The Dayton Herald News Gazette
Vol. XIX. NO. 1,889 Dayton, Tennessee, Thursday Morning, July 13, 1893
ONE DOLLAR A YEAR
Page 1 was only misc. articles

Page 2

W.S. Hallock, Editor and Proprietor

New Post-office Rules The following new post office rules have been struck up by Asst. post-master Jim Henson: Extra charge will be collected for carrying tamep (sic) oyclones(sic). Untamed ones will not be carried at any price. No reduction will be made on large amounts of postage stamps. Any bulky substance will go cheaper if whitewashed. You cannot send a cow through the mail with her horns. To send one bottle of first class beverage you so are two (sic). Before mailing a coffin the sender is required to make affidavit that its occupant was not carried hence by cholera or any other contagious disease. You can buy postage stamps, etc., just as cheap at this office as elsewhere, so there is no use sending to Chattanooga for a catalogue.

Trustee's Sale E.D. Osborn, Trustee, was selling land belonging to C. J. Titus and wife, Mary E. that was in Spring City.

The remaining parts of page 2 were taken up with articles and ads.

Page 3

Railroad Time Table included here.

Town and Country All Sorts Of Little Items Collected For Times Readers The grand Jury brought in fifty presentments. An adjourned term of the Circuit Court will begin here August 7th. Dr. Blevins lost a valuable cow last week from some disease not stated. Attorney J.B. Frazier, of Chattanooga, was here this week attending Chancery Court. And the face of the Court House Clock is painted white, and can be seen from afar-off. Mrs. Margaret Quick, of Grand View, was quite ill for a few days last week, but is able to be about again. The Negroes had a brass band Tuesday and tackled the hot and dusty streets in a big parade with a bravery seldom witnessed. The livery rigs in town were kept busy Tuesday rolling the Negroes to and from the big picnic at Big Spring in the extreme north end.

Died, July 7th, 1893, on First Avenue, Thomas Cleveland Cunnyngham, infant son of T.N.L. and E.J. Cunnyngham, after a painful illness of two weeks.

A.J. Gibson, postmaster at Lorraine, was quite seriously ill last week, but we are glad to note he is much better. His ailment was a severe attack of Flux.

Dr. Cunnyngham says he has been cutting clover 'down on the farm' that measures over six feet. And some people say clover won't grow in the south.

We had intended a few paragraphs on the 15th District business but the court proceedings and other matters have right of way. Next week will do.

Clerk Wilson, of the Circuit Court has a regular arsenal stowed away in his desk, comprising pistols of all patterns and sizes, knives, knucks, &c., taken from evil doers.

Graysville Academy will open August 21st for a ten months term considerable improvements have been made in the buildings and arrangements made to adequately provide for all pupils.

R.J. Killough, record clerk in the Chancery Court, not only writes a neat hand, but what is of importance, a very legible one, so that the record book not only has a neat appearance but is as easily read as print.

G.W. Green, deputy sheriff of Roane County for the Harriman district, was in Dayton yesterday and made The Times a pleasant call. Wash has been appointed City Marshal of Harriman by Mayor Durell and will make a good official.

G.W. Ault spent Sunday at Morgan Springs. He put in the day figuring the profits on a sheep ranch in the valley or rather on the mountains surrounding the valley. He makes it very plain that the sheep industry ought to flourish here.

Jim Blevins, the same Jim from Dayton, is at present holding down a lucrative job as assistant to our friend McGurie, railroad agent at Jellico. Jim has the best wishes of his old friends, and the girls are hereby notified to address him as above.

Mr. J.H. Merritt, of Grand View, arrived home yesterday from his visit to the World's Fair. He was on the grounds Monday and witnessed the burning of the tower of the cold storage building, in which twenty or thirty firemen lost their lives. It was an appalling and blood-curdling spectacle never to be forgotten.

E.D. Allen, formerly of the hardware firm of Allen & Phillips in this city, has been appointed postmaster at Spring City.

Teachers Institute At the close of the Institute and Annual Examination at Rhea Springs, July 6th, 7th, and 8th, the following officers were elected for Institute work for the ensuing year: W.E. Stephens, President; N.M. Hensley, Secretary; C. Fugate is still Vice-president; S.E. Paul Com. on Program; W.B. Schoolfield Com. on Program; J.O. Benson Com. on Program.

(end of column 1, Page 3)

CHANCERY COURT Proceedings of the August Term up to Wednesday Evening Hon. T.M. McConnell, chancellor. T.J. Gillespie, Clerk and Master. Richard Francis v John Dyke, garnishment. John F. McNutt, garnishee, pays in $50 and is discharged.

It appears from the record that the term of office of Clerk and Master, T.J. Gillespie, expired March 30, 1893, and that on April 8th, at chambers, he was duly re-appointed by the Chancellor for a term of six years. The Clerk and Master filed his bond................ J.M. Howard, G.W. Johnson, R.N. Gillespie, H.A. Crawford and J.W. Gillespie as bondsmen.

W.A. Anderson v Joseph Rose. Judgment set aside and respondent allowed to file answer.

J.B. Campbell at al v J.H. Storie. Dismissed.

R.L. Thomison v W.G. Allen. Plaintiff dismisses bill and defendant recovers costs.

I.B. Merriam & Co., et al. v Arch McCaleb et al., and Bank of Sweetwater v. Arch McCaleb, I.B. Merriam & Co. et al. Dismissed at cost of complainants.

Samuel Johnson et als v T.G. Gillespie et als. Continued by consent.

Piney Creek Coal and Land Co. v Elisha Newby. Judgment in favor of Elisha Newby.

A.C. Blevins v H.T. Blevins. Complainant dismisses his bill, he to pay all costs.

Robert Kitrell et al v Maggie Evans et als. Motion to dismiss sustained.

Oscar Sabin v M.H. Reed et als. Continued by consent. Tilly Rogers et al v J.C. Rogers et al. Order of sale renewed.

R.W. Colville v W.P, McDonald. Continued by consent.

R.A. Spinning v E.H. Brown. Decree that unless $275.11 is paid within four months, land to be sold by C. & M.

J.A. Wilmore & Co. v D.F. Robinson et al. Order of Sale. Dayton Ry, Land & Im. Co. v Knight & Knight. Dismissed and judgment confessed.

First National Bank of Dayton v Anglo American Association of Spring City. Decree of sale.

Peeples & Trotter v McD. Smith, Judgment for complainants.

Home Pump & Engine Co. v Town of Dayton. Continued.

W.T. Gass v E.F. Waterhouse et al. Continued.

Security Sav. & Loan Assoc'n v Petty et al. Thirty days in which to answer.

E.D. Osborn et al v Susan Rogers et al. Judgment and order of sale.

W.C. Gardenhire et ux. v L.L. Donaldson et ux. Decree and order of sale.

W.D. Hughes v C.P. Carpenter. Decree and order of sale.

W.W. Woodruff & Co. v John Gollahon. Decree and order made perpetual.

Keyser & Co. v John Hoagland. Compromised.

J.B. Runyon, of Spring City, was admitted to the practice of law in this court.

Illinois B.&L. Assoc'n v Elmira Walker et al. Continued by consent.

Lorinda G. Williams v Thomas C. Williams, divorce. Decree granted.

A.P. Haggard v W.P. Henry et al. Order of reference.

A.G. Slawson v L.L. Donaldson et al. Continued.

Mayor and Alderman v G.M. Small et all. Report of Master confirmed.

J.A. Wyrick v Phoebe Wenphrey. Order of sale.

State v Walter Neal et al. Report of Master confirmed.

Am. B. & L. Assoc'n v J.C. Hinch et al. Judgment for $1,148 and attorney's fees, with reference to Master as to fees.

Real Estate Transfers For the week ending July 12th

J.W. Branden, by Chancery Court, to Ed. Suddeth, lot in Tenth District, $4.70

Nancy Rose to H.A. Haas, one half of 300 acres in Ninth District.

Mary John to Margaret E. Smith, three lots in Tenth district.

P.T. Foust to W.K. and C. Fugate, 1 lot in Tenth District.

Elizabeth England and husband to R.E. Cato, one lot in Tenth District.

The Dayton Coal & Iron co., Limited, to Walter Organ, one lot in Eight district.

J.W. Caldwell to J.S. Parham, one lot in Fourteenth District.

The Dayton Coal & Iron Co., Limited, to C.A. Tyler, one lot in Tenth district.

Card of Thanks We hereby tender our heartfelt thanks to those of our friends and neighbors who so kindly assisted us during the recent sickness of our little son, Tommie. T.N.L. Cunnyngham, L.J. Cunnyngham.

Marriage License For the week ending July 12th. William Melton to Lula Allen

(end of column 2, page 3)

CIRCUIT COURT

Synopsis of Business Transacted at the July term Hon. Arthur Traynor, Judge John L. Smith, Attorney General J.C. Wilson, Clerk A.L. Wilson, Deputy Clerk W.G. Taylor, Sheriff J.D. Patton, T.J. Knight and R.T. Young, Deputy Sheriffs. The Grand Jury was in session all of last week and brought in fifty presentments and indictments. The same Grand Jury will convene again August 7th. Following are the proceedings in detail:

CRIMINAL CASES

Sate v Bob McGuffey, carrying pistol. Forfeiture.

James Whitfield, assault and battery. Fined $5.

J.S. Buchanan, assault and battery. Continued by State.

Same, carrying pistol. Same entry.

Esan Jones, gaming. Nolle on payment of costs.

H.A. Haas, selling liquor to minors, nolle on payment of costs.

Lem Brown, selling liquor on Sunday. Not guilty.

Same, same charge and same entry.

David Montgomery, assault with intent to murder. Continued by defendant.

W.F. Miller, carrying pistol. $50 and costs.

W.H. Hickman, cruelty to animals. Not guilty.

Joseph Dodson, carrying pistol. Nolle on payment of $10 and costs.

H.A. Haas, selling liquor to minors. Guilty.

John Lemmons, offering to sell pistol. Forfeiture.

Silas Potter, perjury. Not guilty.

John Bottomlee et als, forfeiture on bond. Final judgment.

Bart Hale et als. Same entry.

Jim Cook, assault and battery. Nolle on payment of $1 and costs.

Elmer Wolf, larceny. Forfeiture.

West Putnam, carrying pistol. Nolle on payment of $10 and costs.

John Godsey, larceny. One year in pen.

W.J. Baker, selling liquor on Sunday. Not guilty.

J.F. Dosson, assault and battery. Dismissed.

George Denton, gaming. Nolle on payment of costs.

W.D. Lillard, gaming. Same entry.

Jim Phillips, disturbing public worship. Not guilty.

Jim Everett, same. Same entry.

George Everett, same. Same entry.

Wm. Myers, lewdness. Continued.

Cony Gibson, disturbing public worship. Not guilty.

Will Smith, carrying pistol. $10 and costs.

John Travis, same. Not guilty.

T.J. Brewer, selling liquor on Sunday. Nolle on payment of costs.

Elmore Hawkins, carrying pistol. Forfeiture.

Jose Smith, disturbing public worship. Continued.

Dave Day, larceny. 100 days in jail.

Wm. Ingle, disturbing public worship. $5 and costs.

I.H. Ingle, same. Not guilty.

R.D. Hinds, same. Not guilty.

Will Russell, carrying pistol. Nolle on payment of $5 and costs.

Ollie Lawson, contempt and forfeiture. Nolle pros.

Cynthia Lawson, same. Same Entry.

Martha Holston, profanity. Guilty.

Wm. Finch, gaming. Nolle on payment of $1 and costs.

Grant Walker et al., lewdness. Not guilty.

W.J. Lowry, keeping open on Sunday. Continued by consent.

D.G. Hudson, assault and battery. Continued.

Jno McIntire, gaming. Continued.

W.J. Baker, selling liquor on Sunday. Continued.

Same, keeping gaming house. Continued.

W.J. Lowry, selling liquor to minors. Continued by consent.

Same, selling liquor on Sunday. Contented.

Porter Douglass, gaming. Nolle pros,

Mose Holman, selling cigarettes. Continued.

George Taylor, carrying pistol. Nolle on payment of $5 and costs.

W.G. Mitts, larceny. No bill.

W.H. Cox, fraudulent breach of trust. Continued.

Frank Rhea et al., larceny. No bill.

Geo. Hodges, carrying pistol. $10 and costs.

Wm. Estis, felonious assault. No bill.

John Gass, destroying fence. No bill.

Sam Smith, carrying pistol. Continued.

Frank Williams, larceny. 18 months in pen.

John Deck, larceny. Continued.

Wm. Hughes, larceny. Continued.

John Trentham, carrying brass knucks. $10 and costs.

R.C. Knight, fraudulent breach of trust. Continued.

W.H. Cox, same.

CIVIL CASES

John Morgan v W.H. Cunnyngham, damages. Mistrial.

J.B. Dawson v Dayton Laundry Co. Compromised.

J.S. Anderson v Wm. Airheart. Compromised.

E.T. Howell et ux., v W.U, Tel. Co., appeal. Passed until Aug 7th.

W.C. Shafer v Geo. Stanley, appeal. Compromised.

W.W. West v J.F. Dosson, appeal. Passed until Aug 7th.

Thomas McGhee v D.C. I. Co., damages. Passed until Aug 7th.

Oscar Sabino v Reed & Talmadge, appeal. Judgment for plaintiff for $200.

W.W. Woodruff v John Gollahon, attachment. Enjoined.

McD. Smith v Rachel f. Henry, certiorari. Passed until Aug 7th.

Same v Same. Same entry.

W.B. Miller v W.U. Tel. Co., appeal. Passed until Aug 7th.

R.C. Knight v C.N.O. & T. P. Ry. Compromised.

S.H. Stover v D.C. & I. Co., damages. Passed until Aug 7th.

Citizens Bank & Trust Co. v W.C. Gardenhire, appeal. Compromised.

Mayor and Aldermen v Mose Howell, appeal. Passed until Aug 7th.

Same v Charley McDonald, appeal. $5 and cost for plaintiff.

Pole Howerton v C.N.O. &T.P. Ry., damages. Passed until Aug 7th.

C.P. Carpenter v W.H. Cox, appeal. Dismissed and rule absolute.

Henry Wester v C.N.O. &T.P. Ry., appeal. Passed until August 7th.

Mary C. Lowe v City of Dayton, damages. Judgment for plaintiff for $50.

J.A. Denton et als v James Bottomlee et als, appeal. Passed.

W.K. Thompson v J.D. Patton, appeal. Enjoined.

NON-JURY DOCKET

J.C. Wilson, Clerk, v W.M. Brown et als, fifteen cases in all, suits for no return of execution.

T.C. Gannaway v I.N. Whittenberg, petition to sell land. Stricken from docket at plaintiff's cost.

Wm. Saward v Elizabeth Saward, divorce. Passed until Aug 7th.

Mary Pritchett v Lindsey Pritchett, divorce. Decree granted.

Hannah Cofer v C.N.O.&T.P. Ry., damages. Compromised.

J.D. Cowan v John Roberts, certiorari. Compromised.

John C. Casey v Martha Casey, divorce. Passed until Aug 7th.

H.H. Shaver v Mary Sullivan, appeal. Passed.

Eliza Rule v Andy Rule, divorce. Passed.

Rhea County v John Morris, appeal. Passed.

Buchanan & Crabbs v J.H. Hinch, appeal. Dismissed at plaintiff's cost.

H.E. Burchard v E Lawson, appeal. Passed.

Susan Montgomery v T.H. Montgomery, divorce. Dismissed, parties jointly paying costs.

A. Kelley v J.L. Peters. Appeal. Passed.

D. Ry & Land Imp. Co. v Knight & Knight, appeal. Dismissed at deft's cost.

Winters & Nelson v W.G. Allen. Condemnation. Passed.

Charles Mealer v C.N.O. & T.P. Ry., damages. Passed.

(end of column 3, page 3)

(Civil Cases Continued)

Wm. Fox et als v W.M. Brown et als, damages. Not at issue.

Sally Keedy v John Keedy, divorce, dismissed at plaintiff's cost.

W.B. Etheridge v Ellen Hart et als, appeal. Passed.

Mayor and Aldermen v J.F. Dosson, appeal. Dismissed at defendant's cost.

Same v Wm. Randolph, appeal. Continued.

Q.W. Alley v _ D. Atchley, constable, appeal. Passed.

J.F. Dosson v Susan Martin et als, writ of error coram nobis. Passed.

L.L. Donaldson v L.A. Clark. Continued by consent.

J.H. Strange v Smith Brady, appeal. Continued on motion of defendant.

I.C. West v C.N.O. & T.P. Ry, damages. Continued by consent.

J.S. Hawkins & Co. v Gem City Mill Co., appeal. Passed until Aug 7th.

J.M. Howard v J.D. Patton, deputy sheriff, appeal. Enjoined.

S.J. and N.A. Northrup, adm's, v W.H. Cox et als, condemnation. Order.

E.G. Tollett v James A tulloss, condemnation. Order.

L.P. Essex v Chas Acuff, condemnation. Order.

Richardson Bros & Co. v W.G. Allen, appeal. Passed until Aug 9th.

John Hamilton for the use of W.H. Burnett v Wm. Compton, condemnation. Order.

John M Howard v F.R. Winfield, condemnation. Order.

W.M. Brown v Jeff Woody, appeal. Passed until Aug 7th.

Manier & Co v Howard & Tulloss, condemnation. Order.

Tom Richards v Jesse Smith, appeal. Passed until Aug 8th.

J.J. Denton v W.H. Cox et al, appeal. Passed.

John McIntyre v T.C. Springs, appeal. Judgment for plaintiff for costs.

Bohea Importing Co v Joe A Loyd, condemnation. Order.

George Collins v Lews Garmany, appeal. Passed on account of sickness.

Martha Gillespie v Charlie Gillespie, divorce. Passed.

R.P. Short v Wat Roberts, garnishment. Passed.

W.R. Henry v Mrs. Belle Smith, appeal. Passed.

Jennie Talley v John W. Talley, divorce. Passed.

J.F. Able v W.T. Barger et als, appeal. Passed.

Robert Bigriggs v D.C. & I. Co., damages. Not at issue.

J.F. Smith v D.B. Allison, appeal. Continued to regular term.

Butt, Cox & Young v J.A. Howard et al, appeal.

W.E. Smith v ___ Brown et als, appeal. Passed until Aug 7th.

J.D. Cowan v W.L. Davenport, condemnation. Enjoined.

Mary A Foust, ____ v W.G. Allen, condemnation. Order.

R.R. Swepson v W.G. Allen, condemnation. Order.

Mayor & Aldermen v Abe Powell, appeal. Passed until Aug 7th.

Same v R.C. Wheeler, appeal. Continued to Aug 7th.

Same v Jesse Bowles, appeal. Continued on costs.

Same v W.J. Baker, appeal. Continued to Aug 7th.

P.T. Foust v W.G. Allen & Sons, condemnation. Passed.

W.A. Anderson v W.P. Milam, appeal. Passed.

A. McPhoeteres, admr, v C.N.O, & T.P. Ry., damages. Passed until Aug 7th.

Drew, Shelby & Co, v T.N.L. Cunnyngham, motion. Continued to Aug 7th.

Mayor and Aldermen v Pole Day, certiorari. Compromised.

Kentucky Wagon Mfg Co. v J.A. Loyd, order. Order of sale.

Wm. Dupes v Buchanan & Crabbs, attachment. Continued, attachment for non-residents.

John Morgan, trustee v same, attachment. Passed.

H.T. Fox v F.R. Winfield, condemnation. Order.

D.B. Brady v Fred McKeehan, constable, appeal. Passed until Aug 7, on account of sickness.

Rhea County v Erwin Howell and S.W. Swabey, appeal. Passed until Aug 7th.

Howard & Skillern v C.N.O.&T.P. Ry., motion to relax costs. Passed.

A Tragic Ending D.F. Mitchell died at 4 o'clock Tuesday morning from an overdose of morphine administered about 10 o'clock Monday night by Dr. R.L. Johnston. It is stated by those present that Dr. Johnston was in a drunken condition when he administered the morphine, and he was subsequently arrested on a charge of involuntary manslaughter and placed under a bond of $1,000. (A tree had fallen on him while on a picnic-EC)

(end of column 4)

CHANCERY SALE

The finest farm in Rhea County goes for $39,602.00 On the opening day of the chancery Court, last Monday, the splendid farm of T.G. Gillespie, of Spring City, was sold under a decree in Chancery for $39,602. The purchaser was F.T. Hampton, of Hill City, Hamilton County, and, as the boys say, he has a snap. The farm is river bottom, located in a big Bend of the Tennessee River so that a short line of fence encloses the entire 1,600 acres. Men who are well acquainted wit the place say that it is well worth from $75,000 to $100,000. Three lots in Spring City were also sold under the same decree, one to John Hinch, one to R.F. Brown, and one to J.D. Patton. The aggregate of the sale was $41,395, and it is said that the Gillespie creditors will realize 33 cents on the dollar.

(There are several articles left on this page, but no genealogy items.-EC)

(end of page 3)

(page 4 is misc. articles and advertisements-EC)

(end of the July 13, 1893 Times and News-Gazette newspaper)

Provided by the generous heart, eyes and fingers of Edna Clack.