davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1881-12-28

Snreoding fires such rs abouudcd last sum,
mer. often kindlc pcrpcxing claims for damages
The great confiagratons which oycrwhelm
counties do an injury too vast to he redTcsScd
by a lawsuit; but the lesser ones are frequently
brought before the courts. \ decision IN suit
Of this nature is lately reported from the Su-
prcmc Court of this State and the ruling VIII
be found instructive iii many parts ot the coun-
try where such claims are pending The
iudrcs SAY that negligence in the time and
manner of kindling fire, though on ones own
land, renders the person liable for injury done
by its spreading To the lands adjoining But
unless there is negligence the kinder is not
liable. That landowner has right to build u
fire on his land seems undcnabIe.
Nav not man do what he will with his own
Within limits he may. But there is an opposite
rule: Use your own property so as not to iniuro
your neglsbor. The right of the neighbOrhood
10 he secure against coniagratons somewhat
restricts the right of the individual to burn his
own rubbish. In tho ordinary case farmer
kindles a fire for the purpose OF burning dry
leaves scattered in his yard heaps OF brush Ill IL
cut down." stubbe in IL corn field, or the ike.
The weather in suitable at the time the neigh
borhood is dry perhaps but not extraordinarily
dry the things TO be burned do not lie partCu-
larly near the mans boundary line there is no
special indication Of danger. The fire is set.
But now the wind rises Unexpectedly, sparks
are carried over adjoining land, and fall upon
haystacks OF n thatchcd roof of which the per-
son setting the fire had no knowledge, and in
iury is done. The injured neighbUr expects to
gain damages because his property has been
burned The farmer refuses all payment be-
cause he was working on his own land. But
the courts will say: Negligence is the criterion.
The landowner had right to burn his brush
or rubbish, put only on the condition that he
chose a time and set about doing the task in q
way which ordinary farmers would deem safe.
This indeed may not be the law everywhere
but it is the "cOmmOn law that is, the law
which prevails where there is no statute to
give Iii fierent rule. Connecticut has (oI
| lately hadD n statute that every person who
shall set tire on any land that shall run on the
land of any other person shall pay all the
/ damages done by such fire. One or two other
! States may have passed like laws. The new
| Penal Code for this State says that person
who ncgligentiy sets fire to his own woods, etc.
is guilty of msdemcan0r.
What amounts to negligence? The story Of
! one fire was tnat farmer who was clearing
New-York tribune., 1881-12-28

Some dlscoverer Of mares nests shruGs his shoul-
ders and looks wise a floating newspaper para
graph to the effect that Shipherd. the president OF
the preposterous Peruvian Company" was once
correspondent Of THE TRIBUNE Nobody IN tins
office remembered him or knew anything about his
work. On examination, however, 1t turns out tha'
fifteen years ago. in 1866 he sent and was paid for
a letter from Chicago, and subsequently few
dispatches. The next year we accepted two letters
and his service TO THE TRIBUNE ended IN May,
1sGs. when he furnished three letters on the Meth
odist Episcopal Conference We are sorry If this led
him into his present ways and if we are held re-
sponsiblo for having contributed 80 largely to his
support, are perfectly willing to make all the atone
ment in our power. We will consent to receive
back every penny paid him and devote 1t to mis-
sion work in Chicago.
New-York tribune., 1881-12-28
PERSONAL.

Mr. Karl Marx, for many years the leading spirit
of the International. ls dying.
Miss McMichael, daughter of the late Morton Nc
Michael. is engaged to marry Mr.. Henry Hoyt
eldest son OF the Governor of Pennsylvania.
The Emperor William and the King of Saxony
went out hunting together the other dav, the
former killing thirty-nine deer and wild boars and
the latter thlrty-hye.
General George Macdonald, now over ninety
seven years old has the honor of being father" Of
the British Army. He is Colonel of the Bedford
shire Regiment, aud entered the army III September,
1905.
Governor Colquitt of Georgia, while in this city
lately had an interview with Mr.. Tlden, and tried
to induce that venerable gentleman to visit Atlanta
HIS eff ,rt was unsuccessful, and he says that Mr.
Tlden is feeble. and really unable to make the trip
Baron Schlozer will leave Washington for his new
post in Italy next week. NJ. Barthoomei, the
Russian Minister, is on the point of departure;
so are ex-SIinster Chin Ian Pin and the Japanese
Ambassador. YoshIda Myouari.
The house which Samuel Rogers occupied at Stoke
Newington is To be torn down soOn There are still
remaining the sunny garden stretching to the
south, he pane-troo under which the poet sat- and
those mushroom beds which he cultivated with such
care.
General Boulanger, the chief of the French military
delegation to this country, has written enthusi-
astlc letter. in which he thanks the representatives
of the Government of Louisiana and the adminislra-
ton OF the city of New-Orlcans, the French colony
aud the American population for their cordial and
sympathetic reception.
Princess Louise is uncertain as to whether she
shall rcjolu her husband in Canada next year The
Marquis will next week take her to the nth oI
France. where she will remain somc time for tn
benefit of her health After seeing the Princess sat-
New-York tribune., 1881-12-28
coppUpT CO\SpJRACJES.

The Postmaster General and the officials who
have in hand the prosecution of the Star Route
cases doubtless do not exaggerate the difficult
ties of convicting the guilty men, as set forth
in our Washington correspondence The rogues
are closely banded together for their defence
as they once were for purposes of spOiatlon.
They have their enormous plumber with which
20 engage the best legal talent to devise
Guibbles and discover or manufacture
loopholes of escape. The community IN
which they are to be tried doubtless is
composed of many guilty sympathzers
with them and others who have innOcently
profited by their liberality and prohigacy in
the expenditure of their stolen wealth But II
these facts make the prosecutors despair OF
final success, they are ignorant of human ma
ture, and their memory of recent conspIracies
more extensive and successful prosecutions OF
richer and boldcr public pundercrs isdefcctiye.
There never WAS a body of cOnsprators
which was not composed Of men suspicious of
each other They band together and hold to-
gethcr 20 long as the conspiracy succeeds, and,
if discovered, so long ~ the defence looks
hopeful But suspicion is ever alive, and when
thcy ARE closely pressed some one who thinks
suspects he Is to he sacrificed by the others,
turns traitor. The "Twced Ring" had two
such men-Garvey ard Connolly-and it was
these who gave the evidence which finally
convicted and broke up the couspirators one
a ter another Not even they escaped punish
ment, for Connolly died miserably in exile, and
Garvcy, living in absolute isolation and ostrn-
cism in the city he robbed, daily wishes that
he might have died
Nor is il true that any community however
corrupt, or lawyers however skilinl, can save
the guilty. Public opinion is sure IN the end
to defeat bribery of jury in Il case of public
magnitude, and the Government can command AS
able service as its robbers can brbe Money is not
always available, however plentiful. How
do YOU account for your defeat ~ was asked
of William NJ Tweed the day after the COM
plete overthrow of his party in 1871. " My
SON. was the old mans half cynical, half
humorous reply, there's some elections IN
which YOU can't use money at ALL And ia'er
on he found that money was sometimes
equally useless in defeating justice With the
and of the machinery of the Commissioner OF
Jurors office he could not secure even one
Juror favorable 10 him, though thousand were
summoned. At the time the Jury which
convicted him were out delibeatlng upon
his case Tweed WAS confident that
the Jurors were bribed III his interest.
He had been told 10, had furnished the
money for the purpose, and had expressed his
confidence of acqnittal.
II is idle for corruption TO attempt to con-
tend against itself and against public opinion.
While the one il sure tO concentrate against
public pundcrcrs, the conspirators are as Ger
tain 10 turn upon and rend each other. Ii is
the inevitable end of all corrupt cOnspiracles,
and has been from the beginning of time.
New-York tribune., 1881-12-28

swamp land fired the brush-heaps oD dry'
still day, and they smouldered through threo
very dry days, at the end OF which hign
wind arose which bore sparks across wet lana
to neighboring farm. The judges said mere
was no negligence; the man could not foresee
the three days drouth and the the high WIND.
At another fire the man who ordered 1t klndled
went away when he supposed it was dying OUT,
without leaving any person TO watcn IL; ouI
the wind rose and it revived and spread. Ibe
udges said his going away was not negligence,
unless the weather or the fire were such that
prudent man might have known it was needful
to stay. In old slavery days in North Carolina
the slaves who were clearing ground for
planter set fire to a heap of logs which stood
only five feet from pine fence, and there was
dead pine tree and parcel OF dry ruOOish
between heap and fence. The fire spread,
naturally enough to the fence, and ran along
that. and burned neighbOr's buildings. This
was pronounced a case of negligence. But,
after all. these cases are decided much as juries
happen to feel there is no clear rule.
Many fires are set by sparks from locomo-
tives. In dry summers every railroad traveller
sees from the car windows little smoking spots
in the grass by the track side. Let the grass
be little denser and little dryer, and this fire
will spread wildly. What the courts say as to
these cases is substantially this that the COM
Danies must be allowed to run their trains; but
that they must use as high care not to set hres
on adjoining lads as prudent man would 90
if he owned the land or property exposed as
well as the railroad "Put yourself In his
place is the rule for one owning railroad, IN
respect to allowing sparks to fly. Equipping
the engine with sspark arresters" will often
prevent disaster Now a railroad company is
not required to be always ready to buy every
new invention of this kind, in hope that II may
prove better than its predecessors. But 1t Is
bound to have good spark arresterS III use
whenever prudence would dictate employing
them. Whose prudence2 The prudence OF
the man whose property is likely to take lire.
Whenever a question of this nature arises III
court, the Judge does not express an opinion
himself but summons a jury OF practical men
of the neighborhood, and puts the question 10
them somewhat thus If you think that DIS
Greet man owning the farm so that he ran the
risk of the fire, and also owning the road so
that the cost Of the arresters would come out OF
his pocket, would have bought them and put
them on the engines, then the company was
bound to do so, and must pay damages for the
fire. Upon the same principle it may become
duty, in very dry season, to send watchmeh
along the track. The company must take
whatever precautions they would take II the
fields and farms were their own. In many
States laws have been passed declaring quite
specifically what precautions must be adopted
New-York tribune., 1881-12-28
amusemenls Co. Might.

kpBEYs PARK THEATRE-" Motherdnn-Ls,ww.
y loT OPERA HoUsK-2 and s. OlNetVo'
iooTu,s TuR ATRE-" Two Orphans. - ,,o,-,,.p,
~ rHRATRR-2 and 80 The PassinR Instetrii.
pALh 1 ~ tt,hN FTFrH AyEyUE rHEATKE-" Canine.
nVSSiY,s NBLo's GARDEN -" lie voyage en- =, Kit the
UIVErIy'. l4TH -TRRET IHEAIhE-- HiN
Arkansas Traveller" ,.rs,,e-a,daY
u ,1lt.uN 1,AKl acknowledgements
NEW THEATRE ConlQCt- i"0 ~
stS FRASCIsCo MSsTRELS:
% ssS'xnaen TaEATRE-" ratience 80, o nta Ma.
TEGIIA THEAIRE-2-" Max anu hoi''~
cote" ,,
THE AslNcI TT.s.TRr-"The Lights o. London"
Apr AssOCI ALTON HALL Brookynl-Lfeiure'
A 'rRICAN AKT GALE Y--tAhoitioh
IrVNFtt's ltUsEU4--Dr Lynn ,,,,, toso,,e~
H,snyIc TENrI.E-" Red Riding H00ds hesou@
svSwY uALL,-COnCert.
New-York tribune., 1881-12-28
LIVELY GOSSIP ABOUT MIR. CoNKLING.

"Ga1sS' Hs,O- York DfspGeh to ne CtnesnaH h"qupn
There is a rather sensational rumor about
that Con kng is to be Tor Governor OF new iOrS
next year II seems 10 be started IN corners where
iscf is me only principle That IL TO say, IL is iIs
spred neither by liking for Conkng nor kng for either
political party, but as SUGGESTION OF tantahaton per
II IA true tnat Tanmany Hall again dscontented with
the STATE organization and might make an arrangem@sne rene
vi vas elected IL also charged that the old trade
between Kelly and Conkhng Is ON again On tne otnes
nos aectionate for COnklng Yet, put these machina
tions together aud what Will they amount 70 compared
norty of man who had everything he asked and COM
nted suicide because he could not appropriate his
want etc III COnking we're nOminated by the hepuslt
o,,u Regulars and backed by the Administration, llo
hnne wOud be that the Democrats could Do lnduoed 70
make a mean nomination aud be threatened with peas
New-York tribune., 1881-12-28
FACTS FOR THE PRESIDENT TO CONSIDER.
from Hdrpa's Weekly (Rep.)

The President we believe To be saglcl0B
politician He must therefore feel instnctiyey the force
OF the various currents OF feeling He must know that
II the party sentiment Chicago and In the country
which rejected General Grant and selected General Gar
field as the candidate is be prescribed, he courts
catastrophe. He must that the spirit which gave
Mr.. Wolfe $4,000 votes In Pennsylvania. and which. 10
spi.e the Stawart hostility in NewYork and by force
OF feeling, not of organization the victory In that
Saehe spirit which put aside General Tracy In Brook
yn and elected Mr. Low, and which, 0Dov5 all, IN Eric
County deliberately routed the machine and It's lead:
ers repudang their caucus aud their eand tates, and
serving notice upon them that long TIA r caucus
was false and their candidates not the honestly
designated candidates the party long they and ther
candidates. should be eds a spirit which
alert and vigorous thnn ana which the President
should neither despise nor defy.
New-York tribune., 1881-12-28
yu,e, 10 ,opernse nsnl5.

11xrsEwgNI>-3d F0gs- 9th courun.
a.SouNCENEN1-- Sh Ig9c-6th c"ilnh -., oo, q,
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AscINg A. tADEMIE~- 81 fI0e- 81 cul, ~, ,,,,,s
DTytGE>!. NOIICK~-7h f0Je-ot' ana ON ''''''"'''
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iS.trT,.rioN-3d Pa yf- ID and 81 columns
IFcTUBES AND dEgTINGs-3d Idqc-Dth t"li'uh
MARRIAGES AND DEATHs-1H Fdye-o'h cOI''i'N-
M NsDlCAl--3d PdQe-6tb cOlumn
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bIscEILANEoUs- sm Page-6th column.
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k,t,t. ,DTIcE--5u, IGge-6th column 49,, 1890 ,,t
61EA AMHoATS ANR RAILROADS" f"Ve IL" AZ"
columns. a.
New-York tribune., 1881-12-28
JUDGE CoX'S LOAD OF SHAME.

There are singular halucinations. Here is
the murderer OF President Garlic d-usng his place
while trial pedestal for the qualification OF MS
vanity anda forum for the proclamation OF hls black
guard there terrible threat that he shall
be put In the criminals dock The threat not eXecut
ell, however. The oudmouthed, leering, Rrnnlng,
bloody, CHASTITY scoundre is stuffed with Christmas din
ne and breakfasts per day, aud body guard,
and each day sOcaed trial ia proracted there are
chances that the machinery OF the inbeolo Court VII
fall IN pieces through the sickness OF uryman Is tas
She way to discourage vicious dead beats from
the CHEST aud best OF the Nation ia the oacS os
the sake Of celebrity, with the accOmpanmehls VI t
sympathy OF FOOLS applications for autographs, anu sS
atlenIions OF the photographer and photographerf
New-York tribune., 1881-12-28
PUBLIC OPINION.

We are not very sanguine about the cOnvic-
ton and punishment Of the Star Route swindlers-Bos
ton Herald (Indl
The Republican party now controls all de-
partments Of the Government, and whatever improper
legislation is effected the Republicans will be held 40
cOuntable fOrit.-(Phuadelphia Inquirer (Rep)
Perhaps if Guteau would take Judge Cox
down and wipe his feet him the Judge might resent
it, But we don't know. The Judge seems TO be al easy
and mild hammered man.--lCleycland Herald.
New-York tribune., 1881-12-28

The Johnston Davis controversy seems to have
been dropped by mutual consent and we suppose it
is understood that both parties 20 1t remain the
soul of honor" The question of who got those
fifteen wagon-load of specie is still unanswered,
however and will probably remain so until General
Johnston allows himself TO become CONFIDENTIAL
again with another man whom he does not suspect
of being an interviewer.
New-York tribune., 1881-12-28
WEDNESDAY, DECEMBER %, 1881
The NEWS THIS MORNING.

FopFIGN-Au the insurgent Tunisian tribes eX-
cent one are said to be subdued. - The CItN ana
County OEDublin and nine other counties nave oeeh
placed under the Arms Act. 60 Japan desires 10
remodel her commercial relations with Amer d anu
Europe - The captain OF a vessel whch mas ar
r,yed at Brest believes that large sic nner whch
he saw on December 20 sunk in squalL - lhe
Catalonias passengers are to sail for New-1orA Oh
Saturday ,
DoMEsTIc-Dr. A. f. Macdonald OF New-lorK,
was the only witness examined in the Guiteau 'rlal
Yesterday; his testimony was very damaging 10 tue
defence; Guiteau has prepared Christmas greeting
TO the American people, - III" contested eIec-
tiou cases before the House have been assigned to
three subcommittee - Representative Whit
tborne of Tennessee continues to oppose an Inter-
oceanic canal. - Mr.. Mullett again asks to lie
srnployed by the Secretary of the Treasury. -
Judse William G. Russell has been appOin ed Cme'
Justice If the Massachusetts, Supreme Court. -
The Robinson jewelry factory at Attleboro, Mass
was desi siroyed by fire. - Two men were kIileu
nv n boiler explosion at Oswego, n. Y. - Nine
teen lives were lost Monday by an explosion on the
steamer West Point at West Point, Va. - lie
closing exercises of the Atlanta Exposition Will take
place ON SATURDAY. 80 Charles &. Myers, ex-At-
torDev General of New-York died yesterday.
CITY AND SUBURBAN.-The committee having
the Bartholdi statue in charge issued an address 10
the people yesterday. - The ltahah VINO lnui-
dered fellow convict in the Sing Sing Prison was
mt on trial at White Plains. 80 The steamer
Markham became aground off BlackwelPs Island.
w. C.. Whitney was examined by the commit
tee investigating the Dock Department. - The
ball of the Family Circle Dancing Glass took place
mt Delmonco's - Gold value of the legai-lel-
der silver dollar (4.12l2 grans) $3.50 cents -
Stocks, after opening active and weak, were dull
and stronger, and closed steady.
THE WEATHER. TRIBUNE local observations IN
dicate cloudy and rainy weather followed by
clearing and partly cloudy weather. with slight
changes in temperature Thermometer yesterday
Highest, $50; lowest, 450 average, 5lS4'
New-York tribune., 1881-12-28

The unusual silence of Mr. Hendricks should not
fail TO be noticed. He has not been heard from for
three months ut least The last time he appeared
he was astrde of the Free Trade Issue-or rathe- he
appeared astrde of it, but was thrown with consld-
erable damage before he was allowed to disappear.
Since then he has kept quiet and we have no doubt
he s nedIta ing some striking development of states
manship with which he will soon burst again into
the public eye
New-York tribune., 1881-12-28

There is trouble among the Stalwarts of Illinois
because Senator Logan is allowed by the President
10 distribute the patronage of Tho stats. There
IL like trouble in "onusy lyauld because similar
power is bestowed upon Senator Cameron.
New-York tribune., 1881-12-28
Judge Cox has made an international reputation
at the expense of his country.

Judge Cox has made an international reputation
at tho expense of his country.
Mr.. Tilden is evidently in the field for 1854. He
would not have "cTammed" all that information
about the upward curve" for anything less than
a denomination.
We are sorry to see the Free Trade discussion
laugush ~ it does. Mr. WattersOn seems TO have
lost his grip on it entirely, and nobody else takes
hold with any vigor. Beck keeps on talking. but
Bcck's talk long ago ceased to attract the most
serious attention. Seymours allegiance has eX-
cited no comment among the Democrats. and in
Cart tIs whole movement IL as flat as one of $. ;.
CoX's iokes Perhaps there will be n revival after
the holidays Let us hope so, at any rate, for the
issuc is a line one and can be depended upon to do
the Democracy more damage than any other.
New-York tribune., 1881-12-28

Guiteau continued to Insult witnesses yesterday.
and Judge Cox maniuly refraIned from acting
hastily III checking HIM.
New-York tribune., 1881-12-28

tied there he returns to England, and on Janu-
ary 10 will sail for Canada.
New-York tribune., 1881-12-28

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New-York tribune., 1881-12-28

aem'2lorIs Daily Grlbune.
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