davidaulloa/AmericanStories huggingface dataset:
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19

manche county. Plea of former con-
viction IL defective unless II sets out
the record of former conviction, and
specifically alleges the identity of the
person and the Ofiense. The plea not
being excepted to, however, the evil
dence offered in support of IL, admitted
without objection, will be considered
aa found in the statement OF facts. In
support OF the plea II was proved that
at the same time and place the defend
ant branded another animal, and the
defense was that the two acts consti-
tuting hut one oilense, though the ami
mails belonged to different owners, the
conviction In one case operated ;is u
bar to further prosecution. Such IL
rule applies To offenses Of this charac-
ter as well as to theft. and the court
erred first, In charging to constitute
such defense the branding OF the two
must have been simultaneous, instan-
taneons acts; second. that II the AMI
mails belonged TO different owners the
defence would not avail; and third,
| In refusing n charge asked In harmony
with the rule here announced the state
should not have been permitted 70
read In evidence the DEFENDANTS am
dayits for attachments for certain VIII
nesses, wherein he set up hdiilerent
defense, the defendant being an UNI
warned prioner when he made ~.
Reversed md remanded. Wilson, j.
Thompson VI. State, appeal IRON
lack county. For the essential ele'
meDts of an indictment see alexander
Va. the State, 30 Texas, 495. The indict
| meut In this case is insufficient, fol
while It Informs the defendant that he
/ IL charged with willfulIy disturbing q
l.copgregation assembled for religious
A worship, 1t does not inform him OF tht
1 means or manner; whether by LOUD
talking, swearing, kissing, laughing o
other means. The case Of Kindred vs.
1 State, 33 Texas, 81, under materially
different statute, holding the con
verse. Is no longer law In this state
Reversed and dismissed. Wilson, j
Coulson VS.. State, appeal from Collii
county. This conviction was upon VI
Indictment which attempted 10 charg
the making and circulation OF a libel
Libel Is OF that class OF cases whereii
the Indictment must set out tn
language used In hue verba. u
Brownlow vs.. State, Humph., ~
the indictment, which was timlla
upon the point in question, Charge
that the libel contained amonga
other things, the following false, ina
.llclous, and libeious matter, an
things, according 10 the tenor follow
ing, that Is TO say" IL was held tia
this ayerment processes TO set fort
the substance and not the words OF ia
libel and therefore 10 not valid. A
, indictment for a libel should profess
set forth on It's face an accurate cop
J. of the alleged libel in words an
figures. II IL does not, IL will he bel
insufficient on demurrer or in arrest
J. Judgment. The indictment will m
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19
DIAMOND DIGGINGS.
Discovery of Precious Stones Near Wau-
kesha, HISTORICALLY Rich De-
nosit

Discovery of Precious Stones Near Wan
kesha, Historically Rich De-
posit.
MILWAUKEE, May ls.-S. d. Boyn
ton of this city, who is digging for
diamonds near Waukesha, Wis, found
two in gravel strata this week.
One of the stones was Il
splendid specimen, but the other
was imuerfect. and Is what Is known
es a false diamond. After the gravel
had been penetrated, hardpan was
struck. and he experienced trouble
with water. Tits week he
will sink the shaft five feet
lower and expects to strike diamond
d.nosit. At depth of iifty-fiye feet the
dipgers came upon piece OF timber,
evidently tamarack, In a sPlendidly
preserved condition. II must
have been in its present bed for thous-
ands of years. II was not IN the least
petrified. In the upper strata OF the
gravel, Boynton found guam
Titles OF topaz stones, mai
achites. sardonyx, chrysolitey Z,
corneIians and garnet. the specimens
are very fine. Such crowds nave been
attracted to the spot that he has been
/ obliyed to build a high fence around
The entire claim to Keep them away,
thousand coming from the surrounding
country In one day. he j. operating
on what Is known as the hettie range
Of hills. They are mainly in Wauke.
shn county, extending semi-circulariy
about 400 miles, with asweh spur ~
Racine county. The range incioses
Gravel float which must have swept
down from Michigan during the gia'
cial period.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19


have almost entirely ignored cotton
this year, TO their good common sense
and credit be IL said, and are turning
their attention to the Cereals.
Onr town has been VISITED by a num-
Der of ministers duri NJ the past week,
who discoursed unon the scriptures
from nll points Of the compass. Elder
Chance paid the Christian order
visit. Rev. Moore, OF the missionary
Baptist church, from Denton county,
also preached u series OF sermons and,
from all accounts. made an excellent
impression upon his audiences. The
other two ministers were transient
men, and we failed 10 learn their per-
s,laslons and place OF residence.
Mrs. w. w. Barber, wife OF Decatur's
popular postmaster, Is visiting her lit
lie sick niece, Lilly Dale, also Mrs.
Snead, her sister, from Sunset.
Miss ella Crawford, who has been at
Bowie attending school for the past
two months. returned Yesterday even
inc on n visit 10 her sister. Mrs. Is.
Long. and from the why one OF Rhonae's
voung dry goods merchants was es-
coriinv her around and "smillng IL
smiley OF serene felicity, while enjoy
| inc His nleasat,t occupation. one would
think and alrnlse that ere long Rhome
viii be honored with d celebration OF
lie union OF two hearts for all time to
come.
Mr.. q. w. Wilmington, our post
master. left on visit OF recreation aud
business To Decatur, Chico and other
points to-day. His brother, 9. w.
| Wilmington. will attend to the busI-
1 ness during his absence. and as his
i ioyial dIsposition and courteous man
ners have won him many friends since
his stay with us, we predict that all
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19
u WORLDS EXPOSITION.

LAY OF THE DEPARTMENTS.
HHaToy, May lS.--The follow
: outline of exhibits by the
executive departments o the
nsntat the Worlds exposition
Orleans.
department of state-Samples
p, wool and other fibers and
made from them in all
the world. The salient
Of the departments
svlll be its illustration of the
eand economical work of the
bilcand consular service.
treasury department. will ex-
work of It's bureaus on AN ex-
scale.
var department will show
Illustrating various works of
ineering bureau.
otdnance bureaus exhibit
include every variety
Eand small arms, from those
klore the revolution to the
aPfovements Of the present
ae manufacture of guns and
cartridges will be illustrated
ainery in operation.
vy department. will exhibit
siiety of ordnance and small
VI in the service aud those that
superseded.
lostotlice department will
handsomely equipped Office
PRACTICAL operation al
POSITION, and will exhibit a pos.
Wy car and all appliances Of
service. Ii will also have
tiy In motion for making en-
and stamps.
eiartment of the interior will
= variety of objects collected
W o. the Indian bureau, illus
NaOoriginal life and customs
general progress of the rec
nom barbarism towards civ
lsleni office display will con
oups OF models taken from IL
lowing advances In steam ell
", 10 cotton spinning and il
,sustfles due to the ingenuit,
flean inventors.
alioltof the geological surve,
uprise models of the Gran,
" the Yosemite valley an,
s,cue National park, the plan
0mstock and other note
y mines and mining districts
asis otthe great lakes.
psflment of agriculture wi
exhaustive exhibit of insect
y w e, 70 vegetation, with u co
wages.
.nis, there will be interes
W. by The bureau of ethnology
! saa q education. departmer
! ana Smithsonian institution
'aohs from the latter will Ia
.,sous fish collections.
slanieal and chemical displa
very fine.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19
railroad Shops Burned.

Nav York, May ls.-lne i.pl :,
M, nn ~ the New York s Harlem k ssals
road road company took fire to-day asa ao =.
buildings cover large area aor and rooms o1
tain shs1 @Aci al repairing ons Of 1Hl,
Ing ag.s I spread rapidly and 5ev w tirs
soon b ,.,ss we're available. 4 general l
alarm was Va which sanl arrived the o i,rs
was extlnguTlThh Three passenger cars I. and !
ihrss i loeo tns burning building q
sp ,. ~ several as0as small DWELLING A'''
| $2sO,0O0.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19
FOREIGN.

An tMPERIAJ, rErr.

An IMPERIAL. FETE.
ST. PETERSBURG, May is The ma.
jority OF the czarowitch was celebrated
to-day by various court aud state cere-
monies. The streets were thronred bv
enthusiastic muses.. The ear and
czarowttch drove through the crowd nj
midday IN an open carriage without
escort. The .populace loudly cheered.
but the windows along the route were
specially ordered to he kept closed. Al
the palace Prince William
OF Germany, in the name
OF the emperor, conferred upon the
czarowitch the decoration of the
Order of the Black Eagle. After
prayers, the czarowitch took the oath
of allegiance to the czar and
loyalty to the fatherland, and swore 10
maintain the legal order of the
succession to the throne. A
salute of twenty-one puns
was then fired. SubseuuentIy
the czar0witch took the oath of mil
itarry allegiance ON the standard of his
oody-g.lard of the Cossack regimen,
and in the afternoon received
populations from all classes of the
civil, military and provincial popula
tiop. The shipping in the Neva wa.
Respondent with display of the
flags OF all nations. The streets ar,
gaily decorated, and the entire city
will be brilliantly Illuminated to night
THE IMPERIAL VISITOR.
ST. PETERSBURG, May 18th,
czsr appointed Prince William of Ger
many honorary colonel Of the Vilbor.
infantry regiment. The Jour
nal de st. Petersburg
i'm referring to Prime,
Williams visit, says it is not merel,
courtesy, but testifies to the good rela
lions between Russia and Germany; i
Is q guarantee CT many years secur,
friendship between the two states. 4
special service of thanksgiving wa
held in all the churches, and Prime
| William placed u wreath of immor
lelles on the tomb of Alexander.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19
GALVESTON.
German Maiiest on the Beacll--A fieas
ant Occasion.

GALVESTON, May ls.-Notwi'hstaha-
;na tho very warm weather a large
norton Of the German popuia,loh as =
ssmbIed at schmidt's gardens tn's AZ
.srnoon to celebrate a Maiie.l,
r ~ Reach Hotel band was IN
attendance, discoursing s de,,g hand.
',sic. alternating with our cl. .ly,n naej
the display Of fireworks at the a ganudip
1 The central fire piece T Ieppassd in a
Complete diving suit, w VI IRE a0 was III,
legend Is our I, notto most enjoyable
The day passed ia i i and on
manner. both at the sai'e
the beach.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19
dissatisfied Democrats.

3, may ls.--The Democrats OF
a'n congressional district have
4 petition 10 the state commit.
I :, /, aaaother convention for the
rss'pl'e'egstes 10 Chicago. The
,Ian ''es that while the district
a. recently held was COM
~ accredited delegates,
informal ballot 133
r ns's cast, and therefore
fs,;,:salngs We're manifestly
III ''oners desire representa-.
II MI. national convention by
IAall Inn ~. whom the stigma O
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19

| ,.rs Woocd and Won by
\ s s,,.. q the Blair Bill.
| Z. Exhibit, at New Orleans
IN ssrE for the Week
rur BLAIR BILL

| rur BLAIR BILL
R ,S' s' s,urHEns SUPPORT ,,I;,,,.
ABLE I.ox. May ls.-Mr. Wills
FIso,v vii, move to suspend the
Fas ,s,r0 ~ to consider the Blair
h,,I. He will be antagon-
~ = elections committee , which
'ne ' a'snose Of the Mckinley
cS Slhs opinion prevails gene ,r,
lns ,rurpessmen that the bill
pug , s'p Culberson and other
M.. think that a two
g 1s,iIS cf the then members from
slo ~ now o. disposed to ignore
v l1. sae objections in favor Of the
il ,amo ~, and In consideration OF
s'' - be done their sectioIN |;
=, y ouposition was expected
an = " Ike south, for members
4 lr0 sre tb generally are mole
4 y s'e inflow the constitution
- from the North. and the
0s s,.h I' has taken place among
s '' lac to the belief of its
'sa majority of members from
.saihern states will vote at
su' and from some of the
~ !. I'D the entire delegation
y 81 the bill, Northern
"a rule, believe the bill Is
n bounds Of the constitution
o. y went e will vote for it. The
s,'sntion will almost solidly
A.NIl.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19
EGYPT,

THE GORDON RELIEF EXPEDITION,
LONDON, May lS.-Cairo advices
to-day state that preparations for the
Khartoum expedition for relief of Gen.
Gordon include equipments of 1900
men, forty steam launches, forty shall
low draught boats and several thou
sand camels. 1t is doubtful whether
the expedition will be ready to start
before the end of August. Officers of
the army of Egypt are getting fur
loughs until the end of July.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19
AM FOR THE WEEK.

M gSATE AND HOUSE.
Lsuvy, May ls.-There is
skMe the house tomorrow
~ the Wallace-M Mckinley
n action case, and give
Y, 10 the regular order. In
,tI,e call will begin with the
I smmittee, which will offer
I'm 10 tx a day for considera-
/ tbe senate bankruptcy
ks,n is a strong possibili-
|, he banking and currency
~ NAV tomorrow determine
sspension of the rules to pass
|, Diugley or Mcpherson bills.
yrmmittees, If reached, will
utlons as follows:
I, weights and measures TO
Ehllproviding for the issuance
Id, or five dollar silver certili-
| lapds-To pass the bill
Ia for repeal of the
Hon and timber culture laws,
amendment TO the homestead
ITO mass the bill increa sing
blsppropriation for the mi
| on Tuesday, or perhaps to-
!, Nh. Randall will demand n
|ihe house on the consular and
tte, District of Columbia and
kpppriation bills.
[.nrlish-Peelle contested cleo
Evil be urged for consideration
Is the Wallace-MclIinley case
I'D Of.
S.look for the remainder of the
be house is uncommonly in.
Finished business in the senate
lhr the creation Of a bureau
satisfies.
hclllural and pension appro
bills are upon the clerks
sxailing consideration, ant
the Utah bill, will probably
4 the time of the senate during
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19
ENGLAND.
THE EGYPTIAN CONFERENCE.

THE EGYPTIAN CONFERENCE.
LONDON, May 1s,-Final negotia-
tions in regard TO the Egyptian con-
ference have been concluded. France
and Italy persistently insist upon their
right to discuss the general question Of
administration of the government.
Earl Granville is expected to announce
the programme for the conference on
Tuesday.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19
SPAIN.
OFFICERS SENTENCED.

MADRID, May 1s.--The court-mar-
tial at Saragossa for the trial of fourteen
officers, charged with desertion, seE-
fenced one major to imprisonment for
life; n lieutenant was sentenced TO i'm
prisonment for twenty years and
others for twelve years.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19
aIEXICo.
LOAN AurmoRIzEp.

MEyIco, May lS.-'rhe chamber of
deputies has authorized the president
to contract loan of $4,000, 900, cover
ing S. 100000 already received by the
government, and the loan recently re-
ported will probably be effected In
Paris
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19
The Weather.

wAsltIseToS, May Is.-lndications
f,r the West Gulf states; Partly
o,o,,dv weather and local showers !;
santhsrIv winds, shifting in the north
arm norton to northerly; stationary
Temperature.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19
WISE COUNTY.
Random Reapings from Rliomc :. Local,
Social and Personal.

Correspondence 81 The GaKette.
RHonE. May 15.--Since my last com
munlcaii0n OF three weeks ago our
grain fields present very different
appearances. Wheat aud oats have
headed out finely, and our grain
raisers are jubilant over = fine harvest
The stand OF corn IL good. but the cot,
ton has all been planted over, with bul
few exceptions, Our prairie farmer
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19
TWO Fires.

Tnoy, May is.--A portion Of the
lamb 4 Troy Knitting mill burned
Loss, $4,000. , 49,
swartz's tannery at Bal'ston also
burned. Loss, s2,voV.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19

THOSE WHO believe Mr., Tilden
would not accept Q presidential no !, y
mua should point 10 an instance
, nas II has been declined.
Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-05-19

fear by any otner pc'
son. The accused having agreed 10
turn states evidence against IA conieu'
crate and detailed matters which
tended to connect himself with the Of
fence, subsequently refused 70 testify
against his confederate ana repudlal'
ed his agreement with the District Az
torney and denied that lie made the
statements imputed to him by the as
trict attorney and the witness ii. Inc
witness II. was permitted 70 testify "
his statements. Held, That Inc tes'
was: Was the accused induced 70 fnaks
the statement by promise or nope o
immunity held out 10 MN ny tn'
witness H., as the testimony shows. ~
so, no bad faith OH the part OF accused
will qualify witness II 10 detai, NJ
statement before the jury again. Even
had IL been proper 10 ADMIT tnis evi
dence, IL aud the other evidence va
insufficient 10 show guiity conlpiicl
ty Of the accused In the Taxing. Hs
versed and remanded. White, II. J
Lane ~. State, from Llano county
Even though desired testimony b.
material. n continuance should not b'
prunted when the application shows
! total want of diligence 10 procure II or
the trial. The court charged: "Th'
intent TO inlure the owner (of TN
horse Is the gist of this oflense. bn
such intent may be presumed iron
/ tbe kilIino.u A second charge givei
was 10 the same effect. Held, correct
under art. o7g OF penal code. See, also
Joues ~. State, 10 Texas Ct. App,
| The proceedings thug far are correct
| Rut the evidence Is not OF thai cor
/ s.f,,a;s,a character which Is essential /
The Portland daily press., 1884-05-08
Am Interesting suit

case has just been finished in the United
States Circuit Court of which ouly bare men
ton has been made in our court columns
Roscoe s. Benner and W. X. Hilton-tbe
latter OF Portland-had the right to use the
label OF the Durham Packing COMPANY of
North Auburn. They contracted for the most
OF their pack of corn, but there was a small
portion of it which did not come up to contract
j. b. Jordan of this city. was employed by Mr..
Hilton TO go to New York and sell "bloekn
OF this corn, consisting of 1850 cases. which
was unnt Tor fnlhlment of the contracts made
with other parties Mr.. Jordan took with him
to New York some q cans of the can and car
RED 1t TO the large and well known wholesale
grocery house of Austin, Nichols & Co. Sew
eral OF these cans were opened in the presence
OF Mr.. Nichols and that gentleman finally
made an offer of one dollar per dozen cans.
which offer after some further negotiations and
examination of samples, was accepted.
The defendants claimed that the goods were
guaranteed to be equal to samples, and that
they proved to be inferior. A large part of
the canned goods were extremely watery.
The plaintiff contended that this was not
sale by sample, but that after many cans had
been opened at the defendants store they were
informed by Mr.. Hilton, Of the exact condition
OF the corn; that defendants paid less than the
market price for merchantable corn and fully
understood that this corn was not SUCH
A verdict was rendered for the plaintiff of
$266S.SS. Strout and Holmes and Judge
Wing appeared for plaintiffs, and WI Put.
nam for defense.
The Portland daily press., 1884-05-08
Loyal LEGION.
Annual Meeting and Election of Officers,

Annual Meeting and Election of Officers,
The annual meeting Of the Commandery of
Maine, Military Order of the LOYAL Legion.
was held last evening at the Falmouth Hotel
About 20 members were present Col Chas.
b. Merrill presided. The following officers
were elected:
S.V. -
Senior Vice Commander Lieut.. Gel Chas.
B. Merrill, q. s. V.
Junior Vice Commander-BrevetB Brig. Gen.
John Marshall Brown, U. s. v.
Recorder-First Lieut.. Edward M Rand H.
S. V.
Registrar-L:eut. Col. Joseph W. spaulding,
Treasurer-Capt. Thomas j. Little, q. S.V.
Chancellor-Brevet Major Henry s. Bur-
Chaplain Chaplain Joseph A. Leach. u. q.
v. -ou' " ~
Council-Paymastsr William Henry Apder-
son, " 3. N; Surgeon Seth c. Gordon, u. s.
"; MAI Sidney W. Thaxter, U. s. "; Brew
CT Brig; Gen. Charles z. Mattocks, q. S. v. ;
Lieut.. COL Augustus @. Hamlin, q. S.V.
After the election of officers, the usual roat-
inc business was transacted, followed by ban
quet in parlor No. 2, where festivities were
kept up until late hour. AS it was the birth
day of COL Charles W. Tilden, that gentleman
was presented with an elegant fancy clock BIZ
the members, through the courtesy of Gen,
John Marshall Brown.
Among those present were Gov. Robbie, ex-
Gov. Selden Common, Brig. Gen. George L..
Beal. Norway; Hon. Joseph o. Smith, Secre-
tary of State, Augusta; Brig Gen. John T.
Richards, Gardiner; Col. j. W. Spaulding,
Richmond; and Major S. C. Belcher, Farm.
inpton
The Portland daily press., 1884-05-08

There is a very general impression among
that large proportion of the community whose
necessities do not make them familiar with
the courts of the present day. that law is
founded upon reason, aud at any rate is con-
sistent with common sense. But in very
recent volume of the Maine Reports will be
found decision of our Supreme Court, which
we trust it is not disrespectful to call an "eye-
OPENER
In 70 Maine. 563, will be found dog case
very respectable, well behaved Newfou nd-
land dog, alleged to have been of the value of
one hundred dollars. And such dog six OF
the judges of the Supreme Court of Maine
have gravely and solemuly decided not to be
domestic animal, and they have written it
down. They even declare that no dog is, or
by any possibility can become a domestic AMI
mai; that ne is necessarily, even in spite of
himself, wild animal.
This is laid down as matter OF laao: that
the tdao atSeF independent of all fdct,) SO de-
cares. We must admit that this particular
case does SO declare, but the learned judges do
not refer us to any previous case in which 9th.
ed any such doctrine. The decision appears to
be the product of profound logic. The court
say lit is true that dogs have extensively be-
come domesticated," but they cannot recog.
nize as domestic animals dogs which have ''be-
come domesticated." "They furnish no sup
W oAA0 AohALiS auN hobHlHS w b10 W6albu
OF the community, are not inventoried as part
OF dead mans estate" and therefore are not
domestic animals.
Now, can all this be go? Did not the court
overlook what every man in the community
recognizes as fact, that dogs are domestic an
imals. photographers invariably call them
SO. The dog is the friend and companion of
his master. the playmate and protector of his
children, an inmate of his house. Many pro-
visions of our statutes recognize them as the
subjects of ownership and of liability, and par.
ti,u'arly OF taxation.
We cannot believe that this decision will be
recognized as sound law; and we are glad to be
sustained in our views by TIE opinion of the
late Chief Justice, who most emphatically dis
sents from his associates. R.