A Fam-ily Paper Devoted to Literature, Aiscellanny, Aews, Agricuture, Alarkets, 7ic. VOL. XX. NEWBER.RY, S. C ., THURSDAY, OCTOBER 23,1884. No. 43. HIE 11El11A) lD !~EtS, Is PUBLISHED EVERY THURSDAY MORNING At Neivberry, S. C. THOS. F. GRENEKER, EDITOR AND PROPRIETOR. TERUS-$2,00 PER ANNUM. Invariably in Adva- ce. TRADC MARK' REGISTERED. . L E W A New Treatment For Consapir and one that Newberry may w,ell be proud of.-Our Monthly. TheNEwBERRYHERALD AND NEWS comes to us in her new head dress. She has hangs and they are right be coming.-Temperance Worker. TheNEWBERRYHERALD AND NEWS ha' come out with its new hearl. It is not very pretty but the paper is first class de-pite its "ugly mug."-Sumter Watchman and Soutdhron. It strikes us very forcibly that our bn-thren of the press generally do not take to our new heading. Some like it and some don't. The report of the majority is against us. We there fore rise to a question of privilege. Not to a point of order, because it wouldn't be well taken, the liberty of the press being respected. In quoting the remarks, good, bad and indifferent, of our friends (we don't copy compli ment"ry notices only) we hope our readers won't think that we are "run ning our head in the ground." We just must say something or our head will burst. It has been knocked and "banged" by our exchanges until it really aches. It would be too painful to bear were it not for the few sooth ing pats it receives. Bat it has been spared the harde=t blow-it hasn't yet been called a dude's head. Enough though has been s:id about it to make it feel sick ; it seems that it neeas the attention of Dr. Shriner or Dr. Smith. Won't some of the P. D.'s (Doctors of the Press) now prescribe for it? For the past month or two it has floated on the breezes "from where the snow capped mountains kiss the northern horizon to where old ocean ripples o'er the southern shores" that the NEWS AND HERALD has a new head which is unbecoming, although its pulse is acknowledged to be all right. Our hea,!-light will continue to shine. It is like the torch of truth, the more it's shook the more it shines. Our ex changes knock it into pi and try to ex tinguish it in the sea of journalism. They shake their gory locks at it, but like Bancho's ghost it will not [stay] down. They crush it, but It rises again "to assert the majesty of Its suprema cy." In the rosebud garden of the newspaper kingdom it may yet linger 'like the last rose of summer,left bloom ing alone, while its lovely companions are faded and gone." In conclusion, gentlemen of the press of South Caro lina, we are sorry our head doesn't suit you, and had we known that It would have brought down such a vol ley of hot shot from your batteries on its devoted lines, we would certain ly have asked for an extra meeting of the State Press Association and selec ted a head by a unanimous vote. Improving The town of Newberry shows her citizens to be awake, with all their eyes open. The rapidity with which Mollo hon Row filled up is an evidence. Scarcely had the pamnt upon the shelv ing dried when they were occupIed by clothing, hardware and stationery; these three stores have passed the sum mer ordeal, and are now happily float ing on the broad fall season ; and last week two others, juLst completed, were filled with bacon and other stomach necessaries, and a first rate stock of cabinet furniture. Mollohon has never carried bedsteads or bureaus before. The McCaughrin corner is growing Into beautiful proportIons, and wIlla ford two fine store rooms, to which is added the ineat and eligible block of Mr. T. C. Pool, on Friend Street. This block will afford space for four pros pective millionaires. We think that these are signs of the times, and that Newberry is ad vancing all along the line. ________ Luiu. The Augusta Erening News says that Lulu Hurst only made *2,500 clear by et' trip to the North. The item going the rounds of the press that she brought home $40,000 Is untrue. An other paper says that Lulu professes to have had it revealed to her that her supernatural powers will be taken away fromn her before she is twenty years old. A very intelligent gentleman of this town says that he has alw~ays been of the belief that Lulu Hurst is possessed of a devil, and he is strengthened in this belief by the revelation of a me diumn that the work performed by the Georgia girl is the work of five Chero kce Indian spirits, as published In a recent issue of the Sunny South. ' Kitchen Cabinet," Is the name Bishop Granberry gives to a company of preachers at confer ence who essay the work of making appointments. What jolly times we used to have with John 0. Willson, A. Coke Smith, 0. A. Darby, R. D. Smart, J. A. Cli'fton, J. S. Beasley and other brethren beloved, making ap pointments in the "Kitchen Cabinet." * * * * * * A very Interesting session of the "kitchen cabinet" was held in the Ed itor's sanctum a few evenIngs since, Bros. Clifton and Meadors being pres ent. It Is needless to say that those present at least received very satisfac tory appointments.-Rev. If. D. Kirk land in the Church Record. Willing to Learn. The Columbia 'e1ae says : The following paragraph is taken from the Carolina Spartan, and it speaks vol umes in praise of the ladles who ex hibit such unusual zeal In fitting them selves for their calling : "Two of our teachers, Mrs. Evins and Miss Carson, went -to Columbia Monday In order that they might spend several days in the graded schools of that city. They start out in this new work here in Spartanburg feeling that they do not know everything, but what Is better they are all willing to learn. Such Interest and enithuAinhm will make live. ly teachers." George Bancroft, the histoiaa, has jmist celebrated bie pighty-fonftIi bithday at Newport. R. I. He re ticved many congratulatory letters and dispatches from all parts of the wor1d. CHRONICLE TRADE REVIEW. The Hon. Patrick Walsh, the ed itor of the Augusta Chronicle has our thanks for a copy of the Trade Review of that excellent paper. The Recieuc is not only a highly credi. table typographical production handsomely illustrated and printed but as a review of the trade and the business outlook of Augusta and the Sta e of Georgia cannot be ex celled. A writer to the New York Obser ver asks if Adam. being born of a beast, (suppose of an ape) had any bringing up, hefore his soul was put into him. Did he remember his mother ? What associations of his former condition remained in his new life. The Observer not be ing able to answer the questions, suggests that the writer send to Prof. Woodrow, Columbia, S. C., for the desired information. We feel interested and would like to hear from the Professor. Don't Forget It. When we say write us the news, we express our desire for information of current events-not long and tiring accounts of a private dinner to which you had previously been invited, or anything of that sort. There ought to be an asylum for those afflicted with cacoethes scribendi. We don't want anything merely "to fill up with." We can attend to that. Send us the news. Peterson's Magazine for November is on our t.ble-ahead, as usual of all others. How the publisher can afford to keep improving it. as he does. is a standing wonder. With this number appears the Prospectus fornext year. It promises even better things, and "Peterson" always keeps his promises. There will be over 1,200 printed pages, 14 steel-engravings. 12 double-sized colored steel fashion-plates, from 900 to 900 wood cuts, six copyright novelets, one hundred emaller stories etc., etc. In short, the mag azine will continue to be. as heretofore, tho chew pest and best forladies. The terms are only Two Dollars a year. To clubs, it is cheaper still, viz: four copies for six dollars and a half, with an extra copy to the person getting up the club. Or five copies for eight dollars, with both an extra copy and tbs "Pearl of Price," a beautifully illustrated volume, or a large steel-engraving, "The Lion In Love." Everybody should take this magazine Now is the time to subscribe. Address Charles J. Peterson, 306 Chestnut Street, Philalelphia, Pa. specimens are sent, gratis, if written for to get up clubs wii h. THE STATE SUPREME COURT. SYNOPSIS OF BECENT JUDICIAL DECI, SION. Partnership-Action against Partneri Maybin. Survivor. vs. Moorman, Executor -No. 1,586. During the existence of a mercantile partnership, R. Moorman, one of the concern, being a subscriber for ten shares in the Bank of Newberry, charg ed himself with $1,000, drawn from the firm and used by him in paying for the stock, which stock stood afterwards on the books of the bank as his individual property. The partnership proved in solvent, and the plaintiff, as survivor of the firm, Instituted this action against the execntor of the said Moor man. In which he prayed that stock and dividends accrued thereon be adjudged the property of the firm and be turned over to the plaintiff as survivor there of. The action is in substance an ac tion for the recovery of personal prop erty, and the right of action must stand or fall upon the question of title, legal or equitable, ini the plaintiff. The Supreme Court decides: That as to the legal title, the plaintiff has no standing. Each partner can bind the firm within the scope of the part nership. In the absence of fraud or conspiracy, each can draw from the common till-for their own and individ. ual purposes, charging themselves at the same time with the amount so drawn. They can pay their Individual debts by giving credit to their creditor on a claim due by him to the concern, when bona fide done. Survivors of Kirkpatrick & Co., vs. Green et al., 4 McC., 137. In the absence of concealment of the transaction and of all purpose secretly and Improperly to appropriate a por tion of partnership assets to his own use, and in the presence of the fact that he charged himself upon the books with the amount drawn out, under the law applicable to partnerships and the facts of the case, he had the right to do so, and having done so, he became a debtor to the concern for said amount, The stock so purchased became his in. dividual property, and Is not subject to the equitable claim of the plaintiff, This i the law Independent of the fact that Moorman was a salaried etmployee of the concerrn, with his salary as sl ary unpaid at the time. With this fact appearing there is still greater reason why the trausaction should be impeachable. Judgment below, Opinion by Simp. son, C. J. Filed .July I, 1884. Messrs. Suber & Caldwell for appel, lant, Mr. Y. J. Pope for respondent, SE ASIDE 31 USI('. Gnest-"I did not know you had a band here." Landlord-"Oh, yes, I have one every season." Guest-"How often do they play?" Landlord-"'Only once a day-, in the afternoon or evening." Guest-"Wouldn't it be better to have them play in the morning?'' Landlord-"Why in the morn. ing?" -" Becanse then the guests, rested, refreshed and invigorate4 by a good night's sleep, are better able to stand it."-Philadelphia Call. MEDICAL AfD, 'How is your husband to-day, Mrs. Jones?' 'He is very ill indeed.' 'Worse than he was?' 'Oh, yes; the nurse says he isbe. yond the reach of the doctors, now,' 'I'm glad to hear it,' 'What? What?' -I'm glad to hear It. Now, if you can only keep him beyond their reach, I t-hinke he will et well rents