davidaulloa/AmericanStories huggingface dataset:
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10
4. j. WHITTINGTON j
V.
The STATE.
From the Circuit Court of !

From the Circuit Court of Amite Coun-
ty. J. B. Chrisman, Judge.
Rerenue Ia,c Sale Of acine in small
quantities 1cithout license.
CAMPBELL, j.:
This is an appeal from a conviction
for selling yinOus and spirituous liquors
in less quantities than one pint without
license. Wine only was sold in small
quantities, and the sole question is in
regard to the state of the law as to the
sale of wine without a license.
Under the Code of 1880 q 1098), one
might lawfully sell wine made from
grapes grown by himself in any quantity
not less than one pint, without paying
any tax or obtaining license. As
amended by acts approved February %,
1882, and March 8, 1882. Chap. 80 of
the Code authorizes the sale of wine
made of grapes and other fruits, without
regard to who grew them, in any guam
tity not less than pint. The retention
of the word pint in 1112 made ii
penal to sell rinOus or spirituous liquors,
in any quantity less than a pint, without
license. BY act approved March 4, 1884
the word pint" was substituted by the
word gallon" in Code ? 1112 The
effect of this was to make it penal there
after to sell wine in less quantities than
a gallon, without license affirmed.
Nelson & Stockdale for appellant.
I. 5. Ford for the State.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10
SUPREME COURT CASES.
Reported for The Clarion, bY H. n. Parker,
Atsorney-st-Ia~, Jackson. Miss.
April rerm-Iss5.
j. H. KENNARD, USE ETC, !

]. H. KENSARD, USE ETC,
J. J. ALsroS.
From the Circuit Court of Wilkinson
county ]. B. Chrisman, Judge.
Limitation of actions on foreign jtdg-
me1ats Non-resideaoe Of defendant.
COOPER, c. J.:
Kennard instituted this suit against
Aston on Judgment rendered in New
York in 1872. Aston pleaded the
seven wears statute of limitations, TO
which the plaintiff replied that Aston,
at the time of the rendition of the judg-
ment, was absent from this State, and
had remained absent continuously since
then. Defendants demurrer to this repll-
cation was sustained.
In Maitland q. Keitb, 80 Miss, and Glenn
eats a. Bro,cn, 81 Miss. it was held that the
statute of limitations was not suspended
by the non-residence of the defendant in
a foreign Judgment. This conclusion
was reached, as stated, in the case first
cited, by a construction OF the act OF
| 1874. Z 2157 of the Code of 1871 de
clares that the exception therein provl
/ ded for wiz, absence from the State)
| shall be applicable to all cases mentioned
in the chapter, and the chapter contains
the Limitation applicable to suits OF
| Judgment rendered in other States. Ih'
statute of limitation never began TO ruI
in favor of the defendant in this case
| because he never came into the State
Reversed.
c. P Nelson for appellant.
d. c. Bramlett for appellee.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10
State Superintendent of Education

Prof. G. W. SMITH, of Winona, in a
postscript to a business letter to The
CLARION, thus mentions his candidacy
for the office Of State superintendent of
Education:
am a candidate for the Office of State
Superintendent of Education. A native
Mississippian, graduate of our State
University in two degrees, and having
spent eighteen years of my life in the
schools of the State, l feel that l am
familiar with the wants of our public
schools. On the question of prohibition,
stand squarely in its favor, but do not
think it should enter into our State
politics so as to disintegrate the Demo
cratic party or weaken its ranks
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10
REDUCED RAILROAD FARE TcA
Delegates to the State Prohibition Cor.
vention.

The Railroads named below have generously
granted reduction OF rates the basis stated to
all delegates 70 the state Prohibition Convention
which meets in JACKSON, July 1sT.
= Railroad, including its various Branches
Full fare going; returning half regular fare
Natehez, jackson & Columbus RaiIroad-Fivs
cents per mile going; returning free
Louisville New Orleans Texas Tor Mississippi
Valley Railroad-Full fare going; returning, half
fare % -
The Queen 4 Crescent Route including the vieks-
burg Meridian, and the New Orleans 4 North
eastern Rallroad-Fnll fare going; returning. one
cent per mile
To secure these reductions, delegates must pre-
sent to the ticket agents of the various railroads
named. certificate of attendance which will be
furnished by the Secretary OF the Convention after
the body meets.
Other roads win be included in the list as soon as
heard from. b. IT. Homes
sec'y State Prohibition Executive Committee.
June 10. 1sS5-sw
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10
For Governor.


ROSE HING Miss, june 6, 1888.
EDITOR CLARION: presume there will
soon be held convention in Mississippi to
make nominations of men, for election, to
fill the several State offices. Let me sug-
gest a man, whose name, / think, should
be placed before the convention for the
nomination for Governor, viz: Mr.. Put
Darden, of Jefferson county. He is,
believe, native Mississippian He is fully
competent and reliable and understands
the wants OF the people OF Mississippi.
OLD PLANTER
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10
The Executive Contingent Fund-A
Proposition.

OF the $500 appropriated on account
of the Executive Contingent Fund for
he years 1882 and 1883, $392170 was
rawn, and s4577 80 covered back into
he Treasury. Having said this much,
we promise to oppose Governor LowRY's
nomination if be does not produce,
when called on by any reputable citizen
of the State, proper vouchers for every
dollar of the fund for which he is legally
accountable, ard We respectfully invite
the editors of the following named
among our esteemed contemporaries to
visit the Governors Office and inspect
the vouchers; The Yazoo City Herald,
the Nese Mississippidn, the Oxford Eagle,
and the Lexington advertiser.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

Does the Mercury doubt that the
Democratic party is competent to select
a suitable man for Governor, without a
previous joint discussion between
Gov. Lowry and Col Walker
RON.
No. And pray what in the Mercury
ever prompted such a question ?-Mer-
curry.
Then, pray, why do you insist on the
unnecessary spectacle of joint discus
sion?
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10
c. P. Nelson for appellant.
d. c. Bramlett for appellee.
HUGH L. DAVIS }
". ]. DAVIS.

W. J. DAVIS.
From the Chancery Court of Adams
county. Warren COwan, Chancellor.
Chanoery practice. Rights Of defendant
as to bill amended after ans,cer FLED.
ARNOLD, J.:
Appellee filed bill, alleging that he
and appellant, as partners in the bust
ness of farming, bought certain land,
which was paid for with partnership
assets, but that appellant had the con-
veyance made to himself, without the
knowledge or consent of appellee. He
asked that a one half interest in the
land be conveyed to him, and that an
account be taken of tie farming opera
tions. Appellant answered; and after
much testimony had been taken, and
the cause had been set down for final
hearing, appellee, by leave of court,
amended his bill in an important par
| ticular. On a subsequent day of the
| term an order of court was made, allow
| ing appellant to plead, answer, or demur,
responsive to the amendment to the bill
| only" On the same day, a demurrer to
| the amended bill was filed by appellant,
and was stricken from the file because
| it went to the whole bill. On the next
| day, a second demurrer was stricken cut,
| for the same reason; and appellant was
| given one hour and three quarters in
which to plead or answer. He thereup-
on moved to remand the cause to rules,
for the purpose of taking further testi-
mony, protesting that he was unable to
/ plead or answer within the time allowed.
This motion was overruled, and a final
decree was entered against him, from
which he appealed.
The court erred in restricting the
right of appellant to plead, answer OF
demur to only part of the amended
bill, and in refusing to allow him rea
sonable time to plead or answer. When
the complainant amends his bill in q
material matter, the defendant may
plead, answer or demur to the same as
if it were an original bill, without regard
to the state of the pleadings before the
amendment was made. The authorities
generally agree that any amendment oil
bill, after answer, authorizes the de
PENDANT to put in an answer making AT
entirely new defence, and contradicting
his original answer, if he desires to d,
so. And Code Z 1883 allows the defen
dant, in such case, twenty days t.
answer. Reuersed and remdnded, acitj
Ieore to plead, ans,cer or demur in Hirt
. daus from fling Of mandate.
Hugh L. Davis, Nugent & Melville
a for appellant.
T. Otis Baker, Martin & Lanneau
: Frank Johnston, for appellee.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10
CALVIN McGEHEE !
The STATE.

The STATE.
From the Circuit Court of Amite coun-
ty. J. B. Chrisman, Judge.
Assault ,cith intent to kin. Mistake as
to identity Of person assaulted no defence.
ARNOLD, J.:
Appellant was convicted of assault
with intent TO kill and murder Levi
Thompson, and sentenced TO one years
imprisonment in the penitentiary. At
a public gathering, ABOUT midnight, one
George Morris cut and seriously wound
ed appellants brother. Afterwards, Nor
ris started home, and appellant followed
him, intending. it seems, TO avenge the
injury TO his brother. Appellant over
him to be George Morris, attacked him
and seriously wounded him with q
knife. As soon as Thompson was struck,
he spoke, and appellant desisted and
fed. 1t was so dark that Thompson did
not recognize his assai,ant. Next morn
| ing, appellant admitted the assault, and
expressed his regret, at the same time
| saving that if it had been Morris, he
would have cut him TO pieces. Appellant
and Thompson were on very friendly
/ Terms. 1t Is uIgeu tIlal the luLeHl Cudt =
ed was not proved.
Thompson was the only person within
reach of appellant when he committed
the offence. He intended to assault thai
person, and the weapon used was found
by the jury to be deadly weapon. Hi
blows did not miss the object at which
they were aimed. He may not have in
tended to kill Thompson, but he wa:
properly convicted if he intended to xii
the man at whom his knife was directed
The mistake made constitutes no de
fence. If appellant did to Thompson
what he intended to do to Morris, he i
guilty, under the statute, as if no mis-
take had been made. Wharf. Cir. L.,
1879, and other authorities cited. Thi
is not in conflict with the settled doc
trine in this State, that ON charge
under the statute, of assault with
deadly weapon, with intent to kill an
murder particular person, it is nece,
tary TO prove the specific intent as lai
in the Indictment. affirmed.
w. P. Cassidy, for appellant.
L. 5. Ford, for the State.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

The Comptroller of the Treasury has
decided, against his own views, but in
accordance with decision of a former
Comptroller, that the debt due the State
of Mississippi by the United States on
account of the net proceeds arising from
the sale Of certain public lands located
in the State, cannot be paid because
there is a charge against the State for
direct taxes levied in 1861. Congress
sional action will be necessary to enforce
the views Of the present Comptroller
and overrule those 81 his predecessor
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

HID QUAR's STATE Ex. COM. 1EMOcRAI1C-)
CONSERVATIVE PATTY,
JACKSON, Miss, April p, 1855.
At a meeting Of the Executive Com
mittee held this day, it was, on motion
Resotred, That a Convention Of the Dem
Ocrstic-Conservative Party Of the State
Of Mississippi be held at the Capitol, in
the City Of Jackson, on Wedr esday. Au-
gust 10Th, 1885, at y o'clock NJ, for the
purpose Of nom mating candidates for the
Offices Of Governor, Northumberland,
Secretary Of State, State Treasurer, Audi
tor OF Public Accounts, Attorney General
and State Superintendent Of Pubic Edu-
cation, and for the transaction OF such
other business as may be deemed proper
Resolred, That each County in the State
il entitled to double the number Of votes
in said Convention 10 which it il entitled
in the lower branch Of the Legislature
unless otherwise Determined by the Con.
vention.
Resoired, That the State Executive Com.
mittee recommend thorough re-organza
ton Of the Clubs Of the Democratic-Con
servative party in the different counties o
the State.
Resohed, That the newspapers Of tn,
State favorable to the purposes herein Sc
forth, be requested 10 publish these resolu
tions.
OLIVER Clifton, Chr'm.
ID. p. PORTER, Sec'y.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

GEN. w. 5. RosECRANs, of California,
has been appointed Register of the
Treasury, in place of BRUCE, resigned
and New Yorker (name not remember
ed has been appointed Second Comp
troller of the Treasury. For these places
Col. X. II. Henry, of the Ledger, and
Col. W. III MCCARDLE, of the CONNER
cial-Herald, were applicants. If Others
were fortunate in securing the prizes,
they have the satisfaction of knowing
that they were strongly endorsed in
both cases, we believe, by the entire
delegation from this State
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

JOSEPH MCCAIN, of the New York
Herald and IRA SoMMERs of the World
had type-setting contest for $500.
They set for three hours, MCCAIN
putting up 6,325 ems of solid minion
without paragraphs, and SoMMERs
6,022 In the first hour MCCAIN set
2,l23 ems, beating the best previous
record of 2,064 ems, made by compost
tor AHRENsBURG some years ago.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10
Kinds County Convention.

In accordance with the resolutions Oh the Demo-
cratic Executive Committee passed at ameeting held
on the 9Th of May, cali Is hereby made for con
venton Of The Democratic Conservative voters Of
Kinds county 10 be held at the Court House in
Raymond on the fret Monday in July. The pur-
pose Of the Conventions 10 select delegates 10 the
State Convention. The several precincts Of the
county will hold their meetings the Saturday be-
fore the first Monday in July, Al O'Clock p. ~,
except in Jackson, where they will be held at
O'Clock =. ~, Friday before the first Monday OIL
July. The basis Of representation in the Couyeu-
ton viii be The same a. in last Convention, unless
otherwise ordered by the Convention to assemble
c. NJ. WILLIAMSON, Chm.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

The Commercial Herald publishes as a
fact that Secretary LAMAR is in favor
of Governor tLowRY's re nomination.
However that may be, we are advised
that former Governor of Mississippi
whose administration was above re-
proach and was known lar and near as
the best the State ever enjoyed" and
who "plucked allegiance from all mems
hearts and bound their affections to him
with hooks of steel" occupies a position
not unlike that attributed to Mr..
LAMAR.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

j. ii. AUFDEMoRTE, Republican Clerk
in the Sub-Treasurer's office in New Or
leans, has absconded. He is believed to
have defrauded the United States of at
least 100000 p. F. HERwIG, the Sub
Treasurer is able to make good the
deficit.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

In addition to the foregoing scholar
ships with the privilege of boarding in
the college, each county is allowed the
same number of pupils to be boarded in
the town, with the privilege of free
tuition in all subjects except music and
fine art. The conditions of admission
are that the applicant shall be fifteen
years of age, in good health and shall
furnish evidence of good character; also
shall be able to sustain an examination
in the grammar school studies, to-wit !;
Spelling, reading, penmanship, descrip-
tive geography, mental and practical
arithmetic, history of the United States
and English grammar.
Applications fer appointment must be
made to County Superintendent of Ed
ucation. Examination questions will
be sent to County Superintendent of
Education who are authorized to con-
duct examinations for admission. In
this matter the Board of Trustees and
the President repose confidence in these
important officers; when they conduct
the examinations on the questions sent
out from this Office and furnish the pupil
with certificate that her examination
thus conducted is satisfactory, she will
be admitted to the First College Glass
without further examination. This will
save the expense of any pupils coming
to the college and being rejected upon
the grounds of inadequate preparation;
it shows also the desire of the President
and the Board to do all in their power to
encourage the schools in the State, both
private and public, and furnish an incen-
tive to the girls TO be accurate and
thorough in the elementary studies.
There will be no preparatory depart
ment. The printed circular will be
ready soon this will be mailed promptly
to all County Superintendents of Educa-
ton and to any others who may apply
for it. 1t will give the general method
of organization, the diffez emit subjects to
be taught and an estimate of expenses.
r. w. JOKES, Pres't.
Columbus, Miss. June l. 1885.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10
He Must Have Been There.


Rolling Fork Pilot.
The mass-meeting to be held here on
the Sth If June will afford Gov. Lowry
= fine opportunity to explain away in the
presence Of his fellow-citizens Of Shar-
key county, the charges Of extravagance,
dereliction of duty, the little matter Of
the contingent fund, etc., that have
ben brought against him all over the
state. The people would be glad 70
Dear him On these questions. His organs
cant explain them for him
S<elne that the s.meeting instruct
l"F Sow IpwRr, II u fair " presume
NM plained away the charges.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

JUDGE DoN A. PABDEE has injoined
the payment of $4,000 appropriated by
the City Council of New Orleans for the
purpose of returning the Liberty Bell to
Philadelphia in regular hummer style
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

MINISTER PHELPS seems to be as pop
ular with the English people as Mr..
LOWELL was. 1t may be that "wars
and rumors of wars" promote this happy
condition of affairs.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

CAPT. RICHARD AGAR, a well known
citizen of New Orleans, committed suicide
on the 4th inst, by firing a 41-calibre
Derringer pistol through the roof of his
mouth, into his brain.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

DAVID r. Fairly, of LeaksvilIe,
Green county, supposed to be the assas-
sin of MILTON MCKAY, was taken from
the Jail by a mob and hanged
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

A child tossing in its sleep indicates
worms. An army of them are at work
eating the vitals away. One dose of Sbri-
ner's Indian Vermifuge will destroy them
and save its life. For sale al Iemlv's
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

The Hon. J. i. WALKER was in
Jackson few days since looking exact
ly like a candidate for Governor should
look-placid and hopeful.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10
S. T. BRowN J

From the Circuit Court of Copiah coun-
ty. T. ]. Wharton, Judge
Bills and notes. Detsaces against holder.
Code 1124 construed as to bills and notes
payable to order.
ARNOLD, j.:
The Union Bank sued Brown as maker
of a promissory note and acceptor of a
bill of exchange. The note was payable
to the order of I. l.. Catchings & Co. ::
the bill was drawn on Brown by X. Pen
rose & Co., payable to their order and
accepted by him. Before maturity, both
the note and bill were endorsed in blank
by the respective payees thereof, and
delivered to the Union Bank Brown
pleaded set-Off against the payees, exist
ing before notice of assignment. A de-
murrer to this plea was sustained
The demurrer should have been over
ruled. The plea brought the defence
within the terms of Code 1924. The
construction of this statute contended
for by appellee, excluding from its oper-
alton all instruments previously negoti-
able, would give but partial effect to its
provisions, which make no distinction
between negotiable and non-negotiable
instruments. An instrument of the class
referred to in the statute, when made
payable to bearer, is an express contract
with any person who may become the
bona tfde holder, and therefore is not
affected by the provisions of the statute.
Reversed
Joe Purser, for appellant.
ID. G. Conn, Calhoon d Green, for
appellee.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

GOV. 4. NJ. COLQUT, of Georgia,
delivers the annual address at the A. &
NJ. College next week on Wednesday
18th
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

The President and members Of the
Cabinet have concluded to deny them
selves to all visitors on Saturdays Cam
didates will please take notice
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

FRED ARCHER, the famous English
jockey Who visited this country during
the past winter, scored another Derby
victory on the Sd.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

JcHH T.. SULLIVAN, the noted pugi-
list, is being trained by French naite
de bni,ct, to pose as statuary.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

Columbus, Miss, June l, 1885.

This is mistake a. to Lee county, which has
larger number Of educahle white children than
any other county in Mississippi Dr. Jones made
superintendent ON Official statistics OF 1885, i'm which
typographical error gives Lee county only SO
white educabie ehildrHn, whereas tho total number
Is nearly 6oo0 Dr.. Jones informs as fbuf correc-
kian will be made receipt of reliable data Lee
county will he entitled to 1t least I'VE students ID
the GplIeEe.-EptToR CLARIoS.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10
THE LAST TocsfN SOUNDS
The Remnants of the Northwest War Being

gathered In.
WINNIREG, June 5.-Sergeant jackson, Of
the rangers at Medicine Hat. while out scout
ing thirty miles south of that place, met
band Of forty Indians, Surprising them 10
De Bioods, who are friendly, he made signs
70 them, but was answered by volley
jackson struck for cover and held the In
dians at hay until his ammunition was e1-
hausted, then he started for camp at Medi-
cine Hat Ma jor Stewart started on pursuit.
With his scouts, but no collision is yet re-
ported. The Indians are supposed to intend
a night attack on the men working on the
Calf railway and capture their stock.
1t is said that Indians are coming from the
southern line to join the Indians from
the north, which the rangers viii try TO pre-
vent A courier from Middleton arrived at
Battleford says Gen Strange has had en-
gagements with Big Bear, but the results
are not known. Middleton was three miles
from Big Bears camp, but the latter IS re-
ported to have gone further north. Big bear
sent flag of truce to Middleton, bus tos
messenger was killed b. shell
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

Mr. + G. Lee, sfannch aud talented
young Democrat II Madison county, Is 4
candidate for she Legislative honors u his
county.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10
Fire Record.

Little Rock. tArl..l woolen-nilis DESTROYER
by ire Loss, $4,000; no insurance.
Minnie Hogue, Akron, o., was prooaon
fatally burned by her clothing igniting iIu y.
2 piece OF phosphorus which she carried :"
her pocket.
a dispatch from DssMoines, Iowa, say ~. ~
International distiilerv. the largest ~ ~
world, was IN flames One man hao ~,
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

THE crop prospect throughout the
State is excellent at present.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10
Wednesday, June 10. 1885.
Democratic Conservative State Con-
ventlon.

HID QUAR's STATE Ex. CoM. DEMOcKAI1c-o
Conservative PARTY,
JACKsnN. Mf.s AnrI " 49,
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-06-10

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