The Crockett Courier (Crockett, Tex.), Vol. 24, No. 11, Ed. 1 Thursday, April 10, 1913 Page: 1 of 8
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®he Crockett
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Entered as Second-Class Matter at Crockett Post-Office.
APR 1 2 i<m
Subscription Price $1.00 Per Annum, Payable at Crockett
MOTTO: "QUALITY, NOT QUANTITY."
CROCKETT, TEXAS, APRIL 10, 1913.
VOLUME XXIV—NO. 11.
"V
I
DISTRICT COURT PROCEEDINGS.
J. F. Small, Indicted for the Murder of
Dr. R. C Hale, Acquitted-—Other
Court News.
T. D. Cruce vs. P. E. Barnhill, a
suit for land; a compromise being
effected between plaintiff and de-
fendant, Mrs. George Kelley inter-
vened and a mistrial resulted. The
land was formerly the home of Mrs.
Kelley.
The case against Julius Lewis, a
negro charged with killing another
negro, resulted in a mistrial. The
killing was near Grapeland.
Monday the case of the State vs.
J. F. Small was called. Small was
on trial for killing Dr. R. C. Hale
during the early part of last year.
The killing as charged occurred on
the Eastham farm near Weldon.
Unusual interest /centered around
this case because of the prominence
of all parties concerned. Many
witnesses were present, some from
across the river in Walker county,
among the latter being Sheriff Far-
ris. It will be recalled that Small
shot and killed Dr. Hale after the
doctor had shot and killed the horse
on which Small was riding. It was
one of the most thrilling >and pic-
turesque tragedies ever occurring in
Houston county. The trial resulted
in an acquittal. The jury was com-
posed of the following men: Alva
McClain, W. W. Pridgen, ^teve Ba-
ker, J. G. Drennan, Chester Ken-
nedy, Ed Dopiiny, Lee Johnson, J.
R. Rushing, Jim Beard, Loyd An-
derson, J. W. Turner and C. H.
Dominy.
The case of Russ Moore, a negro
charged with stealing hogs, was
continued by consent.
Lewis Davis, charged with selling j
intoxicating liquors, was dismissed
on written motion of the district
attorney.
Jim Turner, assault to murder,!
dismissed on written motion of the!
district attorney.
Jess Sheffield, criminal assault,
dismissed on written motion of dis-
trict attorney.
Sidney Pennington, selling intox-
icating liquors, dismissed on written
motion of district attorney.
The murder case against Jake
Lewis, a negro, is set for trial Fri-
day, April 11.
Sep McClain, Crockett McClain
and Jim Duce, unlawfully selling
intoxicating liquors, dismissed on
written motion of district attorney.
Dora Brown and Oscar Whitmore,
charged with the same offense, con-
tinued to Monday, April 14.
Will Selkirk, burglary, continued
to next term.
Susie Hooey, a negro girl, charged
with theft, dismissed on written
motion of district attorney.
Wade Mosely, murder, continued
to next term.
Robert Masters, negro, charged
with murder, was on trial Wednes-
day. Masters shot and killed his
brother-in-law in Crockett last sum-
mer. The killing followed a row
over the use of a horse.
'
Improved Passenger Service.
I. & G. N. train No. 3, the local
passenger train heretofore operated
daily from Palestine to Houston,
passing Crockett at 10:04 a. m., was
discontinued Sunday and in its
stead a new train, to be known as
No. 1 and to run through from
Chicago and St. Louis on the north
to Houston and Galveston on the
south, put on. This new train is
due to pass. Crockett at 9:13 every
moming. Train No. 4 from Galves-
ton and Houston will run through to
St. Louis and Chicago, passing Crock-
ett at 9:02 p. m. as heretofore. The
9:30 SALOON CLOSING LAW
IS FULLY UPHELD.
Attorney General Looney Advises the
Governor That Legislative Intent Is
What Governs and It Is Plain.
mornjjttg
operated through to Texarkana in-
stead of being discontinued at
Longview as heretofore and on its
return trip will pass Crockett at
10:48 p. m. The southbound night
train will have two sleeping cars,
one for Houston, the other for Gal-
veston, and these will be returned,
one to St. Louis and the other to
Chicago, the following'hight The
southbound morning train will have
a sleeping car from Chicago and St.
Louis which will return north the
following morning.
DEUPREE & WALLER'S
Spring Message
T
For beautifying your home—An inspec-
tion of our spring stocks will fully demon-
strate the fact that rare discrimination
has been exercised in selection. We have
ássembled a collection of furniture in all
its branches unequalled in beauty, excel-
lence and distinctiveness—a collection
from which any taste may be gratified.
Just drop in and look things over.
Straw Mattings—The new mat-
tings are now arriving and we are show-
ing an excellent assortment of the good,
dependable kinds at very reasonable
prices.
House Furnishers and Undertakers
Austin, Texas, April 8.—The at-
torney general's department an-
swered the governor's inquiry with
reference to the 9:30 o'clock saloon
closing law to the effect that not-
withstanding the several manifest
mistakes and errors in the different
sections of the bill that the inten-
tion of the legislature may be satis-
factorily found and that such in-
tention was merely the enactment
of a 9:30 closing and a 6 o'clock
opening law, and that the particular
portions of the bill which appear to
be erroneous will be construed so as
to harmonize this act with itself
and with the body of laws of which
it forms a part, so as to carry out
the plain legislative purpose and
intention.
As is well understood, the legisla-
ture passed a penal statute requir-
ing saloons to close at 9:30 at night
and remain closed until 6 o'clock
the following morning, except Sat-
urday nights they should remain
closed until 6 o'clock the following
Monday morning. This act was in
obedience to the platform demand
of the democratic party, adopted at
San Antonio. There were no errors
in this bill. It has been signed by
the governor and deposited in the
department of state.
In order to conform the civil
statutes to this change in the crim-
inal statutes it became. necessary
to amend those portions of the
civil statute that regulate the man-
ner of making application to the
comptroller for license that pre-
scribe the conditions under which
the comptroller may be justified in
cancelling a license, and that pre-
scribe the conditions of the liquor
dealer's bond. All these provisions
of the law had to be changed to
conform to the penal statute. This
was proposed in a separate bill
from the penal statute. In that
portion of the bill which requires
that the applicant for license shall
make an application for the same
and shall state substantially a
number of facts as a prerequisite,
it was in this section of the civil
statute that the errors occurred, and
if construed literally there are very
few liquor dealers who could have
truthfully made the affidavits, and
while it would evidently not have
reduced the number of saloonkeep-
ers, it would have-transferred the
liquor business largely to other
people who had not heretofore been
in the liquor business.
Among other things in discussing
the question it is stated that it is a
fundamental canon of statutory
legislation that acts of the legisla-
ture will be so interpreted as to
sustain the law and if possible har-
monize the same with other pro-
visions of the law, in pari materia,
and with the constitution. The in-
tention of the legislature is to be
adduced from the whole and every
part of the statute.
The intent is to be gathered from
tjhe entire context as showing the j
general purpose and particular j
words are to be taken in the sense)
which, looking to the entire act,1
that they appear to have been used, |
rather than according to their literal
meaning.
Where a constitutional purpose
can fairly be derived from the
terms of the law a construction
ought to be given that will sustain
rather than strike down the law.
That when the intention of the
legislature with reference to any
enactment is once ascertained with
reasonable certainty, words may be
supplied or changed in the statute
so as to give it effect and avoid any
repugnancy or any inconsistency
with such intention.
Over Seven Million Votes.
Dr. and Mrs. J. S. Wootters desire j
to extend their sincere thanks to
their many friends Whose enthusi-
astic support enabled Mrs. Wootters
to poll over seven million votes in
the Galveston News auto contest,
and win the second prize for this
district, an elegant musical instru-
ment valued at $200.00 and a
special prize of $50.00 in gold. It*.
♦ ♦ •
Church Notice.
Having been requested to preach
on Christian Science, I purpose
next Sunday morning to discuss
that subject in connection with the
teachings of the scripture and
reason, at the Presbyterian church.
Sunday afternoon at 4 o'clock is
the time fór my regular appoint-
ment to preach at Oakland church.
S. F. Tenney.
OUR BRIEF STAY.
We're here for such little while,
We ought to do our hest to smile;
To scatter kind words on our way
And fill each minute of the day
With deeds of helpfulness and cheer.
And be our best while we are here.
If we could live a million years
We might have time for frowns and
sneers;
We then might wait another day
To hejp a brother on his way;
We then might let our little cares
Blind us to other men's affairs.
But we are here sp brief a spell
That we qhould try to live it well;
We have no time to live in hate,
To let our deeds of kindness wait.
If once we stoop to deeds unfair
Our record may be written there.
—Detroit Free Press.
Death at Lovelady.
After an illness of over four
months, Mrs. J. O. Smith died at
her home Sunday p. m. at 5 o'clock.
Mrs. Smith was seventy-two yea
of age. She leaves an aged hus-
band and a son and daughter, all
of whom were witn her at the end.
Her daughter, Mrs. C. R. Fields of
San Angelo, reached her bedside on,
Wednesday before her death. Fu-
neral services conducted at 3 p. m.
Monday at Baptist church, of which
she was a member, by Rev. Harris.
Card of Thanks.
My father, sister and myself de-
sire to express our heartfelt thanks
to the good people of Loveladjr
for the many acts of kindness
and sympathy during the last ill-
ness and death of our dear com-
panion and mother, and especially
to the Woodman Circle for aid and
sympathy. May the great Creator
abundantly bless each of you-
Adv. J. M. Smith.
There is no getting away from
the fact that our bill for next tveek
is the best that has ever been of-
fered in this city.
Royal Theatre
Excursion Notice.
San Antonio Spring Carnival
April 21-26. Battle, of Flowers,
April 25. Texas' most unique at-
traction—absolutely unrivalled.
Tickets on sale daily April 20 to 26
inclusive; limit 27. Special low
popular excursion fares for special
days. For further information see
Ticket Agent, I. & G. N. R'y- 3l
Get the
Habit
of buying your drugs, toilet articles, station-
ery, sundries, etc., at this drug store. We
guarantee satisfaction in every instance or
your money back. Our stock is new and
clean, fresh and pure, and you will make
no mistake when you make your purchases
here.
Try a box of -King's Chocolates—a "Royal
Gift for American Queens." There's none
better and it costs no more than others.
Let us fill your prescriptions. We are spec-
ialists in this line. Accuracy and prompt-
ness our motto.
Chamberlain & Woodall
DRUGGISTS
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Aiken, W. W. The Crockett Courier (Crockett, Tex.), Vol. 24, No. 11, Ed. 1 Thursday, April 10, 1913, newspaper, April 10, 1913; Crockett, Texas. (https://texashistory.unt.edu/ark:/67531/metapth177700/m1/1/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.