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Fort Worth gazette. (Fort Worth, Tex.) 1891-1898, November 15, 1891, Image 4

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FORT WORTH DAILY GAZETT3
PUBLISHED EVERY DAYill THE YEAR
DEMOCRAT PUBLISHING COHPAHT
Publishers andProprleters
Office Corner Fifth and Rusk Streets
FORT WORTH
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Daily aud Sunday one year irD 00
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Fort Worth Tex
i V J uCiv ji S
Hon W Tj Crawford the candi
date or floater is decidedly in tlio
svrim
Minister Eoan i3 bound to stand
Pat Ho cant help himself ho was
christened that way
IF Professor Dyrcnforth will come
to this part of Texes he can get a job
if he will guarantee results
As LONG as there is a salaiy at
tached to the office Minister Egan
will never retreat under fire
AT a Georgia marriage the groom
was one hundred and iwentyfour years
old and the bride was eightyone
Cupid will play pranks now and then
to show that neither age nor youth
wealth or poverty height or depth
can withstand the piercing of his
shafts
According to the statement of a
leader of tho state Grange Tracy Per
due and other sub treasury advocates
refuse to meet anything less than con
gressmen on tho stump Election day
will come along byen bye and then
they won t meet anything less than a
cyclone
Editor Lamb while in Dallas the
other day opined to a reporter that
Governor Hogg will ba beaten by the
very vote which elected him and that
H Chilton will never go to the senate
for the long term So long as Mr
Lamb is not a lion he ought to bo per
mitted to become a candidate for
prophet
Uncle Jerry Rusk may now con
sider himself a great man The farm
ers congress at Sedalia Mo said
something very nice about him the
other day There was one drawback
however to the commendatory resolu
tions adopted nothing was said about
the old man as a rainmaker Uncle
Jerry will suffer keenly from that
oversight
To the suit of the Illinois husband
who demanded 3100000 damages for
the loss of his wife killed in a railroad
accident the railroad company pleaded
a suit for divorce about to be brought
by the said husband against his wife
before the occurrence of the fatal acci
dent It must be said that both sides
in this case manifest a good deal of hu
man nature of a very low grade
In pursuance of the plan of cam
paign Democratic clubs are organizing
all over Missouri If this is to bo an
educational campaign wo cannot be
gin these organizations any too soon in
Texas and spread them all over the
state ExGovernor Gibbs began tho
work last summer but it was not kept
up and there seems to be no present
policy looking to a close organization
of the party in this state
After keeping the torturing secret
locked in his bosom for a pair of years
or longer Bismarck has divulged to the
world the details of the quarrol which
caused him to quit running the Ger
man government for Kaiser Bill Tho
recital has no doubt proved harrowing
to supersensitivo newspaper readers
but fortified by the reflection that the
revelation has made Biz feel better
they will grin and bear it
THE insurrection in one of the states
of Brazil is causing Dictator Da Fon
seca to understand the feeling that
prompted a bard to write uneasy lies
tho head that wears a crown The
plain English about his troublesseems
to bo that a lot of haifbreed insurgents
in Rio Grande do Sul have got hold of
a lot of horse pistols and mescal and
arc filling the swamps around their
camp with smoke threats and the smell
of burned powder
Who got tho two prizes of S100 each
offered by exGovernor Gibbs for the
two best essays on the getting of treas
ury notes from the government to the
peqple and the best investment for tho
Texas school fund Tho awards were
to have been made at the Dallas fair
and the successful contestants an
nounced It would be a valuable con
tribution to current political literature
to print these two prize essays and let
the people learn from them
Election day having passed with
the usual result in South Dakota the
government inspector who has been
prying into the affairs of tho Cheyenne
Indian agency up there tells us of gross
frauds and rascalities perpetrated on
tho Indians and the government The
only surprising thing about the plun
dering is that it should be exposed
even after an election But South Da
kota is a yaller dog state Republi
can in all sorts of weather
Hon George Clarks Democracy
is developing a fungous growth about
the shoulders that has tho appearance
of a pair of subtreasury wings in an in
cipient stage No matter how sweetly
silver Harry Tracys bass or Perdues
tenor may sing toyou
Come birdie como come fly with me
You shall bo happy gay and free
Don t you fly George Stay right on
tho perefc Farmer Shaw would weep
till hsd bust a suspender is you should
hie awav and leave him
Red liquor got to playing high
jinks in Lincoln Me recently prompt
ing its imbibers to chunk aged eggs at
a Congregational minister to hurl
ditto at a Methodist preacher and to
cause one Indian girl and several
school boys to contract an elaborate
threecoxnered jag with bristles on it
So the citizens very properly rose up
iu their might jailed somo of the
venders of tho mischiefmaking decoc
tion and chased the remainder out of
THE JA2ETTE FT WOETH TEXAS SUNDAY NOVEMBER 15
town All of which goes to show that
the brand of whisky sold in Maino can
develop more different kinds of drunk
than any other beverage on earth
Should the Chilian menofwar tako
a notion to sail up the California coast
bent on bombarding San Francisco it
is possible they may discover two an
cient smoothboro cannon planted for
defensive purposes at the entrance of
the harbor It is suggested that there
are a few ironjawed old smoothbores
in Texas who have been going up and
down tho land howling about saving
the country that might be spared as re
inforcements to assist the California
cannon in blowing the invaders out of
tho water
The trend of diplomatic movements
as viewed from tho distance would
seem to indicate that Chili will apol
ogize by assuring tho United States
that if she has done anything to be
sorry for she is glad of it Then well
join hands all round and everybody be
panAmerican once more If England
however were to rumple a feather of
the American eagles tail on this
threshold of a presidential year Secre
tary Blaine would viciously twist tho
British lions tail with one hand and
holdout the other for tho Irish vo to
Diplomacy is a flexible machine
The Knights of Labor convention in
Toledo Ohio reported a membership of
27000 These figures appear to be in
correct It is well known that there
has been a great decimation of tho ranks
of that order since its perihelion about
1S8G but the decline can not havo been
so great as to reduce the order to so
insignificant a number as 27000 Five
years ago tho Knights claimed a mem
bership of over a million and this
claim had the outward appearance of
being true and the figures reported
now if correct show a loss of about
nineteen out of every twenty members
The outlandish bets made in New
York on tho recent election are being
paid by tho men who had faith in Fas
sett One hauls his victorious wagerer
around tho block in a wheelbarrow
bearing this placard Fassett and
the Worlds Fair did This Hereafter I
am a Democract Are you In It I
am Another unfortunate grinds a
handorgan to settle a lost bet and an
other climbs a pole that had been cov
ered with tar and grease These things
go to keeping up the donviction that
the number of our fools increaso in pro
portion to our increase of population
AT an expense of but 532000 more
than thirtyfour miles of road havo
been graded and graveled by convicts
in Tarrant county in addition to grad
ing but not graveling twentyodd miles
This work was done under great dis
advantages and not always with skilled
superintendence or under competent
direction These roads have cost the
county about S1500 a mile They are
not as good as such roads should be
that are intended for permanency and
a large traffic Such roads as are de
manded will probably cost not less
than 3000 a mile but at this price the
revenue of 30000 a year will add ten
miles to our road system and the con
vict work will add almost as many
more Within five years at least four
good roads will extend from Fort
Worth to the county lines with neces
sary lateral roads penetrating the
most populous neighborhoods and
linking the whole county to the city
MANLINESS IN POLITICS
The prompt and explicit denial by
Hon Roger Q Mills of tho slanderous
statement originated by tho correspon
dent of a paper interested in compass
ing his defeat for tho speakership has
materially strengthened his canvass It
has afforded many congressmen who
might hitherto have regarded the con
test between tho several aspirants for
the place in a spirit of lukewarmness
a glimpse of tho manliness of character
displayed by the distinguished Texan
in declaring that he does not intend to
go buttonholing around the lobbies of
the capitol exacting private pledges
from members to support him like a
beat constable electioneering for votes
but that ho will rise or fall by the re
cord he has made during his many
years of public service in fighting tho
battles of the Democracy both inside
and outside of congress Manliness
and straightforwardness in action are
rare qualities among politicians seek
ing office and are therefore all the
more admired by mankind in general
It would seem that it remained for the
Lion of Judah as the lamented
Henry Grady once called Col Mills to
prove that it is possible to bo at one
and the same timo a manly man and
successful in politics
aicKINLKY WANTS THE CREDIT
There seems to be a difference of
opinion between Senator Sherman and
Governor McKinlcy as to what it was
that brought about the great Republi
can victory in Ohio Senator Sherman
declared the victory to be wholly due
to the financial question as discussed in
the state Maj McKinley who has
gone to New York to take a short rest
was not agreed with this proposition
He li3d evidently read Senator Sher
mans interview and without alluding
to it directly in answer to the question
as to whether the Democrats were dis
posed to shirk the tariff issue the gov
ernorelect said
Why no Has any one suggested
that we didnt have tho tariff in the
campaign The Democrats accepted
the issue on the tariff immediately and
fought us That was manifest to
everybody I do not know how they
could leave the tariff out of the cam
paign
In another place the following ques
tion and answer aro given What
were the relativo importance of the
tariff question and the silver question
as the voters considered them To
answer that direct wduld really be of lit
tle consequence for what I should say
would be merely a matter of conjec
ture We made no Republican gain
either in Cincinnati or Cleveland the
great commercial centers where the
silver question would have been more
likely than in any other part of the
state to havo influenced the result Our
gain was in other sections of the state
The Democrats didnt discuss the silver
question at all It is very evident
that Maj McKinley does not propose
to allow John Sherman to take the
credit of having carried Ohio He in
tends to have as he is entitled tosome
of the credit for himself
HARRISONS PLUMS
It is seldom that a president has in
the latter half of his administration as
many juicy political plums to be
stow as are now at the disposal
of President Harrison First is
tho appointment of nine circuit
judges who will of course all bo friends
of the president A vacancy in tho
court of claims must ba filled and a
suitable man found for the war office
to succeed Secretary proctor Civil
Service Commissioner Lyman having
resigned the president must find some
colorless fellow good only at winking
when the civilservico law is violated
to take his place A fit man must be
chosen for the Chinese mission some
Republican of course unobjectionable
to the Chinese court if such
can be found Two interstate
commissioners have been se
lected it seems but no ap
pointments have as yet been made
It is a pity of course that the law re
quires one of these to bo a Democrat
A recorder of the general land office
must be appointed and ho must be a
negro too or all Senegambia will howl
for it A governor must be found for
Oklahoma vice Steele resigned and a
third assistant secretary of state also
to fill a vacancy in the department of
state
To be sure there are patriots enough
applying for these places to supply the
entire civil service if parceled out
But it was needless to state that The
whole world knows with what jealous
and watchful care Republicans regard
the public service Never through any
inadvertence or remissness of theirs in
allowing offices to go begging shall it
suffer detriment or damage Of that
sort of patriotism the Republican camp
is as full as Russia is of political rot
tenness
cabalistic words
Chicago stands on a volcano the
fires of which aro getting dangerously
close to tho explosive gases An anarch
ist wildeyed beetlebrowed un
washed raging has declared that tho
mayor is a d d dude and we will hang
himTho
Tho efficient police standing hard
by and hearing this vicious utterance
arrested tho author of it together with
sixteen others who were in his com
pany and haled them before the mag
istrates
Upon trial it was in evidence that
the language quoted aboyo was spoken
by the offender and that he looked as
if hemeant it What could be more
portentous The mayor is a d d
dude Not only aro these words pro
fane and shocking but they evidently
cover a hidden meaning Sergeant
Buzfuz discovered a world of mystery
and villainy in Mr Pickwicks re
markable words chops and tomato
sauce These words were innocent as
compared with the anarchistic formula
of tho Chicago enemies of law and
order
Well what of it Let us say that
the mayor of Chicago is a dude a
d d dude too if you will have it so
What are you going to do about it He
was elected to his office by virtue of the
Hon Carter Harrisons diversion in his
favor If he is a dude tho people of
Chicago must have known it at that
time and though he got but little more
than a third of all the votes cast he
got more than either of the other can
didates and was elected Now the an
archists describe him as a dude pre
fixing a descriptive epithet that implies
comtempt even if it does not conceal
more of a hidden meaning than the
words themselves convey
But the Chicago police are equal to
tho emergency The rash reviler of
themagisterial dignity was as wo have
said seized by them and haled before
the authorities for his dangerous and
riotinciting utterance What the out
come may be we can not foretell but
these people must be made examples
of or a worse fate than the Haymarket
dynamite riots may overcomo Chicago
Her mayor may not only be called a
d d dude by these anarchists but he
may be proved to be one
ABOUT SOME PEOPLE
The Queen of Denmark is seventyfour
years old
Sir Arthur Sullivan will write the music
for Lord Tennysons new play
Rosa Bonheur is at work on her painting
of Buffalo Bills Indians and buffaloes
Albert Bierstadt has sold his great paint
ins The Last of tho Buffaloes for 50
000
Henry Labouchere says Mme Boulanger
is a woman of sad temper prosaic com
monplace and with a bad liver
Sidney Dillon is an example for errand
boys to point to with pride He was one
when young and now he is president of the
Union Pacific railway
Foreign princes are not going on the lec
ture platform Prince Krapotldu the
noted nihilist will visit America this win
ter and lecture on socialism
An exchange says that Jay Goulds pet
fancy Is raisinr flowers Bo tho public it
seems was mftlnftmttcd when It got the
r L
idea that the pet fancy of the wizard of
Wall street was the watering of railway
plants
Princess Sarah Winnemucca tho Piuta
woman who died in Montana recently lect
ured in the East about ten years ago and
wrote a book on LifeAmong the Piutes
Austin Corbin Is going to say Bless you
my children when his daughter Annie
marries His words will be rendered more
impressive by the accompaniment of a check
for 1000000
Queen Victoria has In her possession a
dress woven entirely of spiders webs which
for fineness and beauty is said to surpass
the most splendid silk it was a gift from
the Empress of Brazil in 1S77
Although he is a charming little bald
headed man with a bronzed face flashing
black eyes and a great fund of conversa
tion Paul Du Chailu tho African ex
plorer is and says he will die a bachelor
Dr Edward Eggleston the wellknown
author of The HoosierSchoolmaster has
the distinction of being the first American
writer to register a work in England under
the provisions of the new American copy
right law The Cassells will print an En
glish edition of The Faith Doctor
Gilbert a Becket tho London writer
died suddenly several days ago He was a
comic journalist of note and was chiefly
known in theatrical circles as coauthor
with W S Gilbert of tho travesty The
Happy Land Ho also wrote the lyrics iu
La Cigale now being sung in New York
and London
Few lady athletes aro more energetic than
the Misses Morrell Mackenzie At War
grave regatta they showed great prowess
in the double sculling race one sister steer
ing the other sculling The race was very
close but the ladies carried tho day over
their men competitors Svmo of the sisters
also raced in the Canadian canoo and gon
dola race
Tho difficulty of finding a suitable bride
for the crown prince of Russia seems to
grow greater as time goes by One of the
latest reports is that he is soon to bo en
paged to his cousin tho Duchess Olga of
Wurtemburg The young man is not par
ticularly attractive Tho imperial family
of Hussia fear that he will eventually suc
cumb to consumption which has already af
flicted his younger brothers
NEWS AND NOTES
Tho punctual man often has a wait upon
his mind
Ten per cent of the population of India
aro widows
Tho pope can speak English German and
French perfectly
Chicago has 2043 miles of streets four
times as many as New York
A rooster struts around Carnesvillc Ga
with the aid of a wooden leg
About eight billion pieces of mail matter
are distributed by postal clerks iu the coun
try yearly
Hundreds of fish are still alive in the
royal aquarium in St Petersburg that wero
placed there more than 150 years ago
The sea postoffice system recently estab
lished on ocean steamers to Europe saves
live hours in the time of delivery of mail
The young man of genius is not wholly a
productof this age MichaelAngelo finished
Iiis greatest painting when ho was but
thirty years of age
Of the 500000000 persons who wero car
ried last year on steam vessels but sixty
live were killed This shows that this
means of travel is the safest in the world
A fine teninch equatorial telescope in
Lawrenco university at Appleton Wis
was made entirely by tho colored pupils in
the school of mechanical arts at Nashville
Tenn
Tho English sparrow was introduced into
the United States in 1SG3 Now he rav
ages thirtyseven states and six territories
comprising an area of SS5000 square miles
and in Canada he is familiar over 100000
square miles of territory
If a division of the real estate of the
globe was made each one would only have a
small lot Somo one has figured it out that
taking the whole land surface of the globo
into consideration there is on an average
twentytwo and a half acres to each person
Few people know tho significance of the
figures in playingcards In olden times
hearts represented choirmen or ecclesi
astics and the early cards of that suit havo
a cape whim in form resembled a heart
The spade was originally a pikehead typi
fying tho nobility of the soldiery Tho
artisans were represented by a stone tile
now known as a diamond Farmers were
represented by a trefoil or clover leaf now
called a club The four kings were orig
inally David Alexander Caesar and Charle
magne representing the four great mon
archies The queens were Argine Judith
Esther and Pallas representing birth forti
tude piety and wisdom The knaves were
either knights or servants to knights
Three colossal statues ten feetin height
of rose granite have Just been found at
Abukir Egypt a few feet below the sur
face The discovery was made from indi
cations furnished to the government by a
local savant Daninos Pasha Tho first two
represent in one group Rameses II and
Queen Hentmara seated on the same throne
an arrangement unknown before among
Egyptian statues Tho third statuerepre
sents Rameses standing upright in military
attire a scepter in his hand and a crown
upon his head Both bear hieroglyphic in
scriptions and both had been thrown from
the pedestals face downward Their site is
on the ancient Cape Zephyrium near the
remains of tho Temple of Venus at
Arsinoe Reiics of tho early Christians
have been found in the same locality
ALIVE AND KICKING
Jay Gould wishes it distinctly understood
that he is still alive and kicking Boston
News
Judging from Tate financial hysterics in
Wall street thero must be a pnvato wire
running from Jay Goulds stomach to the
stock exchange St Paul Globe
Jay Gould rises to remark that he is not
dead He ought to know Tho conspirators
against tho peace of the stock market must
try again Providence Telegram
Honesty on the stock exchange seems to
be amytn when tho market is ruled by
such dishonest means as sending outrumors
of the death of Jay Gould and the failure of
Chicago banks by men who know them to
be false the stock gamblers need not bo
surprised if the rest of the world regards
them as pretty low In tho moral scale
Kansas City Journal
It is beginning to become apparent that
Mr Gould is slowly bjt surely losing his
grasp upon things The last attack of weak
ness which has compelled him to keep out
of the rush for a while was a significant
warning Mr Goulds doctor may say he
is all right in every way but the indica
tions do not bear out a liberal interpreta
tion of this statement Brooklyn Times
Texans Abromd
Special to the Gazette
New York Nov 14 Galveston L W
Levy MarlboroughZ T Smith St Clair
Dallas R M Jones Aster Fort Worth
W G Koss Coleman
Tho Anarchist
St Louis Ma Nov It A socialist
meeting will be held tomorrow in Central
turner hall ito commemorate the death of
the Chicago anarchists Robert Reitzcl
editor of Armer Teufel of Detroit will
deliver an address in German and Theo
dore Bell In Bohemian Henry Wolsby of
Chicago is also expected
Water Famine
New York Nov 14 Unless rain falls
within a week there will ba a waterfamine
here as the Croton supply Is giving out
SUPREME COURT
DECISIONS RENDERED AT THE
TYLER SITTING
Hon Johm TV Stayton Chief Juitlce Ii
It Gaines and John L Henry Asuociate
Justlcei S D KecTCs Clork
Fordyco Swansom receivers et al vs
D O Wolfe from Hunt 1 Appellc
owned land across which appellant railway
company constructed its track After the
road was built and before tnis suit was
brought ho sold to appellant Measles Ho
instituted suit to recover damages after
having previously sold the land to Measles
and alleging that in his conveyance to
Measles he reserved the right to sue for
damages to the land He made Measles a
party defendant The latter reconvened
and asked that damages to the land bo
awarded him instead of appellee Verdict
for appellee against both defendants Heldr
Appellee was entitled to recover for dam
ages resulting from the construction of the
road and damaces to the remainder of the
tract but Appellant Measles would be en
titled to recover any damages occurring by
reason of depreciation in value after his
purchase of tho land Reversed and re
manded Gaines J
senger on appellants train While the
train was stopped at a station appellee was
standing on the platform outside tho cir
door and had ms hands behind him hhj
finirers being in such a position that when
somo one suddenly closed tho door they
were bruised and injured Appellee testi
fied that the brakeman shut the door and
that he saw appellee at the time Thj
brakeman testified that a woman passengi
shut the door in attempting to enter tl
watercloset Held tho proof shows coli
tributory negligence and oven if this wero
not so the evidence does not support tho
verdict Reversed and remanded Gaines J
E P Anderson vs Oldham Ward
from Ellis Suit by appellant to restrain
by injunction a sale of certain cattle levied
on by virtue of a writ of execution 1 The
true rule in such cases as this is that to en
title a party to relief in equity he must
show first that his failure to make full an
swer in the suit in which the judgment was
obtained was not attributable to his own
omission neglect or dofault and second
that ho had a good defense to the entiro
cause of action or to such part of it as he
proposes by his petition to litigate It is
not enough to show that he was not guilty
of neglect in permitting the judgment to co
by default but he must also clearly show
that it is inequitable and unjust to permit
the judgment to be enforced H9 Ala 24
The petition does not show that appellant
is entitled to the relief soughu Anirmer
Stayton C J
Mayer Kahn Freiberg vs A C
Walker from Bowie 1 The court below
on a motion by appellants for a continuance
based on the ground of surprise at the
allegations of a third amended petition in
dicating his intention that the motion was
well taken the court did not err in alio win <
appellee to withdraw his third amended
petition and announce ready on his second
amended petition 2 While the evidence
is conflicting it sustains the judgment No
error in tho charge Stayton C J
Tcxa3 and Pacific Railway vs Mrs R M
Snyder from Tarrant 1 Proper dilisrence
is not shown wherejthe party waits until the
setting of a jury and nonjury dockot iu or
der to see when his case como up for trial
before summoning his witnesses Witnesses
should be promptly summoned 2 The evi
denco supports the finding that tho railwat
was negligently constructed whereby ap
pellees crops were injured Amrmed
Stayton C J
Bonner and Eddy RecoivorsTS Seymour
Mayfield from Anderson 1 Receivers of
railways are liable in their official capacity
for damages incurred Ly reason of defects
in the road existing at the time they took
charge regardless of whether they had ac
tual or constructive notice of such defect
79 Tex 1SJ 2 A witness of twenty years
experience in building railroads was prop
erly permitted to testify that tho culvert
was defectively constructed No error
Affirmed Stayton C J
W W Thompson vs Oscar Anderson
from Delta On motion to dismiss writ of
orror 1 Tho citation does not show when
tho petition for writ of error was filed nor
give a proper description ot the judgment
but the motion to dismiss cannot be further
sustained than to striko the cause from the
docket This however will not defeat the
right to have proper citation issued subse
quently 2 Where an appeal is perfectod
and is not prosecuted the appellee failing
to ask for an affirmance on certificate the
case can be brought to this court by writ of
error at any time within two years Case
stricken from docket and motion to dismiss
overruled Stayton C J
Sampson Clitus vs J M Lankford from
Navarro Motion to dismiss writ of error
1 Judgment was rendered below Decem
ber S 18S8 Petition for writ of error was
filed and citation in error was issued De
cember 11S90 Held Proper diligence is
not shown Writ of error dismissed Stay
ton C J
M B Lloyd vs City of Fort Worth from
Tarrant Suit by appellee to recover of
appellants as bondsmen for defalcation of
one Blackman as city assessor and collector
of Fort Worth Blackman entered on his
duties April 221885 and the city council
having canceled his bond on June 31SS5
on the same day he executed a new bond
with different sureties Appellants were
sureties on the first bond 1 The excep
tions to appellants special pleas were prop
erly strickenj out The city council was
without authority to release the obligors on
an official bond and we further think that
the expression canceled as used by tho
council must be held to apply to future and
not past responsibility The sureties must
be charged with knowledge of the want of
power of the city council to release them on
the bond 2 The court erred In refusing the
following charge The Jury are instructed
that in no event can they find a verdict
against defendants for an amount larger
than the smallest amount that the evidence
shows Blackman to have been indebted
to plaintiff at any timo subsequent
to June 31S83 and prior to his resignation
with interest thereon from January 1
1846 The evidence shows that at one
time he was in default for a smaller
amount within tho time named than the
sum for which judgment has been obtained
against appellants Reversed and re
manded Henry J
H Sollnsky vs National Bank
of Grand Rapidi from Bowie 1
It is the established doctrine in this court
that a foreign administrator cannot merely
as such recover in the courts of this stato
upon a debt belonging to the estate of the
decedent 33 Tex S1J 2 As to the right
of an assignee of such an administrator to
sue for and recover a debt under like cir
cumstances there is some conflict of au
thority We hold however that appellee
as the assignee had the power to sue and
<
< j ii
j n FROST
KANE
G W Morris vs J C Gains from Rock
wall 1 Suit by appellee to foreclose a
vendors lien Appellee pleaded in reconven
tion that appellant had by parol contract
purchased a tract of land from him by
promising to pay off an outstanding vendors
lien note against tho land and to pay a bal if
ance to appellee It was shown that appel
lant had paid off a part of tho vendors lien
note last mentioned Held The court erred
in charging in effect that if the jury found
that appellee had sold appellant the lot by a
verbal agreement and appellant verbally
promised to pay for same in consideration
of such sale being tho vendor appellee
must show a promise in writing to pay un
der his pleadings S Tex 7S Appeiieo
cannot recover on his pleadings but may
amend and recover on tho facts establisliedaj
by him The part performance to take a
case out of the operation of the statute of
frauds must bo by the party who seeks to
enforce the contract Reversed and re
manded Gaines J
Texas and Pacific Railway vs E E Over
all from Marion 1 Appellee was a pas
iftteatlon jlvea all tj
Texas
Mention the Fort Worth Gazette
frask w Ball k w ixvfkl poru3 bah
Ball tempel ball
as
pR08T Jk HUNT ff St
smuc
RS
Over Clly National Bmi
Fort Worth
AT LAW
sw
insiness Intrusted to ma will be nroaath
attended to EnnK TeTA > JI
AT JffrSIEYS AT LAW
TCastland itiu
FE ALORIQHT
S l
ATTOBNfrAT LAW
OfljMIHan street up stllri will pri
HHtTn the court ot Texas and Is tho Uzlitf
tates supreme court
and LAND AGENT
Ice up stairs in Johnston Bullilaf a oi >
wood Texas
QROSC BANHILL mx
rES
LfrtAt
DLAND AGENTS
ValualjIeJlandK tor Sale
Attorney aUtaCv
4e
Uf
lne s i
ATTORXETS
OXCHA8B
B K mix
J O SLAXSH
a ro7hT > T
A CEO 4
CHASE 8LATER LAW AND OLAIMg A it
ISlrsTRsrrsoitniiTESTWAsa otnT
Practice In the Supreme Court ot
States the Court of Claims
departments
Indian i
andbefi
CUlcV
PWrTnr Peaaloa ci
m naa promptly secured cw
ton given to all olMjeiot laad i
<
Liberal made l
arrangement with local it
eys or lor translor of case <
TE1IPLE llOCSTOX
OUSTON MEE
TNEYS AT LAW
5 Powell bVd g Main St Ft WorthT
I tvi walker T iprr
L
Attpffi rat Law
SP9CJkrattention given to land ana cn
eravlitigatIon3 Montajur lessi
WM H L0CKETW13
ATTORNEY AND Ca gtStT Ul
Personal and
loess
i gfijw
Lallm Ttn
It
WALKER
pUGELEY
ATTO mi Xfr W
flbn given to Unil aaa cuauner
gatlons Modai Tt us
IXSUKANCi AliKNTS
Jefferson
surance Agents
FBIJ1TEK3
Ttiti
i
t
I M FLEMI8TER siS5
C 6 r 6lALPR INTER
PaTla Building Waiahach Tel
AKCUlTEOTb
PATENTS
ITECT
t SecenS ul
vafee Rooms 1 ana corner
Houston streets Postofce box 30
a
Corner Fifth and Main St Fort Worth Tti
BHO 7
flflATrMELP
The Leading I
Oyer old WMala
DflAlafi
a srectaltT
Established 1S7U
C
York
P
AiiiilN 1 Counsellor at La Jti
Solicitor of American and FQtltfrit
eats Trademarks aal J afctC Knoj
X to S3 NorrtsH 8ifBS career FVU
sad F itreets JStfUKfoa O C Seves i
licludlnff lerrlce la Ei
S Patent omce Send ekrttJ
u
jfMrSel far report aa to patenubiutj or
MSiwndeaca InTlttJi
Mention tho Fort Worth Gazette
foreclose the deed or trust in this state HT
Tex 501 23Tex5C3 Affirmed HenryJ
MartinBrown Company vs A Cooper
from Tarrant 1 It being shown that ap
pellee paid a valuable consideration fortte
transfer of tho policy in < iucstion it wu
correct to charge that the burden of pac
ing that he had notice of tlie fraudulent
purpose of his vendor was on the plaintu
7S Tex GOOJ 2 We cannot reverse De
cause of a conliict in the testimony the evi
dence supporting tho Judgment Afarmeu
HenryJ
Fordyce Swanson vs George iIa3EJ
from Titus Motion of appellee to fW
briefs 1 Sufficient reasons arm shown
why briefs were not filed within the re
quired time and under such eircumsmee
the motion is well taken Granted r
curiam
State of Texas et al vs Hartley CwiW
from Oldham Motion to dismiss 1
affirmative relief a nation
pellce claiming no
tion by appellant to dismiss is well tasen
Granted Per curiam
E R Flewellen vs T J Gee from Hag
Motion to affirm on certificate 1
motion was properly returnable to the us
Tyler term of this court and can not here
fore be entertained Overruled i er cj
East Line Lumber Co vs X V
from Hunt Motion to affirm on certinca
1 Tho motion meets necessary r > i
ments of law provided in such cas ej
will be sustained Affirmed on certinM
Per curiam
A FiendUh Act
New York Nov 14George Hya
a fit of jealousy threw muraiticaau w
face of Ella Garrison aged mnetctn
cause she spoke to another young man
girl will lose the sight of her left eye wu >
badly scarred
Gambled and Loit
Jiflfciiii iwiiiiIfil iiffBii ifr
xrbS
New York Nov 14 A young nan
registered himself as J Spiral 12
Sturdevant bouse Thursday was founa
ing dead on the floor of his room last e >
ing with a bullet hole over the F1
Losses by gambling caused the suicide
She was De pondent
14 Mrs aaa
Bostojt Mass Nov
Wellington committed suicide b <
laudanum A few years ago her nw
was sent to the penitentiary for TLai
to poison her and her children i 5l
ency was the cause of the suicide
Jiefuaei to Talk j
Sis Fr Of Cisco Cal Nov 4rij v
Baird lata vicepresident ofthewn
Madeira was arrested at the Paa t J
last night for forgery He refuses t

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