davidaulloa/AmericanStories huggingface dataset:
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30
SUPREME COURT REPORTS.
April Term, 1882.
REPORTED WEEKLY by RoBr. suorwELL.
L. L. FAIRCHILD, /
VS..
NO. IN. Z. r. Il.

L. H. AlhChlbn,
N.O.&N. ERR.
From the Circuit Court of Lauderdale
county, Hon. S. II. Terral, Judge.
The appellee was engaged in the erec-
tion of a telephone line along its right
of way, the work being under the super
vision of its agent Thompson who was
charged with the duty Of procuring the
necessary poles which he was directed by
the superintendent to get from the ap-
pellee's right of way. The laboreB en-
ployed, negligently or wilfully, cut GER
tain trees from the land of the appellant
which were used as poles for the tele-
phone line, and this suit is brought to
recover the statutory penalty for such
cutting. The testimony is conflicting
as to the instructions given by Thomp-
son to the laborers in reference to the
locality from which the poles were to be
obtained; he testifying that he explic-
lily instructed them to confine them
selves to the right of way, which was
clearly defined, while it was testified by
witness for the plaintiff that his in
HbTuCllDHS WGIV W SCb thVii liOhA IliV
right of way, if they were to be had
there, and if not to obtain them from
adjacent land. A judgment was rem
dered by the Judge below, jury being
waived in favor of the defendant.
Dial & Witherspoon, and J.W. Fewell
for the appellant.
w. P. & J. b. Harris, contra.
COOPER, J.
| Held
We must assume that the testimony
of the witness Thompson is true. The
laborers employed by Thompson being
authorized by the character of their
employment to exercise no discretion or
! judgment as the representative of the cor
poration, but simply charged with the
physical labor necessary to the execu-
tion of the instructions of their supe-
rior, trespasses committed by them out
side the scope Of their instructions, i'm
poses no liability upon the corporation
| therefor Affirmed.
To be reported.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30
LOEB
9. ST. l.. & N. 0. r. r.

u ~ 10 ~ y y " -
From the Circuit Court of Madison
county, Hon. S. s. Calhoon, Judge.
Ras Elder gave deed Of trust on a
mule to secure a note due Isidor Gross,
Loeb being the trustee in said deed of
trust. The deed Of trust was duly re-
corded. The note was not paid at ma
turity and still remains unpaid. The
mule continued in the possession Of Ras
Elder, after condition broken in the
trust deed, and while the animal was
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30

COLUMBUS DISPATCH: Capt. james
Kincannon, of Lee county, is an an
nounced candidate for the. Legislature
No man Of that county is more capable
Of faithfully serving the people.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30
SUPREME COURT DECISIONS.
REPORTED WEEKLY By c. c. CAMPBELL.
Monday, May q, 1888.

The following cases were ARrmed:
S924-Nimrod Harris assignee, VS. b. p.
Crane ct al.
4ll6--John Branch VS. The State.
4260--Jaeob Loeb, Trustee, VS.. c. st. l..
an. 0. II. r. Go.
4296-L. +. Fairchild vs.. n. o. & n. Z.
r. Il. Co.
4S21---J. d. Magruder ct al, vs.. VIM, +.
Magruder ct al,
4S23--Louisa j. Talon ct al, vs. Wiley
T. Brannon, admir-
4336--George Holland vs.. The State
4344--John 0Conner ct al, VS.. c. Y.
Gordon.
The following cases were Rcrerse9 and
RemdRded:
40ll--Ira, c. Hale VS.. JEFF Il. Bozeman.
4196-Alex. Alexander VS.. The State.
1920. S. Knight VS.. The State.
4330--S. IL. Pounds VS.. The State.
1882 Rebecca J. Sims ct al, VS.. John j,
Russum.
4Sl4-Denio ct al, VS.. The State. Re-
versed and action dismissed as
to sureties-atiirmed as to De
nio.
4l4l--Mary +. Power VS.. II. C. Telford
ct al. Motion to tax cost
against obligors in the replevn
bond overruled.
Monday, May 2S, 1883.
The following cases were 1Grmed
1850. NJ, L,evertte vs.. The State.
4284-J, P. Norfeet ct al, VS.. Bell j. M.
Williams.
4340--J. I. Fletcher Va. II. t. Trewalla.
4343--J. s. Brewer vs.. II. Il, Wagner.
4346-H. Murphy ct al, VS.. b. NJ. Terrell
& Son.
4249-O. Pollard & Co., vs.. Mobile Saw
ing's Bank.
4335--R. J. Shotwell VS.. Peter Starke.
Reversed and Remanded.
4337-Wm. J. Bates vs.. Sallie Aven. Re
versed and judgment here for
appellant.
4347-Ex parte, Chas. Lehman. Re
versed and relator discharged.
43S0-Allen West & Bush VS.. Tursten-
helm and Wexford. Remanded
to docket and continued for no
tice to Co.'S defendants.
4357--Ex parte, james Burn appeal dis
missed.
Court will probably adjourn without
day" on Monday next.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30

APARTY which let's go the anchor
that holds it to principle, and puts its
trust in "expediency," is liable to be
shipwrecked
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30

. COTTON seed oil mill is soon to be
Ie,ed at Lexington, Mississippi, by Mr..
| b Gwin, the prominent lawyer of
b place.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30

CRYSTAL SPRrNGs METEOR: The
Diah county Democratic Convention
'alled for the 10Th of July; the beat
Eyentions, for the 14th of the same
a.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30
RANSOM J

RANsoMl
v.
DUFF.
From the Circuit Court of Carroll coun-
ty.
Section 1855 Of the Code of 1880 de-
clares that no property shall be exempt
from execution where the process is for
rent" The court below ruled that this
provision applied only where exempt
property was seized under process tech
nically appropriate for the collection Of
rent, to-wit: an attachment or distress
for rent, and that the property would be-
exempt ii seized under H. fa. upon a
judgment IN pers0Rdm, though the iudg-
ment had been recovered for rent due
and unpaid.
Mclean & Liddell for the appellant.
No counsel, contra.
CHALMERS, j.,
Held
The object and effect OF section 1855
Of the Code OF 1880, was to abolish all
exemptions against demands for rent,
and tins consequence follows regardless
Of the legal process adopted for the coll
lection of such demands. The test of
exemption or non-exemption is not the
form of the action pursued, but the con-
sideration OF the debt due. Reversed
and remanded.
(To be reported-)
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30

AscAGoULA DEMoCRAT-STAR: Col.
! es b. McRae is announced in this
L as candidate for the Legislature
b this county, subject to the action
The Democratic party, and wants
y Democrat in the county to vote
him. Col. MeRae served in the last
kslature with ability, and made
representative, and should he be
|rned will serve his constituents faith
and well. So far he has no opposi-
and it seems that he will have a
k-over.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30

as suit of Israel Weinstein against
Pennsylvania Railroad for $4,000
The loss Of a leg at Altoona resulted
ayor of the company, the plaintiff
inc travelled on a free pass.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30
N. 0. Cotton Market.

Ordinary 81, Middling 1OI, Fair 1ls.
Sales on Monday, 24O0 bales. Market
easy.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30

\ showed here all day yesterday and
mite cold here to-day, no killing frost
though we are likely to have it to-
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30

A SUBSCRIBER at Dayton, Ohio, on the
Of May, wrote:
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30

thus IN his possession il was killed by
the cars on appellees railroad. The rail-
road company paid the value of the
mule to Ras Elder, who, being insolyent
and failing to pay it over to Loeb or
Elder, and this suit is instituted, by
Loeb, trustee, TO recover the value Of
the mule from the railroad. The rail-
road company had no actual knowledge
OF the existence of the trust deed below.
The case was submitted 10 the Judge ON
an agreed state of facts, and he found
for the defendant. The plaintiff ap-
pealed.
II. c. Smith for the appellant.
W. 7. & J, b. Harris, contra.
CHALMERS, J.
He'd
|, Our registry laws are intended only
torthe protection of purchasers and cred
ltors, and in no manner affect the rights
or liabilities of tort-feasers.
3 The MORTGAGE in this case had the
possession of the mortgaged property,
but left the actual possession with the
mortgagor, who by reason of that pos
session could have compelled payment
from the railroad company. The COM
pany had the right to do that, which by
law, it might have been compelled to do,
and having, without fraud or collision,
paid in full the mortgagor (who in this
case may be regarded as the baileO Of
the mortgagee) without actual knowl-
edge of the latters rights, cannot be
taxed for the same injury, Affirmed.
(To be reported,)
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30
.lTEtDN.
VARD

|ormation ~,
ND stands fas
|ofGrandia
The ofens
|0WRY Gs's
reward Ml
|co. ffORlu.sI,l
|m reward hI|
reoger rqs|
| in their exit
nd. ,..,at
! Great ssnsI
s.fthis isth@'
BEBTI0FI
| u staN
|chcs hisht v.
III, fair csgI,.
II With sin.slas4|
on hsnrA
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30
JOttlngs of a Trip to Virginia.
SrAUSroS, Va Nav 2l. 1885.

oIAUNtoN, VA May u, 1855.
DEAR CLARION A few notes of a trip
to this part Of the Old Dominion may posi-.
bly, interest your readers; but it has been
SO long since | INDUCED in newspaper cor.
respondenee, feel somewhat rusty in
the business.
A telegram causing my hurried departure
from Jackson oil Thursday night 18th, l
took the
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30
ississippi Goods for Mexico.

ecent number of the Handsboro,
Advertiser contains the follow
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30

T.
/:
tssa ifaa
|,at ipebs r
searSul
Isss. from d.
fspt ~ "
scaT psa,rn.
lseIit toot,mN
fnat g,
/ M h
|, fsss. it6rtN
|,s92 beislaI
evss blVgA
|u;si,sarnl
|slsolnslaa,e eos6.s.sI
|okSsSs ,ses ls,'. issN
| y dlsss 1.sigga
| x St,a,ssss VI
|s,..s,r.a,, s,,'sl
E,,esOGIsosi.Rs Viii
rs sit On te4A1I
,,olldngly' ,,,.tl
\, iSoo.o oSsasadll
| |e Is.s.s'a
|wni. naa .,..l
|v'"sl M
On fGssaass, NJ
|leM haiA Nj
1. ,sg
Ri y y. Ms3
|y--aags. s.sSssT3
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30

f. Power VS.. II. C. Telford
ct al Motion to tax cost
against obligors in the replevin
bond oYerruled.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30

ct al, VS.. The State. Re
versed and action dismissed as
to sureties-atfirmed as to De
Mo.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-30

ting, Ill
the Prour X
ihsd %
,..S~. -
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-08
Superior Court-General Term.

Room No Hon. Napoleon b. Taylor. Judge
Edward W. Sheriff. VS.. John Wright: suit to
quiet title Motion for a change of venue sus-
tanned and case sent to Hendricks Circuit Court
F. A. W. Davis ct. al, vs. Andrew Fisher eu al.
replevin suit On trial by court.
Room No. 2-Hon. Daniel W. Howe. Judge
A. b. WhIpple vs. John Colwell; suit on note.
Judgment against defendant for S57
Most Of the day was consumed in oral argu-
ment.
Room No. 3-Hon. Lewis G. Walker, Judge.
Lucy WIdner VS.. I. II. Il /. Railroad Company;
suit for damages. Dismissed.
Christian Ritter vs. 4. F. Norwood suit on ac
CONT. Judgment for S175.
Frank Girton VS.. John j. Smith; suit on ae-
count Judgment for $l.75,
L. l. Moser VS.. George w. Calvin; suit on ac-
count Judgment for sos.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-08
Borrowing Tools.

Correspondence Country Gentleman.
Dr. Franklin once said with good deal of
truth that "he who goes borrowing goes a
sorrowing" but | have found by experience
that "he who goes a lending has annoyance
intending" ALI my nearer neighbors who
lived in village once borrowed my square
harrow to work their gardens, until one day
/ found that six teeth were gone. l then
told them that | would continue to lend it
on condition that every borrower should re-
place one tooth till all were restored. Some
got mad, others went away and said nothing
and only one agreed to the terms. But the
worst case of the above mentioned annoy
ance," was described at late meeting of the
he bought a moving machine many
years ago, but before he hitched
the horses to it borrower came. He
took it, and it went from place to place until
half its value was lost-in fact, Mr.. Arm
strong said he sold it for just half its first
cost, without having used it single time
and made good bargain. In some neighbor-
hoods this evil is much worse than in Others,
and neighbors think they have the first right
to a tool, and the owner the second chance.
Some never bring the things home, and often
a whole neighborhood is searched to know
who has it. The only thanks which the owner
sometimes gets is in the shape of a rebuke
for lending a tool which has some defect
about it, and for which he ought to get it
mended and pay for the work-ready to lend
again. l could tell a great many more such
cases. Now, is it not the duty of every good
farmer to use all the influence he can to
break up this wretched custom. / offer no
other suggestions; each one must decide on
the best way to do it.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-08

dozen in a box. and are about four by five
inches in size. They are perfectly dry, and
will keep for a long time. For use it is only
necessary to dip one in dish of water for a
minute and then apply it.
Common baking soda is the best OF all
remedies in cases of scalds and burns. 1t may
be used on the surface of the burned place,
either dry or wet. When applied promptly
the sense of relief is magical. 1t
seems to withdraw the heat,
and with it the pain, and the healing
process soon commences 1t is the best APP
plication for eruptions caused by poisonous
ivy and other poisonous plants, as also for
bites and stings of insects. Owing to colds,
over fatigue, anxiety and various other
causes, the urine is often scanty, highly col
ored, and more or less loaded with phos-
pilates, which settle to the bottom of the ves-
sci on cooling. As much soda as can be dip
ped up with ten cent piece, dissolved in
half glass of cold water ana drank every
three hours will soon remedy the trouble
and cause relief to the oppression that al
ways exists from interruption of the natural
flow of urine. This treatment should not be
continued more than twenty-four hours We
have no more space to cevote to this subject
now, but it is one of universal interest and
we shall continue it. We shall endeavor to
show that most of the diseases and accidents
that are constantly occurring coulC ~ rF11e-
died or avoided by resorting to such RENE
dies and appliances as are to be found in
every home.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-08
Local Notes.

The payrolls of the Wabash road proper show
that there are 3.765 men employed in train ser
vice alone, 753 of whom are engineers.
The Louisville, New Albany & Chicago COM
pany is testing two of their passenger en-
gines a sparkarrester and smoke-consumer pat
emit
surveying corps is running line from Bra
I'll south to Washington, on the Ohio &Mississip-
pi road. 1t is limited that the McKeen syndicate
are behind the project.
A special meeting of the members Of the In
dianapons division Of the Yard Masters Mutual
Benefit Association has been called for Saturday
evening. The treasury is empty and some means
are To be devised to replenish it.
The roadbed and equipments of the T. n. & L.
condition, and the work of lengthening side
tracks and building neat cosy depots at stations
on the line is now to be commenced.
1t is stated that the Bee Line will extend the
Terre Haute a. Southeastern road to Bloomfield
without delay, and proposes TO put on solid
trains each way between Bloomfield and Indian
apnlis via Terre Haute soon as the road Is In
good running order.
General Manager Thomas, Of the Bee Line sys-
TEN, states that the engines that have been built
at the oompany's shops in Cleveland and at
Brightweod are performing more satisfactorily
and consuming less fuel than does their Grant,
Brooks. or any other make of engines in use on
the road, the test being on the same mileage and
tonnage hauled.
A very fine passenger engine, No. 106, built at
the Indianapolis e. ST. Louis shops at Nation,
hauled freight train over yesterday to climber
1t mp" This engine, which was built to haul
their heavy express trains. weighs forty tons
without the tender, hasa 17la by "a inch eylin
der, driving wheels feet 8ia inches, straight
smoke stack, extension boiler, and is a model
engine In every respect.
Work on the extension northward of the T. H.
& l.. division of the Vandalia is to he resumed at
once in earnest Chief Engineer Fitch expects
trains to he running through from LogaBsport
to Lake Maxinkuckee by the LIST OF July. The
grating on the first twenty miles out of Logans-
port Is now practically done, and there is lit
tie heavy work beyond, except one bridge 300
feet long over Tippecanoe river. The contract
for this has been made with the MassillOn, o.,
WORKS.
The Cairo Vincennes road has been ele
plant on the hands of the Wabash people ever
since Jay Gould scooped IL in. Failure Of crops
on the line and floods have seriously eut down
its earnings, and in the late food this division
of their sy stem came in for full share of dam
ages. Two miles of track near Evansville were
washed away, while trestlewOrKs are gone and
the roadbed badly injured. Wabash trains
using the Ohio & Mississippi track TO go into
ViuCouueg.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-08
Seed Time.



In all parts of the country the gardener
has his hands full now; it is seed. time, and
what the harvest shall be depends greatly
upon the improvement of the golden days of
spring time. In the South the early garden
vegetables are already maturing, and the
seeding has been done for later ones. The
hot-bed, the propagating house and the cold
frame are bringing forward in a small space
the plants that are to occupy large areas
when finally planted out. The forcing
frames are giving early lettuce and radishes,
and as soon as these are off the space is sown
again for plants that will be required late in
spring. At the North but little has been
done with seed sowing, but now we cannot
be too active. Those using hot
beds cannot prepare them too soon,
and even the windows will now be
full of pots and boxes, with tomatoes,
and cabbage, and caulifower, and many
kinds of Towering plants all being brought
along to be ready at the proper time TO plant
out. Strong, stocky plants should be ready
for the final transplanting. Be careful to
give the plants air now, in their close quar-
tiers, as often as possible, and to afford them
plenty of light for if shaded and kept too
close they will become drawn, as gardeners
say, that is, they will have long feeble stems
and small leaves. Shift the little plants as
often as they become crowded, affording
them more room the effect of frequent re-
movas is to greatly develop the roots, and to
produce a short ointed, stocky growth OF
stem. Tomato plants in this manner may
be made very handsome, especially if the
tops are occasionally pinched off, causing
them to produce branches and they will be
worth many times more than those usually
kept for sale at the shops.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-08
Simple Remedies,
Halls Journal of Health.

| Halls journal of Health.
| Half a teaspoonful of common table-salt
dissolved in little cold water and drank
| will instantly relieve heart burn' or dyS-
| pepsia. If taken every morning before
| breakfast, increasing the quantity gradually
| to teaspoonful of salt and a tumbler of
water, it will in a few days cure any case
| of dyspepsia, if at the same time due atten-
| ton is paid to the diet There is no better
remedy than the above for constipation.
As gargle for sore throat it is equal
to chlorate of potash, and is entirely safe.
1t may be used as often as desired, and if a
| little is swallowed each time it will have
| beneficial effect on the throat by cleansing it
| and by allaying the irritation. In doses of
| one to four spoonsful in half a pint to pint
| of tepid water, it acts promptly as an emetic,
and in cases of poisoning is always at hand.
1t is an excellent remedy for bites and stings
of insects. 1t is a valuable astringent in
hemorrhages, particularly for bleeding after
| the extraction of teeth. 1t has both cleans
ing and healing properties, aud is therefore a
most excellent application for superficial
alterations.
Mustard is another valuable remedy. No
| family should be without it. Two or three
| teaspoonsful of ground mustard stirred into
pint OF water acts as an emetic very
| promptly, and is mild and easier to take
than salt and water. Equal parts of ground
mustard and -four or meal, made into paste
with warm water and spread on a thin piece
of muslin, with another piece of muslin laid
over it, forms the often Indispensable mus
tard plaster" 1t is almost a specific for
collie, when applied for a few
minutes over the spit of the
stomach" For all internal pains and con-
gestions there is no remedy of such general
utility. 1t acts as a counter-irritant, by
drawing the blood to the surface hence in
severe cases of cramp small mustard-plaster
should be applied to the back of the child's
| neck. The same treatment will relieve al
most any case of headache. A mustard
| plaster should be moved about over the spot
to be acted upon, for ii left too long in one
| place it is liable to blister. A mustard plas-
| ter acts as we'll when at considerable dis
lance from the affected part An excellent
| substitute for mustard pasters is what is
| known as mustard leaves" They come a
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-08
NoMMIssIoNER's SALE or REAL ESTATE,

Notice is hereby given that by virtue of an or.
der of the Circuit Court of Putnam county, IN
tine State of Indiana, in the case of John @.
Blake ct al. William II Blake ct al. No.
2,91l, the undersigned, commissioner in said
cause, will sell at private sale, for not less than
the appraised valne thereof Mt the office of Isaac
i, Bloomer, No. 81 q East Washington street, in
the city of Indianapolis, Marion county, Indiana,
at o'clock p. m, the 12th day of March.
1888. the following described real estate, to.
wit: The undivided two-thirds (2-3l of the west
half la) Of lot number five (5), in square number
seventy (70), IN the city of Indianapolis, In
Marion county, in the State or Indiana.
TERMS OF SALE.-One-fourth cash in hand.
one-fOurth payable in six months, one-fOrth la
twelve months, aud One-fourth in eighteen
mani hs from the day of sale. The purchaser To
execute notes for the deferred payments, with
approved security, bearing interest at per
cent, ana waving benefit OF valuation and APP
praisement laws.
ROBERT L. BRIDGES, Commissioner.
7. l.. Blo0mer, Attorney.
Bids for SAID real estate may be left with 7. T.
Bloomer, at his office, at any time up to the day
of sale.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-08

Margaret Hay was granted divorce from
Henry Hay, yesterday, by Judge Adams, on
proof of adultery.
Fannie Heglin has filed suit for divorce against
Albert Heglin, in which he is charged with
cruelty treating and deserving her. The parties
were married April %, 1882, and, after taking
the plaintiff to Chicago, Albert is alleged to have
left her in the depot without money aud without
friends.
William Holland brought suit for divorce, yes
terday, against Jusan j.. the petition charging
her with cruel treatment for the last ten years
She is also alleged to have sold their household
goods, against the will of the plaintiff The par
ties were married in 1861.
Martha Linden prays for divorce from Con
rad. on the ground Of cruel and inmiman treat
ment and habitual drunkenness. Their nuptials
were celebrated May IS, 1877.