El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-10-17
FITZGERALD
MOORE CASE
Finally Decided BY the ST.
preme Court.
ESTATE TO B. DIVIDED
And Mrs Moore Will Get About Fiji
~ Five thousand Dollars AS
Her Share, Instead OF Eight
Thousand-Other Court Matters

Thousand-OtherC Court Matters
/ Falyey and Davis. attorneys FOR Mrs.
Fitzgerald Moore in her suit for half
| the property belonging to her divorced
| husband. have received word that the
supreme court has refused to grant
/ writ of error in the case and IT can
| not e appealed any more but stands
as the court of civil appeals decided
The facts of the case in brief are
as follows: Mrs. Moore was going TO
sue her husband for divorce and one
half of the property. when he met her
and effected a compromise by which he
paid for her divorce and COVE her
/ $4,000 worth of property and s3oOo IN
, cash and thought the case was over.
But they had some other misunder-
standing and she employed Falvey and
Davis to bring suit against Moore for
one half of all the property that he
owned.
This they did in the district court
here and received a judgment for the
same. Patterson and Buckler. attor-
news for Mr.. Moore. appealed the case
to the court of civil appeals which
substantially sustained the action of
the lower court. The only change was
little property in California which
they gave to Moore.
The attorneys for the defense then
of error which was refunded last Fri
day and that ends the case. BY the
ruling of the courts Mrs. Moore Will
receive about $50. 200 as her share of
the property. Appraisers were APP
pointed by the court here to divide the
property. which will be done at once.
MRS. MCLANE FINALLY WINS.
Patterson and Wallace received a
message this afternoon from the clerk
of the court of appeals at San An
tonic stating that the court had sus-
tanned the verdict rendered in the dis
trict court here in January giving Mrs.
A E McLane $4,000 damages against
the Texas * Pacific raliroad for the
death of her husband who was an en-
gineer in the employ of said company.
Ii will be remembered that McLane
was killed in a wreck in September
1898 when a flange on one of the drive
wheels of his engine broke and the
train was derailed.
The case was tried three times here;
twice it ended with hung jury and
the last time the jury returned YER
dict on the first ballot. 1t took alto
gether thirty-three days to try the
case. Judge Edwards for the defend
ant and Attorney Wallace went to San
Antonio week before last to argue the
case which was bitterly fought through
out. This ends the case and the Texas
e Pacific railroad must now pay.
WHITE ON TRIAL.
John White, the elderly man sccus.
ed of the theft OF Q typewriter from
Night manager Kirk OF the Western
Union. Is on trial In the district court
today before . jury.
A verdict will probably be had be:
fore the hour Of adjournment.
TRAMMELL WANTED ELSEWHERE
Sheriff Allen. Of Corsicana Navarro
county, Texas, Is here In quest OF J.
d. Trammell, who wac arrested In this
city for pass n f'ryed check on
farrell, Ballard IL Co.
Trsmmell is wanted at Corsicsns,
where he broke jail and Hed. Acting
upon the advice of his attorney, w
w. Brid9ers. the prisoner will plead
guilty Friday morning to forgery and
probably get the minimum sentence,
two years. Then he will go back to
Corsicans with Sheriff Allen aud stand
trial there.
ELIZA TELLES SENTENCED.
Elijis Telles, charged with per jury
before the grand jury. was found
guilty by the district court Jury yes
serdsy afternoon and awarded two
years In the penite ntiary.
the caes went to the jury at 5
o'clock and at q verdict was render
ed.
The woman was accused OF attempt
ing to prove an alibi for Garcia by
swearing to the grand jury that he
WAS at her house in q room with her
daughter at the time when the murder
was committed.
CASE DISMISSED
United States Commissioner Howe
dismissed a case against kOe Toy, q
CHR aman who was arrested last spring
under The charge OF having left the
United States and later returned. His
case as 6,sT'ss7t for want OF evil