davidaulloa/AmericanStories huggingface dataset:
The Placer herald., 1872-10-05
AUBURN. PLACER COUNTY. CALIFORNIA. OCTOBER s. 1872

does not complain that the Bond, acting in
a judicial cap,city, lacked power over the
subject matter of demands, but that the
power was fraudulently exercised for the
private gain of the judges themselves, and to
his injury.
1t is evident that the writ of certiorari
would aiiord no remedy. The order of al
lowancc standsas the judgmen' of Il court of
competent jurisdiction, which may at all
times be impeached collateralIy for fraud
We think fraudulent combination upon
the part of the defendants is apparent from
the the facts set forth in their answer, and
that the plaintiffs demurrer was properly
sustaned.s
artiiicially drawn, contained sufficient state
ment of the cause Of action to prevail agan
general demurrer.
The dcfendant's objection tNat there was a
misioinder of pnriies and of causes of action
in the union of Pratt, Van Nactor and Kin
der. as defendants, was not well taken. II
is averred that these defendants conspired
together for the purpose of defraudmg the
county; that in pursuance of Il concocted plan
Fttil lUtStilitu u ~ tuuultuh CiHlIi
the county for pretended services; that act
my as Board of Supervisors they allowed
hese several fraudulent claims and ordered
the warrants TO be drawn on the county
treasury, which the plaintiff by these pro-
ceedmgs seeks to have cancelled.
There is no doubt that where bill is filed
,gainst several defendants, for several and
distinct causes, hiving no relation or depend
ence upon each other, II demurrer tor this
reason will lie sustained. But we do not
find it questioned that where several per
sons have been jointly concerned in Il series
of fraudulent transactions they may be
united as defendants in suit to annul the
fraudulent acts. The gst of the action is
fraud. The defendants have zone common
interest among them all, cenlering in the
point in issue in this cause" and which 's
not served by mere division of their gains.
(Ward VS.. the Duke of Northumberland
Aus,er., 400; Fellows vs.. Fellows, 4 Cowel
6S2: BrinlierhyT vs.. Brown, 6 Johns. Ch.
1879.
We think that the Judgment of the court
below should be affirmed, an it is SO or
dercd. NILES, j.
We concur: WALLACE, G. j.
RHODES, j.
CROCKETT, j.
BELClIER, j.
The Placer herald., 1872-10-05

A ToUcHlSG INCIDENT. The following sac
story is related Of young couple recent,
wrecked on the steamship Melis:
The scene was awful and heari-rending II
those engaged in trying to save the periohing
md can ony be realized by experience.
Mothers were looking for their children, hus
bands for their wives, the son for his father
md the sister for her brother. The scene
beggared description.
Among the sadiest cases is that ofa young
couple who had with them their children
one boy of three years and the other Il babe
IF six weeks They were aroused by the
steward, buckled on ite-preservers, and the
husband-taking the Oldest child, while the
mother clasped the babe, plunged into til"
-ea. The waves ran high, and soon ih,
hnsblnd and wife were swept apart. The
former lost his strength and relaxed his hold
,n the child and both were drowned. 1h
mother held the babe above the angry waters
nntll her strength was exhausted, and then a
wave larger than the rest dashed it from hel
rms, and she saw it sink slow y to the
Ieplh below. Just as she was exhausted
nd after tie life preserver had slipped IRON
her arms, the Mocc ,sin came and her life
vas saved, which, for the present at least, Is
bitter indeed. 81 have my husband here,
he said, as she sat by his dead body in the
Narragansett House, "but never can find the
he babes in the dorn daen 90
The Placer herald., 1872-10-05

TnE COMING GIRL. The coming girl will
be of some use in the world, she Will cook
her own food, will earn her own living, and
will not die AN old maid The coming girl
will not wear the Grecian bend dance the
German, ignore all possibilities Of knowing
how 10 work, will not endeavor to break the
hearts of unsophisticatcd young men, will
spell correctly, understand English before
he affects French, will reside with equal
grace at the pino and wasli-board, will spin
more yarn for the house than for the street,
will not despise her plainly clad mother, her
poor relations, or the hand Of an honest
worker; will wear a bonnet; speak good,
plain, unlisping English, will darn her own
siockngs will knoN how to bake douglI-nut5
and viii not read the Ledger oGtener than
she does her Bible The coming girl will
walk five miles day, if need be to keep her
.heeks in glow; will mind her health, her
physical development, and her mother; will
.dopt costume both sensible and conducive
to comfort and health; will no. confound her
Hypocrisy With poiiteness; will not place ying
oplcise above fraukness; will have courigeio to
cut AN unNeleome acquaintance; wi.lnot think
hat refinement is French dupliciry; that
,ssumed hospitality, were hate dwels in the
heart, is better lhin outspoken condemnation:
viii not coutound grace Of movement with
silly aifectition, will not regard the end Of
her being to have beau; will not smile,
md smile, and be villain sill The coming
.rI will not look TO Paris, bat TO reason, for
her fashions; will not aim to follow a foolish
fashion because miucrs and dressmakers
Jecrecd il; viii not torture her body, slrivel
her soul with puerilies, or ruim it with wine
nd pleasure. In short the coming girl will
seel, TO gorify her Maker and to enjoy
mentally his works. Duty will be her aim
md liie II ror'itv -- -
The Placer herald., 1872-10-05

CARL ScHuRz -Uo.onel john Wall<up in
the Bremen CO., A3calcs, pays the follow
ing handsome compliment 10 this eminent
man:
cat The pr sent time no public man Of
any country fills so large Il place in the pub
lie mind as Carl Schurz. Twelve years ago
we had the pleasure, while attending the
Republ' can Convention at Chicago, of hear
ng and seeing this eminent man. He had
been in this country but Il few years, yet his
language was pure, in our English sense, as
anyone we ever heard. His power of rhetoric
is almost unsurpassed ly amy one we ever
heard. In mental grasp certainly not sur
passed hy any statesman of his day in any
country We are i formed by persons who
heard him at Cincinnati that nothing could
Sllrpass his effort ON that occasion; the ell
,husiasm was unbounded; procession after
procession continued TO arrive until twelve
o'clock at night. lie ceased speaking, and
stood aud laughed. The Cincinnati GazeHe
estimated the crowd at twenty-five thousand.
Over the Rhine, where once scarcely Il
Democrat could be found, now but one voice
is heard for Greeley and Brown.
The Placer herald., 1872-10-05

Sound the belle before you invest.
The Placer herald., 1872-10-05
Executive MANSION,

WASHINGTON, ID. c., March 9. 1869.
NJ. IL. GnINNEIL-DEAR SIR:--'lhiS vii
introduce TO you Col. q. X. Leet, who
served under me from early in the war to
Ile present day, from the f,Il of Vicksbur-
forward as IL staff officer. He is a business
nan Of unquestion,ble integrity. Ills ex-
perience before lhe war fits him for busines,
IF almost any kind. He now proposes 10
resign from the army TO engage in private
,Ife, and cheerfully commend HIM as pos
sessing all the qualities necessary to INSPIRE
your confidence. Yours truly,
The Placer herald., 1872-10-05

A FoNT OF TYPE.--As scrap OF i'm
formation, we give The proportions in whcI
hey occur in print Letter e, 1,50O; t, 500;
$50: n, o, $, i, 500; h, 640; 62O; d, 4l0;
|, 400; u, $40; C, 300; f, 250; ", y. 200;
:, p, 40: b, 160;v, 120; k, 500. 53;j, X.
10; 2 90 Beside. there are combined letters;
ii, so: fl, 40: fl, 20; iii, Is, fl, IL; 1, 10;
n, 5. The proportion tor capitals and small
{ ,pitas differs from The small letters. IN
hose, takes the first place, then I, then A,
and then f, etc
The Placer herald., 1872-10-05
How THEY BUILD RAILROADS IN ARKANSAS.

How THEY BUILD hAILMoADs IN Arkansas.
They know thing or two in Arkansas
,boui building railroads. This is the way
hey DO it. The President of Il railway
comp my gets on good terms with the State
Hoase Ring, and lobhys through the Legs
latnre grant Of SIS ,000a mile, With tie
u viSo that he bonds are to be issued on
he completion of each ten miles Of track.
Ihe President borrows enough iron to lay ten
niles, put it down, draws his $l5O, 600; takes
ap the iron, relays it tho next ten miles,
draws the second $l5o, 600, and repeats
his process until the whole 120 miles are
nnt. Then the borrowed iron is returned,
he road is left in precisely the condition it
yas at first, and the President decamps to
New York and sells his bonds
The Placer herald., 1872-10-05
TRUTH AND POETRY.

1 know woman, pale and slight,
With heart III hopeless mood,
Who often tolls throughout the night,
To earn her husband food
While he, in strength Of manhood's power,
Some gay saloon will seek
And spend more money i'll an hour
Than she earns in week
The Placer herald., 1872-10-05

Mss LIzzIG BAliltluAN Is the champion
swimmer of Charlestown, Mass. She can
swim faster and further, dive deeper and
come out dryer, then any one else in the
place; and altogether she is Il "duck Of a
woman" though some envious deiractors
,,llude to her as ''little goose.
The Placer herald., 1872-10-05

WHEN the radicals DO ,st that Grant has
given us stable government they confuse
the erection of ii stable by him at a govern
ment expense of $50, 900.
The Placer herald., 1872-10-05
Terms Of Subscription.

L ,eh
h1' ,srll deductions made to monthly or yeafll
advertisers. ,.. ,o ,oar,,ed nm
ntI eIt f,rbillen, and charged for accord ngiy.
uH'' II s hereby expressly agreed and stipulated
h.ty,en the proprietor AND those having work
or ,lyerti sing done, or being s0bscr bers' 'ha'
all payments at the above rates & are to oe '''''''
OvFIcIlL ADVERTISING.
Tho following rates, AS FIXED BIZ LAW, Will DC
,in,,1 FAR all LEGAL advertisements and not ces.
For the first insertion one do"T oIg i& aa@ fs hly
cents dollor ner square for each additional III
DIrt;on 49, mo to four, and thirty-hve cents per
s5't s5nare for each subsequent insertion. ,:,,.
~ = All Legal Advertisements must be pi@inliy II
written, anl the number Of Insertions n mus, "l-
s.ys he marked on the margin of each SoVer,
,'S'~,ant. or they will he continued and charged
eoeor linalv. The publisher VII not be reSpoh-
sbla for faulty or Illegal manuscr'.t.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-08-10
RIVER NEWS.

Stage Of Rivers, Aug. 9, IsT2-HsigRt of Sy1te-
above IO10 iOatss z.srk at 800 p. NJ
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-08-10
COwARDLY ATTEMPT AT HOMI-
eide,
One Man Shoots Another I'm the Head
and EscaDeS.

One Man Shoots Another I'm the Head
and Escapes.
Wednesday evening about dark while
Mr.. VIM. Sawyers was riding along the
lane leading from Brentwood, Williamson
county, to the Granny White Pike he was
fired at by Felix Jones and made narrow
escape from death. The pistol ball struck
Mr.. gawyers in the temple and the report
caused the mule he was riding to jump,
whereby the rider fell senseless to the
ground receiving several internal injuries
that may prove fatal. Jones when he saw
his victim was not yet killed rushed for ward
Whera be was PROSTATE and helpless to
make sure his object by again shooting.
A young man named BOstick
who was standing with Jones when tha
shot was fired, threw himself over Mr..
SaWyers' body and protecting him in this
manner, finally induced the would-be-assas-
sin to desist further attempt upon his hte.
Jones fed and has not been heard Of since.
Mr.. Sawyers was carried home by the
Young man Bostick, and medical aid sum-
moned. An examination showed that the
bullet took effect in the temple and gianoing
under the skin, fractured the forehead and
came out above the farther eye. The in
juries sustained by falling from the mule
may prove fatal, as it is feared some dislo-
cation of the bowels has been produced.
The difficulty arse from an old
feud between the parties. About
eight months ago Jones met Sawyers and
without any warning shot him in the tenn
pie, the wound being similar to tho last
one Afterwards the parties met on Broad
street in this city and Sawyers after asking
and ascertaining that Jones was armed told
him TO defend himself. His pistol snapped
and he would then in an open contest have
shot Jones had not bystand7rs intervened.
When Jones first shot SawYers in the tenn
pie they met in road, and the
latter stopping the former who was
riding, asked him to dismOVnt ii
he wanted to settle their difficulty.
Without saying anything Jones drew
a pistol and fired, the bullet hitting, as
above stated, in the temple. When the
rencontre took place on Broad street, it was
the first time the two men had met since
the shooting on the part of Jones. We'd
nesday afternoon, as Sawyers was returning
from his cousins to his home Unarmed, and
not anticipating any harm, he did not
recognize Jones, who was stlnding with
Bostick, and as he approached said, "Good
evening, gentlemen" Hardly had he said
this when the shot was fred by Jones, who
is spoken of as a bad character. The woun-
ded gentleman is a younger brother OF Mr..
Green Sawyers of this city, and IL very
much respected in his community.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-08-10

R.P. jenkins, Wholesale Druggist, No.
80 North Market street, opposite Union
street, is receiving large supplies in addi-
ton to his assorted and splendid stock of
drugs, chemicals, oils, paints, glass and
glassware, liquors, teas, snuiiS, tobaccos,
fancy goods, perfumery, ETC., etc, ETC.,
which be offers to cash purchasers at prices
to defy all competition. He invites a call
from all dealers in his line Of business, feel
ing confident TO give satisfaction in goods
and prices. See card in another column.
THE BROOKS SEMINARY AT Pouch
KEKPsIE.-Many a parent has been sorely
perplexed to make satisfactory selection
of a seminary wherein TO place daughters
to receive an education. The number from
which to chose is large, and the pretentiOns
of MANY very seductive. We consider the
Brooks Seminary, at Poughkeepsie, the best
in all respects. Its location In this beauti-
flh city is fortunate and much in lis favor.
It's staff of teachers is complete, comprising
those who have had a long experience in
the education of girls, and its course of
study fully up TO the best requirements of
modern times. We commend it with great
confidence.
The National Savings Company, corner
OlUOu duu SOlC5C oSACCbS3 olO NOAAAS q iOSO
lar exchange AMI banking business; they
receive deposits and allow interest thereon;
they furnish drafts on London, Dublin,
Edinburgh and all parts of Germany; they
buy and sell exchange on New York, Gin
cinnati and Louisville; they loan money on
collaterals, and they at all times pay the
highest rates for gold, silver, etc.
The thirteenth session of the Edgeheld
Seminary, Mrs. Henri Weber, Principal,
commences Sept. 2.
Auction sale to-day by 81. Spitz, College
street, of furniture, carpets, etc.
See advertisement of Sheriff's sale.
The Brooks Seminary, Poughkeepsie, Of
fers special advantages for obtaining a
thorough education.
r. W. Brown, Agent, wishes to borrow
for another party, on fair terms and good
security, $500.
Return to w. T. Woodland, alost pocket
book containing valuable papers.
Stated meeting of Corinthian Lodge to-
night.
A number of notices In bank- uptcy ap-
pear in to-day's paper.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-08-10
rx Death of a Christian Lady.

1t is with pain we learn of the death of
Mrs. Sarah a. Lurton, wife of Rev. DR.. L.
l.. Lurton, of GAINESVILLE. Mrs. LurtOn
had been an invalid, and with the hope of
recovering sought the pleasant cline of the
far South, only returning few weeGs ago
TO GAINESVILLE, her former home, where
surrounded ~ those who were dear AMI
near she died peacefully, Wednesday NOR
ming last. In the long roll Of Christ's at
tendant train will be placed the name of but
few whose heart was more pure
whose deeds more beautiful, and whose
life was more devout in religious duties
than were hers. A consistent member of
the Episcopal Church, the deceased was
ever ready to relieve the sick, help the poor
and sosthe with gentle word the sorrowing.
Only few months since the youngest son,
in the bloom of life, withered away by con-
sumption, and again has the death call
been made and another link from the fam
lily tie is broken. To tie distressed family
we tender our sympathies in this dark hour
of grief. Yet while our hearts are touched,
deeply beautiful is the consolation to know
that her spirit, now gone to its God, is an
other jewel-clasp binding the sorrowiDg
ones of earth to the blest in Heaven, for
Heaven is now her home.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-08-10
Personal.

DR.. Menees, who has been absent for sew
raj weeks visiting prominent places of in
terest in Canada and the Eastern States,
has returned. he was accompanied by his
lady and Miss Mary Dunn,
Capt. Yater, of the Police Department,
who has been kept at home by sickness
since the first of the week, was yesterday
some better, with the probabilities in favor
of early recovery.
John Baxter, of Knoxville, and Hon. En-.
Etheridge, of Memphis, came to the city
yesterday.
Gen. B. F. Cheatham, of Coffee county,
and Chancellor Charles G. Smith, of Clarks-
vile, are in the city.
Gen. j. F. Boyd, Gen1 Sup't st. Louis &
S. E. r. R.; Maj. BE-. Carter, Pulaski; Fl.
A. Steward, Cincinnati, were among the
Maxwell House guests yesterday.
w. j. Slater, of the Winchester Hume
Journal, is in the city.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-08-10
A WORTHY PURPOSE.
House Of Industry for COIOred Child
ren-PetffiOu for incorporation. etc.

House OF INDUSTRY Tor COIOreu Child
ren-PetifiOm for Incorporation, etc.
The colored people of Nashville, or at
least the charitably inclined portion of them
who realize the importance of some well
organized and directed effort in behalf of
the moral training and proper education of
the children of their race in the city and
county VINO are without parental care and
means of support, are endeavoring to
establish House of Industry
10 which such children may
be educated, Taught habits of industry, and
properly cared for. Those most Immediate
ly interes eel in the accomplishment of this
commendable purpose have organized an
association to be known as "rhe Colored
Ladies' House of Industry of Nashville"
and yesterday fled with the Clerk and
Master of the Chancery Court petition
for all the rights and privileges of ineorpo-
ration-the right to sue and be sued, to
plead and be implicated, to hold
real and personal property, to receive
property by gift, will or devise,
holding the same for the purposes Of their
Incorporation, with all the lawful eondi-
tons imposed by the donor, and to exercise
all such powers as are incident to private
corporations. They ask to be thus ineor-
porated in order that they may take charge
of all colored children of Davidson county
that they may deem suitable and proper OBJ
jects Of charity, whose parents may give
their consent thereto, or who being minors
may consent of themselves, or may with
the consent of their guardians be accepted.
The petitioners for these rights of incorpora-
ton are Margaret Kirkman, Julia Brown,
Ella Muhead, Jane Thompson, Emily Hays,
Eliza Walker, Cassands McGavoek, VIM.
Folfert, Alfred McGavOek, George Brown,
Nelson Walker, John Tate, Henry Thomp-
son, Green Scales and Edward Stanberry.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-08-10
Another old pioneer gone.

A correspondent, writing US from Dick
son county, chronicles the death of William
James, a merchant at Charlotte for the last
thirty-fve years. He was born under the
administration of Washington, and was one
of the very few men handed down to us
from the last century. He was in the
Unitsd States army for some three years in
his youth, vas wounded in the celebrated
Lieut.. Scott expedition in Florida, and was
one of the seven men out OF sixty Who es-
capped. Subsequently he served for time
against the Northwestern tribes in Illinois.
His first pension certificate bore the sigma
ture of Calhoun, who was then Secretary
of War. Lamented by all who knew him,
he died on tie Both of July last, it the 18th
year of bis age.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-08-10
A BurxIarious PrOceedtng.

At 8 o'clock Thursday morning thief
broke into the store of D. A. Colo & Bro,
at the corner Of South Union and Spruce
streets, and succeeded in getting away with
a fine overcoat, ba; Of cotton, and some
other articles of less value. One of the pro-
prietors heard the burglar in the house, and
was making preparations to fire salute for
the benefit of his visitor, but the latter, an
ticipating events, hurried out and made fast
time from that part of the city. The bur-
glar was observed by several persons as he
made his exit from the store, and was re-
cognized as a big negro not unknown TO
fame in the line of business be was then
engaged in. Attempts to capture him hav-
ing thus far failed, it is presumed be has
left the city, or gone into winter quarters.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-08-10
Stealing Cows,

Citizens residing on the Granny White
pike, not far distant FROM the city, have
frequent occasion to complain of the depre-
dations OF thieves. The disappearance in
this way of hogs, chickens, fruits, vegeta-
bles, etc, has got to be such common Oc-
currence in that locality as no longer to
create surprise or occasion remark. EN-
boldened by their successes in this line,
the thieves have lately commenced raids
for bigger game, milch cows now coming in
for full share of their special attention.
We know OF at least three gentlemen out
there who have lost valuable cows within
the present week. Circumstances point
distinctly to the fact that these animals
were stolen, and it is very probable that
one of the thieves is now in jail, where be
viii pretty soon be Joined by some OF his
associates in crime.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-08-10
On EyerybOdy,s Tongue-Eul,

On EYerybOdy's TOngue.-Eulogiums
ofthe great National Regeneration ofHealth,
Plantation Bitters, are on everybody's
tongue. This gratuitous UiUd uoce adver-
Using is better than all the paid-for putting
obliged to resort. II has a spontaneous
heartiness about it which carries conviction
to tie mind of the auditor. But it is a we'll
known fact that the proprietors Of the Plan
tation Bitters have never relied upon news
paper bolstering to establish the success OF
preparation which owes its astonishing
popularity mainly to the oral testimony OF
the thousands who have either experienced
or been the eye-witnesses Of the immense
physical good it has wrought throughout
the length and breadth Of the land.
ag6 deod1w6Wlt
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-08-10
A New Play by a Resident OF Nash.
willie.

1t is a singular circumstance that during
the whole of The theatrical history Of Nash
vile, there has never been produced play
or drama from one who has been resident
or to the manor born of our community.
This want we understand is to be supplied
by an actor, mot unknown during the past
winter amongst U.s. Mr.. G. q. Brydon,
who during the heated term, has been occu-
plying himself by writing play, which it is
understood will introduce Katie Gilbert and
the family of Mr.. j. V. Gilbert in a promi-
nent light. A strong character has likewise
been created for Mr.. T. p. Eskew, gentle
man well-known at Columbia, where he
has be51 resident for many years, and an
amateur of much ,orce and natural talent.
1t is understood that during the fair week
in September next, this new play will be
produced a. Columbia by the Gilbert Sisters
during their sgourn t,,lere, and afterwards
at Masonic Hall in this city, winch point
the Gilberts will also visit during the State
Fair in October. Mr.. I. P. Eskew is a
resident of Qua city, and naturally there will
be no little interest to see his appearance
here in q new and original play.