The Galveston Daily News. (Galveston, Tex.), Vol. 50, No. 30, Ed. 1 Thursday, April 23, 1891 Page: 3 of 8
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THE GALVESTON DAILY NEWS. THURSDAY, APRIL 23. 1891.
THE BAYOU CITY BUDGET
ITEMS OF INTEREST GATHERED IN
THE RAILWAY CENTER.
A. Good Day for W.ddlnn - T«>«
Worksri Ori»olxe — Aooth.r Card
Party —Court Cnllln** — Towa
Kotea—Personal Mention.
P
b
COnBBWONDIHT'S HlADqCARTBIU—C.pltol
Busiifsss OrriOB—Fortlie reception of aflyer-
Unementa and onuiil. aabaorlptionK Mala
■treet (with theM. T. Jones Lumber company).
Ckt Circulation—Where overytij.nj relat-
ing to Houston subscriptions to Tit* Daily
Nbwb will receive attention, in the hands of
Bottler Bros- 74 Main street.
Houston, Tex.. April 32.—Tha cotton mar-
ket closed quiat and unchanged.
Bales, 15 bales. Low ordinary,
8 3-16c; ordinary, 611.16c; good ordinary,
7Kc; low middling, TKo; middling, 8 9-16c;
good middling, 9 7-16c; middling fair, 10
1-lOc.
Directors' Meeting.
Last evening there vros a large meeting of
the Volkafest directors on the subject of
the Approaching annual celebration of the
association.
There were some other mattere bronght
tip, but pertaining to Interests within the
society. After a full dlccussion of the sit-
uation and the outlook, the committee
agreed UDon the following programme:
FIRST DAY, MAY 2L
At 8 ft. m. the director* will meet at the
courthouse square, fronting Fannin street.
This Is to be the starting point of the pa-
r<The parade will move at 10 o'clock along
such route as will be designated by the
grand marshal.
From 8 to 10 o'clock, during preparation
for the parade, music will be discoursed by
Herb's band. , ,
Upon arrival at the grounds awarding of
prizes and address of welcome by the presi*
dent. , .
At 3 o'clock p. m. addresses by prominent
speakers from the concert stand. Grand
prize snoot. . , ****"' * „
At 4 p. m. concert to begin and lasts to 7
o'clock.
Songs by Saengerbund and Liederkranz.
Various games for children.
Foot races.
At 5 p. m. dancing In the pavilion.
At 8 o'clock fireworks.
SECOND DAT, MAT 23.
At 10 o'clock procession of marshal and
band from courthouse square to the park.
At 3 o'clock p. m. promeuado concert be-
gins.
At 3 p. m. dancing.
At 4 p. m. grand prize shoot, races, in.
eluding bicycle races.
At 8 o'clock p. m. fireworks, and conclu.
■ion at 13 p. m.
President Max Urwitz pres'ded over the
proceedings and Secretary iiarttliugck held
the pencil.
A New Organization.
Recognizing the good that comes through
A society composed of members interested
in special lines of work, the office workers
of the city decldsd to organize themselves
into a co-operative association. A meeting
was held In the commercial academy ball
and a constitution formally adopted. Offi«
cers were elected for the first year. The
constitution is quite liberal in its character
and gives any office worker the privilege of
membership on application to the secre-
tary, Professor G. E. Lindsey.
The object of the association is to form a
closer union of people engaged in office
work, to assist each other in securing em-
loyment. and to establish an office where
.usiness men may apply for any help they
need and have a chance to select a person
from a list of the best prepared persons in
the city.
This is a move in the right direction and
will be appreciated by business men gen.
erally.
Officers elected: President, J. M. Collier,
stenographer, Houston and Texas Central
railroad offices; vice president, Mr. C. D.
Krause, stenographer, Pacific Expioss
office: secretary and treasurer. Professor G.
E. Lindsey, principal Houston Commercial
academy. Board of examiners, Mr. O. H.
Reed, stenographer. Houston and Texas
Central railroad offices; Mr. 13. Harrison,
stenographer, Houston and Texas Central
railroad offices; Mr. G. E. King, account-
ant, Houston Commercial academy.
Four Hearts, Elcht Bands.
Mr. John McGowen and Miss Laura
Bowers were married at St. Joseph's
church, fourth ward north, at 7 o'clock
this morning. The groom is a well known
and popular employe of the Houston and
Texas Central railroad, while the bride is a
beautiful young lady of the First ward.
Many friends were present to witness
Father Maury'* binding of two loving
hearts together for better lor worse.
At 5 o'clock this evening at the Shearn
Methodist church Miss Eugenia J. A. Quln-
tero was united in the silken cords of matri-
mony to Mr. Bonepart N. C. DeBajligethy.
Rev. E. W. Solomon performed the impres-
sive ceremony that made the two happy
hearts one. The ushers were E. G. Smith,
George Mellinger, S. H. Brashear and Aus-
tin Miller. At the hour above named they
entered the church and to the inspiring
notes of the wedding march passsd up the
eastern aisle of the church and stood before
the altar aud were made man and wife.
Both parties are well knowu, having lived
hero all of their lives. They drove from the
chnrch to the train and left oil a short
bridal tour.
TU. Courts.
JUSTICE gentry's court.
Houston Printing company vs. M. L.
"Westheimer & Co., suit for fulfillment of
advertising contract; judgment for plain-
tiff.
A. W. Laurence vs. John A. and William
Benson, forcible entry and retainer; taken
tinder advls3ment.
Fred May vs. Dr. Koeblg; continued.
criminal district.
George Warner, theft from person; not
guilty.
John Baumer, theft from person; not
guilty.
8. H. Blanchord, burglary; acquitted.
Tom Ellis, aggravated assault; six
months in the county jail and $50 tine.
Charles Johnson, theft; six months in the
county jail.
Ernest Tramble and Will Jones; assault
to rob; not guilty.
Frank Williams, swindling; under ad.
▼isement.
Henry Stewart, assault to murder; reset
for next Saturday.
Ernest Tramble and Will Jones; nolle
prosequied, they having other sentences to
serve.
Another lee Factory,
The arrangements have been about com-
pleted for the erection of another ice fac.
tory in this city. From Mr. C. F. Lange it
is learned that it will be erected by the An-
heuser*Busch company on the spot where
now stands their refrigerator, opposite the
old Honston flour mills. It will have a ca-
pacity of fifteen tons per day. The work of
construction is to begin very soon.
Pleasant Evening; at Cards.
At the hospitable home. No. 19 Decatur
•treet, of Mr. J. C. White the members of
the Fourth Ward North Euchre club met
last erening and had a delightful time. It
was one of the most charming evenings in
the history of the club's meetings. The
cards were not particularly partial, and the
•▼enness of the game kept up the interest.
Tho fates made the following distribution:
Mrs. J. C. Connor. Jr.. first prize; William
McManus. first prize; Walter Westgate.
second prize. After the game delicious re-
freshments were served, their excellence
being einnnaaized by the graceful hospitals
ity of the fair hostess and husband.
The next meeting will be held at the
home of Mr. aud Mrs. J. C. Connor, Jr.
Cotton Exchange Directors.
This afternoon tho board of directors of
the Houston cotton exchange and board of
trade held a meeting. The meeting was
presided over by Mr. W. B. Bewail, vice
president Mr. W. M. Reed resigned his
position as president on account of urgent
business.
It was ordered that an election beheld
the first Monday in May, the same being tne
fourth day. Mr. G. . Kidd, as has been
doue for the last eighteen years, was re-
elected to the responsible position
of secretary of the exchange. The
duties of the oflice have been so well done
by him, his attentions to the ladies hsys
been so delicate and graceful as to solidify
the exchange for all time with them, and
his loaic to the business world has been
such a factor in the growth of the exchange
that his le-electlon was a foregone conclu-
sion.
For the Church.
There will be a musical and literary ens
tertainment in Couyngton hall to-morrow
night for the benefit of the Christian church.
The programme, which is as follows, will
be commenced at 8 o'clock;
Piano Solo Miss Ola Averltt
Vocal Solo Master Massio l)oleu
A Paper Mrs. Max Urwitz
Cornet Solo Master Willie Coyle
Recitation Miss Susie Fogarty
Vocal Solo Miss Jessio Andross
Piano Solo Miss Wilcox
Vocal 8 do Mr. Phil E. Baer
Recitation Mrs. Stella Christian
Flute Solo ...Mr. Lasne
Recitation ..Mr. bhaw
Quintette (mixed voices) vv"
Misses Coleman and Cushman and alossrs.
Collin, Keed and Herring.
That Investigating Committee.
Alderman Pruett, who was mado chair-
man of the corruption investigating com*
mitteo at the last meeting of tho council,
stated to your correspondent to^day that
he couldn't sav how soon the com-
mittee would meet, but as early as
Eracticable. As to open or secrot sessions
e could not state which would be held be-
cause that matter would be settled by a
vote of the committee, and there were four
on it besides himself. From further con-
versation it may he inferred that the
grand jury would perhaps do as much if
not more investigating than tho committee,
as ho intended to hare all witnesses before
thut body.
As far as he was concerned ho favoroa
open sittings and investigation.
Cas. Uud.r Advisement.
The case of the state against Buckskin
Joe, alias Frank Williams, alias Joe Broil-
son, for defrauding or swindling a man out
of several hundred dollars by working
him against a brace game of cards
a few weeks ago, was oalled before
Judge Cleveland this afternoon, but was
taken under advisement i.lli to-morrow ou
account of certain irregularities in the in-
dictment. _
X.ate In the afternoon Sheriff Ellis re«
ceiveil a telegram from Sheriff I)e League
of Washington county asking him to hold
Buckskin Joe, aud that he would come after
him to-morrow.
From tb. Trad.ntuan.
The following is from the Tradesman ot
the 10th instant, published at Chattanooga,
Tenn.:
"The Rockwall flouring mill is to be
moved to Houston and its capacity in-
creasad to 200 barrels per day. The build-,
ing at Rockwall will be usod as a gin with
a capacity of several thousand bales per
year."
It does not state who are the parties nor
when the transfer will be made.
District tonrt,
Charles Reed vs. Gulf, Colorado and San-
ta Fe Railroad company; written charges
given tho Jury; verdict for plaintiff 1225;
judgment on verdict
Mary A. Rlordon vs. Gul.\ Colorado and
Santa Fe Railroad company; on trial.
Besdilslit Flashes.
Dr. R. H. Harrison of the Houeton Belt
line has returned to his home at Columbus.
John D. McDonald of the Baltimore and
Ohio road is among the railroad notables in
the city to-day.
Captain A. Faulkner, general passenger
and ticket agent of the Honston aud lexas
Central road, has returned from his trip
out west with the presidential party.
W. S. Keplinger, car accountant of the
Houston ana Texas Central Railway
company, left to-day for the northwest for
a trip over the Fort Worth and Denver and
Denver and Rio Grande roads and wind up
at Denver, wbero there were at one time
last year during the strike over 4,600 caru in
tho yards.
Town Notes.
This evening the members of the Lieder-
kranz had a rehearsaL
The members of the amateur minstrel
company will be entertained to-morrow
(Thursday) by a number of their lady
frlende.
Sheriff Ellis, through the kindness of Mr.
Carmichael of the state penitentiary force,
to-day secured the negro Echols, who shot
the negro policeman, Ike Womack, a few
weeks ago. Mr. Carmichael brought him
oyer from Beeville.
Personal.
S. M. Finley of Dallas is stopping at the
Capitol.
I. McFarland, a well known merchant of
Richmond, is in the city.
H. S. Willett, a popular traveling man of
this city, has returned home.
S. W. Well* of Palestine lb a prominent
gaest of the Capitol to-day.
John Adriance, an esteemed citizen of
Columbia, Is registered at the Capitol.
D. F. Callahan, a well-known San Anto •
nian, is an arrival at the Capitol hotel.
L. M. Crooker and wife of the Capital
city are among the guests at the Capitol.
Rev. T. B. Lee of Austin passed through
the city this evening going to Qalveston.
J. R. Milam and J. Sullivan of Glen
Rose are guests of the Capitol while in
the city.
James E. Hill and L F. Gerlcck wore
among the arrivals at the Capitol last
evening.
Mr. John Feun, one of the Texas veter-
ans, has returned from the reunion at
Brenbatn.
R W. Earnest, Miss Earnest and Miss
Gertrude Karnest of Richmond wero at the
Capitol last evening.
Mr. W. M. Reed, the well known repre-
sentative of Inmau & Co., will leave short,
ly ou a trip to Europe.
Mr. John H. Pope, Mrs. ClofT and Miss
Starr, all well known in Marshall society,
were at the Capitol last evening.
Hon. W. H. Hamblen has returned from
his trip to Kansas City, where he went to
attend the western congress of commer.
clal men.
Mrs. Lamar, Mrs. Menard. Mrs. W. E.
Kendall and Mrs. Judge C. S. Cleveland ar-
rived here to-day, returning from Bren-
bam, where they attended the reunion of
Texas veterans
A. H. Davenport, Denver, Col.; John
Sterrett, Huntsville; A. V. Alexander,
Arkansas City: H. A. Jacobs, N'avasota; J.
W. Terry, Galveston; James E Hill, L. F.
Gerlock, Llvlnsston; Pike Philips, Rich-
mond, Tex.; J. Zellmer, New York; Chas.
E. arown, Chicago; G. C. Myer, New York;
L. M. Crooker and wife, Austin; E. P.
Children Cn forPitclier's Castoria
Carnicle. l^os Angeles; Mrs. Clapp, Miss
Starr, John H. Pone, Marshall, Tex.:
A. F. Carrico, St. Louis: J. W. Miller,
Philadelphia; Louis H. Wolfe. Cincinnati;
R. H. Earnest, Miss Karnest and Miss Gar*
trude Earnest. Richmond, Tex.; J. C.
Walker, New Orleans; Frinch bimpson
and Stephen Harbert, Halletsville; Dr.
Isaac Folson and wife, Arkansas; H. W.
Hath bone, S. Tim. J. M. Hirsch and Her-
bert M. Loeb, New York; I). F. Callahan,
San Antonio- Wm. V. Kelley, Chicago;
H. Solinsky, Beaumont; R. J. Madden, St.
Louis: J. E. Peits, Cincinnati; F. li. Marble,
St. Louis; 6, W. Wells, Palestine; J. Ii.
Milam, Glen Rose; George E. Shorey, Bos-
ton; J. >uli irau, Glen Rose; John Adriance,
Columbia: Eleoor M. Hill, New Orleans;
Guy M. By ran. Jr., Bryan: Branch T. Maa-
terson. Galveston; A. R. Masterson, Bra-
zoria; S. V. Armstrong, N«w York; S. M.
Finley, Dallas, are at the Capitol.
FROM FAIRLAND.
Good Rains Insure CJood Crops — County
Itt>provemenu—Dots from the Courts.
Fairland, Burnet County, April 22.—A
fine rain has fallen here, being general over
all this section so far as fteard from. This
was badly needed, snd will almost make
the oat and corn crops. Cotton is geners
ally a fair stand, but many farmers have
not yet finished planting. Prospects were
never better for a good crop.
A large lot of granite has been quarried
and is now piled up at the Cap?tol granite
quarry, three miles from this place, await-
ing the completion of tho Austin dam rail-
road for transportation to the dam.
It Is reported that the contract is finally
closed for the iron bridge over the Colorado
river at Marble Falls, aud work will com-
mence at ouce on the piers. The bridge is a
private enterprise of the Marble Falls peo-
ple aud will cost about $30,000.
The new bunk at the Falls is now in
operation.
The largest and most complete cotton gin
ever out up in this section is now under
construction at Fairland by Colonel T. I/.
Holloway, who owns several thousand acres
of land adjoining this place. The gin will
have a capacity of forty to fifty bales per
day, with all the latest improvements in
handling cotton. Materiul is now on the
ground for the buildings.
In the district court, now In session at
Burnet, George W. Lacy, charged with tho
murder of his brother-in-law. Code Phil-
lips, some eight months ago, was found
guilty of manslaughter and given
three years In the penitentiary. Tho
case will be appealed. Owing to the prom-
inence of |both defendant and deceased
tho case has been one of more than ordinary
interest. The court Is now trying the case
of tne state vs. Call Linscecum, for crimi-
nal assault. Linscecum was convicted last
October and given twenty-four years, but
the case was reversed and remanded by the
court of appeals.
Stockmen here are much pleased with
the act of the late legislature in increasing
tho bounty on wolf scalps, as this section
Is greatly troubled with wolves. Thou-
sands of dollars in live stock will be saved
by the liberal reward fixed by tho legisla-
ture.
This section has had one case of small-
pox—an Italian tie chopper—but the dan-
ger of a spread of the disease is now thought
to be over. _
MARITIME MATTERS.
Port of Galveston.
ARRIVED.
Bk J. B. Rnbel, Sawyer, Now York.
fc'3 Leoua, Wilder, New York.
cmsak ED
Ss Comal, Risk, New York.
List of VeBwl# In Port,
STEAMSHIPS.
Ss Tentonia. Labadios wharf 1550
Ss Netherijate, Jones
Bk Geo. W. Sweeney, Hewitt
8CHOONER8.
Schr George Toulano Jr., Deputy 443
Schr Thomas G. Smith 4S8
Bohr J. H. Mclnnls, Anderson..., ——
Schr Richard Spollord. Howes ——
List of Vessels Up and Cleared for Gal«
vsston.
1TEW YORK.
Pchr Frederick Roes*ner, Gold.....eld April 3
Ss Nueces sld April 18
Ss San Marcos to sail April i.'U
PHILADELPHIA,
Schr Lona Pickup, Warskltt eld March 9
BALTIMORE.
Brer Stephen Bishop, Rivers sld March 80
LIVERPOOL.
Ss Southery, Savlllo at March 17
AN ITALIAN WOUNDED.
The Shocking Tale Told by Two Little
Girls Led to It.
Joo Castlnl, an Italian, who keeps a small
shop corner Eighteenth and avenue N,
was shot last night by W. C.
Bcndies at his store. It Is alleged
that Castinl had made improper
advances upon two little girls, one of whom
was a relative of Mr, Bondies, who re-
ported their shocking tale when they re-
turned home. Tho wounded man was
treated by a physician and Mr*. Bondies
placed under arrest. The trial is set for 0
o'clock this morning.
HIGHEST STATE COURTS.
A Floating Body Found.
The body of an unknown white man was
found floating in the bay near the jetties.
Mr. Fred. Gillee discovered the body and
notified the life saving service.
An inquest will be held by Judgo Spann
this morning and all persons aro requested
to view the body with the hope of Its Iden-
tification.
LITTLE LOCALS.
Mr. Woollam desires a correction of the
report tiiafi the Hag at his place was flying
union down on San Jacinto day and states
that no flag at all was hoisted there that
day.
The district court was engaged all day
yesterday in the trial of tho case of Mar-
garet J. Mitchell vs. Wm. B, Mitchell and
Charles S. Mitchell for tho possession of
property. This case is now on a second
trial, having been remanded from the su-
premo court.
As a fuueral procession was crossing
Broadway yesterday morning on Thirty-*
third street an electric car ran into one of
tho carriages owned and driven by N. O.
Jones. Some damage was done the vehicle,
harness of one of the horses and the driver
was hurled from his box.
Morris, the photographer, out of several
negatives secured one very good picture of
President Harrison, Secretary Rusk and
Governor Hogg, taken on the trip to tho
Settles on the deck of the Mallory ship
^ampasas. The group also contains sev-
eral prominent Galvestonians and some not
so prominent.
PERSONAL.
A..McKinzie of Temple is in the city.
John C. West of Chicago, III., is in the
city.
L. Eisner and wife are visiting the city
from San Antonio.
Manager Henry Greenwallcame in yester-
day from New Orleans with Colonel Henry
Watterson.
Miss Celeste Willis, the accomplished
daughter of Mr. P. J. Willis, has returned
to the city after a brief absence in the east.
Mr. John McGowan and wife, nee Miss
Laura Bowers, of Houston, and Mr. Alex
J. McGowan and wife are stopping at Mr.
J. H. Cornell's, 2615 Church street.
Mr. A. D. Chapman, late agent of the
Wells, Fargo Express company of this city,
left yesterday afternoon to accept a position
with the American Express company at
Chicago.
Miss Kirk, a fascinating young lady of
Brooklyn, N. Y., who has been spending tho
winter wivh Miss May Sorley, left for her
homo yesterday much to the regret of a
large circle of friends.
Darby's Fluid prevents blood poisoning, in-
flammation or proud flesh Immediately.
SYNOPSIS OF DECISIONS RENDERED
AT THE AUSTIN TERM.
A Full Itepirt of the Cane* Carried From
the Lower Courts of the State to the
Supreme Court and the Conrt
of Appeals.
supreme court.
Hon. John W. Stnyton, chief justice; R. R.
Gaines and John L. Henry, associate
justices; Charles S. Morse, clerk.
T. H Parker vs. Brown & Rickets—
Appeal from Grayson: The laud is a quar-
ter section of university land in Grayson
which, uuder the act of lboO, was contracted
to one Evans, who never paid for it. He
further failed to comply with the first pec*
tion of the act of 1875, parsed for relief. Ou
May 22, 1875, Parker attempted to puechase
the name land, and executed such au obli-
gation as would have eutitled him to the
laud had ho been an occupant and had he
made such payment as his obligation re-
quired him to make. This obligation
required him to pay to the state $777 Sii and
auuually 1-40 of the value with interest.
He only paid (35 aud was not an occupant
at inv time. Brown A Kickets bought the
land from the state under ttie act of 18«7
and have complied with all the require-
ments of that law. Parker brought suit
against Brown & Rickets. The latter and
those under whom they claim have been in
artual adverse possession for more than ten
yesrs. The state intervened, asking cancel-
lation of Parker's contract and deuiod the
right of Brown & Rickets. Judgment for
Brown and Rickets. There was no error in
the holding that Parker's claim against de-
fendants was barred bv ten years' limita-
tion, although limitalieu would not run
against the state.
It i9 claimed that the sale to defendants
conferred no right on the theory that Par-
ker lawfully purchased, and until that sale
was resciuded the state could not sell again.
The flrBt purchaser failed to pay for the
land or to comply with the first section of
tho act before May 15, 1875. and his pur*
chase became null and void. The laud was
therefore subject to sale under the act of
1S87 unless Parker's attempt withdrew it
from sale. Paiker was not an occupant
and therefore acquired no right. Tne right
of the ntatu is to nave paymuut for tho land
from defeudaute. Afliruied. Opinion by
Stayton, C. J. _
Texas Central Railway Company vs.
C. C. Burnet—Appeal from Shackelford:
lujuries to plaintiff's wife caused by col*
lision of trains. The court charged that
carriers of passengers by rail are required
to use the highest degree of care, aud that
ttiey are liable for the negligence of their
servants resulting in injury to a passenger.
And further, that "when it is shown by the
proof that an injury was received by reason
of aud as the direct result of
an unusual occurrence, then the
law presumes tho occurrence so
causing the injury to have happened by
reason of negligence, unless it further ap-
pears by tho proof that such unusual oc-
currence was not the result of uetdigenca,
but on the contrary, wm caused by souio
circumstance or cause, which the exercise
of the greatest care and prudence could not
have prevented." As to tho degree of care,
this was correct; but so much of the charge
as is quoted is upon the weight of evidence.
It informed the jury that the law presum'd
negligence from the happeuing of any un-
usual occurence producing the injury. For
this crror„the Judgment is reversed.
Doctors who knew the condition of the
wifo were allowed to give oninions as to
whether her injuries wuro such as would
likelv result from such concussion as was
shown. This was correct. Without sno-
ciflc averments as to tho value of tho wife's
services proof of that fact was received.
Thero was no error in this. The petition
alleged the character of injuries and that
they rendered her unable to attend to tho
ordinary affairs of life. Reversed and re-
manded. Opinion by Stayton, C. J.
Sidney Thomas vs. Junction City Irri-
gation Company-—Appeal from Kimble:
Suit by appellant to restrain tho erection of
a dam across tho Llano to connect with his
land on the south side of the river. The
only alignment Questions the correctness
of the judgment dissolving the injunction.
The record shows that the parties to this
cause were parties to another in which
a former judgment was rendered;
that tho right of defendant in
this cause then to maintain the
dam was an issue and decided
against plaintiff; that plaintiff in this cause
then sought damages because of the erec-
tion and existence of the dam aud this whs
refused; and shows furthor, that plaintiff
was therein enjoined aud restrained from
injuring or interfering with said dam or its
nse. This must be held to have established
in defendant some right higher than a mere
parol license. The former judgment may
have been erroneous under the facts, but it
is conclusive agaiust plaintiff's present
claim for Injunction on any ground on
which it is now claimed. Affirmed. Opin-
ion by Stayton, C. J.
Cotter, Trulove 6c Co. va, O. F. Parks
kt al.—Appeal from Johnson: The sub-
stance of appellant's cause of action de-
scribed in his original petition was that ho
had deposited with Cotter, Trulove &;Co. a
certain amount of money, a oart of which
had been lost to him by its being misappro-
priated by tho joint wrong of all the defend-
ants. The change mado by the amended
petition was that instead of the whole
amount unaccounted for having
been misappropriated by all the de«
fendants, $223.91 of said sura had
never been paid out or accounted for in anv
way by the defendants Cotter, Trulove &
Co., and that they wore liable separately
for that much of the original cause of ac-
tion. The amendment did not sot up a new
cause of action and the court ruled cor-
rectly on the issue of limitation. As tho
amended petition still continued to assert
the balance of the original demand there
was no error in sustaining the jurisdictiou
of the district, court. There was no objec-
tion of misjoinder of parties and causes of
action made below; that question is not be-
fore the court.
Cotter, Trulove & Co., were not entitled
to prove a contract with plaintiff to pay
them interest on the account, in the absence
of any allegation of plaintiff's indebted-
ness for interest. The judgment reudered
is supported by the pleadings, evidence <ind
verdict. The amount returned in the ver-
dict for $10 more than its separate claim
against appellant was clearly the result of
inadvertence and w.ts promptly cured by
remittitur. Affirmed. Opinion by Henry J.
commission of appeas.
Edwin Hobbv, Presiding Judge; W. E. Col-
lard and D. P. Marr, J udges.
Walter Gresiiam et al. vs. Margaret
chambers—Appeal from Coleman. Tres-
pass to try title. The court below erred in
excluding the deed from Wilbarger and
appellee, his wife, to Sims, The deed was
excluded because void for want of descrip-
tion of the land. The deed does not pur-
port to convey au undeflued portion of a
larger survey, but the entire Barker
league. It is, therefore, not a descrip-
tion of an uncertain part or subdi-
vision of a larger tract. The name of the
headright or grantoe is given, tho locality
and quantity of land conveyed. That Is
certain which can be made certain Is the
rule applicable to the description referred
to (46 Texas, 335). Uuder the operation of
this deed the certificate Issued uuder the
act of August, 1850, inured to the benefit of
said Sims, from whom appellants deraign
title. It *as a controverted question of
fact whether there was a sale of the certifi-
cate to Sims by appellee. The charge was
erroneous in entirely ignoring this issue.
Reversed and remandod. Opinion by Hob-
by, J. % ,
Jennie McDougal et al. vs. Robert H.
Bradford et al.—Appeal from Denton:
The court can not say that under the evi-
dence the court below erred in finding that
the land in suit was the community props
erty of Stephen and Jane Hiatt. It is urged
by appellants that the order of the probate
court vested the absolute title to the home-
stead in the widow of Stephen Hiatt and
his mi jor children named in the order, and
t hnr the court erred in not so findiug. This
assignment should be sustained a* to the
seven-twelfths of the land owned by Hiatt
at his death. He died in 1867, at which
time he occupied the laud with his wife
and children. The order was made in l^S
and his estato was insolvent. Under the
law then the beneficiaries of the homestead
took the absolute title free from distribu-
tion :iui jug other* interested in the estate.
This homestead interest could not be par-
titioned among the joint owners so long as it
continued to be the homestead of the widow.
I .tie so acquired to th" homestead was
and is a statutory title distiu t from inher-
itance. The present constitution changes
the rule.
The petition claimed title to but 62-183 of
the land for the two shares of Jesse aud
Clarissa Hiatt. which would not amount to
1-5 for each. The title to the residue was
conceded to be in defendants. The judg-
ment awarded more than was asked. Re-
versed and remanded. Opinion by Col-
lard, J.
COURT OF APPEALS.
Austin Tex., April 22,— in the court of
appeals the followiug cases were decided:
Affirme*!: Hurst vs. State, from Tyler;
Blanks, Walker & Co., vs. Hutchins, from
Guadalupe; Powell vs. the Stato, from Har-
rison.
lieversed snd remanded: Read vs. the
State, from Fisher; McCormick Machine
company vs. Stover, from Wise.
llevsrsed and dismissed: Edwards, et al.
vs. the State, from Cocker.
Affirmed ou certificate: Crow, et al, vs.
Bjer Bros, from Grayson.
Certificate dismissed :13arron vs. Barron-
from Fisher.
Rehearing refused: Miles vs. Butler,
from El Paso: Blackburn vs. the State,
from Brown.
a Prosperous Texas Town.
Oakwood, Tex., April 21.—This little
town is on the International railroad,
eighteen mllos south of Palestine, on the
road leading to San Antonio, and is sur-
rounded bv fine farming lands of light
loam, easily cultivated and very productive.
From this station has been shipped about
3900 bales of cotton the present season. The
lands aro covored mostly with oak and other
kindred timber. Within one-quaiter of a
mile of the town is a body of about 1000
acres of rich prairie. To the home seeker
or emigrant there is no inoro inviting place
to locate. Lands are cheap and well
watered, and the people social and hos-
pitable. The nearest point to tho Trinity
river is about six miles. Tho town is free
from miasma. Tho houses aro mostly
frame, r,ith little or no pretensions to dis-
play, though some of tho cottages are ele-
gaut and would be a credit to more pre-
tentious places.
The faithful all worship together in the
only church as yet built, though another is
talked of.
There is a comfortablo public school
building, and a seven month's term has
just closed.
Shlpoitig fresh fish caught out of the river
has grown to be quite an industry and a
source of profit. Mr. A. A. Meacham, one
of the live merchants of the place, has a
monopoly of the fisu trade. The fish shipped
are tho cat, buffalo and drum.
J. F. Bagget*., a prosperous young mer-
chant, is a comparatively new corner but
has succeeded in building up a good busi-
ness.
B, B. Kimball, another progressive busi-
ness man, in audition to bis lar4e mercan-
tile interests, raUcs blooded slock uud has
in cultivation about 30o0 acres of land in
corn and cotton.
J. T. Duncan ba9 recently settled here,
removing from Mississippi, tie has wou
hosts of friends and divides the trade with
the older merchants.
Alvlu Moore, the junior member of the
firm of J. S. Moore <Lz Co., is one of the sub*
stantial men of the county and a worthy
representative of a stanch house.
J. B. Jones has a monopoly lu tho black-
smithing and wheelwright line, is a good
workman and is well patronized.
Ono of the live aud progressive men of
the place is F. B. Looney, correspondent of
the news, who has his law otiice in tho
drug store of his brother, W. li. Looney.
Shot Himsolf While Alone.
Schulenrurg, Tex., April 21.—George
Schleback shot and killed himself with a
revolver yesterday eveuiug. He was alone,
and it is not known whether the killing
was accidental or intentional. He was a re-
spected and independent furmer, and a
member of the Ancient Order of United
Workmen.
f
" Beauty without grace
(9 a honlc without a bait." That's what
the French think. Whether it be true
or not, thero are many American women
who do not even possess the hook—beau-
ty and attractiveness are denied them.
Why ? Becauso they're languid, crosa
and irritable. They know not what
it is to be without pain or discomfort
half the time.
That's it; suffer in silence—misun-
derstood—when there's a remedy—Dr.
Pierce's Favorite Prescription—at hand
that isn't an experiment, but which is
sold, by druggists, under the guarantee
that if you aro disappointed in any
•way with it, you get vour money back
by applying to its makers.
A si al service to weak womenkind
is the fending of lost health—the build-
ing up of a " run-down " system. Noth-
ing does it so surely as the "Favorite
Prescription." None like It!
For overworked, debilitated women,
teachers, milliners, seamstresses, "shop-
girls," nursing mothers—one and all are
cured by it.
1STORY, i
I 4, 1881. )
office of
INSURANCE. STATISTICS, and HISTORY,
Austi.i, Tel.. April
To whom It may concern: This 1b to certify
that the
PROVIDENT SAVINGS LIKE INSURANCE
COMPANY
Of New York, N. Y„
has in all reapeot. fully complied with tho laws
of Texas as conditions precedent to its dolnc
business In this state, and that said company
holds a certificate of authority from this oflice
entitling it to do business in this stato for
twelve months from the 1st day of January,
1891, to the 31st day of December. 1831.
Given under my hand and seal, at office ill
Austin, tho day and date first above written,
[u&l JNO- E. HOLUNGSWORTH,
Acting Commissioner.
For Information or wroucy apply to
R. B. PARROTT, Waco, Tex.,
General Manager Texas, Arkansaa and Pacilio
Slope.
CHAPPELL HILL*
Cut Himself A Very lleayy Rain-
fall.
Chappell Hill. Tex., April 22.—Mr. AU
flu Mercer while whittling a few days ago
with hit pocketk nife, accidontly let it alip
and stuck it in his knee. It haa given mm
much pain and coffering: and will cause
him to hi*ve a a!;lT knee the remainder of
his life. He la doing quite well now but
atlll auffering some.
The hardest ram we har« had for some
time fell here last night, doing the farmera
much damage by washing th? land badly.
Several bridges were also washed away In
this neighborhood.
Wedding Chimes at Huntsville.
Huntsville, Tex., April 23.—This morn-
ing at 'J o'ciock.Miss irma Mitchell,daughter
of Mr. Wayne Mitchell of thia place, waa
married to Dr. Gibson of Midway, Tex.,
Kev. Beth Ward officiating.
To-night at 10 o'clock Mies Mamie Ken«
nedy, the accoiupliahed daughter of liev.
W. L. Kennedy, pastor of the Presbyterian
church, was united In marriage to Hev. F.
O. Favre, pastor of t&e Methodist cnurch
at Hempstead, Tex. Tho wsddiug was a
private alfair, ami the ceremouy was per-
formed by Dr. Keunody, father of the bride,
assisted by Kev. JSoth Ward.
Dame rumor has it that several other
woddlugs are on the tapis for the ucar
future.
Mr. W. D. Adair, the popular tax collec-
tor, left for Austin to-day to make settles
ment with the comptroller on the tax rolls
of 1890. lie is among the first collectors
making settlement every year.
The heavy rains continue, putting tho
creeks out of banks.
Negro Prowler Killed.
MovTGOMEBY, Ala., April 22.— Jim Dairs,
a ne^ro, was killed early this morning by
Pat Watson, while trying to break into the
latter'* residence.
ONE ENJOYS
Both tho method and results when
Syrup of Figs is taken; it is pleasant
and refreshing to the taste, and acts
gently yet promptly on the Kidneys,
Liver and Bowels, cleansea tho sys-
tem effectually, dispels colds, head-
aches and fevers aud cures habitual
constipation. Svrup of Figs is tho
only remedy of its kind ever pro-
duced, pleasing to the taste and ac-
ceptable to the stomach, prompt in
its action and truly beneficial in its
effects, prepared only from the most
healthy and agreeable substances, its
many excellent qualities commend it
to all and have made it the most
popular remedy known.
Syrup of Figs is for sale in 50c
and $1 bottles by all leading drug
gists. Any reliable druggist whe
may not have it on hand will pro
cure it promptly for any one wh
wishes to try it. Do not accept an
substitute.
CALIFORNIA FIG SYRUP CO\
SAN FRANCISCO, CAL.
KCUISVILLC, KY. NEW YORK. N.H.
auctions.
AUCTION SALE
—OF
Cottage Furniture,
FRIDAY, APRIL 24, 1891,
On Premises,SoutU Side Ave. 0. Bet. IJTth
and 38th, Commenting at 10 A. M.
One Horse and Buggy, Organ, Sswlnjj Ma-
chine. Bedroom Suito, Dining Table. Kitchen
Htove. Carpets. Bedding, Mattresue*, Springs,
Chairs, Rockers, Tables, China, Tinware, etc.
S. M. PENLAND & CO.
AUCTION SALE.
TO-DAY AT 10 A. M.
Groceries. Potatoes, Batter, Cheese. Can
Goods, Tobacco, Hams, Shoulder*, Cigars,
Furnltnre, Stoves, Tables, Chairs and sundry
merchandise.
Uoods for auction received up to hour ot sale.
S. M. PENLAND & CO.
SPECIAL NOTICES.
Stone for Bale-Important Notice to Ar-
chitects and Builders: The Gordon aandstone
Is now offered for sale for building purposes;
very fine quality of a gray and buff color, and
wonderfully cheap. Correspondence solicited.
Samples and prices sent on application.
A. MOFFAT,
Box 282, Fort Worth, Tex.
SUMMEB RESOBTS.
/HARRISON 1IOUSK, YORK, MAINE.
VT a pleasant home for the summer. For
particulars addrew
8ANBORN \ PKF.Bi/F. ^ o-V \ tl.age. Me.
Land For Sale.
kl Paso, Tex., Fob. 28, 1891.
Tho commissioners' court of El l'*so
county. Tex., will receive sealed bids for
the purchase of 17,713 acres of El Paso
school lands, sitnated in Fisher count7,
Tex., up to noon on Monday, May 11. 1891.
The land consists of one tract containing
four Spanish sites, each of 442S acres, with
the following bounds: Beginning at tho
northwest corner of tho town of Robv, in
Fisher county, Tex., thenc. east 10,000
varas, thence south 3500 Tnraj, tnonco west
5000 varas, thence nortb 2500 varas, thenco
east 10,000 varas to bunion ins. Is fine farm,
ing land and adjoins county seat of Fisher
county. Terms of sale. cash. The court
reserves the right to reject any and all bids.
Address all bids to li. G. Thomas, County
Clerk, El Paso, Tex. By order of Commis-
sioners' Court.
Allen Blacker,
Attest: County Judge.
B. G. Thomas. County Cleric.
Beside herself
with work and worry—a wo-
man without Pearline. She
has twice as much work, and
gets half as much done. With
Pearline, she can keep her
house clean without keeping
it upset. She can wash the
clothes easily, and know that
it is done safely. Pearlim
washes everything. If you
tiy to have comfort, you will
have to try it.
Beware ol' imitations. 249 JAMES PYLE, N.Y.
AGENTS' MANUFACTURERS.
Ci W. ALSWORTll, dealer in Avery Plow*,
Oweoboro Wagon, Mowing Machines and
Plantation Hanlwar# 157 Preston at.
I* O. WEAVER. M MAIN STREET,
• Lumber aud Shiugles.
AgroQt for manufacturers.
DANKS.
W. T. Cl'MMISTO, l UA.V it LAWYER,
Banker. Cashier.
MECHANICS' BANK.
CAPITAL, $02,00000.
No. 1 Taylor Bnild'g. Preston r>t.. Houston, Tex.
Hour* w a. m. to 5 d. m.; Saturdays till 8 p.
m. X general bankiiv; buitiocsa transacted.
Foreign and domestic exchange bought and
sold. Deuoslts roceived iu sums of one dollar
and upward.
BUSINESS COLLEGES.
HOUSTON Business College, the popular com-
mercial school. na« the Datronage '.i Tae
business men of Houston. Write for catalogue.
THE Houston Commer iyis anew
X school In tho V M 0. A. buildfn r. Good
teachers. Thorough instruction lu bookkeeping,
shorthand, ancient and modern hmgiuue-. aud
all common school studies. G. E. Lindsey, Prin.
COMMISSION MLRCH NTS.
SCHILLING & MITCHELL—1Gen. Comuiis-
O sion Me rob ants, wholesale truit nn>I produce
• » » • led. 871 Pre tton st.
rPAI'T BKOS. <S»r CO. Consignments of fruU
X and country produce solicited.
egg* and bututr a specialty.
Poultry,
78 an J 80 Travis «t.
firewood.
l)OLl\ A LI DWELL—Orders solicited for cord
I or stove wood and Ban Jacinto sand, 'i'hone
yis. vl Fannin street.
QI PACKAKO" '
Cord and Stor® Wood.
Ofllc#No.7, Burns B d'g. Telephone No.^lor 100.
SPECIALIST, OCULIST AND AURIST.
/ Consumption treatment wiih Ko-n's
Lymph. Dr. A. M. Aurrey, .Specialist, Eye,
Lar, Nose and Throat, ti< Main rtieet.
FLOWERS AND PLANT
A W1I1T A k EK, FLO It 1ST,
I V» Choice
. HOUSTON-
cut (lowers Mieihaustible, rare
plautsiunuinerable. 'Phone307.
SHIRTS.
i'm ie lone star 8h1ut factory makes
X hhirts to order. Write or call on u* for
prices.
AMES REYNOLDS, 61 Main st.
GRAIN AND FbSDaTUFFS*
C< HAIU.ES P. SHE Alt N, DEALER IN
' Corn, Oats, Bran, Hay, etc., 2, * and o
Travis street.
HIDES AND WOOL
SlEWEItSSEN, Hide and Wool buyer;
Xj% also dealer in Liverpool Salt, Hay, Corn,
Oats, Bran, etc. Nos. 2 aud 4 Commerce street.
LAWYERS.
TAOKABEKHYA TACKABEHRY-
Attorneys at law. Houston, Tex.
Otiice over Sweoney Coombs.
P. HAMBLEN^ '
• Attorney-at-Law,
Houston. Ter.
LIME AND CEMENT.
DAN CROWLEY, Importer and dealer In
Lime, Cements. Plaster Paris, Hair, Laths,
Fire Brick, Clay, Sewer Pipe, tt Commerce st.
MACATEE & CO., Lime and Cement, Deal-
er* in Portland sod Rosondale cemenu
Lime, Plaster, Fire Bricks, etc.
PAINTS—OILS.
CiLEUtt & BRAND'!, dealers In paints, oils,
' and wall paper; write for prices anu sam-
ples, No. 4* Fannin strsat, Houston. Tex.
PIANOS.
HE RULE A SONS sell pianos and organs on
easy monthly psymsnu of and up-
wards. Remember tnls is the only place in the
city where you can bar* your music tried bo-
fore purcha»ing. 105 aud 107 Main street.
REAL ESTATE.
A SHE A ZIEGLER, R«al EsUte Harris
1 \county end adjoining *auds a specialty. Of-
lice under Hutchins House. Houston, l ex.
I?OR BARGAINS In real estate, on city and
suburban property, address A. E. Sternen-
berg, real estate agent, 80 Travis St., Honston.
STEAM LAUNDRIES.
STRICTURES,
With all their bad con-
sequences, such as stran-
gury nervous excite-
ment, nervous debility,
unnatural discharges,
weakness and final loss
of manhood, quickly
cured by simple, safe and
easy methods.
Blood Diseases
in all of their frlghtTol
forms cured without In-
jury, and every vestlgo
of the disease completely
eradicated from the sys-
tem In from 1 to3 months.
Every oase guaranteed.
For full description of our treatment addr*es j
Dra. PARKER and COOKE.
44 Main f*t., Honston, Tex.
Branch offloe a.W. cor.lStU &F.O. sta^Galvest'n
I?XCEL»IOR #team Laundry, opp. Capitol
J hotel, wants live agents every where; pays
liberal commission; gives best satisfaction; pays
exprosaage one way. Oivs us a trial.
T^ROY'STEAM LA UN DRY-Troy machines,
fine work our specialty; 'Phoue332. Country
work receives careful attention. Agents wanted.
Liberal commissions. SI PACKARD. Propr.
ouston ui'iim Laundry -
wanted In every town in the stata. Liberal
commissions. R. L. AUTREY. Proprietor.
SanAntonio Business Directory
RESTAURANTS.
THE ELITE—Only Frenoh Restaurant In the
city. Table anpplled with the best of every-
thing at reasonable rates. J. Loustaunau A Co
rk„ ■:
OFFICE COB. TKEMONT and STRAND
C. F. RAIFORD, Agent.
BLACKSallTHIXO, BTBAM, HOUSE.
Beit Quality at Lowest Prion.
81 GALVESTON COAL COMPANT,"
r. a JEFFEKY. Man&gw,
8tru4 w<l tftb swu Ualvcwa, lu.
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The Galveston Daily News. (Galveston, Tex.), Vol. 50, No. 30, Ed. 1 Thursday, April 23, 1891, newspaper, April 23, 1891; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth466435/m1/3/: accessed March 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.