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MILITARY HONORS TO PORTE.COCHÈRE.
WERTHER, Had I only heard the story which I am about to re Goethe represented at the congress of Aix-la-Chapelle, late, I should not have believed it to be true; but I the sovereign of whom he was both the minister and speak as an eyewitness, and I could call more than friend. The great age of the poet, his fine figure, and fitteen hundred persons to substantiate its correctness. his immense renown, drew upon him the attention and
On the return of Louis XVIII. from Ghent in 1815, homage of all the plenipotentiaries of the congress. An he stopped at Cambray; he refused the lodgings which Englishman, who had just arrived, and was but little had been offered him in the palace of the bishopric, familiar with German literature, inquired with a good because the bishops had, during the Hundred Days, deal of curiosity of one of his countrymen the name figured on the Champ de Mai; and he passed the night and title of a man whom the most distinguished persons in the house of one of the richest inhabitants of the only accosted with veneration. He was told that it was city. From 1816 to 1820, on the anniversary of the the celebrated Goethe, the illustrious author of Werpassage of Louis XVIII. through Cambray, the troops ther. He was satisfied with what he heard, and apof the garrison were assembled on the parade ground, proaching Goethe, saluted him and said: and there, formed in platoons, they defiled before the “I have just arrived, sir, from Paris ; I have seen house which Louis XVIII. had inhabited ; the officers your Werther, it is a charming work, and has amused saluting the porte-cochère with their swords. In 1820 me extremely." this ceremony took place for the last time; the officers “How, sir ?" defiled before it on that occasion with their backs turned, "It is one of the pieces at which I have laughed most shrugging their shoulders, and with such other strong heartily; there is particularly one actor, named Potier, marks of contempt that it was never attempted again. who is full of rage-he is quite a curiosity.”
The only reply that Goethe made was to turn his
back upon the speaker, pronouncing the word pfest THE GLASS EYE.
(horse)! The true Emperor of Austria, H. M. Metternich the first, has but one eye; but this loss is so ingeniously
HEROES IMPROVISED. concealed by a glass eye, that it is generally unknown, even in Germany. M. de Metternich, formerly a very About the year 1817 or 1818, Lientenant-General handsome man, was still young when he lost the sight Count Cæsar Berthier had been named inspector-gene. of his left eye in consequence of disease. The globe ofral of infantry in the 12th military division, of which the eye remained entire, but dulled and without light. the head-quarters, now at Nantes, were at that period A skilful artist, whose talent and discretion were well at la Rochelle, paid, succeeded in covering this globe with a moveable The isle of Rhé, which was a part of this division, envelope of enamel, perfectly like the right eye, with all had a garrison of two battalions of infantry; the Geneits color and brilliancy. The envelope is affected by ral was to inspect them. He was received at Saint every motion of the globe of the eye, and the illusion Martin, the principal, or rather the only city of the is so perfect, that M. de Metternich was enabled to island, in the house of the mayor. This function. figure in all the congresses, to pass his life in the world, ary thought it would be well in the presence of a and to marry twice, without his secret having been dis Lieutenant-General of the King's armies, to make some covered. A singular circumstance betrayed it to the display of the royalist sentiments which animaled him. public.
The General professed the most perfect indifference George IV. King of England, had expressed a desire in matters of political opinion, and it was not long beto obtain for his gallery the portraits of all the sove-fore he grew weary of the loquacious loyally of the reigns of Europe. His most distinguished painter, the municipal magistrate. celebrated Lawrence, was sent for this purpose to the “Sir," said he to the mayor, “your opinions do you continent. Lawrence concluded that George IV. would much honor; but I see in your house things which be pleased to have the portrait of Metternich, were il appear to me but little in accordance with the sentionly as an appendage to that of the Emperor Francis. mients you profess." He asked the permission of the Prince, and obtained “How, General ?" several sittings from him.
“What is the meaning of these pictures, on which I On one of these occasions, Lawrence observed that a see the name of the Emperor, battles, capture of cities, ray of lighe fell directly on the left eye of M. de Met- &c. &c. ? Do you think that we are still at that period ? ternich, and that the Prince supported it without lower- Are you ignorant that all the paintings representing ing the eyelid, and even without contracting the brow. scenes under the empire have been removed from the He at first admired the eagle glance which could thus museum and the gallery of the Luxembourg? Ought resist the sun ; but fearing that such a position would it not to be so in the house of a functionary appointed finally fatigue the Prince, he engaged him to change it. by the King ?” But M. de Metternich found himself comfortably seated, “But, General, these pictures, to which I attach no and preferred to remain where he was. Lawrence sort of importance, are the only ornaments of this insisted several times upon the change, and was unable room." to comprehend the obstinacy of M. de Metternich, until “If you call those things ornaments, I have nothing the valet de chainbre informed him by a sign, that the left more to say; it seems to me, however, that you might eye of the Chancellor of Austria had nothing to fear find better." from the sun.
"I would have already had them removed, General
but they were placed there at the time that the paper lottery had not been called the royal lottery of France' was; it has changed color everywhere except under the the circumstance that I have just mentioned would pictures, and my saloon would be frightful if there were have sufficed to make it deserve the lille. four large squares of fresh papering in the midst of hangings already much faded." • "At least cause the seditious inscriptions that I read
CONSEQUENCES OF MILITARY EXECUat the bottom of them to disappear; you might easily
TIONS. make better. Take down one of them, and give me some paper."
When an unfortunate soldier is condemned to death The General dictated an inscription to his aid-de-by a council of war and executed at Paris, the receipts camp, had one of the frames opened, and pasted over at the bureaux of the lottery are augmented by more the old inscription that which he had just dictated; it than a half in the fortnight which succeeds. Whenwas-the battle of Austerlitz, gained by H. M. Louis ever the Gazette des Tribunaux publishes the account of XVIII. The same change effected in the second picture the execution of a soldier, it registers with great care which represented the battle of Jena; this was given the number of the coach used to carry him to the plaine to H. R. H. Monsieur, Count d'Artois; the balile of de Grenelle : it is this number (of the coach) which Eglan to H. R. H. the Duke d'Angoulême; that of Mos decomposed and recomposed in every possible way, kowa to H. R. H. the Duke of Berry. Another and the reproduces itself on an immense number of tickets, all of last batile was about to be given to the Duchess d'An- which will be certainly successful. The calculations are goulême; but no woman was represented in this last infallible if it be possible lo obtain the age of the pripicture, and the General, fearing lest the pleasantry soner, and to combine the number of his years with that should appear too striking, stopped with the Duke of of the coach. Berry.
Since the government, in its exalted philanthropy, " You see,” sir, said he, “the resemblance in your has prohibited the circulation of chances below the pictures is not so striking that one may not be deceived; price of two francs, associations of under shareholders besides all did in fact take place under the virtual reign are formed (the fools who lay out their money in lotteof H. M. Louis XVIII. One may, therefore, without ries are pompously styled shareholders). These under impropriety attribute to him or the Princes of his house shareholders, to the number of four or five, unite their whatever was done, because it all passed under their capitals for the purchase of the minimum chance fixed names."
by the legislature. "It is true, General; I had not thought of that, and The seat of these societies is generally in the enviI thank you very much."*
rons of the potato markets; it is there that the chances are discussed and the dreams commented on.
SMALL STREAMS FROM GREAT RIVERS.
M. NEPOMUCENE LEMERCIER. Besides the civil list, fixed at 25,000,000 of francs, Louis XVIII. and Charles X. enjoyed a handsome M. Lemercier, as member of the French Academy, revenue, the product of certain taxes and rents, the has exhibited throughout his life evidence of the most origin and amount of which escaped the investigations honorable independence. Though received with the of the Court of Accounts. That which is known as most extreme favor by Bonaparte when first consul, he the prity purse of the King, was a separate affair, did not vote the less publicly against his accession to having, like the budget of the state, its expenses and its the imperial throne; and he ceased to visit him as soon ways and means. In 1814 and 1815, diligent investi- as he assumed the imperial crown. The Emperor gations were made to ascertain which of all these little loved the character of M. Lemercier, and esteemed his branches of revenue enjoyed by the ancient monarchy talents. The only favor, however, that M. Lemercier could be preserved under the new laws. Among the ever accepted from him, was the restitution of the vadiscoveries they found that the produce of winning rious confiscated property that had belonged to his tickets in the royal lottery of France, not claimed by family. Under the restoration, M. Lemercier was the owners, would rightfully fall to the King's share. what he had been under the empire ; but the restora
During the restoration, when a year had elapsed tion was less fond than the empire of independence, without any demand having been made for the money and M. Lemercier was from 1815 to 1830, in the most drawn by the tickets, a sort of prescription (I do not complete disgrace. He revenged himself by writings, know how legal) determined that the produce of the breathing the purest patriotism, and contended cou. sums thus forgotten, should be added to the privy purse rageously against the rigors of the censorship. M. of his majesty. The King, under these circumstan- Lemercier had, besides, lo struggle under every governces, exhibited himself as the real representative of his ment against the minor annoyances of those in power. subjects.
His fine drama of Pinta was forbidden to be repreFrom 1814 to 1830 the winning tickets not reclaimed sented under the directory, under the empire, and produced, at least, the sum of 500,000 francs a year. under the restoration. Under the consulate, Bona
The King of France, it will be seen, was the only parte, who had not then established a censorship, supperson in his kingdom who could gain by the lottery plied its place by sending on their travels the principal without adventuring anything. If, in its origin, the actors who played in the drama of M. Lemercier. • This pleasantry of General Cæsar Berthier caused him soon
When, after the Hundred Days, M. de Vaublanc, the to be placed in retirement.
most original of all ministers of the interior, past, pre
sent, or to come, wished to purify literature, the sci-| being purchased in the city, were a little better and ences and the fine arts, he struck from the list of the smarter than any bought in the country. It was not members of the institute a certain number of men the bonnets and gowns we cared for, but the heads whose political opinions were considered suspicious. and hearts those bonnets and gowns covered.
Among this number were Messrs. Étienne and Ar The very morning after Mrs. Bradly's arrival in nault. It was necessary to supply their places. M.S—, her eldest son, Lyman, a boy ten years old, came Desèze presided at the sitting during which the new to ask me to go and see his mother. “Mother," he members were to be named. In examining the ballots, said, was not very well, and wanted very much 10 M. Desèze came across a ticket on which were the see Miss S--," So I went home with him. After names of Molière and J. J. Rousseau.
walking half a mile along the road, I proposed getting M. Desèze spoke in severe terms of this vote, which over the fence and going, as we say in the country, he said was an insult to the Academy.
" 'cross lous." So we got into the field, and pursued M. Lemercier, rising immediately, said :
our way along the little noisy brook that, cutting Ly. “I am unwilling that any one of my brother mem. man's farm in two, winds its way down the bill, somebers should be suspected of what has been called an times taking a jump of five or six feet, then murmuring insult to the Academy. The ticket which has been over the stones, or playing round the bare roots of the thus spoken of is mine. Far be from me the thought of old trees, as a child fondles about its parent, and finally failing in the respect which I owe to the Academy; I steals off among the flowers it nourishes, the brilliant have had but one wish-to give a logical vote. Here- cardinals and snow-white clematis, till it mingles with tofore, we have been invited to supply the places of the river that winds through our meadows. I would deceased Academicians, we have naturally chosen advise my young friends to choose the fields for their from among living candidates; now we have to choose walks. Nature has always something in store for those the successors of living members, we cannot do bet- who love her and seek her favors. You will be sure ter than to select from dead candidates."
to see more birds in the green fields than on the roadside. Secure from the boys who may be idling along the road, ready to let fly stones at them, they rest
longer on the perch and feel more at home there. Then, OUR ROBINS.*
as Lyman and I did, you will find many a familiar
Aower that, in these by-places, will look to you like the At a short distance from the village of S—, on the face of a friend ; and you may chance to make a new top of a bill, and somewhat retired and sheltered from acquaintance, and in that case you will take pleasure the roadside, lives a farmer by the name of Lyman. in picking it and carrying it home, and learning its He is an industrious, intelligent, and honest man; and name of some one wiser than you are. Most persons though he has but a small farm, and that lying on bleak are curious to know the names of men and women stony bills, he has, by dint of working hard, applying whom they never saw before, and never may see again. his mind to his labor, and living frugally, met many This is idle curiosity; but often, in learning the comlosses and crosses without being cast down by them, mon name of a flower or plant, we learn something of and has always had a comfortable home for his children;
its character or use ; “bitter-sweet," "devil's cream. and how comfortable is the home of even the humblesi pitcher,” or “fever-bush,” for example. New-England farmer! with plenty to satisfy the phy.
“You like flowers, Lyman,” I said as he scrambled sical wants of man, with plenty to give to the few up a rock to reach some pink columbines that grew wandering poor, and plenty wherewith to welcome to
from its crevices. his board the friend that comes to his gate. And, added
“Oh, yes, indeed I do like them,” he said; "but I to this, he has books to read, a weekly newspaper, a
am getting these for mother; she loves flowers above school for his children, a church in which to worship, all things—all such sorts of things,” he added, with a and kind neighbors to take part in his joy and gather
smile. about him in time of trouble. Such a man is sheltered them when she was a little girl
, and she and I once
"I remember very well,” said I, “your mother loved from many of the wants and discontents of those that are richer than he, and secured from the wants and attended together some lectures on botany; that is, the temptations of those that are poorer.
science that describes plants and explains their nature." Late last winter Mr. Lyman's daughter, Mrs. Bradly,
“Oh, I know, ma'am," said he, “mother remembers returned from Ohio, a widow, with three children. all about it, and she has taught me a great deal she Mrs. Bradly and I were old friends. When we were learned then. When we lived out in Ohio, I used to young girls we went to the same district school, and we find her a great many flowers she never saw before ; had always loved and respected one another. Neither
but she could class them, she said, though they seemed she nor I thought it any reason why we should not,
like strangers ;
and she loved best the little flowers that she lived on a little farm, and in an old small she had known at home, and those we used 10 plant house, and I in one of the best in the village; nor that about the door, and mother said she took comfort in she dressed in very common clothes, and that mine,
them in the darkest times.”
Dark times I knew my poor friend had had-much • This is the story promised in our last No., from Miss Sedg. sickness, many deaths, many, many sorrows in her wick's “ Love-Token for Children.” It is, in the language of family; and I was thankful that she had continued to the writer on Sunday Schools, " a touching and instructive les. son to young readers ;" yet "Mill Hill,” or “ Widow Ellis and enjoy such a pleasure as flowers are to those that love her son Willie,” would have been selected in preference, but
them. for their greater length.--[Ed. Mess.
As we approached Mrs. Lyman's, I looked for my
friend, expecting she would coine out to meet me, but If materials for building, straw by straw and feather by found she was not able to do so; and, when I saw her, feather ; for, as I suppose all little people know, birds I was struck with the thought that she would never line their nests with some soft material, feathers, wool, living leave the house again. She was at first overcome shreds, or something of the sort that will feel smooth at meeting me, but, after a few moments, she wiped and comfortable to the little unfledged birds. Strange, away her tears and talked cheerfully. “I hoped,” she is it not, that a bird should know how to build its nest said, “my journey would have done me good, but I and prepare for housekeeping! How, think you, did think it has been too much for me; I have so longed it learn ? who teaches it? Some birds work quicker to get back to father's house, and to look over these and more skilfully than others. A friend of mine who hills once more : and though I am weak and sick, words used to rear canaries in cages, and who observed their can't tell how contented I feel; I sit in this chair and ways accurately, told me there was as much difference look out of this window, and feel as a hungry man between them as between housewives. Some are neat sitting down to a full table. “Look there," she con- and quick, and others slatternly and slow. Those who tinued, pointing to a cherry-tree before the window, have not observed much are apt io fancy that all birds “ do you see that robin ! ever since I can remember, of one kind, for instance, that all hens are just alike; every year a robin has had a nest in that tree. I used but each, like each child in a family, has a character to write to father and inquire about it when I was gone; of its own. One will be a quiet, patient little body, and when he wrote to me, in the season of bird-nesting, always giving up to its companions; and another for he always said something about the robins; so that ever fretting, Auttering, and pecking. I kuow a little this morning, when I heard the robin's note, it seemed girl who names the fowls in her poultry-yard according to me like the voice of one of the family.”
10 their characters. A lordly fellow who has beaten “Have you taught your children, Mary,” I asked, all the other cocks in regular battle, who cares for u to love birds as well as flowers ?"
nobody's rights, and seems to think that all his com“I believe it is natural to them,” she replied ; " but panions were made to be subservient to him, she calls I suppose they take more notice of them from seeing Napoleon. A pert, handsome little coxcomb, who how much I love them. I have not had much to give spends all his time in dressing his feathers and strutmy children, for we have had great disappointments in ting about the yard, is named Narcissus. Bessie is a the new countries, and have been what are called very young hen, who, the gh she seems very well underpoor folks; so I have been more anxious to give them stand her own rights, is a general favorite in the poulwhat little knowledge I had, and to make them feel try-yard. Other lively young fowls are named after that God has given them a portion in the birds and the favorite cousins, as Lizzy, Susy, &c. But the best loved flowers, his good and beautiful creation."
of all is one called “Mother,” because she never seems “Mother always says,” said Lyman; and there, to think of herself, but is always scratching for others; seeming to remember that I was a stranger, he stopped. because, in short, she is, in this respect, like that best, " What does mother always say ?" I asked.
kindest, and dearest of parents, the mother of our little “She says we can enjoy looking out upon beautiful mistress of the poultry-yard. prospects, and smelling the flowers, and hearing the To return to the robin. She seemed to be of the birds sing, just as much as if we could say they are quietest and gentlest, minding her own affairs, and
never meddling with other people's; never stopping to * Well, is it not just so ?” said Mrs. Lyman; “ has gossip with other birds, but always intent on her own not our Father in heaven given his children a share in work. In a few days the nest was done, and four eggs all his works? I often think, when I look out upon the laid in it. The faithful mother seldom left her nest. beautiful sky, the clear moon, the stars, the sunset Her mate, like a good husband, was almost always to clouds, the dawning day; when I smell the fresh woods be seen near her. Lyman would point him out to me and the perfumed air; when I hear the birds sing, and as he perched on a bough close to his little lady, where my heart is glad, I think, after all, that there is not so he would sit and sing most sweetly. Lyman and I used much difference in the possessions of the rich and poor to guess what his notes might mean. Lyman thought as some think ; 'God giveth to us all liberally, and he might be relating what he saw when he was abroad withholdeth not.'”
upon the wing, his narrow escapes from the sportsman's "Ah!” thought I, “the Bible says truly, “as a man shot, and from the stones which the thoughtless boy thinkeih, so is he.' Here is my friend, a widow and sends, breaking a wing or a leg, just to show how he poor, and with a sickness that she well knows must can hit. I thought he might be telling his little wife end in death, and yet, instead of sorrowing and com- how much he loved her, and what good times they plaining, she is cheerful and enjoying those pleasures would have when their children came forth from the that all may enjoy if they will; for the kingdom of shells. It was all guesswork, but we could only guess nature abounds with them. Mrs. Bradly was a disciple about such matters, and I believe there is more thought of Christ; this was the foundation of her peace; but, in all the animal creation than wc dream of. alas, all the disciples of Christ do not cultivate her wise, Once, when he had been talking in this playful way, cheerful, and grateful spirit.”
Lyman's mother said, “God has ever set the solitary I began with the story of the robin-family on the birds in families. They are just like you, children; cherry-tree, and I must adhere to that. I went often better off and happier for having some one to watch to see my friend, and I usually found her in her favo- over them and provide for them. Sometimes they lose rite seat by the window. There she delighted to watch, both their parents, and then the poor little birds must with her children, the progress of the little lady-bird perish; but it is not so with children ; there are always that was preparing for her young. She collected her some to take pity on orphan children, and, besides, they
can make up, by their love to one another, for the love |“Is it not strange,” said Lyman to me, “ that any one they have lost.”
can begrudge birds their small portion of food? They I saw Lyman understood his mother; his eyes filled are all summer singing for us, and I am sure it is little with tears, and, putting his face close to hers, he said, to pay them to give them what they want to eat. I “ Oh no, mother! they never can make it up; it may believe, as mother says, God has provided for them as help them to bear it.”
well as for us, and mother says she often thinks they When the young birds came out of their shells it deserve it better, for they do just what God means then was our pleasure to watch the parents feeding them. to do.” It was easy to see that Lyman had been Sometimes the father-bird would bring food in his bill, taught to consider the birds, and therefore he loved and the mother would receive it and give it to ber them. young. She seemed to think, like a good, energetic Our attention was, for some days, taken off the birds. mother, that she ought not to sit idle and let her The very night after the robin's death, my friend, in a husband do all the providing, and she would go forth fit of coughing, burst a blood vessel. Lyman came for and bring food for the young ones, and then a pretly me early the next morning. She died before evening. sight it was to see them streich up their little necks to I shall not now describe the sorrow and the loss of the receive it.
poor children. If any one who reads this has lost a Our eyes were one day fixed on the little family. good mother, he will know, better than I can tell, what Both parents were perched on the tree. Two young a-grief it is; and, if his mother be still living, I pray men from the village, who had been out sporting, were him to be faithful, as Lyman was, so that he may feel passing along the road. “I'll bet you a dollar, Tom,” as Lyman did when he said, “Oh, I could not bear it said one of them, “I'll put a shot into that robin's if I had not done all I could for mother !" head." “Done !” said the other; and done it was for The day after the funeral I went to see the children. our poor little mother. Bang went the gun, and down As I was crossing the field and walking beside the little to the ground, gasping ard dying, fell the bird. My brook I have mentioned, I saw Sam Sibley loitering poor friend shut her eyes and groaned; the children along. Sam is an idle boy, and, like all idle boys I burst out into cries and lamentations; and, I must ever knew, mischievous. Sam was not liked in the confess, I shed some tears, I could not help it. We village ; and, if you will observe, you will see that those ran out and picked up the dead bird, and lamented over children who are in the habit of pulling off fies' wings, it. The young man stopped, and said he was very throwing stones at birds, beating dogs, and kicking sorry; that if he had known we cared about the bird horses, are never loved; such children cannot be, for he would not have shot it; he did not want it; he only those that are cruel to animals will not care for the shot to try his skill. I asked him if he could not as feelings of their companions. well have tried his skill by shooting at a mark. “Cer At a short distance from the brook there was a rocky tainly!” he answered, and laughed, and walked on. mound, and shrubbery growing around it, and an old Now I do not think this young man was a monster, or oak-tree in front of it. The upper limbs of the oak any such thing, but I do think that, if he had known were quite dead. Sam had his hand full of pebbles, as much of the habits and history of birds as Lyman and, as he loitered along, he threw them in every direcdid, he would not have shot this robin at the season tion at the birds that lighted on the trees and fences. when it is known they are em red in rearing their Luckily for the birds, Sam was a poor marksman, as he young, and are enjoying a happiness so like what hu- was poor in everything else; so they were unhurt till, man beings feel; nor, if he had looked upon a bird as at length, he hit one perched on the dead oak. As Sam's a member of God's great family, would he have shot stone whistled through the air, Lyman started from it, at any season, just to show his skill in hitting a behind the rocks, crying, “Oh, don' mil's our robin !'' mark. We have no right to abate innocent enjoyment He was too late ; our robin fell at his feet; he took it up nor inflict unnecessary and useless pain.*
and burst into tears. He did not reproach Sam; he The father-bird, in his first fright, darted away, but was too sorry to be angry. As I went up to him be he soon returned and flew round and round the tree, said, in a low voice, “ Everything I love dies!" I did uttering cries which we understood as if they had been not reply, I could not. “How sweelly," resumed Ly. words; and then he would flutter over the nest, and man," he sung only last night, after we came home from the little motherless birds stretched up their necks and the burying.ground, and this morning the first sound answered with feeble, mournful sounds. It was not Mary and I heard was his note; but he will never sing long that he stayed vainly lamenting. The wisdom again!” God had given him taught him that he must not stand
Sam had come up to us. I saw he was ashamed, and still and suffer, for there is always something to do; a I believe he was sorry too ; for, as he turned away, I lesson that some human beings are slow to learn. So heard him say to himself, “By George! I'll never fling off he flew in search of food ; and from that moment, as another stone at a bird so long as I live." Lyman told me, he was father and mother to the little It must have done something towards curing his bad ones; he not only fed them, but brooded over them just habits to see the useless pain he had caused to the bird as the mother had done; a busy, busy life he had of it. and the bird's friend; and the lesson sank much deeper
than if Lyman had spoken one angry or reproachful • Lord Byron somewhere says, that he was so much moved word, for now he felt really sorry for Lyman. One by seeing the change from life to death in a bird he had shot, good feeling makes way for another. that he could never shoot another. I may lay myself open to the inculcation of a mawkish and unnecessary tenderness, but
To our great joy, the robin soon exhibited some I believe a respect to the rights and happiness of the defenceloss signs of animation; and, on examination, I perceived always does a good work upon the heart.
he had received no other injury than the breaking of a