Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-04-19

diitHeS inNt otnef causes CONFERENCE.-The
absence OF proper aivsoreaks, improper
speed, and tho bad condition Of the road
at the place Of the accident The wheel
may have been sound yot Il the other cir
cumstances were true, and caused il to
break, and consequent derailment, they
are sufficient TO establish negligence.
The evidence showed that the schedule
time over that part Of the ROAD was four
miles per hour, on account Of the oondi-
tion OF the road.bed, rails and cross.ties, !
and TINT when the accident oc-
Cured the train was running |
at rate OF from sixteen |
TO 20 miles per hour, and that the air |
breaks were detached. This was srfllcientl
to sustain the allegation of negligence,
Opinion by Willie, g. j.
MOTION.
Appeal Bond--The condition Of the
bond Is that "appelant shall prosecute
their appeal with effect and pay all costs
which have accrued In the appellate court,
and abide the decision OF said court"
Held, not good as supercedeas because
1t does not bind the suretles In case judg-
ment is against them to perform the indg.
meut and pay all damages, X. s. l40i, nor
Is II good as cost bond because " does
not bind them 10 pay the costs in the
: court quo. Motion TO dismiss appeal
sustained.
COURT on APPEALS.
/ Babe Lawson VS. the State, appeal from
: Hunt. As many witnesses testified that
, the colt alleged to have been stolen was
the property Of defendant as testified that
I II was the property of the prosecutrlx.
= An application for continuance was made
a by the defense TO obtain the testimony OF
+ one Williams, brother OF the prose-
| x.hA hoI kutf h.AV ff,t,
c eight years and knew, handled and man
u az, her horses; that he knew and had
4 fed the colt aud would say that II was
/, not his SISTERS. II was In proof that
" after one Beard had bought the
d colt from defendant, he branded
IT IL In the presence Of Williams, who made
D no claim to 1t. Considering that no dill
d gcnce was shown, this evidence was such
e as entitled defendant TO new trial Re.
l. versed and remanded. Opinion by White
Iy P.J.
lie w. A. Metcalf VS.. the state, appeal
IN from Clay. In mlsdemeanor cases the
rule obtains, as in civil cases, In refer
81 ence to correction Of Judgment, and un-
re- I'll after adjournment for the term the
70 court has full control over It's judgments,
d and can, upon It's own motion, set aside
D. or reform tho same according to the ust
y ice Of the case. The Judgment "a reversed
le because the evidences was insufficient TO
20 support the conviction. The defendant
)t was school teacher and assaulted q
In pupil with a stick, the proof showing that
~ the pupil was carrying pistol. Reversed
id and remanded. Opinion by White, i. y.
is L.W Cooper vs. the State, appeal iron
is Grayson. Appellant was convicted fol
X. ohstructing public road. II appears
TO that the road was third class and that Al
10 the time the gate was erected across the
OF road the law gave him the right 10 cree
I'd such gate. Afterwards article 48Ss
Revised Statutes was amended az
al sec, p. 29), and the county commits
n sioners ordered the gates removed. The
10 evidence is insufficient in that II does moi
ne show that he refused TO remove 1t aftei
X such order Reversed and remanded
8 Opinion by White, T.. j.
n John Hart vs., the State, appeal iron
ne Lamar. Dcfendants motion Tor new
OF trial was not filed within two days aftel
nv the conviction as required by law, Art
Ia 7T9. IL is assisted that such motion ant
&c the action OF the court thereon should no
n. be revised IN this court, The allowance o
nc such a motion TO be fled at any tln'
,u after the two days is within th'
to discretion of the trial court, and this
ey court will presume that good cause eX
O. listed for such departure from the rule
mt The motion should have been granted OF
N. the ground OF newly discovered evidence
of which Il inlpresses this court as beini
an calculated 60 produce different result
n. Reversed and remanded. Opinion B.
re white, =. j
H. Charley Robinson Va. the state, appea
he from Montague On former iriai TIL
he defendant being indicted for aggravated
ed assault, WAS convicted OF simpl
he assault. The conviction was Sc
Ity aside In said verdict AM
"a Judgment there was no express ncquitta
j. Of the higher grade OF the oifensei tn
I'm record was simply silent as TO IL. On III
be second trial the defendant did not plea
of former acquittal, apd the court did no
a instruct the jury that they could not con
IN vict Of aggravated assault. Held, that
ny was not necessary that by the record o
ny fret trial should expressly aequit OF VI
rs. hjpber grade, that Is the legal effect OF tn
be finding for the lesser grade Nor was
lrt necessary TO file a plea OF forme
he conviction. The conviction was 81
the roneous, and is reversed and remandcC
ant Opinion by White, 7. }.
ed. w. McFatridge W. The State appel
from Fannin. Appellant was charge
VS. with the THEFT of yearling in the count
rhe OF Blue, ChUctaw nation, !, r., an
Sc bringing The same into Fannln count,
in Texas. Under the statute, I. Q. ar
by 1888, $780, aud previous decisions the Il
The dictment was good. State ys. Morale
10 FL Tex. 29S Wilson's Grim Forms bz
the There was no error in permitting tie Law
al OF the Choctaw nation 10 be read
use tue Jury for the purpose OF sno'
.lso ing that theft was punls