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The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, June 30, 1880, Image 1

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Cass County Republican
Published Every Wednesday,
Doicagiac, Cass County, Michigan,
la the Third Story of Gibbs' Brick Bloch, corner
Front and Commercial Streets.
1 m
2 m. 3 m.
6 m.
1 year
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1 CoL..
SI 00 SI 50
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S2 50 83 00
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13 50:18 00124 00
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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.
Strictly in advancs. Fifteen cents auuuiunaiis
NO. 14.
charred for postage tor patera uv v v. ....
Official IDireotory
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.
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, "
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.
TaTTVSTnTAN AND SURGEON, office and res
1 idence corner Beeson and Main St. Night
rails promptly attended. April 7- ,y
ell's Block, Commercial street, up-stairs.
O serstarv of the Farmers' Mutual Fire Insur
mm ComD.inv of Cass County. Office at
fhe First National Bank, Dowagiao. 50-tf
Attorneys at Law,
See. 6-tf. Niles, Michigan.
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.
All operations warranted. Rooms 2 floor Gibbs'
Block, corner Front and Commercial Sts. Office
sn rrom 7 . nx. p- r 90 J
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.
OSee under Masonic Hall. Collections
promptly attended to. Nov. 19, ly.
HAS returned to Dowagiac to practico his
profession. Office at residence near M E.
Chureh. May 7-3m.
C. T. LEE & SON,
BSSjII Exchange at one-half rates.Jfl
J. H. LTJDWIO, M . D.,
Joseph, Mich , will attend to all calls in
his profession. Offieo and residence opposite ':.e
Disciple church, Dowagiac, Mih. dec. 24-ly
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,
Has removed his
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.
JOHN FRASERS shop, corner of
Beeson and Railroad streets, np
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
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
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.
II n tr? ti id Caps,
Oeiits F'urnish.i'ng Goods,
In fact, SUITS for everybody and
what we have, whether you want to
our Goods.
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
and shall endeavor to give every
customer just the cut wished for.
I have secured a first-class
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.
New Livery!
Opposite the Marble Factory.
Te let at all times at reasonable figures.
I have a single and double team perfectly
safe for v"y! .
Ladies Driving.
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
April 19, 1877-ly.
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."
UW WAit of all other KUaur l'aue. 5-ly
Boots xrul Nhoos,
everybody SUITED. Call and see
buy or not. No trouble to show
Michigan Central Railroad.
Time Table. -May O, 180.
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
Michigan City
New Buffalo
Three Oaks........
Battle Creek
Jackson Arrive
Jackson Luaro
Grass Lake
Ann Arbor
w.r. 4 unction . .
Grand Trunk J unction
Detroit Arrive
Detroit Leave
Grana Trunk Junction
Wayne Junction
Ann Arbor
Grass Lake
Jackson Arrive
Battle Creek
Three Oaks
New Buffalo
Michigan City
Chicago Arrive
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.
Mail going Bant closes at 12:07; going West
at 3:13. Night mail each way closes at 7 J o'clock
BEST in the WORLD.
I also put in the
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
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,
Dowagiac, Mich. Jan. 1, '80-ly.
Doyn wlshtoobtaln good and
valid Patents I then write to or call
upon 'A'iiotv tri. Siratrnc
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
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.
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
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.
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-
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
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
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
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.
"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
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
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
v: rv .

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