davidaulloa/AmericanStories huggingface dataset:
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28

Arnold Jordan, Plaintiff in Error, vs. The State
of Florida, Defendant IN Errur-Leon county
McWHoRTER, G. j.:
l, A motion in arrest of judgment Is only
available 10 reach errors which are apparent up
on The record.
2 When AN indictment contains gsH,d and bad
counts, and there is general verdict of guilty
readered upon the whole, judgment and sen-
tence " i'll be sustained ii the Indictment con-
ta;ns one count in which the offence Is adequate
ly set forth.
g. The order and method for The submissiOa'of
testimony toa jury is 10 the sound discretion y
the presiding judge, and new trial will not be
granted because the judge permit further tes-
timony to be introduced after the evidence had
been closed ON both sides and argument Of
counsel had commenced, unless it be shown
that the prisoner was prejudiced thereby in some
other way than by its mere irregulariiy.
4. Under chap 3413 and chap. S416, Acts 1888
a single act Of selling spiriuous, vInous or NAL,
liquor without having first obtained license 10
a violation of the law.
5. When person Is charged in an indictment
with unlawfully carrying on the business Of u
dealer 10 spirituOus liquors for which q State
license is required by law without first having
obtained SUCH license it is unnecessary TO state
the names of persons to whom sales were made.
g. An expression of opinion by juror during
a recess of the court, and while the trial was
pending, as to the guilt OF the prisoner, while
reprehensible conduct, is not sufficient cause
to set aside the verdict unless it appear from
such expression that such juror had a previous
opinion, irrespective of that derived from the
evidence submitted.
Affirmed.
Raney, j., not sitting.
r. B. Hilton, for Plaintiff in Error Attorney
General, for Defendant in Error.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28
VOLUME ?, FLORIDA REPORTS.

have had Vol. reprinted at the FLoRIDIAN
OFFICE. The work is neatly executed, ON good
paper, and is for sae-b bound or unbound.
Address the undersigned, Binder and Dealer
in Law Books Tallahassee, Fla.
G. A. BRYAN JR
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28

IN PURSUANCE OF LAW HEREBY DE.
Il signate the following places in each of the Eec-
tion Districts OF Leon county, and the respective
registration officers, where, and before whom the
voters OF said county, entitled to register, may be
registered between tie hours of nine and two of
ednesdays and Saturdays of each week from this
date until ten days p evious to the election, (Fri
Gay, the I'D day of October, at 2 o'clock p M }
when the registration will be closed: >"
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28
District No. Ia.

Bounded moth by Tallahassee and that part of the
st. Augustine road between the corporation line Of
the city OF Tallahassee aud the Florida Railway and
Of said railroad to the eastern boundary OF said dis
trict, the east by township l, range 2, g. and E.
the south BY township 2, range /, 8. and E., ON
the west by the st. Marks Railroad. Registration
dera0n mill
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28
William H. Logan, Appellant, vs. Geo. A. Lngal
ct ais, Appellees-Jackson county.

McWHoRTER, e. j.:
l. A judgment creditor may proceed at law to
sell under execution lands or property which his
debtor has fraudulenily alienaied, which are sub
ject to execution, but the existence Of this right
does not interfere with the right to- resort To a
court Of equity to set aside the fraudulent con-
veyance
O. Where judgment creditor files a bill in
equity to vacate an alleged fraudulent convey
snce of property by the judgment debtor and to
subject such property 10 sale under his execution,
II the title had been in the debtor, II is sufficient
II the bill allege the existence Of a common law
judgment and execution in favor of or owed by
the creditor.
g. The creditors of party defrauded have no
right, even though the fraud has the effect to d.
minsh or destroy his means OF paying them, 10
bring suit against the person who defruuds their
debtor for the Of the property of hich
the debtor was defrauded to the payment Of
their Judgments
T. In such case, while the creditors have no
rights on account OF the fraudulenty procuring
the debtor to make the mortgage, yet il the mort
gage, when executed, contains terms or stipula-
tions which, in effect, are fraudulent and pr'judi
cial 10 the creditors, such creditors may resort to
court Of equity to vacate said mortgage
g. The statute of frauds Q3Ih Elizabeth) refers
TO legal, and not 10 a moral intent, and when
the legal effect of conveyance is TO hinder or
delay creditors, the intent will be presumed re
gardless of the actual motives of the parties.
o. mortgage OF n stock of goods by the owner
thereof, under which the morigagor Is permitted
by the mortgage TO sell the goods at his discre-
ton, or in the usual course of his business is
fraudulent and void as to the creditors of the
mOrigagor.
Quere. Where mortgage on a stock of mer
chandlse, which is held to be fraudulent, includes
other property, is said mortgage void only as TO
the merchandise, or is it void in totos
Decree reversed.
John W. Malone, for Appellant; Lid,lon &
Carter for Appellees.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28
District No. IL

Shall embrace the north half of Tallahassee being
that portion of the city lying North of McCarty
200 foot street. Registration officer w. T. B. Chill
ders. Place OF registration, Kempers stable.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28
District No. 13

Shall embrace the south half of Tallahassee being
that part of the city lying south of McCarty 200.
foot street Registration officer, j. A. Crichlow.
Place of registration at County Clerks Office
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28
District No. IL.

Bounded as follows, viz: On the north by Districts
Nos. 9 and 10 and Lake jackson. on the east by
the south byDistrict No IL and the F. ;. .SN Co.'S
T. R. and on the west by the f. r. q N. Co.'S r. r. and
the Ocklockonee river. Registration officer, ]. P.
Roberts. Place of registration, at j. P. Roberts
hOuse
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28
District No. Is

Embraces township 1, range 2, 8. and E., and the
north half of township O. range ., g. and e. Regis
traton officer J. J. Chaires Place Of registration,
at Joseph Chaires' house.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28
District No. !.

Comprised in that portion of the county lying north
OF l. Ike lamonia and its Sloughs, and west of the
Tallahassee ee and Townsville road from the Georgia
line by jeff Browns store to the Iamonia Slough
Registration officer w. C. Cromartie Place of req
istration, at Bells Store
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28
District No. 16.

Bounded on the north BY Districts Nos IA and Is,
on the east by Je6erson county and District No. 16
g. Marks Railroad. Registration o6lcer B. r Ps1o
Place Of registration, at the White Church.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28

Escambia county three;
Santa Rosa county two;
Walton county two;
Holmes county one;
Washington county one;
Franklin county one;
Calhoun county one;
jackson county three;
Liberty couHty one;
Wakulla county one;
Gadsden county three;
Leon county four;
Jefferson county four;
Madison county three;
Taylor county one;
Hamilton county two;
Suwannee county two;
Lafayette county one;
Columbia county three;
Alachua county four;
Levy county two;
Bradford county two;
Clay county one;
Baker county one;
Nassau county two;
Duval county four;
St. Johns county two;
Volusia county one;
Orange county two;
Putnam county two;
Marion county two;
sumter county two;
fernando county two;
Hillsborough county two;
Polk county one;
Manatee county one;
Dade county one;
Brevard county one;
Monroe county two.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28

Marion county.
VANVALKENBURGH, j.:
l. An application for a continuance is always
addressed 10 the sound discretion Of The court
and such discretion will not be controlled BY
the Appellate Court, unless it appears that the
court below acted unfairly and abused Its author
ity whereby the rights of the party may have
been jeOpardized.
g. 1t is not error for the court of its own mo-
ton after having fully charged the jury in a
criminal case to read to them the section of the
statute applicable, in regard to recommends ion
to mercy in case of the conviction of the pris-
ODer.
Where the record shows that the lease was
called and the prisoner was duly arraigned,"
and again that The " defendant was arraigned
and the indictment in said cause was read to
him and the question was asked fhim Are you
guilty or not guilty, to which he replied Not
guilty" upon which plea he went to trial with
out any objection, it is held to be sufficient
arraignmeni.
H. The record shows that the oath admins
tered to the jurors on their ooir dire was as fol-
lows You and each of you do sOlemnly
swear you shall give 10 such questions rs may
be prop"unded 10 you, touching your compe-
| tency as jurors shall be the truth, the whole
truth and nothing but the truth, So help you
God." No objection to the form of the oath was
made. The jurors were accepted, duly sworn
and tried the cause There is no particular form
for such oath prescribed by statute; Held, not to
be error.
5. A venireman sworn on his roir dire stated
that he had formed an opinion from what had
been told him. The court then asked hasa if the
impressions that had been made on his mind by
what he had heard would readily yield to the
evidence on the trial, and he replied that they
would. The court ruled that he was a compe-
tent juror, Held. not to be error.
6. Murder in this State is no longer a common
law offence hui is statutory one and is divided
into three classes In the first 1t must he pre-
mcd.taied, in the other two degrees ii may be
without premedta,iOn. Such premedilaion
must be charged in The indictment in the Ian
guage of the statute in order to make it murder
in the first degree. Bird VS.. State, 18 Fla, re-
ferred 10 and commented on.
Reversed and new trial granted.
Raney, j., not sitting
s. d. Mcconnell, R. b. Hilton, for Plaintiff in
Error; Attorney General, for Defendant in
Error.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28
ADVERTISING RATES.

sou.re j. inch in space "a squares make col,
, ,rSS Sss r ssch snan sms.fnoen1 ohe %oeIa M 81
,rt- auacc0mpanied by the CASH, except
Al-.,..srr ui'i isni receive attention.
rn-s ,,-. a. .,>s- does not cover the number of
j -. - ,.-tsi II will he inserted less number of
rmes ,., ,,.ar..d vri,h the number ~ times
-,r-,. .;lfil forbid. aud charged accordingly.
y. -. .,t -riisci- whose amount of space and
A :, .,,r s fixed ~ above rates. will be required
ege fri lscii='iig strictly To th,'ir own business,
. -. arrsi-. >'pnlalcd.
Hs,r.i .f,,.r,i-,.nl. ni- al lawful rates.
1I 's,- t-ii-u., due after first publication
4 aes.rii-.m,fi.
- u,sos a. cents line for first insertion and
= t. ifue la ta,h --bseqHcnt insertion.
oatuss- ext-e..ng four lines will be charged same
q. sdrsT-i>emru =
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28

A GENERAL ELECTION
WILL BE HELD IN EACH COUNTY IN FLORIDA,
ON 7 tuesday,
Next Succeeding the First Monday In
November, A. ID. 1855, the said
Tuesday being the
Second Day Of November,
For one Representative of the First Congressional
District of Florida in the Fftieth Congress of the
United States
For one Representative of the Second Congress
sional District of Florida in the Fiftieth Congress
of the United States
And ON the same Day General Election
will be held
In the county of Santa Rosa for Senator from
the Second Senatorial District;
In the counties of Washington and Holmes for
Senator from the Fourth Senatorial District;
In the county Of Gadsden for Senator from the
Sixth Senatorial District
In the county Of Leon for q Senator from the
Eighth Senatorial District;
In the county of Madison for Senator from the
Tenth Senatorial District
In the counties of Taylor and Lafayette for a
Senator from the Twelfth Senatorial District;
In the county of Columbia for q Senator from the
Fourteenth Senatorial District;
In the county of Nassau for Senator from the
Sixteenth Senatorial District;
In the county of Duval for q Senator from the
Eighteenth Senatorial District;
In the county of Orange for o Senator from the
Twentieth Senatorial District;
In the county of fernando for q Senator from
the Twenty-second Senatorial District;
In the county of Monroe for q Senator from the
Twenty-fourth Senatorial District;
In the county of Suwannee for a Senator from
the Twenty-sxth Senatorial District;
In the counties Of Clay and Baker for a Senator
from the Twenty y-eighth Senatorial District;
In the county of Hillsborough for Senator from
the Thirtieth Senatorial District;
In the county of Levy for Senator from the
1hirtySecond Senatorial District.
On the same day an election will be held in the
county of Putnam, constituting the Seventeenth
Senatorial District for Senator to fill the vacancy
occasioned by the resignation of E. 8. Grill, who
elected Senator for the term of four years at
the General Election held on the first Tuesday after
the first Monday of November, A. d. 1884.
In the county of st. Johns, constituting the
Thirty first Senatorial District, for Senator to fill
the vacancy occasoned by the resignation of C. NJ.
Cooper, who was elected Senator for the term of
four years at the General Election held the first
Tuesday aftor the first Monday of November, A. ID.
1884.
And in each of the respective counties of the
State General Election will be held for its Consti
tutonal number of Members of the General AS
sembly, to-wit:
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28
tbe l9leehIn g 4IOriOian.

. IslIED EVERY THURSDAY.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28

Arnold Jordan, Plaintiff in Error, vs. The State
Of Florida, Defendant IN Error-Leon county.
The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-28

George w. L. Denham, Plaintiff in Error, vs.
The State of Florida, Defendant in Error
Marion county.
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1886-08-21
MISSOURI CONVENTION.

The Missouri Universalist Convention for
1886 will be held at Gould Farm, Caldwell
county, on Friday. Saturday and Sunday, the
18th to 10Th of September. Our General Secreta-
ry, Rev. G. L. Demarest, d. D., has signified his
intention of meeting with us. This alone in
sures good Convention. Universalist minis
tiers from everywhere are cordially invited
and will receive a hearty welcome. As the
field in Missouri is white and the laborers few,
any help from outside will be more than thank
fully received. If there's Universalist cler-
gyman anywhere, who can spare four or five
days time and come with the love of God and
his fellow men in his heart, let him come! Let
us give the good cause fresh impetus in Mis-
souri,. Parties by railroad will stop off at
breckenridge, where teams will be in waiting
to convey them to Gould Farm. Teams will
wait for the AIS p. NJ. train from the East. All
coming by rail should drop postal to Br. A.
r. wolcott. Gould Farm, Mo-, stating the time
they will arrive at Breckenridge, and asking
for any desired information. Teams will be at
Breckenridge on Thursday and Friday, Sept.
Is and H. Come one, come all.
w. A. BARTLETT, Secretary
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1886-08-21

ENDLESS MISERY EXAMINED
and Refuted. In Series of Lectures.
By Rev. /. ID. Williamson, d. d. 16mo.
208 pages. 80 cents.
This volume is made from new set of
plates. The value of the work is attested
by the fact that over 10000 copies have
been sold. 1t ie, pre-eminently, ga book
for the opposer." The proof-texts on
which the doctrine of endless punish
ment is supposed to rest, are here exam
ined and shown conclusively not to teach
this dogma. The discourses of which it
is composed are twelve in number, and
devoted to the discussion of the most
noted texts 5Fhich are adduced to support
endless punishment. In the opening
discourses the doctrine is shown to be
unreasonable, opposed to God, unscrip-
tural; and He'll, the Second Death, Bias
phemy against the Holy Ghost, Rich
Man and Lazarus, and Everlasting Dam
nation are among the topics discussed
To all who would understand the real
meaning of the old proof-texts, this sharp
and searching book will be a welcome
help. In communities where opposition
prevails, it will do ready execution. Adj
dress orders to Universalist Publishing
House, Western Branch. Chicago.
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1886-08-21
Program.

WEDNESDAY, Sept. l: P. NJ, Meeting of Min
isterial Circle; 1880, Sermon before the Minis
terial Circle, Rev. N. A. Saxton.
THURSDAY: A. M, Essay, ]. HI. Hewitt; $780,
Business Meeting of Ministerial Circle; $3.50
Meeting of Executive Committee. Afternoon,
2, Convention called to order-Prayer-Rol
2:15, Committee on Cteden .ials appointed;
2:25, Report of Committee on Credentials; 235,
Annual Address of President, Hon. j. M. Bull
la; 3, Election of officers 3 80, Appointment
of Clerks and Session Committees; 3:40, Report
of the Secretary, H. N. Brown; 1856, Report
of the Treasurer, DIR. S. o. Budd: 4:l0 Report
of Executive Committee and Discussion:
4:40 Report of Committee on Religious Exer-
cises; 1880, Occasional Sermon, Rev. l. B.
Grandy.
FRIDAY: 8 A. NJ, Conference and Praise
Meeting: $3.50, Meeting of Committee of f. o.
g. D.; 0, Organization of Sunday-school Con-
vention; 9:l5 Election of Officers; $3.50, Report
of Treasurer, H. N. Brown; $40, Report of
Corresponding Secretary, Rev. r. N. John;
TO- Remarks by Delegates; IL, Consideration
and Adoption of new Constitution, etc.; H.
Adjournment. Afternoon, 2, Reports of Spe-
cial Committee-New Business; 2:30 Superin-
tendent's Report and Discussion; $3.50, Church
Extension" Discussion; 4:30, "Our Western
Colleges Discussion; 80, Business Meeting
of U. w. A. A.
SATURDAY: 1880 A. NJ, Meeting of Executive
Committee; 8, Conference and Praise Meeting;
9, Unused Church Property" = Discussion;
10, Report of Executive Committee and action
thereon; IL, Report of Committee on L. o. g. D.
11:20, Miscellaneous Business. Afternoon, 2,
Report of Committee on History and Stats
tics; 2:15, Final Report of Session Committee;
2:45 Unfinished Business; 3:45 Report of Com
mittee on Resolutions; 4. Reading the Min
utes; 4:3O, Adjournment; 1880. Religious Ser
vices
SUNDAY: $3.50 A. NJ, Conference and Praise
Meeting; $3.50. Mass Sunday-school Meeting
led by Rev. G.. l.. Demarest, D. D.; 10 80, Ser
mon and Communion Services. Afternoon,
8, Platform meeting of U. W. A. A; 1880. Relig-
ious Services.
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1886-08-21
WESTERN RESERVE (o) ASSOCIATION.

The fifty-fourth annual meeting OF this
Association will be held in Brimfeld, Portage
county, o.. beginning Friday evening" Sept. 3,
1886, and continuing over Saturday and Sum
day. Association council will meet at 10 a. NJ.
Saturday; ordaining council at p. NJ 1t is
expected that Revs. Ill Shipman, of Girard,
Pa, DIR. o. Cone and G. e. Nash. of Akron.
R. B. Marsh, of Kent, and Andrew Wilson
will be present, and that Prof. w. d. Shipman,
of Buchtel College, will be ordained. very
interesting meeting is anticipated. All are
cordially invited. The friends at Brlmfeld
will give all hearty welcome.
ANDREW WILSON, Clerk.
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1886-08-21
MASS MEETING IN TEXAS.

By request of many friends. we propose
holding Conference of Universalists at Me-
ridian, Bosque Co., Texas, on the 9th, 25tb and
Goth OF Sept, 1886, for the purpose of organ
izing a State Convention, in order to strength
en- our working power in Texas, and to adj
vance the cause of Universalism in this great
Southwest. We urge all of our friends to
make this personal duty, and come out in
full force to attend this our first Convocation
in the Lone Star State" Entertainment will
be furnished by our friends in Meridian for
ali who come. Brothers and sisters. both
clerical and lay, come one, come all. Per
order of the Universalst State Missionary,
JAMES BILLINGS.
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1886-08-21

The Sunday School Convention of Indiana
meets at the same time and place as the State
Convention. The exercises will be so arranged
as to give fair time to the consideration of
Sunday School interests. Each school is en-
titled to send from two to four delegates,
according to membership. The Superintend-
ent and Secretary of each school, are, er
06fcio members of the Convention. The
Secretaries are requested to send the under
signed, reports of their respective schools for
the year ending Sept. LIST, 1886. The annual
dues to the Convention are five cents per cap.
tia, on average attendance. 1t is the duty of
every Superintendent to see to the proper
appointment of delegates, and the payment
of the annual dues. Please attend to the
matter not later than the third or fourth
Sunday in August. An excellent program has
been arranged, and the exercises will be
highly interesting and instructive. Let us
have tull attendance.
r. N. JOHN. Cor. Secretary.
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1886-08-21

THE emperor of Germany and num-
OF Americans met at Salzburg last week.
The man of fourscore and ten, whom all
the world reverences, Insisted ON shaking
hands with the American delegation.
and said to them by his son: Il thank
the Americans for their courtesy, and I
profoundly admire the American people"
And the Americans, through Chauncey
NJ. Depew, of New York, replied: "The
three million Germans IN America are
among our best citizens, but what they
give to US takes nothing from their love
for the fatherland. They have taught
the fifty million Americans the deepest
esteem and yeneration for their emperor,
and the great people he so wisely gov
erns."
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1886-08-21
WINCHESTER (o) ASSOCIATION.

The thirty-eighth annual meeting of the
Winchester Association of Universalists, Will
be held at James Converse's grove, five miles
south of Plain City. beginning on Friday, Aug.
20, at p. NJ, and continuing over Sunday.
The Association is composed of the following
named churches: Westville, Woodstock, Plain
City, harrisburg, Alder Chapel, London.
Springfield and st. Paris. Each church is
entitled to three delegates. Rev. N. Crary,
preacher of Occasional Sermon. Conveyance
will be provided for those coming by rail. A
basket dinner will be served on Saturday and
Sunday. All are cordially invited.
S. BARROW, Secretary.
The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1886-08-21

THE President, accompanied by his
wife, left Washington on Monday for the
Adirondacks of northern New York,
where he Will spend his vacation. He
will be absent from Washington until the
middle of next month. 1t is not the fret
time that Mr.. Cleveland has "taken
to the woods" but this is the first time
he has taken a young and brilliant wife
with him. The country will hope that
Mr.. and Mrs. Grover Cleveland may
have a good time among the mountains
and lakes of the noble Adirondacks.