Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-11-30

~ EgS5 In that before Sit
ting on said jury, he had been convicted
Of felony and had not since been restored
to citizenshio. l. Such plea could not
be interpossd to the indictment. Any
person before the grand jury have been
impAneled may challenge tho array OF
Jurors, or any person presented as q
grand Juror and In no other way shall OBJ
isctions to the qualifications and legality
of grand Jurors be heard. G. G. Z. AIT.
81. Thu indictment Of the grand Juror
is NOT &c. out, nor is there any positive
proof that ne was ever convicted OF fell
oay. except Incidentally, but II the PEI
hs1 been we'll supported by positive
DR. )of, same was not well taken. The
court did not err in excluding the festi.
m1ny Of q witness Cfsred b7 appellant
VINO hs been tried, convicted en1 fined
for illegally driving the animal appellant
il alleged to have stolen, from rs accus-
toned range, II beng shown that he had
not yet paid the fine, and Q final Iudg-
ment having been rendered against him.
TheindicIment alleges that the animal Wes
taken "Witbout the consent Of the satd
Clifton, OF the said Ash, or the said Rob-
ertson, or either Of them" The court
instructed the Jury that II they believed
beyond s reasonable doubt etc. "that
said taking, II any, Was withou: the con-
sent OF the said Robertson, or Ash, or
Clifton, OF either of them" ETC., etc, then
you will find him guilty." exc. Held:
This charge was fundamental error. II
WAs tantsmount to charging that they
might convict If any one OF the parties
had not consented TO the taking though
the other two had 80 consented. Reversed
and remanded. White P. j.
E Y. Thompson vs.. the State; appeal
from Coleman. Conviction for theft OF .
horse. l. The law with reference 10
recording brands applies to horses as
well as to cattle, and the certificate
Of recording CT the brand was admissible
in evidence. 2. The testimony shows
that the horse in question was tIken by
appellant, together with carload OF
otner horses 10 Coleman City for ship
ment; that be shipped them e and sold
them; that there were two or three
parties who saw appellant on his way
to Coleman City with the herd OF horses;
that It was their opinion that the horse
IN question WAS branded P. c., the other
being branded P. G, appellant havs
ing pure lssed the P e brand. Eight or
ten men saw the horse In question 10 the
stock pen before 1t WAS shipped. ABOUT
half Of them ssy they took the brand to
be P. c. brand; the others testify
positively that 1t WAS P. g. brand
Held: Under these facts we must hold
hist ihs evidence does not support the
verdict. Reversed and reminded.
HAITI
c. C Daugaherty vs.. Below ct al; sp-
peal from Collin. Oae Williams and wife
conveyed land to appellee. Below, with
warranty deed, executing IN considers
ton thereof their five pEomlssory notes,
vita q vendors lien. The fifth anc last
note WAS due December %, 1888. Belew
conveyed Inc land TO one Slnson By
warranty deed IN 1881. Ssinson convened
TO one Warden by warranty deed in 1882
Warden conveyed to appellant, q. Q.
DAugherty, il 1881. TIE fifth and last
note given by Beiew was unpaid e. the
date OF these various conveVsnces. Snlt
WAS brought on same snd 10 foreclose
vendors lien on the land. Appellant
DEugherty, to prevent the sale, paid the
note and interest. BE then brought this
suit sgsinst Belew, Stinson and Warden
for breach of warranty. Held: The ap
pel!ant should have recovered Of sppellees
The amount paid by him on the unpaid
vendors lien note. Reversed and re-
mAnded. Hurt, j.
J. ". Conner VS.. the State; eppesl
from Cherokee. Convection unlawfullY
playing at 6 game with CARDS. 1t is
shown that the playing WAS done in
room in hotel used as room for the
reception Of guests, and the defense wss
that same was private room, and not
commonly used for gaming. 1t was
ehown thSt Conner aud Others would
go into the guest rcons, close
the door 10 the general pubic, aid
taAt they psid the clerk for The room
Also that only those engaged in The game
occupied the room while the game
lasted. Held: Toe room was IN taVs
err; she parties plSYi 6 in il only occu-
pied it temporarily fer the purpose OF
gaming and no other purpose. They did
not seek it as place Of rest, or OF hAb
itGsiop, that in 80 far IS the room was
concerned they could not De considered
Es guests by the hotel who had aoq hired
the use and appropriated it for usual and
ordinary purposes Of guests, and conse-
Gleutly II ives not private room. No
error. Affirmed. While, 2. j.
Gulf Colorado and Santa Fe Railway
Vi. jacob Dobson; appeal from Cooke.
Suit by appellee 20 recover damages TO
horse and buggy sustained By 8 collision
with train on appellants road II is
shown that there WAS 8 lsrge show sign
on . cotton platform that obscuIed sppel.
lEnls view Of the road when he Started
ACROSS same; that he knew 1t Was GUS
tomGry 70 run trains across the street at
said crossing; that appellant never
looked or listened before driving on the
track; that ne drove on IN q trot; that
the train WAS backing At the rate of three
miles An hour when It ran into appel
lants buggy; that the bell WAS ringing ct
the time of the collision: that the con.
ductor when he saw appellant i1.ed 10
stop the train but Was unable TO do so
before the collision occurred. Held:
rhe evidence fails to support the verdict.
Reversed aud rsmsnded. Hurt, j.
W.D. Bell ct oil W.. 7. L. Cannon ct
81; appeal from f lis P. L Cannon
ma j. W. Bell were sureties upon note
with W D BE SIS principal. When the
note fell DUE W d. Bill WAS unable 10
meet same, and his sureties, Cannon
and J. ". Bell paid same. To indemnify
them he executed q mortgage en- morse
and msre, the property remaining In the
possession OF W. d. Bell. rnis sui! was
brought against ". d. Bell OF the note
and u foreclose the mortgage, auo as one