davidaulloa/AmericanStories huggingface dataset:
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-23
ALBERT STRAUSS,
Y. No. 1867.
THE STATE.


Error to the Circuit Court of Warren
County, Hon. Upton NJ. Young, Judge.
Strauss was indicted for an assault and
battery with intent to kill, and was on the
same day arraigned for trial He asked for
a continuance, and filed in support of the
application his affidavit stating that two
material witnesses in his behalf were absent;
that he could establish his innocence by
them; that ne had caused summons to
issue, which had been returned not found
that said witnesses were procurable. 1t
was admitted that these witnesses were not
examined at the committing trial The
continuance was refused, and a trial was
had resulting in conviction. There was no
proof that the said witnesses were present at
the alteration.
A motion for a new trial was overruled
The bin Of exceptions states, that "the dis
trict attorney permitted the defendant to
read his application and affidavit for a coz
Jinuance in evidence. This the defendant
refused to do"
GEORGE, J.
Hsld-
l. 1t is insisted that the court had no
discretion under the statute as to granting
the continuance. See Code 1871, 2 2S06,
Code 1850, Z 3O77. The scope and purpose
of this statute Is this, and nothing more
First, to change the rule in Dominge's Case,
Z ). and NJ. 475, making admissions as to
facts expected to be proved by an absent
witness have only the effect the testimony
of such witness would have, if present
Second, when it appears that the party
would be entitled to continuance but for
the admission, then to provide that such
admission shall not prevent a continuance
If the attendance OF the witness can be en-
forced.
The statute does not apply until it has
been mod ont tn the satisfaction of the
court that, but for proposed admission OF
the testimony, 4 continuance would be
proper. Ia the case ut bar it is clear that
the court did not consider that the defend
ant was entitled to continuance, but for
an admission of the testmonyOf the absen
witness.
? The action Of the court in holding
that the showing in this case was INSULT
cieut, must be tested by the rules of the
common law Tested by these rules it was
a case clearly within the discretion of the
court TO grant or refuse the continuance.
3. A judge is better prepared on a motion
for 4 new trial to decide upon the propriety
of M application for a continuance than he
could be 1t its first hearing; and he should
always have the opportunity of reviewing
his action by such a motion, if it is com
planned Of
In the light Of the facts, the conclusion
of the judge in this case seems clearly
correct.
L In deciding on an application for a con
tinuauce, the Judge is not confined to a
consideration of the facts stated in the
affidavit of the party. He may inquire
into the truth of the affidavit, by hearing
other evidence or applying his own knowl
edge Of what has occurred in the case up tc
the time the application is made.
Affirmed.
W. +. Spears, for plaintiff in error.
N Green, Attorney. General pro temi
contra.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-23

The country is flooded With mutilated
silver. The whole lot snould be called
IN and melted oveT,-New Orleans Pic
ayune.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-23

Nature never designed woman for
ssst walking, and for once, at least,
Iisshion Is ii harmony with nature.
Damhury News.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-23

A beggar held out his hand. 81
haven't cent, said the gentleman. ~
did not specify the coin, responded the
mendicant.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-23

1.-THE honeymoon is well enough,
said prudent belle, ssbut what I want
to see beyond that is the promise of =
fine harvest moon"
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-23

A politician can find his way up salt
River without a torchlght procession.
New Orleans Pieayune,
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-23
BURNING OF THE PEARL RIVER
STEAMER KITTIE NYE.

A Graphic -Hair-breath
Escape of Capt. J, J. benson and
Others.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-23

OCTOBER TERM, 1880
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-23
SUPREME COURT DECISIONS,

Reported for The Clarion by L. Brame After
ney-at-Law, Jackson, Hiss.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-23
A LEGEND OF KRIS KR1NGLE
For the Little Readers Of the Clarion.

THE STORY OF QUEEN oTELIA AND KING
oTHo-How KRIS KRINGLE GOT HIS NAME.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-12-23

ONE HUNDRED AND SEVENTY BALES COT
TON DESTROYED.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-20
District Democrats.

MEETING IN THE TENTH DISTRICT THIS NnRsTxc
The Tenth District Hancock and English
club met at 1922 street this morning. ].
Emmner jr., In the chair, C. Corbley and G..
LaoaFra secretaries. Mr.. Emmner rendered his
resignation as chairman. It was unanimously
agreed Lot to accept the Resignation. ami II W AZ
iald on the table. After some remarks by
Messrs. Hodges, AtZ and Warren as to the pros
pecI OF the democratic party in November the
c!Gp aoJOurned. Afterwards the chair an.
pointed the following as the Tenth district Han
COCK and English one dollar campaign fund
committee, ali moneys collected TO be turned
over 10 The jackson Association: j. Emmner
Clure. a0'' - MI
TEE YOUNG MEMS HANCOCK AND ENGLISH CLUB
met at Association Hall last evening Mr.. II. f.
Miller Ia the Chair and Mr.. c. NJ. Moore Secre-
taTy. Mr.. Bell said that at meeting at Lang.
ley, at which Messrs. j. Fl. Bradley, J. E. Norris.
&: L. Thompson and himself were present. an
address had been read which would be the one
presented Dy the committee on address OF this
cup. 1t counselled peace and reconciliation.
and urged all to unite In the election OF Hancock
and English. Mr.. Oliver z. johnson addressed
the meeting, referring to his late visit ID Ohio
ana sald the democracy there were not desDond-
ent- Mr.. johnson then urged liberal contribu-
lions. Mr.. Rowe offered resolution, which
was adopted. that notwithstanding the recent
defeat In Ohio and Indiana, they look. with con.
nde1ce TO the election OF Hancock and English
MI. thompson offered resolution, which was
adopted setting forth the recent aniZ alton OF
Office holders under the name OF the ToWDa ID
Ciuo which cluO, on recent occasions, has pa
raded with nondescript machine called the
canaS boat Evening Star, and have made d mis-
take Oy hftch1ng thereto horses. when there +
so much mule power to be found among the
members, and suggesting that ON future Occa
sl0nS The towpathers get in the traces etc Mr.
BaOcock called up the question OF finances and
urged that the collections be made promptly.
ana was followed by MIR. j. Il. Wilson. Mr.. K. W.
rehWick and Colonel Sloan. who appealed fo-
funds.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-20

BUTLER, MARQUIS, THIEF, OR WOMAN
Mr.. Constant A. Andrews, or No 80 West 4Sth
street, missed silver ware recently from his
house in Newport. Suspectlng his butler,
Hilga Won Zaren. he requested Capt GastiIn Of
the steamboat squad TO arrest him. After Won
Zsrens arrest, Capt Gastlin found In his trunks
a display OF the most costly male attire and a
quantity OF female apparel. including several
fashionable silk dresses. Won Zaren said he
sometimes amused himself In the evenings at
NewI ort by attending balls attired as a womap:
A Package OF small visiting cards, bordered
With black, and inscribed, In an elegant script,
lie Marquis O'Neill de Lasantas. Belfast
Square" was also found in the trunk Won
ZaIen said that this Is Spanish title. and That,
being scion OF Spanish house, he Is entitled
10 assume It Capt. Gastlin learned that ym
Zaren has used the alias OF Henry ONeili, ana
that he stole silverware nom Messrs. John c.
Flo. OF No. 2sS 5th avenue, and Edwin o.
Meyer. of No. 81 West nth street, while EN-
p,oyed by them as butler. Won Zarep pleaded
guilty OF grand larceny yesterday In the geu-
eral sessions and Recorder Smyth sentenc d
him TO state prison for TWO years and six
months. He was so much affected that the
officers had 10 support him while ne faced the
court.-N. \. Sun.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-20

Mr. ". o. Roome, in charge OF revisIons o!
special assessments, has revised the following
assessments: Franklin street from New Jecs3g
avenue to 5th street west: Il north from Yer
mont avenue to Boundary street; south from
9th east to 10th east; 23d west from north to
\ north; 24th west from Virginia avenue 70 90
Seryatory; north from New Jersey avenue 70
North Capitol street: street south from <
west TO river: Carroll street, all; Sampson street
from 14th west 10 18th west: Duddington place
between b street south and south.
BIDS WERE OPENED TO-DAY
in the Office of the District Commissioners for
removing the bodies In HoImead Cemetery.
There was but one bid put in-that or the
GracelaDd Cemetery Company-Wnich Offers t.
remove for s. each TO any cemetery where the
friends may own or control the lot or lots GA
which such bodies can be buried. s. so for re-
moving body and the appropriate headsto1e
ard reburyfng and Sett ng stone. Seventy five
cents for each pine box, three feet lo1g by
fifteen inches square. furnished for enc iSIuy
such bodies so removed.
TIE LIQUOR LICENSE BOARD
this morning addressed note TO the Commits
sioners propOundiDg the question .'Whsr2
owners OF property who reside in the CITY are
REPRESENTED BY agents. shall the board retluire.
the signatures OF the owners, or viii signatures
Of agents answer" Also, III the agents can
represent the owners or property, will not
addressed TO the board over the signatures o.
agents, stating that they are duly authorized 10
sign Tor owners answer"
The license board met today and rejected the
applICdtlUu VI NIP NeTtultu, SZI 10tl street
northwest, the requisite number of property
holders not being attached to the same. A pc
tition was received signed by large number Of
property owners in The neighborhcod OF the
Peabody school building, against the issuing OF
license to any persons living On or doing bust
ness on streets fronting the school.
ISSTRUCTING TIE GRAND JURY.-The grand
jury to-day asked the Court series OF Ques-
lions, which Judge James proceeded TO answer
The first was: II from the testimony they be-
lieye that the offence was ustif1able should they
ignore the bill? The Court said that they could
not. for 1t was the province Of the petit Jury t.
decide On the question OF Justification. The
second was as TO whether il they believed that
30 conviction would follow should they Ignore?
TIE Court answered that that was not a iiues-
ton fer them to determine. Their simple duty
was to determine this question: does the EVIL
der ce make out probable cause on pI'intd Jlcia
case? The third was should they find bill
without regard to any mitigating circum-
stances? He replied that neither the grand nor
petit jury had anything to do with mitigating
circumstances That question belonged 10 the
Court after conviction. The grand jury there
upon retired.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-20
ALEXANDRIA.

SECOND ACKNOWLEDGEMENTS having SCI.
In, DR.. Lewis, assisted by Drs. Sssber and
Powell, this morning amputated the remaining
portion OF the foot OF Adolphus Rohes, brake.
man on the Virginia Midland railroad. who was
SO badly injured at Danville Wednesday night
last by being run over by the cars. portion
OF MI. Robey S foot was amputate1 at Danville
at the time OF the accident. =
FATAL ACCIDENT AT THE SHIP YARD.-Whfle
engaged in hauling up the Hattie Williams. a
large three-masted schooner. Captain ]. Ii. Bray,
Of Taunton, Mass, about l2 O'Clock To-day, az
the ship yard, the new shaft in the engtne-room
of the large ways. about eight inches in DIAM
eter. from sosne unknown cause. broke, and the
vessel went off into the river With a rush. At
the time of the accident three men were In a
small boat at the stern OF the vessel. One or
them, Henry Partridge, 81 years OF age. OF Or
iand, Me-, jumped out of the boat into the river.
and was drowned. AS the young man was a
good swimmer. IL is supposed that he was
struck by the cradle of the ways or some flying
l 6lock and stunned: The only damage occa.
stoned 0y the accident was the breaking OF
the Sne-t, which will be replaced as soon as
possible by one made OF wrought iron. The
body OF the unfortunate man had not been
recovered up to four O'Clock this afternoon
The schooner, about 400 tons burden one
OF the largest vessels ever at the yard. left
at five o'clock this evening for Baltimore
GAZETTE. 1911.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-20

LAST NIGHTS SESSION.

The synod of Baltimore, composed OF the
Washington, Baltimore and Newcastle presby-
teries met at the New York avenue church last
evening. The meeting was opened with devo-
tional exercises and sermon by Rev. b. F. Bit
finger the retiring moderator, from the words:
"Thus saith the Lord stand We in the ways and
see and ask for the old paths, where Is the good
way, and " ak therein; and ye shall find rest for
hearken. Jeremiah vi, 16. Rev. Narayau She's
badr the converted Hindoo was introduced.
and spoke at some length regarding religious
matters In India
T0-DAY's SESSION.
The synod reaSsembled this morning, and
after devotional exercises and the enrolment of
ministers and elders. assistants t. the stated
clerk. Rev. j, p. Carter, elected Rev w III
Booke, OF Havre- de- Grace moderator. Mr.
Cooke On taking the chair briefly returned his
d a6 iS reports from Presbyteries were made
churches, and s62,477 raised; Washington 81
ministers. 20 churches. 3 lfcentiates aud Il can
dldates; baltimore, 10 ministers. a churches
and 1928, 600 raised.
Rev. Mr.. Carter moved to amend the standing
rules so as to fix the time OF meeting of the
Synoc the third Friday instead OF the Third
tuesday In october SO that Sabbath may be
spent at the meeting place Mr.. Carter argued
that at present there was too much routine Gus
mess, but IL the meeting was changed there
would be more spiritual benefit
II was argued by some that the SYNOD nent.
ing IOiIoWlng SO closely after the usual summer
Facatlon Ii would not do for the pastors to alb
sent themselves from the pulpit Others took
lHe ground that there should be at least more
preaching during the sessions OF the synod. one
speaker SAID 1t would be gcod for the coagrega-
lions 70 make such change for twice In thfee
years lhe responsibility OF filling the pulpIts
would fall on the elders. The vote on the
motion was tie-33 on each side-and the roll
was called and the motion was adoptedE33 in
tne Affirmative and &c in the negative.
the question as to place OK meeting was called
ana warm invitation was given from Cumber
land, Md.
Rev. A. b. Cross, ION Baltimore Church ba.
Ing nominated as the place OF meeting). warmly
urged that Cumberland should be the place for
the synod was created for missionary work in
that part OF the state. He ad no doubt but
they would De well received anywhere In MARY
land. Including the eastern shore, where Their.
Is sand, sand, sand. III Cumberland they would
H tI more. what are you going to do? Let
IheSe people feel that they have no backing?
Iell Ihem to remain there alone and sing "Hold
the FOrt?n ''A
Rey. Mr.. Duvall replied, saying that good Old
DE- ration would cry to hear Mr. Cross ask
Nnat nave they on the eastern shore but sanj
SanC, sand. lie was not from eastern shore
gut ne would say that they had more there
than sand. They had fruit. fruit. fruit and
had grown some noble men there The SYNOD
voted TO meet at Cumberland, On the third
Friday In october, 1881.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-20
THE GREAT Bonanza mines OF Nevada are less
notable than DR.. Bulls cough syrup.
FIRE AT SOLDIERS, HOME FROM THE KICK G

FIRE AT SOLDIERS HOME FROM THE KICK OF A
HoRsE.-About 2:3o o'clock yesterday afternoon
one OF the stables OF the Soldiers Home was
totally destroyed by fire. caused by the kick OF
a horse. IL appears that John DOien, laOorer,
was engaged In singeing horse, aud was using
a lighted lamp for that purpose, and it is sup
posed that during the process he slightly
burned the animal, when ii let fly hind noOf
which knocked the lamp into the hay, setting 1t
on fire and soon the whole building with its
contents was destroyed; loss about 81 500. The
fire department was unable to respond owing
TO the sickness among the horses.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-20
SANFORD'S
RADICAL CURE
FOR CATAHRH.

EANFoRI's RADICAL CURE, Catarrhal SOL
vfNT, and IMPROVED INHALER, wrapped in ola
Iackage with tuIl directions and sold by al drug
Rists Tor enc dollar. Ask for SANFoRD's RADICAL
CURE.
From simple cold or influenza t, the rotting,
s.oughing, and death of the senses OF Smell, Taste
and hearing, this great remedy ia supreme. Pc :
sonoUs mucous accumulatioDs ere removed the
entire membrane cleansed, dislnfected. soothed.
blood purified OF catarrhal poison, deepened in
colcr, and strengthened in life giving propa tie.
Ius. externally and internally, in accordance
with reason and common sense. does this graz
economical remedy work, instantly relieving aad
IerMai entity curing the most aggravated and dac-
terOus forms Of human suffering.
General Agents,
WEEKS g. POTTER,
Boston.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-20
A New Use for Cork.

1he want has long been felt OF a floor cover
ing combining the durability ard comfort of
carpet, with the cleanliness OF oii-cloth. This
desirable end Is obtained In the patent LiioOIeufa
and. being composed or cork, is never cold I'M
Ger foot. The goods are made in variety Of
handsome patterns, suitable Tor every part of
dwelling house. as well as stores, Offices &c.
See that the word 'Lin0leunt' IS en- the back OF
every square gard. This Is the only genuine
article. Kept by all carpet dealers.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-20
GOOas GOod{:

The commonwealth Distribution Company
nave commenced suit against the Post ONCE
authorities, and have succeeded in obtaining an
They fight tor their rights as any legal and fair
Institution ought. Until this suit is decided
correspondents are requested to remit money
or draft IN plain letter. Don't send by money
order Or registered letter until further notice
S50.CCO Tor 81 Drawing Oct. seth. Address X.
NJ. BoAKDMAN, Courier Journal Building, Louis
Vile, KY, or 3Js and 300 Broadway, New York.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-20

John j. Lyons, who shot a call-boy in the
American hotel, at Albany, N. Y, has been
ar fsted In New York. In his possession were
s244. two loaded reviewers and quantity of
Jewelry.
The Chicago InteT'-OCPdn says that D. S. Rid
deli, local freight agent OF the Michigan SOUTH
ern railroad, has left town with shortage in
bis accounts OF $4,000.
John Murphy. a sailor. fell from the top OF a
liberty pole at Summitville, n. j., on which he
was adjusting weather vane yesterday, AMI
was killed.
AT LyDdenville, VT, yesterday, Byron Blake,
in lit OF insanity, murdered his mother, sister
and step-father with a knife, and then hanged
himself.
A young lady OF Portland, Me-, was insulted
on the ao s.resf py rough ro s1e seized MIN oy
made complaint against him.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-20
CITY ITEMS.
Our National Health a Cause of Thanks

Our National Health Cause OF Tha mis-
giving,
The past season has been particularly a for.
tunate one as regards the health OF the southern
states, and especially that OF the gulf states.
The plague OF modern times-the yellow fever
has been fought and vanquished, thanks greatly
TO the efforts of the late Iamented DR.. Chopin,
at Tie head OF the world renowned Charity
Hospital OF New Orleans. This institution has
been miraculously, as il were, preserved In the
highest state of its efficiency oy the large rev.
enues 1t annually receives for twenty one years.
commencing 1868, from The Louisiana State
Lottery Company, about the grand monthly
distributions of which all Information Will be
given on application by mail made to Nj. A.
DAUPHIN, No. 3l9 Broadway, New York City, or
same person at New Orleans. La.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-20

STRANDED IN A STRANGE CITY.-Wm. Kelly,
late treasurer Of ga Flock OF Geese comblna-
ton. states that Hickey, the late manager, run
away last evening. leaving himself. Mr. Fenton
Mr.. Stewart, Reynolds and Miss Kellogg
stranded. Saturday, Hanna, manager OF the
the city, and thought tile SHOW was too bad to
risk any money On. and therefore would not
advance fares to Cleveland. Hickey then an
nounced the dissolution OF the company. and
said he would not send them back to New York.
He telegrapbed for leader of the orchestra al
though knowing the company was going to
quit business. and thus Mr.. Jackson arrived
saturday, and is here now bankrupt. Hickey
MI. Kelley says, owes the company three weeks
salary, and has left them in strange city with
out means Miss Kellogg thought that bad
business. and Miss DraytOn'S variety business
hurt the company, while want of capital
crushed it. She says she expects to ioiu the
tourists Falace Car company.-P.HS5ury
Ledd(T 1871.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-20

What are Skin and Scalp Diseases but the evil
denee Of internal Humor Ten times more difficult
reach and cuTe which floats i'll the blood ami other
fluids Dc stroyins the delicate machinery OF life.
burst through the skin in loathsorne eruptione?
CUTICURA REsOLvENT, the new b ODD Purifier,
Internally. CU1lCURs, Medicinal Jelly, assisted
by the CUT1cURA MKpIc1NAI. IoILEr Soar, ex-
te1naljy. have performed the most miraculous
cures OF Itching, Scaly and Sccofuous Hun3rs
ever recorded il medical annals.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-20

CrT1CURA REMEDIES are prepared by WEEKS &
POTTER, Chemists and Druggists. $50 Washington
street, Boston, and are for sale by all Druggists.
Price for CUTICURA, Medicinal Jelly, small boxes,
50 cents large boxes, 81. CUTIoURA REsoLvENT,
the new Blood Purifier. 81 per bottle. CUrIoURa
MEDICINAL TOILET SOAR, 25 cents. CUrICURA
MEDICINAL sHAvISG SOAP, Is cents in bars, for
BARRIERS and large consumers, 80 cents.
eEA mailed free on receipt Of pT.ce.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-20
Coraf;eu,ed Locals.

The following patents have been issued to
Donaldson. socket handle for tools: George w.
Mason, chtlds carriage; c. W. Salsdee road
wagon two patents; X. ID. o. Smith, water
closet and uTinal, three patents Georgetown
Z p. Ham and q. W. Decker, betting reel.
The valuable horse Jack, of No. l engine
company, died this morning from the epizootic.
He had been a favOTite In that company for the
past six years
J. Shilington sends .S1'ibner,s Monthly for
November, superb number.
Yesterday, Mr.. c.. F. Rowe. for Robert o.
La Bile. filed bill against Martin CrOnin, W.
O. Drew and others, members OF the d. G. Fire
Department Relief Association. prayfn an ac-
count and a decree for s2 each from each men,
ber-S1S6-which he claims he became entitled
by reason OF his resignation In July last, be-
cause of disability incurred In the service.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-20

CHARGE OF MURDER AGAINST A RoY.-The
grand jury has found true bill OF Indictment
against Isaac Snowden for the murder of Wa.
Smith, By cutting him. Both parties wPr, c3l-
oIeT, the prisoner being few months over
twelve years OF age and Smith about eignree9.
About 8 month since, they. with Others wera
pisy Ing humble peg" near the corner OF 9TH
an0 streets southwest, when dispute arose,
and after coming TO hard words, blows with
fists. bricks and stones followed. and Snowden
drew knife and cut Smith, who died about
nire days afterwards. The prisoners friends
have retained Mr. +. III. Falls as his counsel