The Galveston Daily News from Galveston, Texas • Page 12

AUSTIN AND RETURN $7.00 Om NOT. a. Good to return --VIAH, K. DOUBLE DAILY SERVICE LEAVE GALVESTON 7 a. MO p.

m. City Ticket Office, 403 Tremont Bt. Phone C. H. COMPTON.

C. T. A. J. H.

MILLER, D. P. A. DAILY NEWS, TUESDAY. KOVEMBBR 10, ONLY ANOTHER MONTH To Visit the Fair.

IT TAKES JUST 29 HOURS FIVE YEARS THI ST. LOUIS HIGHTOWER, P. and T. LINE. 301 THE ONLY LINE Operating, in addition to the Dallas- St.

Louis Sleeper, a JTHRHUGH SLEEPERl (Without Change) Between i Galveston Fort Worth Via Houston. LEAVE GALVESTON 7:15 P. M. DAILY. A New Pullman Line THROUGH TO FORT WORTH WITHOUT CHANGE.

Begining Monday, November 14, the Santa Fe will operate a line of Pullman Sleepers between FORT WORTH on train No. 18, Leaving Galveston Daily at 7rl5 p. m. Arrive Fort Worth 8(00 a. The cars are New, Twelve Section Drawing Room Sleepers, modern in every particular.

Sani For particuUfS, information, reservations, call on or address M. Naumann, C. P. 224 Tremont St. PHONE 768.

GALVESTON, TEXAS. ELIJAH HICK! PIJBAD OIIILTT Or MANILAIIOHTBK AND ItBCKIVKD MAXIMUM FKNAL.TY. HQIEini Jof, Chants U. P. Mlitrot Prkx, J.

Robertson. J. S. Waters, Wttttr- lge and 1. H.

Waihlngtoh. TM REVIEW OF HIS CRIME ii ASSISTANT ATTORNEY ROTSTOK RE' VIEWS CASE-COURT OF CRIMINAL APPEALS' ACTION. If You Are Coin; North or West Texas Take the 8:30 a. m. Train Via the H.

H. R. Makes Direct Cotiectioi at Grud Central Depot, Houston. Other Tnini LeaTM p. Jl.

m. and p. m. TUESDAY, NOV. 15, 1904.

TWELVE PAGES Notice $7.70 WACO AND RETURN. On sale Nov. 7, 9 and 10. Limit NOT. 17.

VIA "Want" Adi should be handed In on Sat. nrday night for Sunday's edition before I to thi proper clmincatlon. ThOM received after that hour will not bi guaranteed poaltlon on "Want" Ad page. LEAVE GALVESTON :50 p. m.

DAILY Through Sleepers for St. Louis, Kansas City, Dallas. Denlson, -Fort Worth, Waco, Parsons and Scdalia. For -tickets, see "KATY" 307 Tremont Street. Phone 250 November Special Rates.

ST. LOUIS'and and Saturdays, extremely low. T.ongfer limit costs slightly more. CHICAGO and return, daily, one fare plus HOMESEEKERS' RATES Tuesdays and Saturdays to AMARILLO COUNTRY limit 30 days. CHICAGO and return.

Xnv. 26. '27 and 28. account Liive Slock Exposition, ouo fare plus $2. Holiday Rates to the Southeast.

Will be in effect Dec. 20, 21. 22 and 26, limit SO'dnya, onti fare plus $2. THROUGH SERVICE VIA MEMPHIS. Rock Island Systenr Write PHIL.A.AUER, G.

P. FORT WORTH What Happened Thirty Years Ago. (From The Galveston Dally News of Nov. 15, 1874.) Several persons of exalted rank were said to be implicated in a conspiracy against the Russian Government Three thousand persons had been arrested, including many ladles. A commission had been appointed to Investigate the conspiracy, the cause of which was unknown.

Dr. W. G. KIngsbury, Commissioner of Immigration for the State of Texas, was In Sandusky, Ohio, working up the Immigration fever, with considerable Special Agent Yaryan, who investigated the affairs of Federal officeholders in Texas, was soon to be dispatched to the South again to make i investigation. During the preceding week 6K hales of cotton had been shipped from Corsl- i cana, four bales of which came to Houston and the balance to Galveston.

The ixiisk Tramway, in bourse of i construction from Jacksonville to Rusk, was within four miles or the latter point. 'Several convicts at work on the road had escaped. Galveston was 'receiving the great bulk of cotton from interior points. A cotton gin and mill at Rice was destroyed by fire, incurring a loss of J6.000. Middling cotton was rtuoted at Receipts, 3,300 bales; shipments, 903 bales.

Gold In New York was firmer and higher, ruling at The Second Ward Market pavement was about completed. On the following Sunday the Denlson Blue Stockings baseball club was to open a series of games with the Galveston nine. A coal oil lamp exploded in the store of Mr. Pclan, on Market street, but the fire was quickly put out by tho promptly arriving Fire Department. The active roll of the Galveston Hook and Ladder Company contained the following.officers: N.

B. Yard, president; John Sealy. vice president; Fre3 A. Smith, secretary; J. Sorley, treasurer.

Henry DeBar. in the role of Falstaff. presented "Henry IV." at the opera house. W0 5 th emulation, is that they pack i hci ru a tilte of ripeness thai will not" reach One decayed orange will spoil the whole The Texans do not seem to have yet learned that lesson. The fruit should be carefully inspected before being packed, and the same-sized fruit and of the same state of ripeness should be packed ii one box and not a conglomeration of all sizes, The packages ln which the.

fruit and vegetables are packed should also There is no necessity for using an "sscrtment of sizes. When Texas products 0 sXVo? immediate approval--the same as Havana cigars are accepted as tho best "The California fruit and vegetable men are organized In one big association, which sends out representatives to fell of the larger Northern and Eastern markets. re t1he 5 eprsentatives arrange for the disposal of their consignments Immediately upon their being received and secure the highest.po?«!!,!e market returns. This has been found profitable and could doubtless be emulated with profit by the Texas growers A man could be placed, for Instance. In Chicago, St.

Louis, Omaha and other points where there are market demands He trade from CalifornklMias Increased so rapidly that it is not unusual for to shin out 100 carloads of oranges a day and to 1S Carloads of deciduous fruits ft re- SSliK" ut elght i a for the California Products to reach their markets, whereas iexas can accomplish the same thing in Hve days, thereby securing a gain of three days over their competitors. Santa Fe has tne most modern equipment for the transportation of those products. We omit nothln; ul f)les arerof. Inferior and are nackei In an inferior manner In Inferior packages 0 not 1 1 competition from California. And If their representatives at the markets arc inferior to the California representatives, the product will not secure the same high price as do those from California.

"With the soli and climate of Texas she can raise anything under the sun and is particularly favored from the standpoint of accessibility to the points of consumption. -Tho produce of vegetables and fruits has not yet reached anything like It should. That Is probably because Texas has for so cen one cr State. But the farmer who has for so long depended upon this king will find that If he will devote the same soil and the same attention to raising fruits and vegetables he will derive a much larger return at the end of the year It would bo wise of tho experts In fruit and vegetable raising could be nre- yallea upon to visit Texas and settle here. In a short time, with their experience In other States In growing and marketing vegetables and fruits, they could prove of v.iitold value to Texas.

I would hardly deem it wise to secure too large an immigration of this class of men until the experimental stage has been passed. While Texas has shipped considerable fruit and vegetables It must be conceded that she has not yet nearly arrived at her maximum or even her average, and I bcllevi? that she has hardly started yet. la the reason to as the stage." Mr. Leeds will leave today to visit other sections of tho State tributary to the Santa Fe to lurther investlgnto tho conditions winch prevail In. Texas.

In order to inform himself more thoroughly, so as to give the quickest and hest service for fruit, and vegetable growers to Northern markets and to stlrrftiiato the farmers to improve their yield an that It will rccclv 'he maximum returns. The Case Wai Reversed Arp WM Loath to Accept tke The case of the State of Texas vs. Elijah Nicks, charged" with the murder of Vincent Guzzl, was called for retrial In the Criminal District Court yesterday morning at 10 o'clock. On the 19th of November, 1903, Nicks was convicted of murder In second degree, and sentenced for a term of forty years in the State penitentiary. An appeal was taken and the case was reversed by the Court of Criminal Appeals.

When tho cp.se was called yesterday morning, Mr. Mart H. Royston, the Assistant Prosecuting Attorney, made the following statement before the court: "In this case the defendant stands with murder, being accused of having killed Vincent Guzzi; and now offers to plead guilty to the offense of manslaughter. This case has been tried and the defendant convicted of murder in the second degree and the Case was reversed -by the Court of Criminal Appeals. The evidence of the State and the testimony of the defendant show that the defendant went to the house Vincent Guzzl, the defendant claims bv.invltatlon of the wife, and after reachlnr there was discovered by the deceased and the latter objected to his presence and a difficulty ensued, and the defendant shot and killed deceased.

"At the former trial we were familiar with the decision of the Court of Criminal Appeals In the Franklin case, but did not that that decision was Intended to mean that a person who kills a husband when that husband has found defendant invading his-home'tor-the purpose of meeting the wife of deceased, would be guilty of only manslaughter, but In deciding this case the Court of Criminal Appeals refers the Franklin case and announces such to be the law, despite the fact that the law gives the husband under such. conditions the right to kill the Invader, for the statute defines such a killing to be justifiable homicide. "Under these decisions of the Court of Appeals one who seeks to defile the home of another and being discovered Is attacked by the husband and thereupon kills the husband, the slayer has an Imperfect right of and Is guilty of manslaughter only: "Upon another trial of this cause the State would present the same kind of case as before, and wo have therefore consented to accept this plea and shall lay the matter before the next Legislature and seek to have the manslaughter statute so amended as to exclude this characer of an Imperfect self-defense. But as It now stands 'here Is nothing else to do but to accept the Judge Gillaspie stated that he was loth to permit such a plea, but In view of those decisions he would permit It. But -one witness wns put on the stand, Mr.

H. M. Brown, who, at the tlmo of the killing, was an officer oh the police force of the city. He testified that on the night of the tragedy about 10:30 o'clock he the deceased lying dead in his back yard wllh five or six gunshot wounds In his body lie testified, further, that he heard the shooting. The Jury, after receiving the Instructions of tho Judge, retired and remained out of 0 for nhn forty nutcs.

the following verdict was brought irf- "We, tho jury, find the defendant, E'lijah Ijlcks, guilty of manslaughter and assess the penalty at confinement In the. State penitentiary for a term of flve years M. FLATTO, Foreman." F1 y. re is the maximum punishment for tho crime committed, the law providing for a sentence of not less than two vears and not more than flve years In the State penitentiary. Following are the jurors who sat in the case: Louis M.

Flatto. foreman; Gordon B. Bell, R. H. Bushway, William Dick, Chas.

Donan, Al Todder, John H. Graffe, J. E. Johnson, Warren E. Klmmerling.

Chas A Mensins, Herman B. Meyer, J. Meek SOCIAL AND PERSONAL is invitation nnt out come by membership committee 'nthutfastlc men who art anxious 'to the membership of the Tounf Christian Awoclatlon aMembled but night at the association building. After oyiter supper, served by the ladles' auxiliary plans for Increasing the membership were dlscusted. The question, "Do you get ynur money's rt 8 and answered very emphatically In tne affirmative by those present.

At the clone of a very interesting "detailed discussion the following was unanimously adopted and signed: "I want new members and shall do my power to get at. least one by Deo. Those signing the Oet-One-or-More Club were as follows: Dr. James J. Ten-Ill, H.

Long, Wm. M. Hudson, W. M. Martin, rf.

T. Hudson, 4 P- Brow Henry J. Schutte, M. B. Biandenbergh, W.

N. Glaascock, Dr. John T. Moore, W. Hanscom, A.

B. Btelrer, K. J. Hardy, Jesse Qarrott, E. Ames, Hulnn Sterling, B.

W. Chambers, -Wilbur Goodman. G. Fred Evans, Milton S. Schwab, R.

Spence. C. W. Qlll L. M.

Luth, Reuben Tschumy, C. F. KOSB, Curtis Scott, Carey Lee, Clarence J. J. Roturle, Duncan Crooku, G.

P. steniel. p. B. Guerin.

Last Saturday night between and 10 o'clock an entertainment wae slven for the seafarlngmen at tho Seamen's Bethel, corner Seventeenth and Mecnanis streets, by the Epworth League of the Central Methodist Church. At the chapel the following programme rendered: Pull for the By Congregation. Prayer Chaplain Earner Recitation by J. A. Boddeker Vocal by Miss Curry Beams Our Father's Mercy" by Congregation Address Rev.

Qeo. B. Sexton Zither solo by P. Naschke Vocal solo by A. T.

Whlttakcr Organist Miss M. Graves Every number was well rendered and the sons of the deep snowed Olelr approbation by great aplause. After the program was concluded the audience was invited to retire to the reading room, where the ladles had prepared refreshments for the whole company. Nearly ons hundred sailors and many citizens were present and the the so-often neglected "Jack" dectered that he enjoyed the evening immensely. The meeting of the ladles' auxiliary society to Congregation B'nal Israel will meet Wednesday afternoon at 4 o'clock, instead of 'today.

Mr. H. M. Govan, the goiter who trained the members of the Galveston Golf and Country Club last winter and who was engaged to return again for this season, arrived In the city yesterday from Brooklyn. Since Mr.

Govan left here last April he has held his fotmer position with the Marine and Field Club of Boston, and reports enjoyed a very prosperous and all round successful summer with that club. There Is no doubt but that now Mr. Govan has returned his presence will add a great deal of Interest and enthusiasm to that high degree which already exists in the club. The organ recital which was to have been given this evening at Temple B'Nal Israel by Prof. J.

J. Blood, has been indefinitely postponed on account of the death of Miss Bertha Miller, which occurred yesterday morning. LABW. XBAtJDB CALLS. COUHTT ATCBKTIOB TO CHILD ittmUl LAW.

GIRLS, KEEN) WOMEN Werkfir altfe br Low In Not Violated--Farer. IcHooL PERSONAU, GULF INTERSTATE RY. Shortest and Cheapest Route Between GALVESTON AND BEAUMONT. Double dally service. Excursion rate, ono fare round trip, Saturday evenings and Sunday all points on line Passenger stntlnn, foot of ISth st Ticket oflices, foot isth and 2U Tremont st.

WHEN YOU GO AWAY Ton Will Want to The Xcrra. It you clip thl" and p.iste It In your hat you will know where to got it. ATLANTA, GA. House News Stand, COLORADO SPH1NG8, L'OLo. Colorado Newspaper Agency.

CHICAGO, ILL. Palmer House News Stand. Auditorium Annex News Stand P. O. News 17S Dearborn sL DENVER.

COLO. Kcndrlck Book Story Co. J. Black. HOT SPRINGS, ARK.

H. Weaver Co. C. UovinK. KANSAS I i i MO.

M. T. w'rlghi. MANAGER LEEDS OP THE SANTA FE REFRIGERATOR LINES TAtiKS INTERESTJNGLV. SETS THERE Advocnfen of Uniform PncUnffcn, In- npcctlon He fore Shlpplnfr, nnd It oprciv dilation.

Sth Walnut Drnpkln. NEW N. Y. Brer.li'no's. I'nlon Square.

Astor lloufle NV.WM Stand. KfOV OKI'F-ANH, I A 11. J. H.ollc, Ct Commercial Placo Bt, Chmles Hotel News Stand. rOH'i'I'AND, OHK.

B. H. Kli-h. KRAN'CIHCO. rslnw Hotel News Stand, Louis, Mo.

Arthur MolKllng. rear 7IR Chestnut Union Dim Ion Stand. TJixIrll Hole! Bond, "i it. Mr. J.

S. Leeds, manager of the Santa Fc, Refrigerator Dispatch Line, lieml- a i in Chicago, vvas In Calveston yesterday ii.nd pave, expression to some a able advice to truckers, horticulturists and others interested In growing and preparing fruit for shipment to Northern niarket.M. "Competition, as has been well said," remarked Mr. Leeds, tho life of trade, Tho man with the best goods and the quickest delivery is the man who makes dollars. This applies to all avenues of life nnd all of business.

The Texan i and vegetablo raiser can not a i saying loo closely to heart. COUNTY I I Am! IK-slii Cniivns.iInK Election Returns--They Expect to Complete the Today. The County Commissioners' Court, all members nnd officers present, met at the court house; yesterday afternoon at 3 o'clock for the regular quarterly session. The canvassing of tho returns of the recent election was tho first and onlv matter taken tip at this meeting, the court having advanced only to the Eleventh Ward at the of adjournment. Another meetinR will be held this afternoon at 3 o'clock, when it Is expected the canvnss will bo finished and other business taken up T.

P. A. DIRECTORS THE LOCAL COURTS. CrimiiiAl DlMfrict Couri. J.

K. P. Gillaspie, Judge. Algle Adams, sodomy; flve years in the State penitentiary. Elijah Nicks, murder; plea of sullf to manslaughter and sentenced to flve y'earo In the State penitentiary.

CASES SET FOR TODAY. Walter Daily, theft (felony). Walter Daily, burglary. Pleas Smith, assault to murder. Frank Eskrldge, assault to murder.

K. 13. Nichols, assault to murder. George Williams, (felony). Tenth Dintrlct Cnnrt.

P. M. Spencer, Judse. City of Galveston vs. Mrs.

Fannie Babbit ct al, taxes; judgment for plaintiff in the sum of $45.50. City of Galveston vs. Amelia taxes; Judgment for plaintiff in Mr. B. A.

Smith of Willis to In the city. Mr. Peter Paul went to Dallas yesterday. Mr. jr.

F. Parlw of Bryan was a visitor yesterday. Mr. and Mrs. R.

R. Ryan of Ban Antonio are in the city. Mr. C. L.

Henderson of Is In the city today. Mr. J. Rates of Center a guest of friends In the city. Mr.

L. H. Newmafin of Paris Is a rucst of friends In the city. Jir. and Mrs.

K. Orion of Mullen were the city yesterday. Mr. J. B.

Drlsdale of Batson was here yesterday on busmces. Mr. Thomas F. O'Neal of Houston a visitor here yesterday. Mr.

E. Benghazi of New Waverly Is a guest of friends In the city. Mr. G. G.

Cr.Hicr rf Dallas was in the city on busfnnss yesterday. II. H. Sigman of Brownwood is in the city on a business trip. Mr.

J. L. Whitmler of Ganado Is in tHe' city, both on pleasure and business. Mr. John A.

Baker of Seguln (a In the city and a guest of the Washington. Mr. and Mrs. R. Feagin of Corsicana are visitors la tho city, and guestfl at the Grand Hotel.

Mr. W. S. R. Parker of Beaumont arrived in the city yesterday upon a business mission.

-x. Mr. W. D. Hunter, Government boll weevil expert, whose headquarters are at Victoria, was In tho city a few hours yesterday.

Mr. Forest Thackery left last night for Washington, D. after spending several days in Galveaton, visiting hljs mother and At the Instance of the Woman's Label League, County Attorney Wheeler bai Investigated one of the laundries of the city, which, according to the league, was employing young girls under IB yeara of age, in violation of tho child labor law, and paying them only 50 cents per day, where they had previously paid women fl per day for the same work. Mr. Wheeler investigated the laundry mentioned, but failed to find the conditions there as stated, although he was surprised to see white girls and negro women working shoulder to shoulder.

In his rounds of the laundries the County Attorney was Informed thst almost daily efforts were, made by parents to hire out their children of tender years, but were refused. He says, however, that the child labor law Is only effective against manufacturing establishments or places using machinery, tnd exceptions are made where the child, even though It bo of tender years, Is the support oi' a widowed mother or a "rippled parent. Mr. Wheeler believes that the best remedy, or rather the best supplement to the existing child labor law that can be made Into a statute by the'approaching session of the Legislature, is to provide for an Industrial school and compulsory education. The proposed has upon various occasions been advocated the columns of The News by local parties, and arguments presented why such an Institution should be founded by the State.

In two Instances Mr. Wheeler states that he has enforced the child labor law in Galveston where he found children under the age prescribed by the law working In factories. In these cases the factories were compelled to dispense with the services of tne children In question and to employ people of more mature years. Mr 'n Wh eler tated yesterday that -while ha will soon retire as County Attorney, his Interest as a private citizen, In enforcing the child labor law jrtll not cease, and he proposes to do all In his power to enforce this most salutary statute In Qalveston County. The communication from the Woman's Label League to the County Attorney and his reply are.as follows: i Galveston, Nov.

12, J904. To John T. Wheeler, County Attorney: The Woman's Label League beg you to investigate the employes of laundry, and' you will find they have little girls, 12; years of age, working on machines, at 60 cents per OVERCOMES I PERMANENTLY BUY THE GENUINE -MAN'FTJ BY fOB SALC BYAU DRU6QSTS. said laundry and compel them to abide by Hoping to hear satisfactorily from you we remain, recoectfully. THE WOMAN'S LABEL, LEAGUE, Per Secretary, IDA C.

LAW8ON. Galveston, Nov. 14, 1904 Clty Mr Ma very carefully Inie case of a supposed violation tl i ouuijvoeu VJUlUHOn Ia or Iaw laundry, and find the following facts: No snploye of Un under the age of 12 and and write simple sentences In English" an lrl about 16. who wri j'ngllsh with difficulty. That i lLi Mn id read 'ites iminf'i" hat also found a white girl between 14 and 15 who a 3 sentences with great 1 5L 6 1 0 Slfd y.

At Sh laundry the youngest girl Is about 16 At tins laundry I am told that the efforts of parents to hire out children of a vcrv tender age are refused dally. The present child labor law should be hacked with" Industrial schools and compulsory education tha 3 ou ca e1 attention to anything that looked suspicious to your or- 8S2 a ve enforccd the child labor law in this county with regard to two fac- iSCSf i houl Into details, the- child labor law is only effective against manufacturing' establishments or places using machinery, and makes an exception where the child, even if of tender age, 13 the support of a -widowed mother a crippled parent. My term of of rice will expire within a few but. my time in connection with Sntnrdny. Will Moot In nnl-roxton onsldornMr i i i i i I On next Saturday Hnlvrstnn will rntor- taln as her directors of Trxns Division of the Truvelcrs' Pi-otri'llvc AKKOc-lnllon.

It in iindcrsliiuil a consld- cruMc liuslni-KS Is In i-omn hofuro i ill- rei-t-n-y, lint tho obloct (if Hie mootiiiK is tho clrctlon of a tiiirrrssor to Sccrolary K. l.udlnn-. who IMS rc- llcd to so I i business Fiuioriil of Mr. Jooi'KO T. A i Tim i i of the a (ieorge T.

A is conducted from the. First Presbyterian Church yesterday afternoon. A large mim- icr of frleiid.H of deceased were In end- nice. Rev. Mr.

paid a a i i i i i ribnte to the life, work and character of he departed, and Ihoso who knew Iho man 'on. a Iho a I i was In nowise tverdriiwii. a of Ihe children of the a school were In a a brlnir- IIIK iimnoroiiH i offerings. Can-limes were prn-ldod and the mrinhrr.4 of his Snii- school ehiss aci-oinpanled iiludod i i hail cnini 01 Mr. A were pro.

i i i the services wcr.l ro-i- he Masonic i i "It would be well for those In Texas who I hcloved teiieho 1 to their hist resting aro prodm-e for Northern markets place. Tim floral offerhiKN to remember a have to come I (nl orp.ini/.atlon i i i California Mississippi, i I Florlrtu and oilier Southern Texns fu se. At the products can reach the. markets reveral days ahead of the other Htates. Tho desldcrnlum, therefore.

IH to slvo tho best Roods for tho a money. Tho producers of a i i a will not ship In a a phim. nprleot. orflnRn or i i i Hint him Ihe sllghrst If It Is known 10 he or worm-eaten It i Is plvrn to Ihe hogs. Kvery orange, every i plum nnd every ainlcot Is cart-fully Inspect'- before It packed.

This rxampio nhoiild i be followed by the thing Urn UJIfjrnlini which. I hnniri. for llnlvontnn Directory. ClinnjrTM in i of vefifdeiice. hnslm or as mimes oT nin-inR I i i since i CMTO- plctlon of i i i i for directory, i bo properly I i In (ho now hplnr I'ompllcd If sent in at once Ail- dri-M MOHKlrfON ft I OHY US Trunont Franz sum of, Hccnrder's Court.

M. R. Royston, Recorder. Dave Fancy, falling to screen cistern; ordinance complied with and cause dismissed Emma Eralslon, vagrancy; fined $1. Edward Woley, drunk in a public place- fined 51.

Albert Torcn, drunk In' a public place' fined $1. Charles Dorsey, disturbing tho public peace: lined Tom Garcia, assaulting and striking' fined $10. Mert Tohman, discharging firearms in city limits; fined J5. Alt Hassan, lighting: fined Jl. Mohamnu-d Magu, lighting; lined $1.

Fontnlnr'ft Court. i i a Hodds (colored), disturbing tho public peace; fined $1. Henry Mace, disturbing tho public pcaco; lined $1. Louis Flick, theft (misdemeanor); dismissed. Frank TT.irttnati nnd Ilan Donovan, hnnd ench to Crlm- I a i i I i Frank Wponla, burglary; dismkscd.

i i SlntlMlcn. BIRTHS. To Mr. and Mrs. Porter, a girl.

To Mr. and Mrs. Garfield Boyd, a hoy. DK ATI-IS. I a daughter of Liby Raines.

l.cek iselly, aged 41. disease. A I A I L1CBNH10S. Plmmonn and MlKH Addle Will- lams. Kdward Oeorgo Scale and Miss Clara Helen Jllrk.

Filed. COUNTY COURT. w. McLftughltn vs. Pullman Palace Cur Company, images.

KiO nrnllimflon. sister. At the Orand-R. D. Feagln and wife, Corslcana; G.

M. Men-aid, N. H. W. Berdsley, Des- sarz City; E.

L. Jussltlns. Houston; L. H. Newmaun.

Paris, J. Rates, Center, James Nolan. R. R. Ryan and wife, ban A i K.

Orten and wife. J. Ban-on, J. S. Whlie, Houston; K.

liengliHm. Now Wavcrly: it. y. Crokers, ban Francisco; C. Henderson, Beaumont.

At the Washington--J. M. Bucher, Fort Worth; George Edjm. Plttsburg, Pa F. 10.

Wagner, Houston; Charles C. 15. Spaldlng. Austin; Eva Happy Hooligan" Company; Dave Woolfe, New York; A. Brurcs.

Omaha; H. M. Goran, Brooklyn, Thomas H. O'Neal. Houst J.

lj. Whltmlcr, Ganado. Walker. St. Louis; John A.

Bilker. Seguln; F. L. Tyes. Fort Worth; W.

S. R. Parker. Beaumont; John W. Stout, Puebio, R.

D. Morrison, Houston. At the Tremont: J. M. Cokcr.

New York; H. S. Glaser, St. Louis: John S. Steole.

Jackson, New York; W. D. Hunter, Victoria; G. G. Collins.

Dallas; H. B. Beedles Cincinnati; B. L. Logan, New Orleans- F.

Knowlton. Massachusetts; Ed. J. Hurley. Sedalla, I.

J. Frank, E. M- Strauss, New York: W. S. New Orleans- Nat I.

Ehillch, Philadelphia; H. F. Benv stein, New York; W. J. Hamilton, Fayette- yllle.

H. H. Slgman. Brownwood: G. M.

Billings. Indianapolis; Mrs. G. Stelphen J. O.

O'Donnoll, New York: H. Reynolds and wife, San Kriinclsco; K. A. Smith, Willis: Mary G. U.

Walton, Houston- F. Parks, Bryan; W. Canntella. Houston- J. E.

Drlshold, Batnon: A. K. Hurst, Philadelphia: H. Schcnthal. New York- and L.

Mittenthal, Dallas. ally. JOHN T. County Attorney, Galveston County. Bertha Lillian Mlll-r Demi.

Loving and beloved and In the sweet age of youthful innocence, the soul of Miss Berthe, Lillian Miller has forsaken Its mortal encasement and gone to other realms. A favorite with her companions, she leaves behind her many friends to mourn her untimely demise. "Birdie." as she is known by her schoolmates, died at 4:40 o'clock yesterday morning at the home of her mother. 1826 Avei.uo K. The cause of her death was a shock i heart, consequent upon an iii a en wn performed Friday.

was.thf youngest daughter of Jistello Miller and Ihe late C. Miller She was 17 years of age last Julv and a member of class of at the Ball nlgS School. A favorite with her classmates universally liked by her death is felt 'L. wi Mends ac- EHerr'n The musical art. was never more fully illustrated in this city than In the concert of the Ellery Band last night.

The presence of an exceptionally sympathetic audience seemed to Inspire Slgnor Fcrullo and alrthe musicians to unusual effort nnd every selection received an interpretation Jhft made It a rare. to listen to. The Tell" overture was a revelation. The "Gloconda" and "Travlata" selections were perfect reproductions of their composers Intentions, and were played wUti a vivid faithfulness that brought to all present fautless pictures of the scenes they Those familiar with "La Olo-i cohda anq La Traviata" saw the operas well as heard them. Slgnorl Palma and Metris played exquisitely two duets oA the golden-voiced trumpets and gave further demonstration of the splendid mai- terlal composing the Ellery Band.

"Kins Dodo became a classical gem In Ferallo'S hands, as did every dainty little popular! selection that was played. Indeed Ferullo'S genius transforms everything it touches Into a thing of worth and beauty. and Tears," by Chiaffarelll, one of Mr. Ellery's former leaders, proved to be a composition of extraordinary force and beaucy, and was received with loud applause. i The -aiKLfence last night was of good dimensions and gives promise that Galveston Is at last realiiing the sensational excellem of the great Ellery Band.

The women of this city as a whole such men as can break away from will have a splendid today show whether really do appreciate thi oest In music or not, Mr. Ellery has prei- pared a program for this afterncjn's matV Inee which is of extraordinary strength anm will test Galveston's musical taste to Itj ut-r most. The following is the list of selections! to be played. Every one of them Is a cerav Brat water: 1 1. Wedding March Mendelssohn) 2.

Prelude--Parsifal WagneP 3. Elsa's Dream (Lohengrin) Wagneff Signer De Mltrls and Band. 4. Grand selection, "Die 5. Polonaise in A major Choplol 6.

Quartet for. Reed 1. Siegfried's "Funeral March" Wagncrl 8. La Tonis Pucclnk The program for the night concert li' quite as strong as that of tho afternooi along other lines. It will give brilliant II lustration to the school of modern Italia opera.

We present. It in full: 1. March--Chinese Musso Overture--Saracen Slave (first Mercada to 3 Adagio Tarantelle Cavallinl Signor Declmo and Band. 4. Danza ICsotica Mascagni' (First time in Galveston).

5. Manon Lescaut--Grand Solos by Signori Palma, BI Nalate and', Rogano. C. La Boherhe (scene from Act The dawn, the snow--duet-quartet. 7.

Tenor solo Selected SIgnor Buzzl. S. Hermosillo--Mexican 9. La Gloconda (finale Act III) Ponchlelll With a climax that rivals "Carmen." qualntances in Death this city. LITTLE LOCALS, Lrague The directory of Bu; will meet i A a convocation of San Felipe rie Austin Chapter No.

R. A. will be held this evening at 7:30 o'clock. afternoon ami by nightfall she was unconscious. 'I he end was known to be near Side eathcrecl ai)01 hed- W1 ntl morning-, how- Hi-i fr frie da aware that anything serious was expected.

Then the news of the death came as a dark cloud cheerful oihli TM ia hri sht and Relatives over tho St.o.te have- been notl- flert and will be present at tho funeral Kf piacc from the family wmch will IVIor piiporw wi-rf xrnnifd lo A i of I a and ConntHtldono Agnlo of Jrc In ('rlnilniil IMiilrlrt (TAnr4. VcillnwhiB arc I Jnrorx for I wrck In Ilio o-huliml riliilrlot c'onrt: Dot-don 11. Beli, E. U. Block, B.

V. PLAN TO nilILD CAUSEWAY. How li Can Ilr Done Wlthont Drlny. "Tho most, important nrojeet the people of Galveston unit iho seawall r.nd grade raising are provided for," said Mr. (lotrocks of Bulllnnville, "Is a cause- Ualvcston Island with tho malnlunil--M that will care of all the railroads and all wagons a might a to over.

Why roulil your city make it proportion to tho Wharf Company to bulkhead and fill In three or four feet tho bay. giving Company half of It to bo used ll'O rent from Ihc rillrondi to l.erp It In rcimlr? In order to popularity driving nn-1 i aeroiiA the clly could Hca Hond biggest In the world for fe- l.o he teivrd Virginia Point for i nnlnhnl. would ctowd at Point, Hurial will place In the Jewish cemetery. The arc tho mother and two sisters, Miss Rosctta and irtss Blanrto i i a value and Interest of his- der vcd ehielly from the and lees 01 the eminent men whom it emn- meinoralrs. who bought rubber stamps and stencils from J.

V. Love, no lsl1 Vc BelaMes, Fruit. G. B. A A Headquarters 1017-1011 Market Bt.

Country orders sollcltral "There's a bear movement going on. How long will he bear it or how long will it bear him? Looks as if they'd both be bare before the finish. No matter how exciting the new? frpm the Far East, don't delay to ga yourself ready for the cold weather. There's a bare possibility that yoi need a new. suit or overcoat.

New line of long overcoats 1 ed backs. Si5.00 to SiS.oo. New brown Stetson Derby Hals in yesterday--new shape, new color. $4.00. E.

S. LEVY Outfitters to Man or Boy. I VIA Chicago, and Return $33.45 On SaJe Nov. 2fc. 27 n.nd 2S.

Final Limit Dec. 7. Oil. HURNINC! LOCOMOTIVES. NO SMOKE.

NO DUST. NO CINDER Uty 'lickst Office, 408 Tremont Street. Phono 87. H. D.

P. A. C. H. COMPTON.

C. T. A..