Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1890-04-17
DISTRICT COURT.

Judge Alexander assembled the bench
and announced his decision in the
case of Eisenmeyer VS.. Hudson and
in the case of Sprague VS.. r. D.
Harris, the former of which was
tried on Thursday and the latter on
Friday. In both cases the court re-
served its opinion. In the case OF
Eisenmeyer vs.. Hudson, where the
late firm of P. W. Hunt & Co., exc
cuted a mortgage to the defendant
to secure preferred creditors, plain
tiff attacked the mode of assignment
and the court decided in the plain
tiff's favor, ruling that the mortgage
naming preferred creditors was in
the nature OF a statutory assignment.
In the case of Sprague VS.. Harris, a
garnishment suit, Judgment was rem
dered in favor of the defendant.
This closes Special Judge Alexander's
docket.
Monday-The criminal docket was
resumed, and Judge Garrett, who
has been taking a vacation while
Special Judge, Alexander disposed
of number of cases in which he
was disqualified, resumed his seat
on the bench.
The case of The State vs.. Arch
Hughes, colored, was called. This
is the case IN which the defendant
stands accused of numbering Frank
Kellum, an old man who lived alone
and kept store in the Whitman
neighborhood. The case had to be
continued on account of the absence
of witnesses
The case of State VS.. Henry Nor
mon, indicted for theft of COW, was
postponed one day on account of the
absence of witnesses, and the court
ordered fines to be entered against
them. Also against one or two for
eign sherifs for failure to return
process on attachment.
r. Bulls was tried on an indict-
ment for assault with intent to muir
der Henry Freitag out at fest at
PALMS store, when Freitag was at
tacke5 by the King brothers. The
jury found him guilty of aggravated
assault and fined him $3.50.
The case of the State VS.. VIM.
Bowden, assault to murder, was
then taken up and trial was proceed
ed with. The defendant in this case
was tried once before at the present
term of court and secured hung
jury.
Tuesday-The case of the State
VS.. Robert Bowden for assault with
intent to murder went to the jury at
a late hour Monday evening, and af-
ter being locked up all night and
kept together until noon without al
irving at verdict, the jury was dis
charged. This makes the second
trial with the same result during the
present term.
The case of the State VS.. Henry
Norman, for the theft of cattle, which
should have been tried on Monday,
but was postponed on account of
the absence of witnesses, was called
and the defendant entered plea of
guilty after jury had been duly
empaneled. His punishment was
assessed at two years in the peniten-
tisry, and time being waived, SEN
tence was passed at once. Fines
against H. Dalmeyer and F. W.
Keil, defaulting witnesses, were re-
mitted.
Drew and Bob King, implicated
in the assault on Henry F'retig some
time since, pleaded guilty to az.
gravated assault and were fined $3.50
each.
State VS.. George Mcclellan, in
dictei for theft of hogs over $50 in
value, verdict of not guilty.
The bail bond of Archie Hughes,
under Indictment for murder, and
whose case was continued for the
term, was placed at $1,000.
Wednesday.-The court disposed
of three or four cases, in which the
defendants were all colored.
Henry Williams was first put on
trial for the theft of horse and was
convicted and given eight years in
the penltentiary. The case of the
State VS.. Tom Robertson for the
theft of property over $40 in value
was then called. Tom pleaded not
guilty at first and conducted his own
defsnse, putting some sharp ques-
tons on cross-examination to the
witnesses for the prosecution and
displaying considerable shrewdness.
He knew the difference in law be-
tween The theft of property over $40
and theft under 800 in value, and
the burden of his questions was to
show that the property stolen "a
saddle was not worth $40. Failing
in this, he withdrew his plea of not
guilty and pleaded guilty, throwing
himself on the mercy of the court