Part 16
On November 7, the state rested, and Judge Thaxton overruled the defense's motion for an instructed verdict of acquittal. Court adjourned for the judge to prepare the charge, with arguments set for the next day. The trial, attended by large crowds who even ate lunch in the courtroom, ended abruptly without defense evidence, disappointing the spectators expecting more drama.
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Arguments concluded on November 8, and the case went to the jury that afternoon. Deliberating all night, the 12 jurors—all farmers—returned a verdict of not guilty the next morning, November 9. Sellman was acquitted, freeing him from the murder charge. The San Angelo Morning Times reported on November 10, 1934, Page 1: SELLMAN IS FREED OF MURDER CHARGE IN ROBERTSON DEATH Petition Being Circulated to Have Governor Inquire Into San Saba Case By Sam Ashburn SAN SABA, Nov. 9—N. H. Sellman, formerly a deputy sheriff, was acquitted today of a murder charge growing out of the death of Will Robertson. Robertson, testimony at the trial indicated, was beaten fatally about the head in a fight the night of Aug. 6, 1933. The trouble was purported to have started when Robertson accused another man of 'beating him out of some money.' The case went to the jury yesterday afternoon and the jurors, all farmers, worked steadily on it until they reached a decision. This morning, sleepy-eyed and weary, the jurors reported their verdict of acquittal. 'Miscarriage of Justice' in the examination of witnesses in the Sellman case is claimed in a petition circulated here today asking for an investigation by Gov. Miriam A. Ferguson. Sentiment in the case has run high and rangers have patrolled the Courthouse doors, giving the whole thing an atmosphere of the theatre. 'I am going to go before the grand jury and seek a perjury indictment in connection with the trial,' Fielding Hammond, district attorney, said.
During the trial Sellman told a reporter, 'If I am guilty of the murder of Will Robertson, I hope God strikes me dead.' Sellman said neither he nor any of his family in the courtroom had as much as a pocketknife and that any precautions to avoid trouble were unnecessary as far as he was concerned. Hamilton Brown, charged in the same case, will be tried next term of court, on motion of Glenn Capps, his attorney, for the delay….
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