davidaulloa/AmericanStories huggingface dataset:
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
August Relmont,s Duel.

During the proceedings in the trial
of the libel suit of August Belmont
against John Denvoy IN New York
last week, Mr.. Belmont being pushed
with questions, gave the following
account of his duel with Edward
Hayward, a South Carolina planter:
One evening in August, 1841,
have forgotten the exact date, / was
at Niblo's garden, in one of the cor
ridors of the theatre. A friend OF
mine, Mr.. Lionel Davidson-since
dead-was with me. Mr.. Hayward
entered the theatre and approached
us. He greeted us very cordially
striking me smartly over the shoulder
with his cane, eXclaiming, "How are
you, old felloW?" Neither of us
then, am sure, had the slightest idea
of what was impending. MI. Hay
ward passed on into the theatre. My
end of the table in the garden.
We fought at Elkton, Md. at ten
PAGES, l believe. / maintained the
honor of my manhood, and my antag-
onist certainly showed no lack of
and fell before l could discharge my
revolver. Hayward had his arm rails
ed at the time the signal was given.
L held my pistol loosely by my side,
consequently Hayward was the quick
est to take aim and fire. After my
wound had been dressed, was taken
to Philadelphia and was laid up for a
long time. The ball was extracted
three weeks after l had been shot.
Hayward's relatives tended me most
cheerfully and kindly during my i'll
ness. My relations with them for
many years after were OF the most
cordial nature. Mr.. Hayward died
down South some years later. was
only twenty-four years old at the time
of the duel. My opponent was not
twenty-five.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
AwOMAN,s EXPERIENCES.

Mrs. William Downes, OF UXbridge, Mass.
writes on March IS, 1885, as follows:
'During the past three years | have been Il
great sufferer from a complication of diseases
which battled the skill of the most experienced
doctors, as | could not obtain permanent relief
by their treatment and prescriptions; and |
have also tried many so-called cures in the
medicine line, but could get no relief The
pains, aches and weakness increased so rapidly
and constantly that was reduced in strength
as to be unable to leave the bed, and the doe
tors informed me that there was no hope of a
recovery In this exhausted and discouraged
condition a dear friend persuaded Inc to use
Hunts Remedy, and after taking it only three
days l commenced to get better, and to my
great joy and delight l have continued to i'm
prove constantly by its use, until now, after
having taken the remedy only few weeks,
am able TO be about my house again, and am
now doing my Homework. My lame back is
cured, the severe pains have disappeared, and
l am now in better health than for many years,
and ~ this privilege of gladly recommending
HuRsS Remedy to all who are affected with
any disease of the kidneys or liver; and also
highly recommend it for the attacks of sick
headache My husband also has experienced
a very great benefit to his health by the use of
this most valuable medicine, Hunts Remedy"
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05

the remedy now known as Warmers
Safe Cure"
And this caused you to manufac-
ture it 2"
No, it caused me to investigate. l
went to the principal cities, saw ply
slcians prescribing and using it and
therefore determined, as duty l
owed humanity and the suffering, to
bring it within their reach and now
1t Is known in every part of America,
is sold IN every drug store and has be-
come household necessity"
The reporter left Mr.. Warner, much
Impressed with the earnestneSS and
sincerity of his statements and next
paid visit to DIR. ). A. baltimore, at
his residence on Prince street. DR..
baltimore, although buSily engaged
upon some matters connected with
the state board of health, of which he
is one of the analysts, cOurteously
answered the questions that were pro-
pounded to him:
did you make chemical analysis
OF the case of Mr.. III. III. Warner some
three years ago, doctor?"
Yes, sir"
what did this analysis show you?"
"The presence of albumen and tube
casts in great abundance"
And what did the symptoms indi-
cate"
"a serious disease of the kidneys"
did you think Mr.. Warner could
recover"
"No, sir. 1 did not think it posi-
BILE. 1t was seldom, indeed, that so
pronounced case had, up to that
time, ever been cured"
do you know anything about the
remedy which cured him?"
Yes, have chemically analysed it,
and, upon critical examination, find it
entirely free from any poisonous OF
deleterious substances"
We publish the foregoing state
ment in view of the connection
which the publicity Of DR.. Henion's
article has caused and to meet the
protestations which have been made.
The standing of DR.. Henion. Mr..
Warner and DR.. baltimore in the
community is beyond question, and
the statement they make cannot for a
moment be doubted. They conclu-
sively show that Bright's disease of
the kidneys is one of the most decep-
tive and dangerous of all diseases,
that it is exceedingly common, alarm
ingly increasing and that it can be
cured
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
DEPARTMENT NOTES.
THURSDAY.


All except Gov. Ireland of the
heads of the state departments have
returned, and he will probably return
this evening.
Tax Collectors Fritter, of Kinney,
Dougherty, of Frio, and West, of Nc
Lehman counties settled yesterday
through the comptroller, paying about
$500 balances into the state treasury.
The charter of the Gainesville land
and cattle company, capital stock
81 100000, was filed with the secreta-
ry of state. The principal Office is at
Gainesville, but their operations
will extend to Cooke, Cottle, King,
Knox and Hardeman counties. The
directors are F. j. Hall and four
Messrs. Witherspoon.
The amended charter of the Mar
shall, Jefferson and Northwestern
railway company was also filed, chang.
ing the route so as to commence at
Marshall and extend through Harri.
son, Marion, Upshur and Camp coun.
ties to Pittsburg. and also from Mar.
shall through the counties of Harri
son, Rusk, Pamela and Nacogdoches
to the town of Nacogdoches. The
capital stock of the company is ST.,
| 100000.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
THURSDAY.
Court of Appeals,

In the case of Wilson VS.. state, from
Dallas county, Wilson was convicted
of murder in the second degree, his
punishment being assessed at contine-
ment in the penitentiary for sixty
seven vars.
Judge Aldridge had charged the
jury that the punishment was not
less than five years; and in answer to
inquiry from the jury as to what is
the highest punishment the law al
lows for murder in the second degree,
replied that it was confinement in
the state penitentiary for life" Held:
This was error under the authority
of the following cases: Binford VS..
state, 40 Texas; Searcy VS.. state, Allen
VS.. state, and Garrett VS.. state in LIST
Court of Appeals Repts: Robinson VS..
state, and Hamilton VS.. state, in I'd
CT. APP; Jones VS.. state, 18th ct. App,
and ColtOnS VS., state, 9th ct. app.
The judgment is reversed and cause
Telndnded.-Hurt. j.
In Sutton VS.. state, from BeXaT
county, the court held that the mo-
ton to quash the Indictment should
have been sustained, because it is no
where alleged in the Indictment that
the check or draft was delivered to
or accepted by Baker and Burroughs
as the consideration upon which they
loaned the money to the appellant
and that owing to the manner in
which the offense (swindling) is at.
tempted to be SET forth in the indict.
ment, this additional allegation is nee
essary to make it complete. See White
VS.. state, Tex, CT. App, Cos; John
son VS.. state, IL Ind, and state VS.
Orris, 10 Ind. The Indictment should
allege all the material facts necessary
to be proved to procure conviction
1t was manifest error, too, for the
court to refuse a postponement fol
witness to bring into court the &C
count which he had been subp9naeG
to produce. 1t;was competent for de-
PENDANT to show the course of dealing
between the parties before and after
the date of the alleged crime, to de.
termine as to the intent of defendant
and whether the creditor was using
the criminal law to enforce the collec-
ton of debt. State VS.. Rivers, So
Iowa For in8ufficiency of the indict-
ment to charge the proposed offense
the prosecution is dismissed. White
-
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
An open letter frpm his honor

An open letter flpm his honor
Judge McAdoo:
BRENNAN. TEX. March IL, SO.
MessrS. Walker & Bell:
l bear cheerful testimony to the
treat value of DIR. Tobin's "Hepato-
zone. In the spring of 1881. after
several months of low health. | was
completely Frustrated by what ulti-
mately eliminated IN the breaking of
large abscess of the liver-discharg-
ing through the lungs and throat, in
the spring of 1882. For more than
year, under the most skillful
and constant medical treatment,
L was complete invalid, with
general dropSy, and terrible
heart troubles, in addition to the dis
ease of the liver. After the abscess
OF the liver discharged and healed,
and the other distressing attendant
maladies disappeared, the crippled
condition of the liver has been such
that | have been compelled frequent
ly to take medicines to stimulate its
action and regulate its secretions.
About month ago | was induced to
try the Hepatozone, and | have found
it the very remedy needed. 1t acts
upon the liver, and regulates its secre-
lions without any unpleasant effects;
no nausea, no gripping, no interference
with diet or digestion, and is tonic in
effects. believe it to be most val
liable remedy. J. ID. MCADoo.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
The "yengeful" Creator.
dallas Times. !

The Rev. Mr.. Penn has broken out
in a new place. He is now preaching
the prophecy that the world is speedi-
ly to be dissolved, and gives the fire.
quency of cyclones, storms, hurri-
canes, ETC., as evidence of the truth of
his preachings. Penn is a nightmare.
The people never repose in quiet while
he is around. If he is not killing
some of them off with his deathly
prayers, he is foretelling all sorts of
evils that are to befall them. There
are some people in this world who are
only happy when their neighbors are
miserable. Penn should be called as
shepherd for such flock. and forced
to confine himself to the range where
such flock feeds.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
MISCELLANEOUS MATTERS AND
THINGS.

1t is proposed to erect a memorial
chapel and manSe at EpWorth, in
England, the birthplace of John and
Charles Wesley.
When Washington was inaugurated
as president in 1889, there were but
seven postoffices in the state of New
York. Now the state contains con-
siderably over 1000, or about 500 for
one of ninety-three years ago.
M. Pompien, the French aeronaut,
has succeeded in making two ascents
with his elongated balloon, carrying
four persons. In the second attempt
he was able to direct his balloon by
the action of his rudder independent
of the wind, something that has never
been before done.
Several Legitimist grandes DANES
in France have adopted for
their correspondence blue pa
per, on which is engraved in
the corner their coat of arms, sur
mounted by royal clown, yelled by
a slight cloud, with this motto in
Greek below "One gust of wind
will be enough"
The Daily Age has inaugurated a
permanent mineral exposition for
Birmingham by obtaining over $1,000
worth of mineral specimens. A tenn
porary storage place has been secured
for the exhibit. and many persons
have promised specimens and hearty
help, among them Prof. Eugene A.
Smith, state geologist, who has al
ready begun collection of. minerals
for the purpose
t. 81
guished men drive good trade by
selling the hair, teeth and nail-pair-
ings of their masters to curiosity hunt
ers, and it will not occasion any sur
prise to state that the best purchasers
are Americans. Just fancy how proud
it makes an American snob to possess
a cast-off piece of toe-nail that once
belonged to Bismarck or the czar
A New York civil engineer is in
Chicago in connection with the estab-
lishment of pneumatic pipe line be-
tween New York and that city. The
plans are to lay four-inch pipe for
the transmission of letters, messages,
grain samples and other light parcels
at very low tariff. Way stations
will be established at Cleveland, Buff
falo and other points. A meeting was
held on the 18th to organize the
enterprise.
Bricks impregnated at high tenn
perature with asphalt are being sue
cessfully used in Berlin for street
pavement. BY driving out the air
and water the bricks viii take up 10
or 20 per cent of bitumen, and the
porous, brittle material becomes dur
able and elastic under pressure. The
bricks are then put endways on beton
bed and with hot tar. The pavement
has been laid down in a part of a
thoroughfare where neither granite
nor compressed asphalt had hitherto
withstood the wear.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
Are The Louisiana Lottery Drawings

Falr.
The two commissioners who super
intend their single number drawings,
when interviewed on the subject, re-
luctantly admitted that the numbers
which were placed in the tubes and
put in the wheel were only counted
TWICE A YEAR. They draw the lot
terry every month. Is not this bare
faced fraud? Their excuse is that it
would take ten days labor, with four
assistants. How, then, can any tickt t
buyer in this lottery know that the
number on his ticket has acorrespond-
ing number IN the wheelp If they
desire an honest drawing, why do
they not, on the day Of and just before
their drawings, allow the ticket
holder the privilege of calling out his
number and see that it is placed in
the wheel so he then can have some
chance of it's being drawn out with a
prize from the other wheel? Other
lotteries have done so. Under their
system, why don't they make their
capital 100000? They might as
well. Is not the published list of WIN
ners in their lottery also a fraud? 1t
is very easy for a few dollars to get
persons who are willing to let them
use their names as the holders of a
big prize. Is 1t any longer wonder
how they controlled the Louisiana
constitutional convention, courts and
legislatures and a former postoffice
administration Under this system
of drawings, it will be no trouble to
make money enough to control and
run our very government.-From the
Philadelphia Record, June 8, 1888.
j29-d&W1t
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
ImnOrtant to Farmers.

1 desire to inform all and every one
that l now keep a full stock of hard
ware in connection with my well as
sorted line of implements and ma
chinery, and supplies, betting, brass
fittings, ETC., and request you not to
fail to call on me before purchasing
and examine the Skinner Il Wood
portable and stationary and j. j. Case
portable engines, Hall gins and Boss
double-screw cotton presses. AL
communications by mail shall receive
prompt attention.
u. II. GERHARD,
Wm9-3m East Pecan Street, Austin
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
Such as Dyspepsia, Headache, Neural.
gia, Water Brash, Constipation, or
any Irregularity of the Bowels.

This is combination of Saline and
vegetable materials, and contains no
mercury or any drastic vegetable Ca
thartic, such as mandrake and aloes,
and is far superior in its action, as it
never debilitates or produces any I'M
pleasant effects, it will remove all dis
eases incidental to a disordered state
of the liver and is therefore recon-
mended in all liver complaints. 1t
will act thoroughly on the liver in
from two to four hours time and does
not produce nausea or gripping pains
III the bowels.
DEAF AND DUMB ASYLUM,
Z
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
"OUR FLAG Is STILL THERE. !,

Mrs.. B. LongfellOw, Augusta, Me-, east side
river, writes us under date of April Is, 1888:
''To whom it may concern: This may certify
that two years ago was very badly afflicted
with kidney and urinary difficulties, which ex-
tended through the system and laid me up for
weeks, so that 1 could do no work. had the
most skilful physician in town, who gave me
no assistance. Hearing of Hunts Remedy,
got bottle, and half of it cured me entirely,
so that have been well ever since. The other
half 1 gave to "a neighbor who was afflicted
much as was. and it restored him to health.
l can truly say Hunts Remedy has been OF
great and meXpreSsible worth to me-
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05

Letter from the Hon. ex-comp-
troller:
AUSTIN, TEXAS. March 30, 1883.
Drs ]. J. & W. H. Tobin, Austin:
Dear Sirs-Having during the
past year used the remedy
prepared by you, known as
Hepatozone, / take pleasure in
stating that it has proved to be what
its name implies, a liver remedy /
have found no Alternative and purga-
tive more certain or freer from un'
pleasant effects, and none so efficacious
in arousing torpid liver to the per-
Torrance of its proper functions.
w. NJ. BROWN.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05

From DR.. j. L. Hansford, regular
graduate of medicine of twenty years
standing:
BURNETT. TEXAS, July Is, '82.
Messrs. j. j. & w. H. Tobin.
GENTS:-l have suffered for years
from torpid liver and stubborn con-
stipation of the bowels, and have tried
many remedies, but your Hepatozone
has given me more relief than any
remedy have ever used. Respect
fully, j. L. HANsFoRD.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
Justices Court-Precinct No. 3.

Justice Won Rosenberg. presiding.
Billy Campbell, negro about Il
years of age, was arraigned yesterday
before Justice Won Rosenberg, and
committed to Jail to await the
action of the grand jury on
charge of rape made against
him by Marcella Jackson, colored
woman about q years old. 1t is not
likely from all accounts that the
charge will be sustained.
Among the prisoners sent Wednes-
day to the penitentiary were F. M.
Brown, convicted of theft, and Robt.
Costley. convicted of forgery. Six of
the parties were sent before the dis
trict court by Justice Won Rosenberg.
Doc Owens was fined $40 for con-
tempt in not executing process OF
the court.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
INSTITUTION FOR THE BLIND, |

AUSTIN, May 10, 1883.
Drs. Tobin:
Your "Hepatozone" as a gentle
purgative has no equal. 1t moves
the bowels without making the pa
tient feel sick, weak or languid. 1t
is often the case that we feel a little
bilious, have some headache perhaps,
and are feeling unwell generally, and
only need an easy purgative to relieve
us; your "HepatoZone" is the medi-
cine for that condition. | relieved Il
case of dysentery with it in a very
short time. We use it largely in this
institution. FRANK RA-NEY,
Sup't Institution.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
Drs. j. j. s. w. H robin:

Drs. j. j. s. w. H robin
Dear Sirs-Your Hepatozone has
had rather extended trial in this in
stitution, among officers and pupils;
it has proven a safe and certain RENE
dy in affections of the liver. 1t is
also a valuable and cheap aperient.
1t removes constipation of the bowels,
relieves indigestion, and can be taken
at any time without any bad effect.
1 cheerfully recommend its use in all
cases involving arrangement of the
functions of the liver, and in many
cases where the stomach and bowels
are involved. Truly yours,
JOHN FORD, Supt.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05

property of Mrs. Wells and her hus-
band while he lived. The first clause
bequeathed to her all of her right in
the community estate. The third
clause states that his property is not
more than sufficient to enable her to
take care of her younger children
with whose education and mainte-
nance she is charged, and it is to be
the children's property at her death.
Held: If Mrs. Wells took the prop
erty charged with a trust to maintain
the children, she took legal title to the
property bequeathed, and with it the
power of sale. No fraud is charged
or proved to have been perpetrated
by her as against her children in the
sale of the Willie, G. j.
In Savers ct al. VS.. Blum, from Hill
county, Justice West holds that the
lower court erred in holding that the
evidence showed an abandonment or
the part of appellants of their home
stead. 1t failed to show either thu
acquisition of a new or certain aban
donment of the old home. judgment
is reversed and here rendered in thu
usual form in favor of appellants
and for costs, etc.-West, ].
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
Supreme Court.

| In Baker VS.. Denton and wife from
Fannin county, Denton in his own
right sued to recover tract of land
and also to have declared void a GER
tain conveyance ct the land from
Garrison to the appellant. made as
aYerred to hinder and defraud credi-
tors; claiming that during the pen
dency of suit by him against Gar
rison on a note executed by the lat
! ter and payable to Denton's wife, that
Garrison made the conveyance for
the purpose of hindering and de-
frauding his creditors; that subse-
quently Denton recovered Judgment
upon the note, had the land levied
upon and sold, purchased the same
and received the sheriff's deed. Denton
in an amended petition alleged that
the land was in fact the separate
property OF his wife.
Mrs. Baker then answered by gen.
eral and special denial, pleading that
the conveyance was made in good
faith and that she paid Garrison a
fair consideration for the land judy
ment, without jury trial, was for ap-
pellees. The only assignment of er-
ror noticed is that the evidence was
not sufficient to establish the property
to be the separate property of Mrs.
Denton.
Held: The fact that the note upon
which the original judgment was
rendered as payable to Mrs. Denton
did not constitute, in itself alone, evil
dence that it was her separate pro-
perJy. The plaintiff must recover, if
ut all, especially in actions of this
oh. afn 40 VII III l.. I'll L.
she sues.
The judgment is reversed and the
cause remanded; but in view of
that the case was not fully developed
in the court below the supreme court
takes occasion to say: "If the note
should eventually prove to be the
separate property of Mrs Denton, and
she was at the date of Garrison's deed
fully informed of all the facts, and
circumstances, and being so fully in
formed in every material respect,
then advised Garriso.- to convey the
land to appellant with a full knowl-
edge of his purpose to defraud his
creditors; it would seem in such a
case, Mrs. Denton could not herself
here successfully attack the convey
ance on account of the fraudulent in
terest of Garrison in making it. That
is to say if she was, at the time,
a creditor of Garrison, and was in
full possession of all tn facts con-
nected with the transaction and I'M
derstood its character, and under such
circumstances advised him t.. make
the deed, then she will be held as hav-
ing, under sach a state of facts, as
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
Dominates Him.
Dallas Times

If the lunatic asylum board can't
agree, we nominate Prof. Oran M
Roberts for the position of general
manager of the board. His duties as
professor in our university are not SO
great as to prevent him from settling
the differences existing in the asylum
hoard
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-07-05
Rev. T. j. YOst, proprietor of tn Pulpit and
Parsonage, recommends these Magnets, as

follows:
''Having been afflicted with malaria for
years, and having taken quinine till my nerves
began to be afflicted, began to try so-called
specifics for malaria of every kind, only to be
disappointed. l was assured by a business
man, with whom have daily iute recourse, that
if l would use PROF. MORSE'S AGUE MAG,
NETS according to directions they would cure
me. am now prepared to say that l regard
them as infinitely superior to quinine, Ind
decidedly better than anything have ever
tried. A trial will cost but little. You will be
sure to recommend them to your friends.
myId-SSw1y.