davidaulloa/AmericanStories huggingface dataset:
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26
SUPREME COURT DECISIONS.
Reported Weekly by Jenkins
A. Little, Attorneys at Law,
MONDAY, May &c, 1879.

| hONDAA1 hA"J ~ NN'''
CHAsLEs TIMMoNs,
No. 3l1Sl vs.
The STATE OF MISSISSIPPI.
Error to the Circuit Court of Warren
county, Hon. U. Nj. Young Judge.
Plaintiff in error was indicted for stealing
personal property of the value OF thirty
three dollars. The jury returned verdict
1--WE the jury find the prisoner guilty to tho
amount of thirteen. dollars" Thereupon
tho plaintiff in error moved in arrest of
Judgment, because the verdict is too vague
and uncertain; finding said defendant gull
ty of no offense, and because said verdict
leaves to the Judge or Court to determine
what offense said defendant is guilty Of" etc.
CAMPBELL, j..
Held
/. In Trade VS. the State of Mississippi,
it was held by this Court that the addition
to a verdict of not guilty, of words OF quail
itication, which do not legally affect per-
feet finding, or vary the legal effect of such
finding, will not prevent judgment from
being pronounced upon the verdict In
other words, if the jury finds the defendant
guilty of the charge in the indictment, and
superadds words which do not vary the
effect of such finding, it is good, because
of the finding of guilty, Notwithstanding
the superadded words which will be reject
ed as sulplussage.
In this case the words added to the find
ing of guilty do not vary its meaning or
effect. 1t is equivalent to saying that the
jury find the defendant guilty and assess
the value of what he stole at thirteen dol
lars. If he was guilty of stealing the goods
described in the indictment, to the value of
thirteen dollars he was guilty of the Grim
inal charger G., guilty of larceny,
Affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26
A Filtration in q TheRter.


Scene, theater. Seated in the orchestra
lady and gentleman; the former much
enamored of the latter in fact, DESTROYS o
winning him. The lady, however, ha.
flirting tendencies, and INDUCES them will
handsome party in the circle, The escor
is not unobseryant of this little by play
and finally asks smilingly, "Do you know
that gentleman with whom you are firt
ing9"
An embarrassed negative is the reply.
''Then excuse me moment"
The escort Immediately crosses the thea
tire, puts q similar question to the other
conspirator, "Sir, are You acquainted with
the lady at whom you have been smiling
this last half hour"
'No!"
'Would you like to be ?" pleasantly.
Very much surprised, certainly"
'Then come with me-"
A moment later the escort introduces the
not altogether comfortable pair. Then the
mild expression leaves the insulted gentle-
mans face, and he says sternly:
Now, sir, you may accompany this lady
home!"
With bow he takes his leave, and the
woman who loves him never hears his voice
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26

If there is anything in this world more
detestable than an old maid who loves Cos
sip and SANDER, chrome viii be given to
the person who can tell what it is. The
Montclair tragedy which is now attracting
such great attention in New York and the
vicinity, was entirely due to an old maids
gossip. She saw the coachman commit the
awful crime of drinking glass Of beer one
hot day, and also saw him whip the horses.
Of course, she could not rest until sine told
what she saw, to Mr. Blair, the coachman's
master, which was the direct cause of the
fuss that induced the heightened Blair to
kill Armstrong. It is a pity that the law
does not recognize such gossip as crime.
If is seldom that nIalevOlelt taleteling leads
to murder as a general thing, it merely
confines itself to promoting a vast amount
of private misery. But whatever the effect
is, the tale~bearer deserves the unmitigated
contempt Of everyone. Detroit Free Press
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26

If we are to have another Republican for
President, we hope it will be lack Chandler
If we must go down, we want to go to the
very bottom at a single plunge. lack
Chandler-take him all and all, politically,
morally, mentally, and physically-is the
best type of American Radicalism outside
the regions of the damned. When the Ameri-
can people place him in the Presidential
chair, we shall know of a certainty that we
have struck rock bottom-that hell has no
lower deep yawning to receive us.-Col-
umbus Democrat.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26

IN solito of eighty acres, or less, as to a
portion of which he is owner in fee, and MS
to the remainder tenant at will, or per
haps from year to year.
4. Inasmuch as any interest or tenure,
save that of a mere wrongful intruder or
trespasser, will support q right of exemp-
ton, we conclude that plaintiff in error was
within the meaning of the statute in such
actual occupancy of the locus IN quo as to
constitute it his homestead
Reversed and remanded.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26
Mary had a little lamp,
Filled full Of kerosene
She took It once to light a FIRE,
And has not since kenzine.

Col. Horn, of the Meridian Mercury, and
candidate for the Mississippi Senate, filled
six columns of that journal Of the 18th
with report of his speech at Quitmau. 1t
makes four yards, actual measurement II
this be the average length of Col. Horns
speeches we trust the people of that district
will not spoil a capable editor by converting
him into senatorial windmill. Memphis
Avalanche.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26

1t is related that young fellow in Iowa
was married under some difficulties the
other day. The parents of the young
woman refused to allow him to see her.
He had himself arrested for breaking into
a building, pnd then subp@naed the girl as
a witness. By this means he secured access
to her long enough to accomplish his object,
by the friendly help Of a minister
vile Banner
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26

DIR. Hava Of New Orleans has made the
announcement that they have many cases.
in that city, of families descended from
leprous ancestors, and that there are per-
sons among the mendioants of Canal street.
in that city, who hold out to you one or
both of their hands, which are actually
mutilated by that most horrible form Of
the disease, absorbent leprosy The doc
tor says that leprosy is not contagious nor
hereditary, and in this respect be he differs
from the medical men Of the world, and
from the wise sanitary rules of the Mosoic
code. Memphis Herald.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26

Currie, the rough rufian who killed
Porter, the actor, in Marshall, Texas, was
arr1gned before the court at that place last
Tuesday. The defense asked continuance
on the ground that five witnesses, by some
of whom it would be proved that the kill
ing was in self-defense, could not be found.
The case was was continued, but will be
taken up about the first of December and
then tried Mobile News.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26
80

In their fight for elections untrammeled
by Federal supervision and unawed by
Federal sOldiery, the Democrats have on
their side the spirit Of the age, which, after
all its follies, is on the side Of human lib
erty The Republicans must face frown-
ing future, and be prepared to retire into
the shades Of private life, there to learn
what it IS to be true to the public welfare of
great free country. -Louisyille Democrat.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26

Connecticut people call it ''sody wotter. %
New York Star New Workers are more
refined. They speak Of it as sodah Wahtah,
b'Gawge! New Haven Register. In the
on country they say lie take some of
That lzz, > aud accompany the words with
WINK and the raising Of two fngers-a
mystic sign which if repeated ten times will
lit a man to take his first degree in the lock
mp as drunk and disorderly. Temperance
Journal.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26

Ihree deaths and nine severe woundings
made the Fourth Of July record lively in
New York. Besides this, there were rails
road and steamboat accidents, murders.
suicides, and assorted crimes of intricate
nature, in sufficient quantity to make the
day quite notable one. Enterprise Cour
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26

Always add line or two on the margin of
letter TO a lady. You can't imagine how
much satisfaction woman obtains in turn
ing letter upside down to read a postscript.
Simon Cameron.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26

A story is going the rounds of the press
called "a son turns up after twenty-five
years absence" We have seen q son turned
up after an hours absence, often and never
thought Of it,-Boston Post
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26
D. j. BARNETT,
VS.. mo. 300S.]
J. n. NICHOLS.

Appeal from Chancery Court Madison
county, Hon. E. G. Peyton, Chancellor.
The parties we're intimate friends. Bar
nett being without means to purchase land
borrowed enough to make first payment of
Nichols, and gave him deed of trust to
secure its payment. B. again applied to
n. for end got, funds to meet the second
payment on his land. The third and last
payment was not met by B., and his ven
| dor of the land obtained judgment and
was about to have the land sold when B.
applied to n. and again got money to pay
off the purchase price of the lands; for
these two last loans, n took no security at
the time, B. promising to give another
| deed of trust upon the land to secure the
loans, but did not do it. Afterwards, N
became anxious that he should be secured,
as his debt was about to be barred by the
statute of limitation, and received from B,
written note proposing to convey to him
the entire plantation in satisfaction of the
llGDL, IL IN. WOulu bCtl W l4lu CCl VAIL
designated portions of it at a named price,
etc With slight notifications, n, accepted
the offer, which was consented to, and N.
took possession of the land, except the
portion that 3. was to re-purchase. No
writing of any kind, save the note mention
ed, was drawn up, but each party took and
hoe rap1oipaI IN
in sevoralty, of the portion he was to own.
N. has frequently pressed B. for deed
offering to carry out the agreement on his
part by a reconveyance of the portion o.
cupied by B; but B. refuses to make any
conveyance, and threatens to bring eject
ment for the whole In the meantime Q,
the debts due N. have all become barred by
the statue. The above facts are admitted
by the demurrer.
The prayer is that the terms agreed upon
in the note or letter, and practically carried |
into effect by possession Hereunder, may
be enforced by the execution of proper
conveyances; and if this cannot be done,
the land may, by sale, be subject to the
entire amount due complainant
CHALMERS, j.,
Held
l. We cannot fasten a charge upon the
land for any sum beyond that secured by
the trust deed, there being no contract to
that effect A performance of the agree
ment cannot be decreed because of patent
ambiguity in description of the land. 1t is
impossible therefore to administer relief in
either one of the specific forms in which it
is asked.
2, Barnett having induced Nichols to &C.
cept his proposition in satisfaction of the
debt, and thereby forbear to take steps to col
lect it he will not now be allowed to plead
the statute of limitation against the debt.
Having agreed to make payments in par
tlcular manner, he cannot repudiate it with
out restoration of the statue quo. We
are powerless to compel performance of
MS contracts, but we can restrain him from
he perpetration of fraud
3. Under his prayer for general relief,
he complainant, Nichols, if the facts
charged are established will be entitled ]
o have his trust deed foreclosed and de. 6
rec in perS0nGns for the unreceived sum :
lue him. {
Decree overruling demurrer affirmed, {
nth leave to answer within sixty days. /
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26
MARY M. JACKSON, OF al.
vs.. mo. 30l4.
L,rpo n MCIAy

MARY M. JACKSON, OF al.
vs.. No. 30l4.
JAMES @. MoCAY.
Appeal from the Chancery Court of
Montgomery county, Hon. Il. W. William
son, Chancellor.
Appellee sold land to one jackson, giving
bond for title and taking notes for the pay
ment of the purchase money.
jackson died, the purchase money be-
came due, and McCay rendered deed to
the heirs of jackson, and demanded pay
ment for the land, which, being refused,
he filed his bill against said heirs for the
sale of the land to pay said money.
The bill was demurred to on the ground
that there had been no administration on
the estate of jackson, and that, the latter
being dead, personal representative was
necessary party to the suit. The demurrer
was overruled, and from that order the do
PENDANTS appealed.
GEORGE, c. J.
Held
l. The demurrer was properly overruled.
O. If there had been personal represen-
laxative, he would have been necessary
party; but as the vendor had, by the con-
tract of sale, right to hold the title to the
land until payment was made, and as the
title, upon payment of the price, was to be
conveyed to the heirs, it would be improper
to delay and embarrass the vendor in the
collection of his debt by requiring him to
cause administration to be granted on the
estate of his debtor.
Decree affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26

When he comes insidlously ND TO Won
and says, SIS this hot enough for you!,'
then is the time 10 Kill whim.-N. i. Times
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-07-26
ALFRED KING,
vs. [3O88l
IHEo. STURGEs'

vs. T3O99J
THEo. STURGEs'
Error to the Circuit Court of Lauder dale
county, Hon. j. s. Hamm, Judge.
This is contest over q homestead ex-
emption. claimed by plaintiff in error, (de-
PENDANT below The tract owned by him
consists of forty acres. 1t is low and sickly.
There is 10 house on it, but he dwells in
house built on high land belonging to the
Railroad Company, Immediately adjoining
1t, and this house is distant from his own
line less than three hundred yards. This
was the condition of affairs when he pur-
chased, and his vendor had built and SO oc>
cupied the land for several years previous
to his purchase. He is man of family.
owns no other land besides this, and cul-
tiYates and derives his substance from it.
CHALMERS, J.
Held
l. Eighty acres are by law exempt nro-
yided it is actually occupied as a homestead.
In this instance, if we connect with his own
tract the railroad land occupied by him. he
Will still have less than eighty acres.
I'd. What the nature Of his tenure Of the
railroad land is, is not material. since anv
night in land actually occupied as a home
stead VIII support claim to exemption.
B. Plaintiff In error may DO regarded as
actually occupying as q homestead tract
The daily gazette., 1879-06-07
sArURDAY, JUNE =. 1879.
APREss of advertisements coming III
at 1 hate hour to-day has caused the
omission of several articles prepared ior
this number Of the GAZETTE.

Tu- sneech of President Litchtenstein
before the City Council and his expia-
nation Of the reasons why the salary Of
the members of the Board Of Revision,
could not consistently be increased was
clear and explicit, and made it so mani
fest that the salaries could not legally be
raised, that we have not thought it worth
while to refer to the matter. We do not
deem the pay sufficiently adequate
Neither does Mr.. Lichtentein; but there
is no doubt whatever that these gentle
men are city officers, and their salaries
cannot be raised while they are in office.
We doubt whether these gentlemen
should resign. They might not all be
reelected, although we have not heard
Of many complaints; or that any more
competent gentlemen could be selected
1t is a question with us whether the
duties of all of these gentlemen are
alike burdensome, or whether the labol
does not fall unequally. In that case
the salaries may be sufficient for some
and insufficient for others.
The daily gazette., 1879-06-07
A SINKING TOWN.

SHENASDoAH, Pa, June 6.-The
citizens of this place were thrown into
great excitement this afternoon by
buildings gradually sinking, the plaster
ing being thrown down and wide gaps
opening in the walls. Cracks in the
ground made their appearance to the
width OF three or four inches, extending
in length to one-fourth of a mile. The
openings are directly over The last gang
way OF No. 3 colliery of the Philadei-
phia Coal Company, and are supposed
to have been caused by the coal being
cut too near the surface. The house Of
John Reddy, Richard Palmer, james
McCue, Mrs. Conville, John Higgins
and William Lawler were more or less
damaged by the CAVERN. The house.
hold goods and valuables were removed
to places of safety. AT this writing
eleven O'Clock, it is not know il tn,
houses will sink into the mine or oul,
settle q few feet. The property in dan
ger is valued at many thousands c
dollars This cave in is below the on
that occurred here several weeks ago.
The daily gazette., 1879-06-07
BRISK TALK IN THE SENATE.
THE DEBATE WHICH PRECEDED
THE PASSAGE OF THE TEST
OATH REPEAL BILL.

MIR. THURMAN DEscRIBEs MR. coEK-
Lines sELF-EsTKKh As "TowERING
TO THE CLOUDS"
WARRINGTON, June 6.-The Senate
passed the bill to-day repeating the sec
lions of the Revised Statutes regarding
long, lively and in some respects remark
able. Mr.. Edmunds. who did not finish
his remarks yesterday; spoke for two
hours to day. He did not have = large
audience, for although there Is nothing
lacking Of logic or ability to give his re-
is so dry and duh that few care to listen
to him. Mr.. Edmunds made an analysis
| of the measure, pointing out Its defec-
| tive features and denouncing It as mis-
chievous and vicious. Mr.. Whyte, Of
defense @ @ Of the biii, but Mr.. Baysrd, after
| consulting with Mr.. Davis, Of Illinois,
| and other Senators, decided to move its
recommittal in order to remedy the de-
fects named by Mr.. Edmunds. Mr.. Conk-
ling started mp At this and made a
speech more than unusually offensive to
the Democrats, ridicuhng the Law points
in the bill and sneeIiug at things gene
rally.
replied with great warmth and even
pierced the thick cuticie OF the New
York statesman in describing HIM a.
,wering to the clouds, like the genie oi
, oil when uncorked, In his self-esteem
Mr.. Thurman then remarked that tbs
object of recommitting the bill was tina
in its present shape 1t would be in dan
from another branch OF the Govern
mept at the other end of the avenue. MI
Blaine wanted to know how he knew
o and by what authority he spoke of tn
Y views of the departm ent Of the Govern
: ment at the other end Of tho avenue
IS M. Thurmrn repliod that one or tw
o other bills had passed Congress and b
% Judged by their fate what would be tn
y tate of this. A man-he would not say
= weak man-had by members Of the Re
le publican partv in the Senate and In tn
3 House, not his friends either, been-h
/ would not use the slang Of the day an
10 witch, if left to his own judgment, b
Of " ,uld have approved. Mr.. Thurma
&c tnen sat down.
Mr.. Edmunds at once rose to q poir
MS Of order and demanded that the word
ss of the Senator he taken down. The
'e- were then read to the Senate. Mr.. Bee
ed wanted to know what was out of orde
lgY He could not see, unless 1t was tn
he truth contained In the remark. Th
,lv truth was always out of order here, b
~ said. Mr.. Thurman was not at all dis
concerted at the attempt to rebuke hi
vi in this way and rose to make statemel
'he Messrs. Edmunds and Conkling, how
ever, reminded him that he could n,
proceed, under the rule, without unan
nous eonseit I v h ch was gwen. Mr.. Et
munds in the mean time withdrew b
the point of order, seeing that it could n
th, b sustained. Mr.. Thurman then spol
In justification of his words and said tn
The daily gazette., 1879-06-07

SECTIONAL ANIMosITY. The spirit
OF Radical sectionalism is growing, as
will appear by the following;
"lf Congress should decide to starve
the army, let it 60 South and live on the
country, as it did during the war;
Chicago Inter-Ocean.
To this the Richmond Why very curt
1y and not without some show of truth
replies;
at wouldbe useless perhaps to remind
so rabid and therefore selt-righteous a
Radical as this, that the Congress is the
country, and that what Congress does is
the law until otherwise judicially decid-
ed. As to the threat of feeding the army
on the South, We assure the Inter Ocean
under the Radical Government the whole
country has been doing that thing fol
years. We could furnish hog and homi.
ny for twenty thousand men very handi
ly, and will take the army in exchange
for the revenue officials very cheerful
ly."
The daily gazette., 1879-06-07

CoNovER, the Florida, carpet-bagger
and ex-senator has been promoted from
the paltry position of Customs Inspector
20 the first-class place of Collector of
Custom in Florida, at salary of 3,750.
The Democratic Senate will probably
have some remarks to make when Como
ver's name is passed up. 1t is under
stood that Conover meets favor in
Hayes eyes because of the devoted way
in which he stood by the Administration
in its fight against Conkling.
The daily gazette., 1879-06-07
A Democratic Demonstration

WASHINGTON, june THE copgratL-
latio MS extended to General Ewing to-
night ON his nomination as tho Demo
cratic candidate for Governor Of Ohio
were numerous aud enthusiastic. S-na-
tors Thurman. Pendleton and Vest g en-.
eral Ewing and others addressed the
crowd from the balcony of Willard's
Hotel on the issues of the campaign In
Ohio and the country, and predicted
magnificent triumph in that State IN DC
tober. The demand for the repeal of the
Test Ooath and Supervisor laws and the
abolition Of troops ut the polls was loud
" applauded. One of the trAnsparenciet
ussrsssa .as Salossox uisfsed by % Sayo
net. .t
The daily gazette., 1879-06-07
Handy Package Dyes.

These popular dyes are put up IN pack
ages at Is cents each and are warranted TO
dye from TO pounds of woollen, silk or
cotton goods. Are more convenient and
economical than any dyes In use Sent by
mail TO any address on receipt OF price,
z.JAMEs BELT. Druggist,
Agent for Delaware,
Cor. Sixth 4 Market Sis.
HOlman's Liver rad
Has worldwide reputation, establish
Ell through its wonderful efficacy In all all
mepts that have their origin In a torpid
liver or diseased stomach; such as bilious
ness, dyspepsia, rheumatism, sick head
acne, &C IL cures by absorbing the DIS
ease through the pores, su ubstituting a geu-
Tie vegetable tonic into the system. Have
also. Pamphlets with further particulars
Z.JAMEs BELT, Druggist,
Cor. sixth y Market SITS.
VitaIized PhONphates.
They supply the 8, stem with the ele-
ments that are carried off by overtaxing
the brain and nervous system; are very
useful TO relieve general debility, dyspep.
sia and neuralgia. For sale wholesale and
z. JAMES BELT, Druggist,
Cor. Sixth q Market Sis.
Electric Disks.
They produce a constant electrical cur
rent through the diseased parts; can be ap-
piled and worn with mfort by any per-
| son for the relief OF old rheumatic C and neu-
ralglc pains, GOODNESS and stiffness OF the
| limbs, &c. Sent by mail by
z. JAMES BELT, Druggist,
Cor. Sixth h Market Sts.
LADIES'DEPAR
For Supporters, Braces, Trusses, Elastic
| stockings, Anklets, Knee caps. Syringes
| &e.
~Private Room. Lady Attendant.
| Private entrance Tor Ladies at No. West
| SiAtn street.
| u. JAMES BELT,
| Wholesale and Retail Druggist.
| Corner Sixth and Market sreets.
| wilmington delaware.
The daily gazette., 1879-06-07

1T Is little curious that ali the Radi-
cal papers should now be so much op-
posed to the monetization Of silver. AT
every set back in the progress Of getting
1t re-instated as coin as it existed before
the war, these papers applaud as If they
were paid to do so; or as if silver was
not now circulating all over the country,
in dollars as legal tender. Why then
should the difficulty with fractional
prices, or subsidiary coin, becontinued
If the silver bill has defects let it be
amended and passed, and the difficulty
which merchants and retail dealers
have with silver and trade dollars be
remedied.