Indiana American, Volume 7, Number 16, Brookville, Franklin County, 19 April 1839 — Page 1

HY C. F. CLARKSON.

TERMS OF THE AMERICAN". (2 in advance, $J 50 in six months, or $3 at the expiration of the year. No paper will be diseintinaed until all arrearages are paid, unless at the option of the editor. Ten per cent, interest par annum will be charged on all subscription, from the expiration of the year, until paid; and for ill Job-work and advertising i-hen payment is delayed beyond six months. Advcrtisbmbsts. Twelve lines, or less, will be inserted once or three times, for one dollar, and 25 cents will be charged for each additional insertion. MISCELLANEOUS. IC0LLECTIO:S OK k. RKTIRED IAWTSR. The Plea of Infancy. In the year 17 a young man named T E commenced the trade of merchandise in a county adjoining his native one of B. His capital was not more than four or five hundred dollars; and his stock in trade consisted only of a barrel of sugar, a bag of coffee, two caska of whisky, one ditto of hard cider, some nails, bar iron and a half dozen small notions,' such as pins, fishhooks, &c. &.c. Nothing particular was known of him, in that neighborhood, though some of the wise heads had been occasionally shaken at the idleness of his life. It had certainly verged upon dis sipation. Mis lather had never controlled. f ...... never usciuiiyemyioyed him; but had suffered him to raise pocket money in the three stages of childhood, and youth, successively by selling hareskins and rnckoon skins, and by gambling. He was at times a roystering, turbulent blade, as ever pitched a dollar or draine I a glass; but, like most 'do-nac-goods,' he could be, when he pleased, smooth and specious in word and manner, as Belial himself. He was moreover handsome; precisely that feminine beauty, which in any man is apt to betoken a light mind and frivolous character, but in one whose lot of life is low, hardly ever fails to indicate, if it does not cause utter good-for-nothingness. Such was our young merchant. But none of his new neighbors dreamed of half the ill that was in him: the good was on the surface, and every body was captivated by it. Never had so small a grcer, so large a run of custom. His sugar and coffee had to be renewed every two months, and his whiskey every two weeks. E 's 'store' became the favorite haunt of all the good fellows within five miles around. All Saturdays, and many other days besides, were devofed there to tipling, pitching with dollars or with flat stones instead of quoits, playing 'old sledge' 'or all fours' with dirtr, greasy cards; quarrelling and fighting. E was the inspiring genius of every such frolic: not only by dealing out the liquor, hut by mixing with driokeis, and driving Toward the jest, the laugh, the game; nay, sometimes, lor he could bullv very plausihly' the quarrel and the fight. If he ever himself fa ight, it was in a very slight way, merely to maintain a reputation for spirit, which was indispensable to good standing, in that region. It never lost him a friend, or gained him a black eye for more than three days. He wa3 the darling of his topers. He was so gay, and frank ; his laugh was such ready chorus to nil their jokes; he poured out his good drink for them so ungrudgingly, not only while their money lasted, but go long as they had a cow, or a feather bed at home; he lock such care of them when they were overcome with liquor helping to lift them from the floor, where they would he trampled upon, to his own bed in the counting room, and when that was full, to a snug corner, where they might lie and v l! Then, if one of their horses at night fall, tired of standing all day, gnawing the fence rail to which he was tied, happend to get loose and set off homeward?, E. was sure to catch and secure him for the night, either by tying hm to the same stake again, or by putting him in a pen hard by ; often, too, throwing him several cornstalks to browse upon which the ani-rtal, ii it were only tor variety' sake, relished bet-. tcrinatuhe rail. There was nobody like The women of the neighborhood, one might well think, would be with most difficulty won over to E s' interest. There discomfort certainly increased with his trade. Husbands and fathers were oftener and oftenr seen staggering home, with red bloated faces, shiny, stup'.d eyes, their whole persons exhaling insufferable odors, and their tempers ready for furious out-breaking. Female wailing were sometimes heard, on such occasion. Mothers began to wear clouded countenances. nd lift up deprecating hands and eyes to Heaven, when they heard their grown up sons talk of going to E s' store; daughters hang thir heads, and almost hid their faces tn their long-cared calico bonnets, to conceal their sorrow and bruises, as thev entered the Meeting house on a Sunday after one of their fathers convivial Saturdays: and wives droopin siient,unutterable woe, under the biu u"ty which was now requiting the surrender ieir young hearts, and the constant devouons ot all their womanly energies. Yet, ""accountably, they did not view T as the author of their griefs. It baa always been the custom, that every man Q0 COald fin it hi arrnunt in ll It nor mint should do so if he pleased. He had never uccn regarded as ft minrhirvniK Itmner- nnr Jad any of the misery he caused, been laid at aoor. Uesides, 1. personally, was to r.ng, ne nattered the dames and flirted 1 wth the lasses so winningly he was so demure and moral when it was his cue, and so handorae at all times that he was no lees a favorite

RROOKYILLE, FRANKLIN COUNTY, INDIANA, FRIDAY

with the women, than with the tippling men.j Among his female friends, was a widow , woman, who became desirous to turn her little farm and farmingstock into money, which she thought would yield hern more certain and easy support. So infatuated was she with the manners and ostensible character of T E ' that she suffered him to he the purchaser, at the price of 1500 dollars, Up0n his own, unsecured bond, for paying her an annuity during life. It never occured to her that this flourishing merchant and chaiming young man could possibly be insolvent; nor (what proved more materia!) that he was not of an age to hind himself by a contract. Forone or two VOars-lliP nnnnitv tvnc nlv

paid; but for the third and fourth, it was un-;f ik and handwriting, was cxtrendy suspaid; and, all other means havincr failed, the picious.

bond was placed in my handf. "to be collected by suit." The suit began, nn id proceeded to that singe, at which, if no defence were made, a judgement by default would be confirmed against the defendant. Just at that stage, he, by counsel, entered his appearance. ana picnaeu infancy; i. e. that when he made the bond, he was not twenty-one years of age. I he case was In J over (continued) till the en suing term, at his instance, the loose practice then prevalent, not requiting him to make affidavit that his defence was just else, ii. all probability, he would have so sworn. At the next term of the court, when the cause was called, both the parties announced themselves ready for tiial. My client had for her agent a kind neighbor, who saw to the summoning of the witnesses, and served as a link of communication between her and me. Her adversary was present in person prompting his counsel, and holding enrncst conversation with his only witness his father who stood, with a pursy book like a Bible, under his arm. As we could neither allege that the obligation had been civen for necessaries, nor that the defendant had confirmed it by any promise made since he came of age, there was no alternative but to dispute the fact of infancy. The great question to be tried j therefore, was, whether he was under age or not, when the bond was made? In opening the case, I stated to the jury the nature of the transaction; exhibited the bond: told them what question they were to decide, and that the burthen of proof was on the defendant, to show his infancy; touched briefly upon the general dishonesty of that defence; adjured them because of that dishonest-, and because

this money was literally (he all of my poor!occasion

wiuuwcu ciienr, to dc satisneu with none hut the most clear and convincing evidence of what her debtor alleged- and then recited r .1 I IT m. m 1 . - t ..a the circumstances on which I relied, to repel his allegation. These were merely, that he had transacted business with many persons on his own account; thnl his father had not, for a year or two before his becoming a merchant, exerted the slightest authority- ever him; that his features and appearance where those of an adult, and that he had voted in nn election previous to the date of thc bond. Thc defending counsel then rose, to make tKe opening statement on behalf of his client, j He justified the young man for pleading infancy, by the general good policy and presumed justice of the law which authorised it, and by the particular fact that in this instance he had through inexperience and youthful confidence, been induced by the plaintiffs artful representations, to oner her twice the value of her property. As to the question of his infancy.the learned counsel said 'with an air of undoubting triumph ' that he would offer proof which would defy all my ingenuity to parry or elude, and any amount of scepticism in thc jury to disbelieve; proof, by thc oath of his client s own father, a man of unimpeachable character, that on thc day when the bond bore date, the obligor was only nineteen years and some months old. This was what I feared. The old man was sworn in solemn lonn "and mcthought the thc clerk propounded thc oath with unwonted solemnity to speaic "inc tram, the wnoie truth, and nothing but the truth, so help you God! He was then desired by my adversary to tell, if he knew, nn what day of what year hisson, thc defandant was born. I objected to his answering the question, if there was a register, any where of the son s birth, ihe register itself must be produced: no other evidence was admissible. Tbc court assented to my proposition. The adverse counsel and client exchanged sly looks of triumph. Their witness too, locked wise and self important, as, with an air which said, 1 expected it, I am ready for you,' he produced from under his arm the pursy book above mentioned. "Here's my son's birthday, written by me with my own hand in this here Bible. Rend It,' said the counsel. Thc old man put on his spectacles, and read an entry, importing that T E , son of the above' meaning his parents, whose marriage was noted on the same page, 'was born' such a day, 17 , being just 19 years, 11 months, and 9 days, before the date of the bond. "When did you write this!' said the counsel. 'The very day after he was born,' said the old man nodding at his son. 'You are clear and distinct in your recollec tion of that?' 'O yes; for I've had thc Bible ever since, and read over this register a thousand times.' 'Very well, said the counsel agatn, and with big, exulting look: I am satisfied and

OCR COCSTKY OCR COCNTRv's INTEREST AMD OCR

I presume, are the jury. But perhaps Mr. W., you still wish to cross examine the witness?' I certainly did wish to cross-examine him; and said so. Meantime,! had scrutinized the old man s Bible. It had no pages markedoff uciwcen me two testaments, for a Family Rec oro, as modern Kibles have: the register of marriages, oirtiis and deaths, was written on a blank leafatthe beginning. It was observable, :hat all the entnes,though purporting to cover twelve or fifteen years, were not only in the same hand, but made with ink of exactly the same color. Several different pens did appear to have been used; but this, it struck me, might be only a finesse, to make the times of writing seem different. The identitv Mr. E 6aid I, 'upon your solemn oath do you say, that you wrote this entry of your son T's birth, here in the Bible, on the a ay alter ne was born I 'Yes, if 1 was to die this minute, I say so?' 'And did you write these other registers?' I did at the partikklor lime every one of 'Then, if so, why is the ink in the last, exactly as old-looking as the ink in the first, which, you say. is fifteen years older V I don't know the long time, I suppose, has made 'em all look old alike. Can you see any difference in teeth, betwixt a horse that's fifteen and a horse that's twenty? Besides the ink is pale, and here was" different pen marks: that's evident.' And his counsel, delighted with his reply, held the book ostentatiously towards the jury: who seemed hut too much of the old man's mind. Staggered but not desperate, I again took the Bible, and turned to the page; where, to my surprire and joy, I saw that it had been printed only one year before the bond itself had been ctecuted! The book had not exiatei, until nineteen years after the time when, n thc father swore, he had there registered nis son's birth. Hiding my joy, however, and composine myself as much as possible, I again reiterated mJ questions, made the poor old man repeat beTnd aH retraction or denial, his well conneu story; ana men, by readme aloud the printed date in the title page, and showing it to the jury. I satisfied them that the book had been bought, and the enti ies made in pale, oldish colored ink, with pens purposely varied, since the present suit began, and for this very Thc wretched father sunk down in confu sion,upon thc witness bench. Without lead ing their box, and without another word of testimony, the jury found a verdict for thc plaintiff. Still the judgment could be final only for the two delinquent installments, of the annuity. For future instalments, a resort to the court again and again would be necessary. And to satisfy even the present judgment, tne caiim aentor naa no personal property upon which an execution could be levied. 1 threfore caused an execution to he issued, which, as I expected, was returned 'no effects.' I then filed a bill in equity, stating the facts; and praying that the land which my client had sold, might be applied to pay its own pur chase money. As no security had been lakun, and E had not sold land to any third rjerson, her 'vender's lien,' for the purchase mon . ..... . ' ey wag held valid; the farm was decreed to be sold on terms very similar to those E had bought, but the new purchaser, was required to give good security for his payments; and my client spent the rest of her days in to'oerable comfort. From the Baltimore Patriot. HENRY CLAY. The mighty Statesman now we scan. The friend of freedom and ot man. I am invited to record my opinion of one the most illustrious characters that ever dignified or adorned the pages of history that ever dazzled the world with the brilliance of his career. He stands in the Hall of the American Senate, the avowed champion of the rights of man he stands alone, a magnificent monument of genius, and in vain may we search among thc tombs of Oriental genius, or thc records of ancient talent, for a paral lei to this mighty orator of nature. Like that of Demosthenes and Cicero, the thunder of his eloquenre strikes terror to tyrants it pours from his tongue like a flood of flame, tumbling from the summit of the Alps, or Andes, and the very walls seem to live and leap as they echo back his burning words of eloquence. In thc grandeur of his conception he rivals the most glorious masters of Greece; and in (he brilliance of his language, he has never been surpassed by the most splendid speci mens of Roman and Arabian oratory. Lven the tongue of Tully, which made thc mightl est Roman tremble, and struck terror to Cat line, never excelled in the glory of oratory the Heaven touched tongue ofClaj-. When he rises in Congress like some mighty lion about to serin? uron his prey and crush him to the earth, every eye is fixed, every tongue mute, and silence holds her reign while the power of his eloquence holds spell-bound the great phalanx of genius that surrounds him. As a statesman he has not only proved Him self the friend and benefactor of man, but thc Savior of his country, when thc dark cloud of war was Catherine in the South, and brother was ready to imbrue his hands in thc blood of a brother. LiKe tne Angei oi reace, nenry so! Clay came forward, rolled back the clould

COUMTKY's FRIENDS.

SPPIT A oa " i"

war, and the rainbow of reason appeared on the horizon of Carolina. But whether we view him as a statesman or an orator; he is the same original and glorious character. The Parliament of England has resounded with the strains of Burr and Chatham, and our own Congress has been charmed by the burning and brilliant eloquence of Webster, and many other illustrious character, but greater than Burk and Fox. greater than Webster and the most brilliant orators of the House, is Henry C!ny, thc great and determined opposer of all usurpation. Henry Clay is the gaurdian and guarantee oi American Liberty. Give him the reins of Empire and thc Mlver shod horse of the despot will never trample on the ruins of our empire give him the reins of empire and the flair oi ireeoom will forever wave on the walls of as:i.ngron. jus tame lias gone forth to the wonu, u,e pages ot history has recorded his renown, and his memoty will forever be engraved on the hearts of his countrymen. MILFORD' BARD. Dr Hugo s Hotel, Gay St. INDIANA AS BURY UNIVERSITY. The Bonn! of Visitors appointed by the Inniiiuiti vonierence, to attend the semiannual meetings of the board nf f ruef oo f ill. Indiana Asbury University, having met at Greensactle,on ihe 25th inst. thc time of the spring examination, which they had the pleasn.n - I,. - ie w nmiess; ana navmg inspected the affairs connected with the Institution, fake leave to report the following, for the information of us patrons, and the public generally. mere nave been in attendance durine the ai. ocs-iun, huuui nisy-two students. The Board were highly pleased in witocssing ihe Examination of the classes in Arithmetic, English Grammar, Mathematics, and the Latin and Greek languages; in all of which branches, they sustained an examination, not less creditable to themselves, than to the ability of iiit-i; nisi! uciors. The ensuing session will ccmmcncc on the first Monday of May next, under thc superintendancc of thc Rev. Mathew Simpson A. M 1 t .an wno was elected resident of the Institution by a late act of the Board. By a resolution of the Board, the nrofpesnr. ships of Mathematics, nnd natural science,are connected wilh the Chair of the President: which, ingemcr wun tne I'rolessorship of Languages, and the preparatory department will embrace a range of science, as extensive as is taught in most Western Colleges; or as win emoracc a range of Science, or as will probably be required during the next session. A largn increase of students is expected to be in attendance the approaching session. ror tne information of Ihe public abrord, the Board think it due to state, that the main College tdihee, is expected to be under roof by next tall. I he building will be one hundred feet in length, by fifty-four in width, and three stories high. For the accommodation of students, in the mean time, the Trustees have procured the use of the county Seminary building, which will accommodate from one hundred to one hundred and fifty sfHdntR. Boarding, including all incidental expenses, washing excepted, can be had in private fam ilies, for from one dollar seventy-five to two dollars per week. The price of tuition is now established by the board of trustees; is eieht uuu.iiR rtuu nny ceni per session, or seventeen dollars per year in the preparatory depaiiincni, nu iweive dollars per session or twenty-four dollars per year, in the College proper. 1 here arc other considerations which the board wish, specially to mention in connection with thc foregoing, And press them upon attention of the public; and these considerations relate to the excellent state of morals which prevails in the town of Grcenca6tlc,& its known character for health. These con siderations, had no small bearing upon the Indiana Annual Conference, in locating the Institution at Greencaslle; nor have they been disappointed in their anticipations on this subject. It is certainly a matter of deep solicitude to every parent, wishing to send his sons from home to receive a collegiate education, know that their moral interests will be guarded, and promoted, while their minds are cultivated in useful science. It is not then saying too mucn; nor would we say it to the disparagement of other similar institutions, that no place in thc Western Country, presents stronger inducements in this respect, than Greencastle. From the acknowledged abilities, and experience of President Simpson, as a teacher in classical and general literature, and from the abilities and untiringzeal of Messrs. Nutt and Weakley, by whom the institution has heretofore been conducted, tocether with tho acknowledged liberality of the public, in sustaining this rising institution; we feci confident in recommending it to thc patronage of all who wish to avail themselves of a sound classical education. ALLEN WILEY, John C. Smith, Sec'y. Chairman. Election of Printer to the U. S. Senate. On the 27th inst. the Senate went into an elections for public printers to that body for the next Congrss. Thc result is as follows: Blair At Rives, 25 Gales & Seaten, II W. Ogden Niles, 4 1 nomas Allen, Blair & Rives weae declared duly elected.! 'en Senators where absent. 1 of Ten

VOL. Til Wo. I.

AGRICULTURAL. Peach Trees. Peach trees may be preserved, by good management, twenty, and probably fifty years. They are destroyed from north laiilude forty to thirlv-six degree, by a worm which feeds on the inner bark of the tree, at its root. This worm is said to be the offspring of the fly of Ihe wasp kind, which deposits its eggs in the bark of the root of the tree while it is yonng and tender. Ihe remedy consists in searching for the openings of the Lark at the root, and taking them out. If (his operation is repeated three or four springs the worm never after can mak a lodgment there. The bark of the treo I.v worm is cut out in the spring, draw the earth up around the body six or eight inches above the other ground. Of all the fruit trees produced in this climate none bears pruninrr so frptv . ikpeach: indeco, it should be treated very much as !; me is. mose branrliPB whirl. nave oorne fruit should be cut out, if there is young wood to supply their places. Prooftake a limb which has borne two or three crops of fruit, and notice its produce; take another on the same tree which hns never borne at all, and ihe fiuit on the last will be twice the site of the former, fairer, and less liable to rot. In pruning, the branches should be taken or cut out of the middle of the tree; thus giving more air and sun to the ,'roit on the oater limbs. The peach tree produces best fruit when the ground is not stirred about it while the fruit is on. When it has no fruit it should be cultivated as carefully as a cabbage, or any other plant. The above comprises the most important points in the rearing of peach trees, and good fruit; if attended to, I have never known them to fail and my experience has not been very limited. I repeat what may perhaps be doubted, that the peach tree, if the worm is kept out of the root, will live, at least,twenty years; and that fhis may certainly be done by attacking them the first year of their growth, and continuing to extract them for three or four years in succession, not forgetting to draw the earth up as directed. Straw, chips, or trash of anykind, serve the purpose just as well. i . iV. E. Farmer, SEASONABLE HINTS. As the cold unpleasant weather of earlv spring often prevents wholly out-door work on the: farm, time may be often very advanta geously employed in constructing and repairing tools for the ensuing season. Every far mer should have a workshop, Hnd a few simple carpenter s tools, for use on such occasions. Let hoes, rakes and other fools be now examined, to sec if repairing will not improve them. A hoe handle may answer (olerbly well, but if it is not a first rate one, lake it out and put in the best one you tan make, and additional ease and expedition of the three first days' works, will repay well the labor. And so of every other tool that is used on the farm. The best are the cheapest, though the original cost may be three times as great as the cost of inferior ones. Therefore all spare moments &houId be now spent in pntling every implement in the best possible order. A great loss often results because fhis is not done now; for most men think they cannot afford to "waste" much time during the busy season of farming in mending their hoes and rakes, and consequently the work is slighted. Examine ploughs, and see if they are in the best condition for use; repair gate fastenings and hinges; some men expend strength enough in dragging unhung heavy gales over the ground, in one season, to raise half a dozen bushels of corn. Repair harness or procure new, rather than waste hours in the middle of a fine working day on the farm, in tying up broken traces or mending broken buckles. WIND-BROKEN HORSES. This disorder is caused by over-feeding, by violent exercise when the horse is too full, or by letting a horse go into water when he is hot and sweaty; or it frequently originates from an obstinate cold not well cured. Ihe only remedy we have known to prove efficient is, to feed a horse on good healthy food, corn. and not much hay or feed him upon potatoes, and wheneverwateris given him it should be impregnated with salt peter and sal amoni.ic." Lime water freely given has, ire many in stances, cured this disease. We know one instance where a wind-broken horse had been kept in a field whese there was not any water except in the bottom of an old limekiln, and had recovered his wind. The horse got no other water to drink for five or six weeks, and he perfectly recovered in his wind, and continued free from cough." STANZAS. -i-a Doubt, when radian&tifftes ire shiningDoubt, when clasping hands are twining Doubt, when honied words are flowingDoubt, when blushes warm are glowing But never doubt that 'truth sincere, That glistens in the starting tear. Deubt, when mirthful tones invite thee Doubt, when gayest hopes delight thee Doubt, whate'er is fondest, fairest Doubt, whate'er is brightest, rarest Bat never doubt that truth can live. In hearts that suffer tad forgive.

mis time necomes so hard, that the fly cannot make the punclure, in order to deposit the egg. or if deposited it perishes. After the

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