davidaulloa/AmericanStories huggingface dataset:
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05
GENERAL DOCKET .

No. lOs. Manly Roberts v. J. B. Thompson Sam
usl Clark. Error to the Court Of Common Pleas OF
Muskngum county. Reservsdby the District Court.
l. Where party receives note aud collateral seen.
ry for an existing debt without any special
he b bound to ordinary care and diligence In collect
ing IT, and il responsible for any loss which may happen
tho other party by reason OF want Of such and
diligence. .-. .|.ul.t .
are governed by the general law OF agency and not
by the strict rules Of commercial law applicable to
table paper. And where there is special agreement
between the parties its terms will control the general
rule. ....
securitya negotiable promissory note Of third party,
before maturity, and by the terms Of the assignment
valves demand and notice Of nonpayment such credit
or acting in good faith, s not bound to demand or in
stst uon payment OF the security before its maturity
though he may know; at the time, that payment would
| be made, II insisted on.
Ranney, t., dlSsents.
No. 81. Rebecca Csllen ct al. v. William Ellison
Reserved in District Court of Adams county.
| Gholson, j.; a'
/. The record Of judgment of the Court of Common
Pleas showed that 1.-The defendants, by o. their ator
ney came into court and by virtue Of his power OF at
toTney filed In this court confessed judgment for the
defendants for the sum Of = etc. It was sought in
attorney among the papers In the case and which was
marked with the proper number Of the case, did not ap
pear to be signed by some Of the defendants and thai
such defendants were at the time married women and
thereby 10 show that the judgment rendered without
| jurisdiction and void: z
| Held: ~ f-.t y
That evidence Of such facts could not be received
impeach the validity and effect OF the judgment.
g. The same defendants the Of real estate
which was sold under an execution issued against then
upon the Judgment, and deed therefor executed
| the sheriff. n ~'t4 -
| Held: 49,. fi4a aats
That the effect Of the Judgment under the statute t
bind the real estate Of the Debtors and to authorize ii
SALE could not be ipeaehed by proof that they were
the time married women; their coyerture should hay
been presented ss DEFENSE as objection to the rem
dition Of the Judgment as ground to set aside
| Judgment for defendant p-ilf t-t
4 No. lis. Acton & Woodworth Y. Horace @. Knowles
Error to Athens Common Pleas. Reserved in Distrc
Court OF that county. -7"~'--i.-
i Peck, Oh, j., Held:
Il 1. Where property easily removable (Bxgra, sal
lon) Is seized In execution but left In the possession
and use Of the defendant, delay for an wrredsondbl
tins TO offer said property for sale, with the sdsotto
and assent Of th6 ptdinti9, will have the effect
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05
From Tennesssa.' :

NASHVILLE, March 3.-The rebels under Van
Dorm advanced toward Franklin yesterday, two
Thousand strong, with artillery. After maneu-
vering awhile, hoping to draw our men into
ambush, they returned. We captured two of
Van Dorn's command. Van Dorn's headquar.
ters are at Spring Hill, thirteen miles south of
Franklin. No fears are entertained for the
safety of the place
The Federal forces, by order OF General
Mitchell. captured. Felix Young and VIM B
Scraggs, notorious guerriiIas,- who have mur-
dered many Union soldiers in Sumner county.
ihey With two others have been ordered to
close confinement and heavily ironed
seven prisoners arrived from. tho front last
night. ...r....
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05
po1tponiDg uuch levy I,

poniponing such levy t. ,,. % asst-9
| ton. c---
q The question whether -l
| sonable or unreasonable, deps.
stances surrounding the pa'tes ana
In execution, and is, peculiarly, quel
under the instructions Of the court. s-
o. Where In such case there Is evidence "a.
to prove such unreasonable delay, II Is err
court to foreclose inquiry, and withdraw the qu> b.
from the jury BY instructing them that such prior il,
was valid and publishing, at the time the lien OF the
Junior execution attached Judgment reversed and
cause remanded to Athens Common Pleas for further
proceeding. -st.-<
No. 1913. Elizabeth Usher by her next friend, etc v.
Milo Thornton OF al, Error to the Dlstric. oour of
Aahtabula county. Judgment Of District Coult sffm-
ed. No further report will be made Of the case.
Twenty-Five additional cases on the general docket
were called, beginning with No. 175.
MOTION DOCKET. 'st t-
No l07. The Dayton & Michigan Railroad Company
George Fridey Passed for notice Of motion to oppo'
site party.
No. 1Os. Ohio Stickney v. The State of Ohio. Case
taken out Of Its order for hearing.
No. lO0. John 3. Way Y. Ruth Richardson OF al!
Leave granted to file petition in error.
No ll0 Caleb Parker v. City Of Dayton. Passed
Tor notice Of motion TO opposite party.
mo- III. George W. 6iocum v. The State OF Ohio.
Writ Of error refused .T'V .-a --
The case coming within the decision in LosRner v.
The State, 10 Ohio 81. 596
Adjourned until Thursday morning at ten O'Clock.
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05

New YoAK, March 4.-The following dis
patch appears in the Springfield, Massa ehusstts,
Republican of yesterday:
BEAUFORT, s. c.. Feb. 22.-We are daily e1-
pechng to march, suspect toward Savannah,
and that way to Charleston, ss We are al pres
ent trying to drive the rebels from their earth
works with gunboalS Yesterday the 47th
New York, with the assistance OF gunboats,
took Fort McAllister and about one and half
miles of rife pits. The 47th lost one hundred
and fifteen men,
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05

r. AN EXTRA SESSION The Washington corres-
pondent of the New York Bpsning Post teIe-
graphs, that "it is currently reported chat in
case the Democrats should succeed in defeating
any important bill, the President will instantly
call au extra session Of the new Congress, be-
fore any further elections occur" We had
feared that the President would, under "ths
War Power" issue proclamation directing
the present Congress to bold over until the dis
union purposes Of the Abolitionists could be
fully accomplished. We are glad to learn that
this action Is not contemplated Buffalo COuT.
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05
Sherin u sale.

% epencer Court Of Common Pleas OF
Edwin R. Hempsted franklin county, Ohio.
TN PURSUANCE OF AN ORDER OF
the said Court 10 directed, will offer for sale,
at public auction at the door OF the Court House In
the city OF Columbus, on
Saturday, the 7th day of March, A. D., 1869.
At one o'clock P. NJ. ths following described real g.
tstei situate In Franklin county, Ohio. TO witt
LotNo; (5) Of the subdivision OF In'lot number (2Ie
In the city Of Columbus as designated upon the plat OF
said subdivision, made BY Wm Miner the 18th day OF
February, A d. 1851 snd duly recorded in the Record
er's office OF said franklin county.
Appraised at $500 90.
@. W. HUFFMAN,
sheriff Of Franklin %. o.
Printers fees sc co.
ian27 -dIt&wtd
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05
Oil Rusinnss.

We condense, from the venango Register, a
statement OF weekly oil business there. Bar
rels sold at wells, 5000; price, $lOO per barrel
producers asking 81 l.2O-no buyers at this rate
Price of barrels $500 to $2.75. There ia TWEEN.
ty inches Of water in the river channel. Crude
oil at Pittsburg, S@915c--stock light. Ship
msnts, 5000 bbls per DAY. The Pennsylvania
railroad has made arrangements to transport
IL, 900 bbls daily. In the Eastern market crude
oil is quoted at 23@24c. rc ----
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05
Guardians Sale.

TN PURSUANCE OF AN ORDER. OF
i the Probate Court Of franklin county, Ohio made
the 5h day Of February, A. d. 1863 In the case Of
William Perrin, guardian Of Eliza Jane Perrin, Susan
A. Perrin, Theresa A. Perrin and Mary Ann Perrin
against his Wards, the undersigned will, -
On the 18th day Of March, A. D., 1869,
At 10 o'clock on the premises offer at public sale thu
following described real estate situate in the comfy
OF franklin, Ohio, to wit
Being four equal undivided h parts OF the foIlovnv
described tract beginning the west bank Of the ecoto
river at the southeast corner Of tract set OF 10 John
s. Breckenridge in proceedings in partition in casa
wherein John b. Breckenridge 10 plaintiff against Eliza
J. Breckenridge and Others In franklin County Court
Of Common Pleas thence with his line N. 76H der w
2l2 90l00 poles to stake OF his s. W. thence
i3k deg. w. l3 e4lO0 poles to stake thence s. T6 Y
deg E. 27 40-l00 poles to stake on the bank Of he
river, thence up the river with its meanders 10 the be
gnning containing 10 acres, being the share set OF 10
said Wards and their sister Margaret j. Perrin In raid
partition suit, and designated as lot No. g. on the pat
therein made and recorded.
Terms Of sale--0ne- third cash on the day of sale;
one-thrd In one year. and one-thrd In two years from
the day Of eae 10 be secured by mortgage on the
sod and the deferred payments to bear interest
the rate OF six per centum per annum payable annually
Appraised $50 co. -'l. ,..a !, \,
Guardian Of Elisa Jane Perrin and others.
~
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05
xecutor's Sale Of Real Estate.

TN PURsUANoE OF AN ORDER GRANTED By
the Probate 0orrt Of franklin County, Ohio will
oer for sale, at public aucton, Saturday, the 2sh
day OF March, A. d. 1863 at twelve o'clock upon the
premises, the following described real estate situate In
the county Of franklin, and State Of Ohio to wits East
hall Of ln'Lot No. One ", In David Dxons Addition
Terms OF sale-one-third In hand, one.third In one
year. and one-third 10 two years from the day Of SALE
with INTEREST," the payments to be secured BY mortgage
OLIVER P. oHANEY
Executor Of Susannah Dove, deceased.
BNsHAM McGUTTEY, Attorneys.
feb96-w4y, '@'fNf
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05
THURSDAY. MORNING, MARCH 5, lS>

the point reserved. He delivered verbal
opinion, and stated that be had come to the
conclusion that the :. JEFF, Davis" was a pirate
under the criminal law of the United States,
but was not such under the commercial law -
The crew were public enemies, and therefore
the capture Of the brig Welsh was not insured
against in this policy. The verdict was entered
for defendant, and the case will be taken to the
Supreme Court in banc for revision. -iy~cr-
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05
Crittenden off Kentnckr.

This venerable statesman thus closed bis last
speech in Congress:
III am for carrying ON the war pYopided the
Abolition policy be ,oithdraWn. am Sworn to
support the Constitution, but am not sworn
to support the Abolition party, have never
sworn to that, and / toN neper DO honor to its
policy" rH- #- .r-.-... .
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05
Fort McAllIster Captu red-Frauds I'm
tho Interior DepArtmanf.

NEW YoRK, March 4.-Washington specials
Say: The President has received dispatches an
nouneing the capture of Fort McAlllster, at
the mouth Of 0geceche river, uear Savannah,
by our iron-clads. i 1a1go
The provision for the organisation of African
troops was stricken from the engineer bill be-
fore it passed the Senate.
Important developments, says the Herald's
dispatch, in regard to frauds in the Interior
Department, are promised soon after the ad-
journment of Congress-. n .s .t
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05

New YORK, March 4.--The Herald's money
article says il ls believed the effect of the tax
on dealings in gold, and the policy OF the Sec
retary Of the Treasury, will for the present
tend 70 check speculation and drive spectators
10 less expensive field. Both Houses passed
the amendment to the tax bill rendering abso-
lutely void all loans over par on gold.
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05
Administrators Sale.

TN PURSUANCE OF AN ORDER GRANTED By
l. the Probate Court OF franklin county, Ohio will
offer for sale at public auction
On the 18th day of March, A. D, 1863,
At 70 O'clock upon the premises the following described
real estate, situate In the county OF Franklin and State
Of Ohio to wit: Lot number a. in the town Of Harris
burgh franklin county, Ohio, known sad designated
on the town plat Of said town,
Appraised at S2l3 90.
Terms Of saie-0ne-third in hand, one.thIrd In one
year, and third 10 two years from the day Of sals
with Interest," the payments to be secured by mortgage
upon the premises sold.
WIN. O, BROWN,
Administrator Of Ephraim Covert, deceased.
BINGHAM & McdUrrKY, Attorneys.
febll-w4w
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05

Gats of Phalon's sstablishmsnt, N.Y.,l
nROPRIETOH OF TME NEW YOheM
fashionable Shaving, Hair Quitting, shampooniue
Curling and Dressing Saloon,
In the Basernent of the Neil House.
..- o. under the PostoHoe,
where satisfaction viii bs given in all the vuiou,
branches,
Ladies' and ohildrenr Hair Dressing don. in the best
tyle. n A+atNA HHf
Warm and Cold Baths can be had at
s@ all Hours
,uIIE, t.e'391i
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05
supremc oourt OF OHIO.

Hon. Milton Sutlif, Chief Justce Hon, William V
Peck, Hon. William Y. Gholson, Hon Jacob BrnkerhoG
and Hon. Josiah Scott, judges. ..
L. J. oritchfeld, Esq Reporter.
TUESDAY, March 3, 1862
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05
Cincinnati Law and Collection Office.
ESTABLISHED A. D, 1910.
THOM MAS WELL,
Attorney at Law,
COLLECTION OFFICE,
NO 0 MASONIC TEMPLE,
CINCINNATI.

Remittances in all made Immediately on the col.
lection OF any claim.
The following references given by permission OF
the parties, with whom Mr., Powell has for manY years
been acquainted .
Nicholas Longworth, Esq.
eamuel N. Pike, Esq.
Joseph o. Butler, Esq.
W. b. Smith & Co.
Baker & Won Phul. .....
Tyler, Davidson 90. -
Hon, W. B Caldwell, Ex' Chief Justice, State oil
Ohio.
D W. 0orWin, late King, Corwln & 90.
CLARK, West & Co., lei and 1913 Duane st., N, Y.
Samuel 3. Bowman 4 Co., II John ST., NJ Y.
VIM. d. POWELL Esq No. IS East 22d st., N. Y
dec2i'62-tf
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05
AAYERpS
.7SaD97
No Engage.

No Engage. f5e1
WAsHNeToN, Marc. .sis.s
here last week OF o sevei> $500. -
pulse at Vicksburg, 1t 10 asG, oeen
revived In distant cities. Go, .snt Is not
even aware that there has been general en-
gagemert in that quarter. 5
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05
TITS AFFIXED FACTi
CONSUMPTION
!. Can be Cured.

SIR JAMES CLARK, Physician to Queen Victoria
and one ofthe mostdearned skilu men Of the age
In his Treatise on Consumption, says That Pulmonary
Consumption admts Of cure, Ia no longer matter Of
doubt II has been cearv demonstrated BY the researches
Of Laenneo and other modern pathologiss" DR. Cars.
well, who investigated such matters as thoroughly as
any other man, says; ..'--tt1.l MAN.
Pathological Anatomy has perhaps never afforded
more conclusive evidence in proof the durability Of
disease than II has In that Of tubercular phhsis pul
Z nonafy o'n~HHR'iS%D'H rrstlTfW
I s',' IT. is NOT A FICTION.
These statements are made by men who have demon.
Strated what they say time after tme in the crowded
hospital and the truthtelling dlssectng room They
are from men who could have no possible motive for
publishing what is untrue, emblazonng fasehoods
THE REMEDY WHICH WE OFFER,
DR.. Wistar's Balsam of Wild Cherry,
)Nz Has cured hundreds Of cases Of
Consumption of the Lungs, Liver Complaints,
Coughs, Bronchitis, Colds, Asthma, Group,
WhoopiDg Cough, Influenza, etc. Many
'- of them after Every Known Rem.
edy had Failed to Reach the
Disease.
Do not procrastinate but make use Of Wlsars BaIss
and live healthy and happy,
Sold By JOHN D. PARK, Northeast corner Of Fourth
and Walnut streets, Cincinnati, Ohio. ,u.
Dec, 2l-dlm&wlt. u.re
Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-05

r,s. ~ Fir5i3 =, .aeg5ff
''7 . f-7
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1863-09-09
A Note or WarnIng.

The Washington correspondent of the New
York Sunday Mercury gives the following
warning:
'The most important revelation noticeable
here is the practice OF our Abolition President
to ride through the streets protected by a
mounted guard. Time was when our Presi-
dents walked the avenues like any other man,
and freely commingled with their fellow citi
zens Now regal state is assumed, and Mr.
Lineolns cowardice, frightened out OF all
propriety by the cry of treason, which his
partisans aiix TO the name of Democracy
degrades him into the vileness OF lurching
through the streets il he ever ventures out
alone or encircles himself with squadron
of cavalry to guard his preoious person from
suspected assassins
"Some astute observers maintain that this
cowardiee is merely pretense to justify the
assumption Of the paraphernalia of royalty,
to cover the designs Of some ambitious as
pirant, now concealed by the drapery of the
throne, who may hereafter use the army for
purposes which may be utterly destructive Of
eur liberties. In fact the present incumbent
of the Presidency employs the troops loI
none of the purposes for which the people SC
generously aud cheerfuy raised IL lie
marches II forth TO fight for the liberation o
the negro, sends detachmeuts TO control elee
tons, or orders a whole division to oompe
eonscription of new army when, disguised
with his insincerty, the people refuse to volun
teer. These uses Of the army look ominous
and we need no magic glass TO foreshadow t,
us that we are fast travelling TO Capitalization
and despoiism. Our people remain blindl
impassive, apparently blind to passing events
but be it rememb red that Caesar when h
passed the Rubieon, did not possess one-tenth {
the military power now swayed by Mr. Lin
coin, Judging by the reeklessness OF tn
Administration in prosecuting its sovereig
will in matters great and small, some obser'
ers Of political events seem 10 antieipat
high handed measures from its interference
when the Presidential campaign approaches
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1863-09-09
Prodmce the ProoC.

The Journal this morning revamps and
puts forth the exploded and worn-out
charge of the Abolitionists, "that if troops
passed through the Miami Valley to fight
his Southern brethren, they would have to
march over his dead body" We deal in
facts, and propose to hold our opponents to
the same rule of proceeding, This ground
less charge has been long since dissipat-
ell. The journal, Notwithstanding, rel
terates. 1t is surely not so lost to all sense
of truth and justice, as to make the charge
without facts to establish its truthfulness.
We call for proof to substantiate the mis-
erable assertion. The journal must pro-
duce satisfactory evidence of the truth OF
its assertion or stand before the commu-
nifty in the light of convicted falsiier
Show your hands, gentleman. We mean
to hold you to the mark.
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1863-09-09
"THE CONSTITUTION As 1T Is.
THE UNION AS 1T WAs.7
In this Sign shall We Conquer.
Grand Democratic Rally
I'D "A y III q M.

The Democratic Central Committee of
Montgomery county take pleasure in announc-
ing to the people that arrangements have
been made iorn immense Democratic Mass
Meeting in this city on
THURSDAY, SEPTEMBER II, 1863
We have the positive assurance that
u'.' HON. y. w. VOORHEES,,
Of Indiana, the ablest and most eloquent Or
ator in the Union, will be with us on the oc.
ceson.
JUDGE THURMAN,
one of the ablest lawyers in Ohio;
\ HON 7. W. BARTLEY,
of Mansfield, late Chief Justice of the Su-
preme Court of Ohio
HON GEORGE BLISS,
Member of Congress elect from the Four
teenth Congressional District, will positively
be here and address the people.
The following speakers have been invited
and are expected TO be present:
Ex-President Franklin Pierce, OF New
Hampshire; Hon W. A. Richardson, Of Hi
nois; Hon r T. Merrick, of Illinois; Hon
Richard o. German, Of New York
The invitation is extended to the Democracy
of the States of Ohio and Indiana, to attend
and take part in the proceedings of our mass
meeting
/ Come one, come all-men and women
\ Republicans and Democrats-to Dayton, TIT
/ HONE OF VALLANnIGHAM--on the 18th Of Sep
tember, and hear the able and eloquent cham
pions Of Constitutional Liberty The Democ
A racy of Montgomery county are requested t,
rally in their might, on the l7ih the Ami
versary of the Birthday of tho Constitution
of the United States the only power to whiel
the Democratic PARTY swear allegiance an,
\ loyalty Come in processions, with banner
and musc--eome in wagons, carriages, bug
gies, on horseback, on foot--any way, ever
way Come by tens, hundreds and thou
sands.
HalCfare arrangements have been mad
with all the railroads leading into Dayton
BY Order, hem. Cen. Com. Mont Co.
Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1863-09-09
The Great Question OF the Day
and the ArtGul DOdging Of the
Radical Press.

The great question of the day--the adms-
sioH OF the reclaimed Southern Slates--every
hour more and more confounds aud puzzles
the radical press As the time approaches for
the erection of the respective platforms for
the great contest of 1864 these politicians are
bewldered like men who are treadng on
quagmire fearing to sink over their ears at
every step, or like persons crossing about mid
way Of a broad frozen river in a thaw when the
cracking ice is giving way under their feet
and on every side Of them aud II is equally
.perilnus to advance or retreat
Even the radical platform foreshadowed by
Greeley is only the article in the rough, and is
disguised as much as possible under general
terms This structure, in its perfect and fur
nished form, has been exhibited by Wendell
Phillips who blurted out prematurely what he
knew; and though some Of the keener and
crafter politicians regret the exposure oi the
programme, they can not get rid Of the fact
The awkward attempts oget round it only FIX
it more steadily in the public mind That pro
gTdBime is not oHiy 10 abolish sidrerg, but 10
destroy the white race of the South, root and
branch; TO make the country a waste, howl
ling wilderness to give the land to the ne
groes in reward for he massacre of the old
men, the women and the children who now in
habit IT, then to send colonies of white men
from he North to settle among the negroes,
amdigdmdte NTH them and beget hybrid
breed the result Of which would be the de.
/ struction of both races. Such is the hopeful
picture of "what will be, as presented by the
great New England leaders Of the radical
faction which controls the War Department
the Navy Department and the Treasury De
/ partment of the Administration. .-Neio Yorl
! Herdld