Newspapers / The Standard (Concord, N.C.) / May 25, 1888, edition 1 / Page 4
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THE STANDARD. Friday, May 25, 1SS3. A MODEL CHARGE To au ver-Intell ijeit Jury.. The following elaborate and unique charge was delivered . by Judge R. E Rombauer, presiding Judge of the St. Louis Court of Ap peal in some divorce proceedings which were the subject of a recent mock trial before the High Court of the St. Louis Legion oi Honor a benevolent organization : Gtsjx.EMEX of. the Jury: Let me first thank you for having kept awake during the whole entire time of this protracted trial,. and. thus aaia re futed the slanderous charge of the lnaligners of our jury system, who maintain that during every impor tant trial one-half of the jury fall asleep. We have been requested, both by the plaintiffs and by the defendant's counsel,, to give you a large numbei of iKstmctions touching the law of V. ?s case, as prepared by them. We have given all the instructions- thus asked, but will not trouble you with reading them nor with taking them to the jury-room, where they might be lost or destroyed. We nave or-, dered the clerk to file tbeni away safely, so that in case of an appeal by either party they may be utilized in completing the record.. This,, as you are aware,. is the only legitimate province and practical use of in structions. The case before you, gentlemen, is one touching a very important cubject marriage. The two most essential elements in civilization re quisite to the existence and continu ity of the modern state are marriage and taxes, and as marriage is admit ted to be quite a. tax in itself, we may consider it as the most es sential. Now the action for, breach of promise of marriage is mainly dis tiuguishable from other actions in il.is, that it will not lie if the adver sary parties belong to the same sex. No well authenticated precedent can Le found. tending to show that this action has-been brought by one. man a gainst another.. Jtorhas any. case been called to by attention where t his action was brought Dy one wo man ngainst another. Still I do not wish to be understood, as asserting that this last contingency never oc curred, since it is impossible to say what a woman may or may not do when her blood is up. Fortunately, gentlemen, we are ret harassed with resolving that doubt in the present instance, since it is conceded, by the evidence that the plaintiff is a woman and the de- fendant is a man ;. in fact, no one who say.; and. heard. the plaintiff.tes- tify. could for a moment entertain any doubt as to her sex.. Thus we may assume at the threshold of our iiicuiiy that there is no defect of parties in this case. Another fact equally important, the testimony likewise concedes, namely, that the defendant is either innocent or else guilty-of the breach of promise with which he stands charged. Tlie importance of this fact cannot be overestimated, be cause if he could not possibly, be guilty under the evidence, or could not possibly be innocent that is, if the testimony were all one way this would greatly curtail, if not entirely abrograte, your, prerogative as ju rors to find a verdict in accord with your sympathies, or. other motives with equal weight and considera tion. Th toe two main points in the case tkus being settled, it only remains to charge you briefly on the points of law and your duties in the prem ises. VERY COMMON LAW. On all subjects, not covered by statutes we are supposed.to ,he gov erned by the common, law of Eng land; Breach of promise of. mar riage is one of those subjects. Our legislators, who could not conceive the possibility of any man refusing to marry a woman, particularly if f-he was young and pretty and will ing to marry him, have not provided by statute for such a case. This ac i ion, therefore, must be governed by the rules of the common law. lint what common law ? Now, gen, tlemen, it is generally supposed that there is only one common law, but we have been charged with the trial of causes for many years know, bet tor. Lommon law is nothing but immemorial usage or custpm, and i i i .. i ucit! me iwo mmis ot it, the com mon law of England and the con "'on law of juries. This duality in the common law has led to this ah- urd result, that while judges charg ed juiies according to the common hv of England, juries returned ver dict according to a common law of their own. I shall not fall into the same error with my- predecessors and thereby aid in perpetuating this irreconcilable conflict, but. will, at once proceed to charge you accord ing to what I understand be the common law of juries, as that is, after all, the only one of any practi cal importance in this class of cases. One of the principal features of this law i, that the character of the parties litigaut is a very important if not a controlling feature in de tf 1 mining the verdict. . Thus, if the h fondant is a railroad company or an insurance company, all admissible i'n sumptions must be drawn in fa vor of the plaintiff, and he is gen erally entitled to a verdict, regard less of the mere secondary matter of evidence.' This is the immemorial custom of juries, and therefore their common law. So it is a similar immemorial usage that if the plaintiff is a woman and the defendant is a man to find for the plaintiff. No departure from this rule is on record in any case where the plaintifi, &e ia the present in stance, was young, witty and viva cious. Someday that the founda tion of this custom is a gallantry of the sex. This proposition, however, I must deny. The true foundation,, gentlemen, is the regard men have for their mothers. One of the great charter rights which your ancestors, gentlemen wrung from a reluctant tyrant at Ruunymede,. at the poiat of the battle-axe,, is the right to have a mother. This right is,. so to speak, one of the palladia,, of our liberties, and is indirectly recognized in the Declaration of Independence in this wise: If we had no mother we could have no existenceand if we had no existence we could not be engagedjn the pursuit oft happiness ; yet to be thus engaged is as every schoolboy knows one of our in alienable rights, even though,, un fortunately for usthis- pursuit, like the pursuit of a train robber, rarely results in a capture. What I have stated, above may in itself be sufficient to guide you to the true verdict ;. still if yon also desire to pay some attention to the secondary matter of. testimony,, you should be guided by the. following rules: If you believe the plaintiff and her witnesses are entitled; to, no credit you will disbelieve them,, un less you further believe- that; the plaintiff should have a. verdict any how. If you find that t&e defend ant's witnesses have departed from the truth, you will reject tiieir tes-. timony, unless your sympathies are with the defendant. SO COMMENTS GO. Far be it from me to comment on the evidence.. That matter is ex- cluively for you,. gentlemen. Still I cannot help making- a passing re mark or. two on that subject. I think thepromise.with.allappurtenanoes, sufficiently proven. The testimony of the fair plaintiffthas unquestion ably strongly impressed you with the probability of its .truth. The life-like picture of the situation could not be mistaken ;,you all know that situation,, because,, to use an expressive phrase, you have unques tionably all been there at some time or another.. The promise being thus establish ed, the question is, was there any cause given justifying its breach. The main if not only, cause, we are told, is flirtation with another man. But is. this a cause?.- Is not the right to flirt one of. the inalienable rights of woman ? Is it not the pursuit of her happiness WTas the Declaration of Independence written for map alone ?. I. need, say no more.- I think these few, suggestions ana sufficient 1 3 determine your verdict as to which party should pervail ;;if not, you will have to determine it upon deliberation.. I; am, sorry to say that as to the method of delib eration the authorities treating on the custom of juries are not quite agreed. Drawing straws, r chuck-afar thing, and. toss-a-penny.- have all got their supporters,, but X. am of opinion that the best three out-of five in the national game -of euchre,, between the leaders of the opposing factions in the jury-room, is more in harmony with the genius of. our in stitutions and a proceeding- equally well supported by reason , and au thority.. Having first settled: the- right or wrong of the case and in one of the manners suggested . determined . to find either for plaintiff or for defend ant, the further inquiry as to the damages remains, ia case you . find for plaiatiff. . Tlae question of dam-. ages is one of the very graveet im? portance. It is the ordyone in which the plaintiff and her lawyer are equally and evenly interested, and therefore must be handled, by you with a great deal of .care. MEASURE OF DAMAGES If the plaintiff has a verdict she- is entitled by law of damages to all she has lost, and to all she has found, by the defendant's unwarranted con duct in breaking off the match. Now what has she lost ?. She- has lost the comfort. ot the defendant's society ; she has lost the comfort of turning. up. her nose at some other woman who has missed getting a husband. She has. probably also lost tr.e comfort of a uAalat; n aa rib and many other comforts too numer ous to mention. And .what has . she found ? She has found-wounded; af fections, she has found that her beat friend, who envied her with all her heart, no,v secretly rejoices . at her discomfiture ; she has fouad . mental anguish, . lacerated , feelings and a whole lot of other, disagreeable things. For all these things, gen tlemen, she is entitled to -fall com pensation. But here is the rub How is this compensation, to be measured?. Most of these - things have no market value except, per haps, the sealskin sack. Who ever heard of Famous or Crawford adver tising wounded affectionsaad lacera ted feelings, prime quality at so much a. yard? Neither are these ar ticles sold upon our Exchange either for cash, or future delivery. Not the most venturesome of our speculators ever got up a corner oa mental an guish, although mental anguish has been the result of many a corner. Here again, gentlemen, the great superiority of the common law of juries over the common law of Eng land for all practical purposes is manifest.. The simplest and most approved, method to reach a result is thisr. After you have agreed that the plaiatiff. k to have a verdict,, each of you take the w.ounded af -fections, comfort of society sealskin sack and. all other comforts and discomforts lost and found by the plaintiff and above enumerated,, and each of you makes a lumping esti mate, so much for the lot, and hav ing thus made the estimate, write it down on a piece of paper.. After every one of you has done this the estimates are footed up- and their aggregate divided "by the number of jurors.. Thus, I am proud to say,, has the practical mind of the American juror found a ready solution,, even ia the most complicated cases, of the- ad measurement of damages- Yom Never Raid So Before. An old Virginia minister said lately : "Men of my profession see much of the tragic side of life. I have see men die in battle, have seen children die, but no death ever seem ed, so pathetic to me as the death of an aged mother in my church. I knew her first as a young girl beautiful and gay, full of joy and hope. She married and had four children. Her husband died and left hei penniless. She sewed; she made drawings, she taught, she gave herself scarcely time to eat or sleep., Every thought was for her children; to educate thoni,. to give them the advantages their father- would, have given them had he lived; She suc ceeded. She sent her boys to col lego, and her girls to. school: When they all came home they gave themselves up to their own. selfish pursuits. She lingered among them some three vears, and then was stricken with mortall illness brought on by over work. The children gathered around, her bedside. The- oldest sou took her in his arms. He said: "You have been a good: mother to us.!' That was not very much to say, was it? It was- muoh to-her, who had never heard anything like it. A flush came sweeping over her pallid face, and with a husky voice she whispered, "My son, yon never said so before!" The Strwberry's Xnnie. Over four hundred years ago "Strawberries !'. was a cry of tne London streets ; an I the garden of the Bishop .of Ely at Hoi born was famous for its fine growth of the lu cious berry. Its name is an Arglo Saxon one,. supposed' to be. derived from its straw-like stem,, but quite as possibly it is derived from the circumstance of its- growing, amid what was called straw, or from the custom of stringing, and braiding the long-stemmed berries into a bunch of straws,, as some of the country folks do to-day. Besides our own numberless varieties of. the same wild berrycultivated out of all acquaintance with its parent stock, .there is an East Indian varie ty with showy yellow flowers, valu able-only for ornament, as . the fruit is worthless, and. a charming Chil ian SRecies with thick dark leaves, and a berryv sometimes of- a pale rose color and sometimes of a rich creamy tint, and often as large as , a hen s egg. A Horse's Memory. On the farm of Mr. W. C. Marrow, in the county of Warwick. Va., there lives an old "war horse," that seema yet to remember the days when the shot and shell flew thick and fast. The horse was the prop erty of. Major Marrow,, son of the above named., gentleman, who was an aid on General Lee's staff. The horse wasia a number of battles and was at the surrender at Appomat tox... Late in the year, of 18G5 he was carried to the above farm, he being at that time-twelve years of age. There he has , remained . up , to the present time.. Some few days ago a boy with a drum passed by the.house, and.some one asked him to beat the "long, roll.'.' The old horse was grazing.fifty, yards, away. As soon as the boy commenced to roll the drum the old charger raised his head,, and then, with ears and tail erect, and. nostrils distended,,; ho cantered proudly up to the drummer, signifying ;his appreciation by. re peated neighing, and remained until the boy .stopped. . Her. Strict Sense or Propriety. On the archery ground. Miss Prim "Did you hit the masculine bovine optic, Mr. Gubbins ?" "Beg. pardon ?"" "Small brother Prim to the res cue : "Aw, she wants to know if vou hit the bull's eye, Mr. Gub.. only she's too toney to talk plain English. Cheese your nonsense, Sue." Dans- ville Breeze. Muskets were invented and first used in England in 1121. She Knew Him. "You know the defendant in this case, do you?" asked a Kansas lawyer of a female native of the soil. "Know which,?" she asked. "The defendant, Bill Lynch," "Do I kaiow Bill Lyack?" "Yes," "You wan'tto know ifI know Bill Lynch well, if, that ain't a good one. Why, Mister the Lynch family an" "Can't you say yes or no?"' Why, Bill Lynch's mother an" my step dad's father was once first cousins, an" "-Then you know him ?" "Who, Bill Lynch ? Me know Bill Lynch? You're a stranger in these parts, ain't you ?" "That has nothing to do with the case. If you know Bill Lynch say so." "If I know him! Lemme tell you that Bill Lynch's birthday and. my brother Hiram's is on the same day, an" "You know him, of course, then." "Who Bill Lynch? Ask Bill if I know him ! Ax him if he was ever interdooced to Betsy. Shel ton." "I don't care to ask him anything. I simply want to ask you if Bill Lynch is known to you personally." "Pussonly ? Well, I don't know what you mean by 'pussonly,' but if you want to know if I know Bill an' if he knows me me,. I can tell: you in mighty few words. Bill Lynch's father an' my father" "Now,.. I want you to. say yes or no." "Thought you wanted me to say if I knew Bill" Lynch." "That's just what I do want." "Well, then,, Itmaie alone, an' 111 tell you all about it. Bill Lynch was bom in Injeeaimy an? I was born in the same county an" "And of course you know him ?" "Who Bill Lynch ? Do I know Bill Lynch,. when the very hoss he rid here on was one he traded my man a span of young steers for ? Why, man, Bill's wife was Ann Elizy. Shiff, an' her an' me is the same age to a day an" "That will do.. L see tha,t you know him." Know him! Know Bill? Why, man "That will do."' "Why, I. was married on a Chews day an' Bill was married the next day, an his oldest boy an my oldest girl is most the same age, an " "That will do." Jenny LItmTs Appearance. I was much interested, in an ac count that mv guest gave me of Jen ny Li lid's last appearance in public He was present on the occasion, which was a charity concert gotten up. by. Mme. Goldschmidt herself over twenty years ago. She had en gaged the best vocal talent then available Titiens, who was then in her superb prime, and' Giuglini, the wonderful tenor, . and Lablache, still in possession or his incomparable voice, and others of almost, equal note. All. sang their best and. sang superbly. And then there came up on, the-platform a plain, elderly lady with heavy Scandinavian features and a red nose, simply and rather oddly attired. 'And when she sang,' continued Mr. Vezin, 'all the rest vanished into nothingness. Even in her decadence Jenny Lind' was greater than any other singer in the world. Moreover, when she began to sin her plain face lighted and up and she became beautiful with a beauty born of inspiration." Paris Letter. . Uncontrollable .Forces.. Every now and then we get a re minder of the existence-of uncon tiollable elements before which man is helpless, and against which no in vention can ever secure safety. We hae disastrous tempe3ts on the high seas. . We have destructive blizzards like those in Dakota. We have occasional warnings of danger from, the slumbering earth quake. . We have- extraordinary snow storms which stop the wheels of traf fic and interrupt our industries. , Y e have the lightning that threat-., ens. . - .. , ' We have the times of baleful weather, and solar fires that are al most consuming. We are asJbeipless in the presence of these elemental forces as were the men who lived when firskihe human race took up its parable. And the men who live in the last days of the earth will bo inst. nsliln. - less. But this fact need not prevent us from eujoyirg the halcyon years with their varying seasons, during tne whole course of which mankind have felt. reasonably secuie against the menacing . agencies which they cannot control. New York Sun. The world takes one ton of pills every week. DIEDMONT AIRhLINE EOUTE RICHMOND ANDANVILE RAILROAD. Condensed schedule in effect Sep temer 4th, 1887. Trains run by 75 Meridian lime. T .Daily. SOUTHBOUND. NoJa Daily. No. 52 . - Leave New York Philadelphia Baltimore Washington Charlottesville Lynchburg Richmond Burkeville KeysvJlle Drakes Branch Danville Green sboro Ooldsboro Raleigh Durham Arrve Chapel Hill. Hillsboro Salem High Point Salisbury Statesville Asheville Hot Springs Leave Concord Charlotte Spartanburg Greenville Arrive Atlanta 12 15 am 7 20 am 9 45 am 11 24 am 3 32 pm 5 50 pra 3 1U pm 5 17 pm 5 57 pm 6 12 pm 8 50 pm 10 44 pm 3 30 pm 5 50 p in 6 5a pm fS 15 pm 7 27 pm 7 iO pm 11 10 pm 12 37 am 4 30 pm 6 57 pm 9 42 pm 1100 pm .3 CO am 5 20 am 2 30 am 4 23 am 5 05 am 5 21 am 8 05 am 9 48 am t-8 10 pm fl 00 am 2 37 am 3 32 am 6 30 am 10 16 am 12 23 am 12 31 pm 5' 38 pm 7 35 pm 12 01 pm 100 Dm 1 20. am 2, 25 am 5 23 am G 43 am 3 34 pm 4 48 pm 1 20 pm 10 40 pm Daily. No. 51. Daily. No. 53. NORTHBOUND. Leave Atlanta.- Arrive Greenville Spartanburg Charlotte Concord Point Greensboro Salem Hillsboro Durham Chapel Hill Raleigh Goldsboro Danville Drake's- Branch Keysville Burkeville Richmond Lyncftburg Charlottesville Washington New York 7.00 pm. . 8 40 am 101 am 2 13 am. 5 05 am 6 00 am 6 44 am- 7 57 am 8 28 am 11 40 am 12 06 pm 12 45 pm t8 15 pm 2 10 pm 4 35 pm 1010 am 12 44 pm 1 00 pm 1. 40 pm 3 45 pm 1 15 pm 3 40 pm 8 23 pm 11 25 am 3 00 am 6 20 am 2 34 pm 6 4(j pm 6 25 pm 7 25 rm 8 02 pm y li pm 9 40 om fl2 34 am t2 44 am j4 05 am t6 35 am til 45 am 11 29 pm 2 44 am 3 03 am 3 55 am 6 15 am 2 00 am 4 10 am 810 am 10 03 am 12 35 pm, 3 20 pm 'Daily.. fDaily, except Sunday. SLEEPING CKR SERVICE. . On trains 50 and 51 Pullman Buffet sleeper between- Atlanta and New York. On trains 52 and 53 Pullman Buffet Sleeper between Washington and Montgomery ; . Washington and Au gusta.. Pullman sleeper between R'chmond and Greensboro. Pull man sleeper between Greensboro, and Ralaigh. Pullman parlor car between Salisbury and Knoxville. Through tickets on sale at pricipal stations to all points. For rates and information apply to any agent of the company, or to Sol Hass, J. S. Potts, Traffic Man'r. Div. Pass. Ag't, W. A Turk,. Richmond, Va. Div. Pass. Ag't,. Oas. L. Taylor, Raleigh, N. C. Gen. Pass. Ag't. NEW MII1ERY STORE I. would inform the ladies of Con cord and surrounding country that I have opened a new Millinery Store At ALLISON'S CORNER, where they will find a woll selected stock of Hats and Bomiots Ribbons, Co larsr Corsetsy Bustles, Ruching, Veiling. &c, whickwill be soldcheapforCASU.. Give me a call. Respect faliy, 3m MBSU'MOLLIE ELLIOT. ITOETHATCOUGH. For to dflay is dangerous Mooses's Cough Sy rap is the best, for coughs, colds, honrseness, Bronchitis, croup, whooping cough and diseases of the throat and lungs, as many attest who have used it. lor sale at Fetzers drugstore. fcstaMLrtied FAY'S; I860. Takes the lead; does not yTTroSit tin vr iron, nor ocay EkeshinRles or tar fVsinrms; iisy to anply; wrong and durable; at half v1k coet a. Ialso a SIITSTITUTK for PLASTKR nt Half the double the wenr of Ofl Cloths. Catalog and samples kHIE, W. H. F A V Ji CO.. CAJUMSX. it. Y0RKE & Had ware Headquarters SEE are liiLinnn.i'o, nrnrui f.iECIIilllCS i Farmers and Everybody Else Can be suited in Hardware at YORKE & WADSWORTITS at bottonv prices for the CASH. Our stock is full and complete. A splendid line of Cook Stove? and cooking utensils in stock. Turning Plows, PloT Stock,. Harrows, Belting, Feed Cutters, Cornshellers, Tinware, Guns, Pistols, Knives, Powder, Shot and Lead, Doors, Sash and Blinds, Shingles, Glass, Oils, White Lead, Paints and Patty a. specialty ;, Wire-Screens, ; Oil Cloths wrought, cut and; Horse Shoe Nails, and in fact everything usually kept in a hardware stores Wc will sell all these goods as cheap, quality considered, as any house in- Uortb Carolina. Our warehouse is filled with Carriages, Buggies, Wagons, Efeapers,.Mbw ers, Hay Rakes, of the best make Ou the market, which must and will be sold at the lowest figures. Be sure to come to see us, whether you buy or not. YORKE & WADS WORTH. P. & We have always on hand- Lister's and Waldo Guano and Wando Acid at prices to suit. & W. UNDERBUY! U Reduction in Frices of Flour to Eeluce m T - Tvnvr - Fi - Nr WE T Car Load of Pilgrim, T 1 it. it. 25 Barrels Our flour is all bought dhect from the Largest and Best Mills for CASHt And we can sell you flour for less money, than you can buy elsewhere. We- havea larg3 stock of G- eO'Oe;e.ie.s! 3. And you will always find our prices as low aa the lowest. : PATTERSON'S CHEAP CASH STORE MOOSE'S Blood: Renovator, This valuable Kemedy. is adaptad : to the tollowing diseases arising' from an impure blood. Eruptive-and Cutan eous diseases, St. Anthony Fire, Pim ples, Tetter, Ringworm, Rhumatism, Syphilitic, Mercurial, and all diseases of like character. . It is an Alterative or Restorative of Tone and Strength to the system, if affords gr'-at protectioa from attacks that originate in changes of climate and season. For sale- at Fetzer's Drug Store : . ADMINISTRATOR'S NOTICE. Having qualified as administrator de bonis non of the estate of J.. B. Baker, .deceased, all persons indebt ed to said estate are hereby notified to make prompt payment; and all persons having claims against said estate must present them on or be fore the 19th day of May- 1889, or this. notice will be pleaded in bar of tVeir recovery. This 18th of May '88. E. G. IRVIN, Adua'r, ; By TV. G. Means, Att'v. 19 6v WADSW0RTH. HEBE, I MS fillRS UNDERSELL! - Fn STOCK I OFFER - " Light Loaf, " Choice Family " Bob White. THE KAFFIR CORN! This crop, was cultivated very large ly in some sections of the South the past year with great success. It should -be sown or planted early in spring, when required lor forage, sott either broadcast or thickly in rows about three ieet apart, or if desired for the grain, plant a few seed every foot in the row and thin but to three or four stalks, according to the quality of the soil. When the grain turns- white, clip the heads, and other heads wi'l come ; this ensures the largest yield of grain. It gives the - best results by cutting the first growth for forage when in early bloom, and letting the -second growth yield both grain and forage late in fall. If forage only is desired, the seed may be drilled light ly in the furrow It withstands drought and is particularly adapted to the thin land of the I'ottou Belt section. The grain when grenncr makes excel lent food for stock, and equal to flour tr bread. Price Dr lb 25 cts: Dies. 81.00 For sale at FETZEu'S DRUG STORE. Ki!llLUni Electric. Corsets. Sample free to tuobe becoming agent. WiriKk. nnlck raIpb. Torritnrv crivoa amMmaS-jr aausiacuon jruarameeo. Aanresi -OR. SCOTT. 842 Broadway, NEW YORJU-
The Standard (Concord, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 25, 1888, edition 1
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