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Show She Ogdcu guudtow... Published evry WKDNESDAY and SATURDAY, by the 0MDK3 I'UUHSHIMO COMPANY. Penrose, Editor. anil Dimmed!) Maimicer. Charles W. OGI)E. UTAH. WEDNESDAY, OXE DECEMBER 24, 1873 SOURCE tjioijhli:. or rightfully use them, under an assignment of the States and Territories The east of the Rocky Mountains. question arose whether, when a patented article has been lawfully made by a Territorial assignee of the patent right, and sold by him without condition or restriction, within the territory included in his assignment, the purchaser acquires the right to use the articla in another Territory, for which another person has taken an assignment for the same patent. Where does all the money go? the The Circuit Court held the affirmquestion- - is asked, until the convic- ative of this question, and the case tion is forced upon all who study the was brought to the supreme tribunal commercial and financial situation of of the land for review, the appellant, the country, that the circulation is taking a position contrary to that inadequate to the wants of business. which was maintained by the inferior The weekly exhibits of the banks Court. The Supreme Court reiteraweak condition, which may ted the views which had before been inpresent an argument in fa'or of expressed in the judgment it render flation, induced by a scarcity of mon- ed, embodying all the disputed points ey in commercial channels. But the upon which the appeal was taken. truth is that the scarcity arises from The action of the Circuit Court below a want of confidence in the stability was consequently affirmed. and distrust of our moneyed instituThis last decision we suppose, will tions. The currency of the country be accepted as a finality, and it is not is locked up and hoarded in secret at all probable that the operation of recesses, where deluded people think the patent law will hereafter be disthev can secure their wealth and turbed by the pretext, that it is any treasure from the contingencies of longer susceptible of being misconpanics or commercial revulsions. A perplexing issue is virIf people would reflect upon the strued. removed from the field of folly which urges them to conceal tually the:r means, they would discover that litigation. they are themselves indirectly contriHis Hotel Couldn't buting to the stringency of the marHill. ket, and the depreciation of values. Every dollar that is hoarded up and What is a man to do who has no withdrawn from circulation, adds home, no work, no money, and no that much to the derangement of our friends, and has a hungry, consumpfinances. Money is issued as the rep- tive look ? When a man fails to resentative of values, and is not de- make a living in one place he moves out of it and tries another, but if he sirable f.r its intrinsic worth, but for has tried all the places, and walks ns the facilities it lends in advancing far as his strength will carry him, our personal interests. It is not the what is he to do? Lie down and die property of any one individual, but by inches in the muddy streets? Some do this, but the last resort debelongs to the community at large. pends much upon the character and He who secretes his money is guilty educatiou of the man. A person of of a wrong to his fellow men, and is good character und education, and an enemy to society. The circulation some of that sense called of money is essential to prosperity left, casts away the burden of life as and commercial existence, and when he can. lie regards the world as a iu which he cannot pay his it becomes attenuated, disorganization hotel, bills. lie gets out of it. By scornmust foltaw, and ruin overtake those ing the he shows his who embark on the unccrtaiu sea of sense and sanity, and his undimmed manhood shines through his rags commerce. when he is found dead by his own Values have arisen within tho last act. The papers now are bringing few days. If this advance were con- accounts of many suicides, for which sistent with the g neral improvement want of money, want of work, want of tho country ; if it were not purely of friends, are the reasons. Daniel Scott had dragged himself, all over local and artificial, strong faith might Detroit hunting for something to do, be felt in the altitude of the market?. and something to cat. He was ragWhile tho market is in this condi- ged and hungry, and too proud to tion, all parties should realize and dis- beg. If there had been work to do his sickly appearance was against pose of their holdiugs. him. He could find no friend who oil let the could see the man in him, so disguismeans, By disposition to hoard away the common property ed was he by poverty und rags. He of the country yield to a desire to found a friend who advised him to apply to the director of the keep up the volume of our currency He turned from that friend and poor. went to its legitimate standard. toward the dock. He weighted him-Bciu some manner, leaped into the water, aud was safely anchored at the A DECIDED HE UTIUMA-TIO.- bottom. His form was seen on the brink; a splash was heard in the water. That was his funeral.' There We adverted a few days ago to an was no expense attending it. He tof the world corthe left, decUiou,reg;irdiig owing important nothing It ' him calls a but it cannot suicide, rect interpretation of the patent law, brand him as a pauper. He had which refers to the assignment of pahis wits about him too clearly to tents. A similar case has just been incur that stain. He could not pay adjudicated in the United States Su- his bills any longer and he simply preme Court, and one iuvolving in left the hotel. No hanging up, and e for him. The terests nearer home, confirmatory of rusting in a case of Daniel Scott is that of hunthe judicial action to which we pre- dreds of others occurring around us , , viously referred. A man wants work, to dayv every ' himself not filed his bill in warm, the keep A complainant charity of the freezes his that sort heart. Give Circuit Court of California, to rehim work ; bo it ever so little, it will strain certain parties from making or keep alive the man in tho human using in tho State and Territories frame. west of the llocky Mountains, cases for packing eggs, in violation of his Edward Garston, a Liverpool merfor claimed who died the other day, cut chant patent, by assignment his that Territory. The defendants are nephew off with a shilling becommission merchants in San Fran- cause the young man made up a face at him. The will stipulated that cisco, and receive eggs in these cases the nephew should not attend the by consignment from persons who fuucral. tshow a ray poor-hous- e lf V. poor-hous- I think not (that not she had fully recovered), she wns THK PEOPLE VI. JCMU8 KIESEL. not in good health. I visited her dming Examination of Mr. Boessel continued. the month of July, her malady was Kiesel said report was that she had chronic and bifixilive derangement of others said she was diseas- the liver at that time; that was not the ed. Another man said she burnt him, only trouble that time slie was laboring I did not examd bitch. Den Mar-ti- e under uterine debility. and she was a d venereal but was in her ine disease, July said she was diseased. Supposed two or three persons in Kiesel's asked in August by the baby was in the was of that kind the if there nothing from the nature of the smothered cry, and for this reason with matter s' her, sound, etc., when I heard them. were in the sitting room, dining and that only. I am satisfied there was room at a party, laughing talking etc., no venereal disease exising at that time. when I heard them; were laughing right I found that the disease yielded readily hole open through the to treatment; told her on my last visit along; store-pip- e wall into the thininey of the bakery; that I thought she would not require my d window in the door fiom the dining attentiou further. I think she was weaker in August than in July. I robin to bed room; window in bed room saw her before the 7th of September in facing bakery north. O- C in I reside was, Mr. Driver's drug store, she was getting Ogden; Perry. on the 7th of September last in the bar- along reasonably well. I den't remember shop and Whalen'slaloon. I was in ber of seeing her but twice after my last the saloon from nine until twelve that visit in August and 7th of September. day, about the time they close up. I She was to call on me every third day at usually stay until that time. Several the farthest; she didn't cull regular. other persons were there; Mr. Whalen Five or six weeks would make her fully was. I don't know where be is now. I s'rong under the circumstances and her probably remained there later than 12, condition, etc. My judgment that I can or not so late. No working, confusion, tell more about the possibility of coneto. going on at that time; if there had summating this act than amanofgeod been unusual loud noises in any part of judgment is derived from my knowledge Kiesel's house, or screaming, I would of physiology. Her parents wanted to have heard it, as I have often heard know as to venereal disease. After the Kiesel's children- - I have often beard 7th of September they heard that there the remark made, that Ellen Cunningwas suh a thing the matter with her. ham was a girl of easy virtue. I think she had no disease. Even one Mrs. Frances Plonsky. I live in Ogfyear subsequent to disease in primary den. 1 was at home on the 7th of Sepwith proper treatment, there tember last. I am well acquainted with state, would be no means tt discovering disJulius Kiesel'a family; have lived in ease; even a week before I couldn't tell. Ogden four years. I know Ellen Cun- She might have had a disease before the ningham; saw her ou Sunday, Septem- time of my examination, I can't tell. I ber 7th; I saw her in Kiesel's. Ellen I had the disease cured, nothing wasn't crying; Mr. Kiesel was in the bed thought new had set in. As far as I know, the room, aud went into the store with me; patient was still convalescing on the 7th nobody else in the house. When I was of September. in the store a little boy came to the front C. S. Nellis My profession is doctor door, about seven or eight years old; Mr. Kiesel let him in; he had a melon; I of medicine. I reside in Ogden City, think he went through to Ellen. I heard Julius Kiesel and Ellen Cunningham. What amount of treatment would be renothing more than what I have said. Ellen wasn't crying. I have heard peo- quired for disease described in August would take about three or four weeks at ple say she wasn't very honest. What I have heard about her reputation is bad. a rough guess, of a slight attack as deI told my girl Mary not to go with her. scribed by Dr. Anderson. She wouldn't Mary has been with me nineteen months. be reduced but very little under ordinaI can't say anything against Mr. Kiesel's ry treatment. Should gain very rapidly character; never heard auything against afterwards with proper treatment. She him. I thought Ellen had a fuss with ought to hava picked up all she lost, in Mr. Kiesel. I asked her what the mat a week, she ought to have been well at ter was, she said nothing much; I know the end of fourteen days. A physician she hadu't been crying. The boy was should be able to tell if disease was her brother. I can't tell who said her eradicated. I saw prosecuting witness character was bad; I have beard a good the Saturday before the occurrence. many people say so; 1 think women told She had spoke to me about pain in her me. Certainly, I was before this occur- side. She was deing house work and red. apparently in ordinary health. THE PltOK lTE COURT. that time (1Sep7 mia-carrie- bed-roo- Kie-sel- one-thir- - Susan Boessel. I reside on Main St., in Ogden; know Julius Kiesel. I went to nieeliug a few minutes past eleven. I am sure loud and unusual noises could be heard from Kiesel's house, iu the vicinity of my back door. Mr. Boessel told me not to let theyouug girl we had, go with Ellen Cunningham, as he had heard some sli lit remarks about her; this was last summer. 1 heard hallowing to test if the sound of voices could be heard from Kiesel's; I was in my back yard clearing up, and 1 heard the noise distinctly. J. J. Taylor. My place of business is two of Mr. Kiesel 8. I do west joors not think anybody was in the shop bui the men who work there. My house extends back into the yard that Kiesel's back door opens into, and my men work at a window that looks out into the yard. If there had been loud and unusual noises in Kiesel's, anybody would have been very likely to have heard it. by pros. I left men there and found men there. I could hear the least noise in the back yard. We could hear the back door of Patsy Whelan's close; 1 have heard it frequency myself. The windows are large, and I have heard noises in the yard and rouud about Kiesel's back door. 1 can't remember now any person who told me. I have heard a great many. Cross-e- x. P. L. Anderson My profession is that of practitioner of medicine. I visited professionally one Elleu Cunningham about the middle of August last. The condition of her health on the 7th of September was that she was laboring under more or less debility. She was seriously ill about the 7th of August last. I waited upon her directly from seven to cine days. I saw her in and about of consummating the act of copulation is both penetration arid emission. by Prosecuting AI should think n.y ttorney opinion wag better than that of any other man, vvj10 knows nothing of medicine or surgery Cross-examinatio- n ' although of good judgment. I think if sne by Defence was a woman able to do work of ordi nary family, H could not be done. Evidence closed, and the Court adjourned until this morning. At 9 o'clock the argument in the case was opened for the prosecution. The Attorney for the defence commenced his plea when the Court adjourned until two o'clock this afternoon. lte-cros- s The lloynl 1 amily. London Correspondence New York Times. Some apprehensions are entertained as to the health of Prince Leopold. He has been able to go out for a carriage airing, but the doctors will not allow him to attempt the lon; journey southward, and the Court is therefore for the present detained indefinitely at Balmoral. The malady from which the Prince is sufferings hemorrhage, arising from the extreme thinness of the veins of the skin, through which the Wood forces its way. It was hoped that when the Prince grew up to manhood this weakness would disappear; but next and as April he will be tweuty-oue- , the disorder still continues, and in an aggravated form, it is natural that there should be a good deal of anxiety on his account. There have be;n heavy falls of snow at Braemar; all the hills are crested with white, and the lochs are frozen over. There has been a coldness of old standing between the Queen and the City of London on account of the backwardness of the latter in putting up a statue to the priuce consort. At last one has been subscribed for, but it is a very paltry affair, andis regarded at court as adding insult to injury. The Queen has refused to countenance it by her presence at the inauguration, more especially as, by an old custom, she would had to bestow knighthood on the Lord Mayor, and pei haps on the Sheriff; too. The other members of the royal family have also declined to have anything to do with the memorial. It has been felt, however, that it would make too much scandal if the city were left to inaugurate the statue all by itself, and the Prince of Wales has beeu persuaded to attend on tho occasion, which is now indefinitely postponed in order to await his royal highness' convenience. There is some talk of the prince going to Vienna for tho anniversary of the Emperor of Austria's accession to the throne, on the I don't consider Mr. Kiesel a strong 2d of December, and a visit of the man, too much adipose tissue complain, Prince and Princess to the Duke of ed of his chest several days before. I Marlborough, at Blenheim, is aram of the opinion that it could not be ranged for the 9th of the same done. I back my authority by medical month. jurisprudence. I asked Kiesel for money A Wretched Mother. on Saturday afternoon, he had none; said it would be impossible for him to A strange and tragic story is that raise it that day; that was early in the of a crazy woman who wanders afternoon; never heard anything about the mountains about Parten-heinEllen Cunningham until after the among in Bavaria. A short time trouble, then I heard that previously was the handsome and happy she ago her general reputation was not very wife ot a man who had but one evil good. I am acquainted with Kiesel habit that of poaching. One night three or four years, his character is he was pursued by a forester, and, geod so far as I know. turning, he shot the man. The he was by riaintifFs At- deed was seen by others, ana and wife torney. Don't remember name of par- obliged to fly. With his ties who spoke about her character. two childreu, one of them an infant, lion-tie- r, Kiesel complained of his chest soon be- he went toward the Austrian and at night, while all were I don't think my fore this occurrence. concealed in a thicket, the judgment any better than any other sleeping, sound ef hoofs was heard. Touchman's of good judgment. A woman whiming his wife's arm, the husband might go for years and be around all pered, "The gendarmes!" She startthe time with luch disease as stated ed so suddenly aud violently that the though chronic. infant resting in her arms awoke and by defence. began to cry. The father ordered Would it have been possible to have con- her to keep it quiet, and the poor summated the crime of rape in five or woman held the little one closer, enten minutes by J. Kiesel on Ellen deavoring to stop its cries, while the Cunningham, as you know their condi- gendarmes had halted and seemed to'' Then her husband tion. Certainly not, without the use of be listening. mouth great violence or narcotics. In my hud his hand on the child's for ten minutes opinion it is an impossibility in any and held it there his that pursuers remained quiet. length of time without the exhaustion of When, at last, they rode away, the all strength or energy. child was dead. The family went on My name is T. E. Brown. My its way, and at the frontier the is that of physician and surgeon. officers inquired if they I know the defendant, I do not know had anything to declare. Ellon Cunningham. I have seen her said the murderer; but the unhappy and heard her name mentioned. I saw mother, uncovering her dead infant, her on preliminary examination. I told her wretched story, only to lose don't think he could possibly have done her reason in the conflict of wifely it under tho3e circumstances. The act and motherly affection. n, Cross-examinati- pro-fessi- on Cus-tom-hon- se . |