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The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, December 12, 1867, FIFTH EDITION, Image 1

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VOL. VlII-No. 140
PHILADELPHIA, THUESD AY, DECEMBER 12, 18G7.:i
DOUBLE SHEET-THREE CENTS.
FIRST EDITION!
HORRIBLE TRAGEDY IN NEW ML
The managers of Rival Baafis of Negro
Minstrels the Parties to the Affair.
FULL DETAILS CF THE MljRDEH
Manager Kelly Shoots Tom. Sharp
ley, und. Manager . Sam
Sharpley Slioot Kelly. .
AXtc.
Kta., St.( JEt Kta., Kt.
XYwnthe JVetu York rapert 1 today.
It would 'sewn, Judging from the criminal
event of the.past low manias, that there la a
certain time of the year in which crime, like
levers ot a malignant ty pc, becomes epidemic,
or, otherwise speaking, that whenever some
iearlul deed of blood is done In one part ot the
city or country, for a week or so afterwards
crimes the were menlloaof which makes oue's
tblcod run Oill with an inexpressible terror,
follow, ore atter the other, 4n quick and awful
Bucc'epflon. The details of borriole crimes that
occur to often in our midst cannot tail to Im
press the attentive observer ot events .and
things with this fact that there is oc.lv too
good ground for this theory. Up to a few days
npo there iiad been ior a month the
ueoal unbloody lull in the aflalrs . of
every-day life in this city and Brook
lyn; but the lull ceai-t'd on Monday last, when
the door of a bed-room in a house in the latter
place wus thrown open, and the distorted faces
of a mother and daughter, locked in the embrace
of death, struck horror to the souls of the
allrtcbtea beholders. The excitement occa
sioned by the mystery overhanging this strange
occurrence,' which is still fresh in the minds of
every reader, has not whollv mbsided, yet a
tragedy nioie (earful, more bloody, and more
revoltiug, because of its surroundings, and the
manner and means used to accomplish It, yes
terday took place ta. the upper portion of this
citv. The facts are a follows:
Yesterday afternoon a matinee was given at
the Fifth Avenue Theatre, which is situated in
Twenty-fourth street, near Fifth avenue, and
just adjoining: the Filth Avenue Ilotal.
Theatrical matinees in the metropolis, gene
rally speaking, ate always well attended by a
large number of actors and actresses, or other
performers on the stage, who, being themselves
employed at their theatres or minstrel balls, are
unable to go beyond their own footlights
to find theatrical amusement otherwise
than at the day performances given at certain
theatres. In the audience which "assisted ," as
tbe French would ew, at the matinee perform
, ance held at the Fifth Avenne Tneatre yester
day there was a large cumber of actors and min
strels among others Sam Sliarpley, of the
Theatre Cumique, and Messrs. Kelly and Loon,
of Broadway.
WHAT LED TO TUB KUHDEB.
It appears that there has been for some time
past an intense feeling of rivalry between these
persons in regard to the relative menu of the
'bUBiness" of their respective establishments,
which was far from being mollified by a rumor
which reached fr'nm Kharpley's.ear since his
establishment in NevYork, to the effect that
Leon bad been slandering him tn the vilest
manner in various wave. When Sam Sharnlev.
Therefore, iperceived Kelly and Leon sitting
near him trie wuiin oi me narrow aisie. oi me
theatre alone separating the seats of the former
rem that of the latter-he determined, as he
' .ays himself, to give Lew a "piece ot his mind"
as toon as the performance had come to an end,
ana the audience had dispersed into the street.
With this benevolent inte ntion strongly Bxed in
Lis mind, Kara went into the street when tho
people beaan to leave the house, and as Kelly and
Leon paused him, he tapped the latter on the
thoulder to attract his attention, l.eon wheeled
romd and Ham then exclaimed: "r'ou've been
talking about me, and say.ng that ail the pro
perly I had was mortgaged. Now, I tell you
you're a dd liar.'' Leon flared up at this com
plimentary remark, and replied ' in equally
polite language, designating Sam as a very low
animal. The latter retoreu by daring Leon to
repeat bis abusive remaik.at the same time
taking oil' his overcoat and placing himself in a
fighting altitude. Leon repeated the remark,
ani i-nmediiitel) struck at htm, and, as tee lat
ter said, was then at once et upon by both,
Kelly and Leon. The unequal fight hud hardly
lasted a minute, when, even to the surprise of
ham, his orother Tom, who had been present at
tbe matinee unsoowu 10 una, ana wuo uaa
been attracted to tho spot by the melee, appeared
npon the scene and proceeded to assist bam by
endeavoring to put Kelly hort de combat.
"loo take care oi him, Tom," cried
Sam, as soon as be was made aware of
his brother's presence, and - desigaating
Kelly as be tpoke: "You take care of him and
I'll settle this lellow," pointing 10 Leon. Tbe
latter, however, not appearing to like the look
of things, made ud his mind that the better part I
of valor under the ciroumstaices, at far as he 1
was concerned, would De in precipitate tiieht;
so, suiting tho action to the thought, he turned
from Hani's blows and ran at the height of his
speed towards Broadway, with Sam iu hot pur
suit. On scaring the corner Luon faced about,
and again was the fighting between the two re
newed, when Ollicer Frease, of the Broadway
squad, who happened to be iu the vicinity,
and sedng that there was some disturbance in
the midst of the excited crowd that surged
wildly about in tbe street, made his way towards
r-ain Bbarpley and Leon, aud succeeded, after a
elicit ttiuggle, in separating tbe two men.
THE MUEDEU.
Just at this moment the report of a firearm
resouDded loudly throughoui the street, pro
ceeding evidently from the spot near the theatre
door where, ffuring tbe bant between Smu
fharpley and Leon," Kelly and Tom Sharpley
had been also de-perately Dub ing. As the
clear, ringing report fell on his car, Sara
feharpley turned quickly about and saw his
brother fall heavily, as if deal, into the gutter
by tbe sidewalk, and Kelly wiik up to the body
as it fell, aim his revolver at tbe rostrae lorui,
and discharge tbe contents ot one ol Us barrels.
ALMOST 4 DOUBLE MCEDER.
Sam took the whole sceno lu at a c lance, aid
drawing hie revolver, rushed maoly towards
Kelly, discharging one ot tbe barrels as he ap
proached him, the bull taking e;iect just behind
hU intended victim's left ear, aud lodgiDg over
the temple. He again quicklv cocked bis re
volver, and again aimed at Kelly; but before
the bail was discharged Ollicer Freese hid
teized hold ot his arm, and hy wrettchtuif it
upwardsthe direction ot the bullet waicoanged,
it pacing, however, through the index finger
of Sam's lett hand as it sped Irom lu chamber,
causing an ugly wound.
SCENES IN TUB VICINI.IT.
It would be impossible to portray the terror
and confusion tbat reigned auong ihe crowd in
the street at ibis ataee of the terrible affray, kt
icon as Tom Sharpley had fallen, struck by the
firht bullet from Kelly's revolver, tbe multitude
ul persons men, women, and children, the
larger pcit.on ot wbom had ju-it come fioin the
theutre, and who-e number were b-inir at
every second augmented by the people coming
tut of the house and by tbe buudreds who bud
been a.tructed to tbe spot by the report ol flrti
ai ma, scattered in all directions, the wouiea
fcj4 ckUdxia ftVylag utteraact to, u
OPJst piercing : shrieks of terror. The
r.ien for a time seemed rooted to the spot
by the sudden horror of the scene, and hut
three or four dared to advance towards Kelly,
or even towards the pot where tbe body of
Tom Bharpley lay watering in blood. tso
spell was but momentary, however, and as
Ollicer Freese seized hold of Sam Sharpley, and
struggled with him for the possession of his
revolver, sevetal men rnshed forward to his
assistance: others proceeded to lilt the body of
Tom Sharpley, awd others to look after Kelly,
who bad suddenly disappeared in the crowd,
but who wasfrnsKy tound by Officer Kennedy,
of the Twenty-ntuth Precinct, alter a diligent
search, nrsr the drag store corner of Twtnty
fourth street and Broadway, where he had
been conveyed by his friends,
- TBI MURDERED MAN.
Tom Sharpley, when lifted from the gutter,
was found to be dead, the body having been
Fiierced by-two ballets; the one, it is believed,
n tbe refiloa of tbe heart, and tbe other In the
head. The corpre wan carried Into the vestibule
of tbe theatre and there laid upon the floor:
strange to say, the crowd that had hurtled and
tootfciiy surged about it belore, maintaining,
fu if bycorouion conwnt, while the body was
being carried throueh tbelr midst, a silence
tbat whs painful in tbe extreme, so suddenly
did the hu? b of voice and the subsldenco ot the
confused noise of many feet on the pavement
fall upon every one present.
SCENES IN THB THEATRE.
In the custody of an ollicer, now weeping most
bitterly, now ventaug bis grief in bitter invec
tive on tbe nuirdeier of his brother, and threat
ening, in Hi madness, all manner of vengeauce
on bis bead. Bam Ehaxpley waa brought into
the vestibule, and stood in the presence of tho
dead. The sight of the corpse seemed to work
upon him most powerfully, and it was as much
as his friend could do to quiet htm and prevent
his attempting to seek out Kelly to avenge tbe
death of his brother. He became more quiet,
however, as the afternoon wore on, and when
the body of the dead man was taken to the
Wrrgueaod himself to tbe Station House, he
PI eared the more seriously to realize the
awlul tragedy in which he had acted so oloody,
and, perhups, so fatal a part.
THB MURDERER.
As soon as Kelly was taken into custody he
was conveyed Into the drug store on the cor
ner oi Broad way and Twenty-fourth street, and
accompanied by Lon was ied to the baeoieut
ot the house, where a physician probe i bis
wound, and found tbe ball deeply embedded in
tbe head, above the left temple, it bavingpassed
in behind tbe ear. His leit eye was conside
rably bruised, which be snid was caused by a
blow be received Irom Tom Sharpley. He did
not appear to be suffering much from his wound,1
which has not been declared necessarily mortal,
tbouch very serious, and conversed quite freely
with his friends. In reply to a question concern
ing his shooting Tom Sharpley, be contended tbat
he bad drawn his revolver in sell-defence, but
retrained from talking much upon the subiect,
evidently feeling convinced tbat to keep bU
own counsel was the best thing he could do
under tl e circumstances. He expressed a great
deMre that tbe perlormance at the Theatre
Comique should not be stopped tbat evening on
account ot the affray in which he wa concerned,
and was evidently much cbaurlned when told
by Captain Speight tbat Leon would have to
consider himself under arrest, and, therefore,
would be unable to perform that night, Kelly,
to judge from his outward manner, did not,
at least within a few hours alter the murder,
realize the full horror of bis fearful position.
GOING TO THE STATION HOUSE.
It took but a few moments for the physician
who was called in to attend him to examiue and
partly drees Kelly's wund, aud as soon as this
was acne be, with Leon, was placed in a car
riage, with an officer on the box oo-ade the
duver to anticipate "accidents," and wa oon
veyed to the Station House. It required no
small eflort on tbe part of the police to keep
back the crowd that thronged about the car
liage, fully two thousand in number, as Kelly
v.as placed in it, and wbeu it ami the wagon
containing unfortunate Tom Sharpley's body
drove oil, it was followed for several blocks by
a large number of excited mm, each of whom
seemed to vie with the other in keeping nearest
to tbe carriage and fbe waon, although neither
the body of the murdered man or the murderer
was in any wiee expos-ed to view.
Tbe following S'a'emcnu were substantially
maae to our reporter by Sam Sharpley, Lion,
and Officer Fiecse:
STATEMENT OP SAM SOARPLEY.
I went to tbe matinee at tbe Fit'ih Avenue
Theatre tbia atterooon, having tome business to
attend to with Mr. Garland, and on entering,
an u-her, recognizing me, wanted me to take a
Jront seat, but 1 refused, and sat down in one of
tbe seats not far from the door. If I had taken
the front seat, perhaps what b happened
would not have occurred. 1 bad scarcely been
scaled a minute when afews'ats to my left I
saw Kelly and Leon, and as I had buen toll
that the latter bad been spreading about the
untruth that all tbe property 1 nud wai mort
gaged. I determined at the end oi tbe perform
ance to give him a piece of my mind. Besides,
we bad rival houses in Bo-ton at one time, and
Kelly and Leon had Induced two or three of my
people (minstrels) to leave mr bouse.
When the people were coming out afler the
matniee I stepped up to Leon, tapoed him on
tbe btonluer and toltt him I had heard be had
been talking to and so about me, and ( wanted
him to understand it was d d lie. He called
me by en opprobrious name, and on my daring
him to repeat it and on hit doing so I took off
my coat, and we beeau to qu iirel, Kelly joining
Leon auainst me. Snddeulv my bro'her Tom
came up. he having been a' the matinee, I sup
pose, without mv knowiug it, and I told bun to
manage Kelly w bile 1 would attend to Leon.
Tbe latter started to run then, and I after him,
wbeu I heard the report ot a pis-ol. turned
iound, saw my brother tall, and Kelly stand
over bun and shoot at bra wtienhe wis down.
I then drew my revolver, tired at Kelly, and
was about to fire aain when the officer ezei
my bnnd and tbe bullet went tbrougo my own
cneer. I never balauy 111 feeling against Kelly
personally.
TATEMENT OF OFFICER FEBESB.
I was on Broadway nar "V'M-nty-'oiinh street
this af'eruoon aoout 4 o'clock, and on looki is
down the street my atfntiou a a tractod hy
the audience cotn.ng nut of the theatre. I tbeu
saw two men. wm turned out to be Leon and
Sam Sliarpley, tiirbtme I went and fepara'.ed
theui, and j list thn beard a report of a oreartn
in tbe direction nearer the ibeatre. I ros'ied
forward and ha IVm bbarpley tall into the
gutter ai.d Kelly del v?r auo'ur shot Into his
body wh le I. whs ou tb" ground. Sam Sharpley
tbeii iii: bed up, am be'ore I could stop hl'h
bot Kelly, and as jm kiiig his revolver to tire
again, when I seized hold o' h a arm aud changed
the direction ol tbe sr.o',
STATEMENT OF LEON.
I was romti g out o' tbe iheatre, just after tbe
maiinee, when Sim Sarpiev ci'ue up behind
me aud used tne moat abn-ive luniruuge to me.
1 had no. interfered with bun in any manner.
We i hen got Into a quarrel, wheu dan Sharpl.-v
struck ne a bio m the lace and his br ther
attacked Kelly, The stoo'ius ' ben took plae,
and I believe Kelly tho- Tom Sharpley iu self
defeiihe. '
Tom Hbarpley, the mur l"ie 1 mm, wa thirty
one years o ac: lollowed m9rcnille parauiU
as a vot a'.ion ; was marnd, and lived in T venty
sevenib street, iear Fifth avenue. He was a
stoutly built, finely foned n an, and it it said
by hie' friends as noi over given to irettiog into
diUiculue with o ber men. He leaves a ti e
and two children.
Sam Sharpley, who shot Kelly, (s thlrty-slx
pais ot a?e. a rains rel a' tbe Theatre Comioue,
Is married, ana has one cb.il i. He resides at lha
Hevere House.
Kelly is a Moutlv built man, a ll't'e over tho
mc dium size, and is a joint proprietor of tho
ni'untrel hall conducted under the or in name of
Kelly A L on.
An Inquest will beheld OQ th bodv t lie
Btuxdticd nan to-day,
CHARLES DICKENS.
Bala of Tickets Tstrdajr t Rttlnvray
1111 for tba Reroud Cotfrs of Readings.
"8amlvel, my son, bevare of the vldders,"
was the constant advice of tne elder Wellnr to
hta hopeful progeny, tba attendant of Pick
wick; adU the New York people might be ad
vised in a similar manner to "beware of the
agents" If one might Judge by the way la
which those gentlemen operated yesterday at
the sale of tickets for the Linkens readings In
fstelnway Hall. Tbe airenttt flocked early to the
scene, and, having secured comfortable posi
tions In front of UK) queue, thought they were
going to have It all their own way, and be able
to buy np the bunt seats and sell them at fabu
lous prlecs.
Tliey were mistaken, however. Mr. Dickens'
manBger was too acute for the enterprising
tlckeleeekera, and by a dexterous flank move
ment disponed of the back seals first. These
lb speculators were naturally forced to buy in
turn.utid as ach person was only allowed to
fiurcbese six tickets, the agents had to retreat
rom the literary auction, and the general
puMio were thus enabled to have a chance of
einins! tickets at st fair price by purchasing
tbrm dlrecily for therneetve.i, Instead of being
forced to proon re them through, the agent at s
more than cent per cent premium
From 8 o'clock yesterday morning the crowd
outside of Stelnway Hall began to gather, and
ty lu o'clock, at winch hour the ticket nrtlue
wps opened, more than four hundred persons
had assembled, and these, forming In long
line, or gveve, which reached from the hall
round Irvu g place In front of the Academy of
Music as farasth vomer of Fifteenth street,
walled Impatiently to have their ehanoe of buy
ing pasttboards for these reading of "Ito"
Nearly all the characters of the finions novelist
might have been rbserved among the crowd.
Captain cuttle was there, carefully wrapped up
In a pilot Jacket and fur collar, and calling out
to 'Waller, boy" to "stand by" while fully pre
pared to make ' note of everything, an set
down In the catechism. "I. II." too, was promi
nent, ami Mr. Corker might be seeu smiling
and allowing bis teeth as usual, preparatory to
procuring a iront seat in the balcony. The "fat
boy" WBHBgleep, leaning against a lamp-post,
wearied out by his lneflecliial attempts to get
into tbe ring, while Ham Wei lor was chatting
tbe crowd and raised tbe Dickens with Mr.
PecksnlfTand Ohueclewlt, Mark Tupley all the -time
exclaiming that it was "awfully Jolly."
All kept in line, however, aud walled paiienily
to Ret thfcir turn without any scrambling or
confusion; arkl although the tickets were given
out rapidly there was no perceptible decrease
in tbe numbers of the crowd. As each
man got into tbe ticket oirice he banded
forty-eight dollars to the clerk, aud got his
six seta of tickets for the course of four
itsdings red tickets, white tickets, purple
ticket, and green tickets. The best piaoes
were soon sold off. aud ere twelve o'clock tbe
upper balcony was the only place left vacant
lor tbe seekers after Dickens to avail theru
selvfsof. Tlieae latter tickets wer also soon
sold ont, however, aud within three hours after
tbe suction began the last seat was disposed of
and tbe sale ended. Many people had to go
sway disappointed, and bewailed their fate In
not bavli'g got up earlier to Stelnway Hall.
One enthusiastic Individual Is reported to have
stared in front of the building, from eight
o'cloi K on tbe previous evening, in order to be
In time the next morning. It is to be hoped
tbat he secured a good seat.
Heveral policemen were present to preserve
order all tbe morning; hut their servloes were
not particularly required, as no nolso or distur
bance arose. The people filed in on one side of
a barricade erected across tbe ticket otllce and
then filed out at the nlber side lu regular order
after procuring their paaaes and exchanging
their greenbacks. The arrangements appeared
complete to save the puhllo and the employes
trouble. "Tbe Colonel" himself would have
been satisfied, and even Mr. JeOdrson Brlok
seeu nothing to giumble at. -
Mr. Dickena' Visit to ttie "Black Crook."
Last evening Mr. Dickens vlsted Niblo's
Tb aire and tne Black Crook, thus adding one
more to the eight or nine hundred million per
sius who are advertised as having viewed that
HblonlshliiK spectacle, which In lta wonderful
run outstrips all oi her poaslole plenea He kept
himself In the shady background of a prosce
nium box, and although It was very geceially
kDOwn that he was present, he was seen by but
few, and thero was, of course, no demon
stration. Mrs. tnd Mr. J. T. Fields, of Boston, and Mr.
Dolny were of the parly. Mr. Dlckeus mude
u n unw Ise choice la the theatre if be wished
to tee a, New York auitino; and perhaps re
ceived no more notable lmprekslou from bis
vlKlt thin a little wonder that even an ass-ra-blBKe
of New Jersey oystermen could take de
light. In snch a round of Incomprehensible
puerilities as this plec- presents aside from
the dancing. AT. Y. Herald nf to-day.
VIRGINIA.
Organization of tb Conservative Con
v v.ntlon in Richmond.
Washington, Dec. 11. I have just receive!
the lollowing from Richmond: Tbe Couterva
tive Convention conveued th's. morning at 11
o'clock in the theatre. A large number of dele
sates were present. Tbe Convention was called
to order by Mr. Willouguby Newton of West
moreland i ounty. On his motion Tnomas Jef
tetson Randolph, of Albemarle county, was ap
pointed temporary chairman.
Tbe Committee ot Thirteen on Permanent
Oieanizaiion reported tbe name ot A. H. H.
Muart, of Augusta county, as President of the
Convention, and thenumes of K. M. T. Hunter,
8. D. Moore, S. S Bjci.ck, Colonel ft. T. Preston.
Thomas S. Flournoy, General J. L. Kemper,
C. M. ewton, William H. Mactarland, Colouel
G W. Bollinir. 3eueral J. A. Wauer, John K.
Tucker, R. W. Uunicr, aud Wood liouldivin as
Vice-President.
On takine tbe ch tlr the President thanked
ihe Convention for the honor they had con
f el red upon blm in miking him the chairman of
an sssemblv which embraced o large a portion
of tbe iitell'gence and patriotism of Virginia.
Tbey met uuner ctrcumstaices of powerful inte
rest and solemnity. They ha I met to advance
the iu'erests of no party. He thanked God that
tbe striivsle tbrouwh which tbey bad passed, if
it had rt'ected no hine else, had oblitera'ed old
party lines and anlnaoBiiie. They came not as
Wtiigs or Democrats, but a V rgiuiaos. They
caa ewi h no ageresmve purpose, out ouly to seek
a ri storatiou oi tbeirrignis. Wu-n the war closed
the people were told that if tbey would repeal
the act of Secession aud repudia'e the Coj
f.. derate debt their rights would be vectored.
Thev pp mpily acceded to these terms which
involved no eaciilce of seU-reppeid ; but new
coudlnom bad beeu imposed upon them. Tbey
wuuli be laise to their nature, false to the
niemory of their ancestor?, it ibey were to ac
cede, 'ihey came with united voice t proteat
agamst the move to inuugura e other than a
whue man's pxrty. Tbey came to appeal to tbe
tense and the justice of tbe North to comply
wiih their promises They were surrounded
by d iliculiics on every side. Tbey rau-t
be caretul. They were aware that a
inovi meat wa lu lorce to prevent ihe laud of
Wastiuaion. Heniy, Mad i.-on aud Jetlerou
tioiw beieg broupbl under the domination of au
alien interior race. Tbey wanted orguulzation.
As waa said by H eir temporary cbairinan, wh'tt
ever opinions iby rright have eutertamed in
retard to tece-su.u were now regarded as erro
neous, or at least as lmoraciicable. It rem lined
tor them to endeavor to becure io Virgiuia her
inst r ctits, and to pre erve thn institutions cf
Vlrpinit iniaot. Their r ght miebt b wres'ei
from them by viol-nce; but he ws cond lent
that no n an in ihe bearing of his voice would
ever be accetsorv willingly to her degradation.
The set-siou ol the Cjd vcntion will be resumed
to-morrow.
Doctors Diffbb. Dr. Bushnell makes, in a
chapter on Insect Infestations, powerful
argument in favor of the omnipotence aud
benevolence of the Deity. The New York
correspondent of a Loudon paper, however,
wonders tbat skeptics have never based an
argument against the possibility of an om
nipotent, omniscient, and purely benevolent
Creator upon tlx cooxiauimi tJ til iuosiaito
Mlsuan,
SECOND EDITION
FROM WASHINGTON TO-DAY.
Ihe Whisky Men and Congress The Snow
and Hall Storm at the -Capital,
Etc.
special despatches to tub evening telegraph.
WAaaiNOTON, Dec. 12.
Tb Btorm and It Polnga. '
A severe storm of rain, snow, and sleet com
nienccd during the night, and has lasted all the
morning, seriously Impeding locomotion through
tbe city. Some of the city railway cars were
stalled on the streets, and many clerki of the
depattments were late at their desks in conse
quents The trains from tho North arrived in
good season.
Diusads ef the Whliky Men.
It is not likely that the demauds of the distil
lers and rectifiers, as in Jicatcd by their proceed,
ings last night, will meet the views of Congress.
The changes in tbe law as proposed by tbem
would leave them masters of the situation. They
are opposed to all espionage on their business,
and disapprove of subordinate revenue officers'
except assessors and collectors, whom tbey
know by experience they could easily control in
most cases. This sweeping change will find few
friends in Congress.
FROM EUROPE BY CABLE.
Horning Report of Utrkstt,
London, Dec. 12. Consols for money, 93; U.
8. Five-twenties, 72; Illinois, 89J; Erie, 48.
Liverpool, Deo. 12. Cotton quiet aud un
changed. The sales are estimated at 70U0 bales.
Bieadfctufls are quiet.
Shipping Intelligence.
Southampton, Dec. 12. Tbe steamer Cimbrla
has gone to Belfast to receive repair. Tue
SaxoDia arrived at midnight.
QuEENsrowN, Dec. 12. The steamer City of
Washington has arrived.
'' On o'clock Market Report.
Lonpon, Dec. 12 115 P. M. Consols have de
clined to 92 13-16 for money.
American securities are steady and un
changed. Paris, Dec. 12 There is a strong feeling on
the Bourse, and Bentes have advanced. , .
Liverpool, Dec. 12 115 P. M. In cotton
there is rather more doing, and the' sales will
probably reach 8000 bales. Middling uplands,
7Jd.; Orleans, 71d.
Breadstuff's Tbe market is dull and quiet.
Corn is quoted at 46a. 9d. per quarter for mixed
Western. Wheat. 15s. 2d. lor white California,
and 13s. 6d. for No. 2 Red Western. Barley 6s.
3d. per bushel. Peas, 3s. 8d.
Provisions Lard has advanced to 50s. Tallow
has declined to 44s. Beef, 112s. 6d. for winter
cured. Pork, C9s. ior Eastern prime mess.
Bacon, 41s. for Cumberland cut. Cheese, 62s.
Produce Rosin, 7s. 3d. for common Wilming
ton, and lis. ior medium to flue. Petroleum,
2s. for spirits, and Is. 3d, for standard white.
Sugar quiet at 26s. 6d. for No. 12 Dutch stan
dard. Cloverseed, S9s. for Americau red. Lin
seed oil has declined to 37; whale oil, 39;
sperm oil, 112.
FROM BALTIMORE TO-DAY.
Political Petition for nr. Mndd'a Par
don The Know and Hall Btortn, Etc,
SPECIAL DESPATCH TO THE EVENING TELEQB APH. J
Baltimore, Dec. 12. John W. Garrett was re'
elected yesterday President of the Baltimore
and Ohio Bailroad. fie made a handsome Speech,
raying he only consented to a re-election be
cause cf an anxiety to carry out certain enter
prises in existence connected with the Company.
The Maryland physicians held a meeting here
yesterday, alter their regular session, and ap
pointed a comuiitrea to visit President Johnson
and ask tor a pardon of Dr. MudJ from the Dry
Tortuvas.
Ex'Governcr Pratt is now rnnnlng in strong
opposition to Govemor Swann tor United Stales
Senator.
A terrible snow storm is now prevailing, and
it is jtxtremaly cold, with almost a hurricane
of wind '
Jlailroad Accident. .
Clevbland, Dec. 12. A local freight train on
the Cleveland and Toledo Bailroad oroke
through tbe bridge over Sandutky river, at
Fremont this morning. Tbe engine and ten cars
are in the river. The conductor, named Carver,
is missing and supposed to be in the wreck.
Markets by Telegraph.
Diw York, Dec lx Blocks strong. Chicago and
Bock Island, 97; Ilea1 lug, Camon Oouimuy.
1'V, Krle Knilroud. 7. Cleveland and Toledo, liS'i;
Cleveland and Plttaburg, m: Pittsburg and Fort
Wayne. -,'; Michigan Ceutral, IH'X: kUcblgau South
em, s?'.; New York Central, 1175; Illinois Cen
tral, Cumberland preierred, 128; Missouri 6s,
Hudson Klver, 182X: U. a Flve-tweutlea,
lirt,; do ISM. do. 1865. los.V: Ten-forties, lot :
pfvrrj-thlitles, lei. old, hiS. Money, 7 per cent,
ijcliaime unchacged.
RAILROAD ACCIDENT.
TerrlVl Casualty on tit Vermont Cen
tral Railroad A Car Filled with
Laborer Backed flf th Abutment of
a Bridge Into th lllver, Seventy Feet
Below h rightful Los f Life.
Burlington. Vt., Deb. 11. Abiut seve i y
vt orkimu, mostly eduouted mecbauics, dint d
at the Nortbfleld Hotel at half-past 12 o'clock
to-day, and immediately afterwards proceeded
by a train, composed of an engine and one pas
fcrtiger car, to Hailow Bridge, one and a half
miles distant, up a heavy grade, the train
moving backwards. As they approached the
bridge tbe englueer could not shut off tbe
attain readily, aud only succeeded iu checking
the speed ot tbe train in time to save the en
gine Irom going over the embankment. As
tbe centre ol tbe oar struck the biinkof the
pitclpice It broke fntotlnee picots, the roof
sliding foi ward and hail tne body railing seventy
feet to iberlvtr bed.
About twenty-five men were spilled out In a
pile ou a shelving rock twenty-five feel below
tbe track, the rear half ot the car hilling upon
tlieiTi, and (tie tender uuon tbetopofth.it. it
wusibere that most of the fatalities occurred.
The tender leinalned on the bbeir. About ten
I ertons saved themselves by Jumping fro.n the
car before reaching the brlok. Fifteen were
instantly killed, aud four more died soon after,
nnd there are others that cannot survive.
Beareely any ecaped aerlous Injury.
bupei lnleudenl if. il. Locklin, who was rid
ing on the rear pisiform of Ihe oar, and Mr. W.
Tenny, master bridge builder, who was on tUO
tender, escaped byjurapiug.
The dead and wounded were brought to
Nortbfleld by cars and sleighs, and surgeon
were called there from all the eaalern part of
the Htulo. A special train from this city car.
led physicians and help.
Those falling with ttie half or the car that first
went over the en tire seventy feet are mostly all
living. ,
The deceased were all among the most useful
men lu Vermont, aud will be sudly missed by
the Hlale at large.
There are luaiiy rumors afloat censuring tbe
engineer; but Is hoped tbat he Is Innocent.
Many believe that wbeu be wished to slop the
train tue engine was beyond his control. Ills
name is Frank Abbott, and lie has been in tho
employ ol ihe eouintiuy uauy years.
ina.uU wlU be hUd UuUijHlIalelyt
LEGAL INTELLIGENCE.
Th Libel Case Commonwealth r.
tleeaer.
COURT OP QUAriTKB RiCSSTONS-JticW Pre,
ster. This morning Judge Krewster charged the Jury
in the case of th Commonwealth vs. Meeser, as rol
lows: Gentlemen of tbe Jury: As yon have hoard this n
a proeeTutlon tor libel, Ihe Indictment charges In
substance ihat tbe defeodaDi. on tbe first dav ot De
cember, 1867. puhllsheu In a certain newipapor la this
city, est led ihe iVtiwnv Ttferettn. a false and mullolous
libel or and concerning William IS. Maun, the District
Attorney or this county, against the form or the
statute In surli caoe mane and provided, and agaluat
Ihe peace and dignity or the Commonwealth. . .
Ii It necMnry in all men case for tue Jury to be
saii.Bed beyoud all reaaonable donbt:
Knot-That the defendant published th article
mentioned In the Indictment.
Peound That tbe matter he pnhllahed was libellous.
Third That it referred to tbe person and con
veyed the insinuation! charged In ihe Indictment.
Th Commonwealth Is bound to make out all tbeu
fioint beyond a reasonable doubt, before tbe da
eDdant can be required to present his defense.
It tuny be proper to remark that laws punishing
libels bave altar round a place la the Jurispru
dence or all nations who bave valued the cnaracler
and honor of their clttr.ens. Amongst the Jeffs, to
slander any one, particularly those lu authority, ws
exprtssiy rnrbldden by tbe laws or Moses. Tue
same principle was rrcognlzed even hy heathen
rulersand legislator. Lord Coke mentions a law of
tbe JLydiaDs, by which the publishers or a ilaudnr
wer to belet blood In the tongue, and the listener
and arp'anders in tbe ear." Tne laws ot the Pr
alans, of bolou, aud of Home all punished ibis
oflense.
Juatlnlan In his iDs'ltutes classed libels amongst
private Injuries ol the blgbesl degree.
King Anred commanded tlint lb forger of slander
should bave bis tongue cut out. nuless he redeemed
It by tbe price ot b s bead; and tbougb tbe sevorlty ol
sncn punishments whs In tlm mitigated, the offense
CI libel baa always been punished In .England and all
the t-UtUt ol Ihe Union.
The r.a on given for this Is, "that th effect of a
libel Is a twofold damage a damage to puhllo order
by provoking private contentions. technically termed
bretcbesot i be . peace, and a damage to the Indivi
dual in bis cbaraoier and credit."
It la tor the brat ot these reasons (that a libel pro
voltes "a breacb of the public p.aoe") tbat the saying,
"the treater th truth tb greater Ihe libel.' has
f eased Into maxim, "lor ft Is unnecessary tttny
hat the public peace maybe equally interrupted by
tbe provocation of a libel, whether tne tubject matter
be true er ralne."
It is, however, ntetess In the present case for ns to
enter upon this vexed question, for tbls defendant
bas not offered to prove tne truth oi the charges con
tained In the alleged libel, lie rests his detente upon
a position entirely different, utterly denying tbat ha
ioteuoea lo point io th District Attorney, or, Indeed,
to any pei boo.
It may be Interesting, however, for ns to know that
While me remarks ot General Hamilton tail U ,
Jrsttce (aftf rwerds Chancellor) Kent, la People vs.
I'roswell, for a libel on the President of the United
Hi ales (S Johns. Caa 887). led to tbe passage of a law
In the Hlale of New York, permuting tbe truth tn b
given In e,nence In sucn cases, and while Keutucky,
Tennessee. Ohio, and New Jersey have reoogolxsd
tbe same principle, thebtate of Pennsylvania was uu
first to take this step lor the security ul the .Liberty of ,
rim.,
passing from the consideration of these general
matters, let us direct our attention to the especial
tlemenia or lls prosecution:
First, then, as to tbe fact of publication.
Tbe Commonwealth alleges tbat tbe defendant Is
one of tbe proprietors and publishers er th paper In
which tb alleged libel appeared. Mr. Michael
Byrnes has proven that be bought on of th papers
containing this article at the oOloe of th tiaiuiay
Mfrevry. .
Mr. Charles P. Wilson says that he was employed
by tb deleodant lo attend to a department ot this
paper, and tbath bas seen Mr. Meeser at tbaorUce.
Mr. Uraffen states mat be Is la thq olllse ot tbe Sun
day Mercury, and tbat Ihe defendant is on ot the
uublLibeia.
Mr. JibnW. Trszler. th United States Assessor,
atid Ueneral A. !. Megllton prove toat the Uo era
men! tax Is assessed and paid iu the name of VVil.Um
Metser&Co.
Air. William F. Fenton, of the Letlaer office, proves
teat tbe forthcoming- publication oft his article waa
adveiilsed iu the lutlic Luiger, and be produces tbe
manuscript ot tbat advertisement, wblcn Mr. Qrafleu
testlbes I In the handwriting of tba defendant.
The witnesses for the defendant also connect him
with tbe publication of tbls newspaper, and I pre
sume though Ibis Is entirely for you tbat the allega
tion that tb defendant Is on' ot tbe proprietors la
hardly a question or serious dispute. Ir you so ltul,
tbeu tbe lact that others may be la partnership with
him Is r llaelf no deleuse.
Tbe second point which It Is necessary for th
Commonwealth to establish is. that the article pub
lished waa a libel. A libel has been defined to be
"a malicious publication, expressed either In prlnt
Ira or writing or by signs or pictures, tending
either to Injure society generally, or to biackea
the memory ot one cead, or the reputation of
on living, audexposehlm to public hatred, contempt,
or ridicule." Our statute upou this subject, declares-
"I hat ir any person shall write, print; publish or
exhibit any malicious or defamatory libel, lending
either to olack en the memory or one who Is dead or
tbe reputation ot one who Is alive, and thereby ex
pose Llm to public haired, contempt or ridicule, sucn
person shall be guilty or misdemeanor, aud oil con
viction be punished as therein directed."
Yen will tbereiore see ibat upon this branch of th
rate It will be recesiary lor you to hud ibat tbe arti
cle was rtallcious and waa calculated lo blacken the
reputatlea of tbe prosecutor and to expose him to
public ban ed, contempt, or ridicule.
The Commonwealth avers ibat the article In ques
tloiu c nies directly within these deilmtlon of a hnel
It Is sain that it charges tbe District Attorney with
serious crimes and misdemeanors, and tbat it holds
blm up to public haired, shame, reproacn, and ridi
cule. If this Is the true effect of the arilole.it is be
yond all doubt, a libel of no ordinary magnitude. But
ti ls. Use all Ibe other questions In this case, Is a
matter exclusively lor ytur determination. It will,
therefore, be necessary for you loouuSldtrr tbeobargea
lu the paper.
It speak or tbe deeds of tbe person referred to, and
aj a that none or them was good that years of plan
litug.Bchendug. contending. cheating, and defrauding,
such I s ate Incident to the life of au unscrupulous
politician, bad .tamped upn his face a look of ma
lignity and cunning.
It charges blm as used to deception as having lost
finger In a bar room fight with having hunted a
persou down aud tbrust blm luto a prison cell tot
twenty years aa having been a rough at having
beeu otice concerned la a larceny cause, and baving
learned the law that be might evade Ik it adds tbat
he Indulged lu bar room fights, it represents him as
offering a gross Insult to an unprotected female, and
as being chastised by ber relative lor tbe Indignity,
as rommaudlug tbe tervfee of tbe worst characters
lu lb oily, a bavfng been "In secret partnership
with the sutler ot his reglment,"hvlng 'made all tbe
money be could out of the boys," and taking "good
care to resign and come home assoou as there was
any prospect of a light la view."
if you believe that these sud tbe other parts of tb
article In question come witblu tbe dt-ftuitlons of
libel, wfclcu I have given lo you, and that It was ma
licious, and was pnbhsbed by the deleudant you
will "then pats to the coniderai!ou or the third
p. Int to which I have called your altentlot. vis.,
Does tills article allade n t persom aoddoeslt
convey tbe Insinuations charged la tbe Ind ctiaent ?
The publication la question relers to a person styled
therein as tbe Uouoratle William filllmau. as a Tri
bute ot Philadelphia, as having au otllce, as wanting
a finger between the fore ringer ad little Bnjer or
th right hand, as being a lawyer, a man of authority,
occupying a proud and high pnsllt. n. and as having
belonged to tb 2d Kegimeutof Pennsylvania He
serves. .
Th Commonwealth charges tbat these and other
matters ol description point to the prosecutor with
such rerlalnty aa lo h ave no reasonable doubt In th
n indf of all readers of the papers, who knew the
pi osecutor. that hew us tbe person.
lu support or this allegation, ihey have called a
rumbir of witnesses. Messrs. Keinak, McMaues,
( asviday, Phillip, O'Ryrne. Brooke, Nnvlor. hiding,
Greene, HudUlman. Imsenberry, Bradford. Hacker,
sber, Helsier, lift' low, Hterr. Berry, KedhefUr,
Glveu, Cochran, Mre, Nunes, Cliipman, Walxer,
vbls, Ir. Dully, A iderman Tlttermur. and Alder
man Alau'e have been examined upon 'ids point.
These witnesses slate that tney bave known Mr.
Ill ami, some of them, for many years several of
Ihtin bave known hltn from soyhooil, aud all with
mere or less distinctness say ihat tbey uuJerstuud
Hie article 10 refer to blm.
Tbe defendant, on the other hand, ontenda tbat
Ibis publication did not allude to Mr. Maun; Ihat it
bad no reference lo any particular person, and was a
mere work of llcllnn. Innocent in Msdeslgu aud barm
It bin lu conii ovltli.il.
1 o support Ibis view of tbe case, he has c ttleT A. F.
Ulli, who sas tbat ihe grealtr prt ot this article
was written hy hioiself at som distance Irom Iheclty;
tl at it was tent to the ollice here by mail: that tbe
n liter did polkuow Colouel Mann, bis aiiiecHdent,
or the Iobs of bis fure linaer; that U was a mere flu
tine, and had uo reference In Mr. Mann or to auy ouo.
Mr. Oraflen bss alsn slated ihat be received a uuk
ate from ihe Pott Ollice. aud be bas given you the
acci uut of v. hat be afterwards saw lu tbe dufendaul a
They bave also urged, wllh great ability, that
tbeie wts au atiseui e ot all malice, twat trie publica
tion was In tbe regular course or bu itness, that th
hh.,i v i the nrck la to be nreserved Iuviolate. aud
l) at lor all ibe.e resnous lb deiendaul is eutttled to J
an ai quittai.
1 ei us look at the several proportions. If you
)ave a reasonable dnuht as to whether the article
leffrs lo Mann, lit deleudant should bd acquitted
But beyond all doubt, Mr. Menu has loil a fioger.
i'r. Thome, Mr. Logan, Dr. Kidev, and Mr. Mann
filMiseJl, describe tbe occasion or Ihat loss. He waa
also Colonel or a regiment or Pennsylvania Ke
rves. (iovernor Ctirltu, lr. Heed. Captain Mealy,
Cauialn llymes, and Mr. Mann prove tins, aud I un
derstand tb deieudaut's oouuael to admit that he
held such an ollice.
lie Kin Hot language of tbe article, "a lawyer a
man of authority, occupying a high position," and the
nam aUixed to the person ekelohed lu lb alleged
libel is a iiame by which he has been accorillag to
to the evidence ol Mr. Itemak known and called. It
n'um also be adm tied that the division of ihe word
Bl linau lato two words presents to lb eye tbe name
of ihe proseonior.
1 you believe tbat tbeaa several oolbcUellvVe' CflJ
ay uaiwa la tki cast by aoutdaif
Th argument of the Infidel Is, that th who! wot 14
Is ibe nault of onance. Uut the answer or tue of
fenders or tb existence of a Creator Is, that order
and arrangement are the evidence ol design. Tne old
Illustration or this Is,. that if amassrfif type were
found In confusion we might Infer that this was the
result of accident, but It upou eiiimlna 1 in we should
discover tbat the little pieces or metal were arranged
so as to present Intelligible words and sentences la
harmonious connection with each other, the mind of
the beholder would njecl Ihe theory ol chance and
say that such coincidences oould only be the result of
matured design and Intelligence.
Tbe Commonwealth has, in order to establish tier
allegations that Ikls aitlclewas Intended lo refer I o
Mr. Mann, and 'bat the defendant was actuated by
malicious motives, called Klchard B Wood as a wit
ness. Jie baa deialled lo you a conversation wbloh he
says be bad with tbe defendant some arisen months
since. In which, as alleged, the defendsM In substance
staled to this witness tnat he oould safely libel a to nil
by changing a letter ol the name, and that he ooulii
Heel Mr. Mann. The advertisement of tbls forth
coming article iu the editorial ol thetfunoViy Mercury,
and In tb advt rtlaiog column of lb Jder, Is also
relied on,
An editorial of the Rundny Mrrrury of Jt Nov. t,
lRf.7, in which Mr. Mann Is distinctly named, has tivi
been read to you. (Head Nov, 1, 18U7, and Nuv. 21
18(17.) ..,,. . ,
It It my rtnty to ear to you Ihat these advertise,
taents, editorials, and the testimony or Mr. Wool are
only to be considered by yon upon this qneition of
design end malice. On tbls blanch ot tb case you
will ask jrourrelves whether sucn culncidence-i could
coernr and ench an article appear without intending
any allusion lo the prosecutor.
There a-e authorities which declare that a "ernd
ant is answerable to au Indictment fur libel although
tbe publication I tne result ol Ignorano and negli
gence. Mr. Holt, In his standard treatise upon tui
subject says (p. S4):
"Will lib Insisted tbat this Ignorance and negli
gence are not puhllo crimtsT Where, men, is ihe in
justice that, being guilty of Crimes, be should be
criminally answerable f It was la his power not to
have been guilty .of this Ignorance aud negligence
Me exercises a business of dangvr, and It it his duty
totskatb necessary precautions, and to guard th
avenues of mischief. If a druggist, for example,
bas a boy In his shop totally Ignorant of tbe quality
or all medicines, aud thai boy snnnld sell poison,
would not snch druggist be IndlctalU to- a misde
meanor as against th common health and safety of
society T In a word, In every trade from which a
mischief may ensue to tbe public there Is oubilo
obligation of caution and most attentive vlgliano
upon tb matter, and the bread or absenc of suoh
watchfulness Is erlme," elo. a
And Mr. Justice btory (la Dexter vs. Spear, 4
Mason, 116) says:
"No man can protect himself from responsibility
fnr a libel by pleading hla Ignorance of tbe real par
lies who are attacked. If he knows the publication to
be libellous, lie la bound not to do a wrong to another,
wbetber pe souaily known or unknots a to blm. In
deed, malice Is so tar from being disproved, by show
ing tbat ib printer did not know who wer th par
ties libelled that It often aggravates tbe malignity of
tbe case, bv showing a wanton and Indiscriminate
malloe, and au ludilleianc lo tbepeao ol lu lnuo
cert "
Notwithstanding thee rulings, I bave been wiring
In this, as In all other cases, to give tbe beueflt or any
doubt which may arise upon a conflict ot authority,
and I have accordingly admitted the evidence offered
upon these points lor the defense, and submit It lor
Veur coot literal ion.
But ir yon nnd that this article Is In Its nature
libellous under th definitions I have given you
and Ibat it referred to Mr. Mann, then it la my duty
to remind yon tbat. according to tbe construct Ion put
by the defendant unoo tbe testimony or Mr; Oraffen,
local editor aud witness, ibe defendant with his owa
band placed the manuscript upon th book tor tn
ffiimivMilnrf. This, vou will Mmtmhw a ik..n
gallon of Ibe defendant; aud If that be the truth If
bis own hands sped tbis manuscript upon tbe high
way or publication, and It la Indeed linel opon this
prosecutor then toe defendant cannot excusable as
pon tb plea tbat he did not read the paper. .
il bas a ;so been urged that the defendant should bs
acquitted because he did not writ tbe article In ques
tion. Tbls. I leel constrained to say to you. Is not tb
law. -If yon are satisfied beyond reasonable doubt
that tb defendant published a libel aa charged In lb
Inillctment, it Is wholly Immaterial to th law whoa
band penned the article.
1 1 has been Justly observed to you that this Is a ess
or vreat Importance both to tbe pro ecutor and tn
defendant. The latter Is de'eoding himself from a
In tbe past aud much of bis hope in tb lutur. Tb
Constitution ceclaret "tbat. tbe prtrting press shall
be free," and that "every citizen may freely steak,
write, and prim on any subeei, being responsible for
the abuse or that liberty." Tbe Ireedora of the press
thus secured I not an unrestrained lioens.
General Hamilton, la Croswell's case (8 Johns;
Cases) wisely sa'd:
-The llheitycrthe press consists tn tb right to
publish with Impunity truth, with good motives and
ior Justifiable eus. whether it respects government,
magistracy or ludlvlduals." And It waa held In a
weloonldered case (Hbeckell vs. Jackaon. Ill Cash.
2i) that "tbe fact thai tbe defendant Is the conductor
ot a puMlc press gives htm no peculiar rights, or
especial privileges or claims to Indulgence. Ha has
Jtial t a tame right that tba rest of tne community
' -tj .iiu u .ii. i c xi linn in. rignii puoiisn tn
truth, but no right to publish falsehoods to th lulury
of others wttb lmpuully."
In the light of these principles, gentlemen, yott
cannot fall to reach a Jaat determination or this causa,
ir yon bave a reasonable doubt upon any material
Solnt In 'hlscane, ynu must give the defendant th
eneflt or it end acquit him. iron tb other hand
yon are satisfied, beyond all reasonable doubt, tbat
tba defendant maliciously published the lliel la
manner and form as be stands charged you ihould
say so. without regard to the coaBequenoes.
Tbe lury. atter temalnlugout about twenty minutes,
rendered a verdict of guilty. '
Mr. Clsrk. coun-.el for thedefendant. mad a motion
In arrest or Judgment, and for a new trial. The Court
fixed next Halurday lo bear the argument,
Mr. Brown asked the Court to release the defendant
on ball until the final disposition of th case.
The Court reserved Us decision nutll sums tlm
during tb day. . : .
UNITED, BTATKs DtSTRICT COURT-Jndg
Cadwatader. Tbe Culled Slates vs. Kdard Brook.
This waa a criminal prosecution, the Indlntment con
talnlnealx emi n,. I .r Th. mnnivin. , . .
Hon of a raise bond, by which th reveuu tax was
evaded; 2d. Conniving, etc, hy which tbe tax waa
attempted to be evadtd; 8d Conniving, etc., tor the
purpose of removing spirits from a bended ware
houje; 4th.. 6th.. andstb. Procuring the execution of
snch false bond for th preceding fraudulent purposes.
'Ibe amount of tbe bond was $150,000. and was given
forremovlngsplrlts torlhe purpose orrectlfyiogtaem
It was alleged that the defendant prooured tt.
James Thompson to exeeutethls bond on March at
18B7, who was a perfeotly Irresponsible porson and
so the defenJant knew. A large number or barrels of
whisky was, sn consequence or tbls bond, taken from
the bonded warebous or Kdwtn Weeds, and the
Government was defrauded or a large sum of money
end this was but one of a aeries or such bouds tbat the
defendant had procured the execution of, wbloh
dated back to January, lHCo. On trial. O'Neill and
Brown tor defendsnts.
COURT OF COMMON PLVAB-Turtge A'Hsoft
and Peirca The equity argument list No, 1 was up
tbta niorninr. r
bUPBEMK COURT AT NISI PRICS-Judge Shan,
woofl. W lllard and wife vs. HcliaiTer anil whe. Aa
act Ion to recover damage for libel. Verdict Ior plain
tiff, iu
1Trurtl. "O Xfnfnv hv tila nAYt frlanH T i . .
McCoy, vs. Hamuel K. Bye, and Jacob R. biater. Aa
action te recover damage for injuries sustained br
tbe plaintiff, a small boy, through tne alleged negjl,
genre of the defendants. The allegation wae that la'
last February tbe defendants wer building a bouse
at Twentieth and Chesnut streets, aud neglected to
construct a proper scaffold on which to work, and
while the plaintiff was plavlug about Ibe street with
-... 11..!.. . ..ml tall IVnm k. kIUI -
lliuvr inn. iiu;., ui ii kun nut uif KUC1
struck blm on the head, causing serious Injury and
incurring tbe expense of a large doctor's bill. On
rBalrd vs. Smith et al. ' Before reported. Verdtcrfef .
plaintiff, . , 4 , , i
Important Vastlon About National
Banks They Can Attached hy a
Stat Process.
KCPREMK COORT OF NBW YORK. D re. 10
Pitt Cook against tbe Sttte National Bituk or Boston,
lu tbls case an attachment was issued out or the bu-
Sreme Court on tbe salt ot the pUlntlfT against tbe
atlonal BDk of Boston, uuder a provision of lb
code wnlch provides that suits tnay be commenced
attains! lorelgu corporation by attachment, wbea
t e plaintiff t a resident of the Htate In which tb
i ...hi A rniiLInn w.h mull. I. u n -. n . .
uivi.uiuii.1'1 . . . - - . vw i.u.q uq
order of arrest, and It was then argued: Tbat a Na
tioiialBankb lng a financial- agent oieftlie Hovern
n.ent, could not be auactied by auv process Issued
from a Mate court; and that a National liaik waa
nut a "lorelgu corporatlou" within the meaning or th
act of Congress of ISS7.
Judge lograhatn, belore whom tbe case was argued,
rendered adeclslou tbls morning Ihat the mure tact
that a bank 1 a"National ' oim does nut mak It a
financial ageut or lUe Uov.rnment;. a 'd tuat the
bank In question muni be comidersil a foreign cor
p latlon under Hie provisions or the code, aril as
such Is liable to be nitache. Tbe order lo vacua
the ailachment uius. therefore be denied, IVnw lor
Jttvuinif Ernest.
Etorm in New York.
New Yoek, Do. 12. A pitiless snow-storm
commenced at 3 o'clock this moming, and at
ihis time, 1 15 P. M., coctinues with unabated
violence, Tbe weather is very cold.
Stocks in New York To-Day.
bPECIAI. DESPATCn TO THil BVBNINu THLHiiaiPfl.)
Nkw Yokk. la-e. li eifuitu. Hand lpb k Co.,
Bankers, Mo. 16 Koulh Third street, and No.
& Naasau street, New York, report at 1 o'olock
this alternoon aa follows:
Hulled Hiales Ih.sia, 111111.'
United SmUiS 5--itiH, lta, i07 ii07'.
llnlled lSlt 8 5-ais, IMii, ltM'Vlll :B.
rntlrd Slates fHoa, I8b. UWllo.'i. '
UulUdKtaU 6-,2(i, iiew, lhi, 107 KwnL
llulted B'ate6 'Als, 1H07 1U7 'h t07;'a,
United blttlea 10-tOs, KioValUl.
J""? July J'o-..li'l;V21,.li7al HWW, Bt
eltl4 aud Weak.

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