Indianapolis Daily Herald, Indianapolis, Marion County, 3 March 1868 — Page 2

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DAILY HERALD.

LiA-fPIC UKVKLIi'J. Kditor.

OmCS-HEEALD BOILDIFO. m j.t »;a«t wanuiugton street*

TUKS^AY MORN! M«,MARCH » DEilOCKATIC STATE TICKET.

For GoTtmor, Thomni A. Hendrick** ot Marlon. For •LUiitenaat QoTtraor, Alfred P. Edger'on. of Allen. For Secretary of State, REUBEN U. KISB.cf Boone.: For auditor of State, JUIEFU T. BEMUSOAFFEB, of Franklin. For Treasurer of State, JAMES B. RYAN, of Marlon. For Clerk of Supreme Court, KUAH S. LiKOSK, of tail. For Reporter of Supreme Court, M. A. O. R ACKABU, of MarihaU. For Superintendent of Public Inatructlon, JOaN It. PIIILUIPS, of Daviess. For Attorney General, SOI.OMON CLAYPOOL, of Putnam. For Electors at Large, JOHN R. COFFROTH, of Huntington, BAY LESS W. HANNA, of Vigo. Contingents, JASON B. BROWN.Of Jackson, WILLIAM M. FRANKLIN, of Owen. For District Electors, First Dlstrlci—Thomas R. Cobb, of Knox. , C.mtlngeut—B. 3. Sproule, of Vanderburg. Second District—C. S. Dobbins, of Martin. Contingent—Jonas G. Howard, of Clarke. Third Distort—James Gavin, of Decatur. Contingent—Klbanan U. Devore, of Jennings. “Fourth District-John S. Reid, of Fayette. Contingent—Benjamin L. Smith, of Rush. Firth District—John M. Lord ef Marion.*. Contingent—Cass Byfluid, of Johnson. Sixth District—A B Curleton, of Lawreane. Contingent—Samuel U. Uamin, of Snlllvan. Seventh District—T. F Davidson, of Fountain. Contingent—B. B. Dally, or Carroll.

if Grant

.Ufl*

Eighth District—.lames F. McDowell, ol Contingent—N. R. Linsday, of Uoward.;i Ninth l)l«triet—John Colerlrk. of Allen.’

it—Samuel A. Sbo

Contingent—Samuel

hoaff, of Jay.

Tenth District—o. II. Main, of Elkhart. Contingent—E. Van Long, of Noble. Eleventh District-Not appointed.

Whist Bare the Unnntltatlan ! As the President of the United State* Is to he placed on JjUi for alleged violations of the Constitution, It will be well to produce what that Instrument declares and guarantee*. The Constitution provide*: I. “ Congress shall make no law abridging tho freedom of speech er of the press.” Art.

1, amendmenti

II. •< The right of the people to be secure In their persons, ‘bouses, paper*, and effects, against unreasonable searches and seltures, shall not be violated, and no warrant aball Issue but upon probable cao*e, supported by oath or affirmation, describing the place to be searched, and the person* or thing* to be

>> - - -

Btlxed.’

Aft. 8, do.

No person shall be held to answer for

A As ' ANO pel

a capital or otherwise Infamous crime, unless on a presentment or Indictment ot a grand Jury—nor deprived of life, liberty, or property without the process of taw.” Art. It, do. lY. "In alt criminal prosecutions, the accused thali enjoy the right to a speedy and public trlnl by an Imparllal Jury.” Art T.dn. V. ‘ The House of Hepn.entatlves t/iall f>t eomfioied of members chosen every sec. oijd year by the people of the several Utafe*." Art. 1, sec. a. VI. “The hen ate of the United States *Aa(i he eompntid of two Senators from e»ch State-and each Senator shall have on* vot*.” Art. 1, sec. 3. VII. ‘‘No bill of attainder or ex poet facto law shall be passed.” Art. 1, 9. In the articles of Impeachment, which have been presented to the House, and Which that body will adopt, if It baa not already done so, the President Is to bs arraigned and tried by the Senate for “high crime* and mlademcanora.” The ConstltutWin provides that “the accused shall enjoy tbe right to a speedy and public trial by an Impartial Jury.” The trial of the President for alleged high crimes Is to take place before ■ tribunal that haa already decided against him. The articles of Impeachment declare that the President in tbe appointment of Lorbnzo Thomas, as Secretary of War ad interim, and In requiring Edwin M. Stanton to surrender the office of Secretary of War to tb* President’* appointee, haa been guilty of “high crimes and misdemeanors.” The Senate, previous to the House finding Its Indictment against the President, bad passed t resolution declaring that the President had no right to remove Stanton from bis office, or to appoint Adjutant General Thomas. In the adoption of the resolution did not the Senate prejudge and determine the charges mtde against the President In the articles of Impeachment prepared by tbe Houscf Tbe Senate Is the Jury that is to try ths President. Will any one any, with the facta before him, that It Is an “impartial Jury In 1802, while tbe war ofthe rebellion waj In progress. Congress passed a law declaring that a certain number of representatives frtm each of the States, shall constitute tbe House of Representatives, and that two Senators from each of the States, shall constitute the Senate ofthe United States. This act, and It has not been repealed or amended, provides that • certain number of representatives, and that two Senators from each of the ten States now excluded from representation shall constitute a part of thaCongress of tbe United States. The Constitution not only, but a law passed by a radical Congress, declare* that all the States In she Union, Including the States that attempted aecesslon, shall be represented In the Senate and House of Representatives. And we ask .Is a House of Representatives and a Senate in which tea States ot the Union are denied representation, competent, under the constitution, to present charges of high crimes and misdemeanors against a co-ordinate branch of the Government, and to sit upon them as an “Impartial Jury?” Having prejudged tbs charges brought against the President by tbe House, can a single Senator who voted In favor of tbe resolution declaring that the President had no right to remove, or even to attempt the removal o( Stanton, upon his oath say that he Is an Impartial Juror—that he can try the President upon tbe articles of Impeachment, which cover the resolution adopted by tbe Senate, without prejudice or partiality? In a criminal prosecution would a Senator who voted for the resolution condemning tho President for the attempted removal of Stanton be permitted to take a seat lu Ibo Jury box upon tho trial of the Presideol? Nitons. Tho people, as well ns the Senate, will be tbe Jury In this miserable, Infamous, we bid better say, partisan prosecution of the President. Although party passion and prejudices may run high, we are unwilling to believe that the great body ot the people are so lost to a sense of manliness, justice and right as to permit tbe Chief Magistrate of tho nation to—be tried and condemned by an admitted partial Jury, not for “high crimes and misdemeanors” as alleged by bis accusers: not for aiy Injury to the public Interests, for the most bitter partisan enemy of tbe President can not truthfully say that bis attempt to removl an obnoxious member of his official family, can be tertured Into a crime against tho country, but only for party pn. poses and to gratify party prejudices and passions. It Is not ANDREW Johnson wbo Is upon trial, but the Constitution itself and wbat the people have been taught by the fAtheraof tbe Republic to believe are the essential elements or principles of a free

government.

j3TThe House Committee baa properly made Mr. Johnson’s attempt to seduce General Emory Into resistance to tho Constitution and laws one of tbe grounds of impeachment.— JournalThere la nothing In the testimony ot General Emory, so far as published, that shows there was any attempt by the President to seduce him Into a resistance to tbe Conitltutlon and laws. A correspondent thus explains tho object of tho President’* Interview with that officer: The Impeachment' Committee did not see proper yesterday to report all of the evidence taken by them since Thursday last That of Colonel Moore, the President’s Secretary, will be found, when made public, to be mainly In rebut of that given by General Emory. Colonel Moore testified that no orders bad been Issued by the President to the army, otherwise than through Grant’* headquarter*,** the law directed, with tbe single exception of an Inipilry to General Howard as to the number of officers under his command In tbe Freedmen’s Bureau, lie further testified that tb* President bad not auggested even tbe Issuance ef any orders to tbo army, and tbat General Emory was onlv called to the Executive mansion ou a note written by Colonel Moore, to Inform tbe President ts to tbe truth of the minors of the new disposition of troops la this District. The Impeachment Committee must have been hard run for charge* agatnat tbe Presldent, when It reporUd bis Interview with General Emory ts a high crime tod misde-

17* But when the President claimed exemption from that provision of tbe Constitution which cou\inands him to “ take care that the lawebe fattfilly executed,” and asserted ‘be right to disregard all laws that in hi* opinion were unconstituttonal, Congress was compelled to assert the supremacy of laws, or to admit the existence of this extraordinary power claimed by the Executive.—Journal. As the New Tork Tribune remarks, ‘’the Constitution Is Just now varyjood reading.” While that Instrument makes It tbo duty of tbe Praaidant to “ taka care that tha htws b* faithfully executed,” It lint Impoaes upon him tble obligation:“I do solemnly awesr (or affirm) that 1 will fetthfally execute the office of President of the United States, end will, to the beet of my ebillty, preeerve, protea and datend tbe Conatitution of. tha United States.” This Is J ust what the Preetdent has been doing. He believes, and tbe bast Jurists in tba country bellevs with him, even on* Edwin M. Stanton, that tha tenure-of-office law Is unconstitutional. And believing so, before tba Supreme Court had pasted upon it, b* would have bean fatthlesa to hla oath, to “preserve, protect, and defend tbe Constitution,” If he had executed a law which, in hit opinion, waa in conflict with the supreme law of tbe lend. And the same Constitution which require* him “to tske cere that tbe law* be falthfnlly executed,” also Imposes upon him the duty of maintaining the rights and prerogatives of the office of President of the United BUtee, but Congrew pronounce* this observance of the higher law a high crime and misdemeanor. This radical Congress feels It Its duty to assert the supremtey of unconstitutional laws, and to condemn the President for asserting the aupremaoy of tbe Constitution. That's Just tho difference In the controverey between the President and Congress. All Ik k Natokell. Those who sustain the action of tho Proaldent, In the case of Mr. Stanton, will find great difficulty In getting tha radicals to read tha message of tho former, giving the reasons for his course. The following extract from that unanswerable document sums up the whole matter: Although I have been advised by ovary member of my Cabinet tbat the entire tenure-of-offlce »ct Is unconstitutional and theralor* void, *uj alU-ouich 1 have eXpreaily concurred Iif that opinion In the veto mesaage which I bad the honor to submit to Congress When 1 returned the bill for rcoodtlderation. 1 have refrained from making a removal of any officer contrary to the provisions of the law, and have only exerclaed that power In the case of Mr. Stenton, which, In my judgment, did not come within lla provlaions. I have endeavored to proceed with the greateat c»rcumspectlon, and have acted only in an extreme and exceptional case. I bare sought carefully to follow the course which I have marked out for myself a* a general rule, faithfully to execute all laws, though passed over my objections on the soore of constitutionality. In tbe present Instance, I have appealed, or sought to appeal, to that Jtnal arbiter fixed by the Constitution fer the determination of all such questions- To this course I have been Impelled by the solemn obligations which rests uoon me, to sustain Inviolate the powers of tbe high uffire committed to my hands. Whatever may b* the consequences merely perkonsl to myself, I could not allow them to prevail sgalost a public duty so clear to my own mind and so Imperative. If what was possible bad been certain, If I had been fujly advised when 1 removed Mr. Stanton, that in thu* defending tbe trust committed to my htndl my own removal was sure to follow. I could not have besltsted. Actuated by public considerations of tbe highest character, 1 earnestly protest against the resolutions of the Senate wbltb charges me in what 1 have done with a violation of tbe Constitution and the lawe of tbe United State*. Andrew Johnson. Tbe President, in the body of hla message, conclusively shows tbat the tennre-of-offlee act does not apply to Mr. Stanton, nor any member of tbe Cabinet not appointed by President Johnson. It will be borne tn mind that tbe House on Monday passed tbe resolutten of Impeachment before tbe President’s message to tbe Senate bsd been promulgated, althongh ft was known that such message was prepared and would have been delivered on tbe preceding Saturday, bad not the Senate adjourned before the I’rcstUent’e message reached there.

A Workingmen’* League has been founed !» Columbus, Ohio.

Aktrow Jobksok kkd tha Uepnbllcak Party. The New York World In an article reviewing the position of Andrew Jiiunson, after stating that In no ease can he be the candidate of«the Democratic party for re-election to the Presidency, thus vindicates bis eonkstoocy as a statesman, and his obligations of party honor and fidelity: The rancor of the Republican party against President Johnson grows out of a feeling that be ha* betrayed them. If a Democrat President had don* precisely the same thing which Mr. Johnson has done, be would bavgboen regarded as a miracle of moderation. The outpouring of VRInm against Mr. Johnson has flowedfrom a feeling that he hat betrayed the party tbat elected him. We propose to show, to the satisfaction of all honest men who will attend to tbe proofs, tbat Mr. Johnson baa been, since tb* memorswlnter of 1H60-1, tbe moat consistent statesman In public Ufa. He stands precisely where be stood when he separated from his section at tbe beginning of tbe civil war. With tbe natural Inflexibility of a very tenacious character, be ha* never varied a hair’s breadth from tbe ground be then took. It would be easy for the Republican* to convict him of unaccommodating obstinacy; but tbey have no ground to complain that be has disappointed any reasonable expectation. Mr. Johnson’s obligation* of party honor and fidelity an to bo measured by what tbe Republican* took him for, and what he gave himself out to be at the time of his election. We will examine where he stood then, glance hack at the antecedents which led to hit nomination, and complete tha Inquiry by comparing that position and those antecedent* with hit subsequent course as President. The result will be to show thst ths Republican* have got precisely what tbev bargained for when they selected Andrew Johnson for the Vice Presidency^ When he was nominated, the news was forthwith telegraphed to Nashville, and, In a speech to tbe friends wbo thronged to congratulate him, Mr. Johnson said: “Nextlt [the nominating convention] said, (If I may be permitted to speak of myself, not in tbe wav of vaolty, but to illustrate a principle,) * We will go into on' of the rebellinue States and choose a caniltaate for the Vice-Preeidency: Thu* the Union tarty DECLARED ITS BELIEF THAT THE REBELLIOTTS Status are still in the Union, and that their loyal eltteene are still ettieent of the Unite* States " Without waiting to ha formally notified of his nomination, Mr. Johnson promptly pro. claimed tb* doctrino he maintained on the most Important question tbat could come up during tbe ensuing four years. Whether Ae correctly interpreted the views of tbe Convention Is of no consequence. It U enough that be left the party in no doubt respecting bis own. It seems to ns that his inference from their taking a Vice-President from a rebel State was togtcsl; but, whetber it was or not, Ft* promptness and publicity deprived them of all right to complain if Mr. Johnson’s subsequent action should correspond to bis then declared views. Hshsd the perspicacity to single out tbe cardinal question on which future reconstruction would turn, and the frankness to declare the view he took of It. The Republl. oan party knew precisely what they were getting when tbey elected him Vice President. They slso knew that he was by nature a tenactoqs, dogmatic man, llttlo given to borrow the opinion* of others, and Incapable of yielding bis own. It was this stubborn Infloxloility of temper which ted to his selection as Military Governor of Tennessee. As tbe Republleana knew hi* views, and bad no reason to suppose from bis character he wonld change them, they have no right to call Mr. Johnson a traitor to the party that elected him. Tbat explicit declaration at Nashville was In perfect accordance with Mr. Johnson’s whole course from tbe beginning of tbo war. Before the eloeeof Mr. Buchanan’s administration, Mr. Johnson, like Mr. Douglas, opposed secession, not as a Republican, but as a Democrst. At the extra session, In tbe -summer of 1861, It was Mr. Johnson tbat intro, ducfd In the Senate and pressed to a veto,the celebrated resolution declaring thst tho war was not waged for any puffitese of conquest or subjugation, but tbat when resistance ceased tbe rights of ths State* would remain unimpaired. At the came session he took tbe lead In giving seats to tho new Virginia Senators who had been elected after tbe •ecesaion of tbe State; thus evincing bis opinion tbat a State did not lose Its right of representation by engaging In tbe rebellion. Indeed, to have held any other opinion would have been a renunciation of hi* own right to represent Tennessee when she was In armed rabelllnn. In tba declaration at Nashville, in 1864, Mr. Johnson did not promulgate anew opinion, but repeated the opinion be had steadily held and acted upon from tbe begin ning of tbe war. The Republican* were no more misled by his antecedent* than by hla actual position at the time tbey elected him. Tbey did not select him under any Itnprtanon tbat ha was a Republican, but because tbey knew ha waa a Democrat. Mis nomination waa avowedly a concession to wbst was called tha war Democrats, as dubbing their organlastlon “ tb* Union party” was a similar halt. Hamlin was put aside for no other reason than thst ha htd been a Republican before tha wai r . Tbe oonventlon wavered between Dickinson and Johnson, neither of whom bad ever professed toy allegiance to the Republican party. They supposed It safe to take a Democrat tor VicePresident, inasmuch as the Vice-President has no power. Tbey Intended to have a Republican for President: but tn electing a Democratic Vice-President tbey took their risk. They bay* no right to complain that be carried tho same views into tba higher offlea which they knew he bald when they elected him to the lower, an (Unaccepted tha contingency of hia poasibl* promotion. The most testidloos sons* of fidelity to tho Republicans required of Mr. Johnson after h* became President than tbat be should not bestow offices on men wbo voted for MeOlslIsn and Pendleton. Tble obligation (if It was one) he has scrupulously kept. Ho bad a full right, by party usage, to change his Cabinet and Indulge bis personal preferences In tb* se-

lection of all other offloaa, sc long as ho did net go out of tha circle of those who voted for the ticket on which be was elected. He waived this privilege, conceded to all Presidents by party usage, and retained the Cabinet of bis predecessor. The Republicans have nothieg to coanplaln of. except that he did not abjure the principle* which tbey know him to hold at the Hue of his nomination. ’With regard to hla poltoy, It U simply wbat •very Republican might have expected Irom the dfclarstton made in tba Nashville speech.

poinisa, Dccauso • Johnson should bo President; bat thoy have no reason to be disappointed tbat, being President, be has not ronouneed his former bellof tbat tb« Mates did not forfeit their federal rights by tho rebellion. Tho courao of Mr. Johnson has been a modal of steadiness, consistency, fortitude, openness, patriotism, salf-ssciificlag fidelity to principle, and delicate recognition of all the p’aualble claims of the party which, for electioneering reaeone, •elected a war Democrat for tbe second place on their ticket. There Is no Justice In attempting to disgrace him for their own political blunder. ikprekso Court Decision. The following decisions of the Supreme Court were made on Saturday, before adjourning until March 10: Mary Buell et al. vs. Isaac C. B. Shuman. Porter C. P. FrsxerC. J.: • This was a suit to foreclose a mortgage executed by tbe appellant, a femme covert, and her husband, to secure the unpaid purchase money of tbe real estate mortgaged, the indebtednese for which was evidenced by her. promissory notes. The mortgage contained a covenant of both husband and wife to pay. To tbe complaint showing tbe foregoing rant* the appellants demurred, and she assigns for error overruling the demurrer. It does not appear by the complaint tbat the title to tbe land mortgaged waa in the appellant; hut If It did, the statute empower* her to encumber It by mortgage In which her husband Joint, as be did In this case. It is argued, bowerer, that her notes given for the purchase money are rotd, and that the mortgage being merely tbe Incident, tbe debt secured being the principal thing, there could be no recovery, and hence no foreclosure. This argument overlooks tha fact already stated that the mortgage Itself contains a covenant by the husband with the wtte to pay the debt. Hlseorenaat was oertafnly valid, and none the less to because tha wits gave tha promissory note* tor tho same Indebudoasa. We regard It vary clear that tba demurrer should have bean overruled. But tba court, by tta judgment, directed execution against tha general property of tho appellant tor any portion of the Indebtedness which might remain unsatisfied by the tala of the mortgaged premises. This. It ts argued, waa claarly wrong. But no objection waa mada to It Mow, and it la on that ground insisted for the appellee that the error It not available her*. There was, after Judgment, a motion for a new trial, upon the ground “that the judgment of tb-' court Is contrary to the law and the evtdenc«,” but thle motion presented no question n hatever, tor tho tensideratlon of tha OOQft below. Tbe Courts of Haw York, undar a soda from which ours was. In a great moaaure, copied, bar* gone to almost the extent of holding tbat no question can be considered an error unless It has been distinctly presented to tbe Court below and an exception taken to tho decision upon It; and this Court has gone far In tbe tame direction. It may be ngarded as a general principles, now established by tb* code, to which there ars few exceptions, that a party must first present a question to the lower Court, before be la entitled to a Judgment of the appellate Court upon It. Under tbe operation of this rule there Is little telRP* tattoo to partlas to permit error to go upon tbe record, by their silence. Atterneya arc, in a measure, compelled D become aids to the Courts, In the correct administration of justice, and litigation In this Court,.for the mere purpose of vexatloo or delay, It (really abridged. The question before u* is fully within tbe reason of the rule and must be governed by it. Judgment affirmed with five per cent, damages and costa. Joseph Blackledge vs. William Pine. Wells C. P. Reverted. Elliott, J: butt on note before Jnsttee of the Peace, the note being filed with complaint as cause of action. The defendant filed an answer In several paragraphs, all admitting execution of note, but setting up matters In avoidance. On sppesl to Commoo Pleas Court, the defendant moved the court for leave to open and close the case. This was refused. The Supreme Court hold this to be error, as by confession of execution, tbe note need not have been offered In evidence, and as defendant disclaimed all benefit of general denial Issue, tha burden of proof was upon him. William J. La Rue v*. Simon P. Thompson. Ja«per C. C. Petition for rehearing overruled. Jacob Market, Administrator, vs. Thomas J. Splltcr, Administrator, Jasper C. P. Re-

versed.

Elliott. J.

Question as to application of payments on note and calculation of Interest. Rule for computing, as laid down In Wasson v*. Gould, (9 Blackford, 16,) ts followed. Case la reversed on the evidence. Augustus K. Shirts vs. Jonathsn Irons, Hamilton C. P. Reversed.

Elliot, J.

Suit ts brought on two promissory notes and alto on account for money paid for the uae of tbe defendant, 8300; work and labor done and performed, $800. and goods sold and delivered, 8300. Answer filed In several .>*r. agrspbs, setting up new matter. A reply waa filed, bat the clerk eertlfiee that It was lost. Tbe Supreme Court decide*, first, that It can not !>• urged In the argument in this Court that no Issue was Joined because the reply la not set oat. When It ie certified that

tbe reply was filed and lest.

On tbe trial In the Geuvt below, tbe following charge was given: “If you believe from the evidence that, efnee tb* execution of tbe note*, tbe defendant paid out any money for the plaintiff, with hi* knowledge and consent or upon hie request; that ho has bought note* on the plaintiff, or that he haa sold any goods to tbe plaintiff, you will allow tb* defendant tbe value on whatever be may have proven, If anything, a* a set off.” Tbe objection urged Is to the psrt Italicised, which. It is aalff, contains tbe Implication that tbe appellant could not recover, or be allowed a* a set off, for money paid for tbe use of the plaintiff, unless It was paid with tats knowledge and consent, or by bis request. The instruction 1* decided

to be correct,

untarll

bis knowiedg: or consent, can not,

seoce of any subsequent promise of payment,

be recovered back.

Is another Instruction, the Court said to the Jurv. that “under tbe state of tha pleadings filed by the parties, there being no general denial of tbe complaint, the smounte claimed by tbe plaintiff In his complaint are admitted to he correct, and the plaintiff I* net required to prove them.” This charge Is clearly erroneous. Section 74, of the cods, expressly drdarea that “allegations of value or amount of damages shall not be considered as true by

the failure te controvert them.”

John Arm* vs. Elliot Cbappel. Daviess] C.

P. Reversed.

Ray, J.

Tbe appellant sued the appellee before Justice of tbe Peace. The result was a finding and Judgment for appellee. This judgment was, with tbe coste, paid, and subsequently, within thirty days from the trial, was appealed. The Court followed the decision In the case of Foster vs. Jerolomen, this term, where It Is held that payment of a Judgment Is not* waiver of the right of appeal by tbe Judgement defendant. Jeste H. Fordyce vs. tbe Board nf Commissioners of Montgomery County. Montgomery O. C. Reversed. Elliott,.!. ^ The Board of Commissioners having donated f 123,000 to aid the Indianapolis, Crawfordsvilla and Danville Railroad Company, Fordyce, a cltlxnn of the county, and a tax paver for three year* past, appeals. lie states that a* such cttlxen and tax payer, of said county, be has an interest i.i tbe matter made and decided by said order, donation, and decision, and Is aggrieved thereby. Tbe appeal was dismissed In ths Circuit Court, on tbe ground thatltd'd not allege explicitly tbe plaintiff’s Interest. The Supreme Court decided that ble Interest I* explicitly stated, and Uist the appeal should not have been dlsmtsseq. The cose Is remanded for further prooeedlngSfe, John P. Hunter vs. John Thomas. Warren C. P. Reversed.

Bay, J.

Suit brought before Justice. Answer filed charging violation of a contract by tbe appellant, who was plaintiff below, and asking a judgment for damages over and above the amount claimed by the appellant. This answer was, on motion, ejected. On appeal the plslntlff moved to dismiss “tbe ckso.” This motion was overuled. It Is Insisted that the rejected answer became part of “the case” tn the Common Pleas Court. The papers belonging to the (vise In tbat Court were such a*the aetlon ofthe Justice left as forming the Issues. The Common Rgras could not review •be action of the Justloe, and reverse his action In rejecting the answer as a Court for the correction of error*. If the answer was to be regarJed as a paper In the case, it could only become so by being refiled. This was not done. The appellant, therefore, bad a right to dDmtss the case, and hia motion should have been sustained. Ann B. Sears vs. Elisabeth Dessar. Hendrick* C. P. Affirmed.

R»v J.;

The action of the Court In giving tba appellee tbe custody of her child In accordance with tb* decree of divorce ts sustained. Appellee being the mother of tb* child, it waa not necessary to file tbe decree tn tbe case against the appellant. Tho roturn failed to state tha reason for the change.of persona hav-

State Itfitasa—Columbus is afflicted with garroters and juvenile burglars. —Wheat in Bartholomew County looks,as a general thing, very promising, not having been Injured to any considerable extent by the hard freezes of January and February. —The Inmate* of the Barthoiotaew County Jsll, three in'number, mad* their escape on Tuesday night. The process of making an aperture was novel and ingenious, emwkelng a slight knowledge of natural philosophy. The walls of the building are of limestone, that when heated will break by having cold water thrown upon them. The cell was furnished with a stove, the pipe of which entered a flue In the solid stone work. The pipe waa taken from the flue and the .blaze of tho hot ooal Are thrown upon the stone around tho thimble of the stove pipe bole. When the stones would become suflielently hot, cold water would bo thrown upon them, whan tbey would Hike off in large chunks. This was continued until an aperture sufficiently large to admit of.egrett waa made. —Soulless thieves broke into a smoke bout* at Union City, white the owner lay a corpse within a few foot, and carried away all the meat ha had provided for his family. —A drunken man named John Freeman, was kilted by the car* at Yincenne* on Wednesday nlgnt. —Lung fever prevail* in Madison County. —Wheat, in Franklin County, looks well. One gentleman, wbo is a successful raltor of tbat staple, says his prospect for a food crop has not been better for years. —James Dana, who was injured near Warsaw last week by a sswlog rolling on him, died in a faw days. Ha waa helping to load a log on a sled, when, through aoato cause or other, it dipped and fall upon him, crushing him horribly. It fall across his stomach, and was of suoh weight that it forced the victual* out of bis mouth, and oould not bo taken off by two men, but they were compelled to hitch a yoke of cattle to It to remove It, the log being thirty feet la length and two tost and a half across the butt, —Tbo Lafayette Courier says that at about half-past eight o’clock, Friday evening, the entire tklea being wholly overcast with cloudi, and a deep darkness prevailing, a considerable section above the western borison waa suddtnly Illuminated as with the reflection of n prairie Are, and from the center of this, a narrow perpendicular shaft of glowing red light was displayed, reaching more than half way to the zenith. This shaft showed in strong r*. lief against the blsrknees of the surrounding skies, and reecmbled the tall o( a comet, except that it was of a uniform width throughout ite enure length. After remaining visible about ten minutes, during whloh Urn* It heightened and waned in lie brlghtoees—the •haft and the diffuse glow at the bam faded away. The peculiarity of the long, narrow shaft precludes the poeatblllty that the tpeetaote waa e mere reflection of a fire on the surface of tho oarth; neither eould It have been a part of an aurora borealis, tor In the course of an hour the Northern skies became otear, and there waa no sign of that phenomena apparent. —Tbe nail factory at Greenest tie Is now turning eut one hundred and fifty kegs of nails per day: —A big hog killed In Dearborn County lost week measured seven feet eight Inches tn length, seven feet six Inches In girth, and wslghed eight hundred pounds. —The steamer Romeo was sunk In tho Wabash on Thursday, near York, wherever that Is, tn making her first trip of ths season. She will be raised and repaired. The New Albany Commercial taya that the statistic* of Insanity In Floyd County ■how a turprltlagly large number ol persons affected by this terrible calamity tn that county. Since 1834 there have been sent to tbo State Indiana Asylum from Floyd County the large number of ninety-two patiente. Beside these, we are Informed, a oonetderable num bar of Insane person* hlvo been treated at home. A medical gentleman who bu taken ■ >me Interest In tbe stalistlee of Insanity, informs u* that during tbe poet fifteen years fully one hundred and fifty cates of Insanity have been developed In that conaty, of which fully two-thirds are attributable to physical causes. Of the remaining one-thtrd, about three-fourths were eauted by over-lndulgenc* In alcobolie drinks, aid the balance of tho caoee were traceable to hereditary Insanity. Love, disappointments, and physical debility combined, have resulted In about mvoa cases of insanity, out ot the total cf one hundred and fifty.

nis reque*i. me instruction it oeeiueu correct. A* a general rnle, money vol’lly paid f>r the use of another without nowledg ? or consent, can not. In the ab-

iog the custody of tbs infant as the statute re-

quires, and in this was defective.

Cincinnati, Union and Fort Wayne Railroad Company vs. John W. Pearce, Adams C.

C. Reversed. Gregory J.

Harvey Bond v*. Anton Wagner. Gibson

C. C. Affirmed. FrsaerC. J.

A correspondent of tha Omaha Republican says the Black Hills country, In Dakota, contains 1,280.000 acre* ef as good pine lumber country ns can be found in the West. A.rstlroad to reach that region Is beingeernestly dlscasted by the clttoent of Yankton and

During tho put thirty-thru yurt fifty-one flru have occurred lo London theaters. Eight times tbe flame* got such headway that the housu were destroyed. The eauau ol some of these flru were curious. Eighteen were censed bv gw; fourteen were lighted by stumps of cigars.

Granite found in Mloneuu bu boon tested by the Gsvaramant geologists at Wuhlogten, and pronounced to bo oquol. If not superior, to any in the United States, and fully equal to Russian granite, known w tho beet bulidlag

Sergeant State*’ Tear-H»e march Throng* tho Soa|M With tho flav Special Correspondence of New Tork World. Montoovery, February 21. You may have seen telegraphic mutton, that an ex-soldler named Batee was carrying the flag on foot throughout the South, and desired some fuller account of the undertaking. To begin, therefore, Gilbert H. Bates lives at EJgerton, Rock County, Wisconsin, and during tbe war served os a Sergeant in the First WTsconsl* Heavy Artillery. At tho clou of hoetllltlu bo went home, and after muting some reverses In buslnets, which deprived him of nearly all hi* little store, purchsud •bout live acres of good, dup. rich soli and went Into the grape culture. While thus engaged and having w little Idea of coming South as he had of flying, the ex-sergeant dropped Into the village one evening to get his mall. Some ^Idi-nt delaying the train he waited for a while at theofflee and finally started home, only to remember after going a few step* that he wanted a pipe—a common clay pipe, price one penny—and from the purchaie of this pipe came tbe trip from Vicksburg to Washington City, w hereinafter to be described. Stepping In for hts pipe, our grspist tnnnd tbe usual knot of village politicians bolding high debate, the great theme being, of course, reconstruction. This ww on the 14ih of December Ust, and now let me give the story for * while w related to me by

Sergeant B. h’m«elf:

Most of ’em was ramnant^bds.; had never been In the war and didn’t” now anything about the feelings of the Southern people, or anything of the sort. I directed most of my conversation with one man, and be says: “The people In the South are Juat as bad rebel* now w they ever were. That’s to, Sergeant Bates, Isn’t It F’ No, says I, some may be that way, but 1 believe the greater part of them gave up In good faith and are well disposed now to the Union. “Whoo!” says be, “why, don’t you believe, if the trops was to he withdrawn that the Dig would be torn down and trampled under foot almost before the blue roate could get out of sight? Whr,” says be, d—n ’em, they’re Just like the Injuns on the plains. They arejust like the Camsnchet by nature. Tbey possess no generosity.” Now, continued the sergeant, 1 waa in a bad humor tbat day, not that I often am; generally I’m In a good humor, but I got a littie angry, a little excited. In fact, and I can’t know wbat put it In my bead, but said I, are you in earnest? “Yes," says be, “they’d tesr the flag down and trample It under foot” Well.saye I, I’m a poor roan and can’t afford to leave my family, but. If you’ll give me a dollar a day for them, I’ll go to Vicksburg—1 don’t know what made me think of Vicksburg, p’rbap* because It was the backbone of the rebellion—without money, and then through the South with tbe flag, unarm ed. So after tome more talk, they drew up tbe writings there In regular lawyer form, and we agreed on It. Pretty soon he insisted on my rrceedlng. “For God’s etke give It up, said he, “you won’t get ten miles from Vicksburg;” and be honestly believed and so did the others, and irked to persuade me not to go. The man that made the proposition tried

wswey to my wife sad children in a great many caabS. Ihave gone out In citizens dresa, and gone among all cbmes in disguise, especially confederate soldiers; and they all say, “Give us the Constitution and an equal chance; that’s ail we want,” Ooe old gentleman came up to me. I was resting, and had tbe staff in my hand, and he grasped It and comes np long side me and says: “You’re North mud I’me South, and that’* a* It should be, both under the shadow of the flag.” Whole town* would come out to see me. Soon as the flag would heave la sight, whole towns would turn out and ron—here tbe sergeant grew excited In his reminiscence and half rose from hla chair and waved hi* arm aloft—run tike s charge ol infantry to welcome me and extend the hand of friendship. Before noon, as l would bo walking along, I have had Invitations to dinner all along. In one day there were fifteen (16). I counted ’em. They would run out and say; “Come, sergeant, dlnnar’s all ready and yon must stop and eat.” JTou ace, if 1’U stopped before dinner, I could not hsve got five miles a day. At Vicksburg all crowded out to see me and every body wanted to shake hands, and they crowded around, so the Mayor had to ope? a path through for me to start. Everybody wanted to shako hands and almost every hand had money. I refused all but one man’s hand. I •aw It was white - x gentleman’s hand—it clasped mine sod .i t a silver half dollar. That I kept. At Saiem^ox-Governor Moore —Governor of Alabama, when the ordinance ot secession was passed—wanted me to Uko quite an amount out ol hu private purse, and wanted me to go and stay at hia house, so that it could be seen that the rebels wouldn’t hurt m*. And now, said the sergeant, braklog short off in a most amaaing manner and taking a dip Into polities, 1 tell you the Southerners are fighting negro equality alone; not tbe flag. Don’t you think so? And to this query wbat would your correspondent do but just the very thing he did do, assure the sergeant that qn that point hia hand was as level as hts heart was stout. Receiving this assurance, Sergeant Bates recurred to bit undertaking, and gave • running diary of hla tramp aa follows; Agreement had bean made 14th December, 1867. Suited from Edgerton, Wisconsin, on the 14th January, 1868. and reached Vicksburg. MlsMsMppi. within ton days thereafter. Soon as they knew 1 wee In the city everybody earns to see me, and In particular every Confederate officer in the place. I delayed four days, and It seemed as though the people oauld not do enough for me. They gave me everything—boots, socks, a suit of clothes, and so on. The eitlsens bought the silk, and some dressmakers or milliner* mada It up. ThaMavorgsvamaa latter, algnad with tha real of the olty, commanding me to the courtesies of the people throughout my trip, end Colonel J. M. Partridge, an ex-Con federate, presented me tbe flog in • very neat speech. I left Vlckabqrg at nnon «n the 88th of Jsnuary, tha day befog cool and pleasant when I started. • large crowd, with a brass band, smtogme off. Towards night It snowed, but I pushed on/ creased the Big Black, and stopned that night fourteen (14) mites eat- From Vicksburg te Selma I foBowed the track of the railroad, and the passenger train* would stop as I would meet them, and the conductor and passengers keep me supplied with paper* and give me apples, orancea, money for any little thing on the way, ana so on. January 28.—Stopped at Clinton, Msaia•tppt. Quite a village, and it seemed os though tha whole town turned out to wel-

come me.

January ^80.—Beached Jackson, tba capital of Mlealmlppl, and found quartan provided for me at the hotel. Tbe acting Mayor received me with an gddraM St the capital, and. by request, l left the flog on the Speaker’s desk la ths convention hail till morning. January 81—1 went in and gotthefisgoff the desk. The convention was in session, and roes. They wore white, black, sn i yellow; the ball was filthy; some were dressed sod others poorly; poorly, I mean, for men In their position as member* of a convention. Tnat night I stopped at Brandon, Mississippi, and here there waa a large crowd te reeeiro me. Two dttaens came out on tbe read te conduct me In. A splendid “dinner was prepared for me, and a number came to see, among them General Robert 'Lowry, an ex-Coufederate

General.

February 1—Left Brandon and reached Moulton, Mississippi, a little plana, and here Colonel C. W. Taylor, formerly of tbeCon-

me the hospitalities of

Taylor,

federate army, offered i

his house.

Fe|y*uary 2-To Lake, Mississippi. This Is a small place, but \Jiere was a great turnout. I stopped here by Invitation with Captain Clack, ex-Confederate, and before leaving his wife gave me a horn drtnklng cup mode by b<-r husband while a prisoner at Lookout, and I’re found It about the most uoeful thing given me in tbe trip—so convenient to drink troro the springs by the way. February 3—To Hlokory, Mississippi, and enterUlne^firre by Mr. A. Gray, magistrate. Here, on sceoantnf storms, I remained two days, on tbe second night a large number of old Confederate soldiers came lo, some of them, from forty-flve miles away, bringing thtlr old army fiddles, snd give me a serenade, and shook me by tbe hand. The crowd came lo from both sides of the village, and said there wasn’t a man, woman or child for mile* back in the country that hadn’t heard of Sergeant Bates carrying tbe fl«g. Februsrv 5—Left Hickory and arrived at Meridian. Mississippi, Just on the Alabama line. Waa met here by Mayor Henderson, ex-Captatn Confederate States Army, and tendered the bospltalttlsa of tbe city, and 'pnnd room* provided for me at the hotel. February U—Left MeredWn and entered tbe State of Alabama, with eolore flying, at foui r. M. Waa met there by a large number o citizens, and taken for tho night to the real dance of Mr. A. R. Clay, a large landowner, living near a little place called Cuba. February 7—Arrived atCoatepah, a village, and met, as usual, by a turn-out of citizens. February 8-Arrlved at McDonneir* Bridge, and found a deputation from ti|s citizens of Demopoll*. Alabama, awaiting my arrival. Was taken to the house if Major Pierce,ex-Confederate State*, during my stay. Here I stayed oyer Sunday, 9th. February 0 —Immense number of people earns to see mo. February 10—Left, and arrived at Uniontown, Alabama; whole town out to welcome me; waa tha guest here of Mr. J. K. Hudson, a former Confederate soldier. February 11—Arrived at Selma, Alabama, at five r. U., and was met by a deputation from the citizens of six gentlemen, and exConfederate officers; was taken to tbo chief hotel and welcomed by one of tha committee In the name of the ettiaens. February 12—Stopped orer tn Selma to-day and at btgbt there woe a big meeting; exOovernor Moore and ex-Governor Parsons made speeches. The ball was Jammed, and a great many of the first ladles of tbe ettv were preeent. Thundering applause greeted me when I came In with the flog. I thought the floor would come through. February 18—Another meeting was held to-dsy, and, with cheering, a resolution was adopted about the flag. This Is tbe resolution

referred to:

Resolved, That we heartily approve of

COLft PENS.

each and every principle embodied tn the

of the United States, that we

Conetttntlon

again, aaylng “I’d never get to Washington, that I’d be wiped out, and then all the neighbor* would blame him for It.” But It wa* no u*s. I wi* determined to go fAen, and juat here tbe plucky grspist looked as firm as If he waa at his gun ready for action. Then ho re*iim»d: This I* tho agreement: To enter Vicksburg without money and carry the United Mate* flag from there to Washington on foot, through all cities and towns and by all collections of people, and carry the 11 tg unfurled. Of night* and during storms to furl the flog, provided I passed through no such cities or towns and by no such collection of people. Aod not to travel by night and at all times to be unarmed. To employ, If 1 wished. One person as a guide, but to have no person or persons to protect me day or night, though any might accompany me who desired Voluntarily. One dollar a day to be paid my family In case I got to Washington, but If the flog was insulted or I, while bearing It, the one dollar a dav to be forfeited. That's the agreement, and the way I came to take the walk, and up to the present time, tbe feeling has been intense. Confederate soldiers have come from fortr-fire miles off my line to serenade me and take me by tha hand. In three caeaa women have come with their children and cried, and tbe old men would show tears. Here, at Montgomery, Juet out•ide the city, a young lady decorated the flag with laurel and flowers. Her father, a large planter who auffered a good daal I guess, in the war had hi* cotton burned, a large amount of it, hit gin bouse burned, and the ladles’ carriage fllied inside with brush and turned upside down and burnt by Wilson, or some of them, came out with me when I started, to bid me good bye, and put one hand n mine and oae on tba flog and buret into tears, broke completely down, and It was some minutes before he eould get out bis utterances, The tears run down fats shacks Some thought I might apprehend men In liquor, and of course I’ve met some drunken men, but the most they would do would be to take hold of me. or touch the fl* and ■ay—you know how men in liquor do—thev defied an vbody that Insult that flag or the man that bad It. Thai’s the war drunken men would do—challenge anybody to Insult HerDeputation* from

would

meet me, and invite me to pase through their towns and visit tbsoa; and they have mat

JVo. 25 Maiden Lane, l New York, Dec. 14,1867. J In. my Card of Nov. 1,1867,1 stated that, “for Use purpose of more fully anpply* Isag the wahta of the public, and In order to prevent unscrupulous deaden Doan palming off Inferior and worthtons good* aaHho Horton Cold Pena. I ahnll hfreaftor eell no goods at wheloaato oxfcepE only-io dniy appointed and authorised Agents,” ete. To this pi«" 2h accepting Aganta, great oara haa basn •xeroiaed to appoint thorn who, by longoontlnuad fklr dealing, have acquired a reputation for honesty, responsibility, «*»< probity—men in whose word the public ha-re learned to plane eonfldenoe. Thane Agents have agreed to keep a foil aoaortaoant of my pens, and to sail them at my published prloes. Xhua the public are supplied by them with Juat such pans aa they want, either aa to writing or prioa, and get a full equivalent for tho money paid. Vo agent is appointed to travel from place to plaee, or oan vans tha country, •o that all who want a Horton Gold Fan must gat it from tha Local Agent ac from taaail quartern. Mona need apply for tha Agency except In conformity to tha above, tha libermLdleoount “To Clubs” being suflloiant Inducement to all othera. .ovtdAwmn A. HOMO*.

. ^ mepicAi. z Btei^wnBo£ir>’s

HAIR RESTORER.

CLOCK'S nCElSIOII Mill RESTORER

air te itt original lack; prevent* its

r eruption* on the

aw on bald heads when bald

elegantly perfumed, and contain* no sugar of lead

a splendid dressing;

gold by all Apothecaries. "F. It CLOCK, ChiijLUtj Boston, Massachusetts, proprietor. • ~

RAILINCS, ETC.

WROUGHT IRON BEAMS ' Jk-29X> C38X».I1 JETRSw J UIVIOIV IKX>IV MIUL. rittshnrg, Pennsylvania. rpHK attentioon of Engineer* and Architect* JL Uwaited to our Improved Wrought Iron Beams and Girders, (patested.; in »tuek tbe compound weld* between the stem and fangea which have proved so objectionable in foe old mode of manufocturiag, ore entirely avoided. We •ta prepared So farabh oil sizes at termant favorable a* can baohtateed elewbere. JrordmeripJam 4 dSm fh

regard tbe flag of the Union as the sign and symbol of tho*e prinelplet, and we solemnly pledge oar selves to support the one and up-

hold and defend the other.”

February 14—Left Selma and arrived at Benton, Alabama. There waa a big crowd here, and I wa* met and walcomed by Dr. William* of that place. In a speech, the citizen* giving “three cheers for the flog.” A very nice dinner was prepared for me here, and after dinner a special new canoe was ready to carry me to the other side of the swamp. I arrived at night at the White Hall plantation nesr Montgomery, and received a

very warm welcome.

February 15—Reached Montgomery, once the capital of the Confederacy, with the flag, unharmed, and wss met outside the city by a number of the citizen* and many of the infantry and earalry stationed here, with whom l stayed till Monday morning, 17tb, when tne citizens’ reception took place. I’ve never had any interruption offered me, and have been most kindly treated everywhere along the

route.

With this ceased tbe sergeant, and shortly after took hts leave. For hi* personnel, Sergeant Bates ts thirty year* old. five feet nine, solidly built, ba* a soldier Ilka air, and a steady, pleasant face, with the square, firm, determined jaw that marks the American a* a man auperemloentlv fit to do and dare. When traveling, our walklst wear* a suit of black velvst. Jacket and pants made for him at Vicksburg, a block velvet capon the navr style, large, easy walking boots up te the knee, and a belt, girdle and socket for tbe flag staff. Tbit staff, made o( cotton wood, Is very light for Its size and length, and to it It fastened the flag fashioned out nf very handsome, •tout tilk and surmounted by two heavy silver U**e I*—all a present from the citizen* of -„Vlok»burg. Here at Montgomery, tbe quondam capital of tbe late so-called, tne sergeant met with a very entbuelietie reception, and departed ye*, terday morning, after lire day* of feasting and speechifying and present making. Quarter* wto assigned him at one of the hotels, and a formal reception given him on Monday morning last—brass band, open carriages, marshal* on horseback, and so on—succeeded by a banquet: which banquet was, in the first place, good, ami In the second place largely contributed to by the skill of ■ gentleman of color, late • delegate in tbe Alabama Black Crook, who, Mnee the decease of the “ constitution,” has turned hW attention from government to grills and gumbo. Long may he wave in this Utter department of reconstruction! Wednesday tbe Sergeant ascended to the dome of tbecapitol, aud, over the hslla where the Alabama ordinance of secession was adopted, and the first Con federate Congress met, waved the flog to tbe four quarters of the globe. Thst night a splendid crimson silk ssah,heavily embossed aod fringed with gold, and bearing the Inscription, “From the Ladles of Montgomery,” was presented, and so, after, another nightof festivity, for a ball followed, the ex-Unton soldier, who wss not atratd to trust himself alone, unarmed, penniless, with flog In band,to the “rebellious” South, went next morning upon his way. By some time In April he trusts to reach Washington, his Journey's end, and thence hlea homeward te Mr*. B., and one child about •ix, another, a tiny, wee “ doddle ” of three. Hla way lies by Columbus, MllledgevUle, and Rugusta. Georgia; Columbia, South Carolina; Raleigh, North Carolina; and ao on to Washlogton. Let us hope, without • hair touched, the stout Wltoonsian may make hla statement good—to travel from one end of the South to the other, unarmed, alone, on foot, without money, and with theaters and stripe* in band. So far be bat mat the open palm instead of the clenched flat, and henceforward may all the gods still wait upon his way. An irreverent exchange states that some of the best customers and alien Uve readers of the obscene papers tu Newburg are ladlea. They get them tucked away, at their particular request. In the “ Waverly" and other “neutral” sheets. ^Thare^sw^OOsEiYautgirls out ef employ* J

PREMIUM EXHIBITION#. L X 3sT o o X.)Xsr DiOUHG iSSOCltflOX! , • l? A Magnificent Work of Art

i Stries #f Wffitferffll Exhlhltiffis. w

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GEiVCJINE PREPARATION. « • ^ m -ttlGHLT UOSCESTEATED" COMPOUBD FLUID EXTRACT BTJOHTJ, A POSITIVE AMD SPECIFIC REMEDY TOE DISEASES OF THE Bladder, Kidneys, Gravel and Dropsical Swellings.

rpHIS medicine increases the power of dire* X tlon, and exettestha absorbents into healthy action, by which the water or calcerous deposi-

duced. as

ken by

, by which the water or calcerous deposiand ail unnatural enlargements are re- , as well as pats and inflammation, and U

Men, Women and Children.

Helmbold’s Extract TJuchii, For weakness arising from Excesses. Habits ot DU* tpation. Early 1 ndiscretiont, attended

with the following symptoms:

indisposition to exertion,Lost of power. Loss of memory, Difflculty of Breathing, Weaknerves, Tremotlng, ■'

Wakefulnes

Horror of disease. Dimness ef vision.

Hot bands.

Dryness of the ski

Wakefulnes s.

Fain in the back, Flushing of the body.

Flushing

in, Kruptiom ide of Fallid coi

system.

These symptoms. If allowed to go on, ■ medicine invariably removes, soon foil

Universal lassltui

muscular

us on the face, countenance.

which this

owt

lapfiteiey, Faulty, Epileptic Fits,

In one of which the patient may expire.

>t frequently flat.

k”

Who enn say that they are lowed by those “direful duel

/farms, Memorials, er.d other Premium*.

Valuable

/~\N tbe night ofthauth of AprU, IS V 7 of a wretched miscreant tent Ah coin to hU grove and spread mourn

18M, tbe hand nshnm Linruing, over n If years have

numb

and Artis so*,

sn ta

of the

■ ~j - mi

heon tadnotrioutly engaged in the reproduction funeral pageant, the grandest the world

ever witnessed.

The Diorama

Funeral Obsequies

ABRAHAM LINCOLN

Represents by the aid of over 100,000 moving Mechanical Figures, beautiful Painting* aud novel Machinery, the principal faatnrea of the memorable procession, and must therefore, be of especial interest to every American citizen. This stupendous Work of Art, which was complete l at an expense of over 850,000 and surpasses in'grandeur, beauty and extent nil others, nos beta purchased by on association of gentlemen, and Is non exhibition In some of tbe following eities: l York City, Boston. Hartford. Fhlladelpkla, Baltimore, Washington. Harrisburg. Fittsbarg, Wheeling, Albany, Rochester, Buffalo. Cleveland, Columbus, Dayton, Cincinnati, LonlsvUle Indianapolis, Detroit, Chicago, Mllwaasee, St Louis, Cairo, Memphis, Nashville, Montgnm •ry. Vicksburg. New Orleans. Mobile, Charleston, Richmond, and Sprlngflald. Illinois. Numbered sod Kegistertd Certificates rf Admission will been Issued at FIFTY CENTS each, which win entitle the bolder to one admission to the Diorama whenever sad wherever exhibited, and on accurate Photograph of some one of the reman able scones represented by the Diorn As soon as tha TOUR OT EXHIBITION Atnbovn sdyertls. Is completed an Impartial Awarding Committee will distrlbuMTto the holders of kertifleates

INSANITY 1ND CONSUMPTION ts* z <. •. <; • Many are aware of the causa of their suffering, none will sou less. THE RECORDS OF THE INSANE ASYLUMS And the melancholy deaths by Coos amp tta n, bear oupif witness to the truth of the assertion. The eonstitutioa ones effected with ORGANIC WEAKNESS, Requires the aid of Medicines to strengthen ar Invigorate the system, which Helmbold’s Extract Buch: IXTARIABLY DOES. A TRIAL WILL CORVINCT THE MOST SKEfTiCV.

In. many affections peculiar to Famalei, The Extract Buchu!

Is nnequ ’ 1 by -nr other rem

•r h •- •■ti'-n. Irreguli

edy. as

r, Patnfuln

sis or "h •• ••li’-n. Irregularity, Buppres- u -1 Customary Kvaci

the Uterus, SterlU

the

in Chlore-

e*s or

notions. Ulc

aterlor Pwu.rrus state of the Lie rut, Sterility, snd for nil complaints incidi nt to the>ex. whether arising frem indiaeretloa, habit* of dissipation,

Bnppres

oted<

id fi

tstngfl lathe

Decline or Change of Life. (See symptoms above.) NO FAMILY SHOULD BE WITHOUT IT.

Take no more Balsam. Mercury, or a-it a Medicine fur unpleasant anddangeroua Di, a* Helmbold’s Extract BucbiL

Improved Rose Wash, Cures Secret Bleeatnee

In all thetrataM, at little expei change In diet, no Ineonvenlem

sam- it <■

, Mttleor no

no Inconvenience, and no expoa frequent de.- ire, and gives ate, thereby removing, obstruo-

nc h K

D i O R A. M -A.

iremtnms:

And the following valuable pi

_ 1 Farm of 480 acrespUJ. 8_Boud,81,«*: 1 Grand

Rosewood Plano, fil.WO V. S. Bond, |6Q0; 1 Bom

ms; 1 (ami

Form of EM acres; l

wood Plano. $400; 1 Farm

- - —

of 160 acres; 1 ( nmel hair 8hewl 1 ftl,000; t Diamond Cross, 81.000; 8 Wheels* A Wilson Sewing Machines nt $140 each, 8740: 1 Set Silver War*; 8*00: 1 Rosewood Plano, 8400 : 6 Grover A Baker Sewing Mach I DOS, nt 8140 each. gTBt; I Farm of 80 acres; 1 U. 8. Bond, $100; 6 Singer Sewing Machines, $150; t Diamond Bing. $8M; t U. 8.Bond, $108; 5 Grover A Baker Sewinj| Machines, $7*0;

r Sew in r M »eh_ 1 Piano, $400; 10 Farms of from 40 to SOinerea each; 5 Singer Sewing Machine*, 86*5; 1 eoR Watch, (Hunt.) and chain, 8(00- 1 U. 8. Bond, 8180; 5 Wheeler A Wilson Sewing Machines, $886; B Amestcan Watohes, 8400; 1 U. A Bond. 8100; 10 Farms of from 40 to 80 acres each: 10 Silver Wstchea, (Railroad timekeepers) $1,150, 1 U. 8. Bond. 8100; 10 Farms of from 40 to 80 acre# each; 160 pieces Silverware at from $10 to $80 each, $6,000 ; 850 pieces Silverware at from $8 to $30 ea'h, $5,000; 10 Farms of from 40 to 80 acres each

EfijM . Memorials, making a grand total of 6,150 PREMIUMS!

To be distributed

till cates, each of whom receives Oni to the Dlurama and a finely exec

graph.

gratuitously to holders of cerh of whom receives One Admission

;uted Photo-

HOW TO OBTAIN CERTIFICATES. Orders may be sent so us In registered letters

or Post Office orders, in sums of from $1 to $Z5, stonr risk; larger amount, should be sent in Drafts, or by Express. Certificate* will be furn-

ished at the following

ring

CLUB BATES:

88 cent-;

$4 00 to 00

Single Certlfleatrs 11 Certificates, one address 83 Certificates, one address

48 Certificates, one address to 10 tBt* Prompt and energetic Ladle* and Gentlemen of good CEABACrEn, wanted as Agents, to whom a liberal commission will be paid. Extraordinary inducemeuts aud special premiums

offered.

W*

Agemts,

‘Send for ohf Prlyota Clrcttlor to

Address all order* and comnuuiieaUou* to the lancolm Dlarawnlc AaswemtioMs

feb» ditaw,Sat ISt

No. IS Opeea House.

Columbus. Ohio.

HAIR RESTORATIVE.

FIR8T PREMIUM a* Of • Silver Medal Af WAS AVZBDBn TO _ X . BARRETT’S HAW RESTORATIVE TO W •wjaaggc.TWfc" B AKKETT’M Vegetable Hair Besterattre Restores Omy Heir to Mi EktnntOsisri pro-, * wo> J; R. BARRETT A CO., Prepristsrs, Manchester, e.m. • *

ft 4C$«f

G Sr:2

and «. a

, „ moving, obstruotions, preventing naff earing strictures of the Uretha, allaying pain and inflammation, to frequent la this clast of dlseosot, and expelling aX poisonous, diseased and worn out matter.

Use HelffifeftM’s Extract Bacha! For oil affections and diseases of the Urinary Or-

gans, whether existing in

IWCale or- Female,

.use originating, and no matter ling. Disease* of these organs

or*

From whatever ca of how long standing, require tn aid of a Diuretic. Helmbold’s Extract Buchn! IS THE CHEAT DICHETIC. And la certain to have the desired effect In all diseases for which it 1* recommended. Evidence of the most responsible and reliable character will accompany the^nedlolne.

PHTMCIANW.PIjKASE notice. I make no “secret” of “Ingredients.” Helmbold’s Extract Buchu! Is composed ef Bnokn, Cnbebs and Juniper Berries, selected with great care. PREPARED IN VACt’O, - BY H. T. HELMBOLD. Practical and Analytical Chemist, and Sole Manufacturer of HELMBOLD’S GENUINE PREPARATION.

I

Sold by an DrufgUts. * V -e • i .OSS’ -’T**

Personally appeared before me, an Alderman of the Cltv of Philadelphia, H. T. Hfilmhold, who, being duly sworn, doth sly hit preparations contain no narcotic, no mercury or or other Injurious drugs, but are purely vegetable. H. T. HELMBOLD. ^Swore and sTtbocribed before me this ted d«y*bf ’ WM. P HIBHERD, Alderman. Ninth street, sboYe Iffice, Philadelphia D rrtcest tsiwr Battle, or Six tor so SO Delivered to any address, securely packed from ubservatwa. Addrels letters to H. T. HELMBOLD’S Drag aod Chemical Warehoase, 684 Broadway, New Tork,

OR,

Helmhold’s Medical Depot, IRA South Tenth »t M Philadelphia. Beware #r Counterfeit* AND UNPRINCIPLED DEALERS,' Who endearng te dispose “of their own" and “other” articles on tho reputation obtained by ,w 'x. ' | f _ "* '' '■* ;! ■tlnfcolt’s Geiitiifl PreparaURM. tejgsst- 3 *** i lo MreS iSStfOB* i

CINCINNATI.

Camargo Mamif. Co..| Manufacturers of PaperHangings AND WINDOW SHADES. H. H. BRXKfiMAN, Proprietor. No. 67 West Fourth Street, JanSl d3m CINCINNATI. OHIO.

BOTLE, MILLER & CO., ' DISTILLERS, - I^IDTOXIO’DI^h.XI, OHIO, BONDED Liquor Merchants.

Distilleries, Star Mill*, Peoria, aud Kenton vuuuty, Kentuck

jan21 <19 in

I Jan 1

niinols

y.

PROFESSIONAL.

* JOSEPH W. NICHOL, Attorney and Counselor at Law, (Bee, Nos. l and 8. up stairs. Talbott & New’s Block, Hist building south of thu i’o.t utfice, INDIANAPOLIS, INDIANA, TTfTTLL practice in the Inferior and Supreme Tv Courts of Indixua, aud iu the Federal Court*. flMy 1 Collections promptly attended to.

T. X. M DJNAI.D, A. L. BO tens,

WM. UAZ-DABSOS.

BRrxp ■

Jonathan W. Gordon.

Waller March

GORDON & MARCH, Attorneys at Law.

YETILL practice in the Federal snd State V T Courts. By arrangemeut with the firm of *y. Goidon A March, thev will assist iu closing:

? the busUi*

esn of tuat firm.

Office In New A Taibott’* Bloci, N4, south of Post Office North Penusylrauia street, feb8Sd3m Indianapolis, Indiana.

ivt. IVH. FL ^

ATTORNEY AT LAW, INDIANAPOLIS, INDIANA, TTTILL practice In all the Federal and cute V T Courts. Office in Talbott A New’s Block,

Postoffice. Forth Pennsylvania

nnsylT.m jnnl-dSm

BLACKING.

XO THE L-A-Iaues. THE CIRAOE FRANCAI8

OR

FRENCH DRESSING, Will be used in every family In the country when they And out its good qualities.

Indies’ Boots are made to look a- good Children’t Boots are mode to look as go

‘ tob

a* new.

goon a» new. good a. new.

Travelling Bags ars made to loon as , Trunks ore mode to look os good aa new. It makes tbe leather soil and pliable

It will not rub off when wet ord soil the ski

Be sure and get toe genuine. B. F. BRlAVN A CO., Proprietore,

- Ho to:

rmy a nd Dre

decM d6m eod Tu.ThJ

MILLINERY.

MRS. M. J. THOMAS HA3 BIMOVED HEU Millinery Rooms TT’BOM No. • West Wa-hlngton street to No. 8, J? up stairs. In the tame bull liug where :be will be pleased to meet her old patruos aud friend* with an amide Stock: of Nice Goods, th ' flOTJ leoo dJ

Ld nil the latest styles, at the lowest ca>h prices. fc All work done neatly and promptly.

FARM FOR SALE.

1 SPLENDID FARfl FOR SALE.

A Farm of 56* acres near Galladot Station, In tbi* county XU acres In ttmbermort’y well set In bluegrns*. 2*9 acres tn meadow. 16 acres in corn, oats and wheat; balance a deadening used as a pa* tare. There is a two ttory brick house with ten looms, goed out-bnlidingv. a new barn 9>AI5

»— -nth Scatter Hay Pr«

_htnlngrods. « ore

.tables, I

■nde

r fa

poplar, beech, hickory, wainut, ath and *us tree. Will trad for port city property, balance

:nt houses, and a 8rat.ou House

_ mostly new, running water and never failing wells. Timber wnite aud burr o tk,

nt, aih and »ugar

btningi s. ft Mm ler fex

'ailing wel beech. bl< ViH trod

avh and pai-ment* IfebvOtttw W1L(

UAM LOVE A COMPANY.

FURNITURE. Selling Out jFurmture at Cost!

Cabinet Makers’ Union, No. 103 East Washington Street

tXCE wo have resolved to withdraw 1 the retail busings, we would imorm 1* and patrons, and the puhlin in gem

raw from

our

TTEXCE wo ha JLL the retail 1

irlends and patrons, and the public in general, that we will .ell out our entire stork of UPHOLSTERED GOODS, Cane Bent Chair*, etc., at ceat.

Inside of thirty days.

tSW" Improve the opportunity while yon have

° «TAKK. Agent,

RESTAURANT.

Conrad Lehrrltter. John a. Lehrritter. C. LEHRRITTER & CO., CAPITAL SALOON AIND KESTAI KA-YT, No. 14 Ea*t Waomington atrens, (Martin Hug’* old atand.)

id*. Ale, Cigars, etc., and oui

Uh the be»t

ATTORNEYS AT LAW.

MORRISON A PALMER, Attorneys at Law, fc*rank*«vrt, n*0* C4»«je*t,

menu d Awl or

svmamx.

SCALES.

Fairbanks Standard Scales. W. fl». OAI-K.A'I*, General Agent, No. 74 West Wash. St. INDIANAPOLIS, IND Jylfi dly BUT °“ ly tt0 * enuUlB -

DISSOLUTION.

Dissolution of Partnership,

partnership heretofore existing between J ^rSm^ll»n , rta!l,* ntU '‘ 1 j«* toe old stand, «9 South Illinois street.

mutual usinesa,

TAILOR.

T- K. PORTED, First Class Custom Tailor, N*. $414 East YVaehtnffton Street, Over Braden’s, next door to Trade Palace, INOXANAPOLI3. INDIANA. kla(5 ’ or

SALT.

S-A.LT! S A. T ! :

toe ear loader

aot bn

fob:

n« saie or toe oe^x Larbon or (

1. Also, agent Oo*l Oil. Do Wall ics.