Daily American, Volume 1, Number 123, Terre Haute, Vigo County, 12 July 1855 — Page 2

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'JLL-—J

SMJs S|nteriait.

S A

J. N. SILVERTHORN.I ISAAC M. BROWN, I

JUL—

TERRE

The Indiana Journal t*.ys: The con-

may expect to know its doom. We were not able to be present during the first part of the argument, but

present d.5„•*. de,i^ot^ furnished us with the principal points J^e

1 are not, of course, very full, but will give the reader some idea of the course of the discussion, lie argued: 1. That more than one subject was embraced in the bill—the manufacturing and selling, and the appointment of agents, being distinct subjects. & .That the l»w did not make it imperative on the boards of commissioners to appoint agents, and as agents might jbe appointed in one county and not in the other, the law was special or local, and hence, unconstitutional within the ruling of the Supreme Court in the "Maize case.

fe.

EDITORS

•HAUTE. IND.

THTTESDAYT7rrrTjXriYi2,1855.

The Constitutionality of the Liquor law—Case at Indianapolis.

3. That the conferring on individuals, as in section 2 of the Taw, and on the counties, of the exclusive right to sell liquors, was a monopoly, and hence, in conflict with section 28, article 1, of the Constitution. 4. That the right of trial by jury is not given by the act.

Si That the clause iu he act which disqualifies a person from sitting on a jury on a trial for violating this law, who has ever en guilty of violating or any i^ther liquor law, is unconstitutional. 6. That the affidavit authorizing a search is not required to specify the particular kind of spirituous liquor, and hence conflicts with article 1, sec. 11, of the Constitution. 7. That when a seizure is made under section 22 of the law, there is no direction as to what disposition shall be nwde of the property, or how it shnll be returned to the owner if not kept for an illegal purpose. 8.^ That some of the provisions arc manifestly unconstitutional, and they are so intimately connected and blended with those which might otherwise be constitutional as to bo inseparable, and so the whole law must fall. 4

Mr. Barbour, of this city, followed Judge Otto, in support of the law, in a speech of great force. We heard but a portion of the conclusion and are indebted to our friend for the following sketch, of the points made by him. Both he and Mr. Otto spoke some three or four hours each, and gave every point full consideration: 1. That tho general clause in tho title of the bill "to suppress theexils of intemperance" was clearly broad enough to oover the whole subject matter of the bill. 2. That if that clause wore even in* operative, still the clause in the Constitution requiring that a tew shall embrace but one subject and matters properly oonneoted therewith, which subject (alone) shall be embraced in the title, does not defeat the operation of any part of the law, as evorything in the law is properly connected with the subject embraced in the title. 3. That the subject of a law and matter properly connected therewith is tho mischief which the law is intended to remedy, and that as tho mischief is intemperance, which it is the design of the act to put a stop to, tho manufacture, the Bale, and the means to suppress intemperance, are the subject with •the matter properly connected therewith. 4. That the conferment on the coun-

ties or their agents? of the exclusive right to sell liquor, is n%

a monopoly,

any more than the conferment of the right to exercise anv„office of truster profit to the exclusion of other persons and that the provision^ does not therefore conflict with sec. $2 art. 1 of the Constitution.. 6. That the right of trial by jury, is not prohibited by the net, and being conferred by the Constitution, is the right of every person charged with violating this law. The act defining and punishing felonies and misdemeanois does not provide for atrial by jury, and that by parity of reasoning those acts are unconstitutional and void, and consequently that we have no law to punish crimes and misdemeanors. 6. That the part of the act which disqualifies a person from sittingon a jury on the trial of a liquor ca «e, who hail been guilty of violating a liquor law, is kindred to the laws which disqualify persons who have been guilty of certain crimes from executing public trusts, which laws have always existed and been regarded as valid in this State. 7. That it is not requisite that the

f# Jklo (lul 104UID1I/D

»titmioiia!ity of our Prohibitory Law is affidavit authorizing search for liquors wj w. IIUIUUMVttUMjVIIAUJ^O OVMIVU 1VI 1 IVj UUI O now being tried, and in a few days we should describe the particular kind of liquor, the object being to find the fluid prohibited. 8. That under section 22 of the law

and the parts of the law to which it re-

we are told that Judge Otto, who open- fers, provision is made for no ice to the ed against the law, made a very clear 'owner, and of the time and place when land that he got a watch, some money and able speech. A friend whd was'®nd where the question of the purpose

ac ar0 80

made by him, from memory. They jer that the deelaiation that one or more provisions was^ unconstitutional would

»POST OFFICE, INDIANAPOLIS,) July 7, 1805. It is stated in some of the newspapers that it is not intended that regis

tered letters should be marked as such, i*°

on their face. This is a great error,

•41ft •F&KUFTMKNII.S' S&JMMHALI» FEW •&.»

w.wv,«..i<p></p>Stocking

concerned, from a neglect to stamp or lea(^n{? desperadoes which*'have write a mark upon them. It ought to be a, glaring mark. ... In country towns and places Post Masters have frequently failed to either mark tho letter or seal the package, whereby the office has narrowly escaped annoying committals. To avoid (if possible) such committals there will often be a necessaty for delay in delivering letters, annoying to those entitled to them.

It is hoped that this may be made public by the press. AV. W. WICK, P. M.

"SAM" AT WORK.—A correspondent of tho Ind. Republican, writing from Louisville Ky. says: The Democratic party evinces 110 disposition to learn from the past lessons of "crush truth," but "Sam" bears it aloft in his strong, brawny arms. Onward he marches through swamp and forest, town and city, never losing his way. ,'Chattering demagogues grow dumb at his approves, nnd Bishop's mitre, and Jesuit's robe fall from the head of pamperod itfsolence and skulking knavbry athis touch."

"liar T. Perkins, for shooting Col. R. B. Carpenter, with intent to kill, in

heen found guilty and sentenced to tie penitentiary for one year.

WOOL. WO havo been credibly in-

formed that nearly all tho wool clip of judging from the appearance of the present season in Washington co., ^,e

has found its way into market, and the &reat Parties of the country are these m.tjor part of it has commanded prices ranging above those of last year.- TPwA. Pa, Examiner,

RIPE APPES.—The orchard of Robert W. Todd now affords apples, of the June streak variety, ripe, mellow, and delicious.—Mad, JSanner.

The. BOM Murder at La&yette. JAR The foUowing tough story comes The evidence on the part of the pros^from Kansas: *jf ecution in the &se of the State vs. Capt. I Sixty yoke of red bulls, according to Stocking, closed on Wednesday. It the Frontier New^ were s^n lwt week by an old lady in Kansas, hitched to air fwas prove| that there had been no fire

in the Warehouse after 10 o'clock, A.

there befort the .bona WW closed »t ,hlt

night—that a few minutes before the the other hill, spread themselves in a fire broke out, three men ran across the strong pull, and straightened the chains, bridge towards Caswell's Warehouse— that 27 yoke of the bulls in the centre that in going down the steps to the tow- •were suspended in mid-air by their .t_ necks, someth.ng less than 60 feet path, one of them fell and the other two

Stoeking afterwards made a proposition'

to "smoke out" Capt. MROM

ewell

independent of each oth-

4r &c,

The argument commenced but had not closed on Friday evening.

Trial

an*

not impair the others. The case of the State of Indiana vs. The above case is the one instituted ^avid M. Stocking for the murder of against Barbee for selling and manu- J°hn Rose last January, and then setfacturing liquor contrary to !aw.t Are the warehouse to conceal his

The following are the attornies in the deed, went to the jury at fifteen minutes (jflgg before

Against the law-—J. Morrison, WI T. Otto, J. W. Chapman, J. S. Hester, D. Wallace, and E. Coburu. 4 For the law—D. McDonald, E. Dumont, L. Barbour. A. G.Porter, H. C. Newcomb, and J. W. Gordon.

Sentence of Stocking

five oVWlr on Sahirrlav

before five o'clock on Salurdav evening, and at a quarter past nine o'clock, they brought in the following verdict—being out four and a half hours: "We the jury .find the defendent guilty of murder in the first degree, as charged in the indictment and that he suffer death." 4 .y, I

S I 'It I

The Court House was crowded when the sentence was read.. As we did not attend Court during tho pending, of this case we are not able

reP°r^

testimony but are told

ev'dence

which the press will do well to correct. Stocking was very clear, and everyGreat embarrassment will result to all

went

against this man

to prove him to be one of

been a terror to our whole country for several months. He was one who hi lped to burn Mr. Stockton's Barn a few months ago, and commit other depredations upon the peace of community.

Tt has been truthfully said that "murder will out no crime can ever be hid but what it will be brought to light. The guilty may for a time escape, but justice will eventually have her deserts. So it has been in this case. One of our most exemplary citizens was murdered and burned up but time has let us know who did the deed and the wicked now awaits the demands of the law.—La/. American.

We understand by a gentleman just

*1.

trom Attica, thata young man was ar-, that will correspond with the times. rested in that place yesterday, for pass-' x,!!is

BtreetJ8 0

M., the day previous to the burning of entirely from hill to hill, across one of the building-Mhat several examinations our valleys, vulgarly called guts The were nmde to ascertain that no fire was

wagon,

aboye groun(j.

helped him off—that soon after, two men passed through the alley back of Lorin Andrews, Esq., Prdfeideftt Columbia street near Graham's office, of Krayon College, hubrfn invited to

0 A

towarla Stocking's Grocerr-that one

which wlg mited

^is city. The team reachet

being tight in the mud, refused

to move: the consequence was, when

i„th. leadover

become President of the University of

Iowa

of them was heard to upbraid the other stowed. We are glad to^now, howlat Stock- ever,that Mr. Andrews will ing bad made propositions to Tom Longly, Tim Driskill and Dave Clark, ,to "smoke out" old man Rose—that they were subsequently cursed by for not being present—that

for setting the fire so soon—that Stock- ever,that Mr. Andrews will remain with had made propositions to Tom

us*

respected.— Cincinnati Gazette.

Special Notice.

We recommend those in search of medicine

.u5 —u.at to purify the blood, to procure fturley's Sar-

8aPari,la-

"^disputed testimony ami stea-

trin9ic value, then Hurley's Sarsapanlla is

had been—that Stocking told Longley destined for the relief of mankind, and him-

how he killed Rose by stabbing him—

Belf to be equally popular. P. M. Dou nelly is agent in th.s city.

XABRIED.

On Tuesday evening last, by the Rev. JOHN LEACH Mr. R. B. PALMER, ofthis city, to Miss. JANE BOSTICK, of Sullivan county.

NEW ADVERTISEMENTS.

BUSINESS DIRECTORY.,

merican Express Company. Office iu Ross' block, West sid" of Public Square. M. S. WAESON, Agenu

BEMENT & CO.,

Wholesale Dealers in Groceries, Iron, Nails and Flour. Corner W abash and 1st. street.

ADAMS.

Auction and Commission Ro"m°, No. 12 Early's block. S«lex evtry Saturday.

Cigars!

Jmentrec3ived,

:n(T ,Y 7 MoWs, Tea*, ^ices. Tobacco, Flour, Balng counterfeit money and having a

WASAINGTOK, June 9.—The Postmaster General has issued orders that the sweepings of all the post-offices in the country shall be thoroughly search

reaii

Covington, Ky., in December last, has «d, in order to avoid the possibility of 1\AAM 1 1 «. iltA 1-X. .fl li

Al). in nwlor t*v iU. ...

the loss of letters or other mail matter.

THE OBJECT OF THE THREE GREAT ARTIES.—The Covington Journal savs

UST a fivt-h and choice assortof cigars and tobacco, »t WESTFALL & TRAPP'S. July 11—tf.

A I O N I WILL SELL OX SATURDAY, A FINE LOT OF FURNITURE

On consignment, both now and old also, CLOCKS, WATCHES, RlSADY MADE CLO rHING, fcc at Ko. 2, Early's Block.

Julyll dts.- J. M. AD A.VIS.

FOE RENT

A neat an'i comfortable dwolliug-house on 6th street. Enquire of Julyll-tf. VV M. E. McLEA N,

MORE EXCITBMENT

OPPOSITE THE POST-OFFICE!!!

JAMES DAVIS,

DEAI.EFC 1$

GROCERIES AND PROVISIONS, Fourth Street, Welch's Block, Terre-Haute, la. II A V1A a fresli assortment of Grwerit J. an Provisions just openi'd, I 11m now ready to wail upon the citizens of Terre-Haute with as cood mid as fresh artie'es in this line

any.''"1®1-house in the city and Ht prices

8toci ConiP''Vs*3

co".

large amount of the same in his posses- ?-os^' ?wc*?r' Lead, Shot, and almost ev-

sion. We did not learn what bank the counterfeit is on. It is supposed that there is an organized company of the fellows passing through the country, and peddling out this trash. Be on your guard.—La/. Gazette.

'...6~u«uU

iuiusiiys

objects of the three

The Know-Somethings or Free-Soil-

ers~T°

take care of the niggers.

The Old-Line Democracy—To take care of the foreigners. „ffth6 Am"?oau Party—To Use cm® i^^merKan •"'d

Ameri«"

KJ" The Vincennes Garble quotes wheat at $1 per bushel. y**"-

P,art-Su-ar, Coflfcc,

Salt,.&C., Tubs, Buckets, Brooms/Wash

Also, Cotton Yarn,

crythiiiK in the line. I rown Muslins. ID* Cash paid for all kinds of Produce.

Teife-Haute, July 6, 1855-diy.

A. A. HAMMOND. IT. H. NELSON.

HAMMOND & NELSON. ATTORNEYS AT LAW, Terre-Ilaute, Indiana. ID" Orrtcr in PhceuixRow, over Buckinghams Book Store. [July 5,1855-dtf

Bucklnsli am

CHAIR & FURNITURE

WAEE-ROOMS, ON FOURTH STKEKT, (A few doors North of Main,) |_T AS just received the largest and most A J. complete stock of Furniture ever offered p* 'u market—consisting in

CHAIRSof EVERY DESCRIPTION! SorAS, Plain Dressing and common Bureaus, Tables, Stands of different styles, Centre Tables and other tales, Bedsteads of 1 Looking-Glasses, Cribs of every description Lounges and many other articles too numerous to mention. Also, keeps on hand a large assortment of Chain? of home manufacture, warranted and Spring iChairs of every description.

ID* 1 he attentiou of couutry dealers is call ed to the above stock. •AJl sorts of repairing done o& the shortest notice.

H. BUCKINGHAM,

Ttrre-IIaute, July 6,1855-tf.

tbbsmdian

THfc propnetor of the Indian Sprin« inform the public that he is prLm& accommodation of

8uch

pS.Mt

honor worthily be-

man in Ohio is more highly

comSny

desire healthy and pl«SS

hot Wc&,her

Thes« Springs siiuat^d in M«rtin®S7iStmni^ Lad., 18 mi ca W. of Bedford, and 14 Mount Pleasant, .t «ael. of which hucks aie kept to convey P.1 Umea. Lavack, Burton "nd otherSTt

ted their virtues think them

June 21, 1855-dtf

Pleasant, ruu htcks. Vi«itor*fron,th« or South can come in the cars to Bedford

We" lt*"pa

INCOMPARABLE The wat«»ri8 said to re.«emb'e vers

n.nii,

of the White Sulphur Spring* ofVinriuj?*1 It is pafti- ularly well adapted to

in,many cases of Scroful .. Ery»iDe!»« nZJ ?7v4c'last season I have discovered on the premiSS ClialyWite water of very good qu«&y"%

FISH & GAME ARE ABUNDANt

5"d

a.lleyH an4

swings will b* i„

der. Bi ing in the midst of the MiSl 1 gion, coal and iron abound here, asX, perioi qualities of greTmarble, grey g„£ andgrind-8tone gnx.

There are m4Sod

locations in the vicinity forth* Mtabli/lim of Furnaces »ud Rolling Mills, and a \«na a

FINE OPENING!

for the first to commence the business here I would like to have it understood that? don't want everylxidy to codoe at once, for if thry do, some will hereto layout or he tuiif upon pegs (or bate not row, to hold thm an~though I Will do the liest I ean.aad^, fr Hotels and Boarding Houses in the vicluity will doubtles* be accnminodathiir eons desiring to use the bath had best brinir their own towels. 7

Thf season will close 15th October/ Watvr shipped in new good barrels vbi ordered.

J. R. DUNIHUE, Proprietor. June 27-dt mvd.

FOR THE

SODA WATER1 IN THE CITY,-GO TO ,, WESTFALi & rum,

Corner of 4th and Ohio Streets.

ihs"

June

9, 1855-dtf.

Bo&rdiiig! BoatdidgM

MRP.

RUGGLKS now prepared to accommodate a few mora boarders, ith or withoul-liidjL'iitg.. (D* Room East aide of the Public Sqn&S, a few doors above tlie Cuv Hall.

May 28, 185.4-dif.

VALUABLE LAND FOR SALF

Two lluuditid Acres—50 Improved*.

1 HE subr-eriber off rs his land for sale It lies ten milfcs^outh of Teite-Hautf, Vigo county, Indiaija, and is ashealihv and pleasant a locality as any iu thclV'.ab^sC Val-. ley. I think the soil is equal -fd any iu tW State for producing and is NVell adaptiid for a stock farm, liaviric on ir four neverfailiii? springs, with small-creek ruimingthrough part of it. Kifty acres is welj. iiupinvwl, ^.nd iins ccmfortahle buildings onii the balance of the 1 nnd is heavily tiinbeml—Qw hundred and fifty acn-s, all rrmtuct(rft"Wib* er—a steam saw- mill witliin t*o hmioM yards of tho land. It lies two tiii '"•If trom the Evansvfllc and 1 «rri-Baui« Railroad dt-jiot »'lVrms made ea.y.

O* Fcrr particulars eiiQuiieof N. C. SP .RKL ^Tear the Town HsU-

Terre-Haute, 29, 1855-dtf

NOTICE.

EXPECT to be absent from town three or four weeks, and bate dopushed my Docket with Lambert Duv, Esq., where those having business un* settled, or wishing to examine the same can call, and have it attended to in nty absence. I. M. RAY.

A CARD —Having sold my -stabli^ ment on Market street., East of the and purchased Mr. TUELL'B interest iriW firm of GEO. F. RIPLKY Co., North («'W Square, I shall take much

pleasureherw^

in serving my friends, acquaintance*, wot**

g[ats,

ublic generally, in the line of Dry Gooo'i Boots, Shoes, Bonnets, Ac., Ac. The business will rontinue

w'.

change of firm, and will consist of

F. Ririxr and the undersigned D. s. BANALDSOK IFOTICE.—Mr. D. wifl continue in1 TO*^ Warrantbusiuess, and the various flu"®®, Notary Public, »nd will wait upoHi old uiers, their JUNOB ohildrcn, promptly WO fici^ntly.

O* Lawd Warrants bought and solo. Mav 19.1855.

SYRTTPS! SYRtfPSM

ALL

kinds of finely flavored SYR^ used in connection wi:h Soda Fo

including Lemon, Pine AppK "••'jP Rose, S*r8nparilla, Strawberry &C-—w in quantites to suit th«' tiaHe.nt

June 19 tf WESTFALL &TRAPP\

Dr. WABHEN, Dentist

Thankful for theliberd patronage^^ recieved, continues to perform all P"* in DENTISTRY in the same

SfiRSS-mMtrnmniX* March 8-tf