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BY H. P. HAIi.
NO. 17, WABASHAW STREET ST. PAUL.
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Office, 213 Hennepin avenue, up
ST. PAUL, TUESDAY, APRIL 2, 1878.
AND nov# the Insane Asylum furnishes
another victim, one of the inmates, under
the model management of Bartlett and Kerr,
having bounced into the river and found a
WE give this morning another collection
of newspaper comments upon the insane
asylum investigation. The sentiment is
wellnigh unanimous in condemnation of
the brutality and misgovernment of the in
ANDEBSON, the convicted forger and per
jurer, was released from prison yesterday, by
the Supreme Court of Louisiana. Hayes
breathes easier, but it will be along time be
fore he can
Bid farewell to every fear
And read his title clear
SENATOB DBEW, the Winona member of
the Insane Asylum investigating committee,
has a queer idea of propriety. The Com
mittee of which he is a member, is directed
to report to the Governor, but Senator Drew,
before even one-halt the testimony is in, re
ports to a newspaper. Senator Drew had
better burnish up his ideas a little and learn
what propriety and his oath of office de
OF course the rumor that Wm. Henry
Smith had resigned the Collectorship of the
port of Chicago was untrue. Wm. Henry is
not that kind of a man. He has a fat thing
in the double position of agent of the West
ern Associated Press and Collector of
Chicago. It is a sample of the Hayes civil
service reform for a man to hold two posi
tions in direct conflict, and receive pay from
the government, while devoting his attention
to his private business.
NASBY, the Toledo Blade and Dr. Miller
seem to have been having a game of see-saw.
First, Nasby bought an interest in the Tole
do Blade, with Dr. Miller as a partner.
Then Miller, with Prof. Hamiston and
others, organized an immigration colony,
and located what is now the thriving town of
Worthington, in this State. Miller came
to Minnesota to live and Nasby became sole
..proprietor of the Blade. Nasby's next
move was to go into an advertising agency in
New York, under the firm name of Bates &
Locke. Meantime Dr. Miller hankered to
return and he left Minnesota and bought
Nasby's interest in the Blade. Now Nasby
has abandoned the advertising agency and
bought Dr. Miller's interest in the Blade.
Whether Dr. Miller proposes to return to
Minnesota we do not know, but whatever he
may do we suppose he will, in a few months,
resume his place on the Blade. Several big
fortunes mustTiave been made in the swap
ping which has taken place between Miller
SENATOB MCMILLAN is evidently becoming
something of a politician. He was regarded
sufficiently verdant when first elected to be
counted as a "Christian statesman," but he
has just written a letter to the Minneapolis
Board of Trade which shows the effect of
Washington life. To be a truly expert
politician a person mustwrite what he doesn't
mean, and after creating a false impression,
do exactly the opposite from what is ex
pected. If anything, McMillan has sur
passed this, for he has written a letter which
does not show what he means and does
not create a false impression, because it
fails to create any impression whatever.
Here is this remarkable epistle:
Your favor of the 11th inst., inclosing reso
lution of the Minneapolis board of trade earn
estly requesting the Senators and Representa
tives in Congress from Minnesota, to use their
best forts to defeat the passage of an act pro
viding for the levy of a tax on incomes, was
duly received. I am pleased to receive this ex
pression of the opinion of the board of trade,
representing, as I am sure it does, the business
community of Minneapolis. Very respectfully
"be made in the English language
in a newspaper printed in a foreign
language"that is, the advertisement itself
shall be English, although published in a
newspaper printed in a foreign language.
This is the meaning, but the act itself is
bungling, words omitted, bad grammar and
worse sense, and eminently characteristic of
much of the legislation of last winter and
of every winter. It is a law that ought not
to have passed, and having passed, ought to
have been vetoed.
WHY ABUSE HOWE?
A good many of the more servile class of
Republican papers have fallen to abusing
Howe, of Wisconsin, because he told a little
truth in the Senate the other day. Of course
it is shocking to Republicans on general
principles to hear the truth, and it is
especially startling to hear it from one of
their own number. The novelty of such an
event makes a great impression upon a truly
loyal and faithful Republican.
However Senator Howe may be publicly
criticised by his Republican compatriots, he
nevertheless, expressed the real sentiments
of nina-tenths of the Republicans of the
country. Hayes has carried out the fraud
by which he obtained his office, by betraying
and destroying his party. But for the office
holders pelf, he would not have the slightest
following, and the following which he has is
composed of the noble kind of birds which
gather about the carrion. The true friends
of the Republican party are the men who
have the courage and manliness to stand up
and denounce the man who has abandoned
every principle upon which the Republican
party was founded, or which it ever inculca
ted. If we desired to see the Republican
party remain in. power, we should advise
Republicans to speak their honest sentiments
and denounce the non-elected President.
Under the circumstances, we look on the
situation with a good deal of com
placency. The desire to retain their
death grip on the treasury causes
a sufficient number to stulify themselves- to
destroy the party. The organization having
completed its mission and outlived its use
fulness, is better dead than alive, and how
ever much that party may feel in need of
commiseration, the country is to be con
gratulated upon the moribund condition of
the corrupt old hulk. Such utterances as
those of Senator Howe give voice to the
better nature of what is left of the
Republican party, but it is all in vain.
The seal of everlasting condemnation
rests upon the party which stole the Presi
dency, and the Chandlers and Howes and
Conklings are simply the tools used by Di
vine agency to divide and destroy the party
which has so long and villainously ruled the
country, and to place the Democracy tri
umphantly in power. The hand of Provi
dence leads the Democracyinward and up
ward to the salvation of the nation.
United States District Court.
[Before Commissioner Edgerton.
Wm. S. Coombs, tf St. Paul, filed a volun
tary petition in bankruptcy.
United State* Circuit Court.
[Before Judge Nelson.]
G. H. Holbrook, Jr., vs. The American
Central Insurance Co., of St. Louis The
Springfield Fire and Marine Insurance Co.,
of Springfield, Mass. The Niagara Fire In
surance Co., of New Yorkthree actions.
Judgment satisfied in $1,242.30 in each
New York Life Insurance Co., vs. Edson
C. Bangs, et al. Order granted extending
the time to take testimony to rule day in
Jonathan Edwards, trustee, vs. Francis
Day, et al. Order confirming Martin's re
port of sale.
Edward D. Matthews, administrator, vs.
Horace Austin, et. al. Same.
The Northwestern Mutual Life Insurance
Company vs. Ezekiel M. B. Laird, et al.
The Northwestern Mutual Life Insurance
Company vs. Philip Herzog et al. Same.
Robert Reade vs. Richard Slaic .l al.
Allen H. Atwater et al., vs. John D. Seely
et al. Order granted for leave tofilea cross
Preusser & Bros. vs. Mary Thompson et
Precipe filed for order pro confesso,
S. J. R. MCMILLAN.
He is pleased to receive the resolutions
because he thinks they represent the business
community of Minneapolis. People are
very peculiar in this world. It takes a great
deal to make some men happy, while others
are very easily gratified. Senator McMillan
evidently belongs to the former class, and it
was not until he was fully aware, and sure
that the Minneapolis Board of Trade repre
sented the business community of that city
that his joy gave vent to words. Then he
launched out, and without giving any due to
his own position, has told how happyhe was
to think that the Board of Trade represents
The act of the late legislature defining le
gal publications was intended, we presume,
to provide for legal publications in news
papers published in foreign languagesthe
previous statute forbidding the publication
in any except English newspapers. There is
no doubt as to the impropriety of the
amendment at best, but waiving this
point, the present law as passed, should be
referred back to the Legislature to put some
sense into it, for a greater muddle of words
and sentences strung together was never be
fore published in the shape of a law.
Take for instance the following line,
Albert T. Stearnes vs. W. H. Nudd & Co.
Precipe filed setting down demurrer to
plaintiff's bill for trial and argument at the
next general term.
[Before Judge Simons.]
TO BE CALLED TO-DAY.
No. 5 file No. 10,574. In the matter of
the petition of the Convent and Academy of
the Visitation. Attorneys: Smith & Eagan
E. 6. Rogers.
I Before Judge O'Gorman.
Estate of Nicholas Schrantz. Claims re
ceived and examined, and order made grant
ing license to executors to sell real estate at
Before Judge Flint.]
Norman C. Thompson vs. Joseph Goung
mann action on promissory note. Settled
Emerson, Talcott & Co. vs. Frederick
Sears action on promissory note. Settled
John Davidson, of Kittson street, a Sab
bath-smashing drunk. Fined $3 and costs,
and in default, was committed for four days.
Patrick Frail, charged with vagrancy,
pleaded not guilty. The officer arresting
him said that at half past twelve Sunday
night, he saw the shadow of a man passing
along Minnesota street. Directly after Mr.
Larkin called out "police." I ran to his
house he told me some one had been in his
house he saw a match struck. The officer
searched the place, and he found accused
lying flat on the ground, near John Bell's
house. He said he had been there
an hour and a half, but, after
being pressed, he acknowledged it was
he who had run past the officer.
Accused said he lived in Dakota county was
a farmer had drank a little too much
whisky, and had laid down for a sleep. Of
ficer Clark said he knew him used to work
on a steamboat but now works on a farm
he has not been in town for some time used
to "get in" pretty often when in town.
The JudgeHow soon can you leave
PrisonerI can get out at once.
JudgeThen get as quick as you can, and
don't come back.
Louis Fourchet, a lad, drunkand disorder
ly, pleaded not guilty. As several persons in
court knew him to be the son of a respecta
ble farmer on the Dodd road, the court al
lowed him also to "get.'.
The case of LeClair, fully reported in the
SUNDAY GLOBE, came up. The evidence
showed exactly the circumstances as detailed
in that issue. Defendant wag bonded in
100 bonds to keep the peace.
THE ROTTEN ASYLUM.
THAT IS ALL.
Of Course it was an "Accident"They are
All "Accidents"Dr. Bartlett Snubs the
Coroner Because Finds a Dead Body.
A Very General Call for Continued and
Thorough Investigation Into the Insane
AsylumThe Brutallity and Murder
[Correspondence of the Globe.]
SAINT PETEB, April 1.The asylum investi
gation still continues to be the subject of gen
eral conversation here, owing to the revelations
about the rottenness of the institution, as they
continue to be revealed by the GLOBE reporter,
and the arrival of each edition is watched for
and purchased with an avidity which is some
thing strange, and can only be accounted for
from the fact that the people of this city are
pretty thoroughly convinced that it is the only
paper in the State that will give full, connected
and reliable reports of the entire matter.
Another "accident" has occurred at the hos
pital one of the kind of accidents which seem
to be very common at this institution. Last
Friday while some of the patients were walk
ing on the bank of the Minnesota, one of
them, a raving maniac, suddenly jumped into
the river. Upon seeing him jump in, one of
the attendants reached to save him, but he was
beyond his reach, and the other patients be
coming very much excited, he was
left to his fate. His body has not
yet been found. Such things will continue to
occur as long as the institution remains under
the present management, fpjd, of course, no
body is to blame, which'is a good deal of con
solation to the friends and relatives of the
drowned man, who sent him there for safe
Your reporter has interviewed several of the
employes at the hospital, and finds that while
Dr. Bartlett is very generally respected, his
wife is considered to be very haughty and over
bearing. Your reporter has been informed
that she receives a salary, which diffeient per
sons have stated variously at $700 and $900,
and performs no service whatever.
Last summer the body of a man was found
in the Minnesota river, at Ottawa, six miles
below this place. An inquest was held on the
body, and they were about to bury him, when
the doctor discovered his name sewed on his
clothes, and also stating that he belonged to
the hospital. The coroner next day drove up
to the hospital to inform the doctor of the oc
currence, but was most miserably snubbed by
the authorities at the asylum, and he went
back disgusted. The man's name was Nels
Nelson, and his remains are buried near Ot
The general sentiment among those who
wish to see the rottenness exposed, with which
this institution seems to be saturated, is that
the committe made a mistake in not following
up the investigation and going to the bottom
of the matter at once, as the managers will
strain every nerve to get the real dangerous
witnesses out of the way before the committee
meet in July. Some of the witnesses, Charles
Swensen among them, will leave here soon,
whether at the instigation of the asylum au
thorities, or not, we cannot say.
Not Very Flattering.
The investigation of the insane asylum
has been going on for the last ten days.
Some of the developments have not been
[New Ulm Herald.J
The Legislature committee are now at the
asylum at St. Peter, investigating that in
stitution, and it looks as though there was
something rotten in Denmark.
Dr. Bartlett and the management of the
insane hospital at St. Peter did a judicious
thing when they employed Hall to abuse
them while the present investigation is pend
The St. Paul GLOBE considers it rather
ominous that the same Legislature which or
dered an investigation of the insane asylum
also appropriated money for ninety new cells
in the State prison.
[Winnebago City Press.]
The investigation of the officials of the hos
pital for the insane at St. Peter still pro
gresses, but nothing very criminal has been
unearthed, although it is shown that some of
the nurses have been rather harsh with their
patients. These investigations are grand
Send Betts to Dry Tortugas.
If anything more damaging and damning
can be brought out, we are not desirous of
knowing it. It is enough and will forever
stand as an unequaled series of brutalities
tolerated only in the dark ages. Who will
start a subscription list to send Betts to the
Dry Tortugas? Something Rotten Beside the Beef.
The committee appointed at the late ses
sion of the Legislature to investigate the
charges against the managers of the hospital
for the insane at St. Peter, are now at work,
and prospects are good for the unearthing of
a bad woodchuck. We guess that there is
something rotten beside the beef.
Punish the Guilty.
It is to be hoped that the committee will
get at the facts by an impartial and thor
ongh investigation, and if there is any foun
dation to the charges, that the guilty parties
will be removed and punished. The com
mittee will, no doubt, do their duty, and for
humanity's sake and the honor of the State,
it is to be hoped that the charges will prove
false. Thorough investigations of our pub
lic institutions should be made regularly, and
at not too great intervals.
Deserves a Cell in State Prison.
The evidence already taken shows that
great cruelty has been practiced upon pa
tients, cruelty that has in some cases caused
death, and John Betts, supervisor of the
branch hospital is the party most responsi
ble for this work, and if the evidence elicit
ed regarding him is fully sustained he de
serves a cell in the State prison. Enough
has been developed already to show that a
thorough and complete investigation is de
manded, and it is to be hoped that the com
mittee will do their duty that the institution
may be purified.
Didn't Want to be Investigated.
The Legislature, at its last session, ap
pointed a committee to examine certain al
leged irregularities in the management of
that institution, for the purpose of excul
pating the officers or verifying the charges
imputed to them. Such Legislative action
was at once laudable and in accordance with
justice to all parties: but the trustees seemed
to think differently and refused the commit
tee admittance to the asylum, unless attended
by some of their own numberostensibly,
to protect their interests from misconcep
tions which might arise in the minds of the
Inexcusable and Unjustifiable. -*j^
[St. Cloud Journal-Press.]
One of the most unsatisfactory matters con
nected with investigation was the refusal of
the managers not only to accord tbe Senator-
THE ST. PAUL DAILY GLOBE, TUESDAY MORNING,SJAPRIL 2, 1878.*** *3WS5*g*
ial committee every facility in pursuing their
investigations but to permit them to go
through the asylum except under the guid
ance of the trustees. Any hesitation in this
direction is inexcusable and unjustifiable.
Every State institution should be at any and
all times in such a condition as to welcome
the most thorough investigation by a prop
erly appointed committee. There should be
nothing to be kept hid, nothing needing to
be covered up, either in the general or finan
cial managment of these institutions.
I Need* Reconstructing,
It is very well for Beits and Dr. Bowers
to set up the plea that the patient was weak
before. This is the very reason why he
should have been handled gently instead of
being laid on his back, his mouth forced
open by a plug and then strangled by soup
poured into his mouth.
While the committee are investigating, we
hope they will go to the bottom, and also
ascertain whether it is true, as claimed, that
persons are confined there who are not in
sane. We notice that this subject is up now
all over the country and some sickening de
velopments are being made in other States.
It is evident that the whole system needs re
Keep Away From St. Peter.
During the past week, a committee of in
vestigatioD, composed of Messrs. Doran
Morton, Rice, Drew and Edgerton, have
been overhauling the officials of the insane
asylum at St Peter, and the investigation
thus far shows that an unnecessary amount
of cruelty has been practiced upon the in
mates of that institutionso much so, that
the sensational head-lines over reports of the
investigation in a St. Paul daily"Don't go
crazy till yon are ready for a Wooden Coffin!
That will be your fate if you reach St.
Peter!"seem to be appropriate words of
caution to disappointed politicians, ill-mated
couples and all yonng girls whose hearts are
nearly broken for some scamps who have
jilted them for other damselsat least, we
advise ail such to keep away from St. Peter,
for the present.
Give Him a Penitentiary Dose.
[Lake City Leader.]
Bette was always kicking up rows with the
employes, too, and if half the evidence be
true, the committee should simply make
short workwith himeither give a dose of
penitentiary soup or else give him a very
brief period in which to leave the State.
The food furnished the patients has ap
parently been passable, as a general thing,
though the evidence goes to show that on
several occasions it has been simply beastly
whilst the tea and coffee has been little bet
ter than hot water.
We sincerely trust that the committee may
make a clean sweep as to their investiga
tions, and see that the class of unfortunates
deserving of the State's tenderest care and
sympathy are thoroughly well cared for, and
made thoroughly comfortable so far as lies
in her power to accomplish that end.
[Le Sueur Sentinel.]
It is clearly proven by crediable witnesses
and not even faintly explained away by the
hospital authorities, that two inmates of the
hospital, one McDonald, from Dakota conn
ty, and one Nancy Kidney, were brutally
murdered within the past couple of years.
What propriety, is there in a
minister of the gospal, in charge of a church
in St. Peter, acting as trustee, secretary and
treasurer of the hospital? Motives of de
licacy, if not the spiritual welfare of his
flock, should overcome such* an unseemly
greed to lay up treasurers upon earth instead
of in heaven. With the head of a church
holding the positions mentioned, the super
intending physicians as a pillar in the same
church, the brutal supervisor of the branch
hospital drawing a salary^ from the State and
one from this particular church as sexton
and having the wood for the church sawed
by the insane patients, with several of the
most active trustees as members, it would
seem as though at St. Peter at least there is
too much blending of church and State.
Brutal towards Patients.
[Record and Union.]
The little evidence already taken, shows
that the State furnishes food and care for the
horses owned by the medical gentlemen
above named, and when these parties desire
to repair their wasted energies by a
hunting excursion, they do not make use of
their own horses, but use those belonging to
the State. As to the treatment of the un
fortunate patients under their care, but little
has as yet appeared, but that little shows
that the investigation was needed, and we
hope the committee will make it so searching
that nothing will escape them, and if the
charges shall be proven, will take such
means to punish the delinquents as justice
and the interests of the State demand.
The testimony taken by the committee in
dicates that gross cruelty was practiced in at
least one case, that of McDonald, who died.
It is in evidence that his mouth was pried
open with a stick, and food forced into his
throat, and that Betts, an attendant, was
usually coarse and brutal towards the pa
Insolence of Dr. Bartlett.
The Senate committee's inquiry into the
management of the hospital for insane at
St. Peter, has developed facts which, to say
the least, afford sufficient grounds for an in
vestigation, and which are exceedingly dam
aging to the officers having charge of the in
The fact that patients have been treated in
a cruel and heartless manner on different oc
casionsone instance, where the death of
the patient was immediately produced or
greatly acceleratedwas fully brought out
by the inquiry. It has also been made to
appear that employes were restrained from
making complaints of wrongs or outrages
practiced at the hospital by a standing threat
of being promptly discharged in case they
did not keep a close mouth.
The insolent and defiant manner of Dr.
Bartlett, the superintendent of the hospital,
towards the committee is not calculated to
inspire the most favorable sentiment towards
that officer, besides it has the effect to con
firm the public in the belief that radidal re
form at the hospital is loudly called for.
Not PerfectMake it Public.
From what has been shown, we are satis
fied that the management is not so perfect as
to disarm criticism, and yet we hestitate to
believe that the errors are of so grave a
character as those charged but the investi
gation cannot be too rigid, nor the punish
ment too severe for those who may be found
guilty. We are of the opinion,however, that
the committee misjudge if they think the
public interests will be best subserved by an
inquiry conducted in secret. We do not be
lieve the peopfl want any '-Star Chamber"
proceedings in a matter of so great public
consequence as this. Everything should be
done openly, and the trustees should have
full knowledge of all the processes employed.
So far as the board of control are concerned
we do not think there is a single one of them
who is not entitled to full confidence, and
we think they should have accorded to them
the privilege of witnessing all proceedings
of the committee, except suoh as may relate
to the personal acts of the members.
The people can bear- any revelation, no
matter how humiliating or disgraceful, but
they cannot and will not sanction any action
by the committee which may seem to have
been taken for any other purpose than that
of promoting the public good..
DECISION OF CASE FILED YESTEB
Charles A. DeGraff and William Crooks,
surviving partners of the late firm of De
Graff & Co., Respondents vs. 2 fie First
Division of the St. Paul and Pacific
Railroad Co., Defendants, and Horace
Tfiompson, Edmund Rice impleaded with
John 8. Kennedy, Trustee's Garnishee,
A party who obtains possession of a definite
sum of money belonging to another which he
has no right in justice or equity tw retain may
be garnisheed as his debtor for such sum by a
creditor of the latter. By the terms of each of
three mortgages given by the defendant com
pany upon its railroad land and franchises, the
tolls, moneys, rents, issues and profits, were in
cluded as part of the mortgaged property.
It was also stipulated in each that "all the
current net earnings and moneys of said rail
road after deducting current expenses and pay
ing interest on certain bonds secured by prior
liens should be appropriated and used from
time to time, if necessary, in the payment of
the interest on the bonds secured by such mort-
gage," that on default in the payment of in
terest for the period of six months, the mort
gagees or trustees might "enter into possossion
of the road and mortgaged property, and col
lect and receive all the tolls, profits, moneys,
rents, issues and profits of the same, and oper
ate the road for the benefit of the bondhold-
ers," but it was also provided "that until de
fault in the payment of the principal or
interest of the bonds thereby se
cured, the mortgagor company should
be permitted to possess, manage and
operate the road, and take and use the
rents, moneys, profits tolls, issues thereof in the
same manner and with the same effect as if the
mortgage deed had never been made." Held
The income of the road acquired by the com
pany during the continuance of its possession
and operation of tbe same belonged to the com
pany as its property, and if the mortgagees took
possession of such income without the consent
of the company, the same could be reached by
garnishee process in favor of the company's
Assuming that appellants at the time they
took possession of the road and franchises
made the mortgagees had no legal right as
mortgagees to take and appropriate any portion
of the previously acquired earnings and income
of the road then on hand without the consent or
authority of the company their liability ^gar
nishees in respect to the $12,618.04, would seem
to follow from the facts indisputably evidenced
by the disclosures, and if their liability exists
to this extent, there is no occasion to consider
any of the questions raised and discussed in
respect to the $115,000 claim, inasmuch as the
sum thus subjected to garnishment is more
than sufficient to satisfy and discharge the
judgment of plaintiffs. Under the statute the
right of garnishment is given to a contract
creditor, whenever it is properly made to ap
pear that the garnishee is indebted to the
debtor of the former, or has property, money
or effects in his hands, or under his" control,
belonging to such debtor, exceeding in amount
and value the sum fixed by statute. (Gen.
Statutes, ch. 66, art. 10, sec. 147.) These ap
pellants were debtors of the defendant com
pany, within the meaning of this statute, in
respect to this sum of $42,618.04, at the
time of the garnishment. The facts
established by the disclosure beyond any
reasonable doubt are that the appellants as
mortgage trustees, under three several mort
gages, and solely by virtue of their authority
thereunder, first took possession of the defend
ant company's railroad property, and the
franchises therewith connected, on the 9th day
of October, 1876, and thereafter operated and
used the same as such trustees. At this time
the company was, as it had theretofore been, in
the actual possession and enjoyment of its said
railroad and property, as the lawful owner,
with J. P. Farley as its general manager, and
J. Bottsford as its treasurer and there then re
mained in account upon the books of the com
pany, which were then balanced of unexpended
income and earnings theretofore, acquired a
balance of $42,618.04, which then belonged to
the company, and was in the hands of its said
treasurer When the trustees thus
took possession, the said Farley
thereupon became and thereafter continued to
be the general manager of the trustees, and the
said Bottsford also became and continued their
treasurer, and all their subsequent actB in ref
erence to the company's funds then in the
possession of its treasurer in respect to all rev
enues afterwards earned in operating the road
were done solely under the direction and au
thority of said trustees, and as their officers,
acting solely as treasurer for said trustees, and
by their order and that of their general mana
ger, and without any direction or authority
whatever from the company or any of its offi
cers, the said Bottsford, immediately upon the
said trustees taking possession, turned over to
them said moneys so in his hands belonging to
the company, by transferring the same to the
new account which he as their treasurer then
opened and afterwards kept, and which
contained a full entry of all their re
ceipts and disbursements as trustees
in connection with said road. The only ground
npon which the trustees made any claim to the
tiansfer of this money was their supposed legal
right thereto as trustees, under the stipulations
contained in the mortgages. This sum so
transferred to the account of the trustees, to
gether with the subsequently acquired earnings
of the road, constituted a common fund from
which the current expenses incurred by them
in operating the road were paid, under then
directions. There was also paid from this
fund, under like directions, after the trustees
so took possession of the road, and before the
garnishment in question, certain debts con
tracted by the company in operating the road
prior to October 9th, 1876, in the aggregate
equal to, if not exceeding, the said sum of
$42,618.04, but these debts were assumed and
paid voluntarily by the said trustees, and
their treasurer, without any authority or
direction whatever from the company,
or any of its officers. Of this general|fund, there
was in the hands of the treasurer of the trus
tees a balance on the 18th of November, 1876,
of $18,966.17, and on the22dof November, 1876.
of $30,242.07. The garnishee snmmons was
served on Rice and Thompson November 20th,
1876, at which time it does not definitely appear
what balance remained, nor is it at all import
ant, in the view of the case taken by the court.
Upon these facts, leaving out of sight for the
present the voluntary payments of the debts of
the company by the trustees, and their effects,
if any, upon the latter's liability, it is clear, if
the trustees had no rightful claim upon the
money in question under the mortgages, that
they had no legal or eqitable right to retain or
use it for any purpose. Having acquired it
through a mistake as to their legal rights, and
having no right conscientiously to retain
it, a cause of action at once
accrued against them in favor
of the corporation defendant for its amount,
as for money had and received. Though there
was no privity of contract between them
founded upon any express agreement, there
was a definite sum of money due from them to
the defendant "Exaaeo et bono" from which
the law implies the privity and promise essen
tial to the maintainance of the action when
ever one receives money which is the property
of another, and which he is bound in natural
jusitce and equity to refnnd to the rightful
owner, an indebtedness arises in favor of the
latter against the wrongful holder upon which
an action lies to recover the amount.
Mason vs. Waite 17 Mass., 563.
Hall vs. Marston 17, Mass., 579.
Hall vs. Smith, 5 Conn., 71.
Bogen et al vs. United States, 3 Otto, 643.
United States vs. State National bank of
Boston and Merchants bank vs. United States
No. 7, Vol. 5, Page 198. Rep.
Being thus indebted to the defendant in
respect to this money this could not discharge
their obligation to pay it by voluntarily as
Burning the payment of debts of like amount
due to others from the corporation without its
assent. No debtor can thus discharge his obli
gation to his creditor.
This money or debt then was the subject of
garnishment in favor of the plaintiffs as judg
ment creditors of the defendant company, un
less the trustees had the legal right to take and
hold the money by virtue of some lien then
thereon created by the mortgages are all
alike in their provisions. Each covers the road
and franchises, and also in terms includes "the
tolls, incomes, rents, issues and profits" as part
of the mortgaged property. By the first article
of each, it is provided that until default in the
payment of the principal or interest of the
bonds secured thereby the company shall he,
suffered and permitted to posse*?, manage amf
operate the road and to take and use the rents,
incomes, profits, tolls and issues thereof in the
same manner, and with the same effect,
as if the mortgage deed had never been made.
By the ninth article, it is provided that in
case of default in the payment of the interest
for tiie period of six months, the trustees may
enter into the possession of the said railroad
and mortgaged property, and collect and receive
all tolls, freights, incomes, rents, issues, pro
fits of the same, and operate the road for tbe
benefit of the bondholders. By article second,
it is farther stipulated, among other things,
that all the current net earnings and income
of the said railroads, after deducting current
expenses, and after paying the interest on the
bonds secured by the prior liens above men
tioned, shall be appropriated and used, from
time to time, if necessary, in the payment of
the interest on the bonds secured by this in
strument." With the exception of this last
recited stipulation, it ist conceded that thfe
mortgages iann question,bivn their essential
FX^il1011 iwfn^TV y8t
Galveston R.R. Co. vs.
man et al., vs. II
HACKENSACK'S ROMANTIC \VPDIN6
Sheriff Bering's Daughter Marries
Father's Former Coachman.
[New York Sun, 28th.]
Residents of Hackensack talked yesterday
about the romantic marriage of Sheriff
B. Hering's only daughter, Sarah, to the
sheriff's former coachman, Celestin Four
nier, by the Kev. Cyrus Durand. Mr. Durand
said, yesterday, that he did not
know the couple but, when they asked
him to marry them, he "put them on
their affidavit," and they swore that
they were each 22 years of age, and that
they knew of no impediment to the mar
riage. Then he married them. The couple
went first to the Bomon Catholic priest, who
said that he would marry them next day,
and they went away disappointed, to the
Baptist parsonage. That clergyman was
sick, and Mr. Durand was the next one vis
ited. There was a commotion in town over
After the ceremony, the wife returned to
her father's house, and Fournier went to his
home. Next day they mot at the depot.
The bride was with her mother they were
on their way to Cherry Hill station, near
which the bride's grandfather lives, on
Sherriff Hering's farm. The bride and
groom walked up and down the railroad
track, talking earnestly. Fournier wore a
slouched hat, red flannel shirt, corduroy
pantaloons, and unblackened boots, while
the bride was fashionably attired. Sheriff
Hering is said to be wealthy. At night,
mother and daughter returned home, and so
did Sheriff Hering, who had been in Newark,
and knew nothing of the marriage.
The sheriff is a tall, portly man. He be
longs to the'Hackensack Methodist church.
In forcible language, and with a gesture of
determination, he said yesterday that he
would put a bullet through Fournier, should
that yonng man ever cross his path or his
threshold. As for his daughter, he said, she
could go: he would have nothing more to do
with her she had made her bed and she
could he in it. It is not known that he has
turned his daughter out of the house, but
last evening the bride went away from home
alone, taking nothing away with her, and
was at the railroad depot with a stuffed car
pet-bag an hour afterward, accom
panied by a twelve-year-old Bister of her
husband. She took the 5:01 train
alone, going toward her grandfather's. On
Monday she sent a note thither, asking that
her clothes might be sent to Hackensack, but
they were retained on the farm.
A friend of Miss Hering asked her yester
day why she married in such a fashion, and
she replied: "I was crazy after him, and I
was bound to have him now that I've got
him, none of you can get him from me."
The same person asked the groom why he
took such away to get a wife, and he said:
"Well, we couldn't get the consent of the
parents, so we just thought we would get
Fournier is very well liked by his com
Murder at Louisville.
LotnsvriiLE, Ky., March 31.Chas. Eitzel
was murdered this morning by a hack driver
known as Ed Clayton. The quarrel was be
tween Clayton and one Midenkamp, who was
also shot, but not seriously.
W. Lindsy, of Batavia, 111., caused the arrest
of a boy at Council Bluffs, the other day, for
stealing $100 from him. After the boy had
been in jail two days the man found his money
securely looked up in an old tobacco box on hi*
an 1 Bridge Co/ vs.
Hudelback, 4 Otto, 798. In .each
of these cases it was held that the mortgage did
not attach or become alien upon any portion
oftbesavingB or income of the road accruing
while the mortgagor continued inrittsopossession,
control aned management, and that the mortga
gees acquired no lien or right upon any por
accruing prio the time
of their taking possession of the road either
personally or through the intervention of the
court by a receiver in the exercise of their op
tion after default. The principle of these de
cisions in this that whenever by the terms of a
mortgage upon this kind of propertv either
expressly or by implication the right is re
served to a company, the mortgagor, who is the
general owner, to retain posession and use of
the mortgaged property by operating the road
receiving the earnings and applying them its
discretion towards defraying the operating
expenses, such mortgagor must be re
garded as the owner of all such
earnings acquired during the continuance of
his possession, and divested with the absolute
right of disposal as fully as any general owner
of property enjoys. This right is wholly in
consistent with the existence of any specifica
tion under the mortgage in favor of the mort
The principle as applied to this case of mort
gages, we deem eminently wise and beneficial,
and the case now before us falls clearly within
The objection made by appellant's counsel
that the hereinbefore quoted stipulation from
the second article of the mortgages under con
sideration, in reference to the appropriation
and use, if necessary, of the net earnings to
the payment of the interest on the bonds so far
distinguishes the present case from those de
cided by the federal court, as to take it out of
the operation of the principal of those
decisions is not in our judgment tenable. His
claim is that the net earnings therein men
tioned refer to all the net earnings of the road,
including both those earned prior and after the
trustees took possession, and that the effect of
the clause was to specifically appropriate them
in advance, to the purpose indicated. It seems
to us that this proportion differs in no essen
tial particular from that considered in the
case cited from 4th Otto supra. There the
mortgage in terms included "the rents, issues,
and profits of said bridge, as far as the same
were not required to pay the necessary expen
ses of keeping in repair and operating the
bridge," and it expressly declared that "'said
rents, issues and profits (that is the net profits),
were thereby pledged to the payment of inter
est as it matured, and to the establishment of a
sinking fund for the redemption of the
principal of said bonds," &c., clearly
thiB langugage as fully and speci
fically, and appropriates the net
earnings to the "purpose named as does that
used in the instruments now under considera
tion, and is equally as broad in its application.
Be&ides conceding the correctness of counsel's
proposition in respect to this stipulation and
its effect, it is difficult to see how his clients
can avail themselves of its benefits upon the
disclosure made. It is not claimed that the
provision refers to anything but net profits.
The disclosure shows that the unpaid current
expenses incurred by the company in operating
the rad prior to the time the trustees took
possession, exceeded this balance of $42,618.02
of income which then lenfamed the com
pany's hands, and one branch of the appel
lant's defense against the garnishment herein
is that they have paid such expenses so neces
sarily incurred to an amount exceeding the
balance of income received by them from the
company. In view of these facts, it is appstr
rent there was no net income to which this
stipulation could apply. The order for judg
ment was providently granted, and must be
affirmed. CORNELL,, J.
Sioux City, Iowa, has organized a tree-plant
Nine living Jews wear British titles of hon
or and several English Jews hold foreign titles.
Henry Roe, a prominent Irish distiller, has
restored and endowed Christ church cathedral,
conditions are substantially
Kerosene flames are quickly extinguished by
covering them with woolen. The next best ex
tinguisher is flour.
A lumber firm in Oconto. Wis., is credited
with manufacturing the finest grade of deals
which reach Great Britain.
A colony of fifty persons, consisting mainly
of Highland Scotch, has left the neighborhood
of London, Ont., for Dakota.
DubuqueAlue-jays attacked and worsted a
ffock of English sparrows turned loose a
park of that city, the other dflft.
Invitations will be extended to Milwaukee.
Chicago and St. Paul aquatic clubs to unite in
a contest at Madison, Wis., in June.
The freight earnings of the Green Bay and
Minnesota railroad, are $1,000 per day, and the
monthly pay-roll amounts to $10,000.
A barber who took a razor in liquidation of
a certain claim against a customer baptized
it Kimball, because it was a debt razor.
A party of twelve persons, some of them
ladies, left Grand Rapids, Mich., the other day,
for the Black Hills, where they intend to re
The late Earl of Cardigan's horse, whioh|he
rode at the Balaklava charge, is stuffed, and
forms a feature in the hall of the family man
A Mrs. Reynolds, who recently died at Kings
ton, Wis., aged eighty-five years, leaves a hus
band aged ninety-two. They had been married
Among the speakers for the coming junior
exhibition at Yale is Clung Lung, of Hieng
Shang, China, who has proved himself an ac
There is a new feature-in the ball game
now rampant. A gentleman advertises that he
will go with a full team to any citv that wants
to hire such an equipment.
Casper Schleiden, of Fond du Lac, Wis.,
made a bank of his stove and deposited $90
therein. His wife started a fire in the stove
and burned out Casper's bank.
The success of the Paris exposition the
matter of attendance is thought to be absured
by the number of honorary commissioners ap
pointed to represent this countrj.
Dr. Culyer, of New York, was recently pre
sented with 1,000 new bright, shining "dollars
of our daddies." He has promised to recant
all he has ever said against the silver bill.
When tramps refuse to work in Kenosha,
Wis., they are promptlj put in irons, made to
carry a sixty-pound weight, and then paraded
around town for the benefit of their health.
Bishop Tuigg, the Roman Catholic bishop of
Pittsburg, has issued a pastoral letter taking
strong ground against "mixed marriages," and
urges all Catholics not to marrv Protestants.
A yarn is going the rounds of the paperb that
a fourteen-hands Indian pony owned in Dakota
Territory has beaten all the running horses in
that countrj, including several thoroughbreds.
Edison, the inventor or discoverer of the
phonograph, has over 112 patents on his own
inventions in telegraphy, a number of applica
tions for patents in, and nobodj knows when
or where he will stop his discoveries.
A grand shooting tournament is impending
for Dubuque, at which five hundred gentlemen
sportsmen are expected. The plan is to have
the fair association furnish funds enough to
purchase about four thousand pigeons.
James Flamgan, an inmate of the eastern pen
itentiary of Pennsylvania, is said to have made
a confession revealing many murderous acts of
the Mollie Maguires, and placing the officers on
the track of a nnmber of great criminal*..
Mrs. Elizabeth L. Gould, of Beaver Dam,
Wis., wife of the late Calvin Gould, felt a bore
ness in her thumb. It spread rapidly, until
her hand was a shapeless mass. The disease
poisoned her whole system, causing her death.
A Tennessee paper says "The peach or
chards in various parts of the State are looking
very fine. The trees look like beautiful bou
quets. If the frost does not injure the trees,
there will be a very extensive ciop ot peaches
Clock work has been successfully applied as
a motor to sewing-machines bv a mechanician
of Vienna. It can be wound up in a few min
utes, and it will run for several hours, its
speed being meanwhile fully under the control
of the operator.
Miss Zo Swisshclra, daughter of Mrs. Jane
G. Swisshelm, and a former pupil of the Chi
cago Musical college, lately returned from her
studies in Leipsic, has been playing the piano
with great success in Pittsburgh. She contem
plates making Chicago her home.
A large portion of the silver bullion pur
chased for coining new dollars is bought in
Europe, because it can be bought for less there
than in the United States. So pays the Wash
ington Star. Is it not because a commission
can be made or paid on the bujing Europe?
The Smithsonian institution has lately re
ceived some Indian relies from the mounds in
Florida, and with them a piece of gold rudely
beaten into a representation of the head of a
woodpecker, which is said to be the first speci
men of gold found among the remains of the
aboriginal tribes of America.
They have had a reign of terror in Bayonne,
N. J., hitherto, but, after several cases of hy
drophobia had occurred, the citizens decided
that every dog had his day, and began hunting
tbe canines. Hundreds of animals are killed
daily, and sausages have been eliminated from
the breakfast bills of fare at the hotels.
Father Walsh, of Long Branch, still con
tinues his vigorous war on the rumsellers. One
of his congregation who keeps an inn, and who
was mentioned as violating the Sunday liquor
law, called upon Father Walsh at his parochial
residence recently and sought an interview, but
the reverend gentleman refused to see him.
Henry Irving, the English actor, whose suc
cess dates from 1872, is a protege of the richest
woman in the world, viz the Baroness Burdett
Coutts, a knife and fork being daily laid for
him at her table. His fingers are double joint
ed. His wife disagrees with his acting, so they
do not reside in the same nest. He is tall and
The telephone has saved a man's life. A di
ver belonging to the British ship Vernon while
under water fainted. He had no strength to
signal with the rope, but could just whisper,
"Pull me up," and then became insensible
The telephone, 'which was attached to his hel
met, faithfully reported the whimper, and the
man's life was saved.
It is easy enough. Suppose jou have mailed
a letter in your coat-pocket, and carried it
there three weeks? Sit down and write
"You will observe by the date of the within,
my dear mother-in-law, that Eliza forgot to
hand it to me until to-day. It has been banged
around in the bureau-drawer, and is rather
soiled in consequence. I must lalk to Eliza.
She is getting more careless and forgetful every
The new register of the treasury, Mr. Glenni
W. Scofield, is a native of Chatauqua county,
N. Y., 61 years old, and bald to excess. He is
the fourteenth register appointed to the office
since it was created in 1789. Joseph Nourse,
the first incumbent, held his office forty years,
his successor, Thomas L. Smith, sixteen. Mr.
Scofield's reputation was unpleasantly in
volved in some of the leadmgly political scan
dals of the last decade.