Dallas Herald. (Dallas, Tex.), Vol. 14, No. 8, Ed. 1 Saturday, November 10, 1866 Page: 1 of 4
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JOHN W. SWINDELLS PlBLISHkU.
ILL OPENING
AT THE
OF
FASHI
3NT
HOUSTON TEXAS.
DARLING
&
MERRIMAN
ABE HOW OPENING THEIR
FALL STOCK OP
r
AND
pomestic
SHAWLS and CLOAKS.
Bonnets and Hats
8X3&VKS
ID o Xjia.ixis
AND
Oil-Cloths Mats Rugs
Darling & Xlerriman
y v. .
WamiU
mm
Emporium of Fashion.
'v. Cner Xali A Ctngrris Stfc
Houston Texas.
mm Ser. t IW.-H 1
AN ACT
To organize the County Courti and
to Define the Powers and Juriidio
tion thereof.
Sko 1. He it enacted by the Legis-
lature of the Stateof Texas Thuttlio
Judges of tlio County Courts shall
by virtuo of their otlleos bo conser-
uvtor or tlio peaco through tuoir
respective counties. In addition to
the foes of ofllfo heretofore allowed
by law to tlio Chief Justices of tho
several counties ho shall bo entitled
to demand and receive tho sum of
three dollars which shall be taxed
in tho bill of cohts against tho par-
ty cast In tho suit. In all criminal
cases tho party convicted shall pay
tho sum or thrco dollars to bo taxed
as aforesaid in tho bill of eosU and
tihen collected shall bo paid into
tlfo County Treasury. Tho County
Judge may rccoivo a Balary to be
fixethby tho Polico Court not to ex-
ceed tho sum ot two hundred and
fifty dollars per annum to bo paid
out of tho County Tronsury.
Seo. 2. Tho Judges of tho County
Court shall be liable to romoval from
ofllco for neglect of duty inoompo-
tency or malfeasance on tho com-
plaint of ony person by petition
filed in tho District Court of tho
county and sorvico had as in other
cases;-tho accused party to bo al-
lowodall legal defencos and to plead
and answer as in other suits.
Seo. 3. In addition to tho powers
nndjurisdiction of tho County Courts
as now conforred by law said courts j
shall lmvo original concurrent ju-
risdiction of all suits against tho
county which may bo allowed by
law. and to hear und dotormino all
suits or prosecutions in tho name of
tho State by presentment or intor
maticn or indictment- tor misdo
mcanors or potty onences as tno
samo aro now or may hereafter bo
defined bv law : also of all suits
for the recovery of specific proper
ty or tho value tncreoi j torts tres
passes or injuries to person or prop-
erty ; also of all breaches or. viola-
tions of tho revenue laws of tho
State ; of nil suits for tlio recovery
of money on any account bill bona
noto or other instrument in writing.
And tho enumeration herein shall
not proven t said courts from having
and exorcising jurisdiction in all
matters properly cognizabl o..by
them; Provided however that. tho
sum sought to be recovered or tho
value of the specific article of prop
erty or tho amount in controversy
bo not less than one hundred dol
lars and do not exceed five hundred
dollars exclusive of interest j Pro
vided further that the County Court
shall not have jurisdiction to .try
any action of trespass to try any
title to land nor of any suit for di-
vcrco or alimony or actions of slan-
der or to enforce vendors' lions or
for the foreclosure of mortgages on
land.
Sec. 4. For tho trial of all suits
rowing out of matters enumerated
in the preceding Soetion there shall
be begun and lioldon at tho court-
housos of the rospectivo counties
throughout this Stated a torni of tho
County Court commencing on the
first Mondays in February April
Juno August October and Decem-
ber of each year and may remain
in session until the business is dis
posed of. '
sec. o All laws regulating pro
ceedings in tho District Courts are
hcroby made applicable to tho coun
ty Courts except in so far as tho
Bame may be controlled by or in
conflict with tho provisions of this
nU.
Sec. 6. Tho Judges of tho County
Courts either in vacation or term
time shall have power to grant on
petition writs of mandamus injunc
tion sequestration attachment anu
other remedial writs and all other
processes necessary to enforce their
own jurisdiction returnable accord
ing to law ; tfroxnaea the samo nave
respect to matters over which said
County Courts may or can have ju-
risdiction in thoir respective coun-
ties j and Provided further that no
peremptory mandamus shall bo
granted without notice ; and Provid-
ed further that no writ of mnnda-
musshall be sued out before a Coun
ty Judge against anyiTead of tho
departments of the Government.
Sec. 7. Where any Judge of a
County Court shall bo disqualified
by reason of interest in the cause
pending or where he may be con
nected with any or tne parties ny
"consanguinity or affinity in the
third degree or where be majMiave
beeu counsel in the cause: the par
ties may by consent appoint some
other person to try the case and his
acts and decisions shall be as valid
as if done by the Judge; Provided
that where the parties fail to Agree
upon each person on or by the close
of the term to which the writ is re-
turnable the suit shall be removed
into the District Court of the conn-
ty for adjudication therein ; and it
ball be tho duty of the Clerk of
Khe Coanty Court immediately up
on- tb adjournment of the same to
transmit without delay all of the
original papers in the cause fbthe
Clerk of the District Court of his
county in a scaled envelope accom-
panied by a certificate under his
hand and seal of court certifying to
the disqualification of th County
Judge and to the failure of the par
ties to agree upon a special J udge
and the case stall stand for trial in
tiis District Court as an original
suit; and all cost of proceedings
had under this section shall be
taxed against the party cast in the
ait.
Sec 8. The Gerks of the several
County Courts shall receive such
compensation under the provisions
of Uis act as is now received by the
Clerks of the District Courts for sim
ilar service.
Sec I. The Sheriffs of the seve
ral counties shall attend each term
of tho County Court mid shall re
.!.. .... I i.. nummtifin for tho'r
serviocs as is now allowed for simi
lar services in tlio District Court.
Sko. 10; If any party to a suit in
the Comity Court under tho provis-
ions of this not shall desire to in-
troduce in evidonco any instrument
of writing which is of record in tho
olllco of tho Clerk of tho County
Court it shall not bo doomod requi-
site to procuro certified copies from
tho clerk but tho record book which
contains tho writing sought to bo
used may bo introducod and tho
roquirod instrument read from its
pages: Provided however tht bo-
ibro any record boak can bo thus
usod tho adverse party shall have
one days' notice in writing before
tho enso is called for trial of tho par-
ticular instrument or instruments
in writing thus sought to bo used
which notico shall designate tho
book and pago theroin whero tho
same may no found of rocord j Pro-
vided also that no instrument of
record can thus bo usod in evidonco
until tho loss of tho original is ac-
counted for in tho manner now re-
auircd by law; Provided further
that in appealed cases . from the
County Court to tho District Court
tho clerk shall make out certified
copies of ull instruments ol rocord
that woro read in evidence under
tho provisions of this Section and
forward the same with thoother pa-
pers to tho District Clerk ; and this
Section shall not bo construed to ro-
for to any county records other
than tho records of thocounty whero-
in tho suit is pending.
Sec. 11. Applications tor contin-
uance shall bo governed by the laws
regulating tho samo in tho District
Court; Provided that it shall bo
within tho discretion of tho Court
to tax tho applicant for a continu-
ance with all costs that may have
accrued up to tho dato of granting
tho samo.
Sec. 12. "Witnesses when sum-
moned to attend Court shall bo al-
lowed a compensation of ono dollar
and a" half for each day's uttondanco
and .ton cents per milo for every
mile they may have to travol in go-
ing to and returning from tho Court-
house. And no fine shall bo impos-
ed upon a witness nor shall any at-
tachment issue against his body un-
til it is shown to tho Court by tho
affidavit of the party his agent or
attorney that tho mileage and com-
pensation aforesaid have been ten-
dered to the witness.
Seo. 13. Witnesses who havo been
dulv summoned and who remain in
attendance upon tho Court whether
they have boon called to testify or
not shall at any timo during tho
terra or upon tho adjqurnmont of
Court make an affidavit in writing
boforo tho Clerk thereof stating the
number of day'B attendance and
tho distance they have boen com-
pelled to travel in going to and re-
turning from the Court which affi-
davit shall bo filed by tho Clerk
among tho papers in the causo. And
whero a party has advanced the
mileage and per diem (as . contem-
plated in tho pieeoding section) the
witnoss shall nevertheless bo re-
quired to make tho affidavit as pro-
vided for by this section and all wit-
noss foes and milettgo shall be taxed
in the bill of costs against tho party
cast in tho suit.
Sec. 14. In all civil suits in tho
County Court the depositions of
witnesses may bo taken and ro-
turned'undor tho same rules and
regulations as nro prescribed .by
law in tho District Court.
Sec. 15. At least twenty days be-
fore a term of the County Court
there shull bo drawn in the manner
now prescribed by law the names of
twolvo persons to serve as jurors at
suidUiim; and on the first day of
tho t6rm tho names ot an tho jurors
upon the venire shall bo called and
thereupon two potit juries to con-
sist of six mon each shall be organ-
ized undor the . direction of tho
Court to be known as panels num
ber one and two for tho trial of civ
il cases ; and the juries so organized
shall take the following oath to bo
administered by the Clerk or Judge
viz : "You and each of you do sol-
emnly swear that in nil cases be-'
tween parties which shall be com-
mitted to you that you will a truo
verdict render therein according to
law and evidence so help you God."
Sec 16. On the last day ot each
term of the County Court under tho
provisions of this Act it shall be the
duty of tho Clerk to make out and
deliver to each'iuror a certificate in j
writing signed by him officially
and sealed with the seal of his Courct j
which shallstate the number of days
the juror has been in' attendance
and the amount due him for such
service at the rat of one dollar and
fifty cents per day which said cer-
tificate shall on presentation to the
County Treasurer be paid by him
and shall be a sufficient voucher in
flis hands.
Sec. 17. In all civil suite that
may hereafter be commenced in the
Count Courts under the provisions
of this Act a jury fee' of three dol-
lars shall be taxed in the bill of costs
and collected as other costs of suit.
Sec. 18. Upon the adjournment
of each term of the County Court
convened under this Act it shall be
the duty of the Clerk to pay over
to the County Treasurer all monies
that beynay have received by vir-
tue of the previous section as well
as all fines imposed on jurors or up-
on officers of the Court or other
persons for contempt or for viola-
tion of the penal iawa of this State
and be shall furnish the Treasurer
a written statement specifying aach
item of money paid over under this
section.
Sec 4?. In all teases at ths re-
quest of eithet party it shall be lbs
doty of the County Judge or the
person presiding as such to deliver
DALLAS DALLAS COUNTY TEXAS NOVEMBER 10
ft written charge to tho jury upon
I Mich questions of law as may bu up-
Shu. 20. All laws now 1" forco
concerningjurios shall bo hold to
apply to tho County Court except
in so fur ns tho samo moy bo' con-
trolled or in conflict with tho pro-
visions of this Act.
Seu. 21. Appeals t tho District
Court may bo tukon in all civilsuits
from tho judgment or docroo of tho
County Court) Provided tho party
who intends to appeal shall give no-
tico in opon court after his motion
for a now trial shall havo been over-
ruled by tho Court after his motion
for a now trial shall havo been over-
ruled by tho Court and shall with-
in ten days alter tho adjournment
thoroof enter into a bond with two
or moro good and sufficient siuetios
to bo approved by tho County Clerk
in double tho amount of tho debt or
damages or valuo of tho property
adjudged conditioned for tho pros-
ecution of tho. appeal with . effect
and for tho performance of thojiidg-
msnt sontenco or decreo of tho Dis-
trict Court ; and no caso which may
bo brought up by appcol from the
County Court to tho District Court
illl'llllllt 1(1 lilt) L'llSU
can bo appealed thence to
premo Court whero t)ie ivu
IIIU Oll-
lue ol'tlo
1 . ... : nnninn.
property or mo umuuiib. vuu""
vcrsv la less than two hundrod clol-
. ...
hirs: wovided no Constitutional
question is involved ) And provided
further that if tho District Judgo
shall bo satisfied upon tho trial of
any appealed caso from tho County
Court that thoappcal was frivolous
voxatious or for delay ho shrll en-
ter up judgmont affirming the judg-
ment of tho Court below with ten
per cent damages.
Sic. 22. The filing of tho appeal
bond nbovo specified shall bo all
that is requisito to cntitlo tho party
to havo tho cnuso removed into the
District Court alter notice in open
Court as aforesaid ; and no state-
ment of facts nor assignment of er-
rors nor bill of exceptions shall ac-
company tho record into tho ..Dis-
trict Court but it shall bo tho duty
of tho Cleric upon tlio filing of tlio
appeal bond to transmit in a sealed
envelope directed to the Clerk of'tho
District Court all the 'original pa
pers in the caso towother with such
orders judgments and decrees ns
may havo' been rendered by. the
County. Court during tho progress
or upon tho final trial of tho suit
and ho shall transmit tho appeal
bond and a taxation of all costs that
may have accrued in his Court with
t lie other papers in mo cause aim
tho causoshall be docketed and stand
us an appearance case for trial da
novo in the District Court; nnd tho
judgment which is rendered therein
shall cafry with it the costs of both
Courts which shall bo taxed upon
tho execution to bo issued out. of'tho
District Court.
Seo. 23. No other notico of ap-
nea! shall bo required than a notico
in open court but-upon tho filing of
tllO.appeai-UOllU unu tne iiaiiBium-
sion of tho papers to tho Clerk of
tile District Court to bo entered of
record both parties shall bo consid-
ered in court when tho casoshallbe
called in its order upon the docket.
Sec. 24. In appeals from. County
Courts to tho District Courtj no now
causo of action shall bo set up or
offset ploaded that was not set up
or pleaded in tho County Court; but
in all other respects proceedings in
tho County Court shall bo governed
by the rules regulating proceedings
in tho District Courts.
Sec. 25. The judgment that tho
District Court shall render in cases
appealed from the County Court shall
not bo certified to tho latter for ob-
sorvauco but tho Clerk of tho Dis-
trict Court shall issue execution as
in other cases determined in his
court taxing the cost of both courts
in tho writ.
Seo. 2G. All laws now in force in
tho District Courts concerning exe-
cutions shall bo held to apply to
tho County Courts whero they nro
not in conflict with the provisions of
this act ; Provided that tho Clerk
shall within ton days uftor the ad
journment of tho Court (unless oth-
crwlso directed oy tno bucccbsiui
party his agent or attorney) tax
the cost and issue tho writ ot fieri
facias or whatever writ shall bo
necessary to carry imu cneuu mo
judgment of .the Court; and any
Clerk that shall fail neglect or re-
fuse to issuo tho writ provided for
by this section within tho time
heroin specified shall bo liable to a
fine of fifty dollars to bo recovered
on motion before tho Court three
days' notice being given thoroof.
The amount so recovered to go into
the jury fund of the County.
OF OFFENCES.
Sec 27. In the frial of all offonccs
under the grado of felony" as are
now or may hereafter be defined by
law tho County Courts shall have
original and concurrent jurisdiction
within the bounds of their respec-
tive counties.
Sec. 28. Upon complaint being
made before the County Judge or
the Clerk of the County Court that
an offencehas teen committed which
said court has jurisdiction to try it
shall be the duty of the Judge or
Clerk to reduce the complaint to
writipg and cause the same to fce
signed and sworn to by the com-
plainant and it shall be duly at-
tested by the Clerk or Judge and
filed. Said complajnt shall state the
name of the accused if his name is
known and the offence with which
he is charged shall be stated in plain
and intelligible words and it must
appear that the offence was commit
ted in the county and the complaint
must show from the date of the of-
fence staled therein that the offence
is not barred by limitation.
Sec 29. "Whenever the require-
ment of the preceding section have
been complied with the Clerk of the
County Court or tlioJudgn thereof
shull issue u warrant for tho arrest
of tho accused. Said warrant is to
ho in compliunco with Article 21li
Tart III Title H Glmptor II of tho
(Jouo ot Criminal l'roreiluro and
tho warrant shall bo executed tu tho
manner specified in said 'chapter ;
Provided that nothing herein shall
bo so construed as to prevent tho
def'endunt giving bail 0 entering in-
to recognizance in open oourt.
Sec. ;10. It shall bo 4ho duty of
tho County Attorney upon tho fil-
ing of said complaint to propnronn
information in writing which shall
bo in comnlinnco with Article 103
Part III Title IV Chapter III of
tho Codoof Criminal rrocediiro.
Seo. 31. Tho complaint specified
in section thirty of this act may bo
mado boforo any Justico of the
Peaco or Notary Public or boforo
a (the) County Attorney who for
that purpose is authorized to ad-
minister oaths. . Hut tho complaint
shall in every instanco bo filed with
tho information. . .
Sec. 32. All writs and criminal
process issued out of tho County
Courts shall bo mado returnable on
or boforo tho first day of tho suc-
ceeding torm and tho Criminal
Docket shall bo taken up on thosec-
inmidnv thoroo : 1'roviaea. ftoivcver.
i .:.. . :
if tho D.str.ct Court shall conflict
with any term of tho County Court
thon the County Court shall hold its
session on tlio first Monday auer
tho closo of tho said terra of the
District Court.
Sec. 33. Tho venire of twolvo men
which has been drawn under tho
provisions of section fifteen of this
Act shall bo impnnnelod and sworn
as a jury for tho trial of criminal
cases ; and if tho jury by reason of
challenges or otherwise bo reduced
below that number tho Court shall
order tho Sheriff to supply their
plates by summoning immediately
tho requisite number of suitable per-
sons ; but tho regular veniro shall
bo called in every case; Provided
that neither tho State nor defend-
ant shall havo more than three per-
emptory challenges; and if more
than one defendant is joined inithc
samo trial each shall have two per-
emptory challenges.
Sec. .34. In all cases where the
fino iS'Over ten dollars or the im-
prisonment assessed by the jury ex-
coeds fortj'-cight hours tho defend-
ant shall havo tho right of appeal
to tho District Court which shall
bo governed by The provisions of Ti-
tlo VII Part 111 of tho Code of
Criminal Proecdurp where the same
aro not in conflict with the provis
ions of. this Act.
Sec. 35. The State shall have the
right to appeal to the District Court
in tho cases specified in Title VII
Part III of tho Code of Criminal
lip (Ji
Al in
Procedure ; ami in all cases of np-
noal bv either tho Stato or the de
fondant tho original papers in the
causo together with a transcript of
tho record of all tho judgments or-
ders or decroes which may havo
been rendered by tho County Court
shall bo forwarded to' tho "District
Court as in civil suits. Thcro shall
also be forwardod a statement of
facts and a l)ill of exceptions to bo
mado ono signed and scaled in tho
manner now provided by law for
appeals from the District Court to
tho Supremo Court ; and tho Dis
trict Juago shall consider the caso
so appealed to his Court upon tho
record thus sent up when tho samo
shall be regularly reached .on his
docket; and ho shall enter up such
iudflrmeht or decree as ought to havo
Tendered in 1hc Court below 'which
.1 i 1 I.l 1 Jtk.n
juugmeut Biiiiu uu iau-uhju uj jfiu-
cess issuing out oi tno j-Msiriet
Court. Tho costs of both Courts to
bo taxed in tho execution to bo is-
sued by tho Clerk of tho District
Court.
Sec. 3C. Upon tho trial of crimi-
nal cases in tho County Court whero
it appears from tho evidence that
tho prosecution was frivolous ma-
licious or without just causo it shall
bo the duty of the County Judgo to
render judgmont against tho party
making the complaint for all cost
nndajuryfeo of five dollars shall
bo taxed against tho 'defendant if
convicted or against tho prosecutor
if he is condemned for cost.-
Seo. 37. Tho provisions of tho
Penal Code and tho Codo of Crimi-
nal Procedure of the State of Tex-
as and all amendments of tho samo
that may hereafter bo mado shall bo
hold to apply to tho proceedings in
tho County Court whero tho same
shall not be in conflict with tho pro-
visions of this Act.
Sec. 38. There shall bo appointed
by tho Polico Court of tho county
an Attorney tor each organized
county in tho State who shall hold
his office for four years and who
shall give the bonds now required
by law to be given by tho District
Attorney to bo approved by the
County Judgo of the county and
deposited in the office of the Comp-
troller of Public Accounts; and the
County Attorney shall before en-
tering upon the discharge of his du-
ti be reauired to take tho oath of
office. And it shall bo the duty of
the County Attorney to represent
the county in an cases wnercin n
may be a party; and to .represent
the State in all cases wherein she
may be a party in the Connty Court;
and he shall also' in the absence of
the District Attorney represent the
State in all proceedings before com-
mitting Magistrates ; and he shall
not act as counsel or attorney for
any party to an action in the Coun-
ty Court where the interest of the
tHv ia d verse to that of the State
or of the county ; and the duties of
the County Attorney snail oe simi-
lar to those prescribed by law for
the District Attorney and he shall
receive such fees as ths law now
provides in like cases for ths Di-
trirt Attorney; and it ifc'.l be tte
1860.
duty of tho County Attorney to ut-
tend tho sessions of tho Police Court
lind to perform such duties as it may
.prescribe not inconsistent with this
section j Provided that any Attorn-
ey so appointed may bo removed
from olHc for incompetency neg-
lect of duty or niult'easanco on tho
complaint of any person by peti-
tion tiled in tho Polico Court and
the accused party shall bo allowed
all legal defence. 1
Seo. 30. In addition to his fees of
oflico tho County Attorney shall ro-
coivo such sum as tho Polico Court
may allow not to exceed two hun-
dred and fifty dollars per annum.
Sec 40. That this Act take ef-
fect and bo in forco from and after
tho thirty-first day of December A.
I). 18(50. '
Approved October 25th 18GC.
From the lllo Grande.
Tho Brownsville Hanchcro of tho
10th has its usual number of rob-
beries Ac to record. A largo num-
ber of desperadoes mostly Ameri
cans havo oanaea togeiiier 10 uve
by villainy 1 ho Jtancliero says ;
Forty of tho mon who wero sup-
posed to havo joined Cortina wero
hoard from last night through a
runnor from Ediuburg- where they
havo robbed Bix or eight ranches of
horses arms saddles blankets and
all provisions ; taking and holding
tho ranchoros prisonors for a day or
moro to keep tho alarm from being
L'lt'eii.
Tho Santa I?ita Cotio Como so
Llama La Jara and two other ran-
ches woro nil sacked on Tuesday
the slock arms clothing saddles
blankots ect- all being carried off".
Aftor plundering these ranches tho
whole party movod toward Sal del
Iloy taking two prisoners with
them for guides With tho avowed
intention of sacking this ranch nlsoN.
Tho party was armed with guns
rovolvers and clubs -part wero
mounted and part wero on foot.
It is expected that tlio ranencros
would get together and bring tho
robbers to justice.
"We also learn that tho ever vigi-
lant commander at this post would
sond out a forco sufficient to cut
short thd career of tho depredators.
On tho 13th tho Jianchero gives
us tho following additional intelli-
gence : -
The movements of tho robbers
aro known.
On Tucsnny they searched the
ranches of "La Noria" "Las Eu-
cias" and "San Anita" and burnt
tho two latter.
They wero thirty-four strong all
Americans. They are armed with
Sharpe's carbines and revolving pis-
tols. They had on grey clothes.
They cheered for tho Confederacy
when thoy burnt tho ranches.
This part of tho affair is a dodge
intonded to shift suspicion from tho
proper persons and. to conceal tho
real purposes. The grey clothes
they' got in Mexico and a largo
proportion of tho party aro report-
ed to havo served m tho U. S. Ar-
my. Thoir object was and is plun-
der. Col. Perkins started in porsuit ot
them on tho 9th wo believe. Ho
took a small forco from Ediuburg.
lie expected to mount fifty men at
San Anita. He sent his adjutant to
gather lip and organize tho rancho-
ros for sorvice.
John Thompson with a party of
twelve citizens has boen following
tho raiders for thrco days. JIc no
doubt has more men ero this.
Col Murphy of Col. Mclntyro's
command was despatched with thir-
ty cavalry at 12 o'clock Thursday
night. A sergeant and eight men
woro to join him on tho march. Ho
will pursue with vigor and energy.
These different bodies of soldiers
and citizens will hunt out tho ban-
Ldits. Their only chance is to cross
tho Kio Grando. Col. l'erKins
thinks they will endeavor to do so
at Picdras Npgras.
Csuriers have been sent in every
direction.' Tho rascals will find
armed men everywhere.
Gen. Sedgwick isdetcrminodthey
shall como to grief.
Admiral Semmes' Mobile' Gazette
savs :
isTo further amendments can bo
mado to tho constitution without
our consent if tho Southern States
remain an unit. If Delaware nnd
Kentucky vote with us wo shall
have twelve States in opposition to
the proposed amendments and bo-
fore this opposition can bo over-
come there must be created at least
twelve moro new Stales. Before
this can bo done the Republican
party will be numbered with the
thinas that were and reason will
Uiave resumed its sway in the land.
Let us then keep our memDcrs oi
Cotigrees at homo pay attention to
onr material prosperity until thing
at the North right themselves of
their own accord. By the way late
telegrams bring us the intelligence
that we have an unexpected ally in
the far off State of Oregon. That
State has just reminded the vote by
which it had adopted the constitu-
tional amendment and has rejected
the amendment by a vote of 24 to
23 in the Lower House.
At the funeral a few days' since of
a man named Pierre TVyss of Taur-
relcu near Basle Switzerland the
grave-digger while throwing in the
earth thought he heard a sound as
if two blows had bee struck in the
coffin. He accordingly inforoW the
clergyman but the latter believing
that the latter was nnder an illos-
ion would not allow the coffin to be
opened. The matter having corns
to the knowledge of the authorities
the next' day they ordered the ex
humation of the body when the
man was found to t sill alive b. I
exp'ted forty -eight hcun'aftrwHB
VOL. XIV NO.
. TELEGRAPHIC.
Cundmxl (rum Hi. lloualun and llalTMton .r.
A'Kbtl l'r.'U DLtMlraM.)
Wabiiiniitox t)C't. 27. i'll.
Shormnn had another Interview
with tho President to-day.
Bitfalo N. Y. Oct. 27. An
appeal Is published in tho morning
papers noro lor a mass mewing "i
Fenians on Sunday night. It urges
rosistanco to tho execution of tho
Fenians lately sentenced to death
at Toronto.
Toronto Oct. 20. Other Fenian
trials will probably not pommoiieo
boforo Wednesday Mr. McKonsey
is retained by tho American Consul
to defend such us nro not ready for
trial.
Baltimore Oct. 27. Examina-
tion of witnesses against tho Polico
Commissioners boforo Gov. Swann
was continued to day at Annapolis-
at 3 o'clock tho caso was adjourned
till Monday when it is believed tho
matter will bo ended.
Montreal Oct. 27. The news
that Lynch tho Fenian has been
sontoneod to death causes much dis-
cussion here. Another largo lot of
war material has arrived from Eng-
land. New Orleans Oct. 27. It is re-
ported on good authority that Gov.
Wells and Judgo Howel who claim
to bo tho President of tho Constitu-
tional Convention of 18C4 are about
reconvening that body and have
elections to fill vacancies.
Tho Governor says ho has assur-
ances from leading members of Con-
gross that ho will bo sustained by
force if necessary.
A gcntloman just returned from
a visit to tho river parishes computes
tho crop far smaller than heretofore
stated. He says that five-eights of
tho crop is already in the market
from tho river region and the resi-
due soon will bo hero
A Frocdsmens Bureau official re-
port says in Candia Parish forty-
two thousand acres were planted in
cotton and only sovon thousand
bales aro made 'llicro win no
great suffering among agricultural-
ists. Columbia Oct. 27. Gov. Orr au-
thorizes tho South Ctirolinenn to
say ho is utterly and unequivocally
opposed to tho Constitutional A-
mendment and will not recommend
its adoption by tho Legislature.
New York Oct. 28. Tho Secre-
tary of Stato has addressed a letter
to Sir Frederick Brueo in behalf of
James Lynch and John McMohan
recently convicted in a Colonial
Court of Canada and sentenced to
death on the charge of being Fen-
ians. They wero actors in the as-
sault mado in tho month of Juno
last at Fort Erio in tho Colony.
Tho Secretary says tho United Con-
sul at Toronto has been instructed
to procuro for the information of
this Government a copy of tho re-
cord of the trial and conviction of
Lynch and McMahan and also of
all further trials and convictions of
a similar character which shall take
place in Canada. Tho Secretary
says : "Tho President directs me to
assure you of his confident hope
that Her Majesty's Government will
not only cheerfully comply with tho
request thus made but that they
will think it proper also to examine
tho judicial proceeding aforesaid
with a careful regard to the rights
of tho United States and to tho
maintenance of good relations bo-
twocn the two countries. Fortius
roason it will bo very gratifying to
the President if you should ho able
to give mo an assurance that the
elocution of the sentences pronoun-
ced upon tho convicted persons will
bo suspended. If occasion for delay
shall uriso in the manner before
mentioned to mako it desirable it
is tho opinion of this Government
that sound policy coincides with the
best impulsos of n benevolent na-
tion in recommending tenderness
amnesty nnd forgiveness in such i
cases;
Tho New York Herald. s Toronto
special says': Dispatches aro com-
ing from all parts of tho Provinces
demanding no mercy to be shown
tho convicted Fenians. It isdiaibt-
fnl if the crown can find evidence
strong enough to convict Uev. Mr.
Lumsdcn. Threats made by New
York Feninns to avengo the Jcalh
of thoso convicted is doing great
injury to prisoners. Petitions are
to bo circulated nnd sent to tho
Governor General to forward to the
homo government to have the sen-
tences commuted to imprisonment.
Daniel Whaler Patrick Horton and
Daniel Drummond have been ar-
raigned and fears are expressed
that prisoners niny escape. There
are in the city over five hundred
unemployed Irish. American Fen-
ian prisoners at Cornwall arc to be
indicted Monday for high treason
and tried the following Wednesday. I
Further discoveries hnvo been
made of forgeries of judges names i
to natnralizntion papers in this city. I
New York Oct. 2!. Tho Demo- 1
cratic and National Union Commit-
tee passed resolutions requesting
the Government to make speedy in- j
trferenec for the safety nnd protec- j
tion of Lynch and McMahan. 1m-
mensc meetings are held at Buffalo
in svmpathy for the prisoners. I
St. Wis Oct. 29. A Fenian
meeting is called to cousider what
action is nocesaary to be taken in
the raae of Col. Lynch ai.d Father j
McMahan. '
WAaillXGTOs Oct. 20. Miaa Fan;
ny Seward dsnghUr of Mr. Wm.
II. Seward Secretary of State died
this rooming.
The Sub-Commit tec nppoii.Nd by
the Tammany Hall General l"'n-
m it tee to call on the Trident with '
the view of obtaining executive in- j
terlerence in case oi American ciu-
ceos condemned to death at Toron-'.
to Lad an interview tLis morning.
In response to the a-31r of tLt.r
S.-WIIOU: NUJBFR BS3.
I'liairiiiiin tlio lYenidi'lil I'cliuirki'd
ho had anlicij:il d their refutation
ami memorial us would bu perceiv-
ed by tho copy of a cnrrrhpuiideiii'it
ill relation to the subject liiihiixlmi
this mi ruing he expressed hia sym-
pathy with tlu'ir mission. Tin) in-
terview was vcrv satisil'actorv to the
committee.
I 1 -a- ii
i Bloznipulon! Fkcltlics of (lie
Governor Lieut. (Jovcntor nnd
Speaker or the House.
The lively mid very interesting
Austin Editorial correspondent of
tho Pan Antonio Ledger J. M. Mur-
phis Esq. gives thcfollowingtriith-
fill sketches of the three gentlemen
uhovo named :
James W. Throckmorton was horn
in Sparta Tennessee on the 1st of
February- 1825 studied medicine at
Princeton Kentucky. and omigrated
to Texas in 1811. lie was surgeon
to Major Chevallier's Battallion du-
ring the Mexican war and returned
homo with a kroken constitution
and in had health which has never
been good since us is shown by his
sallow cadaverous complexion.
After pracelicing niidicino for
several years the condition of his .
health induced him to quit it and
engage in the practice of tho law.
In August 1851 he was elected tu
tho Legislature and was a member
of the lower houso until 1S5U at
which time ho was elcctod to tho
Senate.
In 1861 ho was elected nnd served
as a member of the Secession Con-'
volition in which his action though
differing from tho great majority
won him the respectandadmiVatiiiii
of all. The stcno that was enacted
whilo tho vote was taken on the or-
dinance of secession has passed into
History.
The Hull was crowded to its ut-
most capacity with members dis-
tinguished personages and ladies
the galleries wero crowded and on
the rostrum with tlio President
wero the members of the Supremo
Court. The sconce was intensely
exciting but a most profound silonco
pervaded tho vast nsscmblago. Ev-
ery person present seemed to realize
tho fact that tlio hour was pregnant
with history. Tlio Secretary began
the calling of the roll with slow and
solemn emphasis tlio responses
were firm and decided. The mem-
ber from Williamson who hud beeu
a decided Union man changed his
position and voted for the Ordinance!
this was followed by applauso but
in a moment as tlio call proceeded
tlio silence was again marked.
When the name of .Throckmorton
was called ull eyes w.re turned to
him! His known . character for
firmness forbid tho expectation that
ho would change but his love for
Texas had boubtloss suggested to
the minds of son that he might
yield.
As the Secretary pronounced his
hamo he arose from his scat and
said: "Mr. President I In view of
all tlio surroundings with a full
knowledge of my responsibility to
my God (slowly raising his right
hand above him) and lny country
unmoved uy tno wild spirit ot revo-
lution around mo I vole no!"
As he took his seat an audible
hissing was heard in tlio gallery
above; in an instant he was on his.
feet again and pointing his finger
towards the offensive quarter ad
dressing .the President ho said:
' Sir when tho rabble hiss patriots
may tremble !
Volumes wero uttered in this
short sentence! At such a lime
when a great Nation was in the
throes of dissolution ; when tho
proudest government of Earth
foundered upoi tho cherished insti-
tutions of liberty and equality with
such a glorious history was writh-
ing in the agony ot'dismeiiiherinent;
wiieu civil war with ull its fierce
animosities conllagrant towns and
cities with vast rivers of blood
staining tho sacred soil of our coun-
try loomed up in appalling horror
before the keen and truthful percep-
tion of tho speaker at such a mo-
ment in such uii assemblage When
the history ofgrc.it events was just
claiming a contribution to one of its
most remarkable and memorable
pages well might tlio speaker- im-
bued as ho djutless wits with tho
greatness nnd solemnity of tho oc-
casion exclaim as he-did At the
heedless thoughtless rabble which
seemed f glory in anticipation of .
the terrible disasters that were to
befall their country or who were so
determined upon war as not to con-
template the possible results. .
But no sooner hud the guns of
Fort Sumter against all his convic-
tions of what he conceived to bo for
the best interest of his action pro-
claimed tho terrible realities of the
hour than we co Mr. Throckmor-
ton resigning his seat i:i the Senate
buckling on the arms of war and
hastening to-the hattlo-fichl In do-
fenseof hisnntive land ! He partici-
pated in the battle of Chnstenalah
Elk Horn and Farniiugtoit was with
General Major in the memorable
lionisiana campaign which resulted
in the capture of General Taylor of
Brashear City nnd its defences was
with General Tom Green in his gal-
lant attempt to fctorm Fort Butlor
at Donaldsonvi'.le. nnd participated
m the action on the La tourche.the
13th Jnly following.
At this time biophysical energies
were entirely pros'. rated and his
friends thought he would not r over
returning home he f jund himself
elected to the S-iiate by the pooplo
without hi knowledge and again
served them in the le gislature.
He w"s appointed by Governor
Murrah to the command of the
Northern divi.-i jn of State troops ir
lfe4. and after the battiea rf Mn-
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Dallas Herald. (Dallas, Tex.), Vol. 14, No. 8, Ed. 1 Saturday, November 10, 1866, newspaper, November 10, 1866; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth294387/m1/1/?q=Lamar+University: accessed June 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .