The Pittsburgh gazette., February 25, 1869, Image 4

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PUBLISHED DAILY, BY
TENNEWLRF , FD& CO„PrOrrrietOTS.
F. B. PENNIMAN. JOSIAH. KING.
T. P. HOUSTON. I.Z. P. RILED,
F.ditore and Proprietors.
OFFICE:
GAZETTE BUILDING, S. 84 AND 88 FIFTH ST.
OFFICIAL PAPER
Of Pittsburgh. Allegheny sad Aue-
geteny G!tuaty
Teresa-Detay. qiemt-W-eeirty.i Weekly.
Otre year,- sa,ria . One yea r. V.so , Blngle c0py..51.5 0
Ore month ';'S Mr mos.. 1.50 5 eoptes,esoh 1.25
By the week 15 Three mos 7510 ••• • • 'LIS
(from envier.) • nd one to Arent..
TWURSDA.Y. FEBRUARY 25. 1069
WE 'PRINT 671 the inside pages of this
waornitr.p's PAfkraTE—Secoracipage: PoetrY,
Ephemeris, fieneral Miscellany. Third
and Sixth pages: CoMmercial, financial,
Mercantile and River News, Msrkets, Im
ports. <Seventh page: Clippings, Home
Consumption of Wool, Miscellany.
PETROLEUM at Antwerp, A;7l'.
U. S. BONDS at Frankfort, 8S
GOLD cloyed in New YOrk s 3reSterday
st 132/.
the new framing-law, -roen
lersof Congress must atras their signa
tures n their own hand-writleg, in all
cases. -Letters to Senators and members
-are TO longer free of postage.
.
TEE CLEVIMAND wed Pittsburgh rail-
Tway 4lispute was settled by the election
of a new Board and the rescinding ofs all
'the resolutions adopted by the bogus
Board on the 6th of January.
• GEE. GRANT has stated thit otte of his
Oabinet officers would' be a citizen of
'Pennsylvania. Our Legislature will ad
journ on Friday Cr iten days, the mem
bers going informally to Washington to
-ascertain the name of the lucky man."
Tax A s -will vote, on the first Monday
in idly, upon the new Constitution, and
also upon the question of a division of
the State. Her Vote is likely to be affirm
ative•on each issue, although the Consti
tution is protested againtit,_ by same
twenty of the most, Radical.members of
the Convention which framed it, as too
favorable to the rebel element.
THE COPPER TARIFF BILL passed orig,
inaily by less than a two-thirds vote, but
it subsequently gained more strength from
the White House, and was re-passed by a
two-thirds vote and considerable to spare.
Mr. JorrssoN's veto has been, hitherto, a
good card for measures which met his
diSapproval, ensuring their re-enactment
foithwith. How shall we supply his
place ? •
ICErsrucXv refuses to admit the testi
mony of megroes, in, her Courts of jus
tice. It is within the power of every
suiter, aggrieved by such an exclusion,
to secure the enforcerpent ()l i the Civil
Rights Act, in an appeal` to the Federal
trihnnula, which cannot fail to declare the
unconstitutionality of the State legisla
tion. And no other Federal intervention
seems to be requisite.
The. stmorkor of taxation baa occupied
a not undue share of =attention In the
State Senate. The bill repealing the act
taxing mortiages ' and moneys at -in
terest, was passed_ in that body by a
deiditive majority. A bill of -vastly
more Importance, to consolidate all the
existing tax ; laws of the Commonwealth,
is 'still under consideration. No changes
are proposed to be' made, except to . col
lect all the legislation, now, scattered
through_ more than fifty Volume*: into
one co mpact form, so:that Plain men may
beable to read and comprehend the whole
system for themselves. This arraige;
- silent was ordered by a resolution of the
"Legielature two years since, aria is.said
to have been very faithfully executed by
Secretary JonmtN,
As usual, the opposition, minority
members in our Legislature, are found vot
gertendly. in, favor,. of any, and every.
proposition for an extravagant expcmdi
luxe! For example: On the vote for in
creasing the psi of members from $1;000=
to 41,500, the opposition stood 18 for it
to 16 against it, while the Republicans
were only 10 for it to 44 against it. And
it was a Democrat who made the original
moveMent;'
, Thinking to theiter them-.
sei4ei from popular odium behind a Re-
publican majority, these gentlemen pro
pose to share fhe profits' in such petty
plunder, without any of the political re
-81)648Hb41- Vgortunett o .l , tliere!, ate
always a few among any majority who
will consent to be pus used, for the ereol
tunentof 'themselves' or; of their friends.
Poirrlnst •ClitinXs dn , Paris were ex
cited on the 22d, by a report that our
Minister, Get!. Dix.' had ) 21 0 • th e re
markable language below quoted, in an
interview with the 'French Ministry, a
dg) , or two before. When enquired Of
as to the purpose for *bleb, the retain of
an American squadron to the 'Mediterra
neon was expected, Gen. Drx. said:
' fd 1 1 ti
"If you want 0 c a explana on, yoti
must inquire at Washington, as I- am not
entitled to give thenit but if a personal
explanation may be sufficient, I do will
ingly= , give it to you, and that is this;
The american people intend - to act here
after in European questions as you did a
few years ago in our, own matters; . the
Only difference Is that our Interference
bring with it liberty, while yours
carried despotism. That is all."
It is said. that licn. Dix admits the
truth of the report, but that he spoke un
officially, and intended.raerely to express
the general sentiment in America) This
story is evidently sensational, and the
i reader will credit it at his discretion.
The well known discret ; .on of our Min
! ister renders it altogetter improbable:
WASTIIN'OTON VOILItESPONDENCE reiter
ates the statement that ion. Co . t.tnintis
Dadt-trio, at present Member of Congress
from Ohio, is to be the new Commissioner
;
of Internal Revenue. It has lo' g been
known that the Republican C ngress
men were screed upon his nomination
by the' President and confirmation by
the Senate, in case of the retirement of
Mr. RomArss before the 4th of March.
And it has been equally manifest that his
specialfitvess for that post, by reason .of
the purity of his character, his remarka
ble capacity for business,, and his large
vablic experience, has led to the general
'expectation - of his appointment under the
next•administration, and that this impres
,•sion is entertained by the President-elect.
Mr- DELANO has for been nearly thirty
1\ Tears prominent before the people of
Ohio, and, for a not much shorter period,
I almost as well known before the country
-at large. Throughout this period, from
that day,twenty-seven years sin ce, w h en he
was the 'favorite of a large portion of his
party for nomination as
• Govrnor. of
'Ohio, down to this hoifr, Mr.-DcLANo's
record, both public and private, may
safely' challenge the most censorious
scrutiny. He was never known to betray
his principles for positiOn, nor a public
trust fora private advantage. Whatever
may be thought elsewhere, the people of
Ohio, who have wintered and summered
with him so long, and 'who have a right
to think that they know him so well, will
concur in the opinion that, as the Com
missioner of Revenue, he would be the
right man in the right place. This post
is now one quite equal in importance to
any of the Secretaryships, demanding an
incumbent of first-rate abilities, and irre
proachable honor.' COLUMBUS DELANO
fills the bill I
Indlina expects her Senator Mon'roN
to enter the new Cabinet, and her Repub
licans are already canvassing - tbe Legisla
ture for the successor to his present seat.
The Attorney General is likely to be
EDWARD PIEBEEPOFT, of New York.
'PRACTICAL EDUCATION.
Every kind of knowledge has its value,
and if life were long eneuxb, and bodily
necessities less exacting, it would be well
for each individual to undertake to find
out all that is know-able. But human
life, though evidently attaining a longer
average duration than in former ages,
both by reason of a fuller understanding
of natural laws and a more bountiful dis
tribution of physical comforts, is still
much too brief to render so wide a range
of individual studies prudent or beneficial.
Upon the revival of learning three cen
turies or more ago, the higher culture was
restricted within narrow limits. The
Greek and Latin classics and the mathe-
matics pretty much filled the circle of
mental outfit. And these 'departments
contained about all it was of much con
sequence for a man to acquire before
starting in the independent quest of know -
legde for himself, or in the application of
knowledge to 'practical pursuits. Of mod
ern literature there was none deserving of
the rank; and thotigkmodern science was
budding with abitridint promise, it had
not flowered out in the forms of beauty
and with the fragrant incense with which
it now appeals to the intellectual senses.
-He who then was learned at all, was
learned in those branches. Now, a man
may know much which it is of the highest
consequence to know, and yet be ignorant
of l Greek and Latin, and master only of
the lower realm of mathematics. Know
ledge has nuirvellotutly-f accumulated.
Whole sections have been explored and
opened up. Geology, mineralogy, chem
istry and mechanicsltave each made wide
k
.A.
empires for themselves .:; di votaries
hold to-day a wealth of lea rig of will&
the elder ages knew nothing. -nd this
learning is not conjectural and hypothetic,
dreamy Nand xmr*'lllta _tile:. =Sent
astrology and alchemy, but definite, solid
and fruitful.
Another change is_ manifeet; "In for
mer times, learning was shy, recluse and
1 meditative. It delighted in solitary dota
-1 ters, in sequestered grovea, in' cool grot
tos on mountain sides, and in ,on other
safe retreats from' the bustlini activities
of the world. It' was abstract and ethe
real in its temper, and dainty of its ,
fingers. It did not like muscular work-
The' grit ie and sweat Of tbe shop and
factory were offensive to , it.
__ Bo the
learned stood apart in distinct classes,
remote from 'the din and etir of affairs,
hoarding their mental wealth and letting
the. masses - of.the population' get on as
best they could. Now, learning bin. Come
down from its frigid elevation 4 and out
from' its poetic seclusions; and gone to
work right lustily to see how much it can
actually bring teptuss. ' It is found along
1 railway ant :telegraph' hues,' mounted,
'upon .locomotives, in. mines shops. and
factories, and whereier else men grap
ple with the forces of nature, seeking to
bring theta into ;subjection for the pro
motion of human welfare.
The result' of this movement r is' that
colleges have lost their/old significance
aruLacquired a , new one. They are no
longer nooks and, corners where elegant
learning finds sure and impenetrable re
treats from the on-goings of the race; but
PITTSBIMGII GA Z ETTE : THURSDAY, FEBRUARY 25, 1869
drill-rooms, where young men and women
are instructed in those preliminary tac
tics with which they are to go forth and
couquer, each in the sphere Chosen before
hand.
As to literature, Greek and Latin have
been crowded from the thrones whereon
they once dominated the thoughts of men.
Every principal language of modern
Europe has now an indigenous literature,
richer by far in that which it is worth
while to linow, than the combined litera:
tures of Greece and Rome, and has besides
all the treasures of those literatures poured
into it. In the broad field of practical
science an immeasurable preference must
be given to modern learning, for the sum
thereof vastly exceeds the anticipations
indulged twelve generations ago.
Yet it must be confesseed that the man
agers of Colleges have been slow to per
ceive the important changes that have
passed over society, and to adapt their
respective institutions to the altered con
ditions by which they were surrounded.
Until quite recently they have thought it
better to continue the old classic drill,
which had pertinence so long as Greek
and Latin were the languages of litera
ture,_law, medicint, divinity, diplomacy
and commerce, but which have had the
crowns shaken from their heads by up
start tongues. For a long while they
thought it wiser a boy should study Latin,
though he had no need, of it, but had great
need of German, for the use of it every
day, and the wealth of it to fill his mind
perpetually; and to study Greek, for the
subtlety thereof, though the discrimina
tion acquired thereby should be all that
remained; which was the-result in ninety
nine cases at least in 'every hundred.
This was equivalent to teaching a lad to
play the piano in order that he might
pecome a good type-setter—delicacy and
deftness of touch being essential in both
processes.
Latterly, however, it, has been realized
that each individual had best take his
drill along the lines in which he is deter
mined continually to move, and not spend
his time and strength in that which is
comparatively beating the air. No man,
designing his son to be a blacksmith,
would think it essential or prudent to
first make him a gymnast, that he might
have his muscles properly developed.
He would infer that all the muscular de
velopment required could be as . well or
better obtained by using the hammer.and
sledge. The illustration has many intel
lectual applications; all ending in this, let
pupils get their drill while gathering the
special knowledge by the use of which
they are to thrive and help the world.
In accordance with this generic idea,
the University of Western Pennsylvania
embodies a polytechnic department, the
special purpose of which is to fit young
men for those industries for which this
city and the contiguous region are con
spicuous. This is making the University,
in one essential particular, what every in•
stitution of its class should be—a means
for advancing the welfare of the eommu
nity in which it is located, and to which
it natually looks for encouragement and
support.
Within a radius of a few *Liles, taking
the court house as the center, are congre
gated more than nine hiindred manufac
turing establishments, upon the success
of which the prosperity of the cities and
county almost exclusively depends. Such
a hive of industry is not like any of those
marts of comtnerce where middle-men
make gains by tolling the products of
labor. What Is wanted here `is not so
exclusively the spirit of traffic, as
,the
power to summon the forces of Nature,
to marshall them for work, and to get
the largest amounts out of them with the
least cost.. This requires special training,
and of the highest order; for ,there is no
leirning, that, taken all in all, will com
pare with what is essentiafto the man
agement of the higher 'industries of the
best modern civilization. Poets, roman
ces, orators, historians, and the like, all
have their places in the economy of the
world; but theoteam-engine and the elec
tric telegraph. are embodiments of genius
and knowledge far outweighing the epics
of MILTON or the dramas of SEUX111 1 ;
PEADS.
What Pittsburgh wants in. its shops
and factories more than any thing else is
a class of men having the largest degrees
of preliminary scientific training. Such
a class of men would stand in some sort
instead of those discriminating duties
which we approve, but may soon find hard
to get. If the men of whom we speak
are to be obtained, in sufficient numbers,
they must be produced, mainly on the
spot, and from the boys who are now
growing Up. As an investment, in-the
very line of their businesses, our manu
facturers can find' nothing to pay more
largely in the long run than to intain,
this departme,nt of the University, and to
expand it. Let them put their own sons,
whom they expect to associate with them;
or eventually to succeed them in Wit
ness, under this kind' of discipline; as,
alio, such sons of their foremen and
workmen
as they may find to give un
usual promise. After careful prtsoaratory
.discipline, let these -boys be put to the ap
plication of their knowledge and theprac.'
.
the result will be a superior set of men
tical development of their powers, and
who will give a vigorous and beneficial
impulSe to mannfacturinq industries
among us. •
In Europe, so far as pre.erainenee has
been secured in manufactdring, tias
been secured In this way. .T4arti.:
other way in which it can be done.. 'Nor
are our European competitors content
with what they have already achieved by
these expedients. They are now more
earnestly engaged than ever before in
providing the best possible special edu
cational training for those who are pre
destined not simply to be mar agers an`l
foremen, but operatives. In a genes of
editorial articles published in these col
umns last summer, we grouped, together
many important facts And suggestions
bearing on this point, showing what has
been done, and what was proposed. If
our manufacturers mean to maintain their
present•comParative degree of excellence
—much more, if they intend to improve
upon it—either during the current or next
generation —thby cannot take spontaneous
or concerted action in the line we have
indicated a day too soon.
-
NEW YORK ELECTION FRAUDS
The investigations, into these frauds, by
a Special Committee of the House, result
in the clearest proof that the allegations
of gross criminality, committed by Dem
ocratic Judges and Clerks of Court, are 1
entirely true. It is proven that thousands
of aliens were fraudulently naturalized;
that hundreds of certificates were granted
to fictitious-names; that hundreds, hold
ing these certificates, voted each from two
to forty times; that the frauds in the count
of the votes, were equal to those in cast?
1 in them; that Democratic Judges, Clerks
and Committees.were leagued together. to
conceal and protect the criminals; that the
1 Democratic State and Electoral tickets
1 were elected only by the aid of these
fraudulent votes, and that not one of these
1 fraudulent papers has been traced to a
1 Republican Judge, Clerk or Committee;
and one Democratic Judge • issued 2,109
certificates Ma single day, another, 955,
and the latter Judge averaged 718 per day
for sixteen consecutive days.
Supporting each of these charges by
the amplest proof, the Committee recom
mend: Ist, That the power to naturalize
be taken away from the Court and Judges
specified—and a bill to that, effect was
passed by the House promptly on Mon
day; 2d, An effective revision of the nat
uralization laws which shall better pre
vent fraud, 'without unduly restricting
the access to citizenship; al, Requiring
the uniform election of Congr6smen on
the same day 'in every State, and this,
every fourth year, to be the day of the
Presidential election; 4th, Making all
officials, acting in such elections by State
authority, responsible to the Federal au
thority; sth, Providing a' mode in which
Presidential electionsmay be 'contested;
6th, Providing by a Constitutional
Amendment the power in Congress to
make or change any State law relative, to
Federal elections; 7th, Providing, by a
1:i
similar amendment, for. the- election , of
President and Vice President directly by
the people, or of Electors by single 's
tricts. I
These measures are indicated by the
Committee with the expectation, not that
all will be adopted by the present Con
gress, but that they may be duly con
sidered at some not very distant period.
The recommendations are, in the main,
such as public sentiment, taught by the
discreditable experiences of the past year,
cannot but approve.
Tennessee River Improvement Conven.
lion.
t Ry Telegraph to the Pittsburgh Gazette. 3,
CuarrArrooo,t.. Tenn., Feb. 24.—The
Tennessee River Convention, comprising
delegates from L
u ck y , Kenu, Tennessee,
Alabama, Georgia, Virginia and
Pennsylvania, met at ten o'clock. Gov.
Patton, of Alabama, as temporary chair
man, spoke a short time, calling the at
tention of the Convention to the vast im
portanoe of the object for which they had
met, and gave some information about
the work already done on , the river,
showing the efforts made from time to
time to improve navigation.
Temporary Secretaries were appointed
from the several Staten represented.
On motion of Mr. Kirby, of Tennessee.
a committee of two from each State was
appointed on permanent otganitatictn. '
Messrs. Wilder and Rathbun were
chosen on the'part of Tennessee.
On a call of States one hundred and
seventy-six delegates were reported
present.
While the'committee onorganisation
Were out, Mr. (*stringer, of 'rennessee„.
addressed the Convention, reciting facts -
And figures regarding river improve
, manta. •
The Committee on Oreantsation re
-ported as permanent office.a,' Governor
Bullock, of Georgia, President; Messrs.
Chem berlain and Divens, Vice Pres!.
dents; and Messrs, Kirby and Kendrick,
Secretaries. •
On taking the chair, Governer Bullock
acknowledged the honor conferred on
him. A committee of three persons from
each State.was appointed. A letter was
read from alteltiOg Brownlow approving
the objects of the Convention, and prom
ising to use his beat efforts to secure a
:sufficient appropriation for 'the oomple
tion of the proposed improvements.
• CliartAttocia, -February' 24. The.
Convention re-assembled at two o'clock.
The Committee on Resolutions reported
through Colonel Gaskell, of Georgia, re
citing the feasibility , of the proposed
improvement of the Tennessee river at ,
a moderate cost, as demonstrated in the
reports of. Generals Humphreys,Weitael
and others, United Stateh Engineer offi
cers, showing that its opening to navi
gation was demanded by large popular
meetings in various parts of themountry,
calling the attention of Congress to the
importance of the, work, and , ,tesolving
that a ClemMittee be appointed to • me-,
mortars) Congress on the subject. The
Freport was adopted, and Messrs. : Oa%
arrow anti Patton were designated an
the Committee to memorialize Congress.,
General Weller;addressed the Conven
tion, relating his' successful experience
in manufacturing iron 'tom raw ore and ,
raw coal in itoan °entity, Tennessee. By
unanthions consent, General Weller , was
added to the Committee to 'Mineralize'
Congress. • •
..
An Executive Committee' was appain
ted to conduct the' business of the Con.:
vention during recess. Messrs. Hurl
butt and Gaskoll, df Georgia, and Patton
and O'Neal; of Alabama, were added to
the Executive Committee.
Adjetirned to meet at the call of the
Executive Committee. •
—A woman , named Welch, fat ally snot
John Devil* in Alton, 111., on Monday
night, while attempting li to outrage-her.
THE COURTS
United States District Court—Judge Mc-.
Caudiess.
WEDNESDAY, Feb. 24.—United States
vs. Molbrain the Uouit decreed J. S.
Richardson, informer, and directed a
moiety of $lO to be paid to him.
United States vs. Robert W. Binckley,
et. al. Action to recover the penalty on
an oil refiner's bond. 04 trial.
Common Pleas—Judge Sterrett.
WEDNESDAY, February 24.—1 n the
case of D. O'Neill vs. John W. Pittock
et al., reported yesterday, Judge Sterrett
charged the jury as follows :
CHARGE OF TILE COURT.
The plaintiff in this suit seeks to re
cover damages for an alleged libelous
article which appeared in the Sunday
Leader of Anril 21, 1867. The paper has
been given in evidence and the article
complained of read in your hearing. As
there is no evidence connecting one of
the, defendants, James B. O'Neill, with
the publication of'the article he is en
titled to your verdict. Your inquiry will,
therefore, be confined to the other two
defendants. The first count in the de
claration is all that remains to be con
sidered, the others having been with
drawn.
A libells a malicious publication, ex
pressed either in printing, writing or by
signs or pictures, tending to injure the
reputation of another and expose him to
public hatred, contempt or ridicule.
There is a distinction between libel and
slander. The latter is applicable to de
famatory words spoken, and in no . other
light than a civil injury, for which com
pensation may be obtained. The injury
consists in falsely and maliciously charg
ing another with the commission of
some public offence, criminal in itself
and indictable, and subjecting the party
to an infamous punishment or involving
moral turpitude or the breach of some
public trust or with any matter in rela
tion to MS particular trade or vocation,
and which, if true, would render him
unworthy of employment: or with any
other matter or thing by which special
injury is sustained. But, if the slander
be communicated by pictures, or signs,
or writing, or printing, it is cal
culated to have a wider circulation,
make a deeper impression and become
proportionably more injurious. Expres
sions which tend to render a man ridicu
lous. or degrade him in the esteem and
opinion of the world, world be libelous
if printed, though they would not be
actioneible if spoken. On account of the
tendency to greater mischief a libel is
recognized as a public as well as a pri
vate injury, and renders the party not
only liable to a private suit at the in
stance of the party libelled, but subject
to indictments as guilty of an offence
tending directly to a breach of the peace.
The injury done both to the public and
the individual by a written or printed
slander is so much greater than that
occasioned by a verbal one that they
might almost be considered as belonging
to a different class of private wrongs. 1
The writer of the article complained of
appears to have taken for his text the
petition of James B. O'Neill for divorce,
filed in this court shortly before the date
of the paper giyen in evidence.. Taking
the whole article together, the petition
for divorce and the comments upon it,
there can be no doubt that it is libelous,
and grievously so. It is of a character
tending necessarily t i o injure the reputa
tion
of the plaintiff pd expose him to I
public hatred and contempt. In a crimi- I
nal prosecution for libel the defendant
cannot, except in particular cases, jcisti
fiA and prove the truth of the libelous
expressions, for the reason that the in
inury to the public morals and the ten
d nay to provoke a breach of the public
pt i
ace is about as great when the libelous
matter is true as when it is false. The
, object of a criminal prosecution is, as al
'ready stated, to redress the public wrong.
But in a civil action for damages, the de
fendant may, if he is able to do so, put
in a plea of justification and prove the
truth of the allegations contained in the
alleged libel.
In this case the defendants have not
attempted to justify and prove the truth
of the alleged libel. Their plea is not
guilty,- and this virtually concedes the
falsity of ,the libellous matter contained
in the article before you. It was there
fore unnecessary for the plaintiff to offer
any evidence tending, to show that they
were false.
It is necessary, however, for the plain
tiff to prove to your satisfaction that.the
libel was published by the defendants,
and on this point considerable testimony
has been given . If the evidence satisfies
you that was published by them, the
burthin is then••thrown upon them of
disproving malice in the publication by
showing justification. extenuation or
excuse. It is claimed by the plaintiff
that the evidence shows that both the .
defendants, Fittock •and Mills, were
concerned in the- publication of the
article complained of—that the former
was, at the time, .the proprietor and
•publisher of the paper; that the pa
per containing the arßale was sold at hie
newe depot, and put in circulation by
those in his employ, and that be knew
an article way being prepared on thesub
fed of James B. O'Neill's petition in di
vorce; that the; other defendant, Mills,
was the editor of the Leader, and either
prepared or knew that the article was
prepared for the paper, and that it was
inserted in the paper with his knowledge
and approbation.. - ' -
If you find these to, be the facts they
are quite sufficient to justify you in find
ing that these defendants published the
libel, and .if they did the law implies
malice; and in the abience of any suffi
cient excuse or instil:id/Won they -would
be liable for such damages as the plain
tiff sustained by reason of the publica
tion of the article in question..-
POINTS SUBILITTBD.
Counsel for clefendantshaire submitted
the following points :
Ist. That whilst the law, `presuming
malice from an unlawful orlibelous pub
-
Bastion, that presumption may be re,
butted by evideneeror by circumstances
in ther case. • . .
2d. That in the absence of proof of
damage to' the plaintiff or malice in the
defendants the damages should be only
zominal. • , , , , •
• Bd. That' thejury have the vighti to
seVer•in their verdict - as to the defend=
, . . ,
These points we ans wer as follows:
Rirat--'This point is affirmed. If there
krilthltlen the evidence itself,' or in
the circamatanees of the case as disclosed
by the testimony that tends to rebut the
presumption of malice you will, of
POnrees ecnslder it, and give the defend- -
pts the benefit of it. _
Second—This point is affirmed; but you
will not understand that it is necessary
for the plaintiff to prove specifications of
damages and the extent thereof, esti
mated in dollars and cents. The charac
ter of the plaintiff is not called into ques
tion by the defense, and if at the time ,
the article was published he possessed a
fair character and reputation the publi
cation would'certainly not do: the plain
tiff nay good; • otr the contrary, it could
not be otherwise than' injurious. The
nature of the libel itself is to work in
jury, the extent of which the fury are to
estimate as beef they can, and give to the
plaintiff at least such damages as will
'fully compensate laim for the injury he
sustained.
-
Third—We have already said that as
there is no evidence against James B.
O'Neil,your verdict should be in his favor.
If it is intimated by this point that von.
may find separate and diiferent amounts
of damages, as against the other defend
ants, it is refused. If you find' in favor
of the plaintiff against both the other
defendants, your verdict should be for a
single sum as to both.
VERDICT.
After a brief absence Ihe jury returned
the following verdict:
As to James B. O'Neill. verdict for de-,
tendant; for the plaintiff iu the sum of
$l,OOO, as to John W. Pittock and James
Mills.
Hugh Ward et us. vs. Pennsylvania
Railroad Company. Action of trespass
in the case. This action was to recover
damages alleged to have been sustained
by the plaintiff in consequence of the
death of his son, a little boy about six
years old, who was killed in February,
1867, on Liberty street, near Marbury,
by being run over by a freight car. It
was alleged by the, plaintiff -that the
child was crossing the street and in conse
quence of the uneven and broken condi-
I don of the street and track 'one of the
cars jumped from the track, struck the
child and knocked him down and passing
over him, killed Wm. The defendants
held that the accident wai not the result
of negligence on their part, but that the
boy hadclimbed upon the car and fallen
off when the wheels passed over him.
When the testimony for the plaintiff
had closed, Mr. Hampton, counsel for
the defendants,
held that the evidence
did not sustain the declaration,and asked
for judgment of n' n-suit.
Mr. Bruce, who represented, the plain
tiffs, held that he had a right to amend
the declaration so as to cover the case.
The Court granted plaintiff leave to.
amend the declaration, and ordered
judtgment of non-suit to be entered.
Wachter vs. Burnett. Action to re
cover 'tor sand sold and delivered. The
plaintiff took a non-suit.
TRIAL LIST FOR THURSDAY.
October List.
Nat. Relining Co. vs. IN ardea
et al.
Same vs. Warden. '
Dannels vs. Carson, Darling
ton it, Co.
November List.
Relchendorf vs. Clark it Sum
ner.
No. 69. Landgraff vs. Semendinger.
No. 71. Steeb vs. Wenzell.
No. 72. Hopkins Jr Lazear vs. Abrams-
No. 75. Wilson vs. Young et.
No. 79. Donahue vs. Mariner.,
No. 24. Gering vs. Fayette Olt Co.
No. 82. Coleman vs. Faber- et al.
No. 82. Moore vs. Morgan.
No. 89. Czarnecki vs. Fry.
No. 90. Evans vs. Renouff.
List of Grand Jurors.
The following is a list of the names of
•
the persons drrn and summoned to
serve as Grandanrors in. the Court of
Oyer and TOTIMiRST; General Jail Deliv
ery and General Quarter Sessions of the
Peacgl. commencing the first Monday of
March, 1869:
William Boyd, Filth ward. Allegheny.
Alfred dm:l'oy. Filth ward, AlcrighenY.
Thos. S. Blair, Ninth ware. Pittsburith.
Samuel Courtney. Ohio townsh'p. •
James M. Cooper. Fourth ward. Allegheny.
S. C. Trauerman, Fourth ward. Pittsburgh.
Adam Gibson, Robinson township.
George Glass, Fifth ward. Pittsbargh,
•
R. T. Graham. Shaler township..
It. G. Herron, Tnirteenth ward,Pittsburgh.
Itdward Hazleton. ?Sixth ward. Pittsburgh..
31.11annauer; seventh ward. Pittsburgh. -
Geo Johnston, Chimers township.
D. R. McFerrizn. Sewickley township.
Roddy Patterson, Robinson township.
Chas. Phillips, McClure tor whip.
David Richardson Cbartiet township.
John Boss, Firs: ward, Ali eghenv.
W.-F. Rtchardion, McClure township.
Bernard Rafferty, Fifth ward, Pittsburgh.
William Simple, Second ward. Allegheny.
W. D. Wood; McKeesport.
Wm. Walker. Third ward. Allegheny.
C. Yeager, First, ward, Allegheny.
THE ANSWERS.
No. 74.
No. 86.
No. 94.
No. 9
Dangerously Injured.
Mr. William Brown, employed as
clerk by Mr. James Mcßrier, lumber
merchant on Bandusky street, Alleghe
ny, was dangerously injured on Tuesday
afternoon by falling from a pile of boards
to the ground below, a distance of about
twenty feet. He was not discovered until
some time afterwards, when one of the
hands working about the yard happened
to be passing in that vicinity and heard
him groaning. He was removed to his
residence near by and medical attention
summoned. The physician in charge
fears for his recovery, as he is thought
to be injured internally by the fall, be
sides being severely bruised on different
parts of his bOdy.•
PRESCRIBINO FOR THE PEOPLE.
We have dteneesartes, hospitals. noble insti
tutions of all k'nds for the relief of human ills.
'Every thongh.fhl citizen appreciates the value of
these estabosbments !bribe amelioration of suf
fering. Hut they do nor, cover the whole ground:. .
Indeed, it fa isenassiblilFlaitte Illante-nr
'that the amount gbpd they do should bT i aM
. proportion Lathe popu'ar need., They ere tem.
fined:- principally, to large cities. Ta the nick
rasa in the remote west,- Hospit al ,ple. Of what
use) Ls the New York city or the New
York Dispel:tarn Hut. although asy.ums tor
invalids nut to be round everywhere, an un-'
equaled tonic and. alterative is withist.the reach
of alt. There ts no settlem•nt that bears a name,
within the limits of
_the United 8 - Mee, where.
HOST IFTTIIItitiSTUNACH BITTERS is not pro
curable. It is a Medicine for the whole commu
nity, easily obtainable by all its =easter..
At this period of the year, when the "slant gnu
of Feb nary , * is beginning• to evoke unwhole
some vapors from the earth, and the "fever and
ague season" is Ore at habil. this excellent veg.
et ablepreparation should betaken as SIPORTIVT2B.
4 , 7 THE SYSTEM. All complaints prat,. eding
from indigestion. are rampant when the winter
breake up in 'a "ground thaw: , simply because
Ito sensible precautions are, as s rule, taken to.
iirevenithem. 'forestall Um evils that lie perdu ,
in mania marsh. and swaean,, and pool. ready I.>
pounce upon the neglectful as soon as the suit
shall have liberated the arming miasma from the
r. eking soil. Escape Worm attacks. colic,
malarious endemics and epidemics. by
strength
ening and r.gulating the .41gestive, aecre ve
and discharging organs with the MOST ETTICA
MOMS AMU . BALSAM° OT 'ALL PEOETA2ILE lE. •
VIGORARTS. DISOPOSIIIIO slayys aggravated by
the damps of early goring, and iihekspeare tells
us that "the son in March doth nourish agues."
Against both 'these complaints HOSTs..T CELL'S
STOMACH HITTERS are the beat possible pro
'ection. . - .
THE ISOLIND 1)F,T11.13 LUNGS.
,
One of the most aecurate ways of determinist
whether lungs are In &healthy or diseased con
dition. is by meant of listening to the nOll l 4 lOl .
To thaw experienced in this practice it becomes
as plain in innexio the state of the lungs, and is .
as wellknowntotheoperator as are the Voices of
his moat Minutia acqu.tintances. The belief that.
long standing combs, sad diseases of the lunge,
upon which they ~ are dependent, are Incurable.
are fast beekOoltur obsolete. One great advantage .
- to' tici‘ gabiediraM Ude &Armlet thriedicallpowl"'
edgebt tke,lszller appliwstion of those vtluihe' , '
come afflicted With. those diseases to 110134 • Ca*
competent to aeon, relief. She error which had
taken Atha of the public Mind in' rigardlo the
curabilitynt Consumption, or rather non-curabil
itY. is fast hicoming obliterated. and it is 'well
that, it should be so, not that persons should PPP.:
that Saintari fed which wsild make thein aniat
for a timely remedy, . but that all might be inda.
ced to .use remedies while there is any hope. ltl s.
t he 419141, in ;these cases , that fills us with sP.
Prehension and *Dim, for if.erery one-would
make timely application of DR. NEYBign ili
LUNG CUBE in the beginning of &colder cough.
few cases would go solar alto Nkomo irretsedie.
Sold at the Doctor's 'great kledloine Store. No:
Ll ri
140 Wood street, WILL SHORTLY REILOVIA
STREET, to
Te• HIS Z4E34 .STORE. NO. 16 ..
SECOND DOOR FROMc _ •
DB. KETBER , S RESIDENT OFFIC F 10a
LUNG EXAMINATIONS. AND THE TBEAT
MENT OP OBSTINATE CHRONIC DISEAfI_Fi....
No. DM PENN STREET. FITTSB Y., and 17110/1. TA
Office Hours from 9 A. M. until 4 P.
7 to 8 at night.
i •
WA
M