The Galveston Daily News. (Galveston, Tex.), Vol. 53, No. 222, Ed. 1 Wednesday, October 31, 1894 Page: 6 of 8
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THE GALVESTON DAILY NEWS
A GHASTLY TRAGEDY.
L, T. Ferguson, a Prominent Citizen
01 Kounlze, Found Dead
in the Road.
excitement prevails,
Shot Once in the Breast and Once in the
Leg—Two Brothers Under Arrest.
" Storv Told at the Inquest.
T
Kouatze, Hardin Co., Tex., Oot. 30.-L-
Ferguson, a prominent citizen ol tius
iitece, was found dead in t'he road about
one mile north of here early this morning
•bv a voung boy named Charley Ferryman.
V w tiflkpn from the body. Tw«u
late to catch the morning train. He went
lip on this evening's train. At the latest
reports no investigation had been made,
but it i- the general opinion that Mr.
j'ahn'T had been murdered and that the
oiijj'ct of the assassin was robbery. Sher-
iff Weaver is now on the ground and will
make a thorough investigation.
Nothing was taken from the body. Twelve talfy wounded,
buckshot struck Ferguson full in «he
breast and eipht in the front .thigh of the
left le-?, ranging downward, leading to me
conclusion that the second shot was flred
from behind as Ferguson was falling back-
ward.
Sam B. Humble, candidate lor counts
tax assessor, and his brother, Pleas Hum-
ble, a barkeeper, were arrested. The most
intense excitement prevailed here all day.
Ferguson was one of the most popular men
In this section and his friends have been
loud in itheir denunciation of 'the crime.
Excitement had reached so li.s'h a pitch
that lynching was freely talked ol. sher-
iff W. W. Lyon received warning that
The men would be mobbed and decided 'at
once 'ttvat Kountze was not the place for
them, so this afternoon he took them to
Beaumon't for safe keeping.
The fallowing story wu- elicited at the
inquest: Sam Humble ami Ferguson last
night had been drinking in Hook's saloon
and about S o'clock Humble and Ferguson,
with John White and Bob Arline, both col-
ored. left the saloon for White's house.
Arline was the first to quit the crowd
and White left when he got to his house.
Ferguson and Humble continued up the
railroad track. They were all apparently
In good humor. Nothing more was seen
of Ferguson until he was found murdered
in the road. George Simpson l«>k "P
the story ait this point and testified that
one of the Humbles came to Ins house
about midnight and tried to borrow a gun,
saying that Louis Ferguson was trying to
kill him. He refused the request and
Humble said he was going to Whltakers
■to get his gun. lsham Art ne continued
the narrative, saying that Pleas and Sam
Humble came to the 'house of his father.
Bob Arl'ine. and got him to go with them
to John White's, saying they were afraid
of the dogs. Both were armed with shot-
guns and Sam's face was bloody. John
White took up the thread and 'testified
that the two Humbles came to his bouse
and asked if Ferguson was there. Being
informed that he was not 'there, the Hum-
bles searched the house. 1 leas showed
Mrs. White Sam's bloody face and said
Ferguson did it and totld 'her that they
■were going to kill him and that John \\ hite
and Bob Arline had better get ready to
dig Ferguson's hole. They t'hen went oft
and shortly after White heard two gun-
shots. Thus ends the story of the night.
Continuing. White told 'that this morning
he and Bob Arline were .passing Hook s
saloon. Pleas Humble called them in and
told them that if they said anything about
w'hait occurred last night he would fix
them, and to tell their families also to
keep tlheir mouths shut. Instead ot doing
so, however, they made public their knowl-
edge. At this juncture the inquest was
adjourned until to-morrow.
A short distance from where White tes-
tilied he left Sam Humble and Louis Fer-
guson the hats of both Humble and Fer-
guson were found this morning, together
with a pocket knife and two lead pencils.
The ground was slightly torn up there,
. and it is believed that the men had a dlf-
ficultv, in which Humble got the worst of
it, thus explaining his bruised head and
bleeding face. About 11 a. m. Sheriff Ly-
on and two deputies went to the home of
the parents of the suspected men and ar-
rested and placed the suspects in jail. Two
guns were found at the home of the Hum-
bles, one a muzzle and the other a breech-
loader. One was covered with blood and
showed evidences of recent firing, while the
other had been cleaned, freshly greased
and put away. A News reporter inter-
viewed them in Jail and Pleas Humble said
he knew nothing of the affair; that at 9
o'clock last night he closed the saloon and
went home about 10 o'clock. Sam came
home drunk, cut and bloody. Both went to
bed and did not leave the house until this
morning, when he (Pleas) went to open
the saloon. He closed it soon after and
went home, where he was arrested. He
and Ferguson were good friends.
Sam Humble said that he and Louis Fer-
guson had been drinking heavily, and at
about 8 o'clock p. m. Ferguson said he
was going to the house of John White,
colored, and asked him (Humble) to go
with him; that they, with John White and
Bob Arline (also colored), started for
White's house. Arline soon left them;
shortly after White did the same. They
had proceeded only a short, distance fur-
ther when they met three or four men.
Before he knew anything they were in a
general light in which he was struck sev-
eral blows with a stick or club, he knew
not which, cutting bad gashes above and
below his left eve. bruising his head and
left hip. He lost his hat in the scrimmage.
>Ie was too drunk to know anything about
the row or how it started, and it was too
dark to see who tin: men were, so he did
not know them. As soon as he got a
<-hance he started hack to Kountze, but
concluded he would go to White's to see
if Ferguson was there. He (Humble) w is
alone. H« thought Ferguson had gotten
-way from the crowd and wanted to go
hack to town with him. He did not have
;t gun. He did not search White's house,
nor did he say he was going to kill Fer-
guson. When told he was not there he
went on to town. He stopped, however, at
George Simpson's to get a gun. He in-
truded to go back and get even with the
crowd of strangers who beat him. He did
not get a gun. so he came home and went
to bed, and stayed there until arrested.
He had nothing on him when he and Fer-
guson started but a knife, but lost it some-
where. He said Ferguson was popular
and was his friend
Senator Robert A. Greer of Beaumont
has been engaged to prosecute the case.
Mrs. Ferguson was at Sharon and knew
nothing oi the killing of her husband until
nhc arrived at Kountze to-day. Besides a
wife, the deceased Wv- three children
and a number of relative-. As to what
was the motive behind tie crime, no one
seems to have a theory which may be re-
lied upon. The majority, however, believe
1 hat it is the outgrowth ot the intense po-
litical excitement which now prevails.
MELEE AT A DANCE.
Two Men Fatally and Others Seriously
Injured.
Floresville, Wilson Co., Tex., Oct. 30.—
News has been received liere of a shoot-
ing and cutting scrape last Saturday night
at a Mexican dance on McAllister's farm,
near Lavernia. sixteen miles from Flores-
ville, between a young man named (Jus
P.'ck and several others. The result of
the general melee is that Gus Peck was
slashed across the fleshy part of the right
leg, but not deep. ,
Will .VlcKay was stabbed just below the
Simon Vlllailovas was cut across the left
arm, the arteries being severed.
Marcos Pena was stabbed through the
right 'hand and shot through the right
arm.
Sheriff Ximenes was only two miles away
at the time of the difficulty. He went to
the scene of the duflieuUy with one or
two deputies and arrested Gus Peck, who
... — 4"iled. Mc-
to be fa-
THE SUPREME COURT.
Decisions Rendered bv the Highest
Tribunal of the State of
Texas.
• was brought to Floresville and jailed
I Kay and V-illalovas are beiiieved
R, R. Gaines, Chief Justice; T. J Brown
and L. 6. Denman, Associates;
C. S. Morse, Clerk.
changed to Bexai
were three acquit
as follows: Cecil > Eeflievarrui.
murder, two year
over $20 in valu
Cuellar, burglary
tiz. indicted for
convicted of
months in count,
conspiracy to rob,
jal, burglary, t^o
theft of property
years; Justo V«
WEDNESDAY, OCTOBER 31, 1394
REMARKABLE SURGICAL OPERATION
Detroit, Mich,, Oct. 30.—Deel Wade of
Portland, Mich., had hla jugular vein sev-
ered in a surgical operation here several
days ago. Wade came to the Harper hos-
pital several weeks ago to have removed
a tumor which involved the jugular vein
In the neck. If it had remained death
would have ensued in a year. I he tu-
mor, which was of twelve years' growth,
covered one side of the man's neck. The
operating surgeon made an incision di-
rectly across the tumor and then pro-
ceeded to separate the skin from it. He
dissected around the tumor and
that the removal of an inch and
of 111" vein was necessary.
A tew vears ago the severing of the
jugular vein meant death. With one
stroke the surgeon's knife went through
the vein, and it was cut again in an-
other place. The ends were clamped to-
gether to prevent the loss of blood. The
ends of the nerve trunk were then stitched
together, the cavity was sponged with bi-
chloride of mercury solution, and later
the ends of the vein were put together.
Wade is now at his home with every
prospect of living to a good old age.
found
a half
SEQUEL TO A ROMANCE.
Chicago, Oct. 30.—As a sequel to a world's
fair romance, which was much commented
upon by the angry father searching with
weapons for the cowboy lover of his daugh-
ter a decision just rendered in -the divorce
division of the circuit court will be of tn-
^Gkn'trmie Rosen, who eloped last spring
with Andrew W. Gormley, one of Buffalo
Bill's cowboys, has been granted a divorce
by Judge Tuthill with $5000 alimony,
charged against the husband. The girl told
how she had run away from Chicago and
gone to Milwaukee to be married because
her father refused his consent. After they
returned to Chicago she said her husband
had sent her out on the streets to obtain
a living. He had never done a day s work
she said since they were married and had
spent What little money she received from
her father. Blows and kicks and curses
had been his only recognition of her, and
she had endured them as long as she
could.
GORED BY A BULL.
New York, Oct. 30.—Jacob Swartz, a la-
borer employed on the stock farm of C. H.
Cook at Belle Meade, N. J., was crushed
and gored beyond all human semblance by
an infuriated Holstein bull last night.
Swartz had entered the pen to care for
the bull. When Swartz's attention was
attracted in another direction the bull
made a plunge and pinioned the man
against the side of the stable with a sin-
gle thrust of his horn. Then, backing off,
he repeatedly attacked Swartz until he
forced his body through a heavy board p
tition into the next stall. Swartz was dead
when picked up a few minutes later. The
bull was formerly the property of Sena-
tor McPherson and he is the largest one
of his kind in the country. He weighs
over 3000 pounds. Swartz is the .third man
the bull has killed.
AN ENGINEER SHOT.
Wabash. Ind., Oct. 30.—Oilie Kutcher,
aged 35, a freight engineer on the Wabash
railroad, residing at Andrews, lies at the
point of death at that place, the result of
alleged intimacy with another mall's wife.
The injured husband in the case is Rol-
lin Wilkes, a merchant of Andrews, whose
attractive partner has a millinery store
at Largo, this county. Lately Wilkes sus-
pected all was not right, and last Ihurs-
dav night he went to Largo unexpectedly,
and approaching the millinery store from
the rear found Mrs. Wilkes and Kutcher
ill a room together. He drew his revolver
and flred through the window, inflicting
a fatal wound. «...
Mrs Wilkes procured a carriage and sent
Kutcher away and returned to Andrews.
AFTER AN INVESTMENT COMPANY.
St. Louis, Mo., Oct. 30.—United States
District Attorney Clopton to-day filed in-
formation against Dennis P. Slattery, J. B.
Johnson and W. H. Stevenson. The charge
is that they used the malls for the pur-
pose of a lottery by virtue of their con-
nection with the Guarantee investment
company of Nevada, .Mo.
Messrs. Slattery, Jonnson and Stevenson
nut up the $100,0U0 required by the statute
as a trust fund in the state treasury and
contend thai their connection ended at that
point. The government contends that they
hold 19,021 shares of stock in the company
and exercise absolute control.
Austin. Tex., Oct. 30.-R. M. Thomson
vs. W. R. Laugdon et al.—Error to the
Second district: Trespass to try -title. On
May 23, 1881, the land was located by vir-
tue of a land certificate for 040 acres, the
land was surveyed and the field notes re-
turned. The locater subsequently conveyed
the certificate, by an Instrument duly ex-
ecuted and acknowledged, to Thomson.
The adverse party claims, under an appli-
cation to purchase under the act of July 14,
1S79, as amended by the act of March 11,
1881. The application was made November
15, 1881, and the contention of those who
claim under it is that the unappropriated
land upon which the certificate had been
filed consisted of less than 640 acres and
that therefore the location was void under
the acts cited. The case depends upon the
true location of a line in an adjacent sur-
vey. The court holds that the courts be-
low erred 111 holding that the vacant land
was less than 640 acres. In order to show-
title to the land Thomson introduced in
evidence a conveyance 'by the locater to
him of the certificate executed after It
had been located upon the land. It is con-
tended that the sale of the certificate did
not pass title to the land. I't has been held
(68 Tex. 448) that the sale of a certificate
after location operates the equitable trans-
fer of the land located under it. This rul-
ing is in accordance with the previous in-
timations of the court and Its correctness
is not doubted (45 Tex. 566; 62 Tex. 25). It
has been held that a sale .by an adminis-
trator of a certificate after It had been lo-
cated will not pass the title to the land,
but that ruling rests upon a different prin-
ciple (79 Tex. 329). Reversed and rendered
for plaintiff in error. Opinion by Gaines,
". J.
Battle Legate, by next friend, vs. R. S
Legate—Certified question from the Fifth
district: 1. Where the father and mother
have voluntarily relinquished the custody
of their Infant daughter to another, and
desire to resume the custody of the child,
has the district court, under the amended
constitution, upon the application of the
father, as next friend, jurisdiction to issue
the writ of habeas corpus and determine
in that proceeding to whom the custody
rightfully belongs? The constitution of 1876
expressly conferred and impliedly limited
the jurisdiction of the district court In
the issuance of original writs of habeas
corpus to felcmy cases, such limitation re-
sulting from the use of the words "in fel-
onv liases." The constitution, as amended,
and now in force, uses the same language
with the exception of the words "in felony
cases," which are omitted. This omission
evidences a purpose of conferring upon the
district courts jurisdiction to issue original
writs of habeas corpus In all cases where
such writs are proper remedies under the
established rules of law, whether such
cases be of a civil or criminal nature. The
writ of habeas corpus has long been re-
sorted to as the proper proceeding in order
to determine whether a minor is unlaw-
fully restrained of his liberty, and when,
by means of such writ, a minor of such
tender years as to foe lacking in discretion
has been .brought before the court, it has
not onlv inquired into and relieved against
restraint, if any, but has in addition, or
perhaps as a necessary incident, deter-
mined to whom the custody of 'the minor
rightfully belonged. Both propositions in-
volved In the question are answered in
the affirmative.
2. Is such proceeding by habeas corpus
a civil case within the meaning of the
constitution and statute conferring Juris-
diction upon the courts of civil appeals?
The purpose of the writ is to inquire into
and remove any unlawful restraint upon
the liberty of the person. If it appear that
such person is restrained by reason of his
supposed violation of some criminal —
county for trial. There
lis and nine convictions,
Ec'hevarria. assault to
Jesus Torres, 'theft ot
tw-u year?; Francisco
two vears: Gregorlo Ot-
asdault to murder and
g-a rated assault, ten
jail; Justo \eia Pena,
five years; Luis Caraba-
0 years; Severo Vela,
over $20 in value, two
1 Pena, conspiracy to
murder, two year$ and Celso Garcia, theft
of a cow, two yeirs. On the civil docket
eight cases were disposed of, eleven con-
tinued by conseit, three continued by
operation of law,[and four continued for
service.
f-o—
MA KIM MATTERS.
PORT OF GALlESTON, OCTOBER 30.
7 a. m. 7 p. m.
Barometor | 30*l£tJ
Temperature .
Wind—direction andvalocity... 1U
Precipitation
Weather Clear
THE WEEK'S WEATHER
Rainfall Below the Normal--light
Showers Throughout the
State Sunday.
30.1 S8
65.0
NVV 2
■oo
Clear
ARRIVALS AND DEPARTURES.
Arrived.
Ss South Portland, Rouse, Pensacola.
Barge Rebecca doddard,. Kinney, Pensa-
C Ss City (Br.), Thompson, Shields.
Cleared.
Ss St. Andrews, Reval.
Sailed.
Sch Ada Bailey, Barrett.
VESSELS IN PORT.
Slparnprs.
H. M. Pollock, Mcpowell....
Springwell, Brown
Cayo Mono, Pope.,
Bendi, Beneke
Centurion, Mauldoi
Cranford, Marison!
St. Andrews, Hansin
Tripoli. Sullivan..j
Palmas, Purcell
Samuel Tyzack, Wieppener.
Vala, Ball
Zodiac. *
Kelvin Grove
Tronto, Bartlett..-
St. Jerome, Pugh
Dulwich, Cox
Pembridge, Mortleman
Palentino, Guerrio
St Giles, Fortag
Coquet, Reed
Eric, Taylor
Crathorne, Lewis...
Lev en, Stiles
Ethelreda, Harrisoil
Aeon, Heron I
Lucina
Moonstone. Laverick
Leona, Wilder
City, Thompson
South Portland, Rouse
Schooners.
Belle O'Neil, Dunton
Jennie Lockwood, Wheeler
Jennie Sweeney
Cora H. Hansen, Stahl
Barges.
II. L. Gregg
Regulator
Alabama
Rebecca Goddard, Kinney
Tugs.
Carbonero, Simmons
Sunshine Above Normal-Temperature Nor-
mal Over North Texas—An Excess of
Two Degrees Over the Coast.
for crops. Temperature, maximum 91, min-
imum ">4; rainfall, trace on the 28th.
Houston—D. R. Saunders: Ihe lainfall
was not well distributed and was not
enough to he of much benefit to ci'oijs.
Temperature, maximum 87, minimum a-;
rainfall .31 on two days.
Brenham-J. G. Sloan: Temperature
maximum 80, minimum »4; rainfall .01 on
t!Abifene—Allen Buell: Temperature, max-
imum 86, minimum 38; no rainfall.
A TI'MPI-P OF HEALTH
Where vigor, good digestion, appetite and
Bound repose minister to physical comfort,
is the bodily structure which, however
much its foundations have been sapped by
ill health, has been restored—rebuilt, as
it were—by the groat renovating tonic,
Hostetter's Stomach Bitters. Nothin
fuses strength into
like 'this savins
a debilitated frame
medicine, which, in the
Corsicena—E. L. Gibson: Temperature, vigor and regularity It imparts to the sya-
^ -■-■-ium 42; rainfall .03 on tem, endows it with the surest defense
COTTON ON SHIPBOARD.
(Official Report cf Galveston Cotton
Exchange.)
Not cleared: Received
For Great Britain- yesterday. Total
Ss Palentino, Liverpool J»424
Ss Dulwich, Liverpool 1,955
Ss Zodiac, Liverpool 640
Ss St. Giles,, Liverpool 562
Ss Crathorne, Liverpool 593
Ss Kelvingrove, Liverpool.. 442
Ss Eric, Liverpool 1,084
Ss Coquet, Liverpool
Ss Lucina, Liverpool 2,148
<I:N TO HOT
.IH'ierson Co.,
TA
Beaumont,
!Nl'\s of the killing of Louis
at Kountze lust night react
• lay and caused much excit' ii
nons had many friends here,
everywhere he was known,
of Hardin county came in
j'leas and Sain Humble, eh
)N.
x.. Oct. 30.—
T. Ferguson
• d here to-
ii!"iit. Fergu-
, us he had
Sheriff Lyon
lo-night with
rged with the
rime, and lodged them in jail for safe
keeping. Feeling is very hi :!< :md there
is talk of lynching, thomvh 1 > d brads art-'
trying to keep ii down and the oflicers are
determined it will not or ur.
Sheriff Lyon of Hardin <ounty. Sheriff
Lunghum of Jefferson county and ten de-
termined men took the Humble brothers
to the Sabine und East Texas railway
crossing west of town and ph ced them on
the Southern Paciti- irain for Houston,
where the prisoners will I'e lodged in jail.
An immense crowd w • :ii H - depot and
had any number ol . l■ urnled the train
going west tli" bfllc-r. h;
ready to go also. The tow
cited.
A FUNERAL AND WEDDING.
Guthrie, Ok., Oct. 30.—This evening had
been set for the marriage of Miss Victoria
Hardy of this city to Dr. Duggan of Gal
veston. Arrangements had been made for
a grand wedding at the Congregational
church. Miss Bernice Hardy, sister ol the
bride-to-be, was, however, taken ill a short
time ago and died yesterday and her fun-
eral, instead of the wedding ol her sister,
tilled the church with sorrowing friends.
In response to the dying request of the
departed sister the wedding took place this
evening in the retirement of the family
parlor and the couple left at once for their
new home at Galveston.
WISCONSIN SENSATIONS.
Ashton, Wis., Oct. 30.—Harry Algman, a
sailor on the schooner Verona, 1>11 from
a tramway last night and crushed his
skull, dying a few hours later.
Michael DonmeJly. a sailor ol the Gor-
don i' unpbell, died in a lit of apoplexy.
Joseph Thompson, a sailor of the Verona.,
fell through the hatchway of the boat
and was badly hurt, but -will recover.
The skeleton of a man was found near
Ashland Junction, with nothing on his per-
son to indicate who he was.
The dead body of an infant was found
in a box in a f)ile of ashes in the city.
force
ready ex-
A MERCHANT FOUND DEAD.
Corsicann, Tex., 0< t. 30.—Reliable news
reached this city to-day from Frost that
Mr. Hugh Palmer, a prominent young
merchant of that city, and a son of Dr.
Palmer, was found dead in his store, hav-
ing been shot through the bead. The
wound is said to be a frightful one and
Ms brains were scattered about the floor.
Kheriff Weaver was wired tor. but too
SMALLPOX IN WASHINGTON.
Washington, Oct. 30.—The health oflice
has been informed of a fresh case of
small pox, the victim being Samuel Mun-
del, who had laid carpets in the house oc-
cupied by Mr. Costen, whose child was the
first to die ,,f the disease here. The pa-
tient was removed to the hospital. All
tin eases except that of Owen are report-
ed doing well.
quasi criminal law, as an offense against
the person or contempt of court, then the
proceeding must be classed as a criminal
case, although upon the whole case the
court should be of opinion that the act for
which such person is detained does not
constitute a violation of such law, or that
evidence is totally insufficient to establish
the act. or that the supposed law does not
exist or is void; but, if such person is not
restrained by reason of some supposed
violation of law, then the proceeding must
be classed as a civil case. It is the cause
of restraint which determines whether the
proceeding be a criminal or civil case.
The question is answered in the affirma-
tive.
3. Where the father and mother have by
written agreement fully and finally re-
linquished their right to the custody of
their infant daughter, three months old,
in favor of another at a time when the
mother was unable to give proper atten-
tion to the child on account of illness
from which she was expected to die; and
the child has been formally adopted by
the person to whom such custody was
given; arid where on habeas corpus trial
it is shown that the person having cus-
todv of the child is in every respect quali-
fied to care for the child and provide for
it; and it is also shown that the father and
mother are also qualified in every way to
care for and raise the child, should the
child, after it has been cared for tender
lv and lovingly for nearly two years by
its foster parents be taken from their ens
todv and given over to the custody of the
natural father and mother? The law rec
ognizes the parent as the natural guard
ian of and entitled to the custody of his
minor child so long as he discharges the
obligation imposed upon him by social and
civil law. of protecting and maintaining
his offspring. It does not, however, recog-
nize iii him any property interest in his
child, but merely accords to him the ben<
fits resulting from the child's services din-
ing minority. The state as the protector
and promoter of the peace and prosperity
of organized society, is interested in the
proper education and maintenance of the
child to the end that he may become
useful instead of a vicious citizen; and
while as a general rule it recognizes the
fact that the interest of the child and
society is best promoted by leaving its ed
ucation and maintenance during minority
to the promptings of paternal affection
untrammeled by the surveillance of gov
eminent, still it has the right in proper
cases to deprive the parent of the custody
of his child when demanded by the Inter
ests of the child and society. The one
most vitally interested is the child itself.
Where a parent, by writing or otherwise,
has voluntarily transferred and delivered
his minor child into the custody and con-
trol of another and then seeks to recover
possession of the child by writ of habeas
corpus, such parent is invoking the exer-
cise of the equitable discretion of the
court to disrupt private domestic relations
which he has voluntarily brought a^bout
and the court will not grant the relief un-
less upon a hearing of all the facts the
best interest of the child will be promoted
thereby. The law does not prohibit such
a transfer, but on the contrary allows the
child to reap the advantage when it is to
its interest so to do. The attempted trans-
fer is not a contract and can not be en-
forced as such, because neither the child
nor its custody was a subject matter of
contract. By it new domestic relations
were formed for the child and the pos-
sei'sion by the foster parent is prima facie
lawful. Two homes arc offered the child.
As a matter of law it is entitled to the
benefit of that home and environments
which will probably best promote its in-
terest, whose custody will be most bene-
ficial is a question of fact which this court
has no jurisdiction Opinion by Denman, J.
Total
For France—
Ss St. Jerome, Havre
Ss Vala, Havre
Ss PollocK, Havre
Ss Samuel Tyzack, Havre...
Total
For continent—
Js Aeon, Hamburg
Sf-J Centurion, Reval, Russia
Ss St. Andrews, Reval,
Russia
Ss Cynthiana, Bremen
Ss Pembridge, Bremen
Ss Cayo Mono. Bremen
Ss Cranford, Hamburg
Ss Springwell, Bremen
SENTENCED TO HANG.
Fort Smith, Ark., Oct. 30.—Sam Mickey,
alias Downing, was yesterday sentenced
bv Judge Parker in the United States
circuit eoun to hang December 7. He
kill"! .Innies Wilson, deputy sheriff, in
September, !W1. This is the second time
the dcntii -entence has been pronounced | tp^e* for
upon him. -
pier 29
inner roads
outside
pier 18
outside
outside
outside
pier 13
pier 13
...Bolivar roads
pier 32
pier 33
pier 15
outside
pier 12
pier 29
pier 20
pier 12
pier 12
pier 27
pier 26
pier 14
pier 13
...Bolivar roads
pier 17
pier 33
pier 32
pier 24
pier —
pier —
stream
pier 20
stream
pier —
....marine ways
pier 33
pier 33
pier —
United States Department of Agricul-
ture Weather Bureau—Weather-crop bulle-
tin of the Texas weather service for the
week ending Monday, October 29, 1894, at
5 p. m.:
Precipitation: The week opened with fair
weather and these conditions prevailed
during the entire week except that li^ht
local showers occurred ^en^?lly0^Ii)1l}g^T:
out the state on the 28th. The rainfall on
an average for the week was below the
normal and the deficiency ranged from
.20 to .50 of an inch over west and south-
west Texas and the Panhandle, and from
51 to 90 of an inch over north central
and east Texas and the coast district.
Sunshine: The weather was clear ex-
cept toward the latter part of the week,
when broken cumulus and cumul°-9tratus
clouds prevailed generally and reduced the
amount of sunshine to some
on an average for the week the sun-
shine was considerably above the normal
a Temperature: The week °PeI}*d5wj^,rg^
temperature ranging from 3 to 5 de|rt|«®
above the dally normal with the greatest
.pier 20
Total
Vessels of non-members....
Coastwise—
Mallory line
Morgan line
Total
Grand total
8,848
4,502
2,575
101
1,300
8^538
200
1,103
316
1,541
247
20
92
3,569
3,314
411
411
..24,680
4,718
5,827
7,205
7,947
2,766
3,651
3,714
2,119
2,148
40,095
6,300
3,800
6,247
1,300
17,647
200
4,925
8,371
2,f"
5,946
7,497
S50
8,017
38,505
28,173
3,138
210
3,348
127,768
and hence rain is needed badly. Temper-
ature, maximum 86, minimum 40; rain-
fall .02 on one day; sunshine 91 per cent.
Albany—N. L. Bartholomew: The weather
has been fine for picking cotton and about
one-half of the crop is gathered. The
outlook continues promising. Tempera-
ture. maximum 90, minimum 55; rainfall,
ra on the 19tli.
Galveston—Central station: Fall vege-
tables are generally suffering for want of
more rain and are dointr very little good,
except where irrigated. Temperature, max-
amrnpMi, i imum SB, minimum 50; rainfall, trace on
T„i,,, Rrtirht <Rr) . . .sld Oct 16 the 29th: sunshine 9.i per cent.
Glenhnfren sld Oct! 23 Amarillo—Wayland Bailey: Weather gen-
..... , . I erauy favorable. Temperature, maximum
7(1 minimum 32; no rainfall.
Colmesnell—r. II. Robinson: Cane is be.
LIST OF VESSELS UP AND CLEARED
FOR GALVESTON.
New York.
Ss Comal. Risk sld Oct. 25
Ss Concho, dwell sld Oct. 2i
Baltimore.
Sch Nina Tillson, Green eld Oct. 16
Philadelphia.
Sch Thos. G. Smith sld Oct
Sch Geo. Taulane. Jr, Fisher eld Oct. 10
Rk Anita, Bet-wind..' reported Oct. 16
Sch M. V. B. Chase, Plnkham... .eld Oct. 23
St. Vincent.
Ss Falrmead, Nicholson sld Oct. 10
Ss Honiton, Hutson at Oct. 15
Shields.
Ss Shllllto sld Oct.
Ss Delmar sld Oct. 22
Dartmouth.
Ss Fairmead, Nicholson at Sept. 3
Cardiff.
Rs Starlight, Miller at Sept. 25
Ss
Ss
Ss Birchlleid, Norton..sld Tenerlffe Oct. 24
Rio Janeiro
Ss Thames, Armstrong..Montevideo Sept. 14
West Hartlepool.
Ss Plympton, Moore sid Oct. 33
Swansea.
Ss Julia, Park sld Oct. 10
Liverpool,
Ss Ramleh, Ainslie
Calcutta.
Bk Hawthorne Bank, Groundwater....
sld Sept. 17
Bombay. C
Ss Madeline sld Sept. 37
Rotterdam.
Ss Georglos Michalinos (Gr.)
psd Gibraltar Sept. 18
Sunderland.
Ss Wm. Branfort (Br.)
Las Palmas.
Ss Clandlboye. Forbes
Ss Starlight (Br.), Miller...
Demerara.
Ss Gyller, Rasmussen
Hartlepool.
Ss East Abbey
Blyth.
Ss Chollerton (Br.), Milne..
Teneriffe.
Ss Birchfield (Br.), Norton..
excess over the coast district. The tem-
nerature fell 5 to 12 degrees over north,
central and east Texas about the middle
of the week, when it averaged below the
normal over these sections but it contin-
upd above the average over the otntr por
Hons of the state. The temperature fell
at tile close of the week .t0.^0"'houtMth?
over the Panhandle and throughout the
state. On an average lor the week tnc
temperature has ranged from Jihout tne
normal over north Texas to an excess of
9 flpe-rees over the coast district.
highest temperature at the »ev"®;l s''a '°"s
i,rlr,T the week has ranged from 7b de-
crees over the Panhandle to 8S degrees
over the central portions of «>e »ta^an^
the lowest has ranged from J- degrees
over the Panhandle to 50 degrees over the
east coast district.
CONDITION OF CROPS.
The week's weather, until the evening of
the 27th, was exceptionally fine for pick-
ing cotton. The cold and unsettled weath-
er at the close of the week will have a
tendency to retard picking to some extent
and will also check the growth of the top
crop over the northern portions of the
state The top crop over the southern por-
tion of the state is about made and the
matured bools are opening. Ihe gteater
portion of the cotton crop is SaUiered, but
a great deal remains in the fields to be
nicked. The correspondent at Colmesnell
states that scarcely one-half of the cotton
h^arm"rsgluinved'gathered some corn during
the week, and the yield was very so™.
Very little wheat was sown on account
of the drv weather. Early sown wheat is
not coming up very well and a poor stand
is expected unless it rains soon.
Turnips and fall vegetables are needing
rain generally and are not doing well ex-
cept where irrigated. ,,
Farmers are generally very well up with
their work, considering the dry weather.
More rain is needed to furnish stock
water and to put the ground in proper
working condition.
CORRESPONDENTS' REMARKS.
McKinney—G. A. Wilson: The week's
weather has been fine for picking cotton
and gathering corn. The prospect for a
large cotton crop is good. The top crop
is generally secure from frost and the
yield is very good. The ground is rather
dry for plowing and sowing wheat. Stock
water is getting scarce and rain is needed.
Temperature, maximum 70, minimum 4i»;
no rainfall; sunshine 92 per cent.
Orange—G. H. Kitchens; The weather
has been clear, with light, variable winds
and slightly cooler. Farmers have gen-
erally made good use of the fine weather
and as a rule have their work up. A
good soaking rain now would be very ben-
eficial to growing crops. Temperature,
maximum 85, minimum 52; rainfall .99 on
one day; sunshine 98 per cent.
Aurora-H. B. Wayland: The rainfall
(.90 of an inch) on last Saturday night
was well distributed and was beneficial
for sowing wheat, making grass grow and
for furnishing water for stock. Cotton
still opening and this week's weather was
fine for picking. No discount on <v""
yield of cotton and the top crop is
taken into consideration.
promising. Temperature
minimum 52.
Dallas—G. A. Eisenlohr: Weather fine
for picking cotton and a large per cent
of the crop still remains unpicked. The
ground is getting very dry for plowing
i.niuia fain tn nppfipil hadlv. Temoer-
maximum 84, minimum 42; rainfall
^Columbia—J. S. Rogers: Temperature,
maximum SG, minimum 64; no rainfall.
Dallas—8. A. Eisenlohr: Temperature,
maximum 86, minimum 40; rainfall .02 on
11Hunm-llle—W. Y. Barr: Temperature
maximum 84, minimum 50; rainfall .3a on
"Longvlew-G. W. Krech: Temperature,
maximum SS, minimum 40; rainfall .03 on
"lu"!trie—John Carter: Temperature, max-
imum 84, minimum 5ti; rainfall .05 on the
'Nth
* Paris~C. E. Thorne: Temperature, max-
imum 90, minimum 40; rainfall .02 on the
2SSan Antonio-L. F. Passailaigue: Tem-
perature, maximum 86, minimum o2; rain-
fas1aii28Marctohs-W.h'c. Dugger: Tempera-
ture, maximum 88, minimum 42; raintall
°!herman—W?' C. Jackson: Temperature,
mWa™o-W86' HDlQodberi ^Temperature,
maximum 84, minimum 42; no rainfall.
Weatherford-J. H. Stickford: Temper-
ature, maximum 86, minimum 42; no rain-
fall.
o-—
SHERIFFS' DEPARTMENT.
(No matter accepted for this column that
does not bear the signature ot a mi mbu
of the Sheriffs' association of J exasj
(The attention of sheriffs and others en-
titled to the use of thl^ department of The
News is called to the fact that no "oHm.
or communication calling for the al rtst ot
a person or persons by name or■ <lebcr p
tion will be published unless such not'^
or communication states that the party
whose name is signed to the on 2,
warrant of arrest against sii'ch pel son or
persons for the offense with which they
may be charged. No exception in any
stance will be made to this rule.
News.)
tem, endows
against disease, and the best guaranty
of a long life and hale old age. Worn out
men of business, tired mechanics, over-
worked mill hands, miners broken down
by hardship and exposure to malaria, mar-
iners and tourists all declare that it is ihe
best safeguard against the influences of
fatigue, bodily or mental, and of climate
and temperature. Incomparable for bilious,
rheumatic, kidney and nervous troubles.
:o:ei- imiog-OIRIK:.
This Well Known and Reliable Specialist «*uro»
ftgtnUa. strictures, pilos and all dueaaesofih#
rectum and gonito-urinary ort;uu9 withoat paia
or detention from business,
TTTri»T7 MMf Buffering from lost manhoci or
V Dilli illD11 impaired vigor speedily restored
by the use of
DR. McGORK'S INVIGORATOR
Ihe Gre»t Vital IJestorative.
Apositiro care for ump
oua debility, spermatoi>
rUoat, dizziness, despoud-
oncy. failing memory, pro-
slatarrLioaa. trembling and
nervous diseases ca i!-.ed. by
youthful indiscretions, ex-
cesses or the abuse of er :n-
ulam-s. it restores lost
manhood, impaired vj,; r
and exhausted vital ivy,
stops unnatural losses, en-
largea and strengthens th®
«nraiLfr. cures pimples, blotches and private
ttfeMMos. Price SU per bottle, or 6 for $10.
T. MoGOKK, M. !>., SPECIALIST,
SC27 Market St.. Galveston. Tex.
Show
Merit
given
applying
personally
letter
-The
FAYETTE COUNTY.
Lagrange, Tex., Oct. 30.—Stolen, frorni
Gasper Flowers alt Lagrange, on October
27, one gray mare about 14 hands high,
not branded, limps on fore leg when rid-
den hard; also saddle and bridle; one bay
horse, about 14 hands high, heavy set,
branded 72 on left shoulder, spot In face
and snip on nose, with saddle and hridle
stamped John Northrup, Gididings. Were
seen last going east. Owner will pay $>•>
for said stock delivered to him. 13. Lj.
Ziapp, sheriff Fayette county.
CURE
YOyRSELFJ
' Big is a non-poisonous '
remedy l'or all unnatural]
J disc barges, and any influm-
jjrrnatioii, irritation or ulcer-
lution of mucous membranes.
SOLD BY DRUGGISTS
! or sont in plain wrapper, by
i express, prepaid, on receipt of
si.00. Descriptive Circular
^mailed on request.
Hanufurturi'il by
^Tho Evans Chemical Co.
CINCINNATI, 0.
U. S. A.
HOPKIN1S COUNTY.
Sulphur Springs, Tex., Oct. 30.—Stolen,
from the rack in Sulphur Springs, a black
pony mare, heavy built, 5 years old, star
in forelhead, snip on nose, "branded J 5 on
left shoulder, rigOnt ear split, had on red
leather saddle, rope around neck. Liberal
reward offered by J. T. Gillum, Carroll s
Prairie, Tex., for information leading 'to
recovery of pony; $10 for the thief in any
jail in Texas 'by H "
Hopkins county.
B. Sherman, sheriff
the
not
However, it is
maximum 90.
Do not suffer from sick headache a mo-
ment longer. It is not necessary. Carter's
Little Liver JJills will cure you. Dose, one
olll. Small urine, tainu.ll dose. Small if ill,
CONVICTIONS AT RIO GRANDE CITY.
Rio Grande City, Starr Co., Texr., Oct. 26.
—District court adjourned at this place
yesterday and the judge and district at-
torney left early this morning en route
to Brownsville, from wtoicih place they will
go to Corpus Chrlstl. On the criminal
docket twenty-one cases were continued,
nine of wftich were cases awaiting dispo-
sition of similar cases in ether counties,
and six for want of witnesses residing In
Other counties who could not get here in
time for court. There were twenty-three
oases dismissed for want of sufficient evi-
dence to convict, of which eleven were
old cases on the docket which have been
eonlbinued lro-m >term to term and In most
of which the defendant's were never ar-
rested and are now <2ea4. One oase was
sld Oct. 18
, at Oct. 15
.sld Oct. 10
.sld Oct. 22
.sld Oct. 22
..sld Oct. 24
. .sld Oot. 24
VELASCO NOTES.
Velaseo, Brazoria Co., Tex., Oct. 80.—The
steamboat Hiawatha, with general cargo
from Galveston, went up. the Brazos last
night.
Steamship Elfrida finished coaling and
sailed for Norfolk, Va., last night, to be
docked.
The schooner Nettie with merchandise
arrived from Galveston to-day.
Captain Fred Brock has bought the fine
steam launch Richmond from parties in
Galveston.
MARINE NOTES.
The steamship Centurion sailed to outer
roads to finish loading.
The steamship Springwell went to the
Inner roads yesterday bound out.
The British steamship Zanzibar, which
sailed from the outer roads yesterday,
bound to Liverpool, returned to her anchor-
age last night for repairs to her ma-
chinery.
Eight steam and eight sailing vessels,
with an aggregate of 3807 tons net, were
assigned official numbers and signal let-
ters by the 1'nited States bureau of navi-
gation for the week ending October 20.
The sloop Edna Frieberg, Captain Moore,
that carries the United States mail to
Smith's Point, capsized off the west end of
Pelican island on her trip from Galveston.
The sloops Little Dora and Ella went to
her assistance yesterday about « o olock
p. m.
o ——■
Mothers give Angostura Bitters to their
children to stop colic and looseness of the
bowels. Dr. J. Q, B. Si<*ert & Sons, mU.
lng cut. and the crop is extra good. Most
of the cotton is picked, but scarcely half
sinned. Potatoes are turning out very
well. Rainfall, .57 on the 28th.
New Braunfels—J. Gieseck: The cotton
crop is about all gathered. The worms
sld Opt li have eaten all leaves off of the stalks and
the top crop will be very light, if any. The
rain was beneficial. Temperature, maxi-
mum 83, minimum 57; rainfall, 1.70 on the
21st.
Grapevine—W. J. Crowley: More rain
needed for stock water and to start wheat
to growing. Cotton is about three-fourths
gathered and sold. If it does not rain soon
there will be a poor stand of wheat on
account of it not coming up regularly.
Temperature, maximum 90, minimum 56;
rainfall1, .55 on the 20th; sunshine 84 per
Beaumont—Guy W. Junker: The rain
will be of great benefit to crops. Tempera-
ture, maximum 80, minimum 74; rainfall,
2.03 on the 28th; sunshine 96 per cent.
Belton—A. J. Embree: Season for pick-
ing cotton is very fine. Only one day
with weather favorable to retard picking-
Temperature, maximum 88, minimum 50
rainfall .50 on the 28th.
Arlington—C. F. Mercer: One-third of
the cotton is falling off at the gins. Tem
perature, maximum 91, minimum 44; no
rainfall.
Round Rock—Thomas Wood: Cotton
picking nearly done and fine workin.
weather prevailed all the week. Corn
gathering is progressing very well. Farm
ers wanting rain to put ihe ground in
good working condition so that they can
put in their fall crops. Water getting
scarce. Temperature, maximum 92, min-
imum 60; no rainfall.
Coleman—E. A. Lindsey: Cotton is open-
ing slowly. Considerable amount of wh?at
is being sown. More rain needed to put
the ground In better working condition.
Temperature, maximum 83, minimum 54;
rainfall .38 on the 21st.
Lampasas—W, H. Webber: Weather fa-
vorable for picking cotton and the top
crop is opening up mostly with matured
bolis. Fall forage is being saved. Tem-
perature, maximum 91, minimum 54; no
rainfall.
Bellville—L. L. Prouty: Weather favor-
able for the top crop of cotton and for
picking. With ten days more good weather
the cotton crop will mostly be gathered.
Temperature, maximum 88, minimum 74;
rainfall, trace.
Tyler—C. E. Wood: Weather generally
favorable for crops. Temperature, maxi-
mum 83, minimum 42; no rainfall.
Jefferson—L. G. Braden: The dry
weather is slightly Injuring turnips and
fall vegetables, but has been fine for gath-
ering cotton. Temperature, maximum 71,
minimum 58; no rainfall.
Palestine— M. Wright: The weather was
beneficial to crops. Temperature, maxi-
mum 88, minimum 43; rainfall .14 on the
, 28th.
Alba—William Sloan: Cotton about ono-
third ungathered. Peas are not gathered,
but are good. Wheat sowing has com-
menced.
Cuero—J. M. Kauss: Weather favorable
HARRIS COUNTY.
Houston, Tex., Oct. 30,-Strayed or stolen,
black horse about 16 hands high, 4 years
old, 110 brand, small white star in forehead,
one hind foot white, swollen and looks like
it is diseased with itch, shod on both hind
feet, no shoes in front. Five dollars re-
ward for return of horse and if stolen, $10
for arrest of thief. Address G. W. kills,
sheriff, or J. B. Parker, deputy sheriff,
Houston.
ROBERTSON COUNTY.
Franklta, Tex., Oct. 29—One negro, copper
color, 'height live feet nine Inches, 32 or
33 years old, scar on the front of neck,
scar on left shoulder, scar on right knee,
scar on small of back, scar on right cheek
of his rump, soar on left arm, escaped
state convict, from Ed McNutt farm, Mum-
ford, Texas. If caught, please notify P.
B. Jones, sheriff Robertson county, or Ed
McNutt.
ELLI3 COUNTY.
Waxahaofale, Tex., Oot. 30.—Stolen from
the rack here to-day, a bay horse, 16 hands
high, collar marks, lump on. left side of
neck by a collar, hatched to 'a black top
bufffiv, nearly new, harness made of tan
webbing; $25 reward for horse, 'buggy and
thief. J. M. Meredith, sheriff El'lis county.
GONZALES COUNTY.
Gonzales, Tex., Oot. 2D.-Ten dollars re-
ward: Stolen, from G. 'C. Leazer, near
Moulton, on October 24, black horse, about
1514 hands high, 10 years old, saddle marks
branded on left shoulder (figure 3 turned
down), gentle In harness. R. M. u-lover,
sheriff Gonzales county.
DALLAS COUNTY.
Dallas, Tex., Oct. 30.—Strayed or stolen
one bay pony, about 14 ihan'ds high, one
hind foot white, wlllt'h knot on left knee,
branded 9H on left shoulder; $10 for his re-
covery. Mark Soper. 243 McKinney avenue,
Dallas, or Ben E. Cabell, sliernf Dallas
eounity.
JOHNSON COUNTY.
Cleburne, Tex., Oct. 29.—'W'ho wants
sorrel mare mule, about 4 years old
branded on left shoulder T, 15 hands hisfli
has on no shoes, good traveler. John I
Rogers, sheriff Johnson county.
BRAZOS COUNTY.
Bryan, Tex., Oct. 30.—Who wants
brown horse, 10 Hands hlg*h,
shod in front, long nrane
one
no brand,
nmm ... .—o am' ta,"? If
wanted, please notify T. C. Nunn, sheriff
Brazos county.
The severest cases of rheumatism are
cured by Hood's Sarsaparilla, the purlller.
THESE UTILE i'II.1.8 WIM.QUIOKI.I OTKJ
GKAI5IS
1»\ dudoctour /Jf
*w\FnAKcKy^<
eUSTMSii
C8XSESTIQI! I
HfflE! I
See that wordp, "Grains tie Saute du Dr. <
Franck." are printed in 1 colors on lid ol box. 5
Othern are counterfeits. LEltOl. Paris. 5
1). lougera &' Co., New \ ork. #
.WW//
DR. BALDWIN
HDFTUKE A Nit KECTAL
SPECIALIST.
1 guarantee to euro Rupture, Piles, FlstuU
In Ano, Ulcerated Rectum, Hydrocele and
Varicocele, without icnife or detention from
business. Nt) CJNTiL CURKD.
Why wear a truss and suffer when a cure is
offered you on Kuch fair terms. Hundreds of
b tr ated in and around \V aco the past throe
oars. Somu you may l;iiow. Write for roioreack
bit. Oflico: Kooms 83, W, ill, Provident buildic*
•W.A.OO T!i?35:.A.S.
RUPTURE and PILES
IH'RKR Without the KNIFE or
UUftlluJdeteniion from business.
Fistula, Fissure, t'lecratiosi
of the Rcetum. Hydrocele
and Varicocele. So t'nre
no Pay, and Xo until
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itlve pamphlet, containing eer-
tlfieatea from many promi-
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you may know.- Address,
DR. F.i. oicKEY,395 Main St,Dallas,Tox.
< INJECTION
THE1TQ4 BAY GUns
F8llALB>
r0T tionorrliKa, Gleet, T.cucorrhcoa and flpermaloreboa#
No Fain, No Stain., Free Syringe
Prevents STracTtrRE and all private i> seaseEJ.
;»t OrnTpiuts, or spnt to mi j address, for $1.00*
••Injcotion Maiydor is "fho float.; of r.ll .llroilar retrained"
^ DR. uliMiY EENY, atddoforJ, V a.
tAALYDQR MFC. CO», La:jcaetorr 0«>
To
AND
Printers
Publisher
'S
TTPE
1400
1500
Lbs Nonpareil
Typo, incuses or
in bulk.
Lbs Minion
Type, in cases or
in bulk.
18 DOUBLE (Iron) STANDS
The Red Flag Is Flying
Many Imitations and simulations of
Carter's Little Liver Pills are being sold,
and it is our duty to raise the "danger
signal."
HEED THE WARNING.
You can not be too careful; you can
not scrutinize too closely. When you
ask for Carter's Little Liver Pills, you
want "C-A-R-T-E-R-'-S." Don't be im-
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Pills.
A POSITIVE CUBE FOR SICK
HEADACHE.
Small Pill. Small Dose. Small Price.
All ot tho above material is in
cnod condition unri which wo
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For further information ad-
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A. II. ItELO & CO.,
Publishers News,
Cialteston, Ten.
THE HEWS
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Semi-Weekly News, $1 Per Kear
With Bismi-Werrly News ono year or Dail*
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The Galveston Daily News. (Galveston, Tex.), Vol. 53, No. 222, Ed. 1 Wednesday, October 31, 1894, newspaper, October 31, 1894; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth466507/m1/6/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.