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e14 -VOI A Family Companion, Devoted to Literature, Miscellany, New s, Agricultuelakes c Vol. XVII. NEWBERRY, S. C., WEDNESDAY, JULYf1,l 81.N Vol. XVII THE HERALD IS PUBiLISHED EVERY WEDNESDAY MORNING, At Newberry, S. C. BY PIHOS. P. ORKKR, Editor and Proprietor. Ternas9 $.0O0 per extnufw Invariably in Advance. SThe paper is stopped at the expiration of .ume for which it is paid. , y- The ~4 mark denotes expiration of sub - criDtion. Waches, clocks, Jewelry. 1T IIE NDJ1EWWfEL1' At the New Store on Hotel Lot. Ihave nlow on hand a l--,r-e and elegant ssorcmenx, of *WATCRES, CLOcKS, JEWELRY, Silver and Plated Ware, VIOLIN ANl 1 B~A STRIGS, SFEiIT. C AIM SPECTACLE CASES, WMiIM: MO 'IRT?NA PRESENT& '' t.KNDLESS QASI]ETY. All- 'orcdes by:maii promiptlv attencied ' Watchmaking and Repairing ~~~. ~ p -Dn'Viapl~nd with Dispatch. Call and examine my stock and prices. 7>E1AD SCHULTZ. er-. g,4 t. A cIUIU BOO JO eou s.I An -01 Y1 - By%pyn proal~a h ers f PILLS INDORSED BY PHYSICIANS, CLERGYMEN, AND THE AFFLICTED EYERYWHERE. THE GREATEST MEDICAL TRIUMPH OF THE AGE. SYMPTOMS OF A TORPID LIVER. Loss of appetite,Nausea,bowels costive, Pain in theHead,with a dull sensation in he back asrt, Pain under the shoulder e, ?ESess after eating, wit a disin a-n~ation to eetoof dyor mmn rritability of temper, Low spirits, loss of memory, with a feeding of having neg ected some du , weariness, Dizzin eyes, Yellow Skin, Heada ce, Restless ness at night, highly colored Urine. ITIRSE WARNINGSARE UNHEEDED, SERIOUS DISEASES WILLSOON BE DEVELOPED. UT'jS PILLS are especially adapted to such cases,one dose effects suchachange of feeling as to astonish the suferer. They IncreatiaAette, and cause the body. to Take on F the system is nourished.and by their TonicAction on the Digestiie er gans, Regular Stools are pro duced. Price 25 cents. 3 Murray St., X.T. TUTT'S HAIR DYE, GaAY HA= or RHuSKxBs changed to 4GLossY BLAc by a single application of this IYM It Imparts a natural color, acts Instantaneously. Sold by Druggists, or sent by express on receipt of $I. Of ce, 35 Murray St.,-New York. ~Dr. TLT1'S Di'11AL of 'al,qtbl Imforsatlom and) Umek1 Seeeiptfs W be maled REU oa yl.sia CEL ESSATED i. Feeble and Sickly Persons Recover their vitality by pursuing a course of Hostetter's Stomach Bitters, the.most, popu lar inviorant and alterative medicine in use. ontpatio, rhematsm an other maladies are completely removed by it. Ask those who have use it what it has done for them. For sale by all Drug 'sts ;tud Dealers generaly. CROCKERY -AND GLASSWARE. A nice assortment of CROCKERY and GL ASS W ARE just received and for sale by W. T. WRIGHT, Who still has only a few of those CHE iP STOVES left. Gall quick if you wiant one. Who still continues to carry onl the TIN BUSINESS in all its branches, and keeps a full line of Tinware and Stoves. And last, though not least, who wiill do all the ROOFING, GUTTERING and other JOB WORK he can get, just as cheap as he can afford it. Mar. 23, 47-ly. A PERFECT_DAISY! It is a perfect model of STRENGTH, NEATNESS, COMFORT and .DURABILITYi AT MODERATE COST. This Buggy is constructed of the very best select material, and is so perfect it construction (as well as simple) thatt there Nothing to Get Out of Order! The motion is so gentle as to enable the 2most delicate invalid, as well as those ii Srobust health, to travel with perfect ease. CALL AND BE CONVINCED, Manufactured and for sale it CARRIAGE SHOPS, SOPPOSITE JAIL., - - NEWBERRY, S, C, Mar. 2, 9-6im. Il Outfit furnished free, with full in structions for cond(ucting the mos1 profitable business that any one car engage in. The business is so eais' to learn, and our instructions are. so simnpl and plain, that any onc can make grea -profits fromi the very start. No one. car Vfail who is willing to work. Womecn are af L~successful as men. Boys and gir ls can eart large su-ms Many have made at the busi - ie over one hundred dollars ini a sigli Sweek. Nothing like it ever know n belore ll who engage arc surprised at the east ad rapidity with which they. are able tA - inke money. You can engage m this bus dness during your spare time at great profi - You do not have to invest capital in it.W ntake all the risk. Those who need read. 1 none , should write to us at once. All fir e, free. Address True &o. - 1~t ALONZO REESE, SAVING AND HAIR DRESSINI S.ALOON, Plain Street next door to Dr, Geiger's Office I COLUMBIA, S. C. Room newly fitted and furnished, and ge1 tlmen attended to with celerity, after ti .s -mroed styles, Nov. 22, 47-tf. THE AMATEUR FARMER. I dreamt of a beautiful time When the world shall happy be! When the elephants and byenas Shall blossom on every tree; When tamarinds and potatoes Shall cease their dreadful roar, When turnip trees shall blossom In the garden for ever more. I dreamt of a great republic When the people shall all go West, Sow plums and reap tomatoes In the laund they love the best; When pig iron and molasses Shall bloom on every hill. And chickens low in the barnyard, While gooseberries toil at the mill. I'm weary of seeing the cabbage Handle the rake and the hoe: I'm weary of watching and waiting For the grasshopper bush to grow; 1 l(:ig for the time when spinach Shall cope with bread and milk; When hens shall lay potatoes, And horses spin raw silk. Oh ! sweet were the vanished hours When I wandered down the glen, And wreathed my brow with tomatoes, Or plucked the ripened hen; When the donkey twined up the trellis, And the cucumber chirped in the grass; And the sweet potato whistled To its mate in the mountain pass. But gone are the days of childhood, And manhood's dreams are mine; Yet I long for the by-gone hours, As I sit 'neath this Turkish vine. Oh! wreath your blossoms, about me And soothe my aching breast; While gooseberry plaintively warbles And lulls me into rest. I tittt t0 . A COLD DAY FORABBATUCCI. -0 'Dally,' said Mrs. Dalrymple to her husband as he was perusing the columns of an esteemed contem porary, 'What: is the news this morning? Who is married ? Who is dead ? Has Fertsel got his divorce?' 'Hush, Tillie,' said Dahlgreen, and he read a second time this local brevity : - A bbatucci Tamnbourini, an Ital ian peanut vender in Mulberry street, was yesterday assaulted by Poindexter Ryan, whbo upset his stand and robbed him of $3.22. Ryan was arrested and will be tred this morning for the larceny and assault. It,so happened that M5r. Dalry m pie sat among the spectators in court that day when the case was called. He had a sublime respect -not uncommon among those unfamiliar with its workings-for the administration of jutstice, and e -expected confidently to see Tambourini's goods restored to him and Ryan sent to a deep dungeon cell. He listened, and this is whbat he heard. Counsel for Tam bourini, rising, said .. 'If it may please the Court, the prisoner at the bar is charged with aggravated' and unprovoked as sault upon my client ; but, in con sequence of the repeal of the statute of 1791 by the now general law of 1873-an error, as your onor will remember, until after the negatory act had passed both houses of the Legislature and ob tained the Governor's signature there is no law covering this case. You will find, however, in an act passed in 1843, and entitled, 'An Act to prevent mock auctions and to secure efficiency in the Nation al Guard,' a clause in the second section of the third amendment whieb bears directly upon this matter. It has been held (Brown vs. Brown, 23, 75, Maguiness J.) that an assault upon the person of an alien is a misdemeanor. Thbough Abbott (in Blake vs. Snoogles, 40, 11, 44,) held otherwise. In an act passed- in 1835, entitled 'An Act to witbbold water franchises from the Union Ferry Company for ninety niine years,' it was pro. Svided that where robbery follows :assault, the power ot the Judge shall be discretionary. But where they are coincident, his pow er is re stricted to : 'A fine of $50, or more, or less, or six months' imprison ment, or more, or less, or both, or neither.' And we find that atconm mon law the same rule holds:! Esto quod esse videris. I admit that in the present condition of ~'the statute it is impossib leto say whether an offence of this nature is, technically, a misdemeanor. my client has lost his peanuts and is entitled to some redress.' Ryan's counsel here arose: 'If it may please the Court, this case turns on the old law of 1821, entitled 'An Act to empower-the State Surveyor to sue for damages sustained by reason of county or dinances.' The first ease is re viewed by Mills, C. J.. who in the matter of Shillito vs. Guiteras, held that a man may suffer the same injuries if assaulted in the street as if assaulted in a house. Two Judges coucurred and three dissented. By one of those lacbes which seem almost inevitable the clerk mislaid the opiniou of the dissenting Judges, and the assault ed man was sent to jail, where he died some time afterward. That, however, is not material. Parsons on Contracts states clearly that where a mau enters into an ar rangement whereby there is a reasonable likelihood that be will be knocked down, he can only re cover damages in the event of his being killed. Your Honor will re member that Parsons lays down this rule as peremptory ; but, as Chalmers truly observes, 'How can the dead man sue ?' Bis peccare n bello non lictt. I will not waste the time of the Court to inquire whether my client did really rob and maltreat this Italian. I admit that be did. We concede premed itation, the assault and the lar -eny. But what has that to do with it ? Has not Hope, in Down ing vs. Durande, 19-45, decided "hat where warranty is not speci- i ied it is not to be presumed.? 1 Does anybody come into this court .o guarantee these peanuts? No, SIr. Tambourini swears the pea uts were his. Let us concede it. W hat did he have them for ? Pre- I supposing no illicit intentions on is part, and waving how be got I :hem, I will say simply : He had e bhem: to dispose of. To whom ? ['hat is no business of the Court. Ryan comes along. He takes bem. They are disposed of. And ,en, this sallo w-faced, coal ey'ed, an tern-jawed, hungry - mouthedi Peninsulan comes here and asks < ~bis august Court to resolve itself to an investigating committee < o ascertain whether the consid- ] ~raion wss adequate ? An d in be same breath that he says he; Leceived nothing for the peanuts be swears that he got two black 'If your Honor please,' said the talian's counsel, 'the black eyes referred to were given to Tam bourini by the gentleman's client.' [Unsu ppressed merriment of the< Court officers.] The Judge rapped heavily for order, and when silence was re stored, thus spoke: 'This case is a peculiar one. About once a month 1 hear it. Sometimes I decide it one way, sometimes another. It is gen erally appealed and always over ruled. Authorities conflict. Judge Timothy Campbell has beld that an assault is not an assault when premeditation is shown ; but J udge Patrick G. Duffy has decided otherwise, basing his decision on the old common law of torts whbich presumes violence as the occasion of blood flowing and contusions. It was so held by Talley, in Morey vs. Tom Collins, 4,11, 329.' 'If your honor please,' said Ryan's counsel, 'I move the dis charge of the prisoner.' 'On whatground ?' 'On the ground that the com plaint is defective. It states that Tambourini is an Italian, and re sides at 365 Mulberry street. Now I offer to show by parole evi, dence that he is a native of the re public of San Marino, arid does not. reside 'at' lhut 'in' 365 Mul berry street. His Honor J udge Dowling, i'n Weston vs. O'Leary, 658, 2, has held that tbe sub'sti tution of the word 'at' for 'ini' is fital. Judge Bridges in the mat ter' of Hood vs. Sighs (A bbott's Reports 96, 18. margin of the in dex,) says: 'Public policy de mands the suppression of lot teris.' The same principle gov ers tbhis case-1axc olimi meminisse juvabit.' 'If your honor please,' ventured the Italiau's counsel, 'Gedney has deided that. a writ of. Ne .Eeat covers this case. We may be per mitted to amend the complaint by substituting in' Ior 'at ;' mean while it may stand pro foru.' Then we except, and reserve right to appeal.' 'Exception noted and right to appeal granted.' 'We,' said Tiarn bourini's counsel, 'except to the ex.ept.iou, and re serve right to appeal from the ap peal.' 'So ordered.' said the Judge. '1 do not believe that there is any statute decisiou governing the case. Alon lux, sed crux. Judge O'Reardon, on the day before his impeachment, held that redress for injuries to the person, where accompanied by robbery of pea nuts, comes under the act of 1811, entitled 'An act to protect ia riners on the high seas, and to se cure minors pending the probate of contested wills.' In the 23d clause, which relates to codicils, it is said: 'The lav does not pre suppose violeuce when none ex ists. But evidence on this point is only admissible in quo war ranto proceedings, and then may be stricken from the record on motion of opposing counsel.' Story, in iuldoon vs. Gilhooly, 2, 40 s. h., holds that peanuts being contra band, trade dollars must be ac ,epted in payment, though it is Lrue that this is not altogether analogous to the present case. Mens sana in copore sano I so ield in Percival vs. Tee Pythago eas Art Association, but was over uled. There is anothez Judge on he bench of the Appellate Court 20w, so I will risk the decision again.' 'If your Honor please,' said rambourini's counsel, 'Ryan is a )igamist.' '0 !' said the Judge, 'that alters ,he case entirely. Justun et ten icem propositi virum.' 'rhis is collateral evidence,' re ponded Ryan's counsel. 'Tam ourini is a judgment-debtor. What standing can we have in3 ort? Besides, be is a litigous >crson, and is defendant in the ase of Sam Yong, Wab.-Lee et dl. vs. Tambourini, in the matter >f the Mulberry Street Empire Laundry.' 'Can y ou prove it ? asked thbe [udge. 'Your Honor, it is a matter of record.' 'Then~ I don't see that Tam >ouri*ni has any caseC against Ryan.' There w as a.brief'consultationl etween Tambourini and his younsel. The latter, rising, said : 'The case, your Honor turns ~pon whbether the laundry is in ~orporated. In Magoon vs. Apgar, Burke 7 to 8, Radcliffs Reports, t was held that the articles of in sorporation are necessary to the suit. 'Relying on the decision of Wal lr, in McGlannaban vs. McGlab berty, 1881, under the statute of' frauds, according to the act of' 1869, entitled: 'An Act to pre empt homesteads and reclaim waste lands,' we rcst our case.' The Judge wrote on a visiting eard: 'Will b'e with yon directly,' and banded it down from the bench. He then rendered this decision: 'Ryan is to be released pending the framing. of' a new complaint, the present one being defective. Tambourini is sent to the House of Detention till the case is called up again in the August term, Ryan is to hold the peanuts. The Court stands adjourned.' 'A cold day for Abbatucci.' mur mured Mr. Dalry mple, sadly, as e left the balls of'justice .and got into a bobtailed car.-Earncst Harvier, in Puck. We should always do the best we can in the circumstauces in wich we ar-e placed, not idly dreaming of the great things we would (do if' they were differe'nt. Those wvho would do much else where accomplish little any where. Learning without knowledge is but a bundle of prejudice :a num ber of' inert matter set before the threshold of the understandfg,r to e exdnsion, of common sense. FoR THE HERALD. Waterii Place Novelt ieo l'ichfieldl Sprsings. An extremely fashionable lady now prides herself on nothing more thau a pair of tan colored gloves of kid or chamois skin that she wears in a mass of wrinkles above her wrist This is the badge : the sign and symbol of veritable "style" and she who bears it looks complacently on herself and disdainfully on surrounding existen ces. If allowed to follow its destiny, that stretch of kid or goat skin ought to reach from half to all the way up to the elbow; being made without outtons or perhaps only a few at the wrist. Thither, however, it must never be allowed to go. but must crumple and wrinkle as previously described. Not only is this fashion adopted when costumes of silk or wool are worn, but in case of, thin mnuslins or even white satin. Yet the greater number of ladies are dontent with a kid glove worn in a wore conservative way, or with lisle thread, silk or lace mitts, of which there are no end in the market. But lace is certainly the color of the hour; being preferred to shades currespoudirg with the dress and influencing all the lighter sunmmer substitutes for kid. Still there are other stylish hues worn even by ex tremists and these are gold, golden brown, gray or black. Both gloves and mitts of high and low degree are long on the wrist and there is much less open work than formerly. TWO SCHOOLS IN SLEEVES. Two schools in sleeves, as wide apart as homnopathy and alipathy now prevail. The Gigot or bishop sleeve is +he head and front of a new rebel lion ; this being followed at a respect ful distance by sleeves imbued with similar ideas but of more modest out line. The Gigot, however, comes boldly out and shows the veritable balloon top of olden time with cuff shaped in to the arm. Unlike the leg of mutton, however, it is cut all in one piece; the puff at the top be ing put on separately. Sleeves of lesser note are crowned with smaller puffs while at times we see two puffs divided by rows of shirring. Mean time the close coat sleeve holds its 1 own and thereby no small advantage to the public at large accrues. An arm too thin can hide securely under those friendly puffings and show to I the world as if it were the plump est,t and she who dreads no scrutiny can wear a sleeve that follows nature's fair proportions. Each one does well andi each is stylish. FASHIONS FOR THE THIN. But if a thin arm can be made to 1 pass, wherefore not the individual ? This pertinent question can be an swered in thae affirmiative and the re sult so satisfactory is brought about I by the aid of shirrings.- This the more so, bec~ause they are a veritable rage. You cannot misplace themi. I Put them about the neck, on the front,( on the back, around the waist, on the sleeve of your corsage and you commit 1 no error. Have your skirt shirredI from end to end :you touch the ex- I tremist's limits, but you do not over sten them. Even the hat and parasol may be shirred, a pretty example of I such an outfit being one prepared of I cream white mull for Emma Abbott, who is spending the Summer here. Another tastefal costume showing similar ideas has been gotten up fort the same well known singer. It is of, silk and wool: a combination of pale j blue and golden brown, and is made Aurelian waist in surplice style, with< shirred belt and sash; sleeves with two puffs and shirring between. The< overskirt after the Carita model shows the front arranged with a shirred aprou draped high in the middle- and: falling in points at the sides. Closei akin to shirrings, come puffings. T hse because a moure pronounced type are used with some caution ; you canot cover your whole outfit withi putis, but they are very popular. For the bottom of the skirt, nothing is better liked than a puff; one or more ( puffs around the neck are quite the thing, while a puff at the wrist some-t times supercedes a cuff. But runfles( may come in to complete the magnity ing process ; puffs can be united with shirrs, till if need be, one can: become ( a perambulating mass of shiras, puffs t and ruffles, to which plaitings- can be I superadded. Let me atone .at the I llevena i} our. owever. tvr a .: tiu aeglect of V stouter cut ttuuE. 'or theui, t he .iroliina poiuua:Lt ouild be a tasteful choic: i l U. 1n the hi's, flib. in a .imwl hiapedl painit at thie left :mid dtraped iigh on the zides. In (c"u:;lusi)on, r :cr'e feel that AN Ai' L(a;Y s needed bec:iuse I have taken you { *roi New York at a time when all .Ih:it is fashionable has fled. Next Iionth I wili tell you what is going )u at ,aratoga. At present, life at Richfield Springs is elaruiug nough od I wish my readers w;re all here u cujoy it likewise. Since lat season be American House has been virtual y rebuilt by 31r. Welch. of the New ork St. Nichl:as. Wa!ls are newly )apered and painted, flours rlcarpeted, jeds aad bedding fresh and (lean. ihe ild kit:heu and laundry are jolishI;d and new ones are Ioeated at le e:d of a win. two hul:dred feet o:;g Adjoining is the dining room, vhile leading to it is a grand hall fif :een feet wide by one hundred and ifty long. The old bar room is taken roi the piazza and iustead is a wine nd reading rootu ; an intermediate pace, formerly used as a sort of gen ;ral receptacle, is now a pretty park. hile for the little people a "childreu's )rdinary" is set apart, where, as a :unning idea, the walls are covered ith successive pictures and nursery -hymes so prettily done that a grown ip child might spend hours in study. ng them. Lucy CARTER. A PRICELESS WOMAN. The late Mrs. Baker-for that ?as her latest name-was not so ragile that she could not be ban led by a careful man, but still a ery light blow would usually )reak her. She was very proud >f her fragility. and by its aid her insband managed to amass a corn ortable fortune within three rears after their marriage. She is )erhays the only fragile woman mu record of whom it. can be said hat her wvhole value consisted in er fragility ; but, as her story ows, her fragility was the sole ~apital invested in her husband's >usiness. In January, 1870, Mrs. aker-then a single wornan, as , whose maiden name there is ome uncertainty-waS married to ir.Weelwright-Jamnes G. Wheel vright, of Worcester, Mass. Hecr iusband married her on account >f her well-known fragility, but ie,treated h.er w it h such kin dness hat in the whoie course of their narried life he never once broke er, even by accident. In Feb uary, 1870, the Wheelwrigh s re noved to Utica, N. Y., and one lay Mr. Whbeel wrigh t took his1 vife to the railway station. and ad her break her leg in a small iole in the platform. He at once ued the railway company for 10,000, being the value set by ~imself on his wife's leg, and ten ays afterwards accepted 853.000, s a compromnise, and withdrew he suit. rThe Wheelrights left tica in Juue ,1870, and in the olowing August the dutiful Mrs. heelwright, who row called her elf Mrs. Thomas, broke her other g in a hole in the platfor~m of ,he railway station at Pittsburg. gain her husband sued the rail vay company for $15,000, and :omprmised for 86,500. Thbe leg vas mended successfully, and in uly, 1871, we find the Thomases, iow passing under the name of d1r. and Mrs. Smiley, at Cin innati, where Mr. Smiley, after ong searching, discovered a piece >f ragged and uneven sidewalk, mon which his wife made a point f f.lling and breaking her right r. This tim3 the city was sued or 815,O00 and Mr. Smule y pr-ov d that his .vife unas a school eneber by professsion,. and that he breaking of her- arm rendered t impossible for her to teach. for ~e reason that-she could not ield a rod or' even a slipper. The .ity paid the $15,000O, and the miley's having by honest indus r thus made 626,000, removed to 3bicago, and entered their names u the hotel register as Mr. and Irs. M'Ginnes, of Portland, Me.I )n the second day after their ,rrival at the hotel, Mr. AI'Ginnes ound an eligible place on thej siazz for Mrs. M'Ginnes to break~ ID EI T ISI,6 RA TES~. 1?v t"'r:j.""Tuc"nt- in.er;''1 at tllc rate 0l S1.ul per s quire t, iii(i1 f ;r first inserncrpfl ::n1? .' )1o .1 zl~qi.nt itl 'rt$ I )o r:Jiutiinl adU je11-lfle!ts ten per c- it. utl auuve. ',Ut r'r ":el.l. 1srte' Der .1uire ais orelal:ay new'. ~ Y %L ve\ ratc, TEIRMS CASH. :il:utlt':'r lg. 'vitli thiat excellent wOtnan pro!liptiy (id. '1he usual stitt tor 615,OO0) was brought, and the~ hlC-iceper, fearing~ th.{t the :ltuiietOty~ of the tlui, Nvouid inj ure ilisie. l %":, iac to ~ornprOmise oyy p"yiig ~S UOO By this time, it is tuudersto)ood, Mrs. T'ifnnis was Wj" jjh3ir 0) 1cith'e fromr business, but her hub::n.i l,ad set his beart on making ;-30.000, and like a good %wife. she coth:M'rIted to break some IIor"e bone& It should be said LthatL.ere '.as cver " little pain at t:nitga fracture of any one of the !ady's botles, and that she did not inI the least mind the monotoonf of lying in bed wvbily the tbroken bones knitted together. There can, therefore, be no charge of cru lty b1rought against the hus bani-". Indeed: shca herself entered With hlearty goodwill into, the scheme of mhaking a living with her bones, and would go out to break a leg with as much cheer fulness as if she was going to a theatre. In March, 1872, Mrs.