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THE SS LEGISLATURE Marshal Packard on the Mechanics' Institute Order. TESTIMONY OF MR. J. R. BECKWITH. Durell Finds a Precedent in an Order of JLord Bacon. In the Herald of yesterday we presented the testimony of Mr. G. 0. Billings on Judge D irell'a famous order suppressing the McEnery Legislature. The following is the evidence of Marshal S. a Packard, President Grant's brother-in-law, on the same subject:? Question. Are you holding any official position? Answer. I am United States Marsnal for tue district of Louisiana; I was appointed in April, lsfiy, and have hold it ever since. Q. Yon were United Mates Marshal on the 16th of December, 1872? A. Yes, sir. Q. State whether or not, as Marshal, an order won piaueu in your nanus, unuer wnicn me seizure oi the Mechanics' Institute building was made in ihe case 01 Kellogg vs. Warmoch and others. A. Yes. air: I seized the building under that order. Q. Is that the original paper r (.Paper nanded witness.) A. Yes, sir; that Is the paper that was delivered to me on the evening ol the 6th of December, and executed the same night. q. Have you made any return 01 that to tho Court f A. No iormal return. q. Is there any reason why that was not returned r A. No more than that the paper wa9 mislaid In the ofllce; 1 supposed, until Inquiry was made, that it bad been returned. Q. were yon present WUKN THB OHDER WAS DRAWN CP T A. Yes, sir. q. Who, beside yourself and Judge Durell, was present at the time that the order wus drawn 1 A. 1 he two solicitors, Mr. Billings and Mr. Beckwlth, and oue or two of my deputies; this paper la In the handwriting of my deputy, Mr. T. W. Do Kivne. 0. .state the circumstances of the Issuing of that order 1 A. About nine o'clock that evening ?udge Durell sent to my omce lor me to come to hm room; his room was at the corner ni bourbon and custom House streets; 1 went to bis room with Mr. De Kline. q. When you reached his room who was there f A. 1 think there was no one in the room at tne time; If auy one was there it was some person who had been lett there as a sort 01 guard to prevent assassination; I had sent one or two persons there to guard the hallway, as there were great tears that Juuge Durell would be assassinated; when I got to the room he told me that he wanted me to send lor Air. tunings and Mr. Beck with; that he proposed issuing an order Ibr the occupation of the Institute building, which Is the State House; I seut some oue ol the men for them; tbey came very soon and he told them the same thing; they set about preparing tne order, aiter consulting over the matter; the Judge, I think, dictated the order, and Mr. Biliiugs sat at the table writing it; that is my recollection; of course 1 may ie lu error ou some minor points; alter It was completed my deputy, Mr. De Klyne. sat down ana made a cteau copy of the order, to which the Judge attached his signature; it was then handed to me, aud 1 immediately sat about* to execute the oruer, which 1 did by calling on General Emory lor a detachment ol troops, and ocoupked the ouliaing that same night. Q. Had iou received any information before this time?at the time yon went to nte room that night? that any such order was to be Issued, or any action ol that Kind was contemplated? A. No, sir; I had no knowledge of that kind until I arrived at the room. Q. How long were you there at the room? A. I am unable to say; probably an hour, possibly an hour and a half; I left as soon as tue order waa placed In my bands, and 1 did not retnrn. <J. Did Judge Dureil mate any statement to you there as to who had instigated the proceedings? A. NO. My lniormatton was that it was his own motion; 1 thought that none ol tne solicitors had Instigated It, as they expressed some surprise when informed about it; 1 thiiiK they asked the Judge II he had considered the matter; the judge said that he had, and ne was determined on it. IT WAS Aid. ON His OWN MOTION ; we hid no knowledge of anything ol the kind about the Custom House or anout our political Headquarters, and 1 saw Governor Kellogg mat evening, and fle knew nottung about It, so I presame It was wltn the Judge himself; 11 any one suggested It to him 1 do not know it. q. Are you Intimately acquainted with Judge Dureil? A. Yes, sir. q. often about tne Court? A. Yes; 1 meet him socially, but not very frequently. q. btate what was bis condition that night as to sobriety. A. Perfectly sober, so far as there was any apparent indication; there was no evidence or anyttuug to drink snout the room, that I saw at ail, and am quite certain tnat he had not been out ol his room: It was not saie for him to go out unat tended, and I think he has told me since that he dined that day la his room alone. q, Is this paper a part of the order ? (Paper handed witness.) A. Yes, sir. q, That came Into your hands along with the order ? A. Yes, sir. q. What was the official character of those persons that by this order were to be prevented from assembling In the Institute builuiug? A. They are the Individuals that compose what was known as the Mchnery Legislature; u was not, as I understood it, the purpose of the order to luterlere with the egress or ingress of persons who had been elected to the Legislature, or who occupied offices of the State government; on the coutrary. the Judge's verbal order to me was not to lnteriero with them, and he said that the obiect of the order was to hold the building so that ii ue wished to issue orders thereatter he could get into the building; he thonght the Govomur might barricade it so as to prevent access, as he had done before, and prevent the entry ol deputy marshals. Q. That he gave you in addition to this order t A. Yes, sir. Q. There were returns of election in the bnilding which the Court wanted to control? A. Yes, sir. q. Who are those persons who are mentioned in thle paper attached to tnis order?what official capacity ? A. Members ol tne Senate and bouse of Representatives, us returned by the Wiltz-De Ferlet returning board, promulgated by Governor Warmoth. q. You say, pursnant to this order, yon did take possession ol the Institute? A. Yes. Q. 1 will ask yon whether or not on the day succeeding the Issuance ol this order it was understood that these parties would assemule In Mechanics' Institute building as a Legislature? A. A largo nnmKo? rti t hauu noruiina nn this Mat isroro aian rn. tamable oy the other Returning Board, but 1 do not know what was understood with reference to the matter, lor we had no knowledge at the time what would be done; the lacr Is, they did not attempt to assemble, that Is, those who were not returned by the Lynch Board did not attempt to assemble there. By Mr. Kldredge?Q. Was there any day fixed by the law that these people were expected to assemble? A. The governor had issued a proclammatiou convening the legislature in extra session, the ?th of December, lollowmg the date of this order. q. How long did yon bold possession of tho banding under that order? a. Until Oovernor Kellorrg was inaugurated. q. What was the date? A. In January, about the second Monday. q. Has tliat order been rescinded, as yon know or? A. Of record I think not, although 1 do not know. q. Were there aay further orders of the Court to you? A. Yes; l applied to the court lor permission to remove my officers irom there, and it gave me vernal permission to dq so. Wnenl removed my officers 1 also removed the posse ol troops. q. When vou left Judge Duron's office, on this occasion, where did you go ? A. 1 went to the St. Louis Hotel; 1 went to see General Emory. q. You say you took possession of the building under this order? A. 1 did. q. Wbat did you do ? A. I went to tha St. Louis Hotel and made a REQUISITION ON GENERAL EMORT for a company of troops, and an arrangement was made at once, and a staff officer was sent with my deputy to give the necessaiy directions lor the troops and put them uuder the dliectionof the deputy. After that was arranged at the St. Louis Hotel the deputy went to get tne troops, q. Was that a part of the order oi Judge Durell? A. No, sir; he had nothing to do with that. q. Did yon and he talk over the manner in which you were to take possession ? A. 1 do not recollect that he gave any instructions about the matter. q. Did he and you talk over the manner in which you were to execute the order ? A. Prom recollection I could not say, bat very likely 1 did, because I intended to use troops. q. Did be anu you talk over the fact that yon were to make a renulsition lor United States troops T A. I cannot say whether i did of not, I think It very probable I did. , ... . q. In what lorrn did you make a requisition for troops? A. In the usual lorm; that 1 requested a large number oi troops lor the purpose 01 aiding my deputy in executing the piocess in my hands. q. Have you a copy 01 the requisition? A. 1 may bave on my letter book; but, as It was made in haste, 1 may not bave preserved a copy. q. Was It in the iorm of a letter? A. It was adIressed to General Kmory, something alter the lorm o( a letter. q. Was it a requisition In your own name as Marshal? A. Yes, sir; signed by me as Marshal. q. Yon had a personal interview with General emorv? A. Yes, sir. q. He then sent a member of his stair, directing tlm to obey the orders of the Deputy Marshal? A. ' q.' What deputy Marshal of yours was that? A. (think Colonel lie Elyne; I scut Colonel be Klyne and Mr. Long, also oue of my deputies, to occupy ibe building. q. Wbat time did yon have this Interview with General Emory? A. I may state somewhere from ten to eleven; it was alter I lett the Judge; 1 went directly Irom the Judge's room to the hotel where General Emory was stopping; I there made a reauiAlUQB i&4 ?&vc tu? oi'dcrit KIW rORJK [ Q. Did the member of bis stair go with yon? A. No. sir; I went home fro'ii the hotel. a; g. Wiu jour vitality witb you at the time yon made the requtsil on ? A. Yea, sir. It g. And the member of me stuff went with your m deputy 1 A. Ye*, sir. t< Q. Do you know at what time they took posses- 01 ton of tne building? A. It wa?. I think, between w twelve and two o'clock; the pieclse hour 1 tuu ci unable to state. w g. Did they go escorted by a company of United tt mutes troops? A. 1 have no Knowledge of thai. si Q. When did you next se? the bnildngf A. I VN cannot say. Possibly 1 may have gone up some oi time the toliowing day; 1 am not certain. oi g. Was tne ouiidiug then In the possession of oi your deputy v A. Yes, sir. di g. Were the firmed States troops there t A. Yes, s r. 1 had iiironnauou aU the time of what tl wus going ou at the bntldiug. m g. oo you know, as a matter of fact, whether the at troops ucconi|.aiiied your deputy when they took c< possess.ou of the builafng r A. I do not know. I it Imvc no doubt tuat they did or came very soon after. ci g. Where was yonr deputy to go to get the w troops? A. My understanding was That they were iu no to ino MOUIIU uuu IMIIO IUIIUUIW i.epui, una 11 I the Gcueral said there were some troops on the dl I way irom Florida, and were expected that nignt. tt They went to the depot and louud them there and 01 took a detachment right irom the depot to the Institute. Is y. ilow many soldiers accompanied them 1 A. 1 do not know. It y. How many were theie when yon went there? la A. I think It was an artillery company; I think ui there was a company, possibly there might have tt been a part 01 two companies; 1 should think i;,o le men; there might, lie more and there might be less, ai q. Did they have their arullery with them Y d< A. No, sir; they were armed as In urn try, 1 be- hi Ueve. tc y. Who was occupying the building at the time G< your deputy took possession f A. The Qovernor la and Stale officers. Ji y. What Governor I A. Warmotfi. * y. What officers ? A. The Secretary of State had A an office there; 1 thLik. at that time n was General rc Ilerron. H K. Wnat else? A. Lieutenant Governor Pinch- hi back had a room In the bunding; 1 ihlnk the Re- d< turning Board tnat was named in this proclamation were using some one of the rooms in the building, w y. Which Returning Board was thatf A. The Wilts De Fenet Returning Board. ki Q. Were these person there at the time your deputy took possession? A. My deputy made a re- y< port ol the occupation, and he stated that there A. was no one there but watchmen or policemen; io they were policemen acting as watchmen lor the et bnl.ding: how many were tuere 1 do not know. oi y. You dld?not understand whether any oi these pi persons, claiming to be officers of the state, were ki in the building at the time? A. I understand that there were none at the tune; some of them ealled di some time alteraard. y. Did your deputy take possession of such doc- si nuients as were in the bunding? A. No, sir; ho w took possession or nothing; he simply occupied 1, the building without interiering with anything. II Uinrn tlinufi TVTHfYnn allniVPfl In Oil In nnrl nntt ai a. Yes, sir; that was bis instructions, and be reported tiiat be did not lnteriere with them. ui Q. Did mey continue in the building? A. Tea, lc bir; some time alter ward. w Q. How long did they remain tnere? A. The? remained until after tffe Impeachment of the Gov- b< ernor. Q. When was that? a. The 9th of December, w when the Legislature met; then Governor Pinch- a back occupied the Executive office and be re, mained there until Governor Kellogg waa inaugu- ai rated. bi Q. Were they not instructed by Judge Durell to m take possession of the returns? a. No, sir. iu q. Did you have any conversation with him ( ci about them? a. None that I recollect of; 1 have Btuted to the best of my recollection tbe only In- M structions 1 received, n q. Did you uot say that it was expected that you ti should find the returns there? a. 1 stated that nl tbe returns were there, and It waB expected that u we should get them so that they coud be under the control of the court it wanted. li Q. in what way were you controlling tnem? a. c< The Court had ordeted tbe Uovornor to bring the w returns into Court and be had not obeyed these ic orders up to that time. q. What did the Couit expect yon to do with w these returns? A. Nothing whatever; he gave mo ii no instructions Id regard to toe returns. o. You stated that the Judge gave you verbal r< orders uot to inter ere with the Legislature going hi in theie? A. No, sir; Idid not state that; he said oi onlv not. to intai lere With tho nftloors! tnaro wus no Legislature meeting there at tuat time. yt q. What instructions, U any, in addition to those In the order, were given you about the removal of ci persons there V A. None at ail. q. Then all that he said relating to those State B officers was independent 01 the order yon have mentionedt A. It was all embraced in the written u order upon which he gave me verbal directions. q. What instructions, it any, did lie give yon g about persons claiming to be elected to the Legia- Ci latum? A. 1 have no reoollection 01 his mention- 91 ing it to me at alL tl q. Tnenjrou were lelt to yonr discretion npon this part 01 the order?"But the Marshal is directed b to allow the ingress and egress to and from the > u public olUces in said building ol persons entitled to 1 b the same;" you had no special instructions lu re- g, gard to who these persons were entitled to pass in p and outr A. 1 nave no recollection of any; 1 can state what my impressions were. a q. Then you considered, and do now consider, a that you were left to your own discretion in determining who were entitled, under that clause of g( the order, to go in ana out of the building? A. Yes, : b sir; that^s the way i understood it at tne tune and ci so understand it now. a Q. How long did you t< HOLD POSSESSION OP THE BTTILDINO Bl under that order? A. Until alter the inauguration c of Governor Kelloyg. q. Give us the date? A. I cannot tell the date si that the troops were withdrawn. n q. Did the United States troops remain there in u possession with your deputy during that tune. A. <51 They did. Bi q. Subject to the command of the deputy all the w timer A. Yes, sir; they were quartered in the lolt 1 jt 01 the buildlug, with a guard down by tue dour; ti the guard stood there with the deputy marshal, tl down by the door; alter the first day or two there g< was no attention paid to who went in or out. tl q. Dlu any person apply lor admission to the 0I buildlug w ho was refused? A. 1 understood that w Governor Warmoth, when be first applied, was re- ^ fused, at least until the deputy was called, and as soon as he was called he passed the Governor in; 1 also understand that General McMHlau was stopped at the door when the building was flrrt occupied; be was Senator at the time and he was " detained at the door until tne deputy arrived, 01 when be was aomitteu: I recollect these circuui- 0] stauces because it has been called to my attention in the examination last winter; 1 recollect none . others. a q. Was there any effort of those persons who claimed to be counted In by Warmoth and ?' his Board to assemble In that building ! T( alter you took possession? a. Yes, sir; 1 11 some of them went there ; they were j 11 returned bv the WilU-Dc Fenet Board, bnt thev were men wlio were also returned by tbe Lynch 8 Board. 11 q. Old any that were returned by Warmoth 0 alone apply tor admission? A. None to my knowl- Ci edge. . U- Have yon any Information of that kind from |s your deputy? A. None at all. q. Were any members of the Legislature per- * mltted to assemble during the time .vou held the b' building? A. The Legislature assembled on tbe btta. 11 q. What Legislature was that? A. The state Legislature; the Legislature known as the Kellogg w Legislature as distinguished irom the other. c< q. Wnere old they assemble? A. The members *P of the House assembled in the hall cn the second floor and tne members of tbe Senate in tbe ball on " the ttrst floor. q. Old they sit during the time the building was M in possession of United States troops? A. Yes, sir. ? q. Were the doors guarded by United States ^ troops at the time? A. There were troops in sight; v they were standing on either side of the door, but w not interfering with the ingress or egress of the people. ?' q, Was the general publto allowed to go In and f out? A. Yes, sir; so lar As they wanted to. {J; Q. Were no distinctions made? A. Not to my f knowledge. q. What doors were guarded by the soldiers? A. JJ The iront doors ol the main entranoe. j q. Hid that fiout door open immediately Into the i 11 legislative ball? A. No. sir; H opened into a pas- j n sageway; tbat passageway, or a continuation of it. ! ? went to tne door ot the benate Guamber; then upon i r| either side of the passageway, a lew leet from the 81 door, were stairs whieh lea up to the hall of the ' House of Representatives. " q. Were there any soldiers Inside of the build- I" in a? A. Yes. sir; oa either side oi the stairway. w y. Did ttiey pass up and down going to and from 18 their quartersv A. Yes, slr;,tbey went up the same ' ai stairway that the memhers of the House went up; " but they did not pass through tne hall of the House ttl 01 Kepresentatives, neither did they pasa through " the hail 01 the Senate. , y. Don't you know from Judge Durell that It waa Jl understood between you and him that the War- * moth Legislature was not to be permitted to as- 11 semble there? A. 1 had no understanding of that *' kind at all. " Q. Was not that the purpose of this proceeding? " to prevent that Legislature from assembling? A. 11 It 1l was i did not understand It so, for at the time 8< of the issuance of the order we had no expectation *J of the Legislature assembling as they aid alter- 1 ward; as I have stated, my impression was that B< the purpose or the Court in occupying the building * was to have It so as they could get at'it. 81 y. Did he tell yon that was the purpose? A. I 11 cannot say that be said that in words; that was 81 the Impression left on my mind; perhaps be may 18 have said It In so many words. c< y. Was that impression irom what he said? A. c* The impression waa from what 1 learned while la ?J tne room. " q. Did the Jadge say anything that gave yon 8 that impression? A. 1 oannot recall any conversa- 11 tion with reference to it at all. * y. Have you any ruusou w nouovc ue jangs told you anything that led you to Inter that was 1 the object? A. 1 nave a recollection that when tne ri order waa being drawn, in a conversation with w some one In the room, that the Judge In Instating n upon Issuing the order, stated that his purpose was *' to occupy the building, and that at once, lor/ear that Warmoth would garrison and barricade the building, so that his officers oould not get In and o make a service; lor If he issued an order which required an officer to go into the building and serve d It upon the Governor be might be denied admis- li slon and it would cause bloodshed. * y. That the Judge stated? A. I recollect some- d thing o< that hind being stated in the room. h HERALD, SATURDAY, 1 a Were some of the parties remonstrating ' net this order? A. 'lite soUeitornwpre Inquiring WUKTKKK THI Ji Ui.it HAI> t ONSIDKifKP well, and 1 tinnk they also asked whether a lO'ion bad not better be made in open court than t Have the order issued In chambers; the Ju ige'a oject, an appeared to me In >he conversation, htcli 1 did not engage in particularly, wj? to ot> ipy it Immediately in thin manner, and no: to ait until tne Court opened in toe morning; and liupie. ned n.e, i?r lie himself must have had imelnfoimutlon wldch led him to believe that arinoiit intended to barricade the building at ; nee, which accounted for the haste in lssuiug the rder; all that waa Bald about the objector the r.ier and purpose of it waa while it waa being i rawn. y. Vou are sure tbat hla attention wan called to 1 te fact that it would be better to issue this order [ i open court man to issue it ex parte r a. i hid ?certain an I etui be whnu I cannot repeat the )r.vernation; tlie impression la on my ulna that was said. y. Ami that, too. by the solicitors for the prose* ittonf A. The presumption Is that It was: they ere engaged with tne Judge In draltmg the order, y. Now, when you abandoned thu possession of m bonding undot this order by what authority Id you do so r A. 1 saw the Judge in retereuoc to le matter and learned irom him that he had no ujection, and 1 got his verbal permission to do so. y. W here did you see him f A My recollection i that, it was in his chambers, at the court uouse. y. What day T A. 1 cannot recollect the time; was somewhere about the 13th of January; how ng after we took possession oi the building I am uable to state; the oilicer iu coiumauu of the delehmeut came to my oltlce and stated that he hud it his wile in Florida, and they had just mode rrangements there lor housekeeping, and some . omestic a (fairs tnero needed his attention, anda asked that, if 1 hud no objection, he would like > be relieved and return to Florida; he said that eneral cmory believed that there was no occasion >r the troops being there lurtiier; I went to the ldge in Chumoers to get his orders, y. What conversation did you have with him t . I asked him if there was any objection to my dieving the Marshal and his lorce b om the State ouse, which 1 was still occupying nuder hiH order; i siated that there wad none; then 1 recalled the aputy. Q. There was nothing In the court directing the itborawal r A. Mo. sir. y. The order was not rescinded f A. Not to my lowiedge. y. And yon have kept the order ever since in )ur possession until you brought it here to-day T 1 . Yah. sir: a coot oi th? order wan in t.h* ror.nrrf. r 1 hud a transcript made tor trie Attorney Gen ai; copies of it were made the same day, but the -iffinal order liappeued to be mislaid unions the iper* on the desk of my deputy, and 1 md not aow where It was; it was overlooked. Q. Have you ever made any return of your slugs under that order of the Court? A. No, sir. Q. While the troops rematued there In posseson of the building, did you have any interviews lth Judge Dureil? A. I do not recollect of any; of course, saw lilm frequently. Q. Did he Inquire of you what you were doing id how yon bad executed the order? A. No, sir. Q. Did you not inform him of what you had done n'ler the order? A. 1 may have possibly lnirmed him afterward to what extent the order as carried oat. Q. Did yon or did you not? A. I do not rememsr doing it. Q. Did you at any time Inform blm that yon had ithdrawn irom the possession of tlio building? . 1 have no recollection oi it. Q. Were you at any time remonstrated with by ay citizens or otUers lor holding possession of the sliding? A. No; 1 do not remember having any relonstrance made to me with reference to the , latter at all; I saw in the newspapers articles riticising me?in democratic newspapers. Q. But no appeal was made to you personally as nrohal? A. No. sir: almost as soon as the build ig was occupied 1 at once took measures to put le troops where they would be out of the way ot 11 the officers who had offices In the buildiug, and intruded the deputy not to interfere with them. Q. Would you have had auy difficulty In executig that order without procuring troops? A. I juld not have executed it without; Governor 'armotu resisted everything except superior irce. q. But you say there was nobody there but atebmen ? A. There were policemen there actig as watchmen ol' the building, q. By what authority did you assume to make sqmsitlon for troops ? A. 1 had a process in my tiuds and was unable to execute it with the force I my offlce. q. Did .vou make any effort to execute it r A. I as well awars that I could not execute It. q. Did you make any effort to procure a posse juutatus of citizens ? A. No, sir. q. You sent in the first Instance for troops ? A. y law the troops can be used by the Marsnal ir enforcing an order without making any call Don the posse comltatns. By Mr. wusou?q. 1 understand you to say that oveinor Warmoth had issued a proclamation ailing an extra session of the Legislature for the th ot December, 1872 ? A. That is my recoliecon. q. Do you know whether the parties who had cen declared to be elected by the De Feriet Hoard id afterward attempt to assemble as a legislative ody: and, ii so, where was it they sought to ascmble or did assemble? A. 1 only know it from ubllc report. q. Where was that ? A. They had their sessions t the Odd Fellows' Hail; the first time, I believe, t Lyceum Hall. Q. Do you know whether inunctions were erved upon members or reputed members of that ody, individually, A3 they went there ? A. In this ase there was a restraining order Issued against great many persons: it wasglven tor the deputy j serve; the manner ol the service, the time of srvice, 1 have no knowledge of, except by referuce to the returns. q. This particular order of which we have pokeu was not then served upon the individual lembers ol that body ihat assembled at Lyceum all ? A. J think they first assembled at Ly>ii m Mali? t.hp riA.iiitipa. wliAn t.hia rn training order was first placed in their bands, ent about the citato find ibe persons mentioned i tiie order and make service ou them; what parcular da; they served It 1 cannot sav; 1 can say mt one of my deputies told me tUat lie served yveral about the City Hall on Monday morning? le morning that the Legislature convened; 1 recLlect the circumstance that one person, when he as handed the paper, tore It up with some relark derogatory to the United States Court. THE TESTIMONY OF MR. BECHWITH. As a still lurther description oi the scene on the ight when the order was Issued, we print a part l the testimony of Mr. J. R. Beckwltb, who was f counsel with Billings and Hart in the case Q. Who drew the bill in the Kellogg case? A. I id. Q. What was tte first step taken In that case Iter the bill had been preparedr A. It was sworn ) by Mr. Kellogg; I took the bill to Judge Durcll, i ins room adjacent to the courtroom, and subdued it to him. Was It In that proceeding the Mechanics' Intitule building was seized by the United states larshal? A. lnardly know, sir; I never saw the nler alter it was signed; 1 do not know In which ase that order was issued. if. What connection, li any, did yon have in the suance of that order r A. I stated the matter lily in my testimony beiore the Committee on rivileges and Elections ol the United States enate, last winter, when my recollection was line iieaii bimu u is uuTT. <j. The statement that .tou made then, and afterard published by the committee. Is substantially jrrect, is It notr A. X never read the report; I resume that It is. Q. Did yon make any application to the Judge to isue auy such order in that case f A. None, ij. Who was associated with you on the part of [r. Kellogg t A. My impression Is that my name ppears as the only solicitor and counsel In the id; but a short time alter the bill was filed Mr., filliam XI. Hunt and Mr. Billings was associated Itn me. Q. Did yon, or either of thoso gentlemen whom ou have named, with your knowledge, make any pplication to judge Durell for such au order, or >r any order In reference to the seizure of the lectianics' institute building t A. I did not. 'Q. Wnendidyou first know that such an order as to be issued, or that any order was to be Issued 1 lease state all the circumstances, aud also state the me or day or night it occurred. A. Some time in the ignt; my recollection is that It was about teu 'clock, or in that vicinity?I know I was about to itire?when some one came to my house and ;ated that Judge Durell was anxious to see me. somewhat demurred to going out at that time of ignt, but was told that It was an act of some imortance. I then, as soon as 1 got on my clothes, eut to Judge Durell's room, and my recollection that on my way there 1 met Mr. Billings. I sued him what was the matter or occasion of tiling us out at that time or night. I tnlnk he uswered me that he did not know; at least I got o Idea from him as to what was the matter, and I tpposed that it was something growing out of rdge Durell's apprehension of personal danger, hich was great. I reached his room and found lere Judge Durell, Mr. De Klvne, Mr. Packard, no, 1 suppose, some half dozen other people, 'ho, I concluded, were a sort of body guard mt had been posted about there to reeve Judge Durell's apprehension of violence; line one. I do not know who It was?I think it as Judge Durell?asked me to look at an order lat he had made and to make some suggestions houtlt; a rough draugnt of the order, which as enustanUaliy the one I have seen printed uce, was lying on the table; I do,not remember ow in whose handwriting it was; i read it over, nd Judge Durell announced that he was going to sue it; we did not tutak there was any other tune for htm, If they persisted In defying his >urt; I then made some modification of the terms t tne order; I added these words, "The Marshal i directed to allow Ingress and egress Into the ild building of persona entitled to the same lat amendment seemed to be satisfactory and as accepted; 1 was unwell, and started to leave >r my honse again, and as 1 left Judge Durell topped me at the door Oi his room and made some smark about the constant threats of violence that ere being made, and the faot that they were tterly disregarding his orders; that he thought le order was proper, and my racollectlou la that e stated the fact that LORD BACON MADB BOOT 8TTCH ORDRR, r took Bome such action, while chancellor. q. How long were you there that evening? A. I 0 not think Iwas there ten minutes; I will state t tnis connection that when I lelt some person 'as engaged In copying the order; the original raught of the order was in rather an Illegible and. FEBRUARY 21, 1874.-TRII Q. Did you leave before Mr. BtlHnga did t A. 1 could not tell you. ?V. vVuh anyinlri ' said as to who tiad suggested the iHMiuiiK.e oi k tic 11 mi order r A. Nothing; I bud been ursrlng in the court proceedlngs against the deieodau h iu the lull lor contempt; -tallng as ? reason that the order oognt to lie literal y ellforced. and 1 propounded interrogatorihh to the deieuduu'M, mnl luu some i rouble to get answers, ami I nov r could git the matter heard; it was constantly rostpoued. (J. Dill Vflll tiltVP (1 tin runriQ I Inlorwlow with thA I Jmlge after you went in the r< otn aside from the oilier r A. No, sir; uo oilier than the one I have detailed. q. Did yon notice Judge Dnrell's condition that nl/ht r A. He was then, ?? he had been lor some seven or eight days, under a state ol considerable excitement. My impression then was the same which it had been for several days? liiat he was laboring under bodily (ear. The tunes were very serious th'-n 1 suppose 1 received from ten to twelve threatening letters, and It was said In some of them that 111 appeared on t anal street, 1 would be shot in ten minutes. I used to take mv over' coat and start immediately for Canal street, snd did not meet with any diitlculty. It was a bomhle state of public excitement, and meu were apparently encouraging violence that should have known better. Q.?What was hlH condition as. to sobriety that nlghtr A.?I haven't any idea that lie was intoxicated at ttiat time. In IiIh conversation with me he was perlectly clear. He Ih a inau of very powerlnl memory. I remember in that cotiv rsation with me he allndcd to soine matter that had been fiubltshed In the newspapers, wtiereiu it was aleged that he styled himself iho "vicegerent of Almighty God," ano he complained that trie (oarnals misrepresented what he had said. He also relerrcd to some letter of Lord Hucon upon the conduct of Judges, and In his conversation with me he appeared perlectly clear and lucid, aitnough lie seemed very much excited, as he bad been lor ten dayB past, DURELL AND NORTON Management of the Bankruptcy Business in Louisiana. Norton Keeps All the Proceeds of Bankruptcy Sales for Fees?A Complete Analysis of His Methods of Doing Business. New Oblsans, Feb. 17, 1874. That extortion has been practised to an enormous extent in the United States District Court at Now Orleans, the Congressional committee lately in session In this ctty must be well satisfied of, or at all events, that "just cause" for preferring articles of Impeachment against Judge Durell has been sbown. The lorty-flith section of the Bankrupt set makes extortion a criminal offence. It reads as foil >W8 And be It farther enacted, That if any judge, register, clerk, marshal, ine-sanger. assignee, or any other ultlcer ot the several courts ot bankruptcy shall, for anything done or pretended lo be done under this a>:L or under color ot "doing anything thereunder, wiliully demand or take, or appoint, or allow any pyriiou whatever to lake lor hitn or on his account, or lor or on account of any othur peraou, or in trust lor him or tor any other person, any fee. emolument, gratuity, sum of money, or anything of value whatever, other than nt allowed bv this act, or which shall be allowed under the authority thereof, euch person, when convicted thoreoi, shall torielt and pay the sum ot not less than |3:M, and not exceeding *SuO, and he imprisoned not exceeding three year*. CHOICE OF ASSIGNEES. Section 13 of the Bankrupt law of 1887 recognizes it to be the right of the creditors, if they shall see lit, to choose one or nioro assignees. Indeed, It makes it Imperative upon tbem to choose, but as It was Impossible to force the creditors to action, an alternative was provided"If uo choice is made by the creditors the judge, or, it there be no opposing interest, the register, shall appoint one or more assignees." "Ail elections or appointments of assignees sliall be subject to the approval of the Judge; and when In bis Judgment It Is for any cause ncediul or expedient, he may appoint additional assignees or order a new election." It will be seen from these quotations of the law that the whole matter is at last In the hands of the Judge. It may be true that in Northern and Western cities, no Judge would attempt to exercise any improper power or Influence over creditors or bankrupts and their counsel, but it is also true that Judges in "ome of the Southern States have availed themselves of the impoverished condition of those communities and their political affiliations, not only to disregard the rignts and feelings of parties before them, bnt to ride almost "roughshod" over them ^ and practised under the color 01 law and through the power and influence or their office an oppression nnpar&lleled in any part of the world. William the Conqueror did not govern the English people more ruthlessly than Judge Dnrell and his favorites have trampled upon the rights and ieelings of Hurtles interested in these bankrnntcr proceed. I ings. Mr. Freeman, In lila late remarkable History of the Norman Conquest, makes aorne observations pertinent to tnts dalcnssion. At page 37 of lila fourth volume he Bays:? "The proeeBs of confiscation la well worth studying. Almost every detail illustrates the way, In William's policy, wrong contrived to assume the mask of right, and how the plunder of the conquest was gathered in with all the forms of a legal process." That la precisely what has been done in Judge Pui ell's Court ever since he opened it in 1863. The f, proceedings in cases brought beiore him under the ' Confiscation act of Congress show that all kinds of advantage, ezaotlons and extortions we;e practised tor the solo benefit oi Court otlicers, favor* ices and hangers on of the Court. To understand and fully comprehend how this was done one had to be on the spot and familiar wlch the history and character of the men engaged in carrying on these confiscation suits. It was necessary also to comprehend the conditions of society here?the transactions or the people in the past?to know the tacts surrounding this business, to be enabled to form a correct idea ot what was going on. In 1363, 18?4 and lSttf there was no real estate market in New Orleans. The majority or the property I owners and people of means were absent in the Coniederacy. Sales of confiscated property by the United States Marshal must necessarily have been for nominal prices, and the truth is that such was the fact. It has been asserted, and can easily be established, that out of the millions of dollars' worth of real estate and personal property confiscated and sold by the United States authorities not one-dfili purt oi the value of tue same ever went into the treasury of the government. I know ot properties sold m New Orleans lor one-third oi tueir value, und the price, 11 ever paid, was eaten up by costs and charges, and much of this property was purchased by otneers ol the Oourt or persoua near the Court. I It is not asserted that Judge Duretl personally ever purcnused, directly or indirectly, any ot this property ; but it is asserted and is uudeniable that he did nothing to secure the enusoi justice, but made several men known to this community quite rich who beiore had been quite poor or m limited circumstances. Sales in bankruptcy as conducted here are only onnfhur Inrni nf f*niifl?r?iif.tnn ad analysis or the testimony and the law anEllcabie to it enables me to say that no eBiate in aukruptcy. in JuUge Burull's Court, has ever been administered on, nnder the law, solely by an assignee selected by the creditors. In each and every case where tbe creditors bare elected an assignee under the provisions 01 the law, the oUlcial and genoral assignee of the Court, acting without the expressed consent of the creditors and without their solicitation, has been joined us their co-asslgnca by order ol the Court and has had the cblei administration of the estate and custody of the lunds of the same. Mo bankruptcy administered by assignees has ever taken place In Dureil's Court, wherein the official assignee has not ueen an acting assignee with lull power over the estate and lunds. The uppolntmunt of a geueral official assignee to estates in bankruptcy, and especially In estates wherein the creditors have elected an assignee, Is an act 01 favoritism and an action of the Court not authorized by any of the provisions 01 tne Bankrupt law. Is repugnant to its spirit and amounts to malfeasance on the part of the Judge, and that all lees allowed by the Judge to such an officer Improperly appointed under tue law are within the prohibitions of the forty-fifth section of the Bankrupt act. Out of the 1,100 to 1,100 estates in bankruptcy in Juage Huron's Court there are not more than twenty in whicu the creditors have elected assignees. The remainder have been administered oy K. K. Morton, the official Qeneral Assignee of the court. In all cases in whloh the General Assignee has sold property subject to mortgage he has retalued and appropriated to himself tue whole ol the price <'f the property received by him. Thus, if a piece of prop* erty ol the value of $16,900 was mortgaged lor $10,000 and tbe price for which It was sold was $6,ooo, subject to mortgages, the General Assignee retained and appropriated thia money?say $a,ooo?to himself, and tbe same waa not accounted lor or distributed among the creditors. In such case the custom of assignee Morton has been to make an ex parte application to tbe Judge, without submulng vouchers and often without his Affidavit that lie, the assignee, be allowed the whole of such price received by him, as compensation for bis services, claiming It to be due to him, and tbat the Judge bus invariably approved the claim and granted the prayer of such application, and pronounced judg >LE SHEET. moot thereon In (avor of the assignee, glvtng to parties in intercut no op* ortumtv to object to tli-?e applications. in these case* of saies of mortgaged property at private Male Norton would represent to the Jmlge that It was mortgaged lor mere man lta vuiue, uud that lie had end a great dc 1 of troch e, that, the creditors | had no Interest 111 this mail reaheed, uud he (N<>rtou) waa there.ore eutliled to the whole mini at his compensation tor making the rale. Mark, that these m uos were made privately and not at public auction an all judicial sales ought to he, which guvo him every opportunity to iiianaire tnc business tor his own beuetit. Mark attain, that Noriou's averments in these ax parte petitions to Dureil ror cotnpeuaatlon were never supported by vouchers or any eviuence. TUey were mere naked statements of his own, supported, however, In some cases, l>y tiui ailldavits, quallied hy the precautionary measure 01 is wearing not positively, but "to tue best of bis knowledge and belief. Such proceedings are clearly illegal and unjust, and are opposed to the intent and spirit oi the bankrupt act, which recognizes aud protects the rights of both debtor and creditor. Such enormous compensation to the General Assignee conclusively proves a lavorltlsin towards hiui on the part 01 thet'onrt which Is culpaole and exposes the Judge to the penalties of the forty-ditto section of the iiaukrujjtcy act, and renders nlm also liable to impeachment for misdemeanor. There is nothing in the Uaukrupt act whicu authorizes the allowa ce to an assignee of the whole price received for property sold by hlin, subject to mortgage, but, on toe contrary, only a iair compensation. The following is a partial list oi the cases referred to above, witu the sums received by the General Assignee:? 867?Estate 01 L. K. Collins $1,300 00 37?Estate ol K. 11. Harrow 3|813 00 I* C38? Estate 01 W. J. Q. Haker 1,500 00 631? Estate ot W. J. y. Maker 1,600 00 322?Estate ol harah A. bcoti 1.875 00 807-Estate of Liadcti 2.0C0 00 315? Estate 0< 11. Marks 360 00 137?Estate 01 B. B. Slmius 2,812 60 607?Estate of N. B. Trist 1,400 00 402?Estate ol If. K. Mitchell 700 00 894?Estate of Murreli 1,200 00 e:'6? Estate of W. T. Oliver 877 00 834?Estate of Kpencer Selden 1,900 00 Estate of J. H. Cunningham 1,000 oo Estate ol Campbell A Eckioro. &oo oo Estate ol 0. W. Phillips 4,ooo oo 706? Estate oi W. W. Chapman 700 oo Estate of UigginooUiaui 176 uO iOUll lJe,UUl M The aggregate amount of appropriations like the above largely exceeds $8u,ooo, the foregoing being cited as mere examples. An inspection of the accounts ol the General Assignee hiiovvb that these unreasonable and extravagant allowances are not set forth at all in these accounts, but that in addition to tnem the General ass gnee has charged and received large sums set down as costs and lees, which are excessive and exorbitant, and that very many 01 these charges are clearly fictitious, and never were incurred by the assignee, further, that these charges generally absorb and swallow up the entire luuds ol the estate, leaving nothing for the creditors. The evidence given by uiauy prominent member* of the oar ol New Orleans, lielore the Congressional committee establishes the .fVrst?That a long and very close intimacy has existed between Judge llureli, E. E. Morton and his lawyers?Billings and Hughes. St'CouU?Taat the orders of Judge Uurell In bankruptcy cases had the tendency and, con sequent ly, the purpose or preventing lnqntry in relation to the exorbitant charges ol the General Assignee. Instead of openiug wide the door of his court to all complaints on this score, he steadily and roughly shut mo door to such compiuints by orders and devices of various Xlnas. Third?That very soon alter this policy of the Court was manifested, and after many ineffectual attempts to counteract the extraordinary influence ol Morton over the Judge and make opposition to his rapacity, parties to these bankruptcy proceedings came to the conclusion the* nad better make the best terms they could with Norton, and his acconuts on file in the Court show that the attorneys employed by linn are charged with large sums of money, lu the most trilling cases there are attorney's lees charged from $100 to $SuO, 111 casus 01 maguitude lrom $1,000 to $15.uoo. These services were mostly nominal, and the money was paid to silence ouposmou or lor some other irauduleut or illegal purpose. Fourth?That in one Instance, at the beginning 01 N01 ton's administration, and In a case in which the assets realized the sum ot $3,655 s4, the whole was swallowed up In coats, charges and lees, real aud fictitious. It was divided out among Norton and his retainers thus:? hmall charges $146 50 Taking inveuiory aud labor 130 00 Three lawyers 01 the assignee... 700 00 United States Marshal, Clerk, Register and Commissioner, iees....\ 199 26 Charge 01 auctioneer o toe property 627 26 Contmissioiis ol auctioneer, 25 percent... 772 63 Norton's personal services l.oso 19 Total $3,655 84 There was no dividend to the creditors in this case. These figures are taken lrom Norton's accounts current with the estate of the bankrupt, which are on file In tne otlice ol the Clerk of tuof Court. Ana this is one of the very smallest examples 01 the assignee's rapacity, but it is?a - "specimen brick," and the inaxuu applies?"Ale uno diace omnes." THE MASEEH BURGLARS. Sweeping Conviction and Sentence of the Outlaw*?" Larry" Ciriffin and "Patsy" Conway Each Sentenced to Twenty Years In the State Prison. The trial of "Larr.v" Orlffln, another member of | the masked band which in the dead of night broke j into and ransacked the residence of Miss Lydia II. Emmett, at New Kochelle, was commenced yesterday morning In tne Court of Sessions at White Plains, Westchester county. There was no diminution in the numerous attendance wnicii formed a feature or the preceding days, each seat within I and withoat the bar enclosure having been eagerly occupied long before the proceedings commenced. When the Court and couusel had been seated District Attorney Brlggs arose and moved that the case of the people against Lawrence Grttnn be taken up, and suggested that the Court assign . Colonel J. 11. Fellows, who was present and was familiar with the case, to the defence 01 the prisoner. The counsel named then addressed the Court, explaining the misunderstanding which " seemed to exist in regard to nls professional relations towards Dan Kelly, exonerating himself from any apparent remissness tn not being present to deicnd that Individual on Thursday, and concluded by saying that If the Oourt so wished he j would do the best no could tor the prisoner at the bar. The court then, with tho consent of Grihln, j assigned Colonel Feilowsto deieud lum. A lew minutes ouly were cuusumed Id the empanelling 01 a jury, the first twelve names drawn ' having proved mutually sailsiactory to the oppusiug counsel. The evidence lor the prosecution I was tnen rapidly presented, the prisoner's counsel 1 I dwelling very orieily on the cross-examma- I 1 tion oi each wltuess, who rehearsed tlio same conclusive statement as that given at the I trials oi Conway and Kelly. The identity of tlio | | accused as having been seen tn the vicinity of Miss ; ; Eramett's house on the evening preceding the bur- I glary, of uis having, with six or seven others, been j lerrled across Long Island bound on the loliowlng 1 morning, and his subsequent passage to New York on the steamer Seawanaka, was testihed to most positively bv several witnesses. Tills closed the case on both sides, as the deience did not produce I a solitary witness. Knowing that he was engaged In a hopeless case Colonel Fellows disclaimed all intention of making ! a speech to tne jury, and stated that he had a lew I requests to solicit ol the Court in behalf ol the prisoner. ne then asked the Court to charge the Jury that 11 they had any reasonable doubt on the whole case that the Identification of urltlln was not proved, that doubt was legally his and the Jury must acquit; also, that ir the jury were In doubt ; as to whether the prlsonor committed either the I burglary or the larceuy with which he was charged I iu tne indictment, they must give Uriilln the benefit of such uoubt and only convict him ol the lesser | i offence. : When District Attorney Brlgga had briefly sum- I ' marized the leading facts brought out In evidence ! against tbe accused the court charged the jury, which, after an absence of about three minutes, came into Court and reudered a verdict of "guilty as charged in the indictment." | Previous to being sentenced Grlffln, In answer to I ques'ions propounded by the clerk of tbe Court, said : that tie was tmrty-one years old, born In Ireland, 1 a stonecutter by trade, and refused to Ray whether i he hail or had not ever been In a State prison or penitentlarv. Upon being asked by the court j whether be had anything to aav why sentence should uot be passed upon htm, Griffin ejected a quantity or tobacco jnice upon the new carpet and nonchalantly replied in the negative, whereupon I he was sentenced to be confined at bard labor In the State Prison for twenty yeara. "Patsy" Conway, alias Conroy, was brought from tbe Jail Into Court during the day and sentenced to twenty years 'Imprisonment at hard labor. Tho Court then adjourned until next Thursday, on which day the trial of the remaining "masked burglar," John Burns, alias "UUly" Woods, will take place. WASHIHGTOH'B BIRTHDAY. Which Day- Is the Legal Holiday?The Law Staled. There is some doubt existing in regard to whether next Monday, February 23, is to be a legal holiday or not According to tho statutes, the 23d day of February is designated as among the legal holidays. Chapter 870, of the Laws of New York for 1870, specifies that "when such holiday shall occur on Monday, the following Monday shall be darned a public holiday; and any bill of exchange, banc check, or promissory note, made after the passage of this act (April 33, 18T0), which but for tins aci would fall due and payable on such Sunday or Monday, shall become due and payable on the day lollowlng such Sunday or Monday.'* Tina aeu , at real a matter not well understood. 4 5 NEW ENGLAND'S POOH. Condition of the Operatives acd Laborrn in the Manufacturing Towns. ACTIVITY IN THE MILLS. Deserving Poverty in Lawrence, Mass.?The Work of Relief?A Pitiful Oase. Lawkenck, Mass., Feb. 10, 1874. Lawrence 1b now one of ttie first manufacturing cities of the Kast, and w.is Incorporated some thirty years sro at a time when business one rations were commenced on a small scale, which have since considerably developed. There are at present over 10,000 operatives employed In the Lawrence cotton and woollen mills, and though at present t'.iere is not auy Increase In the demand lor labor, there is the prospect of an abundance of work during the next two Of three months. There 's also considerable distress in Lawrence, but 11 is almost entirely confine 1 to the laboring classes. Many of the mills have been putting in new labor Baring machinery, which would naturally throw some oat of work; bat stllVthe statistics do not show any Important decrease In the number of nanus employed. It appears that although many mills are taming out more goods with less labor, they are all the time increasing tneir capacity, aud consequently require fresh hands to manage the new machinery, LABOR KKPORM. r The labor question In the East has of late been considerably agitated, aud the labor reformers are going to make a hard fight in the state Legislature lor a ten-lionr law. The corporations, however, are prepared for this, and have so arranged their tariff of wages as to have it proportioned by the hour, so that in case of a redaction of time there would be a proportionate reduction of pay. At present these mills ran sixty-two and a half hours per week, that Is to say, eleven hours per day for five days and seven and a half hours on Saturday. The operatives go in to work at half-post alx, quit at twelve, commence again at one P. M. and quit at half-past six P. M. On Saturdays they commence at half-past six and qolt at two P. M., whicn gives them the wnole afternoon for shopping and marketing or whatever they may have to do. This arrangement appears to meet with the ceneral annroval of the urn; rati vea. TABLE OP LABOR STATISTICS. The foltowiuir table win show the labor employed la January, 1873 and 1874:? 1873. 1874. Women. Men. Women. Men. Pacific Mills 2,400 1,?C0 2,880 1,920 Everett Mills 760 800 110 360 Lawrence Woollen Co. oo 65 45 60 Lawreuee iluck Co... 160 ?o 160 90 Pemberton Co 600 260 600 250 Washington Mills 922 l.ooi 623 675 Atlantic Mills 860 450 800 425 Totals 6,742 8,816 6,718 3,700 A BCST ESTABLISHMENT. The Pacific Mills is, perhaps, the largest corporation or the kind in New England, and occnples thirty-live acres or ground, twenty-five or which are covered with machinery and ten with buildings used as storehouses. They are at present running lull time, sixty-two and a hall nours per week, and turning out more goods than they ever did before. When all the other mills in hut November made some reduction in their wages, the Pacific Mills kept up their original pay roll, and although they were obliged to warn their hands to 'expect some work at three-quarter time they were never forced to carry out the warning, and now state that m the last twenty years they have not stopped work teu days. This corporation pays out about (4o,ooo per week in salaries urhinli itrn irrarlprl nt pIovmii pantit nor hmir to ThA It males aud fifteen cents per hour to the mates. They also take particular interest la the coauort or their hands, and have established a reading room and library for their especial benefit. Tho agent 01 the mills speaks with pride of the sanitary condition of the hands, and says that mortality' does not average more than a tia.r per cent, and also that forty per cent 01 their employes own their own houses. brisk work in the mills. The Everett Mills are running about the mid* force that they employed last year, but In December they found it necessary to decrease the payroll about tea per cent, i he Lawrence Wooden Company have made no reduction In their salary list, out are employing only three-lourtns or the number or men od their nooks in January, 1873. The Lawrence Dock Company employ about 860 hands, and have made a reduction of about eight per cent In the wages or the men in their employ, lite women'! salaries have been untouched. At present this company is overrun with business ami is working nights, thus making about ten hours per week additional time. This, of course, Is a benefit to tne operatives, as they are paid alluosj entirely by the uour or the piece. The Pernberton Cotton aud Wooden Mills are running about 75b bauds, which is a slight decrease on their muster roll for 1873. They have also taken about ten per cent off tbeir pay roll, but. anticipate plaolug It on tne old basis when business livens. LABOR SAVING MACHINERY. The Washington Cotton and Woollen Mills 18 tha largest ourporatlon of the kind in Lawreuce after the Pacific. They have not bean doing very much lately, as they stopped work In November in order to pat in some new labor-saving machinery. They are at present employing about 1,800 hands, which is over l,ooo under their usual complement. This will probably account lor the appearance in Lowell and the neighboring manulacturlng towns of a number of mill hands seeking for work. effects of thk panic. The stoppage ol work In these mills la mora especially confined to ihe woollen department, and Is to be mainly attributable to the panic. Large wholesale houses at that time were left with a heavy stock or goods on hand which they were unable to dispose or, and consequently the mills became crowded with goods which t?ev lound no market lur, una iihu iu ?ioj> wur? uum UU8IUC? renuuieu Its usual course. Jn November tins corporation reduced tUc wanes or ttieir employes about twenty per cent. At present their cotton mill is running with new machinery that tnrus out the same amount of work asm 1873, and is onerated with fifteen hands less tuau were required last year. The Atlantic Cotton Mills is aoout the only corporation 01 tne kind in Lowell that carries out the ten hour principle. They reduced their wages In January about ten per cent, and arc now miming lull time, but witli about seventy-five less tnan tne number of hands they had employed last year. Tms is malnlv owing to the new labor saving raacninery, as they mannluciore the same quantity ol goods as they did mat year. THE DESKKVINQ COOK?A PITIFUL CAS1. There is a great deal of distress in Lawrence, notwithstanding tne comparative prosperity of the manuiacturing interests, and * when I entered the office, occupied Jointly by tbe olerk of tiio Overseers of the poor and the City Missionary 1 witnessed a case well deserving or charity. A mother was asking lor clothing tor her nine children, drawn up in hue behind her, and rangiug in age troni about fUtecn to four. It appears that her hnsbond is a pauper and lias been sent to the State Karm, ont this woman is willing to work, and said, "1 will feed them all if you will assist me with clothing and put some boots on their feet." Neither 01 the officials, however, had any boots to give away and t he little ones went barefooted out lit the cold. The clerk of the Overseer of tho Poor said that this has been a remarkably hard season, and that In January he assisted 274 persons who were really deserving oi charity. In 1873 he assisted 614 persons, so that it will be seen that in one month oi 1874 the applications lor relief were more than were made in Ave months of 1873. The destitute appear to be nearly ail laborers, as the operators and mecnauics out of work have mostly gone to other cities in search of emplovmsas. I The city missionary superintends a private oharlly that does a great deal oi good in Lawrence, in 1873 lie assisted 1.(30 persons, or an average of about 150 per month, ana in January, 1874, he aided 410 persons, showing that tho applications for relief were nearlv trebled. The labor question in the Kast appears to be one rather hard to solve. Mechanics and skilled artisans have comparatively .lttle difficulty in obtaining employment, but thirty per cent of the com moo laborers are out 01 work. A CASE OP DE8TITUTI0H AT HEWPOET. Kiwpobt, R. I? Feb. ?, 1874. Mary O'Brien, who will be remembered by the readers or the Hkbalb as the lady who waa the victim of a brutal assault by a backman in New York recently (the offender now serving a twenty years' sentence for the same), has arrived In this city In search of her relatives, whom she be* ileves will give her a home until she is able to find employment. In vain have the police been in search for her relatives, but up to to-night have tound no possible clew to their whereabouts, aod the unfortunate girl will be obliged to-night, as well aa last nlghf to be cared lor at the police station. To add to hi cup of sorrow she has lost her trunk, In whloh were all her effects, and also the check to the same. Her case has awakened universal aym, pathy, and the Daily Newt, through its columns this afternoon, has soltoltea contributions to aid bur in procuring money anu clothes Of these two \ important items sue is destitute.