Part 11
The Trial
The trial of N. H. Sellman commenced amid high public interest, with crowds filling the courtroom long before opening. This case attracted significant attention and public interest, comparable to the 1897 San Saba Mob Murder Trials in Austin. It would be standing room only throughout the entire ordeal. Jury selection took nearly a week, exhausting over 100 veniremen to seat twelve farmers and stockmen: F. F. Vogel, H. V. Clark, Edgar Johnson, F. L. Wallace, Ely Huddleston, K. K. Taylor, B. F. Smith, Ben Lively, Lawrence Draper, J. E. House, F. J. Presley, and C. W. Powell. The case against Rupert Maultsby was dismissed, and Daniel and Lusty were granted immunity to testify as state's witnesses, positioning them as accomplice witnesses whose testimony required corroboration under Texas law.45
Testimony began on November 5, 1934, before Judge Lamar Thaxton of Mason. The state presented evidence suggesting Robertson was beaten fatally in a fight starting when he accused someone of 'beating him out of some money.' Daniel and Lusty, as accomplices, provided key accounts, though details were sparse in public reports due to the trial's sensitivity. There are no trial transcripts, but the because of the sensation of the case, newspapers from Waco, Austin San Angelo and Ft. Worth reported the details.