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or old Anglo-Saxon. However, most of Japhet's sons became heads of what were later Sclavonic tribes. The language of the Armenians has probably undergone many modifications in the last 400 years, during the greater part of which time the Moslem rulers of their land have kept them isolated, so that now every city has a dialect. They were hardly permitted to travel without special passes, or to congregate for religious purposes. The Turks forbade them wearing any head-dress other than a plain ribbon. At one time they could only go barefoot. Later they were allowed sandals; but these were not tolerated in gaudy colors-red or yellow-in which the Moslem delights. The Armenians might have dull, black shoes, because they were Christians. The Turks did, as some yet do, hold it a sin to kill a dog-as a greater sin than to slay a Christian.

The Armenian, thus oppressed, is meek, very fraternal and full of sympathy for anything called Christian. The poverty is great among the Armenians. Despite this, no fellow Armenian, even if of another denomination, is allowed to suffer Turkish injustice if they can free him by collecting even a large sum from among their scanty mites or farthings.

The brotherly love and national dignity is so strong that Armenian schools are organized throughout Turkey, and the teachers and principals sometimes receive no pay, working as volunteers. Others receive nominal sums. Strange to relate, I was requested on the score of philanthropy to teach a class of French and one of English in the Armenian high school, as a matter of love for the Armenian brotherhood. For this I should expect no salary, but they would give me "honoraries" to the tune of twelve cents per day! I declined.

The Armenians have thirty-eight characters, nine of which are vowels or half vowels. This alphabet was supposed to have been given from heaven four centuries after Christ. The pious monk who introduced it had consulted the learned persons in Phoenicia about the matter, and many of its letters bear traces of a Phoenician origin. A number of them are much alike. For instance "U" equals our "S," "n" equals our "V" "U" equals "A," and "U," equals "M," and "n" equals

hypocrites. They are also impro- menians, or Gregorians, become vident, few of them even caring for "lookers on," and remain "uncontomorrow's wants. Their stability verted," saying: "Settle your own is small. They might be accused of controversies first among yourselves moral cowardice. As a nation they and then come and preach to us." have always been "go-betweens," or The idea of the disciples coming they have perched on the fence. to evangelize and regenerate the Thus they never reach any promin- evangelized and regenerated throws ence neither in war, arts, science, too much discredit upon us. literature, commerce or navigation, The Armenians, with three or four while all their neighbors were exceptions out of as many hundreds, famous for some or all of these are not opposed to Mormonism, nor things. In this manner they were in favor of it, being lukewarm. often the battlefield of various con- They sometimes ask "How much tending nations, because of the will you pay me if I am baptized?” Armenians' strategical position; but The two men arrested at Sivas, they themselves had barely an ene- called Mormons by the Levant Hermy until came the Turk, who is im-ald and others were not such, but placable against any but the Cres- Campbellites. More anon. cent.

C. U. L.

ASIA MINOR, May 22, 1889.

LETTER FROM "JUNIUS."

In religion they will accept anything and assimilate with any one they are in contact with. They are even willing to affiliate with the "Mormons"-only let them maintain their former creed. The transition from Salt Lake The reader may consider this City to Chicago is like a step strange or unique. It is not. Just from heaven to purgatory. The so did their neighbors and perhaps balmy air and bright sunshine of ancestors formerly. (See 2. the former is certainly a foretaste of Kings xvii: 41. "So these nations celestialism, while the cold, raw, feared the Lord and served their graven images, both their children and children's children, and so they do unto this day." So do the Armenians, it seems to me. When we explain a principle of the Gospel they smile, and even laugh. "Why, how simple and easy to understand," they say. That is just what everybody else ought to believe. With them it seems to be thus: Hearing they hear in very deed, but do not understand. They have faith but no depth of soul. Very few weeds, if any, choke them, but they have no moisture. How few have been called outside of Israel! Are the Armenians of the household of faith? I do not know, but I do not believe it, though a very light sprinkling may be called.

To give an idea of their childish simplicity, I will here quote a few words from the pen of a prominent Armenian professor and preacher who, being invited to talk at our meetings, tried to preach away "Mormonism." The article appears in the Cincinnati, Ohio, Christian Standard of April 6th, 1889. The writer is Hohanes Krikorian (in English, John Gregorian.) He treats the subject at some length, but I will only make an abstract. His constituents were once GregoriThus the Arabic numeral an Armenians, but. seeing their 2 is used with five or six variations. error, they were "evangelized" 3 and 8 also appear as letters. Our and now form the "Cilicia Union of American dollar sign ($) equals Evangelical Armenians." "F," and "S" corresponds to our "D"-derived probably from "S,"

"R."

the Greek delta.

murky air of Chicago is a good presage of the theological penitentiary of certain orthodox religions. 'The soft and fragrant perfumes of flowers and foliage so prevalent in Salt Lake but ill contrast with the foul odors and noisome scents of the Chicago river. This latter is at present in a dreadful condition. One has to hold his nose while passing any of the bridges. A local journalist makes good use of the flexible Anglo-Saxon tongue in describing the river. He says that it breathes "an odor compounded of putridity, rancidity, a flavor of polecat, a trace of assafoetida; a suggestion of ordure, of sinks and latrines, of compost, cesspools, hog-styes, sewers, etc.; which is fly-blown and vermin-haunted like the patients at the asylum; which has the elements of the rotten, the tainted, the excrementitions, rising into the circumambient air from the river, and nauseates the stomachs of Chicago citizens, that is some of themthose new to the perfumes of the Garden City. Latterly something has gone wrong with the Bridgeport pumping work, or there is an unusually larger quantity of sewage, and that is why old residents are reminded of old times, when there was no purification process."

However, I got safely back to this city of sensationalism; and though I found the people wearing overcoats and fur-caps, and all the general charaeteristics of midwinter were prevailing, I could not help turning back to sunny Salt Lake.

His protest is this: That as they are substantially Evangelical, though in "secondary_points" they Physically the Armenians are may be mistaken. The board of The Cronin murder case is the rather tall, slender and light com- Campbellite missions should abstain talk on all sides. It is strange that plexioned, often as fair as Ameri- from sending missionaries among this murder should occasion so cans. They have a nice face, prom- the "already Christian Armenians," much horror in a community which inent but not ugly noses, large and, more than all, forbid their dis- lightly passed over the murder of mouths and jaws, small heads (the ciples from telling the simple Ar- Clayton in Arkansas, of Haddock cerebellum or back of head quite menians that the Christian evan- in Iowa, of Dawson. of Littleton, small and flat), good eyesight and gelists in America fall into denun- Emma Mitchell, Treller, Maggie of clean habits. Unless I misunder-ciatory controversies and anatbe- McGaughan, the Italian trunk stand oriental customs, they are not matize each other. "Because," says murders and several others. In very immoral. Meutally they are he, "it divides the churches in Ar- fact, it appears as if the resharp, though not wise-net even menia so that they are no longer moval of Garfield and Lincoln smart; but suspicious, hard to beat self-supporting." There is the rub. was but the demolition of men of in a bargain, great dissemblers and The other unevangelized" Ar- clay compared with that of Cronin.

Joseph Smith was murdered in this State, and no wail of horror is raised either by preacher or editor. "Mormon" missionaries have been murdered in several of our States, and not a word of protest was raised; but Dr. Cronin, the friend of Cardinal Gibbons and of Archbishop Feehan is removed, and all the preachers and mountebanks in the country are up in arms against Irish societies. It is rather premature to enter into anything like an analysis of this case at present, pending the police investigation and judicial inquisition. The press and pulpit are a little intemperate in the matter, and perhaps a little hasty in anticipating the verdict. When the murderers are found, and when the causes for Cronin's removal have been firmly established, then is the time for comment. Anyhow, the "Pats" are in hard luck at present. Patrick Egan, Patrick Ford and Patrick Linrihan are getting some hard knocks. But even an Irishman is entitled to a fair trial, and should not be prejudged. most one can do at present is to give The some echoes of the press and pulpit in the matter.

an

gogues for votes delivered,
scandalous appointment of Patrick Britisb-Irish or German-American
this There is no room for either a
Egan has been gazetted; and to association in this country, and still
fortify a name so closely beleaguered less for the Clan-na-Gael or the
with the suspicion of murder itself, "Know-Nothing."
whipped into line to cast reproach
American governor is now
on the procedure of justice in the
State of Illinois. How do the citi-
zens of Illinois rélish the guberna-
torial reflections which a faithful
defense of Patrick Egan and Jim
Blaine now seems to require?"
Cronin case as follows:
The Daily News speaks of the

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nin murder in St. Paul's Episcopal Church last Sunday. He said that Bishop Fallous spoke on the Croit produced a crisis which horrified even Chicagoans, evoked the execrations of mankind, and that the organization which is responsible say who shall be elective and apfor Cronin's death has presumed to in general: city. He further said of Irishmen pointive officers of our State and

and the

of hyphenated American citizen"A fresh illustration of the vice ship is afforded by the protest of the British directed at the President and Secre- They have filled full the cup of inAmerican "To the crime of treason they Association, have added the stain of treachery. tary of State for the appointment of famy. We do not, we cannot, exPatrick Egan to the post of United aggerate the danger that menaces. States minister to Chili. Not that These societies, having for their the appointment does not call for aim any treasonable end, must be protest and denunciation; it was, stamped out; they must be broken on the contrary, one wholly unfit to like a potter's vessel be made. But it should be protest-quicker the better." The reverend ed against and denounced by Amer- gentleman was repeatedly cheered American citizenship, pure and ican citizens from the standpoint of during his discourse. simple. The British - American' preached on The Rev. Robert McIntyre The worst of the case is that it is te national affairs of this country His utterances occasioned such boisstandpoint from which to criticise zens" at Grace Episcopal Church. "Foreign-born Citicreeping into American politics. All is as foreign and out of place as is terous out busts of applause in his the actors in the tragdey are Blaine- the Irish-American' or 'German- congregation that he had to request Harrison republicans; even Cronin American.’ was one, and shortly before his death made a pilgrimage to On the other hand, Gov. Thayer, ness of the building in which they his hearers to remember the sacreddent Presi- of Nebraska, rushes to the defense were assembled. His discourse touchHarrison counselling him of his fellow-townsman with an ed on the Cronin case. Certainly the what policy to assume in national eagerness and affairs. The British American Asso- language and purpose which betray without turning a house of religious intemperance ciation has issued a protest against his consuming anxiety to capture worship into a variety show or a Cronin business is nasty enough, the appointment of Pat Egan as the Irish vote of his State. And, dime museum. Minister to Chili. Governor Thay- not content with defending Egan, denounced er, of Nebraska, replied to this pro- he goes out of his way to throw his hyphenated organizations of AmeriThe rev. gentleman test in language vigorous if not in- influence, such as it is, against the can secret societies and temperate. Thayer must be credi- prosecution in the Cronin murder Irish-American, Scottish-Americanted with pluck and courage anyhow case. citizens, such as the to speak as he did at present. "Chicago's coroner and a German-American, French-Ameriweeks in trying to fasten the murder He thinks it will soon coroner's jury," he says, "spent can, British-American and such. of Dr. Cronin upon Alexander Sul- Oskosk-American and Kalamazoolivan, rather than in trying to as- American, and that the hyphen will come to be certain who is guilty of the awful be as necessary to American citizencrime.” or an English surname. ship as it is to a St. Louis newspaper

The Chicago Herald characterizes Governor Thayer's reply to the British-American Association concerning Patrick Egan as the most startling episode in the Cronin affair. The governor said that Chicago's coroner spent weeks trying to fasten the murder of Cronin on Alexander Sullivan, rather than in endeavoring to find out who killed Cronin. The Herald charges Thayer with being an apologist if not an ally of the Clan-na-Gael society.

It says:

conspiracy.

of

this has to do with Mr. Egan and the
It is a little difficult to see what
'British-American' association. Gov.
Thayer's statement is wholly false,
and could have been made only with
the intent to cater to the Irish-
American influence
against the 'British-American.'
arrayed

as

And we

the Rev. Mr. Brushingham, nee Brosnahan, and the Rev. Mr. Brobst Two other Protestant clergymen

also "distinguished" themselves by attacking the Irish in general terms from their pulpits on last Sun"This truckling governor, who from conviction and principle-and tive of a long-tailed ancestor, and American citizens who are such changed his name for one suggesday. The Rev. Brushingham, who thus hurls reproach on popular insti- whether born in this country or in who figured in the criminal court tutions, is a pander of high - tariff the Canada or across the water-are not long ago in a very salacious the aid of the Irish vote in Ne- tion of foreign issues and interests modesty than to shove himself into With tired of this impertinent importa- seduction case, ought to have more braska, the farmers are held fast to into American politics. the tax of $17 on steel rails. With are more than tired of these secret, ingham ought to carefully brush the aid of Patrick Egan, Thayer is oath-bound political organizations the lingering blue flies of renegapublic notice at present. Mr. Brushgovernor. With the aid of Thayer whether plain and Blaine, Patrick Egan is sent to There is nothing in this country to some country hyphenated. country in which he may be safe a free republic with a free ballot as minister-some justify or excuse their existence. In from extradition to England, where upon which rests a government of he is held to be a criminal. The the people, for the people, by the minister to Chili answers the pur-people-the political purpose which pose and offers the salary, which is cannot bear the full light of day, what Patrick Egan must have."

The Herald further says:

"To fasten a spurious statesmanship on this nation, the agents of the war-tariff have not hesitated to league themselves with an unpatri otic organization. To repay dema

or

but needs secrecy and oaths for its
growth and endurance, stands self-
Assassination is a natural agency of
confessed as vicious and dangerous.
such an organization; but far short
of bodily killing it stabs reputations,
tempts to embezzlements, and leads
to unnumbered cowardly actions.

before venturing to sit in judgment dery and recent scandal off his name as much clemency in this commuon his fellow-beings. He needs about nity as any of those whom he may accuse, either specially or generally.

may be dismissed with the recomAs for the Rev. Mr. Brobst, he mendation that he study more carefully the teachings of Christ, and upon the Irish-American communthe principles of logic. His attack ity reveals nothing of which a preacher of the word of God ought to be proud. All these reverend gentlemen would have done much

nesses common to mankind.”

Certainly it looks as if the whole Irish race were on trial for the murder of Dr. Cronin, though it is not really yet known how he came by his death. Some say that he and Coughlin were rivals for the same young woman. The Carlson cottage in Lake View is now an object of intense interest. This is the place to which Dr. Cronin was decoyed, and within which he is supposed to have been murdered. The owners of the cottage were so besieged by curiosity seekers and relic hunters that they resolved to profit financially by the morbid tastes of Chicago citizens. They levied a toll of ten cents per head on all visitors.

One member of the family sits at the door and collects an admission fee of ten cents. Sunday of last week they took in $47. As soon as Mayor Boldenweck and the other little fellows who run the village heard of these receipts, they ruled the Carlson cottage to be a place of public entertainment, and made the family pay the license of $25.

a spy. There does not seem to be
much reason to doubt that Cronin
was removed because his enemies
had given it out that he was a Brit-
ish spy.

"The Clan-na-Gael will bear trial as well as the men who killed Cronin.

"The grand jury has discovered as yet no actual proof of connection in the crime between Coughlin and the men who are supposed to be the prime instigators, but they are close to it.

better if they had denounced the camps was enough to make his life murder, called for the punishment of not worth a rush. Then came the the murderers, and avoided insultLe Caron story. Le Caron testified ing and villifying the Irish race, that he had been intimate with Dr. and by implication at least the Cronin. Another proof of Cronin's Catholic religion. They had better, "The grand jury has done ex- duplicity. When the exposure of in the first placesee that their own haustive work in discovering, if Pigott was brought about by the Sulskirts are entirely, free, socilly and possible, a motive for Cronin's mur livan-Egan-Dorney tactics Cronin personally, from the sins and weak-der, and the only one they can find only renewed his charges. Was this which seems adequate is the hos- not final proof of his being a traitor tility of the 'triangle' to the man-his trying to destroy the men who who waged so persistent a war on had saved Parnell, exposed the them, and charged them with being Times conspiracy of forgery and thieves and traitors to the cause. It perjury, and trying to prove to the is not so sure that Dennis C. Freely world' that Sullivan, Parnell's was as deeply implicated in the American lieutenant, was a dynacharges made by Cronin as were miter? Just what the Times wanted Sullivan and Boland. The money should be done. The case, to the inintrusted to them disappeared-just flamed mind of a rabid Clan-nahow it was used the grand jury Gael man, was complete Cronin has not been able to learn. Cronin was a spy. It was quietly whispered objected to the triumvirate, and they that he must be removed. Coughhated him. It was the easiest thing lin was the man who was to enin the world to let it be known gineer the scheme. He employed among the rank and file, or among others. Several-at least five difa selected coterie, that Cronin was a ferent men-were in the plot, an spy and in the pay of the British Cronin was executed. government, and there would be a competition and rivalry among them for the imagined honor of taking his life. There was ground for the suspicion, too-at least good enough for the fanatical members of the camp. He was, in the first place, attacking bitterly Alexander Sullivan, a mian in whom ninetenths of the Irish people placed im- "The men to whom positive proof plicit confidence, to whom the points as guilty are Coughlin and great leaders both abroad and Burke. O'Sullivan is guilty proat home Parnell, Davitt, Egan, bably in that he knew, after the Fitzgerald-looked for advice and commission of the crime, why he counsel, and who was detested, it had done certain things under inwas thought, by the British govern-structions. ment. It was almost treason to attack such a man. What Parnell was in Ireland Sullivan was in America. Cronin did further suspicious things. He demanded that vouchers and receipts be produced for money which was known or was alleged to have been spent in the prosecution of the dynamite warfare of the clan against England. This was contrary to the spirit of the association and an unusual thing to do. It had been the custom to destroy all documents and proof or evidence of the men connected, directly or indirectly, with the murders and outrages in England. Such documents would necessarily reveal the names of the dynamite conspirators and would be of incalculable value to the British government. With such papers in its hands it could demand the extradition of every man connected with the Clan-na-Gael, take them to England for trial, and hang them. Therefore these dangerous archives were always destroyed.

Notwithstanding the indignation and horror manifested by press and pulpit over the tragedy, the municipal authorities do not feel any compunction about profiting by murder. The American citizen of today is certainly both an ethological and ethnological problem. From him the Carlson cottage has to be guarded. Here is wh ta local paper says:

"A piece of floor upon which the foot-printed paint is smeared has been cut out and is in the archives of the State attorney's office. There is plenty of blood yet to satisfy the anxious. Crowds still continue to visit the scene and yesterday hundreds of people went through the house. Relic hunters have to be guarded against, as they would take the whole house away in chips and splinters.

The Chicago Mail has an article on Cronin, which certainly shows a deep knowledge of Irish affairs. In the present chaotic condition of the case it is the best speculative analysis that has yet been published.

Here it is:

to the British police? If not, why
was he so persistent in exposing
these men to danger by trying to
compel them to go on record as hav-
ing used money in 'active work?'

"Our view of the case, from all the developments so far made by the work of the police, is that the "Why did Cronin want these assassination was the result of a plot vouchers? Why did he demand to planned, conceived, and executed know who spent the funds, and within the ranks of the Clan-na- how? Was it to sell the information Gael and in accordance with its teachings. It was done, too, we think and we have reason to believe our opinion is correct-for the purpose of advancing the interests of the Order. It has been proved beyond the shadow of a doubt that the average Clan-na-Gael man has very little, if any, compunction about killing an enemy of Ireland, and the vilest, most contemptible, most hateful of all such enemies is

These were questions which conveyed by the mere asking a feartul accusation against Dr. Cronin. He wanted the information that he might sell it to his employes of Scotland yard.

"That fact whispered among the

"The men to be found yet are the men who drove the white horse and he who rented the Clark street flat.

"Dan Coughlin is the man who had charge of the plot, planned the details, hired and paid the conspirators, and saw that they earned their money." JUNIUS.

CHICAGO, June 24th, 1889.

THE MAUGHAN DECISION

On June 29 the Territor

ial Supreme Court rendered a decision refusing the petition of Wm. H. Maughan for release from illegal imprisonment. The opinion, given by Judge Anderson, is as follows:

The petitioner alleges that he is a prisoner in the custody of Frank H. Dyer, United States marshal for the Territory of Utah in the penitentiary of said Territory for a criminal offense against the laws of the United States to wit: adultery. That such confinement is by virtue of a judgment warrant and the proceeding of record, including three indictments against him, his arraignment thereon and pleas thereto, respectively, and convictions thereon upon his pleas of guilty thereto. A copy of the record is in each case attached to the petition. He alleges that under the judgment in two of the cases he has been imprisoned in the penitentiary for more than six months and has paid fines and costs adjudged against him therein. That he is now imprisoned under the other one of the judgments rendered against him, and that such imprisonment is illegal for the reason that the court

and

THE DESERET WEEKLY.

had no jurisdiction to pass judgment against him in said case; that the two judgments which he has satisfied by suffering the imprisonment and paying the fines and costs adjudged against him therein were both for the crime of lawful cohabitation, unthat he is now imprisoned under the judgment of the court rendered against him on the indictment for adultery; that the offense is the same for which he has suffered punishment under the other indictments, and that the Rachel Woodward mentioned in the indictment for adultery, and in one of the indictments for unlawful cohabitation is that petitioner was regularly indictFrom the foregoing it will be seen one and the same person, and that ed, convicted and sentenced for the he is being punished twice for the crime of adultery, upon his plea of same offense; that the court had no guilty made in open court. jurisdiction to render judgment is no illegality appearing anywhere against him on his plea of guilty to in There the indictment for adultery, and It the record of the that the same is void, and he prays of does to be discharged from imprisonment thereunder. A writ of habeas corpus was therefore issued in the case, and the petitioner produced in court by the United States marshal.

guilty

at

the 23rd day of November, 1888, for raise a presumption of identity of the crime of adultery alleged to have persons and was therefore proper been committed on the 1st day of evidence to go to the jury." Butin October, 1887, Woodward. That said indictment identity of person from identity of with one Rachel this case, even the presumption of was designated as No. 1891 and was name does not appear from the infound on the testimony of Joseph dictment, nor any part of the record Howell. That on said November in the adultery case, but only ap23, petitioner was arraigned and pears in the record of another case, pleaded guilty to the indictment, and hence cannot be considered in and on the 3d day of January, 1889, determining the question now preswas sentenced by the court to be im- ented. In none of the cases cited prisoned in the penitentiary two by council for petitioner, nor in any years and six months and pay the we have been able to find, has it costs of prosecution, amounting to been held that on habeas corpus facts $29. ered. It was the duty of petitioner, record of the case could be considnot appearing in some part of the if he relied for defense upon the fact of a former conviction, to have pleadpleading it for the first time on ed it in the District Cour, instead of habeas case. corpus in this court. In the not appear in which case of ex parte Barton decided at of guilty was first entered nor in volved. In that case, Barton was the three cases the plea this term the same principle was incered. It does not appear that the with one Mary Beesley, and also for 7hich case judgment was first ren- indicted for unlawful cohabitation Rachel Woodward with whom pe- adultery committed From the exhibits attached to the 1st day of October, 1887, was the the indictment. Both indictments titioner committed adultery on the Beesley during the time covered by with Mary petition it appears that on the 9th same Rachel Woodward with whom were found by the same grand jury, day of January, 1886, petitioner was he unlawfully cohabited rom the upon the same evidence, and both indicted in the district court of the 15th day of January, 1886, to No- indictments first judicial district for the crime vember 23rd, 1888. If such was the the same of unlawful cohabitation, alleged to fact and it had been properly pleaded were presented have been committed between Au- and proved on the trial, it would on the same day. The court sustime. Barton pleaded to both gust 1, 1884, and December 10, 1885, have constituted a good defense to pended sentence in the case of unindictments by living and cohabiting during the indictment for adultery; but lawful cohabitation and sentenced said period of time, with Barbara this court cannot, on habeas corpus, him to imprisonment on the charge Maughan, Elizabeth Hull, Eardner hear evidence nor determine the of adultery, and he presented his Maughan, Maggie Nibley, Mary questions from anything outside of petition to this court, asking to be Hale Maughan, Rachel Woodward this case. Maughan and Frances Nibley sists that the records attached to his imprisonment, because the district Counsel for petitioner in-discharged on habeas corpus from Maughan, as his wives. This indict-petition show that the adultery was court had no jurisdiction to sentence ment is designated as No. 781. The committed with one of the same him in the adultery case, after his indictment was found upon the women, to-wit: Richel Woodward, conviction on the plea of guilty to testimony of C. L. Lowe and the charge of unlawful cohabitation. Thomas Grant. November 9, 1888, In denying him the relief prayed petitioner was arraigned and pleadfor, Henderson, J. speaking for the ed not guilty. November 23, 1888, court used the following language: petitioner changed his plea of not "When a person is charged with a guilty to that of guilty. January 3, 1889, petitioner was sentenced by the court to pay a fine of $100 and than to lay down the doctrine that or These authorities go no further tion crime before a court having jurisdic$34 costs, and be imprisoned in the identity of name raises a presump-munity by determine his innocence, and he claims imguilt penitentiary six months, the im- tion, more or less strong, according conviction or acquittal, the burden prisonment to commence reason of a former from said date. to run to circumstances, of identity. Whar- is upon him to plead it in answer to It also appears that on the 23rd by itself, when the name is common, evidence. And if he does not do so ton says: "Identity of name is not the charge and establish it by his day of November, 1888, the peti- and when it is borne by several it is waived. Bishop's Criminal tioner was indicted in said district persons, in the same circle of so- Procedure Sec. court for the crime of unlawful co-ciety, sufficient to sustain a conclu- Criminal Law Sec. 538 et seq. ex habitation with Barbara Maughan, sion of identity of person. The in- parte Kaufman 72 Mo. 588, ex parte 806, Wharton's Elizabeth Maughan, if circumstances indicating the im- Webb 74 Mo. 333, the question of a Margaret ference, however, rises in strength, Bogart, 2. Sawyer 396, State vs. probability of there being two per- former conviction was a matter of sons of the same name at the same defense, and was a question for deplace, at the same time, and when termination of the court having there is no proof that there is any jurisdiction to try the charge. It Names, therefore, with other cir- tity of the offenses charged, the exother person bearing the name. involves an issue of fact, the idencumstances, are facts from which istence and priority of the record can be presumed." relied upon, and on habeas corpus the case of the States this cannot try such an issue." sive of the case, and we see no reaKelsoe, supra, the de- The rule here laid down is decison to change or modify it. Whatpetitioner's case it is a proper subject ever merit there may be in the for executive consideration, but this court can afford him no relief.

with whom he had unlawfully co-
habited, because of the identity of
the name in the indictment num-
bered 1890 and 1891, and cites Whar-
ton's criminal evidence, Sec. 802
and State vs. Kelsoe, 76 Mo. 505.

Maughan, Mary Maughan, Rachel Woodward and Uphira Maughu, by living and cohabiting with said women as his wives from the 15th day of January, 1886, to the 23rd day of November, 1888. dictment is designated as No. 1890, This inand was found upon the testimony of the petitioner alone who volun- identity tarily appeared before the grand In jury at his own request and gave vs. testimony. On the same day he ap- fendant was indicted for burglary peared in open court, was arraigned under the name of Charles Kelsoe, and pleaded guilty to the indict-alias McCarty. ment January 3rd, 1889. Petitioner testified in his own behalf, and for At the trial he was sentenced by the court to pay the purpose of effecting his credia fine of $100 and $31 costs, and be bility, the State introduced the reimprisoned in the penitentiary six cord of the conviction of Charles months, the imprisonment to run Kelsoe, alias McCarty, of grand from said date. error; but the court held that "idenlarceny, and this was claimed to be |tity of such name was sufficient to

It further appears that petitioner was also indicted in said court on

to

nied and an order will be entered
The prayer of the petitioner is de-
accordingly.

We concur,

ZANE, C. J.,
HENDERSON, A. J.

EMOTION AND DEVOTION.

class.

THE NAME "AMERICA."

With quite as much reason with the truth; beareth all things, we might repeat the complaint believeth all things, hopeth all The thing to reflect upon, if we which Steele made long ago in the things, endureth all things. Charwould supplement emotion with de- Spectator, that there is no adequate ity never faileth." Compare with votion, is the word of God-his will idea of what is meant by "gentle- this the fifteenth Psalm, which concerning us, not our own natural manly, gentleman-like, or much of also describes a real gentleman, and sinfulness nor our daily shortcom- a gentleman." Indeed, there are not one who is only playing at the ings. Dwelling on our sinfulness those who seem to be incapable of thing: "He hath walketh uprightcontinually will not not win us fa- valuing their fellow-men by any-ly, and worketh righteousness, and vor from on high, nor make us effi- thing except their clothes. speaketh the truth in his heart. He cient in service. God hates our sins, There is a story told of a Per- that backbiteth not with his tongue, buf, because he loves us and longs sian prince which well illustrates nor doeth evil to his neighbor, nor for our salvation, he will blot them such worldliness. Dressed as a poor taketh up a reproach against his out from his remembrance if we man, this prince went to a feast. neighbor; * * he honoreth them turn our thoughts toward his pro- He was pushed here and there, that fear the Lord."-The Quiver mises, his offers of mercy and his could not get to the table, and had for March. loving commands, and reflect upon soon to withdraw. On going home them until they become the basis he dressed himself in his best, and inspiration of our most aspiring placing jeweled slippers on his feet, hopes. Thinking about ourselves, and putting on a cloth-of-gold cloak. we are plunged in gloom. Think Then he returned to the feast, where ing about God and our provision for matters were immediately altered. our welfare, now and in eternity, we The guests made room, and the host are filled with joy. The Bible, with rushing up, cried, "Welcome, my its pleadings, its pledges and its lord! What will your lordship directions for holy living, is an ex- please eat?" The prince's answer haustless fountain of delight to the was very expressive. Stretching soul. The end crowns the work. out his foot so that his slipper Let us look to it that our emotional sparkled and glittered, he took his moods, developed by reading and golden robe in his hand, and said reflection, eventuate in something. with bitter irony, "Welcome, my They ought to fit us for the confi- lord coat! welcome, most excellent dent and joyous doing of the will of robe! What will your lordship God. Even the most regular read- please to eat? For," said he, turning of the Scriptures, and the most ing to his surprised host, "I ought careful consideration of their pro- to ask my coat what it will eat, since mises and warnings and commands, the welcome was solely to it." will be disappointing in results if they do not move us to "observe to do according to all that is written herein."-The Interior.

The bulletin of the Paris Geographical Society, which has just been issued, contains an account of M. Jules Marcon of certain further researches which he has made into the origin of the name "America." As far back as 1875 he published a paper on the same topic, which attracted much attention at the time. and he has since devoted much labor to an investigation of early historical documents in which the New World is named.

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The popular notion that America was so called from the Christian name of Amerigo Vespucci is, he says, wholly unfounded, and he The Jews had a proverb that if a sums up his conclusions in this way: man did not teach his son a trade-1. Amerique is the Indian name of he taught him to steal, and no one the mountains between Juigalpa would call a thief a gentleman. and Libertad in the province Even the South Sea Islanders of Chentales, which separate knew better than to think that it Lake Nicaragua from the Mosmade a man a gentleman not to coast. The word in the work. When Bishop Patterson went Maya language signifies among them they were surprised to windy country," or "the country see that he was ready to put his where the wind blows always." 2. hand to anything. He would do a The Christian name of Vespucci piece of carpentering, wash up was Alberico in Italian and Spanthings after meals, teach the little ish, Alberious in Latin. This parblacks to wash and dress themselves. ticular name is subject to an enormOther white men wanted to put all ous number of variations, as the the work on the negroes, so, in order nomenclature and calendars of Italto mark the difference, they called ian and Spanish saints of the period the bishop a "gentleman-gentle- show; but nowhere is there any such man," and the others "pig-gentle- variation of Americus, Amerige, men." Having tried to show what Amerigo, Almerigo, etc., and none a gentleman is not, we will now say of those is either a diminutive of a briefly what he is. He is a man variation in use in Italy, Spain or who is gentle in thought, word and France, for Alberico or Albert. 4. deed. He is generous and just, Before 1507, when Jean Basin of honorable and brave; and, having Saint Die published the name, it is all these qualities, he exercises them not to be found in any printed docuin the most gracious outward man-ment, nor even in any manuscript of recognized and incontestible authority.

Mr. Samuel Storey, M. P'.,has sent home from California the following essay on the cow, written by a child: "A cow is an animal with four legs on the under side. The tail is longer than the legs, but it is not used to stand on. The cow kills flies with its tail. A cow has big years that wriggles on hinges; so does their tail. The cow is bigger than the calf, but not so big as an elephant. She is made so small that she can go in the barn when nobody is looking. Some cows are black, and some hook. A dog was hooked once. She tossed the dog that worrid the cat that killed the rat. Black cows give white milk; so do other cows. Milkmen sell milk to buy their little girls dresses, which they put in water and chalk. Cows chew cuds, and each finds its own chew. That is all there is about cows."-The ner. London (England) People.

REAL AND AMATEUR GENTLEMEN.

Mr. Marcon claims that his theory of a native origin for the name America has been accepted in Spain, Spanish America and, with some exceptions, in the United States; in France, Germany and Italy it has excited doubt and surprise, but in the last named he has the support of the eminent Turin geographer, M. Guido Cors. There Vespucci went along the Mosquito coast at the feet of the Sierra Amerique and that the name was reported by the officers and men of these and expeditions, Schoner, the geographer, declared in 1515 that the name was already popular in Europe.

A true gentleman pays his bills; is a good son, husband, father, and friend. His aims in life are high, and he keeps from all that is mean. The third Earl of Balcarres always If it be true that "manners expressed himself as delighted with makyth man," surely nothing less the Epistle of St. James, as that emthan manners can make a gentle- phatically of a gentleman-a term man. Without them it is impossible implying, in his acceptance of it, to act the part of a gentleman for all Christian excellence and perfecten minutes without being found tion. But the character of the Chrisout, as the Duke of Wellington said tian gentleman cannot be better is no doubt that Columbus and George IV could do, but not for described than in the words of St. much longer. It is true that "the Paul in his Epistle to the Corinthigrand old name of gentleman" is ans: "Charity [or love] suffereth now so "soiled with all ignoble use," long, and is kind; charity envieth that one prefers to call himself sim- not; charity vaunteth not itself, is ply "man" rather than "gentle- not puffed up, doth not behave itself man." And yet were a distinction unseemely, seeketh not its own, is drawn on proper grounds between not provoked, taketh not acgentlemen and roughs, we should count of evil; rejoiceth not in all desire to belong to the former unrighteousness,

According to the London Times but rejoiceth it is beyond question that one edition

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