smithclay/nortonstories huggingface dataset:
Year: 1876

TRIAL OF SMITH FOR ARsoN--A NEW AND


IMPORTANT WITNESS BEFORE THE MAGIs-


TRATE.


JouSsTowS, N. Y, Feb 20, 1876


G. F. Smith, who was acquitted last week of the
murder Of Edward Yost, is undergoing exam
inaon before Justice Pike, charged with
plant OF J. j. Yost, brother of the murdered
Several witnesses yesterday. bat their es
timony about the same was given the murder
trial. To-day new witness was put upon the stand.


William A. P0lmatur repairer OF sewing machines,
&C. sworn and SAID that a few weeks before the
homicide the prisoner into his shop with pistol
that he wished repaired and stated that he wanted 1t
TO shoot dog; the spring revolving the cylinder did
not act, he compelled to heat and bend IL,
changing the color of the steel at one end 10 dark
blue; in trying the temper Of the spring he made a
mark with his chisel He identified tho pistol found in
the gas tank, together with the broken srring as the
he repaired for the prisoner who testified on his
trial for murder, that he never owned had pistol
in his possession.


The counsel for the defence cross-examncd him
mnutely but did not succeed in shaking his testimony
in the least He explained a why he did not
speak OF this before that not being able TO read
write he did not know until the trial finished that
the prisoner denied having pistol IN his possess
sion. Witness said he happened TO hear OF the denial
and notified J. J. Yost at


The is exciting nearly much interest here as
the trial for murder did


The examination adjourned at six O'Clock until
nine A. NJ tomorrow.
Year: 1876

The County Treasurer yesterday sent IS, 900
to the City Treasurer.


Assistant state's-Attorney Birch vas back to
his post yesterday


james Kcyes was put In jail yesterday for
debt, at the instance Of Thomas Brennan.


The Grand Jury reasscmbles Tuesday for
work. Unless the work of investigation is taken
up the session will be short one.


The County Board will elect Warden Kfmber-
1y's successor tomorrow. The candidates are
numerous, and all are confident that they are
the favorites.


The Commissioners were absent, or most of
them, In attendance upon the Democratic Con-
vcntion yesterday, hence a general dullness
around the County Building.


County officials look upon the action Of the
Cincinnati Convention as anything else than
promising to the Democracy this fall. They
had hoped to see Blaine nominated, regarding
him as the easiest to defeat. They looE upon
Hayes and Wheeler as very strong men, and arc
about satisfied that they will sweep the country.
Year: 1876

IF OUR SUBURBAN READERS
are interested in knowing what garments or eoods
viii or will not dye wells also the wearing apparel
that cleans like new, send stump for postage OF
their pamphlet Cook & McLain, No. so Dear
born street
Year: 1876

may OF may not effect the good OF the country but
the UNSURPASSED beauty, sweetness, and elegance
OF tone Of the Pease piano remains the same For
sale BY Pelton d Pomeroy, No 231 State street.
Year: 1876

Do you believe that the Convention
was right in saying that white people
and negroes ought to remain separate
and distinct races If SO, vote for the
amendments. Do you think negro
children and white children ought to
sit side by side in the school house,
and do you think negroes and whites
ought to intermarry If you do think
so, then by all means vote against the
amendments, for il they shall be rati-
fed negroes and white people will not
associate upon terms of equality ex-
cept in the Radical party. Vote for
the amendments
Year: 1876

The jury in the Babcock case at


Washington excites the derisive COM


ment of the country for its compost
| ton. It is altogether too plain that


it was organized to acquit. Three, at


least, of the jurors have been init


mately connected with the District


Ring and have been in Babcock's en-


ploy and under personal obligations
to him. Another was caterer to the
clubhouse in which the conspiracy
Was connected, and where the con-
spirators came together again after the
burglary WAS effected. A fifth has
been employrd by Babcock about the


public grounds of the city, which are in
his direct personal charge. A sixth
was formerly Treasury clerk, and is
now suffering from q discharge from
Office. Shepherd. commonly called
" Boss," is, SO soon, offering bets that
the jury will acquit him without leav-
ing the box. It was into courts of
this character and before juries thus
instituted, all under the very windows
of the administration, that Republi-
can Congress did it's best to drag the
proprietors of distant newspapers that
kept correspondents at Washington.
What language is equal to a fit char
acterization of such a farce in the
ma ne of justice ? Yet it is but single |
of the way in which this
party in power would punish crime |
and carry out reform.
Year: 1876

MK. EDITORIALS you sometimes dis
course learnedly of law as well as poll
tics, plesse let us know if the county
tax gatherer can repudiate the county
scrip. Say that owe 800 for State
tax and 800 for county tax and pre-
sent q county order for 5000. Of this
$50 is received in part payment of the
county tax, while none of it will be
allowed in settlement of State tax :
that is to say but 25 per cent. of my
orders are received for taxes. Please
tell your readers whether the tax
gatherers can legally refuse to receive
any or all of such county orders, and
that in the event of my refusing to pay
the tax unless the orders I hold are
received; if my property can legally
be sold away under execution for a
failure to pay the taxes.


TAX PAYER.


Wilmington, September ~.
Year: 1876

Town Creek Township.
Last Saturday was big day for tn


Democrats of Town Greek Township


They assembled at Thee's store ac


cording to previous announcement
| and raised a magnificent pole and {
beautiful fig nine by thirty feet long


on which was inscribed TnDEN


VANCE AND REFORM. There were over


two hundred present, and the crowd


was aroused fully up to the pitch Of


enthusiasm which has now become


general over the whole State. The


pole stands one hundred and taOe7at.y.


taOo feet above ground; it is as


straight as an arrow and it's symmet-


rical properties are beautiful. The


appliance for raising SO long and heavy


a pole were limited in the country and


great praise is due to those who were
active in its erection, especially, we
learn, to E. r. Taylor, -- Durandt
and Evans. When the flag was seen
to float gracefully from it's elevated
masthead three cheers were sent up
for Tilden, Vance, the State Ticket,
Waddell and Reform.


The audience was then addressed
by Mess. Eugene S. Martin and J. I.
Macks of this city, who were present
in obedience to a previous invitation
to address the crowd on the occasion.
We learn that the speeches of both
of those gentlemen were we'll received.
Mr.. Martin spoke first, and for the
space Of an hour and half held firmly
the attention of his audience. His
speech was devoted to the exhibition
of the fact that the tendency. of the
Radical party was to centrallze the
power of the people in the government
at Washington. and in arguing this
question, compared the recent order OF
the Secretary of War with the decis-
ion of the Supreme Court of the Uni
ted States, showing how utterly re-
gardless the Radical party is of all law
and all judicial interpretations of the
law. After di-posing of this Mr.. Mar
tin spoke on the other issues OF the
and, as usual, acquitted
himself most handsomely in their dis
cusslon.


Mr.. J. I. Macks followed Mr.. Martin
in a speech of little over an hour,
the greater portion of the day having
been already consumed in the work of
erecting the pole, which was
difficult job with the limited appli-
ances as stated. This speaker devoted
his time to the discussion of the con-
amendments principally,
but also gave some good counsel to
the colored people. quite q number of
whom were present. We learn that
his remarks and views on the political
questions which directly affect the
colored men attracted the favorable
of the negroes who we're
present, and gave them food for refec-
tion when they returned to their
homes. Altogether, we learn that this
meeting was a fine success.
Year: 1876

The following is the law abolishing
capital punishment in this State, which
received the Governors approval


Section /. The penalty Of death as
punishmen; for crime is hereby abolished.


Section 2. All crimes now punishable
with death shall hereafter be punished By
imprisonment a, hard labor for life.


Section 3. Whenever any person has
been sentenced under the second section
OF this act, shall desire to obtain . pardon
or commutation of such sentence. be
may present a written request to the
justices OF the supreme judicial court in
term time or vacation. asking that
application may therefor be made to the
Governor in hi behalf, and shall therein
set forth specifically the grounds on
which such application for pardon or
commutation OF sentence is reques ted
and the facts which he expects 10 prove
in support of the same, together With
the names and residences OF the witness.
es by whom he expects TO prove such
facts; and with such reques. he shall
present the atiiiavits OF such witnesses.
and copy of all tie evidence taken at
the trial in which he was convicted,
which evidence shall be taken and pre-
served as provided in section seven.
chapter one hundred and thirty-fve OF
the revised statutes.


Section 4. If upon examination of
said request and the afiiiavits Herewith
presented, said Justice shall be Of the
opinion that new aud material evidence
has been discovered which was not
known. and could not by use of due
diligence have been obtained at the
time of the trial, and which would tend
conclusively to show his innocence,
notwithstanding the evidence taken at
the trial, they shall appoint a ime and
place for hearing thereon, and order
notice to be given to the Attorney Gen
eral and 10 the County Attorney OF the
county in which such person was con
victed. that they may appear in behalf
Of the State.


Section 5. At such hearing no evil
dence shall be deemed pertinent except
such as has been discovered since the
trial, and such as relates to material facts
tending TO show that such person was
wrongfully or enormously convicted, or
that he is innocent.


Section 8. Ii upon all evidence said
justices shall be OF the opinipn that such
person was wrongfullY convicted or that
he is innocent Of the crime of which he
was convicted, and that an application
should be made for his pardon or
commutation Of bis sentence, they shall
so order, and thereupon the clerk OF said
conrt for the district IN which said hearing
is had. shall make up record of the
proceedings had on such request, and
transmit copy thereof, and of all the
papers in the case, 10 the Governor
together with an application to the Gov
ernor made by him in behalf OF such
person under the order and direction Of
said justice, for pardon or commutation
OF sentence.


Section 7. On receipt OF such appli-
cation the Governor may, with the advice
and consent OF the Council, grant
pard or a Communication OF sentence
upon such conditions and with such re-
strictons and limitations as may be
deemed proper, and 10 carry the same
into effect may issue his warrant directed
to all proper officers, who shall serve
and obey it.
Year: 1876

We call attention to the prospectus oi
the Springfield (Mass.) Republican, pub.
lished on our fourth page, It's one Of
the best, II not the very best paper in
New England, and Ia valuable not only
for It's New England news but for its
intelligent and candid comments on the
events Of the day. These comments are
Of an unusually high order and are much
quoted by the press Of the country. The
terms Of subscription to its daily and
weekly editions will be found in the
prospectus Of the Republican.
Year: 1876

d. A. Williams has sold his interest in the
Cottage Photograph Gallery to MFR. j. c..
Tucker. The business will be conducted as
usual at the old stand, near the corner of
First and Spring streets. All work done at
this place Is OF the latest style and superior
finish. All bills due the old firm will be paid
to the new firm. jan4-lw
Year: 1876

A few days ago tho DEMOCRAT chron
icled the fact that an ex Tax Collector OF
Jefferson parish, A. X. Johnson, had
accidentally fallen overheard from the
Jackson street ferryboat and was
drowned. 1t has since been learned
that Mr.. johnson was sitting on hen
coop on the upper deck, the river being
considerably rough on the night in cues
ton, it is supposed that the hen
coop broke loose and went over with
Johnson, striking him on the head as he
was drowning!s


The Grand Jury yesterday returned q
true bill against the exTax Collector
for embezzlement OF State funds to the
extent of $4,000.


1t is to be hoped that a diligent search
will be made for the body, as there are
number OF people that believe the ex-
Tax Collector has not shuffied off this
mortal coil. A recovery of the body
would set the anxious hearts at rest.
Year: 1876

LIVINGSTON PARISH, April 27.


Edfor Democrat Believing that few
lines from this portion of our down
trodden State would not be wholly un-
acceptable, ! will undertake to give you
some idea Of the attention that the
uslrper Is paying to this parish. A
short time since be removed three OF
the five Police Jurors elected at the
general election in 1874. The removed
members promptly sued out injunctions
restraining their would.be successors
from acting, whereupon Kellogg imme-
diately appointed three others in place
acting. His reason for removing the
three elected members was because
they had rendered themselves obnoxious
to certain individuals in this parish,
who had for many years been con
trolling our parochial affairs, regard
less of the interest of the people,
or the country, and who, seeing that the
people were at least represented in then
Police Jury by men who could not be
influenced by any rings or cliques, but
were working wholly for the interest oi
their parish, concluded to make an ef-
fort to regain the power they once held


and the usurper, no doubt, thinking he
would gain the influence of these par
ties, gratified their wishes ] wonder II
while doing 50, he had any knowledge
Of the fact that one can travel from one
extreme to the other Of our large parish
without finding one man that will ac-
knowledge himself to be friend to
these parties? / wonder IL he knew that
their influence in his party's
favor would be of great bene-
fit, not to him. but to U.S.


and that it will be the means of electing
our district and parish ticket by such
majority that it will be impossible FOL
his Returning Board. as skillful as they
are, to count us out p Such will
surely he the case. We intend to, and
UiH elect our ticket, both parish and dis.
trict, by an overwhelming majority


This last act of Kellogg in removing
our elected officers (all OF whom are
good and true mem has incensed oul
people to greater degree than evsl
against his party; and, unless | am
much mistaken in the temper of my
people, he will hear from us, in tones
not to be misunderstood, saying that
none bit officers of their O,cn choosing
shall serue them, and that he must cease
this almost daily change OF officers Of
they will meet with the vengeance OF Oh
outraged people. PINE Top.
Year: 1876

SCOT any silver change about you 2"
said Quilp, jingling the contents of his
pocket for the deiectation of a broker,
the other day. "Oh, lots Of it, !" was the
pert reply. How do you like the new
pieces, three OF which make dollar y
continued Quilp. Three to a dollar =
oueried the broker. Haven't seen any
Of that kind. Show us few" Quilp
then produced a half dollar and two
quarters, and without further parley
the unwary broker led the way to the
nearest sample room.
Year: 1876

Walter Woods, a United States sol
dier belonging to Company 3, Third
Infantry, was arrested last night and


lodged in cell No. l, Third Precinct, for
being drunk. The turnkey, on going to
the cell this morning, found that Uncle
Sans man had amused himself during
the night by tearing up tho flooring.
Year: 1876

We learn that there were three deaths
among our colored population on yester-
day The mortality OF this race exceeds
that Of the white in this city fully one
hundred per cent and the increase by
births has fallen off in the same propor-
tion.
Year: 1876

The New York Herald says: The Eng
lish riAemen have accepted the challenge
Of the New York riAemen for match in
America during the Centennial celebra-
ton Sir Henry Halford will be the
Captain of the English team. We under
stand that the endeavor to secure range
near Philadelphia has not been successful,
and hence it is highly probable the match


ill be shot at Creedmoor, which, with a
little better accommodation furnished by
the railroads, could be more successfully
used for that purpose than any range has.
tily extemporized. We are now anxious
to learn if this team will be an Imperial
one, or whether we are to expect a team


ach from Ireland and Scotland.
Year: 1876

INTERVIEWS that have been had with
Congressman by the newspaper reporters
develops greater interest in that tedy in
the Centennial than ever before felt. 1t is
thought that speedy action will be taken
to make the appropriation which is re-
o,ired of the Government to insure the
uccess Of the exhibition-one million five
hundred thousand dollars.
Year: 1876

d. OC-It is very true--but we can
not believe, that the HERALD is discrimi-
mated against by the State and county au-
thorities, for the reason you mention.


This is the first notice we have made Of
very many like communications. You
may be right, but we have too much faith
in Democracy to accept your view of the
matter. Surely the 90. L. A." do not
exist in our party.
Year: 1876

Next Monday will be the day fixed by law for the election of . full State and county ticket. We have TO fears for the result of the election. We expect grand, overwhelming victory for both State and county ticket. Never theless we urge once more, and for the last time that VIC shall have an oportunity, the import ance of every democratic vote within the state being boiled on that day. Let us roll up such a tremendous majority that it will forever settle all dispute as to the status of Arkansas, and give 8 strengthening influence to the the democratic cause in Novem- Der. Let us show other states that the democrats of Arkansas are alive and active.

 Go to the polls early Monday Morning, sec that each and every one of your neighbors who vote the Democratic ticket go, and be sure you vote your ticket just as the state and county ticket at the mast head of the DEMOCRAT is printed.
Year: 1876

A friend shows us q letter from brother in California who has been absent for many years. In Lis letter he says he wishes to come back to Arkansas, and ex- poets to do so, hut that he cannot think of leaving there until he has cast his vote for Tllden and Hendricks; for says he "my vote may be wanted to carry Calisorn- ia for the Democracy, and Cali fornia may decide the presidential election for Tilden and Hendricks and upon their election depends the safety and preservation of our liberties"

 Would that every Democrat in Arkansas, and in the whole Union felt the importance of this matter as this Californian does. This is precisely the spirit that should possess every man who desires to see prosperous. happy, and peaceable country. Let every Democratic voter in Arkansas be as determined to utilize his vote Tn our state election next Monday and in the Presidential election next November, as is this Califor- nian. Let every Democratic vote be boiled and victory will perch upon onr banner.
Year: 1876

We regret very much to lealn that the condition of affairs i'll Johnson county is by no means as it should be. We mean the condition of things within the Democratic party of that county.

 We underseand the convention held there last Friday was q very unsatisfactory affair, no nomlna tion being agreed upon for dem ocratic candidate for the leglsla- ture. There is, we understand, three democratic aspirants in the field, with the notorious radical J. N. Sarber, out as republican candidate. Now this is the height of folly, and in all seriousness we impiore our democratic friends in Johnson county to consider care fully what the result of such a de plorable condition of affairs may be. Only a few days now inter- vene between this time and the election. There is no time to lose. With the democratic vote of Johnson county devided be- tween three democratic candi- dates and the republican vote solid for Sarber, the probability is that he will be elected. With him in the legislature we lose one vote for a democratic Senator to fill Clayton's place. With hm in the legislature we have just one more vote against every demo- cratic measure. Can Johuson county afford to let the matter go this way2 Cannot the democrat ic gentlemen who are aspirants for seat in the legislature, and their respective friends get to- gether and for the sake of the common good, compromise the matter so as to present but one nameY There is not a moment to lose. It must be done, if done at all, between now and next Mon day.

 We urge upon the democracy of Johnson county the necessity of a quick, active effort. It is worth every effort you can put forth for the next three days. By active, energetic effort, a happy result may yet be secured. Put your active, live, influential men to work to-day, and let the matter be fixed up, and then start yodr runners over the county to-mor- row and next day and strike for democratic victory.

 Be up and doing, democrats of Johnson, and don't let a radical be sent to represent your county in the next legislature.
Year: 1876

of words between our confreres of the Argus and Press, Of Crawford county, in silence for some time, hoping that the storm of their fury would be exhausted and their dissensions cease. But harder and thicker and faster they deal their blows. We are fully con scious that advice is seldom ever appreciated, especially when giv- ea from one newspaper to another, hut at the risk of being deemed presumptuous we venture few words to these two journals, hop ing that they may be recalled to a realization of the folly and mis- chief of their present course. We care but little whether we get thanks or abuse for our seeming intermeddling. These two papers, the Argus and Press, are both Democratic journals. They should be pulling together hear. ty, earnest, harmonious laborers in the common work before us. Instead of so doing, they arc ar raying the Democracy of Craw- ford county into two bitter un- compromising factions. They are denouncing each other and each others friends, as anything and everything but true men. They have formed chasm be- tween the two factions which they lead, which they are widening and widening, until after awhile there will be no point upon which they will be willing to work in harmony. The mere fact that one faction espouses any particu- lar measure, will be sufficient cause to bring upon that measure the opposition and condemnation of the other faction. Now what kind of work is this for two dem ocratic papers? What good arc they doing for their constituency What will community thus di- vided against itself be able to accomplish? What will people abroad think of it? Will any new citizens desire to settle among people who are thus at daggers points, denouncing each other through their respective organs as false, villainous and wicked. If we were to accept the denun- citations of these two papers against each other as true, what could we think of either or the supporters of either? But we don't believe half they say about each other, and we don't believe either of them believe it. Gentle men, you are engaged in a bad work. You certainly do not ap- preciate the power of the press and realize the injury your course will do to your county,

 We implore you to desist. If you cannot agree on all points you can at least agree to disagree. You need not array your whole people against each other. These dissensions grow and spread at fearful rate, and we warn you that if you persist it will result in the downfall and ignominy ol the Democracy of your county Can you afford this for the grati' fication of your personal spleen envy, or whatever other cause actuates you in your course oi folly?