davidaulloa/AmericanStories huggingface dataset:
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-11-06
From The Richmond Times

With regard 10 Mr.. Uoyt. ii is but due
to him now that he is no more, to say that
he had lived in this city many years. and
was remarkable for the regularity of his
habits and freedom from difficulty or dis
agreement with his fellow men. Though
reserved, he was polite and bland in his
department and although from his man.
ner, he reasonably enough may not have
had many attached friends. he had not an
enemy that We know of. He was remark.
able for his dress-always appearing in the
EXTREMIST fashion, and his tastes were pc.
cular; strikingly exhibited in the furniturs
and decoration Of his room. Up to the
time OF the alledged discovery of The i'm
proper intimacy, which led 10 his uniimely
death, few men lived of whom less that
was unlavorable could be said. II in that.
as we shall soon know, he was guilty, no
was guilty of heinous, and under the Cir
cumsiances a peculiarly aggravated crime,
which he has eSpiuted with his life. Upon
the developments to be made in court. rests
the proof of the extent Of his crminali.y,
while they too must exhibit what there is
in mitigation of the extreme vengeance
wreaked upon him.
The funeral services Of The Episcopal
Church vert read for the deceased Satur.
day evening at o'clock, at the Exchange.
by the Rev. Mr.. Norwood. The scene was
impressive. The deceased's broiher-in law
and sister were present. The latter had
come from New York TO see him die she
came too late TO be recognized by him.
Her extreme distress enlisted the earnest
sympathy of all present. Il is intended to
convey the remains of Mr.. Hoyt to New
York for interment.
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-11-06
DECISIONS OF JUNE TERM, 1916,
SUPREME. COURT OF ALABAMA.
reported for the Journal and Flag.
MARSH, VS.. THE BRANCH BANK OF
MOBILE.
1Tob;Le Circuit Court

DfOUH6 CUcuI COHFI.
P. Phillips, for appellant.
LEsEsHE for the appellee.
COLLIER. c. J.
/. Where the Circuit court announces that
the criminal docket will be taken up on
a certain dav, and that until it is disposed
of no civil business will be called -
Such announcement is not a license to
witnesses in civil causes 10 withdraw their
attendance for the residue of the term,
or until some future day in the term. The
mandate of the Subpoena requires them
10 be present from day to day until they
are discharged.
2. u parties litigant desire TO be relieved
from the payment of the costs, they. must
excuse their witnesses from attending.
3. the certificate Of the clerk of the aten.
dance of witness, is prin,a facie evidence
Of lis correctness, but ii is competent for
the party at whose instance he was sum
moned 10 show the reverse.
4. 1t is the duty of courts to supervise the
the taxation OF costs by their ministerial
officers, and they are investt with am
pie powers for this purpose which can
not be impaired by the fact that a witness
has received a certificate from the clerk
according to the provisions of the stat
ute.
5. 1t is the duty Of the clerk 10 issue a sub
pgna Tor witness 10 each succeeding
term, where it has been once directed 5v
party, until the order is countermand-
ed and it is the corresponding duty of
the witness to attend until discharged.
Judgment reversed the cause TO be re-
manded il desired.
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-11-06
Rail ROad Accident.

A serious accident occurred on the Jack
son and Vicksburg Rail Road, on Friday
last. We take the following particulars from
the Sentinel OF the 10th inst:
We regret to have TO record serious nc.
cideht on our Rad Road. On Friday eve
ming last. as a train of burthen Cars was
coming in from Jackson, the high bridge four
miles from this place gave way, precipita-
ting the whole train to the bottom with a
crash. One Negro man was killed, ahoth-
err had several limbs broken; and the En-.
gineer, Mr.. Downing, had one of his leg.
broken. There were about 800 bales Of
cotton on the Cars, at the time Of the ca
tastrophe .-Afississippian.
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-11-06
BENIN. WALLER. EFT iAL. vs. GIBBS
& LABUZAN.
Error to The Court Of Chancery Twenty
first District.

Error TO The Court Of Chancery Twenfy
first District.
METcALF, for the plaintiffs in error.
ii. J. THORNTON, Contra.
GOLDrHW ATE, J.
|. Where witness ultimately liable to the
defendant, is examined by him previous
to his answering the bill and the witness
is afterwards made a.parly defendant. his
deposition may be read by The compl ain
ant, iisthe facts to enlile the complainan Mt
TO the relief sought, are admitted by the
answer OF the new party under such
circumstances he is a competent witness
for the complainant, and his deposition
will not be rejected because taken without
the order!of court, or previously 10 his be-
ing made party.
2. Where the parties before answer, con-
sent that one set of dispositions, although
taken in different suits involving the same
question, may be read in all The suits, it is
competent for tie complainant TO read
the. evidence although taken by the de-.
PENDANT, but crossed by the other party.
Affirmed.
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-11-06

Gen. Duff Greene has pub iLed an arti-
Gle in the Union, which presents novel, but
no doubt in some extent a practical, plan,
for the payment of mail transportation on
Rail Roads, which whilst it promises to dc.
crease the cost to the General Government
will afford large facilities, to rail roads not
yet completed to extend their works. Tho
following paragraphs contain the gistof his
proposition,
81 propose that Congress shall authorize
contracts TO be made with railroad compa>
MES for The transportation Of the mails, and
troops, and munitions of war, and that, in
stead Of paying them quarterly, as now, a
fair equivalent for the service, in perpetuty
or for given series of years, in govern
ment five per cent. bonds should be paid
in advance; reserying in all cases. prior
lien upon the railroads thus employed, with
proper guards and securities to guaranty
faithful perfo rmance. The present payments
to railroads and STEAMBOATS, is about 100000
dollars per aGnum. BY way of illustration.
we will assume that tho payment to rail-
roads is 100000. This is equal 10 five
per cent. on ten millions of dollars, and tho
$500, 600 now paid TO these railroad COM
panies would pay the interest upon $4,000.
900. 1t matters not TO the department
whether that sum is paid as the cost OF
transportation, or as the interest on the
sum received in payment for lransporta-
ton.
But when we take into consideration tho
large Sums already expended in construc-
| ton of railroads, their connexion with each
other, the increased profits which would &C.
crue upon all by the completion of the UNI
finished roads, and that many of these aro
in the south and west where the cost of con-
slruction is but little. and that upon some Of
them large sums have been already expen-
| died. it is apparen! that the proposed advance
would tend to the immediate completion Of
many of these unfinished roads, and bring
into use from one to two thousand miles more
of railroad. 1t follows that the railroad
companies, in consequence of the aid thus
given them, could afford, and they, no doubt,
would consent to make the contracts SO
much below the present charge, as to cre-
ate sinking fund out of the present expen.
diture, which, in fifteen years would dis.
charge the princip', and thus relieve the
department from the payment Of interest.
| and give to the government the use Of such
roads, forever thereafter, free Of any charge
,chateuer."
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-11-06
HAIR, EFT AL. VS.. MATTHEW LA
BROUSSE.
Greene CHANGER,
UTeeHt CH1HceTy.
HAIR and BALDWIN, for the plaintiffs il

Greene Chnncery.
HAIR and BALDWIN, for the plaintiffs in
error.
MURPHY contra.
ORMOND, J.
L. Where parties enter into contract and
reduce is stipu'ations to writing, the
written memorial of The contract is the
sole exposition Of its terms, which cannot
be varied by parol testimony, unless it be
clearly made 10 appear, thai by mistake
it does not speak the true intent of the
parties; or unless the party has been in
duced 10 enter into it, by the fraudulent
representations Of the other.
2. Where the auclioneer at public sale, at.
ter the commencement Of the sale, pro-
poses with the appreciation of the vendors,
TO take deprecaled bank notes in pay
ment ofproperty sold; but the published
terms Of the sale demanded cash, and it
was doubtful whether any effect was pro-
duced by tho statement in enhancing The
price OF the property sold, and notes we've
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-11-06
JAMES w. WALLIS, vs.. RHEA g.
ROSS.
PickeaS COUNTY Court.

FtCKfHS county J0WI,
S. f. RICE, for the plaintiff in error.
VIM. COCHRAN, for defendant.
COLLIER. c. j.
/. General objections to deposition may
be promptly dsregarded by the Court
3. On trial of the right of property, a
claimant under deed Of trust may show,
that plaintiffs in execution were Informed
Of the existence of the deed before The
time prescribed for its registration, and
thus obvate an objection to its registra-
ton.
Reversed and rcmanded.
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-11-06
Decree reversed and bill dismissed.
WIN. McGEHEE, EFT AL. VS.. WILLIAM
DOUGHERTY.
From the Court Of Chancery, Sixteenth Dis.
trict.

From the Court Of Chancery, Sixteenth Dis.
trict.
A. J. WALKER and McLEsTER, for plain
tifi's in error.
CLARKE, for the defendant in error.
GOLDTHWAITE,J.
l. Chancery has no jurisdiction of a bill by
one of several partners TO whom balance
is owing on The final settlement and state.
ment OF the accounts, TO decree him his
separate proportion. If settlement is
the object OF the bill, all the partners
should be joined but the one partner can
only sue at law foi his ascertained bal
ance.
2. The transfer of chose in action, which
the original holder could sue COR at law,
will not of itself invest court Of equity,
With the wight 10 neutrality-suspicious. for
the demand.
Reversed and remanded.
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-11-06
Reversed and remanded.
GEORGE d. SHORTRlDGE, VS.. VIM.
EASLEY, ADMIR-. &c.
TdlZadega Orphans {

Talladega Orphans Court.
+. W. BowDoN, for plaintiff in error.
w. p. Chiffon, for defendant.
COLLIER, Gu.
l. Where a claim is filed against the es.
tate ola deceased person within six months
: after it shall have been declared insol
vent, the affidavit of the claimant 10 the
justice oflhe claim need not then be made,
but may be afterwards supplied.
3 Whatever may have been the common
law right OF an administrator 10 retain
from the assets oil the estate TO pay debt
due himself in case of Insolvency the
act Of this state takes away all pretence
for the right of retention, where the estate
both real and personal is insufficient 10
pay all just debts.
Reversed and remanded.
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-11-06

afterwards executed by purchaser pay.
able in money held that this is not a
sufficient ground in equity for enjoning
the collection Of the notes.
3. Where the representations relied on to
avoid the contract, do not relate TO the
article sold, but TO the medium of pay.
ment, a plain and direct offer is made TO
vary the terms Of the written contract by
parol evidence. 1t may well be doubted
whether this can BE- done in any possible
state OF the cnse, but. IL seems. it should
at least appear, that when the contract
was consummatad, by being reduced to
writing, some promise or nducement was
held out, that it should not be literally
enforced according TO its terms, but ac-
cording to an understanding then entered
into different from it.
Decree reversed and bill dismissed
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-11-06
BY AUTHORITY.
PuBIIc.-No. "a.

LAWS OF THE UNITED STATES, PASSED AT THE uRsT
SESSION OF THE TWENTY NINTH CONGRESS-
State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846, 1846-11-06

all other kinds; sugar of all kinds; siruP of SUI
gar; tobacco, manufactured; iwlnes and pack
thread, OF whatever material composed; um
brellas; velIum; vinegar waters; water col,
ors wood manufactured, not otherwise pro
vided for, and fre-wood; wool, unmanufactur-
ed
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-10
BY A. GREEN, Auctioneer.
HOUSEHOLD AND KITCHEN FUR.

IL Il ntture at AucttOn.-On Wednesday, the
18th instant at 10 O'clock a. m. by virtue fan or.
der for distress, and to me directed shall expose
public sale, at the residence of Ms. NJ. B. Rum
ney, nearly opposite the north Capitol gate Capitol
Hill, in the city Of Washington, the folio wing
goods and chsttels, to wit:
Mahogany sofas, sldeboards, bureaus, loun-
ges, &c.
Mahogany marble-top pier, dining, breakfast,
and centre tables
Mahogany dressing, wash, and work stands,
rocking chairs, &c.
Maple, .cane-seat, and other chairs, wardrobes
&c.
Parlor and chamber window curtains
Astral, hall, mantel, ard other lamps
Featherbeds and bedding, hair and shuck mat
tresSes
Andlrons, shovel tongs, tenders, stoves, &c. 4
Pier, dressing, and hanging glasses, toilet sets,
&c.
Parlor, chamber, hall, and step carpets
High and low.post bedsteads, writing tables,
&c
China, glass, and crockery-ware
Silver spoons, castors, &c.
Also, good lot Of kitchen utensils.
With large lot Of other articles not necessary to
enumerate, seized and taken for house rent due in
arrears to Alfred r. Dowson.
Terms: All sums fand under 500 cash; all over
credit oftwo, four, and six months for notes sat
isfactorily endorsed bearing interest.
B. R. BURR, Baiff,
A. GREEN, Auctioneer.
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-10
GREAT reduction in the price of new

III 'O'HU'' IN 'HO FFECt VI HbW
~ music The undersigned will henceforward
sell all kinds of music at reduction of from 30 to
80 per cent less than the regular prices according
to the amount purchased. Seminaries and parents
will at once see the immense saving by the purchase
Of music. las well as other articles) at Statoners
Hall, the Oldest and most extensive establishment
IN the District where strict uniformity Of prices is
observed, third door east of I2,h street Pennsvi.
vana avenue. W. FISCHER.
Anrl ln-2fnwAu
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-10

DISCOURSE by WIN. G. Rives, on John
- Hamden and the struggle for constitutional
liberty in his time.
~ DeveIoo uep'o iian'uen sunny Co"ege, lSth
form, and this day received, for sale by
April III F. TAYLOR.
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-10
SUG AR AND MOL SSES.
At auCtton IN Alexandria

ON Wednesday, the 18th instant, at III o'clock
~ will be offered at auction, on Union wharf, the
cargo of barque Archibald Gracis from Mayagusz
Porto Rico, consisting of
$50 hogsheads prime selected sugar
AZ barrels do do
ll6 hogsheads prime P. R. moasses
III terces do do
Terms at sale.
LAMBERT & Nick ENZIE.
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-10
WANTED, a situation as teacher in a

w private family, or principal of respectable
school, by gentleman who is graduate Of a
hlghiy respectable university, and who is capable
Of instructng thoroughly in the Latin, Greek, and
English languages, with the English branches and
mathematics The most unexceptionsble references
for morality and ability will be given. Any COM
munlcstions addressed to x Y, Washington city,
ID. c., will be attended to.
April O.
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-10
Very Superior Havana Segars.


Very Superior Havana Segars.
TNHE subscriber has just received, direct from
l. Havana, per barques Louisa and Rapid, SIS ,OOC
Of the most superior brands; consisting Of
5000 dos famas Regalia, LILO boxes
5000 Upman do Ito do
5000 Premavera, pressed in bundles, l.8 b'x.
5000 Bayanettas, IA boxes
5000 De Moya, IA boxes
10000 Cabalaros, IA boxes, small size
5000 London d, Ia boxes
5000 La Victoria
5000 La Gratitude Werner, small size.
The above lot Of segars are of the subscriber
own importation, consequently they are purely gen.
uine.
Also in store, 100000 segars of various brands,
and at prices to suit the times.
W. H. WINTER,
No. 6 east of Coleman's Hotel,
April lO-co3tif sign of Jim Crow.
New and Cheap Spring and Summer
Goods.
INHE subscriber would respectfully call the aten-
l. ton of his friends and the public generally to
his stock of fresh spring and summer goods, which
he has just opened, direct from the North, consist
ing in part Of
New style French bereges and balzarines
Do lace, stripe lawns and ginghams
Do yard-wide lawns and ginghams at Csc.
Pink, blue, and buff Chambray gnghams
1000 yards French English, and American
prints
Manchester and Earlstou gnghams
10 pieces black and white prints
S dozen rich berege shawls, variety Of coors
Plaid and striped cambria and lace musins
Null, Swiss, and book musins
Black mohair netts
Figured and plain bobbinets
Muslin and cambria edgings and inssrtinss
Bobbin edgings and aces
Fancy cassimeres, tweeds, and summer cloths
Gambroons, cottinades, and drills
White linen drilling and nankeen
Rutland, Florence, Neapolitan, and English
straw bonnets
20 dozen white and colored palm leaf hats, and
Shaker hoods, from 12j to so cts.
Daily expected, large and handsome assortment
Of parasols, sun-shades, and parasolettes.
GEORGE F. ALLEN,
Penn. av., between 18th and 18th SITS.
April lO-3tSru&Th
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-04-10


ments of irregular cavalry to the Bengal army and
| of three regiments of infantry to that of Bombay
The Bombay Times says:
"The enemy continue to muster in formidable
force, and 10000 men, with 10 pieces Of ordnance
| are said to be assembled to oppose us. The bridge
they have established is Of much sodity, well
placed, and protected by heavy ordnance Frequent
demonstrations had been made on Loodianah where
the force was considered weakest. About 90, 900
had crossed over by the 18th; and they had on the
18th settled themselves, and proceeded to intrench
in our neighborhood.
"The services Of the force under Sir Charles Ma
pier, whose cooperation seems to form portion of
the Governor Generals plan, will hardly be avail
| able before the LIST of March; and considering how
soon after this the fierce and tremendous heats set
In, 1t appears more than doubtful whether a regular
campaign beyond the SutIej will this season be en-
tered on. IL must be remembered that the country
proposed to be invaded if intended to be annexed to
| the British domnions must be throughout COM
pletely subjugated; that it comprises an area of
25OOO square miles, traversed by vast rivers and
mountain ranges reaching the greatest attitudes
known to man; that 1t contains fierce and unframed
population Of nearly 100000 Of human beings
Nor must il be forgotten that not onefourth Of the
magnificent artillery of Runjeet Singh has been cap
tured or disabled; that two-thlrds of his army re-
main unchanged and entire.
at seems not improbable that this season Lahore
may be occupied and garrsoned, the communication
with Fsrozepore-the post where our troops and
magazines must he cellected-being kept IN; and
that thus will their capital become the centre
and emanating point Of the next years operations
The war advocates at home have for years past
talked Of the conquest Of the Punjaub as at once
easy and desrable-the destruction Of the Sikh EN-.
pire the task Of few months. The exploit has
been forced on US, and we must perform il as best
we may; we doubt not but in the end we shall do
go triumphanuy, but we must add 30 900 men 10
our army, and 4l0,0O0,0O0 to our debt; and this
with an income not able Of late to meet our expendi
lure by nearly f2,00O, 900 year.
Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1846-11-12
Ex-GnYERNois rnoMAs.

Our readers are aware, says the tlageTstown
(Md.) Torch Light. that tue trial Of FIX Gov
ernor TuoMAs, for libel, is sci down for the next
term Of the Circuit Court Of the United states,
foT the DiStric, Of Columbia. la eonnexioa
with this affair. indictments have been found
by the Grand Jury of Frederick County, up
on the testimony Of Mr.. IHoMAs, against Dr..
WILLikM Tyler, Sen, for nal practice as
physi IN the family OF Mr.. Il; upon which
indictments Dr. L. wii be tried at the APP
preaching term Of the Frederick County
Court.
In the Frederick Citizen Of FRIDAY last, Mr..
Thomas publishes a card directed 10 Dr. lY
LER, in which he requests him 10 procure the
attendance of Col. BENTON and wife. Cover
nor MoDowELI.. wife and daughter. as wit
nesses at the trial--he, (Goy. I. having had
suhpoenas issued for them. which they have
determined to disregard. Mr.. TnoMAs thinks
they would appear as the Witnesses eli DR.. IY-
LER. His card concludes with the following
paragraph:--
Now, sir. YOU claim TO belong to that class
of society, the members OF which value repu-
tation above all things. Few Of them will
take advantage Of the forms Of the law, and
the rules OF the Courts. 10 manufacture char
acters, TO which they are conscious OF having
no shadow OF title. l am sensible, and you
know that any issue to the cases against YOU.
before Frederick County Court, must involve
forfeiture Of all pretensions to responsibility,
on your part, unless ali the means IN Your
power are used TO have in attendance all the
material Witnesses. That there may be 10
preience Of ignorance, as to the materially Of
tie testimony of the witnesses named, and
who have refused To attend, notify YOU that
Col BENTON and his wife. and Coy. Mellow
ELL and his wife and daughter, can prove facts
eXonera'ing my character from every imputa
ton thai has been cast upon il, and material
to the issues involved in the indictments
And cali upon YOU TO exert all the means in
your power to procure the attendance Of those
witnesses, il beng my wish 70 be a mere SPEC
tutor Of your trials, being willing that their ies-
timony shall decide The cases without nay per
sonal participation in any form.
Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1846-11-12
ONE HuNraxo YEARS.

Hank ali list-a solemn knell
Is striking now from the village bell
Some soul has passed from earth away
Some restless heart no more viii play;
III listen TO its saddening chime,
And count the years Of lifetime.
One hundred years. And can ii be
That thou hast lived a century
One hundred years! An age Of time
Has struck for thee on the clock of time.
One hundred years! Did death forget
That you on earth did linger yet}
One hundred years. And in that time
Great change has swept DER many cline
Each heart which beat in youths fair day
All warm from thee, has passed away,
And thou alone, of all that race,
Upon this earth hath kept thy place.
Now dull and dim, that eye once bright;
And burning low. is reasons light;
Thy voice melodious once did speak,
But now It's trembling. cracked and weak.
And this alas it is to be
The remnant OF q century,
Thy hand all treubling-once so firm
Thy limbs are stiff-ihe lilesap gone
Thy ear, which drank loves lowest word,
Is chill and stilI-no sound IS heard.
Oh never let me be like thee,
The last leaf OF a century