davidaulloa/AmericanStories huggingface dataset:
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28

and that the court might so have instruct
ed the jury. Therefore plaintiff can not
complain of any errors in the charge on
the issue if negligence. Indeed, if the
servants of defendants had not discov-
cred the peril of plaintiff, whereby a new
duty devolved upon them, the court should
have instructed the jury to bring in a
verdict for the defendant. go Tex, 50;
so Tex, 60).
2. The engineer who was i'll charge OF
the train which injured plaintiff testi-
fed that when he first saw plaintiff go
ing into the place of danger he was about
Is feet from the edge of the platform.
We understand the law to be that, though
plaintiff was guilty of negligence in at
tempting to go upon the track under the
circumstances above stated, and though
the defendant was guilty of no negligence
until 1.-THE engineer actually discovered
plaintiffs peril, still it would be liable if,
after such discovery, the engineer failed
to use the greatest precautiOn to avoid
iniuring plaintiff. The charge of the
court ignored this phase of the case. We
are of the opinion that the jury might
have found negligence on the part of the
engineer in failing to blow the whistle to
warn plaintiff after he saw him going into
the place of danger. But the pleading of
the plaintiff does not present the issue that
the defendant was guilty Of negligence by
reason of the failure of the engineer to
warn plaintiff after he discovered his
peril. Upon the supposed error in the
charge noticed above, the writ of error
was granted, but we find from an inspec-
ton of the record, that the petition does
not make the proper issue of negligence
Therefore the judgment is affirmed. Opln'
ion by Denman, j.
Austin Real Estate and Abstract com
pany VS.. Balm; motion for rehearing
of an application for a writ of error,
from Travis county, Third district.
| 1t is claimed that our ruling in this
case is in conflict with the decision in the
case of Benson VS.. Phipps, decided on
a former day of the present term.
Although the question of the validity
! of O promise for an extension of a con-
! tract of Indebtedness is involved in each
of the two cases, they are clearly distin-
guishable.
In this case, after the note became due
lit was presented to defendant for pay
ment Defendant, through its president
requested that an extention of one week
! be given on the note, and agreed that il
| this was done it would pay the note
within that time. Defendant did moi
agree that it would not pay before the
! end of hte week, or that, in case it did
pay, it would pay interest for the entire
period of the extension. Hence there
was no consideration for the promise Of
the creditor, and therefore no valid con
tract to extend.
In Benson VS.. Phipps an extension was
agreed upon for a period of IL months
from which the promise was implied OF
the part of the maker of the note not tt
pay until the stipulated time, and on the
part of the payee not to sue until thai
date. The promises were mutual ant
constituted binding contract to extend
( In the case before us it was the right
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28
DESTRUCTIVE FLAMES.
Many Thousand Dollars Worth Of Prop
erty Consumed

Sioux City, Ia, March 21.-One of the
most serious fires in the history of Sioux
City, completely destroying the warehouse
of the Western Transfer company, in
volving a loss of more than $500, 900.
The high wind which was blowing carried
the fire to the linseed oil mill across the
street and it was partially destroyed with
a part of its contents, making a total loss
of 100000. The wind, which has been
from the southeast, now changed and in
creased in velocity, blowing for a time
directly from the east. This communicat-
ed the flames to the two big tanks, owned
by the linseed oil mills, and the platform
on which these rested burned fiercely.
Thousands of people congregated by this
time and when they saw the tanks on fire
there was a wild stampede. The storage
house in an immense structure. The main
part of the elevator was five stories high
and had a capacity of 10000 bushels.
In the building was stored 100000 bushels
of fiaxseed and several thousand tons OF
linseed oil cake. In the annex the oil was
in huge tanks, having an estimated capac-
ity of 100 900 gallons. When 1t was plain
that nothing could be done towards saving
the implement and warehouse the firemen
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28

turned their attention to saving the oil
mill storage house.
The building of the Western Transfer
company was a frame structure, six
stories high, covered with corrugated
iron. The iron aided the flames, as il
kept water from reaching the woodwork.
The four story and basement warehouse,
1OOX150 feet, was Quilted and machinery
valued at about 100000 was destroyed.
This machinery is owned by about 20
implement companies in different parts of
the state. The contents of the burned
warehouse was insured for aout $4,000.
The warehouse itself was protected by
$4,000 insurance.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28
THE CHOYNSKI-CREEDON SIN
ROUND FIGHT DECLARED
A DRAW.
TERRIBLE SWEDE" RENDERED
DOCILE BY PADDY PURTELL
At Galena Kansas-It Was Bloody
Affair-Fitzsimmon Receives Several
Propositions-Corbet Proposes
a Benefit for Sullivan-Other
Notes.

Chicago, March 21.-The six-round con
test between Joe Choyneski and Dan
Creedon was draw, no decision being
given by the referee. The condition of
the match proved that if both men were
on their feet at the conclusion of the
sixth round no decision would be given.
Choynski had all the best of it except in
one round. He knocked Creedon down
twice brought the blood in a stream from
his nose and had his man very tired and
grogy when the sixth round closed.
Choynski weighed 161 pounds, and al
though Creedon weight was not given he
looked to weigh fully as much as his op-
ponent.
In the first round Choynski tried hard
on Creedon's head and got hot one on
the body in return. Several exchanges
followed, but no heavy blows were struck.
The second round wasC hoynski's, he doing
all the leading and leading frequently with
his left on Creedon's heart and face. He
drew first blood with a wicked drive on
the nose and had Creedon badly winded
when the gong sounded.
round, getting in several hon blows and
driving Choynski into the ropes with a
blow over the heart and landing again.
In the fourth round Creedon tried for
| Choynski's wind, but Chonsk kept put
ting his left into Creedon's face. Both
were tired at the close.
| In the fifth Choynski landed his left on
Creedon's head and sent him to the floor
Dan coming as hard as though he had
fell from threestory building.
In the last round Choynski drove right
and left into Creedon's face. Creedon
clinched repeatedly to save himself and
was very weary man when the round
closed. He did not look able to do two
rounds more.
Jimmy Jardin of Chicago, the 105 pound
champion practically knocked out Joe
Bertrand of California in siX-round
contest before the fight of the evening
came off Bertrand was knocked down a
dozen times and was not able to stand in
the sixth round, the fight being stopped to
save Knockout in the third.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28

not in the fight after the first round
The fight took place in the opera house
and was witnessed by a large crowd, in
Guiding the mayor of Galena and the
sheriff of Cherokee county.
Notwithstanding Governor Morril's
order to the sheriff there was no attempt
to put a stop to the fight at any stage.
After it was all over johnson and Pur-
tell wore arrested, but it was the suppose
ton that the arrest was only mere
Formally. The citizens of Galena, which
is a place of some 500 inhabitants, not
only did not sustain the governor in his
attempt to prevent the mill, but seemed
very indignant that he should have in
deavored to interfere. They talked freely
of putting the sheriff in Jail until the fight
was oyer in case it had been understood
that he would take steps to carry out
the governors orders. The friends of the
fighters seemed determined to have the
fight and they had it.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28
THE COURTS.
The State Supreme Court and Uncle
Sans District Court

The supreme court yesterday disposed
of the following cases:
Writs of error granted-Faires VS..
Cockerill ct al, from Fayette.
Writs of error refused-United States
of America VS.. Schwalby ct al, from
Bexar; United States VS.. Spence ct. al,
from Bexar; Morrison VS.. Barry, Ellison
q Ethridge, from Dallas; Campbell VS..
Stole, from Harris; Texas and Pacific
Railway Company VS.. Ford and wife,
from Harrison; Bente ct al. VS.. Lange
ct al, from Harris.
Cause affirmed-Sanchez VS.. San An
tonic and Arkansas Pass Railway Com
pany, from Neuces.
Certified questions nswered-Arm-
strong vs. Traylor ct al, from First dis
trict
Causes bmitted-Houston and Texas
Central Railway Company ct al. VS.. Shir-
ley, from McLenna; Kimberly ct al. vs..
Morris ct al, from Hopkins; San Antonio
Street Railway Company VS.. Mechler ct
al, from Bexar. Wv
Causes set-Ward VS.. Green ct al, for
March %, from San Saba; Swayne ct al.
VS., Chase, for March %, from Tarrant;
Gamble VS.. Butcher ct al, for April l,
from Taylor.
Rehearing overruled-Lamb VS.. James
ct al, from Wichita; Austin Real Estate
and Abstract Company vs.. Bahn, from
Travis
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28
NEGROES IN REVOLT.

Washington, March 21.--Advices re-
eeived here confirm the reports that the
negroes in Cuba are rising in revolt and
are seeking to turn the revolution into a
racial one. 1t is denied, however, that
the negro forces have defeated the COY
eminent forces with loss OF 200. IL is
said this report is inspired by the reyolu-
tionists in an effort to draw money from
the government.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28
POSSIBLE CHANGE OF POSITION

POSSIBLE CHANGE OF POSITION.
The politicians naturally discuss the
matter from the standpoint of its proba-
BILE effec ton the tariff question. Will the
South under this influence become the
stronghold of protection? Will not it be
to her interest to revise her whole view
of that question and in future champion
a policy which, it is claimed, has operated
TO the enrichment of the North, and which,
its advocates assert, has so much in store
for her? Southern leaders who for two
decades have been fighting The battles Of
q revenue tariff and still insist that no
other policy should be pursued are frank
ly confessing that protection is gaining
strength in the South and that the inaugu-
ration of q manufacturing boom down
there will be likely, for time, at least,
to revOlutionize local economic sentiment.
The times generally are changing. Young
men, educated in the North or in Europe,
are coming to the front. They are not,
as their fathers were, the product OF n
supremacy of planting interests. They
are ready for diversified investments and
everything that benefcially goes with
them. They are appearing Mt the prl-
maries and will shortly be in Office, and
| if they Join hands, as Is thought to be
probable, with the newly arrived capital
| lists from New England for local political
control and for giving the South a new
voice in national affairs, they are certain
to become potent factors in the fight,
But, meanwhile, turning the question
around. how will the change be likely to
affect sentiment in New England? VIII
the loss, or even the Impairment of her
manufacturing supremacy make her the
less ardent in support of the American
policy? Will she be more than eyer the
advocate Of free raw material, with the
Itus,,fruct of protection all going into the
pockets Of the south? viii the Aldrichs
of the future in the senate be cianoring
| for a free hand In commerce, and the Minis
of the future be lifting up their voices
for the protection Of home and the build
ing of country? Is General Hancock, as
a presidential candidate, on the eve OF
vindication? Is the tariff truly a local
lquestion2 lHlm. 4l.l Z
That President Cleveland in his annual
message next winter will again bring up
the subject Of free raw materials is re-
Ioarded 'as certain. He feels that. the
IDemocracy is committed to the princi-
pie, and in that way he will preserve the
record. The Republicans Of the house
win improve the occasion to redeclare
Themselves. and this will afford ppportun-
) ity for n discussion at least of the latest
lphases Of the whole tariff, question. And
I'm that discussion the south win be heard
lin her own behalf. The revolution OF last
fall made notable changes in her repre-
sentation in congress, and West Virginia
alone, with coal mines as numerous as
ground hog tales in Illinois, will speak
through the mouths of four Republicans,
all opposed to free raw materials and to
the whole economic policy of the national
Democracy. A very pretty .hght,. IN
deed, with some signal changes OF posltion,
seems to be in prospect.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28
OPINIONS CONFLICT.

San Francisco, March 21.-The United
States grand jury and the United States
district attorney are in conflict regard
ing the question of indicting Q. z. Hunt
ington, president Of the Central Pacific,
for issuing an interstate pass. District
Attorney Foite says there is no law under
which he can be convicted. 1t seems prob
able, however, that the grand jury will
insist upon indicting the railway presi-
dent
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28
FIFTY-THIRD DISTRICT COURT.

For the April term the docket has been
set as follows: I'll,
he called Monday, April l. 1895, and con-
tinue two ~ weeks.
Second-The civil jury docket will be
called Monday, April 10, 1895, and con-
tinue two ~ weeks en-
Third-The criminal docket will be
called Monday, April 20, 1895, and con-
tinue two ~ weeks -,
Fourth-The civil non-jury docket will
be resumed Monday, May IL, 1893, and
continue for the remainder OF the term.
FifthNMotions and questions Of law
will be heard on Saturdays.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28
TERRIBLE swEDE" THUNlPED.

Kansas City, March 21.-"Paddy" Pur-
tell made a chopping block out of Johnson,
the "Terrible Swede" before the Galena
Athletic club in Galena, Kan, last night,
putting him to sleep in the twenty-second
round after corking jabs with the left on
the mouth, followed by swinging right
in the face. Johnson was terribly punish
ed, his body looked like a piece of raw
liver. 1t was fully 10 minutes before
he regained consciousness. Johnson was
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28
LIMITED STATES COURT.

In the United States court yesterday,
Judge Maxey presiding, the jury in the
case of w. A. Blackburn against the
Eddy Bisse!l Cattle Company, breach OF
contract, gave the plaintiff $1,000, the
amount sued for, and $3.50 damages.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28

IT'S impossible to list the alum and
injurious baking pawders, springing up
everywhere like poisonous mushrooms.
Insist upon the purest and best of cream
tartar brands, DR.. Prices.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28

Get the opinion Of your brightest
friend. Well wager she uses DR.. Prices
Cream Baking Powder. Purest, best,
most economical.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28

Housewives differ as to the relative
virtues of yellow and white corn meal.
Either makes delicious gems when COM
bined with DR.. Prices Cream Baking
Powder
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28

he was subrogated to the rights Of Al
lison, Bailey & Co. in the policy. But
the payment did not discharge the pol
icy. (Sheld on SEGREGATION, section 235.l
The court of civil appeals recognized
this fact, but held that inasmuch as Al
lison was the only party benefcially in
terested in the policy he alone was en-
titled to sue on it.
The right to the proceeds of the policy
as between Allison and Allison, Bailey
Il Co., is not in issue in this case. 1t is
a general rule applicable to all written
contracts that he who has the legal title
may maintain an action Notwithstanding
the fact that another may have the equi-
table right to the proceeds of it when col
lected. Il Texas, 81; 2 Texas, 397; 6
Texas, 1853; 26 Texas, GA; rs Texas,
254.) This rule is applicable to policies
of insurance. 90 Texas, 633; Cheeves
vs.. Anders, decided at present term)
In this case the insurance company
contracted with Allison to pay the money
in case of loss to Allison, Bailey & Co.
1t has not paid it to anyone, and while
Allison might intervene and claim the
proceeds, yet it does not concern the de-
PENDANTS what disposition is made of the
proceeds. The court of civil appeals
erred therefore in reversing the judg-
ment of the district court. The judg-
ment of the court of civil appeals is re-
versed and that of the district court is
affirmed. Opinion by Brown, j.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28
THE SOUTH TO WIN
In Gaining Factories from the Frozen
and Non-Productive North.


Washington, March 21.-The visit of a
joint committee of the Massachusetts
legislature to Atlanta to investigate the
advantages to be derived from the man.
ufacture of cotton goods in the south is
of as much Importance in political as in
business circles, and, not unlikely, it is
thought, points to development which
may, very greatly affect the economic
ideas of both sections of the country. This
is certain to be the case if the result of
the investigation adds impetus to the
movement already began for the transfer
of large portion of tn epresent manufac-
turing interests of New England to the
southern states.
The prime question relates to raw mate
rails. New England has neither coal,
iron ore, nor cotton. She has for years
been paying heavy profits two ways, first
on the raw materials from the distant
mines or plantations and then on the fin
ished products back to the distant mar
kets. But she has been able to do this,
and at the same time thrive, by reason of
the protection enjoyed in supplying the
home market with her manufactured
goods. That protection is now decreasing,
and in many of the centers of New Eng
land thrift the necessity of an early
change of business conditions, if prosperi-
y" 40 W e''' 10 op'ni' No"ie''su'
ADVANTAGES OF THE SOUTH.
Shall the manufacturing plants be
transferred to the South? Many things
in that quarter are inviting. Raw ma
terals exist in the greatest abundance.
Coal, iron ore, cotton are everywhere.
In the matter of freight alone the great
est savings could be made. With the
mines and the plantations on one side
of the road and the cotton and the iron
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28
TREASURY STATEMENT.

Washington, March 21.-Treasury
statement: Available cash balance, $780,
237, 794: gold reserve, 800, 1851 300.
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28

of the company to pay at any time and
hence there was no consideration to sup
port the promise to extend. The motion
for rehearing is overruled.
Opinion by Brown, ].
The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-03-28

The United States of America VS..
Schwalby ct al, and Spence VS.. Stanley
ct al. Application for writs of error in Il
suit of trespass to try title, from BeXar
county, Fourth district. This case was
before the court at former term and is
reported in So Tex, 34S 1t was then
affirmed. but Stanley and others, having
sued out writ of error, our judgment
was reversed and the cause remanded
by the supreme court of the United
States.
Upon the second trial Mrs. Schwalby
recovered a judgment for an undivided
, one-third interest in the lot and for rents,
subject, however, to the claim of the
United States for improvements alleged
to have been made in good faith. The
intervenor, Joseph Spence. who set up
title to an undivided One-third interest in
the lot was adjudged to take nothing by
his Intervention. This last judgment was
affirmed by the court of civil appeals as to
Spence, but in so far as it allowed COM
pensation to the United States for i'm
| provements it was reversed and rendered
in favor Of Mrs. Schwalby.
| The United States and Spence each ap-
ply to this court for writ of error.
We will first dispose of the application
of the United States.
I 1. The proposition that Stanley and
his co-defendants, although officers of
| the United States and in possession of
| the lot under and by virtue of the author
ity of the United States, could not be
sued for the property and the rents, is
no longer open to construction. The gov
ernor of Texas ceded to the United States
jurisdiction over the property. But
Neither the state nor the United States
had authority to take plaintiffs prop
erty without making compensation there
for, and without due process OF law
Besides, the cession only fixed the polltl,
cal status of the coded territory. 1t did
not effect the title to the land.
2. We concede that the United States
cannot be sued without their consent
They have not been sued at all, and
no Judgment has been rendered against
them, except for costs, OF which nc
specific complaint is here made,
3. But did the court OF civil appears
err in finding that the United States were
not innocent purchasers without nouce
and denying them pay for their improve
ments "because the court had no Juris
diction or authority to determine. the
rights of the United States of America II
the premisesW c.,
The United States were not bona td(
purchasers. Although a purchaser ma!
be induced by the advice of counsel Z
believe that he is acquiring good ttle
, if, from the conveyances brought TO MI
notice, it appears that he acquired NJ
: title, this belief, however honest, VII
not protect him. But the rule is dlteren
with one who claims compensation 10
his improvements under our statute. Int
: latter may maintain his claims by snow
Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-12-12
nIsouss wALLEn CASE.
stated Tint Reports OF The Trial
Had DrcD Gnrblrd.

Washington, Dec. " The Kansas
congressional delegation today held n
meeting to discuss the Waller case, Mt
which Paul Bray read tho ref orts OF
trial. Bray said the stcnoEraphcr was
wrong. Bray says that " this govern
ment Ia ever successful In securing the
report OF tho trial which has been
naked for. his own testimony will be
found not signed aA he refused to
sign II, tho report being garbled, Bray
speaks French nuently and debates
that the official Interpreter Mt tho trial
wilfully mialnterprctod partp OF his tcs-
timony.
1t was decided by the Kansas dele
cation 60 secure for Ufny q position
under the government, as tho Waller
family IN without means OF support.
There seems TO be no possibility now
that the committed OF the house will
be announced this week, md II may
adjourn tomorrow until Monday. II IL
given out today that the committees
Will not be announced until the latter
part OF the week Just before the Christ
mas holiday recess.
The Popuiist senators hold fnni
caucus today and decided 10 put n fun
ticket In the field for the senate offices.
for whom they viii vote once, aud then
allow the Republicans TO proceed with
the organization Of the senate. They
VIII nominate Senator Kyle for prosi-
dent pro tenn.
senator George pem.. Mich) today
introduced bill to establish a uni
form system OF bankruptcy. The bill IN
Mr.. George from the committee on ,u-
dietary at the last session M n suhati.
tute for the Bailey bill which passed
tina house.