davidaulloa/AmericanStories huggingface dataset:
, 1874-03-14
Decision in a $5oo,ooo Suit.
Judge FarWcll Allows Nlr. Wilder Il
Retain Ills Block.
Exhaustive Review Of the Testimony
in the Case.
The Bill Dismissed for Total Want Of
Equity.
The Usual Appeal Taken.


-
caao or .1o,,n Kim 1r saa;.a. t n ,u',.,. ~ ~
| .atus,,.;5, mug, ~, @6aslia' ~ nHaef'
y'ssofaay morning Ut 1oo. The suit ia Of aono
interest aB Involving tho titlo to the Wildos
| following il n fu1l abatrac
| Tn th;s coso ~ 1,,,,s 1v;,,a
corafn,'v sv -. ms ~ y. "nasl nave oot0so
ments, and tho briefs Of counsel aud the author.
! tics cited, and cndeayored to un1orstnnd tl,a
cauo beforn nm n cvino nv 5ooa,nm a,'n,l III
mi o+ton,,t T., ~ aaa .;.{ ~ e'ea.o'. on''1
th"t nnrpan so u'ut ml' sl!.a easo ,ny, 80
full understanding Of it, because that ia unneo-
ossary; but shall eudcayor n,ere]y tn stato ao
mucl, ~ poous to bo necessary r., orcr @ that tho
conael and nart;es W. sho or ~ 41ust t ..n' te
case may understand the grounds of my decision.
THE FACTS IN THE CASE
necessary to be noticed III my decision. ~ npnoar
from tho evidence are That On June a. 1ssg tt' at
oo'ofnmohE salo IN Chlcago OF lots, Mr. King
WIS Prosont, and purchased Lots IS mud IL.
Block Is, Fort Dearborn Addition, II annears
TINT what he pnrcbasod ,vaa i, fact yor t,,a ;ot
noaoat .,,1 ;,,..s. ~ ">e 40 law 4oi .no Io'as
ponen' ""o 'a'oseat u hlhlselt and Mr. Aich-
ardson, friend or connection Of his;
that other lots wero purchased at tho same time
under the aamo arrangement, for tho eat,o nar-
%Sntrs &t.nkh IL, 49,
sio -, .4'.s 49, ~. .sn.'ou .a" iurh'suoa pos
LION .. inc money, ana tnat 1t was understood
that the lots were for thcir Joint bonefit.
For Bono REASONS; the certificates Of sato wero
made out to Mr.. Aioorc. a amrtua, frtond and tto
notanta .7oro .sa =. ~ sIas". ,'... "u1 WV
H. $50 w., ~ Nii' htooto, ons teahy ZOE
tlo peaent OF Mr' King and MIR. Richardson.
Un tho 9Th OF September, 1889, Mr. Richard.
son aud AIr. King malo q stafamnut IN
writing s;onad hv +},ovu,1,,os 1oo,..,,,~
t,,,t 11,,x, ts', 4 uoo'".'us
LA si'as .,y sloy ne.. tnoso TWO 4o!s toeotner.
thas, 'nos m1ss Jo".!y aau equally lntereasod IN
,'on =, tIoaa w.. aa11plagnty ace convey
ciai ur oa intn ~ M py spe-
gu. cta "atiaty a, ~; uega o9Vehant1mE against s own
aaa9 "iIn y "as uateu tAo 3Uth OF November,
iS1e iS9e' ~ ~ was no. acKogloaged until April y,
~ H., non H inuoaoa um.lt oMy laas pue as far
1ar sno o'iaoue suo"s thn oeod was probably dc"
lssoaou ~ .' ap1nt tue MMe IL "as Dated
u waa eonH!aefeu as denyered. 'on tho 9th OF
suiy' io44i Mr; Alng anu mr.. Aschardson made .
@ III "llslhg, stat1hg that they we're
noluihs 1hcse !ots tosethor IL Mr. Nte!lardaon's
name tnat mr. Nichareson was to hold the half
WI. Ma,en nol9n?eu 70 Mr: ~ neg, ~ security Tor
~ " aA.oa tnas aay OF s!.lo, WINCH 10 claimed
60 Do nMior5eage e OF MS unulyldod hnlf equitable
interess ~ tiioso iots 70 secure the payment OF
tH1t p, 4uo' Gn tne 1lss OF beptomoef, 1876,
tnas memofandum OF July b, leAl, aud the note
glyen nt Inc same tino, wore gwen up anu cnn-
celau' anu ano1ner slIllar memorandum was
gwen, slguea ny pom phfticst WITH q new
noto 1or Ss3o, |llich ~, IN substance,
, 1874-03-14
n EDl1lAlo &)nu]ist,

nfiHa CLARA i. pllmptou, Of boston, received
diploma a. Tho commoncoment of tho Qpltl.al-
mic 11ospital IN this city laat night, the proyl.
don't stating tllat gto wnH the only woman who
eyor received q diploma from that hospital, aud
tho onIy ono III the Unlto.i States who posaeHaed
diploma for tholr spavialuea.
, 1874-03-14
GILMAN, CLINTON & 9pn1NqFIELD

HufciAi DiaLMfrh Ia YAA Ghitaao Tribune.

Special D*tAfrh to I'hs 0hteapo 1ftbuae.
IsLooM1NaroN, ILL.,, March 19.-lhomaa A,
Seutt and Hugh J. Jowe.t, TruBtooa for tho trst
mortgage bonds OF tue Gilman, Clinton Il
5pElugaeld 1soa.l, Aayo filed IL petition III tho
Mclean Circuit Court, ayhing that the Court
nake decsoo requiring Hocovor uinukley to
, 1874-03-14

Leaving nat ea.nings In 1873. ..... $ D,41b, ~
The net earnings for 1879 wore 1927, u52. 10,
rhich shows al increase in 1878 Of 81, ,197'u51.8U.
THE LEASED 11NEB.
Tho earnings Of tho United railroads of Nav
Jersey and bra,!cnos, and the Philadelphia l.
Tlcl.ton llailroad in all ZIG miles. woro III 1873,
e'5,5tG, 73003, and tho expenses during tho sumo
period Of time wore e6,7D2, 1s5.05 leaving net
earnings in 1873 g, ,724, ,6Si;ss; Tho earnings Of
tho Delvidere i Delaware 1lailroad, So milcH, and
tho Bloomington Branch, IL lniioa wero, in 1B7S,
81, l4s.2a2.7o: while the expenses during thesa1no
time wcre 1926, ,0l2.d5, leaving surplus Of
e.522. .8lo.l1. Tho earnings Of tic Delaware Il
Martan Canal IN 1873, OH a miles Of canal aud
IT miles Of fcodor, we're 81, 500, ,100.1a, and the
e4penAeg wero s86s, ,82l.4U, leaving not earnings
OF e'19B,4l0.D1.
Tie earnings OF tho Philadelphia Il Eric Rail-
road in 1879 wero a3,849, ,o67. 20. Tho operating
o,I oxenses ai during tle same period ss 41s
!inos west Of Pittsburgh have hoon LEAKED to tho
ponnByyania Company which y direront Or
Company, but both organizations are managed
by Thomas Scott, wllo 10 tho Vice-president OF
tile fur1ner, and President Of thu latter, Com
pnny.
The true northerner., 1874-08-07
EyDlOsiOn of Oil.Tanks.

A terrible explosion recently occurred
at the Standard Oil Works, near the
Forest street crossing of the Atlantic
and Great Western railway, in Cleve-
land Three men were engaged in
drawing crude oil from train of oil
tanks into reservoirs below, by means of
pipes. One of the men went to the top
of the tanks to open the man-hole, when
the gas from the oil ignited from lam
tern the man carried, and exploded with
terrific force. The men were thrown
some distance from the cars, their per-
sons covered with burning oil, and sur
rounded by mass of flame. No help
could reach them, and not until the fire
had abated were their crisped remains
recovered. Six oil-tanks exploded, one
after the other, scattering the burning
oil in every direction. The cover of the
man-hole being off, the seventh car Of
oil burned out without escaping. The
oil-sheds along the railroad track were
destroyed, and it was only through we'll
directed and strenuous efforts of the
fremen and citizens that widespread
confagration was prevented.
The true northerner., 1874-08-07
4 PERSIAN VISION.

Abou Ben Adhem was annoyed one
morning by an elderly gentleman, who
desired to learn the ideas the Persian
sage had OF the hereafter; particularly
as TO the style and quality of people
who would be likely to reach state of
future bliss.
Abou removed his chibouk from his
lips and moistening his throat with q
long draught of sherbet, spoke to him
thus
My friend, many hundred years ago,
when l was comparatively young man,
dreamed one night that had shufiled
off this mortal coil, and was in the
land of the hereafter. Methought l
was decently deceased, had been gem
teelly buried, and tombstone had been
erected to my memory, on which was
inscribed enough virtues to furnish a
dozen. blushed spirit-blush when
/ read that tombstone and discovered
what an exemplary man / had been,
and likewise wept q spirit-weep when
I thought what a loss the world had sus-
tanned in my death.
L ascended and was knocking at the
outer gate of Paradise for admittance.
The season had been q very healthy
one, for a national convention of fifty
physicians had been drowned while TAX
ing q steamboat excursion on the Per-
sian gulf, so the doorkeeper had but
little to DO while NV case was being de-
cided. / whiled away an hour or two
ascertaining the whereabouts of my old
acquaintances, who had deceased the
ten years previous.
rTIt,oyo o,.o 1orc-o ,,uV,I,a,. &C ,,,,-
friends up here - / remarked inquir-
ingly.
mot very many" was the reply.
Ebn Becar IS here, / suppose ?"
" Not any EbA Becar," was the an
swer.
"I am surprised" answered.
=" Ebn Becar, the date-seller, not in
Paradise Be chesm, no man in Ispa-
han was more regular in his attendance
at the mosque. and he howled his prayer
like a dervish. He was exceedingly
jealous in keeping the faithful in the
line OF duty. s"
" True, said the doorkeeper, "true.
But you see Ebn kept his eagle eve so
iintently liked on his neighbor's feet that
MS own got OIL the road, and when he
Puile9 up 10 wasn't at the place he had
eallculaVeG' his prayers were pleasing
70 true peheyer, but as they were not
backed up by doing things in propor-
ZION they tailed to pass current here. "
How Jared it with Hafiz. the scribe >
He was charitable. No man Ca cave aelrDT ,,,oro
TO the poor than he" -'iO-'
q" Hafz did give many sbeckles 70 tbo
poor each year, but il was the wev be
gave it that spoiled the effect of of his
character. He gave not from any Nv love we
The true northerner., 1874-08-07
The Code.

In giving his reasons for not accom-
panying General Hodge and Judge Ma
Tor, of Kentucky, to Canada, Tor the
purpose of fighting duel with the lat
ter. VIM. Cockerell, managing editor Of
the Cincinnati Enquirer, speaks as fol-
lows eff / acknowledge the right OF
every public wrong-doer, whose acts are
discussed in the Enquirer, to challenge
me To mortal combat, wonld find my
time so thoroughly taken up with affairs
of honor that / would neither be able TO
earn livelihood nor serve the pubic.
l have already expressed the opinion
that in this day the code is the refuge
of swashbucklers. have no ambition
save in my profession. L have no aim
save to serve the public. L have no
pride save in the Enquirer and my
own good name. / have no regard for
q code which the representatives OF my
own State, as well as those OF the Com
monwealth which contains the body OF
George Il. Hodge, have made as repre-
hensible as horse-stealing and highway
robbery. / have made no arrangement
With the British Government for the es-
tablishment of a postoffice address IN
the Dominion OF Canada but If there
is lingering doubt in the mind OF
George b. Hodge that L am lacking III
the physical courage necessary for the
protection of my name and the pursuit
of my profession in Cincinnati, it is
possible that upon application he will
receive satisfactory evidence to the con-
trary. 1 propose to reside in this city,
and follow my profession, without in
reference from blackguards or intimi-
dation at the hands of so-called gentle
,,,a,, -
The true northerner., 1874-08-07
The National Life Insurance Con

THE National Life Insurance Com
pany of the United States Of America had.
on the 1st day of July, S3, 366, SS5 in good and
available assets while its total liabilities at the
same date were -, 1913, 269. The loans secured
by first mortgages amount to considerably
more than the total liabilities The low rates.
the large capital, the definite contracts, and
the liberal policies of the National, render it
especially worthy the confidence and the
patronage Of the public. 1t is a national COM
pany, chartered by Congress. The business is
done at the principal branch Office, Chicago,
Illinois. John V. Farwell, President. Applica-
tions for insurance can be msde through any
of the agents. Applications for agencies
should be made to the Chicago Office.
The true northerner., 1874-08-07

"THE shingles upon the roof of the
First Congregational Church in East
Haddam, Conn, says the New Haven
Register, "were placed there seventy
nine years ago, and the roof is still
tight The Rev. Isaac Parsons was
pastor of this church continuously for
twenty-four years, and the late Jere-
miah Hutchins was deacon for forty
seven years. The folks of seventy-five
years ago were pretty good judges OF
hingles and parsons"
The true northerner., 1874-08-07

nately stone-blind. They told him of the
torn-up streets the new quarters build
ing; unfinished new houses old houses
in state of repair; new streets open
ing-in short, all thevast Babel schemes
for developing the city begun and in
their first incompleteness Sermoneta
exclaimed:
"The city must look like a mouIting
cOckatOo ,"
The true northerner., 1874-08-07
EXPERIENCE OF YEARS.

CHARLEsrowS, Mass, March 10, 1869.
Mr.. II. r. STEVENS:
This is TO certify that have used your "Blood
PREPARATION (VEGETINE) In my family for several
years, and think that for Scrofula or Cankerous
Humors, or Rheumatic affections, IL cannot be ex-
celled; and as blood purifier and Spring medi-
cine IL is the best thing have ever used, and
have used almost everything. 1 can cheerfully
Yours respectfully,
MRS. A. A. DINsMoRE,
10 Russell Street.
The true northerner., 1874-08-07
WHAT is NEEDED.
BOSTON, Feb. i3, 1871.
Mr.. II. r. SrE'

40. ~ n e BOSTON, Feb. i3 1871.
Dear Str-About one year since found myself in
aieoble condition from general debility. VRGE-
TINE was strongly recommended 90 me by q friend
who had been much benefited by it's use. 1 pro-
cured the article, and after using several bottles,
was restored TO health, and discontinued its use.
reel quite confident that there rs no medicine
superior 20 10 for those complaints for which t is
especially prepared; and would cheerfully recon-
mend ~ 70 those who feel that they need some-
thing 10 restore them TO perfect health
Respectfully yours,
U. l.. PETTINGILL,
The true northerner., 1874-08-07

VEoKTINE extends its influence into every part
OF the human organism, commencing with its
ioundat,on correcting diseased action and restor-
ing Nitai powers, creating healthy formation and
publication OF the blood, driving out disease, and
Ieavtng Nature to perform its allotted task. VBo.
ErINk 10 sold by all druggists,
The true northerner., 1874-08-07

To have the money needlessly spent every
year would give substantial comfort to almost
every person. TO have the money saved by
buying SILVER-TIPPED boots and shoes
would buy each parent every year new pair
of shoes.
The true northerner., 1874-08-07
A MILLION SUBSCRIBERS WANTED FOR
"A THE w A SIDE
Beautiful Christian Weekly!
unseetarianl Tor all classes and all ages.
INhl INDY

4l6 super-royal octave pages, double columns,
and nearly 100 ILLUSTRATIONS yearly. The
cheapest illustrated DOLLAR WEEKLY in Amert-
ca. Subscribe to-day. Address, ThE WAYsIDE,
COZ Market-st., Wilmington, Delaware.
ILLUSTRATED WAISIDE MONTHLY
(magazine), Sl.OO year SUNDAY-SCHOOL EDl-
TION once month, single copies 20 cts; 10 copies
50; twice month, single copies, co cts 10 copies,
81. order nowi or send 10 cts. for specimen num-
bers of all editions.
The true northerner., 1874-08-07
"Truth is Mighty, and will Prevail -
" = G. I: 7 NJ e
PURIFIES THE BLOOD AND RE-
STORES THE HEALTH.
SEvENTY.0NE YEARS OF AGE.

EAST MAnsHFIELD, Aug. %, 1870.
Mr. II. r. STEVENS:
Dear Sir-I am seventy-one years OF age; have
suffered many years with Kidney Com plant,
weakness i'm my back and stomach. was induced
by friends to try your VEGETINE and I think it
the best medicine for weakness Of the Kidneys I
ever used. have tried many RENE edies for this
complaint, and never found so much relief from
the VEGErINE. 1t strengthens and invigorates the
whole system. Many OF my acquaintances have
taken it, and believe it to be good for all the COM
plants for which it is recommended.
Yours truly,
JOSIAH IL. SHERMAN
The true northerner., 1874-08-07

tear the house from its foundation. As
the house was being swept down the
street, the father of the family was seen
with a child in his arms at a window,
and crying "If you can't save me.
save my children" About a hundred
feet down the street. the floating house
struck against the corner OF brick
building which stood fast against the
food. Tho floating frame structure,
already weakened, was dashed into
pieces, and the entire family was swept
away down the run. The body of Mr..
Mattern was recovered n quarter OF
mile below, while those of the mother
and one of the children were swept
down to the oil works nearly mile be-
low.
Mr.. j. Carver, one of those who saw
Mattern's house go to pieces, was at
the window of his house. He says
that he had been watching some bar
rels of hams and pork which he owned,
and which he had stored farther up tue
run, float past. He saw Mattern's
house go past, heard his piteous but
unayailing cry for help, and saw
his house dashed to atoms. The next
moment it occurred to him to seek
safety, and taking his wife, he escaped
with her to the hillside. When the
storm subsided, and while stream was
still sweeping breast-deep down the
road, he waded up to where relatives
of Mattern resi..ed, and told them of
the calamity. Mr. Philip Weber,
brother. in-law of Mattern, informs us
that, with his wife, they were driven to
the upper floor of their house, not hav-
ing time to escape before the lower
rooms were flooded. He says that he
expected that the house would be swept
away, and told his wife TO watch, and
when the house struck building some
distance below, to Jump on the roof of
hillside. The house did not sweep
away, and after about half an hour the
flood went down. Shortly after that
Mr.. Carver came up through the still
flooded street, and informed Mr..
Weber and his father-i law, Mr.. Mat
tern, of the destruction that had be-
fallen their son and brother.
These incidents may, perhaps, give
the reader faint idea of the terrors of
the night. To describe all incidents of
escapes and of distinctions, which oc-
Cured along that fearful two miles,
would fill volumes. A short distance
below Mr.. Mattern's, Mr.. John Wink
Ter, his wife, and child were drowned.
Mr.. Winkler and his brother were
carried away by the flood while out in
the yard endeavoring to save the houses
in which some of the stock was housed.
Mrs. Winkler remained in the house,
and in less than five minutes afterward
the water had filled all the lower rooms.
Mrs. Winkler called for assistance, but
before it could reach her the house gave
way and she was ingulfed.
Still further southwark was the dwell
ing occupied by Mr.. John Shearing.
AS soon as the waters commenced ris-
ing, Mr.. Shearing moved his family,
consisting of his wife and twin boys,
aged about four years to the hillside, in
what was supposed to be place of
safety. The children were sleeping
soundly, but one of the little fellows
was aroused by the storm and ROLLED
over the embankment into the angry
food below. His body was recovered
Yesterday morning.
The true northerner., 1874-08-07
Important Railroad Suit Terminated

Important hallTOhu suit leTnlindieu.
A railroad case which has dragged its
slow length along through the United
States courts for the past ten years, was
brought to settlement this morning ty
the rendering of n decree by Judge
Drummond, on behalf of himself and
Judge Davis. IN 1864, the road. then
known as the Cincinnati and Chicago
Airline, borrowed q large amount of
money, giving as security mortgage
or that part of the road lying between
Newcastle and Richmond, twenty-seven
miles in extent. The principal and in
terest from that and up TO the present
time amount to about nine hundred
thousand dollars, and collection has
been impossible. 1t was urged that the
income of that portion of the road cov-
cred by the mortgage would not pay the
amount sought to be collected, and the
company has since fully contested the
payment, taking one appeal after an
other, its affairs in that time being
turned over to what is now the Cincin-
natl, Columbus and Chicago road,
connection of road held to be worth
upward of $15,000,00. Some time
since, for the second time, the case was
turned over to master for adludico-
ton, he being the second who had gone
over the half-dozen bushel- -basketfuls
of papers connected with the case. The
last masters report gave to Mr.. Pullan,
the trustee representing the mortgage
holders, Judgment of nearly 100000,
representing the loan, with interest
from the start, which judgment Judges
Davis and Drummond sustained, minus
a difference made by diminution OF
the income of the road between certain
years of the time specified. The plea
of tie company that the twenty-seven
miles ought to be made pay for the
whole loan, if it was to be paid at all,
was entirely overthrown, and the order
is that the amount is to be collected
from the income of the whole road, and
if not collected within that time, the
auctioneer will step in and give relief.
The case having attracted large at
tention, both on account OF the amount
involved and the principle at issue, has
been fought by attorneys OF considera-
ble note, among whom, for the plaintiff,
were Messrs. II. Is. Pullan, y. L. Nor
ton, j. p. Sddell, Timothy ID. Lincoln,
Judge NJ. II. Tilden, job Il. Stevenson
on. G.. from kentucky, and w. ID.
Pullan, of the Cincinnati law firm OF
Conner & Pullan. And on the other
side were the Messrs. Judge Roach and
j. e. Mcdonald, of Indianapolis and
Edwin Walker. of Walker and Dexter,
Chicago. Chicago Post and NAT.
The true northerner., 1874-08-07

"WH1TE coal" is the latest Austria
Ian discovery. 1t consists of felted
cabbage fibers, like peat, which con-
tain, interspersed between them, fine
grains of sand. 1t is easily combusti-
ble, and burns with a bright flame.
The true northerner., 1874-08-07

THE reference to Catherine Guant,
a character of fiction, made IN one OF
Mrs. Tilton's letters to her husband, is
to the heroine in Charles Reade's novel,
/" Griffith Gaunt," and the defenders OF
Mr.. Beecher and Mrs. Tilton claim that
the reference is one which does not at
all sustain the charge against them
made by Mr.. Tilton. Catherine Gaunt,
as the readers of the story will remem-
Der, was not a woman who was false
to .her husband, but one who had
allowed the influence of highly en-
dowed priest to dominate her mind to
the exclusion of her husbands infiu-
ence, and who had also permitted the
priest to entertain passionate attach
ment to herself. .-Io1Oa State Register.
The true northerner., 1874-08-07

THE Saratoga hotels furnish button
hole bouquets to their guests at dinner.
New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-03-01
Hard IN Taxpayers.

A preliminary injunction restraining the
provisions of the funding bill from being
carried out has issued from the United
States Circuit Court. This has already had
a very practical, and, to at least one indi-
vidual very unsatisfactory result.
A prominent broker, who had contracted
to nav the taxes of numerous clients, upon
learning of the restraining order, bethought
him that it was time to unload. He, there
fore. called at the State tax collectors
Office with a large bundle OF warrants in
one hand and a small sum of money in the
other-the whole, however. representing
several thousand dollars. 1t is mild to say
he was chagrined when the collector refused
his warrants, and remarked that he 1.-THE
collector, .'as public officer, felt bound to
take cognizance Of what was going on in
the courts
We can no. biams the collector for his
caution, although in this instance it may
have been a little strained. But We point
to the fact that, of all the city press. the
REPUBLICAN alone indicated to taxpayers
the likelihood of some such consequence
as this resulting from the attacks on the
funding bill, and the wisdom of getting a
tax receipt in hand before the issue be.
came fairly Joined.