The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-03-01
Unable to Agree Although Given
Five DAYS Time.
a S2.OOO,OOO FIRST MORTGAGE FILED
Postal TcieEraph Company secures
Ola colony Trust Company IN that (
Amcunt-Mnry Benchley's VIII.


morning OF "Wednesday, February "a. The
foreman reported that Il was impossible
for the jurors to arrive at an agreement
and Judge Gavin thereupon ordered their
dismissal and entered mstrlal.
The case was commenced on the morn
ing of Thursday. February II, and the
| jury, which was not secured until the
wcxt evening. was as follows; ]. j. Barlow,
| IL f.. Ilfrey s.. Kottwitz. e. Heard
John Krohn. w. r. Bremen. f. u. Lock
hart, C. II. Mcshan. q. f. Jones. II. A.
| Merkent J. ]. Murbach and Thomas
| Brammer.
| According to one OF the jurors the Jury
stood nine TO three In favor of acquittal
| up to the last few ballots when one man
changed his opinion. making the figures
eight TO four.
The members of the Jury are loud in
their praises of Deputy Sheriff Parker. in
whose charge they were during their con-
fnement.
| Jack Richardson, a negro. who was
charged with the killing Of Felix Todd.
also colored. at an Emancipation day
celebration at Houston Heights on June
| IN. 1897 was convicted in the criminal dis
| trict court yesterday of murder in the Sec
ond degree and his penalty assessed MT
6ftecn years confinement in the penftcn-
| tiary. j
| Andrew Atkins, the negro charged with
| the murderof Mary Benchley at her home
in the Fifth ward ON the night Of january
but on account of defective Indictment
the case was continued. The defect lay In
| the Incorrect spelling of the name of
Atkins. alleged accomplice. Calvin Tolston.
A nolle PROSE- was entered, but tho grand
jury returned a now Indictment during the
day.
The will of the Benchley woman. with
the killing of whom Atkins is charged, was
filed for probate in the county court yes
terday morning. the application being
made by d. r. Shepherd. The will was
written as the woman lay dying in her bed
aud was signed by her Just before her
death. The estate consists of the house and
lot Mt No. aOa Waverly street and is valued
at 5000.
a suit against the International ana
Gerat Northern Railway company for dam
ages in the sum of $4,000 was filed in the
office Of District Clerk John b. Williams
Yesterday morning by John ] Booth. The
petition alleges that the plaintiff and his
wife were driving down Preston avenue on
September 4, 1897, and that, when they
were about thirty or forty yards distant
from the track. the hagman signaled to
them 10 come on. They drove up. but. when
they reached the hagmau, he waved for
them to 60 back and struck the horses
across the eyes with his flag. At the same
moment a train rushed by, the frightened
horses turned sharply the wagon was up
set aud Booth and his wife thrown TO the
ground. Both, the petition alleges, were
crippled for life.
The Postal Telegraph and Cable COM
pany of Texas filed II first mortgage in
favor of the Old Colony Trust company
OF Boston, Mass. in the Office of County
Clerk ". #. Dupree yesterday The prop
erty named consists OF all the telegraph
and cable lines. real and personal property
"a
about to be constructed, books. machines
franchises, etc, and the mortgage Is given
TO secure 1000 first mortgage 3 per cent gold
bonds of $1,000 each, aggregatiug 81, 900, goo
and due January ], 1873. The instrument
is dated January /. 1898.
Criminal District Court.
The following proceedings were had in
the criminal district court yesterday, Judge
T.. ID. Gavin presiding:
Ferd Love. misdemeanor theft; .ound
gully; penalty assessed at a fine OF s2J
and ten days IN jail.
George Cooper burglary and theft; reset
for March g
coley Gaftord, horse theft; found guilty;
penalty, two years IN the I,cnitentiary
Jack Richards, murder; found guilty;
penalty assessed at fifteen years In the
sam Jackson, burglary; not guilty.
Andrew Atkins. murder; continued.
Henry Drinkwater, burglary guilty and
penalty assessed At five years in the peni-
Tertiary.
WIN j. Holmes. burglary; not guilty.
Frank Colin. murder; jury unable TO
agree and mistrial entered.
Ten bills Of indictment were presented
by the grand jury.
Cases sat for today are az follows:
Tom James, burglary and theft lone case
each,)
George Matthews, burglary and theft
tone case each.J
Lena drummer. misdemeaDcr theft.
John Merchant burglary.
Tom Merchant, burglary.
Tom Stricislin burglary.
Ceorge hunter. theft.
Lee Green, burglary.
FL Williams. burglary
The following cases are set for wednes
day:
Granville Could, asstasated assault and
battery.
Gydie johnson. theft.
Fifty-nffh Civil District Court.
The following proceedings were had b.
the Fiity-fifih civil district court ysster-
day, Judge W! II, Wilson presiding
q. +. Ewing VS.. J. b. Pafres; motion 10
reinxtete filed.
ThomFa r. Boyd vs.. r. kibfg; judgment
for plaintiff for $500 and COTS dsfeniani
excenta and gIYfS notice OF aprnaI. len