Maryville Republican., October 27, 1877, Image 2

About Maryville Republican. (Maryville, Tenn.) 187?-1877

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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,