davidaulloa/AmericanStories huggingface dataset:
Holmes County Republican. [volume] (Millersburg, Holmes Co., O. [Ohio]) 1870-1895, 1871-08-03


and wrong respecting the particular act
he was then doing, n knowledge and
consciousness that the act he is doing is
wrong and criminal, and may subject
him to punishment and power of mind
sufficient to enable him to refrain from
its performance.
If the prisoner was impelled to take
the life of Mrs. Gargett by an irresista-
bic and uncomfortable impulse, he is
not guilty. | use the words 'irresista-
Bile and uncomfortable in their strict
genealogical sense.
An impulse that he had not mental
power to resist or control. 1t is not an
impulse that the mere unbridled pas
sions may let loose, where there is suf-
ficient power of the will to restrain the
act, that the law excuses, but the act
must be the work of some overwhelm-
ing impulse that wants not only the
concurrence of a directing mind, but
which the mind is pOwerless to re-
sist. isF
As before stated the burden of proof
on this question lies with the prisoner.
He must establish by the weight of
the evidence such condition of the mind
as relieves him from the consequence
which but for such condition would
attach to this set.
Sanity being the normal condition of
the mind, the law presumes its exist
ence, and casts on him who asserts its non
existence the duty of establishing such
TACT by proof.
1t therefore presumes that every per-
son who has arrived at years of discre-
tion is capable of distinguishing be-
tween right and wrong respecting par
ticular actions; that he is able to re-
sist an impulse to do wrong; that he has
sufficient mental capacity to form a /
criminal purpose; that lie has power to
think, to reflect to reason, to Judge and
decide, that he is free to act and to alb
stain from acting,th he is capable of
Elaboration and generalization. To de-
Ieat this legal presumption you must be
satisfied that the mental deficiency re-
led on by the prisoner, the perverted
condition of the faculties to the extent
claimed, did exist at the time he took
he life of the deceased.
1t is not sufficient that such a state of
mind was possible, nor merely probable
Holmes County Republican. [volume] (Millersburg, Holmes Co., O. [Ohio]) 1870-1895, 1871-08-03

reasonable doubt.
He entities himself to demand
that such legal presumption shall
avail him, even to the extent of an
acquittal, until it shall be overcome
by reliable countervailing eviden
ces.
There are facts, common to all the
grades of homicide to which / have
adverted above, ,ofthc truth of which
the state must satisfy you beyond a
reasonable doubt, before you can
find the defendant guilty of either.
These are:
1st You must ascertain whether
Elizabeth Gargett was alive within
the county of Summit on the 9th
day of May last.
Ind. You must be satisfied from
the evidence that she is dead.
Sd. That she died by the hand of
violence, inflicted by some other
person than herself.
4th. That she came to her death
by wound in the head inflicted by
a bullet discharged from a pistol.
9th. That the defendant inflicted
the wounds of which she died.
If you find afiirmatively upon
each and all of the foregoing propo-
sition, you will next inquire and en-
deavor to ascertain to your satisfac-
tion beyond q reasonable doubt,the
motives and designs of the slayer,
and whether the act of killing was
purposely and deliberately done, and
especially whether it was done with
preditation, for these are facts, which
it is as much your duty to find out
as the fact of killing ITSELF before
you can return verdict against the
defendant of murder in the first de-
gree. 500 a.a .-
The terms used in the statue de-
fining the crime of murder are so
simple and Ineligible, even to or
dinary minds, that any elaborate at !
Holmes County Republican. [volume] (Millersburg, Holmes Co., O. [Ohio]) 1870-1895, 1871-08-03

The happy family is evidently at
..- -
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12

England has ordered sixty batteries OF
or G uliny guns. from the
Colt Fmr-srms Company Of Hartford
Connecticut. The Hartford Times. Of
,ha 9th inst. gives us some account o.
these terrible weapons: "rhe order is
for nearly 400 OF these compound and
very de.trnciivs wespons-the Faench
name Tor which. m:trailIeur msIs) or
mirrsileus (iem+le). means 10 English
hail siormer. SO it will for awhile make
woek lively9 again ct the pistol factory
z ,ch of these gnns hss . bore Of 0 az
incb. and weighs 8 c~t.. 2 qnrs.. IL lbs
,hs weight OF the gun carriage being 4
cwt.. 3 qrs.. lbs. The lead hulis;
weighs $50 grains. aud the charge Of pow.
der So grains. E,eh battery will have /.
hitting. wounding. ani killing power
among broken infantry on uneven ground
It ranges from 200 to 900 yaris. OF
900 mime: but in close columns o.
infantry battery would sho,, ! 200 mer
d minute. Wuhin ordinary riffs range.
or up to 400 yaris, the small Gstl'ng
was found moro effective than field gnu-
hut with longer ranges the fisid guns hai
the best Of h. The ue~ gun Possesses a
maximum OF destructive power. with !
minimum Of we ght and sisr. is easy ts
msneuver. and can BE- fred with accuracy
Of aim, without recoil thousands OF times
As they arrive in Eaglaud they will b.
brougat to W.,olwich. and will form q
new aud special branch ri the Royal ar
'i!lery. thee batteries being distinct from
those Of the Geld guns"
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12

Another HUMpUa ExpLoDEo.-Pro-
fe.sor Blot. the imported teacher Of cnl-
iuary and gastronomic science, who came
over from Frsnce to teach the Americans
how and Whist to eat. has failsl to make
money ont Of his grand experiment. He
does not End the American stom sch good
basis for pecnniary speculation; nor the
impor, aiion Of celebrated French dishes,
Of unknown Ingredients. . psying oc-
cnraiion.
We import French folly enough now
to ruin and distress q large class Of wor-
thy American ci,izaa. We bring ex
trsvagsnt fashions anil customs that an
uihilaie all IDEAS OF moderate economy
and vitiate social life: We bring over the
refuse of the French Theat,es to corrupt
what little there is left OF moral decenry
of respectable taste in onr large cities; We
ape the most -absu'b follies in dress and
manners: anil follishly imagine that to
sacrifice ssur:ly. honest. simple American
,sun to ..F-,~cby", habits. is the h~igh,
ofgent'li'y. To the hinge bulk ofnouspnse
which we have already brought from
France, Professor Blot tried to add the
ab-uraity OF hsvipg rs sacrifice our good
wholesome plain dishes. for spicel con
glomerstions OF unknown anil uncertain
ingredients that would sap the sturdiesi
manhood. We are glad ,ha, on this
-ublsct of French importstions. there Is
coed sense enough lett in New York
society. to reject the latest phase Of non
.ease brought over by this famous profess
sOr.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12

ARTEsiAN WELLS FOR THs PLAIss.-I
have read with much pleasure several ar.
ticles that have recently appeared in the
Tribune. respecting the capscities OF Col
orado for agriculture. Colorado has o
lava soil. which is wonderfully productive.
and yields great returns under irrigation.
I have seen nsoguis the broad Mexican
di,ch) carried back. parallel with the
streams. distance of five mslss, where
the conform alton OF the country would al
low; bat of cOnrse, this msthoi Of irriga
tioh can cover brt small part Of the vas,
area called the plains. Now, have a
theory that the greater portion of all this
country will ultimately be W waiered by
mesns of artesian wells. o. course the
unierly ing strata conforms to the surface
and IS the whole conn'rv slopes from an
attitude OF 1000 to 5000 feet abovs the
level OF the sea. at the base Of the noun
taina. to the Missouri river, I believe
that tesisn wells, sunk all along this
distance. aill NuppIy immrnce qusn'i-
ties Of water. forced to the surface from
it's heal in the Rbckey mountains. Il
the maker of sn atlas, with the Crest
American desert upon it. s'ill lives he
will probably bs considerably. surprised
If. within the mex, twenty Eve years. he
shall see the country between Omaha aud
Denver dotted with towns. receiveing
their support from the agricultural com
mnnities around them Ckieogo Tri-
bune.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12

The Janc,ion City Uoion. from the
position Of It's eiiior. is well qualified to
give inform .;ion respecting land matters.
and Tor the benefit Of thoss interested We
clip the following:
The homestead lev requires claimants
to msks in.l proof withia two years a.
ter the sxpir.tion Of Eve hom date Of en-
try. For instance. . N "a ea,sred . trac
Of land on the 1t day OF January. 1866.
and began occupaney Of ii that day. he
could make final proof just IS soon after
January ]. 1871. as his Eve years tx
pir.,l; or il he saw ST.. hs could wait nn-
I'll the last day p,ior to annsry l. 1872
Bn, the date OF entry doss not govern the
matter. When making final p'onf he
will he called on to show five years from
the date he commenced occupying the
land. In other words. il he entered ihs
land on the lst day Of J.nuary, 1866.
and did not get on the land till the lsi
day of june. 1866. he will have to. show
five year. occupancy from the 1t day OF
Jane. Crest care .houid be taken by
claim ants to gat on their land as soon as
possible. and stay on it. for the law says
that if you nre of six months you forfeit
all right to j.; and also to- appear at the
office as soon as cOnveni-nt after the ex.
p'ration Of Eve years. in order to keep on
the safe side"
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12

The Topeks Record ssys that some
three yes's ego. two msi.ien ladies' sP
peared in the vicinity Of Osswee. They
built cabin of poles. which they carried
on their shoulders over aanatr OF
mile. In this hsbItatios they have resi-
ded ever since. with no protector except
large and savage dog. They bought
no land. but invested their money IN
stock. They now have nineteen hs.d OF
hogs. eight horses. end large 'oa'ht OF
geese chickens. etc. They msasgs all
their business transactions without any
outside aid. They cnt ani pnt up their
o~D hay. chop their own wood. and DO
the same smoout Of work that two men
would do under the same circumstance.
They have no society. bot sppear to Dr.
women Of fair education The history o.
these women prior to their appearance
in their cabin on the Grssshopper. and
the causss which led them to adopt this
singular mode Of life. arc involved In
mystery.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12

The Council Bluffs Nonpariel says
Recently the lAbors of the parties who
have been boring for the last eighteen
months in Lincoln. the capital OF Nebras-
ko, for salt water. were crowned with sue
cess. at depth of 600 feet below the
surface. in q stratum of sandstone. o
lead OF the great subterranean sea OF salt
was struck. and the hriny current came
struggling np around the augur. and
shot into the cir some ten feet. 1t has
since flowed strongly and steady. and
with great force and increasing strength,
forming briny riv,!e'. 1t is believes
by experts who have seen the flow that
when the angnr is Withdrawn and tubing
inserted. stream Of water will be pro-
jectsd from the well to the height OF fifty
feet. making it the most magnificent ar
tesisn well Of salt water in the world.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12
% It may Prove gratifying to some of ou

% hmay prove gratifying to some Of ou
western people. ~ho have received certain Temp
ting ohen to be supplied With counterfeit mon
ey so perfectly executed as to DEFY DISSECTION
at exortitaItly iov rates. 70 hear that brace
of the precious seoundrels we.e picked up BY
the detectives in Nes Yerk. the other dsy, aud
have since beea sent 20 BlsckveIl's Island.
The firm '-taken in" goes by tho rsme o
Logan / Co." Some idea Of the extent Of
their business NAV BE- CLEANED from the fact
that forty seven days cash receipts from their
dupes sere $50 900. Parties in the State Of
South Carolina alone eeud for S2l7 900.
& Ep A girl in calhoun cepnsy. VIE. attempt
ed to look into she nuzsie Of her brothers
shot gun, and st the same time pull h-r dress
Away from the trigger. The eoroner's jury re-
turned verdict Of .jeash from Internal
ears.esspes-r b
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12
Election Proclamation.

WHyrxas. The City CouHyil Of the CITY OIL
White Cloud, DoniPhan Cotury. Kansas. has
Passed the iol!owing Special Ordinances No.
2 and 3, to wit:
"Tba, there be submitted 10 the E. ectors Of
the CITY oi White Cloud, Donithan County.
Kansas a p,eIosi,ien to borrow Eve thousand
dollars, fS50G0l in money. to pay the AtchIsvn
and Nebrxssa Rail Read COMPANY. in lieu OF
BONDS hcreto:oie voted by this City, and of
sub crip.ions ma..e by citizens of this cis. aud
To authorize tl,s Mayor and Cocnciimer Of said
CITY 10 issue ten Thousand dollars tsl3, ,0OJ %
Of q i4,nls Of the City oi " bite Ct1ad. 60
secure the psyment Of -aid loan, tn run ten Il %
ve avs, with interest at the rate Of seven and
one half (7ts) per cent ref arnnm; provAie,I
III II bef.,re said money Is paid over l1 said
Railroad C,mpary the proper officers Of the
Companv ebali fatty selease the City VI White
Gland and the citizens thereof, frum al. obi
cations in the way of bonds voted aud sub
scriutions made previous to the acceptance
Of this proposition"
"That there he submitted Z" the electors Of
the Citv Of White Cloud. Doniphan County.
| Kansas, q proposition that the City shall pay
| to John 8. Beeler and WIN. N Bixby. of the
/ firm nj Beeicr and Bro. .'ne thousand dollars
| (I000, ,0O) in money. in satisfaction OF all dam
| ages and costs for the removal oil Steam Saw
Mill. with appendagrs, owned br them and 10
Gated upon the Levee. fronting on the Ms
souri, River. between Noyes ard Moore's Ware
house-at the foot of Msrket Sfreet-ard Shori
Street, in the City of White Cloud. Dnnip phar
County, Karsas; the ~, ment OF the said one
thousand dollar. ($Ie00. .00) in money is TO be
made in two instsllments, of which Ave hun
dred dollars $500 00). without iuterrst. is 70
he paid on the Ist day oi february. D. 1872
five hnIdred do.lars (s500. .00), without inter
est. on the lat day of Feh'uarv, A. ID. 1873 !"
Now. therefore. !. Joshua Taylor. Ms,"r o
the C,ty of White Cloud. by viitne of the pow
er ia NE vested. do hereby pr'ciaim. that nj
election will he held on The 2lst day Of Janu
any. A ID. 1871. at tie Mayors Office in sai
City, to accept or rsj-ct the foregoing prop.'
sisions- Said Election will be held ia accord
a-ce with the election laws of the State O
Kansas, AMI oi the City of White Cloud.
+ Those who are in Iavor Oi the psoposition u
Special O,dinan1e No. 9. will write or pr'nt ~
their bal!ots the sOTls, For the Loan and th
Bonds" ami those who arc opposed To il nj
write or print on their baliDts tae so'd
l"Against the Loan and the Ii ,ds =" Tho.
who are in isvor of Special Ordnance No.
will write or print on their ballots the xor
"For Payment" and those Who are opposed ,
!, it viii write or pint ON ,heir ballots the word
"a gaiust Payment"
Given rncer my Eai d this 9.h day Of Jai
uary, A. d. 1871.
JOSHUA TAYLOR, MAYoR.
BY order Of the Co ncil.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12

The Legislature of Illinois. Arkansas.
Louisiana. Nevads. Ohio. Missouri.
Delaware. Florida. Minnesota. Nsw York.
Pennsylvnsis, Indiana, Msina. Mary 10 4,
Massachusetts. Michigan. Wisconsin and
Nebraska. are now in session. The Leg
islature Of Iowa meets on Monday. the
9th, of Kansas. West Vire' mia and New
Jersey. on Tuesday. the 10Th. and Geor-
gis on the ll,b.
Thirteen of the States viii each elect a
United States Senator. on the second
Tuesday after their assembling. to-wir:
Illinois. Arkansas. Louisisns. Missouri.
Delaware. Minnesots. Maine. M.ssachu-
setts. Michigan. Nebraska. Kansas. New
Jersey and West Virginia.
The following States have already eiec-
ted Senators for the six years commen.
cling March 4rh. 1871: Alabams. Iowa.
Mississippi. North Carolins. New Ham.
pshire. South Carolina. Oregon Tenues.
see.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12
The Legislature.
State Legislature convened

State Legislature convened on
Ey. The 6rst week will be con-
i6ed in organisation. messages. reports.
sha preliminary work; and the next week,
in Sensto,ial excitement and wire pull
ing. Alter that. there will be long
season for work..
The one great thing the people demand.
is the reduction of ftaxes. The tsses are
really oppressive. sud the hard timss make
the weight tssnore severely felt. The
clamor Of the peopl, for lower taxes can
not be disregard ID. and cannot be silsnc-
ed by any other means than Tightening
OF the burden. Taxes shonld be the hob
by from the bagiaing to the close Of the
session, and should be held up before the
members on every occasion. Every bill
should be scrutinized, and every project
entailing unnecessary expense weeaed out
Taxes in Kansas ought not to be oppress'
i've. and with proper care and economy
would not be.
Let the watch word go out-'Ligbter
the tsxes!"
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12

A regular business is carried on in
New York by parties in washing" or
renovnting. and putting upon the market
internal revenue stamps that we have n-ed
and cancelled. The mole Of operating
is to obtain the used stamps nom the
clerks and office boys employed by banks.
brokers, and mercantile firms nsing or
receiving stamped paper. large qnsniities
o. which are either stolen or taken from
'hs waste basket by these employees. who
remove the stamps from the paper and
renOvate them.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12

A LETTER from the German army in
front OF Paris says King William is one
Of the most sensisive men in the world.
His feelings are 20 scuts thst his medical
advisers wers obliged to forbid his visits
to the wounded at the palace. The sonud
of dead march. or the sight ofs military
funeral. produces deep melancholy. and
the aspect Of ths battle -6sld on which was
Won his imperial crown hss made him
sick nigh unto death. snd quite unnamed
him for many hours afterwards.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12
Special Notices.
Spread the Truth.

S,me Wedic.l m"n insist that it Is uniigni
it may be. Qieer reasoning this. IL is like
saving Rat ~ article which the world neeI-
should lie hid in corper-tha' benefits and
blessing, nav be too widely diffu-sd-that the
means Of ofrrotec,ing and restoring health shoul'i
be close monopoly, and no, accessible u all.
The argument is bad. IL is worse than thar !;
it is inAmmsa. ppose flost-tt.r's StomAc.
Bt:crc-an absolute specific for dyspepsia
bi!iou.uess ard nervou. debiity-bad never
been known beyond the repertoire Of the iaculty
what would have been the conssqrenc, la
stead Of curing and invisorating millions. III.
good effects Of the preparation would have bee
cpriiped to a comparative few. There is tb.
highest authority for saying that light should
excellent shoGld be placed as city on hiii
where all men caa take cogniz,nce oi it. IL l.
upon this psirciple that the Diiters hare b. e
advertised and continue ~ be advertised IN
western hemisphere. aud that th e spontaneou,
testimonials in its favor have been tram lated
into all written languages. Thousands enjsy
perfect health to-day who would be languishne
on brds "f sickness il the newspapers had mol
spread the trstA srith s,gard 10 this uneqaais
inrigoranf and corrective far and wide. Sup
pose profit has been reaped from this punici
ty. Is fhof any argument against i,7 If the
public health has been protected; if lives have
been saved; il the feeile have been strength
ened ard the sick restored. great soad has teer
accomplished; and Who SO mean as 10 erudse ,e
ex.rtlous thus directed their fair reward?
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12

HoxEsrEAD LAxDs.-Ws have several
times referred 10 the isei that nearly ell
the Homestead land 10 this Stats were
located West Of this city. Tke eLasrencs
Tribune. in the course Of reeeas article.
also referes to it. in the tollowinx article:
"We h.vs had many letters. especially
from soldiers. making irqoises - 20
bome.te.d lands. The homs-sesd isnds
nearly oil lie west Of Saline Coon'y. ou
the X Ksnsas Pacific Rosd. and at lssst o'se
hundred miles west Of A,chison. on the
Central Branch. There is much good
land on the Solomon which can bs home
s'e .ded. The Ossss lsndssrs Mt SUD
iect to homestead. but can be occurred Of
one dollar and twenty i've cents PER acre.
BY occupancy for six months. An th'
difference be,ween the rights Of :. colder
aod civilian is that thu soldier cst
Homestead ono huudrei aud sixty acres
w lille civilian can only gel eighty acres
within the limits Of rsilrosd lands"
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12
K.n,.. has ! SOL school houses: ave,

Kansas has l.50l school houses; aver
age value 81 000 S6i Of these srs fr,m'.
&c BRICK. 239 stone. and the res, log buil-
dings. In 1861 there We're 2l7 school
districts in tho State: in 1866. CSC; in
1870 2.06S. There were 4 90l children
of school age in 1861; 81 I25 in 1866;
1882 in 1870. The average daily
attendance of the public school Of the
State is two .fifths OF the ent ire number Of
children Of school age.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12
n .cnow GuAoE RAIRwAYs.-R.

NAenOW GuAGE RAiRwAYs.-Rsil-
roads Of narrow gusge are coming into
vogue. Wsles has one in which the
rails are bat two and halt fee, spsr',
and Canada one Of three snl hall feet
width. The advantage Of such railways
are that they are cheaper than those OF
vide gnsgs. cn,vss may be msde sharper
and moro frequently. aad without 81
much loss Of trsctive power by the en-
gins. The 6rst Of these roads in The
United States il sbont to be made be-
tween BufI,Io AMI Springfield: and it il
said ,h.t some geotlsmsu Of Reading
Lebanon, Harrisburg and A llentowB. in
Penn.yiv.nis. think of building two and
h,lf feet gasge road from Aiieniown to
Harrisburg. TO carry freight and p.sscn
gers. .R!Ni. -
1t is understood that the Kansas Pa.
cific r.ilwsy compsns has sent Genera
P.imer, their Chdet Engineer. to Wsles
TO investigate the plans ami results o
,hese narrow guase roads. They hav
been 10 operation there for number d
years, and in that moup'ain"ns region
are found to be superior to railroads Of
broader gusge. Their advantages. sus
gested in the above extract have bee
fnily demonstrated. 1t is also expecse
that this company will int,oduce 'hi
system Of railways. AMI belt the noun
tains with roads that shall reach ever
important seat Of miuing operation tbs
may be deveIopeJ.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12

At the Recorders Office in this city,
was yesterday placed on file the copy Of
deed of mortgage. from the st. Louis.
Chiliecothe. Cunusil Bluffs & Omsha
Railroad, to Solon Humphrey ol L,ndon.
England This deed is m,ie in trust to
James r. EM.. James II. Britton and
Joseph A. Jameson Of St. Lonis. oil
wealthy men. The document was made
in consideration Of three million dollars.
loaned to the road by tho said Solon
Humphrey. and negotiated through the
other parties above mentioned. The re-
venne alone on the dacument amounts
to $1,000. or Is 5000 stamps. The
money thus loaned by the EoRiishman
draws seven per cent. interest. Enough
in in-elf to mske . man rich Council
Bfufs Times
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-01-12

To Be PRosEcUrED-Judge Horton.
u. s. District Attorney. has received
instructions from Washington to iusti-
tute proceedings against the persons who
obslrne'sd ths passage and conveyance OF
Of the United S;aes msils. by tearing mp
the Railroad track in Leavenw orth. The
stately Haliermsn. the belligerent An
tbouy, and the inbec;ls II Hammond. with
their siders and nbe,tors. will likely ind
out. before lorg. that tearing up Railroad
track isn't such fun after al.