davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-16
DECISIONS.
SUPREME CoURT-CHAAdBERs.

BY Judge Dononue.
In the matter OF smith IN the matter OF Scion
ct al IN the matter OF Yates-Granted.
Brock vs.. wilkins ct al. Russell VS.. Russell; ;
Schiosser VS.. LicntensteiD ct al.-Memorapdums.
Corbin vs.. Knapp; Price vs. wilcox Gibbs
tan Lie Insurance Company.WMotons denied.
Skidmore VS.. Schede-Rererence ordered.
Park National Bank VS.. Oakley.-Taxation
afnrmed.
SUPERIOR coURT-sPECIAL TERM
By Chief Justice Mcneil.
Kelly vs.. Tafntor.-Judgment Tor plaintiff on
ior defendant on demurrer TO tile eighth defence.
BY Judge Sedgwick.
Rowland vs.. Smith.-Notice OF settlement to be
given.
BY Judge Freedman.
DOW OF al Va. Darragh.-Order settled.
COMMON PLEAs-sPECIAL TERM.
By Judge J. F. DAILY.
Naumann W.. Ryan.-Report confirmed, with $40
costs ana SOL IS for disbursements.
smith vs.. Smth.-Judgment and findings with
FREEDMAN vs. Stuart ct al.-lnjunction continued
until final payment. Cause TO be heard in February
TERM
BY Judge Robinson.
Upton vs.. Upton.-Divorce granted to plaintiff
COMMON PLEAs-EQUITY TERM.
BY Judge J. F. Daily.
Mester vs.. Wehner.--Decree hled.
COMMON PLEAs-GENERAL TERM
BY Chief Justice Daily and Judges Robinson and
Larremore.
Garter VS.. Otterson.-Argued and Judgment
versed. Report OF referee SET aside and case sent
back TO be tried by jury.
Williams VS.. Godklnd.-Argued and taken on
submission.
Dixon vs. schifler.-Of on payment of $40 costs.
Stewart VS.. The Mayor, &C.; McGown ct al w.
Sinclair ct al-On term
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-16
TROTTING ON LAKE CHAA1PLAN.

The whitehall Trottng Club Association gave
trotting meeting last week on the ice OF Lake Cham.
plain which was well attended and produced nne
sport for the spectators the meeting was highly
successful. The following races came Oh, the nrst
being Tor horses that had never beaten 2:4); the
second Tor minute horses, and the third free for
all -
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-16
ST. JOHNS GUILD RELIEF FUND.

The following additional contributions have
been received by the Rev. Alvah Wiswal, Master
of ST. Johns Guild, No. 50 varlck street, and paid
over to Andrew w. Leggat. Almoner:-
THROUGH W. II, TRAvERS
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-16

THE KELLY-TAINTOR LIBEL SUIT.
AT about the time OF the late Mayor Havemeyer's
attack upon ex-Sherin Kelly q letter appeared In
the New York Tribune over the signature OF Henry
+. Taintor an examiner OF accounts IN the Comp
troler's ONCE relating to the ex.Sherir's onicial
career. to which the latter took exception ana
brought suit Tor libel. A demurrer was Interposed
TO the answer, 1t being claimed that certain por.
tions should be stricken out as Irrelevant and
upon this demurrer there was a lengthy argument
before Chief Justice Mcneil, holding Special Term
OF the Superior Court. A decision was rendered
in the case by Judge Mcneil yesterday, partially
sustaining the demurrer and overruing portions
OF It. The opinion Is quite lengthy, and has been
ABILITY "''A NV 0"''' "''''' Usual Oa'' 'nu
In regard to the matters set up in the defence,
was privileged and that the alleged libelous mat
ter was true, Judge Mcneil holds that the facts
within any OF the classes OF privileged commune
cations and that II does not relate to any legisa.
Mhen may sS
under some peculiar duty or privilege OF conn.
dence After stating that In respect to legislative
or Judicial proceedings 1t IS provided by statute
that fair and true report shall not sub
ject the reporter to an action, he goes on
10 state that the matter alleged by the
defendant did not relate to any public proceed
ings. "rhe charges were" the opinion continues.
frauds, oy which the city had been defrauded Of
large sums OF money. IL Is not alleged tnar any
criminal proceeding or civil action mad been COM
menced against the plaintiff IN respect TO such
alleged frauds, nor that IN any way 1t had been
made the subject OF any judicial legislation or
other public or private investigation. TIE charge
therefore must be presumed 10 have emanated
directly from the defendant, and he must DE held
responsible unless he can justify Its publication by
establishing its truth. He cannot claim that it
was privileged. The matter stated, however, II
II failed to Justify the libel, might be given in evi.
dence to mitigate the damages II It mad been
pleaded for such purpose" The truth or
the matter complained OF Is averred according to
the true intent and meaning thereof That
must be, OF course, according to their legal sig
MITIGATION, intent and meaning, which is ques.
ton OF law. The Interpretation cannot be gov
erned or controlled by any, hidden or intended
meaning OF the defendant" He holds, further that
the demurrer is not well taken to the defence;
that the allegation Is In effect that in the legal
Specification OF the matter It Is true and the de-
lendanr has the right to alege the truth as a
defence, the mere surplusage not rendering 1t de-
iectve as a pleading. His final CONCLUSIONS are
that the plalntir must have Judgment upon the
demurrer to the sixth and seventh delences, and
the defendant must have Judgment upon the de.
murrer TO the eighth defence. He gives the de-
fendant, however, leave to amend his answer by
setting up the matter in mitigation OF damages.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-16
THE BARONESS FRALOFFs LACEs

The jury enpannelled to try the action brought
By the Russian Baroness, olga de Maluta Fralof.
against the New York Central and Hudson River
Railroad Company, and in which damages for the
alleged loss OF a large and valuable quantity OF
laces was laid at $4,000. came into Court yesler-
day morning, at eleven O'Clock, after q nights
dehberation under lock and key, and gave In
sealed verdict for So 900. There was considerable
discussion among the jurors as to the claim OF the
plalntlf Tor heavy verdict, which, however, re-
the second trial in the case the jury IN the former
one having disagreed. Neither the Baroness nor
the defendants are satisfied with the result OF
yesteroay's verdict, and motion was made to
Judge Wallace Tor stay OF Judgment to enable
the latter to prepare motion for new trial.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-16
HERALD SATURDAY JANUARY le 1s-TR1pLE SHEET

% adlrmed. II was lengthy and technical, but
concise ana able. argument.
The Court took the papers, reserving It's dects-
ION.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-16
THE STATE BANKS.
Report Of the State Banking
Department.
F r E E B A N KIN G.
The Doctrine for Hard Money
Discussed.
The Old System in the City Of
New York.

superintendent Ellis. Of the State Banking De.
partment, has just submitted to the legislature
his annual report. The following summary con-
tains the main features OF the report:-
On the LIST or October, 1874, the number OF banks
organized under State laws and reporting to the
department. was eiphty.one. At the same date in
1873 eighty state banks were engaged In business
Five banking associations were organized during
the nscal year. Three OF the new banks are or
less than one hundred thousand dollars capital
Four banks have closed during the year. Three OF
these went into liquidation voluu tariiy, the fourth
The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1875-03-17

We congratulate anr Alaniance friend
npon the success that has 80 far attended
their own isnlacdIaie organ, for thougl, i
may somewhat tread on our own gruund'
We viii moi complain that for our gain,
they should De delwIvednf what they really
need The CLEANER Is good paIper and
,Ieaervss success. Perhaps u our people
could be more liberal ia tlielr support u
home papers. they would not think th,
RR ORDER an Additional burden to- heavy
20 brur.
The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1875-03-17

During the progress of repairs aud alter
atlons on the Church, tlle services are, and
viii l,e held Ia the Masonic Lodge. The
church wlll f,eready' for use lEnNsr si'l7
dan rite htesiJrot tbs thArclf-wiiH he
much improved, while IL external ar,
pearancs VIII lie l,eaufiiesi 81 tile aaiessF
tIon OF lie tower.
The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1875-03-17

Last week was ONE ofsunmixe,l besoii.
fnl wsathcs. The ialminess of TIE air,
the p-eping out of tbs Spring flowers, the
lively notes Of the birds all give token
that winter has relaxed is hold. The
wheat aud oai fields brgiu 10 look refresh
ingIy green. and Ne begis 10 feel that
'sumnser II near.n Bat .DSs swallow
does bot ,nake : s'in,tncr,H and NTH The
m.anorie- oftlsr yiclssi:udes ef lastspIing,
peapie must mot be no sanguiue b. tIieii
expectations.
The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1875-03-17

We understand that Mr, y. g. Parks
has bought the vscant iot ON the Main
st,eet next Ia Tie Presbyterian parsonage.
They are among the must eligible IN
town and we hope they win be improved.
4 FEW years ags'. b hos'se oiione 81 them,
min long before the rsaolutions and
which was occupied vs. Dr. Hawks when
ne resided k.re. TelI down from old age,
ami lie lots have since been open, aud .
waste. $3.50 q ID - s FsEy EKs1 "
The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1875-03-17

A hen ofthecnmaoa Dominichcr stock
.beIonglug 10 Mrs Wltberpoou Of this VI
rinlly dropped az egg on Tuesday morn
Ing, which together with a small tAnlbrlc
haudksrchIef ~ which Il wa attached 10
the balances weighing half a pound.
Ills we beIissc, the largest specimen
ofhsu fruit, ever egg spserieperd ia these
The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1875-03-17


Mr.. Mills On me Orphan Asylum was
here during last week nllh . uunibefof
pap.is Of Tie Institution, and gave very
attractive exhibition of ,lbei; proficiency
ii. music ana deciaiiatiou la the baptist
Church. The entertainment ~as well atten-'
desl. and we leAIe the receips were quite
lal.dsune. weieam that the Cadets q
lIsrner ansl Graves school afterwards
made 4 iiisshI Substitution.
we learn also that at Durham NJ Mills
received very llan,lsu.ne encouragement.
Durham always does thnse things well.
.Vg0slteA 80 = - ~4fsfY~1
Bl-hop fyn,s,. preached ~ Durhaif on
sunday. nis thought tlsat an Episcopal
Church will sonH be, erected there. IL
growing population viii soon furnish Y.
nousi material tot fuII congregations 81
different denominations.
The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1875-03-17
.ar.ssps,


There canse near belHg y gcusrsl jail
delivery few nigh,sago. The prisoners
al succeeded IN getting oulef lhe', rage,'
aud making their wayto the main wall d
the prison. II isns easy taking down .
pile Of loose brIck as TO make hole
th,opsh the wall ssnd the eayTYf escape
wuslss,n npsm u appeafssi 70 hive been
che plan " ~ 10 the ground ihr2ugh the
apsniax " ieeaas efi fope madeoi g
blanke. tofnl Into ltfilA. q negrd from
Durham made The gFsi essay about hall
way 10 The ground. The rope broke aud he
came down With a thud 80 are~'ihding
that Il Was hsarI BY I.esIs cain, who ran
10. aud seeing what was The maiter, gave
the alarm iotbs jAilef. de vent Into ilit
Jail rs soon a. possible, aud secured tue
remaining prisoners. The other one sue
cceded IN getting on
The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1875-03-17

There isnct ye,a AGO or,lle blooming
nfffuit and a. this Is unusually late, .
good fruit year may be crpeeted- We
have not had good esc Tor three years.
The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1875-03-17

Il win pay you 10 go TO Cdle's stofe TO
my a bolt Of cotton rloth--gvod 2eO yard
spool thread vi Coles fof 5 cls. Corn 70
seIl al Coles 56ossl fSaN liIAas
The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1875-03-17

visisors We learn that adm
Guilty took place at y, ~, l,rower's saw
mill. three miles from Mt. Airy, between
nwbiie boy nalnsd Boyd and negro,
which resulted 10 the latter being stabbed
with knIfc In Me hauds % The fvfnstr
The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1875-03-17

a,t,isl,a, gone q work euhisnew store,
and i.ss few weeks isw'a uegin sashow
itself. II will fill up,an ugly gap ~ tie
square. ~ =
The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1875-03-17
IocAL pEPARTtIENT.

See fourth page OotIt w HuS "uu ~
,srestlng reading matter, III
rohn nj AfcDade ofCedar' Grove, isour
authorised agent to receive subscriptions
'ad Advertisements at Cedar Grove and
pros,ect Hill. ssA w
The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1875-03-17

81 The Banner learns that a cotton factory
a aeon 10 he established IN Shelby, where
yarn and cloth III all kiads viii 30 made
10 ORDER,
The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1875-03-17

j.. M. Wright, who was lor several years
grocer III Greensboro, recently fell dead
Ia his stable at that place. a
The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1875-03-17

I'd s7s.5g g. MARsIxD. ..ts3.fff
y. Imt this County, On the iltll inst, by
M. N. Jnnss, Fess sft. Thphns scon, ID
aIls Ncalic Ann NNarsl,of .slamahee.
The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1875-03-17

Some fifteen or twenty. negroes LEFT
Stokes county last week for Indiana. A
number OF whites also LEFT this county, fol.
the West. Western Sentinel.
The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1875-05-03
AbOut Eating at Night.

A legend Of ancient times, handed
down from generation to generation,
through century upon century, still OBJ
tains In almost every household to the
effect that il one eats just before going
TO bed one will surely see ones grand
mother. Now there seems to be some.
thing terrible about the appearance Of
this nocturnal grandmother, but as tue
writer never conyersed with any ono who
had been subjected X, one Of her phan-
tonic visits we are disposed to be in.
credulous, and hout the legend in the
face Of the bearer. However hungry
one may be ut. bedtime, the temptation
10 satisfy tile cravings Of the appetite is
always met by this "old wives fable" "
and il always serves to bar the pantry
door against an evening intrusion.
There's no telling how much suffering
has been broughtabout by this idea, and
now We believe the time has come when
hungry men, DO IL ut bedtime or neal
time, ought TO burst the Legendary bonds
Which have thus far bound them and
cat when they are hungry. To take q
hearty meal on retiring d, of course, very
injurious, because II Is very likely to dis.
turb ones rest and produce nightmare.
However, q little food OF this time, Il
one is hungry, Is decidedly beneficial; II
prevents tho gnawing Of m empty
stomach, with It's attendent restlessnes'
and unpleasant dreams, to say nothing
OF the probable headache, or OF nervous
and other arrangements, tho next morn
ing. One should no more lie down at
night hungry than he should lie dow
after o full dinner, the consequence O
either being disturbing and harmful. a
cracker or two, o bit Of bread and butter
cake, a little fruR-something to relieve
the sense Of yacuity, and so restore the
tone Of the system-is MI that Ia neccs
ary. We have known persons, habitua
sufferers from restlessncss at night, Y
experience material benefit, even though
they were not hungry, by q very light
luncheon before bedtime. In place ol
tossing about for two or three hours at
formerly, they would goon grow drowsy
fall asleep, and not wake more than onct
or twice until sunrise. This mode O.
treating insomnia or sleeplessness hos
recently been recommended by seyera
distinguished physicians, and the pre-.
scription has generally been attended
with happy results.
The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1875-05-03
wonderful Retention Of Heat.

The following statement Is from the
Virginia City (Neyada) Enterprise {:
On the Both OF October last, about two
o'clock in the afternoon, the large air.
sliaft Of the Belcher mine, then COM
pleted TO the 1,0O0-foot level, took fire
and was destroyed. The timbers Of the
SHIFT oil burned out, and the rock fell
in and blocked II mp. After deliberation
II was thought that II wonld be better
and cheaper to sink o new shaft than to
try to clear out the old one, so badly
were its sides cayed and 80 great was
the quantity Of rock that had tumbled
into Il. The new shaft was sunk o short
distance TO the west OF the old one. II
Inns now reached point TO the 1000
foot level, where 1t will be continued
down on an incline. The incline was
started at the 1,O0Ofoot level, and car.
ried up to meet the vertical portion Of
the SHAFT. The course OF this incline
carried II through the remains OF the old
vertical shaft, but as soon as II was
tapped the men found they could dc
nothing in it on account Of the ashes
burned eFrtli, and rocks TINT poured
down into the incline. A tunnel was
then run until II had reached I
point short distance west Of the old
shaft, when vertical upraise was made
to the line OF the proposed incline to bt
run up to meet the new shaft. The met
then began working down on the incline
in order TO meet the point from which
they were driven in trying to come up
They have succeeded in getting int
the bottom ofthe old shaft, where, mucl
to their surprise, they find the rock sttl
red hot. Z In trying To put in timber
they were set on fire, aud in order X
work at all it Is found necessary TO brint
line Of hose into the placo and play |
stream OF water upon the rocks wedget
in the bottom Of the old shait. There 4
no timber on fire among the rocks
They seem 10 have been heated 10 do
gree so intense at the the time Of the fir,
TINT they haye remained rod hot eyel
since. Nearly three years after the grea
fire in the Yellow Jacket mine place
were found in the lower levels where thl
the rock was still red hot. i,a
The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1875-05-03
Among The pygmIes.

From accounts It would appear that
Col. Longs present expedition into
Africa at the head Of the Egyptian
troops relates to explorations among TINT
most interesting people whom Schwein-
furth has made known TO the world the
MAN MAN, or Pygmies Of Equatorial
Africa. This singular tribe OF men are
mentioned as far back in history as by
Ptolemy, and frequent illusions have
been made to them by various travellers
ever since. They are the smallest race
Of men OF good proportions known on
earth, and but few specimens have ever
been seen by scientific eyes. II will be
remembered that Schwefnfurth attempt
ed 10 bring one Of these creatures with
him down to Lower Egypt, but he
perished on his first contact with ciyiliza-
tion, Whether lis skeleton was pre-
served for science We are not informed.
These little creatures seem as malignant
and wicked as they are abnormal IN
size. They arc reputed to be the most
irreclaimable cannibals in Central Africa,
and Schweinfurth's account Of their
habits and those Of neighboring tribes in
this respect, are the most disgusting
that have anywhere been given Of any
branch Of the human race. II the long
looked.ior !" missing link ever is 10 be
discovered between the savage and tho
animal, anthropologists will certainly
look for it among this vicious and pygmy
face,
The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1875-05-03
In Cases Of Apoplexy.

Apoplexy is becoming 80 frequent that
the following hints by a well.knowr
physician for treatment in cases are moi
out OF place;
Hold patients head and body bolt up
right, sitting in q. chair, feet on the floor.
Bind q handkerchief, wide lit or taps
tightly round each arm aud leg, close tc
the body to cut off return Of blood to the
head. Place the feet in pail Of hot
water (kept hot by refllingl made strong
with cayenne pepper, and thoroughly
rub dry pepper on the legs, hands and
arms, which can be done by means Of O
cloth or towel, 10 avoid escape OF the ex-
citant into the air. Let the person who
supports the head, while steadying il
with one hand, dip the other in cold
water, both hands being kept TINS con-
stantly wet, and in contact with the fore
head and whole brain (by no means
neglecting the animal or motive brain
behind), either as lying on the head or
moving about on II, and 10 the whole
head being kept wet and cold, though
prevented dripping on the body by some
sufficient protection round the neck, as O
large towel, not allowed TO heat the
neck, yet stopping or catching the water
but this cold water is not 10 be used OK
cept OF first for a time, when II Is i'm.
peratiye TO make an impression, and
check the flow OF blood from the rent
vessels in the brain, but at length is u
be exchanged for tepid and then warm
water, TO kill the reaction, and, by con
stant evaporation, leave the head perma.
nently cold. Let other persons take the
trunk in charge, vigorously and por'
sistently plying It's whole surface with
THAR hands, the frictions, manipulationt
and magnetism all having this one effect
to draw the blood away from tho brain
as we'll as now doing something far more
-reyitalizing and restoring III,
body. All these things should hayc
gone on together from the first moment
simultaneous prescribed handling o.
extremities, trunk, head-presently h
DO followed by inevitable return Of con
sciousness, for no surchnrge Of blood ii
the brain could possibly hold out agains
such enforced persuasion. Binding tlit
arms md legs alone would In time re
love the brain, the limbs turning pur
pie, and swelling almost 10 bursting from
having left the head actually destitute
the pallor Of the face now calling fol
successive and gradual untying, first ont
arm, next the other, then in the samt
manner the legs, and last tho feet, rub
bed quickly and perfectly dry Ito fore
stall the cold Of eyaporation) and th'
patient placed in bed to rest and re
cover. Binding tile limbs few mo
ments before the stroke would have pre-
II, so would lying with the head in th'
center OF n horizontal revolving disk
whirling tho blood 10 the feet, as this
too, by the same mechanical compulsion
would aid TO cure. OF course, in TIL
absence Of any pepper, the great mali
effect would still have gone on. 'u
The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1875-05-03
Domestic Barbsrlng.

Yyu can always tell boy whose
mother cuts his hair. Not because the
edges Of the llair look rs II they had
been clewed off by m absent.mindel
horse, but you tellit by the way he stops
on the street and wiggles his shoulders.
When fond mother has to cut her boys
hair, she is careful to avoid any annoy
ance and muss by layinga o sheet on the
carpet. II Inns never yet occurred TO her
to set him on bare floor and put tie
sheet around his neck. Then she draws
the front hair over his eyes and leaves
IL there while she cuts that which Is at
the back. M q Z
The hair which lies over his eyes ap-
pears to be on fire. She has uncon-
sci6usly continued TO push his head for
ward until his nose presses his breast,
and Is too busily engaged to notice the
snufling sound TINT Is becoming Rlarn-
'ingly frequent! In the meantime he Is
seized with an irresistible desire TO blow
his nose, but recollects that his hand
kerchief Is in the other room. There Ia
o fly lights on his nose, and doesit no
unexpectedly that he Involuntary
lodges, and catches the points Of the
shears IN his left ear. At this he com
mences TO cry and wish he was Q man.
But his mother doesn't notice him.
She merely hits him ON the other cor 10
inspire him with confidence. When she
is through, she holds his jacket collar
back from his neck, and with her mouth
blows the short bits from the top Of his
head down his back. BE calls her atten-
ton to this fact, but abe looks for q new
place on his head and hits him there,
and asks him why he didn't use his
handkerchief. Then he takes his awfully
disfgured head to the mirror aud looks
at IL, and, young as he is, shudders as
he thinks ofwhat the boys on the estreet
will soy. t.IL- r.sIffi