The New York herald. [volume], November 21, 1876, Page 11, Image 11

About The New York herald. [volume] (New York [N.Y.]) 1840-1920

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THE COURTS.
aapetiig Koadi Between Hew York ind Chi
cago in Fieree Legal Combat.
I GREAT INTERNECIKE RAILROAD WAR
Complaint Dismissed in the Davis
Divorce Suit.
Judge Van Brunt on Matrimony Among
the Chickasaws.
Thaw Ma been no rail Instituted In tbe oourt? for a
long Una Involving a nob exteaded and dlveralfled la
taraat aa tbat recently brought In tbe Supreme Court,
in Ibia city, agalnat tba Lake Sbora and Michigan
Southern Railroad Company, to compel it to ahow ita
transler book*. An ordar to abov cauae why tbeaa
tranaler booca akonld not bo offered to inapeciton, aa
aakad for, waa gran lad, aa baa already been publlahed
In the Hkkald, by Jndgo Lawrtnoe, altting In Supreme
Court, Chambers. Thla ordar wee made returnablo
yesterday, when It waa anticipated the proa and oona
or the whole matter would bo argued at great length.
Owing to Important prior engagements or aomo or the
counael tba caae, however, baa been adjourned until
to-morrow, when the controverted queatlon in Ita
legal aapeota eitnply, tba right to withhold the tranaler
?ooka in question, being claimed wholly nndar a
lUtutory provision, will doubtless be dlacuaaed with
ill tba seal or tba learned and zeatoaa opposing coon
Mla.
A 0I9A5TI0 RAILROAD WAR.
Tba ease preeenta, as will ba soon by tba ontllna
liven or Ita varied ana ramified Interests, other pointa
oi apeelal and atrlkmg importance than tba mere dry
ormnlatad legal quaatloaa awaiting adjudication in
tba pending ault. In tba Irst plaeo It Involvaa,
and thla la tba primary point of cblefeet Interest
to tba publio, tba question of the indefi
nite prolongation or apeedy termination or
tbe gigantic railroad war tbat for the past four
montba baa been waged with sueh determined and
relentleaa aplrit between the various railroad companion
running rival routes between thla city and Chicago.
Tbeae great rival railroads have never before been en
gaged In a more bitter fight, and the determination to
fight It out on their respective lines, no matter to what
suicidal length it may be carried, evinces as yet no in
' diostlon of weakening. The public, ot course, are tba
l>eneficlarlea, and laughingly look 011 and enjoy th#
iport with all tbe zest or the lillputlaa canine of
klotber Uooso'a melodies on the memorable historic
>ccaslon when the cow jumped over tbo moon.
Roducod rites Of (are are alwaya acceptable to tba
people, and when chargea for freight show a more dis
proportionate downward tendency there Is naturally
great and exceeding weight of Joy among merchants,
(armors, shippers or live stock and others wboae only
way or getting their purchases or merchandise to their
stores, or their farming and other produots to market,
is by railroad. It eeema, moreover, a sort ot apeeial
providence that this railroad war should have been
inaugurated during tbe centennial. Hundreds of
thousands have thus been enabled to visit tbe great
Centennial Exhibition who, had tbo rallread fares re
mained at tboir usual figures, would bave been obliged
lo rerann at home, reeling that they coald not aUord
ihe expense of tbe Journey. Certainly a railroad war
;hat can effoci a reduction or some thirty per cent in
lares and about seventy-five per cent In freight, and or
the magnitude of the present one, la not to be Idly
regarded. As Colonel Sellers would say, there are
millions is it;
but the millions, when tbo lacts come to be ciphered
down carelully. Inure ralher.lo tbe benett ot the
publio ihan to the mammoth railroad corporations en
gaged In tbe interneoine warfare. It is to prevent a
further loas on the part or some ot the railroad com
panies or other millions ol money, or, In other words,
to put a stop to this suicidal war, that the preaem
legal proceedmge bave been instituted. Upon tbe pa
pers thus lar submitted to the Conrt Russell Sage,
Ruins Halob, Cammann k Co., G. M. Mills
fc Co., P. W. Gallaadel, A. S. Pea body. White,
Morrla k Co. and others appear aa plaintiffs, and
tba Farmera' Loan and Trust Company aa daiendant*.
t be plaintifb bring tbe ault as * too* holders ot the
Laka shore and Michigan Southern Railroad Com
pany. they Claiming to own $4,000,000 worth or Block
ol this rail read company, and they bring it againat vbe
Farmers' Loan and Trual Company, the tranaler agent
of the company In thla city, to compel It to show tbe
tranaler boo Ita with the view to getting tbe names or
all tba anareholdara. While the partita named are
tbe nominal anitors and delendanta
TUB KKAL SCITORS
are toe Baltimore and Ohio Railroad Company, tbo
Pennaylvaaia Railroad Company, tbe Erie Railway
Company and tbe Lake Shore and Michigan Southern
Railroad Company, and the delendanta tbe New York
Central and Uudaon River Railroad Company, backed
?p, or course, by all tbe Infiueneo ot Commodore Van
Icrbiil, the great railroad king, and William M. Van
derbllt, tbe heir apparent to the railroad throne, over
which Commodore Vanderbllt, notwithstanding his
advanced ate and infirm health, still wields a soeptre
of tremendous power. Ot coorae the ootogoaarlaa
railroad king does not appear personally in the
tight, but tor all tbat he Is said to bo the real power
ou the throne, though William U. Vanderotlt is to all
interna and purposes tho prlnoe resent In oihor
words, the real fight Is aaid to be between Commodore
Vanderbllt and William H. Vanderbllt on the one aide
and Tnomas Scott, Mr. Garrett, Jay Gould and othera
oa the other aide. Ills alleged that William H. Van
oerbili, although vice preeklent ol both tbe New York
Central and Hudson River Railroad and or tbe LaRo
Shore and Micblgsn Southern Railroad companies,
owna but about seventy per eeut ot the former
road and a small interest only in the latter road, and
that he la uatng hia power aa vloe president of the two
roads to advance tho former's Interest to tbo sacrifice
ot tbe latter. The plain Engllab of this is claimed to
be that Mr. Vaadarbtlt, in the rod need larea and
freights, is msking the Lake Sboro road a sufferer
against the will ol a majority or tbe atocthoMera The
Lake Shore stockholders insist that, although Mr.
Vanderbllt and bla co-directors In the New York Cen
tral road have an unquestioned rlgbt to reduce larea
and freights to as low rstes as they please on their
road, they hare no right to compel a connecting road
to become an inroiauiary |>arty to the arrangement;
tbat this underbidding or the Pennsylvania. Baltimore
snd Ohio and Krie Railroad companies, in Ita attempt
to gat tho largest abare ot through passengers and
Sreigbt, Is ot no advantage to the Lake Shore road,
but entails on tho latter disproportionate and losing
ralea in order to socore tbo
THROUGH FAMRRORRS ASD FRKIGNT
for the New York Central at proportionately high
rates, and that the whole result of this is a compulsion
of tbe l<ako Shore road to ceaao paying Ita regular
eight per cent dividend. It la farther olalmod that
tbe flfc*|ority of ibe l.sko Sboro stockholders are op
posed to continuing further the coursc now being pur
aned hjr the New York Central; thai aa soon aa tbe
New York Central la prevented Irom Keeping up its
present line ot action the former condition ol affairs
will be renamed; that larej and Irelcbta will be ral?ed to
iheir former figures; that Instead of tbe Now York Cen
tral gottmg tbe lion's share o( busluota it will bedirided
tmong th>< rival roads; that there is work enongh
lor all :o do with n gooo margin ol profit, and that me
present war is most suicidal lu its character, having
tiroady caused a great depreciation in value ol ino
slock ol tho rival companies. It la aaid alao that the
chief ground of opposition on the part of Ur. Vander
bllt in that it ho is prohibited from uilng tho I?nica
Shore road as the connecting line to Chicago, uuieas
he is willing to pay the regular fares and ireighta de
manded by tbo latter road, ho will have to complete
aa bis connecting road the
CANADA Rorrmns RAILROAD,
In the building ol which Dauiol Drew sank so largo a
(bare of bis largo fortune. Again the enemies say that
lite whole scheme la a slock speculating maniruvre.
The laitor road la, In lact, already completed, except
ing about MO railea, but meantime ibo New York Cen
tral, it is stated. Ins contracts to carry freights at re
aucod rates extending some six months uimud, nud
which will task to the fullest all ibe vast cspaeitioa of
this road Tbeae contracts, furthermore, uo not in
terest snippers alone Irom ibis city and Chicago, but
Irom the mtire Eastern States lo our farthest western
domain. The magnitude of interests, therefore, In
vo.ved, is almost incalculable, and It la no wonder,
with auch contracts on Ita bands, ibe New York Cen
tral, on the one hsnd, should resist to the last ox*
trounty any opposition lo oarrylng out ita present line
of policy, and thai, on the other band, the competing
lines the Pennaylvaaia, the lialtlmorn and tihio and
Erie Railroad companion shouid firmly unite In giving
the death blow to a scheme so antagonistic lo their in
terests. Culoriunalely, tlies* roads cannot, like tho
Ibex of tbe Roman poet, through Its hurts and wounds,
draw wealth and vitality.
IVr <lamita, p?r emdas. ab Ipao
l)u - t np?? auliuum'.n* lerr i.
It la plain to be seen, at loast so iay those claiming
to bo well posted in me matter, thai whatever tnay no
the termination of the preicut litigation the only
course for the New York Central lo tako in order to
place llseif on a perfectly Independent basis is lu com
plete the Canada Suuthern Riilroid and thns over a
r?ad exclasivoly its uwti link the East with the far
West?a work which, when achieved, will, with Its
present splendid facilities for carrying the travelling
public and traus|>ortsiion nf freight, give It vastly
snperlor advantages ovor ell Ita competing roads. Tbe
uiierior ?
OMKCTB OF THIS St'IT
have in the proeedum paragraphs been fully and ex
plicitly In Denied. Its immediate object, as a'ready
staled, la lo uncertain the names ol ail the stockhold
ers ol inr Lake ;>hot a and Michigan ,-ouihern Rail
road Company wlih a view lo show their hostility to
the course being pursued by the Now York Central, It
belaR claimed that tbe inaiotliy ot the stockholders
I'e opposed to it. lhta I ait being ealabllahed it ia
alleged tbat Ihs Lata Shore road directors au map out
th?ir own courso id lb* premis*s irrespective
ot tbe wishes or tiumti oi iho New York
Central road, and that, la dots; tbU, an
end will at onoe Imi put to tba present
ijrttem of carrying passengers and fratgbi at reduced
rales, and give a (air show in tba distribution ot iba
business to tba compatlDg line*. Mr. Vsaderbllt, In
oppoaitlon, takaa tba ground that a Urge number of
the stockholders object to ihair nsines being generally
Known or published, and that, under such circum
stances. ba la permitted by statute to prevent an in
spection ol ihe tranaler books. another grannd of
opposition In Ibat tba wholeaebeme baa been gotten up
lor
stuck arnruLaTian rtnroasa,
in wblcb a few peraons heavily burdened with railroad
stocks are aeeking to unload themselves lor ihclr own
speelal pecuniary profit and without any regard what
ever to the interests ol the roads In question. This, of
course, Is denied by tho other side, wblcb insists ibst
tbeir rights as stockholder* have been wholly disre
garded. and tbat It Is solely for the purpose of obtaining
these rights that they have Invoked the courts. Mean
while Messrs. Scammann ft Co. hnve withdrawn Irom
the suits, and It Is said tbat others will follow
la ikeir track. An oOaet to tutu, howevor, is the
alleged Institution ol an independent suit by Mr.
Jewell, the Receiver of iho Erie llatlroad Company.
Altogetbor, It Is one ol the moat gigantic railroad aulu
that ban boon In tho courts lor a long time, and cover
ing an area of interest unprecedented In charaetar.
Messrs. H. 8. Dennett and A. J. Vandcrpoel appear for
.tba suiters, and Messrs. Kvarto, Souibmayd k Cheats
and Burrlll, DjvIsos k Unrrlll in opposition.
THE DAVIS DIVORCE CASE.
Tba trial af tho dlvorca anit brought by Mary A.
Davia against Samuel C. A. Davis, which presents
none peculiarly Interesting features, and has bean on
trial In tho Special Term of tha Court of Common
1'leas, beloro Judge Van Hrnnt, during tha greater por
tion of tha paat week, waa summarily interrupted yes
terday by a decision of tha Judge dismissing the pltla
tltra complaint. The testimony taken In tha case ap
to Friday last, when tbat on plaintiff's side of tha laaua
was closed, waa to tba elTeot that lu Octobor, 1MB, the
plaintiff, men a Mrs. Vanee, aad her sister lived al a
place named Bonbam, la the State of Texas. Tha (la
ter waa married to a man nam ad Taylor, who had a
son, J. M. Taylor, for soma reason not made clearly
apparent by the testimony Mra. Vanoe'a slater waa
anxious to have her marry her stepsoa, the younger
Taylor. On or aboat the Oth of October, I860, Mra,
Taylor and Mra. Vanoe lelt Bonham, ostensibly, as
they said, to plek plums on Red River, aboat sixteen
miles distaat. At Red River they met J. M. Tay
lor, and In his company, without slopping to plek any
plums, as for ss the evidence discloses, they croesed
the river Into the territory ol the Cbrakasaw Indiana,
aad proceeded a distance estimated by them at from
alx to twenty mi lea, until they eame to the cabin
of a half-breed preaoher of the Chinkaaaw tribe. By
him some sort of marriage coremoay waa perlertned
between the plaintiff in the case and J. M. Taylor, Im
mediately alter whleb they returned to the home of
Taylor's father, aad the next morning she departed lo
visit her friends la San Antonio, no cohabitation hav
ing thea, or at any subsequent time, taken place be
tween the parlies. Subsequently the marriage with
Davis took placc. The plaintifl, in hor testimony,
could not swear If the Indian who officiated at the cer
emony with Taylor pronounced them man aad wife,
bat alio did not regard the ceremony as binding, and
considered herself Iree to marry Davis, especially
as she sad Taylor had glvan false names,
aad the ceremony bail aever been followed
by cobabllauon. Substantially this state of
' facts having been preaentod to the court,
on the part or the plaintifl, on Friday last Mr. John
McKeon, as counsel lor the defendant Davis, made a
motloa to dismiss tne complaint. Thia motion was
made on the ground that it appeared from the testi
mony already in on the part of the plaintiff that at tho
time she was married to Davis she had a lawlul bus
band living -in the person of J. M. Tarlor, whom she
had married in the Culckasaw territory; that her mar
riage with Davis was therefore void and she without
legal right to maintain a suit for divorce against him.
Tbe motion waa opposed by Mr. E. D. McCarthy en the
part of Mrs. Davis, he claiming that it waa the mar
riage with Taylor and not that with Davla which was
?old. Tho Taylor marriage he claimed tpbo void on
the ground that tha laws or tho Chieaasaw sat ion were
not binding on whites, and tbat no contrast made by
whites under sack laws oould be enforced. On this
folnt it was that Judge Van Bruat rendered
is decision yesterdsy. He cousiJered the evl
donco suiUclent to show that the deaign of
tho plaintifl' and Taylor In going before the
Indian mlnlater was to get married, and from all tbe
facts the conclusion must be dcduced that a marriage
ceremony dd then take plaee between them. To that
ooncluaion be came reluctantly aad all that remalnod
lor him was so lo declare. It had been his misiortuno
to have bad ooiora him a number of caaes aomowhat
similar and thev bad caused bim mora anxiety than
all the commercial caaes tried beforo him. In discuss
ing the law on whleb he baaed hla conclusion that tbe
Chiekaaaw marrlago was a valid one ba said we had
tbe declalona ol the United States courts tbat the In
dian nations were not lorelgn States, nor waa tbe ter
ritory which they inhabit foreign. We bad lurther
decisions tbat I bey were not Territories and not States
ot tbe Union. Vhey had been declared wards of the
nation, and this was the only explanation given as to
their relations lo the States and the general govern
ment. Their legislation bad no effect ea tho whites,
snd tbe certificate of marriage given lo Mrs.
Davis at the oere-oony with Taylor was ea
11 tied lo no consideration aad properly exclnded
from tbe case. But It tbe Indian law did not
apply to that marriage, what law didf No two per
sons oould go to aay part of tbe globe, Inhabited or
uninhabited, aad eater Into a contract wlihoat being
subject to some law. What law? The common law
applied only to England aad colonies settled by her:
the civil law to coaatrlea settled by the Latin race, and
tbe canon law nowhere tn Europe or America. These
parties were proeumod to have had in view tbe com
mon law of tbs Slats from which they went, and that
was lbs civil law. Oa tbe part of plaintiff it bad been
contended that, both by the common law or England
snd the civil law tbe ceremony to bo valid should
bavs been performed by an ordained clergyman
or a magistrate. But bo found in regard to the civil
law, being ibe common law ol Texas, there waa author
ity for saying tbat tbe Intervention of any person In
holy orders was not necessary lo contract marriage:
and. In consequence of iboso people being residents of
Texas snd the civil law being tbe common law of tbat
State, they must be regarded as having con
tracted In view of the law of the Slate whence they
came, aad the civil law makes a ceremony ol mar
riage catered Into between two parties p?r verbum do
present, a biuding contract upon those parties. Ap
plying that rule to thia caae it neceeaarily made the
marriage in the Indian Territory a binding and valul
marriage, without subsequent cohabitation. With
regret bo had been compelled to cotne lo this conclu
sion. as bo believed tbe plaintiff had entered Into a
subsequent marriace innocently, nnd should bave a
fair chance lo enforoo her rights sgsmsl Ibe de
fendsnt. Bs hoped tbe case would go to the General
Term, althoagh be had decided according to bis beat
judgment.
Mr. McCarthy, counsel for Mrs. Davis, said tbs grsst
difficulty ta carrying tbe case up on appeal wss tb?t
hla client was poor. He had given great care to tha
caao, aud Ibe only question in It en which ho bad the
slightest doubi was tbat passed upon by tho Court as
to the parties carrying with them ine law of tbe State
whence they went into the Indian Territory, and oa
that lie thought himself qnne securo on his side.
Jsdgo V'aa Brunt said be weald laciiitate counsel In
every way he could to get the case before the General
Term, snd would dircct the exceptions to be heard
there In iho first tnsisnce. Hs then lormally declared
bis decision, holding tbe marriage of plaintiff In tne
Indian Territory with Taylor to bave been valid, snd
dismissing her complaint against her present nntbsnd,
Davis, to which decision her counsel toox formal ex
ception.
Mr. McCarthy then asked for sixty dsys in which to
mske s ease nn appeal, bat Jadge Van Brant thought
It proper to sllow but twenty days, ssying he wislisd
to settle tbe cose on appesl while the larts were fresh
in bis memory. This disposes of tbe oase for tho
present.
SUMMARY OP LAW CASES.
Ia Ibe snit for damages for alleged malicious prose
cation, brought by Francis D. Moalton against Henry
Wsrd Aeecher, a motion ta noticed for next month lor
an extra allowaaoe lor cooassL Tbs motion Is to be
made on tbe asaal affidavits sad will dsvelop no aew
facts.
Tbe General Term of Ibe Superior Coort met yesier
dsv snd bsnded down a bstcb of decisions upon caaes
recemly argued before them. Nooe of the decisions
. were oo cases of say special importance.
Ia tbs hsbess corpus proceedings In Ike matter of
Dr. Rulus Wagner Flint, ibe "teapot" medium, the
lull lacis ol which were published In the HsnaLD at
the Itmo, a decislou waa yesterdsy rendered by Judge
Uwroiee remanding the prisoner to Jail.
liemuih A Co. brought sun against ibe American
Institute lor damagea for refusal 10 receive iheir goods
for exhibition at ibe late lair after an arrangomeul, as
alleged, had been made to ibis effect. The case e.sm?
to trial yesterdsy iMtlore .Iudgo < tirils la th? Superior
Court, am! resulted to a dismissal ol the complaint.
In the sail of Solomon sgair.st Moral, ibe fsois of
winch have been published, a dectsioa was yesterdsy
givea by Judge Van Hrnnt, In wbmh be says that a
more persistent attempt lo swindle tbe plaintiff out ol
bis recovery hss never come under his observation.
He iilrecied that nnlcss the defeudaul deposit with tba
Clerk of tbe Court within ten days the money in de
posit he be committed to ibo Couaty Jail until such
deposit ia made.
Wll.iam Kerrisan bas brought a salt sgainst tha
Broadway an J Seventh Avcnuo Kailroad Company to
recover $10,0110 damage* for lujurtes sustained through
the alleged negligence of the defendant company. Ii
seems that while getting off ot one car ho got under
the linrtes ol one of defendant's cars, coming from an
opposite direction, and sustained the tajariea cum
pluinod of. Tbe aase eair.e to trial yesterday belera
Judge Sedgwick, In the Superior Conrt, snJ is still on.
The defence is contrlhntivc negligence.
GENERAL SESSIONS-PART 1.
Before Recorder llnckctl.
In this court yesterday tlio following cases were dis
posed ol, the prisoners having pleated ga'Hy:?Pat
rick Marphy, lor stesling a watch from Robert Smilb
cnbaeh, ol No. U Beelrmsn street, on October 27, Stats
I'rlson Ore years; Gcorgo Wallace, for stealing a watch
from J. J. Warner, ot Me. 147 Hudson afreet, Jersey
City, State Pruou three years; Frederick O. Xeilaon,
lor cutting Cbarlea B. Kromau, of No. 14 Greenwich
alreel, with a knife on October SI. State Prieon iwo
yeara; Jrha Jackson, aliaaJacon, for saeallnga watch
from John Tharaer, of No. 104 Moore street. Brooklyn,
oo .November *, State Priaon two yeara; Uenrgt* Mar
ray, for stealing a watch Irom Cbarlea M. Reynold*, of
Mo. 161 Washington street, on November 2, Slate
Prison two yeara and six months; Joseph Hrunncr. lor
stealing (210 from William Cundlacb, of Hartmann'a
Hotel, while the latter waa at a table Iti tbe St Law
reuce Hotel, No. 31 Bowery, on November 13, State
Prison Ova yeara.
GENERAL SESSIONS?PART 2.
Before Jndge Sutherland.
Thomas Lee, aged eighteen years, and Martin Flynn,
aged sixteen years, weia tried berore this court yes
terday on ahargaa of lalonloua aaaauli and battery
Jeremiah Jenkins, a stonecutter, testified that on tbe
night of October 28, at No. .S36 Kleventh avenue, a
drinking saloon, ho waa assaulted by the priaoner.
Tbe Jury lonnd Flynn guilty of asssult and battery,
bnt recommended bim for inerey. Lee was found
guilty ol assault and batieiy, with intent to do bodily
barm. Flynn was rent to the Penitentiary for three
months and Lee to the Stato Priaou for lour yeara
DECISIONS.
?CrUEMK COURT?CHAVBEKK.
By Jndge Lawrence.
O'Connor vs. Tbe Hebrew Benevolent Orphan Asy
inm. ? An explsnation la required in this case.
Matter ol the Slxih and s-eventh Avenues. ?Maa any
notice of motion lor the conllrmation of tho report
been given to the Corporation Counsel?
Matter of Surdsm.?Report ol referee confirmed
and order dlschsrgioit old Iritatce and appointing a
new trustee la granted.
Carroll vs. Johnson.?Motion tor a receiver is de
nted without coata Memorandum.
The People, Jcc., va The Masou Manufacturing Com
pany.?1 do not underatand why an order should be
asked granting leave to bring a ault nunc pro tunc.
Flint va Conner.?Writ dismissed and prisoner re
manded. Opinion.
Barker T?. Holt'.?Tne findings aa filed should Inclndo
thoao requests to liud which 1 accedod to, the requests
to flod which were denied can be inserted in the case
when settled.
Binaae va Wood Bros.? It la extremely doubtful
whether the doiendants should be allowed to come in
and defend. I have determined to glvo them that
privilege, 4c. Memorandum.
Clark va Savage.?I am of the opinion that tba
plaintiff will And It difficult to distinguish tills case
Irom Campbell va Foster (36 N. T., p. 301). But the
creditor should have an opportunity ot citing his right
to have tba uruat fuuda applied in aatisfaction ol the
judgment, and lor the pnr|>ose he la, 1 think, entitled
to have a receiver appointed, or a proper action can bo
broagbt to determine the queation.
Matter of Wbttney, *c.? Report ?f referee la con
firmed and Theouore Chlnhester appointed the new
fcruAtae.
By Jndge Van Vorat.
Tba Harris Woollen Company va Hlraoh and an
other.?Motion granted on payment of costa Memo,
racdum.
By Judge Barrett
Peraalt va Turner.?1 am sstisfled that my judgment
aa eiprasaod in tbe previous memorandum ?aa correct,
ana the order denying tbe relator's application muat
?land Memorandum.
ECPBBMB COUBT?SPECIAL TEBM.
By Judge Ven Vorst
Mullor vb. Jacoby.? Case settled.
Mills and another vs. Creamer et u?Findings and
decree .signed.
Allien vs. Dlossy.?Findings of fact on judgment for
plaintiffs signed. _ , ,
Utile vs. The Mayor, Ac.?Judgment for plaintiff on
demurrer, with liberty to delendanl toanawer on pay
meat o( co?u.
BCPIIIMI OOUBT, CI BCD IT?PAST 2.
By Judge Barrett
Bohey and another vs. Clark and Mason v?. Wln
fleld.? See memorandums.
BUFBBIOB COOBT?OENEBAL TEBM.
By Judgea ?edgwlclc and Speir.
Campbell va Connor.?Judgment reversed with
costs, unless plaintiff remit $10 damages, in which case
judgment affirmed with coats. Opinion by Judge
^Hsndallva Duaenbury.?Order affirmed, with $10
coats. Opinion by Judge Spolr.
Burleigh ts. Center.?Judgment affirmed, with
costs. Opinion by Judge Spelr.
Knott vs. Dally Judgment affirmed, with costs.
No opinion. ^
Jcssup vs. Steaner.?Judgment affirmed, with costs.
No opinion
Hugeman vs. Burr.?Judgment affirmed, with costs.
Opinion by Judge Sedgwick.
rimltb vs. UaatrelL?Order reversed, with $10 costs.
Ptr en nam.
Wright rs. Wright?Order affirmed, with $10oosta.
Opinlou by Judge Sedgwick.
Tallmadge vs. Stafford.?Judgmsnt reversed, with
eosts. Opinion by Judge Sedgwick.
Carnea va Piatt?Judgment affirmed, with coma, |
Opinion by Judge Speir.
COMMON PLKAS?SPECIAL TEBM.
By Judge Vsn Brunt
Traatmaa va. Langbeiu No new fscts have been
presented that were not before J udge Daly. 1 must,
therefore, follow his dectsloo aud deny the motion.
Williamson va Williamson.?Deposition of the wit
nesses must be signed and report ol releree added.
Borgstede va Bishop et sL?Motion granted on pay
ment of costs, to be rated by the clerk.
Oonooda vs. Flood.?Motion denied.
Dslley vs. Swansea j O raves vs. Appel ; Werder va
Rosenthal? Nations granted.
White vs. Wialord.?Order signed.
Paaell va Gilbert?Motion granted so far as to com
pel tbe defendants to lurnlsh sworn copies of the en
tries in the book relating to the subject or this action.
Allan va. Harriaon.? Demurrer austained; ooais to
abide Anal event
Krekler vs. Thaale.?Matlon granted dismissing ap.
peal from judgment, unless plstnttff within twenty
days serve oase. The other motion denied.
Welle va. Crow.?Motion granted as payment of $10
e#F?rkerva Kreund.? Motion denied, with $10 costs,
to abide event
Spreaa va Slaettnar; In the matter of Conaell;
Diehl va. DiehL?See memorandums.
McSbana va Peterson.?A floe of $100 should be Im
posed for dlsobodicnee of order.
Gross vs. Paly.? Befarcnoe ordered. Sea memo
randum
Solomon vs. Mead.?Sae opinion.
BQCITT TEBM.
Bv Judge Tan Brunt.
Tba Eleventh Ward Savings Bank va Hay ft nl ?
Findings signed in three easea
James va BurchelL? Findings signed.
COURT CALENDARS THIS DAY.
Bcpbbeb Coosr?Chambsrs?Held br Ju<l?e Law
raaea.?Noa 2, ?. ?, ?. 38, 3a 52, 6?. 58, 66, 72, 7#,
V. 120, 181, 133, 140, 140, 140, 108, 104, 174, 170, 201, I
307. 310, 341, 251. 352, 358.
Sppsfbs Coist?Ubsbbal Tbbm.? Adjourned until
December 1, 1870
*rr?B*B Coi'bt?Spbctai. Tbbe?held by Judge Tsn
Vorst ?Nor. 420, 575, AOS 474, 500, 020. 701, 702, 503,
71 M. 314, 587. 420, 366, 410, 420, 500, 447, 453, 454,
Ui, 450, 403, 407, 408, 442, 473, 505, 507, 609, 511, 613,
(574.
Sufbsmb Cocet?CtBCTiT?Part 1.?Adjourned lor
ibe term. Part 2?Held i?y Judge Barrett?Noa 1808,
3110 10M, 514. 848, 2303. 916, 1664, 1258, 090, 1040,
3998,' 3404, 554, 830 H. ??80 1344, 1660, 204 , 3682,
2880, 1486)4, 500. Part 8? Held by Jadge Oonobue.?
Case' on. No day calendar.
Srrrmon Corar?Crskrai. Tbrm?Adjourned until
aext Monday. ? ,
Sopbrior Court?Special Tbbm?Held by Judga
Speir.?Noa. 44, 80, 43 52, 04, 34, 47 20. 64.
SppbbA)r uoraT? raiAi. Tbbe?Pari 1?Hela by
Judge Curtis.? Nos. 144. 83,\ 2*2, 052, 8?2, 252, 281.
823 331. 870, 1001, 476, 269. 335, 173. Part 2?Held by
Judge fodgwtek.? Nos. 340, J4I, 36J, SWt, 845, 830, 359,
311, 205, 393, 839, 315, 35<i, 300, 802, 304, 3*8, 309, 374.
875 37*. 377, 883, 384, 170.
Combos Pieas?ubxbbai. Tbbm?Held by Judges C.
P. Ualy, Van Hoeaen and J. F. Daly.?Noa. 69, 83, 64,
179 84
Coeeo* Pieas? R?pitt Tbbm?Held by Judge Von
Brant?Noa 9, 13, 30. 17, 2n. 26. Demurrer?Na 4.
Common i'lbas?Triai. Tsrb?Part 1?heio by Juoge |
Robinson. ?Noa 801. DM. *96, 909, 800. 371, 506, 1126. ;
801, 888, 711, 827. 463. 731, 810 Part 2?Adjourned (or
the'term. . ?
Maris* Court?Taut Tkbe?Part 1?Held by Judge ,
tHinnoit ? No*. 410. 6001. .>.165. 531W. 4880. 42X6. 4367. |
4293. 5299, *2V1. 5224. 6034, Ml. 6207, 6302, 6218, 4410, !
4963. Part 3?Held by Judge Alker ? Nos. 4804, 6360,
6159 6.149, 5079, 4070, 4197, 4753, 6J60. 4089. 507f, 6444,
644Y A440 6447. psrt 3?Held by Judge Shea.?Nos. j
A66X 8072, 9073, 8472, *696, 6028, *934. 920, 2025, .
736?! 73*7, 7166, 7 .'*2. 62*4. 8762, 625, 68?6, 8296,
8467 J'srt 4?Held by Judso Ooepp.?Nos. 6202,
5210 5111, 5203, 6281, 5132, 4921, 4073, 6220. 1813, , |
? 6940* 5274. 6278, 6173, .''196, .V2.il, iil60, .VMW, 6187.
On'rnv or Ub>kbai. Sassioss?Part 1?Held by Re- .
cordcr Hatkett?The People va James M. Nabb, bur- |
glary; Same rs. Jobu Kslly and Kdwsrd Lection, |
imrg'ary: Same va TbomsaT. Lynch, grand larceny;
Same vs. Hugh Smith and Thomss Tanse.v, grand lar- !
! eery; Same vs. Chsrles F. Uogan, grand larceny;
rtains va Philip King, punt Isrci-ny; Same vs. I.ewia i
Mellen, felonious a?*ault and battery; Same vs. Will
Ism Wright, felonious ?s?sult and battrry; Same va
Minnie Kaltenhoixer and others, abiinctlon: Same va
John Pslr.e, violation ol election law*. Psrt 2?Held
br Jndjte Sutherland.?The People vs. Louis Brown,
burglary Same vs. Peter Smitb snd William l.ance,
hurglnrv; Same vs. F.dward Sbeehy. grand Isrorny; i
Same vs. I.nry K. Ijiurence nnd Henry H. Lewis, grmid
Isrcenr; Hum* va Brldset Walsh, grann larceny;
Sams va William Scanler and Patrick Higglns, ro- ;
csiving stolen goods , Same vs. James A. I^ine, fslna
prstenesn; Same vs. Timothy Sollivsn. pcill Isrceny;
Sams vs. Hams Lynes. dlsordsrly house.
COURT OF APPEALS
Alhaht. Nov. 20, 187&
In the Court of Appesls Mondsr, November 20:?
No. 46. Baker va Amot.?Argument resumed and
concluded. _ _ ?
Na 47. Munlock vs. Ward.?Argued by C. D. New
man lor appellant aud W. O. Kowler lor respondent.
So 48. tiuin.i V:'. Seoond Avenuo ltallroad Com
pany.?Argued tiy A. O. Fox lor appelant and O. P.
Bull forrcapcndcut. .. ?
No. A4. Kyle >?. Kyle.?Argued b? Jsmcslt. Cos lor
plsl si till and submitted lor ihe delendanl.
Proclamation made and court uoiourued.
CALXBOAB.
Tba following la tba Court ol Appeala day calendar
for Tneaday, November 31:?Noa. 7, 67, 39, 18, 13, 10,
VIOLATING LINCOLN'S TOMB.
Illinois Ghouls Attempt to Steal the
Bones of the Martyr.
THE CRIME DISCOVERED.
Good Work by the Chicago
Detectives.
Shamelest Conspiracy to Traffic in the
Sacred Dust.
SrmxcFiELD, III, Nor. '-'0, 1STS.
The Lincoln monument robbers and body snatobert,
Hughes and Mulltns, who wero brought bar* yesterday
from Chicago oy ex-Chief Wnsbburue and assistants,
wero lo-day indictoU by aspocial Granu Jury torcomplr
log to commit a crime and tor attempted larceny. The
day ol trial Is not yet Qxcd. No doubt exists as to
tlielr guilt.
DBTAlLft or TOK HORRIBLE AJ FAIR?DETECT1YF,
OBAFPLINO WITH TBE WRETCHES IX THE
SANCTUARY.
[From the Chicago Time*, Nov. 18.]
Some lew weeks since Operative I*. D. Tvrell, a well
known aud esteemed officer ol this service, had
brought under his control a man named William
Swigle. Swigle t\ as known by the fraternity ami the
bad men as "tho prince of ropers." Ho was Intro
duced to Tyrcll by '1. W. Doane, an attorney or this
city, who recommended him as a insn tilted In every
way lor tb* business of the department, and anxlou,
to be employed, and stated in uUdiilon that bo bad
kuowleugo ol certain counterfeiters and their opera
tions that would make him valuable. Operative Tyrell
took btm into tb* service, and within a very short
tlmo he gave nroot of his mutal by causing tho arrost
ol Jack Hughes, a notorious counterfeiter aud tliiof,
who was taken before Commissioner Phil A. Hoyne,
who admitted htm to bail in tho sum of $2,000.
Hughes found little'difficulty In furnishing the ball and
waa soon at Urge sgaln. Swlglo hud not appeared in the
transaction and waa uot suspected ol any share In It.
lie and Haghes were well acquainted, even friendly,
and wero directly In communication. Swigle improved
bis opportunities so well that their friendship ripened
nto almost an Intimacy, and Hughes became warmly
attached to bim. They begun to run togother and to
know each other's acquaintances. Among other gen.
tlemen Introduced to Swiglo by Hughns waa one Ter
rene# Mullen, an adamantine citizen with a silky
exterior, who kept a saloon on West Madison si root
known as "The Hub." The three tbus brought to
gether drifted into an intimacy, and Hogbos and
Mullen, who had acbeme* afoot, were continually sub
mitting them to Swlglo lor his opinion. Ono day, now
about three woeks since, tney a.ked bin how he would
like to engage in a scheme to steal tho remains of a
person In a certain cemntery In Wisconsin and hold
them lor ransom. Thoy represented that the family
ot tbo deceatou and their Irleuds were Immensely
wealthy and would pay thousands of dollars to have It
returned. Bwlgle professed an Interest in the projcot,
criticised some portions of it and approved others, and
agreed to take It into carolul consideration. They
aaked bim to find out wbat the penally would be In
case they ware caught. He returned after awhile
with information that the penally In Wisconsin would
bo so very sever* that the reward thoy hoped lor
wonld be too small to pay for the risk fbat must be
run. Then they turned upon bim with a laugh. They
bad been "giving bim a still," that waa
all. They wanted to And whether he would aland
by them in a dangerous piece of work without Aral
lotting bim know wbat that work was. They werosatla
flcd with bim now. Tbey had a Job of that kind which
would make tbem all rich if they could only succeed
witn tt. Tben for the Urst time tbey unfolded to bim
thoir scheme to rob the gravo ol Lincoln. They told
him tbey wantod to stoal tbe remains from the sar
cophagus and bury them la aomo secure snd lonely
place, to be revealed only upon payment ol a large sum
raCY COULD RIALIZK TWO 111 ?DR*D THOUSAND DOLLARS
BT IT.
Swlgle, though taken aback by Ibo enormity of the
propoaltlon, approved It, bat asked for tima to tae a
lawvor and find out wbat the penalty would be In Illi
nois for such an off*nee. He wanted a little time, ha
told them, to consider wbetber be bad batter go Into
*o hazardous an undertaking at all. With that ha lalt
them.
M alien and liughea, fearful of losing Swigle's aid or
lor some other reaaou, went wiibout consulting blm to
tho wile of Ben Boyil, tbo celebrated counturieitor,
and aiiked her assistance in tba matter. Boyd was
last winter sent 10 Juliet for a long term, and Mra.
Boyd was known to have somo money, lloyd and
Hughes bad once been connected in tbo business of
counterfeiting, and bad been very nsclul to
oach otlior. Not only Haghes blnjMll, but all tha
?\--rooked" men In ibe North-dcuroo Boyd's enlarga
moni, and itwaa proposed to make this Job accomplish
It. Mrs. Boyd was told that it sho would contribulo
something toward the necessary expenses they would
make tb* release of her husband part of tba conditions
upon which they would glvo up the remains. The wo
mau was too shrewd for them. She declined to allow
her busbaud's namo to be mixed up with the matter at
all, and ralused to advance a cant. It baa been atated
in telegrams and otherwise, since the attempt was
made, that Boya's release was to be a condition, as
above hinted; but If that be true It waa upon their own
responsibility they Intended doing it, and for the need
they had ol Boyd.
Swigle immediately poated off to tha office of Mr.
Deaac, whom ha had rapreaeated to hia irtends as
his regular attorney, and to him and Detective Tyrcll
unfolded the plot. These gentlemen, sccustomod as
Ibey arc lo observe the bold and wickmi side of life,
were dumbfounded at tho enormity ol the offence con
templated. They rapidly consulted, and agreed that
It would be best to communicate with Robert Lincoln.
Thoy did so, and Mr. Lincoln at once called In Leonard
Swell. The matter was thoroughly canv.issed by thaaa
grntlemon who, advised Swigle to go on. to continue
in the confidence ol the coulcderates, learn and enter
Into their plans snd communicate them to Operative
Trrrli in season to prevent their consummation. Mr.
Lincoln was at Aral for breaking up tlio deaign alto
gether, but the queatlon arose, bow It coultl be broken
up? and he could not answer It. hince the omrago
was to be essayed ho fell In with the detectives, but
Insisted that the thieves should not b? allowed to han
dle the casket containing his father's remains.
Swtgle returned to his friends, Hughes and Mullen,
and reported that he believed tbo plan feasible, 11 not
ea?y, snd well conceived; that his lawyor had assured
him that the penally at the utmost would be only a
year in jail and a slight fine; but that he bad no Idea
they would be caught. Hughes and Mullen, pleased to
besr this kind of talk from so caution* a msn as "the
prince ol ropera," determined to carry tbo plan Into
operation at as early a dato as possible. They took
Into their conldenoe and advised with
A CBIITAIX CONTRACTOR
In pood and regelar ."landing, both socially and ta
buvncHt. and he made n trip to Springfield snd exam.
Ined ibe toaib and Its surroaadtngs aod reported Ita
condition.
Tin* wss the state o( an'sirs on Sunday, the 5th Inst,
when at a council held In Miillln'* place it was deter
mined that the biiMnesa should bo dono on tbe night of j
the Tth. This ntyht w?? selected because they believed
that public Interest would bo so absorbed In the elec
tion that whoever or whatever they might meet would
be less likely lo be curious as to uietr business or
whither they were going than upon almost any other
night of the yrar.
1111 Monday evening the fltlt, Mr Swett snd Mr.
Lincoln eommnnlcatod tlie facts in tbolr itokscsrion to
KIM KS WASHRt'RN,
late rhiel of tbe secret service, ?ad requested him to
lake hold of the affair with Operative Tyrcll and ren
der such assistance ns lie couhi by advtcc or otherwise,
and Mr. Washburn had con^onled.
Mullen, who asaunied directloti of tho businora after
the Sunday tarentig had shaped It dcliiuiely, told
Hwigle to obtain tho services of a man who could lie
trusted, whoso only duty it should be to procure in
Spriagneid s wagon and a ti-um, to carry the casket
awuv. He tiroiMisoj that this team should be held 111
readiness in the vicinity of Oak Ridge cemetery, and
that when tho robbery had bevn nccouipltshud tho
party should get into the *a?on with the coiIln mid
drive to tha Sangamon river, wheie it was crossed by
tho highway it little distsnce north ol the cemetery.
Here he prnpoeod to bury the casket In the sand under
the bridge,
OR SIX* IT lit TUB WATER.
The plan was a canning one, lor Loihing short of a
miracle aoald have lad 10 the discovery ol the remains
iu thai place.
On Monday afternoon Single reportod lo Detective
Tyrell that everything was in readiness. He bad pro
cared a trusly driver utid all ibe arrangements were in j
good shape. They were lo tak? tbe mao o'clock train
over the Chicago und Alton llailiray for Springileid
that evomnjr. Tyrell and Washburn decided that
Tyrcll him?i-if and Imo men of the service should go to
Springfield, on the same Irain, and that Washburn
shouut follow on Tuesday morning upon ilie train that
arrived in ^priogtield at" six o'clock in tho evening.
Operative Tyrell seerrcd bis assistants, and that even
ing took up poalnoaa la tba depot, where tbey could
cover tna whole train. Tbey watted long and
patiently. Tba tblwvea were slow In eemlng It waa
;aat before tba departure ol tba tram that Mullen aaa
Hughs*, with their solid friend Swlgla and the trusty
driver, whoto Koie duty It was to have the team Id
roadlne?* at the ccmetery, ram* In i*eparalely and
boarded one ol tbe lorward t ar>. As the iraio pulled
out of the depot Operative Tyreli au I bli two men
swung oq to the sleeper an<l stowed themsolves quietly
away lor ilin night. When ttia tram arrived at
Springfield the next inoroiug Mullen and his party,
all but the trusty driver, got out of the ear and sepa
rated. going 10 different hotel*. Tit* trusty driver had,
under Swigle's maiructlona, ateppad ofl at Twenly
tecond street and hadn't oeen miaaod. Operative
Tyrcll and bis party repaired 10 the St. Nicholas, hav
ing arranged with Swlglo that ho would rail upon them
immediately ali#r breakfast aud let tbeni know pre
nsaly wbat course the burglar* intended to pursue.
According to his prouiiae Kwigle put in an api ?jranc?
at about nine o'clock on the morning ol election day,
with the intorrnHtiob that Mullen was confident of
success lie bad represented 10 Mullen aud Hughes
that he had sent the driver to the next station below
Springfleld, to hire a pair of horses snd a light spring
wagon, snd Instructed him to return to Springfield st
six oVIock in the evening, bit run the day Mullen
spent bis time In securing iome tools that he bad lor
gotten to bring along. He seut Swigle and Hughe*out
to the cemetery to survey tho ground and acquaint
themselves thoroughly with the miu >tion. Tbey were
closely watched sll day bv Tyrell's two assistants,
Tyreli himself remaining under cover at the hotel
lor tear ol being rccegoued by Hushes, whom he
had xo recently arrested for rounierleiting. When
Chief Washburn arrived In tho evening he found
Tyreli and bis inon, together with Swigie. in a room,
preparing for action. Swiglo bad ju?t come in aud
reported that Mullen Intended to ''strike" shortly
after eight o'clock. He had told Million that
the trusiy one had just returned from tbo country,
and put up at the Farmer's Keireat, where he was hav
ing his team led and getting his own supper. In or
der to make it more certain that the quc.-iion oi tbe
team should not bo closely Investigated by Mullen,
Swigic, with a boldness aud cralt worihy of Ins chosen
profession, hud propoaeil to him that the driver should
bring tho conveyance around to Mullen'* hotel aud
that thry ull should gov in and ride 10 the cemetery
ground*. Mullen had held up his hands In horror at
lhe baro idea, and begged to hear no more ol It. Why,
they could be tracked from the very door ol tho hou/e,
and their detection made sure. Swigle, as will readily
bn tnmgiued, had easily given way, it had been agreed
that thnv slionld all three walk out to tho grounds
when the time was near, and they bad separated uatll
then, the oihors going to their hotels and 8wigle com
ing to Tyreli.
After a bnof eouncil with Tyreli and his assistant,
I Chief Wiubbiirn went out Into the city aud laid the
| case, or as much of It as he bad time to detail, before
, a prominent banker, w ho at once obtained a carriage
| aud drove the detectives out 10 iho cemetery, whore
: the keeper. Mi. Howell, met them, anil stowed them
j away tu the reception room ol ihe monument.
I This structure laces south. The ground in Iront
| is level for a considerable distance, but on the north
side the grouud Incline* at a downward slant of about
46 degrees, lor a distance of about ISO leet, Into a ra
vino or gully. Tbo declivity is comparatively bare.
About two-thirds the way down, and considerably to
the left, la a largo tree. Tho catacomb la in the uorth
?ido of tbe banding, and the reception room, or "Me
morial Hall," as it I* called. Is in the south side. Tbe
catacomb hai a vestibule, in which stands the sar
cophagus cf marble, supported on wooden treatloa,
and back ol this are tho entrances to tbe Ave cry pi a.
Ono of these crypts Is occupied by the remains or Tad
Lincoln, aud another will be by tbe remains of the ex
President so soon as the morbid curiosity that leada
visitors to clamor lor a sight ol them subsides into
decency.
TBI VCHTinCI.lt
Is a half-moou In shape, ibe bow toward tbe north.
At night tho door to the vestibule Is cloned and pad
lockod. During the day the sarcophattua is visible
through a grated door. Tbo reception roout on tbe
other side is an ellipse In rorin nml quite spacious.
Between the two apartments are the walls of brick
that support the main structure and the foundation of
tbe shaft. These wall* uro very thick and are sepa
rated by narrow passagoways, which are accessible
Irom tho rear ol tho reception room. After leaving
the door of the catacomb you pass over a stone terrace
lor about twenty feet, and thou, passing down about a
dozen steps, you come to tbe roadway, crossing which
you stand upon the brink of tbo declivity before men
tioned. This hrtel description of tbe premises will
better enable the reador to understand what follows.
The deteetlvee had been In position hat a short
time?not ovor thirty minutes-when Mullou and his
party could be plaimy seen
ArrROJtl'ltlXU THB MOXCNKXT.
In order to bo oertnlu that tho keeper of tbesronnda
bad left lor the night, tbey went to the reception room
door and flashed u bull's-eye lantern around the room,
but discovered nothing Then tliey passed to the
north end ol tbo monument, where they commenced
operation*. In about five minutes Swtgle, who was de
tailed iiy Mullen lo watch, passed around the sooth
door and whispered lo Tyreli that tbey were sawing
the loek off tho door. One ol tbe detectives, who had
worked hi* way in between the brick walla above
alluded to until he had rescbed the wall aeparatlng the
crypts Irom the interior of ihe -monument base, dis
tinctly heard tbe blows of tbe burglars in their elTbrts
to foroe open tho sarcophagus. In a moment tbo noise
erased, snd Swigle made bis appearanco at tbe recep
tion room door and said they were
ALL READY TO MOVK THE CASKET,
and sent him to ihe road, whoro tbey supposed he had
the team In waiting, to loll tbo trnity driver to couie
up snd belp tbem carry it to the wagon. He bad loft
them a few minutes heiore standing at the door of tho
veult, and had worked his way around as rapidly as
possible. The detectives immediately left the recep
tion room to pass around tbo east side ol tho monu
ment. A* tbey were leaving the door?bang! a sbarp
report ol a pistol rang out on the nlgnt,and was
doubled and trebled a hundred tunes among the trees
and hills o: the ccmetery. One of the detectives bad
accidentally exploded a cap on his revolver. Caution
was dropped now lor haste. The robbers must have
heard the none, and tbe only hope of catching them
lay In proclpltate action. The party arrived at the
north door before the echo of the pistol shot had died
away, and found It open and tbe place deserted. Not
a man was to be seen except tnoeo of the detectives'
own party. There was no moon. The sky was thiek
with clouds. It was oo dark that a person could scarce
be distinguished ten leet away. The officers imme
diately scattered in all directions, but nothing could be
seen or heard of Ibe thieves. Swigle was amazed, and
could not coucelve wbat had become ?! Mullou and
An exam'natlon of ibo vestibule showed that aflcr
effect log to entrance the thieves had
rHIKD THK LID OKF TJIK SARCOritAMI'S.
The ltd i? a slab ol marble aooui two tool broad ana
eight long and two inches thick. It can he handled
eaatljr bjr two men. They had laid It u|>o? edge against
the doors of the crypts, and had taken the end piece
o(T The ends and sides are set in plaster ot I'arls, and
I owl in place by copper books acro?a the corner*
To Hit these books and remove the little alao at the
fool of the casket was easy. Nothing had been dam
aged or scratched. The slabs and the hooks were
found unhurt and close at band. They had then taken
hold of ibit casket Itself and drawn the end of it ont of
the open end ol the sarcophagus about two feel, so that
when the driver and Swlgle came up they would
merely havo to lift it out. There waa no disorder in
the proceedings, oor any sign ot intentions to break or
dostroy anything. The cost of the lock, which waa
necessarily spoiled In tawing, will be the total amount
of the damago In money.
A moat rigid search, continued for an hoar or two,
failed to discover anything ol ibo burglars; bat in the
morning, irotn certain signs thattbo daylight revealed,
II became apparent that tbey bad
RKTRKATKO FRO* TUB VAULT DOOR
as soon as Swlgle bad atartcd lor the learn, being
prndeni enough nottocipore tbemaelvea unnecessarily
In ibo midsi ol the evidences of their guilt. Toere
were lights in a house on the other side of the ravine,
and they could not have tell perfectly assured thai
some ol ibo pcopte bad not observed inoir bull's-eye
dancing about tlio tomb and raised an Inveatlgation as
to the ca jne ol the phenomenon. Tbey had bidden
themselves from view ou the sleep slope, where iliey
must have heard the explosion of tho pistol, and upon
raising up their heads could have seen what was going
on. The tracks sbowed that ibey had quietly slipped
down the slope and gotten almost immediately out of
sight, hearing and reach ol the searcher*. Subsequent
Investigation and a statement made by Mullen fully
corroborate this view of the matter. ,
DKTBCT1VR TTSBSJ.I.
and bis two men took the midnight train oa that night
for Ch.cago, looking oat on the war, thinking tnai
ilulien inlgbl have boarded the train also. Chief
Washburn snd a necrel service man remained in
SprmgOeid through the next day lo make rurther
scorch. It was they who bal found the tracks show
log how tha miscreants had got away. They came
bark to Chicago on Wednesday night, knowing lull
well that the return home of the criminals was ouly a
question of time, snd feeling that mere was nothing
necessary 10 be done but awail them, swigle, who
also came up. was instructed to bo on the alert for in
telligence of their arrival.
[From the Chicago Tribune, Nov. 18.]
It appears tha*. the snapping ot toe cap v?s.? the first
indication Mullen and Hughen bad ol any one ucltjg at
the monument oe?ides themselves. They wero at iba
bottom of the slope and could see the ofticcrs plainly
on account of the srlnte background. Iliey next beard
the Hbooliuc and then scampered away as rapidly and
tiulsolupaiy an possible. Walkiug all night and the next
morning yelling a ride In a iarnier'* wagon, toward
Wednesday evening they reached the home of Hughe*' ;
fat-'-T, near l<odi, sixty Miles Irotn ppringfleid. Mul
Iru rcn.rned lo Chicago Friday, Hughes being loft be
hind. The former had ueen in the city but a lew bourn
hetora Mwtgie knew ol his srrival. They had an in
terview every day?sometimes two or three- snd Mul
len wanted Hughes sent for. but Swigle lo throw hun
oil bis guard, would say, "Wnat is the nee* You don't
lrn?w but the officers may be on to us. There is noth
ing lor Jack to do here, and there Is no need of taking
any chances."
SWTfSI.lt MKT WASffSt*R5 STTtrT OAT,
snd received instructions what l? do and aay, so as lo
keep "solid" with the parties. Monday last Mullen
became anxious about Itrown, intimating to gwti;le
that ho might be apt to talk; and II waa deotded by
Washburn to have Itrowu present himself a ad ques
tion tne stanrbneas of Hughes. This was acoord
ihkIv done. Muilen became AatisOed that Hrowa waa
all right, and, as Hrowa seemed doabtfal' about.
Hughes, Swigle suggested tnni he be sent for snd
kept at the "Hub,''so that Mullen <o?ld have bis eye
on him snd see tnst bo did not talk too much, which
lie was liable to do whon drunk. Tuesday evening
Mullen and lirowu went to l.odl to fetch ilngbex to
Chicago. They tailed to Hud him, he having led just
before they reached there, co they returned to this
ctty, on Thursday night. Doth Hughes and Mullen being
heretbe only thing remaining to be done was to get I
them together so as to arrest them.
TBK ARRKST ASS ( AITfRB.
It was supposed tu.it lltey would meet of their own
s<-nord, so --xhadows'' were kept on eaeh and Klnter
Wsshbttru noi tiled of every movement they nude.
Ijisi orcmng Hughes called on Mullen at tho "Huh,"
and VVaafchuru, iietertivo Tyrrell; f>eiee?ive Denny
81 inmons, ol tho local pellre, aad [retentive MoMtna,
ol I'inkerion's sgency, went to the piaoe about nine
o'clock. Tho two formr stood ono oa eaeh sldo ol tha
door and tho two latter went lastde. Mai ion waa bo
te I nd Hi* tar aad Hughes sitting la a ehair. Slaunoaa
! called for a glass of ale. anil at Mullen went to the bar
> rel lo get it McGinn grabbed hitn. Al Ihu same mo
, sneal SiwmoDi captured Hughe*. Neither had aoy>
| thiug to *ay, being very discreet men. They wert
takou lo the roiiiral station nod locked up. Thia
morning tbey will journey to SpringHeld, where tbcf
will probably have an examination on Monday.
The arrest of these parties and tbe uiaujgement ol
tbia case from the beginning exhioita mlmirabla
detective taleot on tbe |>arl of Kltner Washburn and
Detecltve Tyrrell, lor il required ibe greatest circum
spection and forethought lo avert suspicion ol Swigle'a
mission, and alao alter tbe burglars lailed In tneir
attempt. The evidenco against Ihem i? regarded con
clusive, and it is to l>e regretted ibat tbe jtonalty
attached lo audi an Infainoua crime i* ao light.
Tbe acbcmr eoncocied by ibeae uien la unparalleled
lu ibe hietury ol crime, and now that there la evidence
of nilnda ao debaaed measure* have been taken 10
guard tbe monument and prevent future atte mpts to
disturb tbe sacred dust. Tbis species ol robuery Is
entirely new, and It will proi?bly spread all over" the
country, aa do new devicca for picking pockets and
burglarizing bouses, and similar occurrences will
undoubtedly take place and attempts bo made to
blackmail tbe friends of the dead.
The detectives would bavo descended upon the
burglara while ibe padlock was being tawed, aud caught
tbein If possible, but for the laet Ibat tbey wished
ibem to progress fsr enough to make their convicttua
sure?tbat is lo say, ibey wanted ibem to eo ait lar as
poaslblo without actually handling tbe easksi. Swig.e'i
dolay In gelling from tbe north lo Hie aoutb sldo ol ihs
munument was necessarily so long thai they lud lima
lo go lartber tban it was intended lo let Ibem go.
The penally, in Mr. Swell's opinion, will be im
prisonment lor three years eacb and a heavy line.
Mullen ia a desperate man, and is uudorstood to b?
an expert burglar. He waa ibe moving spirit lb tbia
dreadiul enterprise, and is amply able lo furnish the
brain as woll as ibo muscle for trio most delicate and
desperate job that can be devised. Had tbu officers
wet litem in tbti vault a frigbtlul struggle must bava
ensued. Both the meu would have fought like wild
cat*, and, being heavily armed, the chances are thai
tbat murder would have been dune befora they could
have been secured. It Is. perhaps, as wsll that they
got amay lor ihu lime bi'ins, since their coaviotinn it
now almost as ?uru us though they bad been caught la
the very set.
Swigle Is a positivo witness against them, and the
iflnrIsaiaaottsi good TM tools Which tbey let)
behind ran be identtllcd as belonging to tbeiu, sad
their whereabouts on tbat night caunot bo explained
to their udvunisge.
There have been dozens of rumors, supposltlona,
theories and reports aboji tho mailer, but the Tacts
are correctly and succinctly siute.i here. Soma of thesa
rumor* have been anything but complimentary to llta
officer*, but the truth Is, thov did iiie'r du'y as wall
as men could have done li, snd tha whole trunsactiva
was a very erod:ublo piece of detective work.
A BOGUS r I.N KBSHION.
[From tho Chicago Tribune, November IS.1
The rollowllog letter la one out of many which hnw
been received al thia oflloe In relation to the attempt t?
steal I'resideat Mnroln's remains:?
To tiik l.oraL l'MKSt ur thr Nohtii : -
The Incidents of tbe last forty eight hours weigh heavily
upon at memorv. and ths reiuorss is more slckeuing tbaa
toe hate was Irresistible thai impelled mn lo attempt a
dastardly crime upon decency aud humanity. lint In what
ever 1 have trrert, tiod knowt my heart, aud knowt I was
Irresponsible for the attempted outrage, and 1 now make
ibiteonf sslon. and should the projectors and chief Inatl
gaturs who urged me on proclaim thin the bane which seals
iny doom, 1 assure them I have an antidote which will ease
tbe passage way. It consists In proclaiming their firadlah
names to an indignant world whenever lain molested, but
otherwise Ihey cau real in |i?ace until summoned to the trt
bur.ala ot Heaven
1 waa a detail of Ave to scatter the boues of Abraham
Lincoln to the four winda of the earth. 1 left isavanuah,
lis.. October I. alooe, but not iviiely. I lud the pr.iyers or
the rlit' ol the South tu watch over me. I arrived In St.
I.ouls October 4. ociober (I I received a dispatch which I*
could not decipher It read:?
"Daaa Look out for frauds at the polls."
It came I rem Philadelphia. The lime arriving for me te
embark lor .Springfield. 1 vlaited the Poat Ultice aud received
a letter Irorn Savannah. It contained uuihliig eapecial out
prayers for my success. It waa anuiiymont, tut tue lulluw
tug sentences gave me an idea of its author
? tiod biess you ia the universal prayer of all. Tbe very
atmosphere wilt seem ominous, but do not taller and Ilia
angels will guide yun.
"P. A ? Kemember the Utile spring al the foot of Ihe hill."
From this epistle 1 received uew cncer. and I borrowed no
further trouble from the mysterious telegram
1 arrived in H^ringfleld the same day, where 1 was to meet
a person or persons whom I sboeld recogni e by their wear
ing a Hayes badge upon the rl^ht vest collar, the vignetts
lying horliontal aud lie.ul toward the shirt bosutu. These I
waa to appreacn and ea.ute by iu>|ulriiig the l?eat route te
Chicago, while they in retnrn would ask when tbe llghtniug
express went to Indianapolis, when 1 should walk 1*.surety
around tne depot while they In turn wonld walk aroum' in
an opposite ulmtion meet ng st ths same piece, which
would constltnte * recognition. Ity some coincidence we all
(live ol nsi met about the same time, ail strangers?at least
I karw none of tliein. Hat we were on one common and
fiarful errand, which was to constitute the triumph ol the
lost caaae. as 1 bad been Induced to believe. The auceesa ol
Tilden waste be the appointed moment, and from on* o> the
gentlemen I learned that the news would be tele replied
(rom New York to Philadelphia and from tbenc* to Spring
held. It would come In this lorm to the Democratic State
Committee "New York h0,0?l lor Tilden: Ihe victory com
rilele." We weie to look lor this at any time after the clos
ng ef the polls, out did not expect it before eloven o clock.
The despatch came at abi nt hall-past seven.
During election day ?e visited llie various polling places,
bnl in the afternoon, once aa boar, we all paased the Kirsl
precinct ef the Second ward. At abonl four o'cloes one e'
(he men excitedly called me to one aide and exclaimed. "1
have met a familiar face upon tho atreet, but caunot p'ac*
him. bnt If 1 mistake not he lielongi to the order and is*
good democrat from Washington."
We concluded to linnt liim up. get him one side and com
pel him to disgorge. 1 then, lor the lirst lime, mentioned
Ihe mysterious telegram. Had we lound him 1 Ooubt not a
double crime would have been committed, but w? found
him not, aad were inclined to include bltn as a mysterious
friend. As I said, the news came, and whetliei I rom my
boasts as an exp?rt cracksman with revolver or Irom my
fearless mien, I know not, but f waa selected to stand la
an evergreen near by, wltn revolver In hand, and do tn?
shooting 11 occasion required It-a part 1 thankfully ac
cepted.
f took my position, and as I leaned back agau.*.- * rsn
marble slab and qnlckiy awoke, as It were, Irom tares ia,
realised my attempted crime in all lis enormity. W lai
tranapiied with my comrades after this I know not. I crept
from my ambuscade and quietiy returned to tne city, and
rested with tbe cwnrle'len 1 was yet an Innocent iu?n. I
withhold the names ol those who nrged me on in thia hellish
plot as hostsge for my future waliare. aud should I be
arrealed 1 hops the friends of humanity In the North will
not compel me to make them public, as by so doing my lite
will be Jeopardised. All 1 could say, or dare say, before a
court or Justice I make known in the following remarks, as
a dnty I ewe ray country, and my lormer Irlends who know
my nature may rest assured 1 shall hack tbe aeseriion*.
Let them take heed.
Directly niter Ihe rebellion there sprang up in Moblje *
secret organisation styled the Knights ol the itolden Cross,
and not much dissimilar from the original lloltlen Circle.
It spread with amasiug ia;ilditjr. and now nntnbers all the
democrats in Ihe Soatn and the leading ones of the .North,
and Uiey claim JHU members in the present Congress. 4
Southern politician, who still makes t^onxress hot, had ssif
In Atlanta In IrtHH, "I shall live to see the oouea of tit*
tyrant Macoln food for the vultures of thi South.'' It w*
npon these principles-the triumph of Ihe loet caiiss ? thf
order was founded. The present election was conceded i|
be tbe locaia of reform?the fulfilment of the strange prop*
ecy. Kvery thing now was lo go with a rush. The pres.' 4
attempted ontrage was for effect upon the Ignorant ininu"
who woeld attribute it to a repentance on the part of tht
misguided North.
Aud here let me Insert tbe words of a noted and, I trust,
good old man upon ihe auhjsct?Jefferson Davis, to Juiigt
. of Mobile, lie wrote :????? betever sacrifice la necea
sary I concede, bnt this outrage merits and will surely re
ceive the condemnation of the whole world. Hut of tb?
notable 'MO they nanst have known there waa one. If it*
more, who would oppose our attempted outrage, la the
South reason Is dethroned through fslse harangues urged
noon Ihe mass by scheming politicians and fascinating
women, and If sny doabt Ihe falter remark let them Imag
ine ringing lu their aars something like the following:-*
' Hrlngme the skull, deary, lor Ihe gourd Is goue from lha
spring at the loot of the hill."
I have relieved ray conscience of a pirt of Its burdens,
and self preservation compels me to withhold a portion,
but lo elicit your sympathies. II required. I can only whisper
Ibat my 1 xpenses thus lar are derived irom the J. Wllkea
Booth lund. MKMHKR OK 1HK OHDKU.
THE DIAMOND 11 KEF BLAST.
Nov that the Hallett'* Point explosion baa passed
off to tii* satisfaction of everybody and to tb* credit
?f General Newton's eagtneeriag ability, the otten*
lloo ol the shipping elaasea and those generally inter
ested In the Improvement of tbo barbor la naturally
centred npou the important work In progrosa on tbo
Diamond Reef. Tbc Diamond Keef, so called irom the
snip Diamond, Captain Macy, which struck upon II
some lorty years ago, Ilea midway between tbo Bat
tery and Governor's Island, and baa acquired a great
Importance In being tbe last remaining obstruction to
tbe East Hirer west ?( Corlaers Hook. Coenties Reef,
which was inside the Diamond Reef, waa Unally re.
moved last year, tbna already widening tbo paiaaga
which bad previously been 10 narrow as to Induce tbo
Board of Pilot Commissioners to prohibit vessels
from passing through the ebannei, except under ad>
vera* currents. Tbe improvement o( the channel will
bo completed by tbe removal ol .he Diamond Reel,
wiiieh Pilot Commissioner Blunt confidently predicts
will take place by tbe 1st ol Decombor. The diamond
sieam drills employed in the work or bleating aro In
operation every day, and already now some 4,000 tons
or sione btvo been removed. Mucn ol this debris has
been depomieU on Coventor's Inland for fllllng-up pur
poaea. I he blast log proceM, which is not deaigned lor
icrsnulMing itio rook, as was the ca>? at Hailett's Poiui
work, iitt removes at a tune pieces of rock, somo ol
wbMD have weighed as much as thirty tons, lias already
been lully described in tne column* of tbo Hbkii.o
to l* sufficiently familiar to our readers.
Mr. Blunt says tbat witeu tbe whole reef hsa boon
blown up by tne 1st ol December tbe channel between
the Battery and Uovernor'a laland. which la aboet
three-eighths of a mil* In width, will be over twenty
four leet deep at low water, which will be deep enough
for the passage ol tbe largest vossela. When ihta ob
struction baa been removed, Mr. Hlunt says, the dock
property on tbe Kaat River will bo enhanced in value,
the dock Iscihttefc on this river being preferable to
those of the North Klver on aocount ol tbe greater
absence nf toe In winter. The entire shipping I o to rest
of ike riiy, and more eepeeially of the East Klver, Mr.
Bluut think*, will receive a marked impetus from the
improvement. The blasting work at the Dinmond
Reef m pemonaliy in charge of Mr. Strtodenper, Ben.
eral Newton's omcient aid, but, ol courao, also nadW
the general supervision of the Genornl himself.
A LOCKSMITHS TROUBLES.
Yesterday afternoon Louisa II. Kern a, ol Km M
West Thirty-sixth street, made romplaiM to the polios
tlist her premises had boon robbed of olothlng and
fewelry to the valnn of $1,200, nnd that the snspectcd
as tbo thief Claim J. Wett, a locksmith, who waa work
ing In the hoii?e in the forenoon. Detective Nevin, ol
the aieum^oat squad, found the nccnaod at hlo shop.
No. 180 third street, and took him Into onatody.
On bis person were found aovsfal akelewn keys
which ntted tbe door of Mias Kerns' hsssp, fern no
traces of tbe property ceuM bo found. Tbo prmftef
wan locked up In the Coatrni Offloo, Mi wli fc* ink mi
M oouri thu mtriinf