From 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.