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Cass County Republican Published Every Wednesday, AT Doicagiac, Cass County, Michigan, la the Third Story of Gibbs' Brick Bloch, corner Front and Commercial Streets. RATES OF ADVERTISING. CASS COUNTY REPUBLICAN, SPACE. 1 m 2 m. 3 m. 6 m. 1 year 1 Inch.. X Col... KCol... 1 CoL.. SI 00 SI 50 2 00 5 00 4 00 9 00 S2 50 83 00 7 00! 9 00 4 50 9 7 OS 5 00 25 00 13 50:18 00124 00 40 00 75 00 UP 0UI16 00)21 00128 0040 00 Cards ia Business Directory, not exceeding 5 lines. $5 por year, S3 for six months. For eaeh additional line of space, 50 c'ts a year. Local and Business Notices in reading matter type, 10 cents por line for tho first insertion, and 6 cents per line for each subsequent insertion Legarl advertising at statute ratos, payable is advance when no affidavit is required. Advertisements cot ordered for a specified time will bo marked 'till forbid' and charged ac cordingly. r- P Holmes & Greenleaf, Publishers. TERMS 2.00 Per Annum. A discount of 50 cents is made rietlv in advance. Fifteen cents addi if paid VOL. 23. DOWAGIAC, MICH., WEDNESDAY, JUNE 30, 1880. Strictly in advancs. Fifteen cents auuuiunaiis NO. 14. charred for postage tor patera uv v v. .... eounty. bj r r 4n 3 01 u ft S31 Official IDireotory COUNTlToFlFIciBRS. Sheriff James H. Stamp. Judge of Probate William P. Bennett. County Clerk Joseph R. Edwards. County Treasurer Roderick L. Van Neii. Register of Deeds Stephen L. George. Provocating Attorney ilarsen D. Smith. Circuit Court Commissioners Geo. Keteham and Joseph B. Clarke. Surveyor Amos Smith, Vandalia. Corocors Wm. K. Palmer, David Beardsley. The Post Offioe address of the above officers is Cassopelis, with the exception of J. B. Clarke. and William K. Palmer, which is Dowagiac, and Ames Smith, Vandalia. SUPERVISORS. Mareellus Andrew F. Caul , Domoerat. Volisia John Il'iff, Bpablioj. Wstb Hiraaa-Nowlis., Ura.ritaok. Dssragiac Arthur Smith, Democrat. Bflvsr Creek William Mi Frost, Republiean. Ptkagen Henry W. Kicnarai, democrat. LaGrange Robert H. Wiley. " Pens J. II. Johnson, Republican. Newberg B. L. Rudd, Greenback. Perter Edward T Motley, Republican. Calvin Levi J. Reynolds, " Jefferson Harley R. Bement. Democrat. Howard A. J. Shaw, Democrat. Milton Wm. II. Olmstead, Republican. Ontwa Wm. K. Hopkins, Democrat. Mason J. U. Graham, " CIRCUIT COURT. Judge 2d Judicial Circuit A. J. Smith. Reporter 2d Judicial Circuit B. L. Knapp. The terms of the Circuit Court for the County f Cass are held as follows : On the first Monday in March. Ob the first Monday In June. On the fourth Monday in September. On the first Monday in December. BUSINESS DIRECTORY. W. W. EASTOX, TaTTVSTnTAN AND SURGEON, office and res 1 idence corner Beeson and Main St. Night rails promptly attended. April 7- ,y B. W. SCHERMERHORN, JUSTICE OF THE PEACE. Office in Jew ell's Block, Commercial street, up-stairs. febll-ly CYRUS TUTHILL, O serstarv of the Farmers' Mutual Fire Insur mm ComD.inv of Cass County. Office at fhe First National Bank, Dowagiao. 50-tf XjAJSDO:N" Sc LANDON, Attorneys at Law, See. 6-tf. Niles, Michigan. T. H. GLOVER, DBALKR in Music and Book bindings. Spec ial agent for the Edition Peters and Edi tion Schubert. Also Stoddart's Musical Library. Orders by mail filled. Dowagiac, Mich. Dee. 31, tf. JEWELL BROTHERS, DENTISTS. All operations warranted. Rooms 2 floor Gibbs' Block, corner Front and Commercial Sts. Office sn rrom 7 . nx. p- r 90 J G. W. ANDREW, JUSTICE OF THE PEACE. Office, Front St., over Dowoy, Defendorf A Lyle's store May 10-ly. C. W. MORSE, N. D. 3 removed hn office and residenco to first door Sst of Methodist Church. H D. K. BYRNES, JFSTICE OF THF PEACE. Pokagon. Mich OSee under Masonic Hall. Collections promptly attended to. Nov. 19, ly. Dr. E. A. CURTIS, HAS returned to Dowagiac to practico his profession. Office at residence near M E. Chureh. May 7-3m. C. T. LEE & SON, BANKERS, BSSjII Exchange at one-half rates.Jfl J. H. LTJDWIO, M . D., HOMCSPATHIC PHYSICIAN, late of St. Joseph, Mich , will attend to all calls in his profession. Offieo and residence opposite ':.e Disciple church, Dowagiac, Mih. dec. 24-ly JOSEPH S. BACON, Lawyer & Money Broker Dec. 13, "77-tf Nilm, Mien. H. s. monaster, PHYSICIAN and Surgeon. Office and resi dence at the old Dr. Curtis placo, corner f Divisien and Pennsylvania Sts., near tho Com mercial Hotel. Dr. T. KIX, DENTIST, Has removed his DENTAL OFFICE to tho rooms formerly occupied by the late O. M. Sherwood, over tho Stors of T. T. Biebbios & son, Front Street. Dowagiac, March 26, 1879 8-m City Hotel, Dowagiac, Thursday, Ang. 12th. FURNITURE AT JOHN FRASERS shop, corner of Beeson and Railroad streets, np stairs. Persons aboot to buy will do well to come and see before purchasing. I will give as good bar gains as can be got in Cass county for the mon ey. I have on hand a fine lot of EXTENSION TABLES. AH my own make. Call and see them and sat isfy yourself. I also keep on hand choice bedsteads at a low price. Chairs or any kind of furniture furnishod to ordor from sample at short notice. A large stock of my celebrated MILE SAFES which I will sell at lowest prices for cash. Lum ber or produce taken in exchange. Also a new improved stove back for cooking stoves, of my ewn invention. New winter is coming you had better look to youi stoves and come and sne me. Sep. lOth-tf. JOHN FRASER. 8 TEE1T - QTYI ARRIVED! AN IMMENSE NEW STOCK OF DRY GOOD AND II n tr? ti id Caps, OPPENHEIM'S BLACK CASHMERES, BUNTINGS, MOMIES, FOU LORDS, PRINTS, CRETONNES, HOSIERY, GLOVES, CORSETS, Oeiits F'urnish.i'ng Goods, MEN'S Suits BOY'S Suits. In fact, SUITS for everybody and what we have, whether you want to our Goods. THE OLD POPULAR Brick Market Is now in first-class shape. I have now made arrangements so that in the future I shall give the custom department my PERSONAL ATTENTION, and shall endeavor to give every customer just the cut wished for. I have secured a first-class SAUSAGE MAKER and can supply all g O'o'.Tsr rtf -Wf Vtvtt iu first qualities and at low prices. Pork, Corned Beef, Earns and Shoulders, home cared and first-class. Highest market price paid for m t o o i . Standard Scales close at hand, al ways clean and in good 6hapo. No waiting for drafts. F. M. SANDERS. New Livery! WM. LARZELERE, Opposite the Marble Factory. I NOW HAVE GOOD HORSES & CARRIAGES Te let at all times at reasonable figures. I have a single and double team perfectly safe for v"y! . Ladies Driving. FEED, LJE AND Good feed kept at all times, and board bv the day or week at lowest terms. Good Care Guaranteed. My motto is "Use my horses woll and my prices will be low." TVILLIAM LARZELERE. April 19, 1877-ly. xAYjy Does Your Back Ache? Do you have Pain in the side ? Are you un able to Retain or Expel your Urine ? Is your Urine high coloied ? Do you havo Albuminous or Brick Dust Deposits in your Urine '? Do you suffer from Nervous Debility or Weakness ? Do you have Painful Urinating? Then yoor KID NEYS or BLADDER are affected, and you should not delay using our P.-id at once, for it will certainly cure yeu, when nothing else can. For sale by druggists, or sent by mail upon re ceipt of price, $2.00. Send us your address for certificates of cures and our book, "How a life was Saved." DAY KIDNEY PAD CO . TOLEDO. OHIO UW WAit of all other KUaur l'aue. 5-ly BY iiSRaW U Boots xrul Nhoos, T J SILKS AND SATINS CAMBRICS, GINGHAMS, YOUTHS' Suit. everybody SUITED. Call and see buy or not. No trouble to show M. fc P. OPPENHEIM. Michigan Central Railroad. MAIN LIKE. Time Table. -May O, 180. GOING EAST. Mail KaL NlSht Accom. Espies 7 (Aam 4 00pm 9.10pm 7.50' 4.50" 10.00" 3.35" 5.40" 10.43" 9.25" 6 33" 1130" 9 50 " 6 58 " 11.52" 10 03" 713" 10.30" 7.40" 10.45" 8 10" 12 45am 11.13" 8.33" 1.10" 11.39" 9.05" 1.32" 1157" 9.22" ).4h' 12.33pm lOOOpn, 2 25 " 12.53 " 128" 318" 2.25" 3 46 " 2 52 " 4.12" 3.40" Express. 4'55 3.45" 7. loan, 5 00" 410" 7.39" 5.25" 4.40" S02" 5.5t'" .5.00" 8.16" 6.05" 5 22 " 8 40" 625" Z3V e 5 " . 6.41 6 02 " 9 16 ' 7 05 " , 6 33 " 9. 45 ' 7 45 " ' 6.50pm 10 00a ra a.00am Mail ljVk8'n te'E 'Express. Exprest 7:(X'a:o 5:55pm 9:30pui 7:15" 6:10 " 8:45 ' T62'- 6:42" 9:16" S20': 7:05" 9:r8 " 8:40" 7:35" 9:55" 9:04" 7:36" 10:14" 9:22' 8:11" 10:30" 9:50 1 I 8:35 10:52" 10:20". I 9:00pm 11:20" 10:44" 11:41" 11:04" 11:59" 11:50" - 12:21 " 12:19pm 12:45" 12:53" Accom. aa 1:13" 4 50am 1:30" 1:52" 5:25" 2:C5" 2:07" 5:42" 2:21" 2:29" 6:07" 2:44" 2:55" 6:50" 3:10" 3:10" 7:02" 3:23" 3 40 "- 7 27 " ..." 3:57" 7..4O" 4:05" 4:30" 8:09" 4:33" 5:13" 8:54" 5:17" 6:00 " 9:45 " 6;05 " 6:50pm 10:35am 6:55am Chicago Leave Kensington Lake Michigan City New Buffalo Three Oaks........ Buchanan Niles Dowagiao Decatur Lawton Kalamazoo Galesburg Battle Creek Marshall Albion Jackson Arrive Jackson Luaro Grass Lake Chelsea Dexter Ann Arbor Ypsilanti w.r. 4 unction . . Grand Trunk J unction Detroit Arrive GOING "WEST. Detroit Leave Grana Trunk Junction Wayne Junction Ypsilanti Ann Arbor Dexter CUolsea Grass Lake Jackson Arrive Parmn Albion Marshall Battle Creek Galesburg Kalamazoo Lawton Decatur Dowagiao Niles Buchanan Three Oaks New Buffalo Michigan City Lake Kensington Chicago Arrive OI! AND RAPIDS & KALAMAZOO EXPRESS Leaves Detroit 4.05 p. m., arriving at Grand Rapids 10.30 p. m and Kalamazoo 9.30 p m. RETURNING, Leaves Grand Rapids 6.40 a m. and Kalamazoo 6 50 a. in., arriving at Detroit 11.30 a.m. Sunday excepted. Saturday and Sunday ex cepted. Hu.Niir C. Wh.xtworth, II. B. Leptard, G. P. k T. A., Chicago Gen'l Mang'r, Detroit. Day Express,(don't stop) carries mail 12:40 p. m. Day Express, (don't stop) carries mail 3:40 p. m. WILLIS ARGABRIGIW, Ag Mail going Bant closes at 12:07; going West at 3:13. Night mail each way closes at 7 J o'clock PERKIN'S WIND MILL. THE BEST in the WORLD. I also put in the TUBULAR WELL any desired depth. Have put in many throughout the county, all of which give excellent satisfaction. All practical men declare it to bo the best Well in the market. I refer readers to the following names, the list being a few of the ones now using them in the county, the well varying in depth from 55 to 130 teet. Jacob Gebbard, La Orange. John Oreen, Wayne. S. Ashcraft, Penn. Henry Tietsort, CassDpolis. Norman Jarvis, La Orange. Dr. H. S. McMaster, Dowagiac. Wd. Adams, " Mrs. 0. Knapp, (112 feet) Silver Creek, Win. Sears, La Grange Remember I keep Tiling on band and fill all orders promptly. Lowest terms given on all work in my line Call on or Address, L. J. PRAY. Dowagiac, Mich. Jan. 1, '80-ly. Doyn wlshtoobtaln good and valid Patents I then write to or call upon 'A'iiotv tri. Siratrnc is, Congress St. Detroit, Mich., Attor tiers in Patent Causes. SataMiaK ' 15 years. Sendfor pamphlet, frea Feb. 25, 1S80 ly. To The Afflicted. Since the introduction of KeHogg's Columbian Oil it has made more permanent cures and given better satisfaction on Kidney Complaints and Rheumatism than any known remedy. Its contintiod seris of wonderful cures in all cli mates has made it known as a safe and reliable agent to employ against all aehoekd pains, which aro the forerunners of more serious dis orders. It acts speedily and surely, elways re lieving suffering and often saving life! The protection it affords by its timelv use on rheu matism, kidney affection, and all aches and pains, wounds, cramping pains, cholera mor bus, diarrhoea, couhgs, colds, catarrh, and dis orders among children, makes it an invaluoble remedy to be kept always on hand in every home. No person can afford to be " ithou t it, and those who have once usod ii nvcr will. It is absolutely ccrtnin in its romciicalfleets, and will always euro whou euro a arc p -ible. Cali at C. L. Sherwood's or A. Huntington's and get a memorandum book giving more full details of the curative properties of this wonder ful medicine. Ap ril 21-ly. A Wonderful Discovery. For the speedy cure of Consumption and all diseases that leads tu it, such as stubborn Coughs, ireglected Colds, Brouchiti9, Hay Fever, Asthma, pain in the side and cheRt. dry hRckinfi; cough, tickling in the throat. HoarsenesH, Sore throat, and all chronic or lingering diseases of the throat and lunus, Dr. King's New Discovert has no equal and hns established for itself a world-wide reputation. Many leading physicians re commended and use it in their practice. The formula from which it is prepared is highly recommended by all medical journals. The clergy and the press have complimented it in the most glowing terms. Go to your drug gist and get a trial bottle for ten cents, or a regular size for $1.00. For sale at Sherwood's Drug Store. Oct 15-8m Unquestionable. The Herald, Detroit, Mich., says of War ner's Safe Liver and Kidney Cure: ' Its effi cacy in kidney, liver and urinary diseases is so full fknojvvlirl(TH that it is nut wnrlh the questioning. Bonafide testimonials from well known citizens in public and private life are evidences strong enough to convince the most stubborn doubter." May 12 3m. A Free Book of nearly 100 large octavo pages for the pick. Full of valuable netes, by Dr. B. B. Foote. on Scrofula : Dis eases of the Breathing Organs ; Diseases of Men : Diseases of Women : Aches and Pains; Heart Troubles ; and a great variety of Chronic Diseases, with evidence that in most cases these dibeasos aro curable. Sent for three cent stamp. Address MURRAY HILL PUB. CO., No. 129 K. 28lh Street, N. Y. March 24-6m. Physicians freely prescribe the new Fcod Medicine, "Malt Bitters," because more nour ishing, strengthening, and purifjing than all other forms of malt or medicine, while free from the objections urged against malt liquors All Indorse It. The Recorder, Americus, Ga.,says: "Clerks, Senators, II fj roeruialives Doetors, Lawyers, Citirf "JT'1fflir-ififT twrffliy" '' fving by the thousands, and ever their ow;, signatures, that a remedy has been found for Bright's Disease of the Kidneys and for Dia betes; these are respectively known as War ner's Safe Kidney and Liver Cure and War ner's Safe Diabetes Cure." May 12 3m. D2.ngL.ters, Wives and Mothers, Dr. Marchisi's Uterine CATHOLICOW will positively cure Female Wcukness, such as Falling of the omh, Whites, Chronic Inflam mation ar Ulceration of the Womb, Incidental Hemorrhage or Flooding, Painful, Suppressed Menstruation, Ac. An old and reliablo remedy. Send postal card for a pamphlet, with treatment, cures and certificates from physicians and pa tients, to HOWAKIii & BALLAKD, LT1UA, N. Y. Sold by all Druggists !. 50 per bottle. Oct. 22-lm. The Weak, NeilOM ar.d Exhausted should read the advertisement of Dr. Bowesmith's special specifics for men and women. 23-ly. Horse Thieves, Beware. AN Association has been foflhed under the Legislative Act of 1873, in Pokagon, en titled "Fanners' Mutual Aid Association," whose objoct is to pursue and arrest at a moment's no tice, all horse thieves. The following are the names of the members : Cyrus Tuthill, A. J. Myers, Alonzo Shattack, wm. 11. McCoy, Wm. Beach, A. J. Kibler, Martin Merritt, J. J. Hardy, John Cady, Denry Bock, Wm. E. Williams, m. II. Lewis, U.Putnam, John Miller, John II Simpson, Edwin Austin, L. B. Pattison, Isaac Burt, Jacob White, H. W Richards, Leroy Oifford, J. E. Garwood, Myron Merritt, Abram Miller. .Moses V . (iray, Abram Jfioro. Uenry Pelis, esley Emmons, A.J. Hardy, K. Uonnine, R J. Di:kson, H.J.Hendryx. This society meets annually on the last Thurs day in March. April 14, lbttU ly. Warner's SbUfe Mils are an rmmedlata stimulus for a Torpid Liver, and cure Coetivo neas. Dyspepsia, Biliousness, Bilious Diarrhoea, Malaria, Fever and Ague, and aro useful at times In nearly all Diseaaes to canso a free and regular action of the Bowels. The best anti dote for all Malarial Poison. Price, 25c a box. Warrior's Safe Nervine quickly drives Rest and Sleep to the suffering, cures Headache and Neuralgia, Prevents Epileptic Fita. and la the beat remedy for Nervous Prostration brought on by excessivs drinking, over-work, mental shocks and other causes. It relieves the Pains of all Diseasea, and is never injurious to the system. The beat of all Nervines. Bottles of two aes; prices, sue. and ti.uu Warner's Safe Bncdiei are old by Druggists and Dealers in Medicine every where. iRH.WASESJr.0L Proprietors, Boebesser, N.Y. ' BBr-Hnd for Pamphlet and Testimonials. For sale by Asa Huntington, Dowagiac. fn 69fl Per st tome. Samples worth S5 free. Address Btihson fc Co., Port- land, Maine. nuv. 26-ly. I LIFE OF ZACH. CHANDLER. Agents Wanted. R. D. S. Tyler Co , Detroit May 19-2m. a week in your own town Terms and $5 pUU outrlt frer Address B. Hai.lett & Co , j Portlaud, iLiiut. nov. 26-ly. Diseases of the Heart- BY V. CLARENCE TRICE, M, D. The Heart ia a powerful muscular organ, having four apartments or cavities: its right and left auricle or muscular bag and right and lct ven trical or cavity. It is considered the centre of oiroulation. Of its muscular power we may have some conception when we consider that in. man the whole quantity of blood is estimated at about 28 pounds, and that at every pulsation, (which, if regular, is about 75 per minute), an ounce of blood passes through it. Upon this calculation 6 pounds aud 3 ounces of blood pass through the heart to the lungs every minute of our lives, (this assertion is, however, made on mere conjecture.) It is very certain that all the blood in the body passes through the heart and lungs at least every ten minutes six times in every hour and, upon an average, 144 times every twenty four hours, from our earliest infancy to decrepit and childish old age. In every piece of mechanical in genuity, however simple or complex may be its structure, we find, as in despensible to the whole, at least one great point ot attraction or re pulsion; so in the human frame we designate the heart, in its simple op erations to be the vital organ, which, by its energy and action, gives to every fibre of the frame a principle peculiar to its immediate function. It is the constant 6pring, or fountain, which, emptying itself into those thousand little streams of the body traverses the whole system and im parts that vigor and animation so in dubitable to the maintainance and support of life. This eeutral organ this sole power which circulates the blood, is as liable to disease as the other organs of the body. There is no disease to whicn the human frame is subject, more intense and violent than a functional affection of the heart; and, indeed, so dreadful aro some of the sensations attending it, mat a patient laboring under its influence, described it as a dreadful sensation, "approaching to a feeling of annihilation," far surpassing any degree of pain. I am not able here to render a complete analysis of the symptoms in attendance on this com plaint, but will mention the more prominent of them that occur in the early 6tages of the disease. A11 oppression and ciifhcalty of breathing often amounting to suffo cation r feeling of approaching death. Sometimes a pain is felt over the region of the heart, palpitations, rapid beating or fluttering motion, a feeling of tightness acrous the chest or distress with short breath, which is increased upon exertion, especially when walking on an ascent or going up a pair of stairs, headache, cold hands and feet, face pale at times, at other times flushed, giddiness, ring ing or buzzing in the ear, faintness, ohivering, nose bleedings and numb cesg. The side over the region of the heart sometimes enlarges, pulse interrupted often stops beating for some seconds, sleep confused and painful, with unpleasant dreams and sudden startlings. The patient is restless, easily excited, and when so, often unable to speak, quickly fa tigued, anxious and nervous. Pal pitations of the heart do not occur in every case nor all of the above symptoms, but more or less are present in every case in the com mencement of this disease, becoming more aud more dreadful as the dis ease advances, terminating often when the patient is feeling most well, in sudden death. From the great number of cases that we daily en counter we are fully convinced that diseases of the heart are next in fre quency to diseases of the lungs. The incessant play of the passions, which are exoitablo to a high degree, arc calculated to produce many dis arrangements in the healthy action of this organ. Whatever tends to overwork the heart, thereby produc ing interruptions, also a diminution ot power, will occasion this disease, as indulgence in intoxicating liquors, long coutinned use of stimulants, to bacco, unnatural drains upon the sys tem, rheumatism and other long standing ailments, intense study, mental depression, application of the mind with little bodily exercise, great anxiety to be rich, running in debt, working, and fretting, trying to pay interest, causing vexations, ttoublo and disappointments, cte. In the early period of this affection, remedial agents can be used that will arrest its progress. It is the inability of the heart to circulate blood with that freedom which the animal economy requires, that is tho cause of diseas.es of the heart. And with this view of the subject every means should be used for the pur pose of "facilitating the circulation of the blood." When the disease has long been neglected and tho heart itself fixidly implicated, assure j is seldom if ever obtained, the dis-' ease most invariably has a sudden and fatal termination. Tho neces6i-j ty of attending to the first symp-; toms of a disease so sure in its prog- j ress to destroy life, cannot but be seen by all. Wo are pursuing a sys- j tern of treatment for the cure of all ohronic complaints that is of a far ( different character from that usually j entertained one which cannot fail to recommend itself to every un prejudiced and intelligent individual. The light of science at the present day directs us to the removal of causeB, and to the laboratory of the Vegetable Kingdom for the constit uents of the reparative progress. We shall make our visits regular ly for years, and will be for consul tation upon all diseases of the lungs, throat, heart, nerves, blood, etc., on our next visit, at Dowagiac, City Hotel, on Monday (until 2 o'clock) the 19th of July. Below is a snmmary from the Lansing Republican, of the finding by the Supreme Court in the Lilly case. It will bo observed that he can be found guilty of no crime but assault, and it is not decided, and probably the people care but little when that will be tried. The People vs. Thorn s J . Lilley. Exceptions from Cass. Reversed Otto Eirshner for the people ; F. J. Atwell and J. J. Van Riper lor defendant. Opinion by Maestox, C J. Respondent was tried upon an in formation which charged him with having made an assault upon one Horace McKenzie with an intent to kill snd murder him. Under instruc tions the defendant was found guilty ot an assault with intent to commit manslaughter. The case comes here on exceptions before judgment. A difficulty had arisen between the person claimed to have been as saulted and the father of respondent, as to the proper division of certain wheat, then being thrashed, and which led to blows. The respond ent was struck on the head by Mc Kenzie, and retreated or walked to ward the straw slack, some 10 or 12 feet distant. There is some couflict in tho evidence as to what thereupon took place, but as a respondent was entitled as a matter of right to have the case submitted to the jury under instructions applicable to the evi dence, favorable, as well as unfavor able to him, we must for the present purpose consider the charge as given and refused in view of the evidenoe most favorable to the accused. After respondent reached the straw-stack he turned around, took a knife out of his pocket, made some threat and advanced towards Me Kenzie. After he had advanced one or two steps he was, caught by a by stander, and there is some question as to whether the knife was open at the time or not, and witnesses testi fied that he wan then from 10 to 15 feet from McKcnzio. Respondent then pnt his knife in his pocket. This practically ended the matter. The court, as requested by the prosecuting attorney, instructed the jury : "An assault is an attempt or offer with violeuce to do a corporal hurt to another ; an offer to inflict bdily injury by one who is rushing upon another is an assault. Although the assailant be not near enough to reach his adversary, if the distance be such as to induce a man of ordi nary firmness to- be'.ieve that he is in immediate danger of receiving such threatened injury, and any in tent to commit violence accompan ied by ants which, if not interrupted, will be followed by bodily injury, is suflicient to constitute an assault, although the assailant may not be within striking distance. And in this case of Lilly, being within 10, 15, or 20 feet from McKenzie, drew his knife from his pocket and commenc ed to open tho same, and started to wards McKenzie in a violent manner, threatening that he would do him bodily injury, and afterwards advan cing towards him a few steps, and while rushing towards McKenzie he was stopped by Dillman, Lilly would be guilty of an assault." The court declined to charge that an assault in law is an effort to strike or cut within striking distance, and if the person started to strike or cut McKenzie, and before he got within striking or cutting distance stopped and voluntarily abandoned his purpose, or it before coming with in striking or cutting distance was stopped by others, and then aban doned his purpose, it would not con stitute au assault in law." That "in order to constitute a crime of assault with intent to murder, the attempt to strike or . cut uust be within strik ing or cutting distance, and if tho prisoner started to strike or cut Mc Kenzie, and before he got within striking distance stopped and volun tarily abaudoned his purpose, or be fore coming within striking or cut ting distance was stopped by others and then voluntarily abandoned bis purpose, it would not at law consti tute an assault with intent to mur der, as charged in the first and sec ond counts in the information." The instructions as given would seem to lay down the general propo sition that an intent to commit, ac companied by acts which if not in terrupted will be followed by bodily injury, is suflicient to constitute an assault, although the assailant may not be at distance. any time within striking Now there may be an in- tent to commit violence, and this ac companied by acts preparatory there to, which it followed up would clear ly constitute an assault; yet owing to the distance and surrounding cir cumstances no possible assault could have been committed. The aot done must have been suffi ciently proximate to be the thing in tended. It may be so remote, al- though a distinct and essential act coupled with the intent, as to tall the amendment. The amendment far short of constituting an assault, was defeated in one branoh of Cen Clearly, where the intent is formed gress and adopted in the ether and aud some act done iu performance, Continued on second page) thereof, but the party voluntarily abandons his , purpose, or is prevent ed from proceeding further, and this, while at a distance toe great to make an actual assault, he could not be convicted of an actual assault. The charge of the court as to what would constitute an assault was not suffi ciently guarded, and had a tendency to mislead the jury. The next important question is, whether in this state there is such an offense known to the law as an as sault with intent to commit man slaughter. It such an offense can be committed, two things are necessary to the commission thereof. An ac tual assault ooupled with an intent to take life, and this under such cir cumstances that the aecused would not be guilty of murder if death should ensue. The speoifio intent is necessary to complete the offense and raise it above the grade of mere assault. In a case of this character we only havo to deal with voluntary man slaughter. This often involves a di rect intent to kill, but the law redu ces the grade of the offense because, looking at the frailty of human na ture, it considers great provocations sufficient to excite the passions be yond tho control of reason. Had the assault been committed in this case, and death ensued, the intent might have been inferred from all the circumstances. The homicide, if not excusable, would have furnished evidence of the intent In cases of assault with intent to commit a fele ny a specific intent must be found to exist, and it is very difficult to imagine how such a speoifio intent can be found to exist in the absence of reflection and deliberation. When once it appears that the a.sault was made with intent to take life, under circumstances where the killing would not have been lawful or excu sable, then if under such circumstan ces death should ensue, the party would be guilty of murder. It seems like a contradiction of terms te say that a person can assault another with intent to commit manslaughter. As this case now stands the re spondent may be convicted of an as sault, and a new trial must therefore be ordered. GARFIELD'S RECORD. CRED1T MUJULIER. "The credit mohilier of America' was incorporated by the legislature of Pennsylvania in 1859. It was a company authorized to make eon tracts, borrow and lend money and do a general finance business. In 1864 the charter was purchased by Thomas C. Durant, vice president of the Union Pacific railroad. From the fact of letting large contracts at exorbitant rates to stock holder?, the company acquired its insavory repu tation. After a eareful investiga tion by a congressional committee, it held even if Gen. Garfield had bought stock of the company the fact did not convict of dishonesty or impropriety. Gen. Garfield went farther and denied ever buying or holding stock, and was fully borne out by the first testimony of Oakea Ames. Not until Ames saw hie own doom seated did he even at tempt to show that Garfield ever held any stock, and then in a very lame and bungling manner. Ames says that he believed that a cheek for $329 payable te "O. A." had been used to pay Garfield dividends on stock. Ames private book keep er swore that Garfield's name does not appear on the books, and the seargcant-at-arms testified to paying the check to Ames. Gen. Garfield testifies that the only foundation for even a rumor is the fact he once bor rowed $300 of Ames, as a temporary loan, and when he came to pay it Ames remarked that he could keep it as dividends if he concluded to take the 10 shares of stock about which he had previously been spok en to. .but the offer was refused and the loan repaid. 1 be committee exonerating Gen. Garfield was appointed by a demo crat, included two democrats and one independent, but thev were unanimous in exonerating Garfield of any dishonest act or lmnroner motive. It is too late to' rake up anything as fully exploded as the credit mebilier mud on Garfield's garments. THE SALARY GRAB. This is another cry in which the democratic pack have been crying in chorus ever since the finish of the Chicago convention. "He signed the salary grab act." Yes, be did, and how ? It will be remembered that the bill was passed in the last hours of the last session of the 22d Congress. The act raising the sal aries was a provision of a volumin ous bill making appropriations for all branches of the government. Gen. Garfield onnosed Rutler's amendment ordering the increase of salaries at its first appearance. When the committee reported the proposition in favor of raising the salaries, Gen. Garfield voted against it. Butler made a motion to recon sider the motion to which the in crease was defeated and on a metien to lay this on the table, Gen. Gar- field voted "aye", as an opponent of j 1 v: rv . .