The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-01-03
A DAY IN THE COURTS.
SPECIAL JUDGE w. p. HAMBLEN
ELECTED IN THE ELEVENTH.
Hardly Be Able to Preside During
the Present Term.

The case OF II. II. MacGrcgor agains,
NJ. Uhman, which has occupied tho time
Of the Eleventh district court to the ex
cuson Of almost everything else since
Monday noon, came to a sudden and IN.
expected temporary termination yesterday
morning The testimony In the case had
all been heard and the argument Of The
attorneys was begun Tuesday. but not ron
Guided. BY agreement between the attor-
neys and Judge Ashc the arguments In the
case were concluded Wednesday, morning.
4 short session of the court being held
Tor thiB purpose Judge Ashc, after tho
closing OF the argument, postponed tho
charging OF tho jury until Yesterday morn
Ing in order that the members might be
Erte 20 CnIJy the pleasures and festivities
OF New Years Day az after being charged
Z ii would be necessary for them ia be kept
together Yesterday morning, when thA
hour for conycuing the court and the jury
/ arrived, II was learned that Judge Ashe
"as seriously III and could not be pres
ent. The jury In the case VIII be kept
intact during the remainder Of the term
or until Judge Ashe Is able 10 he present
In court and give them his charge Ia the
case, 50 they can take charge OF and con
slider the case according 10 the testimony
and under the charge given them.
~
Judge c. T.. Ashe, presiding Judge of
the district court OF the Eleventh judicial
district. was seriously III yesterday morn
ing and unable 10 be present to open The
court Afterward II was ascertnlned that
Judge Ashes Illness was Of such nature
as will prevent his attendance unon the
court for several days, II not during the
major portion OF the remainder Of the pres
ent term OF thlS court rhercupon special
hor M IL IL ~ ~ gS tne mempers OF tue
oar anu J1uEe HamGlen was chosen
as special Judge 10 preside over tbe
a,s.eNcntu 0.stllct court during the Illness
11bh III 'h hN.ss Asnt5 JUICE hhmblen accepted
presldiny iudrn nra t tcn, ne position or
F'''N'"H '""s' Pto tem 81 lhe court.
y ~
Judge w H. Wilson. nresidIng tpdra
OF me- FIftv.efb ,,,tI.P., 's...,,'ee luUs'
handed down his decision In the case Of
j. S. Daupherty et nj arsi,s, ~ " n
llns rrbIs AMI MO-, s 10 ',..
ans i"'s SUIT was brought BY plaintiff
TO compel specific performance ana for
breach OF contract ana was one Of the
plsdd much OF the time ~ the court and
tbe dociot ug't ,o nd c9n be truly said
Is cleared of one a. "' t,,. us.lle' '9nfl
judgment as entered Is as follows:
T., judgement for plalntin for $4,000, with
55p nd rom N9y i, laoli az & per cont,
on nlco a.. sncci ia, p,a,nllu 'AAe nothing
indg,n oe n , ,HtT p'ilol nanee' 10 winch
flee az onpeei ''ror AZ "un tlve no
ia given In lybich I "" 4 a''rr Hdlourhmeht
fscths ~" ." "'''n !" me statement o.
As win ho 40, -,
plaintlo secure i,li ~ tue adgment the
Snmnn"s yin Oo6 i9l me ,lYgldated
H. nic9 $1,000 u ana receives nothing on
Rattardlnr tb s.E Iod{e, o prert9rmanee -
counsel fnr tho dofcnse esi5. I'M, apISnn,
81 the court is IN accordance with defend
H ahit ti@st'ns Construction Of the cnatract,
both sides had tho rigb bnf OF INC ,C9o2 na
stipulated damages and refnsc' 10 80" ." a., a.
ther with the contract. and last Nav nos.
klns offered to pay plalntlN the SiGO00
aud deposited Il in bank subject 10 bis or.
dor, but this was refused ana snit hrongbt
for the land subsequently HoskIns tsS.