The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-06-24
THE COURTS.
THE PROCEEDINGS OF THE
HIGHER COURTS.
TIE DISTRICT COURT AND JUS
TICES OF THE PEACE.
THE HANCOCK CASE.


of NJ. H. Hancock, charged with the muir
der of his wife on the night of December
"a. was concluded to-day, and resulted in
Justice Won Rosenberg fixing the bail of
the accused at $500, for trial in the dis
trict court. Col COopwood, his counsel,
stated that his client was unable to give
such bond, and would not undertake to do
so, but would apply for habeas corpus.
One lady witness in the case testified
that about the time of the murderous asl
sault on Mrs. Hancock, she saw severa-
men going from the direction of the Han
cock premises, one of whom galloped away
on his horse towards the river. This
points to the possible correctness of the
theory that the real muir
derer as is supposed by
some to have been the case
IN the murder of Mrs. Phillips the
same night, and in one other of the pre-
vlous murders in this city escaped on
horseback.
Mr.. A. p. Woodbridge was called upon
the stand, and testified that he was pres
ident of the City National bank, and thai
about the first of February of 1856, citi-
zens from the several wards of this city
600, to be placed at the disposal of com
mittee to be composed of representatives
of the several wards, to be used as they
deemed best to aid in ferreting out the
mysterious murders which had recently
occurred in this city, rewards to be paid
out of this fund. The witness sta ed that
on the first of February the Pinkerton de-
tectives who were trying to work up the
Hancock case, advised the mayor of this
city that they could more effectively work
up the case if the rewards, which had been
offered, were withdrawn, and by the advice
of the mayor such rewards were with
drawn. The witness testified that there
had been no rewards offered by this COM
mttee since this withdrawal, and that the
committee had in no way offered L. o.
Bales any remuneration for his services
in working up the case against Hancock;
neither had Bales been advised by this
committee TO prosecute this case.
Soon after the bail of Mr.. Hancock was
fixed by the court, Judge Hancock went
on the bond.
The Phillips case will shortly be sub
mitted on briefs and arguments in the
court of appeals, the decision of which is
awaited WIFI great interest,"
SUPREME COURT.
The supreme court affirmed the judg-
ments of the lower courts in the following
cases, the opinions in which we're prepared
by Judge Robertson:
B. F. Carpenter and wife VS.. H. w. Ora
Der ct al, from Ellis county.
r. S. Forbes VS.. Gulf, Colorado d. Santa
Eo TnhncnY
county.
Galveston, Harrisburg & San Antonio
railroad company VS.. Francis L. Steady ct
al, from Bexar county.
l.. w. Goodrich ct al. VS.. the State of
Texas, from Travis county.
This last is the suit against ex-Comp-
'oler Browns sureties on his official
bond, in which the state obtained judg-
ment for nearly $4,000, deficit in the &C
counts of the comptroller's department,
as certified to by his successor in Office,
Col Swain.
Ed c. White ct al. VS.. S. Jacobs, Bern
helm g. Co., from Ellis county. Reversed
and remanded. Opinion by Chief Justice
Willie.
Donna j. Stark, ct. al, VS. j. A. Carroll
ct. al, ftom Denton county; motion for
rehearsing overruled.
W. W. Glasgow VS.. S. E. Owen, from Nc
Lehman county; motion to file briefs
granted by agreement.
Same VS.. Same motion to strike out
statement of facts sent up on certiorari
granted.
The decision of Judge Roberts in the
case OF Comptroller Browns official
suretles, which is naturally one of general
interest, is as follows:
l.. w. Goodrich ct. AL appellants.
State of Texas, appellee, from Travis
county.
In ruling upon the general demurrer
to the plaintiffs petition, it was not nee
essary to determine whether the sureties
were liable for sums of money received
by Brown from his predecessor or not.
1t was alleged that these sums were en-
tered upon the books of the comptroller's
office by Brown. If they were so entered
without his authority, they had to be
embraced in the statement which was re-
CURED to be made up from the books. 1t
was alleged that the sums represented
in these charges were fully or nearly
fully paid into the treasury. If the sur
cites were not liable for these debts, they
were not entitled to the credits arising
from their payment into the treasury.
The averment that the sums received
from Darden were fully or nearly fully
paid into the treasury was vague; but it
was not claimed that this opened the
pleading to general demurrer. If these |
sums are eliminated from the ac-
count and an equal or nearly |
equal amount is deducted from the |
credits, a deficit is still shown. |
constituting a good cause of action
sufficiently presented in the petition.
The demurrer was properly overruled.
If the exhibit attached to the petition
was not properly authenticated under the
statute, aud its original admission in evil
dence was error, the error was cured in
the further progress of the trial The or
der In which the evidence was presented |
can make no difference in the absence of
a jury. A duplicate of the same account
authenticated was introduced by
the defendant. The items were thus be-
fore the court and they were subsequent
ly proved by Mr.. Sneed. If transcript
from the books, duly certified, would be
prlma facie proof, statement proved by
witness upon the stand, to reflect truly
II l.. Il.