davidaulloa/AmericanStories huggingface dataset:
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18
THE BENATLINE CASE.
The Defendant Convicted of the
Crime-Deafh the Only Penalty.

The case of the State against Joseph Bensteine
has been trial in the Criminal Court for three
days, and was concluded yesterday at Il O'Clock by
the jury returning a verdict Of guilty, with the
death penalty affixed Bensteine was charged with
committing a rape upon the body Of a little Irish
orphan girl, aged fourteen, by the name of Annie
Dugan. The defendant was represented by those
able criminal lawyers, General Horrigan AID Gen.
eral Wright, and the State by Attorney Central G.
P. NJ. Turner, Nj. Ryan and NJ. NJ. Organ. The
trial ELECTED great public attention The attorneys
Of the defendant labored earnestly and with great
ability, contesting the ground inch by inch. So
far as honorable professional duty they left no stone
unturned the turning Of which could possibly tend
to extTicate their client from the coils Of the law
Dat their most ingenious efforts were vain. The
speeches OF the lawyers on both sides Of the case
were able and eloquent, but especially is il very
generally admitted that the speech Of Attorney
Henerai Turner was Of the most elOguenf and
most powerful Efforts in yindieati0n Of law and in
nOcene ever delivered by an attorney in this CITY
Attorney General Turner's tribute 70 the honor az
Irish gentlemen and the untainted purity Of Irish
ladies, was as beautiful it was true and bis uero-
ration descriptive u the crime and the hideous-
ness Of deiendan:s guilt, was simply thrilling
Memphis Avalanche
We are always gratified to see success at
tending Mississippi men that move to other
States Attorney General I. is Missin,
sippi boy and we rejoice in the good name
and reputation be is making.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18

means, to prevent the sale of property till
the first of next March. II our honorable
and wor by friend and townsman had
shown any respect for the law as it stands,
or for the Attorney Generals opinion he
would have seen that property could not
be sold before the fl st of March, and that
the letter of Attorney Gen raj Catchings on
the subject virtually relieved taxpayers of
all damages till that date. And this letter
did not cost the people a cent, whereas the
extra session would have cost from $3.50, 600
to $4,000. Lastly, and very recently, our
noble General West launches broadside
on the Governor. General West deals in
broadsides. He don't write often, but
when he does he shoots out the charge of
a columbiad. He goes down to the pro-
foundest depths of things, and ascends to
the loftiest points. On this occasion he
has undertaken to prove by astrology that
we are entering upon series of dire ca
lamities, and he appeals to the Governor to
call an extra session to avert them. What
strikes us as the lame feature of General
Vests argument is that members of our
Legislature are not astrologers, and if they
met they would probably not know how to
go to work to fight against the DEGREES of
astrology.
Judge Wiley P. Harris, when he cata-
logued the misfortunes that might be in
store for our State, declared that ''the
greatest of all these would be the assemb-
ling of the Legislature. We agree with
him. There is not now and has not been
since the last adjournment any sufficient
reason for an extraordinary session of the
Legislature. The people by large ma
jority have only just voted for biennial
sessions, and for the Governor, in the face
Of this recent expression of the popular
will, and in the absence of we'll defined
necessity, to nulify their act, would be to
Jay the least of it, tremendous stretch of
Executive presumption.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18

WASHINGTON, January 4.-The agricul-
tural report for December shows that the
corn season closed by marked improve
ment in the condition of the crop. The
aggregate of the crop for 1873 is larger
than that of 1877, some thirty million
bushels.
The oat crop exceeds that of last year,
constituting it the largest crop ever reaped
in the country The Southern coast States
from North Carolina to Texas, uniformly
increased their product, but the Southern
inland States as a whole fell off.
The hay crop is twenty per cent greater
than last year.
The sorghum crop is receiving increased
attention, and on the Atlantic and Gulf
coasts there is considerable increase.
The tobacco crop has been secured under
exceptional suspicious conditions of wealth
er; the bright open days of September ia
voring growth, while the unusual delay of
severe frost enabled the plant to mature
thoroughly before the knife was applied.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18
The Aangman's Record for Is7s.

Ninety-six murderers were hanged in the
United States during the past year. which
is an increase of 10 compared with the
previous year. All were men; 40 were
white, 80 colored. 9 Indians and one Chi
naman were hanged for outrage 4 for
wife murder and for filicide; there were
double executions, 4 triple and 2 quad
ripple. More were hanged on Friday than
all the other days combined, the number
20 and % were hanged in March. The
Southern States had 20 per cent. of all tie
hanging, and nearly two thirds of the vic.
tins were negroes. In the list of States
Texas comes first with 10, Louisiana 0.
South Carolina s, Alabama s, North Caro-
lima s, Pennsylvania 6, Missouri ;, Georgia
., Arkansas 4. Tennessee 4, California. 4.
New York 3, Kentucky, Montana, Delaware.
Virginia, Ohio, Maryland and Mississiopj.
each two J Massachusetts,, New Hampshire,
Indiana, Nevada and Arizona, each one.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18
what Nilsson wears.

Nilsson wears a diagonal cutaway coat
vest to match, standing shirt>collar, plain
s'arched linen shirt front, necl1tie, with
horseshe pin stuck in it. She wears no
pettieoats whatever, hut buckskin breeches;
and over these is plain, untrimmed skirt
of plaid or gray goods, 30 tightly drawn
backwards that her lower limbs are almost
as clearly defined as a mans are in irons
ers. A tweed bat, or beaver, Is the head
gear. For evening dress the all blact
hroadcloth, with white tie. Is assumed; foT
morning and travelling a rough pea-iscl,ef
aud skirt of coarse texture. This is given
on the authority Of Olive Logan.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18

THE Mobile Daily News offers silver
cup valued at $780, suitably inscribed, as
prize for the poem best expressing the grat.
itude of the South to the North for tbf
charity shown in the epidemic Of rs. Tho
judges are the celebrated poet, Father A. J
Ryan, Major Stephens Groom, distin.
guished literary scholar Of Mobile, and i
third gentlemen whose name is to be m.
nounced. The competition is limited to
Southern writer's, and all manuscripts must
be sent to the judges by February 10. The
News proposes to publish the prize poem in
the Mardi Gras edition, which will be I'M
usually large and scattered throughout the
country.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18
SUPREME COURT DECISIONS.
MONDAY, january 10, 1879.
Reported Weekly by Jenkins
a. Little, Attorneys at Law.
A. E, REYNOLDS, EFT AL,
VS.. mo. 2645.

A. Il, REYNOLDS, EFT AL,
VS.. No. 26f5.
SAMUEL GwYNN, EFT AL,
Defendants in error sued plaintiffs in er.
ror on promissory note. Pleas of general
issue and payment, with bill of particulars
were fled Plaintiffs (below) after the
time allowed and without leave of the
Court, fled two replications setting up the
statute of limitations to defendants plea
of payment and bill of particulars. De>
PENDANTS reioined that the plaintiffs were,
during the transactions between the parties
and still are, nonsresidents of the State.
Plaintiffs filed a sur-rejoinder setting up
that more than three years had elapsed from
the commencement of plaintiffs action to
the date of filing the set off by the defend-
ants, to which defendants deInurred, which
demurrer was overruled. Defendants filed
rebutter that at the time of commencement
of this suit, plaintiffs were absent from the
State and so continuously remained to the
present time. Plaintiffs filed sur-rebutter
alleging that from the commencement of
the suit to the time of filing defendants
plea of payment and setoff, plaintiffs have
not been absent from the State but have
been present in court to maintain their
rights. Tissue was then joined.
The evidence showed that the. plaintiffs
were, at the time of the commencement of
the suit, non>residents of the State, and so
continued during the tendency thereof.
The trial resulted in verdict and judg>
ment for plaintiffs
Held:
The pleading should have stopped
with replication to the plea of payment.
2. The replications being pleaded without
leave Of Court or Judge, upon the required
the defe idants were 'entitled to
judgment as for want of the proper plea
ing.
,. The replications were bad because
they reply the statute Of limitations to the
plea OF payment.
4. The demurrer to the surrejoinder
should have been sustained and extended to |
the plicat ons for their insufficiency.
5. The time of limitation of set off is
10 be computed as if an action had been
commenced, therefor, at the time when the
olainl ifs action was commenced.
Judgment reversed, demurrer to the sur
'eoiader sustained, and extended to the
'eplications and sustained, and leave grant
I'd to reply to the plea of payment.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18

WE desire to repeat that The COMET is tc
be run strictly on the cash system. W,
would be happy if everybody would take a
notion to subscribe for it. But it is against
our theory of a permanent and successful
business to force it upon anybody. If a
man takes the paper and pays for it we
want him to feel that he gets something for
his money. In any case, we want him to
be party to the contract. We want his
consent to the arrangement. The practice
which prevails to a considerable extent
among newspapers of sending their papers
without being authorized to do it, and then
following it up with bill, is wrong, and
tends more than any other one thing to
lower the dignity and independence of the
press. We shall not engage in this style of
circulating The COMET. A forced circala-
ton is little better than no circulation.
The COMET will go regularly to those
subscribers who have paid for it in adj
vance, and stop when the time is out, IN
less renewed. The postage will be prepaid
as the law requires. and there is nothing
left for the subscriber to do but to receive
it from the postofice. No bill is going to
come after it one, two, three, or ten years
hence. There is no necessity of notifying
the publisher that you can't take it any
longer The paper will stop itself as soon
as the time paid for expires, unless it is re-
newed.
We make this explanation because we
have Oh our list large number of names
whose paper has been paid for by friends
to the subscribers and friends
to The COMET, and to relieve all parties of
any apprehension that we are disposed to
force The COMET on them whether they
wish it or not.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18
B. J.. FRIERsoN, ADMR
VS.. mo. 290l.1 :
j. G. RuGLE, EFT Tx.

The motion by appelees to dismiss the
appeal in this cause because the appeal bond
is signed and sealed bv the attorney OF
appellant, is oyerruled. The Court saw
ing 1--WE assume in this Court that the attor-
ney was duly authorized to sign the appe |
bond for his principal. Moreover the
appellant is prosecuting his appeal in this
Court obtained by a bond executed in the
manner complained He would not be
heard to question its obligation on himself.
The question as to the authority of the
attorney to bind his principal cannot be
raised by motion but must be formally pre-
sented, 50 that the issue NAV be investigated
whether the attorney had power to represent
his principal in fhe act
The bond given in this suit on appeal is
for costs and it was improper to issue
superseded, and it is discharged.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18

24Si H Mitchell ct al, VS.. Tishomine,
Savings Institution. Not a della,
case, and remanded to docket.
2656-J. NJ. Thomson VS.. A. H. Taylor
Reversed and bill dismissed.
2S2G-E. F. Medium VS.. N. A.
Crockett ct al. Affirmed.
2G4I-Paul D. Owens VS.. T. S. and Sue
Belcher. Affirmed.
2940-Isiah Bell VS. State Mississjppi
Writ of error quashed and new wri;
ordered here.
275l-Wm. A. Belew VS.. E. A. Jones ct al.
Motion 10 dismiss for want Of prop
er appeal bond denied.
2S29-W. L. Turner VS.. d. f. L p. r.
Lilly. Affirmed.
H. Sanders vs.. Tishomingo Saw
ings Institution. Affirmed.
2Si3-Eiiza Morris ct al, VS.. Harriet E.
Dennis ct al Affirmed.
2759-John Hodges vs. Fl. NJ. Sullivan.
Affirmed
sf5S-Thomas n, Davis vs.. II. @. Avaut
Citation ordered.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18

HE fattering reception which The
COMET has received at the hands of its
cotemporaries of the Mississippi press has
excited our profoundest gratitude. Almost
without an acception our friends of the
press have extended to us cordial and
friendly greeting. We shall endeavor to
deserve their good opinion, and if we do
not reproduce their too partial comments it
is because we do not wish to lay ourselves
open to the charge of e9otism,
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18
Toledo RLad.

Illinois has such Health Board in oy
istence as every State should have, and
what is more it does its duty. A ma,
gong into community and hanging on
his shingle as doctor, is likely to hav
the first call upon him by request to steI
up to the State Board office and undero
an examination as to his qualifications 7,
administer nhYsic.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18
New &anainra

RALEIGH, January 15.-The Democrat,
caucus of the Legislature tonight nomina
ted Governor Vance for United States Sen,
ator by reclamation. He addressed Ii.
caucus, speaking in favor of party harmo
ny and organization.
DENVER, COL, January IN p. Hill
Republican, elected to the United State
Senate yesterday.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18

JULIA A. HALL,
VS.. mo. 2909.l
VIM. H. CLoPToN, Ex'r of
JAMES HAUGHroE. decd.

VS.. mo. 2909.l
VIM. II. CLoPToN, Exr of
JAMES HAUGHroE, decd.
Suit was brought by plaintiff against Clop-
ton, Executor OF James Haughton, deceased
on certain promissory notes signed
by the latter as surety for his brother La
fayett Haughton, which was resis ed by
defendants on the ground that the notes
had been executed and were accepted by
plaintiff several months before he signed as
surety, and that there was no consideration
for his signing. 1t was contended by plain
tiff that legal proceedings were about to be
commenced against Lafuyett Haugh on
and that in consideration of forbearance to
sell, and extension of time of payment by
plaintiff, 20 L. H., defendant became surety
of his brother Plaintiff assigned for error
that the Court erred in giving certain in
structions asked by defendants in error, and
in excluding portions OF the testimony OF
plaintiff and her husband, NJ j. Hall as her
agent.
Held:
l. We cannot discover that there was any
conflict a. to the fact that James Haughton
signed the notes upon promise of forbear-
ance by the creditor to institute suit
against Lafayett Haughton, and that
such foroeara zee was actually given.
The act Of the payee's agent in obtaining
the name of J. H. as surety, though with
out authority from l.. H. agreeing to for
bear to sue, affords valid consideration if
extended at the instance of the party newly
bound to some other person already bound
2. The loss of time to Hall and the con
saquent risk thereby incurred, is a sufficient
consideration to support the contract with
out regard to whether there was any benefit
derived either by James or by Lafayett
Haughton. Loss or the danger of loss to
the cred tor, is u consideration as sufficient |
as a benefit to the debtor If it be true
however, that the agent of Plaintiff en- |
trapped James H. into signing the notes by
falsely pretending that his brother Lafayett
desired it when in poiut of fact, Latayett
had declined to make such request and had
refused to give any security then
the contract would be void for fraud,
3. 1t was not competent fol plaintiff
and her husband to testify as to what was
said between themselves in the absence of
but it was competent to state
hat Mrs. Hail. refused to receive the notes
If Lafayett Ii without securely. 1t was
ilso competent for the husband to testify
hat be acted rs the agent of his wife and
n accordance with her instructions in
making demand for security. These are
erbal acts which constitute part of the
es gestde. The question as to the compe-
ency of Mrs. Hall as witness to establish
Ter claim against decedent was not raised
n the Court below nor in this Court
Judgment reversed
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18
DIGGER THAN III LOOKS.

Our generous neighbor of the Clarion
has paid our COMET the best compliment
we have had, for which we thank him. He
says The COMET sis bigger than it looks. "
That is what we would call q center shot, a
plumb stroke on the nails head. We have
no ambition to print a big paper, but
what we want to do is to get heap in it..
In other words, to make it bigger than
il looks"
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18

Hon, VAN H. MANNIFG has favored The
COMET with copy of his speech on the
Distribution of the Geneva Reward. We are
also indebted to Hon. Charles E. Hooker
for consolidated copy of the speeches of
Senators Lamar and Thurman, in reply to
Blaine.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18

LIT. COLONEL FRED GRANT, with a salary
of 1926 Il month, has been for the last
three or four years conducting vigoroua
campaign at the hotels in Chicago. He has
been given two years leave of absence in
Euroye-the pay going on all the same
in order that he may have a needed rest
and recuperate his exhausted energies 1t
is probably as good an arrangement as the
Government could make with Fred, but it
is hard on the Chicago hotels
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18
THE PRIZE POEM.

We had permitted our exp, citation to
run high from the offer OF the New Orleans
Times for prize poem expressive OF
southern gratitude for the noble munif-
cence Of our Northern, Eastern and West
ern brethren upon the occasion of our
great tribulation and suffering. It was Il
grand theme truly, and we looked for a
grand utterance. In common with most
people We felt pang in the final outcome.
The poem may be the thing most needed.
but it need translating into plain English
The Holly Sprihgs South comes nearer ex-
pressing our estimate of it than we could
do if we tried, and We, therefore reproduce
the Souths criticism.
The poem, entitled "Andromcda Unclaimed"
written in answer to prize offered by the New Or
leans Times for the best poem expressive of South
ern gratitude for liberal benefactions during the
epidemic, and accepted as such, we are not Impress
cd with as the best which can be offered To begin
with, and as matter OF taste, we hardly needed
any Homer or Milton to soar into the sublime on
subject OF donations Of money, which, though
worthy Of all praise, are not unexampled in the
history Of the brotherhood OF man. And we NAV
almost be sorry that the daughter OF Cepheus was
ever unclaimed" to make an ado to outrival these
great masters Of with any subject less fitting
than warfare among the gods. The poem struts and
abors too loity on stilts and strains after a far
fetched and classical excellence too much like an
opera singer laborng for artistic novelties srpass-
ing the birds at the expense Of her throat. This |
may please scholars and connOisseurs TO an extent |
but il evidently lacks the inspiration Of genius |
which, without "0'erstepping the modesty of ma
ture, rises to the requirements Of the OCCASION and
displays the soul and power to move on the masses
Of men. We profess no capacity for passing crit
icai judgment on such production but as one Of
4 m1nPeople, We confess ourselves disappointed
II is not without peculiar merit however which
may have warranted the choice on the part of better
judges Than We are II is too long for our columns
The World says that the Herald deals
Grant and the third term another deadly
blow BY pointing out, with happy affecta-
ton q indignation. that the refusal of the
councillors Of Cork to tender him recep-
ton was probably inspired from America
by Democratic politician, thus ingeniousIv !
calling attention to the fact that the reeen-
tons at Dublin, Belfast and elsewhere
were: IN like manner, put up by Republican I
poll 'icilns
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18

They were playing a game Of eu~hre
together when she casually remarked:
SO you take my heart, da your
''why-eertainly-yes replied he, hur-
iiedly glancing into her eyes.
And the game was up.
fCards, Of course.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18

The Kemper Herald acknowledges that it
was frozen out during the late cold spell,
and had to skip an issue, However, its
types have thawed and it comes out again
as usual to gladden. its readers.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18

Hon. ]. Ed. BELcH, brother of our
townsman, Mr.. j. A. Belch, was elected
Speaker of the Missouri House of Repre-
sentatives by the Democrats few days
400.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18
NOTICE OF SEIZURE.

UNITED STATES INTERVAL REVENUE CoLLEc-0
TORS OFFICE, DISTRICT MISSISSIPPI
JACKSON Mss December "A, 1878
To Whom II Nay Concern.
Notice is hereby given Of the seizure of two p
boxes manufactured tobacco on November o.
1878, at Holly Springs, Miss, under Sections 1865
ana 33f2, Revised Statutes. Any person or persons
having, or claiming to have any right title or in.
terest in the same hereby notified to appear and
make such claim within thirty 900 DAYS from the
date OF the first publication of this notice.
r. c. POWERS, Collector
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18
Always yours,
BENJAMIN..

The only way we could possibly consent
to swallow this Brookhaven epistle was to
sandwich it between two charming notes
from the hands of fair ladies. From
lady in Hazlehurst we are permitted to e&-
tract the following:
Among the papers sent was The COMET
Whenever they make their appearance, comets
create greater stir and attract attention than
all the galaxy of stars in the armament, nor is this
COMET, received with many stars, an exception
1t is bright, newsy, racy, well edited, and trust
it will long illumine Mississippi with its sparkn g
scintilations of wit, humor and good sense"
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18
Here now follows an expression from
hard subject in Brookhaven.

| BRooKHAvEN, Mss, January 10, 1879
| DEAR CoOPERi-We in the "pney woods have
reason to be proud, especially in this dear town Of
ours. In the first place, didn't have any yellow
| fever; in the next place we did have Christmas.
Then we bad the loyeiest snow that ever showed in
this or any other country. Then we had New
Years day. But what wanted to say, particu-
ary, was, last but not least Of all good things, The
COMET dropped down upon US to the surprise and
qualification Of quite goodly number OF our de-
voted citizens. What 1 mean by devoted is devo-
ton to the COMET or rather in many respects to its
editor They, the people, believe he, the COMET
man, has many good traits, although he may have
some straits But be that as it may we hope you
much success in your new beginning in your old
terprise, and trust that your tall the tail
Of THE CoMET-may hang as long and be as brill
liant as its proprietor may desire. You send it
to me always on the terms you mention, never to
DIM fellow for it,
The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-01-18
THE COMET.

WHAT THEY IA We TO SAY ABOUT II