davidaulloa/AmericanStories huggingface dataset:
The Londonderry sifter. (South Londonderry, Vt.) 1883-19??, 1888-05-10
TREATING THE WRONG DISEASE

rs they imagine, one from dyspepsia, another I
,haustion or prostration, another with pain her
and Indifferent, or over-busy doctor, separate an
e such, when, in reality, they are all only spnptol
, encourages his prncticc until large bills are ma
rropB treatment and consequent complications :
ID have entirely removed the disease, thereby {
d misery.
The Hawaiian gazette., 1888-09-18
A blooming Lord.

Lord Robert Cecil, Lord Salisbury's
third son, who is going to marry Lady
Eleanor Lambton, Lord Durham's sister,
is barrister, and was called to the bar
last January. He is considered young
man Of great promise and ability, and
the flower OF the family. Lord Gran
borne is a good speaker, but, owing to
his Indifferent health, he has not had
many opportunities OF distinguishing
himself. Lord William was hard
working curate at Yarmouth, but IS now
going to the rich family living at Hat
field. Lord James is q soldier; and an
other son, Lord Hugh, has yet to win
his spurs. Lord Robert ought to
succeed at the Bar; for ne has 9
pleasant manner and appearance, -
a good speaker, and on his mothers side
ought to have inherited the legal quail
ties of his grandfather, Baron Anderson,
who was one OF England's greatest
LAWYERS, and who, besides, achieved the
distinction, never done before or since,
of being both Senior Classic and Senior
Wrangler of his year at Cambridge:
Lord Robert will be the first member OF
the aristocracy, il he succeeds at the bar,
who will have begun his career with the
distinctive title of My Lord" No one,
| believe, has ever attempted legal
career in such circumstances, and 1t Will
be curious to hear how Judges will ad-
dress the noble Lord when he Is pract1s-
ing before them.
The Hawaiian gazette., 1888-09-18

its institution" the Court did so, but
aided "but it is primG facie evi-
dence."
To these instructions the defend.
ant duly excepted
1t appears from the evidence that
on the case being called at the
Police Court, the defendant with
drew the charge, and stated he had
made a mistake.
Counsel for defendant cited:
Stone VS. Crocker, "a Pick SO.
Wade VS. Walden, % I'll. 1853.
Thorpe VS. Balliett, 25 Ill. 337.
Israel VS. Brooks, % Ill. 526.
Counsel for plaintiff cited amongst
other authorities.
Potter VS. Casterline, II Droon (32
n. j. %.
Burbans VS. Sanford, 19 Wend. 421.
Fay VS. ONeill, 36 n. Y. IL.
Ross VS. Irwin, 26 Ill 259.
We have examined the cases cited
on behalf of the plaintiff, but do not
find that they support the instruct
ions given and excepted to.
We are of opinion that the instruct
ions as given cannot be sustained,
and this view is confirmed by numer-
Gus authorities, amongst these we
refer to Israel VS. Brooks, % III. 526
where, on the trial the Court in
structed the jury shat the discharge
of the plaintiff by the examining
magistrate is priHia facie evidence of
I the want of probable cause, and suf
ficient to throw upon the defendant
the burden of proving the contrary"
This instruction was copied verba
tim from 2 Greeuleaf's Evidence, Sec.
455. But Mr.. Justice Breese in de-
livering the judgment of the Appel
late Court denies that the case of
Secor VS. Babcoek, 2 John. 253, cited
in support of such principle, does SO
decide and says, ''To what does this
amount ? Why to this, that every
man who appears before magis-
/ trate to give information of crimi-
nal offense, incurs the hazard of a
prosecution against himself. should
the magistrate happen to be ignor-
ant. prejudiced or corrupt. How
many magistrates are there in Oh
scnre localities, who are as little cap
able of determining what is probable
cause for a criminal accusation, as
they are of explaining any of the
phenomena of nature. How many
do We find prejudiced against pub
lie accuser, how many in sympathy
with the accused. The decisions of
such an official on intricate questions
of law or fact, should not weigh
against the accused. 1t is not pima
fdcts evidence of his guilt and how
preposterous is it to say the dis
charge of the criminal is 2rima facie
The Hawaiian gazette., 1888-09-18

evidence of want of probable cause.
It is not so and should never be so
regarded. The fact may go to the
iuTy that he was discharged by the
magistrate but no such inference
unfavorable to the accuser should be
drawn from it."
In Stewart VS. Sonneborn, SO .. 5.
r. 1872 the Court say, Notwith-
standing what has been said in some
decisions of distinction between
actions for criminal prosecutions
and civil suits, both classes at the
present day require substantially the
same essentials" and at p. I95 the
Court further say@"1n every ease'of
an action for malicious prosecution
or suit, it must be averred and
proved that the proceeding instituted
against the plaintiff has failed, but
its failure has never been held to be
evidence of either malice or want of
probable cause for its institution"
If the contention on behalf of the
plaintiff were correct it would follow,
that all a plaintiff would have to do
would be to prove his arrest and dis
charge. The discharge being evil
dence of want of probable cause,
would therefore be evidence of NAL
ice, and the plaintiffs case would be
complete, and the burden of proof
would be shifted to the defendant.
AS we are of opinion that there
should be new trial on the excep-
ton we have sustained, we do not
think it necessary to discuss the other
points raised by the other exceptions.
Our decision is that the verdict and
the judgment entered thereon be set
aside and new trial had between
the parties, but as Mr.. A. G. Smith,
witness in the former trial, has
since deceased, and his evidence ap-
pears to be material, we make it
condition that his evidence, as ap-
pears in the bill of exceptions may
be read by either party.
V. V. Ashford for plaintiff A. S.
Hartwell for defendant.
Honolulu, August 3, 1888.
The Hawaiian gazette., 1888-09-18
Railways in the United States.

There are 5O,OOO miles of railway in
the United States; 100000 miles OF rails
in length enough to make twelve steel
girdles round the earth's circumference.
This enormous length OF rail is wonder
ful-we do not really grasp its signifi-
canoe. But the rail itself, the little sec
ton of steel, is an engineering feat. The
change OF its form from the curious and
clumsy iron pear-head of thirty years
ago to the present refined section Of
steel is a scientific development. 1t is
now beam whose every dimension and
curve and angle are exactly suited to
the tremendous work it has to do. The
loads it carries are enormous, the blows
it receives are heavy and constant, but
it carries the loads and bears the blows
and does its duty. The locomotive and
the modern passenger and freight cars
are great achievements; and SO is the
little rail which carries them all.
The Hawaiian gazette., 1888-09-18

than three hundred dollars in respect OF each such
Chinese so in custody or on ball. conditioned for the
prompt deportation from this Kingdom of all such
Chinese as shall be upon such proceedings denied the
right to land in this Kindom together with all costs
and expenses incident to the custody of such Chinese
while awaiting such deportation such vessel shall be
allowed to depart the Kingdom. All bonds IN this Sec
ton provided for shall be deemed forfeited and suit
may be sustained thereon unless within thirty days
from the rendition of final judgment denying the right
of any Chinese respect of whom such bond shall have
been given to land in this Kingdom such Chinese shall
be deported from this Kingdom by the obigar in such
bond"
SECTION Sc. No court of this Kingdom shall release
or permit to land go abroad in this Kingdom upon
habeas corpus other proceedings any Chinese who
shall have from ports beyond the Hawaiian
Islands unless such Chinese shall show affrmativey
that he possessed and presented valid permit personal
to himself, to enter the Kingdom"
SECTION 3D. Any vessel by upon which any
Chinese shall be brought into any port of this Kingdom
without permit personal to such Chinese to land IN
this Kingdom shall be liable for any penalty that shall
be adudged against any officer of such vessel IN respect
of the bringing of such Chinese to Hawaiian ports, or
landing or attempting to land, permitting to land
such Chinese upon Hawaiian shores, or permitting
such Chinese to escape from such vessel within the
Hawaiian Jurisdiction, for refusal of such officer to
re-embark or deport such Chinese and such penalty
may be enforced by the seizure and sale Of such vessel
or any of her apparel or furniture after rendition OF
decree to that effect in any court of competent ursdc
ton Whenever in the of any prosecution or
other suit under this Act any person shall allege IN
defense of such prosecution suit the possession by
himself or any other person or persons OF permit or
permits to enter this Kingdom, it shall be incumbent
npon the person so alleging such possession to prove
the validity of such permit permits to allow the
person or persons possessing the same to enter this
Kingdom"
SECTION T. Nothing in this Act contained shall be
construed to repeal amend Paragraph of Section
of said Chapter XVIII. of the Laws of 1897
SECTION s. This Act shall take effect from and after
it's approval and all acts and parts of acts in contraven-
ton herewith are hereby repealed
Approved this tenth day of September A. D. 1888
KALAKAUA REX
By THE KING:
L. A THURsToN,
Minister of the Interior
The Hawaiian gazette., 1888-09-18
Distress in Montenegro.

The London Daily News correspond
ent at Vienna telegraphs (AugusD: l
learn from Cettinje that owing to the
prevailing distress, Ministers have been
summoned to confer with Prince Nicho-
las at Antivari. The Russian Minister
has left for st. Petersburg with a report
on the painful condition OF Montenegro.
Twelve thousand roubles which were sent
by Sclavophile societies in Russia lasted
only one week, 10000 persons being en-
tirely dependent on charity for food. 1t
is 100 years since the country has e1-
perienced such heartrending misery.
The Hawaiian gazette., 1888-09-18

Mr.. Henry Norman (the Pail Mall
Gazette's commissioner seems to be
sparing no pains to acquire thorough
insight into Japanese institutions and
conditions. He has visited the courts,
the prisons, the University, the principal
colleges, the police offices, and several
industrial establishments in the capital.
Yesterday he witnessed long series Of
military exercises performed in the pres
ence of the Emperor at the Toyama Mil
itary College, and subsequently he had
the honor OF being presented to His I'm
perial Majesty. The consideration thus
shown by the Emperor for the Press, in
the person OF one of its English repre-
sentatives, is significant incident OF
Japanese progress-Japan Mail.
The Hawaiian gazette., 1888-09-18

JUDD, G. J., M'cULLY, PRESTON, HIcKERToS,
DOLE, j.
Opinion Of the Court BY Preston j.
This is an action for malicious
prosecution of the plaintiff on a
charge of embezzlement.
The case was tried at the April
Term before Mr.. Justice Dole and a
jury, when verdict was returned for
the plaintiff.
Defendants counsel excepted to
certain instructions given by the
presiding Justice to the jury, which
exceptions were duly allowed.
The first exception is to the fol-
lowing instruction: "To put the
'criminal law in motion without any
REASONABLE and probable cause, is
wrongful, and if thereby another is
''preiudiced, in property or person
''there is that conjunction of injury
@and loss which is the foundation of
ian action"
Counsel for defendant contends
that this instruction was wrong as
it omits the word "naliciously." 2
Addison on Torts Sec. S52.
We consider the objection to be
sound, but as the Court subsequent
", at the request of defendants
counsel, instructed the jury as fol
lows "The case cannot be sus-
4tained, and the jury must give their
"verdict to the defendant. unless the
plaintiffs evidence shall show to
"their satisfaction that the prosecu-
@tion was attended with malice on the
Fpart of the defendant, and also was
%instituted without probable canse,
fmalice alone is not enough. Nor is
@want of probable cause alone suf-
';fcient. both must concur in order
ito sustain the suit''-we think the
misdirection was cured, and that the
Jury were by the last instruction,
sufficiently instructed as to the law
involved, and therefore oyerule this
exception.
The iury were also instructed that
4The withdrawal of the prosecution
is prima fdcis evidence of want of
probable cause, open, however, to
rebuttal by evidence and upon
being requested by defendants
counsel to instruct the jury that
g the failure or withdrawal of the
prosecution does not of itself au-
thorize, nor is it evidence of either
malice or want of probable cause OF
The Hawaiian gazette., 1888-09-18

"Caress" is the name OF new Post
office in West Virginia 1t lnay yet rival
Kissmee, Fla, as popular resort.
A little girl in Augusta, Me-, who is
very enthusiastic over the national game,
recently startled the household by crying
out in her sleep: "What a mean UNI
pire."
The Hawaiian gazette., 1888-09-18

In the Supreme Court of the Ha-
wairan Islands-Lu Banco. July
Term, 1888.
j. S. MARTIN VS.. L. B. KERR.
Bill of exceptions to Instructions Of Court
az trial.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-04-04
Royykrs. DRESSES IyD WRAPS IN PLENTY.

Those who failed to get their bonnets and their
spring for Easter have no need to despair
There yet Tine and tho supply OF bonnets Is still large
Some Of them and some Of the best Of them, too were
exhibited yesterday, and will be exhibited to-day and
TO morrow by J. & c. Johnston, at broadway, Fii-ave
md Twenty Extensive changes have recently been
made arrangements Of tn two lower floors OF the large
store which greatly improved the appearance Of the
Mace ind have added the eonveniences for dis
playing and selling goods.
French bonnets fern special feature OF the present
exhibition. They bear concealed about them
tho names of the famous mners Of
Paris and 10 one who has q taste for such
things they are interesting Academy exhibition
Though the may wonder what there is SO hard
10 produce about things often simple, yet always SO
tasteful no who understands them detect marvels
in the arrangements OF veves and dellcaely shaded
green and pink ribbons, tule, flowers, leaves, unse,
straw and One Il the germs OF the collection Is
bonnet Nine Eugene, composed chiefly OF trailing
abutus and trimmed with Nile and moss green and pale
salmon coored ribbons, and delicate pink plume An
other that pronounced to be an dy-or an ido-is
hat OF moss green straw decked with cream olored
ribbons sweet peas and grasses
The flowers that have yet found resting place
hats and bonnets a fine show. Somebody who
was dou ss Of wag than milliner, has sagely
remarked flowers that bloom in the have
nothing do With the SPRING, but the flowers In the
case here and the case, and In all sorts Of pretty
all about have at least chosen this time OF
the year to be seen, and II they do not bloom In the
spring." they have spring opening" Blue flowers
are especially common, and yiOies forget nots acs
neoropes and old Emperors flower are made and
displayed SO deceive the elect Roses are abundant
| too, and many Of them excellent limitations and
there plenty Of buttercups daisies and lilies OF inc
| valley.
The suits that shown some Of them made by the
nrm and Of them imported fror England France
and Germany deserve and receive favorable comments
and there is an excellent stock OF wooen wraps with
| bead trimmings, chiefly from Paris and Berlin Inc
| same cities also send many petty ckldren's sulis
| There is an excellent line Of camers hair shawls
with the name OF camel then," and the prices
OF range from $50 $40 to almost anything snort
Of four figures.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-04-04
NEWARK.

Gottfried Induhoh, who manglcd under tho
wheels of a train at the Commercc-st. crossing of
the Pennsylvania Railroad on Monday night, died
yesterday In the hospital His wife and four children
we're with him when the accident occurred
Charles Ulrch, age fifty four, who occupied room
at No. 4e6 Market-st., swallowed q dose of Paris
green yesterday lie a workman In Balbachs
smelling works, and earned good wages. At the
hospital he said he wanted to die and be crcmated.
While some worhmen were making an excavation
opposite No. 175 Em-st yesterday the ground caved
n All tho worluncn escaped except John Dougherty,
a plumbers assistant, who crushed and smothered
to death The dead man lived at No. 147 Canalst.,
and leaves q vito and several grown children
A suit for $4,000 damages for libel was begun
Yesterday against Mrs. Trefz, proprletr>ss OF q
brewery in Beacon-st and owner OF Baums Hall
Mrs Trefz is accused of applying approbrlous names
to Mrs. Baum and her daughter, Lena
Judge Depuc yesterday delivered his charge to the
Grand Jury. After referring to some criminal cases
no dwelt upon the subject Of dsorderly houses and
The necessity for their suppression. He defined the
law regulating the liquor traffic, and impressed upon
the Jury tho duty Of investigation and Indictment IN
cases Of violation Of the law.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-04-04

steamer Initiative Utah. Pinsat. Mediterranean ports
Steamer Assyrs Br spitta. Mediterranean ports-Hsn-
Steamer tBr) wetherim. Newport
News-Thebaud Bros
steamer Geo W CLYDE Homs Turks Isand. San Domingo
CITY, &c-Wm CLYDE q Co
Steamer AlveDa (Brl. Mackay portauPrnce Kingston,
&c PIN. Forwood & Co.
Steamer Stamford tor). Christensen. Baracos-Gomez
Pearsaf.
Steamer Yemassee Plat. Charestona and Fernandna-wm
Steamer Tallahassee Fisher. savannah-Henrv onge.
Steamer city oi Augusta. Catharine Savannah-henY
Yonge
Steamer Guyandotte Kelley. Norfolk and Newport News
OLD Dominion So Co.
Steamer Breakwater Dole. Point va-old Dominion
SIS CO.
Steamer Lucy Miller, Homer Buoksport Me-F Smith
Co
Ship Colchester OBJ Mckenzie HalfsI-Snow Burgess
- Brig Robert Nave. Peterson. st Pierre Martinique-h
Trowbridge's Sons.
Brig scud. Givan Bridgetown Barbadoss-L W & Arm
strong
Steamers Arizona for LlyerpOo Mark Lane Lisbon lnz-
ativa Barcelona; Assyra Leghon Jerome. PARA Cnefo
Ships Hilaria for Yokohama Pythsmene Calcutta; VIM
Douglass, Halifax; Treacurer. =. - ,,,
oilers kiolm; Marie. Bromon; kestrel.
Aspnwal Flash Light Demerara; Antoinetta Accame, -
Brig Scud, for Barbadoes.
THE MOVEMENTS OF STEAMERS.
FOREIGN PORTS.
LONDON Aprl 3-Arrved, steamer Polara (Gsrl Schafo
from New. York via Newport News 80, -, t.,
Sailed steamer Egyptian Monarch (Fr). Harrison, for
IEIrH April 2Arrved steamer Critic tBr) Davies from
CmRIsTIASsASD. April 2-saed. steamer Hekia DAM.
Thomson. from stettin hence for New-York
RIO JAsRIRo April SAILED steamer Tycho Brahs tBeg.
Gregory for New.York.
lF0r later shipping Neva U any. ace FVth Pass)
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-04-04
BOTH THREATEN TO KILL THEMSELVES.
ONE WOMAN WILL IL SHE Is DISC

ONE WOMAN WILL II SHE Is DIS0wNkD - TIE
OTHER WILL IF THE FIRST Is TAKEN BACK.
The Russian girl, Sara Gezof who was lost IN BROOK
yn last week. been discovered by her uncle, John
NJ Wermer, ono OF the chorus In the National Opera
Company She was unable to make herself understood
when she was found until interpreter secured,
when she said that she had lived with her uncle at No
II2 East One hundred and thirteenth-st, NewYork
and he had moved without telling hor whore he
going She had gono to Brooklyn to find him at the
Academy OF Music, where the Opera Company was
singing She was cared for at the Home for Frcndlcss
Women in Concordst., Brooklyn, until Monday even
ing when Detective Roddy brought her to this city
sns her uncle at the Academy Of Music Werner was
found but he said he did not want to the girl again
lie was told some ono would have to for her and
he rcpllcdi
"Well. won't do II. I am not going TO break up
nv bome NV wife does want to soc the girl again
ond don't care where she goes lie refused to speak
m the Girl and She ran into the street shouting
al viii kill myself" After timo she was quieted
and taken back TO tho Homo, In Brooklyn Mrs Wer-
mer was subsequently by the detective, and she
said II the girl returned to her house she would Kill ho
self Tho facts of the matter appear to be that tho
Srd ,s The niece of Mrs Werner, and the aunt Is ea
nus Of the attentions her husband pays TO Sara She
came from Russia live with Thorn two years ago and
has worked In a millinery establishment She told
Police Captain Campbell that her uncle was very afeo
tlouate tow srd her and sometimes kissed her 50 much
that her face was so red she did not dare 60 Into the
street The police sent tho girl to the Russian Aid
Society in this city yesterday.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-04-04
NEWS FROM TIE SUBURBS
NEw-JERSEY.

Caldwell has . dual government at present. In
consequence Of the blizzard the polls were open In
only one district on election day. and the Democrats
got majority Of the votes and claimed the offices.
The Republican Town Committee, acting under ADVICE
claimed that there had been election and refused 10
give up the official papers. The Democratic Committee
organized and made a demand for the papers, winch
was refused. The Republican Committee hold over
under the general law. Tho matter will probably DO
carried to the courts.
Mrs John sorter, living at sayrevllle committed sui
eide yesterday. She had been Ill and mentally de-
pressed.
Little Falls was ralded Monday night by thieves,
who robbed several places. They stole horse ana
wagon and drove to Newark. The turnout was found
yesterday In Lakest., Newark. and was claimed by
william Button, OF Little Falls.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-04-04
pUyrPAL OF JAMES wHITEHORyE.

The funeral OF James WhichoIpe, an old member ana
once secretary OF the National Academy OF Design TOOK
lace vest rday 10 a M, at his homc, NO lo9 East
ne hundred-and Gftecath-st 1he body was buried >
Calvary Cemetery, where services were held Some
acadenclans pres mt among them s. j. Guy, JARVIS
McEntee and S. r. Banshaw. Others present wero
many OF Mr. Whitehornes relatives and friends, among
them his brother Horace, his eldest son, James H. AMI
other immediate members Of the family, Mr. and Mrs.
]. A. salembrer Miss Casta Doughty, Mrs Couetta and
others.
Mr. whitehOrne well known among the artists
here. He was born in Vermont in Wellngfold, on
August %, 1903. When he child he came TO this
State taught school in Monroe County, was cabinet
maker later, finally took TO painting at Rochester
In 1925 he came this city He was made member
of the National Academy Of Design about 1881 and was
secretary OF the Academy at tho time Professor Moss was
presdent He painted the first tinted States Senate r
session for Senators Anthony and Edmunds Another
painting Of his Is a portrait OF Silas b. Wright which
hangs I'm the Governors room in City Hall. He was
married twice and had three children by each wife His
widow her and the eldest son by the first wife,
and four brothers survive him. Besides being painter
Mr. Whtehorne was q remarkable lingust and good
musician He taken i'll two days after the blizzard.
and I'D to an attack OF hemorrhsge which caused his
d.ah On Saturday entertained himself by ranslating
the Hebrew and Greek Bibles He maae also hai dozen
good viollns during his earlier life.