davidaulloa/AmericanStories huggingface dataset:
Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-08-19

Here is Delaware conundrum: esWhat
Is the difference between Ohio and Della
ware ? just this: Ohio has but one Lick
ing county, whilo Delaware has three -
Pun on tho word whipping post, dom you
see
Little Rock, Arkansas, estimates its po-
pulaticn at Ii, 900.
A machine at Rutland, VT, can cut L.
100000 slate pencils day.
Tho Cambria t(Penn.) Iron Company
have Besscmer steel rail works nearly COM
pleted, with proposed capacity of 90 600
tons.
| Temperance ia foprishlpg in Richmond.
Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-08-19

A young fellow of 101, from the back
woods, is in Pittsburg seeing the sights
and going to the theatres.
Austria is recalling her officers Rbsent on
tours in this country.
California thinks Europe's war extremi-
ty her opportunity in the wine business.
Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-08-19

The Glorious OccasiOn-VVtlmiESto One
seeno az IGeJo1c1na-IO, GOO Participants
HFagm'hcent Procession-IIOuses IilumS-
Ianted-Speeches from Candidates
and Ofhers-vv adlelI, E1cClamrr. ,. Ashe.
tEeyor, Fenne1, CO@ao, TzcsNoy. E'iis,
Durham, Toy, Siurphy. Engelherd and
Hall.
Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-08-19

At the residence OF Mr.. Farauhsrd Smith. in
Harnett County. N. O.. by Rev. ID. ID. McBryde,
Rev. LEONIOAS f. SILEFs, OF Cherokee County,
to Miss SUSAN SMITH.
Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-08-19
FEMALE INSTITUTE,
CHARI OTTE. n c.


fEYHE 13rI ANNUAL SESSION OF THIS IN
sEitUtiOn commences the 30th OF September,
sad continues until 30th juno. 1871.
An accomplished cOrpe OF Teachers has boon
employed III ell branches neUally taught IN first
c.4ss Female Seminaries.
For circular aud catalogue containing full par
tI,Isra to tarnus, &C.. address
I!2y. -. BURWETII q, EGN,
Charlotte, n. G.
REFERENCIls
u. w. Williams, ESQ, Wilmington, N. Z.
DOl. John y. Taylor.
itoT. Mr. SprEnt. Durhn county, +. C.
pr. Horny FGison, 80
Dol. VIM. f. Hill,
A. i. Williams, Esq.
ialy % 4-IEI
TASHENgsToN COLLEGE, VIRGINIA.
1sGa. r. T.. K.E;zG ............ President
ga Z noxt seseion will begin Sept. 18th and
cad Juno 2zd.
i.zrensas s@2T to 1915 For particulars apply
1, t!sa CLERK OF FACILITY,
Lexington, Va.
IuIy 21l SLOW
Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-08-19

., americans are returning from Europe in
The greatest haste. and state.rooms are en-
gagged six and eight weeks ahead.
Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-08-19

RATES CV ADVERTISING

square, of 10 lines or less, FOR each and eTes,
insertion, 81.
Special Notices will be charged $500 per square
fHreachGnd every insertion.
AL Obituaries and private publications of every
character, are charged as advertisements.
SENo advertisement rejecting upon privste
character, can, undor ANY CIRCUMSTANCES, te
admitted.
Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-08-19

COL. MCKoY
started with the proposition that the pail Of des-
pot enshad nearly settled upon the land-that
thei dark mantle had 90 Cbscured the light of lib
erty, that not ray of sunshine could DO seen
through any op3ning of tho cloud. TtrSs called
Tor the determined efforts OF manly resistance,
and Wa&e1 every energy OF the poor down srod-
The New York herald., 1870-01-19
COURT uf GENERAL SESSIONS.

CoDciusisn OF tho Trial Of Ellen Utf for the
Alleged Murder or Thomas w. Barrett-In-
tercsting Charge Of Judge Bedrord-vcrdfct
Of Guilty of NInnslnuGhtcr in tho Third
Degree.
Before Cunning 8 Bedford. Jr., City Judge.
The trial OF Ellen Rebecca Utt, charged with tho
homicide OF Thomas II. Barrett on the ilth OF Sep.
tember, was resumed yesterday.
The prosecution having rested at the adjournmenr
on Monday the 1rst witness called for tue defence
was Fanny Notion, the sister OF the accused, who
gave her verat0n or the affair. She stated that on
thu way back from the funeral OF the father OF the
Barrctts, and when they srri ved nc tho apart
ments OF her sister In West Broadway,
the brothers and sister had been drinking
very much, and when she left tho room
they were very drunk; they were carousng and
singing Daddy Walgern and she was disturbed
30 their conduct that she went homo before the DIM
Guilty, Which resulted IN the stabbing, occurred.
Ellen Reoocca Crs thc prs0ner) then took the
STAND, ana gave detailed account Of tie transac-
ton. she sad that on tne Saturday preceding the
funeral Tom Eairsot had Difficulty with his sister
III reerehce TO some money for clotes that ms
sister told her about Lis going to a coored bad
ncrse Un tnat evening"; that she tine prisoner wclS
to the wake on saturday night and TeIuIned home
10 tie morning, atd iateF 10 the day astelued tha
The New York herald., 1870-01-19
HROOxLYs CoURTs.
sypa nE eeuar-cacuy.

Nou-CorDiiance Of Oontracc-yerd,ct for
tho P!niaiiG.
BEFORE Judge Pratt
Wttstdn H. Thomas vs. Gustdp,ls R1citer. Plain
tifr sought to recover The sum OF $1,000 damages
alleged 10 have bsen sas.aincd by him the fol-
loving cirouustances:--On the 1st OF August, 1858,
the defendant who was engaged in the real estate
busness at No. 6S Futon street, represented 70 him
that NC was desrous OF commencing business IN
New York, and ~ ne was dong large business In
Fulton street. his iacome during phe lasr year hav-
tnR amounted to SaOOO he was desirous OF o,s
DOSING OF the good Will and fixtures OF the 0fce for
S4Vp. An agreement was entered into betwe
them, tlte patntir paying $40 cash and giving
MA nOes ~ three and six. months for the
paance- Defendant was to remain at the once
during portion OF each day for two months
IJr the puIInse 0f introducing his customers, tO
contlnued ~ defendant who also conllnucd doing
business III Brooklyn. He. therefore, brought this
suit 20 recover the sum OF 1900 damages. Delend-
AM aHegod that he attended at sbe store, agreed
upun ana mat az the time Ile disposed OF the bu
ness at 5S Fulton street he had another Office
cunstance was not menLioned In the agreement
u nad resulted rom oversight and nog design.
Pan TN had not ony neg eced 10 take up his notes.
Du6 had lett the rent OF the Futon street ONCE TO he
pald oy the de cnoant. Ia 10 particular nad PLAIN.
TIL kept the terms Uf the agreemenE M tde between
Them. ana ne, therefore, asked that the complaint
might be dismissed G
The Court charged that the jury should find which
party nrst broke the agrespenG and that verdict
should DO renCerad against the party 80 offending
The jury found verdict for the plaintiu AMI
assessed Ik3 damages at $3.50.
The New York herald., 1870-01-19
CUSTOM HOUSE CARRIAGE.

How the Custom iaonsc Carriage Ia This Col
lectien District Has Been Conducted and
Collections Made HcretOiorc-I.s Abuse
How tIie New Rule will Work.
Upon the arrival OF imported goods certain per
centage Of the whole invoice is sent TO the public
store for appraisement. The ge upon this Is
paa by the government, without any reimburse
ment from any source The average cost to the gov
ernent for each package carted heretofore has
fifty-three cents and fracron. Under tile new rule
1t VIII be but fraction thlrty-six cents thus
saving to the government about thirty per cent.
The remainder Of the invoices are sent under
general orders or TO bonded warehouses; unless
otherwise permitted by the Collector. The carriage
charges on these goods follow the goods ana are col.
lec.ed by the warehouse men. The average cost OF
this latter oartage as per city regulations has been
seveniy-nve cents per cartfbad OF 1000 POUNDS.
Cnocr the new rule 1t VIII not exceed fifty cents
per load OF LOO pounds, tnus saving 70 the ner.
chant aud importer aC least thirty three per cent
IL Will De seen by the above that the government
and merchant are saved . large percentage upon
carriage alone. *
BY this new rule another EVIL will be obviated
which VIII save the government thousands Of dollars
annually, vz:-It Las been the practice heretofore
Tor the Inspector IN charge Of the dutable good 20
be carted 10 collect the tickets or receipts for the
goods delivered to the cartman before making MS
returns to che Custom House, which IN many
instances requires several days. time. 1t Is
safe TO say that on an average there arc
reporting for other duty occasiOned by these de-
lays. The pay OF an inspector is four dollars day,
consequently, with this difcnlty obviated the GOV.
crnment will save at least forty dollars each day,
which In the aggregate Ii $12,00 year.
These two Items alone, together wItn the fact that
the new syslem Will ensure safety and more speedy
delivery of imports to warehouses ana merchants,
are deemed sutncient to warrant the change con-
tempased. 4 4
The New York herald., 1870-01-19
SUPERIOR coulT-cAAMszaS.
Punishmout rsU0ntcmpt-Imp0rtaut Opinion
Of Judxe Alc(yunu.

Punishmout Uontcmpt-Imp0rtaus Opinion
Of Judge AcCann.
John j. A0rTOtc us. James W. Waiker.--This
was motion TO punish for contempt andJudge
McCnnn, In rendering MIS- decslon holds as toll
l0ws:--
Where party wflrully otsooeys the ORDER Of q
JuoKe the Code dcc.ares that such judge has the
Code) La tnls case The referee has found that
defendant wlfuiy dls0bcyed the order OF tls courG
ne nilst tlierefore Ue punished. Inc Revised
Statutes declare that where party mas Deea
injury has been sustained Dy any party
by such misconduct Ine shall be imposed
sumcient ~ ndennlIy such party and 10 satisfy his
costs ana expenses. The alhaasits herein snow
that just on the eve OF the plantns recovering the
Juuslnent against the deIendans IA this ACTION, he
,Lelendant sold Ior $4,000 all hls real estate. Now
lie swears that he has no property wnaIever and ne
docs not even attempt 10 Show what he Has done
WAN the money; nor does.he make any ex planaLlon
about the TRANSACTION. Under these circumstances,
the powerful presumption Is that such conveyance
was ~ AVOID responding ~ p.antiils CLAIM. This
Oi Itself was loss and injury produced to tue
palnt,li. Tne court cannot regard the excuse puG
COUNSEL unless the name OF the counsel ana the ad
vice the information upon wnicn sucn advice
gwen are stated fully ~ that the G. urt may Judge
whether II was honest ADVICE or not, whether It
WAS given 10 enable hlm 10 AVOID the Oruer Vi the
court 1t seems from the evidence tnarthe defend
ant is roiiccmal-an oliiccr OF the law--and
SHOULD as q matter OF course, respond promptly 70
ali its oruers. Instead, however Oh this, he seems
to have presumed, from the TACT Lnat ne was u p0-
lceman, that he had right TO trample upon the
mandates Of our courts Now, this defendant, and
all others acting in Simiiar manner, must he
gently but firmly led to understand that they must
render implicit obedience edicts Of our LriDu-
nsis. Tne order 0f this court therefore Ii that
Walker, the defendant, be Committed 10 the cou-
mon jail 0i the county nutil lac pays tue full amount
OF tins Judgment interest ana Gusts, together with
counsel lee Of $3.50, aud on payment oil such to be
discharged theletrOAl.
The New York herald., 1870-01-19
United STATES cuMnIss uxsRy COUNT.
The Hoffman DistiiIery Case.
Before Commissioner Shields.

Before Commissioner Shields.
2ae United States Us. Holman ana Otlers.--As
previously mentioned, the defendants are charged
with carrying on the business OF distlers without
paying the tax required by law. The hearing OF the
case was resumed yesterday.
Isaac SchwatZer testlled that he was a pedler. In
the months OF November and December 1868, he
was employed IN the dtstllng, and on one occasion
saw the cistern opened at night; Adolph Leceroorr
opened tho door and entered accompanied by u
man named Narticr, who carried q hose which was
attachcd 10 puiup; the house went through Gel
hr into anotner house, the aperture being through
ehe wall, saw the WniSkey coming out Of the hose:
Dut the hose shortly afterwards took fire. and
Toppler, belDg somewhat burned, called on witness
70 rave him.
In crosscxamination the witness stated that there
was hose on the premises for pumping water.
Morltz sch esnger stated that he worked In the
eompounding room for David and Philip Llederdorf
and Holman; Was IN the distlery nearly every day
one END OF pump and run Though the wal into COIN
pounding house; was ordered by Iledcrdorf to make
hole through the wall; the pumping went on every
night; was present At the time OF the lire
Samuel l.. Stanley testified that he purchased
about 1000 gallons Of liquor OF Mr. Hoffman inOcto
Der, 1853. tnEt .rt
The further nearing OF the case was then adjourned
> Alleged Forgery and Embezzlement.
The United States rs. Lem, Copeland d VeiU-
man. This case, In which the defendants are
Fourth National Bank. was, on motion OF Assistant
District Attorney Jackson, postponed until to-day
The fraudulent PRESERVATION Gf Custom House
OGlcers.
The United States rs. Later, Kaslsne4 d Lalcr-.
Jhs case, the particulars of which have been fire.
quent,y reported, came mp agail yesterday. Com
sioner Shields stated that lnasmuch as Assistant
District Attorney JACKSON the prosecuting COUNCIL,
WAS Temporarily indspOsed ne would postpone the
Cabe tul this afternoon.
The New York herald., 1870-01-19
coKlAoM fleA.-aHAMRsRS.

Landlord and ronant-Cau a PininMnb bo Non.
suited with His Own Consent After sho Case
is Submitted 70 the JudgcS
Before Judge Daily.
Gayfhan es. Sproutt.--In this case a acsion had
been commenced to evict the defendant who was
q tenant II the plaintiff The case was tried before
justice of one Of the district civil courts and SUBJ
mitted to him. Subsequently nonsuit was
grantca, on application " plaintiff ana the matter
now comes before Judge Daly In a suit brought in
the common Pleas TO recover rent for the same
sprenises. On this state OF facts Judge Daily holds
that after matter Ii submitted to q Judge Dy both
paties for final adjudication there can be no non-
sUr and II nonsuit be entered 1t is Judgment ior
oelendant anu a bar to any future acrion for the
yame cause between the same parucS
The New York herald., 1870-01-19

the Smithsonian House, ana now as the Revere
~ defendant DeGinning in lne year 1904 asserting
s0ndltiOD Ia the Lease mat II the defendant
lease oi The said PROMISES he should pay forfeit
Of $4,000 ~ the plaintin. Defendant ana obtain =
lease, commencing May, 1857, not directly from
the owners, but through Mr.. Earo, proprietor Of
EarleB Hotel. The acceptance Of Ihis lease u
claimed by plainiin 70 be violation oi the terms OF
his lease 70 The defendant and therefore seeks to
recover penalty OF $1,000 consequent on such vio-
lau0n. The defehdant resisls the Claim on the
ground thak he mas not violated the conditions OF
tue lease, Not having taken new lease dire0y from
the owners and never having been m communication
with them ON the subject; and also on the fur Lher
ground tiaJ, even though the condition SHAH De
construed as having been violated, u IL. neverthe-
less an agreement IN Violation OF public policy, and
cannst therefore be enforced. The cause was once
tried IN this court and Judgment rendered ior de-
1endant nut having been appealed on exceptions,
tnas yuugmont was reverse0 and new trial ordered.
Cause SUI ON.
The New York herald., 1870-01-19
A $40. 900 SNEAK ROBBERY
the Property Returned by n Roy.

the Property Returned by BOY.
Thieves sometimes move In . mysterious way
neir personal ends to serve and usually succeed In
whatever they undertake. The last case OF import.
ance was learned from telegram sent by Captain
Jourdan, OF the sixth precinct, to Police HeadQuar.
ters, yesterday afternoon.
1t appears that some time on Saturday, January 9,
some sneak thieves entered the store uf James NJ
shaw, No. 78 Chatham street. and whlie the attention
Of the occupants was calico elsewhere stole TIN Dor
containing script, insurance papers, certificates OF
bank stock ana other property, valued In Gil ss
w, 900, with which they made their escape. Tho
when small boy entered the place. and deposlted
ON the counter parcel sealed and done up ID light
col0red paper On opening t Mr.. Shaw for the firse
time discovered that no mad been robbed He claims
that the contents Of the box were only negotiable Dy
nlm, ana tnat all were returned. The police report
tnat No refuses 10 give any further details 10 the
robbery II al was returned, ~ IL strange as thieves
usually await the publication or reward for tue
IetuIh " sucn property as thcy cannot negotiate.
The New York herald., 1870-01-19
SUPREME ceuaT-CHANBsRs.
Decisions.


Joseph Fisher rs. solomon Deutsch This ease 10
not rcferable. Motion Denied without costs.
Francis Lvcte vs. george o. Jones Gc.-Motion
granted.
JYiHtana X. Roraoise rs. Wm. Ste,cart.--Granted
The First National Bank OF T-onton, O7,tO cs W.T.
Ham II. NeslS.-Attachment may issue. Bailable In
$4,000.
Antaony 0scns vs. Warren Leland -Rcieree SUBJ
6tttu;ed
me Fourth National Bank orthe Cltv orNe,o York
us. Francis n. OiiUer ct 1L-M0t1on granted.
Thomas Lamb Us. Denis Keeiey-Same.
Eberaezer ~. Cranlau uS. George Roosevelt, &c.
Same.
DaUid Setting ". L. Spe0r.-Same.
WiUdn1 HUI rS. George KetTe.--Samo.
DYaldn1 .. C0.rcts &C., Us. Andreacs II. Sands
Same.
Tie Union Manufacturing Company u.s. John d.
Lou5lsOtyv et dL--A0ti0n denied.
Samuel Koh2 ~. kdgOe KOhn.-Judgment
granted.
Georoe A. Os0ood ct al us. A. II. Stepens.-- Motion
granted.
IN the Natter or the Application Of Paul Spooord
Gc.--Grantcd.
Moses Lazarus us. John Glass, 6c.--Granted.
NARY T. Brucher vs. George B,1tchers-N0ti0n
Erauted,
The New York herald., 1870-01-19
supsrmE CousT-claculT.
A New York Central bnilroad stock Ii.iga
tion.
R0(ora Judge Gilbert.

tian.
Before Judge Gilbert.
Kd,y C. Porter Us. WtlLta1a N. Parks et ak--This
was an action TO recover $4,000 damages which
the plaintiff claimed 10 have sustained by the re-
fusal Of the defendants TO deliver y shares OF the
capital stock OF the New York Central Railroad
which belonged to ner and were in their possession.
She alleges tnat on the 23d OF March the defendants
disposed OF the stock for their use and refused
either to deliver the certificate VI the stock the
scrip dividend or to pay her the vaue thereof De-
fendants, VINO carry the business Of stock brokers
IA New YORK, admitted IN their answer tnat
plaintn had made demand Tor the STOCK which
they had refused TO comply with. They alleged that
a Mr.. Wii.iam q. Porter represented himself to he
the owner OF the stock In question: together with 800
shares OF the capital STOCK OF ne ichigan Southern
ana Northern Indiana Railroad Company, winch
were then IN the POSSESSION of Messrs Il. r. Morgan
Co., on which he Was owing them the sum OF
$25,679 81. On the 6th OF August he delivered an
order 10 defendants on Messrs. Morgan Co., re-
qucsting them TO deliver the stock Delonging to him
70 the defendants on their paying whatever might
due them from plaintiff. me STOCK then passed
into the possession of'the Defendants who In good
iaith ana without any suspicion that The stock was
not the property OF W. G. Porter continued to act
his brokers. They sold the nifty shares Of the
New York Central Railroad Company at the request
OF the plaintiff, and are still indebted to him in a
small amount, wnlch they are willing to pay a. any
time. They insisted that II the stock was ever
owned by the paintin sne had subsequently given
w. Z. Porter power oi attorney TO transfer the
same, and that ane was therefore debalred from
setting mp any title 10 the stock. The defendants
also alIegc that the paintIf IL not the real party
the suit, but that 1t prosecuted c0lusivcy Tor
tile benefit OF w. Z. Porter Evidence was intro
duced to show that the lhantlr was w. q. Porter's
sister and Thai the stock was pledged simply as col
lateral security. The Court held that such action on
the part OF William q. Porter authorized his brokers
fore dismissed. Counsel for plainti excepted to the
ruling oil the Court
The New York herald., 1870-01-19
SUPREME e0uaT-Gss:alL TERN.

What Constitutes Delivery by Ocean
Eleuners-ImpOrtant to Merchants and
Consisnces.
Before Judges Ingraham, Barnard and Brady.
Redmond Us. The Liverpool Ne,o YORK ami PnRi-
6etD7saa Steamship C0,npdnp.-The plalntin, an
importing merchant, seeks to make the defendants,
who are proprietors Of the German Steamship linc
liable per the loss Of case ortgoods entrusted TO
them for carriage frou Belfast to this port. Tie
goods appeared to have been lost or stolen after
ARRIVAL. The duties on the goods were not pala by
tho consignees but entered In bond for special
warehouse The Defendants proved below the
transport OF the case, its delivery over
wharf Of the company, after due 40
toe OF the arrival ana unloading Of the cargo and
STATES authorities, who mad an Office on the wharf
aud whose duty It was, ny the port regulations
designated warehouse. Tue defendants claim tnat
tnsse facts, IN lew constitute full delivery OF the
goods and discharge OF liability: The paintin
claims that there should be proof OF actual delivery
from the outside gate OF the companys dock, and
tnat as long as 1t was on tneir wharf 1t was under
their care and control. Tie question is an npor-
tanr one to ocean carriers anu its decision BY the
General Term will mark the limits OF their liability
for tue delivery Of ocean borne goods entered In
J. w. Gerard, Jr.. Tor tho company; Henry Nicoll
for respondents. 81
House, .the Alleged Patent Divorce Man.
In The Natter Of Orrfn A. House.-The particulars
Of this case, in which House is charged while acung
m the capacity OF o patent divorce lawyer, with
fraudulent and Illegal practices, have already fully
appeared and this Court yesterday rendered the fol-
lowing decision IN re alton theretO:-Tte denial OF
the charges s not made under oath and not there
fore, entitled 10 consideration The charges are
such as 70 render It proper that they should be
thoroughly examined ana tho Testimony taken in
proper manner. For this purpose q reference II
necessary ana tho case In referred to Henry Nicou,
TO take and report the same Vt the next term with
his opinion thereon. Mr.. Walden IL assigned to at
t0nd the same IN behalf OF tire application.