Jasper Weekly Courier, Volume 14, Number 46, Jasper, Dubois County, 20 December 1872 — Page 6

O'.Wurtuli. uiL i MtftJ T r wf rink nut rrwfu cup. VtNv, liltBtt fill four gim up ! t'nnt b with u ! huM out. and mHtr to tb Bj who tat dar !" Wm': he 'old at tht boMwt hare R4 coat or black JiJ he er fear 1 With - tie bit at, i tat drop, too, r free I Hlie4 !laa king. I wa MN to t 1 To c .' w wa black : oar ehaak war whit All underneath in to morning light ; The bei; ,-jeJ tolliu wif: a thuught And oat the muniar'il U y was brought. Tfaer he tooJ in tadalighr dim. Wiia a Prien an ithr at la ot him : Kaea Pricet K.k'd whit at ha held hi U'vok. But the aan between had a brighter look! Ovar th face below hü fee: Hi mr glvatn'd to keen and fleet tit at louaiog he mild hU iat lie couldn't wave he lu umoo'd fast.

ThU i more than eoutd bear. The la who loved hitn en with aia thare: Oat :n the rain, with her dripiing ahawl Ovar -er head, for to taw it all ! Bat ween she met the Boj'i la.t Utk, tier lip went w hilar, be turn' t and -h k. Sh didn't cream. ehe didn't groan. bu: a : she dropt a cold as ton. He eaw the Jtir in the crowd beneath, at I mark d him trmbland et bU teeth ; But the a.ngnn came with a knavish grace. And drew the nightcap over hU face. Than T saw the Priest who tili rod near rray fater isd faster to hide their fear They eti their eye- t closed mine too AnJ the le4 waj orer oeia I knew. Th folk that dxtk'd a'l round of me Gar on dark plunge like a troubled Sea, And I knew bf that the deed w. done a -i I pca'd my eyei and aw the sun. The gallow was black, the -an was bright. There he hung, half hid from sieht: Tae sport was over, the ulk grew loud. Aad they sold their wares lo the mighty crowd We wa'k'd away, with our haart full or. And we u: a Hawker before a door. Wits Striae 1 4 paper an arm's-length long A Dyini: ?recn and a iailows Song. It bade all pepl of poor estate Bwre.: j Murtogh's evil tat: it toll how in old Ireland's name He BA.i dose red inurthur aad com to shame. Sever i tJ was sung or said ji the marder'd mother, a ditch her bed. Who died with hr new-born bae that night, Wntle M blessed Cabin was burning bright. X ug'a: was said of the years of pin. The starr-.ag stnmtch. the aching brain. Tee day? t sorrow and want and toil. Ana the murdering rent it the bit of soil. Xaoghr was said of the slaughter done en mm and woman and little one Ot the bitter shame and the burcinr -mar:, iiil he t a: mm lead ia the factor i heart. But rcitr a word had the peech beside. Ot bow he repented o: re ne died, How. brought to sense by the sad event. He prayed t.-r tbe ljueen and the tiorernment ! What 'i: i we lo. ani mighty quick. But ttskls that Uawker s brain with a stick ? Aad ; we tor- his yari. ot snam. And Ian htm juiet as any lamo. Pass r i yoor glasses ! now lift them up 1 iewers ar--ve. it's a bitter cup! Canst ewith us : hold out. and -ay: " Here's to th B jj who diel this djy f Here's bis health r for bold he died : Here'- Ut health and it drunk in pride : i he fines: sight renet;h the sky I to ee m travel a Mix can die ! ?.j-'rt ISuchinm.

tori. This would cost more than '7 to ' euiWrassuient B,ton instead ol $T. the regular through I will make VOM

fare, which ol wMMM I Jtl not want u pay. I told htm fxpro-ily that I aTatfawd to top over nt a way ataiion one train to io h.mie teiet-.tphinK'. hut without avail ; ho would not eil the ticket. A I could not wfi three hour. I thought it would be a good iinie to ue Hf) uy old coupon, aa I was accustomed to do upon other road under imilar cireutu-

i presented the stationed at the He rudely and tue admittance,

tthout your 04lwM a troto(iiiion. Hem

TIGHT OF X

as wir ii KOAD.

A KAIL

ÜT JOHX A. COLE VAN. The ioad baa no penonal a&imoitv against you. Hi. Coleman, but yoa represent the pnbtc : an 1 tbe road u determined to make it so for the pablic to fight it. right or wrong, that thT will top it. We are not going an be attacked in thi wav. Railroad Unfortunately for the great army of those who go up and down the land upon railroads, the puW: s has been so busy in this new country ttM! it has unwittingly p ennittod the railroad men to steal away its liberties. The corporation promie to construct and operate

roaos ior toe convenience of the public. This promise is broken at the start. The put lie convenience is not con suited. Tne public is informed that the Savre shall be just what the road chooses to exr.ct; the equivalent for the tare ahail taken by the passenger in such manner and at such times as plea.se not him but the railroad : th voucher for the money :t has received the ticket nii be -good for this dav only," ugood for this trip and train only." " good for six days after date," etc. That is, the road will keep the money and render nothing ia return except upon its own conditions. The roads also say thev will redre, their own fjieTances. They deem it loss trouble r it is more to their taste, to punish offenders against their rul-s upon the pot than to seek tbe remedy prescribed for private individuals in like circumstances. Accordingly the comfort and tranquillity of peaceful passengers are rudely broken in upon and their lives 1 endangered by a brutal assault upon an i offender in a car. Pistols are sometimes drawn :n a scurHe, and innocent ieop!e i are as liable to be shot as the combat- '

stances. Accordingly coupon to the uard entrance to she cars, imperiously refused

stating that the ticket was "good for nothing." Some warm words passed between us, and he finally called the conductor, who stood near. The conductor was, if possible, more imjierious than the guard. He said the ticket was "goodfi'T nothing,'" and jereniptorilv ordered me not to go on board the curs. I told him I thought the ticket was good, and that I was accustomed to use coupons in that way upon all other roads over which I traveled. He replied that " it was no such thing : he traveled .nore than I did and knew all

about it :" and concluded by saying that if I "attempted to get upon the cars" he "would put me clT." Severe remarks were made by several gentlemen standing near to the conductor during this time to the etfect that this was an other manifestation of the general spirit of inolettce and meanness towards passengers for which that road was noted.

I then purchased a ticket to Frovideuce Ml Xew Haven and Hartford, and got on board the train. I felt irritated at the treatment I had received, and having a constitutional objection to being brow-beaten, I determined to ascertain why the practice with regard to tickets on this road w.u so unlike that uikhi

other roads. Having had time to recover my equanimity somewhat alter the cttrs had started, and supposing the conductor might be still angry and unreasonable, 1 determined to put the case to him. as one gentleman would to another, and to exercise self-control, that my manner should be quiet and give him no cause for offense. Accordingly, as he approached me in taking up his tickets I said, "Mr. Conductor, there is no use for you and me to quarrel about this ticket. This is a plain business matter, an affair of dollars and cents only. The case stands like this: I am trav ling nearly all the time ; and being frequently compelled to diverge

trom tne route tuat 1 intended to take in starting I am left with unused coupons. Theie coupons all cost me money: and by the end of the year they would accumulate to such an extent IhaYt they would represent too lanre a

sum tor me to lose

replied,

New Haven

good from New ork to New Haven

My directors ordered me thre years ago not to take such tickets, and I shall not do it." 1 then said, ''My position is this : I nave paid tins road a certain amount of money tor a certain amount of service, whether my face is turned east or west. You say this ticket is good from New Haven to New York,

which is seventy-four miies: I think it is good from New York to New Haven, which is also sev?nty-four miles : and I cannot unde'stand the distinction which you make." A gentleman who sat before me remarked at this moment, M It there is any meanness which has ever been discovered upon a railroad, it is sure to be found upon this one, for it is the meanest railroad ever lam out of

doors. I rep. ted, "It this is so I hope they wi'l raa'te an ( eptir n la jycase, as all I require are L. common courtesies of the road and an equivalent for my money." The conductor said, m I ee you are all linked together to make me trouble." And he went along. The gentleman who bad tpoken to me requested to see my coupon, and remarked that he had never heard the question raised before, and certainly had never

neara tne case put in that way. He further remarked that ''whether it was law or not, it was common sense." A part of the Board of Trade delegation of Boston was in the car. returning e . i ... c

irom tne rnnaueipftia Convention. Several of these gentlemen, who had become interested in the discussion, requested to see the coupon, and they took tbe same view of the matter that I did. As we were approaching Stamford the conductor again came to me and said in a very abrupt manner, " Well, sir, how shall we settle this matter ?" I said, " Just as before ; there is the ticket, and I wish to go to New Haven ; the circumstances have not altered in the least." I had determined to take the matter ouietlv. The con

my address, and these gentlemen know

that 1 am responsible, i on take the ticket nud turn it in, and if you are eveu reprimanded for it by your directors write to me and 1 will vend you the money for the ticket, upon your promise as n gentleman that you will send the ticket to me agaiu, for 1 shall want tbe ticket. Thw passenger said, "That is fair and would avoid all trouble." The conductor r-aid, "It is very fair, but I shan't do it, that's all; waut another ticket out of you, sir." 1 said, 'I shall not give you one." He said, "Then 1 shall request you to get off this train at Stamford." I replied, "I shall jut as politely decline to do so." He said, "Then I will put you off." I replied in

general terms and with some natural heat that 1 did not believe he was able to do it. He said, "1 gue-.s I can put you off if 1 get help enough." I told him that was undoubtedly true, but warned him that 1 would pursue the matter further if he brought his roughs into the car and laid hands upon me. At this moment the elderly gentleman who sat in front of me rose and said, "Mr. Conductor, I am a 'railroad man,' ami in my judgment this gentleman's position is correct. If he brings it to an issue I think he wilt beat you; but if you think he is not correct, but ttv-

I ing to evade his fire, the proper way is to telegraph to New Haven and have a policeman come aboard and quietly arrest him; that is businesa-like: but don't take the law into your own hands and throw him off the train, for that is not done now-a-days upon any respectable railroad." I said, "Certainly, I will submit to a policeman, but 1 will not be thrown off by him." The conductor sneeringly, replied "We don't do business in tbattyle on this road." I said, "I have been aware of that for ten years past; and I propose to see if you cannet be compelled to do business in that style upon this road." He said we were all against him, and he would leave it to the Superintendent. I paid no further atention to the conductor, but commenced reading. Very soon some one shouted, "They are coming for you." The conductor came in at the head of five or six rough brakemen

and baggage-men, and said, pointing to me, "Ihi is the man; pull him out and put him on the platform. They seized my coat and tried to roll me out of the seat. My coat tore, and they did not move me. This seemed to enrage them, and they sprang upon me like so many tigers. Two of them seized me by the legs, and, as many as could, got back of my seat and seized me by the shoulders and commenced violently

me from tlw feit. I in-

The conductor I wrenching

That coupon is good from stinctively grasped the arms of the seat, l to New York, but it is not ; and they took the cushion and frame x- - 1 . . . I i .... .

wun roe. nen they got me into

idles in delicate health may be i ductor saw that it was useless to attempt

io ingnten me by his imperious manner,

ano ne then began to remonstrate, say : ii v i , . .

put in sudden peril through fright; but tbe barbarism of the railroad must be

rar;:ed out, and none but juries seem to recognize the impropriety of the proceedings in a court ot law. A OJt four years ago I purchased a ticket from Providence to New York, m Hartford and New Haven. At New Haven my business detained me until too late in the evening to resume my iourney by rail. I therefore took the eleven o'clock boat in order to pass a comfortable nieht and to be able to meet my engagements the next day. That f. tbe railway coupon ticket from New Haven to New York on my hands. I afterwards had no opportunity to use the t.cket in the direction in which it was marked, always happening thereafter to travel with through tickets from Boston to New York. In returning to Boston from New York, June 11, 1868, I applied at tbe office of the New York and New Haven railroad in Twentyseventh street, New York, for ticket so Boston via Springfield. The ticket master refused to sell me one unless I would wait three hours for the train, which left at three o'clock p. m., going to rough to Boston. He said be would sell me a local ticket to Springfield, and I eou'.d buy another from there to Boe

ing, You have no business to make me disobey my directors and make me lose my place upon the road ; 1 have to get my living in this way, and it is mean for you to do so." This was a new aspect of the case, and I replied, " That is the only embarrassing question which has arisen in this discussion. I have no quarrel with you, and I would not do you a personal injury upon sny consideration : but you and I both have traveled long enough to know that this matter is wholly within your discretion. You can take this coupon and turn it in at New York, where you turn in your other tickets, and no one will know whether it is taken going east or going west, and no one will care." My meaning was that, as no injury was done, no injury could be known. He took the remark the other way, and said in a sneering tone, evidently for the benefit of the other passengers, "You might just as well ask me to steal ten dollars from the Company, because they would not know it." 1 replied, "Theoretically, that may be true, but practically it is nonsense. You very well know that I have no intention to defraud this road, but in order to relieve you of all

up with rue.

tne aisie, ana nad me completely at j their mercy, three heavy blows with the ' clenched fist were struck upon the back I of my head. Every individual in the iar jumped to his fe t tbe instant the I blows were struck. The ladies screamed, I and one of the gentlemen rushed to stop the conductor and his roughs from j striking me. Fearing for my life, I struck one of the ruffians under the chin, and p' an ted blow square in the face of another. We had a hard struggle until they overpowered me. They carried me horizontally until they reached the car door, Alien they droped my feet a little to pass through singly. 1 struck another away from me, and he went over between the cars. They fiercely grasped me again and threw me broadside from the pis . form of the car down upon the platform of the depot. I struck heavily on my side, my whole length. In this struggle they tore the flesh from my arms and legs, and they ruptured me for life. The passengers swarmed out of the cars, and gave me their addresses. The

Superintendent came up, and I told him I would give bim a dose of common law, and Svt if I could not teach him something. He said he would give me all the law I wanted, if I wished to

test the case. I then ran and jumped on the train when it was in motion. The Superintendent, his son, and another man, ran alter and seized me around tbe body, stripped me off the car, and held me by main strength until the train was clear of the depot. As soon as. they released me, I drew my through ticket from my pocket, and asked them why thev held me. The

Superintendent started as though I had struck him, and said, "Why did you not show that ticket before, sir?" I said, "Because it is not customary to show tickets in getting on at way stations, and you did not give me a chance." He said, "If you had been a gentleman, you would have shown that ticket." I replied, "I do not ask your opinion as to who is a gentleman, for you are no judge." He said. "You tried to steal your ride to New Haven and sell your ticket; and now we will give you all the law you wan'; and we'll show you that the laws in Connecticut are difrent trom where you came from." ; took that for granted, and returned to New York. When I reached Boston again I attached the New York and Boston express train, partly owned by the New Haven road, in the Boston and Albany depot, and brought ruit against them in the Superior Court of Massachusetts for $10,000 damages. The first trial of the case occurred in April, i860. The judge charged directly against passengers upon every point. He ruled that the ticket was a contract; that the road had a right to make any rule it pleased for its own government, and if a passenger brakes rule he was a trespasser, and being a trespasser the road had the same right 1 1 eject him from its cars that one of the jurymen had to eject a man from his private house if he did not want him thre. The only question for tbe jury to consider was whether an excess of violence had been used by the road

I in the maintenance ot a right. The

ri ti ....

is lury, alter neing out on IV one nour,

awarded me I'M damages. I In

ludite, at the request ol tne road, alter

several weeks' delay, set the verdict

aside on the exclusive ground that the

amount wws excessive. 1 be second

trial occurred in the same court in Jan

uary, 1S70, and resulted in disagree

ment ot the jury. They stood eleven to

one for me, and it was afterward under

stood that the man who disagreed had been connected in some capacity with

the rod. The third trial took place in

May. 1S7U, and resulted in an award of

$.!,450 damages. Again the road de

manded a new trial, which the judge

refused to grant. 1 he road then ap pealed to the Supreme Court upon the

points of law. The judge in charging

the jury had happened to say that if

the resistance ol the planum to ejectment from the car consisted in simply refusing to walk out when he was told to go by the conductor, of course blows on the head, such as had been testified to, were unnecessary, and if the jury were atisfied that such blows had been iriven a verdict should be rendered accordingly. This bit of common sense gave a new opportunity for the exhibition of that wonderful subtlety called "law." The Supreme Court, after the usual tedious de lay of several mouths, in which

plaintiff and witnesses h id abundant time to die, gave the Xew York and New Haven Railway Corporation another opportunity to fulfill their threat of making it " terrible for the public to fight it, right or wrong." It'decreed that the judge had no riant to give an opinion as above, but should have left the nutation for the jury. Accordingly a new trial was granted, which took place in June, 1871. Unto this time three people connected with the suit had died, and one witness for the plaintiff had moved to Kansas, while young girls who were on the train when the outrage was com

mitted had passed from girlhood through long courtships, and were alrei ly matrons. However, with the impetuosity of a youthful temperament, and the knowledge of a just cause, I made another onslaught upon the corporation alter only fourteen mouth' delay since the lat trial, and obtained a verdict of

$3 500 damages, after onehour's deliberation by the jury. For the fifth time the road demanded another trial, which being refused by the judge they again appealed from his ruling to the Supreme Court. They asked the judge to charge the jury that if the plaintiff had a tendency to hernia, or any physicsl disability that was liable to he increesed by violence, the plaintiff ought to have so informed the employes ot tat road, and failing in that he, and not the road, w is responsible for tbe consequences. According to the railroad theory, therefore, if a gentleman is attacked by a scoundrel, unless the victim gives a complete diag

nosis of his condition to the ruffian he, and not the villian who struck him, is responsible for consequences when his skull is broken. To obtain the op nion of tbe Supreme Court of Massachusetts

upon tins important point lias taken twelve months more; but I am happy to be able to state that at last one point is established by the Massachusetts courts

in favor of the rights of railroad passen gers, namely, that it is not necessary for a man to inform a ruffianly aggressor what his grandmothar died of, nor to describe his hereditär' symptoms, even though it is the employe of a railaoad corporation who comes to strike him. The case was one of simple brutal assault

in a public railroad car. The witnesses for the plaintiff were well-known merchants of Boston, who were members of the Board ot Trade, railroad directors, and steamboat men, as well as others, including ladies. Tbeit testimony was clear and consistent throughout every trial. Pitted against their testimony was that of the brakemen, the baggage men, and the conductor, every one of whom was in the employment of the road and a party to the assault. Not a passenger who saw the outrage committed in the car was brought forward by the road. The testimony of the employes was so absurd upon the first trial, thht the Court was frequeutly interrupted by laughter. No testimony of theirs upon any after trial has been like that of the first, but

was manufactured to suit tbe theory of the railroad. It has been privately ad mitted by the road that " the fac's were

with me, but the law," meaning, I sup Ttnsu tho imliA'a rnlinfia M mmm witt

pose, the judge's ruling, " was with

them." So simple a c.ise would have

been disposed of at a single hearing in a minor court, had it occurred between two poor men. But 1 have been compelled to pass through four weary trials, lasting four years, gaining quick verdicts from juries, and being defeated only bv the first judge, who granted a new trial to this railroad cortoration, because thirty-three hundred dollars were excessive damages for the beating and rupturing of a man by their servant . Being the Chief Justice, .his rulings, of course, were taken as the law governing the case by the associate judges who pre

sided at the subsequent trials, and from whom I received great courtesy and fairness. But the contest is finished after the exhsustion of eveiy legal device, and there is something to be said about it in the interest of the public. I have been repeatedly told by parties interested in the road that the company had too much money to be beaten by me, and they would spend enough to defeat me. The paragraph at the head of this article is quoted from a statement made to me by an influential person connected with the corporation. These threats were of no consequence as applied to me, for their object was intimidation. They did not succeed. The corporation is beaten. I have received the money for damages which they said they never would pay, and my personal contest is ended. But these threats were not directed against myself alone, but against the public. Ttis expensive suit was prolonged to

piove that " right or wrong they W(uu make it so terrible for the public lolbdit the road that they would stop it " ". limb is crushed by the negligence of La! railroad men, fight instead of pav the victim is their theory of dealing with the public; and they will remove 1(i opposition by thejM er of wealth infu ence with courts, and sheer terrorism " They may make any tules they please" for the public, and mav carry out their arbitrary designs against the people iu spite of decency or common sense. The only advantage to lie derived from this story is toopen the question wheilu r the people or the corporations are the rulers of this country. Are the ai), roads and the courts the masters or ;h servants of the people who pay for both 7 Are we quietly to allow railroad corpö rations to go on forever taking p0g. seas on of legislatures and establishing the law for our courls ? Are we to allow onlv the extreme railroad view of a case to be the law of our courts? Or are there two sides to a railroad question as well as to others ? If so, where shall we

go that both sides may be fully considered ? Law is said to be common

sense. Does it lairly represent the com.

mon sense of the intelligent ueonle of

Massachusetts, that a private individual

shall be kept in her courts for four years

at enormous expense in a case of simple assault, merely because the assailant was

t rich railroad corporation. Atlantic Monthly. HORACE AS A BOY.

Perallarltlea of the Karl l,lfo of ihr ;reat

Jsnrnanai-A .Mother' Influence-Queer Uabtt ot Rending. Tennyson says that it is the mother

makes us most, and it was the fortune

of Horace (ireelev to have a mother

who, to the virtues she inherited from the Woodburns, added many of her

own. Mrs. (weelev was the favorite f

the township, the natural protector of the weak, the born consoler of h

afflicted, the inevitable friend and ally of every child in the neighborhood. She was a great reader, and remembered all she read. She loved agricultural pursuits, was fond of Howers and of bees, and had a passion for walking. After working in the Heids and the garden, doing the labor of a man and of a woman, too, during the day, she would tell the old Irish stories she had learned from her grandmother all the evening. To these stories the boy Horace listened greedily as he sal on the door at her

feet, the glow from the wood tire lighting up his pule faca and white hair. She spun as tdie narrated, while her boy's attention was divided between the turning wheel and the animated eyes of his mother. Doubtless these passages awoke in the boy's mind a thirst for knowledge and a lively interest in learning. How soon he learned to read is impossible to state with any degree f certainty. Some of his early inends asserted that his mother taught him to read before he could tlk, but this is a manifest absurdity, since the long words would convey to him lo meaning. But it is a fact that before he was qultw two years old, he would be upon nis back nd holding the Bible in his tiny hands, would pore over the leaves with a peculiar solemnity of countenance, und would gravely examine a newspaper, just as other children play with tbe contents of mamma's work-box. At three years of age he could read easily and correctly books prepared for children in words of one sydable, and at four he would unhesitatingly tackle any of the thirty or forty volumes which comprised his father's library. One of his peculiarities

was tue exuaoruinary variety ot postures in which he would read, seloom.sitting down comfortably like an ordinary mortal, but generally preferring to he on his back, or to curl himself up into an uneasy ball, or to stretch himself out on his stomach. From this singularity it resulted that he could read a bookright side up, u j side down or sideways, to the great astonishment of the neighbors, who looked upon him as a little conjurer. About this time, though under age, he attended th district school of Londonderry, where, indeed, he had no right to be, as his parents lived in Amherst ; but his grandfather pressfd the matter, and as every body liked the youthful prodigy, there was no contest.

GKEtLIV S FIRST OVERCOAT. In June, IS.ID, the Northern Soeeti'or was discontinued, and the printing office was broken up. The concern did not pay. Horace Greeley, who had been in the yearly receipt of $40, had not saved a cent of it. Neither had be spent a cent. All he could possibly spare was sent to his father, who had left Westhaven, and was engaged in clearing wild land in i'ennsylv .u.a. When his connection with Mr. Bliss closed, bis wardrobe consisted of two ragged shirts and the pocket-hankerchief in which they were enveloped, with his last half year's wages of He bad a sore leg, but in spite ol this, he determined to walk to Pennsylvania. Betöre he quitted East Poultney, the boarders of the tavern where he had so often held forth, and been the universal arbiter, determined to display their friendly feelings and good wishes in some way most useful to him, so they presented him with an overcoat, the first the young man bad ever possessed ; for the good son rigorously denied himself warm clothing througn the fierce winters of Yermcnt so that he might send the more to his parents, struggling with the difficulties of wild land in Erie, Ps.

The wide-awake editor of the Catholic Review has discovered, in a quiet corner of the National Baptitt, " the most outrageous" advertisement he has ever seen. It relates to " baptismal pants," manufactured by a certain Philadelphia tailor, which are offered as prizes by the Baptist editor for new subscribers to the N. B. THtaLOw Weeü is 75 yean of age.