davidaulloa/AmericanStories huggingface dataset:
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-10-11


Arunah Huntington. a native of Vermont.
but more recently Of Brantford. Province of
Ontario, Dominion of Canada. died January
| 10, 1877, leaving an estate inventoried in the
will at two hundred and two thousand dollars,
| to the State OF Vermont as a common school
| fund. OF this estate. S34jO was in real es-
| tate and real estate securities situated in the
| Province of Ontario. The balance of the de-
wise is Of personal nature and consists of
| bank and insurance stock. railroad securti 5
and personal loans Mr. Huntington left 10
| children. He left second wife who is not
an heir because of an ante-nuptial contract
The heirs of Mr.. Huntington have commenc-
| ed legal proceedings in the court of chancery.
| praying said court to declare void the devise
and bequest so FAR as it relates to real estate
under the Old English statute of NortntaiH.
| This statute declares void all cOnveyances and
! devises of land or any interest therein where
the gift is for charitable uses unless such gift
or conveyance be made by deed, twelve cal
! endur months before the death of such do
nor or grantor, and be duly recorded six cal
endgr months before the death of such donor
or grantor. And also praying said court that
the whole devise be declared void, because
the trusts and conditions upon which said de-
wise and bequests are made by the said tesfa-
tor cannot be carried out by the State of Yer
Canada and bacanse tha afoTes3id co,ditio,,s
II ,orred ont ,Toi1 -, j.,
netnitv and oskin" Not tba bai,, a. ,o,i ~
declared entitled to the same, according to
their respective interests
,,,t;ot;os Lo,l -, I'll -, -. -, - -
tlement and adjustment of SO much. Of the
claim as would come within the provisions of
the statute of .Wortmaia. conditioned unon
the withdrawal of the suit These neaotia.
tions have as vet resulted in no adjustment
and | am unable to state whether il is nrobG,
ble that such adjustment can be had mon
any terms that the State could consent 10.
have exercised all possibla Diligence IN So
cure such disposition of tbis matter as would
carry out the wishes of tbe p.nerous donor
Immediately upon the commencement of Ie.
gal proceedings by the heirs. | intrusted the
matter TO Judre Poland ,ybo l,os d;lioartl,
cared for the interests of the State in the
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-10-11
TABULAR STATEMENT cr CONTINENTS AMI
PARpuSs.

Should not the Executive be required by
law to communicate to the Legislature at each
regular session, all cases of rep-icve or par
don granted, with his reasons for granting the
snMn
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-10-11

Perkins Institution for the Blind, Boston,
Mass. Year ending October l., 1915: Num-
ber of beneiiciaries, >; expense $500. Year
ending October l, 1873; Number of benefi-
ciaros, S expense, $3.50.
American Asylum for deaf and dumb, Hart
ford, Conn ending September, 1877;
Number of beneficiaries, 22 expense, S4OiG
Year ending September, 1878 Number Of
benefciaries. 10 expense, S3472.24.
Clark Institute for deaf mutes Northamp-
ton Mass.-Year ending September 1871;
Number of benefciaries, > expense, $500.
Year ending September 1873; Number of
benefciGries, 3 expense, $3.50
Massachusetts, School for Predetermined
Youth, Boston, Mass Year ending October,
1917 Number of benefciaries, 3 expense,
SG7j. From October l, 1871, to July /, 1873
Number of beneficiaries, > expense, S5Sl.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-10-11
THE ANrnrAM NATIONAL CEMETERY.


| received from the State Department Of
the United States government an official COM
munication requesting me to nominate to the
President of the United States two persons
suitable for appointment as honorary com
missioners TO represent this State at the Paris
Exposition.
l complied with this request by nominating
Ex-Gov. john Gregory Smith, Of st. Adams,
and Hon. Luke p. Poland, of St Johnsbury.
who were duly appointed as such. The for
mer attended the Exposition, and with his ac-
customed energy and ability addressed him
self to the promotion OF the interests of the
State and its citizens there represented re-
gret to say that the latter, by unexpected bus
mess engagements, found himself unable to
attend
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-10-11

/ appointed Hon. William ". Grout, Of
Barton. Hon. Albert Clarke OF st. AlbAus,
and Hon. N-r p. SiIuons, of Rutland, com
mis,ioAer,, required 10y the act Of 1876 for
the establishment and construction of a
workhoua.. They duly qualified and en-
tered upon the prosecution of the work
committed to them By the act The county
OF Rutland seasoLaLly complied with the con
dltion9 Of the act, and thereby secured the To-
cation OF the workhouse within, aud in part
for the Use of that county.
The commissioners purchased land in the
town of Rutland, necessary for the site, erect
cd thereon the buildings required, at an ex-
penso within the appropriation fact in the
construction Of public buildings in these
times. which is as cred,able to them, and
their management, as it is rare-and had the
same in readiness for occupation by the time
named in the act.
Having thus promptly and satisfactorily
completed their work as commissioners, l ap-
pointed them directors. Their report will be
duly transmitted.
The necessity for such an institution has
long been felt Its establishment and proper
management am sure will be found great
relief, not to say improvement, in the admin
istrntion Of criminal justice. 1t is probable
that similar institution located on the east
side of the State will ultimately be necessi-
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-10-11

1.-Francis Nc Donald, of North Hero,
convicted of manslaughter September 3lst,
1869, and sentenced for ten years, was par
doned November 10th, 1876, upon the recon-
mendation of the prison physician, superin-
tendent and chaplain and other prison officials,
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-10-11

ton Of the sentence for Il short time, and did
so until the fourth day of May following.
The matter was Of so much importance, not
only to Phar, but TO the State, that thought
an investigation should be had by those ac-
quaintcd with the facts and circumstances at
tending the murder and trial, and accordingly
requested L. J. Ormsbco, Esq, the State )
attorney under whom the conviction was had,
and W. G.. NeaZey, ESD. one OF Phair's attur-
neys at the trial, to proceed to Boston and
Providence and take such evidence as they
might lind bearing upon this claim. This
testimony, together with additional evidence
is herewith transmitted. Petitions were pre-
sented for further reprieye, signed by many
leading aud highly respectable citizens of the
State. Many letters were also received from
well known and prominent professional and
business men, urging the reprieve. Ifeltit to be
my duty to grant the request. A further stay
of the execution Of the sentence was ordered
until the first Friday of April A. d. 1879. l
think that the question presented by this evi-
dence is for judicial investigation and deter
mination. If Phair is guilty he should suffer
the penalty. II not guilty he should be set ut
liberty.
When the question arose, the time limited
by the statute for the presentation Of a pcti-
ton for new trial had elapsed Until quite
recently. the time in which such petition
must ne brought did not clapse before the eN-
ecution Of the sentence in such cases. By an
extension Of the time which must intervene
in capital cases between the sentence and eX-
ecution, under the present law; there is now
a time shortly before the execution, in which
person under sentence Of death. whatever
the Developments has not the right to bring
a petition for new trial This condition of
the law has probably been occasioned mad
vcrtentiy by the change from the annual to
the biennial system. | think this is n defect
in the law. When life is the penalty, the State
cannot afford to make mistake. there
fore thought it my duty to stay the execution
until such time rs the Legislature would have
an opportunity to take action and determine
whether the law should be so amended as 10
furnish Phair, and others under sentence of
death, the night 10 bring petition for a
new trial at any ,in'r before the execution of
the .ntcuce.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-10-11
INsANE AND INSANE AsYLuM.

Under the joint resolution of 1876, In re-
lation to the insane of the State and the stat
utes in relation to their confinement and treat
ment, appointed DIR. Middleton Goldsmith
of Rutland, DR.. o. +. Fassett of st. Albans
and William II. Walker, Esq, of Ludlow,
commissioner to make the inquiries and in
vestisltions required by the resolution. These
gentlemen accepted the appointment, and
have entered upon the discharge of their du-
ties. Their report will be duly transmitted.
srAIL LIEnARY. CAMINET AND mIsToEIcAL So
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-10-11
IMPORTANT TO THE TRADE OF
WINDHAM COUNTY AND
VICINITY
A better barrel of FLOUR for
the money than can be FOUND
elsewhere in BTattleboTo! !
OUR STOCK OF
TEAS, COFFEES, SPICES, ETC,
Cannot be e1celled in quality or price.
THE BEST GOODS

with an experience Of Forty years OF
business in this town, and knowing the wants Oh tue
community. we will sell you
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-10-11

10 advise plan for the better accommo-
dation aud utility of the State library, the
State cabinet, and the collections Of the Yer
mont Historical Society. and to prepare de-
signs and make estimates Tor the same, re-
quircd by the joint resolution of 1876, l ap-
pointed Hon. r. p. Redfold of Montpelier,
IIoh. g. q. Benedict of Burlington, and Hon.
Roswell Fainham Of Bradford, commission
crs, Who have entered upon the charge of
the duiie' imposed. Their report will be du-
ly pr >c,tJd
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-10-11
STATE MILITIA.

Ia Pursuance Of an act of the legislature of
| 1876, providing that whenever the militia
force of this State shall be reduced to ten
companies of infantry. the commamder-in-
chief Is authorized and directed to organize a
battery of light artillery which shall be
deemed II part of the organized militia of the
State.
This contingency having arisen 10y the dis
bandmcnt of two of the companies of infan-
try, under my direction the Fuller Battery
of Battleboro was mustered into service
aud became part of the organized militia of
the State.
This change renders our militia force,
though small compared with other New Eng
land States, much more complete and efficient
than it had hitherto been.
l am happy to report that the Vermont
regiment, III point of discipline and equip
ment, is not surpassed by the troops of the
neghbOring States. The comparison to which
it was subjected at the centennial celebration
of Bennington in 1877, with the picked troops
of New Hampshire and Massachusetts, was
not unfavorable to it. 1t reflected great cred
it not only upon those in command but upon
the men themselves, who behaved with mark
ed decorum and evinceG the soldcrly quail
ties expected of Vermont troops
The departments of tine Adjutant and In
spector General and Quartermaster General
have been conducted with efficiency and fdel-
ity.
STATE CENTENNIAL AND BENNINGTON BATTLE
MONUMENT.
The Centennial celebration of the adoption
of the State constitution. at Windsor, July
9th, 1871 and of the battle of Bennington at
Bennington, August 10th, 9TH and 18th, 1877
who were present representing other States
and the nation-what was done-what was
said in ontion and poem of the heroes and
hcroic deeds of one hundred years ago, o,-have
passed into and become part of the history
of the State and the nation.
1t was well to incite our minds to patriot
ism, and devo ion to tae maintenance of equal
rights for all, at whatever peril and cost, by
recalling the sacrifices and heroic deeds of
valor of those who laid the foundations of the
State.
1t is well to commemorate the battle so in
timatcly connected with the veal or woe of
the State and the nation, by fitting monu-
ment, which shall perpetually remind U.S. our
children and our children's children of the
cost of treasure, suffering and precious blood
at which the liberties and rights enjoyed by
us and them were purchased.
Under the act incorporating the Benning-
ton Battle Monument Association, as was my
duty, invited in the name of the State the
States of Now Hampshire and Massachusetts
to unite with the State of Vermont in erect
ing battle monument at Bennington.
These States have responded most gener-
ously; the former by. appropriating $1,000
and the latter by appropriatng 81, 800 for the
erection of such monument
These sums, together with the sum appro-
priated by this State, amount to 1927, 500
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-10-11

The last named sum has been increased by
individual donations, so that the sum now
available to the erection Of such a monument
is S32, 800.
Tho directors of the Monument Association
have determined to increase this sum to a
much larger amount through private generos-
ity.
UNITED STATES COAST SURVEY.
Information having come to me that the
appropriation by Congress for carrying on
the Geodetc trianguation of the United States
Coast Survey wouldallow of its extension to
this State, | Immediately communicated with
the superintendent of the United States Coast
Survey at Washington. under whose direction
this work is being done. was informed that
on furnishing satisfactory evidence that the
State had been surveyed geologioaly, the de-
partment would undertake to work in this
State.
The required evidence was furnished, and
on my recommendation. Professor Volnoy g.
Barbour, of the Vermont University and
State Agricultural College, was appointed to
perform the work. by this survey, the loca-
tion Of great number of points in the State
and Lake Champlain will be fixed and deter
mined relatively, not only to each other, but
to many other points in other States, and
along the coast Of the United States
LIGHT HOUSES.
I herewith transmit communication from
Colonel Woodruff, engineer of the third
Light House District, relating to some legisla-
ton necessary to render effective IN act pass
el at the last session of Congress. authorizing
the location and construction Of light houses
ut certain points on Lake Mcmphrcmagog.
You will no doubt give the matter fayorn-
bic consideration.
Tue ASrHTAM NATIONAL CEMETERY.
The title to this property is vested in the
Stlte of Maryland ms trustee for the several
States which contributed towards its estab-
lishment and maintenance. The State of YER
mont made such contribution. The board of
trustees Of the cemetery have become involy-
ed in debt Congress, by act Of March I'd,
1871, authorized the Secretary of War TO pay
this indebtedness on the title to the property
being vested in the United States and made
an appropriation for that purpose.
The War Department of the United States
requests the extinguishment of the right of
this State in the property, by the passage of
the act herewith transmitted, that the appro-
priation may be made eifectual to the pay
ment of such indebtedness
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-10-11

LIABILITIES.
Due towns 7. ). Surplus fund S11, ,519 %
Due on soldiers accounts 11.O74 81
Due suspense account (outstand-
ing checks) 1,S33 50
Bonds due December /, 1876 $500 90
l, 1878 33, 500 90
Due Agricultural College Fund 13l, $50 90
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1878-10-11
100000
$s7,934 "A


The treasurer's biennial report gives n de-
tailed account of the transactions of his de-
partment for the past two years.
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-10-06
TAXPAYERS NETTING.

The Citizens, Taxpayers and Workingmen' 8
Assembly met yesterday evening at GrunewaId
Hall. Delegates from the fifteenth and sixteenth
wards were seated. The execu i've committee
was authorized to make up ticket for the
coming parish election and after adopting the
following resolutions, the meeting adjourned
to meet Thursday at the same place:
by Mr.. John FL. Landwehr-
Res0lDed, That we urge the voters of our city
to register prong pity. and we promise all those
who are earnest and anxious for reform that We
will make an issue upon matter Of strict re-
form. apart from mere party considerations.
That to the honest masses no party success can
bring happiness or prosperity which fails to
deal with the fraudulent debts Of the city and
state.
Adopted.
Mr.. Goo paulus offered q resolution that an
appeal be made to the citizens Of other places to
continue their subscriptions, because many Of
the laboring people and clerks are out Of en-
ployment and unable to procure food for their
families. and that the city is in need Of help
from all quarters.
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-10-06
CATHOLIC CHARITY.

The Catholic Relief Association has been re-
ceiving from the world at large. from all parts
Of the universe where the sacred traditions Of
charity are observed subscriptions for the re-
lief Of the sick and destitute. As fast as the
money Is received it Is forwarded to one of the
many charitable societies that are now doing
good work In the interest of the helpless suf
ferers.
Yesterday Mr.. Thos Layton. treasurer of the
association. requested Major l.. L. Lincoln, as
an old and tried Confederate soldier. to be the
bearer Of three checks. each for 500, one for the
Association of the Army Of Northern Virginia,
one for the Association of the Army Of Tonnes
see. and one for the Grand Army Of the Repub-
lie. Major Lincoln willingly undertook the
grateful task. He found himself perfectly at
home with the Virginia and Tennessee lows.
who thankfully received the liberal donation to
be applied to the succor of their destitute
friends and asss1eiates; When the check was
Of the Republic. he was profuse in his thanks:
not only on account Of the important relief
offered. but because. as he said, no appreciated
so highly a friendly service OF the kind coming
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-10-06
CITY NCsaseEs.

Michael Jordan, for maliciously, cutting %
COW was lodged In the Suburban Station.
At o'clock Friday night q negro woman en-
tered Mr.. J. BlaekwelPs residence In AlgiBrs
and attempted to steal some provisions and
bricks She was frustrated In the attempt by
being discovered TO eyade arrest she beat q
hasty retreat.
A negro thief was discovered Friday night I'm
Mrs. Beebe's residence, on Louisiana Avenue.
and frightened off.
An unknown negro attempted TO steal O sack
Of potatoes from the Vegetable Market, but be-
ing discovered, he dropped his booty and fed.
John Henry, alias Chicken John. was yester-
day locked UP In the Harbor station. charged
with cutting and WOunding one Thomas Young
on the steamboat lei @. Jaeger. on the twenty
sixth ultimo. just above Memphis.
Theresa Hemps. fortune teller, was locked
up In the Second Precinct Station charged with
having property in her possession supposed to
have been stolen
George Henrick was ineareerated In the Third
Station, charged with assault with dangerous
weapon with intent to commit robbery.
Lolita Ketehum has " got 'em THAT Is, she
has got Mary Winters In the Third Station for
assaulting and wounding her.
Jacob LENT, John Heeks, James Ostren, Ber--
nard Falster and William Seldner were locked
up in the Fifth Precinct. charged with attempts
ing to steal oranges.
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-10-06
TINE PARISH COWMETTEE.

The Parish Committee of the Democratic-
Conservative party met at their rooms, No. 1oa
Customhouse street, pursuant to adjournment
The object OF the meeting was to take under
consideration and discuss matters already agi-
tated In the last session Of the body, with regard
to the action Of commissioners at the approach
ing elections in stamping the polling tickets.
The meeting was Drotracted, and the commit
sequence.
The police authorities, In anticipation of q
disturbance. had stationed officers at the cor.
ner of Royal and Customhouse, Bourbon and
Customhouse and Canal and Royal, but these
precautions were useless as no discordant feel
ing married the proceedings Of the committee
which adjourned without taking any action on
the subject proposed for discussion.
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-10-06
rHE YELLOW FEVER COMMISSION.
no the Editor of the Democrat:

TO the Editor Of the Democrat:
Seeing that the so-called yellow fever COM
mission was entirely under the direction of
DR.. Woodward Of Washington, and knowing
how Jealous men generally are OF anything
that looks like interference with prerogatives
privately and exclusively granted them, had
intended to be silent and simply watch the
drift OF things. But you have seen proper to
make valuable, aye, an Invaluable, sugges-
ton, and I think it only right to support you.
The first great points to be investigated In
relation to yellow fever involves what law
yers call questions OF fact: then comes as
proper to accept or publish. II facts are
sought then tho questions OF veracity and
reliability OF witnesses are at once involved;
and Ii this point be conceded, then the neces-
sity for one or more judicial minds In the
commission is Imperative Unless thus COM
posed, the labors Of the commission will
never be accepted as competent no matter
how assiduously its members may work.
We're d member of that commission, I
would accept nothing from the lips of any
man, professional or other, as fact unless it
was duly sworn to; and even then | would let
the witness and the world have the fullest
benefit Of the severest cross examination. or
course the commission would have no legal
right to exact the oath. and some thin skinned
individuals might object to swearing. Never
theless, they possess the moral and the scien-
tific right ifI may be allowed the expression,
and II they do not exercise it, the labor will
lae as nought, and the generous donation OF o
philanthropist will be lost.
trust you will continue to urge the ap-
pointment of one or more judicial minds and
IL the suggestion Is taken, [ trust q wise Sc
lection will be made. GALEN.
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-10-06
A. RRsPO N@Es
OFFICE OF THE HOWARD ASSOCIATION. !
30 Camp street, I
Nau OrlannR October 5. 1878, ]

OFFICE OF THE HOWARD ASSOCIATION.
80 Camp street,
New Orleans, October 5, 1878.
AT the meeting of the Howard Association,
held October 4, 1875 the following YVES on mo-
ton adopted and ordered published:
Whereas. on the twenty ninth Of September
complaint was published in the New Orleans
Iicav1nte by the Board of Managers OF the
Touro Inf1rmary and Hebrew Benevolent Assoc
citation, making charge against the Howard
Association of unfair discrimination in its dis
trlbution of charitable fund tntrusted to its
care; charge utterly unfounded as we showed
in our answer, declaring the cause OF delay to
what we believed to be the religious scruples OF
tho Jewish people In their observance of b
specially sacred day; and
Whereas, to our demands that on this explain
alton the comp laint' be Withdrawn, the board
of managers Of the. Touro Infirmary and He
brew Benevolent Association, after abiding
trivially to our gracious explanation as par
donable error. satisfied its own view OF what IS
7nagslU generous and honorable by some title
commonpIaces about that charity Whtcn they
have SO conspicuously abused; and
Whereas. to our reiterated demand for simple
Justice the board of managers has further dis
played its sense OF decenoF by refusing 10
com ply with our demand
Resozped. That henceforward we decline to be
the amon or trustees Of any funds directed
to the Touro Inflrmary and Hebrew Benevolent
Association, and hereby publicly announce our
refusal to receive any such in trust for them.
J. M. VANDEGkIFF.
President Howard Association.
+. r. EouTHMAYD,
Secretary Howard Association.