smithclay/nortonstories huggingface dataset:
Year: 1875

The court of appeals sitting at An napolis, Md, have decided the case of the Knickerbocker Life Insurance Com pany vs. Magdalena Peters under an ap- peal of the company from decision of the lower court. The company defends it's action under the clause in the policy which makes it void: " If the assured shall die by his own hand or act.

 The court saysit is now too well set tied to admit of question that the clause is not to be construed as comprehending every possible case in which life is taken by the party's own act. All the authori- ties concur ill the view that an uninten- tional or accidental taking of life is not within the meaning and intention of the clause. Thus, if by inadventure or ac- cident, party shoots himself or takes poison by mistake, or in sudden frenzy or delusion tears 8 bandage from a wound and bleeds to death, in the literal sense of the term he dies by his own act, yet all the decisions agree that reasonable construction of the proviso according to the plain and obvious in tentions of the parties, would exclude such parties from its operation. The act of self destruction in this case was by hanging, and the court instructed the jury that the clause in question would not prevent 0 recovery if they found from the evidence that the deceased killed himself in fit of insanity, which overpowered his consciousness, reason and will, and thus acted from @ mere blind and uncomfortable impulse; and that after they are satisfied he died by his own hand, it becomes incumbent on the plaintiff on her part to offer proof sufficient to prevent the operation of the clause, and she does not comply with such exigencies by proofs merely that he was insane at times. She must prove that he was insane when the act was committed, and in the absence of proof of his condition at the precise time when the act was committed, they must pre- sume he was then sane, and they cannot draw an inference that he was insane from the fact that he destroyed his own life.

 These instructions, say the judges, state the law more explicitly and more favorably for the insurer than is found in any of the American authorities to which we have referred or to which our attention has been called in argu- ment.

 The court say, in effect, that when the act of self-destruction is done during in- sanity it is death by accident. They have examined the record in the case and cannot say that there was no evi- dence legally sufficient to authorize jury to infer and find that the deceased killed himself in fit of insanity. The judgment of tile court below (the court of common pleas of Baltimore), which found for the plaintiff (Magdalena Pc ters), was affirmed. . . +-... .. ..-
Year: 1875

A singular coincidence occurred last week on one of the last days of the sick ness of 0 young lady named Agnes Ledgerwood, in the town of Putnam She expressed desire for boiled part ridge: but her friends, knowing it was almost impossible to procure one at this season of the year, endeavored to per suade her out of the notion by offering to obtain squirrel This idea did not seem to suit her, as her appetite craved the partridge alone; and, strange to say, during the same day & partridge flew against the house, and becoming dis abled was readily caught and cooked for the dying girl. It was about the last of earthly qualification she was permitted to enjoy, as she soon after expired.
Year: 1875

At an auction of household goods on Harrison avenue the other day, when q woman had made 0 bid on an old bureau worth about two dollars, boy slipped around to another woman and whispered: "You see that woman over there with blue bow on?" "Ycs" Well, she says no woman with red nose can buy. anything at this salc!" The woman with the red nose pushed her way into the crowd and run the price of the bu- reau up to SIP, and as it was knocked down to her she remarked: may have a red nose, but no cross-eyed woman with blue bow on can bluff me, Y --DetroI Free Press.
Year: 1875

In French penal colony male and female convict wished to marry .as the laws allow but the authorities required first the production from France of cer- tificate of the death of the mans first wife, though he was in the colony for complicity ip causing her death.
Year: 1875

There is scarcely any ache to which children are subject, so bad to bear, and difficult to cure, as the earache. But there is remedy, never known to fail. Take bit of cotton batting, put upon it 9 pinch of black pepper, gather it up and tie it, dip it in sweet oil, and insert into the ear. Put flannel bandage over the head to keep it warm. It will give immediate relief.
Year: 1875

A contemporary asks: What are
the street lamps for?" The man who
dosen't know what a street lamp is for
is hardly fit to sit In an editorial chair
and mold public opinion. Street
lamps are for weary young men TO
recline against at midnight, when
they forget the way home-Norris-
town Herald.
Year: 1875

A most foul and unprovoked murder is
supposed to have been committed on Bayou
Rapides, near the Archinard place, some
ten days since. A negro woman, Isabella,


wife Of Steve Smith, a negro man we'll and
long known here, from some cause have
been on bad terms for some time, though
man and wife for thirty years. On Thurs
day, the eleventh instant, the woman Isa-
bella was missed, and for several days there
after strong suspicious of foul treatment
were rife among the negroes in the neighbor-
hood, and all were Outspoken against Steve.
her husband, as the author and cause of
her sudden and mysterious disappearance
Early in the day last Friday morning
the mystery and murder were unveiled by
the finding Of the body of Isabella in the
bayou, near the old blacksmith shop on the
Clarke place. The coroner was sent for,
and an inquest at once held, and the finding
thereof justified the just suspicion of the
negroes. A large cash in her head, given
with heavy instrument of iron, plainly
indicated that she had been killed, and then
thrown in the bayou. The verdict of the
jury was in keeping with these facts, charg-
ing Steve as the murderer, and negro
woman as accessory to the same. The
woman has been arrested and lodged ip jail
Steve is still at large, having left for parts
unknown the night previous TO the finding
of the body of the murdered woman-Aler-
dudri0 Democrat
Year: 1875

In Tuesdays issue of the Daily Adc0cate
we mentioned the accidental shooting OF
Atherton Bynum, eldest son of our es-
teemed fellOw'citizen, Major Thomas BY.
mum, which happened Monday evening.
We were unable to give the full particulars
in that issue, for want OF full information,
which we gained Tuesday evening. and is
substantially as follows


1t appears that young Bynum had taken
his shot gun and dogs that evening and
gone into the woods not far from the
residence of his grand mother, Mrs. Amos
Adams. about four miles from this city on
the Baton Rouge and Bayou Sara road, for
the purpose of hunting rabbits. Soon after
he got into the woods his dogs took the trail
of d rabbit aud in seeking a convenient
point to intercept the game young Bynum
came to log and got on it. While stand
ing on the log in wait for the approach of
the game he lowered his gun with the butt of
the stock on the log, and 1t is supposed he
was standing with it in position and
that the muzzle of the gun was pointing
toward his stomach The theory is that
after standing q while in this position
he either was in the act Of changing posi-
the hammer coming in contact with log
exploded the caps firing the gun. The loads
struck his body about the navel literally
tearing that part of his body to pieces and
mangling him in a most horrible manner.
A little negro boy was out hunting with
him, and negro man who was chOppirg
wood near by at the time heard the report
of the gun, and Immediately after heard
the words ooh, Lord" Upon hearing this
he Immediately ran to the spot and found
young Bynum lying wounded and helpless
on the ground; he wanted to pick him up
and carry him so the house, but the little
boy said ''NO, don't move me, I'll die in
few moments" A messenger was at once
dispatched to town for DR.. j. w. Dupree,
but when he arrived death had already re-
lieved the unfortunate victim of his suf.
fering.


A dispatch was also sent to Major
Bynum, who was in New Orleans, but he
did not receive it in time to get home be.
fore the interment of his son, which took
place Tuesday evening in Magnolia Gene
terry.


Young Bynum was very promising lad,
and one of remarkable presence of mind,
as also superior intelligence. This sad
blow to the family circle is deeply felt, and
meets with warm sympathetic response
in the heart Of every friend and acquaint-
ance OF the family in this community and
throughout our parish.


Our most heartfelt sympathy is extended
to our esteemed friend, Major Bynum, and
family in this hour of their sad, sad bereave-
ment-Bdton Rouge Adcocote.
Year: 1875

A large delegation of gentlemen con-
nected with the press of Indiana, are ex-
pected to arrive here to-day. According to
the schedule laid out for them they are to
depart tomorrow evening, and will extend
their trip to Alabama and important points
in Florida, returning to the West through
Tennessee. 1t is to be regretted they can
not make q longer stay, but they will be
heartily welcome, and while here the latch
string of all editorial cabins will be out for
than
Year: 1875

A correspondent OF the New York
Tribune gives an exceedingly simple
preeaution in the use Of kerosence or
any other cheap oil. His plan is to
fill the lamp lightly with jewelers.
cotton before pouring in the oil. The
cotton absorbs a great deal Of the
oil, aud in case Of accident the latter
does not flow about, and can thus be
extiuguished. On one occasion bis
kerosene lamp ourst, and a mass Of
fame jumped out; but, being in a
compact body, he covered it Instant
ly with bucket, and with the help
of a water>piicher and a few wet
towels extipguished it before the
slightest damage was done. Had it
not been iolsshe cotton the flaming
oil would have flowed 10 all direc-
tons.
Year: 1875

A FCGlT1yE FROM JUsTIcE.-C. j. Jami.
son. young man who was before the Police
Court few days since on the charge oil
threatening to shoot woman, was yesterday
arrested by Detectives kuoX and Wren on
the charge of being i fugitive from justice.
He is charged with stealing SAD in money, a
gold watch, and diamond pin from his own
father. Detective Wren recovered the pin
and watch, and will hold them until the par
ties arrive from Lynchburg to-day.
Year: 1875

COMMISSION MERCHASTs.-We solicit your or
ders for printing, or. call at any time You may
wish TO See specimens or obtain estimates, feeling
assured that It will be to your advantage.
Year: 1875

Observation-Disclosures as 1t is
called in medical works--incubus, is an
affection Of the chest coming on during
sleep, in which the person experiences q
sense Of great pressure upon the breast and
an inability to move. In cases Of great OF
regular frequency ID is Indicative Of some
chronic disease or disorder, and especially
is this true Of heart disease. Il Is also
frequent in case Of fever, and after per
son has experienced meatal excitement.
Ordinarily itoccurs in the first sleep, es-
pecially If the person is in constrained
position or has eaten heartily. By some,
nightmare is believed to be d disease re.
sulting in the spasmodic contraction Of the
muscles Of the chest, and by others il Is
supposed to be the result Of severe chronic
or temporary physical arrangement, II
rarely terminates life, although it is the
cause Of great bodily suffering.
Year: 1875

Judge Neilson-I am quite satisfied about


this In the first place, without assuming to deny that
there may be an exception TO the general rule OF ev-
dence reaching question OF this kind because 1t would
be remarkable IL could find rule without an excep


on or quaication the basis for this application
is found In opening of thu learned counsel FOR the de-
fendapt and in an observation made by the defendant
himself In giving his testmony-an observation suggest
i've and as has been said rhetorical Now, that part
of the opening OF the learned counsel II it mas
not been proved goes for nothing 1t has not been
nroyed IL ought have been made 1t is unsupported
and therefore might well not exist This observation
made by the defendant after having answered the qes
ton put TO him. uncalled forhls mere opinion III
does not basis To rest upon ana does
NOT indeed seem entitled to be called even an on
ion II Ia an unchartabe observation resting at most
I'm mere conjecture and suspicion. The theory
the suggestion whether II Is In thc eVi-
dence or whether it Is in the opening, or In the
argument, or anywhere else-the theory that a
wife Who comes and tesfes oath before the court
and who is crosse xamined with diligence and acueness


ia ovehadowed by her husband and Is under MS cohroi
and influence, Ia demoralizing theory unworthy OF
court Of justice, and shall instruct the jury not " 30
Year: 1875

Has made the most Astonishing Cures
SO quick, so rapid are the changes the
body undergoes under the influence oi
this truly wonderful medicine, that
Every Day an Increase In Flesh and Weigh
..Il.. is Seen and Felt.


The Great Blood Purifier
Year: 1875

Tho impression prevails among the
commissioners and frontiersmen at the
Red Cloud agency that Little Bad Man
has been In communication with the spir-
its OF his ancestors; and that these spirits
continue to loaf around the lodge of the
bad little man melting him to secure, at
the first possible chance, a commission
er's scalp. From the moment he laid
eyes on the commissioners, he has avow-
cd his intention to kill and scalp one Of
them. He is very liberal, and would be
satisfied with one scalp. But the COM
missioners are not willing to part with
one. and intimate that they will shoot a
large hole through Little Bad Mans
body If he comes about them trying to
get scalp. lie does not share alone in
this desire to obtain the hair Of q COM
missioner. but his entire band arc inclined
that way. 1t is y well-known fact that
an Indian superstition prevails that when
ever call 10 made from the spirit world
it must be Obcycd, and these calls are
generally for scalps. 1t sometimes influ-
enoes whole bands, when select party
goes upon the war-tran, and woe unto
the man they meet. Indian spirits, like al
other spirits, do not utilize their powers
and benefit their worldly kindred, but they
skip over the plains and loaf around
where good is trying to be done, and put
nonsense into the heads OF just such In
dians as Little Bad Man. Ii these spirits
would dress In store clothes and go to
work on steamboats, and railroad trains.
and help balloons through the air, and
turn their wages over to mortals, there
would be some use in having them
around. We feel for Little Bad Man, and
advise him to quit the spirits of his an
cestors and adjourn to suffers tent and
call for the spirits that the Commission.
ers communicated with the day before
the grand council.
Year: 1875

paniment Of strings bssoons and clarinet the second
part being horn solo, changing to bassOon solo, with
string harmonies, and some charming answering
phrases from the two flutes We hear these two sub
jecs interspersed with others hardly less prominent
which We must hurry over Varying and combining in
the most delightful manner yet In strict subordnation
to o fixed plan Of construction which will repay the
most attentive study. The general character OF the
movement Ia eisvated and imposing.


The second movement presto begins In nery
vein, which IL soon interrupted by an odd little
passage for two flutes and two hautboys jumping oc'
taves together These first and second subjects alter
nate at considerable and with fine effect OF con
trast Moderate Assa Of this movement opens with
a fascinating violin solo, beautifully played by Mr..
Lsomann at the end Of which the strings die away one
by one descending passages, and the furious Presto
returns The thing that attracts particular notice
IL delicate trio In major Allegro non Troppo opened
by hautboys and clarinet Almost the whole
movement is then repeated and the first phrase OF the
trio above mentioned returns coda Ia the major
key The difficulties and obscurties OF the symphony
are mostly IN the first two divisions. After this 10 Is
comparatively plain sailing. and the third and fourth
movements are much more keenly appreciated by the
general public than the other two.


The Adagio s almost simple aud anybody can follow
the development OF its beautiful theme with ease 1t
opens with melody In major. beginning as fSlows;
Year: 1875

i


A GENERAL LAW FOR ALL CITIES TO be REPORTED
| TO THE AssEMBLY-BML FOR BUILDING RAPrn
TRANSIT ROADS By PRIVATE CORPORATIONS UN-
DER STATE SUPERVISION.


IFRoM THE REGULAR CORRESPONDENT OF THE TRIBUNE
| ALBANY March7.-Tbe whole ubject of rapid tran
| sit some time ago referred to a subcommittee
of the Assembly Committee on General, Local, and
Special Laws, and has since occupied large share
of their time. 1t is hoped that they will be able to
report general law for all critics i'll the state
during the coming week. They have no Lack
of material upon which to work, for, be-
side the numerous general and special
laws upon this subject that have been introduced,
there are several schemes informally before the
Committee which have not been presented to the


House. Among these is III elaborate BILL drafted by
a citizen Of Nev-York which has some novel fea-
lures, and may te said, briefly to be plan for the
building of rapid transit roads by private corpora
tons which TO ts formed under the direction OF
commissioners appoiEted by the Governor. 1t pro-
vidus for the appointment by the Governor, upon
the application of 80 hPusoholders and Taxpayers
Of any county in the State. OF five commits
soners who shall determine upon the necessity of
the railway desired. They are to Siys bonds of
$2j 0O0 and to organize within 15 days after their
appointment If the road is found to be necessary.





their organization, the commissioners having ex-
elusive power to fx the route streets lands not
already occupied by elevated or underground
railway in actual operation. except those used for
public parks or public buildings, provided that they
iIst obtain the consent Of the owners of one half
in value OF the property affected and OF the local
authorities, or of three commissioners appointed
by the Supreme Court, provided for in
tho Constitution if the consent Of the property
owner be withheld The plans for the road are to be
adopted within three months after the organization
of the Board, and within the same period the time
in which the road must be Completed together with
the rates of fare and rhe hours for special trains at
reduced rates, must be fixed. The commissioners
are to provide for the foi ure to the county OF all
franchises acquired by the corporation building the
road in the conditions exacted OF 1t are not full
filled; are to determine the amount of its capital
stock, and open books of subscription.
Year: 1875

Huntington OF the Southern Pacific Railroad says that
100 additional miles Of track for that road viii be laid


this year 90 miles to be laid before June The work
OF construction rapidly going on and when the line
Is completed. Mr. Huntington that It Will be one OF
the best built railroads In the country.


The Texas and Pacific Railroad Company arc doing
considerable work the way OF grading. and will prob
ably lay considerable number OF rails ere long The
managers Of the Company not deferred BY the action
The last Congress- intend to appeal to the next Con
gre., for subsidy with more hope OF success.
Year: 1875

and this passing from Instrument 10 another ana
entering into a multitude OF ingenious harmonic com
binatons now moving with stately step through the
bass now repeated redou0ed speed. again comph-
cated with suspensions by the yioltns is the
principal subject of the drst part OF the symphony. 1t
carries us into tho Allegro Moderate, and theD when
the time sackens little another important theme is
introduced OF which the following is an outline
Year: 1875

This graceful and tender suhse is unfolded slowly BY
the strings with constantly increasing beauty In the
soft harmones, until at the seventeenth bar the ceIh
and announce the following phrase, with e1-
preston, but with marked energy:
Year: 1875

The following is said to be an efiicacious
method of cleaning rusty plows: Take quart
of water and pour slowly into it pint of sui
pburic acid. THE mixture will become quite
warm from chemical action, and this is the re;,-
son why the acid should be poured slowly into
the water, rather than into the acid Wash
the mold board, or any other iron that is rusty,
with this weak acid and let it remain on the
iron until it evaporates, and then wash itagain.
The object is to give time for the acid to dissolve
the rust. Then wash with water, and you can
see where the worst rusty spots are. Apply
some more acid and rub those spots with a
brick. The acid and the securing will remove
most of the rust. Then wash the mold board
thoroughly with water to remove all the acid
and rub it dry. Brush it over with petroleum
or other oil, and let it be until spring. When
you go to plow take bottle of acid to the
field and apply it to any spots that may remain
The acid and the securing Of the earth will
soon make it perfectly bright and smooth. If
all iron work be washed over with petroleum
as soon as we put our TOOLS implements and
machines aside for winter, it will keep them
from rusiing, and save a great deal of troubl:
and annoyance, to say nothing of depreciation
and loss.
Year: 1875

1t seems to me to be most extraordinary
that any rejecting man should fail to per
ceive that continuance in power of the
present dominant party is not only preg-
nant with danger to our material inter-
ests, but to the very forms Of government
under which, for so many years, we have
lived in prosperity and peace.


Do, then, as am sure you will, roll up
such majorities for your candidates as was
recently done by your Democratic associa-
tes in California for theirs, thus carrying
dismay and assuring signal defeat to the
present dominant party and satisfying the
good men of all parties that our institu-
tions will be preserved from farther en-
croachment, and enlightened liberty main
tanned!
Year: 1875

serious Importance but Il being outside the province or
the Art Committee 20 finally act upon II was OF course
referred 70 its proper department This question was
the want OF proper space In Memorial Hall The de-
mands OF space for the American division viii exceed
that required by any other nation; but the
entire building, IL devoted TO our own artists
alone Is not large enough by two-thirds
to'accommodae the applications already In The space
applied for may be greater than the actual needs but
the fact stands stated Various methods OF ncreas
ing the wall space Memorial Hall considered,
such as a temporary roofing the two gardens be-
tween the front arcades OF the building and flooring
them over, which would make two galleries Of about
ninety by forty feet each But the whole subject be-
longs elsewhere for the present. for tho Finance Com
mttce and the Centennial Commission must first de-
eide upon the expediency of enarging the building
putting up another. The committee simply called at
tenton TO the NATTER and leave those qualified to ap
plY n remedy.
Year: 1875

case OF destituton has recently been brought TO
tho knowledge OF the HERALD, which will excite tho
sympathy Of oil generously disposed citizens Mrs
Hcnessy, poor widow woman with four small chill
drcn entirely dependent on her for support lost all sho
possessed by fire which accidentally broke
out few days ago in q small dry goods
and fancy storo she kept at No. 367 Ninth
avenue. The contents OF tho store were valued at
$780, Of which about $50 worth Is not yet paid for As
no part OF the property insured Mrs Hcncssy has
thus lost her whole means of subsistence and has no
resource but TO make an appeal public sympathy.
Any contributions In aid of this poor widow and her
children will be gladly received the HERALD office