THE WEEEY STATESMAN.

AUSTIN, TEXAS.

THURSDAY, MAY 4.1882

TORNADOES.

SwMe IterelB Facta n Flfres Akat a Black Dr-- a

Cyela.Gen. Ilazen, the chief signal omcer of

the United States, has been giving afrret deal of attention of late yean tothe subject or me very acsirucuvo cyrlonet which occasionally ocrur in thewestern slates. Ho Is doin ao with theview to obtaining sufficient knowledtfo ofthin class of storms that some of theirevils may be averted,, or at least great'ymitigated. As Texs is by no means ex-

empt from them, and as all who live inregions that are liable to be often visitedby these destructive winds, will be inter-ested to know tlist.alrcady Sergeant Fin-le- y

is about to start out t investigate thatrack of the stotms which swept overMichigan, Iowa and Illinois, on the Oth

Inst Sergeant Flnh y has done somevery valuable work on this subject.

Last year the signal service issued, asone of Its professional papers, a very im-

portant monograph on I lie character ofthe storms of May 2'J and Juue 3D, 187V.The paper was very elaborate, and thereis now in press another professionalpaper by the same writer which con-

tains a tabulated statement of Bix hun-

dred tornadoes, and some generaliza-tions from their fi.cts, with some

the method that ought tobe pursued in the investigation of thestorms.

The six hundred storms cover a periodof eighty-seve- year, and the wholecountry. Their examination leads to theconclusions that tornadoes occur mostfrequently in summer, and in the monthot J une. 1 ney nave occurrea, no wever,more freoueutlv in.ADiiltb.an in July,and in May and September than in August. Kansas Is ttie stale mat uas ueenmost afflicted, and that notwithstandingthe fact that the period during whichtornadoes htve visited it has been

short. The state has badsistv-tw- o tornadoes from lcV9 to liMlIllinois has had fifty-fou- r from 18r4 to1881 ; .Missouri has had rorty-rou- r irom18l4to 1881 ; New York has had thirty- -

five from 1831 to 1881: Georgia, thirty- -

three from 1804 to 1881; lowa, thirty-on- e

from 1854 to 1881 ; Ohio,twenty-eigh- t from 1823 to 1881:Indiana, twenty-seve- n from 18.V3

to 1881. The states and territories that have had only one each from1794 to 1881 are: Colorado. California,Indian Territory, Nevada, New Mexico.Montana, Rhode Island, West Virginia,and Wyoming. The ttorms occur mostfrequently from five to six in the afternoon, although there is no hour of theday that has been entirely free fromthem.

The average width of the path of de-struction Is 1085 feet, and the stormcloud runs with a velocity of fromtwelve to sixty miles. The wind withinthe vortex sometimes attains a velocityof 800 miles an hour, the average velocityDelng aii'4 miles.

Among the most valuable suggestionsof the paper are those with reference tothe peculiarity of the "movements oftornado clouds, containing rules for

. arriving at their violence. A tornadoS cloud always has a centre, and it always

moves forwa'd from west to east. Itmay, however, sway from side toside in its progressive movement.Changes In motion are sometimes very

. sudden. In the event of a suddenchange the observer, who is east or southof east of the storm, should move quicklyto the south. If he is northeast, hoshould move to the north. If within avery short distance of the cloud, the ob-server should run east, bearing to thesouth. This indicates the character fthe directions which have been given forthe avoidance of the disastrous effect ofstorms.

The examination that Sergeant Finleywill make of the recent storm will bevery thorough, and General Hazcn ex-

pects that it will add greatly to theknowledge of tornadoes.

Indlaa Visitors.Wednesday four Indian chiefs of the

Pueblo tribe arrived in the city, havingcome here to see the governor. Theywere received by the Old Alcalde andthe Statesman reporter with becominghonors, and the Indians, as a matter of

. course, were the recipients of all the at--'tentlon to which they were entitled.They have a general grievance, but evenan interpreter was unable to learn justexactly what they want. They seem tothink that the governor of Texas is like

. their own governor, in that he haa abso-lute power to do anything he may see tiLThey claim that the whites out there areencroaching upon their lands, and thatis the principal reason why they camehere to ask the governor for relief.Colonel Di Bray, of the land offlce, waspressed into service as interpreter, andgot all the information it vas possibleto obtain from them.

The Indians represent a tribe, havetheir rulors, and, from all accounts, aregood citizens of Texas. They seemearnest in their mission, and the governorhas promised them a formal interview,when their complaints will be takendown in wi'itlng.

Tats Barber.The barber is of an extinct species.

The hair dresser ind tonsorial artist ofthe present day are supposed, however,

--vrffbe descenduuts of the barber in directline.

" The barber is a treacherous creature.He is never to be depended upon.He h:ts bcuu known to cut his bestfriends. '

He is remarkably sharp in a businesstransaction, and will shave you if yougive him a chance. In fact, shavingmar be said to be his business.

The barber is a strapping fellow, and

v is ever ready to razor row. We havefrequently Been him take a man by thenose without the least provocation.

' He always wants his hone way, tod isj always ready for a brush.v He has h s short com(b)ings, to be

sure, and is apt to stir up yuur dander ,

but he has a very smooth tongue, andknows how to lay on the lather.

He is generally honest in his judg-ments, and sincere in his pooh-pooh-in-

shams and delusions ; but at the sametime he la given to a great deal of sham-pooing.

We can't say that he was ever chargedwith murder, but thousands of peopledye in his shop yearly.

Formerly the barber was a surgeonalso, and used to he paid for bleeding.is customers. Nowadays he draws

blood without extra charge.The barber sees a great many affecting

scenes. 1 bere is a good deal or paiiinc.v oing on every day in his shop.

The barber seldom uses nails whenliinir'inK, though he may use them

w lien he comes to the scrak h.' The barber is a very secretive fellow

You will find locks everywhere aboutt nlace.He has little recreation. Coiling is

his chief amusement.He always stands well at his profes- -

.in. ou will generally nod mm atV'.f. head.

i le never makes game of his work, uo-1- .s g may be considered a

of Pleasantry.The barber baa to stand a great deal

fr.m his customers. He does not care.I :"wever, how much cheek they displayin lis establishment, and the more chini .. Tive him the better he likes it.

i . barber's wife goes shopping, justl.;.o ( her women, though she ought tobo al e to get her uairsuiU at tier bus- -

baud 'establishment. She probablyprt't to whisker round elsewhere.

'I'! .such the barber may have do childrcn t his Inheritance, there are alwaysnwv hairs apparent at hi shop.

'I i.ij barber's motto is, "Soap on, soapevi

Tiers are many more things we miehlli 11 you of the barber, ut he is a great

. f . j i i . . .bihiit auic to speaa

r himself.

InvrlM should prevent tbetr diseasee- (.inlng ground by using Brown'si Litters, it stop decay, keepa thei, ,o.l warm, and gives ths emaciatedi : :u of new lease of life.

i.'.rtr.i rrr AJeknon. Laval Cniver- -

T.ouebec I have ned a good deal or,T,-- . LUhlr'a Llauld JCxtract of

... f si;. I Tonic Invlgorator in my private. e. and can reconitpeoa it a

. v useliil in easeaof depression, de- -

ml weak diestion requiring'..uiiti r nourishment. (Remember

, ,., !..n't Use no other.) Of

SYNOPSIS OF OPINIONS.Reported Expressly for the 8tatsa.Cemmlaalsners f Appeals.

J. P. Hickman va. D. Oborakl.adra' ; ap-peal from Bandera county courtbas do Jurisdiction over an appeal, wnenthe aame haa not been perfected by theapellanta giving bond ; and even shouldthis objection be obviated, the Incongrul-tle- t

that the record doea not ahow any-t- bl

ug pertaining to the trial of the matterreferred to, and that there Is neitherpleading, bill of exceptions, statementol l acta, nor assignment ot errors, wouldtori. il the recognition of the record assufficient to warrant a review of the pro-ceeding brought up. Diamlsaed. Walker. I J.

K. J. Vance, administrator, va. PhilCUiborne : appeal from Bastrop countvThe court ha repeatedly held that anyobjection to the form in which an oflsetla presented should be disposed of on excepllons, so that the defendant mightnave toe privilege oi amending manswer in that particular. tl 'iexaa.iso.jAnd an amended answer presenting; aucban onset can De aumclent to admit evidem-- e In auppart ot It. In tbl cae themost favorable construction of the evideuce, under the answer, shows that theverdict and judgment la for an amountmucU too small, same case oetore supreme court in 1873. ; Texas, 398 Reversed and remanded. Watts, commissioner.

Charles L. Tennell vs. Ira JI. Brudlove:appeal from Travla county. A suitto set aside and vacate a judirmeat for George and va. JamesTennell. 1842. Identical judgment involved in Tennell va. Brudlove, 64 Tex.

w ; and that decision accords with former judgments of the court. 61 Tex.H4 I To constitute a direct proceedingto act aside a Judgment, all the parties atinterest must be made parties to the auit,that the court, by It decree, may relieveone without detriment to the other. IIa party to the former auit was dead at theiieK'uninir of this suit, his helra or legalrepresentative should have been madedefendants. Here neitner of the defend- -anu appear to have been parties or tohave had anv iuterest In the suit at therendition of the judgment in 1842. Afterthe judgment In 1842 James Tennelllived until 18SI. appellant becomingtwenty-on- e In 1865, and the suit begun inis.o. it la not alleged that the fraudsand irregularities of which he complains was concealed lrom him.And if this suit to vacateet!., bad been against proper parties,till it would have come too late. 47

Texa,23. Affirmed Watts, C.M. K. Tutt vs. W. T. Thornton: an- -

peal from Cooke county. The Englishdoctrine, that every material alterationof an Instrument avoids it, not in harmony with American law that the altera-tion must be ol such a nature as that theform ol the obligation will be changed, orthe evidence contused. 23 Texas, 163;Dan on Meg. Instruments, vol. 2, p. 303,etc But It need not be applied here,where an erasure of the name of a suretywas claimed to discbarge appellant, theformer having paid the note, and thesame was transferred to bim. A majorityof commissioners concurring, that, a pay-ment of a note by a surety, as betweenhim aDd the principal, doea not ex--lln"Uish the debt, and that said principalis correct as held In 19 Texas, 438, andaffirmed that the same conflict with 6Texas, 01. Affirmed. Watts, C.

W. M. Sneed vs. C. F. Towsen et al.:appeal from Coryell county. The court,alter discussing the necessary points ofthe facts, concludes : ''Considering theconflicting character ol the evidence, theform and Dhraseology of the charge, andits marked conclusion upon the turningpoint of the case, it appears that the jurywere controlled and very likely misledby this charge." Reversed and remanded. Watts, C

Jesse Thomas vs. It. W. Porter : appealfrom Burleson county. Appellant, withhis son, takiDg possession of 160 acres as

preemptor, bring the remainder or bisluuiily about three months after-wards and staying permanently,and making Improvements thereon.held to have exhibited a sufficient intention to make It his home, and that saidland became bis from the time he tookpossession; and bis failure to procuresurvey waa attributable to an obstacle ofIllegal appropriation Dy appellee, andnot to former's neglect. Appellant's effort, though possibly a mistaken remedy,waa KuUicFent to protect hia right, liehaving riled the field notes in the landoffice within twelve months alter thepassage of the "act for the benefit of ac-

tual occupants of the publlo lands,"passed May 16, 1873. Reversed and judg-ment ought to be rendered tor court be-low. W. S. Deiasy, C.

Thomas A. Tusby va. Mary E. Robinson et al; appeal Irom Tarrant ounty.In a matter appertaining exclusively toan estate the district court would not In-

terfere forthe benefit of those InterestedIn that estate, and for its just settlement,unless on grounds of fraud or trust. Inthe case here, plaintiff have no InterestIn the estate of the deceased, ol whichdefendant is administrator, they onlyclaiming a division as between thatestate and themselves, ol ssme propertyId which they allege a joint interest withthe deceased. When the right ot thealleged owner Is contested, the probatecourt is not fully adequate to try thetitle : and it is questionable whether thedistrict court would not have exclusivejurisdiction. 17 Tex. 131. Reversedand remanded. veiany, t.

A. W. 'Austin vs. S. B. Allen et al :appeal from Fannin county. In 28 Tex.,211, it la held, with the current ol authority, simply, that me piantin cannotselect at pleasure any number olsignatures supposed to be those ol thedefendant, but wholly unconnected withthe case In hand, to be compared by theury with the signature In dispute ; for

to allow such would raise collateralissues. In the present instance thepapers are connected with the case, thealgeaturea admitted to be genuine, andthe witnesses naving seen tne ueienaaniwrite Ut Oenl. Ev., S. 681 cited byGould, J ,In 47 Tex. 618. with approval ashearing vc;n above, wnen a witness. inexamination In chief .guessed atsgenulnesignature the court below did not err inallowing two papers, with only the sig-nature visible, to be held out to witnessupon Affirmed. ie-lan- y,

C.

W. K. Poole vs. H. T. C. R. R.;writ of error to the districtcourt of Falls county. Havingassumed apparent ownership of goods toconsummate a fraud upon another, anattorney-at-la- w cannot be beard to denybis liability to that other for loss causedbr bis wrongful acta, under the privileges of such attorney. The court belowcould not take judicial notice of acertainrailroad agent, wnen tne eviaence aidnot show such to exist. Nor eould itcbsrgo further that a certain notice mustoe given to me company wueu mere ino general rule of law requiring theaame. The station Deing at tnecounty seat, in abaence of other evi-dence showing that there waa anotheragent at this point, service upon him of acitation of a suit pending In the court otthat county, constitutes service upon tnecompany. B. . lxss.j roe station agent,to all appearances, being held out to thepublic a the representative of the com-pany at that point In regard to allfreights, notice to him of the atoppage intransitu of good In transit to that pointought to be notice to the company. Arailway company, having every facilityof communication along their linv, andInformed or the mlnutias or the road,the public not being supposed to beand possessing the requisite meana ofending messages, the owner cannot be

required to give the proper notice ,of stoppage in transitu, nevsrsea ana

Watts. C.

J. P. Sickles vs. J. E. Largent; appealfrom Collin county .GeDeral lawa ol1873, page 12, section 10, did not requirethe executrix to institute suit for trial ottitle to land, until the court had made anorder directing such suit. But where nosuch order is shown to have beenmade, then those interested Inthe property might maintainsuch suit, and coming in . ofexeentiix. as such, does not constitutethe dismiaaai of the old and the institution ol a new suit. Toe property beingcommunity, the surviving wife was aproper party, and her Interest could notbe defeated by the husband's will. Andaa ahe was a proper party plaintiff, themere subsequent nuking of anotherproper plaiutlff would not affect herrlffht to maintain the suit, though theformer judgment was rendered againsther as sucn. xieservsa ana remenueaWatt. C.

B. Blmbaum vs. W. H. Kuykendall;error to district court oi iee county,Parlies appearing and answering themerit, thereby waive any objection totheaervtce. The description of a personas administrator, in a Judgment renderedin laror of bim. Is surplunage. When anappeal i taken for delay, judgmentshould b affirmed with damages. Affirmed. Watts, C.

W. T.Edmonson vs. James Connor sndwife : error from Daliaa. Whether aImiirment. rendered rebruary S3, i860.on, rated as lien, without registration.upon lands in ths same county, notwith-standing the actof February 14,1860, "Toprevent judgments from becoming dor--mint, ele., the whole question decidedIn Comntoa va. Baker. 62 Texas, 352, andIn accordance with that decltion, thisjudgment la affirmed. Uelany, C

D. L. Gooch va. John S. Johnson ; aprpeal fro Comanche couniy. Underarticle LRi, I. I)., judicial attachmentcould be issued before the first dayol thsterm, upon the sheriff's return that the

eould not be lound In ths county.l8Ttxa,i7i.J To foreclose cocbaoics'

lien, it bas been frequently decided thatthe statute must be luuy compuea witu ;and so the petition should allege due re-cording ot the bill of particular, and service of copy upon the debtor. Reversedand remanded. Watts, C.

J. W. Fleming vs. John T. Sbelton; error Irom Tarrant county. In the abaenceol evidence to the contrary shown by there-or- d. the Intendment and preumolionof the law la that whatever evidence wasproper or necessary to support a judgment by default, under the facts of therase, wa adduced at the proper time bythe plaintiff, if indeed any evidence wasrequired; in the absence of an answer.where nothing Is contained in tne recordto warrant a reasonable supposition thata mnt of error was prosecuted with theexpectation of a reversal ol the judgmentfor any other purpose than delay, thecourt will award ten per cent, damageslor the delay. Affirmed. walker, r. c

The Falls county Turnpike road andbridge company va. J. D. Jordan : appealfront Falls county A general demurrerwin not reacn a merely informal or de-fective averment; if a cause of action lieshown, but be Informally or defectl elystated, the objection must be taken bvspeeial demurrer. The petition did notallege the amount ol the phyiciana bill,that was lettblank. Held, the defendanthaving gone into the trial without ex-cepting to the petition specially bypointing out the mdetlniteness as to theamount of said bill, the objection to evi-

dence to establish the amount madeduring the trial lor want of allegation asto the amount, will not be heard. Evi-dence respecting the lime lost by theplaintiff In consequence of his Injury audthe value thereof is admissible wherethe petition describes bis occupation andthe loss which ensued to bim in consequence ot being disabled irom tnewouud. Damages for loss of crop expect-ed to be rai-e- d is too remote for confed-eration. Affirmed Walker, I'.C.

Houston and Texas Centrl railroadcompany vs. James L. Leslie; appealfrom Grayson county. Appellee badboarded appellants' train at V'an Alstyneto asbist ladles in finding seats, and whilethus engaged the train started. Appel-lee then jumped from the moving trainand was injured, for which he bringssuit. Held, the liability of the defendantis measured by the fact tnat tne injuryreceived follows proximately from theculp-tbl- act complained of, and if theerysipelas sprung lrom the injury, thedangers from that disease, as well as thesutlcrings produced by it. constitute aportion of the injury itself, aud is nonethe less so, because under similar acci-dents producing fractures that diseasewould not ordinariiy ensue. It appear-ing clearly from the fact proved that theleaping from the cars In motion i unsafeand ilangerous.it follows that plaintiffcontributed by his want of proper care tothe casualty which occurred. There Isno other connection of the defendant'sagents with the accident except suchculpability as may be implied from theshort period of time the train of ears re-

mained at the station. The failure tostop the five minutes required by lawwas not perse an act rendering the de-fendant liable Irrespective of the question of contributory negligence on thepart of the plaintiff. A person cannot re-cover from an injury received by reasonof the negligence of another if his ownwant of care directly contributed to theIrjury. But in order to shield the otherfrom liability tne person injured musthave not only been negligent, but hisnecllpence must have been the proximate cause of the injury. He must byhis own wantof care directly contributeto the injury. Reversed and remanded.

Walker, P. C.T. P. DImmitt vs. George Garnier ; ap

peal from Guadalupe county. It is a suf-ficient objection to the granting of an injunction that the party aggrieved has alull aud adequate remedy at law. Lquitycourts will not lend their aid for the pro-tection of right or the prevention ofwrongs where the ordinary legal tri-bunal are capable of affording sufficientredress. Mortgaged property can bu takenIn execution subject to Jthe lien ot themortgage. The commissioners Incline tothe conclusion that the act ol 1874, whilstaffording the remedy of a distress war-rant against the property of the tenantin the mode pointed out by that statute.It did not extend a preference lien in fa-

vor of the landlord except as to suchproperty as la specifically designated bythe first section of that statute. Reversedaud remanded. Walker, P. C.

John C. Sedgwick vs. J. K. Pattersonet al; appeal lrom McLennan county.To fix a lien under the statute Art. 7112,Pas. Dig. the provisions ol the statutemust be complied with In every essentialparticular. "Material men," when fullycomplying with the statute, are entitledfully to the benefits or the act. The lienIs not created by the contract ol the par-ties, but when it exists at all, Is the crea-tion of the statute, and exists upon thecondition prescribed for its formationand t a continuation. The requisite orthe statutes are necessarily descriptive ofthe Hen, and if omitted In the pleadings,should subject them to demurrer. Whenthe suit was brought the district courtbad jurisdiction of amounts In contro-versy over SluO. The jurisdiction of thatcourt was extended to C500 during thependency ol this suit, and the court thendismissed the cause, because the amountin controversy was less than $500. Held,the court erred in sustaining the demur-rer and dismissing the suit. Reversedand remanded Walker, P. C.

Court sf Appeals.Cullers and Henry vs. F. M. Moore :

appeal from Grayson county. The defendant being sued as an ludivldual, andhaving set up the defense that be wasacting as an agent, It was incumbentupon bim, that he should have informedthe other party at the time ot the con-tract of that fact: and further, that heshould have revealed hi principal. 8Texas, 93.J Reversed and remanded.winkier, J.

Texas and Pacific railroad vs. W. D- -

Bracken: appeal from Fannin county-Rul- e

of contributory negligence laiddown in 62 Tex. 148, as follows, viz:' To entitle one to recover damages lorinjuries lnntcted or negligence or another, he must have used the degree ofwatcnruiness and precaution wnicn per-sons of ordinary care and prudencewould naturally and reasonably use un-

der the circumstances to prevent the injury. Contributory or neg-ligence exists when the act producingsame would not nave nappened out lorthe negligence or wiongot both parties."Hence, the plaintiff's mule with a looserope around the neck got lastened to thetrack, and the train coming around acurve, eould not stop in nime. Reversedand remanded. White, P. J.

G. T. Armstrong vs. A. J. Scrlbner;appeal from Collin county. County courterred in sustaining motion to dismiss,when the record venned that no noticeol appeal had been given in the justice'seourt, and that the appeal bond was notconditioned as required by law. Reversed and remanded. wnite, f. J.

J. J. Montgomery vs. the state ; appealfrom Cooke county. Defendant was con-victed ot a forgery ot a bank, and sen-tenced for two years. There being a cer-tain and atranire conlunction of circumstances in behalf of the defendant, whichgo far to deprive the transaction of thecriminal intent essential to constitutethe crime charged, and as another trialmay lead to a more satisfactory develop-ment! the cause is reverted and remanded.

White, P.J.E. W. Bates vs. the state : appeal from

Travis county. There is no exeeption tothe requirement that, in criminal casesof every grade, that,upon trial. the accusedmust plead guilty or not guilty to thecharge against bim, on failing or refusingto do so a piea oi not guuiy must oe en-tered for him. The abundant, and com-mon authorities to above effect ought tohave obviated the necessity of reiterationof the above principle. White, P. J.

Fredrick and August Michel vs. thestate ; appeal from Comal county. Courtdecided in 43 Tex. 6oh that the longusage of a public road, and its recogni-tion as such by the court apportioninghands to work It, were sufficient evidenceto establish the fact that it was a publicroad, independent of an order of theeourt tn that effect. Affirmed. Hurt, J.

J. R. Coggtnsvs. the state ; appeal fromCollin county. Held that a defendant,not renting all land enclosed by the fencewhich enclosed his land, in the absenceof a contract to the contrary, hadthe same right to occupy, to use,and to graze the land during histerm as if bs was the owner. Tay.Ludlrd;and Tut. 8. 143, p. 127. Reversedand dismissed. Hurt, J.

Rod North vs. the state ; appeal fromTarrant county. Defendant was indictedwith an assault with intent to murder,but waa convicted of an aggravated as-sault A brother of defendant and theinjured party, one Walsh, were discuss-ing, at an appointed meeting, a certaininvestigation in a friendly manner, whendefendant arrived, and by his words andactions brought about a resort to arms,Walsh having a gun in his wagon, inwhich he came, and the brother ot thedefendant using a pistol. Several shotswere fired. The court below could notcharge, under the circumstance, that thedefendant had a right to shoot uponWalsh's showing an act tending to in-jurs his brother, and was not bound towait lor him to shoot. Such in order notto be too strong against the prosecution,should have been modified to tbe effectthat the life of the brother must havebeen seriously endangered, and that thedanger was imminent and pressing be-fore the defendant eould shoot to prevent tne tnreaienea injury, iteversedand rsmandedw Winkler, J.

Jul Williams vs. The state- - appealfrom San Augustine couotv. It is nowths established rule, both' In civil andcriminal cases, that children of any ag

! are competent to testify, and may be examined upon oath, if capable ot distin-guishing between good and evil, whereverthey manliest Intelligence enough to ob-serve and narrate transactions, or whenthey have a due sense of the obligationof an oath; that is, possess sufficientknowledge of the nature and conse-quence ol an oath. 1 Greenleat Ev.367.The determining, by examination, ofsuch competency I left to tbe discretionof the judge, and tbe appellate court wllnot pass unfavorably upon that discretionunless tbe same is most clearly abused,for tbe court below bas something betterthan a mere transcript to act upon, tlTexas Court of Appeals, 31)8.1 In casehere, witness, nine years old. ilisclo-e- d ameagre Intelligence and an utter want ofthe appreciation of an oath, aud that shehad been instructed and rehearsed repeat-edly a to what to testify; and thereforeshe wa not competent from the examtuution on her toidui, as shown by the billot exceptions. Reversed and remanded.White, P.J.

Frank Cummins vs. the state ; appealfrom Grayson county. Court below cor-rectly overruled motion in arrest ol judg-ment when Indictment charud the.t un-der and by virtue ot the laws of theChoctaw nation, for the offense of bringing property into mis state, wnicli wasobtained by tbe commission of a crimeagaiust tbe law of a foreign state, whichour law punishes. 21 Texas, 2!8 Andit was not necessary lor it to be allegedthat the defendant was punishable by orsubject to tbe laws of tbe sutd nation. Thelaw, aa contained in a book with the fol-lowing in print on the title page ol saidbook, to-w- it : "Constitution and Lawsof the Choctaw Nation, together with theTreaties of 18.V and 1866. Published byauthority and dictation of the GeneralCouncil. By Joseph P. FoUouie, er

for tbe purpose. Chapter Tam-ah- a

18ot," was competent to be receivedas evidence of what Was contained. R.S. 2i")0.1 Bills of exceptions as shownb the record, filed within one day of amonth after the trial as exhibited bv thejudgment, not entitled to consideration.because not presented to tbe jadge with-in ten days after the conclusion of thetrial, as prescribed by law. TIO Texas.Court of Appeals, 686. Affirmed White,P. J.

Supreme Court.S. A. Cook vs. J. M. Lindsey et al. An

instrument called a power of attorney,but In fact show a contract by acolonist, in 1835, to sell the landto be granted to him as a colonist,before the issuance of title, Is in vio-lation of tbe law then In force, and there-tor- e

Invalid. And tbe court was correctin excluding a deed supported by such apower of attorney. Record does not showany evidence raising any question of ac-quiescence or ratification, or ot pre-sumption of a valid ol attorney.2 Porter (Mo.), 148; Holmes vs. Johns,

Tyler term, 1881. Affirmed. Gould,C.J.

J unn Vila vs. Julian Herrea; appeallrom Wilson county. When the land canbe identified by tbe plar. and a defectivedescription together, it is sufficient. Audthe authorities require the contract to besubstantially set forth and proven. 47Tex. 683. That the discrepancy is onlyin the amount of consideration, is notsufficient to set aside the judgment. 48Tex. 291; 44 Tex. 283. Affirmed.Gould, C. J.

J, E.Jones et al vs. Octavia Pyron etal; appeal from Collin county. Anequitable estoppel Is not raised, wherethe scheduleot an ancestor in bankruptcyproceedings began in 1868, and the dis-cbarge secured in 1869, exhibited an

of tbe land sued tor, thoughthe schedule was supported bytbe statutory affidavit, and whenthere is no proof that tbe defend-ants or tbeir legal representative weremisled to their injury by such omission.Nor in such case is there an estoppel byrecord, or deed. The appellees, widowand heirs of Pyron, seek" to recover 738acres of land, showing title In said Pyronthrough a deed dated in 1844. Affirmed.Gould, C. J.

DEPARTMENT NOTES.

Commissioner of Deeds Appointed Cbarters Filed No moreCertificates to Issue to RailroadsOn yesterday the governor appointed

G. Evett Reardon, commissioner of deedsfor TeXHSin the state of Maryland.

He also received a formal visit fromJose Mario Duran, governor of the Pueb-lo Indians, aud his attaches. Cacique An-icet- o

Godz&Ls, Bernardo Olquin and Ju-an Sevenaro. The object of their visitand the interview held by them withGovernor Roberts on yesierday will befound in another column.

SECRETARY OF STATE.Charter of the Texas Mutual Aid and

Benevolent association, of Houston, wastiled in the office of secretary of stateyesterday. The object is to promotemorality and temperance.

Also charter of the Luli lg manufac-turing company of Luting, Texas Thecapital stock is placed at 100,000, andthe object is the manufacture of cottonand woolen cloth and thread, cotton seedoii and meal, and the grinding of wheatand corn.

The incorporators are J. II. Stagnes,W. R. Johnston, O. McGaffry, Sr.,Jaov-- May ford, J. Munster, J. K. "Moore,C. Billinger, J. Van Gaskin and II.Klciuswith.

GENERAL LAND OFFICE.

Since the 22d of this mouth the com-missioner of the general land otlice hasnot issued any railroad certificates, andno more will be issued in the future.Applications have been received at theoffice offering as high as $10 per acre forrerisin coal and mineral lands. Theselands were patriotically appraised at f 1

per acre by the ccunty surveyors of thecounties wherein located, but the com-missioner of the general land office with-drew l hem from tbe market, saving thestate thereby a large sum of money.

A New masonic Degree.All of the Knight Templars who left

here to attend the grand comnmndcrylast week have returned. Sir Knigh! sHannig, Johnson, Holmes, Poindexter,Tliaxton and Moss returned on Sun-day. They all express themselves asfully satisfied with the various re-ceptions given aud courtesies shownthem by the Dallas knights.

One of the most pleasant incidents at-tending the closing ceromonies of thegrand commandery happened just beforethe grand banquet was announced, andwas the institution of a new older, to beknown as the ' Order ot the Red Rose."

The idea of instituting this order wasfirst suggested by Mrs. S. E. Dilworth,of Gonzales, and Mrs. Harris, of Clarks-vill- e,

who were ably assisted in their en-

terprise by other ladies in attendance onthe grand commandery. The object ofthese ladies was to express in some m in-ner their appreciation of the knightlycourtesy extended to them by the grandcommandery in relaxing its strict rulesand allowing the ladies to accempanythe sir knighis to the banquet halls, andbe ptesent at their social receptions dur-ing their annual conclaves.

These rules having for the first timebeen relaxed for this purpose during tbeconclave of the grand commandery heldin the city of W aco, in 1819, it was de-

cided that Sir John E. Elgin, of thatcity, should be created the first knightof the order. Tbe ce iberations of theladies were held in secret, and the con-clusions arrived at were imparted onlyto Sir Knights Miller, Moire, Harris,Lubbock and Steele.

When the preparations were com-pleted, twenty-fou- r, ladies, representingtbe nine elective officers of the grandcommandery and the fifteen subordinatecommaoderies, each holding in herhand a miniature bouquet of red roses,surroundel Sir Knight Elgin, and pin-ning them on his coat soon had him lit-

erally covered with flowers.He was then mounted on a tible and

introduced to the assembly by a sirknight present, who, after explaining theobject of the ladies in thus decora' loghim, in their name dubbed and createdhim a Huight of the Order of the RedRose.

' Annually hereafter the Indies in atten-dance on tbe meeting of the Grand Com-mandery (who are the wives and daugh-ters of Knight Templars) will selectsome sir knight, of whom this orderwill be conferred in token of some mer-itorious act. and who shall be entitled towear the jewel of the order the ensuingyear.

The new combination of smart weedand belladonna, as used in Carter' Back-ache Plasters ha proved to he one of tbebest that could be made. Try one orthese popular plasters in any ease ofweak or lame back, backache, rheuma-tism, neuralgia, soreness ol tbe chest orlungs, etc., and jou will be surprised andpleased by the prompt relief. In badcase of chronic dyspepsia, a plaster overthe pit of the stomach stops tbe pain atones. Ask for Carter's Smart Weed andBelladonna Backache Plaster. Price 25cents.

For Sals A large lot or old type andtype metal, suiuble tor Babbit metal.Price 13 cents per pound. Address

dw Statxxas Pt3. Co.

mm

mammWftS3E CUREltene im an efl'erf. not aruse. Itsorigin in within; it maiiilVHlat ions)

Hlliiout. Ilrnre, lo rure Hie diseasethe raunr must be removed, and in noother war ran a eure ever le effect-ed. IV.t kt KKM NAI'K kll)KYAXI LIVK.lt ( I KK i establishedon just this) principle. It realizesthat

95 PER CENT.of all diseases arise from derangedkidneys and liver, and it strikes at

nee at the root of the difficulty. Theelements of which it is composed artdirertly upon these great organs,both as a food, and rrxturrr, and byStaring them in a healthy condition,

and pain from the sys-tem.

For the Innumerable troubles cann-ed by unhealthy Kidneys. Liver andI rlnary Organs; for the distressingIMsorders of Women; for Malaria,and for physical derangements gen-erally, this great remedy has noequal. Iteware of I m posters, imita-tions and concoctions said to be justas good.

For IHabetes. ask for VVAItXI-'.R-Is A IK IMABF.TF.M VI RE.

F'or sale by all dealers.It. It. lVAKXFR t CO..

Rochester. X. V.

flOU

fillipnROirrs ikon eitte'. -

a certain care for aJl r'y;Htrequiring a complete f ni v--

cially Indigestion. Djspepsimittent Fevers, Want of .4 yf.i.lioss of Strengtli. Liack of rKtfetc. Enriches the blood, sens the muscles, and git ft VSflife to the nerves. Arts L'iZJcharm on the digestive C'VjfftW.removing all dyspept ic syrtouiseach aa tasting the food, lielching.Heat In the Rlomach, Heartburn,etc The only Iron Preparationthat will not blacken the teeth orgive headache. Sold by ali Xriig--

gists at $1.00 a bottle.BROWN CHEMICAIj CO.

Baltimore, Md.See that sll Iron Bitten are mafle by Pbujp Chfmii-- !

Co. and have oroued red Une. and trade ntaric od wrappes

BElVARt? OF IMITATIONS.

rAgJsrsgyrVB- lic--

Stir 0m

r.iways Cures and never disappoints. Tbe world's groat PainRelievos' for Man and BastCheap, quick and reliable.Price 25c. 50c & $1. per bottle.

PITCHER'S CASTORIAis not .Narcotic Childrengrow fat upon, Mothers ii&and Physicians recommendCASTOKIA. ItreguiatestheBowels, cures "Wind Colic,allays Feverishness, and de-stroys Worms,

Price 35c per bottle.

TUTTSE23ESSSS&

PILLSINDORSED BY

PHYSICIANS, CLERGYMEN, ANDTHE AFFLICTED EVERYWHERE.

THE GREATEST MEDICALTRIUMPH OF THE AGE.

SYMPTOMS OF A

TORPID LIVER.liosa of appetite.N sugeq.bowe'B costive,rim in theSed.with a dull sensation inthe back paryKin under tbe eaoulder-bTad- e.

fullness after eating, wito a disin-clination to exertion of body "or ruindlIrritability of temperTLow gpTrtta. Loaaof memory, with a feeling of hrjylng neg-lect-

some duty, wearine. DizzineBs,tflittering of theBeart, Dotbefore theeyesT? ellow Skin, Headache, ftestleaa-nes- s

at nightTbighly coloreoTUrine.IF THESE W ASKINGS A2.E UNHEEDED,SERIOUS DISEASES WILL SOON BE DEVELOPED.

TU IT'S PH.L8 are especially adapted tosuch caes,one dose effects suchachangeof feelii as to astonish tlie snfferer.

Tbey Iurrate llae A t!ei lit, and cause tbbody to Tnke on Fle.tt. (tins the system isnourished-an- by liifir Tonic ctlonm theItltrroliTr OrxHna. Regular siiuols are

Price lis cent, it., Msrrjr Hi., W.Y.

TUTT'S HASH BYE.Ghav Haikot Whirr tr. changed toaOtoasYBut' k by-- a single i rpUmi .M of this Dyb. IIluiiMtrn a natural color, acts liislugiuneously.Soili t.y Orilgt(i.ts,orMHi: lV express co lecrtpt Of il.Office, 35 Murray St., New York.

Br. 1TTVS SAXr"- - ""'"aM Uhnnlha aa '

lt:.jru! Riftiab IU KLH mi awU

JL'sVttf i

Children

FOR

Pitcher'sSastona.

Mother Ilk and Physiciansrecommend it.

IT IS ROT NARCOTIC

CEXTAUIi UNIMEXTS;the "World's great Pain-Ke-lievin- jy

remedies. They lieal,soothe and cure Burns.Wounds, Weak Back andRheumatism upon 31an, andSprains, Galls and Lamenessupon Beasts. Cheap, quickand reliable. .

Price 25o.50c tl. per Vottle.i 1111 isaa

The only known specific remedy for Epileptic

SAMARITAN NERVINECure Epileptic Fits. Spasm, Convulsions, St.Vitus Dance, Vertigo, Hysterics, Insanity,Apoplexy, Paralysis, Rheumatism, Neuraljfia,and all nervons diseases. This infallible rem-edy will positively eradicate every specie ofXenons derangement, and drive toem awayfrom whence they came, never to return again.It utterly destroys the irerras of disease by ncntrali.inj; the hereditary ulut or poison in thesystem, and thoroughly eradicates the disease,and uttvrl destroys the cause.

SAMARITAN NERVINECures Female Weakness, tieneral Debility,Leucorrbo-- a or Whites, Painful Menstruation,Ulceration of the Uterus, Internal Heat. Gravel,Inflammation of tbe Bladder, Irritability of theBladder. For Wakefulness at night, there is nobetter remedy. During the change of life noFemale should be without it. It quiet the Ner-vous System, and give ret, comfort, and na-tures sweet sleep

SAMARITAN NERVINECures Alcoholism, Drunkenness and the habitof Opium Eating. These degradlui; habits areby far the worst evils that have ever befallensuffering humanity. Thousands die annuallyfrom these noxious drugs. The drunkard drinkliquor not because he likes it, but fb' the pleas-ure of drinking aud treating his friends, littlethinking that he is on his road to ruin. Likethe Ounini Eater, he first nscs the drug insmall quantities as a harmless antidote. Thesoothing influence of the drug takes strong boldupon its victim, leading him on to his own de-struction. The habits of Upium Eating andLiquor Drinking are what eating is toalimentiveness, as over-catiu- first inflames thestomach, which redoubles its cravings until itparalyzes Iwlh the stomach aud appetite. Soevery drink of liquor or dose of opium, insteadof satisfying, oul v adds to its fierce fires, until itconsumes the vital force and then itself. iikethe gluttonous tope worm, it cries,irivel" but never enough until ita ow n rapacitydevours itself. Samaritan Nervinegives instantrelief in all such cce. It produces sleep,quiets the nerves, builds up the nervous sys-tem, and restores body and mind to a healthycondition.

SAMARITAN NERVINr.irre Nervous nyspepsia, x'alpuation ol theHeart, Asthma, Bronchitis, hcrotula, Syphilis,diseases of the Kidneys and all diseases of theUrinary Organs. Nervons Debility, caused bytue indiscretious of youth, permanently cured!y the use of this iuvaluaHe remedy. To you,young, middle-age- aud old men, who are cov-ering your sull'eriugs as with a mantle bynnv-iii-

, iu.1, uii, juu cud oe saveu oy timelycourts, and make ornaments to society, andlew els in the crown of vour Maker, if urn will.Do not keep this a secret longer, until it saps

our .urns, unu uestroys ootu ooay ana soul,if you are thus alHicted. take Da. RicimoHn'aSamaritan Xkiivins. It will restore yourruutbuKTu ucrvin, arrest premature uccav, anaimpart tone and energy to the whole System.

SAMARITAN NERVINE

Cuie.l my little girl of fits. She wa alo deafauci uuniD, nut It cured her. She can now talk

and hear a well as anybody. Pbteh Ross,Springwater, Wis.

SAMARITAN XEItVlNBHas been the me ns of curing mv w'fe of rheu-uiatis-

J. U. Flitchlb. Fori Col. in. Col.

SAMARITAN NERVINEMade a sure cure ot a ense ot tl ts tor my son .

E. B. Ball., Iliutteville, Kan.

SAMARITAN NERVINE.Cured me of vertigo, neuralgia, and sick head-ache. Mrs. Wx. Benson, Aurora, III.

SAMARITAN NERVINEWa the means of curing mv wife of spasm.

Rbv. J. A. Ebia, Beaver, Pa.

SAMARITAN NERVINE.Cured me or asthma, after spending over $3,000w ith other doctor. S.K. Hobhon, New Alba-ny, Ind.

SAMARITAN NERVINEEffectually cored me or spasms.

Miss Jknmi Warrkn,740 Weet Van Buren St., Chicago, 111.

SAMARITAN NERVINECured our child of fits after given up to die byour family phyaician, it having over 100 in 24hours. Hknbt Kmbi, Vervilla, Warren county,Teun.

AMARATIN NESVINCured me or scroruia after suffering tor elghyear. Albekt Simpson, Peoria, 111.

SAMARITAN NERVINE.Cured my son of fit, after spending I2.4O0 withother doctors. J. W. Tbohntun, Clailiorn,Miss.

SAMARITAN NERVINECured me permanently of epileptic fit of astnbbnm character. Rev. Wk. Martin,

Md.

8AMARITAN NERVINECured my eon or fits, after having had 2,500 Ineighteen mouth. Mr. E. Fobbs, Weet Pots-dam. N. Y.

SAMARITAN NERVINECured me of epilepsy of nine year standing.

Miss Orjlbbna Marshall-Gra- nby, Newton Co7, ifo.

SAMARITAN NERVINEHa permanently cured me of epilepsy of manyyear duration, Jacob Suteb, St. Joseph, Mo.

SAMARITAN NERVINECured me of bronchitis, asthma, and generaldebility. Oliver Myers, Iron ton, Ohio.

SAMARITAN NERVINEHas cored me of asthma; also scrofula of manyyear standing. Isaac Jewell, Covington. Ky.

SAMARITAN NERVINECared me of fit. Have been well for over fouryear. Charles X. Curtis, Osakis, Douglascounty, Mian.

SAMARITAN NERVINECured friend of min who had dyspepsia verybadly. Michael O'Coxsob, Bidgway, Pa.

SAMARITAN NERVINEHa permanently cured me of epileptic fit.

Davis Trembly, De Moines, Iowa.

SAMARITAN NERVINECared my wife of epilepsy of 35 year standing.

Henry Clark, Fairfield, Mich.

SAMARITAN NE itVINECored my wife of a nervous disease of the head.

E. Graham, North Hope, Pa.

SAMARITAN NERVINECured my son offlU. He ha not had s fit

oat four years. JohmDavib,Woodborn, Macoupin Co., 111.

SAMARITAN NERVINE

I tort-al- e ly druggist everywhere, or maybehad direct from a. Those who wish to obtainfurther evidence of the curative propertie ofSamaritan Nervine will please enclose apostage stamp for a copy of onr IllustratedJournal of Health, giving hundreds of testimo-nials of care from persons who have used themedicine, and also their picture photographedafter restoration to perfect health.

Address,

DR. S. A. RICHMOND & CO.,

Varli's Epileptic Muts,'

ST. JOSEPH..- '

A. WOOD'SR

New Twine Binder.

Enclosed GearMower,

CHAIN AND SWEEP RAKE

HEAPSHS.T0BIN & COOK, Agfts,

HrucKerhnn" Building, Austiu, Texas.

FARMERS CALL AND EXAMIJTEai2.4t

Colorado Fliry !

CHARLES JONES, Prcpr..

Colorado St. and River Walk,

AUSTIN, TEX.All Kinds of Castiup; anil Machine

Blacksmith Work Done onShort Notice.

Sole Manufacturer of

Glass's Patentjeias fell Anger.

OM Past Iron taken in exchange for Work.w32m2J

GIVEN - "W --A!rT!An Elegant One Hundred Page

FASHION CATALOGUE.Beautifully Illustrated, and containing all the

Tiatest Styles,if Lidies' aud Children's Costumes and Cloaks,

Fine Muslin and Cambric Underwear, I. aces,U loves, Hosiery, Silks, Velvets and DressGoods, Lace Curtains and Draperies.

The ar know led ed Guide of the Season. Noady who desire to know what to wear andUiiw.lo dress well can afford to be without it.

The Spring Number will be teady aboutMarch 15.

S"He eure to send postal card Cgivine fullname, town, county and state), when a samplecopy will beseBtto you free of charee.

II. C. F. KOCH ic SOX,6th Ave. and 102, nn 108 anth Street.

NSW YOKK CITY. wK!m3

For sale by GEO. DL'NLAr, Austin, Texas.

HH jrft H ? 4 S I 3

- sill 15163CO I - 1 a W oa W

w- -t 5 W Da

m f nui f TRADE

pi r j't.'JT

m wPI

E E m yj t

INSURANCE NOTICE.Department of Insurance Sta-

tistics AND IIlSTOBT,Austin, Texas, March 8, 1882.

To all whom it may concern :

This 1 to certify that the Phenlx Insnr-anc- e

Company, of Brooklyn, New York,has in all respects fully complied with the lawsof Texas a conditions precedent to its doingDusiness in tais suit, ana tnat said companyholds a certificate of authority from this otlice.entitling it to do business in this state fortwelve (12) month from the let day of Janaary. 1882. to the 31st dav of December. 1882.

Given under my hand and seal , at office, inAustin, tne oay ana ante nrst anove written.

A W. 8PAIGHT.Commissioner.

TURNER & NEWN1NG, Aitent.apl2w3l

WHEREAS, letters of administration nponof John T. Killer. deceased.

were granted me by the Probate Court of Traviscounty, on March 21, 1882, all persons havingclaims against tne estate oi rfonu r. Miner, de-ceased, are hereby notified to present the sameIn the time required bv law for allowance audapproval. My residence and posUiflice Addressis Austin, Travla countv, Texas.

JOHN B. RECTOR,Administrator of the estate of John T. Miller,

deceased. Iw4w

N OTICE

Is hereby given that Joseph Lncksinger hafiled his final assent aa administrator of the es-tate ol Joseph Degenhart, deceased for actionat the May term of the County Conrt oTravis county, Texan, at which time all partieinterested may appear and show canse why heshould not be discharged a such adminlslrarui

aol2w3t

Farmers, Planters, Stock FeedersWill Rare Money by firisdisi; their owa Feed.

Ths CklebbatedThos. Bradford Portable

FOR CORN, WHEAT, AND

STOCK FEED.Also Leather, Gum Belt-ing. Bolting Cloth, etc.

Write for descriptivecircular and Price 1.1st.

THOS. BRADFORD I CO.

0f IValnut Strret, HnAnnatl, Ohio,

PureWaterWELL BORING & DRILLING.

The latest improved and best machines in theWorM for BORING AND DRILLING WELLS bHORSE or STEAM POWER. Cstalogu Free.

Perry & Co.'s Pens

ELASTICITY

UKIFOKMITY

3 jpSYj Ij

ftitafpie bsx.S different style of 'enrsPros sent for trial br mail on receipt ascent.stole Agents,

Ivison, Blakeman, Taylor & CoNEW YORK.

A Now Era..The true secret of happiness is perfect

health, which enables the individual toenjoj life, and attain competency andcontentment. The martyr to dyspepsia,in continual misery, is without hope inthe pursuit of business or pleasure, andrealizes that existence yields only failure.But a new era has come, and good healthis assured, with positive relief from theills of indigestion and torpid liver, by theuse of Dr. Acker's Dyspepsia Tablets.They are very nice try them. Only 25and 50 cents, in handsome boxes. Forale bf Geo. B. Lucas & Co.

SOLID GOLDThe Opportunily

WATCHES.Lifetime.

VULIUj I vv oner in uur rntaloiine at ahont hair the usualTA A A P""'" A. Ill-- slock la .ry laree.and weiit "Si&AUni UV 'i u' torn '" money quickly, we have de--JS-A3iVv-

;

--tiSSItr V VrM'erml"ed. tn otdrr to arouae pnhllc lutereatJ "4 :i!S5J- - 3ln wre applications for our catalogue of

1 iXTVf iV " Roods, to uinke an offer of a Solid Uoi.dt.'LLtt&'-'-- j&i&iSdr llrnTino Cas Watch at a price much bel.--

U'Ki-X'- 'a.'--

. '? 1 vy tbe cost oi l.rodnrilon. Our offer 1 to sendA-'- . i -- uvti h rct'l.ttiva msil rrofiilly packed In a

fS-trV'- J- .alcn hox) a Koud Uftui Hi Tiao ( asiM:ImiMSJSi L Kl , t tiD Wa- - on re- -

Av 'i cc,ft of l.tt. We warrant the massive rase'''AHVyVJrVlj ,"b" m iJ uW dheantiru'ly eiirraveditJ&eJW&W'l I OOs. J.; M shown tu cut. We warrant the movement toCZZ&!;&&' 1 -- 7 VW ' Y"'m J'"'"i twhlch I the beet

mnvt known tu t"e worlill and full im

Siir--f- , i&Ji I lJnot be made by any other firm, a the actual co-- t of the watches In Mwltreiland Is about twicetu pi Ice we ask for them. It must he taken advantage of st oure, If al all. We make II only toe lire customers for our other Roods, catalogue of which will be sent Ui each purchaser. If anyor.e op receiving tbe watch is it can be returued at once and the ni nev will he re--.... r .. . ,mii -- ..... on mis munition, anil nave ine laruci jewelry trmle of any horselu America. In those who wish loseo the anu h before hnviuc, we offer to i nil t:. O. !., If II 00ts scDt iu advance as iruarantee of the cxpic. charp-s- . 1'rh Ltyf qf txaminatiim Is riven Del.. repnyiuK ihe hill. Il ordered CO D , however, the customer must par all express charee. In-cluding return Of mollt-T- We do not make a iwunv nn this watch, and riniwil IniMiiieyond tnatoruoftarp. which is nrovliled lor infor actual wear order this one. 11'ucA tteeuaton will readily see tnat such a watch this, w hlrhran lie ruLLT wakkaxted, can lie sold or traded and linmtiut profiti mails. The watch is reallyi'ul as goo at anu (150.UI gold icalch, and can he so represented. Do not buy brass, or composi-tion metal watches, (really the same thing) with worthless movements, when hy paying a littlemore yon can have a solid gold watch whicn will he " a tblugof beauty aud a Joy forever.

I.AIIIF.H' WATIIIKH. 801.10 i.n Hi'Ntikk Cask, beau Welly engraved, tilcklemovement, warranted umiil sent hy regime rod mall to any address on receipt of

l.i.87. If not satistled on its sei d It right hack and pet your money. C. O. D., on thesame terms a the Patbmt Lkvik Watch.Remember, we wairaut these watches to be exactly at reprwnlrd, and thai they will give more

than satisfaction, aud that we deliver them to you free ol rhaiiie, In pood order, on receipt olprice orC O. I)., snnject to charges with privilege of examination if desired. Itomlt by postofflce order, registered letter, bunk check on New V. irk,or scud i,revnuacks hy express.

Address plainly,

WALTER TIPS,vrno tii X3 isAX 33

I Dealer in

General Hardware.AOBICtrLTtlRAI. IMPLIMKNTS, IKON,

STEEL, AND WaGON MATERIAL.

FAISTi 4 OILS, LEATHER, SADDLERY

and

SHOEMAKERS' FINDINGS. ETC.

Agent for Russell Si Co 's Thresh-ers and Engines. K:nislnud Hi

Ferguson' Threshers,Horsepowers,

SAW MILLS, COTTON GINSAND PRESSES,

Coleman & Brns., S'mmons Pa-- ;t(nt Horse and power CottonPresses. Gullett's, Pratt's andBrow n Col ion (iins, Feeder andCondensers. Atlas Portuhie aimStationary Steam

ENGINES AND BOILERS.

of

NORDYKE AND MANNON CO.'S MILLS AND MILL MACHINERYMcCorrnlek Hsrvestine Machines Victor Cane Mills, and Cook's Evaporators, John Doere slid

Oliver Chilled Plows, Peerless Combined tiding aud Walking Cultivator with Cotton and Cora-Flau- ler

Attachment. State Agent lor

P. K. DEDERICK'S PERPETUAL HAY BALING PRESSES.Congroaa Ave, a urstlx?.. Toxn. m2itufrisu!ni

ARE YOU GOING TO PAINT P

Save Money, Time, Labor and PatiencOBY USING THE

AYERILL MIXED PAINTSft lost Eeatll, Hit, Economical

and Tborotifflilr Bailable nixed Paint for Wood, Iron, Brick, Stone orPlacter. loe not f'ADEor CHALK' b but retain it Kreatiues and

Brillluocy for many ear. You will fluil

ALAB STINEto be Cheaper, Bi tter more Durable and Kusler Applied, than Kalriomlne, WalPaper, or any ottier fluisb for wall . ml celling. Stick like Cement

and doe not turn yell w, fade or scale off.IN rUll E WHITE AND BEAUTIFUL TINTS.

Use Nonj but (lie PestTolin'L .! WHiting's Oelefcra,ted

King Faint, Varnish, Whitewash. K3,soi2inB and other Brushes,For which we are Wholesale Agent. Tbe ' entlon of Painter 1 respectiull

called to these Brushes aniePri st. And if you want

COLORS, OILS, WTISTIDO "WOL-A.S-S

Or any other article belonging to this line at ROCK BOTTOM TRICES for Cash, eat o

ULO'FCLJErr BROTHERS,feb26d-- w 207 East Pecan Street.

808wttM1

Bafor. Calnc

hut

,.,rk

FOB

tfkIAT ha

for in.tnmic butone of the most

Jt is inage.

rely sent bymail, fullP for S.

to cur.

MS 14th Kaw GUv

OriUU OF

The of to all person inadministration or the estate of w. a.

DAT,L. of the estate of

W H. Day. ha bis exhibit andaccount in Travis

application 10 sncnh.rh wll. be oj at the next term of

court, commencing tbe tnMay, lfW, at the court bonne in cityof Austin, at which time allin said estate may appear and contest th aia

and if they see proper.Fran clerk of aid

and the seal the SOti h dayol Aoril. 1H84. rjuuia vnn.

Clerk.

One iray year aboutax l4Vi or 10 uu "'f--" --- ---

ed.on left on tofalAA DAAt

aWe Islely" purchased a bankrupt

fork of and Juwelrr, which we shall

t

(.. 1 hrse wau be are not only the bestto ti found now. Win fullwill so, and will lie foil nil as

accurnti- - or it". v ears hence uow. providedusam.

oiler, and one that ran.

the mice named Kill (til. If vou wai.f .

J. A. iHattr In Jtwtlrtlilt Market Htreet, Philadelphia,

JX.T-2J-

j

TEXAS.

Avenue 808SPECIFIC"

BAHK--or-

AUSTIN, TEXAS,Will open for buaines on February 1

tb office now occupied by BKEMOKD CO.

E.T. EUGLE3T0N, Cashlor.a2SSm

MARTIN & MARTIN,

ATTOENEYS LAWRoom No. 2, Miller's Bunding:,

janS-S- m Austin, Texatv

FURNITURE,

CARPBTSand

House-FurDisliiugGood- s,

The most complete stock ever shownin market.

D W. JONES & CO.,

Congress

HENRY'S

THESTATE NATIONAL

NEVER

FAILING- -

CUREjiwiwoft

Nervous Debility,SEMHTAL WEAESTSS, HIP0TZ17SI,

PHYSICAL LOSS OF MANLY VICOH

PREMATURE EIHiUSTM.AndA many evil and comtqutnttt tarty

tnducrtttcH.This incomparable English Rsjmrov

already a world-wi- de reputation iumenu j it is not a patent medicine, a pre-scription of eminent English Phytician.

infallible rtttorinr UU vinr, whether fromimprudence, sickness, or old Sufferera may fullyon this. We have no agrnta; Specificsecurely sealed, with direction, and rulea.

PrlMV1' Pkg-e-. or page,- Sufficient most case.

WHEELER IIEast it, lork

e8wlT

W. H.FIREBAUGH&CO.,WlIOLESALfc;

TINWARE,Mixed Paints, Window Glass,

Wagon Material.

AGENTS FOR AVERT PLOWSN ACCOUNT.

State Texas, Interestedthe

deceased.J. Druki.l, administrator. deceased, filed

the county conrt of eonnty,with resign a aamiuisira-tn- r

actedaid third Monday

thereof, thpersona Interested

exhibit accountWitnes: Brown, conrt,

thereof attache thi.

apxiaxiow.

oTRATED mare, B old,. -

thigh. delivery. . ,

haveWatches

Jrmnl,

tartliuu

VAIL,

"

AUbTIN,

,

AT

this

DEBILIT7.

ftoomy

achieved

CO.,

reward,