davidaulloa/AmericanStories huggingface dataset:
Weekly graphic. [volume] (Kirksville, Adair Co., Missouri) 1880-1949, 1884-09-12
ORDER OF PUBLICATION.
STATE OF Missouri, c c
County of Adair,

In the circuit cou-t of Adalr county, to the octo
Der Term, 1884,.
Thomas S. Britt, plaintiff. vs. Martha Britt. de-
Andant.
clAt this day comes the Plaintiff herein, by his
attorney. . W. Johnston before the undersigned
terk of the circuit court for the county and state
aforesaid, and filed his petition and affidavit, al
resident OF this that the ordinary process OF
lawca mot be served upon her.
', hereupon IL Is ordered by the clerk aforesaid
the said defendant be notified by publication that
Plaintiff has commenced i suit against her In this
court by petition the object and general nature Of
which is to obtain decree ofdiyorcementdissolvDg
the bonds ofmatHmony contracted and now exist
ng between plaintiff and defendant
the ground of defendant absenting herself
from plaintiff without reasonable cause for ths
space Of one year. and that unless
the said defendant Martha Brit be and appea al
this court At the next term thereof to be holden AZ
the court house in the town of kirksyille in said
county, on the 10Th day of Octo be next and ON or
before che sixth day OF said tern answer or plead
TO the p, tition in said cause, the same will he
taken as contested and judgement rendered aecor-
hereof be published accoEding to law In the Week.
~ Graphic, newspaper published in said AdaIr
county and State OF Missouri.
STATE OF MISSOURI, &C
County OF Adair, 90
i, w j. Ashlock clerk OF the circuit courr ~
Adalr county aforeeaid, hereby certify thai ~.
above Is trne copy OF the original Order OF PulI
cation. IN The cause therein named, Is the sause
appears in my office. 50 e
Witness my hand as Clerk. and the seal os s,id
court Done at my Office In Kirk syie this 9Th ia
vi august 1851. W. j. ASHLOCK,
Weekly graphic. [volume] (Kirksville, Adair Co., Missouri) 1880-1949, 1884-09-12
ORDER OF PUBLICATION IN VA.
CATION.
STATE OF MIssoURr,ls @,
County of Adair o


>, In the circuit court of Adair county. oetober
Evans. Defendant A' 70 ihohias
AT TINS day comes the Plaintiff herein bv her A.
before the undersigned clerk OF the circnit
~ VI saiu county In vacation aud files afliayit
"a I'M aIleRlng- among other things that de-
Ienuant ,noHlas Evans is q nonresident OF the
I oI MisSolr 50 That the ordinary process On
law Gannot oe served upon him and asks that pnb
him of thisaction. Nu' uouiJihs
=, hereuon It is OrGered by TIE clerk ato,es,id
maj DJsIendant be notified by publication. The
palntin mas commenced a suit against him IL, MS
~. 'he oDJect and general nature OF which "a n
utah uccree OF this cosrt dissolyinp thehonds 81
niiasHiHiony contracted and now existing bet1geen
III anu defendant onthe grounds OF oferinoto
t ~. sncn IN dignIties TO render her eoniJ
~ and that unless the said de,endant
neIt 60 Is ; be and appear ut this court at the
go. teln u thereoi Il be begun and holden NJ the
Sou.. mouse In the town OF KirksyiIle in said
Si1nty, on the 2Oth day OF October next and on, or
De.1re we SIKH day ofsaid tel m answer or nIs.i
10 me petftion In said cause the same Will ha ksn
cOrdingly. VIM Se fenCereu &C.
And II Is further ordered. that a conv be-oo, IN
puDnsneu according TO law, in the w ekIy Grsnbic
~ al a pupdlshed weekly In said Affair c1un-
STATE OF IssoURI
County of Adair %.
1. W. j AshlOck clerk of the ctr.ui, oorr, nj,
.hn ,.a couuly aforesaid. hereby certify that the
above Is true copy of the orpI5aI f,r -. isti,
pears in my office. - INC saile ap-
oo mIthess my hand as clerk and the seal nj a.,d
July 1884. " r ~ sSi iiie Inns tnIs "a DAY OF
Weekly graphic. [volume] (Kirksville, Adair Co., Missouri) 1880-1949, 1884-09-12
ORDER. OF PUBLICATIN IN VA.
CATION.

ID the circuit court for Adair county and J,ate
xMlssouri october term 1884,.
ia mes L. barnett, plaintiff, Va I.uey Harnat,
defendant. petition for divorce N' e''r
be IL remembered that on the oath fav n, N.r.b
tat' me ABOVE named plaintiff by his attorney JnO
Johnson In the Office OF the clerk OF said circuit
court OF Adair county and state OF MIssouri AID
~ pc utlon IN tnis cause alleging among Other
resldent OF the state oil Missouri, nun
ltls therefore ordered by the clerk aforesaid In
vacation That sad defendant he notihed nv nnbii
Sation That plain tiff has Commenced snit ayainst
herin TINS court the object aud general M t,sr ~
Wnicn is 10 obtain decree Of enforcement diaoiy
ink tne Donus OF matrimony contracted and now
exsung between plaintiff and defendant nm the
srouhus mat said defendant has absented herself
Ior the space OF one year without reasonsble
eause anu mat unless the said defendant he and
AT thls court al the neat term thereof to he
Dekun ana nolaen az the eonrt honse I'm fhs tov ~
hirksville In said county on the alth daI- ~ n, VI
per next and on or before the sixth DIV or ssd
tsrn answer or plead to the petition in aid e.nse
UT same Will be tGken confessed and fndeaIosnt
VIII be rendered accordingly '-NeSNiSH''
ana II IS further ordered that a conv ba-ao, M.
pubnshed according to law in the yVeetlvn.ronhic
= newspaper published In said Adair county and
STATE OF MISSOURI
County of Adair, SIS.
w -. Ashloek, CLERK of the circuit eour, NJ
Adalr County aforesaid, hereby certiSv Ibst tba
above Is atrue copy OF the Original orar ~ phI
pears In my ONCE. 10 Inc same APP
itness my hand clerk, and the seal ofsaid
nnn:, Zone ~ ONCE In kirksviiIe this SIN day Of
w 7 Aou,oo,- C1-l
Weekly graphic. [volume] (Kirksville, Adair Co., Missouri) 1880-1949, 1884-09-12
ORDER OF PUBLICATION.

STATE OF MISSOURI,
COUNTY OF ApAIR, s.s'
term 1884, N SounIy, OcboOtf
siiaS Bennett, Pl'T.1
CARA Bennett, Deftl O1 Ni'VfSe'
AT MS day comes the plaintiff herein nv III. Il,
.{ before the undersigned cIerkof sxiJ conrt In
aoh ana nles his petition and affidayJt statins
H., other things that the above named ,Iefsn-
na non resident OF this state so tnaf The orbit
W W. r,oeess OF law cannot be served mon her
defeng upoh II Is ordered by the clerk ihat said
has cna De notined by psbiication that plaintiff
hI.o, ca suit against her In thIs ee1rt tI,e
41oJeet and general mature OF which Is to ohi.,ns
eontree,sc c1r. aissolYing the bonds OF malrimony
he s,eess " tnem on the day OF Nav lssa- on
s.ns aounuS OF desertion and unless satd clara
y, my tne DEFENDANT be and appear a. this conrt
AZ ths net Term thereof to be begun and holden
eon eourt house 10 the Town or KirksviIie IN aid
op,besSr on me 3oth day OF October i next and on
niss.d ~, me sixth day OF said Term ansWer or
PEA 70 the 2eaton In said cause he same viii he
dinghy: nd S7Se ~ and ladgemet render. aecor-
e ony anI u Is further ordered mas A
law In the ee published according 10
he I, IN said county for Il urweeks succrsslY-
he n isI insertion to be atleastf0ur N,sks before
4 Tsne uay OF the next term oftIlis CONT
rug copy Attest: WI, AsuLoeK.
Weekly graphic. [volume] (Kirksville, Adair Co., Missouri) 1880-1949, 1884-09-12
ADMINISTRATORS NOTICE.

Notice is hereby given that letters OF admins
tration upon the estate of Geo. W. Miller late OF
Aaair county. deceased have been granteu 70 me
un,Ie rsigned W lillian Miller by the Probate court
OF the county OF Adalr bearing date the l2n day Of
June 1884, All persons having claims against ssid
iowance within one year after date Of said letters
or they may be precluded from any benen, OF such
estate and ifsnch claim be not exhibited within
two years from the publication OF this notice they
will be forever barred. WILLIAM MILLER;
INV 7th IssI nl2-iW
Weekly graphic. [volume] (Kirksville, Adair Co., Missouri) 1880-1949, 1884-09-12
ADMINISTRATORS NOTICE.

Notice IS hereby given that letters OF administers
tion upon the estate of VI. V. Atterberry late OF
Adair county deceased have been granted to The
undersigned NJ. G. Glen. by the Probate court OF
Adair county bearing date the 9th day Of July
IsSt All persons having claims against said estate
are required to exhibit them to me for allowance
within one year after the date OF said letters OF
they may be precluded from any benefit OF such
estate and II such claims be not exhibited within
two years from the time OF the publication OF this
notice they will be forever barred.
NJ. G.. GLEN,
Administrator oil VI. ". Atterberry, Deceased.
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1884-01-04

AOOdi 'sNE OS
Perry was withdrawn after the first
ballot and Rudy and Mulligan after
the second. On the third ballot Of
futt received Al, Adair 20, Owens 10
and Harcourt 8 votes. Mr.. Stone
changed from Adair to Offutt, giving
the latter As votes, a majority of one,
and Mr.. Meredith changed in the
same way, when Owens and Har-
court were withdrawn and on motion
of Mr.. Joseph d. Read the choice of
Offutt was made unanimous at 90
p. NJ.
POLK JOHNSON AND OTHER OFFICERS.
E. Polk johnson was nominated
for Clerk without opposition, Green
r. Keller formally announcing his
withdrawal by letter to the caucus.
There were nominated for Assis-
tant Clerk: Marcum, of Boyd, Ringo,
of Hickman; Reeves, of Todd, and
Gardner, of Morgan. Mr.. Ringo was
elected.
For Sergeant at Arms the first bal
lot stood: VIM. E. Railley, of Wood
ford 20 votes; VIM. Massey, of War
rem, 90; Squire Turner, Jr, of Mont
gomery, 10; Simeon P. Cook. of Nell
son, 10. The second ballot brought
no chance. Turner was withdrawn
and Railley received As votes to A
for Massey.
The candidates names for Door
keeper were Robert Tyler, of Bullitt !;
Benedict Perkins, of McCracken; r.
a. Webster, of Taylor; j. P. Bran
denburg, of Lee; John James, of
Shelby; Z. w. Warnock, of Green
up; Geo. D. Durham, of Mercer
Richard Ship. of Woodford; Thos.
L. Green, of Robertson James d.
Crockett, of Warren; I. j. Ballard
of Rockcastle; Harvey Wilson, OF
Kenton VIM. H. Haynes, of Trimble,
Mr.. Tyler was nominated Oh the
fourth ballot.
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1884-01-04

Bruce, of Lewis. Thirty-two Of the
thirty three Democratic Senators
were present. b. S. Robbins, of
Oldham, was unanimously elected
Chairman. Henry Il. Stanton, OF
the Frankfort Yeoman, was requested
to act as Secretary. The caucus then
proceeded to make nominations for
the Senate offices. Mr.. Bruce took
the chair, while Senator Robbins
placed in nomination for Clerk, w.
Vaughn Prather, of Harrison. r. G.
Hays, of the city of Louisville, NOM
mated VIM. T. Samuels' also of Lou
isvllle. Mr., Prather received TWEEN
ty-four votes, and Mr.. Samuels re-
ceived eight votes. For AS
sistaut Clerk there were placed in
nomination: j. Alex. Grant, Of
Franklin; w. 0. Mizc, of Wolfe, and
George w. Reeves, of Ballard. They
received ten, six and sixteen votes
respectively on the first ballot. On
the second ballot the vote stood /:
| Grant, 10; Mizc, 5, and Reeves, III
and the latter was declared elected.
| For Sergeant alarms there were
placed in nomination Rowan Revel,
of Owen; y. B. Glanton, of Franklin :
John B. Montgomery, of Taylor; and
B. w. jenkins, of Louisville.
The hour of IL having arrived, the
caucus adjourned until after the or
ganization of the Senate, when the
first ballot for Sergeant alarms was
taken, which resulted as follows
Revel, 7; Glanton, s; Montgomery, s.
Jenkins, 5. During the balloting
: Patrick II. Simms, of Washington
was also placed in nomination. On
the seventh ballot Capt, Jenkins was
. chosen by vote of IS to II for Clan
ton, his only remaining competitor
The caucus then adjourned until late
in the afternoon. A third meeting
of the caucus was held at 3: 80 O'Clock
to nominate candidate for Door.
keeper. There were named JAS. Ma
: son, of Garrard Keene o. Harra Ire
3 mere, of Franklin; VIM. Fogle, o
= jefferson; j. Fry Lawrence, City o
Q Louisville: C. NJ. Willingham, o
f Webster; c. F. Brosekc, of Pcndletc II
c Alex. King, of Barren. When tn
S seventh ballot was reached the onl
two candidates were Fogle and Law
:. renee, and the vote resulted in a tic
: The eighth ballot gave II votes L
Lawrence and Is to Fogle.
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1884-01-04
Public Sale.
Having sold my farms, will sell witt out
reserve on
Tuesday, January az, 1884.

@uSS@SyI s6o~ssA e6b 4SOV'
On the premises one mile from Hopkinsvlle,
KY, on the Clarksvllle Pike to the highest bid
der, all my horses, mules, cattle, hogs, sheep,
$50 barrels OF corn In crib, wheat in garner
hay in loft, some threshed seed oats, all my
farming implements. household and kitchen
furniture, o head of fine mules, head Of good
horses, two of which are hands me young geld
ngs, saddle and harness stock. l safe family
oughbred and high grade COWS, heifers and
calves, 2high bred yearling bulls. 2 head OF
the female cattle are eligible TO registration.
All good colors. ! Jersey COW, a splendid
mixer, l Jersey heifer. Nearly all of these
cows and hefers are forward with calf by
high bred bulls. brood sows, 20 shoats, Is
head Ofsheep.
Reapers, mowers, drills, corn planters, hay
rakes with fertiliEing attachments, rollers,
plOws, harness. 4wagons, family rockaway,
buggies, harness for same, etc., etc.
! fine Brussels carpet, safes, cook stoves, bees
in hives with honey, 1000 lbs. Of bacon, potatoes
and poultry and everything usually found Oh u
irst -class farm. This property will be sold
without reserve-no by-bidding The party to
whom any article is bid will be given a credit
till Aug. /, lSS4, ON all sums over tl0 with note
executed with approved security negotiable
and aySble at Planters Bank, Hopkinsvlle
Ky, without interest until maturity. then to be
per cent. interest until paid Sums of SO and
under to be paid for before property is re-
moved from premises. All purchasers are re-
! quested to take care Of their purchases 80 as 70
save confusion. Everything guaranteed as
represented.
Sale to begin at 80 O'Clock and continue till
all things are sold
Col. JHo. DAY. Auctioneer.
Jan. 3, -. JN0, Il. BELL.
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1884-01-04
THE 1EGIstATuRE Or
GANIzED MONDAY.
ofust The Caucus Nomi-
nee for Speaker.
THE PARTICULARS

THE PARTICULARS
THE HOUSE OFFICERS.
Spoaker-Charles 0ffutt, Of Bourbon.
Clerk-E. Polk johnson, of Louisville,
Assistant Clerk-W, L. Rmgo, OF Hickman.
Sergeant al Arms--W, T. RailIey, Of Wood
ford.
nooFkeeper- Robert Tyler, Of Bullitt.
TIE SENATE oFFiCERs.
Cierk.-w. v. rrather, Of Harrison.
Assistant Clerk-Geo. w. Reeves, Ballard
Sergeant ad arms-Bart W. jenkins, OF ISu-
isvlle.
Doorkeeper- J. Fry Lawrence, of LouissfEHe.
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1884-01-04

The new year is the lSS4th of the
Christian Era. 1t is leap year. The
Dominica letter is F. E., the Golden
number 4, the Julian period 6,697'
There will be 5 eclipses-three of the
sun and two of the moon. The total
moon eclipse April 10th, will be par
TALLY visible in the United States
the total moon eclipse, October 4th,
will be partially visible on the Attain
tic coast; the partial sun eclipse,
October 18th, will be visible over the
Pacific coast. The Presidential cleo
ton will be the great political event
} In this country next year.-B. e.
Times,
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1884-01-04

The Cynthiana Democrat suggests
that a good way to dispose Of the
surplus moneys in the Treasury would
be to pay the slave owners of the
South for the property taken from by
Lincoln's emancipation.
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1884-01-04

Prof. Swift notes The temperance
of Pons' comet of 1872. 1t has two
tails and is visible to the naked eye
early in the evening.
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1884-01-04

Special Dispatch TO the Commercial.
Frankfort, Dec. 3l.-The first day
of the Legislative session opened
with shower, followed by damp and
gloomy sensations ont OF doors. Con-
sequently the members. OF the House
did not get together onsit high noon,
the hour for the organization of the
General Assembly, DIR. Triplett was
unanimously eleesed Chairman and
f. Polk johnson and Thomas q.
Poore were asled to act as Secreta-
ries and The caucus adjourned until
2:90 o'efacR in ORDER to assemble in
representative session to swear III
neM members.
Upon reassembling the caucus pro-
Iceedcd to tho no mination of Speaker.
The following names were presented
VIM. c. Owen !, of Scott, by Ira Jul
liam; Charles Offutt, of Bourbon, by
T. p. Caruplers; James II. Mnlligan,
of the city of Lexington, by John d.
KehOe; y. VIM. Perry, of Owen, by
j. II. Wells; Cromwell Adair, Of
Union, by David Waller; James II
Rudy, of Davies, by w. d. Coleman
A. p, IIalcourt, Of Spencer, by j. G
Beckham; A. G. Talbot, of Boyle
by A. P. Russell. The latter gentle
man arose to ask that his name b'
withdrawn, and Mr.. Harris, of Nc
Cracker, announced that for the sakt
OF harmony Mr.. VIVA. j. Stone, o
Lyon would not b. candidate. TIT
proxy of Mr.. Payne, of Warrea, wa
admitted.
oFFUTT MONTY ATED ON THIRD BALLOT
The three ballots resulted as fol
lows.
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1884-01-04
The Senate Caucus.

SEVERAL WARM CONTESTS AND ONE
TIE FOR DooRKEEPER.
Special Dispatch to The Commercial.
FRANKFORT, Dec. 3l.-The senate
caucus was called to order in the SEN
ate chamber at IL o'clock by ii. G.,
Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1884-01-04
THE NEW SPEAKER.

The new Speaker is twenty-eight
years old, tall, slender and handsome
in appearance, of sanguine DISPOSE
ton and an attractive address. He
is the son OF Scott county farmer,
educated in the country schools and
Georgetown College, from which he
was graduated in 1875, He studied
law with Cincinnati firm and has
enjoyed a lucrative practice Of his
own since opening an Office at Paris
six years ago. He has served three
terms as City Attorney of Paris and
has been twice elected to the Legisla-
ture. 1t was he who nominated
Owens in the caucus at the last ses-
sion. He has taken an active inter-
est in politics and was the only candi-
date for the Speakership at this term
who took an active part in the can
vass for j. Proctor Knott. He may
be regarded as being in full accord
with the present State administra-
ton.
The Hawaiian gazette., 1884-01-23

ana unler the circumstances o. assent and pcs
Session the mere testimony Of the eranter viii not
ee hold s-hieient in Law 10 set aside his deed Is
scprortcd hy the doctrine Of laehes-an equitable
aocirine, eai which may he rcasuaahly applied 70
the present case where the controversy icrents On
ths validity Of a deed,
See Siory's Eq. Jnris. lSs0
Smith vs. Clay, Blown Lead Gases SS.
Norris vs. lahree, s Me. 81
Evart vs. Raccn. % Mass, siA
Cozant vs. Perkins l0g, Mass, n
Ii verdict for the plaintiff must have been set
ASIDE again hoHQ TO leave Il 10 the jury 10 de
tertnine the verdict The authority q the Court
70 order vorict i set forth BY Mr.. Justice Ciif-
ord delivering the opinion Of the supreme Court
in Commissioners vs.. Clark %, u. s Supreme
Court al ?. -. He says .Jndecs are no longe,
required % submit a case TO the jury merely be
eanse sosne evidence has been introduced by thu
Fstrty having the burden of proof unless the evi-
dence be Of such character that il would war
vc- Of the party Introducing such evidence. De.
eiaed may be fo1ad where II is held that il
their Is a Sc .iiis Of evidence in support Of cas-
the lne Is bound to leave II 10 the jury but ths
MODERN decisions have established more reason,
able rule to w.t. that before the evidence is left &c
the jury, there Is or may be in every case prellr
mary question for the judge, not whether there
literally no evidence, bat whether there is an,
npon which = iary can properly proceed 10 ind !
verdict fox the party producing II upoa whom thu
burden Of proof is imposed"
ruling and the Court properly instructed the igr,
70 fna verdict for the defendant.
The exceptions are oyerruled;
5, r Dole, foS plaintiff, W. X. Castle. for de
| PENDANT
Honolall, January Is, 1854
The Hawaiian gazette., 1884-01-23

Upon previozs trial OF this Cause verdict was
rendered for the plaintiff Ezcepsious to this t--
ing we're sustained By tho Co1rf-see kAriAIu y.
Lowell, 9Th Havn- K. p. en-, on the ground thai
there vas no evidence tending TO stack The deed
BY which the de<ezdaut held, execzied II I-s and
On record sires ls6S. and coming from the ezssoi
OF the defendants prilies, except the denial Of the
alleged gra1tors- Suuzur and his wife joining
10 releass do1e-.
Upon the ers1inr trszl the presiii1c Justice O.
dered a verdict for the defendant. The plaintiff
e1crpts and cuu.ends that there vas evidence n
enrrDbcrztiur of the testimony gfEen again bv
Sursnr and his wife the g-znsozs deryil- the;s
e1ecutloC OF thE decd which ought 70 nave besn
submitted TO the jury We have examined he
evidence as sszt cp n the bill Of ezcapti0ns
Taxing ozr the testimony OF the gTznt0rs We ind
no evidence to support the pl1infitzs pruposftior
that the alleged deed vas fraudulent
HE e1ecr Of the other tes<i-nauy : ttzt tie Al
leced grz1to-S O. refz-1Ine FROM . Visit 10 Hor5-
lElz stated tnzt they had sold their lid This
vas n $50. The defendant catered into rsosses
1ou claiming under that deed IN lssS5. The plain
t1H claims that this psrrrisslFe and No. a.
verse Fssssession- Ikis Is not szqFssz1sd hy the
evlcelce. The plaintiff therefcre l5poz the scc5-d
trial made 10 case o. which BY the ruIIz- Of he
Cg1rt N ba1co = verdict for him eorld Be- SIS
tained- The ruling that after suck lapse Of time
The Hawaiian gazette., 1884-01-23


Upoa 4 service made pursuan, to the above in-
formation, the said Daniel Lyons appears before
the Court and says that he had no knowledge in
faet Of the contents of the newspaper, his sole
business being 70 print and publish ii, and that
the editorial business was done by Mr.. John Shell
don.
Mr. sheldon thersupon Voluntarily states to the
Court that he was the managing editor at the time
examined it, but did not, being Just then on the
point Of EcSigning his position; and gave 1t to be
set up
Neither Mr.. Lyons nor Mr.. Sheldon offer in
formation as TO the writer Of the Objectionable
article Il is not denied that the matter was Of
the character charged in the information.
There must be responsibility somewhere for Il Q
publication of hbelocs matter and the rule of Law
Is that the publisher is liable even il be have no
knowledge of the contents and Be entirely ignor,
ant OF its being hhelous.
l Hawk. Z. c. g
This is a presumption which may be rebutted by
special circumstances Was it 50 in this easel
IL would seem by the statement of Mr.. Sheldon,
that he was a mere employe, in law, servant of the
defendant. he says be would not have permitted
the article to appear if he had seen it. II was the
course OF business AZ the office that he should
read or write all matter for the paper. Now, II by
his not reading a communication. II thereby re
ceived a character Of immunity, and all persons
became free from responsibility, clearly the door
would be opened for the irresponsible publication
OF any unlawful matter. The delegation of the
duty of supervising. by the master 10 the servant
does not free the master. He Is TO be holden fol
the neglect or indiscretion of the servant.
Nothing appears IN this case why the general
rule should not DO applied. No special oircum-
stances are shewn tending to induce belief, on
the part Of the employee principal, that this ar
ticle was one which need not be examined. Mr.
Sheldon says he ought 10 have examined it; that il
had done 50 be would not have permitted il to ap
pear. The respondent, then, comes under the
general rule Of the liability of publishers for what
they publish and of masters for the acts of thsil
servants. Il is legal liability without references
10 personal blame. In view of that, / make thu
| penalty \ pecuniAry one, aud impose a tine Of
| Fifty Dollars. LAWRENCE McCUIIY.
January 10th, 1881.