The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-05-23
I'HENSTATE CAP
A Malicious Attack Upon Land Com.
missioner Walsh.
Synopsis Of The Decisions In the Gamb.
ling Cases.
Other Happenings AZ tho State Capital

AUSTIN NAV ~ Especial Pete Wal.
ton, the efficient ard gentltmnnIy chief
clerk In the office OF tia secretary Of state,
Is visiting friends at Mckinney.
Reports received az the COMPTROLLER
Office indicate that the collectors are pre-
pairing 10 make their hnsl settlements. The
delinquent ts1 list will be much larger
than last year.
Grave Injustice Ia being done Land Com.
missioner Walsh by statements
sent out from here asserting
that he opposes Governor Ireland, and
has attempted and Is disposed TO hamper
and annoy his administration by insisting
upon certain course relative 20 tho mah-
agment and disposition OF public lands.
The HERALD's reporter has been present NJ
nearly every important meeting held by
The land bosrd when the policy O. dispos-
ing OF lands aud the rules governing the
same We're discussed aud adopted. and can
truthiully say that the utmost harmony
has prevailed, aud no disposition
has been shown by sny member, and
especially Captain Walsh, TO aniagonize
the interest OF the governor or any one else.
Captain Walsh IL more familiar with the
and syetem OF the state than any man
living. His knowledge OF its intricacies and
hii firmness has saved from the capacious
maws OF large corporations vast quantities
from settled, and 20 retire him at this time
aud place y new man IN the position, II is
believed will prove luxurious TO the state
and calamity 70 her school interests.
L. l.. Wrenn was arraigped to-day on the
charge o! ir1icnDg wounds upon the body
OF Colonel J.. u. Edwards, from the effects
| OF which he died. Ono or two witnesses
| were examined and The case continued
until tomorrow. The general opinion Is
that Wrenn will be discharged, las case can
\ not be mnde out against him.
The case against Dr. Stoddard for sending
obscene matter through the mails, was con-
| tipued until tomorrow.
The cour. OF appeals to-day rendered Il
decision in the Caee OF kain va. the Sta Q,
from Dallas, in which was decided the
question OF the gambling cases SO long
occupying the courts OF Dallas county. The
opinion was rendered By Judge Hurt. The
following 10 brief aynopsis OF the opinion,
which will be published in full in thispaper
Tomorrow. To the information, which al
leges that the appellant kept and exhib-
tied, and was engaged in keeping and ex.
hibitipg, keno table on the fourth day Of
September, 1888, tho appellant. plead not
guilty 10 former conviction in
mayors c1ur'. ioiE.gr conviction and
acquittal IA c0lnty court aud
privilege from prosecution by reason OF
having testified in certain cases before may.
OIb COuttSs rlIsb uucstlVli IOtiCtd thc
opinion IL: Are keeping and exhibiting
gambling tables continuous offences
Held First-An offence is indesvls.
able. SecoDd-lt Tay consist OF
single acts o. series OF acts.
Third II may be Instantaneous in its con-
Summation or require Al interval OF time,
after thoroughly snalysing these PROPOSE
.ions, the court concludes therefrom, that
the burden OF proving former conviction
and acquittal are upon the defendant AS.
sorting them; further, no must prove the
record and also the syerment Of identity OF
defendant and the time OF considering evi.
depce In the record court holds pleas not
sustained. The proposition OF the state
that the court frat securing jurisdiction,
where both courts have concurrent
| jurisdiction, most retain some
to exclusion Of all others.
| is untenabls. 20 far AZ by virtue OF statue
The defendant has been compelled 10
testify to any particular violation OF
the law. He IL protected from
prosecution but It rot appearing that he
has testified about this particular trans
action for which he is being
tried his plea cannot avail
him. The question OF collision between
the city authorities and appellant as well
as the uestion OF irsud was not discussed.
The charge OF The court was held good. All
the questions raised considered, but some
not noticed 10 the opinion.