Newspaper Page Text
PARIS, : : : KENTUCKY.
NEWS OF THE WEEK
Condeneed and 3?nt Into Readable
JrM Rhodes, the murderer of the Massic
tamily, was taken out of jail at
Ya., on the 1st inst. by a mob, and
lianged to a tree.
An "Unconfirmed report has been received
to the effect that the Pope of Rome
"was fired at recently by a soldier.
The United States Circuit Court for the
Xistrict of New Jersey, has decided that
Section 4887, Revised Statutes, expressly
requires the Commissioner of Patents to
limit the term of a domestic patent for
an invention previously patented in a
foreign country, to the period of time
which the foreign patent has to run ; or, if
there be more than one such foreign patent,
to so limit the domestic patent that it
will expire at the same time with the one
having the shortest term.
MXry Awn Carey has filed a petition in
the Common Pleas Court of Hamilton
County, Ohio, asking that the will of her
grandfather be set aside, on accounts, of
incompetency from old age to niake'such
a testament. The will devises an estate
valued at $150,000.
During the procession of the Veiled
Prophets in St. Louis, several nights ago, a
stand occupied by spectators broke down,
and several persons were seriously injured.
The Spanish American Claims Commission
is about to decide the question raised
last spring by Secretary Blaine, in the
case of Buzzi, as to the naturalization of
American citizens. A "Washington dispatch
says: "It is probable that some
way will be found by which the State
Department can gracefully abandon Buzzi
without abandoning Secretary Blaine's
The Philadeiphia Presbytery has enjoined
the use of instruments of music in
In a railroad collision, by a misplaced
switch, at Salem, Kansas, recently, the
two engineers, their firemen and a
were killed, and four passengers
At St. Louis the jury in the singular
case of Mrs. Walburga "Wackerle against
the Mutual Life Insurance Company, New
York, involving the identity of her husband,
returned a verdict in favor of the
Caijfornia had a heavy rain-storm, with
enow in the mountains, recently. Some
damage was done.
Professor Ttlden has submitted to District
Attorney Corkhill a report of a chemical
examination of the poisoned bouquet
that was given to Guiteau by his sister.
The report says: "The large bud contained
over five grains of white arsenic. This
was not only sufficient to cause death,
but, owing probably to ignorance,
was so largely in excess of a fatal
dose that the intent of the person who
thus prepared the flowers would have
been defeated by emetics. The original
amount of arsenic was greater than that
found, as the petals of the flowers failed to
retain in a dry state some which adhered
Leading starch manufacturers of the
"West were in conference in Cincinnati on
the 4th, for the purpose of combining their
business and forming a joint stock company,
which if organized, will be a National
consolidation of the companies represented.
The Turtle Mountain Indian lands in
Dakota, near Devil's Lake, are again open
to settlers, by order of the Secretary of the
A marble-cutting establishment of
la., has received a contract from
Mrs. Jesse James to erect a monument
over the grave of her husband.
An Australian steamer has brought $312,-000
in gold to San Francisco.
The Ninth Quadrennial National Convention
of the Christian Church opened
at Albany, New York, on the 4th. Rev.
A. "W. Coan, of Dayton, Ohio, presided.
"Win Rose, of Danville, Illinois, has
traveled as a"lone horseman" on the bicycle
asfar'as Cheyenne (1,400 miles,) on a trip
to San Francisco, being six weeks out.
He will stop there, fearing snow on the
Fifty stores, dwellings, barns and railroad
depots in Concord, Hudson, Acton,
Bedford and Sandbury, Massachusetts,
have been burglarized recently by what
appeared to be an organized gang.
At a French ball at Carenco, Louisiana,
on the 4th, Adolph Marceaux and Dupre
Cormier became troublesome, and on
being ordered to keep quiet, left the room
and armed themselves. Returning, Marceaux
fired in the crowd, killing Narcisse
Dominique and fatally wounding one
Alexis. In the panic which ensued the
murderers escaped, but the Sheriff with a
large posse started in pursuit.
A terrible accident occurred near
Nashville, Tennessee, on the 4th. Gen.
Chas. Porter, George Burton, Miss Laura
Ensley, of Memphis, and Miss Alice Rains
were out riding, when the horses started
to run. Miss Ensley, frightened jumped
out, killing herself ; Burton jumped after
her, his leg-sustaining a compound commuted
fracture. Miss Ensley is a daughter
of Col. Enoch Ensley, of Memphis, and
is well-known as the belle of Memphis,
and a popular young lady all over the
new cases of yellow fever
and one death at Pensacola on the 4th, and
at Brownsville, Texas, three new cases,
The Coroner's jury in the late Harlem
River Tunnel disaster, by which three persons
lost their lives, brought in a verdict
severely charging with blame the train
men and the New York Central and Hudson
River Railroad Company.
John Brooks, colored, was hanged by a
mob at Jacksonville, Alabama, on the 5th,
for a brutal assault on a little girl.
Arabi Pasha demands a trial by Englishmen,
because he says he surrendered to
them, and he would have escaped if he
was to be tried by Egyptians.
The Southern General Passenger Agents'
Association, in convention at Cincinnati,
have adopted a four-cents-per-mile round
trip rate from all points to Jacksonville,
Fla., the short line to determine the mileage.
Sessions of the Jeannette Board of Inquiry,
which began at "Washington on the
fifth, will be open, and it is the present intention
to examine every witness who can
throw any light on the subject.
Indian agents have been instructed by
circular to notify Indians under their
jurisdiction that the white Government is
disposed to treat them kindly, and even
generously, and extend to them every
needed assistance to enable them to make
a comfortable living for themselves and
families; yet they must remember that
there is now no treaty or other obligation
on the part of the Government to support
them, and that what they are now receiving
is purely a gift, and there must come
a day when they will be expected to labor
for their own support the same as the
white men do.
A Pensacola, Florida, dispatch of thg
5th says: "This is the thirty-ninth day of
scourge, and closes with a record of fifty-five
new cases, and four deaths. No' improvement
and no encouragement to
physicians and attendants, savjef in a consciousness
that we are approaching nearer,
day by day, to cold weather." Nine new
cases were reported from Brownsville,
The Engineer Corps in charge of the Missouri
River improvements reports expenditures
for the year of $389,255, and
$1,383,000 is recommended for expenditure
John Leigh and James Rigby, farmers,
living near Palmer, Illinois, had a quarrel
and fight about land, in which Leigh was
whipped. Subsequently3 the latter's json
attacked RigbywithareYolYer and killed
Thx following telegram was received
from KansaCity, Missouri, October 5:
"Frank James surrendered to Governor
Crittenden, at Jefferson City, at 5 o'clock
this evening, and will be brought here tomorrow
morning, and delivered to the
Jackson County authorities. Governor
Crittenden telegraphs that officers will
leave to-night with the prisoner. The officials
here express some surprise at James'
action, as no overtures had been made on
their part toward a surrender. They think
Frank had become discouraged, having in
various ways lost all of his old confederates,
and concluded it was useless to attempt
to longer live in outlawry, preferring
to trust to the leniency of the law in
voluntarily giving himself up. "When
James surrendered to the Governor he
handed him his pistols and stated that he
(the Governor) was the only man, except
himself, who had touched them for twenty
years. Frank was at the McCarthy House
this evening, and many prominent citizens,
were there, seeking the honor of shaking
hands with him. The Times' Jefferson City
special has a letter from Frank James, addressed
to Governor Crittenden, dated St.
Louis, October 1, and the latter's reply.
The letter from James is a proffer to surrender.
It is a lengthy document. He says
that he is prompted to this act through
considerations for his wife and children,
and a desire to retrieve his name
from the shadow which has been
cast upon it and through it upon the good
name of "Western Missouri. He makes the
plea that he is not so bad as he has been
painted ; that the outlaw has the thoughts
and impulses of a man, and his desire to
return to the house of his parents, and
there with his family to pass his days in
peace and thus regain the respect of his
fellow men. He thinks it unnecessary at
present to recount the history of his life,
as those who are his friends are already
acquainted with it, and the public at
present is not disposed to judge him charitably.
He thinks that his sufferings have
already done penance for his acts. He
denies the authorship of any of the letters
threatening assassination in retaliation for
the murder of Jesse, which have been attributed
to him. He submits the question
whether Frank James, humbled, repentant
and reformed before the world, will
not be an example more fraught with good
to the rising generation than Frank
James the outlaw and wanderer. He says
this letter is the result of a determination
formed during the past four years of industrious
farm life which he has spent.
He asks for amnesty, if possible, and states
that an answer will peach him through his
wife, who is at Independence, Missouri.
On receipt of this letter Governor
Crittenden replied that he could make
no definite promises, but would recommend
that James present himself before
the courts where charges now rest against
him, and answer them as best becomes a
man. The Governor stated that this was
no time to consider the matter of amnesty,
but, if after the verdict of the court the
consideration of the question of a pardon
seemed justifiable he would consider it. In
accordance therewith James appeared before
the Governor to-day, accompanied by
Maj. John N. Edwards, of Sedalia, as
counsel, and formally surrendered himself.
He will arrive here at Kansas City
to-morrow and have a hearing at Independence,
the county seat."
George Scoville has filed a petition in
the County Court at Chicago asking that
Mrs. Scoville be adjudged insane and confined
in the asylum for lunatics.
Jim Elliott, of New York, has issued a
challenge calling out Paddy Ryan and
George Rooke to fight him.
Hon. Robert H. Baker, a prominent
politician and business man of Racine,
"Wisconsin, and Director of the Union Pacific
Railroad, died on the 5th. .
PERSONAL AND POIaXTICAX.
The Connecticut Democrats have nominated
a State ticket, headed by Thomas
M. "Waller for Governor.
It is thought that Alex. H. Stephens,
for Governor of Georgia, has carried nearly
every county, and taken the whole State
by 40,000 majority. All the Democratic
State ticket is thought to be elected.
The Delaware election gives aDemocratic
majority on the Inspector's ticket, and a
Republican majority on the Assessor's
ticket, both small.
The son of Secretary Folger was reported
dangerously ill on the 4th.
Miss Ava Allen, lost on the R. E. Lee,
and reported as Miss Adams, a music
teacher, graduated recently at the Cincinnati
College of Music, and was on her way
to Baton Rouge, La., to take charge of a
Adelaide Phillips, the singer, died at
Carlsbad, Germany, on the 4th.
General Slocum has accepted the Demo
- -- ? " 4t
cratic nomination for Congressman-at-Large
in New York.
The defalcation of CaBhier "Wellington,
of the Manufacturers' National Bank, of
Troy, N. Y., is reported at $31,515:
Charles "Wahab, who recently made an
exploration of Burmah, starting from
China, is dead.
Milwaukee, "Wis., October 4. The
of the Sixth District nominated S. T.Wing, of
Chicago, October 4. The Republicans of the
First District nominated R. W. Dunham, President
of the Chicago Board of Trade. The Democrats of
the Third District nominated W. P. Black in place
of Mayor Carter Harrison, declined.
Baltimore, October 4. J. F. C. Talbott was
by the Democrats of the Second District.
Theodore F. Lang -was nominated by the
Republicans of the Third District, and Henry
Stockbridge by the Republicans of the Fourth
Louisville, Ky., October 4. At a meeting of
the Prohibitionists, J. Monte Hunter was put in
the field as the candidate for Congress from, this
. Greensboro, N. C, October 4. The Republican
Convention of the Fifth District indorsed J. R.
"Winston, the Independent Greenback candidate.
New York, October 4. The Greenback-Labor
Convention of the Eighth District nominated
Louis F. Post, of the Truth newspaper.
Whitehall, N. Y., October 4. The Republicans
of the Seventeenth District nominated F. A.
Worcester, Mass., October 4. The Republicans
of the Tenth District re-nominated Wm.
Nokfolk.Va., October 4. The Democrats of
.the Second District nominated R. C. Marshall.
Baltimore, October 5. The Republicans of the
Second Congressional District nominated'lhaddeus
Oneonta, N. Y., October 5. The Republicans of
the Twenty-First District nominated. George W.
Ray for Congress.
Buffalo, October 5. John F. Moulton was
nominated for Congress by the Republicans of the
Fall River, Mass., October 5. The Republicans
of the First Congressional District nominated
R. T. Davis for Congress.
Altoona, Pav October 8. Alexander H.
Coffroth was nominpted for Congress by the Republicans
of the Seventeenth District.
.Milwaukee. October 5. The Democratic Convention
of the Fourth District, held in this city
to-day, re-nominated P. V. Detteter for Congress
Cheyenne, W. T., October 5. The Democratic
Territorial Convention met at Green River to-day.
M. E. Post, present delegate to Congress, was
Coston, October 5. The Fifth District Demo
crats adjourned one week to await the action oi
the Independent Republicans. The Sixth District
Democrats nominated Daniel W. Lawrence.
The Czar of Russia, as an act of clemency,
has commuted the sentence of death
of Nagormy and Jewsejeff, political criminals,
to hard labor in the mines for an
The Government of Hawaii is encouraging
German, Portugese and Japanese
immigration. The weather is favorable in
that country for the sugar crop, which is
estimated at ne hundred and forty thousand
The death of Tian Chu, leader of the
Dungan rebellion, China, was reported on
A Dublin dispatch reports that the
knives used in murdering Lord Cavendish
and Under Secretary Burke, in Dublin,
have been found, with the hope the murderers
themselves will soon be taken.
Author Meyer and Gaston Dreyfus,
journalists, fought a duel with swords at
Paris on the 4th. Meyer was woundi in
the cheek and hand.
Telegraphic communication was established
on the morning of the 5th, between
Callao, Peru, and the United States and
There is consternation among the
owing to a report that on recommendation
of Archbishop McCabe the
Irish Catholic Hierarchy, now in session,
has refused to allow priests to attend the
Tns Italian Chamber of Deputies has
The snapping of a chain caused the fall
of an iron curtain among the footlights,
on the stage of the Royal Opera-house,
Berlin, on the 5th. The accident caused
an intense panic among the audience, and
many persons were severely crushed, but
no one killed.
The steamship Atlantic has brought to
New Orleans from Vera Cruz forty-seven
sailors from five Norwegian vessels, and
four sailors- from one American vessel, the
Commodore Dupont, all wrecked on the
coast of Mexico, during the gale of September
Ah official report says Alex. H. Stephens
has a majority of fifty or sixty thousand
in Georgia, but General Gartrell is going
to contest the election.
The Irish World, of New York, has remitted
$342,548 of the fund raised in the
United States for the Irish Land League.
The World has closed the fund because, as
it says, there is no longer a Land League
It is said of President Arthur that while
he was in New York he consulted one or
two eminent physians, who confirmed the
statements of Washington physicians as to
his condition, and re commend even more
strongly a change of habits and absolute
rest, if only for a time.
Reported business failures for the week
ending October 6, 111.
At Lowell, Kansa s, on the 6th, a dwelling
was burned. A seventeen-year old girl
escaped with her mother and went back
into the burning building for ' her little
sister, and both perished in the flames.
Prank James, the outlaw, is in jail at
A strike among the iron men was inaugurated
in Cincinnati on the 6th. Seven
hundred men have s topped work, and it is
expected that others will follow.
A riRE on Broadway, New York, on the
6th, destroyed property to the extent of
$150,000. Stern & Co., occupants of the
building (there being a number of others,)
James L. Heatherington, of Philadelphia,
has been arrested on the charge of
being concerned in the robbery of $70,000
worth of paper from Howell & Brothers,
paper dealers, Philadelphia.
Little Kate, Bouncer, Nina, Jim Mc-Gowan
and Nimblefoot took the Brighton
Beach races on the 6th.
The manager of a Pittsburg museum has
offered Frank James, the outlaw, now a
prisoner, $5,000 for a ten weeks' " star engagement,"
The epidemic in Chicapa, Mexico, is
rapidly abating and declared not cholera.
The American Board of Foreign Missions
closed its session in Boston on
Warrington, Florida, adjoining the
Pensacola Navy-yard, was almost entirely
deslroved by fire on the 6th.
It is later reported that peace negotiations
between Chili and Peru haye been
ANOTHER STEAMBOAT DISASTER.
Burning of the Steamer B. E. Lee Below
Vicksburg MIsb. Great Destruction of
Property and Terrible loss of life An
Interesting Becifal of the Incidents of
the Disaster Statements of the Captain
and Other Officers Heroic Action of the
Pilot, etc., etc.
ViGKSBUitG, Mies., September 30.
This morning at three o'clock fire broke out
on the steamer R. E. Lee. while on her trip to
this city, about thirty miles below here, resulting
in the total destruction of 'the boat, with a
terrible loss of life. The following is a list of
persons known to be lost: Cabin passengers:
Mr. Pointer, Marysville, Ky.; Mrs. McClellan,
New Orleans; Miss Adams, music-teacher, on
the way to Baton Rouge; an infant of Mrs.
Scale, of Vicksburg; two colored women;
Frank Jones, fireman; Ophelia Jones and
Martha "Webb, second and third chambermaids;
Thomas Fisher, Joe Murrell, Scot Cox,
Thomas Collins, Irwin Duncan, cabin boys;
Samuel Brown, rbustabout; Kardof Swanson,
carpenter; "William "Westermaker, second engineer;
Tom Collins; all the cooks and help
except the pastry cook.
The Lee had just been overhauled and newly
painted, and was on her first trip this season.
She left Vicksburg yesterday evening for
New Orleans with 500 bales of cotton and a
good list of passengers. While opposite Point
Pleasant, at 3:30 a. m., she was discovered on
fire, and was immediately headed for the
Louisiana shore and landed at Yucatan plantation,
thirty-five miles below Vicksburg. In
a few minutes she was completely enveloped
in flames. The steamboat J.
M. White passed the wreck about six
a. m., and took the remaining passengers
and crew to Vicksburg. S. C. Kawlings and
Robert Smith, pilots, were both burned and
otherwise hurt. The fire, it is supposed, originated
in the pantry-room. So rapidly did the
flames spread that it was impossible for passengers
or ofiicers to save anything except
what they had on at the time. Captain W. S.
Cannon states that the steamer was owned by
the estate of his father, John W. Cannon, and
her Commander, Captain William Campbell.
She was valued at $100,000. The crew was composed
almost entirely of men who had been on
the river twenty or thirty years. The boat,
besides supply-pumps, had a new fire-pump
wjth.a fourteen-inch cylinder and 700 feet of
hose. There were always three watchmen on
The Lee had on leaving here about 415 bales
of cotton. She took on some few more at
landings below and about sixty-five bales
from a small cotton-seed beat, so that when
burned she had about 512 bales, also a large
cargo of boots, shoes and dry goods Teshipped
by the Vicksburg & Mississippi Railroad from
points north and east of Natchez and other
points below this city, 20,000 feet of lumber, a
large quantity of doors, blinds, sash, etc., together
with a large lot of miscellaneous
freight. She stopped to wood about twelve
miles below here at 12:30 this morning, and remained
some time. The last landing made before
the fire was at Ashwood, about twenty-five
miles below this city. At the time the
alarm was given the boat was under way. She
was immediately headed for shore, and struck
the bank in three or four minutes.
Whenever a survivor was seen on the street
immediately a large crowd would gather
round, eager to learn whatever he knew of the
sad occurrence. Numbers were seen with
heads and arms bound up, some of them in
considerable pain, while others were not so
Mr. Ovice Bell, second clerk of the Lee, who
was up at the time the accident occurred,
stated: " I never saw anything burn so quick.
I was aft at the time, and when I heard the
alarm, knowing my partner, who sleeps soundly,
and other officers were in tho te as and in
gneat danger, I rushed up to awaken them.
The fire followed me bo fast that by the time
I had them all up my partner had his hair
singed in getting down stairs from the hurricane
roof, and I was forced to climb over the
rail. The boat had just been freshly painted,
and she went like gunpowder."
Mr. Bell and a passenger who was interviewed
think the fire originated in the pastry-room
of the cook-house, "though I don t see,"
said the former, "what the fire was doing in
there so early, as the cooks are not called before
Mrs. Dan Searls, with heroic presence of
mind and motherly devotion, grasped her
Bleeping infant, and, arranging a life-preserver
in her state-room about her person, jumped
boldly into the water. By disarrangement of
her life-preserver she was thrown upon her
back and lost her grasp upon her child. .
The saved owe their lives to the adnTirable
courage of Pilot John Stout, He stood at the
wheel and gave hope to all by his firmness,
and as the steamer rounded at Y ucatan Landing
the flames were fast enveloping
the brave man in the pilot-house, who,
despite the fire around him, with almost the
last hope of escape gone, remained at his post
until he gave word to the engineer that the
boat had made the shore. Not until this was
done did he for one minute take his hand from
the wheel. He made his escape by the hurricane
roof down the hog-chain to the lower
deck and from there ashore. Some think the
fire was the work of an incendiary, while others
believe it accidental.
Engineor Perkins first saw the flames issuing
from the pastry-room, in which there were
no lamps at the time. The steward, Henry
Carrnahan. states no coal oil or other combustible
material was ever kept in the kitch en,
pantry or pastry-room. He thinks it was of
Engineer Perkins, instantly after discovering
the fire, notified the pilot, and the boatwas
headed for the Mississippi side', and plunged
with such force against the bank as to become
firmly f asvned. The passengers not cut off
from the bow escaped to the shore. The
casualties occurred amongthose having berths
aft. Some of them, however, were rescued
after jumping overboard. Those who succeeded
in getting ashore were many of them
half-clad, Bome hatless, others shoeless, and
others still with scarcely enough clothing to
cover their nakedness.
The steamer was insured for $50,000. The
total loss by the burning of tho Lee and cargo
is $175,000. The merchandise was fully insured.
Captain John Hall, clerk of the boat, said
that he was in the office about three o clock
when he heard the cry of fire below. He did
not desire to create a pan'c, because there'
were several parties aruund him, but when
the cry was repeated in a manner which left
no doubt of the truth of the, cry, be ran to his
room to procure a sachel in which to place
th,e money and valuables of the boat. When
ho reached hin room it was filled with smoke.
He hurried back to the office and emptied all
of the money in the safe into the sachel. By
that time the cabin had become dense
with smoke, extinguishing all tho lights. He
groped his way to the stairs, and was almost
suffocated. Hewaaso exhausted that he fell
half way down stairs to the platform. It was
with great difficulty that he reached the lower
deck, aud wag assisted to the shore. He saved
about $2,500, of which amount $750 was in
silver, weighing sufficient to make it a hard
task for him to carry it out in safety. While
going down stairs he met Mail-Agent Beebe
gojng up to the locker to try and save the
packages in the mails. The smoke
was so dense, however, that the lantern
whlchMr. Beebe carried in his hand was extinguished,
and in self-preservation he was
compelled to hurry ashore. Captaid Hall said
that the fire pither originated in the pantry,
store-room or pastry-room. Captain Campbell
and several Qf the crew who were on watch
had been in the pantry just five minutes previous
to get some coffee. They did not smell
any smoke, and there were no indications of
the fire. Over $500 of tho boat's money m
one of the drawers was lost Captaia Hall
also saved an envelope containing some money
lor Henry Mason, one of the passngers.
A mysterious serenade, apparently
coming from the clouds, delighted as
well as excited the people of Madison,
Ga,, a few nights ago. Whence the
music came is yet an unsolved mystery,
and the superstitious, of course, are
greatly disturbed. Atlanta Constitu
A Syracuse dog tried to walk
through a $200 plate-glass window one-fourth
of an inch thick. Finding that
no easy thing, he "took a start" of
twenty feet and with a terrific bound
went clean through and scampered awsf
Brief Digests of Iate Decisions.
fFrom the St. Louis Commercial Gazotte.1
A lunatic was held liable for personal
injuries occasioned plaintiff by a defect
in the doorstep of a building, owned by
the lunatic and under the management
of his guardian. By the common law a
lunatic is civilly liable to make compensation
in damages to persons injured by
his acts, although, being incapable of
criminal intent, he is not liable to indictment
and punishment. But this case
does not require -'.the affirmance of so
broad a proposition. The owner of real
estate is liable for a .defect upon real
estate owned by him and not exclusively
controlled by a tenant, although not
caused by his own regleot,but by that of
persons acting in his behalf or under
contract with him. And there is no
precedent and no reason for holding
that a lunatic having the benefit is exempt
from the responsibilities of ownership
of real estate. Morain vs. Devlin,
Supreme Court of Massachusetts.
- The failure to erect caution boards at
railroad crossings as required by the
statutes does not necessarily make the
railroad company responsible for damages
occasioned by a collision with one
of its trains at the crossing. The caution
board is for the purpose of a notification
to those who are passing along the road.
And where a party is familiar with the
crossing and has frequently been over it
and had it in mind on the occasion in
question as he approached it, he can not
be said? to have been injured by the failure
to set up the caution. The fact that
the approach of a railroad to a highway
crossing is obscured by embankments or
otherwise, imposes upon travelers by the
highway, as well as upon the railway
company, special care to avoid collisions.
Haas vs. Grand Rapids & Indiana
Railroad Company, Supreme Court,
POWER OF ATTORNEY.
A power of attorney to "superintend
any real or personal estate," and generally
to do all things that concern the
interest of the principal, and giving the
attorney full power to use the name of
the principal to release others or bind
the principal, does not empower the
attorney to sell real estate. An instrument
under seal given to such attorney
in fact by the principal acknowledging
himself firmly bound by all the acts of
such agent or attorney, and ratifying
and confirming whatsoever he had done
in his name, and acknowledging the
receipt in full of all sums of money, dues,
obligations and other thing3 from such
agent or attorney, does not ratify or
validate conveyances of real estate made
by such attorney acting under such
power of attorney. Hunter vs.
Valley Beet Sugar Co., U. S. Circuit
Court of California.
The right of riparian owner to have
the water of a stream flow through or
by his land in its natural purity and
without appreciable pollution causd by
owners above him, is well settled, is a
part of his property, and will be protected
by injunction. Nor is this right
modified by the fact that the flow of the
stream has been increased by reservoirs
built along its upper course. Silver
Spring Bleaching and Dyeing Co. vs.
Wauskuck Co., Supreme Court of Rhode
Where one represents himself as an
owner and as such contracts and is contracted
with, the person with whom he
contracts may sue and recover against
him as an owner. So, when one represents
to another that a designated person
is his servant or agent, and induces
the person to whom such representations
are made to confide in and act upon
them, an action may be maintained for
the servant's negligence, although the
relationship did not exist. Growcock
vs. Hall, Supreme Court of Indiana.
A purchaser of a tax title may have
an injunction to stop a sale of the same
property under an execution, as the
property of the person whose rights
therein were sold at the tax sale. Hall
vs. Theisen, Supreme Court of California.
An advancement is the giving by anticipation
of the whole or a part of
which it is supposed the child or person
would be entitled to receive on the death
of the party making the advancement.
It is a pure and irrevocable gift. Har-ley
vs. Harley, Court of Appeals, Maryland.
There is no fixed rule of law that the
holder of a State check takes it at his
peril, and is affected with any equities
attaching to it as in the case of over-due
bills and notes. But if an action is
brought on a State check, the holder
must prove not only that he came by it
bona 'fide, for value, without notice of
any equities, but must also show that
he took the check under circumstances
which ought not to have excited suspicion
in the mind of a reasonably prudent
person. London and County Bank vs.
Groome, 46 Law Times, p. 60.
LOSS OP PROFITS.
In an action for breach of contract to
deliver goods it was shown that the
foods were not procurable in the
that the plaintiff had entered into a
contract of sub-sale, which in consequence
of the non-delivery he could not
perform; that such contract was not
known to the defendant at the time of
sale, but that he knew that the goods
had been purchased by the plaintiff for
sale. Held that the plaintiff was not entitled
to recover damages for loss of
profit on the re-sale. Thol vs. Henderson,
Court of Queen's Bench.
REAL ESTATE LIENS.
If a party owning real estate subject
to mortgage or judgment sells part of
it, that remaining in his hands, if of
sufficient value, must bear the whole
charge of such mortgage or judgment,
and the part sold can not be made to
contribute until that remaining with the
debtor or mortgageor has been exhausted.
This rule extends to purchasers of
the incumbered premises and in an order
inverse to the dates of their several titles.
It also extends to releases of mortgages.
Matter of Martin's Appeal, Supreme
Court of Pennsylvania.
V t. m
i 4 - 0 It ...
TOPICS OF THE DAI.
Prince Bismarck has
Ministry twenty years.
Evangelist Moody is trying to Btirujn
a religious feeling in Paris.
The corn acherage is greater this year-than
ever before owing to the tooth-pick,
A tunnel is projected under the Elba,.
between Hamburg and Steinwardei;
"ItwuiIi cost over $100,000 to replace?
the bridges swept away by the recent
floods at Elizabeth, New Jersey.
Seven citizens of Delaware were publicly
whipped a few days ago, and three,
more stood an hour in the pillory.
A gentleman who has' made recent
observations inn Utah claims .to have
discovered internal dissensions in the-
Mormon Church which may work its-
' Cincinnati is organizing a swell cavalry
company, to be known as the
Horse Guards. It takes $300 and
a "passable" moral character to become
The great Newburgh poker game has.
at last been settled, by Hedges and:
Scott refunding to their victim, Weed,
$20,000. This makes Weed's loss, in
round figures, $70,000.
Each of Garibaldi's children is to
get $2,000 a year for life from the Italian
Government. Yet their late father was
in 1834: condemned by grandfather of the-present
King of Italy to be shot.
The Queen of Madagascar has ordered,
that a prohibitory law shall be framed,
prohibiting the manufacture of brandy
or its importation into her territories.
The penalty is the forfeiture of ten oxen,
and a fine of $10.
The fruit crop in Scotland has been a-
complete failure. It is the worst season.
for the last fifty years. At one well
known orchard in the Carse of Gowrie,
which is rented at 200, the crop consists
of one barrel of apples.
Rumor has it that the wedding of Mr.
Chester A. Arthur, jr., and Miss Crowley,
has been appointed for the early
part of October. The bride and groom,
elect are extremely young, their combined
ages not exceeding thirty-six.
The London Truth says that a speculator
in New York has resolved to tempt
Prof. Huxley to cross the Atlantic by
the offer of 100 per lecture for a series-of
200 discourses on popular science, to
be delivered during 1883 and 1884.
Mr. Gladstone wears ready-made
clothing, aid while crossing a street
always acts on the principle that the
hypothenuse of a triangle is less than the
two sides. In place of using the crosswalk,
he cuts off the corners, or crosses-diagonally
on the cobbles.
Mr. J. G. Bigelow, the counsel for
Sergeant Mason, states that when he
visited the Albany Penitentiary a few
days ago, to obtain the execution of the-petition
of a writ of habeas corpus, Mason
was looking bad and felt quite discouraged.
They have him engaged in making
The Washington Critic says: 'Star-Route
juryman John B. McCssihy, who
voted for conviction all the way through,
has been appointed to a position at the-Government
Asylum for the Insane.
Mr. McCarthy was simply an honest
cobbler before he got on the jury."
Baoon that used to sell in the South for
from five to eight cents per pound is now
worth from fourteen to seventeen cents-per
pound. Cotton has depreciated
largely, and it does not pay to raise cotton
to buy pork with. The Southern?
farmers are beginning to find this out.
The number of acres in rice in the'
United States in 1880 was 114,113; number
of pounds produced, 110,131,373
clean rice; an average product of 632-pounds
per acre. Number of acres under
cultivation in 1881, nearly twenty
thousand lesa than in 1880, and product
in 1881, eleten million pounds greater
than that of the previous year.
The London Truth ridicules Gen,
Wolseley's dispatches from Egypt as
'sentimental twaddle," and attention is
called to his account of an engagement
in which there was "heavy firing for
Baveral hours," the troops "behaving
admirably under a hail of bullets," and
the result was one man killed and twelve
A wealthy bachelor of Oregon, whose
death lately occurred in the East, while-on
a visit, has given the most valuable-farm
in the cove to a school for youag
ladies. The buildings for the school will
be erected soon. This farm contains
84,000 prune an plum trees, and the proceeds
from the sale of fruit are soma-$10,000
Prof. Boss, of the Dudley Observatory,
at Albany, says the comet was 16,-000,600
miles from the sun September
17, and 20,000,000 on the 21st. On the
former date it was 103,000,000 milea
from the earth, and on the latter 107,-000,000.
It is thus going away both,
from the sun and the earth. It is plainly
visible in the early morning in the-Eastern
sky, and is beautifully brilliant.