davidaulloa/AmericanStories huggingface dataset:
The Portland daily press., 1869-02-01
Superior COur,.

JANUARY TERM-GoDDARD, j., PRESIDING.
SATURDAY.-The second jury was finally dis
missed.
The case of John Fitzsimmons appellant, which
has been standing on the docket OF the Supreme
Court since july 1867, and is one of the many liquor
cases transferred to the docket of this Court,
called up. The case has been returned from the full
Court the exceptions filed at the original trial having
been overruled. Motion was made by the counsel
for the defence In arrest OF Judgment the ground
that the Superior Court not constitutionaly
tablished This action intended to cover all the
cases of this class on the docket. The Judge over
ruled the motion and sentenced defendant to fine
OF $50 and three months imprisonment.
Horace B. Lowe, drinking house and tippling shop
Pleaded nolo contendere, and was fined 800 and
costs.
The first jury was then discharged for the residue
of the term.
Patrick Dehan, appellant three months in jail and
$40 and costs.
VIM. SWEET, appellant, same.
Wm A. Mitchell, three months in Jail and 800
and costs; alternate sixty days.
This term is the first in which any person convict
ed for violation of the liquor law in this county has
been distinctly sentenced to jail for such offence.
Mr.. Strout, counsel for defence in the case OF Geo.
f. Creach, Bezekiah Means and Ralph Farr, common
sellers, filed motion in arrest of Judgment. The
motion was overruled. Mr.. Strout then moved that
the verdict be set aside as against evidence and q
misapprehension by the jury of the instruction OF
| the Court
The County Attorney, with the approval OF the
Court, gave notice that at the beginning of the next
Criminal term the old continued appealed cases will
be taken up Immediately on the return of the Grand
Jury and before the Jail delivery and that these old
| appealed cases will be wiped out.
Court then adjourned without day.
This is the first term OF Criminal Court in this
county in which, from beginning to end, there was
no delay given or asked for by any counsel for the
purpose OF writing out the testimony. Witnesses
gave their testimony at their ordinary rate of speech
all Of which is preserved for possible use by the stem
| ographer. We have never known term of the
same length where so much business has been done
or done more satisfactorily.
| The following is summary OF the criminal bust
ness OF the Tried, 81 cases. verdics, 35; dis
agreements Q; guilty, 81; not guilty, s. sentences
43; death sentence, sent to State prison, H. ag
gregate 46a years; to jail 81 aggregate 1871 years-in
| all, go years; fined, 13-$12S0.
The Portland daily press., 1869-02-01
The Power of the Legislature TO Remit
the Deash Penalty i'm the Case of
Couvicts Under Sentence.

The will of the Legislature" says Chan
cellor Kent, speaking of the English Consti-
tuition" is the supreme law of the land and de-
mands perfect obedience' This remark ap-
plies to the legislative branches of our State
governments except so far as they may be re-
stricted by constitutional provisions ;,
The ONLY retroactive laws which iaii
within constitutional prohibitions arc {"
nost f,eto laws and laws impairing the obliga-
tion of contracts The prohibition respecting
oontroots hos rotb;ng to do with the present
case law RENTING the death penalty in
the case of convicts under sentence is not an
er post 6acto law. sit was held" says Chancel-
Tor Ken, citing. the case of Calder vs Bull,
8 Dallas 1856, "that the words eg post facto
laws were technical expressions and meant ev-
cry law that made an act done before the pass
ing of the law and which was innocent when
done, criminal; or which aggravated crime
and made it greater than it was when commit
ted; which changed the punishment and in
aicted greater punishment than the law an
nexed to the crime when committed; or which
altered the legal rules of evidence and receiv-
ed less or different testimony than the law re-
quired at the time Of the commission OF the
offensa, in order to convict the offender. -
Judge Chase in the same case remarks:-
"There are cases in which laws may justly,
and for the benefit Of the community
and also of individuals, relate to a time ante
csdent to their commencement; as statutes
Of Oblivion or Of pardon. They are certainly
retrospective, and literally both concerning
and after the facts committed. But I do not
consider any law &c post facto within the prohibit
ton, that auNities the rgor of the criminal laso;
but only those that create, or aggravate, the
crime, or increase the punishment, or change
the rules of evidence, for the purpose of con-
viction." Judge Chase also cited such emf
nent authorities as Blackstone and his success
or, Mr.. Wooddeson, as well as the author of
the Federaist This decision of the Supreme
Court OF the United States is we believe
standard authority. There is always reserved
to the supreme power of State a right to in
vestigate or remit penalty which it has a
right to inflict, and if legislation is necessary
to effect the object, it is within the province of
the legislature to pass law for this purpose.
Gentlemen, you who hold that the Legisla-
ture cannot save Harris's life, defend your po-
sition, if you can. Don't stand back and
throw interiections at people from dark COR
ners, but come out into the daylight and light
this battle! -' JAY
The Portland daily press., 1869-02-01

THE ACME OF ScoUNDRELIsM-A CORES
pendent wishes US to print the following COM
munication Showing the fraud and humbug
there is in these id New York lotteries
He is almost excusable for the expletiye, as
will be seen from the letter we append:
No 4s, Main St., Thursday P. M.
My Dear Sir:-The Ticket 1 sent you has
drawn prize of $780, Now have plan by
which you can obtain this money, and if you
will agree to give me one half OF it | will as
sist you. To make it appear to the Managers
that you paid for this ticket before the draw
ing, you must Immediately write me letter
dated yesterday and enclose $40 bill which
you will say is to pay for the ticket. Mail this
letter and money in the enclosed envelope
which is addressed to P. o. a few miles dis
tant where l formerly had an Office. l shall
get the letter and send it unopened to the
Managers with note stating that "T1is letter
being INSTRUCTED had but Just arrived. =
They do not know that your ticket drew a
prize and will take the ten dollars and send
you a receipt. Do not register your letter
as that would show the date. l can alter the
postmark, dating it yesterday. Write to me
here at the same time you send the letter and
money and L will advise you how to proceed
when you get the Managers receipt.
Truly yours, ELISHA A. SAUNDERS.
P. S. Consider this letter strictly confidential.
Are there any so gross fools left as to be
caught with such bait as that?
The Portland daily press., 1869-02-01

LEGISLATIVE STATIsTIcs-From the Leeis.
lative Register, published by Masters Heath
u Robinson, pages in the Senate and House
we learn that there are in the former branch
Ii merchants, 6lawyers, 8 farmers, 2 manufac.
turers, lumbermen;1 editor, engaged in
commerce, l shipbulder, and physician.
Average age of Senators 46 We ars; height 5 feet
9 inches; weight 40 pounds.
In the House there are 81 farmers, 26 mer.
chants, II lawyers, II manufactured, 8 lum-
bermen, physicians, shipbuiIders, 2 stu
dents, 2 master mariners, 2 tanners, 2 shoe.
makers, clergymen, 2 brickmakers. 2 me-
chanics, l shipmaster, Il blacksmith, cashier.
book keeper, hotel keeper, mason, ma
chinist, surveyor, teacher, 1 harness-maker,
editor, sail maker, engaged in general
out door business and "yeoman." Average
age of Representatives AZ years; weight 1859
pounds; height feet "a inches.
Mr. Gilbert OF Bath seems to have refused to
give his ag9, weight and height, for we find
the first two items blank, and the last put
down Several feet" So one may find some-
thing smusing even in directory.
The Portland daily press., 1869-02-01

A SUCCESSFUL SCoUNDREL-It is said that
jessie L. Floyd, the great unhung, is settled
over Congregational Church in the State of
New York. Ii he has succeeded in dipping
any church, it must be a Presbyterian, for Con-
gregational Churches are not plenty in that
State-Mdchias Republican.
The case of Floyd is most remarkable one.
He is a tall, good looking man of rather pleas
ing address, who some years ago ran away from
the village of Columbia Falls, Washington
County, where he was practicing law. An in
dictment for adultery was the occasion of his
sudden departure. About thu year 1868 or
1864 he returned and resumed practice, and as
some time had elapsed the Indictment was not
prosecuted. Finally, he went into the war
claim business and perpetrated series of the
most atrocious swindles on a number of female
pensioners that have ever occurred in the GRIM
inal annals of the State. He was convicted
before the United States Court in this CITY on
several indictments for forgery and other
crimes. After remaining in prison for some
time, he was pardoned ON account of i'll health,
and allowed to go free. He is one of the most
unprincipled and dangerous scoundrels that the
State was ever cursed with, and it is unfortu-
nate that he is left to prey upon other COM
munities,
The Portland daily press., 1869-02-01

Cid 2sth brig Oriolan. Leeman, for Havana; scbs
FL Gibson, Bartlett and Maggie j Chadwick, Gage,
Boston; Pinta, Smith, 10; Ntl'ie Burgess, Nc
Keen, Wareham. Maggie Bell, Gikey, New York.
PHlLADELPHIA-Ar 2eth, sch Amelia, Post,
Newburyport.
CID 2sth, sch Mary d Ireland, Adams. Portland.
ARP tn, sch Julia L Carnage Lurvey, New YORK.
Sli tim delaware Breakwater 2Cth, sch Marcus
Hunter, from Philadelphia TOR Sagua.
NEW YORk-Ar 3Oh. harque Henry LORD,
Pinkham, Maanzas Jan IS Witch, Hopkins. Bos-
ION; brig Paragon. Shute riZai ethport Tor Boston,
schs vi q, Montgomery, ,vanuah; Arthur Burton'
rTohOck, Cardenas DAYS.
Cid 29th, barque } Hobrook. Leavitt Cardenasi
eT,gs Ante ope, Rumball, Marselles Nellie Antrim,
inahace Barbados; schs White Swan. ons. hel-
ttEuw Watson, Will, Savanila W MaIstous
- MatanZas; Keuduskeag. W att, Charles
'0N wv y bS9yn on, MITCHELL Portsmouth
~ " W nAN EN-Ar 18th. sch RingdOye Wooster,
Ne Nr t uVrk % load for Galveston.
49, -, " Ar 2eth, sch Nellie, Anderson, Prov
In port 2yth brig Macbias p,r. nt,,Li,s for
New York sehs July Fourth CoEE ri, r = rene
then Iiteomb, and Mail, Merritt, Ezabethport Tor
New York. -
HOLMES HOLE AR trI scb co,,ootor Whit
more, RocSland or New YORK ''''''' w.
sid eTth sch Nellie Bowers
All Goth, sch Montezuma Lowe, Roeklapd for New
York
BOsToN-Ar 29th, ship Albert, Meyer. from Leg
horn.
cid 2sth barque Monitor. Eaton, Tor New Orleans;
brig Clreassian, B1nker, Trinidad sch Hodsdon,
McL.n PORTLAND; Nellie Bell, Pitched, Winning
ton Ne.
Cid sOth, brig Annie EIdridge, Clifford Hayti sch
J Fish, Harris, Pomonkey River, Va, TO load Tor
ThOmaSton.
The Portland daily press., 1869-02-01
COM "A K RI.EAL.
RECEIPTS BY RAILROADS AND STEAMERS, JAN. 80


GRAND TRUNK RAILwAY-255 bbls. flour, 81 do
beans, 242 cans milk, shoo 8, 45 rolls leather
3S eask starch, 10 cars LUMBER. IS sacks WOOL
corn, 20 bbs shoe peps, cars board 104 pkgs sun
dries; TOR shipment East flour, 800 bbls. d.
car p TX, do bacon, tons sundries, "a bales tow,
lOO bbis split peas, car oats, ~ bales tow
MAINE CENTRAL RAILRoAD-20 bales wool, 4
bags do. cars potatoes. bbls do 40 bales excel
sior, bbls beans 1888 sides leather, 10 bs. do Is
bales flannel 2S9 pkgs. sundries.
PORTLAND 81 ROCHESTER RAILROADS.&C. sugar
boxes 2S25 pairs heads, cars shocks, bbls cases
clothing, sundry pkgs
PORTLAND IL KENNEBEo RAILRoAD-252 bdls
paper, cases wooens, 81 bags waste, SO DOORS Is
pkgs snshes. ex tabl s, tubs butter car shocks
o2 pigs sundries, % cars for Boston.
STEAMER MONTREAL. FROM BosToN-2O kegs
uas 81 bdls pals, IS empty oil bbs, % kegs soda
IL sheets copper, 30 bbs sugar, sheets plate IRON
casks soda ASH 1l2 dead hogs 40 bars and bds iron
stoves, IL bds leather sleigh, 40 bbs. pork 10 do
vinegar, 30 casks nails ID pieces marble, Is pkgs.
mdse. to order; for Canada and up country, 81 coils
cordage, DO bales MANILA 81 U.s. nail rods 100 bbs
-four, 70 bdls leather AZ bds and bars iron IA bales
cotton TOR Westbrook Man. Co., 100 pkgs to order.
STEAMER CHESAPEAKE FROM NEW YORK-2S
hhds moiasses 219 bales COTTON 225 half chests tea
120 green sailed hides 80 rolls leather 81 bales rags
"a casks bleaching powders, 40 bbs currans 25 cases
candles 400 boxes rasns IS bags clover seed 90 do
peanuts, 10 do Almonds hhd ~ terces IA bbs glass
ware, n casks prunes crates 3casks earthern ware
30 bds paper bbls. oranges So bdls wire 80 boxes
soda, 80 starch, 200 pkgs. sundries
The Portland daily press., 1869-02-01

LIFE IN NEvADA.-The following conversa-
ton occurred at a Nevada breakfast table il
Illustrating in an unpleasantly vivid manner the
state Of society in the country: '
Guess the Governor consid 'rable skeert."
you bet he's mad" -.-
81 My sitting down to breakfast at the same
small table seemed to end the talk but / had
not been out West for nothing, SO explaining
that / was only four hours in Virginia city,
Imputed what had occurred to fill the Gov
ernor of Nevada with veXation and alarm
I'D Won tell, now! only four hours in this
great young city. Wall, guess it's bully
business. You see, some time back the Gov
ernor pardoned road agent after the citizens
had voted him rope. Yes sir But that
amt ALL Yesterday, cuss me if he didn't re-
fuse to pardon one of the boys who had lest
shot another in play like. Guess he thinks
hisself some punkins."
5d duly expressed my horror and my inform
ant went on; a-
wall, guess the citizens paid him off purity
slick. They jess sent him short, thick bit Of
rope, with a label, For his Excellencyp You
bet eff he amt mad-you bet. Pass us those
mister"
The Portland daily press., 1869-02-01
THE PRESENT,

THE PRESENT,
being the commencement
of the middle of the coal consuming sea-
son, renders it particularly applicable for the
undersigned to inform the public that his
STOCK OF COAL, although greatly depict
ed, is yet sufficiently extended both in quantity
and kind to meet the requirements of a very
large trade, THE PEOPLE, lever anxious in
getting the largest amount for the least money!
will realize the advantages gained in procuring
their supplies from the undersigned, as the
scale of prices are fixed AT THE LOWEST,
VERY LOWEST MARKET RATES Weld
ing popular profits and precluding the POSSIBLE
ity of an objection or word of fault. AS re-
CARDS the quality of the coal it can be simply
stated that the glowing accounts received from
day to day, attesting the satisfaction accruing
from its consumption, the manifested desire to
repurchase, thus creating demand mutually
gratifying, and apparently justifying the state
ment that a BETTER STOCK OF COAL
HAS NOT AS YET BEEN OFFERED TO
THE CITIZENS OF PORTLAND.
ja9tf JOS. POOR.
The Portland daily press., 1869-02-01
The Tragedy in midtown, Me.-Murder
- md Suscide l,f 4 Lrnafic.

ana Suscide OF LEuaftc-
IhcS Croix Courier gi7es full particulars
Of the terrible tragedy which occurred at the
village of Milltown in the city of Calais on the
18th ult. 1t says:
1t appears that some two years since Stephen
Inness, the principal actor in this scece OF
blood, became deraDged, the point on which his
madness was most apparent being an idea tha az
his sister, Adelaide, should live with MIN az
her life He seems to have wished that noun,
ing should separate them and at times t me oa.
so violent in urging this point tnat JUG Pooi
young lady was forced to appear W ~
all sorts OF proposals. from hlm, Ineit
vo,,no aantleman of Midtown, and this state
- s5f5,i1s becoming known to, or suspected bv
The brotber he was so exasperated that his
family. fearing danger at his hands, and acting
mon the advice of DR.. Black, had him sent to
the Lunatic Asylum in st. John. The super.
intendent OF the Asylum seems to have con-
sidered TINS action, on the part of the family,
unnecessary and, after some correspondence
with them discharged his patient who vent to
port. lie wrote while there, little more
s enan week ago, to his family and sister, in
forming them that he was going away from
them and would trouble them no more, and
this was the last they knew or heard of him
until he appeared, on Monday afternoon, at the
residence of his mother and sister.
The two ladies were alone in the house at the
ohU thO Slll icib sitlibs ioohi
in which she and her mother were, and went
into the kitchen where she met hire brother
who, in his stocking feet and armed with an
ak, attacked her. She ran back to the sitting
room, followed by the mailman, and received
the first fatal blow upon the left side OF the
head, into which the weapon entered to the
handle. She fell forward upon the stove when
another blow descended crashing through the
skull and brain, and yet third into the
shoulder almost severing the joint. Leaving
her there, qulvering as death EMBODIED her in
its untimely embrace, the suicides work COM
menced Having broken the ak handle by the
last blow, he drew sheath knife and stabbed
himself twice in the heart, once in the bowels
and then in the head until he fell npon the
kitchen floor. The poor mother escaped and
gave the alarm which soon brought many to
the scene. Life fingered yet in both bodies,
but soon the stiffness of death came, and with
It gloom which viii not soon be dispeled
from that formerly happy and joyous home
There are many friends who mourn and SYM
pathIze with the family and who feel the loss
their social circle has sustained by the awful
death of Miss Inness, who was one of the most
PROMISING young ladies of Midtown.
The Portland daily press., 1869-02-01

THE WASHINGTON CHURCH CONTROVERSY
The Independent rejoices in the triumph
of Gen. Howard and his associates before the
Church Council summoned to Washington by
DR.. Boynton of the Congregational Church
in that city. The aristocratic clergyman, who
had undertaken to exclude colored men from
his pews, was condemned by body convened
in his own behalf The Independent says:
The church has an indefeasible right as a
congregational body to retain its pastor, if he
chooses in such circumstances to remain, not
outstanding the opposition of never so strong
minority The late minority had tower of
strength in Gen. Howard, in whose simplicity.
clearness, and tirmness of Christian judgment
the people will not soon lose faith If the
church viii correct its errors of management.
and especially il it shall clearly set itself right
before the public on the question of caste, we
trust that there may yet be that peace and
brotherly love which properly characterize
Christian society. Ii such shall be the atti-
tudee OF the church, then let the dead past be
buried -- ~
The Portland daily press., 1869-02-01

THE ST. LOUIS FAMILY FLOUR co.
Family Flour. We have tried this flour and
find it of most excellent quality. This Com
pany are determined to keep the different
grades and to sell at retail for wholesale prices,
thereby giving the purchaser an advantage
ments We can assure our readers that this
flour is exactly what it is represented to be-
penny saved is worth quite as much as a
penney earned, and here is a chance to fully
realize the truth of that ancient maxim.
j21 sniff
The Portland daily press., 1869-02-01
ssgacity.

To the Editor of the Press:
The instance of sagacity in the horse owned
by DR.. Gilman of this city, mentioned in your
paper of Friday morning, was altogether too
remarkable not to have an accurate version of
it, aud 1 accordingly send you for insertion the
following exact account.
While cleaning the horse in the morning,
Winn, the ostler, noticed that one shoe was
partly off, He led the horse into the stable,
lifted up the foot and pulled off the shoe. He
then put the halter round her neck and told
her to 60 to the blacksmith's; the horse at once
left the stable, went down Green street,
through Cumberland to Preble street, and up
Preble to Pettengill's shop, walked into the
shop, stood patiently waiting till they could
shoe her, and then came back to the stable
through the same streets, was harnessed and
commenced her usual days work. d.
The Portland daily press., 1869-02-01

The MAINE JOURNAL OF EDUcATIoN.-The
February number of this excellent monthly
is edited by Mr.. G. B. Stetson, of Lewiston,
gentleman whose knowledge of educational
topic is second in extent and accuracy to that
of no other individual in Maine. The articles
by the editor on the Number of Glasses and
Text Books required in Arithmetic" and on
"M.neralogy in our common School" are care
fully prepared and very interesting. Mr.. A
p. Stone of the Portland High School contrib.
utes thoughtful article on Primary Schools
while as resident editor of the Journal he pre-.
sents several pages of entertaining educational
miscellany. DR.. True, Mr.. Rounds and other
prominent Maine educators occupy the re-
naming space to good purpose. The Journal
deserves to be sustained. Published by
Brown Thurston, Ill Exchange street, Port
land, at 81 so year.
The Portland daily press., 1869-02-01
DIR. Tobias Venetian Horse Lini-
mont

Pint bottles at 81 for the oflameness scratch
es. wind gals sprans, bruises spints, cuts, collie
slipping stife, over heating, throat, nail in the
loot, &c. 1t is warranted cheaper and better than
any other article offered to the public. Thous-
ands OF animals have been cured of the collie and
over heating by the Eminent; and hundreds that
were erippledand lame have been restored TO their
iolmer vigor. 1t is used by the first horsemen
throughout the States. Orders are constantly re-
ceved from the racing stables OF England tor fresh
supplies OF this Invaluable article over 500 ties,
monials have been received. kemem err, one dol
lar laid out IN time may save the lite of your horse
Sold by all Druggists and Storekeel ers through
out the United States. Depot 10 Park Place, N Y ,
Dec 2s-eo d&oowimsN ja15t3f
The Portland daily press., 1869-02-01

PERSONAL---VERY.. E. R. Keys of this city
writes to the Kennebec journal that his re-
marks at the late State Temperance Conven-
ton were not correctly reported, and that he
is not in favor of a state police law.
Rev. A. x. P. Small of this city lectured in
Augusta. Friday evening. taking for his sub
ject the words sit might have been" from
Winters Maud Muller.
The Portland daily press., 1869-02-01
CristadorO's Hair Preservative
NEUTRALITY-SUSPICIOUS.
Or THE
Choice Fruits and SDices :

THEIR STRICT PURITY, DELICIOUS FLAyoRs
0NRIvALED STRENGTH AND GREAT ECONOMY,
are attracting trade from lovers of CHOICE FLAW
oRs which is without parallel.
Iheir great success is because they are the true
rich Fayors ofthe fruits and spices Of remarkable
strength.
Ex-Goy. JAMES Y. SMITH, OF Providence. R. T.,
says: my W fe pronounces them superior to any
havor1ng extracts she has ever used
Ex-aoV. VIM. A. BUCKINGHAM, of Connecticut,
says: " For a long time we have nsed them, and
find them very fine,"
Or. e. HOLLAND, (Timothy Titcomh) author of
Katrina, &c, the we'll known author OF Spring
heli, Mass, says: "They are the standard in this
vicinity " '-''
Dealers treble their sales with them,
Sold IN Portland, Me-, by
SAML. Oh ADWgCK. % Market sauare,
And by all dealers in choice favors se25 6m1awSsp
The Portland daily press., 1869-02-01

VEsPER SERvIcE.-The Vesper service at
the First Parish Church was omitted las eve
ming. At the close of the morning service
Judge Fox stated that as Rev. Mr.. Bailey was
still suffering from the effects of an illness
(the result of an attack of the prevailing cpl
demic) he would motion that there should be
no service. The motion was seconded and car
ried by the congregation.
The Portland daily press., 1869-02-01

FIRE.-The school house on what is known
as Turner's Island, the other side of Vaughan's
Bridge, caught fire yesterday morning and
was totally destroyed. The Young Mems
Christian Association had been using it for
festival, and had decorated it with evergreens
so that there was good store of fuel for the de-
vouring element. Luckily the children got
out uninjured, and the school library was saw