The Galveston Daily News. (Galveston, Tex.), Vol. 38, No. 6, Ed. 1 Sunday, March 30, 1879 Page: 4 of 4
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Klopman & Felliaa
AN1> nil VOIR
DRY 600BS.
Their Assortment is
The Best in the State 1
AND
Their Prices as Low
For the same class of Goods, as
Anywhere in the South.
As they have all their Stock now open
they will offer
Special Inducements!
In the various departments.
SPECIAL ATTENTION
CALLED TO THE
fcUCH AS
Underwear
Of all Kinds, to Fit all Ages and Sizes.
SUITS m LADIES 4KB CHILDREN
In Endless Variety.
Hew Bannsts and f Sewers
GIVE US A CALL.
AND JUDGE FOR YOURSELF OF THE
Finest Selection of Goods in the Oily
And at the Right Prices.
Mil i FElLMill,
155 to 157 Treniont.
dalbestou
Sunday, March 80, 1879.
Indications.
r Washington. March 30.—For west gulf states
warmer, clear or partly cloudy weather and
variable wimls.
3.24 p. m. March 30.1
^Observations taken at
Locality. Bar.lTherj
r:aiu Weath
Wind.
00 Clear
DO Clear |
00 Clear
.001'air
00 Clear
00 Clear
.00 Cleat
00 Clear
Galveston 30.05|
Corsicana |30.03,
Indianola .... 30.08
JSan Antonio. .20.94-
Denison 80.00
Griffin 29.99
Mason.. 30.15
Sill S7
Chai e in bar neter in last eight hours—
O&lves 'n. .14 fall. Corsicana, .17 fall: Indian-
ola. .1 'all.
Chant'.' of the - >meter in last twenty-four
hours—v^aivest 2 rise; Corsicana, 3 fall;
Indianola, , San Antonio. 3 rise: Denison,
5rise; Griffin, IS rise: Mason, 10 rise.
THE CITY.
IHarrtase Licenses.
Before county clerk McMalian the fol-
lowing couples took out marriage licenses
during the past week: John A. Furtadt
and Philiniena Marie: Nathan Redlichand
Rosa O. Maas; Si^fried Sckwarz and
Sarah Doucie.
Weekly Mortuary Report.
The following is the mortuary report
for the week ending March 2*.), 187'.): March
21, John Jackson, 4 weeks, colored^ maras-
mus; March 22, Chana Young. To years
female, colored, old age: March 23, Mary
Tyding, 1 month, convulsion* March 24,
Harriett Fleming, years, colored, par-
alysis; Elizabeth Trast, 2 years, narcotism:
Peter Peters, 50 years, inflammation of
liver: March 25, Fannie Mar*. 9 years, in-
flammation of bowels: March 26, Nick
Ross, 50 years, congestion of brain: Marie
Louise Dari, 1 month, cholera infantum:
March 27, Fannie Street, 13 months, men-
ingitis; Delia James, 4 days, hemorrhage.
Clark Campbell, M. D., H. P.
Real Ewtate Transfers.
The following transfers of real estate
were duly filed in the office of C. T. Mc-
Mafian, county clerk, during the past
week;
Thomas M. Joseph, trustee, to Mrs. Isa-
bella Hagadon, east half lot IS, in block
81, and improvements, for *300.
G. A. Meyer to J. M. burroughs, lot 3 in
^Wock 609 for $900, part cash, balance in
"notes.
C. Jordan, sheriff, to Christopher H.
Pix, buildings aud improvements on lots 8
and 9 In block 679, for #200.
W. L. Moody to J. E. Wallis and H. H.
Sears,trustees, the property known as the
Firss Presbyterian church for certain sums
contributed to pay for said purposes and
to pay off all lions against sakl church, etc.
2x. B. Yard, by trustee, to C. B. Adams,
Ihe undivided half of those certain tracts
t>F lots m Galveston city known and dedig-
nat&d on the map ot said city as lots 6, 7, 8,
9 and K), m block 372, for $3009.
Gilbert F. Dujoy and Fannje A. Dujoy
to H. Viola, tract of land on Bolivar point,
for $400.
F. it. Dean, tajc collector, to D. E. Con-
nor, lot 177, in section 1. being W acres of
lami on Galveston island, for 513 98.
E. H. CarviU to Josephine L. Garcia,
lot 461 anil j»rt of 462, in section No. 1, on
G^dveston island, for $10 and other valua-
ble cxmsiderations.
John T. Harcourt and wife to Elizabeth
L, Stevens, part of northwest quarter of
autlot No. 13, for $r>000.
Laura G. Wooldridge to Chas. H. Dor-
BQy, lov 1 and 2, with improvements, in
block 21, for *So00.
Solom*ii Levy and wife to Laura G.
TVooldridge, lots 1 and 2, with improve-
ments, in block 21, for $2000 cash and
nofiet for $1*50.
Acts of the Court of Appeals.
"Wo have been furnished by Mr. Charles
fi. Morse, clerk of the court of appeals, the
following official summary of the business
transacted by that court during the three
months session which closed yesterday:
civil cases.
Affirmed 40
Reversed and remanded 19
kppeate dismissed 7
Reversed aha reformed 2
Reversed and dismissed * 1
Dangerous Delirium.
Yesterday morning, shortly after 9
o'clock, word was brought to the station-
house that a man near Beans wharf was
raising Hail Columbia with the denizens of
that locality, and had already succeeded
in perpetrating some horrors which had
set the whole neighborhood in a state of
most terrible dread. The report recited
among other incidents tin t the infuriated
man had almost brained a German shoe-
maker in the neighborhood with an ax.
Chief of police Jordan immediately sent
detective Williamson and police officer
Byrnes to the scene. They repaired as di-
rected ani found John McAuley in his
house, standing at the front door with a
couple of large six-shooters in his
hands. McAuley had already tired several
shots, and showed no intention of laying
down his arms before the minions of the
law. On the contrary, ho followed them
with vituperation, and they were forced
to retire from the immediate vicinity of
the house.
Meantime officer Gunderman was dis-
patched with the shoemaker who had re-
ceived injuries from McAuley, ta get out
warrant for his arrest. These further
facts were reported to the chief of police
in the presence of a reporter, at about 11
a. m. Chief Jordan called upon officer
Waters, of the night force, to go
down and assist in the arrest, giving in-
stitutions that, as the man was evidently
out of his mind every ruse should be at-
tempted to secure his arrest and desperate
measures should not be undertaken unless
under the most extreme circumstances.
The officers on arriving found matters
pretty much as they had left them. Mc-
Auley was still openly defying arrest and
had just sufficient method "in his madness
not to fall into any traps laid for him. A
large crowd of excited people had assem-
bled at a respectful distance and looked at
the interesting drama in which McAuley
was playing the leading role.
Chief of police Jordan, on his way to
dinner, thought he would drive around in
that direction to see what progress had
been made. On approaching the house he
saw McAuley s wife standing in the door-
way, and so he drove up to the front of
the house, and stepping from his buggy,
asked Mrs. McAuley what was the mat-
ter? The question had hardly been utter-
ed when McAuley emerged from the
house and, with one of his six-shooters,
covered the chief. The surprise was
complete, and as it was impossidle to draw
his weapon under the circumstances,
cliff Jordan assayed a parley with the
m iaian. He told him that his mission
was not to arrest but to inquire what had
happened, and asked him if anyone had
been disturbing him. McAuley would not
be won over by soft speech, he wanted to
see the warrant, and cursed the official by
every term in the lexicon of vituperation.
While this was going on chief Jordan
managed to get out his revolver, and, or-
dering the colored boy to drive his buggy
down the street, he withdrew to the oppo-
site side. Shortly after arriving there
he took up a position behind a
telegraph post and ordered officer Waters
behind another post somewhat nearer the
house. Very soon McAuley retired to the
house, and reappearing took deliberate
aim at the chief and fired. Ho then went
to the back of the house to get a shot at
officer Waters, but this officer had luckily
quit his station, and by so doing probably
saved his life. In the meantime officers
Meaiv and tthean, hearing of the excite-
ment, had come upon the scene.
McAulev's wife was seen to take
from nim his revolver, and Mc-
Auley retired again to the house. Al-
most immediately he reappeared with his
shirt hanging over his pants and a soda-
water bottle in his hand. He hailed a pass-
ing oart, and was in the act of nearing it
in the street when officer Mealy began to
approach him thinking him unharmed,
and esteeming it a good opportunity to
take the initiative. When Mealy got to
within ten or twelve feet of McAuley, the
latter turned quickly with a large six-
shooter drawn, and fired at the officer.
Meaiv rushed fearlessly forward, and be-
fore McAuley could tire the second shot,
seized the weapon and a desperate strug-
gle ensued. The other officers closed in
rapidly, and in a few moments McAuley
was disarmed and captured. He was then
put upon a dray and resisted the whole
way to the jail. McAuley is said to have
killed a pro nising young man in Mobile
by the name of Frank Menzie, about ten
years ago, and is esteemed a very danger
ous man at all times.
The chief of police, the other officers
and the numerous spectators speak glow
inglv of the bravery displayed by officer
Mealy, and compliment him in extreme
terms upon his cool and resolute action in
drawing the fire and rushing into danger
in the discharge of duty.
Matters and Tilings.
The cadet nine of the G. M. I., and the
Olympic base ball club, played a match
game of ball Friday evening, which re-
sulted in a victory for the former, by a
score of 14 to 6.
The monthly union Sabbath school con-
cert will take place at St. James church,
to-day, at 4 o clock P. M. The public are
invited.
The Finafore rehearsal was numerously
attended last night.
A tug, yclept the Albert, arrived from
Sabine Pass yesterday to tow two barges
to that quarter, for the purpose of trans-
ferring railroad iron, to be used in laying
the track from New Orleans to Houston.
As an evidence of the closing of the cot-
ton season, there are now at the wharf but
ten vessels, and these will be reduced to
four by tho middle of the week, unless
their places are filled by new arrivals.
The towboat Ellie Iviiight is now put-
ting in her masts, preparatory to her trip
north, as she is found to be too bulky for
this port.
Schooner men from Orange report the
forming near Orange of a tremendous
camp of railroad hands who are to work
in the construction of the proposed road
to New Orleans.
The committee, composed of J. Hickey,
John A. McCormick and W. L. Wilson,
who were appointed bv the Sons of Texas
to select a suitable badge to be worn upon
the occasion of the parade on San Jacinto
day, returned a report last evening, re-
commending that a whice star be worn up-
on that occasion.
The penny reading for the benefit of the
memorial fund of the presbvterian church,
which was postponed last week, will be
held at Dr. Trueheart's on Monday even-
ing at 7.30 o'clock. All members of the
congregation aud their friends are invited
to participate.
There is nothing now reported of freight
discriminations.
A runaway occurred Friday night of a
horse and wagon belonging to C. W.
Adams. The team was stopped corner of
Market and Twenty-i urth streets, with
trifling tlainage.
A number of delinquent occupation tax-
payers were arrested by officer Niemann
yesterday morning.
The latest example of far-sightedness is
in the negio who was driving chief Jordan
when McAuiey covered him with his re-
volver yesterday. He stated to confiden
tial friends that he looked down the bar
rel of McAuley s pop and could see the
bullets waiting to come out.
h.a*t Nitfht's Entertainments.
The entertainment and ball given by the
Jessamine club last night was well attend-
ed and made a most happy inauguration
of their new hall on Postortice street. The
first part consisted of a (U'amatic and mu-
sical treat, in which Messrs. Wm. Burke,
F. Madden, Willie Moore, Hamilton, Nel
son and Pyne appeared, much to tlie delec
tation of ali present. After the perform-
ance the orchestra struck up dance music
and the evening passed off in the pleasant
pastime of tripping the light fantastic.
The hop given at Minerva hall by the
Minerva beuevolent association was not so
numerously attended as is usually the case,
which is partly explained by many of the
members being out at base-ball park to
witness the 100 mile race. The evening,
however, was most pleasantly passed, and
all adjourned at a late hour in good spirits.
HOTEL ARRIVALS.
Washington Hotel.—Benj. Gregory,
N. O.; T. M. Anderson, Palestine, Texas;
J. M. Miller, Atlanta, Ga.; Afr. Birk, Mo-
bile; Mrs. M. E. Powers, N. O.; Miss M.
L. Ervin, Jackson, La.: A. O. Dewey,
Texas Express company; R. I). Sellors and
wife, Ala.: Will Harns, Jackson county;
Geo. F. Miles. Phila. uJas. T. Alston, Bos-
ton ; A. C. Phelps, Houston; Andrew Dick-
inson, Chas. A. Strowes, Ala.; R. M. lie-
bert, La.; Mr. and Mrs. I . W. Wright,
Wm. T. Hunter, San Antonio; James Cor-
win, Austin; J. C. Baker, Brenham.
T re mo xt House.—Geo W Morris, Pitts-
burg; M W Garnett, Houston: T M Deve-
win, NY; W W Cowen, Hoosac Tunnel
line; W S Davidson, city; Timothy Mo-
roney, N O: Henry Briel. Miss; E C Fin-
ney, Brenham; B W Walker, Texas; E S
Carter, Louisville. Ky; J P Denney, W F
Adams, NY; C C McLain and daughter,
Indiana; S S Moore, Dr F F Maury, J II
Ecelesine, Howell W Bickley. Philadel-
phia: H D Holmes, Crockett; B Winns,
Jewett; HB Colyer, N Y: H Hill, Hous-
ton: T Adams, C R Adams, Philadelphia;
J H Morley and wife, St Louis; W Liv-
ingston, Jr, and family, Mrs C S Barns,
Detroit.
Girardin House.—Capt J E Gibbs,
Harrisburg: Dan Borcliard, Texas; C F
Patton, Houston; W A Knox, Miss Carrie
Knox, Giddings; L E llundle, NO; J
Simons, St Louis.
One Hundred JIllcs Walk.
Yesterday evening quite a large number
of spectators were present at the base ball
park to witness the " hundred mile walk
: n twenty-four hours," between some of
the best amateur pedestrians of the city.
The prize offered is £100. and without ex-
ception the pedestrians all showed up in
tine trim. The following entries were
made:
John Smith, age 32, height 5 feet 8
inches, weight 150 pounds.
D. J. Sadlier, age 36, height 5 feet 6}£
inches, weight 145 pounds.
Wm. Lucas, ago 21, height 5 feet 6
inches, weight 137 pounds.
T. Fox, age 24, height 5 feet 10 inches,
weight 145 pounds.
T. McMullen, age, height and weight not
given.
The track had been previously measured
by surveyor Lynch, ex-city engineer, and
at 6 p. m" sharp the walkists were started,
Messrs. Alex. Easton, Chas. Clifford and
Wm. Houlahan acting as scorers and time
keepers.
The pedestrians all started out in good
style and, now ahd then, two of them
would go at an even pace around the track.
The RoweU jog-trot seemed to be the fa-
vorite gait. This style of travel seemed to
be, in the opinion of the contestants, the
walk which will inevitably carry them to
victory.
At 7 p. m. the score stood: Smith had
made miles and 1 lap; Sadlier, 6j£
miles; McMullen, 4% miles; Fox,
miles.
At 9 p. m. : Smith, 15 9-10 miles; Sad-
lier, 16 1-5 miles; Fox, 17 miles and 3fj lap;
McMullen. 13 4-5 miles.
Sadlier and Fox both rested a while be-
tween 9 and 10 p. m.
At 10 p. m. the score showed: Smith, 20
miles and 2 laps; Lucas, 20 miles and 2
laps; Sadlier, 18 miles; Fox, 21 miles and
3 laps; McMullen, 18 miles and 1 lap.
At 11 p. m., when the reporter left the
score stood: Smith, 24 miles: Lucas, 24
miles; Sadlier, 18 miles and off; Fox, 28
nules; McMullen. 21 miles and 2 laps.
McMullen ana Lucas were resting at
that hour.
The opinion as to the winning man was
various at the closing of this report. The
impression was that the race would lie be-
tween Smith, Lucas and McMullen. Bets
were centering on McMullen, who shows
more svstem in his walking than the oth-
ers, ancl who had at 11 p. m. made a steady
average of 4% miles to the hour. The
race will continue until 6 p. m. to-day.
College of Physicians and Surgeons,
This organization held an adjourned
meeting last evening at the office of Dr. J
C. Harris.
Minutes of previous meeting read and
adopted.
An election of officers being next in or-
der, resulted in the selection of Dr. C. H.
Wilkinson as president, and Dr. J. C. Har-
ris as secretary.
Dr. Wilkinson gave notice that at the
next regular meeting he would read a pa-
per on the " Advantages of Galveston as a
health resort for invalids." and hoped to
hear the matter fully discussed by the
members.
Dr. Dowell entertained the societv at
some length on surgical operations and ap-
pliances, after which the meeting ad-
journed.
Accidental Shooting.
Early yesterday morning chief of police
Jordan, sergeant John Roberts, detective
Williamson and several other officers were
in the station-house, when detective Wil-
liamson, in rising from the chair in which
he was sitting, dropped his revolver. The
weapon was discharged on striking the
floor, and the ball, passing over ohief Jor-
dan, struck sergeant R-oberts in the flesh •
part of the hand, tearing the coat off hi 4
shoulder, striking the wall and glancing
out the window. Happily the wound is
not serious, although painful.
Religious Notices.
Cathedral—Low mass at 6 and 8 a. m.
High mass at 10 a. m.
St. Patrick Church—Low mass at 7
o'clock a. M. High mass and sermon at 10
o'clock a. m.
St. Joseph Church—Low mass at 7
o'clock a. m. High mass and sermon in
German at 10 o'clock a. m.
Grace Church, avenue L and Thirty-
sixth street—Holy communion at 8 a. m.
Morning prayer and sermon at 11 a. m.
Children's service at 3 p. m. Evening
prayer, sermon and confirmation by Bish-
op Gregg at 4.30 p. m.
First Baptist Church—Services at 11 a. m.
and 7.30 p. m. by pastor. Rev. Dr. Howard.
A cordial invitation is extended to all to
attend, especially the poor and the stran-
ger.
First Presbyterian Church—Service to-
day by the Kev. R. F. Bunting, D.D., at
11 a. m. and 7.30 p. m.. to which citizens
and strangers are cordially invited.
Trinity Church-—Morning prayer and
sermon at 11 o'clock. At this service the
Right Rev. Bishop Gregg will administer
the apostolic rite of confirmation. Evening
prayer at 7.30 o'clock.
West Mount Olive Baptist Church, cor-
ner 36th and avenue I—Services conducted
at 3 p. M. and 7.30 p. M., by Rev. D. H.
Shivers.
Union Baptist Church, corner Eleventh
and Strand—Sabbath school at 9 a. m.
Service at 11 by Bro. P. T. Sweetman
at 3 p. m. and 7.30 p. m. regular service
by the pastor. Rev. Joseph Robbins.
St. John's M. E. Church, corner of Bath
avenue and Broadway—Regular services
at 11 a. m. and 7.45 p. M., conducted by
the pastor, Rev. A. E. Goodwyn. Morn-
ing subject: The True Life. Evening
subject: Religion. Sabbath school at
a. m.
Christian Church, corner Avenue H and
Nineteenth street—Preaching at 11 a. m.
by the evangelist, R. M. Gano. The pub
lie is invited.
St. James M. E. Church South—Services
at 11 a. m. and 7.30 p. m., conducted by the
pastor. Rev. G. W. Briggs. Morning sub
ject: The Ideal and the Actual. Evening
subject: Why We Pray.
Second Baptist Church—The Rev. H. M.
Burroughs, of San Marcos, will preach at
Ryland chapel at 11 o'clock a. m. and 7.30
p. m. Subject: There are degrees of hap-
piness in the world of glory and of unhap-
piness in the world of woe; our lives and
actions while in this world will determine
our position in that to come. All are in-
vited to attend.
Gambling and Prostitution.
A reporter called upon judge Cook, of
the criminal court, yesterday, to secure
an interview upon the subject of the grand
jury's report, which declares that the mis-
demeanors of gambling and prostitution
have been and are winked at by the civil
authorities. He answered that he had
nothing further to say than what had
been published some time ago in the News.
Indeed, the present report was but a re-
flex of the interview given at that time.
He knew then, and was only confirmed
in the opinion now, that it was use-
less to expect any change for the
better under the present law. The
reporter then atked judge Oook for a sug-
gestion in regard to a remedy for the evil,
rie promptly stated that the" evil now lay
in a quasi conflict of authority. The
charter placed these places under the su
pervision of the municipal anthorities.
and consequently the county officials took
no special cognizance of such matters un-
less brought before them. He thought
the remedy lay with the legislature, who
could cure or, at any rate, lessen the evil
by repealing this clause in the charter and
placing the whole matter in the hands of
county and state officers, the municipal
police being clothed with the power of
constable*. In case this is done the evil
will rapidly abate and the justices of the
peace will soon grow rich on the perqui-
sites attending the persecution of these
misdemeanors. ^
Personal.
Charles Wessolowsky, state senator of
Georgia, and editor of the Jeicish South
published at Atlanta, did the News the
honor of a visit this morning. He is in
the city partly for business, partly plea-
sure.
M. W. Garnett, of Houston, is registered
at the Tremont.
Departures via the I. and G. N. Short
Line : H. Rashcue, Louisville : J. M.
Kerns. Leadville: D. Kami, New York.
T. W. Peirce, Sr., has taken his de-
parture.
Visited the cotton exchange: M. D.
Eaton and lady, Marshall; Mrs Tom
Montgomery, Fort Worth; jud^e Ector.
Miss M. D. Pittman. Goliad: M.iss Kate
Taylor, Waco; Miss M. W. Hubbard, Hills
Prairie; Liliie Jones. SaJado: L. F. DeLes-
dernier. Ho^ton; W. H. Wood. St. Louis;
S. B. B. Fulley, Houston; CoL O. M.
Wheeler, Cold Springs.
Yellow Fever.
The report of J. P. Hamilton, surgeon
U. S. marine hospital service, announces
the arrival at Port Eads of the bark Sleip-
ner. from Riode Janeiro, and says: " Dur-
ing the 61 days passage all the crew suf-
fered from yellow fever—three died and
one is still sick. The vessel was imme-
diately towed to quarantine station."
Total
'f PELOKT CASEfc.
Affirmed
Reversed and remanded
Appeals dismissed
Total
misdemeanor CASES.
Affirmed
Reversed and remanded
Reversed and dismissed
....69
....82
16
4
52
6
7
7
Total 60
A grand total of 141 cases decided.
dealfi penalties affirmed.
Antonio Garcia, nueces county; Indian
Fockat, Lavaca county; John Fields, liar-
rk county; Richard M. Coward, Harris
county.
SENTENCES TO THE PENITENTIARY AF-
FIRMED.
Aggregate, 488 years confinement.
Habeas corpus cases.
Judgment* refusing bail affirmed 4
JuSxuatite retusing.baii reversed........1
Sail Jacinto Day.
The preparations being made by the
Galveston artillery to properly com-
memorate the anniversary of the battle of
San Jacinto are such that the day may
weli be counted a gala event for citizens of
| Galveston. The picnic is to be given at
Dickenson, and a fare of $1 for the round
I trip has been made the price of passage.
| The programme for the day will be found
in another column, and comprises all man-
ner of attractive sports. The personnel of
the committees gives full guarantee of the
picnic's success.
Li*t of In claimed Package*
Remaining with Texas express com-
pany, Saturday, March 29, lH?f: Mary
Fereman, Geo. Green, T. J. Lewis, C. It.
Mr.r ien, J. H. Miller, L. Moeller, C. W.
Mu • Vreal, Peter Muller, Robert Shaw, F.
S. Warren, Tom Hertz, A. Pimstein, Mrs.
M. D. Beakly. Galveston: Jas. D. Gibson,
Thomaston; J. M. Tompkins, Gallatin;
Otto Forth. Cuero: C. L. Leys, Corpus
Christi; J. H. Hobart, L. L. Higgins, Gal-
veston. ^
For Brazos Santiago.
The steamship Aransas will arrive on
Monday from Morgan City and proceed to
Braeos Santiago.
Custom-house Changes.
By the resignation of W. H. Sells, im-
port clerk at the custom-house, a vacancy
in that department occurred and occasioned
the following changes: Mr. L. W. Steven-
son, present chief clerk, takes the position
of Mr. ?>elis, and Mr. F. K. Sturgis is put
in the place of Mr. Stevenson. The changes
will occur on the 1st prox.
Nuptials.
Yesterday, at the residence of Mrs. S.
Baggett, the ceremony of marriage was
performed, uniting in wedlock the hands
of Mr. Chas. S. Haggart and Miss Lillie B.
Smith. The happy couple left on the 2.30
p. m train for Brenham. their future home.
T. W. Peirce, Sr.. and the Iflerchants
The result of the meeting between T. W.
Peirce, Sr., and the merchants of Galves-
ton is not given by the participants, but it
is said that the interview was most pleas-
ant and harmonious, and indicative of
good feeling for the future.
The Quarantine station.
Dr. Clark Campbell, secretary of the
board of health, has written to Austin for
particulars relative to the new quarantine
station to be built at this port by the
state. _
Acknowledgment.
The News acknowledges an invitation
to the supper to be given next Thursday
evening for the benefit of the presbyterian
church.
THE COURTS.
B —tender ho circumstances will the
names of persons publicly arraigned before
the recorder 's court, the criminal court, or any
justice's court, whatever may be their standing
in the community, be omitted from these re-
ports. Application to the reporter or at the
office to suppressor falsify names or postpone
puolication of the same will be useless trouble.
So ordfr or proceeding in a civil case will be
oiT)itu«i. This rule i* adopted to make our
record of the courts oroplete and reliable. 1
Court of" Appeal*.
Tho court met Friday evening at 7.30,
full bench present, and filed the following
opinions, showing untiring industry on the
part of the judges:
510: Davis aj Hardin, appellant*, vs.
James WrigJey. a;»T>ellee. Appeal from
Liberty county. Thf following extract
from toe brief of the appellee is adopted as
a substantially correct statement of the
nature of the controvert between tho par-
ties, and the result of the trial in the. court
below, so far as it goes, and necessary to
an understanding of the conclusions we
have arrived at in determining the merits
of the controversy and the result of this
appeal:
On the 24th of -.lay, 1^74. appellee, being
indebted to Gary <& Oliphint, merchants
of Galveston, Texas, executed his certain
promissorv- note in their favor for $525 49,
due one day after date. To secure the
payment of this note, appellee pledged and
deposited as collateral security witn Gary
& Oliphint certain Liberty county
warrants or drafts of the value of $943 66.
The note and drafts were subsequently
placed in the hands of appellants, as
the attorneys for Gary & Oliphint, for
collection. Gary <fc Oliphint went
into bankruptcy. * Appellee's note was de-
livered to their assignee, appellants retain-
ing the county warrants. The note was
sold by the said assignee at the bankrupt
sale of said Gary & Oliphint, and pro-
claimed by him to be secured by said
county warrants. Appellants gave notice
at the sale of their attorney's lien upon the
warrants of $500 due them by Gary & Oli-
phint, and proclaimed their refusal to sur-
render them until their said debt should be
satisfied. Geo. P. Finlay purchased the
note at the assignee's sale and made de-
mand upon appellants for the county war-
rants. They refused to deliver them and
reasserted their lien. Thereupon Finlay
wrote to appellee and proposed to sell_ the
note and warrants to him for $100. Wrig-
ley replied, accepting the proposition, if
Finlay would forward him the county
drafts or warrants. Finlay again applied
to appellants for the drafts. They again
refused to deliver them, and Finlay then,
" in order to avoid litigation," sold the
note and drafts to appellants, at private
sale, for ?105. without notice to appellee.
Appellants, claiming the drafts as their
own. absolutely proceeded to collect them.
No notice is ever given to appellee to
On the 27th of May, 1878, after appel-
lants had collected £144~40 upon said drafts,
appellants brought suit iu trover for said
drafts, and prayed for an injunction
against the county treasurer of Liberty
county, restraining him from paying said
drafts. Injunction was granted as prayed
for. On the day of June thereafter
the cause came up for trial in said court,
when appellants filed their sworn answer,
and set up the said note given by appellee.
The injunction was dissolved, and upon
the hearing—the trial being had before the
court without a jury—it was adjudged
that the plaintiff have and recover of the
defendants the sum of $144 40. less $105,
with interest from June 1st, 1877, together
with the drafts described in the petition;
and in the event they can not be had, that
the plaintiff have judgmentagainst the de-
fendants (appellants) for $948 66, from
which judgment defendants have appealed
to this court.
The transfer o*f a note secured by a lien
on property to secure its payment carries
with the note the lien also.
White, Smith & Baldwin vs. Downs, on
rehearing, 40 Tex., 225. This we believe,
to be the general rule and supported by
authority.
A more material inquiry arises under the
proposition that after the sale of the note
jy operation of the bankruptcy of the
original payees, it is claimed that the pur-
chaser of the note and with it the pledges
to secure its payment, offered to sell the
note to the maker, which offer it is claimed
the purchaser had the right to make, and
the maker to accept. We are of opinion
that the offer of Finlay to transfer the
note to Wrigley was never accepted by
the latter in terms. Counsel for appellee
say in their brief: " They (the appellants)
refused to deliver them (the pledges) and
reasserted their lien. Thereupon Finlay
wrote to appellee and proposed to sell the
note and warrants to him for $100. Wrig-
ley replied accepting the proposition, if
Finlay would forward him the county
drafts or warrants. Finlay again applied
to appellants for the drafts. They again
refused to deliver them, and Finlay, 1 in
order to avoid litigation,' sold the note and
drafts to appellants at private sale, for
$105, without notice to appellee." The
note was executed May 25, 1874. The
county warrants appear to have been in
the hands of Gary & Oliphant "for many
months" prior to the execution of the
note. Agreeably to the testimony of Fin-
lay, he purchased the note of the assignee
bankruptcy of the payees, Gary & Oli-
phint, at public auction, on January 11,
1877. The Liberty county drafts, being
then represented to be" in the hands
of Davis & Hardin, attorneys for the
bankrupts, and were never delivered
by the assignee to Finlav, the pur-
chaser. From the length of time
which elapsed from the execution of the
note until the sale by the assignee of the
payees, and from the nature of the dealing
between the payees and the appellee, it is
fair to presume that the appellant knew
the situation of the securities, and the
rights of the holder to control the securi-
ties for their own protection, and when
the appellee was advised of the sale and
purchase by Finlay, he must have known
Fin lay's rights under the purchase, and it
seems that the offer of Finlay to sell, was
not accepted by the appellee because Fin-
lay was unable to meet a condition placed
upon the acceptance by the appellee, to
wit: that he, the appellee, could be placed
in possession of tho securities, the note l^e-
ing secured by, and carrying with it the
right to the securities, he should have acted
promptly, and within a reasonable time,
having in view the situation of the parties
and the means of communication between
them, and failing to do so uncondition-
ally, he imposed a condition not embraced
within the offer as his price, and ought not
to be heard now to complain. Finlay, as
we understand the testimony, offered to
sell, not to deliver the securities; he being
the owner by virtue of his purchase, was
authorized to sell to the appellants, and
having done so, they, the appellants, were
authorized to retain them at least until the
note they were pledged to secure hail been
paid.
It is not shown that, even at the trial be-
low, the appellee tendered or offered to
pay the balance due on the note; had this
been done his rights would have been dif-
ferent. This equity required him to do
in order to release the security. He should
have offered to do equity when seeking to
coerce equity as against his adversary.
It is urged that limitation bars a right to
a recovery on the note, and that therefore
the securities can not longer be held as a
pledge. The authorities are against this
position. In an action for the conversion
of stocks pledged to secure a loan,admitted
not to have been paid, it was said:
44 Statutes of limitation affect only the re-
medy not the right, and except as defences
to actions against the person, only create
a presumption of payment of the monev
demand, and may be rebutted like any
other evidence thereof." Jones vs. Mer-
chants' bank of Albany, 4 Robertson, New-
York superior court. Reps. 221. But
44 when one retains a chattel pledged for a
debt, after tlie amount of debt has been
tendered, the owuer can only recover in
damages tlie value of the chattel after de-
ducting the amount of the debt."
Jarvis. administrator, vs. Rogers, 15
Mass., 388. In the New York case it was
subsequently held agreeably to the
synopsis of the opinion:
•• The maker of a promissory note can
not recover back choses in action pledged
by him as security for its payment with
the holder, simply when and because an
action upon such note is barred by the
statute of limitations. If the note" was
originally obligatory, nothing short of
actual payment, or tender of it, will en-
able him to do so,'" and that an obligation
is not extinguished for all purposes,
though suit be not brought on it within the
period fixed by the statute. Same
parties. 6 Hob. N. Y. Sup. Ct. Reps.
162. In Buck ey vs. Webb, 31 Conn., 339,
the question of the rights of holders after
insolvency was considered, and which,
though not directly applicable, is illustra-
tive of the principles that the rights of the
appellants should be regarded the same as
the original parties.
In action by the pledgor against the
pledgee for conversion, the latter may
recoup the amount of the debt. Story on
bailments. 5 Ed. »327 n 2, Brightman vs.
Keeves, 21 Tex. 70.
We are of opinion the justice of the case
has not been attained on the trial. Judg-
ment is reversed and reformed, to the effect
that the appeliee take nothing and pay all
the costs of this proceeding.
C. M. Winkler. Judge, etc.
Pinon & Colosia. plaintiffs in error, vs.
Modesta Varona. defendant in error, from
Galveston county. The case may be briefly
stated as follows: One case between the
parties having been decided, the plaintiff
in error instituted a second suit on account
before a different justice of the peace, on
which he claimed to be owner of a lot of
cigars which had not been involved in the
first suit. The first suit was tried by Hugo
Brosig, J. P., the second by T. D. Gilbert,
J. P. In the second suit, Gilbert. J. P.,
entered a judgment against the plaintiff
for $52 25 and costs, the plaintiff contend-
ing that the whole matter had been deter-
mined in the first suit. The judgment of
GiT:>«rr, J. P., was not appealed from, but
instead the plaintiff instituted this suit for
damages against the defendants and Gil-
bert, the character of which may be gath-
ered from an extract or two from the com-
plaint filed before Hugo Brosig, J. P., who
tried the present case and rendered judg-
ment (having dismissed as to Gilbert),
against the plaintiffs in same for $43 and
costs. [Extracts.] The plaintiff Modesta
Varona claims of the defendants $95 dam-
ages for this, that heretofore, etc., setting
out a conspiracy to defraud him. 41 Plain-
tiff further charges that to protect himself
from these wrongs he has paid his lawyer
already and lias promised to pay him
$45 more, and has been compelled to stay
away from his business twelve days, by
reason whereof he has been further dam-
aged to tho amount of $30. Plaintiff
says that by the said fraud and conspi-
racy and wrong-doings of the defendants
he has been damaged, as above set forth,
in the sum of tor which he prays
judgment." In an amended complaint
the plaintiff below, plaintiff in error, by
way of excuse for not having appealed
from the judgment of Gilbert, J. P., says
that he ,4is a resident of the county of
Bexar and state of Texas, and not of Gal-
veston, and was unable to give the bond
required bv law for an appeal from the
so-called judgment rendered by the said
justice Gilbert, and is utterly without re-
dress for the wrongs and outrages he has
been subject to," etc. To the complaint
the defendants demurred, generally and
specially, and answered to the merits. e
are of opinion that the plaintiff has mis-
taken his remedy. Without considering as
to whether a justice of the peace can be
held in damages on account of a decision
given or judgment rendered or not, which,
by the way, is questionable, to say the
least of it.' we are of opinion that upon
the case, as stated, he should have appealed
from the judgment of the justice of the
peace, or if the judgment had been void,
liis proper remedy was by injunction;
Dibbrell vs. Robinson, decided at the
present term of this court, and author-
ity there cited. If the plea in recon-
vention had been properly demurred
to the demurrer should 1 a. ve been sustained;
this not having been done, the amount
therein set out was in controversy, and
gives this court jurisdiction. The judg-
ment of the county court must be re-
versed, and the cause remanded, so that
the error committed in the justice's court,
which is fundamental, may be corrected,
which will be fatal to the whole case, and
against the plaintiff in error. The cause
is remanded to the county court.
C. M. Wink leu, Judge, etc.
No. 591: Scurry Foster vs. tho State of
Texas. Appeal from Austin county.
This appeal is from a judgment rendered
upon a second application for habeas cor-
pus, refusing bail to applicant. Tlie first
application was made and heard before in-
dictment found and the application in this
case after indictment. Applicant's right
to a second writ of habeas corpus was
based upon the ground of newly discov-
ered evidence. Upon the hearing in
chambers the district judge rendered the
following judgment, viz: 44It appearing
to the court that tlie evidence introduced
by the applicant alleged to be newly dis-
covered was not in fact such evidence, and
accordingly not sufficient to authorize the
court to change the former judgment of
the court refusing bail; and for other and
sufficient reasons it is ordered and ad
judged by the court that tho prisoner
Scurry Foster be remanded to the custody
of the sheriff of Austin county, to be by
him confined without bail to answer the
indictment preferred against him by the
grand jury of said county charging him
with tlie murder of Nicholas Umland,"
etc.
With regard to second applications for
the writ of habaas corpus our statute
reads thus: 44 A party may obtain the
writ of habeas corpus a second time by
stating in the application therefor that
since the hearing in his first application
important testimony has been obtained
which it was not in his power to
produce at the former hearing. He
shall also set forth the testimony so newly
discovered, and if it be that of a witness
the affidavit of the witness shall also ac-
company such aoplication." Pas. Dig.,
Art. 2642.
A casual reading of tho language of this
statute might lead to the inference that
such second application would be limited
exclusively to evidence which was newly
discovered. Such, however, is not our in
terpretation, based upon a proper con-
struction of the whole article, and as we
think in perfect consonance with the broad
principles of justice and human liberty,
upon which the writ is founded, and for
the better protection and securit3r of which
its privileges were intended mostly to sub-
serve. We are of opinion that the statute
intended to confer the right in two classes
of cases: 1, where important testimony
has been obtained, which, though not
newly discovered or which, tliough known
to him, it was not in his power to produce
at tho former hearing; 2, where the evi-
dence was newly discovered.
i In either case his application, if it be on
account of the testimony of a witness,
should not only be accompanied by the affi-
davit of the witness; but the reasons why
the testimony was not addqg*ed should be
fully stated, in order that the judge or
court to whom the application was ad-
dressed might know, in the one case,
why it was out of his power to produce it
at the former hearing; and, in the other,
such facts, stated as would satisfy the
court, that the failure to discover the tes-
timony was not attributable to any lack
of proper diligence on his part. In other
words, the application should be so full
and complete as to apprise the court
of all the facts necessary to be
known, that it might act advisedly
in granting or refusing the application.
We can not better perhaps illustrate our
idea than by the facts presented in the
case at bar. As we have seen, the appli-
cation was upon the ground of nevfly dis-
covered evidence, In such a case, we take
it, all the recognized rules with reference
to newly discovered testimony on motions
for new trials would obtain and govern.
The showing should be the same. If the
showing itself discloses, we will say, want
of diligence, or that the evidence is cumu-
lative, or that it was intended to impeach
a witness, or any other fact which would
render it insufficient or invalid, on a mo-
tion for new trial, then the judge or court
would be fully authorized in refusing the
writ, and his refusal would be conclusive.
For an appeal does not lie from the re-
fusal of a district judge to grant a writ of
habeas corpus ex parte. Ainsworth, 27
Tex. 731; Thomas vs. the State, 40 Tex. 6.
In this case, however, the judge granted
the writ, and then upon the hearing deter-
mined that the evidence was not newly
discovered. A question is here presented
which has never before arisen in this state,
and that is, what should be the practice in
this court on appeal, even supposing the
court should concur in the view of the dis-
trict court, that the evidence was not
newly discovered? Will we affirm the
judgment because the party was not
primarily entitled to the writ? Clearly
not. Having granted the writ and heard
the testimony, the evidence thus heard be-
comes part of the facte of the record. The
rule of practice as prescribed by the sta-
tute applies. " The supreme court (court
of appeals) shall hear the appeal
upon the facts and law arising
upon the record, and shall enter such
judgment and make such orders as the
law and the nature of the case may re-
quire." Pas. Dig., art. 3221. ,4 The opin-
ion of a district or supreme judge shall
not be revised as to any incidental ques-
tion which may have arisen on the hear-
ing of the application for habeas corpus,
the only design of the appeal being to do
substantial justice to the party appealing."
Pas. Dig., art. 3222.
The case, then, must be determined by
us, not upon the question as to whether
the evidence is newly discovered, but upon
the evidence as we find it adduced on the
hearing and presented in the record.
Taking tlie record as an entirety, and
considering all the testimony as it here ap-
]>ears. is the prisoner entitled to bailOur
present constitution provides that 44 all
prisoners shall be bailable by sufficient
sureties, unless for capital offenses, when
the proof is evident." Const., art. 1, sec.
11. What is the proper definition to be
given, and the legal interpretation to be
placed upon the words when 44 the proof is
evident," as used in the constitutional pro-
vision quoted? has been a most fruitful
source of discussion with the legal profes-
sion of the state since the adoption of the
constitution of 1869, where the ^ame lan-
guage is used as in the present constitu-
tion. No legal construction has ever been
directly given it. In the case of Ex-parte
Rothschild, 2 Tex.. Ct. ADp, 560, this court
promised to avail itseli of the first suitable
ca3e to discuss the meaning of th. se words,
and to declare the rules which would regu-
late and govern the action of this court
in its adjudications upon hal^eas
corpus cases. In McCoy vs. The State,
25 Tex., 33, our supreme t court gave
their interpretation of the meaning of the
expression, 44 proof is evident or presump-
tion great," as used with reference to bail
in the 9th section of art. 1 of the constitu-
tion of 1S45. Roberts. J., says: 44 The
terras * * * are as definite to the legal
mind as any words of explanation could
make them, and are intended to indicate
the same degree of certainty, whether the
evidence be direct or circumstantial. The
design is to secure the right of bail in all
cases, except in those in which the facts
might show, with reasonable certainty,
that the prisoner is guilty of a capital
offense." The omission of the words 44 or
presumption great," and the use of the ex-
pression '"proof is evident,'" in the present
constitution, it is contended, materially
changes the rights of a prisoner, and re-
quires, to justify a refusal of bail, the es-
tablishment of a much more direct and
certain case of guilt than formerly.
Doubtless this is so. Some, however (able
lawyers), go to the extent of insisting that
a mere conflict of testimony will necessa-
rily entitle a party to bail, since that can
not be said to be evident which admits of
dispute; and the case of Ex parte Miller,
41 Tex.. 213, is frequently cited in support
of this position. When examined with re-
ference to the facts of the case before the
court, and which were the facts to which
alone the language of the opinion relates,
or even independently considered, we do
not think the rules therein laid down war-
rant such construction.
Again, it is insisted that the only true
and correct meaning of the word" 44 evi-
dent" is that as given it by lexicog-
raphers whose works are recognized
as of standard authority. Take, for
instance, the definition given by Webster,
and we believe his definition is about the
same as that of most standard authors—
he defines "evident" to l>e "clear to the
mind; obvious; plain: apparent; mani-
fest; notorious; palpable." This is very
satisfactory—is doubtless accurate and
correct, and as we shall endeavor to show
hereafter not inconsistent with our view
of the constitutional expression "proof is
evident," even wheu subjected to philolo-
gical construction. Perhaps w© can not
succeed better in making ourselves under-
stood than by declaring the general rules
which will contrel and govern us in refus-
ing bail under the constitutional prohibi-
tion rather than by attempting to an-
nounce a definite, abstract meaning for
the constitutional expression which is not
easily defined.
The supreme court of Pennsylvania have
laid down a rule upo* this subject which
we think worthy of approval. In the
Commonwealth Vs. Keeper of Prison, 2
Ashen 227, 4 It is said to be a safe rule,
where a malicious homicide is charged, to
refuse bail in all cases where a judge
would sustain a capital conviction if pro-
nounced by a jury on such evidence of
guilt as was exhibited to him on the hear-
ing of the application to admit to bail and
instances where the evidence of the com-
monwealth is of lass efficacy—to admit to
bail." 2 Ashen, 227; Hurd on Habeas Cor-
pus, p. 438; State vs. Summons, 19 Ohio,
139; ex parte Bryant, 34 Ala.. 270.
The same idea is tersely and happily ex-
pressed by Bricknoll, C. J., in ex parte
McAnally, 53 Ala., 4i»5. He says: 44 If the
evidence is clear and strong, leaving a
well-guarded and dispassionate judgment
to the conclusion that the offense
has been committed, that the accused
is the guilt}* agent and that he would
probably be punished capitally if the law is
administered—bail is not a matter of
right.
We know of no better exposition of our
views with regard to the proper construc-
tion of the constitutional expression
44 proof is evident" than the two rules
quoted, and when subjected to strictest
criticism we can not see that they are in
auywise inconsistent, tho definition quoted
from Mr. Webster. Besides this they furnish
ample restrictions to regulate and govern
the action of tlie courts m their adjudica-
tion upon questions of bail in capital cases.
When wo apply the doctrine thus enun-
ciated to the facts in evidence, as shown in
the record before us, we are not satisfied
that " the proof is evident.'" Consequently
we believe that tho applicant is entitled to
bail. We do not wish to be understood as
saying that he is not guilty of murder in
the first degree, and that tills fact may not
be made to appear most fully upon his
final trial. We are only passing upon the
sufficiency of the evidence as exhibited in
this record and upon it alono is our opin-
ion predicated. We will not comment
upon it least our comments should influ-
ence the final trial—to decline to do so
is the uniform practice as it has always
obtained in such cases.
In the record we are furnished with an
argument of counsel for the state and ap-
plicant that applicant can give a bond in
the sum of five thousand dollars. Tho
court have therefore concluded that the
sum of five thousand dollars ($5000) would
be proper in the premises. It is therefore
ordered and adjudged by the court that
the applicant, Scurry Foster, be admitted
to bail in the sum of rive thousand ($5000)
dollars, with good and sufficient sureties,
and that this judgment of the court be cer-
tified to tho sheriff of Austin county, the
officer having custody of said applicant,who
is authorized and empowered to obtain a
bail-bond for that amount, properly exe-
cuted and conditioned as the law requires,
which said bail-bond, when so executed
and approved by said sheriff, shall be filed
'oV him in the district court of said Austin
county. Bail granted. John P. White,
Judge Court of Appeals.
515: George Taylor vs. the State of Texas.
Appeal from MLontague county. On the
motion of the assistant attorney general
for a rehearing.
In the opinion delivered by this court in
this case on the 29th day of January, 1879,
the judgment of the lower court was re-
versed solely u]>on the ground that the
verdict of the jury was insufficient, in that
ic did not find the defendant guilty. By
the transcript of the record as then before
us, and particularly from the fact that de-
fendant's counsel in an amendment which
was written just below his signature to the
motion for a new trial, and which was
based upon the fact that the jury did not
find the defendant guilty, it was a natural
conclusion ui>on our part that the verdict
was indeed 44 guity," as it appeared iu the
record, and that the amendment to the
motion for a new trial aforesaid had called
the district court's attention directly to
that fact, before the motion for new trial
was overruled. And we must confess that
we were surprised that the motion should
have been overruled, or, to say tho least of
it, if the amendment was called to the atten-
tion of the court, and there was any doubt
or ground for supposing really that the
verdict was 44guity" and 44 not guilty,"
that some explanation was not made which
would have tended to settle or throw light
upon the matter.
On the 10th of February. 1879, the as-
sistant attorney general filed in this court
his motion for a rehearing in behalf of the
state, and for a certiorari to bring up a more
jierfect and complete record in the case.
In substance, the grounds of this motion
were that the transcript upon which the
cause had been decided by us was not a
true record of the proceedings had in tlie
district court of Montague county. That
the counsel for the state was informed and
believed that the original verdict of the
jury had been tampered with and mutila-
ted by some one, and the word 44 guilty "
in the verdict changed to 44 guity," as was
also done in other portions of the record
after the transcript was made out.
This motion was resisted by the defend
ant, who filed as an exhibit to his answer,
the affidavit of M. D. Herbert, ex district
clerk, who had prepared the transcript be-
fore the expiration of his term of office.
He states that he "had written the word
guilty in the verdict of the jury, but upon
suggestion of defendant's counsel and upon
examination of the verdict as written
by the foreman of the jury finding the
word spelled guity, he erased guilty and
wrote guity, as it appears in the verdict,
and as near a fac simile of the word as
possible. That (the transcript as made out
by him was adopted by his successor) said
erasure and correction was made before
the certificate of the clerk or his seal was
attached to said transcript."
The motion of the assistant attorney
generalwas sustained and rehearing grant-
ed—a certiorari to perfect the record be-
ing also awarded. In obedience to this
writ of certiorari a new transcript has
been sent up and is now before us. It is
certified by the clerk to be 44 a true copy
of all the proceedings in case No. 745,
whereiu the state of Texas is plaintiff and
-Geo. Taylor is defendant, as appears of
record." In this record, where the ver-
dict of the jury is set out, the word used
by the jury in their findings, is certified to
be "guilty."
We must presume from all the circum-
stances stated above, that the transcript
as sent up in obedience to the certiorari is
correct, and speaks the truth with regard
to the matter.
So presuming we have again examined
the case with reference to the supposed
errors complained of as shown by defend-
ant's bills of exception, if they can be con-
sidered as such, and motion for new trial,
and we can not perceive that any of them
are well taKen. Defendant, for aught that
appears, was fairly and impartially tried
and justly and legally convicted, and so
believing, the judgment of the lower court
finding him guilty and assessing his pun-
ishment to confinement in the penitentiary
for a term of three years, is in all things
affirmed.
Affirmed. John P. White,
Judge Court of Appeals.
Ex parte Robin Rucker and Melvin Qui-
senberry. Appeal from Anderson county.
The record in this case is very volumin-
ous, and somewhat confused in the order
of its arrangement. W ith regard to the
proceedings, however, it discloses the facts
that appellants, after having once been
refused bail, applied for and obtained from
the Hon. W. D. Wood a second writ of
habeas corpus, upon the ground that im-
portant testimony had been obtained
which it was not in their power to pro-
duce at the former hearing. Pas. Dig.,
art. 2642; Scurry Foster vs. the State, just
decided. The application was heard on
trial before the Hon. T. G. Jones, special
judge, who had, subsequent to the grant-
ing of the writ, been elected and qualified
to hear the case. The appellants had, with
several others, been indicted for the mur-
der of Dr. Grayson and his wife, in An-
derson county, on the night of the 23d day
of April, A. D. 1878.
This second trial resulted in a judgment,
rendered by the special judge, refusing
bail to the applicants, and it is from that
judgment that this appeal is prosecuted.
W e have most patiently and carefully
considered the case as presented in the re-
cord, and the law as applicable to the
same, together with the able oral argu-
ment and brief of counsel for appellants,
and we are constrained to say that we are
unable to perceive any error committed
by the lower court in refusing bail. We
forbear to comment upon the testimony
further than to say that the judgment of
the court is supported by it. The judg-
ment is therefore in all things affirmed,
and it is further ordered that the appel-
lants pay all the costs of this proceeding
under the writ of habeas corpus. Ordered
accordingly. John P. White,
Judge Court of Appeals.
548: R. A. and E. A. Grant et als., vs.
Wm. QuinselL Appeal from Harris county.
Suit was commenced by petitioner for
injunction in the county court by appellee
to restraiifraud enjoin appellants from in-
terfering with the collection of one month's
rent due him from one Levy, which said
rent amounted to the sum of $30. On
final hearing, the court perpetuated the
injunction, and rendered judgment for
co sts in favor of appellee.
The only question in the case necessary
to be examined and discussed is whether
the county court had authority to issue the
writ of injunction in an original proceed-
ing to restrain the collection of a sum not
coming within the jurisdiction of that
court. We are of opinion that it did not.
In civil cases the original jurisdiction of
the county court is confined to those cases
44 when the matter in controversy shall ex-
ceed in value $200, and not exceed $500 ex-
clusive of interest." Const., art. 5. sec. 16.
Acts 15 leg., p. 19, sec. 3. Acts 15 leg., p.
172, sec. 1.
It is further provided in the constitution
that the county courts shall have appellate
jurisdiction in cases originating in justices
courts when the judgment appealed from
shall exceed $20 exclusive of costs. Const.,
art. 5, sec. 16. In the same section it is
further provided that44 the county courts,
or judges thereof, shall have power to issue
writs of mandamus, injunction and all
other writs necessary to the enforcement
of the jurisdiction of said courts." Act 5,
sec. lb. Acts 15 leg., p. 19, sec. 5.
It appeal's, then, that county courts can
only issue the writ of injunction in cases
necessary to the enforcement of the juris-
diction of said courts. The greatest ex-
tent to which the courts have gone m sus-
taining the jurisdiction of the county
courts in issuing the writ of injunction
where the amount in controversy was be
low the jurisdiction of said court was in
those cases where proceedings had prima-
rily been commenced in the justice's court
and the injunction was sought as an aux-
iliary or ancillary process. In such cases,
by virtue of the fact that appellate juris-
diction was vested in the county court the
right to issue the injunction was held to
be within and could be used when neces-
sary to the enforcement of its jurisdiction.
And in tho case at bar had' the suit been
brought in the justice's court in the first
instance, doubtless the countv court might
have been applied to and could have issued
the injunction as an ancillary proceeding
to restrain the collection or interference
with t he collection of the $30.
But as a primary original proceeding we
do not believe that the county court can
issue an injunction and in that way ac-
quire jurisdiction of a case not within
either its original or appellate jurisdiction.
Because the county court had no juris-
diction of the case, the judgment is re-
versed and case dismissed.
John P. White,
Judge Court of Appeals.
T. J. Collins, appellant, vs. the State of
Texas, appellee. Appeal from the crimi-
nal district court of Harris county.
T. J. Collins, the defendant in this case,
was indicted for and convicted of an as-
sault with intent to murder one John J.
Ryan. The main questions in this case
arise upon the charge of tho court, and
upon the refusal of the court to give the
instructions asked by the defendant.
The evidence substantial! v shows that
Collins, the defendant, and Ryan, the par-
ty alleged to have been assaulted, both
lived at Harrisburg. in Harris county, and
on the night of the 26th of April, 187S,
were at a ball at Harrisburg. Ryan was
dancing with a lady whom he had accom-
panied to tho ball. He believed that in
one of the dances Collins had offered an
insult to his (Ryan's) partner. After the
dance was over and the ladies seated, Ryan
went up to Collins and demanded an apol-
ogy of nim and finally struct him. Other
jersons interfered and separated them.
Shortly afterward Collins kicked Ryan on
the steps leading down stairs from the ball-
room, when they were again separated.
Ryan then tried to get Collins to come
down stairs and fight him a fair light.
Ryan worked in the machine shop at Har-
risburg. On the next day, the 27th of April,
1878. at noon, when tho whistle blowed,
Collins and Rvan both started for dinner.
Ryan, and several othors with him, passed
out oi the gate at the machine shop, and
started on down the highway. Collins
hailed Ryan, who was some one hundred,
or one hundred and fifty feet ahead of
him. Ryan, on being hailed, turned round
and stopped. Collins walked up to within
twenty or twenty-five feet of Ryan, and
asked him if he wished anything of him
44 to-day." Ryan replied, about what I
Collins said about that difficulty last
night. Collins remarked that Ryan had
treated him badly the night before. Ryan
replied that he had treated him as he
would him or any other man who would
insult a woman under his charge. Collins
then said to Ryan: 44 If you say I insulted
a woman last night, you lie." * * It
further appears, from"the evidence, that a
quarrel immediately ensued between Col-
lins and Ryan, m which they cursed each
other. Collins was armed with a pistol,
and Ryan unarmed. Collins finally drew
his pistol, and shot at Ryan three times.
The first shot missed him; the second shot
hit him in the arm as he turned to run,
and the third shot was fired at and missed
him as he run. There is some conflict
the evidence as to whether Ry-
an, at the time he was first
shot at, was making any hostile
demonstrations against Collins. The court
substantially charged the law of the case
as applicable to the facts iu evidence in re-
ference to an assault with intent to mur-
der. The defendant did not except to the
charge nor ask any additional instructions
on this point. The court also gave the de-
fendant the benefit of a charge upon tlie
law of self-defense. We make the follow-
ing extracts from the charge of the court:
44 Every man has the right to defend him-
self gainst attack producing reasonable
expectation or fear of death or some seri-
ous bodily injury; if you believe that de-
fendant acted under such expectation or
fear, and had reasonable ground for it, he
would not be guilty of any offense. The
defendant is presumed to be innocent until
his guilt is established by the evidence to
the satisfaction of the jury beyond a rea-
sonable doubt, and unless you are so satis-
fied by the evidence in this case, find the
defendant not guilty."
The defendant asked the following addi-
tional instructions, which the court re-
fusedtogive: " The jury are instructed
that if they Ijelievefrom the evidence that
the defendant is ngt guilty of an assault
with intent to murder, and if you further
believe from the evidence that the defend-
ant, T. J. Collins, did as charged in
the indictment, make an assault upon
said Ryan with a deadly weapon,
aud if you further believe that such as-
sault was made under a sudden provoca-
tion and without premeditation and fore-
thought, and that said assault was made
while under a sudden passion, the jury
will find the defendant guilty of an aggra-
vated assault and battery, unless the evi-
dence further shows that said assault was
made in self-defense, as heretofore charg-
ed. If the evidence satisfies you beyond a
reasonable doubt that the defendant, T. J.
Collins, is guilty of aggravated assault and
battery, then you will assess the punish-
ment at not less than one hundred dollars
nor more than one thousand dollars and
imprisonment in the county jail not to ex-
ceed two years, or by fine alone without
imprisonment in any sum not less than one
hundred nor more than one thousand dol-
lars." We do not think the court erred in
refusing to give the instructions asked by
the defendant.
From all the evidence taken together, it
is clear to our minds that the defendant,
being armed with a deadly weajxm, pro-
voked the difficulty, and finally shot
at Ryan with intent to kill
him, when he, Collins, was in
no real or apparent danger of losing
his life or of any serious bodily injury.
There was nothing in the evidence tending
to establish or from which the jury might
have concluded the offence to be a lower
grade than that of assault with intent to
murder. The jury were justified in the
conclusion that the defendant was guilty
of an assault with intent to murder. The
court did not err in overruling the defend-
ant's motion for new trial. The facts
stated in the amended motion for new
trial are of such a nature as to preclude
the idea that they were newly discovered
or that they could not have been discov-
ered sooner by the use of proper diligence
on the part of the defendant. If the
wound inflicted upon the head of defend-
ant several years before the trial so effect-
ed him that under excitement, or the emo-
tion of fear, anger or passion, he has been
since then unable to control his acts, as is
claimed by him, Dr. Pilant, his relative,
who lived in the same house with him, and
who was a principal witness for the de-
fense on the trial, certainly knew the fact.
We have given the entire record the
most careful consideration, and we find
nothing which would warrant a reversal of
the judgment of the court below. It is
therefore affirmed.
Affirmed. M. D Ector,
Presiding Judge of the Court of Appeals.
542: N. O. Lauve vs. Alex. Balfour. Ap-
peal from Galveston. Motion for rehear-
ing overruled.
525: The G., H. and S. A. R. R. Co. vs.
R. L. Anderson. Motion for rehearing
overruled.
T. Habermacher vs. T. J. Whitten. Ap-
peal from Wharton county. The clerk of
the county court of Wharton county is
ordered to" return to the clerk of this court
the mandate issued in the above case.
The conrt adjourned.
District Court.
The contest for the sheriffalty closed
this evening. Major F. Chas. Hume made
an eloquent and impressive speech. He
alluded to the fraudulent votes cast from
the Aransas and other sources: pointed
out the large number of men who had
voted in the election who could not be
found by the canvassers of either the con-
testant or contestee. In tho interest of
the public, he proclaimed that frauds in
elections should be put down now and for-
ever. The purity of the ballot-box was
the safety of the government. He did not
care for whom the illegal votes were cast;
whether for his client the contestant, or
the contestee, parties casting them should
be punished. The major's remarks were
forcible and pertinent, and were listened
to with attention by the judge, to whom
he paid a high compliment for his patience
and honesty.
The attorneys for contestee informed
the coui*t that they saw nothing in the
case upon which to base an argument.
Judge Stewart took the case under ad-
visement.
Ou Monday the contest between Howard
Finley, Esq., and Judge Williams be-
gins.
County Court.
Chas. Hasselmeyer and Henry Hassel.
meyer, after which the court adjourned.
Recorder's Court.
aggravated assault and battery.
John Owens and W. H. Riley, accused
of comnytting an aggravated assault and
battery upon the person of Joseph Post,
were sent before the criminal district
court under a bond of $250 each, to
answer at the May term.
not in a fit condition.
Annie Johnson indulged in benzine un-
til she was even unfit to appear before the
recorder. She was allowed time to cool off
until Monday next, when her case and
condition w ill be inquired into.
Legal Joltings.
It is a fact very creditable to judge
Cook that, perhaps with the exception of
the Grissom case, which was reversed on a
question of practice, and one other case, the
court of appeals lias affirmed all the ap-
peals taken from his court for the last two
years. We think there have been as many
as 20 or, perhaps, more appeals taken from
the criminal district court of Galveston
and Harris counties within that time.
Judge Morrill has returned from his trip
to his other judicial districts, looking in
prime health. His court here will com-
mence work on Tuesday next.
See About tlie Roys.
Mothers should pay a visit to Broussard's
and examine his large assortment of boys'
and youths" clothing, which embraces light
and heavy suits i*i fine, medium or plain
goods, all very stylishly cut and finished.
A Chance.
If you wish good goods at reasonable
figures buy from J. P. Boono, Galveston
Cash Grocery, 20th street.
Spring Opening.
S. M. Schaffter & Co. will hold their
opening on Friday and Saturday, the 4th
and 5th of April. All ladies are cordially
invited. No cards.
From John Iflagwlre, the Well
Known Writer on the money
Question.
St. Louis, April 15,1S78.
Messrs. J. & C. Maguire:
I had been suffering all winter with a
terrible racking cough, and tried many
physicians and remedies without avail,
and found it seriously affecting my lungs.
You pronounced my affection proceeding
from the liver, gave me a bottle of Ma-
guire's Cundurango Bitters, and I must
say that I feel entirely relieved of cough
and pain. John Magwire,
No. 2814 N. 10th street.
For sale by Thompson, Schott & Co.,
Galveston.
Plain and fancy cassimere suits at C.
E. Broussard's, strand, at prices that can
not be cut under.
A Good Account.
To sum it up, six long years of bed-rid-
pen sickness and suffering, costing $200
per year, total, $1200—all of which was
stopped by three bottles of Hop Bitters
taken by ray wife, who has done her own
housework for a year since, without the
loss of a day; an« I I want everybody to
know it for their benefit.
John Weeks, Butler, N. Y.
to it, it supplies a kind of fun which
they relish enormously, especially if
they have been strictly "brought up. In
the opera bouffe the humor lies in a kind
of reversal of the moral order of societv.
A cowardly colonel who runs awav m
the field is"at once promoted and deco-
rated. A defaulting banker is made
state treasurer. The king's privy coun-
cilors, grave and elderly men, go
out of the royal presence dancing
a jig. In the ~ pulpit in like man-
ner there are two essential features
in the bouffe method. The first is the
presentation of the Deity as governing
the universe justly, but still on the
humorous plan—that is, convicting tiie
sinner by getting the better of him—or,
in other words, being too smart for him.
In fact, the sinner usually appears in
the sermons of the school as a person
who suffers for his simplicity, and gen-
erally cuts a ludicrous figure when his
wickedness is brought to light. The
second is an appeal to the risibility which
always lies concealed in decayed rever-
ence. When there has been a distinct
decline in a man's capacity for awe, his
sense of the comical is always touched
by seeing the old objects of his worship
treated with a good-humored disrespect
aad familiarity. People who have re-
ceived a religious education, but who
have fallen away from their early teach-
ing, are therefore apt to be much tickled
by a slightly comic handling of what
they once held sacred. The sweetness
of laughter on solemn occasions and
in forbidden places is known to every-
body, but it is hardly any sweeter
though usually more open, than the
laughter of the irreverent religious man
at the attempts of his pastor to make the
gospel entertaining to him and present
the wicked in the light of greenhorns.
The fatal defect in the plan is that, to
keep it effective, a steady broadening of
the humor is necessary. The jokes have
to become day by day more palpable,
and the colors to be laid on more deeply
as the congregation's sense of decorum
declines, audits appetite for amusement
grows dull. The result is that a preach-
er of the Talmage school is condemned
by the law of his method to continued
progress toward the extreme. If he
once begins to make points in order to
send a smile around the pews, he can not
stop till his flock begins fo watch for
jokes in his prayers, or greets him now
and then with the regular theatrical
roar. It is desirable, for the sake not of
religion only, but of all the virtues on
which society rests, that such preachers
should have no organizations outside
their own churches to be responsible for
them. For if there be anything certain
in tlie lessons of history it is that no
community was ever long capable of
great things in which the serious element
character has been successfully at-
The Popular Place
to buy Men's Summer Underwear and
Notions at low prices.
McCormick & Selkirk.
If you will have style as well as com-
fort, go to Broussard's for your clothing.
Shirts.
Good Linen Bosom Shirts, six for $5 50:
better quality, heavy weight, six for $7 50;
Keep's celebrated Dress Shirts, pure Irish
Linen bosom, and bodies of best Wamsutta
muslin, made to order, six for $0. The best
in the world! Send for samples of material,
rules for self-measurement, and price lists
of furnishing goods. No stamp required.
J. B. Barton,
Agent for Keep's Shirts, Galveston, Tex.
Allsop's India Pale Ale, E. & J.
Burke's Bottling, is for sale by Heiden-
heimer Bros., agents for Texas.
Leave your measure and have your
suits made to order by Broussard.
The photographic art is making rapid
strides toward perfection. The Laml»er-
type, a permanent print in carbon, is the
most valuable recent addition to the art.
These pictures will supplant all others on
account of their difrabiHty. Blessing &
Brother are very successful in making this
new style. Their work compares favora-
bly with the l>est European productions.
Guinness's Stout. The only relable
and genuine article, is for sale by Heiden-
heimer Bros., agents for Texas. Bottled
by E. & J. Burke, Dublin.
tacked,
bled.
and either destroyed or enfeef
Some interesting experiments and ob*
ser vat ions have been made by two
French savans at Marseilles on a disease
resembling diphtheria which attach^
hens aud pigeons with fatal results. It
was proved that the disease could be
communicated to mammalia, and it was
fountl that diphtheria was very preva-
lent among the people at the time tho
fowls suffered from the like malady. It
was suggested that the fowls affected
should not be allowed to be brought into
the city.
The Secret Discovered.
Great revolution in Shirt-making ! 20
per cent, commission paid to agents saved
by purchasing direct from the only Shirt
Manufactory in Galveston. 44A w'ord to
the wise is sufficient." Shirts cut and
fitted on a new and improved plan. Partly
made Shirts, bodies oi Wamsutta cotton,
fine linen bosoms and cuffs, guaranteed a
perfect fit, ready to be made at home, 6
for $4. Shirts complete, made to order, 6 for
$8 and upwards. G. T. Morris. Postoffice
street (Balluiger & Jack's building). Box
288. ' -
Bishop Gregg's Winter and Spring
Visitations.
Galveston Sunday March 30
Harrisburg.. .Wednesday April 2
Columbus Thursday night April 3
Houston Sunday April 6
Independence Wednesday April 9
Brenham Good Friday and
Easter Day Ap. 11-13
Austin Meeting of Coun-
cil April 16
Marshall Wednesday April 23
Richmond Sunday April 27
Columbia Thursday May 1
Brazoria Sunday May 4
Matagorda.. .Sunday May 11
Caney Sunday May 18
M. 1 m I BRO.
ARE THE
Leading Jeweiers,
And Keep Up with the Times and
Sell Goods at SALL PROFITS.
The following are the prices of some articles:
Carver and Fork, all Steel $1 od
1 Bread Knife To
Carver and Fork. Hollow Ground, 9 inch.. 4 50
Carver and Fork, Walrus Hand'e, Hollow
Ground. 9-inch blaiie 6 50
California Carver and Fork. Ivory Handle.13 W
Fork. Ivory. 8-inch blade 2 5®
arver ana
Carver and Fork. Stag Handle
Carver and Fork. Bone Handle, extra..
French cook Knife
Emery Steel
China Butter Tub
1 Salad Fork and Spoon (Boxwood)
.se (Bo
1 50
3 *0
2 25
75
73
1 25
1 Salad Fork Ca-e ^Boxwood) 50
1 Scolloped Salad Dish 1 0)
1 Scolloped Salad Dish large 1 2ft
J2 Iveroid Table Knives, best quality 7 00
12 Iveroid Dessert Knives 7 00
12 Pearl Table Knives, Silver Plated 32 50
12 All-Steel and Silver Plated, in Case 6 50
1 pair Folding Sc'ssors 1 0J
1 pair Embroidery Scissors 75
l pair Medium Scissors, extra quality 1 25
1 Ho'lowGround ^azor. Wade A Butcher. 1 50
1 Hollow Ground Eiectric Razor 2 50
1 Westenholm Razor, large
1 Piper Razor
1 shaving Brush (Blackwood1!.
1 Shaving Brush. Ivory
1 (lou^ht Pickle Fork
1 Clought Corkscrew
1 pair tine Steel Specs, fine ler * *s. ccirv
1 pair tine Steel Specs, concave
1 pair Steel Specs, convex
1 pair Steel Sp^es*. convex
1 25
1 50
50
75
25
25
2 U0
2 00
1 0.1
50
1580: C. T. Moore vs. Wm. Loyd. Suit on
wages. Judgment on verdict of jury for
plaintiff for *486 66.
1582: Victor Bracht vs. Pietro Devoti. i with anxiety akin to dismay.
Suit on damages. Cause dismissad for — " *
want of jurisdiction on facts found by
jury.
On Monday there will be a peremptory
call of the docket.and all cases on the jury
calendar to-day are reset for Tuesday.
U. S. Commissioners Court.
Gilbert Baker, the former owner of the
Soup and Bully, was examined before
commissioner Rives for violating the in-
ternal revenue laws, and bound over to ap-
pear before the United States district court
at the present term to answer, in default
of furnishing bond he was turned over
to the United States marshal.
Criminal District Court.
The case of the state vs. Charles Hassel-
meyer, which was given to the jury last
night, was decided by that body at one
o'clock this morning, by their bringing in
a verdict of guilty, and assessing the pun-
ishment at two years confinement
in the penitentiary. A motion for a now
trial was filed and overruled by the
court, and the finding of the jury
approved and judgment accordingly, but
execution of the sentence suspended until
next term of court. The following is the
motion: In the above entitled and num-
bered cause, Chas. Hasselme\*er alone on
trial, comes said Chas. Hasselmeyer and
moves the honorable court to grant him a
new trial in said cause: and he sets down
the following reasons therefor:
1. Because the court failed to charge the
jury on the trial of said cause on the law
applicable to the case as developed by the
evidence.
2. Because the court erred in the law as
given the charge to the jury.
3. Because the verdict of the jury was
not supported by the evidence.
4. Because the verdict of the jury is con-
trary to the evidence in this—that "the evi-
dence disclosed the fact that the cattle
alleged to have been stolen was not the
property of Herman Kleinecke, nor in his
possession as charged in the indictment,
but was on the contrary the property of
Ferdinand Summers, and in his possession,
44 when taken, if the taking was contrary
to law."
The execution of sentence having been
deferred until the May term, the defend-
ant decliaod to except to the ruling of the
court or take an appeal.
From all of wbicn it appears that the
defendant is to spend the two ensuing
years in the state penitentiary.
State vs. Mary Campbell. Theft of
property from James Mills of less value
than $20. Verdict guilty; sentence fifteen
days in jalL
Judge Cook passed sentence upon David
Drake in very feeling terms, which must
bare impressed tbe ftfaanar; ato, span
Bulldozing tho President.
The National Republican, March 24,
published, with all the emphasis of
double leads, the following leading ar-
ticle, which was prepared after consul-
tation with senators Blaine, Logan,
Chandler, and other leading republi-
cans, who are seriously alarmed :
REPUBLICAN OPINION.
An almost incredible story is afloat
that president Hayes has informaily
agreed to accept the emasculation of the
national election laws, proposed by the
democratic caucus committee. This
bastard attempt at a " compromise " re-
ceived instant and utter condemnation
in republican circles, as soon as its terms
were made known. For this reason,
rumors of its acceptance by the presi-
dent are characterized as incrediblc. but,
from tbe confident manner and talk of
the democratic leaders, they have much
better assurance of final success in tlieir
efforts to abrogat.. all laws against fraud
iu our national elections than they had
a few days ago. The rumor receives fur-
ther circumstantial confirmation in the
fact that Lamar and other prominent
misnamed conservative leaders of an
ever-to-be-regretted period of bogus
conciliation, have been fre-
quent visitors at the executive
mansion lately. This assumption is con-
firmed by a story that president Hayes,
Evarts, Bayard and Springer have been
in consultation regarding the threatened
dead-lock between congress and the ex
eautive, the result of which was Mr.
Springer's modification of the demo-
cratic caucus proposition. Among re-
publican leaders these facts are received
with anxiety akin to dismay. Senators
Chandler and Blaine, among others,
have been heard to express doubt.9 of
their reliability, and the latter had been
especially emphatic in his denunciation
of the possible results that may follow
t'lis newly-suspected bourbon intrigue.
Ia short, it is safe to say that if the pre-
sident yields to this jug-handled coiii-
promise, the administration will find it-
self without a single supporter among
the republican members of either house.
The sophistry of the democratic argu-
1 pair Neutral TintG ass. for Sore Eyes .. 1 O1'
1 pair Neutral Spe *s. f 0
1 pair Neutral Sp<.cs. fine 2 10
1 Kmerson St op 1 00
Silver Plated Doorplates 03
Railroad Goggles 1 50
Rubber Eye Glasses 1 GO
Rubber Eye < iittssas, oblong an I round... 50
Steel Eye Glasses, extra fine 2 50
Shell Eye Glasses 1 5J
feteel Key Hi. g 25
Murine Spirit v ompass, 6-inch card
Marine Glasses
Pocket Knives from
Corn Knife
Charm Compass
Charm Compass
Small Surveyor's Compass
Corkscrew, large
2 Razors in Case
2 Razors in Case
1 Corkscrew
1 Locomotive < 'lo k ..
1 Magnifying G!r»ss
1 Spy Glass, from
1 Steel Tweezers.
I 1 Pocket Corkscrew..
1 Pocket Corkscrew 25
1 set of Pearl Carver and St«*el in Case 23 50
1 fine pair Shears 1 50
1 plain white American Tea Set. 4K piuces. 6 00
1 American Tea Set, gold band 10 0Q
1 American Tea Set. pink and gold 11 <30
1 American Tea Set, decorated. 7 50
1 Gold Pen and Holder 3 00
1 Gold Toothpick 1 50
1 G. nt's Moustache Cup 75c to 3 0^
Our stock of Fine Jewelry, Silver and Plated
Ware. Clocks. Artistic Pottery. American ana
French China and Glassware van not be sur-
passed in this country. Give us a call. We
are selling at SMALL PROFITS.
Corner Market and Tremont Streets.
yi. W. SHAW A: BRO.
45 00
15 no
$1 to 3 00
1 50
50
12 00
75
4 00
6 00
50
25 00
50c to 5 00
.... S7 50 to 18 00
25
50
Spring Opening.
\17E are now recehing dai'y additions to
▼ T our new stock of bPKINu ana SUMMER
Men's. Boys' an l Children's
CLOTUIIXTG
Selected from the ne>v» s styles by our Mr. W.
duiing his recent visit !o New ork. Among
our specialties is a foil iii.e of
WEN'S AND BOYS'HATS
IN
STRAW, FELT AND SILK,
OUR STOCK OF
GENTS' FURXISKEK3 &U3DS
COMPRISES
ALL THE LATEST NOVELTIES.
LEVY & WEiS,
ttarket. bet. anil
"OH! MY;
BACK!
ment in favor of practical invalidation
of the supervisors' law, embodied in the
caucus proposition, becomes at once ap-
parent when it is understood that the
prohibition of the exercise of police
power by the supervisors at national
elections reduce that office to a nonenti-
ty, or, at best, confines its duties
to those of mere spectators,
whose reports of what he may see may
be contradicted or offset by similar re-
ports from an opposition source. The
democrats feel assured, however, or pre-
t ud to feel, that president Haves will
ue .satisfied with this proposition, be-
cause it is apparently as fair for one side
as it is for the other. But the president
will have his attention called to-day to
the fact that tlie proposition also takes
out of the hands of the national judicia-
ry all jurisdiction over cases of fraud
that may be reported by eunuchized su-
pervisors. This discloses the bourbon
design to give to the states full and final
jurisdiction over all elections, national
as well as state or municipal. This de-
sign accomplished, a perfect restoration
of tlie confederacy, represented by states
rights democracy, would be simply a
matter of time.
The article created a sensation, and
the president, in answer to inquiry, said
lie would do his duty, regardless o
what party leaders on either side may
say.
Pulpit Houfle.
[From the Nation.]
The main ingredient of pulpit bouffe
if, however, essentially the same as
opera bouffe It consists in the irrever-
ent treatment of things which people
have been in the habit of looking on
with reverence. In the first stage of this
the shock is too great for laughter; but
whea people hare become a little nyH
119 Market, bet. I anil TreiHont Sts.
Tarns in
Jside or Loins* cire
cured by HUNT'S
REMEDY, the
Great Xulm-y aii4
Liver iledlciike. iS
is not a new co;n-
p-jujid,Imvine been
used by *il classes
f< r 30 years, and
saved from linger-
ing disease and
death hundreds who have been given up by physi-
cians. HUNT'S REMEDY cure* all ol the
Liver, Kidneys, Bladder and Urinary Oraans.propsyj
GraveL Diabetes, and Retention or Urine. Hl'VJ &
REMEDY cures Bright s Disease of the Kidneys,
General Debility, Female Weakness,
liisefses, and Intemperance. HUNT'S REMEDY
cures Bilious Headache. Sour Stomach. Costiwnefs,
Dyspepsia, Strengthens the Bowels and St'-macL,
and makes the blood perfectly pure. .
REMEDY is prepared EXPRESSLY for thee«
diseases and has never been known to tail. Une
triaTwifl convince you. HUNT'S REMEDY la
Vegetable, is used by Family Physicians, andjhe
utmost reliance may ™ ™ ™ "
be placed in it.
HUNT S REMEDY
encourages sleep,
creates an appetite,
braces ap the sys-
tem, and renewed-
health i* the result. |
Send for Parnph-1
let toW m.E.Clarke, I
I'EOVIDESCE, R. I. r
SOLD BY ALL IHiUGGISTS.
TEA SETS.
JgNGUSH STONE CHINA, 44 Pes $4 25
AMERICAN CHINA. 44 Picc-s 6 00
FRENCH CHINA, "old Band. 44 Fienes 10 50
FRENCH CHINA. Moss Rose. 44 Piece®. 12 50
dinner sets.
ENGLISH STONE CHINA. 119 Pieces.
AMERICAN CHINA. 119 Pieces
CHAMBER SETS.
ENGLISH STONE CHINA, lOPitce*..
C> LOUED B \NI> IU Tn.-h. Id P: c »8..
FLINT GLASS GOBI E'S. per Doz...
FLINT GLASS TUMBLERS, per Doz
All Gocd-; warranted as represented «r
money refunded. Orders irtm -Ii i "-risot ths
Country solicited, an 1 ^oods s* ■ -»uely packed
and delivered at de; o: free • charg- •
All inquiries bv mail j>r « ptly answered.
MFAKK A BENEKKi
\eii China Hall,
Cor. Tremont and Mechanic sts. .calves on/Teaf
bv Family Physicians, and the
HUNT'S
REMEDY
16 50
lo 50
4 w
5 50
1 0)
60
M. SCI1EAM,
Wholesale and retail dealer in
Crockery, Glassware,
FRENCH CHINA, BOHEMIAN A K' ;IAX
GLASSWAHE,
Majolica Ware, Bird Gages, lujs, Sc.
No. 81 Trsmoal Stftet
Bet HdcImbIo
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The Galveston Daily News. (Galveston, Tex.), Vol. 38, No. 6, Ed. 1 Sunday, March 30, 1879, newspaper, March 30, 1879; (https://texashistory.unt.edu/ark:/67531/metapth464131/m1/4/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Library Consortium.