The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-10-16

wa WAS sick. in order 10 obtain her
testimony. There l. no authority TO
compel the defendant 20 20 with
the eoSrt AS proposed. Reversed and
remsndej.
Ns,hsn Moore Va. the State, from
Naoogdoches county. This case was
heard and determined a. ths Calves
ton term, and the record ID h.ed here
through mistake. The Causeis stricken
from the docket on motion ~ the as
sisisnt attorney-San0rsi.
Morgan Duke Va. the State. from
Smith, Opinion by Wilson. The in
dictment upon which thu defendant
WAS convicted substantially charged
him with thel ofiense az Islander, by
stating that Miss Matte G0wan, an
unmariied female, was n whore. Tho
court below refused to permit the do.
PENDANT TO prove by several witnesses
that, prior 20 the Time the words weio
uttered, Miss GowSn had had csrnai
Intercourse vita one "Big John Cope
land" and that tho wit
nesSes had also previously iuforipa,.
tho defendant Of their knowledge OF
that fact. In Wagner VS.. tho State ii
was hold that every act oi unlawful
commerce was admissible evidence IS
tation (tkst the female WAs p WaOrA)
This evidence was also admissible 10
show the intent Of the accused Ia ut.
teting the imputatiOu, that's, whether
IL was uttered waItonly or msliCi0usly,
ss required by the statute, % whether
he cid so having good reason t. be
lieve the same To be true. (McM.han
w, the State, Is OF. app. 290l. Reversed
and remanded.
EX-parte w. j. Wood va. .
Opinion by Hurt, ]. This is eu appeal
IRON habeas cor pus tri3i in which bail
was refused. There IS an affidavit
from Inc sheriff showing that tho do
tendanS had escaped from custody
during tho tendency OF tho appoSl,
but that no had since been racgptu-3d,
and ~ now In custody, Held: That
this is an appeal in a felony ease, aud
CONES within Art. $40, C. G. L. This
appeal il therefore disruissoG on mo-
ton OF tho assistant attorney general
out the order will DO set aside II IL
shall be made 20 appear to the court
that tho defendant voluntarily rO-
TUNED 10 custody witnla Ton days.
Dismissed.
Neil Boyt VIZ. tha State. fr0m Nolan
county. Opinion by Hurt i, THIS IL
an appeal from haoeas corpus trial in
which baii VIVA refused. The queatiOn
in the case, sis the proof eyidant?''
Evident signifies manifest, obvious,
piain, clear, etc. Under this def nltiOn
of manifest the testimony was not
sufficient TO deprive tho defendant OF
bail. The cause ia reversed and bail
granted in the aum of $1,000.
j. b, Lgou Va Missouri Pacific RSil-
way company, ftom Wood county.
Opinion by Willson.j. Appellant sued
appellee ia oGnnty court for dana eos
resulting from delay in the delivery
of freight, consisting OF doors, sash,
blinds. etc., shipped over appelIees
ROAD from st. Louis to Mineols, Texas.
Appellant alleged in his original petit
ton the no had contract to Guild q
court bOuss In Wood county, and that
by reason OF tho failure oil appellee to
deliver tho freight, which was TO be
used IL tho construction of tho court
house, at It's destination within a rea.
s0nabie limo, he had been compelled
to pay tho sum OF $3.50, ~ wages 20
number Of w0rkmen, whom he had
employed, and who had lain idle for
eight days on this account. That no
also paid SIS in tracing and hurryjug
up the freight. TheRe were the only
Items OF damage. A general demurrer
being sustained to the petition,
appellant amended, alleging that
four days after tho shipment of the
freight he notified the company's
agent ut Mineola aud NJ. Louis of The
importance TO him OF the prompt de-
livery of the freight. A general de-
murrer was also sustained to this, and
tue case dismissed. Held: That this
first item OF $3.50 was special damagns,
for which appellant could not recover,
unless NJ the time tho CONTRACT OF ship
mont was entered into the Railway
coniDanY had notice or knowledge OF
such facts rs would make il probable
that such hpecisl damage would result
from such delay. A subsequent
knowledge of such facts IN the absence
of fraud or gross negligence on tho
part OF The Company, 10 not sufficient
TO render IL responsible hoy ond tho
ordinary measure Of damages in ease
of such delay. The other item of dam
age, Il II could DO recovered under the
rules OF ordinary damage, IL wus not
sufficient 10 como under the jurls0ic.
tion Of tho comfy court. Affirmed.