Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-10-10
A NOTED CASE
GROWING OUT OF ASSIGNMENT
OF g. K. BROCKINGTON.
A Verdict DissOlving a Deed of Trust.
A Travelling Peddler Takes Dis
agreeable Medicine Like
An Angel
Special to the Gazette.

Special to the Gazette.
HLLsBoRo, HILL COUNTY, TEX, Oct. g.
Several days since a travelling peddler came
to town. Finding that he could do no bus
mess here he concluded to take in the
country. He went to the livery stable of
Porter s. Crumley, hired a team and went
out in the country northwest of town nine
miles, During his trip he visited the house
of X. j. Mathews, about one mile from
Woodbury.. On learning there We're no
men on the place he used insulting language
to Mrs. Mathews. She ordered him to
leave the place, which he did. When Mr..
Mathews arrived home late that evening
his wife informed him of what had oc-
CURED during his absence. The next morn
ing early Mr. Mathews mounted his horse
and left in the direction the peddler had
taken in search of him. He found him
about two miles from there at the house of
4 MIR. johnson, where he had stayed all
night. Without letting himself be known
Mathews at once began using his fists very
freely on the peddler's face. After it was
beaten somewhat into 4 jelly he outran
Mathews and came to town, stating that
the team had run away and thrown him
out, his face coming in contact with barb
wire fence, and that this was the cause of
his being so badly disfigured He left
town without makir complaint against
Mathews, and therefore no arrests have
been made.
The case of the Schwab clothing COM
pany, one of the largest creditors of B. II.
Brockington, who made an assignment of
his stock of merchandise here the 25th of
last November to G. PessellS. who was
made trustee and was to pay certain credit
ors to the amount of sos, 900, is on trial
The Schwab clothing company not being
one of the preferred ones and being in no
way secured brought suit against the trus-
tee to break the deed of trust After filing
this suit they attached the unsold goods
that had been bought from them while they
were in charge of the trustee. The latter
afterwards laid claim to the goods by virtue
of trust deed, and took possession of them
by filing his oath and giving bond as the
state statute requires in such cases. The
question now arises in the trial as to who
is the rightful owner, as the Schwab.cloth-
ing company claim that Brockington had
never paid them one cent for the goods and
that they are the rightful owners of the
same. If the court decides the deed of
trust defective, the plaintiffs in the cases
pending will recover their claims, other
wise the provisions made by Brockiugton
to his trustee, Pessells, will be carried out
The amount claimed by the Schwab cloth
ing company is nearly $500. Brockington
was on the stand nearly all day
to the jury. Quite a number of able
lawyers have been retained on both sides
and no little interest is being manifested by
outsiders as well as all parties concerned
The election held in Whitney Tuesday to
decide whether the town should be incor-
porated or not was very quiet affair all
the way through. The town is still an unin-
corporated village, as the vote against re-
suited in five majority.
Later-The jury in the Schwab Clothing
Co. against G.. Pessells, trustee of B. K
Brockington, after following the charge of
the court very closely, rendered a verdict to
dissolve the deed Of trust. The defendants
in the case have given notice of appeal to
the supreme court. The verdict appears,
from general expression among the people,
to have been very satisfactory.
The citizens in the southwest portion of
Hill bounty, about fifteen miles from Hills
boro, are at present very much excited over
reported find of a silver mine on Aquilla
creek.