Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-05-25

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April 2ih lHlL
The District Court convened here lisI
Mohday. The onioefs NJ The court we're ~.
follows Judge uooi II Dallas, presiding
Tia Wklns NJ Wasahaiohlc, stais Aiiorney
n. N. Whiieside, sheriff whitaker Clerk
The Grand Jury we're on the ground
promptly, aud labored indusiriously until
Friday, when they we're discharged viii
the compliments of his Honor. The result
Of their Investigations was eleven true bills
aud II Il safe 10 conclude that they will
form the ground work Of Inquiry with re
gard 10 40 many missing cattle or horses
at the next term Of the court, Few cases
Of special importance or Interest we're
tried | noticed one case having political
bearing. II was suit To enforce payment
Of note, given, | believe, In 1864, for a
negro slave, Counsel for defence resisted
payment on the groun Of no valid consid'
Grafton in the negro; that by virtue Of the
Proclamation Of President Lincoln there
was no lawful property IN slaves at the
time the note was given, and that the cofE'
could not judiclally know or recognize any
government or authority as existing here
at that time, either de Jdeto or dc Jure, in
dependent of the authority Of the United
States, which the Govern ment of the United
States had not officially recognised MS such,
The Judge in deciding the point, cOncurrcd
W it'll counsel for plaintiff that slavery did
exist in this State at the time the note was
given, Notwithstanding the previous eman-
cipation proclamation of Lincoln.
The great event of the session was to
have been trial for murder; but the trial
was brought to q strange, If not lulicrous
termination. A special summons for forty
men was sent out, from whom to choose
twelve "good and true" who, "from hearsay
or otherwise, had not formed or expressed
an opinion" 60. At length, after tedious
prelimin9ries, the jury was selected and
sworn; the Judge had settled hims elf upon
the softest place of his rude bench; the jury
were "all attention." the estate" was unu-
sually busy among his papers; the crowd
of people pressed up closer to the bar; the
long ind ictment was solemnly read, and
all awaited in breathless silence the pro-
ceedings of the trial. What says the pris-
oner to the indictment? "Guilty or not
guilty2" At this point the counsel for de-
Tense quietly and cody remarked: "May
it please your Honor, we deny that the in
dictment just read is the act and deed Of
any Grand Jury of Erath county, aud be-
fore the prisoner is compelled to answer
guilty" or "not guilty" we purpose to try
that question before this jury" Surprise
was visible upon every countenance. The
question was tried, and one Grand. Juror
after another of the year 1866, testified
that he had never been called to act upon
any such bill as the one just read. AT last
the foreman of the aforesaid Grand Jury
was called to the stand; he, too, knew
nothing of the bill. as this your. sigma
ture, Mr.. M? at isl Here was q mud
die that almost ruffled the serenity of his
Honor. An Indictment for murder in due
form and with the proper official endorse
ment had come up solemnly before court;
great preparations had been made; the
mountains had labored and brought forth o
very idicuius mus.
The final explanation was as follows;
When the courthouse of the county was
burned many papers were consumed, among
them the original indictment in this case.
Substitutes for the papers lost were made
out by the District Attorney last year, and
presented to the foreman for the action Of
the Grand Jury. But this Indictment, by
mistake, was not presented to the jury for
their action by the foreman, though in the
multitude of papers at the close of the ses-
sion he had signed the paper in question.
The trial closed and the prisoner was bailed
for his appearance at the next court.
only repeat what hear when say that
Judge Good stands well with tile bar, jury
and people of his District, and when ''off
duty" is as entertaining and agreeable q
gentleman as one need to meet; and If one
can Judge from a genial, good-natured face
or general demeanor upon the bench,
should say that malice or prejudice would
form no part of his decisions between his
fellow-citizens. He regretted that any
questions of political nature should come
before him at this TINA, preferring to wait
the action of higher tribunals.
find the Pecos gold fever on the increase
as | travel up-country. Great confidence
is expressed in the richness of the mines.
Several have left the county during the
week to join the great caravan that is
about to move from the Concho. If favora-
BILE reports continue to arrive they will
soon produce wonderful effect upon this
portion of the country. Some have already
left their farms untitled in pursuit of the
yellow, not "dust," but Jumps
One of the severest Indian fights of the
season occurred few days since in Com
anche county. For four hours twelve white
men fought sixteen Indians, but, strange
to say, only one Indian is reported as hay
ing been shot dead, though five or six were
taken away on horseback severely wounded.
Those acquainted with the circumstances
say there is no doubt of its having been a
desperate contest.
Crops look better in this county than
any have noticed elsewhere, and the peo-
pie have high hopes in this respect.
should say, without an accident, abund-
ance of corn and wheat will be produced in
this section of country | am surprised to
see the peach trees full of peaches. The
difference in this respect between this
country and ours is doubles owing to diff
ference in latitude. Spring come on ear
lier with US, the trees put forth, and the
young fruit was killed by the succeeding
cold. Here the trees were not in bloom at
the time of the cold spell. There will also
be considerable fruit, am told, in Cosque
1890. w r G.