davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-07-07

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, 1879-05-31

We agafn urge upon o1lr renders In VIII,
Du Page, Lake, and Kauknkee Countioa that
they take notice Of thu election for Judge Of
tho Supromo Court, nnd that they robuko
the Democratic fraud which Is running Jutlgo
D1oxHx as n " non-pnrtisan outside Of Chi.
cago, and aa the Democratic candidate in this
city. Tho way to rebnks this attempt 10
olect Jnlgc uutler false protonses ia to vote
for Mr. TnoMAa DENT, who will get worry
lnrgo yoto from oitizons of nil political
parties because Of his high pessonnl. char-
acter and OF bis admitted logal ability.
Tho roop1e Of this district havo an
opportunity In A1r. DEsr's candidacy
tlrat Is not ofton presented. I1s ia In
tho front rank of tho profession
but in addition to his legal ability llo unitos
III every way all tho groat qualities which
should 1nark Judge, aud especially Judge
Of tho Court Of last resort. Tho people OF
this Judicial District will render themselves
aud tho State md tha profession at largo n
groat service by eleoting Mr.. DENT to tho
Supreme Court. Judge DtoKEY, by permit
ting himself to be made tho candidate Of tho
Democratic party, has released MI porsona
from thoir pledge to vote for him as nom
partisan oaudidate, and, TINT obligation be-
ing reloased, we trust tho Republicans gou-
orally Throughout tho district will turn out
md vote for Mr.. DEsT, aud thoreby secure
his election.
, 1879-05-31
1s79-sJxTEEN PAGES

1le haa lived IN this community thirty-ave
yeArs, and hhs nsrvcd sixtscn years on tho
nench. During nit that time neither hin per-
Eonal cl'arnctcr nor Ills integrity ns Judge
},as boon questioned by anybody outside tho
newspaper concern whose mottvo has boon
explained. As Judge ho has always conf
inandod the respect Of bis asRociases on the
nonch and tho confidence Of the Bar.
During his long torm Of sorvico he
Inns tried somo 5000 litigated casos,
out Of which Just 1875, by aotunl
count. havo been ovorrulod by higher tri-
bunats. This Is record for Judge WILLIAMS
to DO proud OF, mud ono That should induce
tho poorlo Of Cook County to re.oleot him 1t
thoy would maintain tho ability and good
namo of our local judiciary. Judge Will.
1AaH will llovo the support Of tho great ma-
jority Of tho lawyers, Republican aud Demo-
cratic; he will got n largo Democratic vote
from among tho old citizens and business
men; bis election, therefore,, tlopentls simply
upon receiving tho vote Of LIS own rarty,
aud certatuly slnmoritod abuso, such rs las
beon ilenped upon him, ought to mnko It a
matter Of personal mud party prila for orery
Republican to vole aud work for lia ro-
election.
, 1879-05-31

paroie Inns scored another valuable victory
for hiH ownor, winning tho EPSON gold cup
yesterday. othor sporting episodes Of un-
nstlal interest chronloled in our columns this
morning include tho probable victory of
DoDLEn, Chicago man. tn tho sovonty 1.-Two
hour walking tournament, aud tho lefeat Of
tho two Euglshmon who camo over to cap.
tusa tue belt; md tho remarkable baseball
performance of tho Chicago Club in beat
ing tho Dostons by o score OF 8 to O In a
game of very heavy battling md not single
error on tho Chicago side.
, 1879-05-31

boon lawful. In failing to consider the
means to b used to obtain tho retraction,
MoALltsTEn imrliodIy cl,nrgoa Tint tho Of
rand OF SuILrvAH WAS lawful In tho samo
sonse az tho orrand Of m officer going to
mnko levy or m arrest wonld bc,-f. t.,
1t implied tho right to request obotllonco to
1nwful demand, nnd, 1t obedience wore not
rcndorct, then to compel 1t. OF oourso No
ALb.sTgn we'll knew that no at,oh legal right
to compel retraciion oxistad. and lad ho
dcsirod to Try tho case impartially ho would
llnvo qualified Ills instruction accordingly.
But nowhoro throughout the inatruotions do
NO find tho limits Of 6uL1rvAN's rights de-
fined HAD to defined them, ho woul.l
have beon compelled to state that,
nftcr 1IANFonp refused to grant any
rotrnctiou, my furthor stay Of SULLIVAN on
HANroRpfs premises for tho purpose OF vio-
lonce or abuse converted SULLIVAN into q
trcapasser; that, being trosspasstr, avon
tho purely accidental firing OF his pistol re-
sultsng in the killing Of IIANroRp would hnyo
been involuntary granddaughter; tint n kill
lug in n,oloo brought On by his own vio-
lenco would hare bocn cit1sor voluntary ,nnn-
slaughter or murder, necordlng to tho facts,
and so on.
Judge SfoA111srEn further charged TINT
"if the jury entertain a reasonable doubt M
10 whether ho ought to be convicted Of 1nur-
dor, or of manslaughtor, or acquitted, then
the prisoner should hayo the benefit of Bucl
doubt. mud nhould 10 acquitted" Rhotoric-
ally md grammnt!cally, this means that II
tho jury are in doubt whether tho prisoners
crime Was murder or manB1aughter, though
they may have no doubt whateyor tllat it Is
one or the othor, they must acquit. ThfH Is
as II Judge in q civil oaso SHOULD charge
Tint II tho Jury aro in doubt whctl,or tim pre-
pondorance Of evidence demands II verdict
for the plaintiff for 81, ,00O, or one for 4So0,
or verdict for the defendant, tloy will fluid
for tho defendant. Even the briof samples
amount 10 total abolition Of all Inv against
murder in Cook County. No conviction
could over bo had under thom.
It ia we'll known TINT tharo Ii no appeal to
the Supreme Court from tho orrozs or per-
versions Of law on tho part Of Judge in a
criminal case which results III an acquittal.
The only remody is by impeachment or at
tho polls. It Ia also we'll known that tho
Legislatures Of this and OF most Of tie other
stasoa, by solemnly enactlng that In oil crim-
inal cases the jury shall DO judges Of the Inv
rs well 90 Of tho facts, have affirmed the
plain truth that there is no complo1ity In
tie criminal law. It would DO wrong that
}1,nro ot,o&11t3 In faH t,r f.st1in n3.j
, 1879-05-31

ccssity Of taking tho field It will bo for
anothor reason qu,ta-thc roaaon that his
friends ara not willing to risk Ills Presidential
ch"nces In a contest against a man not
qnoted In tho Presidential probabilities, I"
Tho fhot TINT suEnssAS was excused will help
THURMAN to atay ont, but II, rs 10 not ttn-
likely, full sonso OF CM1R1Es FosrER's
strength before tho poopio should dawn
upon tho Democratic perceptions by tho
time tho Convention mee,e, THURMAN may
find 1t impossible to dodge tho issuo and
remain IN the background.
, 1879-05-31

JoHN g. 1uoMpaox, Chairman Of tho Ohio
Democratio statc Executive Committee, WIS
waylail In Pittsburg Oh his wey to Coluiu-
bus, aud between mouthfuls managed to
sny TINT THURMAN IL Out Of tho raco for
Governor, that D1sAor can't DO nominated,
and TINT n1oE i9 10 be the Democratic can.li.
date. Things don't always turn out III Joua
G. figures. and It would DO yery unsafu to
bot on any prediction OF his quoted above,
unless It bo Tho ous which leaves THURMAN
out Of the race for tho doyernosahip.
Il is probably true that, II tho
Republicans had nominated SHERMAN, the
Democrats would have put forward TApa-
NAN aud n.ada the psealdensia! fight then
and shere. But 1t does not follow that
THURMAN will not come to- tho front now
because 1t IL thought that anybody eau boat
Fpsrka, II THURMAN IL relieved OF tho ue.
, 1879-05-31
THE LEGISLATURE ADJOURNED.

Tho Legislature OF Illinois will finally aii,
journ today, though pla6t1oa1ly It adjonr,1ct1
Oh Thursday.-tllo membora, trua ia tl,oir
instincts, taking two days. extra pay. Tho
proceedings in tho House On Thursday woro
eminontiy appropriate. Tho Democratic
members have for t4roa months beon eujoy-
ing tho profits Of the bluil1ers, mistakes,
ignorance, md scandals of the whole Logis-
lature. Thoy have ondoagorcd to drive,
coa1, or inyeigle tho MA jority into tho oxhi-
bition Of tho widest antics, nountebank
farces, shameless extravaganza, ignorant pro.
tensions, and proaigats expenditures; every
folly that could DO invented, tho
Democrats industriously encouraged, and
III tho end rlaued tho responsibility
upon tic majority Tho Legislature was
domoralized from tho beginning; 1t waa for
sa1o. In tha first caucus tho commercial
spirit exhibited itself, aud 0a1Espx VIVA sold
out to elect somebody Speaker, From that
d@f In January until tho last moment in
May, the proceedings Of tho Legislature
havo never riaon 10 tho dignity of a reaucot-
atle Common Council. It was for salc,-
tl,at is, individual members wero for salo.-
and tho action OF tho Gonernl Assembly
on any ono Of tho 1,U00 bills introduced was
openly exposed IN tho market, until the
whole peopla Of tho State roYoltod Mt tho
humiliatlng exhibition. Nothing with money
In 1t failed, nothing without money carried.
On Thursday tho Democratic monbars,
exultant Mt tho capital thoy had made out Of
tho i've months Of sesaion, teadared a reso-
luton Of tl,nuks to tho Speaker, anl the
Speaker, falling to loteot tho irony In tho
resolution mud In tito speech, grayoly ao.
captol tho resolution rs complimentary, aud
III doing 80 rouudly abused THE Un1uAoo
TRIBUNE. Considering that the 6poakcr aud
eome fifty other members had been OF OH
three anys' iol'iaeation to the Chos.
tor panltontinry, lowing tho Legislature
without quorum from, Friday to Tuesday,
his praise Of himsalt and llls assoclatoa vas
worry chcap. What 10 enid waa Ut small
concern hut tho gteasea., wisest, anil most
honorable official net performed by linn
during hia term OF olllcs will ba his dsola-
ration to-day TINT " Tho Gsnoral Assembly OF
tho Slate Of Illinois IL adjourned without
aay." The announcement will ho great
roliet to tho people of Illinois. who hayo
boon plundored, huiniiate1, robbed, aud
scaudalizcd during tho last aye months by
tue Legislative mob at Springfield. It Ia a
matter OF congratulation TINT that Lcgisla-
turo will meat no moro forever,
, 1879-05-31

1t is not probable TINT tho peorle Of I'LL
no'a will Nsk Gov. cu11oM to appoint n day
OF fgstug and prayer 10 titly celebrate the
fnal adjournment Of ths Thir.y-Ars General
Assembly, hnt there ought to bo aomo public
recognition Of so groat blessing. It is Ger.
tainly groat ro'ef to The mapy interests
TINT WA kept in 4 constant state Of alarm
over The injury which might result from :ho
notion Of those demugogues aud blncknlallers'
and tue whole 6tate will breathe easicr aftor
fn.ffAv
, 1879-05-31

Mr. Speaker JONES, Of the General Assem-
bly, Of Illinois, ia not only an incompetont
blathcrskite, but ho is a coward rs we'll. No
+ m but coward mud sneak would assail q
private person, as lie did tho correspondent
Of TnE T,unusz on Thursday, wben that
rerson was prevented from replying, by tho
r,1los of the House. Ilad Mr. NEv1ss boon q
nlonshor antl privileged to answsr tho abuse
Of Mr. JoSEs, ho would not have darod open
his EMMY head.
, 1879-05-31

CHARLES FOSTER, who has Just been nomt-
mated BY the Republicans for Governor, Ia na-
tive Duckeye. 1lc was educated In tho common
schools. Ills political lille commenced In 1910.
when ha waa nominated for Congress In tho then
Nlosh District. composed Of Crawford, Ere>
Huron, Ottawa, Sandusky, anil Seneca, and was
elected ovor EDWARD F. DICKINSON, h!a Demo-
cratic opponent, by matority Of T8. Two
yenrs rresious DlcKtNsoA's majority was 1,Gf5.
In 1872 l,e WIS elected tn tho then Tenth District
over HUSH Il. SLOANE by majority Of T1l, and
was re-eicctcd III 1874 over G GRoRuH E. SENKT by
majority OF l5a, and again re-olocted lii 1876
over JOHN Il. llupaoN by majority Of 27l.
The O'CoNNoR Legislature logfslated him out
Of Congress BY recastlng the districts; but last
fall he took tllo 1old ngainst FINLEY I'll tho nov
district, md c1mo within about 1900 votes Of
being elected, notwithstanding DemQcrastc
majority Of over 4,UOo.
, 1879-05-31
Mount Etna Vomiting Fire and
Smoke from Two Craters.
Piedmont, a Ncighboring City, In
Almost Total Darkness.
The Anq1o-Afglanistan Peace
Treaty Signed and
., Sealed.
e. 1ish Restrictions upon the Trado Ii
American Beeves to Be Re-
'' moved,
MOUNT ,E.rN A.
IN AcTtyH f>1srfaArfnN.

NJ " ~ l. III l ~ <1a
IN ACTIVE OPERATION. +"
LONDON, Mny 3G-The eruption Of Mount
IEtna increases tn torres. Tho quantity Of aaf,es
thrown out ia somewhat iesB, but tbs volume pt
vapor has greatly Increased In density. Wcdles-
day night, u number Of brilliant balls Of fire
were thrown to 4 great height. mil bnrat atoft
like rockets. emitting lery showers. 4 stream
Of lava Is flowing apparently IN tho direction of
lsandaxzo, but the exact ltne has not ret bcen
verified. During thewt,olc ot Wednesday, night,
loud reports, j!ks the rolling OF artillery, wero
heard.
CArAN1A, Mnv 30.-Frcsa orators have opened
on Mount .Etna, cudapgerlng blanca Villa,
Raudasxo. am1 uasslgt!ouc. Clouds ot asacs
overltang Piedmont, which is tu almoat total
darkness.
IsoMs, May, ,20.-Latcst adstces from Ran
dazzo report TINT craters llavo formed on two
slopes Of Mount lEtna, md double eruption
Is proceeding. Tie Aci Keala and Catania road
IL blocked, anl considerable damage done.
, 1879-05-31

TnfnUNIs BRANCH OFFICES,

THE CnrnAao TsHrNK haa established branch oilcss
for the scsclpt VI suLaGi ipons and Advertisements
fatowsl
NEW T0EK--Toon 20 tribune Building. r. 7. hfo.
FAnpEH, Manager.
PARIS. Frsnco-.o. 10 tue do ID Orange tiatc1cfe.
II. MAHLxn, Agent
LONDON. EpE+-Amcrcan Exchange, 40 Strand.
llESnY +. GI1,tlu. Agent.
WASHINGTON Il. C.-1st0 1lfcct
, 1879-05-31
INDIANA INSTITUTIONS.

1Np!ANArot1s, May 3o.-supt. oAafenn'a",
Of the Dllul Asylum, tendored hfs Fessosaoa
today, to take etlact aapt. i tue board ae.so s
ing tu continue h>a salarY uasA 0e&' ! nsa, sus
ccsaos; however, will BE- selected on t's i' 10 ~
June, but Is yet 10 iatiu,al!on IL giycn g MeS al
WHO will bo tbs lucky man, supt; Msln't ,...s to.
tho Dcuf aud Duu6 Asylum, took A's 'S"'''"
d9y, tue leutlat taking possession.
, 1879-05-31

speaktng Of the act passed. by tho Illinois
Legislature to provide for the organization a,l
discipline Of tho militia OF tlle State, the Ohio
Sia's Journal thinks that tho Chicago Com
nIuulsts will dlacoycr that an alien military
force will not bo permitted to parado Oh the
streets OF ono OF the principal cities OF America
carrying the rod tlag and displaying foreign
MottOcs.
, 1879-05-31
JUDGE e, 8, WILLIAMS.

Judge "1h11AAs, as q candidate Tor ro.cleo-
t1on' Ina boon singled ont BY the Chicago
Times US q target Tor Ill tho oplthots which
It's vocabulary contains. Many respectable
people in tho community, with just appre-
olaaon Of tho charaotor and motives Of tho
Times. will congratulate Judge W1tl1Aus
upon its oppoaition to him; to others, not so
fanailar with tho circumstances of tho case,
1t may 10 Of servloe to briefly recall them.
, 1879-05-31
EVERYTHING LOVELY.

CINCINNATI, May 8o.-str. Rauben Il ep,nk;s, ,ag;s.
authorizes positive contradiction Of u!e stoi !.
circulated throughout tho country that tns's s.. "
trouble hetwccu Theodore Thomas a'a uss.n. w..
Ward Nichols Ia tho u,snseams1s Of Wv S ,sa,
ciunatt College Of Music. Mr. sps;"ssty pss york.
uud, roturnb,l, made thorou9t ~. I'D ths
IIa states thu cor9e j. prosp.r,u"a"n <,""ns for l,s
irrtfHrH.
, 1879-05-31

Do the police torco OF Chicago propose to lcnd
helping land to Judge who called them cut
tlroats for performing their duties during the
rlots Of 18TH Did Judge McALL1srEh forget
tint there was riot In tile uty OF Chicago in
1871 HIVE tho people forgotten TT And are
our protectors and guardians to bo treated from
tue Bonch us aasusstusf
, 1879-05-31

Special DssaateA ta IN. 1fesa's' n,,,ctos
WAsulsa7oN, D. c., Asy W:-tas ~. ~ fsaQoo
Of tic Allnt' yesterday Opened ea1 Ssie.9o s fos
pounds Of COPPER 10 ba deliveries & ~ 1;s,sto{qra
shipment 10 ,as Han Francisco ai'a', IT,, .to oejee.
It ilas boeu hoaGht as thu Eau, ~. ~ Cb1cago
soaa Sss e not ;s' ts .assd. s D1s f.u3sa t'' u
" lB}{ ceutA..
, 1879-05-31

There Is no law that wn know Of that can re-
strain tho presiding olE1ccr Of Legislative
Assembly from maktng a1 ass oil himself.
tieuee Mt. Speaker JAMES violated no law in Ills
attack upon Tia TasuuNA on Thursday cx-
cept tho eou,,non law Of Kuotl- breedlug.
, 1879-05-31
FRANCE.
nyfslTTkftTET1.

PANS, May a0+-Lacoatc, u Ffenuhman natur-
altzel In tl!s United Stu.ea soms years ago, has
bopn expelled from Franco for rcuounclng Ills
nationality without performing hia military duty,
A1r. Noyes. tho AMERICAN Minister, ffutt!cssly
cnloayorcu 10 secure tl,a revocation Of the or
der.
RRRnY'a pILI.
The Impression prevails tlat only tho upiyer-
sitY elautca of julia Fcrryfs Educatlet, hlI will
be proceeded with, And that the antl.Jesutt
clause will be deferred until ncxt session, or In.
dellnitely.
DEAD,
PANS, May 30.--Dr. rerro Alo'phs Plorry,
thu eminent medical writer, Ia dead.
, 1879-05-31
SWITZERLAND.
Tik DXATlt PENALTY.

LoSnoS, May o0.-ftlu Council OF atate Of
thu Cantou Of un, Switzerland, has submitted
to tho Great Council law visiting wIllsul mur.
der and iugcudtaristn resulting tn lo4s OF Hfs
with tho punishment of death, ihe execution to
bs pstTats.
, 1879-05-31

Wo print in anothor part Of this issue
card from Mr.. CHARLES II. REED in donial Of
tho charges that he has tlcfrautled the heirs
Of the late s. A. Irwin. locoasad, Of whose
eatata ho Is Executor.
, 1879-05-31

Wien d great political party cannot govern
ITSELF, It has no right to ask to bu Intrusted
with tho government Of tho country. That Is
tho trouble With Democratic Coufedrratcs dowu
ut Washington,
, 1879-05-31

Fonr WAYNE, Ind, May 30-At O'clock ahls
morn!ug the patent coll hoop mud wagon stock
factory OF William Roberts j. CO., at Naples
tl,s county, was totally destroyed, to.ttfer u,F
with thu machinery aud stoch. Loss, S4e"'
10 Insurance,
, 1879-05-31

TAp4f. rH0TkgT.

RoME, May M.-'rhe Itala says the roos !.
preparing nh oucycllca1 protecting against In.
bill passed by tic Italian Parliament requiring
civil marriage sopreeedo the Religious csremonT'
, 1879-05-31
SOUTH AMERICA.

y ~" sf.aoVs3 NAFAL UATfLE.
LONDON, May 0o.-The stahdard ha, ,p,o,u.
ton that the Chiltan wooden vessel Covs1aa".
wa not sunk In The fight oa 1quiaue. 'sss a. ".
beou reported. ~ aas
ORDERS have ben teiegraphed ior the R,e,,.,
paFs of The Drltish Pacific Squadron 10 as,cmil.
IN the coasts Of GILL. a,,ta rcru. '''pl'
TtlE NAVAL HATTIE,
LONDON, May 30.-Tlle Chlllau ,.tns.te, h..
received telegram esatlng that tbs Ch..,,a ss
sh'p'ot-"ar Esmeralda became disabled. an1 s h..
Captain fired the magazine to prevent h., ,s,I Ill
tng into tls hands Of the enemy. ' '@'''
, 1879-05-31

1t caunot ho lint Acrator THURMAN will uoa
taAa advantage Of JoAA suEnuAA, u,l4 run for
Governor OF Qhto.
, 1879-05-31

ToLEpo. My 80.-A lire At East Toledo sh1s
Afternoon deatro1ed the paekiug.llouso aud con-
tcuts owned by y. s D. Browu, Occupied "
tho Toledo Provision Company, also Ma
slaughter.housc owned py the same arn, anu
lhe parna aud aheds Of tue L.aku Shore 4 s'sht
gun Houthcrn Ltoek- Yards, lcaaea " trucker Y
TO-, Autlatu. Estimated loaa. *s,QHos i1'uf'
ancC, $b,0U.
Tic aro at Alijhury, O., destroyed tha a,f saw
ber owned by 4, j. Miller; also dwelling and
III unfinished church. Loss, $3.N0; inslfanes,,
S3.Q0o. Both llres ara supposed to have of'E''
uated from sparks from d locomotive.
, 1879-05-31

Judging from tho gmallncss ol thu Dawn
DAVIS "ooom," title ledge" Is cut on tue tl,st
hasr
, 1879-05-31

VIII not judge McA1LIsTEK hold the Ailltsa
bill unconstitutional Of COURSE ha wilt. That
IL why a!l tl.u soclaliats waut him.
, 1879-05-31

duties proposed in tho Tarf9 and Tohnno. -.
The bill will eonteauantly 'bs pron,nte...,o o!ls.
n,ad'ately. Il Involves tho ammtla,a, ,',a ,s ate'
OF duty Of QUO mark per hundred liz ,v,t.''ns
Iron. A"os on
T'le Rnndesratf, has sIao approved N. In,
ftmodeithg tho administrator NJ A,,sa o1e WI
rainc. 3N''aea'LoF.
, 1879-05-31

S0ke3d5 H4f0a9cA n 7k1 1TfVHRH
GRAND H4rlDs, Mich. MAY 30.-Louts MORE
lau, q farmer, I[yiug twsyo miles fron 'h!s e'',
lost i.ls dwelling md a!l !ta contcnss' iaslaa'us
about 81 ,00 in money, by fire to-day. ll's sosa!
loss Ia about $900, or, which 10 had but snaa'
iuaurauce, iu tlu Kent County Mutual
, 1879-05-31

TIE EUEplYE

TIE EHRpivE CAVES.
LONDON, May So-A dispatch from A,e,,
andFia says It Is scsut-o!lcta,ly stated lint ,hs
khetaivc will accept tho nomination Of Euronssn
Controllers with extended powers,
, 1879-05-31

1t Is time TINT tho o-Cuufo'lcrates In Con-
crcss a1o'.ld gtye Mr. HAYES ltttto rest. Ono
veto week during the hot weather IL Us murl,
as Gull consistently 10 rsqulrcd Ut any presl-
tttsYt
, 1879-05-31

MAtaANnA1M.
htApHI1. h1ay 8o.--'rhc train on tho sasaaossa
t. stalril Railway was stoppel by brigauda
uear Calatayad, a1ul robbed Ut es,00l
AKNr ESTIMATES.
Ills next army esllmatoa will psoposa I ra-
tlucsiul by lu.QU IneI', exclusive vi thu satluc.
Iuna iu Cuba.
Tllz TRHATr NTH CHINA.
1.nNnoN. huY Mt-'lhe Daily Nt,ss' CORE.
spondant at Madrid announces that, aroralng
to tho now treaty, Cinnamon III Tho Spaulsh
colonies will cuIoY treatment tta same as that
Of citizens OF the most favored natluns, and thu
commercial relations Of Spain ard China will
be placed Oh u similar footing.
, 1879-05-31
HOW 70 ABOLISH THE LAW AGAINST
MIfRnEH RY TNGTRu1rI0Na

"a
MURDER By INSTRUCTIONS.
Whilo inferior talonts mny in exceptional
instances havo perverted or defeated tho law
for tho punishment Of murder, It seen.s to
lavo bcon resorved Tor Judge 1foAL11sTEn's
muscular Instructions to abolish 1t oltogeth-
or. Lot ,,s analyze one Of these in tho liam.
Fonn cnso:
"The jury are Instructed that SULLIVAN II a
sompe.enI "ltncss ~ 10 .he purposes 1or whea no
arc t. nnt whsthor h. ,n,.nasa ~ III, ,,,~ronn.
and sa!d facts arc material and If tho defendant.
al tho point of time when he fired tho pistol. was
not doing an unlawful act then tho Jury should nc
b,a nns, au ,.' ., usioss e}ona a ,eason
tmooY. thst he did not intend to 1o tho nistol ami
did not intend to Rll, HANronp. was false"
Bearing in mind that su111vaa Ind sworn
that ho intended to shoot UANYoRp In tho
hand or a.n that had writton tho obnoxious
letter, md 1t will bo observed Tint tho above
charge Ii, in effect, whom applied to tia testi.
mony, that II they bo1ieye that su111yAy In.
.ouded ouly to shoot his nrm, and by a miss
aim tho ball entered vital part, causing
death, then tho jury should aoauit SULLIVAN
Of all crimol Wheroas every tnan of sense
un.earnel In tho law knows upt; In ,;..
tons 10 one Of JUDGE A1cAnn1srrn,a chnrooa
that tho 1uiBdraotiou of tho ball would not
nffoot the guilt In any manner, ind judge
A1cA1L1srgn knows 1t we'll, Tho language
of tho charoo. when snnlica ia tl,c teat;.
mouv. exnrossos ne;thar AtoAr,5sr,n,a mr.
any other mans oniniou. Il in sboor fo1aa.
hnod.
h1oroovor, t,o nresn,,nt,or y, =, ,,+o,,,t
IN kill from tha uao NJ n 5.od1v xoo,or l,v
n norson hnv;no conoci,v IN co,n,r;t cr,r,o !.
a rulo Of law and not a question of oy;dopco.
Ono wou1d think tlot. il tia mit1st NJ ;1uilro
SfoA1r1sren'a tcni,enc;ea to aot tho ru,os a.
,ho common lo,v otovo t,,a o,,a ~ I1,o Tn,;s
1ot,~o In ,n;n,,t h.vo f,nnd ~oo,, ~
;,o,ht who,hcr iha 1,eo;.lot,ro n ror,u,,t,,,.
, ,>r;,oror y, tost;f,, l.; H. o,,,x, ho,..,f -.
t.ado,, .ha. ~ s,'an,,, hn ,,aosa.s' w.
49, ,r;tno.. ~, an,aa. .,,.,s - 49, ps ~ ,a.'.
Tar., ;a.ant :. -, oaaa,,.to, ~ 49, xsxa..;e.'
=, ,ontr.ot ] ~ ~ ~ - L. ~ ~, oo.a,.;aa;as ~ =
o~;,na ,,n, ,aaa, w ,,'.oa. -, 49, ~a.. ~ ~ :"
e''"o w. 'oe"' '"''A'' VA '"o p''' y. :"
person ha''ne mehtel ahd physlchl capacity
to - t. and actually doing tho act, is MI irro-
Bistible Inference from the act, No Judpo
|, n c;v;1 cnupo .v,p11 o,,nron t,,n. H., i,
..,s..,. .N.' ~, ~""s 'a' w.
lehaants testimony that no alu hot fntond to
s'gn tho noto, but that In atate Of cxcito-
mont anl haste ho lifted tllo I'on, and from
",nstlnot" h1a pen vent oil i'll his hands
a1u produced tae signature in question. was
competent, Without clearly explaining to the
Jury lhs fundamental and 'rrovorsablo rula Of
Inv which tio fl1feDt1nnk syaa httanptfnn IN
, 1879-05-31

BT. PRrERsnuno, May 90.-'rlc dcatl.scntencn
Of Sophia Hertsfcld has beon eommuteu to b.o
tshment for life to Siberia.