The Galveston Daily News. (Galveston, Tex.), Vol. 36, No. 270, Ed. 1 Friday, February 1, 1878 Page: 4 of 4
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- V
A. H. BELO & CO., Proprietors.
Friday, February 1, 1878.
THE CITY.
Indications.
For the West Gulf States: Warmer, clear or
partly cloudy weather, followed by increasing
cloudiness and rain areas southerly winds and
fallirg barometer, followed in Texas by rising
barometer and colder northerly winds.
[Observations taken at 3.24 p. m., January 31.T
Locality. I Bar. I Ther
Galveston... 29.81
Corsicana... |29.691
Indianola... j'29 82
Denison |2'*.t>8|
Fan Antonio 29.62!
Brownsville.'29 80
Fort Sill 29.-19,
Wind- I Rain Weath.
- -
SW
s
s
NE
S
s
ne
12|
7'
201
a
J
.CO Clear
.00 CMear
.00! Clear
.00 Clear
.COCiear
.C0i Clear
.0i'|Fair
Change of barometer in last eight hours—
Galveston. .08 fall; Corsicana, .16 fall; In
dianola .11 fall.
Change of thermometer in last twenty-four
hours—Galveston, 4 rise; Corsicana, 11 rise; In-
lianola. 6 rise; Denison, 5 rise: San Antonio,
1 fall; Brownsville, 3 rise; Fort Sill, 9 rise.
Record.
Taken by the Signal Officer yesterday
for the twenty-four hours ending at
9.49 p. m., shows maximum tempera-
ture GO degs., minimum 42 degs.
Nortlier Anticipated.
Washington, Jan. 31, 1878—To Ob-
server, Galveston: Up signals in ad
vance of anticipated norther. Lowest
pressure near Fort Sill. Signals also
ordered up at Indianola. Kilbouhne.
Run Over.
Last evening about 8 o'clock as Mr.
S. F. Carter waB crossing Market street,
near Twenty second street, a horse with
a buggy attached ran against him,
knocking him down and inflicting a
severe wound over his eye. Fortunately
he escaped without other serious in
juries.
Trtmont Opera House.
Joe Murphy, the Irish comedian, of
well established reputation, commences
an engagement of five nights at the
Opera-house on Tuesday^ next. He
will produce the play of Kerry Gow, a
production said to be peculiarly adapt-
ed to his talents, and meritorious in
many essential particulars.
The Weattier.
The norther has gone, but the gentle
breezes that follow have retained the
fragranco of the frost in their breath,
and while the "Italian skies" hang
over the world the old prognostics
come back to their haunts and brag
about the superior facilities possessed
by this city for the abundant manufac-
ture of lovely weather.
Strawberries.
Mr. E. M. Stringfellow has three
vines of strawberries, that have been
exposed to the weather during the
whole winter, and are now bearing
ripe fruit. Let no man after this ques-
tion the tropical advantages of this sec-
tion. Mr. S. says that if he had known
three months ago what he does now
about raising strawberries, he would
now have five hundred plants produc-
ing this luscious fruit.
Costly Joke.
Five or six Knights Templar of this
city were requested by a Galveston
Knight by telegram from Austin to
come up and attend the meeting in that
city of the commandery. The youngest
Knight addressed in the telegram
replied in an answer over the wire, and
had some five dollars worth to say,
winding up with the significant little
term, "Collect." When all parties
meet again there will be some amuse-
ment over a comparison of notes.
Social.
La Favorita Club danced the German
last night at the residence of Mr. and
Mrs. A. P. Lufkin, corner Bath avenue
and Avenue H. The evening was
agreeably passed, the attendance good,
and the entertainment handsome at the
hands of the host and hostess.
The hop of the cadets of the Galves-
ton Military Institute takes place to-
night at the Tremont Hotel. The mili-
tary companies are requested by the
committee to come in uniform. The
preparations for the event are of such
a nature as to warrant the prediction
that the occasion will be a most enjoy-
able one.
Tbe Stone Cutler*.
The vacant lots in rear of the site for
merly occupied by L. & H. Blum's
wholesale house, between Strand and
Avenue A, are the scenes of a novel en-
terprise in this city. About eighteen
meD, with their mallets and chisels, are
making " music in the air " while the
great rough blocks of stone are trimmed
into artistic shapes preparatory to be-
ing used in the construction of the Cot-
ton Exchange. A flat car loaded with
rock came in last night, and rock
will arrive until the orders out are
filled. The joists on the first floor of
the building are in place, while every
day the piles of brick around the new
structure increase in size. Every pre-
paration for the speedy prosecution of
the work seems to have been made, and
soon what is promised to be the finest
building in Texas will be on the high-
way to completion.
THE MUNICIPAL ELECTION.
Preliminary Note, on the Undevel-
oped Outlook.
There is just enough interest being
exhibited in the coming aldermanic
election to show that the matter is not
entirely ignored. The mayor's announce-
ment in this paper, in official form, of
the election and places in the six wards
for holding the same, has brought the
matter before the public, and as each
day passes a perceptible increase of in-
terest in the question of who shall be
the six aldermen for election in March
is Boticeable.
The aldermen whose terms, by the
new charter, expire in March are: N.
H. Richer, J. Runge, C. H. Moore, J.
H. Hurt, Thomas Collins and J. D.
Skinner, these gentlemen being repre-
sentatives of the six odd wards. The
first move in the canvass, so far as as-
certained, was tbe impromptu gather-
ing in the First Ward in favor of Frank
Marlow. The next move of signifi-
cance was the meeting of citizens to
form a greenback club, whose platform
clearly indicates an intention to make
municipal politics a matter of attention
by the body referred to. Auxiliary
greenback clubs are contemplated
in the different ward?, and it
is believed that a move in
this direction will be made at
the meeting to be held next Saturday
night. Whether this element will unite
with that of the Tax-payers' Associa-
tion in the selection of candidates, is
jret to be seen; and if such be the case,
and the combination so made is to pro-
ceed without reference to any particu-
lar party, the Democrats will find it
lively in the coming contest. There is
just enough of the political breeze stir-
ring to show that it will not be sur-
prising, though not specially probable,
if several strong, well organized in-
fluences are developed before the
lapse of half of the thirty days pre-
ceding the election. In the Third
Ward it appears that a lively race will
take place, provided certain influences,
two at least, continue to grow—one in
favor of retaining the present incum-
bent, and the other looking out for a
new man. In the Seventh Ward,
friends of Joseph Franz are agitating
his name, while the ever-wakeful Fifth
is slowly moving; her vigilants are
watching, and may form in solid pha-
lanx at any moment, if indeed they do
not divide into more than two sections.
As only four weeks and a few days
remain before the 4th of March, elec-
tion day, it is reasonable to suppose
that the people will soon be thoroughly
aroused to a proper participation in the
canvass, and if the subject has not yet
already been considered, it is now
high time for voters to realize the fact
that half the body which presides over
their interests and conducts the ma-
chinery of their government is to be
chosen.
Major F. Charles Hume, chairman of
county Democratic executive commit-
tee, being asked if any steps had been
taken to call the ward clubs together,
excused himself from giving any in-
formation on the ground that he was
busily engaged in professional duties.
Could Not Fool Him.
Yesterday about noon, as Sheriff Jor
dan was sitting in his study at his resi-
dence, on Market street, looking over
some papers, his attention was attracted
by a terrible scream, apparently of
some one in the deepest despair. He
started to his feet at once, when an-
other scream greeted his ear3, which
was followed by other and more heart-
rending screams. Hatless he rushed
down stairs and into the store, from
which the terrible sound proceeded. He
felt sure that he had a murder case to
deal with, and he braced himself up for
bloody business. He at once saw an
elegant, young-looking lady with a
baby in her arms, who was weeping
and screaming: " My baby is dead; my
baby is dead!" Acting on Bayard Tay-
lor's suggestion that "the bravest are
the tenderest," tbe "high sheriff" made
no effort to keep the big tear-drops from
his eyes that welled up from his sym-
pathetic heart. He took the little baby
in his arms, gave it a shake, handed it
over to his wife, who had followed
him, and in his excitement recommend-
ed that she give it a drink of brandy.
By this time he had caught the excite-
ment that was devouring the distressed
young mother and he tried to console
her. He ran to his wife, and seeing
that the baby had awakened from its
sleep, he came back to the mother and
said: "Madame, your baby is all
right. I told you there was nothing
the matter with it. I knew there was
nothing the matter with it, and by the
time you are the father of as many
children as I am you will know how it
is yourself." Amid the laughs thatfol
lowed the sheriff disappeared.
Fire.
Last night, about 8.15 o'clock, Officer
Murray discovered a fire in the small
two-story building on Twenty-second
street, between Winnie and Church
streets, belonging to Mr, Marwitz, and
occupied by Mr. Hoffman as an uphol-
stering establishment. The alarm was
sounded from box 7, to which the de
partment responded. The fire origi
nated in a lot of moss which was stored
in a back room, and when first discov-
ered, the officer says, could have been
extinguished with two bucketfuls of
water, but he was unable to get it, not
being acquainted with the premises.
The stock was insured with Mr. Stowe,
in the Atlantic Company, for $400. It
is reported by the fire warden as but
* 1 aHSbl'y damaged. He was unable to
--^"say whether or not the building was in-
sured; it is but slightly damaged. Mrs.
McCracken, who lived in a room ad-
joining. had her bedroom furniture
Dadly damaged, on which there was no
insurance.
Another alarm, which proved to be
premature, was sounded from box 7 at
10 o'clock, to which the entire depart-
ment also responded. It was occa-
sioned by a lot of grease catching fire
in John Biron's restaurant, on Center
atreet, between Market and Postoffice;
no damage done.
Close of the Libel Case,
The preliminary hearing of the charge
of libel, preferred against Nathaniel
Hiller by Captain Thorndike, of the
stranded bark Edward McDowell, was
concluded in Justice Gilbert's Court
yesterday morning, and resulted in the
accused being held in the sum of $100
to answer before the Criminal Court
whatever indictment may be returned
against him. Major Ilume opened the
argument for the prosecution. He read
the statute defining the offense of libel,
and dwelt upon the evil effects that
must necessarily follow the unbridled
liberty of speech, and particularly
when statements that are not true and
that are calculated to injure character
are indulged in. Mr. Languille follow-
ed him for the defense, and dwelt upon
the necessity which compelled the pro-
secution to take steps in the prosecu-
tion before the court after the publica-
tion of the article upon which it was
predicated. He said that with the pri-
soner unrestrained of his liberty the
owner of the vessel stood in a fair way
to lose the insurance he held upon it,
and that in order to secure silence the
rigors of the criminal law were invoked
and hence the prosecution. Major
Hume closed the discussion and com-
mented severely upon the line of argu-
ment followed by Mr. Languille, saying
that it was not in keeping with the
ethics of the profession. The court-
room was as usual filled with specta-
tors, who manifested more than an or-
dinary interest in the result of the ex-
pminatioBs.
THE COURTS.
U. S. Circuit and District Courts.
Hon. Judge Morrill, District Attorney Bald-
win, U. S. Marshal Phillips, C. Darf, Clerk.
9y4. Lock & Co. vs. Corpus Christi, San
Diego and Rio Grande Narrow Gauge Railroad
Company. Continuance set aside. Judgment
for plaintiffs, by default. Clerk to assess the
amount.
United States vs. Frank W. Glenn. Hatch
for plaintiff. Case referred by District Judge
to Circuit Court, Judge Wood, March 18th,
special term. ,
United States vs. C. P. Rheini. Internal
revenue. Compromised and ordered dismissed
by the Hon. Commissioner of Internal Reve-
nue.
Adjourned to Friday, February 1st, at 10
o'clock A. M.
Couuty Court.
This court convened at the usual hour yes-
terday. Present, Judare Williams, and the
officers of the court. The minutes were read
and approved and the following business was
disposed of:
Felix Half! vs. J. Grossmejer. Judgment
by default. Clerk to assess.
'Yeager Milling Company vs. Geo. Schneider
& Co. Plaintiff has leave to amend.
Western Electric Manufacturing Company
vs. l. E. Curtis etals. Plaintiff's general de-
murrer overruled. Judgment for defendants
on verdict of a jury.
Jas. A. McKee vs. C. & C. G. Bush. Con-
tinued as on affidavit of defendants.
probate docket.
In the matter of the estate of John S. Syd-
nor, deceased. Application for change of
terms of sa'e granted. Sale to take place
first Tuesday in March on credit of 12 months,
statutory security to be retained, etc.
Court of Appeal*.
All the judges present and the following or-
ders made yesterday;
Frank Huebner vs. State of Texas. Appeal
from Bexar. This case was argued by Assist-
ant Attorney General McCormick for the
state, and by Judge Waelder, of San Antonio,
for appellant. It was submitted on argument
and briefs of both parties. The appellant
was originally convicted of cow-stealing in
Bsxar county.
U. S. Circuit Court.
C. l. 994. Lock & Co. vs. Corpus Christi,
San Diego and Rio Grande Narrow Gauge
Railroad Company. On motion, continuance
set aside and referred to clerk to assess. Judg-
ment fo** plaintiff for $1871 94.
Ch. 118. Wm. Chirles vs Tom Moore et al.
Motion by defendants to set aside decre pro
confesso. Complainants d< mur to motion.
Motion sustained and demurrer overruled.
Held, that decree pro confesso is well taken,
and further held, that answers in equity
causes must be signed by the defendants.
Cause set for Wednesday, Feb. 6, 1878.
Col. James Warren Jones, of Houston, ad-
mitted to practice in the U. S. Circuit and
District courts, and license issued to him ac-
cordingly.
U. S. District Court.
D. Cr. 1548. The United Stat»R vs. C. P.
Rhein. Compromised; 3510 specific penalty
and costs. United States Attorney announced
that terms have been complied with, and
judgment entered accordingly.
Construction of Rule 45. in Admiralty:
Appeals must be made while the court is
sitting, or within 80 days from the rendering
of the decree. Should the sittings of the
court consinue longer than 3'J days from the
rendering of the decree, then appeals can be
made while the court is in session, although a
period of 40, 60 or 90 days may elapse tiom
such rendering.
Supreme Co«rt.
There was no session of this court yester-
day. It convenes to-day for the transaction
of such business as may come before it.
Justice Gilbert's Court.
State vs. Nathaniel Hiller. libel. Defendant
held to answer before the Criminal Court in
the sum of $100.
Justice Brosls's Court.
State vs. Caroline Harris, violation article
382; fined $2 and peace bond of $50 required.
Recorder's Court.
S. Graves, disorderly conduct; fined $3 and
costs, or five days in jail and to lab :r on the
streets.
Ellen Jones, drunk and unable; dismissed.
Edward Mills, drunk and dowu; fined $1 and
costs, or three days in jail.
S. T. F ontain, failing to be assessed on oc
cupation and refusing to pay license tax for
1878; dismissed, defendant having taken out
license since arrest.
Query; "Why will men smoke com
mon tobacco, when they can buy Mar
burg Bros. ' Seal oe North Carolina,
at the same price? "
The name of the manufacturers on
the cans in which Dooley's Yeast
Powder is put up is an absolute guar-
antee of what the label states. In other
words, you can depend on full weight,
and purity and strength Jof material,
which never fail in their purposes. All
housekeepers glory in it as the ne plus
ultra.
Notice.—S. Mooney having made an
assignment of his assets for the benefit
of his creditors, ali parlies indebted to
said S. Mooney are notified to make
payment of the same without delay,
and also those holding claims against
said 8. Mooney will present them with-
out delay to me. M. Schram, Assignee.
Teetli ! Teeth ! Teeth !
Artificial teeth from 12 to 15, at Dr.
Hamner's, corner 19th and Church sts.
Notice.—E. Fribourg having made
an assignment of his assets for the bene
fit of his creditors, all parties indebted
to said Fribourg are notified to make
payment of the same without delay to
me. M. Schram, Assignee.
Local Jottings.
The melodious strains of the organ
grinder are present to remind the pious
inhabitants of this mighty metropolis
that the mendicant is in their midst.
The norther had hardly got beyond
the civil jurisdiction of this city before
the full-fledged birds of Bolivar Point
were singing their siren songs in the
ears of the lazy loungers in comforta-
ble parlors. The musquito that can live
through the winter will never die in
springtime.
Active, energetic heads of families
and owners of homesteads are taking
time by the forelock and are gently
trimming up the oleanders that grow
along their sidewalks. A few of those
more industrious still may occasionally
be seen doing garden work on a small
scale.
The coming of Momus and his court
is beginning to be the talk among the
little people, who have formed all sorts
of ideas of the splendid sights that will
reward their expectations during the
festival.
Sly drinks are imposed upon unsus-
pecting voters by a few of the modest
office-seekers who would not be an al-
derman for the pay of the mayor's of-
fice, but who, nevertheless, have some
curiosity as to the amount of strength
they could concentrate in the event
they should ever become a candidate
for public favors.
They are to have a circus in New Or-
leans soon, but, alas! it seems that such
a blessing will come to these shores
never again.
Local Personals.
Gus Mortimer, manager of the Mur-
phy theatrical troupe, has arrived and
is stopping at the Tremont. He has
been i& the show business about twenty
ysars, and is well known as a manager
and actor.
Leopold Weiss and J. Sonnenthiel
leave for New York to day via St.
Louis.
Hon. J. V. Lea, formerly member of
the Fourteenth Legislature, from San
Jacinto county, is in the city in attend-
ance on the Court of Appeals and Su-
preme Court.
J. Waldo, general ticket agent Hous-
ton and Texas Central Railway, and J.
S. Lazarus, agent Missouri, Kansas and
Texas Railway, passed through the
city yesterday en route to New Orleans
Rev. J. J. Clemens, rector Christ
Church, Houston, was in the city yes-
terday.
I. G. Searcy, Secretary of State, is in
the city.
visited the cotton exchange.
Capt. Davis, bark Lord Clarendon.
Look Out.
This is the last day in which the drivers
of vehicles for hire and unlicensed can
save themselves from the dire vengeance
of the law. Every body who drives a
public vehicle and can not produce his
numbsr painted in black letters on a
green ground may consider himself as
past the pale of pardon and virtually
condemned to the penalties made and
provided for such cases by the city or-
dinances. A word t3 the wise ought to
be sufficient.
Can't fetand tlie Kub.
It is asserted on good authority that
the bottoms of the Morgan steamers are
being seriously reduced in thickness by
the friction they experience in running
over bars and crossing shoal places in
the ship channel, which is again filling
up slowly.
Where there's a will there's a way
and those who would be cured of hypo,
chondria and kindred ailments can find
the way by using that unequaled tonic
elixir, Home Stomach Bitters.
Dr. Hamner, one of the most skillful
and reliable dentists in the city is a grad
uate ot the Baltimore Dental College.
Fire Alarms.
Galveston, Jan. 81, 1878.
Eds. News—The card published in
your morning's edition headed " False
Fire Alarm," calls for an explanation
During the first year the fire alarm sys-
tem was in use in this city, there were
only two or three false alarms given,
and as the city has not purchased nor
paid anything like what the fire alarm
has been worth for the use of it, I did not
wish to go to the expense of purchasing
new locks and keys. On account of
there having been several false alarms
recently, I ordered, several days since,
the new locks, which will be placed
upon the boxes as soon as received.
The value in having these locks men
tioned has been perfectly understood
in the Fire Department, and among all
who take any interest in such matters
for some years. L. E. Curtis,
HOTEL ARRIVALS.
TREMONT HOTEL.
J Pine us, New York; Jas Smith, Lexington.
Ky; W M McMillan, St Louis; R R Robbins,
Round Rock; L C Shepherd, city; George A
McDonnell, Houston; J R Adams, New Or-
leans: C Q Pearce. Boston: Sam Schwarz
Hemp tead; Jacob Waldrom, San Antonio;
C H Rende, Laramie; Frank Compton, Little
Rock; Fred Rodgers, Houston; G W McCabe,
St Louis; W H Brown, Boston; G A Mortimer,
Joseph Murphy Company; C Shutter, New
Orleans; H H Rengo and wife, Mra W E
Thurston, Ky; Thos Welder, St Mary's, Tex;
FM McLaugalin, Indianola; GH Willis and
wiie, Galveston; J EnUheimer, Crockett; D
M Murchison, Crockett; Ben Levy, Galves-
ton; RK Callender, city; W T Bennett, Bos
ton; Wm Weekes, Galveston; TR Jenkins,
Piltsburg; Oscar Murray, city: J H Miller,
Texas: A T Simon 1s, Mas3; Thos F Rcdgers,
Jamestown, Va: V G Curran, Little Rock; W
R Jackson, Memp' is; J N Stuart, Vi ksburg;
C H Felton, city: ydney T Morse, Alabama;
James Torrev, \\ coosin; Wm Bradley, New
Orleans.
WAS-TX !TON HOTEL
S S Gregory, cio ; T J Coffau, Sulphur
Springs; T D Stanford, Trinity; A F Hooks,
R D Hooks, Alabama; F C Prichard, Texas;
H B Nance. Jas O'Connor, Gonzales; H S
Townsend. Weimar; A B Chitton and wife,
Marlin; Otis Hackett and family, Waco: Jno
S Smith and family, Bremond; JCC Winch,
J W Jonez, Houston; Hy Henning, M Gilder,
Beaumont; M S Munson, A E Stratton, Bra-
zoria.
COMMERCIAL HOTEL.
A Kuchne, St Louis; P J McDonald, New
Orleans; L N Walthall. Marion; J H Ercke-
ner, Sandu ky, Ohio; E J Cook, S M Cook, St
Louis; Mrs Duncan, Calvert; Mrs C Riley,
Rockdale; M E Davis, Hockley; E M Masteri,
city; J Gilmore, San Antonio.
GIRARDIN HOUSE.
J J Clemens, J W Mellinger, Houston; H E
Tansick, N Y; E Schorbach. NO; EH Blonn.
Sheboygan; A J Cordier. F M Ronan, C D
Jones, J A David, N Y; Wm T Hardie, N O; C
L'nommedien. Detroit, Mich; J P Limeburn-
er, Pa; S Taliaferro, Houston; Dave Levy,
Texas; T J Sheridan, Pa.
Mrs. Julia A. Moore, the " Sweet
Singer of Michigan," is not proud. She
lives in a modest, weather-beaten cot-
tage, has several children, but no hired
girl, wears her long black hair flowing
wildly about her shoulders, and goes
without shoes and stockings on wash
days. All great poets are eccentric,
they say, and Julia is averse to being an
exception. A poet, we should think,
would want to be free-footed as well as
free-handed, to write such charming
verses as Mrs. Moore's.
Help for the weaK, nervous and debilitated;
chronic and painful diseases cured without
medicine. Electric Belts and other appli-
ances, all about them, and how to distinguish
the genuine from the Bpurious. Book, with
full oartieulars, mailed free. Address Pot-
vja*achia Galvanic Co., 2S3 Vine itreet,
Cincinnati, OUo.
BOGUS COTTON Bl'YERS,
An Attempt to Swindle Throush a
Fraudulent St. Louis Concern.
The St. Louis Times has the annexed
warning to planters and merchants
against a bogus cotton buyer who is
supposed to have flooded Texas with
his circulars:
Postmaster Filley and Mr. Charles
W. Simmons, secretary of the St. Louis
Cotton Exchange, are on the lookout
for a middle-aged, heavy-set German,
who has been receiving letters directed
to him both at the postoffice and at the
Commercial House, under the names of
S. Adler, J. Koch, S. Koch, S. L. J.
Koch and D. H. Hubert. The man io
believed to be a fraud on the wholesale
order, and from letters addressed to
him, but which fortunately fell into
the hands of Mr. Simmons, he is sup-
posed to have flooded Texas and Ar-
kansas with circular letters, offering
pood prices for cotton for the St. Louis
Cotton Exchange, whose officers, as
represented on the head of his letters,
are 8. H. Branson, president; James
Poltcck, vice president; and Daniel H.
Hubert, secretary. It is hardly neces-
sary to state that there is but ODe Cot-
ton Exchange in St. Louis, and that no
one connected with it, either as officer or
member.bears the name of S H.Branson,
James Pollock or Daniel H. Hubert.
The Cotton Exchange does not deal in
cotton at all, though its members of
course do, and no cotton is bought for
or in the name of the exchange. One
of the bogus letters that fell into Mr.
Simmons's hands, was written by J. S.
Kilburn, of Ferris, Texas. Mr. Kil-
burn says that he has considerable cot-
ton for sale, and is satisfied with the
prices offered by Mr. Adler, but as some
of the cotton-growers in Texas have
been swindled lately by consigning
their cotton to bogus firms, he will not
sell his until he is certain that the St.
Louis Cotton Excbangejis a solid insti-
tution. All shipments of cotton re-
ceived in St. Louis are reported daily
to the Cotton Exchange, and Mr. Sim-
mons says that no shipment has been
received as yet for the bogus firm that
he and postmaster Filley are after.
Serious Charge Against Eoator
Butler.
The Cincinnati Enquirer, January
28, has the following special dispatch
from Washington, dated the day be-
fore:
The Times says that serious charges
against Gen. M. C. Butler, senator from
South Carolina, were made and sub
slantiated in the suit of Lysander D.
Cbilds and John P. Southern against
Wm. E Everett and others, the judg-
ment-roll in which has just been filed
in the county clerk's office in this city.
From the facts a3 disclosed, it would
seem that while a delegate to the Tax-
payers' Convention of the State of
South Carolina, he made a bargain
with a number of persons engaged in a
speculation in South Carolina bonds,
whereby he was to use bis influence as
a member of the convention to further
the schemes of the speculators; that in
consideration for such conduct on his
part he was to receive ten per cent, of
the profits which should accrue to the
speculation from the action of the con-
vention, and that he really performed
his share of the bargain. The agree-
ment itself, which was introduced and
sworn to before the referee, is as fol
lows;
"A. M. Courtenay, John B Palmer,
William E. Everett, John S. Murdock,
of Columbia, South Carolina; Robert
Murdock, of Charleston, South Car»-
lina—New York address, Postoffice box
2644; office of Courtenay, Everett &
Co , No. 83 Pearl street, New York.
" Whereas the undersigned, being de-
sirous to take action to reinstate the
bonded debt of the State of South Caro-
lina, it is hereby agreed, and the under-
signed do agree, to pay to M. C. Butler
and M. W. Gary 10 per cent, of the net
gains that may arise from the purchase
and sale of at least $300,000 of said
State bond?, the increase to be measured
by the advance due from an indorse-
ment of the public meeting to be held
on or about the 3d of May next at Co
lumbia, approving the payment in full
of all the bonded debt of the State;
and aeree to use their best efforts to
that effect, in consideration of said 10
psr cent, aforementioned. New York,
April 17, 1871. W. E. Everett, L. D.
Guilds, J. P. Palmer, (by L D. Childs,)
J. P. Southern. We accept the terms
of the above agreement. M. C. Butler,
attorney, etc.; M. W. Gray, attorney-at-
iaw." _
Sergeant-major McCarthy.
|From the Irish World.]
A cable dispatch was received in New
York last Wednesday from Dublin, an-
nouncing the death of Sergeant-Ma jor
Charles McCarthy, one of the recently
released Fenian prisoners who, with
the others, had reached there on the
Saturday before, and whose enthusias-
tic reception is described in the papers.
He died suddenly at 91 o'clock, Tues
day morning, in Morrison's Hotel,
where he had gone with the other three
prisoners to breakfast with Mr. C. S
Parnell, M. P. for Meath county.
Charles McCarthy was born in Fermoy,
county Cork. He entered the Brit-
ish army as a private soldier. He was
sent to" the Crimea, where his brave-
ry and intelligence soon procured him
promotion. He pariicipated in almost
all the great battles of that war, and
was twice slightly wounded. Almost
immediately after the conclusion of
peace his regiment, in which he then
held the rank of sergeant, was sent to
India, and the great Sepoy rebellion
broke out. During the struggle Mc-
Carthy won fresh distinction, and was
once seriously wounded. He was deco-
rated with the Victoria Cross for ex-
traordinary bravery, and recommended
for a commission, but a characteristic
incident prevented it. Having been de-
tailed for a storming party at the siege
of Jhansi, McCarthy and those who
were to face death on the morrow
passed the greater part of the previous
evening sitting round a camp fire tell-
ing stories and singing songs.
They were Irish almost to
man, and as they thought of the
morrow their thoughts went back to
the old land, and soon the songs began
to assume a positively treasonable tone.
McCarthy had sung, " My Emmet's No
More," and was called upon a second
time, the men standing up and joining
in the chorus, when a suDerior officer
came upon the scene. He sternly re-
proved McCarthy and demanded an ex-
planation. " We won't fight any the
worse for England to-morrow, sir,"
said McCarthy, " by remembering that
we are Irishmen to-nigi.t. Our first
allegiance is to Ireland."
McCarthy went home to Ireland a
color-sergeant in the Fifty-ninth foot,
and at the time of the Fenian excite-
ment was stationed at Carrick-on-Suir.
He threw himself into the movement
heart and soul. He swore into the con-
spiracy nearly half of his regiment, and
got skeleton keys made to open the
armory. It was a time of deep ex-
citement, and men of higher rank
than McCarthy were more than
suspected of wavering in their
allegiance. Entrapped by a spy,
a head constable in the constabu-
lary named Talbot, afterward shot in
the streets of Dublin, McCarthy gave
him his confidence and was arrested.
The trial showed that Carrick-on-Suir
and Clonmel, two very important and
stragetic positions, were about to be
placed in the hands of the insurgents
almost without a blow, and this, taken
in connection with the too apparent
fact that the whole army in Ireland was
honey-combed with Fenianism, alarmed
the government, and induced them to
take the measures which ultimately led
to the utter collapse of the insurrec-
tionary movement. McCarthy, with
about twenty others from various regi-
ments and all arms of the service, was
sentenced to be shot, while a larger
number were sentenced to short terms
of imprisonment and a larger number
still eccaped by deserting. The sen-
tence was afterward commuted to penal
servitude for life, and McCarthy passed
the remainder of the time, until his re-
lease, in Portland, Dartmoor and Chat-
ham convict establishment.
HOUSTON L0C4L ITEMS.
[Reportortal and busineffe office: Scanlan
building, opposite tha Postoffice.]
Houston, Jan. 31.
To-day was a most delightful spring
day, and was taken advantage of by
large numbers of ladies who had been
dobarred from shopping by the mud,
which has almost passed away.
Some "educated birds" were the at-
traction to-day, laige crowds of ad-
mirers collecting around each perform-
ance, but scattering quickly when the
hat was handed around.
The Central Railroad Company re-
ceived 128 cars of freight from the in-
terior this evening. Most of this was
cotton, which is coming to the road
quite rapidly.
The Stoddard Combination arrived
and opened to a fair house in "The
Lancashire Lass, or A Party by the
name of Johnson."
The San Jacinto Rifles hold their re-
gular monthly meeting Monday even-
ing next. They will in a body attend
the Presbyterian church on Sunday
evening preceding.
Two social hops came off to night.
The colored benevolent association
celebrated the anniversary of their or-
ganization at the colored Methodist
church.
At the concert on Wednesday even-
ing by the Choral Society, the opening
chorus was "Now the Roll of the Live-
ly Drum." A duet by Masters Smith
and Risle'y followed; then "Come
Away, the Camp Fires Bum," by the
full choir. After Dr. Clemens had
closed his lecture, " Come Away, Pret-
ty Maiden" and some other selections
were rendered. The entertainment re
fleeted credit upon the pastor and mem
bers of the choir.
On Monday evening an old gentleman
named Shuller, who owns and works a
large vegetable garden near the city,
disappeared. Nothing has been learned
of his whereabouts, though diligent
search ha3 been made by his son3 and
the police. Foul play is suspected,
but as yet is pure conjecture.
An important question to come be-
fore the City F.ithers to-morrow even-
ing is whether Houstonians shall con-
tinue to carry hand lamps when going
home at night or shall have the street
gas relighted. Kerosene lamps on the
corners "have been suggested, being
cheap.
A free lecture, by Samuel Harper,
upon the Ruins of Egypt and other an-
tiquities, is announced for to-morrow
evening. It will be given in the Fifth
Ward School-house, and commences at
7 o'clock
The Lyceum met to-night—their reg-
ular night for debate. It is presumed
that their petition to the City Council
for the use of the " Annex " chamber
will be favorably considered. Alder-
man Gentry will submit a resolution to
this effect.
A street car driver on the new rail-
road leading to the city cemetery was
seriously injured on Wednesday even-
ing by the switcher striking a portion
of the trusswork on Long bridge. His
injuries are such as to incapacitate him
for working for some time.
At the residence of Mr. Sanborn, on
Travis street, will be given a masque-
rade party on Monday night.
Mr. Ed. Smallwood has retired from
the management of the Evening Age,
Messrs. Joe Smallwood and George W.
King assuming control.
The Sunset and Central railroads will
issue excursion tickets to Mardi Gras
in Galveston and New Orleans, charg-
ing one fare and a fifth for the round
trips; tickets to be good for seven or
eight days.
Another installment of 150 soldiers
are en route from St. Louis to San An-
tonio.
Officers and directors of the State
Fair Association do not contemplate
holding the fair before fall, if then.
The Pomological Association bfgin
their series of entertainments to-mor-
row night. The Rev. Dr. B. F. Kava-
naugh will deliver the opening address;
Prof. Shawoowitz, of the Sam Houston
Institute will follow, and Col. John T.
Brady close.
Freights on the T. and N. O. road
are rapidly increasing. That company
expects to place two more trains on the
track soon. Goods were left both at
Beaumont and Orange to-day because
the engine could not pull them. A train
of sixty-four cars left Houston to bring
in freight. A new station has been
opened on the T. an! N. O. R. R. three
miles east of Liberty. It is called
Ames, in honor of Mr." Oakes Ames, of
Boston, a director of this company.
A little son of Mr. Simmons was
knocked down and run over on Main
street by a hack about dusk, the wheels
passing over his neck and shoulders,
but not seriously injuring him. He
walked from Dr. Foley's drug store, to
which he had been carried.
A lady, who has been accustomed to
take her market money from her bus
band's pockets while he continued his
morning nap, found, upon presenting
the bits of pasteboard she had taken
one morning, that they were not a new
style of street car tickets, but checks
for sundries received by him at the
club. She knows now that the story
won't do when he comes home at night
and says his lantern would not burn.
local personals.
General Nichols, U. S. A , and wife,
with a party of friends from Indiana,
are guests of the Barnes House.
Major E. C. Dewey, of Huntsville,
much improved in health, is visiting
the Bavou City.
Mr. W. D. Cleaveland was called to
Huntsville to-day on business.
Major J. Waldo, of the Central, and
Mr. Lazarus, of the M., K. and T., left
to-day for New Orleans.
Judge James E. Shepherd, of Austin,
en route to Huntsville, where he exam-
ines penitentiary affairs every month,
was at the Hutchins House to-night.
Col. Pete Ross, sheriff of McLennan
county, was also a guest of the Hutch-
ins House.
judge cook in chambers.
State vs. Jake Meyer, for forging two
names to an appeal bond. Defendant
was brought before Judge Cook on a
writ of habeas corpus. Motion to re-
duce bail made by Attorney Crank.
Bail reduced to $500, former bail being
$1000. Prisoner released on giving
bond in the sum required, with Z. Em
mel and A. Cramer as sureties.
HOTCHINS HOUSE ARRIVALS, JAN. 31.
A Folsem, San Antonio; D C Martin, Mis-
souri; T S Jones, C R Brown, Kansas City; T
C Howard. San Antonio; J 8 Lazarus, St
Louis; A P Bennett, Denison; F H Risrgs. M
Kohn, N Y; Wm Van Bryclr, Milwaukee; P F
Boss, F G Edwards, C R Williams, Waco; A M
Palmer, I&GNRR;EC Dewey, Texas; GS
Thebo, N Y; Geo C Douglas, Ga; Jas E Shep
ard, Austin; Jas S Kirk and wife, Chicago; J
Bolden, NY; AH Stuart. Marshall; H A Par-
rish, H L Stule, Texa«; T F Carroll, Crosby; F
E Shirt, St Louis; J W Johnson, Columbia; G
W Scoddart and wife. Louise Dillon, May Tay-
lor, Chas Frohman, Stoddart Comedy Co.
ARRIVALS AT THE BARNES HOUSE JAN. 31.
H H Jacocks, Detroit; H O Pope, St Louis;
S M Cummings, Schulenberg; R S Todd, wife
and child, Columbia, Mo; Richard Bowler, Bt
Louis; Gen and Mrs Nichols, U S Army; Mrs
Geo Holiand, Miss Marie Brinkley, Richmond,
Ind; W S Davidson, Galveston; Aib Kuehce,
Sl Louis; G Baer, Matagorda; R B Glaze, Den-
ver, Col; H F Williams and wife, St Louis; F
C Allen, La; A W Ferguson, Tvler, Tex; W Y
Leader, Austin; Ed Cohen, New York; Mrs H
Carter, 8an Antonio: Robt Smith, Galveston;
W A Ellis, Texas; G W Chess, Houston; G
Lock, Calcasieu; Henry Hennig, H S Gilder.
Beaumont; John J Glenn, Medina county; W
H fohnson, Sherman; H S Whitehead, Colum-
bus; Joseph Mann, Texas; D M Angle, Willis.
In modifying Shakespeare, an East-
ern journal substitutes the Yankee
" darn " for the Shakespearean swear-
word. The effect is peculiar;
Emilia—You told a lie, an odious, darned lie.
Upon my soul, a naughty lie!
Othello—O, I were darned in the place-of future
punishment beneath all depth.
But that I did proceed upon just
grounds.
Othello—Ay, let her decay and perish, and be
darned!
English romance: Beautiful young
woman runs off with handsome actor.
They are sought by her ma and sympa-
thetic young cousin. After three weeks
they are found. Beautiful young wo-
man does not faint, but philosophically
bids the actor adieu, saying that her
duty to the sympathetic young cousin,
whom she had married secretly a month
before her elopement, compels her to
return to her rightful lord. The ma
faints.
THE EASTERN QUESTION.
Austria's Attitude.
London, Jan. 31 —The Vienna cor-
respondent of the Times, referring to
reports about the Austrian note
to Russia, says: At the beginning
of the war the government informed
Russia that her continued, even if
professedly temporary, establishment
of her power in Bulgaria would not
be viewed with indifference, and
there can be no doubt that the occu-
pation of the province after peace is de-
clared, either with the ostensible view of
consolidating the new organization or as
a pledge in payment of the war indem-
nity, would meet with the earnest op-
position of Austria, in whose eyes it
would amount to little else than an in-
direct way of establishing Muscovite
power and influence on the right bank
of the Danube. Still with all this any
rumors as to diplomatic action going on
at present, must be received with great
reserve.
Adrianople, Jan. 31.—The Russian
Grand Duke Nicholas arrived here by
railway from Hermanlik, and took
quarters in the governor's palace. The
Russian vanguard has occupied Bo-
daski, Haskoi, Demodica and Kuk-
kilisia. The Czarowich's army has
crossed the Lom in force. The Turks
everywhere are retreating upon the
fortresses of the quadrillateral.
News From Tliree Capitals.
St. Petersburg, Jan. 31.—The gov-
ernment at noon yesterday had no in-
foimation that an armistice was signed.
London, Jan. 31.—The Vienna cor-
respondent of the Daily Telegraph states
that an Austrian note, energetically
protesting against anything affecting
Austrian or European interests being
altered without the concurrence
of all signatory powers, will
reach St. Petersburg on Monday night.
Tne correspondent says he has good
reason to believe that if the answer
does not meet every point clearly and
definitely, mobilization of the Austi ian
army will be forthwith decreed. Ger-
many will not interfere.
The same correspondent says an offi-
cial dispatch received in Vienna an-
nounces that the Russians have occu-
pied Bourgaes and Rodesti. He hints
that there is a secret understanding be-
tween Ruseia and Turkey. There is no
confirmation of these moveaients from
any other source.
Paris, Jan. 31.—The GaxCoh declares
it has authentic information from Ber-
lin that the three emperors' alliance is
re established—Russia, at the request
of Germany, having modified the peace
conditions obnoxious to Austria.
ENGLAND.
What May Transpire In the Com-
mons.
London, Jan. 31.—It is stated that
the question is to be asked in the House
of Commons to-night respecting corre-
spondence between Mr. Gladstone and
Negropontes. It will be remembered
that Mr. Gladstone some time ago was
accused of inciting the Greeks to at-
tack Turkey. He refutes the charges
and challenged the Diily Telegraph,
which printed the charge, to produce
its informant. It is reported that the
question to night will elicit the fact
that Mr. Layard, ambassador at Con-
stantinople, furnished the charge to the
Daily Telegraph's Constantinople corre-
spondent.
London, January 31—Mr. Cross said
Foister's speech was intended to create
a feeling that there was a party in the
government which desired the credit in
order to apply it to warlike purposes.
This imputation he distinctly denied;
he also declined to admit that the vote
was intended as a general vote of con-
fidence. All the government asked was
that the money Bhould be granted
which might be necessary, and that it
be given in full confidence that it
would be used if absolutely necessary.
The government had never swerved
from the policy of Lord Derby's dis-
patch of the 6th of May. He charac
terized speeches made against the gov-
ernment outside of the House as lying
speeches. (Cheers from the ministerial
bench ) He had not believed until he
saw it that the amendment would be
put, but he had no doubt it would be
defeated by an overwhelming ma-
jority.
Mr. Cross spoke an hour and ten
minutes. He commented on the delay
in making known the terms of peace
and coincident rapid advance of the
Russian forces, and pointed out that
the delay was not caused by the Turks,
but by the Russians. He asked where
was the strategic reason for Russian
advance on Constantinople when the
basis of peace was already accepted by
Turkey.
" He taunted the opposition of being
friends ot the Russians, and maintained
that seeing the Russians still advancing
the government was bound to persevere
in the vote. The governmsnt must ex
erciBe the right to be heard in the final
settlement, and if it be heard at all it
must be backed by the estimate now
submitted. The governments only ob
ject was a substantial and lasting peace.
The House was very lively during
both Fos'er's and Cross' speeches.
Cheers and counter cheers from either
ftde.
Debate was adjourned until to mor-
row,
CHINA AND JAPAN
A Batch of News via San Francisco
San Francisco, Jan. 31.—The steam-
ship Gaelic arrived last night from
China and Japan, and brings Hong
Kong dates to Jan. 4, Shanghai to the
5th and Yokohoma to the 14th.
A Canadian missionary named Mc-
Kay had been attacked by mobs in
Sampson Formosa and threatened with
death if he remained on the island.
He refused to withdraw, though the
Chinese officials declared they could
not protect him. The result of his
persistency is not yet known.
It is reported in Shanghai that the
former United States Consul General,
Mr. Meyers, would be immediately re-
instated. If this be true, it will be re-
garded as a severe blow to United States
Minister Seward.
G. Wiley Wells had been appointed
inspector of consulates, etc , and was
about to commence a course of general
investigation.
The conflict continues between Gov.
Pope Hennessy and the Hong Kong
community, the governor insisting upon
absolute reforms in the treatment of
the Chinese inhabitants, which is said
to have been hitherto scandalous.
The County Treasurer's Statement.
Eds. Neics—In looking over the coun-
ty's annual statement in your issue of
January 29 it appeared to me that tha
commissions to collector and treasurer
paid to them should be included in the
statement of expenses as well as the
commissions paid to the assessor, viz.:
Commissions to F. R. Dean on tirelre
months collections $2,979 73
Commissions to l&te treas-
urer, his part -
Commissions to T K.Thomp-
son, big part
~ '- |3,000 00
$5,979 73
Add this amount of omission, $5979
72, to total footing, $41,982 25, will
make correct total expenses $51,911 97.
The county statement is complimentary
to the Commissioners Court for econo-
mical management and to Assessor Mc-
Cormick for energy and efficiency. The
civil and criminal district courts ex-
penses are very heavy; the judges
should try to make them lighter. There
are some points in the comparative
statement I do not understand. I pre-
sume the treasurer can explain.
C. C. Johnson.
On a recent trial a witness was asked
as to the common sense of Joseph
Buckley. " When Buckley was so-
ber," he said, " he was very sensitive,
as sensitive as any other man; but
when drunk he was very exagger-
ated." _
Colonel Bob Ingersoll does not seem
to know whether he thinKs there ia a
hereafter or not. On the whole, he ap-
pears to rather hope that there is not.
SYNOPSIS OF DECISIONS
OF THE COURT OF APPEALS.
Delivered at tbe Galveston Term,
January, 1878.
[Reported for the News by DavU & Sayl«s,
of the Galveston bar.]
Dick Richards vs. the State of Texas.
Appeal from County Court of Houston coun-
ty. Opinion by Presiding Judgs Ector. Judg-
ment affirmed.
1. In cases of misdemeanor, if the defend-
ant does not except to the charge of the court
at the time it is given, he can not be heard to
complain of it in this court.
3. Charges that are not marked filed as the
law provides will not be considered.
3. When the verdict of the jury is not with-
out evidence, it will not be disturbed.
4. It is proper to let in evidence tsndlng to
show the intent with which defendant made
the assault, thoueh the evidence shows an as-
sault with a different weapon than that de-
scribed In the indictment.
Sam Fagan vs. the State or Texas.
Appeal from Hardin county. Opinion by
Judge Winkler.
1. It is r»ot a good ground for a new trial
that the prosecuting witness told the defend-
ant before he went to trial that he would tes-
tify in a certain way. and that when placed
on the stand his testimony was different.
3. When the testimony is conflicting the
verdict of the jury will not be disturbed.
Allen Brows vs the State ofTexas
Appeal from Houston countv. Opinion by
Judge Winkler. Judgment affirmed.
Misdemeanor—Charge theft of a Ho£.
1. It is objectionable to charge: "To jus-
tify a verdict of guilty you must believe from
the evidence beyond a reasonab'e doubt, that
the hog in question has been killed, and tbat
the defendant is the guilty party." But the
court will not reverse a judgment in a misde-
meanor case on account of an erroneous
charge unless excepted to at the time by
regular bill of exceptions.
Frank Bdtler vs. the State of Texas.
Aopeal from Houston county. Opinion by
Judge Winkler. Judgment affirmed.
1. It was not error for the court to refuse to
charge the jury that the defendant was not
KUilty of theft if he took the flour in daytime,
in the presence of witnesses, and stated to
them that he took the fljur to pay himself for
Sunday work he had been doing for the party
to whom the Hour belooged.
2. The charge of the court was correct and
the finding of the jury will aot be disturbed.
Lccv McCov vs. tbe State of Texas.
Appeal from Houston county. Opiuion by
Ju'ge White. Judgment affirmed.
Indictment charges the appellant with She
theft of a sweep on the 10th of May. 1875. The
owner of the property alleged to have been
stolen stated: "I had a certain sweep plow in
the fall of 1876. • * * I needed the sweep
in the month of April or May, 1877, and it was
gone. I had seen it there at the furthest
within three weeks of the time I missed it."
The court say: The verdict and judgment are
without evidence tosupport them. If the evi-
dence is true it proves an entirely different of-
fense from the one charged, viz: one commit-
ted nearly two years after the one alleged in
the indictment.
Kobert Corlev vs. the State of Texas.
Appeal from Houston county. Opinion by
Judge White. Judgment affirmed.
An indictment for disturbing religious wor-
ship is sufficiently certain of tha place where
the congregation were assembled that
charges that the appellant, " in the county of
Houston aforesaid, did willfully disturb a con-
gregatien assembled for religious worship,"
etc.
W. P. Young vs. th* State of Texas.
Fscape »fter appeal, effect of.
When a defendant makes his escape during
the tendency of the appeal the jurisdiction of
this court no longer attaches to the case.
Bill Simpson vs. the State of Texas
Appeal from County Court of Houston
county. Opinion by Presiding Judge Ector.
Judgment affirmed.
The jury in all cases are made the exclu-
sive judges of the facts preven and of the
weight to be given to the testimony, except
where it is provided by law that proof of any
particular fact is to be taken as either con-
clusive or pre-umptivfc proof of the existence
of another fact, or where the law directs that
a certain degree of weight is to bn attached to
a certain species of evidence.
John J. Burton vs. the State o» Texas
Appeal from Houiton county. Opinion by
Judge White. Judgment affirmed.
1. It was not necessary to allege that the
party making the assault by presenting a pis-
tol at the defendant was within carrying dis-
tance of the pistol.
2. It was not error for the court to charge
that it was incumbent uron the defendant to
show that the pistol was not loaded
Jim Owens.
Appeal from the State of Texas, Houston
county. Opinion by Judge White. Judg
ment affirmed.
1. In an Indictment under an act to regu-
late the keeping and bearing of deadly weaa-
ons. where the Indictment charges that the
defendant did willfully go into a ball-room at
Mrs. where an assembly was then
and there congregated for social pu'posev. It
was not necessary to allege that a ball rr
dance was going on in the room, or that the
social gathering was composed of men and
women, or human beings as contradistin-
guished from othsr animals, these things
being matters of proof.
2. By the third section of the law regulating
carrying deadly weapons, no person except a
peace officer, not even the owner, unlets he is
a peace officer, can enter a ball-room with a
deadly weapon, and it was not error in the
court to so charge the jury.
Martha A. Rabb vs. the State of Tex vs.
Appeal from Nueces county. Judgment re-
versed.
Indictment for olisrtucting a public road—
Allegata and Probata must correspond—
When motion lor new trial should be grant
ed.
1. When an offense Is charged with unneces-
sary particularity it. is necessary to prove the
offense as described.
2. Indicment charges the particular class
of road that is alleged to have been obstruct-
ed by defendant, and the proof failing to es-
tablish the class of road as alleged, the judg-
ment of the lower court must be reversed.
3. The verdict of the jury is contrary to the
evidence and the lower court should have
granted a new trial as asked for.
Margaret-Meult vs. the State ofTexas.
Appeal from N ueces county. J udgment re
versed.
Indictment for obstructing a public road—Al
legata and Probata must correspond—When
motion for a new trial should be granted.
1. When an offense is charged with unneces-
sary pariicularity it is necessary to prove the
offense as chirged.
2 When tne verdict of the jury is contrary
to the evidence, the lowar court shcnld grant
a new trial.
D. D. Claiborn vs. John W. Kinset.
Appeal from Goliad county. Judgment re-
versed.
Appeal from Justice's Court.
1. Record of Justice's Court must show that
there was a motion for a new trial made and
overruled in the Justice's Court.
2. I. is improper to allow tha appellant to
show that there was a verbal motion for a
new trial made and overruled.
Wm. Taylor vs. the State of Texas.
Appeal from Calhoun county. Judgment
reversed.
Declarations made by defendant while In pri-
son. Charge of the court.
1. Declarations made by a defendant while
In prison for another ofTense, to form a link
in the chain of circumstances upon which tbe
State re'ies for a conviction can not be used
in evidence against him.
2. A motion for a new trial should be granted
In a felony case when the verdict of the jury
is not supported by the charge of the court.
Papal Affairs.
London, Jan. 31.—Specials from
Rome say the Pope has ratified plans for
reconstruction of the Scottish hie
rarchy, appointed two archbishops and
four suffragans and will hold a con
sistory shortly to give palliums to the
archbishops. The Pope's health is im-
proving. It is thought the ultramon-
tane cardinals are trying to bring about
such relations between the Vatican and
the Italian government as will lead to
removal of the conclave from Rome.
MARKETS BY TELEGRAPH.
FINANCIAL.
foreign.
Paris, January 31.—Specie decrease in
the Bank of France for the jweek, 9,0J0,00U
francs.
domestic.
New York, January 31.—Gold opened at
1C2H-
Evening—Money easy a* 5®6 per cent. Star-
ling exchange dull at 4t<2j^. Gold weak at
101%. Government* are firm; new 5s, 1U5>^.
State bonds are steady.
stocks are steady. New York Central
105%; Erin 9% ; Lake Shore 62 ; Illinois
Central t-ittsburg 71J4: Chicago and
Northwestern 35%; Chicago and Northweatern
preferred 62}^; Hock Island 99*4; Western
Union 76^
sub-treasury export.
The Sub-Treasury balancer are: Gold 1102,-
691,942 C4. currency. 835.831,197 09. The 8ub-
i ■ easurer paid out $112,600 on account of in-
terest and £215,000 for bonds. Customs re-
oVpts $29,010.
New Orleans, January 31.—Gold 102J^@
102% Sight exchange ou New York at
par. Sterling exchange, bank, 492
Forelsn Cotton markets.
Liverpool, January 31. —Spot—moderate
inquiry which is freely supplied. Sales 10,000
bales, 7100 of which were American; to ex-
porters and speculators 1000 bales. Imports
11.000 bales, 10,900 of which were American.
Uplands are auoted as follows: Ordinary
5Jt)d; Good Ordinary 5?id: Low Middling
6d; Middling Uplands, t^d; Middling Or-
leans, 6^d.
Arrivals opened 132d lower and closed
dull. Basis Middling Uplands, Low
Middling clause, from any port:
December-January delivery 6 l-16d; Janu-
ary - February delivery 6 1- 16d ; February-
March delivery 6 l-16d; March-April delivery
« 1-lGd; April-Mav delivery 6 3 32d; May-June
delivery 6)^d; June-July delivery 6 5-32d;
January-February shipment 6}£d; February-
March shioment 6 5 32d; March-April ship-
ment 6 3-16d; April-May shipment 6Hd.
Havre, January 31—Holders are pressing
**Tres Ordinaire (spot) 76f: Low Middling
(afloat) 75C. per 50 killogrammes, or 110H
pounds.
Domestic Cotton markets.
New Yore, January 31.—Spot closed quiet
but steady. Sales 541 bales. Texas quoted
as follows:
Ordinary 8 13 16; Good Ordinary 9 15 16; Low
Middling 10 ll-16c; Middling 11 3-16; Good Mid-
dling 1113-16?.
Futures closed firm. Sales 77,200 bales.
February 10.94; March 11.08; April 11.93;
11.35; June 11.47: July 11.52; August
I; September 11.81; October 11.12; Novem-
11.00.
New Orleans, January 31.—Market Is quiet
and weak. Sales 5400 bales.
Low Ordinary 7J4c; Ordinarv e«c; Good
Ordinary 8%c; Low Middling 9%c; Middling
Good Middling ll)4c; Middling Fair
Mav
11 59
ber 1
1194c.
PRODICE MAKKETS.
DOMESTIC.
Baltimore, January 31—Noon.—Flour quiet
and unchanged; Howard street and western
superftue S3 75£fr4 25; extra $4 50@5 25: fam-
ily $5 75©b 25; City Mills superfine $3 75©
4 2>; extra 4 50@ 5 25; Rio brands $6 75©
7 00; Patapsco family $8 00. Wheat—southern
quiet and steady; western dull; southern red,
good to prime, $1 25®1 35: amber $1 35@1 37;
Pennsylvania red $1 33@1 34; No. 2 western
winter red, spot, $1 32}i: February delivery
$132^ Corn—southern a shade firmer: west-
ern active and easier; southern white 54©55c;
yellow 54c.
■New Orleans, January 31.—Flour is dull;
unchanged; superfine $4 50; double extra $5;
treb'e extra $5 25@5 75; higher grades $6 01)
©6 75. Corn steady and in fair demand at 48
®50c. Oats in fair demand; choice Galena
35c. Cornme&l dull and lower at $2 35. Hay
quiet: quoted—ordinarv $13 00© 14 00; prime
$15 0,1® 16 00 ; choice $17 00© 18 On. Pork is
quiet but firm. $12 00. Larf quiet and steady;
tierce 7J4©8J4c; Keg 8^4©894 Dry-salt meats
quiet ana we&k; shoulders. 4J^c for loose;
4M©49£c for packed; clear rib sides 5%©6c;
clear sides 6>^©8>4c. Bacon quiet and steady;
shoulders at 5c; 5^©594c for clear rib sides;
79fi®7?6c for clear sides. Hams quiet and
firm; 9©10c for choice sugar-cured, can-
vassed, asin size and brand; uncanvassed
8J4©9c. WhigKy steady and lower; Louisiana
rectified $1 07; western rectified $1 10. Coffee
active but no; quotably higher: ordinary to
prime cargoes lE94®18>$c, gold. Sugar is
firmer; common to good common 4-?4©5^c;
fair to fully fair 594©6}^c; prime to choice
694©^c; yellow clarified 8©8l£c. Molasses
firm; common 18®20c; fair 24©2Sc; prime
tochoice 29©40c. Rice is quiet and steady;
ordinary to choice Louisiana 5}4®b94c. Bran
steady at 95c.
New York, January 31—Evening—Flour
—grades of extra between $5 and $5 25 steady
—other kinds dull and in buver's favor; su-
perfine western and State $4 00@4 6'J—closing
du'l: southern flour quiet anil unchanged;
common to fair extra $5 30©5 90; good to
choice extra $5 95®8 00. Wheat &©lc bet-
ter; moderate export demand; $1 35 for un-
graded white western. Corn opened firmer
and closed heavy; 57^®58>$c for vellow
southern; 60^c for white State. Oats easier.
Onffee—Rio k&c lower but more active; 14Hi®
1-94C, gold, for cargoes; 14X®19c, gold, for
job lots. Sugar quiet and unchanged; 7)4©
T^c for fair to good refining; 7%c for prime;
refined quiet: 9e for standard A. Molasses
—foreign is nominal; New Orleans quiet and
steady. Rice quiet and steady: for
Louisiana fair te choice; 594®7c for fair to
choice Carolina. Petroleum firmer; refined
ll^c bid. Tallow steady at 79gc. Rosin un-
changed at $1 57HS1 60 for strained. Tur-
pentine firmer at 31c. Pork dull and heavy;
new uninsrected mess $11 50. I-ard a shade
easier; prime steam $7 67^®7 70 WhisKy
firmer at $1 08 asked. Freights quiet and
firm ; cotton to Liverpool, sail, J4d; steam, )4d;
wheat, steam, lOd.
St. Louis. January 31. — Flour is stronger
and in good demand. Wheat higher: No. 3
red fall $1 16^; No. 4 red fall $1 05 bid;
No. 2 spring $1 0394 bid. Corn higher; No. 2
mixed 42c; new 34J4c. Oats higher; No. 2,
25)4c. Rye is duU at 50©50)4c. Barley dull
ana unchanged. Whisky is lower at $1 02.
PorK dull and lower; mess $10 90®11 00. Lard
firmer at $7 25®7 30. Bulkmeats quiet and
weak; only jobbing trade. Bacon easier but
active; shoulders 5®5)£c; clear rib sides 696c;
clear sides 6940.
Live Stock markets.
St. Louis, January 31.—Hogs quiet and 51ow;
light packing $3 80®4 00; extra heavy $4 05
@4 15. Cattle stronger and in good demand;
corn-fed Texans S3 00© 1 00; prime to choice
native shipping steers $4 70@5 00; fair to good
shipping steers $3 80®4 25. Sheep steady and
in good demand; extra heavy shipping mut-
tons $4 50©4 65.
Tbe Antecedents of Disease.
Among the antecedents of disease are in-
ertness in the circulation of the blood, an un-
naturally attenuated condition of the phys-
ique, indicating that the life-current is
deficient in nutritive properties—a wan. hag-
gard look, inability to digest the food, los3 of
at petite, sleep and strength, and a sensation
of unnatural languor. All these may be re-
garded as among the indicia of approaching
disease, which will eventually attack the
system and ovetwhelm it, if it is not built up
and fortified In advance. Invigorate, then,
without loss of time, making cheice of the
greatest vitalizing agent extant, Hosteiter's
Stomach Bitters, an elixir wbich has given
hea th and vigor to myriads of the sick and
debilitated, which is avouched by physicians
and analysts to be pure as well as effective;
which is immensely popular in this country
and extensively used abroad, and which has
been for years past one cf the leading medi-
cinal staples of America.
Miscellaneous.
J * CKSOS'S B E ST
Swe^t Navy Chewiag Tobacco
Awarded highest prize at Centennial Exposi-
tion for fine chewing qualities acd *xeeilence
and lasting character of sweetening.and fla-
voring. Tne best tobacco ever made. As our
blue strip trade-mark is closely imitated on in-
ferior goods, see that "Jackson's Best " is on
every plug. Sold by all dealers. Send for
sample, free, toC.A. JACKSON & CO., Manu-
facturers, Petersburg, Va.
Dr. W. E. Ward's Seminary
FOR TOCfiG LAD IKS,
Nasliville, Teun,, opens its Spring Ses-
sion JANUARY 21st. lnis school is growing
in favor as its solid worth becomes known,
having an experience of Twelve Years, and
a larger patronage than any school in the
South. An addition of twenty rooms is now
approaching^ompletion to meet the wants of
the school. The Vanderbilt Professors give
weekly lectures in the Seminary. For cata-
logue address DR. W. E. WARD.
A farm: A\D HOME
OF YOIR OWN.
Now is the Time to Secure It.
ONLY FIYE DOLLARS for an ACRE
of the best land in America; 2,000,010 acres in
EASTERN NEBRASKA, on the line of the
Union Pacific Railroad, now for sale. Ten
years credit given, interest only 6 per cent.
These are the only lands for sale on the line
of this great railroad—the World's Highway.
Send for The New 14 Pioneer,' the best paper
for those seeking new homes ever published.
Full information, with maps, sent fr^e.
O. F. JBAVIS,
Land Asrent U. P. R. R., Omaha. Neb.
A GREAT OFFER FOR HOLIDAYS
We will, during these hard times and the
holidays, dispose of 100 New Pianos and
Organs, of first-class makers, at lower prices
for cash, or installments, than ever before of-
fered. Waters's Pianos and Organs
are the best ma.de, warranted for five years.
Illustrated catalogue mailed. Great induce-
ments to the trade. Pianos, 7-octave, $140;
7^-octave, $150; Organs, 2 stops, $48; 4 stops.
$53; 7 stops, 65; 8-stops, $70; 10 stops $85; 12
stops, $90. in perfect order not used a year.
Sheet music at Half Price.
HORACE WATERS Ac SONS
manufacturers and dealers,
40 East 14tb street. New York.
THE "WHITE"
SEWING MACHINE IS THE EASIEST SELL-
ING and best satisfying In the market. It
has a very large shuttle; makes the lock-
stitch; is simple in construction; very light-
running; and almost noiseless. It is almost
impossible for other machines to sell in direct
competition with the WHITE. Agents want-
ed. Apply for terms to Wlifte Sewing
Machine Company, CLEVELAND, O.
i ouh.e fits s
When I say cure I do not mean merely to
stop them for a time and then have them re-
turn again; I mean a radical cure. I am a re-
gular physician and have made the disease of
Pits, Epilepsy or Falling Sickness,
a life-long study. I warrant my remedy to
cure the worst cases. Because others have
failed is no reason for not now receiving a cure
from me. Send to me at once for a Treatise
and a FREE BOTTLE of my infallible reme-
dy. Give express and postoffice. It costs you
nothing for a trial, and I will cure you. Ad-
dre*s DR. H. G. ROOT, 183 Pearl street, N. Y.
BIG
84-page Picture Book—fkkk. My plan
bears all to make money, is easy1
honest, and pays you (10 a day.
DAVID C. COOK, Chicago.
for A T -T - *
in their own localities, canvassing for the
Fireside Visitor, (enlarged) Weekly and
Monthly. Largest paper In tbe world,
with Mammoth Chromos free. Big commis-
sions to Agents. Terms and Outfit free. Ad-
dresa P. O. VICKEKY, Augusta, Me.
A A Extra Fine mixed Cards, with
name, 10 cents, postpaid, L. JONES &
CO., Nassau. N. T.
Pianos
Retail price $900, only $260.
Parlor Organs, price $340,
only $93. Paperfree.DAN.F.
BEATTY, Washington. N.J.
a.3VTED,
GOOD, SOUND
COTTON SEED
IN ANY QUANTITIES.
Highest Market Price paid, and Sacks far
Dished to responsible parties.
Casta Paid on Delireiy.
»m FT. M. XKBT.ETT ft CO.
John D. Usener,
Cor. Fannin and Franklin Streets,
HOUSTON, TEXAS.
o ole agent for e. anheu-
O SER CO.*3 Brewing Association, and
Wholesale Dealer in Ales, Porters and Selters
Waters. P. O. Bex Jal2 lm
Educational.
Assignee's Sale
OF THE
ENTIRE STOCK
OF
DRY GOODS
Now in Store of E. Fribourg,
No. 1C3 jJIarket Street,
CONSISTING OF
Dress Goods, Cashmeres,
Silks, Cassimeres; Cloafep,
NOTIONS,
AND EVERYTHING
Pertaining to a first-class Establishment.
This sto^k MUST be closed out WITHIN
THE NEXT THIKTY DAYS. Call at once
and get ba-gains while the btocfe is complete.
ja27 lm4ptc ill. SCHR \ Tl, Assignee.
Assignee's Sale
OF THE
ENTIRE STOCK OF
Men's, Youths', Boy*' an 1 Cli'ldres's
CLOTHING,
GENT'S FIRNISUIXG ROODS,
HITS CX S. TKUNKS,
VALISES, ETC.,
NOW IN STORE OF
S- MOOUEY,
Cor. market and I'reiunii Sts,,
(Under the Opera House )
TBI* STOCK MUST BE CLOSED OUT
within the next thirty days Call at once and
get b irgrains while tb« st->ck is complete.
ja31 lm 4p M. SCHRAM. A^s'gnee.
Ilotels—Restaurants.
IMPERIAL HOTEL.
First Class.
WASHINGTON, D. C.
TO MEET THE WANTS OF THE
traveling public, this First-class Hotel
has reduced its price from $4 to
g'i 50 and §3 per Day.
The above Hotel is pleasantly located near
Fourteenth street, fronting on Pennsylvania
avenue: is convenient to the Treasury, Army,
Navy, State, Postoffice and Interior Depart-
ments. S. PEIKCE,
ja6 d&W lm Proprietor.
John Summers. Dan. s. Malren.
Washington Hotel
Summers & Malven,
PROPRIETORS.
COMMERCIAL COLLEGE
And Institute of Penmanship, Telegraphy,
Surveying and Drafting.
COOK BUItiDING, AUSTIN, TEXAS.
Conducted by a graduate of Eastman College
Poughkeepste, New York.
Life Scholarship for Business Course $40
Telegraphy SB
Cor. Tremout & Mechanic Sts.
GALYESTON, TEXAS.
From the above card, my
old friends and patrons wiil perceive that
I have associated myself with Dan S. Malven,
in the future proprietorship of the Washing-
ton. We propose to keep abreast of the times,
and run a hotel unexcelled by any other in the
country. Meals a la carte at all hours up to
9 p. m. can be obtained in the rebtaurant, open-
ing on Tremont street. Hotel convenient to
all steamers and railway depots. Sir. E. W.
Poole will have charge of th**"office as hereto-
fore. ja3 d&Wlm JOHN SUMMERS.
TREMONT HOUSE
GALVESTON, TEXAS.
ONE OF THE FINEST AND
most conveniently arranged hotels in the
Snuth, and the only first-c'ass house in the
city. Complete in all its appointments, with
elevator, electric bells, fire alarms, and all
other modern improvements. Is entirely new
flre-proof and elegant in all its furnishings.
Its spacious and elegant rotunda is the
Popular Resort
of the leadiug merchants of Galvestc» and of
commercial agents from all sections of the
country.
Sample Rooms and tables for commercial
travelers on first floor. Specisl accommoda-
tions and rates for families. Unsurpassed fa-
cilities Tor banquets, balls, etc No effort will
be spared to secure the comfort of every
guest.
The office is in charge of Mr. E. O'BAN-
NON, the former popular proprietor of the
Peabody Hotel, Memohis. The cuisine and
general hotel repartment is under the direc-
tion of Mr. RICHARD SOMERS, of national
reputation. an<* for vears the famous steward
of the POTTER PALMER HOUSE, Chicago,
and the GLOBE, of Philadelphia.
Mr. JAMES MOORE will be found, as usual,
in charge of the billiard saloon, cow one of
the most comfortable rooms in the city.
Th.© "Tremont"
will be conducted in every respect in flrst-
class style, and is not to be equaled here nor
excelled anywhere.
JOIO F. ELLIOTT & CO.
January, 1878.
PROPRIETORS.
je3 2m
Partnerslilp-iHssolution
Dissolution of copaet-
nership. The firm cf MILLER, DOL-
HONDE & CO., is this day dissolved by mu-
tual consent. Mr. Forester Dolhonde, Sr.,
having sold his entire interest in said firm to
D. The Ayere and G. B. Miller, they assume
all liabilities and will collect all debts due said
firm. D. THE AVERS,
G. B. MILLER,
F. DOLHO^DEa
Nsw Orleans, Jan. 9, 1878.
Referring to the a^ove notice of dissolution,
we beg to state that having associated with
ourselves Mr. B. P. GKIGSB if, who for several
years past has been in our employ in the
house of G. B. Miller & Co., Galveston, Texas,
we will continue the same business under the
firm name of Miller, Grigsby & Co., at the old
stand, 68, 70 and 72 Tchoupitoulas street.
G. B. MILLER.
D. THE AY ERS.
New Orleans. Jan. 9, 1878. jal3 lm
Dissolution.
Galveston, Texas, Dec. 1, 1877.
The firm, harlan, duf-
FIELD & CO., of the Bank Exchange
Saloon and Billiard Hall, is this day dissolved,
by mutual consent.
HARLAN, DUFFIELD & CO.
Having purchase! the interests of nay fiira
copartners in the
BANK EXCHANGE
and assuming all indebtedness of the old firm
I beg to inform my friends, and the public
generally, that I will continue the business
for my own account.
Lnnch Daily at 10.30 A. M.
This large and well-ventilated Hall, recently
refitted, is furnished with twelve of the latest
style of Novelty tables, and the Bar and Cigar
8tand are stockedlwith the choicest brands of
Imported Liquors and Cigars.
No pains will be spared to mate this one of
the mo«t attract ve establishments of its kind
in the United States SAM. D. HAR1.AN
Building Materials.
Henry Thompson,
ORAXGE, TEXAS.
Manufacturer and Wholesale Dealer
In Sawed Cypress Shingles.
Send (or Price LIU. jaSSm
To Arrive and In Store:
5000 barrels
Rosendale Hydraulic Cement,
600 bbls. SAYLOR'S PORTLAND CEMENT
400 bbls. Extra No. 1 PLASTER PARIS
20°0 bbls. Austin and Alabama Finlahinir
liltt£,
15.000 lbs. EXTRA PLASTERING HAUL
10,000 NO. 1 FIRE BRICKS,
200,000 LATHS,
40,000 PHILADELPHIA PRESS BPJCKS.
Also, FIRE CHY, FIRB TILES,
White Sand, Marble Dust, Coacrete Drain
Pipes, Chimnejs, Garden Curbing, Crocks.
P|aster Ornaments and Centers, Coarse aid
Fine Salt.
GEO. fi. HENCHMAN,
d«a mF2?hSTIUiND AND BATH avbnus
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The Galveston Daily News. (Galveston, Tex.), Vol. 36, No. 270, Ed. 1 Friday, February 1, 1878, newspaper, February 1, 1878; (https://texashistory.unt.edu/ark:/67531/metapth464648/m1/4/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.