davidaulloa/AmericanStories huggingface dataset:
The clarion., 1884-12-10
(Not to be rcpor
J. f. tiwIN

j. n. MCLEAN, Jr., ct al
From the Chancery Court of IIolme4
County. II. W. Williamson, ChauetI.
lor.
appropriation Of payments.
COOPER, J.
Gwin, an attorney at law of Holmes
county, was the legal adviser OF Mclean
and OF the firm OF Mclean d Co., and
from time 10 time lent considerable
sums of money to them, and also pur-
chased goods each year from the firm.
There were numerous transactions be-
tween the parties, extending from 1872
to 1879; and to secure the payment Uf
whatever might be found due TO Gwiu
on settlement, Mclean delivered Go him
five prOmissOry notes executed 10y q. &.
Phillips for the purchase-moncy Ui .
house and lot in Lexington. The par-
| ties being unable to agree upon tho
amount due from Mclean TO Gwiu.
| this bill was exhibited by Mclean
against Gwin and Phillips, o. for the
settlement Of the accounts between
Gwin and Mclean, and o. to enforce
the vendors lien, aud apply the pro-
ceeds of the notes to the payment 0f
whatever was found 10 be due 90 l,wiu.
the residue to be turned over to Mclean
| The only question in controversy is &.
| to the accounts between GWin and Me-
| Lean. Gwin contends that these ae-
counts were settled at the end of each
/ year, and that the debts and credits
/ should be put together This Mclean
| denies, asserting that there was never
! any settlement, or any agreement SIS TO
| the appropriation OF payments. and
/ that the credits should all be appropri-
ated to the payment of the notes and
acceptances given at various time, 20
| Gwin on account Of money borrowed.
+ The chancellor adopted the latter p.au
/ holding that In yioa 81 tne facts suovu.
the credits should be appropriated most
/ benefcially to the debtor. This reduced
very considerably the interest account
/ due ftaiH.
The method OF appropriatiug p4y
ments and credits adopted bv the cham
cellOr Is the correct one where no aPurl-
priatiOn has been made by the paI,es.
and there Is no contract, express or I4-
| piled, that another shall be adopted.
| But where there is an agreement be-
tween the parties, or course Of busi-
| uess from which an agreement wOU.. re
implied, that another rule should be
applied the debtor aana1t invoke tHs
principle that appropriations are to BE-
made in the manner most beneficial 20
him. Admitting that the accounts of
the parties from year to year have not
become accounts stated, (and this. as 90
some Of the years, seems more than proc
bable, we are impelled tO .He 5aIe4
that Mclean believed, or ought 10 haze
believed, that Gwin understood the au-
nual accounts were to be Offset the one
against the other, and only the balances
due from him to Mclean & Co.. or t0
Mclean were u be credited ou THE Iu-
terest bearing notes. Whatever he may
have thought in this regard, we ara sal
iefied that Gwin at least was entitled to
rely upon such course Of settlements.
Under such circumstances it was error
to appropriate the credits to the notes
until all the mutual annual dealings
had been settled by the application Of
debts and credits 10 their matual ez-1-
guishment. Rerersed and remqhdel.
Gwin & Noel, for appellant.
Hooker & Wilson, for appellees
The clarion., 1884-12-10
The Cotton Market

The New Orleans market on Monday
was firm, at lie advance over Satur-
days prices for middling to fair, inclu-
sive. Middling, 10 5-16; good middling,
10 GIG; middling fair, 10 1916; fair,
ii 5-I6.
We have never seen 50 much cotton
in Jackson as there is at present, and
still it comes, to find ready sale and high
prices as fast as it arrives. The average
quotations yesterday were $50 @1 9-75,
or 93c for middling.
The clarion., 1884-12-10
Exrcr-r1vE NIANsIoN-
EAECi 11N = W -N9ip-N;
ALBANY. y. Y, November y, 1884.

EXECUTIVE MA NStON,
ALBANY. y. Y, November y, 1884.
Ny DEAR SIR-Day before yesterday
when | arrived here in the evening
from the executive chamber | found In
the house a fine Northumberland dog,
and Yesterday l learned through your
letter that the dog was intended as a
gift from YOU. hope you will aot deem
1t affectation on nay part when L write
YOU that | am very adverse to the
receipt of gifts, especially in the rela-
ton of strangers, which you and / sus
tain to each other. A number OF small
gifts have been sent to me, some of them
doubtless from those who seek In this
manner to show their good will, while
Others have been received from those
whom | suspect of attempting purely to
procure an acknowledgement. 1t is hard
to offend the former class by an eXhl-
bition of churlishhess or lack of appre-
citation, and my disposition is to humoT
the desire of others. The acceptance OF
presents of value which could involve
an obligation | should deem in my
present condition entirely inadmissible,
and | confess ! should feel better if ali
gifts OF every decription were discontin-
ued. | have determined to assure you
most heartily of my full appreciation of
your kindness in sending nae the dog,
and ! do not at all distrust your motive
in doing so, and while thanking you for
the friendliness which prompted the gift,
| ask you to permit me to return the
same. / shall please myself and hope
not to offend you by ssnGing the dog
to your address tomorrow at nay ex-
pense. Yours very truly,
GROVER CLEVELAND,
To Wm. j. Loader, 2l5 Dean street,
Brooklyn.
The clarion., 1884-12-10
c. W. LEWIS


Fl. c. BENsoN, ct al.
From the Circuit Court Of Washington
County. B. F. Trimble, Judge.
Right Of county 10 sae.
CHALMERS, j.
Lewis sued out an ordinary attach.
ment, and had the same levied ou some
cotton belonging TO his debtor. Benson
He had judgment, but before he could
make sale, the Board Of Supesyisorsa o
the county levied a distress warrant ul
on the same cotton, claiming for rei.
due and in arrears. The cotton wass so.l
and the sheriff brought the proceeds
into court, and prayed direction as y
whether they should be paid over y
Lewis upon his attachment writ o.
the county upon its distress warrant
1t is admitted that Lewis was prior ~
time, but if the county can MAINTAIN
distress, it is plain that it is enli.-el
to the proceeds, since the cotton
raised upon school land belonging ~
the county, for which Benson had Iqh0- a.
an assignment OF the lease from 's
rett, the lessee of the county. II = ~ i:
tended, however, that the right ol u,1
tress applies only in favor oI PL''II' .Io
persons, and does not extend q Sd- sI
several counties of the State. 10y oY
Code of 1880, .all the rights oI pll'@s
partieg, in matters Of litigation aF 81
tended to the several count e y law
State, and this provision settles lng f 'Is ~
in favor of the county. Cf'''''''''
Leavenlcorth, (this term. Cor
J. M. Jayne and E. \. IhomaS' "
appellant.
w. R. Trigg, for appellees.
The clarion., 1884-12-10

LAMAR, the Republican candidate for
the Senate in the Sixth Illinois District,
was awarded the certificate of election
by Governor HAMILTON in the face Of
the returns, which showed that BRAND,
the Democratic candidate, had been
elected While il is very clear that
somebody was guilty Of falsifying the
returns 50 as to make them show ! ms
jority for BRAND instead Of LANAI, it
il equally clear that tho Governor had
no authority under the law a detekmfne
inch - issnes I'd that - did : nn7lg
The clarion., 1884-12-10

Mr.. JOHN w. POWELL, a clever and
popular citizen of Vicksburg was, elect
ed Mayor of that city on the I'd inst,
defeating the regular Democratic nom
inee, Mr.. TRowBRIDGE. We are not as
much surprised at Mr.. TEowBRIDGE's
defeat, as we are that persons claiming
TO be Democrats rejoice at it, since he
is admitted to be can excellent gentle
man." who had proved himself to be
IAN efficient and painstaking alderman"
The clarion., 1884-12-10
SUPREME COURT CASES.
Reported for The Clarion, bv n. X. Parker.
Attorney -aG-Lsw, Jackson, Miss.
ocTOaER TETtss 1851.
CHARLES BARNETT AND ]. B. GRESHAM


WILEY b. STEWART Ell AL.
From the Chancery Court Of Noxubee
County. F A Critz. Chancellor.
Liability Of e1ecgt9r.
CAMPBELL, c. J.
In 1851, in the probate court of Nox.
ubee county. Wiley Y. Stewart. John
Gilmore and Charles Barrett were sp-
pointed and qualified as executors OF the
will of Joel Barnett, deceased. riyings
ioint bond with J. Il. Gresham and Natb-
aniel Barnett as sureties. On December
y, 1888, the bill in this case va. filed
by Wiley B Stewarta and 0ther-. children
of said Wiley \. Stewart and Emily
Stewart, who was 2 daughter of said JurI
Barnett, against said Charles Barnett.
surviving executor, aud said J.B. Gr..h.
am, surviving surety, 20 recover Uf them
the sum of SO. 1915. with interest from
April !. 1887. The bill alleges that thi.
amount is shown 10 have been due by
an attempted final settlement made Iv
the three executors on March -. 1859.
and that this settlement was void a- To-
complainants for want OF legal notice
and because of the failure 90 appoint q
guardian al iten for them, they being
minors at that time, and that said sum
was delivered 70 their father Wiley Y.
Stewart, one Of the executors. and was
bv him applied TO his own Use or -1u4u-
| dered. Demurrers 70 the bill We're over
ruled. and defendants appealed.
Passing by all other questions raised
by the demuFrerS, we hold that upon the
! facts shown by the bill, (Which makes
! the record of the administration of the
estate of Joel Barnett deceased % part
| of it, the compi1luaut> are not entitled
| TO a decree in this case. The proceed,
of the sale of the land Of the dvcedeut
were not assets. The land was sold
! under the act of 1880, and bond WAS
given for the proper application of its
proceeds, as required by that act. The
money arising from this sale was not
| covered by the general bond of the exc
cutors, and it Is TO be excluded from
The computation. On q Ike ground
the proceeds of the OIL bales of cotton
raised by Mildred Barnett, widow of
Joel Barnett, during the year 1852 Gin
! December OF which year She dIedJ are
also to be excluded. by cudicil To- the
will of Joel Barnett, the amount of the
note Of Wiley Y. Stewart. who was %
son-in-law of the te~tgtor, WAS to- be de-
Quoted from the disW,bu,,ye share of
Emily Stewart, his wife, and % l,gatee.
and this sum is TO be excluded i.0u, the
computation of the personal estate COW
cred by the bond of the executors The
effect of the codicil was TO charge Emily
Stewart with the amount OF The note of
her husband as SO much advanced Co her
under the will, and as le~scuug boy that
much her share. The executors were
not liable for the amount of this note.
Excluding the several sums mentioned,
it is apparent that the entire personal
estate was consumed IN oquaiizIug the
shares of the seyera. iega.gc-, and that
there is nothing of which these COM
plaiDants can justly complain. Decree
reUersed and bill diSBiiSs,t
Barry & Beckett, L. Brome, Cor appel
lants.
Ri9es & Rives, W. p. and j b. Harris,
for appellees.
| (NOt TO be rppgrted
The clarion., 1884-12-10

HoS. J. NJ. ALLEN received the largest
majority of auy candidate for Congress- in
the United States, at the late election. This
itself is an honor of which any man might
justly feel proud.-Tupelo Journal.
While Mr.. ALIENS triumph was as
great as that of any candidate, his ma
iority was not. The Hon. S. S. Cox had
nearly if not quito 15, 900 majority. Mr..
ALLEN had 9,205.
The clarion., 1884-12-10

DIR. DECAsTRo, a remnant of the GAR
FIELD administration, committed suicide
In order that he might perish along
with the Republican party. A Chicago
medical college gets his body.
The clarion., 1884-12-10
THK old Indspendence Bell NAV \.

The Old Independence Bell may not
ring at the Worlds Exposition. The
Mayor Of Philadelphia fayors, and so
does the Select Council, but at the Com
mon Council there was a tie vote ard an
adjournment for further consideration.
The press of Philadelphia is unanimous
in favor of loaning the bell, and Mayor
Smith. (who is Republican, in his
message on the subject, says: IF the
presence of the old Bell which rang
out the birth Of great Republic can
Be the means, by its presence at New
Orleans, Of restoring or cementing the
same patriotic spirit in the entire nation
1t this time, il viii bring credit and re-
nown 10 this city, and make evident to
the pe3ple Of the South the fact that
this ctky u Brotherly Love, true 70 her
hi9to] = eHxione Y s:d u the restora-
Il
The clarion., 1884-12-10
principal industry Of the Capital CITY,

principal industry of the Capital City,
and the next census will show wonder
full increase of bronze Generals, Admi-
rails, horses, etc. Several more statues
are under way, and It Is a curious fact
that not half of the residents of Wash
ington know who half of the statues are
for. Lincoln, Washington and General
Scott have two apiece, and small squad
ron of generals of the late war have
equestrian statues We are the young
est and least warlike of all the nations
of the earth, and We have larger num-
Der of monuments to war than France
or Germany.
There is q strong inclination among
Democrats to return to the simplicity of
the fathers in the Inauguration of the
President-elect Thomas Jefferson be-
strode his good horse and rode along to
the capital, tied his horse to post, and
went in and took the oath of office. Mr..
Cleveland might do the same thing.
The post has been removed, but he could
get eolored citizen TO hold the horse
1 for five cents. ). a. c.
The clarion., 1884-12-10
Keep Looking Young.

This is the age of young men. rs o.nrs
things being equal they are eEsFy ..so. W.
perferred. Save young looks; !; tis;ns iilsSa
pos;t;on and money. l. your hair Iaiilng
off--dry or lusterless? Preserve ana OsSo Iot
tify il by using Parker's Hair Baisan. Nv, Nv.
an oil. not dye,sure to work clean, haiil,
less, Restores color.
The clarion., 1884-12-10

In the appoin tment of a commission
30 inspect 200 miles of track, rendered
by the Southern Pacific Railroad of Cali
fornia, for acceptance by the Govern
ment, President ARTHUR has paid a high
compliment to the profession of journal
ism. Messrs. o. O. STEALY, of the
Courier-Journal, VIM. NICHOLS, o. the
National Republican, and w. w. BAR
BAAs, of the United Press Association,
re the Commissioners.
The clarion., 1884-12-10
The trustee. of East Mississippi

The trustees of East Mississippi In
sane Asylum have elected Hon. H. D,
CAMERON, of Lauderdale, as Steward of
the institution, at salary of 1920 per
annum. The appointment is frst-class.
The Asylum will be ready to receive
patients as soon ss Medical Superin-
tendent Is appointed.
The clarion., 1884-12-10

Miss MARY f. WILLARD, of Wash
ington, d. c., eloped with Mr.. WILLIAM
PAXTON, leaving Mr.. FRANK SIMPSON,
to whom she had been engaged for some
time, to mourn over blighted hopes.
Tova,s rooue
The clarion., 1884-12-10

MERIDIAN, Enterprise and Durant
reelected their mayors-Messrs. GRIF-
FIN, BOYD and Weston the ID inst.
A good day for "the present incum-
bents.n
The clarion., 1884-12-10

The battle begins in the earlst dawn OF
the child existence. If il is delicate worms
fasten upon its vitals, and as years pass
they increase and If not destroyed will kill.
Shriner's Indian Vermifuge will destroy
them and seye the life Of your child. Fof
The clarion., 1884-12-10

The New York World decides that
she majority of candidate for Presi-
dent is to be determined by the vote
given that one of the electors who re-
oeives the most votes.
The clarion., 1884-12-10

The death of Col. w. NJ. SmallwoOd, !,
Secretary of the New Orleans Produce
Exchange, is announced.
The clarion., 1884-12-10

The Interstate Commerce bill is being
discussed in Congress.
The clarion., 1884-12-10
GRANT will not be pensioned.

FRANCIS d. MoULTON, the mutual
friend of BEECHER and TnToN, is dead.
The clarion., 1884-12-10
Declined the Dog.

Governor CLEVELAND, in declining
to accept a Northumberland dog sent
him by stranger, wrote the following
letter:
The clarion., 1884-12-10
The Ragsdale TROUBLES al Meridian.

s1ooMISeToN, Ill, Nov. is. 1so4 1scss.
The Evening critic., 1884-05-27
THE LANGsToN JURY.
II IL Completed at Last and Is Com.
posed of Seven white ana Five
NnVnnaA

II IL Completed at Last and Is Com
posed of Seven white and Five
CoIored Men.
When the session OF tho Criminal Court con.
vened this morning, and the trial OF Frank
Langston, charged with the murder OF James
Spencer, was resumed, the flrst business on
hand was the completion OF the Jury.
Mr.. Riddle stated that what no said yester.
day was eaid under the impression that they
were completing jury, and what had boon
not binding.
His Honor said that the defense would lose
none OF Its rights, and could still challenge
thoee already In tho box.
Mr.. Adolph Miller was then recalled and
accepted by the defense, and Mr.. e. A. Shueter
peremptorily challenged.
The examining OF the talesmen summoned
was then entered upon.
James Goddard was over 90 years OF age.
7. Garner had expressed an opinion.
j. III. Moriarity was not naturalized.
J. d. Wilson was accepted temporarily.
This made panel OF twelve with which the
de Ms expressed themselves satisfied.
Queen, making vacancy.
Il. O. Wheeler was called and had expressed
an opinion. 30 had o. P. Burdettc.
LID. Collins, A. Y. obening,. W. I. Dyer, IT.,
and Samuel Bieber, had oil expressed opin-
ions.
BARLEY Taylor was challenged by the do
A. W. Fairfax had expressed a decided opIn.
ion.
Samuel Queen was excused on account Of
sickness.
Joseph O. Leo had expressed All opinion.
James q. Williams, colored, was accepted
The Government challenged John II. Mans.
field again, breaking the full panel.
Michael Weller had conscientious scruplos.
Chandler Gregg was excused on account OF
bad hearing.
Henry NJ. Fry was accepted.
Eugene p. Miner was challenged by tho Gov.
eminent.
VIM. L. stiger, jr., was nonresident.
". d. Mills had expressed an opinion.
george Courtney was excused on account OF
sickness.
B.H. Warner was member OF the bar.
John II. Small, 1r, and Clarence WEIGH had
expressed opinions.
This exhausted the list OF talesmen and
forty more names were ordered drawn from
the box, and recess was taken until o'clock
to get the men into court.
The Court reconvened at the time agreed
upon, and out OF the talesmen ordered nine
men answered TO their names and the exam.
tnation was resumed.
Gardner K. Andrews and Lawrence Hickey
were excused on account OF deafness.
christopher Dickson was challenged by de-
tense.
Q. W. Thorn and J. Maury Dove had OK.
pressed opinions.
Benjamin II. Freeman was accepted.
l. Adolph Miller was challenged by the Gov
eminent.
Robert ]. Johnson, being minister OF the
Gospel, was excused.
John s. Brent was accepted.
This made the compliment.
The jury completed is as follows: Henry
Mason, Lewis II. McDade, William II. Bell
Hiram II. Kimmel, Charles drofr, ]. b. Wilson,
J. O. Williams, Henry M. Fry, BENJAMIN II
Freeman and John 8. Brent. The panel as
constituted stands z white and colored.
The Evening critic., 1884-05-27
TOURNEY IN MORE TROUBLE.
A Bar-rO0m BrawI I'm Which the
HluRger Got the Worst of IL.


Dan Tourney, the South Washington slugger,
was badly used up when he emerged from the
docket in the Police Court this morning to an
swer to two charges of ARRAY. His mouth was
cut and swollen and he bore an ugly cash over
his right eye, and his. face was hammered out
OF proportion.
Sergeant Boyle and Private Dunnigan testl.
fed TO being summoned to Patsey Morgan's
saloon last night to stop q fight, and when they
arrived there they found Tourney and VIM.
Scho1leld cut and bruised, and they admitted
that they had been fighting.
Bill Jones, who shot at Guiteau, was called
as n Witness and testified to tho circumstances
"squealed."
schofeld forfeited collateral and Tourney
claimed that they locked the door on him and
crowd knocked him down and kicked him
nearly TO death.
Bill Jones denied this and said 1t was fair
fight, and Tourney was knocked squarely out.
"Toumey thinks the chief glory of man Is TO
lick somebody" said the Court, "and the
sooner he gets this idea licked out OF him the
better for him and the community, and Will
do the best can to lead him to something
better. We will raise the price OF ARRAYS on
this occasion-$20."
The other Charge went over for witnesses,
and Tourney was released on his father giving
bail for him.
The Evening critic., 1884-05-27
THE TEXAS REPUBLICANS.
All the Delegates TO Chicago Hero
Except FLANAGAN.

All OF the Texas delegates to the Republican
Convention at Chicago except one arc In the
city. Tho absent one is the immortal Flana-
gan, who is already in Chicago. He doubtless
knows what he 10 there for. The delegates In
this city are receiving good deal OF attention
from tho friends OF Mr.. Blaine and President
Arthur.
The delegates being wholly uninstructed
mako them very interesting personages TO the
candidates. They are, however, very coy, and
none have been captured. though the Blaine
influence is being brought very strongly TO
bear upon them. In addition TO the Texas
delegates, there are other Southern delegates
here, stopping on their way TO the convention
for a preliminary look over the field. Mono Of
Them are ignored by the candidates' managers.
The Evening critic., 1884-05-27
DIED.


CoNNoR.-on Sunday morning, May %,
1884, james Q. Connor, in the Goth year OF his
age.
. DUvALL.-0n May 90, 1884, George W. Du-
vail, In the Gath year OF his age.
Funeral from the residence OF his son, In
Anacostia, d. O., on Wednesday, May %, at 3
O'Clock p. m.
FLooD.-on May 20, 1891, at a. M, John
Flood, beloved husband OF Annie Flood, aged
55 years.
Funeral from his late residence, d36 Sixth
street southwest, on Wednesday morning, at
8 o'clock. Requiem mass at st. Dominio's
Church. Relatives and friends are respect
fully invited to attend.
HELMICK. ON the morning OF May 90, 1884,
Mise Eliza NJ. Heimick.
Funeral from tho residence OF her mother,
1908 Q street northwest, at 10 O. M, Wednes-
day morning.
wINANTS.-on Saturday, May "a, 1884, at
o o'clock p. M, DR.. Josiah L. Wlnants, father
Of Mrs. Benjamin Durfee, In the 63d year Of
his age.
Funeral at o'clock p. M, Wednesday, the
2Sth instant, at dd6 New Jersey avenue south
east.
pefs please COPY
HEMPSTEAD.--Sudden OF rheumatism OF
the heart, on Sunday, 25th instant, at p. m q,
Captain Elias Hampstead.
His remains Will be removed from his late
residence, 1908 II street northwest, to New
London, Conn.,, this evening.
The Evening critic., 1884-05-27
PERSONAL POINTS.

MIR. ]. II. PRATHER, editor of tho
Ohio Temperance journal OF Cincinnati, IS In
the city attending the Grand Templar Con-
yention.
COLONEL +. N. WICKER is at the Eb.
bitt and his host OF friends at the National
Capital are glad to greet this popular ana go.
NAL gentleman.
Hon. JOHN II. BAKER, who has been
spending several weeks In this city, left for
Indiana via Philadelphia Thursday evening.
He Will go TO Chicago on the 31st instant and
remain until after the convention, stopping at
the Grand Pacific Hotel.
MISS MARY CROSBY, who was consid-
cred one OF the very best amanuenses In the
Treasury Department, and who, by the way,
has Just graduated from the Garfield Kinder
garten School, has resigned 81 400 clerkship
and gone on visit TO her parents. Declining
health and desire TO "teach the young Idea
how TO shoot" compelled Miss Crosby's reslg'
nation.
THE bill offered by Senator Riddle
berger and passed, which makes corporations
and individuals financially responsible 10 the
relatives OF persons coming to their death at
their hands, VAS drawn by Hon. j. Amber
Smith. ThaDlstrict OF Columbia Is the spply
section In the COUNTRY where the copesen law
has hitherto beenlin vogue, a4apnffec Change is
very proper spd wise 4aes
.sggoys' Suits
l.N. T. No
The Evening critic., 1884-05-27
WEST WASHINGTON.

There was large attendance at the funeral
OF the late John 8. Saxton at the Dunbarton-
avenue NJ. L. Church, as the deceased was
widely known. The Mechanics Lodge was
present In body and furnished the pall.bear-
ers. Tho floral tributes were beautiful and
profuse. Rows. Dr. Mckinney and Richard
Norris ofIiciated. Mr.. Henry Wilson, leading
the choir, sang affectingiy several appropri-
ate solos. The remains were taken TO Oak
Hill.
Arrived this morning canal boat Seneca with
1880 bushels corn and 800 bushels wheat.
Latter sold at 81 .08.
The Georgetown University nino expect to
meet the Kendall College nine this afternoon
on the formers grounds.