The Austin Weekly Statesman from Austin, Texas • Page 5

AUSTIN WEEKLY STATESMAN, THURSDAY, FEBRUARY 18,1886. 5 GOVERNMENTAL. WHAT IS GOING ON IN THE DEPARTMENTS. AN EPITOME OP WHAT WAS LEARNED AT THE JUDICIAL DEPARTMENT. The attorney-general has returned from Dallas, where he went to argue a demurrer in the Francklyn Land and Cattle Company case, now pending in the United States court.

It was postponed, however, to await the result of the investigation to be made by the joint commission appointed to determine and fix the boundary line between Texas and the Indian Territory. EXECUTIVE DEPABTMENT. The governor yesterday received the following letter from Ben E. McCulloch, assistant superintendent of the Hunts-ville penitentiary. Huntsville, Texas, Feb.

13, 1886. Hon. John Ireland, Governor of Texas 5 Deab Sib I cannot refrain from saying to you if no death occurs between now and Wednesday, (17th) that it will have then been three months since have had a death in this prison. I havj examined the hospital records as far back as they have been kept, and fail to I find a ftimilar record. Yours vhpv trnlv.

Ben E. McCulloch. The governor yesterday appointed A. W. Mills and Marcellus Kleberg, of Galveston, special judges to try the cause of M.

E. and S. W. Miller vs. the Gulf, Colorado Santa Fe Railroad company, in the supreme court, vice Judges Sawnie Robertson and A.

H. lllie, disqualified. HTATB DEPARTMENT. 1U WHO UlHlUUHHH JGClUjiU.lJt Lilt? iUi" lowing charters were tiled: The Uvalde Publishing company; capital stock, $1,500. The object is to publish a newspaper and transact a printing and publishing business in the town of Uvalde, Uvalde county.

Incorporators: T. H. Piper, O. Ellis. V.

Beaumont, Geestar Mueller, H. W. Baylor, C. W. Watt, James McCann, Jno.

II. Clark and J. J. H. Patterson.

The Dallas Greenville railroad company; capital stock, 800,000. Tho object is the construction of a railroad and telegraph line from Dallas to Greenville, Hunt county, through tho counties of Dallas, Rockwall and Hunt. Incorporators: H. M. Hoxie, D.

S. II. Smith, Goo. L. Smith, William Kerrigan, and E.

G. Merriani, of St. Louis; M. A. Baker and F.

A. Rice, Houston; G.J. Gooch and N. AV. Hunter, of Palestine.

The First Missionary Baptist church ot Pecos City, filed a charter yesterdav in the office of secretary of state. Yesterday the Texas Telegraph and Telephone company, of Galveston, capital stock $100,000, filed a charter. Incorporators: G. B. Miller, Justus J.

Schott, Jacob Weinberger. Nicholas Weekes, P. S. Wren, James S. Montgomery and David Hall.

The object is to construct and maintain general 'elegraph and telephone lines throughout the state of Texas. In this department, yesterday, there was tiled the charter of the Star Cracker and Manufacturing company of Fort Worth; capital stock $20,000. Incorporators: Thomas Don, M. C. Wright, F.

A. state land board. Secretary Laurence and his clerks were busy all day yesterday with letters and land papers. The inquiry for land continues and it is probable there will be a large increase in the number of bids at the next award. The commissioner of the general land office addressed an important letter to the governor and attorney-general yesterday, calling their attention to the condition of some old Spanish land grants, the titles of which are not on file in the general land office, and recommending that when they are in controversy in the courts, that the state be made a party in the suits to determine the proper ownership, with a view, perhaps, of having the grants, or at least, a portion of them, revert to the The matter is of importance, and its final disposition will put an end to a great deal of litigation.

The forfeiture of lands already made by the land board was for interest due for the year 1884 and not for that of 1885, as some think. The interest for the latter year was due on the 1st day of January, but forfeiture does not occur until after August 1. The following is the roll of the grass commissioners and the counties which compose their respective districts William M. Baines counties El Paso, Reeves and Pecos. Post office address, El Paso.

General Henry E. McCulloch Presidio, Val Verde, and Kinney. Poet office ad dress, Marfa. J. D.

Stephens Tom Green, Nolan, Fisher, Runnels, Concho, Scurry, Mitchell, Howard, Dawson, Borden, Martin, Mid land, Gaines and Andrews. Post office address, San Angelo. G. M. Swink Stonewall, King, Cottle, Childress, Kent, Dickens, Motley, Hall, Garza, Crosby, Floyd, Briscoe, Lynn, Lubbock, Hale, Swisher, Terry, Hockley, Lamb, Castro, Yoakum, Cochrane, Bailey and Palmer.

Post office address, Dickens' Ranch. W. T. Gass Lipscomb, Ochiltree, Hansford, Sherman, Hemphill, Hartley, Moore, Hutch-Ins, Roberts. Wheeler, Gray, Carson, Potter, Oldham, Deaf Smith, Randall, Armstrong, Donley and Collingsworth.

Post office address, Clarendon, Donley county. LAND OFFICE. It turns out that the four negroes to whom veteran certificates were issued, first made their application in 1882. The papers were spread out before the county judge at that time. Ihe papers were sent direct to Col.

Frank W. Johnson, who was then president of the veteran board. It was supposed that those papers now being in the capitol, and other papers were proposed and duly cer tified to before the present county judge of -Brazoria county and these last papers sent him, and it was upon these last pa pers that the certificates were issued. It would seem that two county judges had passed upon the rights of these parties, and that they thought the claims were just and that the parties were entitled to their certificates under the law. Both of these county judges are lawyers and men of the highest acier, as we are informed.

In the his tory of thia matter, it would not appear that any one attempted to practice any fraud upon the state. To the "contrary, it would seem that the applicants themselves and the county judges and lawyers thought the four negroes were entitled to certificates. There is no descnmination nnder the law as to race or color. Several negroes have drawn land certificates and are now drawing pensions, and the state officials know, and have always known, that they are negroes. They are entitled because they have received their bounty lands and discharges, and they are on file at the land office or comptroller's office.

May not these four negroes be also entitled to their land certificates and pensions? They have proved up that the served in the Texas army in 183(5. The treasurer has paid abont $15,000 of school warrants- since the 1st of the month. The attorney general is expected home from Dallas to-morrow. Up to a late hour esterday no news had been heard from him as to the disposition of the suit of the Francklyn Land and Cattle company. The adjutant general will be home in a few days.

Captain Seiker reports everything distressingly dull on the frontier, the population out there being emi nently peaceful just now. When the grass rises, however, it may be different. Mr. McClellan, of Donley county, tired no doubt, of the slow progress made by the land board in disposing of the public free school lands, has advertised to make a big sale on March 2, of a large number of sections on his own account, ihe advertisement was sent to the state land board, and yesterday a special session was had, at which Hon. rank Lubbock, Hon.

W. J. Swain and Hon. Wm. Walsh were present.

The following resolution was passed: Whereas, It has come to the knowledge of this board that one T. S. McClelland, of Clarendon, Donley county, Texas, has advertised and proposes on the first Tuesday of March, A. D. 18Sfi, to sell to the highest bidder a large number of sections of of school lands situated in Donley land district; and Whereas, This board is by law exclusively charged with the sale and lease of this land through such agent or agents as it may select, therefore lie it Resolved, That all authority to act as agent of this board heretofore extended to Mr.

T. S. McLelland, of Clarendon, Donley county, Texas, is hereby revoked, and no act of his as such agent will be respected after this date. The board then appointed Mr. T.

Gass to fill the position. executive department. On yesterday the governor received a printed circular from a Mr. Dodge, president of tho chamber of commerce of San Francisco, who appears to be dodging around on the political question, relative to the importance of uniformity in the election system of the country. He sug gests the following: First Ballots of uniform size and color, texture and appearance when folded.

Second Protection to voters in selecting and depositing ballots. Third Fewer precincts but more ballot bsxes and clerts. In cities where many polling places are now provided with a small number of clerks as officers of election, the duties are slowly accomplished and there is a possibility of collusion. Fourth The best mode of counting ballots while the vote is in progress. Fifth- Preservation of the ballots until the count is fully verified, and in case of legal contest, until the decision of the court is rendered." The governor replied as follows: Henry L.

Doclfio, Chairman of the Board of Com-mcire, Wan Francisco, C'al. Sib I am to-day in receipt of your favor of date, asking me to urge upon congress to pass a general election law for all the states. Appreciating your anxiety for tho purity of the ballot box and election laws in some of the states, I must respectfully decline to comply with your request for the following reasons: First I believe the people capable of local self-government. Second While congress has the right to regulate the mode and manner of electing members of congress, under article 1, section 4, of the constitution, it has no such authority in local elections of the several states. Third The states could not, without express authority to be found in the constitution, relegate such authority to the congress of the United States.

And lastly, congress could not, even with the assent of the states, without constitutional authority, enact any law on the sub ject. You will observe that I am not yet pre pared to surrender all power and rights of the states. I am, very respectfully, your obedient servant, John Ibeland. CAPITOL BOARD. The capitol board held a secret session yesterday, to consider a letter from Architect Meyers, relative to plans and specifications for the building, and the heating apparatus.

For some time, it seems that Mr. Wilke has endeavored to get them, so he could advertise intelligently for contracts to complete the work, but so far, Mr. Meyers has either refused or neglected to to furnish them. Indeed, it seems that he has advised Mr. Wilke to go ahead and make a contract with a certain party whom he names, and whom he says is willing to do the work for a certain sum, and that the plans and specifications will be subsequently fnrnished.

This, eminently satisfactory, no doubt, to M. Meyers, is not agreeable to Mr. Wilke, and he laid the matter before the board, hoping that something would be done to compel the furnishing of the necessary drawings. No definite action was taken yesterday, but the matter was postponed for further consideration, and, possibly, to await the return of the attorney-general from Dallas, when it is said he will be consulted, relative to bringing suit against Meyers and his sureties, to compel him to provide the necessary papers. Meyers is under bond to the state in the sum of $50,000, and it is his duty to fur nish any and all details required for com- Tjleting the building The attorney-general is expected home this morning.

comptroller's office. All hands were busy in this office yesterday, especially the book-keeper, Mr. Harrison, who was busy with the accounts of tax collectors. The comptroller turned over to the treasurer $7,500 to the credit of general revenue, and $3,500 to the credit of the available school fund. attorney general's office.

Yesterday Attorney-General Templeton left for Dallas, where no iur8rew murrer to-morrow before the United States court in the case of Francklyn Land and Cattle company, vs. G. W. Arrington, tax collector of Wheeler county. This is the rh Frnncklvn company ob tained an injunction in the United States court, restraining Arringiuu mu lecting taxes cn the property of the com 1 pany which is domiciled in Greer county, on the plea that Greer is ot a part of Texas.

insurance department. The reports coming up fro the insurance companies doing business in this state are anything but favorable. Some of the companies show that during the past year their losscs amount to eleven per cent, more than their gross premiums, and to this must be added the expense of conducting their business. Altogether the year 1885 has been a bad one for the insurance business in the Lone Star state. comptroller's office.

A few mornings ago The Statesman contained a tabulated statement of the taxable value in the organized counties to be $005,281,576, to which must be added the ap. roximate assessed values of lands in unorganized counties, owned by non-residents, amounting to $15,730,413, making the grand total of values in the state an increase over the values of 1884 of $18,000,000. The total state tax for the year 1885 is $2,849,183.39. The comptroller yesterday paid to the availabe school fund $50,000. attorney-general's office.

The attorney-general has information from Donley county that out of 75 cases for violating the land law, 50 trials were had without "nary" conviction. A list of the grand and petit jury sent down from there, and which is appended, throws a flood of light on the "why is this thus." GRAND JURY. Charles Goodnight, foreman; H. Taylor, nephew of and employed by Goodnight; S. C.

Bowls, foreman for Rowe Brothers' ranch; W. B. Krogle, fence contractor; E. F. Graham, farmer in Hill county; A.

S. McKinney, foreman of Carhart's ranch; John Pate, foreman of Coleman J. E. i arrington, manager of the CJuintaque ranch; W. A.

Cwmpbell, employed by Goodnight; A. C. Shurick, foreman of Lacta Suggs; S. T. Martindale, teacher at Clarendon, petit juiiy.

Mc-Frogge, employed by Goodnight; W. S. Sweet, of Arthur Trindalu's ranch; J. H. Wood, Goodnight's fence-rider; W.

H. Oliver, foreman for J. F. Evans' ranch; J. C.

Phillips, resides in Clarendon; George Pullins, employed by Goodnight; N. L. Fullins, employed by Goodnight; J. J. Stanlor, of Donley county J.

B. McClellan, brother of the county surveyor and agent for Goodnight; Hay Phillips, son of J. C. Phillips, resides in Clarendon; Jno. Echinan, employed by Goodnight, and S.

Tabor, fanner, of Donley county. There were six cases against Mr. Goodnight brought, the indictments being found, perhaps, by his grand jury to be demolished by the petit fellows, all of which reminds one of the man who constructed a castle of straw and then knocked it down again. comptroller's office. The comptroller yesterday deposited $2,000 to the credit of general revenue.

The amount of tmes paid by non-residents this year, directly to the comptroller, amount to the sum of against $50,000 last year. THE PIIlLLirS CASE. SYNOPSIS OF THE EVIDENCE WALKER YESTERDAY. Yesterday quite a crowd gathered at the district courtroom to hear and witness the progress of the habeas corpus proceedings in the case of young Phillips, charged with the murder of his wife on Christmas Eve night. Dr.

Graves was put on the stand to les tify as to the physical condition of the defendant. He stated that about two weeks ago, at night, he was called to see the defendant and found him suffering from nervous prostration, and that, on yesterday, he made 'an examination, and found his wound discharging pus above the ear and slightly swollen below. He gave it as his opinion that confinement to the jail would be injurious, and possibly dangerous, to his life. He did not think that the staggering walk of the defendant was caused directly by the wound but he could not say so positively. It might be from the effects of fright, or a severe nervous shock.

Again, the blow inflicting the wound may have injured the brain and caused the staggering walk and extreme nervousness in the defendant. Dr. Cummings had carefully examined the wound and thought that confinement in the jail would be injurious to his health if not dangerous to his life. He could not state positively that Mrs. Phillips had been outraged, but there was some evidence that such had been the case.

He did not remember the exact position of the fatal wound, whether it was across or straight up and down on the forehead. He was under the impression there was more blood on the back gallery than anywhere else. He also saw blood in the room and on the floor of a passage way. Did not not notice blood on the body or lower limbs of the deceased. Dr.

Litten, like Dr. Cummings, could not state positively that she had been outraged. He observed no blood on the body of Mrs. Phillips. The wound, about one and a quarter inches in length, commenced at the top of the forehead and extended to the base of the nose, the top of it (the wound) being depressed about one and a quarter inches, while at the root of the nose the bone was very little depressed.

The wound on the side of the head was a horizontal one, while that on the forehead was perpendicular. Of this he was satisfied, and was surprised to see the edges of it so clear as they were; that is so smooth cut through the bone. This characteristic attracted his especial attention, as it was something unusual. He did not think it safe to confine him in jail. Mr.

Phillips, father of the defendant, was placed on the stand and a-ked by Judge Walker if he, the defendant, could give a $2,500 bond. "He can." Judge Walker then agreed that some evidence be presented him on which to hold the defendant. After consultation it was agreed that Mr. Moore should repeat to the court the testimony as given before Justice Von Rosenberg, Mr. Wbeeles, the stenographer, being absent, and he proceeded as follows: The testimony ef Mrs.

Phillips was that she entered the room of her son and saw him and his wife and child in bed, he lying on his right side with his right arm extended, the child lying on his arm, while his wife's head rested on his hand. This was about 11 o'clock or a little after on the night she was killed. Between 12 and 1 o'clock she was aroused, and going into the room found the bed just as she had left it, with her son lying on his back, wounded and bleeding profusely. The child was setting up in bed with a piece of apple in its hand. The light was dim and no ore ojuld have gotten between the bed and the north wall, or between the head of it and the west wall.

She notified Mr. Phillips, her husband, and he soon came in; then Mr. Allen, and then M. Brown, a police officer. She was in her stocking feet, and her son on the bed had on his socks.

So far as she knew, her son was not jealous of his wife. She stated that some time before, her son had a difficulty with Campbell, and with his father, and that on that occasion he kicked out a panel of a door. That Phillips' wife then went to Manchaca, and on her returning she went to Elgin, where her husband and Mrs. Creary went after her. That hor son and wife went to Williamson county the early part of the year 1885, and remained there until the latter part of December.

On entering room after the murder she found laying on the bed. between her son and the outside rail, an axe with blood on the handle. It was lying on the sheet and not on the top of the cover or quilt. That the blood from his wound ran down tho bed almost to his hips. No blood was seen lower than this, except a few drops which had possibly been thrown there by his hands, as he was moving them about his head and wringing them as if suffering from great pain.

He was undressed, with the cover ovor him to his hips. Her son realized that something terrible had happened, but could not answer, intelligently, questions asked him. Some days after tho occurrence he asked: "Mother, is Eula dead?" "Yes, my son, she is dead." "Then I'll go to hell." So far as she knew, he was not jealous of her. On the night of the murder, she found Eula's clothes under tho foot of the bed. They wore folded up by some one and placed in a trunk.

"Did anyone else see tho clot lies besides yourself?" "I don't know." "Do you know who folded thorn up?" "No, sir." "Do you know who put. them into the trunk?" "I do not; I found them there." cross-e'xamined. By Major Walton: Jimmy and Eula were at home nearly till the day of the murder. We ate dinner about 4 clock. Had no supper.

Byttfeen 5 and ti o'clock Jimmy said ho would go down to Mr. Booth and pay him for some furniture. I said to him if he did he would not get back until i) o'clock. He replied, bo back in fifteen minutes, and he went and returned in about that time. Ho and his wife and child then went into their room and Jimmy laid down on the bed and commenced to read a novel.

It was a little cold, and they having no fire in the room Eula and the child came into my room and staid where there was a fire. After which Jimmy came in and sat down, and said he had the blues because he did not know where he could obtain work. We talked some time, then he and Eula and his child got up to go to bed. As Eula left the room she said she was hungry for sweets, but I told her she could not have ony that night but to-morrow she could eat sweets to her heart's content. I afterwards got a plate of nuts and five apples and car-them to their room.

A short time after II o'clock I again entered their room to get Jimmy to show me how to spin a top. They had eaten the nuts and had the apples in their hands. Some time after that I was aroused by hearing Jimmy call "Oh, mamma, mamma; Eula, darling, where are you?" I entered the room in my stocking feet. stated thot on one occasion, Ru his house, defendant, while drunk, had a difficulty with his wife, and threw a tea cup at her. The wife and her sister who was present fled, followed by Phillips with a case knife.

Mr. Mc-Cutcheon pacified him and got him to go to bed. He stated that they moved from his house about the latter part of November. He, Mr. McCutcheon, came to Austin some three or four weeks before the killing and walked with young Phillips to the depot, saying to him "Jimmy, you ought to quit drinking, you are mining yourself and making your wife miserable." Jim said "1 am going to, but 1 have the blues now." "Do you believe my wife to be too fast?" he asked.

"I don't know, but I think she is vir tuous, but talks too much." "My mother thinks she is too fast. If I thought she was not virtuous I would kill her and then kill myself." He was under the influence of liquor at the time. Mr. Allen stated that about half past 10 o'clock he came up from his place of business and heard voices in Mr. James Phillips' room, which he took to be Phillips and his wife.

About half past 12 o'clock he was aroused by Mrs. Phillips, who said, Suddy is killed and Eula is gone. He dressed and hurried into the room by the west door, which was partly open and he saw the defendant aa described by his mother, then he went to the police station and notified the officer there, then went after Dr. Litten. He stated that the axe used was his and that during the evening it was lying in the yard, not far from where the body of Mrs.

Phillips was found. He also saw bloody bare fojt tracks on the gallery and in the room. Near the body of Mrs. Phillips was the alley fence, over which he thought somebody had crossed, leaving the imprint of bloody hands. He also saw evidence of some one having jumped from the yard of a neigh bor into that of another, On going down the alley he found a clod of blood as if it had been thrown off from a foot.

The dogs were put on the trail, and followed it some distance to a point where Justice von Rosenberg thought the man hud stopped and put on his shoes, and beyond this point the dogs refused to go. He never saw them enter the house. Mr. Eanes testified that after the defendant's wife left him, Jim came to his house looking for her, and said, She's left me," and as he did so he drew out from his pocket a knife, and intimated that he intended to kill her. He (Mr.

Eanes) went by Phillips' after she was murdered, and thought he discovered blood in the alley over which some sticks had been placed. Delia Campbell, sister of tho defend ant, stated that her brother was jealous of his wire that his wife left him, and went over to Fanny Whipple's, she (Mrs. Campbell) hiring the hack, and that from there they went to Mrs. Tobin's, both places being assignation houses. She knew that she was untrue to her husband, and that she made engagements to meet young men that she went to Manchaca and Elgin, and returned that her last engagement was to meet a man on the 23d of December.

Miss Burditt, sister of Mrs. Phillips, testified that he (Phillips) was jealous of his wife, and that when she would mention the name of a young man, he would ask, "Where the devil did you get" acquainted with him?" She did not know that he had any cause to be jealous, as she never saw her act in an unlady like manner in her life. Funny Whipple's testimony corroborated that of Mrs. Campbell's. May Tobin testified that she had known Mrs.

Phillips about months. That she, Mrs. Ti bin, kept an assignation house and that Mrs. Phillips came there about 11 o'clock on the night she was killed, and that she talked to her about five minutes. Another witness stated that he and two other young men were passing along by Mr.

Lewis Hancock's house and they heard a noise over in tho direction of the Phillips house. They heard some one with a man's voice cry, "hush darling," then a light was struck. Then some one in the voice of a man called, "mother." Then a woman's voice, "mercy, murder," and then they, the young men, ran to the police station and notified the officers that there was trouble at the Phillips honse. Mr. Allen was then shown and recognized the piece of scantling found lying across the body of Mrs.

Phillips, which he said, on the morning of the murder, had blood on one end of it. Adjourned till 4 o'clock. afternoon session. Court met promptly at 4 o'clock. J.

H. White testified: "I was at the Phillips place on the evening of the 21th of December and saw the body of Mrs. Phillips, her head lying toward the southeast near a partition fence. I noticed two or three drops of blood on a post and a mark on the top rail that I took to be made by the thumb of a person going over the fence. I noticed no tracks that evening, nor did I notice any near the fence at any time.

I went up the alley tho next day about daylight, and found what I took to be a bloody track about thirty feet up the alley. I measured it, and as well as I could judge it was 4' inches wido by 10' inches long. I also measured the tracks on (lie gallery of the house, and they measured the same as the one in tho alley. The bloodhounds wire put on tho trail tho afternoon of the day after tho murder. Mr.

Yon Rosenberg and the man who had tho dogs in charge and, I think. Nat Johnson was with them. I saw them first in the alley, and I followed them to near the military academy. I made a memorandum of the tracks I measured." Cross examined "I got to the Phillips house between half past twelve ond one o'clock, and when I first saw the body it had not been moved. I was at the Hancock place when I heard of tho Phillips murder, and when I reached Phillips' there were a good rrnvy people thefe, but I do not remember w.i.i they were.

Tho soil was sandy and gravelly in the yard but I could distinguish tho fall of the foot distinctly. No track was found but tho one in the alley. The distance from it to the blood on the fence was about fifty or sixty feet. I am not mistaken about the measurement. I measured the track carefully with a tape line.

The track on the gallery was in blood, 10' 2 inches long by 4 2 wide. The track in the alley I measured with a piece of paper. I found two or three tracks in Jim Phillips' room, coining out and going in, and I found one near the foot of the bud and I measured it, and it was the same size as tho others in width. I could not get tho length." W. D.

Sheeley, testified I went to the house- of Phillips about 9:30 o'clock Christmas day, and met the party with the bloodhounds about 4 o'clock on West avenue. Justice von Rosenberg, Matt. Johnson, and Officer White were following them, with others following in the rear. I followed thoin about two miles west of the city. We found on the line of the trail the' dogs were following tracks which we considered suspicious, those attracting the most attention being found on Blanco street.

The dogs ceased to follow the trail on the old Cook property, about two miles west of tho city. Tho dogs went into the yard, and we searched a negro cabin, but found nothing supicious. When I first saw the dogs they were on Went avenue. I don't know what tracks they were following. Mr.

Allen testified that he was with the dogs when they passed out the alley. They did not seem to manifest any interest in track. They did not go to it and smell it, and I don't know whether they looked at it or not. The testimony closed here. Judge A.

S. Walker then rendered the following: "Ex-parte James A. Phillips on habeas corpus; February 16, 1880." The sheriff made returns, showing commitment upon charge of murder of Eula Phillips, in Travis county, December 24, 1886. The testimony heard. The counsel rehearsing (by consent) the testimony taken before Justice von Rosenberg.

Other testimony as offered by counsel for the parties. No arguments. Ordered: That the defendant be admitted to bail in $2,500 for his appearance at next term of district court of Travis county to answer to the charge of murder. Given under my hand, etc. A.

S. Walker, Judge ot the District Court. Mr. James Phillips, gave bond last night. THEIIt THIBL'TE.

The world had scorned him to the wall Had turned hln canvas: hunt not to the call Of ipnltiH Rpcaklnn clear And asking to tie heard. Near Was a canvas on the easel-stand, A palette In the frozen ham), One niuht, when some one came, Swept by a eudden fear, to sneak bis name. Ttie broken chair was in the old, old plate, Hut on the silent. lieHeefiil face Was no desire. The world it bore lilm forth in state 'arved letters on the royal gate To Kpeak his name, And wrote it on the scroll of fame in gold: Hut then, the broken heart was cold.

Ueorge Klinger in Frank Leslie's. "Let me write the ballads of a nation," said a wise man, "and I care not who makes its laws." This is true, and it may also be said that the discovery of St, Jacobs Oil, the conqueror of pain, has been of more value to the world than the finding of a comet. OX THE PAD. ANOTHER UURGLAKY ON EAST PECAN STREET. Monday night burglars entered the wholesale liquor house of Mr.

Martin McCarty, No. 209 East Pecan street. They gained admission through a back window which, it is supposed, had been overlooked and left open at the closing hour Monday evening, the CASH DRAWER, in which about $3 had been left, was rifled and the money with $1 worth of postage stamps were stolen. In addition to this, McCarty thinks that at least 00 fine cigars were lugged ofr. There are no clews as to who the marauders were.

-AND CONSUMPTION CT3 SWEET QUm or AND The sweet as Kntrterert from treo of the mine tin me. KrowInK along the until! stream In the Souiheni Sttiten, tiuitnies a cti.NulHtfng expectorant principle tlmi l.t'nK the phlegm producing theeiirlv ninri'iei; i-ecvh. mill Kiltmilaten the child totlimwoiniiei 'ili eiiieinliraiiolncroiip and witen coim-lnetl with the heitltnu imielhiiTlnieiH principle in the mullein phint of the old HcliK presents In Taymih'S I'MKIIOHKK HmiKI'Y llKSUTK'Mit'M AND MlIL- I.KIN the lines! known reme.ly I'orl'oiiuhs. Croup, mid so pain, tuble, tiny child I- leetiM ii to ml II. Ask your driiwlst fur It.

I'rlej ttlSe. end HSl.OO. iVai.TKK A.T v.i. Aiiuntn.Oa. A JP3 ess9 CURE9 AliDISMSUGFTOC JJVEH KIDNEYS STOMACH AND BOWEtSJ ALL DRUGGISTS PRlCEl DOLLAR.

rm Dyipvpila, General DttUlltyi Jfcomdio, Hattltual Conttlpa tlon Uvv Complaint Slok HadaohDUeaidKlU Eto.t Etc. only the Purest Dragg, among Whloh nay be enumerated fSlOXLT ABB liSZ iXO 8IB11IS, XAOTBAZE, 8T7CHTT, ttSSl, ltd It cleanse the 1781001 thoroughly, and aa PURIFIER OF THE BLOOD Xi Uneqoaled. It 1 not an Intoxicating beverage, nor eat It be uaed aa auoh, by reason of IU CatytrtK Propertjga. PRICKLY ASH BITTERS CO. Sole Proprietor, T.

LOUIS AN0 PvNSAA CITY. It 1 Ktlmble Rumour lor Liver CumiiUinU tnd illicauM! Br tdtranfed ur torpid condition of tlx Llr, D- Srpain, Conitlprtlon, BIUouiimm, Janndioa, Hndacha, alarit, KhumUm, eta. It rnUl the bowsU, pun-ep tht hlnnri. vtrinrthna tha vtni. aipta dlrnRtion.

AN INVALUABLE VAMILx MDIOIN. Thodsandsot testimonial prove ita merit. Aai WlU.TXU.XOU IIS KCyUTATIOK YUTFS PULLS 26 YEARS IN USE, fae Greatest Madical Triumph of tht kgy SVMPTOMS OP A TORPID LIVER. fioaa of appetite, Bowela coat! ve, Fain la Ihe head, with a doll sensation In the back part. Fain nnder the ahoalder blade, Fullneaa after eating, with adla Inclination to exertion of body or mind, Irritability of temper, Low spirits, with a feeling of bavins; neglected some duty, Weariness, If Izzineas, Fluttering at tha Heart, Dot before tbe eyes, Headache ever the rlrbr eye, llestlessness, with fitful dreams.

Highly colored Urine, aad CONSTIPATION. TCTT'S 1'iUt are especially adapted to such casen, one dogo effects aucb a change of feeling aa to astonisli the gufTerer- Thcy Increase the appetlte.snd cuss the body to Take on tbe system IS noarlahel.oml hy their Tonle Action on tbe IHKestiveOraans.lteKiilarMtoolsara. oroilnci d. Vrh-n 4 Kim ay fUTT'S SARSAPARILU Renovate txxlr, make health? Horn, etrengthi weak, repairs the waste Of the sjtsUmu i. pure blood and hard tones the system, Invigorates the brain, and iparta the vigor of manhood.

Solil ly clnifTidKta. wpio 44 niurraySt.sew York PARKER'S HAIR DALSAM the popular favorite for drorvin tlie liuJi', Kenton color whfti ray, and preventing lJatrnlrnff. oieniiMH tlie tcui nioixj tho hair filling, and Is sure to ami fl alrre at wm EL. BROWN, motten asent, liS2 Went Pe-. tan stre-'t, (or box ')) A.mtin, makes res! eetnte lonne on lone time, of any h.

neurit from to without dlny, at lowest rat-s cirreut mm 4 CSS. BITTERS cs 4.