Rensselaer Republican, Volume 23, Number 14, Rensselaer, Jasper County, 4 December 1890 — Page 6

Master of the Mine.

By Robert Buchanan.

CHAPTER IV— Continued. found myself standing in the middle of a quaint Cornish kitchen, gazing upon my newly found friends. The Individual who bad led me into the kitchen, and who turned out to be my uncle, was a tall, broadly; built man, dressed in a red stained suit of coarse flannel, said suit consisting merely of a shirt and a pair of trousers. His hands were big and brbad and very red. his head was thickly covered with coarse black hair, and he spoke the broadest ot Cornish dialect in a voice thunder. •Having finished my inspection of number one, I glanced at number two—namely, my aunt. She was a comely looking woman of forty, very stout and motherly in appearance. She wore a cotton dress,a large coarse apron, and a curio.,s cap, not uqlike the coifs so papular in Brittany. My amazement at the sight of these two individuals was so strong that I could scarcely force my lips to -utter a word; but if my surprise was great theirs seemed greater. After the first glance at me, they looked uneasily at one another, the genial smiles faded from their faces, and the words, of welcome died upon their lips. A pleasant interruption to all this was John Rudd, who at this moment came in with my trunk on his shoulder and placed it down on the kitchen door, then wiped his brow and opened his overcoat. * “Its martal bad - weather you’m brought alang wi-ye, Mr. Rudd.” said my aunt; “yar, ha’ summat to keepoff the rain." She handed him a glass of ale, which he drank. ~.. __d ———■— “Thank ye, missus.” said he, drawing the back of his hand across his mouth. Then be made a dive into the voluminous folds of his coat and produced a packet. “That be for you, missus,” said he; *a little present, wi’ John Rudd's reipects; tea and sugar, wi' a suitable inter iption o’ my awn making.” “Thank you, Mr. Rudd.” returned my aunt, taking the packet. “You’m rary kind.” “Read the warses, missus; read the warses!” said Mr. Rudd, whereupon she proceeded to do so. It was a proud moment for John Sudd; beseemed to expand with pleasure. And though to all intents and purposes he was gazing upon Mrs. Pendragon, he rolled one eye round my way, as if to watch the effect upon me. When the reading was done he •railed affably, while my uncle brought down his open hand heavily upon his knee. “Waal done, John, waal done?” cried my uncle heartily; while another voice, one which I then heard for the first time, said: “Oh, Mr. Rudd, what beautiful poetry you do write!” At the sound of the voice all eyes, mine amongst the rest, were turned upon the speaker, whom I discovered to be a little girl somewhat about' my own age, or perhaps a trifle younger, so pretty, and so quaintly dressed, she looked like a little Dresden china Shepherdess. “Wha, Annie!” said my aunt. “I declare I’d forgot all about ’eel” my uncle added. ‘Come yar, my lass, and say how do ye do to yer cousin’’ —; At this, the little girl came forward, and, gazing earnestly at me, timidly offered me her hand. Suddenly, John Rudd, who had been fumbling about his coat again, produced another packet, which he this time handed to my cousin. She opened it and found it contained a brightly coloured shawl and a sheet of foolscap, on which some lines were penned. Knowing Mr. Rudd’s weakness, Annie proceeded to read the lines: “To Annie Pendragon, who charm* all beholders, John Rudd, of St Garlott’s,’ sends this for her shoulders; That she'll always be happy, In sunshine and In flood, 'Tie the wish of her friend and admirer, J. Rudd." i Having read the verses, Annie fell to volubly admiring them and the shawl; but Mr. Rudd, feeling the praise too much for him, gleefully took his departure. He paused at the door, however, to give me a last look, and to express a wish that we should become better acquainted.

The moment he was gone, attention was again concentrated upon me. My aunt took a good look at me, trying to find traces of my mother and father in my My uncle discovered I was both wet and cold; while Annie said: “Why don't you give him his supper, mother? I’m surb he must be hungry after that long ride wi’ Mr. Rudd.”

Annie’s suggestion was adopted, and we all sat down to supper. While I ate. I had leisure to look about me. The kitchen was large and homely in the extreme, with a clean stone-paved floor, beneath and great black rafters above, from which hung flitches of the bacon, bundles of tallow candles, and divers articles of attire. The ingle was great and broad, with seats within it, formed of polished black oak, and the fire burned on the open hearth. Ih one corner was a recess, with curtains, containing a bed, which I afterwards

discovered was to be mine for the night. Very little was said or done that evening. If I was antonished at the sight of my relatives, they were equally so at the sight of me. A sort of constraint came upon us all. I was not sorry to find that they were very early people, and that at ten o'clock they retired, and left me to make myself as comfortable asT could in the press bed in the kitchen. My head was aching, partly from fatigue and partly from excitement, and no sooner did I lay it upon the pillow than 1 fell into a sound sleep. • . CHAPTER V. ANNIE. I was awakened next morning by ' Um sound •! voices in the chamber,

’ and. looking forth from my sleeping place. I saw my uncle in his stained flannel clothes, devouring a substan- | tial bi-eakfast of tea and home baked ( cakes of my aunt's making, waited on ! by little Annie, Who,seen in the bright morning "Tight, looked ex en cleaner and neater than she had the night before. ’ • 4 little woman.” my uncle was saving, T“who put that sai t ;o’ nawnsense into your head! I war i rant Tawm Penruddock, or some other ' gomeril, ha’ been up here clacking to mother. Dawn’t go dawn the mine paw more? Why, the mine’s bread : and butter, vittles and drink, to you. and me?” I “Tout Pen ruddock says 'taint gafer * father,” returned Annie; • and Tom ought to know, for he’s worked there .ever sinen ha born.” j •41 e knaw sno more thanth toehunk o’ bread, little woman. He's the idlest i chap o’the gang, Tawm is. There. dav. n’t you worFit. The Lawd’sunder the earth as well as above it, and ’ll take care of father, never fear!” Unseen in my corner, I slipt on my clothes, but by the time I had done so my uncle had left the cottage. Annie wns still there, and she took me to a little bed room upstairs where I washed and brushed my hair. /Descending again to the quaint old kitchen, I found my aunt just come in from ■ feeding the poultry. She' gave me a I kindly nod: then sitting down at the I table, drew me gently to* her, and [pushing the hair off my forehead, looked thoughtfully into my face., ; • -Det me look at ’ee by daylight,lad! Ay, I was right—you bo as like your poor father as one pea is like another. Lawd forbid you should e'er be half as clever!”

“Why not, mother?” asked Annie, who was looking on with a smile, ‘ ‘Because he were too clever to settle down. He rambled up and dawn like amoor pony, till the Lawd took ’un. and ne’er made. himself- a home; and when he died there was none of his kith and kin near him J,o close his eyes. Thar, lad, sit dawn and take your brakfast. We’ll try to mak a man of’ee for my poor sister’s sake.” This sudden allusion to my dead parents, coupled with the strangeness of my surroundings, brought before me more forcibly than ever the utter forlornness of my position, and sent the tears starting to my eyes. I fancy Annie noticed this, for she quickly changed the subject, asked her mother for some more hot sconces, and put a chair for me at the table. This diversion gave me ample time to recover myself. Feeling heartily ashamed of my exhibition of weakness, I swallowed the lump in my throat, dashed theback of my hand across my eyes, and determined from that hour forth to remember that tears did not become a man. The breakfast was appetising—perhaps from the very strangeness of it, Never before in my life I had placed before me at eight o’clock in the morning, a meal of hot sconces, boiled potatoes and milk; yet I mightily pleased my aunt by disposing of enough to keep me going for the rest of the day. “Ah! lad,” she exclaimed, as her bright eye kindled with pleasure, “you’s gawt some Cornish blood in ’ee after all, and can eat your vittles with a relish. You’m got no proud, stomach, my lad, and will be a man like your uncle before lawng.” The breakfast being over, my aunt and Annie busied themselves with ••setting things to rights;” and, feeling somewhat in the way, I took my cap and strolled out, to find out if j could what) sort of a country I had been landed in. The kitchen door opened directly inte the “back-yard,” as they called it, and there I f oundthe poultry leisurely picking up the grain which my aunt had given them before break-fast. Here I found, too, a mongrel puppy, a sort of cross between a collie and a greyhound, it seemed to me, which, the moment I made my appearance, came wriggling, serpent fashion about my feet. I passed through the yard, round to the front of the house, the puppy following close at my heels. The front of the cottage was very trim and neat; and there was a very small garden; here, which was tolerably well cultivated; I afterwards learned it belonged to Annie, and owed its pretty appearance entirely to her hands. It was a curious illustration of the mingling in her of the useful and ornamental. She was passionately fond of flowers, and two-thirds of her little garden was devoted to them while in the other third were beds of mustard and cress, radishes, and celery, with which she regularly supplied “relishes for the ■table. - I—z-v

Having made a rapid survey of the little garden, I turned my eyes on the prosject before and beside me. The cottage, which stood alone on a slight eminence, was faced immediately by the high road which swept past and curved on to the villiage, which lay some!' quarter of a mile to the left, Immediately before me was what seemed to me a dark morass, bleak and barren enough, and dotted here and there with clumps of stunted trees. Beyond was the sea—calm, cold, and glimmering like’ steel. I strolled carelessly along the road, amusing myself by throwing a stick and trying to teach the puppy to retrieve. A couple of hundred yards from the cottage, I came to an iron grate, surrounded by a plantation of fir-trees, and with a long avenue leading I knew not whither. Here I paused, and, without thinking I threw the stick as far as I could up the avenue. But the pupy crouched at my feet, and declined to stir. So I opened the gate and went in. I had not got many yards when a sharp voice arrested me. •■Here, I say, you!” it cried. ‘-What are you doing here?” ~ I looked up and saw a boy of about my own age, dressed like a young

gentleman. He bad black hair, black eyebrows, that came close together, and a hanging lip. I saw at once, by his dress and manner, that he was no miner’s son. * -Look here, you’re trespassing, you know*” he_continLed; then suddenly, “Why, you don’t belong to St. Gurlott’s. What’s your name?” 1 told my name, -and added that I was a stranger, having come to the villiage.only last night to live with my uncle and aunt Pendragon. In a moment his facechanged; aeon temp', ous sneer curled his lip as he said* “Old Pendragon's boy, eh?” Then: “What do you rneah by wearing thnte clothes? I thought you were a gentieman!” - t '-■

T am as much a gentleman as you,” I said. “What?” • “Oh, I’m not .afraid of you! Doyo : know what they’d do with you where I come from? They’d thrash you and send you to bed, to learn better manners,” He clenched his fist, and advanced threateningly? towards me. 'Then looking at me from head to foot, and finding that at all events I was his superior in point of physical strength, he changed nis mind. I whistled up the puppy, and walked away. When I reached the cottage again. 1 came face to face again with Annie. J “Where have you been?” she atked. 1 told her I had been rambling idly about. She nodded brightly. “I’ve got no work to do to-day,” she said; “leastways net much. If \on like, I’ll ask mother to let me come out and go for a walk.”

“Do.” I said, and off she flew. She was a long time gone—so long*, that I began to fear the permission had been denied. She came at length, however, when I saw the cause of her delay. Her print frock had been exchanged for a stout gown, She wore a pair.of silk gloves, and a het which was evidently intended for Sundays only. As my eye wandered over these things, she blushed and tried to appear/un conscious. “Which way shall we go?” she said. I was so perfectly unacquainted with the district that the question seemed to me absurd. I left the choice to her. “Which way do like best?” I said. She pointed with her hand. “I like to go there, ” she said, ‘/to walk OH the shore." “On the shore?” “Yes; don’t yeu see that glittering over there? That’s the sea, though it looks like a bit of the commOn, now it’s so still. I like to go there and walk on the shore, and see the ships pass along, and listen to the washing of the waves on the stones.” We accordingly started off across the moorland towards the sea, and after a mile’s walk reached the cliffs. Wild and desolate they overhung the ocean, which was at high tide. A narrow path through the rocks led down to the water's edge. Descending it, with the sea-gulls hovering over us, we reached the shore, and found there a sandy creek, and a solitary wooden house. We looked up; the crags rose above our heads right up into the blue heaven. Then we turned our faces towards the sea. “It isn’t like the sea, is it?” I asked as we stood side by side! it looks like a big broad river.” ‘"•Now,” she assented; “but it isn’t always like this. The waves are sometimes high as houses, and they roar like wild beasts. Then there's been ships, big ships that go to India, broken up here on the rocks, and drowned men and women have been cast ashore.” “Have you seen them?” “No; I’vs only heard tell of them. When the winds are blowing.like* that, and the wrecks come, mother and mo stop in the house to pray for father. “My uncle? Why, he’s * miner;” “Yes; but he’s one o’ the life-boat men, too, ’cause he’s so strong. Look at that wooden house; thafte where they keep the life boat.” In following the direction indicated by her pointing finger, my eye fell upon something else besides the house which contained the life boat; a rude coble lay floating in the water a few yards from where we stood. It was attached to an iron ring driven into the rocks.

“Whose boat is that?” I asked. “Oh, that belongs to John Rudd, the carrier; him that brought you to our house.’-’ “Why, What does he do with a boat?" “Nothing; only he found it drifting in from the sea. Then the master took it away from him, saying it was his, and offered it for Sale; as nobody wanted it, he got it back again by paying a little to the master.” • ‘And what does he do with it now?” “He goes out fishing sometimes, when he's got the time. Sometimes he gives us a treat. He took me out in it once.” “Did you like it?” “Oh yes’.” “Would you like to go again?” “What—now?” “Yes, now. Suppose we take the boat and pull out for a bit; it would be good fun—better than staying here,” She hesitated. There w.,s evidently such a difference in the size of John Rudd and me. ••Do come,” I urged; the “oars are here ready, and I can pull as well as John Rudd.” , Still she hesitated, but yielded finally. We pushed out the boat together, and I pulled away out on to the dead calm sea. How pleasant it was there, with the sun pouring its golden beams upon us, and the water ' smiling around and gently lapping the boat's side! Annie took off her gloves, and trailed her fingers in the water; then she leaned over and looked down 1 1 into the emerald depths below, while ! my eyes again swept the prospect in--land. ■ • [TO CONTINUED.]

MILES ON THE INDIANS.

He Has Been Looking Into the Messiah Question. > Major General Nelson Ar Miles, U. S: A., commander of the Military Division of the Missouri, has been interviewed by a reporter,and in the course of a long conversation made some interesting statements regarding the ' causes and nature of the religious craze now existing among the Indian tribes of the West. “I have been out in Utah, Montana and the “Cheyenne reservation,” said General Miles, “investigating this craze. You have no doubt heard that the Indian tribes in the districts I have mentioned are reported to believe that a Messiah has come who is to restore them to their former glory, bring back tbe buffalo and drive the whites from the land. I have learned that this belief exists among the various Vibes of Sioux, Cheyennes, Black Feet, Shoshones a&d other tribes. In all the craze has extended to sixteen tribes, the Snake Indians being the only ones to repudiate it. There is no doubt that many of the Indians holding this belief in the Indian Messiah are sincere, and some few have certainly seen some person whom they took to be the Messiah. “Several small parties of Indians have gone westward from their tribes to some point, which is, as near as I can locate, in Nevada, and there they have been shown somebody disguised as the Messiah and have spoken with him. lam inclined ’to believe that there is more than one person impersonating this Messiah, as when Sioux have spoken with him he has replied in the Sioux language, and to Black Feet he has spoken their'tongue, and so on, the representative of each nation or tribe speaking their own language to each.” : • ‘What do you think is responsible for this imposition upon the Indians?” <<i ca n not state positively, but it is my belief the Mormons are the prime movers in it. This is not a hard statement to believe. for there are 200,000 Mormons. They themselves claim to believe in prophets and spiritual manifestations, ana they even now claim to holj intercourse with the spirit of Joe Smith. Besides, they have had missionaries at work among the Indians for many years and have many converts." I“Do you think this new belief of the Indians will lead to an outbreak and bloodshed?” *‘l don’t think so, but where an ignorant race of people become religious fanatics it'is hard to tell just what they will do. It is noteworthy, however, that this so-called Messiah tells the Indians that when he comes to reign them firearms will no longer be used or necessary. He tells them also that with his coming the dead Indians will all be raised to lifs, the buffalo will return and he will draw a line behind on which he will gather all the Indians, and then he will roll the earth back upon the whites. This has naturally excited the Indians and large numbers have accepted the new belief. Among those who'have done so none are more ardent than Sitting Bull, who is intensely Indian in all his ideas.” “Do you think that person who is impersonating the Messiah is a white man or an It dlan?” - “Those who have seen him say he is muffled up and disguised so that they do not see his face, but I believe that he is a full-blooded white. The argument the Indians used in discussing the matter is, that the whites have had their Messiah, and the Indians now have theirs. “That if it is reasonable for the whites to believe in a Messiah it is reasonable for the Indians to do so too, and that they have as much right to have an Indian Messiah as the whites have' to have a white Messiah. The situation is not alarming in any way, and I do'not know whether any action will be taken by the Government regarding the matter until after I have made my report.”

Did Not Say Much, but Got Along.

New York Tribune. “Well,” he said, “so old Bill Jennings, eh? A regular politician? Now, that do beat all. Do you mean to say that Bill Jennings is a first-class congressman?” “First rate; one of the best.” “Dear, dear. Now do tell me, what there is about him to make people think he is a great man?” “He is supposed to have a level head and a shrewd judgment.” “Bill Jennings? Why, he never done nothing in his life. I remember him when he first come to our town. He had (16. And that fellow couldn’t say tea words. His next-door neighbor didn’t knew him. He just worked along by himself. First thing you know, he buys a lot down in Maine street, and blamed if Main street didn’t begin to grow as soon as he got into it He seemed to hit it ’bout right” “That’s his way,” “And next thing you know, he buys another lot and begins to build a house. I suppose he mortgaged every foot of it as it went sip, don’t you?” “Perhaps he did.” i ‘•Well, I’m blamed if the people didn’t turn his way for building their houses?” , ' “He was far-sighted, wasn't he?” “Oh, no! He never said nothing; just pegged along; never consulted no one. And first thing you know, the people elected him mayor. He was mayor four times, by George; then they sent him to the State legislature. • And he ain’t never done a thing. Why, he couldn’t make a speech of ten words. I never heard him say a word at a political meeting. And you say he’s in congress now?” “He’s in oengress.” “Well, dog my cats if I can under.

■ stand it. Maybe 1 don’t know the - Ins I and ouu Of this political business, but I don’t sd& how a man like Bill Jennings can go to congress. -I tell you it surprises me. What has he ever done? Dog my cats if I can understand it.”

A NEW MILKING MACHINE.

Milks Cheaply and Advantageously to Themselves and Milk Drinkers. London Times. On the farm of Haining Mains, on the estate of the Duke of Portland, for gome mdnthk past a new milking machine, invented by Mr. William Murchland, sanitary, engineer of Kils marnock, has been in operation. The apparatus, as installed at Haining Mains, is of a very simple character. An ordinary irOh piper one inch in diameter, is carried round the cowhouse at a convenient height above the shoulders of the cows. It comuhunicates with a hand pump, whereby the air is drawn from the pipe, a circular tank connected with a shallow well of water serving as a regulator of the vacuum. From the iron pipe project connections, one opposite the space between every pair Of animals, each connection being furnished with a stop cock. To any one of these connections is fitted a length of India rubber tubing, the other end being att <ln d lo a nozzle near the top of the milk pail, which is of special construction. The pail is cylindrical in form, with a truncated conical top. Its opening, which is four inc hes wide, is closed by means of a thick glass disk, which reSts inside flush with the outer rim of the pail, supported by a thick rubber band, held in place by a projecting ledge underneath. On one side of the shoulder of the pail is the nozzle which has been referred to and on the opposite side are four similar nozzles, all of which are like the small connections upon the iron pipe. The solitary nozzle is for attachment to the long flexible tube from the iron pipe; the other four are for short lengths of tdbing connected in their turn with specially constructed teat cups, each of which receives a teat of the cow under operation. The cups, like the pail, are made of tinned iron, and each one is provided with a tap or stop-cock. The milk pail has, in addition to its handle, a couple of hooks, 'by means of which it is suspended a little In front of the cow’s udder, a broad band of girthingbeing laid across the animal’s loins for the purpose. The modus operand! is very simple. When all is ready, the pump is worked by a lad, and the air is thus exhausted from the iron pipe. Then a pail, with its cups attached, is adjusted underthe cow, the long tube is joined to one of the connections overhead, the stop cock is opened, and a partial vacuum is established within the pail. Next one of the cups is moistened and placed so as to embrace a teat; the stop cock of the cup is tben opened, the teal is thus brought under the influence of the vacuum, and the greater external atmospheric pressure at once causes the milk to begin to flow. After all four cups have thus been adjusted, four jets of milk can be seen flowing into the can immediately beneath the glass cover. In from eight to ten minutes the cow is milkod “dry.” The animals submit very quietly to this novel method of milking and after the first time they appear to be scarcely conscious that they are being deprived of their milk. The apparatus, indeed, promises to relieve cows of much of the distress which, under existing circumstances, seems inevitable. Jts use will obviate the excruciating pain that animals with chapped or swollen teats must necessarily suffer when milked by hand. Moreover its employment will insure much greater cleanliness in the operation of milking, a benefit of at least as much importance to the consumer as to the producer. One attendant can conveniently keep half a dozen cows going. By the time the adjustment has been made for the sixth cow the first cow will about have finished milking, and her pail can be taken for tho seventh cow, and so on. To maintain the vacuum a few strokes at the pump occasionally are sufficient.

How the Fog Affected Observations

New York Tribune. A new story is told about the sharpness and briskness of the captains of the transatlantic steamships. On a recent voyage of one of the well known vessels plying between here and Europe, one of the passengers, a woman, pestered the captain to death with unnecessary questions. Some heavy weather set in, and owing to the fog and rain the ship’s officers were unable to make their usual observations. When the captain came down to dinner on that afternoon his persecutor was waiting for him. “Rough weather, captain,’’she said. “Somewhat.” “A good deal of rain.” “A good deal.” “Pretty heavy fog.” - “Yes, it is.” “So heavy, I understand, that you could not make your observation.” “jYes,” gruffly, "but not heavy enough to prevent you from making yours.”

Why He Didn’t Buy.

Two men were talking about growth of Buffalo a.d one of th m s kicking himself because he h: tin made more money out of it. “Why,” says he, “if I’d bought land out there" namirqj a growing,district—“ten years ago, I could have been worth a hundred thousand now. And it could have been bought then for a song.” “Why didn’t you buy it then?” “I couldn’t ainf.’ ,r

MATTERS OF LAW.

Recent Decisions of the Indiana Snt preme Court. In equity and at law it has always been held that tenants in eommon of a life estate in land may have compulsory partition, and the statute of this State has not changed this rule. , Votes cast for a person not eligible to an office'can Hot be counted against thd opposing candidate, and the Opposing candidate, although receiving a less number of votes, is duly elected. The tenant of a store-room with a leaking roof, which Lhe landlord, had agreed to repair, but failed to do so, can • not voluntarily permit his goods to remain in the building and suffer great damage from such Teak, and then recover from his landlord the amount of such damage. It is the duty of such tenant to protect his stock by making such repairs himself and offset the cost against his rent. “ T- ?■■,. '• ---^'■ l . , ■''”'■ —i —*—- To a complaint for damages occasioned by the appropriation of the plaintiff’s land for the right of way for a railroad track, the defendant answered facts constituting a good common law arbitration of the amount of plaintiff’s damage, and a tender of the amount of the award, Held: That the submission of the cause of action set out in the complaint to arbitration, and award thereon, was a bar to such cause of action, though the award had not been performed. i ■ 1 One wno purchased property at a public sale made pursuant to a published notice, presumptively purchases upon the terms proposed, and where the terms required the buyer to execute an interest-bearing note, with surety, payable eight months after date, and he failed to do so, and the seller retained possession, there was no complete investiture of title and no •uch transfer of ownership as entitled' the buyer to maintain replevin, even though he tendered the amount of the purchase money part in cash and part by note. * The Common Council of a city has [ the power to choose between bidders for street improvements, and when it has done so its decision is final, and ■ the fact that it did not choose the lowest bid is no defense to an action or a ; precept for the collection of an assessment for such improvement, nor is the fact that it required the successful : bidder to contract to make certain ad- ■ ditional improvements of the same ■ street, not originally contemplated, at substantially the amount of his bid for the improvement originally contemplated. 1 Patrol evidence will not be received fop the purpose of engrafting upon a promisory note which appears upon its face to call for the payment of a definite sum of money, at a specified time, absolutely and unconditionally, a condition which contradicts its terms; > but where the patrol evidence goes to r the extent of showing a eontempor- ■ aneous agreement, whereby the note sued on might be paid or satisfied otherwise than by the payment of money, and that in pursuance of that agreement it had actually been satisfied and surrendered up to the maker who cancelled it as a paid note it is admissable. Appellee had a sum of money on deposit with appelant, a bank. The bank received a note indorsed to it for collection, payable by the depositor to S. & Co., at the bank in question. The bank remitted the amount due on the note to its correspondent and. charged the account to its depositor with the sum remitted. This was done without notice to the depositor, or other authority except such as the law implies from the fact that the note was negotiable and payable at the bank, and was duly indorsed and sent to it for collection. The depositor repudiated the act of his banker, and sued tho banker to recover a balance which comprised the amount paid on the note. The bank acted fn good faith and the note was owing by the depositor. Held. That the bank was entitled to hold the note as the equitable owner or purchaser, and to set it off against the depositor’s suit for the balance of his deposit. (1) Whether a certain state of fact constitutes negligence is a question o fact for the jury to determine, and an instruction telling the jury that such facts did or did not constitute negligence would be erroneous. (2) The credibility of witnesses and the weight to be given to their testimony, are questions for the jury to determine, and instructions telling the jury that under certain circumstances the testimony of one witness is entitled to. more weight than another would be erroneous. (3) When a person is injured while cossing a pailroad, by collision with a train, the fault is prima facie his own. and he must show by a fair prepondorenee of the evidence that he was not guilty of contributory negligence;, eno whose team is injured, by a collision with a train, while it is in charge of a servant, is chargeable with the negligence of such servant; persons about to cross a railroad track are bound to recognize the danger, and make use of the sense of hearing and of sight, and if one sense is not available the obligation to use the other is the stronger, to ascertain if a train is dangerously close; where a cressing is particularly dangerous, care, proportioned to 1 the danger, must be used; failure of the railroad employes to ring the bell or sound the whistle do not enter into the question of contributory negligence of a person injure’! at a crossing. These propositions state the law correctly, and i| was the duty of the trial court to glv< the instructions embodying them, in the absence of others properly cover, ing the same ground. ..