Indiana American, Volume 25, Number 33, Brookville, Franklin County, 31 July 1857 — Page 1

A HEWS "PÄPBR-flEVClTfiD TOFOREiCW AND C0MEST3C NEWS, ryJ0RÄiS,TEiPERÄNß8, EDUCAT30N, AGRICULTURE, AND THB BEST IIITERBSTSOP SOCIETY. VOL. XXV. NO. 33. INDIANAPOLIS, INDIANA, FRIDAY, JULY 31, 1857. WHOLE NUMBER 1281.

THUM i r IHK INDIANA AMERICAN. t , MUnNitfiN mt. .S3.' If t .Id wtlhta all SB tba K avlat la .im l,t ! ataas of in er n..pi.!.!. , I.e. W i-r UlrlfW btBa OBBBfllct, fib artba a Baa Sa 44 it. sr la) airh rtbara ma ra . Mil a , wa r tw -au T ro Dullara. aTaitti. I tfVaBCK A I llf rt a) mta i (Mh a f- M r nU aa u la am a a rU ratal a e nr ara g aa ; aJ a i p jme aiU t 41 ont ata, hl la arra r arr

,rai . aalaa the ticta n iar t worthl. Or.lar. fn . dlamatt ii u iaM a a? ' t . fj 'P r aar a4 -rOtt 4.' AM p mat. wit .oat r a 4 I i t. ....I u t d) raiut a la calin. r il ton 01 a i a . , . ist u u o er ug i a ir pajxr chai a a u? a ' f 44 .r a Ut 1 erat t 1 ib.- r .M a w.tS.it t at It ail tt t aaa. witbaa araarinr 4 a -aa Ina I aavJ p tt f ar -arB-., wll. ba publ.a .! .. 1. u 1 . it. BL U R LISI". ' Ksaey aaa ba aaet at ear rtab la a wn-rarn RATES OF AOVERTIMN; l.atOax aqua. ,.. Far m.u ad.l.i law, ttaa llai) ra lataartiuo .0.7. .cluuai tuaariiwa X I aar4a,aA jswaujia iu..r man ..u auoaro. P Jv Vfiaitj aW Tart 1.1114, chaaf.aut ,uariarlv. pr e,a a,m Aajtblat ura. taaa a aquae lu ba tvttutvd aa a tut. eqaarat a ir- I , .... a eqaara, aa a a aar and a halt a laaattoa ir a y,uar aaa a ttatf. a 1. u aqiaaraa; aa. aa a. Ciraalt an4 aoiaaiaa ptaaa eo trt, aOiatalauatlm aa 1 .tujc tajat act .aaa. at .tat aa pa I ta aUrauc. u aa ,ty aaottr J. ia ao aaa Iii w. a ut the iaa.i ai a a et aar ta pnatsr'a aaa. Attora) 1 will ba bt rM.iatt 1. if .a lal adrarllaautauu ururuJ It; Uta AaBBuaaia: caadldaiaa of aaary deaertptl, fl ttaaaortoara, .u 1 aa to tuuau U.. ara not pa) mau tu. rial i) tu .tla a A4afuaMawatt aot taarkad oa Iba cap) fur a apac It 'j a iabf wf taaax Ujua, i II 0 uaiiwaad uulil ur 4 ra 1 wait aavJ paa aaaat nrtja.fud avaortliu. I ,uui. Iba; r af tu a Ufloiaa 4aV. bauUiaj ail. Ua .uaat taJutaUil.w. I .aaraaU "nil lorarl." tba ilt af aoataa, aa unarwu uuut urvVarvu aaa, m tu o-aa ravta. Aiiadraftlaaroanufr.) tniBfari or traotldttt par aaa at ua pl la aU.auaa. p at.t auUmaa, raaaaai4 Commaalcatlona tiaalfii 4 . p ...a m p rata mirwl , will bwtbaifwd . par 4 tra far aaott lU.jfll n . f rhfauuiiiuc4d fitulloualj. Iaa ai ua nuouuau graiaikj ai, but lactU atotuarj Jtkti Ol im aaarg jU lor aa apactat aatt t4aaaabu.lMapabli.ha4 In Uta Kditortal col araaa 41 u caargaU lor aacb laauruou laa aarilap Ha A lrarUaania Iaa4a4 aad pLac4 aadar Uta baa af pacta I iwtioal if taa ttuaa ur .mar. ami b chart ax aVaaul taa aaa4 rauaas it uair tbal aasoaat, 4u aa U r m aruut. Choice aJJoetn). V HÜÄDKÄD TEARS TO C MS Whera w 11 N to biM tbb dbg A km drrt aar to c ur Tia aw r that Marat bmat aprtr A baa iral )aara ta a ata Taa t Up, T a latty rov, Tba ba rt that baau 0 taüj du Ol Okara .h aa I- t a" r.a- nf Jay plf aaaot aattkaa. and aoir w . , I rt. A aaadrad yaara toaaaia Wb U 1 raa for gnld 'hla crow 'ad alrtar A buttdr 4 jtar toroata Vba II raa.l jron cba eh th all.ltif fbal A buoAratt jaa 1 tit aaana Paia. trvotbltag aty And Aar) jogUi, Aa4 caUdbood, Ith I ta brow of troth, Taa 1 1 b aad p or, an land and t aa I bwr win u a Mlrh ) ttJiuawt a A haauraA . aa a to roas t ta all wl hia oargraraa - ball alarp; A baadrwd aaratt m. I Ha llabtg aaol far oa will wrap ArbaaArad yaraioeaaM ' Oar laada all Uli. Aad 1 tbar ataa Oar a aatt will all; WbUwatii-r barda aill dngaa Aa brbjht Uta aanab a aa to ..a; A ba 4 au aar t totaa 1 ATI 4 HAPPT WjBL ) TO MX If ILlAt I paaaad ara aad tbta world of oar, labal .lag aaaa, au4 weadt andrlnwrra. Aad all ataa I cuaid aaa; Aa arary taaitoai u awy ul. Fat4, aa 1 aw t utjapv to pol. It a Aapf ) aurlu ta uta. I aaa Uta aaag trra la tba grawt-. Maaa at 1 ia roica of ju, awa !. Aa Oburtfal aavwUi.i ba; Wbit a agar taaatad ta cn . Aa aaab tr ad utaar ua- na , U a a b'ppy a. nj to u.a. Tto a r aaa ran 0' but) lUb, Aaal j Ui.t.t. a aratlaa. atraTr ruut laa .agta u tb baa, Mf rar) vara, p, dwwu, aihwa l. frwel latad, "you bau, by air 1 port. U'aa uap,.y auri . u t " Tba flUtaa, tao.tbalr ttary rll Of it. in who Owatt aU tu ugawa I; la ur a, aud lagd, abd taa, Saa . laa now aatt, n .ta rouad Prwataurta Urn' lu aaap p.ofawnA. il a ba py arid ta ata, I lt t .at pato, and aorrow, t0. lata b a wrtd tbair u aa. da blu 1 Uil I'm aura tat TVf im lu.itrn, Abaag mt patb b.ra alwa t aa It'a b Aappj world to Rt, Tb pb loaapbl a 00a 1 bo I, Of wut b I ha adalaataiaa at if lu. Atta awvar nantd tt aoat I aft a Irvau Truth a pi acWu tniar. Aodtaf uy II a it ao IbipH. It'a a bappjr wotiu to rua bfapiaaa, In4.,ualy. tt. m WHO BLADE ISA STABS RT . A. STAMLVEATrl KM ttaM what It I bat iia laa an, far up la undo. a-) Ai.4 ab ha atada 1 , uaar u. . . ma Aau placed 11 yp au htgb T II a bayatal kayaur aaiah.aatauaa Ilia t r j Uf.g t) Pray do tbaj wiau It up, atami Ta uil 1 a Hat of Btgbt Aad da tbry u ti it dawn at atiira, Aad pal H ala awB.i ; Tbaa aaag tto la.ataat albt. tall at., ata ni a... I p g T Malta, my -hi 1.1; that 1 a iui It tb aaa w gir ua Hgatt. Tb ) da urn tab a dawn by day ur b.ng t ap at alf tit Su l rnada t a ahy that lnoa'to Idnr. Aad aba a ta gta na 'Ighti Na ata Uta aa m ruk ha 'ap, Tba moon to r .U tba uigbl. 4 mad a adtlf joh and mt.rn rhild, 4 all tb Bgataa -aaa; aja Tbaa laa. a to luve b ta ahila ym lira, Ibatua. py oa utay ba. Mr At a recent examination of a bankrupt il waa observed ihtt he kept a graaiDUtuber of banking accounts. 1 sea," SauJ the learned judgf, "tbnl yoa haw had alz orseven bauikara; ii.i eould Ton weal ao tusny lor?'' "To overdraw them, to beinre." was the fravok and candid reply. aaa ktW Remember the f3aoi,ath

Early Imliana Trials.

mtMtNlm.-K.XrK BY UOX. O. H. MIT1I t a mal pbactics CAaE AND a learned 1 WITNESS. At B term of tho Rush Circuit Coiwt, camo on an important cane Hgainst Dr. öexton for mal praetito. 1 ..7 r . 4 kiriv, : n the plaintitf's linger. The Doctor j was one of the first surgeons in tin , .State. I watt employed to assist my i you::g friend, Charlea 11. Test.ln tlte lefence: Amos Lane and James T Brown fur the nluintitf; tluinaeo luimcd $1U,0(nj; R tbtiel F. Mori is tnd Ilia "side junges" ii the bench. It was admitted that the tin icons ot he hand in question were drawn to lio pulin. and entirely ntitf, when Ir i Sexton was first culled. Pm.uruto . y to tho trial, the Doctor had placed n my hands "Bellen Surgery, givng me an opportunity to understand tin case. Ihe proaocutiug witm v..vas a littlo pock marked Irish Doca i i i . I Mr, wno i can oy me unconinioii ,-m of KmiLli Ua bad havin hut . 1 MW years from tho Kmerald Isle, will, rich bntguo upon his tongue, und i gjou spue oi mo oiarncy, auuwiin d a very laudable ambition to bacomc .ho competitor of Dr. Sexton. Like leath ho choses a shining murk.' tie professed to ho a regular unulu ito from a collegt in Cork, and with who most significant look would druM .rom his pocket a "round silver med . . I ab.I il . a .1 il, upon which was stamped Dr Smitti, diDloma." and exhibit to tin- . m . . a "

'aseofthe pettple. The Dot tor wouhi ,run,k anU ,trazv cvi'r H,,,t t,,,8t tave succeeded well had he coi.flned Court Ogtlnst h.iu. ,i.n..li t. maat... .,. (!.. .....I -.Uutltre Morris. Sheriff, tuko him to

" J I ' IV ancient tViend. Jerernmh Cox, oi ; Mchmoud, said in the Semite, tt, common doetring with piila uno rowdcrs, and let surgenury alone. it seemed that he ItuU heurd oi his whitlow case, had got up the irOseeution aguinst Dr. Sexton, urn. tow stood upon tbe wilneas stand u.ho muin, and indeed only wituear r the plaintiff. He most cleurl) roved tbe mal practice of Dr. Sex on. and most triumphantly pointeu (1 the stiff fingers. "What more dt. ou want but tbe hand ye see?" Tht iaintiff rested, ami my duty ofcros ,uestioning the DootoT coinmenced Doctor you suy this wus mul prac ice.' "I do sir." "Are yoi a regutr surgeon "! supKse 1 niu.' Hare you a diploma? -1 hare sir.' Will you let me see it f I wil, .ot sir. " "It is in'Tonr pocket, is it ot r -It is sir." "Then hand it ut." Counsel for pluintiff t nl vct; it is a private document, nnd no otiee has been given to produce at .or has a nubpoJMia duces te rvm been jsaed." The Court "Objection sus ained." Well. Doctor, is not youi Iploma silver, about the siseofatioJ r v Suppose it is what's thatti ou '' -You swear that this wus- mui ractlcc: do you understand that flu lUSCles were :ontrae ted and tht ingers sbiff. with the ends drawn int he palm m the hand, when Dr. Sex tn was first called ?" "1 nndvrstan )." "Do you think you could havt traightened the fingers and givei. lasticity to tho joints in thut stuts f Certainly." "What would you hav pplie! to the case f A ptjulticu oi lippery elm bark. Doctor, wbai haracter of whitlow was this? War t seated under the cuticle near tin oot or side of the nail, or in the eel ilar membrane under the cuticle, oi ;t the fheea or sheath of the flexo udons, or in the penostem.' It wa vident that this question struck tin loetor all absek. It was in the htu uage of my facetious friend Jas. 1 rown, on another occasion, "al. ireek and turkey trucks " to the wit ess. Witness greatly confused irgc drops of perspiration falling rom his chin, and looking imploring v at tho Court. "Must 1 answer suel ucst ions ' 1 did not come here U o examined as if I was before a Co, go of Physicians asking a diploma ! udgo Morris, "tho question itprop r. the witness must answer." han't unswer the Court may sent ae to jail." It wus apparent to rm liul the Doctor thought he could no rake his position worse than it wu ocora tri frig on the stund, and thatgo ,tg to (nil .would he a fortunate esape You could answer if yoi .ould Doctor." "Certainly 1 could .1 n moment of time "Bui vm .on'tdoit?1 "Not I " Doctor d. ou think this was a case of I'ttron chiu?" "Of uhtit, did you ajij Of Par nyehla ?" "1 shan't answer You ci aid answer if you would Dm r "Purely I could," steppin; ibout ttie fltKtr. ami becoming moi. igituted. "Doctor might not tin iiivc been a case of nnifrii, ,, ,,,,,, I slmll answer no such qoation.' You could answer if yon would ? In a minute." 'Don't .ome of tin uthors that you hare rc.id, speak o ho disease under the divisions 1 hnvamed?' "I believe they do.' "Whicl f them. Doctor?" "1 shan't answer. You could tell mc if you w ould Yes sir. I could name fifty of them.' Pleuse name one?" I shan't doit Doctor, do not some of the author ou have read, say that in curtail tages of tho disease, it is proper b ise lunar caustic und other eschurot is'r' "1 tell you I shall answer m uch qut'htions." "You could giv ae the names of tho authors If VOL fouhf, Doctor." Indeed could 1 a ong ns your arm." Here tho counse or tho plaintiff rescuutl the Doctor May it itlrase the Court, wo wil. iress thU case tir the plaintiff m ui ther; let tho jury find lor the de teiidant iu the box, verdict ami judg tiient accordingly. A QUEER CLIENT Jnd.-e Morris then called tho cane ol Israel Cox vs. Jumes Green Ready says Mr Charlos H. Test, J tbr tho plain titr. ' lit uU suya 1. for tho (tetendaot. This w us an m - i tion of slander brought by Cox anainst

Circun lureliuring plaintiff with stealing uVtciiduiit's hogs. Pica not guilty of speaking tho words. Greii win an 11 . pottkt'd-nosfd, lantern-jHWud

niBti with a head resembling mm old possum und an oyo keen uk a rat rt; ho w ua generally abuut halt drunk. The jury wa. sworn, the plaintiff s Proved equivalent words to 1 o-o luid in the declaration but not the exact words. I had taken the words down, and had the dog ears turned down in Espiiiusse to show that the proof of equivulent words would not do. The evidence wa closed. Judge Test had addressed the jury in a most eloquent speech ot some five hours, otl repeating Shukstea re. "lie who tteuls my purse -trills trash, but he who tilcliea from mc iny goou uuiiie iuae mat, wu.en I .. I .i . L1.L '""M'"- ""j"? L "u, uul ,vnyv ",v V'"". ,Y"UI " v, 1 " IM U IIILIU llaT äu lUUlll Vll lliu ntrri ... .i i I hi . .if . . . . ..ttlttat a. Ii 1 ... ti'.iu r tho side of the public square, with only iio window, and a pane of glass out I' the lower sush I rose with my buck to the window, stated the issue; and in a loud voice, "(ientlemcn ot the jury, the Colli t will tell you tltut l"00' oquivalent worös won t do, 1 Juu sawbratwaw bail apiiiiaaaiaj there is no proof that he ever spoke the wordtt. I pauned and at tbe moment tuy voice ceased in the room, old Green, my client, run his head through ihe vacant ttash by my aide and roared out at tho top of his voice, "Smith don't lie; 1 did say he stolo my hogs and 1 will never deny it." I turned the Court, "I do wish the Court would uu ') 1 l" J"'- " " uv" i i! ... :.:i I... t... I j i, l.;. .1.... ;i . l... J,1U uu. ."WP " t..v0 u..t,. t..c t. u. , .s over. "its l was saying gentle men. there is no evidence before you thut the words were ever spoken by my client. You mus be governed by be evidence given in upon my outh." Vy piisiiion was ably met and congested by tlte closing counsel, but the Court cburged with me, verdict aud ludgmcnl torthe doteiidunt, and I had .ny client discharged from jail without resorting to a writ of hubeus corpusPHEJt 0ICIAI. EKFKCTS OF EVIDENCE. Judge Morris, "the Stute MV Charles dalory, tor larceny. "Heady for the prisoner, " sayB James T. Brown. Ready for the State,' says the county (riMecutor. The charge was ttirstealug a horse. The prisoner had u au .od Mr. Brown thut there wus not he Icust shadow of evidence against lim, and Brown had taken, or rather icen promised, a fee contingent upon icuoilUtl, aud took his seut by the dde of the prisoner with apparent oiifidence. The jury was soon empanneled, and ihe owner of tho horse 'estihed that the animal wus taken out if his stable ai nig it; that a light ii-.u had laii. n, and next mom.iiLr and next ,ie tracked the horso from the stuble loor, followed tho truck some teu iiilcs at a rapid puce, and overtook the prisoner on tho horse, tied his eg umler the animal, brought him uck ami put him in jail. The prosct'tttor rested, and waived tho opening .pecch. Mr. Brown arose. "Muy it tieaso the Court, gentlemen of the ,ury, one short hour ago I could uivc addressed yt u with pleasure and jiitire confidence in the innocence of ny client, but since thut time theevdenco hus been hoard, und I must oontess that it is well calculated to prejudice your minds uguinst my ciitit." Verdict of guilty sentence two years to the penitentiary. Adraatage of Haopa A fashioable In T, a Wf II known 'in en Cny beau y, en aamg Yiue a rei, ii Fouith, In civ, was so inliinid by in a p. ui ol hoiseB a tlitcbetl to M eay wsgonconiiirspully tovtartlbhcri hai bins bint ted loiwMi.i und led to Uail .ii 'du I file lioraea wmld he uuut) her dt a few secnuds, and a gentloimtn, hsp jelling mho i if., i . caught iioldof herdrt -s, tnd einleavoif d lo remove Iter frcn Iter ,s nlouscoiiditioii The (lii gsvf sy. ud llie jeinlcinaii le.tevi d lit- would be I .Uf luioiiiittar ai.Dt.Ba of a tlrcatilul ae- j J en1. The vehicle was w'ubirt a tew aid of helfriititd latly, aho shnu k coat ring. ilaf protccift lurntd pule snd inniLleil. Wliat could he do; hot coul I he save ar? oJusi so much heuui) pt itch iiiu1 lioso lovul. hlllbit Ire hl'okt II mur-t I i ir ) iiiuiciiy he marred? Oh, horror, no I Dt spsir iieiieif him, ittul he reached orlh once more his Btulwajfd itini. 'f Inn ath ol tin- horses a as unon his ohct k V . V ', T " T ' ,1U," tap r, ataa, graap, H,,dm a n,..n,e,.i he aas . taau I U. Us Hh-juM ss Hit ...vy vehicle U.ut.der.d by. . in; "i i i k iit'tiNt ii toll are sated. exht'ptfd lie g nilumuti. "Thank my h siyetl skiit, rither,"murveFSaJ ii e for Utiy, ami t iitned iu ht-r protector arms. ' his i i in- Pioieartor'b dt-st'rip'ion b tie t h mfaut, in oue of hia Itciuiea ou iMaitfi ; "Hit is hs big as a hay-stark on forvh tt f -spikes, wiih a In nl like a flour-tarn-l, wid .ides uf sl-ledder fl pmg .ii such side ob it, au' a nu.se six loo long, a atpiiimiu' urotind like the Ininuhber hoe, ui I a coiipluob lot fu sin km ut de mouf like two bather pnlesb it kin' .tut ob a ham an at bsrtt r shop. Win n in walk, he rolls from sale to ai lo, liUe a -ay er matt jis' 1 tndud; au 1 a peel ihe raaon am. beexu-e hia feel srt-vt-iy itudvr, ft? ha s got coins on all hin tor. II iloot sin suffiii like a colured m ,u'. oney uroadir; but hke tledsikey's. tie holu r oh il msktsa hole in ll e ground When na war inntle it raeins lo medMltley ,.tood tui four ob th ui rvhsrl-bpikes' and dt n i piled all de nivitl thy could giton. Diy iien m-ne sgrauy ni sani-aione mihi guto-r len m -rie agrauy nt sand -bioiif and gut pets ha. brown du-f . molasaas ami gi ay dog. snd iioura-d ii alloberdoflrsh. nnd dete luff! ll dry- When com to de tail,. suifl giJ oiu.aud dey had to rut it shori"' Nothing like a newspaper

I arlj Indiana Tri.tk REMINISCENCES BY HON. 0. H. SMITH. CASE OF ARSON -KENTttf KT PRACTICE. before taking up the Fall Creek trials tor the murder of the gsMltil ludiuns, I will continue the recollections of some lighter cases. 1 have sketched an incident upon opecial I 1 1. 'Iii I i 1 1 ir u itli it diMtinoriiialitol mi in I c I

, o t,H, ohio Ur wnd ,mvt) Btttted tho Indiana bur, in thatseieiice, were the closest pructitioners. V e hud the pluusureotteti, also, ot'meetii.g the gt nilomanly lawyers from the Kentucky side of the river, in our courts in Dearboru aud Switzerland, and oi seeing their mode of pructice. 1 found tbeir I orte to ba aapeech to the jury, aud not in watching the evidence in its iulrodnctiou, as "e did onth In diaua side. At a term of the Deurborn Circuit Court, u colored boy hub indicted for ursoii in burning the barn otlti'iici al Pike, near Lawreiiccburgh. I was attorney tor tho State, and Messrs. Vawter and ArniHtrong, oi bocue county, Kentucky, appeared lor the prisoner, under oine uuderstandidg that they were to have th bov tor a term tit yers upon his acquittal. T he evidence ot the burning wan first given to the jury. 1 then proceeded to give evidence of the conlession of the boy while the barn was burning. The boy, being suspected by the neighbors, was seized and threatened, that unless ho confessed and told all ubout it, he would he thrown into the flames and be burned alive. Upon these threats the boy confessed and told where he threw the chunk with which he curried the " fire to the barn. While ull this eviduUcw was given, the counsel for the prisoner sat quiet w t iout mukiug any objections, und when I closed, proceeded to cross question tho witness. 1 then proved by unother witness that the citunk wus found at the place described. The cuso hero rested until afer dinner. Court met; no evidenco tor the boy offered, und the argument commeneod 1 hud little . aaaBtaaaa 1 I... t.i...,.l ataa t ... tuiain I to say. 1 lie proof, as the case stood was conclusive. Mr. Armstrong rose and spoke over lour hours, with gceat eloquence, appealing frequently to the sympathy ol the jury, but said nothing about the law ot the case. col. awier, me senior oi me mm, then arose w tn the law o tho fuse, j that i tili f ess i ons extorted from the. w.tnesa Dy threats ot perianal v.oletice were not evidence, and culling upon the jury to reject it. Had he made the objt vtiou to the Court ut the proper time, theevidence would have been excluded, and the prisoner ac quitted, but his pructice in Kentucky 1 .ad suffered him to sleep upon the mtper application ot tho law to his proper apj caseuttiie ng .t time, ton charged the jury was convicted und J udge EgglesIhe prisoner senteuced five years to the penitentiary. A CASE OFMISITNDERSTANDINO. For the more immediato consideration of the profession, and to take their legal opinion, a sketch of two cases before the associate Judges upon the defence of "tender," may not be out of place. They were cross nlace. Thev were cross actions, and came before tho Court at th.. siiin.i tima. und w..p ultiMiitaari to, o lier. 1 call tho purties John Jones and Jumes Backhouse. The facts: Jones was raised ami educated

in the north part of New York, in!notcurK poor body twenty dol-

w hat is ea led t he Cenesse county, and Backhouse was an Ohioan, from np lUraaUrtrtBii it. w Ynflt where J ones camo from they called

shell bark hickory," "ohag bark wal- J 0 Hrt' , "0 nut," mid ground hogs" -wood-1 1011 "dlars Mr . ood ." "Surely. Mr chucks " In Ohio where Backhouse ! Uh, you will not charge a poor a BM tVom, they called "shug bark j lti,iiy Un dollars tin-such a littlematwalnut" "shell burk hickory," and , lur us "is. Mr. Smith, I have been

wood chucks," "ground hogs.'' 1 he tjos met accid-ntllv u,,d Jones 1 a , ,t f H,.Lhi.ti ....t, i t tt ai i.. . aa. nit e nuinui 1 1 iu a tor I , , n ruw mill Buck house, supposing of course thut they were' bhtek wa nut logs," agreed to give a dollar a piece for them on delivery at his mill dum. Backhouse then tin, posed to sell to Jones two tume "ground hogs ' that he bad at fliv...ni i.nch uhid. j..rt..a home for tilt v agreed to gie. and to receive und pay lortlietii when tho first log was de - livered. Jonoa cut the logs, loaded one on his wugon ami drove dow n to 'J -"1 -' w the dam to unload, nacsnouse happened h Im- t here. " W hat is thut you have thoro?'' "One ol the logs." 4 W hut logs?" "Why one oftliOM walnut logs you bought of me." i Tlmt at Hat vt i.l It ll f It ur "Ynu it ia ua .a t i 111! 1 i .111 ' N'r ' I a . 1 . fine a 'shag bark' walnut us grows in ,diana K , no BU,h H n(tm h t k ,lickorv." "Will you receive it? 1 tender it to t. you with the other nine under our contract und demand my pay." "1 s'ntll not receive il, but urn reudy to receive tho walnut logs 1 bought ol you.'' "Then let mo huvo the ground hogs I bought of you, 1 urn reudy to tay for them." 1 fume down to the ouse aud you shull huvo them." At the house "There they are, Mr Jones. "What, them ground hogs, dew tell?" "Yea, a pair of as tine ground hogs as I ever saw, ami perfectly tume." "They are no ground hogs, they are nothing but wood chucks, 1 would not give a cent for them, the pestering things bored our ground ull hollow in York State." "I tender you tho ground hogs und ileum -id the pay." "I shall not touch them wood chucks, hut am ready to receive aud p iy for the ground hogs under our contruct." 'Ihe purties were strictly honest nion, wholly ineapaple of tho suggest io falsi or the tuprassio pert, as was admitted by the I J ...... . . . .1 At ..a I t I. .. learned counsel thut argued tho cast Associate ju tice Hartman. "We have heard Hill cuso with attcntiou und unusual intci'di und I mtui tav that after venr8oft xnorif.nr.fi son ma i tice of tho peaco ami on this bench, I j baVo never had a more difficult cas to decide. The case will be taken under advisement to consult the law-

yers and tho judges of the othei 'courts.'' Entry 'curia adviser vuit.' A CASE OF MISNOMER.

"Moffitt r.s. Flowers." said the As sociale Juege, "are the parties ready? Keady," aavs Mr. Henry C. Hum moiid," for the pluintilf. "Reudy, suys Flowers, in person. Theactioi wus brought on h physician s bill tbi attendunte n Lucinda, the M'ite tit the defendant. Flowers was a kino of country pcttilhjnrcr, who came ui t e op.u.on ot Judge Mills, of iven tucky, when granting a law license to Duvis Flournoy, who had failed to unswer u single question, but who boldly and impcrliucniiy peisisted in urging the Judge to grant him u license "Well, Mr. Fiourueoy, make out your license, and I will sign it, you have two of the qualifications ui' a village attorney." "What are they, sir?" -'Impudence and Junorume. sir." Flowers, however, had read ' Espinasce on Misnomer." Mi Hammond opened the case of tlu Court, und then took up the account of his client und commended reading. "To visit und unodvne" "ötop. ' says Flowers in a voice of thunder thut sturtlcd the Court and by stund eis, "stop reuding;" aud rising to his feet "1 demand a non-suit.' The Court "Upon what groui d?" "Upon what ground, why of misnoniea." "Of what.' ' "Of misnomer; her name is Lucinda and not Anodyne.'' The Court "Was she never called or known by tho name of Anodyne?" Never that I ever heard of.'' This whs a damper a perfect chevaux dt friexr in the way of the plaintiff. Couusel for plaintiff "We will suffer a non-suit and try him again, aa He seo the Court is deud set against us." The Court ('Let the new suit be entered, und the next time bring the suit in the right nun e." "jewino down'' a fee. I wss sitt.ng at my office at Connersville, one duy, when in stepped au Irishman, whom 1 cull John W ood, of Union county, und told me he had been reeom mended to me lor sound jc.OUIUH. in UIl important case. He I . . . a . hud arrived in America directly from Cork, Ireland, only a tew years beI mre bringing with him his wife and j verul children as fur as Hamilton I cuUntV) 0hio, where by pure accident ,,e ttId ,lif, ..ou,d wonia - haJ Kime. ,lfl... (, Mi.,1M ,lt . . t , t?r lol. Huveru, veurH and ,,it IiIImI lttta.U ifflt 11 t at 11.' tt aa Ia ntn r I a a J bit I I nisi i.e-s with nie wus to entnltiv me ,o flw u bU br M divorcü in J Jj UIOII Circuit Court. Wo soon sgreed on the fee, twenty dollurs, and he left. I immediately filed the bill aid had the notice published in the paper for the next Lerm. The old woman by mere ai cide.it, also saw the adver j , it,oinont ttnd thereby found out for tiit. hr.t tirn wh' tllft hllf, j 8topped alu.r l0 i,ePi nnd camt. :diri.cl, over ta the residence of the old man. The whole matter was soon reconciled between them. Soon ufler the settlement the old man came to my office in flno humor. "Mr Smith the ould woman and meself have mude it up." "Indeed ! well 1 um Vl'0 Klttd ot ,l' 3'0U uro Dolh u j to separato." "1 know you rt fc'lad; you are a good man; I jusi to re tf1H,b ,lU Rrü Pod man; I just I Cttmy ov;r ,0 whttl )'ou ipnd .t,) I ciMarao a poor man like meself W ho hus mude up with mc ould woiuun.' "1 charge you twenty dollurs, Mr. Wood." "Ah. sure, Mr. Smith, you II : ", , " uionu iii t lanuea ui xiw I Yo,k 1 Deffd ot" J,,u Mr s,nilht thai ye was a kind heurlcd man and a I distinguished snrgeant in tho law, as I i a. i a. t l ..a a.. "micu witu un me great unrris lrtJ ut Ireland, with the Poitsoi.bys. ' the Lmmets, the braltans, the Cur iiins ami the Biifkcs but ihr re is not . " z. ' one oi iiium ma is aitpiai it) you, far. Smith; you ate so approachable in Court, and you can take such grand distinctions in the law.'" "I charge you nothing Mr. Wood." "Ah! you I re a gentleman. Mr. Smiih, surety I. vou unl pau ttw Pnuter.' Mr. ood , - .. - . I as mc only man 1 ever knew Ihnt ' ulway s carried the blarney stouo I Wtb it 1 III and knew just hoW to USt j 'l BEWARE OF FLIRTATION Married men tin uinuarr ed women. it seems can flirt without legal danger, i but not so bachelors and matrons. A single mun w io flirts is iu dan'or oeither losinir his lilterty ulloirethei or of being breuch -of-promised into paving dearly lor the privilege o keeping it. The Supremo Court bus decided, through one of its judges that when a man httu for a long time flirted w ith a girl waited upon hei in public, visited her in private, glvei her presents, and done similar amiu bio things it is a prima facie proof o his having promised to murry her And it has ulso been decided, in ; neighboring State, that when a marri etl woman flirts, (with any body bu; her husband.) she furnishes priun facie evidenco of conjugal infldelity which in a trial for divorce mustU-1 powerfully against hor. This is good. What business hast mun to lint with ap-l; perhaps win her atlections, occasion her to lose el igible opportunities tor marriage. aim then sneak il umlcrprctcuso that h. wus only in fun" Or, what righ has a married woman to practice up on infatuated youth thoso alluriii; ttrts peculiar to her sex? Let then bevvuie hereafter how thev seel amusement in theso forbidden paths I It is no sin aiiainn our mothe' ton; tie to use words n i to bo found iu the dirtionsrit'8. provided tht y are neeeassry and not uisnutactuied baibarortaly Eveiy wonl must have hsd h beginning. snl if our fathers hsd had no intfentitp ga-nin we should bav had no laa-gusgt.

Early lod ana Trials. REMINISCENCES BY HON. 0. B. SMITH. A IAWYER'S MAN02UVEB. At the first term I attended at Viva y, I was en ployed by John 11. O Meal to defond him in an action of assuull and battery by Thos. Mount. My client was a etot young man. aud Mount an old man, ofmach iule rior strength. 1 was satisfied fron ho statement of my client that it was an uggraiuted case, The counsel for the plaintiff. John Dammit, Stephen 0. Slovens aud Aiiioh Lane, my client told me, were to have half the dama ges as their tee. 1 knew and had rea son to fear ihcir powers in such a caac. with the stimulus of a "contingent.'' especially if they had tho close of the argument before the jun . The cast w as called, and 1 tiled the plea ot

son assuuU ' alone, to which they re plied "de injuria," giving me tbe open hg aud closing of the argument. The cause wus continued, and at the next ii -rm referred to arbitrat on, and tht term following an award was return ed uguinst my client tor el .mm dama ges; but the aib trators had neglected to be sworn. T he award was set asidt on my motion, at the next term, and the cause immediately called for trial "Ready," said tho plainliff'a counsel. "Ready," said I. A jury was immediately cmpanneled. 1 commenced the case without word to the jury as to my expected prtwf. "Sheriff, call William O'Neal." Tho witness was sworn and took the stand -William, will you state to the Court and jury what you know ot an assault and battery committed by Thomas Mount on your brother Johi II. O'Neal, in Dearborn county, about three years ago?" " Stop I not a word," said Mr. Lane rising and addressing the court. "We object to any evidence of any othei assault und buttery than the one laid in the cec uration, in Switzerland county, aud especiully of any one that took place more thun two years before this suit commenced." Judge Eggleston, evidently without his usual reflection, said "The witness will confine himseb to the case in Switzerland county. I except." Tho witness knew nothing of the actual case before the jury, and retired. The plaintiff then proved a most aggravate 1 case, an I the jury then retired under the charge of the Court Judge Eggleston sat silent upon the bench, with his head resting upon his hands, for a few minutes, then raising hi.-? heud. "Mr. Sheriff, bring that jury into Court." "Gentlemen of the Jury, the Court erred in rejecting the evidence of the assault and battery in Dearborn county. This is a local action. Tho statute of limitation is ouiy a bar in civil action where it is pleaded; there is but one count in the declaration, charging but one assault and battery, and thut the defendant has justified by his plea; there is no now assignment or replication of aggravation, tho proof offered should have been admitted, and under tho circumstances, altho aomowhat irregular, although tho fault was with the court, wo will hear the evidence now." Tho proof of tho assault in Dear born, on my client, by the plaintiff was positive; and the jury, under the charge of the Court, returned a verdict tor the defendant. In the meantime, ti e -tat ute of limitation had run against the Sw itzcrlund case, atid no other suit was afterwards brought. It is duo to the distinguished counsel to say that they had uo idea or intimation that there had ever been any difficulty between the parties, exco)t i ho one for which the suit was bro t Dial fact was our only defence, aim was kept a secret from the plaintiff 's tttorncys, or they would of course, nuve defeated the defoueo. A DoOBERBY. Shortly after this case, came on to he tried uotbre the Associate Judges Fugil and Atkinson of Decatur Circuit Court, a ease against a man foi refusing to work his two days on a ichool -house, tho statute requiring ach "able-bod ied man' to work his wo d.-iys, The case cume up on an appeal. The facetious James P. . ii ow ii for lue defendant, and 1 hau ihe good luck to be employed by the

school Commissioners. The case was important, as there were several other refractory cases waiting the result ot this one. Tho case waa submitted to t ho court; the ov idence was conclusi Fe, unl i opciifd to tho Associate Judges, in- the plaintiff. Mr. Brown arose with the greatest apparent confidence, iddrcssing tho court, There is ono point in tho case that in conclusive against the plaintiff.' Where is thut?" said I "You have not proved that my client is an able-bodied man." As he said this, his client walked up and stood directly fronting the ludges. He was a man about six ipal high, square shouldered, with an .rm as large as the leg of a common nan, wearing immense whiskers mustaches wero con fined at that day tnltrely to the French barbers). "Mf. "row n, ' I said, "is that man your oliont?" Brown gave him a contemptuous ook. "Yoa, sir." "Do you contond that be is not an 1 1 ie bodied man ?" "May it please tho court, I do not pivot my case on that point." I he argument closed; the case was vith the court. Judge Fugot said. Mr. Clerk, givo mo the pspors; the urv will be discharged till morn 'n.J. is It will t ike tho court all the afternoon to docldo this case." Tbo judge spread the papers and looked thorn over for some time, and at length began by reading aloud the summon., the lanpcants for the wit-

noaavs, aud the roturus of the constable and sheriff. There ia aotne informality , but the court thinks they will do. We now come to the great question of the case Is the defendant au able bodied matw Yea, Mr. Ürown, that ia the question, i'uu plead well on that, but it was nothing but tho plea ot a lawyer, you Admitted that tue man who stood be lore ua waa your cltout, and tue Court t ili late notice "uAm," aa lite law oooks say, that he is an able bodieu nii.li, and uo mistake; judgment Im uW9 dollars. This was me great loading caae, a ud settled ail outers Ay clients paid my loo oi tiv dol 11. congratulated me upon tue re ami, ana years allcrwatua gava u.c tiieir united support lor Louiees. A FAMILY Mi. it l L i Y, A Mr MOW la H AB BAi lLU).

After I want to Lonnersville, 1 purcnased a taxm uolow towu, anu oudt the house the present reetueuov of uiy trtoud dum ut i VV . l ai acr. Aut, ounucr waa lay tug the touutialion one morning wuuu my next neighbour, Capt. Larkiu Ouua, wno owiatju me tariu immediately adjoining nunc came to where 1 waa ataiiding. "Uood morning. Mr. Smith, you ate tiuitd.ng a now house, it is said tnai tawyurs houses are built ou tooia uada, but yoa will never get my hoau under this lor udation." "1 novo uoi, Captain," and he passed on. boiuc wooaa alter tbo Captain came to iny office, and reasindeti me ot w hut. bw uad aaid, but, says he, "1 have come to lee you my sell and wile caitUol live together any longer. "Vtuy, Captaiu, what doe this mean, y ou nave got oue of lha beat wtvoa 1 a now among all my neighbor. 1 will call down this evening aud seo you both there certainly cannot bo any thing irreconcilable between you. lha Captain iett without a word oi reply, and that evening I walked down to his bouse. 1 wa met at the door by the Captain and taken into kit parlor, ttaiij, bii wile, soon came iu, and seemed glad to seo me. Each party related their disagreements with the cause, not forgetting the moat minute particulars. The principal cause ol the dtticulty , at least on the surtace, was, that one morn iug 6ully requested one of her sons to lake up the as boa from the fire-place The Captain sent him otf to plow, and Suiiy took up the ashes herself. 1 decided that the Captain wa in tht wrong, lie smiled aud aaid nothing, out .-sally, perhaps to warmly, applauded my judgment. 1 theu began to suspect that mere waa more at the bot'oiu than the ashes. Some days alter, the Captain called and required me to file a bill tbr a divorca, ou the ground that their difficulties were irreconcilable, and they eould no longer live together, ihoy had ten grown children, several ol them married, with families. The bill wa filed, the divorce granted, the property anu hildren equally divided, and Sally moved to the house, and part of the farm aaigned her. The Captain kept the house steady, and soon after mar i ied a young woman in Hush county and brought her home, but the enu was not yet. The Captain waa soon laid low, aa all believed, upon a bed oi death, hi young wife refused to num aim, and took her household goods and left. Sally heard of his condition, aud went to his house, nursed him oy day and by night, watched over, comforted and eucouraged, as in then inner days. The Captain waa finaly restored to health, obtained a divorce from his young wife, and in a lew weeka altorwards the second marriagt was solemnized between thoso, win. mould never have been separated f hey sold thoir possessions, and re moved lo Missouri; the Captain wa.soon after taken sick, and died, auu uis faithful wife, uf.tr nursing hin. through his laat sickness, closed hneyes, and followed his remains to nir iaal earthly resting place. MODERN PREACHI 0 It is startling to reflect, that with traditions, teachings and myiha suu. is no other form of ikith can boast, pulent in morality and philosophy so lucid that the heart of little chit Iren can receive them wiihoutdieootu posing the intellect, our Christianity has resolved itself into an affair In sermons, which in their turn are at air of rhetoric elocution aud eupho ny. It ia uaelees to deny that wc think infinitely more of preaching than of praying, and a good deai

more of both than ot calm renecuon and a well balanced life. We go to Church, as Mr. Sheriff says, "to Ik lickeled." Some of as like hard anu pitiless logic, and some of ui dulcet sentences, flowery figures and music, il periods. A good many of us can not endure a preacher who is not comely to look upon, and who hanot a voice of siren sweetneea. Ii deciding upon these qualifications wt relieve that some women are govern d by a well-regulated code, am. u -Ige the preacher very much as they ;udgn a French bat. As the piom crowd emerge from the meeting-bo ust ill the talk is of the sermon and its tothor. Tbe dissatisfied pronounc it to have been atupid. while the plea 1 insist that it waa delicious and ed i tying. Some have been bored almost mortally, while others have been en tertained almost to ecstacy. Tht preacher is denounced as a fool oi eulogised as an angel. And all this time there is an Eternal God abovt pitifully listening, lot us trust, tothosi who take His name in vain, not mere It in spech but in all their life fnoughtand action. i , , ajrThe intoxication of danger, is like that of the grape, it shows n to others, but hides us from ourselves JtW Cronuine politeneas ia thearetborn offspring of generosity and modesty. Keepooolif 700 tan.

1 CLAMS COMMTT CAJÄ ITS D0TIBX The doctrine laid down by Jntige Leavitt, in his decision of the Clark County matter, goea virtually to this extent : that in eases where an exec utive oflloer of the United States is arrested by the local autburitiee tor a breach of the criminal laws 01 a Stau, and a writ of Kaheas corpus isauea trout a Federal Court to inquire into me cause of bis detention, u is sufilcieut for tbe tribunal before w hich Ute' writ is returnable, to be adviaod that, at me time when the offenae complained of wa committed, he was prviessodly engaged in serving he process of an United States Court, aud am order must be made for hie discharge. It ia true that tbe honorable Judge doaa nol, in direct tatruta, ooane ap IO this position; ou the contrary, a de e 1 area "that the point to be inquired into and determined by that judge issuing the habeas corpus, is, whether ihe act for which the party ia imprisoned has bee u done in the discharge of official duty;" hut, nevertheless, i.e treat the ease throughout as if it wu a thing ascertained that the deputy marshals, when arrested, wer stricty 111 tbe line of their duty, aud aa if the act of Congress of tbe second of March lc3, by giving a judge r the District Court jurisdiction in nch cases, imposed upon him, at the same lime, tbe obligation, in all case, to discharge me person detained. It is also true that he professes to inquire into the facta ol the case docuros himself to be satisfied that the deputy marshals were at the time of their aireet, in the rightful and proper discharge of their duties, and laysdown several legal truisms touching the powers and obligations ot executive officers entrusted with process in general, but from beginning to enu he appears to presume that the pretaimplioa of right, justiceand legal propriety of conduct is in favor oi the redoral and against me State autkoxitiee that while it is difficult to imagine the possibility of the one doing otherwise than in strict accordance with the law, it is equally difficult to look upon the other in any fight bat that of malignant offenders warring against ths peace of society, and plotting to diaturb the tranquility of ihe Union. On. Vommercuil. aatat racxxDiARisii In defiance 01 me general agreement of ".National" men ot all parties 10' suppress agitation" and "preserve the I mon, the following "incsaidiary" paragraph appeared in the last ST. . Express. "A negro belonging to Longs Harper, in Chicago, in the Stafe of Misaissippi, arobs in the night and killed Ins wile and chopping off her head, after which bo bung bimaslf to a tree near the bouse. 1 he reason for this horrible dsed was, that his wife, beautiful quadroon, waso diged to submit to tbe sensual caprices of her master." We defy any one to devise or give currency to a more "sectional" aud exciting item than ths above. Mere ia a poor, iguorest, helpless black man, whom the law deprive of every dollar of hia earnings, every rag of clothes on his back, of bia own children, of every thing but his wiie,und his master improved on the law a iniquity and take her also, leaving to the wretched negro bat that last resource ol tbe wronged and impotent Death. Aud of mis resource he, whether for good or evil, svails himself. What was Huralet s tragedy, or Othello's to this nameless negro's. Bear in mina mat it is not the tact of "Man s humanity to Man" that in veets mis case with its most horrible isjiecte lor men have been tyrant tnd lechers these thousands of years; hey are so to-day iu .New York or New England as well aain Miasiasippi. it ia the law s complicity icith the crimiml the protection and shield which t throws over his most iniquitous Acts that renders the affair soappallng In New England, Mr. Loiigan ilar bor would, under the circuineun es, have been dealt with a a ravish--rand adulterer; in Mississippi, bs is but "doing w hat he likes with his rwn," and thus enforcing obedience to the Soutneide exposition of ths eat, "Servants, obey your masters." tlence the pained sarpriae wherewith bH thorough conservative will have read the above paragraph in the columns of <The Express.—N. Y. Tribune>. ———<>——— CHURCH STRUCK BY LIGHTNING— HOOPS MELTED!—Sabbath before last

a violent thunder-storm passed over New Jersey. At Jamesburg, near Amboy, the Sabbath-school of the Presbyterian Church was holding its neeting [sic] in the afternoon, when the fluid struck the building. It entered the roof, making only a small hole, and descended by the chandelier to the centre of the church, where it exploded. Quite a number of adults and children were prostrated by it, and their clothes burnt. Yet no fatal results followed, although some hours, and even days followed, before perfect restoration took place. But the remarkable feature of it remains to be told, and this is given by a clergy man who received it from one present. It is stated that the ladies who wore brass hoops in their dresses were uninjured, but the hoops were melted! The electric fluid was diffused, and perhaps lives saved by this novel conductor.—<N. Y. Evangelist>. ———<>——— ——>Some nine years since, a letter was received in New Orleans directed "To the biggest fool in New Orleans." The post-master was absent and on his return one of the younger clerks in the office informed him of the receipt of the letter. "And what became of it?" inquired the post-master. "Why," replied the clerk "I did not know who the bigget [sic] fool in New Orleans was, and so I opened the letter myself. " "And what did you find in it?" inquired the post-master. "Why," responded the clerk, "nothing but the words, "Thou art the man!"