HOW MR. EPHRAIM TOLLY WAS HUNG. (From Harper's Weekly. )

Waikato Times, Volume III, Issue 110, 18 January 1873, Page 2

HOW MR. EPHRAIM TOLLY WAS HUNG. (From Harper's Weekly. )

Not many years ago the Sheriff of River County, Misswsippi, invited me to attend an execution. The invitation was given verbally, and I give it here :— " Come over and see me strangulate that rascal, Eph Tolley, for arson and setting Old Odum's house on fire." Accordingly on the appointed clay, Uncle Bob, an eccentric old genius, and myself rode over to the place of execution. The Sheriff of River County was the ugliest, funniest little fellow in the district. He stood about five feet in Ins shoes, and was quite as broad as he was long, and had a face to f lighten a catamount. Bustling about big with the importance of his position, he waddled up, and pompously offered his hand, saying to me " I m precious clad you've cum. These fellows heie amt give me no peace since sunrise axin' me when 1 was going to begin. It's none of their business : I'd invited you to see the han"in" for I knew you'd like the sport, and w.isn t going to begin till you arrivod, if 1 had to put off the execution. Mounting the steps of the court-house, lie sang out tremulously :— " Oh yes !oh yes !oh yes ! I'm now going to proceed to carry out the sentence of the law on Jiph Tolley, which has to be hung for arson and setting a man s house afire. Whar's Bill Simmonds, my depity ? " He's over at Jim Beard's, playing seven up with Banty Corrigan, and beaten of him like sikes," answered a little pot-bellied, yellow-faced specimen of a dirt-eater. He wants mo to take his place." .... • « You take his place ! You take ! " indignantly interrupted the sheriff. "Darn you, you'd look better taking Eph lolley's place ! Call Bill." After some delay, Bill Simmonds appeared, and Mr Sheriff taking a piece of clothes line, about four feet long, out of his pocket-, tossed it to him, and said, " Mr Deputy, go and fetch Toiler out here." Up to this time I had been vainly looking to find some preparations for the fatal scene ; but the only thing visible was an enclosure about forty feet square, five feet high made of rails and in the fashion of a fence, and resembling a suspicious pig-pen more than anything else. In the centre of the enclosure stood a pole, forked at the top ; and lviua beside it was another pole, about twelve feet Ion" Wed of its bark. " Mr. Sheriff," said T, "are not these procedings rather irregular ? the lawyer says an execution must take place within an enclosure ; and— " Well, ain't that an enclosure ? The law don't say that I am to build a stone wall, does it." " Where is the gallows ?" I then ventured to ask. "Squire," said the sheriff with impressive dignity, — "squire, don't you fret your gizard. I know my bizmess, and you'll oblige me by attending to yourn. lam t been sheriff of River County for gom 22 years for nothing. Enter Bill Simmonds and Tolley. He had tied the bit of clothes line round the culprit's neck, and was leading him aloii" as you would lead a horse to water. Tolley was as tall hi stature as the sheriff, very stoutly built, and had a sulky, don't-enre-a-rap sort of look on his stolid face He nodded familiarly to all handsvpokc to two or three of tho party, and a>ke"d me for a chew of tobr.cco. I carry two kinds, one for myself, and the other for tobacco bc<"*ars ; but thinking' it a shame to send a man into eteTn.ty wifh a wul of nigger head in his mouth, I pulled out mv own choice honeydew, and handed it over. That was the last I saw of it. Tolley deported an enormous quid in his cheek, and coolly handed the rest to the little pot-bellied dirt, eahr, and it went from one to the other as long as it lasted. Lor' , to think that a man with one leg m the grave should be capable of such ingratitude. The sheriff now read a document to Tolley, informing him that he win to be hung by the neck, &c, winding up with the addition, "And now, Tolley, you're a precious skunk, ain't you, to set a gentleman's house a-fire and be guilty ot arson ? Come along here," and he took the rope from the deputy's hand, and led Tolley, who followed like a lamb to the slaughter, into the enclosure. Old Bob whispered to me, " Frank give the poor devil a drink." But the fate of my honeydew steeled my heart against this appeal. .„,,,, -, Arrived at the fatal pole, the sheriff ordered the doomed man to " set down thar," which he did ; the end of the rope was then tied around the peeled sapling on the ground. " Now, Tolley, get up "—and Tolley, with apparent stolid indifference, slowly rose to his feet. The sheriff then put one end of the sapling into the fork of the upright, and pulling out his watch, handed it to Simmonds, saving, "JNow depity° you time him while I hold him up." JucVo of my horror when I saw this old devil thus cooly prepare to choke the wretch to death, with no more compunction than if drowning a blind puppy. I begged uncle Bob to interfere, but he declined to do so. "All ready? Now, Bill Simmonds, }ou time exzactly ; mind you, five minutes— not a minit more or less." "With this ho mounted a low stump, and with a herculean effort raised the small end of the sapling at arm's length over his head. , . The tension of the rope just raided lollej to his tip-toes, and didn't seem to inconvenience him much. But the sneritt —you should have seen him ! At the end of about the second minute he was purple in the face. " Bill Simmonds," he gasped, " how long has he been hanging — ain't time up ?" "Twominits." "Hang it'" panted the sheriff. I ventured to suggest to the sheriff that he was procooding in an unlawful manner. " "Who asked you for jom lip ?" he retorted. "I know what the law says. Tt says after a gentleman's been hanging a certain time— and I thmk fhc minutes is the tune— he s got a right to live if he can stand it ; and I think he ought " Time's up ! " shouted the deputy ; and the sheriffj^nig the pole from him with a force that jerked the pendemTl'olley sprawling on the ground. He picked himself up, and the sheriff untied the clothes line from his neck ; then ramming Tolley's hat over his ejes, he thus addressed him—- " Now, Eph Tolley jou've escaped hanging by a quibble ot tho law ; but if you 'know what's good for you, you'll leavo this country mighty sucklon ; " — saving whioh, he applied to Tolley a tremendous kick of his pegged boot, ejaculating, " I'll teach you to commit arson, and set a man's house afire. And if I ketch you in these diggm's again, I'll have to shoot you, you villian." With one final kick, ho turned him loose, and invited aH to liquor.

An exchango says :—": — " A very important judgment affecting business partnerships was delivered in Melbourno towards the end of last month, by his Honor Mr Justice Molesworth. It is one of peculiar interest to a mercantile community where partnerships are so general. Tho judgmeut was in the case of 01:0 Adolphc Oppeheumer. It in effect absolves tho head partner in a firm from the liabilities incurred in business transactions by a junior partner who unwittingly exceeds the precise terms of the deed of partnership under which the firm carries on operations. This must tend somewhat to weaken the confidence of manufacturers in their deuhngs with warehousemen. It is stated that many of the leading mercantile firms of Melbourne aic conducted by junior M partners, tho sleeping partners, who usually furnit.li tho capital, living in England. Hitherto it has been always supposed that tho partners in every concern are equally liable for the debts of the firm, and consequently there was the assurance of the transactions being perfectly bona fide, without the necessity of looking up the title, so to s.pcak, of tho representative of a firm which might have its branches m various parts of the world. If, as his Honor holds, tho matter of agency can be so limited in a partner that, vhilo he may sell consignments ho cannot make purchase* and trade ordinarily, wo fear a wide door will be opened for commercial dishonesty, if not positive swindling, A capitalist^ may send out from home a partner to establish a business m the colonies j he may tie him down by the decdofpaiwrship,so that virtually he is nothing more than an agent. 'Ino public are not aware of the circumstance, and m good faith deal with him as a principal, 1o find out to their cost that the person with whom they have been dealing was only personally liable, and he was -very probably a man of straw. On the other hand, it will act almost as an inducement fordishonest traders to combine and defeat their creditor", who can have no remedy in equity, and perhaps be unable to obtain as little satisfaction at \\\\\. So at lca^>t the unttlVT stands tit present,