davidaulloa/AmericanStories huggingface dataset:
The Arkansas banner., 1847-02-17

s.1 |. der impuldsions of the most ininFuMs charac- itrp such ehsrges as no innoes:ss.s sss=a should or would quietly sebmIs to. will now state she charges to which then only alIu- ded. They were so notorious that an ellu- sion to them was all that was necessary They were that he had stolen three hundred dollars from member of the bar, and had feceiYed brihe. These charges were made by others, not by me. did state, thasI would not, if could avoid 1t, have case involving ten dollars, tn which l was inter- ested, adjudicaled by Judge Sutton, if his interests or his passions were in the way oI an upright decision. Inow assure the Judge, that never uttered a sentiment with more sincerity in my life, however much be may believe to the contrary notwithstanding. farther stated, .without divining the cause, J that the Judge had adjourned special term of court tn Bradley county, on account oi indisposition, when he was ahle to ride forty miles on one of the most ineleme0t aud dis agreeable days of the last season. This, if it was necessary. could be proven by the most respectable men in Bradley cearty. This, as we'll as can recollect, is all that said upon the subject. Mr. Embree, Of Jefferson, sialed that Judge Sutton was accused ot monstroGs crimes "- Mr. Gould, on the oc- casion, remarked that, when it came to inn peaching the Judge, she was there.n So i. appears am not singular in the opinion expressed of the Judge. He says he should be impeached, if the charges made by me were true. Though incur the risk of be- ing denounced by the Judge for expressing such an opinion,I differ with him little, and think he should be sent to the Penitea- l tiafy for life.
 l understand what the Judge means when he talks about resRning for personal motives It is ludicrous to the last degree. He plain I y intimates, that he expected me to avail myself of the remedy 10 which one gentle man sometimes resorts, when aggrieved by amother If coula so far forget my own self-respect, as to to this, expect the Judge would apologise aud re,ract, with as much alacrity as he did tso years ago, when public opinion had not zone that justice to him which [ at presenthas, and called him to account for an insult he offered to me.
 If the mos, guilty and depraved convict in the State. who would nos be fouler stain upon the Judiciarr than is W. s. Sutton should be translated from cell in the Peni tentiary, to d seat upon the Circuit beDch should be pleased 10 call me hard names because, in this discharge of what consid cred to be my duty, l lad stated what ht was and had been, 1t would hardly entiilt him to the trea,men that geailemaa would have right to exptct W. 5. Sutton is no the less felon for being unconvicted
 | If acciden, brings me in contact with { vile and loathsome reptile, either go rount il or kick 1t out ofny way. certainly nev CT seek collision with one.
 A. RUST.
The Arkansas banner., 1847-02-17
GENERAL ORDERS, NO. 3.
 WAR DEPARTMENT, Adjutani Generals Office. Washington, Jan. 2S, lS47
W. l.. MARCY,
 Secretary of War.

The toiloiring k the paragraph of he Geaerai Regulations for the army established on Me lsi ef .March, 1925, referred 10 adore.
 1850. Private letters or reports, relative io military marches and operations, are fre- quenily mischievous in design, and always disgracefal to the army. They are, there fore, strictly forbidden, and any officer found guilty of making such report for publication, without special permission, or of placing the writing beyond his control, so that il finds its way to Ihe press, within one month after the termination of the campaign to which il relates, shall be dismissed from the service. g By order: W. G. FREEMAN,
 Assistant Adjutant General
The Arkansas banner., 1847-02-17

additional fights in thai wsy; and, another thing, since I hare been siek, 1t fsiiguss my mind more to wn,s ihan is does my body to walk.
 Gen. Wool has been superseded, in the command Of our troops, by Gen. Butler, of Kentucky. have not seen Gen. Butler, but report speaks hyorably of him, and hope he will give satisfaction b all. Gen. Wool was far from satisfying any 'Tis true he made pets of some but they thought none the more of him for that He had, at one time, Coi. Yell, Col. Roane, and Maj Bor- land, all under arrest. He soon go. sick of it, and turned them loose. That act had a tendency to unite all the volunteers, and now they consider him the common enemy. Gen. tool will continue lis command as Brig adler General; but Gen. Butler, being pres en,, will reduce him 10 mere cypher. Most persons think tha, he .sTool) will get sick and % home. If he does retire from the army, would certainly advise him to go to Linle Rock, and enter into partnership with old '.'.'', on s,ock-iarm, for they cer- tainly are some kin, and are so much alike tha. il would D. a pity to separate them.
 You, perhaps, would like to know where we are going, and what we will do in the fu- lure. should like to know the same thing. The fact is, that, iu these times and at this particular place, every man has plan of carrying on a war, which, if the General would adopt, he would certainly soon bring about peace. But the General has not yet published his plans, and presume he will do pretty much as he pleases. take il for granted that he cannot adopt all their plans, and il will follow that, as far as planning is concerned, good many will be disappoin- ted have all confidence in Gen. Butler, and think that he will do the thing that is right He is citizen, and not regular of ficer, and think that volunteers will fare better under him than they dId under ten. Wool, who was decidedly partial to the re- gulars; and, in the end, there is one conso- latlon--we cannot be worsied badly by any change in Generals which may take place Wool IS the poorest General in the army. have been here so short lime, that do not know what would be the best way for you to direct your letters. It will, how eves, be proper to endorse on them, "Arkan- sas Regiment,--Gen. Butler's commando You will, doubtless, find tie best and most expeditions route, for letters, by reference to the newspapers; and, as Gems. Taylor and Butler have military mails carried through Mexico, any letters which you may direct to lheir armies will be forwarded. There is no mail from San Antonio.
The Arkansas banner., 1847-02-17

[. gives usPlsasure to announce the pas sags in lIae Senate, of bill authorizing the President to raise in addition to the present rsxsEar E.xce. Ten regiments for the pro secusion of ihe war. This was bull of the House of Representatives, and was sent back wish some amendments Isr most important of which related to the granting of bounty lands to soldiers. The action taken upon sahis and the loan -biE recently enacted, serves 10 show shas congress, will no longer lake tie responsibility q withholding the sinsws of var from the government, but encourage Il v voting the supplies of assa aad money dssasMlcd by lAe President, to sustain the Aonor of our arms. The most vigorous measures will HOW De taken. to afford our cammanding Generals. every facility for she conquest of peaee or Mexico.
 VI afe iadebsed 10 Hon. A. H.SEuxRfor inlssess;ng public documents.
The Arkansas banner., 1847-02-17

No. 56. Town v. Wilson. Appeal from Washington Circuit Court.
 Dismissed. Opinion by Johnson, C. J.
 If the affidavit, for an appeal, is not in strict compliance with the statute, this Court acquires no jurisdiction over the case. If the aihdayi, states that the appeal is not made for vexalion or delay, but omits to state that the appellant is aggriered, sc, it is not sufii- cient.
 D. Walker, for appellant.
The Arkansas banner., 1847-02-17


 No. 3s. Barraque ct al. nss, &c, V. Man. ueL Appeal from Pulaski Circuit csur,--in ChanceFy.
 Affirmed. Opinion by Conway B, J. Upon . bill, by B. $ M., to purchase i. morigage for a joint debt austhen, the court cannot make decree for separate debt due to B. if the same be not alledgsd tn the bal to be secured hy the morsgage; although ,A., fact may appear from the subsequent pro ceedings in the cause, for no relief can ,. granted for matters not charged m the ha. IT Ms entire interest in the mor,gaee haa ceased, he should not have been party complainant. A bill. il, eqaisys cannot he brought fos the use of third person nor although 1t may appear that the morgare was intended so secure the payment of a debt due from the defendant him, but which is not reeited in the mortgage nor alledsed in the bill.
 Watkins & Curran, for appellants.
 Ringo & Trapnall, contra.
The Arkansas banner., 1847-02-17
Yours, &c.,
Deel.lon. Of the supreme Court.

Feb. S. No. 57. Adams ct al V. Roane ct al App peal from Johnson Circuit Court.
 Affirmed. Opinion by Johnson c. J. A written notice to sue, given by the se- curity, and served upon the clerk of the Trustees of the Real Es.ate Bank, is not sui ficient service, under the statute, upon the Trustees, to exoneraie the security upon suit brought after the thirty days nor, although the clerk informs one of the Trustees that such notice has been served upon Jim. D. Walker and English, for appellants. Pike & Baldwin, contra.
The Arkansas banner., 1847-02-17

Lieut. Hancock, of the 9th Reg,. U. s, Infantry, arrived in this city on Thursday last, on his way 10 take charge Of com pany of recruits at Newport Ky, whom he will conduct to Mexico.
The Arkansas banner., 1847-02-17


 Mr. Stevenson, for ele following extract of letter dated
 CAMP NEAR PATRoss, MEXICO
 Jan. 3rd, 1S47. We arr now encamped about B or 40 miles west of Saltillo, near the above named little town Patross-the Ar kansas Regiment only We were separated from the main body Of the army. oa account of the scarcity of forge in the vicinity of Saliillo; Gen. Wool, with the remainder of the division, are camped near Salullo 1 wrote you about the 1jth of Dec, by Mir Cook, of Washington Arks., whilst at Parras, where we were then amped, and expected to remain several monhs, but the same day that Cook Jeff for hone, about } o'clock in the afternoon. anexpress come to Gen. Wool, to march immediatelyto Saltllo, to assis, in opposing Santa Anna, who was supposed to be then on his way from San Luis.
 This express was unexpected by all. It created quite a stir in camp. In a few minutes after the arrival of the express, we had orders to strike telts, and be ready to march in half an houi, which was accord l ingly done; and that evening we marched some 10 or l5 miles, and reached camping place late at night. My horse was sick when we started, and had been all the fore noon. Notwithstanding, l was compelled to ride him, and that night. after reaching camp, in five minutes after had dismounted he was dead horse So there was fellow about my size, afoot, md 100 miles from the point of destination, and not dime Hi my pocket. As for the money, cared not, but i the loss of my horse, grieved me very much, as he was one of the ines, in our Regiment. l had refused Sl50 fer him, which could have got at any time. As we had to march by 4 o'clock next morning. 1 commenced ] looking about to see whether should walk next day or not l succeeded in obtaining the loan of horse from Col. Roane. which was thankfully accepted by me. If the clothing so long looked for, does not soon come, we will all be naked, as we have not been paid any vet i Remember me to all my friends, write often, as it takes letter long time to reach me- am told that the Rock is dull place now. but it Is no, more SO than living in the woods, in tent.
The Arkansas banner., 1847-02-17

The New York papers announce the death, from pulmonary infection, of Virginia Eliza, wife of Edgar A. Poe who is also sui -isfiag acassly from he same disease. He is we'll known as one of the most distinguished literary men of our country.
The Arkansas banner., 1847-02-17

No. 76. Mcbride V. The State. Error to Yell Circuit Court.
 Affirmed. Opinion by Johnson, c. J.
 Indictment for an assault with intent to main: the defendant acquitted of the intent, but convicted of the assault:
 Held, that he might well be convicted of the assault, it being an offence of the same class and of minor grade. sa W. Walker, for plaintiff.
 Watkins, .4tto. Gen, contra.
The Arkansas banner., 1847-02-17
! l7sIs1S '. iaIlAIlU0Nl fslltsF.
LITTLE ROCK:
WEDNEsDAY MORNING, rEB. i7. is47.


 The Eilisor ef shs DernocraL in . qlsisi asap. is sssy severe upon us for nccs.iing to ihe proposAl Of she Gazette, 10 give one CO inna of our paper fore es s.discussion of any Chsisiian doesrines 2 and Lsgestsihalii would bs mpss hssier so proclaim 10 the world thas our citizens are in want of EiDlss. How the Ezitor has diseoysssd tiss ssss people srs in want of BibEfs, we ara nor able to teIl, and we srs not inclined to admit any such de6- ciency. The Rector of she Episcopal Church, as this place, las always been furnished with large supply ffsF diiisssiss.soa, and our nsigh- Dor, we fesl authorized tc say, can obtain one upon application, if he should unforta- nasely have made this statement from his own necessity. Bns, t what he says be true, wa should conclude that, in the absence ol tl.e Bibie, tenperase discusslon of reiigion, through the press, would be more beneficial. Theconclnding paragraph oft the Edi,or's no- sieseonsains rnorerit itan goodfasfe. Hesays s.as the feld is now fairly opened to religious combaiants, we presume the strife will shori- ly commence in good earnest, and their mot io be:
 .sLay on Mardnif;
 4 A 4 a&e sa Fx G . rz
The Arkansas banner., 1847-02-17
Feb. Q.
D. Walker, for appellant.

Feb. Q,
 No AZ Slate V Barkman. Writ of err TOT 10 Clark Circuit Court.
 Reversed. Opinion by Johnson, c. J.
 Upon motion to quash first indictment because second had been found, for the same offence, the Cour. will not take judicial notice of the finding of the first; but the party should bring ii to the notice of the court by plea or otherwise. Therefore, where an indictment has been quashed, this court will not presume that il was because of the pendency of a loimer one for the same of fence, or for other matter deho's tRe record, where the record is silent as to the cause.
 Watkins, .4tto. Gen, for plaintiff Riugo & Trapnall, contra.
 No. 54. State, use Reider, " Lawson e. al. Error to Pulaski Circuit Court.
 Reversed. Opinion by Oldham, J. Every species of property may be taken by attachment, The statute, authorizing a.- taehmenss, being general and comprehensive in its terms, will include Treasury notes oi the United States in the possession of the defendant
 Watkins & Curran, for plaintiff.
 Pike & Baldwin, coptra
 No. 70. State Bank V. Jenkins ct al. Err TOT to Washington Cmcuit Court
 Reversed. Opinion by Oldham, J
 A note given to the branch Bank of the State of Arkansas, at Fayetteville, Is note to the Bank of the State of Arkansas, and imports of itself, without the necessity of proof aiiHnde, tha, it as made to such Bank.
 Lincoln, for plaintiff
The Arkansas banner., 1847-02-17
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Ml|.
 So, lOa Greene ., al '. Thcmsoa. R,. TOT 70 Clarke Circuit CosAl
 Reversed. Opinion by Johnson, CT
 The breach of the eontsacs must be .,a,.d in the deelamsioa, and must Se h .as word, of the contract, or eo-sxsea.iss wish i,s i, port Where the declarations contain. s.,,. fal counts for dissinc. sasses ef seaOs. sAew must be es separate breach to ssek essns 6, 'hs general brsach mass be ssIieisa,sy CT. isnsive so embrace all .he coanas upon whieA the PlainsiG relies. To charge aa endorse the count mussaver non-payman.by the n.- ker.
 Flanagan, fsr plaintiff.
 Jordan, contra.
The Arkansas banner., 1847-02-17

No. 75. May v. Cassiday. Appeal from Pope Circuit Court.
 Affirmed. Opinion by Oldham, J.
 Evidence relevant to the issue, though in- sufficient to establish 1t, cannot be legally excluded. But, if such evidence be exclu- ded, and the verdict would have been the same, had the testimony been admitted. this court will not grant new trial. A written assignment by the payee of the insssamen, in writing does not convey the legal interest to third person, unless it be perfected by delivery.
 W. Walker, for appellant.
 Watkins & Curfan, contra.
The Arkansas banner., 1847-02-17

2 -<
 CoRS AND Corrox.--Ou Our last dates from New Orleans. state sales of immense quantities of both these staples are con ssanily increasing prices.
 On the 5th inst, sales of l57, ,656 bushels of corn were made a, Sl and there were further orders for more than the market would supply. twas alsosaid that in some transactions, more than this was given by buyers.
 In connection with this subject we may remark that every arrival from Great Britain brings us accumulated accounts of distress and famine in Ireland. Ii is thought thai even another year cannot correct this dread fal state of things, as the whole laboring popuiasioa iH some districts one leaving lheiI farms and as yet the government have nol attempted to apply any relief to this state of suffering. The destruction of the Potato crop, is said to be complete in every portion of the country.
 The Bulletin of the 18th says, in relation to Cotton:
 The market at the close continued in a confused and unsettled state, and i. would be impossible 10 make an accurate table of quo tations. Our figures below are given as ap- proximatiug to the average range of prices. sThe sales O. the three days sum up 1850 bales, and of the week, 5300.
 SEw-oRLEASs cLAssIFIcA ATIoS.
 ...;f..i,... l. il..A -.f Y;..a.-.aai
The Arkansas banner., 1847-02-17

No 66s ssaie Bank '. Kipmaa ] Enor io
 No. 65. same v. Marsh, lndepsn- tenes Circuit Court
 Dismissed. Opinion by Oldham, ,. On . petition, to set aside sale under ex- ecasion, she deisndant therein mus, give no- tee of .he application to she paSsrs whose in.ercs. is so be affected by the proceeding. Upon sueh petition, without notice to the ad- verse party, purchaser, or sheriff. the court acquired no jurisdiction over the person of any party. so ss to conclude his right, aud the refusai of such petition is not such a judgment as can be reviewed in this court.
 Lincoln, for plaintiffs,
 Byers and Pike & Baldwin, conira.
The Arkansas banner., 1847-02-17

No. 73. Steadman V. Planters Bank Mis- sissippi. Appeal from Chicot Circuit Court.
 Reversed. Opinion by Oldham, J.
 The Auditors deed, for land sold for taxes, when executed in accordance with the pro- visions of the statute, vests in the purcha- ser s.all the right, title,'' &c., of the former owner, &c., and is evidence that all things, required by law to make valid sale, were done by the collector and Auditor.
 Ringo x Trapuall, for appellant.
 Pike & Baldwin. contra.
The Arkansas banner., 1847-02-17
SALTiLLo, MExIco, ,
 Dec. %, lS46. {

Our Reglmenl, IS stationed at Patos, small town on tEe road from here to Psrras, on account of getting there an abundance of forage for our horses. Patos is about f0 miles from this place
 Our Regiment has suffered a great deal from sickness. The men have had the measles There have been 5 deaths in my company, viz: F. Van Meter, John and Will liam Paftle, Jack Denton, and James Col tharp. They (the company are now be- coming more healthy, and hope soon to have all my men ready for duty. J. NJ. has been sick, but is getting well. Tbe two IFS are in much better health than when they left home.
 ! met, in this place, but two acqaainsan- ees: David Douglass and MotIat Trimble Douglass, selling goods, and he will, proba- bly,b be appointed su,ler to our Regiment.-
 .
 ] will mol undertake to describe Mexico to you. Too many have written on lha. sub jeei, in she newspapers, for me to othrow any
The Arkansas banner., 1847-02-17

The following order from the War De- partment recently published in the Union, at Washington City, is denounced by the Whig Press, with some exceptions, very bitterly, aud Gen. Taylor whose gallant efforts were at first treated with great indifference, is ta- ken under their especial protection, and praises Of the most exiravagant character now poured upon him. The order is de- nounced by the Memphis Enquirer, as coolIy impertinenL But anything to injure she ad- mnstration with the people, or cripple the resources of government in what the Journal at Louisville is pleased tn call ia war agains, God" The mischief arising from imprudent and untrue statements, regarding the condi- ton of the Army and it's operations is the reason assigned for the revival of this docll- ment.
 GENERAL ORDERS, NO. 3. WAR DEPARTMENT, Adlutant Generals Office. Washington, Jan. 2S, l847 The following regulation has been receiv- el from the War Department.
 WAR DEPARTMENT, 2 \,
 Washington, Jan. 2S, lS47. The President of the United States directs that paragraph $50 of the General Reg',la- tions for the Army established on the lst of March, 1925, and npt included among those published January 25, l841, be now repub- lished, and that its observance as part of the general regulations be strictly enioined upon the army:
 W. l.. MARCY,
 Secretary of War.
The Arkansas banner., 1847-02-17

Ne thank the Editor of .heGazette fo' hla complimentary remarks upon the ssuTpres- sed Roriraitn But, as l. is cut rather "ioo Jai, for so lean parsonage as ourself, we shall only appropriate 50 mnch as we can properly claim. That we are s.inekperien- cesi ss sn Edi,or,n is, perhaps, the mos. un- questionable Feature otshe '.portfait," and, to serify il we acknowledge ihat we were never 70 much ., loss, as just at this mos ment. for some graceful compliment where with to express our sense of the kind man ner ia which our neishbor introduces us to his readers. We cannot use. in this instance, ihe lsackneyed phrases of editorial courtesy, for we feel like saying something better, and some of these days we will do live will.
The Arkansas banner., 1847-02-17

No. S3 Lincoln V. Williamowiez. Ap- peal from Pulaski Circuit Court.
 Reversed. Opinion by Oldham, J.
 The defendant has righ, to plead as many pleas as he s.may think necessary for his de- fences" and the several pleas may be incon- sis,ent with each other Where the defeu- dant pleads the same matter. in several pleas, the court may compel him to elect upon winch he will rely. usury cannot be given in evidence under the general issue without affidavit.
 Hampstead, for appellant.
 Watkins & Curan, eontra.
The Arkansas banner., 1847-02-17
No. B. Brown v Sickle. Error 10 Craw. ford Circai, Court.
 Reversed. Opinion by Oldham, J.

KeveFsed. Uplhloh by OfdHah, ,.
 No matter, in abatement of sui, by at tachmen., car be pleaded by the defendants is suit on the bond given by the original defendant for release of the party attached. A plea of auf tiel record, properly concludes with a yerifcation; demurrer to plea ques- tions its sutficiency to bar the action, and does no, raise the question whether such plea is inconsistent with other pleas filed by the defendant. plea mus. traverse, or confess, and avoid If it be wholly vague and indef- mite, it is bad.
 W. Walker, for plaintiff Paschal & Ogden, contra.
The Arkansas banner., 1847-02-17

A Fi1aps appetts in ouf exchanges, Q which general cledit k attached, that oar gCyssnmens has received oyer,ures of peace from bIexieo. and .hat he President is dls- ppsed D acrsde . them. Tkis is said to be iie basis of he MI introduced by our sena- ios, Hoa. \. il. seyier. to place in the hands of shs President, shree millions of dollars.
 The Washington Fountain, places the name C Gen. Tbylor, q iis head as he Whig candidate lbr the next Presidency anss gives ihe additional on all. inst he has been recalled by he GovemmenL The Union says that t is in possession of no informa- lion warEanting such report.
 We beg leave n direct the attention of the Gazette io an article in the Union, Of the 4th inst, un.ler the head of ssCapisnlation;Y re- viewing Gen Taylor's letter. His complaints nf inc administration, and his conduct at Monterey, are exposed in manner so flank, yet forcibIe, that we think. upon a candid perusal of i., our neighbor will no lcnger differ with Bs in he opinion that il sstletracis from his fame.n It contains complete re- fu.asion of all tho an,i-war slang so preva- len, among the whigs, and ihe charge of hos tiIity, by the President, towards the leaders of the army. We will publish i.next week, having noticed it loo late for this number.