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

Justices, J. p. White, S. A. Wilson, M. j J.
Hurt: Clerk. James L. White.
The following cases were affirmed
without written opinions
Foster VS.. state; appeal from Goliad
county.
Taylor VS.. state; appeal from Falls
county.
Dickerson VS.. state; appeal from Color
ado county.
Perry VS.. state; appeal from Falls
county.
King VS.. state; appeal from Falls coun-
ty.
Appeals in the following. cases were
| dismissed.
Sprouse VS.. state; appeal from Milan
county.
Forester VS.. McNutt; appeal fror, John
| son county.
Herschel VS.. state; appeal from johnson
county.
McCary VS.. state; appeal from Bosque
| county.
Kelley VS.. state; appeal from McLen-
nan county.
Pierce VS.. state; appeal from Bosque
county.
Davenports VS.. state; appeal from Bell
county.
The following motions were overruled: /:
Muldrew VS.. state; from Milan county.
For certiorari, (three cases.
Brown vs. Dubar 81 Mason; from Falls
county. To dismiss.
johnson VS.. state; from Mitchell coun-
ty. For rehearing
Houston and Texas central railroad VS..
McGlasson; from McLennan county. To
dismiss.
Smith VS.. state; from Tarrant county.
For rehearing.
Barton VS.. state; from Hill county. To
dismiss.
MCGEE VS.. state; from McLennan coun-
ty. To retax costs.
The following cases were referred to
the commission of appeals by the court
of appeals
Painter ct al VS.. Strauss s. Co.; ap-
peal from Fannin county.
L. u z. railway company VS.. Fort;
appeal from Dallas county.
Munson VS.. Metz & Bro; appeal from
Grayson county.
Sinker, DAVIS & Co. VS.. Leman: an
peal from Dallas county.
johnson vs.. Barker; appeal from Tar
rant county.
Phillips ct al VS.. Blum, appeal from
Galveston county.
Larue VS.. Bower; appeal from Grayson
county.
Freiberg, Klein & Co. VS.. Thacker; ap-
peal from Dallas county.
T. & P. Railway company VS.. Nor
row; appeal from Grayson county.
Mckee VS.. Celtic ct al; appeal from
Guadalupe county.
Everhardt VS.. O'Bannon; appeal from
Grayson county.
Ireland VS.. Montgomery; appeal from
Travis county.
Parks & Thompson VS.. Bullard e.
Ogolsborough; appeal from Ellis county.
Fort Worth Mill company VS.. Milan
& Patterson; appeal from Tarrant county.
Gunter & Munson VS.. Austin college:
appeal from Grayson county.
Harry 81 Bro. VS.. Radkey; appeal from
Travis county.
Phillips & Warrick VS.. Sass appeal
from Lee county.
Webb & Bro. VS.. Harris appeal from
Caldwell county.
Motley VS.. Beauchamp; appeal from
Dallas county.
I. & P. railway company VS.. Gum !;
appeal from Lamar county.
G. 7. 81 NJ. G. railway company VS..
Ritter and wife appeal from Dallas
county.
Conrad & Co. VS.. Walsh appeal from
Grayson county.
Schramm ct al VS.. Nolte appeal from
Guadalupe county.
Debrell VS.. Ireland & Burgess appeal
from Guadalupe county.
| Davis, Administrative, VS.. Yates an
peal from GraysOn county.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01

The women in party of Russian
Jews who arrived at Castle Garden
a few days ago attracted a great
deal of attention from the fact that
they all wore wigs. The explana-
ton of the circumstance is said to
be this: For generations past, when
an orthodox Jewish maiden we'd
ded, she had, prior to the ceremony,
TO have all her hair cleanly shaven
from her head, in order that her hus-
band should see her in her least at
tractive form, so that in after years
when the woman becomes decrepit
she would not appear less loyable in
the eyes of her husband than she
did on the wedding day. Another
given reason Is that woman whose
head is cleanly shaven would not at
tract attention from other men.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01

IT is said: "If the Irish want
home rule, why do their public
bodies not pass resolutions in its
favor, and the people send up peti-
tions asking for it?' There are sew
eral reasons, the first being that
comparatively few of them care a
snap for home rule. They want "the
land" and they want independence
but for any such halfway measure
as home rule they care little. And
to petition for independence would
be gross absurdity. Another rea-
son, If another be needed, for their
abstinence from petition, is that this
is not an Irish method of seeking
the redress of wrongs. 1t was not
petitions that secured Catholic
emancipation, the reform of the
municipalities, the abolition of tithes.
the disestablishment of the Irish
church, the land acts of 1870 and
1881, and the new amendment to the
latter. Not petition, but agitation
and pressure, have they found to be
efiicacious. No wrong has been re-
dressed in Ireland until after social
uprising which verged on revolution.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
commissioners OF AppeaIs.

Freeman vs.. Brundage; appeal from
Dallas county.-The defense offered in
evidence the judgment and execution
under which the sheriff's sale was made.
He also offered in evidence the sheriff's
return upon execution and writ OF Uezdi-
tioni erDonGs, which latter were excluded
upon objection OF variance, the petition
describing the land as lot seventeen %
and in the documents referred to as LOT
seven." Held, error that he was enti.
tied to any suitable evidence going to
establish the identity OF the land. Re-
yersed and and remanded.-Walker, p. j.
Horne VS.. Shamblin appeal from Nc
Lehman e0unty.-That an agreement 10
transfer land was not in writing does not
bring IL in violation OF the statute OF
frauds. The contract asserted by the
petition was that in order to enable Mrs.
s. to preempt the land, ii. agreed and
did put up a house and made such other
improvements on the land as to enable
Mrs s. to obtain title, Mrs. s. agreeing
to deed him eighty acres OF the land upon
acquiring title. Exceptions to the petition
were sustained on the ground that such
contract was in violation of the statute
Of frauds and against public policy.
Held, error. Reversed and remanded.--
Watts, j.
Davis Il Bro. VS.. Saladee ct al; ap.
neal from Falls county.-The per.
manent separation Of husband and
wife and her management as fame col.
or head of the community OF her bust.
ness Interests, qualities her TO contract
with reference to her separate estate, and
her individual note, executed under such
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01

No oNEis opposed to a well equip
ped navy, for there may come time
when one may be needed to defend
us against the encroachments of
pretentious naval powers. Not
many years ago-up to just before
the beginning of the war-the
United States had powerful navy
and was prepared to cope on the
seas with even England, then
having the strongest navy in
the world. Now the United
States has few old poorly
armed vessels, scattered over
the oceans, where they are not
needed, aud where they could do no
good If they were wanted. 1t is
this excuse of a navy, however, that
has given the Republican managers
pretext for using vast deal of the
public money. Though our navy
cculd not at this time success
fully cope for one day with
the navy of either Italy or
Chilli, still it has cost under the Grant
regime sl2o,OOO,OOO. enough to put
two hundred of the finest armed
ironclads afloat. Can there, there
fore, be any very great wonder that
congress hesitates to vote great ap-
propriations for naval purposes
Robson, who was secretary of the
navy when the greater part of these
millions was squandered, is now
chairman of the house naval COM
mittee, and he urges new and large
appropriations. Were some other
man than Chandler secretary of the
navy at this time, the demand might
be granted, but not only are Demo-
Gratis opposed to placing money in
precarious places, but so are the hon.
est and thoughtful Republicans. 1t
Is entirely safe to conclude that were
congress TO set aside $4,000, 900 for
building war vessels, the one-half of
this sum would go down illegitima-
ted into greedy pockets.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
PHILADELPHIA.
A Supposed Phenix Park Murder
er Arrested.
National Associated Press,

National AesOclaLeQ Hressl
On the arrival of the American
line steamer British King, at Phila.
delphia, May %, Detective Charles
Miller, representing the British
consul, boarded her, and arrested q
middle-aged Irishman who gave the
name of Finnegan, on suspicion OF
being concerned in the Cavendish-
Burke assassination. lie was found
slowed away when two days out OF
Liverpool, the vessel not stopping
at Queenstown, when questioned,
he replied evasively that he came TO
see friends in New York. He said
at first he was a Scotchman. and tr en-
admitted he was an Irishman. When
two DAYS from Delaware break
water, he washed his pants, which
had several spots of blood ON them.
He has a sore foot and a partially
sprained aDkle, which he said came
from having fallen from a vehicle.
He was taken to the British consul
late for examination. There was
six Irish-Americans among the pas
sengers. Finnegan was terribly
agitated when arrested. He slept
in lodging house tonight, detec-
tive being unknown to him in the
next room. In statement TO the
British consul he said he was a coal
HEAVIER out of employment, and
thought if he could get to go to
America he could get work. He
claimed to have friends in New York
but refused to give their names.
One impression produced by his
statement and manner is that he is
only "bum," but it is considered
advisable to have him shadowed for
the present. He is a middle age and
has sandy complexion, and his
height corresponds strongly with
published description of one of the
Phoenix park assassins. Hence the
arrest.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
REF RIGERATOR CARS.
A Great EntcrprIsc for Texas.

The STATESMAN has frequently noted
the new enterprise of refrigerator cars,
discussing the great benefits 10 accrue 20
Texas therefrom, and now we cheerfully
give place TO the following well written
article In the IerGs Land and RGfLz0ag
Journal.
"The above named enterprise has
opened to live men In Texas new in
dustry, as it will enable them TO engage
largely in the production Of fruits and
egetables for the northern markets, a
business which has hitherto offered no In
ducements, inasmuch as no adequate
means OF transportation sufiici-
emily rapid and cheap has been
within their reach. Fruits and
press from northern Texas TO st. Louis
in limited quantities, and often sold at
fairly remunerative prices, but in the
absence OF any provision insuring preser-
walton in transit, there-has been too much
risk and too heavy expense TO leave much
profit, but with the refrigerator cars In
which they are now transported. with
New York IN about as good condition and
almost as fresh as when they started, the
business may be made profitable.
We understand that the arrangements
OF the company are such that large aud
small shippers can be equally accommO-
dated, as packages OF any quantity, large
or small, will be taken. The Texas farm
er can produce and put on the northern
market, fruits and vegetables from two
TO three weeks earlier than they are at
tainable there, and, as IN all large cities,
such commodities. in the early spring
months, bring very high figures, there
can, with these facilities for quick and
safe transportation, be no more profitable
business than their production.
But fruit and vegetables are not the
only articles which can be transported
from the south TO the northern markets
and landed there fresh and in fine condI-
tion, Dressed beef, mutton, fowls and
all other kinds OF meats aud perishable
articles can be forwarded as well, and
the time, we predict. is not far distant,
when beeves and other animals will, no
longer as a rule, be shipped on
foot, because IL will be as cheap
to slaughter at home and ship
the carcass Qess the offal and waete) In
refrigerator cars. Western Texas
abOunds with game which would ind
market IN the north and east but for
want of transportation facilities, which
would enable shippers TO place IL In mar
ket fresh. These cars, running from
ri Paso, on the t. and p. VIII afford
those facilities, and then there II no
reason why Texas game and fresh buffalo
meat from the far western plains should
not be sold In the eastern markets The
refrigerator car Is valuable institution
to Texas.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01

The agent for the Mescalero Apa-
che Indians, of New Mexico, says
''In view of the failure in congress
to make appropriations for subsis-
ting these Indians, and in view that
beet aud flour on hand will only last
until July l, and that these Indians
have no means of subsisting them
selves, 1t seems TO me that it will be
policy to transfer them to the war
department, who should take charge
of them before starvation compels
them to commit depredations which
will naturally lead to a great loss of
life and destruction of valuable
property" This is all there is in the
Indian business. If the noble red
man cannot have his government
rations promptly he will go out and
kill somebody. 1t does not occur to
him to hunt honestly for living.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
SYNOPSIS OF OPINIONS.
[RepOrted expressly for the STATESMAN.
Court of Appeals.

court OF Appeals
Gelley VS.. state ;appeal from Montague
county.-The offense of willfully disturb.
ing a congregation, assembled for reli.
gious worship, is an offense specially de.
nounced by statute That the disturb.
ance is willful is an essential element TO
the offence. Where the recogniZance
on appeal fails to describe the offeEte as
"willful" disturbance, it does not,
under our law, describe an effense.
Hence. the appeal must be dismissed.
Per curiam.
Morgan VS.. state from Brown
county.-The conviction IN this case was
for burglary, and the punishment as
sessed was three years in the peniten-
tiary. But upon Inspection of the record
it is developed that not only was
the charge not excepted to at
the time it was given, as is necessary,
but it was not even complained of in the
motion for new trial. Again, there was
no exception to the refusal of the court
to grant a continuance Under these cir
cumstances, the judgment can only be
affirmed. Affirmed.-White, p. j.
Michael & Michael VS.. state appeal
from Comal county.-It was decided in
43 Texas, 666, that when road has long
been used as public road, and recog-
nized as such, by order OF the court ap-
portioning hands to work the same, this
was sufficient to establish that fact with
out a separate order establishing it as
such. The facts in this case show that
the road, for the non-wOrking of which
appellants were convicted, was so recog-
nized. Under that authority the judg-
ment is afiirmed.-Hart, j.
Taylor & Johnson VS. state appeal
from Travis county.-Where, as in this
case, 1t appears, from the record, that
the charge complained of in this court
was not complained of and exception
taken in the court below, nor proper
charge on the question at issue asked al
the proper time, this court viii not, un
der its rules of practice, review the ac-
ton of the court below. Such is the
! case disclosed by the record. Affirmed
Per curiam.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01


THE country seems to be dropping
into trade condition that is salts
factory. Referring to this fact and
to the well-known principle that a
period of business stagnation usual
ly follows one of excessive activity,
Bradstreet's holds that there is moth
ing in the present situation to indi-
cate general crash; that a conser-
vative spirit has for some time ami
mated the trading public, and as a
consequence the violence of the drop
will be broken also that at some
day when the sources of commercial
statistics are less imperfectit will be
possible to erect storm-signals
and call a halt before reaching
the conditions which compel violent
reaction; that the time will come
when the development of overtrad-
ing can be determined by the cur
rent business statistics of the day.
1t will be happy day when this can
be done, provided men will learn
to profit by the information. The
excessive fluctuations in production
could be avoided and wage laborers'
employment would be more steady
and their pay more reliable and
even. But even though the statis-
tics were known to be accurate, the
power of constituting them would
not belong to all alike. The
prophets would disagree then as
now regarding the deductions to be
made, and even though all were
agreed that at given time the pro-
duction was too great to last, how
many would heed the warning in a
way to avoid or prevent the "violent
1t is great temptation
to all to make hay while the sun
shines, and to make the largest possi-
BILE amount of il. The iron men for
years past have known what
was coming, and known pref
ty nearly when the relapse
would come, yet they did
little to even up one year with an
other. They have probably pre-
pared against crash but the coming
reaction will hardly be confined to
lower profits and narrow margins.
Idle mills and factories will leave q
host of laborers to seek new employ
ment, and it will be hard to make
any use of statistics which will at
any time prevent these alterations
from going to extremes in both di-
rections though financial panics may
become less frequent.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01

A FEW days ago the new Read.
juster board of trustees for the Uni
versity of Virginia met and was
soon surrounded by all sorts of fel-
lows lobbying for whatever patron
age the board had to bestow. How
learning, which needs above all
things pure atmosphere TO breathe
in, can continue to flourish amid
the corruption of the political spoils
system, is question that students
will ask themselves in vain. How
can an instructor face his pupils and
urge upon them the claims of sound
learning when they know he holds
his chair by virtue of political SER
vice? The probability is that at the
next session of the board some of
the most eminent professors OF the
institution may be retired. II so,
and our university regents are not to
be governed by personal applica-
ton, Virginia's loss may be Texas
gain.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01

SoLoN CHASE is fighting the So
called Greenback party in Maine
with as much vigor as he ever showed
against the advocates ofhard money.
In his paper, Them Steers, he charges
that the Greenback convention,
which is called to meet at Bangor,
June 1, is only trap set to catch
Greenbackers; that it will be in re-
ality a Democratic convention, and
will take no action which the Demo-
cracy cannot ratify at its convention
in Lewiston, June q. Now what
the STATESMAN wants is the "silent
man of Texas" to go on and
straighten up old Solon. Two years
ago he was the Greenbackers' light /;
now he has. recovered his reason.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
WHISKY.
A Languid InvestigasiOn of Win
dcm,s Ring.

WAsHINGTON.--When Window in-
troduced in the senate a resolution
to investigate what he called the
whisky ring, he probably thought
he had struck big thing. If he
could expose the corruption of a
combination of distillers, it would
be feather in his political cap. 1t
is known that he hasn't got rid of
the idea that he made the Republi-
can candidate for president IN 1884.
Weeks are passing and WINDOWS
committee is doing nothing toward
the investigation of his ring. This
fact is causing comment. Some per-
sons are so wicked as to suggest that
Window, having become satisfied
that the proposed investigation
would turn out to be fizzle, doesn't
care to incur the displaasure of the
whisky manufacturers by dragging
them before a committee. Hostile
whisky men might thereafter put
distractions in the road 10 the White
House.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01
Personal.

Mrs. CraIner, mother of the mur-
dered Jennie Cramer, has sold out
her New Haven cigar store.
Mr.. James Gordon Bennett in
tends to give series of receptions
on his yacht before he sails for the
Canaries.
Edward Richardson, of Missis-
sippi, is the largest cotton raiser In
the world, the khedive of Egypt be-
ing second.
The author of "oee that my grave
is Kept green" is in Jail at lndianapo-
lis-not for writing the song. but on
a charge of forgery.
The queen of Italy has q nice sense
of the picturesque, and in summer
never wears bonnet if she can help
it. She takes her afternoon drives
with her beautiful head covered
only by the mantilla or black lace
veil.
James Watson Webb, of New
York, is 81, and smokes necessarily.
Thurlow Weed is S4, and drinks
large quantities of Santa Cruz rum.
Peter Cooper Is 81, and lives on a
diet OF oatmeal. They are all vigor-
Gus, healthy and happy.
Whittier tells this story of drive
with Emerson: AS we drove past
a certain house, he said, turning his
head toward it, There lives a good
Calvinist woman who prays for Inc
every day. and then, with his fine,
indescribable smile, Pm glad OF
itp"
Bishop Wigger, of Newark, n. j.,
has pronounced the play of the 1.-TWO
Orphans" immoral, because a sister
of charity tells lie and justifies the
act on the ground that it is resorted
to for good purpose. lie forbids
its representation by any Catholic
society i'll the diocese of Newark.
Among the bequests by the will of
one OF $4,000 for public library at
La Crosse, Wisconsin, and another
of $350,000 for memorial orphan
asylum at Minneapolis, as tribute
to his mother. The estate is valued
at $2,500,000, and the bequests aggre-
gate over 100000.
The Philadelphia Press announces
on the best authority that Miss Clara
Louise kellogg has broken her en-
gagement with Mr.. L. B. Whitney,
and says that it is better, if the break
ing off had to come, for it to take
place before rather than after mar
riage. Miss Kellogg will probably
return to the stage.
The announcement of the engage
ment of the Princess Beatrice recalls
the sarcastic speech with which she
greeted the news OF her sisters en-
gagement to the Marquis of Lorne: {:
"Welt, | suppose l shall have to take
of Marshall & Snellgroye's young
men," the firm named being the
leading dry goods house of London.
Her royal fancee is not prince
among merchants, it is true, but he
is a mere grounding among princes; !;
so that after all she was not so far
out i'll her prophecy.
The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-06-01

Texas and New Orleans Railway Com
pany W. White; appeal from Tom Green
county.-Under the revised statutes a
summary judgment cannot be rendered
against the principal aud sureties. nor
the principal alone, IN an injunction bond
for the principal Of debt enjoined, upon
the mere dissolution Of the injunction.
But the courts OF this state have ample
power TO grant relief TO creditor with
out a resort TO a separate suit upon the
bond, under proper pleading aud proof,
for hindrance IN the collection OF his debt.
There was neither pleading nor proof OF
special damages, and the court erred In
rendering judgment against the principal
or sureties for the amount OF The judg-
ment enjOined. Reversed and Iemanded.
-Stayton, j.
Grigsby VS.. Caruth; appeal from Dallas
county.-The court charged that the par
titi0n proceedings in probate courts OF
ii. and A. counties in estate OF John q.
did not operate as an estoppel OF record
as to plaintiffs, but If ID. Il. q. made sub
sequent sale of the land he received IN
partition, and referred 10 10 as his source
Of title, then It would operate against
him as an estoppel In Pafs, and his right
OF recovery. But held that the partition
proceedings referred TO were those Of the
estate OF Jno. e.. only. and not l.. g..
through whom appellant claimed. No
fraudu ent concealment or mihrepreeen-
tation is shown, and there was not, conse-
quently, an estoppel IN pais. Reversed
and remanded.-Bonner. j.