The Galveston Daily News. (Galveston, Tex.), Vol. 38, No. 226, Ed. 1 Thursday, December 11, 1879 Page: 2 of 4
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©)e$>alfcr£sfatr Htfcus.
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Thursday, Dettmber 11, 1873.
Countt Judge Williams, by sustaining
the demurrers of the liquor men, tas practi-
cally declared the " bell-punch act" unconsti-
tutional.
In the senate yesterday Mr. Maiey opposed
the resolution to adjourn from December 19 to
January 6, but the same prevailed notwith-
itanding.
The president yesterday nominated Hon.
Alex. Ramsey, formerly U nitod States senator
from Minnesota, to succeed Mr. JlcCrary as
secretary of war. ^
Sicretabt Shermax is said to be at the
bottom of the movement for the colonization
of North Carolina negroes in Indiana, and he
thinks it possible to send enough of them there
to control the state. The democrats are talk-
ing about bringing over the Ohio river a few
thousand Kentuckians, just to maintain the
present status, you know.
A M'mmKO of the stockholders of the Texas
*nd Pacific railroad was held at Philadelphia
on Tuesday, December 9, at which an issue of
mortgage bonds to the amount of 12.5,000 per
mile on the Rio Grande division of the road
was authorized, for the purpose of pushing
forward the construction of the road from Fort
Worth to the Rio Grande at or near El Paso.
Improvements continue to be made in the
telephone. It has been made duplex, and now
two persons can speak or sing simultaneously,
one in'o each mouthpiece, and the diaphragm
will respond to each set ot vibrations, and
both voices will be heard at the distant tele-
phone. So two persons at the same time can
hear words received from the single telephone
at a distance. ^
The colored people of Georgia are apparently
prospering. They own, according to returns
just published, property valued at $5,182,398,
against 85,124,875 last year, and this, too, when
the bulk of property has decreased at least ten
per cent, in value. They have added 39,309
acres to their possessions during the last year,
making a total of 341,199 acres owned by tho
colored people in Georgia.
The Charleston News and Courier publishes
a letter from* Col. Ellison 8. Keitt, of South
Carolina, advocating the nomination of Grant
and Bayard for president and vice president,
and urging that, instead of solid sections, the
union be solidified. Col. Keitt says: " With
a generous support from the intelligence of the
south, Grant and Bayard would give us the
most honored government the world ever saw."
The charge of federal judge McCormick to
the grand jury impaneled at Dallas, which is
given in full in the News this morning, con-
demns in the most pointed manner the practice
which appears to have prevailed in Wheeler
county, and perhaps other places, of deputy
United States marshals making arrests on
blank warrants and dragging citizens to distant
points for the purpose of swelling fee bills of
the officers or for the gratification of personal
feelings of revenge or enmity. Judge McCor-
mick's charge embraces all points necessary to
a full understanding of their duties, so far as
the grand jury is coucerned; is a severe rebuke
to the commissioners and deputies against
whom his remarks are directed, and a plain
and emphatic exposition of the rigBts and
privileges of citizens, which few of them will
fail to carry into effect should such abuses
as those referred to as having occurred in the
Panhandle country be attempted agaip.
Republicans in New York, distrustful of
their ability to carry the state at the presiden-
tial election, are discussing the return to the
plan of electing presidential electors that pre-
vailed in that state a good many years ago,
under which each congressional district chose
one elector and.the whole body selected the two
senatorial electors. The only presidential con-
test under that system was that of 1828, when
Gen. Jacksoa secured 20 votes and John Quincy
Adams 16. In 1829 the legislature adopted the
general ticket, which has prevailed ever since.
The purpose of the contemplated change under
discussion now is to secure a portion and if
possible a majority of the electors, by adopt-
ing the congressional district system of 1829.
The legislature, which is overwhelmingly re-
publican, may go further and adopt the
method of appointment by that body, whereby,
for the next election at least, they could give
the republican candidates the whole thirty-five
votes of the state.
A good deal of misapprehension continues to
exist in relation to the appointment of the
electoral commission, and the assertion is fre-
quently made that had not judge Davis refused
to serve the result of tfce report of the commis-
sion might have been different. This state-
ment appears to rest on the assumption chat it
was optional with judge Davis whether to
serve or not. On the contrary, after the pas-
sage of the electoral law the supreme eourt had
the election of five judges, one of whom, as
parties stood in congress, would hold the
balance J power in the commission and finally
decide the presidential question. The court at
that time was constituted, politically, as fol-
lows: Republicans—Judges Waite, Swayne,
Miller, Strong, Hunt and Bradley. Democrats
—Judges Clifford and Fields. Independent—
Judge Davis. The judges made their selec-
tion for commissioners, and chose judges Miller,
Clifford, Fields and Strong, and finally Brad-
ley. Judge Clifford several times presented
the name of judge Davis, and was anxious for
his election, but his voice was not listened to
by the majority of the supreme judges, who
could, had they desired the services of judge
Davis, nave chosen him at any time. Before
the choice was made of judge Bradley, who
constituted the fifth commissioner, the legisla-
ture of Illinois elected judge Davis to the
United States senate, which, of course, ex-
eluded him from accepting the place of com
tnissioner had it been tendered him.
As interesting libel suit is about to be tried
In St. Louis, Mrs. De Munck—better known as
Carlotta Patti, the singer—having instituted
proceedings against Mr. Pulitzer and the Post-
Dispatch for copying from the Leavenworth
Times, as a sews item, a statement that the
santatrice was too much under the influence
fcf something stronger than water to fill her
tngagement at Leavenworth. In answer to
petition of plaintiff, the defendant's attorney
(rill put in a counter claim on the part of the
Post-Dispatch, and will also allege that,
whether drunk or sober at Leavenworth, the
publication in the Post-Dispatch was greatly
Mneficial to her professionally, and that, in
itsad of her claim being allowed, the publisher
K justly entitled to compensation. Speaking
tt this suit, the Globe-Democrat says:
Depositions will be taken in various cities to
trove that a reputation for drunkenness, or
tther little peccadilloes, never damaged an
tpera singer's business, either in Europe or
Lmerica. Mr. Charles Pope is expected to dis-
pose the names of the noted actresses he has
net with who were addicted to the flowing
fcowl and yet never ceased to draw full bouses.
The defense will prove by Mr. Pope that he was
(egotiating with the plaintiff several days be-
'ore the publication complained of, and refused
lo comply with her terms, but on reading the
kdvertisement in the P.-D., copied as a news
item from th. Leavenworth Times, he agreed
'O her conditions, well knowing that the repu-
tation given her would fill the house to over-
lowing. Mr. Norton will be asked whether
Us experience has not satisfied him that the
test tragedians are given to drink, and if he
toes not know that the public will go to see a
kinking woman on the stage in preference to
I teetotaler. Mr. Smith, of the comique, will
*9 examined in regard to his California expe-
rience, and some of the old stagers will be ques-
tioned about the career of Lola Montez, Fanny
tllsler, Charlotte Crampton and other noted
iromen of the stage. The depositions will
eord material for a spicy review of the bibu-
is habits of some theatrical people.
THE QUESTION ABOUT LEGAL-TENDER
NOTES.
All the signs foreshadow a vexatious and
embarrassing agitation on the subject of
legal-tender notes. It may be that tlie re-
publican party or the democratic party, or
both, will yet come to wreck in the wild
waves and furious breakers of the green-
back question. President Hayes is for the
destruction of the legal-tender quality of
greenbacks and for their wholesale retire-
ment as early as possible. The administra-
tion can not urge this policy without encoun-
tering an earnest and formidable opposition in
its own party. Its inconsistencies with re-
spect to legal tender notes jre gross and
flagrant. The president's assertion of the
unconstitutionality of these notes, and his
recommendation that thev be redeemed and
cauceled, when compared with his active
or passive position heretofore, present him
in a pitiable attitude. About a year and a
half ago he signed without hesitation, and
with apparent alacrity, a measure known as
the Fort bill, providing that when any
of the legal tender notes " may be
redeemed or be received into the
treasury under any law from any
source whatever and shall belong to the
Uuited States, they shall not he retired, can-
celed or destroyed, but they shall be re-
issued and paid out again and kept in circu-
lation." The vote in the house on this bill
stood 177 yeas and 35 nays. Only three
western republicans voted against it, Gar-
field, of Ohio, being one of the three. In
the senate Sir. Bayard moved to amend the
bill with the provise that the notes "when
so reissued shall be receivable for all
dues to the United States, excepting
duties on imports, and not to be otherwise a
legal lender." The bill was carried in the
senate, however, by the vote of 41 yeas to 18
nays. Both the affirmative and the negative
votes were about equally divided between
democrats and republicans. The president
did not then dispute the constitutionality of
the legal tender notes, and he formally
subscribed to the policy of keeping
the volume of such notes then out-
standing in continued circulation. He
now says that they should be swept
out of circulation as soon as possible. He
now says that they are unconstitutional,
and that nothing but the exigencies of war
could justify the enforcement or recogni-
tion ef them as a legal tender paper. But
there were no exigencies of war a year and a
half ago when the president recognized them
in this character and assisted in keeping
them in circulation in this character. The
public may well be curious to know what
exigencies of peace have wrought such a
revolution in the president's mind
on a question of constitutionality and a
question of policy in relation to outstand-
ing treasury notes which constitute about
1350,000,000 of the country's currency. It
is certain at least that the president in his
assault upon greenbacks has thrown a bomb
shell into the ranks of his own party.
FUGITIVES FROM JUSTICE AND STATE
JURISDICTION.
The decision of the court of appeals dis-
avowing jurisdiction in the case of a citizen
of Brazos county, who sought discharge
from arrest under a requisition from the
state of Illinois, marks a passage both hon-
orable and memorable in the judicial history
of Texas. When proceedings were first
taken to bring this case before a district
judge for the purpose of defeating the ex-
tradition of the prisoner, who was about to
be delivered by a Texas sherifE to an Illinois
agent deputed to receive him, the News, in
casual comment, took the broad and unquali-
fied view that no case of such a character
could be a proper subject of judicial notice,
consideration or interference in this state,
or in any state except the state
making the demand for the surrender of the
supposed fugitive from justice. The clause
of the United States constitution under
which the demand was made, namely, that
a person charged in any state with trea-
son, felony, or other crime, who shall flee
from justice, and be found in another state,
shall, on demand of the executive authority
of the state from which he fled, be deliv-
ered up, to be removed to the state having
jurisdiction," was cited as showing that
state extradition was a matter for executive
action only, and that Texas, as a co-state of
the union with Illinois, had no option in the
case referred to but to deliver up the person
formally demanded to an authentic agent of
the latter state. Nevertheless a Texas
district court took the case under
examination, interrupted the delivery,
and allowed the prisoner to go
at large under bond pending resort to the
court of appeals, which has disavowed
jurisdiction in an opinion which is printed
at length fn another place. This opinion, a
clear, terse and impressive deliverance of
judge Clark, places the matter of state ex-
tradition where the News advised in the
first instance, that all the authorities of
Texas should recognize it as lying, and it
impliec a grave rebuke to the district judge
who interfered with regular executive ac-
tion taken by the governor of Texas in
response to a regular demand from
the governor of Illinois. It is easy to
be seen what mischievous complications
would result, if the courts of one state were
opened to proceedings designed for evading
demands for the return of persons charged
with crime in another. There would be
worse than confusion of jurisdictions.
There would be war of jurisdictions. One
state would have no more right to assume to
pass upon the merits of criminal accusations
referring to acts and circumstances beyond
and perhaps remote from its limits, and, vir-
tually acquitting the accused, hold him se-
cure from arrest, than another state would
have to try and convict the accused in
his absence, and take him forcibly, if
it could, from the state which shel-
tered him, and hurry him to execution.
Not only this. To convict and hang a per-
son from another state, for crime supposed
to have been committed within the jurisdic-
tion of that state, would be no greater
stretch of authority than to virtually acquit
and guarantee against prosecution fugitives
from justice by interposing judicial obstruc-
tions to the return of such persons to the
states where they were charged with crime.
The opinion of the court of appeals before-
mentioned is as timely and wholesome as it
is able. The pretensions and fallacies upon
which it frowns tend directly to demoralize
and render finally nugatory the whole sys-
tem of state extradition contemplated by
the United States constitution.
IICORRECT WEIGHTS.
A Card from Mr. Stephens.
Washington, D. C., November 26.—To the
editor of the Chicago Tribune: I have just seen
published, in the Atlanta (Ga.) Constitution of
November 25, the following, with heading and
all:
whom are we to whip?
Chicago Tribune: " Mr. Alexander H. Ste-
phens has publicly expressed himself in favor
of a consolidated government and a foreign
war, and this sentiment has been re-echoed by
several other prominent men in the south, and
some of the leading journals. What foreign
war do they want? Whom are we to whip?
These belligerent southrons would have the
government go about like the Irishman at Don-
nybrook fair, brandishing a shiilalah about it£
head, and waiting for some one to tread on its
coat-tails. But who is to tread on its coat-
tails? Are we to fight Spain and seize Cuba?
We have had one opportunity to do that, and
decided we didn^t want it. Are we to invade
Mexico and seize more of her territory! We
have enough of it, and that would be a pica-
yunish war. Are we to fight John Bull, and
What for? We don't want Canada at present,
and John Bull don't want to fight us. When
we want Canada we can get it diplomatically,
without the trouble or expense of fighting for
it. Are we to invade Germany, or pummel
Austria, or come to blows with owr good friends
France and Russia, which latter has no pos-
sessions this dde ef the water? We can't have
the fight until some of the other nations tread
on our coat-tails; and as none of them will do
it, but would much rather cultivate friendly
relations wifch us, how is the south to get its
war? Hasn't the south had about enough of
war? Would it not be ketter for that section
to try a few years of peace, and improve them
in educating and civilizing itself?"
Now, sir, if this publication be genuine (and
I really do not know whether it is or not, as
so many falsehoods ar» now afloat in the news-
paper press), I wish to know upon what
authority you attribute tbe utterance of such
sentiments to fne. I disavow them. Not only
so, I utterly repudiate them, and assert, most
positively, that none such were ever entertain-
ed or uttered by me, publicly or privately. I
was amazed to see that any Georgia paper
should " e reproduced them, without, at
least, a ^-estion as to their probable correct-
ness.
Ton will please do me the justice to publish
this note, which may reach at least some of
those who have read the article referred to.
Very respectfully, Alexander H. Stepalkns.
STAFFORD, WEST. BURKE AND KEA-
GHET TESTIFY ABOUT WEIGHTS,
Moody and Hardeman Dispute Across
tbe Table About Former Cosver*
satlons— inetliod ot Weigh-
ing and leaning Cer-
tificates.
All members of the committee were present
except Col. McAlpine. who was detained by
business at the feaeral court.
Present, also: Wm. Masterson, Capt. Staf-
ford. Col. Moody, Gen. Hardeman, Maj.
Walk ins.
J. K. Walker arrived in the city this yester-
day having previously telegraphed in reply to
the committee's request for his presence that
he would be here, and expected that all his ex-
penses wouid be paid.
Hardeman handed the following to the com-
mittee (read by Mr. Wells):
hardeman's request.
Galveston, Dec. 10.—Gentlemen: In your exami-
nation of Col. Moody, and after it had been shown
that the Walker cotton under investigation weighed
nearlv three pounds per bale more on an average
than 'Messrs. Moody <£ Jemison reported to Walker,
Mr. Wells asked Col. Moody, *' can you state by to-
morrow that this was an exceptional case?'" To
which he replied: "Some show gain and others
loss: could not do it by to-morrow.M
The stenographer adds: "The committee here
intimated that if Moody desired to go into his sea-
son's business to show how cotton sales turned out
on first weights, he could do so: they would not
restrict him. He made no positive reply to this."
After adjournment the reporter of the News
asked Col. Moody if he would get up the full state-
ment of cotton sales under the first weights system
to show the aggregate result, and he replied: "We
will look into the matter as best we can, and pre-
sent it as fair as we can."
As Col. Moody has not yet seen fit to declare di-
rectly that the tabulation of Walker's cotton,
showing a great loss to him, is an excep-
tional case, and as the committee and
the press have desired information
on that point, I ask that the column of weights at
which Messrs. Moody & Jemison sold the cotton of
all their consignors last season and the column of
the weights reported to such consignors be added
up and the result be considered by the committee.
wm. P. hardeman.
To Messrs. Wells and others, committee.
Messrs. Wells and Focke agreed that they
thought best to delay action on the above re-
quest until Col. McAlpine came in, and the pa-
per was laid aside for the present.
The following corrections were made at Mr.
Wells's request in the printed report of tbe
News: A question asked by Wells of Master-
son, he changed to read: Do vou believe this
cotton was weighed wet when it came in?
Answer (as it appears in report): That's the
only way I can account for increase in weights;
the"proper allowance was not made and some-
times dry cotton will come in dry and after-
ward, by foggy weather will gain by absorp-
tion, and a norther comes and it loses, etc. A
question asked by Wells of Hardeman
changed so as to read: Still you don't acquit
Masterson of wrong intent in issuing certifi-
cates in this way ? Answer (as it appears in
report): No, sir; I don't.
[Note.—The report below is framed to em-
brace only pertinent evidence, and no attempt
is made to keep up with questions and answers
that seem, some of them, to have been asked to
consume time or confuse witnesses. At times
several persons spoke at once, at important
stages of the examination, and it is only the
purpose below to give the gist of the matter in
as correct shape as possible, in view of the
sounds and cross sounds, questions and cross
questions that closed around the reporter's
ears.]
weighers examined.
Capt. J. S. Stafford, in answer to questions
by Wells, said: I have read all the evidence
that has been before the committee, as pub-
lished in the News; I have seen copies of the
two certificates upon which Gen. Hardeman
bases his charge against Masterson & Stafford;
I do not wish to examine the certificates, as I
have seen them; have not, since this matter
has been called to my attention, compared first
and second weights of • cotton shown in these
two certificates. [Witness here compared the
weights in certificates with official record, and
found same correct.] Weight in certificates
are first weights; at the time these certificates
were issued I had no knowledge the second
weights had gained; knew nothing about cer-
tificates; Masterson was in charge of office;
don't recollect whether I weighed that cotton
at first; did most weighing for Moody &:
Jemison; no instructions from them as to how
to weigh cotton; if I had received such in-
structions I would not have weighed any cot-
ton for them; never any collusion between me
and Moody & Jemison, or any one in their
office; have seen weight books in possession of
Moody & Jemison; first and second weight
books in their possession, and I suppose
belong to Moody &: Jemison; they are copies
of our books; copying is office work; the
checker I have along with me makes entries in
office books and then sent to office and Master-
son copies from those books to Moody &
Jemison's books; when I come to office I
see those books; Moody & Jemison never,
that 1 saw, made entries in those books; never
saw anybody but my firm make entries in
them; weights in this book are same as one re-
tained in our office; original entry is never
changed if I reweigh cotton: it is put in
another book; when I weigh second time 1 take
first weights to press to compare them; have
heard checkers say second weights gain; some-
times gain over first, but can't tell what is the
proportion of gain; sometimes loses, some-
times weighs same; gains and on necount
of the weather; cotton is sometime*
in wet and allowance is made for the I
think I have sufficient judgment v '"ake
proper allowance; we come as near a t>le;
do not believe where cotton gain?; < • c >nd
weighing: it is to be accounted for i .« » the
fact that too much allowance on account of
cotton being wet on first weighing; may be from
dampness, dews, fogs or rainy weather, or
from position it is stored in press; I may weigh
a bale of cotton wet and mark it down ten
pounds, and when it dries out I may find ten
pounds is too much, sometimes may be too
little, and I have sometimes found out 1 could
have deducted twenty pounds; allowances for
mud are made same way; these allowances, in
my opinion, are always made honestly, without
intent to injure any one; I never weighed in
any port but this, therefore can't say what is
practice in other ports; used to be custom when
cotton was weighed in to mark its weight on
bales; every time cotton was sold and weighed
again and it was found it had lost in weight I
marked it down; if it gained I marked it up;
those were instructions from Hardeman; never
had instructions given me by any one as to not
marking weights. Moody, about the com-
mencement of last season, did not instruct, but
asked me not to mark first weight on bales;
reason assigned for this was that in marking
up or down, as weight might be found to vary,
caused disputes between factors and buyers,
and I know and believe that was the cause;
cotton has no fixed weight.
Hardeman was asked by Wells if he wished
to interrogate witness ?
Hardeman declined.
Same opportunity given Moody. Examina-
tion by Moody:
Stafford—Moody & Jemison never encour-
aged, instructed or tried to procure me to
make any weight other than what was just
and correct between the parties. I weighed
the cotton fairly at all times. If Moody &
Jemison had corrupted me, Hardeman would
have known of it, as he was with me in the
yard and he would have suspicioned some-
thing.
In answer to question by Moody, Hardeman
said: Have stated repeatedly I~believe Staf-
ford was an honest weigher, and had weighed
his cotton correctly the first time.
Stafford, in reply to Hardeman's questions,
said: If I had been disposed, when weighing
cotton m fhe yard, to weigh wrong, you could
not have known about it ; the checkers
could.
Hardeman said he never charged anything
like Moody's questions intimated, out had been
verv particular on that point.
Weils—I did not think Mood'y question
necessary.
Moody—But I did.
H. West, in answer to question by Wells,
said: Am deputy public weigher of the firm
of Burke, Weeks & Co.; we weigh for follow-
ing factors: Woolston, Wells & Vidor, Focke
& Wilkens, P. J. Willis & Bro., L. C. Fisher,
Ball, Hutchings & Co., Lammers & Vogel,
Kauffman & Runge, Frederich & Kellner, P.
H. Erhard, Wm. Hendley & Co., J. J. Lewis &
Co., D. C. Stone. Believe I have named them
all; none of these factors weighed their cotton
in; not custom as a rule for them to have their
cotton weighed in, but in some instances we
have orders to weigh certain lots of certain
marks in; (to question by Focke) these are ex-
ceptional cases: (to question by Wells) I know
of no reason why they should weigh in certain
marks of cotton, except it is by the shipper's
request; but you will have to ask factors about
that; when these bales were weighed in we
always marked the number of pounds on them.
When cotton is sold I reweigh it; if a bale is
dried (that is, apparently dried to us, we only
take outside appearance) we change the old
mark on the bale; if it gains I mark it up, and
if it loses I mark it down; this is invariable
rule. When we weigh a lot of cotton on a fac-
tor's order we return the weights of that cot-
ton in the books in office, and we copy from them
into the book we furnish the factor, and the book
we furnish the factor is an exact copy of the
weights in our book; the entries made in book
we give the factor is always made by some one
of our firm and not by anyone in the employ
of the factor. I have never known of a single
instance where weights in a book were changed
by the factor.
Wells—If a factor asks you for certificates
of the weights of cottoD, which weights do you
take?
West—If we weighed the cotton on arrival
and he wanted a certificate to that effect we
would.give a certificate to that effect.
Wells—Would you say the cotton weighed so
much on that day or it does weigh so much
now?
West—Our certificates are printed, and say:
I hereby certify that I have this day weighed
such and such bales of cotton, and we give the
very date it is weighed and the weights .
Wells—That is the date of the certificate?
West—No; the date the cotton was weighed.
For instance, if we give you a certificate in De-
cember of a lot of cotton weighed in Septem
ber, we date it September, on the date the cot-
ton was weighed. Where we weigned cotton
twice we have always given certificates of the
second weight, because the only times we have
given certificates were in cases of loss of
weights: generally when we weighed it we
gave certificates of those second weights, and
where a factor wants it, we give him a certifi-
cate of weighing and reweighing. I have
given, by request, certificates of first
weights. When cotton is sold and weighed a
second time, and it was asked, we have
given certificates of second weights and have
given certificates which contained both first
and second weights, saying on such and such
date it weighed so and so, and on another date
it weighed so and so: cotton both gains and
loses on second weighing, but I can't tell what
proportion of the bales will do so; do not know
whether cotton loses most or gains most; we
have weighed considerable that has gained,
and also a great deal that has lost; if it came
in last month, being a dry month and it was
weighed out when it was wet it would gain,
and vice versa; we weighed cotteDin when we
were ordered, whether it was or wet, and
cotton gains or loses as a rule; don't weigh
cotton for buyer*; am not a reweigher; it was
the custom with a number of factors, up to two
years ago, to weigh their cotton in; a great
many houses never did; a number of them
never weighed cotton in at all. I dont think
when weighing in was the practice, say two
made the allowance; our jtifement of the ;
fro# the 1
we made second weights we Qd not find allow-
allowance is what y
>bale: when
great, general^ they were too
little; have weighed about six years; can't say
the buyer on first weights. I think most of the
houses that weighed in, weighed out ; there
were some that (fid not weigh out, but I don't
know now who they are; that practice has been
discontinued entirely, because we don't weigh
cotton in except in special cases of a few bales.
(Questioned by Focke): I can't tell you why
it was discontinued; that is something they
know more about than I do; they gave us
orders to cease weighing their cotton in.
(Questioned by Wells): When cotton was
weighed in, if second weights showed a
difference, the change was marked on
thibale; delivery weight is last weighing; if
there were marks on the bale, and we weighed
it over again, no matter who put marks on it,
we changed it to correspond with the weight
of the bale when we weighed it; at that time
w« had first and second-weight books; never
occurred to me to compare first or second
weights; any loss or gain we marked on the
bale; no factor told us to weigh with up or
even beam, but tells us to give him full
weight, as we are required to do under law;
we would not give any other weight than that
marked on the beam unless cotton was muddy,
or something of that sort, if factors told us to
weigh cotton in any particular way, 1 would
weigh to suit as I thought right; never had
anybody to request anything of that kind; we
are under oath.
Col. McAlpine here came in from the court-
house, where he said he had been detained as a
witness.
Witness questioned by Hardeman—In weigh-
ing cotton we used even numbers and fives,
fives only odd numbers we used; if I was called
on for a certificate eight months after the cot-
ton was sold 1 would give second weights, be-
cause that is the only weights we have paid
much attention to; in books we used eight
months ago there would be no second weights;
when a man asked for a certificate we would
give him second weights if we had weighed the
cotton twicf, or we would give him both.
Questioned by Moody—Would give second
weights if 1 had weighed cotton on arrival and
then weighed it subsequently, and there was a
difference; if called on after both transactions
for a certificate, the date not being indicated,
if a request for first weights, after I had
weighed second time, had been made, 1 don't
know what I would have thought of it;
would want to give both; both were correct
for the dates they were given; depredations
would cause discrepancy between weights, but
I atn speaking of cotton in good order, not al-
lowing for stealages in presses.
Questioned by Wells: Don't think cotton loses
by press depredation now; did several years
ago; don't think the practice of weighing in by
factors stopped depredations, but I think the
cotton exchange rules and restrictions stopped
it; can't answer that the practice of weighing
was not an effort to stop stealing cotton.
G. H. Keaghey, questioned by Wells: Am
deputy of Hardeman; weigh for Lee, McBride
& Co.; they used to weigh cotton in, not now;
up to middle of last monid* they weighed in; I
invariably marked first weight on the bale; as
a rule, when cotton is sold I weigh it again: if
it gains or loses, I mark it up or down on bale;
only return first weight to factors; weigths
are" simply marked on bales and went in on
samples; weight on our office book was second
weighing or delivery weight; don't think I
ever saw figures changed in report made to
Lee & McBride; sometimes thought they were,
but have never been able to prove it; second
weight does not always gain nor lose; think
larger proportion will lose; I reweighed cotton
for the buyer; I tell buyer who I weigh for,
and they accept my weights. Questioned by
McAlpine—When there is gain or loss in
weights, if, according to my judgment, that
cotton has not been correctly weighed, I noti-
fy weigher to weigh it over again; find gain
and loss in my reweighing: no notice is taken
of it unless it is material discrepancy between
weights of factor and buyer.
Hardeman declined to question witness.
Questioned by Moody—In a case where any
cotton had been weighed by me, and turned
out again for me to weigh as private weigher
of buyer, I came to a bals which showed a
loss in consequence of drying up or otherwise,
I would require it to be marked down if it
amounted to anything.
Moody here submitted letter, which he said
he would like to refer to Keaghey as the
deputy of Hardeman. The letter shows 184
pounds in favor of first weighing, and corre-
sponding loss, of course, on second weighing,
and a gain in one bale of 186 pounds on second
weighing—the cotton being Lee, McBride &
Co.'s, and Keaghey weighs for them. In
reference to the letter, Moody said: I merely
introduce that to illustrate how Moody & Jem-
ison would have been placed had that cotton
been weighed on arrival and advices sent un-
der our system of making ourselves responsible
for first weights.
In answer to a question by Moody, Harde-
man said he would not have appointed Keaghey
unless he believed he was a competent and
honorable weigher.
McAlpine—That cotton was weighed by you
on arrival and afterward weighed for delivery
to buyer?
Keaghey—Yes, sir, and I have always in-
structed Mr. Lee and told him not to settle by
first weights unless he wanted to stand to it.
I would not.
Hardeman—And you are not responsible for
weights on samples?
Keaghey—No, sir; only the weights I re-
turned.
McAlpine—And you «told him he could not
do it unless he wanted to be responsible to the
shipper?
Keaghey—Yes, sir.
Hardeman—You don't mean to intimate you
weighed carelessly first time ?
Keaghey—No, sir; I would be careful each
time.
In answer to Wells, S. B. Burke said: Am
deputy weigher, appointed by Boyd: 'only
occasionally factors we weigh for weigh in,
and then we mark weights on bale; never
weigh without marking on bale; no factors
gave us instructions as to how to
weigh; we weigh by even beam; we
make proper allowances for wet and muddy
cotton, have experience for this; of course we
correct our allowances sometimes; cotton
more frequently loses on second weighing;
some gain, some lose, etc.; two years ago it
was not a common practice to weigh cotton in;
when weighed in and afterwards sold, it was
reweighed and marked on the bale; we re-
turned the factor the last weighing; don't
know why cotton was weighed in; there were
frequent complaints about press depredations;
as a rule factors do not now weigh in; we have
only one factor who weighs in; when I give
certificates of weight I state in certificate date
it was weighed.
Wells—Do you say it weighed on date of
certificate so much, or so much on the day it
was weighed?
[Witness read certificate he used, as follows:]
I hereby certify that the following are the gross
weights of — bales of cotton weighed this day for
account of Marks,
Galveston, ....,187 sworn weigher.
Burke—If I weighed it again and he asked
me for a certificate, and there was any change,
I would give both weights, weight and re-
weight, but I have never been called on to
give that kind of certificate; certificaie clearly
sets forth date of weighing.
Wells—If you weighed lot of cotton for fac-
tor, you weighed it in, and that cotton had
been sold and you knew it, and he was to send
to you the marks of that cotton with request
that you would give him a certificate of
weights, what weights would you give him?
Burke—I would certainly give him the last
weights, knowing the cotton had been weighed
a second time.
McAlpine—A lot of cotton was weighed on
arrival on the 1st of November, and subse-
quently sold and reweighed on November 20.
and a factor requests you, after lapse of some
time, to give him a certificate of weights
of that cotton, mentioning marks, when it was
weighed on the 1st of November—would you
certify in answer to that request these marks
weighed so much on the 20th of November?
Burke—No, sir. Would date it November 1,
date I weighed it; if he wanted a certificate of
that, my certificate reads "this date."
McAlpine—Would you inquire of factor
what he wanted such a certificate for?
Burke—Yes, sir, knowing cotton had been
weighed second time. Don't remember of ever
being asked for such certificate.
(Moody examined Burke.)
Burke—If you came to me next spring or
summer for certificate of weights of certain
lot of cotton weighed on November 1, and
wanted certificate of weights and I looked at
book to see date it was weighed, it would be
an equitable request to ask me, for then, they
being first weights, I would not have right to
ask you what you wanted with them if cotton
had been sold.
To Hardeman—If I had been asked eight
months afterward for weight of'cotton weigh-
ed on arrival on 4th December, and subse-
quently reweighed and weights marked on
bale, I would naturally give second weights
because I would have no other without refer-
ring to first weight books.
Hardeman showed Burke the certificates in
evidence, and asked him if he would certify
those were correct weights.
Burke—Would refer to my books to cotton
weighed December 4, and if it corresponded
with those weights, would certify those weights
were correct on that day. Those certificates
are different from ours.
McAlpine—What is your construction of the
meaning of those certificates?
Burke—My impression of what is meant
here is that on the 4th of December he had
weighed these marks of 122 bales of cotton
weighed on that day, and these were the
weights on the ^th of December.
McAlpine—Not weights before or after?
Burke—No, sir.
Col. Moody questioned witness as to advan-
tage of having cotton stenciled, to prevent sub-
stitution. W itness said after he began stencil-
ling there was little substitution; depredation
was still the same.
In answer to Hardeman, witness said that if
he knew cotton was weighed on a certain date,
say December 31. he would certify to weight
on that day; would certify eight months after
to that.
Witness referred to the bad condition in
which cotton comes this year, and thought
press inspectors had checked depredations.
Examined by committee:
Burke—Moody & Jemison were the first to
adopt the weighing in system as a rule. Don't
know that this checked depredations.
Boyd & Lauve, weighers, called as wit-
nesses, were asked to appear at 11 a. m. to-day.
Wells read request of Hardeman submitted
at opening of investigation, and asked what
action was to be taken.
Hardeman was asked if he insisted on the re-
quest. He said he did.
Moody, during this discussion, said it would
be an immense amount of labor to get up such
a statement as that requested. He did not
pretend to say the Walker cotton was an ex-
ceptional case. He thought his case was
finished and Masterson's had beea taken up,
but now wanted to be heard from on this and
many other points during investigation.
I Hardeman said he would be satisfied with
statement be desired it it was made up by
Moody « Jemison; that his object in the re
quest "was to show the loss of $12,000 to patrons
of tbe house.
Moody said he did not pretend to deny that
there were gains.
McAlpine—Committee will not dictate to
Moody his line of defense
Wells said Col. Moody could take it for
granted that statement would have to be
made.
Hardeman stated that statements made by
Moody yesterday forced him to make request
he (Hardeman) had made to-day.
Wells said to Hardeman it would take a
long time to make up the statement.
Hardeman insisted on the statement.
Moody, after some further discussion, said
that for four or five years, ever since his firm
had been weighing in, they had been account-
ing to owners by first weight.
Gen. Hardeman (rising and gesturing)—Then
I want to ask you one question. Why was it
you came to me and gave me your word, as a
man and a mason, you did not know your ac-
count sales were made up by first weights, and
I asked you to investigate these matters, and
you stated you did not know whethe r Mr.
Groce had done wrong ?
Moody (rising and gesturing)—I will answer
?ou. When you spoke to me of a specific case,
told you as a man and a mason I did not
know. I did know the manner of our doing
business, but I did not know whether it was
done in this specific case.
Hardeman (standing)—You stated you knew
the account sales were not made out by first
weights ?
Moody (standing)—I did not.
Hardeman (standing)—You did.
McAlpine (chairman)—Keep your temper,
gentlemen. [Both took their seats.]
Moody—He never informed my patrons of
anything but what they knew. I could have
no object in misstating it, but in this particular
case I was not acquainted with all the facts in
the case, and that is what I communicated to
Gen. Hardeman. I meant to convey the idea,
1 was totally ignorant of any transactions in
weights in ifr. Walker's cotton. I don't make
up any account sales. 1 knew the system of
our house, I knew the manner of doing our
business, and that they should have gone out
and were going out, and were meant for the
best protection of our friends and patrons. I
desire to stand on the merits of this question
and not arraign Gen. Hardeman for any im-
proper motives.
McAlpine—I can easily see how the misun-
derstanding arose.
Capt. J. S. Stafford—This morning you asked
me the question whether CoL Moody asked me
to weigh catton in a particular way. 1 want
to state-what I did met with the approbation
of Gen. Hardeman and Mr. Masterson.
Hardeman—You first told me about it, and
I told you to do what they thought.
McAlpine—To grant the request of Gen.
Hardeman he would have to have the charges
changed.
Hardeman—I stated I was forced into this
as a prosecutor for my own protection, and I
thought I was done with it.
Tho committee adjourned to 11 o'clock a. m.
to-day without taking further action, on re-
quest of Gen. Hardeman.
Hardeman asked the publishing of the fol-
lowing as setting him right:
Mr. McAlpine asked—If you were to weigh a
lot of cotton on arrival to-day, and Moody &
Jemison should ask you to-morrow for a cer-
tificate of these weights without telling you
any complaint was made, but simply wanting
your certificate as to the correctness of weights
you returned to them, would you weigh it
again or would you be assured of your certifi-
cate from the books?
Answer—I would give the certificate.
McAlpine—Would you think it not only
legal but proper to give such certificate?
Answer—Yes, sir, I think so, if satisfied the
weights were correct.
B. T. Masterson—If they are correct, and
this transcript correctly copied, could it be im-
proper to certify it was the correct weight of
that date ?
The last part of my answer should be, any
certificate given for first weights after cotton
is sold is not the correct weight.
B. T. Masterson—That is your opinion of
what the law requires ?
Hardeman—That is what the law requires;
any certificate given after the cottton is sold
for first weights is wrong, for it deceives the
owner of the cotton.
Focke—Did you know at that time it was
unlawful not to put weights on bales until cot-
ton was sold ?
_ Hardeman—Moody or anybody had perfect
right to weigh that cotton, but not to mark the
weight on bale.
:1 PANHANDLE TROUBLES.
Tlie Ringing ^Siarge of Hon. A. P.
. Moformick, United Mates District
Jut! >e, to tho t.rand Jury.
[Special Correspondence of the News.]
Dallas, Dec. 8.—The United States court
for the northern district of Texas, opened this
morning according to adjournment. The
grand jury having^ been impaneled, with J. B.
Savage, of Fort Worth, as foreman, the judge
charged them as follows:
Gentlemen of the Grand Jury: The general
duties of grand jurors is well known to you, as in
fact they are to all intelligent persons who have at-
tained their majority in this country, or wherever
the common law has obtained. In this judicial dis-
trict of northern Texas, as in all the districts lying
.wholly within one of the states, such offenses as
are called by lawyers common law offenses, as mur-
der, theft, and the long dark catalogue so well
known to the people of every civilized state, are
subject, in the great maiority of cases, to the laws
of the state, and cognizable only in the state courts.
In certain exceptional cases the courts of the
United States have jurisdiction of such offenses
occurring in this district, but I am not advised of
any reason for specifying now those exceptions or
charging you thereon.
The postal laws of the United States, in the strict,
prompt and full observance of which by all persons,
even* individual citizen has a direct and deep inter-
est, look to the courts of the United States for their
enforcement where their operations are impeded or
provisions violated: and, with the aid of the district
attorney, you will diligently inquire into, and true
presentment make, ot any offenses of this nature
that may be within your knowledge, or come to
your knowledge in the progress of your delibera-
tions.
The laws providing a standard medium of ex-
change or lawful money, and protecting its purity
and lawful character, touch at every point the wel-
fare of every citizen, and any violation of these
laws is to be ascertained and punished by the
United States court: and you will culigrently inquire
into and true presentment make of any violation
of these laws of which you may have "knowledge
or obtain reliable information during your session.
The laws of the United States for raising what is
called internal revenue, and especially the minute
and multiform provisions in reference to the mak-
ing and vending of tobacco, distilled spirits and fer-
mented liqucss, perhaps furnish occasion for the
greatest number of accusations which the courts
of the United States are called upon to inquire into
and determine. These articles are in such general
use, and dealings in them constitute such an impor-
tant branch of so much of the trade of the coun-
try, that a large number of the citizens of every
community are in one way and another
involved in the practical operation of these
laws. The regulations are minute and most
strict, and in many situations, in regions as
sparsely settled and as partially organized as lar—
portions of this dictrict are known to be. the dii
culty of exactly complying witn these necessarily
strict requirements is extreme. Every failure to
comply strictly with these regulations involves the
incurring of certain penalties, fines or forfeitures,
and these penalties, fines or forfeitures may be en-
forced by proceedings in the courts criminal or
quasi criminal in their nature, involving the arrest
of the accused and holding him in custody or under
bail to answer before the court sitting at a point
distant far from his abode and business, subjecting
him to the inconvenience, discomfort and expense
of travel, interrupting and sometimes destroying
his business; and having adjudged against him, in
addition to the fine, penalties or forfeitures, costs
taxed in favor of the officers of court greater in
amount of pecuniary value than the tax, penalty
fines or forfeitures to which he was subject
before the proceedings commenced. I am, from
my observation since coming into my present of-
fice, impressed with the belief that a serious abuse
has obtained in tnis district, or is threatening to
inflict it in connection with these regulations of the
internal revenue. These regulations are neces-
sarily strict, as I have said, and an exact compli
ance with them is required. They are not, how
ever, set by the government of the United States as
snares and traps to catch fees for the officers of
her courts, but as guards to secure the payment in
good faith of the revenue she demands "from the
makers and venders of these articles of so-callee
luxury, become by long and general use the staple
necessaries of life.
And the laws of the United States recognize the
fact—a fact manifest to the most restricted, obser-
vation—that very many purely technical violations
of these regulations must constantly occur where
no fraud upon her revenue is committed, and no
offense rests in the intention of the party. The
law requires collectors of the internal reve-
nue to have their respective districts thor-
oughly canvassed by deputies, to facilitate the
observance of its regulations in reference to pay-
ments and manner of dealing, and to discover any
real frauds being perpetrated or attempted upon
the revenue, and to report all such violations of
such laws as incur any fine, forfeiture or penalty,
to his next superior officer, and the collector is re-
quired to report, in writing, any violation by which
any penalty, fine or forfeiture is incurred to the
district attorney of the district where the violation
occurred, giving all the facts and the evidence.
The district attorney is then authorized and re-
quired " to cause the proper proceedings to be com-
menced," " unless, upon inquiry and examination,
he (the district attorney) shall decide that such pro-
mts
ends of p
ceedings should be instituted.
the district attorney—the officer who represents
the United States in all of her suits and acticns,
both civil and criminal, in her courts—should have
an opportunity, on full information, to decide
whether the ends of justice require the in-
stitution of proceedings, and whether such
proceedings can probably be sustained that the
fovernment may not be subjected to just reproach
or prosecuting vexatious accusations, or put to
great and improvident costs, incurred in the prose-
cution of proceediugs which can not be sustained.
It is a great wrong both to the government—that is
the public weal—and to the individual accused,
whenever a frivolous or inequitable charge is
lodged in the name of the United States against
any citizen. I feel assured that t:i»* hon« -ruble dis-
trict attorney of this district will not ask you to
consider any alleged violations of the internal
revenue laws, except such as have been duly re-
ported to him in writing by the collector of the in-
ternal revenue, with a statement of all the facts
and the proof by which these facts can be shown,
and which, upon inquiry and examination, he has
decided should be instituted to meet the ends
of public justice, and which he believes he
can probably sustain by the proof. I am
informed that manv complaints in revenue
cases have been made before commissioners of the
circuit court by persons not authorized by the dis-
trict attorney to institute such proceedings, and in
cases never regularly reported to him in writing
for his decision. I advise you to decline to consider
any such complaints as come to you touching vio-
lations of the revenue which are not presented by
the district attorney in the regular order I have
indicated.
In the few months I have been presiding in the
court 1 have observed another practice more or less
indulged which I consider a great abuse. I have
not beeu able to satisfy mvseif as to my power to
reach this abuse either with your aid or on my own
motion. I have observed that warrants have ?>een
issued by commissioners of the circuit court in cer-
tain counties in the more densely populated por-
tions of the district for the arrest of accused per-
sons residing in distant counties on the frontier and
remote from facilities for convenient and rapid
travel, and these accused persons have been re-'
quired to appear before the commissioner
issuing the warrants for examination with
a view to holding them to bail. The
accused parties are thus put to great
and wholly unnecessary inconvenience and ex-
pense. in loss of their time and in actual outlay of
money, where they have any means to provide for
their comfort, or to satisfy the cost or legal pro-
ceedings, and in some cases where the accused par-
ties are unable to pay costs, and in very many
cases where the accusations are frivolous, or are
not sustained, the government is taxed with the
costs, thus shamefully accumulated through this
improvident and reckless, if not corrupt, use of ju-
dicial process by her officers. The excuse I have
heard for this outrageous procedure is, that there is
no commissioner of the circuit court nearer or
more accessible to the place of arrest. By the laws
of the United States any justice of the peace or
magistrate, or any judge of any state court may,
upon like complaint as has to be made before a
commissioner or the circuit court, issue warrants
for tlie arrest, and imprison or hold to bail, agree-
mstice do not require that such pro-
It is necessary that
ably to the usual mode of process, any offender
against the laws of the United States. In
every organized county, therefore, in this district,
there are state officers whose duty requires them to
issue such warrants upon proper complaint, and to
hear, and to determine, on hearing the case, whether
the party should be either committed or held to
bail. And I have not seen any evidence of an in-
disposition on the part of any of these state officers
anywhere in this district promptly to discharge
these duties—to cause the arrest of offenders com-
plained against, and fairly to hear and dispose of
the cases. And the suspicion is, I think, very gen-
erally indulged, and I know is often expressed,
and I have felt it very difficult to resist the
conclusion that warrants are thus procured at a
distance from the residence of the accused, and the
arrested persons held under said warrants, trans-
ported to a distant point for examination, either for
the purpose of swelling the costs chargeable in the
cases,or for the
the accused, or 1 _ _
unholy designs, either of which must be viewed
with abhorrence by any just government and de-
nounced by all honest men. How far I can reach
this abuse by such action as I may be authorized to
take in passing upon bills of cost presented in the
district and circuit courts for approval 1 am not
now prepared to say. Nor do I know whether any
case that has occurred will present such features
as will bring it within the letter of the provisions of
any statute so as to warrant you in making a pre-
sentment in the form of an indictment. But in this
country the power of public opinion is so strong
that to fully and clearly expose the facts witn
reference to any abuse goes a great way towards
removing it, and 1 respectfully suggest this matter
as a subject for your investigation and particular
report thereon.
Early in October last, the honorable attorney
general of this state addressed me a communica-
tion. bringing to my attention information he had
received from Wheeler county to the effect that
one of the deputy United States marshals of this
district was in Wheeler county with what are
called blank warrants, such as do not, with reason-
able certainty, by name, or otherwise, indicate the
person whose arrest is commanded. This repre-
hensible practice of issuing blame warrants, which
once prevailed in England, was never adopted
here, and can not be tolerated in any free state.
A few days before the commencement of this
term of the court, the honorable judge of the state
judicial district including the county of Wheeler,
informed me that he had information to the effect
that such a number of the county officers of the
county of Wheeler had been arrested by the mar-
shal of this district and his deputies, and were be-
ing brought in custody to Dallas, that he would not
probably, be able to hold his next ensuing term of
court of Wheeler county. i
I am informed by the public newspaper press
that the county officials of Wheeler county were
arrested on the charge of impeding or resisting a
United States officer in the execution of lawful
process and that the process, the execution of
which these parties endeavored to prevent, was of
that character which 1 have said our laws do not
authorize and our citizens should not tolerate. The
United States does not and can not clothe her
officers with any personal prerogative to arrest her
citizens without warrant. All citizens may arrest
offenders at the time of the commission of such
offense, for any offense committed in their
view. A United States marshal or deputy
marshal has no greater power when he holds
no warrant for the arrest of the person, and if
no offense is being committed, or within his view
has been committed by the party whom he at-
tempts to arrest, he can be resisted just as any
other citizen making such attempt could be resist-
ed. And whenever the marshal or any of his depu-
ties, or any other United States or state officer or
any other person, whether claiming to be an officer
or not, attempts to arrest any citizen by the au-
thority of a blank warrant, such attempt should be
resisted by the persons threatened with such ar-
rest, and by all other patriotic citizens having op-
portunitv and abdity to aid in such resistance.
I trust you will examine diligently into this mat-
ter and into a>U matters involving any offenses
against the laws of the United State* in this district.
Whoever in Wheeler county or elsewhere in this
district is shown to have done any forbidden act,
or omitted to perform any required duty, the do-
ing or omitting of which renders him or her liable
to indictment, should be presented, notwithstand
ing any irregularities or offenses which may have
been committed by others. We are set for the ad-
ministering of justice. No guilty person should be
Permitted to escape. No innocent person should
»e charged. Everyone must be presumed and
held to be innocent, uotil his or her guilt is shown
by sufficient evidence. A. P. McCORMICK.
U. S. District Judge.
MB. IIOMAN'S STATEMENT.
Why the Houston Cases Have Not
Been Prosecuted.
LTo the News.1
Caldwell, Texas, Dec. 4.—In your paper
of the oUth ult., I notice a communication from
J. R. Burns, assistant United States attorney,
in which that gentleman states that he has
seen a copy of a letter from the attorney gen-
eral of the United States to me, advising that
the parties who obstructed the mails at and
near Houston last August, should not be prose-
cuted, 44 as the affair had grown out of a ques-
tion of quarantine rather than one of an Inten-
tion to hinder or obstruct the mails."
Mr. Burns is mistaken. I have the attorney
general's letter now before me. and he has not
in that or any other communication to me,
undertaken to decide as to what was the in-
tention of the parties. He does not say that
the affair grew out of a question of quarantine,
nor does he mention the question of quarantine
at all. I reported tbe acts of the parties to the
attorney general, of course without entering
into minute details, and his reply left the mat-
ter in the discretion of the district
attorney, as to whether they should be prose-
cuted or not, with the suggestion merely,
that a criminal prosecution was " hardly de-
sirable, " unless something like a wilful dispo-
sition was exhibited. Regarding the conduct
of the parties as a wilful aud bold defiance of
the state and general governments, without
even the pretext of excuse or iustiflcation, I
should most assuredly (under fthe letter from
attorney general Devens, submitting the mat-
ter to mv discretion,) have instituted prosecu-
tions against them, except Mr. Scorraga, who
stopped the train at Clear Creek, and did not
manifest a lawless spirit, but acted evidently
from a conscientious though mistaken convic-
tion of duty. Ido not know what evidence the
grand jury had before them. I have not been
called upon to testify in the matter at alL
For the information of your home readers I
submit herewith a letter from one Adolphus
Carper to the attorney general, with the note
of the latter to me. These documents may in-
terest my friend Labatt and his aids. It was
my misfortune to leave Galveston without
having made the acquaintance of Mr. Carper,
and yet I suppose he must be a very prominent
man. He can not be a disappointed office-
seeker, his style is so disinterested.
Hero are Carper's sentiments:
Galveston, Sept. 3.—The honorable the
Attorney General" of the United States, at
Washington, D. C.—Honorable and Dear Sir:
I beg to submit to your judgment, as well as
to that of his excellency the president, the un-
becoming, undignified and trifling action of
the attorney, marshal, and his aids, of the
United States.for this eastern district of Texas,
located in Galveston, by allowing themselves
to become tools in the hands of a »*ival board of
health of Galveston, differing with the Houston
board, (a city sixty miles distant, located in
Harris county, in this state,) as to the proprie-
ty of a local quarantine the last named de-
clared against this city, by allowing them-
selves, under pretext of preventing the ob-
structing of the passage of the United States
mail, to be drawn into a boyish, trifling, pre-
concerted and prearranged secret railroaid ex-
pedition, designed to play a march upon the
Houston quarantine officiate, at an unne-
cessary and uncalled for expense to the
general government, with a United
States commissioner, one Labatt, in
the secret, taken with them for the purpose on
the train, and under the authority of ths
United States, (thus involving the same with
municipal ana state authority) to break a Hous-
ton local Quarantine, at 4 p. it. on the 30th ul-
timo, whicn did expire by its .own limitation
at 9 p. m. of the same day. In my humble
opinion, the United States olficiais named
have not only so lowered the dignity
of their office, but even unnecessarily
raised legal complications that will
consume time and money to adjudicate,
as to deserve, if nothing else, at least se-
vere reprimands from the United States gen-
eral government in your city. Most respect-
fully submitted, for most careful investigation
and decision, by your most humble and obe-
dient servant, Adolphus Carper,
A citizen of Galveston since 1855.
Department op Justice, Washington.
September 23.—W. K. Homan, Esq., United
States Attorney, Galveston, Texas—Sir: The
inclosed copy of a note from Adolphus Carper,
I desire to bring to your attention. It relates
to the conduct of the United States officers in
the matter of the quarantine at Galveston, in
respect to which I yesterday addressed you in
reply to your own communication. In send-
ing this to you 1 do not wish to be considered
as acknowledging that the complaint is just.
Very respectfully, Chas. Devens,
Attornev General.
The foregoing documents, as well as the let-
ter of the attorney general, referred to by Mr.
Burns, came to hand after I had tendered my
resignation of the office of United States dis-
trict attorney. W. K. Homan.
A recent number of the Charleston ^ews
and Courier says: " It is just as well to recog-
nize the fact that there are some people in this
state—and who are neither knaves nor fools—
whose thoughts are seriously turning to Grant
as the man for 18S0. And if it were once settled
that the republicans are going to win and com-
pel everybody to write nation with a big N,
the number of these Grant folks down here
would be strangely multiplied."
Revenue officers in New Orleans seized
within the last ten days, nearly a million
pounds of leaf tobacco, in the different ware-
houses, claiming that the system of compress-
ing the leaves by hydraulic pressure rendered
them liable to sixteen cents a pound tax, as
manufactured tobacco.
New mining Discovery.
Denver. Col., Dec. 10.—A dispatch from
Fair Flay reports discovery of uranium in the
Sacramento mining district. This mineral is
found in Bohemia, but never before in this
country as far as known. The ore runs 60 per
cent., and uranium is worth $1000 per ton.
Tbe Hub's Council.
Boston, December 10.—The board of alder-
men of this city will probably stand, nine de-
mocrats and five republicans, while the repub-
licans have ten majoritv in the common coun-
cil.
the genuine
Dr. C. McLANE'S
LIVER PILLS
are not recommended as a remedy M for all the
ills that flesh is heir to." but in affections of
the Liver, and in all Bilious Complaints. Dys-
pepsia, and Sick Headache, or diseases of that
character, they stand without a rival.
AGUE AND FEVER.
No better cathartic can be used preparatory
to, or after, taking quinine.
As a simple purgative they are unequaled.
BEWARE OF IMITATIONS.
The eenuine are never sugar-coated.
Each box has a red wax seal on the lid with
th*1 impression, "Dr. McLANE'S LIVES
PILLS.1'
Each wrapper bears the signatures of C.
McLane and Fle*ing Bsoe.
Insist upon having the genuine Da C.
McLANFS LIVER PILLS, prepared by
FLEMING bkos.,
Pittsburgh, Pa,
the xasrket being full of imitations of th«
nasae Me Lane, spelled differently but i
pronunciation.
The supreme court of Missouri recently de-
cided that the police had no authority to raid
gambling houses or make arrests without wars
rant, unless actual transgressions of the law
occurred in their presence. The suggestion is
made in St. Louis, and has equal applicability
to other places, that the way to suppress gam-
bling is to arrest the professional robbers and
steerers and other hangers-on about gambling
saloons and arraign them as vagrants.
DIED.
CROSS—On Wednesday. December 10, at 5.10 p. M.,
ELEANOR,
wife of Thos. L. Cross, aged 39 years.
The funeral will take place from St. Patrick's
church at 3 o'clock this (Thursday) afternoon.
SPECIAL NOTICES.
BELTON, TEXAS. December 3, 1879,
Editor Galveston News
Seeing an artiele in your issue of November 30,
1879, stating that Mr G. O. APPLEBY3 was in your
city, with indorsements, etc., for the purpose of
getting subscriptions to build a tele-
graph line, we desire tc say that on October 13,
the BELTON TELEGRAPH COMPANY declined
to lease him said line any longer We being among
tqe stockholders of said Company, were asked by
him to sign a letter prepared by himself, he stating
at the time that without some such recommenda-
tion he would be injured by the company refusing
to lease him the line. We signed said letter to save
him from such anticipated injury
For reasons best known to ourselves,
we desire Co withdraw said recom-
mendation.
J. W. EMBREE,
President Belton Telegraph Company.
J. a POWERS. X. B. SAUNDERS.
J. Z. MILLER.
m
AUCTION SALES.
Auction Sale.
WR will SELL THIS D.W, AT 10
o'clock, at our salesrooms. Strand—
25 BOXES BRIGHT 4 OZ. TWIST TOBACCO;
GROCERIES AND SUNDRY MERCHANDISE;
Invoice 150 boxes ARTIFICIAL FLOWERS :
2 Second-Hand CARPETS; 1 fine MUSICAL BOX
PARK, LYNCH ft CO..
Auctioneers.
PROGRAMME
Of e*tertainmcnt to be €>ircii by
Trinity Sunday School, at the
OPERA HOUSE,
Friday Evening, December 12, 1S79.
Court of Queen Mab Tableau.
Piano Solo, "Polonaise in A," Prof. W. H.
Pilcher Chopin.
Nobodv's Child Song and Tableau.
Piano Solo, "Faust." Miss Pendleton Gounod.
i part rirst'the Maker (
L,ress | Part Second, the Wearer f TableaU-
Song, "O For An Eagle's Pinions!" Mrs. Caruthers.
All-Hallow-E'en Tableau.
Song t —Mrs. B. Adoue.
Kansas Exoduster Sung in Character.
Piano Solo, "Battle Cry," Prof. Burke.Gottsclialk.
Hark! Hark! Dogs Do Bark! Tableau.
Old King Cole . Tableau.
Piano Solo. 44 Rhapsodie Ilongrois," Prof.
Pilcher Liszt.
Song, "Nancy Lee," Miss Schneider.
Swiss Fair with Songs. Dances, etc.
Kinder Sinfonie Josef Haydn.
Knarre Nachtigal, Trommel, Wachtel, Kuckuk,
Cimbel. Tromj>ete. Muirleton. accompanied by the
Piano, Violin. Flute and Violincello.
Piano used kmdly tendered by Goggan &. Bro.
JAS. H. HALL & CO.
The Best & Cheapest Plows
Made in America.
ESPECIALLY ADAPTED TO TEXAS SOU.
Champion and Clipper, for black land;
Lone Star, for light and mixed; and
Cast Plows, for sandy soil.
Every Plow Guaranteed.
Send for circulars.
I. C. STAFFORD.
State Agent, Houston, Texas.
Factory—Maysville, Ky.
2,000 SACKS COFFEE;
300 IIKIDS. SUGAR;
500 BBLS. MOLASSESf
200 ROXES SELEC1EO CHEESE;
3,000 CASES CAN GOODS;
1,000 PKGS, TOBACCO;
300,009 CIGARS;
500 ROXES CANDLES;
1,000 ROXES STARCH;
1,000 ROXES SOAP;
1,000 BRLS. FLOUR;
1,000 PACKAGES LIQUORS.
CANDIES, NUTS & FRUITS,
AND ALL KINDS OF
I
MOODF & JEMISON,
Strand, Galveston.
FREIBERG, KLEIN & CO.,
WHOLESALE
III AND CIGAR DEALERS,
118 and 120 STRAND,
GALVESTON.
Maple wood rreeding and
TRAINING FARM, Jifpxrson, O.. December
17, 1877.—Dr. William Giles, 120 West Broadway,
N. Y.—Dear Sir : Please send me two quart bottles
of your Liniment Iodide Ammonia (for horses).
During the past two years I have used it in my
stable to the exclusion of all other liniments. It is
the best thing I have ever seen for either men or
beast. I could not do without it. Inclosed, find
draft for $5. Veiy truly yours,
h. p. wade;
Giles's Pills cure Biliousness.
32d and Market Sts.
All orders or complaints,
to receive prompt attention, should be left at
the Secretary's office, in the
osterman building,
Corner or Strand and 23d Streets,
Between the hours of 8 and 12 o'clock a. m.
NOTICE
IS HERERY GIVEN TO THE FOR-
EIGN shipping trade and the commerce in gen-
eral that the undersigned have been appointed
agents at Galveston of the
Comlte des Assnrears .71 aritimes dn
Havre (France.)
ED. LARUE & CO..
Corner Mechanic and Center Streets.
D
r. m. perl,
GENERAL PRACTITIONER,
can be consulted at the TEXAS HYGIENIC INSTI-
TUTE, corner Travis street and Texas avenue,
HOl'STON, TEXAS.
Special attention eiven to Chrsnie
Diseanes.
TURCO-RUSSIAN BATHS open at all hours
Single Bath. $1 50; Twelve Baths. $72.
GALVESTON.
A. J. Perkins & Co.,
MiMrrinxRiRs of axn dealers in
ROUGH AND DRESSED
, lliUUUIl 1U1U UUillULll
SPECIAL nirWFNSIONS SAWED TO
order. Cargoes furnished from mill. Office and
retail yard, cor. Strand and 27th St., Galveston. Tex.
Cement.
TO ARRIVE—EX-RRIG DAPHNE:
SAMOS AND YELLOW PINE.
550U BARRELS ROSED ALE CEMENT.
1000 BARREI-S PORTLAND CEMENT
also, direct pko.ti rondoc7t:
WOO BARREL* CEMENT.
in store:
ROSENDALE AND PORTLAND CEMENT, CAL-
CINED, DENTAL AND LAND PLASTER, FIRE
BRICK AND CLAY, LATHS. MARBLE DUST,
DRAIN PIPE AND CHIMNEYS, AND 50 TONS
ASPHALT. For sale low by
GEO. H. HENCH.TIAN, 24th and Mechanic.
new orleans?
MARGARET HAUGHERY. BERNARD KLOTZ.
MARGARET HAUGHERY & CO.
MARGARET'S
Steam and Mechanical
BAKERY,
Nos. 74, 76 and 78 New Levee St.
NEW ORLEANS.
austin.
called in pension bonds.
^OS. 1 TO 546 INCLUSIVE, A\I) 9768
to 10,379 inclusive, interest ceases NOVEMBER
30, 1879. FIRST NATIONAL BANK. AUSTIN.
TEXAS, will collect Bonds and remit proceeds at
Current Rate of Exchange
J. T. BRACKENRIDGE. President.
E m. PEASE Vice President.
R. J. BRACKENRIDGE. Cashier.
—FOR SALE BV—
EVERYBODY 1\ THE TRADE
Wholesale Customers Here:
LeGIERSE & Co.,
HEIDEXHEIMER RROS.,
MOODY 6c JEMISON,
AND OTHERS.
OLIYER & ROBINSON, Richmond, Ya.
SOLE MANUFACTURERS.
LIME — LIME — LIME.
P. C. TAYLOR, Austin, Texas,
Manufacturer of best austin lime,
dealer in Cement, Plaster and other Builders'
material. All shipments guaranteed. Prices low
as any. Quality equal to any in the world. Orders
promptly filled. Responsible agents wanted at
every Texas town.
Trustee's Sale.
BY VIRTUE of that Deed of Trust made to
R. a. Brown, as Trustee, by Hans Jargen
Lausen. recorded in Galveston County, book 12.
pages 560 and 561. given to secure the payment of
the said Lausen's promissory note, dated June 15»
1874, due 24 months after date, with interest from
date at the rate of 10 per cent, per annum, payable
to the order of Eliza H. Wakemao, and for One
Thousand Dollars, part of the purchase money of
the property hereinafter described: said note be-
ing unpaid (except the interest to June 15. 1R76. and
a credit May 3. 18T9, of $5."j 00k and tbe said R. a.
Brown having declined to act, and the undersigned
having been duly appointed substitute Trustee in
ronformity with said Deed of Trust, at the request
of the owner and holder of said note, on Wednesday,
the 24th day of December, 1879, between the hours
of 12 o'clock m. and 2 o'clock p. m.. I will sell at
Eublic auction, in front of the door of the court-
ouse of Galveston county. Texas, the north half
of the northeast quarter of Outlot No. 43, In,the
city of Galveston, to the highest bidder for c^sh,
and will make to the purchaser such title as 1 am
authorized to make by said Deed of Trust. ^
J. H. RUHL, Substitute Trustee.\
Trustee's Sale. \
TfTHEREAS, ON 4TH AUGUST, 1876,
1 ▼ C. M. Gayle made, executed and delivered to
Louis Wilbur his certain promissory note for one
thousand dollars, due on the 5th May. 1877, with 12
per cent, interest from Mav 5th. 1*76. and whereas,
said note remains due and unpaid, except the In-
terest thereon, which has been paid up to May 4tb,
1879; and whereas, said C- M Gayle did on the same
day of the execution of said note, make, executo
and deliver to j. F. Roeck. trustee, a deed of trust
upon the east half of lot 4 and lots 5. 6 and 7 m tbe
northeast quarter of outlot number 158 of the city
of Galveston, according to the maps and plans of
said city, and the improvements upon said lots, to
secure tne prompt payment of said note; now,
therefore, at the request of the holder of said note,
and to satisfy the same, and by virtue of the power
vested in me as said trustee, I will sell said prop-
erty on
The 26th of Decxmbkr, 1879,
corner of Tremont and Strand streets, in the city of
Galveston, between the legral hours of sale, to the
highest and best bidder, for cash, and will make to
the purchaser such title as 1 am by said trust deed
authorized to make.
j. F. ROECK, Trustee.
Galveston. December 1st. 1879.
piNE STALLIONS FOR SALE—
44 IffOOR," brown, four years old; got by ** Mo»-
lem," thoroughbred; first dam " Ha?ar," by im-
ported " Hamdan " (Richards's Arabian).
44TURK," dark grey, four years old: got by
"Son of Voorheee's Abdallah " (trotter;; first
dam " Algeria," by " Adb-El-Kadir " (Feris's
Arabian: second dam " Hagar," by " Hamdan "
(Richards's Arabian).
SHEPHERD," grey. 5 y'rs old; got by "Son
of Voorhees's Abdallah," dam " Mittagorda," by
" Abd El-Kadir" (Feris's Arabian), etc.
The blood of the desert-courser is here combined
with the hard-bottomed four-milers Lexington,
Wagner, Eclipse, Medoc, Woodpecker, Leviathan,
Sarpedon (two crosses). Cook's Whip, Cherokee,
Bell Air. etc. Price of each, $.'>00 cash, or Galveston
or Houston acceptance at twelve months with in-
terest. See " Bruce's Stud Book ** for pedigree.
GEO. A FER1S, Richmond, Texas.
address
COFFEE,
TO ARRIVE,
Per A.tIOB,
AND
Per DIANA.
in. KOPPERL.
DISCHARGING
Ex RESSEL,
if I
Afloat per GRAF WERDEB,
KACFFHAN * BENGE.
TO THE WHOLESALE GROCERY TRADE.
KIRKLAND BROS.
103 Front St., New Tort,
Established 1867,
Solicit your trade. Will send samples or buy on
orders, without commission.
Refer to ail New York Coffee Jobbers.
MACHINEBY—STOVES.
GALVESTON.
JOSHTTA KTLLCK.
C. B. LEE & CO.,
IRON AND BRASS FOUNDERS
MACHINISTS
MANUFACTURERS OF
STEAM ENGINES,
SAW MILLS,
BOILERS,
MILL AND GIN GEARING,
Shafting:, Pulleys, Rrass and Iron
Pumps, Etc*
Particular attention given to orders for Irov
Fronts and Castings for Buildings.
All kinds of J«b Work solicited. Satis*
faction Guaranteed.
CORNER WINNIE AND THIRTY-SECOND STS*
(Near Railroad Depot).
Galveston, Texas.
ATTORNEYS,
GALVESTOS.
Walter Grcsham,
ATTORNEY & COUNSELOR AT U*.
No. 122 Postoffice Street,
GALVESTON. TEXAS.
HOI STON.
E. P. Turner,
ATTORNEY
And Counselor at Law,
Jlo. 62 Main Street, HOUSTON, TEXAS,
Practices iu State Courts at Houston. Supreme
Appellate and Federal Court* it Gll'Mtoa .
COKPCS CHBISTKi TUX AS.
Cr« K. Scott,
Attorney at Liv and Land A sent,
CORPUS CRRISTI. Nueces county, Tex.
Prompt attention to all busuiegs intrunad to hna.
i
Ballinger, Jack& Mott,
Attorneys and Counselors it Law,
N«. 122 Protoffire Street.
GALVESTON, TEXAS.
BKTAM.
Brietz & Clark,
LAWYERS AND LAND AGENTS
~*RYAN. TEXAS.
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The Galveston Daily News. (Galveston, Tex.), Vol. 38, No. 226, Ed. 1 Thursday, December 11, 1879, newspaper, December 11, 1879; (https://texashistory.unt.edu/ark:/67531/metapth462369/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Library Consortium.