Fort Worth Daily Gazette. (Fort Worth, Tex.), Vol. 13, No. 172, Ed. 1, Saturday, December 22, 1888 Page: 3 of 8
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In AH Complaints
Of the Stomach Bowels Liver and
Kidneys Ajers Tills aro taken with
excellent results Being purely vege-
table thoy leave no ill effects and may-
be safely administered to any one old
or young in need of ar aperient and
cathartic Physicians all over the
country prescribe Ayors Pills qndt
recommend them as a gopd hily
Medicine
If peopl iiilVj AYer i rills
says Col tHerman 6f Franklin
Texas in c6rci as you direct very
many of Uaieriom ailments that como
frQiJtjrpldity or derangement of tho
JijwSinl from malarial infections would
t bo avoided I havo uvd these pills
above a quarter of a century and know
whereof I affirm
Herman Bringhoff jewolry engraver
Newark X J writes Costiveness
induced by my sedentary habits of life
became chronic Avers Pills afforded
me speedy relief lhelr occasional H30
lias since kept mo all right
Dr
Acers Pills
KOUNDUPS
Eational Methods of Feeding
Texas Cattlemen
rnEPAUKD BY
J C Aycr te Co Lowell Mass
Sold by all Dealers in Medicine
Applied to
Work of tho New Butchers and Cattle Growers
Organization An Interesting Case Set
tledIIo Would Not Sell
Tho Dny Cattlo Company of Runnels
county shipped fifteen carloads of fat
beeves to Chicago last week
Tho country around Coleman is not bo
hind other parts of the state in tho feed-
ing of cattle It II Overall near Cole-
man is feeding 1C00 head of cattle on his
ranch this winter und W P Stauiphill
will also feed a lot of corn into a bunch
of beeves
Joee Itodrigues who is in tho employ
of the Oak Grove Cattle Company of New
Mexico treed a mountain lion last
week andalthough he was not armed
ho did not propose to leave tho fierce
monster without a light lie tied his
pocket knife on to a polo with his hat-
band and stubbed the animal to death
It measured over six feet from end of
tail to noso It was surely a bravo deed
bordering on recklessness Many a man
would not have attacked such an annual
with a Winchester
A Fort Worth gentleman said that tho
new national organization of cattle grow-
ers and butchers was not letting the grass
grow under its feet by any mcuns The
work of rolling up tho membership is
being assiduously pushed by the ollicers
and there w now in course of preparation
at the headquarters iu Dallas a circular
calliug for funds to defray the necessary
expenses of such legislation as the organ-
ization wus formed to secure A measure
for state inspection of cattle on hoof be-
fore slaughter is to bo introduced in all
ho state and torritorial legislatures that
meet this winter
A cano that bus excited great interest
among the stockmen involving us it does
a large amount of money and being based
upon n system of transactions in live
Btock once in vogue nil over tho range
country but now almost unknown has
reccntlv been decided in Cheyenne Dr
Ii Dole sued Charles Ilccht for Si 000
and lost the case Tho parties to the suit
were both cattlemen Ilecht sold Dole a
herd of cattle iu 1S S3 tho book account
Of which showed 1iUO head When Dole
came to count Uis cattle he could ilnd but
1200 und brought suit tor tho difference
Tho defense claimed that 110 misrepre-
sentation had been made and that the
book account method of selling cattlo was
universally iu use at tho time of the
transaction
It is now more than two years sinco tho
once famous Coles circus made its last
appeurauce in Fort Worth From hero it
went to New Orleans where tho whole
concern was disbanded und sold out part
of tho outtit goiug here and tho other
part there Mr Colo had three dun ring
horses that ho had owned for years and
that were sold with the others without
MrCotes knowledge Ho at once
boughttliem back saying that ha lijdl
never consent to have the horsejPrj ecomdS
tho of who wftiild
commit which
small bunch of cattlo fools obliged to tie
eah animal by itself in order to get the
bcsl gain and be ablo to control the food
supply But is tying up fattening cnttle
really ocouomy after all Tho operation
adds immensoly to tho labor bill for the
manure must be laboriously removed sev-
eral times ft day and a largo amount of
beddmc supplied if the animals are to be
tit
silrov
property anyone niakej
them work and ho had dofcrded to pup
them to a painless death 31 o propgtd
bleeding them to deathTut VsB
Leonard a liveryman sugj SSlXthat
tho use of chloroform would be spjipttgif
and less painful mode This wfrri aily
decided upon and a ivliabl6maii pro-
cured who was to have performed the
operation
They wero all collected in the circus
tent There was Cole Leonard tho
riders and the clownsthe ringmaster the
tumblers and the leapers and tho three
pot duns Calling the little maro by
nnmo he told her to kiss them all good-
bye Tho intelligent auimal stretching
forward her head kissed each one This
was more than they could stand and tho
sacrifice was put off Cole had no place
to take them to so Mr Leonard promised
to find some ouo who would assume charge
of them under a guarantee never to
vork them but to keep them in good
Jrder until death should claim them for
tho graro
+
Thoso who aro putting up cattlo in this
part of Texas this winter for the spring
markets are giving a great deal of atten-
tion to economy in feeding being inclined
to think that perhaps farmers in the north
who hnndlo a comparatively small num-
ber of steers aro ablo to dovoto greater
pains to their few than can theToxas peo-
ple who enrry through so many There
nro points of view from which the ques-
tion can bo looked at by which it can bo
6eon that tho advantage if any is on the
Bide of him who has thejsmall bunch
Those who feed cattlo in a small way
kept from becoming most unsightly from
tho accumulation of filth
Quiet is a factor of great importance in
fattening and tying an animal certainly
restrains movement but is it not en-
tirely too enforced in its charactor One
has but to recall the excruciating fatigue
he experiences from standing any length
of time on one spot as in a crowd
for instance to realize the great
crence between that operation and
oving about oven iu a somewhat re
stricted manner In tho average cat
tle shed of the west tho temperature is
but slightly higher than that with-
out In view of this fact could not the
animals fight cold far better if left each
to choose where to pass the night and
the position and direction of the body
when resting After going over tho
ground thoughtfully one is forced to ask
why not turn the fattening cattle into a
small yard enclosed by buildings or fences
or a combination of both which shall
break the cold winds and at one
side of this yard have a shed under which
the cattle may go at will to get out of the
suow or rain so located that they can lie
down in positions best suited to comfort
and rumination and have room enough in
day time to relieve tho weariness of
limbs and be in tho sunshine on bright
days Whether this idea is right or not
it is a fact that many of the large feed-
ers men of careful close observation
would not tie up their cattle if the work
therefor cost them nothing
Tho second point on which tho small
feeder exerts himself in the supposed di-
rection of economy is by grinding and
even steaming the grain fed to stock
His old country ancestors performed one
or both of these operations with the great
difference however that the grain
ground was what wo call small grain
barley oats or rye and that these
wero high in price while labor was very
low relatively Then down East
where our small feeders moved from
they always feed meal to worn out work
steers and such cattlo did remarkably
well according to all tradition on this
diet Tho miller while tolling his
grist liberally descauts glowing-
ly upon the great advan-
tages of reducing all grain to meal If
our farmer friend grows weary of paying
tribute to the miller he usually falls prey
to the agent of the iron grinder mill and
becomes his own miller but not for long
for grinding soon proves an irksome
job and often before the paint is worn
off the mill becomes a silent monument
to the inordinate love of tho average
American for laborsaving machinery
and the sirenlike seductiveness of tho
average agricultural machine agent
Any ono who knows anything about
a steer knows that ho prefers whole
corn to corn meal and ear corn to
cither It costs an eighth of the
corn to grind it and another eighth to
take it to and from the mill Why
not feed oar corn at onco to tho cattle
even if a fourth of it does nothing but
find its way into the manure heap But
no such loss need be incurred With hogs
to follow ear corn can bo fed with actual
economy besides tho saving in labor and
experiments carefully conducted show
this Probably meal will finish up a
steer better than ear corn but for tho
bulk of tho feeding thero aro no trials to
which wo can point that show in favor of
meal over whole corn A step still fur-
ther in tho right direction is to feed uu
husked cornfodder and all to the cattle
Such innovations will appall many
farmers they have become so used to
doing these things in the most painfully
tedious way that they would actually
be miserable with the unoccupied time
left on their hands by such shortcut
methods Tho traditions handed down
from tho fathers aro all against it and
tliiiy will be slow to yield But yield
they will though slowly What wo are
drifting toward is not more complicated
methods of feeding but big crops to
feed better stock to feed it to and
simple rational mothods of getting feed
to the animal
Shipped from Holland
Special to the Gazette
Holland Tax Dec 21 J B
Kawlet of this placo shipped a car of fat
cornfed beeves to St Louis yesterday
Central Tpxiik Ilvo Stock Exchange
Special to the Gazette
Waco Tkx Dec 21 Tho Central
Texns Live Stock Association this after-
noon formally opened its live stock ex-
change at No IOC North Fifth street A
meeting of the executive committee was
held VicePresident Heconger pre-
siding and rules for carrying
on tho business of tho exchange were
udopted The secrotary was ordered to
subscribe for the Fort Worth Gazetti
tho Dallas News and tho Day to be filed
for reference in the reading room Tho
exchange was then christened
Mums extra wot
itn Bah2tM sic
ye
vrvffl
her CasSSteb
fchen sbeVos a CftiAoVt toJs
Ladies
CPiaViH
vffl fe
with
ca shSbidJaiuJreir sho save tMificastorte
SilvqrlieaaUoffcaries and umbrellas
SlMStfSiy W C PiAKiiLi
fP
Chicago Tribune
She was a little cross eyed woman and
she had stood up in a street car and clung
to a strap until she was tired Suddenly
sho spoke
Thank you sir Since you kindly
offer me a seat I will take it
Six men looked up Each one of the
six thought she was staring at himself
and she took her choice of tho six seats
instantly placed at her disposal Won-
derful is the power of the human eye
when it happens to bo a lttle askew
T P A Thll e mbers aro earnestv
requested to eid the meetings b < tfi
Pickwick tofSght a o elqcTi
ThftOR0ttrW Co are elosinxQuMffirr
xwags il >
nreapt to errors larger
feeders do not fall into from mere force 0g < Sxot druggist hohda aVr ffifrttT cost
of circumstances With a large numfjgr
of animals to handle it is practically im-
possible to enter into all tho nice details
of care for Individuals and special prepa-
ration of food which by many aro sup
posed to especially conduce to the oc
nomical rapid production of grain and
in consequence to largelv iucrease the
profits of tho foeder Tnko housing of
esS15toI75at W
do Main street
cattlo for instance The owner of aJp Ah exclaimed tho matteroffact
Music boxpjWtinfill styles and prices at
Hall Hleeflles 300 Houston xtr gj
EYdfyody is invited to call and efs
f
kffielrstock
man joyfully as he saw tiio bending in
the newspaper Trials of Authors
so theyve arrested some of thoso con-
founded poets at last have thcyj
Wouldu t I like to be on the jure1
> ArjaiW
Opera glasses3fccW
> iA0W C Pfaeffle
CQS aia street Fort Worth lex
j
COUET OF ATPEA1S
Synopses of Decisions Gendered at tho Prcs
ent Tyler Sitting Important North
Texas Cases Tassed Upon
Correspondence of the Gazette
Tyler Tex Dec 20 Bud Robinson
vs the State appeal from Bosque Con-
viction for burglary There is no material
error in the charge and the indictment
is sufficient The evidence fully supports
the conviction and there was no reversi-
ble error in the court below Affirmed
Willson J ji
Felix Burtcher vs the State appcfe
from Hays On motion for rehearing
The motion having been duly considered
nothing therein has shown to the court a
sufficient reason why this court should
change its opinion of a former day affirm-
ing same the motion will be refused
Motion overruled Willson J
II Heuslee vs Edward Eastburn ap-
peal from Grayson On motion for re-
hearing No reason being shown in the
motion why the court should chango its
opinion of a fonrfcr day the motion will
be overruled Motion refused Will
son J
J C Denson vs W J Williamson
appeal from Gonzales On motion for
rehearing The grounds set forth in the
motion having been duly considered by
the gourt it is adjudged that tho same
be refused Motion overruled Willson
J
Thomas n Miller et al vs Peck
Fly appeal from Gonzales On motion
for rehearing There is nothing iu tho
motion to warrant the court in setting
aside the judgment hitherto rendered in
this cause Motion refused Willson J
Thomas P Kinnear vs T N Jones et
al appeal from Smith There is no er-
ror in any of tho rulings of the court be-
low or in tho judgment None of tho
assignments of error are well taken No
reversible error Affirmed Hurt J
B It Cobb vs T J Powell appeal
from Clay On motion for rehearing
The grounds set forth in the motion hav-
ing been duly considered it is adjudged
that same are untenable and will be re-
fused Motion overruled Willson J
AT Ballard vs Fenton Bird et al
appeal from Kaufman Motion to affirm
on certificate In this case the motion to
affirm failing to show that the court be-
low had jurisdiction of the cause this
fact renders it defective and will necessi-
tate a dismissal ofsamo Certificate
dismissed Willson
J M Mullins vs Matador Land and
Cattlo Company limited appeal from
Tarrant In this case the evidence rails
to support plaintiffs cause and the judg-
ment of tho court below m favor of de-
fendants was correct No error Af-
firmed Hurt T
Joseph Crowley vs tho State appeal
from Jack In this case the evidence
upon which tho conviction is based is
wholly circumstantial as to tho taking of
tho alleged stolen animal by the defend-
ant ne claimed the animal as his prop
erty and admitted that lie had placed
his brand upon it but claimed also that
ho had bought it He never admitted
that ho took it from the range or from
the possession of the owner and there is
no evidence not circumstantial which con-
nects him with the original taking of the
animal Such being the character of the
evidence the trial court committed a ma-
terial error in failing to charge the jury
with respect to circumstantial evidence
and for this error alone the judgment will
bo rovcrscd and remanded Willson J
St Louis Iron Mountain and Southern
Ilailwuy vs Yerger appeal from Bowie
On motion to affirm on certificate The
certificate failing to show tho court below
had jurisdiction of the cause this fact
renders same defective and tho certificate
will be dismissed Willson J
Ex Parte Jim Jones appeal from
McLennan This is an appeal from a
proceeding of habeas corpus in the court
below wherein appellant was refused
hail After a careful consideration of
the facts in this case the court is of opin
tlmt relator is entitled to bail and tho
sheriff of McLennan county will release
him from custody on the execution of a
legal bond with good and sufficient sure-
ties in the sum of Si iOO Whito P J
Joo Smith vs theBtate appeal from
Lamar Conviction for disposing of
and trading off mortgaged property
1 Tho indictment is fatally defective be-
cause it does not allege the name ofthe
person to whom the property was dis-
posed of or traded nor that such person
was unknown to tho grand jurors 24
C A iOiJ Itcvcrsed and dismissed
Willson J
Yieno et al vs Household Sewing Ma-
chine Company appeal from Smith On
motion for rehearing Tho motion having
been carefully considered nothing con-
tained therein is deemed sufficient to
warrant the court in disturbing its judg-
ment of a former date affirming this case
and same is therefore overruled Will
son J
Issy Landa vs the State appeal from
Collin Conviction for sending a written
JfittiT threatening to accuse one W II
Webb of a criminal offense Held 1
The indictment is defective in not alleg-
ing that tho defendant delivered tho
letter with a view to extorting mono
fafije only alleging that ho sent it with
C05 Main StTeMV At view
am1rfsiiityJ San Vntonio
Tex
How Sl e Got a Scat
The letter was posted in
Bexar county and that
county alone has jurisdiction of this easo
Reversed and dismissed Willson J
Note Hurt J dissents being of
opinion that the offense of sending the
letter may be prosecuted in either Bexar
or Collin county
F H Greer et al vs J S Daugher
ty appeal from Kaufman Suit by ap
Jjelleo to recover for rents advances
etc with distress warrant 1 Tho court
erred in refusing to quash tho distress
warrant proceedings it being shown that
suit was instituted December 15 1S37
and citation was not issued to defendants
until January 12 1SSS The citation
should have been issued simultaneous
with the distress warrant It S Art
3119 2AppSec 3jS 2 It was error
to render judgment against appellants as
sureties upon what purported to be a re
plevin bond It is not an unconditional
Colligation to pay the judgment as is tho
b6nd required by statute Tho bond is
dependent for whatever validity it may
tho validity of the distress
Jistyo upon
fittrrrnnt proceedings and as that pro
ceeding can not bo sustained said bond
must fall with it The judgment is re-
versed and as to appellants the suit is
dismissed Willson J
St Louis Arkansas and TexasRajlwny
vs W T McKinney appeal from Hop-
kins Suit by appellee for damages to
wheat and his fence Appellant on the
trial proposed to prove facts tending to
show that the matters in dispute between
the parties was res adjudicata Appellee
objected on tho ground that theso facts
could be proved only by tho record in the
former suit Tho objection was sus-
tained Held Appellant had the right
o provo tho facts set forth in the bill of
feceptions reserved to tho ruling of the
court by parol and tho court erred in
sustaining the objections Reversed and
remanded Hurt J
ExParte Joel Holmes appeal from
STONE IN THE KIDNEY
How It Was Removed Withoat tho Use
of the Surgeons Knifo
In the spring of 1ST8 I was taken with sharp
pains in the lower part of my bowels in the re
gion of the bladder Shortly blood appeared
mixed with my urine and a few weeks latenjji
had an attack of brown gravel I tried Miij
of doctors One said it was gravel aHQUgpid
it was a >
J
Inflammation pLtjiRWadder
And another that I had jdsySk in my left kidney
For three months ISvraj uMder the care of an
eminent speciali3 Albany but constantly
Rrowins worfi iiri home to die At this time
I was indac aW try Dr David Kennedys Fa-
vorite Eetogify of Kondout N Y and am now
robufffeatiil trong A remedy which can do this
fqrooSKt near death as I was should be known
verithere I hope this statement will cause
Btlicrs afflicted as I was to find relief in the same
Source C IV Brown Fetersburg X Y
Favorite Remedy Rondout N Y
Price One Dollar Sold by all Drnggits
Cooke On motion for rehearing On a
former day of the term this case was dis-
missed because same had no seal across
tho tie thereof In dismissing tho appeal
an agreement of counsel waiving in-
formalities in tho transcript was over-
looked The appeal will thereforo be
reinstated Gainesville is incorporated
under the general incorporation statute of
tliis state providing for the incorporation
of cities towns and villages Said city
enacted an ordinance as follows If
any person shall sell or givo
away auy intoxicating liq-
uors of any kind whatever
in any house room or other placo used
and occupied as a theater show or
placo where theatrical or dra-
matic representations aro given
by whatever name called or auy
room or other place used run or ope-
rated in connection with said house-
room or other placo used and occupied
as a theater show or place where the-
atrical or dramatic representations are
given lie shall for each and every such
oflenso be punished by fine in any
amount not less than 25 nor more than
100Under
Under this ordinance appellant was
duly charged witli havius sold intoxicat-
ing liquor in a room used iu connection
with a placoft sj d as a theater towit in
a barroom us eiWn cqnneetion with the
Gem theater lie was duly convicted
and placed in the ha nds of the city mar-
shal until tho fino should bo paid Ho
sued out a writ of halxvis corpus and was
remanded to tho custody of the marshal
Held There is only ono question iu this
case and that is as to
the validity of tho ordinance
under which appellant was convicted
The ordinance in question was no doubt
enacted under authority of Art 302 It-
S which reads Tho city council shail
have full power by ordinance to prevent
the sale or giving away of any intoxicat-
ing liquors in any house or other placo
where theatrical or dramatic representa-
tions are given and also to prevent in-
toxicating liquors of any description from
being brought into any houso or plane
where such representations aro given un-
der any pretext whatever This is the
only provision of the statute which con-
stitutes this charter of said city which
bears upon this particular subject and
which grants the power to prohibit the
sale or gift of intoxicating liquors with
respect to theatrical or dramatic repre-
sentations It will be perceived at a
glance that said article does not confer
the power upon the city council to pro-
hibit the sale or gift of intoxicat ng
liquors except in the house or other
placo where theatrical or other dramatic
representations are given Tho ordi-
nance however extends the prohibition
to any room or other placo used run or
operated in connection with such
house or place and to this ex
tent said ordinance is unauthor-
ized by the charter of said
city Its ordinances to be valid must
conform to the laws of tho state and to
its charter unless special legislative en-
actment extends its powers bevond these
19 App 5S4 20 App 210 9 App 281
The arrest and confinement of appellant
is without authority of law and illegal
und it is therefore ordered that ho be
discharged from custody and that tho
city of Gainesville pay the cost of this
appeal Willson J
Albert Bookservs tho State appeal
from Tarrant Conviction for theft of a
cow Appellant one Switzer and ono
ono Yoight were accused ofgtho theft of a
cow When tho arresting party ap-
proached a certain house for tho purpose
of arresting the parties somo ono on tho
inside was heard to remark Arrest Al
bert Booker heis tho guilty one if any-
thing is wrong As tho officers ap-
proached somo one was observed leaving
the house but it was not shown with auy
degreo of certainty that appellant
was present when tho remark was
made Tho officers entered tho
house and arrested Switzer and Voight
Held If appellant was not present wln i
tho above quoted remarks was mado ho
was not bound by them The accused
must bo prescyit or at least it must
reasonably appear that ho heard tho
statement of others before they can bo
mado ovidenco against him This must
be shown affirmatively by the state
though it may bo done circumstantially
2 The charge of tho court relating to
circumstantial evidence was not full
For correct rule see Will Cr Forms 711
Reversed and remanded Hurt J
John Johnson vs tho State appeal
from Taylor Tho court gave the fol-
lowing charge which is assigned as error
If you should find from tho evidence
that prior to tho shooting tho deceased
forcible and without defendants consent
seized money that was defendants prop-
erty or that defendant fairly and reas-
onably believed was his property and
that deceased refused to give np such
TQpney and that when defendaut
returned to where deceased was
he returned notfor tho purpose of pro-
voking a difficulty and inflicting injury
upon the deceased but on tho contrary
only for tho purpose of making a demand
quietly and peaceably and unaccompa-
nied by force of the said Gilstrap that
money should bo returned and if with
such purpose and intent defendant did
return to tho room and quietly demand
tho return of such money not intending
nor contemplating nt tho time that such
demand would result in a difficulty in
which death or serious bodily injurv
would result then and in such case if de-
fendant shot and killed W T Gilstrap
it would be either murder in the second
degreo or manslaughter or justifiable
homicide according as you should find
the other facts of the caseunder former
instructions of the Cart Held The
evidence adduced caKgjd for a charge
upon thehypotheticsteasfestated butthe
facts stated if fdnud tobe true would
have made a clear case of
justifiable homicide and it was
error in the court to tell tho jury that
upon such a state of facts the offense
committed would bo either murder in the
second degreo manslaughter or justifia-
ble homicide A correct instruction was
asked by appellant and refused by the
court The court also erred in refusing
a charge to the effect that if appellant
entered the room with the intention of
renewing or provoking a difficulty but
abandoned this idea after entering the
room then he would not forfeit his richt
>
< 5
THE GAZETTE PORT TVORTH TEXAS SATURDAY DECEMBER 22
KjSBWSfSjJ
s
re jf Wfiolesale Dealer in
3 j af
ktX poor back is held responsible for more than its share of the sufferings oi
mankind If your dog bites a man who kicks it do you blame the dog On the same
principle the kidntys utter their protest
resulting constipation f Iiese force them
syteai of the poisons vTOich are the
blood Then the suffere 5ays the
eased Not yet but tt y will
the blood purified and the co jfeiJcation
of kidney troubles and Paines < Jcdprv
With its tonic purifying and 1
kidneys making it almost iay 8lav jn
Watchea > vffafc
worr
wm
W
SfiS3Sw
ihes cheap
j Alain street
of selfdefense Reversed arid remanded
White PJ
Jeorfic C Clare vs2 the State appeal
Beys If your hopes ofjjeKhave notjl
at
from Ilopkius Conviction for murder
iu the second degree 1 There bein W
evidence to show adequate cause for 0lt5
homicide the court did not err in refus-
ing to charge upon manslaughter 2
Wo think it clear that tho legislative in-
tention was first that mere intnxiciitiou
from the recent use of ardeut spirits shotilt
not of itself in any case excuse crime
second that mere intoxication should
not initigato the degreo or penalty of
crime third temporary insanity pro
duced by such use of ardeut spirits is evii
deuce which may be used iu all cases j8
the mitigation of tho penalty and also
in murder for the further purpose of de-
termining the degreo Of itself intoxi-
cation is neither a justification mitiga
tion nor excuse of any sort of crime It
must go to the extent of producing tem-
porary insanity beforo it will be allowed
to mitigate tho penalty and in murder
before it can bo considered in determin-
ing the degree Thero is no reversiblo
em Affirmed White P J
Tonina Arispo vs tho State appeal
from Webb Conviction for theft of a
horse Tho court after charging a cor-
rect ruio as far as it wont upon explan-
ation mado by a defendant found in pos-
session of recently stolen property
charged as follows If however
when his possession was first challenged
ho failed to reasonably and satisfactorily
account for his possession therrofyjpu
will Und him guilty as charged in the itr
dictment Held Error The accused
may fail to explain his possession but
certainly he would have tho right to provo
it innocent though he made no explana-
tion when lirst culled on for one or
whether ho ever attempted to make ono
IJesides this charge was upon tho weight
of evidence Reversed and remanded
Hurt J
City of Tyler vs A PrXoore appeal
from Smith Suit by appellee for dam
agescaused by tho death of his horse it
being alleged that said death was utdtecl
by a defect in tho streets of the cityt is
shown that the alleged defect consisted of
a hole Hi tho street ailed with mud and
water and was about three feet squarejfV
Parties passing along could not tell of ilie
defect The only way in winch this could
be found out was by inserting some-
thing in the hole It appears
that tho street inspector walked
along the street where the alleged defec
was almost daily Xo actual notice < >
tho city was shown Held The evi
denco does not support tho verdict The
defect was almost latent and could
scarcely bo observed unless by actual
examination It is not shown that tlfe
city authorities knew it was there nor
that same had existed a sufficient length
of time for the city to bo presumed to
have notice of same Reversed and re-
manded Hurt J
John Laws vs the State appeal from
Franklin Conviction for murder in the
second degree Tho defense in the case
was that the homicide occurred in the
night time and was committed for the
purpose of preventing the consequences of
the theft As to the time of tho homicide
the evidence was conflicting some fill tho
witnesses saying about sun set Wrs
about thirty minutes or moro afters2fr
Held Tho court committed a
material error in not charging as
to the legal meaning of
day time and night time
In this state with reference to the crime
of burglary it is provided Vy tho term
daytime is meant auy timo of the
twentyfour hours from thirty minutes
before suurise until thirty minutes after
sunset Vv Words whichhave their
meaningsp e cially defined shall be urideri
stood in that sense though it be confra
ry to their usual rheaning P C-
Art 10 It is clear that inview of tho
provisions cited above that a theft by
night is a theft committed any time be-
tween thirty minutes after sunsot and
thirty minutes before sunrise and
court should have so mstructed hS
Reversed and remanded jjWiUs
result of effete matter retained in the
bajOJtwichcs the kidneys are dis
bj5muess the nerves are strengthened
removed These are the causes
Compound removes thera quickly
effect it also strengthens the weak
curing all diseases of the nerves and kid
been realized try Failles Celery Cosa
pound it gives perf fKealth to all whcOfomplain of their poor backs Price 109
By Druggists Sen for Illustrated PxrER
WELLS RICHARDSOJSI CO Proprietors
BURLINGTON VERMONT
LAW
j
9
munition and Sporting Goodsi
Send for Illtastrscted CatalofS
Corner Second and Houston Streets j ts w WBHh Texas
The Celebrated Patti Rosa Cigg Wfent Cigar in the Market
C2SCj S > aaaC3TTjB33DFt efts CO
WliolesaJeSiiSiior and Cigar Dealers
jyiifMl I II ii i j iM itffci frliUY
OFFICE
SdWlN B RANDALL
COt Main Street Fort S SvTei
SnibRoms 1 and 2 Corner Second and Hous
nattrtjgts P O Boxja Q iy >
GANBJJK OUASBY COMPANY
Fine Buildin Slone Curbingfic
S lJffeStfo n Invited E T IIoMJi
s
sam rjui5 Ar > r
Atto 9 35r
XA
crfc
ai
= s
vvV
iRSSff fthro Oyer Fort Worth National Hank
Stedman It P Av ij f vr Finger
County it K
Stedjipf yers Finger
Wft <
TORT WORTH JEX S
Special attention given to I ltigateiJ fJjTc ises
Sl 7i2 D BROS
j Leading Dentists
Office OrcrPostofflcc K ffi
Gold and bridgartrDrfia
crown
AH work strictly firetcIa ftprtifftlS7a
E McD rDENTIST
FjH RnrEinELh buildlvg
4 AilHler
< of Main and First streef
f Teeth extracted with the leas
i le jai The best sets of teeth injb < ftyf6r
the least money 3K
J G Russell
JStiTs
SfltXS POIXT
B Godley
Godley
H E Yantis
3F8S
SUCCESSORS mfcCOJET LAND
Real sj HHters and General
kjV L nd Agents
r tSsftainStreetT Dallas Texas
r
>
Cornor Mphtiiafi Fourth Stroots Fort Worth Toi
Rates SSfl fr Day GEO C HUDGINS folang
Headquarters for all
Ever In Texas
Best Heating StovgsF Finest Assortment
Be suretff38irand get Prices before
you buy Queenswe Glassware and Chinaware
Fort Worth Texas
oor
against ncrvousntfss impure blood and
to do extraonluliiy work in ridding the
Boaz McArmlty Barley
DEALERS IN W
REAL ESTATE dOTTLE
cLAis anrenr property
MINES AND MINING STOCK vai
LOANS NEGOTIAt ti
Office No 300 Main Street Fort yVofttifh
0OS7023
lt > lil
Qfflc J rttJwesi Corner Houston and KJSi
StfeeftVPOTtrfforth Texas ft <
ti
J S CAJAC
ATT0RNE5JJ r LAW
Ajm foTAUT public
Texas
30x44
451 Extra Newspaper
For Samples and Price address
GAZETTE
Fort TTortli Texas
Vd SvV
rf
< Z
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Fort Worth Daily Gazette. (Fort Worth, Tex.), Vol. 13, No. 172, Ed. 1, Saturday, December 22, 1888, newspaper, December 22, 1888; Fort Worth, Texas. (https://texashistory.unt.edu/ark:/67531/metapth86936/m1/3/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .