The Austin American from Austin, Texas • 3

(Circulation) 3333; All Other Departments 4391. THE AUSTIN AMERICAN. AUSTIN, TEXAS. THURSDAY, MARCH 25, 1926. 3 WIFE'S WORDS SAVE PEN TERM Milam Farmer Gets New Trial.

The testimony of his wife won for Jack Moore, Milam county farmer, reversal of 50-year prison sentence, and a new trial Wednesday, when criminal appeals court sent the case back. Moore was charged with killing T. Davis after Moore's wife reported alleged advances by Davis. Her testimony corroborated Moore's. The state made an effort in the trial to discredit her testimony, and on this ground a new trial was granted.

Negro's Death Case Upheld. The court upheld finally the death sentence of T. Harris county, negro, for slaying a negro woman, 'and refusing to grant a rehearing; affirmed the 99-year prison sentence Alex Foley, Lacounty, for the shooting of Isidor Matejeck. Proceedings of the state courts Wednesday: SUPREME COURT Judgments reversed and rendered in cordance with opinion: Mrs. Mae N.

Paris, Clement vs. First National Bank of Texas: Lamar. Applications for writs of error granted: Ry. Co. Gilbert J.

Contois, Bexar: H. T. Phelps vs. C. U.

Connellee, Eastland; M. Scarborough et al. va. W. Y.

Ellis, El Paso, Writs of error refused: Rebold Lumber Company vs. E. A. Scripture et Eastland; Mrs. Ida Smith et al.

(Charles Dodson) vs. Mrs. Sherman Jines, Ochiltree: Long-Bell Lumber Company vs. H. K.

Porter et Lubbock: J. C. Bloodworth et al. vs. John B.

Rhea et Young J. A. Eubank et al. vs. Fannie E.

Jackson et Limestone; G. A. Davisson vs. The State of Texas, Eastland: George Hipsher et al. vs.

North River InCompany, Coleman: Don A. Bliss, surance administrator, vs, Brotherhood of Railroad Trainmen, Bexar: Eagle Pass Piedras Negras Bridge Company vs. Texas-Coahuila Bridge Company, Maverick. Applications dismissed for want of jurisdiction: 0. K.

Higgins vs. Advance-Rumely Thresher Company, Oldham; W. S. Maston Nixon vs. C.

H. Cook and Walton, Nueces; Will F. Miller va. W. E.

Flynn et Leon. Motions for rehearing of causes overruled: B. H. Lauderdale et al. vs.

R. Q. Lee te Taylor; Texas Employers Insurance Association vs. W. H.

Drummond et El Paso: J. W. Ogburn vs. Ward County Irrigation District No. 1, Ward: International Travelers Association vs.

E. L. Gunther. Webb: Mary Louise Hovel vs. Kaufman et Bexar: Nona Iona Wildis vs.

City of San Antonio et Bexar; Southern Surety Company vs. Jonas A. Benton, Bexar: T. P. Barnhill vs.

State Texas, Houston: T. H. Black et al. E. C.

Gray, administrator, Lipscomb; D. P. McDonald et al. vs. W.

E. Hamilton; V. Brill vs. Guaranty State Bank of Goose Creek, Harris: F. H.

Reily vs. Silas Hare, administrator, Gray801. Motions for rehearing of applications overruled: J. W. Hudspeth et al.

vs. S. Guggenheim et Nueces J. P. Poteet et VA.

W. S. Johnson et Dallas; Geo. Ablon vs. J.

W. King et McLennan; Geo. S. Allison et al Sutton County et et al. vs.

Sutton: Jessie B. Adkins et Bexar; James A. Baker, receiver, Geo. J. Hill vs, J.

L. Lancaster et receivers, Dallas. Motions for rehearing submitted: City of Athens et al. vs. Dan Moody, attorney general (mandamus) Cameron Compress Company vs.

T. P. Whittington, Milam; Reynolds Mortgage Company et al, vs. Levi Gambill, next friend, Hunt; Hanover Fire Insurance Company vs. T.

A. Moore et Wise: South Texas Implement and Machine Company et al, vs. Anahuze CaCompany et Harris. CIVIL APPEALS. Affirmed: Louis Vezelka Chas.

F. Fortes, Fayette. Reversed and rendered: Willie Georges vs. Ernest Fricke et Fayette, Motion overruled: A. L.

Bowers vs. 1-GN Ry. from Williamson, joint motion to postpone submission, but' appellee is given until May 5 in which to file briefs, Rehearing refused: Mrs. Ora D. Randall-Allen et vs.

Morris S. Lewin et Navarro. Cases submitted: City of Ballinger et. vI. J.

A. Nichols et Runnels; Eatrena P. Barta vs. Vine V. Barta, Faylette W.

F. Hays et al vs. J. C. Clawson et Travis.

Ordere dthat attorneys having records in following cases have them in the possession of the clerk on or before the 81st of March, 1926: E. Schmidt et al. vs. Leon F. Baar, Fayette; John R.

Box vs. Deming Investment Tom Green; Prairie Lee Production Co. vs. French Tiller et Caldwell. CRIMINAL APPEALS.

Affirmed: Artie Jackson, from Harrison: J. M. Edelen from Potter: Sam Wilson from Taylor; J. A. McBride from Jefferson: Alex Foley from Lavaca: J.

E. Deaver from Hood: George Melton from Lamar: Odenthal from Cass: ex-parte Albert Frederick from Johnson: Bill Cook from Camp. Reversed and remanded: Charley EL Mott from Panola; Raleigh Bilberry from Stonewall: C. L. Andrus from Runnels; Frank Walker: from Harris; Bill McDuff from Dickens: Carl Hill from Hopking; Jack Moore from Milam; Calvin Coker from Tarrant: Bud Taylor from Cherokee; Clarence Memphrey from Cottle.

Appellant's motion for rehearing overruled: Doug Mears from Orange: Ed Chandler from Polk: Will Henderson from Harrison: Joe Selby from Bexar: Bill Campbell from Dallas: John Allen from Titus: C. W. Champion from Grayson: J. A. Kincaid from Jones; Harris allas Aaron McDaniel from Harris.

Application to file second motion for rebearing denied: J. I. Pitts from Limestone: Tom Spears from Hill. Appeal dismissed: Jim Jones from Camp. HANCOCK OPERA HOUSE Today, Friday and Saturday "Three Faces East" EXTRA Friday and Saturday Matinee and Night The Colonial Entertainers Jazz Orchestra No advance in prices.

Reversed and dismissed: Judge Geary from Delta. Submitted on briefs and oral argument: John Hightower from Bravos: A. F. Barnes from Stephens: J. H.

Dent from Knox: Sid Patterson from Knox: Granville Jackson from Kerrie Jody Blanks from Kerr: Cleve Barnes Stephens; Albert Johnson from Howard: C. A. Tait from Grayson Frank Folsom from Wichita. Submitted on brief both: Jessie Teel from Fisher: J. N.

Scott from Wichita: G. E. Anderson from Dallas: John S. Wear from Travis: Robert Leslie from Nacogdoches. Submitted on state's brief: Sammy McGee from Howard; Willis Tilley from Howard: Homer 0.

Turley from Collingsworth; Jesse Hagins from Collin: Templeman Burns from Grimes; Bill Murray from Nacogdoches James Tesar from Potter. Submitted on record: J. A. Noblitt from Potter Jake Miller from Potter. Submitted on appellant's brief: G.

E. Berry from McLennan, Submitted on appellant's motion for rehearing: R. L. from Knox; Secundine Rivas from Presidio. Submitted on appellant's application to withdraw motion for rehearing: Alvin Townsley from Williamson.

APPEARS IN RECITAL Miss Mae Pipkin of Taylor Honored Philadelphia Conservatory. TAYLOR, March W. H. Pipkin of Taylor has received a communication from Philadelphia kin, studying violin at that hen. daughter, Miss Mae PipCombs' conservatory of music, had appeared with great success in a spring recital given Thursday, March 18.

Miss Pipkin this institution early in the entered, was placed in class which is composed only of artists. The recitals of Combs' conservatory are important events in the musical world and Miss Pipkin was praised highly her contributions on the program." TRAINING RACE HORSES Taylor Turfman Owns Number of Record Racers. TAYLOR, March Nelson, local turfman, on the job every day training his string of race horses to enter the races of July and on through the summer months. He has a good one-half mile track in the pasture adjoining his home site, and his horses are getting in perfect condition. His string of horses follow: The Stroller, a trotter, record Lou pacer, record 2:14 1-4; Jessie Bell, trotter, record 2:16 3-4; Red pacer, 2:07 1-4; Ennice Stroller, 2-year-old trotter.

Mr. has been a very suceessful race-horse man, usually ending the race with first money. HOSE CO. NAMES DELEGATION TAYLOR, March Burns hose company No. 4 held a meeting at the city hall Tuesday night and elected Albert Wolters as delegate and Albert Bisang as alternate delegate to the State Firemen's convention, which will be in Harlingen, June 8, 9 and 10.

A large number of Taylor citizens are contemplating attending the convention, and one ore more of the Taylor reel racing teams will enter the contests. let PEP bring you health PEP peps you up. Gives energy. Ready to eat. A cereal everyone loves.

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THY do you let those unsightly LAST TIMES TODAY "THE TORRENT" Written By the Author of "The Four Horesmen" With Richard Cortez--Greta Garbo STARTING TOMORROW "THE FIGHTING EDGE" -QUEEN- FARMERS BEGIN PLANTING WORK Lampasas Optimistic Over Crop Prospects. LAMPASAS, March The advent of pretty weather this week heralds the desertion of the streets by farmers. It is opportunity for which farmers have been waiting. They are in the fields and are to remain there until crops are planted they. catch up with their work, or until they are driven to cover again by the weather.

Old-timers say that prospects for crops are better here than they have ever seen them. The indications are that this county will raise the largest small grain crop in its history. fruit The prospects for a bumper crop were never better. LEAVES ALL TO SON -Mrs. Nonie Boren Mahoney Willed Nothing to Her Husband.

DALLAS, March Nonie Boren Mahoney, one of the pioneer suffragists of Texas, who died at her home in Forney day, left an estate valued at 000, it was revealed in her will filed for probate here today. The estate, composed of real and personal property in Texas California, is left entirely to Mrs. Mahoney's 22-year-old son, Joseph Boren Mahoney, of Dallas. No portion of the estate is left to her husband, Joseph P. Mahoney, of Chicago, the will provided.

It also specified that no part of the estate is to be sold during the life-time of her son. SAN MARCANS COMING Members of Literary Society Plan Visit to Ney Studio. Members of the Pennybacker Literary society of the Southwest Texas State Teachers college of San Marcos will probably visit the Elizabet Ney studio In Austin Monday afternoon, March 29, according to a letter received from Miss Laura Wendt of the college by the Chamber of Commerce Wednesday. Miss Wendt asked for information on visiting hours at the studiomuseum. MRS.

E. P. MORGAN BARTLETT, March was received here Monday of the death of Mrs. E. P.

Morgan Sunday at her home in Temple, after an illness of some time. She was 80 a sissippi in 1845, and came to Texas old, having been ca born in Misin 1888 and had been a member of the Missionary Baptist church for 63 years. Surviving her are four daughters and two sons: Miss Ambie Morgan of Temple, Mrs. T. J.

Williams of Bangs, Mrs. R. J. Haney of Goldthwaite, Mrs. Maude Morris of Dallas, Brooks Morgan of Temple and F.

M. Morgan of Belfals. Funeral were held Monday at the residence of Rev. Charles F. Baker, pastor of the Freeman Heits Baptist church, with interment at the Beltals cemetery.

The pallbearers were: Active, Joe Williams, W. H. Engledow, W. F. Kelly, B.

F. Williams, B. Johnson and E. H. Lambert; honorary, Rector, W.

E. Weaver, H. G. Charlton and J. C.

Warden. State Deaths BARTLETT, March was received here Monday of the death of Mrs. Cal Yarbrough, aged 32, at her home in Belton Sunday afternoon. While she had been in failing health for some time, her sudden death from heart failure was a great shock to family and friends. The deceased, who before her marriage was Miss Cora Lee Perry, was born in Belton and spent most all of her life there.

She is survived by her husband and a little daughter, Doris, 8 years old; two brothers, Robert H. Perry, head of the department of English in South Park college at Beaumont; H. S. Perry of Camerillo, and two sisters, Mrs. J.

T. Ferguson of Glen Rose and Mrs. Frank Baker of Lampasas. Funeral services were held at the First Christian church Monday afternoon, the pastor, Rev. Frank Holmes, officiating, with interment in the North Belton cemetery.

The pallbearers were: Active, Sid Casey, Tom Cole, John Alvis Gillum, Curtis Durham and Mayor W. E. Tomlinson; honorary, H. M. Woodruff, Gene Foreman, Mack Philips, Howard Garrison, W.

A. Gilmer, C. E. Metcalf, Sam House, Sam McElroy and Geo. W.

Cole. MRS. CAL YARBROUGH FRED L. NIBLING BARTLETT, March was received here Monday of the death of Fred L. Nibling, a aged 57 years, at Belton.

Funeral services were conducted at the home of his brother, Albert Nibling, Monday by Rev. R. 0. Sory, pastor of the First Methodist church at Belton, assisted by Rev. Noble.

The interment was in Hill Crest cemetery sonic honors. The deceased was born and reared in Bell county, and was highly respected and honored by all who knew him. He is survived by his mother, Mrs. A. A.

Nibling of Motfat, Albert Nibling Belton and I Dr. George Nibling of San Angelo, and two sisters, Mrs. W. C. Hobert of Pecos and Mrs.

Will Grimes of T'emple. MISS JULIA STUBBLEFIELD GEORGETOWN, March Miss Julia Stubblefield, member of a pioneer family of this section, died Sunday, aged about 82 years. Funeral services were held at the First Baptist church, of which deceased had been a devout member for many years, Rev. M. Gettys, pastor, officlating.

Miss Stubblefield was born in Polk county, but this county in 1856, since which date Georgetown has been her home. She leaves one sister, Miss Sallie Stubblefield, and several nieces and nephews. She was related to the late Judge G. W. Glasscock, for Col.

George Glasscock, Georgetown' was he having donated the land for the original town site. FREDERICKSBURG, JULIA ESTILL March Miss Julia Estill, age 79, died at the Do Your Gums Bleed When You Brush Your Teeth Put a stop Creosene is a new, improved, pleasant to it before form of home treatpyorrhoea ment infected for pyorrhoea gums develops. which banishes this terrible disease by killing the germs, saves you a frightful expense and severe pain. Bleeding gums stopped in 12 hours; soreness disappears in 24 hours; pus clears up in two to three days; teeth begin to tighten in ten days, and it your trouble has not been completely eliminated in three or four weeks, get your money back. Creosene is sold by Greenwood Drug Co.

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All colors and sizes. TEXAS THEATRE Today, Friday Saturday "THE LOST WORLD" home of Judge J. T. Estill In Fredericksburg on Sunday afternoon after a lingering illness. Interment was in the city cemetery on Monday afternoon at o'clock.

MRS. HERMAN MANER FREDERICKSBURG, March Mrs. Maner, age 28, at the local hospital on Monday ning. Funeral services were held on Tuesday afternoon In the city cemetery, Rev. G.

H. Houy officiating. SUN TEST DOWN 1100 FEET LOCKHART, March Officials of the Sun Oil company, who are died drilling a test on the Mrs. J. M.

Cardwell tract northwest of Lock- hart about three miles, announce that the bit is now 1100 feet and in the Austin chalk. It 18 stated that the picking up of the chalk at this depth leads many to hope that some important results are yet to be picked up, as the chalk has been found much deeper in all of the tests that have been drilled in that territory. CHAIN GOODS STORE AT LOWER WORLD'S NATION-WIDE RELIABLE LARGEST QUALITY DEPARTMENT IC ALWAYS ORGANIGATION J0. PRICES INC DEPARTMENT STORES 204-206 EAST SIXTH STREET Easter Means a New Dress One of Our Silk Frocks, of Course Part of the feeling of Easter is surely the pleasure of appearing in new and handsome apparel! The Silk Frock is first in importance- that's why you'll want to select it here! At These Two Popular Prices We have prepared groups of Dresses at these two stunning prices -and the styles, materials, and colors in each group leave nothing to be desired! For women, misses, and juniors, $9.90 to $24.75 Your Important Easter Hat! It Must Be the Last Word In Style You've been thinking about your Easter Hat hoping you might find one superbly becoming- something different--and priced within reason. Such a Hat is sure to be among our many modes.

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