davidaulloa/AmericanStories huggingface dataset:
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20
Judge Davis Grants IA Stay of Pro-
ceedings-His Reasons.

Judge Davis, Saturday, granted writ
of error and stay of proceedings in the
Stokes case that it may go before the
General Term for revision. His reasons
for so doing he gives as follows. Re-
ferring to several cases in the books, he
said:
1.-The rule deducible from these cases
is briefly this That whenever the judge
to whom such an application is made in
a capital case considers the questions
raised upon the trial, and which may
have affected the result adversely to the
prisoner, to be of such grave moment
and serious doubt, either from their not
having been settled by the higher courts
or because of conflicting authorities
touching them, that in his judgment they
are worthy of the solemn elaboration
of an appellate tribunal, it is his duty to
accord to the prisoner the opportunity to
present them for review, and in such
case the duty should be discharged in
view of the irremediable consequences
that may follow his refusal. The excep-
tions taken upon the trial of this case
are numerous. The great majority of
them deem to be either frivolous or of
such slight importance that they cannot
be regarded as having prejudlced the
prisoner. But, in my opinion, they are
not all of that description"
He then says that he has the gravest
doubts about the part of the charge in
which the Judge declared as a legal pro-
position that the law implies the malice
from the killing and the circumstances
of the case, so that the charges of the in
dictment were fully and fairly made
,NrOvvoI Nv
dence sufficient to satisfy the jury that
his act was a less crime (manslaughter),
or no crime.
Stokes when told of the decision said
it was only what he expected.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20
The Manchester Shooting Case.
FACTORY PoINT, Feb. II, 1873.

FACTORY PoINT, Feb. Il, 1878.
Editor Rutland Herald In THE
HERALD of last week, l noticed a report
of an outrage committed in this place,
together with the compliments bestowed
upon the community, which a portion
of them richly deserved, and to which |
desire to ask the use of your columns to
correct and further report. Something
like year since, one Daniel Sullivan
committed an unprovoked assault and
battery on a poor, simple, inOffensiYe
man, by the name of Orion, who lived
near him, for which Sullivan was prose-
cuted and fined, since which time Sulli-
van has sought every opportunity to
provoke a quarrel with Orion; has
boosted of laying in wait for him nights
with the avowed intention of beating
him, of which Orion was informed, and
frequently had to leave the road and
cross the field to avoid him, orion be-
ing a small, light man and Sullivan
heavy, brawny Irishman. Thus matters
stood until one day last week, Orion be-
ing from home, Sullivan, in passing Or
tons house, called and made some indie
cent manifestations on Orton's wife,
whilst she was doing some chores at the
barn, following her, and making violent
demonstrations, she escaping from the
barn and fleeing to the neighbors. When
Orion returned at night from work and
was informed of Sullivan's conduct, he
was. of course, excited. Soon after
Sullivan returned and sought admittance.
orion demanded what he wanted, to
which Sullivan answered that he wanted
satisfaction. Orion ordered him off,
he wanted nothing to do with him, but
Sullivan, being pretty drunk, swOre he
should come in and have satisfaction.
Orion was alarmed and took his gun,
ordering him off and saying that unless
he went away he would give him salts
faction. but of no avail. 1t appears
that the door, at which he was striving
TO ester, was secured only by a button
on the inside. but there was a hole in
the door, through which one might pass
their hand and unfasten the door.
| Through this, Sullivan had thrust his
hand and was unfastening the door
when Orion fired and put ball through
| Sullivans hand who, thereupOn said he
had "got satisfaction" and at once left
for home, but was so drunk as to fall
| down several times on his way. Orion
| was subsequently arrested and brought
before Justice Green, who bound him
up under $500, to appear at the County
Court. Bail was readily furnished by
sympathizing neighbors.
ToX PoPUII.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20

EDWIN NJ. STANToN's PREDICTIONS OF
THE FUTURE OF SpAIN.-Forney's ch''o"-
icle. Sunday, prints conversation which
Colonel Forney and General Sickies had
with Mr. Stanton Immediately after
Sickles was appointed to Madrid. The
px-Secretary is represented as saying
'tWemugt make no mistake about Spain.
She Is one of our eldest and ablest allies
and behaved splendidly to us during the
rebellion, refusing to open her ports to
confederate cruisers and never plotting
through her ministers here, like England,
against our cause. Spaniards are proud
neculiar race, and we cannot do any
good for liberty in Cuba by hasty action.
Their prejudices must be respected
their interests must not be Invaded, their
traditions must be remembered. Things
are moving in the right way at Madrid.
| know this, gentlemen, There is new
Spain, and you will both live to see a
solid Spanish republic there If we can
only restrain our politicians. About
Cuba, that pear Is ripening, and VIII
fall as soon as the days of kings are
snded in Spain.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20

TIE BooT ON THE OTHER LEG.-Ihe
converse of the trick that York resOrted
to compass the defeat of PomeroY was
once successfully tried in State little
east of Kansas. At critical state of a
contest for the Senatorship, some years
ago. member approached a gentleman
who was actively engaged in forward
inc the interests of one of the candidates
and intimated that he, the member, was
visible. in other words, that he was to
be s'sean, adding something about tye
hundred dollars in that connection. 10
whom the gentleman approached thus
replied X. when you take your
seat in the caucus this evening, you Will
find at your right hand Mr.. \. Before
casting your ballot, you will quietly eN-
hibit il to him, and he will observe that
it bears the name Of Z. (the speaker $
candidate), else your proposition Will DC
exposed to the entire legislature to-mor-
row morning." X concluded that on
the whole that z was the best man for
United States Senator, at least Us IN
spection of his ballot was satisfactory,
and nothing more was said about the
matter.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20

NEyADA's SENATOR ELEcT.-An eX-
change contains the following biographi-
cal sketch of Hon. John P. Jones, re-
Gently elected United States Senator
from Nevada F.:
Mr.. Jones was born in Hay, Breck-
nockshire, South Wales, about the year
1923. and he is now A years of age. In
1880 his father. Thomas Jones, emigra-
ted to America, and 0ettled with his fam
lily in Cleveland. Ohio. at which place
he resided until his death, which occur
red in May, 1871, at the ripe age of 10
wears. He carried on a marble manu-
factory there. Hon. John p. Jones is
one of thirteen children, of whom eight
sons and three daughters are now living.
Three brothers and one sister reside at
Cleveland, one sister is at Hartford, CT,
while the remaining members of the
family reside at Gold Hill. Nevada,
where his brother Thomas is auditor,
and James NJ. a successful lawyer John
p. Jones worked in his marble manufac-
tory for many years; but when he went
to California in 1S49, was clerk in a
bank in Cleveland. He received only a
common school education, but was al
ways at In6 nedu Ol MS class liz bS-
came an active politician soon after his
arrival in California, but for the first five
years his energies were devoted to adj
vance the interests of others. He soon
felt, however that he was as well quail
fed as others to fill official positions. and
in 1856 said to a cousin, ''James, l am
now going to work for myself, for L
have worked long enough for others !;
and am not going to visit home before
| am elected to the Senate of the United
States" His cousin laughed at him,
but he came near being successful then.
In April, 1870. his father being seriously
i'll, he and his brothers returned to
Cleveland, where they arrived six days
before his father died. We believe that
Mr.. Jones is the first native OF Wales
elected to the United States Senate.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20

taken up for the North End Mission,
with which DR.. Tourjee has for long
time been connected, and when he was
leaving to start out lecturing on Congre-
gational singing the officers told him the
least he could do would be to take up
collection for their mission from each
congregation before whom he delivered
free lecture, and he has so far COM
piled with their wishes. We did not
learn the amount collected, but the
charity is worthy one and it should be
large.
Since writing the above we learn that
twenty-five dollars was the amount col
lected and paid over to DR.. Tourjee.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20

seem to be corrupt. We have no doubt
that the perception of this fact, which
has been refreshed by the Credit Mobil-
Ter inquiry, will be of great public SER
vice. Members will henceforth under
stand that the public conscience is very
sensitive upon this point, and that when
high duties, which is but another name
for special favors, and subsidies are vot-
ed in Congress, the ayes and noes will
be carefully scanned and analysed, and
those who have sustained legislation
which favors their private property will
be pronounced corrupt. = Harpers
Weekly.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20
MIDDIEBURY.

Governor Converse, on the Sd, par
doned J. B. Parker from confinement in
the State Prison. He was convicted,
June term of Addison county court,
1871, and sentenced for three years.
Charles ST. Charles, of Orwell, was
also pardoned at the same time. He was
convicted June term of county court,
1872, for larceny, and sentenced for TIVE
wears. | hope these men will now set
about living honest lives, and show to
their friends that it is not too late to re-
form.
Mr.. c. G. Huntington of our village,
while living at Mr.. Isaac Lovett's, a few
weeks since, went out to muddy brook, :
and through the ice, caught most splen-
did trout, III inches long, weighing
about 2 pounds. This is fine luck for
winter fishing.
The Elittle infant baby of Mr.. H. +.
HAYDEN, a few days tince, while play
ing with large dog, hurt his (the dogs
foot that had been injured the day pre-
vious The dog turned upon the baby,
and seized his head in his mouth, larce-
rating the scalp in terrible manner and
biting him with savage gr0wl. 1t was
a wonder that The little fellow was not
killed. | am happy to state, that while
he was severely hurt, he is rapidly get
ting better. The dog has left these parts,
and probably will not return.
The new Methodist Episcopal
church recently erected in Granville, VT.
will de dedicated to the worship of AL
mighty God, on Wednesday, the 10Th.
Rev. A, F. Bailey, Is to preach the SER
mon upon the occasion.
The four days meeting held in the
NJ E. church, in our village, during the
past week, was well attended, and was
quite interesting. Most excellent ser
mons were preached by. Mr.. Beaudry,
Rev. Mr. Mott, Rev Mr.. Pickett and
Rev. Mr.. Davis. "CANDoR."
Middlebury, Feb. II, 1878.
TIooNDERoGA.
Hon. G. II. Delano is seriously i'll,
and it is feared that his disease may ter
inmate in consumption.
A revival is in progress in the Meth
odist church, under the direction of the
pastor, Rev. James L. Slason, assisted
by the celebrated revivalists, Mr., and
Mrs. Barker, of Troy.
A survey for railroad, between
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20

ARARE SToNE.-A. NJ. Stewart, one
of the locators of the great grand depos-
its on the summit of the Sierra Nevada
mountains, California, has shown us
stone that is different from anything we
have over vet seen. The stone appears
to be a ruby, and is doubtless of great
value. Mr.. Stewart has several times
been offered from $50 to $500 for his
tfind." but has always refused to sell.
The stone is surrounded by ring of
white stone of peculiar formation. The
gem, or central stone, is about the size
of a ten-cent piece, while the whole
specimen is about the size of half dol
lar. This stone being viewed by pow
erful glass shows the most wonderful
rays of light-rays more than rivaling
the aurora borealis-with specks of gold
and silver. Mr.. Stewart picked up the
stone from the surface gravel in a ravine
upon his claim. He sent it to San Fran
cisco to lapidary, asking that 1t be cut
on one side. The lapidary tried to cut
it, but made poor job of it. He got
off some of the rough outside shell, but
was unable to make much impression on
the stone itself. We saw the hardest of
files used upon it, and they did not even
make a scratch. The owner of the stone
informs us thet three other stones OF the
same kind are in the possession OF the
Indians of that region, who hold them
in great respect as talismans, and refuse
IN mart with them at any price. BY
showing one of these stones an Indian,
for instance, may pass through all the
northern tribes of Indians. The stone
is certainly great curiosity, and we be-
lieve this is the only one ever seen in the
hands of white man. 1t is in the shape
of magnifying glass, being thick in the
middle. 1t is probably quarter of an
inch thick in the center, thought but
about half an inch in diameter. Being
cut on one side only, and poorly cut at
that, it is hard to judge of the full
beauty and value of the stone. The
owner does not call it a ruby, but thinks
it new and rare stone, unknown to the
lapidaries. 1t is certainly most unique
and beautiful GEM Virginia cay Eve
udda) Enterprise.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20

4 RESULT OF CARELEssNEss.-T
Burlington Free Press d Times says
Few persons realize how large a per-
centage of the losses and detention of
letters in the mails is due to careless di-
rection. We may mention a case in
point. The Postmaster of Burlington,
Mass, living in a community so small
that he can know all its members, Is in
the habit of sending to the post office in
this city from time to time the letters
received at his office, which he perceives
cannot be intended for persons in that
village Three or four days since pack
age of ten letters was received here from
the Massachusetts, Burlington, all plainly
directed burlington, Mass" and all
but two intended for business men in
this city. The last package previously
received two weeks before contained
nineteen misdirected letters, twelve of
which belonged to persons residing here.
Here were twenty letters INSTRUCTED to
a single post office in three weeks time.
AS there are no less than eighteen Bur
lingtons in as many States of the Union,
the Massachusetts, Burlington probably
gets but small share of the letters in
tended for Burlington, VT, but directed
to some other State, most of which
reach their destination, if at all, through
dead letter office.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20

AN EXTRA SESSION. progress
has been made in the appropriation bills,
in the House, as to reduce very much the
apparent necessity of an extra session.
Pertinent to this question it is reported
that the President recently remarked
that the Government had money enough
to last until the first day of July, and in
case of the failure of any of the appro-
priation bills, he saw no necessity for
converting Congress before that time
This is significant.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20
CASTLETON.

MIR. Fayctte Smith, after residence
at the West of twenty-five years, has re
Gently returned on a visit to his father.
Joseph Smith, who is living at the ripe
old age of nearly 50 years.
W. G. Langdon has been circulating
a petition for signatures, praying for the
enactment. by Congress, of a National
Prohil tory law, suppressing the sale
and use as a beverage Of intoxicating
drinks. One hundred or more names
are appended to the petition.
C. ). Sherman, Esq, has bought the
Widow Curtis place, on the corner of
South and Main streets, paying therefor
thirty-one hundred dollars. The family
of d. d. Cole, his son-in-law, win oc
cupy the house.
Isaac NJ Guy has been elected cash
Ter of a new bank recently instituted at
Whitehall, L. J. n. Stark as President.
His connection with our bank, of nine
wears, will soon cease. He accepts of
his new appointment with an increase of
several hundred dollars yearly salary
Mr.. Guys reputation as a correct ac-
countant is we'll established. He has
been a resident of CastletOn twenty
years, and we supposed he had become
permanent institution among us-but
such is life's changes.
James Homage has exchanged his
farm, near the pencil mill, for cash and
Western lands, with Mr. Hines of Rut-
land
The longest funeral procession wit
messed in town for many a day, followed
the remains of Robert Hanley of East
Hubbardton, to the Catholic cemetery,
for intermcnt, at Fairhaven, last Thurs
day. Funeral mass was celebrated at
the church in this place, the Catholic
pastor from Fairhayen officiating,
A festival and lecture comes off at
Town Hall, on Tuesday evening, for the
benefit of the Catholic Church here.
The lecturer is Rev. o. G. Onge. His
subject is THE American Indians
A SIX weeks series of evening meet
ings at the Methodist church, terminated
last Saturday night The pastor was
assisted last week by Rev. Mr. Walker
of Fairhaven, and Rev. Mr.. Wood of
P0ultney. For two weeks the meetings
were unusually animating and interest
ing, from thirty to fifty bearing part,
a goodly number of them new converts.
Rev Mr. Myrick of Middletown
supplied the pulpit at the brick church,
last Sabbath morning, preaching an eff
fective discourse, from Psalms, chap. SO,
and 9th verse, the object of which was
to illustrate that salvation was the chief
concern of man" A good many extra
meetings have been held by this church
since January 1st. The results, how
ever, are not as favorable as would or
could have been desired, still some good
has been accomplished in the work of
the Lord r. W. r.
Feb. Il, 1878.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20

AN ExILE's RETURN. Henry Billiard,
a former resident of Saratoga who was
exiled to Van Dieman's land for thirty
seven years, returned home on Tuesday,
broken down and disheartened at his
misfortunes and ready to die. The fol-
lowing is an abstract of his statement
made to a reporter of the SdrGtogi0n.
He stated that he was sixty-eight years
of age and was born on the shores of the
Sacandaga River, and about six or seven
miles west of Rockwells Falls (Hadley)
in this county When a young man he
left his native place and went to Kings
ton, Canada. At that place he engaged
his services to Joshua and Amherst
Legge, lumbermen, and went back into
the then almost wilderness, where he re-
manned for some fourteen or fifteen
months numbering. Desiring to return
home he emerged from the woods back
again to Kingston, where he learned
that every Canadian was in fever of
excitement over the Papineau war,
which in SO and 81 gazed them in the
face like a CHASTITY spectre. AS was the
case at that time every stranger was
looked upon as Papineau ally, and Mr.
Billiard was unjustly arrested and incar-
cerated in the government prison on
suspicion of being rebel and transport
ed to Van Dieman's Land, Englands
penal colony, and began q servitude,
which almost encompassed his life.
Years passed on and his friends knew
not where he was or whether alive or
dead. AS time passed on Mr.. Billiard
made continued efforts to secure his
freedom, and finally secured it Novcm-
Der, 1871, since which time he has been
slowly making his way here. Reaching
Buffalo he was Frustrated some time by
illness, and at one time feared he would
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20

Referring to the fact that few da,
since Frederick Douglass was refused Il
entertainment of the two leading hote
at st. Paul, Mimi, the Washipgte
Chronicle says: "Hotels seem 10 be D
last refuge of base born prejudice Il
is blind as bat alike TO its interest ar
the demands of true sentiment.
The inhabitants of the town in Texs
to which Colonel Forney presented
public library have sold the books !
invested the proceeds in sixteen drc
guns and a hour barrel full of bue
shot.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20

CUBA.-The news of the abdication of
King Amadeo and the proclamation Of
the Spanish republic, published Sunday
afternoon, bad the immediate effect, in
HAVANA, of unsettling business and adj
vancing the premium for gold to twenty
five per cent. General Challos will
issue proclamation declaring that ey-
erything will remain as hitherto respect
ing Cuba's relation with Spain, and he
with other Spanish officials will obey
whatever government is constituted in
Spain. The most intense excitement
prevailed among the people, the city,
however, remained tranquil.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20

never reach his old home on the Sacan-
dags- When he got to Schenectady he
was overjoyed to learn, in conversation
with man who purported to know,
that his elder brother and younger sister
were still living.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20

The new national flag of China is said
to resemble an old bedquilt With Holsters
running around the edge.
Georgia papers say that the farmers
of that state are preparing to plant
largely increased average of cotton.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20

Gross CARELEssNEss AND RESULTING
ACCIDENT. - One day last week the
parents of four children residing in
tenement house, at West Milton. filed
lamp, holding about quart, with
kerosene, lighted the lamp, placed it on
a table and then went away, leaving the
children alone in the house. One of the
children, a little girl some four years
old, in playing, pulled the lamp over.
In falling it broke and the kerosene
taking fire alighted on the child. Some
young men passing by the house, heard
the terrified shouts of the children and
rushed in; seeing the child enveloped in
flames, one of them seized it by its
ankles and dragged it to snow drift
where the flames were extinguished.
Though badly burned the child is, it is
said, likely to recover.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20

OKLAHoMA.-The Senate committee
on Indian affairs have agreed to the bill
establishing civilized government in
the Indian territory. 1t provides for the
appointment of Governor, Secretary,
and Judges by the President, and for the
election Of a territorial Legislature by
the people. The friends Of the measure
expect it will be acceptable to those who
opposed and defeated a different bill
with similar name in the House re
Gently.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20

WOODEN SHIPS. Captain John w.
Griffiths, a veteran ship-builder and
naval architect, well known throughout
the east, visited the President, Wednes-
day, and presented circular letter, in
which he sets forth at length, and with
a compilation of important facts, the ad-
yantages of properly built wooden ships
over those built of iron. He claims for
them not only greater strength, but
greater durability, and claims, in behalf
of the ship builders of the country, the
error of attempting to foster iron ship
building to the neglect of the wooden.
He claims that Great Britain only COM
meuced on iron when her timber gave
out, and she was compelled to do so. At
this juncture the facts he sets forth are
worthy of serious consideration.
Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20
Out of Town Notes.


Mr. and Mrs. II. G. lIibbard held
reception at their residence on the even
ing of the 18th About seventy-fve
guests We're present including a number
from POUltney. AIrHEUs.