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UTEWS & PLANTERS’ GAZETTE.
I*. . COTXIIHJ, Editor.
No. 21.—NEW SERIES.]
fiEWS & PLANTERS BAZETTE.
terms:
Published weekly at Three Dollars per annum,
if paid at the time of subscribing; or Three
Dollars and Fifty Cents, if not paid till the expi
ration of six months.
No paper to ho discontinued, unless at the
option of the Editor, without the settlement of all
arrearages.
IP* Letters, on business, must be post paid, to
insure attention. An communication shall be
published, unless ire arc made acquainted with the
mime of the author.
TO ADVERTISERS.
Advertisements, not exceeding one square, first
insertion, Seventy-five Cents; and for each sub
sequent insertion, Fifty Cents. A reduction will
be made of twenty-five per cent, to those who
advertise by the year. Advertisements not
limited when handed in, will be inserted till for
bid, and charged accordingly.
Sales of Land and Negroes by Executors, Ad
ministrators, and Guardians, are required by law,
t j. be advertised, in a public Gazette, sixty days
previous to the day of sale.
The sales of Personal Property must be adver- j
tried in like manner, forty days.
Notice to Debtors and Creditors of an Estate
must be pubti-hed forty days.
Notice iiiat application will be made to the
Court of Ordinary, for leave to sell Land or Ne
groes, must be published weekly for four months ;
notice that application will be made for Letters of
Administration, must be published thirty days;
and letters of Dismission, six months.
For Hire.
2 NEGRO WOMEN—plain Cooks. Can
wash, iron, &c. Apply to
January 14. l -!t SAMUEL BARNETT.
Ltook Here !
ALL our debtors must pay up. livery |
person indebted to us either by NOTE or j
ACCOUNT, are earnestly requested to call .
and settle immediately- Those who tuave
sullered their Notes and Accounts to stand j
over ever since we commenced business j
without making any payment on them, can
not expect longer indulgence; and will
find them in the hands of an Attorney, un
less paid very shortly.
BURTON & PELOT.
i January, 7th, 19 if
NEW STORE.
THE Subscribers have just received
and are now daily receiving and o- j
polling, at the New Brick Store on the South
side of the Public Square,
An entire new and extensive assortment of i
4L Cfc *
Such as are kept for Retail in this section |
of country, which theyotlcr to their friends
and the public in general, on reasonable i
terms. Persons wishing to purchase, can |
obtain good bargains by giving the Subscri- j
hers a call.
COZART & WOODS.
Dec. 31, 1840. ts _lB
Caution !
41,1, persons are cautioned against trading for
a certain NOTE of hand, made payable to
JOHN W. HEARD, or bearer, for between 70
‘ and 80 dollars, and dated sometime last fall, date
and amount not recollected, it is however the on
ly note ever given by me to said Heard. The
consideration of said note having failed, I shall
not pay the same, unless compelled bv law.
GEORGE W. JARRETT.
Jan. 7, 1841. ts 19
C&CTIOJYI
ALT, persons are forwarned from trading for
a certain NOTE of hand, given by me
payable to WILLIAM S. THOMAS, tor about |
Two Hundred and Fifty-Six Dollars, and dated
, on the 5; h instant, and payable on the 35th of |
the present month; as said note was wholly
without consideration, and was given by me un
der a misunderstanding. Therefore 1 shall not
pav it unless the law compels me.
WILLIAM F. SOIIAN.
January 7, 1841. 19 ts
Caution •
4 LL persons are hereby cautioned against tra
■*- chug for one note of hand given to James
Mull or bearer, for Five Hundred and Ninety
six Dollars and Fifty-six rents. One given to
John <l. Crane, or bearer, for Five Hundred and
Fort) Dollars. One othnr note given to said
John (i. Crane, or bearer, for about Five Hun
dred Dollars. Another payable to Frederick
Lawrence, for about One Hundred & Fifty Dol
lars ; all of which notes were given sometime
about the middle of October last, and I under
stand, are made payable on the lirst day of Jan
uary, 1841. I have good testimony to prove
that said notes should have been made payable
on the lirst day of January, 1842—according
to the contract in fulfilment of which said notes
were given. JAMBS M. SMYTHE.
Frances A. Lipiiam, Security.
December 17, 1840. 10 ts
ADMINISTRATOR'S SALE.
Will be sold on the first TUESDAY in
February next, at the Court House in
Wilkes county, agreeable to an order of
the Honorable the Inferior Court of said
county, while sitting for ordinary purpo
ses, a
p JYegro Jftan Sam ,
belonging to the estate of James Boatwright,
deceased, late of Wilkes county. Sold for
the benefit of the heirs and creditors of said
** deceased. Terms of sale made known on
the day. Z. SMITH, Adm’r.
December 3. 1840. 1-I—m2m
SHOE STORE.
JUST Received, a lot of beautiful
JH & aiAm
(LATEST STYLE.)
Factory Cloth
will be sold either bv the vardor bv the piece.
’ A. L. LEWIS.
January 7, 1841. 19 ts
•f Fist of Fetters
REMAINING in the Post Office at Wash-|
ington, on the Ist day of January, 1811.
William W. Arnett, Mrs. Nancy Anthony.
J. W. Anthouv,
It
Henry Bruce, Madison Bell,
C. L. Battle, Johnson \V. Bridwel),
M. E. Bowdre, Miss Kezia Burton,
Dr. John Boytl, John Bell,
Miss E. A. Booker, James Burnett,
U.
James A. f’hivers, 2, Rev. J. A. Garter.
Mrs. Sarah Carter, Peter C. Carrington,
Miss Caroline Crane, Chapman &. Thurnitt. j
Miss Rebecca Crawford,
D
Mrs Phebe W.Douglass, Talbot Davis.
Richmond Dorougli,
Ilenrv F. Ellington, James It. Elliott, 3.
F
Simpson Fouche, 0, Rev. Ignatius Few.
(l
Josej)! i Gattrell.
If.
Upton S. Heath, 5, John P. Hammock,
James T. Hackney, Miss Eliza J. Heard,
John Ifuskev,
I
Rev. Wye ho Jackson, John Jackson,
William Jones, Samuel Jones,
K
John Killgoro,
I.
Micajah A. Lane, Dr. Thos. 11. Lawrence,
Lawrence <fc Peteet, 7 Col. It. 11. I King,
Frederick Lawrence, Benjamin Ltiker,
Nathan Lvnn,
M
AugustusC. MeMeckin, Mrs. Lucitula Mahray, ;
J. Birhel A. Masse, James Moore,
N
Edward Nonlv,
P.
Seaborn J. Pollard, 2 Dennis Paschal],
Thomas Pullen, Dr. William 11. Pope,
R
Thomas Riddle, Dr. Albert ltees,
Mrs. Maria Ross, William Rail,
S
Miss Elizabeth Stone, Dr. A. 11. Shepherd, j
Reuben Smith, Dr. J. Simmons,
John K. Sandwitcli, Mrs. Ann Smith,
T
Benjamin Thurmond Lewis Turner,
Nathan Truitt,
V
Edgar Vincent.
W
George R. light, John ‘A iikinson,
Thomas Wont ten, Ceazar Walton,
Dr. D. Wilkes, Julia Winkiield,
Willy Wingfield, 9o
O’ Persons asking for Levers from the above
last, will please sav adver.'ism'.
JOSEPH W. ROBINSON. I’. M.
Jan. 7 IST
TO PRINTS & imiSHBS. j
THE subscribers have made arrange- ;
incuts with the manufacturers for keeping
on hand in this city, a general assortment i
of TYPE. PRESSES. CASES, FURNI- j
TURE. and PRINTING MATERIALS)
generally, which can he furnished to order
at twelve hours notice. \\ e have a suffi
cient stock now in store, to enable us to put
up a complete News or Job Printing Office,
without being obliged to order any portion
from New York. As this Warehouse has
been established at the earnest recommen
dation of many friends in the interior towns
we beg leave to claim from them sufficient
patronage to enable its to increase and keep
up the establishment on a scale sufficient i
to make it an object to all parties.
All the above materials are sold on the
| same terms as in N. \ork, with the usual
i charges for insurance, freight & exchange.
BURGES & WALKER,
85 East Bay, Charleston, S. C.
Dec. 17. 10
[postponed]
ADMINISTRATOR’S SALE.
Will be sold on the FIRS f TUESDAY in
FEBRUARY next, at the court house door in
Wilkes county, agreeable to an order of the
Hon. the Inferior Court of said county, while
sitting for ordinary purposes,
TWO JYEOHOES:
A WOMAN, by the name of MARY, about j
twenty-two years of age ; aud a boy, named
COLF.MAN, aged about seven years. Sold as
the property of Elizabeth Bennett', deceased, late
of said county. Sold tor the benefit of the heirs
and creditors of said deceased. Terms Cash.
CHENOTH PETEKT, Adm’r.
January 7, 1841. l‘J tds
ADMINISTRATOR’S SALE
Will be sold at the Court House in Cassville,
Cass county, on the first Tuesday in Februa
ry next, agreeable to an order of the Honora
ble Inferior Court of Wilkes county, while
sitting for ordinary purposes.
LOT OF LAND number 534, 19, 3, Cher’-
okee originally, now Cass county
’ ALSO,
On the same day, at Cuthbert, in Randolph co.
Ix>t numher 216, in the fourth district, originally
Lee, now Randolph county.
ALSO,
At the Court House door in Wilkes county on
the same day (215) two hundred and fifteen a
cres of land, more or less, on the waters ot Clark’s
creek adjoining Lewis Moore, and others. All
i belonging totheestateot John Moore, deceased.
Terms made known on the dav of sale.
1 SARAH MOORE, Adm’x.
J. P. HAMMOCK, Adm’r.
Decembers, 1810. Ot —LI.
WASHINGTON, (WILKES COUNTY, G A.,) JANUARY 21, 1841.
’ GEORGIA :
f Proclamation.
By His Excellency Chaki.es J. McDonald,
Governor and Commaiider-in-Chief of the Ar
my and Navy of this State, and of the Militia
thereof.
WHEREAS, by the
first section of an act
of the General Assem
|Vy WJo Jf by of this State, assen
ted to on the eigh-
I * >cr ’ e '"^* eCll j ui,ii * re, i
j !l< ’ t t 0 c-ompc*! the sev
r- u'iiii,i„.it;T-ireTTi’ r-rYiv, (() re d eenl their
| liabilities in SPECIE, and to provide for the for
j feiturc of the c harter or charters of such as may
| refuse:” it is made the duty of His Excellency
! the Governoronthe First day of January, eigh
j teen hundred and forty-one, to issue his Proclu-
I inatii . requiring that the several Banks tins
; State, their Branches or Agencies, which have
I heretofore, failed to redeem their liabilities in
GOLD and SILVER, and all other Banks in
i this State, shall on or before the first day ot
FEBRUARY, EIGHTEEN HUNDRED and
i FORTY-ONE, pay to any person or persons,
(Bank and Brokers excepted,) in SPECIE, ev
ery bill, note, draft, check, receipt or money on
deposite, (except in cases where such deposites
; are by terms of existing contracts, payable oth
-1 erwise than in specie,) issued or received, or
. which may hereafter lie issued or received by
them respectively, upon demand or presentation;
1 do therefore, in conformity thereto, issue ,
this mv Proclamation, hereby requiring the sev
eral Banks of this Slate, their Branches, or
Agencies, which have heretofore failed to re
deem their liabilities in Gold and Silver, aiul oth
er Banks in this State, in or before the first day
of FEBRUARY, eighteen hundred and forty
one, and thereafter, to pay to any person or per
sons, (Banks and Brokers excepted,) in SPE
CIE, every hill, note, draft, check, receipt, or
money on ueposite, issued or received, or which
may hereafter he issued or received by them re
sjiectivelv, upon demand or presentation, except
in cases where such deposites are by terms of
existing contracts payable otherwise than in spe
cie. And ldo hereby charge and require each
and every of them, to be careful and punctual in
the strict observance and faithful performance of j
all the duties enjoined on them by the aforesaid
recited act of the General Assembly.
Given under my hand and the Great Seal ot
the State, at the Capitol in Milledgeville,
this the first day of January, in the year o;
our Lord, one thousand eight hundred and j
forty-one, arid of the American Independ- :
cnee the sixty-fifth.
Charles j. McDonald, j
By the Governor :
Wm. A. Tlnxii.i.i', Sec’ry of State.
January 14. 20 3t
PROPOSALS
TOR PTIBI.ISHINO JIY SL'BSCr.IPTION’
A FULL REPORT OF THE
GEOLOGICAL & AGRICULTURAL
SURVEY OF THF
§rATii .oy |
fl't HE Legislature, at their last session, deem-
JL ed it expedient to discontinue the salary of )
the State Geologist, in consequence of the cm- ;
j harrassed finances of the State. By this unex- j
! pec ted movement, the subscriber is deprived ol j
the means of completing the survey of the State.
: on the oitn.inal plan: if done at all, it must bo
at individual risk and expense
! it is needless, perhaps, to represent to the en- j
lightened citizens of Georgia, that by following I
out the plan so happily commenced in 1837, and
pursued with unremitting energy to the present,
the State has been contributing her mile, hum- j
Me as if may be on tbe part of her agent, to the
cause ot general science in our country, ami the
advancement of intellectual improvement among I
her citizens, in accordance with other States of j
the Union. There is but one alternative. In the ‘
present situation of the survey, the work must j
either be abandoned and the important informa
tion obtained by four years investigation of the
Geology of the State, lost to her citizens, orthe
subscriber must depend for support, on individ
ual patronage. He is determined to make an ef
fort ior the benefit and honor of his adopted State,
to proceed with the survey. From former ex
perience of the unbounded liberality and gene
: rous hospitality of his fellow citizens, in differ
! ent parts of the State, ho is confident that, in
■’ making an appeal to their sympathy and patron
age, it will not be made in vain.
That a complete survey may be made of the re
maining counties of the State, and the whole ;
consolidated and published for the information
and benefit ofthc public patronage is
most respectfully solicited. A work of this kind,
is much needed in Georgia, a State comprising
! an area of sixty thousand square miles, being
destitute of a single correct Mag, Geography, or j
history of die same. A majority ot the citizens
must, from necessity, be unacquainted with the
rich mineral resources and agricultural capaci-
ties of the different sections. Favored as the
subscriber has been, by tour years labor, as
State Geologist, in different parts of the State,
in collecting materials for a complete report of
| an Agricultural and Geological survey and Na
! tural History, he trusts that he shall be able to
meet the approbation ot his fellow citizens.
The subscriber pledges his honor, that the
proceeds arising from subscription for the work
shall be appropriated to the completion ot the
survey of the remainiug counties of the State,
and that they shall be finished as they will be
needed for publication.
JOHN RUGGLES COTTING,
Shite Geologist.
Milledgeville, Janury Is 1 , 1841
N. 15. It is impossible, at this time, to desiv
nate the number of volumes in a set.
CONDITIONS.
1. The work shall he printed on royal octavo !
form, on fine paper and with new type, and will .
contain complete reports ot a Geological and Ag
ricultural Survey of every County in the State,
with a Map of the same, Drawings of remarka
ble places, sections, &c., together with an ac
count of the Natural History, Botany and Agri
cultural statistics.
a The first volume will contain a system ot
Agriculture adapted to the soils and climate ot
the South, with a table of analysis of soils from
different counties, and remarks on their improve
ment; with other useful agricultural tables.—
Also, a complete Glossary ol Geological and
I Agricultural terms.
’ 3. Each volume shall contain 600 pages, in
PUBLISHED EVERY THURSDAY MORNING
j cloth binding, at 83 .90 per volume, to subscri
bers ; to non-subscribers, 81 (HI, payable on
; deliverv.
4. The printing shall he so arranged, that a
! volume may be e.\]iected during the session ot j
I the legislature, in each year, until tho whole |
, set. is completed.
f>. Should there be sufficient patronage, a large
! Geological and Agricultural hi rip of the State, j
! will bo constructed,’ fi by 4 feet, on which in ad- ;
ditiUn to Geographical delineations usually on
Maps, all the Geological anil Agricultural foa
| turns of the State shall he accurately sketched
j and colored. Prico on Rollers, 810 00.
The papers of this State giving the above a
fejv insertions will bo entitled to a copy of the )
work, gratis.
THE NEW WORLD,
the i.aucest, cheapest, handsomest, and I
MOST roMI'KEIIKNKIVE NF.WSI'.U'EK IX TIIE
ITNITF.iI STATES.
ON’ Saturday, the second day of January, will
t o issued tlie first number of tho Second ,
Volume of the Qiaiito New Would. This ;
form, being convenient for binding and preser
vation, has been and is much preferred by great
numbers of our readers in city and country.— |
Eaeli number of the Quarto Edition contains the 1
same articles as the Folio, with the exceptions
only of the adveri iscments and a few unimport
ant news-items of no permanent interest. The
second Volume of the Quarto is commenced
with the new year for the accommodation and
convenience of new subscribers, who, at that
period, generally determine on the character .
and kind of periodicals best recommended to
their attention and best worthy ot their patron
ago.
The New Would was begun, in the large,
or folio size, in October, 1839. It immediately )
acquired a circulation unprecedentedly great— ;
It was ordered to he sent to all parts of the
country: it was sold in great numbers in the j
principal cities of the Union. The plan upon ■
which it was conducted, was novel and Striking i
Its distinguishing feature w as, that it republish- I
ed, with unparalleled despatch, the most attract
ive portions of new English literature. On its
broad and ample pages were displayed, in rapid ;
and brilliant, succession, 1 lie latest productions
of the most popular authors ot the day Their
names formed a galaxy, which shed a fascina- ;
ting lustre around the new and copious journal. I
One star differed from another star in glory, hut
they were all stars. Not many ol the minor
lights were admitted into their spieudidcompany.
Du kf.xs, Bui.weu, T.'.i.ioriin, Uinoiia, Ains
worth, Dewev, iSedowick, Lonit.i.i.ou , have
few compeers in their time and lew are worthy
of being ranked with them.
It was not to he wondered at that the New
Would became a great favorite with the intel
ligent and reading public. There was only one ,
objection made to it—and that was to its size.— ;
The Folio form was the most popular but not .
most convenient for those, who considered the 1
works which it contained too valuable to be !
thrown aside. For such readers, the Quarto
was commenced m Juno last, and for such it will ;
he continued.
For the new volume, commencing in January,
we ask the subscriptions of all lovers of pure
and elegant literature throughout, the country. 1
IVe ask them too to favor us with their names im
mediately, that we may not fall short of the now- j
l/er that trill be required in this form. The rea
sonableness of this request will ho understood 1
when we state that orders are every day receiv
ed tor back numbers which cannot bo supplied.
Ten times the subscription price would now be
cheerfully paid by those, who delayed to send i
early orders. The scarcity of old numbers is an
admirable proof of their value , in them are con
tained works sold for sixpence and one shilling, j
which cost in the original editions one dollar and
sometimes live dollars.
The New Would will be conducted as it has i
been, with those improvements and additions,
which tune and experience have not failed to
suggest. It will be complete in nil tho depart
ments of a first rate literary journal, from the
extensive acquaintance enjoyed by the Editors i
with all the best writers and cl it ics of the court- !
try, this will be no very difficult task. It will ;
continue to he edited by l’ark Benjamin and j
Epes Sargent.
This form of the New Would will he render- |
ed more elegant in its external appearance. It
will be embellished with engravings and music,
chosen by a distinguished professor.
TERMS.—Three Dollars a year, (same as ;
tue Folio) or Five Dollars for two copies, pay
able in advance, postage free. Where postage !
is not paid, it will be deducted from the remit- ,
tancc.
27 ■ AH postmasters in good standing are an- j
thorized to act as agents, and may receive sub
scriptions at $3 a year, and retain 25 per cent
thereof for commission, and remit the balance
(•$2 Si) in funds current in New York, il not
current here fifty cents on each §3 subscription
be retained. Address,
J. WINCHESTER, Publisher.
ID’ Local agents of integrity and punctuality
wanted in every principal town in the United
States, where such are not already established.
Editors who will give the above an insertion,
or otherwise notice tiie same, will be entitled to
and receive the New World in exchange.
ADMINISTRATOR’S SALE.
WILL be sold on the first TUESDAY in
April next, at the Court House door in
Wilkes county, pursuant to an order ot the Ho
norable the Inferior Court of said county, while
sitting for ordinary purposes.
One JYegro tmirl
named CHARITY, belonging to the estate of
William Gresham, deceased, late of W likes
county. Sold for the benefit of the heirs and
creditors of said deceased. Terms made known
on the day of sale.
IIENRY F. ELLINGTON, Adm’r.
with the Will annexed,
j January 7, 1841. 19 tds
GEORGIA, J 11KREAS Hugh Ward,
Wilkes Countu. > ’ * Administrtaor oil theES-
1 ) TATE of WILLIAM T.
QUINLAN, deceased, applies for Letters of
dismission from said Estate.
These are, therefore, to cite, summon,
and admonish, all and singular, the kindred
and creditors of said deceased, to be and ap
pear at my office within the time prescribed by
law, to show cause, (if any they have,) why said
letters should not be granted,
j Given under my hand at office, this 7th day of
I September, 1840. JOHN H. ID SON,
Clerk Court of Ordinary.
OLD FRIENDS TOGETHER.
Hit CHARLES SWAIN, ESQ.
Oli, time is sweet, when roses meet,
With spring's sweet breath around them,
And sweat the cost, when hearts arc lost,
If those we love have found them ;
And sweet the mind, that stiil can find
A star m darkest weather;
But nought can bo so sweat to see.
As old friends met together 1
Those old days, when youth was bold,
And Time stole wings to speed it,
And youth ne'er knew how fast Tune Hew
Or knowing, did not heed it !
Though gray each brow that meets us now,
For age brings wintry weather,
Yet nought can ho so sweet to see,
As those old friends together I
The few long known, whom years have shown, j
\\ itli hearts that Inondsliip blesses ;
A hand to cheer, perchance, a tear,
To soothe a friend's distresses ;
Who helped and tried, still side by side,
A friend to face hard weather ;
Oh, thus may we vet joy to see
And meet old friends together!
n
miscemLvneous. !
From the Knickerbocker.
TIIE TALESMAN, “ DOWN EAST.")
“Once in tho flight <.; ages past.
There lived a man : and who was he!”
Montgomery, i
” lie was a man
Os unbounded stomach, and obstinate
\\ ithall.” Shakspearc.
Not many years ago, in an eastern conn- :
ty ot’ one of the New England States, a
cause was tried in one of the Superior
Courts, which was of peculiar interest to a !
large community. It was not the novelty
or the intricacy of the cause, so much, that ;
enlisted the feelings of the people, as the j
parties to it. The plaintiffi was a wealthy i
man, rough in his manners, and unpopular ;
beyond the pale of his immediate acquaint
ance. The defendant was a widow of much 1
personal beauty', accomplished, and the !
mother of a family of interesting children.
In order that the reader may’ properly
l und-'i'stainl ihe nature of the cause, ii will
! be necessary, after the fashion of the law
i vers, to open it to his comprehension : A
I brother-in-law of the defendant, whose !
I name was Marshall, and for whom she was ‘
| the house keeper, on one occasion borrowed I
of thb plaintiff. Mr. Morse, two thousand!
1 dollars. These men were neighbors, both i
! engaged in trade : and it was customary !
\ for them, when they’ could spare it for a )
short time, each to lend the other money',
considering it as much under his control,
when he should want it. as if it were in his I
possession. They had unbounded confi
dence in each other, and although Mar- 1
shall was not a man of property, his close
business habits and strict integrity, were to |
Morse, sufficient sureties for the perform- j
ante ofiiis engagements. A few days af
ter the loan above-mentioned, Morse inform- I
ed Marshall that lie had been unexpectedly !
called upon to meet a draft the next day.
which he had supposed would have been
otherwise paid, and that he should want the
money he had loaned him, for the purpose.
Marshall fortunately had received the mon
ey on that day, and had placed it in his
trunk, which was then at his house, label
led and ready to he returned. Being satis
fied that lie could have it in season to meet
his paper, Morse concluded to call for it the j
next (lay, and trouble himself no more a
j bout it. But alas ! who can tell what a
j day may bring forth 1 Upon calling for
his money the next morning, what was the
astonishment of Morse, on being informed )
that his friend was dead ! and farther, that
such being the case, Mrs. Marshall did not
feel at liberty to deliver the money ! As !
soon as he had sufficiently’ recovered from
bis surprise, be requested to sec Mrs. Mar
shall, but was denied all access to her.—
In vain did he urge his necessity ; in vain j
did he offer to satisfy her, by’ evidence, tlmt
Mr. Marshall had said to him that ho could
have the money at any r time, as it was ready )
for him in his trunk : he could neither ob
tain his money, nor see Mrs. Marshall. —
Suspicions flashed across his mind, but of
such a nature that lie endeavored to banish
them at once.
Mr. Morse left the house in no very plea
sant mood. He grieved for the loss of his
friend, was disappointed on account of the
detention of his money, and euraged at the
conduct of Mrs. Marshall. It was too late
to borrow money, to meet his paper, and it
was protested for non-payment. The ru
mor of his failure was spread somewhat by
busy-bodies, but he succeeded in explain
ing it so that it was of no lasting inconve
nience to him ; but the vexation it occa
sioned him, to say nothing of the actual loss
of the money, rendered him a very disa
greeable companion for several weeks.
Some time after the death of his friend,
Mr. Morse became satisfied that Mrs. Mar
shall had appropriated his money to her
own use, and determined to secure it, ii pos
sible, by resorting to the law ; he therefore
commenced the suit above alluded to, and
caused certain property, which it was sup
posed was all Mrs. Marshall possessed, to
71. J. KLPPEL, Printer.
]bo attached. This course drew down up
on him the indignation of her friends and of
| the community generally. A few and but
| a few who knew the character of Morse,
and the merits of his case, upheld him.
When the cause came on for trial, Ihe
court-house was thronged, so great was the
! interest respecting it. The defendant and
’ twoof her three daughters were present, and
| were placed by her counsel, with a tact fa
miliar to lawyers, in a conspicuous situu
i tion, so that nothing might he lost of the sym
i pathy of cither the jury or the spectators.
| After all the- preparations were made, the
I clerk proceeded to call the names of the
j jurors ; hut eleven only were found in their
j places. “Will you go to tho eleven ?” in
j quired the judge. The plaintiff’s counsel
j assented, but the defendant’s replied :
“ No, your honor ; this suit is so outra
! goous, so destitute of any foundation that we
1 want a full jury.”
“The sheritFwill then select a talesman,”
i said the judge. The defendant’s counse l
I cast his eyes around _ the room and at
I length fixed them upon a corpulent person
age,in whose countenance the quality’ ofoh
■ stinaey seemed to predominate, and direct
i ed the attention of the sheriff towards him.
lie was accordingly called and sworn,
I when lie took his seat with the other juror.':,
j The case was then opened to the jury by
! the counsel for the plaintiff who, v ilh all
| the fairness which an attorney, satisfied of
i the justice of his cause, could, stated what
lie intended to prove. He then introduced
iris testimony, which, after the exertions of
the opposing counsel to suppress it, or tor
ture it into unmeaning nonsense, amounted
to this ; that the plaintiff had lent Mr. Mar
j shall two thousand dollars ; that he had
l called upon him at his counting room for it
the evening before he died : that Marshal!
I said that the money was in his trunk at his
i house, done up in a package by itself, and
j labelled “J. Morse: two thousand dol
j lars ;” and that he offered to go and get it
hut did not as Morse told him he would cal!
for it in the morning ; that he said he should
want itthen to pay a draft that fell due the
next day, which he had unexpectedly been
called upon to pav ; that Marshall died
suddenly that night ; that Morse called in
the morning for the money, when he was
informed for the first time that Marshall
was dead, and that the defendant sent word
to him that she could not deliver the money
and gave her brother’s death as the reason.
Tha* on Morse’s again calling with a wit
ness to prove to Mrs. Marshall that he had
: money in Mr. Marshall's trunk, according
: to his statement to him, she looked into the
’ trunk, and found a package of money mar
i ked “J. Morse: two thousand dollars;”
hut expressed doubts as to the propriety of
! her giving it up, and that she expressly de
■ dined to see Morse ; and finally, that Mrs.
! Marshall had lived in a style of extrava
j gance which the means s];e was known 1”
i possess could not justify, since the decease
!of her brother-in-law. The defendant's
| counsel, after finding that this was all tho
! evidence tha: the plaintiff had to introduce,
I offered a little unimportant testimony, and
I then proceeded to harangue the jury in a
very passionate manner. He battered
down the plaintiff’s evidence in the outset,
with the hold assertion that it amounted to
nothing, inasmuch as it did not show that
the defendant ever made use of the money,
or ever even had it in her possession : this
j he accompanied with a violent knock-down
! gesture, which of itself seemed sufficient to
annihilate any thing of so intangible a na
ture as testimony. He then attempted an
appeal to the feelings of the jury; and hit
allusion to the manner in which his fair cli
ent was dragged before them, to he stripped
of the little property she possessed, to grati
fy the feelings of one of that class of miser
ly vampyres, who have no regard to the
distresses of the widow and the fatherless,
if he could draw from them their last cent
j to add to his already useless wealth, was
! not without its effect. An occasional tear
j from a soft-hearted juryman was evidence
j of this, as ho supposed ; and he sat down,
full of confidence that the cause was his.
The argument ofiiis opponent, however,
was so sensible, that it was really a matter
of doubt with some disinterested persons,
whether, if the defendant and her daughters
had no.t been present, the jury would not
have been very much inclined to favor the
; plaintiff.
After the charge of the judge, the jury
retired. It was evident that a large inajor
) ltv of the spectators, from their lingering
in the court-room, and watching every mo
tion of the officer who had charge oi the ju
ry, expected an immediate verdict in favor
ofthc defendant. As the time passed away
there was much uneasiness expressed by
them ; and at length they dropped off, one
after another, until the room was vacated
by all except those persons connected with
the court. And the alteration in the air of
the defendant’s counsel showed that he was
not without some misgivings, when the court
adjourned with the jury still out.
The next morning, upon the opening of the
court, the jury were found in their seats;
and what was the surprise of the defendant,
when they heard the foreman say, in reply
to the question of the clerk if they had a
greed upon a verdict, “ We have not.” As
the court were satisfied, on inquiry, that
there was no possibility that the jury would
agree, thev discharged them trom the far
ther consideration of the case, and contin
ued it to the next term of the court.
“What was the cause of your'not being
able to agree ?” inquired the defendant s
attorney, privately, ot a punning jury man.
“The talesmdv-'’ ho replied.
[VOLUME XXVI.
