The New York herald. [volume], December 12, 1876, Page 3, Image 3

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

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Fragments of Bodies Found in the
Ruins Yesterday.
What the Debris in Flood's Alley
May Coficeal.
ADDRESS BY THE MAYOR.
The Fire Marshal's Inves
tigation.
THE RELIEF FUNDS INCREASING.
Now that the victim* of the conflagration hero been
consigned to the gravo, and oRlcial zeal has combined
with Individual feeling in a soluble expression of
sympathy and bereavement, the community that re
mained awestrickou as each dreadful development un
ravelled Itself now turns to a consideration of the dis
aster's sad but timely lesions. Of course tbe feeling
awaaeued at this moment against all houses of amuse
ment and indood or public resort will be only tempo
rary and will no doubt pass away long beforo
Ihe memory of the horrora which engen
dered tt; but the Inquiry It has set on
foot Into tho safety of such places nnd the determina
tion evinced by the public to seo their resources
tested and their dollclcncles supplied wilt unquestion
ably he of actual sorvico to the community. Already
It has had the eflfoct ol causing tbe custodiaus of as
sembly halls to turn tuelr attontlon to the means of
egress avatlablo In caso ul' accident, and has led the
trustees of placos of worship to take tho temporal
Safety of their cougregattous Into consideration as
well as their spiritual well-being. This hue and cry
against uarrow passages and unstable stairways
Is unfortunately. It tuny bo feared, the exponent ol
a mero ephemeral activity, into wulch tho public has
been spurred by a spectacle of unprecedented horrors.
Accordingly It behooves the community to make tho
most of It wbllo it lusts and to Insist upon every placo
of resort being as amply provided bb possible with ex
pedients against a like disaster.
In Brooklyn, yesterday, tt teemed as tt the routine
of everyduy hlo whiob had been interrupted and stag
nated as it wero In prosouco of tbe city's great Inflic
tion were again taken up, and, but for the flags floating
at half-m&st and tbe funeral drapery in public placos,
little was left to recall tho week's tragic bisiory. Of
Course the conflagration and its victims wore still the
all-absorbing topic, but conversation seemed to
have expeudod itself upon the horrors of tho dis
aster and to have settled into a channel tending
toward the acktovcmeut of sumo practical good. It
Is doubtlul if the buiued theatre will ccaso lobe a
focus ol puollc curiosity for weeks to come; but cer
tain it is that tho corner of Johnson and Washington
streets had little less than its usual quota of sight
seers at timos during the day. ?
THK KIT INS.
The charred timbers ana shattered walls of the
kurnod structure looked melancholy indued
under tho bleak sky yesterday. Tuo towering
dome, all blackened and guttod by the flatnos,
rose Into the air sombro aud dreary, with a hair*
lowered streamer at tho top floating out In memory of
tboso whoso lives bad gono out in the pit of flro which
ou that dreadful night yawned beneath It. Around
tho corner, tho passing crowd stopped at the mouth
of Flood's alley to cast a glanco at tho reminders oflbo
sad event which now arc strown along It, and as many
gathered on Johnson street to gaze up at the
lagged and gaping masonry. Tho appearance of
the rulu was in keeping with the evcuts
of which It had been the tceno, and It looked all the
more dreary yesterday, wheu tho snow flecked Uie
shivered windows and coverod up the wreck of tho
eharnel house which lay benoath thorn. Fears were
izpressed by residents in the neighborhood that the
walls, which swayed and ttcmbled la the gale of Satur
day. would fall to the ground, but It Is understood that
such as uro weak and uustabio have been properly
secured.
The rumor which circulated the day after the Are, to
tho eflecl that llio three doors opening ou Flood's alley
wero shut, was thought to have been thoroughly dis
posed of by tho losiimnuy of tho chief usher, but it
hus since been corroborated by a .Mr. Marsh, wboin
Mrs. Conway dismissed as janitor of the theatre. Ho
debus to have discovered evidence that tlio throe
doors ou tho east wall tuud.ng to Flood's alley?one
from tho owners' private box, one Irom tno parquet
tad ono irotu the cloak room?were pried open irom
the outside.
The owners of the building ore awaiting a
permit Irom the Department of Buildlugs to lake
down theso walls, and on receiving it they will at once
begin the work ol removing thciu. Tho work in the
ruins was resumed to-day hv a gang ol workmen, who
were employed la removing the stago dcoris and in
digging under iho vestibwlo. It was lusrcd that as tho
charred woua aud ashes were removed sumo uew hor
ror might be unearthed, and tho workmen wero luily
assured that they had ccme upon another
layer ol dead when iney yesterday found a Iragiuent of
burned llesh lying lu the ashes. At a istcr siugo of the
word two more Mo tions ol burned oodles wero found,
but it Is likely they were parts ol (be limbs ol the dead
tiready takeu out, which had Inlieu Irom them among
tho umbers at the lime ol iheir removal. Underneath
the vestibule Ibe workmen will be engaged to-day, and
work will probably begin upon the debris (if the
(alien walls in Flood's alley. What now devel
opments may result from Iho prosecution of
In is work it is dilllcult to coujeciure. but It is
considered probable that all the coutlugration's victims
have been discovered. Nevertheless there aro some
people, and numbers of tho police are umong them,
who believe that many ol the escaping audience were
crusbnil by tho lulling walls en roacnlng this open pas
sage aud only the removal ol tho debris collected there
will satisfy them of the lalscncss of their conviction, if,
happily. It be unfounded.
The east wail overtops the Post Office, and on
Saturday uiglit soQio Iragmcnts of it fell through tho
glass ol the light slults in that building. No sorious
damage whs douc, but it nas led the police to look
wlih apprehcus'un on that section which overlooks tho
ituiKiu liuusr.
The shaky western and southern walls of the theatre
having been temporarily secured by guys and braces,
the ropes were removed irom Washtugtou aud Johnson
Streets, permitting tralUo to* be resumed and the Do
Kaib avenue cars to run.
The occupants of Dieter's Hotel were permitted to
reluru yesterday morning to look alter (heir eflects,
but the building was lound to be in a lamentable con
dition. The sevi re cold lias caused the water pipes to
burtl and .-onto of tbo rooms are flooded. The whole
building is in an unsafe condition, aud Mr. Dieter has
determined to abauduu It.
THK KIRK MARSHAL'S IXVKSTIGATIOS.
Tbo Investigation Instituted by Fire Marshal Kcady
?till continues. Mr. Ready says be Intends to ascer
tain the bottom lacts in the matter, and will not cease
In bis labors until bo accomplishes what he has under
taken. During the proceedings yesterday Mr. William
C. Kingslcy, one of the owners of the building, and
Mr. John P. Smith, who was a manager ol the theatre
during Mrs. Conway's regime, were examined.
Mr. Kingslcy testified that wheo tho theatre was
belli the architect was instructed to erect a "Urst class
building In every respect," ana that ho believes that
these directions were carried out.
Mr. .Smith gave evidence ol tho strict system in force
when Mrs. Conwsy was the lessee of the theatre, dur
tog which time no flro occurred.
The following is a summary of the proceedings:?
TKSTIMOXT OK RX-MA.NAOKR SMITH.
John P. Smith gave the following Important evi
dence:?I live at No. 18 Prospect place; 1 was manager
Ol tbo Brooklyn Theatre for a your an J a half ucder
Mrs. Conway, and of other theatres In this country
for several year.-; 1 am now manager for Miss Clara
Morris; during Mrs. Conway's time tho closest alien
lion was given to the apparatus for extinguishing Ore;
We had the ringing loll buckets eoiistumly lilled with
water, and there was a large eotl ot tire hose aifehod lu
the regular hydrant at the rear ol the stage near the
storm door; this could have been used ui a mo
ment's notice, and explicit instructions were given to
employes to place no obstruction near It at auy lime;
this hose woold have reached Irom the back to the
front ol tlioaluge; tho orders Were to stage hands to
turn (bo wator on at tho least indication of flro; we
never nad occasion to use if; I Ic-lt it there in good
order in June, ls?4. and 1 saw it when Miss Morns
played there last, 1 think about the week commencing
Nuvi tuber 9; Mrs. Conwoy look every precaution
against dre; 1 presume Messrs. Shoo., it Palmer are
strict, a* I know tbem to bo thoroughly prac
tice men; there was ono main stairway lead
ing Irom Washington Birecl io tho guliery: It
whs longer than ton general run ol gallery
Main aud tarnished better menus ol exit llinu I
louud'from the gallery ol several other thr.it res I have
been In throughout iho United .States; 1 instructed
UQlcer Lou lo never leave bis post in tno gallery; lity
Idea is that sumo mil broke opou the sionu doors ou
Johnson street and thus lucreascd tho droll and
hastened the prngreiui of the flames: the origin of the
fire, I should think, wae tu the dis.irrsuitiug of the
borders while using the piece ot scenery used as a
ceding (or ibe tnirmc nouse; when I was connected
with the iheairo the atagc manager wee pen-raploriiy
ordered by me uot to leave the slaeo dur
ing a performance, under penalty o( dismissal J
I wm at the iront of the theatre live inlnutet alter the
tire broke out, and watched the gallery stairs particu
larly, but saw very lew coiue out, and concluded that
the perlormanc* wae over bolore the Ore began; a i
abort time alterward 1 inquired of Mr. ttogers, the
business. manager. "How wan your liouso lo-uighl?"
be replied, "A little over $500;" 1 tlien asked bow
many were there In the gallery, and he said 405 tickets
were sold; I wan theu convinced that two-thirds of
those people wore loel, and t<> slated to nveral per
sons; 1 th.nk that auveial poople in the dress circle
lost their lives.
an? Enroaigr'a btatemk.nt.
William C. Kinsslcy, being sworn, said;?I reside at
So. 170 Cumberland street, and urn one of llio owners
oi the Brooklyn Theatre; it was built by the Brooklyn
Building Association In 1870 aud 1871; Mr. Thomas P.
Jackson was highly recommended to us as an architect
ot very large e.\perieuco tu the building oi theatres and
largo buildings; he made a personal examination ol tbe
ground, and roporiod to us that becould build utboatro
10 accommodate 1.000 or 1.000 people equal to any in
the couuiry; ?o then requested him to sub
mit piaua, telling him that If wo built
a theatre wo wanted it first class in all
respects; we took some wcetcs to exam-no his plans,
and decided to build uuder Mr. Jacksuu's tupcrvisiou ;
tuy partner, Colonel Keeney, gave the work his per
sonal attention; tbe heal in a tun* Is wero used, skioul
hands wera employed by day's work and not by con
tract, under tlie advice ol the architect; 1 believe
the plans wero laitbluliy carried out; the gr.'Ued was
valued at g'O.bOO: the building coot glUT.S.u' sti. it
w?- opened by Mis. Couway in October, 1871; Ibe
architect told us. and wo theu believed and now believe
that it was one of the moat subataatially built and best
arranged for comlort. health and safety ol uuy tost be
knew of; modes ol ingress aud egress were thought to
be ample and superior to most budding.- of proportion
ate holding capacity; there was on the stage a two and
a half Inch water pipe near the lurge double door,
whero there was also a tiro hydrant, to winch we at
tached a hose, to bo constantly kept there, w hen we
loused the property to Mrs. Conway; on the stage
was atiotbor small water pipe with hydrant
attached, located in the scenic room; these atlordod
facilities for getting water rapidly and in largo quanti
ties on tho i-tago; 1 was in tho Brooklyn Club I,ouse,
comer Cliutou and 1'ierrepont streets, when ? tire
broke out, aud was told by a gentlemen there in. ' tho
theatre was on tire; 1 immediately went to the scene
aud made ray way through the crowd and line ot
police; 1 inquired of a policeman who stood
lieur tho main entratico If overybody had gotten
out, and he replied, seemingly confident, that
the enure audience bad golicu out; 1 found
Mr. Kocholort, tho head usher, and askod
linn IT bo hud seen any of my family cume out, and ho
told mo that tuy ion and an old gentleman (Colonel
S nod crass) had cutuo out of tbo director's box ut tho
end of the fourth act; 1 remumud abuul tho building
uuul about tlireo A. M., but never once thought, nor
did any of the many people with whom 1 conversed,
that any person bad been unable to escape trout tho
building; there wasa ruiuor that Mr. Murdoch was lost,
but It wus contradicted by some one who suid be saw
that actor go out; tbo rcputaltou of Messrs. Shook &
Palmer, aa managers, ts very good as being curetul, re
liable, successiul aud enterprising; the loss on the
building and fixtures la about $123,000, and It Is in
sureu lor $40,000.
a OAs isarrcTon's story.
William n. Field, of No. 658 Fulton street, testi
fied:?1 am Inspector aud have charge of nil the meters
aod tho workmen In tho meter department of tho
Brooklyn Gaslight Company; I was ut tbe comer of
l'earl u*ud Fulton streets, on my way home I row the
Brooklyn Theatre, when the tire broke out; 1 saw
people running to It and went back myself and saw
the building in tiurnes; tho theatre had two main
gas pipes, one tlirou-iiicb pipe Irom Jobuson street and
ouo iwo-incb pipe Irotn Washington street; tbo main
meter that supplied tho stage und auditorium waa
under the stage, in tho collar; tbe other motorssuppliod
the lobbies aud private apartments up the s.a'ire;
these were in the cellar ou tho Washington street side;
wo have tup cocks on the sidewalk by which we can
shut oil the gas; 1 shut oil the cocks on the Washing
ton street Bide about ouo o'clock and on the Johusou
street side the ucxt day; I had to dig up the wulk to
reach the latter one; 1 am sure the gas wus not shut
011 until 1 shut it oti, us no one elto possessed a key;
the gas could bo cut oti by tbe lorco at the iieai on tho
loud connections by which tho meters were connected
with the gas mains; my opinion is that the pipes of
tho masu melor which supplied the gallery wero cut o(T
curly iu tho lire.
JOHN JOXES ON TRI STAND.
John Jones, u supernumerary, slated that the Are
broke out on the middle tunlfgbi on the stage; ono o(
tho borders too* fire; it caught from ono of the bor
der lights; all bands on tbe stage worked to put it out;
it Mazed up in a moment, almost as fast as a powder
explosion, some of tbe stage bands cot out by a side
door, some through windows aud others through the
collar opening; I was puiled out inscnalhlo ou Flood's
alley or Jobusun street;! was employed thero only a
little longer than a week, and during that limo I saw
no tiro boso on tbe stage, but there might have been
one in tho llies.
ERNEST KEDFORD'S TESTIMONY
Ernest Rediord, of WestTwenty-uintb street, near
Tenth avenue, New York, was in tbe gallery with
William Norman, u friend ironi New Loudon, Conn.;
Norman was drinking out oi a bottle and was knocked
down by tbe crowd; that was tbe Iubi 1 saw of him.
KcdtorJ was Kuockud down on tbo stairs and a great
tnuny people passed over,bin. ..
DETECTIVE LOONNt'S STATEMENT.
Edward Looney, a detective, saw the curtain in tbe
box ofllte of the Hrooklyn Theatre on Ore ou Novem
ber 18, when "Oar Boys" was being played; Looney
pulled tbo curtain down and stamped the tire oat; tbe
uudience roso to their feet, but sat dowu again.
In the evening Eire Marshal Keady examined Mr.
Jobn Cashou, oi No. 00 Hicks street. Mr. Cash on is
an insurance surveyor, and in 1871 examined tho
Hrooklyn i'heatro lor tho Fulton Insurance Company.
11 othought that .uUlciont fire extinguishing apparatus
was then at baud and tbe risk a good one generally. He
boil visited tbo theatre frequently since, but never auw
anytblne llko carelessness in tbe management; If two
fires ocourred recently in the theatre, and no subse
quent precautions against Ore wore taken, be, as an
tusurnnco man, would consider tbe management very
careless; witness had made examinations of many
theatres in New York, aud thought the Brooklyn as
well protected from lire as any of tbom,
TIIB HEALTH HOARD'S CONTROL OVER THEATRES.
The New York Board of Health ipropoee to take ac
tion in regard to tbo construction aud safety of
tbcatrcf.
THE COMMITTER ON ENTERTAINMENTS.
The gub-conimiltoo of tbe Cbaritablo Entertainment
and Uolief Committee mot yesterday aftornoon in tho
l'ark Tbeatro, Mr. Maverick acting aa chairman and
Mr. William Davidgo as secrotary. It was stated that
the following actors and actresses bad volun
teered tbeir services in a performance lor
relief:? Ettte Henderson, Mile. Zoo, Minnie
Doylo, Amy Roberts, Louise Sylvester, Mrs.
and Miss Eldridge, J. W. Stevens, J. W. Dow,
C. A. Willis, F. Rode and others. Tbe Metropolitan
Advertising Company have made an offer'to do all
struct advertising (or such performances free of charge.
The Fulton dec Club otlered to give a charity ball in
tbo Assembly Rooms in Washington street on tbo S2d
lust. Mr. tienrgo Fitweeu Kowu sent bis check lor
$60 aud Thomas Klnsclla donated $&0. Mr. Jobn I'.
Smitn road letters trom Mr. J. T. Ford, who wrote that
be bad announced a benefit in Washington with
Feebler, ono In Richmond with tbe Oatua com lunation
and one iu Baltimoro by the Soldtne troupe. In
these entertainments Mr. Ford devotes the gross re
ceipts. He has also made an appeal to the citizens of
Baltimore lor a monumental contribution, saying in it
that tbey have u real causo for gratitude, inasmuch as
In tho lust six years 12,000,000 pcoplo have attended
places of amusement without the loss oi a life. It
was decided to place contribution boxes in prominent
places in ail tho New York and Brooklyn theatres i.nd
public buildings, und Mr. Kinsclla was uskoil to urge
upon other committees tbe Importance o: permanent
organization, with a known headquarters, where cases
of necessity might be recorded and assisted.
GENEROUS OFFERS OP ASSISTANCS.
Mayor Scbrocder received a letter ycatcrday irom
the Crescent Qtt:irtet Club, of Newark, N. J., offeriug
ineir service* and those of other singing societies of
that city. They will bold a musical euicriulmnont at
tbo Newark Opera House on Thursday night of next
week.
Mr. A. K. Stoddard, well known to habitttis of Gil
ir.ore's Garden during last summer, baa volunteered
hlr service/.
I'roiessor Cromwell offers the gross receipts of his
entertainment, illustrating bwitzoriaud, at Masonic
Hall, this city, to-night Mr. Gregory Matteriee, Grand
'treasurer ot the Grand Lodge of tho ritate ot Sew
York. F. und A. M., bus consented to become treasurer
for the occasion. Tho hall is lire proof. In
addition to this Professor Cromwell will give the gross
receipts of three entertainments in Brooklyn, li the
committee does not designate a place, they will be
given id tbe church edlllce corner of 1'ierrepont and
Cliutou streets.
Tho newsboys of; tho Horn*, No. 91 Poplar street,
raised flu '.12 among tbuinsuives, of tbeir own volition.
Jnrroll k Palmer havo oilercd t'jo use of Booth's
Theatre Irec lor entertainments the whole of next
week, and commencing the week's performance* by
| giving a bcnetll to luo relief lund on Monday, De
cember 18.
THR WltlST BENEFIT ENTERTAINMENT.
All entertainment waa given last night In Stelnway
Hall ID ueliail of the Brooklyn sufferers by Muster J.
Hurry .shannon, a child orator, only seven years of
age, Several hundred pcisous were present. Tho
Young Apollo Clun wero in attendance In lull force and
ustisied in carrying out tbo musical prog ram in o.
Several quartern's were rendered with great efftcl, und
M ister .Shannon recited Kolg>rl Bunnell's speech with
wonderful pathos and power lor a child so young.
About $230 were obtained by the entertainment.
BENEFIT ENTERTAINMENTS LAST EVENING.
Tho receipts ol tho. l'ark Theatre und Hoolcy's Opera
House last uigbt'wcro to no devoted to tho rebel of
sufferers by the disaster aud a good house was looked
lor in both establishments. Either owing to tun
severity ol tbe weather or to tlm timidity
wli.cli the calamity lias developed in theatre
goer*, the attendance was cxtreruol.v email. Hardly a
dozen people occupied the orchestra chairs In Ilooley's,
and not many mors appeared in the bulcuuy or gai
lenoa. The Turk was uol much better nilciiued, and
tbe aggregated rcceipiaof both entertainments will be
much smaller than wna anticipated.
? California's offehino.
Word was yesierd.iy received in tins city from San
Francisco that the theatrical fraternity ol that oity are
?nuking preparations to give benefits for the sufferers
by the Brooklyn disaster. John McCdllough, man
ager of tho California Tbeatro, will give the ion.I re
ceipts ol his house on thu samo night thai the
Hrooklyn nud New York theatres devote to
that purpose. Thomas Magulre, lesseo of Baldwin's
Theatre, Mugulro's new 1 he.iire and Maguire'a Opera
House, la matting urraogumouta lor a beuelll at each
of those establishments. The managers of the Wad*
open House will also probabljr do the wrno thing.
Camilla Urro oltera the entire proceeds of bar brat
concert to-morrow evening.
ALOKKMAMC ACTION IV BROOKLYN.
At the regular meeting of the Board of Aldermen
yesterday a letter was reaa from tho Commissioner*
of Fire and BudJings recommending that an ordinance
or an act of lb* Legislature he passod empowering the
commission to placo two men at each puhlio placo of
amusement and public assembly, churches, schools,
Ac,, to bars charge of (Ire apparatus, which was laid
over. Alderman Murtha offered a resolution lor the
appointment ol a committee of lire, to act iu connec
tion with the Department of Firs sud Buildings, to
? eport upou me best means to prevent a recurrence of
disasters like that at the Brooklyn Theatre, winch was
also laid over, pending a communication that I he
Mayor had prepared lor transmission to the Board.
Tho following ts the lottorof the llu/or referred to:?
M Avon's Omca, UitooKLTX, X. Y? Dec. 11, is7d.
To run Public:?
Tbe unfortunate dead have been tenderly burled. Let at
nos MM apt atieiiiiun mure fully iu the ?uri ivinir ?utforer..
In that end 1 rvque.t that all wlio may b? able to elve iu
forinatiou luiu tying those who have been de
prived of their support by the fir* shall Immedi
ately transmit tin saute to me, either by letter
or in person. Already my attention has heen called to a
veal number who am loft wholly destitute 1 request
thill the various ssmntltlees, which have heen onrsnUed lor
the puriroaa of solicitinu euii distributing uiu send one or
un>re representative* to meal nl the Mayor's olbce, nt three
o'clock, on Tuesday afternoon, l.th Inst., so that them may
he a concert of action, and that the work may be proparly
.yslemutiied. Visitors have been euRniferi to visit the
tuiUM's of those a ho ai e sufTerin - una MN are wunmd as
volunteers, especially ladies. Let those who are willing to
serve send tlu-ir Haste* ana addresses to me st once.
1 ri-eumiuoiid tlutt tbe ministers In charge of the various
churches take up collections among their several congrega
tions on the next Sabbath. All the members ol the \ arlout
committee* arc hereby invited to meet Iu the Common
Council Chamber, on Wednesday, the idth last., at right
o clock I* M . when u report will be made of what has neon
done and when such further measures rusy he agreed upou
at the present emergency nppoar to roquire.
Contributions uisy be sent to Daniel Channcey, R*q.,
President of the Mechanics' llauk. or to me nl the Mayor's
Office. Let ail who can, and are willing to give, give
quickly, he tho amount large or small. There sro enough
people benevolently inclined to provide for ll.e wnnts of the
destitute among the surviving sulTcrers without Imposing
forced coutrihutious on our already overburdened taxpayers
by i.arrowing mousy on individual credit or on thst of the
city without warrant of law end looking to legislation aud
taxation to repay tho debt incurred. Kespecttuliy.
K. A. .sCIJituKULlt, Mayor.
Alderman Bay offered a resolution as a aubstitato
for Mr. Murthn's, calling (or the appointment of a
commit too ol three, to associate with ilicm at loam two
architects and builders, to examine all public balla,
churches, buildings, Ac., and report upon tbe same,
und that tho Corporation Couusol, chairman ol the l.aw
Committee, tlio President ol tho Fire Department aud
chairman of tbe Committee ol Lands mid Places, ho
authorized to report au ordinance^? prevent situilur
catastrophes Iu the luture. Tito substitute wna
adopted alter tho 1'resldeut had been added to it und
tbo number of the comnwttco increased to live. A
committee was appointed in accordanco with tho reso
lution.
Alderman Grlswold submitted sn ordiuanco provid
ing tbat all public places of amusement shall bavo two
or more competent men present and supplied with
hose and water; that iticv shall be occupied Iu no
other calling, and that a penalty of $21>o be imposed
for each violation of the ordinance. The ordiuanco
was adopted.
KXSrOXSIBlLITT OF TQSATRR OWNKRS.
In the case ol James McAlpino vs. Rebecca B. Pow
ell, at a recent session of the General Term, Judge Mc
Cuo delivered an opinion which may bear on the law
as regards tho responsibility of tho owners or builders
in putting up such stairs as thoso which led front the
gallery of the theatre, and on which such a loss of
life occurred, If It be proven that this stairway
did uot afford proper means of ogress from
| the gallery. The action was to recover damages
for the death of a child t?n years ot sgo, who dieu irom
the effects of Injuries received by tailing through a
defective tire escape. The Jury gave a verdict lor the
pla'ntiffof $ 1,00b. The opinion was delivered on an
uppcal to the Coneral Term from tbe Court below, and
the verdict was upheld.
It will be reinembtTed tbat Judge McCue was ODe ot
tbe three owners of tho Brooklyn Theatre.
ST THk LONG ISLAND COLLBGB UOSFITAL.
One of tho patterns who was taken to the Long
Islaud College Hospital, Lynch, by name, has been
discharged, lie was brought to the hospital in an uu
conscious condition. Ho aiterwsrd said that he had
louud it necessary to Jump soiuowhere, out he could
not tell where Irom or where to.
The only case remaining at tho hospital n Arthur
Froidoveaux, eighteen years of ago. He was in tho
gallery with his sister, and in his etiorts to rescno her
he was knocked down und walked over, sustaining
some severe braises and burns. His sister was lost.
Frouicveaux is a jeweller by trade and Is rapidly re
covering.
John c'umbcrson, the flyman, who died on Sunday,
suilered greatly before death. He jumped from the
window on Flood's alley and (drained the ligatures of
hU leg neur ibo anKlu The ahouK to his system was
so great as to destroy vitality, and Anally mortifica
tion set in at bis ankle and extended up the leg until it
caused death. He had been severely burned about the
head, neck, lace, breust and arms, his hair, beard,
eyubrowa and lashes being entirely burned olt
BROOKLYN CONTRIBUTIONS.
The Citizens' Koliel Committee will hold a meeting
to-morrow evening at hair-past seven o'clock in the
Common Council chamber. The committee are en
deavoring to And out what families are .in Immediate
neod of lunda and they will probably make several
donations the day after the meeting. Several families
have been already relieved. Testerday morning
two nrgent caaca were re|>ortod to Shorill Daggett,
the secretary of the committee, tine was of the
family of John Keonnn, of No. 497 Marcy avenue, and
tbe other that or Josophlne E. Lund, or No. 462 Hart
street.
Next Sunday again a great many cburcbea and
places ol worship will devote tho collodions to be
taken up to tbe benefit ol tbo sufferers. Committees
Iroin a number of churebcs havo bsen appointed 10
raise all the money they can to swell tbe
fund. Among tbe numorous charitable Institu
tions which are doing good work iu the cuuso
Is the Brooklyn Guild and Union for Christian Work.
Tins association acknowledges tho following cash dona
tions:?Mrs. W. Langlord, $10; P. P. Koolo, $10;
James K. Blossom, $10; Clarence Dunning, f 6; Mrs.
A. P. Putnam. $5; H. U W'., East Forty-second street,
$i; E. K. 11., East forty -second street, $5; Fritz Vic
tor, $25; Hobert Thailau, $100; Church of tbe Saviour,
Kov. A. P. Putnam, $180 12; church of the Saviour
Sunday School, $88; Church of All Souls, Kov. H. W'.
Bellows, (107 50; Second Unitarian church,
ftev. J. W. Chadwick, $121 12; cash, $1;
previously acknowledged, $211; total, $949 77.
l'bu Mayor thinks that not fewer than 200 futilities
will havo to be assisted by tbe committee. Tbo Mayor's
subscription list of yesierday was as follows:-Pre
viously acknowledged, $2,820; cash handed to the
Mayoral the Academy on Sunday, *25; Charles lte
dockor, $5; collection First National Bank, Jersey
City, $13; Carroll Hyde, Binghamtoti, X. Y., $10;
Joseph Hyer, $1; George B. Kimoro, $5; Guthrie &
Co., $50; Myron fc. Tanner, $5; K. P. 1L, $1. Total,
$2,038.
Mr. Daniel Cbauncoy, treasurer or tho Charitablo
Entei'tainment and Citizens' Committee, acknowledges
? ho following, winch is deposited in the Mechanics'
Bank:?Wllliatu E. Sinn, (250; Anule Ward Tiilanv,
$100; Samuel Dovere, J1?XI; Fayette Wofeh, $100;
John P. Smith, $100; Johnson. Carroll A; Co, $500;
C. P., a frieud of the destitute, $200; Buchanan &
Lysll, $26; J. D. P., cash. $10; George Crary, $25; A.
Crittenden, $10; U. A H. McCann, $60; John D. liurke,
$25; 1>, k M. Clisuncey, $lcO; ??Relief of Sullerera,"
$5; Jean M. Davenport Lander. Washington, D. C\,
$100; K. P. Goodwin. $5; Andrew K. Culver, $100;
John M. llicks, $25; George Fnwcotl Howe, $40;
Thomas Kiusclla, $60. Total, $1,1'30.
RKCAPITl'LATION.
Mayor's office $2,038
Mechanics' Bank 1,930
Relief Committee 2u0
Brooklyn Guild and Union 910
Miscellaneous 904
Collected In churches on Sunday, probably 1.C00
Total ? $7,921
ADDITIONAL CONTRIBUTIONS.
Tbe following subscriptions have been received at
tho Hbralo office lor tbo relief fund:?
Dion Boucicsull $600 00
MltclU'll, Vance k Co. (employes) 60 50
Hail 5 00
Mrs. K. U Davenport 20 00
Ceaar Street 50
Willow and orphans' Mite 2 0<J
Windsor Draiuuilu Club Ao 00
Pudgy & 00
Two UooKkepers.... 5 00
M C. Uouviur 60 00
Mario Gordon Raymond loo 00
Louis M. Irischur 6 oo
Sympathy 1 oo
J. E lo 00
Leon Hirscb 10 00
J. Van Zulcu 1 oo
D ft oo
Rose Kytinge 25 00
Mrs. A. J. Uarvey 100 00
Total $956 00
limit mssiNo o.vss.
Katlo Eagan told Coroner Strains yesterday that her
brother Matibew, nineteen years or age, of No. 104
King street, and John Gray, of Red Book Point, have
bteu missing slnco the nlgbt ol the lire.
John Benders and bis wife, of Twelfth street, near
Third avenue, wont lo the thealro and have not been
beard of aiuce. They leave a three-year old baby,
which bas been takon in charge by some relative* in
New York.
Michael Tralnor, e youth of thirteen years, oscorted
Mrs Margaret Lidgate, his employer's wile, and Mrs.
Adelo 8. Koihwoil to tbo thcatro It Is known tbat tbey
sat iu th? irout row of tho gallery, but their bodice
could not ho Identified.
Robert Steers, of No. 246 Fourth stroot, bed boon
out of employment for several mouths, and on Tues
duy last was lo go to work as a conductor of the Brook
lyn City Railroad Company. Ho got excused that day
ill oruor to bu able to attend the thsatro at nlgbt, and
bus not since heen heard ol.
William Deutrcb. a nuchanlc, of No, 188 Nelson
Street, was badly burned in tho Ur*, and ran boinu Willi
Ills cloihiug nearly all burned olf. Bu died on Satur
day, alter sufiuriug greet agouy, loavlug a widow, nine
teen yean of axe, and la delicate condition, wl.ora bo
only recently married.
Hubert Game wcut to tlio theatre to ascertain about
a certain incident which occurred .11 tbo play, ut>oui
which lie had had a dispute. He said bo was iatuiltar
With tbo play and was oonbdool bo *1U rijiU 1. but
would go to make sure. He was not seen attain.
The badge ol Stewart Hand, reporter 01 ilia Com
mercial Advertiser, ol this city. wu? discovered in the
ruius of the tuettro. Hand was employed in the
office of that paper on tho 14lh of June, 1S73, as mes
senger hoy, and soon developed a remarkable aptitude
101 journalise pursuits About n year ago he was M*
bigned to duty ua a city reporter, and by his luiei!:.
geiice and accuracy gnvo proinlso ol u brilliant future.
William L. Donnelly, another young reporter, liis
not been heard lioni by me mother since tno nigUl ol
tbe hlh Inst., when ho went to tno theatre. .He Und
not been many weeks homo bom the West, wheie he
had made a brief visit. Ills stepfather loll no doubt
Whatever ol baring discovered the poor fellow's re
mains by means 01 several articles ol clothing recog
nized as belonging to him; but us these articles were
purtly divided between two crisped trunks, his mother
declined to acquiesce lu tbo Identification, lor tear of
receiving the wrung body.
PHILADELPHIA THEATItnS.
Fhiladklmiia, Dec. 11, 1878.
In accordsnco with a resolution recently passed by
the councils tbo building Inspectors commenced s
tour of Inspection ot the theatres and amusement
halls of this city to-da*. Several defects, which under
ordinary circumstances would have pas-ed unnoticed,
wero singled out ana ordered to bo remedied.
THE BURLINGTON FIRE.
TWO NEGROES IN CUSTODY FOB INCENDIAR
ISM?A CITY WITHOUT WATER AND WITHOUT
LAHFLIGUT AT NIOHT?DETAIL* OF TUE
LOSSES AND INSURANCE.
BtTKLKOYON, X. J., Dec. 11, 1876.
The destruction caused by the great conflagration In
this city yesterday haa plunged about two score ol poor
families into sorrow and want. The hard earnings lor
years back ot many a skilliul mechanic
and brawny laborer bare beou awept away
All this was the work ol an liioarualo
(lend, commonly called a "lire bug" or an Incendiary.
Two negroes, known to tbc inhabitants us desperate
characters lor sumo time back, named "Jack" 11 itch wis
and "Bill" Uugg, havo been arrested on the charge of
having act tiro to the llvury stable Irom which the
Dames spread, resulting in the conflagration. They
arc safely lodged in jail pending their examination
before Mayor McDowell. Many pooplo say that tbeso
men aro the guilty partio?.
On tbo moruing ol tho flro Hugg received a severe
maltreating y the hands of some of the Inluriutcd citi
zens on suspicion ot being tbe incendiary, and bis lace
now beats eviuenco of tho bard kuocks bo received.
But lor the interference ot peaceably disposed citizens
he would undoubtedly have suflorod tho rigor ol lynch
law. Another uogro uauicd *-Jnn" Henry was iouud
In tho act ol cuiitug tho demon's hose, when he, too,
was subjected to a casllgulion.
This city is, perhaps, me oldest one In the State, and
it is said that it is oven older than Pniludelphtu.
Ancient though It be, it seems it has uol kept paco with
the progress ol the age. because it ouly contains a
population ol about 7,000, sua Us poaco is preserved
by tbrce solitary policemen. There sre uo night
watchmen, and there are no lamps lelt burning during
tho night. No wonder, tneu, that complaint is general
that the city, lor tho past low mouths, is infested uy
organized gangs of burglars, incendiaries and other
vagabonds. A week ago a Ore occurred on Broud
street, which destroyed the carpenter shop of a Mr.
McCounelL It broke out at midnight. A lady, named
Miss Bailie Dcucou, on seeing it became so lerrllled that
she dropped dead. Nuuiorous other Arcs havo been re
ported, ana still no eflurts were made to discover the
wrctcbes who kindled them. Another source of com
plaint is the scarcity ol wstor. Had there been a more
abundant supply of water on band yesterday morning
thero would have been considerably less property de
stroyed. Nome time ago progressive citizens wanted
to build now water works commensuruto with the
wants of tne inhabitants, but the project was opposed
and deleated by pseudo economists who had political
offices in view, and thoreloro tbev did not desire to
burden tbe peoplo by Increased taxation. Now
when It Is almost too late these people have con
sented to the construction of now water works.
The recent conflagration was the largest that ever
took place in the city. Bat for the efficient aid ren
dered by tbo flromen, some of whom wcro Irom Cam
don, and the noblo exoruous of iho inhabitants the
grealor portion of the town would have beou laid
waste.
Tho course ol tbe Ore was rather singulnr. It started
In the livery stable near the depot, then jumped east
ward across Main street, where a two story brick
building succumueU to its lury. It then passed over a
row of buildings up to the end of Li
brary street, which runs at right angles with
Mam street, and destroyed another iwo story
brick house. It next gave a marvellous jump ol two
squares, over clusiers of brick and irame awelilngs,
and Ignited tne houses ou York street. Here it dnl
not abate until twonty-four storos and dweltiugs were
completely destroyed. This last jump was 400 yards
In longth! Tho roots of over twenty other houses were
set on Arc, but saved Irom destruction by tbo rosl
dents. Tho high wind carried tbe sparks this distance,
and even further, for the farm houses ot Mr. Stucy
Sc.ill, two miles distant, were affected thereby.
It was Mra P. Harvey, aged eigbty-ono, Instead ol
Mrs. Harrison, who died Irom Irigbt. Hor lunerai
will tuko place to-morrow rrotu tho Baptist church.
This was the only latal casualty.
Joseph Began and Melville Uurdiner wero slightly in
jured by falling down troin roofs. John Mltcboll waa
severely trozen while holding a branch pipe.
Tbe Common Council has appropriated $1100 for the
reltet ol the sufferers, snd citizens ol Pniladolphla
have proffered more ussisiauce. Tbe citizens ol Bur
lington, headed uy Mayor McDowoll, -Staio Senator
Klugaway, Dr. J. 8. Adams and Mr. K. B. Carter ure
duiug iboir utmost iu rendering substantial aid. Dr.
Adams Is untiring in his exertions. Bonds to tho
amount of $0,000 are to bo Issued as soon as possible.
Tho dtibris to-day presented a pitiable sight. Hero
and thero might be seen many ot tbe poor sufferers
picking out cups, dishes, to., from the ruins where
stood iheir once happy homos. The charred aud
biackoncd remains ol tho horses which perished
In the lire were to bo seen unions the debris, each one
hardly rccogn iruble as tbnl ol an animal.
The total loss docs not exoood $GO,OOD. As was
stated in the Hkkau>, about forty families are home
less.
It seems that thieves wcro at tho Are prosecuting
their villanous vocation, as one was detected having
In bis possession a child's savings bank containing
about $0 in currency.
JACK HITCni.XS KXAXIXED.
Jack Bltchins bad an examiuatiou before Mayor Mc
Dowell to-day, aud was committed for further bearing.
SIX FIES3 IN CLEVELAND.
Clevilaxd, Ohio, Dec. 11, 1876
Six fires hare occurred In this city since Saturday at
noon, aud the inienso cold has prevented tbe engines
from working favorably. Tho most destructive oc
curred In tbe Eighteenth ward at ono o'clock this
morning, causing a loss of $25,000. It was dls.
covered In the undertaking establishment of
Charles Thomas, quickly Ignited tbe Cleveland and
Newburg Ha.I way Company's stables, which were
totally destroyed, and Irom thence spread to adjoining
property. .Several saloons wore burned down. Charles
Thomas and Uwcn Qulglev, of the Cataract Building,
are inc heaviest losers, sustatntug about halt of tho
whole loss.
The lu.urances will aggregate about $12,000, nod, as
far us ascertained, areas lollows:?Charles Thomas,
(11,500, divided between tho Phoenix and l'ho'iiix M u
tunl; Owen Quiglcy, $2,000, In the Uibornia, of Cleve
land.
A LIGHTER BURNED.
About balf-pusl scroti lust night the llghtor July, at
pier 20 East Ktver, accidentally caught Ore. Tho
flames spread rapidly snd soon enveloped tho rigging.
Tbrso oagiuos wore quickly ou tho spot snd the Are
was quoucbed within half an hour. The cargo con
stated el cotton und was damaged $5,000, almost a
total loss. Tho lighter itself, owned by 8. Bliort
land 4t Brother, was damaged $500.
FIRE IN ASTORIA.
About four o'clock yestorday moruing flames were
discovered issuing from tho extensive greenhouses
belonging to Mr. Btlly l.escb, at Astoria, and before
aesislunce could be reudured tne greenhouses and two
buildings adjoining wero enveloped in Ure. Tbc loss is
estimate l at lull.v (12,i;00, the buildings but partly In
sured. Upon love-t guilou unmistakable prools were
shown that tho Ore was tbo work ol uu lucoudiary.
THE PATEltSON FIRE.
The loss by lbs burning ol Dougherty's building, on
Main-trcet, 1'atcrson, on Saturday ovemng, will ex
ceed $0,000. The insurance is $4,100, in tut Liver
pool, London and (.lobe Insurance Companies.
MICHIGAN'S INELIGIBLE ELECTOR.
HOW MB. HANCHETT 8 PLACE WAS FILLED?
A QUESTION FOIt CONGRESS?SHALL ONE
VOTE OK DEDUCTED FfiOM THE HAYES
BCOBX ?
[BY TBLEOBAPH TO THE HERALD.]
Detroit, Dec. 11, 1870.
Benton Uanchett, one of tbe republican electors,
Doing Ineligible by reason of holding lbs office of
Uuited States Commissioner, did not attend
tbe rneollng of the oicctors last woek,
wno thereupon assuming that tbore was
a vacancy, appointed a person to cast tbo missing
vole lor Haves. Tho democratic lawyers here main
tain that a* ilnnchett was ineligible there was a lailure
to elect, aud mat therefore llauchelt's absence did not
make, lu tbo legal sense, a vacancy which the olner
electors were quulittod to till. Thus tho caeo stands,
Piouls anu authorities will be submitted avouching
that Michigan gives to llayes ten votes only instead
ot eleven.
SOUTH CAROLINA.
No Lynching cf Allege! Col
ore! Conspirators.
A PLOT REVEALED.
The Senatorial Election?Senator Robertson
Declines To Be a Candidate.
JUDGE BOND'S DECISION.
He Releases the Returning Board from
Custody.
[bt teleoeapu to tub herald.]
Colombia, Dec. li, 1B76.
The special Hskald correspondent, sent to inquire
into the truth o( the alleged lynching of ten negroes in
Abbevillo county, which wus reported yesterday by the
republicans, telegraphs Iront that place aa follows;?
"No lynching ol negroes has lakou place, olthor here
or In uny ol the adjoining counties."
A despatch received by the .Sheriff, front the Sheriff
of Anderson county, says that the prisoucrs arrived
thereon Friday evening, and were confined in the Jail
ou Friday night. On Saturday they were romoved
Irotn Anderson jail to the jail of Walhalla by order of
Judge (Jrobe, as a precautionary measure. They aro
now safely coutlnod in jail at Wulhalla, and will bo tried
for their crimes according to law.
ohicis or Till LYXCIIIXO STORY.
The reports of the lynching aro-o from the fact that
thirteen persons of the scvontccu who bad been ar
rested were placed under u guard ol twelve men to bo
taken to Abbeville. Prisoners and oscort started in
that direction, but ascertaining that the road was
picketed and ambushed by a body of men who Intended
to waylay the guard and rescue the prisoners, they
altered their course and went to AndersoD, where they
arrived Friday evening.
A UOBBIBLB PLOT.
The developments of tho plot for the murder of the
whites, arlsiug out of the ponding investigation, are
Intensely horrible. Lowndsville, which was to be tho
scono of those massacres, is sltuuted In the north
western portion or tho counrry, on tho Savannah
River, twenty miles from Abbeville, and tho same dis
tance from Anderson. The county Is ralbor sparsely
settled, and the negroes aro largoly In the majority.
Tho plot proposed to kill all tho whitos In the town,
and then go from house to bouse In tho country. On
tno night ol the murder of Allen all tho roads leading
to Lowndsville woro closely pickoted by troin tllteou
to twenty armed negroes, one squad being stufoncd at
the Presbyterian church, where Allen was murdered.
TUB MCBIIBK OP ALLEY.
Allen and his trlend Baker had been vtsltlng ladies
and were on their way home, when thoy were haltod
Jn Iront of tho church. Thoy immediately stopped,
and a com maud to lire was given by one ol the negroes.
Some one In tbo crowd snouted to the negroes to "hold
on," but the command was given again and tho firing
immediately took place. Allen, being pierced by six
bullets, fell trom bis horse dead. Baker's borso
whcolod and ran wtth his rider, who was wounded In
the nock. One of tho negro militia ran out und
fell over Allan's corpso, and Qred at Ba
ker without cffoct. Raker rotnrned to town and
gave the alarm. After the firing tho negro pickets on
the other roads leading to the town concentrated upon
tho Onng party at tho church, but Boon after dis
persed. No action was taken by the people or tbe
authorities until the next day, when Trial Justice
Beckham Issued warrants for the arrest of the bus*
peeled persons.
A KEGBo'S OOYFKSSIOX.
The negro named Maxwell, who was arrested and
made a lull confession, said that tho plot had been
arranged lor an ipdlscrlmtnate slaughter of the whites;
that the night of the murder had been appointed to
begin, and mat sixty or ?cvemy negroes were con
corned and sworn Into tbe conspiracy. The officers
succeeded in arresting only seventeen.
acicinx or rxisoxicBs.
Before leaving Lowndsville tho friends of Maxwell,
one of the prisoners, was ailowod to give him a bas
ket of provisions, which was afterward found to con
tain a bottle of laudanum. Maxwell took the lauda
num and died from its efiects after reaching Anderson.
Two of tbe other prisoners also took laudanum, but
are still alive, and physicians aro now trying to coun
teract tho effect of the poison.
A OUKIOL'S CLEW BtTKAVa THS COK8P1 BAToaa.
Tbe first negro arrested was discovered by a wad
shot Ironi his gun, which was found near the aceno of
the murder ol Allen. It was tbo margin of tho l/nir.u
llerakl, Governor Chamberlain's organ, which bad tho
negro's own name written on It. He was at once
arrested, and on this ovidence made a lull conlession.
Tho utmost quiet provnlls, and If thero bad been a
disposition to lynch tho negroes beretolore that ter
rible alternative has been abandoned.
TUB 8KXAT0RIAL ql'KNTION.
Quite au Important event took plsco to-duy in tho
announcement that United States Seuator F. J. Rob
ertson bad rolused to become a candidate ' for ro-elec
lion btforo the Uqperal Assembly composed ot tbo
Senate and Mackey House. Tbe Senator, In a letter In
reply to ono asking bite to be a candidate for re-eloc
tlon. gives bia views on tbe situation boro as lol
lows
Columbia, 3. C., Don 9, 1871
Pear Sir?Your request in behalf of yourself and
others of my friends lor an expression oi iny news
und wishes as to allowing my name to bo used as a
cuuniduto lor re-elcctlon to the United States Senate
at the election intended to Ou hold on Tuesd iy next,
in which it is expected thai the Sonalo will co-oporuto
wttb tbo body known as tbe M ickey House, couveyod
by your letter of this dale, has boon duly received.
SENATOR ROBERTSON DECLINES.
I can sec no way in which consistently with my
views of duty I could permit inyselt to stand as a can
didate lor m-electioli by that body. It has been de
cided by our Court ol last resort that tho body claim
ing to participate in that election as the llousool Rep
resentatives is not a constitutional and a leg il body,
and that It can perform no act that can be recog
nixed by the courta 1 urn bound by con
sistency with all my past official action,
and my recent opinions und convictions, to
hold that it is tho province of my own Stnto, having
tb? sumo right* as the nmst Isvorad states in tho
I'll Ion, to determine lor Ucrsolf the question of tho
constitutional ami legal character ot her public officers.
1 know ol no other way ol reaching a Dual conclusion
ou such a subject but that through the determination
of tho courts.
TltK Htm TO RESPECT TUB COURT'S DECISION,
As a oitizon, believing that oil socurily lor Itfo and
property rcsu In obeying and supporting the Judicial
uuinurity of ihu Slate, 1 am coustraiued to yield to
tho ilnal decision of this question by tho courts.
I should not bo worthy to represent my
Htale In tbe Unttod States Scnsto If I did not both re
apocl tnc constitutional rights of tho Mute and give to
ttiem my I Mil efforts lor their malntenaui ?, or u i tall
to yield obedlonco to tho constitutions! powers ap
pointed by tho State lor the Uciurtumutton <y such
questions; nor could I hope that 1 should be sustained
by tbe United States Sunalo should 1 yield myself
to measuros looking to the disfranchise
ment of my Slate or resisting her consti
tutional authorities. That body has always
acted with eminent dignity and Justice, and. could I
overcome all other objections, 1 could not possibly pre
sent myself before tbst body peeking us recogni
tion while plottlug against the integrity and honor of
tbo Stale dear to mo by birth and hie, long associa
tions, sad peculiarly so under tne relations that I
sustain to Iter as her representative In the high
est national body, bound to exert myscll
lor her protection and ndvanoenii in. Regard
ing tills boajr, intending to proceed to elect
a United States Senator on Tuesday next, as constltu
tmn.iliy delsclive for want of the co-operations ol the
constitutional House of Representatives, I am con
strained to withholding my name as a candidate beforo
It, Very rospecltuily tours,
T. J. RcBKRTSOX, United Stales Senator.
CANDIDATES.
The balloting for a Senator commences to-morrow,
the most prominent candidates being C. C. llowen,
United Slates District Attorney Corbtn, R. B. Kltiott
and F. L. Cardosa, the two latter colored.
Tbe Wallace house will not ballot, as tbe democrats
claim the General Assembly has not yet commenced tie
session.
TUB CANVAMIIO BOARD 01SCRAROED XT CNITBD STATIN
JVDUB BOND.
Id tbe United Statea Circuit Court to-day, ta the case
of Hayne et nL Board of Canvassers vs.
the Supreme Court, for Imprisonment lor
contempt, Judge bond delivered a decision, In
whiuh he took the crvand that the Mateaaa Ceurl
hod ao jurisdiction tn the cause from Its ineeptlM.
The decision cover* twelve ps.es of lejfal cap. la
consequence of ttits the prisoners are entitled to their
uncharge, and to rnurrow the order for discharge Irons
Ihr custody of tho marshal wJI be made. The can
vassers were already virtually released, but the legal
tratsrnity aro astonished at the turn matters have
taken.
NO Ol'TRKKAK ANTICIPATED WHILE TUK TKOOPS RS
MA X?Til* qCBJTlO* or A SCCCkSSOIt TO aXNATUB
rosirtmin.
The govern m;-tit. up to noon to-day, wua without
any official intelligence from South Carolina. South
Carolina Senators outertam no further apprehension
ol disorder whho the troops reinaiu In tho Stale, and
believe that they will rcuialu until all probabilities of
an outbreak aro over is assured.
WHO WILL BE SENATOR f
There is some interest In republican circles, and par
ticularly among Southern republicans, regarding the
Senatorial election in South Carolina. A letter from
Governor Chamberlain to ono of the South Carolina
Senators intimated that just now there was no indica
tions by which to Judge who would succeed Senator
Robertson, whose term expires ou the 4th of March,
FLOlilDA.
PAUSE IS TOE CONTEMPT CASK?PBOBABIL
ITY OK A NEW COUNT BY THE BETUBN1NO
BOAltD AND THE STATE BEINO OIVEN TO
YHK TILDKN ELECTORS AND THE DBMOCBATIO
STATE TICKET.
[BY TELEUBAPII TO THE HE BALD. ]
Tallauaseks, Dec. 11, 1870.
Tho court room was crowded to-day to hear Judgt
White pass sentence ou tho republican members of
the Returning Hoard tor contempt. Just boforo the
rvutonce was pronounced the democratlo counsel arosu
and bogged trial tho Court would suspend Its sonteuce
until tomorrow morning. 'litis action, of course,
created great surprise. Your correspondent st ones
sought Judgo Campbell, who mado tho request, and
received an oxplunallon of bis sudden change ol
tactics. Tho democrats have, as Incidental to this
trial for contempt, made a motion befoio tho Court lor
a mandamus to compel thoso members of the
Hoard to cauvass the votes for Staio officers In a
purely ministerial way, simply adding up tho face
of the return. The defendants agreed this eventug
that If Judge Win to would suspcud Judgment they
would go before the Supremo Court to-morrow moru
lng and have au Instant uud filial trial ot the man
damus case, and act In uccordanco with tho decision
of that Court. Desiring to roach this doclaion as
speedily as possible, tho counsel tor tho democrulio
candidates agreed to tho proposition; hence Judge
Campbell's request. Tho case will then go to the
highest tribunal to morrow morning.
A USCANVA8S PKOI1AHLS.
If the Supremo Court decides that tho powers ol the
Hoard aro purely miniatcrlal, and it Is very generally
believed that It will so decide, the Hoard Is pledged to
at enco open the result reached by the canvass of the
6th inst., rccanvass the votes from the faco of the re
turns and Issue a eertttlcaio of the result reached In
that way.
It la a noticoable fact that If this Is done ths
second canvass of votes of this Slate, made under
direction of the courts, will givo iheTildcn electors 129
majority, whllo through tho queatlonablo canvass
already made tne eortillcutes have been given to the
Hayes doctors.
Drew's majority on the faco of tho returns will be
about 672, and both of tho democratic candldstss lor
Congress will be elected by good majorities.
ARRIVAL or TUK CONGRESSIONAL COMMUTER.
The Congressional committee has Just arrived, hav
ing been twice delayed by missing scheduler.
TUK ATTORNEY UB.MRAL'1 PROTEST NEVER VfLSO.
The following correspondence In relation to the pro
test of Attorney General Cocko against the uetton of ths
State Canvassing llourd das Just beon made public:?
Tallahassee, Fla.. Dec. II, 1870.
William I.kk Armour, Esq , Clerk ot tne Board ol
tho tjiato or Canvassers:?
Sir?Wo have been not a Utllo surprised at sesing in
print what purports to bo the protestor William Archer
Cocko, Attorney General, a member of tho rjtato Board
ol Canvassers, died with tho Board, protesting against
tho ucltun ol a majority of the Board. No aucb ur
ui.y other protoat has, to uur knowlugo, been died er
presented to us, or any ol us. Bus any protest uf any
kind been died with you as Clerk of the Board, or
handed loyou to be filed!1 If eo, please inform ua of
the fact and of the time when.
SAil I'KL B. McLlN, Secretary of slat*
C. A. COWGIRL, Comptroller.
Tallahassee, Fla., Doc 11, 187&
Hon. S. B. KcLi.vand Hun. C. A. Cowgill:?
Gk.ntlkven?In reply to the question contained In
your letier of this date, I have to Buy that no protest
against the action of the majority ol the State Board
ol Canvassers by Hon. W. a. Cocko, Attorney Gen
eral, a member of that Board, has been died with me
as clerk of the said Hoard, or liaudcd me to be tiled,
nor have 1 soeu or in any way received such a protest
WILLIAM LEE AITIIOKI',
Clerk of state llourd ol Canvasser*
LOUISIANA.
1BHT71T, of THB CONQBESSIONAIi COMMITTEE,
Nsw Orleans, Dae. 11. 1870.
The House Committee on Louisiana AtJalrs fiare ar
rived. Tliey will not ltkoiy commence work until
to-morrow.
OliEOON.
THE CONTESTED ELKCTOEAL VOTE DISCUSSED
AT THE NATIONAL CAPITAL?A SENATE COM
MITTEE TO INVESTIGATE THE MATTKB.
Washington, Dec. 11, 1870.
The question of Governor tirover's action In grant*
tng a certificate to a democratic elector in Oregon con
tinues to be ono of absorbing Interest In tbe highest
political and olllcial circles here. There had been no
formal Cabinet discussion ol tbo subjoct, as members
of the Cabinet say that such a technicality as tbo
ono presented is not, at least at this lime, one thai
culls lor the Cabinet's olllcial consideration. There
has. however, been earnest and repealed attention
given to it Informally by members of the Cabinet, as
well as by members of both houses of Congress. It
is stated by prominent friends of ths
administration that there Is no apprehension
that the eloctlon will turn uuon the points
Involved In the Oregon case. It bus not reached such
conditions as to bo regarded as a matter for Investiga
tion by the Attorney General, wbo has not given either
In tbo Cabinet or elsewhere any opinion on thu subject
further than is shown by the other Cabinet officers
already related.
PKOI'OSKD ACTION or TUB SENATE.
Tbe Senate Cotuuillleo on Privileges and Elections
this mortiing voted to recommend the adoption by ths
Si nato of Mr. Ultcholl's resolution, directing tbe Com
mittee to Investigate tbo facts attending tbo appoint
ment of Presidential electors In Oregon Senators
Morton, Logan and Kernan will, as a sub-oommlltee,
conduct thu Investigation, and Governor Orover,
together with the Socroiary of State and several other
persona, will bo subpuinacd to come hero immediately
from Oregon.
The same Senators will constitute a sub-committee
for investigating tbo elections ol Alabama, Missis
sippi and Georgia under tbe Edmunds resolution
adopted by tho Senate last week. Ths investigation
concerning these States will be conducted In this olty.
All the other members of the committee wore last
Saturday detailed as membeas of sub-committees to
proceed to south Carolina, Florida and Louisiana, and
they will start South to-day.
SENATOR MITCHRLLS REPORT IN FCIJL,
Tbe following is tbo report submitted to lbs Boasts
to-day by Mr. Mitchell in behalf of tbo Committee on
Privileges and Klectlous:?
The Committee on Privileges and {Elections te
which was referred tbe resolution relating to tho elec
toral volo in Oregon, having considered the same, have
Instructed ine to report that tbe said resolution bo
amended to read as follows, and they recommend its
adoption
Whereas It Is alleged that at tbe late election for
electors ol Prosidout and Vice President lor tho dints
of Oregon, the poople ol tbo nald Slate by a majority
of over 1,000 votes eloctcd W. H. Odell, J. C Cart
wrtglit and J. W. Watts; and, whereas it la also alleged
that tho Governor ol tho said Stato did subsequently.
In violation of law and defiance of the expressed will
ol the people, Issuo s certificate of election to on# E.
A. Cronin instead or ?aiu J. W. Watts. It Is also alleged
that said K. A. Cronin did, in violation ol law, upoa
some pretext, assume to soloct lor his colleagues on*
J. N. f Miller and I'arlter in lien of said W. H. Odell
and J. C. Cartwright, and whereas it is Inrtber alleged
that said Cronin, Miller and Parker bavo assumed te
cast the vote of Oregon lor President
and Vice President, and to certily the same
to the President of the 8enate; therefore, be II
Uosolvod, That the Committee on Privileges end
Kloclions In horoby Instructed to tsqnlre into the
eligibility of J. W. Watts, and investigate the feats at
tending tbe appointment of eeld electors and pre
tended electors aud report tbo same to tbe ScnaM, and
for this purpose may employ a stenographer, send for
persons and papers, administer nates add ?
wn