davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-20
Mistolnter OF Parties-What Constitutes n
Community of Interest.
SUPREME CoURT-SrEcIAL TERN,
Before Judge Peabody.


DKr Is -7ks Lerinsor md Big Srndy Riilrord Com
y1ng ~ H.nry ~ Goodman ard Thirteen other dsfsn
d1nfs--This i demurrer 10 complaint The plaintiffs
in their complaint that time prior 10 the
~ hil suit they deposited with the defendants
Goodman Bates Wilton, composing the hrm " " II.
Goodman Co. Ia the city IL New YORK securities 70 the
amount Of nearly million of dollars of several kinds
for sale Tor Their (the pantfs) account The securities
thus deposited are said have been al " them FOR sale
and a. e. some of them. VI " Goodman Co were also
authorized hypothccae them collateral security Tor
loans they might be able 70 procure Tor plaintiffs, aud as
others they only authorized to seli For loans
they also allowed 70 give the notes OF plaintiffs
dorsod by Aprcrson, and 70 this end pa nts left with
them notes papers signed 10 blank by plaintiffs. en-
dorsed by Appcrspn, to enable them 10 write aud OIL M
noles therein they should he able TO them from
10 time. The authority given by plaintiffs 10 n III.
q Co. was in writing, and Is set forth in the complaint
The complas; then proceeds 10 state different trans
fers and deliveries Of said securities 10 ten separate
defendants, AMI states IN way aud another
the different contracts under which they Sold pcdg
ed otherwise delivered 20 each Of the en parties De-
PENDANT stating the ~ each of the defendants sepa
contract between that defendant aad a. a. g x o. was
void, and then proceeds 70 pray for final relief against
the defendants according 10 the made nnd then asks
the temporary relief o injunction restraining the ds
posal transfer ~ them during the pendency o. ms
suit To this complaint the defendant Alderman demurs
substantially on the ground Of msoinder 81 actions,
urging that he should not be united with the other de
PENDANTS In the suit but should be sued alone v ~ All
and the question presented by this demurrer am 70 De
eide In the original measure lying al the foundation ~
this matter the defendants have interests somewhat n
common, nj least they would 70 have common 10.
terest In the contract between plaintiffs and G0oiman
CO. for on that contract depends the authority OF the lat
ter 10 dispose Of the securities in question After an eabo
review Of the facts Of the case the Judge concus
that judgment must go for defendants, with liberty "
plaintiff 10 amend 10 separate him from al defend
ants except Goodman CO. who trustees may properly
be united In suit against each csui que trust at the OPP
ton Of the plaintiff, X Page 27sa on we usaA terms
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-20

removed, through ChapnAn's influence. II that POOR,
half starved political graduate OF Oberin has innu
ence enough At Washington TO remove man
who seems as generally respected here as Wyman
j very much deceived in " the powers
that be-" Chapman has hardly . corporals guard Of
friends in the Territory and these dirty acts OF intrigue
which OF late he engaging in are only making their mum
bur 'small by degrees, and beautifully less"
The winter thus far has been pleasant and the prospect
Is favorable for ssopen" winter throughout Numbers
Of emgrants from the States coming into the Terri
tory, and very large emigration b expected IN the
spring "Thcre's room enough for all and fortunes for
the Industrious The Missouri river u still open, but
threatens bridge itself with Toe long. Banks here
what few still in operaon-ars principally engaged In
redeeming their issues II is poor business here now.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-20

Branch Mint in this city. IF Is found necessary by
Congress to examine into the condition OF the estab
lishment here, the departure Of Mr.. Snowden for
California would be favorable opportunity to asso
cate other gentlemen with him, and thus form
commission TO investigate the state of the Branch
Mint of San Francisco. There Is very little faith en-
tertained in the institution under its present manage
ment This is the more to be regretted, the mint
above all other departments of the government
should be under the control of men having qualities
to inspire public confidence and respect.
Lieutenant Beale, with the cames, has arrived
safely at Los Angeles. In il will be required to
transport supplies to Utah. the services ofthe camels
will be found Invaluable.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-20

ACCIDENTAL SHOOTING OF Cot. T. NJ. WYHKo0r
-FArAt gt.strr-we have been informed by telegraph
that Col Francis Wynkoop, late United States Marshal
for the Eastern district Of Pennsylvania accidentally
killed while cunning this place on Sunday. lie was
hunting pheassnts IN company with his hired man when
the gun IN the hands o the latter accidentally DIS
charged The load took effect IN Col WIS leg, ana ne
dsd IN half 81 hour from the effects OF the wound The
deceased vas but 80 years Of age He was born near
Newtown Bucks county. On the breaking out o. the
Mexican war H. c'afi Che First regiment Of Pennsylvsna
Volunteers aud on the arrival Of the regiment 4tts
burg he was elected Colonel Col Wpkcop served with
credit during the Gen Pierce subsequently appont
81 him United States Marshal for the Eastern district Of
pennsylvana an Office he ned until the commencement
OF the administration OF President Buchanan After the
retirement OF Col W. from Office he went 10 live upon
farm belonging 10 him 10 Schuyikill county He was ~
the time az his death president Of coal company, which
had not vet commenced operations The mother and
hroher Of the deceased reside in Philadelphia Colonel
wynkoop married q daughter RI Major ggs who fall
in Mexico. lie left children -Phtldd,lphtd Press,
Dec 10
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-20

CLOSING or THE CANALS on SuNDAY.-The fol.
lowing petition ~ the legislature proposed by the sab
bath Convention which assembled last week in Buffalo s
circulating for signatures in Erie county The under
signed inhabitants Of the county Of Erie, believing that
the deseraton Of the Sabbath l. donorazlng 10 rs
effects and tends greatly 10 increase crime and the eonse
quent expenses Of the administration OF criminal Justice
and believing also that there II exgency IN the com
mercs business OF the state requiring the transportation
~ goods the canals other oroughfares IN the state
that day and that the interests Of the state would be
greatly promoted by suspcneng navigation canals
the Sabbath therefore pray your honorable body
pass law ntructng the Canal Board 10 close The locks
that DAY and your petitioners, a. 10 duty boaRdi VII
ever pray, &c
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-20
KEY West, Dec. 10, 1857.

The United States mail steamship Calhoun Capt. jas.
IAwless, from New Orleans via Florida ports, with
large number of passengers arrived at this place the
night of the 9th She due the % but euoountering
severe gale Of wind soon after leaving the Belize,
Obliged 10 seek the harbor of Mobile where she lay for
three days. She sails on her return the morning Of
the 18th
Hon stephen r. Mallory, United States Senator from
Florida leaves today in the Isabel for Washington.
1t Tllinghast, United States army in Command OF a
detachment, Of artillery aud the rcgmep'al band Of
the I'd Artillery leaves to-day in the Isabel for Fort
Mouliric
Major Dashie paynaster United States army arrived
from Charleston In the Isabel and sailed the sh for
Fort Dallas
It, r. Hunt. United States Engineer corps, arrived in
the Of the 9th from Washington and will assume
charge OF Fort Taylor the 18th inst relieving Capt ID
p Woodbury., who will have command Of Fort Jefferson.
The United states steam frigate Susquehanna Capt
sands sailed for San Juan the afternoon OF the sth
First Assistant A. W. Alexander joined the ship at this
mort
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-28
From the Philadelphia Bullctin.
THE PAY OF THE NAVY.


After long struggle the Congress of the United States
has at last done act of justice by raising the pay of the
officers of the army and they will be able TO live de-
Gently and little above the point Of restitution But
equally important branch of the national forces remains
in its former neglected and impoverished condition The
officers of the navy require to live decenty quite as much
as the officers of the army but their salaries low
that with the expenses of living at their present rates. 1t
is almost impossible for them to exist
The last increase in the pay of officers OF the navy
made in 1885, Since that time 1t is safe to say that all
necessary articles of living have advanced in cost from
twenty five thirty per cent? while many articles have
gone up least fifty per cent The pay voted in 1885 was
than sufficient at that time for the officers ord
nary expenses and il necessarily fall very far
short II there any class of public that deserves
to be handsomely remunerated it is the officers of the
navy The hazards of the service the tgues and expo
sure the long separation from home and country to which
they liable really beyond pecunary compensation.
But they least deserve 10 receive such pay place
them beyond reach Of want and enable them TO live in
style of respectaby proper to the members OF most i'm
portant arm of our national defence.
The pay Of 1885 very far from being sufficient for 1851
and with treasury ready to overflow it is unjust well
as nggardy provide handsomely for the navy. We
trust that something may be done before Congress
to place the officers of the navy at least the foot
ing those of the army At present the highest officer in
the army gets ten thousand dollars year. while the
highest officer IN The navy gets only about four thousand
In the other grades Of the two services there is nearly
great discrepancy and is most unhaudsome thing to
discriminate in favor of of defence while the other
is least equally meritorous number of the best
officers of the navy have been obliged to resign within
few years because their pay would not support them. If
this goes on all the best in the service will be lost,
and there will be left but the drones who
y fit for duty and yet content with the ptance gov
gives them in preference to exeripg themselves in
any othr sphere Of duty BY all means let the pay of the
naval officers be raised.
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-28

ANOTHER FATAL I'VE regret to record the repeti-
ton of an occurrence by which our community so
much shocked buta week ago. Another hostile meeting
took pla,e yesterday Sorevcns Ferry this city,
which the parties o. S. Kmbrough and Jacob Hem
drick both citizens OF Columbus in this State The weap-
used rifles and they fought at forty PAGES DIS
lance Upon the second fire Mr. Hendrick fell mort ly
wounded the ball having entered his side just above
hip and passed. it is thought through the smaller n,es-
tines. He brought this city and alive late
hour last night though his condition is considered hope
less His antagonist escaped unhur and left for Column
bus by the evenng train.--Sac. Rep, 24th.
Mr. Jacob Hendrck the gentleman referred to in the
above native of this city, and his mother sister, and
brother reside in Hamburg. telegraph despatch from
Savannah states that he died from the effect of his wound
yesterday morning about six o'clock.
- iugusta Consfitufionqlis
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-28
WASHINGTON CITY
SATURDAY MORNING. FEB. 2s. 1867.

0Mr ISRAEL JANIS ls2 South Ten street, Philade
Phia travelling agent, assisted By W. II. WELD
IoHs COLLINS, JAMES DEEnKo HAMArT r. s. JAMES, TAos
MICS, r. w. MoaKIsoH, 4. w. WILEY, VIM L. wATERaAS,
ALEX H. CARsoN, d. MrsT, BEN SWAIN, T. AsHAAS, and
P. DAVIS
09-hE HESRY M LEwIs OF Montgomery, Alabama, Is
eral travelling for the Alabama and Tennessee
sisted by c. " LEws JAMEs o. LEWIS and SAMUEL d. LEWIS
90 Mr. G. W. JANKs, No. Harrison street, Cncnnat Ohio H.
general collecting States and Texas
assisted by H. Thomas WlLAM H. THOMAS THos. JAEEs,
Dr. A. L. cHILps GEoRoE Morris, and RICHARD LEAKr Re
eeips Of either will be good.
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-28

NAYS-Messrs Allen, Bennett of Mississippi, Bowie, Bur
nett Campbell Of Ksntucky Csruhsr, esskie Cobb Of
Alabama Cor, Crawford Cullen Davis OF Maryland Dow
dell, Dunn, Edmundson Elliott, Florence, Foster, Goode,
Hall Of Iowa, Harris Of Alabama, Harris Of illinois, Haven,
kim Mcqueen, Orr Packer Reade, Ready Rcaud Rivers,
Ruiin, Shorter, Stewart Walker Warner, and Wheeler
AZ.
The resolution, as amended, was then agreed to.
Mr.. LETCHER of Virginia, moved that the House sd-
journ which motion was agreed to--yeas a. nays So
And then, at halipast o'clock, the House adjourned
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-28
PHILADELPHIA City:

PHILADELPHIA Guy:
Hugh w. Tener aged hrty-two, being duly sworn ac-
cordng law dposs and says that he has read the fore
going deposition of Mr. Edward Poole and with the excep-
ton that deponen did the said memorial after it
prepared be yet declares himself acquainted with all
the other facts and circumstances forth and stated in
said deposition and knows them be true and correct
every particular. HUGH w. TENER
Sworn aud subscribed before mo, February IL, 1857
JOHN i. KENNEY,
"# Alderman and Justice of the Peace
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-28

DEATH OF REVOLUTIONARY soLDIER--Stephen Wright
native of Bittleon Massachusetts who enlisted in the
revolutionary at the age of sixteen years died the
10th at the residence Of his daughter Mrs. Kellogg in
Shslburne, Massachusetts,, aged IS years lie was gem
enan and Christian Of the old school, and the patriarch
of five generations that survive him in unbroken succes
sion He died suddenly, OF inflammation of the lungs,
having been sound and hearty till the attack
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-28
CoNGREss-FRIpAY.

SEsArE-Mr. Adams presented the credentials Of Hon.
Jerson Davis senator elect from Mississippi for six years
from and after the 4h of March The Chair laid be-
fore the Senate communication from the Secretary of
War transmitting the report Of Capt George McCellen
of the officers who visited the seat of in Europe
1855 and 1856. number of House bills passed af-
which the Senate proceeded the consideration of
Post Office appropriation BILL which debated various
amendments until four O'clock when the Senate took
recess for two hours
Upon reassemblng, the Post Office appropriation bill
discussed until II o'clock; when il passed, and the
Senate adjourned.
House, OF RErREsENTATYEs-Th House resumed the
consideration of the resolutions reported by the select in
vestigang committee in the Of Mr. Gilbert, of New
York Mr. Gilbert after addressing the House in vndica-
ton of himself lie read from the Clerks desk his
resignation together with the which induced him
take that STEP Mr. Orr of South Carolina remarkng
that Mr. @. was no Longer member OF the House, and
clearly of its jurisdiction moved that the resolutions
be laid on the table; which motion agreed to.
Immediately after the disposal of the Of Mr. Gilbert
Mr. Morgan of New York. submitted paper which proved
to be the resignation of Mr.. Matteson of New York. aud
which was read. Mr. Warner of Georgia. asked for sep
arae upon The resolutions reported by the committee
ton which declares that Mr. Mateson did incite parties
deeply interested in the Des Moines grant large
of money and other vauables corrupy for the purpo
Of procuring the passage of resolution in favor of said
Improvement and the second which refers to decara-
ton of Mr. NJ that large number of the members Of the
House had banded themselves together to pass prevent
the passage of certain measures agreed the third
resolution for the expulsion of said Mateson laid
the table.
The House then proceeded to consider the resolutions
reported by the committee in the of Mr.. Welcb OF
Connecticut Considerable debate ensued in the Of
which Mr. Smith of Virginia. submitted in lieu of the
lutions of the committee resolution to the effect that
sufficient evidence had not been ELECTED and reported 10 the
House in this to convict the accused all further pro-
ceedings against him should be dispensed with. After
further debate the resolution agreed toeas no.
nays 42and at past nine o'clock the House adjourned
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-28
THE TRANSATLANTIC TELEGRAPH.

In order TO remove all ambiguity respecting inter-
in the origin of the abovenamed subject concede
that Mr. Hubbel originally conceived and suggested the
enterprise and then jointly with Col Sherbune brought it
before Congress and the public the Goth Of January,
Isio, according to the following depositions.
HOR HUBBELL,
s r. GLENN,
. For the heirs of John II. Sherburne.
February q, 1857.
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-28
February q, 1851.
In ptTpetuum rel hsiimonium.
Philadelphia City:

plTpetUnm NSflmdHtH'H q. r. a
Philadelphia City:
Edward Poole aged seventy, lae Of Philadelphia now
resident Of Camden New Jersey being duly sworn says
That in the year lS49 he in the habit visiting the
Office of Horatio Hubbe esq, in Swanwick sret in said
city, tia Hugh W. Tener, esq and the late Col John h.
Sherbnrne also ia the habit Of visiting there the
tim and that they generally met in tire a ruoons
and spent the in social The deponent dis
ncy Jecoects that cold afternoons, ia the month of
January, Isi9, Col John Sherburne, Hugh W. Tener
esq, Mr. Hubbe and dsponent met together the
said Office and desultory conversation carried
inauguration OF General Taylor astronomical specuatons
and other until finally the subject of the Telegraph
was ad verified Mr.. Hubbell declared to the company
that he had doubt that the telegraph could be carried
the occin that be knew how could be DONE and
where could be effected aud I'D led that he had great
mind to memoriaize Congress the subject After
moments pause he said, Yes will nemorialize Con-
gress; which OF you will join in the matter2 We all
kept silent Mr. ubbell then directly addressed Mr. Sher
burne saying, Will you Colone2 who replied that he
would. Mr. Hubbell then said he would go work, and
draw up the memorial This the origin of the
atlantic telegraph memorial In few days afterwards it
was drawn up in Mr. Hubbells handwriting, and signed
by Messrs HubbeM and Sherburne and transmitted to
Congress recolect distinctly remarking at the time
they "Wond hear 1t read and laugh at it." Col Sher-
burne never to my knowledge assumed 10 have had any
hand in the execution of said memorial other than signing
it in connection with Mr. Hubbet being known to us all
the time the exclusive production of the latter gen.
tleman EDWARD POOLE.
Sworn and subscribed before me, February IL, 1857.
JOHN B. KINNEY,
Alderman and Justice of the Peace.
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-28
MEMORIAL.

BY Mr.. TYSON The memorial OF DR.. Henry kalusfow
ski for exchange OF books with four Polish libraries
ferred to the Committee on the Library.
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-28

We regret to learn that the Hon. Vim. Ba,ksdale, Of
Mississippi is at present confined to his room by severe
attack of neuralgia.
The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-02-28

ty broken Who had the influence which could mai,
tain this harmony and perpetuAe this unity to the an a.
March, We this question confidently, and Az
that President Pierce has shown the very highest sd
tatve capacity ina ,much he has been able on ali O
occasions of conflicting opinions in his cabinet so to i'm
press upon the members his own views as to secure M
cordial cooperation in them In other words willis. n,
members OF his cabinet have been his counsello ina
pendent to speak their several sentiments he IA, H.,
The President, and has failed not only 10 TAI,
the responsibility of deciding questions Of dispute bU
has been sustained in all such by the yoc. .,
a majority of his cabinet There was gross,
calumny than that implied in the stereotype charge Of TIA
opposition papers that President Pierce has been led and
controlled by particular members Of his cabinet He h
drawn them all close TO him by strong personal ties
confidence and He has been the centre Of deyo
personal attraction them ALL and he has been thus an
abed not only to exert his influence successfully in bar
monizng conflicting political views Of pending questions
but in maintaining that cordial personal and social inter
course amongst the members of his political family which
has resulted IN preserving the unity of the cabinet
We append the following just and truthful remarks 0,
the subject fy our Washington contemporary The
Washington NeWs
10 aumlnstrauon Oh Iresiuent Fierce
knowledge that has been emneny successful in every d.
pamen of the government. His cabinet has not only bean
unit but each individual of has distinguished himsefb
able and faithful discharge of the duties conded to him
When there ADLER Secretary of State than Gov
Marcy Of the Treasury than Mr. Guthrie OF Int
ror than Gov McCleland of War than Col Davis or Of
the Navy than Mr.. Dobbin, ADLER Postmaster Genera,
than Judge Campbell learned and accomplished A.
torney General than General Gushing They have all left
impress their minds upon the respective departments
confded their management No Gaphin claims Gard
ner frauds suspicion upon their official integrity They
will carry with them into private life that will com
mand respect from all who entertain proper estimate Of
honesty and fidelity in public officer. With such cabinet
no could fail Of under any circuu
stances and the candid will admit that administrator
ever encountered perplexing and almost Overwhelming
difficulties than have attended the at nearly every ste,
of its progress. Its record will form some Of the brightest
pages of the history of the country, and the FRANK
lin Pierce win go down to posterity of the ab.
rmes and most patriotic statesmen that have filled The
executive chair"
The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1857-10-19

GCKDE F0R TRAfELERS ANb OTHERS
RAILROAD LINES
Lxx.

hfCHAoNvs FhspEhiOkhHUE0 AND P0-
rosAc RNLgoAp, going North, leaves twice every
day Sunday evenings excsptes, at g. IS o'elk A NJ
and at aciock. +, M, fOr ts Potomac river where
a stca1,ss j. taken Cor Washington thence by Rail-
road 10 Baltimore, &c.
VIRGINIA tssXrIAL, going North. leaves this city
tvoe daily sunday evenings excepted at o'clock
NJ. sud ~ ocloss p NJ. fer Gordonsville where
they connect with the tlas of the Orange aud Alex
Audria, Washington, Baltimore, &c,
RICHMOND ANn DAsvItLs-Leaves kchmsnd at 9
AZ the Junction. at : Is o'clock A. NJ. Sundays ex-
ceptet. An Evening Train leaves the Depot every
ay except Sunday, at "a ociock, and connects with
the South-Side at the Junction
RtaHxaSB AND PsrERSauRs Le@vcs this city twice
every day. tSnRdsy exceFiadb at sQeiock A. NJ.
and - Orik 7. NJ. An accommodation train leaves
here every Monday, Wednesday and Friday at i
FOR NORFOLK, &c.
The steamer CURTIS PECK. Capt, SAM Barnes,
leaves her wharf al Rockets every Saturday Tues-
dsy aud Thursday mornings, AZ 9ta o'clock A. NJ,
ana the GLEN COVE, Capt. John Davis, every Mon
DAY Wednesday and Friday mornings, = 81 scloel,
for Norfolk aad Portsmouth, touching at all the
regular landings tle river.
f0H NEW YORK. &c.
The steamship JAMESTOWN, Cspttn Parrish,
Leaves every Tuesday evening. ST toelock, for New
York touching At City fsnt and Norfolk 70 receive
passengers sc, leaving Norfolk next msrning, at
FOR PHILADELPHIA &c,
BY the steamships PENNSYLVANIA, Virginia
and CITY OF RICHMOND. One Of these steamers
leave every Monday ana Thursday stopping at City
Point aud Norfolk 10 receive freight and pssesngers