“> EE - A RAINY EVENING. —— The twilight shadows darkening fall, O memories dear! against thy thrall My heart strives all in vain. Yet ‘wherefore strive against my mood ? 1 cannot silence. if 1 would, The softly falling rain. At such an hour, on such an eve, Rright hopes, that yet I only grieve, Sprang up te fade and wane, Ah, never more, hand clasped in hand, Shall we within the doorway stand And watch the falling rain. Yet still the sweetness of that hour Retusns, with all its wonted power Of mingled joy and pain, When, dropping down from window-eaves, Or gently falling vuthe leaves, 1 bear the summer rain. 0 cruel Memory! thus to bring That glad brief heur, with bitter sting, Back to my heart agsin ; Those parting words of fond regret ; With gland pretext, love lingering yet, Unmindtul of the rain. Ah | brief, indeed, poor aching heart, The joy those fickle hopes impart Grief follows in their train. Nav nav, my heart take upward wing. Q cruel Memory! thy sting Shall vanish with the rain. Though sadder seem the songs I trill, Yeti sorrow, with with its plaintive thrall. A dds sweetness to the strain; Ags fragrant perfumes softly flow From hawthorn blossoms bending low, Beat down by wind and rain -@- An Unforeseen Conclusion. Mr Wheatyear, a prosperous farmer from the Midland Counties, sold some fat catile one day at a market town which was considerably beyond his usual radius, and received in payment good bank notes and gold amounting to two or three hundred pounds, He stowed away the woney in a bulky pocket-book, which, iu turn, he care- fully deposited in an inner pocket of nis undercoat, for there was no branch of his own bank in the town, and he was, heretofore, obliged to carry away his gains in cash, While counting over +he money in the presence of the buyer, ne suddenly became conscious of some one eyeing him intently, and looking up, in obedience to a sort of magnetic attraction, he encountered the gaze of a tark. heavily-bearded, determined- looking man, who was watching him with a very keen and sinister expres- sion. Mr. Wheatyear instinctively started, and the stranger, seeing he was ypserved, disappeared in the crowd? This little incident had a very disquiet- ing effect upon the farmer’s mind, and somehow the fellow’s face seemed to haunt him for the rest of the day. though he did not come Across him again. As he could not return home that night, ail. and the distance being too great to irive, he took the train toa neighboring town. where a trap was to be sent te meet him the next morning. Aftera so0d dinner at the inn, he adjourned to the smoking-room for a quiet pipe and a glass of grog before turning in; and who should he find seated in a corner, apart from the rest of the company, but she forbidding-looking individual who had startled him in the morning. The recognition was apparently mutual, for the fellow kept glancing furtively at Vr. Wheatyear under his shaggy eye- nrows with evident interest. This un- expected meeting aroused the farmer's serious apprehensions, for it really seemed as though he was being followed and watched, He took occasion to draw the waiter’s attention to the man, tut could learn nething about him ex- cept that he was a stranger. After fid- geting in his chair for a few minutes Mr. Wheatyear determined to retire to 4s bedroom at once, for there he would, 1t east, be safe from having his pocket picked, and would avoid the man’s per- sistent gaze. His room was on the second floor, at the end of 8 NAITOW passage, which was approached by two or three steps sroma the main corridor. The house being very full, he had to put up with what accommodation he could get, and from the air of stuffiness which pervaded the apartment there was reason to sus- pect that in ordinary times it was used +s a lumber room. A large oaken press «tod in a corner, containing old moth- eaten hangings and other odds and ends, while underneath the bed—a decrepit four-poster—was the skeleton of another bedstead and some cornice-poles. Mr. Wheatyear took note of these de- tails while making a careful tour of in- spection. He was just in that nervous ¢rame of mind which causes a per- son to peep into cupboards, and to take elaborate precautions against in- truders before putting the candle out, Mr. Wheatyear found nothing what ever to excite alarm ; in fact, he felt vexed and humiliated at his pusilla- nimity, He was rather startled, how- ever, atdiscovering that he could not lock the door, owing, apparently, to the key being rusty, for he had an uneasy sus- pigion that the stranger down-stairs contemplated paying him a nooturnal visit. He hesitated a moment whether he should ring the bell and get the defect remedied, but he finally consoled nimself with the reflection that, as the door was within a yard of the bed, it was hardly possible for a thief to enter with- out making noise enough to wake him. Mr. Wheatyear was a sturdy old gen- — S——A—— —_——————— tieman, though close upon sixty years of age, and he therefore got into bed without more ado, having first taken He did not fall asleep for some time, But by degrees, as stillness began to pleasant drowsiness, and at length drifted into slumber. He had scarcely dropped off—at least, so it seemed to him-—when he was suddenly aroused to consciousness by a moving sensation be- neath his head, and the pillow seemed to be gliding away from under him. He sprang up instantly, and as he did so, his startled gaze encountered the’ sinister face of his acquaintance of the morning. The next instant the man was gone, having apparently withdrawn quickly from the ray of moonlight in which he had been visible; but Mr. Wheatyear felt the drapery of the bed rustle as the intruder moved away to- wards the door. his foot is the counterpane, and fell heavily on the floor. The shock dazed him for a moment, when he groped about rather feebly for the matches, and struck a light. He then found he was alone, the man having disappeared, and closed the door behind bim ; but he saw at 4 glance he had been robbed, for the pillow, which had evidently been drawn from under him, lay upon the floor, and his pocket-book had vanished. Mr. Wheatyear at once rushed to the door, but the thief had managed to re- gain his room or some other hiding- place, for he was not in the passage outside nor in the corridor. The far- mer’s cries soon brought assistance, and a strict search was immediately instituted. It transpired that the man hotel, though nobody recollected having seen him leave. He had apparently concealed himself somewhere about the premises for the purpose of committing the robbery. He had contrived to es- cape, however, how he had managed it was a mystery, until seme one pointed out that the upper half of ome of the windows in the smoking- room had been left open for the pur- pose of ventilatien. This, no doubt, had though been his means of exit, for the house was carefully searched from garret to basement, and mo trace of him was found. "The police were communicated with | and a full description of the man—who had been noticed by several persons the preceding eveniing—was circulated inthe district, but without result. Unfortun ately, Mr. Wheatyear had omitted to take the numbers of the notes, and did not know the ‘names of the persons from whom he had obtained them, so that the police had no means of tracing the culprit, except from his appearance. This. no doubt, had been effectually disguised, for he contrived to bafile the vigilance of the authorities, until Mr, Wheatyear began to consider his prop- erty irretrievably lost, About a month afterwards, however, Mr. Wheatyear had occasion to go up to London on business, and while walk- ing along Oxford street one afternoon, he suddenly came face to face with the raseal who had robbed him. The farmer felt so convinced of his identity, in spite of a considerable alteration in the man's attire and the hair about his face, that he unhesitatingly gave him into custody to the nearest policeman. The man blustered a good deal at being taken to the station house ; but it tran- gpired at the preliminary investigation that he had about his person a large sum of money in gold and small notes of which he could give no satisfactory account. The prisoner gave the name of John Simmonds, and was committed for trial at the next assizes. When the trial came on the evidence against the man was overwhelming, though he vehemently protested his in- nocence, and declared he bad left the hotel several hours before the robbery was committed. But he failed to prove an alibi, and, in faet, called no wit- nesses ; while he could give no salisfac- tory explanation of being in possession of a large sum of money. On the other hand, Mr. Wheatyear swore most posi- tively that he had seen the man in his room that night, and the police ascer- tained that he had taken a passage to America in a ship which sailed on the day after his arrest, the theory being that he had remained in England as long as was necessary to realize his booty by cautiously changing the larger notes. There never was any doubt upon the minds of the jury as to the man’s guilt, and they returned a ver- diet accordingly. He was sentenced to a term of penal servitude, and the Judge, considering that the money found upon the prisoner formed part of the sum he had robbed from Mr, Wheatyear, directed it to be paid over to the farmer. Two years afterwards Mr. Wheatyear, having attended the same fair where he had encountered the man Simmonds, passed another night in the hotel before referred to, and happened to be put into the identical room where the robbery had taken place. It was rather a disa- greeable coincidence, but he hud to make the best of it, for the house, as was always usual at that season, was full to the matter. When he retired to rest, the locality vividly reminded him of his adventure, and, oddly enough, he experienced a sort of nervousness aris- thought nothing of it, and baving no money in his possession of which he could be robbed, even if such an experi- ence were likely to happen to him again, he soon fell asleep. All of a sudden he woke up and found himself out of bed, shivering with cold, standing at the other end of the room. at first he realized nothing but a sensa- tion of discomfort; but presently he began to wonder where he was, and what he had got out of bed for. It oc- curred to him that he must have been walking in his sleep, which is always a startling discovery to make. With some trepidation he groped his way to the matche and lit a candle, Hethen per- ceived that he had been standing in front of the old oak press—the door of which was open. A sudden curiosity induced him to investigate the matter, for he had a vague idea that he had been there for some definite purpose, He, therefore, took the candle and looked into the press, when his atien- tion was attracted by a small dark ob- ject, which was half hidden behind a box at the back. With a start, he stretched forth his hand to it, something vaguely familiar in the action striking him forci¥ly, and the next moment he had drawn forth the identical pocket. book which he had lost two years be- fore. Mr. Wheatyear thunderstruck with amazement and consternation, es- pecially when he found that the con- tents were intact, was There was the bun- dle of banknotes and the bag of sover- eigns, just as Le had frie Jd ihein when they were handed over to him, while the pocket i dist, disturbed covered with showing thet 11 had never been t had hidden With a sudden conviction which 1 1 + 4 ry Dor sell Was since ben AWA). flashed upon him like a revalation, Mr. Wheatyear at once realized that on the eventful night he must have risen in his sleep and hidden the pocket-book The fear of being robbed preyed upon his mind to brain such an extent that his Was Ac. the tively apprehensive, while rest of his senses were numbed by unconscious fil. The more Wheatyear the the satisfied did he feel that he had discovered the true solution of the mystery. It follow- ed, therefore, that he had never been at Mr. matter, thought over nore robbed at all, and he soon arrived the conclusion that he had been the victim of an hallucination. Being at the scene of the supposed cccurence, he could recall every detail distinctly, and had no difficulty in persuading himself how his fright had been caused. Prob- ably, in searching for the pocketbook, he had shifted the position of the pillow, which, on his returning to bed, after hiding his treasure, had slid off the bolster. The movement had startled him, and, being suddenly terrified, the apparition of the face which had made such an impression upon him had flash- ed acruss his mental vision with vivid distinctness, The rustling of the dra- pery had, no doubt, been caused by the falling of the pillow, which he remem- bered subsequently finding upon the floor. Whether these details were rightly surmised or not, it seemed clear that the man Simmonds was innocent of the crime of which he had been convicted. Mr. Wheatyear was quite agonized at the dreadful consequences, He felt he could never make sufficient atonement for the wrong he had done ; but he re- solved, at least, to lose no time in set- ting to work to obtain his release. He might, of course, have avoided all un- pleasantness to himself by concealing the discovery he had made ; but he was an honest old gentleman, and did net shrink from doing his duty. He pru- dently said nothing at the hotel about the matter, but took the first train to London, and in the course of the day was closeted with a high ofticial at the Home Office. Ere he had time to explain the object of his visit, he was met by the startling information that the unfortunate con- viet had died in prison before a year of his sentence had expired. It appeared, moreover, that the prison authorities knew absolutely nothing of the man’s antecedents, and believed he had left no friends or relatives, The interview, therefore, came to a somewhat abrupt termination, for Mr. Whiteyear felt justified under the circumstances in holding his tongue, since no good could possibly result from the disagreeable disclosure he had intended to make. But he was not satisfied till be had seen the governor of the prison in which the man died, who confirmed the informa- tion obtained at the Home Office. The adventure weighed a good deal upon the old farmer's mind, especially during his later years, and, not centent with handing over to a charity a sum equivalent to two or three times the | amount be had wrongly received out of the money found upon the unfortunate prisoner, he left by his will a very con- siderable legacy to a benevolent institu- tion for the ald of discharged convicts, Before doing this, however, he made careful inquiry, to ascertain if the man had left any relatives dependent upon him, but without result. His chief consolation was that the prisoner had, to a certain extent, courted lis fate by not accounting for the money found in his possession, and by not attempting to prove an alibi, which he surely could have done, had he not been unwilling, for some mysterious reason, to disclose lis movements on that fatal nigh don Truth. Valley Forge. The patriotism of the country has been sorely taxed and teased by many fruitless efforts heretofore made to dis- charge the debt, always acknowledged as due to the distinguished dead who suffered at Valley Forge, and died from want and privation for the liberty of the country. now so beneficently en- joyed by us, their descendants, and the inheritors of their glory, Lone The duty of rearing their monument has been left for us; and of us, the women now come forward, and the first successful steps have been taken towards its accomplishment, An association has been formed, —The Valley Forge Monumental Associat’n,—— with Mrs. Mary E. T. Cone as Presi- dent, and her sister Miss Amelia Thropp as Secretary, and these two Christian and patriotic woman, with untiring and unselfish devotion, have labored long and hard, and without pay or reward, save what comes of a sense of duty done, and have succeeded in enlisting an aid which bids fair to realize best hopes—the erection of a the their sililalie monument to heroes of Valley Fe 1 ge. Mr. money stubs for Ch Drexel has consented to receive ribedd and act as treasurer Ww. lend the associalion ; {re200, and ilds, and others of their stamp, their efforts to the cause, It were invidious perhaps to name all i il the helpers they have secured, bul we cannot avoid naning specially Joo. GG, Whittier, the poet of world-wide repu tation. We which shows his sympathy and explains itself ; it wili nie pennitied to copy his letter, be read with pleasure by all, endorsing as he does, the labors of Mrs. Cone, Bostox, 15, 11th mo. Dear Mrs. I have read with great satisfaction thy able articles on the neglected dead of Valley Forge. The poem* sent me will find a place through its own merits, without any effort of mine, but I will send it to the Boston Transcript, the best literary daily paper here, I am very truly thy friend, Jonax G. WHITTIER. It is to be sincerely hoped that these ladies may meet a warm approval of their unselfish efforts everywhere. *4The wild flowers of Valley Forge." — Bryn Mawr Pa.) Home News fp English Railway Promotion. ‘One | A man began as a porter ; by and by he was made one of the railway police ; if he behaved well he might get to some other office ; he might become an in spector of luggage trains or cattle trains ; he might become the station inaster of a small and then of a larger station. Similarly he explained to me the system of promotion in the engine driving department of the line. A man generally begins as a clearer, then he becomes a fireman, and afterward a regular engine-driver. There is a long drilling before a man becomes fit for what is called the foot-plate life. In- deed, many of them never become fit for it; for there are countless oppor tunties for committing blunders, and a man who commits blunders is never fit for the work.-Jhe driver of a lo comoti ght to understand from bd and experience all about his ocomotive, He should know all about hisengine, just asa driver or rider should properly understand the temper of his horse, He begins with belonging to a class of enginemen whe are called the “relievers,” In reality, they have no engine of their own, but they take charge of the engines from the drivers who have come from the main line, His first work is generally on a pilot engine, where he can’t do much harm to any other person than himself, A man learns to drive a goods train bee fore he is intrusted with a passenger train ; but it is generally ive or seven years before he gets this promotion and then it is on a slow tram; he is then promoted to a fast passenger train, and then to an express, There are three things to which a good engine- driver has to look : First, the condition of his fire, which ought to be burning well before starting ; a thorough taking stock and examination of his engine be- fore starting and then a constant look- out for signals. The slighest nuistake in overlooking the little red light, or, indeed, in not noticing any incidental * Wi Recent Legal Decisions. CORPORATIONS DEBT —A UMISBIONS ov O¥riCcERS. In an action against a | Receiver of a corporation the claim was disputed, and the controversy turned on the sufficiency of the evidences to prove the claim. In this case—Webb vs, Smith—the plaintiff recovered, and the defendant carried the case to the Supreme Court of Colorado, where the judgment was affirmed. The Judge on the trial allowed the plaintiff to testify that before the Receiver entered upon his duties the Secretary and Su- perintendent of the company acknowl- edged that his bill was correct when he presented it ; and he was permitted to state that the President of the com- pany told him in the city of New York that he would “* see the bill paid,’’ the company being short of funds then. Judge Helm, in the opinion, said : **The company being a corporation could con- tract debts, audit accounts therefor, and pay the same only by its agents, Under the circumstances disclosed by the record in this case we conclude that the Superintendent and Secretary were its general agents in the transaction of its business, and that they were clothed with all the powers essential to the suc- eessful management thereof, The dec- larations objected to bad reference to a past transaction ; they were admis- sions of a debt previously contracted ; they were not admissible as part of the res geste, and. they could not bind the company in estoppel, But, being made by its generalagents and representatives concerning an indebtedness clearly with- in their power to contract and pay, they were admissible under an excep- tion to the rule excluding the declara- tions of an agent made subsequent to the transaction to which they relate, These declarations were, however, proof only prima facie against the com- pany ; their entire effect might have been defiroved by corrections or by ex- planations showing ignorance, mistake or want of authority in the premises,’ TrADE-MARK — CoMPOUND—DES- CRIPTIVE NAME, -—A molien for a pre- liminary junction to restrain the use of a trade-mark was denied in Hostetter va. Fries, in the United States Circuit Court for the Southern District of New York, the bill of complaint and the affidavits not showing a sufficient case, Judge Wallace, in the opinion, said “Complainant's property consists in the right to use the name ‘Dr. J. Hostetter’s Stomach Bitters’ in connection with certain labels, bottles and other devices which designate the preparation as of their own manufacture and indicate its origin. The bill alleges that the defen- dants are engaged in manufacturing and selling certain essences, oils and extracts, which they represent can be #0 manipulated and used as to produce a good imitation of various well-known brands of bitters, among them an imi- tation of Hostetter's Bitters ; that they sell the same to compounders and job- bers, with instructions to the purchasers #8 to the mode of compounding the bitters and selling them as the genuine article, and that such purchasers com- pound the essences and sell the bitters made thereby to retail dealers, and the latter preserve the empty second-hand bottles which have been sold by the complainant, having the labels thereon, and refill them with the bitters com- pounded from the defendant's essences, and put them off upen the public as the genuine bitters of the compiainant’s manufacture, The complainant has neither the exclusive right to make bit- ters compounded after the formulas of Dr. Hostetter, nor the exclusive right to sell bitters by the name of Hos tetter’s Bitters, The preparation never had any name until it was offered to the public and chartered. When a new article is made a name must be given to it, and this name becomes by common acceptation the appropriate descriptive term by which it is known, and therefore becomes public property. If there were nol, many persons could acquire the exclusive right to a formula by giving a nawe to the com- pound produced, not only when the compound has not been patented, but when it might not be the object of a patent. All who have the right to manufacture and sell the preparation have the right to designate and sell it by the name by which alone it is known, provided care is observed to sell the preparation as the manufacture of the seller and not the prepmration made by another. A ‘trade mark ' oonsists of a word, mark or device adopted by a manufactarer or vender to distinguish his production from other productions of the same article. A name alone is not a trade-mark when it is understood to signify not the particular manufact- ure of a certain proprietor but the kind or description of the thing which is manufactured,” : COPYRIGHT — PROTOGRAPH — NO- TICE. — Anaction was brought for dam- ages for the infringement of the copy- right of a photograph. The defense signals, may wreck a train and ruin a | driver, — covered in this case—Sarony va. The Pearson-Giles Lithographic Company. in the United States Circuit Court for the Southern district of New York, and the defendant appealed. Judge Carr In the opinion said. ‘‘First. The con- tention of the defendant, briefly stated, fs this: That there was no constitu- tional warrant for the copyright act; that a photographer is not an author, and a photograph not a writing, The Court should hesitate long, and be con- vinced beyond a reasonable doubt, before pronouncing the invalidity of an act of Congress, The argument should amount slmest to a demonstration ; if doubt exists, the act should be sustained, The presumption is in favor of its valid- ity. This has long been the rule—the rule applicable to all tribunals, and particular- ly to Courts sitting at nisi prius. Second. As to the notice, the object of the stat- ute was to prevent a person from being punished who igmorantly and innocently reproduces, ’’ Loss or BAGGAGE BY CARRIER EVIDENCE. —An action was breught against a railroad company for the loss of a trunk, and on the trial the defend~ ant insisted that the evidence was nof sufficient to prove the shipment, identi ty and loss of the trunk. The jury found a verdict for the plaintiff and the com-~ pany appealed the case— Denver, South Park and Pacific Railroad Company vs. Roberts—to the Supreme Court of Colo rado, when the judgment was affirmed. Judge Beck, in the opinion, said: “The plaintiff bought a ticket over the defendant's road to B |, saw his baggage there, gave up his check, and received defendant's check ; upon reaching B. the company offered him anotlLer trunk than bis own, and did not deliver his trunk to him at all.”’ This is sufficient evidence to justify the finding of the jury that the company was responsible for the trunk, and the judgment for its val- ue must be affirmed. CORPORATION—NEW CORPORATION — DEBTS — ASSETS. — A corporation col- lected certain salvage money and did not pay it over to those entitled to it. This corporation passed over to a new corporation its assets, business, good- will and stock In everything whatever, to the creditors of the cor- poration to satisfy their claims. One of the salvors sued the corporation for his claim— Brum vs, Merchants’ Mutual Company in the United States Circuit Court for the Eastern District of Louisiana, and Judge Pardes, in giving him judgment, said : *“The capital of the new company was oer- tainly made up of what was left of the assets of the old company. I have no doubt that everything was intended and carried out in the best of faith, and I am inclined to think that if the debts due libelant for salvage money had been known that it would have been pro- vided for. As the new corporation toekjall the property of the old company, leaving nothing to pay the amount due libelant, and, as it took it not as creditor but as owner, it seems clear to me that it must pay the debts of the old com- pany, at least to the amount of the assets converted, trade, Insurance - Horse Breeding. In the Chief Inspector of Sheep's Annual Report attention is called to the carelessness exhibited in breeding horses Large numbers are imported every year, and purchasers give higher prices for the imported stock than for South Aus- tralian bred animals, The rearing of good horse stock isa most valuable industry, and it is as easy for the farmer {0 breed good stock as in- ferior. One animal does not eat more than another, but certainly the good is more valuable and will sell for a better price. The number of inferior entires which are allowed to be used isvery large in proportion to the sound, useful animal. Our small local shows, too, rather tend to encourage the low class animal, as often an entire has obtained a prize, being merely the best animal on the ground. He is advertised, and at once obtains mares that would otherwise never besent. This breeding of inferior horses has already become a serious evil and breeders should endeavor to check it. The suggestion of the Chief Inspec- tor is worthy of consideration, that atax be placed on all entires of £20 per annum ~even £30 would not be too much.’ In France, where horsebreeding is studied, no animal is allowed to be used unless sound and can pass an examination, The consequence is that the Norman draught horse is mow coming to the front, and is in greater demand than any other breed. Why don’t some of our breeders take the matter up and consider the best means of checking the evil ?—Garden and Feld, Adelaide, Australia, “Mr. what is a grass widow ¥"' asked a Harlem youth who had been reading in the papers about a person of that de- scription. “Why, my boy, I can’t ex- plain it exactly.” “I'll bet I know, anyhow," said the smart youngster. “Well, tell me.” “‘A grass widow isa hay fever,” he exclaimed. Then be oat's nose with red pepper.
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