Willamette farmer. (Salem, Or.) 1869-1887, December 29, 1876, Image 7

Willamette farmer., December 29, 1876, Page 7, Image 7

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Newspaper Page TextFrom the Tallj Statesman. SUPREME COURT PROCEEDINGS. (Prepared by J. B. Lister, Stato Librarian. Decemlxr 19, 13TB. Amoa Undnrooil vs D. M. Trench ami Z. F. Mooch, appeal fiam Wim.o county. Deloncl ant ploailil a forum adjudication of the came of ictii n ct up lu the complaint. PhmtilT re plied tl.at the ttaii3iction adjudicated in the former aMion was not the -anio transact'on sot up in llio uunpUintin fun action. Held that it was eiror lu tho courts below to permit the Jurors 111 tho foinur tri il to testify that Hit) cause ol m."'on tct up in this action vraa 1 ot pimtj 1 pou by iboJurj; it nrpearlng irom tin lecorrt tlut it was lu isic in tLo form er aclu 11 2d. lu iduiit parol, cv.di.ncc to shnvr that I what is cl ally shown bj the locoul to have been iu nane was not in fact tried, would bo to contradict tho record bv parol evidence, to-wit Freeman on ji'd'iuent8, II . 272. Parol cvidencois admitted to identify the subject niattci, where an inspection of the wnoloiecoul leaves it doubtful whether tho samo subject matter wa3 passed upon (2d Grcenleaf on evidenco 532) but not to contra dict tho record when it is not doubtful. Tho principles contended for in this case would go farthor than lucrelj to show that an lbsuo joined bj the pleadings, was not tried by tha evidence and would see1: to show, not wbatwas pieBented to tho juiybut what was considci ed by them. No cao cited by counsel or ionnd by us goej that length. Bncli a tulo would permit uverj caso once tried to bo tried aain as often as a part of the Jurori. who tiled could bo foun 1 to testify that )mo of tho isics submitted to them wiro not couoideicd in their deliberations. It is lurthtr ojicucd to tho objection that it admits the cm denco of Jurors to impcrch their own verdict. Tlie judgment of tho Court below w ill be re . vetted. Opinion by Judge J. V. W atson. Stato of Oregon vs. William Spencci. The appellant was indicted by thu Giaud Jury of Wasco count, and obliged nith having eomit ted tLo crime of perjury, bj snoinn faUelj in a ciil action between 0110 McCoid and ap pellant. Tho pica ot not guilty was Intupoed to tho indictment, and at tho trial of tho action appellant was tound guilty as charged. A mo rion for a new trial and arrest of judgment haing been intciposed by appellant and ovei rnlcd by tho Court below, tho case conies hue on appeal. The matters in behalf of a now trial adduced, being tho sound discretion ot tho Court below , 1 not urged as orror, but it h in sisted by appellant that tho Court erred in re fusing to sustain tho motion in arrest of judg ment. It is claimed that tho indictment does not etato fact sufficient to constitute the crime of poijury as alltdged. 2d. It does not appear by said indictment what was the substance of tho controversy to which tho crime was committed. Sd. Tho indictment does not show any nega tion of tho several matters charged theiein to bo falso. 1th. Tho indictment doe3 not Bhow that the nuttor charged to be falao was material to tUo issuo tried in tho action out of which the pcr uryaiose. Having oxamined tho indictment carefully in respect to it3 sufficiency we aro of tho beliof that opinions aie not well tauen, and ehonld bo overruled. In answer to first objec tlon, that it does not appear byvhom tho appel lant was sworu, we say that it is not ncccsiarj that it thould so appear; tho indictment charges that ho was duly sown iu tho Circuit Court and that it was in a ciil action, and tho Cncuit Court had tho authority to adminster mid oath, and contains tho mattors alledgod as perjury and proves conclusively that thoy were nnteml to tho action, and wilfully laue. Tho indictment appears to contain all the ma terial allegation required by tho Codo in an In dictment for perjury (Sec. 87, page 351), lrom which it will ba seen that, when the perjury n alleged to have been committed in any Court having authority, it is not necessary to allego by whom the oath was administered, but it is nuflicient to allege that tha party was duly eworn in tho Court specified; aud when the action comes to trial the prosecution may provo the tact either by the Judge of such Court or tho Clerk; but when the oath has been admin istered byBorae oPLer with authority to ad minister oaths, themt necessary to stato by whom. Section 71, pigo 330 of tho Codo, pro vulcs that the manner of statins tho act consti tutes tho crime as set forth in tho appendix to this.' buch 13 sumcient in all cases v,hero foims .. .nniiwihlu. Tbo indictment appears to have been copied flora tho form in the appendix of the Code, page 450, and tho provision in tho act referred to wt-think wrata m la r . ThelSeut Uathruied. Opinion b Judge P. 1'. Prim. Sinn dxs. DlCEMBEr.20, 187C. L. EvarU, appellant, vs G. W. Btirgart, re -nt. This is a snit to reform administra. i,-. l,.d anainst the sureties by inserting tho .mount of ponalty (S10.COO.) which appellant claims was omitted therefiom by mistake, and to enforce the bond whon reformed. Tbo question presents itself: Has a Court of Enuity the power to reform this instrument by inserting tho penalties? Tho appellant's counsel cited different authorities, proving that a Court of Equity bad the power to reform ueh bond, but In each caso cited tlicro was a blank showing the intent at tho formation. The writing sought to be reformed in this case Ui no opening left to be filled, but b written without a blank opening on its face, but leaving out wreral words usually inserted in a bond, nd which words, so left out, ara vital toils Taliditj. A bond, it was an attempt to nuke bond, but a failure to create uch an he tend as it was is not a binding io.trti ,nent rendering the .uiety liable for tho default of the principal. ConrU of Equity will reform written itutrn- .. -, hr the mutual mUtako of the par- " " ,. ..) ties in a matter of fact we intiruiu. .. , s-.iwl utbe parties intended, bat such b enforced as tua panics '"'" Court! b.Tegeneral.y M' rc" obligation not named n ntri.i "'' t formed i sought to to ". " n"1 original contract ,hTi, a trto Eqni ; lion is filled with a groat deal of useful statist! UnL1 openJardugto ciHnform.Uon andis the neaU... typoph- nnlilndinz force; !n .i ..,! .1 contract operate fix intent ol the pirtici, but will cot gittTi tallty to that rbich is void on its face. To reform this instrument would bo extend ing the cower of a Court of Equity beyond any precedent caso cited by the counsel, and there seerfis t J bo without doubt as to the piw'or of a Court of Equity to reform a bond by filling a blank when tho blank wis open on tbo face of the instrument, and must hive been knonto tho oMig iters when thej signed It; and tho au thorities arenctunifoim on tint subject, and when it has been mainta'tinl it has been on the grounds that 1,0 such authority was given bj too obliiiatois. T n . ...i . 11 1. , . . 111 tins ciio no such luthoritv can be implied irom me liistrunciit, there bein,; im b'ank in it or allegation that there over was to lie added to e - it. Wo tl Ink th" d-creo of the Court below .lis. mtlni; t!i bi'l should bo tustaintd. Ol 1.11011 by Judge 1! I'.Eoist. EARLY TIMES I N OREGON TERRITORY BY AN OLD flOEFE. I Written for tho Oregon fatatesmin. What a time wc had in tho early dijs of Ore gon Territory! Mills, thero wcro few ; and as a cousequonce, Hour was not to bo had in manv soctions of tho Willimotto alle, at all. Dr. MoLanghlin had a flno mill at Oicgon Cit, or as wo often called it, tho 'Tails," oi moro often. "Turn Water." Jo. Galo had a "nttlo tup ' in Tiiahtm I'luns. Thno was a small mill it Chcmeketi, now Silcm,kno vn as tho "lJaitjn," JIUion Mills, in coutiadlstinctlon tu tho 'Pus.uko ' 1'icnch JIision Hills, in I tench Praino. There nas also a small mill, on a branch llowiug horn a small lako near tho 11- lametto liver, below Chemawa or the. old Meth odist Minion, ,iboo Matheny's ferrj. This old ttillwas, aswo used to call it,"hiis cultns," but am thing that would "cuuh whnt" was a mill. To think of Unsold mill, t! en, and of Kinney's Mills at Salem, cow, nisi es mo thiuk of bh ikespearo'j comparison, "Look at tlntpictuio, Aud then at thul ' A hrgo majorit of tho cmigiants hid no lloui. Ihey In oil on boiled w licit, boiled peas, boiled potatoes, and an occasional meal of beet, sometimes deer, ouco in a whllo, a ' bar." llicii chius ntro small, of fir logs, and puncheon Ukhs, or cry often God's own naked footstool; and, on tho "naked dnt" flooia wo spread down ourlh point blankets, Hudson's Ba blankets, which wo had bought ot Ermatinger, at the rails; oi, not nnfroqnontlj, wo bought them at Cacbutthut.or "Old Man Dr. V Dr. McLiugh lmg, at Fort Yancou er. Wo sold onr w heat umvirsally, to tho Companj, for one dollar per bushel, whilo the Companj had an eistcnce. now ucamuiED s-ome Tinvris. Wo had a few cols, Ameiica.ii, but mostly Spinish. Tlieso Jat wo had to tio, head and ieet t' cy kicked lika 'olll and would hook, fight, and oven bito, still, wo milked 'em. We had to thiow a lasso over their horns aud hull 'om. up to a post, tio and milk 'em lhis vas f nn for thu I o s, aui mei ry lassos then. Tho milk was rich, us tho cows hid all tho bunch gra'3 thej could eat. Wo had a few American horses, but moBt of tho horses wo used, woro white-eyed, soio no3td, Ci uses. omo of theso weio good horse-,and somo not, they would hick, Lite, fight, and jump stiff legged I It was fun toridoonoot these, especially for a A speptic. Sometimes it was necessary to look out for a soft plico to full, Just as jou straddled one. Tho fashion, lean ed from tho Spiniards and Indi ans, was 1 "lopo." Some Cayusefl would Upo 40 01 50 miles in a day; and a few might lopo all day uudor tho shade of a big oak. After riding a Cijnao .ill da, onoconld cat boiled whoat and milk with an appel.to likoa sawmill. Wo had butter, pretty good, loo; and Hour and potatoes, and lots of other garden truck, foruearlj ill of us brought garden seeds "tho plains across" Foalher bed3 wcro rare; a 1 ojgh bedstead, withsomo straw 011 il, a iU DOiot blanket on that, and another our us, made a magnificent sleeping apartment. When we wont ccmrtm,' for peoplo, even in thooeaily da' i, did such things wo rodn a whito-ejcJ, soro-noed, cultns cuitan," with a rawhido siddlo, bridle and las-o. Tho bit of tho bridle was generally a bpinisu bit, that would kill the Old Scratch, it pat into his mouth, wooden stinnpe, 1 horse-hair slcch; and ovei all these, rider and all, was a blanket with -. hole 111 it, through which ite head of tho rider piotrudid. Tho 6iut, ifjou call it such, wis a nudson Day fiir of pants, big enough for "olomanDr.," or soniotimcs lucksUn; Hud son lia) Bhoes or moccasins, v ith rawhido hot tomi; a Hudson Daj check shirt, and hat that a Philadelphia lawyer couldn't describe, niado up tho suit wo went a wooing in, and, woed 3nd won, for wo bad Ihea tho finest girls in creation I They looked at a jouig man's heart, not bis "rig." THE SUIin FAMILY. There were, in thoSo days, somo great men, with groit names, as: Dlubber-Mouth, Two Story, Nois, Ited Shirt, SHn-FIint, Bottlc Xosed, Tlirte-Fingorcd, God-Almighly woll known in the Tualatin Plains ll!ocsom-End, Itot-Gut, Duct-Legged Smith. Theso greit men, each great in his own department, haio written tlieir names in Oregon's history. WE W HUE HOVEJT TUFV. In thoso diys a man's word for so many bnshels of wheat, was good. Wa were hospita ble, whole souled; thero was no an3ocracy among ns; we were all alike a brotherhood I mean, the mo.t of us. Wo attiibuted this friendly fooling to tho fact tl.at lawjers, preach ers, and doctors wero few, and these few "laid low and kept dirk," mostly. Moro sometime. I.ook Out fbrlllui. 'Jeremiah Thomas, Esq.," U in tbo city, snd miy ba found lounging around tho seieral tu-l loons, and bis numerous friends will probably bs plcas&a 10 neai 01 nis arrival, lounmcn, however, aroadvinxl not totulmala LU ac auaintance too intimately, as be is said to bo a good wrestler and is pretty certain iu tho long run to hv them on to lr Lucia, ana tiiully to "rattle tL'eir Lont-s ocr the stones." jlrlortmrun Alnintmr. v acknowiege the receipt of a copy of thii nHlttlepubhaeUon fortbcearlk This u (te 2U or ,u p.tbjica,icn( j tll the time it is crowlne in ixipular fvor. ThUedi- Call, W tJ tJ '' f'r".t,-,.. WILLAMETTE FARMER. MINING NEWS. siLYrn srnrsos. John J. Divis, ot Wasco county, writes tho Albany Democrat, under a hto date, tho follow ing iu referenco to tho Silver or Soap Springs of tint county. Th location, 01 1 lace, vilie ro tlicw mines aro is motislv termed, as "Soup Holes," "boip Sp-mgs," "Silver Sprint,," 'Silver Wells," and ovuj tiling cl-j that a fertile mind could lment. This fll sounds verv nice, but, of course vnur leader will all wsnt to knoi -limit whit il- xl ilencciiiputlliou thniiinrnthcv heir fi im tliiicomi', anil 1 will now f,he them inyopin , 1.,,, ,. , ,1 '1,ii. ' ' -" riiiMtinuii vnlNrrs nolluiiij uoionnr less than cliiinuojtf rest hnu up lrom som," qnaiti lelgtsbilow 1'citcif this qiiai'2 his beeoino ile-cnui) o'o-l somo priwfs ot 11 itnro and 1 as woiluliti wit tn the surface ot tl.o eaith. Xonont tl cse lnlgcs aro ij ".int, atidiioono his anv knowUslge as to thoprolillu disii'iuo it lii'. ami to tl en. Foi the purpivo of giung my views of iho mattei 1 will nixner omo of tli"nui,.tions cen- cii!l p'iiioiuidtfd bv pel suns niauing inquires in icl ill 'ii to tlitnc lint m: (J liojim know that thno issilier in the mm! tikeii fioiu tlui-o spnuL' A - I know there is smnoiu it. Q. How do jon know it? A I h.uosecn silver taken out of it. Q Do von know what it asijs? A I do not. (. Do on thiuk tho mines aro worth anj thing? A. I do; and I further think tint thcT w ill leid to tho mc-t citensivo discoieiy of tiller our niado on this corst. Q Would you fdiho jour friends to como over' A io; not this wintc". Tho inclemency of tho weather would not permit them to piopect wuu any uegree 01 suctos nnui next tping WIIITI lllL. Dr. George U. Chinic, the well known den tist of l'ortliud, his on exhibition at liis ofilco ibout 10(1 specimens of gold-beiung qtiutz, taken trom tho White Hull lo5o, located near tho headwatcis of tho Smtnni, in tho Caoidc rmgo, ibout Id miles luvn fcileni. As jet tho lode bis ben woikedonlj to a limited extent; but the nieigro deiclopmcnt alreadj niado in dicates areit ncl nes3 q'lito sulhucnt to build sanguino lupes upon. A new companj wis in- coiporated on tho 1st of Xovcmbei, cillcd tho W hito Bull Gold and Silver Mining Compinj , composed of gontlemin qf Porthndand balem, Specimens on exhibition Lj Di. Chanco are ex ceedingly rich iu tho precious metal, and aro is beautiful fi igmei.ts of gold-boring quirtz as can bo found in an cabinet om this co 1st. 1.STHE1. MINI Mr. A. Matks, ot Roscbitrg, relumed fioui tho Either luino lrst Tnday week, bringing with him unqualified oviJoneo of tho richness ot tho mine, being no less than n slug of nearly puro rMJ weigluug llflj-six onuccs, tho result of four da a' run with tho mill and twclvo days' wiili tho pans. Tho company hao four teams now delivering rock U tho mill, and as thej hivo just fitted up tho paus good results lu tho future will bo obtainod. l'oui men in tho tun nel can now c isily keep a ten otiinp mill sup piled with ore, and wo understand tho torn pany proposes increasing their mill to that capicity in tho spring. LltKI IjLEEN. Intclhg'nco was received by telegraph in this city last Wednesd ij-, by Col. T. I). Itiekej , that the main lodge had been struck on tho lower levol, and was cqr.nl in richncui to anymlno ever opened on the coast. The mill is expected tocommeuco operations about tbo first of tbo new j car. Tho stock of this mine is strong at S2 per share I.EW CISCO! Eni. Mr. John Balmon, proprietor of tho Portland Ice Works, passed through the city Tuesdaj , on his way to Portland, Mr. Salmon is an old No vada minor, and his nanio is connected with somo of the most important discovering over niado known on tho Pacific Coast. During tho past ce. cral weeks ho ha3 been viewing tho country and prospecting in tho vicinit of tho Lucky Qneen and Esther niinoj. Ho reports tbo discovery of a rich ve.n of quarU near tho Lucky Queen mine, and bis tiip to Portland Is ir ado for the purposo of orgiui. ing a Compau to develop the samo. Mr. Salmon is confident of hiving niado a rich stiike, and predicts that a groat mining camp wj'l spriug up ero many years in the neighboring d of tho Lucky Queen and Esther minos. Of these mines tho gentle man namod bis ranch to say. no eiys ho ban seen enough of tLcm both to feel satisfied tint they aro very rich, and that work will progress on tl em but to lead to bettor results. Iho ore now bein,; taken out, he claims, is richer than is represented, ard that thoso who own theso mines should consider themselves as unusually fortunato. Hineo his tour of inspection Mr. Salmon hai purchased stock In both tbo Lucky Qaccn and Esther Compinios. BANTUM MINES. Wc lcrn that in addition to the Capital, Cas cades, White Hull and Hydraulic mining coin piuies, alieady iugani7ed on the Upi'i banti am, several new atfd uch claims will bo opened early tue coming season. l'rl racking In ShIciii. Pork packing has bcon carried on qui to ex tensively in this city tho pn sent car. Messrs. McCnlly Brothers hivo put up thns far 450 head of hogs, Thompi-on A. Latere 200, and Smith .t Collins over 100. Tho majority of this perk hn been converted into bacon of a very superior quality. Tha hams and shoul ders arc all being sugar cared, making them much uiccr th&n when put up phin, and far superior to any vre have seon coming from tho famous picking cstib'isments of Chicago and Cincinniti. Nearly all our packorj ara patting up brakfast bacon, which is alio being thor oughly sugar-cured; whilo Messrs. Farrir Urotbcrj ard putting up roll bntter for their local trado, which is alio being sugar-cured aLd sniud. Tlw roik received bv onr liwil bujeis thns far is pronounced to Lo well fat- 11'JltM Oil' UIIIMHIW .M ,WM .fltillUUIt, &IJU price paid has been from ix to serou con Is per pound. i ITpM t'uHiutry. Tha Tortland Standard understands "that soma of the cannery firms noon the Columbia, with a view of keeping their besiuess in motion, aro canvassing tha idea of reparing to can fruits at,d vegetal les In tha summer. Thn en terprise has every assurance of success, as thuro is a constant demand for canned goods npon this coast " A fruit ranrery ought to be a good thing iu this place. Homo ona mtcrestul in the growing of fruit should invcsUgato tl.o lulject. .S ow is iho time. A iJirae Mull Ity, Lout Monday thero wora 1,033 lettrs mailed from tho silei'u I'cwt Oflce, br ctual count' This U the largest nnmbvr of letters ever if nt from our city, on any ens day, iu ti 0 history of in: ciiy. 1 Late Dispatches. .llllltHry t'niiernl. Vasiiiotox, Deo 17. llio funiral of I He Inspector Ocncral Hnnlco to-iliy wis ittoiiclocl by ne.irly nil tho army tliieurs "titloutd nt Waslilngton. irnl i hrpc con mro of niliiroiliclalniul ptrsomt Iilciuls of uecc.ieil. Itnllmi) 'tullers. The inulny Ilenlil ol to ilay, nlo con tain .111 editor t il cviilt'iitl Inspiieil by the Ilniitlntivi intcit'-t. in wlikh reyict is c:.preeil tint the Iriemls oMIio'IVmis 1'iL'illu H1II1011I lini' not combined witli the bnntlicrn rmllic Oinipanj. of C.ill liiirnii. iind tin' I111I111 itio 1 is tlirounotit tint null Loniblnntlon ml"lit bocflccled. 'S'lio Molls, (omuilssloii. ClIlC.Mto. Dec. 1". The Times' Wasli Ington -pielil sij: TI10 report ol the Sioux cormrtivdoii I receded lure. It details the iiive-tbitlon into tho lite Sioux wai", and Muds tlio Indiius were greatly uronucd; tint tl cy were ju-tl-lied in tlieli ombrwk by tlio repealed Mohtionol nil trtitlis. Itlsan intere-t-iii; cnmnicntiry on the Gommnent's llc.itment ol tho Ind'an qncstlon. A nptliil tntinrcl Itenuctt ItirMrllui Xew Yoitic, Due. 19. Lnt niplit u bis job was put up on Benuct, of the Kerala. All the iou.n.ils leeelve i mi elaboialo decrijitiou of his nwrrinfjo with Iiis M.y, --ent it tn the Herald foi ei mention, found it fa We ami btip-prc-'-ed it in time. (ei9. C'rooIe'N Aimunl ltetuirt. WA'suiNCirov, Bee. 1 Gen. CiooU, in histumu.il repott fcays the nuiicia In tlio IUaek Hills did not violate thoSioiiK tie.ity until tliolu dlnns hid cc.iFod to legaid it. Ho 11 Wo calls attention to tlio t.iet th it tins eommaud, less thin 1,000, fought aud defeated Sitting IJull'i bind on J?oe bud, ono week befoie tho Custer 111ns--.icio. Ho thinks tliepoveinnienthns treated the Sioux with unp.uolleled liberality which thoy have tepiid by i.iids nlona thorjoidtrsor tlioiesestv.i tiotis. Aunttirr Fire nt I.lltle :ieK. Lii-ru: Kocu, Dee. 10. Another llio broke out In tlio block, count MuMiim and Shu unu streets, which thicitei)3 the wholo cistern bulnes pait ol tlio city. The uttno-t ecitcincn!; piev.iiW. At nine o'clock tour engines wero phn ins; on the Iho. Tlio block m'ciih donnied. It It W dctrojpd, the lo-s will lie ?WiJ,000. 10 v. M, The walls of biick aro crunib blinj;. It is the hrgest wholesale house in Aikinsas. Tlio tlimcs cinnot be iheckcd yet, and there is no telling wlnt destruc tion will ensue. The the Is believed to liivcbccn the woik of an lncendiiry. 10-.10 It Is under control and confined to one block', although tho-,0 adjoining aro considerably daimged by llr and water. Ilenv Losses ly I'lre I.tTTii: Rock, Dee. 19. Tho los liy lire lat night U cstini itud .it $100,000; in surance le?3 thin hilf. In the ptst six wcik-. tlio los-e? by llro In this city hae been 130,000. Incemlliirlsiit. LiTTi n Rock, Dec. '20. It is bel!rcd tho lito llres have been tho work of an In eendlirlsm, mid great visits mco vf be cxeieWed in tho protection of property hete. Tho insurance on the property de stroyed last night was 72,000; total loss, lo0,000. A DfApernte Ixivcr. Mmi'iiis Dec. V.). A youne man named l!otul,ln Ing been ordered lioin the hoiio by L. Jllll, ol Shelby depot, wlio'o daughter ho w.is lstthig. returned with 1 pWtol and shot liim tli: tlines. e,iu1n death. IIo then diaggtd AIWs Hill ovei hoi latlicr'o de id body, to a rnluWtur's anil In sisted on having tho nitiriigo ceremony performed. Alter other desporato deeds he c-uaped from the po-so which followed him. Iiirkpy lleriisest lo cl any Terrlloiy. I.ondo.v, Dec. 18. A telegram from I'esth Bays it wns nsscrted positively that tho Porto will absolutely reluse to cede nny territory to Montenegro or Serviu. CoinmnnUer Apimlnte.!. A Vienna dlspatoli announces that Achmct Kyouli i'nshti lius been ap pointed commander of thu army of tho Dundee. Thn (.eniifin ( oiurtrmiilnp. A Berlin cm respondent says tho prin cipal feature of thu compromise on thu Judicial hills is, that the Liberals atinndoii all amendments wiilcli they hnd msulo In favor of it president. The compromise leaves to tho various lederai governments tlio duty of iu eridlntr whether ollenders htralnst iress laws will bo tried by Jury. Tho udlelnry bills will now probably pas y t0 majority. nuHKlnna In 5crlit The Vienna corrosjioiident says tho Russian General Xs'ikltlne has started for tiervla to tnko command of the Russian troops ami net us plenlpotmi- unry. inn soiaiers ihiiddkiuk to uie activo army of Hervia, vho aro esti mated to numbor ii7,iXK), have been or lured to rejoin their colors by the Uiid of December. Tlio Times' dispatch from Berlin utatesthat (Jen. Mkltino goes to in spect the Hervlan army. Tho Rus sian Journals ay only 8,000 Russian volunteers remain In iServlu. The crops In all tho south of Russia are so damaged by frosts us to bo use less. Uoulil Sc t'lirry-Anuunl McrtlnK, The annual meeting of tlio Gould it Curry Mining Co., was held ut 1 o'clock to-day. 'Jbe balloting for o'liexrs resulted In the rc-cliitlon nf theo'd t'c-et. Tlicro were a gitat many dUjatiiflo'l fctockliold en pre nt, and bitter thing? were -aid of the iniiKgonetit, It In Ing nllcLiI lint tho id I in wasru 1 e!mj,ly In tli lun-rv-t ol'tl.e bonanza mines, pumping them rut and boWtlng their ore at an expense ot about IHe dollars per ton, for which only Hltv cents vvns received. Judge lleydenfelelt di'fcuelid tho man tgement, stating that such work ,as being dono under a con tract de'tened lo f leillt itu thn worUlnr- ot all the mines nn die lc.nl lrom tho Union Con. to il lie eV Xorcross. Iiicl.j Atcnseil. Tames V,'. Toniniu. post olllco cleik, anestcd some mo iths ago for robbing the malW, wasilich irged to day 111 ti e circuit court on motion ot C.oV. S. Attorney un der In-triutioiH limn tlio Attorney 'Gen en I. tho gi ind jury hiving lgnoied the piL-entiiient. Hie indictment against Ch is. It. feandi ' s. del inltlng paj m.i-tcrr wasaWo dismWscd. Ierniiller Airlsnrl San I'i'vnci-co, ice. IS Vcr Mo'ir, Pirrutt V Co.'s defaulting c'crl, waar inlgnul to-daj In the p ico court on lour ihaigosnt guild htciiiv. liy agreement tho c io i is 1 out! mill lour vveiks. I'mi )iri 1, vs Mluinion. Tho conte-iid election between Paclicco and Wlggluton, in co.icquenco ol the ill ness of Judge Dilngerlield, wsnt over until ne Wednc-diy. WliMilluK Ainn). fANl''llVM.MbCO, Dec. 11). About II o'clock last night a shooting afi'ray OLTiiried hi iv room in tlio second story of No. HOo Market street, during which Chatles McCiann nnd his wife wero shot A few minutes nftor tho shoot itig ofllceri Co Hey nnd Pago cntcieil tho 100m nnd found tho wounded man on n bed and tho woman on tho floor. W. H. "Wnllneo, of lH Kolsom slieet, who enteied tho loom with tho of ficers, witi called by tho wounded man, who said: "I want to mnko this my dying statement to you. My wlfo shot me, and In tiylng to tnko tho pistol fiont her thu pistol went oil" and shot her." Tlio wounded woman then Mated to Mr. Wallace that her husband took tho pistol from lioraml shot her. Thu two wcto placed In n can luge nnd conveyed to tho city re ceiving hospital, where thoy weio ex amined by Dr. Stevens, pollcesurgeoii' In charge. Ho found that tho man had been shot In the left arm and left shoulder, and that tho woman hail loeeived a bullet wouiuWin tho upper part of tho breast. Tho wounds whloh McOann received 1110 painful, hut not, dtuigeious; but tho 0110 which the woman leceived Is of a dangerouw chiuaeter. Sho now lies In a very critical condition. McGann. whilo in tho hospital, stated ho sometimos haii in'.ariols with his wife because sho would drink. That night sho wanted to go out. Ho placed himself against tho door to prevent her, when she took a pistol from her pocket and shot him twice. Tn tho strilyglo that en sued for tho possession or tho pistol, it went off wounding her. Tlio wo man in niiBwer to questions saldr "My husbaiul shot 1110 through Jeal ousy. Ho had threatened mo soveral times, and had often brandished a pistol over mo In the room, so I took the pistol and put it away in tlio bu reau drawer. I went to attend a sick lady, named Lawtou, who lives In the houo where wo loomed. My hus band wnntcd mo to stny homo with him. T told him that! would as soon as I had intended to tho sick lady. I told him to como into tho room whoro thu sick lady was nnd bo sociable, but lie would not come in. He then took the piBtol from tho buicau diawcr and slid ho would mako an end of me. I wild, 'Don't Charley; don't. Walt till I see :ny mother Hist.' He said, 'No, now.' I told him not to bo ho Irritable; that the woman was sick, nnd I hail to take caro of hoi. Ho said lie didn't care, and was going to mnko an end of it then. I .put both of my bunds on bis shouldeis, when ho II red and shot mo, aud thru throw Iho pistol down. I don't know any moie. I make this statement under the belief that I am going to die from tho efl'ects of my wounds. I never touched the pistol to my knowledge. If I had it. I flout know it. I did not have a pistol lu my pocKct, nor do I know now my husband was shot. I did not shoot him." I'l.lil Tor Die Miss ol n IIiisImiimI Pl.ACl liVII n , Dec. 20. A $0,000 ver dict wanawiirdcd Mis M iry A. Kennedy this evening, in (i suit fir briaih of prom ise ngiinst C. V. Itrcnsltr. Thec.aolmi been on trial for eight days, exciting un ihuiiI Intere't. The court room was con stantly erovrdtd with Indie. Holb parties to the nlt move In tho first circles of o clty. The tl thn was lor f'10,000. from Nllklne nia. ViCTOitU, Dec. 20. Tho steamer GumIo Telfair arrived from Port Wrangcl Inft night, bringing about ,10 passenger. Tlio Stlkine rlrer was closed with Ice, but tho weather was mild. No mow lit) fallen. Thero 1 no nowii from the mines. Now dleglnzs aro reported to have been dl coered about sixty miles west of Vran- f;el, which pay f 7 dollar! pur day to tha 1311 1. Nrntnre lo the Ctinlngnac. Two men convicted here of pawning tho- clothing of dead smallpox patient', wero acutenceii to-ttay, to one year and six inontlil in tiJs chain-gang. Martin, tonvitted of assaulting a con stable In Alaska Territory, whilo being conducted from Onelar to Jail In Victoria, wai sentenced to a year and nllio months Imprisonment. Vtllhereil 1 1. llio recent colt) imp baa frozen up tho mountain tonrcea of Mill creek, and that atioiBi, vrlileli Ihreo woeV.ii ago wai a howling torrent, tt.rln0' elentruction on it. bosom, it now a purling Lrook, wlili not much moro than a inmroer supply of niter LuLHIngorcr IU gurell btd.