Fort Worth Daily Gazette (4 November 1887, Page 3)

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PRICED CENTS
Send ua the outside
Sjox of the genuine Dr
LrvER
ffffithvoffc address plainly writ
rt2nd c u Send you by return
F ifit ntt
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Cards IfWftWKWh
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Oleograplnc
Fleming bros
r PITTSBURGH PA
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SKaSSS
SJW 1
Cancer of the Tongw
our njro was troa
ono three or years
n oitn r t ipp tnnue near
the
was
iorire
centered In Use
ed liora the rtouiilers and
i f r bami sVe almost Igsidh the use of It
7 V iv aWig ol the two life haa gro
c fcT tbo use of a halt dozen rosay
bhe was entirelj
r pqot Swifts Specific
restored to Unto Thta was three
TVaaJ tucre haa been no return of the Uis
e
OaIJuae51SS6
Uitn i H001 and Skin Plseasea mailed Irce
faE iftSfecifio Co Drawer 8 Atlanta Ga
f 0 TODHft AND MfflDLEAftBD MEN
A SURE CURB
The a ful effect of early vice which brings
organic weakness destroying both mind and
toiv with all Ut direful lite
PEIOJANENTJLY CURED
cn lccs9 lack of ideas sadness
cis lv imagl ingsdlsllkc io 8oclRUlf raiYtrbrood
injr melancholy jti
Marrlu men or thogsgfenf ering upon that
4 y life aware o Jity8lcai dollity exclta
ollliv of lor nervfisfforganlc diminution or other
irrejiiliriilgaiqtncKly assisted
No uin Ms used Youne people losing their
u alikasd spending time with those unskilled
ja4nqnalluQJl auslng fatal dlsorjers to the
hta iHSi r osv liver and lungs stomach
ajd bowclf oedIIv oarei
Let not faiso modesty deter yoa from calling
sioncon
R WASSEUZUG
Cor suiting Rooms 734 Elm Street
DAI Ic TEXAS
ALL UtiVAXS 3XATTERS CUBED
Pxornpt fltcntloa la given to all correspond
ent Mate 3 mpto s and medicine will be
tC O D c crywocra
Or WassTius Is a regular graduate of IS
yten pract c Iploma In cilice and ha
wtytl d n Qlltflfpr over two vearfi
c5 ICtiw
lt eudothbinewith
tea sat IK ca
1 Fi I 1W rtitlarier6rit3 J
SJOitudeBts Finest catalocue fn the Sontiit
frte AddreseF P PREUlTTs Prs
HOTELS ytf
03ltTBilC SqUAEE
Street Cars from Union Depot pass la front
of Hotel Satisfaction guaranteed
E SARGENT Pronrietor
TErlPLE
Watrr Supply Cut Off A Slon Shot
Xhrsngh hs Htart
Specla to the tJaaotte
Templb Tx Njv 3 Soon after the
trsin bringing Howes London Show and
CrciH reached here this morning by the
Missouri Pacific Railway Williirn Bodksr
Ua3 R d Phot and killed William Con
rad vtlta r 88 caliber revolver The shot
took effect in the heart and the man died
iffiraediately There was no cause
snown for the klllim except some slight
d fflculty th t occurred some days ago
Tiie deceased was connected with the
siotr but Bodker was only following or
oing with the show Bodker was ar
ested by Marshal Taylor and his ex
amining trial is now going on Justice
iowry held an inquest over tne body of
the deceased and the verdict was that he
me to his death as above stated
The Bell Countv Fair closed on yester
cy The result was more satisfactory
ttunthe most sanguine had expected
d the fair has been organized per
manently
The fair grounds a mile and a half west
cl the city are well suited for fair pur
Poses there being both plenty of water
cd forest oaks for shade and also a
ceart level race track
A sut seems imminent between our
cly and the Waterworks Company The
city made a contrsc some time ago with
the Waterworks Company by which the
company was to furnkh water for fire
nd domestic purposes to the city and the
habitants thereof Some time ago the
City Council notified the Waterworks
voiEpaiiy that they would not pay for
yter unless the company compiled with
ipe contract On the 1st of November
tee company cut off the water leaving
w city dry and the Council has ordered
1 full agiiast the company for violation of
contract
1HE GAZETTE FOET WOBTH TEXAS PEED AY NOYEMBEE 4
THE HIGHER COTJKTS
Sjaopsos f clsi s MR r9d si the
Prcsen l ier n u f the
Higher Courts
D
ctslona Kendcrcd in Sorao Loug Peud
lng Chbb Saprrmc Court and O
iuIhoIou c Appeals Hearings
ciation no
ni
Correspondenco or the Gazette
Tyler Tex Xov 1 J Speer vs C
G Hughes error from Titus Tula writ
of error was sued out by appellant In
July 1887 It cppear3 that on August 1
same year appellant died and teat after
wards on the 23d day of August the
bond for writ of error was filed by some
one end was approved by the District
Clerk Held That under these circum
stances this court has no jurisdiction of
this cause and the motion to dismiss will
be sustained Writ of error dismissed
Willie CJ
W J Cole vs J G Crawford etal op
peal from Eowie Crawford was con
stable of Bowie county and levied
in his official capacity on
two horses and a wagon be
longing to appellant Appellant brings
this suit to recover their value alleging
that appelleeB converted same to their
own use and benefit Crawfords sureties
on his official bond were joined with him
in the suit Appellant recovered a judg
ment against Crawford but it was ad
judged that he recover nothing Bgainst
the sureties and they were adjudged to
recover their costs It is objected that
the jury failed to find the vaiue of each
piece of property but finds the total
valge of the property Held Not re
igijfflrjle error it not being perceivable
Tiow appellant can be prejudiced by the
failure to find the separate value of each
article of property Jfnrther held The
court did not err in failing to submit
the question of sale the petition
failing to show any such fact occurred
It is insisted that the verdict was against
the law aud evidence because the same
failed to hold the sureties on the bond re
sponsible Held That the facts show
that the property wes levied upon three
days before the execution of the bond
and the sureties on said bond could innu
wise be responsible for his acts anterior
to the xecution of sidbou l No error
Affirmed Gaines J
A R Morris vs Lone Star Chapter
Royal Arch Masons appeal from Travis
Appellep a corporation organized as al
leged for purposes of purely public char
ity brcugnt this suit to restrain appel
lant taxcollector for Travis county
from proceeding to enforce the collection
of taxes aspessed up9n certain prop
erty in the city of Austin upon
wDich is erected a threestory brick
building known as t e Masonic
Temple The evidence shows that the
rooms in the upper or third story is used
for the purpose of a hall by Masonic and
other bodies The two lower stories ars
rented to different persons the tola
rental value of the house being S150 per
month The court below found that the
plaintiff corporation was an institution
of purely public charity and that the
property was exempt frjni tx ion un
der the constitution and laws oi this
state Held It it can be ohown lhat
Fdritaon of the heart timidity trembling property belonging to s charitable aso
mqraai6cbagca sojn dircctlv and exclusive
The
used by it in furtherance of its
charitable purposes but partly
rented for profit though its revenues be
exclusively devoted to the objects of the
chuity is not exempt from taxation in
our state The court beiow erred in
holding Otherwise This ruling is de
cisive oi the litigation and there is no
necessity for remanding the cause Re
versed and rendered for appellant
Gaines J
H H Bilger et ai vs Jaoe and Wm
Buchanan appeal from Marion This
cause was before this court on a former
occasion and is reported in C4 Texas 589
It ifl assigned as error thst the court
erred in permitting the introduction in
evidence of the judgment of the District
court of Marion county in the case of
Jno S OHara vs Wm Bonner and E
Terry nnd wife Held Not error The
judgment which this suit seeks to cancel
and set aside was alleged to have
been obtained on the ground that OHara
had no title to the fifty acres of land sold
to defendant Bilger and had therefore
broken his warranty The judgment ad
mitted in evidence establisned the title
in OHara and in short that there was in
jreality no such breach It io assigned as
that the court erred in pemitting s
jjirror
ieed to be read to the jury on the ground
that the deed had not buen delivered and
accepted by Blger ho Bilger having
been specially denied by said Bilger
Held Whether the deed was delivered
or accepted depended on circumstances
of which the jury were to be the judges
If the judge had excluded the deed he
would have takenfcthe question away from
the jury and passed upon the weight of
the testimony himself Objection wa
had because of the introduc
tion in evidence of the deposi
tion Bilger taken in the case
of OHara vs Bonner Held That
Bllgers admissions made in this deposi
tion were admissible egiinst him It
matters not that there wa3 no commis
sion or whether they were made under
oath before a proper officer If they had
been made privately to an individual
they should have been received if proven
by the party in whese presence they were
made No error Affirmed Willie C J
Oomrulasioa Appeals
T W Hsnse et si vs Robert Brent et
al error from Hood This suit was
brought in August 1883 by defendants
in error against plaintiffs in error for an
undivided interest in 1345 acres of
ground An Instrument conveying land
of minors eigned by one representing
himself to be their g usrdian is wholly
inoperative without the production of the
precedent orders of a court of competent
jurisdiction in the premises and there
fore inadmissible against them Courts
will not presume the existence of the au
thority to act in such cases in the absence
of all proof of the existence of power and
its loss or destruction even after the
lapse of thirty years 6G Tex 555
There is no reversible trror and the
judgment of the court below will not be
disturbed Affirmed Collard J
D N Lfe vs J K Yandell et al ep
peal from Nolan This was x suit on a
promissory note by D N Lee against
Yandell Gray Waldrip the joint and sev
eral makers thereof Before the trial
Yandell had been adjudged ft lunatic and
appeared by guardian Appellees filed a
plea of general denial in the court below
also at the time o f the execution of the
note Yandell was a lunatic that it was
procured by fraud and misrepresentation
that said Yandell owed said
Lee nothing and thai Gray
and Waldiip signed as sureties
V ju
Pending the suit an attachment was sued
out and levied upon a fleck of sheep be
longing to Waldrip and he pleaded in re
convention for damages There w8 a
verdict for defendants and 5 70 dam
ages for Waldrip Heir As a general
proposition whenever a principal on a
note is discharged his sureties will be
also but to this rule there are certain
well established exceptions It is held
by this court that sureties upon the note
of a person of unsound mind would come
within the exception In this case the
sureties loo will be responsible especial
ly when the payee is Ignorant of the fact
thst the principal la a lunatic as in such
case a recovery might be had
even against the lunatic if
the payee acted ill good faith
It was error in the court to fail to charge
the law as enunciated above there was
no evidence that Lee defrauded or made
misrepresentations to Yandell to get him
to sign the note
The court instructed the jury that in
case they should find actual damages not
to find exceeding 1000 that being the
sum asked by Defendant W drip Held
This was error It might be taken as an
intimation that 1000 was about the sum
the court thought should be given 20
Tex 217 2G T x 212 It is the policy
of the Jaw in this state to submit ques
tions of fact to the jury without comment
thereon For the errors pointed out the
judgment must be set aside Reversed
and remanded Maltbie P J
F A Piper Co vs N L Strottonre
ceiver appeal from Uvalde Appellee
Strotton jvas appointed receiver of prop
erty in controversy in the District court
of Bexar county Appellants brought
this suit and alleged that in the perform
ance of his duties as receiver appellee had
incurred thi3 indebtedness for which the
notes sued on were executed and that
they had permission of the District court
of Bexar county to briDg this suit In
proof of their right to sue appellants in
troduced the following instruments
The party can sue if he chooses but
there is no earthly occasion for it be
cause the receiver has instructions to pay
all debts and to sell property to supply
money demands on him G H Noonan
district judge Appellant entered an
appearance excepting to the petition on
the ground that appellants had no right
to sue that the court had no jurisdiction
that there were not proper parties de
fendant and that the petition shows no
authority for the execution of the notes
These exceptions were sustained and
from this ruling of the court this appeal
is taken Held That we ore of opinion
appellant did not have authority to sue
A receiver being an officer of the court
acting under its gdirections and in all
things subject to its authority it is con
trary to the established doctrines of
courts of equity to permit him to be made
a party defendaut to litigation without
the consent of tne court Appellant not
asking leave to file a trial amendment or
that the cause be continued over for any
purpose and as said exceptions went to
the merits of the petition there was no
error in dismissing it Affirmed Malt
bie P J
Max Weis vs Oliney Griggs ap
peal from Limestone This suit was
brought by plaintiff in error against de
fendants in error in trespas3 to try title
to a house and lot in the town of Alexia
Defendants answered by general de
murrer pica of not guilty and specially
that Sol Weij plaintiffs vendor con
veyed the house and lot in controversy to
plaintiff with the intent to hinder delay
and defriud his creditors and that plain
tiff knew of such fraudulent intent at the
time said conveyance was made Judg
ment wa3 rendered for dependents in tne
court below It is insisted by plaint ff in
error that the court erred in its fourth
conclusion of fact setting out fnily the
substance of the conclusion Held If
the evidence adduced upon the trial sup
ports tnis conclusion or is not clearly
against it the judgment of the court be
low must be affirmed This court in
deciding the question here presented is
governed by the same rules whether
the case has been tried below
by the court or by a jury
Also held Fraudulent interest it is
tine will not be presumed and must be
proved but there is no principle better
settled than that suca interest may be
proved by circumstantial evidence nor Is
it necessary that the circumstances must
be of so conclusive a nature as to ex
clude every other hypothesis The ques
tion of fraudulent intent in the execu
tion of a deed is one which lies peculiarly
within the province oi the jury or court
passing upon the tact to be determined
from all the facts and circumstances in
evidence and if the testimony is cori
11ciing the conclusion of the jury or the
c jurt will not be disturbed by this court
We think there is no error and it is our
opinion that the judgment of the court
below shouidgbe affirmed Acker J
Erasumus Bakel vs EJ McKechale et
al appeal from TomGr en Thig suit
was brought against appellees to recover
G40 acre3 of land granted to Frederick
Bodensteinit being section 911 in Tom
Green county Appellees plead not
guilty and also the atstuie of limitations
of five years Appellant showed title by
introducing In evidence a patent from the
state to Frederick Bodenstein dated
February 12 1861 end a deed from
Bodensteinto himself dated May 161801
To sustain their plea of five years limi
tation appellees off redin evidence and
admitted oyer appellants objection
deed dated October 21878 and recorded
on game day describing the land as sur
vey No 914 in the name of Frederick
Bcdeustein Held The question to ba
determined is was the deed under which
appelles claimed tested by its own re
citals sufficient to pu the owner of the
land upon notice that his possession had
been invaded This would depend
on whether the description contained In
the deed unaided by extrinsic facts sat
isfy the m nd that the land in controversy
was embraced therein Land owners are
bound to take notice of all deeds recorded
in the county where their land lies in so
far as the boundaries in such deeds may
extend to protect their possessions from
encroachment under five years statute of
limitations Bat no one is bound to take
notice of things extrinsic of the contents
of the deed itself unless in cases where
the law imposes it as a duty to
examine the records such as where
one claims to hold land as an innocent
purchaser without notice etc The deed
describing the land as section 914 was
improperly admitted Parol testimony
was admitted over appellants objection
to prove that there was no survey in Tom
Green county in the name of Frederfcf
Bodenstein except survey No jl
Held Error Reversed and remandid
Maltbie P J 1
g 1Jp 1
MaK TMLfr
Bridgeports Postmiatxfjfepfe
Special to the Gazette sjjf
Bridgeport Tex Nov
our former
r
postmaster mco to Dra o
and Miss Crawford is his successor tp4he
GfSce fvfgg1
HBi
Subscribe for the Weekly Gazette
5E8B0 EVICTIONS
Iionislann Sugar Planters Anxious to Kid
Thcmaelvr of tha Striking Elitctia
New Oblka s La Nov 3 At pres
ent over 10000 negro laborers are on a
strike The whites working on the sugar
plantations holding that the demands
were unjust refused to join them As the
negroes are in a majority everywhere
throughout the sugar district and as they
are determined neither to work them
selves at the present prices nor to allow
others to work further trouble is looked
for The planters are determined to in
troduce new labor and fores the strikers
to leave their places and for this purpose
large numbers of werrants have been
taken out Several companies of state
militia aggregating probably S00 men
are under armtjat the principal points
throughout the district and will go to
the assistance of the sheriffs if they are
resisted when serving the warrants The
eviction i will begin today
WORK AT A STANDSTILL
New Iberia La Nov 3 News from
the sugar plantations below here showa
that everything is quiet bu that work is
suspended or nearly so A large num
ber of idle men collected in all the pub
lic places today Many of them are will
ing to work but are intimidated by the
strikers
TOUR WHITE MEN SHOT
New Orleans La Nov 3 A dis
patch to merchants here from LaCassigne
of Tigerville La says The strikers
shot four of my laborers this morning
from an ambush I have telegraphed th
Gjvernor for troops Plsase see that
tbey start at once
The Washington artillery was notified
and officers are awaiting the action of the
Governor The sugar plantation of Mr
LaCassigne Greenwood la in the parisa
of Terre Bonne on Bayou Black eight
miles from Tigerville and between tnat
point and Houma prior to Friday last
there were employed upon the Green
wood farm about sixty laborers twenty
five of whom were white and the rest
colored On Friday the latter all struck
for higher wages but tho whites re
mained and continued work
Jail Delivery at Granbury
Correspondence of the Gazette
Granbury Tex Nov 1 Last
or heard them till
jail yard
night
between 11 and 12 oclock the two only
remaining prisoners in jail were put to
liberty by their own hands The breakers
were Charles Irwaln jailed early last
spring for incendiarism and one Mason
for robbing a fellow railroad man both
prisoners having been in jail for six or
eight months Sheriff Morris and Depu
ties Henderson and Hiner were all absent
from town at the time An alarm was
Immediately g5ven when a posse of citi
zens was organized and set out for a
search The night being bright the pris
oners had no trouble in finding their way
out of town and into the woods Cross
ing the river at the wagon bridge they
traveled the Fort Worth road for about
ten miles when they came upon a traveler
camped out and two good horses
feeding near They unhoboled the
animals and lost no lime in
making a hasty departure The unfort
unate traveler lost his only dependence
for traveling ou account of being on the
prisoners road The posse of citiz2ns
searched for them all night but could do
no good on account of being ignorant of
the direction taken by tne prisoners
Though after daylight come some of the
posse of citizens that had been fortunate
to ride in the right direction managed tc
ges In sight of the prisoners When the
prisoners caught sight of the private offi
cers they separated one going in the di
rection of Cleburne and the other tnwrd
Fort Worth The Hood county jail is
new and has been considered safe against
a jail break A lot of tools was procured
by the prisoners as the cell doors were
sawed to pieces The prisoners were
very quiet in their delivery as no one saw
they were leaving the
OZk
Slesonr in the Territory
Correspondence of the Gazette
ErrAULA I T Nov 1 Tha Most
Worshipful Grand Lodge A F and A M
of Indian Territory is now holding its
thirteenth aunual communication at this
place M W F H Nish of Fort Gibson
grand master presiding Representatives
from twentytwo of the twentyfive
lodges in tho Territory are present Thus
far the meeting is an exceedingly pleas
ant one The following are the new of
ficers elected for the next year F H
Nash reelected grand master J H
Casbburn Colbert deputy grandmaster
D C Blossom Atoka grand senior
warden John Coyle Erin Springe grand
junior warden H F Murray Colbert
grand treasurer J S Murrow Atoka
grand secretary E HDoyle McAllister
grand orator A F Boss South Cana
dian grand lecturer
Masonry is in a flourishing condition in
this Territory Some of the leading men
both white and red are members of
tho Masonic institution
i KMi
PostmastBra Attention
VAX AL5TTHE TRX Oot 311837
To the Third and Fourth Class Postmasters of
the Fifth Congressional District of Texao
A convention of the third and fourth
class postmasters will be neld at Wash
ington D a in December to urge upon
Goliad
Correspondence of the Gazette
Goliad Tex Oct 81 District court
convened lsst Monday There have been
two convictions to date viz John Gllli
lan five years in the penitentiary for
horse theft and a nearo goes for seven
years for attempt to commit rape The
grand jury has returned eleven bills of
indictment
ajrap of Flff
Manufactured only by the California Fig
Syrn Company San Francisco Cal is
natps ovm true laxative It is the
moflfasitftafcen and t e mosfepleasantty
efmcte reme o to eanse the
syS ten when bifQiS or tive dispel
hdaclfes coldland feystociire hJ1
bKual c nstipatiiJndig tlon efe Fo
sale in 06 cents aM 1 bqfles by
keld Lyne druggists Foit Worth
PiaiiarAt
Some
Congress the necessity and set forth thet
ab ofe c
reasons why postmasters of the
classes should have better pay A dele
gate should go from this difltrictjrAll
who feel inclined to assist in aendijs g a
delegate are requested to write lie tv
postal card Informing me of the amount
they will contribute and if enougjjfis
subscribed to send a delegate the P oK
masters will be notified and they can
then make such arrangements to select a
delegate as seems best When writing
make such suggestions as you think
oroper
All papers in the district will please
copy and oblige yours repectfull7
J P Leslie P M
Str
VlosPjflasfazat
v
Z 3
33 HAESOLD
Oaitiier
mm WMffflSAL BASK
Houston arid Second Str S8lSv on
Wholesale
a
Corner Houston ai SscoM Streets
207 IBtoxistOifa 83 W
W V i wwwftSt1Ctr V xrV nrtCiJ
Capital out Surptue SSOffG
I B Coyd O H HlgboojSana UatH D o
ooov
v r lit
r2
TJ3CS3c
2zao craJ m b wta H oooo aajs jiosiw
r SB Burnett S B Harrold and S W Harrold i
TRANSACTS A SENERAL BAMKSftQ BU8I Efu
THE MEECMAITS lAMSAL MMK
OspiiaJ Patd In X jss OOOJa
BANKIKG HOUSE CornerSixttfted ITain Streets FOET WOETH TEX
O WRIGM r Pros fc CHASfeV loa PesJ MORGAN dONES 2d Vloa ssI
BrSMITH Csahter
US2E3CTOJB t JSrWrIght A B Smith E E Ohaso Morgan Jones E M Faga
J J Swasey O EPerryvvZ O Boss Thoa P Martin W A Adamo E ilWjaao B O
SI rano D W Humphreys J B Mitchell E W Taylor iTransacts a generalba iat busi
i as inloanoj discounts and exohango foreign and donostie Conaspoadeaoa aiitJftsil Ool
l actions madoaaiTpromptly romlttea t uk5M J
srf
BRITTONPrasIdi I Q S DAGGETT JpYJ pVa35d7l I MAX ELSER Cashls
City National BaMk oflfert WortJi Tex
CAPITAL 5150000 SURPLUS S3QGG0
Safety Deposit iies Eire and Burglar Proof EosBent
DIEEOTORS
M BEITTORi S W LOMAX C B DAGGETT J2 CHAfi SCHEUBEB
v V F J TATUM yp
CM VANZANDT
President
v
i
THOS A CrDHAXL
ti teePresident
N HARDING
Cashier
THE FOET WMH NATIONAL BANS
Successor to TIdball VanZandt Co Fort Worth Tex
OAPITAL SJGCK AID UP 5 12500000 SURPLUS FUND 5SO9 0C
1 general banWasfousInois transacted Collections made and promptly remittedlTxchange
Itfcrfn on allSSe rlncipal cities of Enropo
Dlroctora K M YanZandt Thoa A TIdball N Harding J P Smlttr s J Jarris E J Eeall
ftTi vr iM 3ggtiirtfTl I ir iTTi 1JMT r a l l JUM Biaa
BookseflersrStatioiiersI
OFFICE STATIONKRYABtrM5 SCRAP ROOKS VELVET FRAMES AUTI3T
MATERIALS DOLLS AND PLUSH GOODS
XEOif 3LXJNESIV STATIONERY
7 OjffcfcL
t
ED TULLT
wholesale and ketail
307 Houston St Ft Worth
WXSOX SISAXEJ AND JRHMCAJULi
Btoyes Ease Burners
Base Heaters Cannon Stoves
JTrauMin Stoves r Box Stoves
NEW AND ELEGANT DESIGNS
4SSrO 7S3 BOARDS
r
AN IMMENSE STOCK OF
China Glass an Queensware Always Ob Hand
WhofesaJe Dealer Corner Second and Houston Fort Worth Tex
f
DifmicMs Watches Clocks and Silverware
iWstonifet t WaifttfbLj Tex
AIMS BKIHES A 3PMALTY
AND RETAIL
K D BATEMAN
lelBSBM
Established 18G504
N
ND
X
BATEMAN
iissioi Minis
KosRt2ft416 and 13 East Second Street Corner Throckmorton
Etft WoTtli Texas
f
J