davidaulloa/AmericanStories huggingface dataset:
Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-09-28
Doings in Squire Wards Court.
BY OfN THE CORNER.

Hearing an unusual excitement In
Squire Wards Office, last Saturday,
and being anxious 10 pick up a court
item. l dropped In. and seated myself
in the corner hard by the court. and
facing the attorneys. at law. When
l entered DID. Jones. Esq. was urg-
ing that the plaintiff be non suited. be-
cause tho name of w. w. Butler was
given, instead OF William w. Butler.
Squire Ward decided that that was
not sufficient. and so the attorney
for the defendant, had TO proceed
This led me into the history and merits
of the case. ftturncd out TO be asequcl
10 the case Of Il. II West ~. Henry
Berry which so fully reported trsm
the Circuit Court few weeks ago.
II appeared, on the testimony of Mr..
Linck. that while Henry Berry was In
California. Mr.. West called 10 settle
with Mr.. W. w. Butler who was then
keeping store. and for whom Mr.. Linck
was serving as clerk. In the settle
mont,a private account OF Mr.. Bcrry's
was included. and paid by Mr.. West.
Mr.. Linck testihedto the correctness
Of the account. Mr.. West paid Il.
trusting that when Mr.. Berry returned,
he would settle with him. This suit
was brought to compel payment.
Failing to non-suit the plaintiti, the
attorney plead that Mr.. West was not
authorized 70 make such payments
But he got ashamed OF that plea, and
withdrew il. now looked fora con-
Tossing Of judgment, when 10 ! the de-
fendant plead the act Of Imitation the
debt though an honest one. WAS merely
a book account, and ,oas moro than sta
years old I and therefore he wouldn't
pay III ...
Up TO this time. the able counse!
for the plaintiff had kept in a good hu-
NOR. But that was more than even
Kilgore could stand. lie asked for a
non suit, and obtained IL. involun-
tarily put my hands on my pockets, to
save their contents. and prepared 70
leave this court of iaw but not o.
Justice. Squire Kilgore went off,
muttering something. | thought he
said: ANY man who would take ad
vantage OF the act OF limitation. "
get rid ofraying such debt is an eeP
meaning. ] supposed, The is slippery,
but my right hand supporter says he
heard the word "steal.' That can't
be possible, and as report Court pro.
ceedings rs see them myself, and
understand them myself. / insist that
he said eel. II would be unwarranta'
Bile to suppose that such a man as
Mr.. Berry would. There Is a
law against stealing while the law is in
favor Of an honest mans refusing "a
pay debt merely because it was book
account and more than six years old,
BY this act Mr.. West loses about $40,
which he paid for Mr.. Berry. But i
would rather be the loser than the
gamer by the transaction. Believe
me, dear people. that when Mr.. Berry
comes before you for clerk, four years
hence, .you. will think cfthe act Of lin.
itation.
Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-09-28


bin peers. and The Judge cannot be call.
ed 70 account for his conduct. For.if'
| rightly understand the positions
which are maintained throughout. they
arc these: A court may commit for
contempt whether perpeuated IN court
or not. This commitment whether
legal or Illegal, cannot be examined
or overhauled by any other tribunal.
but il Is 70 be.eonsidered as final and
conclusive. and il may continue during
thepleasure OF the court. II the pris,
oner Is brought up on writ OF habeas
corpus. the court Is TO remand him the
the moment IL Is perceived TO be for q
contempt. and no writ OF error will lie
on this decision; and although tkis may
BE- spicked and Oppressive. and may OPP
srufs as an imprisonment for IRE. yet
the court so acting is not liable to pun
ishmsnt; for commitment is judicial
act. and il is contcnded Chat no judge
can be questioned for judicial acts as
such. Here then Is case (excluding
the favorable imposition Of the Exec
uiivs or Legislature. where an unjust
or tyrannical judge may. at pleasure.
imprison an innocent man forlliie. and
and yet place punishment at defiance.
A doctrine pregnant with such mon
slrous absurdities. and teoming with
such horrible results. can never be IN
unison with tho letter or the spirit OF a
free and enlightened system Of juris.
prudence. And, although l trust we
have nothing 70 apprehend from such
practices in the times in which we
live. yet scs ought to keep oar eyes fired
on futurity. The all.peryading force
Of corruption and tho all-grasping lust
Of power may raise mp. for the de-
struclion Of unborn generations, mon
who will devote themselves 10 oppres.
sim and TO blood. Why are we TO
expect an exemption from the common
lot Of nations? In the true course OF
events. we must. indeed. travel the
round Of human calamity. Pesiilenee
and war. famine and oppression. will
visit US, and we must anticipate that
In some period the Tresilians and the
Jefirieses Of former times will live
again in our tribunals--men who viii
imprison under the forms Of justice,
and murder with all tho solemnities OF
law. And when such monsters arise
to scourge the human race. let me Yell
you they will be supported by the arm
Of power, and win DO attended by
their obsequious satellites and smooth.
faced parasites. who viii deride the
Magma Charta Of your liberties and
laugh at the majesty Of the people"
Since the above was in type. We
have learned that Judge Davidson. O
the Supreme Court, dashboard the pc
tition. and tried tho criminals. They
were sent back to Jail. to remain unit
they were willing 10 take tho oail
which they did the next day and were
released. There is. nevertheless,
need for some law on this subject.
Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-09-28


We publish in our paper to-day. Ar
advertisement from this house; and In
calling the attention OF our re aders to
II. we take occasion to copy from the
Cincinnati Gazette Of the 18Th inst.
the following editorial noticc'
We spent some time yesterday In
visiting and viewing the largo stock OF
dry goods in the various d apartments
OF this fine store. on Fourth street. be-.
tween Walnut and Vine. and were
well rewarded for the time II cost US.
by the enjoyment we received in view:
ing the various displays Of taste and
art which the examination Afforded
The stock on hand (and by the way,
they have never had a larger or finer
one. consists Of every variety Of style
and value. of ladies and gentlemen's.
children and youths, and housekeep-
ingdry goods, arraigned in four diff.
ferent departments, and visitors on
making known their wishes, will be
Immediately conducted to the proper
locality. who're viii bo exhibited to
them any and every variety they may
desire. "a. 49,
The Inducements for purchasers 10
establishment. are IS r -.
First, the stock is one Of the most
extensive in the west. and is kept con.
stantly rcnlenished by the arrival Of
new goods, comprising the newest
styles Of fancy goods and all kinds Of
good and plain fabrics from the lowest
To the Highest cost. s..a art - +.
Second. the prices are never exorbl-
lant on any article in tho house. and a
large variety ofgoods are sold at rates
which can only be afforded. by those
who buy very largely and know where
TO obtain goods nj the lowest rates,
Third, the statesmen are instructed
always 70 be truthful in their state.
ments, polite and attentive 70 all who
visit their house. and never urge upon
any, goods which do not please them.
For further particulars we refer our
readers to the advertisement OF
| Messrs. Lee Il Co, in te-days's Ga
zetle. aud we especially commend e
our fair readers, particularly. an early
call and examination for themselves"
II
Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-09-28

= Our quiet village was thrown into
great excitement this morning. by zoe
sudden death Of a student. by The
name Of E. H. Rossmsn. from damil-
ton. He roomed in Campus Cottage,
on the College Grounds The light.
ming struck Locust /, &C.. throwing
one Of the limbs on !, s.s.,ottage; near,
ly the whole. side Of his room was
shivered. Itwas supposed that he
was sitting at bis desk. book was
open on It. aid bis chair was sitting
near by. When found he was lying on
his back. His hat and boots were very
much torn. He was member OF the
Junior Glass, and a young man of fine
promise, and much beloved.
A son Of Major j. M. Milliken. was
in the adjoining room, was consider
ably stunned. and barely escaped with
his life. 1t occurred about 8 O'Clock.
All the glass in the window, and in his
book case was broken: the window and
door casing torn of. 4 ..le sff
The rod on the Runyan House was
struck, and the shock knocked down
the lady Of the house and two children.
end three men who were in the livery
stable near by, q. w .Keeiy. )
Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-09-28
GarrssponSsnts.

Mr.. GOODWIN I'll saw an article IN
your paper Of last week. wherein, you
charge Mr. j. III. Farout ~ being in.
TO discharge the duties OF
County Commissioners. in consequence
of drunkenness, and that he las here
tofore been rendered harmless to do
wrong, and that the interests of the
county. have not suffered, in conse-
quence Of his sober associates. { j
write from memory, not having the
article before nae. Now. / think you
have done Mr.. Farout, great injustice.
| do not know whether you allude to
me, as one Of his sober associates
who has rendered his disposition to do
evil, harmless or whether his drunk
enness. of which you speak is oil q
recent date. j can assure you, that
while | was associated with him as
Commissioner, from between four and
five years, he was strictly sober man.
He and | boarded, and roomed toge'h'
err almost universally. during the SEES
sions Of the board. and was he that
drunken character you represent hlm'.
| think should have been likely 10
have discovered it. Your informant
is base slanderer, il be says he was
drunk during that time while in the
discharge of his duties as Commits
sioner. know that you are not in,
timatcly acquainted with him. or you
never would have suffered such an ar
ticle to appear in your paper. He de-
tests drunkenness probsblyas much as.
YOU do. hope you will make the
proper correction, and set him. at
least, where you found him--a faithful
public servant. HadI remained ST..
lent, felt as if should have endors-
ed the SANDER. Yours truly.n u.
Mt. Carmel, Sept 18th. l.. AYRES.
With much pleasure we allow Mr..
Ayres to give his opinion Of his former
colleague. tits candid statement Of
the matter, as he understands Il. and
we accord to him all that he can ask
1.-The right to entertain and express
his own views On the question. 1t
win be seen, however, that it does not
materially contradict tho opinion we
expressed. We never saw Mr.. Fa-
route, during the sessions cfths board.
so intoxicated as to be unfit for BUSH
ness. but we have. at other times. Mr..
Farout will not deny, that at times he
is somewhat overcome" He will
not deny that in conversing with a
citizen Of his own township, no longer
ago, than week before last, he yirn-
49,
Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-09-28
Another Gold Country.

We learn. From authority in
which implicit reliance may be re.
posed. that the Territory acquired by
the United States under the Gadson
Treaty with Mexico. Is rich in mineral
wealth. containing both gold and sill
yer in gleat abundance. We believe
there need no longer be doubt on the
subje /. and that another California
awaits the pick and shovel Of the har-
dy miner, within the territory OF the
United States promising bountiful
reward for the enterprise and labor
which shall unearth its treasures. / I
The auriffereust region il. not con.
fined to single locality; but the pre-
cious metals are found ia many places
along our new line. and in localities
distant from each other, Nor is the
mineral district confined to our new
acquisition. The mines extend across
the line. and for some distance into
the territory which remains to Mexico
in consequence Of the senate's amend
'mendmen,s. to the treaty as originally
framed. Major Emory. having dis
charged the duty assigned US Commits
sioner to run and mark the new boun-
Diary line, may be expect to report in
person at Washington within a few
days. He is we'll known as an accom-
plishcd engineer, and careful, psacsi-
cal man. not likely o be led astray
by false lights when engaged in the
daLies Of his professionI and his reports
10 reference to the Territory in qucs-
ton win be received with interest and
confidence. That the major and his
brother officers on the survey will fully
confirm aur adsices relative 10 the
mineral wealth of the region in ques.
linn we have no doubt. -
Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-09-28
Maine.

The Rural FInteiiigencer, published
at the Capital Of Maine, and devoted
to Agriculture. insists that the result
Of the recent Election in that State IA
by those who declare Il
a triumph over the principle of Prohi-
bition. The Editor says;
"Some people seem to think-at
least certain editors in other States so
represent-that by the late election in
this commonw wealth the principle of
the Maine Law has been repndiated by
our people, and that henceiorth the
grog shops are to be rsopened, and
rum is to run as freely as in days be-
fore the principle of prohibition passed
upon the statute book. We think this
is as unjust to the party that has sue
ceeded in the election. rs il is re-
proachful TO the commonwealth. We
would be candid and truthful in this
matter. We would not have our
State placed before the world In a
false position. We would vindicate
her good fame, and the consistency Of
her long.avowed and well-setsled
principles. II is certainly much
more fair and agreeable, to us at least,
to Judge men and parties by the prin-
cipics they themselves have gavowed.
than TO condemn them in the spirit of
false accusations which is too,common
in the conduct of rival and hostile
partisans. Is the party-or alliance
which has just succeeded IN the
elections, the enemy of Temperance?
kit opposed to the "Maine Law,"by
which words we all mean the princi-
pie of prohibitive legislation in regard
to the sale Of intoxicating liquorsY-
Does it intend to repeal even the In
tensified Liquor Law Of last Winter.
and open he grog-shops for the free
sale OF rum? In justice to the victors,
we must do them the credit to say
they have not avowed nor do they
entertain any such designs. They
profess to b. as good friends Of Tenn
perance as the party that has been
defeated-nay, wiser and more Elf
Gent friends Of Temperance than they.
They stand pledged by solemn rec
ord Of their own deliberately consider
ed, and widely published declarations
-, f,>..,, &c rao.lu
tons, adopted in the State Convention
of Delegates. who passed upon the
subjects at issue, who laid down their
platform ard nominated their Guber-
material candidates upon il, TO sustain
the principles of the Maine, La,c. that
is. the principle Of prohibition. and to
prove themselves better and more ell
iicient friends of the object oil It's
enactment, viz; Temperance. than the
present Administration, by making
such essential notifications as shall
more truly comport with the design oil
the Constitution. and be more et1ectu'
ally and universally executed. Let
us give them credit for these probes
sions, and in all candor wait and see
whether they do not fulfil their own
chosen promises and pledges. When
they fail TO do this. it vii be time
enough to Judge them unfayorably,
and time enough for the people 70
pass upon their acts, a. they Will
have the opportunity Of doing in one
short year, las 4tsw VI tssne
Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-09-28

PsckEnD Px<cnxs. Take q gallon
Of GOOD vinegar, add TO IL four pounds
Of sugar, boil II for few minutes.
and remove any scum that may arise.
then take ihe cIingstone peaches that
are fully ripe. rub them with a fan
nel cloth, to get of the down upon
them. and stick three or four cloves In
each. put them into glass OF earth.
ern vessel. boiling hot; coycr them up.
and let them stand in cool place for
Q week or ten days, then pour OF the
liquor, and boiIit as before. after which
return il boiling TO the peaches. which
should be carefully covered and slor.
ed away Tor future use.
Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-09-28
IMiMisSOl

On the ED inst. by Rev. w. w.
Sullivan. THOMAS PsARsoS. 70 Miss
MARruA N. RUDE, all Of Union coun-
ty Indiana.
On the Goth Of Sept, by Rev. I. A.
Goodwin. JosErn II. WYNN. and AnI-
CAL APPLETON. GFsf1 ~ |
On the Goth Of Sept, by Rev. Jas,
Gilchrist. JoHS J Corr. and MARY j.
GrLcunIsr. -.. -.
Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-09-28

We never knew III last week. why
ithas become necessary Of late. to
have 80 many baIliGs We presume
there are not ten men In the county.
who have any idea Of the amount paid
TO these hangers.on to the public ieat.
To give them an idea, We publish the
following allowances to them foi the
last twelve months. We do not know
that the present Sheriff employs his
bailias in civil cases, but some Of his
predecessors did. and then apologizcd
that even at that, the Office was not
very profitable, That Is, III not
profitable enough unless the county
pays deputy by the day and the
sheriff collects fees from the parties
The amount forthe year Is the hand
some sum Of EIGHT HUNDRED
AND SEVENTY. FIVE DOLLARS
-. x.s.x
Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-09-28
rTwe enjoyed this week. pleas

kTWe enjoyed this week, pleas
ant interview with A. L. Simpson, Esq,
an intelligent member Of the bar. in
Bangor. Maine. He voted for Wells,
the Democratic candidate for Cover
nor, but protests against the use the
old liners here. are trying to make Of
the election. He says the principle Of
prohibition is not questioned in Maine;
that five out of every six voters will
sustain prohibition. The Republicans
were defeated on some obnoxious fea-
lures, of what is called, The Intensi-
fed Maine Law. Many of the best
temperance men, oppose those fea-
lures, and the successful candidates
are pledged to give as efficient a law
with less offensive peculiarities, -
Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-09-28
Tho Sentinel on Revivals.

The State Sentinel has become deep
ly interested Of late about the want Of
REVEALS in the Methodist church. II
lays down rules for the conduct OF the
people and preachers that will ensure,
Il says. 'rcfreshing from the presence
Of the Lord" Among the things pre-
scribed. is that preachers cease using
their influence in favor ola prohibitory
law, and lin opposition to the princi-
pies advocated by the Democratic par
w."
Now we undertake TO go security
for the preachers that they will not.
directly or indirectly interfere with any
question advocated by the Demo
cratic party" that is not directly con-
nected with morals and religion
Had the Sentinel editors labored as
h ard for revivals as some ofthe men
it now defames. and then seen many
Of the young men Of whom they had
had large hopes. reeling in the streets.
in less than six months, made drunk
at some Of the democratic Institutions
vulgarly called doggeries, to protect
which the sacred name OF Democ'
racy is now invoked. they would feel
that they were doing God service and
their country service, TO unite with
their fellow Christians to remove
these sources OF vice from the land
We can assure the Sentinel and its
friends that il revivals can not be real
lied until the preachers of every prot
sstant denomination cease agitating the
absolute necessity os a stringent pro-
hibitory law, they will be a long while
coming. You must first convince them
that the coming Of Christ's Kingdom
will be best promoted by the sale Of
The "waters OF death, "and by the uni
versal spread Of the curse Of slavery
that drives from their circuits ministers
Of the gospel, before you will hush
them up on this subject. 8 Da.A'' q
Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-09-28

E1 Inaammatory rheumatism,
says an exchange, can be cured BY
mixing half an ounce of saltpeter and
half pint of sweet oil, and applying
externally. ..s
Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-09-28
Distressing Situation.

On Wednesday Of last week the
East Fork Of Whitewater rose very
suddenly, and soon became past safe
fording. AMr. Bolan Of Rock Island
county H., formerly Of Springfield
township, was on his way to visit his
old acquaintances. Finding the river
very high, he feared to cross, but the
toll keeper assured him il could be
done. They had not gone far when
the carriage was washed down, against
the tree below the ford. and had to re-
main there until skif could, be sent
for, to extricate the unfortunate travel
ers, consisting of two men. 2 women. a
little child and the toll keeper. They
were there nearly two hours. Mean
while the river continued to rise rapid
ly. The peril Of their situation was
great. This is another argument in
favor of building a bridge across that
stream.
Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-09-28

slnss no enlargement % our paper, our circu.
lation has 80 Increased thai ue have nov. beyont
question, the largest circulation IN Indiana, en-
e.pi perhaps. i've papers N IHdianHpolis. and u
!. = clrcnlsilon In he veal,hieat portion Of NE
S.nta. Business n1u who want 10 advertise In
ne white water valley, viii DO we'll 70 rsmsm.
bsr lhls fxcl. &IHH 49, ~ t
Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-09-28
Contempt Of Court---Tho Habsas
4fe Corpus.

totP11s /
A recent decision Of Judge Niblack.
Of The Evansville Circuit reminds US
that Me tyranny now exercised in
Pennsylvania is nearer our own door
than We ever suspected. Judge Igle-
heart. oflhc Common Pleas Court
committed the County Clerk, and
liquor seller. for eonfenspt Of court, in
refusing TO be sworn. on certain liquor
cases. then pending before his Court.
Application was made to Judge Nib
lack, Of the Circuit Court. for writ
Of habeas corpus, but. we understand
from the Evansville papers he
refused to have anything TO do with
The case. precisely on the ground set
forth by the supreme Court Of Penn
yIyania in the case Of williamson
that each court should be Judge OF
what constitutes contempt. and no
other court should interfere.
Now while We admit that Judge
Ieleharl was right, In Furnishing those
who refused TO be sworn. for contempt.
(for ifthat Is not contempt Of Court.
It would be hard 10 define ~ we must
contend that Judge Niblack's doctrine
is rspugnant 70 all our ideas Of free.
dom md The right Of trial by our peers.
This may. however, be law. Wepre'
sumo il is. It's custom. at least. but
IL Il Is law. ID is not liberty
While We believe every Court should
have power 10 punish summarily, and
punish severely. every &C. Of contempt.
we contoad that the liberty Of the
people Is endangered IL there is no ap.
peal in the case Of imprisonment, as
in other cases. II we remember cor.
rectly. Judge Lookhart once lined
John fngle. Jr. Of Evansville. 500
'o' eon''"p' " Soa''' - aPP".s
The Supreme Court, and that Court
decided that the act complained Of was
NOT eontempt-,hat the Judge had no
~. - 10, ha
flsh' 70 asmaha u "'. iss'e ss'' ~
did. Inc court demanded 'hA' MI
inglc should answer certain questions
respecting the advice he had gwen
CLIENT Now. according TO the new
Democratic doctrine that 4 enforced
= p~~as..,.sn,. ana rndiana had the
:" '"" '' -, a.
Judge sent our iriena inglo 70 'ne
Jail. be might have staid there TIL
dooms' day. for Judge Lockhart would
Meyer have taken IA hack.
,sa L. =. ,vh,.h an am.
~ 'ne's :. w ~" y Wv" = n
peal can be had. nom decision OF
the Judge in this case, there certainly
should be. The case of Williamson
- c,.-, II ~.
ana the ease ~ ,h'' o'e'A aau s''
esmpanion m oona'' asmohs''a's 'h's'
Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-09-28

fTIt is not true that Judge Cant
is candidate for commissioner at his
own instance. We are sure that he
had not thought oft, until it was men
toned to him. There seems to be so
general desire to put some check on
reckless expenditures that men of all
parties, relying on his integrity, solic-
tied him to run. ~sh q