davidaulloa/AmericanStories huggingface dataset:
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30
VOLUNTEER GUARD NssocINTIoN,


Houston Volunteer Guard association,
composed of all the white commissioned
officers Of Houston, being thirty in uumhor
and two delegates from each Of the white
military ORGANIZATIONS, the delegates hciHg
one non commissioned officer an one pri-
waite, have elected officers AS follows Col
J. r. Natias. PRESIDENT Capt. Frank y
Reichardt, vice president, Lieut. Col I.
Hadley Franklin. secretary and treasurer;
executive oomrdttoc. Captains G. Towlc'.
H. b. Rirc James Llwlor LientenantS
HutChins. Rolf Dovncy, Torrey Eagan
and Cannon. Delegates representing or
gani1atinns Houston Light Guard by
Sergt Roht Ruuus. Private VIM W. Thorn
as Houston LIGHT Artillery by Sergt l..
Is. Schultz, Private Sam skies; Rutherford
Rangers by Sergt J. \ Hail, Private pa
Wis, Emmett Rifles hy Sergt. Jno' Daley.
Private II Panscy Committee TO report
plan for celcbraio OF san Jaclnto Day
composed OF COL Franklin. Cant Towlcs,
Lieuts. Hutchins and E,agans. Next meet
Ing second Tuesday in November.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30
GETS A LEGACY

Dallas, Texas. October 29.--P. ]. Me
nari, formerly of Dallas, but recently do
ing reportorial work on the San Francisco
Chronicle, is in the city ou route to Gal
weston to look after a legacy left him by
the will Of the late Mrs Mary Valley LIE
Clair. Mr.. Menard and his brother. j. A.
Mcnard connected with the Houston and
Texas Central railway at Ennis. are each
lett Galveston wharf stock OF the face
value San00
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30
BUGGY THIEVES ARAi .

Fort Worth. Texas, oc'oeu \,
Scott. assistant chief of p0l ,'.. d
his buggy that was stoleh s.si,l )
and has placed two men o Dss's X 4
is alleged, had sold IL To- "'ror,s
case of the same sort IS ,ePts M
horse and buggy hltchea u, oIls
hotel being driven OH , 1~s.s W
horse and part OF the haI ,,s. ~
ON the road some seven llii MAX 2
the city and the buggy O'''
near a bridge.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30
BOY ACCIDENTALLY KILLED.

Paris, Texas, October 29-Walter Price.
boy S years old. living five miles east
Of the city, fell from his horse upon
stake last night and received injuries from
which he died today.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30
KILLED BY LIGHTNING.

Terrell. Texas. October CA man
named George Crutchcr was killed by
lightning near the city yesterday evening
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30
CIT HIS THROAT

Temple, Texas oc'oD'' ,,a,
mann. a well known mei' ,l,,s
near the Falls county ,, linS, d
from Temple, in i a,t,srnuo, (
Morgan late yesterday a sl,u, ip.is;
CANS gan throat and killed him hn . ,S
difficulty grew out .. IehuliS; !,
owed Lehman, when iolisrt.
to Morgan's farm to ro hlDsE
came to town ana
morning. ~
TO BE HEALTHY A ssd u
Ise "Garlaud" stoves
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30
HIGHEST COURT OPINIONS.
Opinions Handed Down at the Latest
Sitting Of the Court.
WHARTON BRANCH CASE DECIDED.
The Realtors Appeal Dismissed by the
Court of Last Resort-Other
Important Cases.

Opinions Of Court of Criminal Appeals. |
October IS. 1896.
GEO. BELCHER, from Titus county: con
viciion for murder In the first degree and
punishment fixed at life in the peniten- /
tiary-Affirmed.
The record contained bill; one bill Of OK
ceptions and no statement of the facts |
The defendants motion for 4 new trial was |
On the grounds OF incompetency Of one Of
the Jurors. who, II was alleged had ex
pressed an opinion that the defendant /
ought to be hung. This statement was met |
by tie affidavit OF the Juror to the effect |
that he had made no such statement. and |
the court having both parties before him |
we see no reason in disturbing his ruling
In the absence OF the statement OF facts
we cant determine what effect the testi
mony of his co-defendant would have in
the matter neither can we determine
whether or not the testimony was sutfi
cient. Opinion by Davidson. j.
NJ. MCMILLAN from Frees;one; conviction
FOR horse theft and given five years.
In the absence Of statement Of facts
or bill Of exceptions none Of the errors can
be considered. Davidson. J.
DAVE CARR from Upshur county con
J.
age and given five yeaIs-Affirmef.
r.to,oa,,.s 10, n, ,,,,i,a,tors y.ss m,
well taken. as the Indictment was returned
within one year after the commission OF
the offense. II makes no difference when
the trial was had There was no dill
gepce used 10 procure the testimony Of tho
Aosent witness ION carr, NJ Wnom Dc
PENDANT expected TO prove that Inc girl
was over i years Old az the time Of the
alleged rapo There was no error IN re-
ceiFinE and entering the verdict DAVID
H'"' D.
RAs HARDY. from, Navarro county. con
vic'ion for assault 20 murder and given
This is a communion case 70 Lee rbomp.
80 -, 49, ,rA
s'N % '''f''
was no error with reference 20 defend
ants first bill Of exceptions because the
r.i,rsss ,it NOT s,s,,sr the op,s,io, ,bare.
,o,e co,,,9 in a. ba,r, ~. gu. ,,s..3
,hc ,o,,o,,i,r Isnpwsge q, bia rA,r,e.
sIr,,.o,, c,i,,,,as az ~ ,i, -, ,.ro,,,,s
destb or serio,,s ,o,J,lv tr,,,rv fro,, inc
manner H. ubi,b a. 10 ,,s,s ,r1 ,,tfh
malice afore'nouPht did assault then he
would he guilty " an assault with intent
~. ,.,,, I'm" ,',' 49,, ~. ~
go, s,,, ,-.,..,c,, 4, .tstr.,|, nj,
-
~ po-.. rr-,,rrr t-rsrp ,,o,, r-uis
c,,,r,, '''''H
defendant IS not entitled to a reduction OF
bail. Davidson. l.
wA RAMSAY. from Bowie county con
fCr o. z n n
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30
Opinion by Henderson. ].

G. W. WHITEHEAD. from Sabine county;
convicted for an aggravated assault and
fined S25--Affrmed
There was no error in the charge o, the
court with reference TO defendants right
to the possession Of the child about which
this trouble occurred. There was no evidence
calling for charge on the right to commit
the assault IL necessary for the purpose OF
regalning possession Of said child as the
proof showed that the child was not in
possession Of the party assaulted. The evi-
dence is sufficient
Opinion by Henderson. ].
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30

MRS SARAH Lucas EFT AL. from Shelby
county. Mrs Sarah Lucas and WIN Tay
Tor were convicted Of a Inisdemeanor and
appeal Remandcd.
The Indictment should have alleged own
ership Of the enclosure In which the hogs
were alleged TO have been killed and
MANNED to be in n. G. Lucas the husband
Of defendant. Sarah Lucas. For such error
the judgment Is reversed and the cause re-
handed
Opinion b. Henderson. ].
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30

NJ. MCMILLAN. from Freestone; conviction
FOR horse theft and given five years
In the absence Of Z statement Of facts
or bill Of exceptions none Of the errors can
be considered. Davidson. J.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30

W. II, sANTEE. from Grayson county;
convicted Of fraudulently receiving stolen
goods knowing them to be so acquired,
and given TWO years in the pcni,entiary--
Reversed and remsnded.
The admission OF parol evidence to prove
the contents OF a book OF account without
objection by either party can not be no.
ticed by this court Evidence that defend
ant kept record OF the mans name from
whom he purchased goods may he admit
ted and In case he failed to produce such It
becomes a subject for comment by SIC
prosecution. The courts charge that You
are further instructed that evidence has
been admitted before you tending TO show
that about the time defendant is charged
TO have received and concealed the prop
erty charged In the Indictment he re-
ceiyed property belonging to another per-
son than u. *. Lane; that was stolen you
can consider said testimony In determining
what knowledge defendant had with re-
gard TO the property described in the in
dictment at the time he received or con-
eealed the same. II he did receive or con-
ccal 1t. and for no other purpose etc, was
objectionable as upon the weight OF the
evidence. For such error in the charge the
judgment is reversed and the cause re-
| mapded
Opinion by Henderson. ].
Austin Texas, OCTOBER I9.-froceeuinss
of the supreme court today;
Writs of error granted-Lockridge vs
McCompon. from Gonzales; Daniels ct n
Va. Mason, from Tarrant
Writs OF error refused-Jones VS.. Floar-
noy ct al. from Bell. Western Union Tel
egraph company w. Hargrove, from Tar
rant: Half & Bros VS.. OConuor from
| Bear,
Dismissed for want OF jurisdiction Met
ropolitan Trust company VS.. Farmers anC
| Merchants National bank. from McLennan
Mcbride W.. Fidelity and Casualty com
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30

ion by Justice Williams. A1~
BIG I,ANn car
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30

HERRING. from Henderson county; con-
yicted for malicious mischief dismissed.
Because there is no Judgment In the
record the appeal must be dismissed.
Opinion by Henderson. ].
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30
JOE RENJAMlN CUMMINs. fror

JOE BENJAMIN CUMMINS. from Camp
county. appellant was convicted of IA
misdemeauor Of knowingly cuticing and
decoyinE one John Westmoreland frori
the custody Of his parent. Minerva New
some Reversed and rcmandcd
The statute in order To constitute an
oIense OF this character requires that the
minor be knowingly decoycd or cnticcd
from his parent The proof shows no en-
ticemcn, at all much less a knowing on
uccmcnt The bare fact that party hires
a minor with knowledge that that minor
has parent living is not sufficient to con-
stituie this oifense. This was all there was
IN this case
Opinion by Henderson. J.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30

JAKE WALKER from Gonzales county
appellan, convicted Of theft of one COW.
was given two years and appeals-Re-
versed and remandcd.
The witness, Felix Parker. was an accom-
plice and the court was hound 10 charge
upon accomplice's testimony. which 1t
failed aud refused to do. though special
charge upon the point was submitted by
defendant For this error the judgment is
reverted and the cause remanded.
Opinion by Henderson J.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30

DAVE CARR, from Upshur county; CON
yiciion for rape on girl under II years of
age and given five years-Affirmet.
Defendants plea OF limitations was not
well taken, as the indictment was returned
within one year after the commission Of
the offense. II makes no difference when
the trial was had. There was no dill
gepce used 10 procure the testimony Of the
absent witness Tom Carr. by whom do
PENDANT expected TO prove that Inc giri
was over !. years oa a. the timu ot the
alleged rapo There was no error IN re-
ceiying ard entering the verdict. David
son. J.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30

The court properly charged the Jury with
reference TO the testimony Of Albert and
Robert Rice There was no diligence shown
by defendant with reference to the evil
dencc of Mrs. Emily Stonus as is disclosed
By his affidavit. The testimony If the Wit
ness Hook is clearly hearsay AMI could not
avail defendant. The testimony was suffi-
cient to sustain the conviction.
Opinion by Henderson. j.
HENRY TAYLOR VS.. CITY OF HEMP
STEAD. from Waller county: relator was
arrested on a charge of failing TO work
the streets and sued out this writ OF
haheas corpus before the county court,
and was remanded to custody and ap-
peals--Afiirmed
Article 40 civil code gives cities and
towns exclusive control OF streets and au-
thorizes them TO cause all able bodied men
above the age of is years to work on the
streets and alleys in suci cities and towns
The law OF 1895 reads: Section l. That no
person in this State under the age of Il
years or over IS years shall be required
to work upon roads and streets and so on
the relstor contends that this law of 1895
repealed article ii9 entirely, which we do
not believe. 1t merely repeats that part OF
the statute In question with reference to
age and instead ri IS increased the age 10
y before he could be required to work the
streets.
Opinion by Henderson, ].
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30

BILL JOHNSON. from Gonzales county /,
convicted Of theft Of money over the
value ~ $50 and sentenced 10 two years
In the pcnitcntiary. from which he APP
peals-ReVorsed and remandea.
The only question in the case is as to
the sufliciency OF the evidence. 1t is not
runIcient TO establish guilt OF the defendant
beyond reasonable doubt excluding
every reasonable hypothesis consistent
with his innocence. Hence the Judgment is
reversed and The cause romaudef
Opinion by Henderson, j
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30

jim EDWARDS, from Re! River couny
conviction for burglary and given three
years
The Indictment is in the ordinary form
charging a breaking and entry at night by
force and fraud. The evidence showed an
entry at night into a public storehouso
while IT was onen 10 the public for the
purpose Of concealing himself thereln and
committing the crime Of theft. and did con-
ccal himself until the store was closed and
then took from said store goods Of some
value and broke out Hol@ such entry
and breaking out afterwards was not bur
glary, Reversed and remsnded. David
son. j
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30

WH RAMSAY from Bowie county; con
yic,ion for selling intoxicating liquors in
local option precinot.-Dismisscd
The rocoTnzance fals to state the Of
fenseof which defendant was convicted ard
the appeal is dismissed Davidson j.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30

TX Pa-te ErNICE KIsER from Ellis
county.
defendant as not entitled to reduction OF
bail. Davidson, !.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30

GUS STONUs, from Waller county; con-
viction for theft OF cattle and given two
years In the nitentiary-Ahirmed,
Held that the State Is permitted to
attack its own witness when such witness
has stated some fact injurious to its cause
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-10-30
hiNENEAL.

GERRIG- URBANOOSKY 49, Fayetteville.
Texas, October 2s.--Married yesterday at
the Catholic church. Frank Gerrig and
Hermanis urbanoosky, Father Chromcik
officiating
The sun., 1896-09-23
SHor BY MS PARTNER.
One of KIeln's Five Baliets Hit Grise. In
the Wrist.

A partnership quarrel which has been going
on tor months between Nayler Grisez. Henry
Gpinard. and John Il. Klein. composlnr he firm
~ r.i... - r. .i..,.,. =. o., -.
=, ", y. "fH'eH -" w. eao'ue'Hiahers at -io East
Thirty-soventh street, eliminated yesterday in
an attempt by Klein TO murder Gri.ez Late in
,ho a,,orroon Eli,, s.,..,o1 h,,,.a,, H. ,,.
'"' "''e' no'N nte.i seefe'eo htise' III uoor-
way near the firms factory and fired five shots
with revolver at Grisez when the latter passed
H., er ~. 80. ~. .,,,I., -, -,
W ." h'' "a' ho'ho. oue ou''el s'r"cA "rseZ'
shnttering his right wrist. and rs result he
NAV be permanently disabled Klein wa. ar
80 49,, ,aoLad 49,, L. ,h. ~, IT., s1,,
fes''u "''t toeAeu w III tho Last ihIrS'ni'h
street police station. After the bullet had
been removed from his wrist at Bellevue Hos
IT,, c.i... ,,h, !. . u...,,... m -. -.
p''"'' '''eA ""o 10 - . ." @ years oiu
was taken to his home at 223 East Thirtysixth
street
cr;.., .,n. % chi. oor,,-x "a, ,...., ,a
o,''e~ ea''o " 'n.s county Yen 'ears hgo' anu
by the latter part OF last May had saved several
thousand dollars Through work which he had
1a,,,. - ,.on,o.LiI, -, CT, -. =, -,
uV"o ou Sne ""N'' o''' ""u oou'u 'aeh's He h"u
about that time, he says. got contracts for cab
inat work from seyeraI s,eam sb, in cnmnapI.s
The sun., 1896-09-23
DIshSTERS IN JAPAN.
Earthquakes and Floods-k,800 Houses
Blown Down-Heayy Loss OF Life.


SAN FRANCISCO. Sept. 22.-Kobo. Japan, was
nearly wiped out by n destructive con1agration
on Aug. 80, and floods. storms, and earthquakes
caused tho loss Of hundreds of lives and the
destruction OF millions OF dollars worth Of
property in northern Japan.
The steamer Doric from the Orient. brought
the news OF another series Of catastrophes that
has befallen the Mikado's realm. In Gifu Pre-
lecture. 4,300 houses were blown down. and
along tho Iaji-Gnwa 400 persons lost their
lives. The severest storms occurred on Aug.
30, along the Isatsu-Gawa. Eighty-four lives
were lost.
At Kobe, after the FIRE had devastated tho
city, forty people were swept to their death by
the flood. In other provinces the loss Of life
reached $500.
The great flood was preceded by a severe
earthquake. Then followed = downpour such
as has never before been experienced on the
island. The European residents were panic
stricken and sought shelter on the highlands.
On Sept. 1, In Rokugo district n terrible series
OF earthquakes shook the country. Nine peo-
Pile were killed there and more than forty at
neighboring places. The hills at Senya cracked,
fires broke out here and there, and water gushed
out in many pluces.
At Obonal eleven persons were killed. A fer
ryboat at Hizuma capsized and twenty japanese
and whites lost their lives.
The sun., 1896-09-23
DEAD BURGLAR JOHN FAY.
Policeman Fay Receives Post Gard
Which Leads TO His Identification.

Which Leads TO His Identification.
The body of the burglar who was shot by
Policeman Becker or Policeman Carey OF the
West Thirtleth street squad early on sunday
was identified ut the Morguc yesterday as that
Of John Fay, whose home was at 1895 Third
avenue. The dead burglar was known an John
O'Brlen.
His Identification as John Fay was brought
about In peculiar manner. While Policeman
Fay of the Harlem Court SQUAD. VINO lives at
l,s23 Third avenue, was at break fast with his
family yesterday the postman brought post
card addressed MIR. Fay. Third avenue, he
tween lOlst and l0ad Streets on which WAS
Iii you want tn claim the body of your son.
go TO the MUrgue and Identity John O'Brien. lie
Is your son. Yours truly, a FRiENp'
Policeman Fay could not understand the card.
knowing that II did not refer To any member Of
his family but he remembered that u man
named Fay, who is a ticket chopper on the ele-
waited railroad station at Ninety-ninth street
and second avenue, lived on the top floor of the
house next door. 1926 Third avenue.
The card WAS sent next door. where IL caused
great excitement. as one OF the sons. John, 10
Years old. had not been Rt home since Saturday.
William Fay, another son, went at once to tho
Morgue and there found the body of his brother,
which he identified at once.
The burglar gave his enntederates false
name to hide mis- identity, takng the name of
his uncle. who lives on the toor below the ono
occupied By the Fays When the identity OF tho
dead burglar was made known 10 the members
of his family they were overwhelmed with
qure the attention OF n physician. The post
card Is supposed TO have been written by tho
burglar WHO escaped whom Fay was shot aud
killed.
The sun., 1896-09-23
GLADSTONE SPEAKS AGAIN.
ENGLAND THOROUGHLY RoUSED
BY TURKISH OUTRAGES.

He Says Neither Russia nor France Wo uId
scrupie TO Act Alone Ir II Pleased Them
to DO so-Neariy a,Ooo Armeaians
Killed In Ani.tic Turkey n Week Ago.
LONDON, Sept 22.-The Chronicle will publish
tomorrow n long letter from Mr.. Gladstone, ad-
dressed to NJ. Maurice Leudet OF the Paris
Figaro. The letter written in response to
an appeal made by NJ. Leudet to Mr.. Gladstone
to arouse the French press In behalf of the Ar
menians.
Mr.. Glads.cne, after expressing his diffidence
In complying with the request, declares his be-
lief that the population Of Great Britain are
more united in sentiment and more thoroughly
reused by the present outrages In Turkey than
they were by the atrocities in Bulgaria in 1876.
Continuing. he says:
The question whether effect can be given to
the national Indignation is now in the ball
ance. and will probably be soon decided. l
have read in some Austrian newspapers an
affected scruple against sole action by any one
state in European crisis, but there are two
hrst-cass powers who will not make that
scruple their own. One OF these Is Russia, who,
in 1878, earned lasting honors by liberating
Bulgaria and helping onward the freedom and
security OF the other Balkan States.
The other power is France, who. in $40. took
up the cause of Egypt and pushed 1t single-
handed to the verge OF q European war. She
wisely forebore to bring about that horrible.
transcendant calamity. but l gravely doubt
whether she was not right and the combined
powers wrong in their policy OF that period"
Mr.. Gladstone proceeds to denounce tho
Great Assassin" and continues:
For more than year he has triumphed over
the diplomacy OF tho six powers They have
been laid prostrate at his feet. There is no
parallel in history to the humiliation they have
The sun., 1896-09-23
JOYE SHOOTS AT DIANA.
A Little. Ordinary Lightning Rod Saves
the Goddess from the bolt.

Little, Ordinary Lightning Rod Saves
the Goddess from the bolt.
A lightning rod reared alongside tho shapely
Diana whose golden figure crowns the tower of
the Madison Square Garden diverted the bolts
OF Jove from that lady in the sharp thunder
storm OF Saturday afternoon. One Of the bolts
made straight for Miss Diana. There was
binding flash, an echoing penl OF thunder. and
glowing ball struck plumb on the rod beneath
the feet of the goddess A report like musket
shot rang through tho lower Offices in the tower.
the lights on the fourth and sixth floors went
out, ana tho elevator car light followed suit.
Assistant Engineer Paul. who was sitting In tho
electrical storage room in the cellar OF the
tower, came dashing up stairs two steps at u
time.
THAT struck the tower. sure" he cried
Charles Davidson. the elevator man. heard
the crash OF thunder Just as he started the car
downward from the sixth floor. He had been
closing the oifice windows on the two upper
floors. There WAS a brilliant streak of light
along the elevator shaft, and the safety fuse of
the car light burned out.
Ten minutes later Paul and Davidson made a
tour OF the building. They found that the
switches OF all the lights on the fourth and
HiK floors had burned out in the cutoff box on
the fourth floor. The fuse in all the globes or
the little lamps on these two floors had been
burned ont, TOO.
Diana WAS unlurt