davidaulloa/AmericanStories huggingface dataset:
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
Commissioners of Appeals.

Commissioners. r. S Walker, Presiding
Judge, and Hon W. S. Del4ney, Judge.
Austin Term.
r, p. Wilkinson VS.. W. r. Mcdonald
from Bastrop. Affirmed.
L. Miller etal VS.. City bank of Sher.
man from Grayson. Dismissed.
W. w. Stell, admir-, VS.. Amos Morrill,
from Lamar. Reversed and remanded.
John Taylor VS.. J. p. Collins from
Johnson. Dismissed.
John J. Adams & Co. VS.. W. H.
Crews & Co.; from Guadalupe. AT.
frmed.
E. w. Talbot VS.. J. J Dyckes from
Travis. Dismissed.
Garitty, Huey & Co. VS.. J. Z. Wilson
from Ellis. Dismissed
n. K. Pierce ct al VS. J. o. Logan ct al
from Lamar Motion for reheaIing re-
fused.
LeGerse & Co. VS.. Getzendamer &
Ferris /; from Ellis. Affirmed.
w. G. Randall VS.. N w. Burks AT
firmed.
Julia A. Pickett VS.. J. D. Johnson;
from McLennan Reversed and re.
manded.
Nancy A Padget VS.. T. ]. Lockhart;
nav
Rufus Heatherly VS.. G.. B. Dillon;
from McLennan. Reversed and re-
manded.
Adamson & Mitchell VS.. Cox & Co. ;
from McLennan. Reversed and re-
handed
S. G. McLendon VS.. J. W. Harrington.
Affirmed
John G.. Allen vs. T. c. Hall; from
Fannin. Affirmed
Il. Walsh VS.. G. NJ Etler; from Gray
son. Affirmed.
Ann D. Mays VS.. L. r. Cochrane;
from Guadalupe. Reversed and re-
manded.
J. F. Gordon VS.. F. A. Vaughan; from
Guadalupe Affirmed.
J. Zorn VS.. Z. r. Turner; from Comal.
Affirmed.
c. Rhodius ct sl VS.. James Cornell;
from Uvalde. Affirmed.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01

the amount still due on the same, as the
amount for which the judgment was
rendered was stated the presumption
would obtain that such was the amount
still due, though plausible Is not tena-
BILE position. The requirements OF the
statute must be strictly complied with in
order to secure u Judgment lien upon
land. Affirmed-Watts, j..
Adamson Il Mitchell VS.. Cox a. Leon
ard; appeal from McLennan county.-ln
the absence OF special judgment as to
the forwarding of the goods lost, 10 was
proper TO admit evidence of all facts aud
circumstances attending the transaction
as well as general custom with. forward
Ing merchants, to apply the rule that the
forwarding merchant was bound to reas-
enable or ordinary diligence. But where
there Is a special agreement about for
warding the particular goods, the con-
trary Is the rule. IL the general conduct
OF the appellees had been an issue In the
case, evidence of their general reputation
as reliable and Trustworthy receiving
and forwarding merchants, would be
admissible. Such not being an issue, the
court erred in admitting evidence. Re-
Versed and remanded.-Watts,J j.
Lorn VS.. Tarver and wife appeal from
Guadalupe county.-WhereI II appears that
the testimony, enormously admitted. Is
wholly immaterial and could have had no
influence upon the decision OF the case at
all, II will be no valid ground torreversal.
This case was before the court on former
appeal l45 Tex. 3d. Here the same par
ties present themselves. We find nothing
in the record to determine thar the court
erred in determining as to whether the
purchase by Miss Zorn was real purch ase
or a sham. Upon the last trial IL was
proven that after the conveyance by Miss
Lorn to Mrs. TarveT, a part OF the land
was sold, and, from the proceeds of the
sale, the amount reeited IN the bond as
the consideration, together with the
interest, was paid to her. The court be-
low must have considered the proof as
completely rebutting the presumption
that the land was bought with the COM
munity property of the husband and wife.
Ii Nj: SIS Zorn, instead OF conveying the
whole OF the land to her cousin and re-
tanning lien upon 1t to secure TO herself
part OF its value, had herself sold part
of the land and conveyed the remainder
to her cousin. she would have accomp-
iished directly what the proof shows was
Indirectly done. We see no error ia the
Judgment, and are of opinion IL should be
flirmed.-Delaney, j.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
District Court.
Hon. A. $. Walker, judge presiding; j. P.
cIa

Hon. A. $. Walker, judge presiding; j. P.
Hart, clerk.
The state vs. Richard Wells ct al. suit
on official bond. Judgment for plaintiff
against the principal for $3.50 0S and in
terest to the amount of S405. 81; and
judgment in favor of sureties as to them
against the state. The state gave notice
of appeal.
Bunton VS.. Creary ct al suit to try
the right of property. Continued.
W. T. West VS.. Houston and Texas
Central railroad company suit for dam
ages. Demand settled and case dis
missed at cost of defendant
Edgar Jones VS.. Houston and Texas
Central railroad company suit for dam
ages. Demand settled and suit dis
missed at cost of defendant.
T. K. Hawkins VS.. Houston and Texas
Central railroad company suit for dam
ages. Continued.
State of Texas VS.. A. H. Smith theft
of wagon and team. Plead guilty before
jury, and punishment assessed at two
years in penitentiary.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
A True RIessiur.

1t would indeed be blessing to poor,
weak, nervous. debilitated, suffering hu-
manity, IL druggists would stop selling
the many vile purgative pills and cathartic
compounds advertised for the cure of
liver complaint. Although they afford
temporary relief, at the same time they
weaken the digestive organs, and compel
a continued and increasing use of the
same. Sufferers from dyspepsia and liver
complaint do not need a cathartic, but
should use some true medical tonic that
will strengthen the digestive origins, and
heal the diseased tissues OF the stomach,
liver and bowels. Such u remedy is
Browns Iron Bitters, and it never fails
to effect permanent cure. II you con-
tinue to live in poor health, and are de-
termlned to die before your time, you
have only yourself to blame Courier.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
THE COURTS.
supreme Court.
Chief Justice, X. 5 Gould; Associate Justices
NJ. H. Bonner, j. w. Stayton;
ltl.rl- q q Morse

| Chief Justice, r. :. Gould: Associate Justices,
NJ H. Bonner, j. w. Stayton;
Clerk c. $. Morse.
State VS.. VIM. Steele, ex adjutant-gen-
eral; appeal from Travis county. Sub
mitted on briefs and oral argument for
both parties.
State VS.. Gustave Cook; appeal from
Travis county. Submitted on briefs and
oral argument for both parties.
S. H. Russell VS.. r. Freedman & Co.
appeal from Navarro county. Submit
ted on briefs and oral argument for both
parties.
NJ Farley VS.. E. A. DeSlonde Ell a.. 4;
appeal from Milan county. Submitted
on brie and oral argument for both
parties.
BOehme; appeal from Robertson county.
Judgment affirmed.
Fl. & T. G. railway company VS.. En-
est Schimmell; appeal from Robertson
county. Judgment affirmed.
Leon Blum ct al VS.. Samuel Gaines;
appeal from Burleson county. Reversed
and remanded.
d. L. Grigsby ct al VS., Jefferson Peak /;
appeal from Dallas county. Reversed
and remanded, Stayton, j., dissenting.
ID. B. Grigsby ct al VS.. W. H. Bowles;
appeal from Dallas county. Reversed
and remanded, Stayton, j., dissenting.
Henry Hodges VS.. Belle Taylor ct al;
appeal from Burleson county. Judgment
affirmed.
]. B. Dagley VS.. H. C.. Ford appeal
from Bosque county. Judgment affirmed.
J. p. Greenwade ct al VS.. Clip Smith {;
appeal from Bosque. Appeal dis
missed.
A. J. Clark VS.. w. J. Venable; appeal
from Bell county. Judgment affirmed.
r. S. Simpson, administrator, VS..
Thomas J. Knox, administrator appeal
from BraZos Affirmed on certificate.
E. 3. Reavis VS.. William Craig; ap-
peal from Hill. Affirmed on certificate.
NJ A Browder ct al VS.. William Ryan
ct al 4; appeal from Dallas. Certificate
dismissed.
Josiah Hills heirs VS.. E. G.. Jackson,
administrator appeal from Robertson.
Dismissed for want of prosecution.
Annie X. Pierce ct al VS. James o. Lo-
gan ct al appeal from Lamar. Re
versed and dismissed as per award of
commissioners of appeals.
4. p. Aycock VS.. Asaline Hearne ap
peal from Robertson. Motion to with
draw case from commissioners of appeals
overruled.
G.. w. Jones ct al vs. Jno. d. Andrews
ct al; appeal from Bastrop county.
Appellants given until June 10th to file
briefs.
Jas. Patterson ct al VS.. Jas. NJ. Reyn-
olds; appeal from McLennan. Submit
ted on briefs and oral argument of both
parties.
d. G. Freeman ct al VS.. W. H. Maho-
ney ct al; appeal from McLennan. Sub
mitted on briefs of both parties.
State VS.. ]. B. Wygall ct al; appeal
from Travis. Submitted on briefs and
oral argument for both parties.
State VS.. E. T. Moore ct al; appeal
from Travis. Submitted on briefs and
oral argument for both parties.
T. j. Norrel ct al VS.. Callahan county;
appeal from Callahan. Motion to rein
state the case Overruled.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
General Weather outlook for the
summer, Fall and winter.

Vennor in his June bulletin says: The
general outlook for the weather of the
summer season in the southern and
southwestern section is improving,
owing to the continuance of very windy
weather in northern and western sections
of Canada and the United States. But
''windy springs makes a severe au-
tumn;" therefore the outlook for the au-
tumn of 1882 is increasing in severity.
My theory of weather relationships" is
working just now in telling manner all
over the northern hemisphere, and feel
much greater confidence in predicting
the periods of the more marked disturb
ances. Hence, herewith reiterate my
previous statements respecting "a very
cold and stormy autumn" and early set
ting in of extreme severity, with heavy
snowfalls, this reaching to remote south
erly points. We are likely to experience
one of the coolest periods IN long term
of years during the early part of the win
ter of 1SS2i83, but the cold will come in
a lump, and the latter half of the winter
is likely to be mild and open, with an
advanced spring.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
Choked his WIFE.


The most distressing death OF the
cyclone at Monticello was that Of
Mrs. Carroll, because Of the manner
in which it was brought sbout.
Hearing the storm approaching, Mrs.
Carroll, with her baby in her arms.
rushed to her husband, DIR. Carroll,
who threw his arm about her neck.
At the same moment the wind blew
the timbers of the house down upon
them and crushed them to the floor.
the mother with the infant in her
arms, the husband with his arm
around his wife's neck, and there he
choked her to death.
The falling timbers did not seem
to hurt her, but locked the DOCTORS
arm so closely about her neck that
he could not move it. He was con-
scious that he~was killing her. but
all his efforts 10 throw off the tim
bers we're futile. Assistance came
in two hours-too latel The spirit
of his beautiful AMI loving wife had
taken its fiight-she was in deaths
cold embrace, and the husband felt
that he was in a measure the cause
of her death. For days be was al
most raving maniac. The babe
was also killed-whether by the fall
ing timbers or was pressed TO death
by Its mother, we did not learn.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01

AND now it is said the president
will reinstate Flipper, the colored
officer of the ninth cavalry, whose
penchant tor making deposits with
his servant girl got him into trouble,
and then into disgrace. The presi-
dent says the facts were covered
with extenuating circumstances.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
A "Bad MAN."
lw AGO Examiner.l

The Rockdale Messenger, speaking
of the rumored Charles-Stewart-In
dependent-movement. says "Charlie
Stewart would be bad man to
tackle" He was "a bad man to
tackle" at Dallas two years ago.
Backed by an intelligent, earnest
minority, advocating principles that
were sound and right, he allowed q
bulldozing majority to ride rough
shod over him without a word of
protest. He is truly q "bad man" to
make fight where nerve and back
bone are needed, and lost the oppor-
tunity of his lite at Dallas, in 1880.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01

THE Half-breeds of Pennsylvania,
In convention assembled, declared
their purpose of taking up "the
work which fell when Garfield fell"
This means the continuation of the
war against Stalwartism inaugu-
rated by Garfield, until either one
or the other faction is forced to sue
cumb. 1t looks like there will be a
Kilkenny cat fight in the Republican
party from this on, to and through
1894.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
CommIssioners OF AppeaIs.

Heatherly VS.. Dutton; appeal from Nc
Lehman county.-In a suit upon a con-
tract the facts constituting the cause of
action must be set forth, and distinctly,
and il not proved as laid, the foundation
of the action fails and the plaintiff cannot
recover. IA Tex. 418.] The petition al
legged the agreement to be that the work
was to be performed for reasonable value,
and the answer set up that it was to be
performed for fixed price. This being
the issue and the evidence thereupon
conflicting, the court should have charged
the law applicable thereto. For failing
to do which the judgment will be reversed
and the cause remanded.-Watts, j.
Walsh vs.. Etter; appeal from Grays0n
county.-One day before his license as q
retail liquor dealer under the "Bell
punch law" expired the appellant applied
to the collector for license under the act
of March IL, 1881, claiming that, as his
bell punch registered but $40 Of the $3.50
paid, he was entitled to q credit of the
difference for the next ensuing year.
Held, such construction cannot be put
upon the latter act. When the amount
registered did not equal $3.50, the bal
ance due or payment under the act-of 1879,
emitting credit, was intended to be est
mated on the basis of $3.50 as specific
annual tax, considered with reference to
the unexpired term, as, for instance, only
eleven months had elapsed when the
charge was made, the credit should be
one.twelfth of the $3.50. Affirmed
Watts, j.
Miller VS.. City bank of Sherman; appeal
from Grayson county.-lf this case was
entertained in the county court as an
original suit, the record fails to furnish a
| basis OF jurisdiction. The rule for deter
mining the jurisdiction requires the
record to show affirmatively how the
county court acquired Jurisdiction, and
this court cannot ascertain the iurisdic-
| ton, GtiERds the record. [51 Texas, 454. ]
II the county court acquired jurisdiction
| by appeal from justice court, the record
must show the necessary jurisdictional
fact to invest it with jurisdiction. The
county court not having jurisdiction. the
court Of appeals has none. 70 Texas, 313
/ 3 Texas, 157; Texas. 263; Texas, 223.
| Appeal dismissed Walker, p. j.
Taylor VS.. Collins; appeal from John
son county.-No court can alter, vacatt
or annul final judgment regularly en-.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
County Court.

Hon. Il. II. Fillmore, Judge presiding; Frank
Brown, Clerk.
In this court yesterday most of the
day was devoted 10 the transaction Of
probate business. In the case of Myer
VS.. the International railroad, judgment
for 800 for plaintiff was rendered.
PROBATE BUSINESS.
In re Tinnin minOls.-Final settlement
and guardian discharged.
Inre Thomas Cha mers ct al, Minors
Annual account of guardian examined,
and ordered recorded.
Estate of d. Watrous. - Cause dis
missed.
Estate of J. W. Parks. - Administra-
tor cited to file final account.
Estate of Ben Goss - Administrator
cited to file final account
Estate of Thos. Eborn.-J. W. Bergen
qualified as administrator
Henry G. FISHER ct al. minors. - Re
port of contract for investment of money
of wards approved and guardian to pay
over money to vendor and receive
deed.
Selma A. Hanks ct al, minors.-Guar-
dian cited to file annual account.
In re Chas. Monroe ct al minors. -
Final account of guardian with Charles
and Walter Monre approved and guard
ian discharged, and annual account as to
Kate Monroe approved and ordered re.
corded.
Inre Matte Robards, minor. Guardian
cited to file annual account.
In re Cora Slaughter. &C
count with Lucy A. Slaughter approved
and ordered recorded and final account
with Alice Chapel approved and guar
dian discharged.
In re j. G. Collins, minor.-Guardian
cited to file annual account.
In re j. NJ Nuchols.-Annual account
of guardian approved and ordered re
corded
In re C. W. Schenken ct al, Minors
Guardian cited to file annual account.
Estate of s. B. Brush.-Annual &C
count of administrator approved and or
dered recorded.
In re w. L. Robards, Mary Robards
and Eva R0bards cited to
file annual account.
In re Jonathan Green ct al, Minors
Dismissed.
In re. Lula A. Denny, minor w. c.
Denny qualified as guardian
In re. N. G.. Lane ct al.-Guardian
cited to file annual account.
In re. Frank W. Carothers, minor
Final account of guardian approved and
guardian discharged.
Estate of James McGowan.-J. V.
Bergen qualified as administrator.
In re. Emma Lee and Eula Caldwell,
minors.-Annpal account of guardian
approved and ordered recorded.
In re. Hugh w. Caldwell, Minors
Annual account of guardian approved
and ordered recorded.
In re. Pearl Conner. minor -Guardiar
resigned.
In re- Frank Doughty ct al. minor
Guardian cited to file annual account
In re. Ed. and Kate Summerow, mi
nors.-Order to sell 240 acres of land il
Zavalla county granted.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01

THE STATESMAN Inexperienced
the purposes of our city school
board. The necessity for a school
building in the eastern portion of
the city is great and it is the purpose
to obtain, If possible, money to build
It, the board agreeing to return so
much of it thereafter, annually, as
NAV be SHARED.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
Death of aIr. Denny.

MIR. Alexander Denny, we'll known in
this city, where he has resided for several
years, died In the city hospital Tuesday
night. MIR. Denny was a man of proba-
bly, itty-fve years of age, and was ma
tive OF New York state. He had rela-
tives residing in that state. He was at one
time custom house officer at Galveston,
and at another a clerk in the Texas legis.
la'ure. Latterly he was deputy sheriff
under Mr.. Ed. Creary, and the latter
generously provided his deceased friend
with decent funeral obsequies and chris
tian burial. Mr.. Denny has long been |.
sufferer from iniammatory rheumatism.
which disease finally caused his death.
lie was buried yesterday afternoon at
half-past four o'clock.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
POSTAL CARDS

GIDDINGs, May 3l--Our community was
much interested yesterday in the mar
rage OF MIR. III. o. Boatwright, of Bryan,
TO Miss Leila Low. of Giddings. DR.. II .
Nj. Low, the brides father, ofliciated, as
sisted by Rev. Mr.. Buchanan, of the Pres
byterian church. Attendantss Miss Liz
zle Low and DIR. z. S. Turner; Miss Wal
lace and Mr.. @. l.. Geyer; Miss Ada Hem
derson, OF Bryan, and Mr.. Edgar Scurry !;
MISS Minnie Kylich and Mr.. Fred.
Barnes. The marriage took place nc the
Baptist church and the bride and room
left Immediately on the O'Clock train for
Bryan, their future home.
ELGIN, May 3l-Yesterday while child
oil Mr.. Cook Christian was playing on the
street COW approached IL and took her
up on her horns. She approached the
second time. but assistance came In time
and rescued the child from death. 1t il
In critical condition. Had heavy rain
last night. Farmers think they are get
ting too much of IL.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01

The Waco Examiner is in hot
water. 1t is known that it never
says anything TO injure Senator
Coke's standing as a politician, and
now that it has spoken Aippantly of
Mills chances, aud Coke is reflected
upon thereby, the Examiner is in a
peck of trouble, and makes despe-
rate efforts to explain.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
nastrnInx YiIIainx.

When you go to your druggist to buy a
bottle of Simmons Liver Regulator. and
he offers you some counterfeit with
similar sounding name and says sit is
the same thing or just as good. ask him
his motive for not giving you the genuine
in White Wrapper, with red
Z thereon, prepared by j. II. Zeilin & Co.
The only object such dealer can have is
the fact that he makes an extra twenty
five cents per bottle profit by selling
cheap and counterfeit article which NAV
do YOU positive injury.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01

FoR q complete straddle of the
questions at issue between the people
and the railways, we may be per-
mitted 70 refer to the card of Judge
Henry. How fortunate tits for HIM
that he declines to be a governor by
the @right Of succession or by
any other kind of right
lie thus not only saves him.
self defeat, but relieves him.
self from great deal of very
proper criticism He Is not a public
man, and we are glad of il. for be-
ing, as he declares, in private life, it
il even proper that his expressions
be allowed to pass without that no-
tIce which their absurdIty calls for.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01

WEAVER, the fellow who was not
in weaving way when nominated
for the presidency, is coming down
TO Texas to "whoop up" Greenback-
ism and General Bonaparte Rob
ertson is anxious to grasp his hand
and call him brother.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01

TUE Geneva award bill has passed
the senate by q vote of thirty-eisht
to twelve, and now only awaits the
approval of the president. By the
provisions of the bill, the court Of
commissioners of the Alabama
claims is re-estabIished. A presid-
ing justice and two associate judges
shall constitute the court. 1t will
convene as soon as practicable after
the appointment of judges, organize
in Washington, and exist for two
wears.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01

SOUTH GABRIEL, May 3l.--A depot has
at last been established on the Austin and
Northwestern railroad about mile and a
half from this place. The town will be
laid of and lots sold in few days. Il
has been given the name of Bertram, in
honor of the wIde-awake merchant OF
Austin, and one Of the directors OF the
road. Our town will be numbered with
the dead, and all business men are Just
waiting for the new town to be laid of,
when they will move.
Farmers are beginning TO harvest
They say grain is yielding much better
than was anticipated. Plenty OF rain,
with prospects for more.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
The Republican state Conyep,,on.

Gov. Davis, in answer to his circular
asking for the preferences of the execu-
1--WE committee as to where the next Re.
publican state convention shall be held
and what time, has all Of the replies in.
The vote stands as follows
Austin votes, Fort Worth 8, Dallas
2, Houston 2, Houston or Dallas 2, and
remainder scattering, one vote each for
various places in southern Texas. Time
about first Tuesday in August. The
chairman will recommend that The three
places having highest number of votes as
above be voted for on next ballot
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
"BepubIicans from principles,
Harrisburg Patriot CDem.l

The state convention OF indie
pendent Republicans which assem-
in Philadelphia yesterday, accom-
plished its work speedily and har-
moniously. 1t was an assembIage.of
the intelligent and thoughtful men
Of the Republican party, with but a
very slight admixture ofthe profess
ional politician. In fact, the nate
rial OF the convention consisted al
most exclusively of original, hard
shell Republicans, who have never
had The slightest strain ofDemocrat-
ic blood in their veins, and who
pride themselves on being Republi-
cans from principle.