davidaulloa/AmericanStories huggingface dataset:
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-01-16

ST.. LOUIS, January 15th.-Advices have
just been received from the Creek Nation
that Wesley Barrett, half-bree9 Creek In
dian desperate, who murdered United
States Marshal Phillips, and later killed
Nose Mcintosh, of the Creek police, and
wounded two or three others during the
past few years, was ambushed and killed
Saturday by Wallace McNair, Creek H.
dian. large reward had been offered for
Barrett, either dead or alive.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09
PERSONAL POINTS.

Ed. j. Hammer, formerly of this city,
but now living in the west, is in the city.
Jodge Willie, of Galveston, ex-chief
justice of the supreme court, ID IN the
city.
Hugh R. Conyngton, president of the
Galveston Summer Normal school, was in
the city yesterday.
Doctor Hamilton, one of ,Webberville's
most prominent and worthy citizens, was
in Austin yesterday.
Capt. I. d. Uobbs, of Houston, attor-
ney for the Houston and Texas Central,
is in the city on legal business.
Joe j. Chew, of Houston, travelling pas
senger agent of the International route,
was in the city yesterday and departed in
the afternoon for San Antonio.
Mr.. Geo. Stacy left yesterday morning
for New York, where he will enter the en-
ploy of the large stationery concern OF
Agar, Hamblin g. 90. Mr.. Stacy has
grown to manhood in Austin, and leaves a
host of friends who wish him we'll in his
new field of operations.
Judg E. P. Hill, of Houston, general
counsel of the Southern Pacific company,
was in the city yesterday on legal bust
ness, but departed for home last night.
Judge Hill is an ardent admirer of base
ball, and takes great interest in the
Houston team. Although he is genera
counsel for more than a thousand miles
of railway, he always finds time to witness
every game that ia played in Houston.
Mr.. I. j. Clark, cashier of the Pacific
Express company in this city for the past
six months, leaves Austin on this morn
iDg's train for Dallas, where he will take
the position of book-keeper for the Var
Wrinkle Gin and Machinery company
This position Mr.. Clark left to come to
Austin, and it is complimentary to him
that his former employers have recalled
him. The many friends that Mr.. Clark
has made during his short residence in
Austin sincerely regret his departure, and
send along with him their best wishes fol-
happiness and prosperity in the days to
come.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09
Governmental.

The governor yesterday received a let
ter from crank who wants to be given
an immediate trial. He claims to have
been in Jail about seven months, and
thinks the chief executive the proper per
son to apply to for relief.
ooMPTRoLLER's DEPARTMENT..
The following tax collectors settled yes
terday with the comptroller:
T. H. Griffin, of Parker, and G. E. Roy,
of Fisher.
SUPERINTENDENT OF PUBLIC BUILDINGS.
General Hardeman, superintendent OF
public grounds and buildings, yesterday
opened the bids and awarded the contract
for putting iron grating on the cellar
windows of the new capitol. The contract
was awarded to Messrs. Heierman d Bro,
of this CITY, who bid $637.50; their bid be.
ing the lowest. There are about 140 win
dows to be grated.
SECRETARY OF STATE.
The following charters were filed yester.
day in the Office of secretary of state:
Yoakum Cemetery association; capital
$500. incorporates: VIM. Henerman
and others.
German Harmonic Verein, of Burton
assets, SLIT. Inoorporators VIM. Bauer
@. W. Homeyer and E. Fischer.
DEPARTMENT OF AGRICULTURE.
The following reports of county officers
were received yesterday by Commissioner
Foster:
Sheriffs-Fayette, Live Oak, Kerr.
Treasurers-Hays.
County clerks-Liberty, Hill, Llano.
Commissioner Foster has received let
ter from gentleman by the name Of
Alfred Monroe, of Charleston, Ill, who
seeks information about Texas as place
of residence. He writes that he wishes tt
bring colony to the state. Mr.. Foster ii
constantly in receipt of letters of this
| chars cter.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09

held oy any private corporation in
the state. The claim of the state
is based upon the construction of article
z, section 2, of the Constitution, which
says in enumersting of what the perpetual
school fund shall consist: "All the alter
nate sections of land reserved by the state
out of grants heretofore made or that may
hereafter be made to railroads or other
corporations of any nature whatever, one
half of the public domain of the state"
etc. Thus the state claims that having
already gotten the alternate sections one
half of what remains is still due.
Judge E. P. Hill, of Houston, general
counsel of the Southern Pacific company,
appeared for the defendant company and
made clear, foroible and cogent srgu-
ment. He did not speak more than half
an hour, but his argument was very COM
plete, pointed and plain. 1t was very
generally commented upon by the mem
bers of the bar and others who heard it
as remarkable for the clearuess and force
with which the points of the case
were calculated. He denied that
the section of the Constitution could
be so construed as to take three-fourths
of the land originally granted. He con-
tended that at the time the railroad sur
! veys were made, which was in 1873, that
half of the public domain remained, and
this was what was contemplated by the
Constitution, but since that time this one
half of the domain has been taken up for
purposes other than those contemplated
viz: the perpetual school fund. Thus, the
| defense was two-fold.
First-That the section of the Consti-
tuition cannot be construed so as to mean
that the state is to have one
half of what remains after the
alternate sections have been set aside.
Second-That when the railroad sur
veys were made in 1878 there remained
one-half of the public domain which was
what was contemplated to be set aside fol-
the school fund.
Attorney-general Hogg will conclude
the argument this morning and the case
will be submitted.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09
PRESBYTERY.
Central Presbytery Meets in the
Southern Presbyterian
Church.
A Synopsis of the Proceedings
Of the First Days
Meeting.

Yesterday morning at IL o'clock the
Presbytery of central Texas met in the
Southern Presbyterian church. There
was an unusually large assembly present
for the first day, and everything bespeaks
successful and pleasant session. The
Rev. @. R. Dudley, of Corsicana, preached
the opening sermon, after which the Pres
bytery adjourned till o'clock.
At O'Clock the Presbytery was opened
and on ballot the Reverend John Young,
of Turnersville, was elected moderator for
the present session, and Elder I. ". No
Kee, of Robinson, was elected reading
clerk.
Rev. L. Yenny, state clerk, then read
the minutes of the last meeting, which
were adopted.
The Rev. Y. d. Compton was presented
to the PresbyterY and received. The
Rev. G. M. Hutton was received from
Presbytery of Tuscaloosa. The Rev. D.
H. Green, of west Texas Presby terry, was
invited to sit within the bar of the Pres
bytery. Mr.. Stevenson, elder from San
Antonio, appeared as enc of the COM
mittee to examine the theological stu
dents. The motion was made and carried
that the examination of the theological
class be made special business for to-
day, after which the Presbytery adjourned
to 8 O'Clock this morning.
NOTES.
| The Rev. c. NJ. Hutton preached
last night to large audience. He is an
eloquent minister and his sermon was one
full of doctrine and theology.
Friday night was set as the time for
consideration of the Sabbath school work.
The Presbytery will be in session until
Saturday and there will be preaching each
night by some member.
Owing to the trains being behind to-day
good many of the delegates were delayed
but the following have arrived.
w. E. Young, Turnersviile; R. X. .Smoot
Austin; R. X. Moseley, Cameron; s. A
King, Waco;yO. W. Peyton, Robinson; M
G. Hutton, Georgetown; John Young Tur'
nersville; j. P. Robertson, Caldwell; j. M
Purcell, Bolton; w. W. c. Kelly, Austin; c
Il. Dobbs, Round Rock; j. M. Robinson
Bartlett; 9. R. Dudley, Corsicana; l.
Tenny, Hico; H. M. McClevey, Temple; W
T. Shannon, of Bolton; - VIM, Austin
w. G. Dodson, Waco; j. W. Mckee, Robin
son; Sidney Seymour, Georgetown; w. l.
Patillo, Marlin; R. II. Flaninkem, of Hugh
Wilson church; - Bonchillon, of Caro-
lima church; - Mcmillan, of Grove
church; ]. W. Storey, Mexia; j. W. Shine
of Beulah church.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09

was recommended by the Judge who tried
him and was numerously signed in the
county where the crime was committed.
Bald and Newton Fender, brothers, of
Lamar county, were sent to the peniten-
tiary in 1881 for the killing of a man
named May. One of them was sentenced
for term of thirty years and the other
for fifty years. 1t seems that the man
who was killed was, to some extent, the
aggressor. 1t seems that May and the
Penders had had some difficulty, and that
May had sent for the Penders to come to
his home. The Penders went and trouble
ensued, in which May was killed. The Pc
tition for pardon was signed by the dis
trict Judge who tried them, and by a mum
Der of citizens of Lamar county, as we'll
as the penitentlary officials, on account of
the good conduct of the prisoners.
In this connection it may be well to
state that it is the policy of the governor
not to take away all hope from life and
very long term prisoners. This policy has
a tendency to influence their behavior for
the better. 1t is not good policy to take
away all hope from a man, even though
he be in life-prison cell.
The governor yesterday appointedCha
Maginnis comm issioner of deeds in Mis-
souri, for the state of Texas.
SECRETARY OF STATE.
The following charters were filed yester-
day in the Office of the secretary of state
North Texas Goal Mining company, OF
Dallas; capital, $4,000. Incorporators
E. M. Tillman, A. O. Garcia, G. j. Pitman
EDUCATIONAL DEPARTMENT..
State Superintendent Cooper is con-
fined to his room by sickness, and has
been com PEELED to cancel several engage
ments in different portions of the state
made for this week.
CoMPTRoLLER's DEPARTMENT.
The following tax collectors settled with
the comptroller yesterday:
John A. Gose, of Lamar county, and F.
M. Black, of Madison county.
AGRICULTURAL DEPARTMENT..
The following reports of county officers
were received by Commissioner Foster
yesterday:
Sheriffs-Burnet, Cherokee, Conch
Delta, Dewitt, Eastland, Erath, Fisher.
Galveston, Gonzales, Gregg, Hardin, La
vaca, Lee, Martin, Matagorda, McCulloch
McMulIin, Nolan, Raines, Red River, Re
fugio, Scurry, Shackleford, Shelby, Smith
Trinity, Zapata.
County olerks-Baylor, BrG zoria, Co
man che, Cooke, Duval, Henderson, Hunt
Montague, McMullin, Menard, Reeves
Robertson, Titus, Trinity, Wharton.
reasurers-Edwsrds Gregg, Hemphill
Hood, Ochiltree, Palo Pinto, Walker.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09
AN IMPORTANT CASE.
A Suit Involving More Than 10
100000 Acres of Land.

The case uf the State vs. Galveston,
Harrisburg and San Antonio Railway COM
pany was called in the district court yes,
terdsy. The suit is an important one and
was originally brought in one of the west
ern counties, and afterward transferred
to this county by consent for the convent
ence of all parties. The suit was brought
to try the title to forty sections
of land in possession OF the railroad
company, but, inasmuch as 1t Is test
case, it involves about 10,0OO0,0OO acres
Mr.. Brooks opened the argument for the
state in an elaborate speech of about two
hours. The claim set up by the state Is,
that a regard for the plain words OF
the Constitution now IN force,
and for the interest to be found in them,
would give to the perpetual school fnnd,
in addition to its alternate sections,
one-hslf interest in all the land
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09
800 Reward. 800.

The readers of The STATESMAN will be
pleased to learn that there is at least one
dreaded disease that science has been able
to cure in all its stages, and that is
catarrh. Halls Catarrh Cure is the only
positive cure now known to the medical
fraternity. Catarrh being a constitution
al disease requires constitutional treat
ment. Halls Catarrh Cure is taken irtei-
nally, acting directly upon the blood and
mucus surfaces of the system, thereby de-
stroying the Foundation of the disease and
giving the patient strength by building up
the constitution and assisting nature in
doing its work. The proprietors have &C
much faith in its curative powers that
they offer 500 for any case that it fails
to cure. Send for list of testimonials
Address F. j. Cheney g. Co., Toledo, O.
Sold by druggists, 75c.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09
Professor Besserer's Benefit.

The Musical Union has decided to pre-
sent the opera of "Pinafore" on the even
ing of the 23d as a complimentary benefit
In Professor Resserer. the nusicsl Direct
or of the Union, who labored 80 faithfully
in preparing the members for the late
Saengertest festivities. There was re
hearssl of the opera last night at the Mu-
steal Union hall, and it is safe to say that
the opera will be we'll put upon the boards
and the music as we'll rendered as by any
of the best travelling operatio companies
Professor Besserer's benefit promises to
be the musical event of the season, and il
will no doubt be Literally attended.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09
THE COURTS.

COMMISSION OF APPEALS.
The commissioners of appeals to-day
handed their opinions to the supreme
court in the following cases:
International and Great Northern and
Missouri Poetic Railway companies VS..
g. 7. Tisdale, from Williamson county.
Affirmed, with remittur of 500. Suit for
damages under contract for transporta-
ton of jack and stallion, on account of
non -delivery of the jack and injury to the
stallion, and for rental of foaling value of
Jack. There was Judgment for plaintiff
for $466.80. In his opinion, Judge Hobby
as the organ of the court, says: III as
was proposed by the proof offered 1t could
be shown that no freight or livestock
trains were or could be run over the road
because of the interference of the
strikers" it might have shown that the
horse was delivered in a reasonable time
under the circumstances, or sufti-
Gent ex cuse for the failure, and
in either event would have relieved appel
lants of liability for this item of damage
found by the court-the item of 500 for
the use of the horse for three weeks.
Opinion not final till adopted by the gu
preme court.
G. M. Sutherland VS.. d. W. Williams d.
Co. and H. 8. Broiles, from Tarrant
county. Reversed and remanded by con-
sent of the parties, and final. Opinion by
Judge Acher. The judgment of the lower
court is reversed and here rendered IN
favor of Williams d Co. and against H.lS.
Broiles, for $26S57, with legal interest
from November 4, 1887, date of payment
in lower court, and costs; and that Suther-
land recover cost of appeal from Williams
& Co. and be quieted in his title to the
lot and improvements, as against the lien
claimed by Williams d. Co.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09

instance, this court holds that no subse-
quent approval was necessary, and on this
point concludes that the court below did
not err in holding that appellants were
liable for any defalcation which occurred
upon the bond during their principal
second term of Office.
At what time the money was misapplied
is, the court states, fact to be deter
mined by the evidence or from presump-
tions and circumstances. If the defalca-
ton was not discovered until after
Oglesby had entered upon his second
term, the presumption would be that it
occurred during that term, and the bur
den would be upon applicants to show,
directly or by circumstances, that it took
place at an earlier period.
For refusal to sustain the demurrer the
judgment is reversed and the cause is re-
manded.
In the Cunningham case, the state filed
supplemental petition through which it
sought to hold Cunningham liable as an
agent contracting for an undis closed prin-
cipal for rental of lands from the state,
for which CunninRh ham applied in his own
name, the lease being made to him by the
land board in ignorance that he was act
ing for and leasing the lands for Stetson
& Case, of Illinois, who were partners and
the real lessees.
Stetson & Case appeared and pleaded to
the jurisdiction of the court on the ground
of insuficiency of service beyond the
limits of the state. This plea was over
ruled, and judgment was rendered against
all the defendants.
This court holds, as in the case of York
VS.. the State, this day decided, that the
appearance of the nonresident defend
ants was such as to confer jurisdiction Oh
the court below to render persona
judgment against them. The judgmen
| is affirmed.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09
The Cotton Mill Project.

Pursuant to the call of Chairman A. P.
Woodbridge, there was meeting yester
day morning at II o'clock in the Office OF
the State National bank, of the committee
appointed to investigate the cotton mil
project. After some discussion of the
matter it was the opinion of the members
that more information on the subject was
desired, and Chairman Woodbridge was
authorized to correspond with prominent
mill men in Georgia and other states, sc
as to ascertain the cost of building and
operating cotton mill.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09
Two San Francisco Winners.

Butchertown, South San Francisco, is
likely to become very popular. One of
the happiest men in this thriving suburb
is Hans M. G. Mangels, who keeps q
grocery store on the corner of Railroad
avenue and Manitoba street. He had
bought Louisiana State Lottery tickets,
and few days before the March drawing
he resolved to try once more. He held a
coupon of ticket 1887, and so won $751;
600. he was paid last Thursday in full.
William Griffin, also a San franciscan,
was the other lucky man in last weeks
drawing. he is printer by occupation
and has for some time past worked on
the Guide, at 52l Clay street. Appear
ances are very deceptive, however, as the
result proved, for the little number 1887
was the means of enriching me to the ex.
tent of $15,000.-San Francisco (Csl)
Chronicle, March II.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09
AROUND THE CAPITOL.
NJ alters Picked UP in Our Tour OF
the Departments.

The governor yesterday pardoned Dick
Wynn, Ed. Thomas, Bald Fender and
Newton Pender. Wynn killed man in
San Jacinto county and received a life
sentence. He had served eighteen years
in the penitentisry and his petition for q
pardon was numerously signed BY the
prison officials and in the county where
The crime was committed. Moreover,
there was more or less doubt as to the
mans guilt, as he was convicted upon the
evidence Of an accomplish, who had to do
something to save himself.
Thomas was convicted of forgery and
sentenced to two years in the peniten-
tiary from Anderson county. He
only obtained about SLIPS upon
a forged order and had served out
one wear of the sentence. His pardon
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09
Burnett County Alliance, No. 271C
To the Editor of the Statesman.

To the Editor OF the Statesman.
By. order of the Burnett County Alliance,
No. 2710, you are hereby requested to
please publish the following resolutions,
which were adopted by that body at its
last session, held at Spring Greek, April
20 and 20, 1889.
Resolved, That Burnet County Alliance,
No. 2710 memorable Hon. Richard Coke,
j. D. Sayars and John II. Reagan, for their
untirisg and fearless advocacy Of the
peoples rights in the present national
congress, and our grateful remembrances
for their kindness in forwarding valuable
documents, seeds etc., through the depart
ment. And we earnestly request that
they continue the good work, until the
farmer and lsborer shall be free from the
shackles of oppression.
Resolved, That Burnett County Alliance
No. 2710, memorable our state Senator
Hon. g. W. Glssscock and our represen-
tstive Hon. Norton NJ )ses for their able
defense Of peoples rights in the Twenty
first legislature, especially for their fear
less advocacy of the trust and railroad
commission bills. ]. L. DAVIS,
Secretary B. @. A. 27l0.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09
The House Journal.

journal Clerk Burney and Assistant
journal Clerk Lambert are still hard at
work indexing the house journals, and
they will probably have the copy" ready
for the printer about the last OF the week
The index to the journal will show the
following: House bills, 6S7; Senate bills,
157; House joint resolutions, SO; Senate
Joint resolutions, 4. The work of index
ing the journal is big job, but in the
hands OF Messrs. Burney and Lambert, 1t
will no doubt be good one.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09
THE COURTS.
DISTRICT COURT.

DIoIHICT
In this court yesterday, Judge Key
presiding, the following proceedings were
had:
Ned. Cleveland vs.. Austin and North
western Railway company; Judgment for
defendant.
State We. Galveston, Harrisburg and San
Antonio Railway company; on trial.
The following cases are set for to-day:
Dyer vs. Austin and Northwestern railway
Thetreau We. City of Austin.
COMMISSIONERS COURT.
The county commissioners court spent
most of the day yesterday in examining
and approving accounts.
The court fixed the first Saturday in
June as the time for holding elections fol-
school trustees throughout the county.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09
Always Keep the Upper Hand of
Disease.

Changes of temperature are apt to
cause dangerous sickness; in the full
blooded apoplexy is to be feared. When
you have pain in the head, feel dizzy,
feverish, rheumatic or sick at the stomach,
take at once three to ten of BRANDRETH's
PILLS. Such slight affections are only
the harbingers Of disease or sudden pros
tration, and the thing to do is to master
the trouble at once. Never let little
sickness get the better OF you. Drive 1t
out Of doors Immediately. Let there be
no compromise, always have with you a
box of BRANDRETH's PILLS, and you are
prepared to fight the worst form Uf sick
ness in its incipiency.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09
BASE BALL.
A Game Between the High School
Clubs-The Austlns Leave.

A Game Between the High School
Clubs-The Austlns Leave.
The High School and Graded School
mines crossed bats yesterday in the second
game of the series. AS before, the High
School nine literally wiped up the ground
with the "kids." The following is the
score by innings:
High School. 49,. 400 4 8 10 0 O-12
West Austin 20 600 o.
Struck out-By Lee, 10; by Gilbert and
Rundell, 8.
Passed Observation-Disclosures, O; Bar
ton, 5.
Time of Game, hour and 80 minutes.
Errors-High School 4; West Austin ID.
Umpires-Johnson and Jernigan.
The Austin team left last night for
Galveston, where they play to-day. They
then 60 to Houston, thence to Dallas,
Fort Worth, Waco and then home, play
ing three games in the cities named.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09
Decorating Soldiers Graves.

WACO, May THE custom of decorst-
ing the graves OF ex-soldiers was very ap-
propristely observed here to-day. The
procession to the cemetery was fully one
mile long, and was composed of members
of the Grand Army of the Republic, ex-
soldiers, pupils of the city schools and a
larger number of citizens in carriages.
This is the first observance of this custom
at Waco, and it will probably not be the
last. q
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-05-09
Sunday School Picnic.

The Sunday school of the First Street
Methodist Episcopal church, of which Mr..
G. W. Moore is superintendent, had its
annual picnic Saturday in Spence's grove.
By common consent, Miss Alice Brydson
was chosen Queen of the May, and the
browning of the queen was most inter
esting event. The day was most delight
fully spent, and before the merry pic
nickers adjourned a resolution of thanks
was adopted for the use of the beautiful
grove.