the evidence of a cause, is, that which is delivered on oath, in the presence of the court and the parties. The question was suddenly put to the court, and immediate ly answered, as I now think, with too much reserve; and that I might, and, perhaps, ought to have been more decided and peremptory in my instruction to the Juror, to disregard his private knowledge, and to render his verdict solely on the legal and open testimony of the cause. I am confirmed in this opinion, not only by the cases already referred to, but by others I shall not now notice. When a remedy for a false verdict, or one contrary to evidence, could be obtained only by attaining the Jury, (a very severe proceeding against them) every presumption or possibility was resorted to in order to support the verdict, and save the Jury from a judgment of attaint. But a salutary and reasonable change has taken place in the law, of setting aside verdicts, since the practice of attainting Jurors has been disused; and these mistakes are corrected by the most liberal and efficacious remedy, of granting new trials. In 3 Bac. Ab. 773, speaking of attainting Jurors, it is said, "But to attaint them for finding contrary to evidence is not so easy, because they may have evidence of their own cognizance of the matter before them, or they may find, on distrust of witnesses, on their own proper knowledge." This is the law of the text, and the old authorities are given for it; but in a note, it is thus modified and corrected-"If a Jury give a verdict on their own knowledge, they ought to tell the court so, that they may be sworn as witnesses, and the fair way is to tell the court, before they are sworn, that they have evidence to give." The case in Salkeld, already referred to, is here cited. The modern doctrine is more explicitly stated by Starkie, (1 Evid: 405, "Neither Judge nor Juror can notice facts within his private knowledge, he ought to be sworn and state them as a witness." A note informs us that the law was formerly otherwise, and cites Plowd. 83.-Partridge vs. Strange. The ancient doctrine was founded, as I have said, on the law of attaints. "The note proceeds, "But this doctrine was again gradually exploded when attaints began to be disused, and new trials introduced in their stead. It is quite incompatible with the grounds on which new trials are every day awarded, viz. that the verdict was given without, or contrary to evidence." In the same volume, 448-"It is now perfectly settled that a Juror cannot give a verdict founded on his own private knowledge; for it could not be known whether the verdict was according to or against evidence: it is very possible that the private grounds of belief might not amount to legal evidence. If such evidence were to be privately given by one Juror to the rest, it would want the sanction of an oath, and the Juror would not be subject to cross-examination. If therefore a Juror know any fact in a trial material to the issue, he ought to be sworn as a witness, and is liable to be cross-examined, and if he privately state such fact, it will be ground of a motion for a new trial." In 3 Bl. Com. 372.5. the doctrines and reasons of Starkie are recongnized as the law of this day. If such be the law, there was no error in the answer given by the court to the inquiry of the Juror, at least, none of which the claimant can complain. The court might have been more explicit and direct in cautioning the Juror against making up his verdict on his previous or personal knowledge. The 11th and last Error is a most striking misconception of the court, viz: "The court intimated to "the Juror, who made the foregoing inquiry, that unanimity was not to be expected, and that he should endeavour to come to the opinion of his fellows." put to the court; for the Jury came in more than once before they gave their verdict. On one of these visits to the court (subsequent as I think, to that on which the question was asked, but this is not material,) one of the Jurors expressed himself with much impatience, and in very strong terms, of the obstinacy of one of his fellows, alluding as I supposed, to the only Juror who had made the inquiry of the court. It was then that I remarked that it could hardly be expected that twelve men would at once agree upon any subject of any difficulty, and that it was a duty they owed to each other to exercise patience and perseverance in their discussions; to listen calmly to one another, and truly endeavour to come at last to the same opinion. In making this laborious examination of these reasons for a new trial, I have been governed, as may be seen, not by the difficulties I found in them, but by my res pect for the counsel who has considered and treated them as matters of importance. The rule to show cause why a new trial should not be granted is discharged. was At a monthly meeting of the board of managers of the Pennsylvania Hospital, held 6th mo. 26th, 1832, it "Ordered that William W. Fisher and Roberts Vaux, be appointed to apply to the councils of Philadelphia, to ascertain whether permission will be given to the managers to erect a temporary wooden building on one of the lots belonging to the Hospital, in the event of the city's being visited by the epidemic cholera, for the accommodation of surgical and other patients not af flicted with that malady, which it may nevertheless be improper and unsafe to admit into any of the apartments now used by the patients of the institution." From the minutes, ROBERTS VAUX, Secretary. A printed report of the medical gentlemen of the city, was received and lid on the table. Several petitions were presented and referred to the paving committee. Mr. NEFF, as chairman of the committee to whom was referred the communication of J. Livezey, made the following report and resolution which were agreed to. The committee appointed on the 4th inst., to whom was referred the communication from John Livezey, praying councils to sell to him the lot adjoining Race street wharf-Report, That they have viewed the premises, and are of opinion that said lot is so connected with the wharf, that it ought not to be sold at present; therefore offer the following resolution: Resolved, That the committee be discharged from further consideration of the subject. Mr. PETTIT, read in his place the following ordinance which was laid on the table. An ordinance relative to the Pennsylvania Hospital. Section 1. Be it ordained and enacted by the citi zens of Philadelphia, in Select and Common Council assembled, That the managers of the Pennsylvania HosThere is a mistake in every part of this allegation. pital be, and they are hereby authorised to erect a tem. The remark which the court did make, was addres-porary wooden building on one of the lots of ground sed to the whole Jury, and not to any particular Juror. belonging to the institution, within the city of Philadel It arose on an occasion, having no relation to the ques-phia, should the city be visited by epidemic cholera, tion asked as above by the Juror; nor according to my for the accommodation of surgical and other patients recollection, was it at the time when that question was not afflicted with that malady, when itmay neverthe 1833.] less be improper and unsafe to admit into any of the apartments now used by the patients of the institution; provided, however, that any buildingso erected shall be removed by said managers as soon as conveniently may be, after the occasion for which this authority is granted, shall have ceased to exist. Sect. 2. And be it further ordained and enacted by the authority aforesaid, That so much of any ordinance as is hereby altered, be and the same is hereby repealed. menced, or where materials had been actually prepared expressly for the same, at the date of the said ordinance. The resolution relative to the laying of the corner stone of the WASHINGTON MONUMENT, which was passed by the Common Council, was laid on the table. The report of the committee on the petition of the Mr. GROVES, as chairman of the committee to im-joint committee of two members of each council, and prove the Girard lands, made the annexed report, which was laid on the table. The committee appointed to make sundry improvements on the lands in Schuylkill county, bequeathed to the corporation by the late Stephen Girard, report: How That agreeably to their appointment they have had a conference with a committee of the trustees of Mr. Girard's Bank relative to the funds which may be wanted for that purpose, and were informed that the board of trustees had consulted their attorney on the subject of improvements contemplated by Mr. Girard on those lands, and according to whose opinion they were not authorized to procure or advance the funds required, and referred your committee to his executors. far that opinion may be considered as applying to the resolution adopted by councils, your committee are not disposed to inquire, nor did they consider themselves justified by their instructions to call upon the executors, and further solicit from the hands of those who have a temporary control and management of the funds, which must come eventually into the possession of the corporation. They consider that such solicitations would not comport with the dignity and respect due to the city authorities, which they were in duty bound as its agents to sustain. Messrs. Groves, and Toland, were appointed the committee on behalf of the Select Council. COMMON COUNCIL.—Mr. BAKER presented the annexed petition from the Grand Lodge of Pennsylvania, which was read and laid on the table. To the Select and Common Councils of the city of Philadelphia. The memorial of the undersigned, respectfully showeth, That refuse water from the Gas Works, at the masonic hall, is at present carried through the public gutters, along Lodge alley and Seventh street, to the opening into the common sewer in Seventh above Chesnut. The smell arising from it, although in no respect of an unwholesome nature has been complained of, by those who reside in that neighborhood. From the present situation of the works, it will be necessary to discharge a large quantity of this water in a short time and your memorialists who are entrusted with the care of the masonic hall, are desirous of doing so in a manner which will not incommode the neighborhood, and which will hereafter secure them from any such inconvenience for the future. Your memorialists would therefore on behalf of the Grand Lodge of Pennsylvania, respectfully request, That permission be granted to them to lay down iron Your committee cannot close this report without expressing their surprise and astonishment that the pipes not exceeding six inches in diameter, from the Gas Works along Lodge alley to the common sewer in executors of Mr. Girard should have taken upon them-Seventh street, and to make an opening into the same, selves the responsibility of suspending all the contracts in order to carry off the water from the said works. and directions made by him for the improvements of a The whole to be done at their expense, and under the property which they know he so anxiously desired to direction and superintendence of the city authorities. have accomplished, without consulting the city authorities to whom those lands and also the residuary funds were bequeathed. As this estate cannot be made productive without the improvements directed by councils and in accordance with Mr. Girard's designs, your committee recommend, that the funds necessary to accomplish that object may be advanced by councils, and offer the following resolu tion: Resolved, by the Select and Common Councils, that the Mayor be, and he is hereby authorized to draw his order in favor of the committee for such sums as may from time to time be required (not exceeding eight thousand dollars) to be applied by them towards improving the estate of the late Stephen Girard in Schuyl kill county, and that the same be charged to the Girard fund. Mr. PETTIT, offered the following ordinance relative to Messrs. M. and S. N. Lewis, which was read and land on the table. A supplement to an ordinance entitled "An Ordinance to prevent the construction of wooden and brick paned buildings and for preventing the extension of injuries from fire," passed on the eighth day of June 1832. Section 1. Be it ordained and enacted by the citizens of Philadelphia, in Select and Common Councils assembled, That the ordinance to which this is a supplement shall not be considered or construed as extending to any wooden, framed, brick paned or other building whereof the walls are not composed wholly of incombustible materials erected or constructed within the year one thousand eight hundred and thirty-two, in that part of the city which lies west of Broad street, where the erection or construction thereof had actually comVOL. X. 2 Mr. BAKER read the following ordinance in his place, relative to it, which was passed by the Common Coun cil. An ordinance granting permission to carry the water from the Gas Works at the masonic hall into the common sewer in Seventh street. Be it ordained and enacted by the citizens of Philadelphia, in Select and Common Councils assembled, That the Grand Lodge of Pennsylvania, be, and they are hereby permitted at their own expense, to lay down iron pipes not exceeding six inches in diameter from their Gas Works along Lodge alley to the common sewer in Delaware street, and to make an opening into the said sewer, to carry off the water from the said works, under the direction and superintendence of the city commissioners. Provided, however, that the permission may be recalled by Councils whenever they may deem the same expedient. Mr. Hoop, presented the following communication from the committee for erecting the Washington Monument, and offered the annexed resolution which was passed by the Common Council. To the members of Select Council. Signed. THOS. SPARKS, Chairman. Mr. Hoop presented a petition praying that the drays may be removed from the corner of Third and Market street, which was referred to the committee on Markets. Mr. MAYBERRY presented a petition relative to the gutters and curb stones in Front street, above Market street, which was referred to the Paving committee, with power to act. Mr. FRITZ presented the annexed petition of Mr. Nathan Bunker, which was referred to the paving committee in conjunction with the city solicitor. rate at 34 cents upon every hundred dollars of real estate as valued by the assessor, which has accordingly been done, and the following is the result is each district and ward. To the Select and common council of the city of Philadel- 4th do. do. Your memorialist intends taking away these buildings The southern lot No. 1617 was bounded on the south by a forty foot street called Locust street running from Delaware 8th street eastward, which had been previ ously laid out by the supreme executive council as a street of that width. Your memorialist, and those under whom he claims, have purchased and held by this description, and this boundary, and the present buildings are located accordingly. Your memorialist is informed, however, tha tunder an ordinance passed the 9th May, 1804, and several supplements thereto a survey was made by Reading Howell of all the principal unpaved streets between Delaware 5th street and the river Schuylkill, which by a subsequent ordinance has been made the rule by which the city surveyors are to be governed-on this map or survey Mr. Howell has without any authority whatever marked this part of Locust street as fifty feet wide, which would take off four feet of your memorialist's southern front and so much of his present buildings and reduce his whole front on Washington street to 34 feet 3 inches. Your memorialist is still, however, the owner of this strip of four feet and he is advised that he has the same right to build on it as on the remainder of his ground, but he is unwilling to do so, before submitting the matter to the councils of the city, that they may be enabled to adopt such measures in relation to it as may advance the interest of the public without injury to the just rights of your memorialist. N. BUNKER. Mr. LEHMAN, as chairman of the committee of the poor tax, made the annexed report, which was read and Jaid on the table. The "Directors of the Poor Tax" met according to law on the second Monday in January last, and at the request of the "Guardians of the Poor" several subsequent times for the purpose of laying a tax for the "relief, support and employment," of the poor for the current year. Estimates and explanations were submitted by the Guardians of the Poor, requiring about 139,000 dollars; and it having been ascertained that the personal and dog tax would yield but $12,289 81-100 it became necessary to provide for the balance by fixing the 5th ward N. L. 667,914 103 50 556,736 77 00 540,442 78 50 442,854 68 50 458,920 80 00 N. B. As the poor tax has increased and will continue to increase, it may be well enough to know, that $17,500 of the above is to pay interest for money borrowed by the guardians of the poor towards the erection of the New Alms house, on the west side of the river Schuylkill, and as the building progresses, a much larger sum will be wanted annually for the same purpose. Mr. Hoop as chairman of the committee to whom was referred the petition of the gold and silver artificers, made the annexed report and resolution which were adopted by the Common Council. The committee to whom was referred the communication and accompanying medal, &c. beg leave to report, That they are of opinion that the medal presented by the gold and silver artificers, and which was struck off by them during the Centennial Anniversary, and county bear quite a different face. The division of the designed to be placed in the corner stone of the Wash-county into townships, under the present arrangement; ington Monument should be attended to, they therefore respectfully recommend that the said medal be deposited in the corner stone to be laid in Washington Square, under the direction of the committee appointed at a late town meeting on that subject, and offer the following resolution. Resolved, by the Select and Common Councils, That the Committee on the Washington Monument be, and they are hereby permitted to lay the corner stone of, and commence the said monument in Washington Square, on the 4th July next, under the direction of the committee on that square. (some of them quite large) is as follows:-Keating, in the centre; Ceres; at north; Bradford and Corydon, in the north-west; Liberty, in the east; Sergeant, Walker, Cooper, and Shippen, at the south and south-east; and Ogden, in the south-west. The face of the country generally may be said to be interspersed with hills and valleys-the land marked out by the navigable waters, tributary streams, and brooks, or, as they are familiarly called, "soring runs," the kinds of timber, more or less common to the whole country, are White Pine, Hemlock, Beech, Sugar, and Soft Maple, Birch, Elm, White and Black Ash, Hickory, Butternut, Cherry, Oak, Chesnut, Basswood or Lynn, and some Cedar. The localities of timber are, upon the lands adjoining the Allegheny river, which passes through the townships of Liberty, and, near the centre of Ceres-that part of Potatoe creek which passes through the eastern part of Keating-the Sinnamahoning, which runs That they have examined said street, and are of opin-through the eastern part of Shippen-and the Tunuion it would not be prudent to have the same paved now, as the rail road will be laid in the spring; it can then be done to greater advantage, although if it were not for that circumstance they would recommend it done at this time. Mr. BAKER, as chairman of the paving committee made several reports and resolutions, which were adopted, among which are the following. The paving committee to whom was referred the petition of a number of citizens requesting Broad street to be paved, report, The paving committee to whom was referred the petition of a number of persons requesting Lawson street to be paved, report, That Lawson street having been laid out a short time since, is not one that comes within the law, directing the city corporation, to have the same paved at public expense, but the owners of property adjoining are bound to have the same paved at their own expense: they of fer the following resolution. Resolved, That the city commissioners give notice to those persons owning property on Lawson street, to have the same paved in 60 days according to a law passed by the Legislature of Pennsylvania, April 23, 1829. The paving committee to whom was referred the petition of a number of persons requesting the ends of Perry street to be paved, report, That Perry street with the exception of about 120 feet at each end was paved in the year 1830, but the parts that are now petitioned for, were not at that time opened; the committee are of opinion that as the street is now opened the same should be paved. Mr. Moss called up for consideration the resolution attached to the report of the committee relative to improving the city property on Schuylkill, which was agreed to, and the resolution was adopted with the following amendment-"and shall be carried into effect, so far as relates to the completion of one store and one dock," which was concurred in by the Select Council. From the Smethport Forester. angwant, which passes through Bradford and empties Almost every part of the country contiguous to the main waters, is perforated with smaller streams, which extend from 5 to 10, and even 15 miles into the interior; and these secondary streams are again supported by waters which descend the brooks and spring runs; so that there can scarce be a hundred acres of land calculated for a farm, which is not well watered, either by a main stream or a brook. The side hills are a gentle SIR,-Having several times been solicited by gentle-slope from two to five degrees elevation, until near the men both in this county and elsewhere,'to give a general summit, when they become steeper; they generally description of the face, localities, productions, &c., of present a regular surface, a very few being stony. this part of our State,-I now proceed, reluctantly, to When the summit is gained it is common to find uninuse my efforts in gratifying their desires in that respect; terrupted level for miles, disturbed only by here and reluctant, because I am convinced there are many other there a gentle rolling of the land, or a spring run;-this gentlemen in this section of the State, possessing much is more particularly the case in the western part of more of the desired information and better qualified Keating township, in the vicinity of Lafayette, or the than myself, in every respect, to do the subject justice: Four Corners-where there are thousands of acres of however, if I should succeed in breaking the ice, per- land of that description-being finely timbered open woods, consisting principally of hard timber, i. e. haps others better qualified, will follow. Beech, Maple, Cherry, &c.; also in the middle and western part of Sergeant and Ogden townships there are large bodies of this kind of land; so level is the surface, and so straight and thrifty the timber, and the woods so open, that a squirrel may be seen running from 40 to 60 rods in advance. There are also many such lands in the south-western part of the county. O. J. HAMLIN. M'Kean county derives its name from our venerated Governor THOMAS M'KEAN; its territory is computed at about twelve hundred square miles, being forty miles from east to west, along the N. York state line; averaging about 30 miles north to south, and containing from 8 to 900,000 acres of land. Different sections of the SOIL.-The great body of soil throughout the county is a soil well adapted to grazing, or the productions of hay and grass; the soil, however, differs in character. Along the main streams, the soil is of an alluvial quality, being a light sandy loam, some places a little mixed with the clay soil, well adapted to the production of grain, such as wheat, rye, Indian corn, oats, buckwheat, &c, and those lands also, produce good clover and timothy grass. They are excellent for potatoes, and the different kinds of garden stuffs. The side hills verging on the streams, are generally a light mellow common loam, well adapted to all kinds of culture, grain or grass, and most kinds of esculent roots do well upon those soils; clover and timothy grass are a natural and almost spontaneous production. Those lands bear the different kinds of grasses, of an excellent quality, and in quantity proportioned to the amount improved, are not sur- The East and West state road leading through the passed by the lands in any other county in the State. Northern tier of counties, in this state; enters this counThe uplands are nearly of a similar description to those ty at the east, near the Canoe-place, on the Allegheny of the side hills, and the productions much the same. river, passes through Smethport, the county seat of this CLIMATE--The climate in this part of our state is county, and leaves the county near the mouth of the healthy in the extreme; the waters being of the purest Kenzua creek at its junction with the Allegheny. Its kind, as they generally originate from springs flowing distance in this county a little exceeds forty miles. It out of the base of the hills or breaking out of the low-was authorized, and the first expense of opening it delands; and when the waters collect in large streams, frayed by the state, under the superintendence of they have a gradual and uninterrupted descent. There Judge Otto, one of our present Associate Judges, and are none of what are termed stagnant waters, from the one of our early settlers. It was commenced in the putrid effluvia of which, the air in some countries be-year 1816, and completed in 1818. At present, although comes contaminated, and as a natural consequence, the the road is passable, yet it needs much improvement. inhabitants in their vicinity are subject to agues and fe- Whenever this road is so improved as to become a vers. When dams have been erected across streams to good thoroughfare, I think it cannot fail to become one gain a water power for mills and machinery, the water of the first importance. It is known that there is a conflows or sets back to some distance, forming a pond; stant tide of emigration from the eastern states to the but so pure is the water by which those ponds are sup- west; many annually pass and repass from the east to the plied, that no serious effects have as yet resulted from west on visits to their relatives settled in a distant land; their creation. I believe some dams have been raised it is also known by experiment that the Allegheny river across the Allegheny, below the New York state line, is navigable for steamboats from Pittsburg to the mouth and out of this county, where the natural current of the of the Kenzua creek, which empties into the Alleghewater has but little descent, which are supposed to have ny, near the western termination of the road in this counbeen injurious to the atmosphere and produced some ty. Now if a line of steamboats was established from agues in that vicinity; but I have never known any such Pittsburg to the mouth of Kenzua, and the east and case in our own county. west road so improved as to allow a line of stages to be established, (it is already good from the east as far west as Wellsborough, in Tioga county, Pa.) it being settled that this is the most direct route from the east, westward; because it passes through the state in nearly a due east and west line for about 300 miles; would it not naturally follow, that emigrants would take this route to Kenzua by land, thence down the Allegheny, Ohio, and Mississippi by water, and those who were travelling for pleasure or on business, return that way. There is another idea while on this subject, worthy of a moment's time; that is, that Pittsburg is becoming known for her extensive manufactures as the "Birmingham of the west." Glass, iron, lead, crude, and for paints, linseed oil, and salt can be purchased there as cheap or cheaper than in any other place to which this part of our state trades. If this road was improved, and a steamboat navigation established, those articles might be freighted to this and the adjoining counties much cheaper than in any other way: it strikes me as being a very important road. the location entirely; consequently, the first labour in It is but reasonable that the county should be healthy; because it is mostly upland, and the waters, emanating from clear springs, must be pure. There is no disease common to this county, that is not also common to our state and country at large; and some that prevail in other parts are scarcely known here; as the ague, cholera morbus, and those diseases usually prevalent in those parts were there are stagnant waters or extensive levels of land, during the summer months. ROADS.-At the early period of the first settlements of this county, great difficulties were experienced by those whose enterprise led them to undergo the difficulties incident to a new country life, for the sake of obtaining good farms of their own. Indeed, one of the greatest impediments to settling a new country is the want of good roads, a difficulty which our legislature at an early day, made liberal provisions to remedy, by applying a part of the proceeds arising from the annual tax levied on unseated lands, to that purpose. This tax, paid by the land holders, has been the main reliance for the improvement of our roads. The road taxes paid in this county, has usually been about $2,700 per annum. This sum divided among the several townships, and applied upon the great amount of roads, heretofore, in many instances, passing through large districts of wilderness, has been found quite inadequate to do much towards making good roads; although it has sufficed to open them and keep them passable. On laying out and making the first leading roads in this county, the people laboured under great inconveniences-the want of a geographical knowledge of the county prevented the most appropriate grounds from being selected in many This difficulty has tended to make the improve ment of the roads at the present day much more expensive; because it is frequently found necessary to change cases. (To be continued.) CURIOUS GEOGRAPHICAL FACT.-We have been informed that a lump of coal weighing sixteen ounces was lately discovered imbedded in the centre of a solid rock, about ten feet in diameter, on a tract of coal land on the Broad Mountain, known as the Pott and Bannan tract. The rock was a displaced fragment lying near the surface of the ground, found in the vicinity of the line of the Pottsville and Danville rail road, comprised in the contract of Messrs. Neligh, by whom the discovery was made while their workmen were engaged in blasting. It is difficult to account for this extraordinary occurrence, since the rock exhibited no trace of a fissure or opening whereby the lump might have been introduced, but on the contrary presented the appearance of uniform solidity. Miner's Journal. |