The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1874-05-13
Arkansas.

the five Judges of the Supreme Court
met inside Brooks line this morning
and delivered an opinion in the case
of Joseph Brooks vs.. Henry Page,
State Treasurer; in which plaintiff
prays for writ cf mandamus against
the Treasurer on account Of the re-
fusal of the latter to pay one thou
sand dollars on warrant issued by
Brooks, as Governor. The opinion,
after detailing the allegations and
proofs, concludes as follows: I'VE
are of opinion that the Circuit Court
had jurisdiction of the subject mat
ter, and its judgment appears to be
regular ssand valid. Having arrived
at these conclusions, the demurrer is
overruled and the.writ Of mandamus
will be awarded as prayed for"
No lawyers were present, except
those who remain inside of the camp
at the State House. On the Tth Of
October last, when a full bench was
present, the court had the same ques-
ton mp and decided that the deter
mination of the question as to wheth-
er a person exercising the Office Of
Governor has been duly elected or
not, rested exclusively in the Gener-
al Assembly of the State and neither
this or any other State court had jpr-
isdiction to try suit in relation to
such contest
As the time for the Legislature to
meet draws near, men are coming IN
from all sections of the State, mostly
as rcinforcements for Baxter, though
Brooks received few men yesterday.
Brooks has organized cavalry COM
pany to do scouting duty. He has
pickets tonight out on Capital Hill,
nearly one mile from the State House.
Beyond this there is no change in
the position of the various forces
Guards are doubled again tonight
around Baxtcr's camp.
LITTLE RoCK, May S. Last light
party of Baxter men, under COM
mand of Lieutenant Welch, took
passage on the steamer Halle, which
was in charge of Captain Sam Hous-
ton and his brother, Ed Houston.
Their object was to intercept and cap
ture 16O stands of arms belonging to
the Industrial University, which were
Skinned on hat-boat from Fort
Smith Wednesday morning in charge
of six men. The Brooksites heard Of
this expedition and started Colonel
John BrOoker with his regiment o.
two hundred colorcd men on a spe
cial train over the Fort Smith Rail
road to intercept the boat at Palarn
twenty miles above this city. The
Brooks party arrived their before the
Halle got into position, and as the
boat came along they fired on her
Most of Lieutenant Welsh's mer
were on the hurricane roof at the
time, and got down below as sooE
possible. As they did IS Franl
Timons, prominent young man o
this city, and several others wounded
viz, Capt. Sam Houston, through
the body badly; Ed Houston. sprain
ed ankle; John Meyers, through the
breast; Bascomb Seigh, in the left leg
Lieut.. Welsh's returned the fire, kill
ing one and wounding another of th
Brooks men, both colored. One ofth
hsops Brooks men passed thr, ugh tn
steam pipe on the Halle, disablin!
her, and she foated down the rive
to the opposite bank from where th'
Brooks men were, and the squa'
there left the boat The Brooks mel
then took possession of the steame
put squad on her to bring her 1
town, and the remainder of them too
train and came back, arrivin:
about three o'clock this evening
Soon after their arrival the Halli
came down, and was landed at thu
State House, where the wounded
were taken off. Capt Sam Housto
died soon after the arrival of th
Halle. John Meyers, a pilct,
mortally wounded.
A large number of members OF tn
Legislature are here already, AM
unless prevented by the Brooks part.
by force there seems little doubt tba
there will be quorum in both I'ous
es on Monday. There is talk q
their meeting at some other point i
the State