davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1867-02-12
SUPERIOR COURT --eENeRAl TERM.
Another Railroad Case Opinion by Judge


Another Railroad Case Opinion by Judge
Garvin. t&e
Before Justices Robertson, Mcneil and Garvin.
Eypa Niteaddt cs Ae Ninth Apesue Railroad Com
pany-This appeal from the decison OF the trial
term Of this court which decided that the plaintiff
guilty OF negligence dismiss the case The action
brought to damages from defendantsf
alleged injury received hy plaintiff while he pas
senger the Ninth Avenue Railroad, which, It was
stated, was brought about by an Assault Of the driver,
wheel Whereby his foot was run over. An appeal was
taken and the case argued before the general term Of
this court May 16 1868. is
Justice Garvin delivered an opinion yesterday upon
the question presented in the appeal in which, after
counting the facts stated above he said that the ques
tops presented in the such rs should have
been submitted jury II the duty Of the driver
70 stop the when requested by passengers and let
them OF; If he did this would not author
ze a passenger 70 peplgently expose himself 10 injury
by jumping from the while II was in motion That the
plantin voluntarily left the while II was In motion
without interference from the driver Is not so free from
doubt the evidence 70 warrant dismissal OF the
complaint on the part of the plaintiff But f he merely
rose mp preparatory TO leaving thus indicating to the
driver his determination leave the addition
the request he had already made, and thus
driver pulled OF his cap and twice struck
at him with whip, and in dodgng plaintiff fell and re-
ceived the injury, the would present very diff
ferent aspect Certain facts are undsputed. First the
pain passenger upon the top or the car second
the driver refused TO stop when requested; third plain
til left the while In motion, but whether plaintiff
left of his free will whether bis action pre-
cpated by the conduct of the driver not certain The
evidence shows the to have been running at slow
rate Of speed. II Is often quite safe TO step from
car in motion as II II were stationary depending upon
the rate Of speed at which IT is moving II is not any
particular Of speed by which the conduct OF pas
sengers Is TO be regulated in entering leaving
that governs but the rule is that OF exercising ordinary
and caution under the circumstances surrounding
them II could not therefore be said that the plaintiff
az matter Of law, was guilty OF negligence in leaving
the car white n moon nor from being the top OF
the car for he was called up there by the driver.
The Court mustttherefore sustain the exceptions taken
by the plaintiff and order trial.
The New York herald., 1867-02-12
COURT Of GENERAL SESSIONS.
BeforS Judge Russell.

The February term Of this court commenced ycster-
day Hs Honor the City Judge will preside during the
Recorders absence and Assistant District Attorney
huichings viii conduct the prosecution Of casea
an consequence Of Grand Jury being Ia session In
The Oyer and rerminer those gentlemen summoned to
serve N the General Sessions a. grand Jurors dis
charged VII next Monday. the 18th inst
-. ne cs,snaM v" called and number OF cases were
ALLEGED Roppnpy
ns, ne Only case red by the jury was an Indictment
Ia .snf Nns,es Dusenbcry with stealing gold watch
sno cnan diamond pir pair Of boots and about $40
~ money rom Horace G. Coolidge, on the I1th OF
January " appeared from the statement Of the com,
The New York herald., 1867-02-12
THE EXCISE LAW.

Meeting of the Board Of Excise Yesterday.
The Board Of Ex held special meeting yesterday
afternoon, there being quorum present for the first
time the Excise declared constitutional by
the Court Of Appeals
The Committee Applications, Of which Mr. Acton Is
chairman reported that the committee had passed
ably upon 44l applications for icensesfrom No. COS
7046 nclusve-received from persons who had been
allowed sell liquor during legal hours since the date
Of their applications the permit system Il was
ordered each applicant whose application had been
avoraDy passed by the committee be served with
the following notice.
sR-The Board of Excise Of the Metropolitan Police dir
rct Of the state 81 New fork has approved OF appc
poe OF Ss or 70 As ao Ss ale or ber n
AMI s, less than Aye ss0nss s time upon the scs
street. Saa'''' "' ''A' = '' ''' " ~ ~ 'D''s'''
II was also ordered that notices be served on those
persons against whom complaints had been registered
for violation Of their licenses or permits in which
Board should be specified. and calling upon the defend
to appear and show cause, il they can, why their
licenses should not be revoked
VIOLATIONS OF TIE law.
The following arrests made Sunday night for
violating the Excise law:-Gustave Booth, No vande
street; Emil Holander, No 253 Canal street. Patrick
ONeii, No. 4s Roosevelt street; Patrick Cunningham,
No IL James street; Carson Banker, No l4s Baxter
street; Matthew Tuy, No. 81 Mulberry street Jeremiah
Drscoll, No IS Oak street; William Van Zandt No. 1872
Centre street James Carr No 40 Prince street. Danei
Roosevelt street; Garritt Cropsey, No. 4s BoSery.
Justice hogan required the defendants TO give bail In
the sum Of 500 each TO answer before the Court OF
General Sessions.
Twenty six we're also brought before the mngis-
tae they having been arrested at the Jersey City ferry
Immediately leaving the boat for being intoxicated.
majority Of the tweny-sx who became nebrated in
New Jersey, fined $40 each, and in default Of pay
ment, committed 10 the T0mbe
jefferson Market Police Court, before Justice Led
WITH Valentine Mazzni, Of 414 Sixth avenue and Peter
Banuer Of 400 Broome street. arragned Tor selling
liquor on Sunday; and Rosanna McGee, Of 130 East
Twenty NTH street, araigned for selling without
license They were each held TO bail In $500 70 answer
Among the arraignments for violation Of the Excise
law yesterday the following were held TO answer at the
Essex Market Police Court by Justice Mansfield
August Hopt 11S Sixth street; Charles Goodwill, 193
Second street, Bernard Kapper 33l East fcoth street;
James Woods "a Wiet street.
Al the Fourth District Police Court, by Justice Kelly,
Dennis Dusay ses Third avenue Thomas kerrigan,
3Ql Broadway Some others were arraigned aso but
Justice Kelly, deeming the evidence Insufficient dis.
missed the complaints
The Law I'm Bre0klyn.
Heinrich Roster for keeping open house on Sunday,
in violation Of the Excise law he being the proprietor Of
\ ,ouor store was examined before Justice Cornwell
Yesterday afternoon aud fined $50 Horny Newhon, for
selling beer without license, .as fined similar amount
The New York herald., 1867-02-12
The Law In BrsOllyn.

Heinrich Roster, for keeping open house on sunday,
in violation Of the Excise law he being the proprietor Of
Iiouor store was examined before Justice Cornwell
Yesterday afternoon aud fined 800 Horny Newhon, for
selling beer without license, vas fned similar amount
Both parties paid their hne ana verc oiscnarged.
The New York herald., 1867-02-12

Of Cruelty TO Animals upon the subject there were
OF police 70 which u might be supposed was the
interest Of the company 70 attend they had posted up
rdiculousy ungrammatical notices the cabins which
really asked the people not 10 patronze the company
uaughter)--but which he supposed were intended 10
mean that pcdding begging. and playing o. musical
biton professional beggars and muscians-no Of very
high grade eitherconsantly infested tho boats wit
had sometimes been greatly when the boat
very crowded. 70 hear the obscene talk Of some OF
would snbdue all these things; there wa rule apout
keeping up the CHAINS until the boat was Close up 10 the
SLIP but Il was not enforced the nny condos o oo'h
the gentlemens and ladies' waiting rooms was notc-
rious and he thought ht object for the attention Of
the sanitary police the stencil was almost intecrahle
the condition of the bosss especially early IN ne morn.
OF The boats slips and erry houses noticed BY previous
witnesses he could entirely confirm.
Henry r. McManus, composor, testified to the ire
quent and lengthy delays night which naa % recen,y
said also that the waiting rooms swarmcd with vermin.
and he was afraid to sit down for fear OF being infested
with them. -
AZ South Eighth street. which they allowed 70 lie idle,
INT which, II used, would afford great relief 10 the
traffic morning and evening
the Company between the years 1855 and 1852, as
machinist; the machinery on the Oneoa and several
other boais was extremely bad; he bad run knife
through Of the boilers
sitv for ferry from Williamsburg TO point lower down
town: probably nine-tenhs OF the passengers 10 the
Roosevelt street slip engaged in business Al lower
NJ wall. one Of tho Directors cf the COMPANY then
made lengthy defence OF the Company he stated that
although the boats and general accommodations afforded
nv the Company not OF the best character they
were prcunafily unable 10 do more MI wall VIII com.
pIste his defence to-day.
The Committee then adjourned 10 meet at the same
plsss II ten O'Clock this norDuG
The New York herald., 1867-02-12

President OF the Board OF Heah OF wncn the Following
ID q copy
JACKSON s. SCHULTZ Esq President Metropolitan Board
s-we admonished this season of the year, fast
thorough protective measures against ep
degree Of viruence invade city ny common OF
1ens admitted thai the most preventive against
the odgmen and extension OF disease consists in cany
attention this foundation Of ali sanitary measures
certain However, place his so~
yss oe m % ns S cannot zoo Be brought
Nv position eonirseic 20 important IN that Ses
ample % saccs.sfay facilitate would wish, co%pe
TO address you 70 relation TO defects which the Lega
saeny compelled repent Whatever failures in
epnS o hc osr %
The nccessss % O. The city, As instances Of this would men
teenth Fourteenth and Seventeenth wards which
cleaned q y z. hree times week sT which By the con
health Of the city OF such change will produce this re.
Of The views there expressed 50 with ny
own that nov invoke your aid % enable me
such legislative nierposion as may
shall Be- invoked By he Of esS or r'S S9
myself Question the settlement Of which should not
that we may be able act together to the q
reform enable TO perform that labor
under legal sanction and TO the best interests Of the city
- '''' '''' '''' '''''1t JAMES isfssns l. WHITING
TO this letter have received reply II scarcely
possible that the opinions expressed in the above COM
muncaton a. TO the necessity more frequent clean
ing OF many OF the down town wards than 10 cnjoned
upon me BY the contract be otherwise than voraby
considered by your commissIon but perhaps in the
want OF power and In the absence Of sufficient eppro
s 70 pu. o ss %
20 material an Improvement in the condition OF the
streets a heldesires Further legislation upon this sub
ect may be necessary 10 accomplish 20 desirable an OBJ
have deferred 70 The las, my comments upon the
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-09-05
xSow THY DESTINY.


MADAME f. +. THORNTON, the great Eng
liSh Astrologist, Clairvoyant and Psychome-
triciAn, who has astonished the scientific
classes OF the Old World. has now located
herself at Hudson. N. Y. Madame Thorn
ton possesses such wonderful powers Of sec.
ond sight. as to enable her TO IInpart knowl-
edge Of the greatest Importance to the single
or married OF either sex While in state Of
tran oe, she delineatas the very features of the
person you are TO marry, and by the aid OF
an instrument of intense power, known as
the PsychOmotrope, guarantees to produce a
lle-like picture OF the future husband or
wife OF the applicant. together with date Of
marriage, position In life, leading traits OF
character, &c. This is no humbug, as thou.
sands of testimonials can assert. She will
send when desired certified certificate, or
written guarantee, that the picture is what
it purports to be. By enclosing a small lock
OF hair, and stating place OF birth. age. dispo-
sItion and complexion, and enclosing fifty
cents aud stamped envelope addressed to
yourselL you will receive the picture and de-
sired information by return mail. All COM
munications sacredIy confidential. Ad-
dress in confidence. MADAME F. F. THORN
TON, p. o. Box 22S, Hudson. n. Y.
mch23 cod ,triwSwly
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-09-05

Two Texas editors have got by the
ears with each other, on no less topic
of local interest than the "origin of
Man" 'The Bible theory, the Oar
winian or development theory, aud the
theory. of creation by Law, - twhatever
that isl have been overhauled in gal
liant style. Finally, the San Antonio
Express would like to know lyou know
"whose sentiments these origin. Of man
articles express"-whether those OF the
proprietor or the editor of the Galveston
paperY And the last broadside deliv-
cred is as follows: "The fact is, ever
since Flakes Bulletin discovered split
in the Republican party, that institu
ton has been cracked, and the editor
seems bent on getting up quarrel with
God" To this shot the aforesaid Flake,
"fearful that the San Antonio Express
will have an attack of the collie ON this
origin OF man, unless IL sex planned, y
accepts the responsibility OF the articles
in question, but yields the honor of
and reverend gentleman. ''late Inspec-
tor of Freedmeu's Schools, present
Sub assistant Commissioner for Gal
weston County, and Secretary of the
AduIlamites." After such n raking
fire of imposing titles, 1t is TO be sup
posed thai the pugnacious Express Will
neekly accept whatever theory of
mans origin the philosophic Bulletin
may advance, and without attempting
to swim in the deep waters of creative
theory, will content itself with pad
ding about in the minor topics Of re-
construction, stock-raising and yellow
fever in Texas. El q q u
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-09-05

= Young Lndy returning tn her country
home, after a soJOum of "a few months in the
City, was hardly recognized by her friends.
In place OF the coarse. rustic, flushed face. she
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smoothness, and instead OF twenty-three she
really appeared but eighteen. Upon inquiry
as TO the cause OF so great a change, she plain
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ing and beautifyl Ing the skin and complexion
By its direct action on the cuticle 1t draws
from 1t all It's Impurities, kindly healing the
same, and leaving the surface as Nature in
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beautiful. Price 81, sent by Mail or Express.
on receipt OF an order by
W. L. CLARK q CO., Chemists,
Nos West Fayetts ST., Syracuse, N. Y.
The only American Agents for the sale of the
same mch2S- cod, triw&wly
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-09-05
RO.ICE OBSERVATION-DISCLOSURES
PRE-CH Remedy

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PTice-SI, can be forwarded by mail by en-
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The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-09-05
TURNER'S TIC DOULOUREUX OR
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aug3I- eOd8m
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-09-05

Returns have now been received
hom all but eight counties In Virginia.
The Richmond Wing "aiter a careful
examination" is warranted in placing
the aggregate vote mt 100000. of which
number 10000 will bs whites and
30 COO blacks. Tie aggregate vote for
and against the secession ordinance in
1851 was IIG OO0. The Wig remarks:
There viii be difficulty. 1t will be
readily seen, in the apportiOnment OF
representation among the various coun-
lies, owing 10 the change brought about
by the enfrHnch isempnt OF freedmen.
For instance, anterior TO the war,
elizabeth City had only "A little over 800
voters; now il has i 400 negro and 800
white voters. Richmond City has now
?. pa coInTed and 5,O5S white Voters.
Tie same change is observable in the
returns of many other counties and
loans As consequence, while the
aggregate OF the State representation
VIII Teuiain the same, the npporhon-
InUnt AZ far as the counties, especially
those of Eastern Virginia, are con
cerued, will be materially altered.
A correspondent OF the Boston Jour
nal, writing from Norfolk, says:
have not seen the returns of the
registration throughout the State; but
IL Is understood that the figures are
such ms to lead to the conclusion that
the election, when held, will result In 4
majority OF twenty OF twenty five thou
sand in favor of reconstruction, and the
election OF Convention composed al
most wholly Of Radical Republicans,
OF whom necessary number Will be
blacks.
The most curious thing about the Re
publican party in Virginia is, that it
has 10 leader. II is powerful, well or
EnuiZed, harmonious, and will triumph
hut it is without any one man who
may be called its head. The two men
who Inspired to that dignity, John Nj
nor Bolts and Mr.. Huunicutt, came in
collision and succeeded only IN anni-
hilating each other-a result for which
The party is grateful. The most popu-
lar man in the organization, ana the
only one who could lead it, ifhe desired
10 do SO, is Governor Petrpoint. do
NOT think that the Republicans OF the
North have ever done null justice 10 the
merits OF this gentleman.
The election for the Convention Will
be held in October. 1t is believed that
the new Constitution win be submitted
by December, and the State fully re-
stored To the Union by the commence
ment OF the new yeas
JONI MoRRrssBYts "bank" closed the
seasons business nj Saratoga last week
with a loss of $4,000.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-09-05
From the BastuStOat Guy Republican.
Too Ga0d 10 he Iost

The following humorous letter from a
claim attorney in the western part of
Pennsylvania has been handed us by II
gentleman of this city, to whom it was
addressed, rs a very clever hill at the
scrupulous peculiaIity exHcted by the
Government Departments in the prepa-
ration of papers for obtaining bounties,
pensions, &c:
Brow NsvILLE, PA, Aug, II, ~.
Hos. y. L. SoMES-Dcar Sir: here
with forward you another Install
ment OF additional evidence" in
the case of -, which
you say has been called for by the De.
partment. Please let me know when
ever they want any more, as | have
several documents back yet, which
may be ofimportance-such, for exam
Pile as life insurance policy, couple of
chattel mortgages, college diploma,
three railroad passes, and a file of the
Brownsville Clipper. Any or all Of
these documents, or Certified copies"
thereof, will be forthcoming whenever
they may be deemed absolutely essen
IiaI TO "put the case through" don't
think of anything else just now.
Meantime / await Further develop
ments with patience aud resignation.
Yours truly, SETH II. HURD.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-09-05
WONDERFUL Bur TRUE.

MADAME REMINGTON, the world.re-
nowned AstroIogist and Somnambulistlc,
CIArIvoyant, while in clairvoyant
state, deiineates the very features Of
the person You are 10 marry, and
by the aid OF an Instrument Of Intense
power. known rs the PsychumotTope, guar
antees TO produce a perfect anu lIfe-like pic
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imposition, as testimonials without number
can assert. By stating place OF birth. age,
disposition, color of eyes Al hair, and en-
closing my cents and stamped envelope ad-
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ture by return mail, together with desired in
formation. ..-.-
H5-AddreSs in confidence, MADAME GER.
TRUDE REMINGTON. r. o. Box 81. West
Troy, n. Y. Inch25-eod, triw&wly
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-09-05
spffiaI alntitts.
CHoLERA 2STIDOTE-

AsPcedy. sure and certain cure for ChoIers,
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Ir Is PRESCRIBED BY PHYSICIANS.
A. :. Robertson, Eaton : station, W. va
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g 7. Bennett, Cincinnati Ohio'A II cu'e'
1T n ~ reco1nmended by ]. A. Meicaf. Iron
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SOLD BY ALL DRUGGISTs-
auR3I-IW
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-09-05

MARTYRS To CARELEssNESs.-If all
the teeth that have been ruined by
Deglect could be strung together, they
would reach thrice round the world.
There may have been some excuse for
this havoc In days gone by, when there
was no absolute safeguard against den
tai decay in existence, but there is no
apology for u now. FRAGRANT Sozo.
DON'T, the world renowned antiseptic
dentifrice as certainly protects the teeth
against decay, as oil prevents steel
from rusting, or water arrests the pro-
gress of lire. cod
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-09-05

N{TILL BE RECEIVED AT THE on
w nee OF the National Insurance CON-
psDy where drawings ndspecincations eau
be = en- until MONDAY, SEPT. STH, nj Two
O'Clock o. m. 10 furnish the matsria! and
build a stable and car house on Wheeling
Island for the Citizens Railway Company 4,
and fence the lots owned by The com "a
II Is intended that some poruOnot the "OIA
shall be done in two or tuTee weeks, 20 as 10
enable the Company to accommodate lHe
travel incident To the Fair. The worn TO be
com irlrteIi as soon hereafter as possible.
s..rfh q. IOHS BISHOP. SecEeLaIS.