Fort Worth Gazette. (Fort Worth, Tex.), Vol. 19, No. 41, Ed. 1, Thursday, January 3, 1895 Page: 3 of 8
eight pages : illus. ; page 18 x 24 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
IE HOMESTEAD LAW REVISED
fniZCISIOY T1IT OVKIITWIS IX
riur Tin old roiic
Court of ClTll Apirala Hold
t I rand subjecta the Proceed
r iDHurnuoe to Attaclx From Cred
ora An Ituportnnt Cn i
the court or civil appeals for
district there was rendered yes
Jlay an opinion farreachlne la its
t touching tho subject of home
td exemptions
he decision was In substance ithat
prance money duo upon a liome
d Is BubJct to garnishment If it
Sbo showr that the building was
ttcd la contemplation or Insolvency
Kfor tho purpose of defrauding cred-
it opinion iafl prepared by Assocl
tludtlco Suphens and It was con
id In by Judges Tarleton and
1 It rt crses In pirt the hold
of the supreme court in tho had
Jocas case on the subject of horne-
ts and If finally sustained toy the
erne court where tho case will be
ed on writ of error will work an
rtant chanjro In the polley of the
on this subject It would follow
rally that If thu ancient holdlnff
erruled io tho extent of subject
the proceeds of Insurance on a
stead to garnishment on the
oUnd of fiaud In Its erection that the
reversal of policy will go far enough
finch tho homestead Itself in casts
fraud Is alleged and proved
cnBo on which the decision was
originated In Tarrant county
went up on demurrer the court
holding that tha plaintiff who
shod the Insunnco money in the
of the Insurance companies
not recover though all of his at
Ions should bo sustained The
having been dt post > l of below on
rrer of course was discussed In
vision upon the usual assump
that the allegations In the plalu
petltlon me correct
attorneys fur the plaintiff are
Willacu II ndrlcka and 8am
nnd Hendricks the latter llrm
g nctm charge of tho matter
ohn W Wrny represents the de
and tt it undi rstood ho will take
uestlon Up on wilt of error to the
mo e mrt
following Is tho full text of then
n
V Swayno et jjL plaintiffs In-
s 12 K V A Chase de
tlants In error No 1382
nlon Plaintiff In Urror John V
upon jiUgments already ou
d against E K Chase and oth
the nggrgato sum of 22 000
out writs ofgainlshment agnlnst
lire Insurance companies In
iig his copjalntlft In error the
alx Assurance company The an
of this company admitted llablll
13 n Chase In tho sum of fZSOO
count of a policy Issued to him
ry 1892 to cover his loss by lire
period of three jears on his
dwelling occupied by the as
as a fimlly tesidence situated on
It and T in llellevue Hlil ad
to the city of Tort Worth Tex
ijed by fire July 189C praying
ho bo made a part to litlate
S Plaintiff Svayna the exemption
which It had been advised ex
In behalf of said Chase This
r further disclosed that subse
i to the service of the writ of
aliment herein like writs had
issued and strved on It In the
or New York and Rhode Island
or of other creditors to whom
Chase was Indebted In large
praying for continuance of this
ding till Its liability under said
n garnishments should be detcr
etc
Chase and wife V A Chase
9flka of intervention averred their
iily status and homestead exemp
h uhat the policy In question Inured
th lr Joint benent qb owners of the
tead and that they intended
he proceeds of this polley when
cd to rebuild said dwelling wlth
1
Ich they wero unable to do so
tiff Swayne nftcr demurring to
fSlitca alleged that B U Chase
j cpended In the erection of this
ce about 125 000 the same ha
on constructed during the years
iid 1831 at which time he was
d to plaintiff In tho sum above
and to various other persons
aggregate sum of 300000 He
alleged thit the construction ot
atty residence had betn under
and the cost thereof expended
temptation of insolvency with
pose and for tint md In view on-
t of said Cliaae of withdrawing
fcstracllng an unnecessary and
e amount of his assets from
> ond the reach of his creditors
peelally hts creditor John V
by converting earns Into lm
ints and placing the same In
Banner and for tho purpose afore
flpon a lot or lots exempt to him
iM ns a homestead Hi further
I jHfi that the same wo done with
Htent and purpose and design on
Vrt of said Chase to hinder delay
I fraud his said creditors that
s and notorious Insolvency en
hat sold R B Chase had pro
ollcles In divers Insurance corn
on said dwelling house In the
ite sum of 80 000 nnd that ar
reting plaintiffs debt there
still be left thirtyfive or forty
id dollars due and owing upon
Ucles a sum more than ample
t a dwelling in tho place of
destro > ed averring that a rea
eum for this purpose would
eed JSQW
court sustained a general de
to this replcnion and after
proof in support ot the ploi
trventlon rendered Judirment In
f Chise and wife The validity
Judgment depe s bo tir as
Js concerned upon the cor
of the ruling on demurrer
fprort of this ruling counsel for
RH md wife cite as conclusive of
Hmtstion the leading case in
this
Cameron vs Tay 65 Texas 58
3 as In line with It the subc
ases of Schneider vs niay cs
68 Vard s Goggan Uro
peals 274 Iteynoldsv < lUIncs
J VT Rep and Bernhelm vs
Ky C S W Itep 185
e other hand counsel for
In a brief and argument sug
f much lesearch and anal > sts
Insist that the derision In
vs ray u selfcontradictory
latuo In character and there
d be disregarded by us clt
11 1161 authorities Smith
llffe
C8 Mm 6S3 H Am St
1WSTISS CO Aut twp 128
> V tho su
tlio eaio
2Snth ouprtme court of
rjjlk
H <
JRtx n se
cited from that
nf f S dKlon ot our u
Htourt In Cameron v ray tut
m jo ctar that that crltlelsm 1 >
1 J b0 aamlttea
that thera la a scemlne In
CLtti5 SpluB yln th6
> irawert Uie proceM of tho
ca polity to the raechahlCa Hen
srouna that th rocooSi
8 I
ut from the
iiulMtne ileitfoycd
iti on ani Independent conelj
and thn
at iamt time appar
loclnjr their eiomptlon
luhment prooea on the rround
that they occupied the placs of such
building
riguratlvely speaking the proceeds
of a policy of Insurance Issued to in
demnify against loss from fire may be
said to take the place of the thing
Ueatrojed but to deduce therefrom
the conclusion that they repiesent as
do the proceeds of an Involuntary sale
the thing sold would seem to obliter
ato a real distinction and amount to
a substitution of rhetoric for logic to
supply a link in a chain of argument
in the one case tho property Is en
tirely destroyed and its Identity gone
but In the othtr It still exists though
In a new form
If however It shoull be held that
this Identity can bo traced through the
ashes of the burned building Into thn
proceeds of the polio It does not fol
low that the exemption would bo
available by reason of that fact be
cause it Is riot the identity of proper
ty which may be traced through vari
ous mutations like for Instance the
separate estate of tho wife which pre-
sent h its exempt character but rather
the form Itself the speeldo property
named In tho
constitution With a
change of form If voluntarily mnde
goes the exemption Klrby s aid
dlngs 73 Tetas 679 and casts cited
While the proceeding of the policy
in Cameron vs Tay were likened to
those resulting from an Involuntary
sal the force of the analogy was not
in the contlnurd Identity of tho house
traced Into these proceeds but in the
Involuntary character of the tranfac
tion resulting In each case if permitted
to have that effect In a substantial de
feat of the cry purpose of the exemp
tlon Trom
a critical leading of the
opinion of our supreme court In that
case It will he seen we think that the
exemption of the Insurance money as
laced primarily upon the broad ground
of a liberal constructl in
tutlon according to Its spirit and In
tentlon so as not to defeat Its mani
fest purposo by too literal a construc
tion
The bettor ew of the question would
stvm to he If that ho a correct de
cision not that tho lnnKuaite of the
constitution enn be stictched to coer
the proceeds of a policy on tho dwell
ing as m any sense within the mi nn
Ina of tho terms of description there
cmplojed but In construing an Instru
ment rrantlnc a Ujrht or an oppor
tunity to acquire a rlirht It win not ho
io construed ns to defeat th very pur
pose ot tho rrint for that would be to
uolate h well Known canon of construc
tion which upholds by necesstry Im-
plication as part of tlm thlnir irrnnted
though unexpresed tho exercise of a
rlsht without which tho thins Granted
could not bo rniojed
It la upon this principle that under
n former statute In this state the ex
emptlon of a hotso wis held to carry
r i t r i htn and Bartdle
thcung not mentioned Cobbs a Cole-
man II Texas 694 In this case Chief
Justice Hemphill uses this language
afterwards quoted with nppiovn by
Chief Justice TWIlle In Alexander i
Holt G9 Texis 50T It would seem
that by fair construction the erants
In the Btilute must Include not only
the subject Itself but < erythlnir abso
lutcl > essential to Us beneficial enjoy
nent See also Dearborns s Vhllllns
21 X xns 4IJ
under circumstances of compulsion
IlsufAnco of the family d elllnir be-
comes a practical necessity nnd a
denial to the jnsohent debto tli head
of tho famlli of the exercise ot this
rlitht wpuld result In case of the de
structlon of such dwellne by fire In a
feat of the rlierished purpose of tho
orstltutlon nnd that too at tho pry
lime when tho family shelter would lo
most needed Kery other estate in
houses and lands may bo thus piotec
tod ns Incidental to the light of
property Tho Idea cannot therefore
It may bo argued be tolerated that
tho honvslead estate which has been
i public faortte from tho beginning
should be thus discriminated against
oy den ng to those Interested In it n
right Incident to eor > other class of
owmnhlp to wit tho right of its
irotectlon and preservation
It Is upon this principle In part at
least that the proceeds of an Involun-
tary sale of exempt propert > ore per-
mitted by tlw courts to retain that
haracter for a reasonablo length of
lime and also the business homestead-
s held to be exempt for a reasonablo
length of time after the owner has
under circumstances of compulsion
eased to use it as n platw of business
Hunter vs ooi rt 15 Texas 45J and
uses thero clteil liargadeno s Whit
field Jl Texns 49 Qasonay > s White
Id 4T7 Scheuoer s Lalloue C4 Texas
1G0In
In these Instances It the constitution
In terms applied there wculd bo no
occasion to limit the exemption In time
so as to afford a reasonable opportunity
for reinvestment or resumption of the
former use
True the cases holding tho proceeds
ot compulsory sales made to subject
the excess and the like might
bti restored also on the ground of con-
version b > paramount authority In
such cases though there Is a de facto
conversion tho land Is treated as in
part not converted the established rule
In equit being that wi ° ro land is
sold by order of court and there Is a
surplus ot monej after satisfying the
purpose for which the Bale was mad
such surplus Is alvva > s regarded nnd
treated as real estate Three
Pomerojs Equity Sec 1167 IJut this
principle could not apply In the other
class of cases cited
In this connection it may not be out
it placa to notice the very able and
Investing oilnlon of tho supreme court
of Minnesota in the case of Culberson
vs Cox 23 Allan 30J In that case
the husband had procured a policy on
tha dwelling house tho homestead
which was dcslro > i d by lira after his
death nnd during tho life of the polIc >
Tho contest over tho proceeds of tho
policy was between the administrator
ot the deceased husband s estate and
the widow who was entitled to thu
benefits of the hoihigtead for life It
was held that these proceeds on ac-
count of the purposo of the husband In
taking out the policy wero nffectrd
with a tru9t for tho benefit ot those
Interested in tho homestead and be-
came as between tho contending par-
ties n substitute for tho property Itself
the widow being entitled to the same
interest in the fund which she had in
the houro destroyed
The principle of a trust created by
contract and intention however as
seems to ho concedtd In that opinion
would not haVA application In a con-
test between tho husband and others
interested In the homestead on the one
hand and creditors of the husband on
tho other because such application
would hav the effect of creating ex-
emptions by contract Instead of by law
In that case also after a review of tho
early English cases upon which tho
doctrino of tho personal Indemnity
feature of insurance policies rests that
doctrine la thus reaffirmed It is now
too well settled to be questioned that
policies ot Insurance against lire and
personal contracts with the assured
which do not attach to the realty or
in any manner go with the saraJ as
incident to a conveyance or transfer
of tltlo to the land that tho contract
js confined to the parties and that as-
a general rule no equity attaches upon
tho proceeds of such policies In favor
vat third parties who In the character
ot ffantee mortgagee or creditor may
sustain loss by the destruction of the
propertj
We are thus lead to the conclusion
that the decision n Cameron vs ray
cannot be rested upon any other ground
than that of a liberal Interpretation of
> l
the constitution according to Hi reason
and spirit so as not lo defeat the lytic
L 1 nd purpose so deeply 1m
bedded therein and that tho learned
supreme court of Mississippi in SO trl
unpliantly disposing of the assumption
that that decision rested solely upon tho
narrow ground of the identity of the
insurance money with the home not
only fayed to appiccUlo the true
eroupd of the decision but took a
rather illiberal Mew of tho question In
i Si V hat t0 ° contrary to tho
weight of authority
h opjvlons li ths nnl the
a w Hampshire esse cltsj dissent
firm ui prevalllur nil thy bj i c n
elude that It ought to be tho law but
cor hi that in tho Urn j r an ex
prers legislative enactment to that ef
fect the courts are without power o
dedara It so to be This Is but a con
tinuation ot tho contest as old as tho
Judicial construction of legislation be
tween the strict and liberal Intirpre
tlon of statutes Tho latter method has
long been the subject of ndversil crit
icism which was thus forcibly express-
ed by Justice Chaso a century agol
Hy tho rules which aro laid down In
England for the conslnlctlcn of Mat
uteB and Ihe latitude which 4ns been
ndulged In their application the Brit
ish Judges have assumed a legislative
powers and on the pretense of Judlolal
exposition hac In fact mnde a great
portion of the statute law of tho king
dom Of these rules of construction
nono can be more dangerous than that
which
distinguishing between the In
tent and the words of tho legislature
declares that u case not wlhln tho
n tuning of the statute according to the
pilnlon of tho Judges shall not be em
braced In tho operation of statute a
though It Is clearly within the words
or vice versa that a case within tho
meaning though not within tho words
shall be embraced
Like protests have been made from
time to llmo since against tho contin-
ued application of liberal rules of con
struction to now cases as they havo
arisen but notwithstanding these pro
tests the strong current of liberal In
terpretation iins steadily widened with
the general diffusion of knovvUdgo and
the advance ot enlightened civilization
until It has nnnllj taken In this state
the enduring tjrm ot express legisla
tive declaration It SSec 3
In tho early hlstorv of tho republic
itnd sate ot Texas liberal exemption
laws and a liberal interpretation of
these laws became the rulo and pol
icy whloh has been steadily adhered
to ever since constitutional and stat-
utory enactments on that subject In-
cluding the homestead after being so
corstrued having been readopted and
enlarged rather thaji restrained To
now denj a liberal rule of construction
of such provisions would contravene
nclearly manifest public pollcynnd ope-
rate a lepealinpart of the organic and
slatutorj law which would Itself bo
legislation for it is as much tho e
erclse of n legislative function on the
part of the courts by following lit
crallsm or othe narrow methods In
statutory construction to therebj de
feat the legislative will as It Is by a
roj liberal lule to extend an act of tha
legislature beyond Its scope and mean
ingAs
As to whether that lino of recent
cases beginning with Turner B Cross
83 Teas 124 so much relied on to
support the strict construction llioorj
does not indlcato a disposition to ad
here to that old and effete method of
construction now discarded by stat
ute we express no opinion
In the Turner caso the question vrsw
whether the terms of description In
the atilute there construed wero broad
enough to Include a receiver of a iall
road In the Cnmeronl iy case tho
question was not whether tho Insur-
ance money was covered by the de-
scriptive terms of the constitution for
evidently It was not but whether It
was not liecessar to withhold this
money from tho creditor In order to
prevent a failure of the homestead
purpose and grant that was ex
expressed
In Mew then ot the weight ot au-
thority of the reason and publlo pol
ley Involved and of the further fact
that Cimeron s lay has not only
stood unchallenged for more than a
decade but has been several times
cited with approval wo coneludo that
If It Is to be now ov crruled It should bo
dono b > the court of last resort In
addition to cases cited b > counsel seo
also Insurance Co s Jamison 25 H
W Rep Ml Wuples on Homestead
and Exemptions pp C3SC Sec 7
Accepting that decision then as au-
thority we next consider whether It
has unlimited application to the ex
ceptional and cxtiaordlnary case as al-
leged of an Insolvent debtor who seeks
the aid of a court of Justice to enable
Urn to effeetually withdraw fiom the
reach ot his creditors the grossly ex-
cessive sum of sixty thousand dollars
In money the proceeds ot Insurance
pblloies issued at the expense of his
creditors aB an indemnity against the
loss by lire of a costly mansion con-
structed also at their expense and
with Intent to defraud them by the in-
tentional use of an excessive amount
of his assets for that purpose with tho
contemplated result of hopeless and
notorious Insolvency
The attainment by tho application
ot tho equitablo principles of liberal
construction of a lesult so monstrous
Inevitably shocks tho conscience and
brings reproach upon that humane
and sacred institution the homestead
for tho establishment of which the first
honor Is universally ascribed to lexas
Ea > s Justice Onlis in Dlum vn Ito
gere 78 Texas 533 Dut while tho
tout i has eVLi eoun iucu una mi i e n
t ti t nstrue i r eximptlm laws
liberally iu favor of thoso they wero
itieeiiuea lo pi met wo ealillol euUettou
au Interpretation which would make
them a meie cover for Bliieldlng prop-
erty from jelng subjected to tho ia >
ment of honest debts It a debtor who
is the head of a family and who his
contiguous or near to his rcsldenco
one or more lots which he does not do
slie to use as a part of his home and
for the direct comfort and convenience
of his family may build housis upon
them to J t to tenants and protect
them from forced sale by occasional
drawing from them a supply of water
or sowing the ground In turnips a uiao
oud humane provtslou of our organio
law 13 made an Instrument of wrong
and a reproach umoug honest men
Our legislative declaration upon the
construction of statutes sod certainly
the same ruo would applj to the con-
stitution Is not only that the pro
Mslons thereof shall be liberally con
strued with a view to effect their ob-
jects but also to promoto Justice
It S rinal Title Sec 3 Tho
binding force of the latter declaration
ltf not less than that of the former
It Is an essential pirt of that doctrino
of liberal construction which however
much Inveighed against after the
growth and exposition of centuries has
at last as before seen found a place lu
our written law
While no limit has beeu placed hy
law upon tho extent to which the home-
stead may be Improved and while
there may be no remedy provided by
Uw to afford the defrauded creditor
relief against a palpable perversion of
the homestead privilege so long as tho
Improvements though made under tho
circumstances and to an extent em
tlrely transcetdlag the bounds of res
son and right remain a part of tho
homestead protected by the constitu-
tion from forced sslc It does not fol
low we think that when tho dootrlns
of llbosal construction s Invoked In
order to effect the object of home-
stead provisions that of affording a
needed shelter to the family ot an un
fortunate debtor Ui courts are power
less to so do this as to prumne jus
tice
It will be borne la mind that the ln
stinncu momy is not any part ot the
homestead but ouljr an idemnity fund
to which resort may be had in tho
day of calamity to avoid the absurd
consequence of the laws graining u
right which it denies the means of en
joyment An incidental right impliedly
frranted because essential to the eu
Joyment of tho thing expressl granted
never extends beyond what la necessary
to accomplish the purposes of the ex
press grant
In applying the principle of literal
construction in Cobb is Colemau su
pre tho learned chief justlco snss
Tho whole policy of tho act exemp
tion otatute Is to abstract no more
ftom the creditor than Is cssenllal lo
tho modi rate support ot tho dcblor
and further Yet cxtravagmeo would
not be Justified and bridles and sad
dles the things Implied becausv ne
cessary beyond a reasonable laluo
might bo exposed to seizure
Tho Insurance money Is withheld
from tho creditor under a liberal con
struction for a reasonablo length ot
time on tho ground of necessity to
prevent a failure of the homestead
purpose and for tho same reason and
to promote Justice should more than
a reasonable amount be thus with
held
To the objection which mturallv sug
gests Itself what 1 a reasmablo
amount and how Is this to be deter
mined the reply comes lu the lan
guage of tho criticism ot earner in v s
1 aj hat Is a reasonable time anil
how is this to be determined And
further how
will you measure un
reasonable time allowed the nonusmg
owner of the businesH homestead who
has been forced to suspen 1 business
for the resumption of its use
In case ot an allowance to widow ond
children in lieu ot exempt properts
loclullng the homestead the court is
required lo mako a reasonable allow
unco 11 8 1834 5 And In case ot
lieeisrarlos Bilpplled la wife or In
rant it has long been held that that
term Includes things proper and suita
ble to inch Individual accordlug to his
circumstances and condlleu of llfo
The so Instances are suggesllv e
aR I mMn t0 Intimate that
ivhere tho homestead has been legit
imately Improved hsa than the full
amount of tho Insurance would meet
the nquIienienlB of icison Justice
and necessity Tho caso made by the
plea upder consideration Is clearly not
of that character The allegations of
this pica as against a gi neral de
murrer present tho extraordinary case
of a fraudulent debtor who in order
toplaco tho hundred thousand dollars
and more l > e > ond the reach of his Just
creditors designed when about to
become insolvent made uso ot two
blocks of land exempt from execution
as the mailable means of accomplish
ing that stupendous result nnd who
now cooII > asks a court of Justlco to
consumate tho glgantlo scheme by de
creeing to him tho tnormom sum ot
sixty thousand dollars of insurance
monej as necessary to the enJo
> jnent
of tho sicred homestead right guaran
teed by the constitution to tho family
of an unfortunate debtor
The construction of a law thntwould
work such results could hardly bo
said lo be liberal and promotive of
justice In tho application of that
priuclplo of construction courts have
long construed statutes ivn against
the letter so as to prevent them from
being made tho Instruments of frnud
An Insolvent debtor rmiy lawfully
uso his assets intentional to the detri
ment eif cieditors In the Improvement
of his hamislcid for tho convenience
and comfort bt his famll hut when
ho transcends that object and under
takes to appropriate at their expense
for ulterior and covinous purposis n
colossal fortune In tho gulao ot an
exemption ho Is In no posltljn to In
oko the aipllcatlon of liberal prin
ciples In order to shield from them
an unconscionable sum ot Insurance
money to cover damage done to im
provements thus mule
It the court ns held In Cameron vs
la may In tho exercise of Ihe power
of liberal construction hold the lnsur
nnce money exempt for a nnsonnblo
time n would seem that In tho ex
ercise of the same power It might
Impose the further restriction Indlcal
ed above ond that If tho latter ho Ju
dicial legislation so would the former
be Either conclusion leads to a reversal
of the Judgment
We areof opinion thougR the ques
tlon Is by no means free from dlf
Ilculty that If tho plaintiff In error
SJ oan Irov substantially
as
alleged tho avermmls of his plea ho
shou d havo Judgment against tho
If in this wo err we have
the consolation that It nppoare to te
on tho sldo of Justice the promotion
ot which is undoubtedly th para
mount ohjeet of bolh making and con
struing laws
The Judgment will bo reversed and
the cause remanded for
pro
ceedlngs In accordanco with tho views
expressed In tills opinion
BTMnrnNn
Associate Justlco
MOAKTiir MAirfun rou i iiini
lovtnn Atlnckpri IMItorlfilly lr H
tliilldltiK nnd limn Journal
Des Moines Iowa Jan 2 Yesterdays
Issue ot tho Building and loan Ilecord
a monthly Journal with Chicago otrices
at No 112 Dearborn Btreet and Des
Moines headquarters also contained a
bitter attack upon State Auditor C a
McCarthy Mr McCarthys nttvnllon
was called to It and proceedings for
criminal libel are likely to follow Mr
McCarthy Is at the head or el leading
building nnd loan association W S
Richmond who controls tho Ilecord
was tho manager ot the Union llulldlng
and Savings Association of Des Moines
for which a rzaelver was apponted Trl
day rollow Ing the failure of this com-
pany the state executive council ot
which the auditor Is a member ap
pointed MIIcb Dawson of Chicago on 1
exOovcnjfir I < arrahee to examine all
similar concerns in the state
KHOr DUAll HV A HOCTOU
Affray In Aronln Knn Jn Which M
Cunt Mlnrr Is Killed
Emporia Kan Jan 2 Tho story of
a sensational shooting orfray reaches
here from Avonla In which William
Hlake a coal miner was Instantly
killed by Dr Mullin a prominent phys
ician of Lebo Mullin had been calWl
to the town on a professional visit Hn
route ho stopped In a saloon where
Ulake utarted a quarrel over some tri
vial matter make made a rush at tho
doctor with a drawn knife Mullin ro
treated but lllake followed him and
Mullin shot In self defense He put
five bullets Into makes body Ulake dy
ing almost Instantly No attempt has
been made to arrest Mullin
RJifM Burned to Drnlli
Douglas aa Jan t New has Just
reached hero that tight negro were
burned to death a day or two nco at
VhUllpB Mill thts county On of tho
negroes was about grown and tho otb
erB were children They were all In a
house which accidentally caught JIre
and was consumed before they could
escape
A Crippled Stefitnar
Belfast Ireland Jan 2 The Pomtn
lon lJnBHteamer Sarirta fwm Portland
Me and Halifax N for Liverpool
crlppIM by ttoe loss of her rudder put
Into Bflfaat lough this morning for
heller In tow of two 4ug >
U
TITB GAZHTTJt JTOTO WOKM TTOTaS TITOKSPAT TAJTPAKY 3189S
THE BRIDE 71 GROOM 2
Atinn sins en mi pit itsiiitius
ULTII1 11 lilt 9IAIIIU
Queer Gotham Wedding Chaiupnune
1 lowed Like Water After the Ccre
luimj Sho Is Imtitensrlr Wealthy
nnd lias Had Sateral Experiences
New York Jan 5 TJio wedding of
MrsLouiss Caldwell and Cornelius II
Marco at the Hotel Druuswlck was re-
markable in many was The bride U
71 > cnrs old aud Immensely wttUtliy
Young Marco Is Just over il and list
his money in butlacss last Hummer
Tho wedding collation cost SIS 000 Tho
Uldes lawyers who were among tho
guests had u wilt all ready for her to
Igu that night and it was only
through tho Intervention of somu
friends that her signature was not af
fixed Champagno flowed so freely
that none who attended the wedding
vvLl ever forget it Mrs Marco de-
clared herself supremely happy and
her trousseau Included Worth and Jb o
llx tovvns and hoau and lingerie that
made the women guests open their eyes
lu admiration
Two months ago young Marco had
not met his bride bhe win in Mon-
treal Her first husband died and she
was married to a Mr Tompkins alio
got a divorce from linn and resumed
Ihe name ot Caldwell Just a year
ago shu was going to nvairy an En-
glishman who lived at the liruuawlcic
The wedding night found him lu tho
Uombs Inspector McLaughlin had ar-
il sled htm for alliged swindling nud
then It came out that he was well
known in England as Itobert Wil
liams Dave though ho passed lu the
city as Itobert Williams Conspiraiy
and fraud was the charge It was
mado by llinjamln H droves of Ken-
tucky lawyer Henry 11 rinley was
also arrested Crovert said Hint Wil-
liams and 1lnley had obtnlued I13WI
from htm on an al eted Texas laud
deal Williams was In evenlug dress when
arrested A blank check signed bv
Mrs Caldwell was In his pocket Tho
next day she said Kin had liven him
Iho check to pa a bill for her sho
not knowing the precise amount due
I havo all the conlldencc lu the world
In Mr Wlllams said tho wealthy
widow I slnuld lmo married htm
If he had asked me He will be cleared
of the charge This whole vouble his
been brought about b tho kuovery of
one of those cuiiulng laukccs Thank
Ood I 0m an English woman
Williams deposited S500 as ball with
tho city chamberlain and was released
from the Tombs Then he disappear-
ed London
Truth expose 1 him lu
England nnd tho Niw 1ork newspap
ers here Mrs Caldwell went hick lo
Montreal fur a Malt and evidently for-
got ull about her English admirer
Mrs Caldwell has been spenllng her
winters at the Ilruuswlck since 18cr
Bho had her own hoists nnd equip
ago In this city nnd was very liberal
In her personal expenditures on oc
casions At other times her acquaint
ances remarked that her fondness for
a fivedollar bill was only < quilled by
that ot Hettle Green Dr William 1
Holcombo Introduced oung Marco to
her two months ago Marco la from
Dirllngton H c nnd his father was
In the Conttdiratc army lie camo to
New York a few months ago nnd In
vested his money In u retail business
and failed and lost It nil When ho
nixt met Mrs Caldwell he had no
cash and no prospects Tho widow be-
came much interested In Marco Ho In
a lino pianist and was ambitious to
etud undir the beat teachers He re
ciprocated Mrs Caldwell a Interest
and the engagement followed
It Is said that Mrs Caldwell entered
Jnto on anil nuptial agreement to will
nil her property to her oung husband
Ono of the wedding guests told a re-
porter tonight that an effort was
nude Immediately after ludge Mc
Adam liud married the pair lo get
Mrs Marco to slgu a will but that he
had pnvented It Too much cham
pagne had been drunk suld ho I
ell I not bellovo it was 41ip proper time
to sign an Important legal document
Jhls will hovvevir was not made lu
Marcos favor I am confident
Tho couplo went to Mrs Marcos
home in Canada and expect to spend
tin winter In Florida
Many Btorles aro < old about Mrs
Cildvvea vivacity notwithstanding
hir years and her fondness for tho
society ot young men has often been
remarked In tho hotel It Is Fold that
lier escape from a marriage wllh Wil
liams n jenr ago la not the first of
her matrimonial attempts which havo
itaullrd the same way
A oung law crs clerk w hose
could not bo Jearmd said lonlklit that
Ills firm was enraged in prcpailng a
will for Mrs Marco In accordanco
wllh her anlltnuptlal agreement Her
property Is to go to her husband
with tho exception of Bomo smill an
nuities This man nd that Maico
had been pild a considerable aun of
money before the wedding nnd ithat ho
had stipulated with much earnestness
for tho faithful carrying out ot the
agreement Dr Holcombo who Intro
duced oung Marco to Mrs Caldwell
two months ago Is an elderly phs
clan He could not be found at his
homo tonight
ISopomt K of p
Nocona Tex Jan 2 The Nocona
X odgi No 157 Knights of Iythlaar held
a public Installation of ofltccrs tonight
A A Croxtom iu chancellor comman
dir M 1 rilnt Ico chancellor com-
mander II V Jones prulate J co
btout M of A
After the Impressive ceremonies were
held ho lodge presented to Grand Chan-
cellor Commander W J Jiaef a sold
headed cane as a token of their appre-
ciation for tits services the past > ear
VItli a few apt words Mr Ituef grace
fully received his very merited present
W hen the audience wa dismissed tho
followed
by their friends re-
paired to kt Nicholas Hotel where the
New Years ball and banquet wits to be
hild His host Jl U Mattox had the
tables loaded with everything that
could be wished for As soon as the
sumptuous repast was ren ed the
crowd was usherrd Into a large lull
adjoining the hotel whore tho crowning
pleasure of the evening was to ha en
joyed UnJer the direction of tha
Gainesville orchestra dancing was norm
at Its bright Nearly every one took
part and the light fnntatlo too was
tripped till a late hour This Installa-
tion will long be remembered as the
most successful ever held In Nocona
Ihe Illacovery Saved Ilia I lie
11 r 1 Calllouettc druggiit Beaers
vllle lib says To Vr Kings New
Discovery I owe m life Was taken
with Ii Grippe and tried all the
physicians for miles about but of no
mall und was given up and told I
could not lite Having Pr Kings New
Dlscoery In my store I sent for a bot
tle and began Us use nnd from the Hist
dose began to get better und after
tfsinj three pnttlts was up and about
again It Is worth Its weight n nold
Wo wont keep store dr house without
It Get a free trial ot J i Mcka
Co drug store
laed A I l > Intr Cuihleu
Wallace Idaho Jan 2 A hill at
tJiuke was broken up bya peculiar
aY IPs rfm B
Ml 5r Jonn Uresnaham Icfl
her 11monthaold girl ooleep In a
carriage In the dressingroom During
iT tTif0 om <
aa Ula cMti
Mil d It
and
Aiiiuui tUTtin nvititci
Troiu All inrp < Live sioelc Ex
rhunars Mint Apt
Chicago Jin Tho aollon of Bel
gianauthorities prohibiting Importa
tion eif livestock from Ainrlen not
< iny hutu oft nil access to the markets
of that country but also to Jhose of
Hwltzerlana and a part of Austria to
which meat was sent ii Antwerp All
ot tho continental Europn Is now prnc
tlctly closed to livestock and dressed
l et from th United States Three
cities In this country ship millions of
dollars worth ot livestock and dressed
beet to Europe every s car nnd tho pres-
ent embargo Is a blow of almost local
culnblo Becrlty to tho cattle raising
Industr
The three cities nfclcli hole done tho
< xportlngnro Chicago New Yoik and
Halllmore Trade his grown to such
enormous proportions that a Hlmburg
llrm
recently completcl flvo Btcameis
for the exclusive purpose of shipping
cattle olive and dressed lver wevk
three or four boils each carrying J23
MO avorth of beef creased tho Atlantic
for Antwerp port nlone Tho national
llvfstocit exchange has Issued a letter
which will be seut to every stock ex
change In the west calling attention to
the Imiiortanco of prompt and Mgor
ous action lu the matter
not liitMiit iintv nicisioj
CJIvrs tiitUfiietloii nt nnllnI I
router Jin lie tomiiiUnloiier
Austin Tex Jan The dispatch
In the morning papers announcing that
cxOovernor Jtoss had licenced to ao
cept the appointment tendered him by
Governorelect Culbeison on the rail
road commission has been verified by n
letter from Major A J Hose who Is
president of the hoard of trusties to
Mr John E Holllngworth commis-
sioner of agriculture insurance statis
tics und history
A great deal of satisfaction Is ex-
pressed over this decision lu view of tho
great demand made by the friends ot
tho Agricultural and Mechanical col
lege which has projpered and grown
In populirit ever slnco Governor ltoss
was lnndo president
The impression prevails that now Mr
Culberson will tender the uppolntment
lo Mr l L lvster and that It will brf
accepted
a
mMsn ihhobt
Alleged sliirilirrr Arrested Acrl
leiitnll Miot Miles
Denlson Tex Jan 2 Deputy Uni
ted eitutes Marshal Kllgoro passed
through iho clt jeslerda with Chas
Fnrdrj charged with the murder of
Dado Hohinan a eir ago near Coal
gate Tordry was at a dance twenty
miles north of Atoka when arrested
Ed Davis colored was accldently
shot esterday with a S3 caliber pistol
The wound Is not dangerous
The ladlia auxllllnry i the Y M C
A rcoeivod at the associations parlors
esterda
Murine rivs
New Oilcans La Jon 2 Cleared
6team < hlps Alesund Livingston via
Helso Knight commander Mumoa Hav
re Costa Itlca Uverpcoli Harold llocaa
del Tom and Colombia
Note Samoas cargo consists of IS 080
bales of cotton 140 pieces oak lumber
and OOOu staves not quite equal to Mar
rons champion cargo of 18349 bales of
cotton
Port Eada Jan Arrived Asiatic
Trinco Ur Anderson Klngstou Del
Norte Hawthorne New iurk AVist
Ildlan lir Edwards Elvirpool lire
fond Lesealande Tlocos del Toro Schr
Nimbus Young New York Eouis 1
ltttbel Gardner Cienfuegos
Balled Moamship El Monto Now
York
Oalveston In Jon 2 Sailed
Steamship Maritime Davlcs Elver
pool Treaco Thorklldaoo ltrcmen
A lntent Irand
Han Luis Potoal Mexico Jan 2
James 1 Lewis who claimed to bo-
a New lork Inventor arrived a few
weeks ogo and complaints havo been
made to tho authorities tthat he victim-
ized a numbir of persons out of largo
Bums ot money In a bogus state right
scheme He Is alleged to have sold
tho right to sell an alleged patent
washing mnchlne In Mexico to four
teen different peraons and receiving
from each 115000
Unel nt Mnlnmorm
Mntamoras MexicoJan J A duel
has taken plaots here between Col
Manuel Perez de I > on paymaster tu
tho M > xIcon army and iManuel Card
enas a wealthy merchant of this city
lach man 11 red three ahots and in tho
third lound Col Deljeonon was ahot
through the neck Trouble has been
brewing btw en them for soma time
and tho aftnlrof honor n as the result
Oardinas has been arrested
An Amlctibln Settlement
Bt Petersburg Jan 2 The Russian
government will settle the Iamlr
Question amicably by making conces-
sions to Great Britain The Cbltrsl
load and the routs caled General
J on off h rond which la the only prao
tlcrtl rou to In Iho Pamirs haa been as-
signed to Great Britain
1it Oullima Killed
authrle O T Jan 2 A dispatch
to United States Marshal Nix states
that Deputy Marshal Williams and n
pou battled wltn outlaws In AVasMtH
county and killed two of them Bob
Moom lind George I ast both old of
fenders
litBiiuut Itiitu Cnao Appealed
On ah a Neb Jan 2 John T Web-
ster attorney for the defendant flled
his petition for appeal from JuJ e
Brewers recent decision in the maxi-
mum rate caso today In the Federal
court Judge Dundy allowed the ap-
peal
Douklit limber I iuil
New York Jan 2 The Brooklyn
IJUe states that a syndicate com-
posed or oapltallata of Now YorK Boa
ton and Michigan have completed th
purcthaae or coovt acre of timber land
In No a Scotia
KeiTlrrs will right
Omaha Jan J Tho Union PaciDo
receivers Jiave declarcal that they will
lent the application to sepsrats tho
Ht Joseph and Irand Island system
from tha Union 1ucJllo
i 1 1
Woloolt to Suoeseil Illmaelf
Denver Jan republican members
at tho legislature In joint caucus last
nliht unanimously nominated Heaator
iz O Wolcott to auaced himself
1 i i
Mrs KnTnrto ConTnleseent
london Jan 2 Mrs Antonio Na-
varro formerly Mary AwJetson the
celebrated aotress who was dellrrred
of a son Deo 7 tha child djinr a fair
hours later Is now convalescent
A llemphU rallure
Memphis Jan 4 M i Ekeller en
eral merchant at aomervllle Tenn Has
asalsned Liabilities t0ooo
Kenr Torlc Spots
How Tforic Jan S Ctotton pot c4e
od quiet mlddltuc ujUuds e llltoj
rait a xWo <
Vv i fr
m
KNOWLEDGE
Tlrings comfort fn4 roptov tment aa31
tends to personal enjojment jrliiai
tightly used Iho malm who t let
tcr than others anil cnji j lifo more vltlt sS
less expenditure y more promptly 3
adaptlnf tho world s beat products tof
the nccila of physical lidng will attest I
thovnluo to health el tin tiro HquljSI
nth o principles cmljMcei In tinS
remedy Syru > of Ilgs 13J
IU excellence is due to its jifcscntlr
in the form hiost acceptable and plena
nnt to tho taste tho icf re shleg nnd trulya
uineficial
prepcrtlca of a perfect iai
atlvo encctu illy clcan > lnt tho
system
dispelling colds licndacli a and feversjS
nnd permanently curing constipation
It has Eirei nUlafacton io millions and
met with tin appxoiat of tho medical3
profession becauw It act on tho Kld
tt r Liver and Dowel without weakJ
ening them nnd It la perfectly free from 2
every objectionable substance
Syrup uf rigs la for rile by oil drug
glats in 60c and tl bottles but it is man
uiaaurcd by tho California Tig fayrup
to only vv hove name is printed on every
packngo nlao tho name byrup of Fits
and being well Informed vju will not
cccpt any eubstltuso if oUtrcd
CUItES THIJ WOrtST TAINS In from
cno to twenty minutes Not ono hour
after reading this adverJsomcnt need
an > one surrnn WITH pain
ACHES AND PAINS
Tor heaJaohe whether sick or nerv
ous toothache neuralgia rheuma
tism lumbago pains nnd weakness In
tho back spine or kidneys pains
around tho liver pleurisy swelling of
the JolnlB and pains of all hinds tho
application ot IlndwayB rtoady Itellef
will afford Immcdlale ease and Us con
tinued uso fr a few days effect a per
manent cure
Jt lnstnvly stops the most excruelat
Ing pains allays Inflammation ond
cures congOBlloni whether of th
Lungs Stomach Bowels or other
glmd or mucous membranes
STOPS PAIN
Ier lattlcu oId h AU m
lata
DRS BETTS BETTS
ClBht Tcnra lu Dnllua
Young Middlaajred and
oil single or married
men and all who auSer
trom LOST
MANHOOD
Nervous Dtblllty
Spermatorrhea
fWminal Ztomtn
Sexual peoay railing
Memory Iack of lner
sy Impediments to Mar
lingo ulso Blood and Skin DUenoei
Syphilis Lmptlona Hatr railing Hon9
rattia Swrtllnirfl Son Throat UIcer
rfCeoti of Merury Kidney and Bladder
Troubles Weak Back Burning Urine
Oonorrhea Gleet Btrlcturt recwlva
starching treatment and prompt relief
rilPi riftula riflsun and Bupturo
enred by < mr new method Fend for
plroolnr nn BT3TT1 A BI5TT3
UUIt Main Afreet Ui t > oalta tha Ioat
oino IjhIIai Trial
S3 SHOE
BC8T
ISTHt
fNOOQUCAKINCbV
45 CORDOVAN
rntKCHitNAHaiiDCAir
alP0LICE3SoU3
2J BOYjSCH00LSHfl i
LADIES
Oestdoncou
SCNDr0SCATALi0UB
r VLD0UOLA3
OROCKTOrfdA33f
Yaa rnn aave money by wearing the
Y7 li Dopilnt 6300 bltee
neennae w art tha linrmt twinuf ctown ot
tbiBnnUotttiWJ in tb world ami riursul tlitli
value by tamp lug tt Pima autf prk on tkl
bottom wlikb fvtiKt you aifahut blfih irleei am
tha middleman profltn Our tbofi equal cuitota
work Id trU i f mting and woartnc quslttU
Wabavathem aold everywhtra al lower i > i i to
tha valno trl than any other maka Tak no ub
Utule If your dvaltr cauiiot luppl 7011 w oao
EVANS ROE
A LADYS TOILET
la not completa
without an ideal
POWDEIl
pozzoNrs
Combine every element of
beauty and purity It is baotl
fying soothing healing health-
ful and harmless and when
rightly used is invisible A most
delicatoand desirable protection
to the face In this climate
Imlrf ejus hivta tbi gtnulna
IT 13 ion sale ivirytob
0ELEET OOMPOUND
Makes Poopia W JL
1M
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
Fort Worth Gazette. (Fort Worth, Tex.), Vol. 19, No. 41, Ed. 1, Thursday, January 3, 1895, newspaper, January 3, 1895; Fort Worth, Texas. (https://texashistory.unt.edu/ark:/67531/metapth110065/m1/3/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .