davidaulloa/AmericanStories huggingface dataset:
Evening capital. (Annapolis, Md.) 1884-1910, 1886-10-11
.LEPROSY.

and consequently incurabIc. II is impossible to de-
scribe her sudcrngs Her body from the crown Of
her head TO the soles Of her feet was mass OF decay
masses OF flesh Tottng off and leaving great cavities
Her fingers estered and three OF four nails dropped
0 at time Her limbs contracted by the fearful
liberation. and for several years she did not leave
her bed. Her weight was reduced from I25 TO 60 lbs
Perhaps some faint idea OF her condition can be
cleaned from the fact that three pounds OF Cosmo-
hne or ointment were used per week in dressing her
sores. Finally the physicians acknowledged their
defeat by this Black Wolf, and commended the suf-
6rer to her all-wise Creator.
Her husband hearing wonderful reports OF the use
% SwIFrs SPECIFIC Is. S. ST. prevailed on her to
try It as last resort. She began its use under pro-
sest but soon found that her system was being re-
heved OF the poison, the sores assumed red and
healthy color. as though the blood was becoming
pure and active. Mrs. Bailey continued the S. S. S.
antil last February; every was healed; she dis
sarded chair and crutches and was for the first time
n twelve years q well woman. Her husband, Mr..
O. A. Bailey, Is in business at 17k Blackstone Street.
Boston, and will take pleasure in giving the details
q this wonderful Send to us for Treatise on
Hood and Skin Diseases, mailed free.
Xx1 SWIFT SPECIFIC Co.. Drawer 3. Atlanta. Co
Oct9-1Y.
Evening capital. (Annapolis, Md.) 1884-1910, 1886-10-11

!. THE throne of the emperor Of
China is built on bricks. If tho
bricks are set in cement. it 10 the
next best thing to q throne founded
on o rock
Evening capital. (Annapolis, Md.) 1884-1910, 1886-10-11

THE many friends of Admiral Por.
ter will be glad to learn that he is
rapidly recovering from bis recent
illnees ct Newport, Il. /.
Evening capital. (Annapolis, Md.) 1884-1910, 1886-10-11

THos S. Claverius has been SEN
fenced to be hanged for the murder
OF his cousin Miss Fannie Lillian
Madison, more than q year ago.
Evening capital. (Annapolis, Md.) 1884-1910, 1886-10-11

BosToN is trying noiseless pave
ment Of granite blocks set on concrete.
All pavements are noiseless. It's
the cart that makes the noise.
Evening capital. (Annapolis, Md.) 1884-1910, 1886-10-11
sol 81

The seven convicted Chicago an
archists will be hanged on the 3rd
of December.
Evening capital. (Annapolis, Md.) 1884-1910, 1886-10-11

THE DAILY EVENING CAPITAL viii be
served by carriers to subscribers in the
citv at @ cents a week, or mailed to any
address In the United States for 30 cents
per month, 30 cents for three months,
Sl.7S for six months, or $500 per year,
invariably in advance. Unless the sub
ecription, as above, is paid in advance,
90 cents per month or $500 per year
will positively be charged.
"a Correspondence containing inn
portant news solicited from every part
Of the country.
~Address all Letters and kilograms
TO The EVENING CAPITAL.
Evening capital. (Annapolis, Md.) 1884-1910, 1886-10-11
Brick Dwelling House,

designated as number IL, in which said
Hyde and family now reside; which pro
perry is particularly described in said
mortgage, and also in deed thereof to
said Hyde from Mary e. NJ. Jeffries,
dated 2Otl II Nay. 1876, and recorded in
s. H., No. 10, folio 8 Of said records,
in fee simple.
TERMS OF SALE :-One-half cash
and balance in twelve months; the
credit payment t bear interest; or all
cash to suit the purchaser.
o-7td JOHN IRELAND, Attorney.
Evening capital. (Annapolis, Md.) 1884-1910, 1886-10-11
KNIT HMMOCKS.

Admit sizes $50, Child[en's ~
81 D. Made and sold by MES ) T. loon =
DUFFY, 90 King George s pt;cs d cents
below Maryland Avenue ffice ie2s
extra by mail.
Evening capital. (Annapolis, Md.) 1884-1910, 1886-10-11
TIN AND SHEET IRON WORKERS

We make specially of this branch
of our business, in the way Of Roofing
and Sporting.
D6-Orders from the county receive
prompt attention. Call and examine cur
stock before purchasing.
We furnish all kinds of castings for
stoves ond furnaces at short notice.
w. fl. F. WILSON & SON,
oS-tf. 90 and 81 Main street.
Evening capital. (Annapolis, Md.) 1884-1910, 1886-10-11
ALSO PLUMBING

In all its branches done at short notice
and at low prices.
Evening capital. (Annapolis, Md.) 1884-1910, 1886-10-11
JOHN IRELAND, Attorney at Law.
Mortgages PeremptOrySale
ifMi Dwelling House Property iflAi
IN ANNAPoLIL CITY.

DY virtue Of a power in a mortgag GO
Id from F. Weston Hyde and wife to
Mrs. Hester A. @. Ridout, dated LIST
July, 1881, and recorded among the
Land Records of said county. in Liber
S. H., No. 10, folio 20, &C., the under
signed, as attorney for the mortgage
named in the mortgage, will offer for
sale at the Court House door, in Annap-
oils city, on
Saturday October 3Oth, 1886,
at II o'clock, a. d.,
the property mentioned in said mortgage
consisting of a LOT OF GROUND In
said city, fronting on Market Space, and
improved by q
Evening capital. (Annapolis, Md.) 1884-1910, 1886-10-11
For the Charleston Sufferers

SUBSCRIPTIONS TO the EVENING
CAprrAL fund are as follows:
Evening capital. (Annapolis, Md.) 1884-1910, 1886-10-11
GLOVES:

A BEAUTIFUL 5 Button Kid Glove $l.00.
All the leading styles in Kid and Cash
mere Gloves from % cents to 50 80.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08

not seen nor heard of until thirteen
years ad passed.
In 1882, something impeIled him to
venture back 70 the scene Of his crime,
and be was again arrested and put pn
trial for bis life. His conviction fol-
lowed, and in the spring Of 1883. he was
sentenced to death. Friends of the
man, believi e that his crimes were COM
m'tted when he was insane, and being
advised by good lawyers that the con-
viction was Illegal, carried the case to
the supreme court. where a supersedeas
was granted, and on q change OF venue
the case was brought here. In behalf
of Packer the biief submitted to the
Supreme Court held that the law under
which be had been condemned TO death
was not in existence az the time OF his
crime. The murder law then in force
had been repealed, and a new one sub
stituted. The court decided in accord
ance with this view, that the man could
not be tried under law which had been
repealed. and certainly not under
Que which hsd not been passed
until ten or twelve years after
the alleged offense. When this
ruling was received here, Packers
attorneys moved for bis dismissal, but
the presiding Judge denied the motion.
holding that the laws bearing on man
slaughter had not been changed, and
directing that an information alleging
that crime be fled against him. for
that offense, il convicted. be can be
sent 10 the penitentiary for ten years.
but he never viii be hanged.
Packer has been IN jail here for nearly
three years. and has attracted much at
tention from tourists. He has let his
hair and whiskers grow until they are OF
wonderful length. and from them he
has made many little articles. which he
has sold to curiosity-hunters. He is
highly elsted over his prospects OF
escaping with his life.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08
SOiet and Dyspepsia.

Most authorizes are of the opinion
>it cheese is indigestabIe, yet even Oh
rs point doctors cannot agree. A
azsnguished French chemist has sug-
ss.sd that, 10 render cheese digestible,
quarter Of IN ounce of potash should
Z added 70 every pound OF cheese;
me q German chemist has expert
-s5led upon several kinds of food
zen as cheese, meat, milk and eggs
Alu ne boldly declares that cheese is no
.9re lndigeSuble than meat aRd many
ether articles OF diet. Some d ctors as
~. nat supperS are not onIy unneces-
-Iy, n1t positively harmful; that
~ ~ q steep cannot be obtained after
mem: and that three meals a dsy are
se---eient. On the other hand, others
- - " opinion that a light supper is
',-.ssaly - procure sound sleep. After
go - they say, blood is drawn toward
- = !, s1olaach 70 supply the Juices needed
- l-sesuon. Hence the brain receives
=. - oood than during fasting, becomes @
80 am the powers become dormant.
therefore. ensues. A doctor saws
a-1 recently he was called at , am. to
taly Who assured him that She was
I The body was warm, he saws,
- y -leaTt doing honest work. TO her
l4aon he ordered buttery bread
eaten at once. Obeying, the
!lg woman was soon surprised by
rJ sun OF life and 3 desire to sleep.
- generally considered a peculiar
i ~ 1--we 1--WE nuid-indeed. a perfect food
--SSIelore suitable for persons of all
N9en II agrees wit - their stomachs;
~ Iess an authority than Sir Henry
-pSon states that for US who have
$50 achieved our full growth and
l5lNe on sOlid food it is altogether
az SSl3iuouS, and mostly mishievous as
lie also saws that the pri-
~. Oolect OF drinking Is to satisfy
~, ana that wate- is more powerful
1i--ls eRa when employed free from
Cues with any solid material.
i..t9.aie' thick socOe, or even milk,
/, ,,Its.Ielo5e not so eficacious in alIav-
mist as water. $50 plentiful is
!. -.,93est" be adds, THAT the very
pace where we should seek that
t ~. Is the drink which accompanies
e,v,-..-hary meal" In this respect. at
VII re Sir Henry Thempson is at one
'ae Tegetarians.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08


In connection with this case, the Den
yer Ns,rs has the following in reference
TO il, and il is probably correct
The case is so well known that the
briefest summary will suffice: Packer
formed one of q party OF twenty-one
prospecto-s which left Utah in january
1874, for the San Juan country. At
Dry Greek, Colorado, Packer and FIVE
men left the main party and headed for
Los Pinos agency. That was the last
seen of them until the April following,
when Packer turned up at the agency.
He told many conflicting stories as 70
the fate and whereabouts of his COM
panions, stating at last that they were
all dead and that he had been Obliged TO
live on their flesh.
He was suspected OF having murdered
the men and on failing 70 conduct the
search party to the place where they
lay. he was arrested by General Adams.
remained at large until 1888, when he
was rearrested near Cheyenne, Wyo.
When brought to Denver, he stated that
he had been obliged to kill Bell in self
defence, but that Bell had killed the
rest OF the party in his Packers lab.
sence.
He still maintains the same story.
Public opinion seems 10 side neither
one way nor the other down here, aud
the greatest curiosity is manifested as
to what the Jury will do. Everybody
wanted 70 see him have fair trial. and
win be satisfied with whatever the jury
decides
Later-After being out three hours
they retained a verdict OF guilty of
granddaughter as charged in the five IN
dictments
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08

. force Of United States soldiers has
.,aeo operating against Geronimo, the
,olabraied Chiricahua Apache chieftain,
inc Nav 1885. With odds as TO num-
.ars and material terribly against him,
~ indian has more than managed to
IA his own against his powerful enc
80. 4 few months ago negotiations
'rsrs opened between him and General
Cnoz. and the hope IVES INDUCED that
H. troublesome Apache would surrender
binsslf and his little hand to the United
So officers, but he dexterously made
N and according TO latest accounts is
IN Mexico probably two hundred miles
Instant from any American troops.
|fbers Is q report that General Miles,
No succeeded General Crook in COM
hand Of he Arizona Department of the
snHsH Division of the Pacific, has sent
Irisndlg Apaches with message to Ge-
|oninO. proposing his surrender Oh con-
Eiti5ns favorable to him. There is not
uush military glory in chasing Indians,
nd outing an end to a wearisome cam
aisn in the way stated probably would
e 3 wise course. ~
Geronimo is said to be a Mexican by
Iinh, but he is manifestly an Indian in
loOd. He is inscriptions and cruel.
hres years ago he surrendered to the
nited States troops after a campaign
the Sierra Madre, when the late
sllant Captain Crawford, at the head OF
force consisting of one hundred and
|-ty Apache scouts, defeated him.
4 he is now suffering from a wounded
II. and the body OF forty Indians of
q On be is at the head are anxious TO
III TO their own country. Such is
report, which certainly presents feat
r favorable to the expectation that
campaign against Geronimo is draw
Eto close. The women in mis- party
armed with rifles, and are sail to be
s0mpeteat warriors as the men; but
she forty persons under his leadership
lule children, a conflict between them
4 the United States cavaky could
Eily result in an Indian victory, and
1uued retreat must be . dull job.
Gouli Geronimo again come under the
nd OF American power, IL Is to be hoped
lt be will be prevented the opportlH-
Ft0 escape from It and commit such
o7dy atrocities as are associated wit
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08

IN READING AND FILING THE PETI.
W ton Of Thomas J. James, administrator
setting forth that he has fied BIS final &C.
count OF his administration upon said estate
In this court, that all the debts aud expenses
OF administration have been fully paid, and
that portion Of said estate remains 20 be
divided among the heirs OF said deceased,
and praying among other things for an
order allowing the final account and OF dis
tribution OF the residue Of said estate among
the persons entitled.
Il Is ordered that all persons interested in
the estate OF the said Joseph James. de-
ceased. be and appear before the Probate
Court Of the County 81 Salt Lake, AZ the
Court Room. OF said celrt, In the County
Court house, on the 2sth dag Of August.
1856. at IL O'Clock a.m.y then and there 20
show cause why an order allowing the final
account and Of distribution should not be
made of the residue of said estate among the
heirs and deTises of said Joseph James,
deceased, according to law.
II Is further ordered tka< the Clerk cause
copies OF this order to be posted In three
public places IN Salt Lake County. and pub
lished IN TIE SALT LAEE HkEALD, a news
paper printed and circulated in sad Lake
County, three weeks successfully prick to
said 18th dR Of August. Iss6.
Dated-Ausnst ffh, lseS.
TERRITORY OF UTAH.
COUNTY OF AT LAIR,A
l. Snull =. OlLlcIf OlelA % lie ELNhAtc
CoOSi in and Ter the County OF Sals Lake, in
the Territoryrof Utah. do hereby certify that
the foregoing Is full true and correct copy
OF order appointing time and place Cor SETTLE
ment of hnGlaccount and distribution, In
the estate of Joseph James, deceased, as ap-
pears of|record in my Office.
In witness whcaeof, have hereunto
sesny hand and sefxed the seal %
[sEAI=l said Court, this An day OF August.
AID. 1sS6.
JOHN g. CUTER,
Probate CleFk.
S.w. DAEKk, Attorney.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08
Pnssi Pu.sl Pns.l

Sure cure for blizd, Needing, and
itching Piles. One box has cured the
wont cases Of ten Year, standing. No
one need suffer ten minutes altar using
this voaderful Kinks German Pile
Ointment Il ahsorSs tzHos, allays
Tie itching at 0oos, acts - Q pezlttos,
gives instant rolisk. Ktxkin Rns ONT
nsnt h prepared ealy fs< rtaes and
by eur Agent.
Bold By DragGista; sat By nal O
rssslet q prios, &c. and 81 90 per hez.
D. o. o. BHTOH, Pnss..
Cleveland. Q.
NaA ~ Z an L Ds1e BAseA 9
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08

WHEN DoCToRs cannot help ysz
then take Gilmore's Magnetic Elixir fel
your Threat and Lungs. For saIs q
A. O. Smith q Co.'S Drug Stone. 2
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08

any love, what magic spell Is thrown
Upon your FACET It's charm own
Whence came thy pure and pea1iy
teetk2
Thy rosy Hpsl Thy perfumed breathr ~
She said, in accents sweet and clear,
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08

EERvE-LIFE AND vIGoR restored
in men and women by using GhmotsCs
Aromatic Wine. For sale e a. ~
Smith & Cos Drug 6tsne.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08

JAMES SULLIVAN of Salem. Ore
gon, says he was cured Of the Asthma
By Gilmore's Magnetic Elixir. Fol
sale alta. C.Smith & Co.'s Drug Store. !
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08

EasTr-s- 'IPT AND PLEAsIss WAY OF
|HlIr,, ?, Asthmatic Wheezlng. Use
Prs 1 10 IT or HoBEHoUKD AND TAR.
lsnuts IooTHAcHE Doors Cure in one
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08
sAIr LIKE g., Nov. 2s, lss

The Hot Sprisgs mineral wate1 has
been tried by US, and We can Ireeiy
recommend It TO the trade as equAi "
the best imported brands.
GoDBx PTTTs DRUG 20.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08

Other testimonials 10 the exceneot
curative properties are being constantly
received. These waters can be sniPPeu
in bottle or bulk TO any part o. tne
country. JoaH BEcKi Propr.
Bex zs4, Salt Lake.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08

Order appointing time and place 70 hear
petition for distribution
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08
LEGAL NOTICE.
In ne Probate Court N and for Sal
Lake CoSzty, TerritoTy Of Utah.

In the nasser Of TIE estate Of Joseph James,
deceased
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08
The Mirror

Is no fatterer. Would you
make it tell a sweeter talef
Magnolia Balm is thecharm-
er that almost cheats t1s
looking-glass.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08
Our Indian War.
GERONIMO,

rus HOSTILE APACHE CHIuTAE WHOM
ouR soLDrEBs FEI To Capture.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08
BEcK,s Hor sPRINes.

PdYate and plunge baths eonstaatly
speE: rooms fox invalids, fitted up IN
arst-class style, now ready medicinal
waters constantly on draught; elegant
dressing rooms lifted up with al the
modern conveniences the best OF meals
furnished at all hours. With the Spen-
ing OF the season daily trains will run
from the Utah Central and D. & x. g..
depots.
The Hot Springs, Of Salt Lake City,
are superior TO the very best mineral
waters in the market.
- ]. NJ. BKSZDIcT, NJ. ID.
SALT LAKE CYTY, Nov. 18th, lSco.
SALT LAKE CRY, Nov. ., lsS6.
We can fully endorse the Hot Springs
mineral water as having no superior.
&C. II. I.DRUe DEPT.i
Per RoBiT CLEGHoKs,
Manager.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-08-08
MCCORMICK 8 Co.,
B A N * II II - ,
SALT LAKE CITY,. UTAH AND
HALEY, IDAHO.


Execute Orders for the Rorehase or Sale G
Socks and Bonds az New York and Sc.
The Hawaiian gazette., 1886-06-08
Supreme Court, of the Hawaiian Islands.
In Banco. April Term, 1856.
THE KING VS.. TAI WA.
BEFORE JUDD, c. J. M'cULLY AND PRESTON, ~.
Opinion Of the Court By JUDD

BEFORE JUDD, c. J. M'cULLY AND PRESTON, ]. ]
Opinion Of The Court by JUDD C..
This is an appeal from the Police Court O
Honolulu to the Court in banco on the poin
OF law taken that the charge should have
been dismissed as the defendant had beer
previously convicted of the same offense.
1t appears that he was charged with cruel.
| ty to animals, TO wit, ten mules, in Honolulu
on the II tn of March last. He plead guilty
and was sentenced The next day he was
arrested on warrant and charged Will
cruelty TO animals on the 10th of March, tc
wit, on two horses. 1t appears by the evil
! dence sent up that the mules were pack
train, and of the horses, one defendant rode
and the other he led. The horses were badly
CALLED on their backs and sides and were
much exhausted
The Act, Sec. l Chap. 81 Laws of 1884
prescribes; If any person shall over
driven, overload, torture, torment, deprive
OF necessary sustenance, or cruelty beat, OF
needlessly mutilate or kill, or cause or pro-
cure to be oyer-driven, overloaded, tortured
tormented, or deprived of necessary susie
name, or TO be cruelty beaten, or needessky
mutilatod or killed as aforesaid, any living
creature, every such offender, shall, for every
such offence, be guilty Of a misdemeanor."
Single living creatures may be the subject
OF cruelty. The cruelty charged in this case
was the torturing and tormenting horse by
riding him while his back and sides were sore
and by leading another horse while in a
similar condition. These were distinct acts of
cruelty from those inflicted upon the mules
The defendant, bad the prosecutor so chosen,
might have been charged with the offense Of
cruelty 10 each of the ten mules, for the fact
that they were fastened together by leading
lines as to make one train did not destroy the
individuality Of each mule and make each
one incapable of being the subject of cruel
treatment The horses were clearly distinct
from the mule train, and acts of cruelty to
the mules were not acts of cruelty to the
horses.
We think the conviction was right and the
former conviction no bar to the second charge.
Appeal dismissed.
Z Honolulu, May 81, 1856.
The Hawaiian gazette., 1886-06-08

sciience Of transportation in a case punishable
oHy with death, and the defendants bring
erlor, this Court can neither pass the proper
Sentence, nor send the record back to the Court
below in order that they may do so, but the
judgment must be reversed and the defendants
discharged"
Ne think the defendant is entitled TO his
discharge and so order.
Attorney General for the Crown; Ashford s.
Ashford for defendant.
Honolulu, May 81, 1856.
The Hawaiian gazette., 1886-06-08
FAMOUS WATERS
THE EQUITABLE
Life Assurance Society
OF THE UNITED gpArms-
No. 100 Broadway, New York.
ESTABLISHED IN 1880

Issues Policies all the best Plans among which
are to be found many new departures containing fea.
taxes not yet in in other companies aiming 10 I'D
comfort and security Of. the POLICY HOLDERS.
This Company may be safely called the Pioneer in
most OF the important Insurance reforms and !or this
-eason well rs many others. it now iransacts the
largest Yearly business done by any one company in
The Hawaiian gazette., 1886-06-08
Supreme Court of the Hawaiian Islands
April Term, 1856.
THE KING vs.. TAI VA,
BEFORE Mr.. JUSTICE n'o9lrr HOLDING TIE III

BEFORE MR. JUSTICE M'oUIIF HOLDING The 1KH,i
Opinion Of tie coarf. per JUDDCL
On appeal from the Police Court on point o
law.
The defendant plead guilty to cruelty to an
finals, to wit, ten mules, and was fined $40 an,
sentenced to Imprisonment at hard labor fo
! ten days.
Tue defendant appeals on the ground thai
the sentence was erroneous, it being fine ans
! Imprisonment, whereas the lay does not au.
thorize a sentence Of imprisonment.
The statute, Sec. II Of Chap. 81 Of laws Of
1854, reads: ANY person convicted under the
provisions OF this Act shall forfeit and pay
any cum not exceeding twenty dollars, will
or without hard labor not exceeding one month
In the discretion Of the Court"
We notice that the statute does not authorize
Imprisonment, there being an evident omission
of necessary words. The sentence therefore.
imposed by the Police Justice is illegal.
The counsel for defendant contends that he
is now entitled to be discharged.
The Attorney General contends that the
case should be RENTED to the Police Court for
legal sentence.
On habeas corpus, the Illegal sentence being
shown to the Court by the mittimus, the de-
PENDANT would undoubtedly be entitled to a
discharge. The statutory proceedings by writ
Of error authorize the Court to modify the
judgment, or remand the case for new trial;
but error does not lie in a criminal case. Il
IS urged with some force that an appeal brings
the case before the Court De moro. But while
general appeal may have that effect, an ap-
peal on points Of law is substantially an ex-
ceplion to the ruling Of the Court below, and
raises an issue of law. The only error here is
in the sentence.
10 Eliot Is. Tie Peepe, Is Mich. se5, the
Court held when the sentence imposed By the
Court upon the prisoner IS in excess of author
ity, and therefore unlawful. the Conri cannot
substitute for such sentence, lawful one,
and, Il there Is no error except IN the jndg-
meni, there can be no new trial, nor can tie
Court below give a second Judgment, hence
the prisoner mist be discharged
In The King vs. Bourne Ct. al, Adolphus
and Ellis, So, It vas held that where an
srroneous Judgment is given b. an Inferior
SouFt on valid i1dictmeni Gas By passing a