davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-15
COMMISSION or APPEALS.

ALBANY, March IA, 1873.
The following is the calendar of the Commission
OF Appeals for March 15:-NOs. 49, 81, 49, 20, S6 49,
90 ", Is, "a. P5 9S, 90, 101, 102. The Court ad-
iOurned until ten A. M. tomorrow.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-15
kbplNt C0uRT-?ART 2.
Action ON Coutract-Connict or Testi-
mony.

Before Judge Curtis.
John W. Kaupper ct al. w. George II. Rauch-
The plaintiffs, who wholesale iiour merchants,
sold and delivered to the defendant, who is
baker, twenty five barrels OF mixed -four, for $685.
on the eta day OF January, 1872, which the defend
ant denied he ever received. The plaintiffs proved
their case, showing the sale and delivery Of the
Hour and the subsequent refusal OF the defendant
90 pay. The defendant attempted TO prove that he
never received the hour. but his eence was so
weak that the Jury promptly rendered a verdict
for the pantin for the ful amount, with interest.
George Y. and J. q. julius LangDeln for paintirs ;
Jacob A. Gross for defendant.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-15

The following sales occurred yesterday Al tue
kfal estate EAchan-c:=
~ wrLLNR, vfLEtss ASp co
story trlak store ana tot. No 81 Walden lane, l5ie
Nassau iut I.x~A John Nlon.......s.... s<ofU
nv KNNNFltr.
cory n,,A hoI- III ,s,sS John KEW ...'.. 1880
Ia sl. ism a vs. n. q. let av l9x73....... 2iO0
Nv nLsNcKER soN ANp 90
Sstary brown STONE house nnd lot NO W mitchell
PLACE q ilta q, 80 a. e. 1T av lot isN-llo o. .
D. iafTe. Pu..,i.s' ',I'.'''''''i,'';i'"'''''' ssW
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-15
COMMON pLeAS-SPEClAL TERM.
Decisions.

by Judge J. +. Daily.
Rock vs. Finckc.-See opinion and decision with
Clerk at Chambers.
Marsh VS.. Johnston denied. without
prejudice to renewal on further afdavits.
Nelnstook VS.. shaw ct al.-MotiOn denied.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-15

by direction of the Court the jury returned a
verdict of not guilty.
The Court adjourned till Monday.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-15
ClUsI or GENERAL SESSIONS.
An Outrage Upon a Little Girl-The
Criminal Sent to the State Prison for
Five Years.
Before Judge Sutherland.

Several hours were spent yesterday in this Court
In the trial of an Indictment against youth, If
teen years of age. named August Keppler, who
was charged with attempting to outrage the per-
son OF Emily Ida Cherry little girl, ten years DID,
IN January last. The child gave very intelligent
Narrative OF the outrage which Kcppler perpetraed
upon her, and although uncorroborated, the jury
believed the story.
Mr.. Howe alleged that this was conspiracy, in
stgatcI by the father OF the GIRL who admitted that
he was a dealer In policies
A verdict OF guilty was rendered. and the City
Judge sentenced keppler TO the state Prison for
five wears.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-15
A Shooting Case.

Thomas Collins was tried upon a charge OF
shooting James o'Bricn with a pistol a short
time aro, In Madison street The complainant
aud an acquaintance named Weldon swore that
the prisoner approached them saving, Now,
O'llricn, have got you ana Will give YOU all Won
want. ana nrcd a revolver three tiwcs, one of the
shots lodging IN the complainant's cheek. O'Rrien
admitted that he had served a term an the Penlten-
tiary ieioniollr assault. collins claimed that
O'BIien had threatened his life aud that he fired
his pistol IN Eelflefence. The jury rendered YER
diet OF guilty OF an assault VITA n dangerous
weapon. Ne was sent 10 tnc state Prison for three
wears and SIX months.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-15

John kcnncy, indicted for hurgariously entering
the clothing store Of Joseph rylwere 50 East Hous-
ton street. aud stealing sa worth of property,
pleaded guilty. 90 an attempt TO commit the Of
fence. lie was sent 20 the state Prison for two
Years aud siN months.
charles osborne pleaded guilty 20 an attempt at
grand Larceny. the allegation being that on the
2Oth OF February ~ t'uc silver watch and gold
chain, valued az ESQ. tac property ~ joseph Taglc
Peter Reynolds, who. on thf night 81 the sih o the
month. burgafi,usiy entered the premises OF
Johanna Tphin. No. 3 Rutgers street aud stole sa5
burglary Ia the third dcgTce Osborne and
Rrynolis were each sent 90 the state Prison for
two wears.
William Iianon, WHO pleaded guilty on Thurs
day 90 pcut larceny from tue person. was SEN
fenced 80 the state Prison TOT ioEf years.
Charles Harrison. WHO was Jointly indicted with
three Young men for breaking into the iancy goods
store III William y. Holmes. No. 20 flrhth avenue,
on the isfh of January. pleaded guilty. 90 an at
tempt 40 burglary. IL was sent % tue Fenitcn.
uary Coz enc year
Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-14
Foreign News.
The Virginius and Prisoners Again--
Marshal Bazaine-AleXis Ordered
nm Av,othar VnvpvM@v

The Virginius and Prisoners AGain--
Marshal Bazaine--Alexis Ordered
ON Another Journey.
LONDON, Dec. 10, $50 q. m.-Fourteen
persons have been found drowned in the
docks since the late fog. Many other
fatal accidents are reported. .
CALCUTTA, Dec. IA heavy rain pre-
vailed over Bengal yesterday, giving
great relief to the crops. Fears Of famine
are now considerably moderate.
PARIS, Dec. 12.-The Island of st.
Marguerett, off Cannis, has been selected
as the place Of confinement for Marshal
Bazaine. He will DO sent there this
week.
HAVANA, Dec l2.-The Virginius has
gone to Port of Bohiahonda, GO miles
west of Havana, where she will be de.
livsred by a Spanish man-of-war to q
United States vessel. Captain General
Jouvellar has given the necessary orders
for the transfer of the Virginius prisoners
at Santiago de Cuba to an American
man-of-war to-day. The Captain Cen
eral is certain that his orders will be
carried out and the men delivered at the
appointed time.
ST. PETERsBURG, Dec. 1.-THE Car
has ordered Grand Duke Alexis on an
other journey around the world. The
Grand Duke will set out on his tour next
Spring.
Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-14
INSANITY.

The plea OF insanity has so often been
advanced in criminal trials that legal
definition of what constitutes it cannot
fail to prove of general interest. In a
trial of murder last July, in the Seventh
District of California, the Court instruct.
ed the jury that ito establish q defense
on the ground of insanity it must be
clearly proved that at the time Of CON-
hitting the act the defendant was labor
ing under such defect of reason from
disease OF the mind as not to know the
nature and quality of the act he was do
ing, or if he did know it, that he did
not know he was doing what was wrong;
and that the true test of insanity is
whether the accused at the time OF COM
hitting the crime was conscious that lie
was doing what he ought not to do" A
conviction Of murder in the first degree
followed; motion for new trial was de-
MED, and the case was appealed to the
Supreme Court. In a review of the case
the Supreme Court held that the District
Court did not err in charging the jury
that where insanity is relied upon as a
defense, the burden OF proof is on the
defendant, and that 1.-THE proof must be
such in amount that if the single Issue
of the sanity or insanity of the defen-
dant should be submitted to the jury in
civil case, they must find that he is in.
sane;" or in other words that insanity
must be clearly established by
satisfactory proof. There is con.
siderable contrariety in the author
tiles on this point some OF which
hold that it will be sufficient to acquit
the defendant if the jury shall entertain
a reasonable doubt as to his sanity. Blu,
in this State a different rule has been
established, and we see no reason TO de.
part from it. The Supreme Court held
also. that the instructions properly de.
fined the rule by which the sanity Oh
insanity Of the defendant was to be test.
ed" and proceeded: Possibly it might
not be entirely satisfactory, as applied to
every conceivable phase of insanity; but
it is about as definite and satisfactory as
any general rule on the subject could be
made; and we SEQ nothing in this case
requiring tine application of q different
rule, if, indeed, there be no more salts
factory test in any case than that pro.
pounded in these instructions.
Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-14
Pacific Coast.
Last Nights Dispatches.

SAN FRANcrsco, Dec. 13.-The weather
to-day is again stormy. 1t will probably
cause a postponement Of the races at
Ocean View Park, advertised to come of
to-day.
On December 9th, a race OF 20 miles
out will be given at the Ocean View
Driving Park. Entrees closed last night
as follows: W. r. Armstrong names
John Stewart; D. Dennison names Tule
Duck; A. Lewis names Matte Howard;
W. McBryan names Silver Heels; II. l..
Spencer names Henrietta, and s. Utley
names Horace Porter. .-..ta r..
The Democrats and Republicans held
caucus at Sacramento last night but
nothing of decisive nature was accom-.
plished by either.
Downey has announced that he will
not be candidate for the Senate.
In the Democratic caucus SO members
were present. Much excitement was
caused by a statement Of Wallace that
Swift. and Estee had made propositions
through Edgerton and Swift to support @
Democrat for the short term il the Dem.
ocrats would vote for Booth for the long
term. Both caucusses will meet again
tonight. ....
RENO, New, Dec. ia man named
Ross was found dead on o trail, between
this place and Poeville, and is supposed
to have been frozen to death.
ELKo, Dec. l3.-The weather for the
past four days has been unprecedented
in the history of Nevada. The mercury
has ranged from is to 26 degrees below
zero in some instances. Poultry, hogs
and cattle have persisted in well protected
stables. A number of ranchers have had
their limbs frozen, while teamsters who
have been caught out on the rrairief
must perish before reaching shelter
The trains are all delayed in consequence
of being unable to keep the engines from
freezing.
SAN Francisco, Dec. 13.--The bar i:
reported breaking badly tonight pre-
venting the arrival or departure OF yes
sells. The storm continues with slight
intermission.
There was very long and excited SEES
sion Of the Stock Board to-day, and
prices generally ruled higher.
There were so deaths in this city dur
ing the week, and decided abatement oil
the ravages Of scarletina amongst child
rem is reported.
Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-14
Information Wanted,

EDITOR RKooRD:-A day or two ago
had an animated discussion with O
friend, who contended that there had
never been legal execution of the death
penalty for the crime of grand larceny
l was positive then, and am 80 yet, that
there had been one some twenty odd
years ago, and while am sure that the
statute prescribed the punishment OF
death for grand larceny, am still unable
to give any particular instance OF the ex-
IRENE penalty for any other crime than
that of murder in the first degree. Can
you enlighten us on the subject?
... . INQUIRER.
We beg to inform Inquirer" that he
is right. An Act was passed by the Log.
islature Of California in 1850, allowing
the jury, in its discretion, to assess the
penalty Of death upon a conviction 70,
grand larceny, but it was repealed few
years after. And it is also fact that al
least one execution Of the death penalty
for grand larceny occurred in California
in early days. In San Jose, some time
in December, 1851, a. Mexican named
Theodore Basquez was convicted by q
jury of grand larceny, and the jury
assessed the death penalty. He was
prosecuted by John H. Moore, then Dis
trict Attorney, and now practitioner at
the bar Of San Jose. He was defended
by Freeman S. Mckinney, who met his
death at Cavorca, in Mexico, being one
Of the Crabb fillibustering party. Joshua
W. Rsdmsn was the County Judge be-
fore whom the case was tried and by
whom the sentence of death was pro-
nounced. John Yontz was the Sheriff
who executed the sentence. Halls His.
tory of San Jose contains the following
paragraph on the subject: Theodore
Basquez was executed January 3Oth. He
had been convicted of stealing q horse.
The punishment, ct the present day,
seems beyond what justice would de.
mand. In this instance, the punish
ment was not too serve; the victim was
an abandoned wretch, and had been in
dicted several times for crimes for which
he had not been tried" This is the
only instance Of which we have any &C.
count or recollection.
Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-14
-a~ NOTICE OF
Dissolution OF Partnershlp.

NOTICE is HEREBY GIVEN THAT THE
4 co-paFtnership heretofore existing between
me undersigned, in conducting the business Of
man ONeal, II hereby dissolved by mutual
consent, bearing date from Dec. 8, 1873. +. a,
coleman Withdrawing from the business. d r
meal will continue the same, and nav Al, in.
ds6tednss: incurred BY the hrm. and collect ali
oAAi' oue 'ne nfm. I. 8. COLEMAN,
p,... D. T. O'NRAL.
"0''' Oec. Q, 1878. d9-lm
Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-14
Prof Aggassiz's COnditiOn---Firs n
Kansas City, Mo.

BosToS, Dec. 12.-Fears are now en-.
tertained that Prof. E. Aggassiz may
linger for some time in paralitic state.
His recovery is considered doubtful.
The Massachusetts, Dental Society has
resolved that the use Of chloroform in
dental operations is not advisable.
KANSAS CRY, Mo-, Dec. 12.-Howell
& Co.'S salt warehouse, and Darshow &
McQuade's elevator, with $50, 900 bushels
Of grain, were burned tonight. Loss
$50, 900; one half insured.
Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-14

In his message to the California Legis.
lature Governor Booth recommends
amendments to the State Constitution to
strike out the word "white" from the
Constitution, to abolish the special ju-
dicial election. to change the time for
general election from the odd to the
even years, to fix clearly the term Of q
Supreme Judge elected to fill vacancy,
and to prohibit subsidies by the State,
county OF municipal governments.
Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-14
The Senatorial fight in Califorp

lhE CtuatOrlal HBut ID CalllOrnla RACES
with undated fury, and as Tuesday is
the day upon which balloting is to begin.
buzzing will be in order night and day
until that time, and nobody can tell how
much longer. Unless some combination
is brought about in the meantime there
can be no choice. But protracted strug-
giles over the election of United States
Senator are not new in California. In
1851 the Legislature failed entirely to
elect successor to Fremont, and the
year following John B. Weller won the
prize. In 1854 there was an unsuccess-
full effort, in the interest OF David c.
Broderick to bring on the Senate
rial election. In 1866 the Leg
islature was unable to elect OWNS
successor, and in 1856, when ex-
Governor Foote was prominent candi-
date on the American ticket, the defec-
ton of Wilson Flint, Senator from San
Francisco, defeated Foote'S aspirations,
and postponed the election. In 1857
the time for the election of Weller's sue
cessor having arrived, and OWNS seat
being vacant-Gwin and Broderick were
elected. If our memory serves us rightly
there was something of struggle when
the Sage of Coloma-John Conness-
bore of the Senatorial prize. Six years
ago, when Casserly was elected, there
was clear Democratic majority on joint
ballot, but the difficulty was that the
Democrats could not make n choice in
caucus between Casserly, Hoge, Wallace,
Henley, Temple, Howard and others, and
so the Democratic members voted each for
atdifferent person, and one who was not
regarded as a candidate, until finally
after caucusing at night by the Demo-
cratic members and balloting each day
by the whole Legislature for fortnight
or more, Casserly was nominated in
caucus and elected the next day.
1t is common place express
sion that boy can lead horse to
water, but regiment of men can't make
him drink. In the matter of electing
United States Senators, Congress has de-
clared that the Legislature shall vote for
Senator at certain time, but it cannot
compel the Legislature to elect Senator.
Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-14

WHEN an enthusiastic editor describes
bride as bonny. and an envious COM
position sets her up ~ bony, a. was done
at Jacksonville the other day, hope for o
season bids the world farewell, end free
dom shrieks a. the compositor falls at his
form, Drained by the brother Of the
blooming bride. eA
Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-14

Newark Silver Mining Company.-
Location Of works, Ely District, Lincoln county,
Nevada.-Notice Is hereby given that at meet
ing Of the Board of Trustees of said Company.
held on the first day of December. 1873, an as
sessment, mo. 81 of One Dollar and Fifty Cents
per share was levied upon the capital stock Of
said Company, payable Immediately, in United
States gold coin to the Secretary, at the Office Of
the Company, Room No. /, No. 401 California
street, San Francisco, California.
Any stock upon which said assessment shall
remain unpaid on Thursday, the sth day
OF January, 1874, shall be deemed delin.
quent, and win be duly advertised for sale at pub
lie suction; and unless payment shall be made
before, will be sold on Wednesday, the 4th
day ofFebruary, 1s7 4, to pay the delinquent
assessment together with costs Of advertising
and expenses Of sale.
DAVID T. BAGLEY, Secretary.
Ofice-Room No. /, No. sOl California street,
San Francisco, California. d9.td
Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-14
Eastern Dispatches.
CONGRESSIONAL PROCEEDINGS.
The Presidents Course Criticized ia
the House.

tnc nousts
WASHINGTON, Dec. l2.-The Ways and
Means Committee this morning heard
delegations FROM New York and New
England, who argued in favor of the re-
peal of the present tax on saving bank
| deposits.
Cox criticized the course Of the Ad.
miuistration in the yirginius matter, and
made some reflection on the apparent
temper of the House on the subject.
Hawley replied in a sharp speech, in
which be paid high tribute to the dig
nified and conservative course Of the
Administration in the matter, saying that
nothing Grant ever did, from the time
he left until he passed through the
wilderness and came into the presidency,
which does him more honor than the
patient frmness with which be has faced
the Spanish difficulty, and settled i. to
the satisfaction of all. Beck also took
occasion to sulogize the Administration
for its course on Cuban affairs, saying il
there was any thing the President had
managed well, it was the negotiations
with Spain. The President might have
plunged the country into difficulties, and
perhaps have agrandized himself at the
expense Of the country, but the course
which he had pursued had been extreme
ly moderate. Discussion was carried or
for some time longer.
Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-14

ORANGES AND TRADES UNIONS. A
washington dispatch says there were two
subjects which the President was anxious
to speak Of in his message, but the i'm
portance of which he thought was worthy
of special message-the Labor move
ment and the Grange question. Both,
he says, have engrossed his attention for
some time, and when he has the oppor-
tunity he will present his views to Con-
gress. That which most deeply con-
Germs tho President is the tyranny of
the Trades Unions, and the reluctance
their members have of allowing boys to
learn trades. This he thinks is an in
justice to the rising generation, and is
melting foreign labor. which in the end
will result disastrously to our own
artisans.
Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-14
TeIegraphic Dispatches

SPECIAL 10 TEE procHE DAHL RECORD.
Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-14

PHOTOGRAPHS enlarged and highly fn-
ished in oil or water colors, unsurpassed
at Sutterly & Fox's Gallery. Diff
Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-12-14
A NEBRASKA paper says Governor Fur

A NEBRAsKA paper says Governor Fur
mas, Of that State, while the late war
fever ran SO high had offers Of three reg
iments of volunteers for Cuba, and that
copvicts in the State Prison also ex-
pressed themselves as anxious to 90 to
battle in defense Of the glorious country
that guarantee go much freedom.
The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1873-07-30
"A CALIFORNIA RANCH.

Dr. Glenn, Of Colusa county, owns ranch
which contains nearly foity-tive Thousand
acres 1t embraces a frontage Of eighteen
miles ON the Sacramento river and extends
back about iveImiles. II Is enclosed and di-
Ividudsby one hundred and forty miles Of
fencing One tenant-- q. W. Hoop--rants
and eultivstsA shout tsn tlhousa,d acfes of
lantl and tbs GhptonI Drothsls cultivate III
equal portiony SKINS ffteeli fhoosIsuti ucrs.
ara rcnted eout 10 i uI1nsbor II ia4Ysxra
WHO work. ON u Smaller sclIIeg Al i,fa1ant
farming npeisAtiolisae going ofl iii ranch At this
lively rate, as the work Of harvesting Is
progressing rapidly. Hoog Is engaged ii
cutting seven Thousand acres of wheat and
barley. The crop will this year yield about
twenty bushels per mere Of wheat. Ii f:.vora-
bic seasors the yield has beem abo,,t tlY;rty-fiya
bushels. The yield Of barley is considerably
larger The total crop will amount to nearly
100000 bushels. He is thresllinr his grain
with one OF Cases 4S-inch cylinder threshinu
machines, Which is rum by q twenty-horsc
power steam engine. To supply this machine
requires six large-sIzed headers and eighteen
header wagons, all Of which require the labor
OF one hundred and ten horses and fifty men.
The machine has treshcd five sacks Of barley
per minute, at which rate 1t has run for an
hour and half in succession. It has also
threslled thirty-two sacks of wheat In seven
minutes 1t Will require about six weeks to
thresh the entire crop. These are the opera
lions OF Hoog alone Gupton Brothers have
an equally large crop and are driving business
on about the same scale. The smaller tenants
are equally we'll employed. =Sacrameuto
Union. ..ss asa, s; ..ss IS, is
The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1873-07-30

. r . A. "a I
EATING CLoUDs.--Dr, Livingstone, relating
his adventures on the Nyassa, thus tells us
of one curiosity which he fell in with:
During portion of the year, the northern
dwellers ON the lake have harvest which
furnishes q singular kind Of food. As we
approached our limit in that direction, clouds,
as of smoke rising from miles Of burning
grass, were observed bending in southernly
direction, and we thought that the unseen
land on the opposite side was closing In, and
that we were near the end Of the lake. .fs
But next morning we sailed through one of
the clouds on our own side, and discovered
that it was neither smoke nor haze, but count
less millions Of minute midges called "kun-
so /" Ia cloud of fog.) They filled the air to
an immense height, and swarned upon the
water, too light to sink in it. ,s...g 800.
& Eyes aud mouth had to be kept closed while
passing through the living clouds they
struck upon the face like fine drifting snow
Thousands lay in the boat when she emerged
from the clouds of midges. All j 49,.
The people gather these minute insects by
night and boil them into thick cakes, to be
used as relish--milions of midges in a
cake. fy % es a