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Not Now

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

Diamond's Account of the Great Hanging

the Dist. Court, that the proceedings of the citizens Jury con-
form to the rules prescribed by the Statutes and laws of the State
in the trial of criminal causes before the organized Courts of
Justice. It may be clearly seen that the Jury was governed by no
testimony which was not held admissible under the strict and
guarded rules of evidence [as] known [under] both statute and
common law of the land. DeLemeron's case is considered a mild
case when compared with those upon which the Jury acted.
The proceedings, in the case of the State vs. DeLemeron are
founded upon the charges contained in the following:
Bill of Indictment.
THE STATE OF TEXAS IN THE DIsT. COURT,
COUNTY OF COOK [Sic] FALL TERM, 1862.
In the name and by the authority of the State of Texas, the Grand
Jurors for the County of Cook [sic], duly selected, empanelled, sworn
and charged to inquire of offences committed in said County of Cook
[sic] and State of Texas, upon their oaths present;
That on the 3rd day of November, in the year of our Lord, One
Thousand Eight Hundred and Sixty Two, and long before and con-
tinually from thence, an open and public war was, and is yet prose-
cuted and carried on between the United States of America and the
Confederate States of America, our said State of Texas being one of
said Confederate States;
to-wit: in the County of Cook [sic] and State aforesaid, that one Joel
Francis DeLemeron, a citizen of our said County and State aforesaid,
then and there, well-knowing the premises but not regarding the duty
of his allegiance, nor having the fear of God in his heart; and being
moved and seduced by the instigations of the Devil, as a false traitor
to and against our said State, and wholly withdrawing his allegiance,
fidelity and obedience, which every true and faithful citizen of our
said State should and of right ought to bear toward our said State,
and contriving, and with all his strength intending, to aid and assist
the said United States, so being an enemy to our said State, as afore-
said, in the prosecution of said war against our said State of Texas,
to wit: On the third day of November and in the year aforesaid, and
on numerous other days, before as well as after, with force and arms
in the County and State aforesaid, maliciously and traitorously was
adhering to, and aiding and comforting the said United States, being
then an enemy to our said State as aforesaid; and that in the prose-
cution and performance of his treason and traitorous adherings as

407

Texas State Historical Association. The Southwestern Historical Quarterly, Volume 66, July 1962 - April, 1963. Austin, Texas. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth101196/. Accessed May 3, 2016.

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