davidaulloa/AmericanStories huggingface dataset:
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04

WE have copied P report of the speech
Of our immediate Representative, Maj.
BARKsDALE, at Hazlehurst, The State
election has interviewed since its delivery,
but its interest is not impaired thereby,
as the questions discussed are to be
settled by Congress and the Executive
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04

The trustees of the fund contributed
to Gen. GRANT, after his retirement
from Office, amounting to $3.50, 900, have
held a meeting and escertained that the
investment is safe, and is yielding an
income of $4,000 year. There was
not much necessity for the life pension
after all.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04
Pamela Redeemed.
| to THE CLARIoN.l

Special to THE CLARION.
sARDIs. Nov. 8, 1885.
The Democrats have carried Pamela
county by a large majority The Green
hackers and Republicans voted no State
ticket Every thing quiet and Democrats
happy. SOUTHERN REPORTER.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04

SENATOR WALTHALL reiterated the
views on public questions expressed by
him in his Coffeeville speech, at Water
Valley on the 31st ult. His audience
was enthusiastic.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04
SUPREME COURT CASES.
Reported for The Clarion. BY n. H. Parker
Atsorssy-stLa~, Jackson, Miss
October Term--Iss5.
SUSAN MONTGOMERY,

SUSAN MONTGOMERY,
Horace HANDY.
From the Circuit Court OF Madison
county. Hon. 7. j. Wharton, Judge
4etion for trespass Of stock. Judgment
for defendant: plaintiff aPlseafs.
ARNOLD, j.:
l. Under 2 9S4 of the Code OF loso
the owner of stock allowed 20 depreuat,e
on the premises of another, where potn
narties are cultivating land within a
common enclosure, is liable for the state-
tory damages; and in such case IL Is
immaterial that the fence constituting
the outside or common enclosure Is not
lawful one.
3. A bill of exceptions embodylpg the
verbal testimony of deceased witness
Is not competent evidence to show tna1
the witness testified on former trial.
81 Miss, $50. oao
8. Under 2 1907 of the Code OF 1851 .
claim may be assigned after suit brought
and the suit may be prosecuted TO
final termination in the name OF the
original plaintiff.
i. But in this cit is not shown
that the original plaintiff had any inter
est in the claim or the premises. AFirmed
G.. W. Thomas and w. ). Murphy, TO
appellant.
Calhoon & Green, contra
To be reported.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04
To the Farmers of Mississippi.
AGRICULTURAL COLLEGE.
Oct RI 1919

Oct. 80, 1885.
The A. and NJ. College of Mississippi
is now prepared to make reports of
he results of the work in the industrial
and experimental departments.
The industrial equipment embraces a
large farm, under cultivation, vegetable
gardens, commercial nursery, herds of
several breeds of cattle, working
Creamery, and we'll equipped Chemical
Laboratory.
So far as is practicable, the work will
be experimental, and reports of the re-
sults:obtained, whether successful or NOT,
sent to any paper published in the State
application. The experimental work up
to date includes, growing feed crops and
grasses. Ensilage, cotton seed and meal,
feeding, ielditests of fertilizers, thorough
culture, drainage, vegetable and small
fruit growing, milk and butter making,
determination of the value of feed stuffs
and fertilizers.
To advance the agricultural interests,
it is desired that farmers in the several
counties in the State communicate with
the College through their oranges,
farmer. clubs, or other organizations,
du4 suSktct HOIk tHdb may Dc u bDc
most practical value, and through whom
reports of results may be made useful.
S. ID. LEE, President
Col. T. r. SFocKDALE, the Tall Pine
of South Mississippi, was a visitor at the
Point last week, spending Thursday night
with Mr. w. Denny. Friday morning
he went on tour of inspection Of our
great numbering mills, first visiting Mr..
Denny's lower mill, and afterwards, in
company with the reporter, going over
to the big milling establishment of Mr.. L.
N. Dantzler. He was taken in charge
by those clever gentlemen, T. A.. Coulson
and Mr.. T. A. Cause and shown all the |
points of this great mill, and expressed |
great interest in its working. The Col
onel was well pleased with his visit to |
our city, and promised to get down our
way again before long. We shall always |
be glad to see him. Gulf Coast Adver-
tiser.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04
/. c. R. R. Co.

i. -. H. II. 10.
s. s WALKER.
From the Circuit Court of Madison coun-
ty. Hon I. j. Wharton, Judge.
Appellee sued for the value of two
mules, alleged to have been killed
through negligence in running one OF
the trains of defendant. There was a
controversy of fact as to whether the
company was guilty of negligence. At
the point where the killing occurred the
defendant had voluntarily fenced its
track on either side, in which there was
gap. known to the servants OF the
company, and through which the mules
entered, but there was no evidence tend
! ing to show that they were in any way
deferred from leaving the track by
reason of the existence of the fence. No
connection was shown between the kill
| ing and the fact that the track was
| fenced. The court instructed the jury
| for the plaintiff that, if the gap was left
open with the knowledge of the employees
of defendant, this of itself might be
considered in deciding whether or not
there was negligence, though proper
caution to prevent injury was exercised
| in the running of trains; and also that
| where a railroad company fences Its
! track and leaves gap In 1T, greater
degree of care is thereby imposed to pre-
vent injury to animals than if there
had been no fence. Instructions for
defendant stating the reverse of these
propositions were refused. Verdict and
Judgment for plaintiff.
. Opinion by CAMPBELL, j.:
1t is not true that where the road j:
fenced and there is gap through which
animals enter, greater degree of carr
TO avoid injury to them is required thar
, would otherwise be necessary. Tyler .
r. r. Co., 81 Miss, AS, does not 5,
!, decide In that case the track wa
d fenced and there was a gap, and we !hel'
that it should have been left to the jur,
to decide whether or not it was negli
: gence in the engineer, who saw oattl
= ahead, not to act upon the just assumF
d ton thatin attempting to escape throug
the gap they would attempt to cross tn
: track in front of the engine. In som
IS cases the existence of a fence and
e breach in it may be considered wit
other facts in deciding whether or nc
: due care has been exercised in runnin
IS trains to avoid injury to animals; but
d fence and a gap In 1T can not, per Sc, be
o ground of liability.
If the servant of the company at til
Il time of the killing used every care an
e precaution to prevent the injury, thei
l. is no liability. Reversed.
IS w. p. & J. B. Harris and Smith
DWELL, for appellant.
n G.. w. Thomas, contra.
n To be reported.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04

~SARDIs, Miss, Nov. 4, 1885.
10 Hon d. T. Porter, Chairman, State Elk. Com.
Pamela wheels into line with fifteen
hundred Democratic majority,
r. III TAYLOR
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04
The Cotton Market.

Prices during the past week have had
downward tendency. In New Orleans,
on Monday, middling was quoted at &c
in Jackson, at SIC.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04

GEORGE A. HEssoS, who was reared
in this city, has been appointed Surveyor
of the Port of Memphis We rejoice at
his good fortune.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04

SENATOR GEORGE addressed a large
audience at Magnolia Hall in Vicksburg
on last Saturday night.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04


property. 1t also empowered 1n e i ses'
ft;c;aries cor their legal representative san-
10 substitute trustee, IN cer1aia and
s; s. The deed was assigned, ana
the assignee appointed the appea,a sis
s-ustee and he took possession u va
mule. Appellee brought repieVih anu
recovered in the lower court.
oniuion by CAMPBELL, j.;
Tie ASSIGNEE of the note was not the
CT ~a,reseutativev of the payees, so
a. 70 he entitled to substitute trust.
a,dar provision in deed OF trus,
authorizing the pa,ees "or their iegai
conservatives to appoint another 'rus.
FEE An assignee claims IN MS own
s;obt and not in representative cnar-
acter. affirmed. NJ.
Haden & Dodd, contra.
ITO be reported
7. p. ALIEN, Trustee,
| From the Circuit Court OF Attaia couh
~ Hon. C. II. Campbell, Judge.
Under a Judgment against one Roberts
anpellee as plaintiff levied upon certalI
| personal property, which was ciai me,
nv appellant as trustee in trust dee'
given by the defendant to secure a deo
p Goodman & Co. The property ha'
remained in possession of the grant9,r, ),
Judgment for plaintiff, from whlei
the claimant appeals.
Opinion by CAMPBELL, j.;
| /. Zone boiler and engine, and sa'
mill. one log cart, one eut-oh saw, on
GUNNER. and tools belonging to tn
milln-giving the State and count
where situated-is void description
a deed.
>. A Judgment by default based on
defective return of process is irregql'
but not void, and can not be attacke
collaterally. So held in this case, q
0 claimant objecting to the INTRODUCING
j of such judgment in evidence on Il
f trial of the right of property levied upt
a Hereunder. affirmed.
e Allen & McCool, for appellant.
4 Haden & Dodd, contra.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04
DECISIONS OF SUPREME COURT
REPORTED FOR THE CLARION BY c. c.
CAMPBELL.
MONDAY. November ., 1885.

MONDAY, November ., 1885.
The following cases were Afamed;
4e6S-Calvin Nichols, Jr., ct al V. State
4q69-A. A. Folkes V. State.
4qSO-Ben Pope and ALT. Kelly V. State.
49e0-I. G. Fulton, " NJ. j. Hughes.
499S-C. u. Fuller, Trustee, V. j. L. Davis.
4999-.Jas. P. Allen, Trustee, V. +. DIeken.
50O0-W. B. Roberts V. f. Dicken.
50o3-C.. A. x n. r. r. Coy. Mccoy and
Clark.
5oo4-J. II. Leavepworth V. o. B. Crit
tenden.
5oo5-C. E. Hooker v W NJ. Shuster &
Sons.
5Ol4-Ex- Parte, John Henderson, Ou ha'
beas corpus.
The following cases were reversed and re
mdnded
4955-S. P. Forsee v. Alabama Grea
8 Southern K. X. Co.
497S-John Williams V. State.
5O07-Martha Eliza McGee. ct al, V. j. Z
Holmes.
5O0S Nelson Smith, ct al, V. w. II. Shell
ton.
5O12-W. D. Gibbs, Ex'r..v. T. c. Bunch
| 4992-L Whitherspoon and Johnson Har
ris, VI State, The judgment was reverse
1 y IL.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04
A. A. FoLKEs
V. =
The STATE.

1
From the Chancery Court Of Kinds
county, First District. Hon. T. J.
Wharton, Judge.
| The appellant was agent for J. G.
Redus, of Copiah county, in this State.
and sold lumber and shingles at Jack
son. Being indicted and convicted of
keeping "store" without paying a
privilege tax, he appealed.
The opinion of the Court is given in
full.
CAMPBELL, j.:
The word .sstore" is employed in 3
5S5 of the Code to designate place
where goods are sold. Although goods
are usually kept for sale in house, it
is not true that their being kept in a
house is necessary to constitute a store
| Therefore, the fact that the appellant
did not keep his goods in a house is not
decisive of his liability to a privilege
tax. The evidence shows that the ap
pellant is agent of J. e. Redus, of Copiah
county, and as such has charge of two
lumber yards in jackson, in which are
placed and kept for sale lumber, and
that he has not sold anything except
lumber and shingles, kept in open yards.
Redus places lumber in the yards for
sale, but how the shingles dealt in are
obtained does not appear Ii he manu-
features lumber and transports it to
Jackson for sale as his product, neither
he nor his agent for its sale is required
to pay a privilege tax for selling; but
it does not appear from the evidence
that this is the state of case. So far as
the record shows, Redus may be engaged
in huvino and selling INN her which h.
puts in jackson to be sold by the appel
liant, who. besides selling this lumber
where it is stored, also sells shingles
which he procures for SALE The purpose
of the statute is to impose a tax on
every place where goods are deposited
and sold by dealer engaged in buying
and selling goods. The producer Of |
goods may sell them at the place Of |
production or elsewhere, without paving
for the privilege of selling, but a dealer |
in goods not produced by him is required |
to pay for the privilege of keeping |
store. A6frnsed
Nugent & Melville, for appellant.
Z. S. Ford, Attorney General, contro. /
To be reported
G N. FULLsR, Trustee,
JL. D1vls.
From the Circuit Court Of AttaIa conn
~ Hon. G. H Campbell, Judge.
Appellee was the owner Of : mule |
apon which be gave trust (leeds which
tho trustee upon cerfsin
'onditions e take posssasion x tie
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04
Crystal Springs Meteor. !


Maj. Barksdale spoke at Hazlebur.+ 49,.
Monday. We have heard him bsfora i AZ ,
in our humble judgment this was cer,s; ~
the most satisfactory effort We ever -,
him make. His speech abounded ' v;S
practical and most forcible truths gI1
trated by examples so striking that tba-
left their impression on every mind ~.
the eth District has one of the abIest rs,,..
sentatives in Congress. Mai Barksdalsa-
this occasion displayed oratorical now
that fairly startled many of Us. his "a
friends, who have known him for ra.-,
He grew eloquent at times, beyond an W..
had ever heard from him before He n,
Dictated, as far as he thought consistent with
Democratic usage, the course of the PED.
eral Administration; counSeled unity ard
fidelity in the Democratic party TO time,
honored principles; was decidedly in favo,
of turning all Republicans out Of Office
and supplying their places with SOM.
Democrats. He favors the continued coin
age of silver. Everybody that we hear.
express themselves was well pleased.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04

cause it involved revolution 81.
fIonai monetary system of ~ 'Ae uadi-
The argument was elaborated :. country.
the speaker. but our space No. 'ength By
of even brief report of what ~ I. ADMIT
suffice it to say that his views , pa4 ne said
and hearty appreciation of the e tae fall
dience. le aH-
/ On the subject of removal ana
ments to Office, he cited the D.S ~pPoiai-
platform, and said it was utterl,' '!,'OcFatie
BILE for one party to carry the elsc .tii-lpoSsl-
for the beaten party to fill the ofF ;o-Oa and
| maintained that the only wav n -, he
Democratic victory a success. ana ',''As Tie
of genuine civil service reforr1 Weans
turn the rascals OUT" that ~ was to
President Cleveland was strong and ann am. IN
that if there were minor difFe-.,-o9iahg
could not afford TO fall out vitl S-ts' se
that account, nor to imperiI the I'm Oh
of the party in which the bones ~ esehe 'y
country are bound up, by internal ~ :. 'ae
sions. We must cling to the Ola = eiSsen-
the pilot at the helm would carry II, ana
into port. a'sAy
In reference TO the State election b.
not Indifferent to its importance =, NS>
was no opposition to the Democrats t.yie
ticket. as there was none In The y ' ''a'e
county ticket; but whether the ers-,- t'ae
fronted them boldly or laid in Ambush va 4
Democracy must preserve their orr; 'l'
! ton. In view of the blessings that -
Democratic rule, with each reyolvipr,.-e,'
| there was additional cause for tbapLss.s ca
that it had been established IN the ST.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04

1892 Lee Whitherspoon and Johnson Har-
ris, State, The judgment wds reversed
and appellants discharged.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-11-04
Hon. Wiley N. Nash at Ripley.

Hon. James T. Harrison, Chairman, &c
Columbus, Miss.
, 1885-10-10

lhuHny SUM-
A reporter Of the Sun rode over
the bedrock hume yesterday. The
work is being pushed without stint
Of means or men, and as fast as the
work progresses and room Is made
the force is increased. There are 2S5
on the rolls to-day, and by Monday
there will be over 800. The ax-men,
clearing the right Of way, are this
side OF Eagle and behind them,
stretching in a long and busy line Of
more than a mile In length, are the
graders, working in couples with
about 80 feet interval TO each pair,
pulling Up stumps and digging the
fiume wy to its bed. Behind these
again is force Of men leveling the
way for the reception of the sills,
and at this writing about mile Of
work Is finished and ready for the
boxes. A section Of these fume boxes
Is now completed at Eagle, and
gives one rather a startling idea Of
the immensity Of the undertaking.
There are two working boxes, side
by side, each 8 feet in hight and
with that will be rifiied through
out the line with railroad iron, and
next to these a clear water box Of the
same hight as the others and 4 feet
in width for supplying the engines
and Dlpes-all built together Of 2
inch planking, with double partitions
between the boxes and in sections Of
10 feet each for convenience in
haudling. The sections are to be
made at the sawmills, one Of which
will be placed at EAgie and one--POs-
sibly two--below. The first engine
is already ordered and is promised
to be finished and shipped by the lst
OF next month,
The hospital at Eagle, arranged by
this company, is now nearly COM
plete under the directions Of DR..
Littleheld, the surgeon and Physi-
clan Of the company. 1t isa comfort
able and substantial structure, aud
will be as perfect in all Its appoint
ments as can possibly be made, hav-
Ing an office, surgeons ward, sick
ward that will accommodate so men,
and kitchen and dining hall, now
being built. 1t is due Major Hop
kins and his able assistants to. say
that in our belief no better work was
ever done, under the difficulties and
in the same space Of time, than now
shows between the North Fork and
Eagle city.
, 1885-10-10

W. s. Wilson, Of Medical Lake,
who is interested in the manufacture
Of the Medical Lake soap, that is
rapidly winning popularity with the
housewives, was in the city on Mon
dFy accompanied by his brother,
Major Wilson, of st. Paul. The ma
joris also Interested in the works
and was so struck with the appear
ance Of the Falls that he at once ad-
vlsed the removal Of the works to
this city. We do not know what
conclusion the gentlemen came to
In the matter but would be pleased
II the company would favorably con-
slider the proposition. The major
claimed that 1t would be cheaper to
haul the reduced water to this city
and work It up than it Is to haul the
grease and other materials to Medi-
cal Lake, and then turn round and
haul the manufactured articles to
this city for shipment
, 1885-10-10

Several skilled workmen in wood
In our city have combined together,
and, under the name Of the Spokane
manufacturing company, have OPEN
ed out business in the row Of frame
buildings on Post street, between
Sprague and First streets. The one
chief article now made is a tanning
mill for the cleaning Of grain. The
firm has started In to make a mill
that will compete, in points Of ex.
cellence, with any mill of the kind
made, and besides at prices at which
the eastern manufactured article
cannot be sold. Our farmers have
long felt the want Of a cheap and
serviceable tanning mill. 1t is an
article that is almost indispensable
on a farm, but, on account OF the
high figures they have been held at
heretofore, very few mills are
around in the country. The Spo-
kane manufacturing company pro-
poses to fill this want and, il success
attends the undertaking, other arti-
cles OF a useful character will be
manufactured. We wish the boys
good luck In the undertaking and
hope to see the company one Of the
solid institutions Of the city 10 future
years.
, 1885-10-10

ST PAUL, MINI, Oct A terri
Bile accident happened on the Fergus
Falls branch Of the Northern Pacific
railroad, seven miles west Of there,
this morning, hy which five men
lost theirlives, and thirty or forty
men were more or less injured.
John RobinsOn's show left Wahpe-
ton, OAK, for this place in two see-
tions. When within seven miles Of
Fergus Falls, near small place
named French, the head or baggage
section broke In two while going up
a heavy grade, and ten or twelve
cars went flying back at a terrific
rate. On the rear train were three
sleeplpW cars occupied by workmen,.
over 800 in number, all of whom
were sound asleep, and not aware Of
the impending danger. The cars
which had broken loose increased
their speed as they approached the
second or cage section, and probably
had run a mile before they struck 1t.
The engineer of the rear section saw
the cars approaching, but only had
time TO stop his train before 1t struck
him. The brakenen on the loose
cars tried T., put on the brakes, but
they had difficulty in running from
car to car, on account Of the wagons,
which impeded their progress.
Had the engineer OF the rear sec
tion only a moments more time, he
could have backed his train and
avoided the calamity, but 1t was too
late, and the cars struck his engine
with tremendous fOvee, throwing the
three sleepers from the track and
mashing theJn beyond recognition.
The result was soon apparent. More
than 100 men were buried in the de-
bris, and the scene can hardly be de-
scribed. The night was fearfully
dark, and the groans Of the men were
appalling.
The people In the rear section at
once began the work Of removing
the men, live of whom were found
dead and many others wounded and
bleeding. Wor,l was at once dis
patched to this city, and train in
charge Of Superintendent Vining at
once fastened to the scene, and the
dead and wounded were brought to
this place.
The work Of removing the men
from the debris wasa sorry task. A
man alive and uninjured was taken
from under two dead ones, and it
was simply Il miracle that he escaped.
Following is the list Of the dead:
George Krause, Cincinnati; Roberts,
first name unknown, Dakota; Chas.
Wallace, Joined at Portland, Or, an
tecedents unknown; James Watson,
Cincinnati; Samuel Blair, COlfax, w.
T., antecedents unknown.
, 1885-10-10

The editor Of the Dryton HIcnker
recently visited our city and, on his |
return, had this to say, In an article
on his trip:
"From Ritzville to Spokane Falls
there is plenty ofland that win make
good homes for industrious settlers.
We arrived at Spokane Falls at 1890
AM There is one thing that at
tracts the attention at once in that
city, and that is the strong faith the
citizens have in the place. Every
one seems to te satisfied that SpO-
kane Falls will always prosper. A
few persons become very enthusias-
tic and talk large, but the majority
Of them discuss questions pertaining
to the clty'sadvancemens calmly and
phllosOphlcally. The Improvements
now under way are Of the most sub
stantial character. The great water
fall is being utilized and the pros
pests are good for making the city a
manufacturing center. The river
does not fall over one siHgle perpen-
dicular precipice, but is. rather Sc
ries Of cascades. The river divides
above the town into a number of
branches, these again sub-dividing,
thus forming a group Of islands adj
jacent to, the town. Amongst these
islands are rapids and cascades, form
ing an extremely picturesque and
park-like place. The citizens of the
place feel great deal Of interest in
the Colville mines and expect to de-
rive a great deal Of business from
them, "Grub stalking" seems to be
quite fashionable. And, II expecta-
tiOns are realized, there will be some
of the richest men In that country
that the world has ever seen. The
people Of the Falls seem to have but
one grievance, An attempt to build
gas works was a failure. From all
accounts, it was not their fault. An
outside speculator undertook the job
but his purse was too short and he
failed. Arrangements have been
made for lighting the city with cleo
tric lights. Taken all in all, Spokane
is more Of a city than village"