Austin American-Statesman from Austin, Texas • 2

0 THE AUSTIN STATESMAN. THURSDAY. OCTOBER 8, 1903. ijf. tl? tl? tl 1 1 1 tl? 1 1 THE i Ideas A SEASONS in Ladies' and a Opening AflfracfiEorc Lyceum Will Be a off fihe Ausftiini Lecture By 1 r- Eugene V.

Debs at 1 fii 5 AfflbU 0 a Children's Ready to wear hats now on display second floor. it fit-oft Ouadalupe; Estebee OroBco. from Webb; John Jenkins, three cases, from Bexar; John Gage, from Xacogdochea. On Motion to Dismiss Appeal Ex-parte Bob Forney, from Nacogdoches. On Briefs For Ktate J.

T. Brown and J. T. St. Clar, from Red River; J.

M. Johnson, from Cherokee; Helen Justice and J. D. Peace, from Jim Manor (death), from Travis; Andrew Byars, from Austin; Marcus lispanosa, and Marlslmino Keys, from Guadalupe; Ernest Mercer, from Johnson; A. S.

Sunn, from Baylor; Tom Mullins, from Jones; Tom Hill from Wood. On BrieTs for Appellant Ox4n Smith, from Nacogdoches; Frank, from Cherokee. On Briefs for Both rajles M. I Emerson, from Wood; Charles Kun-nells and Dan from Nacogdoches; 8. Walls, from Red River; Carroll Bates, from Comanche; Robert Smith.

from DeWitt; Walter Yancy. from Guadalupe; J. W. Allen, from Baylor. Submitted on Briefs and Oral Arguments for Both Parties Ex-parte Mike Hernan, from Bexar; ex-parte Hayman and J.

J. Tripp, from Cook; ex-parte W. H. McRae, from Bexur; H. Evene, from Navarro; Dan Glor.

from Dallas; William Goe-bel, froii Wichita. Submitted on Motions For Rehearing Jim Carter (two cases), from Harris; Link Thompson, R. S. Jackson and George Mason, from Travla; S. A.

Vasxyds, from Falls; Dock Gtpsnn. from Coleman; W. E. Connor, from Tarrant; George Summers, from McLennan. Request Submitted to be Heard on Oral Arguments on Motion for Rehearing J.

T. Maroney, from Comanche; Jess Franklin, from Henderson. The celebrated pool room case of Mike Hernan was submitted to the court today, which Involves the validity of the act of the legislature prohibiting betting on horse rares. WATER COMPANY SUED. Houaton Has Commenced Litigation.

Filed Voluminous Petition. Special to The Statesman. Houston, Oct. 7. City Attorney Stone, for the city of Houston, this morning filed suit in the district court against the Houston water com-pny, asking that the contract made and entered Into in 1897 between William M.

Dowrie and the city of Houston be declared null and void. The petition is a voluminous document. It contains a copy of the contract In question. There is also filed with it large number of official acta of the city council wherein It ordered the water company to lay malna, place hydrants, and all of which, as set forth, the company failed to do, In violation of specific of the contract. BOYCOTTING CASES.

San Antonio Wholesale Grocers Paid the Penalties Assessed. Special to The Statesman. San Antonio, Oct. 7. The wholesale grocers of this city who were recently sued by the state for penalties for violation or the antitrust law.

by alleged boycotting, paid the penalties in the district court today under an agreed settlement with the state. Only one of the defendants failed to come to. terms. The tlrms who have settled are the Hugo Schmeltxer company, M. Castaunla Son, Caffarelll J.

Oppenheimer Otto Rock and Goodman PfolUer, the total amount paid being $2800. George Koerner will fight the case. The charter of the Hugo Schmeltzer company la to be forfeited, but a new firm has been formed and the property of the corporation transferred to it. Court at Lampasas. Special to The Statesman.

Impasas, Oct. 7. The fall term of district court of Lampasas county. Twenty-seventh Judicial district, convened Monday with lion, Clarence Martin, judge of the Thirty-third district, presiding, he sitting In exchange of benches with Hon. John M.

Furman. Judge of this district, who la now holding Judge Martin's court in Mason. Court opened with a larger docket, both civil and criminal, than for several years. Among the -latter is the murder case of the State vs. Sauer, brought to this county under change of venue from Tom Green county, and which Is set for the third week of the term.

There nre seventy-five to a hundred attached witnesses in the case and the trial will likely occupy a week or ten days. County Court at Giddingi. Special to The Statesman. uiuuings. Oct.

7. County court is in session this week with a very light docket. James Ward was con victed of stealing SO0 pounds of seed cotton nnit given tnree months in Jail i on uinb ui me aiaie vs. orno, for obstructing a public road, Is on trial. i A number of witnesses left here for UHim to appear in the case of In tftate vs.

Wes Wooley. Legal Examiner Appointed. Special to The Statesman. Galveston, Oct. 7.

The court or civu appeals, first Judicial distriit. today tilled the vacancy on the board iff legal examiners caused bv the resignation of Judge Green, bv naming O. Kelly of Wharton. District Court at Mason. Special to The Statesman.

Muron. Oct. court is now in session here, Judge l'urinun 3i Hi St Hi From Missouri Well, we want to convince you that the kind of clothes we make are as good as any tailor made anywhere, and at price that will astonish you. Come In today and see that line of over 300 fall and winter samples on display. Wright 4 Robinson, 616 CONGRESS AVE.

Successors to BEN F. WRIGHT. Si tfj 3i 3i 3: 3i 3-3i 3i 3i Tomorrow CigUiti, October GIintiBi Subject: "Industrial IN HOSKINS CASE HEW POINT RAISED DEFENSE OFFERED NO TESTIMONY, BUT DEMURRED TO THE EVIDENCE INTRODUCED BY THE STATE THE ARGUMENT. THE CRIMINAL APPEALS COURT MADE MANY ORDERS City of Houston Brought Suit On Contract With tho Water Works Company Vacancy on tho Board of Legal Examinort was Filled. Special to The Statesman.

fr'ort Worth, Tw Wet. 7t-A new turn was given to the celebrated Husking conspiracy case thl afternoon (a the Seventeenth Court, when Judge R. W. Parker and Robert Sefiy, representing Mrs Nellie Hosklna, the defendauL tHeft, demurrer to the evidence, and isked that the Case be thrown out of court. Argument on the.

demurrer was begun at once. So testimony was introduced by either side today, owing to the Illness of a child of a juror, who was permitted to depart for his home, accompanied by a deputy sheriff, The demurrer, which is being argued, is based upon the following reason; Defendants, Mrs. Nellie Hosklns and her son, Oran Hoskins, are charged with a conspiracy to bring a lawsuit to recover money. The only evidence intrbduced by the state, according to the defense, is that tending to support the theory that is held by the defendants that there can be no such thing as a criminal conspiracy to bring a lawsuit, for the reason that swindling involves the consent of the party swindled. Without that consent, argued Judge Parker, there could be no swindle.

A conspiracy being a lawsuit, ho said, necessarily involves the want of conee.it of the party swindled, hence a consrhacy to swindle by means of a lawsuit lacks the necessary element nf consent of the party swindled, and therefor Is no crime. AN INJUNCTION CASE. Queition of Legal Publication to Be Settled at Belton. Special to The Statesman. Belton, Oct.

7. There has been a new phase put on the Bell county prohibition Injunction case, As will be remembered, the Temple Tribune was enjoined after publishing the election notice, three times. Thereupon the Belton Journal made the fourth publication and upon the dvlc of attorneys the saloons are closed, pending the final outcome of the writ of Injunction. Lawyers are divided as to the legal ity of the fourth publication. Tho Belton Journal tlld nut ceae with one publication, but has now published the notice three succesHive weeks and would likely have finished the fourth publication Friday, as it was acting upon authority of Instructions Issued hy Judge Kelts prior to his being enjoined.

Judge W. S. Banks of Temple obtained from District Judge Ashe of Houston a writ directed against the commissioners court and every newspaper and publisher In the county, restraining them from doing 'anything further to put prohibition Into "effect In this county. Judge Furman had previously re-lused a writ In this same case. It has put the people to guessing as to what will be done.

The editor of the Belton Journal was seen, but he had nothing to give out for publication. Asked If he would ohey the flat of the court, he said: "If you see the notice In Friday's paper you will know that I did not respect the Injunction: if you don't see it you will know that I did." Court of Criminal Appeals, Ppeclal to The Statesman. 'Tyler. Oct. Is the proceedings of the court of criminal appeals: Submitted on Record Francisco Conjiales and Gus Edwards, from AU OLD ADAGE GAYS "A light purse Is heavy corse" sickness makes a light purse.

The LIVER Is the seat of nine tenths of all disease. go to the root of the whole mat ter, thoroughly, quickly safely and restore the action of the LIVER to normal condition. Give tone to the system and solid flesh to the body. Take No Substitute. Totf Pills Admission, Parquet, Dress Circle and Family Circle, $1.00.

Gallery 50 Cents. 0 here of the championship series. Except for the high winds it was an ideal day for baseball. Young's pitch- ing was too much for the Pittsburgs. He had the home players completely at hla mercy and it was only through an en or by Parrent in the eighth Inning that prevented hlm scoring a shut out.

Attendance, 12,322. Score R- H. E. Pittsburg 000 000 020 2 6 4 1 Boston 000 006 41011 14 2 i Batteries Kennedy. Thompson and Phelps; Young and Criger.

EX-PRESIDENT CLEVELAND. I Will Be Guest of Honor of the Chicago. Commercial Club, By Associated Press. Princeton, X. Oct.

7. Ex-Preal- dent Orover Cleveland will be the guest of honor of the Commercial club of Chicago on October 14, and 111 make an address. Cottage at Marshall. Special to The Statesman. Marshall, Oct.

7. An unoccupied cottage owned by Kirk Case, In the southeast part of the city, and valued at about was destroyed by tire this morning. The origin of the tire and the amount of Insurance are not known. today for the lajuisiana oil fields after thoroughly canvassing the situation here. Accompanying them was Mr.

It ruck of Boston, who is at the head of a solidifying company In which the two former gentlemen are said to be Interested. The expectation is that a plant will be located here. FOOTBALL GAMES. Harvard Defeated Bates. By Associated Press.

Cambridge, Oct. 7. In a very-one sided game Harvard defeated Bates today by a score of 23 to 0. The Bales team was very light and proved weak in all departments of the game. Yale Won Over Weeleyan.

By Associated Press. New Haven, Oct. 7. Tale tan up a high score in defeating Wes-leyan at football today, making thirty-thiee points to the visitors' nothing. The game was marked by no sensational plays except that Yale smashed to pieces the only trick which the visitors had a chance to show.

Boston Defeated Pittsburg. By Associated Press. Pittsburg. Oct. 1.

A crowd thnt occupied every seat in the grand stand nnd blenchers and every available foot of standing room and which overflowed Into the field three or four deep turned out to wHneas the second game of Belton presiding. The Cavaness murder trial has been set for the 12th Inst. The criminal docket for this term Is very light. MAYOR QUARANTINED. The Chief Executive's Son Has Diphtheria at Taylor.

Special to The Statesman. Taylor, Oct. 7. Upon the advice of his family physician, and in pursuance of an ordinance prescribing certain sanitary regulations In case of infectious or contagious diseases, Hon-John F. Black, mayor of Taylor, was today quarantined at his home In the west side on account of a case of diphtheria in his family, his 7 year old son, Chulg.

being thus uftllcted. The red Mug Is posted at the mayor's gate, and all necessary precautions are being used to prevent a spread of the disease. Although diphtheria of a malignant type has prevailed for several weeks in the country surrounding Taylor, this Is the first case to be reported within the city limits. Secretary Hay at Washington. Hy Associated Press.

Washington, Oct. 7. Secretary Hay returned to Washington last evening, and was at the state department today. The pressure of foreign business is given as the reason for the return of the secretary at this time. A GRAND JURY INDICTED THE MEMBERS OF MOB CHARGED WITH MURDER IN THE SECOND DEGREE FOR LYNCHING NEGRO NAMED AL-LENE SMALL.

By Associated Press. Xaphville, Oct. 7. The grand jury of Moore County has returned a Joint indictment against twenty-two members of tile mob that lynched the negro Allen Small on the night of September 24. The defendants were Indicted for murder in the second degree, us tho attorney general and grand jury thought this course more prudent and likely to result in conviction than would an Indictment for murder In the first degree.

The indictment makes the case bailable and nearly all of the defendants will be released on bond. Gov. Hoqg and Gen. Miles. Special to The Statesman.

P.e:lun:o:'t. i t. Governor Hoyg and General Miles left.