davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-13
THE RIGHT OF sELF.PRorEcTIoN.

Inc OcneIal lcIm vi 'hc cupICmc Nouie n"S
The Judgment OF the Court OF General Sessions
in the vi Frederick Evers convicted Of elonious
assault The defense IN this case was that the COM
plainant had frequently attacked the prisoner and
threatened his life and the occasion Of the alleged
crime after sappng the prisoner the face the
plainan had put his hand back II TO draw pistol.
The Recorder asked the prisoner the stand how the
complainant likely after Shaping hun IN the face,
TO intend to take his life. In his charge, the Recorder
told jury that the prisoner should have. II threat
ened IN this way aad his assaant bound over 10 keep
tue peace. judge Brady holds the question Improper
The Of the prisoner did not require hm 10 know
the comp aiuants mind IL sufficiently made n
there appearance or lmminont danger; nor Was
application 10 the law for protection however proper
a part Of that defense. ana the Recorders
charge might easily nave mised tue jury into the belief
that
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-13
CIVIL NOTES.

In the Court of Oyer and Terminer.-yester-
day. before Judge Barrett, J. I. Williams. counsel for
Eugene HEATH moved the immediate trial OF his
client, interpreting plea OF not guilty and special
plea OF the statute OF limitations. Heath was one Ut the
principal witnesses against James H. lnersol and INC
indictments against nun jor emDeIznns cheshs
drawn by himself as treasurer OF the Heath q smith
Company. Assistant DistrctAttorney Russell SAID no
ready, nut PROMISED to be ready on TUESDAY.
either 10 with the TRIALS or enter note poSequ@
William c. TempletOn, the father OF Dun
can -. rempeton has hed his return 10 the writ o.
habeas corpus sued by bis daug hternaw' the wife
young Tempeton for her child In IL no states that
from her eject OF her child aud her treatment OF u
and her husband he believes her not 20 be nj person
to charge OF THAI she mas only the moss slender
means OF support, aud, from Information he has ~
ceiyed, he believes her and her mother TO be adven
turesscs whilo he himself Is we'll able 10 care for the
Guild. aud has provided for It IN his will
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-13
JUDGMENTS AFFIRMED BY THE SUPREME
COURr. GENERAL TERN.


THE EXCEPTIONS TAKEN IN THE sHEPFLIN AND
ADAMS CASES DECIDED TO DE UNTENABIR.
Among the decisions of tho General Term
OF the supreme Court rendered yesterday Is one IN the
case of George s. snefln. who convicted in tho
Court of Oyer aud Termner OF murder in the second
degree IN having killed his wife on Jan. Il. lsT3 Tho
theory of tho defense that the wound on tho
wOman's head was caused by fall against the stove
while she was intoxcted aud that Snefln only gave
her slap on the face Judge Daniels gives the opinion.
concurred in by ChiefJustice Davis In which he re-
views the evidence given the trial at great length
While stating that Sheln's crime was not in any sense
murder in the second degree-snce that Is decided ny
the act OF 1862 under which Shelf tried to be the
perpetraLol homicide without any design 10 effect
person engaged 10 tho commission Of lei.
Ony and Shelf not engaged IN the commission OF
u frony-Judge Daniel, says. nevertheless. tnit Tue
Court Instructed the Jy tGIt they LAD the iht untr
the evidence If they believed Snef guilty, 10 convict
HIM of murder In either OF IFS degrees or OF man
slaughter any degree below the IA st aud no eXcep-
lion wa, taken part OF this direction. For HAT
reason although tnere WAS nOlhln2 warranting
conviction OF murder Ia the second degree the Court
declines to interfere with the disposition or the
made below TIE c0ntrOi OF the court over
the case nitcd by tho exceptions which were taken
upOn the trial long no objection mas been mado
TO the indictment tae judg nent; and as neither VI
the exceptions taken can DC SUSTAINED the Judsincht
should be affirmed.
In the CAGE of VIM. Adams. who was convicted or as
saut with deadly weapon with intent TO Kali, TWO ex-
ccpons only were takeU upOl the trdl Tue hrs, MAS
Ia the admission OF the testimony OF the Sergeant or
police VINO swore that the night OF the assault no
COPIED INTO his cOttcr from Stare whdt the surgeon
had written down the complantnPs statement AItcr
he had copied 1t into mia DlOter ne erased what Was
slate aud it cld med that his testimony VI
what the pinant said Wa, lnadmi-sDie Tie other
tue testimony Of named Bcnan ON the subject or
the com paiuanCs eye>ght on the ground OF It's lDoOm'
potency Neither OF tue exceptions a'e held 10 he Gu
Court OeOV IL aiJi mel
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-13

appears the return that the reator held under
the nnsi Judgment and by virtue Of process OF court
OF Ompetent criminal jurisdiction. there end Of
the inquiry which could DO lawfully instituted and t
was Tue imperative duty OF tho court TO com nt the ~
lator. ~ IL did. He holds with Judge Westbr0ok that
they cannot review the question Of whether an excess
Of punishment had been Inflicted distinguishing tho
from that OF Tango In the United States Court
where the power OF tho had boeD completely
hausted and holds that this the Judgment ~
The express provisions OF statute upon the hearing
OF tho writ OF habeas corpus.
THE ORDER OF SUBSTITUTION IN THE CIVIL SUN
AFFIRMED.
In tho OWL suit against william NJ Tweed, brought
originally by the county for iOooOoo. motion was
granted after the consolidation act passed substt
tutug the Mayor Aldermen and COmmonalty OF the city
as plaintiffs. instead OF Supervisors Of the county
From that order the defendant appealed Tho appeal
was argued before the Supreme Court General Term
Thursday, and yesterday tho General Torm' Judse
Daniels giving tho opinion. affirmed tho order
Judge Daniels after stating the facts. holds that b,
tho consolidation act tho rights OF the city and connD
transferred TO the consolidated corporation aus
among them the claim OF the county against Mr..
Tweed The motion to change the title IN this SUIT was
proper and provided for by CODE Under II. when
the interest sued for is transferred to party tho
Court may allow tho person TO whom 1t Is transferred to
be substituted as party to the action Tsis incinoes
the preseut case for from the nature Of the caip
by natural person, 1t would not abato by bs
DEATH Nor there anything in the change torcqars
the Court allow the defendant TO put IN new answer
The complain. remained precisely the same. and tho
newly formed corporation placed in relation to
with no other rights than those previously existing In
favor county and II there defect In tho
ans yer as t previously STOOD that should have been
corrected by proper notion by the defendants. on
papers showing reasons why tho relief should b
granted. A general expression OF belief that new
will 10 required not enough. especially when
founded an assumption that the complaint
has been amended. There amendment Of the com
plaint simply substitution OF parties. As to tho con-
sttuti0naty OF the consolidation act that viii be moro
properly tested by objections taken on the trial Dc
csiOn affirmed.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-13
DECISION RESERVED ON AN APPEAL IN TIE
SUIT AGAINST GENEE

An appeal from the refusal by the Supreme
Conr Chambers refer the suit OF the City against
Henry W. Genet for $4,000, which it Is charged Dir.
Comet upprOl rated to MS out OF the moneys
paid by the City for tho Harlem Courthouse yes
teray argued before the supreme Court General Term
For defendant argued that the sut being FOR
money involving the examination OF some 10 war
rants, each including several t-ms, was einlneutly
case "a reference involving n long account For
the City il tnat the form OF the suit was
forced City by GrncCs light that it IN sub
suit fraud, issue on which jury should
and ali other questions were questions or law on
which Judge should pass. The Court reserved It's de-
cisOn John L. Parsons appeared Tor the plaintiff aud
y. n. West for the defendant.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-13
DEClSl0NS-MARCH 10.

Supreme Court Chambers - BY Judge Barrett
webb sgL Nichosou-Orj.r sAned.
JGde LiwrenceGemsn Uptown Savings Bank Fitzgerald
GrsntsL Smith BodBei Coving CASSIDY Mauton
PoOs.-Orlcs granted.
JudSe DInohuela the mc Of HI Beard receiver OF the Ma
tolal Lille las co-Mouon denied memorandum Jaeo6s
MoOre-Grantcl.
Special Irm-BT Jugo Van BrauL-Cukia sst Kuhns a..
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-13
THE RELEASE OF d. D. TEMPLEroN REFUSED

Judge Barrett yesterday, in the Court Of
Oyer aud Terminer announced his decision not to adj
bail Duncan ID. Tempeton. who convicted OF
shooting his wife, The Judge had examined hestated,
the error with great care, 1t showed very
The General Term mai revised tue conviction OF
TeinpleOl merely technical error of the Judge in
charge, and it very doubtful whethert affected
of the jury. The apped! to the Court OF
Appeals from the General Term decslO could De heard
IN ten days. Meanwhile. II the prisoners health as
suffering he would have the ordinary privilege Of the
hospital. Judge Barrett added that he had consulted
vita the Judges who formed tine General Term ana they
agree the prOprIety Of TINS course. Writ dismissed
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-13
DECISION REVERSED IN BLACK FRIDAY SUIT

DECISION REVERSED IN BLACK FRIDAY SUIT.
In the case of Albert Speyers against Lucy
d. Fisk executrx. g., brought by hun to recover for
commissions sales OF gold on Black Friday and on
the previous day, the Special Term OF tho Supreme
Court sustained recently demurrer to the complaint
General Term, Judge Brady giving the opinion,
verses decision. The complaint alleged that at the
request OF James Fisk, and Jay Could tue planlR
rendered Gner benefit for which they Jointly
aud severay promised 10 pay Judge Brady holds that
this Is allegation or partnership out OF JOINT
and several liability. which, under the code, the
plaintiff both together. or either one or the
legal vi lie has uOne IN tins
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-13


tighten punIsnInonLIs cOnied to Nor is there any
opportunity upon this proceeding to review alleged
upon the trial. or the improper exercise or dis
cretIon 10y the Court before which conviction
place We certainly do not mpuLo any error Or abuse
OF discretion nut simply desire 10 say that, TO the
isteuce any such, no opinion Is expressed. In
opinion. the o. and iermiuer IN dcDLgng the witt
OF haDeas corpus ana Remaining the PRISONER,
United ana that such order must be affirmed"
Judge Diuic IN ais opinion, examines the proprety
Of the Imprisonment ia inc Peniten larry and holds that
the act OF 1914 made the Penitentry aIis OF
The County NewYosk Tor The purposes Of the cOnne
OF prisoners sentenced BY the Court OF Oyer and
Tcrminer aud other courts OF competent jurisdiction for
whose imprisonment no special prov lson made by
the of 1914. No advantage arise To the reiatOr
by any change. IL was adludged that he should be I'M
prisoned IA tBe County jail. The relator had been
convicted OF misdcmeahOr, properly punishable by i'm
prisonnent the penitentary and for that purpose
mad been lawfully designated the ail 10 which such
conylcts could DO sent At most, tho record contained
only msdescriptioD, which the entry III the
object OF tue law attained without prejudice the
REALTORS rlgnt and he has ground OF complaint
the fact in the record the prison was called the County
J,il instead OF the Penentlary
IL Is claimed that the Court OF Oyer aud Termincr had
no power try his ohenses because tho laws OF 1885
proyie that the Court OF Special Sessions shall
power hear and punish complaints Tor misdemeanor,
tr nsiorred to Court Of General by them
AT request OF the prisoner; but that law covered
only begun by complaint" That word
had well-iehned meaning at law, and in-
dalton OF an application for warrant IN the mode
prescribed by the Revised Statutes IL was not
designed to diSest the Court Of oyer and Termner OF
ia jurisdiction by means OF Its Grand Jury indct
ments found Other provisions OF the act necessarily
assume that the Court OF oyer and rermner has the
mower to try msdomeanors. The act simply conferred
power on the Special Sessions 10 try ali misdemeanors
where tho did not elect To be tried IN the Gen
era Sessions. 1t left the statute defining tue turls
diction OF the Court OF oyer and IerfOiner IN
full force. That statute empowered that court TO
hear aud determine al crimes and mlsdemeanors
which might presented By indictment TDs includes
the case the reator long Us does not appear that
he was proceeded against Dy complaint before any
agistrae for the ofenses OF which he was convicted
The proceedings being regularly Instituted ~ iudet
eut court competent ~ punish tue relator ~
fine and imprisonment hi the Penitontary, and the le-
gay or prOprety OF Its action cannot DO investigated
or determined Ia u writ Of habeas corpus.
Judge Daniels then reviews the extent OF tho power
OF habcas corpus proceedings, coming 10 the
Same conousop Judge WeArosk. that as SOON as IL
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1875-04-03
FROM LITTLE GEORGETOWN
LITTLE GEORGETOWN.
March 81, 1875.
e Editors Of Tie Mdependent !:

To Ike Editors Of the Independent:
We were pleased to see few items in
last weeks independent, from a new cor
respondent from this place, and as he
propounded question for US to answer,
we deem it our duty to give him an ans
wer for the sake of The peace oil his mind
and of humanity toward his suffering
saddle blanket. We are not going to
tell him where to fad the salve he in
quires after, for if with all the talents he
possesses, he has not found it out, we
will not be the first to enlighten his be-
nighted faculties, but il he will give his
saddle blanket little rest while he is
trying to ficish up his "8 times 25 times
ID" visits, requisite to the purchase of
that lady fair, he is waiting on, his blan-
ket will have some more chance of re-
cuperating. We do not think it is a
"chew," but has been frost bitten, as he
has kept it out very late many nights
this winter. We consider that your cor
respondents eyes need more attention
than his saddle blanket, as be says that
there has nothing of importance trans
pired bit ,ohat has escaped has eyes.
We think that March 21st was a very
appropriate day for writing for paper
We infer that your correspondent is a
mechanic, as he makes such an ado be-
cause our merchant has made a picture
frame. We hope he has not lost any,
thing by it. AS his eyes are so bad, we
think it is time for him to retire from
the picture frame business, as he seems
to think it requires so much skill.
Moving appears to be the fahion now
as the first of April approaches.
We have lost our "Village Doctor" he
having gone to Maryland. We wish him
success, but we shall miss his skill with
the Hook and Line, and probably never
fully learn his improved method of
weighing fish, as we are deprived of his
teaching.
The saw-mill at this place is under 60
ing thorough repair and is to be furn-
ished with new water wheel from Fits
machine shops of Martinsburg, also the
old wagon-mader shop is to be fixed up,
as it is rented to frst-class workman.
We are pleased to see the prospects of
busy summer ahead for our town. Our
fishist is busy looking up poles,
lines, live boxes &C., as he did not mean
to be behind hand in his business, The
roads in this vicinity are getting quite
passable once more.
More anon. F.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1875-04-03

And now it is a Postotfice Ring
in.Boston. 1t is claimed that frauds
were.perpetrated upon the Govern
eminent in The construction of the
postofiice building in that city land
an investigation is in progress to
ascertain what they are. 1t is a
little singular that the President of
the State Senate should be COM
PEELED to make half-hour speech
to show that he was not connected
with the so-called ring. The ring
business would seem to be univer-
sal, since even virtuous Boston is
affected with it.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1875-04-03

There are five pairs in the present Sen
ate-the Camerons, JoneseS, Fcrrys, Nor
riils, and Johnsons. How would Schenck
play them
Mr.. Alexander II. Stephens will de-
liver an address before the Ladies Me-
mortal Association of Augusta, ca on
the LIST of May next.
Congressman Garfield will speak in
Connecticut this week for the Republican
ticket, and Senator Macdonald, of Indi-
ana, and Col. f. A. Conkling, Of New
York, will take the stump for the Dem
Gratis. This is the last week of the can.
vass, and both sides are preparing to
make the most of it.
Senator Andrew johnson has one en-
thusiastc admirer of his recent speech
The Cincinnati Enquirer calls him the
man of the people" and adds: "Since
the days of Col. Thomas II Benton and
Stephen A. Douglas, the Democracy
have had no man in the Senate of the
United States who, in the discussion of
political questions, has spoken with the
vigor and eloquence or true oratorical
fire that characterized the effort of ex-
President Andrew johnson on Monday.
Congressman Lamar, of Mississippi,
told reporter of the Atlanta Herald re-
Gently, that he did not regard the New
Hampshire election as an indication of
Republican ascendency in national poll
tics. He thinks that if the opposition to
the administration can.be harmonized on
platform that shall ignore all minor con
siderations, there viii be no difficulty in
electing either Charles Francis Adams or
Judge Davis, Of the Supreme Court, or
possibly Senators Thurman or Bayard or
Gov. Hendricks.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1875-04-03

The contest in Connecticut grows
more lively and interesting as the
time grows shorter. The ablest
stumpers of both parties have been
called into the fight, and the lit lie
wooden nutmeg State is fairly
alive with excitement. The DEM
ocrats are fighting to hold the
power they now possess, and the
Republicans to wrest it from
them. The indications are that
the Democrats will re-elect their
Governor, and gain one, and, pos
sibly, two Congressman.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1875-04-03

Gov. Walkers proposition for the
general Government to assume the
payment of the debts of the South
ern States, except such obligations
as were contracted in the interest
of rebellion, may be a good plat
form for a political leader in Vir-
ginia, but the Government will an
mex the moon and admit it as a
sovereign State into the Union
about the same time that the as
sumption programme is adopted in
Congress. A very plausible argu-
ment can be made in favor of it ,es-
pecially by one so able as Governor
Walker, but it certainly won't win
much before the year A. ID. 1000,
if then. Ifthe Governor don't think
that too long to wait, let him go
ahead.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1875-04-03
For the Ladies.

Blsquea are to be M lch trimmed
this season.
Striped and colored STOCKINGS are
put on babies just in shOrt clothes.
Jet bead are still shown in the
trimmings, bat not so proiusely as
of late.
Canefs hair braid in dark shades
Is used for slring trimming on
soft goods.
There Is II rumor that crinoline
is about to be restored in its great
est dimensions.
The new knife pleatings for
dresses are so finely folded that
they look like crimping.
Pique, trimmed with needle
work, will make pretty dress for
a girl of eight years.
Stirring is done in rows that
are very close together, and the
space between clusters is puffed up
sharply.
Something new-Agrafes for
hats in the shape of anchors, birds,
wings, etc. These are of rubber
and not expensive.
Black cashmere polonaises are
still imported for spring wear
They are found too useful gar
ment to lose favor entirely.
A new trimming for tho spring
wraps is ruche Of crimped tape
and crimped floss strung with let,
and resembling the moss trimm-
ing once so fashionable.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1875-04-03
Fer some time past great nnm :

Fer some time past great nnm :
bers of Germans and other adopt
ed citizens of this country have
re-emigrated to their native lands.
The reason for this course of action
is the present stagnation of trade
and business in the United States
They cannot procure work in that
abundance and at such prices as
please them, and hence they turn
their faces towards the Old World.
But are matters any better there
than here? Can employment be
procured in Germany or Ireland
more readily than in the United
States? A recent letter from Ber-
lin tells the Germans of this coun-
try that they will no more find the
Ell Dorado in Germany now than
they now discover in this country.
If wages have been reduced twen-
ty per cent. in the United States,
they have fallen forty per cent. in
Germany. If there are hundreds
of idle men here, there are thous-
ands in Berlin and other parts of
Europe, And the same. general
facts will apply to Ireland, and thus
it is apparent that neither German
nor Irish citizens can better their
conditions by leaving this country
at the present time. There is a
general prostration of business in
all parts of the world. Some en-
ployers are discharging hands,
others are closing their establish
ments. But a change for the bet
ter must come, and when the tide
does alter, it will rise with more
celebrity in this country than in the
overcrowded Kingdoms and dis
tricts of the Old World. This be-
ing the case, it is far better for our
adopted citizens to bear the ills
they have" than seek to AVOID
them by leaving the country. The
latter expedicnt will surely be fol :
lowed by disastrous consequences
and results.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1875-04-03
State News.

The Charleston papers call Wheel
ng "Switchville."
A Calhoun county justice got
three gallons Of soft soap as a mar
riage fee.
The people in the sugar districts
of Hardy and adjoining counties
are making maple sugar.
The attendance in the public
schools Of West Virginia during
1874 was 106, 1856, the school popu-
lation being l74,462.
There is now in Mason county
fifteen Oranges, and between 400
and 500 male members, and about
100 matrons, and the number
is weekly increasing.
Five stock men of Monongalia
county have purchased 500, 900
worth of blooded stock in Illinois
which they are putting on their
farms near MorgantoWn.
The Charleston Journal refers to
the manufacturing enterprises re-
Gently commenced in that place,
and saucily remarks -" take
your Capital" Thank you.
Brooke county has had case of
breach of promise. This is not
strange. Results 5000 damages
for Miss Rachael Taylor against G.
b. Hedge. That was {. bad hedge
If the verdict proves anything.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1875-04-03

The Supreme Court of the Unit
ed States, in the case OF Miner
against Hoppersatt, involving the
political status of women under
the war amendments, follows the
line already laid down in the New
Orleans and other recent cases.
Women are citizens now. precisely
as they were before the Fourteenth
Amendment, ahd have the same
privileges now that they had be-
fore. But suffrage is not one of
the privileges of citizens, as such,
and the Fourteenth Amendment
does not apply to it. A citizen is
a voter under the Constitution and
laws of this State, and all that the
recent amendments provide is that
the right of a citizen to vote shall
be denied for certain specific rea-
sons. A numberof very important
constitutional principles are laid
down with unusual force and clear
ness in this decision, principles
more important, indeed, than the
point directly ruled-that the po-
litical position of women under the
Constitution is not in any way af-
fected by the amendments. This
is the most interesting decision
that Chief Justice Waite has yet
delivered, and it will be received
with great deal of pleasure by all
but the suffrage reformers, who
have been insisting that the franz
ers of the amendments "builded
better than they kneW"-a most
mischievous political idea.