davidaulloa/AmericanStories huggingface dataset:
The clarion., 1886-04-28
BRITToN IL MAYsoN.
VS..
J. ii CRFswFI
Z. I NOeI, lot inc appellant
Hooker & Wilson, for the appellee

DhAIIbN ~ hA1SON.
j. H. CREswEL.
Appeal from the Chancery Court of Lincoln
county. Hon. Lanch McLaurin, Chan.
cellor.
COOPER, c. j., delivered the opinion of the
Court.
The following legal principles we're es-
tablished in this case:
/. Mortgages. Reservation Of riqht 10 Uogt-
gagor. Fraudulent on face The reservation
of the right to the mortgagor to deal with
the property mortgaged as his own. must
be so expressly reserved in the deed that
evidence to the contrary would be excluded
as contradicting the written instrument.
before the instrument. viii be declared fraud
ulent on its face, for such cause.
2. Same. Reservation of riqht 10 deal Min
property Daortqqgsd Eridenee aiiurde. Though
it may not appear on the face of the mort
gage, If 1t be Enthusiastically shown by evi-
dence dttHnde that there was an agreement
between the mortgagor and the morteapee
that the former should continue to deal
with the mortgaged property as if it were
his own, then the court NAV declare such
mortgage fraudulent and void
3. Same. Ann,,al rene,oaLs. Coatiauou,
tten- Where there are annual renewals of
mortgage with no intention on the part of
the mortgagor to surrender his lien on the
property, but merely to change the form of
II, then the lien of the mortgage must be
treated as continuous under whatever form
it existed.
4. Judgment. Porer 10 sac. Hou question
cd Where Judgment is obtained on a
valid claim against the proper person in the
name of n marty not authorizal - -
such claim, 1t Is not competent after the
rendition of such Judgment for the credit
ors of the defendant in the iudoment 10
deny that the plaintiff was the owner of the
claim sued on at the time of the rendition
of the judgment
Sessions d Cassidy for the appellants.
A. c. McNair, for Spencer.
h. H. Thompson and I. c.. Stockdale. for
appellee.
The clarion., 1886-04-28

Col. A. G. HORN, the veteran and
widely known journalist, died at his home
in Meridian, on Goth inst. He was the
proprietor Of the Mercury, until about a
year since, when his feeble health forced
his retirement from calling to which
he was devotedly attached, and to v hich
he consecrated all the talent and energy
of his nature. Fe had been connected,
in earlier years, with the press of No
bile, and was the Secretary of the Seces.
sion Convention of Alabama, in 1861.
Tae State Press Association, of which
he was jealous member, viii pay suit
able tribute to his memory at its meet
ing next month.
The clarion., 1886-04-28

THE marriage, according to the Times
is to take place in June. This is much
more direct than anything that has been
furnished by The Ereaing Post.
Or, no. Our information respecting
the approaching nuptials was given by
the Rev. William Cleveland, the Presi
dents own brother, and Presbyterian
minister of high and enviable standing
Nothing could well be more direct o1
more trustworthy.-N Y San.
The clarion., 1886-04-28

IL the four classes of the Endowment
Rank Of the Knights Of Pythias, there
have been 2 2.O2i deaths from the organ
ization Of the Order TO March 81, 1881.
The total benefits foot mp the handsome
sum of 50 23l ,063 So. The entire mem
bership in the United States aggregates
1G OGT
The clarion., 1886-04-28

Ar Moss Point, on the night of the
23d, the office of Mr.. L, n. Dantzler and
the store of Messrs. Dantzler & Evans
were robbed of about $1095. Mr.. Dant-
zler's loss is about $3.50, Dantzler &
Evans about $50 and Dr. J. K Mcleod
county treasurer, about 1920 of county
funds. A one hundred dollar bill was
found on the floor of Mr.. Dantzler's
Office The tools used were stolen from
a blacksmith shop more than a mile
from where the robbery was COM
mitted. The work done was by experts
Several clews are had, out are doubtful
The clarion., 1886-04-28

HoS. JAMES SMITH, of Glasgow, Scot
land, died in that place Saturday last
This is sad news to the people of this sec
ton. He was once citizen of Jackson,
In this State, and was much beloved by
The people Of our Capital city. To those
ct us who did not know him personally he
is well known by his charities and many
noble deeds His memory belongs not
a'one to his adopted city (Jackson), but to
the land he loved, TO Mississippi and the
South Meridian News.
The clarion., 1886-04-28

THE State Medical Association, hich
assembled in Jackson last week, was in
session fouI days. The attendance was
unusually large, and many new names
were added to the roll The Association
will hereafter hold its annual meetings
at the State Capital, and Committee
has been appointed to establish patho-
logical museum and library for the As
sociation, which now numbers nearly
four hundred members.
The clarion., 1886-04-28

CAPT w. II. HARDY will address the
people of Lake, at Carthage, on Friday
next, in the interest of the Gulf and
Ship Island Railroad. And when the
Little j. goes eastward, Carthage
would be good crossing point. We
are quite sure that our friend Garrett,
of the CatthageRiaa, will concur in this
suopeStiOn.
The clarion., 1886-04-28

Mr.. L. F. GADDls, q popular citizen
of Madison county, has been appointed
Briga1ier.G General OF Militia rice Oliver
Clifton resigned. Adjutan. General
William Henry is determined tc organ
ize a creditable military force ard he
could have no more efficient coadjuto:
than General Gaddis of the Seventh
District.
The clarion., 1886-04-28

The officers of the Gulf aud Ship
Island Railroad Company are at work
with an energy and force that means
business They hope to be able to move
the cotton crop of Pontotoc, Union and
Tippah. to Middleton, Tenn, next fall.
The track will be so constructed as to be
easily made standard guage whenever
the business of the company shall so re
ouire
The clarion., 1886-04-28

FATHER RYAN, the poet-priest of the
South, died at Louisville on the 22d, Of
organic heart trouble Bishop McCl
key, and nearly all the priests Of Louis.
vile, were With him in his last moments.
He was native of Virginia, and was
ferty.six years of age. His remains
were taken to Mobile for nterment. He
was not only genuine poet, but forci
BILE writer OF prose, and his name viii
be afTectionately remembered by sll who
loved the cause which he espoused SO
ardentIy, and wrote so tenderly.
The clarion., 1886-04-28

The readers of The CLARION are
under obligations to Rev DR.. Andrews
for his entertaining report Of his visit to
Columbus, whittier be went as the
bearer Of an invitation to Sam Jones to
pay Jackson a visit. Mr.. Jones assured
him that he will not forget his promise,
previously made, 10 pay this city a visit.
The clarion., 1886-04-28

Bro. TALMAGE's sermon on the trials
OF the newspaper profession is interest
ing reading He says that ninety-fiye
per cent. Of the newspapers are now his
friends and do him full justice and more
then justice, and the other five of the
one hundred are such liars that nobody
believes them. We belong to the ninety
fvo
The clarion., 1886-04-28

Local OP.IoN was tested in Alcorn
county on the 10Th. A light vote polled,
this being a busy time with the farmC rs.
The "wet" majority in county was 42.
In Coriuth, % majority dry Edgar box,
80 majority wet; Pennington, J. majori-
ty dry; Rienzi, 40 majority wet
The clarion., 1886-04-28

lr is said that Gen. Rosecrans, Regis
ter of the Treasury, recently objected to
one Michael Wallace being on duty in
his office because Wallace had been in
the Confederate Army. This is hard to
believe; but il true, we would like to be
a United States Senator with his confir-
nation pending.
The clarion., 1886-04-28

TnE body Of Florus b PlymPton, late
editor of The CaciaaaE Commerc,ai
Ga-die, has been taken 20 Lancaster,
Pa, TO be cremated, in accordance with
his with repeatedly expressed.
The clarion., 1886-04-28

Mlt. Thomas POwi.R O'CoNSoR, Par
nclitte member Of Parliament pretic E
a majority for Mr. G,ads ones Home
Rule bin on second reading. He thinks
that the Land Purchaser bill will fail.
The clarion., 1886-04-28

Mr.. JOHN PHELPS, a leading cotton
factor in New Orleans, died on Friday
last. lie was several times President of
the Cotton Exchange; was vice presi-
dent of the Factors and Traders Insur-
ance Company, and a member Of the
Board of Liquidation Of the city debt
A native of Virginia.
The clarion., 1886-04-28

Hon. c. L ASDEEsoN, Of Kosciusko,
formerly citizen Of Hinas county, Is
Attala county. candidate for Congress
from the Fifth Congressional District.
The clarion., 1886-04-28

Ir H. said that railroad men and
manufacturers are organizing leagues
for mutual protection against the labor
organizations.
The clarion., 1886-04-28


TIE CLARION is indebted to Auditor
Stone for pamphlet copy Of the
Revene Laws passed by the late Legisla
ture. Any citizen can obtain copy on
application to the Auditor.
The clarion., 1886-04-28
Biography of Gen. VI. p. Leyrer.

In reply to frequent inquiries I wish t.
say to the friends of the late General N
T: Lowrey that the biography of his life
which am preparing, will not appear he
fore next fall. The publication of tb.
book was delayed for reasons which I snn,
pose will be patent and which were urga,,
by friends and interested parties. Tbs
appearance OF the book will be announced
IN these columns and others.
Very respectfully, ETC..
NJ B. LOWRY
The clarion., 1886-04-28
SUPREME COURT CASES.
Reported for The Clarion by W. n Harper
Attorney Law, jackson, Miss.
October Term-ISSS.
WYNN.
vs..


WYNN.
The STATE.
APPEAL from the Circuit Court of Pamela |
county. Hon. A. T. Roane, Judge.
ARNOLD, j., delivered the opinion of the
Court
One Atkinson killed Mcpherson. 1t
appears that Joseph Wynn was present at
the killing and loaned Atkinson the pistol
with which the homicide was committed.
The evidence was voluminous and some
what contradictory But the evidence of
some of the witnesses tended 10 show that
Wynn was near by when Atkinson shot
Mcpherson, and exclaimed shoot him,
and after Atkinson had shot him exclaimed
shoot him again" And the evidence of
other witnesses tended to show that Wynn
| loaned Atkinson his pistol for the purpose
| of shooting one Johnson, with whom At
kinson had previously had difficulty, and
not for the purpose of shooting McPher-
son. Wynn was found guilty of man
| slaughter. and from this verdict he APP
| pealed.
| Hsld-That the mere presence of APP
pellant at the homicide would not of itself
render him criminal, for as it is said by an
approved author, In order to render a
| person an accompEce or principal IN
| felony, he must be aiding and abetting at
the fact, or ready to afford assistance if
necessary; and therefore, if happeneth
| to be present at a murder, for instance
| and taketh no part in it, nor endeavoreth
to prevent it, nor apprehendeth the mur-
derer, nor layeth hue and cry after him"
this strange behavior of his, though highly
| criminal, will not of itself render him
| either principal or accessory. Aiding and
Ia
mitted by those persons who, although not
the direct perpetrators of the crime, are
yet present at its commission, doing some
act to render aid to the actual perpetrator."
And such aiding and abetting may be man
ifested by acts, words, signs, motions, or
! any conduct whict. Enthusiastically evinces a
design to encourage, incite or approve of
the crime, or even by being present with
the intention of giving assistance if neces
sary, though such assistance may not be
called into requisition. If appellant, as
, some of the witnesses testified, furnished
, Atkinson with a pistol short time before
the killing. and was present or near by al
the commission of the homicide soon af
, terwards, and shouted to Atkinson just be
fore the pistol was fired. ''shoot him. and
: just after the pistol was fred, shoot hin
again" il is impossible to see how appel
liant could be less than an alder and abet
tor of the crime and guilty as principal
AMI under these circumstances, if it b'
true as indicated by some of the testimo
ny, that appellant supposed that johnson
t instead of Mcpherson was to be shot at thu
, time the exclamations above referred t.
2 were made by appellant, he would still b
guilty. 16raed.
e Stands Il Johnson for the appellant.
The Attorney General for the State
The clarion., 1886-04-28

The affairs Of the big sewing machine
and rife firm Of f. Remington q Sons,
Ilion, n y, have been placed in the
hands Of a receiver.
The clarion., 1886-04-28

The Harrison county Democratic
Committee present the name Of Hon
Roderlck Seal, as a candidate for Con-
gress from the sixth District.
The clarion., 1886-04-28

E. A. Ford, OF Canton, to the national con
vention for appointment as president OF
this association.
The association adjourned until their
next annual meeting, which was fixed for
the second Saturday in May, 1887.
The clarion., 1886-04-28

4 large party Of Kosciusko people went
to Columbus Sunday to hear Sam Jones
preach, and owing to delay at Artesia,
they got to the church just in time to re-
ceive the benediction and get look at the
preacher.
The clarion., 1886-04-28
The following c,sas wore ve,.rs.a =

The following cases were reversed and
renanded
5l67-Illinois Central r. r. Co., V. Jas. Fl
Haynes.
5113-E- F. Noel v. III. s. Hooker.
5l83-Annie E. KeistIer, by G'dn sc. v.
Vicksburg = Meridian r r. Co.
5lsa-Rufus Gill v. State of Mississippi.
The clarion., 1886-04-28
Wednesday. April %. 1885.

BARTHoLDf- Liberty will be unveiled
September 3
The clarion., 1886-04-28

Rev H. G. Smith. OF Jones county. and
Rnling Elder W. A. Love. are the dsle sl.'
gates of Tombeckbee Presbytery 10 the
General Assembly that meets in Augusta
The clarion., 1886-04-28
REPORTED FOR THE CLARION BY C. c.
CAMPBELL.
MONDAY. April 26. Is,

MONDAY, April %, 1856.
The following cases we're AFFIRMED
5l6o-lliinols Central r. r. Co., v p. G.
Dodd.
5I66-Illinois Central z. r. CO.. V. Dewitt
c. Jordan
5lSo-A. ]. Collins VI. C. Wilson.
The clarion., 1886-04-28
Senator Kemp Gives an Account OF
His Stewardship.

Senator Kemp, of Marshall, addressed
a large audience of his constituents, at
the court house in Holly Springs recent
ly, on subjects before the last Legisla-
ture, of which he WIS one of the most
active ana influential nesabers. We
make the following extracts:
There was very little Of general legisla
tion comparatively. As State We are
cursed with local legislation / presume
this is the case elsewhere but it is to be de-
nloreh
The clarion., 1886-04-28

and the meeting at your horse with my Ia
menfed friend, Gen. Ector.
With sincere regard and best wishes Tor
you and YOURS, / am, your friend,
JEFFERsoN DAVIS.
The clarion., 1886-04-28

5l46-Thos. Watson " Henry s. Austin
Reversed and decree here.
The clarion., 1886-04-28

lHg tDem " upTOdIiOuS laughter dnC
then moving them 20 tears; they woulc
sit with almost breathless interest rs ht
arraighed in blistering periods tn,
whisky vender, the licentious and the
profane, then they would arise and stand
up almost to a man in response to his
call for pledge to do all in their power
to put down these monstrous evils.
People, who have never heard Sam
Jones preach, set him down as vulgar
aud low Well, there is no DENYING that
he calls things by their names, and that
men and women sometimes grow white
and red by turns, while looking into the
faithful mirror that he holds up to
nature. But then the vices, whose bare
mention by him excites such condemna-
tion, do exist in society, ard alas, they
are covered up and condoned. This
brave man denounced the mock modesty
that would blush at the bare mention
of sin and yet tolerate and excuse il.
and he holds it up to the gaze of all that
the guilty may abandon it, and Others
may help to rid the country of it.
| was told by member of the church
in Columbus that society young man
said to him, If Sam Jones talks here as
hc aoCc III otACi pidScc dDOut pfOgISSSlNe
euchre and the german, | will hold him
personally responsible" But this same
young mar, after hearing Sam several
times, sought out the church member.
acknowledged his error and said, sI see
that Sam Jones is man of big, brave
heart, he conscientiously thinks that
what he says is true and he has perfect
right to say it.
I have heard him speak of his being
accused of preaching for money, about
thus: People have said / preach for
money. Why, there is Bob Ingersoll
who viii get one dollar per head for lec-
turing to thousand fools for one might.
yet nobody accuses Bob of preaching
for money. There is Louise kellogg
who makes two hundred dollars night
fer exhibiting herself, but nobody saws
she is doing it for money. But when it
sometimes happens that /, preacher of
the gospel, am presented with voIun-
tary offering from a grateful people.
then the silly cry goes forth, OH be is
preaching for money Many a time /
The clarion., 1886-04-28
DECISIONS OF SUPREME COURT

0hONER CLEVELAND.
EXECUTIVE MANSION, April %, 1885,
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1886-10-28
1NrEnEsTING FIGunEs
In Regard to the Hallway Mail Service
Work of the Year.

In Regard to the Railway Mail seryloS-
Work of the Year.
WASHINGTON, Oct. 27.-General Super
intendent Janison, Of the Railway Mai
Service has completed his annual reporI
for the fiscal year ended June 80, 1885
At the close Of the year the railway posi-
office lines in operation numbered S7l, oc.
cupyine 425 whole cars, and LOO apart.
menta In cats. The aggregate length oI
railroad routes over which these cars ran
was 1l0672 miles.
Tha sLsamboat mail lines upon which
postal clerks are employed were consider.
ably reduced during the year, owing to
tho changes and extensions In railroad
and star service routes.
In handling the 532S, ,52l ,476 pieces OF
mail matter distributed during the year,
l,26O,443 errors were committed, being
one error TO every 4,22S pieces handled. /
A number ot improvements have been
made In tho "last mail" service, which
though seemingly unimportaut 10 them.
selves, have resulted in greatly improving
the mail facilities in various sections o.
the country. Among these 10 the recent
extension Of the "fast mail" via the At.
lautic coast line from Jacksonyille "a
Tampa, Florida. This makes continuous
fast mail service from Nsw York to Tampa
covering q distance OF 1928 miles, aud
greatly expedltlng the mails for South
Flohda and Cuba,
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1886-10-28
UNSETTLED MEXICO,
pRIErINa INEo a pEspoTIsAI
Tbs scheme to Make DIaE Dictator for q
Term of YsRrs-Ths Lament of the Press
Over the Lstharsy Of the People who
Appear ODE Blind to the Schemes,

NCaALEs, A, T., Oct, s7.-Ths propose
OF prominent AIexiCans to establish {
Dictatorship to replace the Presidency o
Mexico, Is causing a good deal oicommeut
along the border, The Mexican paperl
with few exceptions, have lately espousad
the scheme and urge its adoption, but the
tone Of the opposiiou iouruals Is extreme
ly bitter. One Of the latter, FL Monitor
FrOntsriScO, says;
"General Dlsz prepares the road to the
DlCsstorshipi the KOs de AtFicO has en-
tered the arena and declares 1t, Con,
gress Is called on to sanction the will Of
the Cesar oI the Continent. Senior Ro-
meuI Rubio works silently to realize this
new plan, Not being able to bring to suc-
cess his project to prolong the preaiden'
tIal term, he took up the Dictatorship
aud so it happens that this project ia faith
cred by pillar Of the Conservative party,
and the people seem to be indli.
ierent to these attempts, Meanwhile
the gubernatorlal press Clamors Tor q
Dictatorship for General Disz for twenty
years. Why not hersditaryP .
When nations do not possess tue neCes-
sary manhood to bs fee, nothing Is more
evident than that despots will take advAn-
tage OF their Incidence and erect thrones
aud assume the sCeptre. 1t is nine years
now since the men oil Guheher (Disz's
party) climbed step by Rtep the ladder
which leads to despOtiam, and once there
have dsfed public ire, Already they
ignore the fundamental Laws, and all that
is wanted is the reign Of o sole will. The
life OF slave Ia sorr0wlul, and we need
to redeem 1t as msn Of action, men whose
hearts belong to the country, not TO the
herd Of Bpeculatoys, II such men have
disappeared, we bow respectfully 10 the
ruins OF the Republic, and exClalm;
Long live Porhriol" |"
La PoSd de Aerico strongly urges, In It's
latest edition, that General Dlsz bs made
Dictator, and the organ of Monte Allegro
demands that the Generals term be made
twenty years, and that tho office bs male
hereditary.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1886-10-28
NEWS IN BRIEF.

Colonel "Bob" 1ngersoll has come out
for Henry George.
A boy named sorrell accidentally shot
and killed his sister at o Ringsvile, Ky.
A report in ia Chicago paper oil the dealt,
Of Queen Victoria caused man named
William Mclaughlin to become insane.
switChmen in all the indianapolis yards
have requested an increase OF wages
which will equalizJ thom with Bwitchmen
elsewhere.
A trunk containing $4,000 worth oI
samples, belonging 10 q Cincinnati Jew.
elry Arm, Is reported missing from train
at Wakena, BIO.
]. D. Kurlz, grocer oi indianapolis,
has fled sliIavits against the mansgo.
ment OF the Indiana Insane Hospital,
charging irregularity In tho purchasing ol
supplies.
George Westinghouse, Jr., ol Pitts.
burgh, has been granted a patent for 0
new system Of distributing electricity
which, 1t 10 stated, will greatly cheaper
the electric light.
Mrs. George Richards, oil Youngstown,
discovered her husband had q wife ant
family In Germany aud demanded gep'
aration. After the money had been di
vided Richards came back and stole his
wlie'B hall and her daughter.