Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-02-18
WACO.
Legal Lights Divided SO to What OF.
fanse Frank MTz is Gully Of in
View OF s Recent Supreme
Canri Decision.
soTge Lake Arrested on q Charge oi
BlEsmy-FdTtherP Protection against
Fire-Heleasrd on Bond.
Special to the Gazette.

Special to thc Gazette.
| WACO, TEX, Feb. IA COW kicked
over lamp sDd Chicago wss destroyed !;
4 spijer's web Mabometized the eastern
world. Frank Mitz, the poor wretch who
shivered the $50 window in Levine
Bios.' store In order 20 get something to
eat, an account Of which Appeared in THE
GAzETTE Of yesterday, seems now that he
will be baked IN his purpose; but will
possibly result in permanently establish
ing or doing away with principle OF
law la.eiy established by our court
Of last resort. Il is urged
no longer than the interval between the
| alleged offense and the date of his trial
| He is prosecuted under article eS3 Of our
Penal Code, which Iegds SIS follows: "If
any person shall Eilltally or malicI0ualy
iTiure or destroy any growing fruit, corr
Or grain, or other agricultural product OF
property, real or personal, of any descrip
ton whatever, in such manner az that
the Injury does not come within the de-
scriptiou of any Of the offenses against
property otherwise provided for by this
code he shall be punished by q
due not exceeding $1,000"
Now it is urged that article Is in
sufficient to charge the offense for which
Mitz is prosecuted. This opinion is pred
icated upon decision of our Court q
Appeals in case which went up re IN
the County court Of McLennsn. Sa 1
| prosecution growing out Of the eGt
STRIFE IN tha spring Of '86. Murray aud
another we're convicted of williully and
DisChievously injuFing, or killing, loco
motive engine, the property of the Ms
souri, Pacific Railway Company.
White, P. J. Of the Court
Of Appeals in his opinion,
held that the subject matter OF the article
above rsferrad to was TO provide pun
ishment for destroying agricultural
products or property real or personal
/ That and nothing more. he further said
that 20 make II emora e other tt an agri-
cultural products or properly WAS to go
outside Of the plain and legitimate terms
Of the language used. However, Hurt,
J dissenting from the Minority of the
court argued that it embraced all manner
Of property, real or personal. The
Twentieth Legislature having 10
doubt that case in view, enacted
law furnishing any person VINO shall
wiLfully II lure any railroad engine or
tender or car of sGy kind with fine and
imprisonment. But il contained no pro-
vision relating 70 any other properly.
So ir seems, as there is no article in the
code protecting from ini"' resi- or per
scpal property OF other description than
article 6s3 above copied. that Frank Miiz
is guilty OF no Cffense known 70 the laws
Of the state, because Levine Br2s' store,
by no forced construction or meta
physical nicely can be said to
be agricultural, real or per-
soDsl property. the conclusion follows
that the boys cSn sbiver to atoms as
many windows as their bump of destruct-
Iveuess suggests, with absolute impUutty
This much space is devoted to the con-
sider6tion o. Metz's case, because of the
startling nature Of the conclusions if
Judge White has correctly Interpreted
me law, end because it has caused some
very breezy discussions among the sttor-
ueYs here. There are some of those who
soy ulqualifsdlY, that the opinion
in the Murray case was blank
nonsense, and that Judge Hurt was IN
doubtsdly correct. Many of these express
a desire to have the case passed upon
again by cur highest criminal court.
George Lake was arrested aud jailed
to-dSy on q charge Of bigamy. -Four years
ago he married Miss Nancy Hanson Of
Comsnche county. For some reason he
left her. and without the consent OF the
law seven months ago married Miss
Matte Laxon, q young girl Of this coun-
ty, the daughter of worthy and respect
able farmer. Lake is abo t twenty-five
years OF sge, hasa fearless look, but is, mot
handsome. 1t is ssid be has other wives
taan the ones mentioned. He makes
quasi deniAls OF the charge and demands
that the other woman be produced. The
young wife here is very much heart
broken and despondingly hopes that the
charges will be disproved.
The City Council in regular session last
night decided to build cisterus and buy
another Snsby engine IS protection for
the city against fires c. W. White,
president oil the Waco Water Com
pany, refused the contract Of
fered him By tina city and
last nights resolution by the council is
the result of that refusal.
Willis Hsrgrove, an old negro, wss
placed III ail lSte yesterday on 8 charge
of assault and battery upon the person Of
his sister-in-law. Willis was also slightly
injured in the melee. He says the hghi
was caused by Josie "medlen' wild MS
family affairs"
John Harris, in the Waco jail on 6
charge of violating the internal revenue
, law, was released to-day on bond.