davidaulloa/AmericanStories huggingface dataset:
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-15
THE N. j. & G. RAILROAD.
As a Recuperative Agent.

The Kinds county bonds for the
Natchez, Jackson and Columbus Rail-
road are now upon the market, and
sell readily for ninety cents on the
the rate of seven per cent. per annum,
the interest payable annually on the
LIST Of February, and the principal in
fifteen years. They are nontaXable,
and well secured, and hence just three
per cent. more than United States
tours. The bonds Of Adams county,
issued for the benefit of this road, of
the same character and rate of inter-
est, command premium. Kinds is a
richer county than Adams, and owes
less. Why her seven per cent. bonds
should not go off at par is inexplicable
upon any theory except that the man
ayers are bound to utilize them for the
immediate current expenses of con-
structing the road. That they will
spring to par value, as soon as they
pass over this eXigency, is matter
which admits of hardly any doubt.
Consequently, persons who invest in
the first series at ninety cents, are
almost certain of a speedy profit of
ten cents on the dollar, in addition to
the interest.
Gen. Martin, the President Of the
road, who has shown zeal, and an
energy and perseverance in behalf of
this road, almost without a parallel in
the history of railway construction,
has removed one obstacle after an
other from out of the way of its Iron
Horse. No other man, perhaps, could
have overcome the tremendous and
influential opposition to the tax in
this county. No other man could have
the resources placed in his
hands more ably and successfully. He
has given, and is giving to this worthy
enterprise the best years of his life,
and when it is completed it will be an
monument to his energy and I
1t is fact worthy of note, that most
If the intelligent opposition to this
enterprise in Kinds county is givir e
way. As they failed to prevent the :
county from taking the 500, 900 stock {
N the road, it becomes now a plain 6
iuty to throw their influence on the t
ide Of the successful prosecution of
he scheme, so as to realize for the +
ounty the most out of the invest {
nent. This is the view they take.f
nd it is perfectly rational and public
pirited. And We indulge the hope +
hat all parties will not only ground v
rms against the progress Of the road, a
'ut come manfully to its moral sup =
'ort, and thus make it popular with i,
ur people as it deserves to be. We L
hould consider it now in wretchedly '
ad taste for any body to take adyant- :,
ge Of the necessities of the Company. 3
nd make illiberal exactions, either i'm a
he matter Of the right of way, or de- ?
delays in the issuance or ne n
citation Of it's bonds.
Let this Company lie regarded only
h the light of friend to the county :
nd its people. a
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-15
MANIA GROVES

| b.
PRESLEY GROVES, ct al.
Error to the Chancery Court of Leake
county, Hon. j. B. Graham, Chancellor.
John and Presley Groves filed bill
against their fathers widow (their step
mother) for the purpose of setting up for
themselves resulting trust in the family
homestead, on the ground that it had been
bought with the money of their mother,
1.-THE first wife,, and the deed taken by their
father in his own name. 1t was insisted
by appellant that one of the most important
dispositions taken for appelees should have
been suppressed, because the Commits
sioner before whom it was taken, was their
(appellee's) uncle. 1t was also insisted
that the trust is barred by 2l75 of the
Code, because, although only short time
interviewed between the death of the
father, and the filing of the biz by COM
plainants, more than ten years had elapsed
since the death of their mother, and as they
were of age at the time of her death, and
could at once have instituted this proceed
ing, their right to do SO became barred
before their said bill was filed. The Chan
cellor decided for compliments, and from
that decree the defendant presented writ
of error to this court.
j. D. Eads, o. A. Luckett, Jr., and j. W.
jenkins, for plaintiff in error.
John Handy for defendant in error.
CHALMERS. j.,
Held
1. The deposition taken before the uncle
of defedantsin error should have been sup
pressed. A Commissioner "must bear
such relations to the parties as will secure
his impartaity in the execution of his
commission. He in other words, should
not directly or indirectly bear to either
party such relation as would authorize a
of bias in the execution of the
trust, in favor of or against either party"
q But, excluding the deposition taken |
by said Commissioner, there remains suf- |
ficient and competent evidence to establish |
the trust.
8. The father during his life, held the
land as tenant by the curtesy, and though,
trust in remainder may file his bill quia
tinaet desiring the continuance of the life
estate, he is not found to do so.
4. A cestuS que trust will not be barred
from his right to relief by any length of
unless he have an immediate
title to the beneficial interest.
'The rights of the cestuigue trust cannot be
barred untilhis rights fan into possession"
If therefore the cestui que trust holds IN
begin to run until his right to the possess
'lon falls in by the determination of the
particular estate.
Decree affirmed
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-15
SUPREME COURT DECISIONS.
RepOrtea weekly by y. w, Jenkins.
Attorney at Law.
APRIL TERM, 1850.
JNo. f. WILLIAMS, 4 Co.

JNo. +. WILLIAMS, Il Co. !
VS..
TIsMoMINGos SAVING INSTITUTION.
Appeal from the Circuit Court of Alcorn
county, Hon. J. A. Green, Judge
Ives, Murphy n Bonar drew their check
for $3.50 90 on the Trademarks Bank, OF
New York, payable to the order OF u u
Williams. their travelling agent, and en-
closed it in letter addressed to said Will
liams, at Corinth, Miss. Through mistake
the letter was delivered to man by
name of G. G. Williams who resideu
at Corinth, who appropriated and as
signed the check to plaintiffs In error,
for value, and they assigned it to defendant
in error, receiving its face value, less OK
change. The latter endorsed it to their
New York correspondents, j. j. Cissco "
Son. and they presented it to the Trades
mans Bank, where it was paid.
When the check was presented to the
drawers, they discovered the forged ell
dorsement of Williams name, and reiused
to pay it. 1t was therefore returned TO tne
respective endorsers, each refunding the
money received thereon, until it got BACK
into the hands of defendants in error, VINO
presented it to plaintiffs in error, but they
refused to refund the amount they had re-
ceived therefor, claiming that they incurred
no responsibility except guaranty that
the drawees would pay the check on pre-
sentation.
Inge & Chancellor for appellants.
Whitfield Il Young for appellees.
GEORGE, G.. j.
.Held-
I, The rule is well settled that an EN-
dorser warrants the genulneness OF the en-
dorsements on the bill and that he has
valid title to the paper.
2. Should it be ascertained, even AFTER
payment of the bill, that any of the endorse
ments are forged, the drawee can recover
back from the person to whom he paid,
it, and so each preceding endorser may re-
cover from the person who endorsed 1t to
him.
8. The drawee is bound to know the sig
nature of the drawer, but not of the en-
dOrser.
Judgment affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-15

Rufus, sixteen year-old son Of
Mr.. Case, living in the western part
of this county, met with serious and
nearly fatal accident one day last
week. He was walking a log over
a small stream, carrying a shotgun in
his hand. He slipped and fell, the gun
striking the log and being discharged
in the fall; the whole load of shot
passing through his right hand,
mangling it in a frightful manner.
The muzzle of the gun was so near
his stomach when discharged that his
clothing was torn away and the skin
badly burned by the powder. The
shot, after going through his hand,
passed close about his head, one strik-
ing him in the chin. The rim of his
hat was completely riddled, and the
skin on his forehead bruised by the
leaden missiles. His arm was ampu-
tated on Saturday by Doctors Brandon,
johnson and Harrison. The young
man was resting easy on Sunday
Meadvile Banner.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-15
A Much Needed Invention.



The climax of invention has been
reached, we think. The design is
most comendable-to prevent market
men from selling old eggs as fresh
ones. The inventor proposes to ar
range a rubber stamp in the nest OF
every hen, with a movable date.
The stamp is connected with a pad
that is saturated in indelible ink. An
electric disk is arranged so that
when hen has laid an egg, her
foot touches it, and the stamp turns
over on the ink pad, and then re-
wolves, stamping the date on the egg.
On each evening after the hens have
retired to their downy roosts. with
the ROSTERS, the date of the stamp Is
altered for the next day, and the
work goes on. In this way there can
be no cheating. The dates tell their
own story.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-15
MIR. DefOe's Drama. In w,
DefOe was to Have a Mi"nnch



"By gum !"
Mr.. and Mrs. Defoe sot hoe
cheerful fire in their home th elore
evening. There had been n We ne otl
Rod of silence, when Mr.. Defnag
denly exclaimed as above oe 81
" What Is it, dear?n She ros,,
Say, we've got tired plavin pond
and what do you say to priva us gan e
ricals?" '"'e The
Elbow ?"
"Why, Wen get three or FINN 81
neighbors to join in, and we'll M, Vi
each others houses and have r eeeI
piled. She
Hanged If it don't! Womb.
never thought of it before. Twan
dollars will get us al the scono wen
want, and each one can furn;aIy
own wardrobe. BY gum we' Sl
the idea nowm WV We q
What sort Of play could ,
play? ?" she asked, as She morch ,u
and down with tragic step. '''u
~ have it-aha,n he excloir,o,
he stopped short: "Don't You rema,
Der ! started play about five 'i uaa
ago? I'll finish it, and we'Il hriSneaa
out. Now let's see how the charangs
run. There is the Count Dnmde
who is in love with Geraldina u
Fair. I'll be the Count, of conrao u
he is the hero. He kills fonr , ~,
rescues Geraldine from seyera, n de
gers, and there is a good deal Of p Hal
ing and love making, and ham
marriage" "pp
"And I'll be Geraldine
:" You! Oh, you couldn't plav IN,
part. She must be young and VIVA iu1
cious. Let's see! I think III oo
you for Hannah, who keeps hat va
near park in Paris" 'i
"I'd like to see myself playing Han
nah in bakery, 1 wouid!p She a.
family answered. IF YOU can ~ n1 n'
Dumdoff, 1 can play Geraldine. y r"
ooh, no, you can't, my love- ym
are little stiff in the knees, and bo"
you'd look throwing yourself in n NV
arms as the villains pursue. I sha
cast that little Widow d., for Gera
dine. :"
"Then there'll be two Geraldines .
us! If you can play Dumdoff Will
your lame back and catarrh, | know /
can play Gera dine with this ltnaI
lameness in my left knee"
"Now you listen to reason, Mrs.
Defoe. You aren't built for a GeraI.
dine; you are too fat; your feet ara
too large; you haven't got the Voice
for 1t. w
"And you'd make a pretty CONT
Dumdoff, you would !" she fired back
d" You want to get that crook ont of
your back, that bald head shingled
over, your mouth repaired, and
your eyes touched up with paint
brush / think / see you killing fom
ha! ha !"
"Woman do not anger me - he
said, in a deep-toned vice, as he rose
:" And don't you anger your Geral.
line, either!n
Geraldine! Why you don't know
4 sky-border from a flat!"
Dumdof! And you don't know
Skye terrier from the big fiddle in the
"Tis well ! Well have no playing
here ~
"Then you needn't! When I play
in the bakery to let you hug
md kiss the widow d. Or any othvr
woman all over the stage, you'll b
,hree or four. Count Dumdoffs!"
"I'Il burn the play, jealous woman"
If you don't, / will, vain man!n
Then they sat down and resumed
heir former occupation of looking
nto the fire, and the disturbed cat
vent back to her dreams.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-15
@ R A N II.

The present indications are thai
Gen. Grant will be nominated a
Chicago. He is too strong to be shaker
off, though the opposition to his can
didacy seems to be formidable and
deep-seated. To defeat him in the
convention would be about as bad for
the Republican party as his nomina-
ton.
The Clarion, journal accurate in
its statements, says that he only lacks
l6 votes up to this date, to insure him
success in the Republican convention.
If this is correct, then he will prob
ably get the 10 needed votes and with
them the coveted prize.
With all respect for the opinions of
Others, we do most earnestly express
the conviction that, in this contin-
gency, Mr.. Bayard can win us a great
national victory. In every vital
point he presents the most striking
contrast to Gen. Grant. Mr.. Bayard
is statesman Gen. Grant is not a
statesman. Mr.. Bayard is recognized
by the whole country as beautiful,
elevated and pure character; and
while Gen. Grant may be a great
soldier, none of his best friends have
ever 'ascribed these special personal
virtues to him.
The whole life of Mr.. Bayard is
proof of the kind of administration he
would give the country. While Gen.
Grants past administrations speak
for themselves in the matter
of official impurity and corrup-
ton. The wellknown patriotism
and conservatism of the one assures
the country of the safety of republic
can institutions and constitutional
liberty; while the violation of the
third term tradition and principle in
the person and candidacy of the other,
would be calculated to agitate and
alarm the whole country.
Mr.. Bayard, it may be fairly said,
the very best things in
politics; and, without the
least injustice to Gen. Grant OF his
friends, it may be as fairly said, that
hey represent about the worst things
n official life that this country has
aver been called upon to witness.
There are thousands of honest and
Republicans in the North
Who are opposed, on principle, to
bird term; many who dislike the
Elevation of soldier to this high civil
and thousands again, who
re heartily sick of Grant-with his
private cabinet of Babcock, Williams
I Co. lis class of voters will readily :
% to Bayard in preference to Grant. .
t is not at all improbable that the !,
after could be beaten in the Republic
state of Massachusetts,.
There is no reason why Mr.. Bayard
annot carry New York. He would
10 doubt be acceptable to Mr.. Tilden's
riends, as well as to the Tammany I
ranch of the party. And so far as
be South is concerned, it would I'M
display an unusual degree =
f interest and activity in the success :,
ticket headed by Thomas F. .
'ayard. :.
We would not underate other dis =
nguished gentlemen who are men- :,
oned for the nomination, and it is -
OF intended as any reflection upon T T
lem, when we express the conviction -
lat Mr.. Bayard is the best and -
trongest man we can name. :,
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-15
NATIoNALISM.

1t is undeniable that the South il
more vitality interested in national
reconciliation and the complete oblit
Grafton of sectional lines, than any
other portion OF the country.
This Is almost a self-evident propo-
sition to the common run of people
and it is certainlya truism to thinking
minds. TO those who have not given
the subject thought, these few reasons
will be sufficient.
The Republican party had its birth
in sectional issue. 1t grew strong in
the agitation of this sectional question.
1t came out of the war of the two Sec
tons ms political organization, but
little less than invincible, and has
since reposed on its great strength,
confidently, on the theory of the per-
petuity of a sectional quarrel.
Before the war, it was the crusade
against slavery during the civil war,
the cause of freedom, and the perpet-
uation of Republican government;
and since the restoration of peace, it
has been reaping and securing the
fruits of the war, or in popular par
lance, it has been waving the "bloody
shirt"
1t is evident as these war issues
grow more dim, the Republican party
will become weaker; as the whole
country becomes more national in its
sentiments, the less place there will
be for Radical politics and politicians;
and finally a complete obliteration of
sectional prejudices will end in a gen.
eral displacement of the Republican
party.
The South is therefore, deeply con-
cerned in the re-establishment of
genuine national pacification.
Now are we to sit down and wait
for overtures that may never be made?
Let us do our part; take our own firm
and dignified stand and appeal to all
that is best and patriotic and conser-
vative among the Northern people, ig
noring political partisans, and wait
ing for time and fair inquiry to do the
rest.
Just now, in the year 1880, the South
,an move forward in this direction, if
she says the right thing in the Cincin-
natl Convention. Let us have great
statesman for our chief, who loves not
only the South but the whole country,
md who in return has both the love
If the South, and the confidence and
aspect of the best people of the North.
II naming our standard bearer, as an
Expression of liberal views from the
south, let the Democratic party put
onward man who stands contesscdly I
ugh in the estimation of the whole
lation.
We trust the party in its assembled
wisdom will name a man who repre-
ents these ideas
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-15

AT the annual banquet given by
the New York Chamber of Commerce
on Tuesday night last, John Sherman
responded to the toast "Ihe financial
prosperity Of our Country" Among
other things he said:
1.-The mineral resources of our cOun-
try are greater than the wild imagin-
lngS of few years ago; taxes that
three years ago yielded barely enough
revenue to meet current expenses in
March last yielded, without an in
crease in the rate, surplus revenue
OF fourteen million of dollars, and will
no doubt, during the pre- ent year,
yield over one hundred million Of dol
lars. Our four per cent. interest bonds
now sell at Il higher rate than our six
per cent. bonds averaged for period
OF several years. Our manufactures
have, dUrii.g the last ten years, more
than doubled. No country in the
world can vie with us in the produc-
ton of food, in its cheap transporta-
ton and in facilities foi its shipment.
In the production of cotton, wool and
cheap articles of food we need not fear
the rivalry of any nation"
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-15
THE Nashville American notices

THE Nashville American notices
one of Grants supporters thusly:
Since Tom Ochiltree's peculiar vein
has been brought into notice by his
assertion that Grant can carry five or
six southern States, it is not amiss to
refer to Toms ubiquity. 1t was said
of him during the war that he had
been in every battle fought up to the
time when he was ready to give one
an account of it, and it was conf
IDENTIFY predicted that he would be in
every one yet to be fought. What
was more, he knew more of the plans
of battle than the Generals who
fought them, and he had to be rare
observer who tripped him up in his
facts. He generally left his suspicious
auditor somehow under the impress
sion that he hadn't been there, and
yet wondering how the deuce he knew
so much about it if he hadn't.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-15

Is the supreme Court of the United
States, the case Of Jno. B. Stone flor
the Mississippi Agricultural Educa-
ton, and Manufacturing Aid Society
vs. the state of Mississippi, has been
decided in favor Of the State. The
court decided that "Any one who
accepts lottery charter does so with
an implied understanding that the
people i'm their sovereign capacity. and
through their properly constituted
authorities, may take it back at any
time when the public good shall re-
quire, aud this whether it be paid or
not.
He gets, in legal effect, nothing
more than a license to continue. on
the terms named, Tor a specified time.
unless sooner abrogated by the
sovereign power If the Stale. Itisto
permit good as against existing Laws
but subjects to future leg station a con,
stitutional contract or withdrawal
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-15
MEYER, WEIs & Co.,
VS..

j. L. CASEY.
Error to the Circuit Court of Washington
county, Hon. b. F. Trimble Judge.
Defendant in error and j. Ostroffsky
owned jointly, plantation in Washington
county, known as "Warsaw." Jan. 9th
1877, they executed and delivered to an
agent of plaintiff in error bill of sale of
all cotton on said plantation, estimated at
one hundred bales, in consideration of, as
recited in said instrument, advances made
to the former by the latter.
Subsequently all of said cotton Except
twenty bales, the subject of this suit was
shipped to plaintiff in error.
Said twenty bales were withheld by
defendant in error, who claimed them as
his own; that he was not indebted to
plaintiffs in error in any sum; that the
consideration moving him to execute said
bill of sale, was an agreement upon the
part of said agent, that plaintiffs in error
would pay certain land note then due, for
the purchase money of said plantation, and
that they had failed to pay the same.
Ostroffsky had store on said plantation,
in which Casey denied having any interest,
and from which, the plantation was sup
piled.
September 18th, 1876, Ostroffsky executed
and delivered to plaintiffs IN error mort
gage conveying his whole interest in the
crop raised on said plantation, to secure
specified Indebtedness and present ad-
vances.
Plaintiffs in error did not know that
Casey claimed any interest in said cotton
until he executed said bill of sale. They
brought replevin to recover that portion of
the cotton withheld by Casey.
At the trial, the latter was allowed to
introduce parol evidence to the effect that
said bill of sale was executed by him in
consideration of an agreement by plaintiffs
agent, that they would pay said land note,
and that they had failed to pay the same.
Verdict and judgment being rendered
for defendant, and a new trial refused,
plaintiffs prosecute writ of error.
Percy e. Yerger for plaintiffs in error.
Frank Johnston for defendant in error.
CHALMERS, J.
Held
/. The consideration of the bill of sale of
the cotton, wholly failed as to Casey.
2. The written instrument recites con-
sideration, and it is claimed that it is not
allowable to contradict the writing in this
respect. The rule of exclusion does not
apply to evidence of failure of cOnsidera-
lion.
g. 1t is not admitted to vary by parol the
erms of valid written instrument. If it
las valid existence, it must stand as the
ole eXpOsitOr of the terms of the contract
t evidences, but it is allowable to show by
,arol, that the writing never had validity, {
II that, having had legal existence, it
las, for some reason, ceased to be operative. |
4. The distinction between sealed and r
lnsealed instrument, as to the right to i'm :,
leach the consideration, does not exist in !
his state. l
Judgment affirmed. G