davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-25

vVM d. HIGGINS, AuCrIoNRHR. WILL SILL, ON
w Friday OcL %, corner Of Third avenue and Fifty
VII Teas Sugars Flour kc; also Horse wagon and liar
uess. slss spendid lot OF countsrs, shelving ~
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-25

A uCT1oN NOTiC..-BOOTs AND SHOES.
~ w. N H0LLINGSHEAD, Auctoneer
PyCHAKbES q, WARREN. % Cortland street
THIS DAY lFRIDAy) October 25, At I05 O'clock
LARGE. SPECIAL AND IMPORTANT SALE.
BOOTS, SHOES. nRo0ANs, BALMORAts. CATERS,
COMMISSION GOODS BY THE PACKAGE.
The catalogue 70 contain
THkEE HUNDRED SAMPLE PACKAGES,
IN great variety Of styles and tados adapted 70 the
trade from every part Of the country.
uCTioN NOTiCR-R. r. HAzBbI. AUCrIoNgER.
N THIS day tfridsyl. October 25,
Atlo O'Clock, at our saiesroom, 81 Cortland street.
Hardware, Cutlery. &c.,
IN lots 70 suit city and country buyers
Catalogues morning Of sale
Il. r. HAzgLL A 90,
Auctioneers, 81 Cortlandt street
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-25

Also number OF fine Pictures OF the Old School, with
very hno Engravings framed, aud number OF fine
Bronzes fnm the COLLECTION OF the late Mr. Charles Aug
Davis OF New York all OF which will be sold without
They viii be ready for exhibition and from Thursday.
October "a daily and the Two evenings previous to SALE
until 10 r. NJ.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-25

DIsTILIERy TO BE SOLD AT AUcTIoN.-JAMEs
- AGAR, Auctioneer will SELL Saturday, October 26
IL O'Clock noon premises 30 Abattor place. West
TIL ninth street. North river the Or lin Distlleiv In
rlete working ORDER capacity COZ gallons daily with steam
Engine Boiler, Steam Pump Worm. Tabs. 'ias Pipe aud
everything complete. Terms OF the sale cash-tsu Per
cent the day of sale the balance In orders
the premises he had from the auctoneer at his sales
>evyH
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-25

DANiEL IT, BuRDHrT. AUCrIONEER.-srEaM En-
~ gine. &c. BbROETT, JON CO. will sell this
day FdsyN at ls6 East Ffeih street at u O'Clock Que
Steam Engine. 20 horse power: Locomotive Boiler. rs
horse power and Blower one large indigo Mill, Hydro
Extractor large lot Tubs, Water Tanks steam Pipe Belt
ing. Nc Ar
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-25

by HENRY n. MINER NEUTRALITY-SUSPICIOUS.
~ Nassau street. opposite the Post Office Fine Art Gal
leries 81 Fifth southwest Of Fourteenth
street, and SiS Roadway second door from Fourteen III
street Rich Household Furniture Mirrors Carpets Bill.
hard Table, Bedding &c. &c.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-25

4 NUtMANUANIS UFFICE, NAVY fAKU, N 80.
~ NEW yoRx Oct. -, 1887.
For SALE the 9th day Of November ~ O'Clock
NJ, Mt the Naval Hospital Brooklyn, at public auction
three t3) story wooden Building attached the East
side OF the Naval Hospital, ia dimensions about
hundred and nincty-hve (a5 feet by hundred and
tiriyune 39) feet with Wings together with the Steam
and Gas Pipes particular deScrinton will be given
nv calling At the Hospital and the day Of sale Tems:
Twenty COZ OF the purchase the day OF
sale and the balance before Is made to
take the bui ding down. guarantee VIA be required that
all the erls OF which the building composed and all
the rubbish be moved away BIZ the st of december
CHAs. H. BELL,
Rear Admiral United States Navy,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-25

TT COoiRy 4 Co, AucTIoNEERs; OFFICE Y
III. New Chamber street, sels this day, q 10 a. NJ the
entire stock and fixtures o the large fancy store 40 Hudson
street Counters i've Show Cases. Shelving, and great
variety OF Fancy Goods. In lot.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-25

A LARGE HOUSE ON fIrTH AvRNUB FoR Ss0u
IN and one Madison for s36,o vD: Lexington
(furnshsd elegantly for SIS 90
The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1867-01-19
The First 0ySler-Eater.

Once upon a time-it must be a
prodigiously long time ago, however
"a man of melancholy mind, who
was walking by the shores of a pic
turesque estuary, listening to the
monotonous murmur of the sad sea
waves, espied an old and very ugly
oyster all covered with parasites and
sea weeds. II was so unprepossess-
ing that he kicked ii over with his
foot, and the animal, astonishcd at
receiving such harsh treatment ON
his own domain, gaped wide with in
dignation. Seeing the beautiful
cream-colored layers that shone with
in the shelly covering, and fancying
the interior Of the shell to be beauti-
ful, he lifted up the "agcd native"
for further examination, inserting
his finger and thumb within the
shells. The irate mollouse, thinking,
no doubt, that this was meant as
further insult, snapped its pearly
door close upon the finger Of the
intruder, causing him some little
pain. After releasing his wounded
digit, the inquisitive gentleman very
naturally put il into his mouth. ODE
lightfnl!" exclaimed he, opening
wide his eyes. "What il this?" and
again he sucked his thumb. Then
the thought flashed upon him that he
had found out new delight--had,
in fact, accidentally achieved the
most important discovery ever made
up to that date. lie proceeded at
once to the yeri6cation Of his thought.
Taking up a stone he forced open the
doors Of the oyster, and gingerly
tried piece Of the mollouse itscll.
Delicious was the result; and 80,
there and then, with no other condi.
ment than the juice Of the animal
with no crcaming brown stout or
pale Chablis to wash down the re.
past, no nicely-cut, well butteret
brcad-did that anonymous man in.
augurate the oyster banquet. Der
idBl's Harrc-, qf hs Sun
The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1867-01-19

lum th.o nmt 4 ipifi tm
Wmnl. HHfy IN ihIs fH8pa
iplge iltf He famfss8t Isfiu
m in Dne ~ ha .fH em N NJ.
fIll0Wihf
$50 NJ thof tha In gHih aa
w.m baldi ~ taatiae ehnkv rt
fny tmr FIll lH WfI tiaiHibefs of
ifunhafds Namf aa use whisky
NV yWr w mwlemfirn ~ tltr 70
. wfHn NJ NJ amiitH hfrr mI
thfno nwu ftmfltNF Il quite tha.
w him nuke n hnaNn. / wiII na
nmni ff u nr hebhnWitif iImt I
nm mistaken"
\ inll hfTt mnn afae. Hnl flll
Inv his arms IN q ilrHihed mlnnrf
lrfuaa hls brnal. md
~ uncf myaclf 8a oue whose oHn
experience ouitlrts your ahie
meni "
Are you % moderate dfInkcfY
mid iho Judge.
! am
/" How long have yuu dmnk IN
moderation"
"fory years"
"And Wofc never inluxicalcl2'
"Nwrr"
"Wcll,' remarked the Judge,
annniug his subject closely from
head 10 loul, "youfs Is q singular
ease, yet | think II easily accounted
tor. am reminded by II Of little
story
A colorcd man, with loaf Of
bread aud flask ol whisky, sai
down To dine by the bank of q clear
stream. In breaking bread, some ol
the crumbs dropped into the water
These were seized and eaten by the
fish. That circumstance suggcsttd
to the darkey the idea of dipping
the bread in the whisky, and feeding
Il 10 them. lie tried Il. II workcC
well. Some of the fish ate Of il
became drunk, aud hoatcd hclplcs,
on the water. In this way he easil,
caught great number But in th,
stream was large fish, very unlik,
the rest. II partook freely of th,
bread and whisky, but with no per
ceptible effect. II was shy of ever,
effort of the darkcy to take it. II
resolved 10 have il at all hazards
that he might learn its name an,
nature. He procured net, aud
after much effort, caught it, carried
to a colored nighbor, and asked hi
opinion in the matter. The othc
surveyed the wonder moment, an,
then said:
"Sambo, | undcrstans dis case
Dat fish is a mullet head; it ain
got any brainsl
ain other words" added the Judgt
"alcohol affects only the brain; anC
of cod;ss., those having none ma
drink without injury!"
The storm of laughter that fol
lowed drove the moderate drinkc
suddenly from the house.
The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1867-01-19
lahH Haffissft aHa Nlif laasfe
Half,


#nm0 fimf tFH 'HH mtfir WhaHI
p iHif, n.hlf ifHsi la ihmm.l
fhr Hmf II tHHaf Fw Yml,
hmHl iIs lHIi fatf afa llHs I.y
ryiuf New fuk laian Lwd.
imm fAsHt smt n M itut
.or ln lba direction ahfn.f ff tat.
pfwfaltd ~ nv ihat fhfh mlaht
NrII ttrHf fm hsfIitlia ImmHl.r rf
d symlmiheiie haa m.f rlihi
wills ifWmuI m htn hu,
mnehed mlIne ani pamliufaly iti.
lfhing fbaefi Bnt Insufficient nn
tptHwmn lahhening M sliglt o.
IualhiaAee with ibe 6aHd N pnvrriy
lIs VIE iha sight that met hef
mfp Nue ihmtsindf N lafun.
had, doubiless. seen that piiifl ~
lcci. hul like the l'hnfiset. N oli
had pnsced by 1n The mbof tidc.
And The nthor thousands. With
.clfmmpInisnuf. had excused their
lack N charity % the dubious plen
that Tie unfortunate wns ahlr 10 rnfn
lia avn living llul this lndy, en-
i1ying every lnSuty that money could
purchase, vas not io proud io stop
ind question The little sufferer From
his lips she heard the story w. old ~
human woc, rs affecting as human
sympathy This helpless boy had
no father, M mother no friends.
lie was alone all alone In the great
cruel world. The story might have
been that Of M impoatcr, but truth
fairly sparkled IN Che childish eyes,
aud the lady wis convinced
She remembered perhaps, the day
when wealth aud plenty stood alool
from her door she compared posi-
bly, the condition of this wui( with
that Of her own child, whose every
want was gratiIied. Whatever her
motive was, It was good one, for
she took the boy with her to her
home IN New York, and made known
to her husband all the circumstance
of this peculiar case. lie, with q
generosity striking but characteristic
Immediately fell in with the wife,
plan to adopt the child, educate him
and give him Il chance to become q
worthy member of society.
The idea thus arranged was imme.
diately adopted, and the boy is nov
attending school in this city.
This is no imaginative incident
but il is literally true. Would you
know more, rcader--the names?
The woman who did this nobl,
deed was Mrs. John Morrissey, ant
he who aided her in the good WORK
is the congressman-elect from th,
Fifth District.
And now we ask of the I-am-ho
lier-than-thou element in our com
munity, To think twice before the,
heap upon John Morrissey their un
qualified abuse, This is simple Justice
Further, we venture this assertion
that when the hearts of all ar
searched, few motives purer thar
those which led to this deed will b.
found to have actuated human kind
AZ Y II,......
The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1867-01-19
Josh Billings on Lallln.

Latin is strictly an amusement,
although some folks make Il Dizziness
of il.
II has been considered an index Of
charakter, and there is some so Gloss
at reasoning that they can tell what
man had for dinner by seeing him
laff.
| never saw two laif alike.
While there are sum who don't
make emmy nois, there are sum who
don't make anything but noise--and
sum agin, who hav musick in their
laif, aud others who laf just as a rat
does who has caught steel trap with
his tale.
There is mistake in the assershun
that il is no comfort TO hear some
laiis that cum romping out Nv n mans
mouth like distrik school Of young
girls just let out tew play.
Men who never laH may have
good hearts, but they are deep-seated
like some springs, they have their
inlet and outlet from below, and
show no sparkling bubble on the
brim.
| don't like a giggler; his kind Of
laf is like dandylion, broad yeller,
with no bit of good smell about It.
II is true that emmy kind NV laii,
if it IL honest, is better than none ;
hut give me the laf that looks out
of mans eye, fust to see IL the
coast is clear, then steals down into
the dimple oi bis cheek and rides in
an eddy there awhile, then waltzcs 4
spell at the corner Of his mouth like
a thing of life, then bursts It's bonds
Of beauty and fills the air for a mo-
ment with a shower Of silvcry -tongued
sparks, then steals back with a smile
tew lay in the heart tew watch again
for its prey-this is the kind ov laIl
that ! luv and amt afraid ov.
The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1867-01-19
pOGT1l Y
For the Pahola StAn.
kissing BY Force.

.H,rn Ediiot''--
saw In your paper lew weeks ago,
That kir n ! tooL q by force,
Would he yielded, etc., pnd so on and o.
Like fool, believed i Of course.
On reading thi, item hnrriedly dr1pi
Yorr ppIe', friend johnnie, and felt very
gay
So much 50 G,ncied my Betsy enrapt
All yielded smiling and kissing away.
Now, Betsy, my darling was abseu, o school,
IL the quie, little town Of Pamela:
weatcd prohlscly, then feeling more cool,
sworc could kiss and control her.
Ny Betsy, though small, is powerful gal
n kicking q test Of gal poweri
II not mn sure she scratches rs well,
And is quite = trump Of a jawer
Arrayed In my finest, started full soon
In ,earch Of dear Betsy, and found her;
When, graspng her fingers, spoke Of the
moon,
And threw my arms gently around her.
Nurtherl hollered, but what was the use
Dear Betsy was mad as lion
She bit and kicked me as hard as the deuce
Then called me "beautiful scion,"
And sci in 10 elawing my innocent face
In a style so uncommon gathered ny
---, clothes,
All scattered and rent and leaving the place
Decided all women to kissing were foes.
The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1867-01-19

An Irish boy trying hard to get
place, denied that he was Irish.
II don't know what you mean by
not being an Irishman; but this !
do know, that you were born in Ire
land" replied tie gentleman.
Och, yer honor, if that't all, small
blame that. Suppose your old cat
had kittens in the oven, would they
he loaves Of bread?'
A good schoolmaster might find a
Job in little town in Texas, where
the following was recently stuck Up
on the court-house door:
"Notis-vill pc solt Montay vas Q
week, Won silver sphoon, Won putei
basin, won musical instrimen, aud Won
sow nit pig by me, Shon shriyer,
Constable.
The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1867-01-19

An urchin leading a little dog
along the streets of Charleston, some
days ago, was accosted by a gentle
man as iollowsi
"Well, my son, what's your dogs
name?"
"iain't got any name yet"
"Well, why don't you name him
Give him some good maine. Call
him Andy Johnson"
al don't like 10 do that-'twould
be disrespectful to the President"
"Well, then, name him Bcasi
Butler"
al won't do that neither, for tha
would be disrespectful to the dog"
The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1867-01-19
For the Panola SrAE.
I'm Dreaming.

N WILD sOsk.
I'm dreaming oil! I'm dreaming now,
The scenes arc numbered in the past,
The pleasures Of those early days,
The happiness that could moi last
Tie brightest picture m dreaming Of,
That now hangs on menorys walls
II now fills my heart witt Joy too great
Thi, dream my very soul enthalls
I'm dreaming, obi yes I'm dreaming,
Of those days long long ago,
That passed in dear old Maury,
Where those clear sparkling waters flow;
Where those great and ocky hills,
To my young unlu1ored eye,
Seemed ~ rsin. from those rills,
Upward, upward 10 the sky.
Tber dreami that all Of love
On earth was pus, aud no deceit
That all was pure as heaven above,
Nothing was hollow, nausllt a cheat.
Would those days Of lore Ind lasted,
Would were ihn. child again,
Would ne'cr Of 'in had tasted
Ny heart had .r felt pain.
I'm dreaming dreaming Of tia, house,
Just o. 1t stood in tlose days
Just a, II stood when ny father
Climbed ils walls in childish plays;
Of my grandfather a | saw him,
With III. white md lowing hair.
Although his eyes were old and dim,
Lore sud truth were beaming there.
But now I'm dreaming later still,
When ! saw those rocks again;
But how changed Is every scenc--
War !. heard from every plain.
DrsAn on, my heart, yes, dream again
DrCam, but shun this thought,
frUm all these dismal thoughts refrain.
Dream all OF joy, but none Of naughl.
The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1867-01-19

It is currently reported that the
order issued in the case of DR.. Wat
sou, Of Richmond, will be extended
or embodied in proclamation shortly
to lie issued, by which further trials
Of citizens by military commissions
will be altogether prohibited. Il
will be rccollected that DR.. Watson
has been duly tried in the civilcourts
on the charge Of numbering a negro,
and was acquitted after a careful in
vestigaiion Of the facts and Of the
law applicable TO the case; and that
he was subsequently re-arrested By
order Of Gen. Schoheld, to be held
for re-trial before military commits.
sion. The orler in this case directet
his immediate release.
The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1867-01-19


1T REQUIRED HIM.-Beast Butler
having discussed the justice Of hang
ing Robert +. Lee for his share in
the Andersonville crime, the Mobile
Tribune thus mathematics:
"Hang Robert i. Leel Il is
highly just that such a sentiment Of
the devil should be uttered by 20
appropriate a medium as Beast But
Ter. II would have burned to a
cinder during utterance, any other
than Butlerian lips. IL required
checks Of iourfold brass 10 give pas
sage, without bursting asunder, 10
such a sentiment. A simple thiei
would have failed in the attempt to
give It a voice; a common murderer
would have not undertaken Il; an
ordinary coward would have been
ashamed Of Il; a moderate liar would
have broken down in the attempt. II
required a perfect combination Of the
whole-liar, coward, thief and MUIR.
derer, in the foul person OF the Mas.
sachusetts hero, to complete the in.
carnate 6end capable of standing ~
IN full assembly and coolly making
the proposition to hang Gen. Robert
=. Lec.n
The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1867-01-19
A Trivial Accident.

A 'urH'iile stood in Fapny't uay,
She tried to pass |. through;
a 10, Of boys hard by a. play,
Had Fanny in their view.
Her skirts she sought In vain to pres
Those narrow bUunds between;
When lol the hOops escaped her dren
W s,ssl-ribbed erinolinsl
The little vreiehes raised a shout
a loud and joyous noise;
Ihsy leap, slofi. and danced about
And laughed-,hoss hotrid bOysl
Police, that should have been ashamed.
s,OVd sn,iliag on the .oeas.
While ,hoss rude boys lilo, her eselaiu.
"out Pars the eFiaoilasl'
The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1867-01-19


4 radical editor asks, "shall we
kill the laticd calf,' He must he
thinking Of suicide.
How can a boy make a jacket last.
BY making bis wais,eoai and srowscrs
frst.
The State Senate Of Virginia has
amended the usury laws Of that
State, by authorizing ten per cent.
interest.
"How does that look9'' aid Mr..
Cramp, holding out his bnwny hand.
"That," said Amos, looks as though
you were out Of soap"
The great suspension bridge az
Cincinnati was finally opened lsr the
passage Of vehicles on the 10Th inst.
The ceremony was witnessed by an
immense crowd.
A case involving the constitutions
ality Of the civil rights bin will hs
brought before the Supreme Cours
this term. ON an appeal fton ths
Court Of Appeals Of Maryland.
A formal fashionable v;rl1>r. thu
addressed . little girl: sllov aru
you, my lear?" sfvery we'll. / 6knnk
ycu,s -he replied. The vt-it-< -
added, aNow, my DIR. ~ 49,
ask me how I am Tke 81 -
ply replied, II DOM vsn1 = ~
The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1867-01-19

Lookout therel What are you
kicking my dog for9 I'm kicking
him because he's full of aeas, and |
don't want to get them on my good
clothesl Fleas, the dewitt Why
that dog sleeps with me. Yes. darn
you, I know Il and that's where he
gets them.
A man being asked, as he lay sun
ming himself on the gruss, what wa,
the height Of his ambition, replied,
"To marry a rich widow with bad
cough"
The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1867-01-19

An indianapolis paper says that
parson Brownlow took a severe cold
on the occasion Of having his shirt
washed.
Old Hog, when are you going to
have them socks WASHED that you
wore on your Northern tour last fall
We suggest that you take the precau-
ton to have barrel Of lime sprinkled
over the floor Of your apartment, be-
fore the operation of pulling them of
is commenced. The malaria arising
therefrom, and confined in a singl,
room. might prove fatal to the serv'
ant in attendance, and you, again
prove yourself victorious over un'
suspecting innocence. If you ar
alone when that operation is perform
ed, the lime will be unnecessary.
The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1867-01-19

The co.ton estimates for the crop
Of 1866 are completed, showing q
total product Of l,750,OO0 bales Of
400 pounds each. AS the actual
bales are now nearly 500 pounds
each, this Is equivalent TO a million
and a hall Of such bales. The esti-
mates are made up as follows. North
Carolina, ol, 600 bales South Caro-
lima, $4,000; Georgia, 205,00oI
Florida, $4,000; Alabama, 100000
Mississippi, 270,0 600; Texas, 100000
Louisiana, 10000; Arkansas, 1884,.
900; Tennessee, l4s,0)0; other Stat >
81 900 bales.
The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1867-01-19
fmm NJ ha4g sh#
y fialpe. n ihf lllab fean II
tfFefs enc lppeHis.


" y y ph.ws w. sssl..l.t
lafffhsm fffW N he lsasls
aHli n Yam county ft.leee n
ihf '9afi delivered " iasiss lls,
lthnhsoi n efuf alsd his am.
Plaiht u WA 'iWHii tomn N Yss.
county agiinH plalhfH N stms ~
~ nien atount Nv glfp f# ihe rst
tsjs " I'#
The plaintiff In sfrm elet ii.
answef denying me- iadelasdee..
charged In NE Nanplaiai. and ,ks,r
FRs iay and verdict fa dsfeasaa
IN effor IN flll 6s.im
mmion Wa mads for eew
ifial ~ ihc ground that ihe verdict
~. contrary 70 ihe law and evlIenee.
which moilun waa oyeffnled Nv the
eouft 70 this ruling n the su1f.
Pla'''lin escrpted, and rendered III
w, ~ exceptions
he hfd question maiefld II ~
~ o9f's''lef ariscs on lhe saHHitHey
~ The testimony Appearing IN fI,is
bill of exceptions % sustain The ae-
'ion.
The defendant In error was intro-
dnced ~ y witness TO prove III, ac-
count sued on. lie stated that alput
The lat Of January, 1851, pInintiH
~ error agreed to rent Of him . small
tract Of land adjoining the residence
Of plaintiff In error, and for that
year to make certain improvements.
which he did, and for the year 1868,
he agreed to build n certain fence
between the land in question and
defendant in error; that William
Phipps lthc son Of plaintiff in crror)
attended to bis fathers business
during the year 1857, and plaintiff
~ error occupied and cultivated the
place that year. Soon after the lst
january, 1908, plaintiff in error still
occupying the place, his sou William
came to defend in error and stated
they would not have time to build
the cross fence, which was to have
been done for the rent of the year
1903, aud desired to know what he
would take in money in lieu of the
fence; defendant in error told him
that he must have one hundred dol
lars, which was all that was said
upon the subject at the time. That
William Phipps remained on the
land and cultivated It. His father
cultivated other land in the neigh
borhood. That William Phipps,
after the year was out, promised To
pay the rent, which defendant in
error said would be all right. He
never did pay it, nor did his father,
who said il was Williams debt, but
offered to pay fifty dollars to settle il,
which defendant in error declined.
That he never at any time rented the
land to William Phipps, Jr., and has
no recollection Of William ever pro
posing to rent il for himself The
building Of the fence was worth q
hundred dollars.
This was all the testimony on tn,
, part Of the defendant in error.
The complainant relics on an IN
debetains ossumpsit for the rent o
land. The evidence shows a specin
agreement TO build a certain fence i
! consideration Of the rent OF the Ian
i for the year 1858. This variance
fatal to the defendants in error. Th
rule is well settled that the pro,
must agree with aud sustain the alb
cations of the complainant. In Il
, case of Drake VS.. Surgct, 80 Mis-
: i5S, il is held that when the plainti
declares on a special agreement an
also files the common counts, if
! the trial he proves a special agre
ment, but materially different fro