The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-05-08
The COMPTROLLER Yesterday deposited

n The comptroller Yesterday deposite
Il with the state treasurer $1,000 for &C
!, count of general revenue; 81 $50 bal
It ance from Bell county for interest du
It the state on county bonds, and SIS
for account of school tax, first of tn
kind collected from taxes on lands il
Y the unorganiZed counties, which las
j. goes to the credit of the availabl
e school fund. The rate of the tax i
: 12115 cents on the one hundred dollars
? valuation of property.
The report of the rolling stock o.
the Fort Wooth q Denver railroad
such as is required to be made to the
comptroller by the several railroads
, operating in the state was received.
: The funds in the treasury to the
credit of general revenue are now
. about $4,000, subject to transfers
to account of special funds which may
reduce the credit to 100000. This
will be small showing at this date OF
the financial year when taxes are sup,
posed to have been pretty generally
reported. Still it is not an uncom-
Portable amount to have on hand.
Flatonia offers comfortable two
story building 30X60 feet in dimen-
sions for summer normal school, and
board at about S12 per month.
In addition to the amount paid into
the state treasury for receipts in the
land office for month of April veteran
donation patents were made and deliv-
cred amounting to nearly two thou
sand dollars for fees allowed to be
harged.
COURT OF APPEALS.
The following cases were decided
yesterday:
Texas s. Pacific Ry. Co. VS.. ]. K.
Province, from Dallas county. AT
firmed. Suit for S305 value of house
hold goods shipped and not delivered
by the company, and for $3.50 dam
ages. Judgment for plaintiff for the
value of the goods.
Cullers & Henry VS.. T. NJ. Moore,
from Grayson county. Affirmed.
Suit on account for damages for fail
IRE by Moore to deliyer car load of
apples per contract of $164 so. Judg-
ment was for plaintiff for 500 dam
ages.
Van Ness Wells vs.. State, from
Bexar county. Affirmed Charge
theft of horse.
NJ. Anderson VS.. state, from Cald-
well county; reversed and remanded.
Opinion by Judge Hurt. Charge,
aggravated assault with an axe. The
Information charging that the assault
was aggravated because made with
a deadly weapon, and there being no
other ground of aggrevation limited at
in the information, the jury was
charged that the use of any danger
GUS weapon or the semblance thereof
in an angry manner with intent to
alarm another, and under circum-
slanoes calculated to effect that object
comes within the meaning of assault.
Held, that when a dangerous weapon
is used under the above circumstances
the ability to effect injury is not nee
essary, and that the charge was ire
levant to the alleged assault.
A. Cara, alias Jesus Acosta, VS..
state, from BeXar county; affirmed.
Theft of horse and mule.
Chas. Brown vs.. state, from BeXar
county; affirmed. Theft of watches
and money valued together at $2l3.
Bill Trimble VS.. State, from Rains |
county; reversed and dismissed; cha &c
of highway rabbery; opinion by
Judge Wilson. The Indictment is
held to be faulty in not averring that |
Ivy, the party alleged to have been
robbed, was assaulted by the defend
ant, or was put in fear of life or bodily
injury 1t is not averred who it was
who was assaulted or put in fear by
defendant. This court cannot depend |
upon argument from allegations TO |
some other person than Ivy may have
been assaulted, and by means Of that |
assault Ivy robbed
M, Martinez vs. State, from Bexar |
county; reversed and remanded; theft |
of saddle; opinion by Judge Will |
son. Question as to value OF the sad |
die. Held this was necessary, because
upon the value depends the grade of |
offense and its punishment.
G. J. Mackinson VS.. State, from |
Travis county; affirmed; case of the |
bold highwayman who robbed DR.. |
Swearingen and other parties OF
watches and money on the streets of |
AUSTIN; opinion by Judge Wilson. |
Held: "The court did not err in refus-
ing to charge the jury relative to cir
cumstantial evidence. There was not
only strong circumstatial evidence
proving defendants guilt, but there
was direct, positive and convincing
proof that he was the identical party
who committed the robbery.
Logan Howeli VS.. State, from BeX-
ar county. Reversed and remanded.
Opinion by Judge Wilson. The court
decides that there is no evidence on
the record that defendant committed
the theft. Accused was not seen to
take the money and did not confess
he took it. Circumstantial evidence
alone being relied upon the jury
should have been instructed as to the
rules of such evidence.
Berry Bros. VS.. S. N. Mayer, from
Lamar county. Reversed and reform
ed. Suit for balance of purchace
money on lot of hay, and damages
for non-performance of contract.
Opinion by Judge Wilson. The
court holds that the court below erred
in giving Judgment for appellee for
storage of the hay as appellee claimed
rent and rent and storage are not the
same thug.
Juan Hernandez VS.. State from
Bexar county affirmed. Charge,
theft of a horse.
Bob Burleson VS. State from John
son county. Dismissed on account of
escape.
VIM. Hodges VS.. State from Ell Paso
county. Dismissed on account of es-
G. ]. Spear VS.. State from Blanco
county affirmed. Opinion by Judge
Wilson.
In Spear VS.. State, Spear Was in
dicted for murder in killing Ger
man peddler named Nathan Warm
ser. There being no bill of eXcep-
court oYerruling defendants applica-
required says Judge Wilson, that the
of the presentment of the Indictment
by the grand jury should state the Of
Tense charged. The discharge of