pride. I am proud of my family and my country. I will
protect both. Why do you keep on torturing me in the courts for doing what is
right and what any man I ought to do? Why do you not finish me by crucifying me
on the cross? I want to die; I don't want to keep on suffering this pain of
heart that pain in my head and stomach is enough. Don't send me among a
lot of lunatics. They had a crazy woman in jail and I could hardly bear to hear
her curse and rave like she did I am not crazy; I can make as clear calculation
in figures as I ever could. I would not go back to my family if I could. I want
to go to my oId Alabama and travel some, I have laid in that nasty place they
call jail so long that I want to travel and get my health back. I prayed hard
and earnestly to God to give me light and let me know what to do with the rascal
who invaded my and the answer was clear that I ought to protect my home. God
told me to defend my home. God wanted me to kill that man.
I don't want to kill anybody; I want to live in peace.
I never did want to kill any man but if a man imposed on me I could always give
him a good fist fight and give him as much as he could want. I want to say
to this great army standing around here, men, I protected my and will help you
protect your homes."
The jurors were Luther Stewart, T. W. Patrick, J. M.
Arnett, W. E. Hidges, R. H. Raiford, and Sam H. Anderson and found that Spivey
had and attack of temporary insanity caused by fever about seventeen years ago,
from which he apparently recovered. That the second attack came on in
March 1903 and from which he apparently recovered; that an uncle and a great
uncle of defendants; were insane; further that the malady was such that the
patient should be place under restraint.
Thus closes one of the most interesting yet unfortunate
incidents that has ever occupied the time and consideration of the courts of
Falls county.
TAKEN TO TERRELL
John T. Spivey was taken to the Terrell Insane Asylum at 1:30 Thursday by Deputy
Sheriff Steen. Don Spivey accompanied them.
Copyright Permission granted to Theresa Carhart and her volunteers for
printing by The Democrat, Marlin, Falls Co., Texas.