davidaulloa/AmericanStories huggingface dataset:
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16
Superior Court.

FEBRUARY CIVIL TERN, 1876, sYMoNDs, j., PRE-
SIDING.
TUEsDAY.-George D. Beck VS.. Isaac johnson,
Trover for horse at Gorham, June 8, 1875 Plain
tiff alleges an exchange of horses. that he was to re-
ceive SIT 80 in exchange to boot, which was never
paid but no point is made of that; that there was
fraudulent representations and fraudulent conceal
ment that defendant represented his horse as good
letter kind and safe, when in fact he was balky,
FESTIVE.
Defense-The horse was up to the representation
SO far as knew; was not FESTIVE or baky with me;
YOU did not rescind within reasonable time, some
six weeks after the trade.
Reply-I returned your horse the same week; told
you that would not have the horse you first offered
me; then learned that you had on the very day of
the swap sold my horse, so that there was CONVEX
sion and no demand of my horse was necessary; my
statement to you was virtual rescison.
The court instructed the jury in substance that if
the defendant represented the horse as kind and
good roader, when in tact he was balky, and the
defendant knew it and returned to defendant what
he bad received from him; that under the proofs in
this case demand for the return of the horse
necessary before commencing action; that it was
necessary that plaintiff should notify defendant Of
his rescison of the contract; that form of words
was necessary to rescision; that Mr. ok, in order
TO rescnd this trade must return toMr johnson his
horse and make known to him that he did that for
the purpose of resembling the trade; that whatever
form of words he adopts is immaterial that as to
time of rescison, Saturday of the same week would
be within a reasonable time, six weeks would be an
unreasonable time. Verdict for plaintiff for $3.50
Motion to set aside and exceptions.
JC Cobb for plaintiff.
Strout g. Gage for defendant
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

Leaving to be accounted for say $25,OOO.
Cross-examined at p. n.-This $25, 900
cannot account for in any way.
The following questions were then asked by
the court:
Q-You have seen that schedule of checks
which Goold says he paid Clements?
Al have.
Q-Have examined carefully the receipts and
disbursements of cash on these dates when it
is claimed the amounts were paid to Clements?
Al have.
Q-From the best examination you have
been able to give, can you or not tell from the
books whether these sums were or were not
paid out?
A-From the money in use in the bank at
that time lie could not have paid those sums
Q-From the examination you have given to
the condition of affairs of the Bank of Port
land, you say that he could not have paid those
amounts?
Alt is my conviction that he could not
have paid those amounts.
Q-How do you reach that conclusion? Sup
pose for instance on such day Mr.. Clements
drew his check for $4,000. what was there upon
these books that would satisfy you as bust
ness man that he was not in condition to
have paid out that $4,000?
A Because the resources were deficient to
meet the liabilities on the LIST of September,
1874, by about $4,000. At the time of suspen-
sion he was short about 1852, 900, so that only
ABOUT @ll,UUU could nave disappeared between
Sept. l, 1874, and the failure, May 4, 1875.
Q-What period of time did these checks
cover?
A-They run from Sept Is, 1874. to some.
time in April, 1875, excluding the check for
$4S95 given in May, which is produced here.
Alfred B. Winslow testified that the Eastern
Express Co. transferred by telegraph for the
Bank of Portland from Dec. 26, 1874, to May 1.
1875, $394,OOO, for which that bank paid one
fourth of one per cent. amounting to 1915.
Tho deposition of Geo. E. Carr, cashier of
the Everett National Bank was read, showing
the manner of transacting business with the
Bank of Portland.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

NEW ENGLAND OPERA TRoUPE.-To-mor.
row the New England Opera Troupe appear at
Music Hall in the opera of "The Bohemian
Girl" This troupe has won golden opinions
wherever it has appeared, the singing through
out being of the highest character and the act
ing easy and natural. Several members of the
troupe are tolerably well known here. Miss
Anna Starbird has hosts of friends here who
will give her warm welcome Mr.. Rudolph.
sen is baritone of repute, whose full rich voice
is not unfamiliar in Portland. Mrs. Kempton
is another Portland girl whose fine contralto is
pleasantly remembered here. Mr.. Stanley
Felch will be remembered by bis appearance
in Belshazzar. The Others are all good sing
ers, and the chorus IS large one. The sale of
seats opened Monday, and many were at once
taken. The continuous storm since has inter-
fered with the sale aud so good seats may yet
be secured.
The following is the distribution Of charao-
ters Count Arnheim, Governor of Presburg,
Mr.. j. f. Rudolphsen; Airline, the Counts
daughter, Miss Anna Starbird; Queen of the
Gypsies, Mrs. Jenny 7. Kempton; Thaddeus,
a Prescribed Pole, Mr.. Chas R. Hayden; Dew
ilshoof, Chief of the Gypsy Tribe, Mr.. Stanley
Felch; Florestein, Nephew to the Count, Mr.
W. Willis Clark; Buda, Arlne's attendant,
Mrs. e. V. Rink.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16
Brief JOttings.

The leap year dinner OF the 2Sth is not intend
ed to be dress bail.
A slide of ice from one wing of the City
Building went through the window into the
Probate Office yesterday doing slight damage.
The City Club has returned from Lewiston.
The storm yesterday was most severe.
There will be union temperance meeting at
the Allen Mission this evening. The public
are cordially invited.
Mr.. r. T. Larrabee has sold the famous trot-
ting horse 'Loafer" to Capt. James Emery of
Biddeford. for $500.
The wind played high jinks about town last
night.
The walking never was worse than it was
yesterday.
The centennial crew spoken of in this paper
yesterday, will at once begin to raise funds for
new boat. Z 1t isia hard crew to beat.
Why not have the Bangor Amateur Min
strels give an entertainment at Music Hall
They are meeting with great success in other
places.
Real estate brokers in Biddeford are reducing
their rents in view of the present hard times.
How would the thing work in Portland?
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

A SURPRISED CLERGYMAN.-Rev G. w.
Bradlee, pastor of Congress street NJ E. church,
while responding to an Invitation to take a cup
of tea with one of his parishioners Monday
evening, was surprised upon his arrival at the
house to find large company OF persons as
sembled to welcome him, and was furthermore
surprised when they insisted upon his removing
his coat, and DOMINIC an elegant dressing gown
which was presented in behalf of the pastors
class by Mrs. A. Tuckwell in few appropriate
words. The astonished clergyman managed to
expressed his thanks, but thought he could have
done better if they had only unfolded the Sc
cret day or two beforehand. A sumptuous
collection was served at an early hour, and the
evening passed away in delightfully."- social
manner
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16
Pers0uaI.

Mr.. Arnold's friends indignantly repudiate
the suppostion that he left town in order to
escape paying his debts His bills are small in
amount, and doubtless will be provided for
His friends entertain no doubt that he will re-
turn to Portland as soon as certain business
matters are attended to. The statement that
he went away without paying his board bill is
without shadow of foundation.
We learn that Geo. H. Blake, Esq, of this
city, now in Florida has made valuable dis
covery of process for curing moss in forty
eight hours. By all other processes now in use
it takes from eight to ten months. Over mil.
lion dollars worth of this article is annually
sold in the Southern States. Mr.. Blake has
applied for patent on his process.
Rev. Henry Ward Beecher has engaged rooms
for himself and family at the Twin Mountain
House the coming season.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

PORTLAND TEMPERANCE REFORM CLUB-Head-
quarters in Fluent Block, corner of Congress and
Exchange Streets, Rooms and 10. Open day and
evening" Business meeting every Monday evening at
u O'Clock.
PORTLAND TYPoGRAPHICAL UNION, No. 49,
Second Saturday in each month.
MAINE CHARITABLE MECHANIC ASSOCIATION
Corner of Congress and Casco streets. First Thurs
day in each month.
YOUNG MEMS CHRISTIAN ASSOCIATION Corner
Congress and Casco streets. Every evening.
KNIGHTS OF PYTHIAs-BramhaI Lodge, No. 8
Thursday evenings; Mun1oy Lodge, No 6, Mon
day evenings; Pine Tree, No. H. Friday evenings
At their Hail. Clapp's Block, Market Square.
PORTLAND ARMY AND NAVY UNION Corner
Congress and Brown streets. First Tuesday in each
month.
PORTLAND INSTITUTE AND PUBLIC LIBRARY
City Building. Open and free to all from 10 to
o 5 and 90.
PAYsoN LITERARY SoCIETY.-Meetings every
Monday evening, Browns Block, cor. Brown and
Congress streets, at II o'clock.
PORTLAND FRATERNITz-No.567lC Congress street
Every evening.
MERCANTILE LIBRARY ASSOCIATION, Congress
Hall Block. Second Monday in each month. Deliv-
cry of books, to 6, to 9, day and evening.
INDEPENDENT ORDER OF GOOD TEMPLARs-Ar-
cana, Monday; Mission, Wednesday; Forest City
day. at Sons of Temperance Hall Congress st
Iron Clad, Thursday, at West End.
PATRIOTIC ORDER Sons OF AMERICA-Camps No
1.3 & convenes over the Eastern Express Office,
Plum Street; No on Tuesday evening; No. on
Wednesday evenings No. a on Monday evening; No
at School House, Turner's Island, Cape Elizabeth,
Friday evening.
BoswoRTH Posi- G. A. R.-Meetings every Friday
evening in Mechanics Hall, corner of Congress and
Casco streets.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

CATHOLIC FAIR.-Notwithstan the storm
last evening the Fair was largely attended
The draught;ng instruments went to P. Quinn
of the Portland Company, he having 1000
votes, and Miss Lynch received the ladies'
work box, which was offered to the most popu-
lar lady in the hall. A little before half. past
nine o'clock large crowd gathered about the
board to watch tho voting for the dressing
gown, which was to go to the most popular un-
married man. T. j. Welch and Ed. Owen
were the candidates for the garment. They
were about even on the start, and the friends
of each were very confident. At one minute
before the time was up they had 691 votes each.
In second an Owen man threw down 500 and
claimed 200 votes, making Owen S91 WEIGH
then got his number up to 762 and the polls
were closed OWENS friends were happy and
cheered Justify for their hero. The friends of
Mr.. WEIGH were willing but they were taken
by surprise and did not expect such rapid
change in the figures. The fair closes this
evening.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

STORM ON THE OGDENsBURG.-For the last
two days there has been fearful hail storm on
the Ogdensburg road, and the trains have had
hard work to get through. Yesterday the storm
was very severe and the up train had hard on
to reach Bartlett, but whether it got beyond we
have not heard. The down train had not reach
ed North Conway at 2o'clock this morning,
and it is feared they are having rough time.
large party of st. Johnsbury merchants are
on board this train on their way to this city on
a short visit They have engaged quarters at
the Falmouth.
Superintendent Hamilton has sent two large
engines and large force of men to the Notch
SO as to have the track clear for travel to-day.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16
Important 10 Business Men.
Hnmse nnd StabIe tO Lef,

"OUSE of six rooms, Sebago water with every
Ill modern convenience. Stable has SebagO wa
ter cemened cellar, stalls Deep wide light and well
ventilated. On new street from Bracket to Clark.
Spring Street Horse Cars pass very near. Apply at
No 20 Bracket st. feb2isdtf
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16
MASONIC
At Masonic Hall, No. 95 Exchange Street.


At Masonic Hall, No. 95 Exchange Street.
YORK RITES.
BLUE LODGEs-Ancien. Land Mark, first Wednes-
day; Portland second Wednesday; Atlantic, third
Wednesday.
CHAPTERs-GreenleafR R. A. c., first Monday; Mt
Vernon, r. A. c., third Monday
CoUNcIL-Portland G. r. & S. Masters, second
Monday.
CoMMANDERIEs OF K. Portland, fourth Mon
day: st. Albans second Thursday.
GRAND BoDIEs-Grand Lodge, first Tuesday in
May; Grand Chapter, first Tuesday evening in May;
Grand Council, Wednesday P. M; Grand Com
mandery, Wednesday evening.
Masonic RELIEF AssooIATIoN-Fourth Wednes-
day in every month.
PORTLAND SCHOOL OF MASONIC INSTRUCTION.
Second and fourth Tuesdays of each month.
ANCIENT ACCEPTED SCOTTISH RITES.
LoDGE-Yates Grand Lodge of Perfection, first
Friday.
CoUNoIL-Portland Council P. of j cond Fri
day.
CHAPTER-Dunlap Chapter Rose Croix de H., third
Friday.
CoNsIsToRY-Maine Consistory, S. P. R. S., fourth
Friday in March, June, September and December.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

STEAMER MovEMENTs.-The Allan mail
steamer Peruvian, Capt Watts, from London
derry the 9TH inst, arrived at this port yes.er-
day afternoon, with II cabin and 43 Storage
passengers. She had very pleasant passage.
The steamer Caspian, Capt. Trocks, arrived
n1t una I'd
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

CirX COMMITTEE Republican City
Committee have established their headquarters
at No 4SO5 Congress street, opposite the Preble
House. The rooms are open day and evening,
the leading Republican newspapers are kept on
file, and the committee would be pleased to
have all Republicans drop in. Give them fire.
nuent calls.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

STRONG WIND.-During the high wind yes
terday afternoon about O'Clock, as Mr.. Wood
worth was crossing the Park, the wind was so
strong as to take an umbrella from the hands
of a lady just ahead aud lift it high in the
air, and the last he saw of it it was sailing over
the houses on Congress street. How is that
for hoh2
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

FUNERAL-At meeting of the Cumberland
Bar Association, held at the Law Library on
Monday, James O'Donnell, D. w. Fessenden
and s. L. Carleton, Esqs.. were appointed a
committee on resolutions in reference to the
decease of Albert Merrill. The funeral ser
vices Will take place at the residence of E. w.
Merrill. No. 2, Bradford street, at ten o'clock
to-day. Burial at convenience of family.
Members of the Bar are invited to attend.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16
IscATAQUIs COUNTY

In another column will be found an adver-
& Moore have received Keeps patent SHIRTS,
partly made. These shirts are made about the
neck and have the bosoms all put in. All that
is required is to sew on the cuffs and the sleeves
and sew up the side seams and the shirt is com.
pleted. They are nice, sure to fit and must
have a great sale
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

THE MUsEUM.-In spite Of the unfavorable
weather last evening there were few ladies in
attendance. Should the weather be favorable
there will doubtless be large audience prese L:
to witness the last presentation of this attrac-
tive comedy, School," at the matinee this af-
ternoon. Last evening Mr.. Waldron sustained
with credit the part Of 'Jack Pontz." in the
place of Mr.. Snyder. Tonight Deborah
will be placed upon the boards with the follow
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

A Odd FeIlo,cs' HoJJ. No, 88 E.

A Odd Fello,cs' Hall, No. sS Exchange Street.
LoDGEs-Maine, on Monday evenings; Ancient
Brothers, on Thursday evenings; Lgonia, on Friday
venings; Beacon, on Tuesday evenings; Ivy, D., Of
R., second and fourth SATURDAY..
Observation-Disclosures first and third We'd
nesdays; Eastern Star, second and fourth Wednes-
days; Portland, first and third Saturdays.
RELIEF AssoCIATIoN-Every third Tuesday in the
month.
BENEFIT AssocIATIoN.-Board of Directors meet
first Monday evening of each month. Association
meets first Monday evening of January, April, July
and October.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16


PORTLAND, Me-, Dec. "a, 1875.
Arrival and Departure of Mails.
Boston and intermediate offices. Arrive at 1.20
p, m. and 1890 a. Close at $40 m, and $50 and
800 p. m.
Boston and the West. Arrive at 500 m.
intermediate or Way Mails via Boston and Maine
Railway. Arrive at 1.2O and $40 pm. Close at
$40 IN and 2.3O pm.
Great Southern and Western. Arrive at 90 D. IN.
and 12.3O m. Close at $40 m, 2.30 and 900 p m.
Bangor, Mattawamkeag, and connecting routes
Arrive at 800 p. M Close at 1880 p. m.
Augusta and connecting routes Arrive at 900 a.
m. and 90 p. m. Close at 1890 and 500 p. m.
at 200 am. Close at 900p m.
Skowhegan, intermediate offices and the north
Arrive at 800 D. m. Close at 1890 p. m.
Skowhegan closed pouch closes at 900 p m.
Canada and intermediate offices, via G. 7. R. Ar
rive at 2.20 p. m. Close at II. As pm.
Morning Northwestern by G. L. r. Arrive at s.45 a
m. Close at $50 a. m.
Lewiston and Auburn. Arrive at 900 a. M, 800
and $50 p. Close at $50 M 1890 and 500 p. IN.
Rochester, N. H.. and intermediate offices. Arrive
$3.50 pm.
North Conway and other offices on the P.-t& O. R
r. Arrive at 11.25 m, and 5.55 p m. Close at 745
a. m. and PIG pm.
BY the Bridgton Stage. Arrive at p m. Close at
$50 am.
Eastport, via each steamer. Arrive at 600 m.
Close at 500 p m.
Castine, Deer Isle, Sedgwick, Mount Desert, Mill
bridge, Jonespert and Machias, via each steamer.
Arrive at a m. Close at pm.
Nova Scotia and Prince Edwards Island. Arrive
Thursday at m. Close Saturday at $50 m.
Foreign Mails per Allan Line direct close every
Saturday at 3 p m.
Foreign Mails via New York, day previous to sail
ing OF steamers, Close at 2.30 p m.
Collections from Street letter boxes at 7 90 a. H.
IL M. and 2 90 and 500 p. m.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

THE JAIL WORSHIP dozen pris-
oners at the Jail commenced work in the new
workshop yesterday morning. Sheriff Pennell
made a few remarks to the men encouraging
them to work and give their attention to learn
Ing the business. The hours of work will be
IRON to IL and from / toe.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

LEAP YEAR PARTY.-A very large party
gathered at Grand Army Hall last evening de-
spite the storm, to attend the first leap year
ball of the season. 1t was very pleasant af-
fair, and with the fine music by Chandler,
they had gay time of it. A fine supper was
served in the banquet hall. The whole affair
was arranged by the ladies and reflected much
credit to their good management.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

LEcTURE.-This evening Rev. J. W. Hamil-
ton of Boston, will deliver the last Of course
of lectures in the Pine street M. E. church.
The subject is GAIL Sorts Of Preachers and
as the speaker is one sort he will no doubt give
good lecture. The lecture will be in the new
yestrv
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16
NunciuaI Court.

JUDGE KNIGHT PRESIDING.
Bridget Haney. Vagabond. Thirty days Com
mitted.
Anthony Devine. Common drunkard. Thirty
days. Committed
Bridget Moes and Daniel Hollywood Search and
seizure Fined $50 each with costs. Committed.
Rufus H. Waite. MILFORD F. Coggins, Hugh Gal
lagher and James J. Hawkins. Search and seizure
Fined $50 each with costs. Paid.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16
CONSERVATIVES TAKE NoTIcE,-Every momel

CONSERVATIVES TAKE NoTIcE,-Every moment
of delay makes your cure more hopeless, and much
depends on the judicious choice of remedy. The
amount of testimony in favor of DR.. Schenck's
Pulmonic Syrup as a cure for consumption, far ex-
ceeds all that be brought to support the preten-
sions of any other medicines. See DIR. Schenck's
Almanac, containing the certificates of many per-
sons .of the highest responsibility, who have been
restored to health, after being pronounced ncurabIe
by physicians Of acknowledged ability. Schenck's
Pulmonic Syrup alone has cured many, as these
evidences will show but the is often promoted
by the employment of two other remedies which Dr.
Schenck provides for the purpose. Thes additional
remedies are Schenck's Sea Weel Tonic and Man
drake Pills. By the timely use of these medicines,
according to directions, DR.. Schenck certfes that
most any case of Consumption may be cured
DR.. Schenck is professionally at his principal office,
Corner Sixth and Arch sJreets, Philadelphia every
Monday, where all letters for advice must be ad-
dressed. feb1deod3p&wlmsn
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

IHE BERGER-RUssELL CONVERSATIONAL
announcement is made that the Berger Family
ana Sol Smith Russell's Concert Company will
appear at City Hall Monday evening. The
combination has been in Boston for the past
two weeks, and is highly spoken of by the pa
pers of that city.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16
CITY AND VICINITY.
New Advertisements To-Day.

ENTERTAINMENT COLUMN.
City Hall-Berger Family Concert Troupe.
P. G. U.-Congress Hail.
MISCELLANEOUS NOTICES.
Cutting-0rin Hawkes. & Co.
NEW ADVERTISEMENTS.
Dauchy's Advertisements.
New Sagua Muscovado Molasses-John ID. Lord.
Astonishing Sacritce-Deane Bros.
Notice-Hooper, Eaton 81 Co.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

LYONS KATHARIoN prevents the hair from
falling out or turning gray, renews it growth,
and gives strength and vigor. 1t is delightfully."-
perfumed, and makes splendid dressing. It
ever produced. Used by the elite. Price only
so cents. apr16deodaw1y
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

SINCE we have our hand in at selling dry
goods cheapest of any concern in the 81 tate, we
shall continue to sell at our old store, 26t Mid
die street, at very low prices in order to reduce
our stock as much as possible before moving to
our new store. RINEs BROS
fah1d-tf
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

AssAULT.-Mr. Hezekiah Stetson OF West
Paris, was assaulted in smoking car on the
Grand Trunk, on Monday, 9TH inst, by two
roughs, who beat him so badly about the head
that he was confined to his home for several
days-OTf0rd Democrat
1t is said that the roughs referred to reside
in this city and are soon to be arrested.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

f. O. BAILEY & Co. will commence their
sale of dry goods at 10 o'clock this morning at
salesroom IS Exchange street. The stock is
very large, consisting of staple dress goods,
shawls, linen and cotton goods, SC. See auc-
ton column.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-02-16

THE NATIVE WINE Observation-Disclosures G.
Crosby of the Brighton House, was brought
before Justice A. j. Chase of Deering, yester-
day, charged with selling native wines. He
was found guilty, but appealed. Strout 81
Holmes appeared for the respondent