Marshall County Democrat, Volume 2, Number 47, Plymouth, Marshall County, 8 October 1857 — Page 1
THE BLESSINGS OF GOVERNMENT. LIKE THE DEWS OF HEAVEN, SHOULD FALL ALIKE UPON THE RICH AND THE P O OR.-n-J ACKSON.
VÖE,. S2.---M. 47.)
business Bivcctori). rCBUSHED EVERT TIICRSDAT MOILXING, "ST a. c. Thompson & r. judoxalü T EHMS: If pv.d in aJrance,. At the end of six month?, V' delayed until the end of tLc year, - J" ADVERTISING: One square (ten Mnrs or le.,) three week?, Each additional iaert:-n, t Column three ra isin, ? j Column 3ix mouth,. . Column one vcar, on 25 . 5 00 . 00 .10 00 . 8 00 .15 on .23 00 .14 00 ,.21 00 .43 00 of one .j Co. urea tnree nvmrp?,. - '", Coluivn six month.',.. i ."""Column one ye;tr, iColuir.il three month?, -. . 1 Column six month.',.... 1 Column one year, Yearly advertisers have the privilege hange free of charge. Democrat Job Office! PLAIN EULES AND AND BORDERS. Our Job Department Is now supplied with an extensive and well selected assortment of new styles plain and fancy Which enables us to executf, on short notice and reasonable terms, all kinds of Plain and OrnamenJOB PRINTING! NEAT, FAST AND CHEAP; SUCH AS CIRCULARS, HANDBILL, LABELS, CATALOGUES, PAMPHLETS, . BUSINESS CLD3, BLANK DEEDS MORTGAGES; And in short, Blanks of every variety and description. Call and see specimen 4. II B. DICKSON & Co., dealer in Hardware, Stoves, etc., riymouth, led. J3ATTERS0N k CLEAYELAND, dealers in Groceries, etc., riymouth. Ind. o 1LESBEE, SHIRLEY k ROE, dealers in Drv Girods, nymontn, ma. BROWNLEE, dealer in Dry Good, Groceries, etc.,. . . , Fly mouth, Ind. B DARLING, ni.uiufacti.rer and dealer in . Bootsjiudoes,11.:jLi:J PlymHiil- -STpÄTmER, DEALER IN DRY GOODS & I Groeevies, south corner La 1 orte ani Alien ct-atz I l UlOUlil, 1IIU. . R M.BROWN, DC LER i HARDWARE . Stoves, Tinware, ic.,. . . . HvKiouth, Ind A DAM VINNEDGK, vhuw,ai.l and Retail Grocer, I'lymoutii, inn. WM. L. PIATT, MANUFACTURER OF Cabinet Ware Plymouth, Ind. ,T ir. SMITH. JUSTICE OfTiIE PEACE, jJX West side Michigan st., riymouth, In I. if T TOTT k. Co.. MANU FACT U K L lio Uf H j V. rrnrn. Carriages & Flows. Plymouth, Ind. " "n" "OHN D. ARMSTRONG, ulalks-uimi, south of the Bridge,.. flymoum, inu. AL BRIGGS, BLACKSMITH, Plymouth, Ind, E niv Ann HOUS E bv G. B. Steom? . .Plrmouth, lud. . ,1 . . j MIz-Titfr-in sfrppt.. .... . D R. SAMPLE, Ai' rney at Law, and No- . tarv rullic Plymouth, Ind. HAS. H. REEVE, ATTORNEY AT LAW . & Notarr Public, Plymouth, inu. II ORACE CORBIN, ATTORNEY AT LAWrlvmcuth, inu. D R. J. E. BROOKE, PHYSICIAN SbUligeon,. Flymouth, Ind. HEO. A. LEMON, PHYSICIAN, SURT GEON k Druggist, Plymouth , In J. ft UFU3 BROWN, PHYSICIAN k SUR GEON, riymouth, Ind. SHIGGINBOTHAM, PIIYSICLN & SUR- - Vrrf ivvn JOHN II. SHOEMAKER, WATCHMAKLX aid Jeweler. Plymouth, Ind. i K LINGER k BRO. DEALERS IN LUMBER ;te,:,....v. riymouth, Ind tFeNR Y PIERCE, DEALER IN CLOrf thin- k Furu5,hing Goods, Plvmouth, Ind. z- n . . no ... HENRY M. LOG Ali k Co., DEALER b IN Lumbcr-c F1Jmouth' lnJ CLEAVELAND k HEWETT, DEALERS in Dry Goods, etc., Plymouth,. Ind. I J." CASE, JUSTICE OF THE PEACE, Plymouth, Ind. R. J. J VINALL, HOMEOPATH 1ST, Office over Palmer's store, Plymouth, Ind. C, STALEY, MANUFACTURER AND a dealer in Boots k Shoes, Plymouth, Ind. BALDWIN HOUSE by Ayes Bautoi south of the river bridge,. .Plymouth, Ind. CWIIITMORE, manufacturer and dealer in Bootsand Shoes Plymouth, Ind. pLYMOTJTn, itfDy; v. A Michigan street, north of Wester v eW i.) Collections made and promptly remitted for at current rates of Exchange. Uncurrent money bought nd oLL . - - -- r -. - J. II. KNICKERBOCKER, Cashier. May 21, W57-r-27tf. ' . FORT WAYNE, Jveeo con itantlf on hand a splendid stock of to ' f"T'"''k'rO ilfc.LULI.CiA.0 uUli Alu3i 1 e
cuts, yfti3
fttiKtn! 'Sfintrnmnits!
THE MINIATUREBY WILLIE MYRTLE IK 1IAVE.X. In thoughtful mood, dear abgilt one, I'm pu'ngonth.T free. "Where the dove of peace seems smiling 'Mid every touching grace. Here I can Fee tho dark soft eyeBut where's the poul-lithuc That o'er thy brow in starry bcam3 A liquid luster threw? Here I beholJ the beauteous cheekAll save the roseate glow, Which ever au J anon doth flit Across its stainless snow ! Here I can press the lip; but, ah, 1 s!o no nectar sweet! Did it the painter's art defy, Like rose upon the cheek? - The artist's hand, to nature true, lias sketched each feature fair; But, ah, behold the sad defect! Thy soul is wanting there 1 "Tis but a pictured mockery; Yet, oh, in it we trace The shadow of a blooming flower, Replete with girlish grace! . Sweet copy of the original! All lifeless though thou be, Thou art a treasure of the heart Moie priceless far to mc Than all the gems that deck the mind, Or fleep within the sea! I love it for the sake of her Who cave it unto me !
THE RIGHT ROAD. BY THOMAS DAVIS. Let the feeble hearted pine. Let the sickly spirit whine, But wor and win be ihine, While you've life God smiles upon the bold, So, when your flag's unrolled, Bear it bravely till you're cold In the strife. . If to rank or fame you soar, Out your spirit frankly pourMen will serve you and ador, Like a king. Woo your girl with' honest pri Je, Till you've won her for your bride Then to her, through timi and tide, Ever cling. Never under wrt ng3 despair; . Labor long, anl everywhere, Link your countrymen, prepare, And strike home. Thus have great num ever wrongt, Thus mut greatness still be sought, Thus labored, loved and fought," Greece and Rome. I IM I MEMORIES. BY HUGH X. MOOKEY , .... . When n ght's dark mantle o'er the earth is cast, And weary nature calmly sinks to rest, Thoughts of bright childhood's hours crowd thick and fast Upon Ihe soul by sorrow's kind oppressed. Again we hear the brooklet murmuring by The snow-white cottage on the sloping green; And the heart, struggling, breathes a longing sigh, Once more to revel in the gladsome scene. The lambkin sporting on the grassy lawn, Sweet type of innocence without alioy Tliesoxnnlirk, thvt erly grj?t tho iiwa With his clear notes of pure and liquid joy In quick succession oft rush through the mind, When thus permitt-d for a time to roamf Unfettered, free ay, wholly uuconfined To the once happy scenes of 'home, sweet home.' How often, when oppressed with bitter care, ' . And sinking 'neath accumulated woe? . Does the heart wander back to scenes thus fair, And seek, in mem'ry "s volume, for repose ! . - From the Indianapolis Daily Journal. Early Indiana Trial and Sketches. REMtXlSt'kxCES BT IIOX. O. II. SMITH. - small" victory dearly purchased. Soon nfter I commenced my circuit du- . . ' T . . T J t . ties, m 1C24, I arrived at Lawrenceburgli. and stopped ?t the hotel of John Grey. Th circuit Court was to be held the next da7 After supper a well dressed goödan called upon me to gireme a little appeal case against J ohn Ackerman, a farmer living in the Northern part of the cQun He m ixQ in a nJut Rhell . 'Ackerman had bought groceries of him ia Cincinnati to the amount Qf ejet dollars, and given his note for th amount ; had frequently promised to pay the j.ote but having as often failed, the suit had been brought before a justice of the peace against Ackerman to recover the eight dollars and a few cents cost. Ackerman appeared", by. bis lawyer, and filed a plea of-non assumpsit"- upon oath, and there being no evidence to sustain the case, judgment was rendered for the defendant, of course.. . Some three months afterwards the plaintiff heard of it and appeaMd the case', 'and 'had with him all the witnesses to prove it in Court. Thncxt day the case wa3 called, and Messrs. Lane and St. Clair moved to dismiss the appeal because it was not filed in time. Our statute then required iappeaLV 'to be filed within thirty days of .the . date of the judgment to give jn-isdiction to the Circuit Court. ; Judge Eggleston remarked that he had no discre: tion, die 'case must be dismissed, but coni sidering the small amount involved, and the nature-of 'the "defence, be would suggest' that it' would be bettor to let judgment gj. . X then. proposed to defendant's counsel that if-they .would let me take a judg meut for the eight dollars and. costs, the I Oliuuiu fciliw (. U1V11ILIII o LAncllii;iin wMth' thiP prwnf mff nfimnci. t?ir rr-io raiaftnA rtniX th arioal re a c rl. tlient. and Ackerman left the Court room, Iasrjhinjg over bis tri-niph. But the end
PLYMOUTH,- TSSUMSDAYi' OCTOBER ','
was not yet. The Gr.md Jury was in sesbii)i. I prepared an indictment for perjury a 'ainst Ackoiman fr his o-v.h in swearini; to the plea ln.fire the Justice. The evidence. was clear and conclusive. The bill was found and returned birf ro dinner. I iuietly took out a beuch warrant, a id before Ackerman had h.-fi town he was arrested by John Spencer, the sheriif, and bro't into Court. His counsel, Messrs. Lane and St. Clair, immediately oüered bail for his appearance from day to day during tiie term the recognizance was entered, and the counsel commenced : 'Ready for trial.' So is the State ; let a jury come." The Sheriff puta jury in the box. Walter Armstrong was foreman. Court adjourned till morning. The trial cams on early. "The evidence was heard. I opened the case brielly , Mr. Lane followed with a powerJul speech, but the evidence had "prejudiced" the jury ag.inst his client, and I had nothing to do but to sum up and read the sta.ute punishing the offence. The Court charged the jury returned a verdict of guilty and two years in the penitentiary. Ackerman was called to hear judgment but failed to answer. The recognizance was forfeited, a capias ordered returnable to the next term. In vacation Ackerman was arrested, a motion in arrest was overruled by the Court, and Ackerman sentenced to the penitentiary at hard labor for two years. IIU firm wa3 sold upon the forfeited recognizance, and his personal effects to pay his lawyers. I sketch this case for its moral, as showing that honesty is the best policy at last. A SHERIFF OUTWITTED. In e.uly times, before the first 'and sales of the beautitul "White Water valley, where Conners ville. Liberty, Cambridge City, Centreville and flichmond now stand, there lived upon the east bank of White Water, a mile above Connersville, a most remarkable woman by the name of Betty Frazier. She was a small, tough looking, rather swarthy woman ; her husband, George Frazbr, was a poor cripple, and with their children, was entirely supported by Biitty. They had settled upon a small fraction of government land, intending to purchase at' the sales. The Land OIHce was at Cin-! cinnati, and Gen. James Fin lay was the Receiver. The spring of :he year, after a severe winter, had come ; the sales wero to take place the next winter, and Betty had the season before her to raise the money to pay for the laud. Sl.o commenced with a young stock of hogs, taking care ol them daily, driving them to the bjst mast, and preparing a good patch of corn to finish the fattening process. She had one horse on' 1 1 tend her crop, and ultimately to tide t Ci icinnati when she drove her hoijsdown tsell, and buy her land. About mid summer she sow a horseman ride up to her cabin. She met him at the bars : Well General Hannah, how do you do ?" "Very well, Mrs. Frazier." What on earth has brought you all the waj from Brookville to my poor cabin ? " 44 1 am sorry to tell you, Mrs. Frazier, that I am the Sheriff and have an execution against your property." " Well General, I always submit to the law ; come with mo to the stable and I w 11 give you my only horse as the best I can do." There were no 44 exemption laws' then. Betty and the General proceeded to the stable. It was a strong log building, with a single door, no window, overlaid with a solid platform of logs, and filled above with hay for the horse; The door fastened on the outside, with a large wooden pin in a log. 44 There General, is the horse take him." The General stepped in and commenced untying the horse. ' Betty immediately fastened the door on the outside, driving the pin into the hole to its full length, and left the General to his reflections while she attend 1 - I 1 1 r? ru . ed to her nousenoiu auairs. ums passet. away ; night came on ; but no relief came to the captured General. Morning 'earns, and with it came Betty. 44 Well, General, how did you sleep l:i3t night ? " 44 Not very well. I am ready to compromise this matter; if you will let me out and show me the ford over the White Water, (the river was muddy and high.) I will lave you and the horse, and return tho execution 4 no property found." " ' 44 Upon honor ?" " Yes, upon honor." Betty opened the door. The General mounted his horse and silently followed Betty down to the river side. 44 There General, you will co ! in just above that big sycamore, and comu out at that haw bu3h you see." The Geneth.! started, at the second step both horse and rider were under water out of sight, and the hat of the General was seen floating down the river. Still, he being one of the pioneers, and his horse a trained swimmer, gallantly stemmed the current, and exactly struck the haw bush, his horse f swimming to'tho very shore, while Betty stooa on the banic screaming 44 1 guess the Brookville' officers will let me alone now till I have sold my pigs and bouo-ht my land." But the end was net yet. Time rolled on ; the pigs grew to be well fatted hogs. ' Betty mounted her poney ; the little boys started . the' hogs for-Cincinnati : they had teu days to get thera before the land sales: the distance was about save nty niiles. . Nothing unusual occurred on the road until they arrived at New Trenton, at Sqüir Rockofellowa. . Tho night -.was stormy ; the snow fell deep and tho next morning found Betty at tho usual hour on the pöney, well wrapped, with an infant a few hours old in her bosom !. She arrived with her.hog8 at Cincinnati the day before tho sale, sold them : for cash, and; the late General Find Lay told me that she stood by his side on the box and - bid off the land, with her infant in herarms.j Surely "truth is strangei' than fiotiou." A BREACH OF PROMISE CASK. - Soon after the county of Union was organized, I was 'employed by a little hump backed fellow, f'spme twenty-five years of ce, certainly one of the(most perfect libels ( i creation that I had seen, to, defend him lJ. :t an action oTbredsli of marriag con-
tract. 1 confess I felt: some curiosity t see the woman that woutd consent to marry iiim, less to sue hini for refusing 4,yes" to she question of the Squire. Court arrived; the usual declaration, laying special damages for divers to witsi one hundred sup pers, and calico dresses too numerous to mention, all of .them preparatory to the wedding, was liled. It was a pure breach ol promise cas without the common aggravation. Plea 44 uon assumpsit ;" James Peny and James Raridcn for plaintill", and myself alone for defendant. My client whispering 44 there she comes," 1 turned my eyes, and sure enough there she was, a beautiful girl, large, rather fleshy, raven hair, dark eyes, rosy cheeks, a mouth filled with beaitiful while teeth. She walked gracefully forward and took a s.a. beside her counsel. A jurywas empannellcd, Judge Perry opened with an eloquent address lo tho jury, and closed by asking the full amount of 5,ÜUü, claimed in the declaration. The witnesses clearly proved the marriage contract, which in fact my client did not deny ; one white muslin and two calico dresses were positively proved, worth throe dollars, and there was some evidence, but not satisfactory, of a gingham dress with broad stripes. About the sunrters there is no question ; it was proved beyond controversy or the powers of argument, or in the lanuae of Gen. Cushiii' it was a 44 fixed fact.". Gr at preparations had been made; six chickens h:ul been ro'nstcd whole, huge dishes of beans and potatoes, with a boiled ham, turnips amLboiied cabbage in I piofusion. Ihe old lady dwelt wuh evident delight upon the big custaid pie that she had made 44 with her own hands," such as no other woman in the neighborhood could make, 44 though she said it her self." All this locked bad for my clients and my case. 44 We rest here." 44 No evidence to uTer," said I ; all I had wa3 be fore the jury, in what the l'wyers call profat inenria. The case was opened by Judgö Perry in a most brilliant speech of some two hours. I followed and made only two points in the case : Jirst that 'he plaintui had sustained no damages m con sequence of my client breaking his engage-J
menr, as sin coma marry a mucn oeiter epauietts mat mignt nave gracea the shouilooking man any day ; $c:outl, that the cal-1 ders of Blucher as ho led the Prussian arico dresses would b3 needed in courting j my to the aid of Wellington at .Waterloo; a other sweet-hearts, and th'j supper was ; true Damascus blade in its brilliant scab-
eaten bv the intended biije and her friends, and my client got none of it. Mr. Rariden in the close assailed with all his powers my position, but seamed to press upon the juiy the calico dresses and the extra 44 fixins " for the supper. Tho Court charged the jury with usual ability ; but the moment ihe Judge touched the calico and the supper, I saw it was all over with my case Poteman 44 wo fir. d a verdict frthe plaintiff, three dollar's for tho calico dresses and three dollars and a half lor the supper, total six dollars and fifty cnts." The Court "Judgment on tr.e verdict. Gentlemen of the jury you are discharged till morning, w'ilIi the thinks of the Court for your verdict in this important case." EAULT PRACTICE SPECIAL PLEADING. Quite early in the history of tbe Courts in the third circuit, the science of "special "pleading, as taught by the first edition of Chitty, and Saunder's Reports, was made the daily study of the bar. Daniel J. Caswell, and his partner,' William C. Drew, were at the head of tho special pleaders, and soon became a terror to all plaintiffs and their attorneys. It is said that on one occasion they pasted a general demurrer on the back of the docket at Versailles, and got five dollars from each defendant for continuing each cause, with leave to the plaintiffs lo amend by next terrri1. Such was the alarm, when they was employed, that old John Allen, of Franklin' county, called upon Judge John Test, his latfyor. about midnight, one stormy night, took mm arounu me corner oi me nous?, auJ whispered in his ear, 44 John, beware of them demurrers ; 1 heard Uaswell talking about my case." One of these demurrers was argued a whole day by Charles' Dewey and Harmon II. Moore, two distinguished lawyers, before the associate Judges, who had just waked up 44 Mr. Moore, do I understand a demurrer' that it means a dispute?" Moore, with indignation and contempt 44 Yes, your honor." : 44 Then the opinion of the Court is that demurrer go." Moore 44 which way shall it'go?" Mr. Moore, I will let you know that you are not to ram your rascality down the ji.vs of justice in this Court ; take your seat." This wa3 conclusive, and the entry was, 44 that tne demurrer go." While we practiced on tho Indiana side, lipon the strict rules of pleading of the King's bench, on the Ohio side went on the other extreme, and maintained a kind of a quasi orelenus system. A citizen of Wayne county went over to Hamilton, purchased several barrels of salt, and gave his note under seal for the amount; some sixty dollars. Failing to pay the note, suit was brought in the Wayne Circuit Couit upon it. 1 was employed by the defendant, and John B. Weiler, now of California. appeared, for the plaintiff. 1 The rest of the Indiana bar agreed to stand off, in word and deed, arid witness the result. I was to have five dollars for ech time I could continue the cause. The case wa3 not reached until near the close of the term, but was ultimately called. Mjr. WeRcr demanded judgment. 44 1 ask. oyer of tho note.' Judge Eggleston Tlie oyer must b3 furnished." Mr. Weller I forgot to bring thV note with 'me ; I must continue the cause.' ' 4I conseni without affidavit,' and cause continued.,' Case called at next term. Mr. ; Weiler" have the note,', and demand judgment ! I .'.file' ten special pleas.' acd' ask a rule to reply." Weiler 4 1 ask copies of the pleas, and ask the rule, for replications io operate at next term" . 4 1 shall not object Cause continued and copies -furnished. . Tho next term,' case called; - Weiler, 4I file n replication to one pleaänd'demurrers to the othar nine.' 4 1 join in demurrer. Case argued. 'Judge Eggleston 4Demurrer sustained asfc four . - . . ' pleas, and Overruled as to five. ; 'I ask
l-'ave to amend the four pleas.' Judge Eggleston 'Leave granted' By this lime the case was so mixed up in special pleading that my; young Ohio friend was completely horn it cohilut, and came across to
my seat with a compromising look : 'Well, Mr. Smith, what will you do to end this vexatious zw ?' 4Let the cause L- continned and take judgment next term on the note, just. We l.ad no defence, the note was 'Agreed.' The cause was continued. and at.the next term judgment was entered I accordingly, but the end was not yet. Mr.! U eller published me in one of tne Hamilton papers as one of tho most troublesome litigious lawyers ho had ever met. THE END Or THE illLITIA SYSTEM. In, the" early Liatory of White Water, the military spin: ran high, and all aspirants for honors and place were solicitous to make stepping stones of military offices. But in lime the military spirit began to abate, and oGLters to resign. One ins'anco I recollect : Our statute required inferior officers to serve five years, unless the Brigadier General, for sufficient cause, would accept a resignation. Capt. Win. R. Morris, of Brookville, tendered hi3 resignation to Geri. John T. McKianey, and assigned his reasons. 4First. I am not fit for the office, second the office i-3 not fit for me.' Gen. Mclunney 'Resignation accepted on the first ground.' The. whole system seemed to bo on its last legs, when all at once there arose into public notice, ia the county.of Wayne, tho mail for the occasion in .he person of Maj. Lewis. He was a young man, like Julius Ciesar, of a weak body, but with the military ambhion of diaries the All. Although but a Lieutenant he became, a candidate for Major, and having mopposi:ioa he was triumphaifHy ejected. The fiist step of the major was to proA'ili himself with a splendid blue uniform coftT ered with gold lace and large gilt cagTe buttons ; a coat which Napoleon himself might have worn while commanding at Aus.eilitz; a chapeau in imitation of the one worn by Gen. Jackson at the battl-3 of the ! ise-Shoe, surmounted by a towering, red plume, with a white lip; bard. reach in g to the feet ; boots of the iug up to his seat, wi;h swatara order, read a pair of gold plated spurs with shanks a foot long. The great military parade which was to revive the spirit of the revolution, was soon to conu oil", near th? east fork of the White Water, under the command of Major Lewis in person. Captains were required to be early in the field, with their respective commands armed and equipped as the law directs. The great and memorable day at last arrived. The parade ground was early tilled with waving plumes and crowds of anxious citizens. The Aid-de-Campcf the M ij jr came galloping into the field in full uniform, directly from the head-quarters of the Major, and halted at the marquee ol the Adjutant. In a few minutes the order from the Major was given in a loud military voice, by the Adju tant mounted on a s; iendid grr.y charger : 'Uhicers to your places, marshal your men into companies, separating tho barefooted Irom those wiio Iiavo shoes or moccasins, placing tho guns sticks and cornstalks in separate platoons, and then form inline ready to receive the Major The orde" was promptly obeyed in true military stvlc, when, at a distance Major Lewis was seen coming into the field with his Aids by his side, his horse rearing and plunging, very unlike old 4Whitey' at the Battta of Buena Vista. The brilliant uniform of the Major and his high waving plume pointed him out as distinctly as the military bearing of my friend James Llake, when marshal of the day, in after years, marked him to the eye cf thousands who were looking for Gen. Win. 0. Butler. The line was formed, and the Major took position on a rising ground, about a hundred yards in front of the battallion ; rising in his stirrups, and turning his face full upon the lin, A ttention, the whole !' Unfortunately, the Major had not tried his voice before in the opeij air, and with the word rAttention his voice broke; rrad 4ihe whole' sounded like the whistle of a shrill fife. The moment the sound reached the line, someone at the lower end, with a voice as shril as the Major's cried out: 'Children come out of the swamp, you '11 get sn.-.ke bit. . Tho Major pushed down tho line at full bpeed : 4 Who dares insult me ?' The cry' then commenced all along tho line, 'You '11 get snake bit, )'ou '11 get snake bit.' The Ma jor turned and dashed up the line, but soon had sense enough to see that it was the militia system that was at an end, and it was not Major La wis that was the main object of ridicule. He dashed his chapeau from him, drew his sword and threw it on tho ground, tore his commission' to pieces, and resigned his office on, the spot. The battallion .dispersed and militia' musters were at an end from th.-J. time forward in the White Water country. ... .PRACTICE. '". , " To the' credit of the young lawyerä in those, days, they almost committed to iriemory'lhe few books they had, not forgetting ihe constitution of the State. Among the most industrious and learned was my friend Cyrus Finch," of Centreville, who died young. We had' a little pass before the assoctate Judges of Wayne county, that the profession will appreciate at this day The case was an assumpsit. I was. for the' defendant, and Mr. Finch for plaintiffs.--He prove'd that my client had promised by parol to pay a debt another person owed his di m. The evidence'closed; I thought I "had' him, and took up the statute and read to the'associa'e.Judges.from the chap' ter on frauds and perjuries No action shall be brought to charge any person upo'n any promise to ans wer Jor The debt;" default or isiiscarriae of anotlier unless tbe fronir ise i3 in writingsigned by the party. to" be charged. This 1; supposed settled the theNcase,"but not so: Mr. Finch 4IIaml
mo' that book. It the Court please, that;
UOOK. XI UiU VyOUlfc jnao., in.., )id under the Constitution of the j hw'is void United States, nates, u reaus ; . io ouu oi - tl? !... nie onv 1:1 wr- lmnfl i ri n " law - impairin'r tue ouugitnuu contracts.' I saw I was gone"; ir.G U0211. The Constitution of the United States 'must prevail judgment for the plaintiüV: ! . j ! THE KIiOOiX DAGGERS; OB, THE CRIMSON WARRIORS REVENGE X TALE OF TOAD MILL. CHAPTER I. 44 Go in, Lemons ! " Tom Hter. 4IIa, ha!" shrieked the Crimson Warrior of Iloboken, as with rapid strides he paced the hall where hung the shilling smbrotypes of his ancestors. 4,To-night I'll be revenged upon thehaughty Lady Adarina Seraphina D'Lumurdeane, and that base sucker, Don Edmund D'Quackenbust. Oh ! revenge thou art sweeter to me than the nectar of the gods or Stewart's syrup, which, in my days of youthful innocence, I poured in lavish streams upon my buckwheat cakes ! - ' With a demoniac smile he diew from his pocket a large lanukcrchief, and carefully wiped his luminous eye. CHAPTER II. 44 Thunder and Lightning." Almanac. The fascinating Adarina sat in her boudoir eating a round heart which her faithful maid, Bridget O'Sullivan, had purchased for her at the Dutch baker's. 4,I cannot think what detains Don Edmund," she exclaimed, as she cast a look at the clock ; 4,by the thunder's roar, and the lightnings vivid flash, I think we'll have a spell of weather soon, if not sooner. However, there is no such thing as
.I'll.! 1 country in a muslin shirt, minus unexcep - tionables the indecent old fellow I " Some one enters the room 'tis Don Edluullu 4,Adarina!" 4,Edmund!" And ther are clasrjod in a fond embrace.' In a voice of exquisite sweetness, like bull-frog on a summer night, she sangOh! E ltlv is it vou, dear? I thought vou would not come; I though you'd stopped at the Mekchants to take ti 1- of rwru, But 1 heard your Ibotitejk?, r.nl I knew that you was near, 1 Oh! EJd), you are dear'r to me lhau Lager Beer. 44But dearest," she said, 4 4 we must part. ! my cruel father says I must wed Don Greeney D'Amuch." 4,Say no more, love," he exclaimed, "but fly with me to Corney Island, and there in a cottage made a heaven by love, we'll sell clams and all tho other delicacies of that lovely spot to the hungry Gotham -ites. ' " ' " 'I cannot leave pa," she said in a voice choked with emotion and a piece of the round heart. 4Dost thou think more of thy pa than me?" he asked. 440h Calcium, light of my existence, fly with me, for if you wed Don Greeney, ; I'll drive a tooth pick through this faithful - heart, and' Cooney shall hold an inquest on my body!" 4,Simmer down, Edmund," she exclaimed, 44I will go with you; let us depart at once; there's danger in delay." 4Aye, vile woman, there is 1 " The Crimson Warrior wos before them! Adarina fainted. CHAPTER III. ' 44 Reven-rc." Webster's Dictionart. "Edmund D'Quackenbust, thy hour has cornel said the urimson .warrior, "i am the avenger of Don Greeney, whom you have wronged. Prepare for kingdom come." "I'll call th2 police' gasped D'Quackanbust. 44 Fool, there is no police. , Between the Mayor arru the 'nerr Commissioners, the police are what they never were before, an honest (non est) body." . ... ;.. "With a single stroke of his huge dagcrer he cut Don Edmund in two pieces! . ,T . , $ CIIAPTERr IV. --41 Tlie green-eyed lobster, jealousy."--Shak. . , The Crimson Warrior having annihilat. ed Don Edmund, 1 turned his attention to Adarina, and after some effort restored her to consciousness. , - . - ' Are r you i not' Don Edmund ho, had such a nose!" she ejaculated, hysterically; , ; ixo, iaiy, i .am, ,ioi. : . iocuoiu your Edmund!" - ,- f v ' She gazed npon the lifeless body for a moment, and in a voice of intense emotion,' she asked-; ' ' ' ' . ' t . '' ' v V Who are you that thus spills blood?" ,4I am the avenger ofa wronged man, a man you promised tdlave'and marry, and with a smile of liatredlie removed from his' face a 'small moustache I 'i : : ? I .' spo:you know. ma 1" i r . - 'Aye, Ada! Don Gieeny, in whose pfsaence youfotmerly -appeared BQ-Jiappy; to whom you ridieiiled'whsn absent, while your smile twa's given. to. ;that bäso lldng, who lies there, Ccai Fremont." I r j OhUmäjr heaven shower hot peä-nuta'
Knowing anyumig auoui me wcamer since i ,i, ,, , ,, , o j a would bo more thau doubled. Ihe Pic.mMernamlefLiis.topedestiianize2roundthedent wa3 JuSt in ti:e yoar ,C41; no.onc
(WHOLE " NO. . 82
on your head, andunny your children grow j j j .. o up and become Ahieirr.ea or Members of 'i vv"a" -PI vll Co yh f V nrv c. -V A rrt '. i 1- r- mni. -...w - . .. ...... tteu, aim u.i..n up Lis gory dagger he j plunged it into . . rit- 11 t - r . , e sna.i pu'Jlisii no moreo ti.;s interi esllnS lor' 1:1 cur colurans. ine cunttb-- , uation may be found only in the New Yoik i i junta o. t..-.- uu;cuiss -nu .;ow Jersey . j Steamship Disasters. j The appalling los of life on the Central America has no parallel in th annals cf j American steamship navigation. . Tho neares: approacn is me disaster wnicn ocrei tho new splendid Steamship Arctie on the 27ih of September, 1351, by which: something like three hundred and fify lives were lost. The steamship San Francisco, belonging to the Pacific Mail Stoamehip Company, which foundered in The Atlantic on the 25th of December, 1853, lost under circumstances similar in many respects to the disaster which has just oc-. curied : but the number of lives saciificed was much less, net varying far from 200, including 150 U. S. troops. . Taking a retrospect, with a view to recount the various catastrophes which havo befallen Ocean Steam. Ships, owned in, or 1 e n ? , , . , , , . Names. Fae. ' Valuat'n. City of Philadelphia. All saved, SSoO.OOO President, Nev heard of 35'J.OOO. Columbia, AI! saved, 3'JO.OOU Humbolt All saved, 5'JO.OCHJ City of Glasgow, Nev hoard of 2üü,W)üEranklin, All saved,. 48J,COUSan Francisco A few saved,3JU,0UU Arctic, A few saved, 7UU,000 Pacific . ." Nev heard of G80,OCO Tempest, Nev braid of 300.000 Central America A f.-w sav'd MU.OOO 61. 250.000 Exclusive of about 1,ÜD0,JU0 specie. iiivi v.iii'- i iiiuuu':u. iiivcvj u"ui. ; knos how nor where. The Columbia, in nautical phrase, b;oke her back' on lha rocks on the American thereof the Atlan tic. The City of Philadelphia went to nieces on the rocks near Cane L:?ce. Thu j City of Glassgow sailed from Liverpool, ; March 1st, 1 354, and was not afterwards nearu. oi. mo ureal vtuain came tear i uemg mciuueu in u;e mi, iiaxiug i .? . ? i i i ; .t ! . i lain ashore some months at 1) and! urn Bay, coast of Ireland, but is now engaged as transport for India. The Franklin and Ilura- ! boldt went ashore and broke in pieces the lormer on Long Island, and ihu latter near Halif.ix. The Arctic and Pacific were loi as already recorded. The lion steamer. Te.npest, measuring 1,530 tons, sailed from New York, February 12, 1G57, with a crew of from 35 lo -1Ü men, and was never heard fiom. On ihe Pacific several tine steamers have bean lost, generally of.a smaller class. The Independence, fir instance, was totally lost, with 120 lives i and. the Tennessee, .St. .Louis and Yanket Blade, Winlield Scott, and others, became total wrecks ' . . English stcanicis, in waters contiguous to the United States, have fared little batter. Within a short -lirai we have had to record the loss of the fine Iron steamship Canadian, on the St. Lawrence ; aUo the steamship Clyde, and several stenmrs in the West India Islands. . ' A calculation as to the number of live lost in these steamers makes a tot-t? tt about scvcnlan hundred. This loss being, irrcpairable, no consolation can be derived from the fact that a large proportion of it might have been prevented bya diiisin of these ships into compaitments bv watertight bulkheads; but there is cpportuiiity to make - the adoption uf such a means of safety compulsory upon the owners of all sea-going steamers, and thereby doii.g' much to prevent the rc-occurrcnce of catastrophes such as we too often havo occasion to deplore. Jour. Com, ' . . . mom i . - - ' Aeoros-'atic Tubular Divixo Bell. " Mr. B. Maillef-Tte, the well-known sub-. marine engineer, has invented and put into' opcration a new diving bell, which prom? ises important results.: The one 'ahead t constructed is employed at the Marine RailWay, on Hunter's Point; E. R., with entire satisfaction. It may be briefly describe ed as a perpendicular cylinder, of a length' which rnay be graduated according to the depth of water, enclosed at its lower part by another .cylinder ten feet in diameter. Called a shall, and answeiing in part for an air chamber, besides afToiding spac: for workmen. The whole structure in so poised that its base is kept constantly over this ?pot jvh re the work is to be performed iintill the. whole is completed, the air beingregulated by stt'p-cocks, and the workmen obtaining ingress and egress by means of ladders and man-holes, tvhile abundautpro-' vision is-rnade for the entrance of light direct frcm the external atmosphere. , This apparatus affords permanent and uninterrupted communication with ihe bottom of rivers, harbors, &c., so that submarine operations, such äs laying the foundations for any.sthiciion -of in a son rV or any similar work, is rendered comparativly easy.. Divers are enabled Itfgivv their undivided attention to the work assigned them, without apprehension cf accident, and entirely independent of. outside attendance, the bell may ,be 'perfectly controlled by a single diver, either from the inside of out--side : and onco fixed in its-proper place; it is not necessarily again disturbed the en-, trance- being above the. surface of Aha' wäter. Men or material may be passed oüt or in at pleasure, aud cohversalivu between those above and below the water can be conducted with equal facility r ' The capacity of the bell 13 275 cubic feel; of the outer shell, C28 ; the weight of wa!er displace! by the bell and the tube, is 15.CO0 lbs.; the amount, cf ballast required is ß. CO its. . Mr. Mailleferte hza spcT"od tet patent. . . y
