davidaulloa/AmericanStories huggingface dataset:
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01
The Competency OF Jurors under
the Law.


EDITOR AvALANcHE:-In Easons S
case, ten ofthe jurors stated that they
had formed and expressed opinions as
to the guilt or innocence of the de-
fendant; that the newspaper account
on which their opinion was based pur-
ported to give an account of the facts
OF the case. Each said that his i'm
pressions were derived solely from
newspaper accounts. Each said, if
sworn as juror, he could lay aside
his opioion and go according to the
law and the evidence, and render a
fair aud impartial verdict: See G,
Baxter, p. 467.
The jurors were all held to be in
competent by the supreme court.
They held opinions against the de-
Ifendant, but they could lay them
aside, But the true rule is absence
Of all opinion-nothing to lay aside
that impartial frame of mind which is
wholly without opinion, and which
comedies the prisoner the presumption
OF innocence until the presumption
has been overturned by plenary
proof That is what impartial means
Speaking of juror who has an
opinion, but says he can lay it aside,
and give fair trial, Judge Peck uses
this language.
"But who that has taken the slight
est view of human nature can help
seeing that, Immediately on hearing a
repetition of the same evidence which
first raised his prepossession, they
will return upon him or, placing him
self upon his resolution, he will err on
the other side, and reject the evidence,
which, but for the appeal to his pride,
would have had its due weight"
A juror with prepossessons in bis
mind, says Chief Justice Marshall,
will listen with more favor to that tes-
timony which confirms, than to that
which would change his opinion. 1t
is not to be expected that he will
weigh the testimony as well as one
whose opinion is not made up in the
case. / Bnrr's Trial, 4l9.
According to these tests, all Of the
witnesses who were examined yester-
day, on the motion to change venue,
have such opinions as would disqual-
ify them. Moreover, when they said
fair trial could be had; they ex-
planned that it was by laying aside
such prejudice, feeling or opinion as
the so-called fair and impartial jury
might entertain.
The writer has taken the pains to
lay down the true test. BY that
it is probable, in the language
Of the statute, that q fair trial
cannot be had in this county.
Mark, go by the test of the
law, and not by such test OF fair and
impartial jury as the Avalanche would
substitute for the legal test. In the
Eason case the supreme court de-
clared statute unconstitutional which
presented the rule which the Ava
lannhe indicates as the standard.
The difficulty in getting a jury is
that such leading and influential jour
mails as we have in this city, havemade
such impressions on the public mind
as destroy that perfect impartiality
(which the law requires in the juror.
asHo w i, DUFF.
March 81.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01

Rule, Cincinnati, 6 am; Champion,
st. Louis s am; Lioness, Louisville,
10 am. Departed Harry Brown,
Memphis, 10 am; City of Helena,
Vicksburg, 5 m; City of Greenyille,
st. Louis, 5 am; Charles Morgan,
Cincinnati, G am; Golden Rule, New
Orleans, Z am; Lulu Worth, St.
Louis, 8 am; Champion, Paducah, 8
am; Bigley, St. Louis, 10 am; G. w.
Anderson, Nashville, noon. Cloudy
and cool.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01

GEN. GRANT telegraphed from Gal
weston to the mayor of Little
Rock thSt he would pass the latter
CITY about the 18th of April, on his
way to Hot Springs. He has since
come to New Orleans, and if he should
come BY way of Memphis, he would
pass Little Rock on his way to Hot
Springs. He possibly had this route
in his mind when he wrote that dis
patch. By some singular inadvert-
ance, no invitation that we are aware
of has been extended to Gen. Grant
to visit Memphis. AS he will proba-
bly remain at New Orleans a day or
two longer at least, it is not too late
to attend TO this yet. If he will come
here the people Of Memphis will give
him as hearty and cordial reception
as he has had anywhere, and they can
get itup on as short a notice as any
other place. All classes would unite
in paying respect to the most dis
tinguished private citizen OF the
United States,
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01
BY CABLE.
pAR1s IrEMs.

PARIS ITEMS.
PARIS, April l.-Teisseirenc Bart
has rendered his resignation to the
Vienna embassy. Iii health.
Desprez, the French ambassador to
the VATICAN has delivered his creden-
tials to the pope in state. An i'm
portant meeting of influential persons,
including members of unauthorized
congregations, high clergy, and sena-
tors and deputies, was held to consider
the Gort DEGREES.
NO SPECIAL CORRESPONDENTS.
ST. PETERSBURG, April 1.-No spe-
cial correspondents will be allowed to
accompany the Turcoman expedition.
MELIKoFF
is fastening the political trials. Many
nihilists have been placed under po-
lice supervision, and others exiled to
Siberia.
ENGLISH BULLION.
LONDON. April 1.-Bullion in the
bank of England decreased e3l6,OOO.
The proportion of reserve to liability
is Al per cent.
THE ELECTIONS.
There have been elections in seven
ty.six constituencies to-day, and forty
eight candidates. The Standard, a
conservative organ, says minor defeats
are as likely as not to be succeeded by
important victories in the elections to
follow. The Telegraph Qiberal) says
no such sweeping change is manifested
as that which struck down the great
party in 1874. The result cannot be
predicted from one days polling.
THE DELAYED SENTENCE.
CoNsTANTNoPLE, April 1.-The
delay in regard to the sentence of the
Russian colonel, Comeroff, causes
much indignation. Russian represen-
tatives threaten to quit Constantinople
ii justice is not speedily done.
CUBAN AFFAIRS.
MADRID, April 1.-The government
has signifed It's intention to discuss
Cuban estimates before taking up the
imperial budget, as the situation of
the treasury in that colony requires
prompt measures. The government,
during March, provided the captain
general with nine million dollars for
the suppression of the insurrection.
Every shade of oppositionin the cortez
is anxiously watching Cuban affairs.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01
Fires.

PHILADELPHIA, April LA fire at
Twelfth and William streets to-day
caused loss to Conoway & Co, OF
$1,000. Insurance $4,000. The loss
to the Novelty paper bag company is
$4,000; to BEGINNER Bros, machin-
lists, $4,000. and to J. H. Johnson,
$1,000. All insured. The building
was almost totally destroyed.
New ORLEANS, April la Times
special reports the incendiary burning
of the Brown county court house and
Jail, destroying the records and
cremating several prisoners. The loss
is estimated at $1,000.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01

The Helena World says: 1t seems
quite certain that the republicans of
Arkansas will be solid for General
Grant or his successor. This we are
led to believe from the fact that the
Hon. 5. w. Dorsey, Of Colorado, and
the Hon. Powell Clayton, of Arkan-
sas,are lying down togetherin peace and
harmony and unity. We are quite
certain that Mr.. Blaine has little
strength in the state, which is quite a
set back from four years ago, when
his friends were more numerous. The
cause Of this is no doubt the action
Of Mr.. B. in the force bill business,
which is more generally known, stud
led and deliberatcd on now than dur.
ing the last presidential canvass.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01

New YORK, April /, 1893 pm
Cotton opened quiet, now quiet and
steady. Ordinary, 114c; good ordina
ry,l2 Lice; low middling, l2sc; mid
ding, l2sc; good middling, 1910;
middling fair, lac; fair, 143c. Futures
as follows: Deliveries for
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01

We publish from the Avalanche a
card from Colonel WI. Duff, touch
ing and defining the competency of
Jurors under the law. His position is
from a strictly legal standpoint,
is perhaps correct, though we give
1t merely as the views Of a cores
pondent.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01
A nIisainn EecrefnrY.

TORONTO, April III. s. Steven
gqB, secretary of the corn exchange
and board Of traae, has been missing
since Friday. He was involved
through grain speoulatiops.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01
Hnnr MInsnIc

BARDENTowN, N. j. April 1.-Geo.
Warner English, the city treasurer
here. hanged himself this morning.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01
DIED.

MGDAyITF-Thursday morning, April lst,
Of whOoping cough and pneumonia. blossom
infant daughter Of Jas. II. and Fannie nj
McDavitt. 49,
Funeral from tho residence, l24 Adams
street, FRIDAY morning, April "a. 1880, lO55
o clock: Services by Rev. II. A. Jones.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01
Mr Jnmes Parton wbo has writle

DIR. James Parton, who has written
some Of the bast and most successful
of American biographies, says that
an industrious and capable writer can
during his best years earn seven or
eight thousand dollars year, but
that no man should adopt literature
as a profession unless he has a fortune
or can live comfortably on three thou
sand dollars year.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01

THE sixty-frst anniversary of the
Odd Fellows order will be celebrated
ON the 2Gth Of April.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01

THE New York Herald's Irish re-
lief fund amounted, up to the 10Th
nit, to $3l8,O23.53.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01
Sales to-day, lis, 10 bales. :

Sales to-day, 1890 bales.
New ORLEANS, April 1, 11:3Oa.m.
Cotton steady. Middling, 1870. Sales
to day, 500 bales. Receipts 652
bales.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01
Legseps sails for EurOpe.


PHILADELPHIA, April l,-pe Les
aeps sailed to-day for En~one.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01

WASHINGTON, April1.-For Ten
nessee and Ohio valley, partly cloudy
weather, occasional rains, cold north
erly winds SeeFipg 70 warmer, slowly
rising followed by falling baremctep.
Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-04-01
ENGLISH BuLLIoN.

LONDON, April 1,-Bullion in the
bank of England decreased e3l6,OOO.
The proportion Of reserve to liability
is Al per cent.
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-02-19
THE NEW ORLEANS DEMOCRAT THURSDAY FEBRUARY 49,

the Judiciary, reported the following entitled
bills from the committee:
An act to carry into effect article tss OF the
constitution. and to impose penalty ON the
officers falling to comply with the same.
Also,
An act defining the qualifications and duties
Of the constahles of the city courts Of tho
city or New Orleans; fixing their eompensa-
ton. and assigning the eenstabes elected
under the provisions Of the constitution Of
1870 to their respective courts.
Mr.. Luckett. chairman of the Committee
on Elections. submitted the following report.
which lies over under the rules:
New ORLEANS. February II. 1879.
To the President aud MAmbars Of the Senate.
After fair and complete Investigation OF
all matters Involved In the contest Of Il s
Perry vs. A. i. Riarh. your committee beg
leave IT, report as follows
The face Of the returns show the following
apparent votes cast In the Eleventh Senatorial
DiGfr1pt
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-02-19
Thirtieth Days Proceedings.
SENATE CHAMBER. NEW ORLEANS.
Tuesday. February IL. 1880.

SENATE CUANEFR. NEW ORTFANs. |
Tuesday. February II. 1880, !
The Senate was called to order ut Il o'clock
m. by the Hon. S. d. McEuery. Lieutenant
Governor and President Of the Senate.
On call Of the roll the following named
Senators were present:
Messrs. Ably. Brian, Burlington. Cahen
Campbrl Cunningham. Davay, Tontenot
Foster. Harris. Kidd, Leake, Lucas, Luckett
Marston, Newton, Mutt, Parlange. Pollock
Kiard, Robertson, Rogers. Stewart, Settoon
Story. Vance, Walton, Watkins g.
Absent Messrs. Augustin, Davidson, De
mas, Estopinal, Hagan, Nunez, Steele. SHINES
3.
On motion of Mr., Stewart the reading Of the
journal In detail was dispensed with.
REPORTS OF COMMITTEES
Mr.. Watkins, chairman OF the Committee on
The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-02-19

Y. n. AIGISTlN, Chairman
Rcsollt3, That the report of the special
Committee appointed tnexamne the accounts
of Gov. Nichols. rnlntyn u militia fund, hn
adopted, AMI the committee be instructed Is
transfer tho balance now in their hands. with
the same, tutn thr hands al GOV. Ii al Wilt.
The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1880-08-01
tfNsh ru..d.,'. D.iis.1


...
Bernard Toner IL in from Railroad
District TO day.
A special freight train passed West .,
1890 o'clock td-tay.
Frank Rurris tsd son started for the
Wood River Codatry by team yesterday.
Norris Bsdt. Of %sGs. came down
by train yesterday morning knd returned
last evening.
Central Pacific Agent Rusins Is NOV
ing his family into ths dwelling recently
vacated by the family Of Mr.. Peel.
A couple OF new locomotive engines
for the Southern Pacific road passed
West by the freight train last night.
A gentle shower Of rain fell for several
minutes last night, laying the dust and
cooling the atmosphere. 1t vas u most
grateful visitation gratefully received.
Messrs. Rsinhart & Co shipped to
Baltimore yesterday. three ctr loads Of
SORPCA lAO" bhO AoAhuCO NJ VhllTOuu
District. The firm also received from
the East yesterday. a car load Of the
celebrated Salvador beer.
The last Of the large lot Of coke brought
from the East some months ago was
loaded on teams at the Depot last even
ing, and stOrtei for the furnace at Rail-
road District. Spence's teams have
been employed in its transit since last
Spring.
Counselor J. II. Rand has established
his law office in the spacious parlor of
what was formerly known as the Gen.
eehnial Lodging House. adjoining DR..
pfeigs' Office on Railroad street; and is
now prepared to transact any legitimate
legal business for any number OF eli
cnts,
The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1880-08-01

dot bis-o,npartnsni sAAh II mosG sub
stantially constructed 70 the very bot.
tom; supplied yith sAGS and the othsr
modern convehisheeA and over which
Il erected q complies set Of hoisting
works. With eapieity to sink . further
depth Of 200 fset. Although 6r.t class
in every particular. owing to peculiar
advantages presented At the time, the
cost OF these works to the company, vas
over so per cent. less. perhaps. than
any similar onss were eree erected in
the District PAs-isg through to
drifts hundred Of feet on each level
from the 800 mp. the lead Is strong and
regular. without a break. but strange as
IL may appear oont,ius little or NO
minetal up to the 400 level, notwith-
standing the fact that from that point
TO tho surfsce. the vein was rich
throughout. All the work in the mine
l. eIecuted in the most substantial and
workmanlike mapner. 10 that the
ground may be opened 10 any extent
with perfect safety; but the continued
disappointment met with ~ each sue
c~essive level has been reached. below
The 200 is particularly disheartening.
and sets at defiance the established the
cries Of practical mining men. touching
favorable indications. Under the very
favorable circumstance mentioned. It
seems Impossible that all the good ore
in the vein could have been
crowded above the 2O0.foot level, and
we canno believe it. We therefore feel
that there is good grounds for the hope
hat still further down lies the coveted
prize, aud il SO. Muc Is the man who
deserves TO find il.
The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1880-08-01
GrunIsvIllr.

f. II. Boynton, Of Tuscarora, who ha,
been over ut Gnntsville, Lander
county, prospecting the business out:
look Of that much talked Of camp. re-
turned heIe on his route to Tuscarora n
couple OF days ago aud in conversatio 1
with an INDEPENDENT reporter state !
that from what he had seen while IL
the camp, he was convinced that tie
glowing accounts given Of its vast mil.
eral wealth, are in nowise exaggerated.
The amount of ore exposed in the Alex:
ander mine far Z. ceeds anything he b I'd
ever expected to witness OF that nat ire.
1t is very rich ore, TOO, and to ,dge
from present appearances. is practic lily
iaethaustiLle. Vast quantities, he says
ate extracted SHh very little labor, and
it is his opinion that enc hunt ired
stamps could DO easily kept employed
for years upon the yield Of that one
mine alone. Besides the Alexander,
owned byM. San Pedro & Cooper, t, ere
are other valuable locations. all in the
immediate vicinity. bit little has yet
been done upon them in the " " of
developments. Sam Curtis, OF Virginia
City, has located on the mineral b II O
long distance from the Alex hder, and
PROPOSES to sink a thousand feet before
crvns-cutti'g for the lead. As an eTi.
dehce Of the stupsndous showing ih Tie
Alexander. tits stated upon good au.
thority that 81, 1000, 900 have Lesn re.
fused for tie mine.
The stores. shops aud other places OF
business in the cnmp number aboht
twenty, but the systrm Of paying in ten
day sight checks, adopted by the mines
makes money scarce and d-presses the
general business Of the camp, Town
lots range In price from $50 to sI5 900.
according 10 locality,
The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1880-08-01
From Wednesdays Daily.
SnlwsauudI.


United States Senator John p. Jones
passed west by the train this morning.
S. N. Pollard, arrived here by stage
from Tuscnrora this evening and in the
morning will start on a trip to New
York, to DE absent about a month.
Mrs. E. Cox. Of Star Valley who has
been seriously i'll at the Depot Hotel
for several days past, is We are glad to
state now improving. and is considered
BY her physician as being out Of dan
ger.
A car load OF lumber from the West
was unloaded here yesterday for the
Indian Reservation at Duck Valley.
The material is for finishing n school
house and other buildings being now
constructed Of Adobe, on the Neserva.
lion.
Surveyor PEBBLE, who arrived here
from the Western part of the State, is
DESTROYS Of employing seven inen, pro-
vided lac can secure such rs needed.
He is Quitting here for Strptoo Valley
where he has surveying to 40 that will
occupy four months time, nud wants TO
accompany him by wagon, one white
man cook; three ohnin men and three to
prepare AMI dive stakes and BULL mon
uments. Here is n chance for several
cool men TO obtnin four months steady
employment at good wages. and money
cvssatu. Fall particulars can be oh.
tanned at tho Gem"
The slaughter Of sngc-fowl AMI barn
pheasant now being INDUCED in by our
local N:mrods, Is something fearful to
contemplate. The thirsty soul whose
necessities impel him to arise and go
forth just ut tile orak o'day, may IL
fine morning disc over a party Of valieut
hunters, with guns md demijohns slip.
ping out Of town by the back streets.
Those now in the field. forming n strong
division of the Grsnd Army 4 Tramps
are being daily recruited by deserters
from town, and IL this exodus mania
continues. the Garfold-Aithur stuffed
Club won't be able to raise a quorum
before election.
A 2S-mile so os. you.please horse-r race
has just been arranged ut Bullion, Rail-
road District, to luke place uext Sunday.
The principals IN The race are Z. J.
Cnrpeaux and Jack Wermoth, each to
ride his W horse; the stakes being
800 a side. Tho race Is 10 BE- over the
romd from Bullion to Dorsey Brothers
stable in this place; the horses to start
Mt 0 o'clock in the morning. Much in
terest is manifested in the result both
here md at Bullion, outside bets being
numerous in both places. Not less
than eleven OF twelve hundred dollars
will change hands on the result. Car.
penux rides his own horse, Bine Dick;
Wermoth rides Joe Phillips horse,
John.
The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1880-08-01
Handsome Tribute to Captain
j. X. Houklua,

Henry Clay Davis tho handsome Con
ductor Of the c. 2. passenger tran.
forwarded to Captain j. X. Hopkins,
also Of the @. L. line, and personally
known to some Of our citizens, n beAuti
full gold badge which is presented %
Captain Hopkins by Captain Dnhlgrsn,
of Battle Mountain ~ 4 testimonial OF
the lnstor's appreciation OF the gallant
services rendered by Captain Hopkins
at the bloody battle Of Suiloh; the dercc
engagement at Lookout Mountain. and
mt Atlanta in his march with Sherman
to the yea. Upon the badge is hand.
somelY opgraven ths names Of tho three
principal battles in which the gallant
Captain was engaged. The name "Cap.
tain J. X. HopkinS.' is also craven on
the handsomely polished golu bar from
which tho badge IL pendant.
The genial unnssuming department
Of Mr.. Hopkins, Which has so largely
Contributed TO his popularity rs q rail.
road Conductor, suggested no suspicion
Of glorious military achievements, and
the Captain, though rather Inclined I
DO commemorative TO his particular
iriondsi has evidently been TO modest
10 mention his own heroism. or to claim
the military distinction to which he IL
so well entitled. According TO an an
The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1880-08-01
tFro. Thursday. D.hy.,
RlnAGuuAA.

oalnAgunoL
AspeeiAi freight trIa fAsssd wesl q
1870 o'clock to-day.
A special train Of fourteen earn loaded
with cattle paved here going East late
last evening.
w. A. Jackson h rowing his family
into the resi lenes lately occupied by
George Scibert.
The Eurska papers state that Abe
Mooser rss 10 close out his business
finally in that place on Tassaay.
During the past two nights the frost
has niPped tn. tender vegetation In this
vicinity. The crop Of ssge H. NOT in.
jursd. hovstSn
E. II. BoSn.pn arrived here Tuesday
from Grantsvil!e, att ta.day started by
private conveythSs SaA Charlie, War
ner for TIscar IRA.
James T Elf starts for California
by Sun lay mornings train to bs abseat
two we ks. The principal objec. OF the
rip is to benefit his health.
j. L. Dickey wa1 brought here from
Russell K Bradley's camp twelve miles
above, on the river. yesterday, and died
at the hospital, to day. He was in the
employ of tho GNotc Arm aud was re.
Gently taken sick Al their camp.
Mrs. Z. Penrod and Mrs. II. ]. Hurt
who have been on u two weeks visit to
Island Mountain, returned here this
evening in a buggy with James Penrod.
The ladies are we'll brouzed from O.,
sure to sur aud wind, but Look remark
ably healthy.
The demand for men to assist in hay
ing, is very active just now in this part
OF the county, and the able.bodied
tourists tramping across the Continent
would do much better to strike out into
the valleys and obtain employment, than
to bum their way along the railroad.
Hon. @. IL. Shepherd and neice we're
id town. from Cotai Hill, yesterday.
George has almost fully recovered from
an attack If rheumatism with which he
was afflicted on his last visit here. He
Informs US that he has just completed
about seven miles Of wire fence enclos-
ing the by land on his place.
A letter received here by Major Miller
from JEFF Bradley. states that in a fight
over e game of cards at a place 30 miles
north Of Marsh Luke on Snake River,
in Idaho. a few days ago. Cass. Warren
shot and killed his adversary. Both
men had been drinking pretty freely.
The report is that Warreu's act was in
self defense. Warren is q young man,
smnll in stature and was we'll known
here while in the employ of Russell &
Bradley as a yaquero, about u year and
Il half ago. ..
A letter received from Recorder S.
NJ. Henley by his wife. last evening.
brings the cheering Intelligence That the
condition OF his eyes ia improving, he
how being able to write himself. He
somehow caught cold iu the affected
organs after they bad been operated
upon and was rapidly improving. nirA
his physician objected to his incurripg
the danger OF travelling. under the cir
cumstapces. Mr.. Henley has had a
long srIgo Of suffering with his eyes, but
II Is now hoped by lis many friends
that his complete recovery is not far
distant and that he will soon DO able to
resume his place among us.