Indiana State Sentinel, Volume 11, Number 31, Indianapolis, Marion County, 1 January 1852 — Page 4

INDIANA STATE SENTINEL.

Decisions of the Supreme Court of Indiana. NOVEMBER TERM, 1851. BjtPonTED roa th stati sijctinel st t bollma. Walker m. Prather and others. Error to the Jenainffs C. Court. This wau an actiooof debt before Kelsey, a Justice. Judgment was piren for the plaintiff. The case waa appealed to the Circuit Court, where the case was dismwuwl fur want of a sufficient cause of action. Before the appeal from the Justice waa taken. Kelsey had resigned Ins otlice, ana uepositea nis uocxei wmi Basnett , another Justice n an adjacent township. His eertiiicate to the transcript shows these facts, and, also, that be had not transferred the case to his own docket. In the Circuit Coait the plaintiff offered to prove, in support of a motion ti dismiss the appeal, by the docket ef Basnett, that the case had not been transferred to br, dock-f. The Circuit Court rejected this evidence. Tartsjs Blackfouv held: 1 That by the Revised Statutes, p. 917, a Justice, with whom a docket of another is deposited, on account sl resignation of office or absence, and a party, interested in a case thereon, desires a transcript, muat transfer sneh case to his own docket J. That it was competent for the plaintiff in this case to show, by the docket of Basaett, that sach transfer bai not been made, and that, therefore the Circuit Court had erred in rejecting the testimony offered. 3. This suit was brought against tho defendants on t ke ka I I ien by Prather as the administrator of the state of the plaintiff's husband. A copy of the bond, and a statement that the plaii.titr was the widow of the intestate, and as snch was emit. ed to certain personal property of the estate, which sje had demanded of the administrator, were iilcd as the- cause of action. Held. That these constitute 1 a sufficient cause of action, under the provisions of t :e R. S. pp 870, 1049. Judsraent reversed, etc. Shultz r. Van Pafen. Error to the Tippecanoe Common Pleas. .... In 134 Shaft agreed with Van Patten to build a flatboat, and furnish a pilot and six hands, to freight corn down the Wabash, Ohio, anJ Mississippi rivers for Van Patt in. He srM to receive his freight at a certain place named in their written agreement, deliver it al such Isaau on these rivers as Van Patten might desire, for which be was to receive 13 cents a bushel, and if the boat and skiff sold for more than $50, Sönitz was to have the overplus. The declaration alledges that Malls provided tit" biat aeeonling to agreement, bin that Van Patrer. refused to furnish the loading, ike. i ordict and judgment for tho plaintiff lor $450. On the trial of the cause tho Judge below instructed the jury, that if they believed the plaintiff was entitled to recover, and if no circumstances were proved by the -I fvltnt to mitigate tho damages, in assessing them they should award to tho plaintiff all he would have made and cleared had he been furnished with-the corn and taken it to New Orleans or other points of destination, from which tite present value of the boat should be dvducteJ. Jodoe PiRXiirsheld: 1. That this instruciion was erroneous, because it placed the ulainlilT in as iroou condition, at the time tho oontract wist broken, as he Ksibly could have been in, i had he msdo a su -c-essl tl voyage. I his wotil l not be enuit able. The olaintilt. when tue contract waa broken, ou:;it to have employed himself to tho best advantage, and to hnvo sold his boat, or have preserved it from injury. IL ought to fSMMlfSI what would have made him reasonably whole at the ti ne SB the breach of the agreement, ail the circumstances of the casu being cocsitiered. 21 Woad. 437; 19 Johns. 513. 2. That this court, nevertheless, cannot reverse the judgment below, because the instruction was not except ed to. A m-dion F t a new trial was made and overruled, 1 anil exception was taken to me overruling oi mis motion, . but that is insufficient, beoanse the error, if excepted to j b'f'Te verdict, m.iv be corrected without expense or trouble, and the jury ngtin retire to reconsider their ver dict. 7 Wend.. 31; 3 Brr, 44; 12 S. &. !.. 679; 6 How. (U.S.) 260; 8 Mis., 606; 3Pilto.451; 26 Maine, 414; 2 Gilman. 245. J i ; j i. en: affirmed, Sec. Burch et al. r. Elliott. Appeal from the Knox C. Court. A bill in chancery was filed ti set asido a conveyance of land, on the "round that it was fraudulent as against the complainants, who are creditors. The answer denied material allegations of the bill. Depositions wcro taken; the biil dismissed by the Circuit Court, &lc. JV.Jge Perkins held, That the esiden.ee showing that John Elliott owed the debts, named ia the bill; that whilst so indebted be

owned tha land therein named, which was mortgaged to , unt,i the neit trm, on motion by the defendant, secure a debt of $500, but worth about $1,000; and that 2. That th oourt ennld not set nsid the verdict of he conveyed this land to bis son, Samuel, without con- the jury, because they had come to their conclusion, as tideration, the court below erred in dismissing the bill, j to the punishment, !y ballot, for the reason, that no eviTho court should have entered a decree setting aside the Hence of that fact was made, except an Jnsufficient afficonveyance, so far as creditors were concerned ; and that davit of one of the jurors. Even if the affidavit had conthe equity of redemption should be sold for their benefit; I tained certain matter, it eould not have been received, the overplus, if any, to be paid over to the grantee of . because public policy will not permit individual jurors aid John Elliott. to impeach their own verdict. 1 Term Rep. 11, 4 Johfis

Uecree reversed witn u;recuons to onier one pursuant to this opinion Wright r. Blaehley et al Error to tl.s Hindi cks C C. In 142. Blaehley and others obtained a judgment against Eden Bales, for $136.20. Execti:irn was levied ea a tract of land belonuing to Bales, and the hind sold for $250 in 1346, the judgment creditors being the purc'iassrs, and the hnd being appraised at $5lX), by tws appraisers according to the Statute of that year. Afterwards the purchasers sold Mi land to Wright, takiug his three several note, and executiug to him their bond, conditioned that a deed Miould be made to him, when the last note was paid. Afterwards Wright purchased the lam! '.rom Biles, who executed a deed to him therefor. Tats action brought upon tha first two of these note, the third one not being due. when suit was commenced. Tne general issue and want of consideration were pleaded. Judgment for the plaintiffs below. Jodtre Perkins held, 1. That tae plea of want of consideration was no bar t an action ou tho first sind second notes, instituted before the third note became due. for the cuveyance of ins land is not their consideration, but the promise to c v v it at a future day. 1 Blackford, 172; 4 Id., 341 ; anJ Gorham vs. Reeves at this tarm. A contract for the conv.-yanci to another at a future day of property to Wiieh th- seller, at the tima pf such contract, has no , title is va.i.l. 5 M. & W.. 46: 10 Id., 355 3. T.tat tho judgment of Black ley and others was a lien on the land, an 1 they reicht have resold it. Their d.cd to Wright wonld have estopped them from enforcing this lien, and as Wright purchased tho land from Bales whilst subject to this lien, the c'cnrancc of it by a deed from Blackley and the others, may be a good consideration for the notes given. Judgment affirmed, 8tc. Doe vt. Harney. 4Bms to the Henry Circuit Court. Ejectment judgment below tor the defendants. The plain'iff sought to eH gaiaa the sale of the lands, made in 133 by an administrate , in pursuance of a decree of the Probate Court, for iwoeaaees: JrVaf, because it did not afirmatirtlif appear thai notice (or the application fsm the sale was made to the heirs; and second, because tha administrator himself was the purchaser. Judge Perkins held. 1. T.iut as all tho other procc"dinir8 relative to the ea e appears by the ren-.d tu have been regular, anJ nothing appearing inconsistent with the fact of notice hav- ; tug been given, in the aben.e of proof to the contrary, euch notico will be prcsumod to have been given in ado. ! metic court of general jurisdiction, si eh as tite Probate Cr rt. H mer e Doe, May teim, 124. Doe vs. Smitu, ! N" v.-ernber t-rm, 1S49. 2. That although it is a wll settled principle in eqtiity. tuat a purchase, made by a trnneo of the property m nts eenie que irmei, win be regarded as bein;? made for the benen o( the latter, it, nevertheless, eannot be te aside, except in c ia,cery, because the trustee is enti Ned to he reimbursed bis money paid, internst thereon, an I the value of improvements. In the action of ejectment such reimbursement cannot be made. 2 John. eb. K. 2A2. An administrator stands in tho same re.ation. Judgment affirmoJ. Baaaet et al. ve. The State nn rel. ef Smelt on, ate. Error to the Cass Circ tt Court. This was an action of debt on the bond of Kintner. as f rmer School C declaration shot missioner to the county of Caw. Tha ia; be was elected School Commis 11:1 r in Hdb. te-eiected in and in 1S42. and that soon :.er oem" re-elected he filed new bonds. This suit is inst, tmcl Ion lhe first bond. Seventeen breaches are assigned. The fint alleges that during his first tarnt ol ciDce I e received from the sale of school lands : targe soms of morv. which be wasted and v.nverted to, his own ose during the trm. and which be did not pay j over to his successor. Smelton. in 1344. The aarniil , aweaehi allege, that be re used to pay said money or any j part thereof to th- t .wr,hip trustees, though they anno. alls drew drafts opon l.im for tha interest, fco. The ---1 I etner ureacues are similar. "''' dnu'rer was filed to the declaration, which ; the eoitrt below avers ale! answer larther, sa interlocutory judgment was rendered, when, by consent of the parties, the assessment of damJwJfl tj rrfere. who. in 147, made their award. The defendant below ssxwed to set it aside, X rt ,rr,io" WM owoled end judgment given for Ja ige Smith held, J. That the first breach need not negative a pavment eer to ht immediate snceeaaor, that n, himsli after be.w no re-elected The averment that he wasted aad converted the money sufficiently negatives any legal settlement which aau!d have aaenar'd to a faithful per.

formance of his duties, and that some of the breaches being good, the demurrer was correctly overruled, as it was a general one to the whole declaration. 1. That the statute (R. 8. p. 791,) authorised the assessment of damages to be submitted to referees, by consent of parlies, after an interlocutory judgment had been entered. 3. That the court below properly rejected, when offered to be shown as evidence, a report of Kintner showing a settlement of bis accounts with the several townships, because proof of the items it contained ought to have been mtde. 4. That no objection could be made to the award because it also contained the amount of damages assessed

in two other suits against Kintner as school commis ioner, the parties having submitted to the referees an adjustment ol the accounts in mose suits uiso 5 That the circuit court in rendering up their judgment on the award properly allowed interest on the amount awarded, from the time the award was made to the date of the judgment. Judgment affirmed. Sec. Kenworthy . John and Arthur T-illis. Appeal rom the Tippecanoe common pleas. This was an action of trespass sgsinst the defendants for digging a mill race and erecting a mill on the land of the plaintiff. Judgment for the defendants. tn 1331, Hocke under whom the plaintiff claims title, executed a deed for a mill privilege to Kiscr, to whom the defendants are heirs. The question rsised is, whether tho deed conveyed to Kiser a lift estaje only or a fee simple. It was l ged by the plaintiff that the words necessary to convey a fee simple are wantina in the premif and the habendum and tenendum, and that the estate described in those parts cannot be enlarged by words of inheritance used in the corenanfs or varantees. k Judge Smith held: That these words used m the premises were sufficitnt to convey a fee simple, namely. " The said Moses Hockett doth hereby bind himself, bis heirs, fee, to ratify and confirm to the said Lewis Kiser. his heirs and assigns the aforesaid privileges," fcc. ; the words " ratify and confirm " not being used in reference to the estate or interest in the thing previously granted, but to the privilege to enter upon the land, See. 2 That from an examination of the whole instrument there was no difficulty in determining that it was the intention to convey a fee simple. Judgment affirmed. The State vs. Burton. Error to the Franklin circuit court. Tho defendant was indicted for extorting 35 cents from Michael Owen. At the time of the extortion, Burton was treasurer of Franklin county, and he claimed this amount as a fee due him for a constructive levy ol the goods ol Owens ior me non-payment oi taxes. It was contended that as the statutes authorized the treasurer to charge the same fees, a constable might for levy and return, and as the taxes had not been paid by Owens until after the 1st day of January, a levy and return would he presumed, although not actually made, under the decision of Roop v. The State, 1st Blackford, 323. Judge Smith held: That the ease referred to was not analogons, for there the consrable had received an execution, had visited the reut on debtor, and collected the money, but .. . . lit a i .i . in this case notinng nau oeen aone oy ine ireasuicr, cxI (.rnt i0 receive tho duplicate and the amount of taxes Tie 59th section of tho revised statutes, page 218, gives tne treasurer the right to additional compensation over Iii1, regular per centajre on all moneys collected, only wben he has p-rformed actual service. Judgment reversed, cause remanded, ke. Benni tt vs. The State. Error to the Riplev Circuit Court. The defendant was indicted for murder in the Decatur Circuit Court, and was tried in the Ripley Circuit Court. Verdict ol guilty and judgment accordinl v. The points urged for a reversal of this judgment will be cn from the questions decided. Jmlie Blackfosd held 1. That the indictment prcperly concluded in the singular " against the form of the statute," although two aets had been passed as to the mode of punishing the crime charged, namely, one prescribing the punishment of death ; the othir, death or confinement for life in the State's Prison. 1 Blackf. 193. 2. That although the transcript of tho proceedings had in the Decatur Circuit Court did net show that an order bad been made granting a change of venue to the Ripley Ci euit Court, yet the following facts of record sufficiently show it. First The filing of the trancript, the indictment and oilier papers in the cause, by the Clerk of the Decatur Circuit Court in the office of the Clerk of the Ripley Circuit Court; and the recog. nizing of the witnesses in the former Court to appear in the latter. Second Tho appearanco of the parties in the latter Court, and tho continuation of the cause there r 47 1 . r. 326, 8 Dowl. P. C. 093. Jmigment affirmed Redman w. Taylor. Appeal from the Tippecanoe Common Pleas. This was an action of trespass for breaking down and treading npon corn. The fourth plea stated that the defendant entered the premises for the purpose of seeding them in wheat w-ith the leave and license of the plaintifT, and that he did no unnecessary damage, ke. The fifth averted leave and license generally. Thereplication to the fourth plea stated that unnecessary damage was committed, and that to the hUh was dein juria. The j iry fonnd for the plaintifT on tho issue lormed on tho fourth plea, and assessed his damages at $6 374; but fonnd for the defendant on the issue formed on the Ai'th plea. The judge below rendered final judgment for the defendant. Judge Perkins held: That this jndgment was correct, the fifth plea being more comprehensive than the fourth; and that the court below, after the verdict was returned, properly refused to allow the plaintiff to amend his replication to the fifth plea. Manville vs. McCoy. Error to the Jefferson Circuit C nrt. McCoy sued Manville for plastering done upon his house. Appel to the Circuit Court, where, upon trial, the jury returned a verdict for the plaintiff for $25. The evidence goes to show that the plastering was to be done under a special contrncf. for a certain price per vard. to be completed by a certain time and in a workmanlike manner; that part only was done, aud not workmanlike, and that Manville procured another person to complete it. but no amount of damages was shown to have been sustained by Manville by reason ot these violations of the contract. The Court below instructed the jury that if the work done was such as Manville could accept or reject at his option, and he chose to accept it, McCoy ia entitled to recover f"r tho reasonable value of the work. Judge Perkins held: 1. That Manville could not complain of this instruction, because he had a right to show the amount he was to pay McCoy for the plaster; ag; how much, more than that price he bad been compelled to pay for having it completed, and how mach less, the part performed by i him was worth, than it would have been, if done in a I workmanlike manner, &c, and to have such amount de- , ducted from the damages found for the plaintiff. Enperiy v. iany, at tms ierm. 2. Tiiat if a mechanic undertake to do work for another who is to furnish materials, and the materials are not good, but the mechanic uses them by the direction of his employer, he is not answerable for any deficiency in tho work, caused by the defect of the materials: other, wise, if the materials were procured and used by the direction of the mech nnic. Judgment afnrmed, etc. Trimble re. the State. Appeal from the Decatur C. Conrt. The Sheriff arrested Sanders, who was charged, by indictment, with burglary. Trimble was surety for his appearance; default was taken, and this suit was a scire facias against Trimble. For delence, be pleaded that the Sheriff had no power 1 te take the recognizance, because be bad no writ of mra- ! mitment, or other process, whereon any amount of bail required was specified, fco. The court below sustained ft general demurrer to his plea, and entered judgment for th Stnt. Judoe Perkins held. 1. That by the Revised Statutes, p. !?9, the circuit court is required to fix the .mount of bail to be taken by the Sheriff, or if this has rot been done, be must alter ar,est has been made, present the writ to an Assoeiate judge of the couotv, who shall endorse theieon the amount, jtc. 9 Tk'.i .ikw.k .u. : me- a uns at 1 iittii'' 11 1 ist ri u iiml b iiiiih izfii in 111 the amount himself, yet it would not be t .ke a r-eoffniEane in an amount which 1 ,iher bv the Cirenit Court or Aaso.i, error in him to had be?en fixed, mrJ sssw viivMii vvuii w na-"l inic allHJKe, mil which had not been endorsed on the writ. he., and as the T I 1 . plea doei not negative the fact that it was so fixed, it is bad Judgment affirmed, he. Wilcox se. Duncan et. al. Error to the Hendricks Probate Court. Assumpsit for money had and received, he., by Samne.' A. Duu?an in his life tune. The pleas were 1- That Samuel A. Duncan, in his life time, did not aaaWtabe, he. 1. That the cause of eetton did not accrue within five years efore the coming into force of the Revised Statutes f 1843 3. That the cause of action did not accrue within six year.

4. That the cause of action did not accrue within six months next before the commencement of this suit, and if the said term of six years expired after the time of the decease of said Samuel A. Duncan, that this action is not brought wVthin eigtecn months after the time of the decease of said Samuel. To the 2d, 3d, and 4th pleas the plaintiff replied that during his whole life time, the said Samuel concealed from the knowledge of the said plaintiff the cause of action, &.c. To which the defendant rejoined that said Samuel did not conceal. &c.

On the trial, the plaintiff offered to prove by his first witness, that in 1842, Samuel A. Duncan admitted to him the existence of a part of the cause of action. Thesuit was commenced in 1849. The Probate court refused to hear the proof, and gave judgment for the defendant. Judge PeHkins held, That this testimony was erroneously rejected , because under the general issue the plaintiff was bound to prove the existetce of his cause of action, and afterwards the issue of concealment. There might be cases in which a court of error would require that the party should show be had other evidence ready to offer, which, with that rejected, might make out his case, but this was not one of those cases. Judgment reversed. Sec. Berry r. Makepeace. Error to the Madison Circuit Court. This was an action of Assumpsit, to recover an excess of interest, paid on three judgments, rendered by a Justice of the Peace, in 1840, bv agreement of parties, bearing 10 per cei.t. interest. Two pleas were filed the general issue, and that the defendant did not receive the money, etc., within one year previous to the commencement of the suit. Trial and judgment for the defendant. The judgments of the Jnstice were rendered against Berry and Williams, and Kindle became replevin bail. A portion of them was made by execution, various payments had been made by Berry and Kindle, and in 1843, Berry paid $300, which Makepeace received as in full satisfaction of them. Judge Smith held, 1. That the Justice had no authority to render s judgment bearingmore than 6 per cent, interest, the only statute, then in force, allowing 10 per cent, interest, was on contract, reduced to writing, and signed by the party to be charged, and that the judgments of the jus tice were not such contracts. 2. That the issue formed on tho second plea ws immatenal.it being authorized by the R. S.. p. 5S1, in cases only in which the u hule of the interest paid is stunlit to be recovered, as illegal .V Tk.i tl.; .iir xrnm r.nrr.r-ilv l.rnnnl.i i,,. o.rr alone: neither Williams nor Kindle need be joined, as the last payment of SOO dollars covered the excess ol interest, which being received without consideration by Makepeace, he is to be considered as holding it tor the . person from whom be received it. Judgment reversed. Sic. Irons n. Hutsey. Error to the Hendricks Circuit Court. The trial of this cause was submitted to the Circuit Court, two judges only being present, namely, the President and one of the Associates. They disagreed, the former being of opinion that judgment oucht to be ren dered for the plaintiff, and the latter for the defendant. The Circuit Court rendered a judjment for the defend-1 ant. as being the legal result of this division. Judge Smith held, That when a cause is submitted to the Court, under the provisions of tho R. S.. p. 731, the finding of the ' Court takes the place of a verdict of the jury. 4 Black- ' ford, 311 ; that when the jury disagree there can be no judgment; and that, therelore, the Court below should have continued the cause for a new trial. Judgment reversed. Ruth Owingsand others r. Nicholas Owings. Error to the Grant Circuit Court. This wns a suit in Chancery, brought by Nicholas Owing?, the bill slating that George W. Owings, the son of Nicholas, in injunction with one Carter, entered two-half quarters txl land; that afterwards, at the re quest of Nicholas, the said George purchased the inter- ! est ol tarter, wiih p oney lurnished by Nicholas, who, alterwards, moved on hall the land, it being divided by mm ana urirge : mat no ueeu was ever mnnc to iicnoj las, he having full confidence in his son George, 8cc. ; ! 'hat in 1847 George died, leaving a wife, tho said Ruth, i and two minor children. r . t i is nuin denied, in tier answer, having any Knowledge ol the facts relating to the purchase, but she believed that I her husband had purchased the interest of Carter lor bia own use; and if Nicholas had furnished the money, it I was in payment of a debt owing to her husband by him, and that a lease, for life only, had been given by her husband to Nicholas, he. The Court below entered a dc- ' : cree for the complainant. Judge Smith held, That this decree was erroneous ; for although the prin- j , cipal facts in the hill were sufficiently proven, yet there . was also proof that in consideration ol George having j paid money for the complainant, tho title to the land ! j should remain in him, but that the complainant and his ; wife should reside on the part occupied by them during i tneir lives. Decree reversed, with directions to dismiss the bill, 8te. Teilinger and wiA vs. The Heirs of James Wylio. Appeal from the Pse-y Probate Court. The bill sets fotth that James Wylic died in 1838, j leaving a farm of 160 acres, and about 5j" dollars worth of personal property more than was necessary to pay his debts- that iho administrator allowed the widow . their mother, to take this property on account of her necessities, and to remain in possession of the farm; that afterwards he gave her of money and goods belonging to the estate about 80 dollars, and that 17 acres of the farm were cleared with the complainant's money, costing them 8 dollars; that in 1844 their mother intermanied with Tellinoer. and since the marriage thev have wasted the property, &c. The defendants, in their answer, allege that the perscnal property left bv the deceased amounted to about 2,100 dollars, and wfiat the widow received was no more than hc was entitled 10, 8tc. A decree.was rendered in favor of the complainants for $187 39. Juduo Smith held, 1. That if the defendants were liable to account for the personal properly, the administrator was the proper person to bring the suit, he nut having yet made fina settlement. 2. That if the administrator neglected to make settlement in due time, or permitted the property to be wrong- ; luiiy taken, tne appropriate rcmeny was againt mm. 3. Thst the rents and profits of the land in this ease, ' more than the widow was entitled to, was not more than sufficient to compensate her for the ronintainance of the 1 children, who were quite young, and whose services i could be of little use to her. Decree reversed, with directions to the Probate Court ! to dismiss the bill. Oxford's Adms. vs. McFarland. Error to the VerroilI lion Circuit Court. This was an action of assumpsit against the administrator for work and labor, and corn sold to the decedent. The evidence as to the labor performed, showed that McFarland was the son-in-law of Oxford, and for a year after his marriage, resided at the house of his father-in-law, and whilst there was seen to work occasionally. The jnrv allowed pay for these services. Judge Smith held, That it was well settled, that a son or son-in-law, iiving with the parents as members of the family, eannot r- cover for occasional services performed in that capacity, without proof or an express contract that they were to be puid for. Judgment reversed. Strong Whig Faith. The editor of the Indiana State Journal is probably the best specimen of strong, unfaltering faith in the omni pounce of whiggery, that is now to be found in all this great country . He says : " We believe a majority of the people of this State are favorable to the measures of puldic policy advocated by the Whig party, and that, if they can be brought to the polls, uninfluenced by any collateral questions, the electoral vote will be given to the Whig candidato for the Presidency ,iext November." Faith like that ought to he able to " move' mountains!' Faith first, that a majority of the Iodianians are favorable to whigtrcry ; faith second, that tbe electoral vote will be given next year to the Whig Presidential candidate! John Tyler's faith, while filling the Aecidtney, in his ability to make for himself a winning party, was but a stale circumstance in comparison-' Cin Enq. A Free-Soil National Convention, It has been arranged br lhe Free-Soil members of Conoress, sball b held next sprinsr at Pittsbnrjr, after the Whiff and Democratic National Convention shall have taken plaee. Among those named as candidates for the Presidency, the moat prominent are tbe Hon. John A. Dix, of New York, Joshua R. Giddings and Jckn P. Hale. Dayton Journal. Death of a Distinguished Man. The Hon. Joel R. Poinsett, Secretary of War under Mr. Van Buren, died at his residence at Statrshug, S. C. on the 12th inst., in the 73d year of his age. Mr. Poinsett was a native of Charleston, and served in the Soath Carolina Legislatnre and in Congress, and subsequently as Minister to Mexico, whore, on a memorable rtcestsiori, k so Imldly upheld our national flag, that the art of painting hs perpetuated the incident. During the days of nullification, he was the leader ef the Union party in Sooth Carolina

An Impossibility. There wss a preacher once, I've often beard. Who lived, I think, some where ' out west ' or ' aoath.' And to the heathen preached the sacred word. Whom bsaven had blessed with an extensive month Wide-spread aa the fame of Uncle Ned. Forever yawning, like the sinner's doom So whiskers could he raise not the " first red," Because to tell the truth there waan't room. A wax, one day, hearing this geniu preaching, Tuushing the boundless might and power of God, Took him aaide when he had closed hia teaching (Ohl by the way, hia name waa Capt- Todd.) " Do you Ihlak God made all things?" he tried; "My view upon that pointfare rather din." " Think that bs cant" the minister replied; I know all things are possible with him." " Thcre'a one thing Isn't, I'll het a mug of elder." " What ia UT" cried Ute preacher in a crack " He couldn't make your mouth an atom wider, Without setting your eara, friend, further back!" Sorrow. The fl.-wera live by the tears that fall From the aad face of the akiea; And life would have no joys at all, Where there no waterey eyes. Love thou thy Mrrnw : grief shall bring Its own excuse in after yeara; The rainbow! tee bow fair a thing God hath built up from tears.

Waiting for Offers. When ladies are waiting for offers from chaps They should alwsys be neat and well dreased. If their heads were adorn'd with prrcuasioun caps. They'd go off in a crowd if bard preas'd. Too Willing by Half. A BOARDING HOUSE SKETCH. Many of our readers will recognize the point of the following joke, which we heatd related a long time ago, but which we never saw in print. It's a good 'un, and will hear re-tcllinjr. While General Jackson was President of the United Statcs, he was tormented day after day by importunate visitors, (as most Chief Magistrates of this ' sjrecn country arc.) whom he did not care to see and tn con. sequence , ho gave strict directions to the messengerat : hi door 10 nl!mil only certain persons on a particular i davIn spite of this peremptory order, however, the attendant bolted into bis apartment during the forenoon, and informed tho General that a person was outride whom he coul J not control, who claimed to see him, orders or no nrdors. ' By the eternal!' exclaimed the old man, nervously, ' I won't submit to this annoyance. Who is it?' ' Don't know, sir.' ' Don't know. What's his name?' ' Beg pardon, sir, its a woman. ' A wornnn! Show her in, James; show her in,' said the President, wiping his fate; and the next moment there entered the General's apaitment, a neatly clad female of pat tho ' middle age,' who advanced courteously towards the old man, and accepted the chair proffered Her. ' Be seated, madam.' he said. ' Thank you,' responded the lady, throwing aside her veil, rcveartng a handsome face to her entertainer. ' My mission hither to-day, General,' continued the fair speaker, ' is a novel one, and you can aid me, perhaps.' ' Madame, said the General, command me ' You are very kind, sir. eral.' I am a poor woman, Gen. ' Poverty is no crime Madam.' No, sir; but I have a little family to care for I am a widow, sir; and a clerk employed in one of the departments of your administration is indebted to me for board to a considerable amount, which I cannot collect. I nced the money, sadly, and come to ask if a portion of his pay cannot be stopped, Irom time to time, until this claim of mine an honest one, General, of which he had fuil Vaie shall be caneellod.' r reallv Madame that is, I have no control in that .... wBV,nw much is the bill? Seventy dollars, sir; her it is." Exactly: I see. And bis snlary, Madame?' Is said to be $1200 a year.' ' ' And not pny his board hill?' ' As you sec, sir, this has been standing five months unpaid. Three days hence he will draw his monthly pay ; and I thought, sir, if you would be kind enongh to' 1 Yes, I have it, go to him again, and g?t bis nolo todav for thirty dsys.' ' Hi' note, sir! It wouldn't be worth the paper on which it was written; be pavs no one a dollar voluntarily.' ' But he will give yon his note will he not Madame?' ' Oh, yes he would be glad to have a respite in that way for a month, no doubt.' ' That's right, then. Goto him and obtain his ntc at thirty days from to-day, givo him a receipt in lull, and come to me this evening.' The lady departed, called upon thaoung lark, dun ned him for the amount at which he only smiled and finally akcd him tc give her his note lo be sure, said he, give a note sart'n. And much good may it do yon, mum.' 1 You'll pay it when it falls due, won't you, sir thirty days hence?' 1 Oh, yes sart'n of course I will: I always pay mv notes, mum, I do,' and as the lady departed, the knowing young gent believed ho had accomplished n neat trick once more ' I wonder what the deuce she'll do with the note? j Gad! I'd like to settle some of the other accounts in the i same way. Hope she'll have a good time getting the J money on that bit of paper. John Smith is rather too well known for that!' And ho tut ned, with a chuckle, to his books again 1 lie oor tfoariiing-nouse Keeper called again upon the General a few hours afterwards. 1 Did yon get the note, Madame?' ' Yes, sir. here it is.' n. 1 . 1 1 ,, , The President quickly turned it over, and with a dash j of his pen wrote the name of Andrew Jackson upon tho j back of it. 1 Take this to the bank to-morrow morning, Madame, i and yon can get the money for it,' he said hiiniedlv. The lady acted accordingly, and found no difficulty in j obtnininc the cash for it at sieht. A week before that month's termination, Mr. John Smith received a note to the following effect: Bank of Washington , 1S32. Sir: Your note for seventy dollars is due on the j 27th inst. at this bank, and you are requested to call and pay the same. , Cashier. ' Ha, ha!' screamed John, npon reading this brief i note. 1 A capital joke, that. Can't cc ne it mum ! cnn'1 no ,,ow! Scar crow left for collection I un'. stand won't d" no go! and John veiy soon forgot it But ' pay day ' came round again and John took his monthly stipend once more, $1C0, from the cashier of the department as usual. As he passed down the avenue, the unpaid board bill suddenly entered his head. 1 Who the deuce, now, has been fool enough to help the old woman in tl is business, I wonder?' said John to himself. ' Gad! I'll go and see. It is all a bum, I know; but I'd like to know if she really fooled anybodv with that bit of paper; and entering the bank he asked for the note ' lelt there foi collection against him.' ' It was discounted,' said the Teller. Discounted; why. who in this world will discount my noteT' asked John, amazed. ' Anybody, with such a hacker as you have got.' ' Backer me backer who?' ' Here is the note, you can see,' said the Teller, hand ing him the document on which John instantly recog nied the bold signature of the then President of the United States ' Soldby Mose" exclaimed John, drawing forth tl e money wilh a hystilic gasp for he saw thioogh the management at a glance. The note was of course paid, and justice was award ed to the spendthrift at once tin the next morning, he fonnd upon his desk a no'e hick contained tho following entertaining bit of per sonal intelligence: To John Smith, Esq. Sir: A change having been made in your office, I am directed by the President to inform you that your services will no longer be needed by this Department. Yours, Secretary. John Smith retired to private life at once, and thenceforward fonnd it convenient to live on a much smaller allowance than twelve hundred a year! Kossuth's View of the Congressional We!come. The illustrious Hungarian chieftain, in two short speeches just delivered in New York, in reply to addressj es from delegations, said that he considered the Con gressional resolution of welcome to have an important political meaning, because an amendment which was offered thereto, declaring it to have no political meaning, was rejected. Dayton Journal. MARRIED, In Bedford en the t"th inat.. by Her Sampson Tiucher, Mr Jas C. A-i ir n to Mia Cabolixi Mi renn t.. both nf thai plaee. On tha 90th inat., by Wm. Sullivan, Esq., Mr. Gao Hsaaon and Miss HaairsT PltasoK, both oi Marion county,

THE BIO PLASTE. J. H. VAJEN, NEW HARDWARE AND TOOL STORE. HAVING permanently located in Indianapolis, on Washington street, four doors east of tiie Wright House, and next door to the Stare Office, and having furnished bis establishment with a splendid assortment of HARDWARE AND TOOLS, is prepared to furnish them to customers on the most reasonable .erm His stork consists of Builders' Hardware, Carpeuters'. Coop ers', Wagon Makers', and Cabinet Makers' Edge Tools of every variety and description, which he warrants equal to any purchased in the west. He is also engaged in manufacturing PLANKS AND EDGK TOOLS. Also. Picks, Shovels, Forks, Hoes, and other articles for F A large variety of House Furnish inr Goods, Nails of all sorts and sizes, Hinges. Screws, and Door Locks of a superior quality, and m short every other srucie which ia usually to be found ui a hardware estahltsnmeut. Having been engaged in the business for s period of six years in Cincinnati, he feels himself warranted in saying, most positively, that he can and will give entire satisfaction in quality as well as prices of goods. Customers are invited to call and convince themselves of the truth ol' wbat he states. Call aud see. no v M-I yd-w8w aj fl alfealfc REWARD! Runaway from the subscriber, living 55 M. w9 five miles weit ot" Cotton Gin Port. Monroe county, Mississippi, ou the 13th day of July, 1851, s negro boy, named Billy, twenty. four or tweniy-five years of age, dark' copper colored, about five 'cet leu inches high, weighs about H, or 170 pounds, has on his rig " heek, near the corner of his mouih, a scar occasioned by a burn, about live size ot' a qua tcr of a dollar, aud when excited has a considerable stoppage in his speech, and his voice rather feminine. I will give the above reward of One Hundred Dollars to any person coti6ning said Boy in any jail, so that I cun cet him. THOMAS K WILLIAMS. Novemler 91, P3L dec5-dAw3m Commercial Institute of Indianapolis. W. IcK. SCOTT, A. H.. Principal. THIS INSTITUTION is now permanently established, and it open at all times for the reception of Pupils, and us rooms having been recently filled up with all the elegance and convenience of the best Cincinnati College, now furnishes advantages equal in any Institution in the West for a full and thorough Commercial Education, whilst the cost is little over one halt' of others. The Studies of the Full Course sre those necessary for a complete and thorough Mercantile Education, and compreheuds four distinct Claues of Subjects, to-wit: FIRST C L A SS Dot fli Estbt Eoob Keepixc This embraces the science of Book Keeping by Double Entry, and its application to Wholesale and Retail business by sole traders and Partners, Hank. nc. Manufacturing, and Domestic Mnpping. and Commission, I Steam Boalmg, and Foreign Shipping and general Commission busmess, incliatiii-t Ihe method of keeping the various auxiliaiy books, as the Cash book, Bill book. Bank look. Invoice book, Sale book, Grain Ixiok, Outward Invoice hook. Account Current book, A c. TIIE SKt'OND CLASS embraces the Laws, Customs and Usages of Trnile and Commerce. I THIRD CLASS Mkuc at;i.e Arithmetic Embraces Calculation in Interest, Discount, Ioss and Gam. Commission and Broker. age. Equation of Payment, Direct and Indirect Exchange, dec. ate. on the new an. I improved method of Cancellation. FOl'RTi: CLASS Commercial Law Em I -races the Law, &c., relating to Sole Traders, Partnerships, Corporation, and Principal and Agent, Bill of Exchange. Promissiouary Notes, dec. Marine. Fire and Life Inurrnnce, Contracts v ith carriers, ftr hiring and service, of Sales and the nature of Guarantees, and lastly those emedies which lie in a measure, 111 the hands ot the Merchant himself, as the Stoppage of Goods in Transit, Lien, dec (TJPiice of Cards of Admission to a Pull Coursa, occupying from 8 to 12 weeks. 00. pre-paid or secured. A PARTIAL COtfUSE, Embracing ilie Scientific part of the Full Course as illustrated in 5 different sets of Hook, togrlher with Lectures on Mercantile Arithmetic and Commnrcial Law. can be taken t auv time, leaving it optional with Hit- Pupil Merthe completion cf the Partial Course to continue through the Full Coarse. lT7Pnce of Cards of Admission lo Purual Course, f 12.50, pre pawl or secured. IL"X atlmitiance as a Pupd in c ither coarse without first ollaining a Cant of Admission from Ihe Principal. LECTURES on Ranking, Political Economy, and other subjects valuable to the Merchant, to be known, will be delivered throughout the Course A Diploma granted only to those who may pas a satisfactory examination m Ine completion of a Full Course. The best nme for commencing either course will lie the first Monday of each month, although Pupils are admitted at any time. Hrport cf tkt Board of Eramin'rs. May 20. 1851. We, the undersigned, (by special request.) acting as lhe Board of Examiners of the Commercial Ins: lute of Indianapolis, do certify that we have attended the rxamaiaiiou of the prese t graduating class of saiil Institution, and find said class as well acquainted w ith the elementary principles of Double Entry Book Keeping as could well be expected, their age and opportunities of actual practice consiJered. We believe them lo have received from iheir ntesent Instructor, ihoroi ah drill. ne m this all iinnortaul branch of'CommerI ciat Education, which, if steadily observed und properly practiced j upon, will render them able accountants and vuluable citizens, and we would recommend that the following named members of the pieent class receive Diplomas, to-wil: James B. Weeks, John M Dorsey, Ilezekiah W. Roberts. Samuel J Alorri. Joseph R. Ilauglt, John T. Feigusou. Ucorge W. Dorsey. Nicholas McCarty, Jr., James T. Brown, und Tvra Montgomery. And in conclusion we would congratulate the citizen of Indianr in now having it in their power to patronize a home Institution cf Commercial education where as much information, in asahortaiimt snd nt far lss uxpense. snd anxiety of mind on the pari of parent; and gnardians. can, and we believe will be imnaited. a nt any olhti similar I usi.tulion iu the West. H. P. MORRIS, DAVID WILLIAMS, WM. SLI.MVAN, C. B DAVIS. BUNJ. L. LANG. rxDiAJtAfot is. May SO, 1P5I. N B It shall be the aim of the Principal to furnish nil the rac uales of this Institution who may desire it. wnh immediate employ mem; he therefore requests business men in auv part of the Stat, who may be in want ot good accountants to inform him of the sam slMing all particulars, aud he will try and send linn one well quati fiv.t in ttci, ucittar. (TJ Arrangement have been made with one of the largest a no . be-l Boarding houses In the City to Umrd and lodge nil l!,e Student I from .inroad at (XI per week, ssakins ine enure cxpene of lxard. j inc. Tuition and Stationary, about 94Ü.DH, the pne? of Tuition alone j in tne i.mcuinnii i oueges juiyw-Iyuiw TfATEW HARDWARE STORE. New Firm asp Nw Goons! ' J The inlwcrilters have iusl opened an entire New Sun-It of i Hardware, comprising the latest styles and most approved pattern of house trimming of every description. Builders will please do them the favor to call and examine quality, prices. Ac. Farmers can also le furnished with almost every STricultnral im- ; plemeni. m Ii o shovel, pades, hoes, axes, and scythes, hay fork, paaSa cradle, sicklca. tie. Ac. Carrwineis. Joiners. Coopers. Masons. Carriage and Cabinet Ma j ker. Black. While, ami all other Smiths, and the invitation is ex. tended to the entire alphabet of names in the city mid surrounding country, to cat! at the sign of the Gill KUpliaml ami Cock S.vt. souli side of Washington atreet. opposite D. Craighead's, and examine ! goods and prices. In addition to the shove, they will keep for sale a good stock o. assorted iron, steel, and nail. Also, continue to manufacture cop. per. tin. aud sheet iron ware, and do all kinds of job work in their line to order; and lastly, thev do not intend lemj outdone iu lhe selection of the most approved kind of Cooking luve, warranted in please, or no sale. Beiug well acquainted with the latest improved patterns made in New York. Pennsylvania, and Ohio, ami having had twenty years practical experience in the sale of stoves and Mher merchandize in the hardware trade, thev hope to please ail who may favor ihem with a call. WA1.N WRIGHT st BRO. Indianapolis. Sept. 21. !s0. w. I" IGHTNING ! LIGHTNING! ! LIGHTNING !! '.-The uh--ii-i having put up several thousand feet of James Spruit's Cincinnati Lightning Bod in this vicinity, is tili prepared with a Isrgv quuniity of Rods direct from Cincinnati, ami good experienced hand lo put up any quantny.it short notice and at the moderate Saite of 1(1 cent per bat, or he will sell lhe Rods si cents per foot, ami lei the purchaser pui them up hunelf. Always on hand at Ihe sign of the Big Pad latck und Cook-Stove, by HENRY S. KELLOGG. References: Capt. Voorhe. C. W. Cady. D YnndeS, J. L. Ketcham. ami J D. IVfrres Ksqrs . and the Trustee of the Deaf and Dumb Asvlum. uilge Perkins. Messrs R R Underbid, J W. Holland. Di. Badard. hih! D. Craighead. aus2S-"v 100 AGENTS WANTED! ! ! TBO circulate, by subscription, a new and very rapid setting and M. beautifutlti dlustr ted work entitled ' Historical CollcTIORs of the (jREAT WEST: aesUamitig .Va-rn n of the most important anrf ikwaStSSSfBSJ erenfi in ll'rn H'StoryHetnarhailt Individual Adventures le - ui o'" Frontier Lift DsssrSsSSM of Anturnl Curiosities. 'c. lo which is BMeS ded MkasnrtSSM nisi Descriptive Sketches ..f Origow. tote Merictt. Te.rns. M'nnrss ta. fa A and Californ.o; by Henry Howe, Auliior ot Hi. Col's of Virginia. do. Ohio." Intelligent and energetic men vho will canvas in all oaffier. will I: enahleu lo earn from 40 lo 87 pc dav .Noue ned apply except such as can advance the rasa for (roperly when ordered A capita! of fiom f40 to Slfsi a) ,11 bt. sufficient. Apply by letter postpaid or in person to Henry Howe, al E. Morgan & Co!'. Ill Mam Sl.. Cincinnati. aept0 Imw IjsjXECUTOR'S NOTICE. The tindfr; nod ha takrn 4 letters teatnmentary on the estste of Samuel Lewis, nut de ceased, late of Hancock county. All prisons having claima against said estate art requested to p event the same, properly authenticated for settlrmsnt, and all persona indebted to aanl estate will pleaae make immediate pavruent. HENHY N. THOMPSON, Xux. ST, 1P51. C6-w?w Executor JAMES HARLAN ATT0ENEY AT LAW. aegO-lyw IOWA CITV. IOWA. TEW STORE AND NEW GOODS Aaron D. Ohr A Co.. Ifcrge and well selected stock of Maple and Fancy Drv Goo I. Boot and "hoc, Hat Caps, Bonnet. Groeres. Cotton Yarn dtc. lo which we would respeclfullv call the alieiition of lhe cit xrns of In dianapolis and surrounding countrr. These fiood t av. been pur chased at extremely low prices, and we wou'd part cub r y m ",ir rou"lrlr "iend if they want Ktu and Cheap Good, u giv ivile e . -.ii Arter an alenc of two yearto that fWrnou and Golden Country, ; California, we havs returned to our old home whe.e we intend tt etile id' !;, provided our mends wid cive a- t eir asitanre. AARON D. O'llf. WILLIAM BRADKN. try P top at the Mvonie Hall. imtl wtf TRENTON FIRE INSURANCE COMPANY. CASH CAPITAL OF $130.000. THE andersig-ued has been appointed successor to A. W. Voa aia, K-q.. deceased, a aceni lor said company, aud is piepared lo bike ri-ks against casualt es by fire. The well known character of llii company, at.4 its pr mptitude heretofore in adjusliua; i l we a. furoifh an ai,rniice to ihne arsM mav insure in it tl at losses will he certniuly and promptly pa-t. fiulisfaclory reference, here aud elsewhere, will !e fj'veu to all who may wish to inquire further aa to the ability and promptitude of the company. octasr-dAwtf A I.BF. RT O. PORTER, Aaem. spEMOVED! REMOVED ' REMOVED! THALMAN A EVANX have remov.cl tlieir rs-eeery Store iwo doors eat of the VVrttrrit Houe. where they will lie pleased losee all Iheir former friends aial customers Havinr enlarged our hustues. mir Ose line are uch aa l mahle us to sell a low n can he houtht in the west. We luviie all those in wnnt of Dry Oonds, Groeeries. Ilantwar-, Hoots and Shoes. Hat and t'.-p to giro u a call, aa we hare lerminctl in sell cheaper than the cheanest. srp3-fim WmrnrE3 AND BRANDIES. Pure Port and .Malaga Wine; V r 8 pipes Rochet! and Coniiac Brandv: Jnl received from Philadelphia, nt V C IIANNA CO. AHJS 100 kegt assorted aire, cheap at ie aeplä V C IIAXNA A CO '. fISSOLUTION. The partnership hrretof -re evt njr t B. K Mver mid P. D Cook, in Ihe c'othint hiiinea hetwern lii thi dav been di.rwVel hy mn'nat consent. The ti'tie will bcesfVr h continued by B K. Myers, who is authorised f ' a'' tm-es an I accoum. II K M v FRS. Dec. 1 . 1851 deeü D D. POOK "avr ALLS, ISO ken Nail and Brads assorted size, received and j.K fcr sale by deciT JOHN W. HOLLA VP

SIOW or

V .JSSi. ,y

MUSKINGUM WORKS. DOUGLAS, SMITH A- CO.. Car Builders, General Machinists, and Iron Founders, CORNER OF MARKET AND THIRD STREBT. 7.ANESVILLE, OHIO, HAVING completed their arrangement for doing an extaaeiva business, are prepared to cous tract, at short notice, all kinds of Railroad Cars, vis : Passenger Cars, ot all els Mail, Iiaerae, and Express Cars. Freight. Platform. Wheat, Stock, Coal, (Travel, and Hand Cars, and Trucks of al descriptions. They are also prepared to foraisa Chilled Car Wheels of any pattern Wheels and Axles fitted and finished Snow Ploughs and Tenders made to order. a Springs. Boxes. Castings, and Bolts for Cam. Jack Screws. Switches, aud Switch Stands. Wrought and Cast Frogs. Cast-iron Railroad Chairs. Turn Tables, and all other work required by Railroad Companies. They also manufacture all kinds of Stationary and Boat Engines, Boilers, and every description of Mill Work. Shaftings, Coupling, Hangers. Lathes. Screw-Cutting Machines, der. Wood Machinery, such as Daniel's Plaueing Machine, Boring, Tenanting, and Mortising Machines, Circular and other Saws Bridge Castings, Bridge and Roof Bolts. Water and Gas Pipes, Cast iron House Fronts and all other Castings. They are prepared to do all kinds of Jobbing to order, either ia the Machine, Forge, or Foundry departments. They manufacture Landry's Safety Railroad Frog, and Wheeler s Switch Stand. This Frog and Switch are bein.- generally introduced on ihe New England snd Eastern Railroads. They are also extensively engaged in constructing to order th justly celebrated "Indiana Brau Separator " Will execute lioth laiga and smsll orders with promptness and dispatch, and having in their employ Foremen and Workmen of the first order, they can give an assurance to those who patronize their establishment, of fidelity in the execution Ol their work, upon as favorsbic terms ss my other establishment iu lhe eoui try. We refer to our Cars mow rumiing ui on the Central Ohio Railroan for specimen of our work, and to Thatcher, Bait St C., ass Cleveland, for whom we have done a large amount of Brulga Work for the Cet.tral Onio aud Akron Branch Railroads. 23-w3m ASTROLOGY. TIIE CELEBRATED DR. C. W. ROBACR, Professor of Astrology. AMronomy, Phrenology, and Geomancy, combined with CON Jl .RATION, from Sweden, office No 71 Locust street, Philadelphia, oder bis services to lliecitizeiu at Indiana. He has been consulted by all the crowned heads of Europe, and enjoys a higher reputation as nu Astrologer, than any one living. Nativities calculated according toGeoniancy Iadie Gentlemen 96. Persons ni a dislanc can have then- nativities drawn by sending die date of the day of their birth. All letters containing the above fee, will receive immediate attention, and nativities sent lo any pun of the world, written on durable paper ; and lie is preparsj to make use of his power by coniurnttoti. or. any of lhe follotvim topics: Com iship. advice given for the successful acconin-'ishiiient of a wealthy marriage , he lias Ihe power lo redeem such aaar given to the free use of the bottle; and for all case of hazard, and fyr the recovery of stolen or lost property, ami the purchasing of lottery tickets. Thousand of the above-named cases have been done m this city and it vicinity, and in the t inted States, to lhe full satisfaction of all. 10. DUO Nativities or Horoscopes have teen cast during; the last four years while here. 1 eller will answer every purpose, and will do as well as to call in person and the mail i now so safe that 'lerson need not fear lo irust money through lhe Post Office. Dr. Robaek receives from 500 to luUU leuer monthly, and has never missed one. All elters will be religiously attended to, as aforesaid. For more particulars, rail al the office of the Semmel and get aa Astrological Almanac, gratis. C. W. ROKACK, No. e, White street, New York City. Sy Be particular to mention the Post OlBee, count y and State. 7 All communications kept religiously secret. felttt PEORIA EYE INFIRMARY AND 0RTH0PJEDIC INSTITUTION THIS estsbl sinnen! is ju I romp'ettd. and will be a permanent place for Ihe rtceptiou of all putieuls wishing 10 undergo treatment lor diseased KYKS. as well as tho-e desirous of leiiig operated on for the removal of all varieties ot DEKOR l 1TI F.S. such a long standing Dislocations. Club-Riot, immobility of lie Lower Jaw, etc., otc. The building is in a beautiful and healthy local ion, in the western border of the City of Peoria, where j ant nt can I accommodated with comfortable room, boarding and washing, ach a corresponds to each case. Every instrument and apparal us calculated la carry out the designs of such an institution, is provided, and m the Ortnopeedic Department several cimiely original ones are used, some of which in Club-foot of young children frequently obviates the necess.tv of operating by the kiufa. Tbe design of the Eye Department is more particularly for tha treatment of those patients who. under a less nisi itiicm thau can I pursued at such an iiistituuon, would be for the most pun incurable. For further information, address E S COOPER, M. D. feona, Illinois. REFERENCES: Joaiah McRnberts, Esq , Joliet, Illinois. Hon. T L. Dickey. Ottawa, III. lion. I . P. Walker, V S Seuator. Milwaukee, WuKsnsin. Hon. David Davis, Bloomiiigtou. 111. Hon. Win. Kellogg, Canton. 111. Hon. S. II Treat. Springfield. III. Hon. John Moore. Springfield. IU. Hon. A Lincoln Spnngfield.lU. Hon. E A Hanncgau, Covmgton, Indians. Hon. Wm P . Br) am, Ex Chief Justice of Oregon, Reekvifle, Ind. Hon. John G. Davis, Rockville, Ind. Hon Wm McMurtry, Lieut. Governor, Henderson. III. Hon. Wilson Sbanon. Ex. Governor of Ohio, St. Clairsua, Ohle. Gen. A. (iridlev, Kioomington, ill. Gen M. K Alexander. Pah. III. Bishop L. L Hatnliue. Scheuet tdy, New York. Piof Chas A. Pope, St. I.oui. Mo. Prof. J J Jackson, New Orleans. Ma or Frank Vor:. Peoria, HI. J. C. Fye, M D . Peoria, III. R. Rone. M. D., Penna, III. E. M. Colburn, M. D , Peoria, 111. John S Hamilton, M D. Pcona, III. A. Simpson. M D . Peoria. III. A. G Oshun, M. D.. Peoria. III. Nath. t Tucker. M D. Peoria. WL Wm. R. Hamilton. M. D.. Peoria, UI. Wm Sperr). M. D , Peoria, III H-s. Excellency. Joseph A. Wright, GorernoT, Indianapolis, In4 ssts feoria, Novemlier 1, MR. !!5-wly JOHN OK A NE A- SONS' NEW BOOK STORE. m TE announce to our friends, lo Booksellors. Country Merff chant. Teachers. Professional Gentlemen, and book boyers generally, that we have opened in Indiauapol . Marion comity, Iu. diana a n.tw lfcok Store. We are prepared al any time u supply the trade, in 'arge or small quantities, wiib an entire new mid fie-h stock of Books .iikI Slat lonerv. We keep always ou hand a large and complete as nrtnieut tf Miscellaneous. Theological. Law. Medical. Common School, and Oaxsical Books, together with a full slock of Staple and Fancy Stationery. We are confident il would be to the interest of Coantry Merchants and all other wishing lo purchase book to give a a call. All order thankfully received, aial we aure those who send that they will be filled promptly Particular atteiiiiou paid to order by mail or oiherwi-e ! juii.iiti oi - une Beeswax aiay Rags wanted JOHN O'KAN'E 4t SONS mayülwtf No 4 N orris Building. umUi Okl Fellow Halt. ä A CAKD. Messrs. y aniioum-ng tome con fSfcparcd to receive ord ' 1 Macditv. (inclndinff tin A CARD. Messrs FIELD dt SUlAN take Otis method of com in a ii 1 1 v at larce. thai thev are now praortlers for all kinds oi'Phaim having every (tticludiucr the Itest ot rs'Wcr ami machinery. 1 thev enu and will manufacture n cheap h any es l iol.menl in I lie I'mon II. .1.1. Hall. Office, ore. fUriuhd with a superior art . e of Arm-Onrs al price lo uil lhe age All onler from a distance will meet wdh prompt ai'entirn. Country dealer will if -npplietl al pra-e which will ninre litem a gm! profit Room on Washington lreel. nex door tm Bn-dle' Aih -turn Room All wotk wan anted. N. It The highest price will lie paid for Poplar. Waluui, and Maple lumlier, IlK-kor) and Maple turning limber, dec. julyl'J wly The Greatest Discovery ef the Age DB TBASK'S MAGNETIC 01 T KENT, TOR Infi irrriior) Rheumatism, this Oitiimeul is ihe moat cornSi p'de r. iiu, ever prtpares'. In ! e.iscs out rt HXI it Wat afford emire ndief to ihe worst of Nervous llendxcl.t in 30 minuteFit Ncrvou D sea -es. Bei liot.s of lhe Spu.e, Uaiueiics. UUlU f . 4c. il I ol ilniueii-e nluc. SWELLED LLMES. If any of our Indies are arHi letl will, a s we' led Limb or Milk Lea:, aa il ia someiiuw called, (a i nipnom il at in n females are auhjccl lo, after ciii'd-bnih. aial which at mteu assess ed lor years,) wt would say loatl SSJch ge a Ih itle ol Trak' Magnetic uniiineiii. win ii wni enei I n cenaui ami p. rniancm i ure Price i.i and .fc ceiiis rr Imi e .'n il who ale and retail by Craighead A Browning. Tomlinson Brother. Imln-nspo s, L Kd wards. Gr-ei 6ehi, W iry M Lry, Kniahtsiowi.; !!tsoii A We'ls.rn . (haasjac J. R Brack B A t" , Cambei ud aial bv uc Agent in euch ri'li.ge n ibe Stale oc l-lyw 11 7. r KRIU'0.. Tiav Agent MITCH K I. I. A IIKli T II K R , Wh"'cHie and Retail Dtwatss in P0MER0Y IRON. Warranted to be of a auperlor quality. Naila, Steel, fpriuc, Ash. Anvi a. W. BVIiou- sg.Hi-boaeay. Plows. St, el an! Cui Mou d I A Tliev 'SO keep on hand a larce vareiv of I'vHI.i H AND COOKING TO KS Of the latest pattern, ami of super or quaint ami finish Aa. Sö. Mam St.. H'eW Side, ikr-e dnoe SW Court. july7fimw CINtlWArt O. i ATS ! HATS ! ! HATS ! i K i. i.l.NMS ....Ki re2 fc iMfcifuliy .ufoim iIk i ubiic ti at he I iet iccciv in In Fa. I t and Wiiner slock ot Hats nimI t 'ap. cHisilmg ol e.ery style M-.4 ; qua'itv of Moekiit, S.Ik. Fur am! Ant"'a Hat. Silk Push. Mohair j 1'iush. tot t. hi Plush, Cloth. Iter. Int. Seid, iii-knil. Oll t loth, j Silk aial VelvelCaps, for Men's. Youth's ami Infai.l' weer, in . iU I less quantiiu s. .ind l.e l a- no I e-nxtion lusntnaj ibi-i this the largest, lrt. cheapest, and iikisi geneint um M cf Hat. ail i apa ever offertsl in thi market and miy invite ll."e tu iiecil t Hai I and t'aps. to give him a call licfr. pvi . basme vt wis re. aw he (.-. I aali-ne! that lie c ni give n cod. , ' a tit'le hetl-r l.aigain i bait can be dimmed iu any other establishment K lhe city Be ttre and cM at McHt.VMS' .' rai Stre epIÜ-dA w3m SefsMid tUmt from Pwl I iffice c.nev. DELZELL V TYLER Bock-Binders and Elank Book Manafac'ttrcrs, Journal Buildings. br inch Bank,) INDIANAPOLIS, LVD. S T wliieh pi see will wtsosiionly Iw on I.h.mI. a fuM and eotiip'eta 'L aortmeiii of IHmik liook of every rle"cr p"im : iJmiksj Bunk. Blank Note, Ar. Sia'innery of every ih-s rirHKHi cmisiatKly nu haml of th liest quality, and will be sold on tue inuai reasonable terms. TO OCrjNTT OFFICERS. We are now supplied with a superior a riinent of ti e different Recoid Papers ami are prepared to supplt f'ontiiy Otfi-r w ith HeSSSSSS Willi if without pr.u'en hea'la. oi ilie veiy Imxi SBBSi nsl nrat on such terms as to insure niMfucii-'ti. ami ia w rkn.ansi.ip. inh nttr lo Hone in the Ves. We are in ii we mm of nil tne .bdirein imih ' useil tn Vie oÄice in Ihe ftnie. and frrl airesl ih t should ou favor us with your orth-r. in re sat nrfViel n wilt Ik- givu. Piinx nlar atieiiiiai paid re-l iminc olt ! aUi'lf-eiui w npHIS DAY RECCrVED "ilver Plated Caalwa. Jl 4, 5, ande Botlla, riehlv csit. For al Vf fAask JACOB LTKDLEY