davidaulloa/AmericanStories huggingface dataset:
The Evening critic., 1882-02-23
LAW OF LIBEL
As EXpOuniled by the COurt-Laccy
and Bruce Convicted.

The case of Samuel S. Lacey and John L.
Bruce, editors of the Washington Sunday
Htn,, indicted for publishing a malicious
libel on Drs. i. p. Howland and Samuel T.
Mason, dentists, was concluded in the
Criminal Court this morning. Assistant
District Attorney Taggart for the Govern
ment and Mr. Charles Pelham, in behalf of
the defendants, argued the case very thor
oughly. The Judge, in his instructions to
the jury, held that libel was a malicious
defamation in printing or writing, tending
to blacken the character of a person living
and expose that person to public hatred
and contempt. To prove malice the
Government was not compelled to
show the existence of any grudge or i'll
will on the part of the defendants. Under
the statute on this subject even the utter
ance of truth would not be a defense, as
criminal prosecution was based upon sup
posed provocation to breach of the peace.
Prior to the enacting of the statute the
presumption of malice could be rebutted
by evidence tending to show the truth
of the publication that it was
made with good motives and to protect the
public from imposition. 1t was requisite
that the defendants show the publication
to be true and not that they merely believe
it to be SO. Belief was only ground for
mitigation ofdamages in Circuit Court cases.
The question of mitigation in criminal
cases was only for the court as affecting its
judgment. The absolute truth of the pub
lication must be shown, as if only partial
truth is proven there is q failure to justify
the publication. The article complained of
was libellous on its face. The publication
was admitted, and if not justified by show
ing its entire truth then there must be a
verdict for the Government, but if the
truth be shown then the verdict must be
for the defendants. The jury were absent
about ten minutes and returned verdict
ofguilty as indicted.
Mr.. Pelham said that while the jury was
| out one of their number had returned to
| the court room.
The Judge replied that he knew all
about it. He came to get the paper in
which the article was published, but the
| Court declined to grant the application. He
| did not see what difference it made of the
| juror coming in.
Mr.. Pelham gave notice Of a motion for a
new trial and said that this act would be
one of the grounds.
The Evening critic., 1882-02-23
LEARY, THE MoNTE-MAN.
An Effort 20 Have His Trial Post
poued.


Charles Leary, the monte-man, was
called for trial in the Criminal Court to
day to answer the indictment recently
found against him.
Mr.. a. b. Williams asked a continuance
on the ground Of not being ready to pro
coed.
District-Attomey Corkhill objected to a
postponement under any circumstances.
This man and others of tho same calling,
he said, had piled their nefarious business,
and IL had grown to such an extent that
probably 100000 had been stolen in this
way. 1t was hard to prosecute these cases,
because of the difficulty to secure the wit
nesses, and he had been told, upon very
good authority, that only to-day $1,000 had
been offered the chief witness to leave the
city. He must insist upon q prompt trial.
Mr.. Williams said that in regard to the
$4,000 business, the District Attorney in
formant was wrong. He only asked for
postponement until the 9th of March, and
he was unable to proceed until that time.
He did not think the time asked for was
unreasonable, and there was cause sufli-
cient why it should be granted. The in
formation of the District Attorney came
from very tainted source; the party was
an indicted burglar and confessed thief,
and had served a term in the Philadelphia
penitentiary and there was another who
had rendered the State some service in the
Baltimore penitentiary. 1t was the testi-
mony of this sort of people that he wanted
time to expose, and it would not take
longer than a week for that purpose.
The District Attorney said that he
pressed this case because it was represen-
tative one This man Leary represented a
class of thieves who had been preying upon
this community for years. Mr.. Boone was
robbed and said nothing about it, aud it
was only when one of this mans pals was
caught in another scrape that he gave his
companions in this offense away. What,
ever the prosecuting witness character
might be alleged he would admit, but it
was nevertheless true that he was an asso-
ciate of Leary's. and nothing more could be
said of him. This species of gambling had
got to be stopped, and the Government in
tended to do it.
His Honor fixed the case for hearing
professionally, next Wednesday.
Mr.. Williams said that he could not
promise to be ready at that time.
Mr.. Corkhill insisted on the matter
being settled then and there. He wanted
no doubts on the subject.
Mr.. Williams said that the if pressure was
| to be put on then other counsel must come
| into the case.
| "Then let the man be brought out Of the
| dock" said Mr.. Corkhill, and counsel
assigned him."
| His Honor said that he would fix Wednes-
| day, and, when the time came, if there was
| any good reason for postponing further it
| should be done.
The Evening critic., 1882-02-23
Col. Alexander Loses His Suit.

In June last Col. G. NJ. Alexander entered
suit against Postmaster ID. B. Anger in his
individual capacity to recover $43 alleged
to have been lost through the neglect of one
of his employees in the registered letter
office, who gave it to Col. Alexander's
messenger boy without written authority.
The case came before Justice Helmcck, and
Judgment was given for the plaintiff. An
appeal was taken and heard before Justice
Macarthur this morning. The point in
volved was whether or not the postmaster,
in his individual capacity, could be held
liable for the neglect of clerk in his Office.
Col. J. P. Jackson appeared for the plain
tiff and Mr.. A. A. Lipscomb for the de-
fendant.
His Honor held that the postmaster was
only liable for his own negligence. The
person who delivered the letter at the post
office was as much an officer of the Govern
ment as the postmaster or his deputy. If
negligence had been committed at all the
person entrusted with the delivery of the
registed letters was responsible for it, and
most of tho authorities cited by the coun-
sci for the plaintiff would sustain that view
of the case. He should be compelled to give
Judgment for the defendant.
The Evening critic., 1882-02-23
WEST WASHINGTON.

ions II. DAVIDSON is the agent for THE Cniric
promptly Mt an carly hour al S5 cents per month
subscriptions and items for publication can he
store, 1850 Thirty-second street q. b.. Lockbarts
drug store, corner Thirty-sccOn1 and q SWEETS,
q. W, Cropley drug store, so57 NJ street r. b,
Braces drug store, 30O1 NJ street, No. 1925 mir
tieth street
The Dashaway Reform Club held their
weekly meeting last night instead Of on
Monday night (their regular night, which
was interferred with by their concert.
There was large attendance, which was
entertained very pleasantly by addresses
from Messrs. Craig, McGowan and Ball.
The people of West Georgetown VI. L.
Church are looking forward to next
Wednesday evening with anticipations of
great pleasure, having been promised by
DR.. ]. Mex. Riley that he will deliver on
that evening his great lecture, " Tho Uni
versal Yankee Nation" said by those who
have had the pleasure of hearing it TO be
most masterly effort.
Advices from up the canal report the
water quietly subsiding, without having
done any damage to the canal.
The funeral of Mrs. James A. Magruder,
which took place yesterday afternoon, was
attended by a large concourse of friends,
who appeared TO feel deeply the sadness of
the occasion. The burial service of the
Episcopal Church was read by Rev. A. II.
Stuart in an impressive and solemn man
ner. Messrs. j. De Mcpherson, G. NJ. Mat
thews, II. ID. Cooke, T.. ID. Hartley, John
Patton and William A. Gordon acted as
pall.bearers, and the remains were inferred
in Oak Hill Cemetery.
Arrivals at West End Hotel Clinton +.
Butcher, Licksville, Md; II. l.. Dinon,
Rockville, Nd; Joseph NJ. Ford, New York.
The Evening critic., 1882-02-23

The annual convention of the AmericaL In
stiiute OF Mining Engineers began I'm this city
Tuesday evening. Gen. sherman, on be-
half OF the regents OF the Smithsonian Inslitu-
tion, delivered the opening address, and was
followed by Major j. w. Powell, who made an
address OF welcome. Al the close OF the eXer-
cises the members of the Institute were re-
ceiyed by Major and Mrs. Powell at their
house on NJ street.
A second meeting was held yesterday morn
ing. Papers We're read by II. 4. LOiseau, Of
Philadelphia, upon the process for making
artificial fuel from anthracite and bituminous
coal dust, and the applicability OF the process
TO the utilization and solldlncatlon OF the
Stacking lignites Of the West: W. H. Adams,
dolph, OF New Nork, upon the new mill for the
Batopilas Mining Company, OF which A. r..
shepherd is general superintendent Henry
and positive blowers, and q. Henry Roney, of
Philadelphia, upon.a new ore pulyerlzer.
The Evening critic., 1882-02-23
District in Congress.

The House District Committee devoted to
days session 20 the consideration of private
claims. The session was OF no special import.
ancc. 1--WE do not intend TO take up matters
OF consequence" said Chairman Neal TO THE
CRITIC "unti1 we lind out whether the Com
mittee ON Rules will agree to recommend spec
ial days for District legislation. There was
positively nothing of Importance acted on at
the meeting Of the committee to-day
The House Committee on Rules was expected
10 take up the question OF fixing days for
District Legislation at their meeting to-day,
but they did not. Indeed, the meeting was
merely informal, and the only reference to
the peculiar position Of the District was n
casual remark of one of the members TO the
speaker, that District people were complain
ing Of the indisposition on the part Of the
House TO recognize their interests. The
Speaker replied that his attention had been
called 10 the matter, and he regretted that
matters We're in such a position. He hoped
that the committee would speedily take some
step 10 remedy the evil. 1t is understood that
the committee will act llpally at their next
regular meeting.
Clark Mills, the sculptor, had hearing this
morning before the House Committee on Pat
ents, IN advocacy of the pending bill to extend
his patent for taking casts of the features of
living persons. MI. Mills explained the merits
of his bill with the aid of plaster busts of
Guiteau, Calhoun and Webster. No action was
taken.
The Evening critic., 1882-02-23
THE COURTS.

CIRCUIT CoURT-Justice Macarthur
Stewart VS.. Elliott; motion for a new trial
filed. Dobson VS.. DUNCAN; Judgment for
want of affidavit Ragge VS.. Koch VS.. Dun
gan; same action. Clark Bros. VS.. DUNCAN;
same action. Keyser VS.. Hitz; referred to
James G. Payne. Alexander VS.. Anger
Judgment for defendant. Gait, Bro. & Co.
VS.. Neale; order of publication.
EouIrY CouRT-Justice Wylie.-Hayden
vs. johnson; sale ordered and NJ. +. Morris
appointed trustee to sell. Jones VS.. Jones;
sale ratified and reference to auditor.
Wiley VS.. Jones; William B. Jones ap-
pointed guardian ad litem to Emily B.
Jones. Homan VS.. Cutter; commission to
get answer of infant defendants ordered to
issue and appearance of absent defendants
ordered. Fullonton VS.. Fullonton; divorce
granted, with alimony at $25 per month.
Kloczewski VS.. Kloczewski; time for re-
turn of rule set for March 2, 1882. Redfeld
VS.. Redfield; Charles r. Hyde appointed
guardian ad litem. Brummell VS.. Holy
Cross Church; bill dismissed with costs
Cousins VS.. Strasburgei; correction Of tile
of firm of Kelley & Moore allowed.
The Evening critic., 1882-02-23
SOCIETY.
what is Going on i'm the Social
NnrII-


If the public will not betray me, will
tell it, in deep confidence; what ! saw at
the convent in Georgetown Shrovc Tues
day night. Being smuggled in at o'clock,
] took my place at n window in the library
hall, and looked down into the Odeon-
bare floors and stained glass windows,
empty chairs and mute pianos and harps
were all saw but rustic of dresses and
voices swept up to me, the music sounded,
and into the room, two and two, came
procession of the prettiest girls and pret-
tiest costumes have seen for long time.
There were the two inseparablc friends
Miss - and Miss --, as the twin
sisters OF Oflenbach (Girohc and Girona)
little Ray Smith, the pet and play
thing of the convent, as the old
woman who went so high to sweep the cob.
webs ont Of the sky. But l forgot. must
not give names, only characters. There
were Virginius and Virginia, Parthenia,
Patience, Buttercup, Lady Jane, Cesar and
Brutus before that little scene
"M the foot of great Pompey's statuc;"
twenty lovc-sick maidens," with mando.
Inns, zithers, guitars and sunfowers ad lib
itum; Mary Stuart and Elizabeth, Valerius
the soldier.spouse of st. Cecilia; Joan of
Arc, with her white banner and steel pan
oply; the Old Woman who lived in her
shoe, the $50 many children" being the
the spirit of the part, and frolicked
and pranced in most natural
msnner; Charlotte Corday, the Bohemian
Girl, and no end of Spanish girls, German
peasants, and even one or two Topseys.
There were three pieces of music, two vio-
Inns and piano, and the girls danced with
zest until 10 o'clock, when a supper was
served, one-half of which was the Lady
Abbess Mardi Gras gift to her pupils, and
tho ,ost xvoc furptcbod bv tho Mn nj lie than.
selves.
Miss Amy Nordhof' givesa lunch this
afternoon to about thirty of her young
friends.
Major and Mrs. Throckmorton are visit
ing their mother at her home on Capitol
Hill. The Major is one of the Board in
the Mason trial, and will not, of course, re-
turn to Fort Preble Me-, until its close.
The Hon. Alexander Shepherd will spend
several weeks here this spring. He will
arrive about the last Of March.
Mrs. and the Misses Frelinghuysen did
| not receive yesterday, but observed it with
the respect due Ash Wednesday.
Mr.. Willetts, one of Chicago's most prom.
| Using young lawyers, is visiting his father,
| the Hon. Mr.. Wiletts, at his home in the
| East End.
A little incident that happened in
Senator Sawyer's family short while ago
having got into print, there will be no
| abuse of confidence in telling it as / heard
it: The Senator is very practical man
and has an affectionate and admiring
memory of his mother, who was perfect
housewife; afraid that the life in Washing
ton would reduce his daughters to mere
society girls, he asked them, as personal
favor, to learn to cook and make their own
| gowns. Love gave them patience, and
patience brought them skill, and before
long they gave dinner to party oi
friends all the courses of which they had
prepared themselves and at which they
presided in gowns of their own making.
The Evening critic., 1882-02-23
An Ohio Opinion Of star.routes.

Mr.. L. d. Mussey, private secretaryof Gov.
Charles Foster, Of Ohio, has recently returned
from n trip into New Mexico. While at Santa
Fe n reporter of the Democrat, intent on knowl-
edge, interviewed him on many subjects;
among others on Starroutes. The scribe
asked:
''Do you think the Government is really in
earnest about prosecuting the Starrouters,
and is it likely any Of them will be convictedY
To which Mr.. Mussey replied: "You are as
wise on this subject as am. Gen. Brady said
courses open for the Postofllce Department.
vice, TO cut off distant regions difficult
of access, 10 leave people in such
localities without mail facilities and TO expend
as little money as possible. The other is to
proceed upon the broad ground that an Ameri-
can citizen, wherever lie may be in the Union,
is entitled 10 receive the benefits of the post
Office; that the poor miner away back I'm the
mountains Is as much entitled TO receive his
letters from his loved ones at home, as the
merchant in the thriving city Is TO receive
his business letters, and they should pe
delivered TO him, no matter at what trouble OF
expense. This was the course took and the
principle acted upon. Whether IL is errone
Gus or eNtravagant, or not, depends upon how
you look at It,
81 give you this merely as what Mr.. Brady
says i'll defense Of his management. There
have undoubtedly been frauds in the service
While human nature Is what IL Is, 1t would
seem hardly probable that no fraud would
creep into such a vast and varied service a'
the Star-routes."
The Evening critic., 1882-02-23
Verdict OF the Jury On the Chester
ExDIOsiOn.

The jury investigating the explosion at Ches-
ter, Pa, brought IN verdict yesterday. 1t
charges that there were from 60 TO 100 pounds
Of gunpowder and other explosive material In
a fire-proof safe adjoining Prof Jackson's
factory, and that the storing Of such quan-
tity Of powder was a violation Of a city ordi-
nance. The city authorities are censured for
permitting so dangerous n business TO be car
rIed on within the corporation limits. The
jury also recommend that Prof. jackson and
Charles Van Horn be held for the Grand Jury
Prof. Jacksons onense being the carrying Oh
of most dangerous business in the midst OF
n crowded population, and Van Horns the
making Of an untruthful statement as 10 there
being no explosives In the building, which
deceived the hremen and led TO fatal results
Jackson and Van Horn will be arrested lmmc
diately. The next term of the Delaware
County Court will begin at Media ON the first
Monday in March.
The Evening critic., 1882-02-23
The Death Roll.

GEN. JAMES NJ. CoALE, one of the most
prominent citizens OF Frederick County, Nd,
died at his residence In Liberty yesterday,
aged rs.
Mr.. STEPHEN BRoADBENT, a prominent
citizen OF Baltimore, was killed by a train on
the Northern Central Railroad, near Balti-
more yesterday.
NJ. RoUzAUD, Nine. Nilsson's husband,
who became insane during the excitement at
tending the late financial crisis, died in Paris
yesterday in the lunatic asylum In which he
had been placed.
MACK SHIP, aged 90 years, died in Rich
mond, Va, yesterday. He was a native oe
Lunenburg County. He served during the
whole OF the war of 1912, and was pensioner
of the United States Government for many
years.
CAPT. WINBURN A. SANBoRN died at
Fernandina, Fla, on Tuesday night, aged
about II years. He commanded the first
steamboat on Lake Winnepesaukee, n. H..
and had command of the Lady of the Lake for
many years. He was widely known to the
travelling public.
The Evening critic., 1882-02-23
DR.. TacIlnnyufis.

Dr. Tachmyntis, the Greek physician who
was arrested by Detectives Powers and Rail,
OF Brooklyn, on Monday evening, on the charge
Of malicious annoyance In sending letters to
DR.. W. ii. Dudley, Of the Long Island College
Hospital, Brooklyn, requesting n position In
that institution, was arraigned before Justice
Walsh Tuesday morning. When asked by the
Justice how he pleaded, the accused pro-
ceeded to mako an elaborate statement
think that his standing as a physician
had been Questioned In some manner,
and that his arrest was the result thereof.
He had eaten nothing since the previous after
noon, lie said, and was very sick and restless
during the night at the station-house. Justice
Walsh said that under the circumstances he
would not press him 10 plead, but adjourn the
case until Thursday morning. DR.. Tachmyn-
It's was then taken to the Raymond-street jail.
EpistOlary Crank ism.
The following Is copy of the letter sent 10
Dudley, President Of the Collegiate Depart
ment Of the Long Island College Hospital,
Brooklyn, No. 30l Henry street. URGENTLY"
"cITISsIME, ".
Hon. Dr. W. H. Dudley, President of the Col
leglatc Department Of the Long Island Col
lege Hospital:
"DEAR SIR l have seen the Dean, DR..
Armor, who said to me that you only have to
YOU 10 honor me with reply 10 my petition
III there Is vacancy or not-and II there could
be created some posltionO OF January 10, 1852.
81 am a citizen OF the Republic of the U. So,
and as citizen demand, Hon. Sir, written
Reply; you are the authority or the council OF
the Long Island College Hospital and you are
obliged by the Law Here is Inserted
a Greek quotation 10 reply me imme-
diately; II you Will do 10 the contrary
you VIII soon abide the consequences OF
the law. You know that Ippocratis (Hip.
pocratesl said that physician is equal
10 God, that physician must move his own
brain, he must be not governed by the brain
| OF some political authority. (The political
| authority is inferior 10 GodilD a republic
the citizens Install every authority or the Gov
eminent, In consequence the citizens are
superior 10 every authority.
| "A physician must be very moral man
very Independent man, and no authority shall
exercise some influence upon himill
| 'Only the Law is superior to both citizens
| and authoritylll ~ ~ ~
Wherefore, I'm the name of the Law, re
| quest a Reply under address
"DR. TAcHMYNTIs,
| "poste restante
sin New York.
~ am, respectfully,
"YOur c0mpairlot
- and brother,
"DRs TACHMyNrIs.
| New York, February III, 1882"
The Evening critic., 1882-02-23

WHEN men, women, aud children re.
ceiye extensive benefit from any special
means OF source We do not wonder that it
stands foremost in their opinion as an ever
present subject for unstinted praise. w.
II. Woodward, a well-known and respected
citizen of New Haven, Conn, residing at
No. % Audubon street, testifes to the heal
ing power Of the St. Jacobs Oil MrWood-
ward says he took cold some time ago. 1t
settled in his left shoulder and neck in the
form of very severe attack of muscular
rheumatism He suffered a great deal
from it, and is not particularly desirous of
receiving another such visit. Having
heard much about the Great German
Remedy, he bought a bottle and gave his
neck and shoulder good rubbing with it.
The night he made the application he could
scarcely move his head because Of the ex-
treme pain and soreness. The next day all
the trouble had disappeared,
The Evening critic., 1882-02-23
CiviI.servicc Reform i'm Canada.

The Canadian Parliament is agitating
reform of the civil service. The Montreal
Gazette says: "The reform most urgently
demanded is that of the modification of the
political aspect of appointments, and IT is
the recognition Of the necessity for this
reform that has brought the system Of
competitive examinations into the favor
wbiclieit enjoys. Members of Parliament
will eagerly embrace any scheme which
promises to relieve them from the difficult
and disagreeable duty, of attempting to
satisfy the demands ofitnportunate office
seekers, and place the. responsibility for
appointments upon disinterested and i'm
partial tribunal" 4.
The Evening critic., 1882-02-23
brotherhood of Carpemtcrs.

The Brotherhood of Carpenters, through
master builders at the Knights of Pythias
Hall, Thirteenth "a half and E streets,
last night. Liberal discussion was in
dulged in, the best feeling prevailed, and
the bosses conceded the advance asked by
the journeymcn as just. They will also
advise their men who are not members to
connect themselves with the brotherhood as
the best means of advancing the interest of
the trade. At the suggestion of the bosses
the meeting adjourned to meet at the same
place next Wednesday night, and notice
will be published in Saturdays and Tues.
DAVIS papers.