davidaulloa/AmericanStories huggingface dataset:
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
John Nininger, Respondent,

John NainiHn eg Respondent a'i@ FL WI ,-
J. Jay Knox ct al, AppellantI ias sn .75
The plaintiff employed an agent to take a
note to the bank of defendants for collection.
Held, That it was competent for him to show
what instructions he gave his agent at the time,
to snow the special agency. And that the
proof being admissible for this! purpose and
the court having admitted it upon this ground,
it was not error for which new trial can be
granted, that the counsel for the plaintiff
claimed Grguesd0, that it was admissible upon
a different ground. "A h ..I Ll4l o
If the defendants feared prejudice from this
cause, they should have requested the court to
charge the jury, that they could only consider
the evidence for the purpose for which it was
properly admissible. ON To I'i|IT
A question which called only for the opinion
Of witness as to his solvency at certain time,
was properly excluded by the court.
The fact Of the insolvency of person may
be proved by general reputation. 1t falls with
In the class of exceptions to the rule excluding
hearsay evidence. sa4 n --71 "
Where the jury agreed upon their verdict,
sealed the same and separated, and upon COM
ing into court the following morning, stated to
the court that they had agreed, but had made
mistake In their figuring, Held, That the
court committed no error in directing them to
retire and reconsider their verdict.
A new trial will not be granted on the
ground OF newly discovered evidence, where
the applicant does not show that he has used
all due diligence to procure the testimony be-
fore the trial, nor where the evidence is merely
cumulative. The rule in regard to cumulative
evidence is not changed, from the fact, that in
this State. parties themselves may be witnesses.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
Aaron g. Byran, Respondent,l AIYTg
VS.. : - - 4 -

Aaron E. Byram, fespondent,l AHHF}
Hiram Rogers, Appellant.
SYLLABUS.
A lease contained u covenant to pay certain
rents. and all taxes during the term, and also q
stipulation allowing the landlord to, re-enter
for breach Of any of the covenants on the part
of the lessee. There was stipulation waving
demand in case of default in the payment Of
rent, in these words. . That if it shall happen
that any installment of the rent hereinbefore
reserved, shall not with the interest accruing
thereon. be paid to the said party of the first
part, his heirs and assigns,j without demand,
within thirty days after the same shall have be-
come due and payable, or at any time thereaf-
ter, if demanded, &c. The complaint alleged
breaches in the non-payment of rent, and also
taxes: Held that the stipulation to waive de-
mand, only obviated the necessity of making
the common law demand on the due date Of
the rent, and that if the landlord desired to re-
enter under claim of the lease being forfeited
for the non-payment of rent, at any time after
the due day, he must make q demand. Held
further, that no demand is necessary to entitle
che landlord to re-enter for breach of a cove
nant to pay taxes. v
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
Austin Sumner ct al, Plaintiffs in Error,
VS..
N. II. Sawtelle ct al, Defts in Error.

..... t- SYLLABUS.
s. purchased piece of land, and paid the
consideration money, and directed the deed to
be made to third person, under an agreement
that such person should hold the land in trust
for the use and benefit of g. Held, That no
such trust can be created under the Statute, and
that the person taking the title took the entire
only to the claims of the creditors of s.
In an action by the creditors of 8. to render
the property subject to their judgment against
him, it is no defence to show that the premises
were occupied by s. and family as homestead.
The grantee of s. is the only person who can
interpose defence against the claims of credit
ors. A party pleading the Homestead Exemp-
ton Act, must show that he owns as we'll as
occupies the premises.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
New York Market, June %.

BY TELEGRAPH.
Flour dull and irregular at to 10c lower for
western; $40 to $50 for extra; $3.50 to S. 80
for round hoop Ohio.
Wheat opened firm, and closed dull and
dropping at CLAP to 1.4s for winter red.
Corn IS to 1910.
Oats dull
Pork quiet.
Lard steady.
Whisky quiet at 1870 45ce
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
THEawEEkLY1 PIoNEEBo,a Y.pEmocR AIT
PeoonAHg FOE rFs sCz ~ OF

PRoGRANMn FOR THE sCEIEBRATI0N OF
THE FOURTH or July BY THE PuB11c Schools.
AT meeting OF the School Committee ofthe
Board of Education, held Monday evening" the
following arrangements were made, for the
celebration Of the Fourth, by the Public
Schools:
The children meet at the several schools in
the morning, and march from thence to the
Atheneum where the ceremonies will COM
mence precisely at 101 eo'clock.
The Great Western Band will be in attend
ance. and the following exercises will take
place: ~ III ,S,Ii0 ,STIIh8
9 2. Salutary Poem, by Miss Annie J. Gibbons
pupil Of Washington School.
4. Reading of part of the Declaration of In
dependence, by Prof. Smith of Adams School
school children with Band accompaniment.
6. Decentralization Adams Address on
Adoption.
z. Music. vs.-4,,.
8. Reading of extracts from Washington's
Farewell Address, by Prof. Gates.
9. Song-Hail Columbia.
10. Defamation Washington, by Minnie
IL. Music. .-..a.... .,.
II. Grafton, by Prof. Foster, of Washington
School. OF..bE
13. Music.
IA. Poem, by Miss Jennie Cramsie, pupil of
Adams School ''.N.
Is. StarSpangled Banner, by audience, with
Band accompaniment.
At the conclusion of the exercises, the chill
dren viii proceed to the Public Square, where
an ample supply of refreshments will be pro-
vided, and good time may be expected.
1t is expected that the proceedings at the
Atheneum will occupy about two hours. h"
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
MARRIED.

By Rev. j. o. Rich on the 18th inst, at the resi-
dence of A. Gress, in St Paul. B. M. SMITH, ESQ.,,
of Yankton, Dakota Territory, and Miss ELIZA s.
GRESS, of St. Paul.
On the 18th INST, by the Rev. Mr.. Riheldafer, at
his residence, Mr. c. H. DAVIS of Chicago, to Miss
ELLA M. PALMER, of Lakeland, Minnesota.
June 18th, by Fleet F. Strother Esq, Mr. JOHN
MOOkBECKER to Mrs. CATHARINE PONDER
LICK, both of Carver county, u.t
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
COMMERCIAL.

Sr. PAUL, Tuesday, June %, 1868.
There was very little doing in the wheat
market to-day, and prices ranged from Csc to
$1.OO.
In other articles of produce there is no change
on our former quotations.
Quite ON extensive business is being done in
horses at present. We note sales to-day of q
lot of sixteen, at prices ranging from $3.50 to
1925. ....
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
LOCAL AFFAIRS,

DESTRUCTIVE FIRR.-A fire broke out
Saturday morning, about three o'clock, in a
woodshed attached to the residence of Theo.
dore Borup Esq. on 9TH street, which quickly
communicated to the main building, and from
thence to the houses occupied by Mr.. Champ.
lin and Mr.. Lee.
The origin of the fire is unknown. The
probable theory is that it originated in a heap
of manure which lay outside of the woodshed,
in an alley way, and which it is supposed NAV
have become ignited during the day by spark
from the pipe ofsome one of the men working
round the premises, and smouldered on unno-
ticed till the time it broke out in the woodshed.
The Firemen were on the ground soon after
the alarm was given, and rendered considera-
BILE assistance in saving the buildings and also a
large amount of property out of the burning
houses, but, owing to the almost total absence
of water, were unable to subdue the flames.
The wind blew perfect hurricane, and flakes
of fire were carried about in every direction,
rendering it extremely difficult, and even dan
gerous, for the Firemen and Others engaged in
the work of saving the houses on the opposite
sides of the streets.
The total amount of loss is about ten thou
sand dollars, on which there was an insurance
of about eight thousand dollars. as follows:
Mr.. Borup, $4,000; Mr.. Champlin, $3, 1000;
Mr.. Cakes, who owned the house occupied by
Mr.. Lee, $500; Mr.. Lee had an insurance on
his furniture in the Connecticut Fire Insurance
Company of Hartford, of 500. The other
risks were divided, we believe, between the
Home and Phoenix Companies. Mr.. Cakes
loses about 81, 900 over his insurance.
In addition to the above losses, valuable
span of horses, worth about $500, owned by
Mr.. Champlin, were burned.
The greater portion of the furniture belong
ing to the above gentlemen was saved, but
some of it, of course, in a damaged condition.
This city can i'll afford to lose a number of
first-class houses such as were destroyed last
night. If there were sufficient number of
cisterns located in proper positions, and a Hose
Company established with about one thousand
feet of hose, there would be no necessity to
talk of q steam fire-engine. We wonld like to
know of what use an engine is without water
and where we cannot get water in sufficient
quantity to supply even one engine, as was
fully evidenced yesterday morning, we cannot
see how fire can be extinguished.
We trust that the City Council may take
some action in this matter, and have sufficient
additional cisterns built as soon as practicable.
The saving effected in one year would more
than counterbalance the expenditure incurred
in their construction.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
Wool In Eastern Markets.

From the Philadelphia North American, II.
Wool is unsettled, with but little coming in,
and buyers and sellers are apart in their views.
Sales Of some 70, OOO@SO, 600 lbs fleece, howev-
er, are reported, in lots, at 65@7Oc, mostly at
about the highest figure, net, cash. uaau
From the New York journal of Commerce, II.
The advance in gold and sterling exchange,
together with the prospect of large increase
Of the army, have impaired firmer feeling,
and holders generally are less disposed to press
sales; and in the present unsettled state of the
market, buyers are not disposed to operate,
and business has been light for few days past.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
Recent Decisions Of Supreme Court
of Minnesota.
Casper H. Schurmeier, Respondent,

Casper H. Schurmeier, Respondent,
vs..
The St. Paul and Pacific Railroad Company,
et. al. Appellants.
SYLLABUS.
The mere commission of q trespass which
will not work irreparable mischief, is no cause
for the issuance of an Injunction before the
rights of the parties are tried and decided. A
charge in the complaint that the act about to
be committed will work irreparable injury 10
the plaintiff, will not support an injunction I'M
less the facts stated in the complaint sustain
the charge. The erection of trestle work for
the track Of railroad, in public street or
levee, that is capable of being readily removed,
although it may occasion Inconvenience and
damage to adjoining lot owners, is not such q
trespass as will authorize the issuing of an in
junction previous to the right of parties being
tried and decided.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
.1Druakcpness Cured. 81

The inebriate may now bid defiance to the teYunt.
ing cssp. Dr. ZANR'S ANTIDOTE FOR STRONG
DRINK is a certain cure for Drunkenness Itcreates
a dislike for strong drink and can be administered
without the knowledge Of the patient Price 81. 90
a box. Sent by mail to any address by s. c. UPHAM,
4O3 CHESTNUT STREET, PnfLAbELPmA, Pa. Circulars
Mt free uoID 1EiE ,,lfA 2. Oct21-d tW&w1y
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
RACE ExrRAoRDINARY-NoS SELL

RACE ExTRAoRDINARY-NoS ELL.-The
most exciting race of the season came off yes
terday on jackson street, between Charley Col
ter's bull calf, Jerry, and o. w. Ford's contra
band, jackson. The track was from jackson
street to Cobbs Mill, and bets on starting were
two to one on the bull calf After two or three
false starts the animals-biped and quadruped-
got off in full style, closely followed by the
gallant Captain as time-keeper, and the indom-
table Charley as stake (not steak)- holder. The
time was excellent, both animals, displaying
great speed and bottom-the contraband being
induced with the greatest portion of the latter.
After an exciting race the contraband was de-
clared the winner, he having come in half a
head, ahead of the Calls head.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
OBsrRucr1NG AN ENROLLING OFFICER.

A case came on for hearing Tuesday, before 1.
N. Cardozo, Esq, United States Commissioner,
which being the first of the kind brought up
for trial, created considerable interest. 1t was
that Of the United States VS.. Patrick Griffin,
and the charge was brought by Mr.. N. N.
Thompson, Enrolling Officer for West st. Paul.
1t appears, according to Mr.. Thompson's state
ment, that while in the discharge of his duty,
obtaining list of names of those subject to
militia duty, he was knocked down and abused
by the defendant. Griffin was arrested, brought
up before the Commissioners, yesterday, and
the case was adjourned until two o'clock to-day.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
General Orders, No. 4.

HEADERS OF THE FORCES IN GARRISON
LIST. OF MINI, DEPT OF THE NORTHWEST, !
Sr. PAUL, MIMI, June %, 1868.
Publication of the following General Orders,
No. %, Current Series, Department of the
Northwest, is made for the benefit OF, and as
notice to, all concerned, pursuant to instruc
tions from Department headquarters
By order of Colonel s. Miller, Commanding
Forces in Garrison.
GEO. w. PRESCOTT,
LIST Lieut., A. D. C. and A. A. A. General,
General orders, No. Is.
HEADQ'Rs, DEPARrM'r OF THE NORrHwEsr.l
MILWAUKEE, Wis, June II, 1868. {
l. In General Orders No. III, War Depart
ment, Adjutant Generals Office, May 9th, 1863,
the following officers and enlisted men, have
been declared duly exchanged as prisoners Of
war:
81. All officers and enlisted men, and all
prisoners, whatever may have been their CLASH
fication or character, who have been delivered
at City Point, Virginia, up to May 9Th, 1868. "
released on parole up to April LIST, 1868, where
ever they may have been captured" s
"3. All enlisted men who may khave been
captured in North Carolina and Virginia, and
released on parole, up to March LIST, 1863"
II. All officers or soldiers paroled as above,
who are within the limits of this Department,
will report without delay as follows, in order
that they may be equipped and returned to their
regiments in the field: 1855 o." HF
Those in Minnesota, to Colonel s. Miller, 9TH
Minnesota Volunteers, Saint Paul.
Those in Dacotah Territory, to Lieutenant
Colonel John Pattee, eth Iowa Cavalry, at
Sioux City, Iowa.
Those in Iowa, to Brigadier- General B. s.
Roberts, at Davenport.
Those in Wisconsin, to Brigadier-G General T.
G. HI. Smith, Milwaukee, or Colonel D. j. Dill,
3Oth Wisconsin Volunteers, at Madison.
III. Any officer or soldier now on parole in
this Department, who comes under the provi-
sions of this order, and who fails to report as
directed, within a reasonable time after the
date of this ORDER will be arrested as deserter,
and treated accordingly.
By command of Major General PORE.
r. o. SELFRIDGE,
A. A. G.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
milwaukee Market.

MILWAUKEE June %.
FLoUR-Dull and dropping, sales of 700 bbls
Lafayette Winter, on private terms; 100 bbls
Spring Extra at So.
WHEAr-Closing firmer, sales of 300 bu
No. Spring in store, at $1.16; $500 bu No. 2
in Higby's, at Clip; 800 but Rejected at "a.
GoLD-40@41. New York quotations 43h
@43ss.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
O. sPERMAToRRHG GIN BE c1JRED.

DR. RANDS SPECIFIC cures sPERMAToRR.
HEA, SEMINAL WEAKNESS, IMPOTENCY.
LOSS OF POWER, etc, speedily and e6sctuauu.
Its effects are truly magical A trial of the Specific
will convince the most skeptical of its merits Price
$1a Sent postpaid to any address by s. C.
UPHAM, 4O3 Chestnut Street, Philadelphia, Pa.
Circulars sent free. Oct21dtw&w1y
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
Vose 81 Company, Appellants, J
Granville NJ. Stickney, Respondent)

SYLLABUS.
When debtor has the property of a third
person in his possession, and is exercising acts
of ownership over it. with the consent Of the
owner, and SUCH property is seized by the
Sheriff under process against the debtor, no
action can be maintained against the Sheriff by
the real owner OF the property, until notice Of
his claim has been brought to the Sheriff, or
demand made upon him, and a refusal or delay
in surrendering the property.
When goods are delivered to an agent to
sell, the latter to have as his commission all he
can obtain for them above specified sum, with
an agreement to account to his principal, the
agent has not levyable interest In the goods.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
Thomas jackson, Respondent,
VS..
William E. Butler, Appellant. !,
SYLLABUS.

The act of the Legislature Of February IA,
1862. entitled " An act suspending the privilege
of all persons aiding the rebellion against the
the United States of prosecuting and defending
actions and judicial proceedings in this State"
States and of this State and void.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
Robert Holgate, Appellant, !
VS..
Mathew BrOOme, Resp't.

MaIHeW brOOme, kcspt.
SYLLABUS.
The pleadings in a Justices court must take
place at the time mentioned in the summons
TOR TO-: the appearance OF the parties, or at such
the justice may appoint by consent of parties.
A defendant set up in answer, by way of coun-
ter claim, that the plaintiff was indebted to him
in certain amount for lumber sold and deliv-
cred at plaintiffs request. It was not stated
when the lumber was sold, nor that it was
worth the sum claimed, nor that the plaintiff
proof was introduced by defendant, and the
justice rendered judgment for defendant on the
answer. Held, That the answer only stated
conclusion of law, and no facts having been
proved showing valid counter claim, the
judgment was erroneous.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
The Toledo Novelty works, Appellant,
vs..
Isaac Bernheimer, Respondent.


Under the act of August IL, 1858, to create a
lien in favor of mechanics and others, lien
can only arise in favor of the original contract
the contract for the erection and repair of the
building.
Under that act, no personal action can be
maintained against the owner by sub-con-
tractor, unless it be shown that at the time
of notifying said owner Of the amount of the
claim as required in said act, the said owner
was indebted to the contractor on account OF
the work done, and to be done under the con-
tract, or unless it be shown that the owner has
colluded with his contractor, in the manner set
forth in section of said act. go fai2eo e.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
DIED..

On Monday, June 3d. MARY, infant daughter of
Robert B. and Alice Halford, aged months and 4
days.
ton, WILLIAM H. MUNGER, aged % years.
In Warren, Rhode Island on the 18th inst, Dr.
WILLIAM H. DAVOL. aged 80 years.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26

The following resolutions were unani-
pously passed by the official board of the Jack
son street M. E. Church of this city:
WHEREAS, The continued ill-health of our late
excellent pastor, Rev. EDWARD EGGLEsroN,
has compelled him to desist from his ministe-
rial labors, therefore,
Resolred, That we deeply sympathize with
Bro. EGGLEsroN in his atiiiction, and earnestly
pray for his speedy recovery, and his return to
he is so well qualified.
Resolved, That while we sincerely regret the
necessity which has compelled him to relinquish
the pastoral oversight of this charge, yet we
cordially approve his course, fully believing
that immediate cessation from ministerial toll
and responsibility, affords the only chance for
his restoration 10 health and the continuance of
his life -I-'-3ff ..'I.- atH
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26

PIGEON MATCH IA pigeon match came
off Saturday at Daniel Hopkins, on the st.
Anthony road, shooting from spring trap. The
following is the result: T. OF 0E.rl1Fa.I'l "a
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26

OPENING OF B1Ds.-The proposals for
supplying the Army in Minnesota with various
articles of provisions, were opened Saturday at
IL o'clock NJ, at the Office of Capt. M. P. Small
Upper Levee. The principal bids were as fol-
lows:
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
VIM. F. Davidson, ct al. Plff's in error,

VS.. -
James Farrell, Delft in error.
Where the plaintiff in error relies upon the
want OF pleadings or an issue in cause, to re-
verse Judgment of the District Court, the pa
per book. or record, presented to this court
must show affirmatively, that in fact there were
no pleadings. or that no issue was Joined in the
court below. y ~ - I. - Z. .....
Where it appears from the paper books that
the cause was in the District Court by appeal
from the judgments Of ajustice's court, that the
cause was referred by consent of parties, that
the parties appeared before the referee, and
proceeded with the trial of the action and that
they made theirproofs and allegations, and the
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
Abraham X. Miller, Plaintiff in error,
vs.
Albert D. Rouse, Defendant in error.

The defendant holds q note against the plain
tiff upon which he claims there is due and I'M
paid the sum of $3.50, and refuses to give the
same up to the plaintiff until that sum is paid.
The plaintiff brings his action against the de-
PENDANT alleging that the note is fully paid and
satisfied, and demands the cancellation of the
same. Held, that the action can be maintained
under Section IS Of the compiled statutes, page
629.
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26
Robert Whitacre, Respondent.
sHt44} q VS.. saoi'ei nuf3
George Culver, Appellant.

SYLLABUS.
AS general rule, party will be precluded
from denying his own acts or admissions. which
were expressly designed to influence the con-,
duct of another, and did 80 Rfuenceit, and
when such denial will operate to the injury Of
the latter. \, ~ --,,, s-,..i y, 800
All admissions are confined to the transac-
ton in which they are made. and are not con-
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26

DLANK BOOK S.-Day Books,
ID Ledgers, Journals &C., made TO any pattern,
and bound in the best style By -. -. - !
Loyq1.c NJ y asl@ s. tNfi Third Street. +
The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-26

PEMB1NA TRAINs.-A train of carts, fifty
in number. arrived this week from Pembina and
st. 10, loaded with fine furs and robes, amount
ing in value to about $50, 900. The train is en-
camped on the usual camping ground outside
the city, on the st. Anthony road is the pro-
perry of Joseph Gingras and Pashal Boerland.
A train numbering more than one hundred
carts will arrive to-day from the same locality,
laden with robes and furs.