Historical Newspapers of South Carolina

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I- r . A Family Companion, Devoted to Literature, Miscellany, News, Agriculture, Markets, &c. I Vol. X. W"TEDNESDAY MORNING, OCTOMBER 7, 1874. No. 40. H~E HRL 19 PUBLISHED ETERY WIEDNESD1y MOW~NING, At ]Newberry C. , BY THO99 F GRINEKRt Editor and Proprietor. Terms, se.so per emnunt, Invariably, in Advance. il e _paper is stopped at the expiration of tizae fi)rwhioh it is paid. .27- The X ipa~rgl denotes expiration, of sub HIDE-AND-GO-SEEK. Rapnmom has fouad me out * F%;and-me outa:t list! 0h, shie'sdogged me round about; AV ray hurrying Ilife she's chased me, Treading hard ard. hot slWs faced me, Abrnost to-ached me. all but faced me Ifere she is at last! Wary vrere you, "Tappiness! Pzitent to the 1:% st! Fr)m your-tbanidess busine.s La;ga:-d Time has catne to feeyoa. Atways driwou by Fate to flee you, NeTer (lid I think to seyou T ack we dowu at last!. A LITTLE ELBOW BIOOMI. Good friend, don't crowd so very tight, There&s room eiough for tvro: -Keep In your; m*id th at I have a right To live as well as yon. Y Yon ri-b and strong, I poor and weak, - But think you I presume, Wben Gnly this poor boon I ask A lite elbow room? Iris such as you, the rich and strong, lryoii buthave the will, COwld give the weak a lirt along, An ephim up the b ill. : uEtzo-you jostle, crowd and driya, Yeir storm, and fret and fcme; -' Aio you the only man alive Iwatof elbow room? -But thuait is on life's round path, ]iand, which May hastened to take in her own, that were not half so *~inty. "Lo3k yonder at the noble iange of hills that shuts the sun out early in the afternoon from this .T ~ I she answered, solemnly-"God's time, which I am content to wait, happy in waiting!" Then, after a pause "I am going to tell you a story, she continued-"a story that would not read well if you were to write it up even, so little there is in it of incident or accident; but little as it might seem and be to the world, it made me what I am to-day-an old maid, lonely and alone." "Lonelyl" queried May. "I use that word in a eomparative sense only. I love life well enough to enjoy its duties, which have real ly much of pleasure in them, and am not unhappy ever." She rose, then, with May's hand still in hers, leaned. on the window's ledge, looking for a long time in silence out over the valley and up to the blue sky, so peaceful in its beauty; and the wind played with her silvering hair as if it loved it dear ly, and scatteredi there the pale bluish blossoms of the hawthorne from hedges a hundred yards away, while over her yet beautifal face flitted the lights and shades of memory, whose life is infinite, even as God is. "You see the old elm, May, down by the bridge?" she asked. "The road turns just there, and goes winding through Glen Valley, and past the villa where,. thirty years ago, Ellery Hopkins, the village school-master, lived With his widow ed mother and one sister, helpless always, as at birth. You have heard your mother speak of them, perhaps ?" "I think not," May said, musing ly-"and yet the name seems fa miliar. Hopkins-Hopkins? Oh, yes, I remember now. 'Twas a General Hopkins,' whom I met at Nice, and your Ellery!" ".My Ellery?" queried Miss Moore. "You are right-though you speak so utterly at .random-for he was mine, is mine, I think, wherever he may be !" May nestled up closer, eager for the romance shq was sure to hear. "Why, aunt Hitty." she said, "you didn't love a school master, did you?" "There it is again !" Miss Moore exclaimed with some'show of pas sion. "The poor, paltry, pitiful ride that has wrecked so many ives-that has made mine the lone ly, barren thing it is! But for it I might have been to-day a happy wife, with children of my own to keep me low and wise !" She was trembling from head to foot, and May, putting her arms round her, said : "Forgive me-do, dear Hitty ! I am so sorry !" "You're not to blame, child" iss Moore was growing quiet. "It's all owing to the way you were educated. In your world and mine, earts count for nothing." "Not so bad as that in my world, for-'i May broke off there, blushing foolishly, and Miss Moore took up and finished the sentence: "For you really love Claude Des pard? I suppose so. 1 spoke of the rule, to which there must be ex eptions always. You love a man your equal in all things- Suppose he were to be suddenly impoverish ed-what then?" May drew her breath in sharply. "I should love him just the same," she said : "Of course-if ever you loved him. But do you suppose your proud parents would let you mate with poverty ?" "I have never thought of it," May answered, soberly. "I don't think they wvould break my heart." "Humphi! That would be one of the times when hearts would count for nothing even in your world. I believe that were there forced upon them, to-day, a choice for your fu ture betwveen poverty that was pure and riches that were corrupt, they would choose the latter." "I supposed you gave to my pa rents an honowring regard;' May said, coldly letting her arm drop from the old waist and turning her face away. "And so I do. My own parents did the same by me, and I not only honored-I loved them. I honor and love their memories to-day. They did what they thought the very best. I never blamed them." "Will vou tell me the 'stor'y,' Hitty '?" May asked, her coldness all gone, and in her voice only a gen tle sympathy for the woman beside her-the woman whose whole life had been shadowed by the unright eous verdict of others, and by the sentence whose severity had well nigh crushed her, that time her hope, and life, and love were beauti ful and young. "You can scarcely see the tower of the villa from this window, some times, when the wind is high, and the trees sway hither -and thither," Hitty said, in answer. "I was watching it, I remember, the even I first saw him; and the rain was pouring froml th.. low clouds full of thunder, and a frightened bird had Euttered in at my window, and I had hidden it in my bosom, where 1 its heart could grow quiet from the very caln of mine. I remember it ;ll so well. I can hear now, it seems to me, the awful cries that came tearingy up the avenue, minutes be fore a ser,,aT from the villa stood theire, drenched-drowned almost, it seeied-and pleading for help. "-The misthress is sthruck !" she said, wringing her hands and tear ing her hair like a crazed thing; 'an' the masther's gone, an' the poor cripple can do nary a-thing, but schrame, an' schrarne, an' schrame! Won't s:mebdy help us, for the Lord's sake ' "There was no one at home that day but I and the servants. I sent Tom, the gardener, at once for a doctor, and went myself to the villa, taking my man with me. "We found Mrs. Hopkins still unconscious from the stroke, which, strangely enough, had left the honse uninjured; and poor Marga ret, the cripple was wailing piteous ly stretched upon the carpet beside her mother, and clinging to her hands-as the drowning cling to spars-but powerless to aid her. "We did the little that we could. It was not much-at least it seem ed not much to do-a-bathing and a-chafing of the body, that showed little sign of vitality; but the doc tor said we had saved the life, for she did live, and-loved me!" Miss Moore's chin settled down into her palm, and for a little while she sat with closed eyes, whose lid grew tremulous and wet, and heart whose beating could be heard, so hard it was, against the window ledge. When she spoke again, she had grown, outwardly, wholly calm. "I am sure you can guess how the friendship at first, how the loge at last, came about," she said. "For two days I scarcely left the villa. Margaret was almost as helpless from the fright as her mother from the stroke, and both begged me not to leave them. Ellery, too, and the doctor,~wished me to re main; and I was so glad to be of some use in the world, that had been so good to mze,that I eagerly seized the opportunity, which was mine by ac cident alone, to learn something of my neighbors' lives and needs. "Margaret, as I said, had been helpless from her birth ; but she was a sweet-faced, sweet-spirited girl. and I learned to love her as a sister. She had read a great deal more than I, and in many things she became rmy teacher, as her bro ther had been hers. The mother was sad-eyed and sad hearted (I learned this last from own lips, after I had read it plain lv in her face and heard it in her voice), yet gentle and patient, and fond, almost to idolatry, of 'the children,' as she always called Mar garet and Ellery. Little by little I learned the old lady's trouble. The villa, left her by her husband years before; had been hevily mortgaged, and by strictest economy they could only live on Ellery's earnings. 'He might earn more somewhere else,' she said; 'but how can lhe leave poor Margaret and me ? "I had money of my own, even then, enough to clear the home stead, and I gave it to Mrs. Hop kins, in a way not traceable to me, though I think the.good woman al ways suspected I could tell her if I. would. She died, however, with' out knowing ; but that was long afterward." Again the bowed head and the wet, shut eyes; again a silence boken only by the beat of a bro ken heart. "I have told you nothing of my darling," continued she, after awhile. "I could not if I would. He was everything I had looked for-long ed for-nd we loved each other. From the very first I knew it would )e so; and he-he never lost sight of the social gulf between us-never for an instant, I think, had any hope of passing it. If there was blame .at all, it was wholly mine; for I let him see my love and en couraged him to speak, even when he strove to be silent more for my sake than his own." "What made you, aunt Hitty ?" "Because I loved him-because I ~knew helovedme-because Ith oughtI I was never to be thwarted in any 'plan or hope of mine, since I never yet had been." "And you were mistaken." "I was mistaken. They dragged me off to Germany, to Paris, to Rome ; they kept me for years and years away, watching -that no word should pass beitween us two, whose harts were whollyand forevar nna. and when at last I stoodlagain upon my native soil they told me he was --dead !" "Oh, Hitty!" moaned May. "Poor child! poor child! - How did vou live through it all'? or wasn't it true ?" "It was not true, though they be lieved it was. 1 stood beside him when he died; I held his hand, and I promised to be true to him for ever, and to the love that time had only strengthened in my heart and in my life. He could not live with out me, he said. He had tried, but since his mother and Margaret had gone, and since I was lost to him for they told him I was married to an earl-he had longed to be 'where the wea. are at rest.' "Some time I will go with you where they are lying--the mother and her children back of the villa lawn, un+r the hemlocks. The villa is mine, you know. When I can no longer care for three mounds there, it shall be yours, if you will tend to them faithfully as I. I do not want the dear old place to fall into the bands of strangers." May attempted a reply, but the old lady silenced her by a wave of her hand; then, rising, she- swept majestically out of the room, and was seen no more that evening. "I s'iall never feel like jesting about old maids again,'" May said to her lover-"never in my life." And then, in the twilight, with her hand fast locked in his, and ith tears in her happy brown eyes, she repeated to him, as I to you, dear reader the story of Mehitabel Moore. Y. In11ouz. A TEXAS DICK T URPIN. THE END OF A BORDER DERPERADO HUNTED DOWN AND KITLED BY HIS BROTHER-IN-LAW. James C. Reed, one of the imost noted, aid atithe Aame- time Vmost reckless, highwaymen that ever played the role of Dick Turpin or Claude Duval in this country, met with a tragic end bysthe hands of his brother-in-law, John T. Morris, a few miles south of Paris, Texas. His body was brought into Paris at oiice by his slayer, -who demand ed a coroners investigation, and' gave the following statement at the inquest: "I came up with the deceased at Henry Russell's, about 20 miles northwest of Paris. We staid all night at Russell's. In the morning we started for Arkansas together. We traveled on until dinner time, when I proposed to stop and get dinner, to which he agreed.' We stopped at Mr. S. M. Harvey's for dinner. When dinner was ready we went out into the dining-room and sat down to the table. I got done eating before Reed and went back into the main room, and ex plained to Harvey, Reed's character, and asked him to assist me in his arrest, which he agreed to do. Mr. Harvey and I then went out to the horses where we took the pistols off of Reed's~ and my own horse. We then went to the dining-room where Reed was still eating. I said to Reed: 'Jim throw up your hands.' He said he would do so, but ran under the table, and raised up with the table and ran toward the door with the table in advance. I shot two holes through the table. After he dropped the table I shot him in the right side. He ran his band in his pocket to drawv a cylinder, as I thought. I shot at him four times, and bit him twice, once a scalping shot in the head and once in the right side. After be got out of the house he ran lip to me and grabbed me-my pis tol refusing to fire--and as he rushed against me I fell and and he fell too. I then called upon Mr. Harvecv to assist me in his ar rest, which hie did, and we thus secured him." Several other witnesses were ex mined who identified both Morris and Reed.. The sheriff of Lamar testified that the deceased was Reed, and that he knew him during the war as one of the Quantrell men. The verdict of the coroner's jury was in accordance with the above facts. After the inquest the body was encased in a metallic cof fin, and sent to the sheriff of Collin county for identification. Thus perished one of the most reckless, desperate and dangerously bad men that ever infested Texas or the Western States. Reed, at ~in early age, entered the gang of Quantrell.. Soon after the war he married a Miss Shirley, a highly educated and accomplished lady, it is said, but no influences seemed su.fficient to check his viciousness. We first hear of hina in California in 1870-71, wl-enit is stated, he robbed a man of, at large enm of money, 1eft the state, and caine to Texas, buying with his money a farm on Cook creek, Bosque county, where for a wh-e his gen erous manners won the esteem of his neighbors. Soon, however, ugly rumors floated through the neigh borhood, the stock disappeared in that section, and he drew around him the worst class of men, and his place became a rendezvous for horse thieves, and desperadoes from all sections. In February, 1873, Dick Cravey, living sixteen miles from Meridian, was called from his bed and murdered. Four men weie engaged in this cold blooded killing, for robbery alone. It has since been learned, that Jim and Sol Reed, his brother, were two of the four murderers. In August of the same year, these two brothers murdered a man named Wheeler. who had beeh a confederate of theirs, but had be come alarmed at the attitude as sumed toward the Reed gang by the citizens, and had disclosed some things, and for this, and to prevent further disclosures, his life was ta ken, and his tongue cut out. For this they were run from the county by a posse of citizens. Jim Reed then moved to Scyenne, and bought property, settling the same on his wife. He floated through the coun try, Always well mounted, some times in company with the Younger and James brothers, and other noted highwaymen. Many were the bold and daring robberies committed in the Indian Nation and elsewhere in which this: modern Dick Turpin figured, and, it seemed, like his. noted predeces sor, he was no less renowned in love than in arms.. In Februa.y, 1874, he fled with a young girl named Rosa MCComus to San An tonio, joining on his way three of his pals. These four worthies were Jim D. Reed, Cal. H. Carter, Jack Rogers from Bates County, and J. K.L Dickens of Vernon county, Mis souri. They rented a house, and all lived tog'etier in common as one household,~in San Antonio, the men frequenting, as a loafing place, Price's saloon, watching the banks and waiting for an opening. On the first of April, Dickens, with his wife and Rosa McComus, came to San Marcus, and on the day following they were joined by the other three .men, their diabolical plans having already been concoct ed. On Saturday the three men left town, and on the Tuesday eve ning following, the San Antonio stage was robbed two miles east of the Blanco in open daylight, and very near the residences of several farmers. They secured $1,080 in money, and watches and jewelry belonging to the passengers. A reward of $7,000 was offered by the former Governor for the apprehen sion of the two Reeds for the mur der of Wheeler, in Roscoe county. The citizens of Verrion county be ing apprised recently that the gang were in the county, turned out in force and pursued them some dis tance, until they formed a junction with the James and Younger bro ther., when they turned and in formed the citizens that they had better return home, as they (the outlaws) had no room nor food in camp for so large a crowd, being themselves on half rations, which kindly advice the citizens, well knowing their meih, :availed them selves 'of and 'left the field. The dead Reed has a mother, a sister and a brother, Marion Reed, in Vernon county, Mo., who are highly respected and worthy people. A $2,000 Po'r.-",He was nine teen years old, could talk like a law yer, and was the handsomest bird that ever lived." That was John Enright's descrip tion of his parrot in the Special Sessions yesterday. "How much is he worth ?" asked Justice Ledwith, desiring to fix the grade of crime of which Thom as Miller, accused of stealing the1 bird, was guilty. "Two thousand dollars," was the prompt reply.] Nothing could induce Mr. En right to lessen his valuation, and he was allowed to tell his story of1 the theft. Miller had with a hook and string, fished up the cage from where it dangled from a fourth-story window, and skurried away with it over the roofs. Mr. Enright, hear ing the cries of the sacred bird, hadchased the thief and caught him. Miller was sentenced to the penitentiary for three months. "if the cussed parrot had kept his mouth shut," he told the officer who escorted him to the Black Ma -ia, "I'd ha,ve been all right. He kept bellering out 'Hi! hi!' and 'Pol ly's a bully boy!' and wh4en I swor at him he only kejbit' sip31e louK er. It's my opinon That a parrot is ad-d poor thing to steal" - ENew York ,Sun. SCIENTIFIC AND CURIOUS FACTS. Snow is one of the many objects which absorb and are warmed by the solar heat. On a sunny day you may see the summits of the high Alps glistening with the water of liquefaction, while the air above and around the mountains may be many degree below the freezing point. The sane thing happens to tie snow upon your Louse-roof. The sun plays upon it, and melts it. The water trickles to the eaves, .id hangs in a drop. If the eaves are in the shade, or in declining sunshine, or the air intensely cold with a brilliant sun, the drop, in stead of falling, congeals. An infant icicle is formed. Other drops and Iriblets succeed, which both thick m it at the root and lengthen it. rhe drainage from the snow, after unshine is gone, continues to pro uce icicles until the flow of water .s stopped by the frost. In the Ilps, Dr. Tyndall tells us when the iquefaction is copious and the old intense, icicles grow to an mormous size. Over the edges mostly the southern edges) of the ,hasms, hangs a coping of snow, nd from ihis depend, like stalac ites, rows of transparent icicles, en, twenty, thirty feet long, con ;tituting one of the most beautiful eatures of the higher crevasses. But an icicle would be incompre. iensible if we did not know that he solar beams may pass through ;he air, and still leave it at an icy emperature. Hail is another form of water, thich we can not regard with in lifference when the heavens are elting us with solid missiles. I iave seen a whole city, covered ith stout red tiles, unroofed by a ingle hailstorm. What became of hie windows it is needless to state. 3aziers were in request for weeks tfterward. Like rain, hi is form d when two or more strata of ,ouds over lie one. another, but ith a diference in their respective ?hysical conditions. Hail is prodneed during tempests, when the temperature,. very high t the survace of the earth, de 3reases rapidly at loftier, altitudes. En that case the upper clouds con sist of icy particles, the middle stra :a of watery vesicles below the freez ng point and the lower strata >f vesicles above the freezing ?oint. Usually those clouds tray il in different directibns, and hail s produced when a conflict of >pposing winds compels a mixture f clouds of such different tempera ~ures. The rain drops resulting, nstantly frozen, have the time du -ing their fall to increase in size by ~he condensation of water on their urface, and not seldom by combi iation, to unite into large and de ~tractive haistones. The formation of hailstonss is al ays rapid. The clouds from which hey fall are never spread over a rey wide area. Sailing before the vind they pound and riddle strips >f land often less than a mile, and ~arey ten miles, wide, although the engths of the strips passed over is ~ometimes considerable. Hailstones iave been picked up weighing more ~han half a pound avoirdupois. In ome instances, this weight, on wedible authority, has been very nuch exceeded. On such occasions .t is not surprising that trees should >e stripped of their leaves and ranches, the larger animals muti ated, "the small deer" and game illed outright. The greater the levelopment of electricity in a temn est, the greater is the tendency >f a downfall of hail. Hail occurs rincipally in summer and in the Lternoon ; namely, under the me ~eorological conditions that have us. yeen mentioned-great heat at he surface of the soil, rapidly dim nishing higher up in the air, with trong cloud-evaporation under the etion of the sun. Nevertheless, as hie -simple conflict of an upper very ~od wind with a very hot one aised to the same lofty region, nay bring about the formation of 1ail, it sometimes fai. in winter, Ld sometimes in the night, but ~hose are the exceptions rather than ~he rule. As. water, during its metamor hosis into snow, assumes a beau iful star-like form, so does the dis ~ection of ice, by heat, prove that t possesses a similar structure. The architecture of the ice over ~vhich we skate is quite as wonder ul as the flowers of the snow. All ur lake ice is built of six rayed stars. wonderfully fnterlaced. To ee them, take a slab of pond ice, md place it in the path of concen tated sun-beam. But ice, and wa er are so optically alike, thiat uin-. le;sa thodlight fallgproperlyuipon the 8wr,30J&{{ inet .dteel them: Catching the rightingie of lii n~ation, from separate spots of the Lea 1ittle shining noints are seen to sparkle forth. Every one of those point is surrounded by a beautiful li qnid flower with six petals, laying in all cases parallel to the surface of freezing. The central spot is a va cuum. Ice swims on water be cause, bulk for bulk, it is lighter than water; so that when ice is melted it shrinks in size. The liquid flowers can not then occupy the whole space of the ice melted. A I little empty space is formed in the centre, or surface, which is very f sparkling. A COLORED COACKMANS IDEA OF CIVIL RIGHTS. C "Kurridge dis way-25 cents to t any part ob de city." This was the theme of a sable kackman at a recent public gather t ing. "Only 25 cents to any part ob de t city. Hab a kurridge, siah?"- f And thus be accosted every passing t gentleman. Presently a well-dressed, gentle manly appearing colored man came up, when all of a sudden the hack- t man ceased to'call out tle "quar- f ters." and turned so as not to look the gentleman in the face. "I would like a carriage," said the gentleman. No response. t "I would liketo ride to the Boody House," stepping nearer and speak ing louder. t "Sah ?" S "Is this a hack?" ."No, sah; it's a private kur ridge." t "Don't you carry passengers ?" t "SometimesI does, sah,and some times I don't sah," turning away again. "How much to drive me to the Boody ?" "Three dollars, sah !" But the gentleman got in, and seemed to display his face at the window as much as possible ,as they drove along the streets. But imagine the driver's disgust ed look when the gentleman helped himself out and handed a quarter for his fare, and, with a smile,:pass. t ed into the hotel. He was no other than Prof. Lar-C come, of Washington, whose life has been spent in teahing and in ef forts to elevate his race. ' ([Toledo Commercial. i GEMIS. Genius is the gold in the mine ; talent is the miner wbo works and brings it Out. Kindness is the golden chain by whieb society is bound togeth er. Ignorance gives a sort of eterni ty to prejudice and perpetuity toe error. To have ideas is to gather. To think is to weave them into gar lands. -. A man must stand erect, not be.i kept erect by others.. Without a rieb heart, wealtth is 1 an ogly beggar. While on the Peninsula during the war, an officer came across a a private belonging to one of the most predatory companies of the Irish Brigade, with the lifeless bodies oft a goose and hen, tied together bya the legs, dangling from his musket. "Where did you steal those, youa rascal ?" "Faith, I was marching along with Color-Sergeant Maguire, and the goose-bad~ cess to it! came out and hissed the American flag," "But the hen, sir; ho.w about the hen ?" "The Jan, sir, bless ye, was in bad company, and laying eggs for the ribbles."1 A Connecticut man who went West, intending to settle there, hast returned disgusted. He went as far as Kansas City and found 100 law yers there and the thermometer 115t degrees in the shade. The combi nation was too much for him, and 1 be came right home again. "Dear George," said an Indianapo lis young woman, "I am willing to marry you if we have to live on t bread and water." "Well," said the t enthusiastic George, "you fu.rnish the bread and Il skirmish around and find the water "i A lady wrote with a diamond on a< pane of glass: "God did at first make man upright; but he-" To which a gentleman added: "Most surely has continued so ; but* she-" . 1 An exchange says that a French inventor has taken out a patent for "stockings with garters attached." For our part we should prefer a hansome young lady attached. A Chiropodist announces on his business cards that he has "remov ed corns from several of the crown ed heads of Europe." Pure'white diinbg keinifare now datin for fashionable Hir rshe ih ui bxsn Harbuhswthm]cbxsi their coQver are teaetd ~ KOMESTEAD EXEMPTIONS. IMPORTANT DECISION OF TH STATE SUPREME COURT.-THE CHILDREN OF DECEASED PARENTS ENTITLED TO HOLD THE HO3ESTEAD IN PERP1E TUITY. The decision of the Supreme Court n reference to homestead reiaiuders, hich we publish below, is one of ,reat importance to every family_ in he State. It invplves the setting Lside of the homestead act of 1869, so ar as that act makes the homestead ubject to execution and sale by reditors of the dceased "head of the amily" when th eungest child comes if age. Judge Mackey, who render :d the decision in the court below rom which the appeal was taken, held hat the citizen takes the homestead xemption, not as an individual, but a his representative character as the 'head of a family." In other words,. hat the "head of a family" is within he intent and meaning of the coisti ution, simply the trustee and the amily the cestui qui trust-that as he individual is the unit of the fam ly, so the family is the unit of the 5tate, and the 'prime purpose. of the ioniestead clause in the constitution s to secure a "local habitation" for he family. Hen.ce to deprive the amily of tle homestead on the de ease of its natural protector violates he reason of the constitutional pro ision, and that, too, when the family nost needs its sheltering . protection. udge Mackey further held that the erm "exempt" in the constitution, as ;pplied to the homestead reservation, aeans in law, as in its etymology, utting off or perpetual reservation off he homestead from execution and ale for debt. The homestead, move ver, being in the nature'of agrant, rudge Mackey held that the conrtruc ion which gives the largest.privileges o the grantee, must be regarded as he true construction, whenever a loubt arises in the case from the terms f the statute. This is the ist'of the pinion of Judge Mackey, which has >een sustained by the unaniimous roice of the Suprede. Court. THE DECISION. 5UPREME- COURT-November Term, 1873.-S. McKeowen vs. J. S. Car ral et al.-Appeal from Court of Common Pleas for Chester,. Sixth Circuit. Mackey, C. J. Homestead Remainders. Opinion by Willard, A. J. (Moses, . J., and.Wright, J. J., concurring). Phe circuit judge having dismissed he complaint on complaint and an ~wer . lone, it is necessary for us to ~onsider whether upon the facts tated by the planitiff -is entitled to he relief demanded=.by him, or to ny relief whatever. The plaintiff claims to be the owner n fee of certain lands in the posses ion of the claimants. His title, as Lleged, was derived as purchaser at sheriffs sale, under a judgment re ~overed in 1859 against James Younge. ~Iargaret, the widow of the deceased udgment debtor, obtained the as ignment of a homestead in the pre nises in controversy on the 25th of )ctober, 1869. She died in 1872. Lhe defendant,'Agnes, the wife of J. 3. Carrol, the minor child of James Ld Margaret Younge, is now in the injoyment of the homestead. In January, 1872, after the assign nent of the homestead, the premises :overed by the homestead exemption jas sold at sheriffs sale, subject o the right of homestead, and pur-. based by the plaintiff. He alleges hat defendants are committiog waste >y the destruction of the timber, Lnd the answer does not deny such raste. The judgment dismissing the comn laint appears to have been based upon ,determination that the right acquired tider the assignment of the home tead and now held by the defendants, was in the nature of a fee simple, and hat accordingly waste could not be lleged. At the close of the appellant's ar unment, a question appears to be dis usssed affecting the validity of the >roceedings for the assignment of the iomestead, on the ground that such ,a assignment was ina violation of the ights secured by the judgment, and ended to impair the obligation of the ontract enforced by such judgment. 'his question cannot be made at the resent time. If the assignment of he homestead was for any reason in iolation of plaintiffs rights, advan age should have been taken of such act in a direct proceeding; it cannot >e considered collaterally, as sought > the plaiLtiff, in a suit to stay waste. Lhe plaintiffs case is placed by him ipon a purchase made subject to the wmestead right, and doubtless at a rice based on the assumption of the alidity of the homestead claims, and tecordingly he does not occupy a posi ion enabling hima to open the ques ion of the validity of the original as ignmnent. The first question that is presented s whether the plaintiff shows in him. elf an estate or interest in the lands f such a nature as to entitle him to 'estrain waste on the part of the de endants. His whole claim depends pcn the validity of the sheriffs sale Loder the judgment. The defendants laim to hold the premises in the right f the defendant, Agnes, as an estate n fee simple. On the other hand, he plaintiff claims to have acquired he fee unsler the sheriff's sale. The question then arises, did the ee of the lands pass to plaintiff under he sheriffs sale ? If not, are the de endants in a position to allege against he effect claimed for such sheriffs ~ale? At the time of the sale of the pine nises ini question, they were subjected o aright:of homestead, which we must issume to have been rightly assigned. lhe constitution declares that such ioiestead "shall be exempt from st ~achwlrut, levy or sale, on mesne or ra1 process issued from anye6r. [t is clear that this languagedliisi y forbids such exeutino fjaEne IADVERTISINC RATIESW Advertisements inserted at the rat of,$1.40O 75c. for each subsequent insertion. Double column advertsememtepw eent4ft ba& Notices of imeings, obituaries and tribute' or respect, same rates per squire asorIlT advertisements. Special notices in local colum- 20 Mt_ per line. . Advertisementg not mared -wftAteanm ber of insertions will- be, keft- fn,,,tM, frbid and charged acqqongly. Special cwflrti2odt wtpirjdyr tisers, with liberaldeducmius oap~ts ", If Done w'Ibish ta&63w.b Ter;s Fah cess as tha3t under. w4iich-.&e 7:;ti"" (Jaials. It is. equally r ta,a the plain~tiff --im,throuo4' r. tion of the law -alone, ajdjjcj fom any act of the parties, he,a_08i:_.~5 take that which the-, -law co.&~ him in virtueof th-vIl 'J iEw proceeding. Now. as,thefiftad is a part of the law, gov ~ 'r; force and effect of the.' - courts, it f9llows 'that .ta& constituion forbidscnnt ly obtained through the -b__Aee #~4~ process of. th-e *courts. 'l there is somnethingw'inl that although the land.~i2t~e'" sold, yet-a remMader6j. .4;eM~z~i expiration of the b esuj' eou1d:be-sold, 'tirw ntlab - fails to show,s~ iteh -' he alleges- asAe . the.... demand for reli&f:; ~ We must then-, ~ ~ ,~ ' forcing a judgmesV/~3 in 1WsPeVTrV--WhiCU--W. right is properly zse.euredj selling a remainder thereit possession after the. right of-hobnteaAd,d. the constitutiom. :, If'the constittionl I' 6xemptio6,' meinii,~oi then 'it is clear ta sell such a. remaiis Of its- ter ms.-TI6. a limited exeipdqn.i ed, such -as would isA the judgmeut-de'k&ift~e alome, it. would1be. ~-~___ ~ When I inished~m7