Mar 2, 1890 Dallas Times Herald
CHARGED WITH EMBEZZLEMENT.
This Time It Was Not an Order
Forged But a Bank Check.
W. L. CALDWELL was arrested last night by M. G. PHILLIPS, a private detective, under the charge of embezzlement which consisted in his making a bogus draft on one of the local banks for $27 and getting it cashed by Mrs. ROBERTS, his landlady, who deducted his board bill and paid him $12 in cash.
CALDWELL is the same party, who a few weeks ago was arrested, charged with forging the name of J. D. TRAMELL, superintendent of the Trunk railroad, to an order on A. D. ALDREDGE & Co., for a case of surveyor's instruments. Affidavit was not filed against him on the ALDREDGE charge.
SHOT FROM AMBUSH
COWARDLY ATTEMPT TO TAKE THE LIFE OF JUDGE KENDALL
A Man Who Has Carried His Life in His Hands for Twelve Years.
The Culmination of Long-Standing Threats -- Brief History of the Case from Its Inception
A dastardly attempt of cold-blooded assassination took place at 8 o'clock last evening. The scene of the cowardly crime was Florida street, near Swiss avenue, and the would-be victim was Judge Thomas KENDALL. The judge was returning from his office to his home in a buggy, in company with his son. When turning the corner of Swiss avenue and Florida street, a man on horseback rode up until the nose of his horse almost touched the buggy, reined the steed, peered into the face of the judge and fired two shots from a revolver, which he drew from his belt as quick as a flash. The first shot fired took effect in the fleshy part of the hip, making a bad flesh wound but breaking no bones. The second flew wide of its mark. Judge KENDALL jumped out of the buggy and the cowardly assassin put spurs to his horse and rode west on Swiss avenue. The judge fired three shots at his retreating figure, and is satisfied that he winged the man or the horse. When it became known that a murder had been attempted the residents of that neighborhood became greatly excited. The police were notified, and also the sheriff, who has offered a reward of $500 for the arrest of the scoundrel. It is said that he was mounted on a large bay horse with a bushy tail, and from the description given the fugitive is a smooth faced youth of 18 or 19 years. Judge KENDALL did not recognize him. The latter is resting quietly and his wound gives him but little trouble. A TIMES-HERALD reporter was informed to-day that a man riding a bay horse and scudding along like a fleet yacht before the wind, crossed the Trinity river bridge and headed for the west shortly after the shooting. Mr. Kendall has been expecting just such an event to occur for the past ten years and he has always carried a gun.
Six years ago Jim BROWN, brother of the man killed by Kendall, was sheriff of Lee county, Tex., and during that time Lawyer BOOKS was shot and killed from ambush, and on his deathbed he declared he recognized Jim BROWN as the man who did the deed. Nothing has been done with him for it. Of course the Brown faction in San Saba county swear vengeance on him who slayed their leader, but Mr. KENDALL has been prepared for trouble all these years. Often he has seen members of the party in Dallas, though their residence is a couple of hundred miles from here, but he has trusted to his ready hand for protection. Jim BROWN is now a resident of Fort Worth and a well known horse-racer.
HISTORY OF THE CASE
The supposed causes leading up to this attempted assassination are a matter of record in the eighth Texas court of appeals report, in the case of T. G. T. KENDALL against the state. It is a celebrated case and the legal points involved make it an oft demanded reference in criminal practice. From the statement of facts therein given it is shown that S. S. BROOKS, county attorney of San Saba county, and Mr. KENDALL officed together in the San Saba courthouse. In the course of time it became BROOK's duty to prosecute one Wm. a. BROWN for violating the local option law. BROOKS and BROWN became involved in a difficulty which grew out of the trial, and on the afternoon of May 21, 1878 BROWN renewed the difficulty with BROOKS in the courthouse. BROOKS walked into his office when BROWN whipped out a pistol and accompanied the act with threats to kill BROOKS, who begged for his life, stating that he was unarmed. About this time Judge KENDALL came in and remonstrated with BROWN and asked him to leave the office. BROWN stepped back and said "KENDALL, you go out of here," at the same time waving his pistol and motioning him out. KENDALL walked out. When outside the door he met a party by the name of TRIPLETT and implored him to go in and stop the difficulty. TRIPLETT rushed in, but he was powerless to prevent it. BROOKS backed into the office and picked up a double-barrel shot gun. BROWN cocked his pistol, aimed it obliquely into the room and seemed to be peeping around. Just at this juncture says the court in the course of an opinion, the appellant (KENDALL) appeared in the court room and fired two shots at BROWN, one of which took fatal effect. The appellant then went out of the court room to the head of the stairs and subsequently delivered himself and pistol to the authorities, only two barrels of the latter being empty. Feelings ran high, The saloon element claimed that local option was adopted unfairly and this division of sentiment aggravated the case. Judge KENDALL was indicted and tried for murder. He was convicted of homicide and sentenced to five years imprisonment. District Judge BLACKBURN refused a change of venue and the case was repealed and the decision reversed.
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