Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-07-09

United STATES Attorney Bigger Bounced
"A Dead Man Found FloaiingiH
the River.
Judge Hur. Declares the Buckst.sbop
Law Of the Nineteenth LegisIs-
.ure Unconstitutional.
Special % The Gazette.

liams went down to the river to take
| observations on the back water.
About three or four hundred yards be
| low the bridge be saw the body OF
man floating. He at once proceeded
TO the Jail and notified Mr.. Mack
Sharp, who wac on duty, in com.
| psny with whom he returned
20 the river. A short dis
lance above toem they saw Mr.. ]. +.
! Thompson in boat. They called 10
him and got in his boat aud soon land.
| ed the fioater, whom none of them
| knew. The deceased was of medium
height and was forty-hve or fifty years
old, had red beard and mustache, and
! was slightly baldhesded. He had on
felt hat, which lit tightly, and jeans
] pants, secured at the waist by n leath.
ern belt and stuck into pair
Of heavy boots. He wore
8 colored shirt aud coat
with bright red lining. In his pocket
were found some sARvings, beer key
| bung, 81 % in money and barlow
knife with sharp point. Justice
Kendall was notified, who summoned
jury, who after viewing the body
turned 1t over to Undertaken Linskie,
who proceeded 10 the potter's fl cid ana
buried il, and repaired to Judge Ken
dall's Office, where the testimony Of Mr..
Williams and Mr.. Sharp was taken,
which is substantially set forth above
Before the jury retired information
was received That some Germans at
the brewery knew the man. These
gentlemen were summoned and sent
10 the burying ground TO look at the
body, Undertaken Linskie going along
TO resurrect il for them. Court then
adjourned to p. m. to hear their re-
port. Mr.. Sharp recognized the body
as that OF Jacob O'Brady, who was
placed in all two months ago TO Jail
on. fine for fighting, and who
was paid out by Mr.. Paul Glucks.
man. Assistant County Attorney
Thomas Sims, who prosecuted
the man, also recognized il as the
body OF O. Brady. These gentlemen
Identified the body before ii was bur
led. Henry Dietz, one Of the men
who examined the body after il was
resurrected, deposed aud said he rec
ugniZed ii as that OF a man who had
the contract to build the pits at the
brewery, who jumped his work and
went out on Mckinney road and
worked for somebody two weeks and
then returned and wanted his tools,
the contract in the meantime having
been let to another. The last he saw
OF the man wac on Thursday or Friday
last. The body is that of jacob
Brady, but how he came TO drown
Is mystery. The last time he was seen
was on Friday, and the condition of
! his body when found was such a. TO
| indicate that he had been dead four or
i've days. The cIse is still under in
vestigstion
| The habess corpus case of d. 7.
| Stewart, charged with violating cnap.
ter @ OF the general laws of the state of
Texas passed at the regular session of
the Nineteenth legislature, entitled
AN &C. } amend chapter ., title 2, of
the Penal Code of Texas, adding
| thereto article SjI q, came up before
Judge Hurt of the court of appeals to-
day. !. wa' tried ia the
county courtroom, County Attorney
Clint prosecuting and Hop. !
seth Shepard OF Galveston defending. !
Ine case was ably argued on both sides, |
the speeches closing at noon, when
court adjourned to p. m, at which |
| hour Judge Hurt rendered his decision
The Judge handed down quite
lengthy opinion, declaring the law I'M |
| tendant on the ground that the legis- !
lation had embraced two subjects in
| one title, which, the constitution de.
| clares, operates to render law null and
| void. The court said this was his in
! dividual opinion, which is final in
! TINS particular case, but as thee
JUICES OF the court Of appeals have 10
concur in decision, the others might
not agree with him In reference TO the
| constltutionality of the act, Rut
| the chances are that the bucket.shon
men VIII never again be molested un.
der the present law, as all the LAWYERS
III town who have ever examined into
the matter agree tina, the law il nm.
| constitutional, and it Is presumed this
Is the case with the lawyers all over
the state. Even District Attornev
Clint expected to be beaten in the case
Died, at his re.ideno,, No. 1884
Jackson street, at O'Clock Yesterday
atterzoon, after a lingering illness Of
many months, Mr.. Lee Ballard. The
! physiclars somehow never agreed as
10 what was the ailment. and an an.
topsy being held, 1t was discovered
that he died of cancer of the stomach
the cancer taken out being as large as
the palm OF mans hand, which had
eateh tuTougn nlsstOmach Mr.. Ballard |
suffered tortues from his disease,
but stood it with great fortitude. The
funeral took place at 10 a, M |
to-day from his late residence and
proceeded to Trinity cemetery. Mr.,
Ballard was native OF Virginia, and |
was forty.three years of age at the |
time OF his death. He leaves a wife |
and little daughter OF eight sum |
mers. He was member OF Lone |
star Commandery No. l05, Knights |
OF the Golden Cross, in which |
he was insured for $4,000 He travelled !
for Blan kenship & Blake aud other |
Dallas houses for several years, and |
was In charge OF Bcadstreet's mercau.
tile agency In this city, when sickness
compelled him to give up business.
The deceased was a brother-in-law of
Mr.. J: p. Smith, city editor OF the
Herald.
Col. ]. C. Bigger to-day received the
following note:
mr.. j. G. BIGGER You are here.
by suspended from the office of United
States attorney for the Northern dis.
trict OF Texas.
"GROvER CLEVELAND ~