davidaulloa/AmericanStories huggingface dataset:
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-07-14

would take one or two days; he was not
so much embarrassed by the exigencies
of the case as because, his argument was
ut home and his books in the Office, as
was the case of his associate, Mr.. Rion.
The Court then asked him if he con-
ccdcd that the defendant was entitled to
the opening and closing arguments to
the jury.
The Acknowledgement stated that he
had not conceded anything of the kind.
On the contrary, he contended that the
PLAINTIFF wa, entitled to both first anil
last speeches.
. The Court then desired to hear an
argument on tIiut point from defendants
! attorneys
Mr.. {. u. Melton then arose, and stated
that he desired to make IL few prelimi-
mary remarks. He snil that the state
OF MS health was such that lie had
round that he would either have to
foreGo the examination Of the defend
ants witnesses, or abandon the idea
of making an argument to the iury. nnd
had therefore concluded to offer no tcs-
timony. and argue the case upon the
pinintlit testimony alone. He said that
his condition WAS such, that he could
| not devote that day to the examination
OF witnesses, and the next to I'm arc,i-
ment to the jury. He had no objection
to allowing the plaintiffs attorneys every
opportunity of arguing the cnse. He
then stated that Mr.. Youmans would
discuss the point us to whether the de-
fcndnnt Inns the opening and closing
arguments, when he has introduced no
witnesses.
Mr. lounians said that he had ALWAYS
supposed that the practice was settled.
and the authorities decisive nDoD th;s
point. He then cited from Connor's
Snit ut Lnw, pnsc 26, the general rule
that If the defendant introduce testimony,
the plaintiff replies, and TINT if the de-
iehdnnt introduce no testimony, lie had
the opening and reply. There were two
cases in this State decisive of the point,
viz: 1Ingood rs. Cathcart, Ricc's Re
ports, page 2f4, and Hamilton Us. Fcem
stcr, 18th Richardson's Law Reports, page
51G. He then cited Chitty's Practice and
Ildd'S Practice. The cases there cited
bore him out. As to testimony brought
out or introduced by the defendant in
the cross-exnmination Of the plaintiffs
witnesses, he referred to Redticld's
Greenlicf, and, explanatory Of that. 1st
Peters and LIST Wallnce's Reports. In
Clinton rs. Mckenzie, 5th Strobhartlt,
page 40, where defendant brought out
the entire line of defence on the crcss-
examination Of plaintiffs witnesses, the
language rs to the reply was not only
pernlissive, but mandatory.
The Court thcreupon, and without
argument from plaintiff. over-rulcd the
defendant.
Col. Rion stated that he would not be
rendy until to-day.
Court then adjourned until 10 A. NJ.
to-day.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-07-14

IIor&I. .AEElvALs, july Is, 1915. -.M,m-
sion Iio.Se-Mrs. G. +. Corley, Norfolk
L. G. Chnppcll, Richlnnd; 3. w. Han
cock, Hichmond;J j. c. Eason, J. S. Swy-
Scrt, $. c.; 0. B. Warwick, G. L. Tur-
ner, W. L. Wheeler, U. S. A.; j. NJ.
Sparks, Ga; G. L. Ricl, Cokesbury: j.
X. Hycr, L. $. A.; II. d. Hami.cr, Rich
land.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-07-14

y REvEHGEruL ORGAN.-Thc stomach.
Is II revcngcful organ. If we assign it
indiigestiblc food, it not only refuses to
perform its office, but infiicts upon us
unSpcGkable torturcs, such rs those of
indigestion, collie, cholera morbus, &c.
Not content with giving us pain, it fire.
quently inauSurntes nm excessive and
wasting 1iarrhma, called dyscntery,
which carries us to our graves. With Il
view to prevent these consequences, as
soon as the stomach gives notice by pre-
monitory twinges TINT its cargo is not to
its liking, II wine-glass-full or two of
Hostcttcr's Stomach Bitters should be
swallowed. This admirable digestive
cordial will promptly reconcile the re-
fInctory organ to its contents, and pre-
vent any OF those annoying and possibly
fatal results which the presence of indi
gcstiblc food in the stomach is liable to
produce. The Bitters are also superb
tonic, restorative and appetizer. J9'1t3
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-07-14

LIST OF New ADVERTISEMENTS.
L. &. Dunn-S. G.. b. IL r. Co.
Regular Com. Columbia Chapter.
Special Meeting Schuetzcn-Nercin.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-07-14

1t is truly wonderful, the variety and
ingenuity of tho convcniences for the
desk and office-pens of varied patterns,
inkstands possessing unmberless ad-
vantages, letter files, each ono the best,
envclopcs.of size and qualities infinite.
1t is almost bewildering to enter the
largo Broad street store of Walker,
Evans & Cogswell, in Charleston, and
see the number of these attractions.
Here yon find the largest stationery
stock South of Baltimore, and you only
have two troubles first, sufficient cash;
and, second, the difficulty in deciding
among the many things offered, each
equally suitable TO your wants. Nit
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-07-14

Eating an orange before breakfast will
cure nm appetite for Intoxicating liquors.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-07-14

SUPREME Court DEcIsIoN-JuLY l3,
1S!5.-Isecder 1t Davis u.s. II. Il. w.
Finn et al. Decree modified and case
remandcd to Circuit Court. Opinion by
Moses, G. j.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-07-14

The Barnwell Tax Uaion have appoint
cd n committee of five, consisting of
Messrs. Alfred Aldrich, F. NJ. Wanna
maker, s. s. Wise, j. G. Miller and G.
i. Lartigue, to inquire and report what
County officers have failed to give sniff
cient official bonds, and what County
officials arc guilty of misconduct in
Office.
The immediate cause of Gen. Frank p.
Blair 8 death wns fall he received while
walking, last Friday afternoon, from one
his temple struck piece of furniture,
rendering him insensible. Attempts to
restore him to consciousness were unsuc-
cessful, and he died Mt 11.3OP. NJ.
, 1875-12-29
RAINFALLS AND FLOODS.
Robert Rawlinson in tie TEmes.)

Sir,-The year fast passing away will be
long remembered as a season of heavy rainfall
and destructive floods. India, Africa, America,
Europe, and Australia, each and all have
suffered so that persons unacquainted with the
laws of meteorology concluded that there has
been over the face of the globe an exceptionally
wet year. The truth, however, IS not that
there has been one universal season exception
ally wet, but that the fall of rain has been
concentrated on comparatively small areas,
leaving vastly larger areas to suffer from an
exceptional drought We hear of the foodings,
because man suffers through their violence but
we do not hear to the same extent of the
drought. We have rain-gauges in the in
habited parts of the earth where civilization
exists; but this is only a small fraction of the
earth's surface. so that of by far the largest
area we are in profound ignorance. We have
no record, and our means of information are SO
circuuscribed that We have no basis upon which
to found a theory other than one of pure
speculation As weather. depends upon the
heat from the sun, evaporation from the ocean,
and the motion of the atmosphere, the prime
elements in testing variations of seasons would
be a correct knowledge of the heat of the SUMS
rays and the amount Of evaporation, as these
must govern the volume Of rain which will fall.
, 1875-12-29

these a~fording the only radical means Of obtain
ing a lasting Improvement. The circumstances
are certainly urgent, aud he hoped His Excel
lency willtake them all into consideration and use
all his influence with the Home Government
SO that W. may not, when the Central Factory
comes, be in a position not to make use of it.
There is now, SO to speak, almost a similar
obligation on the State as on an Individual to
cut down a hanging man, and save bis life.
Ito be continued)
, 1875-12-29
T E L E G r A NJ S.
ST.. Thomas STATION.

ST. THOMAS STATION.
Lord Derby has been elected Rector of the
University of Edinburgh. 1t was asserted IN
some papers TIL. the freedom of the City would
on that occasion be conferred upon him but this
is now contradicted.
General de Cissey, the French Minister for war
has been elected Senator.
There have been several meetings of CouserYa-
tive workmen at which resolutions were passed
disclaiming that the English policy was to as
sumo a protectorate over Egypt and that on the
contrary England only sought to secure an I'M
interrupted access to India.
goth Dec.-The arrival of the French steamer
"L'Amerique" at Queenstown is announced
having been nearly a month out from New YORK.
The London "Times" publishes an article re.
futing alarmists rumours in circulation that a
crisis is expected in the French Cabinet and de-
clares that at all events the statement is quite
premature.
Mr.. WALTON and Archbishop Dupanloup have
been elected senators.
The Prince of Wales started to. day for Calcut-
tG where he Will pass Christmas day.
From the Malay Peninsula it is stated that the
British forces are at Blanja still awaiting rein
forcements and provisions.
Mr.. r. H. Hurst, the Liberal candidate was re-
turned to-day as NJ. P. for Horsham.
NEW YORK 22nd.-Despatches from France
announce that the French transatlantic steamer
4" Louisiana from the West Indies came into
collision with another vessel near Bordeaux
One hundred OF the passengers were saVeo ouS
the Captain and fifteen persons were drowned
Both vessels were seriously damaged. The COLL
sion ocoure in the river Gironde.
Henry wainwright the murderer OF Harriet
Lane was executed to-day. At the last moment
he acknowledged the justice of tho sentence pass
ed upon him.
There has been a violent eruption OF the Nouns
Vesuyius causing a great alarm in the vicinity
The elections Of that portion Of the Senate
which was to be chosen by the National Assem-
bly, were completed to day.
New York, Dec. 23.-News from England an
nounces that the training ship "Goliah" was burnt
off Gravesend, twenty boys lost their lives. Prince
Pierre N. Bonaparte is a candidate for the represon-
tation Of Coz sica in the National Assembly.
The Sultan has issued a irman pr muIga-
ting the reforms demanded by the Foreign Powers but
its execution meets with much opposition
December %.
New YoRK, Dec. 23-Flour, per barrel, triple
extra in New Orleans 81 to /. Meal, per barrel,
81. Heavy Mess Pork, per barrel, $224. Sugar
Crystals, per h., 81 to 98c. Fair to good refining
per h., 81 to 8ac. English Islands Molesses, per
gal. 4Oc. Premium on Gold lI38 to !. Exchange,
New York ana London 4.86
LONDON, Dec. 23-Sugar, Demerara Crystals
per cwt. 27s. Cd. duty free. Muscoyado per cwt.
los. duty free. Clayed Havana, No,2, 22s.
Sd. afoat. Demerara Rum, per gal. D. I'D. in
bond. Trinidad Cocoa, per cwt. 62s. Copsols
93S to 81. Bank of England Rate of Discount
30Io. Rontes $3.50. Cotton 81.
Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1875-11-10

Tor whom they are intended, ani
al ninium rates, which no new and
experimental agency can hope 70
rival
The newspaper advertising for
great houses In the east, west and
south j. now solely managed BY
Messrs. c. A Cook & CO., whose
business il the acme Of system, eI-
pefience, and excellence. In short
this agency saves time, money, and
worry 10 advertises, ard We believe
il has represented more business
houses successfully, and stands
higher with Publishers, than any
similar Institution in the west. AL
new firms starting in business, and
those already established, also par
ties starting new enterprises, can
DO 10 better than 20 entrusi their
newspaper advertising ia the same
experienced hands,-Chicago Times.
Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1875-11-10
A Hint TO Advertisers.

The Newspaper Advertising
agency Of &. A. Cook d. Co, Chi
csgo, has a reputation co-extensive
with the length and breadth Of the
whole western country. It's eel
ebrity for placing advertising at
advantageous rates to its patrons
has even a broader scope, for G. A.
Cook & Co. have a national repute.
This agency was established in
1853, by the present proprietor,
Mr.. Carlos A. Cook. The gentle
man in question at that time was
also agent for several proprietary
articles, which under his advertis-
ing management soon became
widely known, are now among the
leading staples Of the day. Prior
TO assuming the agency for these
parties, Mr.. Cook bad been for
many years connected with the
world-renowned house of J. c..
Aver q Co, Of Lowell, Mass, a
firm which had probably done a
larger amount Of judicious news
paper advertising than any other
house in the country. The exper-
fence thus obtained by Mr.. Cook
was Invaluable and mini abb. IL
gave him a knowledge . 'he true
principles Of SUGGEST advertising,
which has since rc1Juq'ei TO the
profit spd .sstisfa ;tigs u many
great firms throughoo tlo u. S.
Success and years are irrefutable
proos Of ability, and these have been
creditsbly attained. Compactly
stated, and in plain English. "He
understands his business" This
Is what gives his agency an I'M
qualified lead over all imitators
and competitors; this is What COM
mends TO him the absolute esteem
ADD confidence Of those who place
adycrtisipS in bis hands.
Tho house Of c. A. Cook " Co.
adapts itself readily TO the varying
and peculiar needs Of advertisers.
re knows how to prepare the re-
luisite notices to the best advan-
age; how 10 present the salient
md interest-catching features OF
my business so that they shall ar
est attontion md lead to direct
nqniry. In addition, this firm has,
~ its age and experience, facili-
les for placing advertisements
SShszc thcy KiIl Eeacb tAe e|aissAn
Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1875-11-10
CouIda't Behave Herself

A Saratoga correspondent Of the
New York Commercial Advertiser
overheard two young ladies talking
and his Is wha: they said:
Nell, I'm going home to-mor,
row.
"GOing home tomorrow What
for pray =
Because / can't behave myself.
"Well, out With it Jennie. What
have you been doing!7
"Lots Of things"
"Well, give Us the first"
"Yor know Frank Kenoody,
NeHr
That soft, simpering fellow
that always tells you how 'chawm-
ing you look =
Exactly. This morning i saw
him coming, and l made up my
mind 10 take him down
"Well, what then 1"
81 put my diamond brooch in a
chair, pin upwards, and asked him
to sit down
ale sat down Of courye, and
what then -
ale jumped up and yelled, ooh,
my"
"What's the trouble :" / asked.
Nothing in particular, only /
thought Of an engagement at this
very particular moment; you must
excuse me- And off he went and
would you believe it, Nell, the
brooch was sticking to him"
"That was awful, Jennie" and
the two girls giggled together for
five minutes. Nell broke the spell
by demanding. "What next p
"Why, you see, / was talking
to that young sprig Of a clergyman
the Rev. Tom Collins. We had
nearly talked each other to death,
when, as luck would have it, he
made some remark about mosqui-
toes. ] was on my native hearth
at once, and / began telling him
my experience at Rockaway. "Did
they bite very hard 2" inquired the
Rev. Thomas. Il wish, Mr.. Col
lins,' said /, you could see my legs
and judge for yourself"
"That was a horrid speech, Jen-
ME. How could you say such
thing ?"
"Why, Nell, it popped out be-
fore / knew it,"
"And what did Mr.. Collins say p
"He blushed clean to the eyes,
and l ran away"
Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1875-11-10
An Accom- I'M odnt,ng shcriG;

A California sheriff got tired OF
having conscience-stricken Nathan
murderers give themselves up, and
desire free transportation to New
York, there to expiate their crime
upon the gallows, addressed the
last candidate as follows: $50
your conscience amt easy, eh Z"
81 have the curse Of Cain upon my
brow l wander, wander but find
no rest" "And you're the man 2"
81 am" "And you want to be hang
cd y ~ feel that I shan't rest easy
till ] am hanged" "Well, my
friend" replied the Sheriff, thought
fully, "the county treasury amt
well fixed at present, and don't
want TO take any risks in case You
amt the man, and are Just fishing
for free ride to New York. Be-
side, those New York courts cant
be trusted to hang a man. On the
whole, as you say you deserve to
be killed, and as Il can't mako
Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1875-11-10
Didn't Over-esiimate Himself.

A merchant from a Western city
went into n New York wholesale
house, the other day, said he wish
ed to buy about $1,000 worth of
goods. He was willing to pay
81 200 cash, and give his note for
ninety days for the rest of the bill.
The firm looked up the house
which the customer represented,
and came to the conclusion that
his note wouldn't be of much value.
They concluded, however, to sell
him the goods he desired, making
a sufficient advance in the usual
price to cover the amount of the
note. The sale was made, and the
bill amounted to s1,450. The pur-
chaser paid the 81, 200, and he drew
his note for the remainder.
"Now my vriends," said he, ~
wants you to gif me Won present
after so big bill"
"Well," replied the merchant,
1--WE can't give you much Of q p. :.
sent, but you can pick out a neck
tie for yourself if you WISH"
"No, no, l wants no neckties. /
wants silk dress for mine wife,"
"Oh, we can't do that" said the
merchant, "but l tell you what we
will do. We will give you your
note"
"My note ! No py gracious, ]
takes 20 necktie y
Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1875-11-10

MORTGAGE sALE.-Default having been
vi made in the conditions Of certain indenture
OF mortgage made and executed on the 22d day
OF April, A. ID. 1874, by Angus McCollum, Of the
first part, and William T.. Jones Of the second
part, and recorded in the Office Of tho Register OF
Deeds for the county Of Alpena, in Liber sc" OF
Mortgages on pages 5ff and 545, on the 9th day Of
July, A. ID. 1874, at seven O'Clock T. NJ. Of said
day; which said mortgage was duly assigned by
said William L. Jones, mOrtgagee therein named,
ON the 10th day OF September, A. u. 1874, 10 Pres
tom G. Purdy, and said assignment was recorded
in the said Office Of Register Of Deeds for said Al
pena county, on the goth day of October, A. ID.
1873, at four o'clock p. NJ, in Liber four al Of
mortgages, on page 25. BY which said default the
power Of sale in said mortgage contained has be-
come operative and it being claimed that there
is due and unpaid at the date hereof on said mort
gaze, the sum Of three hundred and thirty six
dollars and fifty cents, 1886 5O together with an
attorney fee Of twenty-five dollars. provided for
therein, and no suit proceeding either in law or
equity, having been instituted to recover the
amount secured by said mortgage, or any part
thereof,
Notice is hereby. given, that by virtue Of the
power or sale IN said mortgage contained, will
on the Sd day Of February. A. ID. 1876, at ten
o'clock A. NJ. Of that day, foreclose said mortgage
by sale Mt public auction, 10 the highest bidder at
the front door Second street of the entrance TO
the circuit court room, in Potter Brothers brick
block, in the city OF Apcna, in said county OF Al
pena, that being the place for holding the circuit
court for said county. in which said mortgaQed
premises are situatcd,l Of said mortgagcd premi-
SEES, or rs much thereof ~ may be necessary 20
satisfy the sum Of three hundred and thirty-six
dollars and fifty cents together with said attorney
fee and interest, and all costs and charges allowed
by law. Said mortgagcd premises are situated in
the county Of Alpena, State Of Michigan, and are
in town thirty 1927 north Of range six l0 east.
described in said mortgage follows, TO wit The
north half OF the northeast quarter Of section
thirty-thrce .C33l Said mortgage being given for
part Of purchase price OF said described premises
PRESTON e. PURIFY,
Assignee.
J. d. TunsBuLI, Attorney for Assignee.
Oct. Soth, 1875. 22lwI3-5
Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1875-11-10

enough They 20 70 the school Of
society from their earliest years
Il is there they learn the art Of the
fan, the art Of lying, Of talking
without saying anything, Of speak
ing 50 a. to disguise their thoughts,
Of bl1shing and weeping, and Of
laughing 20 mask the heart. For
everything is conventional in the
world the more a woman becomes
unnatural, the better bred WOMAN
she L.
Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1875-11-10

MORTGAGE sALE.-DefauIt having been
WI made in the conditions Of n certain indenture
OF mortgage, made and executed on the sth day Of
May, "A. ID. 1867, by Paulette Cicero and Lucinda
Cicero his wife, OF Alpena Michigan, OF the first
part, and Lorenzo NJ. Mason, BENJAMIN r. Luce
Theodore Luce, James X. Lockwood and John s.,
Minor, In the firm name Of l.. NJ. Mason a Co., OF
the same place, Of the second part, ind recorded
In the Office Of the Register Of Deeds for AIpena
county, In Iiber 2 Of mortgages, on pages SIS and
6li, on the 18th day Of August A. b. 1875. AT o
o'clock A. NJ. And the interest OF said Iockwood
and Minor in said mortgage, was duly assigned
by said Lockwood and Minor on the 23rd day OF
October, A. ID. 1873, TO Benjamin +. Luce and
Theodore Luce, surviving partners Of said firm of
J.. NJ. Mason a Co., and said assignment recorded
In said Office OF the Register OF Deeds for said Al
pena county, on the 2Srd day Of October, A. ID.
1873, IN Liber four al OF mortgages, on pare az
by which said default the power OF sale in said
mortgage contained has become operative and n
being claimed that there is due and unpaid at the
date hereof on said mortgage, the sum Of two
thousand twenty-six dollars and ffty-two cents.
t2,O2652l, together with an attorney fee of fifty
dollars, provided for therein and no suit or pro.
ceealnS either IN law or equity having been In:
mortgage or any part thereof,
Notice Is hereby given, that by virtue OF the
power OF sale in sad mortgage contained, we win
on the third day Of FEBRUARY, A. ID. 1875, at ten
o'clock A. M. Of that day, foreclose said mort
gage, by sale nc public auction, 20 the highest hid
der, at the front door on Second street Of the en-
trance 10 the circuit courtroom, IN Potter Broth.
ers' brick block, in the city OF Alpena, In said
county % Alpena, State Of Michigan, that being
the place OF holding the circuit court for saiid
county In which said mortgaged premises are
situated, Of the said mortgaeee promiAes. or as
much thereof ~ may be necessary 20 satisfy the
said sum OF two thousand twenty six dollars and
hfty-two cents. t7.07052l, together with said at
torney fee and interest and all costs and charges
allowed by law. Said morteaged premises are situ-
ated In the city OF Alpcna, In said county Of Al
pcna, and State OF Michigan. and are described In
said mortgage as follows, 90 wit; The north-east
half OF lots number eleven I'D and twelve fl2n. In
block number five 5l, according 10 tho plat Of the
ofnce Of the county Of Alpcna.
l.. M. MASON a Co, Mortgages
Per benjamin Y. Luce, and Theodore Lnce. IA
signse. and Surviving Partners Of said arm Of
JoHs AIs,yso., Attorney for Morss~vss.