Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1892-02-15
HIGHER COURTS.
Decisions of the Court of APP
peaIs at Galveston.
FRANK KANE'S CASE DECIDED.
He Could Not Make the Contract With
Fort Worth, Therefore Could Not Re
cover-The Case of Daggett VS..
Tarrans County Affirmed.
Special to the Gazette.

Special to the Gazette.
GALVESTON, TEX, Feb. 13.-W. D.
Bowen vs., the State; from Brown county.
Conviction for SANDER. SANDER consisted
In defendants declarations to other parties
that he had had carnal intercourse with the
prosecutriX. Appellants defense Is that
the charges were true. Defendant testi-
fed that he had such intercourse time and
again. The prOsecutriX testified that 1t
was untrue There is testimony which
tends to strongly corroborate both theories.
The jury have decided that the states
theory was true, and the court is not war
ranted in saying that the conclusion was
wrong. No error in excluding the school
teachers testimony: il is too remote, vague
q and Indefinite Affirmed Opinion by
White, p. }. John e. Bell for appellant,
Assistant Acknowledgement Harrison Tor
the state.
G. W. Campbell VS.. the State; from
Mason county Conviction for murder in
the second degree and five years in the
pguitentiary. The state was permitted
over objection to ask the witness Hart
man: What was the reason you held up
Campbell and the other boys and wanted
10 keep the drop on them when you met
them in the pasture2" Objected that it
was irrelevant and immateriaL Witness
said. Because l believed Campbell had
killed my brother and belonged to the
mob" Held: Error not to exclude it; 1t
was the opinion of witness anu not Ieglll-
mate. Court also erred in permitting the
declarations, statements and advice given
by three parties, to-syit, his attorney, the
Judge and district attorney, TO satd Hart
man. They were. irrelevant and purely
hearSay Hartman was also allowed to
state what he told his wife the night his
son was killed. Held: Error. Mr.
Campbell, during the trial. had been ar
rested, charged with implication IN the
crime He had not been indicted, was
placed on the stand, the district attorney
III presence of the jury asked the court 10
inform the witness that anything he might
say could hereafter be used against him.
The court cautioned witness accordingly.
Held: Error; was calculated TO injure de-
PENDANT; witness. not being indicted, was
competent witness. Reversed and re-
manded. Opinion by White, p. j. Trip
lett & Lewis, NJ Fulton and E. Light for
appellant: Assistant Attorney-G General Har-
rson for the state.
Reuben Everheart vs,lthe State, from
treestone county; iconviefion under indict-
ment which charged that appellant did
lnlawfully play at game Of cards at
public place describing the place.. Proof
showed that the game was monte and
not game at cards within the meaning
Of the code. Monte is mentioned in the
code as Us nominee one of the games in
Guided within the meaning Of tables of
banking games. reversed and remanded.
Opinion by White, P J. Gardner & Reed
Tor appellant; assistant Encouragement
4hd ). D. Childs for the state.
A J. Roe VS.. P. ]. Halbert; appeal from
Dallas county Suit in justice court upon
open account by appellant. Judgment for
appellee On appeal 10 county court ap-