davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1874-01-15
COURT or OYtP AND TEhMlFeH.
The Trial of Benjamin Hynes-Insa nifty
set Up tho Defence.

The Trial of benjamin Hynes-Insa nifty
Set Up as tho Defence.
Before Judge Brady.
BENJAMIN Hynes, elderly but quite respect
Able looking gentleman, was placed on trial in
this Court Yesterday charge OF attempting TO
knl, through shooting twice with pistol Charles
AuLen, Warden OF the Hospital for the Crippled
and Ruptured, situated at the corner of Lexing-
ton avenue and Forty-second street. All the Cir
cumstances OF the case were published at the time
In the HERALD, from which it will be remembered
that some Of the boys under treatment at the In.
stitution attempted as alleged, to set fire to the
hospital. and four oil them, including the prisoners
son, were whipped by the Warden, but, as he
says, not with any severity. When Mr.. Hynes
plant that his boy had been badly treated,
and showed a brulse on the hip, which, he
alleged, was caused by the whipping. some
days after the prisoner called again and coln-
pisined 70 Dr. James Knight. and had an inter.
view with him in his office. after which he went
20 look for the Warden, and on meeting him said
he wanted to speak to him In the office. While
they we're passing through the yard Hynes fell
behind and fired two pistol shots. one of which
took effect In the warden's lett thigh and the
as he was in the act Of raising the pistol again and
. struggle took place. The Warden called for help
and Mr.. Hynes attempted to escape, out was Sc
cured before he could get away. There was
large attendance In the court room. The prisoner
x,s,s Mas defended by ex-Mayor Hall and Mr.. Abe II.
opening by District Attorney Phelps, conducting
Inc prosecution, was very brief
AIter the prosecution had introduced its test
Nsony showing the lacts OF the shooting as stated
eDove Mr han said that the defence would be the
,nssniss ol sne prisoner The first witness he called
as fredericK Meyer, late interpreter at Yorkville
ronce court he was asked TO state how the pris-
Oner demeaned himself when ne was refused a war
rant for the arrest OF the Warden
Mr.. Phelps objected TO the evidence unless based
upon previous evidence OF manifest ATOMS M ,naan.
ity rom q disease Of mind.
Judge Brady said he must uphold the ob,ection
a. he held the defence OF insanity was vh9,,v an,
absolutely based upon disease Of mind "NN
Witness was then allowed to tell what han
pened He described the prisoner as In a state of
excitement He took him outside and showed
the marks on his boy, and asked Isn't 1t a sname
90 beat lame child IN such way ~ In further
support OF the insanity by defence the prisoners
daughter Caroline testified TO the strange con.
duct OF her father after finding the marks OF beat
ing on his sons body he used TO walk about his
room at night, moaning, picking up bits or paper,
tearing them up, and otherwise acted quite
r1dicuioosiy some months ago ne was very sick,
and since then nad kept an old musket. a rife,
. rusty sabre and six-shooter at the head OF his
bed.
Leon Yernandez testAae0 that N nsy Hypaa N
The New York herald., 1874-01-15
COURT OF GENERAL SESSIONS.
The Ette-WachOls Shooting Case.
Prompt AcquittaI of the Prisoner.

The Ette-wachols Shooting Case
Prompt AcquittaI of the Prisoner.
Before Judge Sutherland
The trial OF Oscar Elite, the Bowery photographer,
charged with firing pistol at John Wachols on
the 3oth OF September, was concluded yesterday.
Numerous respectable witnesses were called to
prove the previous threats OF the complainant to
take the life of the accused and also to establish
the excellent character OF Etre for peace and quiet
ness. Mr.. William +. Howe, Ette's counsel, made
very effective address to the jury, claiming that
the testimony clearly established the fact that
Elite was in imminent danger of his life when he
fired the pistol.
Assistant District Attorney Lyons followed for
the prosecution, and combated very ably, but in.
enectuay, tue argument OF his legal adversary, as
the verdict proved. The jury after an elaborate
charge, retired at five O'Clock, and, alter an
absence of 15 minutes, returned with verdict OF
'.Not guilty. Loud demonstrations OF applause
greeted the verdict by the friends OF the defendant
lated him, as well as his counsel, upon the result
Larcenfcs.
James Sheridan pleaded guilty to petit larceny,
the Indictment charging that on the 1st inst. he
stole q few articles OF clothing owned by Mary
Dowdey. He was sent to the Penitentiary for six
months.
Dennis Mooney who, on the 2sth OF November
stole clothing valued at $50, the property OF
Margaret skane, pleaded guilty to petit larceny.
lie was sent to the Penitentiary for three months.
John Grady, boy. pleaded guilty. to stealing
81 so from Calvin smith, and was sent to the House
0l Refuge.
Professional Burglars in Court.
william Burns, who on the 18th OF January, 1871,
pleaded guilty to an attempt at burglary in the
third degree, and upon whom judgment was sus.
pended, was placed at the bar for sentence. Cap.
tain Mccullough arrested Burns upon suspicion OF
having something to do with burglary COM
mtted IN Ninth avenue. The City Judge SEN
fenced HIM TO the State Prison for two years and
six months George Livingston alias Lockwood,
who also pleaded guilty two years ago, was re-
manded the District Attorney having another
c large OF burglary against hun.
The New York herald., 1874-01-15
suphrRs cOuHT-GEHE0Al IEHM.
Commissioner Davenport as Counsel 20
the Board of Ecalth.

the Board of Health.
Before Judges Davis, Daniels and Donohne.
The Board OF Health, in it's high appreciation OF
the legal abilities of United States commissioner
Davenport, In May last appointed Kim as it's coun-
Del, position he held for two months and eight
days. The United states Commissioner put in MS
hill amounting to $3.50 IS, but the Comptroller
would not nav it. and the result was suit against
the CITY, The defence was that " hen the charter
OF 1873 was passed, in which state and federal
U1icials are forbidden rom holding any city ofce,
m exception was made In the case or ''commls-
Hioner ior taxing ball. and, therefore, 1t was
claimed that Mr. Davenport could hold the office OF
Counsel to the Board. When the went TO trial
he was defeated, on the ground that lie held the
federal office OF ''Chief supervisor OF Elections
An appeal was heard yesterday in this Court, and
II was argued that Congress did not make a new
once under the title OF Chier SUPERVISOR" but
added new duties to the Office OF Commissioner.
After the argument the Court TOOK the papers, e
carving its decision.
The New York herald., 1874-01-15

London good many years ago, and that, owing 10
MS strange conduct there and constant muttering
20 himself when he walked, the boys called him
"Mad Ben.n
The trial will he resumed at halfpast ten O'Clock
this morning, to which time the Court adjourned.
The New York herald., 1874-01-15

Additional AssiS nment OF Justices for
Special Term and Chambers.
From February % to 2s inclusive-Judge Spaul-
ding.
From March 80 to April 4inclusive-Chief Justice
Shea
From May 25 to 90 inclusve-Judge McAdam.
From october 26 to 81 lnclusiye-Judge Gross.
The New York herald., 1874-01-15

Decisions.

BY Judge Lawrence.
Seward, &C., vs. Torrence.-Motion to refer cause
granted.
> Briggs va. Harford.-Granted.
Trsdesmen's National Bank vs. Hatch; Kamp VS..
Kamp; Whiteside VS.. ROthcnild In the Matter &c,
OF ACKNOWLEDGEMENTS.
The New York herald., 1874-01-15
EAElRf CCuaT-cHAkBEsS.
Decisions.

Decisions
BY Judge J0achYnses.
Seeger vs. Rassord-Motop 20 ADVANCE cause
denied with $40 costs to abiGe event.
Nesser VS.. Fagan.--M0sion TO yacate Judgment
granted wI,h SO costs
pullman vs. Grossweyler. r.-Defendant discharged
from custody and order OF arrest suspended.
The New York herald., 1874-01-15
SUPERIOR coURT-spEclAl TERN.
BY Chief Justice MOnel

By Chief Justice Mcneil.
V0ilin Vs. Vohn.--Decree OF divorce granted
Taussg Vs. HarL-Order granted.
BY Judge Freedman.
World Mutual Life insurance Company VS.. rhe
Bund Hand in Eand.-OrdereQ settled and directed
70 be engrOssed,
The New York herald., 1874-01-15
COMMISSION or APPEALS CALENDAR

ALBANY, Jan. a. 1874.
The following is the Commission OF Appeals
calendar, in addition to such as may be left rom
the afternoon session, Tor to-morrow:-Nos. rs,
75, 10, 81, 81, 49,
The New York herald., 1874-01-15
COURT uf conxuH pLEas-spscA TERM.
Decision. .
EAgIsE COURT.

BY Judge J. r. Daily.
Koeth VS.. KOeth.-Dlvorce granted to plaintiff.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16
HOODS Brigade .

At called meeting of the survivors of
Hoods Texas Brigade, in the city of Austin,
Gen. ]. B. Robertson was called to the chair,
and ID. o. Barziza, requested to act as score
tary.
The chairman announced that the meeting
had been called to express in an appropriate
manner our regret at the announcement of the
death of Col. w. II. Sellers.
On motion of Hon. j. V. Massey, Of the
First Texas Regiment, a committee was ap-
pointed to draft resolutions expressing the
sense of the meeting. The committee was
composed of the fol owing gentlemen; Hon.
j. V. Massey chairman, Col. s. ]. Darden,
a 5. Roberts, r. r. Robertson, r. p. Bur
ford, W. G.. Walsh, J. A. Nagle, Val c.
Giles, John Hanson and f. L. Price.
The committee reported the following,
which was unanimously adopted by the meet
ing:
Resolced, That while bowling in submission
to the dispenSation of Divine Providence,
which has removed from among us our be-
loved friend and former companion in arms,
we feel that in the death of Col. w. II. Sci
lers the country has lost a model citizen; his
late comrades friend and brother, who was
ever true in the hour of danger and gentle as
a mother in time of suffering; his family a
husband and father whose place can only be
supplied by the great giver Of all good
ResOlred, further, That these proceedings be
furnished to the Galveston Nelcs and 10 the
Austin city papers, with the request that they
publish the same.
Onmotion of ID. A. Todd, a committee com
posed of the following gentlemen were ap-
pointed to forward copies of these proceedings
to the papers above referred to: ID. A. Todd
chairman, l. Stein, r. S. Rust, w II. Bur
ges, A. n. Poteet, w. II. Tobin, Garland
Calvin and r. H. Clements
On motion of G. A. Dohme, the meeting ad
journed.
J. B. ROBERTSON, Chairman
d. L. BARzIZA, Secretary.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

WE are pleased TO meet on the street our old
and esteemed friend Col E S. c. Robertson,
Of salado, Bell county, good and true rer-
resentafion Of the genuine old Texan, soldier
in all Of her wars, a compatriOt Of Hays.
8IcCulloch and other noted chieftains Of the
early struggle for independence, and a good
and brave soldier Of the " Lost Cause He
informs Us that the frost Of last week did Sc
we're damage in his section, killing the corn in
the low lands, 50 as TO necessitate replanting,
and almost destroying the fruit crop. Fortu-
nately, the cotton was not up, or that too
would have been destroyed. lie can be found
AZ Mrs. Phillips's
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

THE TEXAS AND PACIFIC RAILWAY
Isaac H. Sturgeon, Of ST. Louis, Commits
sioner to examine the Texas and Pacific
Railway, has submitted his report to the
Secretary OF the Interior. He examined
100 1900 miles. from the boundary line
between Louisiana and Texas west via Mar
shall to Dallas; "a miles from Marshall
northeast 70 Texarkana, and IS 1900 miles
from Sherman east Of Broozston. The act
Of Congress organizing the company autho-
rizes them 10 construct q road from Mar
shall, Texas and 10 San Diego, Cal The
branches are built under authority from the
State Of Texas. The main line and branch
Is in that State receive available subsidy
from the State, but more from the United
States. The company receive q land grant
from the United States Tor 50 much Of the
road as passes through New Mexico, Arizo-
M and California Mr.. Sturgeon reports
that the mad is vel built and equipped,
and recommends its acceptance, ~ IFalti1g-
ter Cor ~ y. Herald
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

Meeting of the Association OF the
Soldiers of the Mexican War of the
State of Texas.
An adjourned meeting of the members of
the association was held at the mayors office,
Thursday, April 8, at P. NJ, Col John S.
Ford in the chair.
Minutes of last meeting were read and
adopted.
The following resolution was offered by
Major A. ]. Dorm and adopted:
ReSOl0ed, That the president shall be author
lied to appoint a corresponding secretary,
whose duties shall be to take charge of and
answer all letters addressed to the association,
and keep copies in letter book.
Major A. ]. Dorm also submitted the follow
ing:
ResOlUed. That the President shall appoint a
committee of three members to draft an adj
| dress setting forth briefly the objects of the
association, inviting the cooperation and
membership of those throughout the State
who are entitled to admission under the con-
stitution.
The resolution was adopted, and the Presi-
dent appointed the following gentlemen as
such committee: Gen. John G. Walker, Geo.
H. Gray, Esq, and Col. A. ]. Nicholson.
Upon motion, the President YVES also added
to the committee
The following resolutions, offered by Gen.
d. Ruggles, were adopted:
Resotted That each member of this asso-
citation be requested to furnish, for record, by
the secretary, an abstract statement of his ser
vices during the Mexican war, specifying
when and where enrolled, in what company,
detachment, regiment or division; length of
service; in what actions engaged, and other
services and that his signature thereto be wit
messed by at least two subscribing witnesses.
ResOlCed That each member of this associa-
ton be requested to contribute such Informal
| ton as he may possess respecting fallen and
deceased comrades in the Mexican war as may
be material to the objects of this association,
having in view the protection of families I'M
der any prospective legislative action.
Upon motion of Capt r. Josselyn it was
Res0E0ed That the press throughout the
State be requested to publish the constitution
and bylaws of this association.
Upon motion the following bylaw was
adopted:
Each member upon admission to the asso-
citation shall pay the sum of one dollar, and
the further sum of one dollar annually there
after
Upon motion, the association adjourned sub
| ject to the call of the president
JOHN S. FORD, President.
E. w, STANDS, Secretary.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

WE saw yesterday strange and solitary
looking object moving up the Avenue in sol
emn silence We stopped and looked at it,
and supposed that it was one Of Queen Mab's
retinue that had been left behind. But no,
he was bent on business at our State house.
Then we thought of the immense procession
which follOwefShe beautiful car up the Ave
nue. on Friday night last and the immense gor-
CONS, with their huge masks, and we thought
we had the solution of the trouble, when lOi
and behold, we approached and addressed it,
and found that it was only our good looking
friend Senator Randle, better known as Ed.
Randle under his new hat That's all
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

WE witnessed Tuesday evening trial of
the new and beautiful engine, the Champion
Fire Extinguisher, which had just arrived
from Louisville, Kentucky, where is is manu-
featured. AS it is the first of the kind used
in this portion of the State it may not be amiss
to call attention to some of the principal fea-
lures. Instead of using steam to give force
to eject water from the hose, this is accom-
plished in this machine by the use of carbonic
acid gas, generated by bringing the bicarbon-
ate of soda and sulphuric acid, dissolved in
water in contact with one another From the
powerful effervescence which ensues arises the
force necessary to throw water to a most as
tonishing distance.
On the trial Tuesday, water was elected
through fifty feet of hose in four seconds after
the first move was madeto bring the chemicals
and water in contact, and through two hun
dred and fifty feet of hose in ten seconds.
Water was raised to a perpendicular heighth
of sixty feet and horizontally three hundred
feet Taking it altogether we look on this
as a most important adjunct to the fire depart
ment of the city The new machine has beer
turned over to Colorado Fire Company, who
are justly proud of the beauty. This evening
Mr.. Hite will give an exhibition of its power
to extinguish fire in house, TO be erected tol
the purpose, on the vacant lot just at the head
of the Avenue, and opposite the Capitol gates
1t will be we'll worth witnessing.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

Besides these direct representatives of subor-
dinate Oranges it was found that many of the
above named gentlemen held proxies from
other Oranges, sixty-two of which were admit
ted to representation.
The entire day was consumed in the prelim-
inaries of organization. To-day, it is sup
posed, the convention will commence work in
earnest, and we shall endeavor to keep our
readers fully posted.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

OUR young friend, Theo. Hart, who has
been in our employment as job printer for
over year, left Austin Monday for his home
in Pennsylvania. We extend to him our best
wishes for his health and prosperity.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

SUDDEN DEATH.-Mr. Edward Ten Eyck, a
prominent and respected citizeno of this county,
fell down suddenly, about o'clock in the af-
ternoon, in the store of Mr. A. S. Roberts, in
an appoplectic fit. Medical aid was at once
procured, and everything doneto relieve his
sufferings, but he lived only about two hours,
when he expired. He had come in from
home yesterday, and was transacting some
business with Mr.. ROHerts, seeming to be in
fine health and spirits when he was attacked
with the disease which carried him off,
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

FrRsr DAY.

FIRST DAY.
Grange met in Hancock Hal at II A. NJ,
Master W. ". Lang, Of Marlin, presiding.
A committee on credentials was appointed,
whoat once entered upon their duties.
The following were reported as officers Of
the State Grange w. W. Lang, Worthy
MasieriJ. W. Jenning, Lecturer; J. P. Good
night Assistant Steward; W. B. Tucker,
Treasurer H. II. Parker, Secretary; Mrs
NJ J. Parker, Flora.
The following representatives Of subordi.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

GAS PIPES are being rapidly put down on
East Pecan street Indeed our neighbors on
that street are noted for their enterprise II is
the only locality in the city where the streets
are watered, to the shame Of the Avenue
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

HEADQUARTERS Fl. BAN A ASSOCIATION. }
AUsTIN, TExAs, April Is, 1874 i
MsSsrs W-m Bruolgtrleg, E.E Crealg, W H-
ArcieF.
GENTIEaIEN-1Ours Of the seventh instant
to hand, containing invitation. on behalf 81
the Fire Department Of Austin, 10 Join YOU
in your annual parade on April 81, the ami
versary Of San Jacinfo's glorious victory.
Said invitation is cordially accepted on ON
part. and we would add that we feel proud IN
being afforded an opportunity 90 lend ouI
humble efforts 70 do honor 10 the gloriou:
deeds performed on That memorable occasion,
and TO the grand results which accrued IN
consequence thereof.
Respectfully yours.
Ja,rrs MILL. President.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

We heard one member Of the House char.
aeterize another as a gas bag, in debate satur-
day. The reason some men are not gas bags
is, that they are constantly blowing of
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

THERE is some stir in Pecan street property.
Messrs. Palm, Stands s. Co. have recently
Did lot No. IL, block No. So, with two two
story brick and stone houses, for $500 gold.
Also, .twenty-eight feet Of northwest corner
of block No. 50, for $4,000 gold, with privi-
leges of division wall, and thirty two feet adj
joining for $1,000 gold with privilege of divi-
sion wall We are informed that on these
two last lots there win be erected two substan-
tial wholesale stores, work to commence first
of next month rHt.fsIs.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

PRoBABLY the largest crowd Of people ever
collected together in Austin were on the Ave
nue. Friday night to witness the procession.
The number is variously estimated at from
5000 to Il. 600.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

AINSEsoIA has appropriated So, 900 70
be expended N the purchase Of seed wheat
for settlers IN the southwestern counties,
whose crops were destroyed last year -
grasshopPers-
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

THE first annual session OF the Changers
meets in our city today. Already a number
of delegates have arrived, and we look for an
interesting meeting of this new but rapidly
developing Order. We shall keep our readers
fully posted on all that is done.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

Go % Ben Thompsou's arn< sore ard secure sons
81 tie ollehraied A1zargosa Di1u1ca elecllc Z =
Sne.f lis esif rcaeics Ior di.rrAl. srnicry. choi
"a rsa-tss .r.i si,..irsl .,u,1l.lnis nlu lloun-
nos d&Etf
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

THERE was quite heavy frost in this vi
cinity Thursday night, which, we much fear,
viii result in serious damage to the State
The fruit was sufficiently protected by the 70
liage to save il, but tender plants suffered II
as severe in Northern Texas, we fear great
damage has been done to the wheat crop.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

A NEW fire company was organized in the
neighborhood Of the freight depot yesterday,
but as it has not yet been ehristened we for
bear giving the names of the officers. AS soon
as the sprinkling with champagne takes place
we viii give particulars.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

IL the Twelfth Legislature the password
was Have you seen Crosbyg In the -Four
teenth. Has Moody been heardgp
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

JUSTICE SMITHS CoURT.--State V. Nc
Grew; complaint by J. C. Tulk; offense ag-
gravated assault and battery on the person of
one S. T. Stone; set for this morning. State
v. t Johnson; theft of horse; set for this
morning.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16

CAUSES decided in Supreme Court, April 10,
1874: Flint & Chamberlain v Philpot; error
from Navarro application for rehearing re-
fused San Roman v. dc Ia Serna; error from
Cameron; reversed and remanded. Chadwick
" Meredith; appeal from Washington; rehear-
ing refused. Combes ct al. V. Ryan; error
from Lamar; reversed and remanded. Harri-
son V. Oberthier; error from RusR; reversed
and remanded. Cundif v. Mclean Sc Miller;
appeal from Houston; reversed and remanded.
Crawford v. Hagood; error from Anderson;
reversed and reformed. Coburne V. Poe; ap-
peal from Rusll; affhm med
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-04-16
Correanondenne.

AUSTIN, April Z, 1874
To mr.. James NeiU, President Hi5crRiaA Is
sociati0I, AastiR, Tt.rGs:
DEAR SIR Under instructions Of the
Committee Of Arrangements of the Austin
Fire Department, we invite your association
to turn out on the celebration of the ami
versaTy Of the battle of San Jocinfo, on April
81, 1874, at 2 p. NJ, and participate In our an
nual parade. Programme of procession viii
be furnished in due time.
Very respectfully, in behalf Of Austin Fire
Department,
VIZ. BRUEGSERHoFF,
Of Washington Engine Company No. /.
Ed. CREARY,
Of Colorado Engine Company No. ..
W. W. ARcHER,
Of Hook and Ladder Company No i.
Committee Of Invitation