New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-11-12
THE TRIBU NE.

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TaE JlScKENEocKER FOR 1872 John Allen, ls9 Nassau-
street
The November number of this sterling Maya
zine Is well filed with literary matter of its usual
s.anp. edward Alord and his Play-fellow' is con-
Guided. 1t is an excellent tale-conveying useful
lessons for the formation of character and the
duct of life. Idleberg; Scene in Kentucky, is
pleasant descriptive sketch. The Hermit OF
Cstara is brought 10 conclusion, and several IN
teresting prose sketches with three or tour hne
Poems Eli up the number. The Editors Table is
well loaded with its usual variety. Among the
Literary Notices is one of a forthcoming volume
Of Poems &c. by Judge CHARLTON of Savannah,
Ga: we copy the following note to one Of the hu-
mcrous poems: il Boz had told the story he would
havebeen crucifed for SANDER =
A GEORGIA TRIAL.-A friend of mine has re-
Gently returned from an excursion into the
circuit OF this State. He tells me that, while in
the county OF -, re strayed into the courthouse,
and was present at the arraignmcrt of man OF
The name OF Henry Day, who was charged with an
attempt to kill his wife. Day was a pale little
mar; and the wife, who was present, was a per-
feet behemoth. The indictment being read, the
prisoner was asked to say whether he was I" guilty
or not guilty He answered There's mighty
chance OF laws ers' lies in the papers; but some
part is true. did strike the old lady; but she tt
me powerfully first. She can swear equal to
little Of any thing, and her kicks are awful I
reckon what you say about the devil moving me is
pretty toleraby correct seeing as how she moved
me. have told you all know bou. the circum-
stance, Mister. | gin Squire Jones there FIVE
dollar bill, and | allow he'll talk it out fer me.
Squire Jones thcreupon ro,e, and said he had
law point to raise in this case, which he thought
conclusive. 1t was an tablished rule of law,
that man and wife were but one; and he should
like to know if man could be punished for whip
pisg himself: he should be glad to hear what the
Solicitor. General could say to that. The Solici-
torGeneral answered, that he though his brother
Jones had carried the maxim trlhe too far men
had often been punished for beating their wives.
If man should kill his wife, it would not be SUI
eide. Here Squire Jones interposed, and deGed
the Solictor-General to produce an authority to
that effect. The Solicitor-General looked over
Greene and Lumpkin's Georgia Justice" for
sorae minutes, and then observed that he could
not find the authority just then, but he was sure he
had seen the principle some where: and he called
on the Judge to sustain him. In the enthusiasm
evidence as to the guilt of DAY in the premises.
The Judge being likewise oblivious of this fact,
proceeded to charge the jury. He told them that
man and wife were and were too. If the wife
ran in debt, or abused neighbor, or knocked
down and dragged out a fcllow-citiZen, the man
and wife were one. If the husband did any Of
these things, then man and wife we're two. He
remarked thatin either event, tho man was legal
Inbound TO suffer; and therefore, come at it us
they would, Day undoubtedly guilty. He said
he, would decide the question, whether if man
kin his wife i, was murder or suicide. He was
not prepared TO express an opinion upon that
point; i, was u very delicate one. and he had no
idea Of committing himself. (Soms one IN the
room here observed that he was mighty fond OF
committing others.) He then called up the bal
lia lromcndous-l looking cracker, wearing broad
brim white hat with Grape, | never saw man
south Of latitude thirty-three tina, did not wear
white hat with Grape, j and proceeded to admonish
him that the jury were very much in the habit OF
coming in drunk with their verdicts and that if 1t
happened in this case he would discharge the pris-
cncr, and put his punishment upon him. The
bailitf giving significant glance at the Judge, re-
Piled, that other people beside the jury came into
court drunk; that some people thought other peo-
pie drunk, when some people were drunk them
selves! The jury then retired, and SO did my
friend The next day he returned and found mat
terra in satu quo, except that Day and his wife had
made up. asd were discussing together the merits
Of cold fowl and quart Of beer, and now and
then nterchanging kisses, despite the frowns and
becks of the officers. The Judge, Clerk and She
riff had been up all night and looked wolfish; and
the bailif WAS seated ON his white hat at the door
Of the jury-roum, and his countenance indicated
that he had swallowed the concentrated venom of
thousand wildcat The most awful curses,
oa:hs, and sounds proceeded from the jury.room ::
some were roaring like lions, some crying like
children, mewing like cats, neighing like horses,
&c. Atiast a short consultation was held at the
door OF the jury-room, between the foreman and
the bailiil; whercupon the latter, putting his white
hat onc-sidcd on his heal, came into the court
room, end addressed the Judge thus Mister
Tom Jahes says the Jury can't agree about this
here man; and if you keep him (that is, Tom
Jakes,l without grog any more, bell lick you on
asght. The Judge appealed to the bar if this
was not contempt of court. and sGreepe and
lumpkins Georgia Justice having been consult
ed II was finally decided that as it was threat
addressed to the JuJgeas q private individual, and
was to whip him on sight, and not on the bench,
twas not uuder the free, onlis mened, and demo-
cratic principles of Georgia legislation contempt
,oi court This being settled, the Judge directed
the bailifi TO say to Tom Jakes the foreman, that
tue jury should agree if they stayed there through
eseraity.' The beilifi retired, and so did my
mend but he gives it as his opinion, from the
name of mind in which he left ell parties, that the
Jurors and beiliti are stal there.
Gr The November Number of the Southern
Literary NXesseager is for sale al this offcs