Amfr ic a n Wm 11 oluntccv ■'! -'r.K'i.t 7 81 JOIW B. BRATTON. VOL. 38. ftotmal. tfka DRIDAt DAT. Sha loin* beside her mirror, in her old accustomed place. • Yet something unfemiliar is on her lovely face; . She wears a wreath, a vhow«wbit6 wreath; which She never wore; - , . It <«veS a paleness to the cheek, unknown to It before. 2V*“ ““'den *°«th to the grove, and of the flowers beneath, She takeS the lily or the rote, to bind her midnight wreath; But °f? n ? **** Bathers not, though fair its blossoms L 6; Only the bride hath leave to wear buds from the orange tree. Once, only once, that wreath is worn,—onco only may she wear - -, .... , • hair*** wrealf> °fw« n 8e flowers, within her shining They wear, upon their soil wan bloom, the shade of coming yeanr; • “ Tho spiritual presence is around of human hopes and fearaj Ay, let her soft and thoughtful eyes upon her mirror dwell, Por. in that long and tender look, she tnkoth her farewell Of all her youth's unconsciousness. ofal| her lighter cares, - And fotf a deeper, sadder life—a woman's lot prepares. She leaves hor,old familiar place, the hearts that were hei own; Ttitt love to wmcn cne uuita neraeu ta yet b tnmg unknown; Though at one name her check turned red, though eweet it be to hear* Yet for that name abe must reiign so touch that liaa been dear. It ia an hntioua bappinea*.—lt la a fearful thing, When Aral the roaiden'a email white hand puta on the goldeu ‘ring; 1 She pgaaeth from het fhther'a homo unto another** care; And who may any what troubled hour*, what sorrowa wait her there And,Love end life are. myaterlea, both bleating and both - blbat i* f ■' ' And yet hnw much they teach the heart of trial and unreal! Sweet maiden, white theae troubled thought* *mld bridal ,-fiinclea aweep, Well rnayat thou penalve watch thy glats, and turn aalde to ' weep.- jwaceiiatmitw. DEATH lit THE EYE. , Oil THE DUEL ON HORSEBACK* Or CllAfl. SUMMCRfItLD. Colonel Bill Borlin Wat Iho gtneralinimo of the Texanljyhehera. Mo well deserved Iho lillo which he .had won by many a desperate deed, fie possess* ed sucMocrodible skill, in the use of all aorta, of j ttaurderous weapons, that it might be pronounced virtual suicide to even think of encountering him, so rspldiwas his motion, so unerring his mortal aim.— The terrible cognomen or * Death In the Eye,' told truly the mark at which ho always fired—a mark he had never once missed—while such was bis aston ishing Sickness, that his antagonist usually Tell without pulling the trigger. An enemy stood no belter chance by resorting to the sword or bowie knife, against one in whose hands the flash of steel was like lightning—as swift, as mighty to slay—one whospposred to surpass all other men as much ,in strength as in activity—a giant in stature, a gladia; tor in practice, and a fiend in courage. Ilia blog* laphy in ilsfelf Was mord' thrilling than a novel, wilder than the wildest romance; and tho very first act this dreadful daring revealed, in all their force and. fullness, the two essential elements of his char* actor—the ferocious stdor of his appetite for revenge and the iron pertinacity of hia indomitable will. At the, ago of lyveoly,hc pursued the assassin of his brother nil tho way from Carolina to .Canada, and shot him dead at tho dinner table of a tavern in Quebec; yet, such had been the cunning of his previous arrangements for this event, (hot aided by numerous relays of swift her>«*, nr- -- capo safely to iho Chnafc. Tiie achievement coat him ten thousand dollars. From this lime forward his life was one tong war. Almost every month In tho year saw him engaged in some fatal duel—fatal only to plhers, never hurtful, to Mm—while each week Witnessed the occurrence of casual affrays, often as bloody as his more regular combats. Ho was the Napoleon of tho knlfa and pistol. But the truth of impartial history compels mo to record, that this man, id fearful in his deeds, whoso right arm rocked with gore to the elbow, was not commonly the ag gressor .in Ms quarrels. Offer; the friend* of those he had vanquis|ied in fair fights assaulted him, from motives of revenge. The fume of Ma prowess pro* Vokod the valn'jeulousy of rthers. He had acquir ed the perilous reputation ol a matchless hero—the ardent, |Ke desperate, the ambitious, would win, if possible, his laurel*. Every young Hercules longed to kill the lion, so as to clothe himself in his skin, arid thus was Borlin forced to maintain an inter* mlnable war. 'ltisso (n alt professions. There can be no peace in high places—storm, hail and thunder will break around tho mountin'* brow. ! This duelist was one'of tho earliest settlers in Eiston Texas, where ho became tho chief of the Lynching party. In his own county of Harrison ho boundless influence; indeed, he would not suffer a foe to reside within its limits. Hence, be might have openly defined the (aw, had.such been hie pleasure; but his shrewd and far seeing sagadity adopted a wiser and safer course. After perpetrating any homicide, ho invariably submitted his own cate to the grand Jury, auro ofa triumphant acqullal by his friends oh trial | and,thus, should public sentiment ever tbrri against him In the future, he would be en* obted to plead effectual verdicts in bar of all past length Iho llmo arrived which tho Colonel had so long anticipated. , A wealthy and Intelligent class of citizens began to change the current of opinion in Harrison, so that In the county election the friends of order,, by a slight majority, gained their otndidale for Sheriff. This waa a terrible blow, to the Lynch ors. as it deprived them of their aecuro vantage ground In packing juries; and to Increase their danger, at this unpropillbos oriels, a new judge was also appointed. Tho old faction, however, did not dispair. They were still numcrous.lhoroughly arm ed, and desperadoes to a man, and determined at the first court-to master all their strength, so as to control and overawe their proceedings. 'At 3 o’clock, in the morning of the second moo | dayin September, 1842, the new judge look his> seal oh the bonoh. He was a stranger from the West, whose name had alone transpired, and whose appear once,at first, Inspired lho,dosperadoet with hope, and the friends of order with doubt and painful appre hension. Charles Evans was a young man of Iwon |y, . two—tall, Blender, extremely handsome, and dressed .with tbo most finioial laslb— his fingers flashing with rings,and bis person adorned In the most gaudy, manner. Hia, long hair of a bright golden color, waving In curia around his shoulders, and tho sweet smile of compUicenl vanity beaming on his features,gave him an aspect almost ludicrously Borlin gazed on this apparition within o{Table contempt, and whispered to Ins o°m rtde, :r • We will have it all our way, as Houston has kindly sent us a Miss Nancy.* ... If lhe Colonel had paid more attention to the man and less to (he clothing, lie would perhaps have peon led (o'a different conclusion; for there was a strange j light In the vivid blue eyes of tho stranger, a Ilghti that went and came at irregular Intervals, like the j play'of lightning In a summer cloud, while the cor. nets of Ms mouth wore a wild, reaolule sneering expression, betokening the opposite of pliancy and grand jury be|ng called and sworn, the Judge commenced M* charge, and at the sound of M. voice everybody tfdrldd; fur tho tones wore shrill as a trumpet— stern, ringing, Imperious, like tho accents of axommandoron parade. Having glanced rapidly oyer tho legal definitions and penalties of crime, he proceeded to descant ujwolho responsibility of juries to aid IniU supprcWon. Hia soul appeared to catch electric fire at tho themb—hia voice borrowed the rich roll of thunder—bio vivid blue eyes literally bused with that strange light—the wild expression grow terrible on‘hU writhing lips, and his words flew like volleys of burning arrows. Ho painted the horrors of lawlosss anarchy till the very heart alok. .nod) I). da.orib«d tlie beaniio. of regular yo.orn, raonl .. i vl.ion of lie.von ro.llwd on ..till i and ho hn.ll eloacd with 111. bold .nnonnoom.nl — I will 1 put down If hdhini,' wh.ro.ar I h.fo Iho honor ofi pro.ldlnff, or 1 will myiolf bo pul in Iho ,r.T.I I • Than, Min Mncy I.Ko o.ro of your oy.«, orlcd a hoarie-voice, louder and more menacing than (hat of tho-Judge. , Every heart gave one shudder. The sentence Sdcrtied like a Warning from eternity—a revelation at it were, from the depths of hell. '.Who kre you that dare to interrupt the business of the court?' exclaimed Judge Evans,.with the dig nified of a king. 4 My name is Col. Bill Berlin; but most persons eall me • Death in (be Eye,* was the answer. ‘Butin law you have another name,* replied Evans, smiling. 4 Tell me what it Is, but take, good ckfo of your eyes!* retorted Berlin, with uspoakablo fury. *lt la murder!' said. Evans* and the smile on his lips, before pule as sunshine, was now a wreath of lurid fire. 4 You shall pay dearly for that word within the week!' (airly shouted the duelist, grinding his teeth like a raging beaat. ‘There is no time like the present,* was.(ho calm »«ptii j . _ __ * Now!* Interrogated Borltn, as If doubting the evidence of his ears. ‘Yea, now! if you have the courage to challenge the/ said Evans. *1 do challenge you,* thundered Borlin. 1 And I accept/ answered Evans. * Name your seconds.* * We will fight without any.* * The terms?* asked DorliOiwUh signs of aston ialimciit. •On horseback, in the little prairie west or the village, one half hour from this, each armed with aa many pistols and knives as he can procure or aeoa 6lto carry,*said Evans, apparently passionless, as if defending a motion in court. No one but tho chief aclorajn this extraordinary SCI iene, uttered a syllable, or offered to interfere, fur all saw (hat such attempt* would be unavailing, per* haps dangerous to Ilia medlar* One half hour after* wards, the parlies mot in the little prairie, which was circular In form and about three hundred yards In diameter. By tacit consent, both actuated by the same purpose, they assumed their stations in (he edge of-lhe timber on opposite sides. Both wore strong belts,'literally stiff with knives and pistols.— Both were mounted on powerful steeds-but of oppo* eito colors, (hat of (ho Judge being's-while as a snow clood, white the Colonel's was black and glossy as the wing of a raven.- The features of the riders in that race of death presented verj different.types of expression. -The Colonel's brow looked dark os the gloom of a tempest, stern , lowering, awful; but tbo handsome, face of thb Judge was gay, ■ smiling, joy. us—brilliant as the sunbeam that kissed it. The multitude stood around in the grove, speechless, al most terrified with the scene about to open. Suddenly Iho Colonel waved a white handkerchief as the signal (hat ho waa in the act of starling; and I swift’ as arrows from the bow, terrible as balls from I the cannon’s mouth, the two horsemen, with pistols I cocked, and fingers firm on (ho trigger, shot towards leach other. When within fifty steps of each other, I the Colonel halted wilh surprising dexterity, and I crying in loud tunes —* Now take care of your eyes! ’ I levelled and fired. At the instant the-Judge urged his liotso to on evolution, as if bounding over a wall, and the bullet aimed for his eye, struck the silver pummel of his saddle, and glanced off without harm. Continuing his funner velocity, ho passed the Colonel within three feet, discharging his weapon at the other's teS^.W u l n u fl As , ).w tffllJUJlWtl. renewed their headlong course. This lime neither halted, but passed, almost touching each other, and both fired na they passed, each drawing from his foe a stream of blood. The same charge was repealed with tho like results half a dozen times, their fire arms wero exhausted, save a small pistol in (he pocket of (be Colonel; and yet they both kept their saddle. ... , The last sweep of. all was terrific. Tho horses were bathed In foam, the riders were covered with ■ blond, and both reeled In their eohlt; yet they rush; l ed onward madly as over, while two terrific once, as they started, warned Iho appalcd spectators that this i shock would, bo final. Some desperate Draught ( scooted to have occurred to each at (he same Instant uttering itself in those wild erics—yells, like nothing earthly, but shrieking, savage, demoniac. On they flew—they kept straight onward—they swerved not the right or left—and they met like tho collision of adverse comets. Down went the strong steeds— down the furious riders. Ahl surely this must bo the end of all I Not yet. Sec, the Judge rises, lot* luring slowly to his and his fsco still wears (hat Indiscrilublo smile, unquenchable by all Us blood, unconquerable by,»U its bruises. The Colonel cannot aland, yet ho Is not dead—he writhes in his agony like a crushed worm. The Judge approach es, crippled, halling,to his enemy sloops,and plunges the sharp knife Into his heart. He.is tho victor on I Itlo field of death I Not yol. Hark J a crack, a roar, | a fall—the Colonel masters also, Ills expiring ener gies, fires his last pistol, and exclalmcs in tones of hellish triumph—*l told you to lake caro of your ei l’he horrified spectators rsn to the spot. The an* (agonists wore both dead, and the right eye of the Judge was shot out. Tho Cotonol was * Death in the Eye S’to tho lasl. Five Jacks In the Pack* BY SQUIRT. U la woll known (hat tome ten yoara back il w*a Impossible to travel on Ibo Mississippi River with* out meeting with numerous gentry, denominated •portamen, but more appropriately termed blackleg*. In these days it was ol' frequent occurrence that the 1 pilots, engineers, and sometimes oven the captains 1 when off duly, would take a hand at poker or brag, and indeed ao accustomed were they to witness the various devlcos’and tricks practised by these worth ies on their unsophisticated travelers, that it would bo next to impossible for the most accomplished to impose their sciena successfully on any officer at tached to a passenger boat* A‘celebrated pilot, by the name of Chadwick—and who haa traveled the Mississippi within the past ten yeare has not heard of Chad 7 (if he Is not persortally known to him)— was, on ono occasion, Invited by one of the sporting gentlemen to take a hand at ‘old sledge,* at a quart er a game. Our hero accepted the challenge, knowing at a glance the complexion of hla customer, watched him with so much keenncse.tlml hla antag onist had no opportunity ol * pulling up tho papers. The game progressed, and Chad had now somo four j or five dollars off his opponent, whoa the latter got* I ling tired of wasting his valuable lime, and the boat I nearing a landing, concluded to bring the game Ip a ! close, and to take with him a/eto dimes, so address. | log the pilot.andalmuUsnoously drawing from ms, pocket a well filled purse, ho aaldj— 1 *My friend, I am now about leaving, and I II bet | you one hundred dollar* that I will turn a Jack the | Well; replied Chadwick •If you'll explain as’wo ] ■go along, ao that 1 can understand it fairly, perhaps I I will; but wo may aa well play one or two more at i * old alcdgo,' so as to lose no time.* , 1 1 Ae they oonilnoed. their quarter, game, the faccy gentleman wsa particular In making U clear to the mind of tho pilot that there being fifty-lwo cards In the pack, and only four Jucka, tho chances were al together In his favor. So being satisfied on that point, C, *"novv! my friend, I think I understand, and 1 be lieve with you that 1 luvo altogelher the advantage, but if you want to bet ono hundfod dollar* that you will turn a Jack—the first lime, mind jou— out of that pack; here Is the menev. Now anti op. The money waa covered In lea* time than It taae* U, to writ*, .nd llio epntUm.n, repotting the l«m. .nd nature of bet, t.kce Uie c.rde end lurne lliem ""•There!! my friend, I teekon there I. * Jack turned the Brel lime I hand over the money.’ ‘Not euT.el, my ancient,' edde Chid, ' not unto., there nee Bvo Jacke In the peek, fur I hive four In ** OUR COUNTRY—MAY IT ALWAYS BE RIGHT—BUT RIGHT OR WRONG, OUR COUNTRY. 1 * CARLISLE, PA., THURSDAY, JANUARY 22, 1852. my coat sleeve. Perhaps I rake the pile. 1 ' It is needless (o add, that Chadwick, the pilot, had turned Jacks before, and while tbo sharper supposed lie was enticing Chad In a sure trap, Chad fas boa ily occupied In transplanting the Jacks from iho pack to the coal sleeve of his pilot coat. The Blodcl Aaaltand. As Ihe press thioughout tho country hd'e been giving circulation to ft picture of tho* modj wife/ for the past three months, we believe wo oa| do no better than to do juatico to the * model hUsbtbd,’ by giving the following portraiture of that* exohplary individual| which.we find floating about in cur ox* changes: • . - His pocket book is never empty when his calls fur money. He sits Op in bed at. night, folding Thomas Jefferson Smith with a pap spoon* whilst his wife fakes a comfortable nap, and dreams of the new shawl she. means to buy tho next day. As • ono good-turd deserves another,'he is. allowed to hold about the soft molasses gingerbread that ii robbed into Ills hair,coat and veal during these happy con. jugal seasons. Ho always laces on his wife’s boots, lest tho exertion should make her too red in tho face before going out to promenade. He never calls any. woman pretty before Mrs. Smith. He gives'the female Smiths French gaiter bools; parasols and silk dresses; and the boys now jackets popguns and crackers, without any questions. He never breaks the seal of any of his wife’s billot* dour, or pcepujver her shoulder when she is anaw ering the same. Ho never holda the drippings Of the umbrella over her new bonnet while.his iaat new hat is innocent of a rain drop. Ho never complains when he is late homo to dinner, though the little Smiths may Have left him nothing but bones. He never lakes lho*uewapaper end roads It before Mrs. Smith has had a chance to run over tho advor. tiaemenls, dealhi and marriages, &c. Ho always gols into bed first on cold nights, to take off (he chill fur his wife. If the children in the nest room scream in the night, he don't expect his wife to take an air bath to find out what is the matter, lie has been known to wear Mrs Smith's nightcap, in bed, to make the buby think it was its mother. When he carries the children up to bo christened he holds them right end up and don’t lumbto their (rocks. When, tho minister oaks him-the name, he eays, ‘Lucy, sir,' dislinclly,that ho need not mistake it fur Lucifer. ■ He goca homo and trotalho child till the aermon is over, while his wife remains in church to receive tho congratulations of the parish gossips. If Mrs. Smith has company to dinner, and there aro not strawberries enough, and his wife' looks at him with a awcet smile, and offers to- help him (at tho same time gently kicking him with her slipper under tho (able,) he saye *No thank you, dear, they don’t agree with me.” Lastly*-ho approves of Bloomers and pantaloons, or ho says women will do as they like—ho should as, toon think 6f driving tho nails into his own coffin, as trying to slop her. STORY OF A RUSSIAN PRIEST. ’ Tho cruel complications to which (ho system of serfdom and tho haarllesfrtese of serf owners some* times load, are strikingly exemplified in the story cf a Ruaaian priest* with whom Mr. Jermann made an acquaintance during an.excursion near St. Peters* buig. The. priest** father was a serf on an estate yearly abrok, or fine, ' in lien of the labor ho was bound to perform. He. obtained employment in the ; household of a rich goldsmith, and there occupied his leisure in drawing, for which ho had a natural taste. One day he surprised his employer by the exhibition of a beautiful arabcsqno design. The goldsmith,' struck by his ability, released him fiom his mental duties, and tnok him as a pupil into his workshop, where hie talent, backed by unwearying assiduity, soon converted the dull peasant into a highly skilled artist. , i Thus lie continued until ho reached his fivc-ond. twentieth year, when lie fell in love with tho gold*, smith’s daughter, a beautiful girl of eighteen! She ardently returned Ills love, and her ftthor consented to their union on one condition—*lhat tho serf should become a freeman. This condition could not bo compiled with. The count obstinately refused to liberate Ills vassal; all that entreaty could wring from him was the promise that, without absolute necessl. ly, he would not withdraw him from tho town. This did not satisfy tho old goldsmith; but ho could not I resist his daughter’s tears, snd tho lovers wero uni* I led. A year ol perfect happiness flew rapidly by.— . Then came the war with Franco; the bridegroom's! younger brother was taken for military service; his father died, and ho himself was summoned by his owner lb manage the now deserted farm. On his brother’s return from the army, ho was to be at liberty to go back to Kssan. But bis brother never returned, and the poor artist, the ounnlng worker In gold and silver, was condemned to follow the plough, whilst his froo born wife sal beneath a self's roof, nursing her infant son, child was her only consolation in her sadly altered circnmslsn* cos. She passed her lime In dressing and adorning it, and the fame of Us beauty, spread through the hamlet, till it reacted the ears of the countess, who demanded to see 1 lie child. Tho proud mother decked it out like s lamb for the sacrifice, and took It to the castle. The cdunless was delighted with its beauty, as she might hove been with that of e,poodle or par* rot, and declared her intention to do its parents the honor of adopting it. In vain tho mother wept, lim plorod, and rn*ed In despair at thfrprospocl of losing her ann. Tho infant remained upon the,countess lap, tho mother was forcibly turned out of the castle. Brought up In luxury; tho boy thought not ofthe parents he bad scarcely known* Tho count died soon after Ills adoption, leaving hie widow with two sons and s daughter, besides the adopted son and two adopted daughters. The six children grew up together In perfect equality, receiving the same ed uoalion, sharing the same sports, until the serfs son reached his fifteenth'year. At that period the young count foil dangerously 111. Tho .physician* abandon ed him, and his despairing mother mode a vow, that if ho recovered, she would devote all her adopted children to the church. He did recover; she sent her two adopted daughters to a convent •, one took tho veil; tho other ao obstinately refbsed it, lh*l the an oorior of the convent sent her back again to the ooimless, who, furious at her refusal, gayo her in murriogo to a gamekeeper, a dissolute follow, who took hot away to Moscow. Then oune tho turn of the goldsmith fl eon. lie had no team for tho priesthood, but what could ho d«7 A serf, and a eon of a serf, obedience wsi -hie only passport to freedom 5 refusal would condemn him to a life of toll and misery.. By consenting, ho at set ■ecured hie emancipation; for no serf can bo a priest | in Russia. Ho yielded, wso received Intolbe church, end it wee during hie residence si the 81. rotereburg seminary that Mr. Jermann fell w h\n'* and hoard from his own llpa the aad elory of bis lift. Cuaioue Fact* About Rain.— -There U one wner» » kablo fact connected with the fall of rein, which he* . ncvbr yet revived explanation* Oyer ( •hy (riven epot, more rein falle el the aurface of the earth than above It. Ileberdon made aomo expert* ' manta to eaoerleln thla fact, In the fallowing" mennert 1 Ho Axed a rein guega on the equate part of the roof of Wealinlnslor Abbey, away from the western low. ora, which might obstruct the clouds, another on the roofofa neighboring house, end a third on tho ground of tho same. The number of Inches of rein caught on tho Abbey roof wee Id, on (he houae top, 16, end in the garden, 99. The illuatrloua French Aatrono. mer, Arego, hoe for many year* noticed the fall of ruin at dlffaroqt holghla el tho Obiervatory at. Peril, •nd hia reaulla, with which hundred* of othersagree, nre like thoao of Hoberdon. Tt la well known that tho quantity of rain which fall* ol the foot of a mounr] lain la considerably larger than that depoiliod on it* liummll. Many explanation* have boon offered of; illhla ourloua feel, but none to which the scientific 11 have given ainclion. CORRESPONDENCE, JUDtiB GttAHAsk’S CHARGE TO THE • GUARD JCUY, JAB. TJEttM 1809. Grand Jury Room, -7 , January 15, 1853, t Hon. James H, Graham; t The Grand Jury, much pleased with your ad dress to them, and believing the publication of it might be ofgreat good te the community, In the explanation upon licenses and selling of liquor oh the Sabbath day, have desired me, as Foreman, to ask a copy for pubiicadon, which ! hope you may feel pleased to furnish. With great respect, GEO, H. BUCHER, Foreman. f- Carlisle, Isth January, 1853. Dbir Sm;-fAgreoably to your request, 1, here wlth transmit a copy of .the chare© to which voti "* * voryrespectfully, yours, &c.’ J. H.'GRAHAM. Geo. 11, iocuEß, Esq., Foreman of the Grand Jury. CHARGE. GRNTLKUEPOPTItS.GRAND JURY Your. <ath is, “that you wilt diligently In quire, and rue presentment make, as well of ail such mattes and things as shall be given you in charge; as nose things which you know to be pre* eentable* The Commonwealth’s counsel, your fellows andyourown,you shall kebp secret. You { shall presmt no one for onvy, hatred or 111-will, ( neither shal you leavoany one unpresented through , fear, favor,'allbclion, reward, gain, or any hope thereof, but you shall present all things truly as they shall tome to your knowledge to the bast of your understanding.** ; This is q brief but comprehensive summary of your duties is Grand Jurors, and wo cannot belter aid you in tho discharge of those duties, than by adverting a Sttle in detail to tho requirements of j your bath. By it you arc enjoined not Only to In-, j quire, but to inquire diligently as well “of all such matters end things as shall be given you incharge, as those which you know to be presentable.*’ You will obsoivo 7 **» am.;.* ... nn , limited.in a disposition of the bills of indictment which may be laid before you by thff District Attorney , Your oath requires more extended inquiry, and that you make presentment of all criminal offences known to any member of y out body which may have been committed within the limits of your county. Se lected as you have been from the different sections of the county; it can scarcely be supposed that any flagrant breach of the peace could be perpetrated without coming within the knowledge ot one or more of your number. - And here we would advert to a misapprehension which we.believe is frequent ly entertained by Grand Jurors, to wit, that their duty only requires presentments lo be made, when * the factsupon which such presentments are found ed, are known to one or more of the jurors. Al- though it is true that no presentment ought to be made without satisfactory evidence from those to whom the facts are known, and Grand Jurors would | not he justified in making presentments from ru cause to yet where they have just of Information,lh&rnagrWV , /tumt^T«4‘Vh‘ i f.ftPi , rnfls inal law have been committed, and the peace.and dignity of the Commonwealth have been wantonly, outraged and violated, It is a misconception of duty to pass over such rumors, under the pretext that the facts are not within the personal knowledge of any juror, and therefore beyond their cognizance. You will recollect that you are required to make diligent inquiry of all such matters and things as you know to be presentable. Dy diligent inquiry you will not understand a mere inquiry, of each other whether a violation of our criminal laws has come within the personal knowledge of any juror. If any member of the Grand Jury has reason to be lieve, either from public fame or private informs lion, that a criminal offence has been committed within your jurisdiction requiring the notice and action of your body, it is his duty to make known the circumstances to his follow jurors, and should you deem the case such as to require investigation, ample means will bo afforded you through the me- Idiurn of witnesses, to make the necessary inquiry .and ascertain the truth. Although the Grand Jury 1 have not the power to issue subpoenas or process to compel the attendance of witnesses before them, I the Oouri, upon your representation, will aflord every facility by subpoena and attachment, if ne- I cessary, to 'secure the ailendancoofsuoh witnesses 1 as an efficient and conscientious discharge of your duties may require. You are also required to keep secret the Com monwo-Oth’s counsel, your fellow Jurors, and your own. This Is an important part of the doty of a Grand Jhror, which wo fear. Is frequency regarded whit too much indifference. The counsel, advice, direction and instruction of the District Attorney, whose duty it is to counsel and advise with you W henever you may require it. Is not to be divulged to any one beyond the limits of the jury room.— Tho sayings and doings, iho actions ami delibera tions of every Juror should be considered an invio lable trust by his fellow Jurors, and no one can oven give,publicity to his own sets and conduct In iho jury room, without violating the obligation im posed by his oath, I You aro further required, in the discharge of your duties as Grand Jurors, to diveal yourielvea ofovery feeling that could bias your minds, or ex ercise an improper Influence upon your Judgments ,uol« feelings as envy, hatred or 111-will, (ear, favor, affection, reward or hope of gain, should find no place In your deliberations. You have been selected and eet apart as the conservators of the peace, the morals and good order of tho communi ty In which you reside. Your duties aro grave and Important, and their proper discharge requires on your part the exercise of an elevated morality and high tuned conscientiousness. You will, therefore, be careful not to permit your Judgments to be Influenced by Indignation against crime, so as to carry you beyond the evidence and substitute your feelings for loots. But at the same lime you will be equally guarded, not to permit a misguid ed charily or misplaced sensibility to screen the culprit from the legal retributions of hie crime. There Is a penal statute to which we wish to direct tho attention of tho Grand Jury, as wo con sider the evil to which U applies oqs of the great est nuisances that can be inflicted upon o.oommu nliy. More than one hundred and forty years slnod, the Legislature of the then Province of Pennsylvania, passed on act to prevent public houses or Inns being kept without a license. In Its preamble the intention of tho act is said to bo, “for preventing disorders and the mischiefs that I may happen by multiplicity of public houses of 1 entertainment.” The wisdom of this early legislation and Us sa lutary influencs, wo believe, have never been doubled, and olthough various supplements and amendments have been made to the original act, iho beneficial design Intended to be effected by the wisdom of our forefathers has been carefully guard ed, From that early period to the present time, U has been an offence Indictable In pur criminal I courts, to aoll spirituous liquor by less measure than a quart’ without a license. I The gain acquired by the sale of ardent spirits, [n small quantities, has Induced many devices to ’evade the provisions of tho law; such as selling i liquor by lbs fool or by the ounce, or a cracker or la slice of cheese »t • price above their value,end then treating the purohaserforhis liberality. Such expedients to evade the letter of the law are mis- erable subterfuges, which will not avail those who practice'them. The law Is broad enough to cover and strong enough to hold all those who think to escape Its meshes by such cunning trickery, and when such are detected-in their craftiness, they certainly merit Its. severest penalties.: We can scarcely conceive a greater evil that can be inflict ed on a'community than a tipling bouse in their tajdst, where'the youth, justverginginlo manhood, whose characters for good or evil through life are being formed, are permitted to meet in companion shin with the idle, the profane and the besotted, and pass.an occasional hour under their contain!- nating influence. If therefore, you wish to protect the youth of the county from such pernicious, ex amples, you cannot watch with too much vigil* anco, every influence which would corrupt tholr morals, nor expose with too much rigor, those load Ihetn from the pbtns oi ustmnuuss aim vmuo. We have said that from a very early period in the history of Pennsylvania, the sale of intoxicat ing drink, in small quantities has booh restrained by legislative enactments, to those only who shall first procure a license. , The power to grant such license is now vested in the Judges of the Court of Quarter Sessions, and the whole tenor of the le gislation of our Stale on this subject, evidently contemplates that licenses to soli liquor by less measure than a quart, shall be granted where the Court is satisfied that a house of entertainment to accommodate the public and entertain strangers and travellers is necessary, and where the appli cant Is provided with the necessary conveniences for such accommodation, and is of good repute for honesty and temperance. But while the law contemplates that licenses shall be granted In.the oases to which we have re ferred, it expressly provides that no* Court shall license any Inn or tavern which shall not be neces sary to accommodate the - public and entertain strangers or travellers; nor unless they shall be satisfied of the fitness of the applicant and the suf- j ficiency of the accommodations, - < . As evidence of the necessity of a tavern or inn, tho good character of the applicant and the suffici ency of tho accommodations; the act of Assembly at !m«i tnialuo topUlMltlH CUl&t'tlS of the ward, borough or township, In which such tavern la proposed to be kept, should certify to the above requisites. . Although no license can be granted without tho petition being accompanied by the certificate above designated,'this wo consider only "prima facia evidence, and may be counterbalanced by the per sonal knowledge of the Court. But many appli cations will necessarily be made where none of the members of the Court have any knowledge either' ’ of the necessity of a tavern, the character of the applicant, or the sufficiency of the accotnmoda- lions. . • ... The legislature have therefore wisely provided that the petition of the applicant and the certificate to whloh we have referred, with the names of twelve reputable citizens annexed, shall be pub* lishsd in a newspaper in the county three tunes before the first day of the term of the Court to I which application shall be made... This salutary proyiaioaj>rWQDtß.q^Jj^flQM.^WmtQdJ v iiP= ern is proposed to be placed, and if the application is objectionable, either for want of tho necessity of a public house which the law contemplates, tho I character of the applicant, or the sufficiency of the accommodations, ample opportunity fs afforded to place the truth before the Court, either by remon strances dr affidavits, taken upon reasonable notice to the applicant. When application la made for a license, where the accommodation of the public does not reoutro it, or the character of,the applicant is-not such os the law designates, wo consider It as much the duty of those to whom the truth of the base is known, to make known the facts to the Court as it is.the duty of the Court to refuse a license, where the applicant falls to bring his’case within the pro visions of the act of Assembly. It la a maxim of law that he who remains silent when ho ought to speak, will nol'be permitted to gainsay an act in duced by such silence*, and certainly he who knnui ingly and silently, permits a fraud to be practiced upon the Court, ought to bo the last to complain of the consequences of such fraud, which, if not committed, haa been permitted by his tacit acqui escence. • . - J , L Although thlssubject is not connected with your duties os Grand Jurors, it is one of much import ance, and on which there Is much diversity of opin ion. We therefore consider it proper, and. tho present a fit occasion, to express «>ur views of the laws on the subject of licensing public houses, nqd the duties as well ofiho Court as the community, arising under those laws. - There is another subject connected with public houses to which we consider it proper to refer, he -1 cause It was made the subject of a presentment by I the Grand Jury at the last term of our court. Wo ' allude to tho sale of liquor by tavern keepers on I Sunday. This is noton indictable offence in Penn sylvania, and therefore is noi cognizable by Grand Juries and Courts in their official capacity, Uut we fully concur In the views expressed by the last Grand Jury, that closing the bars of our public houses bn tho Sabbath ie a measure highly proper and commendable, and one which would greatly conduce to the advancement of morals in the com- m *AUhouah tha fliile of liquor on Sunday Is no» punishable by Indictment In our criminal courts. wb Bra pleased, through you, to have an opportu nity of oaylng to the citizens of our county, that there ate upon our statute book legislative enact ments ample to afford a summary and effective re medy fo> the evil preaentedhy tholaat Grand Jury. Ae early aa 1701. the legislature of Pennsylva nia passed en act imposing a penally of four dol lara upon any person who should do or perform any worldly employment or business whatsoever on the Lord's day, commonly called Sunday, works of necessity and charity only excepted.— Thin penalty isrecoverable'by Information orcom plaint before a Juaticeof the peace, one half for the use of the poor, and the other half to the person who shall prosecute for the samel and on failure or Inability of the delinquent tO'pay, the Justice is requited to commit him without ball or maioptuo to the county Jail, there to suffetelxdeys Imprison. n 'q*ho inn keeper who sella liquor on the Sabbath, violates this law, and Subjects himself to its penalties, i just as much as the merchant who tells Ida goods or the farmer who plows his field on that day. That we are tight In thus construing the act, is evident flora the proviso annesed, which directs that nothing contained in the aotsh.il be construed to prohibit Ills dressing of victuals In lodging houses, Inns and other houses of onloilainmonl, for the use of sojoiirnoro. travellers or strangers,on the Sabbath. Thus It will bo seen, the Legislature considered It accessary to exempt by a proviso, from the penalties of the eel, the preparation 0 f victuals in public houses for so., inurners and travellers, but wisely permitted the sale l of liquor on that day to remain within its provisions j and aubleot to its penallles. ; , Under the provisions of thls set, the P o *" force the penallles Imposed, Is placed In the hands of every olliion. Although the law ie ancient, and, so far as regards the sale of liquor on the Sabbath, has remained on our statute book a deed letter , for inoro than half a century, It has lost none of its vitality by ege. but Is now ns valid and capable ofbolng enforced as when It first edtaneled from the superior-morality of out forefathers. Whether It shall be permitted to iT 51W) PEE MNlii- sleepTof Another half ccnlaryuobeodedatid'drsto;: garded, wo submit to tho; calm anddiapiisl.ooath consideration of tho friends pf temperance .and mo* ralily in Cumberland .county.. Of one thihg we (etf assured, (bat If (be penalties Imposed 1 thd Acf 6f 1794 were’rigidty enforced; it would conduce hnJoh' to that order and peaceful quiet whToh.obght lo''[lefi> vado the Sabbath in ovary Christian Before closing our remarks, it Is our duly f* dfkdil yotir attention' to ’an act of our passe dl tho 16th of February, 1647, for the'suppression’of gambling. This Act requires,its-provisions Ip'bd' given in charge to tho Grand'Jiify by tho President Judge of theCoufl of Quarto/ Session* id the re/ped* Uvo counties. . •. _• *• highly penal in its, provisions, and'.niakA gambling a misdemeanor Vndiclobld.lp (ha Quarter 'Sessions. It subjects the common conviction, to Imprisonment at hnrfl labor, in thd penitentiary; for not less than one nor mdre.liian.fijre df person who shall engage in gambling for or shall bo without any fixed residence, and th tno, habit or practice of gambling.*’ Any porshn whtf shall keep or exhibit any gaming table, ehtablWh'-t mont, dovtco or opparatus to win or gain other property of value,.or to aid;aesiet or-yermUj others to do the same,” is also lubjoclddld’lhß sartfo } penalties. . j• • : The same Act further provides that aby ■ persprl 3 who shall keep a. room, building, arbor,;bbolh, shedta or tenement to bo used or occupied for gambling;'. otf« being tho owner of such building or tenement, shall knowingly permit the samo to be used or occupied for* gambling, or shall rent the same to bo used or occu. plod fur that purpose, or being tho owner of each building or tenement, shill know that any gamlng v tables, apparatus or establishment aro kept or'ttfcdd. therein for gambling and winning,belting or gaining, ■honey or other properly, and ahall not-forthwith • cause complaint to bo made against the person m. keeping or using such building, shall, dh conviction, bo fined not less than fiAy nor mofo thin fire tup* dred dollars. • ‘ 1 Under this Act, (hequeatioa occurs, whst.is gamp*, ling within its spirit and moaning/,. From the nalurdt ofthoevil intended to bo suppressed, and from tlta words of the act, only those games whlch ore aUen.* ded- with M winning,:betting or gaining rnbhoy of other properly,” ore included within its It dues nut Include those games which are useful lhi,i exercising the body; aim - snuii «.w ; liied as innocent and healthy recreations, and whefd nothing is either lost by one party or gained by tbs other. Such games, when not conducted iq.coaribx ion with public houses, nor used to eneoulrogb the. young or the dissolute to spend thelr timo aha mbn'ey (for in such cases they would bo imllotabie hi ndU ! sanccs,) are not forbidden either by the cotnmbn law ’ or tho'sol to which wo have referred. The question in reference to' billiards and ten pins, came before' the Supreme Court oflhe State of.NowYork. These games aro frequently p/acllscd fur exeroisd arid rec reation,where Il ls cusloiniry for the. losing jiartyto pay tho proprietor a smell compensation.(or tho uife of tho (able or alloy. That Court prying fur tho (ablo by (ho rub Is not gaming witMp" tho moaning of tho law; that Illegal gaming implies ;, gain and loss between the parties, by belting, such as would excite a spirit of cupidity.” Wd consider this decision in accordance with tho principles of uonstruclion applicable to penal atatutes which ale never extended, by implication, to coses nol cloarljr But if[any of you know of any common within your county, or any one who koepk a g4mlr)g ' table,idevice or apparatus to win or gain ihbdey i o/ room or building uf any descriplion to be oied for gambling; or being the owner, shall rent such build* ing fur that purpose; or «IUT hiving tabled the a&me, shall know that It Is used for such purpose; fend not make complaint against the occupant thds usihgilf l in every such case it is your duty as Grand Jarofs'io -> mako a presentment against every such person or . , poisons, that tho proper proceedings maybe KarftitiyU ‘ od by (he District Attorney for tholr afreet aha frfil - ' under (ho provisions of the Act of Assembly* In transacting the business which may corps oeforu ; .you, cates may arlio in. which it will bb,necessary fur you to direct how the costs of prokeoutiop are to bo paid. Whoro you find a (rue bill, the costs will abldo the final disposition of the case by the trafsrso - jury; end in cates of felony, evon whord' tho bill Is : ignored, the costa aro nut under the control of lho : . grand jury, but must be paid bv Iha misdemeanors, where you ignore, or find not m woo bill, you must direct whether the prosecutor Of bounty pay tho coal* of prosecution, Where U appears lbs prosecution was Induced through til feeling or,impuio motives, or inconsiderately and rashly, wittibfrt evi dence to sustain ll—in such cases w* would rScom mend tho propriety of directing the dosls lobb psld by iho prosecutor; • •■ . •■ i. .• • :s' l lu passing .on tho bills. Which W(l[ be you by the District Attorney, It Will rpq'ulfe jurors to find a true bill, and when (hat ndnrtor siw t satisfied, it will not be depesafy to eoedpy fnrthsr • lime in the examination of witnesses! but you ought in no case to .ignore a bill without firal having .px- , amined all the witnesses on part of ihefJbrh'roqDWcaUh You are hoi permitted lq call olhef wllneaiek M* fore you than those whose names are appended to tbs • bill by the prosecuting attorney; and if in the course of your invoillgationi, you should discover othpr Ip, s*.; itmony of importance on, behalf of the Cohm>oß« wealth, you can.mako ll known to tHo District'At torney, who may add tho names of olliS'/witnessM- f to the bill,end have them sent bofore you; Aoy fiif. her information which you may wish, will bo gWpn tho District Attorney or the Court. If requeued.. TUB OYSTBII. The oyster, as moil of young readefs sro awsrs, it a shell fi*b alfuiding very nutritious and palaUblo food «yl*ioh ooKoiJoi « very great luxury. lu rainy i»i»rl» of tho world lha oyiter » • lurae size, Iho ihotU of lotno of which from tho eskl * of Madagascar wo have icon, measuring more then . • fool and a half ia diameter.. Some of theapjw,, •aid lo contain food sufficient for a meal for aeyfral men. All the varloue species uf oysters, slib iomo nihor kinds of shell fnh contain at limes Feans, but one particular species called the Pearl Oyster* ib-os* pecially valuable on Ihis account, ll has-a. strong ■hell, rough and hard on the oulelde, bul smooth and puliihed within. From the inlernolcoati of the iholl fe taken what li called mother of pearl, resembling the pearl In color, Bufll is ihopoail itself whlcbu by (ai Iho most valuable, Tho value of ihisirtieU increases In proportion to lu figure and colyf, a# i, well as. to its size. i,* : J ‘ca-'t ■■ The moat extensive poir! fishery U s4id |o W in the Persian dolf. It Is os wrolohcd and hdUfol aV occupation for a human being, as it I* poSslbla td**« conceive, Those engag'd in U srs mostly pl«yo* y , 1 they dive lo Iho bottom of Iho water, with •Ml . fastened lo their necks, fur the purpose of conla|niqg, • the oysters, and are let down by a to£e,wllh a stone • of 40 or 60 pounds weight, fastened lo It, to Wop • r them down to the bottom* whero they, remain • 1 length of lime almost Incredible lo ihpfo who h»«e I nevsr witnessed the operation j hie said f by long practice, being enabled to remain under • ter a nastier of an hoor, which we think Is eb o*ag. 1“ gorsllon. Their live* are consequently very shoth. ■ • being mostly cut olTIn the prime of life,,bjr dUfsop 1 occasioned by tho pressure upon the lungs while tq > the water, ’, ‘. A lady, rather Ignorant upon agricultural naallara* ■ant (6 the country the other day for aotae nice milk, which win carefully delivered to her by,the hand.ef 1a filond who procured it. The lady very ,ear*Mljr placed U in a nice open vcaael. with the datetmida tion of having ah odlra nice breakfast on her Hett milk. Breakftat canto, and her husband looked ih vain for the anticipated luxury.. 1 • WUV aeld he, * whore la that nice milk ■peaking.of,hut night 7 * • IT P * Oh, dour, it la tod bad * aho replied M‘lha milk |hle morning w<aall covered WHh * WW* ».yellow aennt, and 1 had to throw It away#. ’ 'X.T i. L'U- I M'f * % •i-i. 1 -•:■> -./iM m.w,
Significant historical Pennsylvania newspapers