The clarion. [volume], June 06, 1883, Image 1

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

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The
Clarion.
Xlvi.
OL. 2
Memphis. Ed- Garvin has been
the Criminal (.urt, and found
,f gambling. A motion for a
wag overruled by Judge Greer,
irvin was then sentenced to one
the penitentiary and to pay
$200.
earl River Improvement.
nteen thousand dollars of the gen
benment appropriation are avail-
the imjrovement of Pearl river.
Lf Jackson, and we have the au-
( Maj. Anion Stiekney, Y. B.
to "hose direction the appropria-
cimtided, that the work for that
the river will Ik- commenced this
fxiMKNTARY. Col. Ed. Richard-
esident of the Cotton Exposi-
Jew )rleans, in a business letter
(i. D. i'.ustamante last Friday.
ilio following postscript : ''I think
hide opened the way for getting
msition here. We are going to
In in earnest." The article above
I to was published by Capt. R. in
Orleans Times-Democrat in ad-
lof New Orleans against Louis-
ln the 20th of March. 1883.
Church Semi-Centennial.
Presbyterian church at Port Gib
ill was organized fifty years ago
Zebulon Butler, l. I) , will oele-
Semi-Centennial on Sunday,
111. The present pastor, Rev. 1).
bk, will give a history of the
front its beginning to date. The
promises to be one of rare in-
Hie Commencement exercises
Ibcrlain-Hunt Academy will fol-
ng the next three days.
Kppi Graduates at Peabody
tal College, Nashville.
commencement exercises of
bge, May 30th, there were forty-
luates of whom the following
Mississippi: Miss Tallula
, class valedictorian, 3d honor;
lie Sullivan, Starkville; Miss
tie, Water Valley; Messrs.
(.wart, Jackson; W. S. Graham,
IT. B. Kirk. Columbus; J. 0.
luka. There are now seven or
arshlps vacant for Mississip-
Fougaloo University.
Institution for the training of
louths closed its most IUCCSU-
Q Thursday last, after a pro
f rare excellence in music,
i orations. The chapel was
with a very attentive audience.
Galloway was present, and
e of his happiest talks. His
greatly appreciated. Messrs.
itgonierv, D. R. 1 learn and J.
were present as members of I
i . . . ,
Board of visitors, I here
pupils in attendance last year.
194 were boarders. Board is
Hollars per month; tuition from
to one dollar. The students
portion of this in labor. The
five hundred acres is in a high
cultivation. The best plows,
pd other implements are used.
cattle and swine is one of the
liung features ot lougaloo.
(Stanley Pom'. President, and
mt corps of assistants, are doing
jrork for the colored youth of
k
Jackson, Mississippi, Wednesday, June 6, iS8;v
No. 23.
Principle of Common Law.
tee Personal Discomfort A
corporation recovered $4,500
n an action tor nuisance against
N and repair shop, so con-
that the smoke and cinders
n rose and fell into the church
rsonal discomfort of the conte
nd to the injury of the clothing
Embers, in this case, on error,
and Ohio Railroad Company
Baptist Church, the Supreme
the United States affirmed the
Judge Field, in the opinion,
rhat is a nuisance which annoys
irbs one in the possession of his
rendering its ordinary use or
Hi physically uncomfortable to
damages will be given, anu u
iiice is continuous an lnjuuc
Ited against the wrongdoer. 2.
V authority was conferred bv
er of the railroad company, it
ipanied with the implied qual-
that its works should not be so
ihvthpir n to unreasonably
I with and disturb the peuceful
inaoie enjoyment oi outers in
ertv. The trrear, nrineirde of
wmlaw, which is onuaUy the
N Christian morality, so to use
Prtv as not to iniure others.
IT other application or uso of
ana powers cnnterrcii.
Ilc here laid down, that no man
t to use his property to the
another, if strictly observed.
e a great deal of bad blood and
Correspondence of The Clarion.
The H. 0. & N E. Railroad The
Changes it is Bringing About in
South-East Mississippi Hew Eliis
viile. IU Business and Prospects
The EiliiYille Eagle, Jones Conn-ty-Its
Advantages, and Honest
People- Burrell Arington, the
Great Stock Man Poplarville and
its Prospects-The Marion House.
Poplarvillk. Mas.ow Co., Miss. )
Way 19, l&kj. ,
Fpitoss Clabiok: Upon the night ot
the 13th of May your correspondent boarded
the VirVsl.urg & Miridian train at Jack
eon depot, ami under the safe cure of Con
ductor he wa in due time landed in
Meridian; a g.v.d breakfast St the R.u;s
PALK Hons! Pl me in gMd traveling trim
for New Ellisville, to whieh pluee I had ihe
pleasure of he in a taken upon
THE FIRST PASSENGER TRAIN
that ever entered that emhyro city, upon
the New Orleans and North Eastern Rail
road. The train consisted of two passenger
coaches, a combined Baggage and Postal
car and several freight cars ; every one was
full. passenger coaches as well ns freight
cars, a r'ght good beginning for a new Rail
road and a new town. OuMruin left Meri
dian at 8 o'clock in the morninc, through
the schedule says 7JsJ o'clock, and arrived
at New Ellisvilla at o'c'ock P. m., pac
ing over a magnificently built road bed,
ith very substantial bridges, many of them
being iron, and the whole road laid with
the heaviest of atttl mils ; when I think how
quick this work has beon done it seems al
most incredible; it has saved me those
dreadful forty mile rides on horseback that
I used to take from Shubuta to Kllisville.
The distance to Ellisville is about (53 miles,
and in the transit you pass through Lauder
dale, Clarke, Jasper and Jones counties,
entering the latter near ''Erata." Several
new towns have already sprung up on the
new Railroad, "Pachuta," "Vossburg,"
"Heidelburg," "Sandcrsville'' and New
"Ellisville," hut only Vossburg, Heidel
burg' and Ellisville gave evidences of gen
uine growth. At the tat ter towns, the lands
of whieh belongs to Capt. W. II. Hardy, I
was surprised to find so many store houses
erected and so many merchant! already in
business, or getting ready to meet the large
trade thut is coining there. It is the trade
that has heretofore gone to Shubttta,
Waynesboro, .Meiidian, and Enterprise and
built tip and sustained those places so well.
Now everything is changing out here, and
the merchants of the towns upon the Mo
bile & Ohio Railroad so seriously affected
by the construction of the new railroad,
lading that they were losing trade, they
have removed in whole or established
branch stun s at various points upon the
new road. Hy this piooeediug they ret in
their old trade and gain new custom, as the
new railroad is drawing trade away from
the New Orleans & Jackson Railroad, Also
NEW ELLISVILLE
is only about tiiree quarters ofs mile from
the old town, (whieh only consisted of half
a dozen old houses and the Court-house,)
and is located upon a beautiful preen SUoH,
and from the way the place is growing I
think it It going to be a considerable village;
It certainly has good prospects before ii. I
had DO Opportunity of obtaining the names
ot the linns doing Business at Hie upper
towns, but at Kllisville I did. and among
them will he recogi.izi'd the nanu s ot sever
al from sihubutu, Meridian and other points
on the M. A O. Railroad. The business
firms of Ellisville, are ii. DuBose, J. M.
lira lley & Sons, Kelly A Miller. J. Q. Wei
born 4 Co., N. B. Phelby, Jesse Myers,
Chaiopenois & Vnnslyke, A. 8. John
son, and J. W. Pilgrim A t o., general
merchants; Dr. W. A. Lee, ami Dr.
W. M. Peacock, each a drug store ;
John Bvan, confectionary: Derrick &
Davis, restaurant ; J. W. Barber, watch
maker. This is the showing that Ellisville
makes already, besides two steam saw mills,
and a steam gin and grist mill, and a brick
yard, gotten up in the very best style of
the business, flic railroad company, toe, is
about to build a fine large depot 415x117 feet.
Mr. DuBose, the rattling wide awake young
merchant of Kllisville, the largest and old
est fn m there, Ins not removed from the
old to new Kllisville vet, but will soon as his
store is finished. A hotel is wanted at El
lisville more than any other improvement
that I know of a new church edifice having
already been erected, and a well kept hotel
would do a good business at Ellisville.
Right in the midst of abundant supplies of
beef, inuiton, chickens, turkeys, eggs,
honey, Louisiana syrup, rice, sweet potatoes,
etc., auv man who would open a hotel at
Ellisville imd not feed well there, ought to
be cast into 'fallahala creek. It was reully
amusing to see how the large number of pas
sengers upon ourtrain skirmished around to
get something to cat and places to sleep.
Having "a claim" upon a good fellow there,
I put mv name in the pot on my arrival, so
I could not help commisserating wiih the
other fellows who inrre Irl.
THE KLLISVILLE EAOLE.
To Dr. W. L. Lee, the indefatigable edi
tor and proprietor of the Kllisville Stgle,
Who commenced publishing his paper years
ago upon a very small scale and upon avery
small job press,' and who was the subject of
riilicnle from the very bediming. Ellisville
and Jones county are due an everlasting
debt of gratitude, for he has worked assid
uously to bring both to the notice of the
world' at large, bv which they have secured
ami will continue Insecure now population
and capital, which they were so sao
U in need of and which will make them
prosperous communities. Dr. Lee has asso
ciated with him Mr. McLemore, a practical
nrteitcr, (which he wss not) has enlarged
hW paper and got a new dress and will soon
build up a good circulation.
JONES OOl'NTV.
K nnv conntv of the State of Mississippi
has been maligned and slandered wore than
Jones county in the past then I pity it. For
tine immemorial Jones county has been
represented a one of the poorest In her
lands iu the State, with s sandy soil fit only
to produce sweet potatoes, fleas and gopher j.
hut hoir con trary to truth. I have traversed
Joceg county in all directions and I venture
to assert that there is as good creek, branch
and river bottom lands in Jones as is to tie
found in any couulv iu Miasiuippi. and it
pine lands will produce finelv with proper
cultivation. I saw as large cm stalks in
Jones county last year as I have seen (row
pon the lallaha'chie river. The lands
are gene ally undulating, except the creek
bottoms. Jones county is the best poor man's
county iu the South'; cheap lands, easily
cultivated and pr.xlucing everything that
can be raised elsewhere in the State except
wheat; with plenty of the purest and clear
est water in the world, with abundance of
game and also of fish ; the finest pasturage
I he found in the St.it,. allowing the rais
ing of cattle and sheep with coniparativelv
no expense ; plenty of tine timber of all de'
scriptions, principally long leaf pine ; and
the purest health invigorating atmosphere.
I know of no reason why our restless emi
grating population going we-t to encounter
the northers and drouelbs of Texas, or south
east to tackle the sands, insect and hot
nights of Florida should no' flock to Jones
county, now that it is known to be no longer
the jumping fl place thai many of ns had
been led to believe it was without seeing it.
There is only one drawback to Jones county:
the people are very primitive, f.nd the
majority illiterate, for education has bad a
very poor showing there on account of ihe
sparcity of population and the limited pe
cuniary mean, of the people, but all this
will Improve with an increase of population
nnd emt io! with the outside world, which
the new railroad ill I, ring about, for no
greater Sid to civilization exists than the
railroad. There are thousands of people la
South-east Mississippi who never saw
railroad before, let alone ride upon one.
A WHITE MAN'S COI NTHY.
This county had but iWO colored people
in it to 8,409 whites, according to the census
of 1K8U, just about one per cent, of the pop
ulation. A good woman living in this sec
tion told me that four of her six children
had never seen a negro before the railroad
hands came there grading through her farm;
her two boys had been to Pass Christian,
with the wagon, and were that much ahead
iu information of their sisters. In Marion
and Perry counties there are more colored
people than Jones, but they reside in settle
ments of their own upon the rivers, so that
the pine lands are etnphatieally and exclu
sively a white man's country, so well suited
to Northern immigration.
AN HONEST PEOPLE.
But if the people of that section of Mis
sissippi are not up to the times and do
not keep up with the fashions yet. and are
not rich, they lament the want of schools
and education as much as any one, and
they have an established reputation for hos
pitality and honesty. A railroad contrac
tor down here told me that iu 2'. years ex
perience in railroad building, all over the
Tutted States, he had never before worked
among tuchkind and honest people. A good
joke is on record of an Incident in the Leg
islature of Mississippi bearing upon the
honesty of the people of Jones the story
is that a bill was up for passage that Hon.
Drury Bynuni, Representative of Jones,
thought would be a hardship upon his pea
pie because of their poverty, so he moved
that Jones county be exempted from the
provision of that biil Judge Coopwood
it Aberdeen, rising in his seal desired to
ask the gentleman from Jones it his consti
tuents were alto honest. Hon. Mr, Bynuni
lost no time in bearing testimony ns to the
honesty of his people; then said Judge
Coopwood, "I second the motion to ex
empt Jones county, for any people who are
both pom- and honest they are in u d d bad
fix." Prom the liaoHs ways of the world
many others than Judge I oopwood believe
OoW as h" did then. Iu proof of the con
tinued good chnrsctei of the people of Jones
OOttntJ and their Immunity from crime, at
the recent term of the circuit court for
Jones, lasting five days only, only thirty two
indictments were found by the grand jury,
and they for pcttv otl'enees only. Judge
Msyers remarked that it was the pleasant -est
court he had held Iq his whole District.
With the exception that there are mora wet
lands -reed brakes, to Marlon and ferry
than iu Jones, what I have snid of Jones
w ill apply as well to Marion and Perry.
BUBRELL ARINGTON.
One of the noted characters of .South-east
Mississippi, aud whom I desire to speak of
as representing many others dowo here, Is
Burrell Arringi on, one ot the largest land
owners and stock grow ers iu this section ;
h owns over COIXI acres of land in Jaaper,
Jones and Wavne counties and more I oo' ,
cattle and sheep, than anybody iu the above
rained three counties. He los, oou ncail ot
cattle bv the severe winter of 1881, and
marked 4i0 to 600 lambs last year.
Mr. Arrington was born in Jasper county,
in 1818, and is therefore i;."i years of age.
He is a inrge stout man, over six feet high,
straight us an Indian, and weighs fully 3KI
pounds. Mr. Arrington has no education,
can neither read nor write, but his wife has
some education and upon her he depends
to read his letters and do his writing. He
is very plain in his dress and living, but h-is
plenty of meat and corn, molasses, potatoes
of his own raising besides vegetable, milk
and butter, yet with till his wealth of valua
ble lands and live stock, he is always saying
that he fears being sent to the poor house.
He has never been awny from this section
exeent to Mobile, driving bis cattle, and once
went to New Orleans. He is well known to
cattle buyers and they come to buy of him
every summer. He will not sell covrs or
heifers. At the surrender he hud just seven
bales of cotton to start upon again, then he
moved from Jasper to Wayne county, be
tween Waynesboro ami Kllisville. where he
has lived ever since. He now speaks of mov
ing to bis mill. He has always been a good
friend to poor people down iu those coun
ties, letting almost anvbodv have of his cows
and sheep to raise on shares, and by which
a large number of poor families make a good
living out of bis bounty. He is an inveterate
smoker, takes his toddy when he feels like
it, but likes wine, too, has some fine seup
penong vines in his yard and made much
native wine last year. The old man enjoys
a good joke finely and is fond of relatiug
his qnaint observations. Heisan uuterrified
Democrat of course.
He would rather drive cattle than do any
thing else, but owning a great deal of pine
timber near Kllisville he put up a steam
taw mill near there. He has men employed
to manage it for him. He does not believe
in the railroad says il trill dr,i the Jinr
rtngr that he has had tor his cattle for so
many yean, and if he wns not so old he
would move toagood ranee country where
there was no railroad.
Mr. Arrington has a wife and three chil
dren, a man ied daughter and two boys
the youngett about twelve years old. The
whole family are fond of cattle driving, the
old lady frequently going into the woods
all day herding cattle or penning ahecp by
herself. They have the nest trained dogs
for their business that I ever saw. The two
boys are equal to any Texas cow-boys as to
feats in the saddle, as to handling long
whips and driving cattle. They are fine
shot too. Just now they are going to
school ; they are naturally smart but huve
had very liitle education as yet ; the old
man say he intends to give them a good ed
ucation that they may not be swindled out
of what he has for them. Mrs. Arriaglon is
a good wife and has helped him to amass
his property. She is very economical and
very industrious, turning her hand to aav
kind of work. Spins and weaves most all
the clothing worn by the family. I saw a
shawl of her make that would outlast a
doxeu bought in the stores. This family
would interest some festive Melropolitaii
reporter immensely.
POPI.ARVILI.B.
After traveling on horseback for several
days in Jones, Perry aud Marioo, frequent
ly where there were no roads at all. my
guide taking a bee-line through the open
woods, I final! v landed in the snug little
hamlet of Poplarville, named from Poplar
creek, close by. Poplarville is 471 feet
above the level of Lake Pontehartrain (so
the B R engineer reports,) 7' miles by dirt
road from Kllisville, M miles from Ualns
ville, 5ll miles from Pass Christian, and 411
miles from Columbia by railroad it will be
only Us miles from New Orleans.
The town is located in an old tield, and al
ready has made .uite a good start. Then
are twelve families living here, besides fif
teen single men. The merehantile houses
are Smith and Strnban & Brother, John 1
Moore, loch A Brunia. general stores;
Peter J Harvey, family grocer, aud Smith
and Move saloon ; the latter w ould com
pure well with a city bar. Resides these
there is a good Painter, a Blaek'iuith and
Wagon shop, and a steam Saw mill j one ol
the new store houses has a Town hall over
head here is also to be found a church edi
fice (used by Baptists ;and Methodists) in
which Sabbath school is held everv Sunday
morning. A High school w ith three Irst
class teachers, is to be established here iu
July next.
Poplarville being so high above the level
of the gulf and yet is so near it that there
is a delightful breeze blowing here all the
time, and it being so healthy, with the
purest of drinking water, besides mineral
springs, it is destined to become quite an
attractive place as a summer resort, when
the new railroad is finished to New Orleans.
Then it is a good place to get something to
eat and to do business first the county is
well supplied with good beef and mutton,
wnue treali hsh is brought here regnlarlv
from Pearl river, only 12 miles distant
Wild game ii abundant' in the woods, and
the creeks are full of fish vegetables and
grapes and ' fruit grow here almost tsntatv
eously. This is ;the centre of the wool iu
industry down here ; thev expect to handle
100,000 lbs of wool at Poplarville this yesr,
money being furnished by New Orleans to
buy the wool. Then a large amount of rice
in Ihe rough will be marketed here, while
sweet potatoes will abound without end,
this soil producing from oOO to oMJ bushels
an ai re, an 1 ID with the Louisiana cane
syrup; all these people have wanted before
was access to market, which the new Kail
toad will now give them. So the lands are
being bought up by people from Michigan,
Minnesota, w ho are coming there to estab
lish taw mills ; thev savour people do not
know what a wealth of "timber they have in
this State, and what a desirable climate to
live in. Trade, too, is expected here also
from Washington Parish, Loiii-iana.
One thing will strike the strangers here,
it is the universal name of Smith so ninny
are there that special names have been
given them by common consent ; there is
"Popular" Smith, ' Fhiukey" Smith. "Black
JllM" Smith, "Slim Jim" Smith, "iVnrmcv '
Smith, and ever so many more that one' is
fail I v overwhelmed at the magnitude of
undertaking to reuolleot them all.
The "Million House," an elegant roomv
hotel of 10 rooms, capacity 60 people, with
good table, is kept here by Dr. T. P. Marion,
formerly of Lease, Scott and Itanliin. The
Doctor i S w ide aw ake citizen ami is doing
his part to bring Poplarville to the front.
Bnceett to him. u. D. B.
An Excellent Selection.
Memphis Appeal.
TTvcClajhon nominates the Hon. O
I!. Singleton for Speaker of the next
House. An excellent selection.
SUPREME COURT DECISIONS
RKPORTKP WKKKLY HY C. & AMPBEI.l..
Monday. June 4, 18S3.
The following cas.' were .
4032 Jessie Smith'et al. vs. K. Kichsni-
sotl.
4187 It. K. IVmrland vs. Itawamba
county.
431i'i R. E. Teedie ct al. vs. Robert
Hibler Sr. ot al.
4.'U." John LYCoaner, vs. Ann Ward et
al.
The follow itig caws were Ycc; W otttf
rriittY(:
40,W W. If. For.1 vs. A. II. Snnerville,
adm r.
1258 E. L llii-cv vs. Man . llus-
scv.
t-JtiL1 C. St. I, ,V N. I), H. K. Co. vs.
( ieo. I . Abels.
4928 J.T. Nolcii, vs. .1. L. Williums.
488S Saml Kni- n. l K. VVgner.
Remanded to docket and continued.
SUPREME COURT REPORTS.
April Term, 1882.
KEIDRTKD WKKKLY Kt ROUT. RBOTWRLL.
A. 1,
Chicago, 8t,
Pkrkin-.
V8.
LounA N.n. r. r.
Co,
"I know of no position more impreg
nable, ami upon which it is more inin)r
tant for the Democratic party to form
its line, than that public property can
not be taken for private une under any
pretext." Thomas F. Bayard.
Charity That Began Abroad.
( Chicago Times.
The Tewksbury horror accumulate.
but it must not be forgotten that S tui
tors Hoar and Dawes have done a good
deal to ameliorate the condition ofjthe
Indians.
No Mortgage on His Crop.
Water Valley Progress.
We noticed an unusual sight in our
town this week: A wagon load of nice
country bacon for sale. Our word for
it the man that brought that load of
meat to market, has no mortgage on his
crop. .
A Storm House.
Enterprise Courier.
(Jen. J. W. O'Ferrall has constructed
a "storm bouse," a hole in the ground,
where be and his family propose to take
refuge in time of danger. Others will
follow his example.
No Better Man.
Lexington Advertiser.
Dr. P. S. Carter, of this county, has
been apHinted by the Governor as one
of the seven Commissioners to be sent by
Mis-i-sjppi to the Louisville Exposition.
No better man could have been chosen.
Kiutors tLAHioM At a meeting of
the State Teacher's Association in this
City, on the il in.st., it was resolved
that the next meeting of the Aoeia
tion lc on tin 27th of D ( cmlier of the
current year. Further information as
to programme of exercises, etc., will le
given in due season. J. A. Smith,
Chr'm Executive Committee.
Aptcal from the Circuit Court of Madi
son county, Hon. S. S. falhoou,
Judge.
On the :inl day of November, 1881,
the appellant purchased a ticket from the
appellee and on the same day took passage
on freight train on appel lee's rai I road from
Jackson to Madison Station.. The train
stopped at Madison Station, the engine
being Oppottte the Station and the con
ductors caboose in which appellant was
ruling was soiiietning over a Hundred
yards from the tdatforni of the Station
No announcement was made by the con
ductor or any of the railroad cinnlovrs
that Madison had DMA reached. After
the train had thus stood some time,
it pulled out, failing ts stop as
the caboose passed the station, and
the appellant having continued In
the conductor's caboose sent for the
conductor ami demanded that she he
taken buck to the station. The conduc
tor stopped the train and offered to curry
the appellant to Canton, but declared
that it was impossible for him to push
buck to Madison as bis train was heavily
loaded and a passenger train in bis rear.
The conductor was polite t hrOUghOUt ,:md
while conversing with the amiellniit
was on top ol the train holding u
brake to Steady the train. Appellant
decliued to go on to Canton and
got off the train when it bad stopped
at Montgomery's crossing about n
mile north of the station. She remain
ed there some time until a conveyance
could be procured and went to her iioiue.
She brings this suit against the Rail
road for 115,000 damages. The Court
below Instructed the jury that the facts
iu the case did not constitute gross neg
ligence, and if they believed from the
evidence that plaintiff took passage
upon a freight train merely, then the
defendant would be liable only for gross
negligence. The jury found a verdict
for the defendant and plaintiff appealed.
R. c. Smith and B shoiwell for the
appellant.
W, V. & J. Ii. Harris, cmim,
Camphbll, c. J.,
i,r-
Where, in an action by a passenger
against a railroad company for injuries
received as such passenger, it is shown
that the train on which plaintiff was a
passenger was a freight train, not in
tended for both passengen and freight.
tin
nil
dant before a recovery euu be. bad in
view of 1 1064, Code 1880, whieh pro
vides that, "for injury to any passcngW
upon any freight train not being in
tended for both pannf ngetn and freight,
such company shall not be liable except
for gross negligence or carelessness of
its servants.
2. A train which is strictly a freight
train with only the appliances of such
cannot be said to be intended for both
passengers and freight even though all
persons are permitted to become passen
gers by entering the conductor's caboose.
A Armed.
(To be reported. )
that it was killed by the fright or exer
tion of the mother cauaed by the attack
upon her. Thia suit is bv the woman to
recover damage front' her assailant.
The instructions to the jury in the lower
court correctly announced' the law, hut
the jury found a vrrdict for the defen
dant. From which plaintiff appealed.
It is insisted by appellee i hat the ver
dict ought to stand, aa la no event can
plaintiff recover more than nominal
damage.
FitzOerald A Whitfield for appellant.
R. II. Colladay, ctmtrti.
Cooper, J.
In the evidence the appellant oueht
to recover for more than nominal dam
ages, but what that amount may Ik- U
uncertain because of the character of
the injuries indicted, but we must pre
sume that it will be proportionate to the
damage, in which case it will he by no
means a nominal recovery. It is appar
ent thai injustice has bean done and
appellant is awarded a new trial. Re
versed. To be reported.
J0fl N L riKOOLT,
J,
Joor.
Appeal from the Circuit Court of Shar
key county, Hun. R. F. Trimble,
Judge,
Appellant sued the Sheriff (appellee)
in the court below for damages tor hav
ing sold his two exempt mules under
execution. He notified the Sheriff gen
erally of his claim for exemption, nut
did not select bis exemption, there Wing
several mule. The court Mow gave
judgment for defendant and plantiff ap
pealed. It no where npjiears in the
record in this court that plantiff was aa
exemptionist or even a resident of the
State except from his own deposition,
and this is embodied In the reeord proper
and not in the bill of exceptions.
Leigh Clark for the appellant.
Miller & Blush and Nugent A McWil
He, rontra.
Chalmkm, J.,
MM
1. Whether, the defendant in execu
tion is the owner of more personal nron-
erty than is bv law exempt to him. and
the officer not knowing which portion
the debtor proposes to select levies upon
the whole, must the debtor point out the.
particular portion he desires to preserve,
or is it Sufficient that he notifies the
officer generally thai be claims an ex
emption, and can he thereafter hold bint
personally liable if lie selll the whole,
tjutirr ,'
. Dapsaltiona in suit al law cannot
be noticed bj this court utiles contained
in the bill of exceptions, even though
they are found in the record proper and
referred to in the bill of exceptions.
A (firmed.
(To be reported.)
News and Notes.
e plaintiff must show gross negligence
i the part of the servants Of unfon
LlNliKK Barbek, i
M. C. BOM. )
Appeal from the Circuit Court of Ynl
aousha county. Hon. W. 8. Featber
ston, Judge.
In April, 1XK1, the appellant, a mar
ried woman, far advanced in pregnancy,
while sitting in her own home near an
pen window fronting the public street,
was assaulted hy the appellee who was
in a state of intoxication, and who with
a drawn pistol advanced acrostbe street
cursing and threatening to shoot the
appellant and into appellants bouse.
The husband of appellant was absent at
this time, and being unprotected she fled
from home to escape the threatened dan
ger. In the hurry of Iter flight she
climbed a fence inclosing her home ami
in getting down on the opposite -ile.
jumped or fell a distance of some three
feet. Three days after this she was de
livered nt irreat danger of her life, and
after long and excruciating suffering of
a deafl child, winch, irom tne testimony
of the attending idix'siciim bad In . n
dead two or three davs. The fottns was
alive after the assault by the appellee
and the evidence leaves scarcely a doubt
At Montgomery, Ala., J. T. Rapier,
Colored, member of the Forty-third Con
gress, and for the last three years inter
nal revenue collector of this district,
died oM Mist of May, of heart disease and
consumption.
Gen, O. II. Buell. United States army,
died at Nashville May ::Kt, from the ef
fects of ,'in opcrat ion performed on hi
jaw-bone some three weeks since, coni-
tuneil witn Heart iliseiise.
The Senate of Massachusetts lint
inlawed a bill iiholishinir the imvmeiit of
a poll tax ns a prerequisite for voting.
t Macon. Or. ,lune I. John ltailiv
and Henry Wimbish, negroes, were bung
in the pretence of a tremendous crowd.
jxiiii coiitesscii tneir crimes.
It is said the 1'resident has deter
mined to reduce the number of internal-revenue
districts throughout the
country from 1 2o, the present number, to
, abolishing a large number of stiper-
niious omees.
At Boston, May 81, Bartholomew W.
Nelson. 2)1 veiirs old. murdered his wife.
and then attempted suicide.
At Atlanta, fja., May .11, Joe Nail,
Assistant 1'ostmaster. failinir to mnlro
good his deficit of 18,000 was arrested.
The Clarion Twenty-Six Tears ago.
A friend has just handed Us a copy iff
Tin-: Clarion dated at Paulding, August
8, 1H.'7. There are but few papers of thin
day that nre us large and ns well filled
as the old Eastern Clarion nine
broad columns something under six feet
in length, and well filled, too. It con
tains the Democratic State ticket, bead
ed by Win, HcWillle, of Madison, for
Governor, and A. (i. Brown for u, s.
Senator; LQ.C. I; for Congress
from first District, and . It. Singleton
from fourth District, and W. M. Hun
cock forjudge of the Hth Judicial Dis
trict. It contains announcements for
county officers for several different
counties over the State, and among
them that of Joseph !'! for Repre
sentative from Jones. Kllisville Kagle.
Seconds the Nomination.
Canton Ticket.
Thk Clarion noininntes Hon. 0, R.
Singleton for next Spcakerof the House.
With all our heart we second the nom
ination. Seconds the Motion.
Meridian Observer.
The Clabion puts in nomination O.
R. Singleton, of Mississippi, for Speaker.
We second the motion !