Madison County AlArchives News.....Items from The Huntsville Weekly Democrat February 21, 1883 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/al/alfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Kenneth Stacy klstacyfamily@aol.com January 30, 2007, 9:24 pm Microfilm At Huntsville Library February 21, 1883 PERSONAL MENTION Gen. Sam Moore returned from Montgomery last Sunday and Gen. Ad. White from Mississippi yesterday. Sam. L. Halsey, agent for the new hat house of Kincaid, Williams & Co., Nashville, was here on Monday. Dr. Walter F. McMullen, wife and child, of Arkansas, are visiting his parents here. He contemplated settling in New Mexico. Miss Daisy Madison, of Athens, Tenn., who has been visiting Rev. Dr. Banister and family, left for home yesterday, with regrets of many friends, especially the “old men,” who were attracted by her broad a’s and winning manners. Miss Mattie Barnard made her debut in Knoxville, on Monday and Tuesday nights, as Mabel, the prima donna in the “Pirates of Penzance.” Mr. Jeff D. Thompson, Express Agent at Chattanooga, was here, yesterday, on a flying visit. Magrane Coxe, Esq., went back to New York yesterday. Hon. Wm. B. Wood, of Florence, was in our city last Friday. Mr. Dan A. Moseley, of Hazel Green, and Mr. Sol Schiffman, of Huntsville, are reported improving. DIED: STEGALL.—Died, in Huntsville, Ala., Feb. 19, 1883, Mrs. MARY E. STEGALL, wife of J. R. Stegall, of this city. Mrs. Stegall was exemplary in her domestic and social relations, and as a member of the Cumberland Presbyterian Church. Her funeral services were conducted by Rev. B. W. McDonald, assisted by Rev. J. A. B. Lovett, and her remains were followed to their final resting place, in our City Cemetery, by many mourning relatives and friend. In Memory ------------- of Joseph Rice, dec’d ------------- Joseph Rice, Esq., died at the residence of his brother-in-law, W. R. Jones, near New Market, Alabama, of acute bronchitis, on Monday, February 12, 1883, at 12:15 p.m. in his 86th year. The deceased was born November 5, 1797, in Cooke county, Tennessee, whither his parents moved to Buncombe, North Carolina, and, thence, in 1806, to the vicinity of what is now New Market, in Madison County, which was organized as a county by the Mississippi Territorial Legislature in 1805. His father, Spencer Rice, dying in 1808, his mother went back to North Carolina, taking Joseph and his younger brothers, Levi and George, with her. In a few months she died, leaving these little boys to the care of her sister, Mrs. Sarah McCathy. The subject of this sketch and his brother Levi, young as they were, wishing to live in Alabama, set out on foot and, in less than two weeks, were, again, at the present New Market, where Joseph Rice has since resided, except for six years—when he lived in Dallas Co., Ala. In 1813, when about 16 years old, he served under Gen. Jackson as a volunteer in the Creek war, and (a friend informs us) was one of a body of volunteers sent from Fayetteville, Tenn.; by Gen. Jackson, to defend Huntsville from a threatened Indian raid, and they came at a double quick, reaching Huntsville, 30 miles distant, in five hours. On the 18th of Feb’y 1818, he was married to Johanna Bayless, daughter of Hezekiah Bayless, Esq., who, in 1805 settled the place where John A. Fanning now lives. This union was blessed with nine children—four sons and five daughters—of whom only one son (Dr. Francisco Rice) and three daughters survive him. In the fall of 1841, he made a profession of faith in Christ, but did not attach himself to any Church for several years, when he united with the Baptist Church in New Market, and, ever after, lived a consistent Christian. He was of a cheerful, lively disposition, very humorous, having a pleasant smile and word for every one, polite and courteous to the most lowly as to the most honored; liberal in the distribution of his monies in aid of Churches and schools, and never turning the poor and needy empty away. In his pursuits as a private citizen, and in his official character as a Justice of the Peace, a love of right and justice was his ruling trait. Few men, if any, were more respected than he for these eminent Christian virtues. He died in peace with God and man, with a blessed hope of a resurrection with the just. Surely, “The chamber, where the good man finds his death, Is privileged beyond the common walks of men, Close on the verge of Heaven.” May he rest in peace and rise in glory! LOCAL ITEMS Grand Jury Report ---------- We call attention to the Report of the Grand Jury of Madison County in our columns. Every citizen must be gratified at the reported condition of our County offices, jail and finances. We think it our duty to call special attention to the report in reference to the Commissioner’s Court’s discharge of its duties under Section 750 of the Code, which requires the Court to make an annual publication, “showing the receipts and expenditures of money for the county, specifiying particularly the sources from which received and the purposes for which expended.” During the last canvass for the Legislature, the Opposition to the Democratic Party, on the stump and in the Huntsville Advocate, charged the Commissioners with non-compliance with the above requirement of the Code, and excited much public comment and prejudice, which, doubtless, induced Judge Speake, at the last Fall term of the Circuit Court to bife that section of the Code in special charge to the Grand Jury, who through their Foreman, Hon. John W. Grayson, after careful examination of the law and the action of t the Commissioners, after stating how they had made publication, said: “This we deem an economical and strict compliance with Sec. 750.” The Grand Jury for this term of the Circuit Court, “following in the footsteps of their illustratious predecessors” through their Foreman, Capt. Wm. R. Day, say: “The publication so made by the Grand Jury under oath [referring to Grayson’s report] is, in our judgment, a faithful, honest and economical mode of complying fully with the law requiring the commissioners’ Court, twice each year to publish the receipts and expenditures of money,” and conclude thus: “We have in the discharge of our sworn duty, made this thorough examination, and being fully satisfied, we feel that we should make our report on the subject “plain and pointed.” Certainly, these concurrent reports of two consecutive grand juries, selected from the freemen of Madison County, ought to silence all critics, cavilers, and grumblers. Report of the Grand Jury of Madison County, Feb. Term, 1883. ---------- To the Hon. H. C. Speake: Under the charge of your Honor, we have investigated all indictable offences brought to our attention. In many cases where discretion was allowed us we have failed to present indictments because we were satisfied the prosecution would be a useless expense, and in no way add to the good of the County. But where the law did not allow us discretion we have in all such cases, (where we considered the testimony sufficient) found indictments. We have carefully examined the County Jail, and find the cells in strict compliance with the law, and no unpleasant odor as we could detect. The prisoners seem to have been well fed and provided for by the Jail physician and other officers, whose duty it is to give this matter attention. So far as we are able to say, the law has been strictly carried out in all respects. We have examined the official bonds of Madison Co., and upon investigation find them all sufficiently secured, except three as follows: R. Betts, the County Supt. Education, Bartley Lightfoot, Constable, Huntsville Precinct, Felix Forbes, J. P., Meridianville Precinct. In these we recommend a new bond. We have examined the books of Judge of Probae, and find them well kept and in accordance with law in every respect. We have also examined the books of Tax Collector and find them completely and nicely kept. We have carefully and critically examined the books and accounts together with the vouchers of the County Treasurer, and Court of County Commissioners, and upon this investigation we find the amount of money received and the sources from which it was received; and the expenditures and the purposes for which it was expended accurately and fully accounted for; and accounted for in such a business-like manner as makes it plain and intelligible to any citizen of the County who really and honestly seeks information as to the receipts and disbursements of our County. Upon our examination of the above we find that the Commissioners’ Court and the Treasurer reported to the “Grand Jury” at the last term of Circuit Court the receipts and expenditures of the County. That the same was examined by said Grand Jury, approved and submitted. The publication so made by the Grand Jury after examination, under oath, is in our judgment, a faithful, honest and economical mode of complying fully with the law, requiring the Commissioners’ Court twice each year to make a publication of the receipts and expenditures of money. We also find that the Treasurer files (twice each year) in the office of Judge of Probate the account of the money he has received and the amount he has paid out;-- this is an itemized account.—is tacked up in the Probate Judge’s office, is numbered and shows accurately the name of every person, the amount date and purpose or reason for payment that has been paid out of the County Treasury. This account each and every citizen who desires can examine. We have in the discharge of our sworn duty, made this thorough examination, and being fully satisfied we feel that we should make our report on this subject plain and pointed. We herewith submit the statement of the County Treasurer, and make and adopt the same, as a part of our report which report shows all moneys collected, for what and when, and disbursements likewise. We find that that Bond Debt of Madison County amounts to $76,000. The County has on deposit in Real Estate Trust Co., of New York, 44 first mortgage Memphis & Charleston Railroad bonds of the denomination of $1,000, bearing 7 per cent interest, worth now 15 per cent premium, making the bonds worth $50,000, which leave the debt of the County about $25,000. Report of receipts and disbursements of A. M. Wynn, Treasurer of Madison County, from August 1st 1882, to Feb. 1st, 1883, 1882 Receipts Aug. 1 Amount on had per last report 7,856.56 “ 10 Amt from J. A. Taylor C C C.Tax on _ 346.75 Sept 21 Rec’d from Wm. Richardson, J P for am’t Left after investing in M & C R R Bonds 45.31 Oct 3 Rec’d of Wm. Richardson, J P Licenses 36.56 Dec 20 Rec’d of Wm. Richardson Judge of Probate Licenses 50.32 Dec 29 Rec’d of M P Redemption Fund 16.32 Dec __ Rec’d of Wm. Richardson, Rent Jail lot 50.00 1883 Jan’y 2 Rec’d of Wm. Richardson J. P. Licenses 12.19 “ 4 J H Ware Taxes 1882 13,832.53 “ 16 J of P Insolvent taxes 31.05 14,456.03 -------------- $22,312.59 Disbursements Pd Int on Bonds due 1 Jan ’83 3,040.00 “ Jurors and Bailiff’s 3,133.77 “ Expenses of Elections, Inspectors, Clerks Returning Officers and Registering voters. 945.55 “ Expenses Poor House and paupers 2,004.48 “ Expenses public roads and bridges 1,936.21 “ Repairs, gas, fuel etc, Jail and Court House 438.60 “ Medical attendance and drugs for Prisoners at Jail 147.40 “ Health officer 150.00 “ Advertising printing and stationary for County officers 814.20 “ Services as Comminssioners, County Officers salaries, including $500 for 1 years’ salary of Treasurer 1,877.76 ----------- Total $14,487.76 1883 Feb. 1 Am’t on hand this day 7,824.83 $22,312.59 Line and Forfeiture Account 1882 Aug 1 Amt on had per last report 584.18 “ 10 Rec’d of J P (fines) .15 “ “ Rec’d of T. J. Taylor, C. C. C. (fines) 43.75 1883 Jan 30 Rec’d of A. G. Johnson, J. P. (fines) 7.12 51.02 -------- On hand Feb. 1st, 1883, as above shown. $635.20 We now respectfully ask your Honor to discharge us. Wm. R. Day. Feb. 17, 1883 Foreman G. J. Madison Circuit Court --------------------------- The Circuit Court concluded its two weeks on the civil docket last Saturday. The Grand Jury made their report on that day, and were discharged. We understand that they found 68 indictments. The criminal docket was taken up on Monday last. The State vs. Wilkerson, for murder, was continued. The following cases were set for particular days: Cross, negro, for murder, for Friday next; Sandy Beasley and other negroes, for murder, for Thursday next; Wm. Brumley, white, for manslaughter, for to-day, and is in progress of trial, Levi W. Esslinger, for manslaughter, for Monday next. Charley Wall, negro, has been convicted of grand larceny, and Sidney Jefferson, negro, pleaded guilty of assault with a knife. Sellick Moore, negro, was convicted of assault with intent to murder another negro, and was convicted, but will, probably, appeal to the Supreme Court on the Judge’s construction of the recent act of the Legislature allowing defendant’s to make a statement, but not under oath, the Judge (as we understand) ruling that the statement was not to be taken as evidence, but only as such an explanation of attendant circumstances as the defendant, acting as his own counsel, might make. We hear that, notwithstanding defendant was a negro, his counsel, in his behalf, rejected two or three negro jurors, and he was tried by a jury of white men, exclusively. Wm. Brumly was acquitted by the jury. Dr. Wm. B. Banister ------------------------- This young gentleman, son of the Rev. Dr. J. M. Banister of this city, has attended lectures at the Hospital College of Medicine at Louisville, Ky., two terms. At the end of his first course, last Summer, for proficiency in his studies he was awarded a scholarship for the second course. It affords us great pleasure to chronicle a triplet of well-earned honors bestowed on him at the end of his second course. The Courier-Journal, Feb. 15, informs us that at the Commencement Exercises of the College, the degree of Doctor of Medicine was conferred on twenty graduates, among them Wm. B. Banister. “According to a long established custom those of the graduating class who, upon a written examination, attain a degree of excellence above ninety per cent in all the branches, shall have the word “Distinguished” written across the face of their diplomas.” Eight graduates “received that distinction, and their names now appear upon the role of honor,” and W. B. Banister heads the list. “The first honor consisting of a gold medal, offered by the Curators for the highest standing in all branches, was awarded to Wm. B. Banister, of Alabama. In conferring this honor, the Chancellor said: ‘Sir, the honor which it now becomes my pleasant duty to confer, is one of which you may well be proud, and your having won it places you in the list of those of whom much is expected by your teachers and the Curators of Central University. I congratulate you, sir, upon the fortunate result of your first efforts.’” An elder brother, Dr. J. Munro Banister, won first honors in the School of Medicine of the University of Virginia, and in the examination for Surgeons in the U. S. Army. Now the younger brother stands primus inter pares, and both may be characterized as par nobile fratrum, in the best sense. ALABAMA ITEMS Post Office Burglars ------------------------ Lambert and Simpson, arrested at Nashville as the burglars who robbed the Birmingham Post-office week before last, reached here, last Saturday, in charge of R. M. Porter, of the Detective Police and Policeman Pitman, of Nashville, were taken before U. S. Commissioner McCullough, and committed to jail, to answer before the U. S. Court. Mr. W. B. Green, son of the Birmingham Postmaster, Thos. U. Green, tells us that he recovered and delivered to his father, about $3,200 in money and postage stamps, leaving about $1,500 made way with by the burglars, who are said to look like, and have the manners of, gentlemen, but are accomplished “cracksmen” who have operated on many banks and strong boxes under several aliases. U.S. NEWS U. S. Congress ------------------ The Congress is still occupied chiefly with general appropriation bills. The Senate has passed its tariff bill 42 to 19. The House, when not engaged on appropriations bills, pegs away on the tariff.—It remains to be seen whether the House will pas any tariff bill, and if so, whether the two houses shall agree on any. We hope that they will not agree, and that a Democratic Congress, guided by the Constitution, will enact a tariff for revenue only. Austin, Texas, will soon have a university with an endowment from public lands of $5,000,000. The capital in Austin, the foundations of which are just laid, will cost $3,000,000 and will be one of the handsomest buildings in the country. A bill has been introduced into the Connecticut legislature which imposes a fine of $25 upon any one “who kills, in any way, the bird known as the American eagle.” Last evening Briggs’ Operatic Minstrels showed to a good sized audience. Generally speaking, the show was far better than the average run of its class. The singing of the Electric Quartette, so-called, was as fine as we ever heard for male voices, and richly deserved the repeated encores their performances called for. The local hits were well pointed, and were greeted with roars of laughter.—St. Catharines (Ont.) Daily News, Sept. 5th, 1882. LEGAL NOTICES Executor’s Notice ----------------- Estate of Fleming Jordan deceased LETTERS testamentary upon the estate of said decedent having been granted to the undersigned on the 19th day of February, A. D. 1883, by the Hon. Wm. Richardson, Judge of Probate Court of Madison County notice is hereby given that all persons having claims against said estate are hereby required to present the same within the time required by law, or the same will be barred; and all persons, indebted to said estate, are requested to settle with me without delay. CHARLES E. JORDAN feb.21-3w. Executor STATE OF ALABAMA, MADISON COUNTY, ---------- Regular February Term, Court of Probate, 19th day of February, 1883 ---------- Estates of Susan Birchfield, Dec’d; ---------- This day came John W. Cooper, Administrator of the Estate of Susan Birchfield, dec’d, and filed with the Court his account and vouchers for a final settlement of his Administration of said Estate: It is considered, ordered, adjudged and decreed by the Court that the 10th day of Marcy, 1883 be and the same hereby is appointed a day on which to make said settlement. It is, also, ordered by the Court that due and legal notice of the filing of the accounts and vouchers, the nature of the same, and the time appointed by the Court for settlement, be given, by publication for three successive weeks, in the Huntsville Democrat, a newspaper published in the County of Madison, State of Alabama; at which time, all persons interested can appear and contest said settlements, if they see proper to do so. WILLIAM RICHARDSON, feb21-3w. Judge of Probate City Tax Sale ---------------- The undersigned, as Tax Collector of the City of Huntsville, will expose to sale at public outcry at the Court House door in said city, on Monday, March 26, 1883, The following property, for taxes due said City, and still unpaid: Antony, Mrs. E. L.—House and lot, Franklin St. $3.38 Childs, Est. of Mrs. Jane H.—House and lot, Meridianville Pike $11.25 Caldwell, H.—House and lot, Holmes St. $4.50 Copeland, Wm.—House and lot, Spragins St. $5.63 Clay, Moses.—House and lot, Clinton St. $4.19 Dyer, Mrs. Jane E.—House and lot, Franklin St. $4.50 Johnson, Estate of James.—House and lot, Clinton St. $82.63 Moore & Co., Robert.—Vacant lots, Miller’s survey $3.93 Otto, Est. of A. J.—House and lot, Church St. $5.63 Cost to be added in each case. Balance of delinquent Taxes to be advertised next week. Those desiring to save cost had better settle. JNO. C. BRADLEY, feb.21-30d Tax Assessor and Collector File at: http://files.usgwarchives.net/al/madison/newspapers/itemsfro1318gnw.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 20.9 Kb