smithclay/nortonstories huggingface dataset:
Year: 1868




Cases in Appeal-Decisions.


Before Judge Nelson.


Yesterday Judge Nelson pronounced the judgment
OF the court in the two following cases:-


The coast Wreckin0 Company us. The Steamship
Morning Star.-In this case the Morning Star ran
aground on Deal Beach shore, N. j., about forty
miles from New York city, In July. 1853. In her
perilous position an application was made to the
wreckng company for services and assistance to get
formed. In libel suit brought In the District Court
services-and Judge Nelson, on appeal affirmed that
decree.


Collision Case.


Joshua Remington ana Others Us The Atlantic
Royal Aaa Steam Navigation Company, Ne,o Fork
ana Gal,cav Line.-This case was dismissed in the
court below on an exception taken to the libel that
the defendants were not the owners Of the steamship
Indian Empire and that the company was not In ex-
fsence at the time the'suit was made The collision
with the brig Ocean Wave, for which the libel had
been filed, occurred on the Sd OF october, 1858,
whereas the company had not been formed until the
Sth OF that month. The testimony taken to sustain
the libel went to prove that the company held them
selves out the owners Of line Of steamers, OF
which the Indian Empire was one. and that they had
their appointed agent in this city, The decree OF the
court is reversed The evidence however, not being
plenary proof OF the collision, the shall stand
over for further proof with liberty to amend the
pleadinQs.
Year: 1868

Tho Brooklyn Whiskey Frauds-HIotisn fer .


New Trial in the Enrisht Case


Before Judge Benedict.


motion for new trial in the case Of Richard 9.
Enright who was recently convicted in this court,
was argued yesterday afternoon. Mr.. Hallts sp-
peared for Enright and argued the question 0f the
insuciency Of the testimony produced by the prose
cutOn In the late trial. and also that in the matter 0e
the bond Of Henry Lewis it had not been prOve4
that the accused either made or signed the
bond caused to be executed that in order to make
crime IN regard to this bond 1t must be shown hrss
that 1t was one required by law and also that itwas
used or attempted to be used to deraud the govern
ment and that in this the notice required to DO
given to the Assessor as provided in section twenty
four, had not been proved. The question Of hand
writing was also argued, and It was claimed that in
certain counts cited In the Indictment there
evidence whatever to sustain them that the verdict
being general and the punishment for each count
varying, 1t could not be sustained where there
no proof on such counts Counsel argued to show
that an error was committed In allowing the
case to 60 to the jury II the crime charged had
not been clearly set forth by the prosecution. The
District Attorney Mr. Tracey, commended that these
objections were out Of place; that the time to show
this was on the trial, and not on motion for new
trial; that in nineteen cases out Of twenty points
could be raised on the ground that certain facts,
which are necessarily assumed only In every case,
not proven but that the verdict Of the jury was
conclusive as to the sufficiency of the evidence.


The Judge reserved his decision in the matter.
Year: 1868

even the sober Pau MaU Gasette objects to such an
appointment. and declares that although man like
Butler may be oficiaiy received he cannot DE soci
ally recognized.


In Parliament the other evening the singular fact
was developed that government agents undertake
70 convert inhdels by almost ~ summary process
until ne believed in Christ and then drowned before
ne could recant. Peter Murphy Q Fenian confned
In nOuntOy Prison, was asked BY the governor OF
jan what religion he professed and replied that he
nad no religion-he was pagan. The governor
military man, gave him twenty -four hours In which
between the different systems at the expiration OF
that time he was kept on bread and water until he
made up his mind that the Roman Catholic religion
was right and prOfessed his faith accordingly This
plan beats Beecher. and u generally adopted ought
to 40 away with SundayschO0ls and churches.
Year: 1868

Those statements of that slanderous
letter published by the Fall River Nescs
and popularity supposed to have been
written by a former dttaehe of that jour
nal, now connected with the Herald
office in this city, are being widely circ
culated by all the papers in the country.
for the purpose of showing what n hor-
rible place Montana is, how low are the
morals of its citizens, and at what risk
of his life a Union man must live here.
The injury that will thus be done to the
Territory is almost incalculable. Immi-
grafton, more particularly of those OF
the Republican faith, will be retarted;
men viii hesitate long before bringing
their families here; the reputation of
the Territory will be sullied, and Mon
tana's position before the people will be
a highly unenviable one. The author
of the letter, whoever he may be, should
be treated by this community with the
contempt which he deserves. and he
should be ostracised from society.
Year: 1868

me a mystery, but a merciful Providence
was over u.s. We wended our sad WAY
as Well as we could toward the hills
with the earth shaking, making US stag
ger as drunken people, when great cry
went up to heaven. The sea had retired
hurried on and l had barely got to the
outskirts of the town, when / looked
back and saw all the vessels in the bay
carried out irresistibly TO sea, probably
with a speed OF ten miles an hour. In
a few minutes the great outward current
stopped, then arose a mighty wave,
should Judge about fifty feet high, and
came in with. a fearful rush, carrying
everything before il in it's awful majes>
ty. The whole of the shipping came
back with il, sometimes turning in cir
cles, but all speeding on to an inevitable
doom. Meanwhile the wave had passed
in, struck the mole into atoms, swal>
lowed up my office as giants mouth
full. and roaring on swallowed up the
Custom house. and rushing down tie
same street carried everything before it
in its irresistible course. The remains
of my dwelling house disappeared faster
than the change of scene in Christmas
pantomime: my launches had long since
disappeared and my ruin was thus com
Pleged."


4 EIOOu GREATNESS lDOhAAlS az Vic shN-
ful sight, thaking God life had been pre-
served to me and my loved ones, but
each second was a lifetime; looking sea
wards l saw the ships still hurrying on
to their doom and in few minutes all
was completed. Every vessel Was
either ashore or bottom upwards. The
Peruvian war steamer America lost
about eighty-five hands. The United
States steamer Wateree escaped with
the loss of one life with small draft
of water she was carried bodily on the
top of the sea and landed about quar-
ter of a mile inshore on the railway
track The United States storeship
Fredonia was bottom upwards; every
soul on board perished excepting the
Captain, Surgeon and Paymaster, who
were on shore and were saved). The
British bark Chanarcillo, of Liverpool,
was lying high and dry upon the beach
the remains of hull half OF her crew
perished An American bark. laden
with guano, was swallowed up and has
not left vestige to tell her fate. The
last CT the i'll fated squadron, Peruvian
brig, was placed on the railway track,
apparently without losing rope or
spar. On what has since happened il
is needless to dwell for nearly two
DAYS we lay on the hills without cover
ing and without food, in a constant state
of alarm. as the shocks of earthquake
were increased.
Year: 1868

Let any one endeavor to recall the
image of u fond mother long since in
Heaven. Her sweet smile and ever
clear countenance are brought viyidly
to recollection. So also is her voice,
and blessed Is that parent who is en-
lowed witha pleasing utterance. What
Is it that lulls the infant to repose? 1t
is no array ofmere words. There is no
charm to the untaught one in letters,
sylables, and sentences 1t is the sound
which strikes its little ear, that soothes
and composes it to sleep. A few notes
however unskillfully arranged, If ut
tered in soft tone, are found to possess
a magnetic influence. Think we that
this influence is confined to the cradle
No tits df'used through every age, and
ceases not while the child remains un-
der the paternal root.


Is the boy growing rude in manner,
and boistrous in speech ? know of no
instrument so sure to control these ten
dencIes as the gentle tones of a mother.
She who speaks TO her son harshly does
but give to his conduct the sanction OF
hero example. She pours the oil on
the already raging flame.
Year: 1868

One night in July we landed on the
shore of a northern ford in latitude 90
degree north. We assembled cliff
which rose 1000 feet above the level of
the sea. 1t was late, hut still sunlight.
rhe Artic ocean stretched away in ST.
lent vastness ut our feet. The sound of
its waves scarcely reached our airy
lookout. Away i'll the north, the huge
old sun swung around along the hori-
zon like the slow, measured beat of the
pendulum in the tall clock in our grand
father's corner. When both hands
came together at II, midnight, the full
round orb hung trilmphantly above the
wave--a bridge of gold running due
north spanned the water between us
and him. There he shone in silent ma
jesty, which knew no setting. We in
voluntarily took off our hats; no word
was said. Combine, il you can, the
most brilliant sunrise and sunset you
ever saw, and its beauties will pale be-
fore the most gorgeous coloring which
now lit up the ocean, heaven and noun
tain. In half an hour the sun had
swung up'perceptibly on it's beat. the
colors changed to those ofthe morning,
fresh breeze rippled over the ford,
one songster after another piped up in
the grove behind us--we had sid into
another day.-Letter from Nor,rdy.
Year: 1868

Once she was "Mother," and it was
"Mother, I'm hungry" "Mothe., mend
my jacket" Mother, put up my dinner,
and @Mother," with her loving hands
would spread the bread and butter, and
stow away the luncheon and sew on the


rcat patch, her heart brimming with
affection for the imperious little curly
pate that made her so many steps and
nearly distracted her. with his bolster
Gus mirth.


Now she is the sold woman;"bu she
did not think it would ever come to
that. She looked ON through the future
wears and saw her boy to manhood
grown; and he stood transfigured in the
light of her own beautiful love. Never
was there moi noble son than he
honored of the world, and the staff of
her declining years.


Ave, he was her support even then,
but she did not know it. She never
realized that it was her little boy that
cave her strength for daily toil-tIlat his
slender form was ali that upheld her
over the brink of dark despair. She
only knew how she loved the child, and
felt that amid the mists of age his love
would bear her gently through its in
firmities to the dark hall leading TO the
life beyond.


But Che son has forgotten Che mothers
tender ministrations now. A,lriit from
the moorings of home, he is cold, selfish,
heariless, and "Mother" has no sacred
meaning to the prodigal. She is 'the
old woman," wrinkled, gray, lame and
blind.


Pity her, o grave, and dry those tears
that roll down her fllrowed cheeks.
Year: 1868




There is story current among the
japanese which excites their warmest
admiration. tits told of Aidzu, the he
ro of the Tycoon's party, and who is
deemed by all che natives as the harvest
Prince in the Empire


A short time since he was attacked in
his own stronghold by large force OF
Satsuma's men. After some days fight
ing with uncertain result, the latter de-
manded truce, that they might go and
re olenish their commissariat, as they
had come to the end of their provisions,
but promising to return and continue
the fight. Aidzu replied that there was
no need for them to retire, as he would
supply their wants; and accordingly
sent them plentiful supply of rice,
sufficient for several days. Already a
hero in their eyes this act al most defied
them. The effect on his assailants seems
to have been prodigious and to have
given to the leaders an idea of the in
vincibility of such a man. They lett
without striking another blow.
Year: 1868

A pretty incident is related of ca
nary bird III door of the birds cage
was occasionslly left open that he
might enjoy the freedom of the room.
One day he happened to fly upon the
mantle whereupon was mirror. Here
was new discovery of the most pro-
found interest. He gased long and Gu
rlously in the mirror, and came to the
conclusion he had found mate. Co
ing back to his cage he selected q seed
from the box, and brought in his bill as
an Offering to the stranger. In vain the
canary exerted himself to make his new
friend partake, and becoming weary,
he slept back a few inches from the
glass and pourd forth his sweetest notes,
pausing now and then for reply
None came, moody and disheartened
he flew back to his perch and hung his
head in shame and silance for the rest
ofthe day and although the door was
repeatedly left open he would not come
out again.
Year: 1868

This vegetable make an excellent
pickle, and from the brightness of Its
color has very pretty effect in a glass
pickle-disA or jar. Wash the best per-
fectly; do not cut off any OF the tibIous
roots. as this will allow the juice TO es-
cape, aud the coloring will be lost. Put
into sufficient water to boil it, and when
the skin will come off it will be sutii-
GENTLY cooked, and may be taken out
and laid upon cloth to cool! Having
rubbed of the skin, cut the beet into
thick slices, put into a jar, and pour
over it cold vinegar, with an ounce Of
whole black pepper and an equal a.
mount of ginger, and let it stand until
quite cold. The jar should be kept
closely corked.
Year: 1868

No description can give an adequate
idea of the intense rigor of the six
months winter of this part of the world.
Stones crack with the noise OF thunder;
i'm a crowded hut the breath OF the oc-
cupants will fall in flakes of snow. wine
and spirits, turn to ice: the snow burns
like caustic; if iron touches the skin it
brings the flesh away with it; the soles
of your stockings may be burnt off your
feet before you feel the slightest warmth
from the fire; linen taken out of boiling
water Instantly stitfens to the consisten-
CIV of wooden board, and heated stones
will not prevent the sheets of the bed
from freezing. If these are the effects
of the climate within .air-tight, fire
warmed, crowded huts,what must they
be among the dark, storm-lashed noun
tain peaks outside.
Year: 1868

iF A colored girlnamed Betty, liv-
ing at Mr.. Doby's thought she would
fire off an army pistol, the other day,
and not let the family know anything
about it. She put her hand over the
muzzlc of the pistol to keep the report
from being heard, pulled the trigger and
shot n ball through her palm.
Year: 1868

sES Chaplin talks thus beautifully
about day 'It has risen upon us from


the great depths of eternity, girted
around with wonder a new creation of
light and life, spoken by the word OF
God. In itself one entire and perfect
sphere of the sun. Every past gener-
aLon is represented in 1t; it is the
lowering Of all history, and in so much
it is richer and better than all other
days which have preceded it. And it
is Tor this we are pressed and surroun-
ded with these faculties. The sum of
our being is concentrated here and to-
day is all the time we abs olutely have.
Year: 1868

The Ludington (Mich.) RseoFd SAYS
that little girl named Flynn, living in
the woods about forty miles from that
place, disappeared recently for thirty
six hours On examination by the
father and some gentlemen, who were
looking up land in the vicinity, bear
tracks were found, and it was supposed
that she had been carried off and de-
voursd. The gentlemen alluded too
had wandered about and as they were
passing a sWampy spot where the un-
dergrowth was thick, they either called
the child or else were talking loud one
of them heard the child's voice. He
then called the child by name ard told
her to come out of the bushes. She
replied that the bear would not let her.
The men then erept through the brush,
and when near the the spot where the
child and bear were, they heard a
splash in the water, which the child
said was the bear. On going TO her
they found her standing upon a log ex-
tending about half way across the river.
The bear had undertaken to cross the
riyer on the log and being closely pur-
sued, left the child and swan swa7.
She had received some scratches about
the face, arms and legs, aud her clothes
we're almost torn from her body, but
the bear had not bitten her to hurther,
only the marks Of bis teeth being found
on her back, where in taking hold of
her clothes to carry her be had taken
the flesh also. The little one says the
bear would put her down occasionally
to rest, and would put his nose up to
her face, when she would slap him,
and then theibear would hang his head
by her side and puTr and rub against
her ike a cat. The men asked her if
she was cold in the night ond she told
them the old bear would lay down be-
side her and put his arms around her
and hugged her to him and kept her
warm, though she did not ike his long
hair. She was taken home to her pa
remit, who could hardly express their
JOY at her safety.


The supposition is that it is a female
bear, and having lost her cubs, came
across the child and adopted it. Steps
are being taken to caPta5e the bear,
Year: 1868

Shingles that are painted will last
much longer than when putson in the
usual way. Some advise the use of tar
before using or tarring the upper end
of the shingles after each course is laid.
Mr.. Emmerson, Of Hollis, Mass, says,
in a communication, in the New Eng


land Farmer, that shingles laid in
White-wash will last twice as long as if
they had not been treated with the
lime, His plan is sometimes to soak
shingles in thin white-wasi made with
brine instead of clear water. At other
times he laid his shingles in white
wash. When this last courseis adopted
be iaes each course of shingles as laid
with red-chalk, then white-wash the last
course laid down to the line, and after
the building is shiugied the whole roof
is white-washed. He speaks of roof
covered with sappy and shaky shingles
that had lasted twenty years, and would
last several years longer. In mailing,
be puts the nails sbouttwo-inehes apart,
and does not drive them down but
leaves the heads so as to keep up the
butts of the next row of shingles to a.
low circulation of air. -,-s -sre.-r
Year: 1868

As general irule the best portion of
day for severe lsbo5 either mental or
physical, is before noon. The vital
forces of the body and brain, after the
recuperation afforded by good nights
rest, are then in their best condition for
active and effective labor. The mind
is clearer, fresher and more elastic, and
the muscles respond to the mandate of
the will with greater readiness and free.
dom. The experience Of many will
contradict this For instance persons
who from necessity or otherwise, have
formed the habit Of performing their
hardest labor in the afternoon or even.
ing, viii assert that they can do it
easier at such times than they can in
the morning, and true enough they can,
so long as they are subjects to that
habit; but once let them discontinue
that course, and form the habit of do
ing their hardest work in the early part
of the day, and they will soon perceive
a, decided improvement in the ease with
which their work is performed, and also
that they can do more in the same
length Of time and with less fatigue,
than they previously could later in the
day. e- rog s4iss g


As nature indicates the time to labor,
so does she even more plainly, point out


the time to rest In the "still hours of
night" Nature sleeps and rests, and so
should mau. Man requires on the
average, when in health, about eight
hours sleep out of the tWenty-four and


should all be taken during the hours
of darkness. In sickness, it is often
well for the patient not only to sleep all
night if he can, but also to sleep some
in the day time. In health day sleep
is unnecessary, if night sleep can be
had. Severe labor of any kind should


not be performed either a short time
before or soon after eating; but light
gentle exercise or recreation at such
times is not only not Objectionable, for
personsin health, particularly, but Of de-
cided advantage. No one should labor
with the mind or body while suffering
from pain or fatigue Under such cir
sumstances labor exhausts vitality with
great rapidity. The universal remedy
for fatigue is rest-MorristoWn Gazette.
Year: 1868

~ =


The general impression is that death
by suu-stroke is very painful, but the
contrary would seem, to be the fact.
Judging from the following account Of
the effect of such a visitation, given by
Gen. Sir ]. Napier, He experienced an
attack while in Scinde, where the ther-
mometer, according to the general him
sell, Eas as much use to him as It would
have been to boiling lobster, and wrote
as follows to one of his daughters: /:
"The sun-stroke was q staggerer; vet
my hope is to die by one, for never can
death come in an easier shape. I was
just deadly sleepy; it was deadly had 1
been left alone; but the only feeling of
the transition would have been a tired
ness, like that experienced at being sud
denly walked up before time. This was
to degree almost to be called painful;
then came a pleasant droWsiness, with
anger that the doctors would not let me
sleep. Were it not for others, would
that my horn had sounded; so easy,
so delightful, may say, was the ap-
pfoach of death" This resembles the
accounts that have been given by men
who have been saved from freezing to
death, after having got far down into
the dark valley; so that excess of heat
and excess of cold produce precisely the
same effect,
Year: 1868




Correspondents Fremont Journal.l


New BosToE, Mass,


July 8, 1858.
EDITOR JoURNAL:-If sailing through
the country in four wheeled cart, up
and down these Berkshire mountains,
is considered a pleasure, I should pre-
fer a short ride and fewer pleasures.
At least 80 thought after a ride of
twenty-four miles, feeling that 1 had
experienced enough of the "ups and
downs" of life. One unaccustomed to
these roads feels more secure when
walking on solid ground than he does
in rolling through these mountain
passes in a ricketty vehicle; yet the
driver assured me he had never been
quite killed, though hair breadth es-
capes we're among his every day amuse-
ments.


New Boston, situated in the south
western part of the State, is small vii
lsge shut in from the world by noun
tains which rise almost out of sight,
and we look around in wonder to see
from whence we came. Remembering





that l was in the very heart of Yankee
land, natural curiosity prompted me to
visit the mandatory of wooden nut
megs, but after fruitless search learn
that the business has long since been
abandoned. Up the river stands a
match factory, but instead of the cele-
brated Yankee match nothing is made
here but the common friction matches.
One might as well believe the stories of
Yankee ingenuity as to attempt to trace
out their proof The country through
the western portion of the State is
mountainous; about one-fifth of the
land is cultivated; the four-fifths being
pasturage and timbered land. Farmers
here who own but few acres are COLI
sidered in good circumstances. The
more he owns the poorer he becomes.
l have heard it said that to test their
cheese they take them to the top of
some mountain and let them roll down (;
if they find them at the base without a
mark they are pronounced fit for market.
1 have never seen this done. In some
places farmers are just commencing
their haying; in others they are nearly
through. For the past two weeks the
weather has been dry and hot.


When the time comes that we can
ride through the air in the eriaI car
and the traveller can be set down on the
top of the highest mountain Oh in the
deepest valley, then the scenery of New
England and its rough and rugged
country will be enjoyed as they cannot
be in tedious stage ride up and down
its mountains. g. B. PRATr.