smithclay/nortonstories huggingface dataset:
Year: 1859

The act Of the plaintiffs guardian being considered
then, IN this instance of the force and binding
effect, if the plaintiff had been person of full age
and done the himself is it necessary in order to
sustain the defendants plea of public right of way,
by grant dedication, that such grant or dedication
should appear to be evidenced by written instrument
under seal, and to have been made upon valuable
consideration! In answer to this, it might perhaps,
be contended on the part of the defendants, that
lar as the present Is concerned this point is
cred by the 54th section of the act of 1851 already
referred to. But apart from this special consideration
we are OF the opinion that the question must be decd
ed IN the negative We do not think that the position
that grant dedication of way to the public must
De evidenced by written instrument, and appear to
have been made for a valuable consideration can be
sustained upon authority. On the contrary we believe
1t 10 be sound law that in the absence Of any statutory
requirement on the subject, particular form
emony is requisite in the dedication, by the of
the SOIL OF land to the public and that such ded
lcaton may be either express implied. See Beat
y Rltchie Hurtz ct ais, Peters Rep. 566 Rex.
u.s. Lloyd, Campbell's Rep. 260 ; Rex Us. Barr,
CampbelPs Rep l6 the Marquis Of Stafford rs. Coy
Dey, Barnewal CreSswell's Rep. 257 Wood
Veal, Barnewall & Alderson's Rep. asa Hobbs Us.
Lowell, 19 Pickerng's Rep. 405.


In the present case it is contended that there was
an express grant dedication Of way the public,
over the plaintiffs premises The question whether
there was or not is question of intent, to be decided
upon the evidence presented. Did Governor Kekuana-
GA cause way to be opened, and set off to the public,
with the intention that it should be used by the public
as way 20 the church, without restriction or lmita-
ton After careful consideration of the testimony,
we are satisfied that he did The setting of the
way was open and deliberate act. circumstance
transpred showing intention to exercise any control
whatever over its future use, to indicate that the
setting out of the way was be understood merely


license reyOcable The public entered upon and used
1t, without dispute mOlestatOn, for period Of nine
years, seven of which elapsed after the plaintiff
attained the age of majority. The dedication to the
public use complete and unreserved, a way to
the church, but not for any other purpose and the
public must take and enjoy secuRduns tOTmam DOM.


Let judgment be entered as of the last October term
in favor of the defendants with costs


Mr.. Harris, for Plaintiff


Messrs. Austin and Kauwahi, for Defendants.
Year: 1859

The admission of Oregon into the Union
as State should cause greater joy than any
event that has occurred since the consumma
tion of our own State sovereignty 1t will
at once nearly double our political power,
and render it difficult for a corrupt Senator
to gain the exclusive ear of the Administra-
ton, and thus control, not only The official
patronage OF the government which may be
dispensed in, but to block up, from motives
of personal interest, the avenues 10 the Slate
From the action of four Senators devoted to
the interests Of the Western Coast, and who
will resoutely use their power as q unit, we
may expect the greatest result. The full real
ization of our just hopes must, OF necessity,
be postponed until the present weak kneed
President shall have passed into suitable oh
scurity and until the friend Of the Pacific
Mail Steamship Company shall have served
out the term for which he was unfortunately
employed by the Hon. D. c. Broderiek. Two
short years viii accomplish these events, an(
we may, in anticipation, congratulate eacl
other upon the bright future which shadow
forth so pleasing an aspect Day is dawning
and numbers will, in the evenly divide
state of parties cause Cabinets and Presi


dents to acknowledge the existence of


power in the West A cordial welcome ga
we to our sister State of Oregon.
Year: 1859

THE BUGLE is right enough in its efforts to
keep alive, and VIC are willing to be chari-
table. Its editOri avery "cleYer gentleman,
and would perhaps like to sustain himself in
his ridiculous efforts at elfdeFense, for his
stupid conduct in bOlstering up President
who was elected by the Democratic party, in
spite of the "Fillmore Ranger" after that
President has been abandoned by the U. s.
Democratic Senators. lie would also like IN
make it appear that Director in the Folsom
Railroad is warm opponent of that road
and a true friend to its rival, but it is all
boys play--it cannot win. For the editor of
the Express, whoever he may be, we have q
warm sympathy. We hope that if he ever
gets out of his present bad fix, he will look
before he leaps into another one.
Year: 1859

We have been informed by gentleman
whom We choose to believe, that one of the
most efficient jack-screws by which the
Daily Democratic Standard of Sacrament
to is kept aloof from its uncle at the monte
pio, is the levy which has been mall e upon
the various Lecompton District Judges
throughout the State Each of the gentle
men has been assessed one months salary,
and each of these gentlemen has stood the
raise'' We are likewise informed that liti
gants in the Supreme Court-many of W HON
dabble not in politics-have listened and given
heed to hints from irresponsible and unau-
thorized outsiders that their cases would be
safer if they would make voluntary donations
say in sums Of one hundred dollars more or
less, in conformity with the magnitude and
importance of their causes. We hear these
statements from one who has a right to know
their correctness. Our informant has himself
been taxed. Perhaps this is lick under
the belt thas has heretofore been Kept in
careful secrecy by the StanderdiEers, from
motives Of modesty. Thinking them toe
difident TO give publicity thereto, we volun-
teer this narration free of charge
Year: 1859

KNAvEs AND DUPEs-The boiling Gwin
organ complains of us because we class the
Lecomps as "knaves and dupes" Under
which head does the anonymous editor of
that concern belong If our remark is too
sweeping, we can only amend by saying that
few, very few, may be insane.
Year: 1859

LET rTHE CALLED JADEs WINcE.-Our friends
Of the Bugle are evidently annoyed about
something, or they would not italcize SC
much in their various notices of the content.
of the DEMOCRAT, and in illusions to the
humble and obscene individual who, for q
day or two "cudgels his brains to write for
it, in the absence Of the editor The South
may have given birth to the shining light
of the Marysville Lecomptonites, but We
would like to see the pedigree. We would
not hesitate to wager "hot rum" with the
honabre that he has lived in cold climate in
his day. If we are wrong he is the first
real Southern gentleman that we ever knew
to make use of the term mackeral catchers. &"
Fie for shame.
Year: 1859

LATE BoAr-The Goodman Castle" steam
boat came up from Sacramento yesterday
From the fact that she had to wait until 10
o'clock in the forenoon before she could ship
her San Francisco freight, and having a very
large cargo on board, her arrival here was
unusually late
Year: 1859

eB- Our active and energetic mail carrier
is quarterly expected at this place with the
last three Atlantic mails, and receipts all
ready for the Postmaster to sign, certifying
to the prompt and safe delivery of the mails
at this office. We are happy to be able to
endorse their promptness in the performance
of this part Of their duty.--Plumas Argus.
Year: 1859

SHoorING.-At about half past O'Clock
last evening, male individual, whose name
we do not know, committed an assault upon
a female of bad repute, and caused her to dis
charge several pistol shots at him, none OF
which had any other effect than to cause him
to retreat. We heard of no arrests being
made
Year: 1859

LoNe BAR-We learn from reliable
source that the opposition are arranging to
colonize, at the coming election, from Long
Bar. We desire our friends at that place to
keep us posted. Our information is bona fde,
and the author is responsible man.
Year: 1859

Council MEErING.-The Council met last
evening to act upon the newly codifed ordi-
nances. They reduced the salaries of some
of the city officers, and were discussing the
matter oft city printing when we left. AS
their session seemed likely to be unusually
prolonged we defer report until our next
Year: 1859

Upon chat or whose authority does the
organ say that the report of the proceedings
OF the opposition caucus was "false2 Ma.
rysviHe B1gie.


Upon information furnished us by a well
known and highly esteemed citizen of this
city, who was present at the caucus and
whose veracity is unimpeachable. We were
not bound to make this reply The "scurvy
and unPrincipled" informant of the opposi-
ton had better be put upon the stand now,
to prove the truth of the statements which
we have pronounced false.
Year: 1859

THE 9rH AND l0TH.-We have before referred
to the fact that our citizens are preparing to
properly celebrate the centennial anniversary
Of the birth of the Poet Schiller. We are
pleased to be able to state that the work OF
preparation is going forward with proper enOr-
gy, and 1t will be worthy the occasion. A
grand concert will be given at Beckel's Hall on
the evening Of the 9th, and on the evening
of the 10th, schiller's great drama, Will
liam Tell will be presented at the same
place in the best style, We hope to see these
entertainments very generally attended, Let
the people show respect to the memory Of a
great man.
Year: 1859

BUILDNa AND Business IN DAEroN-As we
have before stated greater amount of capital
has been expended in building up Dayton the
past year thauduring any previous one. This has
been done, too, at time when money is exs
tremely scarce and is certainly an indication
Of healthy as well as rapid growth of which
we may justly feel proud. The houses erected
are all rented as fast as finished at remunera
ting prices to the capitalists. We are glad to
find that our large capitalists are now turning
their attention to building instead Of loaning
their money out. and Dayton is now bound to
go ahead faster than ever.


Business, too, increases, particularly the man
ufacturing and wholesale business. Few or
no failures have taken place and our business
men have bright future before them.
Year: 1859

Va The Journal is becoming bumorousl Even
its malice is tempered With vein Of fun! Its
humor is more cruel than its bitterness We were
not prepared for it, and we protest that It is not
fair it should forsake its well beaten, dirty track
and by coup d'stat ovsrwhelm us with volley of
jokes. The leading joke of the vOlley will be rel
ished by the readers of the Empire and We give il.


No viler sheet ever disgracod respectable city
than this same Empire-and no man who is not
utterly devoid Of honorable feeling would be guilty
Of the slung shot and vitriol throwing practices
which are exhibitedin the columns Of that paper,
by the dodgers about the dark alley, the sign Of
which is "David Clark, editor and proprietor"


Now that is joke II is gotten up in the Dea
cons best "style." The man who will use such
language while speaking of the vileness Of sheet
is simply illustrating the subject by an exhibition
of the quality. The hair of that dog will cure
the bite.
Year: 1859

~ The testimony so far is that Copeland
went to Harper's Ferry from Northern Ohio
Il proves that he didn't go from Dayton as the
Empire inserted journal.


He did go from Dayton, and in bot haste, too.
We have never said he went dresl from Day
ton to Harper's Ferry. The interest you man.
ifest in the negro, and your higglisg about the
matter Of his having resided here Is ridiculous.
As attorney for him, you should remove to
position contiguous TO him. whete you could
give him directly the aid of your sympathy and
counsel.
Year: 1859

OFF those who don't believe uS when We
say that Comfy is very bad man, will read
his paper, they will have evidence enough Of
the fact TO convince them, he furnishes the
evidence Of all we say about him in the cOl>
umns Of his paper.
Year: 1859

"NEws. New, clean and beautiful type, and
pure and fine paper, should attract only cor
responding IDEAS and be soiled by no sad or vile
facts But this cannot BEL We are to give the
news, and goodness is no news. Prosperity
and health are no news. 1t is news that man
is dead, not that he is living. News it is, when
he Of life long probity, and home Of domes-
tic bliss, becomes disgraced felon. But no
item in the long record Of temptations resisted,
is news. We are of an honorable profession.
The mark of an honorable profession is, that
it subS>tS upon the wees of men. The moral
plague feeds the clergy and the lawyers. dis
ease supports the doctors and the Devil is the
great benefact0r also of editors and reporters
Long may he live!-that we may live by kill
ing him. Missouri Democrat.
Year: 1859

To DHsTROr ANTs.-In the Public Ledger,
~. j." gives the following receipt: Procure
large sponge, wash it WELL press ii very dry; by
so doing it will leave the small cells open-ay
it on the shelf where they are troublesome
sprinkle some fine white sugar on the sponge
Qghtly over IT'D two or three times day take
bucket of hot water to where the sponge is, care.
fully drop the spongei in the scalding water, and
you will Slny them by the thousands, and soon
rid the the house Of these troublesome insects
When you squeeze the sponge, you viii be as.
cells.
Year: 1859

CAVE OF A TUNNEL.-We learn Just before
going to press on Saturday evening, that the
tunnel of Messrs. Smith & Sparks main
quartz ledge caved on Saturday afternoon,
hopelessly burying two men alive. The main
tunnel runs into the mountain some nine hun
dred feet; from this main tunnel shaft was
sunk forty-two feet, and the men were at
work in drift from the shaft The shaft
was kept dry by an engine stationed in the
main tunnel. Some seventy-fve feet of the
main tunnel caved burying the engine, and
filling up the shaft. The men at the engine
had barely time to give the alarm and make
their escape, portions of the debris strik-
ing some of them as they fed To
reach the shaft would require clearing of
seventy-fve feet. AS the engine was con-
stantly employed to keep the shaft dry, it is
supposed the men were drowned in the drift.
We did not learn their names, nor what
steps had been taken towards their rescue
Butte Record
Year: 1859

A TouGH SToRY.-A correspondent Of the
Anson (Me.) Advocate relates that on the Sth
September a male child was born at PALMYRA,
having two heads; the first, natural head,
seemed as nearly perfect as that of an infant
usually-the second, or unnatural head, was
connected 10y neck of about the usual length
and size to the back or posterior part of the
first one, little above the point where the
head and neck naturally join. Both heads
were of about the same size, and facing oppo
site ways. Hair grew perfectly natural on
both scalps, but the second head was entirely
wanting in features-there were a few small
irregularities where the face or features
should have been, appearing as if nature had
made an effort to form features, but without
success. The health of the child seemed good,
and it grew well until the 10th of the present
month, when the unnatural head was sue
cessfully amputated at the neck by DR.. J. G.
Manson of Pittsfeld. A dissection of this
showed the skull to be composed of bone and
cartilage also what should have been bone
in the neck proved to be cartilage The head
contained substance almost perfectly re-
sembling brain, but of less density. The child
is said to be fast recovering
Year: 1859

A WRITER in "Once Week" gives the fol-
lowing account of the death of the great
Pitt:


"Pitt died at his house on Putney Heath
near the spot where Canning and Castlereagh
fought their duel, and in very NEGLECTED.
state, none of his family or friends being with
him at the time. One, who was sincerely at.
tached to him, hearing of his illness, rode
from London to see him. Arriving at his
house he rang the bell at the entrance gate,
but no one came Dismounting, he made his
way to the hall door, and repeatedly rang
the bell, which no one answered He then
entered the house, wandered from room to
room, till at last he discovered Pitt on bed
dead, and entirely neglected 1t is sup
posed that such was his poverty he had not
been able to pay the wages of his servants,
and that they had absconded, taking with
them what they could
Year: 1859

A DISPATCH from Watertown, Wis, Nov
ID, says:


coroner's inquest was held this afternoon
upon the bodies of those killed by the rail
road accident yesterday, and verdict that
the accident was unavoidable, and not the
fault of any person in charge of the train
was rendered. 1t is stated by the officers o.
the road that great pains have been taker
for the purpose of avoiding accidents and
that the fatal train was running at rate
not exceeding fifteen miles an hour.
Year: 1859

THz HABITS OF THE 'iWANDERERn NEGROES
A correspondent Of the Southern Recorder. wri-
ting from Jacksonville, Ca, gives the following
account of the wandering Africans" that were
recently in duress, for some days. at that place
The most Of these negroes are very likely
and are from six to twenty lone years old there
Is only one woman among them. They seem
perfectly happy, and are as contented and free
from care as if roaming their native wild. Thsy
remain ia Jail only At night; during the day
they are permitted the freedom Of the yard
Some Of them are quite smart aud all are auick
10 learn At first, they could not speak a word
of English; several of them, since they have
been here. have mastered many words Money
and whiskey are fsy0rite words with them
all love money, and all appear TO love whiskey
They seem to have know ledge Of the value of
coin. but none of our paper currency. / gave
one an order for something at a store. since
which time all scraps of paper are in great de-
mand with them. 4 newspaper was torn into
email pieces aud carefully put away, they think
ing IL will answer the same purpose as money
Their dances and sports are very amnsiny and
original. Most Of the older ones are quite in
geni0us making knives and other things out Of
iron hoops and sardine boxes. They are very
fond Of hne dress, and some of the boys OF the
place have put gay ribbons through the boles
IN their ears, which makes theta quite proud
don't think they have an idea Of God. have
taken some pains to find cut their belief in q
Supreme Being. but have failed They arc from
three different nations OF tribes. there being
three dInerent marks or tattoOs among them
indicating, rs they say different nations or per
haPs as more reasonable, different castles. They
soon learned some profane words but being told
IL was wrong to use them, it is seldom they will
do 80, saying marie. bad, when asked to repeat


them
Year: 1859

free negro girl, was before the Mayor yesterday
for want Of q register She was born 10 Charles
City. aud at the death of her mother was placed
in charge Of Jane Ward, free woman then lv.
ing in HeIrico who took care Of her In Infancy,
aud has had control Of her for seven or eight
years. Jane moved into the city about year ago
bringing the girl with her, and few days since
Ann Harris had the girl arrested to get her eut
Of Jane Wards control The Hastings Court will
probably order the girl to be taken back Charles
City County, where she was born, and placed In
the hands of the overseers Of the poor. The
Mayor sent her to Jail for waat Of papers.
Year: 1859

HSB1U
i. suggested thatif the City Council would grant
the privilege, company sonld be formed Who
would undertake to supply the eastern portion of
the city with pure water at the same price the city
now furnishes it. The city, we presume, would
not object to saving the cost of the new works
now iu contemplation, If she could do 30. without
eudaugering her own rights aud those of her Gifts
zens. The projectors of this plan should there.
fore send petition at once,s so to have opp0r.
tunity of being heard before the report of the I'm.
gineers and Superintendent of the water works 10
adopted Let them make known their wants at
once or thew will be too late
Year: 1859

TIE LATE BURGLARIEs.-The police
have long been satisfied that most Of the house
breaking carried on in the city was the work Of
the gang of young outlaws now confned In jail,
and under that belief some members of the uirht
department are steadily at work endeavoring to
get sufficient evidence to fix the acts upon some Of
them. Private Franklin, We notice, has been
quite active in the search, and besides tracking
knife, stolen from Sutherland when his store was
robbed, to Robert Heath, has also discovered
gold pencil, doubtless stolen from Woodhouss
when his store was robbed, to the same party.


The burglars, in disposing Of their piuuder, no
doubt had partners who carried the goods MP the
river and this fact of itself may yet lead to their
discovery and punishment.
Year: 1859

The Bulletin says that a grand
convention was in session in New
York on the 5th of September. con-
sisting Of representatives from every
respectable telegraph company in the
United States, and representing cap
ital of 100000. The object of the
convention was to agree upon parties
to build the overland telegraphic
line. The immediate construction of
the work had been determined upon.
Year: 1859

Great Rep3blic.-Geo. W. Welch
has sent us copy of the Great Re-
public for October. 1t is filled with
a lasting quantity of good reading
matter to be furnished at four dollars
a year.


We are also indebted to the same
gentleman for copies of the Musical
Guest-a weekly musical publication
of indispensable value to pianists.
Year: 1859

A COOP JOKB.-A bald headed old
gentleman in Cincinnati. bearing that
burdock leaves, carried in the hat.
would prevent sunstroke, he gathered
a lot which he supposed to be such,
and wore them during one of the hot
est days last week: but what was his
surprise next morniug on finding his
entire scalp drawn into most beauti-
ful blister, he having in mistake
taken the leaves of the horse radish.
Year: 1859

improvement in Street Lights.-No one who
has occasion to walk our streets at night can fail
TO notice the steady brilliancy of the street
lamps in the upper portion of the city. Upon
enquiring into the cause, we learned that Supt
Fry had, by direction Of the COMMITTEES on
Light removed the old fashioned burners and
substituted those of Gleason's patent for them
The experiment has been tried only on a por.
ton OF the lamps in the highest part of the
city, where the pressure being greatest there i.
more waste of gas constantly going on through
the old burners. These new burners rs VIZ
learn from gentlemen familiar with their con.
struction, regulate the flow of gas and thus
prevent any waste. They are, therefore decid
edly superior to those formerly used; and rs
they improve the light, it is to be hoped thai
the Council Committee viii order them to be
placed on every public lamp in the city.
Year: 1859

WASHINGTON MoNUMEET.-lt is unders;o d
that the managers OF the National Washing
ton Monument have adopted resolution 10
appeal to the patriotism of the State govern
,nents to aid them i'll their efforts to rear n
monument to the name and fame of Washing
ton. at the seat of government; and with that
view have already addressed letter to the
Governors of several States, requesting them
to lay their application before the respective
legislatures now in session or soon TO assem-
Ill