The Laws of Texas, 1822-1897 Volume 1 Page: 372
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Laws and Decrees of Coahuila and Texas.
ART. 65. The number having been completed, and the jury formed,
they shall take an oath, to hear, try, and decide upon the matters in controversy,
in the case then pending, truly and faithfully, according to the evidence
and laws that may be produced, relative to the case, without deviating
therefrom, either from favor, or enmity, fear or reward, and that they will
have communication wvith no individual whatever, on subjects connected with
the case, out of court, till they shall have given their Verdict.
ART. 66. The court being ready to hear the cause, the plaintiff by himself,
his attorney, or counsel, shall read the accusation, and explain verbally
and briefly, the principal points contained in it. and the evidence
which he proposes to present. The defendant shall then explain in the
same manner, the grounds of the defence which he intends to make.
ART. 67. This being concluded, the evidence shall be presented, beginning
with the declaration of the defendant upon the accusation, who after
having concluded the relation which he shall make by himself, shall be
questioned by his attorney, as he may see proper, and his examination
shall be concluded by questions on the part of the Plaintiff. The judge
may question him during any stage of the trial, before the summing ap
of the evidence.
ART. 6S. After the confession, the sumario formed by the primary
judge, shall be read, and the further evidence on the part of the plaintiff,
shall be presented; and afterwards that of the defendant.
ART. 69. The witness. after having been sworn to depose the whole
and entire truth, according to the best of his knowledge, or as he may
be questioned upon the subject then before the court. shall declare witil
all the plainness and clearness he is capable of what he may know in the
case, and the party who presented said witness shall have the privilege of
.asking him any questions he may think proper; the opposite party shall
also be allowed the same privilege. The judge may examine the witness
.at any time before the final conclusion of the testimony.
ART. 70. The secretary shall make a minute of the declaration of the
witness, which he shall read in his presence, that it may be corrected if
necessary, and the witness shall sign it with the secretary.
ART. 71. The testimony being concluded, the plaintiff shall make a
verbal plea, stating to the court the reasons and circumstances that may
:appear most conducive to establish his demand: The accused shall also
make his defence in the same manner.
ART. 72. The judge shall then make such observations upon the evidence
and facts deduced in the trial as he may think proper and necessary
for the instruction of the jury, who shall then retire for deliberation.
ART. 73. During their deliberations the jury shall remain in charge
of the sheriff, and shall not be permitted to communicate in any manner
whatever, with persons out of court on subjects connected with
the trial. The sheriff shall render them all necessary assistance, and if
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 1, book, 1898; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5872/m1/380/: accessed October 16, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .