davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1876-03-24
ALTERING A PROMIssoRY NOTE.


John G. Z. Taddiken and Mary A. Cantrell in June,
1873, had accounting and the latter gave TWO prom
issory notes conveying the amount supposed be due
by her 10 the former, the notes being drawn the
usual commercial form. Eight months after the notes
remaining unpaid, he consulted certain lawyer who
advised him that the notes were not valid and that
they should contain clause charging her separate es-
tate, Mrs Cantrel owning tract OF valuable real
tate in this city The words sand hereby charge my
separate estate with the payment Of the above
thereupon interpolaed and SUIT commenced by
Mr.. Taddken to recover the amount of the note The
action tried three times, the jury disagreeing on
two occasions, but the third trial. upon plaintiff
swearing that the defendant had authorized him 10
make the notes valid the jury found for plaintiff The
case was appealed to tho Supreme Court General
Term. Mr.. Henry H. Morangc, counsel for appellant
oontended that the alteration mate.
rial one and vitiated the notes; that no au-
including in them separate ana independent
contac that the contract OF the parties fixed and
unalterabe when the notes originally made had
been delivered and accepted that the alteration having
been made without the knowledge, privty consent
OF the de!en dant II was not binding upon her. that
the alteration material, IL enabled the plaintiff
TO recover without giving any testimony aunde tho
notes, and that authority materially alter the
notes be inferred but must be express Numerous
authorities cited sustain the position assumed
by counsel. Mr.. d. I. Robertson for respondent as
serted that the alteration was not material as the
those words that at all events the change in the
tract contemplate ed by Doth parties and that the
authority to alter the note continuous He argued
that the addition Of the words question added no
great weight TO the notes and that they
sary TO recovery The Court took the papers and
reserved its decision
The New York herald., 1876-03-24
Adverse Decisions by the Court Of Appeals
and Commission Of Appeals.
GLORIOUS UNCERTAINTY OF THE LAW.
What Constitutes a Material AItera-
alton Of a Note
Responsibilities Of Charterers
of Vessels.

rather singular came up for argument yester-
day in the Supreme Court General Term, the case
ing in the extraordinary position Of compelling judicial
determination TO which was the sovereign legal
oracle Of the State the Court Appeals or the Com
mission of Appeals. In March, 1862 Henry Dakn,
who then lived in Vermont gave a note for So 740 81
which the Mechanics and Traders Bank OF Jersey
City discounted. AT that time Mr. Dakin owned a
bond made by william Miller, secured by a mortgage
on land in Tompkins county. Before maturity Of the
note Dakin assigned the bond and mortgage a Mr..
Jewell, which assignment duly recorded The note
having become due and remaining unpaid, an ali-
davit of Dakns residence, and that he had prop
ery in the State nine days before any order for the
service of summons by publication was made war
rant OF attachment issued to the Sheriff Of Tomp
kns county TO attach the debt owed Dakin by Miller.
Suit was brought and in April, 1868, Judgment was
given by publication default against Dakin, and
the following day the transcript was 1led with the
county Clerk aud an execution issued to the
Sheriff. While the execution remained in the
hands of the Sheriff suit was brought by the
bank TO recover on the note. The case tried be-
fore Judge sutherland, then on the supreme Court
bench, and the case dismissed The plantIs ap-
pealed 10 the General Term, which affirmed the judg
menL The case was then carried to tho Court OF Ap-
peas his happened TO be of the 500
ferred by special Of the Legislature from the Court
of Appeals TO the Commissioners of Appeal. Pending
decision by the latter tribunal the Court OF Appeals
decided involving precisely the same question
of law, and subsequently the Commissioners OF Ap-
peas gave decision this exactly the reverse.
Upon discovering the conflict in the decisions mo-
denied on the ground that inasmuch a trial had
been ordered either party, upon such trial. If dis
satisfied with the result, could take the same TO the
Court of Appeals for final disposition and thus the dis
puted question conld be finally settled Upon
Tor trial the retired before Judge Donohue
at SPECIAL Term, and 1t upon appeal from tho
judgment at this last trial that the before
ihe General Term. As will be seen, the case presents
some very curious phases and pretmnenty, the glo-
rious uncertainty OF the law.
The New York herald., 1876-03-24

CONTINUED on NINTH PAGRl
The Republican journal., 1876-06-01
Dogs as Detectiv -.

From the London Times, April 18TH
William tlSh who has been alprehend-
ed on the chargeot numbering the little ilri
Emily ii"lland, was yesterday taken be-
fore Magistrates at the Town HAL, Black
burn, lie IS twenty-s!N years ol age and
Il barber.
On Monday morning Peter lay Ior placed
two dogs at the disposal ot the poi lce-l
springer anG part pred blood hound
Ihe Chlei Constable arranged with some
OF his officers To take the dogs to two bar
uers' shops, one Kept BY Dennis hlle-
head, ana the other the prisoners The in.
tenuon was kept secret aud they mtn-
aged to gct mt" both houses unooaetN ed
10y the lnAabltants, In the irst house
that ol Den"ls hitehead-the blood
hound did not appear to scent any thing.
and they went 70 llshS he dog I'M,
medlateIy on entering the house began to
sniff All round. and eNIdchtly scented some
thing in Il back room. The door which
leads to the upper room was shut but De
lectivc officer Holden opened 1t and went
up stairs he dog followed and shifted
round the back room, in which there was
no Fireplace and really scented something.
1t then passed into the front room hnalIy
stopping at the fire place. Mr.. Taylor
Went TO the chimney aud found 2 human
The Republican journal., 1876-06-01

EngGshmen remember with gratitude
and admiration the services of Admiral
George Vernon jackson, who recently
died in England at the ripe age of eighty
niue When seven years old he was ell
tered as midshipman, and at the age of
fifteen he had seen service enough to be
entrusted with a lieutenant's commission
When less than twenty-one years of age
Jackson was for the second time in his
experience taken prisoner by the French
and marched off to Verdun. He escaped
from his guard, however, and found his
way back to the coast whence, after a
long concealment, he launched fishing
punt with fellow fugitive and, spreading
a tablecloth tor sail, started for England
His frail craft was overhauled. and once
more he was marched off to Verdun from
which he again escaped, only to be recap
tured and put in chains into the fort at
Porte Chaussee. Twice he broke out from
this durance, for the salt water in his blooo
made French earth and air intolerable
but both times they captured the daring
prisoner, and at last they threw HIM tas'
bound into the grim fortress OF Bltche
| which even the Germans were not able t
| take in the late war. His marvellous es
cape from this place has been described
by Capt. Marryatt, under the name o
O'Brien, in Peter Simple" jackson
made good his perilous way to the Nor.
mandy coast aGd there embarked alone il
French shallop, crossing the Channe
| unpursued but SO exhausted and in suct
straits that when the Mutine sloop pickeo
him up off the Overs, near his native
| place-the Isle of Wight-he was nearI,
dead. English air. however brought him
round again, and he did good service tol
many a year on board the old Indefatiga
BILE and other ships.
The Republican journal., 1876-06-01
A Natural Method.

An ingenious Yankee has been bother
ing the New York stable-keepers and rail
road men with a new method of shoeing
horses. 1t requires no fire in blacksmith
shop to adopt this method. The shoes are
taken in sizes from the manutactory and
are nailed on to the foot cold. There is
no cork at heel or toe on the shoe. The
frog is not cut away. The shoe does not
protect the frog, but the frog strikes the
pavement. The theory Of the man is that
the frog is to be used and is a sort of a
cushion that strikes the ground and pre-
vents the hoof from larring. Nobody was
disposed to laugh at the matter All the
horsemen said that a horse would be ru-
med who travelled on the frog. The an
swer was: All the wild horses travel in
that way, and how seldom lame one is
seen in herd Six months ago Alderman
Richardson agreed to give the invention a
trial on his road. 1t has worked superbly.
Lame horses have been cured, and the
great number Of the teams have been pre-
served from lameness. Not horse in the
stable has cut on the hind leg from the
shoe, and the Alderman would not &c
back to the old practice at any price. The
expense of the work in the shoeing de-
partment has been reduced one-half and
the feet of the horses are kept in capital
order.
The Republican journal., 1876-06-01
An Item for Fishermen.

If any animal but q fish were allowed
to die a lingering death 10y sutfocation, OF
should be drowned, people would be un-
willing to eat the meat Of such animal,
and would consider it an imposition if !.
provision dealer should send such things
for their table. And yet it is usual when
fish are caught to leave them without air
(breathng in their way) and they die an
unnatural death, after struggling perhaps
for hours. No one seems to think their
flesh is injured by this suffering. Never
theless it is SO that if one has no thought
for the unnecessary suffering for the fish
he ought to Kill 1t instantly, out of regard
for his own stomach. He would find q
great Improvement in the quality. Strike
the fish a sharp blow just back of the eyes
or with a knife divide the back bone.
The Republican journal., 1876-06-01
Dyine in Harness,

Only fallen horse stretched out there the road,
Stretched in the broken shafts and crushed by the
heavy load;
Only fallen horse and circle of wondering eyes
Watching the ftighted teamster goading the beast
10 rise.
Hold! for his toll is over--no more labor for him;
See the poor neck outstretched and the patient eyes
grow dim;
See on the friendly stones how peacefully rests his
head
Thinking, if dumb beasts think how good it is to be
dead
After the burdened journey, how restfu it is 10 lie
With the broken shafts and tbs cruel load-waiting
only to die!
Watchers, he died in harness-died in the shafts and
straps
Fell, and the great load killed him; one of the days
mishaps-
One of the passing wonders marking the city road
toiler dying in harness, needless Of call goad.
Passers, crowding the pathway, staying your steps
awhile,
What is the symbol? "Only death? why should we
cease to smile
At the death of beast of burdan?" On; through
the busy street
That is and echoing the tread Of the hur-
rying feet!
What the sign? A symbol to touch the tlr eess
will
Does He who taught in parallels speak In parallels
The seed on the rock Is wasted--on needless hearts
of men,
That gather and SOW and grasp and loselabor and
sleep-and then
Then for the prizei crowd IN the street Of ever
echoing tread
The toier, crushed by the heavy load IL there in his
harness-dead!
j. Boyle O'Reilly.
The Republican journal., 1876-06-01

A remarkable poisoning case is Just
now making q great sensation in London
society, owing to the high position held in
it by the parties concerned. The victim
is MIR. Charles Delaney Turner Bravo,
| who is described as having been a rising
young barrister, living in Il fashionable
quarter Of the metropolis with his wife, to
whom he has been married but six months,
the lady having q nousekeeper, Mrs Cox,
also in the house There were several SER
wants, including coachman and tootman,
in the establishment, as Mr.. Bravo kept
two carriages and two pairs OF horses
Three weeks ago The young barrister, who
was rapidly gaining position in West
minister Hall. was suddenly stricken with
illness while sitting at his table in his own
house. He was carried to bed in state
of insensjhility, and the local doctor was
sent for, Who used the stomach pump and
administered brandy Under this treat
ment the patient slightly rallied, but only
doctor insisted upon distinguished ply
upon his arrival the patient was pronounced
to be suffering from metallic poison. The
patent gradually sank and died in terrible
uSouy An liiuuest WAS uelu upon tHe
body, and a post mortem examination re-
vealed the fact that the deceased had
swallowed ten grains of antmony. The
proceedings at the inquest are described
as being peculiar" aud there appears to
be ground tor suspecting that he was
poisoned by his wife, who is described as
Il dashing woman of marvellous beauty.
Before marrying Mr.. Bravo she was the
widow at that time of Capt. Ricardo, for
merly of the Guards Her maiden name
was Campbell and her father had amass-
ed Il large amount of money in Australia.
Capt. Ricardo, who first met Miss Camp
bell in Montreal, was of good family and
large fortune. Circumstances which oc-
Cured at Great Malvern caused much un-
happiness between Capt. and Mrs. Ricar-
do, resulted in a separation with an allow
ance to her of fl200 a year, and ending
in a suit in the Divorce Court While the
suit was pending her husband died. He
had made a will in her favor some years
previously, and had not revoked it since
the differences between them began, and
hence on his death Mrs Ricardo became
possessed of Il handsome income, besides
having a considerable amount Of property
in her own right
The Republican journal., 1876-06-01

After a protracted run on the Lewiston
Institution for Savings, the trustees were
obliged to suspend. They made appica-
tiou to Judge Walton for the appointment
of receiver. under the statute and the
judge ordered Il hearing May lst. Under
this proceeding the assets will be disposed
of. the loans collected as they shall mature
and depositors be paid pro rata. This will,
Of course. occupy several months. Such
closing up of the affairs OF the bank will
necess:tate some loss to the depositors, on
account of depreciation of certain securi-
ties held by the bank. The deposits in
the bank last November We're 1878 100 :
93. On the day of suspension they had
run down to $758,672SO.
The Republican journal., 1876-06-01
A violent storm of rain and hail prevailed

A violent storm of rain and hail prevailed
Sunday. through Eastern Pennsylvania and
Northern New Jersey, which is reported as
having been terribly destructive TO fruit trees
and growing grain. Reports from Lancaster,
in the former state, and Morristown in the lat
ter, of the passage of a meteor. show the direc-
ton of its track to have been northea>terly, in
acc rdance with the general law governing the
movements of these storms. The velocity of
the progress of the storm was nearly tiily miles
per hour. and its principal feature was the size
of the hail precipitated. This is reported to be
from one aud half inches in diameter to the
size of q hens egg.
The Republican journal., 1876-06-01

The new centennial postage stamp has
made its appearance. 1t is green in color
and bell shaped with the words and fig
ures ~. S. Postage. 1776' at the top, and
Il postrder underneath galloping at full
speed. The lower half'ot the stamp re-
presents the electric telegraph and IL train
of cars, and underneath are the words
Three Gents, 1876" The government
will furnish postmasters with the centen-
nial stamps for sale.
The Republican journal., 1876-06-01

Mckee. and Mcguire, oi the St Louis
whisky ring, take their proper places be-
hind the bars The President sent the APP
picaton for their pardon to District Attor-
ney Dyer and Attorney General Pierre,
pont. but. both declining t. recommend
the granting of it, law and justice pre-
vailed
The Republican journal., 1876-06-01

The Morn. This little insect, 50 de-
structive in our households, is known to
nuturaists by the name of tinea, and be-
longs to the family of the lepidoptera, or
scaly- winged insects, Of which it is the
smallest, the most beautiful and the most
destructive 1t is second cousin to the
canker worm, the apple worm and the
turpentine moth, but among its aristocrat-
| ic and honorable relations is the silk worm.
The immediate family relatives of the com
mon moth are the bee moth, the carpet
| moth, the hair moth, the grain moth and
the pack moth. AS soon as the egg laid
BY the mother moth is hatched. straight
way the tiny worm proceeding from it be-
gins to feed upon the fabric to which it is
fastened, and spins itself a cocoon, in
which it moves freely and unseen, and
from which energies in due time butter
fly In May or June these winged insects
deposit their eggs Before this time every
thing they can harm should be placed be-
yond their reach. Before putting away
fur and woollen goods they should be
thoroughly beaten to dislodgc any eggs
| that may have been deposited on them,
and exposed to the sun and air for hours
1t is said that brushing over their retreats
with turpentine will dislodge Them that
| camphor, black pepper, tobacco, shavings
Of Russia leather, will disgust them that
| camphor wood and cedar trunks are free
| from their visitations, and that corrosive
| sublimate washings, lphur tImigations,
and the action of heat and steam will de-
stroy them. Prevention is the best cure
If furs and woollens are carefully sealed
up in paper cases, or put away in chests
and trunks which the moth fly cannot pen
| citrate, they should be beaten and summed
repeatedly, and the ravages will be check
ed. This little insect loves darkness, and
hides its evil doings from the light Of day
TRANsPLANTING EvERGREENs. Each
spring there come numerous inquiries
about transplanting evergreens, and many
| think success depends upon choosing eX-
acty the proper time. In our experience
we have not found the When so important
as the A92O, having removed the trees in
the fall, and early and late i'll the spring
| If one can have his choice OF times, nc
doubt that the period when the swelling
of the buds shows that vegetation is active
would be preferable, but we have succeed
| ed with much earlier and much latel
| planting The one great and all essential
point is to keep the roots from becoming
dry. Ii these are dry, send the tree to the
bush heap, as that will be its ultimate des-
tination. If the trees are to be brought
from no great distance, a dull day can be
waited for, otherwise the roots must be
packed in wet moss, be puddled, Or some
protection given them they had better be
kept soaking wet than to dry at all. Some
ask what manure to use Probably guanc
would kill them the quickest, but fresi
stable manure VIII be pretty sure. Nere1
manure an evergreen at planting. Wher
well established, well decomposed manure
will be of use. The top affords such at
obstacle to the wind that all trees owe
two or three feet high should be staked
| TAgricuiturist.
The Republican journal., 1876-06-01

A lady had her dress trimmed with bugles
before going to ball Her little daughter
wanted to know if the bugles would blow when
she danced "Oh, no,' said the mother, "papa
will do that when he sees the BILL"
The Republican journal., 1876-06-01
Lambs and Calves.

Now tOr the calves and lambs, and there
IS no interest with which farmers have to
10 where the ounce Of prevention pays
better than here Be sure and have the
coW gaining when the calf is dropped.
Give u warm, dry room, with good bed
tor lying i'm light but generous diet
aiterward, with no ice-water; treat her
with gentle kindness, and above every
thing else, keep her from cold draughts OF
air, and YOU VIII hud that it Will pay even
SD much better than doctors and flrriers,
after your COW has gotten out of sorts
from want Of proper care when she most
needed it.
A COW that is gaining when she calves
and is taken care of at and after the call
Is dropped, is almost sure to do well ant
such an one is already to commence hen
seasons work Of producing butter
It has been my invariable practice fol
more than twenty years to feed my cows
lightly before calving with ears OF corn,
uuless they are in good grass; and | have
not had one retain the aitcrbrth in a.
that time
So, too, care pays when the lambs are
dropped in cold weather. Every man thai
has considerable flock should have two
or three small. warm pens, into each o
which he should put three or tour sheep a
few days before they are to lamb; and, il
the weather is cold, he should look atte
them once or twice in the night, and ther,
iS really no more need Of losing a laml
tAan Il calf
1t is sometimes the case when >heel
has twins that she viii own but one. un
less She or they have help. Usually if sh'
IS put in very snug pen immediatel
after the lambs are dropped she will ac
cept the situation. If one stubbornly re
fuses to own her offspring, just put he
head between two stakes driven into thu
floor OF the pen and let her be there
never knew one | could subdue. By al
means have a nursing bottle on hand ant
feed the lambs just enough to keep then
hungry and smart; and if the sheep ar
poor mixers, give them shorts and pota
toes, with plenty of salt, sulphur an'
water Cut the tails pretty short at three
days Old, if the lambs are smart, but with
in the first week usually. Keep off tn
ticks, and the lamb will be lit to sell il
season for the dam to get in good orde
for winter and sheep that comes to th
barn fat is about half wintered
An ounce Of prevention is worth poun'
OF cure. Ger. Telegraph.
The Republican journal., 1876-06-01
e Butter Makers Experience.

| keep sixteen cows; am milking ten
this winter-siX new milchs. | make six
ty-three pounds of butter a week. The
COWS are Il mixture of native with Jersey !;
but | prefer they be half of each, for the
reason that the milk is Just as good, more
in quantity, and the cows more hardy than
all jersey. OF course the native cows are
the very best. Hay is given three times a
day, and quart of cob-neai and shorts
twice a day / add to this meal two quarts
of skim-milk The cows are supplied with
all the salt they will eat Water is given
twice a day, Immediately after eating hay
Bed the cows twice a dav thoroughly with
fine shavings and sawdust to keep them
dry and clean. In winter card them reg
ularly once week.
treat my COWS with great kindness.
being very gentle to them, as such treat
ment has great deal to do with a gener
Gus flow Of milk During the milking
season my son fivOrs them with his best
Whistiing, not because he ever heard that
cows are partial to such music, though he
thinks 'our cows" relish it much, and eX
peet it morning and night. Doubtless it
has a soothing effect upon them. My pas
lures are newly cleared, hiEly and rocky,
with western slope, and pretty good; !;
the other older and more level. but pro-
luctive. have about 20 acres of NOW
ing land, and cut from ~ to 30 tons of
nice English hay. My ia:m is on hill !;
soil deep, strong and productive, first
crop cut early | cut several tons second
crop of clover in August. We scald our
milk or heat it twice day. from the mid
die of October to June l5t. in a tin pail
over kettle of boiling water. The pail
viii hold what put into four pans. about
three quarts to a pan. Milk stands SO
hours, then skim In winter keep 1t warm
in "A room warmed by a soap-stone stove,
so that the temperature j. about the same
day and night-from 80 to 90 degrees.
The milk is set on two racks, made in this
way An upright square post, eight feet
long, six inches square, pivot in each end
Stats across seven inches. will set thirty
two pans on each skim twice a day, and
chuIn three times week. Cream Is kept
as cool as possible without freezing
When ready to churn, it is warmed by
pouring sweet skim milk into the mass in
the churn to the temperature of 60 de-
grees The butter is washed in three wa
ters having the chill taken off, then weigh
ed allowing one-half ounce Of salt to the
pound In winter we lump the butter the
same day it is churned We lump it over
with butter worker. weigh it into one
pound masses, lump it square with butter
spatters, then stamp and send it to mar
ket | sell it to a firm in Boston; have
sold to them for four years, and got fifty
five cents pound this winter, express
paid 10y the firm. Correspondent \. Y.
Tribune