davidaulloa/AmericanStories huggingface dataset:
The daily register. [volume] (Wheeling, W. Va.) 1863-1864, 1864-11-05


est in hand. The Judge Advocate denied
that the crime charged was against the
statute of New York. Tho statute does
not provide for the Indictment of any ono
who Committed tho crime outside of the
State. In which county Of the State Of
New::York could an indictment be obtained?
And consequently military court is proper
one to take oogniEance of the case, for the
erimeconeerned WAS sgsinst the soldier in
the field, and consequently was under the
direct charge Of the military authorities.
The court was here cleared, and the com
mission overruled the plea a. to the juris-
diction, and also decided that they had ju-
risdictiou.
Dol. Foster xsked the court to render .
Judgment of guilty. The defendants could
have put In any plea they pleased; they
had chosen to plead to the Jurisdiction and
now must abide the consequences.
Mr.. Gillette considered the demand Of
che Judge Adv Este On extrsordir ary on.
He argued that plea to the jurisdicti, n
sas not IN unusual thing. II the defence
had isnurrsd, then the court decide wheth
er plea snonld be entered; nor will o nil
itry court decide that, because plea to
tho jurisdiction has not besn sustained,
the accused cannot he. confronted with
the witness, b1t that he shall be con-
asmned without trial.
The court has simply decided that the ar
gumsnt against the Jurisdiction was NOT
good. II the cage Vas disposed Of without
. hearing would Il have the effect IF pull.
ling down the crins3 Col Foster in reply
sid IL point In ths ssss 10 whsa pesson
The Placer herald., 1864-12-17
The Dutch Gap Canal.

The Richmond Examiner of November
9th, says:
1t becomes every day more likely that the
Dutch Gap canal will shortly be finished
that iron clads can pass through il; and that
an immense fleet, firing on Drury's and Chat
tiu : bluffs, with the view of clearing the
banks of the river. will be the most impor.
tant feature of Grants last effort to take
Richmond. This canal at Dutch Gap, is a
setmposed toll. During the passage OF
Grants army to the south side, he or Butler
fouud 'hn "ur Confederate ironclads would
c',n. dawn and attack him. To prevent
this they sunk vessels in the river near Curle's
Neck. The CoDfederates planted batteries
on the hank; the enemy were unable to take
up their own distractions under the fire ol
these batteries, and the river has been closed
to the enemy's fleet from that day to this
He has been compelled to dig canal to pass
his own distractions. Such is the value OF
distractions in the channel of a river. With
good batteries in the neghborhood and
sharpshooters on the banks, no fleet, iron
clad or Otherwise, can pass by them nor get
them ont of the wav The lesson was learn
ed at Sebas,apol harbor, repeated in the
Peiho by the Chinese, and again at Drewry 5
Bluff in 1862 The distractions hastily
sunk in the river saved Richmond after the
Merrmac was blown up. If the obstruc.
tons in the river below Chaffin's Bluff are in
proper condition and properly situated the
labor on the Dutch Gap canal will be a labor
lost But by distractions only, such as YES
sells sunk in channels, can rivers be success,
fully defended since the invention of iron
clads. Even wooden vessels can run by sta
tionary batteries, and no batteries are Of
avail against ironclads, when there are no
such distractions to bring them to halt
under fire. Torpedoes may be effective, but
they are new inventions and not fully proven.
They are also uncertain things. They get
wet; they get rusty. Often they fail to 90
off at the right time and the right place
But distractions formed of sunken wrecks
are proven. Their effect is well known, and
they are the things which sensible men, who
wish seriously to succeed in the defence of
the city, will never forget or discard.
The Placer herald., 1864-12-17

E. NJ. HAIL, B. G. ALLEN, AND HENRY HUBBARD
WILLIAM OsBURN AND CATHARINE LAwLER.
District Court, 18th Judicial District, Placer
County, California.
1t appearing to my satisfaction by the affidavit
OF Henry Hubbard, one of the plaintiffs in the
above entitled action, that VIM. Osburn and Ca tn
arine Lawler, the defend tnts in said action, both
reside out of the State of California. that Wm
Osburn resides at Day ton, State of Nevada, and
that the said Caharine Lawler resides somewhere
in said State of Nevada unknown to afiant, and
it likewise appearing that plaintiffs have good
cause of action against defendant. VIM. Osburn
and that defendant Catharine Lawler is a proper
party to said action, and it appearing that sum-
mons has been issued and on motion of Tuttle
Hale &iFellows, Attorneys, it is therefore ordered
that service of summons in said action be had
upon the said defendants, VIM. Osburn and Cath
arne Lawler, by the publication of the same,
period of three months in the Placer Herald, a
newspaper printed and published at Auburn,
Placer county. And it is further ordered, that
the Clerk of the District Court of the 18th Judi
cial District in and for Placer County, forthwith
deposit in the Post Office, with the postage pre-
paid, copy of the summons and complaint in
said action, addressed to VIM. Osburn, at Dayton,
State of Nevada.
Fl. FELLOWS,
County Judge Placer County.
Dec. 10th, 1864.
Attest, D. W. SPEAR, County Clerk,
By A. n. GAMBELI, Deputy.
Dec II, 1864 - 3m.
The Placer herald., 1864-12-17

FREEING THE NEGRo.-By an official re-
port recently made ur, it appears that over
10000 freed negroes have died Of disease
and Starvation in The department Of New
Orleans during the past Two years! What
is the use OF Constitutional amendments de.
claring slavery abolished, when we are get
ting rid of the institution at such rapid
rates The abolititonists love the negro so
devotedly that through their kind and hu
mane treatment they die OFF like rotten
sheep. What precious set of phanlhro.
pists! Negro slavery is horriblel Death is
preferable, say these white cravated Peck
shifts, to human servtude; so they steal them
from their kind and provdent masters, and
send them to heaven to enjoy their freedom!
Never was a country cursed as ours is by
such craven hearted, inhuman set of fanat
les as now guide and control onr national af-
fairs. God grant that the race be not per-
petuated - Union Democrat
The Placer herald., 1864-12-17
Notice, TO Whom it May Concern,

AE llEREAS. ia the year 1889 afidavits we're
w Glcd in the United States Land othce' al
Marysvlle, alleging that the North West Quarter
of Section 10. Township No. II, North Range o.
East, Mount Diabo Meridian, contained sufficient
mineral to make the same more valuable Tor
mining purposes than for agriculture Now
therefore. notice is hereby given, that will on
the 25th OF Jan. 1865, make personal application
to the Register of the land Office at Marysvlle,
for leave to file my decara.ory statement claim
ing prc-emption right to said land under the pre-.
emption law Of the United States, and | will
then adducc evidence 10 prove that said land
had been many years used for farming purposes
and that the same is more valuable tor agrcnl-
tura than for mining or minerals. at which time
and place all persons having cause to sbo. 10
the contrary are required to attend and show
such cause and make proof thereof.
&. GOULD.
December 18th. 864.-6w
The Placer herald., 1864-12-17
Notice, TO Whom it May Concern

WHEREAS, in the year 1859, ofiidavi.s were
w filed in the United States Land Once AZ
Marysvile. alleging that the North East QuarWr
Of Section 10. Township No. II, North hangc o,
East, Mount Diablo Meridian, contained m'heral f
sufficient TO make the same more valuaoie 'oi
mining purposes than for agriculture; -, Mo", W.
therefore. notice is hereby given, that VIII on
the 25h day January A D 1865, make personal
application to the Register Of the said Lana
Office at Marysvie. for leave to file my deCia'"
tory statement, claiming pre- emption rigG' ~ w
said land under the pre-emption law o sno
United States, and will then adduce eViueneu ~,
to prove that the said land has been useu 'J'
farming purposes, and that the same IS more w.
liable for agricultural purposes than LOT Il.n"s
or minerals, at which time and place all persons
having cause to show to the contrary, are IT,.
qured to attend and show such cause, ana M ,1""O
proof thereof THOMAS IA ho"'
December l7th, 1864. CIV
The Placer herald., 1864-12-17

BAD RoADs.-It is the general testimony
Of those who have any travelling to do now,
that the roads are almost as bad as it is pos
sibls for them to be. The ground is SO
completed saturated by the almost constant
rain of three weeks, that little teaming
renders the roads next to luagmirss. The
trbulations of stage men aud teamsters are
many, but they bear them with becoming
fortitude.
The Placer herald., 1864-12-17

A LARGE SHIp.-The Norway, probably
the largest sailing vessel in the world, is now
unloading at San Francisco. She registers
$500 tons, or 500 tons more than the
"Greal Republic" The Norway has a steam
engine for hosting cargo and pumping
The ship is owned in New York.
The Placer herald., 1864-12-17
THE PLACER HERALD.
AUBURN, DECEMBER 18th, 1854.
Eastern News.

The military situation continues interest
ing, Notwithstanding it is season Of the
year when active operations are generally
suspended. But it seems to be the inten
ton that the present year shall be made an
exception 70 the rule, as the armies keep the
field, and winter quarters are not spoken Of.
The expedition of Sherman attracts the
most interest, and its result must soon be
known, as he is reported at or in the vcni'
~ of Savannah. The N. Y. World profes-
sss to have report from Union man who
% just from Richmond that Sherman had
heavy fight, on the 10th inst, within twelve
miles Of Savannah, and defeae the rebels
they losing from 1000 TO 5000 men, and
1900 prisoners he losing some $500
The rebels are said to have then retreated to
their works before Savannah. Whether
such battle has been fought or not, the time
has about arrived for bin TO reach the coast.
and another week will probably furnish
some more definite accounts Of his march
through Georgia, than has yet been received
Hoods campaign in Tennessee is being
prosecuted, and it appears that he is beseig'
Ing Nashville, and at the same time attempt
ing to cut its northern lines Of communica
ton, as we'll rs to invade Kentucky. Cold
weather is said to be retarding his move
ments somewhat, but the threatening appear
snce Of his different commands, leave no
doubt that he has marked ou, an extensive
campaign for the winter. The federal for
ces still hold the important posts of Murfrees-
boro, Stephenson and Chattanooga. Rumor
places Breckenridge at Sparta, Tennessee,
but this seems improbable, as it would indi~
cate that he had given Burbridge the slip,
and obtained position where he could ell
ter Kentucky with little difficulty.
There are daily rumo,s that Grant is about
10 attack Richmond, but this may be con-
sidered doubtful. His latest movement has
been with column of men down the Wei.
don Railroad, but we fail to see its impor.
tance as heralded by the sensation press 1t
was raid on a railroad, and failed to draw
the rebels from their strong places about
Petersburg.
The Placer herald., 1864-12-17
PROCEEDINGS OF THE BOARD OF
SIIRER VI2ARS

A special meeting of the Board was held De.
cember 9Th, at which Archibald Logan was ap
pointed Tax Collector of Township No. /, vice
G, l.. Grilly, deceased
Elliott Aubrey appointed Justice of the
Peace of Township. No. 4, vice w. G. Brown
resigned.
The County Treasurer was authorized to re-
deem all jurors certificates issued by the County
Clerk from and after this date, out of any monies
in the General Fund.
The Placer herald., 1864-12-17

BALL At New CAsTLE.-The Ball going
community will be pleased TO learn that a
Ball is to be given at New Castle, on Thurs
day evening" 2oth. inst by Mr.. WIN. Mullen.
The dance will be held in his spacious hall
large enough TO accommodate all who may
want 10 dance. II ia sufficient guarantee
that the supper will be unsurpassable, when
it is known that Billy Mullen bosses the un.
dertaking.
The Placer herald., 1864-12-17
II. FELLOWS, Presiding.


Friday. December 9th, 1864.
Halsey VS.. Staples-Trial set jor Monday, 10th
instant.
The People vs.. Barney Murphy Defendant ar
rail- igned; pleaded mot guilty" and cause con-
tinued for the term
The People VS.. All Hop-Demurrer to indict-
ment argued and overruled; Defendant pleaded
"not guilty. and trial set for Wednesday, the
l4th instant.
The People vs.. B. F. Houk-D Defendant SEN
fenced to two years in the State Prison.
The People VS.. l. B. Enthusiastically, 14th
inst. appointed for arraignment of Defendant
Crocker and Young vs.. Mariner-Cause dis.
missed on stipulation filed.
Venire for ten special jurors.
The People vs.. W. S. Mesick--Motion for con-
tinuance denied, and jury empanueled and trial
commenced.
Tuesday. Dec. 18th.
The People vs.. W. S. Mesick k-Tria concluded,
verdict Of guilty with recommendation that
the lowest penalty under the staute be impos-
ed" and Monday next appointed for rendering
judgment.
Wednesday Dec. 18th.
The People vs.. J. B. Hawkins. Robbery-De-
fendant arraigned and declared his true name
as indicted pleaded not guilty. Trial set for
the 18th instant
The People VS.. All Hop--Jury empanneled and
cause tried; Defendant found not guilty, and
discharged.
The Placer herald., 1864-12-17

DoCIoR's VIsIrs.--lt is not only for lhe
sick man. but the sick mans friends, that
the Doctor comes. His presence is often
AS good for them as the patient, and they
long for him yet more eagerly. How We
have all watched for him. Wha. an emo
ton the thrill OF his carriage wheels in the
street, and at length At the door, has made
US feel, How We hang upon his words, and
what a comfort we get from smile or two.
if he can vouchsafe tIla, sunshine to tighten.
Who hasn't seen the mother prvinp into
his face. TO know If there is hope for the
sick infant that cannot speak, and that lie.
yonder, its little frame battling with fever!
All, how she looks into his face What
thanks if there is light there; what gre
and pain if he casts them down and dare not
say "hope!" Or is it The house-faher that
is stricken. The terrified wife locks on
while The physician feels the patients wrist
smotherng her agouies AS the children have
been called upon to stay their plays aud thei.
talk! Over the patient in the fever, the wife
expectant, The children unconscious the doc
tor stands as if he were fate the dispenser
of life and death; he must let the patient of
this time; the woman prays so for bis respi e
One can fancy how awful the responsibilit,
must be to a conscientious man; how crue
the feeling that he has given the wrong re
medy, or that it might have been possible
to do better; how harrs.sing the svInpath,
with survivors. If the case is unfortunate
how great the delight Of victory
The Placer herald., 1864-12-17
FDwARD EVERETT -TUpN Avn No,

EDWARD EvERETr.-THEN AND Now
William Lloyd Garrison was mobbed and
dragged through the streets of Boston in
1885. At that time Edward Everett was
Governor of the State, and recommended
proceedings Of indictment against the Abo.
tionsts, as dsturbers of the public peace
Now he bows himself virtually before sue.
cessful Abolition, and places the foot Of the
mobbed man humbly upon bis own neck
The Placer herald., 1864-12-17

The CLANS AT WAR.-The late steamers
have carried eastward, to Washington, a
formidable array of the Lincolnite spoil>r
hunters, who will lay close siege to Uncle
Abe, for the numerous fat places within his
disposal on this coast. Among these pill
grims were A. ]. Bryant, Cl airman, and
Charles Westmoreland, Secretary Of the
Lincoln State Committee j. =. Wentworth
Indian Agent, and others of more or less
note. Rumor says Bryant wants to be Col
lector Of the Port of San Francisco, and
Westmoreland, Naval Agent and in fact all
Of the other Federal offices on the Pacific
coast, will be sought to be filled by
new men-men who can claim aud show
faithful party service, and will demand that
the ins, who have had four years chance at
the public teat, shall give way to the outs, who
are very hungry and very poor. These ap-
plicants will be exceedingly clamorous and
persistent, and the President will find that
they cannot be put off with a joke. We
doubt, if the din these Calfornians will raise
about his ears, will remind him Of any story
that he has before heard. And to conn plete
the difficulties of the situation" there will
be rival asprants for al! the posilions-for
the CONFESS and Anti CONFESS clans are al.
ready al war-,he pipe is broken, the hatch
ct has been unearthel, and war, bitter, un-
relentless war has been proclaimed. Already
the newspapers are taking sides and cores
pondencs and editorials beloken that the
fight will be fierce. Conness will require al
his talent impudence and industry, to cope
with his enemies, who mainly comprise the
old Republicans Of this State, who have many
old scores TO settle with him.
The fun has Just commenced.
The Placer herald., 1864-12-17

WHlTE SLAVES. - BY the train on the Iii
nos Central Railroad, on Monday eyenn g
last, there arrived in Cairo, between forty
and fifty white women on their way for the
South, where they are to be employed on a
cotton plantation. they were in charge OF
Doct, Magavie, who cuitivates a portion OF
Island No. 40, and were picked up by him
in New York city, and brought hitber for
the express purpose OF picking cotton.
Louisville Democrat
The Placer herald., 1864-12-17

BALL AT ILLINoIsrowN.-Cap Hersey in
tends giving New Years Ball, at his hotel,
(E. J. Brickell's old stand,) one-half mile be
low Illinoistown, on Friday evening, 3oib,
inst. The hotel contains large dancing
ball, and the house is otherwise commodious.
A fius supper and good music will be pro-
vided, and every arrangement made tor the
accommodation Of large party.
The Placer herald., 1864-12-17

FINANCIAL.-The financial article of the
5. f. Bulletin, of Dec l2gfl speaking of the
luctualion in Gold in the Eastern markets
saws:
New York panera Of November l2th, in
speaking of the rise in gold to 260 and its
subsequent decline to 24O, state that the
Government had determined to use the influ
ences at its command to ''protect the people
from the exorbitant prices of commodities
occasIoned by the eXtravsgant price of gold"
This policy was decided upon, it is said some
time since, but WAS not to be carried into
effect until after the Presidential election.
Telegrapbic dispatches from Washington
state that number Of appliances at The
command of the Government can be brought
into requlsllion, and all of them are to be
employed in breaking down the market.
The Assistant Treasurer of New York had
been to Washington in consultation with the
Department on The subject.
Expedents have frequently been adopted
tor such purposes, but without any permal
nent success, and it can hardly be doubted
that future experiments Of a similar kind
will result in the same way, and produce at
most but temporary effect upon the mar
ket, to be followed by reaction and an ag>
gravation Of the evils complained of. No
expedient but direct and largely increased
taxation will meet the exgencies of the pres
ent programme"
The Placer herald., 1864-12-17
SUM MONS.
STATE OF CALIFORNIA. I
PLACER COUNTY.

STATE OF CALIFORNIA,
PLACER COUNTY.
District Court Of the Fourteenth judicial District
Of said State.
The PEOPLE OF THE STATE OF CALIFORNIA: To
WIN OSBURN AND CATHARINE LAwLER:
VOU ARE HEREBY SUMMONED to answer
d the complaint of b. G. Allen, Z. NJ. Hall and
Henry Hubbard in said Court, filed against you .
within ten days from the service of this Writ
exclusive OF the day Of service, if served on you
in this County, but if served on you without
said county, and within said District. twenty
days. and If served OH you without said County
and District, then in forty ydays from such service
exclusive OF the day Of service. in an nc ton com
menced on the 10Th day of December 1864 in
said court. to obtain judgment against YOU de-
fendant, VIM Osburn, and in favor Of plaintiffs
for the sum OF 5 900 90 aud interest thereon at
TWO ana one-hall per cent. per month, from Jan
uary. 2lth, 1868, alleged to be due on your Ger
tain promlssory note OF the last mentioned date
for the said sum Of ) 900 90 and interest thereon
at the rate above mentioned and payable to the
order OF plaintiffs. Plaintiffs also ask for a de-
cree OF foreclosure against certain property mort
gagged by you to secure the payment OF said note
and interest, to-wt: all that certain property
situate lying and being in and near Auburn
Placer county. California and formerly known
as Smith * Woodn's water works, more pnrticu-
lary set out and described in the complaint in
this cause, now on file, together with all the
RIGHTS, privileges and appurtenances thereunto
belonging or appertaning.
plaintiffs ask that the claim or claims Of both
of the above named defendants in and TO said
mortgaged premises may be deCrccd by the court
to be subsequent and subject to plaintiffs said
mortgage. plaintiffs also ask for 10 per cent
upon the amount found due, for their use as At
torncys fees as provided by said mortgage
Plaintiffs also ask for their costs of suit in this
action and that this Judgment follow the terms
of the contract expressed in said promissory note
and be made payable only in the gold coin cur
rency Of the United States; all Of which you will
find more fully set out in the complaint on fiji =,
a certified copy of which is herewith served.
And you are hereby notified that il you fail to
answer the complaint as directed, Plaintiffs will
take judgment by default against you aud apply
to the court for the relief prayed for
IN WITNESS WHEREOF. | D. W.
- Spear, Clerk of the Fourteenth Judi
l.. s. cial District Court aforesaid, do here
~ unto set my hand and impress the seal
f--, OF said court, at Office in Auburn, this
I.R.S [ 18th day of December. 1864.
$50 ct. D. W. SPEAR,
N-~-~' Clerk.
BIZ a. N. GAMBELI, Deputy.
The Placer herald., 1864-12-17

~ The Portland Oregonian thinks that
il mint was in operation at that place, ST.
O00,0O would be deposited for coinage
within twelve honrs.
The Placer herald., 1864-12-17

New PAPER.-A new paper. called the
Montgomery Pioneer, has made its appear.
ance. 1t is published at Montgomery, Mono
county. In size, it is about six by uno
inches.
The Placer herald., 1864-12-17
BURNS FESTIVAL.
At THE FOREST HOUSE,
FORREST HILI,
ON THE 25th DAY OF JANUARY, 1865.

COMMITTEE OF ARRANGEMENTS:
James Hewitt. Forest Hill.
Duncan Quinn, Robert Gillespie, Bath.
R. A. Mcdonnell, Michigan Bluff.
Thomas Dodds, Todd's Valley.
Thomas Martin, Deadwood.
Arch McColm, Can da Hill.
George Dot, Wisconsin Hill.
John Pride, Grass Valley.
Forest Hill, Nov 10th, 1864.
The Placer herald., 1864-12-17
OLD RED AND WHITE WINE,
Grape Brandy, and Pure Wine
Vinegar

for sale cheap. Every thing sold by the under
signed warranted such as represented.
LOUIS f. MILLER
Address Rattlesnake. Z. O.-D Dec, II, 1854 I'm
The Placer herald., 1864-12-17
Regular Meetings OF Delta Chapter No. 27,
Auburn, for the year 1865.

OrFIcERs OF EUREKA LopGE, No. 10, F.
& A. M.-Benj. F. Myres, w, NJ; John. S.
Agsn, s. w; S. Coburn, J. w; J. K. Gran
ds.l, Secretary; d. w. Lubbock, Treasurer.