Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-09-14
WILL FIGHT 1T.
Questioning the Legality of a Sidewalk
Observation-Disclosures Attending
the Shooting of viii Cubiey.
Special to the Gazette.

Special to the Gazette.
CoRsICANA, NAVARRO COUNTY. Ten,
Sept. l3.-COl. Freedman has appealed the
case Of the city against him for NOT having
sidewalks in accordance with the ordinance
10 the county court. and says he will carry
the matter to the supreme court before he
will pay it. The following are the facts as
/ brought out at the trial before Recorder
Hightower yesterday:
Soon after the city had had its street
paving completed the city council passed
an ordinance known us the sidewalk ordi-
NANCE which made it Il penal otfense to
put down Z new sidewalk or repair an old
one with any other except tireproof mate
rial. Col. 5. :. Freedman REPAIRED the
sidewalk in front of Dr.. Rother'S drug store
, with plank, and the city sued him for VIC
lating the ordinance. Mr.. Freedman not
thinking the ordinance ii just one proposed
to fight it, and SO secured the service of
Nlessrs. Simkins & Neblett and Richard
Mays TO defend him. Yesterday the case
was called before T. d. Hightower, eX-
oflicio justice of the peace, and the city was
| represented by City Attorney d. G. Grant
ham. The defense tried TO prove that the
city tore up the sidewalk in putting III the
curbstone. and that Freedman was only
placing it back like it was. They claimed
that if the city tore it up they should fix,
or III at least allow the owner to do it. Being
overruled by the judge in this point, the
defense then tried to attack the ordinance
by proving hat the ordinance was never
legally passed and published as the city's
charter directs but they failed to establish
this fact in the minds of the jury, and they
brought ina verdict of guilty, assessing his
fine at $40, the limit to the offenSe being
SEQ.
THE CCELEY SHOOTING.
The following is from an Omaha paper
sent Sheriff Cubley to-day i'll regard to the
shooting of his son. Viii, in that city:
w. NJ. Cubley was the victim of a muir
derOus assault at the hands of his father-iu-
law, Mike Mccarthy, about ) O'Clock yes
terdaV evening. Two months ago CubleY
moved here with his family from Parsons,
Kan, and has been working III the Missouri
Pacific shops. his father-in-aw also work
ing there and boarding with them The
old man has frequently made improper
propositions to his married daughter and
also to her younger sister of thirteen years.
Cubley stood between the daughters and
their unnatural father. and finally told him
to find another boarding house. The Old
man lost his place i'll the shops two weeks
ago and since that time has been drinking
heavily.
Yesterday afternoon he removed lot of
his effects from the Cubley household in
the rear of Ills Cast street and also took
an old muSket belonging to the young Kan.
Cubley returned home from his afternoons
work and just as he was entering the door
Mccarthy came down the alley: viii, I'm
going to kill YOU" and leveled the gun fir
ing at d distance of twenty feet. Cubley
had a heavy overcOat over his shoulder and
threw up his hands. The coat was riddled
and his arms We're badly torn. Mccarthy
walked coolly to 4 saloon where he was
afterwards arrested