davidaulloa/AmericanStories huggingface dataset:
The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1885-11-14
JUDGE BLACKMAN'S CHARGE
In THE DOZIER CASE.
Gentlemen Of the Jury

empanneAed, and mast necessarily
feel much fatigued in listening to a
long and tedious trial., in which
your sovereign State has arraigned
one of her citizens for murder, tie
gravest crime known, to. her. laws.
The indictment charges that @.
H. Dozier, the prisoner at the Bar,
did willfully, feloniously and of his
malice aforethonght,, kill and muir
der one Robert Gatfney, on or about
the 9th of October last, in your
said Parish and State. 1t is made
my duty to charge you the law that
is applicable to the case, SO as to
assist you when you apply the evil
dence to the law to reach a just
and legal conclusion as to the guilt
or innocence of the accused. Bear
in mind gentlemen, that you are
the exclusive Judges Of the evidence,
end it is your duty to take the law
applicable to the case from the
Court, and then you become the
Judges of both the law and the evil
dence, and must pronounce judg-
ment on the accused.
LIST. Murder is defined to be the
unlawful taking: of the life of a hu-
man being, with malice afore-
thought, either. expressed OF i'm
piled.
Malice does not mean hatred to
particular person, but the execu-
ton by one of an act or deed, that
is in itself wrong, atrocious<aud I'M
lawful, which shows that it springs
from a; heart that is depraved and
wicked, and fatally. bent on mis-
chief, unmindful Of the laws of God
and the society in which he lives.
Malice pre-supposes generalization,
but it is not required that it should
exist for any given length of time,
for it nay spring into existence in
an instant, and it is sufficient if it
exists at the moment that the wick
ed deed is done.
Cd. Manslaughter is defined to
he the willful and felonious killing
of a human being without malice,
in the heat of passion and on u sud-
den, provocation.
The difference between murder
and manslaughter is that the kill
ing in the first instance is done
with malice and ia the second with
out malice.
Every person who kills another
with, deadly weapon is presumed
to have willfully murdered him,
unless the circumstances aree> such
as to raise a, contrary presumption.
The burden of proof rests on the
State, and this does not at any time
change, to establish the gnilt Of the
accused but if the accused claims
that he was excusable or, justifia-
bic, or that be acted in self-de-
fence, then the burden of proofrests
on him to do so.
The law allows every man the
right to defend himself, and in Or
der to save his own life or prevent
great bodily harm from being in
flicted on him has the right to use
any lawful force to prevent it, even
to the taking of the Life of his as.
The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1885-11-14

and circumstances that the difficult
ly was sought or provoked for the
purpose of putting into execution
the malicious threats that had been
made.
l further charge you that if
threats were made by, the deceased,
and the accused by his own acts or
conduct brought on the difficulty
with the deceased, those threats. are
no justification for,the killing, fora
man to be justified in. the eyes of
the law in taking life must himself
be in its peace and in no unlawful
way, wrong at the time himself, or
in no manner responsible tor the
immediate difficulty, in which the
killing took place, for it is the du-
ty Of every citizen to avoid Difficult
ties, and" particularly is it his duty
to avoid giving povecation to one
with whom he is not on friendly
forms, or one who has made threats
agains:,him.
AS TO CHARACTER.
The evidence of good character
of the accused goes to the Jury,
not that it is a justification for COM
hitting a crime, but is to be con-
sidered and weighed as any other
fact or circumstance, in connection
with all others .before them.
AS To WITNESSES.
You can, gentlemen, take Into
consideration the character Of all
witnesses before you; their acts,
their friendship or animosity for the
accused, their probable interest or
bias in the result of the suit, the
motives that woald prompt them to
testify, and il yourfind that, a. wit
ness has testified falsely as to any
material fact, then..tou are at liber
ty to disregard: the whole of tie
testimony of.'any such witness
You are further authorized to disre-
gard the evidence of any witness
that you think in your conscience,
has testified falsely, for if youeome
to the conclusion that any witness
has testified falsely, either for or
against; the accused, then you are
at liberty and should reject such
testimony, and it should not be
considered in making. up your
verdict.
REASONABLE DoCBT.
l have charged you, gentlemen.
that>it is the duty of the State to
prove every fact and circumstance
necessary to convict the accused, as
be is presumed to be innocent until
he is proven guilty, and should you
The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1885-11-14

The Pieayuncs opening day
souvenir of the North, Central and
South American Exposition, show
ing the relative size and Importance
Of the same as compared with other
international exhibits, is the best
thing of the kind yet issued, and
reflects great credit on that old but
progressive journal. 1t will do to
preserve.
The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1885-11-14

RAILWAY Postal Clerk Grigs-
by, of the New Orleans, Alexan-
dria r. P. O., has received his wal
king papers. This leaves only Yer
dun of the excellent old set. Mr.,
Grigsby was a faithful officer, and
much esteemed.-[City Item
The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1885-11-14

capital prize OF SI3,UUU IN tne' laSt
drawing of the La. State Lottery.
The Marksyillians should pick
up their little Town and move it to
Bnnkie. Then they'll be in the
world.
Work has commenced on the
Milliken's Bend levee, Madison
parish, having voted a five mill tax
for the purpose.
The building Of. the Match
toches tap railroad is one of tue
near things in the future. So says
President Wheelock.
WHEN a. young lady goes. to
church to exhibit, her new sealskin,
she certainly might. DO called sack
religious. - Yopkers Statesman.
THE apple crop in Kansas,
too, this season, is very large, if
the news from there that the finest
is selling for forty cents a bushel is
any good guide.
YESTERDAY was the day fixed
for the execution of Pat Ford and
John Murphy, who killed Cap Muir
ply. But Governor McEnery has
given them a respite of thirty days.
"A LARGE mandatory, fer. ma
king jelly for export to Germany
has been built in, Albany, New
York. About $50 barrels of ap-
pies, it is stated, will be- consumed
every day.
"A DENTIST OF Bristol, Conn,
was surprised the other day. by a
call from a Middletown man, who
paid him twenty-five, cents which
he had owed him for pulling q tooth
twenty years ago.
TUESDAY was the opening day
Of the North, Central. and South
American Exposition at New Or
leans. The papers of that Clay are
filled with descriptions of the fes-
tivities on that occasion.
RAILWAY Postal Clerk Grigs-
by, of the New Orleans, Alexan-
tria r. P. O., has received his wal
king papers. This leaves only Yer
dun of the excellent old set. Mr.,
Grigsby was a faithful officer, and
much ,esteemed.-[ City Item.
Hon. Samuel J. Randall de-
clared in a recent speech that "the
union of States never before was
more strongly knit, and the rapid
advance of the South and West in
the new fields of..industrial pursuits
is the wonner of our day"
BETTER stop yonr cough while
YOU can. Bye and bye nothing
will do it. 1t is worth needing,
that Parker's Tonic is the best
thing known for coughs, colds, tor
pid liver, kidney troubles and weak
lungs. You risk your life in wait.
ing. Take it while there is vet
time.
The Picayuues opening day
souvenir of the North, Central and
South American Exposition, show
ing the relative size and Importance
cf the same as comnarad with othe,
The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1885-11-14

Hon. Samuel J. Randall de-
clared in a recent speech that "the
union of States never before was
more strongly knit, and the rapid
advance of the South and West in
the new fields oP..industrial pursuits
is the wonner of our day"
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02
SOUTHERN UTAH NOTES.
Mining ana miscellaneous Items
from Camps of the sunny South.

Dancing, foot-racing, scrub horse rae
ing and tooth-pulling were the principal
sports OF Frisco last week.
There is now an almost certain pros
pect OF an immediate resumption of work
upon the Comet property, near Frisco
If the Frenchmen only knew it, they have
valuable mine lying idle.
On the principle that all flesh is grass,
some OF the Frisco girls will be seedy old
bales OF hay ii they don't hook up, pretty
soon. The bachelors may rs well take
this hint, too. So saws the Times.
The gold excitement which struck
Southern Utah little while ago has en-
tirely petered. The ledge, which is sitll-
ated near the Pine Valley mountains, is
immense in size and lousy with pyrites
of iron.
The Rebel is opening up splendidly
down on the lower levels. A fine BODY
Of heavy galena ore is being taken out OF
the drift at the end OF the long tunnel,
and larger force OF miners will be put
on by Matt Cullen.
The Milford concentrating mill is re-
ported to be running nicely, and ores 90
ing six per cent lead and four ounces sill
yer were concentrated to fifty per cent
lead and thirty-four ounces silver, which
is as satisfactory showing as is made by
any mill in America.
A train composed of eleven teams
hauled the new tanks for the Silver Reef
teaching works into camp last Monday.
The tanks were made in San Francisco,
OF California redwood. All the material
is now on the ground, and the work of
putting the apparatus together has been
started and will be pushed forward to
completion as soon rs possible.
Kimple & Lewis, lessees of the once.
famous Leeds mine at the Reef, are drift
ing on siX-foot vein OF ore Since they
started to drift, few weeks ago, thew
have broken over hundred tons of ore,
They say the ore samples between twenty.
I'VE and thirty ounces per ton, and that
they will begin to ship as soon as the
teaching works are in operation.
The hosting Of two tanks, or about 200
gallons OF water per hour, continues at
the Horn Silver mine, with no sign of
abatement. This water is so strongly
impregnated with copper, that it stains
everything 1t touches, while its consist
ency is that OF thin syrup. 1t undoubt-
eddy comes through II big ore body on the
''"o' iofcio vi tlle NINE, ana big results
may be looked for as soon as communica-
tion II reopened between the old and new
workings.
A strike OF great importance to Frisco.
il that made by Richard Grace, in his
property adjoing the Horn Silver on the
southwest corner A large body OF low
grade ore and ledge matter, similar in
character to that found in its famous
halnesake, has been encountered at no
great depth, and il is the opinion Of cx-
per'ehced miners, that Dick has found
Difficulty is experienced in working the
claim, owing to the noxious vapors that
escape from the underground assures.
Mr.. Grace il an indefatigable pros.
pcclor, knows good thing when he
finds it, and hangs to it like puppy to
a root Ff'
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02
KICKING AGAINST THE COST.
Miner Moves That the Government
Put Up for thc Cost of Com
victing Him.

The attention of the Third District
Court was first called this morning to a
motion on the part OF Aurelius Miner by
Mr.. Hardness, TO retax the costs OF the
prosecution in the recent convicting U. C.
case. Mr.. Hardness objected to the
Marshal's fees OF 500 and the $50 fees OF
the attorneys. Several small items, not
particularized. in the way Of Grand Jurors
and witnesses fees in the case were OBJ.
jected to as not belonging to the judg-
ment rendered in the costs against Miner
Mr.. Hardness claimed that the actual
costs commenced with the reading OF the
Indictment, and that jurors and witnesses
fees should be charged TO the Govern
ment, and not entered rs Marshals fees
in that otiicor's bill OF account.
Mr. Varian, in several references,
showed that no provisions existed in Utal
governing these expenses in crimina
suits, but in civil cases the costs of tria
are regulated. Clerk Miller, OF the Mar.
shaPs Office, was put on the stand, and
certified to the correctness OF the account
stating that should the costs of witnesses
and the twelve jurors be differently dis
posed Of, still an unentered bill for SAC
could not be objected to in the authorized
list OF expenses.
The real objections presented were
against charging the fees OF the prosecu
ton and Grand Jury to Mr. Miner as
Marshal's costs, instead OF TO the govern.
ment. The Court took the matter under
adyisement, and decision will shortly
be rendered.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02
THAT MIKADo TICKET sCALPING.
Denial. All Around-How 10 was
the First served Got the Good
sents and the Others GOT

The prestige and goodwill which the
amateurs OF Salt Lake recently won in
their presentation of the opera "Pa-
tience," caused public expectation to
reach almost ieverish height when some
time ago it was announced that Gilbert &
Sullivan's latest craze, "Thc Mikado,"
would be their next ambitious attempt,
and when the box office opened Saturday
morning there was an Indian file OF ticket
purchasers extending through the lobby
and into the street. 1t was not long,
however. before the rumor was current
that the tickets were being specialized in
i'm fact, that regular scalping business
was being done-and that ii anyone de-
sired good seats at the opera they could
| have them at premium from certain
parties who had held down the box office
since daylight in the morning. Much sur
prise and Indignation were expressed by
many when the rumor spread, and the
general opinion seemed to be that had the
management permitted such action, the
gilt-edgc OF "rhe Mikado" had already
been taken off.
| Yesterday Il DEMOCRAT reporter found
Mr. Dan. $. Spencer. OF "The Mikado y
management, and on inquiring into the
matter was informed that to his know
ledge there had been no such thing as
scalping'-that a clean chart was put
in the window to commence with, and
that it was fair sale OF seats.
Glen Horsley chief Theatre usher,
denies the report that he had any "Mi.
kado" tickets to sell at IL premium, and
declares that all he bought were fol
friends who had handed him the money
previously, or at the time he was in line.
Furthermore, he says lhe never sold q
Theatre ticket in his life for more thar
the regular rates.
Mr.. Mckenzie, manager OF the Theatre
says that no attache OF the Theatre, 81
far as he knows, has been guilty of an,
such discreditable work as is alleged t,
have taken place on Saturday, and tina
no such business would be allowed, de
spite anything that has been said to tn
contrary.
The facts in the matter appear to b
that the tickets were not limited in mum
Der to the individual, and that severa
parties in the line. seeing the crush
imagined that profitable speculatio
might be INDUCED III by purchasing seat
and holding on for Il margin. That thi
is so is proved by the fact that 81 ticket
were offered on the street for $3.50. an
! some few sold at that figure.
| While it is to be regretted that an
such speculation should have been entere
+, into, or that even an opening for anythin
: having tendency to mar the genera
e performance OF "The Mikado" shoul
g have occurred yet we do not, nor do W
8 think the public will, for an instant que
: ton the integrity OF the management
, the opera in the matter a failure t
4 limit the tickets was the fault, but thel
A appears to have been no dishonesty.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02
PERSONAL.

Mr. Homer Duncan, Il prominent cattle
man of Southern Utah, is in the city to-day
in company with John Uric, of Cedar City.
Mr.. Uric returned last week from Scotland,
where he has been the past two months,
having been called there by the demise of
his father.
John b. Farlow, Esq, formerly manager
of Godbe, Pitts d. Co.'s drug house, returned
TO this city on Saturday evening last after
an extended sojourn in his old Canadian
home. Mr.. Farlow, it is expected, will now
become a permanent resident here, and his
numerous friends will be pleased indeed to
see him back at the old stand.
The DEMOCRAT but expresses the regrets of
n large circle of friends in announcing the
departure of MIR. III. G. Bates from Salt Lake
to Park City. Mr.. Bates is worthy product
of the California College of Pharmacy and
for the past two years he has filled the re-
sponsible position of chief clerk of Godbe,
Pitts az Co.'s large drug house with ability
and credit. Mr., Bates has purchased Mr..
Buser's half-interest i'll the Park City sta
tionery store, and will make his future home
in the Silver Camp.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02
DEATH AT THE QUARRY.
mr. E,iiot KILLED by n Falling Rock
ut Thistle.

On last Saturday Mr.. Elliot, the dis
coverer of the marble quarry at Thistle,
was working in the property when lie
heard some rocks rolling down the side
hill, and stepped outside to learn the
cause. On reaching the surface very
large boulder came rattling past ana
would have struck him had he not sud
denly stepped to one side; but in so doing
the action cost him his life, for another
large rock came tearing down and, strik-
ing him on the head, crushed his skull,
which caused instant death.
Sheriff Turner, OF Provo, was notified
of the fatal accident, and went to the
quarry on the first south-bound freight
train. Here Mr.. Twelvcs formed a jury,
held an inquest, and then caught the re-
turning train, inside of an hour.
The remains were sent to the home OIL
the deceased for burial. Mr.. Elliot was
about As years of age, and is said to have
been an honest and industrious man.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02
Auction, Auction,

Of Groceries, Tuesday, November Sd, ut
10 a. NJ, at No. 20, Il Second South /; 3
chests OF tea, boxes OF chewing tobacco,
8 boxes smoking tobacco, 1000 fine ci-
CARS, barrel OF coffee, 900 pounds of
flour, rice, sugar, bottled pickles, crack
ers, baking powder, olive oil, perfumer-
les, extracts, bird seed, vinegar, lard
hams, dried beef, nuts, etc, stove polish
pocket cutlery, combs, clothes lines, .
coils Of rope, large oil tank, platform
scales, tobacco cutter, refrigerator, large
assortment OF can goods, and thousand
other things too numerous TO mention.
ANDREW & DURGM,
Auctioneers.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02
GUILTY, AND GOES TO THE PEN
Another q. q. VIII Make go Prone
ises, and III Retired Cor SIX
Months.

Robert Swain presented himself before
Judge Zane this morning to make plea
to the charge against him OF unlawful CO.
habitation. To the indictment he pleaded
guilty, and when asked by the Court ii
he had any assurances to make known
that he would obey the laws of tine United
States in the future, the stiif-necked co.
hab. informed the Judge that he had
nothing to promise, and would leave the
future TO take care OF itself.
His defiant speech was cut short by a
$500 fine and costs and six months i'm
prisonment in the Penitentiary being i'm
posed, Swain LETT the courtroom to Join
the army gone before.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02
How to Consult DR.. Foote. sr. by Mail,

A'o" w SVhSuit Dis Il Vutts lSTss Dl NAH.
DR.. Foote, Senior, author of "Plain
Home Talk, Medical Common Sense, i"
etc, etc, would say to those who would
like to consult him by mail that they can
have list OF questions and circular of
gratuitous advice by addressing Box Ala,
Salt Lake City. The doctor has arranged
to have such information supplied in this
way to save time. Receiving such printed
matter the correspondent can describe
his or her case fully and direcl it to the
doctor, in New York. DIR. Foote is
successfully treating all forms OF chronic
diseases, specially to which he has de-
voted thirty years OF stady and practice.
Evidences of his success can also be had
by addressing Box Ala, as above, but all
letters OF consultation and orders for
remedies should be addressed to DR.. f..
b. Foote, Srs 100 Lexington Avenue,
New York City, N, Y. Consultation free.
An advertisement OF DIR. Foote, ST., in
another place deserves attention.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02
Lectures on the Shook of Mormon >,

The several lectures on the "Book of
Mormon" by Rev. Lamb, bound in
pamphlet style and ion sale at % cents
per copy, are selling numerously. They
treat The subject from an entirely original
subject, and are worthy of perusal.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02
Twenty-Five Per Cent.

Gentlemen can save twenty-five per
cent. by having their business and dress
suits made at our Mammoth Establish
ment. We guarantee fit, workmanship
and satisfaction or money returned.
+. AUERBACH & Bro.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02

Judicious advertising, backed by carry
ing out all you claim TO do, will eventually
pay. Simon Bros. are proving this more
and more from day TO day.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02

JohnTaylor Il sol, No 40 and 40 Seco
Sonlli street, have just received II chu. BE-
l0t ol ! NJ aud Winter Woolcr which
they u make up in frs class style,
at Pre duccd rates.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02

If stranger visiting Salt Lake thinks
business is quiet here, let him come to
Simon Bros store, and he will soon be
convinced to the contrary.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02
salt Lake City Brewing Company.
NJ. CULLEN,

Nj. CULLEN, III. w. MORSE,
President. Vice-President
We are now prepared to receive orders
Tor our CELEBRATED BUDwEIsER LAGER
BEER. Special inducements given to pur.
chasers oil carload lois.
Having. given our careful attention 10
the selection OF the finest material Tor the
manufacture OF beer after the Budweiser
process, we are in situation to place be.
lore the public an article superior to any
hitherto offered in this market.
Orders by telephone promptly attended
TO. JACOB MoRITz, Sec. x Treas.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02
1878 Established 1873.

Jos. Baumgarten, the Fashionable
Tailor, calls the public attention to the
fact that he makes specially OF over
coats, Swallow-tail and Business Suits, Mt
the lowest prices in this city.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02

-, FOR the best meals and rooms go to the
Wlllte house, Everything ilrst-class and
~" idleA
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02
" mite House.

Ihel goods n Simon Bros con.
tinues, a. arWU.ns. rs increm iny
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02
Arrival.

We are now opening and receiving daily,
n full line of Fall Clothing for Mems and
Boys wear. GOLDSMITH Co.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02

Billiard and Beer Hall is now open to the
public. Only the finest brands Of Liouors
ana cigars kept on hand, at lG7 Main 81
w. ScnADE, Proprietor.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02
ARRIVALS AND DEPARTURES OF MAILS
al the Salt Lake City P0stof'ce.
Silver Quotations.

.,orrected daily by Wells, Fargo & Co.. 49,,
silver. New York lVzSS4
silver. London. ....,. ...... ...,.. ....,. laSa
Lend Now York per 100 lbs ............. 400
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02
Sciiade's

ihE Famous" Cigar is known by con.
hoissenrs to be the best in the CITY.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-02

For good smoke try the Famous
Cigar, for sale by Sam Levy,