The Galveston Daily News from Galveston, Texas • Page 5

THE QALVESTON DAILY NEWS, THURSDAY, MARCH. 24. 1904, PORE WATER IIMTAI.U A Al-'l'ICIt I A THM for tin- Water Ciiliiuiiuy lu Ita Cuvr A a i iUo City of Gnlvcston i Nows Business nni) Ofli'-c. Oil Travis slrinit. Uflk-e No.

tn lulvertlei'- ninntsi for Gun-union mid i News turinslu-J on SuliMcribers aro to i hniki: na i i ur I a i of pupiT. suhsi-rlbor should roi-olvo the a 30 n. vvlion It is rtvi-lvi'U I'tibsritbrrs r.tiotild not i the dn-uhltoi-. CorrcsiionOoiU's ofHco, Klce Ilolel BuJld- farscuL to THE N'rws. TO.I..

March tho case of tho Houston Water Company vs. i c.t Houston, Judge Waller T. the Federal Court today made tho orders lie- The decision 13 one of vast importance, and a solar to the a Company. i is the Jeerco In t'uii. L'nltud States District Court.

Southern District of Texas. Houston a a vs. The i of Houston. Kq. This cause came on to heard at this term upon the plea to the i i i and upon the demurrers of the d-'tViiJant and was aisu-jil.

L'pon whereof, and tile Court i i i advi.sed is considered by the Court uiul'so "rder ud- judgeJ and decreed a the pleas 10 the jurisdiction be and tiiat a special di-murrers iiled Feb. S. 19(14. be also, to which rullnirfl and orders of the oct c. the a and there In the a of the I i Si-anted in i cause on the 1st dav of Jlocemlwr.

ism. and tiled on the 3d d.iv of December, 1003. tho is ln-reby modi- fled in the following a i a The fol- i paiagraph is hereby vacated and set aside, viz: "Thereupon came, on for hearing tho prayers of the bill for I i against the defendant, the Court a i heard the argument and duly considered same, order and decree a the preliminary injunction heretofore granted in this cause continued, and a the a its agents, utllcers or servants he and aro hereby enjoined from enforcement ot the ordinance of by ulain- bill in resard to the a i of water from a Rayon." It appearing a the ordinances comp a i i of have been repealed In good a i it 13 considered by the Court and so ordered, adjudged ai.d decreed that the said I i granted on the 1st day of December. 190A and Iiled on the 3d day of December 191.13. in all other respects be con- i in force until the order of I he ordered by the Court that the Houston Water Company shall, i i i days from this date, ma 1 and lilo i the clerk of this court, sooa ornl sufficient bond, in the of SM.OW) i surety to be approved by the Clerk of a court, payable to the defendant, the of Houston, and conditioned that the sali' Houston Water Company shall, i i six (G) months from this flute, discontinue and cease the use o( water from Buffalo Bayou to Inhabitants of the city of Houston lor domestic uses, and in default of entering Into said bond i i the said period of i days from this date, then the whole ot said Injunction shall be thereby vacated and set aside, except paragraph 2 thereof, which reads as id-lows: And it is ordered by tho Court a the its agents, oflicers or srrv.nnts, do remove and divert from lo Bayou all the sanitary sewers constructed or allowed by the defendant.

Its agent's officers or servants to empty In the said Buffalo Bayou In the corporate limits aoovc the waterworks dan, on said bayou; and cause to be removed all i nuisances complained of In a i i bill from thu banks of said bayou above said dam of plaintiff. T. BURNS. United States Judge. lu was r.ue lliui'ln wouM raise If ail humid In tile push.

Chair- a thill i 111 lilove- i a of eharacti-i- they would be able lom-y He i by ntortulm.ienij) tlu? muney a i I he i a to nilso Kfi-len ut' Mr. i i i had recently returned from Si LoiiK i I i hi- Texua bulld- i W.IH i a i li ready at the op. i.ins or i World's 1'alr. I I A i i A I I llrnzoi A uml (food lloailu A i i i i May Meet Tuitelhor. II C.e^'riie H.

C-1'lstrs. a i a of tho Brazos A i held Its i i i in Houston last wct-S-. Is tod.iy a ici.e:pt of a i i i a trom P. i-nirv ol' Cood a i A---ii. a of Texas, the i i i i i i wo a i a i hold n- li.

1 lotit Ttv i i i a a i .1 i on A il i a i is to nuvt in Tin- i i i i 111. Is rcli.uii, ,1 i t'avoi bv and he i al once i i i i i i i i i i ur.d officers of I i Was so ail- I i l.y a i i i i a i i of Wade's i I I I i i O-ioi! A i a i was l.iv.T.Ll.'!. lo i i St. Delegates. Some days Mr.

a president of tho Stae Federation of i Singing Societies. auYnvssed a i a letter To the i singing cr.i'os the State to a delegates to the sccetint: tho Suite Federa- lu-id in this city i April i list of ui'le- anil boh! ar.nual i i i i Tne to i a end in CITED FOH. OOXTEHPT. HIM Detention by OfficeTM and Notary to A i In connection i the detention of Mr. J.

Willis at his hotel on Washington street by officers and a notary to get hla testimony yesterday in a certain case before the court, the facts were cold In these columns this mornmg. His urrest later by order of the notary for contempt brought the matter into Judge Klttrell's court under a writ of habeas this forenoon. While Mr. Willis did not absolutely refuse to sive the desired evidence he stated that he was busy upon another matter and desired to give the evidence at another time. I'- was alleged that an was made to fpiclbly detain the wliness, who was finally i to go by attorneys sum- moned to his assistance.

The notary Is said to he a i under a commission from the District Clerk of Hardln County. It is understood he waa acting for the Interests represented by lie- Lean Gordon of Beaumont. Mr. McLea'n came to Houston to look a the case this morning. After hearing the evidence as adduced this morning, Judge took occasion to advise another method of a i the much desired deposition.

Mr. McLean refused to make a detailed statement, but declared that ho would take action to secure the desired testimony that may prove a surprise to ail practitioners of Texas law. The Beaumont attorney recovered his The notary declares that he wa-- actlnir within his rights and that, the commission he held a i him to take such steps as might be considered necessary He Is accredited with all the power of a District Judge In such matters. The refusal to answer Interrogatories is considered contempt. Willis 1 engagement, tho notary declares yas for 9 o'clock.

The a states that he did not meet his witness i 9-15 He asserts as understanding that lllu resides at the Brazos Hotel and was not railed by a note or any subterfuge. ABUSE OP TRANSFERS. SoYerxl Street Rnllwitr ckarveri nt The Houston Electric Company has dismissed eighteen of conductors, fined four, and three others are to be either fined or dismissed. Tho reason assigned by the company for the action la- alleged abuses of the transfer system. The employes af- lectco are either conductors or extra men ei EB' 0 e1 bol as conductors and motornien i street car service was not afr.Tttd shake-up, as the company had been ei 1 Such evidence i i con to 11 waa the St i i a i i of Fort Worth, of i M.

P. Duclcer is president The named to ivprespni the St. CV- I i a Club aro as Mrs. Mrs. J.

T. Saundcrs, Mrs Kkim-hu McCarty, Miss Cotton and incetiiii; ot' tX'deration will be hvld on the 1'oronoon the second day of the fesUv.il. Girls Struck. A i i is on in i city, and twenty-five Sii'is at the Ton-Ci-nt Store i and th-y would not work the long hours for a week. The girls have bt'un i i i their grievance for some time.

up t-j us." -aid the chairman of Indies grujvance committee. Thtry out for a few hours, when tlie mattyr was taken up and settlement arrived at, through which work waa resumed. Hoard to Inspect Fire Station. A meeting of the hoard of public works has been called to Inspect and accept the new central lire station building-. The i i i has been completed and A tticta Martin and Moodit; are desirous of setiins u.i ir The board will inspect tho i i and report to the council next Monday i i tho i i be accepted and the tlnal estimate be paid.

Injnretl Men Keoovttrinor. The six carpenters who were victims of the i i a fell on Eighth street are all reported aa making- fair progress to recovery. Three of the five men carried to the Houston I i a have been removed to their hurne-s. A. J.

Cuilee and J. W. McCrackon remain at the Infirmary. The latter waa seriously injured, but is resting well. George Cunningham Is still at the Lunn i a Hia coiidittou la reported satisfactory.

Occupation Tux The City Assessor and Collector ia sending out notices to occupation, taxpayers notifying them that they are delinquent for 1004 and requesting them to call and settle at once. The merchants are responding very satisfactorily and occupation tax collections range from $200 to $500 per day. HouMton Marriage Hubert ll. Pierce and Miss Maude Kelton. Sam Smeetrlns and WUHa -Womack.

J. 13. demons and Addle Winston. Robert Johnson and Rosie Polk. B.

Brown and airs. Mary Reynolds. The CRIMINAL DISTRICT COURT. R. 73.

Tracy, thirty-seven caaes) forgery; evidence on motion to quash indictments finished and cases passed to March 24. when aryiiment: will oe on tho motion. John Riley, murder; on trial. Jury Impaneled in thi trial of said cade: Sfsk W. C.

Connor J. W. Hartley. Turner. Herman Jaeneche R.

A O. F. Bartine. N'oah Altmont Wetter. H.

3. Harrison, L. Ollra. John i is Indicted killing of Milton Morrison on Feb. 5, 1903, at Keaaler Dlx- on'a store in i a Hall, Fifth Vv'ard.

Cases parsed to March 24: Gus Wells, Jim Harris and Henry Green burglary. Joint Crawford, alias Freek Bill, burglary. Felipe Arada, theft (felony). Louis Alberto, assault to murder. Alex Traitor and Charles Johnson, theft earfor).

HUH It'uvy tu Ilk- niitcnUiHl i pti'tloi 1 and CHU4C conUittK'i) fo" Hijrvlft; J. lUupcr vs. W. M. et fendiuit Cltv of Houston had to filu i i utul orosj bill U.

i i v.s. I'ledoiick Moer- for deft-tnUint. I COL'HT. Tho inotloti duelu-t i i-aht-d tomorrow i i i i i U' i. I i COl.

KT. i vs. Conr.ul i i for i i a A KSTATK i A I I I'- K. NJchylsoji Jr. el al to 1 I ty.

i i i oecuplvd i a In i Morris leaauo: JIOO. a Sllndc and i to i lot i. 1, SttiuU- i i i JloO. The Now York and Texis a to T. It.

acre.s of i Smith 51W. i lo M. i lots 0. and 7. 1'W.

in H.justun i i a a P. Convi.M-se ty Mi s. A. kt wock MIV A. c.

AIU-U i i i i i a Jto, in.itcy J.m.»; AlU-y a i a i to J.ici»b'. Kits? L'3 and o'i in Houston i Kw. A. flu-It; U'liM'ii to F. A.

Wood, lot b. Fair a i i A. i to A. lot 5 block ii. Fair i JliL" Mary A.

ft al to M. I'i. Wattc-r- i i a lots 11. 1- and bkicl-: 61, in Housum Hyl.ilit^: 3110. Fuir GroiiiiJs and nt Cuin- to A.

I' L.ij:;»n. It-ts 7, i and block Fair i a i i jl.liw. iiuto i i a J. C.un:i and luisband to Wanvn Melton, lots 10, 11 )L'. block 3, In ster.

cash 51. 31.300; JI.W1. Mrs. Emma L. to A.

P. Hutton. lots 13 and 10. block 1. Young's addition, t-tish 3wO, Jl.OOu Cicero Staudh-h und wife to A a i a lots and 33.

black in Houston cayh S775. notes Cicero a to Maygie Standlsli. 14 acres of Luke K-asfuc: Sidney H. a to Jficob a a lot 4 of A. lime's subdivision of J.

B. Jones leayue; i5. Potyr E. Fouro and wife, to Runduiph lots and 7, block L'O. Houston City Street a i a a addition No.

other considerations and Jl. The slow ami rather light rain of i morning: and last i was a most desha- one from the a i of the farmer and gardener. Mrs. McCann will close her season of miiHicak-s at -1 o'clock at her studio, the music being a of A Foute, a most succeaaful American composer. There is to be an Important meeting: of tne No-Tsu-Oh directors Thursday evening the room? of the Business League.

The meeting will be largely attended, as very Important matters are to come up. Mrs. William Christian of No. 1110 Clay avenue will give a reception a evening, from 4 to o'clock, at her home to her friends. Mrs.

Long of a and Mrs. Hinton of Dallas. She has extended a special invitation to members of the Ladles' Reading Club, of which she is a member. The latter Is the corresponding secretary of the State Federation of Women's Clubs. It will be a delightful affair.

Puraoii.nl Mention. Mr. and Mrs. James Weed of Beaumont were arrivals at the Rica Hotel this morning. Secretary George Brown of the Business League has returned to the city after a absence.

S. M. Weld, a prominent cotton man of among the visitors to the city today. Ho came in yesterday N'ACOGDOCIIES SCHOOLS. Worked on tke Plan, of the BulldlavM Far Info the Nltfkt.

TO TUB Niwg. Nacogdoches, March board of trustees of Naccffdoc-hes Independent district held a session yesterday, extending far Into the night, for tho pur- posa of passing up on the numerous plttna submitted for tho new school There Is to be a central building to coat about J25.000. and one building each for wnita and colored schools costing about w.uuo to be erected In tho suburbs. Flans for each were finally adopted, and the rVhort'tlme UI)0n ths bulldln i i inm he Oeneral ha3 ruled finally upon the bond issue to be floated for this 1 0 making tha a i limit- i ow. ine entire a will be expended upon the buildings and their equipment Helpaned on $8,000 Bond.

TO TUB Helton, March Smith Jointly Indicted with his father and mother for the murder of Deputy Sheriff Iko 1 1 was released yesterday an His sureties are Feriect baking is so delicate that air destroys its goodness. It must there- Protection fore be carefully protected. National Biscuit door, them-- NATIONAL BISCUIT COMPANY ntificat Exampl 3 of Graham as warranted tho action of the inanairers has been on file sevcr.il days tut no action was taken i a i i number of extra men had been broken In to enable tho car service to continue -ruptcd Tho A mni ii of UIllcl n. hendpd hy Mr. O.

Miller, the president of the organization, called upon Superintendent this afternoon and asked for the facts. He told them and they departed without aaylni; what course they would take. He stated that the company, to protect Its Interests had to take the step. He felt that there be no trouble ovor the matter the company had the facts. IIOUSTOJf MUST PUT fp.

Fair Hill One on World' Pro Rmta. This afternoon Hon. L. J. Wortham, World'n Fair Commlsaioner.

ap- In of the local committee raotni of the League nd very strong talk on the ntOBHlty of rslslnr the 12.723 unpaid of pro that Houston had promhed to nkM. CluUrnun Cortes stated that he hsd h4rt work on U. but wts wllllns; It Mr. Cmisdeme; i Thompson, alias Sargent, theft (misdemeanor). Henry Bartlett and Pat Turner, theft (misdemeanor).

Charles Johnson, (misdemeanor) M. L. and Hughes, aggravated ai- sault and battery. Jury fo tho week excused until Friday, March 25. at m.

ariTS FlilED. Suits filed In the District Court: Cordelia M. Noble et al vs. Emma Foster et al. a i i Lee Ann Terry vs.

Dave Terry, divorce. W. H. Ooebel vs. Houston Electric Com pany, damages.

The petition nvera tha a i i wus Nov. X. 1903. while a naa senger on a Franklin avenue car on Ger man street, near I a i a Grea Northern Depot, where the car left tht track and injured the plaintiff badly In al parts of his body below the waist. Ir.man.

Nelms Co. vs. 3t. Luula Sar Francisco Railway Company, damages In the sum of $1,935.05 on account of damage through delay In shipment of cotton weighing 62.330 pounds from Oklahoma to Houston. The date was a.bout Oct.

21, 1903. William F. Erp vs. John R. Cardiff, debt and foreclosure.

Augusta J. Locke vg. John G. Locke, dl- voroe. Sylvester Relnecker vs.

Lucy Louisa Cole vs. Cole, divorce. Anna McLaughlln vs. Pat McLaughlln, divorce. Lena Ottoman V3.

Herman Ottoman, divorce. Mollle "Walker vs. Robert Walker, divorce. COUNTY COURT. Estate J.

II. Lcman. deceased; Carrie Smith appointed temporary administratrix i bond of S2.000. Estate Edna Baker Petit, minor: report of salo of four shares of stock In Improvement. Loan and Trust Company of Galveston confirmed.

A. Breyer vs. Postal Telegraph and Cable Company of Texas; for plaintiff for Estate of Louis Ebert, deceased; bond approved. Estate of Louise niecker. deceased; Inventory and aTjpra.sement approved and estate ordered 'irouocd.

Estate ot G. Scott, deceased: adminis- a i authorized to pay claims of De Eajlefclthy Pye. Estate of Hrady minors; guardian authorized to moke a new bond In tha of JlOv.OOO. FEDERAL COURT. In.

the Federal Court today the following orders were entered by Judge Burns: City of Houston vs. Houston Wafsr Company; cauao remanded. Jonathan Lanw vs. Evan J. Henry; dismissed.

This cause was reversed and ordered dismissed by tho United States Court of Appeals sltUni at Orleani. It Involved a league of land In Wharton County. Houston Water Company City of Houicon; plea to Jurisdiction overruled, first ami Mcond donvrrera overruled, to which defendant excels. Mr. E.

P. was admitted to Federal practice by Judge Burns. Hon. Joieph D. Sayers hai Qualified mutter In chancery In the Houston Company receivership.

SIXTY-FIRST DISTRICT COURT. Carl Klewf vt'. American Brewing elation, diUMcn: on trim. Marr Ueeery n- the rule for THE WEATHER, Waihlncton Porecast. Washington, March ers Thursday nnd Friday; colder Friday In north portion, fresh southeast wlnda.

Eastern Texas- Fair Thursday; Friday showers; much colder in north portions Increasing winds. Arkansas-- Rain and warmer Thursday Friday clearing and cold. Western Texas-- Showers Thursday and colder Thursday night; Friday fair. New Mexico-- Showers and much colder' Friday fair. Oklahoma and Indian Territory-- Fair Thursday; Friday showers and coldei- Arizona-- Fair Thursday, except anow in mountain districts; Friday fair and warmer! Temperature Rcaul'il.

Yesterday's temperature record at Qalvea- ton, aa shown by tho thermograph of tho United States Weather Bureau, on the roof of the Trust Building: GETSHTHEilCUCE THE CASE OP AXDBEW MuUONALU, t'XDBIl DEATH PENALTY, WAS HE.11A.MJEU. HIS mm AH The Lower Court Reversed on Holdlntf Tlllit Prliiciyal to a Crime Need X'ot Bo Bodily SPECIAL TO Tna Nawi. Dallas, March Court of a. 09 a- TO a. 67 1 p.

70 3 rn T2 5 p. C3 Weather Record. Qalveston wej.ther record for March 23 19CU, with temperature and precipitation data for corresponding dates of the last three years: mn- I 1 a. 9. 7 p.

Maximum Minimum temperature Avcrug-a temperature Precipitation 07 70 .04 58 us .00 03 nt no 55 75 Dally Weather Bulletin. Oalveston, March record for the stations Indicated for tho twenty-four hours ending at p. m. today. taken at 8 p.

75th meridian I Ma Temp. Vel. ix.l Mln.lwim Abilene, cloudy Amarlilo, Atlanta, cloudy 1'orp's Chrlstl, cl'dy Davenport, Dodge City, cloudy. El Paao, cloudy 3alveston, Jacksonville, xansas City, p. cl'y Montgomery, N'ashvllle, s'ew Orleans, clear.

tforth Platte, cl'dy. Oklahoma, c.oudy.. Omaha, cloudy Paleitlne. clear Sun Antonio, p. cl'y SI.

Louli, pt. cloudy It. Paul, cloudy VlcViburg, lo .00 traco trace .00 trace .00 .00 .00 .00 .00 .00 .20 .00 .00 .00 .00 .00 .00 .00 .00 .00 Criminal Appeals i adjourn for this term Friday or Saturday, going from here tu Austin, where the first Monday In April it will begin the April term. Among the opinions handed down yesterday were several relating to Dallas County cases. The judgment of the lower court was reversed in the case of the State of Teias vs.

Andrew McDonald, alias Andrew Smith, alias Lee llulory, charged i the killing of Tom Purvis several years ago, convicted 1 r.iur- der In the first, degree and given the death penalty by the In the Criminal District Court. The case was remanded. The higher court reverses and remands the case on the that the following clause uf the charge of the lower court to the was an error: "All persons are principals who are guilty of a i together In the commission ot an offense. When an offense has been a a committed by one or more persons, the true t-ilttilon for determining who are principals is 'did the parties act together in thu commission of the offense; was the act done In the pursuance of a common i and in t.he pursuance of a previously formed design In which thi 1 minds or al! united and It' so, then tho luw Is a a are alike guilty, provided the offense wus actually committed i the existence and in execution of the common design and intent of all, er In point, of fact ail were a a bodily present on the ground when the ol'fenso was a a committed or not." The higher holds, or. the contrary.

In Us opinion a to be a i i a In the commlFSlon of an offense, one must be actually bodily present when it ia committed. "Appellant's defense was and hla testimony tended to show an alibi," the Tor the pant twelve hours. ''Trace" amount Coo small to KEEP IIP WITH TUB WAU. Xrerr man, woman and child oU! Ulusl. to riMd will want to kevp poiteil at the irnfit war Jiufhiirust.

TF rZ take The Newi ererr why net I I I I A I nBFl'SED. It I. the Huttlio. Cane, Involving Several I'olnti. To TBB NBYI.

Austin, March Third Court of Civil Appeals this morning rcl'used a rehearing In the case of the State of Texas VB. W. E. from Travis, which In a land case of no i Importance. Hughes owns scViool land which the State seeks to recover on the fcround that there was collusion and frajd practiced In a i i patent thereto: that misrepresentations had been made ns to proof of occupancy having boon properly perfected.

The Supreme Court has held that title to school land could not bo attacked by others because of irregularity, but was silent as to whether the State could go behind a patent. In this cose the Stnte Is testing that question for the first time, the lower court hav- Inc decided adversely to tho Btato's convention. Hughes claimed that he was an Innocent purchaser and that the State could not revise the act of tho Land Commissioner In accepting the proof of occupancy and iBBUIriu parent thereon. Tht trial court iun- tulned thin contention and the Stati ap- caleu. The Third Court at af- rmed the judgment of the lower court, but on another and technical (round.

It waa that thouirh original purchaser had not actually lived on he waa, by und In a-ood faith, r.rkllnt on adjJMMit land, whkh bj fii tnni tM MM- dent, according to previous authorities, to i him to hold the land. In asking for a rehearing the Attorney General called the court's' attention to the tost question at issue and asked for a decision on that point, but the court overruled the motion and ignored the point raised. btato will now apply to the Supreme Court for a writ of error, and if It is refused the State will bo compelled to originate another case and carry it up in order to have, the question settled. If the writ is granted the high court signlnes its intention of reviewing the issues involved and may decide the questions sought to be adjudicated. If, when tha question is decided, It should be against the State, the effect will be to quiet titles to many tracts of land In this State, as the General Land Office is known to possess evidence as to irregularities in securing some few patents.

Should be in favor of the State, then the Laud Commissioner and Attorney General could Insti- a campaign of investigation and In some instances follow It with suits for the recovery of school land patent to which was secured by questionable methods. It has baen stated by the Land Commissioner that on several of hia Western trips he has passed over land awarded to actual settlers, and, though they are required to live on for the first three years a the purchase, he did not see a single house or sign oi' habitation. These conditions would be investigated and it Is more than probable suits instituted to recover because of alleged failure to comply with the law in actual residence on the land. Becausu of the Importance of the question, thu Attomev General and Land Com- rr.lsbioner hope for an early settlement of the question, though It ia somewhat immaterial to them which way it Is decided, only that it la settled finally. For that reason a writ of error is desired so that the Supreme Court can pass on it ones and for all time to come.

Court of Criminal SPECIAL TO TBI NMWK. Dallas, March had In the Court of Criminal Appeals at Dallas, March 23, 1904. A i Spencer Patten and J. M. Chap- pell, from Dallas; W.

N. Kelley, from Floyd; Clint Uttlefteld and Q. R. Pettis from Eudi'm id. Reversed and remanded: Andrew McDon- I aid (death), from Dallas; Wm.

Clifton, I from a Albert from riock- wall; Jim Manna, from Kaufman; Jim Cham bless, from Ellis; John Tyler, from Cherokee; S. D. Owens, from Delta; Jchn Bateson, from Johnson. Relator discharxed: Ex parte Rush Mitchell, from HaskeH; ex parte Sam Svkea, from Dallas. Reheurlnsf denied: Alex Freedman, from Navurro: Henry Washington and Sol Pare, iiom Palo Pinto; Joe Wolfe, from Tarrant- Tom Friday, from Erath; Laura Graves from Dallas; Dock Higdon, from Johnson; Leonard Allen, from Grimes: Sam Dens on and Buck Pollard, from San Jaclnto; W.

D. Denton and Dan Walters, from Hill; W. H. Lax, from Hunt. Submitted on briefs for State: Gippie Jackson, from Collln; Monroe Cor2ine, from Will frcm rishcr; For- tenbu-ry, from Knox; Frank Maxey, from Shelby; Nupoleon McDanlel, from Casa; Harry Johnson, from ex parte Dan Crenuhaw and Dan Peacy, from Anderson.

On briefs for both: J. C. Dyaart, from Wichita; Tom AlcCary, from Shelby, Third Supreme District. Brier it TO THE Nrwa. Austin, March following proceedings were had today In the Court of Civil Appeals, Third District: Afiirmed--R.

P. Bridgens et al. M. West ut a from McLennan. Reversed and remanded--Charles Gatntr vs.

J. T. Thomson, from Tom Green. The case of W. M.

Saino vs. the Missouri. Kansaa Texas Railway Company of Texas, from Collln County, was dismissed on appellee's motion. Heiiearlng refused--V. A.

Floyd tt al, va Will D. Watkins, from Falls; Western Union Telegraph Company vs. C. H. Noland, from Brown; International ft Great Northern Railroad Company vs.

R. -j Ponn, from Robertson; J. F. Couper vs. J.

H. Maggard et from McLennan; Fort Worth A Denver City Railway Company VB. J. Garrison.et a from Bell; Suprimu Council, American Legion of Honor, John C. Oxanard al.j lamt-vi.

Amanda Santa Fe Railway Company vs. P. L. KImore, from Bell, and Missouri, Kansas (i Texas Railway Company of Texas vs. T.

B. Moody, from Bell. Submitted--A. W. Hoover et al.

vs. D. C. Thomas et from Laiilpasas. to advance.

Postponed to April 13--International Great Northern Railroad Company vs. T. A. Clark, from Hays. Submitted--L.

Gocthal et al. vs. W. M. Read, from Concho; A.

J. Bell vs. Gulf- Colorado Santa Fe Railway Company, from Johnson. LOVELY LOUISE, Tae Center of a Rice Secttoii of Great Promise on the Southern Pacific. from Bat to, and same vs.

W. T. Milam: of Vi. Win. from Travis; A.

J. next frltwl, from Ml lain; W. Pltrpont al. A. D.

Buchanan al, from SPECIAL TO THI Niwi. Louise, March la one of tho thriving and prosperous towns on the Southern Pacific, between Rosenberg and Victoria. The country surrounding It Is rich and productive and is beins developed and cultivated by a progressive class of farmera who know how to make the soil yield Its richest fruits. There will be an increase of 50 per cent In the rice acreage this season. In this community seems to be an established fact that water In abundance IB easily obtained under the well system, and this comm i la destined to become noted for producing rice.

Among the newcomers who will engage In tho rice industry this season are six farmers from Illinois, who have purchased and prepared their lands, secured good wells of water and have placed all necessary machinery. Mr. G. M. Saddler, the pioneer rice planter at Louise, and whose name ever be Inseparably associated with history of the growth and development of thia prosperous town and community, has 325 acres planted in rice, the most of which la now up and growing- off beautifully.

The acreage in corn and oats has been Increased, while that of cotton has been decreased. Tho fanners are using mule teams, well fed and kept, and such as would compare favorably with those of any country. Most of the farmers are raising some hoffa and are not overlooking their poultry Messrs. Saddler Wiggins have recently opened a banking- business here. The Baptist Church will commence the erection of a building- at a cost of within the next few days.

A well-equipped machine shop has just been completed. Many homeseekers are constantly coming and locating themselves in thia community. CEDAR GROVB AFFAIM. McMakou'a Not na SPICUL TO T3E NEWi. Newton, March Howard returned from the Cedar Grove last night and reports that everything If quiet there.

He says that while -thara a good deal of excitement the night after the shooting, there waa never any dang'fr of a clash between the whites and biacka. 7 Tho negro who did the shooting took to tne woods immediately and has not been arrested. Jack McMahon, the wounded man. Is getting along well and out gf danger. The wound ia not so severe ai was supposed to be in the start, it found, after the doctors made an examination, that the bullet did not enter the low, but followed the muscles of the after entering the breast at the right nipple.

It is believed here that the negro not fled the country that he wlu be prehtiruled aoon. Sheriff Howard left tfcfa morning again for the Cedar Grove borhood. He is reticent and win not out any information The cause of thi difficulty can not be ascertained hert, aa there are several conflicting reports. hai Polndexter Picture Sold. SFICIAL TO THE Ntwi.

BeevlHe, March deed wai filed In the clerk's office here wherein J. M. Chlttim conveyed tu W. E. Miller 2,363 acrfef of land for a.

consideration of $14,174. Thfe land is located a few miles above Beev and Is known as the Polndexter pasture. TEXAS PIONEER DEAD. Tnrner, Aged 80. Participant In Many GPICUL TO Too KKWI.

Secutn, March at his home In McCulloch County, and buried at Camp San Saba on last Sunday, Mr, "William R. Turner, in thu SGth year of his age. Mr. Turner was a survlver of the early Texas wars, a native of Suraner County, Tennessee; came to Texas with the family of his father, MaJ. William S.

Turner. In 1S37, stopping flrgt' at Columbia on the Brasos; thence to Qcuzfiles, and at an early day to Seguln, Wi.ere he le-tialned for many years, finally removing to McCulloch County. Mr. Turner leaven relatives throughout the State, was a man of means, and waa respected for tho high order of hl.t He leaven cnc brother, Mr. John P.

Turner i i him In this county, and many relatives. The four Turner brothei a--William, Hardin, Cu.vf and John--were all more or less celebrated Rangers, end Indian In the early days, and are now all dead txcept John above mentioned. I. doiei. TO TMI NEWB.

Ho.denvlll*, I. March Bank of Holdonvllle closed doori today by order of tha Controller of Cur- Wyron R. SturUvant. National Examiner, In RI.WU.YW half of which paper. rtty on depo4lt bank will go Into pm.

In4Wt4wU tut Lake Chat-leu Cmlar.T*tl* BPZCIJ.L TO THE NEWI. Lake Charles, March works company today installed a pump, which increases its to S.W),- 000 per day. JVIUNYON'S RHEUMATISM CURE I Will Refund Your Homer If It Pmlli. I know my Rheumatism Cure will sharp zhcotfnf patna in arras, Lafa, Side, Back or Breast and ing or Soreness of any part of the body a few hours. It effects 0 tptedy and permanent all forma of Rheumatism, Lumbago, or pain In bicfe, Lamenwa.

Itlff and Swollen Joints and all ia and loins. This rwraftdy dow not put too diseau to sletp, but driven tt from nri tern. neutralises the acid maMi good, rich, red blood. Get a bottle of thia remedy, and are not perfectly M-tlafled with will refund your money. If your blood Dyspepsia, or any liver or at don't fail to use Hunyon'a cures Dvspepata.

KervouanasM. and saajtaa you Munyon'fl Paw-Paw Tonic.