(WEST) Good Jay Charge to the jury State of Texas vs John We

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JOHN WESLEY HARDIN'S FINAL DAY IN COURT (WEST.) Good, Jay. Charge to the jury, State of Texas vs. John Wesley Hardin. Autograph Document Signed by Jay Good as Hardin's Attorney and Frank E. Hunter as judge. Pencil and ink on a sheet of stenographer's paper, 13 3/4 x 8 1/2 inches; horizontal folds, docketing on verso. [El Paso, TX], 16 May 1895

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John Wesley Hardin was one of the most notorious outlaws of the 1870s, was imprisoned in 1877, and was not released until 1894. At that point, he straightened up his act somewhat, passing the Texas bar exam and settling in El Paso. This document relates to his final arrest. On 2 May 1895, Hardin fared badly at the craps table at the Gem Saloon. Drawing his pistol, he demanded his money back from the dealer, and walked out with $95. He was charged with armed robbery, illegal possession of a firearm, and gambling. While the robbery trial was postponed, the weapons trail was held on 16 May.
This document is a special charge to the jury submitted to Judge Frank E. Hunter by Hardin's lawyer Jay Good. Good stated that "the law does not require of men impossibilities," and argued that "at the time the defendant is charged with carrying said pistol, that it was beyond his power to have the parties threatening his life under a peace bond . . . he believed that his life was endangered." This request is marked "Refused, F.E. Hunter, C. Judge."
Hardin was convicted of the gambling charge and paid a ten-dollar fine. While waiting for the later trial on the robbery charge, he was shot by a constable on 19 August 1895.