Daily Wabash Express, Volume 19, Terre Haute, Vigo County, 16 February 1870 — Page 4

Page PDF (13.18 MB)

Back to issue view

ft* 4*. fc?

Wednesday Morning, IFeb. 16,1870.

RAILROAD TIME TABLE.

TRUSS HABTR AND IXDIAXAFOLIS.

LSAVK. 12:00 hid.

4:15 r.

\k I-

tifcfc=d9BC23*'sS?:£ ,J\. BOCKVILLK zxtessios. Kt^r-RAVK. .wty'jj 15'a a .... .OUHwiS.

POST OFFICE UIRECTORY.

*t-s Ct-OR* »•, 3:10 p.*m 9:00 p. m..—

"onSundaysopon from&a.

Tho City and Vicinity.!

Benefit of EddiT Fox to-night, at

gF". Dowling Ilall.

net.

vms*«" tag

Thb

BS*

Theatre Comiqne is having good

holm, and give .on o- -i '*rft *s

beneficiary a ijII house.

Ohto Street.- less than ten years •M this sire will be buUt up with business blocks on each sJe, as far up as bi^.h si eet. At least, sucn a-e .he present indicafons. How we do grow!

Capt. Potter was stimmoned by one of our effie'ent policemen, on day be'ore yesterdav, (o appo.ir forthwith beOi'e the Mayor for vlolac.-.o.i of a city oidmance prohibiting K'chin? of horses lo shade •trees. He promptly obeyed he summons but when it was discovered that the^tree was dead and wouldn't throw a shade, .he suit was dismissed.

rkeep

Awnm%

A.RB1V1.

t.—Express...^./A.. .::i6:00 A. K.

ElTlrMSS

V-35P 5'

6:45 a. Mail-.. ..- 4 •&>*•»• 3:)0p. _Accomuiodati0ii...»...~ll%£*•• ST. LOU1*. ALTOS AXOTEBRR HACTK. ^MAVH. Z"1"11:101'. ExoroRS 11 :?,5 a. Mailan.l Express 12.oO*- V. 6:05 a. Lightning hxprc8S......12.n5 a. m. 4:&r. M„Mattoon aecommodation-io.io a. v.

KTAKSILIJR A!?D CRA1TP0RI3V1LLK. VR*

if^MA

DAILY MAILS. EastThrowb...»....-12:15P:m

5:20p.

Way-

„5:20 p.

:::.,.west....."

3 ^p:S:::::::v....Evais^iuc

4:45 p. 4:45p.

®"3Sfcffi368Ks

Post Offico opens at7:30 a. m. an os

.*/&***•••, J*

'THYsrc, for the most part, is nothing but the substitute for exerc'se and tem perance. So says the doc,or./

"IIU3 Me T'on-r" the name of the new jacket for ladies. ia intended to be worn with the "Kias Me .Quick bon

"iEjiER.Ws MrNsruELS are .booked for Dow'ing Hall on the evening of March 1st. Prof. fca-'n return* on ihe_21st for a season of s'i ngh.s.

Sheriff Stewart sent out h's'invita tiona yesterday io witness tbe execution of Stevens on Timon.dg.pe'

waited. I1' fos **CAM.at Bartle.t's and get one of (he most unique and convenient counting house calendars that has yet been brought out. He is giving them away.

I Dan Shelby returns to Dowling Hall th cveirng to give Eddie Fox a benefit. af er whlchlie goes to Evansville with his company. "We bespeak for the talented

V»

"'Tiie following is -said io be the reply one of our merchants received to .one of those li-.ile notes of "please remit:" "Yo'i say von tire holding to my. note yet. That is all right—perfectly Tight. Jtiist

holding on „o it, and if you find your hands slipping, spit on thpm .and try again. Ydurs affectionately.",

It has been proposed that the final ahd completfe ratification of the Fifteenth Amendment "be appropriately celebrated, not onTy°by the race whose wrfiiipTTWIl Tight, but by*sl£people of the country.—r It will ccrtainly mark a new era in the lwstory, of the land,when the last remnant fc"s of the old prescriptive days of slavery is I forever removed from the statute books.

Ti '«3E:

was »mpelted,'• the middle

!rday afternoon, to make up fnk Hall, for

fiv of yesterday and largei1 fl^at of Dowlin, Olive Logan's lecture, the arrangement ,v which has Jieretofore .been used -for the pale of seats being /ound too small, the i!sale of seats for this lccture has never been approached by anything in the lecB?v ture or amusement line in this city..

The Colored Citizens have arranged

,.it*1 for a mass meeting at the A. M. E. Church on Thursday evening, to which their friends in Lost Creek township are s.vv"^invited. An invitation is also cordially extended to the leading men df the Re-

C? publican party to be in attendance. An interesting and profitable meeting is anifticipatc"!. Remember, to-morrow evening.

The L\st Fashion.—Tern) Haute •frill soon have a new fashion. Paris hasintro'4 dncoil it, and of course the Prairie City rrf cMnno'. be behind the great millinery •:j'- headquarters of the world. And this new ,1m fashion is an oddity. After Eugenie went .«t! to Egypt,, her fair cheeks were browned to a beautiful nut color by the burning sun p- of the Nile. Singularly, too, the chestnut luic became an advantage. The Em-

press is nearly forty, and the bloom of her features has been robbed of its fr&shjt^ness. The marks of time that showed so plainly on the lily faee* were concealed 'v by theswarthy complexion, and the Empress resolved to continue the attraction. v|^"? So her cheeks since then have been colored a rich olive. All the ladies of the

Court followed suit, and the rest of Paris s'N fell into the same line. All the feminine Sv -^cheeks became dusky, and then brown beft JS*? came suddenly fashionable with the milliners and tradesmen generally. Dresses, onneU, cloaks, glomes, shoes, ribbons and all the^paraphrenalia of a woman's wardrobe assumed the imperial color.— ryvf^So it is now, and the color is traveling with the sun, towards this coantry. It

will be here before long: po our women Subscribers can jget rca ly for the new

-J: .^tyle.

So eavs tbe Journal.

backon Church. his be so, gonths' test to which he was subjected by the faith.'ul, before his wonderful powers of inediumship were revealed to the carious eyes—or rather ears—of the common rt"! r.'T people? C5 •S.*4w

how about that fodrl

Cancellation of. Siampsl^CoIlector MagiU-4ixa»- received instructions from Commissioner Delano, to, the effect that that owing to the atfen-nve frauds «mmittfed uponthe tfetebnO*.by washing, restoration, and rc-ase of «uch internal revenue adhesive stamp* as have been used aiid canceled By"fhe madhine known as the foi^n^impj Ht is ^ereby ordered ^ff#be& tJ*£t«pi£#hd |£er Mfif l, 1870, all adhesive stamps used upon the instruments, documents, writings, and papers, mentioned and described in Schedule B, of the Internal Revenue La^ shall be cancelled b^ the person ffixmg the^&e, fer'haf by writiiig upon each and every stamp in ink, the initials of his name, and the date (year, month, and day) upon which the same is used, or by cutting and cancelling with the machine called '"Wheeler's Patent Can eeller," or such other machine or instrument as may hereafter be prescribedi.•by-jSji^ Commissioner and that no other method of cancelling ftjch -stamps, employed on or after that date, shall be recognised as legal and sufficient, un tiJ^herwiae ifcelltibecl and -.ortfewd^K

"Girls."—As Immense Sale.—The .4le of seats for Olive Logan's lecture -e/i Fiiday evening, was commenced at nine o'clock yesterday morning and,at noon three hrindred seat»4rere taken^and by evening"-»ver-=^bur hundred. —"JJwepbefore has such] ifln Extraordinary sale been made—not even for Gough's lecture's, and the indications are that Dowling Hall will be packed to its utmost pff6)dng fc^jMicity. Tl^t ticket holders mav form some idea of the treat that is in store for them we select, the following notices.frqrp.tbe press: From thpltew ^fark Tribune.]

Olivk Logan's Lecture.—There was a mul titude at Steinway Hall Jast evening. Nearly bvery seat in the house was occupied. Tbe occasion was Miss Olive Logan's delirory_ of her third "lecture"—the subject being "Girls." "My forte is," said the loctmer, "to take tho world as I find it, and talk about it in a colloquial manner." Miss Logan's discourse was an excellent illustration of this •statomont. (Jut of abundant knowledge the iAindsutters itSeli with freodpni' and vigor. Miw £4giit «ovifft:ed ih4t» knfWl®dga, »and spoke ui a cnarmisigly familidr style, whicn :yet was full of serious, womanly dignity. It was naturally painful to hear Miss Logan declare that she loved Girls more than anything else in tho world but oven this assurance awoke sympathy in the manly bosom. At the outset, the lecturer touchQd playfully on the peculiarities of little girls, and the current of their education and, by her sweetness of manner, aroused? immediate sympathy.—

This charm hfeld the audience, fettered in roses, until tho last. -1... Miss Logan's descriptions are always bright, and her analysis of cbaractor is keeu ns steel. She soes character^ moreover^ in its relations to society arid thus her skotches of persons suggest comploto backgrounds of social grouping. There ..was a- preat deal of thought in the lecture, and Iheinflnetice of it will be, in the most praotical sonse, beneficial —for it teach'es common sense to .woman, in her viows and her condhct of life. Anecdotes —bright, humorous, and apposite---ga'* additional pungency to its frequent points From tho Philadelphia Press.] •'Decidedly the mostSuocessfnl of the 'SUr Loctures was the graceful effort of Olive Logan last night at the Academy of Musie. Her subject, 'Girls,' was treated with singular grace and talent. For over an hour and a half she held a vast audience fairly spellbound. Her style is thethighest finish of feTOftlC etooution, and her story a rare mingling of humor, goodsense and pathos. There was not a break in her rhetoric or in her argbment. She seemed to understand henelf as well as her subject, A manner of wonderful oaso and culture, aided by a voice mar velously flexible and musical, and gestures entirely natural, added immensely to the delight of her hearers. One realizes the difference between tho Woman ol .the Past and tbs Woman of tho Presont before such a spectacle. The mastery of the emotions is no* less marvellous lhan the mastery of great social and political questions. Wo are not listening to a more improvisatrico, who rhapsodixos from ^a favor.ed rain, nor., a^i actress •whWTepeatfrHhe phases of the poet. Olivo Logan is a woman of genius an earnest thinker, an enthusiast, a reformer, an^orator." \tY. J1U From the Cinciinat: Gazette.] "Tiik lkctvbk was .eminently successful Miss Logan's manftgrjisiyery intOTMting It is intonsely dramatic, and the sta^e tricks, to which she resorts, are jiovelties on the rostrura-jjod^keep^ftAt^tion^ her audienco constantv

}Tlieo,

Counc-

too, she is

good looking, and that goes very far with an audience. Of dress we can only say that we suppose it was of the latest style, bocause wo Saw a pictaro of one just like it in tho last numbor of Harper's Bazar."

'Hcense for Exhibitions. followingr, lettfir( from Attorney erfl WHKanAon,* ^"CoOniy^Adkll rei C. Rankin, explains itself:

ASrilbRN^Y ^rENER^i'8 O^FIC|,

M. C. Rankin, Terre Haute, Ind.: I am in the receipt of your note of thd 7th inst.,—contents noied. It is your offi* oial duty under the law to collect a license fee, from ever}* person, or company ex-» hibiting for pay any Caravan, Circusj rope or wire dancing, legerdemain, ventriloquism, puppet show, concerts, theatrical performance, or apy other..exhibition ol.what eyer .own&.<ar !d^cnption, whether by traveling or stationary troupei or troop3. individually or collectively.

This Bliitutc list 'embrtiee3 everything in the show line, that may be exhibited- for pay. It makes no difference what the custom or habits^ of officials may have been«- A circus exhibition within a«town comes witbin^iitierstatufe and you Ought to collect the license from such company, as though they were exhibiting under canvass.

T-he statute is so plain ihe^e^Ls no rotim for construction. ^"^Ilim tespectftilly,—

D.'W. y?ILLIAMSON, Attorney General.

Editor Express: Will you allow 'me a word upon a sentence in your issue of ta dayJL l?" 'progress- is the prder of the day with Beccher and his church, the last step" b^ng to do«way with the giood old

{orthodox

idea ofg Calvin that

ete'riiarptfnfclfment mlist pfltsife (lie lost." Without expressing an opinion as to the implication that this "idea" «is Calvin's, or that .doing it away is progress, I desire to corrcct an error into which 3*011, with some others, have fallen concerning the ^Feal point in controversy in Beecher's church. The question is not whether the doctrine of eternal punishment is true, for this Mr. Beecher and his church hold as firmly as the straightest orthodox. It is simply whether assent to this doctrine •uuLsome others shall be demanded as a condition of ohurch. membership. Mr. Beecher holds tlTat a man may be a Christian and yet not hold this doctrine. In this opinion many other most strenuous opposers of the doctrine of universal salvation agree with him. It is a growing conviction among the rhurche3 that the only condition of, church membership should be "credible evidence of Christian character." Yoa may readily see that omitting an article from the creed to which assent is required for admission to the church, because a man may disbelieve the doctrine contained in it and yet, in charity, be regarded as a Christian, is quite a different matter from doing "away with a good old orthodox idea." F.

FEB. 15,1865,

sA --v

8ec*ion.i %Trcs^i^ His Honor, Mayor Cookerly, presiding, and ConncL'men Myier JDow ling, Cox, OConnell, Scndder, Seebarger, Rockwell and Ma.toi. Absent, Coats and Fonts. v,yT

J. B. Haggeriy A Co. presented a petitu»l for a reduc^lon of taxen.? Referi^i' communicatidb from Dr. Patrick' r^ard jo a. lot in the cemetery "*ras prcpgented, and, on motion of Mr. Doi^linjg, the Soperintendent of the CUy Ceme ery was directed to comply with Dr. Patrick's requgft.

rrol.-,. communication fromlV J. A. Yrydagn in regard to reduction of tax wha Tefer

A communica'ion f-'om Michael Xiconar^ wyg, referred to he City Attorney I'l a -, beports.

ftfa&rDowlinftJjeom ^e fiw^attte®.oq Streets, reported in /avorTa^opagSW^ street fronu Chestnut street northward, and «i«^n|ed %dia£ram of ihe sireet to be 9p^nM. ^ofcurred in, and the City ^orney was d?»^«d'W p^epave nance for the same. *Mr.f?pskwellr om the Committee on Taxes, presented'sundry reports, which were concdr red in "'&£ Mattbx, -om the Committee on Gas, reporied back tbe gas bill, and rec^om igend^4 lUlo^anjp^ CMC^j^edjin,

Mr. Maltox, from t.Ke sameXommil that bids had been received for furnishing lamp" posts as follows*. .. i.

M£^ s&-i

Hager & Gilman, $22,75 Mcron

Elfresk&Bjurnard, $21.75: SuXouWroi 'Wonts, $15,00 0iraiDtion of^fr!i-CoTjnhe*CoiiMmtte®»i'Moftid'be-yaiwjf1 was instructed tO^Cr tl^q^ract to a home manufacturer, if it would be iaken at twenty percent, over tlie_^ bid of the St. Isouis firmt s^tijrt»fco»mitt a report in regard to licensing drays and other vehicles, and.^pr^nt^te an ordin ance, which was adop- e£j resolutions. ^l^^entedJiefo^oWiniVW-

tions: Resolved, As the opinion of this Council, that an organization.^ th,e Terre Halite fend, Bloomington*Rliilro£*d Cc^ii pany should be effected without delay, in order to secure a more active interest in the rner^ine^flfece^ary to secrire its final success, "With the understanding that no money .should be Expended till the full, silm Of $300,000, itl goojl solvent sub-, fecription, shall be^first obtained, ft 1

Resolved. That this Oouncii have no interest in that organization,, excenMjiat, jgood s^fe' and prudent njen shtvll be. chosen as Directors,, afld that ^its officers shall be men of energy, capacity and integrity by whom the, meita3 of the city and other stockholders shaU be properly

eX^

That if fbtere be impr^pef.^de-

lays, endangering, the* final' buildirtg' 6f this road, the City Council frill not interpose such delay to hazard enterprise so deeply effecting the1 interests bf Terre Haute.

Resolved/, That the pi:_y ,Councj I, by»on« of iis1 members, will profai^tly meetl tW other subscribers for the purpose of an organization and to give shape an^ Wprking interest to said proposed J$&ilroad Company.

Mr. Dowling offered the following amendment to the above, which wa# accepted by Mr. Cox:

Resolved, That this Council, as the representatives of the people of the city, whose money is proposed to_ be invested in the proposed railroad, claim no power or authority to organise the corpoiation except on the principles of fairness, and with reference to the -capacity, integrity, and ability of those who shall manage it and this Council repels all Charges, by whomsoever made, that there is anjr dis posftiop to organize the road otf aw*System not consistent with th6 most fiberal and sincer^HttpeCt for. all itefitockholdere or subscribers.

Resolved, That tne.rwusal of the person holding the original subscription paper to place the same id the hands of pis Honor the MayoQ#o be jped^r^ajRgitimate and temporary.purpgee, after being requested lo do so by a resfolution of the CounciL manifest^d.a want of^cftnMence in the ci.y" authorities which would have been more keenly fiJWif tBfe refusal came from any ptlier qugrter.- ,^

The resolu tions, as anfended, were adopted by the following vote: Ayes—Cox, Dowling, ^Uer, q^naell, Epdwell, Scuader, and Seebuge Ifay—Matto:.

hibiting th^ use gf fences,'|pmp-posts, &c.,

Ordinances: l^ajrt^if l^srchjyai, *City ^sesaat, re-, ported Robert King as his assistant^ The appointaie'nt was confirmed.

Sen^y ^Sensix^gb^ink offei®f*lOT ser' vices ft)t' removingi dead afiimals at $60 year. Referred to -Committee on Streets and Bridges.

Tl). UV)

JP«hK»'.»t»fJgi

ew trial grantsO.

Stevens vs. The State—Appeal from Vigo 0iminal Court.

GregorYj. J.—Tljp appe_ icted inf" ue first di jr," and _was tri^ by

tornej, the Court inst

The defendant .Risked,

rjf

JBdntratet for &aldnjr street lamM Maa awarded Cha~les M. Smith, at $6.0Cf eadh. Mr. J)owling

ofib:tidA

the following

wjnth wa^ concurred in: Resolved, That the Street Commissioner bfe directed io anake a iconirajSt for building the foot b'idges now or hereafter ordered, if the same can be obtained cheaper than under the present system of constructing'the same, and that he proceed to act under this resolution, if lie can save expenses.

After allowing and referring sundry bills the Council adjourned.

Mayor's Coort.-^—On yesterday a man named Green, a very proper name, had his wife ar -esfed and brought before the Mayor for whipping him. His Honor after hearing his story, discharged the woman, deeming her justified in inflicting the punishment!

Five cases of fighting and quarreling were docketed. The irrepressible "Coon" Gibson waB again up for being drunk and disorderly. She was fined $18, and failing to pay was sent to jail. r'

"None as Good as Dooley's." "Don't wish for better." "Better than any other we have usedi" "Like it much." '"Can't speak too highly of it." "There can be no fault found with it." "Can testify to its superiority." "Don't use any other. These area few quotations from the hundreds of testimonials in favor of Dooley'8 BaRing Powder, which is the only chemically pure, harmless^ healthy and nutritious article of the kind in market. For sale by grocers. fobl6d-lw

Old 2Etna of Hartford Fire Insurance Company—Assets $5,549,504 97. Haoer & McKeen, 16,d4w Agents, Dowling Hall.

was in-

ot Verdict

dence as insanity was slight, bat snffi-

tri^l^ifi^^

_pon alleged errors of law occurring at jOe trial, in the instructions of the Court

"ii order to excuse a nTan lfcr killin^" another on the ground of insanity^ it must appear to the satisfaction of the jury that he was either absolutel^^WP |j| the^

or that he was laboring under some form of monomania by which he was bly#mBeilfil^'^wwn^b^wJJ/^he omani® Itfasrw •ing} jor if is monomania upon tome outer subject, it does not excuse a killing."

a"d

BfNIIBIW W lAwofewjiRifeip

"Jn order to excuse a man for the commigS%i of a crime dh.#h«^ground of mo| n||, it must appear (hat the mo ition to tfy pafffcSfficoram it was mdnmftoffiitt uportVny other jeet it would be no excuse." "When a man kills- another,. without having any previous indications of insanity, and afKSNfirffls' sb 4cts ih to ap^tf &iBa^e, the jury should consider this fact to determiner whether insanity is* not lated or pretended, and if they .find that it Was pretended,'i^flhbnM iotWgh anything in their decision of the question of

thing guilt or innocence." /, 7'.''.',,,.' It is claimed that the paMs of,th»g^-, struct ions italicized are erroneous.

At the,request of^he defendant the ji^rv wertf -in^rfected, that "if thtey bfeHk^ed, from the evident^, that When the prfeoner committed the act charged in the indicthe,mm -laboring under aJOKiwpU^ ible and uncontrftfiabre meniardcinsiflir impelling him do said act, that he was at the iime of the perpetration of said killing ill lochia- ^ateiof Jafci^X^^Jbe unable to control his will and his actions

mur-

d*he is

der cha consequent ly"ferititied to a ict of not guilty.

that at the time of committing* the act charged in the indictment, the prisoner was wvedc «h«et®% controlling his will and his judgment, an impulse too powerful for him to resist,and said insarf^iJ^lap'^^^mWP# physical or moral, or from both combin-. ed, not voluntarily induced by himself^ und&i' stich JcirduMstknoawthi jnry^4tuunot, find the defendant guilty as charged."

sion of and if the evidence shows that the prisoner, at the time o£ the commission ofthe act, was bbt' oT^ncTnliTi^Iltlloiifch the^ury may believe he hwlf judgment and reason 8u4ci€$tjf4. j£scrani^|te iri§ht and wrong in the ordinary affaire of- life, fly». t,iyie of the coimflisgion ofthe offence, they c^nnot findj^ita guilty/f&u^ 'The fcourt refused to give the. instruc-

UU1CTC).

that thi

MISCELLANEOUS. preotnted 911 ortHna^M P"0'

c3efend4nt

knew the diffikrence

between right and wrong,.in respect to. the a& in qnestioni if he was, conacious that irtch ^ct was one "Which ought not to do, and if that act wasf'-atj' thejSs|«ne ti^iri contrary to the law of the State, then h' ia respoAsible for his acts."

It is undoubtedly, the' law, aa chargftd' by tHe court below, that if the defendant jBaa.vmoxed a&t by ^n jnpg^jffl pulse controlling his will and his judgment, then he was not guilty of the crime chargSEti «And" tta^. defefldjUtHf* was monomaniac, on'any subject, it was who! ly immatei^l'RipiSi J*ih^[subject, sc that the insane impulse lead to the ajmmissionjof the act. It is claimed ihat

Buf if this ease turned upon that question, I should hesitate.to determine that a jury- might not have been misled by instruction^ jibout the mdsning of which there is a difference of opinion an\ong the members of this court.

It is claimed that the coqrt erred in the instruction in reference to. simulating insanity, after the commission of the act, in assuming that the defendant hadgiven no previous, indications of insanity. There was some evidence of previous indications of insanity, but we dp jiot «ix--derstand the instruction t# making any such assumption. The instruction may not, have been applicable to the _case made and may have mislead the jury. But a majority of the court-are clear that the court below, erred in giving the qualification to the instruction asked by the defendant. The statute-provides t^a* "if any person*of wund fntiK^shall, purposely and with premeditated malice, kill any human beihg, Sudh iJerton Shall 4e deemed guilty of murder in the first degree,, (2 Giwd 435 2 2.) The XegiidAture haVe defmed'tbe meaning of the expression "persons of unsound mind." It tbnt. Uiii: nhrase "shah berta-

14 provided that th\s phrase "shah bfsta ken to mean any idiot, non compos, lunatic. monomaniac or distracted person,' (fc & arid Hpp 57*4 H.) .MJia

these extremes, in the cases of partiaiia

SS"5^SSdffef&£iibi^fd" membenng, reasoning jpdgiiifcarso perverted, oy insane dSelosion, A 2 act ^t^^ori=au» b.1

dastard it, isthisjamanknotto he ex- ""ethis

By-and reapon Sufficient, him to distinguiah betS^_xight»^Md wrong as to tho particular act he Msthen doing a knowledge and consciousness that

tovmklOfit knowledge Jo Auigp£caw,and

acoordin clear, an

ticafflictipijjs,.orif nebecomes^BOon,ac-

feelings—in either case his moral sense is only affected by the cause of his disease fthat is, he'Js pnl^excused fyDfi the missionr.of craniej advM'yg. he uhder tne irreswtible %iflnieBCe monomania under which he bOrin^ il ani if, although^ rafeoHto 8a|itfkfrs shall loll a man wiih premeditation, malu otnd purpose, he would be without excuse,

or ^oduct of ^ental K#sea^ji^,the4 de^

indant Uuit ^either5 thp Cel o^feaxe*M right and Wrong, lioiv

or cunn killing,

Judgm%rit Vretfdrs6d, ^&asd*rtAanded. 'With direcHdns to grantanew trial and .for fii^ther proceedings/,

Elliott, wasabsent:

nt the proper

time, the following instructions, that, "if the jury entertain a reasonable doubt as to the sOuhdness of the mind^onthfE prisoner, at the time of the commission of the homicide charged, lie is entitled to the benefit of that doubt, as he would be to the benefit of a doubt as tp any othei material fact in the case it being,.Wider the statute of this State, a necessary

^ee?H^^1ouf^)u^fc^rl^^

ially tbose surroBii&^i&igour beautiful public square the new Court House, and

been alj&fc ihrnWA

is poirit, giv(^% -ce of ihe' Stafe's

[be^in9t&dSt>ns ast 4h*e^co%rt*, at the 11 Attorney, were calculated to ^mislead the jury, -and twhLjneidb&sVQfi this court are of that opinion. It is clear that the instruction h^iv6 beenJMjt in bette^ form, but I have no doubt, tnSt they are tofrectiaw as they were intended^ the eofiit to be understood, and particularly as explained -by the court-in the instruct tions asked by the defendant.

Sec, 2. ThatpffSnyT»CT8on or persons *WhbshalT wiihin the city of Terre Haute, keep any table or tables commonly called

A C, farobank, roulette, equality, billiard table or tables, nine or ten pin alleyj JbQwlinzjjaloon, caijs, chuckerluck, ^ot W.q. h& piiWic^§iflJJable, or. device ofany kind wbatever, at, or u{Kn which any game of jQhance shall be. played for money 6i property oi article pf value, or shall keep any bank or table as aforesaid^ tit induce 'OKpenbU''any person or porlons to 'b£f U'ptfn or "agairtST said table, bank, or device, shall be deemed guilty of a violation of this ordinance, and shall, upoir«onviciioni4& fiq$l irifaggsiim not exceeding fifty dollars, snd costs for each

ffE&'Si ^Tfiat^i# shaUsbeaih^luty 'of the Marshal, or his deputies, or policemen, to enter any ^such,. premises where such gaming table, b'ank, alley, or saloon ^^eptfAntLfl^llfOipQa view^aCaty«Jtio' lation of this ordinance, arrest all persons found engig^iif tiwmg. dr aiding and abetting therein, and forthwith take them •before the Mayor of said cuy to be dealt to IaW,

with-hecoidSa^

The great difficulty has been in cases of -J' partial insanity to fix 'the etyadard of Ornithology, criminal responsibility. ^The leadinr case, in this country, is the Common*

im*®r.

5 W%0i

fo^recolleet^ others,

and in which other* stand to him that th^ act he is doing is contrary to the plain dictates of justice and right, ityurio«a taothers, ana a violation of the dictates of dnty. On the contrary, although he mav be laboring under partial insanity, if lie still understands tne nature and iracter o^^^^^and ^^com^^cw

ial insanity is not au'fficient to exempt 'rowMMHiliW

As ire understand this charge, it does not go the length of fixing the tot "of a j-nnwlfl»rt nf I1 ffKlaiul Wrflntf |i rMOir*

ftWKty'tym^iay nonuaiiit'

ances, or to iatot.-Vfitraa^fc business, or manage aSTir^rfiaie?^ law a test of mental disease but that all sympf$ind all|t£ste of mlntil disa ely mattefp If fact tdi ftejpeteriDfl ument that leai

146

go this lens

|^In a^criminal case,^c^y musi^^^ Med b^a^^ ^sg^Wlu^, the defendanta mental capacityro commit |he crime charged. .This" is bpt the aff pli^t^ofUheJ Meral the criminal intent must be proved, as well a-«tte^«cta that, frHhantfa-ia»Kible mind, such' intenf cannbt exSstJHw^ory

mww

and act

lie charge is by ho means

we think that it is not entitled it

in the Commonieealth ts. ^American Law Review for Janu

ary, 1870, p. 210)—thus,, "'ihat the true test lies in the word power. Has the de-

rifdife fFonTrwrflUK.'lan

the wrong? Has the defendant, in addiion 4o the capacities mentioned, the

^easam^r noWiijg that thecjtorge IsilhewSwfe v&. Pike—(see American Law Review for Janu^^,,

SlMl

Idea that them pnable, CondUigiB-'ai' ^0. b^ 'B^able of fiving. a juilty character. to_th&.act. 'he wifl^^w ifot jdhr%ftfi the^aAt'iml jth^rpis no^nilt, tbeitcS^i ^ipebted jor performed by a defective or vitiated. P:noedtiqding. '^b Sr ll-'#-t»e^n%ctS nderme ihffnenoe-©r mental di»«i!«^*he fisinot-accountable.j fJ s-y.^rrrfw I We wish, ittthis:caM, t0 W! understood aS simply holding that the qaaiificatipnfof ,the instructlkto, Ksktd^ ky thrdefendant, iwas not law, and for this reason thir CoUrt' ibeKw bught 'ta^ha^e grtmted the defends janta ftew*traJfli •.

oi *l»i wh—g tid#'n^w:«buM^ HM oii tiM «f UM Ni|kt fcatM— Iffllsotf* C—k-JN* Aw

Crom KeH.iWi^a^oaliYaPtjyUii

y^t the hardcUM and ex of HBT pHrM «o ttinA. i^ whWttar Wltotewrs

|P*eee»^sea*a8 iy place in the elose rank it AtoH'di»an4.i

'i- AnOritMiWi is gn' )"ying to know ihat our worffiy Mayor, with his vigilan| ^nd zealous police, are.readfilat a3L times without respect to pe'sbrts, race ot ccttor^ to enforce the wise, necessary and healthful ordinanceoftbe c^y. No ordinancew mo?e prepeVaSd'rlght than the 'drfe d^igftated

made, on 'hgjP^ce. ^jP1"0110?1" ly ordering outa wrif^ainsntratizenfor hi^g^is totbe^tf d^Jjee^ front ofthe well-known northwest corner of OtiVatod Fbn Ah M^eetsi^-Had tlie tree

C0Bt

that citizen a full and costs—and it WSuld ^e'Mfen'

our worthv Mayor and Chief of Police pMhybe|pllbiy|!tt dIMncfc MJfes-

bee.i overlooked oi got covered up somewbeie. P. In acco.dance with the above request

we. grlntHfe lste'^d, and 3rd sections

AN ORDINANCE IN1RELATION TO GAMING Sec. 1. Be it ordained by the Comnum Council of the City of Ten llaute, That all buildings, sheds, cellars, booths, or Oily* pljUK^thih ^e^tsj^e^ppra^op used or occupied for the purpose or gaming, or in which games of hazard may be played for mondy," W other article or property of value, are hereby declared to be public nuisancer and the. ownea-s or oc«upiers df any su£ljr\ buildih^r :jpther place, who shall suffer or petmit any gaming in such building, shed, cellar, booth, or other-place, shall upon convic(ion, forfeit and pay any sum not exceeding fiuy dollars, and costs of sui^foi^ch ofience. tt

^Stpffed Birds at Auc-

Therejs now on exhibition, at.No. fl-28outh 4th street next door to Hay-

and foreign s\c5ed' birds, arranged under French glass shades, forming the most el4Mt dnrl^ ]tfi|#nen^pvgf ,*«|nfd for sale in this city. Our citizens, especially, K1&

ctwed from responsibility, if he has «»jwp ..IradrsJl# jrjQag^fterxt.i. And reason Sufficient to ebaWe noons^at 2, and eveninssjit 7*i'clcck.

nr|

Vk y.

UM»( 15-3t,

rWABD Aacttoneer*

•*lrf c*rlr

rsWe

%rpS you, rca^e^' that pr. Wonderful", of ^ft^djwtwre ed iiwiedjf thafewrtefe ali diM^eairo^mind, body or 4ta& and sdesigned lolnake^ our «ib-_

hleh'Sttven itself eba'Mft

ascured

UMOnndalof ltl^o^w forms ind the jtopriel wiU I^JSM'toV a case of this loathsome disease that he caQnot enre. "R may be prc^ cpred bym '|1 foysixly. cen^s, byadd'^gs«ng ^e-ce, M. D. Buflafo^N. If. Sold'hy druggists.

Br: Pie-ce's Alt. K*t. or Gkddc" Medi-. cal" Discovei'y cures Rronchial, Throat ^id-^ung di -«ascs.

.« 4iv ftutT -'i S W W id «8ftirf Richiiig^^-ne^ Rpring jttyk^ jftst received at G?^jvc

j8.'

j.Mx win ,-•.»« -n

Assistant Agsessorfe Hotteej—The u»-der-igned Asslsfant Assesso "ff of Iritc^iar Revenue foe this Cpun'y^ liave received thfe jfliopeF blanRfl^pon Which^ho Iiieoine returns j^e^to" b^wade out] and at^'^ow -««a» .fcMK*!* r^dy-tpcUs. pij.e them. .a-1

As'by'Section 118 of the Exc'sftLaw ofc

mn«3

turns must he maJe^it l)v all pets lawful age, on or Vefo "the ^"St., day of Bfagpb^iU l^arfife Ooifce-iSed are urjjently requested to/take note«f this *and make their return. proinp(lv.T

JMi'RED,

Ui 51

=»?», a Hagb^ &'McKeEN, h^erdiw4/3 "y Agents, Dowling HallX-

CloTcr Seed—At Turner Buntin'sj *. corner ,7th and Main streets.

A. Lot of^Lacc Collars and Handker ichiefs real cheap at O. Wittig &Co'si, No. Main St., De'ming block.

Before the People Again—Humaston's famous BrandJbT/Ham9,

••'Cf.1 Wittig A Co., sell all their wint«r goods at exact none, vis Shawls, Furs, Blai^t^S^vrlivSkir^ii and, wool hosiery* eu^x|i No. 170 Maii^t., Burning 'Tblwslr.'

alentines.- A large a^ortiieniT 'of gigniitnentai aM ^kjtnic Valentines, six handled diffsrentrfiinds, vei^v cheap^ai Pcetoffice Book8tore»0^, »1 "H'T—5:1 TI -I- ., i" .tmr ^"1H ^e hack imifthCTS 'of',')Ifew York We«ikly-, Xjedger and^Satur^ay ^ight on hand' wid/pC 1 0

The getHrflie "Golden O^n/^ ^Fal•ta^^^it«^»an^B» Cigars, s^e

at the Postoffice News Depot. ^d0,d6t" I -a, -PA •, a tl dig..

iToa Yatrt still flndj thw beil" 2&' cent. Switch at Her* & AiBM^dife

Machlncs sold on -monthly paymeatB at Laiwrenc&'ik Na. S3'Main street''' i' sir *l" -i Hi« nfi

Hctr Attachmente for rtie Singer at Lawrence's 83 Ma*n streeti#jrii*- -1- -11-it '•1

Gfoofc at Setz'Jk ATriold'dKj.K]

Jnst deceived at Hera & Annold's Skirt Jfaciory the^ic^t paltei% in Jj^t Jew'elt'y that were ever seen in the city

w's i'to rf','. aJ

ChcaD Goods at Herz A Arnold's. t- a.j•• «. Iff Uo^me. Insurance, CotapanyJofNew York—assets $4,516,368 46". f' 7dtf HosFOffD & BitjirtSOif, Aj&pts.

^Homc Insnrance Company, o/\New York—assets $4,516,368 46. 7dtf Ho8For»& Boudinot, Agents

'Jet- Jewelry, new and fashionable, at John R. I^reeman*s.. Wtf Tailors

Shoemakers' ^afid others will

find a good' stojpTy tff Thread and Silk at Singer offiqe, fe jdain stroetu

^Clocks.—A 'full assortment vt ^fth Thomas jClocd.1^ at, Jo Jin Freeman No. 5 Warren Block. ,2Sdtf

Wants, Ac. Advertisements ol "wdnts' "for sale "lost,"'? "found," etc., will be insertted in the Daily Exprbss for weuty-five cents^^ ,* r.

The first Maple Sugar in the market at G. I. Ripleyfe. 'w\M

$5.o0, 95.50.—Best, brands, white wheat- $^V.50perbarral deliveredi free ail vwhere in the city at Turner & BuntiqlSj. corner Seventh and Main

ffiUj I

street.

MondK

MondM & ly. Wh

M. V. Moudy, Wholesale an

merican

bwdbnis^ hlfvereifnoved 'ihel^akbroom to National House Block on Sixth street opposite Postoffice, where all our old, as well as new customers will- lie cheerfilly received. In our new riffle wa always h^je something new tp fihow our customrs. "J3|ur stock consists of many little sitofething to* amuse oar chewers, smokers a ad -lotikers-on. Our stock of Plug, Smoking aud Finecut tobaefco, Smokers' articles, Tobacco

please give us a call.

jftrw a tanuh m.- twy mm fi'ifw uiU gt.vUrt K»ni|j*|r i-T^teawettlMt tlie UMiee to buy Ho«| Sk*rta|]s'

stem ^irittii

''MAM

Enilie aiililrltt Cfriwto.yrewch i"Ol»^MWi! Ill '(lw|l »*€IS^ rittig «iijM^jmiiMi"8

[illi ••'tm mmiAfcdrf

Sewiaff Machlne'ror 125,-Mr. J. 8. rolillUlle^^ab ^adeeye ShutHe Btwing MsaMne, which

il'soH i£T'tire ren^kal^^w Iwatfy-Fwc Douar*^. JL.sanmliL yaune ay be seen at Mtdi Fourth 9 ij

Jlr.-If Have anythi

i(l#

i'VNabob Bows.'*—Anotherlot of choice Btylcsjdst received by Es^reMr nt'OrOi

#ad B^w^arge and al

jractive stock at Grover's.

ormal SchooJ Sta-

itio take Normal School students as board-

A. Jones^a written statei nee, strdBE^oSEMniMirt%r5lce elusive of fuel andligh jihclodingJ^^d l^hts^l^iW isuAiy can be acc(MmRdfited whether young ladies

washing aQjifc inMQja^ |^Fh0ier they liave rooms suitable for{ cl^b bos«|ipg, mduLmHeckft,Qfjt^e-

tWib A. Jokes*

Febll-dlw. Pres. Normal Schools

you want anythi:

?res^Pi

if you

anything you want to

rid of if

^ou havfe^ost or found anylhifr want to doanyt^ig or want anything done for -tou, advertiMMn the 25,cen#0«if&mn of the

Expre^ j^is the j^st adVftrtisemfnt foi^anihavft ior the

100"dozen 9$

and$€hatelaja Braife^ju Hen &

Switches

u^Buij^ io^Sie-tiS

&c^at tfce

Ud ^HlO^eS fii alibsiiades at fi I

r. *4 ft

Hom^, lie

vrance iSoii 54,516,3^ 4 JERI & ^ijl)

iYoiJc—sea

All tho

and Cuffe ^t

W. StOECItER.

*%ATHl^ltL ALCEN. "9 Assistant Assessors.^ i»*

fl.edtf./

Old Mna 'of Hartford Fire Insurance KjompanyTT-Aesets $5,549,504 97.

The j|est Brands of Steam Bakery.

C3V Stjl«§ erz & Arno.

«n Col

it Union

TfBlIBi "ffBTfflrCBfffill! iiii-'nusiissr Herz & Arnold's. S-f.

Home- IasiirhQCQ Cpmpany, of New 'York—assets $4,516,8(^3 4K. 7dtf Hosfobt & B^trDiNO ''. Agents. -ijt i.u/»

PRinriyo.—If ^ou want, any .kind of printing done,'db&e to tHLAffici and look :at the. specimens we are daily turning

3itgu-

Steaq%^^j®y^jmi «'j« jjuiw vtv

ndi] erzfiMf^

cenra at

•4to8t^o3|c*1^iS$8lhlates fjom. all

in the use of of Lazarus &

SOCIET^ MEETINCS

I- O. O. F.-»V«id •BwcampKkst, No. 17. dlHriS** Wednesday evonixftr, Febrawy 16th, 1870, at seven o'clock, stated meeting of

Vitc}?En.eaniptn^nt No^ 1^,1.0. II. IlKYroTi*, Sc*?be

HEW ADVERTISEMENTS. 11Ptiyiiif'riiiBiiiMi——nai—mwhwhw IHI

OTICE.

.*•

iEeamHiMi

OJILt

Co^,for 75

^Fresh Lemtfti-~Cream at t£e Union Steam Bakery. ,,, ., !'. "J.,1 Li'Jl.a IWi r„Home Insurance Comp%fl^^. NeV •Yotk—j»ett^4,516,368 46f »sVdtf»iH*K®oRD ABoddhjot Agents ^tif' -1 iT I Si li-ij. nir, vt -i »si Mnimn tvea ,tme 111 Laccs, Edgings, Embroiae»J% fk^»JhArDdd\rtnt^|j^bettef^«ui|i|ic .m,?nts .tjan any, other hogse^mt^c cit^ yi-^ .w.-, ^/l^t qw^tyof msh.J^af« T»f ail kinas at my stand cbrneiuttxth and Ohio stfeebJ^*teo' iresli Ohio"* Pork Saustge

Per ted Spectacle" only by S.- R, near corner of Shrfh

in, 161 Main, near corner erf Si*l JCAKOXTA^itf

AriGriferifh, Cold in Ua. Jif Breath, Pain in-the Eycsr and in Tact, all Hornpliints of the Npse^nd.Iieat}, can be completely cured by the use of Rctcder'* QeilmanSnuf. Thfi akiele is «ne«of great mexit, and is even recommended'lry some

continence in its merits ap a cuts above complailSts."DTi1/ it, y"6 4ft icted, it costllbut!85 Cents ahdHfill d(? yOu good^

all dru

For sale.,. ^Ira'PR. dec8-dtf

rx,

Take ntftieo that the -uladersighed persons and oorppnvtions.'Wfcnejs'of' the Knl Kstatfe below described," hmro iefitioiiM- tho Board of County Comuiissidnors'of Vigo county, at the next'gftting of said Board, vo vacate the following Streets atjd Alloys in Nipper* and Evttfis' sub-divlsioirbf-BSiftres ofthe w^4 soJ4 Section 27, Town lffhorth of ItanmO west ujd county, adjoining tho city ot 'lcrre llaute, -^tyjWHWVgitgWH"WlHliMU SffMtrlnMwii

Wl.'lSifc li tween the lilooks aforesaid also tho Alley mnniiur i\rthj«nd South through Blocks 1, G, ar.dJX ^AjLj CRA"^B1.

A 1 WKBS'TSVlfflO IKON fO. v. NIPPKRT. A1UKBAV BIUGGfif,

Jlaardian of fiTiuibcth asd Martha Evaaf. Of# ,,

BACOXhllAQON! A sieo lot of Bacon, 2utar-3pi$d. llains. Shoulders ahd Sides, fbr sale at

A, E. REIMAN'S. .'

feMSdlm h-? Mai»street, hetwftth. and Oth.

At A. CH. BEIMAWS, h\i% tfain streee«a»et 8tfaa*d$th.

DIVIDEND

•€emQusi#

rmiit

ti ilfom' the |»it:U»S -it Tcrir lUuto •ttto Htt| |ta£S of#mu*meat knfwa

€o»i*i» Wt

I ,taMtiVfreheanal.*

no and r« »r

Wtmo LADIES,

Oft^e

IMrisfon,

of* .J

t/ocoiiijQi&te Engineers!

To,beheld at *-h

'P ifATJ^' I

OS CESTUI

jpHf^AP.ENO XJOHI.

no. you ^want help? ^liwinaMctu Bxruicsfi.

DO TOU WANT A. HOUSE?

ind Spice^ at? die

JOVSBTlSB tN THVKXPRESS.

Do Tom Want to Boy or Sell? ADTERTI5t8 I* THB KXI'RKSS. -f irH«

Haro Ton Property fbr ^ale? ADTEBTISK 15 THK KXPBESS.

TllE ^TXPltESS having' the largest homo circulation, is the best medium to secure jronr wants by advertising. We now put. ratt^' so low 'that there is no excuse for not making known your wants. Advertycmcnts cf Houses 'Mfanted," "Jor Saie" and "For kent," "Help Wanted," "Booms to Let," ''Sitaatyftn Wanted," "Property for Sale," '}^)ardlngy" "Lost," "Found," "Strayed,"

^'^yorsonal,'* &6., Will be injertod

~'M 'item a bat-i •. -*-1 -i .These terms are api»UcabL»to allalrertiaP mSnts- of the above class, of fiva lines and -.a* •_ i-k/

HaY^^oja Houses ar^Rbonis iSir u# :iut.Rent)''ajbTMffBne:ErnlB

»^Q&LT 25 CENTS A DAY*-

Parties wislki&g- t* advertise in tho PR£SS« and living, at a distanco-from thi» oflfee, eait inclose.their advertisemont ia an fe envelope, with-, the- necessary pay, and-for- sk wasd the sam4 to us through th« Postoffice..

FOR SALE.

F^D».

OR SALE: Tho Smoke House standing on -r Patrick's lot 15d2t ik

'iluirA of

.peciAlA^

_,.use and Lot No. 68 Easle between jBtH end 7th street enJOSEPH MflVARLAND. 7dtf

'strSe

FOR RENT.

IJIOll REST—Store Room on Ohio street, J? next door to Kissner's, is ft rent at $2U0 per year includes lower, store room, with shelans. cellar and bnck room enquiro of Mrs. BROWN, No. 65 Early's Row, Third street febstf

LOST.

LOST—On

NOTICE—The stockholders of

the Torre-Jlauto Branch of ltcnublic Irt-. mtt&ioGoifofUtx.an1 hfeJNbjftndHGed that a five (5) per cent, soini-annual diridond has*

Terro-Hanta, Feb. 7th dlw Jsaaaceri.

Thursday evening, the 10th inst.,

somewhere between St. Vincent's School, corner of 5th and Walnut streets, and Ninth street, a black leather ease confining Uold I'en andHolder: tho finder will be rewarded by leaving it at this office. 14d3t

ATTORNEYS.

jpox P. BAiai^r CHA ELKS cut n.

AIU» A OHr PI«1 ,f

^ATTORNEYS ATI AW Orwca—No. 82MainStreet,upstairf.

SMITH,

2ENAS

Attorney and Counselor at Law..

OOtco on Ohio St., nest to Jadge PatterHnn's. In offering my scrrices to the citizens of Terre-Ilante and vicinity, I feel that 1 may reasonably ox pectasmalf share of patronage, whan it is- oonsidercd that as a magistrate 1 have served this community twelve years, fcrrc^laute. January27,1870. dtf

P. BEAUCHAMP,

SALE.

500 Barrels C. B. Jones Flour, all grades. 2HQ Barrels Cement, and 60 Hblfti' N. T. & 0. X. Flaaier,

ATTORNEY AT LAW

'And Heal Estate Affent,^ 1«| HilX STBKKT, TEttBK-HAUTE, LfUIANAf All kinds of Real Estate for sale or cxohspgBe febliuliu

H-.

KEELER^

Feb, 22, '70,

BY PBOl*. TOUT'S BASD.

Hi Tickets Supper Included.' Sapper will be nerved at the National Ilonso. a a O a

Goodntaa's and by members-of the Brotherhood. mtf

Thirteenth Annnal Masmierade utt" mmtm •"4 o#th«

Te^H^ute erchorl -AT-

REICH'S NEW HALI,

FEBRUARY 28th, 1870.1 .. 5{!. Jj 'vWi-n'Bf-Tickets «r AilmlMien Fx»* Geutlemen (including copper) „.S1^0 For Ladies 75o

Tickets can bo 'procorcd from the members ofthS Society aiid at ^hc following places:

Piilip SolUo8s%

UMlLBipley

fft5fiS£5?Co'

... ,- .^TiN"ew York Store. ?,i i- .EnosStroufl, ... j,, S. Frank. B3F No Tickets sold at the Door. fcbS

Denung'sL^

WANTED fc:

Jiotary Public,

Coraer Bala and Third Streets, Terre-llacte, lad. feblldly

ISS0LUTI0N. Notice is horeby given that tho partnership herstoloro existing betwoen Dr. M. Appleby and M.'II. Waters, M. D., is this day dissolved by mutual eonxen t.

For the jrvsent both will occupy tho same office at 130-Main street, where they will be deased to serve their frieftds prtrfessionnlly, ihr reWtpt for all accounts da^ the firm. jalOdlw