davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1908-09-27

prompt repeal. Yet IL will scarcely be
believed that 1t was not until the year
1918, until the happening of the case
of Ashford VS.. Thornton, that the at
tention of parliament was drawn to the
subject in an unmistakable manner
Then, and not until then, was the pro-
ceeding abolished.
Appellee Cowper subsequently be-
came Mr.. Justice Cowper of the court
of kings bench. The recollection of
his once having stood at the bar Of
that court as a defendant, on trial for
his life. did much to mitigate in his
case the usual ferocity of the English
judges of the time upon such occa-
sions.
Thornton had been previously tried
and acquitted of the alleged murder by
jury of the county of Hertford. But
the acquittal was no bar to a subse-
quent appeal of murder. because the
parties to the proceeding were not the
same. in one case the king being
the prosecutor and in the other the
private individual. Suffice 1t to say that
Thornton's case was brought before the
court of kings bench on a writ of
habeas corpus, and subsequent pro-
ceedings took place in that court Lord
Ellenborough presided as chief Justice.
With him sat Justices Bayiey. Abbott
and Holroyd. The appeal was read to
Thornton and his plea was demanded,
in which he soleinnly replied, Not
guilty, and | am ready to defend the
same with my body" And thereupon
taking his glove off he threw 1t upon
the -four of the court
1t was now Ashford's turn to accept
the challenge, or make some kind of
showing to excuse himself from so
doing. He was certainly not a very
valiant man in fight, because he chose
the latter course The death OF his
sister was not a sufficient cause for
him to run the risk OF death. So he
filed counterplea. by which he an
deavored to show that the proofs OF the
murder of his sister by Thornton were
SO evident, and the presumption OF
the latter's guilt so great, that he.
Ashford. ought to be excused from the
deadly conflict to which Thornton In
vited him. To this counterplea Thorn
ton replied. There was a demurrer by
Ashford and a joinder in demurrer by
Thornton. Finally the case came be-
fore the court for hearing on the ques-
ton. Did the facts stated in the coun-
terplea constitute any answer to Thorn
tons challenge and demand OF ''battel,"
and what judgment should be rendered?
Lord Ellenborough and his brother
Judges OF the court OF kings bench
We're sorely nonplused. All through
the argument of counsel upon the de-
murrer, which occupies go pages OF
print. they pelted the counsel for ap-
peliant with questions, doubts, distinc-
tfons and every conceivable difficulty
that could be imagined. Perhaps they
The San Francisco call., 1908-09-27

the business of his principal has a
right to recover all moneys which he,
agent, is forced to disburse on the
principals account D'Orsay recovered
in the action. This is all set down in
plain black and white in the fifth vol
ume of Horace Binney's Reports of
the Supreme Court of Pennsylvania
at pages 440-454.
There was another case which arose
In England, In the county of War
wick. In the year 1918. 1t was an ap-
peal Of murder, that is private prose-
cution for murder, begun and main
tained by one William Ashford against
Abraham Thornton for the murder of
Mary Ashford, the appellants sister
What an appeal Of murder is is soon
found out. Those who are interested In
the subject may derive instruction from
the report of the case of Stout VS.. Cow
per, found In Hargrave's State Trials.
There is also an animated account of
the trial in Macaulays history of Eng
land. volume 6. chapter XIV.
This case of Stout VS.. Cowper had
some interesting features The trial
took place at Hertford in the year 1899.
Sarah Stout was a beautiful Quakeress
and Cowper was a barrister at law.
There had been some tenders of affec-
ton" between them. Cowper was of
lnguiSned family or the middle
class. His family belonged to the
"aristocracy of intellect" brother
was one of the prominent members of
the house of commons on the whig
side. An uncle was at that time one of
the leading physicians of the Kingdom
Coming down the line of descendants.
one of his kin was William Cowper. the
poet, the author of John Gilpin's Ride
Spencer Cowper, like Abraham Thorn
ton, had been tried and acquitted from
an indictment for murder. But passions
were hot in those days, and men, es-
pecially politicians, not overscrupuIous
Spencer Cowper had seat in the house
of commons. The tories were upon the
alert and a chance was offered to gain
two seats, because another of the sup
posed murderers of Sarah Stout was also
member. So the ancient and barbarous
practice of bringing an appeal of mur-
der was resorted to. To this the prior
acquittal of Cowper and his CO.
defendants was no bar They were
again placed upon trial and no
effort was spared to secure their con-
viction. But in vain. The defendants
were again acquitted.
This trial, as we have stated, took
place In 1888. The prominence OF the
principal defendant the interest ex-
cited by the prosecution, the influence
exerted by the sect of Quakers. of
which the murdered woman was
member, all tended to create an inter-
est in the legal proceeding and to draw
the attention of parliament to it's ex-
istence and to the necessity for its
The San Francisco call., 1908-09-27
The San Francisco Sunday Call

ha could go to the moon. an back In 10
minutes every man IN town would have
hacked him. But they kept away from
him. which made him kinder sad like
whenever he'd come IN the bunch
would kinder cough an then one BY
one ye'd see them disappear careless
ike. but fer good. He hurt the trade,
hut 7 couldn't turn him out after all
the cash he'd earned for me, so / used
10 let him sit in the back room. He got
70 tankin' up pretty stidy an gttttn
all outer form He'd go erway fer
while ev'ry day and then come back
again at night
One time he gut drunk and KEEP
drunk fer three days. 1 shut him up
in the back room an so he didn't make
no trouble. but II was sad to see him
set there shakin' his head and sayin' to
hisself:
.They won't come round. They
think I'm haunted. An arter all the
sport I've given 'em they won't come
round"
He gut awful bad this night and
rolled under the table bout 10 o'clock
/ didn't mind him and after the boys
had gone went out to put up the shut
ters and there in the dark seen him
sober as a judge. | didn't say nothin.
but / know my teeth began 70 come
together like they was tryin' TO dance
a clog.
Jake" he says. solemn like. rs
Jake in there?"
"Don'tr' says l. DON'T II yere
dead, go way. TIl-Ill bury ye in tn
mornin'. I'll swear I'll bury ye, Jake
rs he in there? says the voice
agin. "'Cause if he is 1 must knock
out a couple er teeth"
He opened his mouth and I seed that
a couple er teeth was missin' in front.
He must ha' lost EN- when he fell agin
the table TO the floor.
III put them back" says l. "I'll put
The San Francisco call., 1908-09-27

'em back when bury ye"
Come in" says he.
/ goes in on legs made OF wet grass 4
and he leads me into the back room(
Then sees the body there on the
floor. 1 looks at 1t and then looks at
the other long side me. The one long
side teches my arm and says:
Il know yere his friend" says he.
You'll understand. Seep'
He opens his mouth agin and shows
the missin' grinders. Then I comes TO
an takes a long breath. 1 sees it all
sees 1t plain as day. I reaches down
an teches the one on the floor. Yes
he's real. too. m'son. 1 takes a long
breath and 1 speaks slow.
Yes" says I, that's Jake, all right,
but one Of you've gut to git. and git
quick, or-there won't be any of YOU
Man. dear. il they ever learn-if they
ever learn
But he had turned
Knock 'em out in the mornin'." saws
he. "so'st we'll look the same"
He disappeared into the dark agin an
i sits down to consider.
M son. Corcoran, the speedy-COr-
coran the marvellous. who snored there
at my feet-was twins.
The San Francisco call., 1908-09-27

he never had run so fast as on the last
10; said he didn't like to go so fast
cause it kinder made him car sick. But
1t didn't make him half so sick as 1T
did Fergerson.
Bill wasn't any quitter. He was one
OF them fellers who wants to fight once
more every time he's licked. He had
more to him than Sandy, and more cap
ital. Even when he seen this he
wouldn't blieve that this stranger
couldn't be beat somehow. He didn't
say nothin' fer a couple of days, an
then he comes in where Corcoran stands
in the midst of all the notables in the
town settin' 'em up. Didn't drink much
himself when he was workin', but
there wasn't a mean streak in him. Fer
gerson stands back an studies him fer
a long while, an the more he looks at
Corcoran the less he can figure out
how he does it, an the more confidence
he gets. So in about an hour he butts
In.
Are you game fer another race" he
says, 'providin' ye've got yer wind back
yit?"
Sure" says Corcoran, ready as you
please. "On the same old conditions"
What are them conditions agin?"
asks Fergerson.
Race to start at 10 sharp: money to
go to the party who gifts there fust."
mo matter how?" says Fergerson,
sorter holdin' his breath.
ANY way at ALL" says Corcoran.
Make it thousand?" asks Ferger-
son.
ANY sum you say" answered Cor
coran.
There never was a more accommodate
in cuss than Corcoran. Seems though
he was almost anxious to be beat-as
though he won SO easy, he wanted to
give the other feller every chance there
was. But this time 1t looked as though
he had given too much. Fergerson
turns to the gang:
Gents" he says, you've yhearn what
the greement is. An now l wanter say
let every gent put up every cent he's
got cause this is a cinch. You know
me an you know that when l says I've
got a cinch I've got a real one-a
double riveted, reinforced Bessemer
steel cinch."
How bout the other one~ asks
some one.
Never mind" he says, lookin' dark,
The San Francisco call., 1908-09-27
MARVELLOUS
BARIlETT
BARTLETT

it. he says, goin' up to him an putin
out his hand to help his rival down.
But the other twists round in the sad
die, bendfn' both arms UP over his eyes
GO 'wayT he yells. Go way ye're
a ghost!"
Time? M'boy. Corcoran covered that
80 mile, by the best watches in the
county, in l hour an As minutes. Said
The San Francisco call., 1908-09-27

pretty sight to see him leap from one
boss to another on the run. He was
the whole race. cause Corcoran. as
usual, took to the woods. an no one
seed him agin until he come amblirg
out on to the pike. half mile from the
goal An. m'son, when he comes jog
gin erlong 20 minutes ahead of thet
The Idaho scimitar. [volume] (Boise, Idaho) 1907-1908, 1908-07-11
The Irrepressible Conflict.

Henry, Idaho, July 8.-To the Idaho Scimtar:
1t is said by that the state constitution, in par
ticular the oat is self operative and that there
is no need of any plank in platform in reference
to po1ygamy or Mormon interference in politics.
We all know that the Mormons, dominated by
boss associated with their allies did prevent at the
last election the enforcement of section of article
of the Idaho constitutions SO, what reason is there
to expect that the so-caed republican party will
now help us enforce law that they instructed the
Mormons and Jack Mormons by force of if
need be, to break?
TO protect ourselves and to free the ensaved Nor
mons it seems must declare emphatically for the
Idaho test oath, and an amendment to the conSttu-
ton of the United States prohibiting poygamy in any
place over which the United States has Jurisdiction
For Americanism, home and principle must de-
clare it. Should we hesitate because will insn-
uate on people of an organization who already
oath bound avenge this nation and to teach it to
their children and their children's children to the
third and fourth generations? Should bow to
the will of the leaders of such organization?
No. thousand times, no! Some of our settlers
and some in the northern counties not understanding
may ridcule these pretensions, but to who know
their doctrine and teachings and have been initiated
in their association and connected with much of their
The Idaho scimitar. [volume] (Boise, Idaho) 1907-1908, 1908-07-11
Prosperity and Politics.

Attention is given by the Springfield (Mass.) Re-
publican. an independent newspaper to the report of
the University settlement investigation into the con-
dition of the unemployed poor in section OF New
York CITY. the report showing unexampled de-
gree of poverty and suffering. The Republican, de-
void of party bias, says;
Under these circumstances one might suppose
decent respect for facts known to all the people would
compel retirement of the old full loaf republican,
half loaf democratic" campaign cry
It ought to- but there is nothing fair in the clamor
of the oracles of party 1t is their business to win
elections If they can conquer on the fiction OF the
full dinner pail they accept success and chucke
over the gu1libility of the voting constituency
There was never any such thing as party created
prosperity or party created adversely GOOD times
or hard times is the consequence OF other clrcun-
stances and conditions.
The Idaho scimitar. [volume] (Boise, Idaho) 1907-1908, 1908-07-11
An Everlasting Covenant.

Here is an extract from the revelation to the Nor
mon people through Joseph Smith that is known as
the commandment authorizing poygamous marri-
ages:
Therefore, prepare thy heart to receive and obey
the instructions which | about to give unto you ;
for all those who have this law revealed them must
obey the same;
For behold I reveal unto you a and
lasting covenant; and 1t abide not that covenant
then are we damned for eject this cove
nant, and be permitted to enter into my glory
Extremely arbitrary, isn't it? No one who rejects
that covenant will be recognized by God after death.
No one can have any hope of heaven who questions
the falbility of the revelation Every one who ex
poets to escape the buetings of Satan must obey"
Joseph was greatly in earnest when he fashioned
that command to his people, for, little further along,
he gave them the clincher that they must and shall
abide the law he shall be damned, saith the Lord
The prophet saw to it that the of his flock
were properly admonished, for he placed upon them
the heaviest penalty for dsobendience, saying that
"she shall be destroyed saith the Lord, your God,
for I will destroy her"
1t is explained in mitigation of present day belief
that the revelation was far away affair, being given
by the first prophet of the cult But all the revela
tons are far away, all of them through Joseph
the first but one, Brigham Young's marching orders
Salt Lake, for Joseph's successors are not in the
revelation business and have not BEEN
All of the Joseph Smith revelations are printed IN
the book of Doctrine and Covenants under the head
of Commandments" and they form the basis of the
instruction of the church and like the command
ments of Moses in Christian theology
Prophet Woodruff is said to have uttered reveal
ton resembling the polygamy revelation at the time
when the government of the United States was bear
ing down heavily the saints. If SO, there is no
official evidence of its existence. 1t is not in any of
the Mormon text books and it is probably not con-
sidered much of revelation.
The command to practice and teach poygamy is
therefore as much of a command ever it was and
the penalty for disobedence has not been modified.
To all non-po1ygamsts the lid is UP in heaven
and for the non-polygamist Mormon women the de-
stroying angel is ever the alert. No Gentle need
believe that any of the saints backsiders from the
dogma of puralized matrimony when heaven awaits
the believer and hell yawns for the apostate.
The revelation was everlasting covenant and
everlasting means forever and day. Polygamy and
the Mormon are one and inseperable but the Nor
has learned to keep his domestic affairs to himself
and he is not now seeking public applause over the
number of wives that bear his
The Idaho scimitar. [volume] (Boise, Idaho) 1907-1908, 1908-07-11
THE IDAHO SCIMITAR.

The presence OF depression, poverty and hardshipS
in the midst of long tenure of republican rule de-
PRESTON poverty and hardshps that came between
two days and without warning, proves the inability
of party to prevent that which republicanism has
long boosted it could and did prevent.
In that particular the lesson of the panic may prove
valuable for the of thousands of men have been
turned, perhaps not for the good of the country
the republican party by the false pretense that
able to regulate the comfort of the toilng
and bestow success upon the business world.
1t is with this long existing fiction in its mind that
the Springfield Republican calls for decent respect
for facts" Yet this mild reference to a condition
that is theory arouses all the of PARTISAN
ship in the New York Tribune which testify retorts
Whether they should compel the retirement of the
campaign cry not they will not stop intelligent
people from asking under which party a return of
prosperity, plenty and regular employment will soon
est come.
This is the logic of the cross roads and is not
worthy of the pen of old that traced the destiny
of great newspaper in the hand of Horace Greeley
Yet The Tribune's peulance suggests that the intel
ligent people" may read with improved quality of
intelligence the lesson of the University settlements
investigation of the condition of the idle working
men of New York. Continuing its exhortation The
Tribune says:
1t is all very we'll to punish the republican party
in blind insensate way for misfortunates that
beyond the control of parties, but this desire will
seem luxury if its indulgence a check in the
return of normal financial conditions.
At last, in the stress of the hour the beacon light
of repubicanism admits that the misfortune of hard
times is beyond the control of parties" If the party
cannot prevent hard times it ought to surrender its
claim that the party produce good times and
thereby assist the Springfield Republican in its effort
to destroy the full loaf, half loaf" fallacy.
The masters of republicansm do not take kindly to
the public calamity that has laid bare the sophstry of
their party's past at time when they preparing
the banners of deception with which to lead the
way to another victory at the polls But the nexor-
able logic of the situation forbids further employ
ment of the ruse through which they have fooled
a considerable part of the people during a consider
able portion of the past
The Idaho scimitar. [volume] (Boise, Idaho) 1907-1908, 1908-07-11

Some of the wise men scratch their heads as they
ponder the query what is the degree of strength
that James S. Sherman brings to the republican tick
ct? Casting about for answer, they fail to find
one He has been in congress thirty years, though
only few people know it. He is New Yorker, but
New York is a sealed book to most of the other
states 1t is not alone Utica that is pent up.
Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1908-06-13
A PbilanthrOptsf.

An earnest worker among the pooi
of New York says, according to a wri-
ter in Harpers Magazine, that not
long ago an old gentleman, who has
the reputation of being something of q
philanthropist, asked If he could not
accompany her ON one of her rounds OF
visits. Much pleased at his Interest
the worker consented. The destitute
condition of many families elected ex
pressions of deep sympathy from tbs
old gentleman, but to his companion'i
surprise and regret, nothing more ma
terial. Presently they came upon
small girl weeping bitterly.
what Is 1t, my dearT the old gen
tleman inquired.
The child raised a tear-stained fac
and pointed into dark alleyway. an
mudder sent me to buy some bread
an lost my dime In dere, an I'll &c
licked awful :" she sobbed.
"Poor dear" he remarked in a ten
der voice, at the same time putting hi
hand into his waistcoat pocket Don
cry. Here is match; perhaps yo
will be able 10 find it,
Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1908-06-13
Great Surgeon.

Chicago, June 9.-Spurning the gold
of millionaires, Albert Jansen of Ber-
lin, one of the greatest eye and ear
surgeons in the world, operated yes
terday, out of pure mercy and without
price, on two unfortunate waits of the
tenements. The skill of the surgeon,
for which the wealthy men and women
of Chicago have in vain sought with
offers of fortunes, and which at last
was given for nothing, resulted in two
cures. The children, who had been
deaf. were made to hear.
Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1908-06-13
KNIGHT HELD UP; KILLED.
Chattanooga Man Refuses to Obey
Negro Bandits.

Chattanooga, Tenn, June 7.-Satur-
day night holdup occurred on Ross
vile avenue, on the southern out
skirts. Joseph Knight. a business man,
was killed and Miss Sallie Poole was
probably fatally wounded. Knight and
Miss Poole started for drive and
when they reached point just south
of the city limits three negroes sud
denly stepped to the middle of the
road and commanded the driver to
halt
Knight declined to obey and one of
the negroes sprang to the horses head,
while the other two covered Knight
with pistols. Knight resisted the at
tack and the negroes opened fire, kill
ing Knight instantly. Miss Poole was
struck by two bullets, and there is
little chance of her recovery. The ne
groes escaped. Armed citizens are
securing the country for them and
bloodhounds are on tht trail. A lynch
ing is likely.
Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1908-06-13

of Pennsylvania, died in Ruscomb, In
Berkshire, having spent all his later
years In England. He was buried In the
simple burial ground attached to the
Quaker meeting house lat Jordans,
where many members of his family
also lie-both his wives, his first wife,
Gulielma Maria, In one grave, and his
second wife, Hannah, with him In an
other-and many Of his children Moth
ing is more remarkable than the entire
simplicity OF the tombstone which COM
memorates the founder Of Pennsyl-
vania. 1t is not more than two feet
high and is of the simplest limestone
well worn. Projects have been mooted
to remove the ashes Of Penn from this
simple environment to a more costly
sarcophagus In Philadelphia, where
Penn is concentrated by a handsome
monument.
Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1908-06-13
Endurance Race a Tie.

Frank T. Wykert of Severance, Cal,
riding Sam, and Charles F. Workman
of Cody, Wyo., riding Teddy, finished
together in the endurance race from
Evanston, Wyo., to Denver, Col. The
riders reached the city limits of Den
yer together at 2:35 yesterday after
noon. Sam, the oil pound broncho,
seemed less tired than Teddy, weight
1925 pounds. Neither horse, though
was exhausted. The race began at
a. m. May 80 and the distance was
5O7 miles. Twenty-Five horses started
lbut II dropped out. Workman and
Wykert agreed to call the race a tic
when the humane officers at Hender
son, IA miles out of Denver, advised
them to.