Too Much Prejudice Exists — Change of Venu Granted — The Dan Morris Jury Still Out.]

[Special Telegram to The News.]

Hempstead, Oct. 17. — The three big murder cases are cleared from Waller county docket, and the excitement is abating.  The jury, however, are still out in the Dan Morris case, and stand eleven for and one against acquittal.

The State vs. Reuben, Henry and Wiliford Loggins, charged with killing Reuben Morris, was called this morning.  The state — represented by district attorney Davidson, county attorney Hannay, Messrs. Boone and Griffin and John T. Buchanan — announced ready.  Defendants, through counsel, Hon. Seth Shepard and A. J. Harvey, filed a motion for change of venue, alleging upon affidavits of J. M. Williams, J. H. Farr, J. F. Kirby, Z. H. Hammond, W. G. Chapman, J. C. Lipscomb, J. H. Glass and four of the Loggins, that an impartial trial can not be secured in this county.  The prosecution answered, through affidavits of J. D. Montgomery, J. A. Harvey, G. S. Quarles and Arthur Thompson, that Williams, Farr, Kirby et als. had not means of knowledge to support their affidavits.  Shepard argued against the motion, as it did not conform to the statute, requiring also an impeachment of the credibility of Williams, Farr, Kirby, et als.  The prosecution refused to amend and impeach, and the judge ordered the testimony on the existence of prejudice to be taken.  The burden of this indicated prejudice.  Sheriff McDade knew of this feeling in Hempstead precinct, but would prefer not to speak as to the rest of the county.  Deputy Chambers said twelve men could be got by search in the county to try the cause, but he was doubtful of getting a fair jury according to the usual quick process of venire.  Mr. Hammond, a merchant, said he talked with people from all parts of the county, and that prejudice is great.  Mr. Thatcher, another merchant, believed it possible to get a fair jury, but he would not like to sit on the same.  Others thought a jury could be secured to try the case fairly by the evidence.

Some little sparring then occurred on the supposed insinuation that the county could not furnish twelve honest men.  Boone, for prosecution, was willing to suspend the examination unless witnesses were summoned from every precinct in the county.  Judge Burkhart would go no further, and granted a change of venue.  The case goes to Bellville, Austin county, the nearest county seat.  The judge, remarking in his decision, said the case was of great notoriety, owing to the wide=spread inter-relationship of the Loggins-Morris families, and he had not failed to hear accidentally prejudicial remarks.

During the afternoon sitting of the court considerable business was disposed of, including sentencing of three negroes for two years and one for five, on pleas of guilty of stealing.

"Trial of the Loggins.", The Galveston Daily News, Tuesday, October 18, 1879, p. 1, col. 3.