davidaulloa/AmericanStories huggingface dataset:
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-16


The plaintiff in error was convicted at
the November term, 1917, upon a charge
for gaming. and was ordered into custody
until the fine imposed and the costs of
prosecution were paid Subsequently, he
moved for a discharge upon the ground,
that he had fully paid off the said fine
and costs. The motion was OyeTruled and
a bill of exceptions. setting out the facts
was filed, from which it appears that the
Indictment upon which the conviction
was had. was found at the April term Of
the Court in 1857. and. of course. before
the Revised Code went into operation.
and that the conviction did no, take
place until after the day appointed for
il to take effect That the plaintiff in
error hath paid all the costs Of the prose-
cutiou. and ten dollars. as the tax fee TO
which the District Attorney would be emit
tied. if the case was to be governed by the
provision of the Revised Code in relation to
the tax fee Of the District Attorney in such
cases.
All the existing acts for the prevention of
gaming. were the subject Of revision. and
were therefore repealed bv the Code. and
ceased to operate on the first of Noyem-
Der. 1851. when it went into operation
me- ''A''. T. f-t- vi. l. Al w 't
prosecutions then pending and undcci-
| ded. In such cases the law which APP
! piled when the Indictment was found,
/ was continued in force, and governed the
/ prosecution in regard to the nature and
| definition of the ofiensc. 1t also CON
4 trolled as to the punishment attached to
the otlensc charged. unless when mlder
/ punishment was provided by the Code
! In such cases the mitigated punishment Is
to be applied instead of the severe one
| prescribed by the previous law. Rev.
/ Code A. chap /. Art. 6. 1t j.. there
fore, true as contended by the Attorney
/ General. that although the trial occurred
| after the Revised Code went into opera
| ton. the conviction was had under the
law which existed when the Indictment
/ was found. But this can have no effect
I upon the question, whether the motion
/ was correctly or incorrectly oyerruled,
| unless it i made further to appear that
| the 9th section of the Act Of 1899 was
| not repealed 10y the Revised Code. If il
| was not repealed. there was no error in
the acton Of the Court. a. the District
| Attorney was entitled 10 q tax fee of fifty
dollars. 1t Is certain that the provisions
| Of the 9th section of said act were the
| subject of revision. and were therefore
repealed by the Code under which the
District Attorney is allowed for convic-
ton. under the statute against canning. a
tax fee of only ten dollars. 1t follow,
hence that no fee should have been taxed
unless the provisions of the Revised Code
regulated the question Of costs OF this
there can be no doubt. In either event
the judgment below was erroneous: and
ii Is ordered to be reversed. and the iudg
ment, which should have been entered
in the Circuit Court, be entered in thi.
| Court
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-16

error, v. Mississippi and Tennessee Railroad Co.
defendants.
The defendants in error filed their com
plant to recover the amount claimed for
stock subscribed and called for under the
provisions Of their charter. The plaintiff
IN error filed two answers in the court be-
low to said complaint: LIST, a general de-
maj, and 2nd a special plea in bar. To
the latter plea there is demurrer which
presents the main point in controversy
here.
BY this special plea it is alleged that
the defendants IN error We're Incorporated
on the 10th October 1852, and were an
thorlzed by their charter to construct a
railroad from such point on the northern
boundary line of this State as they might
deem most eligible, to run through the
counties Of DeSoto, Pamela. Nallobusba
ana lallahatehle. and connect with the
MISSISSIPPI Central Railroad, AT such point
as they might elect; and, in the event the
Mississippi Central Railroad Companv
dld not complete their road to Canton. in
Madison county, the said defendants IN
error might continue their road to Can
ton. The plea in answer thus overs 10,
tIe hteState OF plaintiff in error suhscrib-
ed under said charter or nc, IN oo,,s.r,,1.
wv NNAtA anu not otherwise
mat afterwards. on the Sth March IS56
an act was passed by said Legislatnro ~
Mississippi, authorizing defendant in o,.,. ~.
TO construct a branch railroad fron, nn,.
point on the main line of their roaJ -
SAID south of Tallahatchie river tLraUrl,
me counties Of Pamela Yallobpsbo iii
hatchle, Carroll, Holmes. Alfalfa Vo,no
and Madison counties, or any of tban, :,
Canton or Madison county. or to any n ~, ~
on the Mississippi Central Railroad ba.
tween Grenada and Canton. and author-
i1lhg an increase of their capital stock 70
an amount sufficient therefor. with pro
Vlso mat no part of the stock subscribed
prior TO the passage of this act. should be
applied 10 the construction of said branch
road. This act and amendment was ac-
copied and agreed to 10y the defendant in
error and majority of the stockholders
IN SAID company, but was not accepted or
agreed to by the intestate of plaintiff in
error.
The demurrer to this plea was sustained
and without a judgment of respondent
ouster-the cause was submitted TO the
jury. and verdict and Judgment rendered
for defendants in error for the amount OF
their claim and interest; from which judg-
ment this writ of error is prosecuted,
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-16
DECISIONS OF THE HIGH COURT.
IRpor,cd expressly for the Eus,syn c2,,;,o


Mississippi Tennessee Railroad Co, plaintiff ii,
error. -. John Harris. defendant.
Error to the Circuit Court of Pamela
County.
This writ Of error is prosecuted To r.
verse the Judgment below, upon the
ground that the court should have grant
ed a new trial on plaintiff motion be
cause the jury found contrary to law and
evidence.
The question before the jury was wheth-
or the defendant had paid the one per
cont. required bv the charter of ncorpora-
ton, so a to make him a stockholder.-
The evidence showed his subscription for
eleven shares On the 18th November,
1852, Martin. the Commissioner to whom
the subscription was given. tcstitics that
he did not pay the | per, or 80 cents on
each share al the time of subscription, but
that q short time afterwards, and before
| the organization Of the company. g. y
| Heron paid it for him: that few day.
| afterwards he told defendant of the pay
| mcnt for him 10y Heron. to which IA,
made no objection. but said there was 6
settlement between him and Heron. ano
| that Heron owed him. Heron proved
] that he paid the money to Martin. with
out the authority or knowledge of Harris
! that he never told him of il, and they ha,
! never settled.
Vance. the Treasurer OF the Board o
/ Commissioners of the company, proved
that Martin paid him the one per cent o.
| eighteen shares of stock subscribed 10y de
! PENDANT. before the organization of tn
company. and several months before an
! calls on stock were made. The money s.
paid was used in the prosecution of tn
work. and after this, and after calls wer
made. he several times requested paymcn
Of defendant Of the other nstalmcnts q
his stock, and he each time promised t
pay him.
There can be no reason. then. to douI
the recognition by the defendant Of tn
payment made by Heron for him. It's tIu
that he did not originally authorize He
ron To make the payment: but, upon II
formation, he not only made no ohiectio
to il. but allowed the company and il
officers to regard him As stockholde
and srrryol inns promised, after fiji
. knowled-e Of such payment. To make ia
I thcr payment of calls as Stockholders
His Subsequent conduct mus, bc rcgardc,
therefore. as a ratification of the paymeI
10y Heron, and equivalent to preccdei
authority upon the well recognized pril
cipleS OF the law OF agency.
We think the verdict Of the Jury vi
contrary to the evidence. The iudgmei
i. therefore. reversed. and a reaiff de ao
awarded and cause rcmandcd- Fisu y
p Miss. * Tenn. r.. r. co.. b Mis-. Rep. 81
. II .REI>.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-16

Ezy-Wc publish t1-lay 01umrrirr-
ton ON the question of ;he removal of che
Court House. written hg ono ol .Io mos,
intelligent and influential cflf.ut OF che
North Eastern portion @. tne County
Tho vritsr'was uayo.lb.y at.aut from
the County on che day OF election end
WIS, therefore. unable To- give bis vote ou
the question. As viii he seem. hc claims
Tho right lor himself and moro chan two
hundred other. who dIj r', vote. go be
heard on eos. quo .lu before ,bay re bur-
dencd with au ouerou- tty and the best
interests OF the County sacrificed. 90 suit
the within of few persons dr.ir1us of
change. For oW ovu mft wa do mot eve
how The arguments advanced arc to Poe
met by cine advocates of removal ltmv
at them have notion To tgy their hand.
upon them, our columns arc opeu to them
for that purpose. $50 believe iu tree di4.
cu--ion. Tho question a. presented b.
simply whether che property holtar. 90.
tho County ere to ho huTihed with am
Oppressive CAS-. the County f.l violated.
anil the citizen. ot rIu.Ju- rlt..I out o.
tbe,r property .n order tHa, ,hs n.1plaa OBJ.
one portion ot tbft1uu'y u1y have .ou
of five m.lrs I,a Or r.i. Whom they COME
% town tp attend Court anil chat SOME.
body may make % ,ev lHl'r. bg ..lu.
Out their nnI m iu.. for tha new town.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-16

prvvuty,Vt,.- Tho Black Republicans
who hive control of the lower House oi
che Pennsylvania Legislature. have Iisrd
up Personal Liberty bilL tp nulliif Che
Fugitive Slave law Ia chat State. a hilI
Of Che sam. character was passed hy che
Pennsylvania legislature several years
ago. while The opposition were boz che ss-
cendant, hut waa repealed Wy the demo-
Gratis as Soon as they rcmined power The
present biil, even 10 10 pass che House viii
be- defeated iu enc senate. whore Che dsm-
ocrais have the majority a eorespon-
dent writing from The capital to tbe Phil
alolpha Ledger says
"rhe people 81 this State are loyal
they dom wish to initiate che example ut
Massachuautts-they are cortemf with the
law a. e oNists they 8re not Mhitlous of
acopn.ct with the General Government
they have not petitlonod fcr thH law. anil
thoy would repudisto amy sct of men. ae.
oidenmlly elevated CD the position oft lnr.
islatara who would dare e. enact it So
daurcr : approhonded that thIs will. o..
eur"
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-16

PERsoNAL.-Mrs. p, of New York
the wife Of linseed-oil manufacturer.
wore to the Napier ball diamonds valued
at 100000. and lace worth $1,000. Her
heavy tiara and necklace We're wholly
composed of diamonds, and her breast
plate was of diamond leaves. She stood
'knee deep in solid chence lace, an ltal-
ian fabric of exceeding delicacy, the Sc
cret Of the manufacture of which has
long been lost. Ii fell over blue silk,
from her knees to her feet, and also in
graceful folds over her bosom. The lady
sat. during the whole of the evening, by
a window opening from a side room into
the dancing halls. in a position where the
light could fall favorably upon her opu-
lence. But she did not dare to enter the
crowd. for fear that the lace might be in
iured. or the diamonds ravished from her
person.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-16
mo. 1917.

NTIII'
This was conviction in the Circuit
Court of Octihbcha under an Indictment
of grand larceny; a motion was made to
set aside the verdict and grant a new trial.
which was oyerruled and exception taken.
The errors alleged to have occurred in the
trial relate to the action of the Court. II
appears from the bill of exceptions that
after the jury had retired from the Court
to deliberate upon their verdict, and be-
fore they had agreed, the haiGff to
whose charge they had been committed
said to them that, unless they decided
the case one way or the other they sbould
have nothing more to eat and no water IN
drink This communication was made
without authority, and was intended a. 4
jest. Some Of the jurors 50 understood
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-16

-
Ntt|I .r HWHNNr N'S-fH' pa
p.r inform q. of fh' death. g, 81. Louis.
n' liu luatra a. iIsr.ts. Formerly
tu''at -H,, Senator Ifuu Indiana.
drl0w..In entered fH" Senate in 1855
aHI ru..uHlu itmul l~l'H iu.' term
g, ss years. 'I. .ssi With calhoun.
t1I. Webster Cess. .ud Benton. anil 10 j.
'u.-I'H-,m.u. Of these great names o.
t'r '.H' Hg pgb. u. Mt i.Hauu. in
,H' %. ..Hu n. tl' Important mH1.Ures
@. 'Ht. r.r..l WOO. r..i With % much
.".''.-. 'ni ".lur.t.HH as amy others dg-
a....J 300 elIU,r BOGUS. '' 'gurr.- lln
acquired. reputation .1- .nI".-.'0.j ,.o-
t,.n.. N....H .'' n.n'I t'' daF hH,. u.-
'...''. '' -I''.n on 'H' Oregon t'rr.-
''.''' '.''' p, .."'., = "'-' contained
10y INFERIOR
II ' ''''.''' p. "'.'.'f ''
i' ' " .''''''''''
..' ~ nm. -. '.'' l'...''e
W" '''.,''
'. ' u. .',.i ''.. '.'.' ''''
.' "' - ~ '''n- 'n,'N'
IN.
- "i,'
''' ''
.''' ~ ''.''i W. "'. ~ ~ = ''" '''
Ago. no ",''e'' n'- o'o'i'ft'i '-i." 'n " '''un-
Sen 'f'"'. Tor "n''h ''''n-' NE was tr''d
ana acquitted through tine influence OF
friends, aI.i'd 20 thc belief 100 his mental
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-16

WuY ur DIDN'T KISS IIrE-The author
Of eHeart Pictur GINS the following
sufficient reasons Or nos kissing Mr.. q {.
4. am such a good husband ] wouldn't
even hc guilty Of the appearance Of dis
LOYALTY 20 my sweet wife. ,. ] was afraid
the driver would see me and tell g. 3. ]
don & think Mrs. g.. would let me.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-16


THE SPFAKER's FAREWELL.-At - NJ,
on Friday, 4th inst, the House adjourned,
after the following valedictory Of Mr..
Speaker Orr:
Geulsuea of the House, Of Representatives /.
The hour has arrived when our relations.
personal and political, are to be severed.
congratulate YOU on the contamination Of
much of the legislation necessary to adj
minister this Government without embar-
rassment.
| embrace this. the last occasion on
which shall have the honor of address
ing you from this chair, to make my
grateful acknowledgements for the uni
form courtesy and Kindness YOU have ex-
tended to me as your Presiding officer.
Difficult and irving as has been the posi-
ton, its labor> have been greatly dimin-
ished 10y the cordial support You have so
generously given me. The dignity and
dccorm that have marked your deliber-
atons will compare most layorably with
any OF your predecessors; to this fact
attribute whatever success ! may have
attained in this chair.
The vote OF thanks which YOU have Of
iered me gives me the assurance that nv
administration has been acceptable to
you. and for that ] thank you. ] have
throughout my term, sought most
earnestly to do exact and equal justice to
individuals, parties, and sections, and if
| have failed in this purpose, through
error or prejudice, now crave your par
don.
Trusting, gentlemen, that our delibera-
tons here may realize for this great Re
public the most prosperous development
OF all ITS immense resources, and inyok-
ing upon You through life the richest bles-
sings OF kind Heaven, bid you farewell,
and perform my last official act by de-
claring the Thirty-ffth Congress at an
end.
Loud applause in the galleries and on
the hoor, and soon afterwards the hall
was deserted. l--Nationai Iatcltgmrrr.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-16
Democratic Meeting

The pemocrlcv of J1spsr County arc
requested tN meet n Che SQUIRT Hor.r 90
pauldus ou Monday IheM week of tao
Circuit Court. Do appoint delest.s o. tue
State Democratic Convention. Co. be bold.
on In jackson on the dr.t Monday OF fuly
next
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-16
4 DEMOCRAT.

SENATOR y. rtuIN's SrEEcu oS CUBA-
This speech lGu- spoken of bv a cor
respondent e, dc Louisville Caaffr.
ON Friday. Mr.. benjamin, Of louisiana
discussed at length the acquisition of
Cuba. Had the American people heard
his speech, there would be no controversy
hereafter on the subject IL was AN el-
fort that will live when those who listen
ed 20 it shall have passed away and in af-
ter vcars the men who heard of il win tell
OF 10 with with kiujiuE eyes and dilatcd
hearts TO their children. Did Won ever
hear Benjamin: Tie Is the impcroua-
tion Of clopucuce. lis voice Is ~ilyery
and mu-ical Every information Possesses
ana iudc-crihab.e charm and fascination .
each word. aye. tho mnutc-t particle OF o
word. stand on. Joe clear. apprcciau.c dis
uuctup-.
The recollection O.. t.at speech can
mover De- erased from memory, but its
.o.teucd caIencos will always call mp
plea.ur1HIc feeling and memories:
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-16

Are thcynot sufficient to defeat II in the |
mlno' OF all linking men?-all except |
those VINO are ev,r ready for any change
any nIng new; q those who are, or inn
asine that they are pccuniarly interested
IN making the chnge. After the county
mas o' along for twenty-five years and up
"'N" with the Court House where it is.
"h'N sudden necessity can have arisen de-
iill'''ils measure which any man of
LILI-t see-sud acknowledge, will pro-
~ all, and more than all. the evil con-
sequences ] have referred to. 1t is sim
ply, that portion Of the citizens have, in
coming to Court, to ride few miles fur
thcr than they would if the Court House
were removed. And is it to avoid this. that
they would plunge the county in debt,
and violate what amounts 10 a solemn
/ agreement between the county itself, and
the citizens Of PauldinE. LcthoncSt men
ard-eusihlem men thinl, ofit-thiul> wheth-
er the reason assigned is adequate to
( prompt them to so serious a step.
But it may be said that the vote having
been taken and decided in favor of reno
val, the question is, or should be, thereby
properly closed. TO this. it Is only ncccs-
sary to say that the election was illegal.
and even had the full vote Of the county
! been po!led, and a majority a-ccrtaimcd to
be- in favor Of removal. still, those who
--e-9 ,6'~satier by 1.-THE majority of the
| property hal%SES-of the county. and citi-
zen, Of PauldAc-woull have been per
inatiE juEifall i'm re-ogting to all legal
men. IN their bovcr to defeat it. It'll. a
new docirinetll aa len shallnot availthem.
Ives oi legal 4lyantageS to protect THEN
rights and interests.
Cur worthy aAd popular sheriff. thought
itunuec, sary to swear the returning OIL
cen, and a, this j. a doubtful point. W,
shalinot top 10 discuss it, The statut,
doe not say that they shall be sworn. anc
1t Is a -.-s<-sln whether they are not To be
kregsTded a. IgIss@ies for ~sIecial purpose
who are n0t required to IT, sworn. Eu
there can Dee no possible doubt that iu nr
der u render the election valid. the r.
turning officers should have sworn iu th,
clerks and managers. No lawyer will ri-l
his reputation by d-puting this point. u
every country under heaven. where tn
RICH, of popular suffrage prevails. tho-,
engaged in conducting elections are re
= quired to act unler The sacred sanctions O
an OATH so principle Is better settle,
than this No eu-tom Is more UNIVERSAL
observed. A. one Of more than two hun
Z drcd voters, who, from what cause j. i'm
! material dill no. vote i'm the election.
decmit perfectly legitimate and right, {
s. take advantage Of thi, ntormality to So
r. the election aside, and To obtain mes
s hearing of the question. in the as-uranc
p that we shall be able in another trial [
d avert the threatened ruin which the pr,
r posed measure viii hrincupon the county
u trust We shall see a general turn out
e. all who take an interest in The welfare ,
II the county, az the proposed meeting
e. Paulding. on the first Monday of Cour
. / think can promise large delegate
from the
I 4 II r.
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-16

Tur pufunr~,y.-Gea. Joseph Ll.-
A correspondent Of the y. v. Hr,u
writing from Washington thu. Indicate
thc estimation ia which that veteran soil
dior and democrats held at the National
Capitol
"Fr1m present appearances Gen. Joseph
Irue hls the inside track Cor the Charles
tom nomination for the presidency. Mr.
Buchanan h9s highly complimented the
General iy saying on Saturday evening
that he was "a true statesman. sallan.
and patriotic soldier. whose future would
o. more glorious 10 him and his country
than the past had BEEN. One would m-
frr from the Presidents language that
Cen. Lane. the senator elect from Ore
gam was Bis choice for the succession.
uu saturday evening Gen. Lame was sore
uaded at Browns Hotel by the Marine
Band over four thousand persons were
present
10 lane T. nominated 40 Charleston.
stephens. Of Georgia. will get the nomin.
alton Cor Vice President N he wants Il -
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-16

Thcuamc ur Gan. WIN. p. Tsorrgr of
Clark county. +. g...-tsI .. a suitable
e1pda,at. ..- m. Senate. fr,a taa district
composed af tre r,su,fa. of Clark JAS
perard W1,rs. Con. Trl.tse wluIl h,
nm az..fl.r. election s.- .r.t ....i., -
II....r .r.. .g.i .'.r.. fg,,,.. I.,gi,., I...,,
.r.4.sf .B tl. rr,s.i,. ..- r,o-s tb.r
.-r,g.,.f.,.,,,-. Tr. yr~.- r,.,al..r M
f. tlrr.-. T.gi.I,tur. IN r..--,,.. d.
soldier and .,. ,r.a.r I'm tF. ,...l v.,, .r
Ism .rd ,.r.r .g .r.. ..r,,s1 .r 3D..
,....... r-..... .... .... ...,.5.-, ds..
......,T..f-.s ...... ..............f.. ........
.r..........-. .r..l.. ,..
,.............f,..t...f..........-... IN
...... ,,... $50, ~. -
......'.....r,i.. '..,......r.t. n
r....l.-..1 r- g..
.....f..'........'. ..u..'.t'... A.,
-,...
'' '.'' ''.,
f..... ...- 4.
''
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-16

J wish that everybody could have heard
that speech. Ii wa. an effort Of % man
VINO, as an orator. has not AN equal ON the
continent. Ills peegh will have great
9nd narNed effect ON the public mind.
lt. influence afe alFe1dy beginning 10 bc
i'lt Soma H..t consider that the excite
ment 10 regard ,o Cuba F. cIhcmeraI and
VIII soon pas away. ON tie contrary. IN
j. the great Twin. question of tho day
Men may doubt, but, in my opinion. Cuba
viii be ours before the expiration OF Mr..
Buchanan term of office
The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-03-16

HEAVY SME.-The Picayune states that
Mr.. Laurent Millaudon has sold his sugar
phantom on the right of the river. a little
above jefferson City. for one million dol
lars. II contains several thousand acres
OF land, and is worked by four hundred
and forty-eight hands.