davidaulloa/AmericanStories huggingface dataset:
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-12
mo. 1851 +. II
I'm ChglaceT9 at .FaSHriEEe.

CTATE OF TENNESSEE, OFFICE CLERK
- and Master Chancery Court, Nashville, Feb
ruary the 221, 1S73.-M. Shyer and others, Com
plainants, vs.. Joseph LoWenheim and others,
Defendants. q
alt appearing from affidavit fled IN this cadse
that the defendants, Lockard & ireland, NJ.
Sctadski, j. Ser adski, and Max Dinkelspei, are
non-residents of the State of Tennessee, so that
the ordinary process of Law cannot be served up
on them; and il further appearing that an at
tachment has issued in this case and has been
returned levied upon the following property,
viz: The fund, the proceeds OF the stock OF
goods which stock Of goods were conveyed OF
said Lowenheim by his trust deed, dated Dec.
49, 1866 and afterwards attached at the suit of
Loekard & Ireland and VI. 81 F. Seradski, and
sold by order Of the Circuit Court of Davidson
county, Tenn, and the proceeds paid into the
hands of David @. Love, as Clerk, who holds the
notes of said Lockard q Ireland, with M. q j.
Scradski and NJ. NJ Brien, Jr., as suTeties, dated
March 4, 1861, for 81 ,025.62 of said fund loaned
LOckard & Irela-d, and the note OF said NJ. &
j. Scradski, with 10 :kard & Ireland and NJ. NJ.
Brien, Jr., sureties, for S4S3.55, dated March 4,
1867, and also attached said notes in the hands
ants as set up in the bill 1t is therefore ordered
that said defendants enter their appearance
herein before or within the first three days of the
next term Of said Court, to be held on the first
Monday in April next, 1881 and plead, answer
or demur to eomplainants' bill, or the same viii
be taken Tor confessed to them aud set for hear
ing ex parte, and that copy of this order be
published for four consecutive weeks in the
Nashville Union and American.
A eopy-Attest: t
NATHANIEL BAXTER, JR.,
Clerk and Master.
Horace H. Harrison, Solicitor for Complain
ant. feb23 Oaw4t
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-12

DY VIRTUE OF A WRIT OF FIERI FG-
ID cias TO me directed, and delivered from the
Honorable Law Court of davidson county, Tenn
at its September Term, 1872, | will expose to
public sale to the highest bidder, for cash, at
the Courthouse door in the city of Nashville, on
Tuesday, the 18th day of March, 1873, within
lawful hours, the following property to- wit: One
lot on Front street, Nashville, Tenn, fronting A.
feet on said street and running back $50 feet TO
an alley, being the same lot conveyed to VIM.
Dews by Mary 5. Martin and JEo. n. and Mar
garet Barry BE- deed duly registered in the Reg
ister's office, Book "a, page 2o4, to which refer
ence is made for more specific boundaries. Also
one other lot in tie city of Nashville ON Front
street, being tue northern portion of the lot for
merry owned by Mary \. Mart N, j. n. and Mar
garrett Barry, and bounded as follows: Beginning
at the northeast corner OF said lot on Front
street; thence along Front street southwardly A.
feet; thence at right angles westwar1ly about 80
feet, more or less, 10 the back or said lot; thence
at right angles westwardly 40 feet to the north
west corner of said lot; thence at right angles
eastwardly about 100 feet, more or less, to the
beginning, and being the same lot conveyed t.
VIM. Dews by Mary y. Martin by deed duly reg
istered in the gister's Office of ID. O., Tenn,
in Book i8, page 20, to which refe ence is made
and being levied on as the property of VIM
Dews 10 satisfy Judgment in my hands in the
case of Josiah Farris. EXT, vs. R. H Groomes
&, Co., B. j. Gr9Omes and VIM. Oews for S. :
16SAS, besides interest aud costs.
Dated this 10Th day of February 1873
Ia u "a D. WHITWORTH, Sheriff.
By F. NJ. W0ODALL, Deputy.
nh2, l662s
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-12


From the Dover Record of the It'll inst ,
we see that steps are taken for reorganiz-
ing that towr by the municipal officers. 1t
was Dan Rice who, in former years while
crcussing this country said he had never in
the course of his travels seen but "two
grown towns" Dover in this State, and LIS
fayette, Christian county, Kentucky. Had
be visited Doyer afer the dreadful battle at
Fort Donelson there, and when the war
flame had laid its buildings in ashes and
ruins, would have realized how fearfuly
true were his prophetic comments. Still
Dover has revived since the war, and its
waste places again are rebuilt. It's beSuti-
full courthouse occupying an elevated site, is
saen to advantage from any approach
whether along the roads that wind over the
neighboring hills which more than once
uuIYered meath the battle shock, or on the
beautiful Cumberland from the time the
stream above and below curves swiftly
around the base Of lofty cliffs. There is no
reason the town should not prosper, for like
the county Of Stewart it has hsrdy, honest
and persevering citizens. The election was
held last Saturday and doubtless resulted in
securing its desired purposes. Stewart
county has good meD, fertile lands, miner
al wealth, perennial streams and two rivers;
hence there is no reason it should not have
a town, and of which it should be proud.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-12
IMPORTANT SUPREME COURT
OPINION.

PrIma FaeIe Evidence Def1ned-The
Comptroller Statement and Code
Sections z23-3 in Relation 10 DeIfn.
quepts Ruled On.
In the Supreme Court the following
opinion was rendered in the case of Gideon
Anderson ct ais. VS.. The State:
The provisions of section 1872 Of the
Code, that The Comptroller's statement of
the amount due the State from any delin-
quent, shall be prima facie evidence of
such amount means only that on suit or
motion against any collector of revenue,
such statement unrebutted by proof on the
part of the alleged delinquent shall be sufi-
Client to authorize judgment against him
for The amount, and not that it shall be alb
solutely conclusive.
Primo fdcie evidence is that evidence
which is sufficient to establish fact, unless
rebutted. By the use of the term the
Legislature means to say, that when such
evidence as the statement of the Comp
troller is produced, it stall be sufficient to
establish the liability TO the amount stated,
unless rebatted, which the defendant may
do by competent proof.
Section 733 is pdri mdterid, and must be
construed with reference to section 1872,
and take its meaning from it, so far as the
latter provides for the rendition of judg-
ment on the Comptroller's statement.
If we hold the law to be otherwise, we
declare the legislature TO have constituted
the Comptroller court Of very extraordi-
nary powers, depriying those of who m he
takes jurisdiction of remedy By due course
of law and right and justice without de-
NAL.
Under such construction the Comptroller
becomes dictator to the courts inferior and
superior.
If these things had been intended, the
Legislature would certainly have empower
ed the Comptroller to render the judgment
and enforce its collection, and have not stop
ped him short with the power 20 declare ire
vocably its amount and leave it to another
tribunal to render the judgment.
The provision of section 742, that "when
judgment has been obtained against a de-
linquent officer, all bona .fde claims due
him, properly authenticated, shall be al
lowed by the Comptroller upon settlement
of the Judgment" has references TO such
claims as have arisen since the rendition of
the judgment, and not to claims that ex-
listed before, as to the latter the Judgment
is conclusive.
The Legislature never intended to make
the Comptroller revising court of original
jurisdiction.
Reverse the judgment. TURNEY. j.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-12
SHERIFF,S SALE.

ID to me directed, and delivered from the Hon
Orable Circuit Court of Franklin county, Tenn,
at its November Term, 1872, L will exposeto pub
lie sale, to the highest bidder, for cash, at the
Courthouse door, in the CITY of Nashville, on
Tuesday, the 4th day of March, 1873, within
lawful hours, the following described property,
to wit: Thirty shares (3Ol of stock in the TeD-
nessee Coal and Railroad Co., or a sufficieney
thereof to satisfy Judgment in my hands In the
case of Sherrod Williams w. K. +. Colyer In
the Circuit Court of Franklin county, for five
hundred aud seventy-twO dollars and 40 cents,
with interest ana cost
This February 10Th, 1873.
E. d. WHlFWOBTH, Sheriff.
BY T. NJ. WOODALL, Dep. Sheriff.
feb20 1aw3t
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-12
A DEFENSE OF PRETTY WOMEN

from the SATURDAY REVIEW.
EsAfter all, is the world very absurd
in its love of pretty women? Is woman so
very ridiculous in her chase after beauty?
A pretty woman is doing womsn's work
in the world, not making speeches, nor
making buildings, but making life
SUMMER and mores beautiful. Man
has foresworn the pursuit Of beauty
altogether. Does he seek it for himself, he
is guessed to be frivolous, he is guessed to
he poetic, there are whispers that his NOR
ais are no better than they should be. In
a society resolute to be ugly, there is no
post for an Adonis, but that of model or
guardsman. But woman does for man.
kind what man has ceased to do. Her aim
from very childhood is to be beautiful. Ev-
en- as schoolgirl she notes the progress of
her charms, the deepening color of her
hair, the growing symmetry of her arm, the
ripening contour of her cheek. We watch,
with silent interest, the mysterious reveries
OF the maiden; she is dreaming of coming
beauty, and painting for the glories of Is.
Inssnsbly, she becomes an artist, her room
is studio, her gles5 an academy. The
joy of her toilet is the joy of Raphael over
his canvas,of Michael Angelo over bis mar
Bile. She 10 creating beauty in the silence
and the loneliness of her chamber; she
grows like any art creation, the result of pa
thence, of hope, of a thousand delicate
touchings and retouch!Dgs. Woman new
erperfect, never complete. A restless night
uudoes the beauty of the day; sunshine
blurs the evanescent coloring of cheek;
frost miss the tender outlines of her face
into sudden barshness. Care plows its
lines across her brow; motherhood destroys
the elastic lightness of her form; the bloom
of her cheek, the quick fash of her eye,
fade and vanish fas the years go by. But
woman is still true to her idesl. She won't
know whe nshe is beaten, and she mana
gest to steal fresh victories even in her de-
feat. Shs invents new conception of wo-
manly grace; she rallies at 40, and fronts
US with the beauty of womanhood she
makes last stand at 90, with the beauty
OF age. Sue falls like Caesar, wrapping
her mantle round her-"buried in wooieD!
'twould a saint provoked Death listens
pitifully to the longings ola, Lifetime, and the
wrinkled face smiles with something ofshe
prettiness of Is.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-12
MELANGE.

. .
Ia man is known by Lis company.
This applies particularly to soldiers.
The fedglings Of West Poiut froz
their toes at Washington, on Inauguration
day.
The Inauguration ball melted loss Il
the managers of $4,000.
When Kansas lawyer quotes Latin tt
the jury he is fined by the Judge for spro
family and contempt"
Nitro elycerine is said to be better thar
kerosene to kindle a fire, because you never
know what ais you.
"A woman on marrying needs to pray
for one oftwo things in her husband-the
love which blinds, or the good nature which
excuses. .e 8. .
1t is safe to say that the most popular
humorist in the United States just at pres
ent is Bailey, the ridiculous genius of The
DGnbayy NeacS. And yet be does not lee
ture, and never has published book.
-"Please father, come home, and don't
swear and make so much noise, or the police
win take you away from me-" That's what
a bystander heard little Fort Wayne boy
say to his drunken beast of q parent.
Strangers visiting Augusta, Me-, while
the snow is in the streets, are particularly
cautioned not to kick any old hats they
may notice in their path, IS several citi-
zens have had their heads seriously bruised
in this way before they were dug out.
1t is said that the following letter was
written to lady by bereaved and strick-
en- widow in Cincinnati:-s'D Dearest Lou
lisa: Darling John died last night. Con-
gestion of the lungs. Our loss is bis gain.
l viii JOIN him on the other shore. / have
ordered the loveliest mohair for the funeral
made with polonaise and trimmed with
real point lace. Loss covered BY Insurance.
on the ten-year plan; viii be paid in sixty
days. know you sorrow with me. We
had four doctors at two dollars a visit
Aunt Maria will not go into mourning, be-
cause she has just bought her spring things.
Her bonnet is straw. There is a balm iu
Gilead; but my heart is nearly broken.
Send me cut paper patternof that sacque
of yours"
Wright johnson, boy OF six years and
Bertha Sykes, girl of five years, arrived by
train of tie st. Louis, Kansas City and
Northern Railway at the Fiddle street de-
pot at six O'Clock one night last week.
They were recognized as having come from
st. Charles, and on being questioned, they
said they had stepped on the train of their
own accord, and had run away to get mar
ried. The boy is son of DIR. johnson of
st. Charles, No. The parents were in
formed by telegraph of what had occurred,
and the romantic couple were sent home
by the IT'S train in charge Of the con-
ductor,
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-12

TIE chair of the late Senator Leake wa
handsomely drsped yesterday morning BY
Mrs. Haskell, State Librarian. She alst
placed upon the table of the late Senator
8 beautiful wreath accompanied by tie fol
lowing verses:
IN MEMORY OF DIR. '. LEAKE,
Here to-day. and gone tomorrow,
Is the lesson taught by God;
We weep for thee in sorrow,
Sleeping then, ''beneath the sod"
Thy vacant chair is draped;
Bushed thy voice in silent repose;
Brothers wear the badge Of Grape.
A friend leaves the tribute of a rose.
Thou hast gone to the realms of light;
Thy last earthly offering given;
Was for darlsened ewes closed in night
May they know thee in heaven.
A wreath of immortelles, bring
Emblems of eternal love;
Msthinks 1 hear the Angels sing,
Brother come, come above!
Beneath the star-gemmed yaulted dome,
Loved ones have laid tee down;
Bright Angels bear thee home,
To receive III heaven a crown.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-12
mo. ,4sI.l
ElI ChanceYV at .finSKsrtEfe.

CtTATE OF TENNESSEE, OFFICE CLERK
y and Master Chaneery Court, Nashville, Feb
ruary the I'D, 1S73.-R. n. Herbe. {, Admir- of
JUel A. Battle, decd, complainant, VS.. John O.
Brown and others, defendants.
1t appearing from affidavit fled in this cause
that the defendants, Joel A. Battle, Georg
Work. DOllie Work, are residents of Kansas,
and that defendants, Lee Giles and Anna w.
Giles, residents of Texas, and all nou-residents
of the State of Tennessee, 60 that the ordi airy
process of law cannot be served pom them; a7d
it further appearing that the names and resi-
dences of 9TH rs, heirss t-law Of Joel A. Battle,
Sen'r are unknown: 1t is therefore ordered that
said non-resid 1T defendants, uni n0wn heirs-at-
law and creditors Of said Joel A Battle, enter
their appearance herein before or within the
first three days Of the next term of said Court,
to be held on the trst Monday in April next,
QS73), and plead, answer or demur to complain
ants BILL or the same viii be taken for confessed
as to them and set for hearing ex parte, and that
the creditors file and prove their claims accord
ing to law, and that a copy of this order be pub
lished for four consecutive weeks in the Nashville
Union and American.
A copy-Attest:
NATHANIEL BAXTER, JR-,
Clerk and Master.
Bate s. Williams, Solicitors for Complainant.
OawAt
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-12
No. Z all
In Ch01scery at Nashville.

CTATE OF TENNESSEE, OFFICE CLERK
y and Master, Chancery Court, Nashville,
February the 22d, 1S73-JOseph Smith and an
other, Complainants, vs.. Joseph Il. L. Neil and
others, Defendants.
that the defendant, Alexander Smith, Is a
nonresident of the State of Tennessee, so
that the ordinary process of law cannot be
served upon him: 1t is therefore ordered
that said defendant enter his appearance herein
befors or within the first three days of the
next term of said Court, to be held on the
first Monday in April next, (1SI3), and plead,
answer or demur to Complanants' bill, or the
same will be taken for confessed as TO him, and
set for hearing ex parte, and that copy Of this
order be published for four consecutive weeks III
the Nashville Union and American.
A copy-Attest:
NATHANIEL BAXTER, JR.,
Clerk and Master.
Guild & Dodd and Jas. Trfmble, Solicitors for
COmplainants. feh23 oaW4t
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-12

CTATE OF TENNESSEE, OFFICE CLERK
- and Master Chancery Court, Nashville,
March the Sd, 1S73-The Mayor and CITY COun-
ell of Nashville, Complainants, VS.. j. G. Fisher
aud Others, Defendants
1t az peariDg from thereturn of the Sheriff on
the subpoena to an order issued under the cross
bill of the Mayor and City Council Of Nashville
against the Metropolitan Policemen, in the
a1Oye cause, that the defendants Thomas Ken
nedy, James RadfOrd, Thomas Ryan, Fred
Clark, J.. B. Ralston, j. s. Childs, David p.
Crockett, j. B. Rodgers, G.. Q. Cassidy, 9. W.
McHenry, j. W. Gilmore and A. S. Nich0l are
not to BE- found, so that the ordinary process
of law caurOt be served upon them: 1t is
therefore ordered that said defendants enter
their appearance herein before or Wit in the first
three days of the next term Of said Court,
to be held on the first Monday in April next,
1S73), and plead, answer or demur TO erOos- bill
of compIainants, or the same will be taken for
confessed as to them, and set for hearing ex-
parte and that a copy of this order be published
for four consecutive weeks in the Nashville
Union and American A copy-Attest:
NATHANIEL BAXTER, JR.,
Clerk and Master.
Ell Ewing, W f, Cooper and John Lel-
yett Solicitors for Complainants.
mari Oaw4w
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-12

Judge ]. C. Adams, Franklin, Ky; L. K.
Moss, E. A. Moss, Marion, Ala; j. T.
Westmoreland, John W: Stewart. Florence,
Ala; g. B. Wilson, GAINESVILLE; j. NJ. Nc
Adoo, McEwen's Station; G. q. James,
Fayetteville; j. A. Reeves, W. J. Reeves,
Somerville, and W. c. Collier, Murfrees-
boro, were registered at the Commercial
Hotel yesterday.
Or. j. D. Smith, President of the Holly
Springs, Brownsville and Ohio Railroad is
visiting the city.
Mr.. Thos. Pritchett, of the Murfressboro
Neacs, is in the city,.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-12
The New DireefOrY.

The ninth annual issue of the Nashville
City Directory, published by Wheeler,
Marshall & Bruce, is just out, and embraces
full alphabetical record Of names of the
inhsbitants of Nashville and Edgefeld, a
business directory of Nashville, Clarksville,
Lebanon, and all the principal towns and
stations on Che different railroads centering
at Nashville, together with much other in
teresting matter and statistics. 1t is an in
dispensable work, and no business man
should be without it.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-12
THE COURTS.

CIRCUIT CoURT.-James A. Sedden vs
w. w. Woodfolk, Judgment for S81, 841 .98
Robert Ewing, admir-, VS.. w. w. Wood
folk, judgment for $8l,64L98.
Henry Carter VS.. NJ. G. l.. Claiborne
Judgment for defendant.
Samuel Cowan VS.. Baird Brothers, judg-
ment by motion.
James Henson, admir-, vs.. John Taylor,
ct ais, judgment set aside.
John G. Ferris, admir- vs.. julius Sax,
pending. aa'
PROBATE CoURT.-In this court yester-
terday, Alex. FRANKIE, a native of Stottshein,
France, was paturalized. s-"a
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-12
Gives for operations in 1873


this sum. S., $780, sos II
Deduct from this the estimated current
expenses for 1873, So $1,000, leaves 81 $780,
Cos. II, net amount balance in favor of
Treasury Jan. 1, 1874.
Deduct from this the first semi-annual
interest, falling due July l, 1874, 100000,
and the current expenses estimated for that
year say $500, 000-and it leaves the sum OF
$l60 605.12 surplus-aud we have not yet
touched the resources proper for 1874
arising out of that years taxation. Yet
! we have paid everything owing or becom-
ing due, up to Jan. 1, 1875. 1t is apparent
that the same laws for assessment and col
lection will produce assmuch net revenue
for 1874 as for 1875, which was S1,5S0,000.
Add to this surplus above, $160,605 II, and
we have net revenue collectable, and in the
Treasury Jan. l, 1875, $l,74O,605.12, with
whieh--and the revenue to be raised that
year to pay the current expenses, and the
interest falling due, amounting 10 about
100000, and if the General Assembly of
1875 does not change the rate, it will, taking
into consideration the increased wealth Of
our people, leave million and half sur
plus. Thus it is fully and unquestionably
shown from official figures that we can
pay our floating debt and all accruing in
terest, leaving balance for sinking fund
without increasing our present rate OF taxa
ton.
Finally, Mr.. Speaker, 1 feel that in sup
porting this measure | am dscharging
duty l owe the intelligent and noble people
| have the honor to represent, who, proud
of their State, its resources and its memo
ries, will not hold him guiltless who sullies
her fair escutcheon with the shadow or
semblance of Reputation. This question
they have considered and discussed, and
when in the canvass the candidates for
gubernatoriRl honors and others advocated
the scheme of funding; they were endorsed
by my people, because they saw only dis
honor in any other course. In this, as IN
every other vote l have cast in this body,
have acted conscientiously, after the most
thorough investigation | have had time to
give the subject. In my remarks l have
confined myself strictly to facts and figures,
and have attempted by no sophistry or high
wrought imagery 10 gid the subject with
any elittering hGes or shaGowy colors.
If L had sought to win the ephemeral
praise of the populace, who have not the
means of investigating this matter, | might
act differently, and by defeating its massage
open the way to immediate reduction Of
taxes, which is always pleasant and popu-
lar, but this would be accomplished at the
expense of an increased rate at no distant
day, or it would lead to. disgraeeful repudi-
alton. l am not here to tempoFize when
grave questions demand action, but meet
sauarely and faithfully these vital issues,
supported by an approving conscience,
leaving the verdict to an intelligent constit-
uency, who trusted me and whose vital in
terests l am not willing to disregard.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-12
Notice to show Cause I'm Bank
ruptCy.

TNHIS Is TO GIVE NOTICE THAT W. R.
i Wooten and Jonn I. NOlen, OF Montgomery
county, and John B. Hamilton, Of - county,
Tenn, have filed in the office of the Clerk OF the
District Court of the United States for the Mid
die District of Tennessee their petitions for dis
charge in bankruptcy, and 1t is ordered by the
court that hearing be had upon the same and
the second and third meetings Of creditors held,
at the off ;e OF Jno. p. Campbell, Register, In
Clarksville, Tenn,
On the I4th day of March, 1873,
when and where all creditors may attend and
show cause, if any they have, why the prayers
of said petitions should not be granted.
e. X. CAMPBELL,
Clerk U. S District Court Middle District Tenn.
feb27 oaw3t wed