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Daily Ohio statesman. (Columbus, Ohio) 1855-1870, January 16, 1869, Image 3

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'gr Yesterday was a nasty," dlsagreea-bleday,-very
suge;patiTof gnlcide.
Smiths' Free uuncert Saloon, corner
of Town and Feari streets, will open to-
rsp- "Red Morgan," who broke jail at
Zmesville a few davs ao, wascapturea oy
Captain Coffroth at the Varieties last nignr.
V& Bv the advertisement it will be seen
that Louise Pavne Wray has assumed me
sole management of the State Street Thea-
TW The rain storm prevailing all day
yesterday, got sadly mixed up with a snow
storm last night. When we wens w ireu
the snow still had a little the best of It.
ARurvED. Miss Clara ixuise. na iugx
and the other musical ceteDnnes an-
nounced to assist her, arrivea lass mgu
j ..... Voll YTftnoP. .
and are at the Nell House.
Admitted to thk Bar. Abraham A.
Underwood of Bucyrus, W. D. Tyler, ol
Sandusky, and Geo. W. Meeker, of Colum
bus, were on yesterday admitted by the
Supreme Court to the practice of law in all
the courts of this State.. - , . .
Hurrah for John ! John Fech, so long
barkeeper with George Smith, on South
High street, has purchased Valentine uet-
TVnnt street, where
blDUluivi a ouiuv - -- - ' m
he hopes to see all who love a good glass of
Ktr. oreiu"- . -
Cathollo Fair In Lionaon lass wees, u.
- . . I
announced that among otner lucsy one
J imes Cooney. one of the trustees of this
township, dw. a oona
" . . i
woon ioroniuscji i"""' "-'v
$2 000 for the society. . - - . :.
. Incorporated. In accordance with the
pravera of a majority of ita cltistens, and
- i".. .Mi.iinirWn
the necessary plat and papers having been
filed with the Secretary ol State, the vll-
lage Ol UUruanK, YfByne cuuuiijr, woo vii
villages of this State.
Sptviiis. ve lolly local of the Statesman,
was in town last Saturday. He came over
to see if he could not have his tax raised.
Pimm Dtmnrrat. ' ' T.-
Co-rect. As we coald'nt raise n oure,
we thoueht as Piqua has raised her taxes
higher than any other town in tne ouiie,
she might give ns a hist. ;
-Axothek i Hdu8-BRKAKiNa. The resl-
riAnon of Mr. Henderson, on tne nortn siae
of North street, between Front and High,
was entered by burglars yesterday morn-
inir earl v. The noise the rascals maae
kpned 'Ttfr;" Henderson, who collared
one of them In the hall of the house, but
the' rouge proving to be the better man,
got way before assistance couia reacn ju.r.
H. Eemember our remedy lorDurgiars
bolts and pistols
' Christian Convention. The Attorney
General, seventeen members of the Gen-
eral Assembly, and nine of the CoIumba3
ministers, have united in Issuing the foi-
lowing call: ' '
; "We, the undersigned, unite In inviting 1
the mends ol uoa ana our muuwy w
meet hi convention, in the city of Colum
bus, Ohio, on Tuesday, the 2d day of J) eb
rnary next, at 2 P. M for the purpose of
considering the claims of God' and the
Christian religion, on our State and na
tion." T . .. . . . -. -.::
A Dead Beat. Some swindler, calling
himself J. A. , Nichols, pretending to be a
printer working in the Statesman oflSce,
has been paying his board bills by giving
orders on this office. We would say for
the benefit of the public, that there has
been no printer of that name working in
this office for years. Besides this, the
Statesman pays Its employes promptly
each week, and orders on the office are
therefore not necessary." ;
Vaqs Depot Officer Fix on Thursday
night arrested Frank Worley,' George De
lany, Charles Schull and Adam Martin as
vagrants. They were operating and mov
ing round the depot in a most suspicious
manner, and when arrested refused to give
any account of themselves.. They are about
aa hard a looking lot as ever our two Chris
tian eyes rested on. The Mayor sent them
to the stone pile, in default of $5 and costs
each. v -
Broke Out of the Calaboose. Two
men were arrested by Officer Naddy about
10 o'clock on Thursday night and confined
in the calaboose The iron cells being full,
they were locked np in one of the wooden
ones. Before midnight tney wrencnea an
iron stanchion from nnder the bench in the
Cill, with It pried off the cell door, and
broke' open-' the bck door, making their
escape over the fence. There is but little
doubt but that these are two of the band of
burglars now infesting our town.
Temperance Council Department In
stituted. The- Select Templars of this
city, through the proper officers, instituted
Council Department, on Wednesday
evening, Jan. 13, to be known as Wads-
worth Council. No. 4. of the Templars of
Honor and Temperance, and elected the fol-
,. tt r, T., r Afthr
lowing Officers: H. P. Judd, C. Of the C J
F. P. Brodbeck, S. of the C; W, F. Po-
land, J. of the C.;'H. S. Eockey, B.; N.B.
Smith, T.; John Strickler, M. of theC;
B. E. Styles, D. M.i J. S. Brake, Ch. of
theC: John Bristol, P.: K B. Batter-
son, W.
Police Court. Frank Mitchell was
again before the Mayor yesterday. He
was fined $1 and costs on Wednesday for
being drunk and then called himself Dan.
My tchelL Getting off so easy that day, be
tbonght be would take another tilt at the
ordinances. This time the Mayor required
a deposit of $5 and costs. As he couldn't
pay the bill, he ham mere th.
George Edwins took a real nlce,pleasant
plain drunk in his'n. He was lined $1 and
costs. Having spent all his 6tamps for beer
he bamnieretb. - .
Another Burglary. The store of M' .
Thompson, on the south side of Broad
street, between Front and Hlb, was visit
ed by burglars yesterday morning at an
early hour and robbed of about two dollars,
naturalization papers, discharges from the
army, and other papers. The chaps who
are committing these crimes, will go it
just once too often. They will run it as
Price, Tommy Hart,- and that, party did
until the police will "block Hawkshaw's
little game," and they will all land in the
Filed Yesterday. The following cer
tificates of incorporation were filed with
the Secretary of State yesterday : , .
Of the Pickaway Building and Loan As
ocatlon, organized lor the purpose of rais
ing funds to be loaned among its members.
Principal office in Circle v 11 le, Pickaway
county. Capital stock, $300,000, in shares
200 each.- Samuel W. Courtrlght, C. F.
KrJmmeL Win. Van Heyde, D. M. Patten
and A. T. Walling are the corporators.
Of the Cincinnati '-Home Washer" Manu
facturing Company, organized for the pur
pose , of manufacturing and sale of ma
chines made from wood, iron and other ma
tedahj. Principal offioe in Cincinnati. Cap
ital stock, $50,000, in shares of $1C0 each.
T. J. Cochran, R. M". Newport, J. B. Carter,
C. B. Beach and Joseph E. Wood axe the
corpoiators. ' 4 ;". v in
Thk Public Schools Agaih. We have
received the following communication
from the editor of the Westbote, to which
we cheerfully give place. It will be seen
that although he is a member of the
School Board, and has full and free access to
I tne books, papers and resulations of the
Board all of which, of course, we have
not it has taken "dilligent investigation"
on bis part to attempt to disprove our
statement The facts as we save them,
were notorious, and have been the town
talk.. We have never claimed that the
I teachers were responsible for any of the
wrongs complained ol. We go higher,
and lay them to the Board of Education
ana tne supcrintenaenc.
It will be seen that the writer, while
virtually admitting all we said except as
to Mr. Klrkwoood lets himself down as
easily as possible.
The discussion of this Question has al-
reaay peen productive of good. We know
of children now being permitted to warm
themselves at the registers to whom last
u - nr . i L .
week it was forbidden. We have not writ
ten a line in any captious or iault-finding
spirit, but only to have alleged abuses in
quired into and corrected. That this has
been done within the past week, we know,
and are pleased to put it on record.
COLUMBUS, Jan. 15, 1869.
answer to the
"fancies" of your Local, permit -me to state
the following ftcts which appear alter a
1st. For many years past, at least twelve.
J J - r- - wv v v.
teachers have been required to be at their
minutes before the resrular tlma for nnnn
ing the schools In the forenoon' and after-
-.aah . n s-i In man W AA
ep to open at that time for the admUsinn
rj i a uu a tj voov va
or the pupils. the 14th day of Janua
ry, lbGs, this rule was so changed as to re
Vn houVfre the te or bnXg
nntra ttannra m nava haii v-vrv a aha
scnooi irom JN0V. 1st to April 1st, and flf-
teen minutes before such time during the
irestot toe year, xne teacners nave been
and are faithfully complying with this
rule. - . ........ .. "
zj. jrupiia iu aii ine scnoois are ana nave
. ,.., tuomao,0 . fha
stoves and registers. In but one school
ncic uf;iio iciuiku buio );iiviickC biiu biiab
tl.e'Superintendent ; had it been, it would
have been changed at once.
3. In some cases pupils who come quite
a distance and bring their dinner, remain
in their respective school rooms with the
key in their possession, and mar lock the
door on the inside. In some buildings,
when teachers remain during the noon re
cess, the outside doors are locked, the kevs
remaining in the doors or with the teacup.
ers or janitor within the buildins. No du
pits are locked up in the school room 3 or
denied-proper and necessary ingress or
4th. Mr. Mitchell did not resign at the
close of the last school year on account of
tnsutnulent salary, but to accept an ap
pointment from the Executive Committee
or tne state Teachers' Association, as was
fully stated in his resignation. Mr. Kirk-
wood did hot decline the appointment of
Saperintendent of the Columbus schools
on the ground of small salary
By the way, we submit the following
eonundrum to" the Westbote: Why did
Mr. Kirkwood refuse to accept?
Grand and Pbtit Jurors C Loewen
8tein, Clerk of the Court of Common Pleas,
has our thanks for . the following list of
grand and petit jurors for the next term
the Court of Common Pleas, to com-
mence in this citv on the lSth dav of Fb-
ruary, 1869 :
W. W. Hall, Pleasant township.
James H. Staurlng, Montgomery.
J. P. Frazell, Washington.
E. B. Decker, Madison. ,
Frederick Sorg, Montgomery.
wunam uampoeu. nam.
George Weyganc Jackson.
George Bowman, Montgomery.
jonn ianoes, Jackson.
J. P. Little, Clinton.
Conrad Koelar, Norwich.
B. W.Reese, Montgomery.
A. J.Agler, Mifflin. .
Samuel Galbraith, Perry.
George Kientz, Montgomery
Horatio Wright, Sharon township.
Seymour Hunter, Norwich.
Patterson Harrison, Hamilton.
M. V. B. Peterman. Montgomery.
Frederick Beck, sen., "
Windsor Atchinson. Clinton.
M. K. Earhart, Madison.
Simon Tompkins, Montgomery. "s
W. H. Steward. "
James Trimble. "
J. P. Brnck, - "
Smith Postle, Pralrle."
Thk Concert To-Night. To-night we
are to hear the great Kellogg and the com"
pany of excellent artists associated with
ber. ;t That the audience will be very large
and most fashionable, no one who has seen
the box sheet can for a moment doubt,
The Cleveland Herald, speaking of the late
concert in that city, says : ' ; ' :
The reception of Miss Kellogg last even
ing was nothing short of an ovation, that
was no less flattering to the lady than to
the good taste of the public. It was a
warm and heartfelt welcome to a brilliant
and beautiful ch id of song. Although a
Stranger to most In the audience, ber lame
bad preceded her. Her triumphs in the
lands of music across the ocean were known '
to all Americans. Her personal appear-
ance is extremely preposesstng. Her fea
tures are regular, her manner Irresistible,
and in all there is a modest womanly bear
ing that is charming. She did not appear ,
last evening 'until after a dnet from
"Martha," by Slgnor Lottl and Signor
Petrelli, and a violin solo by Herr
Pta- Although both these portions of
too. programme of the evening were well
rendered and enthusiast!! receiver!.
there was a nervious anxiety manifested
for the appearance of the ''bright particu-
'XJ- Prm?n ".,?S
wwchv e her at! ne opoortunitv of d s-
playing all the leading Qualities of her
voice. Her execution was faultlessly cor
rect, and every tone was clear, liquid and
melodious. There was no apparent effort
In the most difficult portions of the vocal
ization, one seemed to sing as tne birds
sing, because she could not prevent the
sounds from coming forth in all their purity
ana iiquia sweetness, tone was enthusias
tically encored and responded.
The State and the Old Trust Com
pany. At the late term of the Common
Pleas, the case of the State v. James P.Ktt
breth, trustee of the Ohio Life Insurance and
Trust Company, was decided. It was a case
brought in 1801, by the then Attorney
General Murray, under a joint resolution
of the General Assembly, to determine the
rights of the parties arising upon accounts
between them running from May 1st, 1856,
to August 24th, 1857. The State claimed a
balance of $13,560.23, with interest, and
the defendent claimed a balance of $153,-
547.19, with interest. On the trial the court
found the balance due to the defendent to
be $79,533.81. In 1857 the treasury inves
tigating committeee, consisting of A. P.
Edgenon, Charles Bemelin and William
D. Morgan, examined into the accounts '
between the Statoand the Trust Company
and found a sum fa favor of the Company,
which, with the interest added, would ex-,
ceed the amount of the Judgment obtained
by the trustee. , " ; ;
Dissolution ' of Partnership New
Firm. By the notice in another column Is
will be seen that the firm of George F.
O'Harra & Co. has been dissolved, and the
new firm of John B.Siddall & Co. formed.
The companies represented by the new
firm are some of the best in the country.
The-Imperial of London, England, was
first established in 1806, and is deemed one
of the most reliable companies in Great
Britain. The Cleveland, of Cleveland, has
just increased its capital to $500,000, giving
It the largest paid np capital of any com
pany in Ohio. The other companies are
too well known to need mention from us.
Wo commend the new firm to our business
inen. ' -
Resolutions of Respect.
January 12, 1869.
' Whereas. It has pleased the Supreme
Ruler and Disposer ot events to remove
from amongst us, by death, onr esteemed
Brother, Jacob Sllbernagel, who was long
a member ot our Society, and for bis np
right and honorable walk through lite,
and his usefulness as a citizen, universally
esteemed and bi-loved, we the members
of Mechanics' Beneficial Society of the
city of Columbus, feel It our duty to mani
fest, on this occasion, In the usual forms of
our Society, our veneration lor bis charac
ter, believing that a proper respect for the
memory of worthy men after death is the
duty ol the living,, and while It soothes the
feelings of bereaved friends, is the best
method ol encouraging an to tne imitation
or their virtues; therefore.
Resolved by the Mechanics' Beneficial So
ciety of the Vi y of Columbus, That in the
death of our departed Brother, Silberna-
gel, we feel that a useful and valuable cit
izen has been removed from among us.
Besolved, That a a Society, anxious for
the happiness of the community we live
in, and interested in its prosperity, we
feel it'our duty to recommend the example
ot bis moderation, integrity. Industry and
piety to our fellow citizens around us.
and to Imitate it ourselves.
Resolvd, That we will retain a grateful
recollection of his worth and virtues, and
that in his useful life and in bis death,
soothed and comforted as it was
by relleioi.8 consolation, he was
Brother worthy to be imitated in his
whole character both as a citizen and a
- On motion the above preamble and res'
olutions were directed to be handed to the
clergyman, with a request that they be
read at the close of the funeral sermon.
On motion It was
Jtesolved, That the secretary . turnlah a
copy of these preambles and resolutions to
the widow of the deceased, and to tne press
J. P. BRUCK, Sec'y.
do hereby certify that the foregoing is
a true co- y ot the proceedings had by Me
chanics' Beneficial Society.
O. P. HINES, Pres't.
Transferred Yesterday. The follow
ing transfers of real estate were left at the
Recorder's office yesterday : '
B. E. Smith and wife to J. F. Bartlit,
January 15th, quitclaim to undivided one
half of lots Nos. 24,-25, 26, 27, 2S. 29, 30 and
31 of Brecourt, Smith '& Conover's addi
tion to the city of Columbus, for $2,000.
Wm. Jamison and wife to Asa L. Par
ker, January 14tb, part of lot No. 11, of
Jamison's subdivision of outlot No. 66, in
the city of Columbus, for $450.
David B. Latimer and wife to Isaac Ham
ilton, January 13th, 55 acres of land in
Brown township, for $1 600. -:
Adam Gerbardt and wife to Jacob Ger-
hardt, January 15th, qiiitclaiir to part of
inlot No. 70, in the city of Columbus, for
$1 00. ,
Jacob Gerbardt and wife to Andrew Ger-
hardt, January loth, quitclaim to part of
Inlot No. 70, in the city of Columbus, for
$100: -:-" ' -
Petty Thieving. A fellow named
Keifer Gerbeart, who was formerly the
chief engineer of a High street snake
show, was arrested on Thursday night for
stealing a padlock from T.J. Hopper's cel
lar door. - Mr. Hopper has for a long time
suspected Gei heart of picking up little
things, and this time set a watch on hlra,
resulting In his capture as above stated.
The Mayor asked Gerbeart w.iy he com
mitted this little theft. He replied that he
was driven to it by hunger. "Why," said
Hopper, haven't I always given you to eat,
when you asked for it? " "Yes," was the
answer, " but I didn't like to ride a free
horse to death, so I stole the lock." 'The
Mayor thought the joke of stealing from a
man because be gave freely when asked,
was so good, he fined Gerheart $5 and
costs, and in default sent him to the stone
pile. '
County Commissioners' Meeting. At a
meeting of the County Commissioners held
Thursday afternoon; Messrs. Edwards
and Lisle being present, the bill of Walsh &
Murphy, by a decree of Court for judge
ment against the County Commissioners
for building a part of the Pleasant town
ship free turnpike,for $1193, and. J. B.
Miller, for $2, were allowed. It was,
Ordered, That an order be drawn on the
treasury in favor of James Reed for $75.
account of buldiug a bridge near Worth-
Ordered. That Patrick O'Learv be allow
the sum ef $20, on account of plastering
Court House.
The bill of John Geary & Son, $35, and of
Loewensteia, costs, $50 95, were allowed.
Attempted Burglary.--The residence
Mr. Pope, on Front street, was visited
by burglars on Thursday night, but they
were frightened off before making a raise.
They attempted to gain an entrance by the
front door, but a bolt on it defied their ef
forts. They then tried the rear door. As
this was secured with a lock only it did not
take them long to force it, and'they got in.
The noise they made awakened Mr. Pope
and he came down stairs just as the bur?
giars got Into the kitchen, but the noise he
made In opening a middle door frightened
them off. This is the second time Mr. Pope
his had the honor of this sort of company.
Nothing like bolts and pistols. . t ...
Passing Counterfeit Money. Deputy
U.S. Marshal McCabe 'arrested two men
named Daniel O'Brien and F. C. Stevens,
for passing counterfeit United States postal
currency. . They had issued a large quan
tity of twenty-five cent notes in Llthopi-
lls, Groveport, at Pinney's saloon and . at
Marzetti's in this city. The parties arrest
ed are both New York ' men. They gave
bail in the sum ot $600 each for their ap
pearance before U. S. Commissioner Chit
tenden on next Monday afternoon at two
If yon want to save money in buying
your boots anoSshoes, go toSbawer & Bro.
62 North High street. janl6-2s
The Only Cheap Boots and Shoes to I e
found in the city are at Cloud & Go's , new
Deshler Building, opposite the Statesman
office. Good goods and low prices are the
order there.
Shawer & Bko. have just opened a veiy
large and new block of Boots and Shoes,
which they are selling cheaper than the
cheapest at 62 North High Street.
"Barrett's" Successful Hair Bestora
tive." tW The mortgagees of the Olentangy
Park Association are. requested to call at
my office and receive balance due them in
janl4 tf Bichabd Nevtns, Vice Pres't. .
"Barrett's" is unsurpassed.
Fresh Arrivals of Boots and Shoes.
of best material and workmanship, at poor
men's prices, at Cloud & Co's, new Deshler
Building, opposite the Statesman office.
"Barrett's" is warranted.
The highest price paid for Gold, Silver
and ' Coupons at the Commercial Bank,,
south-east corner High and Long streets.
janl5-2t- -
Bead "Barrett's" advertisements.
Men, Women and Children supplied
with everything in the line of first rate
boots, shoes, gaiters, slippers, &c Ac, at
old time, before the war, prices. ' Cloud &
Co new Deshler Building, opposite the
Statesman office.
The whitest, worst looking bair, resumes .
Its youthful beauty, by uslDg Hall's Vege
table Sicilian Hair Benewer. Try it.
Choice Bed Wheat Flour, $8 00 per bar
rel, warranted to give satisfaction. For
sale at McColm, Miles and M.Donald.
j7-dtf - ... .- .
"Barrett" the originator.
Drunkenness, bow treated and cured
can be found in Dr. Johnston's Treatise on
"Drunkenness, its Consequences and its
Cure." Druggists have a limited supply
on hand for distribution to - their patrons.
Go or send tor a copy.
sep 22-d t &s & w ly -c w
Jeleff & DeButts, Locksmiths an
bell hangers, at No. 141 North High street,
are now prepared to hang parlor and hotel
bells In the neatest and latest style. Sew
ing machines repaired and satisfaction
guaranteed. Models built for patentee?,
and all kinds ot light machinery made and
repaired. Keys ol all description always
on band, and safe and jail locks made and
repaired. may23-s-ly
To Consumers of Coal Buy your coal
of Bock Bun Coal Company. You will
find it of superior quality, free from slate
or clinker. Eighty pounds to the bushel
is guaranteed, and It Is sold at the lowest
market rates. Orders left at the office, 187
North High street, or at the Company's
order box at the grocery store ot George
McDonald & Co., 106 South High street,
will be promytly attended to.
jan7 Mat- Weaver, Sec'yi
Hollow ay's Pills. Want of vital ener
gy, nervous weakness, physical debility, or
by whatever other name you choose to call
that feebleness and depression which ren
ders its victims careless whether they live
or die, is one of the most terrible of hum-in
affections: Fortunately there Is an infalli
ble prescription for It Holloway's Pills.
Let the weak and broken down try them.
They are guaranteed by the experience of
the whole civilized world. Sold by all
Druggists. j9-dly-cw
[Official Report—Supervised by the Supreme
Court Reporter.]
TUESDAY, Jan. 12, 1869.
Hon. Luther Day, Chief Justice; Hon.
William White, Hon. Jacob Brinkerhofi,
Hon. Josiah Scott and Hon. John Welch,
Judges. L. J. Chritchfield, Esq., Reporter.
No. 26. William Dunbar v. D.
Harrison and others. Error to the Court of
Common Pleas of Clarke county. Keserved
in the District Court.
Brinkrrhoff, J. :
. Where a railroad company assigns un
paid subscriptions to its stock to its Presi
dent, in trust for certain definite purposes
which have been fulfilled, and the company
being insolvent, one of its judgment cred
l ors brings an action under the 45Sth sec
tion of the code to subject the amount due
on such unpaid subscriptions to the pay
ment of his judgment Held: ,
That as to the amount due on such sub
scriptions after the fulfillment of the trust
and the payment of all costs and expenses
ot its administration, the trustee is not en
titled to retail! from such fund the amount
of indebtedness of the compiny to bim for
his salary as President thereof, the plain
tiff by his action having established a spe
cific lien on the fund as against less dill
gent general creditors, and being entitled in
equity to a preference over them in its dis
tribution. - Judgment affirmed.
White, J., did not sit In tills case.
No. 20. Addison L. Thompson et al. vs.
Sarah L. Tnompson. Error to the Supe
rior Court ot Cincinnati.
White, J.,
1. In a deed of conveyance to a son-in-law,
the consideraliou stated was his mar
riage, and "natural love and affection" of
the grantor for his daughter and the
grantee; and, the purpose expressed in the
deed, was to advance the grautte In life.
Held :
That no trust. In the estate conveyed,
arose in favor of the daughter.'
2. In a suit to obtain the title to land, by '
correcting a mistake in a deed under which
both parties claim, the grantor having no
interest in the controversy, is not rendered
Incompetent as a witness bv Sec. 313 of the
code as amended March 31, 1304. though
the party against whom be is called upon
to testify, claims title and defends as heir.
3. Mistake as to the law of descents,
where the intention in making a deed was
to vest the estate conveyed in the grantee,
affords no ground for relief in equity.
Judgment reversed and case remanded,
No. 17. Samuel MeCrory v James J.
Parks. Error to the District Court ot Wood
county. ' - t - . . i ...:.
, Day, C.J.
! An action was bronght by one surety on
a Sheriffs bond against his co-sureties tor
an account between them, and to recover
ot each his proportionate share of a judg
ment of amercement that had been collect
ed of bim. One of the defendants also sought
to recover by answer and cross-petition In
same case, against each ol the parties, bis
contrlbutive share of an amount paid by
him on another judgment of amercement
to which all the sureties ot the Sheriff had
been made parties; but which judgment, it
appears, had been obtained by reason of a
return, fraudulently procured by the de
fendant upon an execution issued on a
judgment against him,- and the- amount
paid by the defendant was in tact his own
debt that bad not been otherwise dis
charged by him Held :
1. The action was one in which the par
ties had not the right to demand a trial by
jury, and was, therefore, appealable to the
District Court.
2. The parties in this case not being in
any sense adversary parties in the proceed
ings by which they were made parties to
the judgment paid by the detendaut, and
his fraudulent conduct not being involved
in those proceedings, the plaiutifi Is not
estopped thereby from setting up, iu this
case, the fraudulent non-payment of the
original judgment by the defendant.
: 3- The judgmeut discharged by the de
fendant being one that he alone ought to
pay, and one that resulted from his own
fraud, be has no ground for equitable con
tribution against his co-detendauts in the
Judgment reversed and cause remanded
for further proceeding?.
No. 28. C. B xltr by gua.dim v. J. din
Bixler. Reserved in the District Court of
Clarke county. Remanded to the District
Cjurt lor want of prosecution iu this
No. 30. Nancy McBrlde v. Sirah L.
Pool. Beservtd In t e DIstJict C-urtof
Richland county. Dismissed for want of
motion docket.
No 3. Solomon Ludwig v. Henry Fry.
Leave refused to file petitiou in error.
No. IS. Etna Insurance Company v.
Wm. F. Church. Leave granted to file pe
tition in error.
The Court are hearing oral arguments in
Nos. 33, 34 and 35 on general docket.
ThePIaster of the "Time,'?
Ia Lnmbago they act like a charm. In a few
hours a violent eough is relieved b; a Plaster ap
plied to the chest. Many persons believe a oold
cannot be taken while a plaster is worn there ; this
weifo know, they greatly ajsiit in the cure of a
negleoted oold, so often the introducer of Consump
tion. Cure of Iewroa of the I.I re r.
A gentleman, after a severe sickness, bad lesion
of the liver. Every quiok movement or sudden jar
cave bim severe pain, often laying bim up tor days.
Hence he was unable to follow any occupation with
In this oondition be applied over the part affect
first it seemed to irritate, so it was taken off. But
the marked improvement he experienced afterward
gare him courage to try again, and he therefore ap
plied another plaster. In a few days something
gave way 'slipped." to use the gentlemen's own
words. There was some soreness for a few days af
ter, then bis h altb was perfectly restored. Upan
being sounded by his physician the adhesion or
lesion was found to be gone.
Principal Agency. Bbaxdreth Bocbb, Hew
York. Sold by all druggists.
I p AV heard It highly extolled and have atea iti
wonderful effoots, writes Martha M. Johnson.
Derby, Ct., about Palmer's littipn. . ,.: -
aep21 dwly-cm-r
generation, the vegetative powers of
life are tstrong, but in a few years how
often the pallid hue, the lack-lustre eye,
and emaciated form, and the impossi
bility of application to mental effort,
show its baneful influence. It soon be
comes evident to the observer that some
depressing influence is checking the de
velopment of the body. Consumption
is talked of, and perhaps the youth is
removed from school and sent into the
country. This is one of the worst move
ments. Removed from ordinary di
versions of the ever-changing scenes of
the city, the powers of the body too
much enfeebled to give zest to healthtul
and rural exercise, thoughts are turned
inwards upon themselves.
It the patient be a lemsle, the ap
proach ot the menses is looked foMivith
anxiety, as the first symptom in which
iNature is to show her saving power in
diffusing the circulation and visiting
the cheek with the bloom of health.
Alas ! increase of appetite has grown
by what it fed on : the energies of the
system are prostrated, and the whole
eoonomy is deranged. The beautiful
and wonderful period in which body
and mind undergo so fascinating a
change from child to woman, is looked
for in vain ; the parent's heart bleeds
in anxiety, and fancies the grave but
waiting for its victim.
For Weakness arising from excesses or
early indiscretion, attended with the
following symptoms Indisposition to
JLiXertion, Loss ot Power, Loss of Mem
ory, Difficulty of Breathing, GeneraJJ
Weakness, Horror of Disease, Weak
Nerves, Trembling, Dreadful Horror of
Death, Night Sweats, Cold Feet, Wake
fulness, Dimness of Vision, Langour,
Universal Lassitnde of the Muscular
System, Often Enormous Appetite with
Dyspeptic Symptoms,' Hot Hands,
Flushing of the Body,' Dryness of the
bkm, Pallid Countenance and Eruptions
on the Face, Pain in the Back, Heavi
ness of the Eyelids, Frequently Black
Spots Flying, before the Eyes, with
Temporary Suffusion and Loss of Sight,
Want of Attention, Great Mobility,
Restlessness, with Horror of Society.
Nothing is more desirable to such pa
tients than Solitude and nothing they
more dread, for Fear of Themselves ;
no Repose of Manner, no Earnestness,
no Speculation, but a hurried Transi
tion from one question to another.
1 bese symptoms, it allowed to go on
which this Medicine invariably re
moves soon follow Loss of Power, Fa
tuity, and Epileptic Fits, in one of
which the patient may expire.
During the superintendence of Dr.
Wilson, at the Bloomingdale Asylum,
this sad result occurred to two patients ;
reason had for a time left tbem, and
both died of epilepsy. They were of
both sexes, and about twenty years of
age. -
Who can say that these excesses are
not frequently followed by those dire
ful diseases, Insanity and Consump
tion ? The records of the Insane Asy
lums, and the melancholy deaths by
Consumption, bear ample witness to the
truth of these assertions. In Lunatic
Asylams the most . melancholy exhibi
tion appears. The countenance is ac
tually sodden and quite destitute-
neither Mirth or Grief ever visits It.
Should a sound of tbe'voice occur, it is
rarely articulate.
"With woeful measures wan Despair
liow sullen sounds their grief beguiled."
Whilst we regret the existence of the
above diseases and symptoms, we are
prepared to offer an invaluable gift of
chemistry for the removal of the conse
quences : Helmbold's Highly Con
centrated Fluid Extract of Buchu.
There is no tonic like it. It is an an
chor of hope to the surgeon and patient,
and this is the testimony of all who have
used or prescribed it.
Sold by Druggists and Dealers every
where. Prepared at H. T. HELM
BOLD'S Drug-and Chemical Ware
house, 594 Broadway, N. Y.
Great Salt Lake Citt. Utah.
January 23. 1S68. $
Ma. H. T. Helmbold Dear Sir:
Your communication requesting onr
terms for advertising was duly received,
but from a prejudice 1. had formed
against advertising "enres for secret
diseases," it was left unanswered. Dur-
ingan accidental conversation in a Drug
Store the other evening, my mind was
changed on the character of your Bu-
chu. It was then highly commpnded
for other diseases by two physicians
present. Inclosed please find our rates
of advertising. Yours, &c,
Editor and Proprietor of Daily and
Semi-Weekly Telegraph.
K. Y. S. Vol. Institutst, )
Cor. 5th Ave. & 76th St., Central Park.(
(A Home and School for the Sons of de-
ceasea soiaiers.;
Dr. H. T. Helmbold : Two bottles
only of the package of your valuable
Buchu presented to the Institute have
been used by the children, and with per
fect success. In the case of our little
Lieutenant A. J., his pride is no longer
mortified, and he is free from the daily
morning anathemas of the chambermaid
who has charge ot bis bedding. 1 leel
that a knowledge of the result of our
use of your Buchu with the children
under our charge may save many a Su
perintendent and Matron of Boarding
Schools and Asylums a great amount of
annoyance ; and many a poor child But
fering more from weakness than from
habit, may be spared punishment, mat
is (not knowing it as a weakness instead
of a bad habit) most unjustly inflicted
upon them. Thanking you on behalf of
the children, and hoping others may be
alike benefitted, ' I am respectfully
yours, COL. YOUNG.
General Sup't and Director.
June 16, 1866. jyO-dwis-weowly
25b AND 252
South Hieh Street.
We will sell our entire stock of
Without Regard to Cost.
On and after Monday. Jan. 11th, 1889,
In order to make room for Spring Stock.
O.XiXj A.'Xa-X SUB,
Cincinnati Money Market—Jan. 15.
GOLD 138.
EXCHANGE F rm at par buying, and
l-10th premium selling.
New York Money Market—Jan. 15.
MONEY Is to-day easier that at any
time since the stringency abated. The
supply ig in excess of the wanta of brok
ers, and loans are made at 67 per cent,
atlfeiS 0peneil "".closed
New York Stock Market—Jan. 15.
quiet and declined a fraction, but subse
quently recovered and closed strong on a
renort by the fteerptanr nf tha T.n....
that Government was now selling or con-
112J& do '62 112112; do '04 109U(a
109J ; do '65 109; io new 108J108?i; do
BusinmM In thn fitrwfr tnarlrct wmm
distributed early in the day, which cul-
1 a. J 1 " ....
luuiaLcu in greac Duoyancy ana activity,
the prices being in some cases the highest.
reached rtn nrpjunt. hull CM.n.
latlve feeling ran high on New York Cen
tral, xveauinjr, rtocic island, Pittsburgh, St.
Paul and Northwestern. The upward
movement in Central was stimulated by a
rumnr frnmr Alhanv that: tha T Arrtal....
had been died, and a scrip dividend will
be legalized. There was some heavy buy
ing of Rock Island in the morning, nnder
the belief of a laro-fl anrin riivlrtAnri In lm. .
mediate future. Parcels of stock hive m.
cently been sent to London, which also-
exercised an influence. Northwestern ad
vanced on denial of the story of further
issue of common stock and the statement
that 4.7O0. ftharea fit nittfamil . n u
transierred on the book of the company to
uMiiuuu stcuunu jrittsuurgn is very fever
ish, and it is stated that the old party are
in stock asraln. The general market elnamT
strong. i ... . ii;
The Commercial says the difficulties be- .
tween Express Companies makes very slow
nrfttrrpBJ tiurarria a ailnt-tnn an1 iHfRiMnM.
are 1 kely to seek settlement in tbeconrts."
The American and Merchants' Union offer
to release the Adams Company from com-
hltlBtlnn r f tllA Utravol rw. m n I u a r
dition that the Adams Company Issue to
niriu tun very muuest amount oi tbreo
millions of their stock, the consideration
hetno t.h roaf.nrat.tin ti that Arimn.M
- .' w .uw .u.ua uviij.
pany of the routes it surrendered to the'
combination. The Adams stockholders
are of course opposed to this proposal,
and an annlloat.lon la likalv t ha m.HA
the courts for an injunction restraining tha
company from making such an issue. The -'
advance yesterday on Chicago and Qutncy
was on a rumor of a 40 ner nent.. wnn Mw
wend. : " - ' .:r "
5:30 prices. Wells' Express 25J2M;
American 3840; Adams 5fe51; United
States Mfll-chanto' ifninn 1 Ira 1.11 -T-
Pacific Mail 122122; Western Union
iBietirapn aaysii mew lorK Central
160160!& Erie 38&38; Reading 96
Terre Haute 4243; Wabash 63
636; St. Paul 75J75; Fort Wavne
121(121; Ohio & Mississippi 3334;
Michigan Central 118119 Michiifan
Southern 9191 Illinois Central 144
145; Pittsburgh 8889: Toledo 103104;
Rock Island 129129& Northwestern 83a
t3Xi C. C. &I. 0.43: . . . ;. ,
New York Market—Jan. 15.
- COTTON Shade firmer at 2929r
for middling-uplands. ; 1, v.- :
FLOUR Closed dull, without decided,
change. . "
WHEAT Dull; rather steady for sprlngV
with moderate export demand. '
RYE Dull at SI 50 for western: : .
OATS Dull at 7676)c for western.
CORN Steady wltn a moderate demand
at 9295c for new mixed western; old mix
ed western, nominal at $1 071 10; in
store and afloat.. -.
PORK Dull at 28 7529 00 for mess,
cash and regular, and seller for Febuary
March. .
BEEF Steady; moderate demand. "'
CUT MEATS Nominal. .
- BACON Quiet without decided change.
LARD Unsettled at 18K18c, good
to prime steam.
EGGS Dull at 3334c. - :
Cincinnati Market—Jan. 15.
FLOUR AND GRAIN unchanged and
quiet; not much done.
COITON Firmer; middling 29;, with a"
Strong market.
WHISKY Dull; sales at 93e. ' - .i
PROVISIONS-Dull and held firmly.
no demand. -
.BULK MEATS Shoulders sold atll '
llc; nothing done in sides.
BUTTER Firm and in good demand at
3440c. . .
BACON Firm and in good demand at
1820c. V.. ,
PETROLEUM Higher; refined at 33
OIL Linseed 91 05; . lard oil firm at
$1 C01 65. - -
Chicago Market—Jan. 15.
spring extra. . .
WHEAT Depressed and Jle lower'
on No. 1 ; sales of No. 1 at $1 2o 1 22: No.
2 at SI 121 13, cash ; SI 12, seller, 30
days-; closing at SI 12 sales Not 2 this
afternoon at SI 13.
CORN In fair demand and lew-'
wcr; sales new at 6253J; No, grade t
at 4850e; No. 1 at 61c, seller. May, and
676-, seller, last halt April, and new at
5354c, buyer. January; closing at 63o -'
for new, and 49o for no grade. - .
OATS Quiet weaker and lower;
sales No. 2 at 4748i, and 454tic for re
jected ; closing at 47c for No. 2. , " ':
RYE Jc lower; sales No. 1 at SI 15
1 17, and No. 2 at SI 14; closingat SI 16 for '
NO.1. -t ' ..( . .
BARLEY Weak and doll; 24o lower: ,
sales at SI 651 68 for No. 2, cash, and ,
SI 601 69, seller, for month; closing dull '
at SI 65, on spot.' -
HOGS Dressed dull at 6075c lower;:
closing dull atSIl 2511 50 lor soft, and ;
Sll 5012 00 for frozen lots. Live dull and .
I520c lower; sales at S9 25 11 00 for .
common to good shipping. " ' --
N. Y. Dry Goods Market—Jan. 14.
The mardet continues active for cotton .
;oods, under advance in raw material, but '
closed heavy.- Brown sheetings areTBrmer;
sales Lawrence C at 17c; Atlantio A tillT
selling at the same price, but the tendency .
is strongly upward. Bleached muslins ia
active request and firmer: New York Mills -27c,
while Wamusetta is selling at 23)o "
to 253 for all cotton fabric The tendency, :
In tact, is strongly upwards. - In woolens-,
the trade Is a little quiet, and ia hardly es- v
Toledo Market—Jan. 15.
FLOUR Quiet. - - '
WHEAT A shade better; No. 1 white
Michiean SI 95, amber SI 73. do seller Jan- '
uarv SI 73. do to arrive, fl 72). -
CORN ljc better; new 62)63)c;
new rejected 60c; kiln rir'ed 65c. . ;
OATS Unchanged; 56c for No. 2. -RYE
No. 1 SI 29; No. 2 SI 25.
BARLEY Sales Canada at S2 05.' "
CLOVER SEED 25n better. -HOGS
Dressed 1213e,. . , . ......
St. Louis Market—Jan. 15.
FLOUR Quiet and nnchanged.
WHEAT Unchanged.
CORN Better; 63G8. ... ':
OATS Higher; 57C0j.
RYE Firm at SI 2S. ' "' ' '
BARLEY Unchanged. -
WHISKY Dull and lower at 95c. . - - A
PROVISIONS Dnll, quiet and weak.
PORK S29 0029 50. - ; . V.
BACON Shoulders 13o; clear sides,
LARD Nominal atl8Jc. : : . - ..
HOGS Lower at 910u. , '
Buffalo Market—Jan. 15.
FLOUR ANT) f!R ATNT ri,il anil nnm-ir
inally unchanged. ...... .-. ...
tAJKN A shade easier; new selling at -about
78c on track.
nm clover at S8 50; timothy S3 75. '
xUuxl YY UN l&o I uo asked. . -r , ....(:;
Cleveland Market—Jan, 15.
FLOUR Dull and quiet.. '-'
WHEAT Sales ot No 1 red winter at
SI 75; No 2 do SI 63. ;
CORN 69c. . - . ; ';
OATS Held at 63c. ' ; :
Milwaukee Market—Jan. 15.
Dull; prices unchanged..
WHEAT-Dull; SI 17 for No. 1 In stora. ..
Tims is Flying, and the great stork of, ,
ood boots and shoes, at old time price, is
rapidly being sold out at Cloud & Co'a
original cheap house, in the new Deshler .
Building. Go soon and secure bargains. ',
surb and find Cloud & Co.

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