Weekly Democratic Statesman. (Austin, Tex.), Vol. 1, No. 29, Ed. 1 Thursday, February 22, 1872 Page: 2 of 3
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THE STATESMAN.
C-Partaerhip Noticr.
The undersigned have formed a co-partnership
to be known as the Statesman Pcblkd.-
iso Cohpaxt for the purpose of publishing
ft paper in Austin Texas to be called the
'DEMOCRATIC STATESMAN" and trans-
act such business cs belongs to a publishing
company
ANTHONY DEFFENBAUGH
JOHN 8. McEWFN
BREDETT C. MURRAY.
CUARLE8 II. DEFFEKBACGH
Apstik July 20 1871.
ZLTJSTW
THURSDAY...
.FEBRUARY 22 1872
Amnesty.
Maj. Wallon Las handed us the fol-
lowing letter requesting that it be
published for the benefit of those con
cerned. The failure of the amnesty
bill ihoald not deter gentlemen labor x
ing under disabilities from making
every effort to get them removed.
The absence of leading and compe-
tent men from position at this day is
one of the prime causes of the misera-
ble condition to which we have des-
cended politically.
Washisgto D. C Feb. 12 1872.
Maj. W. M. Waltox :
As you will havo observed the am-
nesty bill has failed in the Senate.
There is little prospect one will pass
this session. To obtain special relief
it is required that the party apply for
it by petition or a letter has been
""Id sufficient. "Please let this be as
"ally known as you can that
"ishing to apply may do so and
ocure the passage of a special
-in. Let them send up their
as soon as practicable
regard this the duty of
may bo in condi-
:fy-Servico in his
.sion mayfc$Tand I will
to aid all as far a 3
Johv Uaxcock.
:rmu Democracy not PnNsive.
ne New York Staats Zcitung the
Jing liberal Gcrmau Democratic
wr in the United States thus ex
kb itself :
e probability is that the Missou-
will be left alont in their glory
e at least cannot see the least indic-
ation anywhere outside of that State
" Republicans who show a disposition
:n the Missouri movement. There
her a Liberal Republican organ-
J anywhere else nor yet is there
most remote prospect that there
sver will be one. We have no right
to take it for granted that the Liber-
' .Republicans of Ohio will consider
.emselves sufficiently flattered by
.is effort to even give the llissourians
ne honors due them.
The indications are that some kind
.' a compromise will be agreed to
" the British government in regard
""sequential damages in the Ala-
ase. When the present ex-
.nt ceases the English people
no doubt see the propriety of
an amicable adjustment of the claims
and be prepared to listen to the details
the uncertainty of which now create
'othing but alarm in tho English mind:
Ve believe that had they an assurance
these indirect damages would not cx-ccd-a
certain specified and reasonable
im there would be no further demon
'tlon against the claims.
Austin was located in lS39by lion
dwin Waller who was ono of the
ree commissioners appointed ior that
rpose by Gen. Lamar the then ex-Btims-v
President of the Republic
Mr. Waller is the only ono of the
three commissioners now living. State
Journal.
We rise to expl .in : 31r. Waller
was the Surveyor who attended the
five Commissioners appointed to locate
Austin. The Commissioners were
Messrs JJoiton Cook Menifee Carrp-
bell and Burton.
The investigations of the Congres
sional Committee at New Oilcans end
ed without any decision. It has ad
journed to Washington and both
Warmoth and Carter have sent their
agents along with it to watch any
side play that may be brought to bear
at the Capital. It is believed howev
er in Louisiana that should any de-
cision bo made detrimental to War-
mouth's interest that he will at once
renew the fight.
The Japanese Embassy visited Drig
am Young in his place of confine
ment at Salt Lake City and the ccca
sion' prcsentedta plea f jr ti e exprceaion
offense by the Gentile popv.
qucrce they threatened
I can.
" To Be or IYo to Be."
This is the dangerous and absorbing
question which now occupies the mind
of Democracy. " Outrageous fortune''
has swept the political bark out
amidst "a sea of troubles" and rational
men hesitate aud question whether it
be better by opposing to end them
or to suffer. But with this sufferance
there will come the "slings and ar-
rows " of outrageous power and the
once vigorous body politic will weak-
en under its merciless attacks until
probably at too late an hoar for res-
cue it will be numbered among the
things that were. " There's the rub"
for upon the ruins of oar present po-
litical system strange structures will
rise under whose shadows the pure
and revered principles of free republi-
can gavernnient will be forever buried
aud upon their frowning walls be era
blazoned the everlasting insignia of
despotism.
No other than this dark picture
will be the realization of the future if
the Democratic party at this particu-
lar crisis withdraws its pure and
saving principles from the guidance
of the people. In the next political
contest in this country ia to be decided
the great question whether we are
capable of self-government." This
question seemed well established un-
der the Jong DemocrtiCodministra-s
tiou of the government but the expe-
rience of the last decade has shaken
the opinion of not only the rest of the
world but ourselves in regard to it.
Radicalism Is the powerful wedge
which has entered between the peo-
ple and self government and with one
other successful stroke the substance
and the principle will be effectually
severed. It is unrestrained Radicalism
fieekiner to nervett the verv founds
. u - j '
jffans of the gjernnjeHfTwhTch turns
a dekf"ear to the teachings of the
past and to the wisdom vt the noble
architects of our country. It throws
away every 'constitutional restraint
and seems determined upon but one
end to follow its leaders to any point
to indulge in every excess and to ut-
terly disregard every national guar-
antee whether civil or social.
These leaders seek to perpetuate
their lease on power by the establish
ment of a centralized despotism deaf
to the rights and even gloating over
the distresses of the people ; and in
Democratic ranks the question is
sprung shall not Democracy remain
passive ? Is this patriotism or is it
not blind folly ? Democracy has a
glorious record ; it has been but an-
other name for American liberty and
when the nation is struggling as in a
death agony under the powerful grasp
of Radicalism is it manhood for De
mocracy to withdraw from the contest
and leave the tried old ship of state
without pilot or compass drifting di
rectly upon the breakers ? Are the
principles of Democracy false and the
people not worthy of what have here
tofore been considered sacred rights ?
Certainly this cannot be so ; why
then desert them to support principles
engrafted upon and a part of the very
doctrines which have brought wide
spread ruin upon the country.
If the Democratic party has no mis
sion then let it pass away ; but it
has in its keeping the very purest form
of republicanism. Many look upon
republicanism now as a lailure yet
this impression gains ground simply in
the review of our administrations dus
i ing Radicalism. Under it the United
States has become a republic but in
uame that which was at first its policy
is but now a part of its very constitu
tion.
And let thoie who advise Democra
cy to withdraw from the political con
test think of the result ; that the
countiy would forever fall a prey to
the contending wings of Radicalism
both pledged to the same purposes
governed by the same principles and
struggling for one and the same ends
oiiice ana its emoumcnis. lue one
ia power uses it for its own agrandize-
ment and the other cric3 reform
hoping that by doing so at no dis
tant day the curreDt may be changed
This strife however let us predict will
last only so long as the weaker ele
ment sees it is unable to " govern"(!)
the Democratic vote of the country
and let us predict again that should
it use Democracy in accomplishing its
ends the latter will sell its sacred and
V;rtl.rvlit frn a mi' rvf not'
the masses know embrace the princi-
ples of the Democratic party and
should it be consigned to ruin may the
curses of the people forever rtfst upon
these who have been instrumental in
the downfall.
The Radical party was the result of
a similar conception and is already
tending with unerring course towards
centralization and an entire remod-
eling of the government; one not in
the interest of the governed but of
the powers that be. " There's a di-
vinity that shapes our cuds" yet we
believe that fortune never smiles on
those who forget their duty to themselves.
Tu.Partr'i Coa rea Horn.
From the Waco Advance we learn
that the lax-payers of McLennan
county met on the 14th ins t. and took
preliminary 6teps towards resisting the
payment of the advalorem tax ot seven-eighths
of one per cent imposed
bv the Board of School Directors of
McLennan county. The resolutions
adopted deny the authority and as-
sert a determination to " resist by ev-
ery means known to the law of the
land tho collection of said pretended
tax."
A committee of seveu was appoint
ed under the provisions of a resolu
tion "to take immediate steps to test
the legality of said pretended tax
aud was empowered to raise by eub-
scnption a rum sulncient to cover me
expenses of such proceedings and to
retain the services of such counsel as
mav be deemed necessary.
The meeting further declared that
1 our aciion in this emergcucy is dic
tated by no unfriendly spirit towaids
the establishment of Public -Free
Schoolsjj). car nrfdst" ami the perfec-
tion of a most thorough system of
public education but on the contrary
we are ready to meot and pay off with
promptness any reasonable tax levied
for the purpose aforesaid " whenever
such levy is made by lawful authority
and there is rensonablo assurance that
such tax will be honestly and judi-
ciously applied to the purposes for
which it was levied."
The meeting then adjourned to meet
again on the 17th to take further oc-
tion in the premises.
Indiana in E.lano and Burnet.
On Tueday night last early in the
evening the Indians passed aown io
Llano county through Burnet and
came to within three and n half miles
above Bluffton and what is there called
the " Colorado Saline." They shot
at William Miller the arrow striking
him on the side passing through his
clothes and at most making but a
slight wound. These same Indians
have been seen as late as Thursday
last the 15th inat. in the Crownover
settlement but what damage has
been done in the way of murdering
and stealing we have not learned.
These facts have been furnished us by
D. C. Cowan Esq. an early settler
iu fact the first of the Fisher and
Miller Colony in Llano County and
is a frontiersman of undoubted grit
and a Democrat of the first water.
At Home and Abroad.
The famine in Persia still continues
Great numbers are dying daily.
Dcuison the late speaker of the
House of Commons has been created
a Peer.
The book concern of the Methodist
Episcopal Church South at Nashville
is destroyed by fire. Loss about $30-
000.
The French residents of New York
have subscribed $4000 toward pay
ing the German war debt.
On the 13th $25000 had been sub
scribed at London for the search for
Dr. Livingstone
The present revenue law requires a
tax of sixteen cents per pound on one
and thirty-two cents upon another
class of tobacco.
A debate in Congress upon nav
appropriations elicited the fact that
while the United States Navy is limit
ed to 8500 men the British Navy has
a force amounting to C4000.
Late adv ccs report several trains
from Omaha out one month upon the
Pacific Railroad hemmed in by snow
This is anything but getting to the
Pacific under pacific circumstances.
A meeting of the railroad officials
at Mobile has taken place and rates of
n.?-1 r--r Mobile to New York were
ODE TO LAWYERS
The devil came to the earth one day
And unto a court "bouse wended bit way
Just as aa attorneywiih very grave face
Was proceeding to argue the poimajo a ease.
Now a lawyer bis majesty never bad seen
For to bis dominions none ever had been;
And he felt very curious the reason to know
Why none bod been sent to the regions be-
low. 'Twas the fault of his agents his majesty
thought
Why nore if these lawyers bad" ever teen
caught;
And for his own pleasure be had a desire
To come to the earth and the reason inquire.
Well the lawyer who ro3e with visage so
grave '
Hade out bis opponent a consummate kuave.
And the old devil was mucbly amused
To hear the attorney so greatly abused.
As soon as the speaker had come to a close
The counsel opposing then fiercely arose
And heaped such abuse on the bead of the
first
As made bim a villain of all men the worst.
Thus they quarreled contended and argued
so long;
'Twas bar! to determine the cne that was
wrong;
And concluding he'd heard quite eaough of
the "fuss"
Old Nick turned away and soliloquized thus:
"If all they have said of each other be true
The devil bas surely been 'robbed of his due;
I'm satisfied now 'tis all very well
These lawyers wonld ruin the morals of bell.
"They have puzzled the court with villainous
cavil
And I'm free to confess they have puzzled
the devil;
My agmis are right to let lawyers go bail
If I bad them they'd swindle me out of my
tail"
TilC HATEFUL MATCH.
"Your Aunt Carlton and Cousin
Jennie will be here in the next train
Russell" said Mr. Wilder to his
nephew. "You had better bring the
pony chaise and bring them from the
ii
"Can't. Am going away myself
sir." - " "
-lhe the devil you are I res
ponded the old gentleman pushing
his spectacles up over his forehead
and regarding his nephew with an
air of surpriso and consternation.
"Yea Bir. Charley llont nmted
me out to his place for a few weeks
and I thought that I might as well
go now as any time."
"I should say that it was a very
strango time to be leaving home.
Your aunt and cousin would consider
it a personal affront sir."
"It is not intended as such sir
Though to be frank considering the
obiect of Jennie s visit 1 prefer not
to see her. And 1 must say that
think she would nave shown more
Bense of delicacy if sho had stayed
away.
"Your cousin is a verv lovely girl
Mr. Impudence and won't be likely
to go begging.
1 don t doubt it in the least. Uut
for all that sho won't suit me for a
wife uncle."
"How do you know that you con
ceited young donkey when you have
never seen her: inquired the irate
old man bringing his cane down upon
the floor with Btartling emphasis.
"Common sense teaches me that
no marriage can be happy that does
not spring from natural love. And
on one thing 1 am resolved that .
will never marry for mercenary mo
tives."
"Nobody wants you to v
girl unless you like herT
llder his face growing p.
rage ana vexation at his
perversity. "All I ask is that you
will stay and see her. And this is a
point that I insist upon
-yes
sir
insist upon it I
"I am sorry to disobey you uncle;
but if I should stay it will only give
rise to conclusions that I am anxious
to avoid. But I will te 1 yo t what
I will do; I will relinquish all claim
to the property that you are so
anxious should not be divided. As
that seems to be the main object I
think that it ought to be satisfactory
to all parties."
A few minutes later Rusaell passed
by the window valise in hand.
lie nodded good humoredly to his
uncle as he glanced in who glared
after him in speechless rage.
"He shan't have a penny not a
penny !" he growled as sinking back
in his chair he wiped tho perspira-
tion from his forehead.
"What's the matter now ?" sa'd
the gentle voice of his wife Tolly
who had just entered the room.
"Matter enough I should say
Russell has goneactually cleared out
so as not to see his cousin. What do
you think of that?"
"I think you will have another at
tack of the gout if you get yourself
so excited said the good lady as
Bhe placidly resumed her knitting.
ghat's to be done now?"
"Nothing that I can see. If Rus
sell and Jennie had seen each other
before they had any notion that you
wanted them to marry ten to one
' Live fallen head and
he returned them of which he was
not elow to take' advantage.
From this they fell easily into con
versation; and it was curious bow
sociable they became.
They talked of the beautiful scen
ery through which they were pass-
ing; of the newest books and latest
some of which Russell
had with him.
The lady inwardly thought her
companion to be the mosC entertain-
ing and agreeable man she had ever
met with. And as for Russell he
often lost the thread of his discourse
in admiring the red dimpled lips
and the pearly teeth they disclosed
whenever she spoke or smiled.
Certain it is that his four hours
ride from P to Dightou were the
shortest four hours' ride he had ever
known in his life.
"Where do you want to bo left
Bir : inquired tne coachman as ne
entered the village.
"At Mr. Charles Hunt s. Locust
Hill. Do you know where that is?"
said Russell putting his head out of
the window.
"Certainly sir; take you there in
a jiffy."
"Why there's where I'm going!"
said the lady opening her eyes wide
ly. "Nelly Mr. Hunt a wife is
my most particular friend; we used
to go to school together."
"And Charley Hunt is my most
particular friend and ono of the finest
teilows in the world.
"How very odd."
"How very tortunate" exclaimed
Russell with a meaning glance at
his fair companion which made the
rosy cheeks still more rosy. "Might
I take the liberty of inquiring "
But just at this moment the stage
stopped in front of the house on the
portico of--which stood "air. and
Mrs. Hunt enjoying the evening
breeze
In a moment Russell was shaking
hands with the former while his
companion rushed into tho arms of
bia surprised and delighted wife.
"Why what a happy surprise
Jennie" she said after spiriting her
off to her own room; "1 had given
up all hope of seeing you this sum-
mer." "And
able to
started.
I had no idea of being
come until just before I
You see mamma my step-
you know was going to
mother
uncle Wilder s and she insisted on
my going with her to see that hate-
ful disagreeable cousin of mine that
they aro determined I shall marry.
So when Bhe was busy packing I
just put on my things and slipped
off leaving a note to tell where I
Was going. Was not that a good
joke on them all."
"I should think it was" said
Nelly with a burst of merriment
far more than the occasion war-
ranted. "When I saw who your
companion was I thought you were
on your wedding tour."
"No indeed; never saw the man
until ho get on the stage at P .
But he is the finest-looking man I
ever saw and so agreeable. Who is
he?"
"Oh I'll introduce you when you
come down stairs. There's Sarah
waiting to see me about supper
vou will have only time to dress
;you look your prettiest."
d And with a roguish shake of her
finger at her friend Nellie ran away
tosee about supper.
If Jenny did not look her pret
tiest she looked verv lovely as 6he
entered the supper room her linen
Buit exchanged for a fresh soft mus
lin whose simplicity and purity were
relieved only by the violet colored
ribbons in the hair and at the
throat.
Russell had also taken great pains
with his toilet as could be seen by
the spotless linen and carefullj ar
ranged hair.
The pause that wa3 followed by
Jennie's entrance was broken by
Mr. Hunt who in response to a
meaning glance from his wife said
''Russcl allow me to introduco
you to your cousin Jennie; Miss
Carlton vour cousin Russell Wil-
der." The embarassment which followed
the blank astonishment in which the
announcement threw the parties so
unexpectedly made known to each
other was quickly dispelled by the
turn that waa given to the conversa-
tion by the host and hostess.
"I suppose you'll want to book
yourself for the next stage" said
Mr. Hunt slyly to Russell who
had been taken into his friend's con-
fidence. "And you" said his wife turning
to Jennie.
"I don't suppose anything would
tempt you to remain now that you
have seen that hateful disagreeable
t
"Nellie" interrupted Jennie
ns she remembered her
A cat at Newport Rhode Island
has attained a weight of 31 lbs.
"Home Sweet Home" was com
posed by Sir H. R. Bishop of Eng
land and passed off as a Sicilian air
until it became popular when he
tried to copyright it but found it
was too late.
All the doctors who saw or had
anything to do with the body of
General Ketchum. alive or dead as
sert that he died of poison. All the
doctors who never saw mm either
-1: j. -j i. 4.v
i - r it
" -
aie oi poison.
'fnlltr oVnf fli. Annr it' a frptrinir
P i-i in " i i
awful cold in here! was the r:mark
oi an Albany nusDana as ne nung
hia rnnt. nn hitrhincr nnst. find nre-
pared to retire on the curbstone un-
der the impression that he had ar-
rived at home.
An anti-low neck association has
been started in England by a Bos-
-- - --'-- f 1 r- I
'lauu UJ B -IM 1
ton woman. The members Of the
association are to pledge themselves
v.aiaw ftn wAOAal imHA wart olfv At
.w uv. Fu-.v
inch of cutaneous tissue below the
crevical junction with the superia
thorax and to refrain from going to
court until her majesty rescinds the
rigorous rule which excludes high-
bodied dresses on state occasions.
TEXAS NEWS.
Ua Monday zist insc. aunng tne
storm at Uroesbeck tour little co
lored children were instantly killed
and two more severely injured by
lightning while playing in an old
building
Palestine will Boon he connected
by rail with the rest of the world
The International will have a track
to that point in a few months
Northern Texas has inexhaustible
mines of copper and ironwhile silver
lead and bismuth are said to exist
on the frontier ranges
The Waco Examiner states that J.
H. O'Neal a citizen of Robertson
county has forty-one children. Six
teen of them served in the same Con'
federate company from Henry coun
ty Alabama. He is living with his
eighth wife.
The Odd Fellows of Calvert will
give a grand ball in about two weeks
and a half for the purpose of rais
ing iunds to assist in erecting a
tprrmlfl-
r I
o .i c . i- i
Father Murry is taking subscrip-
i I
t-iiMifl ts Kn i I I n I 'athAliii AhniAh in
iviuiio uunu a vabuviiu iuuiu 11 i
. i yYi . i
hnrh in I
n TT . j. ii
AVUIUOVtUUI AAV U UUbVVVUIUL. II Vil' I
The total debt of Bell county is
only 2161. That county hafi i never
been cursed with Radical officials
which accounts for the economical
administration of its county affairs.
Ed. Labbatte robbed the Texas
Express of $1000 at Giddings on
Monday 21st inst. He was arrested
in Galveston. Tuesday ni?ht. after a
desperate fight with the police in
which he wa3 severely wounded. Most
nf tho tnnndv wnp rpnvprprl n.nd lift
. -i
13n0WIDJaM-
The coal bed discovered on Mr. M.
BIIn'n f- : .v:- i.
.Hampton is farm in this i county
is iiK.eiy io uu more vaiuaoie man
was at first anticipated. Gonzales
TnrtnJrPr.
-1
We hear that there ia a Mexican
nffi.;0i;nMrftmnrnn who Jain WmiAdestrov it. Diffusin"r a Dernetual
with the cattle thieves and purchases
Viuviw iu u w mam w 1 1 aa v aw m vut. hwi
tho riattlft stolen bv them. Tt is Raid
that he kills two beeves a day to feed
and faten hogs. Brownsville Ran.
m. m. .
J.ne ban Marcos limes speaKS 01
. . g. - . - mm
the existence of marble recently dis-
m the Vicinage Ot San Mar-
. . .0 v
cos 01 wmcn specimens nad been
furnished by Dr. Smythe. It is
stated that this marble is of the same
age of the granite and belongs to
the primitive or crystalised marbles.
The Income Tax. People should
prepare to pay their income tax this
spring. Congress will do nothing to
relieve them. This will bo the last
nf whirh arippimpna hnrl hPftn
01 wmcn specimens nad Deen
uunctc 00 mo uuiuua vjn.oa..o
n AntAttAw ft a thA 1M10 rvTnfioitTft
and unjust law will expire this Tear
3V Its Own limitation.
j uvnuuuiuiuuu.
Masonic Notice. nenry Bor-
ches one of the three men murdered
in Hill county some time ago on his
ny UWB iruiu u.ut.as an iubui-
her Of Hondo Lodge of Free and
way home from Kansas was a mem-
Accepieu luasons in coou Biauoiiiir.
- X .? o
1 ..j ht 3 -i-.l:
All brothers of the Order
are re-
quested to exert themselves to bring
the murderers to justice. Any in-
formation addressed to the under
signed committee will be thankfully
received. John Elam.
Ross Kennedy
Henry Ranker
Committee.
Castroyille Feb. 10 1872.
Mrs. Cady Stanton in a recent
letter upon the question of woman those affections of the liver and oth-
suffrage among other things says : er orrfans where calomel is consider-
No depraved or vapid women have
ever vet identified themselves with
this movement. We shall not vote
9IISCELL.4KEOUS.
Thousands ara
emigrating
from
Georgia to Texas.
The silver mines
in Arizona are
assaying immensely
A rum restaurant in this city has
the following sign : "Vitals cooked
here."
"Pull down the nests and the
rooks will fly away." Stop thieving
and Radicalism will perish
The Custom of throwing a 8li"DDer
... . O I
f. v:j : j i
:er tbe bride is supposed
been the origin of Bhoe-fly.3
; "-ffwv. v
ueeu me ongui 01 buoe-uy.j
a. c -l a
VallflTidifflinm'alnQf-. plinnf Mnfio.
- ... tt .. -wT r i
hen was acquitted. He it was Val-
lanaignam wasaeienamg on acnarge
f mnrrlpr at thA timn hn lout his lil.
' --ww - -
lhe -New lork Commercial says :
"Of all the dirtv looking 'iollv tars'
that ever landed at this port those
Of His imperial Majesty the Czar Of
Ru83ia. are about the dirtiest. Thev I
. . . -
15' "V "uuu
an unpardonable barbarity to wash
bUCUi HUUQ tub VW i vwbuva aio v-.
r i ii r
old saying :
"Misfortunes never ceme Bingle"
And so like birds of a feather
The marriages and tbe deaths
Are always piinted together.
The music of tho future Wait for
the Wagner.
Why should artist3 take smallpox?
Because it a sketching.
It COStS Michigan lawyers ?25 10
11 .( A A fl
call the court a d d fool.
farmer in this county who years
ago
.wt
hen a boy blacked boots in
Chicago for a living. He is now
worth 150 and owns three dogs."
If you wanLto- ruia an impulsive
hov. rivo him tllentV of Docket mo-
rni :rii:u! Wo
11U Y . -1.UO 19 lUt.UlU .. II v
nave oituu beeu ii. wieu aiiu ainoro
with the same unhappy result.
t- it tiT ii X. . .
Dr. Mary Walker who insists
upon having the Dr. written belore
her name bv tbe reDOrters savs that
T- .;.ill
ouc uuvci i xuiD. i.t.t. ...
be. In this all mankind we believe
hava chaerfullv agreed to lot her
t I
hiva net VflV. 1
A -rminn. man in Davtnn. Ohio w
. J P . ' I
Si.d over tne tnougnt inai ne nas a
.... . t-i
At Keystone when a lady has a
Call from a srentlemac for whom she
i i i- j t :.. I
Lias no esueuiai niuuuwa oue icvwih
. . v '
him in n nrA i-Antn rrnnfl nut arm
fa"-" j
.
men iargeis iu reuuru
-
L. n'; A t tnm work
rebuilding the nublic buildings of
Paris which they destroyed
The State militia of Florida is
composed of 13297 white men and
12066 colored.
A new source of revenue has-been
devised in Washington. A man was
fined 5 the other day
for curs:
tno rresiuent.
1
I'l"e Drath
The cedar is most useful
when
I dead. It is the
most productive
l . i . "
when its place knows it no more.
Xnere 13 no timoer llKe U. 2 inn in
the grain and capable of tho finest
Ll.ft n nntUf nn ?nr-h will
yvnou iu ivuu vi .w.
I touch it and time ltselt can nardiy
fragrance through tho chambers
q 4
which it ceils the worm Will not
corrode ibe boos wtiicn it protects
I 1 1 .
nor the moth corrupt the garment
which it guards : all but immortal
.. .. af- :ta nm.ont.nin
I AbCVlA 1U WUgiUgt.d Ahw Ulilw "
r:. . v t i ;. i7.
e
I UUalilicB iu uu euia mvuuu iu. um
I i;t: n V.iant nrrtimH if Kvprv
t- ..r. : h- l;fe but tne
. . ' r
t u3efui
afterwards. Luther is dead but
.1 t e i:..-- r
the Reformation lives. Knox
Melville and Henderson are aeaa
but Scotland 8till retains a Sabbath
J . nl..:t:.- .....nt.n o llhlo
1 auu a vunsuau jiw""".
in every hOUSe and SChOOl in every
narish. Bunvan is dead but his
bright spirit Still walks the earth
p c... . . .. -r-.
1 - .
in lis - x iiguui t xiugicoa.
-. 1111:1 . ' - KnT.
. Knfonnlaftrn flllifkened
"a r0f rwrr ia
-J . iL 1 1
rWd Tint the "folden aoDles are
Stlll as fresh as when newly gathered
j o 1 1
in tlm "silvpr basket" of the Olnev
tt T7i- . k. V.o
liymns. wiuv au uu m
missionary enterprise IS young.
jj .
MnJ f JnnnQtft1- ' n:r:t9 ho
COUni llie uijuauuiiv; olmhio t.u
. ... ; - e .1
Vivmiv-lil-a hovn Btnrrprl Irnm trio
I 1UWU1A-11A.V ltww ww .
. TT j- u..i
lunerai-pne : nowaru ia ueau uui.
-pil
modern philanthrophy 13 only com-
mencing its career. Raikes is dead
but the Sabbath schools go on.
Rev. F. Hamilton.
Tomatoes. A chemist of some
celebrity Dr. Bennet by name
considers the tomato an invaluable
article of diet and ascribes to it
imDortant medical properties. He
regards it a3 peculiarly useful in all
0a indisnensable: and believes that a
chemical nill can be obtained from
;t wii.h will altogether supersede
' Tift oavs that it
SOVen men lizard in niS Stomacn; refusing a new trtal. Article 3058 Pas-
some folks are Very particular. chal's Digest provides: "The jury are tbe
DECISIONS.
No. 3S8. Andrew EUriogton v.
the State.
Appeal from Fayette ounty.
This cue was decide! at the last term of
this Court affirming the judgment of the low-
er Court. A motion foi a rehearing waa
sustained and the case U now again submit-
ted npoa additional brief.
In the several bnels tne before ana since
the granting of a rehearing the counsel claim
that tbe judgment in mis case saouia oe
reversed because of the error if tbs Co art
in overruling tbe motion tor a new trial tor
tbe reason that the verdict and judgment
was contrary to tbe evidence adduced on the
trial of tbe cause. And it is contended in
effect that this Court in criminal cases sbonld
. U f - .1.. n.lir ?.. mnA
assume the functioa of tbe petit Jury ana
the defendant and from the necessarily im-
. -s- - -
perfect record of the evidence determine
toe question ui iaci wuemer (us uriuui
ig 2Ut- or not KUiilyi lnd M ruie to gov-
ern tee action of tbisCoun it is said mat
lo warrant a conviction tne evidence
mast
..MnilA aww ntli. livnAth..:. Vint that ftf
the cuiltof the defendant." or in ease ofcoa
viction the judgment should be reversed and
30 Texas 367 as authority in establishing
the above rule. In the 6rst case cited the
-rn.J n.nnrt r.rr. tn r..l.. ..t.hli.h.H h
Starkey Greenleaf and others f.r tbe gov!
ernment of juries and lower Court. in trying
n uuiuuau. fc'-' " kk
an onense; ana
Court we fully
when applied to the proper
recognize tbe wisdom and justice of tbe rule.
But when applied to an Appellate Conrt
where bat an imperfect statement of tbe
facts proven are incorporated in the tran-
script and where tbe Court has no opportu-
nity of seeing the witnesses or of hearing
them testify and is therefore almost wholly
deprived of tbe pnvilrge or power ef judging
of the intelligence and truthfulness tbe bi-
ases and prejudices and consequently the
credibility of the witnesses we fail to discov
er tbe wisdom justice or poller of such an
application and we doubt not tbe learned
autnors rererrea to wouia condemn tne ex-
.nai r 0h . . ... .n. nn..t
as it would in effect work the subversion of
l"e r'f b a lr.lM Dl JurT ani ultimately
Pnn h.l . r..ian. ;;
tion over criminal matters even in relation
to the facts of the case cannot be denied
and therefore it appears from tbe record that
judgment is without foundation in fact.
that judgment should be reversed. But when
the facts of a case have been sob
BnhmillAil In
. i -.. J . -
tellieible verdict that verdict should form
tbe basis of tie judgment of the Court unless
lue name auuuiu nuiicur iu vuo vuurv trying
thft c.ae . be contra to law and lha L
proven. It is true that the lower Court bas
n ngbt 13 haTe ?reat discretionary poWer
to set eside a judgment whenever In the
opinion 0f that Court impartial justice has
not been done But when that Court in tho
exercise of its discretionary power bas re
fused to disturb tbe verdict of tbe jury.
and
the case bas been brought to an
Appellate
Court we think it should then be made to
appear not only that tbe jury bad erred
in
ita varrlicr hut Alan that thft Cnnrt frBt1 in
...
nal case" and in the ctse of Heber vs. tbe
State 2 Texas 21 this Court in the con-
Etruction of tu
.. i
fusalofthelo
I r.
eiruliuu ui tuo avuw dioiulc. uuuo LUD IX
wer Court to grant a new trial.
says: "11 mai
says: "it may wen De oouotea wnetner in
criminal case9 any other questions can be
reversed than tuoae of law contradistin-
guished from those of fact" and in tbe same
opinion tbe Court intimates most clearly
tiiat when there was conflicting testimony.
and a new trial was refused this Court
wouid not reverse the judgment because tbe
same was against tbe weight of evidence.
In tbe case of Killingaworth vs. the State
in 23 Texa3 209 tbe Court says: "Whether
tbe defendant below was guilty or not and
to what extent be was guilty if at all were
questions for the jury" and a similar rule
was followed in Gouch vs. the State 24 Tex.
557; Roes vs. the State 24 Tex. 601; and in
the case of Cox vs. tbe State 32 Tex. 610
tbe Court has fully determined tbe question
under consideration and says: "But it was
the province fef tbe jury alone to weigh tbe
testimony of witnesses and believe the one
and disbelieve the others.
Unlike tbe judge
wno presiues over inais mis uouri aoes not
Dave;norcan it b e put in possession of the
same facilities forjudging of tbe propriety of
granting new trials. .The errors of juries
Diust.be most P'PbIeand apparent to jus-
tifv this Courl in awarding inem by a re.
versal of the judgment oi tbe Court belo
We think the rule there established a correct
one and we are unwilling to attempt to
make one conflicting. Tbe facts proven in
this case appear to be somewhat conflicting
but we think all tbe material facts sworn to
by all the v.-itnestes may be made substan-
tially to harmoniza.
One witness proved that be saw defendant
riding the stolen gelding early in tbe morn
me alter be was stolen and another witness
proved that on the day after he animal was
1 sioieu ueienuani ioiu uim iubv ne ueienuaat
h tr . . pn. . ' p.
for a pony.
un me oiner nana ii was proven oy Bver-
al of deendanl.f witDeJ8e8iPthat PrDCt had
ihe animal in Lis possession soon after the
theft and that he rode the animal off into
aasiern or wonnern lexas. ii was also
proven tuat Pfiace and defendant were on
the jay after the theft riding in company
and if all the testimony be true they must
h alternated in riding the stolen animal
aonarentlv knowincr each others business and
I -
purposes.and ewaping horses with each other.
And it was also nroven. that on th nifrl.t th
animal was stolen Prince came to defendants
huU3e after he had gone to bed ostensibly
i.u .1?..: . .Z.
1 tj uBuc uuiaea. iu id aau umer corruDO-
rating testimony was given on the trial with
out impeachment and under these facts
there can be no doubt that tbe jury were
authorized iu finding the defendant guilty
The proof that Prince was riding the animal
S00Q after the theftWB. no proof lhat defea.
I daot did net ride him and the proof that de-
feudant traded to I nuce a black pony wag
no proof that he did not also trade him the
stolen one nnd it may not be impossible that
the jury attempted to reconcile tbe whole
testimony on the hypothesis that both Prince
and defendant stole the animal together or
rather that both concerted consented and
plotted together to commit tho theft and
then by agreement were to share tho profits.
Under this hypothesis and this alone
could ail or nearly all tbe testimony be
made to harmonize and be in strict accord-
ance with truth and the charge in tbe indict-
ment. It is hardly necessary to say that if
such were the facts of this case taen both
Priuce and the defendant were guilty end in
that CLSe the verdict of the jury would be iu
strict accordance with law and justice. This
was the opinion we arrived at after a careful
study of the records at tbe last term of this
Court; and a re-examination of tbe case now
with the authorities referred to by counsel
have only confirmed our opinion.
The other questions raied by the assign-
ment aie correctly disposed of in the former
opinion in this case and we need not notice
'trrtfett-xoav-
jdgment cf the District Court is ia
3 affirmed. Oodi.
nn of Paper Ilumirs.
a ludicrous incident
. concert last week. I
is an established fact
dies make bustles of
To the mortification
ady attending the con-
eidress caught on the
eat revealing through
3 an illustrated paper
.s the old story of how a
ity was about to be destroy-
ae women were allowed to
and were told that they might
.away on their backs whatever
cnost prized. Each woman
man. Of the present gen-
iit ba3 been said they are so
s in their backs that not many
could be saved under such cir-
stances; but hero was a young
ate creature with the whole
many ring on her back and she
nz as if in sweet unconscioua-
A friend sitting behind her
W her shawl over the "Nasty" ?
re until the dres3 was adjusted.
divorce suit at Bennington.Vt.
Sl'FBEXE ClCRT
I
ttmas week 'was put over to the
-4wn of the court much to the
nation of the wife who bad
arrangements to marry another
on New Year's Jay.
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Weekly Democratic Statesman. (Austin, Tex.), Vol. 1, No. 29, Ed. 1 Thursday, February 22, 1872, newspaper, February 22, 1872; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth277434/m1/2/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .