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The RepubJlcariF SATURDAY, OCT. 27, 1877. The regular annual session of the Grand Division of Tennessee, Sons of Temperance, paeet at Knoxville to-day. The Clih session of tbe Holston Annual Conference convened at CleveLanon tb,o 24th inst, Bishop Doggett presiding. Ret, F. Richard son was elected Secretary, and J. R. Payne and D. W. Carter Ass&Let Secretaries. Advices by Thursday's mail show that Jugde Cooley, of Michigan, will ppbably get the U. S., Circuit Judge ship of the Sixth District; ihorjgb Hon. Jno. Baxter, of Knoxville, is strongly indorsed for the position and possibly may receive the appoint ment ' The Blount County Sabbath School Convention convened at Pleasant Grove Chnrch yesterday. President Wm. A. McTeer presid ing. t Th,ew was a heavy white frost at emphis on the morning of the 23d inst Thomas Estrano, President of tbe Cuban Republic, has been captured by the Spanish troops. Senator Blaine's daughter was, on the 22d inst., shot in the face by the .accidental discharge of a parlor pis tol. The Senate has confirmed the ap pointment of Prof. John M. Lang ston, of Ohio, as U. S. Minister to Hayti. Senator Morton says he is for the President's 'Southern Policy" a long as the South keep her pledges, but that the ."Civil Service Order" will have to be abandoned. On jt&e 22d ;inst. an explosion oc curred in the colliery at Hiyh Blantyr, pear Gl$3gow,Jcotljs.Qd. There were 233 men in the mines, nearly all of kwbom are reported to be killed. Ex ploring parties endeavored to save those imprisoned and who had not peen killed .outright, but in vain at last accounts. State Elections. Fifteen States have yet to hold elections this year. The following States hold elections Nov. Cth : New Jersey, elects a Goyernor and one-third of its Senate and Assembly. New York, Secretary of State, Treas urer, Attorney-General, State Engi neer, seven Justices of tbe Supreme Court and Legislature Massachus etts, State officers and Legislature. Minnesota, State officers. Pennsyle vania, Supreme Judge, Auditor and Treasurer. Maryland, Controller and Legislature. Virginia, State officers and Legislature. Wisconsin, State PfHcer8 acd Legislature. Mississip pi, Governor and Legislature. Ne Justice of the Supreme Court and two Kegents oi the State Uni verity. On Wednesday, Dec. 5, the people of Georgia will close the elections pf the year. They will elect the mem bers of; their Legislature, and will ratify or reject by tbe popular vote the new constitution prepared by jthfl convention recently held at Atlanta. IJlmqis elects county officers Nov 6th: Frank Leslie's SundayiMagazIne For November contains 128 pages of tbe best reading matter tbe month will afford us. To its readers it must prove a source of mental pleasure and recreation. Non-sectarian in its principles, it is purely religious in tone and teaching. It contains 100 fine engravings. The opening pages treat of the progress of Japan, Rue sia, Egypt, Greenland andother' far awayDlaees are also noticed in its columns. The usual number of beau tifal stories, the "Home Pulpit," by the editor, Dr. Deems, a quantity of witty ftarasrapbs, poems, etc., com plete the work. Its intrinsic value to the home-circle is far in adyanc of its price. Every family should sub scribe to this beautiful publication during the year 1878, the January number of which begins the third volume, and will be issued early in December. Tbe Magazine contains - an average 159.G00 words, &nd ibe annual subscription price is but $3, single copies 25 cents, free by mail Addrrcss Frank Leslie's Publishing House, 537 Pearl Street, New York Spejjcer Donaldson vs. tbe Ntatc. The following is tbe Opinien de livered by Judge Turney in tbe mur der case of Spencer Donaldson, which will be of interest to our county renders : ormoK. Spencer Donaldson vs. the State: The theory of the prosecution is, the defendent having impregnated Pris- cilia Gregory, killed her to conceal bis criminal intimacy with her. In support of this theory tbe testi mony of Riclurd Waters is relied on, which is : "About three weeks before jibe deceased was killed, I heard defendant say, wor&en have damned cute ideas," (he and Evans were joking.) Pritchett (alias Erans) said, "yes, you would have been caught if it had not been for me." It seemed that Pritchett had been to defendant's and defendant bad been out. Pritchett said to defendant, "tbey would have caught you if the curly headed girl had not been pret ty sharp." The defendant said, "we had to lie like thunder or tbey would have caught us anyhow." Defendant said, "I will not send the little boy down tbere any more.'.' This was a curly headed giri they spoke of. Tbey used no names. This was admitted over the (Objec tion of the accused and alloyed to go to the jury. Tbere is nothing in the record pointing to tho "curly beaded girl" as the deceased. Upon the closing of the testimony and its failure to connect the testi mony of Waters with tbe deceased, the Court should have withdrawn it from tbe jury and have carefully cau tioned them to disregard this evi dence entirely in their deliberation upon the facts. This was not done, nor was it noticed in the charge of his Honor tbe Circuit Judge to the jury. . Whila we do not say it is positive or reversible error (nor is it necessa ry here) to admit testimony in tbe irregular way indicated, we think it much the safer and better rule to require the relevancy of the testi mony offered, to the merits of the case, to be shown before the testi mony is received. Jn this way all danger of bias and prejudice to the minds of tbe jury is avoided. Juries are not ordinarily practiced in the application of rules of lav to facts, nor are tbey often prepared to be come unmindful of facts proven, and to divest themselves of impressions therefrom, however illegal and irrele vant such facts may be. It is exceed ingly dangerous to allow matter cal culated to establish moral turpitude on the part of the accused to go to tbe iury, however foreign that mat ter may be to tbe issue involved in the trial, especially if that moral tur pitude have tbe effect of establish ing for tbe prisoner a capacity for tbe offense, claimed by tbe prosecu tion to have been his motive for th commission of the crime for which he is on trial. It is for violating tbe law by murdering Priscilla Gregory tbe prisoner stands charged. The motive insisted upon for tbe murder is the carnal knowledge and impreg nation of the deceased by the pris oner, and to hide his shame To these things the inquiry must be confined, his declarations or confes sions of criminal intimacy with "the curly headed girl" are not involved in the problem to be solved, can give no aid to its solution, but may pre judice a jury in establishing tbe fact that the accused has been criminally familiar with one woman, and there fore they may conclude, without proof, he was familiar with the des ceased. The record shows that Pritchett, with whom the conversation about the "curly headed girl" was had by tbe defendant, was a witness intro duced and examined by tbe State. If that girl had been the deceased, it was easy for the State to have shown it and it was its duty to have dpne so. Susan Gregory, the mother of the deceased, was permitted to depose, defendant objecting, "Tbe defend ant was at my house the day before the kijhcg j be went on out of the gate j as he went out I spoke to bimj don't know whether he heard it or npj ; 1 spoke out loud. I said, "go on, you. old Spepce, yon nave got my gal in a family way." He turned round and said, -'Are you talking to me ?" J said, no, I was speaking to Cilia." The purpose of this testimony was to fix upon the defendant a tacit con fession of the paternity of the child with which f'Cilla" was enciente. Properly qualified and guarded its. admission would have been legal, otherwise not. It was in no way qualified bnt admitted broadly. The Court should hava instructed the jury, that they mast before giv ing weight to it have believed the accused heard and understood the expression of tbe mother, and if he did bear and understand without denial, that would be a circumstance from which his confession of tbe charge might be inferred unless there were other circumstances excusing a reply on bis part. It was essentially necessary in this instance that tbe Court should have given tbe rule as to the character and weight of confessions to tbe jury, as the inquiry of the defendant makes it doubtful whether ho did bear, and the reply of tbe mother shows an unwillingness by her that he should hear, her remark. Noth ing in tbe record conflicts with the idea that the defendant may not have beard what was said. We cannot see how far the parties were apart ; whether the mother was in or out of tbe bouse; nor how far the gate was from tbe bouse. This point is certainly susceptible of plainer and more satisfactory proof. Reverse the judgment. TcKNET, J, eddcatIonal departBt. D. P. HURLEY, Editor. Co-Edwatiou or the Ncxcs. We earnestly commend the sub joined article, taken from tbe New York Wrfdt the careful perusal and serious consideration of all our readers, who, as parents, patriots, or philanthropists, feel an interest in the subject of female education. It contains, as will bfl seen, a strong and emphatic condemnation of the policy "of the co-education of the sex es, by the Board of Wisconsin University. Their conclusions de rive greatly added force from the fact that Wisconsin University has bpan heretofore pn of the leading champions in tbe West of the experi mental policy of sexual coeducation Five or six years ago, one of theii number said : "The co-education of tbe sexes in the collegiate depart merof the University is no longer a matter of experiment. 1U feasibility and success have been triumphantly demonstrated." Tbe Board of Visit ors, however, in their report to tbe Regents on that subject the same year seem to have had some doubts. They say: "It occurs to us that for the securing of tbe best advantages fif liberal education, the adminUtra tion of this dual organization of the University needs revising in some respects; but as it requires wiser heads than ours to indicate the best course, we confidently leaje the mat ter to your superior wisdom, with only this passing reference." Thus it will be seen that the con clusions to which we are directing attention are not mere ill-digested opinions hastily formed. Rather, they are conclusions forced upon them by tbe inexorable logic of facts. Experience, the mast reliable of all teachers, has demonstrated to tbem the convictions they now express.. The practical failure of their theory of co education has been wrought out before their own eyes, and they have the honesty and courage to confess it before the world. They derive their convictions from physiological reasons. A broader, more general, and more solid basis could hardly be found, upon which to rest such im portant and wide-reaching conclu sions. The distinguished Agassiz said that sex is not less a mental than a physical attribute; and that any scheme of education which does not practically recognize sex in mind is fundamentally erroneous. It is a maxium, that we should put into pur schools what we wish to have appear in subsequent practical life. If this be true, it is impossible that the same system of school-training can put into the minds of tbe two eexes what shall appear so widely different in their future domestic, social, industrial and civil life. The theory cf co education bimply asserts by implification" that training in school does not fit the sfudent for after practical life. But we do not propose to give our reasons for the opinion which we have long held upon this subject We merely wish in 6trong terms to call attention to the article below. You who have daughters to educate, read and ponder. Some time ago Dr. Clarke, of Bos ton, created a sensation by publish ing a book maintaining tbe theory that the co-education of the sexes was not desirable because the phyui- cal nature of woman rendered ber unfit after maturity for tbe continu ous application in study or labor which a man could undergo without injury to bis constitution. He bold ly declared that a young woman was not able to take her place beside a young 'man and do a man's work. uud he proved it to tbe satisfaction of everybody but that class of re formers who hold that the dignity and value of womanhood depend upon the closeness with which the sexes re semblo each other. Tbe medical ba sis on which Dr. Clarke proceeded made tbe discussion of the question a delicate business, but tbe report just published by tbe trustees of tbe University of Wisconsin cannot fail to revive the subject. This institu tion, like many of the colleges of tbe West, provides for the co education of tbe sexes, and in some respects its history goes to justify such a sys tem. According to tbe report of tbe trustees the young women at tbe University of Wisconsin show no mental inferiority to the young men. They exhibit the same proficiency in their classes, and, if anything, excel in tbe precision aud promptitude of their answers at recitation ; but the jr&llant officials do not hesitate to say : "We wore, however, deeply impressed with tbe appearance of ill health which most of tbem present ed." An investigation into the causa of this ill-health was made at once. Tbe ventilation of the college build ings, tbe sanitary character of their site, the quality of the food furnish ed to the studeuts, the condition of the apparatus for lighting and heat ing all tilings affecting the physical well being of those attending tb institution were carefully examined. The result was - that tbe trustees came to the conclusion that tbe only reason for the ill health of the girls Uy in tbe simple fact that they were girls and therefore unfit for tbe steady and wearing 6tudy of a course intended for men, especially in com petition with men. They put Dr. Clarke's theory clearly in explaining this unfitness, "Every physiologist is well aware that at stated times nature makes a great demand upon tbe energies of early woman uood, and tnat at tnese times great caution must be exercis ed lest injury be done an injury which, it is well known, may prove permanent. In order to keep place in the University clasees, where tbe sexes are educated together, no ac count is taked of tbe fact that the woman labors under a double disad vantage as compared with tbe man : First, in the circumstance that na ture compels compliance with its well established laws, and as above stated, makes demands upon her en ergies, and, second, that to keep her cla6B-standing the girl must devote more energy and consequently work haider to accomplish ber task, mak ing drafts upon her system, which, by tbe very nature of the case, is al ready taxed to meet tbe physiologi cal demand made upon it. It is also well known that overwork, in whatever way induced, at the times indicated, will produce deterioration of the syotem, which generally mani fests itself by bloodlessness ; follow ed by a traiu of evils wbicb it is not necessary here to enumerate. It is this very condition of bloodlessness which is so noticeable in the women of tbe university at this time ; tbe sallow features, tbe pearly whiteness of the eye, the lack of color, the want of physical development in the majority ad an absolute expression of anaemia in very many of the wo men students, all indicate that de mands are made upon them which tbey cannot meet. Tbe trustees are not opponents of any woman s rights movements, but simply officials who have tested tbe working of one of the educational movements of modern life and find grave reasons for donbting its wis dom. Their observations should lead us to consider whether, after all, the generations which preceded us may not have reached some sound con clusions in regard to the great prob lems that perplex humanity, and whether tbe separate education of the sexes be not such a wise conclu lion. Is not identity of sexes in labors, in garments and in mental characteristics the outgrowth of sav. age life, and the differentiation of tbe sexes in dress, education, work ynd habits of mind a mark of civilization Y Are not the so-calied reformers who seek to make woman merely "the leaser man" going backward instead of forward? A RUINOUS TAX! OX BLOUNT COUNTY May be saved by getting Nursery Stock of the Maryvllle. Nursery. Anything needed in the Nursery line will be furnished. Send in nnWa pnrlv and tret the most reliable varieties of fruits tbe world affords, such as are best adapted to our soil and climate. if. EL.L.1U 11, Proprietor Maryville Nursery, Mary Me, Tenn. 2 Kixns FARMERS, Look to your interests, and take your Prod uce where you can get the cash for all you Lave to sell. COX. SMITH & CO., LouiiTille, want during the Fall and Winter taS" 5,000 busnelsWheat, Sri0.000 bushels Corn, I2r 5,000 bushels Oats, gar 5,000 bushels Peas, tetT 500 bushels White Beans, &2T 4,000 pounds of Butter, 2,000 dozen Eggs, sji- 1,000 Turkeys, WSr 5,000 Chickens, aST 3,000 pounds Feathers, QT 5,000 pounds Dried Apples, ftor 5.000 pounds Dried Peaches, VS" 2.000 bushels Irish Potatoes (laree size, for cooking and table nse don't want small Potatoes at any price ) We will nav the hiehest market price in CASIL on delivery for any of the abovo named articles, in large or small quantities. Farmers now have a Bnlendid ODDOrtunitr of getting money to pay taxes or for any purpose, by gearing up tneir wagons ana taking a load of Produce to Cox. Smith fc Co., Louisville, and return home rejoicing, .... A M. t - with tne run value in money in weir pock ets. LoisuvlUe, Tenn., ) ' Cox, Smith A Ce. Oct. 0, 1877. f ITOTIOE. W. 8. McTeer, Adm'r of Sam Smith, dee'd vs. Tbe Heirs at Law of Samuel Smith, dee'dL BY virtue of a decree of the County Court of Blount county, Tenn., ren dered at the October term, 1877, I will proceed to sell to the highest bidder, at the Court House door in the town of Maryville, on Saturday the 8d day of November, 18 77, a certain House and Lot, being and lying in East Maryville and District No. 9 of Blount county, Tenn., containing one- fourth of an acre more or less, near the Waters' mill-dam and adjoining the heirs of Samuel II annum, Elijah Walker, and perhaps others, and known as the Samuel Smith house and lot. Said sale will be made upon a credit of six months time, except ten per cent, of the purchase money, which will be required in hand on the day of sale. Note, with good personal security, will be taken for the remainder, bearing Interest from date, and a lien will be retained on the said ropcrty until the purchase money is fully paid. . This Oct. 3d, 1677. J. A. GREER, C7er. NORMAL INSTITUTE. Those who desire to aualifv themaelTM as Teachers, and to receive a thorough training tor tbe rrolesBion, or to prepare, themselves to fill anr nonition. nrnfeulnn or calling in life creditably to themselves and their race, will find it to their ad vantage to attend the Frbkbmex'i Normal Institute, at Maryville, Tennessee. 1 lie terms are so low as to be within reach of all. They are, for Tuition 50 cents per Month, and for Foci, and other contingencies 50 cents per Year : making a total cost to each pupil of Fiv Dollars and Sixty Cents a Year of ten and a quarter mouths. Students are admitted at any time during a session, and will pay only for the tim from admission to the end ot the session. Those who are entitled to the Public School Fund, will attend free of charge for Tuition, while this Fund is used in the School, Widows in Indigent circumstances, and Mixistehs of the Gospel, may attend them selves, or send their children to the Insti tute Free, of charge for Tcmox. There arc Three Coufbkb of Btcdt the Elementary, tbe Advanced and the Clabrioal. Any one graduating in the Elementary Coui-Be will be able to obtain a First .CIsm Certificate from County SuperlntendtnU, and, of course, such graduates will also ob tain constant employment at best wages. Board may be obtained at low rates. For further Information, or for cata logues, address Wm. P. Hastings, Maryville, feRB , Aug. 20, 1877. CASH PRODUCE,