davidaulloa/AmericanStories huggingface dataset:
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03
STATES RIGHTS AND NEGRO SUI
FRAGE.
What the Comet Does Not Do.

Okolona States says THE COMET dc
$ tends negro suffrage and denounce
: States Rights. If SO, we have faue,
to see it in its columns. How is II
friend Cooper?-Forest Register.
THE COMET does not war upon tn
Constitution of the United States, no
waste its strength on exploded issues
1t does not try to plant itself agains
the inevitable, nor to ignore facts ac
complished.
In religion The COMET reverently
recognizes the Christian Church ~
the true evangelizer Of the world, but
it does not undertake to say which de-
nomination has blazed out the broadest
road to heaven or dug the deepest pit
for - the other place.
In politics THE COMET believes in
the Declaration of Independence, the
Constitution of the United States, the
Stars and Stripes, Hail Columbia,
Yankee-Doodle-Dixie, the Goddess OF
Liberty, the Monroe doctrine, the
manifest destiny of the universal Yam
kee nation, the eternal fitness of
things, and Gen. Hancock for Pres
ident.
1t does not endorse Okolona States
manship nor Lemars Sentinel-ship.
Its voice is for peace and Democratic
Conservatism. When you talk about
war it is good plan to call out discre-
ton before you unloose the dogs. We
are willing for the Okolona States and
the Lemars Sentinel to fight wind
mills to their hearts, content-more
valorously than the immortal Don
Quixote ever did-and to paw up the
ground and scatter the clods in a
manner that would make the re-
doubtable Bombastes Furioso asham-
ed of himself. We will consent
for them to write nation with
big or little N, capture capitols,
figuratively, or annihilate States in
the vivid imagination or, they may,
like the great Castilian Captain, Bas-
ilisco Espheramonte, that invincible
slaughterer of mankind, who plumed
himself as the Generalissimo of all
the militia of Europe, and who full
minated that he would swallow noun
tains, breathe out whirlwinds, belch
volcanoes, spit targets and sweat
quicksilver! But we want none of
that sort of transcendental, hidalgo
pyrotechnics to get hold of us. 1t
don't suit THE COMET. We want
peace, not war; we want to restore,
not to scatter; to build up, not to tear
down; to move forward, not to pro-
gress backwards; to conciliate, not to
infuriate; to increase, not to diminish
to save, not to destroy.
And that's our position on States
rights and negro suffrage.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03

Christ (EpiscopaD Church, in st.
Louis was i'm straitened circumstances,
and the rector, the Rev. DR.. Montgon-
ery Schuyler, agreed to acceptin lieu OF
a stated salary, whatever he could get.
After trying this plan nine months,
he writes to the vestry as follows: 81
have received thus far, 81 400. Now,
it must be evident to every one VINO
has any knowledge of the necessary
expenses of large family in a city
that such an amount is utterly made
ouate. must therefore resign. You
may find some one without a family
who can live upon what may be the
revenue after meeting other current
expenses, ana who may be able and
willing to endure hardness for the
Masters sake"
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03

1857, and by 1884 of the Code of 1871, u Is
declared that ''nO yerdict.shall be arrested
reversed or annulled after the same Is
| rendered, for any defect or omission IN any
jury, either grand or petit, or for other
defect, either of form or OF substance,
which might have been taken advantage Of
before verdict, and which shall not have
been so taken advantage Of"
9. BY the Act of 1878, page 20O-l, 1t Is
provided "that no verdict shall be reversed
or annulled in the Supreme Court because
the transcript of the record III said Court
fails to show a proper organization OF the
Grand Jury or fails to show that the priso-
ner was present In Court during the trial.,
or.during any portion thereof, &C., &c." III
these several statutory provisions are con-
stitutional, they fairly cover ana embrace
every defect found in the record before us.
4. Assuming the c0nstitutionality OF the
Statute of 1873, above, which deVolves
upon the defendant the duty Of attacking
in the lower Court the errors and omissions
complained-of, 1T is plainly incumbent ON
him to show in this Court that he did 80
attack them.
5. We see no error nor omission in the
record before us, that is not cured by the
existing statutes, nor do we see any falld
constitutional objections to the statutes
themselves.
8. A neglect upon the part of the Circuit
Court to observe any statutory enactment
or common law principle intended for the
protection of the accused, where the same
has not by the lawgiver been declared TO
be directory only, will vitiate verdict, or
if it relates to jurisdictional fact, VIII
render the proceedings void.
I. The only change wrought by the
statutes under consideration is in shiftlng
the legal presumption as to the matters
covered by their language. TO such
matters, where the record is silent, the
Courts are now required to apply the
maxim OmaiG presumuater rite dcta.
s. The statutes devolve the duty of
attacking in the lower Court the errors and
omissions complained of upon the accused,
who in order to show in this Court that ne
did so attack them, must see that the
record properly embodies and sets out his
motions or objections.
Judgment dismissing the writ and re-
handing the relation is affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03

The North louisiana Republican
favors this Presidential layout: "For
President U. S. Grant, of Illinois for
Vice President Thos. Settle, of North
louisiana" The humorous part of
this ticket is found in the tail end.
But the Republican ought to have
given the parish in North Louisiana
that holds the Vice President, and
then we would be able to find out who
he is by enquiring Of some gentleman
in that portion Of0ur sister State.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03
HENRY DUKE, ct al, !
NC l

HENRY DUKE, ct al,
VS..
THE STATE, use etc.
Error to the Circuit Court of POntOtOc
county, Hon. J. w. C. Watson, Judge.
This is suit brought upon an admins
traitors bond to recover the amount due
plaintiff as one of the distributes of
the estate of his deceased grandfather,
as shown by the final settlement of the adj
being now nonresident, was not sued,
but the suit is defended by his sureties
who pleaded payment. In support of their
plea they offered record from the Probate
Court of PontotOc county, which showed
that Immediately after the administrator
final settlement, he had been by said court
appointed guardian of plaintiff who was
then minor, and had charged himself as
guardian with the amount due by himself
as administrator. This record was, upon
objection, excluded, because it showed on
its face, (by recital in the guardians
bond,) that the minor was, at the date of
the appointment of the guardian, a resi-
dent of Tunica county, and thereby DEM
onstrated that the Probate Court OF POnto-
toe county had no jurisdiction to make the
appointment.
Houston & Reynolds for plaintiffs in
error.
Ii. V. Sullivan, for defendant in error.
CHALMERS, j.,
Held
1. The Court ruled correctly in excluding
the record offered in evidence.
,. The Probate Courts were County
Courts in their dealings with minors, and
had no Jurisdiction to appoint guardians
for those who were not residents of the
county, save when they were nOn-resi-
dents of the State. and had property in the
county where the appointment was made. |
3. The qualification by the administrator
as guardian, and the charging Of himself
in that capacity did not in any manner |
affect his liability as administrator, or re-
lieye those who were sureties for him in |
that behalf.
Judgment affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03
MATTE JOHNS,
VS..

| JOHNSy
VS..
JAMES II. JOHNS.
Appeal from the Chancery Court OF
jefferson county, Hon. Thomas Y. Berry
Chancellor.
Appellant filed her bill for divorce
against appellee, her husband, upon the
ground of his habitusl cruel and inhuman
treatment of her. The parties have two
children, and the bill further seeks to have
their custody awarded to appellant, on the
ground of her devotion to and her ability to
provide for them, besides the inability of
appellee to care for them, and his wicked,
debased and desperate character, render
ing him unfit to have their custody; also,
that because of their tender age, their
mother is the only person who can give
them the care and attention they need.
The answer denies the allegations of the
bill.
The evidence shows that the parties
were married in 1872, and separated in
1873, after blows very inflicted on the wife
by the husband. Shortly afterwards, a
reconciliation took place and they again
lived together, but unhappily, till January
18th 1873, when the wife left her husband
and soon afterwards brought this suit. 1t
further shows that the wife is affectionate,
amiable and submissive, while the husband
is coarse. vulgar, profane, and wanting in
afectionate regard for his wife. He was
in the habit of wounding her feelings;
often cursed her; sometimes kicked her
implements of industry about the house or
out of doors in his fury, and twice in 1877,
struck and choked her.
On final hearing, the Chancellor dismiss
ed the bill, hence this appeal.
j. j. Whitney and Thos. Reed for ap-
pellant.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03

Julius Winter Jr., paid his hundred
dollars license like a little man this
week, then took orders for over one
thousand dollars worth of clothing
Oxford Falcon.
When Julius Winter comes to jack
son, however, he takes orders for
$4,000, perhaps, and pays only S. or
so license, if any at all. How can
home dealers who pay large privilege
licenses compete with foreigners who
deal in the same line and pay neither
license nor store rent? And how
long will it take for such a policy to
bankrupt any community?
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03
CALL FOR CONVENTION.
Lawrence County.

A Convention of the Democratic
Conservative party Of Lawrence
county is hereby called, to meet at
the Courthouse, in Monticello, on
MONDAY, THE 24TH DAY OF MAY,
to nominate delegates to the State
Convention. G. A. TEUNIssoN,
Chm'n Elk. Com tee.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03

A REPRESENTATIVE of the large
clothing and furnishing house of H. b
Stevens of New Orleans, will be in
Jackson next Monday or Tuesday,
with full line of nobby samples in
ready made clothing, stylish and
elegant underwear, neck dressings,
hosiery, etc. Here is a good oppor-
tunity for purchasing goods without
the expense of going to the city.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03
BERCIER Il DESMIT, I
VS.. 7
DANIEL MCINNIS.

VS..
DANIEL MCINNIs.
Error to the Circuit Court of Jackson
county, Hon. j. S. Hamm, Judge.
Defendant in error sold to plaintiffs in
error lot of timber, received 1888 y IN
payment, and signed the following receipt
| "Receiyed- Scranton, MISC, De-, 2Sth, 1875
| from Messrs Bercier & DeSmit five hundred and
eighty weight dollars and twenty-five cents for tim
"s5ss ~ d. McINNIs"
He subsequently brought this suit and
recovered judgment for an alleged balance
due him. The testimony as to the amount
of the timber and the mode of measure
ment differed, and defendants asked the
Court to charge the jury that the law pre-
sumed prima faeie that the receipt was in
full of the price of the timber, which the
Court refused to give.
r. Seal for plaintiffs in error.
C. II. Wood for defendant in error.
CHALMERS, j.
Held
1. The charge was properly refused. A
receipt prima ,facie imports exactly what it
contains, neither more nor less. If itspeci-
ties that it is Sin full" prsma facie it is so;
if it states that it is con account" prtn.a
facie more remains due, but with the right
to either party to show in either case that
it is erroneous.
2. When receipt simply acknowledges
the receipt of so much money, it simply
imports Prima .facie that that amount was
paid by one party and received by the
other, and it imports nothing more.
3. The receipt in this case rightfully
went to the Jury for what it was worth,
and the Court properly refused to instruct
that the law attached any other meaning to
it than that which its language conveyed.
Judgment affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03
SUPREME COURT DECISIONS.
RepOrIeH Weekly by !. w. jenkins,
Attorney at Law,

j. NJ. HIGDoN,
VS..
Il. NJ. HIGDoN, etal.
Appeal from the Chancery Court of Mar
shall county, Hon. A. b. Fly, Chancellor
Appellant bought tract of land at Sher-
iff's sale, and had the deed made to a
maiden aunt, elizabeth Baum,) and one OF
his sisters. Sarah p. Higdon.) lie was at
the time. living in Tennessee, and the grant
ees, with the defendants, were living ON
the premises in controversy, and had been
for many years, with the family of j. D..
erty. 1t was under a judgment against
Baum that the land was sold.
In 1874, Elizabeth Baum, at appellants
request, conveyed one-half of the land to
him. Prior to that, Sarah p. HigdOn died
unmarried and interstate, and the legal title
to her half of the land descended to appel
liant, and her four surviving sisters, the
defendants in the bill-appellees herein.
The latter refused to convey to appellant
the title so acquired by them, by descent,
anu Hc Hieu HIS Dill W ulNcsJ Jncin tHciooi
and have it placed in himself.
The answer admits the allegation Of the
bill, but says that complainant was under
a moral obligation to provide defendants
home; that it was with fraternal intention
that he made the purchase above mention
ed, and that his sisters looked to him for
protection, and in part, for support.
On the proof, the Chancellor refused to
grant the relief asked, and dismissed the
bill.
Watson e. Smith for appellants.
Stith a. Stith for appelees.
CAMPBELL, j.,
Held
1. If the purchaser of land pays the
price and has the title conveyed to another,
for whom he is under legal or moral obli-
CATION to provide, or towards whom he has
placed himself IN loco PARENTS, the purchase
will be presumed to be settlement, and
not trust for the purchaser.
2. This presumption may be rebutted by
evidence, but it cannot be affirmed that the
Chancellor decided enormously, in holding
in this case that the legal presumption at
tending the purchase by complainant was
not rebutted.
Deere affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03

CAMPBELL, j.

CAMPBELL, j,
HeId-
1. 'IIabitual, cruel and inhuman treat.
ment, marked by personal violence 1.
cause for divorce from the bond Of matri.
mOny; Code, sl76T. The clause, "1arIsJ
by PersoNal violence" defines the kind OF
degree Of treatment which is cause for a
divorce.
2. cruel and inhuman treatment. prae-
ticed by one Of the married parties towards
the other, with such persistency as to have
become the accustomed conduct Of the
party, and which il characterized bv
..PersoEat rioieHce, - entities its victim TO a
divorce.
3. This treatment must be habifuaI. A
single act Of violence, ordinarily. would
not suffice. II might never be repeated.
IL need not have been frequent. tits not
necessary for personal violence to attend
the daily Intercourse Of the parties. 1.-THE
treatment il persistently cruel and inhu-
man. and occasionally, It il characterized
BY personal violence, % a. tobsgsf fIe aDDr~-
hsHsioa that = - fiabls 70 occur dgafa. Al
any time, when the fury Of passion nav
impel The offender, u is sufficient.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03
NJ. T.. WoFFORD,)
vs..
r. +. BAILEY.

Appeal from the Chancery Court of Sum-
ner county, Hon. II. W. Wilkinson, Chan
cellor.
In this case bill was filed, alleging that
complainants are the real owners of the
land in controversy by descent from their
father, but that defendant is in possession
under title bond, from one who had no
title, and in addition under void tax deed.
1t seeks to have the tax deed and title
bond cancelled as clouds upon their title,
and asks.fo a writ of assistance to recover
possession. A demurrer to the bill was
overruled, the principal point of which is
to the alleged wanting of jurisdiction in
Court of Chancery, because of the exist
ence of complete remedy by action OF
ejectment at law.
Beall & Critz for appellants.
Martin & Bates for appellees.
CHALMERS, J.
Held
Under the broad provisions of 2975, of
the Code of 1871, the bill is maintainable
in so far as it seeks cancellation and re-
mOval of the title bond and tax deed as
clouds but not maintainable in SO far as it
seeks possession of the land. The Chan
Gerry Court has no jurisdiction to award
possession in this class of cases.
Affirmed, with sixty days to answer.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03

THE Metropolitan Museum of Art
in Central Park was formally opened
on Tuesday, by President Hayes, in
the presence of Secretaries Evarts
and Ramsey, Baron Blanc, italian
Minister, Peter Cooper, w. w. Aston
and many other celebrities.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03
4 prIor 10 the statute such cruelty was

4. Prior to the statute such cruelty was
ground for divorce meaSa II thOr0.
b. The law does not doom the wife to
such state of continual dread. The
s'habitual cruel and inhuman treatment
marked lin several instances) by personal
Violence" of her husband towards her, en-
titles her to decree to sever the, bond
tint binds her as wife to the husband, who
has so mistreated her.
6. The children should be with their
mother. They need her care and atten-
ton.
Decree reversed and cause remanded for
n decree TO be entered granting divorce
and awarding the custody of the children
to appellant.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03

The Hancock boom is spreading all
over the country. He Is the man
whom all factions Of the Democracy
can unite in the great struggle in
November. No record to explain, and
good one to fight on. Shove the ball
along.-Nicksburg Commercial.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03

The stalwarts seem to be little
unanimoues for the L. S. G. All
right, gentlemen, if you want the
starch taken out of your so-called
hero, why we had just as soon do it
as not. Let him go in and get
Coun1cbp6
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03
notice.!

Col E. D. Eaton, otherwise "Pap,"
having withdrawn from the agency of
THE COMET, this paper now has no
travelling agent who is authorized to
receipt for subscriptions or advertise
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03
you GAN MAKE M0Nc.,

BUY YOUR GROCERIES on rs
Make Money. First because vo 40 AND
Superior article; and Second ~ Sou get a
low as any House in the CITY. Prices as
is complete in every line; were N D stock
the best advantage, and we mean Tnotnght to
our customers the benefit in Price nn 70 give
Stg. wv ""u Qaql.
We mean business. Call and trv
Apr3-1m. S. LEMIY U.s.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03

The Democratic State Convention
of Georgia will meet in Atlanta, on
June 9th. The Convention will nomi-
nate State officers, and at the same
time elect delegates to the Cincinnati
Convention.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03
GEN. Hancock for the People.


Kinds County HaNet!e'
Gen. Hancock is looming up as a
Democratic candidate for the Presi-
dency.. If the people would take say
in the matter, we doubt not he would
be nominated in preference to Tilden,
Seymour or any of the other profess
SIGNALS.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03

We learn with pleasure that our
popular Representative, Capt. Geo.
+. McGebee, has adopted two Of the
orphan children Of the late Gen. J. b.
Hood. WOOdville Republican.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03

THE army appropriation bill, as re-
ported by the Appropriation Commit
tee in Congress, approprates the sum
of 500 ,425, 500.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03

THE thanks of TIE COMET are ten
dared to Hons. C. E. Hooker and Van
H. Manning, members of Congress,
for valued favOrS.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03

THE Green Mountain Senator is
looming up as an anti-third termer,
who is likely to give trouble to Grant,
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03
Judgment affirmed.

ES-paHe
| ii. l.. PHILLIPS.
Appeal from the Judgment of Hon. j. A.
Green, Judge.
The relatOI, who has been tried and con-
victed in the Circuit Court Of AlcOrn
county, Of the crime of manslaughter, and
sentenced to ten years Imprisonment in the
penitentiary, brings this writ Of haBeas
corpus demanding to be discharged and set
at liberty upon the ground that the record
Of his trial, as the same remains on file I'm
said court, is so defective in its failure to
show essential jurisdictional facts as to be
a nulity.
Inge and Chandler for appellant.
II. G. Catchings, Attorney Gene al for
the State.
CHALMERS, j.,
HeId-
1. II the proposition Of the relator i
correct, he il entitled TO be released In
the mode and manner which he has
presented, notwithstanding that clause Of
the statute which declares that the pro-
ceeding by habeas cOrpus shall not be held
to authorize the discharge Of any psrson
suffering Imprisonment under lawful iudO.
ment. Code Of 1871. 1887.
?. By Article :. page 573 Of the Code Of
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03

MULEYssEs GRANT is the style of
the third termers to indicate the stub
borness of their candidate.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03

THE Ice companies in New York
have combined to keep up the price
to upwards of So so per ton.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03

THE piano workmen, in New York,
have resumed work at an advanced
rate of wages.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03
YOU LOSE EVERY TINE

BUY YOUR TEA OF US AMI
will always have good Gun o HrM ~ Y0l
buy at the lowest figures, in this nea AM
make money, don't lose, and way yol
of Tea by buying of '''Joy cup
Apr3. I'm. S. LENIJy Ss
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03
HOLD ONE MIN1,r,,

TELL ME SIR, DID YoUEyrp nm
Of accident Of fatal accident or c Eh Heal
occurring nom use of OIL sold b INV injur
Apr3-lm. s. LEMIYyy
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-04-03
GEORGE, G. j.,

S' c'3
Held-
1. Under the general finding of the Judge
we are bound to sustain the judgment, if
on the whole evidence it appears to be
correct We are bound to presume tina
the Judge decided on the case as made by
the evidence.
9. The case made by the plaintiff was
fatally defective on account of his failure
to introduce the deed to the State, required
by Article 36, page 80 of the Code of 1857,
to be made by the Sheriff to the State.
3. Under the Code of 1871, "A list of the
lands sold to the State by the Sheriff, in
which is embraced the land sold by the
Auditor, is necessary to be introduced as a
foundation for the Auditors right to con-
vey. We see no reason why this rule
should not apply to the deed to the State,
required under the Code of 1857.
4. Under this rule it is unnecessary to
pass upon the sutfiiciency of the defendants
evidence to show payment of the taxes for
the alleged nonpayment of which the lands
are said to have been sold
Judgment affirmed.