smithclay/nortonstories huggingface dataset:
Year: 1871

A motion for new trial in the case of
| Fuentes and others against Myra Clark
Gaines has been brought in the Second Dis
| trict Court, and the trial of the motion has
| been set for the sixteenth instant The
| grounds for the application are, after re-
citation OF the usual reason that the judg-


ment against Mrs. Gaines is contrary to law


and evidence, as follows:


That the court erred in not sustaining the


exceptions of res judicat0 and of prescrip-


ton; and further, because the record con


tains no proof Of the said plaintiff and in
tervenors holding title under the succession
of Daniel Clark.


There was error in determining that there
was no legal marriage between Daniel


Clark and Zulime Carricre; on deciding


that Joseph Degrange was not guilty of


bigamy in marrying said Zulime Carriere


in deciding that the testimony of the wit


ness Bengarcelle is unworthy of belief; in


determining that the question OF the status


OF the defendant has not previously been


adjudicated upon and in favor Of defendant,
and was readjudicated and that this court


has any jurisdiction Of this question, or of


this suit, in deciding that the will admitted


BY the court to have been executed by
Daniel Clark subsequently to the will of
1911, did not recognize defendant as his
legitimate child and universal legatee.


The exceptions to the trial of tax suits in
IN the FOurth District Court, where the
amounts were under one hundred dollars
constituted the main topic in the courts
yesterday: A delay of three days was given
to file briefs, and the cases will be sub
mitted.


In the Eighth District Court, Judge Dib-
BILE reafirmed a former opinion of this tri-
bunal in the case of Duvigneaud against
the State Treasurer IA mandamus for his
salary as judge), in which it was decreed
that the mandamus would not lie to COM
pei the payment Of money unless it is actu-
ally in the treasury.


The court ruled in the case of Collins
against Davidson e. Hill that the act
creating e the Eighth District Court reserved
the right to issue the injunction to stay exc
cution to the court where it is sought to be
stayed.


In the State tax suit against the Chal
mette Club for selling liquors, Judge Dibble
held as follows A private club is not an
artificial person pursuing trade, calling or
occupation. Such organizations are not
formed tor the realization of profits, and
are not engaged in business. Modern civil.
ization favOrs association, hence the facility
for the formation of corporations, clubs |
and societies for purposes of business and |
pleasure, and for the spread of the Christian |
virtues. 1t would be against the spirit of |
the age to permit the taxation of societies |
for the advancement OF Christian morals |
and the increase Of learning. Judgment in |
favor of the club.
Year: 1871

Concert at the Mechanics' Institute.


1t seems there was meaning to the
complimentary tickets to the grand vocal
and instrumental concert given by Pro
fessor A. P, Williams for the benefit of the
Louisiana Progressive Club Tho concert
was postponed from the time first an
nounced until last Tuesday evening, and
those who were fortunate enough to know
of the change Of time and attend on that
occasion were rendered extremely happy
The opening chorus, Away. away, the
morning freshly breaking" the Tempest
of the heart" and 'Ah. 1 have sighed to
rest NE, were al! well executed.
Year: 1871

Lord Hobart, whose proposal for settle
ment of the Alabama question we present in
another part of this paper, is not 80 well
known in this country as some other promi-
nent representatives of English liberalism, for
he holds no official position and is not in Par
lament but he is one of the ablest and
steadiest friends of America among the British
aristocracy. Whatever may be said of the ex-
pedient which he suggests for bringing the
long controversy to a close, no one can be in
sensible of the just and moderate spirit which
characterizes his paper. If Englishmen gen.
orally share his anxiety to do justice and his
readiness to look carefully at both sides of a
question, there can be no doubt of peaceable
and honorable adjustment of our grievance.
We ought to blush, perhaps, at the inevitable
contrast between Lord Hobart and Gen.
Butler; but tho bellicOse statesman of Lowell,
fortunately, does not speak for sober minded
Americans
Year: 1871

Marshal Bazaine has written an apology for
the surrender of Metz 1t is in the form OF q
"Rep0rtn of the operations of his command,
to be published in French and German at Ber-
lin, and the Allgemeine Zeitung has been able
TO secure some extracts from it IN advance
With the military history of his last campaign
we are not especially concerned, for he tells
very little that is new but his story OF the
mysterious negotiations for q surrender is in
teresting, even if it is not perfectly frank.
The common opinion that Bazaine's attitude
after the fall of the Empire was rather that of
scheming politician than loyal soldier will
be confirmed by this apology. 1t never entered
into his mind that the commander OF the
greatest of the remaining French armies owed
any allegiance to the de factO French Gov
ernment, and when his provisions began to run
short he sent Gen. Boyer to Versailles to ascer-
tain what concessions he could individually OBJ
tain from King William lin the interest both OF
"the army and of peace.D Gen. Boyer re-
ported on his return that it was i'm
possible to treat with the Committee of De-
fcnse and that the Constituent Assembly was
indefinitely postponed. He brought the terms
of capitulatiOn which the Prussians were
willing to grant. We ere not told what they
were, but Bazaine found them too hard, and
sent Boyer to the Empress in England in the
hope that more favorable conditions might be
obtained through her Intervention. This effort
failed. A proposition made through Gen. Chan
GARNER, that the army should be allowed to
retire into Africa, was rejected by the-Prus-
slams; and finally Bazaine surrendered, on
terms which are well known.


Of course the precise character of Bazaine's
negotiations with the enemy is not divulged in
this report we are expected to content our
selves with the assurance that his only object
was to "preserve the army for France" But
it in evident that he must have had something
to offer King William in exchange for the ex-
traordinary concessions he demanded, and it
is not difficult for us to imagine what that
something was. To preserve the army for
"France" meant, with Bazaine, to preserve it
for the Emperor and his apology. upon the
whole, will tend to confirm the belief that he
was anxious to join hands with Prussia in
forcibly restoring the fallen dynasty, and
making peace on the basis of u territorial
on.ginn
Year: 1871

got through the Prussian lines (where miracu-
lous visions would not have been OF much use
to her), and why the saints OF the roman
calendar should take such excellent care OF q
nation which has just broken off tho con-
cordat and is understood to be not very de-
youtly inclined towards the Roman Church.
But with all these defects it finds plenty Oh
believers, and doubtless Tours and Pans are
wonderfully encouraged in consequence. we
may ridcule it--as of course we shail-Dut inc
curiously exalted state of the public mind IN
France which welcomes such delusions Is cer-
tainly worth considering. 1t indicates tom
per strangely like the noble but unreasonable
enthusiasm which gave birth to the crusades-
q temper in which people is capable OF any
sacrifice or any generous impulse, and entirely
blind to common considerations OF prudence
and sound policy. People in this temper
never know when they are beaten, and IN
dealing with them the ordinary principles OF
military science are entirely at fault. 1t is
impcssible not to admire their elevation of
spirit, even while we grieve at their follyj
but we should not forget that enthusiasm VIII
not keep off defeat forever, and the disaster
when it can no longer be concealed is all the
more crushing in consequence of the resolution
with which the people have refused to FORE
Year: 1871

The report that Commission was to be
sent from England to Washington to settle
the dispute about the Fisheries is now declared
untrue. The latest London journals received
here, commenting on the Presidents Message,
allude to the Fishery question as the most
pressing of the issues between the two coun-
tries and seem TO anticipate that trouble may
grow out of it. The disposition on tho part
of Great Britain to negotiate on this subject,
as well as other questions. appears favorable,
notwithstanding the refusal to send Commits
sioners for the purpose of explaining; and
ought to be met in like humor.
Year: 1871

The occupation of the advanced and elevated
position Of Fort Avron by the Germans Of
course made necessary the abandonment OF
other portions of the outer lines of the French.
Nearly all the positions north of the canal
IOurcq arc on low ground, within easy dis
tance Of Avron and BOndy, and as now enf-
laded Of course untenable. The loss Of this
commanding plateau of Avron appears to have
greedy depressed the Parisans, who doubtless
consider it as the prelude to the abandonment
of the Forts into which the Germans may now
Look dawn
Year: 1871

II s ominOus of evil for the invalid Sultan
that the Khedive of Egypt again grows insnb-
ordinate At this particular juncture, when
bis most powerful enemy presses toward his
capital, he may find it difficult to compel
obedience on the part of his most powerful
vlssGl
Year: 1871

The extracts from ex-SecretaTy COx's paper
in the current number of The North american
Rcric,c win attract wide attention, and be
carefully scrutinized by politicians eager to
so, < some further explanation for the sudden
resignation from the Cabinet of their author.
Year: 1871

The merry birds are singing,
And from the fragrant sod
The spirits of a thousand flowers
Go sweetly up to G0d
While in his holy temple


We meet to prais and pray
With cheerful voice and grateful lay.
This Summer Sabbath dayl
We thank Thee Lord for one day
To look heaven in the facet
The Poor have only Sunday;
The swceter is the grace.
'Tis then they make the music
That sings their week away,
Oh, there's sweetness infinite
In the Poor Mans Sabbath Day
IT'S as a burst OF sunshins,


A tender fall of rain,
That set the barest life a-bloom;
Make old hearts young again.
The dry and dus,g roadside
With smiling n .ev-
IT'S open Hcays an day in seven.
The Poor Man Sabbath Dayl
IT'S here the weary Pilgrim


Doth reach his House Of Easel
That blessed House, called Beautiful"
And that soft Chamber, Peace"
The Rivar of Life runs through his dream.
And the leaves of Heaven are at playl
lie sees the Golden City CLEAN,
This shining sabbath Day!
Take heart, we faint and fearful.
Your cross with courage bear;
SO many a face now fearful


Shall shine in glory there;
Where all the sorrow is banishod
The tere are wiped away
And all eternity shall be


An endless Sabbath Day!
All, there are empty places,
Since last we mingled here;
There will be miss faces


When we meet another yearl
But heart to hsart before we part.
Now altogether pray
That.we may meet in Heaven, to spend
The Eternal Sabbath Day
Year: 1871

az the time above stated situated on
LaudsrdaIs, Orleans and Georgia
streets, In the vicinity Of st. Agnes Academy.


In Offering this large number OF lots, We
place before the public a arare opportunity Of
making an investment In property which
cannot fail to increase in value, being so
centrally located that it must be hHed up in
preference to more distant points.


Accessible on the north side BY the Beals
street and on the south BY the Henand
street railroads, and travsrssd and bound
ed in all directions by broad streets, we are
confident that We cannot bring to the notice
Of those who want cheap home better
piece Of property from which to make
selection.


The terms of shs sale are made very easy

third cash; one and two years, with six per
cent interest.


rafn ram Ir,liir,a, tI,a reaHara nf This nnfica
Year: 1871

Easter Sunday is generally regarded as
the first Sunday of spring, and on that
day the ladies' throw of the sOmbre tint ed
garments of winter just IS Nature herself
renews her vernal tints. They love to
appear in bright array, TO shine out Ike
so many stars in a clear sky, blooming
with health and beauty, and as joyous
looking as'many-hued and bright rsiment
can make them. They love to give in
their dress q seeming to the joy that all
hearts feel in being released from the
melancholy and penitentisl days of Lent.
This year We are to have a more than usu-
ally joyous ushering in of Easter, and
fashion is already busy planning for the
day. The bOnnets and hats are to be
Of straw, with q plentiful adOrnment of
artificial flowers and ribbons. OF these
Miss DOherty has at her store, corner of
Union and Main streets, some exquisite
samples, such as argue a stock for Open
ing Day, the like of which rarely, if ever,
is seen in Memphis. On Thursday next
this stock viii be displayed, when we look
for crowd, for a rush and a jam of eager
purchasers, equal TO that we witnessed at
the theater on Friday night. We advise
our fair readers to remember the opening
at Doherty's, on Thursday, the 9Th of
April, instant.
Year: 1871

Several gentlemen who are heavy tax
payers, were in consultation yesterday
afternoon, devising plans for the relief of
the county treasury and credit. 1t is a
good work in which they are engaged ;
and since it was the duty OF the APPEAD
to advocate the subscription to the Mem
phis and Selma railroad, which calls for
an expenditure of money by the people, it
Will hereafter be the policy of this journal
to advocate rigid reforms IN our CITY and
county governments by which the sum to
be annually paid to the Selma road may
be saved. We deliberately assert that the
sum of one hundred Thousand dollars may
be annually saved to the taxpayers of this
city and county-nOt Tor five yesrs alone,
but through many successive years. The
hrst measure of reform consists, of course,
in the annihilatiOn of the scrip credit
system, which compals the county to pay
two prices for all it buys; and worse, in
dRces habits OF reckless extravagance.
But it is needless to point out systems OF
expenditure and rooted evils to which the
knife should be applied. The case is des.
perate1 and desperate system of surgery
is required by the sick public credit Of the
county and State.
Year: 1871

viii be here during the week, and will
run one branch of the court. The docket
win be divided into civil or criminal, and
both courts will run simultaneously. The
grand jury made return OF one indict-
ment yesterday.
Year: 1871

We heard Mr.. Booth speak at this place
on Monday night last-that is, if he really
in person did speak here, of which we yet
have some doubt We have been reading
the SACRAMENTO Union and other Republican
papers pretty carefully since Mr. Booth s
nomination, and from,tb unreasonable puff


ing and unmeasured. laudations showered
upon him as an orator and statesman, we
had perhaps gotten an ideal Mr.. Booth in
our mind, and was not looking for the COM
mon man, the ordinary speaker, and the
mere politician we found; and if this was
Booth, and as much GOODNESS and dissatis-
faction follows his efforts elsewhere as here,
and his campaign is a failure, much of the
blame will attach to the Republican press
for having led the people to believe he was
an orator, statesman, and fit fo Governor.
In the outset he failed to comprehend what
is even due to the cGiso to which Ire aspires
and talked of. the Governor as some mere
8 by Toward politician or polio, lawyer
would have done. He then drifted, looking
at his written speech and making some
twitching, tightening gestures at his mus
tache with oansbrie rag, that was not un-
derstood by the audience, into some cid
Sacramento Union figures which have been
proved false, He then took UP bis cid San
Francisco speech and repeated it through
without making a mistake, and wound up
with peroration which bystander said he
had heard him close Fourth of July ad-
dress with some years ago. When he got
into the San Francisco printed speech, which
we had read, we could keep right along
ahead of him, and consequently know that
he spoke it correctly. Before this meeting
the locomotives said Booth, the dogs said
Booth, and the bovincs said Booth; but now


if Democrat says boo, the Republicans
think they are throwing their candidate S
failure up TO them. 1t is now, at this writing,
two days since the speech, and we have not
yet heard Republican say Booth. Sargent,
by his vanity, insolence, falsehoods and shall
low sputterings lost about ten Republican
votes, who will now support Cofiroth. But
for the clown, Eastman, the crowd would
have gone home mad. Seriously, we wish
Mr.. Booth would recite his speech in every
precinct in the county and in the State, SO
he could be seen and known as he is, and
not what he is represented to be. Then if
there ever was doubts of Gavernor Eaight' S
election they would all disappear.
Year: 1871

The Stripes devotes much space TO vain
effort to confound aud n,isleaa the public as
to the facts of Booth s. record on subsidy bills
as shownnp in our last issue. We do not
venture to'imposc on the ignorance of any
man, though we have, it would seem, struck
one IN the person of the Stripes editor, who
is too dull to recognize facts or too slippery
to admit them. Last week we showed from
the journals and statutes of 1868 that Mr..
Booth while in the Senate of that session
acquiesced in the passage of faurteeu subsidy
bills, calling for the enormous sam of SS,-
272, 800 from the pockets of the tax payers
of this State, In Legislative bodies every
member who fails to oppose, by motion or
vote, any bill is counted forit. Fer instance,
in the State Senate there are forts Senators
and on the eall of the roll on bill twenty
vote foT it and nineteen against,it and Booth
lodges or refuses to answer, the bill is pass
ed, and his vote counts for it irst the same
as il he had recorded his vote for it. The
Senators all have an opportunity TO oppose
any bill aud. to place themselves on the jour
mails as asainstit, and when they do not do
SO they are for IL. When the ayes and noes
arc not. called, a Senator can move to reject
or indefinitely y postpone bill aud thus put
himself on record as against it, Therefore
we said, and now say that Booth did support
all these iniquitous subsidy bills. Our
neighbor sat at the desk during one session
of the Legislature and he knows all these
facts as well as we do, and why quibble and
squirm through column to try and save
his candidate from his infamous subsidy re-
cord. Why try to excuse MIR. Booth when
he does not and dare not deny what we have
said. The truth is Mr. Booth was the friend
of all this class of swindlng legislation, and
ip all his carefully prepared speeches at and
since his nomination he has never once said
or intimated that he would veto any subsidy
or thieving bill that might be bought through
the Legislature. apd in these swindling
times no such man should be trusted or vo-
ted for for Governor.
Year: 1871

The CRIT1c. had occasion in our
last issue to speak of our candidates and the
appropriateness of each nomination. To this
our neighbor objects and thinks that we in
tended some slur on the men on the ring
ticket. We generally write plain and say
what we think, so our neighbor may in the
future dispense with "inferring" when dis.
cusfing our articles. Human weaknesses
and virtues are as varied in character as are
faces in appearances, and there are no two
men on the ring ticket that we could speak
of in the same terms. Thls being tie fact,
when we begin to speak of.-thHir n.arits and
damerits we shall leave 10 doubt as to who
We mean.
Year: 1871

THE Trinity Press is authority for saying
that G. A, Taggart, the Republican nomi-
nee for Clerk of the Supreme Court, is very
unpopular in his section of the State, espe-
cially in Shasta and Trinity counties. He
was badly beaten for denomination fol
County Clerk of Shasta county by his OWL
party convention Another weak one.
Year: 1871

match for two like me. In vain
tried to think of some way of es


cape; there was none. The win


dow was strongly grated !; the


door dozen men like me could


not move. ! thought of my dear
wife and darling innocent babe,
and tears would come in my eyes
In spite of all | could do. What
would she say when l was borne a
ghastly, bleeding corpse to the


house. Sometimes | would try to


hope he would forget me, and not


COME back, but reason told me bet.


ter. | tried to pray, but instead


OF having my mind OH what said,


| was continually listening for his


returning footsteps. At last they


came, nearer and nearer, and as


he came in sightI noticed he car


ried a long carying-kniie in his


hand. As he approached the cell


he accidentally dropped the lamp,


leaving US in darkness. A faint
ray of hope pierced my mind
Could | not dodge out as he un-


locked. the door? Nearer and


nearer he came, and at last stopped


at the door. i could hear him


cropping for the keyhole. At last


| heard him insert the key and


turrit. Drawing in long breath,


l nerved myself for tie encounter,


and as the door opened, l made


spring at him, and Providence IA


vorlDg me, caught him by the COL


lar. Putting forth desperate ef-


fort, | twitched him, and tripped
him at the same time, sent hun
to the further side of the room
| Immediately sprang out and was
locking the door, when he rushed


to it, but finding it locked, reached
through the CRATES, and with his
knife struck me across the hand,
while | was removing the key
As he went,to draw back his hand, !
| seized it by the wrist and catch
ing hold of the knife with my
wounded hand, wrenched it from
him. The next day | left the asy-
lum for good, and have never b. en-
Inside of one since. We bought
this farm, and have lived here ev-
er since; and now, friend, you
can judge whether | can ever look
back to that night without a feel |
ing Of horror"
Year: 1871

The above gents, who have
drawn a great amount of money
that has aided to enrich them,
from the South, on being asked by
an Atlanta merchant to subscribe
for the picture of General R. E.
Lee, for the benefit of the Lee
Monumental Association, an
swered:


"Sir, l would not permit the
picture of such & traitor and Reb-
el to come into my house, if l
knew it-much less to encourage
the building OF a monument to his
memory by paying my money for
it. Think it is an insult for you
to do such a thing"


The Albanian asked Mr.. Lorill-
ard if he did not care for the
Southern trade. To which he re-
piled, that he would not give one
cent for it.


, The Atlanta Sun says =
"Would it not be good idea for
our merchants, in ordering goods
in that line to remember this in.
suit to our section? The Lorill-
ards have striven harder than any
other house of its class to obtain
our trade, aud have grown rich
upon it. Hardly house through
out the country but has a aashy
card of those men hanging in their
stores as an advertisement for
their goods"