This really has nothing to do with Texas since the murder occurred in Nebraska.The following may help (found by Googling):
It will be remembered that only eleven of the cowboys had been captured at the time mentioned, but the succeeding day Jordan P. Smith, the murderer, and one associate, were captured on an island of the Platte not far from Plum Creek. He was also brought back to Kearney, and for some time it was feared he would be taken from the jail and hanged by the citizens, but it was finally concluded to allow him to come before the courts and stand his trial. He was at the next term of court indicted, tried, found guilty, and sentenced to be hanged; but on some technical point of law he was granted a new trial and a change of venue to Lowell, where he was again found guilty, but only of murder in the second degree, and was sentenced to the penitentiary for thirty years. He was, however, given another trial; and a change of venue to Juniata, where he was found guilty only of manslaughter, owing to having been drunk at the time the murder was committed, and it was recommended by the jury that the judge use clemency in his sentence; but Judge William Gaslin, the terror of criminals, sentenced him to confinement in the penitentiary for a term of ten years, the longest term possible for the crime of manslaughter.