Fort Worth Daily Gazette from Fort Worth, Texas • Page 3

1 flck peaflajhe WUHluB PRICED CENTS Send ua the outside Sjox of the genuine Dr LrvER ffffithvoffc address plainly writ rt2nd Send you by return ifit ntt Cards IfWftWKWh an Oleograplnc Fleming bros PITTSBURGH PA ft 5 3 BG89SH SKaSSS SJW 1 Cancer of the Tongw our njro was troa ono three or years oitn ipp tnnue near the was iorire centered In Use ed liora the rtouiilers and i bami sVe almost Igsidh the use of It 7 iv aWig ol the two life haa gro fcT tbo use of a halt dozen rosay bhe was entirelj pqot Swifts Specific restored to Unto Thta was three TVaaJ tucre haa been no return of the Uis OaIJuae51SS6 Uitn i H001 and Skin Plseasea mailed Irce faE iftSfecifio Co Drawer 8 Atlanta Ga 0 TODHft AND MfflDLEAftBD MEN A SURE CURB The a ful effect of early vice which brings organic weakness destroying both mind and toiv with all Ut direful lite PEIOJANENTJLY CURED cn lccs9 lack of ideas sadness cis lv imagl ingsdlsllkc io 8oclRUlf raiYtrbrood injr melancholy jti Marrlu men or thogsgfenf ering upon that 4 life aware Jity8lcai dollity exclta ollliv of lor nervfisfforganlc diminution or other irrejiiliriilgaiqtncKly assisted No uin Ms used Youne people losing their alikasd spending time with those unskilled ja4nqnalluQJl auslng fatal dlsorjers to the hta iHSi osv liver and lungs stomach ajd bowclf oedIIv oarei Let not faiso modesty deter yoa from calling sioncon WASSEUZUG Cor suiting Rooms 734 Elm Street DAI Ic TEXAS ALL UtiVAXS 3XATTERS CUBED Pxornpt fltcntloa la given to all correspondent Mate 3 mpto and medicine will be tC crywocra Or WassTius Is a regular graduate of IS yten pract Iploma In cilice and ha wtytl Qlltflfpr over two vearfi c5 ICtiw lt eudothbinewith tea sat IK ca 1 Fi I 1W rtitlarier6rit3 SJOitudeBts Finest catalocue fn the Sontiit frte AddreseF PREUlTTs Prs HOTELS ytf 03ltTBilC SqUAEE Street Cars from Union Depot pass la front of Hotel Satisfaction guaranteed SARGENT Pronrietor TErlPLE Watrr Supply Cut Off A Slon Shot Xhrsngh hs Htart Specla to the tJaaotte Templb Tx Njv 3 Soon after the trsin bringing Howes London Show and CrciH reached here this morning by the Missouri Pacific Railway Williirn Bodksr Ua3 Phot and killed William Conrad vtlta 88 caliber revolver The shot took effect in the heart and the man died iffiraediately There was no cause snown for the klllim except some slight fflculty th occurred some days ago Tiie deceased was connected with the siotr but Bodker was only following or oing with the show Bodker was ar ested by Marshal Taylor and his examining trial is now going on Justice iowry held an inquest over tne body of the deceased and the verdict was that he me to his death as above stated The Bell Countv Fair closed on yester cy The result was more satisfactory ttunthe most sanguine had expected the fair has been organized permanently The fair grounds a mile and a half west cl the city are well suited for fair purPoses there being both plenty of water cd forest oaks for shade and also a ceart level race track A sut seems imminent between our cly and the Waterworks Company The city made a contrsc some time ago with the Waterworks Company by which the company was to furnkh water for fire nd domestic purposes to the city and the habitants thereof Some time ago the City Council notified the Waterworks voiEpaiiy that they would not pay for yter unless the company compiled with ipe contract On the 1st of November tee company cut off the water leaving city dry and the Council has ordered 1 full agiiast the company for violation of contract 1HE GAZETTE FOET WOBTH TEXAS PEED AY NOYEMBEE 4 THE HIGHER COTJKTS Sjaopsos clsi MR r9d si the Prcsen ier the Higher Courts ctslona Kendcrcd in Sorao Loug Peud lng Chbb Saprrmc Court and iuIhoIou Appeals Hearings ciation no ni Correspondenco or the Gazette Tyler Tex Xov 1 Speer vs Hughes error from Titus Tula writ of error was sued out by appellant In July 1887 It cppear3 that on August 1 same year appellant died and teat afterwards on the 23d day of August the bond for writ of error was filed by someone end was approved by the District Clerk Held That under these circumstances this court has no jurisdiction of this cause and the motion to dismiss will be sustained Writ of error dismissed Willie CJ Cole vs Crawford etal op peal from Eowie Crawford was constable of Bowie county and levied in his official capacity on two horses and a wagon belonging to appellant Appellant brings this suit to recover their value alleging that appelleeB converted same to their own use and benefit Crawfords sureties on his official bond were joined with him in the suit Appellant recovered a judgment against Crawford but it was adjudged that he recover nothing Bgainst the sureties and they were adjudged to recover their costs It is objected that the jury failed to find the vaiue of each piece of property but finds the total valge of the property Held Not re igijfflrjle error it not being perceivable Tiow appellant can be prejudiced by the failure to find the separate value of each article of property Jfnrther held The court did not err in failing to submit the question of sale the petition failing to show any such fact occurred It is insisted that the verdict was against the law aud evidence because the same failed to hold the sureties on the bond responsible Held That the facts show that the property wes levied upon three days before the execution of the bond and the sureties on said bond could innu wise be responsible for his acts anterior to the xecution of sidbou No error Affirmed Gaines A Morris vs Lone Star Chapter Royal Arch Masons appeal from Travis Appellep a corporation organized as alleged for purposes of purely public charity brcugnt this suit to restrain appellant taxcollector for Travis county from proceeding to enforce the collection of taxes aspessed up9n certain property in the city of Austin upon wDich is erected a threestory brick building known as Masonic Temple The evidence shows that the rooms in the upper or third story is used for the purpose of a hall by Masonic and other bodies The two lower stories ars rented to different persons the tola rental value of the house being S150 per month The court below found that the plaintiff corporation was an institution of purely public charity and that the property was exempt frjni tx ion under the constitution and laws oi this state Held It it can be ohown lhat Fdritaon of the heart timidity trembling property belonging to charitable aso mqraai6cbagca sojn dircctlv and exclusive The used by it in furtherance of its charitable purposes but partly rented for profit though its revenues be exclusively devoted to the objects of the chuity is not exempt from taxation in our state The court beiow erred in holding Otherwise This ruling is decisive oi the litigation and there is no necessity for remanding the cause Reversed and rendered for appellant Gaines Bilger et ai vs Jaoe and Wm Buchanan appeal from Marion This cause was before this court on a former occasion and is reported in C4 Texas 589 It ifl assigned as error thst the court erred in permitting the introduction in evidence of the judgment of the District court of Marion county in the case of Jno OHara vs Wm Bonner and Terry nnd wife Held Not error The judgment which this suit seeks to cancel and set aside was alleged to have been obtained on the ground that OHara had no title to the fifty acres of land sold to defendant Bilger and had therefore broken his warranty The judgment admitted in evidence establisned the title in OHara and in short that there was in jreality no such breach It io assigned as that the court erred in pemitting jjirror ieed to be read to the jury on the ground that the deed had not buen delivered and accepted by Blger ho Bilger having been specially denied by said Bilger Held Whether the deed was delivered or accepted depended on circumstances of which the jury were to be the judges If the judge had excluded the deed he would have takenfcthe question away from the jury and passed upon the weight of the testimony himself Objection wa had because of the introduction in evidence of the deposition Bilger taken in the case of OHara vs Bonner Held That Bllgers admissions made in this deposition were admissible egiinst him It matters not that there wa3 no commission or whether they were made under oath before a proper officer If they had been made privately to an individual they should have been received if proven by the party in whese presence they were made No error Affirmed Willie Oomrulasioa Appeals Hsnse et si vs Robert Brent et al error from Hood This suit was brought in August 1883 by defendants in error against plaintiffs in error for an undivided interest in 1345 acres of ground An Instrument conveying land of minors eigned by one representing himself to be their usrdian is wholly inoperative without the production of the precedent orders of a court of competent jurisdiction in the premises and therefore inadmissible against them Courts will not presume the existence of the authority to act in such cases in the absence of all proof of the existence of power and its loss or destruction even after the lapse of thirty years 6G Tex 555 There is no reversible trror and the judgment of the court below will not be disturbed Affirmed Collard Lfe vs Yandell et al ep peal from Nolan This was suit on a promissory note by Lee against Yandell Gray Waldrip the joint and several makers thereof Before the trial Yandell had been adjudged ft lunatic and appeared by guardian Appellees filed a plea of general denial in the court below also at the time the execution of the note Yandell was a lunatic that it was procured by fraud and misrepresentation that said Yandell owed said Lee nothing and thai Gray and Waldiip signed as sureties ju Pending the suit an attachment was sued out and levied upon a fleck of sheep belonging to Waldrip and he pleaded in reconvention for damages There w8 a verdict for defendants and 5 70 damages for Waldrip Heir As a general proposition whenever a principal on a note is discharged his sureties will be also but to this rule there are certain well established exceptions It is held by this court that sureties upon the note of a person of unsound mind would come within the exception In this case the sureties loo will be responsible especially when the payee is Ignorant of the fact thst the principal la a lunatic as in such case a recovery might be had even against the lunatic if the payee acted ill good faith It was error in the court to fail to charge the law as enunciated above there was no evidence that Lee defrauded or made misrepresentations to Yandell to get him to sign the note The court instructed the jury that incase they should find actual damages not to find exceeding 1000 that being the sum asked by Defendant drip Held This was error It might be taken as an intimation that 1000 was about the sum the court thought should be given 20 Tex 217 2G 212 It is the policy of the Jaw in this state to submit questions of fact to the jury without comment thereon For the errors pointed out the judgment must be set aside Reversed and remanded Maltbie A Piper Co vs Strottonre ceiver appeal from Uvalde Appellee Strotton jvas appointed receiver of property in controversy in the District court of Bexar county Appellants brought this suit and alleged that in the performance of his duties as receiver appellee had incurred thi3 indebtedness for which the notes sued on were executed and that they had permission of the District court of Bexar county to briDg this suit In proof of their right to sue appellants introduced the following instruments The party can sue if he chooses but there is no earthly occasion for it because the receiver has instructions to pay all debts and to sell property to supply money demands on him Noonan district judge Appellant entered an appearance excepting to the petition on the ground that appellants had no right to sue that the court had no jurisdiction that there were not proper parties defendant and that the petition shows no authority for the execution of the notes These exceptions were sustained and from this ruling of the court this appeal is taken Held That we ore of opinion appellant did not have authority to sue A receiver being an officer of the court acting under its gdirections and in all things subject to its authority it is contrary to the established doctrines of courts of equity to permit him to be made a party defendaut to litigation without the consent of tne court Appellant not asking leave to file a trial amendment or that the cause be continued over for any purpose and as said exceptions went to the merits of the petition there was no error in dismissing it Affirmed Malt bie Max Weis vs Oliney Griggs appeal from Limestone This suit was brought by plaintiff in error against defendants in error in trespas3 to try title to a house and lot in the town of Alexia Defendants answered by general demurrer pica of not guilty and specially that Sol Weij plaintiffs vendor conveyed the house and lot in controversy to plaintiff with the intent to hinder delay and defriud his creditors and that plaintiff knew of such fraudulent intent at the time said conveyance was made Judgment wa3 rendered for dependents in tne court below It is insisted by plaint ff in error that the court erred in its fourth conclusion of fact setting out fnily the substance of the conclusion Held If the evidence adduced upon the trial supports tnis conclusion or is not clearly against it the judgment of the court below must be affirmed This court in deciding the question here presented is governed by the same rules whether the case has been tried below by the court or by a jury Also held Fraudulent interest it is tine will not be presumed and must be proved but there is no principle better settled than that suca interest may be proved by circumstantial evidence nor Is it necessary that the circumstances must be of so conclusive a nature as to exclude every other hypothesis The question of fraudulent intent in the execution of a deed is one which lies peculiarly within the province oi the jury or court passing upon the tact to be determined from all the facts and circumstances in evidence and if the testimony is cori 11ciing the conclusion of the jury or the jurt will not be disturbed by this court We think there is no error and it is our opinion that the judgment of the court below shouidgbe affirmed Acker Erasumus Bakel vs EJ McKechale et al appeal from TomGr en Thig suit was brought against appellees to recover G40 acre3 of land granted to Frederick Bodensteinit being section 911 in Tom Green county Appellees plead not guilty and also the atstuie of limitations of five years Appellant showed title by introducing In evidence a patent from the state to Frederick Bodenstein dated February 12 1861 end a deed from Bodensteinto himself dated May 161801 To sustain their plea of five years limitation appellees off redin evidence and admitted oyer appellants objection deed dated October 21878 and recorded on game day describing the land as sur vey No 914 in the name of Frederick Bcdeustein Held The question to ba determined is was the deed under which appelles claimed tested by its own recitals sufficient to pu the owner of the land upon notice that his possession had been invaded This would depend on whether the description contained In the deed unaided by extrinsic facts satisfy the nd that the land in controversy was embraced therein Land owners are bound to take notice of all deeds recorded in the county where their land lies in so far as the boundaries in such deeds may extend to protect their possessions from encroachment under five years statute of limitations Bat no one is bound to take notice of things extrinsic of the contents of the deed itself unless in cases where the law imposes it as a duty to examine the records such as where one claims to hold land as an innocent purchaser without notice etc The deed describing the land as section 914 was improperly admitted Parol testimony was admitted over appellants objection to prove that there was no survey in Tom Green county in the name of Frederfcf Bodenstein except survey No jl Held Error Reversed and remandid Maltbie 1 1Jp 1 MaK TMLfr Bridgeports Postmiatxfjfepfe Special to the Gazette sjjf Bridgeport Tex Nov our former postmaster mco to Dra and Miss Crawford is his successor tp4he GfSce fvfgg1 HBi Subscribe for the Weekly Gazette 5E8B0 EVICTIONS Iionislann Sugar Planters Anxious to Kid Thcmaelvr of tha Striking Elitctia New Oblka La Nov 3 At present over 10000 negro laborers are on a strike The whites working on the sugar plantations holding that the demands were unjust refused to join them As the negroes are in a majority everywhere throughout the sugar district and as they are determined neither to work themselves at the present prices nor to allow others to work further trouble is looked for The planters are determined to introduce new labor and fores the strikers to leave their places and for this purpose large numbers of werrants have been taken out Several companies of state militia aggregating probably S00 men are under armtjat the principal points throughout the district and will go to the assistance of the sheriffs if they are resisted when serving the warrants The eviction i will begin today WORK AT A STANDSTILL New Iberia La Nov 3 News from the sugar plantations below here showa that everything is quiet bu that work is suspended or nearly so A large number of idle men collected in all the public places today Many of them are willing to work but are intimidated by the strikers TOUR WHITE MEN SHOT New Orleans La Nov 3 A dispatch to merchants here from LaCassigne of Tigerville La says The strikers shot four of my laborers this morning from an ambush I have telegraphed th Gjvernor for troops Plsase see that tbey start at once The Washington artillery was notified and officers are awaiting the action of the Governor The sugar plantation of Mr LaCassigne Greenwood la in the parisa of Terre Bonne on Bayou Black eight miles from Tigerville and between tnat point and Houma prior to Friday last there were employed upon the Greenwood farm about sixty laborers twenty five of whom were white and the rest colored On Friday the latter all struck for higher wages but tho whites remained and continued work Jail Delivery at Granbury Correspondence of the Gazette Granbury Tex Nov 1 Last or heard them till jail yard night between 11 and 12 oclock the two only remaining prisoners in jail were put to liberty by their own hands The breakers were Charles Irwaln jailed early last spring for incendiarism and one Mason for robbing a fellow railroad man both prisoners having been in jail for six or eight months Sheriff Morris and Deputies Henderson and Hiner were all absent from town at the time An alarm was Immediately g5ven when a posse of citizens was organized and set out for a search The night being bright the prisoners had no trouble in finding their way out of town and into the woods Crossing the river at the wagon bridge they traveled the Fort Worth road for about ten miles when they came upon a traveler camped out and two good horses feeding near They unhoboled the animals and lost no lime in making a hasty departure The unfortunate traveler lost his only dependence for traveling ou account of being on the prisoners road The posse of citiz2ns searched for them all night but could do no good on account of being ignorant of the direction taken by tne prisoners Though after daylight come some of the posse of citizens that had been fortunate to ride in the right direction managed tc ges In sight of the prisoners When the prisoners caught sight of the private offi cers they separated one going in the direction of Cleburne and the other tnwrd Fort Worth The Hood county jail is new and has been considered safe against a jail break A lot of tools was procured by the prisoners as the cell doors were sawed to pieces The prisoners were very quiet in their delivery as no one saw they were leaving the OZk Slesonr in the Territory Correspondence of the Gazette ErrAULA I Nov 1 Tha Most Worshipful Grand Lodge A and A of Indian Territory is now holding its thirteenth aunual communication at this place Nish of Fort Gibson grand master presiding Representatives from twentytwo of the twentyfive lodges in tho Territory are present Thus far the meeting is an exceedingly pleasant one The following are the new officers elected for the next year Nash reelected grand master Casbburn Colbert deputy grandmaster Blossom Atoka grand senior warden John Coyle Erin Springe grand junior warden Murray Colbert grand treasurer Murrow Atoka grand secretary HDoyle McAllister grand orator A Boss South Canadian grand lecturer Masonry is in a flourishing condition in this Territory Some of the leading men both white and red are members of tho Masonic institution i KMi PostmastBra Attention VAX AL5TTHE TRX Oot 311837 To the Third and Fourth Class Postmasters of the Fifth Congressional District of Texao A convention of the third and fourth class postmasters will be neld at Washington a in December to urge upon Goliad Correspondence of the Gazette Goliad Tex Oct 81 District court convened lsst Monday There have been two convictions to date viz John Gllli lan five years in the penitentiary for horse theft and a nearo goes for seven years for attempt to commit rape The grand jury has returned eleven bills of indictment ajrap of Flff Manufactured only by the California Fig Syrn Company San Francisco Cal is natps ovm true laxative It is the moflfasitftafcen and mosfepleasantty efmcte reme to eanse the syS ten when bifQiS or tive dispel hdaclfes coldland feystociire hJ1 bKual nstipatiiJndig tlon efe Fo sale in 06 cents aM 1 bqfles by keld Lyne druggists Foit Worth PiaiiarAt Some Congress the necessity and set forth thet ab ofe reasons why postmasters of the classes should have better pay A delegate should go from this difltrictjrAll who feel inclined to assist in aendijs a delegate are requested to write lie tv postal card Informing me of the amount they will contribute and if enougjjfis subscribed to send a delegate the oK masters will be notified and they can then make such arrangements to select a delegate as seems best When writing make such suggestions as you think oroper All papers in the district will please copy and oblige yours repectfull7 Leslie Str VlosPjflasfazat 3 33 HAESOLD Oaitiier mm WMffflSAL BASK Houston arid Second Str S8lSv on Wholesale a Corner Houston ai SscoM Streets 207 IBtoxistOifa 83 i wwwftSt1Ctr xrV nrtCiJ Capital out Surptue SSOffG I Coyd HlgboojSana UatH ooov lit r2 TJ3CS3c 2zao craJ wta oooo aajs jiosiw SB Burnett Harrold and Harrold i TRANSACTS A SENERAL BAMKSftQ BU8I Efu THE MEECMAITS lAMSAL MMK OspiiaJ Patd In jss OOOJa BANKIKG HOUSE CornerSixttfted ITain Streets FOET WOETH TEX WRIGM Pros fc CHASfeV loa PesJ MORGAN dONES 2d Vloa ssI BrSMITH Csahter US2E3CTOJB JSrWrIght A Smith Ohaso Morgan Jones Faga Swasey EPerryvvZ Boss Thoa Martin A Adamo ilWjaao SI rano Humphreys Mitchell Taylor iTransacts a generalba iat busi i as inloanoj discounts and exohango foreign and donostie Conaspoadeaoa aiitJftsil Ool actions madoaaiTpromptly romlttea uk5M srf BRITTONPrasIdi I DAGGETT JpYJ pVa35d7l I MAX ELSER Cashls City National BaMk oflfert WortJi Tex CAPITAL 5150000 SURPLUS S3QGG0 Safety Deposit iies Eire and Burglar Proof EosBent DIEEOTORS BEITTORi LOMAX DAGGETT J2 CHAfi SCHEUBEB TATUM yp CM VANZANDT President i THOS A CrDHAXL ti teePresident HARDING Cashier THE FOET WMH NATIONAL BANS Successor to TIdball VanZandt Co Fort Worth Tex OAPITAL SJGCK AID UP 5 12500000 SURPLUS FUND 5SO9 0C 1 general banWasfousInois transacted Collections made and promptly remittedlTxchange Itfcrfn on allSSe rlncipal cities of Enropo Dlroctora YanZandt Thoa A TIdball Harding Smlttr Jarris Eeall ftTi vr iM 3ggtiirtfTl I ir iTTi 1JMT a JUM Biaa BookseflersrStatioiiersI OFFICE STATIONKRYABtrM5 SCRAP ROOKS VELVET FRAMES AUTI3T MATERIALS DOLLS AND PLUSH GOODS XEOif 3LXJNESIV STATIONERY 7 OjffcfcL ED TULLT wholesale and ketail 307 Houston St Ft Worth WXSOX SISAXEJ AND JRHMCAJULi Btoyes Ease Burners Base Heaters Cannon Stoves JTrauMin Stoves Box Stoves NEW AND ELEGANT DESIGNS 4SSrO 7S3 BOARDS AN IMMENSE STOCK OF China Glass an Queensware Always Ob Hand WhofesaJe Dealer Corner Second and Houston Fort Worth Tex DifmicMs Watches Clocks and Silverware iWstonifet WaifttfbLj Tex AIMS BKIHES A 3PMALTY AND RETAIL BATEMAN lelBSBM Established 18G504 ND BATEMAN iissioi Minis KosRt2ft416 and 13 East Second Street Corner Throckmorton Etft WoTtli Texas.