The Galveston Daily News. (Galveston, Tex.), Vol. 55, No. 53, Ed. 1 Saturday, May 16, 1896 Page: 3 of 12
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THE GALVESTON DAILY NEWS, SATURDAY.
THE DAY AT HOUSTON
COLLECTOR BATES OF BRAZORIA
CO INT Y ITHMSHIOS A FINE
REPORT.
COMMISSIONERS' COURT,
evening at the Sylvan hotel by Major
Wheadon, the proprietor, it promises to
be a delightful affair. The plan is to have I
the^e excursions down there and back
onee a week, perhaps oftener should they
become popular. It is understood that the
railway company will do all it can to pro-
mote the success of the undertaking.
School Kntertnlnment.
Houston, Tex.. May 15,-Mrs. A. C. Eujac
and pupils, assisted by Mrs. E. A. Peden,
vocalist, and Mr. Mason, violinist, will
give their soiree musicale at Turner hall
for the friends and patrons of the school.
Following is the programme:
Trio (G hands) • — • • • • • Keller
Misses Evelyn Campbell. Bertha Gaut
and Master John Kennedy.
The Lonely Rose Iiiller
Miss Bertha Gaut.
Melodic Irlande • •
Miss Louise McGee.
Harvest Lange
Miss Evelyn Campbell.
Fatinitza de Suppe. Two pianos; four
hands —
Misses Julia Hitchler and Annie Cross.
Le Papillon du Soir Eggharu
Master Herman Keller.
Hungarian Dance Keller
Miss Annie Cross.
Rondo—Mil it aire Biehl
Miss Kathorine Av» s.
Faust de Gounod. Two pianos; eight
hands ■ •• ••••••
Misses Genevieve Johnson. Edith Bartell,
Bobbin Crank and Jennie Cranky
Polonaise Brilliante Keller
Miss Julia Hitchler.
Introduction and First Movement to
"Senate Pathetique." Two pianos;
four hands Beethoven
Miss Etta Davis and Mrs. C. A. Bujac.
Les Avants Coureurs (Drummer's)—
Gallop Original
_ , Rigoletto de Verdi —~
of overflow that his county lias been sub- . Merci (Thank You)—Gavotte Original
ct to for years from the Brazos river is Mrs. c. A.
frightened. jumped out and was drownod.
The verdict was in accordance with these
acts.
PervtU of John Adler nt the Infirmary
and the ltnby Turner Case.
Drowned in the llayou.
Houston, Tex., May 15.—Captain James
Bates, tax collector of Brazoria county,
was here to-day. He has just returned
from a trip on official business that took
him practically all over the county, lie
reports that the cotton crop is 2500 acres
larger this year than last and the plant is
well advanced and in excellent condition.
There is also under cultivation In the
county 2250 acres of sugar cane and in bet-
ter condition than for several years. The
yield, with a continuation of the favorable
weather conditions, will amount to 4.">oo,u<H)
pounds for that county. The Darrington
plantation, he says, lias the finest crop
prospect he ever looked upon. The danger
ject to
be
being provided against this year by the
big planters in a co-operative movement
to construct levees at the low points that
have in the past allowed the water to in-
undate the thousands of acres of the very
best land. This co-operation includes plant-
ers on oyster creek, up which the Brazos
backs water and causes an overflow from
that direction. When the work is done the
farmers feel that they will be protected
from loss in that direction. All the plant-
ersMn his section are very cheerful at this
time.
Comity Commi*8ioner».
Houston, Tex., May 15.--The county com-
Inissioners met to-day in regular session
&nd transacted the following business:
It was ordered that R. H. Downey com-
!)lete the Richmond road as far as the poor
arm, under tho samo terms as stipulated
n tho contract for said road.
It was ordered that the county treasurer
transfer $(1000 from the-general fund to tho
road and bridge fund, a.nd that the county
plerk furnish a certified copy of this order.
Tho petition of John Johnson et al. for a
liog law election was granted, the ('lection
to be held on June 20, 1890, with John John-
eon as presiding officer.
Tho petition of John Wilson et al. was
rejected for not having ntffieient signers.
Tho petition of G. \V. Brittain and others
for a public road from Morgan's Point to
the corporate limits of La Porto was grant-
ed, and the following gentlemen were ap-
pointed a jury of view: G. \Y. Brittain, J.
F. Allien, J. B. Sheldon, C. C. Williams
and A. L. Strang.
The report of H. M. Curtin, tax collector
of Harris county, for the months of Feb-
ruary, March and April, was examined and
approved.
The application of school trustees of dis-
trict No. 20 to sell lot. 10, block B, owned
Jby tho colored school, was granted.
il. M. Curtin presented his supplemental
roll for 1895, of $830,yo& The same was ap-
proved.
The county clerk was instructed to charge
pame on finance ledger. #
H. M. Curtin, tax collector, presented list
of erroneous assessments amounting to
$300,223, which was received and referredr
to assessor for verification.
The following bills were ordered paid:
R. Poole, $6.toi; Albert Eriolison, $59.5o; J.
J. Taylor, $47; II. M. Curtin, for making
supplemental roll for 1886. $110.70; J. J.
Hussey, $15; J. J. Hussey, $45; W. W. Glass,
$57.50; Beting manufacturing company,
$57.50; J. T. Mahoney, $18.u2; VV. A. Polk,
$80.61; J. H. G. Becker. $12.50.
The petition of C. J. Ward for correction
of assessment was referred to tax asses-
sor.
There was some change in the dividing
lines of school districts Nos. 11 and 12, on
account of special school assessments and
tho habitations of the trustees. District
12 begins at the northeast corner of Clif-
ton, thence to tho southwest corner of K.
Walton, thence to southeast corner of Ed-
ward Goodser, thence on the old lino to
starting point.
Report of John Farmer, county treasurer,
was examined and approved, as follows:
Report of John Farmer, treasurer of Har-
ris county, of receipts and disbursements
of the several funds for the period begin-
ning February 9, 18%, inclusive, and end-
ing May 8, lSUtr, inclusive:
Balances brought forward from last re-
port :
Jury fund $2,427 41
Road and bridge fund 3,739 OS
General fund 13,620 05
Bridge bond fund 7,088 03
Court house bond fund 4,773 30
School land fund 1,014 72
Jail fund 61,847 0J
Special road and bridge fund 11,952 77
Total
. $10(3,470 7G
RECEIPTS.
Jury fund
.. J.,201 71
Road end bridge fund
.. 10,902 03
General fund
.. 2ii,%3 Til
Bridge bond fund
.. 5,382 08
Court house bond fund
.. 10,3X2 68
School land fund
100 00
Special road and bridge fund....
.. 17,745 80
Total
. $Sl,0si Oli
DISBURSEMENTS.
Jury fund
.. $S,359 75
Road and bridge fund
.. 12,r,!»3 72
General fund
... 17.015 43
Bridge bond fund
.. 10,927 !«)
Court house bond fund
.. 11,317 35
Jail fund
.. 2H.855 00
Special road and bridge fund..,.
.. 18,302 50
Total
.. $103,371 05
Balance on hand May 8, 1R9C
Jail fund
... $1,269 37
Jtoad and bridge fund
... S,HIS 29
General fund
... 23.574 98
Bridge bond fund
... 1,643 71
Court house bond fund
... 3,838 03
School land fund
... 1.120 72
Jail fund
... 31,992 00
Special road and bridge fund....
... 16,396 07
Total
.. $87,783 77
Democratic Finance Committee.
Houston, Tex., May 15.—The finance com-
mittee of the county democratic executive
body will hold a meeting at the store of
Jos. F. Meyer Tuesday for the purposo of
passing on matters connected with tho
coming campaign. The committee is com-
posed of ex-Offlclo Chairman Spencer
Hutchins of the Second ward, .bis. F. Meyer
of the Third ward, E. R. Taylor of Pierce
Junction and E. M. Heiser of the Sixth
ward.
The rules for tho holding of the primaries
necessitate the submission by the candi-
dates of their names to the chairman of
the executive committee. The form of the
letter used is as follows:
Houston, Tex., May 14.*-Spenccr Hutchins,
Esq., Chairman Democratic Executive
Committee of Harris County-Dear Sir: In
compliance with the rules and regulations
prescribed by the democratic executive
committee for the holding of primary elec-
tions on June 4, 18%, in Harris county for
the purpose of selecting nominees of tho
party for the various county offices, 1 re-
spectfully ask that my name be placed on
tho democratic ticket Issued by tho execu-
tive committee for said election as a can-
didate for tho office of . I pledge
myself to abide tho action of said primary
election and to support all of Its nominees,
and 1 will pay any assessment that may bo
levied ugainst mo by tho executive com-
mittee for expenses in conducting said
primary election. Yours respectfully,
The first to submit his name was Ed F.
Dupree. candidate for county clerk. Others
who have done so up to date are Albert
Erichson. Chas. B. Fltze, candidate for jus-
tice of the peace of precinct No. 1. Geo. B.
Grigrrs, candidate for county attorney, and
H. M. Curtin for tax collector.
La Porte KucnrMlon*.
Houston, Tex., May 15.—Society people of
the city are looking about for summer re-
sorts and diversions, and It appears that
there is a very strong disposition among
and have their fun during the resting sea-
arid have their fun druing tho resting sea-
son. There is a movement on foot, headed
by Mr. Spencer llutchlns, well known hero
and in other cities of tho state, to have a
big excursion down to La. Porte next
Thursday afternoon to participate In tho
dftligliU of a grand ball to bo given that,
Bujac.
Marche aux Flambeaux. Two pianos:
eight bands Scotson-Clark
Misses Genevieve Johnson. Eva Tuggle,
Bobbie Crank. Dr. Minnie C. Archer.
March. Two pianos Kulie
Mrs. Henry C. House and Mrs. C. A. Bujac.
Tarentelle do Rossini. Two pianos; four
hands .Liszt
Misses Etta Davis arid Celeste Bujac.
Tarentelle Pieczonka
Miss Celeste Bujac.
Fantise. Two pianos; lour hands
Mendelssohn
Misses Etta Davis and Celeste Bujac.
Last Hope Gottschalk
Miss Etta Davis.
Marcho Triomphale. Two pianos; four
hands Goria
Miss Genevieve Johnson and Mrs. C. A.
Bujac.
Violin Solo Gade
Mr. Mason, accompanied by Mrs. C. A.
Bujac.
Vocal Solo—For All Eternity...Mascheroni
Mrs. E. A. Peden. accompanied by Miss
lTortense Allen.
Zampa. Two pianos; eight hands...Herold
Misses Etta Davis, Celeste Bujac, Dr.
Minnie C. Archer, Mrs. C. A. Bujac.
Violin accompaniment by Mr. Mason.
John Aillcr's Death.
Houston, Tex., May 15.—When John Adler
died at St. Joseph's infirmary last night
Ruby Turner, at 61S Prairie avenue, was
taken in charge by the police and an inves-
tigation was immediately * commenced to
determine tho cause of Adler's death.
The cause of Ruby Turner being placed
under surveillance was that on last Satur-
day she struck Adler in the stomach with
a plate, and as he went to the hospital im-
mediately after this and never ^covered
she was arrested and an investigation com-
menced by Justice Mahoney, the result of
which seeins to exonerate the woman from
any blame.
She and Adler were friends, and she had
been visiting him at the infirmary during
his illness and was with him but a few
hours before he died,
To several friends just before his death
namely, L. Wellenbach, J. Edistine and
Pete Tighe, he made the statement that he
did not blame Ruby in the least; that they
were simply frolicking, and it was in play
that she struck him in the stomach with
a tin plate; that there was no malice what-
ever in the act and no intention to inflict
bodily harm.
Before this testimony was gotten before
the coroner, however, an autopsy had been
ordered, and at 11 o'clock this morning Dr.
Urwitz and several other physicians as-
sembled at Weslheimer's undertaking es
tablishment to make a post mortem exam-
ination. Several of the friends of the de-
ceased were present and interposed such
strong objections to the autopsy being per-
formed that Justice Mahoney was again ap-
pealed to, and the evidence as above stat
ed being presented, he revoked his order
for an autopsy and the operation was
abandoned.
To a reporter Dr. T'rwilz stated this
morning that Adler died of peritonitis
which may have been superinduced by ex
ternal violence or from internal disorders
causing inflammation.
Adler has been In Houston about two
years and has no family and no relatives
here, but a mother living in New York
who has been advised by wiro of her son's
death.
Tho case of Ruby Turner, set for trial
this afternoon, was continued till to-mor-
row forenoon. There were a dozen wit
nesses in the case in court ready for trial
this afternoon,
Ileal Estate TranKfCrn
Houston, Tex., May 15.—Tho following
were filed for record to-day:
Frank Ilalfe to J. G. Tod, county Judge,
G4.89G square feet out of the Alfred Keuyon
labor of 177 acres, containing l1^ acres; $1.
Burton Fleming and wife to Jesse Flem
ing. two lots of ground 50x100 feet, out o
Burton Fleming ten-acre tract in Henry
Tierwester survey; love and affection
and $1.
Jessie Fleming to J. V. Fourmy, two lots
of 50x100 leet out of Burton Fleming ten-
acre tract in Henry Tierwester survey; oth-
er considerations and $30.
Omaha and South Texas land company to
Mrs. Mary ii. Cumming, lot 10. block 158, at
Houston lb .lit •' •>'
Homo building company to E. L. Alexan-
der. lots 1 to 1-'. both inclusive, block 1; lots
1 to 0, both inclusive, and lots 10 to 12, all in-
clusive, block 2; lots 4 to 9, both inclusive,
block hi; lots 7 to both inclusive, block 71;
lots 7 to 9, both Inclusive, block 84; lots 3
and 4, and lots to 1' both Inclusive, block
100; lots 1 to s. both inclusive, block 72; lots
1 to 10, both Inclusive, block 77; lots 1 to 4,
both inclusive, block 7!'; lots 4 to 5). both in-
clusive. block 99; lots 7 to 12. bath inclusive,
block 13; all at Brunner addition; other con-
siderations and $1.
Homo building company to E. L. Alexan-
der. lots ti, 7, 8, l) and 10, block 9; lots 3, 4,
5 and ti. block 14; lets 7, 8 and 9, block 20;
lots 3 and 4. block 73; lots l and 2, block 78;
lot 5. block 71*; lots 1 and 5, block 70; lots 4
and 5. block 91; lots I. s. 0 and 10, block 04;
lots 7. 8 and 9, block 112; all in Brunner ad-
dition; other considerations and $1.
l-;mlle Levy and wife to W. W. Otter,
block 90, in Brownsville; $100.
S. S. Brown to J. A. Windom, lot4? 19 and
20, block 2, in Belle l'laine addition; $250.
T. D. Mitchell et al. to Mary Shaw, lot 5,
block 18, In the Parker Smith addition; $300.
.!. C. I lutcheson et al* to T. I >. Mitchell,
lots 4, 5 and 0. block IS, of the Parker Smith
addition; $025.
P. 11. Stein to James M. Burroughs, 27Vi
acres, also 122\U acres out of Chauucey
Goodrich survey; other considerations and
$10.
P. H. Stein to Lewis R. Bryan, 41.5 acres
out of Chauneoy Goodrich survey; other
considerations and $10.
James M. Burroughs to Lewis R. Bryan,
20 acres out of the Burroughs tract in
Cha.unoey Goodrich survey; other consider-
ations and $10.
J. J. Burroughs to James M. Burroughs,
all right, title .ind interest In 01 acres in the
H. B. Prentiss survey; also 307 acres out of
Chauncey Goodrich survey; also 200 acres
in Harris county; consideration not given.
J. V. Fourmy to Jesse Fleming, 2,._> acres
out of the Eli Nolan survey; exchange of
property.
THE HIGHER COURTS.
A Veteran's Friend.
Houston, Tex., May 15.—Captain Jack
White, the old confederate veteran, one of
the survivors of Dick Dowling's famous
forty, left a few days ago for New York
to have a difficult operation performed.
Dr. George A. McDonnell wrote a letter to
Dr. John A. Wyetli, the famous surgeon,
beseeching his good offices for the old vet-
eran. and to-day received the following
reply:
Yours of the 5th Instant received. Send
Captain Jack White at once. Will take
great pleasure in doing anything In my
power lor him, JOHN A, WYETH.
•
Drowned In I he llayou.
Houston, Tex., May 15.—Justice Mahoney
went out this morning and held an inquest
over the body of a 11-year-old colored boy
named John Banks, who was drowned In
White Oak bayou near Beauchamp Springs.
The hodv was recovered soon after tho
drowning. From the evidence it appears
that Banks was in a small boat with an-
other bov about the same age. They com-
menced to rock and Banks, becoming
Summer Miflit Concerts.
Houston, Tex., May 15.—It is learned that
the management of the summer night con-
certs of the Turn vereln is to light the gar-
den with many incandescent lights distrib-
uted among the branches of the trees and
swung from wires along the promenades.
Last summer arc lights were used but
made a light so glaring that it was con-
sidered undesirable, hence the change. The
mellow and soft light of many Incandes-
cent knobs will produce a very pleasant
effect.
It is understood that the musicians have
not been selected and that the contract will
not be given to any one organization or
aggregation. This is done in the interest
of variety, as there is generally expressed
less desire to have music of a certain kind
at one concert and a change for tho next.
The proposed plan has been approved by all
members to whom it has been explained.
In this way string or brass music can be
alternated and an occasional song intro-
duced.
The new plan contemplates the engage-
ment of outside attractions of a high order
at intervals during the summer.
There will have to be about 225 tickets
sold to carry out this plan.
Locnl llaMchall.
Houston, Tex,, May 15.—There will be a
•hotly contested game of baseball at the
league park to-day between the H. S. Cs
and U. T. Ds., two prominent social or-
ganizations composed of Houston's young
society folk. An admission of 10 cents will
be charged; ladies admitted to the park
and grand stand free. The game is to be
called at 4.30 p. m.
Salts Filed.
Houston, Tex., May 15.—The following
suits were filed to-day in the district
court:
Lucinda A. Jeffries vs. F. F. Chew, sr.,
to cancel deed, the land being half interest
in 50 acres of land in Houston, part of S.
Harris grant.
Ullmann. Lewis & Co. vs. Hattie I. Shear-
er et al., debt In the sum of $600 on a note.
J. II. Burnett vs. Conrad Schwartz, debt
of $863.32.
J. H. Burnett vs. H. T. D. Wilson et al.,
debt of $853.33.
Charles Telschow et al. vs. Young W.
Grizzard et ar.. debt and foreclosure, the
sum being $1600 in five promissory notes,
the land involved being 20 acres of the
south half of the John Rieman league on
the north side of Buffalo bayou.
Suits were filed by F. P. Olcott against
these defendants for debt and foreclosure
on certain lands in Texas: T. W. Donahue
et al., Crockett Rowan et al.. G. Tabb, P.
Primm et al., W. H. Smith et al., C. C.
Wells et al.. John Wesley et al., A. Laird,
R. E. Dunlap et al., W. C. Young et al.,
W. F. Gill et al., Wm. Ligon, Wm. A. Hall,
W. Gullom et al. and Alex Meyers.
James R. Stanford vs. these defendants:
M. L. McAndley, E. P. Anderson, jr.. et al.,
J. M. Johnson, A. J. Mullenlx, W. P. San-
ders, J. H. Rider and J. F. Johnson.
Civil District Court*
Houston, Tex., May 15.-W. Donavant vs.
B. A. Reisner et al.; continued by agree-
ment.
J. C. League vs. J. M. Coleman; jury to be
charged to-morrow forenoon.
A. Bonner vs. Texas and New Orleans
railway company; on trial.
E. A. Hudson vs. George Ellis; still with
tho jury.
Justice Malioney's Court.
Houston, Tex., May 15.—Kate F. Fisher
vs. Louis A. Gastonelle; judgment for de-
fendant
J. R. Merkel vs. Alice McGlone; Judg-
ment for plaintiff.
J. R. Merkel vs. M. Burns, garnishee;
dismissed.
County Court.
Houston, Tex., May 15.—The following or-
ders were made oh the civil docket of the
county court by Judge John G. Tod to-day:
S. Westheimor & Bro. vs. R. D. Steele et
al.: continued generally.
Meyer, Kalin & Freiberg vs. H. Sass;
leave granted plaintiff to tile second amend-
ed petition.
Frank Dunn vs. Phoenix insurance com-
pany; case on trial.
Thos. Harris vs. Missouri, Kansas and
Texas railway company; jury out.
The Martinez cigar factory vs. Anheuser-
Busch brewing association; jury still out-
Town Notes,
Houston. Tex., May 15.—There is to be a
meeting of the Seabrook town lot and im-
provement company at their offices in this
city to-morrow afternoon at 4s o'clock. The
company is making some important im-
provements that will engage the attention
of the meeting for a time.
The Sunday school of the First Baptist
church will have their picnic at Forest
park to-morrow. The cars will start from
the church on the Fannin street line at 9
o'clock. All intending to go out should bo
at the church at 8.30 with their baskets.
Parents of the children are cordially in-
vited to come with them.
There will be a social entertainment, con-
sisting of music, recitations, tableaux, etc,,
given by Charlotte M. Allen council No.
118, National fraternal union, to their
friends on Wednesday evening, May 20, at
Saengerbund halL Refreshments will be
served free.
The next meeting of tho Ladies' singing
club will be held in the studio of the
musical director of the club, Mr. W. S.
Mason, 304 and 305 Mason building, to-
morrow afternoon at 5 o'clock. The studio
will be permanent headquarters of the
club.
A deed of trust was filed this morning
by Frank Golin, in which he conveys to
Messrs. A. W. and B. F. Boyd, ^attorneys,
his interest in forty-nine acres of land,
known as Germanfown, to secure the pay-
ment of a debt of $2000.
The McKee Street Methodist and Second
Presbyterian Sunday schools will have their
annual picnics at La Porte, on tho Galves-
ton, Houston and La Porte road, and all
expect to have a good time.
C. Grumbach was appointed temporary
administrator in the county court to-day
of the estate of John Adler and has fur-
nished bond in the sum of $2000, with J.
W. Jones and Simon Roos as sureties.
The market people are to have a big dis-
play at the big market to-morrow after-
noon, consisting of vegetables, fish, crabs,
fruits, meats and other delicacies of the
season.
There was a special meeting this after-
noon of the Ladies' parish association at
the parish house of Christ church.
There was a meeting this evening at 8
o'clock of Houston lodge, Knights of Pyth-
ias, of this city.
Personal Mention.
Houston, Tex., May 15.—Sheriff Erichson
has returned from San Antonio, whither
lie went to escort Charles Allen, an at-
tached witness in an important case.
Colonel Tom M. Bowers of Crockett is in
the city. He is much pleased with his new
home in what he regards as the garden
spot.
Colonel George W. Cleveland, formerly of
this city, is here to-day on a visit.
Hon. James F. Miller of Gonzales ar-
rived in the city this afternoon.
Captain Charles Moore of Galveston was
in the city yesterday.
Mr. C. W. Butcher and wife of San An-
tonio are at the Capitol.
C. H. Robinson of Huntsville registered
to-day at the Capitol.
Mr. and Mrs. Fred Way of Dallas are
guests of the Capitol.
Captain James Bates of Brazoria county
is here to-day.
A. F. Cannon of Dallas was in the city
yesterday.
J. Bouldin Rector of Austin is at the
Hutchins.
II. S. Cooke of St. Louis is at the Capitol
hotel.
SYNOPSES OF OPINIONS HANDED
BOW N IN THE SIPHKME COLItT
OF TEXAS ON
1896.
ptsaliigxi'sfsa litsaVJtMiifsa
Pen and Pencil Stamps.
Look ot This!
IMPORTANT POINTS RAISED,
11. II. (ininn Chief Jnstlce, T. .1. Brown
and 1j. U. Deuiiiuii Associate*;
C. S. Morse Clerk.
M. S. Waller vs. Chas. H. Leonard—Writ
of error from the First district: Trespass
to try title to recover the Bousse tract ot" I
land, bought by Leonard. Waller relied
upon the ten-years' statute et' limitation
and proved that his vendor, Tacquard,
from 1S79 to 1S92 had this tract with others
inclosed in a pasture used by him for pas-
turing horses and cattle, and that in 1*512
Tacquard conveyed said Bousse tract to j
Waller. Plaintiff contended that Tac-
?) uard's possession was not adverse and
was not commenced and continued under a
claim of right.
1. To show the character of ttie posses-
sion by Tacquard it was admissible to
prove that during the possession by him,
he, in answer to questions, stated that he
did not claim other tracts in the pasture;
that he claimed no tracts in the pasture
but that which he had bought and paid for,
and that he claimed no land by limitation.
It was also permissible to prove that dur-
ing the possession he purchased and pro-
cured deeds to uther tracts in the pasture;
that he caused his bookkeeper to ptepare
a list of lands from his deed.;, which he
pronounced satisfactory and which did not
include the Bousse tract: that the lands
rendered by him for taxation in 1VJ1, sworn
to by him to be a complete list, did not
include the Bousse tract, and that there
was no reoord of a deed lor the llousse
tract to Tacquard. These were all circum-
stances tending to explain the possession
held and asserted by Tacquard by means of
the inclosure.
2. Plaintiff was allowed to testify that
during Tacquard's possession one Adriance
came to plaintiff representing himself as
Tacquard's agent and olferine to buy the
Bousse tract for Tacquard. This was ob-
jected to ti) because the agency could not
je established by the agent's own declara-
tion, and (2) since the agency was not es-
tablished wliat Adriance said was hearsay.
There was no other evidence as to the
agency, and the court of civil appeals con-
ceded that the evidence was erroneously
admitted, but held that since "the other
uncontroverted testimony repelled the con-
clusion of an adverse claim to the land, the
error was harmless." This court is of opin-
ion that the Jury might have found from
the evidence offered by the defendant that
Tacquard's possession was under a claim
of right inconsistent with and hostile to
tho claim of another—especially so as Tac-
quard was dead and the parties were forced
to rely upon circumstances to establish his
intent. In this state of the evidence the
court can not stw as a matter of law that
the improper admission of any circum-
stance tending to show such intent was
harmless. The evidence was material and
cogent.
;i. Defendant, aslted one of his witnesses:
Did Tacquard ever claim to you that he
did own the Bousse survey? i ihjectlon was
made and the answer excluded. The bill
simply states that "to which plaintiff ob-
jects." The witness would have answered
that Tacquard always claimed to witness
that he owned the land and claimed that
he had a deed for same, for which he and
witness had afterward searched. There
can be no question as to tho competency
and materiality of this evidence, but tho
court of civil appeals refused to consider
the assignment based on its exclusion be-
cause "the objection taken to it is not stat-
ed in the bill." The plaintiff only made a
general objection if the bill Is taken as
stating the very objection made, and would
only he good in case the question was not
calculated to elicit competent and material
testimony. The trial court erred in sus-
taining the objection. Reversed and re-
manded. Opinion by Denman, J.
« • •
Moon Bros', carriage company et al. vs.
Waxahacliie grain and implement com-
pany el al.—Application for writ of error:
In the case of Urr & Lindsey shoe com-
pany vs. Thompson (present term) it was
held that after a corporation becomes in-
solvent and ceases to carry on its business
creditors can not acquire a preference lien
upon the assets by attachment or other ju-
dicial process. There are expressions in
the opinion of the court of civil appeals in
this case which conlllct with tills view.
The case, however, was correctly decided
and the writ must be i-efused. The corpor-
ation, though Insolvent when the attach-
ment issued, had not ceased to carry on
business in the usual course of trade, and
the point had not then been reached when
the property of the corporation could be
deemed a trust fund for the benefit of all
its creditors alike. Refused. Opinion by
Gaines, C. J.
That Meteor Ajtnlu.
Conroe, Tex., May 15.—To The News.
Respecting the meteor spoken of some days
ago in your columns by correspondents at
different places and also again in to-day s
issue by S. O. Y„ wanting more informa-
tion etc.. I will state that it was clearly
visible here in Conroe and noticed by sev-
eral, lasting, 1 suppose, between three and
five seconds. 1 was sitting by a window
in church and the brightness of the light
attracted mv attention to it; others as well.
It passed In a northwesterly direction, as
other reports confirm. As to an idea of the
angle I could not say. A. fc.. GILHMtT.
Egyptian Cotton.
Calvert, Tex., May 14.—Yesterday Mr. R
S. Peters received through Messrs. 1
Fadden two packages of Egyptian cotton
seed direct from Cairo, Egypt, lhe seed
will be planted on the Box Quarters plan-
tation and a test made of it. it this cotton
can be successfully grown in this section
tho protlt to planters will he a very im-
portant Item, as it brings about u cents per
pound more in the market than tin; or. i-
nary cotton. The experiment will be
watched with considerable interest by the
farmers in this section.
Kenedy Notei*.
Kenedy, Karnes Co., Tex., May 15.—The
confectionery storo of H. M. Hunter was
burglarized last night and a quantity of
goods and about $3 in change was taken, as
was alio a hit ot pocket knives.
The protracted meeting being held In the
Methodist church continues with good at-
tendance. So far about ten additions havo
been made to the church. The meeting is
being conducted by Rev. Wanton of Nash-
ville, Tenn., Rev. S. Gardner of Goliad and
Rev. C. Williamson the pastor.
l>r. F. J. Craddoek and S. H Leather-
wood of Covington, Tenn., have been in
Kened|r during the past week looking for
farming lands for about twenty families.
They were shown all over this community
and were well pleased with Karnes county*
Your name and address on this
Pen, Pencil and Self-Inking
Combination
and a bottle of ink for only
20 Cents
vr
BERLIN PEN ASVD PENCSL STAMP.
MANUFACTURER OF
I! \
Lo
ittaa
AND DEALER IN
m
n
ETC.
(Upstair
218 TREMONT STREET
AL' O STATE AGENT FOR THE
sm-,.
EVERYWHERE.
AGENTS WANTED
Don't forget the place:
UP-STAIRS.
•'Mm
\s.
SMALLPOX.
Pntlent* HlsclinrRPil.
Orange, Tex.. May 13.-Th© last patient
was discharged from the pest house yes-
terday. and the city physician made hia
final report, which was acted on by the
citv council la.-1 nlKlil; Seven smallpox
cases were treat-,1. all of them guccesMiflly.
The sickness never got bejond the house
in which the lirst patient was discovered.
Quito a number of persons had l>een ex-
posed before the attending physician pro-
nounced It smallpox, all of whom were iso-
lated but tlie> were promptly vaccinated
and nono of those not living on the prem-
ises with the tirst patient took it. lhe cost
of treating the sick, guarding, teediny,
bedding and fuel for those who were iso-
lated amounted to about $ll»00. to he . 111 tal-
ly shared by the city and the county gov-
ernments.
A False lleport.
Colmesnell, Tyler Co., Tex., May 13.-Con-
fusion and excitement has grown out of a
it-port circulated several days ago that 1
case of smallpox was in the county near
WoodvlUe. An investigation of the mat-
ter elicited that Minister Moyo had been
in some of the upper counties lately, and,
returning home, had stopped at Harnum.
holding services there several days, and,
going awav, was taken 111 several miles
south of there between WoodvlUe and tho
Indian Village. Some one repfll-ted that
he had been in the infected communities til
the upper counties and that his malady
bore every semblance of smallpox. This
storv was'the basis for the report. Dr. K.
H Parsons went from Harnum, at the in-
stance of several citlnens there, to investi-
gate and report upon Mr. Moye's disease,
and returning hofne, has given it out that
Mr. Moye had fever, but no indications of
smallpox whatever.
RATES WILL UK LOW
To FlttHbnriili anil Wnahinicton.
Excursion tickets to Pittsburgh via Van-
dalla-Pennsylvania Short T.ln.-s from St.
Louis will be sold May 2t, 25 and 26, account
Prohibition National Convention, and June
0 7 and S for North American Saengort'est
To Washington, L>. C„ July 4. 6, 6 and 7.
for Christian Endeavor Convention. Ad-
dress W. P. Brunner, A. U. P. Agt., St
Louis, for particulars.
IIAMvKKS
The State \H«oelatloii Will Meet ill
Dallas Next Tuesday.
Dallas, Tex., May 15.—The State bankers'
association will meet In Dallas on Tuesday,
May 19, and will adjourn Thursday, May
21. About 200 members are expected to
attend. The local committeemen on enter-
tainment met yesterday afternoon, it is
composed of the following gentlemen: Ma> -
ot Frank P. Holland. Royal A, Ferris, E.
O. Tenison, Paul Furst, E. J. Gannon,
D. Estes and I.. T. Tune. In addition to
the regular programme, heretofore pub-
lished, it was decided that on Tuesday tit 4
p. m. a luncheon would be tendered the \ is-
itors at the Dallas brewery: Wednesday at
'.i p. ni.. a reception at the Oriental hotel;
Thursday at 4.30 p. tn.. a bicycle race at the
fair grounds, and trom 0 to 11 p. m. a re-
ception at the Dallas club rooms. Adams,
the famous boy wonder of Fort Wortii, and
other crackerjacks will contest the bicycle
''"We shall make it lively for tho visitors,"
=aid Mr I.. T. Tune to a News reporter,
"anil arrange l'or other ■amusements it the
delegates .hist intimate that the programme
is not complete."
Trial of Smith and 'Wife.
Navasota. Tex., May 15.—The examina-
ing trials of Tom J. Smith, accused of kill-
ing O. W. Landry, and Ills wife, Maud A.
B. Smith, who was arrested as an acces-
sory, were held before Squire Forrester to-
day. After examining a portion of the
witnesses for the state and defense Sinitti
was committed to jail without bail and his
wife placed under $500 bond.
Ti1. following irefdar was issued by the
elders of the various colored churches: "In
view ol' the fact that the recent tragedy
which has agitated our city from center to
circumference litis engendered a bitterness
of feeling between factions which should
not exist in a community where all ought
to dwell together in peace and good will,
a mass meeting of the colored citizens of
Navasota is eaHcd to meet at the Truevine
church tit < o'clock to-night to take steps
toward bridging over the present difficul-
ties."
EXPRESS
SHIPMENTS
ICE
Largest Ice Plan! in Texas,
Three Ice Machines, 450 tons daily capacity,
solicit orders for carloads and
We
ICE
PROMPT
SHIPMENT
GUABANI'D.
AMERICAN BREWING ASSOCIATION.
HOUSTON. TEXAS.
ICE
"THERE IS SCIENCE IN NEATNESS,"
BE WISE AND USE
SAPOLIO
I.oiIkp «p«ni»l»'d.
Milano, Milam Co., Tex.. May 14.—G. C.
Fahm, grand secretary of tho Independent
Order of Odd Fellows, Instituted ;i Ro-
Inkah lodge here last night, consisting nt'
forty i'h;n t< r members. Officers oWied are
Mrs'. J. Al. Proctor, noble grand: Mrs. (>. .1.
Newton, vice grand: Miss Nittie Kvard.
secretary; Miss Emmie Adams, treasurer.
The lodge was styled Milano Rrbekah lo-L;e
No. 13G. A magnificent spread was last in
order.
BRAND
. :'\,w
■ lis Arm rut oil',
Industry, Tex., May 13.—Mr. Julius Stern-
enberg's team got unmanageable one mile
from town yesterday, running away,
throwing Mr. Sternenberg under the wheel
and mashing one of Ids arms oil abov<' the
elbow, lh'. It. K 1<nolle was called at
once, and reports Mr. Rternenbcrg doing as
well as could be expected under existing
circumstances this morning.
MO KEST
NO SLEEP
DAY OR NIGHT
My hands were completely covered with Ec-
zema, and between my fingers tho skin was
perfectly raw. I had to sit with both hands held
up, and away from the fire. My husband had to
dresH and undress me like a tmby. 1 tried tho
best physicians, but their medicines gave me no
relief, and drove mo almost crazy. 1 was ad-
vised to try OimcuRA Rkmlmes, and did so,
although my husband had to go twenty miles to
get thorn. As soon as he got back, i uoed tho
OrTiecRA, and in Jive minute* after the first
application I u-(is perfectly ea-iy, and slept
soundly all that night. Before I commenced
nsinv the Ooticitra Kkmrpifs I could get no
ease nUht o» I could not bear to getw aim,
it would put uir» in a rago of itching. I always
keei> the CYthtka Kkmedieb lu my house now,
riu1 recommend them to everybody, because of
their wonderful effect. Yours gratefully,
AUN KS M. H ARKItf, P"»h, Mecklenburg Co. \ a
SprHdt Cue* Thratmsnt for Torti'EIeo, Di«*
Fi' ' Yin i Ili'HoRS. Warm baths with CuTieeEA Soap,
elntlo ftprllcstion# of Cutkm ra (ointment), the pront
Son euro, an A mlM dotes of Cuticika Rrsolvrnt,
greatMt of humor cures.
Solit throughout tho world. Price. CoTirvRA, SOc.j
goir 2.*'.; Ur.soLVKST, S0o. and ft. loitsu Druo
and On km. Co EI'., Sole Props., Boston.
Bur " How to Cure Torturing Sklu Diseases, free.
Or. Lyon's
PERFECT
Tooth hwim
m ELECANT TOILET LUXURY.
Used by people of refinement
for over a quarter of a century.
\OTH FS.
TO CONTRACTORS.
Sealed proposal* will bo received at tho
of lie o of Alt'iv.t Mnlbr. architect, until 5
p.m., Thursday. May 21, ISiiii. for all labor
and material r'^uirnl for the remodeling
of the Cotton i'-uikiing. situated on Me-
chanic street. N<>. tilli Oalvrston. T'-'xas,
according to plans and specifications and
condition clause- on tilo at the oflico of tho
above named architect. The right is re-
served to reject any and all bids.
\\ . B. FORDTR IN,
A. HKIDKXHKIMKK.
Galveston. May 12. 1896.
Hits to
10.
The state and county collector of Galves-
ton county will receive delinquent taxr-s up
to a.nd including June 1. A. IV \>'">. at'top
which date the delinquent list will be pub-
lished according to law in the Calv-si^ni
Tribune, and costs will accrue from thatj
date.
By order of the commissioners court oh
Galveston county, Texas.
Attest; >l. T.AW, JR.,
Clerk of the Coumy Court
r,y G. V. lil KGKSS.
.1 >eputy.
* — —;
UU. VL NOTICES.
st tmr.ic itusoiiTs.
Eureka Springs,
ARKANSAS,
Is situated in the heart of the Ozark
Mountains, elevation above sea 2000 feet;
cool and bracing climate; wild and beauti-
ful sc nery.
Unrivaled Medicinal Waters,
On account of waterworks and sewerage
just completed, the sanitary conditions are
perfect. Hotel and boarding house accom
molindone ample. CRESCfcNT HOTEL, j knowing or having am tiling t.. <ay
the tinest and best in the southwest. RE- the same should not l< condt m
PLVEL* ROUND TRIP TICKETS on sale
from all points on the SANTA KE ROUTE.
For descriptive pamphlets, apply to Mana-
ger Crescent Hotrl. For rates and time ta-
bles call on any ticket agent, or address
W. S. KEENAN.
General Pnssengor Acont, Galveston, Tex.
THE SKJU-WKEIiLV ftKWS.
$1 a Year,
MONITION.
IX THE VXITEP STVTl'S niPTRlCU
Court l'or tlif )■:.'.stern I'siri.'t ol t
No, ... —tn Ailmlraltj John A. Matson "t
al. vs. Schooner I'mnia Thornton, tor
taokle, apparel, etc. "twiHj>in'« lo .< war-
rant ot' seizure t.» mo Oil •. ted. in the ilm\ ti
entitled cause. 1 havo - -im! an.l taken into
mv possession tho lollowing d'-'sei ibnl
property, to-wit: Schooner Emma Thorn-
ton her tackle, apparel and furniture, lor
the cause set forth In the libel now pend-
ing 111 tho I'lilted States Wstrlot Court lor
the Eastern l>is,rl,t of Texas, at Halves-
ton I hcrebv give notice to all p.?sons
claiming the said described property
anil
forfeited, and the proceeds thereof dlntri*
uted according to the prayer of tm»
that they be and appear before th"
court, to be held in and for the Eastern
district of Texas, at the United Statu
Court Room in the Citv of tJalveston, oil
the 25th day of May. 'vm;, at 10 o clock oil
the forenoon of that d.i> it th»- sanu shall
be a day of Jurisdiction. otheiwis> on inn
next day of jurisdiction then-aftei. then
and there to interpose a. claim for tho sanui
and to make their allegations in that bo*
half S. \\ l Liu A MS.
U S. Marshal. Ka.strrn District of Tc\u.J*
By WM. k\ OWENS, Deputy,
libel,
t
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The Galveston Daily News. (Galveston, Tex.), Vol. 55, No. 53, Ed. 1 Saturday, May 16, 1896, newspaper, May 16, 1896; Galveston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth465430/m1/3/?rotate=90: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Library Consortium.