davidaulloa/AmericanStories huggingface dataset:
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
KILLED BY DYNAMITE,

Birmingham. Ala, January si. n u
OF dynamite exploded prematu's.,n'r IN, IA
No. . NJ the Henry Ellen ceal I'm oh,s u
at noon and Evan Morgan o. ,lnr
Charles Beard of Alabama We, ,,,,isis
Instantly killed. heins BABY .n.sud 4
rhe accident occurred a thous
underground.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01

FAYETTE WILLIAMSON. from Hunt
1.-TWO cases.; conviction for violating the
local option law-Revcrsed
The proof Is not sufficient 10 sustain
the Judgment.
opinion by Henderson, ].
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01

byterian synod of Texas propos !, /
such thing, and, OF course IN }
will be after 1t.
The Ruby La Fayette COMPANY ~,
have presented Fogg's Ferry las, M
but 1t rained and it ralned and i Y
most too foggy, hut they preSsx
well tonight to large audience.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
PRISONER ATTEMPTS SUICIDE

Mckinney, Texas. January ,,s,
Jackson. a negro confined ID wv "a,
jail here, attempted suieiae ~ ID
hanging. He was discovered ps W.
and rescued with difficulty.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
osAGE INDIANS PETITION

South McAlester, I. T., Janu sn, ,sryd
Usage Indians have passed pn' .n,nus
their council asking for us
from Oklahoma and 10 be ahhea'
five civilized tribes.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
TAYLOR GETS rwENrY.FIvE YEARS.

Joaquin. Texas, January 3O.-The jury
In the James Taylor case brought IN a
verdict this evening at o'clock. They
found him guilty OF murder In the second
degree and assessed his punishment at
twenty-five years In tho penitentiary.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
GENERAL RAINS.

Rains are reported at the following
places: Hutto, MudoOn. Burnet. Paige,
urapeiand. Belmont, IseaSvllie. San Mar.
cos. Devlne, Livingston. Alice. Seguln,
New Waverly. Giidings, Waelder, Groos.
beck, Bartlett and Gcldthwaite.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
opinion by Davidson. j.
THoRNToN KrARLNY. from u

THORNTON KEARLEY, from Johnson;
conviction for violating local option law
Affirmed.
The only question IS to the suffcency
Of the evidence. When local option had
gone into effect, appellan, had lot of
liquors left IL. his store. The prosecutor
testified that he approached appellant at
his store and told him he wanted some
whisky. Appellant made no reply. \
short 'inc thereafter the prosecutor went
TO the rear OF the store, and there found q
bottle OF whisky. and left 25 cents to pay
for the same. Appellant denies this trans
action ,ntiraly. The parties appear to
have acted on an understanding such as
raised an implied contract of sale. The
evidence is sufficient.
Opinion by Heniers IN. j.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01

u, Il. OLIVER, from Hunt county; con-
Niction of carrying n pistol--Revcrsed
The testimony shows that the pistol
was carried upon premises under the con-
trol OF the appellant.
opinion by Davidson, j.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01

Fort Worth, Texas. January si.-Tteports
received from various places In North
Texas show that Z general rain has pre-
ssiled for this past two or three days over
that section, with the exception OF the
extreme Panhandle. Ltuc or no damage.
however. Is reported ana the greatest ef-
feet is that a line season has been put IN
lle ground at all places.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01

= tNt''fl atiVllS I VT fht reception or Car
dinal Satolli.
Galvsstn, Te~as I.,,,,,,,. n r,,,o .
ing OF Cardinal s,toiii 10 This rt,v a.,
Woshington's birthday February y. will
be accompanied with Il great deal Of in
tcrcst among the Catholic faith Ine
cardinal only recently received from the
popo mo cardinals hat and was prior to
that the apostolic delegate to this coun-
Try.
Father Reade. the rector OF st. Mary's
esiAeorAL Is making extensive prepera-
toilS 70 receive the cafu'nai IN state be-
VDnHns ms p"silon' lie mas sent invita-
IONS 10 aii iie nlShHrs OF the surrounding
uoces'' ASKING 'hen 10 come ana assist In
aoins honor 10 the digm'ary After the
hlsn ponuiicn mass that Will he ceie-
p'Ht'o me morning Or MS arrival recep-
,bcsysi ral ~. o, VIZ 9au"I'''i III -.
,1c,i,t,, -. In ,,., on we
rht,roh on, 80 80 a., So, ~, "s WE
dseIro ~ o,,,a ni ~ Nv
.'' WIN W EVNetNN" ny
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
BOB BuRHAM. from L.amar-Afnrmed.

Appellant was ARRESTED on the charge
OF the theft of cow. tried before an
examining court and required to give bond
In The sum of 500. He was tried on Il
writ Of habeas corpus before the district
judge. who remanded him to the custody
Of the officer in default of bond in the
sum OF 500. Tho theory OF the prosccu-
ton IS that appellant posted the animal
with the view OF obtaining pretext to
sell the COW, and not with the view OF
complying with the law regulating
estriys. If this theory is true beyond a
reasonable doubt, appellant is guilty OF
theft We are not prepared to say thar
the testimony does not present probable
grounds to believe appellant guilty or
theft.
ft,grgo, 10, IJ,r,
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01

p. 7. LOPEZ from Johnson; convicted
for exhibiting gaming table ana bank.
Affirmed
challenge TO tho array of jurors was
made, because not selected by jury-com-
mdssIonus, and was overruled by the
court. No hills Of exception are served
to this ruling. hence 1t will not be CON
sdcred
Opinion by Davidson, j.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01

Ryan. Texas, January 3l..-The heavy
iains continued almost tnccssantly uutll
e'cloek today AID the weather Is SIN
Threatening. TIE Brazos river IS high.
but not over the bottoms yet It Is sun
rising.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01

Heretofore and being then and there pro-
hibited In the subdivision under and by
the laws of said State" This constitutes
the charging part of the information.
motion was made to quash the informa-
ton on the ground that 1t did not charge
any offense against the laws of this State.
While tho act under which local option
Is authorized to be voted upon Is general.
1t Is so voted on In localities and put into
operation by special acts Of legislation in
the particular localities, and such special
acts must be alleged. In this case It was
not done. The Indictment does not In
form us that local option was ever voted
on in the metes and bounds as alleged
nor that the result was ever declared by
the commissioners court nor that publica-
ton was ever made. This should have
been done.
Opinion by Davidson, j.
SEBE SMITH, from Hill; conviction for
the theft of a chicken.-Reversed
on the trial, over objection of appellant,
the State proved by two witnesses that
each OF them. on the night OF the alleged
theft was out watching his chicken roost
because parties had told them to look out
for chicken thieves. The chicken was not
stolen from either OF said Witnesses nor
is any connection shown between SAID
facts and the theft of the chicken in ques-
under any issue IN the case.
opinion by Henderson, j.
]. W. WILLIAMS. from Navarro; con-
viction for falling to give bond as
liquor dealer.--Appeal dismissed
The record does not disclose that appel
liant entered into recognizance, or that he
is in jail pending appeal. This Is a neces-
sary step for jurisdiction in this court.
Opinion by Davidson, j.
G. l.. BRYANT from Bowie; conviction
for murder in the first degree life SEN
tenCe.---A firmed.
The statement of facts does not appear
to have been hled hence 1t can not be
considered. In the absence of the state
ment Of facts we can not pass upon the
action of the court In refusing TO continue
or postpone the case nor can we consider
| the supposed errors in the charge. IL APP
pears from the bill OF exception that after
deceased was shot an operation was per-
formed upon him. Before the operation
he made statement as TO the dithculty,
which was introduced "a his dying ucclar-
alton. The objection was that deceased
was not conscious of approaching death;
that there was a lingering hope OF re-
eovery with him. This Is assigned as
error We hold that Il bill Of exception,
in the absence Of the statement Of fact,
must show upon It's face that 1t contains
all the evidence introduced on the trial In
regard to the matter complained OF; that
while this written statement may not
have been admissible the deceased may
have. when conscious of approaching
death. referred to and approved It as
| correct statement The court promptly
| instructed the jury not TO regard the i'm
proper remarks of the States counsel.
| opinion 10y Hurt, p. ].
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
HIGHEST CRIMINAL REPORT.
Synopses OF Decisions Handed Down
at the Last Sitting.
SEVERAL PISTOL TOTlNG CASES STICK
A Number of Convictions for Violating
Local Option Laws Affirmed Bry-
ants Life Sentences Upheld,

Dallas, Texas, January 2s.--Following
are synopses OF decisions rendered by the
cour; OF criminal appeals today:
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
C1trHREar I.EAVERINci- from Fnnnin

conviction for violating local option law
Affirmed
No bills Of exception appear in the roc
ord The evidence amply supports the
conviction. The fact that the beverage
was labeled malt tonic" does not sig
Nifty that the same did not contain alcohol
in sufficient quantities to intoxicate. The
proof shows that such was It's effect.
and the subterfuge OF selling beer under
another name can not avail appellant.
Opinion by Hurt, Il. j.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01

c. X. MYERS. from Fannin: conviction
for an aggravated assault and battery
Affirmed.
There was no error In overruling appel
iants second application fer continuance.
There was no element of self-defanse In
the case, and the court did rot err in fali-
ms 10 give this Issue ir charge to tho
jury.
opinion by Davidson. j.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
Good News to the Pevp'
of the South -.

1t will he welcome news 70 4. ~
way az sSo the head OF the iirm DR., hs y ~
& Co. is personally II ,, charfpS r. 'iipsj
way is without doubt the ieH EN- ,rss.oss]
LIST In the United States IN ss;.s nv ~
Of all delicate and private ~, - reeoss1
llar to mou and women. anl a'sstB tsf24
as nSin for ans'e Of sexual N and
eases eases where other doctors ,hr asSSs
An persons who have any Ia n, y
private nature whatever snsSsree 70 "
to call or write in full con ns,yau ri
skillful specialist. CoHsu!'a
office or by mail. .,., A I, TIN
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01

BILL Balm, from Johnson; conviction for
violating the local option law-Affirmed.
There was no error In overrulinS the
motion for a continuance because dill
gcnce was not sufficient. The evidence Is
sufficient.
Opinion by Henderson. ].
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
ALBERT rPps from Ellis. conviction %

ALBERT EPPs, from Ellis; conviction for
horse theft--Afhrmed.
The record contains no bill of exception
or statement of facts. The presumption
obtains that the Judgment is warrantca
hy the testimony.
Opinion by Davidson. ].
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
JOHN McNEAL. from Ellis. oo,,,,t..,-.

Tor playing cards.--Afhrmed.
There are no bills Of exception IN the
record. The appellant filed plea Of form.
81 convection The state moved TO strife
out the same on the ground ma ~, q.
dictment in the former convlctlon did NO.,
charge any offense. because a. f,Iiod =,
aliege with whom said game was ulave5
Ihe court sustained the motion To strit,,
out No hill was reserved TO this oc,inv
OF the court. II, however, one had hesr
reserved the action OF the court wag
opinion by Hurt. p.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01

SAM B.AIR. from johnson. conviction
for Violating the local option laval
frmed.
There was no error IN oyerruIlng the
application for continuance. II dlsclosss
no diligence, and considering the matter
from the standpoint OF the motion for a
new tria-, We do not hollc,e the testimony
is probably true, In view OF the record
Appellant testified that he had seen tho
stranger from whom no cllims to have
purchased the liquor in Alvarado twice
after his arrest: that no knew the officers
OF Alvando and of tho county. and he
mover tod about this man being IN Al
Varado until he took tho witness stand on
his own behalf because he saws he
thought It was 1onc Of his business. N
view of he testimony Of the deiendin
the fact, expected to he proved by the
witness zee not probably true.
opinionhy Hurt Il. j.
T. T.. WHIPPLE. from Eilis; conviction
for carrying II pisiol-Appeal dismissed
The record does not show that notice OF
appeal WIS given and entered OF record
in the ,ril court. This IS a prerequisite
Of appeal o this court.
Opinion W Davidson. J.
w. 7. MALLoY. from Dallas: oonvIetion
for exhibiting games--Atiirmed.
Plea 10 no iurlsdicticn was urged he
cause the transfer mlsnamed the sccused.
and recitct the offensc Ia M gaming. An
amended tansfer was fled, properly nam.
ing the accused, but dd not name the OF.
fense, A scond plea 20 the jurisdiction
was then lrgci because OF this omission
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
Opinion by Hurt, p. ].
BILL STEWART -. -.

- " T !" " NI' Y Ifom N0IUn; CONVICTION
Tor VIOLATING the local option law.-Ro.
versed and dismissed.
The information charges that the mn.
pellant 'on the 7th OF October lSs az
within the following subdivision Of Colin
county giving description by metes ana
BOUNDS Of certain portion of Collin
county, did then and there unlawfpllv asii
10 Snafiey Wrenn intoxicating liquors
tue sale OF intoxicating liquors havina
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
Opinion by Davidson. j.
IrDGE BONNER. from Ellis

JUDGE BONNER. from Ellis. conviction
for horse thef,-Aftrmed.
Exceptions were not reserved TO admia-
sion Of evidence. hence these alleged errors
can not be revised Tho COURTS charge
tpon accompice's testimony was full ana
correct. The evidence is sufficient
opinion by Davidson, j.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
JOW BOWERS ct al

JOW BOWERS ct al. from Cook, convlc-
ton for aggravated assault-Appeal dis
missed.
Appellants were tried Jointly In taking
appeal they executed a joint recognllance
tbs IS not In accordance with the statute
on this subject.
Opinion by Hurt. 7. I.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01

to name the offense. II was proper to
amend the certificate Of transfer. ana II
If unnecessary 10 name the accused on
the minutes OF the district court In noting
the preseniment of the indictment In that
court, and It Is not required to make an
entry on said district court minutes Of the
offense charged.
Opinion by Hurt. p. ].
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
JOHN BArTrsu ~, r,,,,

JOHN BArTlSH, from Ellis: conviction
Affirmed.
NO hill OF exception appears IN the rec.
ora. Ihe Indictment Is in proper form
liberal as appellant could ask w. "a
dence Is sufficient. Wv
Opinion by Henderson. J.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
cuARLEs WILLIAMS, from Johnso

Conviction for permitting cards TO be
played upon premises under his control,
then and there being appurtenances
to public place, towit.. house for re-
failing splrituous liquors. Affirmed.
Ii is contended that the omission Of the
letter "o' from the word public rem
ders the Indictment vicious. We do not
think so. Omit the words "a publ place,
towit.," and the Indictment IS sufficient.
The statement OF facts can not be con-
s.iered. because not filed during the term,
and no order being entered permitting
them to he filed after adjournment.
Opinion by Davidson, J.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01

CHARLES WILLIAMS. from Johnson
conviction for carrying a pistol-At-
firmed.
The record contains no statement OF
facts. nor bill OF exception. The only err
ror assigned attacks the sufficiency of the
evidence 10 support the Judgment
Opinion by Hurt. =. j.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01

y. G. SMITH, from Dallas; conviction for
receiving stolen prorerty-Appeal dis.
missed
Tho Indictment contained two counts.
ono for theft the other for receiving
stolen property. Tho conviction was under
tho second count The rocognlzanee re.
cites that appellant was charged with the
ofIcnsc u thoft, but nowhere recites that
lie was charged With receiving stolen
property Tho rccogni2ance is defective.
Opinion by Henderson, j.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01

--- TRIPIETT, from Johnson--Reversed
The appellant was convicted In the JUS
tees court Of Playing cards, and prose-
cnted an appeal to the comfy court, IN
which court the appeal from the justices
court was dismissed on motion and APP
pellant appeals to this court. We have
examined the bond given in the justice
couT, ANA think 1t sufficient.
OpLnlon by henderson. j.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01

FRANK CLoDFELTER, from Rockwali;
conviction for playing cards in a public
r,ace-Affirr ed
There are no bills of exception IN the
record. The indictment is sufficient IN
form. and the evidence Is sufficient to
SUPPORT the conviction.
opinion by Hurt, p. ].
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
JUDGE BONNER. from Ellis; conviction

JUDGE BONNER. from Ellis; conviction
for htrse theft-Afflrmed.
The charge on accomplices testimony Is
In the usual form There were no special
charges asked, and no exceptions reserved
10 the charge OF the court. We think the
charge clear. explicit and full. There IS
no merit In the contention that the evil
dence is insufficient to support the YER
dict.
opinion by Davidson, j.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01

81 RRlDLb MUM. from Navarro: con-
Niciion for carrying n pistol--Afhrmed
The charge of the court fully submitted
an the issues. II appellant accompanied
the deputy marshal outside of the cor
porate limits, at the deputy's request. this
request conferred upon him no right to
carry "a pistol.
Opinion by Henderson. ].
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
opinion by Hurt, p. j.

TORE SHAW from Johnson; conviction
for betting at dice-Rcversed.
The facts show that appellant was a
dealer. He could not therefore be con-
victed for betting at his own game.
Opinion by Davidson. j.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-01
SAM wARruIsKY, from Ellis. oonv,

oNM W NftI 7 I40NN, rom ETlis. convic-
ton for playing cards-Afirmed
The first count in the Indictment charged
appellant with playing cards In gaming
house; the second charged him with play
ing cards ON Sunday in the city limits
Of Ennis. The only bill of exception is
10 the action of the court in overrullng
the objection of the defendant TO the
Introduction Of testimony, that on the
day after the alleged offense witness saw
a game N cards played In the house. This
testimony was admissible under the count
for playing on Sunday and to show the
character of the house. The evidence is
sufficient
Opinion by Henderson, +.
The record-union., 1896-11-18

THE WEEKLY UNION-THE BEST
weekly ON the coast.
The record-union., 1896-11-18
TRUSTEES SALE.

WHEREAS, +. w. BUCKLEY OF THE
county of Monterey, State of California.
made certain deed OF trust to FRED Nj.
WEST and w. w. WESTBAY, dated Oc-
1895. in Book A, vol. "a OF Deeds of Trust,
page III and following, Records of San
Joaquin County, State of California, and
recorded November Is. 1879. in Book 152
Records of Sacramento County, State of
California said deed conveying the real
property hereinafter described for the pur-
pose of securing the payment, of a proms-
sorry note of the date of said deed of trust
and whereas, default has been made in the
payment of the fntherest due on said
promisSory note.
vested in Fred NJ West and w. ". West.
bay. trustees, by the said deed of trust
and upon application OF the holder of said
on SATURDAY, December 3, 1896, at
thirty minutes past twelve Q2) o'clock. in
the afternoon, at the Main-street entrance
Stockton. County of San Joaquin. STATE of
California. sell at public auction TO the
highest bidder, for cash in gold coin Of the
Government of the United states of Amer
lea, ali of the real property described in
said deed of trust to wit: The pieces or.
parcels of land situated in the counties Of
Sacramento and San Joaquin, State of Cal
ifornia and described as follows IN Wit /.
The east one-fourth % of section ten
d0). the west one-half Ga) of section
eleven 11), the southwest quarter IS w
- and the west han w Of - sect,d Of the north
all in township five (5l north, range eight
(s) east of Mount Diablo base and merid
ian, containing 72o acres, and known as
the Atkinson ranch.
Together with the improvements and
appurtenances thereto belonging.
Stockton. Cal, November 2, 1896.
FRED. NJ. WEST, Trustee
w W. WESTBAY, Trustee
nf-fd
The record-union., 1896-11-18
Real Estate in Sacramento.

who called SAC
RAMENTO AS
1t is situated a
cannot xceed Valley othi
suburban obtainabe
Here the best schools
PEOPLE
"RECORDUNION" their money safely
We these that BETTER than come
Sacramento with their 1t you
information free OF charge who property
city and country for SALE AS
THOROUGHLY RELIABLE and ABOVE SUSPICION OF
CROOkEONASA MANAGERS
The record-union., 1896-11-18
California Fruit Sales.
SAN FRANCISCO STOCK MARKET.
San Francisco. Nov.

San Francisco, Nov 18th.
Morning Session-B & B, S9c; Chollar,
81 70; G Y, 81 50; C Point, 32c; G & G.
60c; Mexican, sec; Ophir. 81 30; Savage,
Coo; yellow Jacket, SSc
Afternoon Session-Mexican, 5sc. G & c,
60c; c C V, 81 20; Chollar. 81 20: Yellow
Jacket, SEC; Belcher, 5oc: Seq Beicher. &c
Overman, &C; Alta, DC. Occidental, 24c;
Andes. lSc: Bodie. 56c: Utah. &C.
Closing Quotations-Alta, 9c; Alpha, Sc;
Andes. &c; Belcher, 4oc; b & B. SOC; Bodie,
SOC; Bullion, lie; Challenge SIC: Chollar,
81 70; Confidence, 81 o5: c V. 81 10. c
Point. SIC; G & c, Gle; Fl & n, 81 Is; JUS
tice, &c; Kentuck, &c; Mexican 59c: Occi-
dental, 24c; ophir. 81 %; overman. &c;
Potosi, T3c; Savage, Coo: S Nevada, 5Sc:
Union, iSc; Utah, Sc; Yellow Jacket, 40c.
The record-union., 1896-11-18
Senator Voorhees, Improving.

TERRE HAUTE Qnd.), Nov. 16.-
Contrary to sensational reports about
Senator Voorhees, condition, he is in
better health than any time since his
arrival here some weeks ago. His
physicians say he is in no serious dan
ger. The chief cause of his trouble was
nervous prostration. He positively de-
MED that there is any indication Of
brain disease Of any description.