davidaulloa/AmericanStories huggingface dataset:
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11
suPREME COURT CASES.
Reported for The Clarion, hs n. H. Parker
Attorney-st-Law, Jackson. Miss
October rern--Iss5.
BES PoPr, TT Al.

The STATE
From the Circuit Court Of Kinds
county, Second District. Hon. l. >.
Wharton, Judge
On February, 1886, appellants were IN
dicteIi for gaming on the 18th of Deem
Der, 1854 They plead that they had
been convicted in February, 1885, Tor
gaming in January. A demurrer to
this plea was sustained, and convlc-
| ton followed.
The opinion by CAMPBELL, j., Is given
in full:
The plea is fatally defective because
/ it does not aver the identity of the
offence charged. and that for which the
former convection was had. Rocco Z.
The State. 81 Miss, 357. The argument
Is that ia the prosecution before the
Justice OF the peace evidence might have
been given of the offence charged IN the
Indictment TO have occurred on day
anterior to that laid in the affidavit,
and therefore, the conviction by the
Justice bars this prosecution by virtue
of , 1857 of the Code. This section
authorizes the giving of evidence on the
trial of an indictment fer gaming OF
more than one offence of the same char
acter committed anterior to the day
laid in the indictment, and because OF
this, and aehere this privilege Is aratted O
on a trial, the accused, who is thus sub
iected TO liability to conviction OF an,
offence anterior to the day laid, Il
shielded from being again held TO an
swer for what he has already been tried
Having run the gauntlet in the trial fol
certain period of time, he is to go fret
| as to this. A conviction for particular
offence of gaming, whether on plea o
guilty or as the result of trial, doe.
not entitle the convict to immunity To-
, all the time prior to the time laid in th'
indictment on which the conviction wa
had. 46frmed.
C. S. North, for appellants.
T. S. Ford, Attorney-General, contra
/ To be reported.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

The Secretary of the Navy has agreed
20 accept the Dolphin, and work on the
new cruisers, the Chicago, Boston and
Atlanta has been resumed, under an
arrangement between the Secretary and
the representatives of Mr. Roach.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

COMPLETE returns from all the legis-
lative districts in Virginia show the
complexion of the next Legislature to
be as follows: Senate-Democrats 80
Republicans 10. House-Democrats 20,
Republicans 80. Democratic majority
on Joint ballot. 60.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11
A LoEB EFT AL
L. A. DUNCAN Ell AL !
ITO be reported.

L. A. DUNCAN Ell AL
From the Circuit Court of Lauder
dale county. Hon. S. III. Terral, Judge.
A. Loeb & Co., applied to the corporate
authorities of Meridian for license to re
tail vinous and spirituous liquors in less
quantities tnan one gallon. counter
petition was filed, and like proceedings
we're had as in the foregoing case OF
CorbeH q. Duncan. The license was
granted, and on ecrti0rari it was vacated
by the circuit court.
The opinion, by Cooper, c. j., IS given
in full:
The right of the appellees to invoke
the aid of the court, and the power OF
the circuit court to correct the errors
of the inferior tribunal by certiorari rest
| upon the same facts substantially as
! those disclosed in the case of CofbeH a..
| Duncan, ante, and what was there said
| is applicable to this case. This is q
petition by the firm of Loci & Co., for a
license to retail liquor in the town of
Meridian, and the petition filed by them
and signed by the voters of the town
recommended GA. Loeb a Co. to be of
good reputation and sober and suitable
persons to retail vinous and spirituous
| liquors." etc. 1t does not appear by the
petition who composed the firm of Loeb
& CO., and this we think was fatal
defect A firm cannot be said to be a
person of good reputation, nor can it be
said that it is sober person. The
members of the firm may be persons of
good reputation, and sober and suitable
persons to receive license to retail, and
where application for license is made by
firm, the recommendation should be of
the persons of whom the firm is COM
posed. Under the statute one who APP
plies for license to retail puts his per
sonal character in issue, and his applica-
ton must remain open for the period of
thirty days, in order that all the legal
voters of the town may have anopportu
nifty to contest his right TO the privilege
One desiring to file contemplation to
that exhibited by the applicant must
know who the applicant is before he
can intelligently act to defeat the grant
of license, and the statute contemplate
that he shall have such knowledge from
amere examination of the petition itself
he is not expected to explore city te
learn who is applying for the privilege
of retailing. The evident policy of the
statute is to restrict the sale of liquors
and this it does both bv imposing
onerous burdens upon the retailer in
viting opposition in the application fol
license.
, Licenses to prosecute lawful and harm
less vocations are required purely as
means to raise revenue, and are demand
; able as matter of right by any one who
will pay therefor, but license to retail
Intoxicating liquors may be secured only
upon the recommendation of the persoI
: applying by majority of the lega
voters of the municipality, and recon-
mendation of the firm, or of the member,
, of the firm who compose it, without
stating who they are, is not such s
, recommendation of the person as is con
templated by the statute.
The Judgment is affirmed.
Woods & Mcintosh, for appellants
! Hardy & Miller, contra.
To be reported
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

Handsboro and Mississippi City are on
business boom, as will be seen by the
following Picayune special: The Gulf
Coast Canning Factory at Mississippi CITY
is now IN fuli blast and turning out goods
equal to if not superior to Northern facto-
ries, with good demand for all goods man.
ufactured- Our steam press brick factory.
owned by II. Lienhard, of Handsboro. Is
turning out over 10000 bricks daily. Four
OF our saw and planning mills are running
with good demand for all the lumber man
ufactured. H. Lienhard's sugar mill will
start operation in a few DAYS. All of our
hotels and boarding houses in Handsboro
and Mississippi City are doing fair busi-
ness. The Telegraph Company will estab
lish a branch Office at the canning factory
In few days. The revival in business
at Handsboro and mississippi City is call
ing III people from abroad, and in the near
future the two places will meet and be ,s
one.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

Cor. +. A. Tyler, editor of the Holly
Springs South, was elected Justice OF
the Peace on the Sd inst. We congratu-
latehim on this expression of public
favor. The Office of J. p. is one of Dig
nifty and importance, and we have
noticed, with pleasure, an inclination Oh
the part of good and capable citizens to
seek IL
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

The picture of Gov. Lowry in the
Times-Democrat of Wednesday, is tol
cradle likeness of Col. Power, but not OF
Gov. Lowry. Gibson Receilte.
Which accounts for the many compli
mentary notices that wehaye seen of the
said '1ikeness."
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

WE note with special pleasure the
appointment of Miss MAUD SMITH to a
clerkship in the Office of Register of
Public Lands in this city-a position
well suited to her capacity and indus
try. 1t is anot her recognition of the
claims of woman 10 appropriate and re-
munerative employment.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

The ashland Register refers in terms OF
hearty compliment to the speech Of
Hon. WILEY n. NASH, at that place
just before the election. Mr.. NASH
responded promptly to the call of the
State Executive Committee, and his
addresses at Ripley, Ashland and other
places, were timely and effective.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11
The Cotton Market.

Middling cotton was quoted in New
Orleans on Monday last at Slice; the
same grade, in Jackson yesterday. was
$40.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11
IsAAo LANDRUM


V.
THE STATE.
from the Circuit Court of Jones county.
Hon. A. G. Mayors, Judge.
Appellant was convicted of an assault
and battery with deadly weapon with
intent to murder. The evidence was
directly conflicting. Among other things
the court instructed the jury as follows:
Testimony of what man saw or
heard is positive testimony, and testi-
mony as to what he did not see or hear
is negative testimony, and as rule OF
law the positive testimony of single
witness is of worth more than the mega
tive testimony of number, the witnesses
being equal in other respects"
Opinion by CAMPBELL, j.:
The instruction was erroneous. II
was inapplicable, because the witnesses
contradicted each other under such cir
cumstances as to compel the rejection Of
the testimony of some of them.
The jury should not have been tolc
| that the law required the belief of ont
witness or class of witnesses rather thar
another. Reversed
j. l.. McCaskill. for appellant.
L. S. Ford, Attorney General, contra
To be reported.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11
Tate County o. K.

Special to CLARION.
SENAToBIA, November 8, 1885.
Entire Democratic ticket, from constable
up, elected by majorities ranging from,
seven to eleven hundred This is the
greatest victory ever achieved in this
county. Our people are jubilant. Our
Congressman, Hon. J. B. Morgan. did
much towards this result. for which we
viii ever feel grateful.
Z. p. RUSSELL.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

The American Exposition was for
mally opened yesterday, under favorable
auspices The crowd ON the grounds
was estimated ut $4,000.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

The admirable letter of the Hon. r.
J. SEMMEs on the silver question, which
was copied in THE CLARION, has been
republished by the Times Democrat, to
which il was addressed.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

TEXAS is again afflicted with a
strike" At Houston private property
has been in the hands of mob, the
owners, apparently, being rerAediless.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

The widow of the late Rev. MILTON
j. WHITwoRTH, founder of Whitworth
College, dice. ut -Brookhayen On the 9th
Inst 5sfie was the oldest resident Of the
town
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

JOHN McCULLoUGH, the actor, died
suddenly at his residence in Philadelphia
on the 9Th.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11
Back to STAY.

CoFFEEvILE, Nov. z, 1885.
After so long time we are
back into line, and think to stay.
JNO. l.. COLLINS.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

The CLARIoN is quite large sheet,
but we have an overflow of matter to-
day that can only be provided for by
the publica. ion of two additional pages.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

FIVE Knights of Labor have been ar
rested in st. Louis as the persons guilty
of blowing up street cars with dynamite.
The case against them is said to be
clear.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

PAT FORD and JOHN MURPHY will
hang in New Orleans next Friday The
Board of Pardons refused to interfere.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

The Supreme Court has adjourned
until the third Monday in January.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

JAS. A. BAYABD, son of the Secretary
of State, has been appointed Secretary
Of the Territory Of Arizona
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

CoNGREssMEN Barbour and Daniel
will be candidates to succeed Mahole
in the Senate. Barbour led the party
in the recent campaign as Chairman Of
the State Democratic Committee, and is
said to have the call on Daniel, the
brilliant young orator, who enters Con-
gress in December for the first time
ET.
The most gratifying circumstance of
the Virginia election, is the downfall of
MALONE. If BARBOUR should be his
successor, the whirligig of time will soon
bring RIDDLEBERGzR, the confederate
of MALONE, to his fate; and then the
brilliant young orator." DANIEL, can
receive his reward. Meantime, he will
render good service in the House. 1t is
a great thing to have Virginia once
more at the head of the Democratic
column.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

When man Was Knocked down and
trampled BY sheep and asked how be
felt, be said "A little under the
wether.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

Mrs. MINNIE WALLACE WALKUP
was acquitted.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11
netition. or of suggesting any fact by
Ppsssan of which the license should not

,atition. or of suggesting any fact ps
reason of which the license should noe
" There i. no appeal provided by statute
e~a,, the decisions of the corporate an
.tar;t;es and since there Is no other
sa,nadv. and since their action Il quasi
;nI;r;al fertiordri may be awarded 10
,.arrert eli errors of law apparent on the
60 az the record. Alien {. Leree Com
49, 81 Miss, 1868: , Visits Actions
and Defences, 134- ii =
II Is unnecessary IL consider all %
the various objections taken To the
action of the corporate authorities, since
we are enabled to satisfactorily dlsI
If the case upon the iusutiicieney OF the
natition upon WHICH the license was
fonght The Code, 2 1903, declares that
no license shall be granted TO any person
m retail vinous or spirltuous hquors
IN less quantities than one gallon unless
the applicant shall first produce peti-
ton for the issuance of such license
and recommending the said applicant
10 be of GOOD reputation, and sober ano
| sn;table person to receive the license
The petition BY which the appellant
snnnorted his application represented
h;o, 10 he a sober and suitable person tC
receive the license, but it docs not con
tain any representation that he r
person of good reputation as the statute
requires. !,
It may be that these petitioners be
lieyed that a man who was sober ant
, suitable to retail liquor was necessarli,
man of good reputation, and therefor.
they omitted 10 add the statutory cerun
cate required as surplusage; but, OF
the other hand, it may be that the
+ were unwilling to certify that the appli
cant was of good reputation in the com
munity, but was, nevertheless, IN thei
opinion suitable man to receive IL
cense to retail However this may be, !
is manifest that the petition wholly fall
r to conform to positive requirement o
; the statute in matter which we are no
r justified in treating as immaterial.
+ The petition was insufficient, and tn
! Judgment is affirmed.
r Woods & Mcintosh, for appellants.
E Hardy & Miller, contra.
5 To be reported.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11
Jefferson County Supervisors.

FAYETTE, Nov 6, 1885.
EDIToR CLARION made mistake in
's'e>ram IN relation to Supervisors elect
OF our county They are as follows: =. j
q. simmons 2 A. T. Melton 8. W. S.
briscoe 4. + F. Baker; 5. j. d. Frasier-
the Two last, reelected.
Yours, Nc.
S-Deputy Revenue Collectors are
circulating petitions among the people 10
remove Collectors Office to Columbus.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11
The Vote of Kinds County.

GOVERNOR Robert Lowry 1857
LIEUT. GovERNoR-G. d. Stands .l649
SEc'y OF STATE-Geo. M. Govan......1649
TREAsURER-W. J.. Hemingway-...... 1856
AUDIToR-W w. Stone 1854
ATTORNEY GENERAL-T. NJ, Miller l647
Surf. EDUcATIoN-J. r. Preston. 49, 1854
REPREsENTATIvEs-C NJ. Wiiliamson1640
Jno. n. Bush -. 1852
r. w. Johnson. 1921
b. c. Wells..160S
SHERIFF s. Il. Thomas.........-- 1868
TREAsURER-A. g. 1850
AssEssoR-H. Casper 1913
SuRvEYoR-T Il. j. Adams -..-.... --....... I643
CORONER & RASGER-E. d. Parish...--I649
SuPERvIsoRs-,st Dist. VIM. Bell.......-235
I'd Dist. w. H. Chichester..32
Sd Dist u. G. Fisher 1856
4th Dist. T. McClelland- .a62
5th Dist. f. NJ. Scott. 476
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11
An Explanation.

Columbus Index.
The CLARION of the 4th contained
the following letter:
COLUMBUS, Miss, Oct Goth, 1885.
Friday and Saturday the Temperance
battle ragged in court. Gov. Sims closed
the argument at IL o'clo k Saturday
night in noble speech. The court sus-
tanned the demurrer of Orr & Sims to
the mandamus of the whisky men, and
victory again perched on the Temper
ance banner. Four saloons closed this
month, one next month and the last one
in February. Although the press has
been bought up, and free whisky and
money have done their work, truth and
right stand indicated.
/
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

494S-State Y. Isaac Landrum, and sureties
Judgment nisi set aside.
4964-Lee Ross v. State. The Gogerno,
haring pardoned the appellant judo-
ment for costs only was entered.
4979-Nugent & Melville v. ]. r.. Powell
ct al. A6irmed as 10 Mcneil, bui
reversed as TO The other appeigees.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11
. oVUNII
GID ID. HARRIS

On his attention being called to this
Mr.. Harris promptly and with great
pleasure furnished us the following:
COLUMBUS, Miss, Nov 6, 1885.
MgssRs. MARTIN & Bros, Proprietors
Index:
Gentlemen In THE CLARION of Nov.
4th | observe an extract taken from a
private letter written by me to friend
under date of October Goth, which / see
may be construed into a very serious
charge against the press of Columbus.
The sentence containing the charge was
hastily and carelessly written in the
course of private correspondence, and as
am convinced it does you an injustice,
| take pleasure in Withdrawing the same,
and | assure you that nothing was
further from my desire thar to say any
thing that would reflect ON you or the
press of this city.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11
Yours very truly,
GID ID. HARRIS.

This statement, so promptly and kind
ly furnished US by Mr.. Harris, is of
course, entirely satisfactory. His will
ingness to disclaim any intentional in
jury, we assure him is appreciated by
us.
We may as well state here as else
where that reports to the effect that this
paper is under the control of liquor
ring, has reached us, and that we in
tended at the proper time 10 give ii
proper notice. We now state that they
are utterly false and slanderous. The
Inder is not in control of, or in any way
under the influence of a liquor ring, or
any other ring. 1t is owned by those
whose names appear as its proprietors,
and is being conducted by them on bus
mess principles.
Tue CLAfIoN publishes the above
without being requested so to do. We
had not observed the charge so prompt
ly and properly disclaimed by Mr.. HAIR.
IIs. The Index is one o. our most
valued exchanges, and we regret the
inadvertence which made necessary the
foregoing explanations.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11
DECISIONS OF SUPREME COURT
REPORTED FOR THE CLARION BY C. c.
CAMPBELL.

REPORTED FOR THE CLARION BY C. C.
CAMPBELL.
MONDAY, November =, 1885.
The following cases were 46f,ned.
4S52-Vicksburg Bank V. L. A. Moss.
4960-R. HI. Holmes v. Stare.
4970-R. w. Garrison v A. II. McInnis.
4996-Jas. NJ. Bonney y. Robt Bowman
Exr, ct al.
5C09-A. Loeb & Co., ct al V L. A. Dun
0-Con. Corbett, ct al " L. A. Duncan
The following cases were rerersed and. re-
mdndcd
4634-lsaac Landrum v. State.
1877. NJ. Buntyn v. Shippers Compress
Co ct al.
5001-Illinois Central r. K. Co, '. J. Fl.
Haynes.
494s-State Y. Isaac Landrum, and sureties
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11
Mississippi Legislature 1886

We give below the names of the mem
bers of next House and Senate. and the
postoffice address of each. as far as could
be ascertained to the hour of going to press.
We will be obliged, where omissions or
errors appear, to be informed of same, SO
as to make perfect publication in next
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-11

were Alfred V. Davis, Jr., aud Miss kati
Chamberlain, of Natchez. The churcl
was crowded to its utmost capacity an,
the floral decorations were numerous an,
beautiful. An elegant reception followe,
at the residence of the brides mother.
The Hattiesburg Herald warns the publ
against Chss l.. Adamson, late editor o
the defunct Hattiesburg Herald, and emu
merates some of his recent methods in oh
tanning money on false pretences. TIL
CLARION did some work for Charles, which
he greatly admired, but for which he forgo
to pay. We therefore comply with tn,
Democrats request to "pass him around. ,
DIR. Jones, President of the Industrial
Institute at Columbus, in his report to ths
board of Trustees thus acknowledges ths
substantial courtesies of The Mobile & Ohio
Railroad
1.-THE Mobile & Ohio Road has been
especially courteous and kind to us. II
gave us 1000 tons Of free freight; cheerful
" granted to our pupils, travel at cents
per mile, and Mr.. Waller. the General
Passenger Agent, kindly sent special
train to Connect on the Dist with the I. C
Ry., at Starkville.
Mr.. Archer Harmon, of Louisville, XIV.
anu MISS MARY l<isintetOu Lee, Oh dfeeH-
vile, were married on Tuesday night, 4fh.,
at the church of St. James, Gres.nvilIe
which was crowded that night to its utmost
capacity with a brilliant assembIage from
Virginia, Kentucky, Arkansas, Tennessee
South Carolina and Mississippi A SPLEEN
did reception followed At the residence Of
the brides brother-in-law, General Fergu-
son, several hundred guests being present.
The groom is native of Staunton, Va.
and the bride a cousin of Gen. Fifzhugh
Lee, of Virginia
The Fayette Chronicle Of 9th inst, thus
chronicles an interesting event
Capt. Put Darden was married on yes
terday afternoon to Miss Kate Ably. Of
Claiborne county. We sincerely wish the
couple all the JOY possible in this life Of
ours, and bid the bride > hearty welcome to
the hospftable county Of jefferson. The
Captain is one Of the leading men Of the
State, ciear-headed, noble hearted and true
Is steel in every way, and tbe bride is an
aud esteemed LADY, and they
deserve every happiness. The couple LETT
for Boston, Maas., where The
Captain goes q representative to The
Southern standard. (McMinnville, Tenn.) 1879-current, 1885-12-05
From Dibrell.

To the Standard.
Being absent last week we failed to
report from this point, and everything
in the way of news seems to be a little
scarce this week.
notice in last weeks STANDARD
that there is to arrive in McMinn-
vile, and other places in Tennessee,
this week, a number of eXcursionists.
We extend to them through the col
umns of your highly appreciated pa
per a hearty welcome, and will say
that if any of them should chance to
cast their lot with the people about
Dibrell, they will find them social,
industrious people, and are willing
to welcome people in their midst of
better experience, hoping of course,
to get an item of interest from them.
We have very mild climate and
regular seasons, and upon the whole,
the people generally live much better
and freer from debt than many do
who live in richer countries. The
people in north Warren are more
prosperous and nearer out of debt
than in any section that l know of.
The religious and social standing of
our community will compare well
with any portion of Tennessee, or
any other State. We have good
schools, which are run upon the best
plans, and our people and teachers
are still looking up and have the
spirit of advancement. Our churches
are we'll attended, with good Sunday
schools connected with many of them,
and this part of the county is far in
advance of what it was ten years ago.
Our people are sober-seldOm see a
drunk man, and we earnestly pray
that the time will soon come when
there will not bea drop manufactured
to destroy the reason ofmen who 9TH
erwise would he happy and prosper
Gus. May the time speedily come
when all men may realize the impor-
lance of living a life of righteousness
and bowling fully to the authority OF
our Creator.
At our Sunday-school last Sunday
we were visited by Misses Matte and
Maud Bass, Mulah Davis, and Others.