davidaulloa/AmericanStories huggingface dataset:
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

We can presume nothing against the defend
ant except as conclusion from facts-the
State has the burden Of proof and must
make out her case. The charge is matter of
record-the prosecution could have obtained
copy-if the original is in existence--or
have accounted for its loss and introduced
secondary evidence, neither of these have
they done. and the presumption is that the
charge was correct or It would have been
introduced.
Then on page III the motion for new trial
assigns as reason = = Because the court
charged simple ASSAULT But this proves
nothing, unless gentlemen win insist that
everything that an attorney sees ft to put
in motion for new trial is true. II this
doctrine maintains, it is sufficient to damn
the. character of any Judge who may have
the misfortune ID sit upon the bench 70 hear
a motion for new trial He knows how at
torneys dds an attorney himself. In tho
argument of a motion for new trial, would
make the judge believe, II he could, he has
committed an error, whether he has or not.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02
IRR7GATTON IN EL PAsO.

On the twenty-seventh inst, bill to
encourage the citizens of El Paso TO irrigaie
the valley of the Rio Grande and to grant
land to aid in the construction of canals for
such purposes, was introduced in the House
by Mr.. Cards of FL Paso, and referred to
the Co mmittee on Internal improvements.
This bill provides that any town or
association of citizens, or municipality
shall, upon the completion of ditch
of general width of nine feet and an
average depth of at least four feet
properly constructed for irrigation and put
in operation, be entitled to eight sections
Of land to each mile of such ditch so put in
operation. The bill also provides that the
water flowing in said described bitches
shall be free to all who viii provide labor
to keep them clean and in repair. Such q
proposition as this came before the Thir-
teenth Legislature, but was defeated be-
cause El PasO had no one to represent its
interests. She had been sold to a set Of
political knaves who worked more to its
detnment than. otherwise. The people Of
that county now look for this justice to be
extended them by their political friends
now in the Legislature, and We hope the bin
viii pass in the shape they desire They
ask it as an act Of justice, having suffered
iEtolerable burdens and prosecutions at the
hands Of political vampires until the people
are almost in a starving condition, with ne
resources left. The country is rich in agri-
cultural capacity, and all that IS needed to
make it paradise is an abundant supply Of
water.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

have every facility for educating the chill
dren Of the community. It is said to be the
healthiest section in the world, there being
no local cause Of sickness. But in order to
cut the canal and build the college he needs
some assistance, as it will require large
outlay either in lands or money. He is now
here for the purpose d asking of the Legis-
lature donation of the public lands in the
immediate vicinity, to be disposed of to set
tiers and TO aid in completing the contem-
plated improvements. As the public lands
are held for the benefit of actual settlers, it
does seem that no better disposition could
be made of them than for the purposes
specified. The grant might be made condi-
tional upon the occupation and settlement,
within a given period; and if not occupied
by actual settlers according to the terms of
the grant, revert to the State. There could
be no injury resulting to the State, but on
the other hand, the grant might induce
many families to move into that now sparse
ly populated section, and be the means of
breaking up the predatory bandsOf Indians
who pass down to the settlements below.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02
HON. sETH sIIEPARD SEATED.

ON Thursday, the twenty-sixth instant,
the pending case, concerning the election Of
a State Senator from the Sixteenth District,
came up in regular order. Matt. Gaines
neither appeared in person nor by counsel to
advocate his claims. Col. Seth Shepard.
the contestee, however, did appear and
advocated the right Of the outraged people
OF his district in a manner highly credita-
BILE to himself and 10 the honor Of his peo-
pie. His main points Of argument in
favor Of not seating Matt. Gaines was,
that he was totally Ineligible, having
been convicted Of felony, and being
otherwise incompetent 70 al seat in
the Legislature OF Texas. He did not
claim that he had received a majority OF
the votes cast at the special elections in
Washington and BurlesOn counties, but
claimed that he had reeeivod The largest
number OF votes cast Cor any eligible can
iidate. He cited numerous authorities,
both English and American, proving that
there was ample precedent for seating can
OlAAll4 NAu aAu lNCcANtN ulllllltN NOtce,
when THOSE receiving the majority vote
were incompetent to an the ofice.
In the case IN question. he showed
there was fun determination on
the part Of certain parties in the Six
teenlh District to prevent fair repre-
sensAtion. In the fr1k in1ianee, that they
had elecisd 3 man Who hsl, e tie tine he
was needed most proven recreant % his
rusl, and had ignohly abandoned ais place
in the Senate; next that notorious fei0a
and = man whom 4 uas wen known could
not legally take his sea- vas elected by =
small majority, and thar he was before the
Senate appealing only fo- representation
FOR his people. whom desiZuinq ones were
attempting % defeat. Eis sposch WIS made
up Of the strongest srgumcnt, nothinr sa-
psrauons, everything to TIE point, and ten
ingly coayincing 90 his lighi. i the uane
a TIE inielligsnt poopls a he ilziriet, to
talsoa a seat IN the Senate 81 Texas. Alisr
he finished hls speech the question vas put
IS q uheihsr Ne wss enliiled q seal IN
the senate, and itm.s c.rried alnn.t mani
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02
TRRTGATION.


II always affords US pleasure to announce
any improvement for q general or special
purpose. We have been shown, by Mr..
Benjamin Moore, maps and drawings Of an
enterprise which he has undertaken in the
central and southern part Of Uvalde county
on the river FRO. He is at work on canal
which. having its initial point in the valley
Of the Shutin Mountains 0wO precipitous
hills o. mountains which rise abruptly
about one hundred feet) on the Frio,
win run down through gaps and natu-
raj channels q distance of eighteen
miles. Il win carry down a volume
Of water twenty feet wide and Eve
feet deep. At the mouth Of the canal, the
water WILDE used TO irrigate the richest and
most desirable bottom land in the State.
rs fertility Is said to be very great. The
canal can be tapped at different points. II
desired, and the water used On the farms.
The current win be at the rate Of four miles
per hour. Mr.. Moore proposes to donate 70
each settler, who has family city acres Of
hnd. This VIII be done IN order to get
number Of families together for protection
from the Indians. Is the canal win b cut
along the trail which they nov travel when
raidine on the country below.
He also Intends to build college on one
q fhe mountain spuTs or knobs. 50 as %
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

THE ROckwall Banner announces more
mad dogs, and says "kill your dogs or keep
them chained"
The same paper gives an account of a
terrible storm which swept over that sec
ton on the sixteenth inst. The lightning
rod on Mr.. Fletcher's house, one and a
halt miles east of town, was struck, the
shock being so severe as to completely par
alyze the whole family for few minutes.
1t is thought that the rod saved the house.
Mr.. Keizer, three miles south of town, had
his barn struck by lightning and completely
consumed, notwithstanding the rain fell in
torrents. The barn contained some two
hundred bushels of corn, considerable
amount Of hay, buggy and three or four
head of good horses. His loss is estimated
at $500. The lightning rod man will be
popular in that region hereafter, as.he de-
serves to be-
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

How sweetly sounds the word to thosg
who have tOiled day after day through the
week. From early dawn to darkenlng eve,
toiling for the loved ones At home. Work.
work, work. Press on, though nerves and
muscle can scarcely give motion 70 the
weary limbs. L wiz not do to give up.
Courage another day is past another sun
has set. A few more, and the blessed day
Of rest win give Eeposs 70 weary limbs.
Renew the confess. Wen done. The week
Is past TIE Sabbath da9ns. "Thsre il
rest Tor The weary.r The dun clouds Of
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

adversity are forgotten, for around, the wife
and children gather. and father and mother
are made happy. The sun mounts up; the
Sabbath bell calls the children to the Sun
day school. Leaving father aud mother to
enjoy the peaceful home. they run away to
the house Of God, and there learn what
great things the Lord has done. Still
higher mounts the sun. And now the ring
ing bells from every steeple peal the call to
prayer. Old men and matrons, young men
and maidens go forth with quiet steps and
thankful hearts to hear the Story of the
Gross. The evening comes on. Happy,
peaceful groups gather on the piazzas, We
randas, in shade and quiet seats, till dewy
eve lets fall the curtain of the night and
gems it with themyriad stars. Rest. The
man of labor is refreshed his muscles
bawny have again been strongly knit.
With thanks to the Great First Cause, the
Lord of all, he retires to his humble bed,
and sleep, sweet restorer, draws the sting
of every care. Renewed, refreshed and
strengthened, morning finds him ready to
renew life's battle.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02


On Thursday pending the discussion, on
motion to reconsider the vote on the adj
dress Of Judge Cooper, Mr.. Triplett said:
Gentlemen who favor the reconsideration
Of this vote urge IS their reason the action
Of Judge Cooper in his charge IN the Shep-
ard case. He had examined the testimony N
the case three times before casting his vote
-lIad examined il again to zee Il he was
mistaken, and found nothing 70 change his
former opinion; on the contrary, had no
hesitancy in asserting that the second
charge given BY Judge Cooper in the shep-
ard case was the law. notwithstanding
the indictment was Tor assault with intent
70 murder, yet, under our statute, q per
son 80 indicted could be convicted Of any
grade Of assault, below that down to simple
assault buthaving been once convicted Of
an ofense below the grade charged n the
indictment, could not, on . second trial, be
convicted Of 4 higher offense. On the first
tEial, Shepard was convicted Of assault and
battery consequently the charge Of the
oOurt was correct
Then Is Judge Cooper committed any
wrong IA the Shepard case, Il was in his
charge on the first trial As the jury had
the right II the facts justified, 70 6nd the
defendant guilty Oi any grade Of ae1auit
below that Of with intent % murder, 80 the
judge had Alright 70 charge il additOn u
charge a. contained in the indictment--
relative 70 ngrsgated assault or simple
assault. There would be 10 wrong II the
charge then-unlcss the judge had charged
as 70 simple assault only, when the indict-
ment was for assault with intent to murder.
Denied the assertion 81 the gentleman that
the presumption vas that the judge n bis
fin. charge charged 70 simple assanlt only.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02
NO. SO

THERE is great excitement in Massachu-
sets about the successor to Hon. Charles
sumner. The difficulty seems to be to agree
upon some one who viii be considered as
entirely worthy to iTl his seat. 1t is even
rumored that Beast Butler is looking askant
at the seat, and revolving in his mind the
pacticabiIity OF evolving some plan to foist
himself into the favorable notice of the
solid men and law makers of the Bay State,
so as TO secure the coveted prize. Strange
things have happened. The spoons .
man has been gradually working his way
up, to the alarm of a few, who still
have an idea that public man must not
have Itching palms. and must demean
himself like a gentleman. Could not Sim
mons give his friend Ben little push up
wardg Perhaps there is an Office or two,
of no particular use to anybody in particu-
lar, which might be thrown in to make mat
tiers pleasant. An Office sometimes does a
great deal to make men think; and then
they think so kindly if necessary, or so
fiercely, if somebody is to be injured. Dove
like nnocence-unselfish devotiOnl
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

4
Departed this life after lingering ILL
ness, on the seventeenth day Of March, 1874,
At his residence, near Columbia, Brazoria
county, Texas, Col Isaac 4. Tinsley, In his
seventy-third year. His parents, 3l0ses
Tinsley and Elizabeth Turner, were natives
Of Albemarle county, Virginia, both of
whom were closely related by blood to Gen.
Sumpter Of revolutionary fame. They
emigrated about the beginning 81 the pre-
sent century to Sumner county, Tennessee,
where the deceased was born on the tWep-
tieth Of December, 1901. His parents died
when he was quite young. An orphan, be
worked his way to the then territory Of
Alabama, where be resided for many years
and participated IN many Of the important
events which characterized the early history
Of Aaabama.
In 1880 he came to Texas and scttledin
BFazoFa county. In 1888 he returned 70
Tennessee and married Mary Turner, who
came with him q Texas the same year, and
now survives him, with large family 81
children and grandchildren, % noun bic
loss.
The deceased, together with his family,
and in common with other Texan patriots
Of that day, shared the expressions Of the
Mexican government toward the early sct-
tiers Of Texas. He took al active part h
precipitating the Texas revolution and
aiding in the success of TcxaH independ-
ence. He not only fought as soldier u
the Texan ranks, but be made large adj
Vances in money and supplies 70 sappoFf the
patriot army.
lie was distinguished By his good juilg-
ment, practical sense, varied infO1nsaiOn,
fidelity 70 duty, purity Of purpose, love Of
truth, and his patriotic devotion 20 Texns
under ali circumstances. lie was pfacti-
cal Christian, and for many years 8 member
Of the Presbyterian Church. He died sur
rounded by his family and frienda His
last words were, 81 am not afraid 70 meet
my God His ashes repose IN the family
bufying ground, near the mighty Bgazoe, on
the beantifal plantation hc reclaimed from
the wilderness moro than forty years ago.
The last sad rites of scpulchre were per
formed b. the Masonic fraternity. ol which
he was q member Thus has passed away
another noble old Texan.
why weep yo fhen. for him nho. ha9ing fun
Iht bolnd ~ mans Appointed yesFt. y tlsL
Llfe'a blessings "a cnIDJ6d HES iattIN 1Glt
Hereuely - hIe Gnel flef hza f.ateel
H1li1 fhe a0it memory u tll tIfI1l1 go
Llneers IKE tniiis1l hses naen ~ rrs-- l.l -
Gpie<fon E.a,s
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

READ. the communication of ''F H." in
relation to the condition of the Indians
and what ought to be done. He is a fluent
writer, and states some facts which might
be of benefit to sentimental legislators who
are taught to look upon the Indians as q
brave, generous and much abused race.
Sentiment is lost upon them. If afew Con
gressmen, who now talk so glibly about
then, could only be put down on the plain:
and had to run for life from few Of the
noble red men, brandishing scalping kniye:
in their hands, it is more than probable
that they would go back and take grounds
at once for placing positive and immediate
restrictions upon their movements.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02


THE Galveston Nelcs and Indianola BdI-
letin disagree upon very important point
the one contending that Galveston is des-
tined to be the Neac York" Of the Gulf
the other swapping his fingers in the face OF
the Nears and contending that Matagorda
bay and harbor possess superiority over that
of Galveston. The Bulletin, with triumph
ant flourish, holds up the "report of Major
&c. W. Howell, U. S. Engineers, to Gen.
Humphreys, Chief of Engineers, .. S. A.,
of the survey of Indianola harbor and the
entrance to Matagorda bay, with plans sug-
gested for the Improvement of SAID entrance,
which should convince him that his claims
are fallacious; without foundation in fact,
and altogether wrong.
The Nesos must look well to the harbor
and bay of Galveston, have those channels
deepened and secured from the moving
sands, or else the Bulletin man willbe crow
ing over the decline of the Island City, and
the Npheacal of Indianola. q
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

THE communication signed Taxpayers" is
from the pen Of a gentleman identified with
the interests of our city and desires harmony
between the city authorities and its citizens.
It is written for the purpose of inducing
discussion on the part of the city council on
measures of vital importance, affecting the
present and future prosperity of our young
and growing city. The question of finance
is a perplexing one, and no plan should be
adopted in haste. ''Let us reason to-
eether."
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02
ictiOns upon their movements

OUR worthy and talented friend Col. Gus
tave Cook, of the Houston Age, has fallen
under the ban of the CiUilian and Mercury,
The former thinks that a little hickory oil
would have done him great good, admins
tered in the nursery; the latter thinks he
has been lead astray, and has gone into
crooked paths" lately. The Mercury says
''He was as innocent as a girl who had
never read dime novel nor climbed out OF
a back window on a rope ladder to fall into
her lovers arms, contrary to the wishes OF
the old man."
Rise and explain, Colonel If you have
done wrong make clean breast of it.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

The Louisville CourieTe,JoHrnal in an edi-
tonal upon the veto of Governor Kemper,
of Virginia, very pointedly says that
''those who burnt his efigy in Petersburg,
win yet regret their ebullition of passion
and viii honor him for the courage and
manhood with which he has discharged an
exceedingly delicate and painful duty. He
has risen above the clamors around him to
the heights of a wise craftsmanship. He
has done what is most difficult for any one
to dO-sacrifced personal feeling to public
duty-and his yindication. win yet come, as
it always comes to those who adhere unfal-
tering to the dictates Of principle
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

ATTEzTI0E i called 70 the remarks Of
Mr.. Tnplett, Of the House, pending the
discussion Of the Cooper case. Our impair
tial repot of his remarks did not put him
exactly in he night light, and we take
pleasure in doing him full Justice.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

The Waco Adrqnce says the students of
Waco College spend there now $50, 900 +;
and that the president pledges himself to
I'LL any building with pupils that the citi-
zens viii build, and that with prO er build
ings the increased number of students in
attendance would spend 500, 600 per
annum.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

THE STATE OF TEXAS v. JUDGE L. w
COOPER = ADDRESS. The two houses in
joint session, yesterday, failed to remove
Judge Cooper The vote in the House was
thirty-nine for am forty against removal.
The Senate postponed the vote; but as il
requires two-thirds the Judge win not be
removed. Messrs. ]. E. Shepherd and
Num- were counsel for the prosecution, and
Mr.. Word for the defense.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

Tue printing has been awarded to J. d.
Elliott because he proposed to do the work
five per cent less, for cash, than the maxi
mum rates allowed for printing. We have
done printing year ago, for which we hold
warrants still against the State Treasurer,
and if we could now get ten per cent. less
than their face value we would willingly
take IL.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

TIE DenisOn NsOs says. that stem wagons
loaded with bacon and -four, from Carthage,
Missouri, passed through our city Monday,
on the way to San Antonio The owners Of
the train propose to open up large stock
ranchin Western Texas.v
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

An election is ordered in the Third sena-
torial District, composed of the counties of
Cherokee, Houston, Trinity and Angelina,
on the twenty-third OF April, 1874, to fill
vacancies occasioned by the death of Hon.
John T. Smith, and the resignation Of
Hon. Frank Rsiney.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

BURsLARs have been quite busy in Deni-
son lately. On the twenty-second instant,
Sunday morning, various houses were
entered and jewelry, money, etc, taken
The houses entered were not locked.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

THE citizens Of san Antonio are not hap
Py. They want : railroad. bat no one wiz
build It. Every effort thus far has been q
failure Hopes blighted-.pTospects bad.
Will not some one point ont the way Tor the
soadl
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

Two miles west Of GrOesbecll, young
man, named ]. Thompson, went to the
house Of George Babb, who had married
his aunt, and, after getting into fist fight
shot him. killing him instantly.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

Winch amount deducted from the gross
earnings Of the month, leaves $7716 for the
months dividend Five per cent. a month is
certainly a satisfactory return from an invest
ment These figures show why every honest
" managed cotton mill in the south IS paying
handsomely. We present them with a view of
having them thoroughly dissected, and all
errors detected If the solid truth does not
justify-yea, demand-the building of cotton
mills among the cotton fields, then all expe-
rience has conspired to lead uststray.
It must be remembered that such divi-
dends do not accrue at once. We trust
that the Legislature viii consider the sub
ject in no narrow spirit, but win exhibit
sound Judgment and wisdom.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02

HoN. A. II. WILLIE, member Of Con-
gress, viii please accept our thanks for the
speech Of Hon. Fernando Wood, of New
York, on the national finances and public
expenditures.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-02
.RooLAMATIoN
by the Governor OF the state OF Texaa.
S2OO REWARD.

To all 20 whom these presents shall come: Whereas
At the June term d. 1874 Of the District Court held
In and for the county OF Washington State OF Texas,
one ALFRED FLEMING and one THOMAS VANCE
were indicted upon the charge OF theft OF horses,
Mares geldings and neat cattle;" and Whereas upon
the same CHARGE said Alfred Flemlning and Thomas
Vance have been Indicted Ut subsequent terms Of same
court;
Now, therefore, l. Richard ccke, Governor Of
Texas, by virtue Of the authority vested In by the
Constitution and laws OF this STATE do hereby offer
reward Of one hundred dollars each for the and
delivery OF said Alfred Flemming and Thomas Vance
TO the sheriff OF Washington county, inside the Jail
door OF said county.
In testimony whereof I have hereunto signed
my name and caused the great seal OF
lSEAIal the State TO be Affixed At the city OF Aus
tin, this the eighteenth day OF March,
A. d. 1874 RICHARD COKE,
Governor.
BY the Governor.
A. W. DEBEmRr. Secretary Of State mhS6 w4t