davidaulloa/AmericanStories huggingface dataset:
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29

w. j. Moore, whose memorial to
the United States Senate relative to
the Kellogg Case created stir
throughout the country, was arrested
In New Orleans on the 25th by the
United States Marshal on the inlict-
ment of the United States Grand Jury
for false guaging while guager for the
Government.
Moore, 1t will be remembered, was
given the opportunity TO resign, and
II was only on his refusing to DO SO
thar charges were preferred by Inter
nal Revenue Collector Marks. Mob
wiihstanding the charges, however,
Moore's resignation, forwarded to the
at Washington was ac-
cepted. 1t is only since his move
against Kellogg that his alleged of
fences have been considered sufficient-
ly serious to subject him to prosecu-
ton. Care appears to have been taken
to arrest Moore too late in the evening
for him to fl rnish bond.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29

A correspondent of the New 70
Herald says that some years ago Gov
ernor Colquitt, Of Georgia, learned
that Mr.. Jefferson Davis was very
poor and In actual need of funds.
Governor Colquitt consulted Governor
Hampton and others, and fund OF
$1,000 was raised This was sent to
the ex-president, and with il letter,
saying II was raised solely among his
ex-colleagues, and that even II he IT.
turned 1t, IL had been collected IN such
IA way that 1t could not find Its original
owners. Therefore Mr.. Davis was
compelled 10 keep IL, but he wrote
back dignified, earnest letter, saying
this must be the last gift Of tile kind,
aud that there were widows aud or
phans enough In the South who were
IN want, and who needed succor far
more than he did. Mr.. Davis book
is dedicated TO the widows and chill
dren of the Confederate dead.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29

We are sorry to see our highly re-
spected friend, Col. Cooper of THE
| COMET, taking position against rOta-
ton In office. We have longed for an
opportunity to advocate his claims for
some lucrative place, but just as we
had about made up our mind to start
the ball for him, he puts his foot down
on the doctrine which must be main
tanned il he ever gets anything
Scooba Herald.
Our friend of the Herald is assured
that individually we are favombly
inclined to the doctrine OF rotation.
He, therefore, need not abandon his
good intentions in reference to us, and
we hope he will not do it. So far as
We are personally to be affected the
doctrine suits us we believe in it
we consider it sublime doctrine
we are willing to fight for it. But,
this rotatory principle, aside from in
dividual tendencies and desires, may
not always be just the best thing for
the public service. Ii we have a
faithful and efficient servant, it is
not wise 10 be in II hurry 10 discard
him for one who is uutried and with
out experience. An officer who does
his work well and satisfactorily, and
makes himself an effective instrument
in the promotion of the public service
is entitled to the reimbursement OF the
people. He may not II ways ask 1t.
1t may not always be accorded to him.
Nevertheless, he is entitled to it. In
the several departments of our State
government the State has most faith
full and jealous administrators. They
have given their minds to the duties
of their responsible positions, and
have mastered them. They have
proved themselves competent and
trustworthy. They have the advant-
age of a term in valuable expe-
rience, and being men of ripe intel
lect and quickness of comprehension,
it is no disparagement TO other distin-
guished and worthy citizens to say,
that they ought to he better qualified.
Under their admirable administration
and the friendly cooperation of the
Legislature the government has
moved on without break, and the
peoples rights have been protected at
every point. The State debt has been
wiped out, taxes reduced, superb pub
lie institutions endowed, and money
left in the Treasury. Not one of them
should be displaced on light grounds.
And the people are generally 50 well
pleased with their work that we antic-
ipate no exhibition of an eagerness to
GUST them. We say this much in all
Difference to the doctrine of rotation,
and without consulting any of the
present incumbents of the State Of
fees, or without knowing how many
of them desire n denomination.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29
JOHN s. SOwELL,

JOHN s. SOwELL,
VS..
WILLIE MCDONALD
Error to the Circuit Court of Marshal
county, Hon. j. W. c. Watson, Judge.
The facts are stated In the opinion.
FAINT a. FAINT for plaintiff In error.
Watson a. Smith for defendant In error.
GEORGE, j.
Held
Plaintiff In error was sued In trespass for
assault and battery ON defendant In error.
The jury assessed the damages ut 300. A
motion for new trial was Oyerruled. 1t
is insisted that the verdict should be set
aside because the Court rejected evidence
offered by plaintiff in error of his good
character for peace and good order. The
evidence was rightly rejected. The char
acter of the defendant was not involved in
the suit. The character of the parties was
wholly irrelevant, and was therefore mad
missible. There are some EXCEPTIONS to
the general rule excluding evidence of the
character In civil actions, but this Is not
one Of them.
The verdict was well warranted by the
evidence. The defendant in error was an
infant about five years old, and had just
committed u brutal assault ON the plaintiff
in errors child. only eighteen months old,
when plaintiff In error caught and whipped
him severely. There was just provocation,
but no justification for the whipping. The
right to protect his child did not confer on
the plaintiff in error the right to punish the
party who had maltreated 1t.
Judgment affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29
NIaGER-sHooTERs.

a pious aud dignified friend Of ours
insists upon it that "nigger-sLooters I"
are the invention of the Devil. He
wants. them abolished; and he In
vokes THE COMET to bring the full
power Of Its batteries against them.
He had hole shot In his stove-pipe,
and narrowly escaped the loss Of an
eye. Boys, with nigger-shooters, are
violating the law against the carry
ing of concealed weapons. 1t is true
the implement of destruction is not
carried in the hip-pocket, nor is it con-
cealed, but the deadly bullet in it is
concealed. Men do not generally
look upon the nigger-shooter as a
deadly weapon, but men are deceived
about them. A stout and well-built
niger shooter in the hands of skill
full boy can prOpel bullet with veloc-
ity enough to 80 through an elephant.
The law prohibits the use of air-guns
because nobody can tell when they are
loaded or when they are discharged.
The nigger-.hooter has the same'
ineendiary and assassin-like nature
that an air-gun has. The law won't
allow man to have a swoId-cane
without Tux. But u sworJ-cane is an
innocent weapon compared to the vii
famous and devastating nigger-shoot-
er. The nigger-shooter is deadly
weapon-a damnable weapon accord
ing to our friend aforementioned. 1t
ought to be abolished, and If there
is nothing in Campbell's Code to
reach it, then let the Legislature
look out for remedy. The people
need protection and they are entitled
to protection against nigger-shooters.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29
Railroads And T~Iegraphs.

CHICAGO, Jan. 23,-It was developed
to-day that in addition to the move
ment Of n. X. Fairbanks and Others
to build II four wire telegraph line
between New York and Chicago by
way of Detroit, Toledo, Cleveland,
Buffalo. Erie, Rochester, Syracuse and
Albany, including oil the grain points,
for purely commercial uses, another
set Of capitalists, including, Marshall
Field and John b. Young, were organ
izing another telegraph scheme which
was to take In all principal Eastern
cities, with direct lines from Chicago.
Whei the two parties found what was
being done they Immediately formed II
consolidation, the particulars of which
are not yet known. An application
for u charter was sent to Springfield,
and II Is intended to take the necess-
AIRY legal steps In all other states where
the line is to run.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29
SUPREME COURT DECISIONS.
Reported Weekly by JenBx ims Il khOt
well. AttOrneys.at-I.aw
ocroRER TERM. 1850.
ABE JONES,
VS..

r n.. s ; 4;
Error to the Circuit Court, Int Dist, Yal-
lobusha county, Hon. j. w. @. Watson,
Judge.
Plaintiff In error was convicted of the
murder of Jack Fox. The only ques-
tion of interest in the case Is as to the
correctness Of the action of the Circuit
Judge in admitting in evidence for the
prosecution the confession of the prisoner
while in Jail, made to the Sheriff in the
presence of one Watson, n private person,
who advised the prisoner to tell all he knew
about the killing. The Sheriff at the same
time told the prisoner that he need expect
nothing from HIM, if he did tell what he
knew, and that if he did, it must be vol
untary.
u. Slack for plaintiff in error.
L. g. Catchings, Attorney General, for
the State.
GEORGE j.
led
l. Before any confession can be received
IN criminal case, IL must be shown that IL
was voluntary. The courts are not entirely
agreed as to what circumstances will rem
der confession inadmIssable.
2. distinction between inducements
held out by persons in authority, and mere
private persons, seems now to be settled.
1t is said by Greenleaf that ''lf the induce
ments were offered by the prosecutor, or
by his wife, (the prisoner being his serv-
anti or by IN officer having the prisoner
in custody, or indeed by any one having
authority over him, or over the prOsecu-
ton itself, or by u private person in the
presence Of one in authority, the confess
sion will not be voluntary" In this case
it is insisted that, MS the Inducement was
held out by Watson in the presence of the
Sheriff, the confession ought to be exclud-
ed. But it is shown that the sheriff cx-
pressly warned the prisoner that his state
ment must be voluntary, and that he (the
Sheriff) could do nothing for him. This
statement excludes the suppOsition that
the prisoner thought that the officer con-
Cured in the inducements, or gave his
sanction to them.
3. The Circuit Judge held that the con-
fessiOns were voluntary, and his judgment
was well warranted by the circumstances.
Judgment affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29

Walker brings suit against Ivy for one hal
the price of the goods. From the time OF
the sale TO the bringing of suit no demand
was made by Walker for.price OF the goods
nor was any claim made by him to Ivy,
| that he was entitled to receive the hall
price of the goods as his individual right
disconnected from settlement of the
partnership accounts. The jury below
found verdict for Walker and motion for
new trial being overruled, the ease is
brought here for review.
IFant and FAINT for plaintiff In error.
Featherston and Harris for defendant in
error.
GEORGE, j..
Held
We think the learned Judge below erred
in refusing new trial and In the charges
given at the instance Of the plaintiff. 1t IL
well settled rule that no action ut law can
be maintained by one partner against his
associate for money arising out of and con-
nected with the partnership business until
there has been settlement of the partner
ship accounts. This results from the prin-
ciple that partners interest in the part
nership effects, is not his dtiquOt part
thereof or of any particular portion of
them, but is his proper share in fhe balance
or surplus remaining after payment OF
partnership debts and after the settlement
of account between the several partners.
A debt by the firm to one Of its members
is partnership liability and must be paid
like other debts, before u division of the
surplus among the partners and can be en-
forced by Judicial proceedings. The remedy
of the partner to reach this surplus, when
no settlement has taken place, is by Bill in
Equity. This is the general rule but there
is an exception to it which allows one part
ner to sue another ut law for balance
found due by the defendant to the
plaintiff on a partial settlement be-
tween them or for sum which one
partner undertakes to pay to the other mot
to the firm upon transaction between
them concerning property which was once
partnership assets, but have been separated
from the society effects. The inability Of
one partner to sue another at law grows
not out Of the mere relationship, but out of
the subject matter. On a matter clearly
without the partnership affairs and discOn-
nected and separated therefrom, one part
ner can sue the other.-Parsons, p. 2S2.
The transaction here does not come
within this exception. 1t was but II sale
by one Of thsm to the other, who by the
purchase became debtor to the firm and
not to the other partner separately and as an
individual. There is nothing to suggest
that the partners intended to separate the
proceeds Of the sale from the partnership
effects or the firm accounts. There was no
sale Of the separate interest of Walker to
Ivy, and no promise by the latter to pay
him separately the price of the goods. An
the circumstances point to the opposite
conclusion. The sale was OF the WhOte stock
to one partner, who by purchase became
the separate owner, by the transfer, of the
title OF the firm. There was no express
promise to pay for the goods, but the law
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29

LAMAR OK GRANT.-W. III. II. the
Washington correspondent Of the New
Orleans Times sends the following tel
egram to that journal:
To day when Logan called up the
bill to retire Grant, Lamar astonished
everybody by making a careful and
very able speech In favor Of the meas
ure. He said Grant was called from
the command of the army 10 the
presidency, and was not given an
opportunity to go on the retired lit.
He obeyed the call of the people to take
"a higher place, and he (Lamar) was
willing to give him an opportunity to
retire. He saw no political question
or sectional feature in the bill. The
measure could not hurt anything
Southern. Mr.. Lamar said he was
willing to place upon Gen. Grant the
estimate as the greatest general Of the
late revolution. He could not vote
for the bill with it, second section,
tn call Gen. Grant into active service
In case Of emergency, because that
was violative Of the conditions sof re-
tirement. A motion to take up was
defeatedlby a vote II Is ayes 70 y
nays. party vote except Lamsr and
Davis, OF Illinois who voie,i aye. La
mar was listened 10 with the Greatest
interest, as he Always i. and me,y
republicans congratulated Logan on
obtaining % powerful an ally. Tie
Democrats seemed to think Lamar
had sumo deep plan underlying his
speech, aud not knowing what II was,
were proportionstely uneasy.
The object Of the seuator is prob
ably 10 pension of man .vho IL un-
seruPalOus and ambitious enough 10
be dangerous 70 the Republic IN times
Of great excitement, and thusfeet rid
Of the possible chance ofever hsving
the administration 10 fall again into
bis reckless hands.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29

New ORLEANS is not often visited
by first-class snow, and judging from
the following, it is best for its inhabit-
ants that 1t Is so foItunate:
We never knew how many rowdies and
hoodlums there were in town until yester-
dsy.--Democrat.
That quil-driver surely got 4 SNOWFALL
down the back OF his neck.-Item.
Not so, friend Item. This quill
driver did not get SNOWFALL down his
neck or elsewhere. He saw vio-
Ience and rowdyism committed In the
name Of fun. Men were shot and cut,
and others most UNANIMOUSLY abused
and injured. Aud 1t struck him that
the beauty of the snow was somewhat
too dearly bought at the price Of -
much license and excess. We shall
not be glad to see another snow storm
In New Orleans.-Democrat.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29
COMMISSIONERS sALE!!

UNDER a decree of the Chancery Court
In and for the LIST District in Kinds County
Mississippi rendered on the 23rd day OF
September A. ID. 1880 in the case of j. A.
HOskins, ct al. vs.. l.. X. Barber, ct al.
and entered in Minute Book 2, page AL
ct sea-, land since affirmed by the Supreme
Court the undersigned as Sheriff and Com
missioner appointed by said Decree, will on
MONDAY, February eth, 1881,
within the hours prescribed by law at the
Railroad Depot in the town of Terry Kinds
County Mississippi, sell at public auction
to the highest bidder for the one-half cash
and One-half payable in one year from date
Of sale the following property to-wit:
North half of and north half of south
west quarter Of section one Q), and east
half of northeast quarter, and southwest
quarter of Northeast quarter, and east
half of southwest quarter Of northwest
quarter, and south half Of southwest quar-
ter Of northwest quarter, and thirty acres
of of southeast quarter OF northwest
quarter; and south half of section two (2);
and south half, and south half northeast
quarter of section three (3); and east half
Of east half Of section nine (9), and north
half and west half of southwest quarter,
and north half of northeast quarter OF
southwest quarter; and north half OF
northwest quarter of southeast quarter
OF section ten 10) and northwest quarter
OF section ele'en al IN om nsn, 'n,ee
" hanSe one vi. ~, ~ LILLE sif LII
s'ssi "a. ia III oIi W. y, S, 90 ,ha
defendant VIM. Hester MS his homestead
exemption, beginning at the half mile cor
ner on the line between sections and OF
Township No. 3, Range No. l west.
Whence a hickory sixteen inches in diam
etcl, vea.s % uvS. va 10 o. NJ, ~
n,nS uen.o syu "a, g. - mn, ~ a.,
1hans W . q, ~ ~ :.
10 I,nn. NE. % 30. o ,hn 70 ,,s oaid ,o od
,,,,, 90 ~. ~, Ia, 40 ,,hains 20
sou.n, 81 uus. '',h n -, Mn 49,,
S ~ ~, i,, -, .,,', ,;ons s,,,o ma
NC .,". ~ W nv Iii M ahe;,s 30 so',h-
o ",, a 'm az III ,ro,, ,han'.o north ~
g J ,o'm ~, y, ~. =, an a;ns :. sae,iop
,i,s 40 n. sa,,;aaS M anil II thence
lnc ue'meen 81. 'e,,,.N ~ s,a,.,,, 20 Jaa Is
ey ,. ,. 20 90 it, =. ar,,ar an n,,,,li,
nniu; WEST f.o' e"a mn, "" ,c ~ - r.,
i,9a Whence lies, !. p,",n 49, y" .,.a inLa ,h.,ca
u l,.,u ~ pea ,.i,, ea 90 no,.,h ~
M wv" .ne , az usn,,,s ar,s Jog eost
Sex' VS. 81 i;n, hatvecn scctions
9'VI ~ s'V',on ~. ,.,i' 10 ,I,,, cast
o;si en.ih no''" ,I,.s ~ 70 loo n
WI, 's " =, III ",.,.,s ouhl,c road and
MN, Mes' 80 iIiAs . nos5 , u uo w."
SCI as'nhe, anu , y, nu,,as
oo ueS' 10 MN, nest o,1- on' -. ,Ia,,.',
set u staNe anu So",'iseu l'oIi .ue"e W.,
noItn a. U.S. NM, east IT, ~ hoars
rleht II o. cnalhs 10 public Ioaa pea Is
southeast Zoo, enhhs 70 eoineI ~ ~, ~ ,o
stake south os.io, east s.'v, lei. "oiu toso
chains 10 corner on llne petweeh seS.,ons
anu ., wh sI rine ~ inc ios IN ,han"o
tei, south ~ deg, east III ihks' tneb.e
with line between sections ana o nortn
Q deg. !. miu.. east i.ls chains 70 place OF
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29

We learn that those who took part
In an effort TO have the railroad cleo
ton set aside at the last meeting Of
the Board OF Supervisors, have had,
or will have, writ of prohibition
served upon them, forbiddlng further
action as set up, and citing them to
appear at the April term Of Circuit
Court 10 show cause why such order
Of prohibition should not be made
final. The question to come before
the Circuit Court, as we understand
IL, will not be to try the validity Of
the election, but simply one Of juris-
dietion in the Board Of Supervisors to
amend, annual, or otherwise interfere
with Aberdeen Weekly.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29

, In New York City, new raid
against lottery companies has been
begun. The district attorney has given
notice 10 owners of buildings Int they
will be held crimlnally Responsible for
the renting Of any room, building or
premises Ia which lotteries or any
kind Of gambling are permitted The
police Is also instructed to arrest all
persons who are engaged In gaming,
from what Is called pooling down
to faro.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29
Proposed Reorganization In New
York.

New YORK, Jan. 25.-The com
mittee of one hundred ON Democrtic
reorganization met last night and
completed its organization. A sub
committee Of twenty-one on plans Of
organization was formed, and was
authorized to communicate with
Tammany Hall, Irving Hall and the
GERMAN Democratic organizations,
and to request them to appoint COM
mitees of conference to consult rs to
the best methods Of organizing the
party in this city to secure harmony.
Resolutions were adopted recommend
ing the doing away with district com
mittees and holding joint Democratic
primary elections.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29

We are In receipt Of a pamphlet
entitled English Tyranny and Irish
Suffering" written by Avery Merri-
wether, and dedicated To the Irish
Land League of Memphis. The OBJ
ject of Its publication appears to be TO
illustrate England's Inconsistency in
her treatment of Irish subjects In Ire
land as compared with those in Eng
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29
More Cold Weather Ia the Hudson
Valley.

PkGHKEEPsIE, Jan. 25.-Another
cold wave has entered the Hudson
river va ley. This morning the mer-
curry at different points ranged from
II to 10 below zero, and it is rapidly
falling again tonight. Trains have
not run through on the Poughkeepsie,
Hartford and Boston railroad since
lass Friday night, but will get through
Tomorrow. The snow for three miles,
near Boston corners, is as high as the
tops of the cars.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29

AT last Meridian has concluded to
have Fire Department and steam
fire engine. She is beginning to rank
with other cities in the State, and
must needs put on city airs when she
can thus do SO with permanent bene-
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29

The Albany Law Journal has dis
covered the misadventure which was
the main cause Of the late William
Cullen Bryant's quitting the bar. In
an action for SANDER, for saying that
one had burned his own store, he
had neglected to insert the proper In
uendo that Il was done 70 defraud the
insurers. He naturally lost his case,
and % amendments were not then In
vogue, Il was lost irrevocably.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29

The following, from a Carson New
letter, Is paragraph that should
please those who enjoy the candid as
poets Of western life: "On Friday
night, just before the train left for
Virginia, the sight Of a negro bearing
on his back a sixty-pound sack OF coin,
and closely followed by John Altman,
a well-known promoter Of legislative
schemes, caused furry Of excitement
among the riff-raff Of the lobby.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29

PARIS, Jan. 22.-M. Dugue de Ia
Fancionmeres, Bonapartist member OF
the Chamber Of Duputies, published n
letter 10 his constituents announcing
that in view II the success Of the Re
public in all elections since 1877, aud
In consequence OF the death Of Napo-
leon Ill and Of his son, he bows 10
the decision Of universal suffrage and
will hencefortfi support the Republic.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-29
ii. c. MEDFoRD, ct nj. !
VS..
IL. FRAZIER ct nj.

j. l.. FRAZIER ct al.
Appeal from the Chsncery Court Of Lee
county. Hon. l.. Haughton, Chancellor.
The only question decided in this case is
whether 1t is admissible in q bill for parti-
ton to pray for an account for rents against
such of the co-tenants AZ have been In pos
session Of the common property.
II. c. Medford and j. L. Finley for APP
pellants.
J. ID. Williams for appellees.
CHALMERS, CD.
He'd
1. The question presented, though Of
first impression here, Is well settled else
where In the affirmative.
The occupying co-tenant will not be
liable for rents unless 1t be shown that he
has occupied more than his just proper
tionate share of the common estate, and
then only for the rent Of the excess.
Affirmed with sixty days to answer.