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^4, "J^ Xtaftu (Klnhg. Official Paper of the City Oc Cotmty Printed and Flashed Every Day in ilia Yeej BY H. V. HAU, a 17 WAilASHAW STMtKT, 8T. PAtJIi Terms of Subscription for the Daily Globe By carrier, (7 papers per week) 70 cents per mouth. By mall (without Sunday edition) 6 papers per week, 60 cents por month. By mail (with Sunday edition) 7 papers per week, TO cents por mouth. 0ally Globe Advertising Bates. Fourth Page, 8 oeots per line every Insertion* Tirird Page, 5 eents per line for the first week. AH MBsaqnent Insertions 3 cents per line. IMapUy advertising (on fourth page only) double above rates. All advertising la computed as non pareil, 10 Bass to an inch ST. PAUL, FRIDAY. DEO. 12, 1878. AMONG those who materially aided in se curing the Congressional appropriation for the Fort Sndhng bridge, the entire Minne sota delegation, with the exception of Sena tor Wmdoui, should be remembered. Sena tor McMillan and Representatives Stewart, Strait and Dunnell, all did good service. HS Republican caucus has decided that the party will take no Congressional action on the finances at the present session. In this there is wisdom, and the Democratic canons could not do better than to follow the example of their Republican brethren, Sena tor Bayard to the contrary notwithstanding. IT is, perhaps, well to suspend japgment relative to the tragedy in the Stillwater pris on yesterday, but it looks very much as though Deputy Warden Hall exceeded the necessity of the occasion in deliberately kill ing a convict. The State authorities should not leave a local coronei's jury to investigate this matter, jj IT is to be feared that Bayard's legal ten der bill has "busted" his Presidential boom. He has antagonized the entire West by bis proposition to take from the greenback its legal tender quality. The West will probably dictate the Presidential candidate of next year, and it is certain that this section will not entertain the idea of nominating a man who seeks to destroy the credit of the country. RtJJions have gamed currency in nearly all of the European capitals to the effect that the czar of Russia intends soon to abdicate his thrown. He has, it is said, grown tired of being made a target for bullets and the objective point of mines of nitro-glycerine. Iheee monaichical privileges he proposes to surrender to his son Nicholas, provided he is willing to accept them. We are decidedly of ths opinion that Alexander's head is level. MICHAEL O'BBIEN, in a caid elsewhere, ex- plains that he gave up the contract for the stone woik on the Fort Snelhng bridge be cause he could make money by disposing ol it. From the history of the bridge given in yesterday's GLOBI the explanation for this change was not cleaily given, and in justice to Mr. O'Brien it should be stated that he did not, at any time, prove unable to fill his contract. The ohange was a pure matter of business and entirely legitimate. THE non-success of Mr. Schurz's scheme to procure the surrender of the murderers of Agent Meeker under suoh conditions as' would assure their punishment, will have a tendency to revive the old conflict between the war and interior department as to whioh is the proper branch of the government to be entrusted with the care of the Indians. It must be conceded that Mr. Schurz has not made a great deal of capital out of his latest exploit, and has given the war department strong arguments to present in favor of a transfer of the Indian bureau to that de partment. A BO-CALLED Christian association, the view of which is the extermination of secret societies, i3 now in session in this city. The chief apostle is a man who advertises him self as "a reformed Mason,"sand he assumes to expose soorets that he admits ^having sworn to keep the privacy of hia own bosom. If this man really gives an exposure of Masonry he oonviots himself f the rank eat perjury. If he does not, he receives the poor pittance he exaots for admission to his lectures by false pretenses. In either case he proves himself a despioable wretch beneath the notice of decent mortals. B. SOHTJBZ has accepted the ultimatum of Chief Ouray and the rest of the Ute mur derers, and has instructed Commissioners Hatch and Adams to accept the surrender of the assassins of Agent Meeker on the terms proposed by the assassins themselvesthat they will be tried outside of the limits of Coloradoor New Mexico, 'lhis he calls a triumph of his peace policy. It may be so, but to most people it will appear like a craven submission of the government to a gang of cut-throat savages. The peace com mission has demonstrated only one thing, and that is the complete impotenoy of our present Indian policy. CONGRESSMAN SINGLETON, of Mississippi, is of the opinion that the Republican party has no show of carrying a single Southern State in 1880. The negroes, he assertsand he has made a pretty thorough canvass of the South during the recess of Congress, and ought to knoware now in perfeot harmony with the whites, and influences will be used to perpetuate this feeling. He asserts that bulldozing is extremely rare in his own State, but that the blacks have been con verted by other means. There is no reason to fear that the South will ever be aught else than solid for the Democratic party, whether the negroes or the whites gain the ascend ancy. "T HE only issue," says the Chioago Trib une, "that is worthy to engage the attention of any sensible man is the question of the finances." It then prooeeds to argne that both Mr. Hayes and Mr. Sherman are wrong in the position they have assumed on the questions of finance, and sustains the po sition of the Democratic party with many good and sufficient reasons, ending with a general condemnation of the Damocraoy on general principles. This, we must admit, is the exemplification of cheek. It is not often that a newspaper is able to advocate one pol ioyand condemn another, and at the same time sustain the party it condemns and abase the party it censures in the same ar ticle. &?&$< 'tr8? AN INDIANA MUDDLE. The Indiana Republican committee has made a mistake. At least so it is regarded by the members of the party at large. The committee has called the State convention for the nomination of commonwealth officers for the 25th of February next. The election will be held in October, a little over seven months after the nominations, but as 1880 is the Presidential year the effect will be to pro long the campaign to about eight and a half months. It is easy to see that it will be im possible to maintain the interest in political affairs for that length of time, and as a con sequence the party will lose deoided ground. So serious has this objection to a long cam paign been regarded that many leading Re publicans at Washington have united in a protest, which has been sent to the members of the committee, asking that the aotion al ready taken be resoinded. The protestants make the following points FirstIt is very inexpedient and hazardous to invite a nine months' Presidential campaign in any btate, particularly in Indiana. SecondThat in Indiana, which is olaimed by the Democrats as-naturally belonging to them, a great deal of discretion should be ex eicised, and every possible means should be resorted to by the Republicans to secure suc cess. ThirdThat it is not yet known what the na tional issue will be, and that, after February 25the day the State convention has been calledthese lssueB, by proceedings in Con gress or elsewhere, may be entirely changed, in which case the Indiana candidates and nlat form might not be in accord with the national situation. FourthThat there is a local election in In diana in April, which, it is expected, may re suit in making some changes in the State situ ation, and that if the Republican convention is held in February even these local State is sues will not be known. Besides, it will not be possible i the Republican party in In diana, or in the nation, to withstand the strain or undergo the expense necessarily incident to a Presidential campaign nine months in dura tion. We are surprised at the lack of judgment shown by the oommittee. It is not often that the Republicans are laoking so greatly in discretion, for the fault of blundering is more generally chargeable to the Democrats. But the mi- chief has alreaay been done, and cannot be repaired at this late day, for the aspirants for the various positions have already taken the field, and could not be driven from it even if the date of holding the convention should now be postponed for six months. They have each made their "points," and would be fearful of losing whatever advantage they may have gained by quitting work. The result is inevitable: The people will be compelled to be bored by the importunities of the politicians for nearly nine months, end in resentment will flock by thousands to the standard of the party whioh makes a short but vigorous oampaign. The prospeots of a Demooratio sucoess in Indiana next year were never better. Opin ions agree that there has been no radical ohange during the past two years that the Democratic State administration has been eminently satisfactory that economy has been practiced in every department that the officials have been honest and faithful to their trusts and merit a continuance of pub lie favor. The Democratic Senators and Representatives in Congress have performed their duties with ability and fidelity, and are universally respected. All branches of the government have shown a visible improve ment under Democratic rule, and there is, as a result, increased confidence in the sincer ity of the promises of the party, and a dis position to retain its representatives in power. There need be no fears, therefore, that the Democratic party will be defeated in the pending elections, and the Republi can blunder referred to of calling the State convention at an extraordinarily early date has increased the chances of the party of the people. Mr George Angell'* Lectures. To the Editor of the Globe. The two lectures which were delivered on Saturday and Sunday evenings last, by Mr. Geoige Angell, of Boston, deserves more than a passing notice. It is greatly to be re gretted that not every seat was taken to listen to these well established truths, useful suggestions and practical illustrations. Every citizen of this country is interested in these great subjects, which were most palpa bly discussed. Nobody can refute the assei tion that the stability of our free institu tions, the prosperity of our oountry in gen eral is based upon the moral character of our people. The words of sacred scripture, "righteousness exalts a people, but wicked ness leads to destruction," are as applicable to-day as ever before in the annals of history. No country can flourish for any length of time where true religion is not practiced. It is only necessary to define religion properly, and to be guided by it. As the tree must be known by its fruit, in likewise manner the religious man must be distinguished by noble deeds of practical work of usefulness. Religion and humanity cannot be separated. Mr. Angell has shown by official statistics the large increase of crimes in this oountry. This opens a largefield for investigation for every thinking miflR We cannot afford to remain idle or inactive to avert the danger from that source. It is the great aim, and must be the work, of every true man to pre vent crimes as far as possible then it is es sential and necesBary that the laws should be carried out. As Mr. Angell truly has stated. "Education alone will not accom plish a better Btate of morals. The heart must be cultivated. There is just as much work to be done within the churches, as without it honesty, sobriety, truthfulness, and especially sin cerity, must be the essential qualifications to constitute religious life. The rising genera tion must be looked upon in order to instill upon their youthful iritellect a higher regard for humane undertakings and enterprises. Their highest ambition must not be devel oped merely to obtain worldly possessions, but they must be encouraged, strengthened and invigorated to pursue only what is truly honorable, just and right. Home life and domestic influence is more potent than all other instruction. The great truths whioh the bible teaches, and its wise admonitions, "keep these laws and these statutes, that it may be well with thee, that thy days may be prolonged and thou mayest prosper in the land," must form the moral instruction to lead our future generation onward and forward. There is too little stress laid, I regret in Baying it, upon the great principles in whioh we all must believe, while at the other hand mere dogmas are considered the essenod of reli gion. We cannot over-estimate the great influence of the enforcement of kind and humane laws. Moses, the great law-giver of Egypt, was mindful of this fact. It was his great design to educate a wise and intelli gent people hence he enacted provisions, not merely for man, but also for the dumb beasts, and not less for plants. Israel has been preserved to this present day, because the strongest evidence "that God's laws ara true rejoicing for the soul." Israel, in every lecture and sermon delivered at" the various temples and synagogues, is most forcibly re minded to be a law-abiding people, to prac tice temperance, charity, kindness and lib erality to man and beasts. Suoh a philanthropist as George Angell is onr faithful ally in the grand work of leading mankind onward and forward. We can but wish God speed all such noble men *J "i~2f ik t.-^MSi43i5M^ fc lS4 Jsam^mfJiiS "jwm IfTTi' in this great work. This is real missionary work, even more than to convert the heathen, for chirity ought at all times to oommenoe at home. There is ample work to be done in this country. There are many things done here whioh heathens would be ashamed of. We must be prepared to do onr dnty manfully. What Mr. Angell has preached are facts, reliable and trne. In this humane work to be done we can at least all unite, without reference of sect or nationality, and may the wise suggestion of Mr. George An gell not only have been heard, but acted upon by every lover of genuine righteous ness. REV. DB. J. WKOHSLEB. RASCALS CAUGHT. A Clue to the oe County Highway Rob bers and Elmo Burglars. Yesterday Mr. Dunham, ohief of police of Faribault, was in the city. He had been to Minneapolis to converse with Sheridan and Smith, two crooks upon whom Manger's men happened to drop for the Long Lake robbery, which happened nt long ago. Ohief Dunham was in hopes of connecting these with the gang of highwaymen who have been marauding about Faribault, Dundas and other localities in his section of the country. It will be remem bered that, several months ago, a Mr. Sexton, while in company with a lady, was waylaid in the suburbs of Dundas and robbed of a watch, etc. Discredit being thrown upon Sexton's account of the affair, is supposed to have led to his suieide some time after the occurrence. However his account was confirm ed by the capture of a man named Sherman, now in the Faribault jail. This man Sherman and the Minneapolis prisoners are supposed to be the three men who robbed Sexton and com mitted numerous burglaries in Rice county. Moreover, it is pretty firmly believed that this same gang are the ones who visited Elmo Lodge last summer, but were surprised in|tbeir burg larious raid before they had captured anything but a lady's brooch.gAn account of this daring attempt, tried three times in oue night, was duly reported in the GLOBE. It is ascertained in police circles, beyond a doubt, that Sher man's wifethe Faribault prisonerwaa working at Elmo Lodge at the time the raid was made. The clue thus obtained in connec tion with the Sexton robbery and the suspi cions entertained about the Long Lake burglary will doubtless send Sherman, Sheridan and Smith over to Stillwater. Congratulations. The morning papers having announced the confirmation of Hon. George W. Mo Orary as judge of the United States circuit court, congratulations were in order. Among those recognizing Mr. McCrary's ele vation, was Judge R. R. Nelson. He tele graphed his congratulations and extended them for the bar of St. Paul. In response, the following telegram was received, yester day: WASHINGTON, Dec. 11,1879. Hon. R. R. Nelson, United States District Judge, etc Thanks for congratulations. Cannot attend yonr term, unleBB important. Have written. GEOBOE W. MGGBABX, Secretary of War. If it were not that thanks were returned for congratulations, whioh were expressly con veyed because he had thrown off the duties of political office for the spotless ermine,the fact that "Judge" McCrary signs himself "Secretary of War" might raise a doubt that our Alex, had gotten in. PERSONAL. R. W. Prittie, Esq., Toronto, at the Mer chants. J. W. Carrie, of St. Charles, is at the Clar endon. Hon. J. N. Castle, Stillwater, was in St. Paul yesterday. Mr. and Mra. W. H. Dowsing, England, at the Merchants. Carroll Lucas, Menomonie, Wis., is stopping at the Clarendon. A. Broadwater, Worthington, is among the arrivals at the Clarendon. W. Townsand and E. Jamson, of Litchfield, are registered at the Clarendon. Hon. John F. Meagher, Mankato, was among the visitors to St. Paul yesterday. Messrs. Geo. F. Bain, A. D. Myer, 0 White head and Jas. N. Fraser, Winnipeg, are among the arrivals yesterday at the Merchants. At the Merchants: Thomas Barden, Ashland, Wis. H. L. Bixby, Star Prairie Wm. A. Kelly, Owatonna Harlan W. Page, Austin John D. Stevenson, St. Cloud. Mr. P. F. Egan, the jeweler, returned yester day from his Eastern business trip. He has purchased a choice and elegant stock of latest styles in iewelry, etc., and will, in a few days, be prepared for business, at the old Greenleaf stand. AIX AROUND THE GLOBE. The New England society of New York city is about to erect a monument to the pilgrim fa thers in Central park. The Central Railroad company of New Jersey has ordered an entire snspension of mining and transportation of coal from Dec. 24th to Jan. 5th. The college of oratory of New York was for mally opened last night. Addresses were made by Henry Bergb, Prof. J. E. Frobisher and Miss Kate Field, the special guest of the even ing. The number of immigrants who arrived at the port of New York in November amounted to 14,600, an increase of 8,865 over November, 1879. The arrivals since January 1st are 125,- 000, an increase of 49,875 over the same period ia 1878. Dr. Enoch Cable Wines died Wednesday at Cambridge, Mass., where he was engaged in supervising the printing: of his last work, "State 'prisons and child saving institutions throughout the world." Dr. Wines was born at Hanover, N. J., in 1806. THE COURTS. United State* Circuit Court. I Before Judge Nelson. Wm. L. Anderson vs. The First National bank (.Horace Thompson). On trial. Supreme Court. The following causes were heard yesterday: No. 102. Walter Mann, assignee of F. A. Taylor, respondent, vs. Mark D. Flower, W. Cornish, Horace Thompson, Maurioe Auerbach, Albert Sobeffe-, Charles N. Nelson and George B. Finoh. as executors of the last will and tes tament Charles Scheffer, deceasedMark D. Flower, appellant. Argued and submitted. No. 101. William Chandler, appellant, vs. Charles A. DeGraff and William Crooks, sur viving partners of the late firm of DeGraff & Co-respondents. Submitted on briefs. Ap pellant granted leave to file a reply to respond ent within twenty days. Adjourned to 9:30 this morning. Municipal Court. I Before Judge Flint. I OBTMTNAL. The City vs. Michael Eaton drunkenness. Committed for three days. The City vs. Paatrick Kenney drunkenness. Fine of $3 paid and discharged. The State vs. William Bamsden selling liquor to minor. Continued to the 15th inst. The City vs. Roger Healey assault with dan gerous weapon. Held to the grand Jury. CIVIL. E. Ingham vs. Mrs. M. M. Morton notion for restitntion of certain premises. Case tried and submitted. Bankrupt Stock! We have no Bankrupt Stock, but we will sell Dry Goods and Notions at prices that will satisfy yon. New and fresh goods, besides. ESTEBLEY & HEINEMANN, 103 and 105 Seventh street, Cor. Jackson. Fannell'a for Ladies' and Gentlemen's Seal Gaps, 111 East Seventh street. Still they pour into the B. & 8. Co.'s Store 87 East Third street, for their Christmas Gifts. Fine goods, and low prices, draw the crowds. Be in time. Prayer and Hymn Books, single or in sets, at Sherwood Hough's Bookstore, corner Wabashaw and Third streets. Reed's Gilt Edge Tonic restores the appetite, and is pleasant, safe and efficient. THE SAINT PAUL DAILY GL0B1, FRIDAY MORNING, DECEMBER -12, ,1819. RENO'S REPLY. To the Cltarge* Made Aqainat Hia Mili tary and Personal ReputationA Spe cious flea to JExeuee Intoxication. At Fort Meade, on the 8th inst., Major Mar ens A. Reno submitted bis defense to the court martial as follows: May it please the court: I submit a sum mary of the evidence adduced before you, tak ing each in turn. The evidence regarding the first specification is that of Lieuts. Nicholson, Petit, Dr. Bell and Barker Smith. It must be apparent to the court that the evidence of Nicholson is Buch as to justify my action. He acknowledges that he said to me he could lick me in two minutes, in any way, and repeated this two or three times. Such was his language, but mere words do not express the insult so much as would the manner of its being said. It was the bravado manner, which was put on to attract the attention of all, that provoked me beyond the limits of patience, and not to attempt to avenge the insult would hive been to acknowl edge myself a poltroon to whom insult might be addressed with impunity by any person. The code of gentlemen established in the clubs of any city would have expelled me had I acted otherwise. Lieut. Petit testified: "Nicholson said to Ma]. Reno, 'I will settle this thing any way you want, I can whip you in two minutes.' Lieut. Nicholson waa talking in a loud tone, and fearing they wouldTxecommence the dis turbance I threatened both with arrest, and after a struggle there was some talking, the greatest part of whioh was by Lieut. Nichol son. In answer to a question, Judge Advocate Petit said: "Lieut. Nieholson made the first threat by saying that he could whip him (Reno) in such a length of time." In the ex amination Petit said it was purely a personal affair, and did not disturb the garrison that his threat of arrest was more particularly di rected against Nicholson than myself. That is the summary of the most reliable witnesses to this specification. Joe Smith, bartender, tes tilled that Lieut. Nicholson first insulted me and that ho (Nioholson) caught my blow on the arm. This shows that Nicholson was ready to defend himself. Dr. Bell states in reference to this specification almost the same as Lieut. Petit, that the injury to Nicholson was not se rious. He caught the blow on the arm, and must have been expecting it. These witnesses do not thick the club-room a public resort. The evidence clearly states that I didn't create the disturbance, nor did I violently assault Nioholson, nor that I continued to persist in the disturbance, but that I struck him, under great provocation, with a billiard-cue. Can there be anything criminal in that? Would I, as an officer and gentleman, have acted other wise? In regard to the second specification all the witnessesLieut. Scott, Drs. Brechiman and Bellall agree that it was a frolic that the chair was thrown or tossed when I was sober that I bad my mental faculties all the evening. Lieut. Scott testifies that such was the fact at 2 A. M., and relates the incident that I called him back to say that if he would stop I would call Up Rosa, my housekeeper, and have lunch, and Smith, who is always at the club room, says nothing unusual occurred, and it did not make such an impression that he could even remember the month. Dr. Brechiman said that I slightly knocked the hand of Smith in which was my own change, He regarded me as simply good-humoredly druak. Is there anything here to attach disorderly to? IB to slightly knock the hand to do so in a wanton and riotous manner? Is a man drunk who is in full possession of his mental faculties? Is it not in the evidence of Lieut. Scott that had the ohair been thrown in a riotous way the sash wonldhave been broken? Yet such was not the case. This same witness says he has seen much worse things at the club room. I think the evidence will convince the court that the room is not a publio billiard saloon in the sense it is used in the testimony. As to the third specification, Lieut. Nichol son says there was nothing improper in my manner. Fanshawe says that after supper I waa a little drowsy, but did not.offer any in sult, in speech or manner, to him or his family. All the witnesses agree that the bottle was not full, and that five gentlemen drank out of it. Johnson said that, had I been called upon, I could readily have made use of all my faoulties. I was in a sane condition, and declined any help to descend from the porch. Dr. Bell says my Bpeech was a little thick. Mrs. Fanshawe was the only person ont of the five who saw anything disgusting, but her experience of such things is limited, and any drunk would be disgusting to her, as to all true women. But in truth the condition I was in, whether dis gusting or not, was not intoxication, as I swore in my evidence. I did not drink as much whisky as would make me drunk. Dr. Erwin, an expert, testified in answer to my question that it might be that on a person going from a cold atmosphere to a warm room the change of temperature would produce a considerable ef fect on some people, and it is established by evidence. I did this. I know this must have been the cause of the drowsiness testified to by witnesses. All testify that I did not offer any insult or commit any impropriety in what I said or in my manner. In regard to the evidence as to the specifica tion to the additional charge, in the testimony of Miss Sturgis, it waa not the sight of me that excited alarm, but an imaginary sequence that had been conjured up, and bad no existence in factvis: That I would shoot her because she knew I mast have some hard feeling toward her father. The testimony of Lieut. Spillman is that he twice saw her through the window the second time he advanced a step or two, but, seeing Sturgis smoking, thought there waa no occasion to go in, and any alarm must hare subsided. The cause of my being before the window is already before the court, and if any alarm resulted to the occupants by my looking in, I did all a gentleman could do in sending a full and ample apology for an unin tentional offense, and this apology, even in the mind of the accuser, it would be ungenerous not to accept as an atonement of the offense, if the writer was thought to be influenced by improper motives. It has been demonstrated to the court, beyond doubt, that the motive that actuated me in sending the note was that of a gentleman and officer. I desire to call the attention of the court to the fact that in my application for my note through the judge advocate it was denied me, but afterward offered with an attempt to deny having refused it when the original draft of it was produced. Also to the speech of my ac cuser in regard to the establishment of my mo tive in writing the note. It has been my mis fortune to have obtained a wide-spread no toriety throughout the oountry by means of a press open to my enemies, who know not why they are so, but, like village curs, bark when their eUows do, and a greater degree of atten tion will be called to what I do than other of ficers not so widely advertised. Such is the evidence. I feel assured that the court can not, upon it, find anything that will substantiate the charges and specifications, conviction upon which would be the sacrifice of a commission which is the reward of over twenty-two years hard and faithful labor to my country. In this connection 1 ask the attention of the court to the remarks of O'Brien, standard au thority on courts-martial, upon the articles of war under whioh these charges are laid. The eighty-third article enacts that any commis sioned officer convicted before general court martial of conduct unbecoming an officer and gentleman shall be dismissed from the service. The wording of this article is very vague. The most trivial deviations from rectitude may in one point of view be deemed unbecoming an officer and gentleman, as well as the most scan dalous and infamous conduct yet the two acts are very different criminally. We are forced, then, to go beyond the letter of the article in order to arrive at the trne meaning. It is a sound rule of interpretation thtt when the words of a statute are of a doubtful meaning we should always resort to the intention with which it was framed, ard the mischief which it sought to remedy. When this intent can be discovered it will throw moral light on the law, and we are bound so to interpret it as will best conform to the motives which caused it enact ment. In the present case the policy of the law is plain. It is to preserve the character and honor of the army by excluding from it disre putable characters who have shown themselves unfit to associate with gentlemen, whose reten tion would have the effect of demoralizing the character of a military community, and might eventually criminate it. Tunt this is the in tention of the article is generally admitted, and is evidenced by the peremptory sentence of dismissal whioh the court must pronounce. Conduct unbecoming an officer and gentleman, in the intent of the article, must therefore be suoh conduct on the part of the accused as shows him to have forfeited all claim to the character of the gentleman. It is not intended to apply to youthful follies or trival deviations from rectitude, such as the best men may oc casionally fall into in an unguarded or excited moment. If such were its meaning there are few who might not at one time or another be subjected to its severity. A mere hasty expression or act, done in the heat of passion, and afterward repented of, would insure dismissal, if malice or ill will should prompt prosecution. Such is not the spirit of the military code. On the contrary, it seeks to heal all differences without resort to a ^L.i ^^*^^^^^^*^i^%^A*^*M^t,i^sCAk tit** j*to&*w _.- 4 criminal trial. There is scarcely a wrong aet not purely official whioh might not be deemed not strictly becoming a gentleman, and is it for a moment to be contended that the military code is so absurd and oruel as to punish with extreme severity the slightest faults of this kind, while mutiny itself may under its pro visions in many cases escape with a more lenient sentence? In conclusion, I thank the court for the pa* tiencennd kindness shown me during this somewhat prolonged trial, and I rely confident ly on the wisdom, justice, and impartiality of its findings. MR. O'BRIEN'S BRIDGE CONTRACT. He Explain* Why He Surrendered it to OtJf^r Parties To the Editor of the Globe. S T. PAU L, Deo. 11.Your article on the Fort Snelling bridge in this morning's GLOBE does me an apparent injustice in this: Yon say that in receiving the award of the contract my trouble began. Yon do not say what trouble, bnt the inference seems to be from this, and the whole tenor of yonr article, that the- bridge commission were in some way dissatisfied with my work, which occasioned disagreements between us. for yon further say: "Much trouble ensned about this time, owing to Engineer Bewail permitting the oontraotor to depart from the plans and specifications. Once again the commission foond its soul, or five souls, vexed by the inability of the oontraotor to do the work, so on October 26th the work was transferred to Molntyre & Steele." Now the fact is, that I never had the slightest trouble with the bridge commissioners, and the portion of the work performed by me gave them, as I believe and have been told by the members of the commission, com plete satisfaction. My withdrawal from the contract before the'work was completed was not caused by any inability to complete the work, bnt was dictated by the advantageous terms offered by Molntyre & Steele for my interest in the contract. The contraot was not transferred by the commission to Mo lntyre & Steele, but they were substituted in my place in the contract at my own re quest. This ohange was reluotantly made by the commission, and only upon my re peated requests. I mention these facts to rebut the pre sumption that might be drawn from your article that because of tronbles between my self and the commission and because of my inability to perform the work the commis sion took the contract from me. JFhe following response, made by the commission to my request that Molntyre & Steele might be received by them in my stead will substantiate my statements: OFFICE OF THE COMMISSIONERS OF THE I FOBT SNELLING BBIOOE. ST. PAUL, Minn., Oot. 25,1878. Michael O'Brien, Esq.: Dear SirAt a meeting of the bridge com missioners this afternoon, I WAS instructed by resolution to notify you that the commission would not consent to accept Messrs. Molntvre Steele & Co. in place of you upon their pre senting a satisfactory bond. Respectfully yours, THOMAS COOHBAN, JB., Secretary of the Fort Snelling Bridge Commis sion It only reaaains to be said about the change in the plans and specifications yon speak of Sewall's permitting me to make, that no suoh ohange ever was permitted. Whatever difficulty there was existed in the plans and specifications themselves. The plans required the foundation for the pier on the west side of the river to be laid five feet deep, while the specifications require them to go to the sand rook, which is a depth of about twenty feet. As both of those re quirements could not be complied with and a choice had to be made, I was directed by Mr. Sewall to comply with the plans and lay the foundation only five feet. It was to this that Col. Allen objected, he insisting that the specifications should be followed. Of course it would be to my interest to have the foun dations go to the center of the earth, if pos sible, as the more masonry I laid the more I got, as I was paid by the cubic yard. Yours respectfully, MICHAEL O'BBIEN. Supreme Court. Casper Peck, appellant, vs. C. B. Strong as ad ministrator of the estate of Nioholas Butler, deceased, respondent. SyllabusLetters of administration being issued by the proper probate court, it cannot be objected to them in a collateral action that they were issued on the application of one not interested in the estate. In all cases to wbioh an administrator, as such, is a party, for the purpose of showing bis representative oapacity and his authority to act for and enforce and pro'ect the rights of the estate he assumes to represent, the letters of administration are St least prima facie evi dence of every fact upon which such capacity and authority depend, including the death of the person in whose estate the letters issued. Judgment affirmed. GILFILLAN, C. J. Mary R. Millette, respondent, vs. Carl Mehmke, appellant. SyllabusWhere a summons is regular on its face, and is served in the manner provided by statnte, the court thereby acquires juris diction of the cause. That the complaint is not filed, or a copy served with the summons, as stated in the summons, is only an irregular ity which the defendant waives unless he moves to set aside the service. Overruling Fuller vs. Caldwell, 3 Minn., Gil. 67. A complaint which shows the cause of action to be barred by the statnte of limitations does not state facts sufficient to constitute a cause of action. Judgment reversed. GILFILLAN, C. J. The State of Minnesota, relator, vs. Ludwig Brinckhanser and Lizzie Brinckhanser. SyllabusThe charter of the village of Jor dan authorizes the village council by ordinance "to prevent riots, noise, disturbances of meet ings or publio assemblies whatever, to punish any person or persons who may be engaged m, or in any way connected with the same, and generally to punish and preserve good order and the public peace," and "to prevent open and notorious drunkenness, brawling or ob scenity on the streets, alleys or publio places, and to provide for the punishment of all per sona who may be guilty of the same." Held, That this authorizes the city council to provide a punishment for assault and bat tery only when committed publicly and so as in fact to be a public disturbance. Writ quashed. GILFILLAN, 0 J. Thomas Ohesterson, respondent,^*. John Mun son, appellant. .SyllabusAn appeal to this court will not lie from an order of the district court directing judgment, upon an appeal to that court from the judgment of a justice of the peace. GILFILLAN, C. J. Eugene M. Wilson, respondent, vs. Horace Thompson, Edmund Rice and John 8. Ken nedy, trustees of certain bondholders of the First Division of the Saint Paul & Pacific railroad company, appellant. SyllabusThe notice of a sale of real estate by an administrator was published on the 6th, 13th and 20th of October, for a tale to be made November 1st, Held, That the three weeks' publication re quired by the statnte, sec. 35, cb. 67, general statute, became complete October 27, and that the sale having been made within the week following, was valid. GILFILLAN, O. J. Charles H. Bell, appellant, vs. Henry Dan gerfield, respondent. SyllabusWhere title to land in a party pleading is essential, and he alleges that he has title, and then proceeds to show how he ac quired it, he must state all the facts necessary to vest title in him. Where a judgment is necessary to authorize a certificate of sale and a deed, the judgment must in pleading be alleged, although as evi dence the certificate or deed may, prima facie, prove the judgment. It ia not sufficient in pleading to allege only the execution of the deed or certificate, or both. Order affirmed. GILFILLAN, 0 J. The Bribe Giver, I Wabashaw Bulletin.! Bill Washburn, the man who bought his way to Congress from the Third district, has been blowing off hia bazoo to a newspaper reporter. 4H&? 't~Z~f9e$'& NEIGHB0BH00D NEWS. amthorod by the Special Report** of the Daily Globe ROCHESTER The Pierce house is a*rertiaed for sale. Preparatory meetings are being held for the coming of Major Whittle. Oar physicians report two oases of malig nant diphtheria in the Third ward. M. Wood, the recently elected register of deeds, enters the office this week. About forty probationers at the M. E church will be taken in full connection next Sabbath. Rev. John Whistler has been absent a few days attending the district oonferenoe at Owatonna. The price of wheat is 91.06 for No. 2. Considering the state of the roads the re ceipts were fair. The funeral services of Mrs. Blood will be held to day. Another victim of that dread diseaseconsumption. Mr. M. V. Rowley lost a fine "Star of the West" horse reoently, known in the trotting fraternity as "Star of the West, Jr." Dr. L. B. Sperry, professor of physiology in Oarleton college, is delivering a coarse of lectures at the Congregational church, and is well patronized. The Record and Union will purchase of the Aldine company their almanac for 1880. A large number of our business firms are advertising in it. Rochester Lodge No. 13,1. O. G. T., are fitting up the large hall in Bennett's block. It will also be oooupied by the Norwegian Literary society and the Sons of Temper ance. As oar mail carrier, Mr. David Leseur, was ascending the stairs in his barn, one ot the steps broke and he fell, severly injuring him and breaking a rib. Two divorces were granted at oar last term of court. Both snits were brought by the husbands. The cases left to the judge for decision will be rendered Dec. 23d. Less than two inches of snow, yet a few farmers came in with bob-sleds yesterday. If we could have a fall of snow in downright earnest, it would benefit trade materially. W. F. Riedell, an enterprising young man from this city, not finding among onr fair maidens any to suit, went to Chatfield, and Miss Alice Sawyer returned with him mar ried. Leaving Chatfield to say: "Thus it is, onr daughters leave us." A little furor was raised on Main street, yesterday, by a little flame coming from the roof of John R. Cook'd building. Th ay of fire was started by some passers-by, :i the heads of some tinners on the root peared over the corner, asking "wheie it was.'' Quiet was restored when it was found it only oame from their soldering iron fur nace. John R. Cook's fine large horses ran away again. We reporters have agreed to pension these horses, for they give us items as regu larly as the months come. This time they became frightened at a steam engine, attach ed to a threshing machine, broke from the wagon and ran into a five-board fence, breaking off the post where it enters the ground. One of the horses was thrown down, the other fell on him, and before the latter could rise, the driver Bprang on his head and held them down for about twenty minutes, till they got over their fright, and let them up. FARIBAULT. NABBOW ESCAPE OF ST. MABV'S HALL. At 11:30 today our streets were wild with excitement at the alarm of fire from St. Mary's hall, and everybody rushed to the rescue of that favorite school. But thanks to the heroic and determined ef forts of the ladies in the building, and the timely arrival of help, the fire wsa soon checked, and when Mr. C. H. Whipple turned on the contents of one of the fire extinguishers kept in the building, the last blaze was pnt out. The fire, as near as we could discover, first caught from a defective place in one of the main flues from the furnace fust under the school room floor in the basement, and had spread along under the floor some ten or twelve feet, driving the smoke up into the sohool room, when the discovery was made. Masons and workmen were immediately sent for, and a thorough examination of all the flues will be made, and defective parts safely fixed against the chance of a similar occur rence. The building is a large two story struc ture, and is occupied by nearly one hundred persons, including teachers, scholars and help. A night watch is always kept, and unusual care is taken to prevent the chance of fire, but where this fire originated, had it been in the night time, might have got beyond control be fore discovery, and then St. Mary's hall would be a thing of the past. WINONA BRIEFfc. Quarter Centennial Celebration of a Church Organization A Brilliant Wedding Event. [8peoial Telegram to the Globe.] WINONA, Minn., Deo. 11.The quarter cen tennial anniversary of the organization of tbe Congregational church, in Winona, was cele brated here last night at Ely Hall. About four hundred guests weie present. After the ban quet toasts were read and speeches made by Prof. Phelps, Hon. Thomas Wilson, Rev. Wm. MsKinley, Dr. Staples, Judge Mitchell, C. H, Berry, Prof. Shepard, Rev. D. Burt and other prominent citizens. An interesting historical sketch of the church in this city was read by Prof. Phelphs. The celebration passed off in a highly gratifying and successful manner. The marriage of Miss Sarah Anderson, daughter of Peter Anderson, a prominent Nor wegian citizen of Winona, to Christian Lee, of Chicago, was celebrated here last night. The ceremony was performed by Rev. Mr. Gjert son, of Rochester, after which a reception was held at Philharmonic Hall. A number of guests were present from Chioago, Minneapo lis, Red Wing and La Crosse. The bridal party left on the midnight train lJor future home. Chicago, their ACCEPTING THE SITUATION. Treading Democrats of Virginia Petition for the Appointment of Colored Jurors. FBEDEBICKSBOBG, Va., Dec. 11.Leading Democratic citizens of Richmond county, Va., headed by Charles Pitts, their recently elected member ot the legislature, petitioned Judge Jones to include within the jury* list such of the colored citizens of the county as the court should think well qualified to serve as jurors. They say the step is both proper and important, as they believe this class of fellow citizens are entitled to representation, which right is the bulwark of all civil liberty. Judge Jones granted the order. The Aquatic X*r. ud. NEW YOBK, Deo. 11.Haitian has made a proposition to Courtney to row for the $6,000 purse five weeks from to-dav, on the Potomac river near Washington. Hanlan says this is the last chance be will give Courtnsy to row for the prize. Banian's ultimatum requires Courtney to deposit $500 with Blackie, referee, as a guarantee he will start in the race. Business at the Ne York Postofflce Naw YOBK, De 11.-The poetoffice yesterday sent by out-going steamers 115,228 letters, tbe heaviest foreign mail ever sent out of the office in one day. Over 5,000 foreign money orders were issued, and they averaged little over $ 12 each. Tbe increased business is attributed to the custom foreigners have of sending remit tances home at Christmas time. This year tbe number sent is estimated to be 60 per cent, greater than in any previous year. Now Wo Will See. AUGUSTA, Me., De 11.The hearing in the mandamus case is concluded, and the decision will be rendered to the counsel to-morrow. Chippewa Falls has had one case of small pox. The patient waa removed outside the corporate limits. ^t^^Jij*?tfjav&rtbte^!!&3a^^ lit*vi GLOBELETS. Darwin resembles the late Theodore Parker in his personal appearance. The Rothschilds have lately paid in England $195,009 probate and $120,000 legacy duty. The London Figaro says that Miss Lilian Bailey is to marry her teacher, Herr Henschel. A New York burglar, finding things dull, has killed himself, to keep his hand in at the busi ness. Raskin has, after many refusals, many prayers and many entreaties, consented to sit for his bnat. Alexander Dumas has gone to the south-of France to devote his whole time to his forth coming work on ''Divorce." Prince Leopold, it is said, will shortly be made a duke and, like his grandfather, take his ducal title from the county of Kent. Sir Julius Benedict, the musical celebrity, though 78 years old, was to have been married last week to a lady thirty years his junior. The young gentlemen and ladies of the New York Seventh regiment, have msde about $200,000 by their three weeks' fair lotteries included. M. Philippart, the famous Belgian-French financier, made bis escape after the recent crash with less than $1,000 ready money in his possession. Jay Gould tells a St. Louis reporter that ho has just ended a trip of 2,200 miles on rail roads controlled by himself. The whole ran was made in eight days. The engagement is announoed of Mr. Hamil ton Fish, Jr., to Miss Mann, Jr., of Troy, a sister of Mr. Franois N. Mann, Jr., who repre sented that city last year in the assembly at Albany". Bas-reliefs and statues, one of them of colos sal size, have been found at Maranthen, near the site of the temple of Nemesis. The inhab itants have forbidden their lemoval to the Athens museum. Mayor Powers, who now begins his eecond term in tbe office of mayor of Springfield, Mass., is a young man. He began to work his way in the world as a newsboy on the railway trains out of Springfield. On the day that Senator Bayard was first elected to the United States Senate his father. James A. Bayard, was re-elected to the same body, the only instance of the kind in the his tory of the country. The king of Saxony has offered a prize, open, to all nations, to consist of silver plate, for the best scheme for rendering harmless to fish in rivers and lakes the refuse from fastones and sewage from towns. Colonel Albert G. Shaw, United States consul in Manchester, has been giving a lecture on American humor, in that city, before a large audience, which was presided over by their member of parliament A knight of the revolver and mask was kill ed very appropriately on the New Haven rail road on Saturday. Probably he often applied rude force to end a victim's life. His own w snatched from him by a locomotive. Rudolf Falk, the explorer, has written from San Francisco to German friends to inform them that a monument in BoIvia, much more ancient than the times of the Incas, has given him a clue to the origin and development of speech and writing. Gen. Grant has declined a reception in New York, and says that he is to leave for Havana on or about the 27th of December. He knows from experience that a reception in New York after Philadelphia would be like a cold aicoer the day after the wedding. Miss Kate Field, who has just returned to America, told a reporter that the things which most impressed her at first were the fact that New York should "tolerate pavements that are an insult to man and beast, and ash-barrels that are an offense to eye and nostril." They begin early in England. The Marquis of Bath's youngest Bon, Lord Alexander Thynn, who is 6 years old, has made his debut in the hunting field with the Wilts hounds, and was so well to the fore that he was presented with the brush, besides being duly "blooded." The Leavenworth Ttmes reeently obtained thepieferences of fifty newspapers published Kansas on the Presidential question. A major ity, of the papers were outspoken for Grant President and Blaine for ice President, lhe Democratic papers harped on Bajard and Sey mour. As Erastus B. Bigelow, inventor of the carpet loom, stood in the office of the Arlington in. us 'in Boston, on Saturday, he lifted his baud i his face and said: "I think lam becoming paralyzed." became unconscious, and phy sicians later in the day pronounced it a huiA.u case of apoplexy. Colonel J. B. Keogh, of North Carolina, in a Herald interview on the Presidency, M "Grant would be the first choice of the Re pub licans not alone in our State, bat 1 think in all the Southern States. A good many Democrats in North Carolina would support him. They did so in 1872." General J. H. Rathboue has declined to be adjutant general under Governor Cornell, bat that office has been accepted by General Fred erick Townsend, who has served in that ca pacity under previous Republican Governor?. It is now filled by General Frankim Townsend, of the same family. It is given positively as a fact in quarters where facts are solid 18 karat that General Grant would have accepted the management of the Manhattan Elevated railroad, in New York, if the directors of the road had been willing. Rut the directors thought that they couldn't afford to pay the salary necessary. The reason why express search has been or dered to be made in Zuluiand for the prince imperial'* watch is that, attached to the chain hia highness wore that relic (a fragment of tbe true cross) which belonged to Charlemagne, came into the hands ot the first Napoleon, and was always worn by tbe late emperor, who re garded it as a species of talisman. According to an accurate calculation, there are 889 candidates for the next general elec tion in England to contest 625 seats. In thirty boroughs returning one member there are as yet no Liberal candidates, and in fifty three there axe no Conservative. In forty-four coun ties the Liberals have as yet no candidates, and in twenty-six the Conservatives none. The spire of the Russian Admiralty in St. Petersburg is, hard times notwithstanding, to be regilt at a cost ot $15,000. The Admiralty occupies a vast square facing the Neva, and one wing of it is confronted by the Imperial winter palace. The gilded spire forms the final point of perspective of five long "prosp cts, and is surmounted by a gilded ship in full sail. A thieves' supper is one of the novelties of London. In a mission hall near Drnry Lane the habitual criminal has found friends, who, on his discharge,, invite him to a festival. This is the principle, and last year 537 have thus had a welcoming hand held out to them on emerging from prison. Money has been given to some. All were entertained and lectured on the principle that honesty is the best pol icy. Count Xavier de Branicki, who died a few days ago, had an estate of nearly $10,000,C00 confiscated when he left Russia to fight for Poland. Afterwards he became one of lie founders of the French Credit Foncier, whcie he made a fortune considerably larger than that he had sacrificed. He gave $100,000 to the ambulance funds in li70 and died leaving an estate of $8,000,000.