smithclay/nortonstories huggingface dataset:
Year: 1869

The Telegraph Litigation Caso-Cherse Of


tho Oourt-Disaxrecment Of the Jury.


Before Judge Gilbert


The case OF Shay vs.. Tho Western Union Telegraph
Company, reported In yesterdays HERALD, was
given TO the jury yesterday morning. In charging
the jury Judge Gilbert said that the duty OF the tele
graph company was to perform the contract entered
into with Shay. Ordinarily, in the absence OF any
special circumstances, that contract would require
the company to transmit the message and receive
back the answer, and 70 transmit both mes
sage and answer correctly. Ine message IN
which contained the terms OF tine contract
under which the company undertook to transmit
this message. Among these terms was TINS one:--
"And 1t IL agreed between the sender Of the follow
ing message and this company that said company
snail not he liable for mistakes or delays IN the trans
mission or delivery or for the n0D-deivery OF any
unrepeated message beyond the amount received
for sending the samc.n 1t is Of no consequence
whether or not Shay read the terms OF the contract
printed upon the paper upon which the message was
written. When he wrote the message upon this
paper furnished oy the company he became q party
to contract expressed in those terms. AS he had
an opportunity to understand the terms OF this con-
tract the law presumes that he did understand
surance he is bound by the terms contained in the
policy whether he has read them or not as in ninety
nine cases out OF q hundred man taking out
policy OF insurance never does read them. In like
manner the terms printed upon the paper containing
the message were binding upon the plaintiff, and
should be SO treated by the jury The next question
is-What is the liability OF the company under that
contracts They are not liable for any mistakes uIl-
less the message Is repeated. They responsible
for exercising all the skill In their power in the
transaction OF the business entrusted to them. They
are the first place. bound to have their telegraph
wires in the best condition and to have competent
operators. The fact that there was an error must
not he taken as presumptve evidence OF negligence
the part OF the company, y the jury were satisfied
that the company had all the requisite appliances for
the proper transaction OF their business. 1t was
charged that they must be satisfied Of some negl-
pence In their use In order to find verdict against
the defendants. III the other hand the turV
should be satisfied that there was such negligence
the plaintiff would be entitled to verdict FOR such
damages as were the necessary result OF this error
the expenses Of printing and the journey from Pitts
field, Mass, all incurred on the presumption thai
he could have the use OF the hall telegraphed for,
when he could not


The Jury alter being out about four hours, could
not agree to the negligence OF the company, and
were discharged.
Year: 1869

BREAKING COITs-RAREY' METHOD or
HoRsE TRAINING. The more high spirited
and the more valuable the colt is, the more
likely i he to be spoiled, by trying to do, at
three years old, the work that should have been
done before he was one


lie should be brought into the stable, and
visited, and handled often, until he is some
hat used to it, then portions OF the harness
tried on If he can b, accustomed to it without
showing fear, lead him out into the yard, and
make him turn to the right or left at the word
OF the reins II he refuses to obey which is
lui,e likely, we know OF no way but to whip
hlm into subection. When he does obey, caresS
and reward him, II you succeed in making
him obey here, iaSten him beside steady horse
With a light wagon. and make him 60, peacea-
bly, il he will will, iorcibly il you must. Ii after
all these operations he SHES from the harness,
tries to run from the wagon, or refuses TO draw,
do not give 1t up, but use every exertion to
bring him to submission, and. finally, tothe
process known as tanning No horse properly
gentled and trained according to the above dl-
rcctions will need tanning, but Us the maj orlty
II colts are never trained, L great many horses
will have to be tanned.


Rarcy's method is the best. 1t consists in
fastening up the left fore leg, by strap, buckled
tight over the ankle, and the arm near the
body and the second strap attached to the right
foot, run through the circingle to the right
hand OF the tanner, while the left holds the
bridle The horse is now harmless, and should
be made to hop, when vigorous pull with the
night hand will throw him on his knees, where
he can be held until he is ready to turn on his
side. which he should be encouraged 10 do.
These operations, will take from fifteen minutes
10 three hours, according to the strength and
spirit of the horse. When once fairly down,
he should be caressed, handled, and a saddle
or portions OF the harness put on him untlf he
frds that none of them will do him any harm.
This throwing should be repeated several times,
until the horse readily submits aod allows his
master to do whatever he pleases, BY this
method Mr.. RareY has tanned the most vicious
Ot horses -Anles ic0n Stock Journal.
Year: 1869

OUR NEW GOODS this season embrace q
~ more choice and varied assortment than
we have had for several seasons We take es-
pecial pleasure in inviting all who want cheap
and good goods to examine our stock. Our
motto is. mo trouble to show goods" and Al
ways sell at the lowest price.


my5 ROBERT L. WOOD.
Year: 1869

Cash gold was In good demand during the fore
noon, but became abundant before Clearing House
tme Loans were made at from to per cent for
carrying. Late In the afternoon gold was still more
abundant, and loans were made at from 10 toe per
cent for carrying. The business Of :he day ut the
Gold Bank resuitod as fOllows:--
Year: 1869

THERE is HOPE OF the Supreme Court. 1t
is declared now to be well known that AT
torney General Evarts and Judge b. H.
Curtis believe that the opinion of the Su-
prcmc Court will be almost ii not quite
unanimous in support Of the constitutionali-
ty of the Legal Tender act. The only differ
ence will be as to the legality of the act only
as a war measure, and therefore as 10 when
its operations terminate. Some of the JUS
tices are believed to sustain the right ofCon-
gress to pass such an act at any time, while
others are understood to hold that it can be
done only as matter of necessity or self
preservation. 1t is believed that both opin-
ions will unite in declaring the necessity yet
operative.
Year: 1869

IT APPEARS that the amount of tax receiv-
ed by the State from the tax on travel, and
divested from the exclusive purpose of pay
ing the interest and principal of the public
debt to which it was devoted by the law, is
seventy-three thousand dollars and upward


In other words, Notwithstanding the great
respect which Governor Salisbury and the
other State officials profess for the laws of
the State, and the obedience and Difference
which they require from others, they admit
having defied the law by appropriating
against the provision of a statute, seventy
three thousand dollars Instead of paying
off the debt they have applied it to current
State expenses.
Year: 1869

WHETHER The LEGISLATURE can so impair
the obligation of contracts as to revoke the
charter of the P. w. & b. Railroad Company
and what would be the practical effect of an
attempt TO do so, are serious and interesting
questions. We are assured that the Company
will not pay the tax, unless the law is fully
sustained by the Courts.
Year: 1869

In the examination a few days ago Of the
negro Turner, Grants Postmaster in Geor-
gia, on the charge of issuing spurious
Treasury notes, his only defense was an at
tempt to impeach the prosecuting witness.
About twenty persons, white and black,
swore they would not believe the witness
on oath. The decision Of the commissioner
has not yet been announced.
Year: 1869

mass have credit solid and substan-
tial. A few in the Southeastern part
OF the State are seriously in debt, but
1t is debt that has come down on
them from former years. Ten or twelve
years ago bonds were issued to aid in
the building of railroads. BY virtue
OF the reason that the railroad build
ers did not perform the letter OF their
part of the contract, the people have
been trying to effect compromise, so
that they will have to pay only tor
what they have got. The accumula-
ton of interest has dropsied the debt
until it is quite large, but negotiations
are now IN progress for the adjust
ment and settlement Of the bond-hold-
ers' claim.


They are the only counties of Iowa
which have been by the people serious
ly plunged in debt. We have at least
score of counties that are able to
cash all demands upon them, and we
have no counties, with the exception
of those named, which are involved to
an extent they can not speedily remedy
tIlU TcIllOSc.


The Post paper may therefore pos.
5000 ;to al la ,eace, ana not fret about


Iowa or the counties of Iowa. The


people Of this State understand what
they are at, and all of them know, if
the Post does not, that the railroads
they are building must be built by


money from their own pockets, as we


have no law enabling us to vote tax


for that purpose. We are able to at
tend to our own knitting and we pro-


pose to do it. If the Post must med.


die let it dip into State where it can


arraign the people with facts and not
| with falsehoods. We take pleasure
| IN informing itthat we are by no means
! suffering for want of its lectures, fol
we have State Government that il
out Of debt with half a million cash or


hand, and a government in each coun'
ty that is able to hoe its own row to
an honorable line. When our State
gets into as bad fix as Illinois or any
of our counties as deep in the mire as
the county of Cook, it will be time for
| the people as far off as Chicago to tell
| us what to do and how to do it,
State Register.
Year: 1869

1. Never teach what you don't quite
understand.


2. Never to tell a child what you
can make him tell you.


5. Never to give piece of informa
ton without asking tor it again.


4. Never to use hard word If an
easy one will convey your meaning
and never to use any word at all, un.
less you are quite sure it has "a mean
ing to convey.


5. Never to begin an address or a
lesson without a clear view of its end.


6. Never to give an unnecessary
command, nor one which you do not
mean to see obeyed.


Z. Never TO permit any child to re-
main in the class. even for a minute,
without something to do, and mo-
tive tor doing it.
Year: 1869

ISsrITUrE.-We desire to state thus


early, so that teachers may "govern


themselves accordingly" that the


County Institute will probably be


held in the first week of November
Notice Of the exact time, however,
will be given from a month to six
weeks beforehand 1t is expected that


every teacher in the county will be
present.
Year: 1869

TauE EpucArIoN.-Educate your
children to activity, to enterprise, to
fcarlessness in what is right, and to
cowardice in what is wrong. Educate
them to make for themselves the no
blest purposes of life, and then to fol
low them out. Educate them to de-
spise suffering that stands in the way OF
the accomplishment OF many aims, and
count it as a little thing. Make them
free by lifting them up into the arms
OF life, and not by covering them with
soft and downy plush.
Year: 1869

The first great lesson young mon
should learn is that he knows nothing.
The earlier and more thoroughly this les
son is learned The better. A home bred
youth growing up in the light of parental
admiration, with everything to foster his
vanity and self-esteem, is surprised to find,
and often unwilling to acknowledge, the
superiority of other people. But he is
compelled to learn his own insignificance;
his airs are ridiculed. his blunders exposed.
his wishes disregarded, and he is made to
cnt sorry figure, until his self conceit is
ahashed, and he feels that no knows moth.
ing.


When a young man has thoroughly
comprehended the fact that he knows
nothing, and that intrinsicaly he is but of


little value, the next lesson is that the
world cares nothing about him. He is the
subject Of no mans overwhelming admira-
ton; neither pe.ted by the one sex nor en-
We'd by the other. He has to take care of
himself. He will not be noticed until he
become noticeable he will not become
noticeable until he does something to prove
that he is Of some use to society. No re-
concentrations or introductions will give
him this, he must do something to be re-
cognized as somebody.


The next lesson is that of patience. A
man must learn to wait as we'll as to work,
and to be content with those means Of ad-
vancement in life which he may use with
integrity and honor. Patience is one of
the most difficult lessons to learn. 1t is
natural for the mind to look for immedi.
ate results.


Let this, then, be understood at starting
that the patient conquest of difficulties
which rise in the regular and Legitimate
channels of bust ness and enterprise, is not
only essential in securing success which a
young man seeks in life, but essential also
to that preparation Of the mind requisite
for the enjoyment Of success, and for re-
tanning it when gained. 1t is general
rule 10 all the world, and in all time, that
unearned success is curse.-OM Oaken
Bucket.
Year: 1869

The boy who spends an hour of each
evening lounging idly on street corner,
wastes, in the course Of year, three hun
dred and sixty-five precious hours. which,
if applied to study, would familiarize him
with the rudiments of almost any of the
familiar sciences. If in addition to vast
ing an hour each evening, he spends ten
cents for cigar, which is usually the case.
the amount thus worse than wasted, would
pay for ten of the leading periodicals of
the country. Boys, think of these things.
Think how much precious time and good
money you are wasting, and for what !?
The qualification afforded by the lounge
on the corner, or by the cigar, is not only
temporary, but positively hurtful. You
cannot indulge in these practices without
seriously injuring yourselves. You &C
quire idle and wasteful habits, which will
en T n you thHE through 3 and yssg gsSw
may in after life shake them off, but the
probabilities are that the habits thus
formed in early life will remain with you
till your dying day. Be warned then in
time, and resolve that as the hour spent
in idleness is gone forever, you will i'm
prove each passing one, and thereby tit
yourselves for usefulness and happiness.
Year: 1869

We copy as follows from the New
Orleans correspondence Of the Louisville
Courier Journal:


Senator sprague is negotiating for the
purchase oftwo thousand acres Of land on
Red River. near Shreveport. La. He will
plant it entirely in cotton If hs succeeds
in getting his fat little fist upon it. which
/ have not the slightest doubt he will,
seeing that he is prepared to pay cash. An
agent of the bcl!gerent little Rhode Islam
der is now in this city. and from the man
ner in which he speaks Of the intentions
and enterprise Of Mr.. Chase's son in.law,
we are led to expect something startling
before long. II the million dollars ever
triumph at home, which they are very
likely to do, why may not Mr.. Sprague
remove to this State, and one day in the
near future 60 back to the Senate to cope
with his ancient enemies!


The fact is, M. Sprague has been stock
ing out SO promiscuously Of late that New
England is not large enough nor liberal
enough to e:the. hold or understand him,
and he has just discernment enough to
recognize his danger, and is already, like
acute strategist, preparing for the change
that must come pretty soon. There is
nothing to prevent him becoming very
popular as we'll as a very rich man If he
casts his capital and person among us at
this time.


A year hence the chances for small
capitalists will not be as good as at present.
There will be more money among the
planters when they receive return from
their present abundant crops, and there
will also be greater disposition as we'll
as ability to hold on to every acre Of the
larger plantations, while slice off almost
any Of them can now be easily obtained
as l said before, for the cash. .
Year: 1869

~ A boy was once tempted by some
of his compan ions to pluck ripe cherries
from tree which his father had forbid
den him to touch.


"You need not be afraid" said one OF
his companions, "for, if your father should
find out that you have taken them, he is
so kind, he would not hurt you"


THAT is the very reason" replied the
boy, "why would not touch them. 1t
is true my father would not touch me yet
my disobedience, l know, would hurt my
father, and that would be worse to me
than anything else"
Year: 1869

r st on your battle fields, ye brave,
Let the pines 'nurmur Der your grave;
Your dirge be in the moaning wave


We call you back no more.
0, there was mourning when ye fell,
In your own wales deep toned knell-
An agony, wild farewell,


But that hath long been Oct.
Rest with your still and solemn fame
The hills keep record Of your name.
And never can touch Of shame


Darken the buried brow.
But We on changeful days are cast.
When bright names from their place fa'
And ye that with yorr glory passed, fast


We cannot mourn you now.
Year: 1869

and possibly to apologize for having stopped
il. This we believe To- he "A common axpe-
rience i'll the history of all established news
papers. No friendship on earth is more con-
slant than that contracted by the reader for
the journal which makes an honest and earn
est effort to merit his continued suppOrt.-N.
!. Journal Of Commerce
Year: 1869

GONG UP SrAIRs.-The Springfield
Republican says the running up stairs,
SO often practiced, is ruinous to the
health. An eminent physician once
said to US that he wouldn't go up stairs
faster than a walk If the house was on
fire and he had valuable property to
save; and we believe he wonldn't.
Much walking up stairs is especially
injurious to women, and frequent rum
ming up stairs is a sure ticket to heart
disease.
Year: 1869

~ John Neal once said: 81 used
to drink; but one day ! took glass of
brandy and found l liked the taste of
it. said to myself, John Neal, when
you have grown to like the taste of
liquor it is time to STOP and stop 1
did " Not another drop of liquor
passed his lips, and it is believed moth
ing could have induced him to drink
after that, even to the slipping of a glass
of wine.
Year: 1869

re- The best thing ever written
about home was by the author of the
exquisite song Home, Sweet Home"
Its author is said never to have had
any home, but lived singly in a garret,
constantly harassed BY all manner of
discomforts.
Year: 1869

~ If in instructing child, you are
vexed with him for want of adroitness, try,
if you have never tried before, to write
with your left hand and remember that Il
child is all left hand.
Year: 1869

From the Daily Courier Of 9th Inst.


The REGISTRY LIsT.-The Registry
list in this, Center township, is fully
completed, and it foots up 1853 vo-
ters. This is larger than we expect.
ed. Still since the adjournment Of the
Board last Thursday We have learned
ofsevcral that arc not on the list
Making an estimate upon the basis
that there are six inhabitants to every
voter we find the population of this
Township to be S71S. Taking the
population of tho city to be 1000, it
would leave tho population Of the
balance of the Township 171s, which
is perhaps nearly or quito correct.
Year: 1869

Democrats Of Wapello county,
who take an interest in agricultural
matters, and who were pleased with
the successful reinauguration OF their
society, should read an item found
elsewhere from the Oskaloosa Herald
and see how much good at home and
abroad their euphonous organ ID
doing for them.
Year: 1869

The following beautiful and char
acteristic letter from Mr.. Lincoln has
just been published. 1t was addrc IS
to a widowed lady of Boston, FIVE
Of whose sons had laid down their
lives in the war, and whose sixth was
lying dangerously wounded at the
hospital at Rcadville, Massachusetts.


Executive Mansion, Nov. 21st.


DEAR MADAM: l have been shown
in the files of the War Department
statement that you are the mother
Of five sous who have died gloriously
on the battle field. / feel how weak
and fruitless must be any words OF
mine which should attempt TO be
guile you from the grief Of a loss SC
overwhelming. But cannot refrain
from rendering to you the consola
ton that may be found in the thanks
Of tho Republic they died to save
| pray that our Heavenly Father
may assaugc the anguish of your be
rcavoment, and leave you only the
cherished memory Of the loved and
lost, and the solemn pride that mus,
be yours to havc laid so costly sac
rifco on tho alter of freedom.


Yours, A. LINCOLN.
Year: 1869




Two brothers named Richard and
Michael Wangdon were drowned in
the Mississippi on the Dcs Moines
Rapids lmpIovent near Keokuk day
before yesterday.


The Gate CITY says they were en-
ployed under section boss Snowden,
at Gibbonsvillc Distillery to remove
drift wood from the rip rap protec-
ton oftbat place. While thus enga-
ged one of them accidentally slipped
and fell into tho river. The other one
in attempting to rescue his brother
was washed away from the wall BY
the rapid current, and as neither OF
them could swim, both went down
together and were lost. They were
both good, sober Industrious work
men. They leave two young broth.
ers and a sister to mourn their sad
aud untimely end.
Year: 1869

WHAr He Cora committee ap-
pointed by the Illinois Legislature TO
investigate charges of corruption
against members OF their body, we're
about giving up foiled. after most de-
termlned effort to find ont something
rotten to report. when they fortunately.
as they thought. had a member brought
before them who admitted that he re-
ceiyed something for his vote" Up
on this admission they instituted
most searching enquiry which resulted
as follows


Question You have stated that you
have on certain occasion, received
something for yonr vote Did the com
mittee understand you correctlyi


Answer Yes sir.


Q-Haye you received anything for
your vote on more than one billi


Ayes sir


R--About how many2


Al cannot tell, without stopping to
think little while.


Owe will waive that point for the
present You will nov state to the
committee what you received for your
vote. The reporter will please record
the answer in fall, and the witness will
speak slowly. in order that bis answer
may be taken down


Al got the curses of the whole ccm-
munity.


We may add. says the Harrisburg
Telegraph, that the Illinois Legislatoris
experience is not an uncommon one.
Year: 1869

THOMAS II. SELBY, Taxpayers can
didate for Mayor of San Francisco,
is elected by the small majority of
III. We shall not be so foolish
as to attach any political significance
to his success, as be is himself an ar
dent Democrat, though opposed to
the nominee of the party. On the
contrary, politics cut no figure what
ever in the contest and if it did
we are sorry to know that ring of
rascally Republicans Joined the De-
mocracy in support of McCoppin.
The contest was simply between
good men and good order as against
rowdyism and misrule, the best cit
izens of either party supporting the
former and the worst the latter, and
so evenly divided are the two ele-
ments in that city that one has se-
cured the Mayor and the other the
Common Council.
Year: 1869

THE Fifteenth Amendment in the
hands of such INSCRIPTIONS dema-
gogues as Axtel and McCoppin, be-
came powerful weapon of subju-
CATION when used ON an illitera.e
rabble, such as hang around the
wharyes and along the Barbara coast
of San Francisco. Thousands of
poor coots, who have neither SYM
pathy with aristocracy nor respect
for the rowdyism of the ring, have
been drawn to the support of the
Democratic ticket by servile fear
of being crowded out of society by
Cinnamon, excited by these same
demagogues who know the kind OF
timber they have to work on, and
hew accordingly. A majority OF
those who thus voted on account of
fears aroused with reference to the
Fifteenth Amendment we venture to
say never read the proposed Amend
ment and have an idea that it estab-
fishes Cinnamon in full citizenship,
or gives them advantages that white
people don't enjoy in the politics OF
the country.