XXXI VTH CONGRESS.
FIRST SESSION*.
WASMINOTOX, DOC. ft, 1855. I
SKNATK. —Mr. HACK'S resolution, calling on !
the President of the United States to inform j
the Semite whether lie litis received anv ovi- 1
dettee of such resistance to the laws in Kansas
as to require, the interposition of military force
in the preservation or restoration of law or or
der in that Territory, and if so, to lay the saute
before the Semite, was taken up.
.Mr. IIrsTKR remarked that it was unusual
to take up such calks before receiving the An
imal Message, which might contain the infor
mation desired.
Mr. HAKE consented that tlie resolution
should tie over, and moved when the Senate
adjourns it adjourn to Monday.
Mr. CLAYTON remarked that such an adjourn
ment would delay the reception of the message
which the country is anxious to sec.
Several Senators urged Mr. Hale to with
draw his motion.
Mr. HAKE —In view of the fact stated by the
Senator From Delaware, (Clayton,) of which I
was entirely ignorant, that the country is- wait
ing with great anxiety for the Message, I with
draw the motion [laughter]. Adjourned.
HOCSE OF REPRESENTATIVES, —-SIR. WHITNEY
withdrew the name of Humphry Marshall as
candidate for Speaker. ...^
Six ballots were then had, with the follow-;
ing results :
Ballot lrtth 17th lstli l'.'th 20th 2Jst
Richardson, 72 73 72 71 71 71
Campbell, 79 (59 (52 57 48 4Q
Fuller, 20 21 21 23 23 21
Pennington, 6 10 11 14 19 20
Banks, (5 14 18 IS 23 21
Scattering, 20 20 22 33 30 32
Upon the announcement of the result of the
twenty-first ballot the House adjourned.
FKIMAY, December 7, 1855.
After a brief Executive session the Seuate
adjourned.
I locs E. —The House, on motion, resumed the
balloting for Speaker, when the 22d and 23d
ballots were taken, and resulted as follows :
22-1 23d j
Richardson, 73 73
Campbell, 74 75
Banks, 11 10
Fuller, 20 1(5
Pennington, 9 9
Wheeler, 11 11
Smith, of Alabama, 3 1
ZolHcoffer, 8 15
Scattering, 11 11
There being no choice, Mr. CAMFHEI.I., with
the indulgence of the House, said : The coun
try is looking on our proceedings with deep
anxiety, and every member is ready to ack
nowledge the importance of a speedy organiza
tion. We have now been voting five days.—
Twenty-three votes have been taken. I find,
through the partiality of my friends, I have re
ceived on six of these votes a higher number
than any other candidate before the House,
and in all a greater number than any candi
date in opposition to the administration. Yet
it is obvious to me that it is impossible for my
friends to succeed, unless I can perform one of
two conditions, viz : repudiate my well known
principles on slavery and Americanism, or in
some way, directly or indirectly, make pledges
as to the organization of the committees,which
would amount to a sacrifice of my self-respect,
ami make me, in my judgment, a lit object for
public contempt. Under these circumstances,
and feeling that the interests of the country
require an organization, and regarding these
interests as paramount to every other conside
ration, I withdraw ray name as a candidate ;
and in taking my scat, I desire to express to
my friends, who have shown so much fidelity,
my sincere gratitude, and to my political oppo
nents, who have given evidence of their perso
nal regards, my thanks.
The ballotings were then again resumed,with
the following result :
2 (tli 3th 2;th 27th
Richardson, 74 72 73 73
Ranks, 41 44 40 49
Fuller, 19 ' 23 27 28
Pennington, IS 18" 17 17
Wheeler, 11 10 9 7
ZollicofTer, 15 12 9 9
Thurston, 11 (5 8 7
Washbnrne, Me. 0 8 5 (5
Scattering, 20 24 27 10
Whole number of votes polled, 215—neces
sary to a choice, 108. Adjourned.
S.m*nn.\v, December 8, 1855.
SENATE. —On motion of Mr. PIIATT, William
Iliekey was appointed Chief Clerk, and J. 11.
Nicholson, Reading Clerk.
Mr Si MXF.K presented a petition from Com.
Smith remonstrating against the action of the
Naval Hoard, in placing him on the retired
list. Adjourned.
llorsE.- —The House resumed voting for a
Sjieaker with the following result :
2srh 20th 30th 3lot 32-1 33-1
Richardson, 73 93 73 72 72 73
Banks, 8(5 97 98 9(5 100 100
Pennington, 2(5 (5 7 4 2 2
Fuller, 2ft 18 28 29 30 30
ZollicofTer, 8 5 5 5 5 5
Scattering, 18 23 11 12 12 14
On the announcement of the result of the
thirty-third vote, the House adjourned.
MONUAY, December 10, 1855.
SENATE. —On motion of Mr. WKI.I.KK the se
lect committee on the Pacific Railroad was or
dered to be continued ; any vacancies to be
filled bv the Chair.
Mr A DAMS'S resolution, providing for the
election of officers to the Senate to-day, was
indefinitely postponed.
Mr. BAYARD gave notice of his intention to
introduce a bill providing for the Public Print
ing, Engraving and Binding. Adjourned.
HOCSE. —The House resumed voting for a
Speaker. The thirty-fourth ballot resulted as
follows :
Banks, 100 Fuller, 31
Richardson, 74 ZollicofTer, 4
Walker, 2 Scattering, 9
Mr. THOKIXUTOX offered a resolution on his
owd responsibility, that the House will proceed
immediately to the election of Speaker, viva
voce, and after the roll has been called three
times if uo member has received a majority of
the whole number of votes, the roll shall again
be called, and the candidate then receiving the
large at number of votes, provided it be a majo
rity or a quorum, shall lie declared elcutcd.
Tills full like a bomb-shell, occasioning much
excitement.
Several mendier* iu the game breath moved
to luy the resolution on the table,
Ihe ( i.i.uiv called the House fcj order Gen
tleinon were standing all over the hall.
Mr Ginnix-is, amid much confusion, ear
nest ly appealed to his friend from lowa to with
draw the revolution, believing the feeling ot the
House was lieeoming more favorable to Mr.
Banks. 4
The question was raised as to whether Mr.
Thor'nirtoH could withdraw the resolution.
Mr. .TONES (Penu.) appealed to his friends
to waive their objections ami permit the gen
tlemen from lowa to withdraw his resolution
he wisiiintr to do so.
Cries of " No objection," Ac.
The roll was then called, and the House,
again proceeded to vote for Speaker :
o.lth 30 th 37th 3-sth 30th
Kiehardson, 7<> 7ft 7<> -75 "6
Batiks, 105' 10ft lOV lftT 107
- Fuller, 29 29 28 28 28
ZollicofTer, 4 4 4 3 3
Scattering, 11 11 9 10 12
Necessary to a choice, 114, Adjourned.
TVKSIUY, December 11, 1855.
SENATE. —Br. Brodhead offered a resolution
instructing the Committee on Finance to in
quire into the expediency of reporting the Ap
propriation Bills fur the support of Govern
ment, or adopting other measures, with a view
to obtain some speedy, action on them. He
would ask the Seuate to consider the question
of the right and power of the Seuate to orig
inate appropriation bills. His object was to
avoid the evils of night sessions,
i Mr. C ass gave notice that he should to
; morrow make a motion to go into the election
of Standing Committees.
The Senate then went into executive session,
and finally adjourned.
11--I.SE.—The balloting for Speaker was re
sumed with the following results:
4<>th 41st 42i1 43<i
Richardson, 74 74 75 75
llaiiks, 107 107 100 107
Fuller, 27 28 27 28
Scattering, 17 lfi 10 14
M'lade number of votes cast, 225—neces
sary to a choice, 113. So there was no elec
tion.
Mr. Stanton—lt is apparent we cannot
come to a result in the present condition of
things. There scents to be a necessity either
for an out-doors conference or a change to
a plurality by resolution. With a view to
giving the majority opportunity for one. more
effort to unite, I move an adjournment.
Mr. Cobb,of Alabama—l second the motion.
Mr. Houston to Mr. Stanton—Do you think
yuu can unite ?
Voices—" We'll try." "Give its the chance."
The motion to adjourn was theu negatived.
The balloting was then again resumed, re
sulting as follows:
'44tli 45th
Banks, 107 100
Richardson, 74 74
Fuller, 28 20
Scattering, 10 10
Whole number of votes east 223, necessary
to a choice 112.
FIRE IN SIHG-SING PRISON. —A fire occurr
ed in the Sing-Sing State Prison, New York,
ou Thursday night ;
"It originated in the State Shop, where the
clothing of the Prison is manufactured. The
fire spread to the hat shop, and soon spread
through the entire range of the south wing, a
two-story stone building, and a one-story build
ing running at right angles with the south
wing. These shops are occupied by Charles
Watson, who employed about sixty
in the manufacture of hats. It was filled witlr
the most beautiful and complicated machinery,
and a large stock of wool accumulated for the
winter supply. Mr. Watson's loss is estimat
ed at full $40,000, whether insured or cot
could not be ascertained. Within a late peri
od the property was insured for about two
thirds of its value. The property in the State
shop, and which is destroyed, will not proba
bly exceed $5OOO in value. It was principal
ly the accumulated trash of years, especially
the machinery,used in the manufacture of cloth
ing. The shops destroyed will cost the State
$25,000 to replace. The walls of the main
wing are still standing, and may be rebuilt upon.''
JOHN VAN BEREN publishes a long letter in
the Albany A reus, in which lie takes back his
wish, before expressed, to be a delegate to the
Cincinnati Convention. He prefers remaining
outside, and savs :
" In the meantime, I desire to say, that no
person and no press has, or will have any au
thority to commit me to any action the Cincin
nati Convention chooses to take. If, as seems
to be anticipated, anything should be done
there from which a plausible inference can be
drawn by any gentleman that the pastor pre
sent action of the Democrats of this State, with
whom it has always been mv pride and pleas
ure to act is subjected to reproach, I shall op
pose and use all proper exertions to defeat the
nominees of the Comvention."
lie urges the two factions of the party to
unite, and says they must do it, if at all, before
the Convention meets; but intimates that thepre
vailing temper is against such a consummation.
He notifies the South that in accordance with the
Baltimore Platform he lias refrained from dis
missing the question of slavery j but that if
Southern politicians choose to open the way for
such a discussion, he is ready to participate in
it. The Prince is evidently throwing out an
anchor to windward, that lie may be prepared
for a political tempest, if it comes.
SAVED RY HIS W IKE'S CORPSE. —A shocking
incident of the preservation of life by a corpse,
is given in Lloyd's Steamboat Directory. A
Mr. Walters, a passenger on the steamer An
thony Wayne, was taking from Chicago back
to Philadelphia the remains of a fond and lov
ing wife, to he buried among her relations and
friends. During the trip, the ill-fated boat ex
ploded all iier boilers, killing nearly every one
on board. Mr. W. was lifted several hundred
feet into the air, and fell into the water almost
lifeless. The night was dark and dreary, and
in his frantic straggles to keep himself afloat,
lie accidentally struck against a box, to which
he clung all night long with desperation. When
daylight appeared, he discovered to his horror
that the box which had saved his life contain
ed the corpse of his icife.
1 lIK LAW OK EVIDENCE. —In a trial before
the Jackson (N. C.)Snperior Court, Judge
Manly held that a person professing the doc
trines of ITiivcrsalism was an incompetent
witness, and in aeeordanceWth that decision
ruled out two or three witnesses. The deci
sion gave rise to some feelings of indignation
among those who profess the Uuiversalist
doctrines.
We learn from the Eluiira Republican that
Edmund (£uiun, Esq., District Attorney of
Chemung County died in Ekuira ou the Ist
Inst.
§raMoA^vcportir.
■&. O. iinohlllCll. EDITOR.
TOWAMJA:
datnrban XUorumn, December la. IBaa..
Tub ms— (hie Dollar per anmtm, invariably in ml tuner.— I
J 'uitr weeks precious to the expiration of a subscription,
notice wit! be give n by a printed wrapper, and if not re- <
neyged ,Jlw paper will in all cases be stopped.
: Ci.r*R!xe.i--iv Exporter will be sent to Clubt at the fOl- ]
lowing extremely loir rates :
s cojnrn for. .. . .s.> (Ml ) U copies fur $l2 UO
10 copies fur 800 | '2O copies f0r.... 15 00
AOVKHTISKMKNTS—/o;- a square of ten lines or less, One.
Dollar for three or less insertions, and hcemy-fre rents
for each subsequent insertion.
JoR-WonfC— F. rcnitrif trilh accuracy and despatch, and at
reasonable prices—yrith every facility for doing hooks.
Monks, Hand-bills, liall tickets, §-c.
Monky may be tint by mail, a( our risk.—enclosed in y.u
envelope, and properly directed, we will be responsible
for its safe delivery.
CONGRESS.
Up to Wednesday uoou there was no pr*
ganizatkm of Congress. On the 46th ballot
BANKS had 100 votes, but that seems to be all
that it is possible for him to get. Consequent
ly we have no President's Message, and it is
impossible to tell when it will be received.
GOMKY'S LAHYS' BOOK.—We are indebted to
the publisher for this elegant periodical, which
we have submitted to the judgment of those
better qualified than ourselves to pronounce
upon its merits, ami the verdict is, that it has
no equal as a Lady's Book. The embellish
ments in the line of " female harness" are pro
fuse and in the finest taste, while the articles
published are not excelled in talent by those of
any of the jieriodicals of the day. One copy
one year $: ; two copies ; three copies $6.
We will furnish the Lady's Book and Bradford
Reporter one yefir for $3. The beginning of
I the year with a volume, is an excellent time to
I subscribe.
Waf.at ix Mieutrs' Hands. —The Roches
ter Democrat of Wednesday morning savs':- —
"The total amount of wheat now in store here,
on the way and to be received during- the com
ing season, is 448,000 bushels. We might
probable put it down in round numbers at half
a million. This we ascertain from inquiry at
each of the mills in the city. Some parcels
are here awuit'rng buyers, but the quantity is
not large The lack of storage room is one
disadvantage that our millers feel. There is
not much flower now in store here. The amount
of wheat in the city in January last was about
150,000 bushels, and some 200,000 bushels
were frozen in along the canal, a few miles
west. This year everything will reach its des
tination."
Jft ba?" We learn by the last Montrose licwo-
Wrr it, that the editor of that paper lues been
prosecuted by Judge Wii.mot for libel. Chase
has persistently followed the Judge with his
abuse—and not content with assailing him po
litically, has indulged in the most outrageous
personal attacks, and in the most unjust insinu
ations as to his judicial integrity. It he is
right, Judge Wii.mot should at once leave the
place he occupies ; and if he is not, the Judge
is entitled to the protection of the law against
a most malignant and unscrupulous defamcr.
Chase will now have an opportunity to make
good his assertions, or stand a convicted libel
ler.
The friends of the Ilev. Jri.trs Foster
paid him a Donation visit, at the I'atsonage,
on Tuesday afternoon and evening last. "We
are requested by Mr. F. to publish to follow
ing acknowledgement :
A CARD.
The undersigned hike* this method to return his sincere
thanks to his friends tor their liberal donation on the 11th
inst. His desire and prayer for thein is. th.it God in Hi<
bounty would abundantly mpay them in kind, and more
abundantly !>le>s them with spiritual and heavenly gifts.
.!ri.ll'S I'OSTKU.
Presbyterian Parsonage, Dec. 12, ls.">">.
" Geoffrey Memcton, or the Feiith/ess Gunr
diaii" is a work recently published by DeWitt
Davenport, from the pen of Mrs. Moodie.
The brilliant author of "Houghing it in the
Bush," has here produced a work which great
ly excels anything from her pen. (lood as all
her other stories are, this far exceeds them in
beauty of conception and the thrilling interest
which is excited for the unfortunate victim of
an uncle's treachery. For sale by O. D. Bart
lett.
HEAI.TIT OF JI RVJE DOIOI.AB..—A lotterfrom
Senator Douglas himself, addressed to his bro
ther-in-law, Judge Granger, in Washington,
and dated at. Terre Ilaute, 27th ult., conveys
the agreeable intelligence that lie is aide to
write to write to his friends, although not suf
ficiently recovered to leave his bod or hold con
versation. A despatch of a subsequent date
auuonces that he is rapidly recovering.
"THE BROTHER JONATHAN" for Christmas
conies to us this year, undiminished in size and
in the variety and splendor of its embellish
ments. It is just the thing to make the chil
dren happy at the coming holidays. May be
had of Mat. Laughlin, at the Post Office.
JFCI7" Judge TRACY ROBINSON, one of the old
est and most respected citizens of Uinghauitou.
N. Y., died at that place on Friday last, aged
77 years.
THE AMERICAN EXPRESS ROBBERY. —We find
the following paragraph in the Chicago Daily
Tribune, of Tuesday :
" 1 hut l ifty Thousand DolUirs. —lt is ru
mored that the money lost—said to have been
lost—by the American Express Company, in
transit between Dubuque and New York, has
beeu found. It turns up as mysteriously as it
disappeared ; but it has been found—so we.
hear."
LOCAI, ITKMS.
Wr.irrKx HaxuuiiAs. —®io following re- (
marks from (he Sunbtir.y American, are appli-!
cable in tjiis latitude, as, indeed, they are eve
rywhere s*—" We still observe, oecasiniiuUy,
written baud-hills stuck iiji, advertising the sale
of real and personal property. That such things
! *honhf e*lst in this age of progress and gewr
|al intelligence, is indeed surprising. In the
early settlements, when Printing presses were
"few and far between," there was some excuse
for written hand-bilb. Before the art ol print
ing was discovered, written news sheets were
distributed among the people. Vet''who would
i think of disseminating news at this day, in
j sheets of manuscript ? And yet the one is
but little more absurd tliau the other. No
; man who has sufficient capacity to understand
1 Ids otvn interest!;, will fail to advertise his sales
'< or his business in the newspapers, and by prin
ted bills, ami, no Executor, Administrator or
! Guardian should be held inexcusable in law for
! neglect of duty, who failed to do so.
The object of advertising is, of course, to
give notoriety and to attract attention. Now,
on an average, three-fourths of those even who
' can read writing, cannot do so with facility,
! and would therefore pass a written bill without
! attempting to read it, and of the other fourth
not one in five would take the trouble. This
is not the case with printed bills. The display
linos of the loading articles strike the sight, so
that "he who runs may read," and whether
one is inclined.to or not, his attention is invol
. I untarily attracted, and the object of the ad
-1 vertisement is accomplished. Uut it is idle to
: argue the subject. Every business man knows
' and feels the truth of what we have said, and
acts accordingly.
jgsWinter has at last come in earnest,and
the " cold, chilling blasts" have a Decern be r
ness about them, which makes one shiver and
shrink at their rough embrace. The river is
full of floating tee, and it will probably be but
a few days before we shall have a bridge form
ed across the river, sufficiently strong to ac
commodate those who may wish to cross.
%rjJ- Tito intimation, or insinuation, or re
quest (call it what you like) contained in the
last paragraph of the. following card, is per
fectly irresistible :
To the editor of the Montrose Democrat :
Gknti.hmkn" I have this moment casually met with
your paper of the first instant, in which appear* a notice,
apparently editorial, that a civil suit Had been brought in
y nir Court, a-'aitist several persons named, in view of
"some supposed liability i;onne< ted with tiie Bank of Sus
■pseliauna County. Latham Gardner js said to be Plain
till', and X. Newton, Attorney in the ease.
Now, .is this is the very first intimation that I ever re
iel veil eillter fr 'in Mr. Gardner, or his counsel, of being
in any way his debtor, or liable to him in any amount—J
read the announcement with no little surprise. The more
so, because I have never lie!(l a supple share oT stock in
the Bank of Susquehanna County, since the month of
April 1H42: and therefore, rout it not, and did not have
anything to do with its management, wlietfier as a direc
tor or otherwise, from that date up to the day of its final
failure in When that occurred. 1 was tnyself. a de
positing creditor to a.considerable amount. At the time
the Messrs. St. Johns became connected with the institu
tion. I had not the remotest Interest in its direction ; and
most assuredly, hnd not the siijrhte-t possible agency in
! any of it* alf iurs afterward, until subsequent to the period
1 of its failure -and then only as an Assignee./ora humane
' and beneficial purpose of a single item of its assets.
it may suit the spirit of l.atham Gardner's personal
malice toward* pie, to drag my name into a pretended suit
against the St. Johns—/>£•" especially as the cost to him.
icliatever the residt may lie, are not likely to tic increased
I fnj so doing ; but when these motives, tints mingled,must
have been apparent upon the face of tilings. I cannot but
regrit that yon should have allowed the use of even the
sin til space the notice occupied in your respectable col
umns against one who has always been
Truly your friend. C. L. WARD.
Washington City, Nov. 'la. Is.'si.
P. S. The fSradj'ard Itefiorter, having copied yonr arti
cle v.ili, 1 take it for granted, deem this explanatory
note of quite as much interest to its renders, as the origi
nal publication. At ail events, its sense of justice must
induce sue,it a result.
The paragraph we eopicd was simply a no
tice that suit had been brought against certain
persons (Mr. Ward among the rest) on notes
of the ilefunet Susquehanna. Bank. It asser
ted nothing, and proved nothing. Mr. Ward
might lie sued to-morrow upon notes of the de
ceased Towanda Bank, and yet be no more re
sponsible, legally or morally, for the "gouging"
perpetrated in that ease, than for the iniquities
of the Susquehanna swindle. However, though
our " sense of justice" has nothing to do in in
fluencing us, we are willing Mr. Ward should
be heard, particularly as he was kind enough
on the 2!>d day of June. A. D. ISSI, to send
us a very polite, gentlemanly aud urgent re
quest to attend the meeting at Montrose of
the legislative committee appointed to investi
gate the affairs of the Susquehanna Bank.
teHf The publication of the Doily Oircgo
Gazette lias been suspended. Brother lUaao.
finding tlmt that kind of fun don't pay. We
commend his discretion in stopping it at once,
instead of allowing his pride to deplete his
pockets. There is probably no business so over
done as the Printing business. Whenever a
town boasts some three or four thousand in
habitants, there is a general demand for a daily
newspaper, and there is always some fool ready
enough to burn his fingers by attempting it.
The existence of any paper depends not so
much upon the number of subscribers (and in
deed the less the better upon the credit sys
tem) as npon the amount of patronage ; n the
way of advertising and job-work it
Promises of support won't pay paper-raakers
nor printers, but there is a loftiness connected
with every office, the extent of which deter
mines the amount of revenue it receives. This
is in a great measure of purely a business char
acter, and not owing to friends or foes.
A place of from twenty-five to fifty thousand
inhabitants can support one or two daily papers,
and support them so well that they can afford
the expense of being worthy of patronage, be
cause they are necessary for the business wants
of the community ; but it is worse than folly
to try the experiment in such a place as
Owego.
This cold weather will re<jnire warm
fires, and the dangers of accidents are greatly
increased. Kvery housekeeper should make a
thorough and careful examination of Iis chiin-j
neys, fire-place■.< and stove-pipes, and also sec '
that ashes are placed where they will le per
fectly safe. It is snr|uising how Ions; the lat
ter will retain hpat, and they are only safe
when placed where they cannot under any
circumstances do mischief. A little precau
tion now may prevent the most deplorable coti
: sequences.
j r ROCKED INUX OF COURT.
Cmn. rs. Wm. IHgby —Tlie Court sentence |
the said Higby to juty a fine of one dollar and ]
j costs of prosecution, and undergo an imprison
< rnent at liard labor in the Eastern Peuitentia
! • j \ - I
i rv for one yeaf and srt -months.
Com. rs. MtrJifiet Conner—The Court sen
, tcnce the said Conner to pajr. a fine of one dol
lar and costs of prosecution, and to undergo
an imprisonment in the County Jail for 90
i days.
IV THK COMMOV M.FAS.
Saturday morning Dec. 8, the case of A. B.
Smith vs. lint. S. Dobbins and If in. Gibson
was taken up. This was an* action in trespass
I brought for the recovery of the value of a cer
' tain horse and imrucss, lw?iug projiertv seized
by W. S. Dobbins, Sheriff, in June, 1850, in
possession of David Smith, and taken in exe
cution as his property and sold at the suit of
said Win. Gibson, The Jury return a verdict
for plaintiff fur the sum of $ll9 70.
Elwell and Adams for plaintiff, Overton A
Mercur for defeutaiits.
Gen. Fritcher rs. Albert Tozer, imp/ended
with Almrrin 11. Tozer.- —This being an appeal
from a Justice of the Peace in an action for
debt. Defendant, Albert Tozer, put in a plea
'of payment. The Jury return a verdict for
' defendant.
Mercur and Caufield for plaintiff, Patrick
! and Baird for defendant.
J Addison It exits rs. Amanda Heals —Libel ir.
; Divorce. On motion of Mr. Parsons the Court
; decree a divorce to the said Addison Beaß
from the bonds of matrimony.
In the matter of Tin upas More-head, an in
| solvent. Being an application for a discharge
under the Act for the relief of insolvent debt-
I ors. After the usual oath, Ac., applicant was
discharged.
Dec. 12th being the day fixed by the Bulcs
of Court for the acknowledgement of Sheriffs
deeds, and the Sheriff being absent, the Court
thereupon make an order for the acknowledge
ment of the same on Saturday the 15th Inst.,
at the coming iu of Court iu the afternoon,and
direct that the order be noted upon the Record.
John /•'. SatJcriee and others rs. Guy Tozer.
—Action in ejectment for the recovery of gome
i sixty-five acres of land owned by Thomas Mar
, shall during hi,s life-time, until a certain time
! previous to his death, he made a deed for the
same to'the defendant, Tozer. The plaintiffs,
J. F. Satterlce and wife, K. Hill and wife,
Edward Marshall and others, collateral heirs
of the said Thomas Marshall, seeking to rccov
j or the same, alleging that Marshall was at the
time of making the deed " An habitual drunk
ard," and by an inquisition was so declared,
and the proceedings so stood upon the record
at the time of making the deed.
At the time of going to press, the cause is
not concluded.
Elwell, Adams and Patrick for plaintiffs,
Mercur and Overton for defendant.
Edward Overton rs. IVm. IT. Hell, George
If . 1 lollenbark and Jacob Hand. —A rule was
entered May 19, 1855, to show cause why a
Writ of Restitution should not be ordered to
re-instate Israel Smith iu the possession of pro
perty taken by plaintiff. The application was
considered at September Term, before Judge
WII.MOT, and the opinion wasgiveu in vacation.
The ease being an important one, and exciting
: considerable interest, we have procured the
decision of the Court:
OrtXlilX OK THE coruT.
I'pon a careful examination of the authorities cited in
the argument of the above rule, it clearly appear* that
Israel Smith i< estopped not only from controverting the
absolute character of the plaintiffs title, hut from setting
ii)> in himself a possession inconsistent therewith.
Smith, having affirmed the absolute title of Bell A Co.,
in order to defeat Overton in the collection of his debt, is'
estopped iu law from setting up against Overton, the pur
chaser of that title, anything whatever, hy which to im
pair or injuriously affect it. Otherwise the' law would en
able him to practice a double fraud—to affirm the absolute
title of Bell A Co.. when Overton is pressing by execution
the collection of his debt, and afterwards to deny the ab
solute character of such title in the hands of Overton.
Again, upon the well settled principles of equity, Smith
is estopped from encHnil<ering by equities a title in the
absolute and perfect character of wliieh he gave the plain
tiff' reason to confide. Lewis vs. Carstairs, 5 VV. A- S. -foT.
Previous to his purchase, Overton was in the vigilant
pursuit by > x edition of the property of Smith, who dis
claimed all interest in the land, and affirmed Bell A Co.,
the holders . f the legal title, to l>e the absolute owners.—
This lie solemnly leclared under his hand and seal, by the
agreement of the K'th of April. IS4!>, wherein he agree
to manage the business on the premises as the employer
of Bell A Co., at a fixed rate of compensation. This agree -
ment was shown by Mr. Klwell, the attorney of Bell A ' 'o.
to Mr. Overton, as evidence of the true relation existing
between Bell A Co. and Smith. Under such circumstan
ces, Overtoil becomes the purchaser from Bell A Co. of the
| legal title, absolute on its face—and Smith now seeks to
falsify his previous acts and declarations—to deny the ab
solute title of Bell A Cm. and t > set up in himself an ex
isting equity the right to the land on the payment of
certain advances, to secure which lie alleges Bell A Co.
held tin- legal title. This he cannot be |>erra'tted to do,
< ithcr in a court of law or equity, if tiierc be anything left
of the doctrine of estoppel.
it is claimed in support of the rule, that the possession
of Smith was icgal notice of the equity he now sets up.
and that Overton therefore does not stand in the position
of a purchaser without notice. The case of Reott vs. (fab
higher, 14 S. AB. .'f(.'!, is directly against this doctrine.—
It is there ruled, that the bona fide purcha-cr of the legal
title is not affected by a secret trust of which lie has not
had direct.express ami positive notice ; and that the pos
sessioii of < <■</< ipie trust, and the exercising by him of
acts of ownership, j.s not such notice.
But conceding for argument, that the Court went too
far iii this case, ami admitting the settled law to la- that
legal notice nt all and every right such possessor may have
in the land, still the doctrine must have this qualification
--the possession must not be deceptive; it must not be
inconsistent with the right claimed—the person in posses
sion must not positively ignore his tights, and refer his
possession to other grounds. This Smith did do. in the
most emphatic manner, and in away that brought it home
to ( Iverton. _ By hi.s agreement of the I'Jtli of April, lsi'.i.
as also by his subsequent acts and declarations, when at
tempting to deleat I Iverton in the collection of his debt,
he declared he wits not in possession under any claim of
right whatever, but as the agent and employee of Bell A
<o. is it. |tn>siidc after this, that Smith can lie permitted
t> insist that his possession was legal notice to Overton of
the equity lie now sot- up ? Overton with propriety ui ght
rely upon the acts and declarations of Smith touching his
occupancy of the premises. He had a right to treat him
as the hired servant of Bell A Co., for such Smith affirmed
himself to !•. Why should Overton treat Smith as in pos
session when he declared lie was on the premises otdr as
the servant of the owners, and disclaimed all right what
ever in the land itself? Smith cannot complain that he
is held to hi- own nets and declarations—that he is niljnd"-
od to be as devoid of right as lie affirmed himself to be L
liis mouth is closed. In the language of the taw lie'is
estopped. The rule is therefore discharged.
"Watkins ami Booth for the application :
Atlaiijs. Mercur aid Overton for -Icfemlant.
K A JS SAS,
ijpenl C<jh**i.*iden<-.e of the X. V. Tribun.-.j
LIWIUMK, K. T.. Mi.mhij x„ v . 25 t .--
Late Inst night I arrived at this j,| a ,. P .
lesmied that there really was cause to ai.iin'
hrnd mrions trouble here.
The scene of the late tragic o -currencr-
Hi kory point, a settlement some twelve l( j ,'.l
south from Luwience, uear u.t Waukaru.-I
River. In that settlement there are seter'il
forufilies of MiKsourwis—l'r©-Hia*-rv men 1
One of these, a Mr. Coleman, "jumped the
rlrim" he now holds, and built the h<mc he
his been occupying from materials for tl.e
hcusc of another man. Lately there has beei
some difficulty between this Coleman UJl( j '
young man named CTuu. W. Dow, who hml.
claim near the same place. It seem- tint
Coleman and one or two of !i neighbors -ni-i
friend* have burned a limekiln on Dow s Lmu
cijtting the timber therefrom. This, of emir-,.'
gave offence, and Dow prohibited them re'
peating tiro trespass. It appeal, however
that they made up their minds to do so.
On last Thursday Mr. Dow had "-one tothe
blacksmith shop, which is uear Coleman's resi
dence, aud while there met with Coleman U
appears that they left the blacksmith shop to
get her, aud carte along the road in eompanv
ivrangling aliout the subject in ffapnte.-l!
White close to his house Coleman left Holl
and the latter, after going on a few steps,
heard a cap burst on a gun. Instantly turn
ing around, he saw Coleman with a piece pre
sented at him. He raised his hand and said
"Don't shoot but at that instant Coleman.
who had put another cap 011 his gun, fired
t lie contents, a heavy charge of lmck-.-iio;
lodging in the breast of the unfortunate I).jv/
and killing him. Two of the balls had pierced
his heart. Several other persons were pn -e; •
friends of Coleman and settlers from .Missouri.
Til!) wines of theso men are ilargu-, Kurklfv,
Moody and Wagoner. Two of them had par
ticipated in the lime burning, and were doubt
less accessories to thist most attrociou- murder
which had evidently been coolly premeditate.;
Coleman fled, and the hotly of his unfor
tunate victim lay where it had fallen in the
wheel-track of. the Santa Fe road. The friends
of Coleman allowed him thus to lie, a:ul ua <r
interfered nor apprised any one.
Yesterday a meeting was held at Iliekorv
Point, and nearly a hundred persons assemble;
The body was examined, together with all the
testimony that could be elicited. All th.
evidence obtained was from the friends if j
Coleman, as given to tlie neighbors, who had
first found the body. Tiro meeting pn-:l
resolutions, and adjourned al out dark lag
night—having determined upon means to se
cure the murderer and bring liiui to justice.
Now came the second act in the drama.—
It appears that Coleman had fled to liov.
Shannon at the Shawnee Mission. What
there transpired I know not. further than that
the murder returned to heeoinpton, whore
Court is to lie held next week. Fearing the
testimony of a Mr. Branson, tiro person with
whom the murdered man had boarded, a war
rant was placed in tlie hands of Sheriff .[one-,
an officer elected by the legislature of th•
Shawnee Mission, for the arrest of Bratisou,
under tlie pretense that lie had used threats.—
The real object was to ruin his testimony wi::i
a Jury, as he was one of the most imjortaat
witnesses in the case, next to the Pro-Slavery
men. The Sheriff summoned a posse of four
teen men, who armed themselves ami proceed
ed to the house of Branson, where they ar
rived about 9 o'clock last night. J ones neither
road nor produced his warrant, but in a pr.-
fane and domineering way told Branson lie
must come with them, or they would "blow
him to h—l." There being 110 alternate
that gentleman complied.
Scarcely had tlicv gone when with a sjorol p
most necessary, a Free State man near, wi - ■
was apprised by Branson's family, galloped I
for neighbors, and soon a company of liftecu B
men, eleven of whom were armed with Star,.; E
rifles aud one with a double barreled gun, w- '- I
in pursuit. By a rapid detour tiny contrive! B
to bead Jones's party, and jI:i11od themselves B
in the road near Blantou's Bridge on the Man- I
karusa. As Jones's party approached t.ii- B
spot they were boasting of what tliey would K
do, saying they wished they had got t!>:• $
when the meeting assembled and they would ■
have done so and so to the hundred ami con- B
gregated there that day. When they ap B
proaehed the rescuers, the latter drawn across B
the road, ordered tliern to stop. Tiie uuuder- B
were exactly equal, only Jones's fifteen n B
were all anned to the teeth and tin* Fre E
State men in the hurry had not procured arm-: B
but the Sheriff's posse seemed to have no in- B
eliuation to fight. One of the rescuing party B
requested Mr. Branson to step out ; a v./' E
from the other party told him they would di ' B
him if he did, but Branson joined his friend* H
and there was no shooting. Jones heresuff H
and threatened terribly; said the (J-'Vvni' H
had promised they should have lo.OtM) mc:. H
enforce the laws of the Legislature cf tr S
Mission, and that they should inini'dw • B
hear of it. The two parties then scpar.it * B
ANOTHER VERSION OF THE HIFFi- I
ST. Lor is, Wednesday. Pee. rf B
The Kansas free state papers give the B
lowing account of the difficulties in the ?,, rr'"
torv : A young man named Bow, twenty-B
years of age, while at a blacksmith > B
where several border ruffians had coiurroir.; B
was deliberately shot by one t'ok'innn. LB
attempt was made to arrest the murderer n ■
through the assistance of his abettors iw B
caped to Missouri. A meeting of t!iei'iti'- f "
held on the spot where the affair occtirre>. B.
inquire into the ease, pronounced the r/t J B
cold-blooded mnrder on the part of t'• H
and charged four men. named Hugus. l>" rk B
ley, Moody, and Wagner, with being a ' 8
series. .
A series of resolutions were pas-oi. - 1 '" "
committee upfioiiitcd to investigate still '" r B
to search out tho offenders, and 10 .'J'*'*
means to bring them to justice. Sitcri'i •
arrested Jacoit Branson, at whose house 1 B
lived, for the jmrpose of making hi" l P u B
eurity to keep the peace, but whie preo'o. - ■
to Loeompton, Bronson was rescued oy aH
of his neighbors. Jones sent t<> Pawnee H
sum for aid, declaring that the (JOUM B
Missouri liad assured him the aid ol ten - ■
sand men if required. B
PIKRGKIANO K A B
OHDKKED OFT—SEN ATE t't'-M-* 1 ' B
TEES. B
[Pnan the OnrrpHjxinileneo of the Tri ,, n " 1 iB
WASHINGTON, AYednesday, Bee. ' , B
The President has taken tv positive - : ;B
the requisition of t!ov. Shannon for ' ■
States troops to assist the 1 writer 1" B
their efforts to supprc.-s frceuor i" B