davidaulloa/AmericanStories huggingface dataset:
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09
WALTER OWENS, }
VS.. 7
The STATE.
Tor the State.

The STATE.
Appeal from the Circuit Court of War.
rem county. Hon. Ralph North, Judge
Walter Owens was indicted for the
murder of one David Martin. He was
tried and convicted, and thereupon pros
ecuted this appeal. On the trial, the de-
PENDANT offered to introduce proof of the
substance of the testimony which one
Swartz had delivered on previous trial
of this cause. on a writ of hdbeGs corpus
1t was shown that writs of subpoena had
been issued for Swartz, out that he was
out of the State. The court refused TO
admit proof of such testimony.
The first instruction given for the
State was as follows: 'The court in
structs the jury, for the State, that they
may consider the interest of any
witness who has testified in this case,
and the motive that such witness
may have had to testify falsely, and that
they are at liberty to reject the whole or
part of the testimony of any such wit
ness, unless they believe from the evil
dence that such witness has been corrob-
Grated by the testimony of other cred
ible witnesses" The defendant was in
troduced and testified in his own behalf.
ARNOLD, j., delivered the opinion of
the Court.
Held-That as legal proposition the
first instruction is not true. Without
confederation, the jury might accept the
testimony Of such witness as true in
whole or in part, if they deemed him
worthy of credit, or from such interest
or motive they might disbelieve him, if
in their judgment he had on such ac-
count testified falsely; but there is no
authority of Law for the declaration that
the jury may arbitrarily disregard the
testimony of any witness, unless he is
corroborated. The jury are the judges
of the credibility OF witnesses, and they
must determine from the facts and cir
cumstances in evidence, what estimate
they will place on the testimony of wit
nesses; but in doing this, they exercise
or should exercise their Judgment, and
should not be guided by the mere die
tates or impulses of the will
The proposed evidence to show what
the absent witness Swartz had sworn on
the habeas corpus trial was not admissible.
1t is well established that the testimony
of a deceased witness, given under oath
in judicial proceeding, between the
same parties, on the same issue, is compe-
tent tor either party, when the party
against whom the evidence is offered
had an opportunity to cross-examine the
witness on the former proceeding
But whatever may be the rule in civil
actions, as to the admission to prove what
was sworn by a witness on former trial
between the same parties, where such
witness is alive but has removed from
the state, or is beyond the Jurisdiction
of the court, such evidence is excluded
on criminal trials.
L. w. Magruder for the appellant.
I. M. Miller, the Attorney General,
for the State.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09

THE Louisiana Legislature is wrest
ling with the question of railroad super
vision. Nothing new has been developed
in the argument for or against. The
anti.supervisionists claim that the pro-
posed law is un Constitutional and the
supervisionists refer to the decisions of
the Supreme Court of Mississippi and
the United States.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09

OF $50 delegates elected to the Ala
bama Democratic Convention, the Mont
gomery Advertiser apportisns the vote
among the candidates for Governor as
follows: Clayton 1853; Dawson 201; Nc
kleroy 159; Seay III. The convention
will be composed of 722 delegates, and
the two-thirds rule will probably be
adopted. Who can foretell the RESULT
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09
Defeat of Home Rule.

The second reading OF the home rule
bill was defeated on Monday night by a
vote OF 81 to 34l, after which the Com
mons, on motion Of Mr. Gladstone, adj
i0urned till Thursday.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09

TIE bill authorizing the President to
ascertain the actual losses sustained by
Cinnamon by the riot at Rock Springs,
Wyoming Territory, in September, 1885,
and appropriatirg $4,000 to pay such
losses. has passed the Senate by vote Of
80 yeas to 10 nays. Judge George is re-
corded with the minority.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09

THE sixth annual catalogue of the
A. & NJ. College shows a total enroll
ment of 4l5 for the session of 18S5-'S6,
as follows Seniors, II; Juniors, 49,;
Sophomores, 40; Freshmen. 20; Senior
Preparatory, l43' Junior Preparatory,
81; Irregular Courses in College Glasses,
tS
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09

The news received in this city on Sat
urday, and telegraphed from New York
10 the evening papers of that date, that
Henry Ward Beecher had died suddenly,
was not warranted. Mr.. Beecher is en-
toying his usual good health.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09
OFFICIAL COUNT.

NoTE.--Since the foregoing was put in
type, we received similar statement from
w. F. Stevens, Chairman Prohibition
Executive Committee of Perry county. who
or wild enthusiasm in the election. Every
thing passed quietly and smoothly by,
while the voters seemed unusually deliber-
ate and conserv ative.n
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09

TIE Lake Borgne outlet bill and the
report thereon has been recommitted.
As we predicted, Senator George ex-
pressed his emphatic disapproyal Of
both
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09

MAXWELL has been found guilty OF
murder in the first degree, and will
doubtless hang for the removal" of
Preller
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09

MARTIS IRoS's tool-chest has been
seized for debt of $50. This might
lie called the irony Of hate.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09

The jury in the Maxwell murder case
agreed to q verdict Of guilty on the
morning Of the 9Th Sentence was sus-
pended TO await the result of motion
Tor a:new trial.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09

The oleomargarine bill passed the
House on Thursday-yeas 1T, nays l01.
Messrs. Allen, Barry, Barksdale, Nor.
gan and Singleton, voted yea, and
Messrs. Catchings and Van Eaton, nay.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09

Col Hooker delivered an eloquent speech
A. the hotel last Tuesday night. 1t savored
considerably OF protection views, he re-
marking that he was glad to be classed
with Sam Randall -Wesson Times.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09

miss Rose Elizabeth Cleveland vii,
49, q reside permanently in her ald
In. ..G,ae g holland Patent, N. Y. where shs
H'il devote her time to literary WORK s''
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09
Miss1ssippians in Washington.

Col E. l.. Russell, OF Mobile, thus
gives his impressions to a reporter of the
Register of some Mississippians whom
he recently met at the National Capital
DEPARTMENT OF THE INTERIOR.
cit is the Judgment of those ia posi-.
ton to form an Intelligent opinion, that
Secretary Lamar has, in the manage
ment of the Department of Interior, ex-
ceeded the expectations of his most ar
dent admirers and friends. His ripe
craftsmanship and accurate knowledge
of the theory of our government, coupled
with clear intellect and absolute devo
ton to duty, enables him to compre
bend the largest, as well as the smallest
details connected with or incident to the
Interior Department. In the admins
tration of the affairs of this department
of government, be has evidenced, not
only an aptitude for employing the best
known business rules and methods, but
a capacity for conceiving and formulat-
ing new rules of procedure, whereby
the best possible results are secured.
His known integrity and fearless per-
Torrance of duty, has struck with dis
may those who have heretofore preyed
upon the public lands, etc.
Secretary Lamar is ably supported
in this department by the faithful, in
telligent and incorruptible First Assis-
tant Secretary, Col Muldrow. He is
thoroughly acquainted with public
affairs, having served continuously ten
years in Congress. He has experience,
sound judgment, and can always be
found at the post of duty.
The Hon. John NJ. Allen, better
known az
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09

r HoiMEs has been confirmed as
postmaster # Natchez.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09

The fund to build a monument to
Gen. Hancock amounts to a., 464.50.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09
PRIVATE ALLEN,

of the First Congressional District of
Mississippi, has pursued a very wise
course since he has been q member.
Congress has been in session about six
months, and during that time he has
only made two short speeches, full of
pith and point. If a new member
desires to be in position to better serve
and promote the interest of his constitu-
ents, and not himself, this is the wisest
course possible to pursue. Mr.. Allen
has been very attentive to business,
studying and watching the methods and
cured or defeated. He is member of
his colleagues of the committee speak in
the most complimentary terms of his
work and usefulness concerning the i'm
portant business brought to the consid-
GRAFTON of this committee. Mr.. Allen
despises all tricks and shams, and scorns
to resort to such means for the purpose
of promoting his political advancement
or preferment.
AussIssIPPI's NEW SENATOR.
'The people of Mississippi made a
wise selection in their new Senator,
General Walthall. Taking the place of
the brilliant and gifted Lamar in the
Senate at once drew upon him the at
tention IF the leading men of both
parties. And everything he saws or
does as Senator is critically examined
and clio ely scrutinized. His colleagues
furnish evidence that he has fully met
the demands of the exacting situation
in which he found himself so suddenly
placed. There is not a more methodi-
cal and systematic worker in the Senate.
he says that concentrated industry and
thorough investigation are the only
reliable means of securing practical
results for constituents and necessary
Gen. Walthall is graceful in his
manners, and commanding in his per
sonal appearance, and a LAWYER of the
highest legal attachments. Clear. direct
and lncisiye in his statement of facts
and principles. His speech upon the
interstate commerce bill was so full of
thought and suggestion, that it attracted
wide spread attention
MIssIssIPPTs REPRESENTATIVES.
The Hon. F. G. Barry, of West Point
has been so devoted to his
legislative duties and looking after the
varied interests OF his constituents in
the departments that he has really i'm
paired his health.
"Messrs. Barry, Morgan and Catch
ngs, all new members from Mississippi,
are intelligent, Woodworking and useful
members, and their constituents will
advance their own interest and the in
terest of the country generally by re-
turning them to Congress.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09
Speech of Hon. ]. B. Morgan

The House being in Committee OF The Whea ana
having under consideration the Iill IT, L $500
fining butter. also imposing tax upon and r.-.
lating the manufacture, sale, importation. ana "a,
portation of Oleomargarine--
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-06-09

Chapter OF the Order of Eastern Star
was organized in the Masonic Hall In
Natchez last Friday nigh.. The officer.
elected were installed by Special Deputy
Grand Patron J. l.. Power and is the first
chapter In the State under the auspices
and jurisdiction OF the General Grand
Chapter OF the United States. There are
now fourteen State Grand Chapters, and
the Order has been established in eighteen
other States and Territories, the aeeregata
membership being about 5000. Master
Masons and their wives, widows sister
daughters and mothers are eligible to mem,
bership. - " ~ Gun
A Vicksburg telegram to the Picavnne
dated June Sd, contains the follow;nay o une'
pllmentary notice of faithful and efficient
officer
Mr. w. E. FIippen. the efficient and
popular manager of the Western Union
ieisgraph Company, completed his TWEEN
.leln year In that capacity at this place
To-day. During this long service he has
been only twice absent, and then ONLY fo,.
brief periods. He remained here tbronorb
out the epidemic of 1873, and for more
. I'M month of that trying time did All
'ne work alone. To do 80 he took b;s
meals and slept in the Office. After the
ePioenic, IN appreciation of his services
the citizenS presented him with a hard
some diamond medal.
Inc refusal OF the vicksburg Fair Asso-
ciatlon to pay the Yazoo CITY Silver Co...
net Band the prize of $500, offered by i -
g prize for the best band at the late Inter
state drill, has caused considerable ;nd;,-
nation in Yazoo City.
The Band denies that the contest was
declared of, as the Association asserts ID
\, ,ss members, while in Vicksburc. stated
mat II was understood the prize wonld he
waiaea whether any band offered to com
PETE Tor 1t against them or not. = NoA
!. Inc occurrence of any dispute il much
=; = e regretted. but since it has occurred Il
he nriv.,s y s1a'e that the controversy is
ana inc Band, and that as they fiatIv con-
radict each other they must have ara IL
their mutual agreement e
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-12-29

The BILL TO LIGHT THE SAcRA MENTo
AND SAN JOAQUIN RIvERs.-A favorable re-
port has been made by the Lighthouse In
spector upon the bill recently introduced
in Congress by Representative Morrow,
authorizing the expenditure of $4,000 for
the establishment of lights on the Sacra-
mento and San Joaquin rivers. The bill
was presented on the 18th instant, and was
read twice, referred to The committee and
ordered printed. 1t will undoubtedly pass
in short time. The Inspector has recon-
mended that the system adopted should be
similar to that on the Columbia and Will
annette rivers, which consist of stake lights,
bGoys and beacons. The commerce of the
Sacramento is increasing rapidly instead of
diminishing as on the Eastern rivers, and
no adequate encouragement has heretofore
been given by the Government. & project
of Congressman Mckenna's to define the
channel in Suisun bay with buoys, has also
been fayorably entertained by the Inspec-
tor. Some time ago the Southern Pacific
and South Pacific Coast Railroads petit
TONED the Lighthouse Board TO take charge
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-12-29
WAR POSSIBILITIES.

1t seems to be more question of which
European nation shall take the initiative
in aggression, than whether war shall be
avoided. The powers do not arm except
with the probability of war in view. The
fact that France has been steadily perfect
ing her military system for four years is a
case in point. That preparation was not
the hurried act of a nation alarmed, but
having inview deep schemes of annexation,
by recovery of lost territory. Germany
has simply put both these construc-
tions upon military activity in France.
That Russia has never given up
her plans to seat Gar in Constanti-
nople is true, and that she will find excuse
fer hostilities, if needs be, to that end, is
certain. 1t is altogether probable that
Waldemar will be placed upon the Bull
garian throne. The RECORD UNION is ad-
vised by reliable European correspondence
that his declination, and the objections of
the Danish King, were all assumed, and
lack sincerity-that, in short, this apparent
dissemination is a studied part, and well
understood by Car, who in the person of
Waldemar would have a convenient agent
to forward the ambitions of Russia, and
weaken the defense of the approaches to
Roumelia and the city of Constantinople.
Greece awaits her opportunity to lay anew
her claims to Macedonia and Thessaly, and
the Car is SO acting as to encourage her to
make an aggressive demand. Russia would
thus play" King George upon the one
side as provocative to the Porte, and on
the other would set up Waldemsr, the
brother of George, as convenient and
willing agent to open the path through
Bulgaria. Germany encourages Austria to
absorb the provinces southeast of her, even
to the Grecian border, that she NAV be
left free to her devices in another direc-
ton. Italy is her ally in her present atti-
tude toward France, and will be hand-in-
glove with Austria, Germany and Turkey
as against Russia and France. The Porte
is to be taken under the paternal care Of
the German tribes, and England win be
forced to stand by the alliance for protec-
ton of her own interests. All this appears
now to be probable; it is the promise of
the times, and may give us a war situation
with Russia and France allied-at least in
sympathy-and Austria, Germany, Eng
land, Italy and Turkey combined against
the Gar
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-12-29
TELEeRAPHIC BREyITIEs.

The report of the Cars insanity is de-
MED.
John C. Emo, New York defaulter, has
returned from Canada.
The strike on the Reading Railroad is
increasing in magnitude.
VIM. K. Soutter, of New York, is accused
of converting to his own use $1S0,000 of his
grandfather's estate.
Two fine steamers and their contents
were burned at Cairo H., yesterday. The
loss will foot up 81 100000.
The Secretary of the Treasury has issued
a call for $l0,000.000 of per cents. The
call will mature February LIST.
Timothy Mullen was thrown from We
hicle near San Rafael. on Monday, and
killed. He leaves wife and child.
The Grand Army Veterans at Los An
geles will protest against the removal of
the annual encampment from that city.
There is a movement on foot in the
South to boom Henry Grady into the can
didacy for Vice President, at the next cleo
ton.
Judge Freer, of Butte, has decided that
defaulting Treasurer Morgan's bondsmen
must make good the entire loss sustained
by Butte county.
In the event of Lord Harrington refusing
to take office, it is now expected that Lord
Carnarvon will be asked to accept the Sec
retaryship of the colonies.
E. Tucker, of Oroville, and D. n. Honn.
of Redding, delegates to the Chicago Citrus
Fair, passed Ogden yesterday Ell route to
the Citrus Fair at Chicago.
Frank Hickey, who was charged with
| the forgery of telegram, was taken TO the
Utah Penitentiary Monday evening, his
| bondsmen having withdrawn.
| 1t is rumored in steamship circles that a
conference to restore steerage rates to Eu-
| rope has been proposed. Nothing definite
| has been announced. The rate continues
at SIS both ways on the English lines.
Jaques CABOT who has been California
| mining man since 1850, and was reported
killed by the Apaches, with bis nephew,
Gilmanrax, last August, returned to No
gales, A. T., on Monday, in good health.
Daniel F. Beatty, the once wealthy or
gan-manufacturer of Washington, n. j.,
| was a prisoner on Monday before the
United States Commissioner, VIM. Muir
head, in Jersey City. He was accused of
using the mails for improper and fraUdu-
lent purposes.
Yesterday, in st. Louis, the water tank
| on the refrigerating house of the Helm
Brewery fell through the root, killing John
Keefer, an employee, and breaking the pipes
so as to liberate quantity of ammonia gas,
| which was inhaled by two men whose
names are not known. 1t is feared they
will die from the effects.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-12-29
NEWS ,eF THE MORNING.

EAsrERS.-S are rolling IN
for fund for General Logan's family.
In Washington l 800 children yesterday re-
ceived Christmas fts......Anxiety is felt at
Washington regarding the health of Justice
Woods..-...Four men were killed at ball
in West Virginia The Presidents con-
dition is approximation desperadoes
are surrounded in house near Twohig,
Tex. and have shot two ofioers......T The
wife of Haight, the express robber, has
been arrested 1.-THE funeral services OF
the late General Logan will be held in the
Senate Chamber on Friday, after which the
body will be temporarily placed IN the
vault at the Rock Hill Cemetery.
FoEEIGx.-The Marquis of Salisbury has
no intention of resigning the British Pre-
miership...... 1t is said the north of Ireland
Protestants are favoring the home Parlia-
ment measure. The British Parliament
will not meet till February Vigorous
measures are being taken to combat the
cholera in Buenos Ayres...... Three men
were lost from the American bark Lillian
during recent gale......A policeman at
Lyons snatched a bomb from under
church and extinguished the blazing fuse.
PACIFIC CoAsT.-The female fire-bug of
Cottonwood will be examined at Shasta to-
day.. jacksonville is infested with bur-
glars..... Rain fell at various points yester-
day..The Frankels and Blauvelt, of
Virginia City, New, have been indicted for
enlightenment.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-12-29
TEE g HOME SEEKER.

The immigration Association of Nor tn.
ern California is now preparing to Issue
the December number OF the "H0ME
SEEKER" 1t is TO be enlarged, and
fully illustrated with photographic views
of Northern California. twill contain
practical information of the resources
and advantages of the Northern Coun.
ties. Authe proceeds fthis publication
viii be devoted to the carrying OF OF
Immigration work. We appeal to the
business men of the Northern part of the
State to give it their advertising sup.
port. By SO doing, the work of bring.
ing an Increase of population to the
State will be carried or. At Ogden
copy viii be put In the hands OF each
incoming passenger. In addition to tbs,
several Thousand copies viii be dis.
tributed on the trains leaving Chicago,
In order TO attract the settler intending
to settle in ether States and Territories.
Give the 'SH0ME SEEKER'' yonr sup
port. Central and Northern California
Immigration Association, 6a9 Second
street. ap7-tf
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-12-29
HER HUSBAND.
a Wife who Thought Herself Too Literary
for Him.


A Wife who Thought Herself Too Literary
for Him.
It is amusing and sometimes disgusting
to hear some women talk of relatives or
friends as not being congenial." wife
who makes such declaration about hus-
band shows not only poor taste, but a lack
of discretion and good sense, that is omi-
nous for the future. The degree of con-
geniality is never increased by such I'M
wifely discretions.
Ny husbands a real good man, a pro-
wider, stiddy as clock, and all that, but
in some things we amt bit congenial, !"
said a garrulous woman to friend.
Upon what do you disagree?" was
asked.
well, mostly about our reading"
why, how so ?"
"Well, the fact is, Pm too literary for
john"
"Indeedr'
"Yes, John amt bit literary. Now 1
always did run to literayness. | Just believe
l could write"
i Did you ever try"
Yes, I've wrote two or three poems.
They rhyme right straight through But
John he just laughs at me. He saws a
woman with four children and only poor
carpenter for husband amt got time to
write poetry or be literary. There isn't
the first literary streak in that man. Now,
I'm the greatest reader"
Does your husband dislike books?"
ooh, he likes to read the papers, and
says he thinks its his duty as a voter to
keep informed in politics; and he reads
about the labor question, and he's got some
old histories and book called Macauley IS
Essays and he's forever reading. But
when it comes to being literary John amt
there"
What do you read Pr
"Oh, read every scrap of poetry in the
newspapers l can pick up, and often have
four or five novels on hand at a time. am
reading one now, called Millicent,' the
Mad, Mad Maid of the Mist and | take
four splendid story papers and borrow two
more. Is'pose mebbe I'd be more happy
if wasn't SO literary.
And. of course, John can't appreciate
my tastes and my kind of reading. He amt
literary enough for it. And so we amt a
bit congenial. And / sometimes think il
would of been better for John if he'd mar
ried woman less literary than me. It's
dreadful to be SO literary when your hus-
band amt a bit that way"
Yes-dreadful for the husband Youths
Companion.