f It. L. JOX2IVSTO, Editor. HH 1 X FaBEUlM WH021 TRVTII MAKES FREB ARD ALL AUE ILATE1 CKMD2. VOLUME EBENSBURG, PA., THURSDAY, FEBRUARY 6, 1868. NUMBER 2. 4 ft Louisa Muhlbach's Historical Novels. L. APPEETOX & CO., 413 au! -A IS liUOAUWAT, Xw York, HAVE JUST PUBLISHED T11K EMPRESS JOSEPHINE. An Histo rical Sketch of tho Days of Napoleon. 1 v..!., 8vo. Paper Covers, 4l.o0; Cloth i'2. iNAl'Ol.l.ON amd tls QUEEN OF PRUS SIA. 1 vol., 8vo. 1'aer covers, 11.50; Cloth. THE DA (J G HTEE OF AN IMPRESS. 1 voh.Svo. Illustrated. Papc-covers, 1 1X0; Cloth, 12. MARIE ANTOINETTE AN! HER SON. 1 vol.. Svg. Pat er covers. $150; Cloth, $2. JOSEfil fl. AND HIS CULTf. Transla ted froAi iho German by Aelaide de V. Chaiidrr-n. 1 vol., 8vo. Coth, $2. rKEDEPJCK THE GREAT AND HIS COURT. Translated from the German by Mrs. Chapman Coleman ad her Daugh ters. 1 vol., 12mo. 434 pa. Cloth. $2. BEhl.lN AND SANS SOUS; oa, FatD j:rick the Grkat and Uis'j'uieneSw i vol., 12u... Cloth. J.2. THE MERCHANT OF BERLN. Trans lated from the Gerruau by Aiory Coffiu, M. D. 1 vol.. 12 m. . Clot?, $,. FREDERICK THE GREAT AND HIS FAMILY. 1 vol., Svo. .iustrated. CUlh. $2. IX UiSA UE r RUSSIA AND HER TIMES. vol.. Svo. lHustratei. paper covers, '..CO : CVth. 52. i HENRY VIII. AND CATHARINE PARR. An Historical Novel. By L. Lluhibach. 1 vol., 12nio. Cicth, $2. I'rvmluent CUarictertslics. I. TllKY AUK iNbTKLCTIVK. "A purely literary works, these histori cal romances pot.si a Lirb degree of merit. They icaJ like genuine histories. Catholic World. Thi v nre correct descriptions of tho countries -Mi-1 the people described. aid. 11. -Ker- -Tlli Y A UK HxTtRTAIMSO. "We i ;;ard thcs books as anions the Lest and liiort entertaining novels of the d.iV." Springfield Republican. A,The reader is at once fascinated and held KpeU-boiiuJ until the Vol unit is completed." Tiiero is no dull chapter iu It." Utica Herald. 111. Tum auk Mir.Ror.3 or the Times. "No one can peruse them without conce ding the author's great t-killin grasping aud delineating the characters wL'-ch ti-ure cou t'picu usly in them. "The :ti.dy which enables the author to l.!ir.'..t:' s accurately the etno'liouH and in centivee t. action which iiKvtd men and wonu-n f a pat ago must be close and 'un tiring, and Louisa Muhlbich shuws in all vf her woiks a pn taction which carries tho lcadi-r into I he very presence f the charac ttrs represented." fyiacuso J(.unal. IV. 'i"jn v akl IIiiroiucAi.LV Coi:i:ect. llijtorici.'.ly correct, and as tntertainin many ol the vo'.aines of Sir Walter Scott." na Providence Herald. 4-L uiisa Muhlhach urnsv have carefully vnd diiigntlv stulied the secret histories of the times and countries of which -hc writes, and lior ta.-k is done well ad tfTcclively." Worcc-ter Spy. "No Historical Novelist has labortd ho faithfully to reproduce a complete pictuie of ' past times and events." Ctica Ileiuld. V. TlILY AUK OiUGINAU It has agreeably surpiised realers to fir.d u lif-v writer with Mich coubtiuclive genius und knowledge of character us LonUa ilul.! bach p.jKsesses." Public Ledger. "Each succecdiiie; novel hiI.Ib to LIrs. Mundt's reputation as a wiiur of historic lictiou." Ne.v Yolk Times. VI Tni.Y -vv.n tlll or I;.:acix.vtion. 'She is M.t only the skilful joiner, but a neat-handed art;.. in." Christian Witness. There is ui-ldoia any t.trr'inin afu:r tf-f-rt but it is icaliv wonderful how luadame 24 tm dt manages to casta: a and increase tka I iuleri-Et to tl.tr cud." -Th word-painting of the authoress is much in' re elective ttian the host eirurts of the engraver." Illinois State Register. VII Tiu.y Contain Anecdotes of Coluts. Scottish histc-ry tflercd uo fresher and more romantic matciial to tho magic work ing hami (.f Sir Walter Scott than the finds in the annals of the German courts." Evtn i Gazette. There a.e not to ba found anywhere ia I.utnau annuls, tinused, bucli maguiflcent, buch superabundant material for romance, ii clog the chronicles of the Prussian aud Austrian courts cf the 18th century, liy their dress, their manners, their modes of thought, their language, they are almost as much separated from us as if they had livei one thousand years ago." Observer. VIII. TlU.Y TLLI. AUOCT ElU'LUOUS, Kings, and Q-jkhss. -We learu froai her not only bow Ered crick William aud Frederick tho Great, Joi cph the SeonJ, Voltaire, Rousseau, liarou Trenck, the Empress Catherine, walked and talked in their crand roles, but how thy powdered their hair, ilirtcd and took tea." Register. The choice of her subjects exhibits her penius. She takes the time of Frederick thu Great, Joseph thej Second, fir example, and upon the background of facts which the chroniclers of tho periods afford, she embroi ders the bright and soiabre colors, the light tad shade of her fiotmn, with the tkill of ti ccuumiiiate aitist." The Eagle. IX. Tllli SXYI-K IS I NTtliESXlNU. 'The style of thii writer for purity, per spicuity and elegance, is something greatly to bo commended. It isfrea from imitations, mannerisms, and tricks of every kiuci." Tho Argus. rJe translations do justice to the vivid, -.Icuant stylo of the original ; ami the story 4 fulJ of movement and crowded with eu iertaining ar.d iuitructiva incident." Tho Chicago Post. The interest of Ino book does not depend upon its characters nor its incidents, nor yet on in tharcaing fclyle, but in iu barniony of coaipooition." Day Dook. X EVERTBODY U nr.DlSQ ThKM. ' Our people Ken tcbarc fetjr ped radinj French novels, and English works are com plained of as dull. Mi Mulilbuch precise ly supplies the public want. -The novels of Clara llunut are being read ly every one." Times. "Muhlbach's novels have & worl I-wiJo reputation, and are read with avidity, as fast as issued from the press." Springfield Republican. 'They are winning a wide and deserved popularity in this coun try." State Journal. Eillter of the Xucds aetd free hy viail to any address on receipt of the jiricc. QU5CK. SALTS riCI& S.iLliS, UICI S.tLCS, AND SMALL PROFITS. AND SMALL PROFITS, AND SMALL PROFITS, GURLEY'S NEW CHEAP STORE. . GURLEY'S NEW CHEAP STORE, GURLEY'S NEW CHEAP STORE, EBENSBURG, PA. ' EBENSBURG, PA. EBENSBURG, PA. e Largest Stock of Goods. The Best Select- aud the Greatest Variety ever brought Town. LARGES CHEAPEST AND BEST. LARGEST, -HKAPEST A;D jiEST, LARGEST, Cr-sApEsT AND BEST, GO Asp SEE. GO ANa SEE. GO AND SEE. Tli subscribei calls the attention of the pubiato the fact, that he has juat receiyed and (pened out in his New Store, a large stockf goods, consisting of FUUR, CORN HEAL, CHOP FEED. Branfish. Bacon and Cheese; Sugar, Cof fee, T, Molases. Spices, Tobacco, CiarB, Cand Soap, Vinegar, &c &c. NCIONS, DRUGS, PERFUMERY. StonevVe and Earthenware. ALSO, a fine assorts of the best Rnd latest style of Hats. ie always kerp3 constantly on i band Bgna Sausages, Sardines, Fresh and Spiced ters in e&a, or half cans, and al most etythiug hi the eating octainking ne. A f which will be sold al kmu.il proCl. 1 GEO. GURLEY, ix Stkikt, Ebbitssukg, Pa. JaBua.,81, 1887. - - y SUPPLIED AT LAST I THE U CLOTHING STORE FALL1, WINTER STOCK There is ned now of golug to any place distfrom bome to purchase EeadHade Clothing", as the Fubtk-ru have not only ia store ot M&in ft three doors eabt of Craw for Hotel, a full line of OvzBcoAiVnocK. & Dress Coat, MS1XLUXD OTHER COATS. Cassimere ir),jct.kin 2anta!oouo, Panta loeis for y day wear, Vests of all etylwsl texturen. and Gea tle.i FFRNlSIIJNa to suit ail purl..r3f a9 weji as Trunk Vii4e8 Carpet-Sacks. Ivies' artwui's Traveling Bsgs, Z.C., tut we aj-ejared to tell goodo at as Reiubl Prices as I ke articV.- i,3 purchased front any dealer in thiit;0;i 0f tjlL. sUlc. Our STOCK IS lAND PRICES DOWN to tht times, M pt-ibMi. cau tatisfy hiiu bo'.f who Yo:a- eatallisLuJtLt. CS-RvTr.rriibeii this is the only regular, rst-cku Ciothilore in Ebtnsburg. a:..l in variety, txtti cLeai ne;-s of clock it will be found uuJeJ. Everybody is in vited to gwo usR. .wt.lT.'tiT. MAGCIRE ic CO. SI ECU RE 11 SHADOW ERE TUX SUlSCZ FADES. PICTURES FJHE MILLION. Having located bensburg. I would re poctfully inform labile that I am pre pared to execute P)GRAFJIS iu every style of the ait, fr smallest card Pic ture to the largest! for framing. Pic tures taker, iu any f t weather. PHOTOGIlAPJlilSTED IX OIL IXDA JXK OttEIi COLORS. Every attention t$ to tho taking of Children's pictures. flclear weatlitronly. Special attentioinvited to my stock of larsre TICTURllMES and PHOTO GRAPH ALBUMSch I will sell cheap er than they can jpght elsewhere iu town. Cojyinj xuStginj done on rea sonable terms. I Diuparigon and defy competition. 'v Thankful for ptuoirs, I solicit a con uance of the fame, sry on Julian street, tTii door6 south of rjljall. . T. T. SPSi Photographer. Ebcnsburg, Not.ISC". VALUABLE JPEKTY FOR V SALE. The fncd offers for sale EIGHT ACRES O&P. adjoining the Borough of Chest Spi Lambna county, having thereon fcrecg!?0 -flank Zluuse, Frame Stable, and ooatbuildings, with a naver-failiug pprlcf iter and an excel lent young orchard M premises. The land is tti a high stf cultivation, and the property altoget'cild be a most de sirable home for anywishiug to buy it. Vor further inform a tpIv to ' CAUSE ALLSN. Chsst Springs, De, l,87.v7t. riginal IJotlrg. AQXES 1ST TUE IlIVEn. The following simple and plaintive lines more than sustain the reputation of our friend "Linnet." We commend them to the admirers of the pure and chaste In poetry. Oh! my little bird, my Aguc-s, with your eilver sounding notes, And your son that tells a story sad and swest ; Now ycur voice is rising Boftly, and I listen as it floats With the wind that stirs tho ripples at your feet.. There is something in the cadence that the words have never told, When by other lips and other voices sung; And lb strain is new in power, though the song itself is old, When it gathers life and sweetness from your tongue. Ah! the sadness and the tendoruess 2nd echo in your heart : And I've heard that hidden sorrow 6peaks in song, Making voices sympathetic, iu the unison with art That is tender while It teaches to be strong. Oh ! I long t draw your forehead closer, closer, for the cloud That is resting there, and brush away the waves That in brown profusion merge it, like a floating lily bowed, 'Til ciressingly the limpid water lave3. All its snowy petals. Agnea, bend youi lily forehead low : Let the snowy tresses o'er the temples drift : Then my hands will part them softly, as the gentle zephyrs blow All the waters back, the lily cups to lift. Tor I too have tasted sorrow, and in tilence suffered much. And have learned the art of comforting lhrsly ; I have sympathy for others, having nih-sed its gentle touch When my heart was weak and faint enough to die. That is past I But I am talking as If Agnes heard me now : Yet I've spoken what I meant her not to hear : And she only heeds the singing of the thrushes on the bough That is dipping in the sunlit water near. They have taken tip the ballad where ii.o left it off. I think. But her thrushes have no need of earthly words. Oh I I think our God has given, as a last connecting link. 'Twixt the earth and sky, the voices of the birds. Ohl my little bird, my Agnes, you are nearer sky thaa earth : Since you lead me oft to tern from earth to sky : And ycur voice' mcurcful sweetness may be better than iti mirth. If my heart Is raised to Letter things thereby. Lishet. je $ojnsfofcm gisnsltr. THE GSEAT RAIL ROAD CASE. As promised Inst week, we subjoin the points presented by l'laintifTs counsel, and their negatbn by the Court, in tho case of David Gillia vs. Pennsylvania Railroad Company. These points em brace the views taken by the counsel Tor I'laintiffs, find are presented as part uf its history : We now, gentlemen, take up the points eubmitled by the counsel for the l'laintifl". The Court is requested to instruct the J ury us follows : First, That the defendant, in the exercise of its corporate franchise, 13 bound so to use its property rb not to endanger the life or limb of third parties, and where injury results from its negligence it is lia ble to damages for such negligence. As a general proposition, we affirm this point. Second, That if defendant permitted third parlies to use its road by running a ppecial train over it, tho fame liability would urise from th injury to third per sons us if the train had been run by its own officers. This, gentlemen, would be true in re gard to any injury that they might do. For example, bad it obstructed any public crossing, and injured any one upon it, the Pennsylvania Kailroad Company would be as much responsible as if they had not surrendered the train to tho. management of another or others ; and in any instance in which they might be chargablo with negligence, resulting in usjury, equally so if it occurred by a special train. Third, That if they believed th struc ture was insufficient to support tho plat form, with tho persons congregated upon it at the time of the accident, and that no notice was given to the plaintiff of that insufficiency, a case of such negligence is made out as will entitle the plaintiff to damages commensurate with tho injury ho has sustained. We refueo to answer this point as re quested. It seems to us that the Compa ny was not bound to furnish a ptatiorm Tt-AMES C. EJT, Attoksey-xt-Law, CrroliOamlria Co.. Pa. Coileeti and all ln lata nroninLlv ' i.rii.MAit1i utrnno i hpr tVn rn.1 i!.n atTwiied to. 3iH 1. 1J67. I ut!rm it. Wa haVa instructed viu that i j i : r. t- uuubi iu piuiuiy piuviuua tauia ui iuis case they wer not bound to furnish such a cti. If fh?y were not booud te furnish IF you want to bu&s on Ion;; credit and pay big pi- t to to rv tiiifvtr ET'a UrJN'TLET'S. one sufficient for that purpose, they were not bound to give notice that it was not sufficient for that purpose. Fourth, That if they are satisfied there was negligence on tho part of the defend ant, the question of concurring negligence on the part of David Gillis is entirely for the Jury ; and that there is no evidence of concurring negligenca on his part before ihem. We refuse to answer this point as a proposition bearing on this casa. Fifth, That it is tho duty of the defend ant to know tho capacity and condition of its own structures, and its ignorance upon this subject would not relievo it from liability to a party injured upon the grounds of negligence. We say to that, gentlemen, that if the party is liable for negligence, their igno rance would not excuse them where there is liability. Sixth, That the duty of the defendants to provide fcafe and sufficient platforms is not limited to the ordinary business of the road, but must be equal to any occasions that may occur. We refuse to answer that point as re quested. Seveulb, That if the Company gave either an express or implied invitation to the public to meot tho 1 'resident at their Station at Johnstown, it was their duty to make the platform sufficiently etroug to support and protect them from any ac cident over which they had control, whilst on its platform at said Station. Wo refuse, gentlemen, to answer this point as requested. T here is no evidence that there was an express invitation, and to spak of an implied invitation has put the question just whero we have dealt with it already. Eighth, That if large crowds of people were permitted for several years to assem ble on that plutferm, and it was suffered to remain exposed to the weather for over six years without repairs, although the Chief Engineer of the Company had been notitied as far back as the year 1802 of its insecure and unsafe condition at that time, it was gross negligence to permit h multitude of people to assemble on it af terwards, and especially on the occasion of the President's visit. Wo refuse to answer this point ns re quested, as the controlling piopofcitions in the disposition of the case. Ninth, That if evidence satisfies the Jury that an unexperienced and incompes tout carpenter was instructed with the duty of examining this platform as to the re pairs required, and that this examination was made carelessly and negligently, it wa3 gross negligence if the Company bad notico of the purpose for which the Presi dent stopped at Johnstown. V"o refuse, also, to answer this point as requested, as a proposition bc-ariBg in the cas.2. Tenth, That if the Jury halieve that the carpenter entrusted with the repairs of tho platform, could, by careful examir.as lions of the structure of such platform, have had knowledge of its insecure, rot ten and unsafe condition, notwithstanding in place of endeavoring to strengthen it by replacing tho old and rotten timbers with new ones, be laid new two inch plank over the rotten timber, thereby weakening it, and making it a3 it were a trap or pit fall for the public, by leading them to be lieve it had a strength that no multitude of people could break dovn, the defend ant is guilty of gross negligence. We refuse, gentlemen, to answer this point as requested, as a proposition appli cable to the present inquiry at issue. Eleventh, That if the Jury believe that the tunning of the train as far Eastward was calculated to bring the crowd on that part of the rotten structure that covered the chasm or vacuum over the bed ef the oid canal, it was gross negligence if they believe that portion of the platform was rotten and dangerous. We refuse, also, to affirm this point. Twelfth, That if the Jury believe the defendant was a party to the arrangement for the President and Buite to stop at Johnstown, to see and converse with the people at that place, nd that they had reason tw anticipate a large multitude of people to meet him there on that occasion, it was their duty to stop I heir train at tho most secure and safe place- adjacent to said Station for such purpose, and if they did not do so they were guilty of gross negligence We refuse to affirm this point ns a prop osition applicable to this case, or control- ins its result. Thirteenth, The Court is requested to Instruct the Jury that negligence on the part of the defendant is purely matter of fact, and exclusively for them. What is negligence may often be, and most generally is, a question of law. Whether the facts iu any given case prove negligence, is generally, but not always, a question of facts for the Jury. When the facts are admitted, or so clearly pro ven that there is do conflict upon the sub ject, then there is no question of fact to be sudmitted to the Jury upon tho ques tion of neallgence, any more than any other question. We refuse, therefore, to affiirm this proposition. Fourteenth, That if they believe tlm injuries complained of by the plaintiff were the result of the negligence of tho de fendant, to which the plaintiff did not con tribute, then they should find for the plaintiff. W refuse, gentleman, to affirm this ptr.t. Fifteenth, That if, from the cyidencc, the Jury believe that the platform which. 1 on the 14th September, I8G0, broke down anu injured tne ptaintitt and others, fell through any defect in its original plan, or defect in its parts at the time, that Would be such negligence on-tho part of the Company, as would entitle tho plain tiff to their verdict. We answer this in the negative. Sixteenth, That the defendant is a cor poration created by law for the transpor tation of freight and passengers ; that, as incidental thereto, it is required by the law to keep and maintain freight and passen ger depots, platformw, &c., for the accom modation of the public, ulong its line and road ; and, Seventeenth, That any injury to one so being and standing upon the platform of such Station House, by the Company, is such negligence as in view of public policy would subject tho defendant to damages, and their verdict should be for the pluiqtiff. That, gentlemen, would depend upon circumstances, such as who tho claimant was, and iu what relation he stood to the Company. As a proposition governing this case we answer it in the negative. Eighteenth, That it was the legal duty of the Company bo to construct tho plat form in question as that it would not break and fall from under any such num ber of persons as its Burface aud general external appearance might invite upon it 9 and that if, in fact, it be found such duty was not performed, then that omission was such negligence iu this case as would entitle the plaintiff to their verdict. We refuse, gentlemen, to affirm this point. Nineteenth, That it was not only the duty of tho Company to construct but to keep and maintaiu its platform at this most public and important Station in such complete and perfect condition as safely to support all such numbers of persons as could stand thereon, and if the Jury be lieve it was not so kept and maintained, but broke down and injured the plaintiff, then that is such negligence as would en title the plaintiff to recover. We answer this in the negative. Twentieth, That Rail Road Companies are not only bound to erect and construct their Station houses and platforms in tho most convenient places for themselves, but also consult the convenience and safe ty of tho public, and that if the Jury be lieve that such convenience and safety was not fairly met in the erection of the Station house and platform in question, then that was such negligence on part of the Company &b entitles the plaintiff to your verdict. We answer that, also, in the negative. Twentieth, That Rail Road Companies are not only bound to erect and construct their btation houses and platforms in the most convenient places for themselves, but also consult the convenience and safety of the public, and that if the Jury believe that such convenience and safety was not fairly met in the erection of' the Station house and platform iu question, then that was such nogligencc on part of the Com pany as entitles the plaintiff to your ver dict, We answer that nho in the negttlive. Twenty-first, That it being the duty of the Company to consider well and wisely the convenience and safety of the public, it became its duty to construct its. plat form in question, at the Johnstown Sta tion, over the Canal abys?, out of such material and in such manner, and so to maintain it, that no number of persons nor length of time cou'd break or destroy it ; and that if the Jury find that this has not been so done and kept, then that in thi case was such negligence as entitles the plaintiff to your verdict. We refuse to affirm this point, the af firmation of which would be to give it con trolling application to the case we have already taken from you. Twenty-second, That if the Jury be lieve from the evidence that the abyss into which the plaintiff and others fell, on the occasion and place in question, from the breaking of the wooden structure spanning it, and resulting in the injuries complained of by him, could have been spanned or protected by arched mason, or brick, or either work, so as to render it perfectly secure, that that not being done is such negligence of the Company as to entitle the plaintiff to your verdict. We answer that point, also, in the neg ative. Twenty-third, That if you bolieve that the Pennsylvania Railroad Company, whether with or without compensation, brought upon its Road, with its motive and other power, a special train cf cars to the Johnstown Station, with or with out bargain to pay, on the 14 th Septem ber, 18G6, andtherebyjiujurod the plaint iff without any negligence on his part, which fact is for the Jury, then their vor dict ia this case should be for the plaintiff. If they had surrendered their train to another party, and had injured the plaint iff under circumstances that would have rendered the defendant, if running it, lia ble, this result would follow ; bit as this proposition stands we do not affirm it. Twenty-fourth, That if the Jury find from the evidence that the defendant here (being the Pennsylvania Railroad Compa ny) surrendered the management and con trol of the bpecial train which bore Presi dent Johnson and a certain McMurtrie to Johnstown, on the 14 th of September, 1W, an thereby eaueed te largo a num ber of prns to assemble on tho platform of said Company at the said Slafion as to break it down aud injuro tho plaintiff, that is such negligence as to enlitlo the plaintiff to recover. We answer that point in tho negative, Twcuty-flftb, That so fur as tho duties and liabilities of .Railroad Companies are concerned, there is no such distinction on ordinary or extraordinary occasions, and if you find that the Company were an es sential element in the cause without which the injury complained of could not have been iufficted. and that the plaintiff did not negligently contribute thereto, then your verdict must be for the plaintiff, We refuse to affirm, that point also. Twenty-six, The court are requested to instruct the Jury that the fact of the serving of a subpoena duces t, guru upcu Mr. Given, agent of the defendant at the place of accident, to produce the timbers taken away by the Company, after the break down, and not having dono so, it "13 their right to infer f.om such nuuproductiou its unsoundness. Gentlemen, we do not know anything about the subpoena in the case. The prop er course for the party to have taken, if a subpoena duces tecum had been served up 011 a witness, and ho did not appear and bi ing what he was bound to do was to apply to tho Court for an attachment. There was no tuch application niadu here, and we heard nothing of this subpoena until after the plaintiff closed his case. If he had applied for an attachment, I do not believo we would have awarded it, requiring any person to bring a car load of lumber into this Court. We refuse to answer this point as requested. Twenty-seventh, If the Jury believe from all the evidence that tho Pennsylva nia R. R, Co , the defendants iu the case, knew, or might have kno wn, th-j purpose or purposes Lr which the President stop ped at Johnstown on September 14;n, 18CG, and that from such knowledge, or what they might have known by reasona ble foresight and diligence, there was rea son to anticipate a targe multitude of peo ple to meet, see and hear the President, at Slid place and o:i said occasion, thou the said defendant was jruilty of gross I1-J?':'alince unless they used ordicary care, such as prudent men wouid U50 under similar circumstances, to provide against any accident, and especially tho accident which did occur at fcaid place ; and that is a question for a jury. Wc answer this part, also, in the nega tive. ' It will be perceived, gentlemen, that maay of these points, as abstract proposition?, are correct, but as wo do uot regard them, singly or on the aggregate, as controlling this case, wo virtually nega tive them all, with the qualifying remaiks made as we have read and answered them separately. Wre are pleased to know that all the questions are raised which can pos sibly be made in this case, and that when it goes to the Supreme Court the parties will have an opportunity of having it fi nally settled. We instruct you-, now, gentlemen, to return a verdict for the de fendant, From the Illinois Staats Zeitung. Pedeotrlttisisiii, Tlie Hlost Re Liiurliuble Feat oa Record. Ia the report of the arrival cf Weston, the pedestrian, in this city, our local editor, in an excess of Chicago patriotism, for which our readers will forgive him, made the remark : "At all events, Wes teu has performed a greater pedestrian feat than has ever been accomplished by any mortal before." As a local puff, these words need not be too carefully weighed ; the report may be allowed to pas. liuf, in tealitr, what Westoa has performed is the merest child's play and cannot be mentioned in comparison with that which was done by u man whose name many of our readers will remember, for, thirty years ago, he was as well known in Enrope as more recently have been Fanny Ellsier, the maacian lionco, Catalin, or, ten yours later, Lizst or Jen ny Lind. We mean the Norwegian Men sen Ernst. This man, born at Ilergen, in Norway, 1799, Qrst a sailor, then a pilot, begaD his career as a pedestrian in Eng land at the age cf twenty, walked from London to Portsmouth, a distance of seventy-two English miles, in nine heurs, At the rate of 100 miles in 13 houi-p. The distance from London to Liverpool, 150 miles, he walked in 02 hours, or at the rate of 100 miles in 24 hours end forty minutes. But these remarkable performances were only an earnest of his future pedestrian feats. According to the terms of a bet of 100,000 francs 520,000, of which, in cafe of success, he was only to receive 4,0l?0 fraacs $300 -he agreed to walk, in fifteen days, from Paris to Moscow. At noon on the 11th of June, 1S22, he started from Place Vcndome, Paris, and on the morn ing of the 25th of Juno stood "before the Kremlin, in Moscow, accomplishing tae distance of 452 German miles, or 1,600 English miles, in thirteen and a half in stead of fifteen days, or at average of 107 ruile3 a day. A&ti ho did this with oat being accompanied by a carriage and trainers, and bis food and drink were not prepared for him beforehand at every ho tel on the route. On his road lay Rok ituoond liodrisk, which gave htm untold difficulty, while, between Smolensk and Borodino, ha had a pack of wolves for companions, who howled around him, though happily at a safe diataoco. but in face cf all these difficulties Ernst sev er for n moment lost his temper, taj distinguished himself as a great scold, as did V.'oaton, or fancied that he was soma wonderful parsonage on whom tho rude ness of throwing out c f tho window a dog presented to him in the greatest of kind ness must be overlooked and considered as an interesting pioc of pleasantry. Ia Ernst a auitable sense of propiicty and common ser.se kept in cheek the admira tion which h"i3 great physical feat natu rally excited. It never ooaurrod to any one to bring their children to tho road that he might name them, or to offer hini an escort of police, or to give hiia aueh a reception as is customary, to give to per.erals and statesmen who nre deser ving of their country, thug degrading all such ceremonials of honor. For what dignity there can be iu receptions to Grant or Sheridan, if they must ba shar ed by one cf the genus humbug? In short, Mensen Ernst walked 117 miles a day for 1Z.0 days without making com plete foola of tundry huudicd thousand Europeans, while Weston ha3 rnde America crazy because in 2G days (with three days for rest, which Ernst did not have,) he has walkedjfrom Portland to Cbic:i:o at the rate of 40 1 miles a u.-y. In 1S3U Ernst accomplished a pedestrian journey which, if the remarkable difficul ties of the route are considered, must U pronounced tiil more woudeiful. Ou the Cth of June he left Munich with let ters from the Queen of Bavaria to her sob, Otto, the then King of Greece, and on July 1, delivered these letters at Nauplia. It was a daring undertaking for without a guide he made his way over lofty moun tains, l" r 'Ugh the dcp ravin-: s of tho lllyrian Alps and the Balkan, to find his path through trackless forests, aud swim and ford rivers, with only a compass and his seaman's knowledge to guide him. Sometimes he was obliged to swim across rivers two or three times in a few hour, so that he was obliged to go the whole day in wet clothes ; entirley ignoran 1 of tho Slavonic, Mnyar or Turkish dialects, ho was uuabled to make inquitics about the road. Ia Mi'ntenef;ro ho was attached by robbers, and saved only his letters ; at another lime he only escaped death by the use of bia limbs. On Turkish territory ho was Jtainid three days by the i'asha of Jiuunia Making allowance for these throe days, ho accomplished the journey in twenty-one days, that is an average of eighty -five miles a day, winch in consideration of tLe extraordinary dif ficulties of the route is a greater feat than the walk from Paris to Moscow. But tho mighty undertaking with which Weston's feat is us a molehill to a moun tain, he accomplished in 1830. On tho 18th of July he started from Constantino ple at 5 o'clock in the morning for Calcut ta, with letters to a banker there, which he delivered in Calcutta on tLe 27lh of August. After a rest of only three day ho commenced tho return journey, and arrived in Constantinople October 2-d. In sixty days making due allowance for the stop in Calcutta he traversed tl.o mountain wilderness of Asia Minor, tl deserts of Syria, the plains of Persia, lh mountains aud gulches of Afghanistan, the Himalayas where he sotuciirits hd; to use snow-shoos a distance of 1,170 miles, on an average of eighty-two miles a day. These are all facts which hava received the mot-t perfect confirmation wid to which thousands cf living witnesses iu Europe will testify. The last trial of his strength it is vary easy to bring- proof i f from files of English papers of that year. It seems to us that villi such facts in view as the above, wo can well spare our breath and ink in speaking of fuch a feat as Wci"ton'& as "unpiecedvnted' or 'un narallelea." In comparison with Men sen Ernff, Weston is a "poor ftick.'' Axcikkt Chisa. A resurrection of some Oriental literature is very humiliat ing to our Western and nineteenth century pride, in fhowing how ?far the CLine&o had gone in point of civilization wheu Europe was barbarian and America un known. They were burning coal bt foie the Christian era: they Were punting A. D. 5ol, with black, and lithographing three centuries later. Yet another cen tury and they were using movable types of terra cotta, porcelain, water-tight compartment, shins portraits for catching criminals all these were known to them in tlure days. And it even appears that 919 years before Christ these Celestial used leather greenbacks. The Chinese had also the tradition of the Madonna and child. This symbol was the Tien-How, the Queen of llcavtn, represented a nursing her infant son, who holds a lotos bud in his hand, as a symbol of tho now birth. There is a model of this group, u porcelain, in the Ethnological Museum of Copeubpcri. The Optimist. A Goob-Niqht Kits. Always send your litllo child to bed happy. Whatever cares may trouble your mind, give tho. dear child a warm good-night kiss as it goc to its pillow. Ths memory of thl in tho stormy years which may bo m store for the little one, will h like Bethle hem's star to the bewildered shepherds and..woliing up in the heart will free. the thought : "My father ; my mother, luted Lipi jiarched with favor will bvoam dewy aain at this thrill of useful memo ries. . Kiss yorir little, child before it rot,- to sloeo. rn n ti rd. 'am , U r s". ; Er. h u ?:; f UL 3 1 bvs 0.1. ; 14 ve 1 7 Wfii trd hr.f d'! ; 1 1 180 arr ill "cap jaui b 1 1 i Sbr bar sam re 1 ; ' ho bogs Der ier 'r l if D0d :ar- rtly tto. .oth . 1 It f Cai t wa e acc J IE' 1I1 m, aod 1 : Fifi Ilt ( Aud sal: e Orp txpc tl J. rcshi t 2 o' , of now f ids F . Far low c 'IEC1 lsque! aid, b .ts A( lart, 0Jcr, boreal learec snk Ing. be p; .id ue i jr, i nieut ARE! d mil ill be ! -eel, 1 add a 1 on SO. l: 3y issued ambr e txrx e in of IV lowing title a in an. in Su: v. adj ;irs cf 00 af whi a two If stor in the ade. t tho R. Shi ?eb 6. EDITO IA ANI of tho 'ected Ion. G N8 pe with i' am f itioa c uestT NWI n on 1 f kson ed to t Jabrii again then a.c At ' - inr
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