The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1869-06-24

ana seal.
j. NJ. STONE, Clerk,
&. i. SMITH, ID. G.
To the Clerk Of the ChanceTy Court Of Kinds
County:
Let writs OF subpoena and Injunction and
restitution issue as prayed for in the fore
going bill upon the complainant, Cornelia
A. Nerger, entering into bond in the penal
sum of eight hundred and eighteen dollars
with Fulton Anderson and j. II. lerger, her
sureties conditioned TO pay TO the Mayor
and Aldermen OF the city OF Jackson, all
such damages and costs which may be
awarded against her or which said Mayor
and Aldermen may otherwise suffer or sus-
tain said injunction, in case the same shall
be disregarded, and also conditioned for the
redelivery of the piano in the bill mention
ed, 10 the defendants for sale in case said in
junction shall be dissolved. and 10 hold said
piano at all time subject to such order or
decree as may be made by the Court touch
ing the same.
Given under my hand and seal this 9TH
day of June, 1869.
E.G. PEYTON,
Judge High Court of Errors and Appeals.
This was filed, and injunction, subpoena
and writ ofrestitution issued June 9TH, 1869.
j. NJ. STONE, Clerk.
p. SMITH, ID. c.
w. & j. X. Nerger, Soils.
EXHIBIT Al
STATE OF MISSISSIPPI. I
CORPORATION OF THE CITY OF JAcKsoNA
To the Marshall Of said Cuy-GREETING -
Whereas, il appears by returns made to
the undersigned, sIayor of the city of Jack
son, by the City Tax Collector, that f.. VI.
Yerger is Justly indebted TO the city of
jackson in the sum of four hundred and
nine dollars and twenty-four cents, (SiO9 2i)
the same being for taxes due 10 said city for
the years IS67 and lSGS, aud still unpaid, to-
gether with the damages thereon. Wecom-
mand you that of the personal property,
goods and chattles of said l.. NJ. 1erger, you
cause distress to be made forthwith, to an
amount sufficier. to satisfy said sum so due
and all costs, and that you take such proper
ty into your possession. and that you adNer-
tise and sell the same for cash according 20
law, and that you Will make the return
thereon together with this writ before the
Mayor of Jackson, on the 18th day OF June,
1863.
Witness the Honorable Joseph G.. Crane,
Mayor of the City of Jackson, this third day
of June, A. d., 1869.
JOSEPH G. CRANE, Mayor.
Accompanying this was the writ of in
were served upon Mayor Crane by the Sher-
if of Kinds county, on the 9TH inst, the
day previous to the difficulty.
TESTIMONY OF ABRAHAM BASS.
l reside in Carroll Parish, near Lake Prov
ide1ee; | am the brother of Mrs. T.. NJ. y err
ger; / arrived in this city last Wednesday;
on Friday, saw the piano in a building in
Jackson; was told that it had been levied
upon and placed there for sale; | saw it yes
terday at the residence of Mr.. 1crger; II
saw the piano before it came 70 Jackson; /
saw it first in New Orleans. in 1919 or 1870;
| afterward saw il in the house OF Mr. Jas.
4. Bass, where Mrs. Nerger then resided,
previous to her marriage with T., NJ. Ierger.
The piano was bought for her by her guar
dian. and was kept at his residence until her
marriage with f. NJ, Nerger, when she re-
moved it.
TESTIMONY OF W. 5. FREEMAN.
Twas ity Marshal on the 4th day of June;
/ had distress warrant against T.. NJ. \ err
ger, for taxes due and unpaid to the city
of Jackson. Col. Crane, acting Mayor, di-
rected me to levy on the piano and bring II
away from the house. / asked officer lsler
to go and get some male relative OF the iam-
lily to go along with US; he asked Jas. err
ger, who refused; he then asked John Is.
Yerger. who said he would be engaged till
three O'Clock, p. NJ. and could not go; / told
Isler that we would go ahead and do the bu-
sness alone; Jas. Yerger overlook US as we
were going up; went along us. Mr.. James
Yerger knocked at the door, was admitted.
and the door was locked, without our adj
mission; Mr.. 1erger came out after few
minutes and demanded the writ; refused
to giveit to him; he then asked for a copy
and we went into the library and lac wrote
the copy himself. Mrs. 1erger told me that
the piano was her property, had belonged 10
her previous To her marriage with Mr.. err
ger and refused to let me levy upon IL. ]
then dismissed the team and hands / had
employed to assist in removing it. Mr.. Jas.
Yerger then went to the parlor ana showed
me the piano. l went from there TO my dim
ner, and afterwards called upon Col. Crane,
and informed him of my action. He told
me that if | was afraid to do my duty he
would get a Marshal that would do his
duty. | told him that | was not afraid 10
do my lawful duty, but if lac so ordered,
would take the piano from the house. he re-
piled co 90 and get the piano, TASK no ques-
lions and answer none" / then went and
got the necessary assistance, and called upon
Mrs. 1erger for the piano. She locked the
doors after had gotten inside; | asked her
to unlock them, as i had orders to break
down the doors. if necessary to get the in
strument out of the house; she then unlock
ed the doors, and the instrument was re-
moved. The writ of restitution was served
on me on Monday, the 9TH OF June. and / re-
turned il to the residence of II. NJ. Ierger
on Friday the 18th of June. / had no in
structions from any one TO return it except
the instruction contained in the writ.
BY Judge Advocate:
levied upon the property by authority
of warrant Of distress issued by Mayor
Crane. Miss 1crger remarked as 1 left the
house that there would be one Yankee
Mayor badly whipped when Mr.. Yerger re-
turned.
BY the Court:
/ stated to Col. Crane that the piano was
the property of Mrs. Yerger, and desired
to wait until the return of Mr., 1erger, be-
fore making the levy; i had to- let one writ
die on my hand waiting for the return of
Mr.. Yerger. The first writ expired about
the 9th of May that writ was issued for
the same delinquent taxes. MY reason for
permitting it 70 expire was that desired
Mr.. Ierger TO be at home, for | anticipated
some difficulty in the matter from what the
him to be there when the levy would be
made and the property taken away.
Judge 1erger desired to Introduce a tele-
gram from defendant to his wife, instructing
her TO seek legal advice in reference 10 the
seizure. Judge Advocate objected, objection
overruled and telegram received, together
with two letters from z. NJ. Yerger to Hon.
Joseph g. Crane, Mayor &c; which are as
follows:
JACKSON, April 9th, 1869.
HoS. Jos. G.. Crane,
Mayor Of the City Of JacLsOE-
SIR: Your communication Of the SIN inst,
was received during my absence from home,
otherwise It would have received prompt at
tention. During the administration of the
city government by Hon. ID n. Barrows- /
declined to pay the taxes assessed on account
of damages to the property caused by the
act Of the corporate authorities. The ele-
walton of the street In front ofmy residence
and the incapacity Of the culverfs built TO
/ has injured the property very seriously. |
| protested against this In person, and told
| Mr.. Barrows that the overflow had not only
| injured the walks and valuable shrubbery
/ In the yard, but had introduced the cocoa
] grass nom the neighborhood which he had