Fort Worth Daily Gazette from Fort Worth, Texas • Page 6

yvv iR parilla power timt 6 COTTON CROP a decrease BriffM Prospects of Midsummer Blighted by Continuous Storms Preventing Picking ThoTleld ol 188889 riaccd at Three Hundred Thousand Bales Less than Last Year on a Carclnl Estimate Memiiiis TEKKDec 10 Tho regular monthly cotton crop report to be issued tomorrow by Hill Fountaine Co Trill say The indefinite report of the burenu of ngriculture issued last month regarding the yield of the cotton crop of 18SS9 prompted us on November 2G to write GOO letters of inquiry to every section in the south and gather statistics as to the outcome of tho crop Tho response to these inquiries which bear the average date of December 3 have been carefully arranged by states and there can be no question as to the correctness of the reports received embracing as they do the knowledge of the factors the buyer and the planter The past season has been an unprecedented one hi many respects The plant was thriving well until early in August when a severe gale of wind accompanied with heavy rain swept over the south and continued for fortyeight hours The damage sustained from that storm which prostrated the plant was aggravated by continuous rain which fell during August and September The picking season Yegan the lutter part of September and nns renously interrupted by spells of bad weather which prevailed at short intervals during October and November which delayed the gathering of the crop and many bolls which were matured and ready to open rotted and decayed From every section of the south the sumo complaint is made of cotton open in the llelds and being damaged and de tioyed by the damp weather At no period since picking commenced has theio been ten days of continuous fair weather The supply of labor which was hitherto amplo and working well at this season is now reported scarce and very unsettled This is doubtless duo in soni respects to the recent national lection but in many sections of tho south the long continuous wet weather disheartened the cotton pickers who were daily becoming more involved in debt and they have desfWteH the cotton Held for more remunerative and steady wages on railroads and to assist in building levees Tho responses to our letters of inquiry enable us to make an estimate as to the yield of the present crop ol cotton which wo place at i710000 bales or in round figures about 300000 bales less than last year There is a general decrease reported for every state excepting Texas and Tennessee Ilcplies from the former were at variance some reporting anjtif creaso over last year while a majority reported Theftesj timato of Texas is ineiT ftf to a slight decicase but there is no doubt of a very large shoitage in tho northern half of the state Th greatest loss reported is fiom the Mississis fji Valley where in many counties theTrrop will fall shot fully i 413 per cent of last year Our estimate of 5710000 bales is the maximum yield and may be reduced by iucloment weather which would further retard picking and increase tho loss to the planter whose cot ion is now open in the Held but cannot be saved unless fair weather prevails DENTON Ben Paschal Who Killed It Owen in 1885 Surrenders Good Cotton Picking Weather Special to the Gazette Dkxtox Tjx Dec 10 Ben Paschal who shot and killed Owen at this place in January ISSj and who has been sojourning in other lands ever since came in today and surrendered to tho sheriff The matter created a considerable sensation at tho time both parties being prominent citizens of Denton and as Paschal was denied bail by tho district judge rather than remain in jail with outside assistance he managed to break jail and escape Since his escape he has been nearly all the time outside the United States A habeas corpus proceedings will be held tomorrow to see whether or not bail will be allowed It is the general opinion that he will be allowed bail which ho would be able to make in almost any reasonable amount He is now in the custody of the sheriff lie has agieat many friends here who are very solicitous in his behalf Finer weather than at present was hardly ever gvun hero this season of the jear Cotton is coming in rapidly to the delight of the business men It was feared that the frosts and recent rains would seriously damage the top crop but such is notiie case The great majority of tho late aop has already opened Tho blood thoisourco of health Keep it pure ijyjj Sking Hoods Sarsa whiohSfepeculiar in its curative F0RTS3LLT1I ft Creeks Charged with Murder Having Their Examining Trial Marshal nnis Djlng Special to the Gazette FoktSmith Ante Dec 10 James Larney Joe Tulsa Willy Still and Wau sassau tho four Creek Indians brought in last week on charge of being implicated in the killing of Moso Mcintosh on tho lfith of last month were examined today before United States Commissioner Wheeler to answer to a charge of murder There are fourothers still at largo who are implicated and as soon as tho friends of Mcintosh who are attending court go home they will make another effort to capture them Deputy Marshal John Carroll arrived today from tho Choctaw nation with Joe Alford John AVard Ben Hendrix George Ross and Jack Ross wlio wero with Sheriff Sanders and took pavt in tho killing of the notorious Kep Queen near Cura niore a few daysago VThe writ upon which they wero arrestedchargestheni with the murder The ro will boat once investigated A telegram vns received today by United States MarshaLCarroll stating that Deputy Marshal Lvm Ennis who was shotra few days ago yn the neighborhood or Goodland Clj faw nation by Andy Meeks was erected to live but a few hours MeJS is under arrest yCcamliiins Trial Concluded Epecv the Gazette Cro Tex Deo 10 The examina tionof witnesses in the case of the shooting ht City Marshal Thomas by John Xi CoLfcroye after being postponed from nfi OlcUKtjviis a 5 ild ifsd plerfsl tfgtiitf wETSy aUO 5 Ire Attachment at Fort Smith Special to the Gazette ForT Smith Aric Dec 10 Jacobs auctioneer and dealer in general merchandise was closed tonight by the sheriff on attachments aggregating 3010 one in favor of the First National Bank of Fort Smith 2315 owe Hermer Apple Abebock Fort Smith 300 Bar Seasongood Co St Louis 225 He claims to have a 5000 stock on hand The old question about the division of Turkey has come up again and today every good citizen should put in a full days work trying to settle it Tho time for Thanksgiving approaches for everything but the turkoy rYonk totime was concluded today and era Statesman Congreve stands bound over to the district court in a bond of 51000 As that court convenes today ho maynot have long to wait for trial The wounded man is still disabled by the injury received MYSTERY QUICKLY SOLVED A Farmer and Ills Wife Murdered In Cold Bipod by a Hired Man A Full Confession Louisvillk Ky Dec 10 Near New Albany Ind yesterday afternoon Jacob Mottweiler was found murdered about a quarter of a mile from his farm house and his wife was lying unconscious in the stable yard Mottweiler had been shot through the head while his wife had been stunned by a blow with an ax Mrs Mottweiler is still alive but as yet no statement has been obtained from her With the Mottweilers lived A Benson a laborer on the farm und Sally Snyder a servant girl The girl first repoted the murder to Jacob Schaffer a neighbor Sclmffer at once gathered other neighbors and took the bodies to the house where a coroners inquest was held the verdict of which has not yet been rendered Benson and Miss Snyder were at once put under arrest By separating them and telling Benson the girl had confessed that Benson and she had killed the Mottweilers Benson was induced to confess He said he was engaged to marry MKs Snyder She was found to be in a delicate condition and this gave rise to inquiries between himself and tho Mottweilers several days ago over which bitter feeling continued As he returned from hunting yesterday he met Mott weiler and shot him Coming on to the house he found Mrs Mottweiller milking and hit her a blow over the head with an ax He then went to the house and told the girl what he had done LAKEDO None of the Escaped Prisoners Captured Dirt Broken for the Kio Grande Bridge Special to the Gazette Laukdo Tix Dec 10 None of the prisoners who escaped Saturday night have been recaptured The criminal docket was taken up in the district court today and the cases of the prisoners who did make their escape wero continued Sheriff Sanchez has oftercd a reward of OO for the capture of two of the criminals who escaped Pablo Gonzales the rape Head and Trinidad Vitels who was brought from the United States prison at Chester 111 At 1 oclock today dirt was broken in New Laredo on tho foot and wagon bridge which is to span the Kio Grande at this point and connect the two Lar cdos Mr A Stulze of the Smith Biidse Company of Toledo Ohio is in the city superintending the work The gttgyiblo between ilhe company and the lmbjcipal aujtttutitics of New Laredo wtysgi has UjIjSyed the work has been atidftictoiily adjusted and the mayor wniid uneil were on the giouud today to safttho jcprlc begin 4ff Iailuro at Colliuswlle Special to the Gazette Collinsvillu Tix Dec 10 Laugldin Prichard dealers in general merchandise hero made an assignment this morning to A Taylor Their 6toek will probably invoice nioie than double the amount of their liabilities This failure is deeply regretted by our citizens as the firm is a deserving one A Gin Accident Special to tho Gazette Rhomb Trx Dec 10 Mr Lafortte Slimp sou of Major Slimp had his hand badly cut this morning in his fathers gin at Aurora TEMtELL A Dry Goods House Closed by Attachment An Improvement Noticeable in Trade Special to the Gazette TintUELL Tix Dec 10 This has been a lovely day the sun shining out after the rains that have been so disagreeable The dry goods house of Nebhut was closed by attachment to the astonish ment of man The following attachments have been run Harris Bank 1322 II Scott 467 Harris Briii 330 A Llovd SO Mrs A Carver 350 Frank Meredith 400 BS Nebhut 150 Lizzie Nebhut 150 Boweu Davis Stewart 110 SiSJ The stock is being invoiced and it is supposed there is a large stock on hand Judge Rainey is in attendance upon the the Masonic Grand Lodge District court will be adjourned until next Monday morning For the week or ten days trade has been better than usual This may bo accounted for on tho ground that farmers are just about through paying off their standing accounts and they are at liberty now to spend their cash surplus 3rmiut 1leasant Special to the Gazette Mount Plusant Tix Dec 10 In a difficulty between exMarshal Smith and a railroad man by the name of Tom Smith which occurred late yesterday evening tho railroad mau received three severe knife cuts receiving two cuts iti the right arm and one in the back He is dangerously but not fatally cut A farmer living two miles west of town brought in a sack of lead ore today which is pronounced by Colonel AVood a geologist as being a very rich run of lead ore The new twostory hotel erected by Mrs Petermau is now occupied by her It is tho best constructed building of the kind in this section of the state 1 vs the DALLAS The Council ol Baptist Ministers to Investigate the Charges Against Rev It Hanks in Session The Guests in the Tennessee Hotel Bobbed Uotli of Their Honey and Clothing Habeas Corpus Case Under Way Special to the Gazette tub twai of nrv iivxks Dallas Tix Dec 10 The council of Baptist ministers to investigate the charges against Rev Hanks met in this city tonight The following are the members of the council Law Smith II Carroll AT Spalding AM Sims BuckuesV Stribling Gillespie Williiiiii Howard It Clark Griffin 0 1 Burroughs Lloyd and A Harris The investigation will likely consume the whole week and will be heldj with closed doors The outcome is awaited with interest HOTrL llUItGLAIMZrI Burglars entered tho Tennessee hotel on Elm street hist night and mado a big go out and rustle some clothing for them lociir xoins The December term ol the district court met today The docket was called for the purpose of designating jury cases There will be no regular call of trial cases until after the holidays The habeas corpus case of Roll Hum phries chaiged with the murder of Stas was commenced this afternoon There arc fiftynine cases on the divo ree docket Judge Burke says he will qualify and assume his duties as district judge Tuesday the ISth rnliSOVAL AND MINOR NOTtS Sheriff Lewis bloodhounds wero sent to Collin county this morning OBrien Moore for some time past manager of the Texas bureau of tho St Louis Republic leaves tomorrow night for Washington to take charge of the Republics bureau in tho capital city Re Carroll I of Waco is in the city Chief of Police Jim Arnold left tonight for Houston to attend the meeting of tho Masonic Grand Lodge of tho state which meets tomorrow Twentytwo drunks were beforo the recorder this morning COUliT OF APPEALS Synopses of the Decisions Kcndered by Present Tiler Sitting of the Appellate Court the Correspondence of the Gazette Tvlek Tix Dec Albert Jackson State appeal from Smith On lotion for rehearing On a former day having had no sufficient grounds presented why that decision should be set aside the motion for rehearing is overruled Reheariiig lefused Hurt Albert Bain vs the State appeal from Hopkins Conviction for murder in tlio llrst degree The evidence is ample to tustain tho conviction There was no material error in the charge or any ruling of the court below No reversible error Affirmed Hurt Spence AVard vs the State appeal from Hopkins Conviction for murder in the second degree None of the bills of exception show error of a material character The charge was correct and presented the law as applicable to tho case No reversible error in the court below Affirmed Hurt Taylor Manufacturing Company vs Joseph II Brown appeal from Tarrant This case was filed at this branch of the court in August last It appearing to the court that civil cases from Tarrant county are returnable to the Austin branch of this court and that wo cannot entertain jurisdiction of this case at tho Tyler term tho same will be forwarded to tho Austin term 1889 White Anderson vs Wiley et al appeal from Ellis Suit by appellant to recover on a promissory note given by ap pellees together with a steam boiler and other apparatus to appellant for a steam engine which was warranted Appellees plead failure of consideration and iii reconvention for the boiler etc Verdict for appellees 1 The court did not err in charging the jury that if they believed from the evidenco that the note for 200 was given for an engine and that said engine was worth the money agreed to bo paid they would find for plaintiff If this be error it is in favor of appellant plaintiff below and he cannot complain 2 In a civil case where a party objects to the charge of the court below in order to have same revised in this court he should request a special charge on the point in question Tho judgment below was for ST Wiley and John Wiley the latter a surety on the note sued on The judgment is reversed and here rendered in favor of STWiley against appellant Roversed and rendered Hurt Gulf Colorado and Santa Fe Railway vs Abney Stout appeal from Denton Suit by appellant to condemn the right of way over the land of appellees 1 A proceeding for condemnation is not one by the land owner to have an assessment made of his damages or compensation for taking his land but it is a proceeding instituted by the railway coinpauy to ascertain what is a just compensation for the land sought to be appropriated and tire railroad must take the initiative and should have the right to open and conclude the case The court erred in allowing appellees to open and conclude the case Reversed and remanded White PJ City of Sulphur Springs vs Harris appeal from Hopkins Suit by ap pellee to recover damages for injuries sustained while walking along the streets of Sulphur Springs said injuries being caused by appellee being struck by apiece of timber projecting over the sidewalk Suit was instituted in February 1SS6 Judgment by default was taken in February 1SSS Immediately after judgment by default was taken appellant moved that appellee give bond for cost which was overruled A motion for a new trial was overruled and this appeal is prosecuted 1 The motion to make appellee give bond for cost after judgment by default was properly overruled 2 The petition alleged that appellant was a public corporation and that it had charge of tho streets that the ci knowingly and wilfully permitted the HJ struction to remain upon the sidewalk whereby appellee was injured in the night time on his way home whei was struck in the face without negligence on his part whereby he was greatly in jured ete to bis damage 500 Held1 THE GAZETTET OUT WORTH TES STTUESDAY DECEMBER 11 DR SCHEIjp ULMONIcf all affectio It ripens and loosen Sllelps thretu ctes white othi S3 Do not farwSuasJ Jpr Br Schencks new and admirable trtagjaalEf Lungs the Liver and the Stonacli TjySv tffeii diseases and cure It abounds in cxeftjHit information and will give jonldeas abouttflwje vital organs and the laws nsver fed Itids the Lungs of purulent matter acs and heals the sjke spots Maker new blood rqEUlelps circn YRUP Is the oldest and best eSiblished medicine for direct treatment of Consumption and circulation Prevents other depcajjs of tubercles flSsh and spirit of health you before Sent free DR vSCHiNCKS ledies fail MEDICINES ykfenELY VEGETABLE PULMONIC 1PUP SEAWEED TONIC AND MANDRAKE PILLS Are for sale by all Druggists Full printed directions with each picuace Address ail communications to Dr Schenck Son Philadelphia Pa haul both in clothing and money The guests all say they were drugged and The allegations of the petition were sulli robbed They were compelled to stay in cient and was good at least on general bed this morning until the landlord could demurrer No reversible error Af firmed Hurt High vs the State appeal from Smith Conviction for murder in the second degree Defendant an officer at the depot and empowered with authority to do so ordered the deceased to get off the platform He also put his hand against deceased to shove or push him off Deceased cursed him told him not to shove him or he would kick a lung out of him Defendant cursed back told deceased if he goi upon the platform he would push him off Deceased shook his list in defendants face and as defendant pushed or shoved him nwuv deceased sti uck him a severo blow in the mouth which knocked out a corner tooth and sent him staggering several feet against the side of a car which prevented his falling entirely upon the ground As soon as defendant could recover hiniselt and straighten up he drew bis pistol and immediately fired tho fatal shot at the deceased who was standing within a few fett with his list doubled and drawn back as though intending to strike again 2 If defendant had already received serious bodily injury at the hands of deceased and it reasonably appeared to him from the acts and conduct of deceased that the combat wa3 not over that he was about to receive additional bodily injury fiom deceased that deceased had the ability to inflict the injury that the danger wns threatening and imminent and under such circumstances and so believing ho shot and killed deceased then under the law and under our statute he would be justifiable upon the ground ol his necessary selfdefense and if a jury should so believe they should acquit him The court erred in failing to charge upon this phase of selfdefense 3 The front tooth is not used in terms in our code as a member of the body but we think it clear that it conies within the import of the word member as used in the code and in common acceptation and under the authorities we believe that as to the front tooth the court may well assume that it is a men of the body without submitting the qustkm as one of fact to the jury We arc of opinion that the court erred in refusing to submit tho law of maiming in connection with defendants riirht of self defense Reversed and remanded White Js SAX AXTOXIO Crushed to Death by a Freight Train An Old Teian Dead Mexican Consul Called Home Special to the GazetteS Ani ovio Tix Dee 10 Frank Rhodes a carpenter living at San Marcus station fell under tho wheols of a moving freight train near that station tonight and was so horribly mangled that he died this morn ing He leaves a large family Captain William II Prescott onooftho oldest citizens of San Antonio died at his residence on avenue this morning and was buried in the afternoon He was born in England had lived here forty two years during which time he was one of the most extensive merchants in the southwest Ho was seventytwo years oldDr Dr Ornelaswho has for many years been Mexican consul at this city was called to the City of Mexico yesterday on an urgent telegram from President Diaz It is generally believed that he is to be tendered an important portfolio in tho new cabinet of President Diaz Andrew Laager a stonecutter aged twentythree was found dead in the rear of the Washington theater this morning He attended the performance last night drank freely and is supposed to have died of intoxication The entire time of tho United States district court today was consumed in the trial of a motion made by the attorney of Sam Neff charged with participation in numerous train robberies to quash the indictment The motion was overruled by Judge Maxey at a late hour this afternoon and the trial of Neff will bo proceeded with tomorrow ALYORD A Frost Brought From the Territory to Answer the Charge of Horse Stealing Special to he Paiettc Alvoud Tex Dec 10 Constable Morris came in this morning with one A Frost whom he arrested in the Indian Territory on a charge of horse stealing Frost came hero about ten days ago from Arkansas claiming that he wanted to go out in the country a short distance to secure a school for the winter Rogers a book agent here who lives in Johnson county thinking it a good opportunity to increase his pocket change tho value of Si agreed to hire Frost his horse After getting tho horse und rig of Rogers Frost left in a north direction and on reaching Pella six miles from this place ho traded the horse for one of his own receiving tho difference of S1750 From Pella Frost went to Montague where he sold the horse and getting a man to convey him to the nearest station Belcher on the Missouri Pacific Railroad he took passage for the Territory Morris caught Frost near yinita His trial is set for next Monday We are having nice warm weather and are 3ng in ull time gather iugx on rh they thought the bad wtth ofefhfi past three weeks had de tyfW iQ tt Josepfi tWV HOE DOUBXE CYXIMBEB yrrii ALL IN PERFECT WORKING ORDER AND Our increasing business necessitating more rapid machinery and having put in the Latest Improved Perfecting Press and outiit we now offer our present The Press is one of Iloes jSTo 8 Improved BoxFrame Extra Heavy DoubleCylinder Presses Capacity 3800 per Hour We have worked it to 4000 The Press was purchased new from Hoe Co five years ago It has si Attached to each end that Cuts Pastes and Folds a SevenColumn EightPage Paper These Folders are in perfect working order Original price 1000 each This machinery is in firstclass order and the FIST Of iTS li HIE STATE Will fee Sold at a Reasonable Figure for Casli This is an excellent opportunity for a Daily Paper or Large Weekly to secure a firstclass office Por further particulars address or call on PUBLISHERS GAZETTE Fort Worth 1e i TaTras si A.