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♦ B L '4 K A NO. 22. vol. vn. MIDDLETOWN, NEW CASTLE COUNTY, DELAWARE, SATURDAY MORNING, MAY 30, 1874. £ctcit jo^trg. THE OLD GRANGER. A PARODY. Near the track of a railroad newly laid, A farmer leaned on his earth-worn spade, While his taxes were high and his crops were slim, The charge for freight played the deuce with him, So he growled a growl at the train's sharp din— I'll gather you in ; I'll gather you in 1 " " I've born you long and here I vow Your railroads to beat, some way, or how ; I will get up a law by the great horned owl ! Te cut down your profit and make you howl, And but little or nothing I'll slip from bin Of hoarded corn till I have gathered you in I II We will raise in our granges, bold and free, And ' Down with the freights' shall our war-cry be; Not a partisan crow nor a party hack, Shall help us to gain our birthright back For the battle is eurs, to lose or win— We'll gather them in ; we'll gather them in ! " Now a gaunt politician came that way, O'erheard the old man's angry say ; And he gave to kis head a knowing screw, And he said to the granger " count W'ith a thought to himself, replete with a grin, " I'll gather you in ; I'll gather you in 1 " Then a twist in his eye, to seem acute: " The farmer's tongue has too long been mute, I am just your man, if it suits your mood, So place me where 1 can do most good ; If an otfice fit you will help me win, We'll gather them in ; we'll gather them in I " Touching hand in hand in warm exchange, They take a walk to the farmer s grange, Where the stranger speaks with his rurul air, And sprinkles hayseed in his hair ; 4 ' Let the railroads quail when our blows begin, We'll gutber them in ; we'll gather them in 1 " So they vote for him at the coming polls, Those simple, honest, rural souls ; Never dreaming that they of the iron horse Are voting, too, for the man of course ; Ab ou him alone their failli to pin, To gather them iu ; io gather thtuu in. When election is over, the railroads run A score of trains where they once had Where u ditch by tho track is found to hold A poor eld granger, s*ark and cold ; For the chap he'd helped to office win llad gathered them iu ; had gulhered them i in too," A BARON IN DISGUISE. Tito Florida Hotel Keeper Bodly Deceived. Uo wan very The paople of Jucksuuville, Florida, are having their fun over one of their ho tel keepers. The story is told as fallows : A rough-lookiug mau entered the hotel and wrote his name upon the register.— His face aud hands were sunburned, und his eyes looked bloodshot, man thought he detected the smell oi l whiskey about his clothes. A gray ffan Del shirt, torn coat, dirty breeches, scaly brogaus were all that the visitor wore. The watchman gazed at hint a few seconds, as if uudecided whether to kick him out or let him remain. " Could I have rooms placed at my service ? " inquired the hard looking cus tomer. Watchman hesitated. He eyed the ap plicant very closely and smelled of him. There was a taint of liquor iu the air — 41 Oh, you wauta a room, do you, old fellow?" tha watchman said "Well, just stop here a momeut, and keep your bands ill your poekets while I run up staira and see if the landlord will assign you ooc." " There's a man down stairs wants a room," the watchman said. " Who is he ? " inquired the Deacou. " A drunken old Irishman," was the reply. " What docs he look like?" was the interrogatory. "Look like?" repeated the watchman " He's the worst looking Irishmau that I ever saw, and he's drunk." " Well, slap him in No. 40. I guess that's good enough for him." " I guess that it's better than he ever had before," answered the watchman as he closed the door. Down Btairs he dashed. The baggage was all safe. The Irishman stood faeing the register with his hands in his pockets. 44 This way, old fellow," the watchman exolaimed, again mountiug the steps.— The old Celt followed him. No. 40 was a cramped uparatmeut in the top of a wing of the hatel immediately over the kitchen. The carpet was dusty, the nose of the wash piteher was broken, and tho furni ture generally was not calculated to please a fastidious Uste. 44 Is this my room?" the Irishman aaktd. " Yes, this is your room," replied the watchman. " Well, then," said the Celt. " I must tell you that this wou't do. I want a lar ger apartment, one that is well furnished and with sooparier accommodations." " Oh, you de, eh ? I suppose you would like the ladies' parler. You can consider yourself mighty lucky to get this room.— If I waa the proprietor 1 would hoist you into tbe hey mow." Tbe old Irishman stared at tho watch The ,'atcb -1 man in perfect surprise. It was some sec onds before be could catob bis breath.— 44 I'm greatly obloiged to ye for your im pertinence," be seid, " but if I cawn't find accommodations here I muBtgo where I can find them." " That's right, old fellow, you better go to tbe Grand National. That's the plaoe for suob slouehy old roosters as you." And the indignant old Celt walked down three flighte of stairs followed by tbe equally indignant watchman Aa tbo old mao waa about to pass out tho front doors be met a half dozen bardfisted eom panions about to aotor. •• Hold on, boy»," be said, " This is too Aristocratic for oos. The National is the place for suoh slouchy ould roosthars as oos." And they went to the other hotel.— Two large express wsgons loaded with trunks travelled in in their wake. The whippoorwills laughed at them as they pass ed under tho water oaks shading the pub lic square, aud the stars shone brightly ae they disappeared under the portico. When the sun arose the landlord came down staira with a fine appetite. " Good morning, Kingsbury," he said. " How's your drunken Irisman this morn ing Is be up yet?" " No sir," replied the watchman. "No. 40 wasn't good enough for him. He wan ted the bridal chamber, and I made him dust." Here the Deacon stepped to the regis ter, and began to read the list of arrivals. Suddenly his eyes dilated. A flush over spread his eounteniince. Putting his fore finger upon tbe book he shouted, " Here, here, Kingsbury. What's this? Look here-" The watchman looked at the finger.— It poiuted to the name of ■ Sib George Gore, England, j " Oh. good Lord," be exclaimed, " that was the drunken Irishman ! " Sir George is a western hunter who vis ited Florida with troops of retainers, «loge, guns, etc., and scattered his tuoucy briskly. Underground London. Undergrouod, tha city of London is certaiuly the most wonderful in the world. It is a labrynth of draiu-pipos, water-pi pes, gas-pipes aud underground railways. There are points iu the soil of Londou where it would be extremely difficult to fiud room for another pipe. Ono compa uy uloue—the Gas and (Joke Company— supplies two districts with nearly 400 miles of pipes, varying iu diameter from three inches to four feet. These are the maiu pipe* merely, and from them every house aud street lamp receives ou au aver age six or eight feet of small piping. Iu addition to these, and the underground tele graph wires, there are uo less than 12,500 miles of drain-pipe« of various dimensions Less familiar to use, but uo less impor tant, and the lead and the iion tub « — leaden pipes with outer castings of iron — along which written messages, picked in little felt and gutta pearcha cases, are blown from station to station. The con venience of these messages is immense. A steam engine forces iu a blast of air, and in about a minute it travels a dntunce of 980 yards. There are at present thirteen stations on the underground railway ; and as the people walk upon the streets of Lon dou, electricity is fiasning messages above their heads, aud little missives are whiz zing and dartiug just uuder their feet.— As many as 1,500 messages pass to and fro in a day. Loudon presents a world of underground streets, some two or three thousand miles iu exteut. All the drains empty into three great sewers runuiug parallel with the Thames, sewers connecting in the neighborhood of Victoria Park, and through Barking Creek district discharge into the river. Men are constantly ployed keeping these drains in repair.— Londoners never pour a pail of water dowu a drain but at the depths of that mysterious aperture somebody is making way for it. A stranger, properly costumed, can ex plore these depths, which resemble vaulted galleries iu the side of which are traps formiug various small channels the storm waters come as they sometimes do during a thunder-plump, the torrent is fearful ; so much so that upon several oc casions men have lost their lives. : oi l a I as -1 The di ai system of When " Ail, So Fair!" —A Nashville paper describes tbe " only young man" in Fay ettesvilie as follows: " He was young, he was fair, and parted bis hair, like the average beau, in the middle; he was proud, be was bold, but the truth must be told, be played like a fiend on tha fiddle. But, asido from this vice, he was every thing nice, aud his heart was so loving and tender, that he always turned pale when he trod on the tail of the cat lying down by the fender. He clerked iu a store aud the way that he tore off calico, jeui)8 aud brown sheeting, would have tickled a calf and made the brute laugh in the face of a quarterly uieetiug. He cut quite a dash with a darling mustache, which he learned to adore and cherish ; for one girl had said, as she dropped her proud head, that 'twould kill her to see the thing perish. On Sunday he'd search the straight road to the church, unheediug the voice of the scorner ; and demurely he sat, like a your.g tabby cat, with tho saints in the fur amen corner, like a bird, and his sweet voice was heard tugging away ut long metre ; and we speak but the truth when we say that this youth could outsing a hungry mosquito. as by is A Baltimore woman has taken time by the forelock. A few days since she brought to the Register ef Wills iu tliut city a will made by her husband, und which ehe desired to file for Probate.— " When did he die?" inquired tbe sym pathetic clerk to whom the doeumeDt waa handed. " Why, bless you," responded the woman, " he ain't dead yet, but he gave me that," (poiuting to the will) " aud ho drinks a quart of liquor every day, and I guess," ooutinued she, with a laugji, " he'll play out in about three mouths." The officer had no more to say, and quietly filed away tbe will. For the Middletown Transcript. A Reminiscence. Fifty years ago there waa a great deal of intemperance in Middletown and the neighborhood. Many of the young men, as well as of the middle aged and the aged, were given to the intoxicating cop ; and spent their time in daily lounging in the tavern and about the stores. After breakfast, many would ride into tbe village from the country arouud, and while they spent their time to no good purpose in the tavern or elsewhere, their poor horses would stand in the street, in the cold or heat, from morning te night. My heart often pitied the poor brutes, while I felt constrained to blame their more brutish masters. This course of conduct brought many a promising youth to an untimely end, or sowed the seeds of a useless and wretehed life and hopeless death. Among the intemperate men of that day there lived, in a southeast direction from Middletown, a man of family by the name of C—y. Mr. C. was probably about forty years of age, but was far in the road to ruin when I first was introduced to his acquain tance, which occurred in the following way: He had lost a child by death, and I was called upon to preach the funeral sermon. I accordingly went, and on en tering the house he addressed me in some what the fallowing language: " Mr W. I am in affliction, but afflictions are to be expected, and when they come, wo must try to be submissive." While he said this I had a smell of his breath, and judged what kind of man I had to deal with. " Yes," replied I, " the Lord sometimes sends afflictions for our good ; but the most of our afflictions are brought upon us by our own siu aud folly." lie probably understood my hiut, for he said no more, but moved to his seat on the side of the bed. I determined to preach to him as point edly and faithfully as I could. During my discourse I suw a boy ride up to the door, dismount and enter the house with a jug, which I rightfully sup posed contained liquor I was much moved by the boldness of the thing at such a time, but said nothing, determining to see more of the jug before I left the house. After the services were over and the friends had left the house with the corpse, I remained behind for the purpose of hav ing a serious talk with the man. As he did not follow the remains of his child, but remained sitting on tbe side of the bed, I sat down by him and for some time kindly remonstrated with him on tho evil of his course, and exhorted him to forsake his cups and become a sober man and Christian. After talking with him some time, he said, "Mr. W., I will tell you a secret—I urn moonstruck !" " Moou »truck? (said l.) No, sir, you are rum struck ; and if you don't reform, you will soon be death- struck, and, I am sorry to add, /«//-struck." Ho seemed somewhat affected, and I felt encouraged. "Now," said I, "if you intend to reform, as a beginning, bring to me that jug which I saw brought into the house while I was preaching, and let me throw it iuto the street, and then do you determine to drink no more. He tried to escapo by saying that it would be of no use to destroy that as he could send for more. I, however, persisted, aud at length he brought the vessel to inc, aud I walked to the door and threw it as far as I could into the street, and with pleasure saw it demolished and the liquor spilled. After some more talk and prayer with him I left. Not long ufterwards l learned that I had not got far from the house be fore he sent the boy for a fresh supply, aud that he still continued his downward course. I cannot say ho v many weeks or mouths after this it was that I was told that he was very low, and near his end. I went to see him and found him ou his bed with a tumbler of brandy or other liquor on a small stand by his bed-side. I walked up to him and said, " Mr. C. did I not tell you what would be your end if you did not give up the intoxicating cup ; and now I entreat you, for probably the last time, to prepare for death aud eternity ." Hi did uot ask me to pray for him, and I did not offer to do so, but im mediately left. He did not live long ; and it adds to the sorrow for him that many others came to a similar end, with whom I had uo inter course. ; Perhaps the above facts, though having occurred so loug ago, may help forward the good causo of temperance, which I am happy to find is at present engaging the attention of the good people of Middle town. J. W. On Suares. —A good story, and all the better iu being true, is told of one of our citizens,who let a piece of ground to a man on shares. Tho man would hiro the lot, but tbe owner, doubtful of getting any money of tbe tenant, proposed to let it upon the promise of receiving half tho products, Occasionally during th« summer he passed the spot, and was pleased with the culti vution it was receiving, and with its good ly show of vegetables. Harvest time came and passed, and be heard nothing from his tenant, till, in response to a hint, the latter sent to him one watermelon and three shriveled cucumbers. Indignant at this shabby treatment, he called upon the man, and asked him what it meant.— " Why, you see, 'squire," replied the ten ant, "the pesky boys stole all of your | half, but the melon and cucumbers. any THS case of LYNAM vs. the p., w. * b. b tbat r company ' ly Court opened an Thursday morning at who the usual hour. Judges Gilpin, Houston and Wooten on the tteneh. a Mr. Bayard, one of the Railroad coun sei, continued his argument in favor of a they non-suit of the plaintiff, on the following grounds : lst. The plaintiff has failed to show the took injury was occasioned without fault on her was own part or of those persons with whom as she was in the carriage at the time ; and the that the injury was not occasioned by the act of the plaintiff or of thoso persons with the whom she was travelling. 2d. That to entitle the plaintiff to re cover in this action the negligenco of the defendant must not only be proven but it must be shown to be an nnmixed case, in wliich the plaintiff is wholly froe front con tribation and the defendant wholly to blame. 3d. That by the plaintiff's own evi- for dene, uncontradicted, the neglegcuce of and the plaintiff is self-evident and palpable, tho and this faot not being ih doubt the Court must apply the law which forbids a ro covery in such eases. 4th. That negligonee on the part of ty plaintiff cannot be qualified or relieved by negligence on the part of the defendant 5th. That the state of facts established we by the plaintiff s evidence exhibits an absence of that prudence and precaution in crossing a railroad track at night, of that cure, diligence foresight in proportion the to the danger to be atoiiled which the law requires, which considerations of public right and public safety require, which the safety of the innocent passengers upon the trains requires, which the legal right of the defendants to usa and occupy their own track at all times, and hours without this interruption requires and therefore no re covery can be had in this action. Gth. 1 hat by the state of facts establish ed by the plaintiff's evidence the plaintiff necessartly could by the exercise of com mon precaution—of stopping, looking and P 1 listening —have ascertained that the traiu P was approaching in time to avoid the col- f luion, and not having done so, is not free from fault anil canuot recover. 7th. That the degree of diligence and h precaution required by law of the plaintiff , in crossing the railroad track was not ; qualified or lesseued by tho fact that the j ' train was behind time. T S'il- the mistake of the plaintiff P 1 111 believing or supposing the train had j passed—and her action upon that erron- j <ho eoufl belief in driving upon the railroad j " ack having caused or contributed to the j vv injury, she cannot recover in this action. I ütli. 1 hut the mere fact of the train be- ! an w nit u ! ^ r !? ?» on ed NEW CASTLE COUNTY COURT. ; I I r rt in g behind time is not evidence of ueçli tlie part of the defendant. gence 10th The collision having taken place on the railway track of the defendant the onus of proof is on the plaiutiff to rebut the presumption of negligence on her own part and prove negligence on the part of the defendant and huviug failed she cannot recover. to both 11th. That there is no proof of negli gence on the part of the defendant and therefore the plaintiff cannot recover. Mr Bayard reviewed the testimony some length and cited numerous casus in New York, Pennsylvania and Massachu setts report» to show that the plaintiff had not exercised tho caution demanded by law in not slipping t© listeu for the train. The very fact of not stopping he claimed debarred the plaintiff from recovering and entitled the liailruud Company to a non suit. it by It fer It a tie by At 1.15 P M., Mr. Bayard closed his argument and Court adjourned uutil 3 P. M. a AFTERNOON SESSION. The court met at the appointed hour and Mr. Bird commenced his argument for tho plaintiffs. After reviewing the testimony be proceeded to examine the cases cited by the counsel who proceeded him and denied that any of them held opinions predicated upon a State of facts similar to the one under consideration He claimed there the length of compelling a man to stop and look for a train at a crossing where a clear view for two miles could be seen from the road. He then cited extensively from many law cases to prove that a slight degree of negligence on the part of one person will not excuse the liability of an other party grossly negligent. lie denied any contribution on the part of the plaintiff towards the injury and claimed that it was due to the company's owu neglect in not having a headlight and signalling. Mr. Bird continued until 5/, when he was interrupted by the adjourn ment of Court uutil Friday morning. FRIDAY. to no case that weut u For nine miles they came thundering After the general calling of the jury, Mr. Bird proceeded with his argument, citing numerous eases which be contended uot only established the principle; he claimed that only ordinary precautiou was necessary, but that the company was bound to neglect no signal and that he was uot ceuipelled to presume danger, After speaking at some length he clos cd by exhorting the Court uot, in the first case in which this question has come for adjudication in this State, to say the plaiutiff in his suit shall be thrown out of (^ourt because they did not stop aud listen at or got ont and see if danger was near, when they had looked with every opportunity of seeing the train if it had had the proper signal on its front. It was the negligence | of this company that caused this accident, down that road that dark night without any head-light, the darkness so intense tbat tbe engineer, at the time of the acei dent, could not see what he struck, utter ly reckless of the lives not only of these who might bo in their way, but of those whom he carried, and yet they never blew a whistle but once. For years they bad signalled with their whistles; for years they bad never failed to have a head-light, These people relied on these; and the presence of that lantern which they mis took for a light in Cousin Dal's house, was this night to these unfortunate people as the false wreckers' light placed upon the shore, which lures sailors to destruc tion. If the Court settles this doctrine as the defendants wish, it should not bo now when this company comes into the Court with hands smenrod with negligence, but with clean hands At 12 55 Mr. Bird concluded. Mr. Gordon for the railroad company commenced his argument. Hu started by referring to the relations borne by Mr. Ly nam to this railroad company responsible for the safe delivery, absolutely of freight and nearly so of passengers and asked that tho Court should award them proteetion commensurate to their responsibilities.— The question in this case is divided iuto First. Have the defendents been guil ty of any culpable negligence for which they aro liable? Second. Presuming negligence (which we do not admit) does the fact that the plaintiff did not stop the carriage and make vigilant use of their senses on this occasion constitute only evidence of negligence for the jury, or does it constitute negligence perte for the Court? Th« counsel pro eeoded to argue from the evidence that the train when they arrived near the crossing must have been in such close proximity that the mast ordinary persons using cau tion could not have failed to hear it. At this point of the argument the Court ad journed until 3 p, m. «vtcuvoon svssiov it- n ' Ir - Gordon resumed his argument Ho proceeded to discuss the failure of the P 1 *""' 0 '® ''jolt f °r dan K er at t . he P r 0 P er P 01,lt - " nd ola " u * d * d 'H«rence tu law be f ween look and a vigilance in look "'S. «hieb here was not exorcised. llte same may be said of the hearing. God h *® f. ,v *. n ui . ,llcfiL ' ,P 88 P f. f° ,P rot8ct us - , aud lhe law ,n eases like this is to oxer ; 118 lolu 8 J- . " s ' , *" n * 0,1 1 0 j ' ,U| ' 1 .' n !', - a jnry. iu 10111 ,o very T rb ? ' T?!/ ^ P 1 ® 'k® the plaintiff, but for he sake of j j ie thousands of people who travel upon ( j <ho railroads of this enuntry. At a '»•>>( j " J ,uu a ,f. ,lU 8 e '1 In ? ( ' ® ari * * n< *' e 1 j vv u • * ™ 'J 1 » 0 ' e1 ' 1 ic ,ar * rozen rou , j I IUS,C * t0 J' iat w,ls Bc ' ar Jf £ at 1 ! u u*y soppe one inomen , tie - 001,1 an rum ll, £° 10 wou ' struck upon their cars and they would iuve eon s.i u. oui proposition, t ion, w ! a "', tber * C0 J uld be no clearer case m pMiw o ac s «1 v.incci . ie counse e nit t u c\cn iu L '*' e ,een n* c0 « kl j i u or) mg igence, sti 10 * c * 01 18 case d" not prove any culpability. 1 bos® | peiip ** ci , 1 ^ a °. r .. ", cl î y t ns ! ^ on, pa l) y jis mvi r ui < in carrying a t.e.iu ig i . ,,c ' j ie c * 0 um . an I thought can it be believed that ono in- j r a . l,ee V. al "*? dcvo n ^! , ^ nee • !? but fa,r t! . ns ® orapaDjr luf ? r n ,° Deg * iguice. - ß ain * * ,e v * r y 4 a J) an< - , ca f?. ?» u up« n \ ic counse or p aiuti pio e, that the failure of this !ady to stop and listeu is uegligenco pvr se. Tho counsol hero road aud commented on this case at some length, and conclud ed at 4 p m by expressing his utmost i confideucc that tho Court would treat this ! grave question iu the manner it deserved. The opinion of the Court was delivered i by .Judge Gilpin substantially as follows: j It is with great reluctance always that j the Court interferes to prevent a ease from going to the jury on its merits. Wo pre- ; fer to have tho jury try tho case and toi charge the jury as to their proper duty. ! It is our duty, however,wheu called upon, ' bother a case when presented by ! a plaiutiff, in the absence ef proof by a defendant, is prima facie such as te euti- ; tie to a verdict ; where a case made out! by plaintiff is such that in law he could not recover, it is the duty of tho Court, where ! to say u nun suit is asked to award one and bold the case from the jury. We do not pro pose to go iuto a very elaborate review of the testimony, and I »hall therefore be very brief iu statiug the priuciples. This 16 not the case of a plaintiff who is a passenger who sustaiuud an injury. In the case of injury to a passenger, tho defendant must show use of the utmost diligtuce and cau tion to prevent ascideut. An extra bur den ia thrown on tho defendant iu that case aud I think it is a proper responsiV.il- i ity. The rule with regard to travellers is very different. They stand on equal terms aud aro both hound to uso ordinary cau tion—the railroad to no greater exteut than the traveller Both aro put upon a diligent use of their faculties. In this case, according to the statement of two of the parties, Mrs. Lynum with them left Wilmington about G p. m. to go to J. R. LynaiuV They did not travel rapidly, it was dark, tho horso smooth shod, the roads frozen, and they went on in a slow trot, aud at 7 o'clock arrived at the junc tion of the Newport pike with the lan«.— When they had passed down two-thirds of the lane, two curtains dowu and one upon each side, and the front seat pushed back, and they sitting in the line of the lowered curtains, one or more of them leaned for ward and looked up and down tho rail road and remarked about a light in cousin Dal's house. This was two-thirds down towards the railroad and some hundreds of feet distant. They kept right on at a trot; there is no evideuue that they looked ont after, and we are bound to presume they did not ; they kept on until they get on the track and were struck. Such are the facts. It is manifest they relied principally upon seeing the headlight; it waa usual for them to aee one and its absence led them to the conclusion that no tram was near; it is also nearly as manifest that the light they thought they saw at Cousin Dal's was the lantern in front of the loco motive ; we know trains are liable to ae cidents, but they must make thoir trips ; trains run other than passenger trains and that by day or night, as best suits their convenience. It would be a dangerous rule to announce that persons should rog ulate their conduct according to the time tables of the road. It would be equally dangerous to say that people should place any reliance upon the absence or presence of a headlight. If there had been a head light that night.it is true the accident might have been avoided, but there are other circumstances which might show the dangerousness of relying upon seeing the headlight. In our judgment, as there is no statute in this State requiring rail road companies to carry a headlight in frout of the engine, it is not per te negli genco to omit to do se, although it might be imprudent. Assuming, however, that the railroad was guilty of negligence, still the question romains, is this plaintiff onti tied to recover? They looked out when some hundreds of feet from the railroad, and did uot look out ofterwards. It was cold and dark, with frozen ground, the noise of horse hoofs deadened theirhear ing, and they were also muffled up. Did the defendant use caution? Let mo cite the general rule of law, as drawn from a numerous body of cases, One who is injured by another cannot recover in law or equity, if by any acts of himself or agent he contributed to the in jury, by doittg that which helped to pro ducc 'he injurious act. Did the plaintiff in this case by any act of omission or coin contribute t» the complained in . , lf ?ho d ; d in eur sbc is not entitled to recover To recover, her ac(ion niU8t be w j tbou t fault. If she con tr ; bn|cd „ny degree she cannot recover, f>id she consider the circumstances ? He nlemb ,, r sbe a considerable distance eff - tho railroad. Suppose she hod got over (hat distance to ,| le track where there was 0 ample room to stand, and had looked out, wou | d they not have displayed more cau li ®» """> b i' looking at * b ® other j pojnt a]nne y If they had paused at the ( mou(|l (if , hc lsne but on / j natant) lb ,. n tl , ere would have been no cullisioa. What I e 1 were the dictates of prudence and common | , j sen8(lt on a d ar ]; night, approaching a ; railroad they intended to cross? They ! a cou |j no t have avoided seeing the cars I pass had they stopped, as they would have î hot pa9t then in two seconds time. Can ! t i,j g (j ourt fea y t j )at although they failed fo u§c thjs p 4 oautiollt y et 6 t hcy used all due precaution? It is in vain to tell us i that the east wind carried away the noise of the traiu thuudering along at the rate | of 05 mlei a(1 hour . It was the rattling () f carriage that prevented them from a | jear i n j, jt. Cau we say, now, iu view of I these facts, which stand undisputed, that j thi s plaintiff has a legal right to recover ? We tUiuk not, and grant the motion fora * non suit. Mr. llird declined to receive a non suit, au j ^ instructed tho jury to re turQ a verdict for the defendant The i _ . . . . ,. ! 1 at ha ™'* 8en J b - v h,a nîastor \° the postoffice after the letters, was asked, on his return : it a i 1 plaintiff will take the ca<e up to the Court uf Errors aud Appeals an a writ of error, j i j j ; toi ! ' .. n , „ , ! ''\ ou told !" u , tu 6° 0«®« , a " d a what waa .J" tl >« bo *. and ba » et " I ; 8 l irc * . . 1 iad t0 S° }>*& a ß n '"' , b « k »natter "'S aa wc '' 1 ' that !' e w,sbed , H , on , or ! woub ^." bc ■ a ^ lcr niauing what he said the next time. "Well, Pat, what was there for me?" "Two letters and a paper, sir." "Well, hand them to me;—what are you standing there for?" "Indade, sir, and you didn't tell me to bring them, at ull !" "What did you go to the offico for?" of of P ear,n g . 0 ( tadpole, where is the floating ga zpll ° • where is u.y love now dreaming ?" I' 1 ' 1 " 8 feu,,lfid t0 '" dl ® ale tbat «®"ie'l>tng i waä wan,ed ' 89 be P laeed b ' 3 band sadl y is on ,he >' oun ß '" a "' s "•'«"Id". 8 '®wsd awa y a ,ar P e a "»> ant of >® alb ®>- u ad «'' b ' 8 cnat a " d 1,,eu re,ired 18,0 ,he bouse ' ri '° y 0 ""®' man d®® 8 "' 1 6° ,lier « an >' a more : Ile 8a y s ,he B " all -P ox 18 heredt * al y * n ^ be f am 'ly of it of of Don't Go There. —The Danbury News says : One of our young men has ceased to make culls at a certaiu house. It ap pears that he went the other night from an oyster supper, and on her father ap at the door observed: "Hal An old Scotch lady had an evening par ty whure a young man was present who was about te leave for an appointment in China. As he was exceedingly extrava gant in his conversation about himself, the old lady said when bc was leaving : "Tak' gude care e' yoursel' when yo are awa ; for, mind yc, they cut puppies in Chcua." "Father," said a cobbler's lad as he was pegging away at an old shoe, "they say thut trout bite good now." "Well, well," replied tho old gentleman, "yon stick to your wurk aud they won't bite you." A Solomon—T he following storv come* from Irelaud: Two men had a quarrel in a liquor shop. They adjourned outside to settle the dispute. The first man, being from Connaught, immediately seized a lump of stone and lot fly at the head of his opponent, who dipped his head and missed the stone, which went through expensive plate glass window, and did much damage. A magistrate was called upon next morning to determine which of the two should pay the cost. The evi deuce clearly shewed that the aim was a good one. and that if the second man had not dipped his head lie would have been struck. "Therefore," said the magistrat*, "he must pny the damages, ai it is certain the first man didn't intend to injure th. window, and the window would not havo been injured if it had uot been for the not of the second man." Very Romantic, but Too Soon. There if a young lady in this city who bas tbe misfortune to talk iu ber sleep,and it ia said she will answer uneoneciouelj the questions which are secret! in ber waking hours. She is waited upon by * timid young man who baa never been able to aorew bis courage up to tbe " sticking plaee"andask ber to marry him. Ha went up one night last week end entering the front door, es waa his habit, without ringing tbe bell, he saw bia dulcinea asleep on tbe parlor sofa. Hu hesitated a moment over the propriety af advancing without announcing himself, when he heard his own name softly expressed from betwcon thoso coral lips, the pent-up burden of his heart broke out iu words : " Dearest, do you love me?" " Yes," was tho soft response from tbe elseper. " Will you marry me?" " Yes." " Shall it te in a year ?" " Any time." " Let it be in six months ?" There was a moment's sileDCe and ana penso, when the lips again moved and the young man heard distinctly the little word "May." He stepped eautiously bask and glided quietly from the house. He has been up every night since, but bas not re ferred to the conversation with the sleeper. May is a very pleasant mouth, but the time is rather toe soon for the young man. —Helena (Mont.) Herald. m mediately A Pisoustkd Darkey. —A short time since a colored man eutered the office of the clerk of the county court, and advanc ing to a table where the deputy clerk was busily engaged, he produced a marriage license for which he had paid the legal feo a few days before. "Boss," said he, pokiug the license un der the nose of the absorbed deputy. "What is it?" was the impatient queg tion. "Boss," continued the darkey, "deltdy declines dis document, and I fotcli it to get de money back." It was a little consoling to to be told soiuo went further the darkey ami fared worse, but when assured his money could not be returned, he turned indignantly on his double-soled pumps »nd muttered ae lie made his exit, "Everybody's done gone back on dis document." no Tbcre a busb Mory ho. negro for a bottle of rum, agreed to strip to tho waist and lie on his face, to be bitten a quarter of au hour by mosquitoes, at the Joggins of Nejv Brunswick. He endured his pests manfully, aud had nearly won his prize, wheu one of the lumbermen wh© stood by laid on him a piece of live char coal, when the negro wriggled and twist ed about frightfully. At Inst, unable to hold out any longer, he jumped up, call ing out, "Wooh ! not bargaiu for dat ; dut is dragon-fly !" h*r " I like you," sighed a girl to her sui tor ; " but I can't leave home. 1 am a widow's only child. No husbaud cau equal my mother in kinduess." " She is kind," pleaded the wooer; " but be my wife; we will live together, and see if I dou't beat your mother." Soliloquy by an old toper : " They say whiskey is a curse. And they say brandy is a curse. And they say tobacco is another curse. Well, I wish all those curses would come home to roost, and low at that, so as l could pull 'em dowu whou cver I wanted 'em." An Irishman remarked to a companion, on observing a lady pass, " Pat, did you ever see so thin a woman as that before?" "Thin!" replied the other; " bothera shun ! I've seen one as thin as two of her put together, I have." " Have the jury agreed ? " asked a judge of a court attache, whom he had met on the stairs with a bucket in bis band. " Yes," replied Patrick, " they bava agreed to send out for half a gallon." An old clergyman spying a boy creep ing through a fence exclaimed: "What! crawling through a feuce !—like a young hog." " Yes," retorted the boy, "and old hegs go along the street." You had belter be poisoned in your blood than your principles.