davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-13
Supreme Court-Gensral Term.
Before Judges Mitchell, Roosevelt, and Clerks.

Dec 12--1As Seatoard amd Roancke Company re-
ward-Ihe facts which give rise to the opinion
discontnue his action payment Of COSTS at any time
before judgment demurrer, before the case WAS
and hs period %
day, unless the Code has taken away that right II
allowed In Chancevy even whom the cause was called
for hearing; although the defendants ready to
argue the cause on its merits and strongly opposed the
dsnissal Curtis rs. Lloyd, 4, Mylne 4 Kerne 1e4.)
Chsnc walworth said, (in Cummins w. Bennett Paige
III that Is matter Of cause to permit complainant
TO dismiss his bill at any time before interoc utory or
final decree has been made inthe cause upon payment
IF costs 1t was conceded by the counsel on both
sides that this right continued IL q cross bin
were fed but that then It did not carry the cross
bin with IT, But IS the cross bill was the bill Of the
defendant II remained In court until he voluntarily
missed It, it dismissed by his default disposed
Of by the judgment Of the Court It also conceded
that the right existed in replevin when the defend
ant actor and may notice the cause we'll as the
plaintiff and continued actions Of contpct after the
law allowed to to the defendant, and his right 70
recover from the plaintiff any excess Of the scto be-
yond the plaintiffs claim In replevin the effect OF the
discontinuance judgment for the return Of the
necesssry effect Of The abandonment 81 the suit viz
mat acquired by the commencement Of the suit
snouid De returned when the suit voluntarily aban
eoneo ana this abandonment showed that the plaintiff
had NO right to the property 1t least in that action
ccua oe OBTAINED only BY the institution Of the suit and
ae LOT retaining II failed when the suit fall
Pr $3.50 whether, in discontnuance BY the plain
TN in repevn, would be part Of the Judgment that
that the old under the Engish statues
favored return (p 5i,) and the section Of the Re-
vised Statutes then quoted, q r. 8. b3O 53) IA
broad enough 70 include discontinuancc vSsti on
the motion Of plaintiff or defendant II is N the nro
perty pecHedin the writ has been delivered 70 the
TIM and the defendant moves Judgment by dlscontinu
nonsuit, such judgment shall be that
have return OF the goods, &C. The defe ndant moves
the Judgment although the order Is made on the plain
ths motion The right Of the plaintiff to discontinue
his action having been sustained through all the
changes Of the law until the adoption Of the Code
must require some clear and uncquivocal language to
take IL awayt is not to be tax en- away BY Implication
unless the implication be absolutely necessary conse
quence OF fome OF the enactments. The parts Of
the Code referred to section 274 allowing the Court
to grant to the defendant any affirmative relief to which
he may be entitled section 256 allowing either party
after issue TO give notice Of trial section 25S, allowing
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-13
CITY TRADE REPORT.

TUEgpAY. 81 N.
ASHES ruled quiet at % IS for pots and 81 for pearls.
per leo lbs.
BRrApsTrr7s-Flour was on the advance The salet
IS % 80 76 mixed to fancy Western At % Is % IS
and extra Western At 80 80 s11; with extra Gensses'
Is Is; in bond and % So frss; with 900
eSs q mixed to fancy and s.r, Southern a % e2H
1900 good Southern d. at g TO- Rye. barley and cats
rather dearer. The sales since last ssti-
mated At As 500 Bushels at e4c e5c for Western mix
white, and eec q7c. for round yellow, per bushsl
CASpIJs.-There was less inquiry, but holders we're
mr., t 2sc sGs Tor plain sperm and sss a. TOR
15c for mould tallow, per ID.
corTn-About 100 bags Rio were sold st i loe, and
Corfn was inactive at ae,lc soc. for new SHEATH.
ing, 2ec. 2ec. for yellow do, and nc. ne. for
FRr1cgzs.-The advanee in the price Of Isdan corr
checked rhpments-t00 TO coo packages provsions %
M 90 es sSS e 3:
100 bales bacon at 22s Cd and bbls por q Ss,
and 10 terces rice at 6s and 20 900 lbs whasfoots q
some terces beef were engaged az 22s a. per ton TO
Hsvre 400 bales cotton were engaged At Ne 10 Bre-
shoe pegs, at &c. 3D. aud 20 tons measrement goods,
at 2os To Australia freights ranged from ssc 4oc
.ns saa M
Measurement vessel was chartered TO load with
sugar and molasses at Attakapas La, for New York. At
Fxuir-rhe sales included about 800 packages, At
81 75 for whole boxes NJ RS 81 IS for havss, and 76c.
for quarters, with sales lots layers at % H.
GissSo was rather scarce, and in limited rsqaest at
HsY.-xtcut 500 bales were sold for shipment, at g.
BY retail II was worth 81 IL 81 Is.
Hoxny.-There some demand for Cube, for home
Hors.~New were selling in lots at s4c ssc per ID.
Inos-1he market was dull, with small sales Scotch
pig at sss, six months. 49, ...,-~
day at 81 six . 81 SIX, cash, per 900. -~s
Ls.pssis. Of q tons u spanish we're lsporssd to
German At Skc Galena was nominal ct - 2saNeo
asked.
NAVAL sronr.-3oco bbls common rosin were sold At
s5 aaoat to - 20 from store, per $40 lbs delivered
- 81, and tar, selected shipping, At % IS.
NAns-some inquiry existed for cut q. axe. per 10
osss continued asas.ssmsn, Of p.r:;s ssSSs
movements In these. Olive retailing a. - % Per
baskets linsced At soc. slc and lard At SSfc sec
PRovIsIoss.--Pork was declining. The days sales
comprised 400 bbls at ss 12 for mess snd III - or
bought. 200 boxes short middle bacon realized axe
No. Some $50 bbls lard found g lvc lOSc.
per ID with 500 bb beef At 20 , % s,s sis "a ~
repacked Chicago per Dbl Nothing new was re-
| ported in butter or cheese; NEUTRALITY-SUSPICIOUS..
RrCr--The akef continued NAT anu nomnsi % &C.
eUc~~salcs Of 200 mats Of cassia were made 40
sucApThe market continued dull he sales embrace
cd 200 hhds. Cuba, part low grade at 4c. &c. ahd
| tho remainder, good quality, at &C. 80.
time Prices stir are firm saes--oo hhds KentucA.,
Florida, i4c &c; SO bales Kentucky STEMS p. n J.
wnsyry There have been 400 bbs. Jersey, 0h,N
sle is's,r sold a iec lie, cash, per gallon
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-13

See Be Il further enacted That the interest which
II may be lawful TO receive upon any note bond bill OF
exchange, other loan of money whatsoeveror upon
sse OF any goods, chattels, and merchandise
shan be six per centu per annnm, unless, by special
contract in writing between the parties higher
lower rate be fxed. - 4ss-s 4- s#s
Sec 3 be it further enacted, That in all suits in any
of the courts Of this State before justice Of the
peace Judgment shall be rendered for the principal
money, and the interest due, according 70 the rate
agreed upon and stipulated -Provided however, that
such rate shall and may be reduced TO ak centum
per annum upon the special plea Of the defendant.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-13

UsuRy LAWS IN NORTH CARoIIyA.-We perceive by the
proceedings Of the North Carolina legislature that Mr.
shepherd has introduced into the House Of Commons Of
that State the following bill
BIZ to repeal The Hin Chapter Rev. Stat, entitled
An Act 10 restrain the taking IF excessive Vspry"
BE II enacted by the General Assembly OF the State
Of North Carolina and II IL hereby enacted by the
thorty Of the same That the Revised Statute Chapter
III, entitled An act for restraining the taking Of ex.
essyc usury,' be- and the sawe is hereby, repealed
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-13


Of murder; but remember when you are In the jury box
you have sworn solemn oath; and probably you win
come TO the determination to agree with the District At
nothing II you come to the determination that he
killed It, and killed u Intentionally, then IL
ct up; and the probability il that that il
the most important question you have TO decide
whether this far deprived OF his reason not
ted this deed he insane. II is most Important
though, perhaps not the controlling ISSUE On eour
important and Of greater weight than any opinion er
pressed by any man. particularly when not founsd upon
facts Mems opinions are often governed BY their
wishss-by wish TO be mcrciful, while at the same
time they are perfectly conscentious We know that
men, too have strong theories and when they get upon
these theories we cannot depend upon them ~ upon
en free from these theoriessome swearing that the
accused and Others insane The learned Judge
hsre cited which had occurred before him where
s.o istssent physcians differed In toto on the san,
tie many different opinions given BY the lead
ing members Of the faculty when George III, King
II England first attacked with lunacy as TO whether
his nslady durable not and which point DR..
Wills, dering from the majority, proved TO be correct
He cited these to show that fun reliance could not
10 placed upon the evidence Of medical men. Some,
however, had charge Of unaics and these were tex.
per In the language Of the Iaw and where they had
them; but whore they have not had such charge not
much more reliance be placed upon them than upon
other intelligent men, but the law authorizes their evil
Bat the duty Of the Court to charge the ury that
mo great reliance can be placed and some ought or
ought not TO Be admitted But you must not consider
Snust be decided by the opinions and the facts the fac
being more important than the opinions 1t NAV have
insane who for twenty has been employed as he
had been-a who a clergyman empIoved
in teaching his fellow man the way Of sal.
permitted TO preach, and who was appointed 70 4
responsible situation hy such intelligent BODY as
he Senate Of New YORK. which he continued through
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-13
United States Circuit Court.


nEC 12-The United States Frederick A. Penoyer.
The prisoner in this "a colored man steward
on board ship Southampton, from Liverpool in August
last and is charged with selling bread and the ships
stores to passenger Mr. Joachmssen appeared for the
government, Mr.. McKeon being indisposed, and Mr..
Spencer for the prisoner. The stewardess and another
witness proved that they saw the accused bring up
bread and bottles Of c and get money for them from
the passengers. Verdict guilty. Sentence deferred
The Unitcd States Charles NJ 1Rompson.-The de-
PENDANT, who mate Of the steamship Pacific pleaded
guilty to charge Of smuggling. Sentence deferred.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-13

=
Mrs. Frances 8. Brown for some cause not yet mace
public 10 tho nswspapers lately left the bed and board
up her residence with her mother which did not exactly
corTesT with Mr. Browns ideas Of the duties Of
adectopate wife, and he thercupon caused the usual
ont just cau-e proyocation had deserted him. and
fcrbddne an persons from harbor,ng or trusting ber
e. he would pay no debt: Of her eontr.sting This
hsbed the following card -
''whersas my poor siily jealous husband, Cyrus L.
ehild-hss published notice forbidding all persons
trusting me ON account Of my bavng refused to
through regard for the truth and the cause Of justice
Of which he seems to have such vague notions, 10 make
in equally public manner the following statement Of
1st Ihave been married six years to Cyrus L. Brown
and ell the 'bed ever knew Of his having pro-
Cd lie has deserted me three times without any rea
fonable cause, and left me To support myself.
ID He he has treated shameully in other respects
9Th For the ast four years he has not furnished or
provided than hundred and twenty dol
lars IN money anything else towards the support Of
5th Since my arrisge to this smart, amiablc loving
man. should have suffered for want Of the necesssrics
Of life, had IT not been for N.Y. my mother nvn
Mr. Brown could not stand this and the next day his
rejoinder appeared in the paper under the head Of
.'Noncx-The notice signed Frances 8. Taber BROWN
1850 leaving my wife, Frances s. Brown, Sis cash and
draw bill VIM. r. Rodman for $40 per month, which
belonging to me- containing 10 acres for which she
ceived tie cash, and she also received 500 note.
There has been money In the Savings Bank Of this city,
bank book until my return this fall Ny dear child has
been in its grave two years have told her to
with me- to remain with her mother could not,
willing and am now regdy to receive her, board and
lodging being provided for her store in this city,
of which she has had months notice. Such the
facts, aud can prove them. $3.50
CYRUS I. BROWN.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-13
Court OF General Sessions.


DC. R.-Grdnd LGrceny-John Norton and John
Morton, Jr father and son. indicted for stealing
on the 4th November last $40 gold piece, several
hank notes. and silver watch Of the aggregate value Of
$S7, from Alice Burns Of 224 avenue B. It proved
that the elder prisoner slept in the where the
perty Kept in bureau drawer Mrs. Burns the
property there the night previous to the theft and in
In the to, and Key belonging to the elder Norton
found in the drawer that contained the money
he against the prisoners mot sufficiently sub
s,snt!Ated. verdict-Not Guilty.
Grand Larceny-Charles Butler was indicted for
stealing the h Of November last gold watch chain,
and ether articles of the value Of 5000 the property Of
Miss Wally strauh, then living at 20 Elm street The
there found skeleton key which fitted the door of
Miss Straubs room, and which prisoner endeavored Ia
throw away when arrested For the defence 1t
tended that prisoner purchased the watch from old
man, at 104 Reade street. but this not made cut
Verdict Of Guilty.
Indictment agains Pu0ilists.-some time ago, COM
plant was made. before Justice Clarke by Mr. Brinker
hoe, against the noted pugilsts Bill Poole and Dan
Williams, for assault and battery; the complaint how
usual custom, but kept back at the Police Court
contrary to the several and established rules Yester
day, however, Mr. Brinkerhof the complainant in the
case presented himself before the Grand Jury, 10
session. snd there made his complaint An indictment
thereupon found, for assault and battery against
thote parties, and search warrants accordingly
issued for their arrest but the accused parties have not
yet been arrested.
SsxnrcEp-John Brennan pleaded guilty to having
years imprisonment IN the State prison Henry john
ston also pleaded guilty to stealing cow and
fenced to six months in the penitentisry.
The Court then adjourned.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-13

LANDS IN KANsIs.--On TIE 10th inst, Mr.. Ross,
a nephew Of John Ross, ard Judge Hicks, full
blood Cherokee, who Ia on the bench IN the Indian
country, and is man Of very decided intelligence,
II ~ portion Of delegation sent BY the Chero
KEGS to dispose Of to the government q body Of
500 600 acres Of lend which that nation owns in
the Territory OF Kansas. This land lays far offfrom
particularly valuable for agricultural purposes. We
presume, however, that before they leave Wash
instcD will be Imcbsfed Of them by the Indisp
Departments.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-13
Superior Court.

Before Hon. Judge BOswerth.
DEC. 12.--Jdmes s. Gibbons The broadway Bdnk.-
This case, which has already been reported in the
Herald, action for services rendered by the
plaintiff in getting up the institution. Mr. Whiting hav
ing summed up for the defendants, and Mr.. James r.
Brady for the plaintiff the Judge charged the jury who
rendered verdict for plaintiff for 81 600.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-13
Law Intelligence.

SUPREME CouRr or nH UNITED SrAns.--Dec. ll-Dapiel
Kelso, Esq., of Indiana admitted attorney and
counsellor Of this Court.
Nos IL, IL, and l3--Jos. Battin patentee, and Gam
uel Battin assignee plaintiffs in error James Tag
CERT Robt Ratclic John johnson, and John G. Hewss
The argument in these continued by Mr. KEEL
Ter for the plaintiffs in error and by Messrs st. George
Campbell Sheppard and Mallery for the defendants In
error Adjourned.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1854-09-11

ELL. of Rock, and DR.. Horn were the prom
inent candidates. After about twenty
five balIotings, resolutions approving OF the
Nebraska bill were passed, when Ben Z.
E asrMAS obtained leave to address the
Convention. He defined his position and
the effect Of the resolutions, and concluded
by declining farther to be a eandidate'-
!Whereupon DR.. Horn OF st. Croix was
nominated. We understand that uraiis
Co. delegation sustained EASTMAN to the
last. After posing the Nebraska Resolu-
i tons, the Green Co. delegation Withdrew
from the Convention.
DIR. Ho1r is Register of the Land Office
at Willaw River; and consequently in close
connection with the Administration. We
doubt whether he accepts the nomination
|-perhaps it may be an ingenious plot t.
Get out some Obscure candidate whose prn
ciples are unknown, or his very existence
4 an uncertainty.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1854-09-11
county Mass Convention.

We refer our readers to the proceedings
and resolutions Of the Anti-Nebraska Con-
vention held at Lancaster on Wednesday
last. The resolutions are particularly re-
fered to, because they exhibit the unani-
nous feelings and principles Of the Con-
vention.
1t was the largest political gathering ev-
er assembled in the County, and perhaps
the most harmonious. 1t was composed
principally of old men, reminding lis Of that
old proverb: old men for counsel, going
men for business. Twas well: they knew
their counsel was needed in laying the
neutrality-suspicious. them, perhaps those
extreme-isms common to vigorous youth
might have changed the edifce into web,
with foundation laid in sand. What a
power Of strength these elderly counsellors
will afford to stand by our young men who
now embark in the business Of saving their
country from the clutches of demagogues
and sham Democracy
The Convention would probably have
proceeded to recommend candidates for the
County Offices, but there seemed to be no
candidates in market,--it was not a con-
vention of office-seekers, but of honest men,
met to consider of their rights, honors and
interests That our sacred rights and ho-
nors have been traitorously bartered away
by the Administration and Congress none
will dispute. To recover what treachery
has taken away is what now concerns the
public mind.
We think the resolutions express the
sentiments of a large majority of the peo-
pie Of Grant County, certainly of all who
read and do their own thinking. There
exists everywhere at this time a strange
condition of affairs: the Government Off
Gals, doughfaces, demagogues and office
hunters are nearly all in crowd by them
sekes,-the masses forming a larger crowd,
are by themselves; the former having lost
all but trife of their influence over the
latter. The question is, ecW tie former
e0er qecover that influence they had2 To
do it, they are now preparing to embark
upon the current Of public opinion, but in
vessels Of their own constructing, such as
the brig Noa-Interpcation and the barque
Popalar Sovereignty, We believe they
will shipwreek at the niger bars and po-
Nganay islands, in the shallow waters of
Salt River.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1854-09-11
u. S. MARSHAL's SALE.
Mordlcai J., Marsh and John ], Northrup,

Nordlcal j., Marsh and John ], Northrup,
US.
George W. Eastman and Christopher c. lobe
NOTICE IS hereby given, that by virtue o. o,
IN aft .fs. Writ of Execution issued oaI y
the United States District Court in and tor Iae
District Of Wisconsin, and to me directed a
gainst the goods, chattels and lands of George
W. Eastman and Christopher G. Tobe, a'I
for want OF sufficient goods and chat'es, J
have levyed upon and will sell at Public Auc
ton to the highest and best bidder for cash, a.
the outer door of Court House in I.ancastel,
Grant County, State Of Wisconsin, on MONDAY
the eighteenth day Of September, A. d, io'i,
between the hours of nine and twelve ocloSs
of said day, all the right, title and interest," ia'
the said George w. Eastman and Chrls!oPIie '
c. Tobie had on the fifth (5th) day OF ivy r:1
A. ID. 1854, or any time afterwards to lile ~ y
lowing described premises and real estate BIZ y
wit: Lot No. twenty-one (2l) oil Iow OWL. RAJ a.
of New California, Grant County and ''a, DoS !,
Wisconsin; said lot being ninety-mne &syl
feet front on Main-strcet, and running paw
one hundred and nirety-eight (l9s) leeI ~ y
being the lot conveyed to George W. Mase,g
William Henry and wife the 18th Of fe0Iua ai8
A. d. 1852, and recorded in book H. Of pe Us,
of the said county of Grant.-Da'ea h'"'''
Ter, July 3lst, A. D. 1854. =,
S.V. R. ABLEMAN, Mafsha'
6t6I by THOMAS J. oTis, Deputy
N. B. The above sale is hereby posfpoa,sS4
till Saturday the 18th day OF octoper Hf he
and to take place at 10 o'clock A. NJ; az, a. #
front door Of the PostOfiee, in the Sll az.
platteville, Grant County. instead OF lah'~
ter. S,V r, ABLEMAN, MafsLab
by THos. J. OTIs, Depa ayy,,1
senfemher Lin. 1854. -
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1854-09-11
NJ A r RIED

= sept oth---At Fennimore, by Rev. S. w.
Eaton, Mr.. ABNER McDANIEI. and Miss or.
CELIA SMITH, daughter of Mr.. Jacob Smith
s at the same time and place, Mr., AIaE.
daughter of Mr. Plat Barnum. - - =
The printers ofthe Herald acknowledge re-
ceipt of double ratons of Injuries from tb;s
iour-handed, prairie wedding party. Nav
= .nelr Journey through life be merely sporting
through Paradise.
:, Aug 5Oth-By F. Bo,lham, ESQ, Mr..
= MY =. hAMsDELL, Of Allamakee Co, Ia,
rison, Grant Co., Wis.
august 3lst--A,Lima byR John Lewis Mr.
RICHARD M. ]. BRITMEN to Miss Jr1Ia M.
RIA MEDLEY, daughter Of Joseph Medley.
September 3d-At Doagev;,le. M n pay
An, Of Mineral Point, to Miss EmrIrar Oss
formerly Of This village.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1854-09-11
News by the Pacific.
New York. Sept. 4

New ork, sept. 4.
Steamer Pacific, Capt Nye, arrived this
Left Liverpool on 23d ult.
Cotton market dull, and prices are LILO
ml-sd. lower. Sales for three days, 49,
900 bales.
Flour in fair request at e@9 per Dbl de-
cline.
Wheat decline 3@4d.
Corn active for speculative purchase
Market sd lower.
Consols buoyant and closing at 94@
94a
The surrender of Bomersund is confinmee
and the Paris Monitear announces that the
Austrian forces have actually enteaed the
Principalities.
Archangel is effectually blockaded.
All quiet in Spain.
Letters from the Bomersund give the de
tails of the capture Of that fortress. The ct
fectof the guns upon the wallswas terrlble,d
large blocks Of granite which appeared i'm
pregnable fell out in masses. The Engllsi
loss was only one, and the enemy had 8 XII
led and Z wounded. The20O0 prisoners arr
to be sent to the Downs to await orders
Among them are general Bodisco and thu
Governor and 1t. Gov. of the fortress.
Letters from Jassy say the Russion troop
will all have crossed the Pruth by the Is
September.
The cholera was making awful havoc a
naana thu allied. troops. The latest adyi
ces put down the French loss by choler
about 700, and the English at 600.
The Austrian corps was marching upor
Wallachia at the latest accounts.
| The health of the combined armies wa
improving.
GallipoG is nearly free from cholera.
The Russians suffered terribly on thei
route towards the Pruth, and took witt
them $4,000 sick. Prince Paskiewitcl
was to resume the principal command o
the army, in the place Of Gortsehakof,whe
was to have the chief direction of the troops
About 10000 entered Bessaradia.
The Prussian Government insists that thu
negotiations between the Western Powers
and Russia shall be submitted to the diet
out of Austria, but Austria refused.
The Russian headquarters have beer
established at Ismail.
| The Austrians have commenced crossing
1.-THE frontier at Varna and Seryia.