Wichita Daily Times (Wichita Falls, Tex.), Vol. 9, No. 248, Ed. 1 Sunday, February 27, 1916 Page: 2 of 16
This newspaper is part of the collection entitled: Wichita Times and was provided to The Portal to Texas History by the Texas State Library and Archives Commission.
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T. P
SERVICE
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TELEPHONE 65-1792.
OHIO AT SEVENTH.
- "2
.. i I rig,’
OROINAR r ,
Au
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Dodge Brothers
♦
Mr. Humphrey. 1-
L,
would be suitained.
MOTOR. CAR
he'
¥
Hmmna
{
Feirs
THE MILLER DRUG STORE
We Deliver.
Phones 193 or 925.
grace of line and design. :
722 Indiana
T
Wichita Folia, Texas, Feb. 16, 1916.
3
J. T. WILLIAM* "
himselr to the demurrer.
not be inttmidated."
<. k‘
not read) at thia time
♦
Saye, MeChren and Reynolda.
e;
/
C.
Sandwich
tederal court
diana and Scott, on the site formerly
York on ‘charges di
IU for a lodze room.
Il* wl
States commissioner.
Cheese
(Contima fiom Page Ono)
Mr. Pilgo’s butiding in the fifth un-taken to New York
AUCTION SALE
Kings Gro'y
PHONE
Silverwai
*
and Diamonds
604
721 Seventh Street
Will Co
i
!
the jury list.
Judge Taylor answered that Judgel
• ----- I t
WCAF
- L
FURNITURE
71* 7th 6t
71*
ion oKuknneghska
b 4
J
I f;
■
k ■
IcFALL BROTHERS, Dealers
Dodge Brothers Motor Cars .
L) man, .under
ment in New
would endeavor to bring the mutter
before te_court of criminal appeals
-.2
CHES
THE RI
"rohnhl Nyal Face Cream will do more for your completion than
any- at her tellit preparation. c J . . *
E
A
said Judge Taylor, “but because it is
alleged it must be considered as true
when a general demurrer is filed and
If there la proof. the district Judge
would want to hear it.
WICHITA DAILY TIMES, WICHITA FALLS, TEXAS, SU^BaY FEBRUARY 27,1916 -PART ONE
I
r
Another ne * brick business build-
ing has been started, being that of (I.
W, Filgo op Tenth street between III
MILLINERY DEPARTMENT i
AT PENNINGTON STORE
COURT SUSTAINS
RIGGS’ DEMURRER ’
TO FRY WHOM
proof,"
Mr. Humphrey replied that that pe-
ARRESTED ON CHARGE OF
$800,000 MAIL FRAUDS
Judge Bonner eald that permtaston
to file an amended petition would be
forthcoming.
"But, if I can't see that Hat I don't
Ph
We
One Of the important factors in dispens-
ing drugs is service. If you trade with us
you will be satisfied with the goods and
the price, and more than pleased with the
business.
A. DRAKE, Proprietor
DR. J. D. PROCTOR
Painless Dentist
Office over Morris Drug Store
80205 Indiana Ave.
Office Phone 1415: Realdei.ee 249
.....Wm, -E, HUFF, Treat.
; I OFFICE OF SEGRELARY-
Wichita Mutual Aid Association
Mr. • Humphrey- nald that the judge Taylor announced that
statute intended that the Hat should
inue a Few Days
Longer
*.
+ •
I —:
REDBALL
TKANtrilt CO.
99 Ohio Avenue.
bekept neeret, for a time at .least.
Ne-allegation waw made, he nald, that
the list was a public document, and
he wanted to know who had any biisl-
ness with It save the shevim and the
clerK. The statute, he pointed out,
gave the right to- challenzethe_grund
jury array, and- provided for no oth-
"I bow to the court." said Jdge
Scurry, “I feel sure the court will
It.protents.he alin-/po
yonthfmi 2-
issues Challenge. . /
"There's no evdencethat he did fu
that," Mr. Humphreys replied. NN
"We want to present that evidence!' ”
If you'll give us a chance," said Judge
Seurry, “and not nide behind yoir
and •
Nyal’s Face Cream
__a most enthusiastic endorsement"
service. No matter where you live or
what your order is, we will get it to you r
RIGHTNOW! K
Richardson-Taylor Drug- Co.
“THE DRUG STORE THATGES BETTER SERVCE» '
’ J , ’
GI
orpk -
ta Wintry -winds— keeps It soft, sugoth_and.
If the grand jury is illegally drawn.
I he can move to quash it,"
I "How’s he going to find out if It'*
YOUR BIDIS OUR PRICE
• ' -- . .... . - ■
We Sell the Beat and -the Beat
■ h-----------------------
AMASON. HARGRAVE +OPSITA
Especially Equipped ior the
Treatment of Surgical Casee—
Modern X-Ray Laboratory
NEW BRICK BUILDING
ON TENTH STREET
N.
The tiremileage is unusually high
The price orh Touring Car or Road
ster omplete is $785 <f. o b.
_..... , . .Z--petrolt)-----i---------------
the case wag disposed of. Those here
Included: i. F Barnett, Ceorge Ter-
■ ell J .M. Taylor, Clint Burris, H.F
C. ’McClure, 1 H. Padgett, .1 S,
‘Munsey. John Morrison, J Pohman,
W. B. StroidyewIl.Mays,‛F. eCal-
vin, Bill Yancey.. JTm Minor, John
Vatson, Earl Haire J O. Jones, W.
L: Kizr, Doctor Badgett, B. H.
Jordan, M. M Hurris, R. G. Hellem,
G. McClure, "“Witter Thompson, D,
Dickinson, Tom Hrant, Jim Shoop, H.
‛E Wallace, R M. Sins, J M, Wat-
son. E. M. Reming, J M. Hubbard,
„ji uu mnuunumisu. . Rufe xoftin. Will Benson, Ben John-
Judge Scurry insisted that if the I son, A D Bilingsley, A.- J. Cant-
statements in the petition for man:
dam us were true. Judge Fry had
some interest in the. matter. - / "
Judge Bonner wanted to know why.
It was necessary for an injunction
. - - - j Hat or substitute another list for it,
L. P. Amason. ..I, D., R. L. Hargrave, i was to the court’s interest to know
M D., burgeons In Charge. the state of affairs
806 Brook St, Wiehita Falle. Texas. "I‛m not inmating that this
_____ .-------1 m a f go can be sustained by proof.”
er way of hearing objectons.. . ..
"Certainly," he said, “they would
not make allegations like they have
unless they have proof, and their
proof will remain yntil the wrand Jury
is empanelled."
Judge Scurry-faced the spectators
when he arose to bgin his remarks.
“Can it be possible," he said, “that
they have packed the court room
with a mob to intimidate this court;"
House Moving and
Raising
W. D. Hagerman ,
Phone ’MF.
Not Public Record.
Leslie Humphrey said that
Judge Taylor.
. "The same way he knows it now,
an lie’s alleging it in his petition,” re
piled Mr. Humphrey. i. > rnur-nues Ilir ni Huuvu,
laqughter und applause greeted thim Judge Bonner said that the general,
sally, being stopped when .order was demurrer to, the amended petitioni
demnded..* t..... * - . --------
ver.
By Aswoeiated Preqk.
Tampa. Fla., Feb. 26.--
legally drawn or not,ML he can’t see
the ist," naked Judge Taylor.
"The same way he found out the
things he alleges.", said Mr. Hum.
plrey. ‘I'm sure the court wonid give
him time if he .wished it." He said
that the law gave th". dintriet .clerk
discytion In the premise*, and that
he waa, not compelled to make the,
lint public. .....--
'“Has he Ure right to select those
tn whom he will show UT" asked
Judge Seurry. ,
W. Filgo Starts on Two-Story
Structure Between Scott
and Indiana.
son. A. D. Bilingley, A. J. cant-
well. J. H. Davenport, H. B. Nice-
warmen Sam. DowtUe, County Judge
...................... County Attorney C
Fay Marshall, Sheriff M M. Wallace
and Couty Tomminsioners Hinson,
the store will be put up on request. Seats for
—Office 994; Rer'dence HM
re, store your furniture and do
a goner 1 transfer and heavy baul'an
Fry's right to see the jury Hat was
ths same right that any free eitixen
would have. He argued that if the
judge had to wait until the grand
jury waa empanelled and in the boa
to make hie chailenges, the court
would tell him that he should have
prepared them before.
"hh the first time,".said "Judge
Taylor, "that I ever heard of a man
with a right to exerelne hla eitizen-
ship being denied tsuch a privilege."
istrlot Attorney Humphrey read
the petition of the relator and dis-
eunsed it in detail, contending that
the only right which the relator net
ili> waa baaed upon the eonspiracy
that waa alleged.
"Admitting, for the purpose of thia
ease, that the charges are true, said
Mr.Humphrey, "it does not show the,
relator’s interest for he has an ade-
quate remedy by. seeking to quash.
Suppoke they did destroy the list, the
statute lays down a simple rule to
follow, In such cases.”
Spectators Applaud. >
"How will he know whether II is
the original lint or not?" Interjected
think there'* a free nigger who ____ .. . ___________.. . ______
wouldn't have that right. I'm not want to amend the petition and furth.
saying a* to the proof of these charge*, ermore, I don’t want to represent
but the fact that they are alleged 1st (his relator,” replied Judge Taylor.
sufelent,". . A recess was taken, however, while
The Relator’a Rights. ' the amended puzitton; Ba sat out above
Judge Bonner asked to hear a djr was being prepare. The amendment
cusnjon of the relator’s right to see was read by Judge Taylor
Bonner Interrupted to Inquire If the
relator would 'announce ready. Judge
Taylor then announced ready.
The respondent’s general demurrer
was then read, and Mr. Marshall,
speaking on the demurrer, said that
the code of criminal procedure gave
discretion to the dintriet clerk as to
when the list of grand juror* should
be opened, and that until it was
opened It was a secret document, in
the theory of the law. He said that,
construing the statutes strictly, there
was nothing In them to require that
such lists be made public.
Dentas There la Proof.
The petition of the relator, Mr.
Marshall continued, showed that none
of the interests or equitable rights
oi the relator were at stake in the
matter, and that no injustice to the
relator had been shown. Referring
to the charge of conspiracy in the re-
lator's petition, Mr. Marshall aafd:
“He knows in his own heart that it
can’t be proved.*'
Taking up the petition and read-
ing the charges It contained, Mr.
Marshall said they are "vague, uncer-
tain and scandalous"
Replying to Mr Marshall, Judge
Taylor said that so far as he waa
concerned, he would not contend that
i there waa any conspiracy, but that
; where It was alleged that there wan
i mi intent to destroy the grand jury
amended patition did not abow that;
the grand Jury list waa a public re |
cord, nor did it show Fry's interest j
"That's what we want to show If,
we can see this Hat,” Antersoned
Judge Seurry.
“What Interest could he have?” In-)
qwired Mr. Humphrey.
"To prevent an indictment ' tetnr
returned against himseir" said Judge
Taylor.
"Of course, if he wants it No he can
see the grand jurora, he ought not ,
t see it," aald Mr. Humphrey, "and
T J TAYLOR
DR. J. F. REED
A man’s car in its sturdi-
ness-andswift resppnoo
- a woman’s ear in its
We buy • the Beat. Consequentiy
The B. HFPennigton Store will
open a new department, that ‘of mil- •
to be sought to relieve these rights.
County Attorney Marshall al this
juncture laughed.
“You may well laugh." said Judge
Scurry, “If you succeed in piittins
this scheme through." He made
some reference to a "bug under the
chip, a nigger in the woodpile." DiN-
trict Attorney Humphrey objected to
this character of argument.
The Right to Ohaileng,m • -
Judge Scurry skid, referring to the
relator’s right to challenge the, grand
jury array, that he could do that
when he knew who were. summoned
on the grand jury, and that was
what he was trying to find out
eame up yesterday left early.In the
day-in automohiles and most of them;
started Tor home immediately after
- . -f.
" Men use Nyal Face Cream after the shavesit smooths and soothes
tiie skin adescomfort to the shave, Het a Jar today you'll like it
in the rights-of Fry.
! That -ended the argunient
district slerk treated the grand jury
list as part of his private -file, he said,
that the situation was presented. |
Judge Bonner wanted to know if
the cane didn't boil down to an ap-
plication for an injunction to stop
crime, Judge Taylor replied that it '
was not an injunction but a man-
damus, that was sought. Judge Bon-
ner contended that a mandamus was
really an injunction, and pointed out J
that an injunction waa liot to prevent
perpetrationofcrime, but'was appli-
<able only where property rights were
involved. Judge Taylor died the fact 1
that the mandamus was used to com-
pel public officers to do certain
things in the line of their duty. He
contended that lawyers, as officers of
the court, had as much right to see
the grand jury list as the clerk and I
sheriff, who, he aald, were also ofli-i
cere of the court; It was not con-
templated, he concluded, that It shonld
be kept secret from on'siderund not
from the other. . —
Sustains Demurrer.
Mr.' Marshall, replying briefly,
pointed out that the relator had oth-
er means of relief, not only by chal-
lenging the array of grand jurors, but
li he believed a conspiracy existed,
by going before any jnatlce of the
peace in Young county and filing a
complaint. }
Judge Bonner announced that the
demurrer would be in all things-sus-
talned.
Judge Taylor then filed a formal
motion for the coart to ancertain if
the grand jury list were present and
to furnish it to attorneys for the re-
lator “for the purpose, and only for
the purpose of permitting th attor.
ninceonm Objects to Argument,
DiRE-’-NS District Attorney iLesile Humphrey
promptly objected, and Judge Bon-
ner asked Judge Scurry to confine
linery Monday at their establishment
on Ohio avenue. Mrs. C, S. Mar-
shall. formerly head of the millitiery
department of Monnig’s at Fort
Worth will be in charge of this new
department. Her recommendations
are excellent and her experience as-
sure* the success of the Pennington
millinery venture:"
. Buy, Ball, Exchange and Repair .
BONDER fuKNiTURE «O
It becomes our sad duty to inform you of the deaths of two of our mem-
bers, Mrs. J. A. Brown, who held Policy No. 555, died verx suddenly
from paralysis; and Mrs. Amos Moriis, who held Policy No. 996 died
ronowing a short illhess of pneumonia Both of whom lived in Wichita
Falls. Yolrure now assessed $2,00 each. This assesament must he paid
ay March nth, under penalty of sus pension . We have' puid the- Benell,
ciaries of our deceased members llO.OOojH) in the paat-wo year*. We
cun isstie a few more polictes in our class No. Qn.
We belong to the best and cheapest Protective Association In the coun-
try. It I* cheap enough for the poor and 1 good enough for the rich,
therefore we number all classes among our membership. Remember this
is the only kind of protection you can carry at actual cost, and remem-
ber those for whom you carry this protection and keep it in force by
sending this Asdessmen, DO IT NOW. Send to First National Bank or
direct to the Secretary, N. N. DURRETT, Secretary
break up a combination tn dentroy
the ends of the ariminal law. I don't
Telephone 626
' - I
general demurrer," ■ ce ------
-What.diference could it make If bee"1 * %
the county judge saw it, with rela-j YoifftweNE
tion to Fry’s right" -asked Mr.! L- -
Humphreys, “II* a frivolous charge . “7-—- 4
under the guise of a mandamus."- 1". —p-—
•'Then why not let us make the
proof? countered Hudge Seurey, "we;
challenge you to let it* submit the
neys to ascertain the course they wish
I to pursue." He aald an amended
“Any citizew, any other citizeny petition waa qontemplated.
vould have the right at any time to
KEEP IN MIND THE
QUALITY .
—OF—.
OUR CONFECTIONS
Any article in
• -----—. :---7
Said Mrs. Wood to Mrs. Brown, _
M'll.gdt Nyal Face Cream down town,
Said Mrs. Brown to Mrs. Wood.
There’s’ noria other quite so good.
Many of Ilie leading beauties in the land have 0iven to - ;
* t I
. ' -
PAGE TWO
at Austin next Wednesday, that be-
lug the last day that he cou!d hope ,
to du any good I here Mr. Marshall ! Should be None to Good for You.
let it he known that he would alsol =- . .
be at Austin when the matter came There’s A Difference!- "
Many FromVoung Gounty:
-,The Young county citizens who
tition set up no interest or eguity
Blue Hill Brand spreads Ilka
butter. Plain Creamatso
Pimento.
der vonst ruction or plnned for mhe
outlying parts of the business district.
The Masonic temple, the Perkins-Sni:
der building, the Henderson Bland
building and the SalvationArmy build- ;
ing. are all outside of the old business i . . .
district and mark the gradual exten-i
sion of the downtown-secton to thel
westward Still other buildings aret ; —
contemplated, but annguncemens are
S ladies. Present given at each sale.
KRUGER BROS. "S"!™
Of Jewelry, Cut Glass, Sterling Sil
You sei Nyal Face Crem rulin,- into the nkin.not ont/ It's
zreaselessand iar-a-nu fascinating odor whicp bring an alde1
charm T-: . :M "7
in short, an ideal car for two. laung—-
log room for both; and luggage room
for both Beautiful finih and ayny:
consisteut performance- no atter
.. . .. what you ask it to do or where you
- ask it tog.______
I
Grant
indict
Calla Noa. 9 and 10
-wak J.L. McCONKEY, Pres.
GEO. A. HAWKINS, Vice Pres.
This is the greatest opportunity to buy wedding gifts, birthday
gifts, graduation gifts, and aricles for personal use
AT YOUR OWN PRICE!
-. Judge Taylor spoke again, Haying
that his part In the case was devoid
of any feeling. He said that if eith- ---------- —........... ——......,
er District Attorney Humphrey or J occupied by a Chinese laundry. The 1 using ′ malls to! defraud to the ex.
County Attorney Marshall believed j foundation is already laid for a two- jtent of $300,000 while operating uu-
that Bitch conditions existed an wereistory ntrurture, 23-80 feet. The ground dr the fin* name of John H.’Put.}
set forth in the petition for man- floor will be used for a store roome nam & Company today admitted hl* l
damus, they wouldn't stand for it, while the econd story will be fitted 1 identity when taken before a tinited
He aald that what the relator was — *---*------- 1
trying to do was not to challenge the
grand jury array, but to keep fru
having to do so. It was because the
* •
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Wichita Daily Times (Wichita Falls, Tex.), Vol. 9, No. 248, Ed. 1 Sunday, February 27, 1916, newspaper, February 27, 1916; Wichita Falls, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1566055/m1/2/?q=food+rule+for+unt+students: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Library and Archives Commission.