davidaulloa/AmericanStories huggingface dataset:
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

We are under obligations to Mr.. James
M. Mckee, the efficient and accommodate
ing Clerk of the United States Court, for
the following court items: Cases decided
by Judge Hill, Thursday morning, viz
G. E. Lyon VS.. Allen Nugent & Co; de-
cree for the defendants. M. Morrison, ct
al. VS.. Mrs. M. S. Withers; decree for de-
PENDANT. Boston Betting Company vs.. r.
s. Hudson and Mrs N. G. Nye; decree for
the defendant
The sentences of the prisoners Jose Mas
and Henry G. Moore, were so amended by
Judge Hill as to give them the benefit of the
time they have remained in Jail. They go
hence in day or so to Detroit, Michigan.
After laborious session of about four
weeks the Court adjourned Thursday
evening, until Court in course.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

Two sharpers dressed in the garb Of
couutiymen and each carrying a pair Of
saddle-bags and representing to PARTIES with
whom they came in contact that they are
on their way to Texas, have been prowling
around jackson for several days past, pass
ing counterfeit gold coin. Our Marshal,
Mr. Fay, has cen trying to catch up with
them but they have succeeded in eluding
him thus far We understand they passed
sane of the spurious metal at the Edwards
House and some at Mr. Fay's saloon. The
coins are stamped as having been made in
the year 1915 and are somewhat thinner
than the genuine five dollar gold piece.
They have different denominations and we
would advise our friends on the line of the
railroad to watch ont for this brace of ras-
Gals, ahd suggest also that our brethren of
the press ''pass them around"
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01
A Tempting but TmpracticabIe
Scheme.

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w. or, &c - .-.o pIoPooltioI ni"oe ny
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The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

THE Indians of Nevada rely mainly for
food on the pine cones, or nuts that grow
in great abundance in the pine forests. The
trees are small, rarely exceeding fifteen feet
in height whel, full grown, but in fruitful
seasons yield enormous quantities Of cones
These are dried and made into bread, or
roasted whole, The Indians go to the har-
vest in large parties, mounted on ponies,
and make a pleasure excursion of the work
arrived at some central point where water
and grass are found, says a correspondent
of the San Francisco Bulletin, 'the squaws
with baskets, the men with poles, ascend
the ridges to the laden trees, TO lowed by
the children beating begins with loud
noise and chatter; the burs fly right and
left, lodging against stones and brushes;
the squaws and children gather them with
fine natural gla1ness smoke columns
speedily mark the joyful scene of their Ia
bors as the roasting fires are kindled. and at
night, assembled in circles, garrulous as
jays, the first grand nut feast begins" Stuff
Gent quantities are obtained in few weeks
to last all winter.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01
The Iatf0rIm Question Again.

TO tie Editor of Tile Comet:
DEAR SIM read your article in former
number, on the wratched condition of the
platform OF the N. O. st. Louis and Chi
clgo Railroad. with much pleasure. It GERS
tainly strikes the key note. If corpora>
ii IN such as the one mentioned above, can-
not afford a better platform than the man
trap they are now using for one, they had
better have none at all The express and
mail agents caunot wheel TIER trucks over
ii when they are heavily laden for the i'm
mense slabs nailed dowl on it as patches.
heard a gentleman during the setting Of
the asst Grand Jury, threat en- to report it as
a nuisance, but suppose he did not do so.
l write this, Mr.. Editor, not as a grumbler,
but as one who believes that the man
agement of the road will remedy the evil
of when their attention is
properly called to it.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

ecution dismissed as an unnecessary pro
ceeding.
CHALMERS, j.
Held
l. The motion of defendant to dismiss
the writ of sci1e .tacjas sued out by plaintiff
IN execution was properly sustained. No
new party was sought to be charged and
there was no sort of obstacle to the issuance
of a pLures fl. ta.
2. If no execution has been issued within
year and day from the rendition of the
judgment it must be revived by 8ctre tuctas
If there has been such issuance it may be
kept perpetually alive by the successive is,
suance of executions within seven years of
each other. The lien of the Judgment ex-
pres at the end of seven years from its
rendition. Thereafter a special lien on
property may be acquired by the delivery
of an execution to the sheriff and its levy
on the property as provided by S841, Code
1871.
If it be.desired to perpetuate the general
lien it must be done by a new suit based
upon the judgment already obtained and
the acquisition of a new judgment within
seven years of the rendition of the old
one. Code of 1871, S$2153, 2l54 and 2l59.
Affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

MEMPHIS, Tenn, February ga spe
cial to the Avalanche, from Iuka, Miss,
gives the following account of double
murder perpetrated near city yesterday
Major A. V. Hutchens, accompanied by
Thomas McNott, both highly respected citi-
zens of this county, left Iuka together in
the afternoon to go home, being neighbors.
Hutchens had drawn seventeen hundred
dollars from the express office sent from
a Cincinnati house which was to be used in
purchasing a farm. Late in the evening,
McNott's horse returning riderless with
blood marks on the saddle, aroused suspi-
cions in his family of foul play
A search revealed the dead body of Nc
Mott terribly mutilated, about two miles
from his home. A hundred yards further
on Hutchens was found in like condition.
1t is thought some parties knew of the gold
being at the express Office and had waylaid
and murdered both for their money.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

In the Second District of this county
there were one hundred and two civil cases
on the Circuit Court docket and two hun.
bred and five State cases. Sixty>eight of
the latter were disposed OF, fourteen Of
tenders having been forwarded to jackson
to the lessees of the State Prison. This
term of Court will cost the county nearly
$4,000. From what we can learn from resi-
dents of that District and the columns Of
the Gazette, crime is not on the decrease in
that portion of the county by any means.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

The following Is list of persons receiV-
ed at the State prison during this week. 1t
will be seen that lower Kinds comes to the
front again, this last contribution making
Is from the 2nd district Mack Watson,
for aitemit to rape, ten years, from Union
county; Nose Taylor, for attempt to rape,
ten years, from Union county; Harvey
White, assault and battery with intent to
kill, two years, from Rankin county; Mason
Dotson, grand larceny, one yeai, from
Rankin county; Bryant Homes, grand
larceny, two years, from Rankin county
Jas Brown, grand larceny, two years, from
2nd district, Kinds county; Jerry Riley,
larceny, four years, from Pad district,
Binds county; Bob Harris, larceny, for
four years, from End district, Kinds county;
VIM. Williams, for larceny, four years, from
2nd district, Kinds county; Alex Smith,
larceny, for four years, from 2nd district
Kinds county.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01
speech of Col. Singleton


The speech of Col. Singleton, our imlne-
diate Representative, is before us. It is
in reply to speech male by Gen. E. S.
Bragg, of Wisconsin, whose recent CONVEX
sion to Democracy was quite as sudden
as Col. Singleton expresses it-as that of
st. Paul to Christianity. and it is as full of
our Representative tended to throw Bragg
into confusion and dismay; it was some
thing that he was not expecting, and there
fore was not prepared at all points to meet
the counter attack of his antagonist. A
better reply to the charge of Bragg, that
the Southern Democracy held themselves
together by the cohesive power of public
plumber, could not well have been made
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

Mr.. E. H. PORTER, an old merchant, and
highly respectable citizen of Vicksburg,
died recently. He was well and favorably
known in this city. The Vicksburg Herald
of the 23rd makes the following mention of
his death:
The community vas shocked yesterday morning
to hear Of the death of Mr. f. II. Porter, which oc-
CURED at his residence early yesterday morning.
Mr. Porter was one Of our oldest and most esteemed
citizens and his sudden death was matter Of sur
prise and sincere regret to all who heard Of IT, His
remains will be inferred in the City Cemetery tn is
afternoon, the funeral taking place at O'Clock from
his late residence on Walnut street,
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

-Vicksburg Herald We mentioned in
the Herald yesterday morning that Mrs.
Owen Royce had been thrown from horse
and slightly injured, but we did not mag
Inc then that her injuries would prove seri-
GUS. That we were mistaken is not sur
prising when it ia known that none of the
family, or even the physician called in,
| anticipated any serious result from the inS
juries until about the time of Mrs. Royce's
| death. A neighbor had come on horseback
to spend the day with Mrs Royce and her
mother, Mrs. Strother, and Mrs. Royce, as
she had often done before, concluded to
take little horseback exercise. Her
mother demonstrated, saying the horse was
strange one to her, and that she might be
thrown She said furthermore that she had
presentiment that harm would come of
such ride. She had dreamed the night
before that her daughter had gone off
horseback riding and had afterwards been
brought back home badly mangled and a
corpse. Mrs. Royce, having full confidence
in her Workmanship, merely laughed at
the fears expressed, and mounting the
horse, rode off confidently The horse
moved off nicely enough, and after going
up the street the rider came back again,
passed theShouse, and went on down the
street until nearly opposite Mr.. Yanden-
burgs, when the horse took fright and
started to run. Mrs. Strother, in telling
her daughter of the dream she had had,
advised her, in case of accident, to release
her foot from the stirrup as quickly as
possible. This Mrs Royce did; but when
the horse started at the quickened pace it
was SO sudden ana the fall the rider re-
ceived was SO violent that she could not
rise. She was soon after picked up and
carried into Mrs Vandenburg's, and about
an hour later was removed to her own home.
The family physician was sent for and
gave her every attention, but her injuries
being internal their extent was not suspec-
ed, Mrs. Royce rested very easy until
Ibout seven o'clock yesterday mornig when
The suddenly commenced gasping for
breath, and almost instantly after expired
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01
THOMPSON &c Co.,
VS.. mo. 2965]
L. E. MATTHEWS.

THOMPSON &c Co.,
VS.. TNo. 2o65].
L. E. MATTHEWS.
This was a suit on open account for bal
ance of $l31 IS. In said account were
charged commissions for advancing" and
interest.
The following instructions were given for
the defendant:
l. 'The jury are charged that open ac-
counts, as matter of course do DOT bear
interest, but in such cases the jury may or
may not allow the plaintiffs legal Interest,
by way of damages for the retention of the
debt after demand of payment refused or
delayed"
2. Commissions for advances are not
recoverable unless there be an express con-
tract or promise to pay them, or unless the
course of dealing between the parties is
such from the proof as to convince the jury
of the existence OF such a contract or prom
Use, and if the jury believe that Matthews
never in any way assented to such contract,
on all the Items of commissions"
The giving of these instructions is as
signed as error.
Verdict and judgment were rendered for
plaintiffs for $42 and, new trial being re-
fused, they prosecuted writ of error.
CAMPBELL, j.
.Hezd-
l. Under S2279 of the Code creditor by
open account is entitled to six per cent in
terest as a legal incident of the debt after
its maturity. The case of Houston vs.
Crutcher, ct al, 81 Miss, 81, was decided
under the Act of 1922, Hutch, Code, GAS,
S57, which did not give interest on accounts
but it was remarked in the opinion in that
case that the right to interest on debts by
open account, ''on principles of justice
seem to stand on as firm ground rs the right
to interest upon written contracts for the
payment of money! and by the Code of
1857 and that of 1871, this principle of
Justice was made positive law. The first
instructions given for the defendant i'll this
case is erroneous, in authorizing the jury
to allow or refuse interest in its discretion.
The jury should have been told that open
accounts bear interest as legal incident,
from the time they are due.
,. The second instruction for the de-
PENDANT is Objectionable in the use of the
words ''such contract" so as to suggest
the necessity of belief by the jury that
there must have been an express contract
or promise by defendant in order to make
him liable for Commissions for advances.
Judgment reversed and new trial awarded.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

ONE need only run his eyes over the adj
vertisement to satisfy himself that the old
and solid house of Capt. B. T. Walshe, of
New Orleans, is thoroughly alive to progress
on the subject of shirts. 1t is undeniable
that be can aud does sell shirts as cheap as
they can be bought anywhere. There is no
occasion 10 send TO remote cities for shirts
when better and cheaper goods can be had
from him. Capt. Walshe understands his
business and has an intelligent appreciation
of the genius of the times. Hence he
deals in good goods, and puts the price
down absolutely to hard pan. Order your
shirts from Walshe.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

Water Valley Courier On Friday night
of last week, at about fifteen inmates be-
fore nine o'clock the people of this city, as
also the people all around the country, were
startled by a loud explosion resembling
very much the explosion Of heavy mortar
shell high in air. The report which was
heard by almost everybody who we have
inquired of, was preceded, estimated by
different persons, at an interval of from
two to four minutes, by two distinct flashes
of light. Several persons who CHANGED to
be ont of doors, report that the first light
was a distinct meteor flying from the n. E.
to the s. w. and that at point almost
Northwest from this city it exploded cans
ing the seco,.d flash of light. The report
was terrific, shaking houses IN such q
way as to cause great deal of alarm.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

WE were mistaken in the statement we
made in our last issue that no appropriation
had been made to clean out the upper
Pearl; on the contrary, an appropriation of
six thousand dollars appears for that pur-
pose in the River and Harbor bill. A small
amount, It's true, but better than none. At
tel the work is commenced and under good
Roadway it will not be hard to induce Corf-
gress to make provision for the completion
of the work. Our Representatives who
succeeded in getting this appropriation
through certainly deserve the thanks of all
interested parties, as getting money from
Congress for any Southern enterprise is, we
imagine, like pulling a delinquent sub
scriber into the good place we read about
in the Book of Books.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01
PROGRESS

IF you want pair of wedding boots, o
Sunday shoes, or boots and shoes of any
kind that seldom, if ever wear out, and
manufactured i'll the most elegant style,
you must go to the Shoe and Boot En-
porium of G. Cummings. He has large
corps of workmen manufacturing theln.all
the time. If
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

JIM EAsLEY, (col. a tritiing loafer is a
member of Gen. Clark chain gang. He has
been in the habit of going to different per-
sons and engaging wood to them, and then
borrowing fifty cents or dollar on the
load of wood to be delivered. but taking
good care to see that said wood never
reached its proper destination. Mayor
McGill inte,posed objections to this nefa-
rarious practice of JIm's and he weareth
a ball and chain.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01
1890
M AIR Ri ~.

CH1LToN-THoMAs-At the residence of
Mrs. Jefferson, near Clinton, Miss, by Dr..
Walter Hillman, Mr.. I'll. r. Chiffon, of Is
saquena county, and Miss Efie Thomas, of
Kinds.
H1cKs-LAMB-At Beauregard, Miss, on
the 10Th inst, by the Rev. B. Jones, Mr.
G. W. Hicks, of Clinton, Miss, and Miss
M. E. Lamb.
HARVEY -WHITEs1DEs the A. M. Z.
Church, jackson, Miss, February 81, 1879,
by Rev. J. G. johnson, Presiding Elder of
Methodist Episcopal Church, Mr.. jackson
Harvey and Miss Molly Whitesdes, all of
this city.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

-Tall,l.atchie Sentinel Tallahatchis
county is about upon sound footing am
last An old citizen was heard to say. upon
our streets last week. that he would give
twenty dollars in gold for twenty dollars in
Tallaiatchie county warrants. But little
while. and Tallahatchie will have money
enough in her treasury TO pay every dollar
she owes. HUI rrah for Deocra cy.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

ONE of the largest crowds we have ever
seen in jackson assembled Thursday even
ing for the purpose of listening to and
witnessing the wonderful powers possessed
by the negro pianist, Blind Tom. The
crowd was otsdisappointed, but, on the
other hand, delighted with his performance.
The pupils of the State Institution for the
Blind were out in full force and seemed to
enjoy the entertainment very much. Many
were unable to obtain seats and had to stand
during the entire performance.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

w. -JD -
G. w. SHACKLEFoRD. ]

J
Ct. w. SHACKLEFoRD.
In 1874 one Washington rented from
one Weatherly tract of land, and resided
and made twenty-five bales Of cotton there
on. He also rented, the same year, from
Mrs. Newman, q tract of land on which he
mada five bales. Washington gave a deed
of trust for the benefit of Hunt & Vaughn,
in which he conveyed 'all of his right, title
and interest" IN and to opof cotton and
corn now being cultivated and raised by
him upon certain lands upon which he is
now living in the county of Jefferson, and
rented by him from Mrs. Sallie G. Newman.
for the year 1874. The case rests upon the
construction of this conveyance.
CAMPBELL, J.
Held
l. The deed of trust executed by Wash
ington conveyed the crop upon the land on
which he was living, which is shown by the
evidence to have been the land rented from
Weatherly and not that rented from Mrs.
Newman therefore, the added words, ''and
rented by him from Mrs. Salie G. New
man, are to be rejected as an erroneous
addition, in accordance with the we'll set
tied rule of Interpretation, .tdLsa den10nstr0-
ito non n0cet The thing intended to be
granted is sufficiently ascertained without
the words quoted, and they should not frus-
trate the grant.
2. 1t is not admissible to interpret the
deed as conveying the crop on the land
rented from Mrs. Newman, because the
grantor was not living on land rented from
her, ''and the law will not intend error or
1t is inadmissible to reject
in a description, which is true,
but false reference will be rejected, I'D |
res magts 0aleat guam pereat
3. Parol testimony to supply an omission
in the deed was properly rejected
Reversed and new trial awarded.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

NICHOLAS JONES, colored, an employe
of this office, was shot and seriously wound
ed Thursday evening about dusk by Mr.
Elbert Murrell, The difficulty occurred in
front of Jones house. We have been un-
able to gather tse particulars 10 full but
will publish them i'll our next issue if the
case is not investigate. judicialy.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

VIZ desire to call the attention of Mr..
g President Clarke, who seems to be a
leftssive gentleman, to the communities
q q Progress which appears in to-day s
Per. The complaint is not ill-founded
4 We believe the company will remedy it.
lstt it was rumored around about year
. #At the timbers were then being sawed
4 spared for new platform and depot
lg but as yet they have never reached
int.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

Z OLD DIoK the blind wood-chopper, IS
I'D. He died Wednesday night, after a
lief Illness. Be it said to his credit that
never allowed himself to become a bur-
d On the city or county, though repeat
b. urged to do SO he said that as long as
was able, he preferred to earn his own
|fun. Peace to his soul.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01
HENRY =. BUCKNER, }
VS.. No, 2S5S. h
RopFpT DTpzc

HENRY >. BUCKNER,
VS.. No, 2S5S.
ROBERT PIPES.
This case is brought to this Court on the
following agreed facts
l. Does the issuance of a il. fl. within
a year aud a day after rendition of judg>
meut, and the issuance of alias vrits of n.
ia. within seven years from date of judg-
ment keep the Judgment alive for seven
years from the date of the last Il. ia
.. Is scirc .ttIcigs or action of debt on
the Judgment the proper remedy for the
renewal of Judgment between the same
parties or can either remedy be resorted TO
to prevent barring 10y the statute of hmi>
tgtIons
This proceeding 10 revive the Judgment,
by SCI H., obtained in this case within
seven years from date of issuance of last
Il. ia, was on motion Of defendant in ex-
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

ALDERMAN LowD presided at the Mayors
BURT. during Hon. John McGill's absence
New Orleans, to the great sorrow of
aac Busley and Matte Davidson, two bad
aracters, whom he fined $40 piece for
ne Or their disgraceful conduct.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

THn following distinguished gentlemen
We honored Jackson with their presence
ring this week Hon. s. d. Lee, of
|lnmbus Hon. j, G. McMartin, of Port
BISON; I. E. Cooper, of Hazlehurst, and
Calvin Wells, of Raymond.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

2957-Mary j. Kaigler VS.. Ben Hillborh Il
Co. Affirmed.
--E Ella Baker, ct al. VS.. Field & Bowen.
Affirmed
23+1-John Clay vs.. q. W. little. Re-
versed ana renInard.
2S77-Wright & Hannah vs.. Keep, Gtt-
loway Il Co Affirmed.
2S7I-Chas. II. Iillard vs.. John Janney.
Affirmed
9959-Parhan & TomlinSon, Exr's, etc. vs..
r. :. Stith. Reversed aud cgHJ'f ID
p0J5 awarded.
Iq73-N. O. st Louis & Chicago Il. Il. Co;
VS.. F.. Daley Judgment Appealed
from is reversed and vacated.
o75O-J. d. Alexander vs., NJ. E. Watkins.
Affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-01

|rHH Presbyterian congregation of this
y are going to erect an elegant Parsonage
i mamie we believe 10 the proper word
1t now They have sufficient funds on
| nd we understand, and committee has
en appointed to superintend the work.