IS fift if iff t -.WK" m'Wi
rt. o
yi'VlliV., i:lltor and lu Llinlicr.
HE IS .V FREEMAN WHO II THE TRUTH MAKES FREE, AND ALL ARE SLAVES RESIDE.
Terms, 2 ier jrar In adrancc;
Ol.LWE 4.
UVE MONEY !
BV l'.lTRMH-0
i. w i J r 5
1 a 19 vaj
(IlEir ( ASH DCAM.ltS I
II KIDS DRY GOODS,
LADIES' DRESS GOODS,
ady-Made CLOTHING, !
Hats, Caps, scois, Alices,
LOTHS,CASSIItIEEES,
S.ITI SETTS, JE iXS,
Ld a Frci.li e.nd (omiilclc SlueU or
MlfEFlMILY GROCERIES
CONSISTING CP
E!
tin
ft ?
GR.ll.V, FEI,
ACON, SALT, FISH,
rer.sn yi-::;etal?l.i-:s,
R!ED & CAN'D FRUITS,
SUGARS. TEAS, COFFEES,
-HPS, MOLASSES, CHEESE, &c.
Abo, a J.irge tock of" the
it Brands of Cigars and Tobacco,
STOUEON HIGH STREET,
tr i-wi-i ImU of Lnrtrord s Ivkl.
L'OOD, JIOIIUKLL &
CO.
WASHINGTON STREET.
:Pa. R. R. Depot, Johnstown, Pa.,
8Wci'! and lldcil Dcaltis in
r-vt
ifflnnCiYKK
N1I.I.ITRY GOO!)S,
E'A'TS AM) SHOW.
HATS AND CATS.
9 IKON AND XAILS
siLTbAND OILCLOTHS,
, HEADY-MADE CLOTHING.
'M:n. YILLOvV WARK.
"'J'-'t'N' AND WILLOW WARE.
OfWand FEED, ALL KINDS,
; '"e,'h,':' niaunfTof We.toin IVoiliK-e,
3 l'fe:ale ..'.I ...tl 1 ..ir .,..1
. t:ieJ on thethcrtest notice simJ
"tiMe tornn
- tt'"OI).MORRELL i CO.
"C,K -ZAHM.. ...... .JAS ft. ZAHM.
ZAHM & SON,
DKAI.FUS IS
SrCOODS, GROCERIES.
I HARDWARE. QUEENSWARE,
'Waps.Eoots.Shoes,
ALLCTEER ARTICLES
'I Kc ni i
COILNTRY PRODUCE
tlS " fXCHAKOE FOR GOODS !
JIAIX STREET.
7
to the Post Office,
Door
EBEXSr.URG. PA.
-"Jlusetta . 7 ",tmnle "'S bus
t .,' '""iitacn I . -'"" o per cent,
lu'o Inc. .. e Cat'" collected fi
forCtU8iVe8 tll5 larst I1SU-
fc, r'its , . among tne I'ol-
,"urnncy. . ""ugmg in net
"W....,.S.I,lJoU!tirml Ii:
thin n ,K WHmHJ
Cn,Pny in Cambria
"aaC( , V 1 '"ade. To those
kr riL e m08t cheerful-
C'OpF , 't 0r uv!ible.
,IopUiabrUCo
St F9. Gecer.l 0l'Db,on. Pa.
' iltWh v AEent. C-l Fourth
b,a' Ipr.U.lj.j
FOR THE PEOPLE.
;ITS POWERS AND JURISDICTION !
Full Text cf Hie Act TCsti
lug said Court.
An Act suppk nitntal to an Art establishing
a District Court in the Boifuh cf Juhu
town, f.r the County of Cambi ia. approved
the 13th day vt Aprii, A. D. 18C3:
Si ci ion 1. lie it enacted by the Senate and
Ilvitst of Rcyrcstntatives cftht Common wealth
f ' Vennsyicuuia in General Assembly tnet, and
it is hereinj enacted by authority if the fame.
That fiorn uud after ihe postage of this Act.
the District Court cf Cambria Counfv shall
have and exercise, withiu the limits of taui
: district, all aud singular the powers nnd ju
rUoicticus cf the C rt of Oyer and Termi-
ijt-r and Crftieral Jail Delivery of Cambria
County, and shall li;:ve and exercise original
eu il jurisdiction in al! cases within thu limits
of haul district, and shail have anil exercise,
within the limits ef said distiict, all hau
ctrj jowcrs and jurisuict imitt which aic r.uw
vested in the Cuit of Common I'leas of
Caml ria County, and shall have anvl cxtr-ci.-c,
within ti,e limits cf said district, all
aiKj singular the powers and jurisdieti.,1 of
tl:e dpi nits' Cu it and liegister Court cf
Cambria Comity, with like effect within taid
district, and v.iih like powers and jurisdic
tions, and the lemedics. posters, pleadings
and costs shall be similar to like proceedings
ii: the C iirt of Common I'leas. O urt of
Ojer an 1 Terminer and Central Jail I). -livery.
Couit of Common Picas. Court f Kqu1
ty. Orphans' and Ut-aister'd Courts of Cam
bi ia County.
Slchon'2. There shall LecstatHshed witli
in thc limits of said d:?trict, a JU-corder's
cfllcc for recording deeds, mortgages, aprte
rtt-nts, and all other inti uments of writing
which are or may hereafter be within the re
cording Acts of the State cf lVrms lvar.ia,
which deeds and other insti uments of writing
so recorded, and copies thereof duly certified,
shall have such c licet rs is piven to n cords
by the laws of the S ate of Pennsylvania.
Skction 8. i he judgments of said District
C urt shall be liens upon all the real estate
of defendant or defendants lyiiikf within the
limits of said DUtiict Court, and shall hive
ail 1 he incidents ol judgments cf the C urt
of O tnincn I'lers oi Cambria C unty, and
writs of fieri facias, venditioni txponas, and
other execution process for the purpo-e of
selling any real estate cf d fendant or defend
ants, within the limits of said district, shall
issue out of said District C urt, with like
effect and with like remedies, powers and
jurisdictions as the same now issue out of
the Court of Common Pleas of Cambria
County; and there shall be a general Jivti
docket end extension docket o r said Distiict
C Url. which dockets shall be kept in said
Distiict Court, and which shall have the
same cflc as similar dockets and records
which ly the lavs of the Commonwealth are
kept in the Court of CouinioU Picas ef Cam
bria County.
Si.cnoN 4. The records of all judgments
of any court of record of Pennsylvania, and
of transcripts of judgments cf ail Aldermen
and Justices of the IV-aee of this Common
wealth shall, when duly authenticated, be
admitted to record in said District Court, '
and shall there-upou have all the incidents of '
judgments in sud Court. " j
SlCTloK o. It shall be the :uty of the
Cleik of the Orphans' Court ami Register
and Recorder of Cambria Count', aud he ia
hereby authorized aud empowered to perform
all the duties now required by law of the
Clerk of the Orphan.' Court and Register and
Recorder of Cambria County, fo far as the
business arid jurisdiction of said District Court
extends, and upon failure or refusal to per
form said duties, the Judges of said Distiict
G'Urt, or any two of them, shall appoint a
person to perform said duties, in the same
manner as is provided for tho appointment
of Deputy Sheriff by the tenth section of she
Act to which this is a supplement ; and it
shall Le the duty of the Clerk cf the Orphans'
Colli t and Register and Recorder to take
charge cf the recoids and seals of said Cuirt
and offices, and keep the same in the place
of holding ta:d Court and in the apartments
provided fur that purpose;, aud the fees of
said Clerk, Rcg-'ster and Recorder, shall be
the came as now provided by law for the
(Metk of the Orphans' Court, Register and
Recorder of Cambi ia county, for like services.
He shall also give bond iu the same form and
in like amount and conditions that the Clerk
of the Orphans' Court, Register and Record
er of Cambria County has now entered into,
which lonel shall be approved by any two
of the Judges, the President being one.
kction G. It shall be the duty of the Pro
thonctary cf the Court of Common Pleas of
Cambria county, and he is hereby authorized
and empowcted to perform 'all tho duties
of the Clerk of the Court of Oyer and Term
iner and General Jail Delivery of said Dis
trict Court, and the fees of thu saiJ Cleik of
the Court of Oyer and Terminer and General
Jail Delivery shall be the same and paid in
like manner that the fees of the Clerk of tho
Court of Oyer and Terminer of Cambria
county are for like services.
Section 7. It shall be tho duty of the
Sheriff, Prothonotary , Clerk of the Court
of the Oyer and Terminer, and District At
torney ef the said District Court, and they
aro hereby authorized and empoiveied to
piform all their respective duties, no far as
the eatne are hereby extended by this Act.
aud the fees of said Sheriff, Prothonotary.
Cleik of the Conrt of Oyer and Terminer and
Distiict Attorney fchall be tho same a are
now provided by law for like eervices.
Section 8. Jurors drawn and in attend
ance for the hearing aud tiialof causes, of
t?aid Court, fchall receive oae dollar and fifty
cents per day and inilengeat the rateof three
cents per mile circular, and witnesses sub
icenaed and in attendance on the trial of
causes, or before the Grand Jury m said
Court, shall receive one tlollar per day and
mileage at the rate of three cents per mile
circular. ' , lL
Section 9. The qualified electors of the
respective election districts. within the limits
of said District Court shall, at the general
tlection on the second Tuesday of October,
EBENSBURG, PA,
one thousand eight hundred and seventy, and
every three years thereafter, elect one per
son, being a citizen of said district, who
shall be called tho Marshal of said district
and be commissioned by the Governor, and
who shr.ll hold his office fur three years and
until his successor is duly qualified, but, no
person shall be twice chosen or appointed
Marshal in any term of six years. Vacan
cies ia said eliice shall be filled by appoint
ment of the Governor, to continue until the
next general election and until his successor
shall be chosen and qualified, as aforesaid.
The said Marshal shall have arid exercise all
the powers and perform all the duties withiu
the limits of said District Curt which are
now by the laws of the Commonwealth re
quired to Le performed by the Sheriff of
Cambria county. He is also hereby required
to perform all the duties enjoined upon the
Sheriff of Cambria county by the seventeenth
section of the Act to which this Act is.a sup
plement. Before he shall be commissioned
or execute the duties of his office, he shall
enter into recognizance and become bound
in the sum of ton thousand dollars, accord
ing to the frm as now prescribed bv law for
Sheriffs, which bond shall bo approved by
the Juoges cf said District Court, or any two
of them, the President being one, and be re
corded. Sdd bond shall be like conditioned
and have the iike effect and be si-.hvct to all
j me provisions wUcli ty the laws of thW
j Common weid'.h the bond of the Sheriff of
j Cambria county is sulject to. It shall be
the duty of said Marshal, immediately after
j receiving his commission from the Governor,
j to deliver the same to the Recorder of Deeds
J of the said District C-urt, by whom the same
shad be recorded at the expense of the said
Marshal.
Section 10. The qualified electors of The
respective ehetiun distiicts within the limits
of the said District Court shall, at the same
time r.nd place, and every tiire-e years there
alter, elect ene person, Uii.g a qualified elec
tor of said distiict, to be styled Clerk of the
District Couit, who shall perform ail the
clerical duties appertaining to the t fikes and
jurisdiction of said District Court, aud shall
receive such fees as ate payable for similar
services by law. The said Clerk of the Dis
trict Court shall a!o have such power and
authority and perform all the duties which
by the fifth section of this Act ara given
to and imposed upon the Register of Wills
aud Recorder of Deeds of Cambi ia county,
and he shall receive such fees as are payable
by law fjr similar services. He shall hold
his effico for three years and until his succes
sor is duly qualified. Vacancies in said of
fice shall be filled by appointment of the
Governor, to continue to the next general
e ection. Before the said Clerk shall be com
missioned, he shall enter into a bond iu a
sum to be fixed by the Judges of the said
District Couit, or- any two ol them, of whom
the President shall be cue, and the? said bond
shall be like ceuditic ned and have bke effect
ami shall Le subj et to all the j rovisions
which by the laws of this Commonwealth
the icspcclive bonds of the. P,oth..notary,
Register of Wills and Recorder of Deeds of
Cambria county are now subject.
Si CTloN 11. The qualified electors of said
district shall, at the same time and place,
and every three years thereafter, elect one
pen on, iearne! iu the law, who has been two
years admitted to the bar, and who shaii
have resided withiu the limits of the said dis-
trict one year next preceding his election, w ho
shad be called the District Attorney of s.tid
district. The said Di:-tiict Attorney, 1 efore
entering on the dutnsof h: office, shall take
and subscribe the same oath or tfiirmation
as is required to be takeu by the Attorney
. General of this Commonwealth, which oath
j or idlirmation shall be entered on the records
! of the said Court. He shall have and exer
cise ail thepowcrsand peiform all the duties
w ithin the limits of s;;id District Court that
are now by the laws of this Commonwealth
required to be performed by the District At
torney of Cambria county, and be sul j et to
all the laws of this Commonwealth relating
to Distiict Attorneys.
Secjios 12. The said Marshal and Clerk
of the District Court, for the said distiict,
shall Lo!d their cCices iu the building in
which said District Court is held, or some
other convenient jdace iu the Borough, of
Johnstown.
Section 13. The election for Marshal and
Clerk cf the District Court, as provided for
by this Act, shall be held and conducted in
all respecta in the same manner as elections
for Representatives by the laws of this Com
men wealth are held and conducted, and sub
j-ct to al! the provisions of the laws cf the
Commonwealth in relation to the election cf
similar officers. It shall be the duty of the
Sheriff of the county to make, and publish
proclamation cf the first election held under
this Act, in the manner now provided t'V
law tor the election of similar efficers of
Cambria county, and thereafter such procla
mation shall be made by the Marshal of said
district, as aforesaid.
Section 14. It shall be the duty of the
judges ami inspectors of the respective elec
tion districts, within the limits of said Dis
trict Court, in addition to the duties now by
law required cf them, as soou a6 all the votes
given for the ofijeers herein provided for
shall be read off and counted, to make cut
duplicate certificates cf the same under their
hands and sea's, setting forth in words at
length the number cf votes given for the sev
eral persons voted for, designating the office
or station in respect to which the votes were
given, eiiio of w hich shall be deposited in the
election box, and the return judge shall take
charge of the other aud prrxiuce the same at
a meeting of one return judge from each elec
tion district within the limits of said District
Court, and on the day following said election.
P r ov i .ltd, that in caso of the sickness or in
ability cf said return judge to attend, then
and in that case one of the inspectors or
clerks of said election shall peiform the du
ties hereby enjoined on the return judge.
Section 15. The return judges of the sev
eral electiou districts withiu the limits of eaid
Distiict Court shall meet in the building in
which said District Court is held, in the Bor
ough of Johnstown, ou tho Wednesday fol
lowing; said election, and shall 6elect two
qualified electors of said district to act as
clerks, who, before entering on their duties,
shall be severally sworn or affirmed toper
form the duties cf their effiae with honesty
and fidelity, and on tho boird being so forr.i
ed, it shall bo the duty of the return judges
to deliver the ceitificates of election in their
respective districts to the President of said
board, who shall cause the clerk, in the pre
THURSDAY, SEPTEMBER 15, 1870.
sence of said board, to add together the num
ber of votes which shall appear by said cer
tificates to have been given for any peison
in respect to each office or station. The
clerks shall thereupon, in presence of the
judges, make out duplicate returns cf said
election, as are now required to be made out
fir Sheiilf and like offices, which shall be
signed by all the return judges present and
attested by said clerks, as by law now re
quired to be made out and attested for like
offices. When the returns shall be comple
ted, the Piesic'ent of the board cf return
judges, as aforesaid, shall forthwith lodge
one each of such returns in thf office of the
Prothonotary or Clerk of the District Court,
and the other shall be by the said President
of the board deposited in the nearest post
office, sealed and directed to tiie Secretary of
the Commonwealth, iu the manner nuw'di
recled by law. It shall be the duty of thd
return judges aforesaid in every case to trans
mit to each of the persons elected a certifi
cate of his election, within five days after
making up such returns; and the said return
judges and clerks shall be allowed the same
compensation and mileage, to be paid out of
the treasury of Cambi ia county, in the same
manner that the return jtidgs and clerks of
Cambria county are paid for like services.
It shall be the duty of the Cleik of tho said
District Cotit to whom the return of any
such electiou shall be delivered by the judges
afoietaid, where such judges are required to
send a copy of such return to the Secretary
of the Commonwealth, to make out a copy
of sueh return under his baud and seal of
office, arul forthwith to transmit such copy
under sealed cover to the Secretary of the
Commonwealth by placing the same iu the
nearest post office. It shall also be theduty
of the Cleik afore.-aid to record said election
returns iu a bock to be i rocured for that
purpose.
SicriON 1G. The effioers elected ae afore
said shall enter upon the duties of their ic
spective offices as soon as the oath cf fiice
shall have been administered to them and
recorded as af iresaul, whereupon all the du
ties and jurisdiction of those acting in s;ii,l
Court i-iid Distiict, ia tho same or similar
offices, shall cease and dote: miue.
Section 17. It shall be the duty of the
Judges of tie said District Court, or any tw o
of them, the President being one. at each
session ef said Court, b estimate the proba
ble expenses of said District Coir, t and the
officers of said district, under this bill, tor
and during the said sessiou cf said. Court and
until the next term, aud draw an older for
the amount of the same upou the Treasurer
of Cambria county, iu favor of the Sheriff or
Marshal of said Court ; and it shall bo the
duty i f said Treasurer to pay said orders out
of auy money in the treasury; and if theie
shall be no money in the treasury when said
order or orders are presented, then it shall
be the duty of said Treasurer to pay the
same out of the first money that shll come
into his hands on account cf taxes paid in
said distiict. Deficiencies in said estimates,
or any of them, shall be included in the next
estimate, aud paid accordingly.
Section 18. Al! Acts and parts of Acts
supplied hy this bid, or which conflict with
any of its provisions, are hereby repealed.
The Sisteks ok CriAUTr. With what
pleasure and pride does the Catholic listen
to the prabes of our Sisters of Charity fioni
Protestant lip. We who also know thern
well we who know their worth, their vir
tues cannot Cud words to spear, or write
of them as they deserve, or as we would
wish to. But the generous and liberal Pro
testants w ho have seen ihem in the hospitals,
iu the sick room, at the bedside of the etyieg,
never fail to pay a just tribute to them or to
e xpress their admiration ef their self sacri
ficing zeal in behalf of suffering humanity.
It was but a few cb3s ago. away up in the
mountaius of South Carolina, that we heaid
from the lips of a venerable Doctor, who had
traveled much in the world, such a grand
eulogiurn on the Sisters of Charity that it
made our heart glow with pride and our
gratitude go cut to him for his eloquent
words of praise. He had seen them iu the
hospitals, in the pestilence, and be kuew
their worth. Nowhere such teuder nursing
nowhere such virtue nowhere such women.
It was a Protestant speaking? to Protestants,
aud to it was more eh queut, more appreci
ated, than if it had come from the lips of one
of our own Faith.
Yes! there are no truer women no nobler
womeu uo giander women than our Sis
ters of Charity: and a Church which can
foster such au association ought not to Ik; a
despised Church. Its chaiities, its love fur
all men, its noble benefactions, ought at least
to save it from the slanders of those who
misrepresent its doctrines and calumniate i s
followers. Intelligence and gratitude shou d
at least win fjr it respect iu sn just and ei -lightened
a country as the South JSamur
(f the South.
Don't Hur.RY. Believe in traveling on
step by step; don't txpect to be rich iu a
jump. Slow and sure is better than fast and
flimsy. Persevercuce, by its daily gains,
enriches a man far more than fits and ttatts
of foi lunate speculation. Little fishes are
sweet. Every day a thread makes a skein
in a year. Brick by brick houses are built.
We should creep before we walk, walk before
we run, and run before we ride. In getting
rich, the more baste the worse speed. Haste
ttips up its own heels. D.-u't give up a
small business till you see that a largo ene
will pay you better. Even crumbs are
bread. Better a little furniture thau n
empty house. In these hard time6. he who
cau sit on a Btone and feed himself had bet
ter not move. From bail to wotee is poor
'improvement. A crust ia hard fare, but
none at all is battier. Don't jump tut of
the frying pan into the fire. Remember,
many men have done well in very small
shops. A little trade with profit is better
than a great concern at a loss; a small fire
that warms you is better than a large fire
that bums you. A great deal of water can
be got from a small pipe, if the bucket in
always there to catch it. Large hares may
be caught in small woods. A bherp may
fatten in a small meadow, and starve In a
great de.-eit. He who undertakes too much,
succeeds but little.
A TBAcn jtbee growing from the 'spot
where General Tighlman fell, iu Mississippi
fcearo bloou red fruit and leaves.acd all grafts
upon it has the same peculiarities.
DOXXCR L tKli.
Horrors or Overland Travel-Madness,
Starvation and Cunnlbalisni-.Tlie
Most Frisrlitlul Xnrrnllvc of
Modern Times.
The current number of the Overland
Monthly describes afresh, and no doubt
with minute accuracy, a chain of events,
which, for ghastly horrors, are probably
without equal in authentic records. The
tale realizes, in truth, the frightful denun
ciation of Othella, for in it "on hotror's
Head horrors accumulate," and surely im
agination cannot picture anything in the
way of the piteous and awful more ex
treme than what was sutn-red by the un
fortunates concerned. In various forms,
by books, newspaper?, and more ficquenis
ly by private report, the story lias been
toid ; for it happened long ago in 181C5
before Capt. Sutter had made his dis
covery, and before every old whaler from
Casco Day to Hatteras had been fitted up,
to brave once more the petite of Cape
Iloin. IJut many have persisted in dis
believing it. Ii was too terrible to relate,
they said, to believe. And it is true that
there seemed to be a raw-head and bloody
bones air about the narrative that more
frequently attends fiction than fact, and
which, at all events, lent warrant to the
suspicion that it had boon expanded and
embellished. There i., however, no doubt
about the melancholy truth of it ; and the
minulu account now published is to be ac
cepted as the product of all the sifte d and
collected testimony that it has been pos
sible to obtain.
Donncr L. ke named after the leader of
the parly who met their death hard by
is one ot ttie most picturesque and lovely
I 1 ....v J v.
spots in the elevated valleys of tli3 Sierra
Nevada. ''Starvation Camp," the imme-
uiaie scene oi uie calamity, is close at 1
.1 . . i.t .
hand, and by it runs a railroad, Mrange
contrast in the plenty and succor it sug
gests to the helpless misery the spot once
witnessed. The Donner parly leftlheir
home for the Pacific slope in search of a
healthful and eligible soil, and having
penetrated this great distance toward the
premised land, were ".-nowed up'' near
the lake. Their Indian guide, one Truc
kce, warned them one afternoon that
dreadful weather was at hand, and urged
them to push i n, for the ground was as
yet unclisjoveied, they had found wood,
water and grass, and determined to halt
for the night. In the morning a foot of
snow had fallen, and their cattle wander
ed away fo that few of them could be
found. Alarmed, the wayfarers began to
build cabins and to take sucli other meas
ures as they could to protect themselves
from the elements. The snow continued
to full and presently became impassable.
In a few elays it was eight feet deep.
Daring nearly the whole days of Novem
ber the long storm continued and the
snow on ti c mountains ultimately reached
a depth of more than twenty feet.
There were eighty-two soula in the
party, thirty-two of whom being women,
and a large portion children. The Cap
tain, George Donner, was a man of some
sasacity and considerable wealth, and his
wife and children being with him, had
every incentive to prudence and activity.
But all efforts to escape from their fright
ful situation proved vain. In a short
time everything in the shape cf w hole.nme
food was rrone. Thev devimrpd il.tr
dogs the hides of the cattle they saved,
aud their own boots and 6hoes. Finally
the miserab'o creatures fogan to think tif
eating each other. At this period a death
occurred thus deferring a need for vio
lence, and horrible to relate, tho corpse
was eagerly consumed. Other deaths
followed, and the survivors continued to
subsist on the flesh of their dead compan
ions. After six wet ks the storm having
subsided right men and five women.guided
by two Indians, set out to try to make
their way to California. Tho hopes of
all that remained hung on their efforts
and thpy struggled desperately to succeed.
But in a week, and before thev Imd unus
ed the Divide, this forlorn hope was again
overwhelmed by snow. Three died al
most at once and the rest ate their bodies,
"Ilavingy" says the Overland Monthly,
"now bfen without a morsel to eat for
four days, those wretched people cut the
flesh from the bodies of Ihe dead, and
having refreshed themselves upon a por
tion of it and dried the balance for future
use again pushed on. This was their
ow lcar s feast it now being the first .
v,. 'o uays lain .
the food was'again all cone, and thev had
only the strings of their snow shoes left to
eat."
The unhappy wretches then desired to
devour their Indian guides, but the latter,
seeing their intention, fled over the hills
and were eeen no more. On ihe 17th of
January all but th ree of the thirteen were
dead, and of the survivors two laid down
Iodic. The third had fallen in with a
friendly Indian, who conducted him to a
settlement on Bear river. There the story
was told, and immediately expeditions set
forth from San Francisco and Sutter's
Fork to rescue those of the original party
who might still be alive.
What tho benevolent adventurers found
almost beggars description. Those who
had died remained where their last 6ih
had been breathed, but they were stripped
of their flesh. "Uodies half devoured lay
strewn around the dismal cabins, from
which isBued a stifling 'factor,' of those
who yet lived."
Not only were their bodies "enfeebled
and emaciated to the last degree, but with
many the very soul had be conn a desolai
tion. While some welcomed their deliv
erers with exstacies of joy, others looked
gloomy and cadaverous, regarded them
with a coldness amounting almost fi in.
difference, they having become not only
reconciled to their cannibalistic diet, but
preferring it to wholesome food when set
before them. Monstrous as it rhav sopm
to such an extent had the natural tastes
cf these people become perverted, that
they pushed aside the flour and bacon
lenuereu ti.em, choosing rather to partuke
ol the horrid feast to which thoy had so
long been accustomed. Parnis u-,.
seen feeding on the remains of their chil
dren, and children on these cf their Da
rents. Heio a wife was broiling on the
coals the flesh of her husband, and else
where a company were making a repast
upon t he limb of a roasted companion.--All
filial and parental affection teemed
dead, iha one instinct of self-preservation
icignii-g supreme Rapidly some of ihe
most wretched creatures were being trans
formed into ghouls ind demons, having
already lost many of the divine traits of
humanity. Haggard and attenuated, they
spoke but little, while their looks and de
meanor were wi'd and unearthly. Too
incredible tor belief are the stories told of
the ravenous greed exhibited bv some of'
these starving wretches : one of whom is
. 10 ikuu caieu me enure ootiv of a
child during the course of a single "night ;
while another insisted on appropriating to
his own use the hearts and other viscera
of his dead companions. On the other
hand many refused to touch the flesh ot
those; who had perished until the very last,
ami then partook of it fpariugly, and with
f,-;,lo,f r. ..!:.,,. . t I .,
I I l.U"J OU
j evident feelings of horror.
j Thirty-fix of the company had perished.
and many of the remainder were on the
point of doing eo. Amid devastation and
woe, there were gleams of heroism which
almost seemed needful to show that these
afllicted souls shared a common humanity.
Donner, the leader, was too far reduced
to be takeu forward with the resou'.nw !
party. His wife bad her choice lo be
saved wnit tier children, or to s:av behind
and die w ith her husband. Willi won
derful fortitude and devotion, and in .-pile
of his earnest f nlriiina t.,a ,I,a
- - - - , . v i v lev i i o - - .. Ms; iittir
latter. Another man, one Keishurg, was afid be as full cf promises as ever, when
fllji t.x. . i .!!.... ...it:v. I t f-
also too weak to he removed. The rpst
was taken to California. In the following
April, another small party icpaired to
Donner Lake, to see if by chance either
of those left behind yet survived. They
found Iveisburg living, he having subsisted
for several weeks On the body of Mrs
Dor. tier, who had died soon after her hus
band. The story is almost too shocking
to be repeated, but as a remarkable and
trustworthy instance of the behavior of
mankind under the most trying circum
stances of w hich it is possible to conceive,
the narrative has an interest and impor
tance which justify iu recital aud preser
vation. LLG IL STK 4TEGY
BY JLIGE Ct.AKK.
Charles Lamb give a funny account of
the origin of roast i-i-r. The owner of '
litter of juvenile porkers, roasted trWtTi -
i... .1.- ii....- . -:
by the casual burning of the family sty, j
in picking about among the rums, and i
soncwfully handling (he criif remains,
chanced to burn bis fingety. v Clapping
thcui to Ins moutli he tastcd a pleasuie t
so exquisite, tha. it made him at once j
forget his pain jin'd his loss'."" Pouncing ;
on me prize, he net only d spatched the
whole barbecue at a sitting, but licked his
lips for ruoie. The story got wind, and
tlie entire country was ablaze with burn- j
ing pig-pens ; nor was it till many years j
alter that some adventurous innovator i
shocked the adherents of conservative
coosery, by proposing a new and less ex
pensive piocess of preparing the favorite
dish. .
It is not for us lawyers to laugh nt this
None have been rnoro prone than we to
roast pigs according to precedent. All of
us cum remember when, in every action
to recover the value of one man's proper! V
wrongly appropriated by another, it was
necessary to allege a fictitious Ivsimi bv
the former and finding by the latter ; and
an uecausi Ine hist case ot the sort, bun
dreds ol
years ago, happened to be one
oi real losing ana imding. rsny, l have
r ii ..... .
even known the loss and finding of a patch
of cabbage to be solemnly averted, uud
nly averted, aud
t,o lawyer thought of smihn" al it
In tho department of Kvidenep. w
have especially been slow to Icarn. If
you want to know how cramped and
artificial its rules are, just get into the
witness box to tell all you know about
some case, and see bow much you'll be
let tell.
Twenty years ago it was worse. No
one was then admitted as a witness who
wa either "a party to the record," or in
terested, to a cent's value, in the control
versy. The consequcneo was the frequent
impossibility of proving, by competent
witnesses, undoubted facts, which. neither
of the litigants, had thoy been suffered to
cpeak, would have denied. The devices
to which counsel and clients were driven
by a rule so unreasonable, were often
amusing enough.
On one occasion a countryman, visiting
, .... J "
the city, ttepositcd hm money' gome Iwo
, , v , ' i i i i, ,
bun. red dollars-will, his landlord no
one being present at the Line. Next day,
having occasion to make some purchases.
, ,. , r . ;
. he applied for Ins money, and was met
wifh a cool denial of its ever Laving been
NUMBER 33,
received. On taking legal counsel, the
gentleman was astonished to learn that,
being without a witness, as matters fctood
his case Was Iiopelesf.
The lawyer, however, was a man of
resources. I)isihissinr his tdient with
. o -
direction." to returnjn a couple of days, he
J called to his aid a reliable fiicnd, to whom
ho privately unfolded his plan".
Acting under the lawyer's instructions,
the friend presented himself at tho inn as
guest, and after 6ecUring quarters, depos
ited tbree hundred dollars in the landlord's
hands, taking good care to have a witness
bv. Some hours afters lift ndh-d nlnna
Lr the money, and the landlord knowing
there was proof of tho deposit, raudo no
difficulty ia handing it over.
The same day Boniface was serve!
with a writ for three hundred dollars, and
on seeking advice, was told that, as there
was a witness to his receipt of the money,
and none to its return, he had nothing for
it but to pay it again. With two bun-:
died dollars of it the lawyer reimbuised
the countryman, and kept the remainder
for his fee.
No less adroit was the march that Lija
Loom is stole on the "Statute of Limita
tions.7' Lije was the lltcMum of Guy's
Neck. He did a iriiseell
:' as a carpenter, rmv dnrtnr nnrt ..(,ffln
! maker adding to his other frmr-ilor-s tl.-tt
of undertaker to the county poor house.
He was, withal, an easy, good-natured
fellow, free to trustj aud a most indulgent
creditor.
Among others wliom Liie had trusted
to his cost, was Greg Grimes, without
exception the great promise maker and
breaker of Guy's Neck. I verily believe
. i.i -c . -. i
he would, if uosbible. have Dut :i rrpilifni
off till the Last Judgment, and then beg
ged him to wait till to-morrow.
Greg had wheedled h'ji wHi promise
till the hitter's claim was "outlawed."
Losing patience at last, L:je took his ac
count over to the 'Squire, when, to his no
small discomfiture, he learned that unless
lie could tret a new promise from his debtor.
j with a witness to it, he might whistle for.
. ,
, ts bill.
Such fellows as Gro-r always know a
good deal of law, especially the sharp
poruts ot it. Ijreg would talk as freely
he and Lije were alone. bu. before othera
would cither evade the subject, or else re
main picvukingly mum.
One day Lije drove up to Greg's door
with his old gray mare and spring wagon,
a plain pine eoflin- one cf tho?e flat top
ped affairs deemed good enough for poor
folks being visible behind the seat.
"Mornin,' neighbor," said Lije.
"Same to you' said Greg. "Goin
to'plaut a pauper, I see."
"'Y-a a-s; old Hope took rather sud
den leave last night, and went to try the
charity of another world."
V Which it's no more'n fair," said Greg,
"se'ein' how long he lived on the charity
of this."
"Would you mind gett in in and com
ing along, neighbor ?" said Lije. It's
mighty dull goin lo a funeral all alone by
one's self."
one s selt.
g didn't mind, and straightway got
LVJ
. 1
tip h Lye's side.
two chatted away after a sort to
prove how chcciful good company can
rentier a grave occasion.
"Pspose you diavn't forgot that liltlo
bill o' mine ?" L'ja took the liberty at
last to hint.
"Not by no mean?,'' said Greg. "Let'a
see now how much did ycu say it was 1
I dh-remember rightly."
"Even sixty-nine dollars, besides seven
years' int'rest."
"Quite right,"' Greg as?rn(cd. "I
recollect now."
"IT it's at all inconvenient to pay it,
don't put yourself out on no account."
said Lijii.
"I've been threater.eii' to settle it for a
! month back," said Greg; "but times
Lev been light, an' :ia' how would
Monday week do ?'
"To a dot," said L'j.
"I'll send it round," said Greg.
A curious sound came from the coffin,
'i 'he ghost of a chuckle, Durdies would
have called it. Greg gave a jump and
lit in an adjacent cow pasture. Looking
back be saw I.tje s prentice, the most
mischievous imp in Guy's Neck, but with
. .. r . --- ......
! P'C,".y cl EC,.'SI anU ot. ,aw,ul ap? to D?
? w".aew;., S,thn? UP 1,1 Uws coU,n flntX
iau;:utiig hkc mau.
Greg took in the situation al one glance.
He had been duped info committing him
self liofore a witness.
"It's a dirty, nasty, mean trick !" ho
exclaimed.
"What is ?" asked Lije?.
"Why, tiirln' with a body's fcelins'
about old Rope, ma kin' believe lie is
dead I"
"An so he is" Baid Lijf, "only I was
goin' arter the body, instid o' fetchin it
away."
Greg turned away in disgust, Lijej
bawling after him :
"Don't forget Monday week, an per.
j naps it ii save us both some trouble. :
i Greg did'nt forget; but he La3 nevr
more than half enjoyed himself at a func
i ral since. I.cd-jn
! ,, i"ii"7" V - ii a
A man passed through Council Blurt'
t ,, , ...
Iowa, a day or two ago, on his return t
M;wur. Rftcr lrie,j a ,ivc h
Miarie,otH. ..Don.t Uke it up tha .
sain, -nave nine mon
,,,e rebt of lhe !ime j,.
faiL
i
'Have nine months of winter, ami
s d d late in a
I!