davidaulloa/AmericanStories huggingface dataset:
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19

IHE TIciNo.--As frequent relercn'
ces are made in our foreign dispatch
cs to the "Ticino," and as il is a name
which bids fair to be oflened used
when speaking Of the war just now
commencing in the old world, we
would describe it. First, be sure to
pronounce it right. The letters Of the
Italian language do not all have the
same sounds which they have in Eng
lish. The pronunciation ofthis name
is Iccchceno. 1t is a small river, con.
Meeting the Lake Of Maggiore with
the Pc, and has its Importance from
its being the boundary between LON
hardy and Sardinia; therefore, the
Austrians become invaders the mo.
mcnt they pass to its western bank,
It's whole course is about l25 miles,
and it is navigabIc from Lake Mag
giorc to the Pc, which flows into the
Cuff Of Venice.
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19
Commercial.
Nashville Market,
From the Nashville Daily News,

THURSDAY, May, 10, 1863.
CoTroN.-During the past week, Their,
have been no transactions in cotton wortl
mentioning. Best quality offered a
present in this market, may be quoted 0!
! 6lO8; Ii ferior 7! M04'
at 10 cents.
ToBRAcco,-The war news from Eu.
rope has had a depressing effect on the
market, and our quotations show a de-
cline on all grades.
BAcoN.-The demand is brisk, and
increasing; and Hog Round is firm at DC,
In mixed lots, Shoulders are worth u;
Hams g.; Clear Sides 1913 from wagons
From store, packed cent more,
LARp.--Good Lard, in suitable pack
ages, readily commands l0i'
WnEAT.-Prime Red $lOl 10, and
White 81 l00Sl 20,
FLouR.--Demand brisk. Extra $500
per barrel; Supcrfne, So soar dollars.
Extra Family Flour in bags, wholesale
SO 70; retail 81 ~ 0S pounds. Both ouI
city mills have suspended operations fol-
want Of wheat. 1t is supposed the entire
stock on the market, including all quail
tiles, does not exceed 1000 barrels.
CoRN,--Buyers are 70O75c. and fur.
nish sacks. We heard yesterday Of, SOC
bushels sold from store at IS cents.
Corn Meal-S5O90c.
DRIED FRUIr.-Apples 81 70; Pealed
Peaches, 1 5004 rs; UnpedIed 2 70.
Seeds--CIover So so per bushel, by
the barrel, Blue Grass, stripped, 81 40
Clean, 81 per bushel Of fourteen
pounds; Timothy, 1908 25 per busheI;
Herds Grass, 81 45al so; Orchard
81 80; Hungarian Grass Seed 50 90;
Canary Seed Sl3; Mjllet 2 25a2 so
Flax Seed ! 90.
WmsKY.--We quote 2SrO30 for Rec.
tilted. Country brands 5OM75c.
FEATHERS are worth 4lU42 cts.
Salt-Coarse sack is worth 81 so Dbl.
soc, per pushed; fine 81 rs.
Sugar-In bbIs. 7094; half cent less
in hhds. N. Y. Coffee Sugars l0allac,;
Crushed and Powdered l2al3c; Loaf II
al24 cents.
Cofee-Rio 124a123c. and dull, La
guyra II; Java lSrd2Oc.
Cheese-EngIIsh Dairy II l.2al4c
western Reserve l39c.
Hides and Loalher--GIeen hides 5 cts,
dry l4c.-Counlry. Southern end Mex
lean IS; Oak Sole Leather 32 cts per ID
for best quality; Harness 30o32.
OiIS.-Linseed, 95c.; Lard l 90; Tan.
ners 75O ! CO..
SheIIed Oats.-7O075c., from wagons;
from Store So.
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19
S1alc off TENNESSEE, FrankIim CO.

JUSTICE OF THE PEACE COUNT.
William Buchanan, plaintiff
W.. bo"' wv"
William Johnson, de'endant,J =,
In this cause suit having been commenced
before the unders gned, Il Justice orlhe Pe' CO
in and 'or the County aud State aforesaid ny
the plaintiff against the defendant ny orlg,''
al attachment founded on n note gwen by oe-
PENDANT to the plaintiff for the 3rd ana last
payment for u tract of land Of fifty acres, w.
log and being in sad county and STATE n'ore'
said, end was levied By VIM, Farrls, Cons'a'
Bile, on said tract OF land and returned by
him before the undersigned, Justice OF NE
Peace, on the 18th day Of May Qnsionl) lSoo'
whereupon, it is considered by me, and so or
dered that all further proceedings IN ms
case be stayed until The 18Th day OF Noyetn,
Der next, 1859. And ii is further ordered
that publication be made for four consecutive
weeks in the Home journal, q newspaper pub
lishcd in the town Of Winchester, requiring
the said defendant TO be and appear before
Thomas Finch, J. p, the Undersigned, at his
office in the town of Winchester, on said
18th day Of November next, 1853, then ana
there to defend said suit, or judgment final
by default will be rendered against HIM eX.
par,c. This the 18Th day Of May, 1853,
TnOS, FINCH, ISEALl
Justice Of the Peace for Franklin Co.
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19

Onc OdDrOus evening, in the month
OF May, IS, our mirth-prOvohing nc
Quaiulancr, JJAn W., wa sitting with
Us in the parlor. In the midst Of ouI
fun Judge Knight entered, and with
one comprehensive glance, took in the
occupants Of the room, cordial greet,
ings were cXtnnlrI, which met with
Il hearty response, but TO our COASTER
ton, when our friend was presented,
Il whitening Glance was all the notice
he Inignci to bcstOW on him, as he
tmned away with u cOntcmptuous air.
| \ "TcXas NortAcr' chiIIs not more
Suddenly and thoroughly than did this
discouricsy our feelings. flushed,
frozen into silence we rcmaincd.-
What can he mean! WAS our only
thought. Oar insuILed visitor babe us
good night, and was gone before we
could utter u word Of rcmOnStrance.-
Sue then marched right up to the
Jude, and requested to know why
he had 50 grossly allrontcd ESqr. W.
Without a word he ran his hand into
his vest pocket and drew out "a piece
Of paper, and read aloud a warrant
for the arrest of John w. for robbery
and murder.
Julia tainted but Sue snatched the
paper from his hand, stamped it, anC
then tore it to atoms. Just then fire.
arms were heard in the direction Esqr
w. had gone. We all ran out to lis.
ten. See, we could not, for the nth.
erto clear Sky, was now overcast with
black clouds which completely obscur.
cd the light of the moon and stars.
Come back ladies' called the stern
voice of the Judge, "it is the Sheriff
discharging his duty. That unmitti'
gated william, w, will not get away
from him and the posse. Dead OF
alive, they will bring him back in a
few moments. Here they come, ladies
retire if you choose
Minnie had restored Julia to cons
ciousness, and now all pale and lrigh-
tened we looked from one to another
without budging IA step. In they
came, this Kansas rabble, 1--WE resided
near Leavcnworth) two of the gang
holding our friend by the arms. Per-
ilous indeed was his situation, we
knew then, that if he had not over-
whelming proof Of his innocence right
at hand, hat the first tree would be
his gibbet, for Mob Law ruled the
land.
In clear tones, Judge Night said /.
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19
Several editorials are u~navoidabIy
crowded out this week.

Are you suffering from a severe codi Is your rest
disturbed by an iuocssant coughl Have you a difficulty Of
breathing, accompanied by pains in the chest, and, cs
rccially towards evening, a slight ever with palpitatior
ofthc heart, disordercd OF the digestive system, and co
pious expcctorationi Ifyou have any ofthesc symptoms,
use DR. llooFLANUs BALsAMIc CORDIAL, in conjunction
with the GERNN SlrIEas ofthe same emincn, physician.
aud you will a~ssuIsdly find relief II you neglect the
means ofcurc pointed out, you may speedily find your.
selfona sick bed, and beyond melit al aid.
These invaluable and worldrenowned remedies are,
prepared only by Dr.C. VI. Jackson, us Arch Street, Phil.
ade lphiI, and for sale by druggists and stOrekccpers in
every town aUi village in tue United States aud Canadas
Price 70 cents per bottle.
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19
Rangers Notice.

Taken up by p. l.. Roberts, residing in
District No. s, one Bay Filley, has no white
about her, no brands, bare footed, supposed
to be three years old, about IA hands 3 inches
high, appraised on the 10th day of April, 1859.
JOHN T. SLATER, R., F. Co,
May, 10 3w,
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19
i MS

Sold upon a credit Of twelve mon'hs-cS-
cent the sum Of fifty dollars, which must be
paid down; the bjddipgs to commence at five
hundred dollars note with two good and sui
iclcnt securities, and u lien retained on the
negro until the parChuSe money is paid.
Nav 10 80 4w. N. FRIXXELL, elk.
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19
NOTICE.

All those indebted to the estate Of John
Matt, deceased, are hereby notified 10 make
payment, and those having claims Against
said estate wlIl present them as prescribed by
law. J. NJ. RUSSEY, Admir-,
May -, 80 John Matt, deed.
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19

EYES AND NO EYEs.-Thcrc are ma
ny children, and many grown up per-
sons too, who appear to be passing
their time in the world with their in
t~clIcctS haIf-aslccp; they have not
been Weakened properly. Instance
after instance continually occurred in
IL late journey. to make inquiries OF
persons who ought to be able promptly
to answer them, but who knew nothing
Of facts existing daily in their very
sight; that is. il their mental eyes
were open. The other day we asked
a resident on the banks OF a river,
what name the river was, he lived on,
but the only information we could OBJ
tain, was, that it was called the river.
We asked II laborcr, living close to
the brink, which way the river ran.
At the moment no stream was viSi.
Bile. though it generally flows with
sufficient rapidity TO indicate its
course. But the good body had never
noticed which way it ran! Thousands
of both old and young are in this con-
dition, with the precious mind asleep.
This ought not to be. 1t is as easy to
excite the intellectual faculties, as
the limbs. useful, wholesome, impro.
wing action; and we know that the
used key is always bright"
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19

WYNN we 1ot y '"''o"" w.
robbery and murder of Amos Goodlow,
by Peter Simms. Come forward Pc
ter and confront the prisoner. Out
strobe II daredevil looking fellow, who
staggered around to the place indl'
Gated. If the glance Of IL human be-
ing could have that effect, Peter would
Lave been annihiIatcd by the look the
outraged man gave him,
"Jokn W." called Sue, "God and
your friends know your innoccnc es'
tabliSh it to the satisfaction OF these
Gcnds!" Pale as death became that
noble brow.
"Proof" he cried, 81 have, but not
here. Judge Right, if you will post.
pone the trial until morning Anna
Reynolds and Sophia GoodIow will
clear me Of this foul imputation."
no no p yelled the mob, ''tis all
a sham lie will escape. Let the
slave owner die like a dog! Search
him Sheriff"
That iunctionary speedily perform
ed the process, and revealed to the
view Of all II silver Iortmonic, with
the name of the dead man engraved
on it, which being opened, was found
to contain two thousand dollars.
Take him to the gaIIows " shouted
the Judge, ":SheriH, have you IL roper
mo Sir"
$50 then to the well and bring a
piece Of the cable. Here, men, hold
the vile Soulhcrncr whi!cl handcuN
him"
In vain we implorcd for mercy, the
madmcn tore our arms from poor
Johns neck, and rushed with him, We
followed. to the hickory neart the Cider
Press, where we had often cracked
nuts together and sung our merry
songs, and there right over the limb,
where he once made US a swing, they
threw the rope with which they in
tended to hang him. Our cries pierced
the heavens, AS they adjusted it around
his neck. All was confusion, some Of
the ladies had fits. Sue offered to die
with him, they tossed her rulely to
one side, and screamed
%"lIoist him, boys"
"Slop in the name of heaven and
earth. | command you to STOP" thun-
dcrcd the v0iccora tall noble looking
man as he pressed his painting horse
through the furious crowd to the side
Of their victim. "AmoS GoodloW is
not dead; there boys, catch Pete
don't you see he is SIopIng.-
|: was he that robbed and tried to
murder GoodloW, and as ESqr. W.
was walking with Ann Reynolds and
GoodIow, he saw him running
the body Of the fallen man, and
tried to capture him. He pressed
50 closely that he dropped his
rat which had GoodIow's money in
t, and got away. Then taking adj
'antage Of these troubled times, he
imposed on you all, so far as to make
on almost hang my friend to make
wn misdccds."
Such a shout arose then, as was
lever heard before under that old
tree. 1t was so loud that !
woke and found it all dream.
OAKLAND, May nth, 1859.
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19

means Of getting it; for the money,
like the corn, is out ofthc reach ofthe
destitute. We are no panic maker; but
of this wo feel certain, and we speak
adviscdIy, that in thirty days from
this time, unless those who have a
surplus agree to part with it, on time,
at n fair price it will be distributed and
carried away by bands Of desperate
men 10 feed their starving mmiIics.-
This sounds terrible; but it is too near
the truth, and men will not suffer
their families to starvc, when food
can be procured by going and taking
it,
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19


Il ORs YoR BRgAD-IIARD Tines rs
""A-ih ~Eddyville, Iowa CONNER
e'"'' oil a late date says: 1t is useless
10 deny or attempt to conceal the
'a''' region OF coun,ry is desti.
fn'e oil the n~ecessaries of life. Tho
stock of food for man and ho..
about exhausted. There is, uc,,,na
corr enough to feed those who 49,
unable to buy flour; but they have no,
the means to buy corr 1t is in tn,
hands ola few persons, and they vii
only sell for cash at a dollar Il bushel
Not one third of those who need /
buJ corn, have the dollar. or an,
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19

'ev'er from Fort Kearry says
;. ieas emisran,s arc returning
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19
CHE Aume Sonrnal.
by w. j. SLATER.
"Pledgcd 10 no pariy's arbitrary sway,
We follow truth Wlcre'cr she leads the way
TIE WAR-WHAT lT COMMEN.
UED ABOUT.
In last weeks Journal we mad

prospectus VI Wh' III NV wv "''''' "'
rs hostiIitics have now commenced i
earnest, and as IL is likely TO prove
general war, we think our reader
will be pleased to know what it con
mcnced about, at least those VIII
have hitherto paid no attention to til
questions in dispute.
A threat against Sardinia by Aus
tria is the ostcnsiblc cause. One cor
respondent, however, says that Loni!
Napoleon decided on war with Aus
tria directly after the Crimcan war;
Notwithstanding the glory that con-
test gave TO the French arms, it was
of no benefit to her in "A material point
ofvicw. Austria was the only power
to derive any real advantage from
that contest. Louis Napoleon found
himself with IA heavy and long stand.
ing debt to Austria, with his inherited
hatred OF that Power, with the con-
seriousness that she had rcapcd all the
"c''"'S VI VIC war "'''''"' l'''S 1t
cannon, spending Il dollar, or losing Il
manu- """ WIZ" ''"'''SH army Oh MS
"''o' """''' VIZ" "''''I Inv "'o''
"o'" P''''' was '"' ""'S "''N"''"l u
IL I'"' 20 VI H." "''''
''' "''"'''"' 40 Subsequent
"'r'J P''>''" "'''' '''''" "
"'' ''','"" "''' H"'''''' "'' '''''
"'' '"i''o "'''''''' UNIV W '"''""7"
''"'"''"'''" ANU P''P''"'''"' "''''
"''"7 Wv Pot"''"' "II''"''''"" VIII
~"''''"'''" VI "'' P'''''' ''''"''"'''' W"
u" ""' "'''P'''o ''' ''"'''' I"'9,
WV" ""' i"'''N" '"'7 question: was
P~"'''"'"''y "'''" WI us P"'I'S" '"'
'""'1 ''",''"' '"'"''''' INC ''"''
'"'"''''' " N"H''''' "'' I'Nc' "
P'o'n'''l' l''' III me 'r'l''"''' "ar
~ = ''' '''''''''''' ".,'' u
""' 'n' 'N'"''1 "''''''''nh''"" u IT,
eo' '"n'''"''' oouh ""'""' an" '''e
Mar1u'"o NA'S''o' '''at Austria Si'ouId
'c 'o"'cu o"' % al Na'y II PoSS'o'c'
o"' oo' VI N'"'''' ''l'y 1T amy r''''
i'c "'o strengthened al" influence
WIFI '''"'''' n.y. III '"o ''FS' pace "
'"'''''''"'" ''''t''o' WIN inc Rouse
o' o@''y-o'" o' me o'"eS' ana most
distinguished la''''''c' OF h'f"pc-th"
''a''''oo VI VIC i''''ce N"p''c"' !"
''" 0'''"''"'' N"''" was ''' >"
''"s d" ''''c "'P' "'c'''' ANA "''c''
was H'''i'''''"'" Oh INC '"II "' J'''ua'
~ !" ~ '''''' P'''' Nv '"'''c"
"'"' ''''"'''' ""'''''
Nv "S'''" ~ P'o'''' nc' "3''I'''t amy
"'"'" 'o"' ""S "'u''''
""' N"I''','"' - - ''''''''' ''7o
~" '' ''''''''''" VI '''''' III
""9'sP'" ''P"''''''' ''S'N' % '"'
~ u" - Nv '''''''' V '"' ''''''' -
'''''''''e"' N"S'''" "''"'r'AN'"' on
~ 0'''' manu. ~ "'''''' '"c "'"
"' w. i'''"''' '"' '"f'
'' 'o"7 ''',''" w" ''''o9 'P"
IlIl1l DllIttF. In inns fnnlIIrI mo |
r -" ''''I'
"I' 1 NV
I 'i'''' '"''
'o
7 ~ o
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49, ~ "''l'y "
','I nuns
III " NV
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,La 't'"
h..,.. ',u..,,, Tr
,a"..; "
r.;"; o. m
or.n n.u1i.m n.".~,
r., !
N.I' /
' .'"'''"' "'" y ;
all events Of inaclion. This promo :,
i,;,, ,,,, ,,o,.i,., -
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19
LATE ARRIVAL
RING GOODS
for 1869.

We have just received our purchase Of
Spring Goods, consisting, in part, of
Jaconets. Swlsses, Barred Muslins, Swiss
hair Cord, BrilliantS, Double Skirt Mus.
lin Robes, Organizes, Lawns, DeIaines,
Berrages-solid %colors, Black Silks,
Prints, Chintz and other Dress Goods
Also, S~hawls-very nice, Hosiery, and
GIovcs-a good assortment, Bonncls,
Hats, Umbrellas, ParasoIs, Goats, Shoes
and Slippers, Cottonades and Linen for
mems wear, Hardware and Cutlery,
Glass and Queensware, and a host Of
other articles too tedious to mention, all
of which we bought to sell again, and
we solicit the traLe in general to give US
a call, as we are confident it will be to
their interest to give us a trial before buy.
ing elsewhere,
TERMS CASH.
All good barter taken in exchange fvI
goods at prices that we can sell at again.
3m N. r. MARTIN & son.
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19

CRors.-Wc regret to hear that the
wheat crop, in many places, is alIrc.
ted almost in the same manner that
the oat crop was last ycar-thc ter
ribIc crust blight' having made its
appearance. 1t is much feared that
the whole wheat crop Of this region
will be destroyed, In Marshall coun-
ty, Miss, complaints on this head.
seem to be increasing. As the wheat
crop has become II very important one
IN this section, we await further de-
vclopm"nts with deep interest QUid
N0nc, Tenn.
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19
TAX COLLECTORS NOTICE.

THE undersigned will attend at the
following times and places, to collect the
State and County Taxes for the year 1850,
for the County Of Franklin. Every per.
son must come forward and pay their
Taxes, or otherwise pay according To law
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19

A NV AND UsGrrL ISyGNToN.--Wc
have had exhibited to Us Il novel. and
we believed practical improvement.
The inventor, Mr.. William l.. john.
son, is u TenncSscan, living in PcytonS.
willie, WjIIjamson county. The ,uycn-
ton is an improved mode Of construct,
ing store rooms, 50 as 10 have the
building always ready for instant re-
moval IN case Of fire. The model
shows ihaN the building is erected on
tImbcrS llk" Il car sits on II railroad,
with a slight descending grade. in
any emergency, the brakes or catches
that holds the building to its place
can be removed, and the store room
with all It's contents, pushed out Of the
reach Of danger. 1t is well worth an
examination C~h1h0n0Og0 1Io.
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19

A WHOEVER ILrGD--Thcrc can BE-
no nnicn between youth AMI age,
January and Nay, us the California
Spirit Of tie Times illustrates by II
story Of Il pretty young girl and a sus-
ccptibIr wilowcr Of lo~riy-cight. to
whom, after Il short courtship, she
became engaged. Previous TO the
marriage, the gentleman was COM
PEELED take Il journey TO the Atlantic
and for fear Of accident. set
He'd the sum Of $l2 coo upon his fu-
ture bride before starting. During
his abSracc, Il tender correspondence
was kept up, and his business com.
he FASTENED back with all the
'pccd Of an impatient widowcr to find.
llaS his finance nicely settled as the
wife of his son. Like II sensible man
lc took II pinch of snuff, kissed the
ride and resigned himself to his fate.
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19

And WHO has the
Largest lot,
Largest lot,
of Cooking and Heating Stoves,
of Cooking and Heating Stoves,
that was we brought.
that vas eve brought
to Winchester,
to Winchester!
J. i. VAUGHN.
J. +. VAUGHN.
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19

TGXhS,--A Houston correspondent Of
the New OtIcans Delta, under date Of
the 6th inst, thus aIIuIcs to the crop
prospects in Texas:
The prospect Of our agricuIturists
have greatly improved during the
past wccIn We have been favored
with warm weather and abundant
rains. Vegetation is fast recovering
from the effects Of the late Frost
Hopes are now entertained Of u full
average crop Of our staple products.
The prospects Of the wheat crop are
quite 1atlrrIng. Within this month
NlaO we expect flour fresh from the
wheat, ollhIs years growth.
The home journal. (Winchester, Tenn.) 1858-188?, 1859-05-19

3A2TDGy, HENDERSON &C.,,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-23
Suit for Theatrical Services-ssOur Anne
rlcan C0usin.o
MARINE COURT,


Edacord A. Sot1an rs Laura Keene-This was su;i
for salary for services rendered Miss Kecne no an actor
In performing the celebrated character Lord Dundreary
IN the play OF Our American Cousin" For the defence
was contended that the agreement TO be void il Mr.
VIM Ii. Stephens could not perform the part of Ash
Trenchard The Court ordered the testimony to be taken
de bone before Moses Gale Esq the clerk as referee
Mr. Sohern testified that he had rehearsed twice and
stephens bad called on him at Miss Keenos reolest
to be shown the business of the part which was done
by PLAINTIFF he bought the dress for the part Of lord
Dunoreary the first rehearsal Oh the date of tho
agreement, September %; he had always been ready
TO perform that part and when he offered to do So
the salary OF plaintiff when he acted; he (plSnti1
was unable to see Miss Keene; Lutz said that he did not
consider that the contract held good he (plan had
agent Sohern denied that provision had been made or
spoken OF by which his contract to be void if Stephens
said all the theatre that he had acted the part Of Asa
Trenchard with success in California; the statements were
saas oy MIS-. Wood who saw him play the part BY
tire from California; the "American Cousin was not pro
duced because the sea Of lee running SO success
iuy and threw cold waer on the piece; Mr. Lutz had
said that Stephens incompetent perform the part of
Trenchard; Mr. sohern denied being indebted to Miss
Keene he took lease Of the theatre from her he
negotiated with Mr. Lntz and Miss Kccnc in person and
by letter. in May, 1858, in reference to hiring the thea.
ire, but came to no agreement because Mrs. Bowers
showed plantn her agreement, by virtue OF which
neither Luz the defendant could lease tho theatre
at that time; he hired the theatre for three nights, In
sion; he paid for the same the last night Luz in.
formed plaintiff that he must pay him for that night
or render himself liable to the defendant; plaintiff then
Immediately up the theatre and did not use again
for dramatic performances Mrs Bowers agent aud Miss
Koenes each forbade him to the rent TO the other
he backed out altogether there theatrical custom
by which the engagements OF actors did not become
operative till the piece was put on the stage.
Cross examned--In the city theatres 1t the custom
that the salaries Of the actors commenced the night
that the house opened for the season. usual to
pay the time spent preliminary rchearsals During
the was brought out that Stephens hayng been
found incompetent, Mr. f. l. Davenport teegraphed
for to play Asa Trenchard but did not Gomez could
say Stephens rehearsed the part did some parts
very fairly and others not fair there many words
the part used here not In the original play; he could
not possibly know all the words, many OF them were
original productions of plaintiff and Mr.. Jefferson
Re-direct-Nevcr heard Miss Keene make any objection
to Stephens manner OF rehe1rsing Asa Trcnchard n
witness opinion Mr.. Vincent could play the part
Adjourned TO Monday next.