davidaulloa/AmericanStories huggingface dataset:
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-11-20

ties, II refused to consider whether a
case was made out. without the intro
duction OF such proof.
That we may not be charged with I'M
fair criticism of the Court. we repub-
iish their opinion:
"There Is but one question present.
ed lr the record in this case wnich re-
uulres consideration by US. il appears
from the bill Of exceptions that aitet
the evidence for the state and appellant
had been introduced. and after the ar,
guments OF the district attorney ana
appellants counsel had been closed
and the Judge had read his charge 10
the jury the court permitted the case
to be reopcned and allowed evidence
to be Introduced by the state to prove
that the name Of the alleged murdered
person was Lou Williams ms charged
in the Indictment, and that thereafter
the court allowed the state and appel
liant fifteen minutes each for argument
before the Jury on the new evidence
offered. Az stated, the appellant OBJ
jected TO this, and saved his Bill OF e&-
ceptlons
the artisle OF our code OF criminal
procedure relating to argument ana
gumen, has begun are as follows, Ar
ticle $50 regulates the proceedings on
the trial OF the case. requires the tes-
ttnony on the part OF the state to be
first introduced. then testimony on tue
part OF defendant, and rcbutting testl-
mony on the part OF the state and de-
fcndant may be offered Article 66I
authorizes the court to regulate the
order OF the argument, but In all cases
the statee counsel shall have the right
30 make the concluding address to the
jury. Article 668 limits the power OF
the court To restrict the argument to
less number OF addresses than two
on each side. Article G7l requires the
court after the argument OF any Grim.
inul cause has been concluded. In all
felony cases to deliver n written charge
to the jury. Article COZ authorizes the
Jury, when they disagree MS 10 the
statement Of any particular witness,
updn applying to the court, TO have
such witness again brought upon the
stand and detail his testimony upon
Che particular point Of Disagreement,
and In such ease no shall be Instructed
20 make his statement In the language
used upon his examination aa near as
he can Article GGl, which Is the only
statute which authorizes the court to
allow testimony To- be- introduced after
the evidence has closed and the argu-
ment was begun, reads as follows: THE
court shall allow testimony TO be in
tr9duoed ut any time before the argu-
mont NJ The case Us concluded, II n APP
pear TINT II is nccensary TO q due ad-
ministrntion Of justice This article
has frequently been invoked IN the
trial courts In order 10 Introduce tcs-
timony after the argument of cause
has berun. pouahoe rs. State. " Ct
APP. 2Jj Thomas We, State. II q.
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-11-20
rlIE INTERNATIONAL rOUrE Il. A a. N
kAllnOAD.,

CRY, foyt MorJh and San Antonio. via
hs.rns. with wuich imuardlAts casneetiola
are made At Ennis to and from Dallas Ths
tonic, Laredo and points IN Mexico.
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-11-20

Thorc must be nm end 10 the intro
ductiun OF evidence somewhere, and IL
We depart from our statute on the sub
joct the question then would be, where
VIII We erect the next barrier. beyond
which we would declare that no further
evidence could be adduced? We would
simply be at sea with no rule ON
the subject, save MS judicial necessity
might suggest So whatever hardship
may result IN amy particular cave. we
believe that the administration Of JUS
ticc b. bn4t conserved by nuhoring 10
the pain rules OF law aR Cnuncioted by
our statute.
As We believe the object and pur-
pose OF the article In question was 10
make the limit beyond which no court
should be authorized to allow the In
PRODUCTION ~ testimony, and as the
court VA this case In admitting the tcs.
timnny Of Witnesses M to the name
Of deceased party, violated the provla-
lona of our statute on this subject,
thls case must he reversed
1t has been suggested that the state
inent OF facts IN the ease shows that
the name Lou Williams. na alleged In
the Indictment was sufficiently proven,
as she was often alluded 20 by wilt
moss rs Mrs, Willnms, and the wife of
l.. y, Williams, the appellant, This ~
doubtful hut concedlng that the con-
tcntion Is correct, this matter should
have been given to the iury In the
shape where the evidence left It at the
close of the uraument and they should
have been afforded no new evidence
ON ms or amy other question involved
In tho case
In the Wow We take Of the case. II IL
unnecessary 20 discuss other assign
ments, but for he error OF tho court
In rcopenlnr the case after the close
Of the argument. the Judgment OF the
M Ia,
remnndcd
Opinion by Henderson. Judge,
This case 10 significant In showing
the tendency of the court In that II
establishes precedent Tho question
Involved was not one OF equity. but Of
procedure, There Is no statute on the
subject and the decision ls court-madc
law, 1t Is clearly within the province
OF the Court to Indicate the better prac-
tice, but to arbitrarily reverse find
ing OF lower court. reached after In
finite trouble and at great expense
upon such u trivial pretext is u clear
usurpntlon OF authority, abusing Its
own mission and probably defeating the
ends OF justice
The error In praetice--lf Il were an
error-was matter OF no consequence
whatever Such an accident. for IL was
an accident. may be committed In the
trial OF any case. In this instance It
Birmingham state herald., 1895-11-23
Our Specialties.

DISEASES OF THE BLOOD, Kidneys and Bladder Constipation. Chronic Diar- rhoea. Rheumatism Catarrh; all froms of Skin Disease, as Eczema, Ulcers. Blotches. Ugly Eruptions. etc.
 SYPHILIS in evry form effectuaiiy cured and the poison thoroughly eradi- cated from the blood. Gonorrhoea, Gleet,, Structure, Cystitis. etc.
 NERVOUS DEBILITY-Sperma rhoea, Impotence, Seminal Losses, Fail ing Memory, Lassitude, Gloominess, De- pression of Spirits and all effects of per nicious habits.
 All irregularities and cases of weakness in woman.
 Dr. Dozier gives his individual study and efforts to the diagnosing and treat ment of every case, prepares all medi- cines and gives all directions and advice. thus securing to every patient the high est professional skill and privacy as well as security against mistakes and the use of inferior drugs
 We make SPECIALITY of ALL MANNER of CHRONIC DISEASES , Sr of BLOOD, KIDNEYS and of the Genito- Urinary Organs, and do not confine our selves to PRIVATE DISEASES alone; hence we are patronized by the best peo- tleman can visit our office with perfect
 CONSULTATION FREE and private matters sacredly inviolate..
 Easy payments and liberal terms to all. especially the poor.
 Persons who cannot visit us in our of- flee can. by sending us their name, re- ceive our Perfect Question Blanks" which will enable us to TREAT THEM SUCCESSFULLY BY MAIL.
 OFFICE HOURS-5 e. m. to 12 ...; 2 D. m. to 5 D. m. Sundays, a. m. to 12 m.
 Send 9 cents for question list and Book for Men Only"
 Send cents TOT question list for S>- males
 TAKE NOTICE that WE WRITE NO PRESCRIPTIONS, but prepare and fur nish from our own Dispensary all medi- cines to our patients. E That we publish no individual testi- monials or letters, though we have thou sands of the most fiattering on file in That WE CAN TREAT YOU SAFELY, SUCCESSFULLY AND PRIVATELY BY MAIL.
 Dr. Dozier & Co.,,
 P. o. Box 112. Birmingham, Ala.
Birmingham state herald., 1895-11-23
FOR SALE
BY sMIT

FOR SALE
 BY SMITH CHICHESTER & YANCEY.
 Lot 100x200, elegant 10-room residence, Beeler's Station, short route dummy. Price S6300: good terms; fine bargain
 Lot 85x15212, splendid Broom residence, all modern Improvements. Avenue J and 18th street. Price S5000, half cash very cheap.
 Lot 50x200 the best built and best finished S-room residence on South Highlands, close to, goth street, everything done on the lot is perfect. Price s65O0: 1t is worth in fact s$S500
 Lot 45x1OO southeast alley, corner 22d street, between Avenues F and G. rooms; modern improvements. Price slS50 very great bargain.
 Lot 50x14O, good 7-room residence: all mod rerp improvements; lot well improved; Ave nue and 17th street.. Price $500; worth $3500.
 Lot 1OOx14O. corner Avenue E and 2sd street, two 4-room houses; always rented.
 Lot bOx2iO, new 7-room cottage, No. 2O2o Sth avenue; fronts Capitol Park. Price S3500; good terms.
 Lot 5ox1sO. Avenue G and 27th street. Lot 7oxls2. Avenue K and 18th street. Lot SOx2oo on 2Oth street, between 18th Lot 70x235, on Fist street, between 12th and 18th avenues, south. Price S1100. E Fruit and truck farm at Park Wood Sta tfon, south; 12 miles; 120 acres. Price $2200. Fruit. grapes and wine will pay for the place in two years. Greatest bargain on earth Come and see us. @r"
 lO-Z7-1mO
Birmingham state herald., 1895-11-23
Suns Cotton Review.

New York, Nov. 22.-The Suns cotton re- view says: Cotton rose to Il points. lost this and declined point. recovered this and advanced point, closing steady, with sales of 233,0O0 bales The port receipts were 33, ,O46 bales. including various" against 62, 407 bales last week and 6S.4Si last year; total bales last week. 3+7, ,034 bales last year, 2S5,0OO bales in 1893 and 259, GOO bales in 1892. Port receipts 1000 bales. Interior receipts for the week and 226, ,502 bales last year. shipments 15l, ,S99 bales, against III, S73 bales last week and 26S,63l. bales last year; stocks 451, ,713 bales, against .2ls bales last week, and
 Today's features: Scarcely single char aacteristic of bull market was lacking to- day after we consider the, position of the for the condition was extraneous to actual cotton. It was mainly because of renewed disturbances in Turkey and the fact that mated at ssZS00, 900 that many holders sold this evening. Early in the day factors bear ing indirectly on the actual business caused active and rising Liverpool market, a stronger tone in Manchester. better dry goods business. good spot trade in this country and abroad, and to crown all. con- tin aed small receipts. both at the ports and the interior towns. Not only were the re- ceipts small today but the estimate for New small. The arrivals at interior towns. like Houston. Brenham, Dallas and Helena, was what Memphis, Natchez. Macon. Atlanta and other a points & were s,maller, , not only v, as those of last year. There was lack of ag- gressiveness on the bull side and there cer- fainly was an absence of anything like ag- eressiveness on the part of bears. As soon as the gold exports cease and the political situation in Europe clears up, 1t is believed influences affecting cotton will have full sway and that prices will reach much higher level.
Birmingham state herald., 1895-11-23
New Orleans Cotton Exchange Statement.

New Orleans Cotton Exchange Statement.
 New Orleans. La.. Nov. 22.-New Orleans cotton exchange statement from September l, 1895. to November 22 1895:
 Port receipts 2.24O,763 bales, against 6,355.- S62 bales last year. 2,574, 820 bales year before last and 1861 099 bales for the same time in 1892; overland to mills and Canada 320 378 bales, against 4S3 461 bales last year, 293 9S3 bales year before last and 315, 495 bales for the same time in 1892; interior stocks in ex- cess of September 1 1,223 bales, against S36, 146 bales last year, 3l6 266 bales year be- fore last and 216 146 bales for the same time in 1892; southern mill takings 251 3S9 bales against 238,5S6 bales last year, Hl PAT bales year before last and ,210 bales for the same time in 1892; crop brought into sight in eighty-three days to date 3233, ,753 bales against ,54 bales last year, 3296, 3l6 bales year before last and 3,094, $50 bales for the same time in 1892; crop brought into sight for the week 294,49S bales, against 4739l4 for the seven days ended November 22 last year, 093 bales for the seven days ended November g year before last and 360, 390 bales for the same time In 1892 crop brought into sight for the first twenty-two days of November 963, ,606 bales, against 1,602 POI bales last year, 2, 143, ,698 bales year before last and 1895, STA bales for the same time in 1892
 Comparisons in these reports are made up to the corresponding date last year, year before last and in 1892, and not to the close of the corresponding week. Comparisons by weeks would take In eighty-four days of the season last year, eighty-five days year before last and eighty-six in 1892, against only eighty-three days this year.
Birmingham state herald., 1895-11-23
FOR SALE CHEAP

s10O EACH-Two lots 5Ox1S5 fronting East Lake dummy line at Johnston Station. One-third cash. s900-3h acres rich land under cultivation fenced with barb wire near Lacrosse Sta ton; convenient to East Lake dummy. T50-Two acres with house that cost $1600 < on macadamized road at Woodlawn. s1000-Nice home on 18th street, near Elec- tric cars; four rooms and hall; good neigh borhood; fronts right; renting for $10.5O a month.
 s16O0-5Ox19O, 2-story, S-room house, Avenue F; nice locality. Will sell on your own terms. s1SoO--Forty acres near East Lake; good pickup. s225O-9OxSOO, 7-room house, Huntsville ave- nue.
 $25OO-50x190, rooms, Sth avenue. Rents s24 per month.
 s3O0O--Avenue J, near 18th street, 8 rooms; modern; southern frontage; rents $35 per month. One-third cash. s12, ,5OO-Gilt-edge property, 1OOx19o, 9th ave- nue, between 18th and 2Oth streets; renting for S1440 per annum. s25O0-5O feet on Morris avenue close in.
 s. E. THOMPSON,
 No. 2l5 Fist street.
Birmingham state herald., 1895-11-23
Chicago Change,

Chicago. Nov. 22.-4wheat values sank still lower today. The. opening quotations were the highest of the session, but fluctuations were confined to narrow limits and there was more of weakness than of strength to the trading The opening was attended with signs that the decline of yesterday has left feeling of depression in the minds of traders. Further Iiquidatons of Hong" wheat were expected and 1t was this ap- prehension which tended to hold the mar wheat opened at 56c. sold between 56A and 55Aq 55sc, closing at 56Bq66Ac, shade un- der yesterday. Cash wheat was A2c per
 Corn-At the start the action of the corn market was fairly brisk but nothing be- yond ordinary. The tone at that time was of November. Dullness succeeded. however, and with the inactivity eisier feeling pre- vailed Wheat having hardened before the close corn also firmed and the last prices being full Ac. May corn opened at 29Hc, sold between g and 291sG2aAc, closing at the opening prices shade higher than yester- day Cash corn was Ac lower.
 oats-This market was still without. es- sential change. Trading was very light and prices held steady. Orders were few and unimportant. The traders tonno @ the oats closed unchanged. Cash oats were firm.
 rovisions-Although the hog market was lower and although wheat was weak pro visions presented fairly steady tone throughout the day, and even made slight gain as a result on the days trading. There was not much pressure to sell, owing to good many people feel inclined to buy In the belief that their chances of losing are now at a minimum At the close January pork was Sc higher than yesterday, January lard 2lbQ5c higher and January ribs 2Ac higher.
 The leading futures ranged as follows:
Birmingham state herald., 1895-11-23
Clippings From the Press.
P. o. Box 112. Birmingham, A
The Daily State.

The Daily State. ' Dr, O. T. Dozier, the specialist physf-. ciar. of the Southern Medical Dispensary, is one of the most successful practition-. CTS of the south. He is a man who loves the world and his fellow-man. Patients learn to love his ever sympathetic ma ture, as they respect and confide in his consummate skill.
 Age-Herald. z It always affords a public journal pleasure to testify to merit where it is deserved. It is therefore with pleasure and pardonable pride that the Age-Her- aid ions with its brethren of the press in testifying to the merit, skill and reiiabil- itv of pr. o. T. Dozier, Principal of the Southern Medical Dispensary of this city. pr. Dozier has resided for many years in Birmingham, and each successive year has added to his reputation, to his use- fulness and to the esteem, in which he Is held by our best citizens. His long rec ord and approved abilities entitle him to the proud distinction of standing at ''the head of his profession" -srt
Birmingham state herald., 1895-11-23
FOR RENT.
@@~~>@
 FOR RENT

FOR RENT. No. 240s 4th avenue, rooms; all modern sconveniences. No. 512 18th street, North. rooms and ser wants house, S1D
 No. 1410 5th avenue, rooms; large lot and water furnished; S10
 FOR SALE. 160 acres of coal lands close to the city. two openings, one 400 tons and one 200 tons each per day; will sell at a great sacrifice; need money. Small payment, balance easy terms
 $1500-Two broom houses, lots each 50xl90: all rooms nicely papered; in good location near the city.
 sS5O-Corner lot, 10Ox14O;- 4-room house, new; rooms nicely papered; new fence in- side corporate limits; cheap. $S00--5 acres on electric car line and macadamzed road. This is desirable loca- ton for a home. .s.-5 -..e qs.F5.- $150A-room house, lot 5Ox140;. nice lot. fruit trees, good cisterni at the Fair Grounds on dummy line. .s. l. Lots at Wares Grove very cheap. Also in Jonesville at very low figures. Have, some acreage property that is good for trucking.
 l.. c. PETTYJOHN,
 1S26lh Third avenue
Birmingham state herald., 1895-11-23
FOR SALE.

house, for S3250 cash. . { GAO acres of land in twelve, miles of. city for $3 per acre cash.
 50x140 r5-room house, Avenue E., between 18th and Eth streets, for s1275;. easy terms. 50x190-On Avenue F, between 26th and 2th streets for $425 cash.
 5Ox240-On sth avenue, between 22d and 23d streets, for S1500 cash. 5 25x140-On Sd avenue, close in, for S3500, $500 cash, balance easy terms.
 Three acres of land at Avondale for $275; easy terms.
 50x140, On 9th avenue, between .24th and 18th streets, for $1750 third cash, balance one and two years Two 91e acre blocks of fine land right near Elyton for $65 per acre. WANTED. -s2000 at per cent for two years.
 HAGOOD & THOMAS, s-i 222 Fist Street
Birmingham state herald., 1895-11-23

s15 per lot-50 lots all for $750 cash ;near city limits and dummy; all houses around it rent well; lots around 1t recently sold for $125 each; see it.
 For Sale-A bargain Several beautiful improved rich truck farms fronting Besse- mer dummy at Martin station; only on mar ket for a few days; go out and see it. S30, $40 and $50 during the next few days will buy several choice North Birmingham lots. E For Sale-5 acres miles south of city: B. room house; good well; fruits; barn; S375. : &O0-Nice 4-room house and lot well To- monthly
 Sz75 easy terms-Good 4-room house with two lovely lots 100x165 on East Lake dummy, at East Lake; good well water. S350-A good Broom home in good neigh borhood 50 yards from 18th street car line:
 B. F. EBORN,
 2006ia Second Avenue.
Birmingham state herald., 1895-11-23
FOR RENT

FOH KENT. 301 and 303 20th street, double store, b5x10O feet, corner Sd avenue. 211 18th street. beautiful store 40x100 feet. ISIS 1st avenue, small store, very cheap. 109 goth street. best location in city. Dwellings offices, halls and bed rooms in different parts of the city
 WANTED. To invest from $20OO to 5000 in real estate that will pay a good interest.
 as T. H. MOTION & CO.,, S-1S-1m Dr. Smiths Block.
Birmingham state herald., 1895-11-23
MARKETS BY TELEGRAPH.
Cotton Letter.

Cotton Letter.
 New York, Nov. 22.-(Special.) l.)-Liverpool sent very encouraging report today and our market opened about 10 points higher; but when January was reached on the call there was pressure to sell and about 4 points of the advance was lost After day of nervous fluctuations in which January sold down to BPS. after having barely touch ed S.35 on the call, the market closed steady with S.25 bid for January. Cotton may have further slumps, but the outlook today seems decidedly more encouraging for higher prices. The movement continues exceed ingly light so light that there is no longer any doubt that the leading fear operator has versed his position and Is buying cotton on declines. It seems to us that there is now little danger of any very serious break in the market, and on all weak spots we favor buying. RIORDAN & co.
Birmingham state herald., 1895-11-23
New York Cotton Seed Oil and Sugar.

New York, Nov. 22.-Cotton seed oil was steady and quiet; crude, 2514@26c; yellow prime, new, 29@291sc; yellow prime off grade, 2S02S1sc.
 Coffee options were steady and unchanged to 15 points down; December, $14.30l14. 70; January, s141Oa1415; February, $l4.00; March, SIS S501390; May, $13.35; June, S1S.00; July, $1275 Spot Rio was dull and easy; No. [, 15Ac.
 SugarCRaw was dull and steady; fair re- fining, Sc. Refined was steady and quietj and crushed, 5Mc; granulated, 4k@4ssc.
Birmingham state herald., 1895-11-23
THE MARKETS.
THE LOCAL MARKET.

Corrected daily by J. H. McCary company, wholesale fruits and produce commission merchants, 2O19 and 2091 Morris avenue.
 Fruits and Produce. Potatoes per bushel, 60 to Goo. Onions per pound, 1A to Pc. Bananas, fancy Jumbo punches, S1.25 to s1.50 choice punches. s1.OO to SIPS; medium. Soc to $1.00 Lemons. fancy. 360s. per box, $5.50q45o. Apples, choice, $1.75 to $2.o0
 Butter. Fancy Jersey, 20 to 22c. Fancy country, 15e. Mixed country, 121kc Old, to 6c.
 Poultry. Chickens, large flyers, 15 to 17c; broilers, to 10c; cocks, 15c; hens, 25e. Ducks. 20 to 25c. -f Eggs, 17c.
Birmingham state herald., 1895-11-23
Chicago Cattle Market.

Union Stock Yards, Ill., Nov 22.--Cattle-- Receipts, $500; the market was steady; com mon to extra steers, s. .2O0l4S5; stockers and feeders, $2.30d375; cows and bulls. $l.500 $50; Texans, $2.2O934O; western rangers, S22503.75.
 Hogs-Receipts. 35,OOO the market was gc lower; heavy packing and shipping lots, $3. .45a3.65 common to choice mixed, s. 49q 3.60; choice assorted, $3.5543.60: light, $3.350 3.60 pigs, S22O93.55.
 Sheep-Receipts, 65OO the market was steady; inferior to choice, lS1.75@3.70; lambs. S3 00fI4, 40. sts5.s
Birmingham state herald., 1895-11-23
New Orleans.

New Orleans, La, Nov. 22.-Sugars were steady; open kettle, 2025se; centrifugals, granulated, 4q4 1-16c; choice white, 31zQ37sc; yellow, 3 3-16M33sc.
 Refined sugar-Cut-loaf and powdered. 4Bc; standard granulated, 4 7-16c; confec- tioners A, 43sc.
 Molasses was steady; plantation open ket- tie, 1SM31c. Centrifugals. common to choice, to 18c; new syrup, 1S0I22c. nary, 2la@2Ac; fair, 27s@3lsc; prime, S7s@ 4bc.
Birmingham state herald., 1895-11-23
St. Louis.

St. Louis, Mo, Nov. 22.-Flour was un- changed.
 Wheat was lower; November. 55lzc; De- cember, 557sa56c: May, Gle.
 Corn was lower; November, 24lsc; De- cenber. 241ac; May, 26c.
 Oats were firm; November, 18c; Decem- Der, 1Sc; May, 203sc.
 Pork-Standard mess, ss.25Q8.3214.
 Bacon-shonlders, s5. 30; longs, s512lk clear ribs, $525: short clear sides, $5.371a.
 Dry salted meats-Shoulders. $4.S71a longs, s4971s; clear ribs. $475; short clear sides, $5.121a.
 High wines were steady at s1.22.
Birmingham state herald., 1895-11-23
Dry Goods.

New York, Nov 22-The primary dry goods market and jobbing circles have again been quiet today There is no change in the general tone of the. market for cotton goods; staples are easy here and there, but cotton dress fabrics are firm both in dark work and in new spring lines The woolen goods departments show no alteration from late reports.