davidaulloa/AmericanStories huggingface dataset:
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24

It will save us great unnecessary trouble flour friends,
In writing US, wiz bean in mird the following rules
Always give the date Post Office, county and state in the body
Of your letter.
II you wish the Paper changed from eoe to another give
both Offices in fall.
business and other matters write separate
sheets Of paper, OK different leaves u one sheet.
Letters Communications solicited upon all such facts
and subjects as may information interest The public
Anonymous communications fEhatever character, win receive
nOatsent0n.
Correspondents should write only upon side Of the pper
undertake to return rejected communications
All business should be directed to Messrs j
GRIFFITH CO.. and not personally 70 either Of the Pro
pretors
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24

Memphis and Charleston r. &. vs.. Jones'
This was an action on the case brought by Jones
against the company, to recover damages for the
loss of a slave, run over by tram Of cars and
killed.
The plaintiff recovered Judgment for Sl232.
The record shows that Jones, the plaintiff hired
to the defendent for the year 1885, two negro boys
TO work on the railroad at twenythree dollars per
month for each. The contract for hiring contained
the following stipulation, namely
And all risks incurred, liability to accidents
whilst in SAID service, is compensated for and COW
cred by the pay agreed upon; the railroad eompa-
nv assuming no responsibility for damages Tor &C
| cident, or any cause whatever"
The slave itseems was lying on the track of the
road as a freight train Of ssme fourteen cars ap-
preached. whether not the slave was asleep or
sick, or intoxicated, does not appear certainty,
though it is most probable that he under the in
/ duence of liquor The engineer on the locomotive
saw the boy as he stated, at the distance OF hun
bred and fifty yards, but thought it was carpet
sack, or old bag Of clothes"
The train was stopped. but not until all the cars
/ except one or two had run over the body OF the
| The proof shows that the road, for distance of
upwards of two miles from the spot where the
slave lay. was straight and slight upgrade There
is some disagreement as to the distance at which
the body might have been SEEN as the train APP
proaebed We do not think it necessary, however,
10 notice the testimony particularly, the question
for our determination arises upon the charge of the
Court: though may DC slalei our
opnion the verdict is supported by the evidence.
The Judge instructed the jury that under the
before recied stpulatOns Of the contract Of hiring
the defendant would be responsible for the loss
of the slave, unless appeared from the evidence
that his loss was in consequence Of the to,I mis-
conductor gross negligence ofdefendants agents; and
that the buFthen Of proof upon the plaintiff.
This instruction is supposed, by the counsel fol-
the plaintiff in error, to be erroneous. 1t was ar
gued with great earnestness that, admitting the los
of the slave to have been caused by the wlllful mis-
conduct or gross negligence OF the defendant
agents in charge of the train, Still, the deienan
cannot be held responsible for the loss; that the con
tract is an absolute exemption Of the company IRON
liability for any injury to the slave, or Tor ms loss
!. no matter how occasioned. We think differently
:. Ii might be somewhat difficult to define the exac
meaning and effect OF the foregoing shpulatoh-thls
i however is not necessary for the present deteTm
nation But there is no sort Of dlfnculty IN deter
MINING what it does not mean. 1t is true the Ian
euage Of the instrument is very strong; but it mus
- receive reasonable and sensible construction.
would be most absurd to suppose that it the il
tention and understanding Of the parties, that tn
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24

ETTER Cap FOLDED Note Eat Cap, Folio Post Dsmi end
d Medina Bli Head Raporlrse siacz graf vsrisig iass
faceilcd b. q HaaaN
dacA a Cn1Ia-a street.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24

SANFORD spvey Smith. To the use Of Bate Morrison.
This was an acton against constable and his
sureties for the nOn-payment Of money collected by
him.
Judgment was rendered against him and his sure
ties before Justice of the Peace, when the motion
was first made He alone appealed 70 the Circuit
Court, when the Judgment was afhrmedi and he has
appealed to this Court
The first objection urged against the judgment is
that il embraces the money collected on various
claims, whereas it is said there should have been
distinct and separate judgment against the officer
upon each claim
This position has nothing in it In Hobson ct al
vs. Hoge and sister, Yer l53 several claims were
included in the same Judgment.
1t is next urged that the Judgment is against the
officer alone when it should have been against him
and sureties. The answer to this is that the Judg
ment was so taken before the Justice Of the Peace,
and the officer only appeared But il this were not
so-it has been decided in two eases, at least, that
though a motion woull not lie on Che sureties with
out the Oficer-yet i5 may be against the officer,
without the sureties. Williams vs. Wall Hump.
I39 Sraall vs.. Geodmsu Cd q. 3 Hump. 4l9.
The next ground assumed f1r tilc oiiicer Isl that
he had become a stayOr for spiYey smith IN Au-
gust 1857. upon certain debts which he paid in
April 1855, amounting to more than the claims en-
braced in the present judgment, and that be had
right to retain the money collected on these claims
for his indemnity, not only as against opIYey
q Smith but against Bate M0rrlson-the as
signees Of these claims he insists That though
these claims were assigned to Bate MOrri-
son on the 18th of July, IS57-long before he be-
came bound for Spivey & Smith, and nearly year
before he paid anything, yet that the same e1ims
were assigned to him, for his indemnity by Spivey
4 Smith in August, 1857, at time when ne had no
notice Of tbe pTior assignment to Bate i Morrison
and before they had so notified the debtors il the
assigned claims as to make the assignment valid.
From a review Of the whole evidence, we are
satisfied this position cannot be retained for him.
In the first place we think the claims assigned to
him for his indemnity-yvere not these at all-but
different debts altogether
In the next place we are satisfied he was aware
of the assignment to Bate Morrison, recognized it
as valid actually collected the money for them and
not for himself and that the attempt on his part 70
appropriate it to his indemnity, was an after
thought. he having ascertained that splyey smith
would not be able to repay him what he had paid
for them.
Judgment affirmed WRIGHT.
Test: NJ D. WEIGH, Clerk.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24
HOME TESTIMONIALS.

NASHVILLE, Dec. y, 1859.
Col T. II. TAYLoR-Dear Sir have used, for some time
one OF the Vesper Lamps and eaveto obligations
you having introduced Il notice. To persons living
IN the countr or in parts city where gas cannot be had
who may light much economical than gasand at
the fully equal to it in Illuminating PoWer-ths aP
paratus will prove desideratum.
regard this the most beautiful and most useful invention
procuring small the advantages Of gas light that
have seem time that 1t perfectly safeand
the lamps are simple construction and managed with ease.
very truly yours, FALL
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24
IoUIsvaIE, Ky, September 5, 1859.

LouIsvILLK, KY, September ), 1859.
To II sETTIK-DeaT Sir After having made thorough
examination Of the 'VepeF Cas-, in relation to its umna
ting power chemical composition, ETC. do rot hesitate to
commend as being safer and economical we'll pos
sesng greater intensity Of illumination than any Other material
in .t-s -s .1
In the laboratory It superior to the alcoholasa Of OBJ
tanning and will be found Of Invaluable service to the drug
gist as well as 70 the manufacturing chemist.
CHARLES WRIgHT, II D.,
Prof Of Chemistry in The kentucky School Of Medens
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24

WETE have Just rsesived, direct from New Orleans, 81 hhds
w Of strictly choice sugar iscy tls leat noE On
tet This lot Of sugar repaotehs heaesds
MILELLs HO0pER 4 CO.
~ x - : rrrrrafatr.af
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24

veil call usbeoFe buying, hiak cur laez in
that line very SUPERIOR consisting o. Cotton and Lists, he very
makesaf and itrsspy Brussels anf VslVals CARPETS Of
ali iaihs Cant1nand Co-o sEting q an Vid senid
asaorin.nf a c0ess Curtain Pilsaud Bands, Wits Lass and
lfulln Curtailz.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24
CLARK vs.. CLARK, ct al

This bill seeks to have the right Of the complain
ant declared under the will Of her deceased father
Jacob Wilson The testator, by his will bequathed
to the complainant, who was then femme sole Ger
tain slaves and sums Of money; with direction TO
his executor to invest the money IN young negroes
for her benefit The bequest IS subject to the fol-
lowing provisions, namely "The saidnegroes, with
their increase shall be entaed on my said daughter,
Martha j. and her children and not to be taken for
the debts of her husband.
In IS48 some time after testators death, the com
plainant intermarred with John G. Clark, who died
in 1855 leaving two infant children, the issue Of
slid marriage.
executor purchased two slaves, with the money az
complaiuant and delivered them to her husband.
And afterwards. the executor having in hIs hands
81 800 of the money bequeathed to complainant, m
stead of investing it in negroes himself paid i
over to the husband to be BY hum invested pUrsu
ant to the direction of the will In the receipts and
acguittances executed by the husband to the execu
tor. for the slaves specifically bequeathed to com
pIaipant by the will and the two slaves purchased
IN, the executor and also for the mOney above men
TONED: the former either expressly OF implicitly ac
,noWlegcs the property and money to have been re-
ceived bv him him subject to the provisions Of the
testator's viii and the rights of the complainant
The question now is, whether, under the before
1cted provision Of the viii, said slaves and money
were the separate property of the wife, for life,
with remainder TO her children or vested IN the
husband upon his marriage Win CUM pldliitLlA
The Chancellor decreed for the complainant, and
we think correctly 1t is certainly true, as a gen
eral rule, that whenever the words Of viii, If APP
piled to real property would create an estate-tal,
they will when applied to personally, vest the a0-
solnte property in the frstsaker. Yer 5l9, Yer,
242.
But this rule has no application to the present case
Certainly. it is not to be supposed that It was
the intention Of the tesator to create an ed IN the
technical sense of the term The object and lnten-
ton Of the testator manifestly was, 70 make set
Element on his daughter to her and separate use
for life free from the marital right Of any future
husband: with remainder TO her children, IN the
event Of her future marriage and issue. This Is
beyond doubt the proper construction OF the Will
And III this view the slaves ndremaining specie vii
be settled accordingly; and the executor Of Clark
will account for the value of such, if any. as may
have been converted by his testatOF during the mar
riage: and also for the amount Of money by HIM re
/ ceived. belonging to the complainant.
The cause viii be remanded for taking the ac
! count ordered by the Chancellor.
] Test: NJ D. WEIGH, Clerk. MckINSEY.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24
Leonard owens vs.. The State.

The plaintiff in error was presented for gaming
in the Circuit Court of Hardeman
He filed plea IN abatement, setting up the pro
tecton afforded by all persons summoned before the
Grand iuv as informers in relation to that offence.
Tbe plea is. that is that he subpened and went
before the grand Jury to testify to the unlawful
gaming. &cr and that he did, before said grand
Jury testify in relation to SAID offence all the facts
within his knowledge or recollection"
The act of 1925, eh. s. Car. Me. 35g' after CON
ferring upon the grand jury the power to send for
witnesses SC. provides for their protection thus
Nor shall any such witness be liable or bound to
answer to any criminal proceedings for any offence
about which he may have been examined as Wit
ness bv virtue of this act.'-COde, 5,Oo9.
The demurrer to the plea was sustained by the
Court and the defendant convicted on the general
issue.
This was certainly right as the plea does not
aver that he was examined before the jury as to the
particular offence charged against him in this IN
dctment
The statute was only intended to relieve him.
though guilty. with others, in cases where he had
informed against them for the identical offence The
object was to save him from determination so lar
as he was used as witness to bring others TO JUS
tice but no further. Il was not intended that the
mere fact of summoning man before the jury, IN
der the act should operate as pardon Of all his
crimes of the same nature To have this effect the
offence charged against him must be the same about
which he actually testified before the jury against
others If this were not So evidence or perjury IN
behalf of others might be used to screen HIM from
liability.
The Judgment will be affirmed. CAEUrHEEs.
Test H. d. WEisH Clerk
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24

Also three and four pig daesor from ad to "a
nshs1 vias and, alsi large lot o. Negro Blankets Socks
jeans bs and Plaid OsnabuIgs, Plain md Plaid Iussyl
A. @. "A. B. BEEcH,
oct72-tf Ne. 81 COLLEGE Street.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24
Test: NJ. D. WEIGH, Clerk.


Dement, vs.. Ths State.
The prisoner was convicted IN the Circuit Court
of Obion, and sentenced to three years confinement
in the Penitentiary for the supposed offence Of pass
ing counterfeit note.
The indictment charges that the note was the
counterfeit resemblance or imitation of a genuine
ten dollar bank note issued by the Bank OF Memphis
The proof shows that the note passed. copy OF
which is set ont in the indictment-was in fact
genuine note. issued by the President, Directors
Co of the Bank Of East Tennessee, but altered by
the erasure Of the word East"
The court instructed the jury, in substance that
it would be sufficient to support the charge in the
Indictment if the note passed by the prisoner was
such resemblance of ten dollar note OF the Bank
of Tennessee, as might possibly be passed of on
careless aud negligent person." although It might not
be. in many respects" exactly like the genuine
note This was stating the rule applicable to such
cases too strongly The correct rule is that the I'M
tation or resemblance, must be such as to be capa-
bic of imposing on persons Of Oriradry obserVa-
ton" Such is not the character Of the note IN
ousstien In legal sense, it bears no resemblance
to genuine note Of the Bank of Tennessee, and no
person Of AZ ordinary observation could be deceived
or imposed on by IL.
The Indictment contains no count for forging.
The Judgments erroneous, and it will be reversed
and the prisoner remanded for a new trial
Mckinney.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24

company should be protected from liability, not only
against al the ordinary casualties to which the slave
mighs he exposed, in working on the road and also
against injuries caused By third persons in which
the company had no participation; but likewise
against injury or loss Occasioned by the Willsal
wrong or gross negligence Of the company ITSELF or
its agents.
Such construction Of the agreement IS altOgetl-
er inadmissible The stipulation is not available
for the defendant against its own willful wrong or
cupable negligence. The charge of the Court con
cedes to the defendant the utmost bent that can be
claimed upon any just construction Of the instru-
ment. There is no error in the record.
Judgment affirmed. McKNNEY.
Test: N d. WEIGH Clerk
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24
KENTUCKY TESTIMONIALS.
ON His Ezosleney Gov. c. Morshead and ThOs 8. Page
ESQ. State Auditor.

Esq, State Auditor.
To WM II. sEETLE ESQ., LOUISVILLE, KY.Dear Sir We have
been and are using your Vesper and perfectly salts.
fed with its utility 1T gives soft, brilliant and beautiful light
and is perfectly secure from explosion. It very cheap ard
economical in its use and far less than any Other
light We aresasfed that will soon be adopted by all persons
who have not opportunity obtaining gas and also to whom
gas Is accessible and whom eheapness In the original outlay
for fixtures and theeontnual expense OF burning object
Yours, Sc, @ s MoRRHEAD
THOs PACE.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24

UTISEs, Liquors, Eat5, Fruits, and Conolras, slso,
w manufacturers Of Candies eordias and truIs AZ
cenu,st e1umerats articles hand, would rpect
request that wishing % order goc9 n cur line
viii address us Cor circuas, which snail be sent ~ return mail
Merchants visiting city wiz please give De e before
looking elsewhere
sos Main street Louisville, KT.
n.llI-llnn
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24
TEsrTFONFALS.

Scientific men others who lave thoroughly tested the
its Of Vesper Gas Air Light it the best and
cheapest eh. row Numberles testimonials being
received daily all quarters vouehag for the excellence Of
this light, few OF which are given below.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24

wTEsTERDAT morning. Lndy3s Geld Anchor
Wnfchs win the name Of ElWaFi RaFra, Bra s-ree
and No. s3o6 inie-a Gold CHAIN Locse Key and Pin
we're attached Te Watch lost the Public Square or 90
lis vicinity The Under viii subsidy rewarded ~ leaqinf
at the Bookstore, Ao.4, Collegestreet
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24
CROsSS-TIES WANTED.

TEyHE Nashville and North Western Railroad Company visa
70 contract for 10000 Cedar CrOss-Tics, 9feet
long aches Jh, well hewn, 90 face al place not
inches clear Of bark timber to he sound, % be deliver
"a at the grade lire OF Tie road iu Nashville.
Thacontractors contract for 10000 White or
Post Oak TEeHs Of the above, @ be delivered
the road n piles section u 10 section "a,
enough on each section 10 supply the same.
Persons wishing bid viii direct the President and Direct
on oil ts Nashvs ana Forth western Bairoad Company,
Nashville, Tenn. 'uIysO-a
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24
Nashville, Dec. 1859.


NASHVILLE Tenn, Dec. II, 1859.
Messrs T. h TAYLOR B Col have had in for about six
months past Of your Vespr Gas Lights, AMI il gives
great pleasure state that Irgard as far superior to any 9TH
er portable light that have met with
Its simplicity Of arrangement freedom from danger Of eKpo
SION cleanliness and seadness, and parity Of light quail
tiles recommend to who will try It, II gives
lgh which be equal in brlancy 70 The ordinary
gas light. Very respectfully, n u. GROSS
These are only vey few Of the testimonials have Call
and examine Yourself No, a Colorado Brdings Cherry
street, Nashville, Tenn. THOMAS II. TAYLOR q GO.
Merchans the the country expressly invited to
give call wish to establish agencies throughout the
State. gan o-n
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24

Mr. THOMAS TAYLoR-Dea Sir: have been using the Yes
per Gas Lamp, by you, September last and
fecy satisfied that Of the most economical II not TIE
mostecenomica well as brilliant lights that Re had 1t
is easily managed, and l. unhestangyi recommend u TO an
out Of the reach Of gas. ALEXANDER FALL
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24

TF have tsst received small Shipment 81 PURE APPLE
NJ Brandy which richness % taste favor un
s1-.ree.isn 81 MIZELLa HOOPER, a CO.
deoI7 Nos. land Market Street.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24
UNRULED PAPER

I'LL q y . Q IIIII.a
Complete "a One volums. Prina Scents. For sslsby
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24

Carpets, On Cloths, and Curtains.

sA7rSRrrs aadrwzEDs An ssss Wishing to nunisAass
houses viii
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24

ONE DOLLAR per Square for the first and FaT oESTs for ean
subsequent Insertion.
Advertisements published in beL the Daily snd Weekly viii
charged the full daily es with enc half the weekly rates
added.
7aasint Advertisements zusf Be paid for at tie time Of
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24

From SeabuTy & Co., Gas Filters Nashville
Eae Yeper brilliant and beautiful light that is
cheap portable and perfectly safe The construction Of the
Veper Burner and reot is perfectly simple, that II can
not get ont Of order, it explode.
management Of the burner is easily understood and re-
ouirs attention keep clean and in good order
than ordinary gas fixtures The light produced by the Veper
consider fully eqla in respect to other kind
Of Gas light JOHN ~ SEADrRT,
....... T. J. sEABURY,
II. s. Peach.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24
MILLER & WATERMAN
Auction q Commission Merchants,
mhcoN. eroHnIa.


WWTILL r7e paTcular attention ne publ and private
w sale y MeuhandEe and Properly OF every alscrsoni
and win make prom pt returns fer the sane.
Refer, By Permission 20
J. B. A. Roz, 7. R. Bloom, J. T. Winter, T. d. Lamar
H. Bond President Manufacturer Bank. Macons 0eoga W.
a. Davidson, Ia Roahe Rell, r. Hahssha q Sons, BRIGHAM
Balden Co.. z. ,. walsh saFannah, Georgia; " G. Dus q
aa-. l.-----.l-. y. d. -----ul
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24
NEW FIRM.
HAGAN A WREANDTR.

Bo0tlssI8l and Dealers b FeTodcalai 5liIoleFY, &c
10. @ Union street
WTOULD respectfully give notice bat they win continue
~ me sane business conducted b Iaean 4 johnson and
would Be psasst b. receive TIE afay Bestowed
Inn
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24
BENZ. F. SHIELDS a CO.,
NOS. % AND 20 COLLEGE STREET,
OPPOSITE sEwANEE HoTEL.)

IUFIUoIIE ehW ME- HUILL.J
NASHFyLLE, ZkbAheSk8
UUAYE leased for Of years. The large and extensive
stores and rooms, College Street, below the ny
Bank and opposite the sewanee Hotel and Union Bank After
some thirty years active in this city, only
promise undivided attention &c the Interests Of our cnnn
ors, as heretofore
No Goods bought account Orders OoeJe1 % the
IRrFR. Remtances made Sales for cash only
Reference given 10 any city portion Of the country.
An kinds Of Goods Merchandise received SPECIAL
ORAGE with orders to be sold at public private sale
iau6 Benz. F. SHIELDS & co.
Planters Bank of Tennessee
Nashville, Tenn, Dec. 81, 1853.
This Bank has declared dividend Of 1--WE DOLLARS per
Share PAYABLE to to the Stockholders demand.
] iap3lIm D. WEAVER, Cashier
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-24
pUEIGHTS FORWARDED.
NEW ARRANGEMENT.

NEW ARRANGEMENT.
The Southern Express Company.
NHE undersigned respectfully give notice that they have en-
tered into partnership, under the name and firm
The southern Express CO1lPanYs for the trans
action Of Express and Commission Business and have
made arrangements with the Edefed ard Kentucky Tennessee
and Alabama Central southern Railroad Companies,
Messengers daily these Rods and prepared
forward goods the above named Railroads in
charge Of special Messengers at low rates. Their Messengers
are provided Iron Safes for the safe Transmission Of money
ierv and other Bills, and drafts collected
and prompt returns made.
once at RAINS s BROWNS Drug store, No. 10 Public
SQUARE JAMES GLOVER,
| A. X. HOLT,
jams Late Of Adams Express Company
Auction, Commission and storage
warehouse.