The clarion. [volume], February 14, 1883, Image 1

About The clarion. [volume] (Jackson, Miss.) 1883-1888

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Clarion.
I
9.
Vol. Xlvi.
flHE Illinois Central makes a rate from
Lesgo to ftin Francisco, via New Or-
uu, the same as by tne union l'acilic.
The Governor of Texas in his recent
jgsage recommended important limita-
Las in the class 01 cases submitted to
hit juries,
and a bill has been intro-
in the Illinois Legislature for the
tal abolition of the grand jury system.
Jute Seed and Silk-Worm Eggs.
feaator George, in a note to C'ol. Ju
fct, states tll!,t tne agricultural Depart
lot has note jute seed for distribution,
bas it any silk-worm eggs. The ap-
fcations for both are numerous, but
tot be supplied at present.
Che Pearl River Nkwb is the title
k paper recently started at uoiumbia,
fetissippi, by Mr. D H. Dale. Colum-
1 ie the seat of justice of Marion coun-
lanil was at one time the capital of the
te. The News is well edited and ncat-
priuted. In the issue before us, we
En timely article in favor of biennial
tions.
he Natchez Democrat says that Ma-
Belton Mickle will retire from the
Lerintendency of the N., J. & C. rail-
in a day or two, and will, as soon
lecessary arrangements are made, enter
In a survey and location of the road
1 Jackson to Columbus; and that
Mickle will be succeeded by Col.
b. Frost, formerly manager of the N.
St. L. & C. R. R., and, by the way,
I of the most successful and efficient
wgers in the country.
The Supervision Question.
loll Watchman.
tin' rk'lit of the people to regulate the
Iges of transportation upon an equitable
through forms of. law, in return for
they have surrendered in granting
e corporations the right of eminent do
a hampering restriction r Why
d organized capital be thus favored?
m a citizen of another State comes into
isMppi with a few hundred dollars to
it in a small farm, why does not even
!d juRtice exempt his capital and prop
froin taxation for a series of years and
t him privileges that others do not en-
Are the ideas of our so-called "prn
ive friends" as extensive as this? I"
bat kind of a government would they
Hire were such ideas to take the form of
How long would it be before every
!B of Mississippi would seek a home
rhere in order to escape the burden of
lion thus heaped Upon him? If it is
;to extend those privileges and exemp
1 for corporations, it is right to extend
Mme to individuals. The only difl'er
1 between the two classes are: one is
rganised body of men with immense
!sl, the other is a weak individual with
ed means ; one is strong enough to de
l,th other is t oo weak to ask ; one is re
ed and worshipped because of its prep-
, the other is lrowned upon because ot
vcrtv: and the policy advocated tiy
who obstruct "supervision of corpor-
" tends to make the rich richer, and
or poorer.
Cruelty to Animals.
Ial Springs Meteor.
here anv liw in Mississippi to prevent
hiunitv 1 1 dumb beasts of burden?" The
pburg Herald asks this question and
lers it by printing section 8U4 of the
lof 1880, as follows :
lit enacted by the Legislature of the
lof Mississippi, That if any person shall
uue, overurive, overioau, torture, uii -deprive
of necessarrv sustenance, or
iy beat or needlessly mutilate, or cause
rocttre to be overridden, overdriven.
waded, tortured, tormented, or deprived
msary sustenauce, or to be cruelly
a, or needlessly mutilated, or killed,
foresaid, anv livinir eieatnre. every
offender shall, for every such offence,
luty ot a misdemeanor.
e penalty attached to this is a fine of
s than 10 nor more than $100, or im
ping 30 days or both. It is not a rare
vnce to see negroes and even white
MltM
Imperially during the supply season,
Hna abusing their oxen land otner
I) in an inhuman manner. It is be-
: AND
there has been no attention paid to
lj officers because it has not been cus-
arrest such offenders, that the
I public has let the practice escape
Pol. Were these abuses generally
,pnblic indignation would at once
an investigation hv low However.
wt lies with the officers, who are
1 to do their duty in this respect as
' "i otners. It is simply grogs neg
l their part that dumb animals of bnr
,t w
! constantly subjected tn the cruelty
chins,
iing numans who are a little below
inch''
nies that tbev mal-treat. If it re
psocieties for the prevention of cruel
fwmals in order to bring about a re-
""", mey should be organized ail
"estate.
Pe observations are just and time-
Wre ig no more open and defiant
i of law no more horrible form
y-no more greater destruction
rty than is perpetrated in the
treatment of beasts. The
1 practice is of such common oc-
that we are amazed that it has
1 the attention of grand jurors and
' Perpetrators have not been vis-
I'h the full measure of punish-
Provided by law. Every Judge
give ir. in cVxarrrn tn rmnd
" -- V..... . vw -,- -
Tery grand jury ought to bo
r m finding indictments; and
iPttsecuting attorney ought to be
"8 m the trnsMitinn nf ntTc-n
Mhe hal.i
W 1
map-
. such flagrant and cruel na
r of
v the constituted guardians of
surprising.)
Jackson,
News and Notes.
The attorney general of Alabama has sued
ut attachments through the Circuit Court
of Montgomery, and levied upon all the
property of Mr. Fred Wolffe, including store
and dwelling houses and 246L shares of
Louisville and Nashville Railroad Com
pany's stock. These proceedings were tiken
by the attorney-general on the ground that
the money received by Mr. Wolffe, through
his bank, belonged to the State. The total
amount of cash he received from Treasurer
Vincent is$139,37t.
Twelve soldiers and a Lieutenant, armed
to the teeth, guard the tomb of President
Garfield at a cjst of V-JS1 a mouth to the
country. Why is this?
Queen Victoria has twenty-two grand
children and will soon hav twmty-four.
The Kansas House Committee on, Rail
roads has reported a bill fixing the passen
ger rate at three cents per mile, and author
izing the appointment of three railroad com
missioners who shall receive a salary of
$3000 each.
An ear-trumpet has been invented in
England, by which the faintest sounds are
gathered up an ! made audible to the lis
tener. The act of Congress links the United
States government with the proposed Cotton
Exposition of 1884, and assures it all the
strength of its influence and'power at home
and abroad. It is to be opened and closed
by the proclamation of the President, all
entries by foreign nations are to be admitted
free of duty, and the medals to be awarded
are to be made at the United States mint.
The government does not pay any subsidy,
makes no appropriations or subscription,
and is not in any way financially responsi
ble for the exposition, at which it will be re
presented by thirteen commissioners.
Since Friday the rains which descended
in the country lying between the lakes and
the Ohio and Mississippi rivers, have
destroyed, it is estimated, upwards of
000,000 worth of property.
The House Committee on Railroad) of the
Kansas Legislature have reported an impor
tant measure for the regulation of passen
ger and freight charges and to prevent pool
ing to the detriment of the public and other
abuses. A railroad commission of three mem
bers is also provided for.
On a plantation in Laurens county. South
Carolina, some negroes killed and ate a
goose which had been bitten by a mad dog.
Five of the family have died, and four
others were in convulsions at the time of
the last report.
A bill for local option is before the Flor-
da Legislature.
California is overrun by tramps, and her
legislature is discussing means of suppress-
ng them.
The value of the wood which is annually
trarned in this country is three hundred and
wentv-two mill ions of dollars.
W. A. Childs hue been arrested on the
barge of robbing -the mails. Chills had a
earing oeiorc united states i nmmissioncr
Dimmiek and pleaded guilty to the charge.
Bond was fixed at Hf)00. lie was special
Post Office agent in Alabama.
The bill having for it object the revival
ot the American merchant mantle seems to
have been hopelessly stranded in the storm
which the tariff bill has raised in the house
Mahone is not conspicuous the senate
during the tariff debate.
Much damage has been done by the over
flow of the Tennessee river. A considerable
amount of corh and cotton of last year's
crop was caught iu the fields by the floods
and destroyed.
At the request of the New York Society
for the Prevention of Cruelty to Children, a
nolle prosequi was entered in the twenty
four indictments against Rev. Edward Cow
ley, who served tC term in the penitentiary
and paid $250, being convicted of cruel
treatment of a child In the Shepherd's Fold,
of which he was manager.
At Detroit, Michigan, John Day fatally
shot a young man named Freeman, who was
eloping with his daughter, at Roxana, near
Charlotte.
Ex-Senator John B. Gordon expresses-nq
desire to return to public life. While a Sen
ator he was poor and overworked. In less
than three years after leaving the Senate he
has become rich and happy.
At Chattanooga, Tom Wiggins, colored
cut his wife's throat and then his own. The
cause of the terrible act was jealousy of a
colored parson.
At Plaquemine, La., Daniel Scott and Eli
Sarrcni, his brother-in-law, colored, got into
a fight. Scott's wife stepped between them
to separate them, when she was killed out
right by a shot from her husband's pistol.
He then fired again at Sarrem, wounding
him severely, in the back. So far Sarrem
has evaded arrest
From Lamar, in Barton county, Mo.,
comes the story of a homicide, 3". A. Doran
having shot and killed his father-in-law, M.
M. Smith. Doran was a ne'er-do-well, who
married the daughter of Mr. M. M. Smith,
one of the wealthiest fanners of the county,
against her father's wishes.
Marshall Jewell, former Postmaster-Gen-
oml. died at Hartford Connecticut on the
10th after a brief illness.
A game of poker at Fort Worth led two
of the wealthiest men in Texas to draw re
Tolvers for a settlement. Eight shots were
Mississippi, Wednesday, February 14, 188
fired, but the only person injured was the
occupant of an adjoining room, who wa
shot through the right leg.
Ex -Gov. Davis, of Texas, is dead.
At LaSalle, III., while officiating at a mar-
riage service, Rev.Gco. F. Bronson, pastor of
the Congregational Church, fill dead at the
feet of the couple he was marrying just as he
pronounced them husband and wife.
Over the State.
Meridian Obscver : On last Wednesday,'
Dr. Lowrywhowas attending ou a colored
woman, Sarah Webster, pronounced'lier dis
ease small-pox, and she was taken to the pest
honse, beyond the city limits, where she is
now under medical treatment.
Meridian Meret rv : Capt. W. C. Day,
the accomplished School teut'her of Marion
station, left that place las-t night for Rose
Hill, Jasper county, where he will take
charge of Kose Hill College. Dr. Moody,
who went down to Hickory to look at the
town last Friday night, returned Sunday
morning. He was well pleased with the
town, and will leave the city this evening to
make Hickory his future home.
Wi stville News: Mr. B. F. Berry living
on Big Creek, in this county, raised last year
208 bushels of rough rice, in addition t a
bountiful harvest of other crops. That is the
wav to live at home.
Ripley Sentinel : Gen. Chalmers has
commenced taking testimony, preparatory
to his contest for a seat in the 48th Con
gress. Col. Harris is attorney for Gen.
Chalmers, and Ed. M.Watson, Esq., for Col.
Manning.
Oxford Eagle : The friends of the late
Prof. R. J. Guthrie will receive with sincere
regret the announcement of that gentle
man's death, which occurred some days
since, at Boerne, Texas.
The citir-ens of Natchez have purchased
for Bishojt Thompson's use the "Dunleith
Mansion,'' in the suburbs of Natchez, one
of the finest residences in the South.
Raymond Gazette: Robert Flanagan,
who was confined iu the county jail under
the tramp law, bad a hciirintr immediately
upon the opening of the court, C. S. North.
Esq ., representing the accused . A f ter hearing
the facts in the ease, and being satisfied thai
a man with $49 in his pocket could not be
held as a vagrant, Judge Wharton promptly
dismissed hi in.
Mr. Shepherd Brown's death in Bolivar
comity is announced. Previous to the war
he was n member of the firm of Rotchford,
Brown and Co., cotton factors, and was also
engaged in the banking business in this
city and Vicksburg, with the house ot
Brown, Johnson & Co. and Brown & John-
sou, lie was aged 83 years at the time of
his death.
Ripley Sentinel : iir. Jno. Y. Murry. of
Tippah county, is a candidate foe floater to
represent Benton and Tippuh in the next
Legislature. Dr. Murry is a life-long citizen
of this eountv and
Mikity known to al
ia an unwavering
niott evcrv man in it,
Democrat and if elected
Representative.
Mississippi Farmer :
will make a irood
County surveyor
south Scott county
M. V. Molina i die 1 in
last Tuesday of pneumonia.
Lexington Bulletin: Mr. Win. C. Saftold,
an old resident of Scott county, but for sev
eral years a citizen ol Mayficld, Ky., is here
attending Chancery Court. He has about
made up his mind to return to this county
and open up a stock farm.
Raymond Gnzette: Capt. Jack Willis,
after an absence of two or three years from
Hinds coanty, looks natural behind the rail
ing in the Court house.
At Moss Point, on the Gulf Shore, Mr. E.
DcSmet has two mills running day and
night, cutting over 600 logs every twenty
four hours. All the mills in this place have
all they can do, with a ready market for
lumber. Every available lighter and tug
boat is engaged in transporting the lumber
to the shipping in the Bay and to 'points
along the coast. The three-masted schoon
er Babert Ruff was loading on the 7th at W.
Penny & Co.'s planer with two hundred
thousand feetof dressed lumber for Mexico.
Macon Beacon : Mr. John R. Cockrell
saved 150 large wagon loads of Burmuda
grass hay last year. And better hay we
never saw in any country. It is tender,
green, crisp and sweet. Stock eat it in
preference to almost any other variety of
long forage. We notice Dr. J. N. Holman
hauling through town to his stable a quanti
ty of superior Lespedeiza hay, which he cut
from Mr. Bryson's land last summer. He
saved sixty wagon loads of it, and says it
cannot be excelled as food for stock.
Collin's Poems is the tittle of a new volume
of short poetical pieces by J. Guy Collins of
Mississippi and published by his widow,
Mrs. Lou Ellaenor Collins, Rogers & Co. of
Memphis, printers.
The Newton Free Press learns that the mail
bags on the horse mail from Philadelphia,
Neshoba county, to Union in Newton coun
Mr, was robbed on the 7th inst of abont$420
There was a negro boy carrying the mail
and he as usual, received the bags of the
Postmaster of Philadelphia and started on
his route for Union, when he reached first
Postofiiee, midway between Philadelphia
and Union hi discovered a very small slit
ent in the bag and called attention of the
Postmaster to the fact, the bier was marked
in bad condition and forwarded on by the
n err. to Union, where he delivered the
mail and received the return mail aud
started back again, just before he reached
Philadelphia he was arrested and lodged iu
jail.
The Free Press says a mad dog was on the
rampage in Neshoba county last week,
The dog bit a cow twice and afterwards at-
tacked and bit another dog. It was finally
killed.
The Natchez Democrat savs the people of
that eitv have despaired nf gettini: the Mem
phis and New Orleans Railroad Company to
run their road bv that city.
CHARLES E. SPURGE0N,
OF THK LONDON M I'TRnrOMTAN TABER-
ACI.E.
Charles Haddon Spufgoon, who dis
cards the usual title of reverend, is ait
English ISaptist minister ot the liberal
typo. While he teachM that baptism
should he administered to believers ex
clusively, he administers the lord's Bup
pr to those who differ from him in this
viw. On the other hand, he is the pan
tor of a church which refuses church
membership to all excepting those who
hqjd that only persons who have been
baptized after the profession of their
faith in Christianity, should be admitted
to church membership, All the menv
bers of his church tire, then fore, Bap
lists, but nil christians arc welcomed to
commune with them. He has revived
old-fashioned Calvinistic preaching in
W-eb-tnd, but those who condemn what
is in their view narrow theological teach
iug, admire and love its whole hearted
manly and genial defender. Mr. Hpur
geon's wonderful succes us a minister
Seems to be due in great part, to his sym
pathetic, sunny and brotherly disposi
tion, his humor and ready wit. Asso
ciated with thou and tending to the
same end, is his uncompromising adher
ence to the theological scheme which he
embraced in his early life, 11 in teach
ing is certain and consistent, and also
characteri.ed by an extraordinary sim
plicity of expression, assisted by apt illus
tration. He is a dilie-ent. student of the
PuHtan divines, of Buuyan particularly.
His delivery is easy, perfectly natural
and unallecti d, eahiest but not impas
sioned, highly pleasing and impressive
but not exempfyfyiug the highest form
of oratory, His appearance is dumpy
and neither very Intellectual nor refined,
but his smile is fascinating, and his voice
is sweet, clear and flexible. Mr. Sjnir
geon is the son of a Congressional minis
ter. He was born at Kolvedon, Kssex,
England, in 18IM. When fifteen years
old he left school as a pupil, and engaged
himself as an under teacher at Newmar
ket. After a remarkable religious ex
perience he gave his thoughts to the
ministry of the Baptist denomination
of which he had become a member. His
first sermon was delivered while, he held
the position of assistant master in a
school at Cambridge, was preatdied in a
tiny village chapel and was heard with
considerable interest. His services were
sought eagerly after this, and he was
known over a considerable piece of coun
try as "the boy preacher." At seventeen
years of age he assumed the pastorate
of a Baptist chuch at Waterbeach, from
whence he removed to tuo INcw 1 ark
Street Chapel,Southwark, London, where
he attained marvellous popularity. His
congregation so far outgrew the accomo
dations provided that in 1859 the erec
tion ot a monster building was decided
upon. It was opened free of debt two
years afterwards, and from that day un
til now has been attended by a congrega
tion averaging over six thousand persons
on Bundavs when the great preacher
: ! ...... vc Lf
mce preached to a congregation of twen
ty three thousand at the Crystal Palace
near London. When during the progress
of repairs at his Metrapolitait Taber
nacle, he preached in the Agricultural
Hall, Islington, his audience numbered
about twenty thousand persons at every
service. Connected with his church, out
growths of its energies, are the pastors
college, from which several hundreds of
voting men have been sent out as minis
ters, and an orphanage which was begun
at the instance of a lady friend who sent
Mr. Spurgeon a check for one hundred
thousand dollars with which to begin it
Alwut three hundred orphans are fed,
lodged, clothed and educated in tins in
stitution. Other institutions connected
with the Tabernacle are a colportage as
sociation, alms houses for aged women,
missionary station, Sunday schools, a
mission to the blind, ladies benevolent
and maternal societies and many others
Mr. Spurgcon was happily married when
a very young man. itis ttviu son he
bus no other children are ministers.
Charles, whose church is at Greenwich
England, recently visited this country
and preached frcouentlv. Thomas lives
in New Zealand.
' -
SUPREME COURT REPORTS.
October Term, 1882.
REPORTEO WEEKLY BY UOllT. SHOTWELI..
Dksnis Barnes, i
State.
j
Appeal from the t'ir-tiit Court of Oktib
beha couuty, Hon. James M. Arnold,
J udge.
Both the jmies for the week being en
gaged in the consultation rooms in consider
iition of esses submitted to tbrm when -pellant's
case was called for trial, the court
below empanelled a third jury, using for
that j u r pose, three tnembeisot the regular
panels w ho had been temporarily challenged
at excused, aii'l filling up the new jury with
talesmen summoned frum the bysilandcis
When arinigiii d before this jury thus con
stituted, the defendant challenged the array
on the ground tluit the court had no legal
jn'Ucr to empanel a third ju y, nud that hi
bad a right to demand a trial before one of
the regular juries for the week. His objec
tion being overrated he was forced to pro
ceed to a trial which resulted in his convic
tiou of grand hire, in .
S. If. &. V. C. Meek and Dennis A Bridgs
and J. T. Chiles, for appellant.
J. u Harris, acting Attorney General,
cntm.
I'll M Ml. US, J.
IIM-
1. Our statutes provide for the formation
of two juries only for each week of the term
of u Circuit Court, but there is no express
i mhibith:ii of u third and nothing which
can be construed a expressly limiting the
number to two. All of our laws on the sub
ject of the organisation of juries are de
clarer to be directory and not mandatory
Cede 18S-0, H Um, 1G93, 167K.
2. It baa been held from the earliest time,
tiiat where no statutory provision prevented
it, the course pursued in this ease less
proper. It is said that if there be no mem
ber of the regular panel present, the court
cannot iif its own motion organise a jury,
save iu the special states of cases provided
for by tin- statute ; but ao long as there is a
sinyle member of the. regclar venire in at
tendance he may be utilised as the basis for
the formation of a new jury and that the
power to do tbui will not be defeated by
chtdletiKing or excusing such juror.
3 No better reason seems to be
given for the difference ir. the power
of the court caused by the lireseuce or
absence of a member of tne regular
panel than such as may be derived from
the use of the "lalft" of the common law
writ of Hah tUciicumduHiiltu." The Sher
iff being ordered to summon "Utlri Aowt'nra."
It is. said that there must already be one or
more HMD in attendance, and that those to
be summoned must be "such as" those al
ready present or ' so lusuy as" may be
requisite to complete the panel.
4. Whether it would not be more conso
nant with reason to bold that as the trial by
jury is older than any statute governing it,
Slid was a principle or evolution of the coin
moil law, the power of the court to invoke
the aid of a jury in ascertaining a question
of fact was inherent, and 00 It Id, in tiie ab
sence of any express or implied statutory
inhibition, he exercised whenever the exi
KcncicH of the situation demanded it and
therefore that it fill net depend upon the
fact of the absence or presence of one or
more of the members of the regular venire ;
Quart f Affirmed.
(To be reported.)
S. M. Ross, Mayou, etc.
V.
I!. K. WlHBKBLY,
Apjn'til from the (
iiusba county, lit
eUlt Court of Yabi
Jno, W. C. Watson,
Judge.
On the i0th day of .January 1880 the char
ter of the town of Colleeville was repeal d
by the Legislators, One month thereafter
the town was reincorporated by the. iinc
name, with substantially the same powers,
but with some excision of territory and pop
ulation. Appellee was constable of the town prior
to the repeal of its charter and allowances
were made to him as such by the Mayor and
Aldermen, but the allowances were not, paid
and this mandamus is brought against the
Mayor to compel him to issue a warrant, on
the municipal treasury for the payment ot
relator's claim. Under the old charter there
was no such officer, as Marshall, but the
duties of a coasts ble under the old charter
were indentioal with those of the Marshal
under the new. The allowances under the
old charter were made to him as marshal,
when in fact mere was no such officer.
Gollady k Lester for appellant.
Guthrie A Buntin, and W. P. & J. B.
Harris, contra.
ClIALMKBH, J.,
Held
1. The legal effect of the repeal of the
charter was, not to extinguish the debts of
the original corporation, but to leave them
subsisting as valid obligators against the
new one. the case J'ort (Jtbton v. Moore, VI
8. & M. overruled.
2. It is immaterial that under the old char
ter, there was no such official ss Marshal eo
nomine.. There was a constable whose duties
were identical with those performed by the
Marshal under the n&w charter. It is ad
mitted that the relator was tbst consta
ble and that the allowances were in fact
made to him. He does not loose his rights
by the .'misnomer of calling him Marshal.
Affirmed.
(To be reported.)
IlENar Conn Adm'r.,
Wilsok Lees, & Co. j
Appeal from the Circuit Court of Tishomin
go county, Hon J. W. Buchanan, Judge.
Appellants as adra'r., of K. B. Cobb, deed
brought suit on an account stated against
appellees. Defendants presented among
other items an ollset of 100. K. B. Cobb
had been a chief clerk in defendants mer
cantile establishment, and in the course of
the business he or some one else hud mis
placed or lost a tdOO bill. The plaintiff
moved to striae oai tins item ss not consti
tuting a valid offsot, which was refused and
tins is the solo question.
J. B, Reynolds, Calhoon & Green, for ap
pellant
Whitfield & Young, contra.
Coo per, J.,
Held ,
The item presented by appellees is not
such as mnv be availed of as an offset in
this suit. Their rijrht is to pursue the plain
tiffin an independent action for the ncidi
gent performance by the intestate of the
No. 7.
duties incident to his employment. Neither
debt nor indebitatus assumpsit could be main
tained, but resort must be had tj a special
action on the case. Reversed.
(To be reported.)
B. K. BottRLAMD )
vs. I
BttARD ScrKuvisoas, Itawamba Cocstt. )
Appeal from the Circuit Court of Itawam
ba county, lion. J. A. Green, Judge.
J. 8. Bot-.rland gave his neighbors permis
sion to erect a school home for their conve
nience and use on land which he had previ
ously conveyed to his son, B. K. Boorland.
bat which he expected would bo rcconveyed
to himself by reason of a verbal contract
between himself and aon. The house was
built aud used for many year for the purpo
ses for which it was intended, and this fact
the son well knew. He sanctioned aud
glued to it in many ways. The school
house was first used for a private pay school,
and subsequently both for a private school
aud for the common or cnunty free school ;
the county ant. .unties being requested to so
us.- it by the neighbors who built it. This
use bv the public authorities continued at
irrearulsr times for eleven years, entirely
without objection either from J. 8. Hour
land or bia son. The sale of the land was
never rescinded between the father and
on, and the former being now dead, tho
latter has taken exclusive possession of the
house, and forbidden its use as a school
house This actiou of unlawful detainer is
brought by the board of supervisors of the
count y,ss representing the school authorities
of the county, to regsin possession. Judg
ment below w rendered for appellee. The
motion for u new trial was overruled, but
Be exception was taken to this action of the
Conrt.
W. I.. Clayton and L. lira me for appel
lant. K ew nan Csyoe contra.
Chalmers, J.,
Held
1. If II K. Hon rln nd himself had given
to hia neighbors an express parol license
to use his laud in the way it was used, they
wonld not thereby have obtained any legal
right to demand that such use should bo
perpetual and certainly none to assign it to
other persons.
2. A parol license in lands is usually recov
erable at the will of the licenser, and is
never assignable, so that, whatever may bo
the rights of the licenaees in this esse s to
the building erected by them, they eerbdn
l v had nothing which they could assign to
the sidiool authorities of IheeountV or (Kate.
3. Kven when the order overrnl ing a mo
tion for a new triul is not excepted to, this
Court may look into the testimony for
the purpose of considering the rightful
ness of instructions.
Unversed and remanded.
(To be reported.)
John C. Si nwiTu
vs.
Has All R.WronoTi
Appeal from the Chancery Court of Oktib
beha county, Hon. F. A. Crltis, Chancel
lor. Benjamin P. Siiddnth, now dee'd, convey
ed In 1 871 certain real estate and othe
property to appellant as trustee for the use
of his wife, Sarah K. Suddoth, and the chil
dren of her by him to be begotten, and in
ease of her death without children Uieu the
property to revert to tho heirs at law uf tho
grantor! He left no children by her.
M. II. Butler and Wood A Wood for appel
lant. Muldrow, Nvh & Alexander contra.
Coopku, J.,
Held
By the conveyance to the trustee thero
wits limited a usi; to Snrnh It. Hiiddoth and
the hfirs of her body begotten by her then
husband, the grantor. 'Ibis, under the stat
ute (Ir thma, would have been a fee tail,
mnl by our statute is converted into a feo
jtple.
I) oree nflirmed.
To be .reported.
Ntvrn. In case Huh WnlKinn n. Slate re
ported in last issue, llou. J. W. Iluchanan
presided instead of Hon. James M. Arnold,
as reported.
SUPREME COURT DECISIONS.
RW'OHTRO WEEKLY BY .'. C. OAMPIIEIX.
Jackson, Mm, Monday, Feb. VI, 1853.
The following cases'werc affirmed :
3!MW J. It. Boyd, vs. Win. F. Hawkins.
401411. A. Fleming, vs. Bute of Mississ
ippi. 4012 Lee Mutual Fire Ins. Co., vs State of
Mississippi.
4118 C. St. L. AN. O. R. R. Co..', vs. Moss
A Co.
4144 Dave Field, vs. State of Mississippi.
4147 S. J. High. vs. T. 0. Prion et al.
4173 J. M. Ilightower, vs. J. L. Harris A
Co.
41fO Chsse A Cabott, vs. Murdoek A Parch
msn. The following cases were reverted andrt
manded ;
4025 E. A. Meaders Jr., vs N. D. Gray.
4117 V. Nt. It. & rl. O. K. 11. UO., VS. V
V.
Trotter.
4120 J. A. Monenhan, vs. T. K Cannon.
4184 J.J. Btoeksrd, vs. J. W. Eckford.
4140 fas. Xf . Green, vs. David Lake.
40:i."i H. Owin. Auditor, vs. Miss. Valley A
8. 1. R. R. Co.. renreument denied.
4103-Hattie, E. Brantley, vs. Walter B.
Wolf, reversed and dismissed.
H. A. Fleming sentenced to be hung Wed
nesday, March '28.
k Mississippi Inventor.
(Scientific American.
An improvement in the manufacture
of shoes without side seams, has been
patented by Mr. John Haszinger, of
Vicksburg, Mississippi. The invention
consists of an upper having the tongtio
bo formed as to provide edges for attach
ing tic-straps, the object being to provide
a seamless shoe which is strongly sup
ported ut the instep, nnd which is made
at a minimum of cost.
Coi-itiER-JotiRNAi.: The House Tariff
Hill generally Increases the duties on
hardware, cutlery and firearms. The
cheaper varieties of guns, now paying a
duty of thirty-live per cent., are taxed
from 100 tn "ifHi per cent., which looks its
if the tariff tinkers intended tuaf only
rich people should have shot-guns of uny
variety.
t