davidaulloa/AmericanStories huggingface dataset:
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25
COOPER, J,
HID
BISHOP Bros,
VIM. CURPHEY, EFT AL.

| VIM. CURPHEY, EFT AL.
Appeal from the Chancery Court of Warren
County, Hon. U. NJ. Young, Chancellor.
In August, 1878, James Graut become a
member of the Endowment Rank of Knights
| of Pythias, and had his life insured in that
order for 100000. The policy of insurance
was made payable to Hiram French, trustee.
| French died in 1873 and Grant applied to the
| Secretary of the order to substitute the name
| of VIM. Curphey as trustee on the policy in
| the place OF French, then deceased. While the
! Secretary was in correspondence with the
proper officers of the order with a view of
effecting this. change Grant died, leaving
neither widow, father, mother, brother, sister
or child and supposing that the change had
been made, Grant had executed will direct
ing that after certain specified debts should be
first paid that the balance of fund to be real
ICED from the policy should be paid to Mrs.
King. The appellee was authorized to collect
the policy. He applied for letters and was
duly appointed executor, and collected the
amount due on the policy and paid the debts
mentioned in the will leaving a considerable
balance still! in his hands.
In December, 1880, appellants brought suit
against VIM. Curphey as executor on debt
due by Grant to themselves and recovered judg-
ment, on which execution issued and was re-
turned nutlG bona and they now file this bill
asserting right TO subject the balance of the
fund in the hands of Curphey, assuming that
hands of his personal representative and
hence accrued to his creditors by virtue
of the law. Article 8 of the Constitution for
sections of the Endowment Rank of the
Knights of Pythias provides that the mem
Der had the right 10 appoint beneficiary of
the benefit on his DEATH failing to do which, |
the benefit would 60 on the widows and |
orphans fund of the society, unless he had a
wife, child, father, mother, brother or sister"
Buck & Clark, for appellants.
Simrall & Magruder, contra.
CAMPBELL, c. j.,
Hold
l. We will not be understood to assent to
the proposition that an insurance association
can by any regulation it may adopt, enable
insolvent debtors to invest their means in the
of benefits to others to be held be-
yond the reach of creditors. contrary TO the
laws of this State, but this case does not pre-
sent this question.
z The fund belonged TO the debtor only in
80 far as to give him the right to appoint q
The fund net belonging to the
1ebtor, and he having only the power of ap
oointment with reference to it, his exercise of
his power created no right in creditors.
Without the will creditors cannot reach the
benefit. By it these creditors cannot, because
t devotes it to Others and the will governs
Decree affirmed.
ITO be reporfed
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25
BOILERS FOR SALE.

ONE FORTY HORSE POWER BOILER
" with Chimney and Breeding.
One % Horse power Fire Box Boiler, com
plete, and in good order
One DRVal Portable Engine-15 Horse-pow-
er, in good order. Can be run to show its ca
paeity. H0SKINS & HAMILTON.
sep,27,' S2-3w. Brookhaven Miss.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25
Confederate Bonds.

PEsT PRICE PAID FOR CONFEDERATE
ID Coupon Bonds.
sep.20sf 82-4w. GREEN'S BANK.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25
SUPREME COURT DECISIONS.
OCTOBER TERM. 1asa.
Reported Weekly for the Clarion By Robert
shotwelI, AttOrney-at-Law.
Rowan MILLER,
Rrrnrra e RnIrru

1 v
/ PEEPLEs & BRAxUM
This is is an application to file and dOcke
this case, The Clerk Of this Court having de
clined 10 file the paper presented as the record
they are now submitted to the Court By eoun
sci for appellant as constituting a sufieien
record under Rule Four of the Court, which i!
as follows: By agreement of parties o.
their attorneys, made in writing and attesteC
by the Clerk of the Court, in which any Gauss
may be pending or record existing (which
agreement shall be fled and made part o.
the transcript Of such record such parts Of
the record and proceedings as shall be Sc
agreed shall constitute the transcript Of the
record to be brought to this Court and shall
be certified as such and be considered full
transcripts in this Court for the considera
ton and final adjudication Of the cause here
The record presented contains what purports
to be copies OF papers, proceedings, judgments
and orders of the lower court, together with a
bill of exceptions containing Ill the testimony
offered on the trial. Attached to this is an
agreement of counsel that the same shall be
fled in this Court "and treated as a full and
perfect transcript of the record In this case,
appellee's waving citation and petition for
appeal and all like formalities and hereby
entering their appearance in said case The
authorization OF this proposed record con-
sists of a certificate by the clerk under the
seal of the court, which is as follows
Personally appeared L. Brame and J. B.
Harris, counsel for plaintiff and defendants
respectfully in the above entitled cause lately
pending in the Circuit Court of the first Dis
triet of Kinds county, and acknowledged the
execution of the foregoing agreement as to
the transcript of the record on appeal in said
cause, and do hereby attest and authenticate
the same"
COOPER, J,
He'd
The object OF Rule Four is to prevent unnee-
essary cost and labor IN preparing record
for this Court by relieving the appellant,
with consent of the appellee, from the neces-
sity of preparing a full transcript when the
point to be considered here may be presented
and determined by consideration Of part
1DIy of the record as it remains in the lower
court. 1t is however, still required that the |
transcript shall be of part at least Of a rec |
2rd remaining in the lower court and certi-
led as such by the clerk of the court in which
t remains II is not sufficient that the par
les or their counsel shall agree that certain
papers shall be considered aDd treated a
'ecord. 1t is necessary for the clerk Ct the
over court to certify that the transcript as far
IS it goes, is atranscript of the record remain
ng in his office. The agreement of counsel
an neither create a ord nor take the place
# the authorization by the proper officer. 1t
an only serve a sufficient explanation Of
he omission of some part of the record
lotion denied
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25

l,-0l Priaes, American Gold to.... So 40
The ROYAL HAVANA OFFICIAL LIST DE-
CIpEs EVERY PRIZE.
Subject to no manipulation, not controlled
ny the parties in interest, honestly managed,
1t is the fairest, squarest and best thingintb,
nature OF lottery that could be conceived.
See that the name Gould 4 Co. is on IN
ticket. None other are genuine.
ALL PRIZES PAID ON PRESERVATION.
For Information and Tickets, apply to
SHIPSEY COMPANY, GENEE Al AoENrs
1912 Broadway, New York City.
Or Is +. Randolph Street Chicago. III. or
JNO. b. FERNANDEZ,
luiy-ao--ly S4vagnah, Ga.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25

1900 Bushels Pure Rust Proof Oats, raised
on Locust Grove Plantation.
At A. VnDEN's.
Oct. T. 's2-tf
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25

Nh. MARcELLus GREEN has moved his Law
ONCE To the Offices hereafter to be occupied BY
Judge Calhoon and himself on Capitol street,
first door west Of Seutter's corner, up stairs.
Sent u. 3d.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25
NO. 9O7
NAIL LETTINGS.
Notice to Contractors.
POST OFFICE DEPARTMENT,

POST OFFICE DEPARTMENT,
WASHINGTON, D. G, oot. 10th 1882.
PnoPosALs viii be received at the Contract
Office of this Department until P NJ. of Jan.
uary 6, 1883, for carrying the mails of the
United States upon the routes, and according
to the schedule of arrival aud departure spec
flied by the Department, in the State of Mis-
sissippi, from July l, 1888, to June 80, 1884
Lists Of routes, with schedules of arrivals and
departures, instructions to bidders, with forms
for contracts and bonds, and all ether necessa-
ry information will be furnished upon appli-
cation to the Second Assistant Postmaster
General
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25
MY LIQUOR

HAS ALWAYS COMMANDED THE COM
IL mendation of the most fastidious con-
nojsseurs for its purity. healthfulness and
delicacy, in which qualities | am justified in
saying that it has never been exceued. BY
the slowness of fermentation the generation
of fusil oil is almost entirely obviated. and by
the perfect manner Of distillation all delete
rioas substances are eliminated from the spir-
1t. 1t is especially recommended from its
purity and whOlesOmeness for medicinal pur-
poses.
l. W. HARPER, Distiller, Nelson Co., KY.
SOLE AGENTS
H. MULLER & son.
teb,3, SLY. JACKSON, Miss.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25
q. Q. FAIRMAN.
AttOrRey-at.LaR, Jackson, Mississippi,

WILL PRACTICE IN THE SUPREME,
wv FEDERAL AND OTHER CoURTs, CoLLEcF
CLAIMS, attend to purchase Of STATE Oh USI-
TED SrArEs LANDS, HOMESTEAD ENTRIES, ETC.
~ OFFICE IN Nuns IRox FRoSr BUILD-
INC, KEAR CLARION 0FIIsE.
ian.6 iS2-daw.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25
Vieksburg and Meridian Railroad.

GoISG EAsT-Passenger, arrives 1908, p. m.
leaves 1920 p. m; Wy Freight, arrives s. 50
am; leaves $40 am; Through Freight
arrives 400 a. m- leaves 430 p. pm.
GoIyG WEsT-Mail arrives 3;20, q. m, leaves
34Da. w: Expftss leaves $40 a. m: arrives
from Vlcksburg 500 p. M Way Freight,
arrives 5:45 p. m, leaves els; Through
Freight, els a. m; leaves $50 q. m.
JOHN SCOTT, Gen. Manager.
e. F. RAwoRTH. Superintendent
Jxo. ". CLIyGAE, Local Agent
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25

Attention, Circuit Clerks!
0RDERa for Registration and Poll Books
" promptly filed BY
PoVnR 4 BAnKsDALn jackson, Miss.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25

There, join hands, brave Americans All.
By uniting ws stand. By dividing We fall.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25
ITO be reported.
The Mutual Fire Insurance" CUES
ton.

[NoTE.-This communication is repub.
lished to correct some serious typographical
errors, and to enable the author to make
some additional comments
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25

Fratting. tossing. wakefnl children re-
l;eyed bv DR.. MoFFETT's TEETHINA Teeth
no Poscaersl.-For sale By Byron Lemly.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25
DAY BOARDING.

Mrs. JOSEPHINE HARRINGTON will &C
VI commodate limited plumber with Day
Boarding. Her residence is pleasantly situa-
ted in the central part of the town, near the
Street Cars, and convenient to business in
either division. G8-Terms Reasonable
juIyI9, '82-tf
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25

These MILLS will grind faster and better
than any other of the same diameter Of stone
ever offered to the public. We make eight
sizes from Is inch up to SO inches, either Pull
ley or Cleared Mill, and either COunter-shaft or
with Mortise (Noiscless) Gearing.
The COLEMAN CORN MILL has success
fully stood the test Of over 80 years practical.
use, aad stands pre-eminent to-day in the mill
ing art.
We have made many valuable improvement
and recent convenience, including our Center
lift attachment Iron Bridgerec, etc, and in.
vite the closest scrutiny and criticism TO the
character of our work and the materials used
in their contraction.
COLEMAN'S CORN MILLS have solid
French Burr Stones, are made entirely by "a
at our Foundry, Factory and Machine Works
here in New Orleans, and n full line OF all
sizes are kept constantly on hand ready for
INN ediate shipment.
Write for circulars and prices, and address
H. DUDLEY COLEMAN a. BRO,
Manufacturers Of
Corn Mills, Saw Mills, Steam Engines, Cotton
Presses, Shaftug, Pullcys, and dealers ia
Plantation Machinery
OFFICE Eol2 Union Street WARERooWs
No. Perdilo St. No. 10 Union ST: No. -
Commerce st., and No, a Carondelet 81.
Factory AND FOUNDRY, ERAro ST., FROM
MAGNoLTA TO CLARA SIS, NEW ORLEANS, La.
We carry in Stock here ready FOR shipment,
the largest Stock OF Engines and Boilers iu the
South.
We wan responsible Agents to solicit orders
on commission for our goods where we are not
represented.
juiy2G, 'S2-3m.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25
victor Cane Mills

Cook Eyaporators.
Boss Cotton Press,
Hydraulic Cotton Press,
Carver Cotton Gin,
Windship Cotton Gin,
Brown Cotton Gin,
Clarke's Seed Cotton Cleaner,
One car Texas Rust-proof Red Oats
BRoUoHER BRewEE.
sept.ls, 's2-4w.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25

RoBr. FLoURNEY writes: Il can with
confidence recommend Dr. MoFFETT
as the best and surest Hedscsne l
ever used for Teethiag chitdreR and the
Bowel disorders Of our Southern country.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-10-25
R1TLROAD TIMETABLE.
CORRECTED TO AUGUST 20, 1882.

CORRECTED TO AUGUST 90 1882.
chicago. St. Louis aud New Orleans Railroad.
TRAINS GOING NORTH:
No. 2-Express, Arrives 400-leaves 4g5 P. m.
Mail. arrives l235-leaves 1240 a. N.
8-W'y Frt, arrives 8.30-leaVes SOD P. m.
GOING SOUTH.
No. 1-Express. arrives 1G:2O-leaves 1925 m.
:. 3-MaiI, arrives 325-leaves $50 a. m.
" wy Fr'r, arrives 5:05-leaves 5:35 a. m.
c. T. RuDD, Agent.
" P. McKIyLEY, Div. Sup't.
{. II. SHEAFE, Gen. Sup't.
J. ". COLEMAN, A. g. P. Ag't.
J. c. CLARKE, Gen. Manager.
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1882-02-14
TRUSTEES SALE.

Whereas, Wm.J. McCausland and Sallis
McCausland his wife, by their certain deed
of trust, dated November IA, 1870, and re-
corded in the recorders Office for Benton
county, in the state of Missouri, in deed
book @, pages ninety-f and ninety-6ve,
conveyed to James NJ. Byler, a. trustees, all
the following described real estate, to-Wit:
The north half of the southeast quarter Fl
section twenty-one (21) and the east half a
nineteen and one-tenth (19 1-10) acres a
of the southwest quarter of the northwest
quarter of section twenty (20) all in town
ship forty-three (43) and range twenty
three (23) in Benton county Missouri, which
conveyance was made in trust to secure tho
payment of note therein described and
whereas, default has been made in the pay
ment of said note and the interest thereon {;
Now, therefore, the undersigned trustee
will, at the request of the legal owner of
said debt, and by virtue Of the power con-
ferred upon him by said deed of trust and
in accordance with the special terms there
of, sell the above described real estate, ct
the court house door in the county of Pet
tbs, in the state of Missouri, for cash in
hand, at public auction, ON
MONDAY, THETWENTIETH DAYOF
FEBRUARY, A. d., 1882
between the hours of 9 o'clock in the fore
noon and o'clock in the afternoon Of tina
day, to satisfy said debt and the costs Of
executing this trust.
l2-2Ow9t JAMES M. BYLER, Trustee.
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1882-02-14
ALA WEEKLY BAZOO, TUESDAY, FEBRUARY IA, 1882

Tenderness young men avoid. 1t
brings in its train assiduity, carriage
hire, theater tickets, flowers, gloves.
matrimony, and all sorts of dreadful
things"
"Do you call matrimony dreadful
thing?" said Sibylla soIemnly.
Heavens, no /! my child" said L,
testify; .but they do-the young
men-don't you understand ?"
She looked as if she didn't but l
went on nevertheless
"In the third place, young men rath-
er cultivate married ladies, because as
a rule they are hostesses. They give
dinners, kettle drums, balls ct tou ca.
They are valuable from a practical
point of view."
"YOu make young men out to be
selfish, odious creatures" cried Sibylla
holly.
"True," said 1. reAectively; "but
they must be better than the girls, or
the dear little things would not look
up to and fall in love with them.
However, to resume. In the fourth
place, young men affect the society of
married ladies because they think it
is superior to do SO, and the average
young man is conceited puppy. A
man doesn't begin to nave good sense
until he is forty. In the fifth place,
/ think they affect married ladies be-
cause they really do like them"
"Why you put that last of all ?"
said Sibylla.
eyes, my dear" said /, "but 30 do
the young men,"
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1882-02-14
THAT INVESTIGATION.
Some Additional Particulars
Regarding the Contingent
Fund
As. Furnished by Ex- Custodian
Pitney, of the Treasury
Department.
Honest Old John" Sherman
Placed in a Rather Unen-
viable Light.

Washington, ID. c., Feb. 9.-Ex.
Custodian Pitney, of the treasury,
has revived interest in the contingent
fund investigation by adding some.
thing to his former testimony. Pitney
asked to be recalled, and when he ap.
peared he stated that he had been
Informed that Upton and Hamphere
had contradicted his testimony with
regard to the employees of the treasury
having done work for Sec'y Sherman
for which they were paid out of the
contingent fund. He asked that the
portion of the testimony of Upton and
Hamphere referring to his evidence be
read to him. This was done, and il
showed that Pitney had been correctly
informed. Upton and Hamphere had
contradicted him, and had testified
positively that no employee Of the
treasury kad Deen paid out of the
contingent fund for work done fol
Sherman.
Pitney then re-affrmed his testimony
that they had done such work and had
been paid for it out of that fund, and
said he was prepared to prove il
also to prove that Secretary Sherman
and Mrs. Sherman knew that this
work was so paid for.
Gen. Hale sprang to his feet, and.
with some show of Indignation, said
"HGw dare you charge that Mrs.
Sherman knew this?"
"Pitney replied: Because / re-
ceived notes from her, asking me to
send men to do certain work on differ.
ent occasions. l have the notes here
now"
He then produced certain notes,
proved to have been written by Mrs.
Sherman, and requesting that work
men be sent to the secretary's assist.
ance. Pitney added that he had re.
ceived notes of the same kind from
Secretary Sherman and also produced
them. Pitney then entered into de.
tails with regard to this work and
maintained that he could prove by the
books and records of the treasury that
the work was paid for out of the con-
tingent fund.
The committee finally decided to
call Upton and Hamphere and con-
front them with Pitney /; also to have
the books and records of the contin-
gent expenditures presented for ex.
animation.
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1882-02-14
Oh, What q CouRhl

Will you heed the warning? The signal
perhaps of the sure approach of tina,
most terrible disease, consumption. Ash
yourselves if you can afford, for the sake
OF saving 80 cents. to run the risk and dc
nothing for it. We know from experience
tina; Shiloh's Cure will cure your cough
1t never fails. This explains why more
than a million bottles were sold the pas
year. 1t relieves Group and whoopins
cough at once. Mothers, do not be with
out it. For lame back, side or chest, u.s.
Shiloh's porous plaster. Sold by al
druggists.
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1882-02-14
ORDER OF PUBLICATION.

STATE OF MISSOURI
COUNTY OF PBTrIs-
In the Circuit Court of Pettis County, January
Term, 1882 G.. A. Eckerly and Paul Wack, con-
prising the firm Of Eckerly Bros. Co., PLAINTIFF,
VS. l.. A. Bitiinser and Charles Bittinger, deienA
ants.
Now, at this day comes the plaintiffs herein, By
their attorney, and file their petition and affidavit.
alleging, among other things, that defendants L. L.
Bittnger and Charles Bittnger are non resdents of
the state of Missouri. Whereupon il serdered BY
the court that said defendants be notified by pub-
Hcation that plaintiffs have commenced . suit
against them in this court, the object and general
nature Of which ID to enforce attachnent levied
against their property and unless the said defend
ants, L. A. Bittinger and Charles Bittnger, b and
appear st this court, 1t the next term thereof, -
be begun and holden At the court house, In the
CITY Of Sedalia, in said county the first Monday
of May next, and or before the dxth day Of
said term, if the term shall % long continue, and
il not, then before the last day q said term.
answer plead to the petition in said cause, the
same will be taken confessed and judgment
will be rendered accordingly. And II n further
ordered, that . copy hereof b published, accord
ing to Law, in the Sedalia Weekly Bazoo, . neVspa-
per printed and published in Sedalia, Pettis county.
Missouri for four weeks excessively, the last in
sertiOn whereof shall be Ut least four weeks before
the commencement Of the said May term Of this
court.
Attest:
B. b. INGRAM, Circuit Clerk.
NJ ArHY, d. C.
A true copy from the record.
Henry C. Sinnet, PLAINTIFF attorney.
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1882-02-14
Fond of Married Women,

San Francisco Argonaut.
"What is the reason" said SibyIla
to me the other day, "what is the
reason that young men are so fond OF
the society of married ladies ri
Sibylla is young lady who is q
sort of bet of my wife's. She is of
mine, too, to speak the truth, but 1
always adopt tone of gentle depre.
citation in speaking of her to Guiana.
| find this adds to the warm tn of
Zulana's friendship.
my dear Sibylla," said / q always
do the heavy paternal to. young girls.
| am very fond of their society, and
they are more confding, ! find, when
you adopt that tone). my dear 81.
bylla, your question is a very simple
one, but the answer to it is complex.
There are many ramifcations to it.
Sibylla opened her eyes widely.
Had she been ugly; would have said
she stared. But Sibylla has very
pretty brown eyes, and it was not
q stare.
"You see,"I went on, married Ia
dies know a great deal more than do
young girls. l mean, than young
girls are supposed to know. Conver-
sation with them, therefore, is not 80
hedged in and hampered as it is with
demoiselles.
Sibylla looked Mortified.
"Do not misunderstood me-" said 1
"honni soft, etc. You will
understand me, when you marry.
Possess your soul in patience until
then. In the second place, a young
man may be the intimate friend of
married lady, dance with her, talk
with her, etc., without any fear of
Its degenerating into tenderness.