smithclay/nortonstories huggingface dataset:
Year: 1875

IT occurred in Oshkosh. ''Will you
do it ?" she said twisting one end of the
strap around her hand and fetching
him a ''stinger" across the shoulders
with the other. He squirmed and look
ed frantically at the keyhole of the door
as if he could crawl through it. "Will
you do it p she said, aiming two OF three
at the calves of his legs, while he skipped
around like great northwestern grass
hopper with the jim-jams. "Will you
do it? she repeated, concentrating her
energies for terrific swoop, and dealing
him binder over the eyebrows that
made the cold perspiration start out of
every pore in his body. II will !" he
roared in agony and they were married.
Year: 1875

Tho Board of City Record, which is composed Of the
Mayor, the Corporation Counsel and the Commissioner
of Public Works, held meeting yesterday afternoon
and appointed Richard J. Morrison TO be Supervisor
of the paper in place Of Colonel Farrell who ap-
pointed by Mayor Havemeyer. the successor of
Abram Dlsbecker, of the Police Commission
ers Mr. Morrison is not printer by trade, has he
ever had any experience journalist He was up
4 few weeks ago, clerk in the Comptrolicrs office


but his position made so uncomfortable for
him by Mr. Green after he became member OF tho
now Tammany General Committee of the Fifteenth dis
trct that he was forced to resign His appointment
as Supervisor of the Record doubtless made at the
suggestion of Mr. John Kelly During tho last
OF the Legislature Colonel Farrell paid several visits to
Albany on business and Mr. Morrison was there very
often, it was stated looking out for certain interests of
tho Comptroller Mr. Charles Swan, who also spent
much of his time in the lobby Of the Assembly last win
ter occupies the position vacated by Mr. Morrison
Year: 1875

the Court Is the common law rgns every autho
and his legal representatives have 10 manuscript liter
airy productions before and until pubcaton that this
right is wholly distinct from the so-called copyright
the right conferred by statute TO the duplication of
copies after publications. that It s the right anterior
and Independent OF the statute He urged furhor that
literary property by which Is meant the right Of
author 70 the exclusive and enjoyment OF the pro-
ducti0ns OF his mental faculties when embodied by him
in connection of words and sentences-the thoughts
ideas and sentiments OF the brain when expressed in
consecutive arrangement OF words-has been held un
questioned, and that until intentional unequv
oca act of his shall have vested in another
somo adverse right the authors property In
his work remains perpetual He next proceeded 10
consider the question of publication Publication,
he contendcd is dedication to the pubic-a printed
coocation of words is essential TO it, II implies ex RI
termin that there has been the part of the author
voluntary dodicatOn or abandonment 10 the public
OF that which before his sole and exclusive prop
erty and rght that by II be not only does not intend
TO maintain retain his rights, but voluntarily aoan-
dons them The public dramatic performance oil manu-
script drama the stage by the author or his assignee
for his their own profit IS not publication IL ~
the Of property by its owner not an abandonment
OF right If il be property the right TO use II must
exist. He next took up the point OF memoriAng the
drama and insisted that no such presumption arose He
also showed that II in evidence in this case that It is
unlawful in France the country OF the author, TO
print publish aplay or manuscript or even 10 take
stenographic notes from the performance OF the
the stage without the consent OF
the author. The plaintiffs, he further contended,
seek TO be protected against an invasion OF their prop
erty against an infringement, which VIII almost
destroy the value OF their manuscript and 10 be sup
ported in ther rights thereto al common law ana De
cause it is but common right Aliens and citizens
alike before the law the right OF copy before pubca
ton The policy OF our country has ever been 10
extend liberty and equality before the law to all man
kind TrOS TepriUSOe RHHo Dihi diSc1Bae 0getue and
TO yndicate the rights of property in every court r
respective of race station or citizenship. In con
cuson he said that the plaintiffs right upon the
determination Of which by this Court must stand or fall
the right of every author in his literary production has
been sustained by of the abes urists Of modern
times, and great number OF such decisions wero
cited


Mr. Smith fol lowed the same line or argument as Mr.,
Booth also did Mr. Thomas W. Clark, and Mr..
Brooks in lengthy speech succeeding them, enlarged
the points OF Mr. DittenhOefer.


Judge Curtis took the papers intimating that he
would render sneedY decision.
Year: 1875

Chief Justice DAILY, chairman of the Board for the
Selection OF Jurors has delivered his opinion that
Colonel Dunlap, who has thus far been virtually recog
nized by the Board its secretary Is the Commissioner
of Jurors and therefore that the claims Of Douglas
Tavlor can be of no avail The points upon which this
decision is based have already been given In full in the
Year: 1875

nor the place required
by the Constitution of Alabama, vet the
majority in this Senate admitted Mr.
Spencer to his seat. Mr.. Gordon then
spoke of the feeling in the South, espe-
cially in his own State, and denied that
there was any snimosity existing be-
tween different political sentiments.
He desired to lay before the Senate the
words Of gallant soldier who, while the
war lasted, ever had his sword cleaning
in the front of battle, but who, when the
war ended, had laid his sword upon the
altar of civil law; he referred to. Major
General w. S. Hancock, and read from
sn order of General Hancock issued
while that officer was in command ut
New Orleans, in 1867. Resuming his
argument, he said those words ought TO
be stamped upon the records Of this land
as they are to-day stamped upon the
hearts of the people Of Louisiana.
The Senator from New York
had not touched upon the question as to
whether the law authorized the invasion
of Louisiana. Neither had the Senators
on that side of the chamber. When
asked to point out the law their response
had been murder and outrage That
had been the sum and substance of
all the speeches made upon the other
side. What was the use of continually
hurling in his (Mr. Gurdons) teeth, and
talk of his people that they were rebels.
They differed in opinion with the people
of the North-an opinion honestly at
tanned Perhaps if he had lived in the
North he might have been in the North
ern army, The people of the North
thought those of the South were wrong,
but that was no reason why the two sec.
tions should be quarreling forever.


The Senator continued his speech at
some length, and at its conclusion the
Senate adjourned,
Year: 1875

duction, but when the law gave no other
course il i'll becomes ministers of the law
to impeach such u law.


Mr.. Evarts rose to reply to the
argument. He said the aversion
spoken of BY his learned friend
to suit Of this kind, was also regarded
in the same light by the law; We are dis
cussing, said the counsel, the admissible
ity of the witness with regard to his evil
dence and the marriage relations, rs fixed
by the laws of this State; and he submit
ted that there was no rule of common
law opening the mouths of either hus-
band or wife; he argued that the law, as
quoted on the other side, had been changed
by the code of 1869; it must be plain
to the Court that the law governing the
admissability of husband and wife as
witnesses was ruled by the statute oil
1863; he quoted from legal authorities
that wife could not testify against
husband, when either was not party to
the suit; the question, said the counsel,
was raised on the other side, that the huS
band WAS not on one side and the wife on
the other, but the result would
be the same in proving the criminality
Of the wife There was no case in our
courts which showed that wife or II
husband could be witness against each
other under the laws of evidence. Well
might the legislature, said the speaker,
stand appalled, ut the opening mouth of
II husband or wife in the case of adultery.
The legislature impressed with the diff
Guilty of invading the common law, laid
down the rule for neither the wife or the
husband appearing one against the other.
The counsel felt entirely inc mpetent to
examine witness in II case like this,
where he could shut his mouth and re-
fuse to answer any question put to him.
He looked with dismay he said, on the
idea OF a witness being allowed to override
him. All the efforts of the law were to
purify and exalt Il structure that has been
"A perpetual habitation for liberty and
Justice, furnished by the wisdom and
courage Of our ancestors. With this r G.
mark, Evarts closed. Judge Nelson
stated that he would give the matter his
utmost consideration, but warned
counsel that he would deliver no written
opinion, but that it would be Il frankly
spoken opinion on the merits of the case,
The Court made an effort to induce the
counsel 10 go on with the case tomorrow,
or meet next week half an hour earlier
and adjourn half an hour later every
day, but to this the legal practitioners
demurred. Judge Nelson. in answer to
exJudge Fullerton, said that his opinion
would be delivered Immediately on their
meeting on Monday next.


Adjourned.
Year: 1875

ana imagine the specious ways in which
he taught her that her crime was but
species Of love; that seduccr is brought in
to the hail of justice to answer for his
crime and there was no rule in the law
OF this State to prevent the injured man
from tcStifying against him in suit. and
i'll behalf of this proposition the coun-
sci cited from numerous legal authorities.


He called attention to the case of South
wick against Southwick, in '79, in New
York, "a the case in question. 1t is said
that this is the destruction of con-
iugal felicity, but the law
should be uniform and universal in its
character and there should be no dever-
stiles of opinions but was not the harmo-
ny of conjugal relations TO be disturbed
AS much BY allowing him and his wife to
testify IN suit or one against the other.
Counsel quoted from RobinsonS reports,
a case, where wife had left her husband
on account of cruelty and his bringing
lcwd women in the house with HIM, the
wife was admitted rs n witness to testify
as to the facts of the matter. This was
followed by an extract from the opinions
of Justice Jones, in which he admitted
the late changes in the law with regard to
relations between husband and wife, in
this country and England and referred
briefly to them. Counsel at this point
suspended his argument and recess was
taken
Year: 1875




After recess commotion was raised in
the court room by the entrance of Mrs.
Tiltsn on the arm OF Mr.. Overington,
and accompanied by Mrs. Field and Mis-.
Shearman. The party took their accus-
toned seats facing the jury and behind
the counsel of the defense.


When order had been restored Mr..
Beach continued his argument. He was
aware that plaintiffs testimony would re-
fleet on the chastity and purity of his
wife. The answer of the law was that
she was not interested in the suit, and she
might claim all the privileges of wife
from the plaintiff, II was not the hus-
band that revealed this wife's dishonor,
but her seducer's There was something
repulsive in the thought Of suit of Sc
Year: 1875

On election day many of my people


were prevented from voting as they


chose; some of them voted the WHITE


League ticket; they voted that way to
save themselves without the presence Of
the troops on election day, l think not
more than 500 colored men would have
voted; the white people agreed to employ
men who voted the Democratic ticket,
and not men who did not vote at all the
public schools in Natchitoches parish are
free, and at present the colored children
Year: 1875

NEW YORK, Aug. 31.-There was an ex-
citement again on Wall street to-day. Du-
ring the last half hour of business the stock
market was weak. Stocks declined and
money advanced, call loans saving being


run to six per cent. The decline in stocks
was lead by the Western Union Telegraph
Company and the Lake Shore. Among the
reasons assigned for the heavy decline in
the past two days in Western Union Tele-
graph are reports that negotiations with the
Atlantic and Pacific Company have been
b11.en off. and that the latter is to
unite with the California Company
and that the recovery of the direc-
cable by the Farraday will make the opposi-
tion of the Western Union powerful. The
Post says while these reports are plausible
enough, the real reason is believed to be
simply sales by recent larger holders on
speculation. The account of the Express
says of the fluctuations yesteaday and to-day
were purely speculations and had no refer.
ence to the outside situation which shows
signs of Improvement and especially among
the merchants who are doing little business
as the season advances.
Year: 1875

DOStOU 4 OH.


A correspondent sends the following: "In


crossing Washington street yesterday, a
lady slipped and fe:l, hurting one Of her
ankles. A youth sprang to assist her, and
seeing al express wagon coming directly
for them, called out for the expressman to
look out. The latter did not do it, but drove
right at them, when the youth seized the
bride and forced the horse back. The ex-
pressman came down from his seat on the
wagon, swearing and making illusions not
of pleasant kind to the boy. The latter
was transformed for an instant into savage,
sprang forward and struck the man full in
the face, knocking him down, and then
placing his foot on his breast, seemed pre-
pared to strike. him again. All this took
place in less than a minute, and several
gentlemen, including myself, stepped for
ward and interposed. The expressman was
taken in charge by policeman, and the
youth went of, giving no name. o, ~
Year: 1875

The Baltimore american of yesterday says


"Another delegation of peach girls from


Round Top, Kent county, on their WY back


to Philadelphia, arrived in Baltimore ycster.


day morning. and applied to Mayor vansant


for transportation home. As in the case OF


the two delegations which called upon him
on Frtlay and Saturday of last week, they
told sorrowful story in regard to their
treatment. They say they could, by hard
labor, earn forty cents day, and had to pay
two dollars per week board. They declared
that none were paid money, but were given
checks for their wages, payable at the end
of the season, so that any who went away
before the close received nothing at all for
their labor. They represented that the food
provided was very poor that the only thing
fit to cat was the bread, and that was of in
ferior quality. A. Eight they had to sleep
in hunks on straw ticking, with no bed
clothing except they brought it with them.
About four hundred peach girls, they said,
we're crowded in the sleeping apartments.
Among the women, it is said, were some who
had been taken out of the Baltimore city
Jail. The Mayor furnished the applicants
on board steamboat to Phil
adelphia, with money to procure meals, and
they went on their way rejoicing. This
makes twenty -four girls Mayor Vansant has
sent back to Philadelphia at the expense of
The city of Baltimore on account of the
peach crOp.'
Year: 1875

In the cage OF Detective Walling's bill against the
county for expenses incurred in bringing prisoner
from California 10 this city decision embracing a very
Important point given yesterday by Judge Sper
holding special Of the Superior Court. The fol-
lowing is the opnion:-


The plaintiff employed by the District Attorney
Stale upon the Governor of the State Of California for
the eytadtion OF two fugitive criminals The District
Attorney approved the bill as justly due, which
amounted 10 $903 ~ The bill presented 10 the
Comptroller for payment and refused on the ground
that under the Law the District Attorney might recover
the amount claimed charge against the county, but
that his empioye could not. With some hesitation,
think the demurrer should be upheld The relation of
employer and enpOye does not exist between the
plaintiff and defeudant-no privity OF contract be-
tween them. When the statute under both
subdivisions Of the third sccton n, speaks
of ''eXpepses necessarily incurred" and ''moneys
necessarily expended, by the District
Attorney any county officer II clearly contempates
that the county shall have the sanction Of the officials
oath as 10 what constitutes tho necessity OF the
lay. If this PLAINTIFF has cause of action it ar1se
by ordinary contract between him and defendants, and
he would not be called upon to prove the necessity OF
the services performed by him. 1t would be enough
that they performed. The city would be forced to
pay any charge made by any person other than its
Official officers, and consequently without the checks
ana safeguards conto omplsted by the law. The remedy
is against the District Attorney whose duty II Is
think 70 recover himself against the city by taking the
necessary steps and furnishing the necessary evidence
under the statute Judgment for defendants.
Year: 1875

For several years the southern portion OF Washington
street. Jersey City mas been blocked up by sugac
lning rm and all attempts TO continue the street 10
tho Central Railroad have been frustrated by njunc-
tons obtained at the instance Of said company few
weeks ago an Indignation meeting held
in Kepcr Hall in which resolutions wore
adopted protesting against the prctcnsions OF Tho
said 6rm TO obstruct tho highway Mr. Lewis, Cor
poration Counsel notified yesterday that Chancel-
or RunyOn has rendered decision dissolvng the in-
junction obtained by tue sugar rcdners The right Of
the city to continue the and complete the bridge
over the Morris Canal Is thereby affirmed Washington
street Is important highway OF Jersey City and
will open I'D to tho citizens railroad communication 70
several thriving districts In the State which could bo
only reached hitherto by crossing TO New York aud
tax ING the Liberty street ferry.
Year: 1875

Yesterday morning Detective Dorey, OF the Sixth
precinct standing the corner Of Broadway and
Reade street, when he spotted two noted thieves
passing him by. One OF them bad spring overcoat
thrown over his and the other smoked Flor del
Fumar and sported plug hat. The detective imme-
diatey thought they for business and followed
them up Broadway. They entered No 73l, wholesale
crOckry and cutlery store and under petcnce of buy


ing knives, &c Of them succeeded in conceal
ing in largo pocket in the inside OF his coat used by
shoplifters and commonly known swag pocket
a number of silverplated tablo knives. The detective
watched them until they came out, and then asked
them what they had been doing They said they had
been trying to negotiate the purchase OF spoons
OTIS too thin, said the willy detective he took the
two back TO the store and there searching them found
thoir persons $50 worth of ivory handled silver
plated knives He at took them into custody, and
in the afternoon they taken before Justice Duffy
and held for trial at the General Sessions.


Justice Duty conplimented Oncer Dorey the tact
and vigilance no displayed in making the arrests The
property was fully identified.
Year: 1875

tions have other claims against the premises for work
and material furnished and done upon the said building
and are entitled 10 come in joint plaintiffs and avail
themselves OF the benefits Of any judgment which may
be rendered in the action Injunction is asked for
restraining the defendants from conveying or mort
gagng the premises and collecting the rents and that


receiver be appointed and that the defendants
with the plaintiff and other claimants, and that the
interests Of all the defendants be charged with the pay
ment OF the claims and that the real estate be sold
under direction Of this Court, and that the
shares of the defendants be appropriated to
the payments Of the aforesaid claims. concluding
with prayer for other and general relief Tho dc
murrers nterposcd upon the ground that three in


fanls children of Mary Frazier and deysees under the
viii are now living and should be made parties de.
fendant IL is quito clear think that these infant
children Of the trustee and his wife should be made
parties TO this action BY the will Of John Gordon, tho
common source Of title, the trustee rs expressly au


thorized after the death of tesators daughter who
takes life estate, to apply the net rents issued and
profs OF both the real aud personal estate 10 the
education and support OF her children until they arrive
at the age OF twenty years when the trustee by the
terms OF his trust must convey an the rea ana per


sona estate tho said children share and share alike


These infant children not charged with the unauthOr


lied and fraudulent acts of the defendant nor could
they be, aud admitting that their vested estate MS re-


fee could be touched by the alleged con


by the parties charged cannot be contended that
the provision made their support and education dur


ing infancy should be put into the hands OF receiver
without being represented The question is not because
they liable therefore claim can be made against
them contended by plaintiffs counsel But the qnes
ton ~ their rights ana interests bens nxed oy heir
bcnefactOr under his esamcntary act those rights
be interlcrcd with by court of equity
without bringing them before the Courts The bare at
tempt by parties who in fact the natural guardians
well their nearest blood relations to diycs infants
OF their estae furnishes the best reasons for calling
them before a court Of equity when an appeal is made
TO apply remedy for great wrong Ii is not pos
sible to know what judgment may be finally made,
whether the property shall be ordered to be sold
prayed for in order TO adjust the several interests of
all concerned assuming that the plaintiff shall succeed
think that complete determination of this contro-
versy be had unless these children be brought in.
The defendants must have judgment on their demurrer
Year: 1875

to New York Sunday, August IS, 1875 and was found
at the Atlantic Basin on August 10 and the jury
the owners lessccs Of the steamboat william
Cook for their reckless disregard of human o IN LOAD
Lg their boat beyond her capacity and also for not
providing for the better security of passengers in he
event Of accident