The press. (Philadelphia [Pa.]) 1857-1880, January 24, 1860, Image 1

- THE PRESS.
PITBI4BIIBB ,DALLY :(81711DAY8 11110/IPTBD)
Bit JOHN Vr.:FoRREY.
10FRIOE NO. 417 0111 STNUT STRUT.
. -DAILY paEss.
Tyvsavß Olen Pea Was:. pelable to the Cle
Mailed tit tiebsombete out dike, City M Douai*
PIM ANNuM . FOIIEL DOLLAIte 7/04 . ..11 TOUT MONTH/
TIIiNSIDOLLAIte NOR 431: 14042 11 1"itiVettebir td ad=
vanee for the time ordered:'
Mailed to subsonbers out of the Citet,t Tease Dot
LAYS PEI 411.1511Mdr111 advlinoe., -
STATIONERY.
1 QM) NEW FIRMS AND,. Q •
- 1 "-"‘"`" CHANGES,
WM. F. MURPHY & SONS.
No. 339 CHESTNUT STREET,
Below ninth,
!HAMM, MA2iITITACTIMII6 OP
B•LANK BOOKS,
Blade ofltuou Stook.
&mold Orders promptly ezeontol.
Cher, Drafts, Nem, Copyists h Presp i n Lot t t , lan o i
nitul"c"6l.l*lNTMEll36llOnitt
MIi.LINERY GOODS.
729. N E
729.
FLOWER & FEATHER
'STORE,
"T29'OHTSB.TNUT STREET:
Mixing ent, at ORRATAN REDDORD PRIOR& oar
antlra stook of - •
BRAD DitteIIES. , BRIDATLWREtBII,
FaYallai FL0W.1611.13, FBA
• . mu, INEILY. 000 DB.
NFJPNEDY BRO.,
799 01LOTNUT az, AND 43 3. SECOND 3T.
oata-aml ,
BOOTS AND SHOES.
H.A.ZELI.4 & HARMER.
, ALWUNA=IIIMI
„WHOLFBALIII DIALIES
HOOTS, AND - SHOES. .
NO. 128 NORTH THIRD liITNUT.
A fall moment of Clif made goal and Shone eon
steal: on band. alO-tf
WATCHES, JEWELRY, dres.
SILV-E.R- WARE.
WM. WILSON & SON
•
Invite genial attention to thin/took of BILVBII.
WARE, whioh is now nnuanally large, affbrding a vs
rtety of pattern and design nreareassied by any house
the United States, sod of finer quality than is manage
toed for, table use In any part of the world. ,
Our Standard of Silver is 9354.000 parts pure.
The'Engllah Starling .9254000
American and Preach 90041000 1,
Thu It hill be seen that we give thirty-five parts raw
then the American and Fund coin, sad ten parts purer
than Mg English Sterling. Ws melt all our own Silver.
=dire guaranies the quality as stove (MO, whloh rs
tho ,gotrir Mat rag be made to be serviaiabli, and will
resist the salon of !tilde mush bony than Ms ere.
won , Bileff
WM. WILSON & SON,
11. B.—Any fineness of Silver Manufootared es limed
upon, but sosittroo/y nose isfOrtor to React and Assort
oat starstlarl.
Nolen ea➢pliedwnth them= standaid u nand in
our roan dental - main . .
Fine 811 4 ver Bars, *4OlO tsrti 'pure, onstantly as
kind. sul4lat
HARDWARE PACKAGE HOUSES.
HANDY & BRENNER.
33, 93, AND Mr NUM FIFTH ISTREBB
ntudaftthure,
wnomazx OOMMIO&ON MatORANTO,
For the solo of all 'kinds of,
kVA 3 40 1 . 4 40Aiiiliki/V l ,:iirdtiikliTi% I
AND MMUS! OP
.0111.11 MAD, BELEFIAN, FRENCH; AND ENDURE
HARDWARE AND OVTLERY,
Bony constantly on bud a large stook of Goode to esf
yly
Hardware Dealers.
LOTOHER'S FII;1119,
131FFOHSIVil AGE T the ea • oth "it. '
BUTCHER'S STEEL OF VABIOV HINDS.
WRIGHT'S PATENT AWLS • AND
snip oatari,
ink other kinds in miry nrisith
NMI Anna Fox ,
82411,1 0 . , .11 ETBATB,S, 11.0 4 T,Ctlei
OFT AY% DEW MODEL, RIFLES AMD. , r/WVOLIS.
.ftweiD e. SLIMY. MO. O. PRIM& •11. P. PUI(NU.
111Y-1I
pACKAGE HARD WißEHdtsit—Ncre
...- cr woild retlkeottullt call the attention of the Ur
fehrlarl d :Mß = 11 ;r: Arsr fi, ...I
nos by the twoltone. - .
&Goode de.;
Hillarelger &teldinr. 4 1 "w n . IL U r b l tad firr i p so om-vm. , ••
-
41' 00mIlt fr,_ Btreet,
• • Pm:Hu d Commt on ateronaba
End /ideate tor rcwomm a ttd Dominate Hardware.
auss-e
.. _
CABINET WARE.
CABINET FDRNITURE Alm BILLIARD
TAMS.
MOORE 83 CAMPION.
No. 261 sotrTH SECOND EEREST,
Ocomeotion with their extiusive cibisl t BMW/go STIO
SOw manufacturtomoLarlitis
a Ia v aratOWIS T AMMONS t i
Whlah are Int by all who have them to t ie
in ronfe t tialltY n rafidt of these Table' the el
bowers safer to roes patron throughout
rx , who , with the character of the
IySt4m
DRUGS. cinsapitAt.s, 40:
DUGS, GLASS, - PAINTS,. &a.
F V)) kit:110) DV/CO :IF zciulell
IORTHEAB 00AN133i
101INTI1 AND MON STANET9,
#ROLESALR DRUGGISTS,
Iterorters sad Deelete in WINDOW Oldalth PAINTS.
•0., Ittlnte the attention of
COUNTRY MERCHANTS
to thetriargs stook d amide, width they oar et the
loviert =thin rates. , oett-tt
SCALES.
MANCHESTER SCALES.—:-Courttei,
Pliform, Werehonee, Coed, and Railroad
Ataafßa e ritng_fdaoldnotandrawa "gent ), and Balt
kt,ror &V+ at No. 4.41 OR.R4NUT infest.
ISVATIWIIIII OTTAHLEB A. DANTELS.
jiFAIRBANKS , PLATFORkt SOMAS
,For We bilidaMaitt=ii.
F.DICINAL.
A n. wiNsLow j. . ~,
pi,,,d, Ex"divENiraitelsg.--
larSTri N G IL v
rOR CHILDREN TEETHING
vit i ppriirt titlar k: 3or
s iti
R[
um itiatftwill give Tato you soe: ;Oreto
WOW AND HALM" To YOUR 'MISTS.
e Int pulgand , 4 artl:lftgok bit
rhar eaa 141,r / 7, 1 b :nos inky Orem' otbor
mat m iti gi TE
,' . : t F Wlre t As Sir
• ipti2l. t m er, g ,., 7 0 -?.. iir Oi t i!
„ bi -- rrE t t 0,.., m e m T and
Ont! o ec at s .. . t 4 2, log mw:
ill egeeteend or (ay r di • NI, . a in
i = er n_epoi IX) lereOti '4l il4 rgiliggA l eirg
s i s p =rot we b:rd de : I 51 ...
..,
ad jadoort ma
we wriertuie i an •cm ot =Otos train pain ana
attereill o be f.t . lap in litHil or MAW
rir the Sim I _ nuttee
01
13
lp• 4 %.7 st 0 reacfipie ' y
g t a
I e w4i Y 2 ?law I g 'F' Oh a. HAIL x
x- ' Aram cawA g En. ,
IS not ee,l7 ramie the i?, 2 L owl pain, bpi Is.
AleregltiMi° 4 _nrhpind tr . k;,,titNTiren.li tt lttli
t. ly.yil ~ Havl'h...o T
IMP irlD 0 CODs omen's op-
M c rilit e i n Nee tre ' c2 ?eV trii grist me u reih e •V A ii
aafelk:Ordilrityi f , Z tin i tterll :t id i D ip m
, Wraclnl 4l 7 o be ~.., OW. We would sa to
Viorlg h :inli i iit: 31`1 1 1Yeter i AgiVig
air p.-441 , ra , 0 0 t . F ,Yeta.... tw , aszi
ir 41445 0 21 l e
vi VI ii&vt fo riLl
t t:
i l
rg. hia,„Jitaadoiin cii tay tl i'ort;offt
ireedelorteil B l! x 4 Ea mad" 18 "
010114)p014
sintld aW tly DruggiettjuvighbAt th_tirprld. Pripet
•Ko. la Moms nylon, wow YET. $7lll-sy
owssiossms
VIVA ,S ' • E9t -7 '
ii
s,, 1100 bbls .9 trite Turpentine,
, s la g: ite i t i ztztn e ,
•-;LW do ar,
do Iton,JELatore and fou l : t ry
- . . Ann.
it"l.9 " . la irdi itiMPik
.
- ICIIIOLSON,
.. ,
• . , - . Manufeaturer or
BRlatic MtvSTY and MARREMLRS
- - '- BOSOMS AND COLLARS
A hone oil:0 - .3401es nuortment. and waLL,taxne, al
warn rind. unto..whiab I. partteidarly 1:1VIte the at
lierreimtbntirt,
4 8 n . 11 1 . ' od ° t ° n a V e
i o a f n B d lC m O n la P
sad aY n iR B C " ° LE R '
deiph jan An*,
AD`LIQUORRFor Sale by WETII
glum k.,DROTHER' t *id 49 NORTH BR
Corm titrpo..
. l6lO
ilming
••■•• toll Tar • 200 40 Wilnagton Tar; 260 MIL Pito tt
, inetore, and for ewe by #OwL,E,y, ABRBugpEn &
Ct)..-Norlo Pi. Wharves. jai
OD#ESti,,--40011t15, - ,,t stra
Band Bank
`E o4 ,teq l l'n l6 " . " 6n4 . 4
114 nrurn; WhitxB.
IMM
Aid 44,405RDL-BECOND
. • ._ un,lo
51 , oiL 1' t t LASB on htind
" 1111. 1447147,0 VIA tanYtttif
'•• _ -
.. .:
.;•.-:,:-' ',;;J . ..... ''.
N . : 4 ,: 1 / 4 1 k i
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..:•,:-?!;',•!...• " 4* -0 .
.. _
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. .. " * --F4: (C.: :-.;• - '07.. ' ''.17"...- ' • ri-- - 14 - .
2-; -: i: -. .i .' . ~-k•t - , • ~- !ft. ! . ,- . ,16.• 4 - ...• • ,-, .1.,.... , • ,tr A.
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-----....,_,.......Q.:, . . . ______ .....z.:„....
. „
' .
VOL. 3.-NO. 149.
RETAIL DRY GOODS.
LADIES' FANCY FURS.
GEO. F. WOWRATH.
• NOB. 411 AND 417 ANON STREDT,
RAO NOW OPEN IEB yaw,
UHOIOE ASSORTMENT OF FURS,
Made of stook minded hi himself in Ems* during the
peat Spring. • ool3•dm
FURNISHING DRY GOODS.
IigARPLEFte BROTIIVRB have replenished
their t ook offitapla Oooda of Weir narn importation.
aaley and Inett Linen Etieetinfa.
nab. Pillow and Bolster Liens. •
hiding Linens from beet Bleaoherlea.
iteen.Damask and Damask Clothe.
amask Naparne and D'Qi Bea.
oekabnek. Ruesta and Dataek Towels ,
Colored Bordered Demaak.TOWSla•
t
Ituatit_Oraah and American Linens.
eas. Wonted klamaake, Ratan Lame.
nos Curtains, a mbroulered Muslim
- ignred Latrine,. Moreau, Dimwit&
Ith Utile and Piano Co' ere.
ff, 'lt t :ue mid Green Bhadoliollandi.
nails and American tine Blankets.
amities Quilts of ovary quality. _ .
s.
Muslim, Bheetiniza, Flaonele and slargnsi.
/IV WI and 803 OH btanl in: s treet,
BARGAINS FOR SIX WEEKS.
TnoRN - Lzy h WHIM N. E. corm' VIGRTH
and SPRING yRD.k.N, would ritapaatfinly inform tna
Q subli marl that fir now (January 11,1860,) until
o ob OADriaaßtO,Bl3B OF PROMS!
Thar iira an,pazaetito;:qt of
7OurfrnaegiiTg . :
ng fah and Amerman Vian!ipts.
Belt shirting end Sheeting Mailing.
,ilnens of our own itaportet. lon.
.lannele. Clothe casemate*.
11 4 e VoutaSet O ks F`tiZtV 4 dlLlos.
rest make pf Meek oil u. _
Mortnsumg; De ',Mugu, groom Poplin Made, ito.
Many of the above_geods will be gold
• MUCH UNDER COST PktIOS I
N.B.—lt will pay to Rive in a call.
J'OSTERY WM. IMF
MANN, No. 0 jfAirth 'EIGHTH Street , has now
open his'Pall Block of NosieryGoods. viz Undervests
and Drawer/ of Cartwright and namer'smmeriormapu
feature, for, ladies' and misses wear. -Merin_o_ Binds
Cotton
Drawers, for eau and yonths 4? Merino Hosiery,
Cotton Boineri. Woollen Hosiery. loves and Cravat-
Ira, and , goods generally appertain pg to the 'Boater,'
manes& W. N. respeothilly solicits the attention of
amities to is stock, auming them that big stook Is Ml
exoelled for variety by any other in he othand that
hies prices are as lOW WI those of any other regular hones.
N. B.—No abatement made from the prices named.
' sll-wfmtt
4-4 WAA ,
LSIITTA lIIRTINGS, SOFT
FINIBH,Jost opened.
44 Maron..mile dinning!! at 0% aeons.
4 dhirtion•pad Frating Lisieux.
g pod 4:4 Undrinkable Martel&
Nailer dp nor Infanta' fr.
Larva Stook of Paris Eminaidaries, v °heap, viz:
Gstts Collars and +Weave", Collars, Embro dared Linen
Cambria anddkerchiefs, &e.
Ladies And Uenta' Linen Cambria Ilandkeroblefs, in
: gr enla IT lN.Randkorottiefs,l3la.ok Cravat', awl Neck
tleg.
wItIB 9001)8_1n v.dety.'
WINTER STOOK, redueed In plies, of an kinds.
DRESS 000190.
i ett a n t d a gib ir l c ier e kl i tr iL
Moir Cloaking Mite. •
Cloat it. Beady MO,.
,4 Silk velvet, Loh, ezo.
GREAT REDUOrION unajgbiartaitabilst
taking stoo kt•cf .
. .
RLIJE PLAID FLANNELS.
Au , Dlegant Broglie Shawl&
Fine Cloth Clonal.
Woollen Lore Shawl
Iltatty M) and n cent trine,.
aD) and Se ce Wool oboe. worth Si and es.
meat Black Mouevellnee, ad to 0 canha
etent all-wool Plaids.
lif,Stlihi o .EXAS 4
fel ifgrelt itt e l/1.1.' lad V I P*.
' , Almelo nod Cosilmerie, 40 to 4 cent&
estrum very °hear
fed oat Stet-rate Shi..
to end Driwers.
Gloves, The, Bads, &e l ection lots.
CS uotfAR.P.
TH sod MARKET
N. B.—LIGFN GOODS, a large and &grills atook'd
eve deaoripSon. OD
rfIHORNLEY &' CIIISIC
A- Northiisst comer /MIRTH and SPRING GAR
DEN Streets. wonki invite syrnito their stook of
, Mall LINEN DEE ../So.,
Of their own direct Importa on. w ols they can avail
dtintly recommend.
Also. an exolignt stook i
' "%tiquF a itL dintitan Visriota and nannb.
Mot . Ciurnsree, and eat assts.
arseilles ants and Comfortable/v. &a.
Balance' of looks and Brooke and kliankat Elias*
selling at less than cost I
. , Bich Fancy Bilks very cheap.
Best makes of Black Bilk, &o.
AU our 'took will be found drivable. Jae
COMMISSION HOUSES.
FARRELL & MORRIS.
of OREBTNUT NEEL •
-IMPOIVTEREI.-
OommissroN MEN fl HANTS
OLOTES.
OABBIIIIER23I
DOESKINS, AND
aPPINe AND
SUMMER ooeTirroa.
MANTBLETBr
PANTALOON STUFFS,
FROTECINGRAM
85 LETITIA STREET, AND 34 SOUTH
YRQiT STRIMT.
OOTTONADES.
Itaitable Dot both Ok&Wu sod Jobbers, tolatto
11111911181. 00ATINOA AND 0
Binds by Wasbington Mills.
More Uteri for thus desirable roods for Syrinx trade.
0374
FROTHINGHAM
& WELLS.
84 801YBI FRONT,
AND 36 LETITIA EtTRBBT,
Are AGENTS for the sale of Good' blenufaontred by
the Wowing Companies, via t
fiLassiogr i rgt
° LILY 1 , 4141,
tam s 7
&OM R
•
rZa toll.
UMW.
Brown, Bisaatted. and Colored Bheetinge, Rh - tinge,
Issuaread Gnu!,
ROBESON'S BLUE PRINTS,
HAWDeN COW ANY'd
TWEBDB AND COTTONADBB in great variety.
WASHINGTON MILLS
(Formerly Bay State)
Rawls. Piano and Tab'e Covers, Pyinted Pelting*,
FlanneLs._All•Wool and Cotton Warn t he, heavyble
and bine Bellmore, Onsenueres, tutd Trloote. Also. Keg
e.g.. &biota. and Tweed*. ot.stuth.ihn
SHIPLEY, HAZARD, do HUTCHINSON,
NO HE CHESTNUT BT..
OMISSION MERCHANTS
FOR TRH BALE OF
PHILADEL.PI-LIA-MADE
GOODS.
SADDLERS, HARNESS, &o,
LArigY & PHILLIPS,
'SARNESS, HADDLM, AfDJRCHf i ft
Tap False Mauro. at the World 's Fair, old In Lan
do. loin., was awarded to us for the bea t arness !
was roles 1.121tt ,, at the world's! roit,neiditt Clew
York. in IMP. was also awarded to us for the beet Har
p
eo&
"Raving sines then greatly enlarged our menu footman
&Mame, irra r ri N ngiw v Erejneduff i r i trate nubile at
licie:3o6no Ai South t., above &manta,
PH ILA AIL
Themoirt bomplete aasortmorLot prtiolea in our
i t h h lg inegl a s it h ßlat!regingaVßlTl:gitrilly e
ts. Hon? I Coveis n t /Mar and Winter use. Ea.
itl n g d oil.ir o g r ma i nufa.744l . red ' fa the very best style of
workmaughl i iVOn
t f. VWOF H EATHER,
whir& the beet he market can tarnish. .
- Attention is askeddo the following stale 01 Itiloug
Good plaserviceable ramie harness from... 12 t 0,122
caner " 41311 60 to so
Plain double hotness' • I t. ern to 60
Country harness makers can be supplied with hams,
cheaper than they oan manuttiotare them.
ra.U.stuftigna
HOUSE FURNISHING STORE.
•-•••
WILLIAM YARNALL.
No. 1020 CHESTNUT STREET,
(Immediately opposite the Academy of Pine Aria.)
Invites the attention of HOUSEKEEPERS and
oaten; to hie extensive assortment of
USEFUL HOUSEKEEPIN6 1/00DB,
TABLE CUTLERY,
NURSERY FENDERS,
CHAFINQ DISFIEB#
FIRE SCREENS.
PLATE WARMERS,
Jag-tuthett TEA POYS, ka,, Av.
R FJNED SUGAR.-500 bbis. crushed,
oteuae. and finelpulveyiar.d &earful andiallew
yor sale by JAMESo.KAHAaa & CO., Lbar • •
TIA Streint.
HA MS AND SHOULDERS. —2,300
Pieced City-Smoked Hams add Bhouldere. Alao,
SDO Pieces eittra sualtr-odred HAMM, for owe C.
BADLSII CO., ARCH Street, 2d door above Front.
AOKEREL.-485 bbls. N. 1,2, and 3
Mackerel, hi snorted Original_faeltaree, of the
latest ontah. for bble j.y C. C. BADLER at. CO., AR 4 :B
street. ddaaraboveFront. Jett
BURNING FLUID. ALCOID )L, AND
PILAF 0T1,.1n bar la add half barrals. iraanufao-.
torpid d for lullaby ROWI,EY, ABHBURN & CO.,
hla,lll Wha t;aa, • • • /an
retailtog Charleston Rice •
for sal. by JAMEO ORAJLAM & 00., LET/54
1144,
DRY.GOODS JOBBERS.
PRINTED LAWNS.
FAIRCHILD & FANSHAWE,
62 &64 PARK 'LACE,
HAVE NOW, OPEN THEIR USUAL LARGE AND
BEAUTIFUL ASSORTMENT OF
. PRINTED LAWNS,
ON THE 21ST 100, 1400, AND,16.00 CLOTHS.
' OROANDrES and FANCY' 1111.18LINS, end ROBES
In GREAT VAS 'ETV, ell oonfined Styles, from the
best Glasgow Printers. produced with the greatest care,
and to rnloh thej knit', particular attention.
WOVEN DRESS FABRICS,
Oompriming all the Novelties of the Benson
BRILLIANTES, White and Printed.
GINGHAM% New and Chola. Patterns,
and a Large Stook of litiscrellaneoue
BRITISH DRY GOODS,
BRADFORD STUFF GOODS,
Both Staple and Pane?, in great Vanetp.
IRISH LINENS.
' OP VIZ wELL•3YOWN II"WI OF
PATRICK% NICHOLSONS, DUNSEATHS,
And others, comprising every description of
SLAYS, BR:OU38, HOLLAND.% GRASS, SHIRT-
ING, and TABLE LINENS.
AGENTS FOR
J. & P. COATS'
BEST SIX-CORD THREAD,
Of which they have on hand and are oonstantly mealy
hilt every number and assortment, White and Colored.
ALSO,
MARIANO RIIBINACCI AND RIOOIARDI
SEWINGS.
Jari-lit If
JOSHUA L. BAILY.
IMPORTER AND JOEDUR
river AND STAPLE DRY GOODS,
No. 213 31ARKIIT Street,
PIt!LAT ELPIZIA,
Invites attention to a large
AND VERY OOMPLETL AZOORTMENT
LINEN GOODS.
Of bid own importation,
',NOW OPEN.
IRISH TABLE LINENS,
BLOTCH TABLE LINENS,
BARNSLEY TABLE LINENS,
NAPEINS AND D'OYLIES,
BIRDEYE LINENS,
HOOK AND DIAPER TOWELLINOB,
BORDERED TOWIII,
IRISH SHIRTING LINENS,
PILLOW CASE LINENS,
LINEN TABLE CLOTHS,
LINEN CAMBRIC HANDIEBRORP'S,
ko., 440.,
In all ciao!, stylee, And qualities,
PROM •
THE BEST 13LEACEERIES,
•OMPRLIRR
Ose of the oholoeet ltaoi of
LINEN GOODS.
TO BE FOUND IN TB PURIM,
Nor lab it a milt *autos on the
. ". COST Or IMPORTATION.
TO
OAITR . AND PROMPT BM-MONTHS BUYERS
e. 1141
T C. HOWE & CO..
No. 240 MARKET STREET,
PHILADELPHIA,
Offer to tho Jobbing end Clothing Trade
T.SEAORAVE &,00. , 8 GRANITE MILL,
BRADFORD, TAFT, & CO.'S
BLAORKTONE MILL,
ELM-STREET, MILLBURY,
MERRIMACK, htILLPORD I
Ando/moue others of the oholoest and moot desirable
makes of American PLAIN AND FANCY CABBI
MERE& Also, a line of very ohoioe hish.lnetred
BLACK DOESKINS, Colored and Whits CORSET
JEANS, Bleaohed and Erown 81(BBTIN0B, SHIRT
/NOB; and DRILLS.
3. 0. HOWE & CO.
Are also Agitate of tke
MANCHESTER PRINT WORKS,
And offer the Y}l{olll goods grained by We Coln palsy
DE LAINES, CHALMERS, OPERA CLOTHS,
PRINTS, Ao., 40.
Jnd-thstalal
BAT/NB/71
PAPER HANGINGS, &c.
TO CLOSE BUSINESS.
MART, MONTGOMERY, & 00.,
NO. 922 ORESTNIIT STREET,
Will WI out, through this 'tinter and neat ming, their
large stook of
WAFER HANGINGS,
Wasting of every variety oomoted with the huainese,
AT GREATLY REDIIOED PRICES
PINE PRENOR PAPERS AT R PER MINT. BE
LOW CthiT.
Perms wanting their Romeo Papered, san get great
BARGAINS.
lalB-tf
MILLINERY GOODS.
FUR
EVENING PARTIES
BERTHAB,
CAPES, BETS,
SLEEVES, and HUFFS,
In Real Laos; Crepe,
Blond and Imitation,
in great varinttos, of the
NEWEST STYLES,
ALso,
4-4, 6.4, 8.4, 9.4, 10.4 ILLUSION,
TARLATANS, (RAPES, &a.,
Moab below the tonal prices.
WARBURTON'S.
1004 CHESTNUT Street, above Tenth Street,
306 South SECOND Street, below SDruoe.
rat!•tr
CIGARS, TOBACCO, Sm.
ESTABLISHED 1760.
PETER LORILLARD.
SNUFF:JdOIIipzggergeTTURER,
(Formerly 43 Chatham street. New York.)
Wou call the especial attention of Urpoars and
Dnaggista to 41 removal, and also the &Moles of his
Inanulaoture, Pm:
M BROWN Bi I UP?.
t at a
kappa., IVltirenia.
Coarse Rapperi, 1 atetutoohes.
Amen v g r i s t peurp. Copenhagen.
&botch.
Nigh Toastgooroh. Vigrial,„.,,
Dowthte x t co. or .tua root.
Fresh Honey
'MOILING. PINK CUT CitSWlTill. 'MOILING.
NW. Tr P. A. L.. or plain, St. Jag',
Cavendish, or sweet r Spaniel,
Pe,l 2 '. I & 2, mia'd,Sweetthiented Orinoco. canister
Klteroot, Tin Foil Cavendish. Pure Turkish.
wflCtrour of Prioes will be sent on application.
N. B.—Note the now article or FY colt Sootoh IMO',
zh will be found a superior article for dippli2e pur
poses. na-2ni
lIAVANA 011/AICS.—A handsome as
sortment now landing from brigs " Karam ic " 010
'' Alfred Ey'lb" and for sale low by
6t
TETE.
Is2o-10t 130 WALNUT Street.
300 n •,•-• ai l HAVANA CIGARS—Com
Fig so•-••aro, 'prising
licilas de Oro, P irtAgm'
Upmann,
'sows,
Yumin,
of different and queilties,_ now Pundit) ivn store
and for sate by
Ja.lo.lot WALNUT tltreet.
MESS MAOKEREL—A line invoice of
bbla., fah, siTs., Wad l i ts Novbnripoi Inspeo.•
tion. Also, q, small lot or go flak! Argo No, aokerel,
W V " " 4 r" mil 11*n% . iiniWAAßchn.
GUM GUAIACUM—Eltramed; for Bale by
qt WET & BROMR,
aaa 0 norm lilsuunt) ®lfni•
PHILADELPHIA, TUE
INCLUDING
Cijt Vrtoi,
TUESDAY, JANUARY . 24,1110054•4='' 'Z
---
„,
PERSONA', AND POLITIC4A
Ems` It is a remarkable feat that abarly ; :tgb
oandldates for the Vioe Presidenoi in th it: .0..
oratio National Convention at Cincinnati 0. ,a;
1856, have einem paid the debt of nature,:ii '- n
Doyd of Kentucky, .1. o.,Dobbin of North:W.l • Ity
General Quitman of Mississippi, General llus. Of
Texas, Aaron V. Drown of Tennessee, work TO.:
panted as candidates by their respective Stat •
obtained a large support. ahoy are note all' I'
General Gellman got the highest number ig , tie
et
of any candidate on the Bret ballot—more en.
then Mr. Breckinridge ; who finally received e
nomination. lie was nominated by the elm nt
and gifted Harris, of Illinois, who ionise %led.
What changes time makes in four years !- 11' , til
ing Union. ,
SELLING nfe. Bucnetrarr.—The %whin ton
Union, of a late date, contains the following re
mentions ennouneement
"Fnearn ConoitesszovAL DISTILMT.—The o f
Inc,
nc, among other resolutions, were pulsed by t et De
rooteoy of the Fonyth dietnot. IL, on the 10th inst.
I he Standard emu they onnetitute the yenntne faith of
the Democrats. not only of the Fourth Mena. but *-
present the views of the true Democracy of the
and country.
Here follows a resolution endorsing President n•
ohanen's Administration.
Now, when, it is remembered that New Ha . p c ti.•
shire bee bat three members of Congress, and •
sequently that there are but three Congressional
tries in the State, it will bo appreciated how tufdiY•
the Government organ has been sold. Seine yitig
ago a man named Atwood run as a bolting oriddl•
date for Governor, in New Hampshire, and tfor
several days addressed the inhabitants of toots
norose the Canada line. We suppose the Viten
Congressional (Blida of Now Hampshire is gem•
posed of those preeincta in Canada where Atwood
ran for Governor. •We think the individual who
perpetrated this sell upon the President mighttave
been engaged in some better business.—Chfrogo
Times.
'RUMMER i e AMERICA.—Mr. WiMali Smith
O'Brien, in hie recent lecture before a Dablfn an
dime, said that he found the condition of the
Irish people in America more prosperous thin he
expected. He was impressed with the notion/that
they were mere beware of wood and drawers of
water; but be found, on the oontrary;that in every
part of America they occupied as high a social Fe
olden as the men of any other race. Many of the
laboring classes endured poverty, but he was as
mired that, except in rare lusterless, the memos of
every man depended on his own minduot. Ire
land it was impossible for a workingman to voice
himself from the position in which be was,born;
but In America almost every man might hope to
reach the ye, highest °Moe of the Matti.' The
average daily wages for unskilled workmen we•
one dollar, or four shillings per day, so that be
might, if he pleased, save up the rest lead wales
cheap that possession in foe oould be obtained 'of
land at pries, varying from live shillings to ten
pounds per English acre, and many mars who on
landing had nothing bat a whsel-barraii and a
spade were now the possessors of estateljturd this
applied also to Canada. .
tar Judge Black's reply to Senator it;tglas is
now for sale. A list was presentedr - to ieeretary
Cue, with the request that he would sub ribs for
some, but he replied, " No, sir, ne . A... grimy, a
contradiction of my whole political life.' No ' sir,
none for me." Several of the other Cabinet oLft
oars subscribed liberally.—N. Y. Times. • •
lIARPER'fi MAGAZINE AND WDERLT P*OIIORIDID.
—The North Carolirtian, of Faletterilb, North
Carolina, says : ,
Wo notion them periodicals upon our Streets AS
numerous as ever, after it is ascertained that G. W.
Curtis. one of tho editors, is an Infamous Abell.
tlontet, and that one of the 'Torpors has , given a
large rum of money to the Brown oympathlzers.
Should these papers be allowed to circulate so pro
fusely in oar midst? We notioe that his honor
Judge Saunders pat a stop to tho sale of these pa.
pare in Raleigh. We would like to know why are
they not stopped here? Are we to see these Aboli
tion sheets upon our streets without a word of re
buke 7 It lien with the proper Ober' to see im
mediately that those papersure put a stop to. We
would also appeal to the raiders of este papers,
and ask them, is their course coullstellessltzt t h e ir
profamiOns of loyalty to thole homes . ; said tippoe4-
lion to the fanattes of the North'? Ah.l genUemen,
stets speak louder than words."
Gr The Glasgow (By:) Free Pres; rays South
Carolina le now ready to secede from the Union,
provided she can get the other slaveholding Stites
to go out with her. liar publlo men have never,
been loyal to the Union sines the taritrwar of 1832,
and having adopted, as their political faith, the
worst and most dangerous !dem of Air. Calhoun,
and booome denied by the imaginary. glories of a
Sahthern Confederacy, In which they,euppose they
will occupy the highest seats, they have lost all
love for . tho Union, and have become thoroughly
imbued with the most rancorous treason. ForOt
nately for the safety of the country, their influence
and power fill immeasurably short of their wicked
ambition, and they are utterly impotent to a000m•
plish what they so earnestly desire.
rir Among the ourions Inoidents which
character to passing events are the labors, in Con•
neotiont, of un agent of the Richmond Enquire.
He ie there solloiting adrertisomonts for his paper!
If tbo Virginia Idea of " non-intercoureo" is not to
he deemed a humbug. ,hat good will an Advil ,
tisement of hie wares in Richmond do a Connecticut
manufaoturer ?
P. B.—No one disturbed this agent, although the
Enquirer has doolared that the negro slaves of
Virginia were better off and of better ohmmeter
than Northern white laborers.—Albanq Evening'
Journal.
EXTRACT FROM Tun INAUGURAL ADDIF.3B OF
Gnu. BAR EOUNTON, UOVERNOR or TEXAS;
* **
In concluding this Inaugural, lam Irresistibly
led to reflections which I hope will be heard with
no disadvantage to any of my audience. When
Texas united her destiny with that of the Govern•
ment of the United States, she took upon herself
the duties and responsibilities for the faithful per
formance of which wo are pledged as a State. She
entered not into the North, nor into the South, but
Edo the Union. Her connection was not sectional,
but national ; and however distinct and diversified
her interests may be, as compared with those of
other States, she relies upon the same Constitution
its they to secure her in the enjoyment of her
rights. Making that Constitution the guiding/gar
of our career as a State, let our rivalry be to
approximate more closely to it than any of our
sister States. It inculcates faithfulness to the
Union; let us be faithful to it. Let ue, in our
relations with the General Government and with
the States of the Confedbracy, allow none to ex•
eel us in our desire to promote penes and harmony.
When our rights are aggressed upon, let ne be be
hind none in repelling the attack ; but let us be
careful to distinguish between the acts of sndi•
vuivali and those of a people—between the wild
ravings of fanatics and that public serittrrient
which truly represents the masses of a State. it
is in the diversity of opinion that Democracy may
rest securely. The right to think adversely to to
is a guaranty of American republicanism, and
though this privilege may often be oarriod to ex•
tremes, and to our detriment, yet the very safety
of otir institutions depends upon our maintain
sue it as a republican pritteiple. When thought
becomes treason, the traitor is as much the enemy
of one seotion ea the other. Its overt acts we must
repel. Its expression by those inimical to our in
stitutions, where they do not exist, need affect us
nothing. The alarm at their endearing is need
less, and but strengthens them. The eternal
din Which has been echoed to their song of host,lll
- to the South is music to their ears. Their
and am thus sarrayt p o ronto te
strife fe a n
t n I ee l ' t
fur o. n t h eirWe
a o l u d i e d
meet their clamor with the contempt of a potpie
who fear no invasion of their rights, and instead of
feeding the flame ofiliscord, which a few in both see
bona have kindled, lend our endeavor toward
quenehing it altogether. How happy would have
been the result if the attention of stateemen, North
and Fouth, had been as much directed towards pro
moting harmony between the States, andlaementing
those fraternal bonds which can 'alone hold up to
getberas a people, as toward promoting the strife of
N otions and the antagonisms which are fast dividing
us. Half the care, half Mc thought which has
base spent in the endeavor to meet sectionalism by
sectionalism, bitterness by bitterness, and Aboli
tionism by disunion, would have made this people
to-day a happy, united, and hopeful nation.
8121011LAR FrLFILIIENT or A DREAM.—Tbo Eng
lish papers report the proceedings of en inquest
held at Sheffield, on tbo body of Mr. Charles
Holmes, button manufacturer, Clough House Lane.
who had been found drowned In the Lead Mill
Dams, in that town. Deceased left - his home on
Saturday night, in company with his wife. They
walked through the towil together, and, about nine
o'clock, he said to her, " I'm going to leave thee
here, Fanny." She said, " Aro you 7" and he re
plied, " Yee, want to see an old friend who is
going to Birmingham on Monday, and he le to be
here." She said to him, Well, Charlie, don't
stop long, because I do feel queer about that
dream ; ' and he replied. " Oh, don't say that ; I'll
pat have a glass, and then come home. Go and
get the supper ready, and I'll come directly."
She then loft him.
When he got into the house, he was Invited to
drink with his friend, but he exhibited some re
luctance, saying that on the night before his wife
had dreamed that she caw him dead In a publio
house, and that she bud dreamed a similar dream
about a week before. Unfortunately, however, he
yielded to the temptation, got drunk, and did not
hiave the publio house till after twelve. Ile was
aesompanted part of the way home by his friend,
and woe never afterwards soon alive. Near his
house are the Lend Mill Dams, and, In consequence
of his not returning home, hie wife felt convinced
that he had fallen in and got drowned. A search
was made, and on Monday morning his body was
found in the seater.
mg COMMERCIAL PROSCRIPTIONS.—The Oharleaton
Mereury denounces the merchants of that city who
maintain business relations with Clafiln, Mellen,
Co , of New York, because, it says, the partners in
that firm all attend the Rev. Henry Warnieeehor4
ohuroh It moreover threatens to publish
names of the (finders.
PROPOSED CONFERENCE or SOUTHERN STATER,-;
The Baton Rouge Gazette says that reFolutions ari
to be presented to the Legislature of Louisiana
proposing a Conference of Fou.) ,, rn R..tp.;” role•
Bun to commercial nott•lntctt CMOS mitts the Iltatts
of Ike North,
AY, JANUARY 24, 1860.
' THE COURTS.
YESTARDAY'II pnomatwas
Reported fat Tho Pres& I
SUPREMS COVRT—:IN BANC-L-Chief Justice
Lowelo, and Jusdoes iVcodward, Thompson, and
Road.
, Non res. were entered In each of the following
eases: Mulvaney's appeal. Jones vs. Conrad Ye
therolf.
Meßurney's appeal. Appeal quashed.
. 'Wolf vit. Payne. Argued by G Lear for plain
tiff in error, and by 0. B. Du Bois for defendant.
Taylor ye. Borough of Doylestown. Argued by
G.E. Da Bole for plaintiff in error, and by T. RM.
Funell re. Miehener. Argued by 0 E. Du Bole
for plaintiff, and by George Lear for defendant.
• Dyer vs. Kitchen. Argued by C. IL Du,Bola for
plaintiff In' error, and by George Lear for defen
dant.
•
NISI Putue--Jnetico Strong.—There will
be no trials In this court until February 6th.
White vs. Welsh. Before reported. Meredith,
DOM, and Sorrell, for plaintiff; George M. Whar
ton, John Pallor', and Gerhard, for defendant.
The charge of the learned Judge, which is below,
contains so fall a history of the ease that wo re
frain from publishing another report of it.
GENTLEMEN : This le an notion of trover brought
by White, Stevens, 3:•• Company, for the nee of their
assignee, Imes S. Waterman ' against the firm of
Bemuel and William Welsh, to recover damages fur
an alleged wrongful conversion of 295 hogsheads,
*3 tierces, end five barrels of Cuba sugar, oontain
ing In all 454,378 pounds.
;The case is important, not only on 'mount of the
• .uit.ln controversy between the parties, but
also on account of the principles involved in it, and
which must govern Its determination. What thetas
principles are it Is my duty to explain to you, and
ea jet you, so far as f can, in applying them to the
.feets which are in evidence.
Tin order to enable the plaintiffs to maintain their
station, it in neeessary for you to find that three
thine have been proved
let. That the plaintiffs were the owners of the
anger—that Is, that the property in the engar was
V. That the plaintiffs had a right to the posses.
elan of the property when the alleged conversion
took place.
3d. Tug the defendants convertal the property
to their own nee.
Each of these things is essential to the mainte-
Datlee of the action, and to each Po far as may be
11fteessry I will direct your attention, as well as
to the evidence which bears upon it, and by which
the fact is attempted to bo proved. Before doing
10, however, it may be well, perhaps, to call your
Attention to the history of the ease.
It appeara, from the evidence. that on the let of
April, 1857, Meseta. Abell, and Leblanc chartered
a vessel named D. G. Wilson. for a voyage from
Baltimore to Cienfuegos, to bring a onrgn back to
Baltimore, or Philadelphia. nr New York. or Bos
ton. On the 10th of June, 1857, a cargo of sugar
was shipped on this vessel, at Clenfuesca.oonsigned
to the firm of Samuel to William Welsh, commis
lien merchents, in this city. Th e y a pp ear t o have
been the same sugars which the plaintiffs claim
subsequently became theirs. The cargo arrived
safely in Philadelphia, passed through the oustom
house. was weighed, and the weight marked upon
.gash hogshead, tierce, and barrel. For some pur
pose—it is not material what—the casks were also
marked. before their shipment, with certain marks.
by which thev could be identified as "Conception,"
•t Sabina," Au. After they had been weighed by
the custom-honae offiners they were housed in the
stow of the defendants, a port in one store and a
part in others. The testimony of Morris fleehoart.
the defendants' porter, Booms to show that some of
the brands or retake were placed by themselves in
nue room, end in ono or more pf the stored the
brands were mixed.
Thus they same fully and actually into the pos
'elolol2 of the defendant'.
. . . • • •
The defendute thus having received end shred
the property, sold to Garret and Martin ten hogs
heads, and to Brook, Emery, & Co., ten hors
heads, and on the 11th of July, 1857. Messrs. Field
& Keemle. merchandise brokers, acting under the
orders of the defendante, contracted to sell the en
tire cello (295 hogsheads, 39 tierces, 5 barrels) to
the pleintiffs,- at the onstom.house weight, at the
rate of ten 'cents pie pound, one per cent. off, the
puchalers to have four months credit from July
15th, and have .the remainder of the month's sto
rage and insdranee ; that is, they would be
allowed to leave the angers remain in the stores of
the defendants without charge. until August 9th,
the expiration of the month from the day when
they were taken into the stores, and they were alto
to have the benefit of the insurance which covered
them during that month. They were also to have
the benefit of the sales which the defendants had
made of the twenty hogsheads to Garret d Martin,
and to Brock, Emery, & Co., which had been made
at a higher price.
This transaction took place, not at the store of
the defendants where the sugars were, but at the
plams;of )mainess.,.of the merobandise brokers, and
the eel* wee made by sample.
A note Of thattale, what hulled a bought note,
&scribing it and its terms, was rent to the defend
ante and entered upon their hooks, and on the
same day, THI7 11th, a bill of parcels wu made
out by them for White, Stevens. & Co , In which
they ere charged with all the sugar, amounting to
454,37E4 pounds, and credited with the ono percent.
,discount, and with the proceeds of the sales to
Garret & Martin and Brook, Emery, & Co., as eti.
pnlated In the contreot of sale, and showing the
balance doe to be $41.831.39
On the 29th day of July, 1967, the plaintiffs gave
fe the defendants their nine prominway notes for
the 'minibus° money, dating them so that they
might fell duo at an average time of four months,
from July 16, according to the terms of tho con
tract of sale. For those notes the defendants gave
their receipt, Mating therein that when paid they
would be in full for the bill which had boost ren
dered en the I lthof the same month. At the same
time, Mr. White, ono of the plaintiffs, alike] that
the sugars might be insured under the defendants'
policies, after the expiration of the month then
current, and, in compliance with his request, the
insurances then effected were suffered to remain
without reduction.
The sugars still continued in the gtorec of the
defendants. Those sold to Carrot Martin, and
Brook, Emery, & Co., wore however, delivered,
and under order from Field and Keemle, who be.
came the brokers of the plaintiffs; after the tale
to them, forty•two hogsheads and two tiorme were
delivered, August Id and August 28, to White,
Stevens, & Co., who bought from the plaintiffs. Un
der the same ordere, on the 7th of September.
twenty hogsheads end eleven tierces were deliver.
*4 to Andrews & Morris, who were acting for
White, Stevens, A; Co.
With these exceptions, all the sugars remained
in the stores of the Meseta. Welsh, and were not
ectuelly token away until between the 14th and
23a of November, 1857, when the defendants sold
and delivered all the remainder to Mr. Newhall,
at the price of coven cents per pound.
Let me turn your attention new to the first of
the three facts which I have alrealy said are no•
°misery to he proved in order to enable the plain•
tiffs to maintain this action. Is it proved that the
property, the ownership of the sugars. become
treated in White, Stevens, & Co. You will observe
that at the time when the plaintiffs gave their pro
missory notes, and the defendants received them,
if not before, the letters had dime all that the eon
tenet of sale required them to do in order to per
fect it. Nothing remained to be done to ascertain
the quantity, the quality, or the price of the
goods, or to designate the subject matter, the pale,
Or the particular articles sold If the sale had
been of a part of a larger quantity, as, for exam.
ale fifty hogsheads opt or buedred, or two hnn•
dred end ninety•eve hogsheads, without describing
chat particular hogsheads, or anything had re.
attained to be dmie to ascertain either the quantity
or the price, the sale would have renmined incom•
plate, and the ownership of the goods would not
have passed to the buyers. But the price and
quantity had boon ascertained. The sugars had
c-en welchel and the agreement aro to take them
at that weight. The price had boon defined, and
votes. were ,oven and received or the amount.
Nor was it a sale of part of a lot of goods. There
was no uneerteintr respecting the precise thing
bought and sold. The partioular goods were spe•
elfied. They were the cargo of the D. 0. Wilson,
end the hogsheads, tierces. and barrels T. re mark
td. and Identified in the contract by those marks.
The law 10, that when i bargain io struck, the
terms of sale agreed upon, the property npeoified,
end everything which the seller has to ao with the
kends is complete, the contract deals, becomes ab
solute without delivery, and the property veata in
the buyer.
I am of opinion, therefore, gentlemen, that the
title to the property passed to White, etevens, ti
Compiny, under the oontraot of sale proved, and
that delivery was not noonsesry to complete their
ownership.
But it is not only necessary for the plaintiffs to
mink° out that they became the owners of the goods
by the contract of sale, but it must also be proved
that they had a right to the possession at the time
'when the alleged conversion took place.
Ordinarily, the ownership of personal property
.carries with it the right of possession ; but it is not
always so. Familiar illustrations of this abound.
Thus, a man may rent his household furniture to
another; he in still the owner; but his tenant has
the right of possession, even against him. tto, if a
man leaves his carriage with a carriage maker to
be repaired, and the work lo done, the oarriage
maker liana right to hold posoestsien until he lo peid
for his work.
So, Ifgoode are sold fermi', or sold, and nothing
is said as to the time of delivery or payment, it Is
a cash sale, If the goods aro specified, the Tian-
Lay end price fired the title pence, the buyer
becomes the owner ; be has the right of property.
If they are cc nsumed by Are it is hie loss, but he
has no right to the pouted in. Ho cannot take the
goods until he pays the prlie.
But if goods are sold en credit, and nothing is
agreed upon as to the time of obtaining possession,
the buyer is generally entitled to immediate re.
session. Then he has in most tutees both the right
of property, and the right of possession. Yet his
right to the possession Is not indefensible. If he
becomes insolvent before he obtains possession his
right to It is gone. The seller may then refuse to
deliver to him the goods, and may hold on to them
until the price is paid, until the whole debt is paid.
I repeat, gentlemen—for this is an Important prin
ciple, and has a material bearing upon this part of
the ease—if goods are sold on oredtt, but the pur
ohnser suffer them to remain in possession of the
seller until the term of credit tine expired,
or until the purchaser becomes insolvent,
the seller's right to hold possession revives, and
the buyer cannot claim to take thogooda from
him without first paying the price. This right of
the seller grows out of his former ownership, and is
allowed by law on account of Be obvious Justice.
When a buyer becomes insolvent before obtaining
poreession of property purchased, it is manifestly
inequitable that the seller's goods should be ap
plied to * tlie payment of the general creditors of the
purobeser, and the seller be left unpaid. Accord
ingly whi le the possession remeine with the Feller,
he is not bound to give the goods up after the buyer
has failed. Title right of the seller Is en favored by
the law that even if be has parted with the poesee
'ion, and dollvered the goods to a carrier to be
tronamitted to the buyer, he may still stop them
on their way and resume possession, if the buyer
biOomo Insolvent before they reach their plane of
destination. There is at least awl moon for al-
lowing him to hold on to the goods when he has
never parted with their custody, or with the con•
trol over them. Yet if the geode have been de
livoi
ed, if the seller had parted pith the possession,
and the buyer has obtained it, and then become in
solvent, there Is no right In the seller to take back
the possession.
Even if they subsequently come batik to his
custody, and under hid control, his right to retain
them is gone. There bee boon an interruption of
his possession, which Is fatal to his claim to hold
the goods as security, merely on amour. t of the in-
solvency of the Tit:nehmen
And, gentlemen, I hold, and so instruct you.
that these principles are applicable to the present
ease. The defendants were factors, and reoeived,
these sugars to sell on commission. They paid the
freight, the duties, drayage, cooperage, and other
expenses, and charged to their consignors storage,
insurance, and expenses generally, us well as per
centago for guaranty. In answer to the drafts of
the consignors they remitted the net price of the
goods, and when the plaintiffs became insolvent,
they had paid, as the account current given in
evidence showa, more than the entire value of the
cargo of the 1) G. Wilson. Without entering into
the reasons why I think so, I give to you ee the
law that, having sold the sugars on the 11th of
July, and taken the notes of White, Stevens,
Co., payable in four months, when the purchasers
became insolvent, on the 30th of September, these
defendants had a right to retain all the goods
which had not been delivered until they received
the price unpaid.
It therefore becomes very important to inquire
whether there was mob a delivery of those etagere
whiob remained in the defendants' elves, as is
euMelent to defeat their right to hold them, after
White, Remy, .14 Co. became insolvent. That the
headlands were net removed until after the 30th of
September, is not denied; but there might have
been a delivery without a removal—a sufficient
delivery to put an end to all right of the sellers
to retain them; and the principal contest In this
mum has been whether any of the facts proved
would, in law, warrant you in coming to the oon
elusion that /inch a delivery took place.
In determining this, it is not necessary to define
sharply What delivery fe. Generally it may be
said to be a banding over of the possession—a
parting with it by the.seller, and a taking it by
the buyer. It is pot a handing over of the title or
ownership, but of the present enjoyment. It to
the giving up the entrel of the goods, which
takes away the right of the vendor to retain after
the Tandem becomes insolvent.
There is evidence that aftei the sale was made
to the plaintiffs, and, after they had given their
notes, portions of the sugars were Wren away
from the defendants' stores with their concoct,
under orders drawn by Field k Keemie, and pro.
bably at the instance of White, Stevens k Co.
Andrews and Morris obtained some, and White,
Hart it Co. others. These removals were made
on the 28th and 28th August. and on the ith of
November. After the plaintiffs had given their
notes, undoubtedly the hogsheads and tierces
thus taken away were delivered, and were no
longer liable to be retained by the defendants,
even if they had again come into their possession. But did the removal of these lots, with the consent
of the defendants, constitute an absolute delivery
of those which were not taken away, but which
remained in the gores until ANr the failure of
White, Stevens Si Co. ? F..r the contest here is in
regard to the remaining sugars. The rule of law
is, that a delivery of the whole only when the de.
livery of molt portion in in the name 'of the place'
of the whole and is intended to be a delivery of
the whole. There the removal of the portions of
these sugars which were taken from the ware.
house of the defendants, by the directions of Field
Keemle, and at the Instants of the plaintiffs
after the sale to them, was not of itself more than
a delivery of the particular goods taken away.
It did not necessarily disturb the posseesion of the
Boilers as to those not removed.
Generelly, whether a thing sold wee delivered
or not, is a question of fact for the jury to deter
mine but they mast determine it according to
the evidence, and acoording to the law. Yen
would not be at liberty to find that an unmerited
intention to surrender the possession of the sugars
was delivery—and if there be no legal evidence of
a delivery, none one be presumed. Then is there
nothing for the jury to pass upon.
Tho evidence which in this once has been sub
mitted, and relied upon to prove such a delivery es
takes away the legal right of the vendors to retain
the sugar, Is that which la supposed to arise from
the °entree! itself—from the words of the policies
of ineuranco—front the removal of part of the
cargo on the orders of Field & Kvemle, In favor of
purchasers of those parts from White, Stevens, &
Co, and from the taking of sareplea. I propose to
call your attention to each of these, and inquire
whether in law any one, or all combined, furnishes
any evidence that the sugars remaining in the
etoros had Leen delivered, before the 30th of Sep
tember, 1857—50 delivered as to interrupt the de
fendants' possession, and to destroy their right to
retain.
It is contended that the prevision is the contract
of sale, ~ remainder of month's 'Mirage, and fire
humility., to buyer," made the Mans. Welsh the
warehousemen of the plaintiffs, and, therefore.
passed the possession to the plaintiff/. There is
no evidence of any express arreagement be
tween the parties respecting storage other than
that contained in the bought note. None what
ever that they wore or were not to pay
storage after the expiration of the first
month. It may be presumed that the Messrs
Welsh would have charged it If the sugars had
been taken away after the month, but there was
no express contract to that effect If there bed
been, and the agreement had gone further, and
provided that after the first month the Welshes
should hold the goods as the warehousemen of the
plaintiffs, then the possession of the Welshes under
such an Rio cement would have beep the posaession
of the plaintiffs, and there would have been evi
dence, of delivery. But there is no snob proof.
and the question, therefore, Is, what was the effect
of the provision in the 'contract as proved upon
the goods In the store It merely relieved
the buyers from paying dosage up to August 9th,
Or, if it be considered that the storage wee a part
of the consideration of their purchase, and that
they paid storage during the first month, It makes
no difference in my judgment. If it was a charge
of Wrap. thca it was for a time oemmencing be
fore the plaintiffs had any right to the delivery of
the geode, for their notes were not given until July
29th. It woe, consequently, 'no acknowledgment
of delivery. But apart from this, the rule of law
le that a mere charge of storage, even if it Is paid,
le no evidence that goods sold on credit, and re
maining In the store of a vendor, have been de
livered, so as to defeat his right to retain them if
the vendor become insolvent.
I instruct you, therefore, gentlemen that there
is nothing in Loy contract which has been proved
in this ease to pay storage, or in the charge of
storey, that tends to prove delivery, or that inter,
fares with the right of Messrs. Welsh to hold on to
the goods sold after the 30th September.
Nor do I discover anything in the policies of !n
-eurones which have been given in evidence, which
would justify you in finding that there bad been
any delivery of the elegant in the stores. Sir have
been given in evidence, Five of them were taken
out before the month of July, 1857. No words in
them, therefore, could be evidence that a delivery
bail been made under a contract rot in existence
when they wore written. The sixth wee taken out
in July, but it does not refer in terms to these
goads, and it was written before White, Stevens
Co. were entitled to any possession of the sugars
before they had given their notes.
Next, what h the legal °Vet of the delivery of
ho parcels sold by White, Hart A: Co.?
Taking samples under such circumstance!, has
been held to be evidence, from whioh a jury might
infer delivery. But the circumstances in this case
are widely different. There is no proof that Field
Keemle were authorized to receive delivery.
They wore the merchandise brokers of the plain
tiffs, their agents to make contracts of sale, 'and
then draw orders for the delivery to the purchas
ers. Their taking samples under these circum
stances is no evidence of a delivery of the goods
to White Stevens ct Co., under the entreat of
sale to them.
I do not deem it neoessmy to call your attention
to the proof which has been submitted to show
that posseseion never woo delivered, such as the -
tention of the keys of the steretio,s.e, i.oe custody.
over them matuimued by the defendants' porters
su ais an uncontroverted fact, that the sugar
remained undisturbed In the defendants' stores'
and under the defendants' looks and keys, until
after the insolvency of the plaintiffs. At any time
before the plaintiffs might have removed them, and
the defendants could not have prevented it But
when White, Stevens, & Co. failed, the rignts of the
parties became different. Then, it the sugars hail
not been delivered before, If the plaintiffs had not
taken possession, they no longer bad a right to the
nommen until they paid the price, and the do.
fendants could lawfully hold on to the goods.
Tho burden of proof, thou, 113 upon the plaintiffs.
Mallow that they had taken possession before the
30th of September, when they failed.
After a careful' examination of the evidence,
gentlemen, lam unable to see that such proof has
been given, or that there is any evidence from
which it ean he inferred.
The plaintiffs then have failed in making out the
second fact, or take away their right to hold on to
them until the price was paid. To give to the de
livery of the portion taken away ouch an effect—
to snake It a delivery of the whole, it is necessary
that it should have been proved that they were
delivered In the name of the whole, and with the
intention that in giving up the possession of those
hogeheads they were giving up the possession of
the whole. bier did they by &lag up a part to
the purchasers of White, Stevens A. Co. become a
delivery of the remainder, because Messre. Sensual
& William Welsh did not STOIC or express an in
tention to retain the reef. Bad the plaintiffs,
after the sale to theta, or had their agents,
sent an order to the defendants for the
delivery of the whole cargo bought, or
at all which remained undelivered, and had a per.
lion of the goods been delivered under that order,
a very different question would have been present
ed. There the delivery of the portion would have
been in the name of the whole. But the orders
have been entirely different. They were not or
ders for the whole. They were orders for portions.
The deliveries name upon the orders, nod wore
therefore deliveries of portions. In r , “ ii n case Mel
law does not presume that the delivery of such
portion is a delivery of the whole. You would net,
therefore, be warranted by the facto that White,
Stevens, k Company cold parcels of these augers to
White, Hart, tk Company, and to Andrews and
Morris, and that these purchasers removed the par
cels sold to them from the defendants' warelloure,
before the insolvency of the plaintiffs. I any that
you would not be warranted in finding that the
remainder of the engem not removed were deliver
ed, eo 113 to bar the defendants' right to retain them
until the price wan paid.
It is next contended on the part of the plaintiffs
that the delivery of samples. furnished to Field &
Reemle, by which they made the sale to the Plain
tiffs on the I lth of July 1557, constituted delivery
of the whole lot purchased, Ide not think an,
Even if the eamplea which Field & Reemie first had
were at the sale placed in the possession of White,
Stevens, it Co., it was not for the purpose of deli
very. Field it Keemle were mere merchandise
brokers. Their rower wee to make the contract
'of sale for their prinelpale. They had no power to
deliver the goods. And besides,. at that time, the
plaintiffs were not entitled to have delivery made.
They bad bought on credit, ana l by the terms of
TWO CENTS.
8 ic. as evidetee l in the bill of parcels delivered
t t them, they were •to give their notes, at four
teo-. 1, t, before tbse would be entitled to the Pos
session. These dohs wars not siren until the 29th
et o o.y. Until day, therefore, they had no
right to the possession. The samples, if they ob-
Weed them at all, were obtained on the 11th of
the month, eighteen days previous. They could,
therefore, neither have given nor received with the
intention pf delivering the goods bought.
Again, It is contended that the reeampling of the
goods by the sampler of Field k Keemle, when they
were acting as brokers of White, Stevens, at Com
pany with the knowledge and consent of tho de
fendants, constitutes a delivery. and that the de.
fondants aro stopped from denying it. This pro
position amumes that the set of reeampling by the
agents of the plaintiffs, with the knowledge and
consent of the defendante, has been proved. The
only evidence on this subject is to be found in the
testimony of Samuel Field. He testifies: "We
had occasion to send samples of these sugars to New
York in September for White, Stevens, k Com
pany ; I don't say whether they were fresh samples.
but my impression is that they were fresh; our
sampler, I presume, took them; I can't ear; I have
no knowledge upon the subject." Having no per-
Banal knowledge upon the subject, of course his tes
timonyc sunk prove that fresh samples were taken.
But even if they were, no delivery orders bad been
given ' as had been for all the casks actually de
livered and removed. And It Joao not appear-that
they were taken by plamtiffe orders; nor is there
anything to show that the act waa intended to be a
taking of the .possession. Had the samples been
taken by White, Stevens, dc CO. after they gave
their notes for the purchase money, or by any one
authorized by them to receive delivery, a different
question would have arisen, which, as I have told
you, is necessary in order - to enable them to main
tain this action. I mean that they have not proved
that they had a right of peaseseion at the time
when the commission is alleged to have taken
place.
I am asked, however, to instruct you that the
defendants could not exercise the right of sellers
to retain the goods sold to White, Stevens, & Co.,
for time prior, without laving the promissory notes
received in settlement for the same ready to re
turn to the makers from the time of their in
solvency. I decline so Instructing yon. The in
solvency of the buyer and the retention of the
goods are not a decision of the contract of sale.
Nor does the fact that the defendants parted with
some of the notes of the buyers, without recourse
to themselves, stand at all In the way of their ex
ercising their right to retain the sugars until all
the notes which they still held are paid. The ven
does, after their insolvency, were not entitled to
the possession until they paid the whole price.
Nor, gentlemen, is there anything in the ease to
prove that the defendants did anything after the
plaintiffs became insolvent, either to estop them
selves from asserting their right to retain or to
waive any right which they then had. Neither
the silence of Mr. John Welsh at the first meeting
of the creditors, nor the action of Mr. William
Welsh upon the committee, nor their letter of the
2d of November, 19,57, claiming to hold the goods
as security, nor their subsequent sale of the sugars
to Mr. Newhall can he construed as a waiver or
estoppel, and there is no evidence of a waiver or
estoppel.
It follows that we have nothing to do with the
sale of the engars to Newhall on the 14th of No.
vember. If the defendants then transcended their
rights, it may be determined In another action, it
any ono hoe been injured. The only question,
which is material now is whether they had a right'
to retain the possession of the sugars which re
mained in the stores after the plaintiffs became in.
solvent, end lam of opinion that they had ; conse
quently, that the plaintiffs had no longer a right to
the possession.
This view of the case, which Ifeel boned to take;
renders it unnecessary for me to direct your atten
tion to the proof of oonverston which has beeti
given. Were it necessary to pass upon that. there
h evidence of a conversion before the plaintiffs' as
irgnment to Waterman, in regard to which you
would probably have but little dillioulty. Bat no
o3nversion is alleged to have been made before the
plaintiffs became insolvent, and after that time
they had no right to the possession.
Under the law, then, gentlemen, your verdict
must go for the defendants.
The Jury, after deliberation, rendered a verdict
for the defendants.
The court-room waecrowded during the delivery
of the charge. the legal profession being well re
presented, and the large mercantile interests con
tributing thc:r quota of weight and influence.
SUPREME Connr—Chief Juefice Lowrie,
Justices Woodward,Thompson, and Read.—Taylor
vs. Borough of Doylestown. Argued by 0. R. Du
Bole and George Lear. Ems., for plaintiff in error,
and by T. Ross, Req., for defendant In error.
Wolf ye. Payne. Argued by George Lear, Esq.,
for pleintiE in error, and by C. B. Du Bois, Esq.,
for defendant in error.
Connell vs. Matthews. Argued by C. B Du Bois
for plaintiff', and George Lear. EN., for defendant.
Dyer vs. Stieher. Argued by C. E. Du Bois,
Esq., for plaintiff, and George Leer, Esq., for de
fendant.
DISTRICT Couwv—.Judgo Sharswood.--.Tobri
B. Benton and Thomas G. Benton, trading, 1 - 2.,
va. John P. Norcross and John A. Sheet:, trading,
ie. An action on a foreign attachment. On trial.
DISTRICT COURT—Judge Stroud.--JohnFoi
vs. Crosby P. Morton, John Harris, and John G.
Stewart, trading, Au. An action on a book ad.
oonnt for work Rod labor done. On trial.
. . .
Cu3nrou PLEAS—Judge Ludlow.—Appoini
ment—Yestorday morning, the Court of Common
Please ppointed Alexander Cummings, Esq., reve
nue commissioner for 18G0, under the provision of
the sot of Assembly of April, 1844.
Illeeehe vs. The City. An action for rioting
sheriff's proolamatlon. Verdict for plaintiff for
$.357 18.
Morris oa. Beard. An action of ejectment. Ver
dict fAr platutid for $2OO.
Clement ye. Hart. An notion on a duo bill. Ver
dint for plaintiff $2O 50.
Smith vi. Barbier. An action on a moohanio's
claim. On trial.
TRIAL OP 111)GIICASSIDAY FOR THE
•
. •
MURDER OF JOHN MOORE.
COURT Or OTER AND TEawneEn—Judges Al
lison and Thompson.—At ten o'clock yesterday
morning, Hugh Cassidy was put on his trial,
charged with the murder of John Moore on the
13th of November lost, at the hotel of Mr. James
Bird, Sixth street, below Market. The evidevee
subjoined explains the occurrence, as it was narra
ted to the Jury in the opening speech of Mr. Mann.
The Commonwealth was awlated in the prosecution
by William Brantley Hanna. the prisoner being re
presented by John (i oforth. Eaq.
Coroner Penner rectified that he held an inquest on
the body of John Moore. on the evenine or the 13th of
November last. at Mr. Bird's place; saw no murievon
the lonic of the deceased.
. .
Willinm .
Moore awornTha deceased sea mr broth
er ; •
he resided et No. 7:1 Market street; he was war
ned and in hie • th 3 ear; I did not know the defer
dint; the last time I saw my brother in life was three
days prior to this occurrence: his health then. as usual.
AM very Rood; I never knew htm to be sick; he was a
aohinist; I In tw him after his death; wheal was emit
for.
.rote-examined.—Seven of my brothers bent died ;
I lone three brothers living ; none of my brothers died
soddenly.
Dr. E 3 P. Brown sworn.-1 made a post-mortem ex
amination on the body of the deceased ; there was an
effusion at the Tess of the bran. sufficient to cense
death ; I am satisfied that this effusion onneeil the death
there was no fracture or bruit. of the brain a blew
upon the Igoe or on the side of the heed suffioient to
tense n man to stagger or to fa I, would produce this
effusion.
ESi!E=; = Z=l
James Bird sworn.—l keep a hotel at No. 6 South
Sixth street; I knew the deceased; he came into my
place about three-quirters anti knit befo.e his death,
in cornea ni with a young man named Mr. White; f's s
nide). bonded at my house, and was present; Mr
Moore and White came in, and asked tora drink:, I
wetted upon them M r.Cnsaida• was nested beside the
bar; Mr. Moore mid to Caseiday, "it is your turn to
treat now; Eve treated you once heifo, •." (1011.4 VA
said. " You are no 40^tlemart. or you would not ask for
a return of the treat ;" mine word. followed.the nature
nl,OllOll I did not exactly ostch ("amidst' then gated
hint at, to take a drink, and said that he would have
treated him before if he had not asked him to do so;
when they bed drank.Casaidny said that they were now
ii , eus re- Moore said " yea " bet that he, Clute'das. was
' a stinker, at any rate :" Ceseiday then raised his hand,
andand hit Moire on the aide of the heed. .aping " would
mend •brit from any man;" Moore seemed to be
stunned a bole; he etegrered around, and then went
d11,,1 on his hip on the Soo , • he got up again, and said.
I was sober. you couldn't:do that non rue:" Caul
de,.• said he could' wnip ion, miner drunk or sorer
question hy n Juror. I could not say that Mr. Cava
day was drunk.
I then interfered; White was about blinding Mr.
Moore a cigar, when hn reeled around and fell oh the
floor; we picked him up front the floor end sat him in
chair, piecing his ft/0 on n low stool; Mr. White asked
me for some salt and water to rice to him ; we gave ik
to him ; he never spoke after swellowing the salt water ;
he died in the chair, between fifty and twenty minutes
after he woe struck
Cross examined.—Cmaiday had been boarding with
me for some time ; Moore wan no' sober when. he came
in; they were elan , e friendly to each other; Cessiday
paid for Moore'. drink, niter which he was °limo a
seeker ; the blow woe struck with the open hand ;
was not hard enough to hurt a rood sized boy : the floor
is covered with zinc; when Moore first f.ll, it was n
his hip ; he did not strike his head on the floor at this
time ; he en:d that it was a shame to strike a drunken
man after Moore was on the chair Cassiday mid he
would go after Manila.
William 'White eworn.—T WAN in Bird's at the time
of this occurrence; Ceiseidny wee on an arm chair;
Moore and I had a drink: Moore then mid to
casaidny. •• it is your turn to trent. I treated you
once:" Cassiday replied, " You are no rentlemati,
or you would not ask me to treat now;" Caosidsr then
put his money en the liar and treated Moore. and said,
i•I nn,IMMO Vlth you now;" Moore turned to him
end mid, " You're a sucker, any how:" Moore went
bank. and Ceasioay struck him aside the ear ,• Moore
said he couldn't do that if he was eober; the blow
knocked him down; we gave him some salt water: he
never spoke •fterwards after tie had strock him. Cm
mint mot that he could whip a dozen like him every
der in the week.
Cress-examined.—l first saw Moore on thin day in
Market street. between Peventh and Eighth streets ;
to went to Bird's to get a drink ; Moore was perfectly
sober; Caasiday emelt with Ina open hand; More
didn't fall lint once.
The Commonwealth here closed its case. Mr. Goforth
Raid that ho would call hut one witness. There was no
doubt in hie mind that the verdict of the Bilis should he
one of acquittal. as the testimcny showed the nbsence
of all malice and the inTention to do any bodily harm.
Reserve Officer Wilson was then called. and testified
that the prianner surrendered himself into his custody,
alter expleining to him whet he had done. Th ease
woo then fully argued to the jury. the District Attorney
risking for a conviction of the prisoner for manslaugh
ter. nod Mr. Goforth contending that the evidence
would inatify . a verdict of " not guilty." Judge Allison
charged Jury upon the law an applicaMe to the
facts, after which they retired for deliberation.
• -
In' the ease of the Commonwealth vs. Robert
Thompson, charged with the murder of John Capt.,
Lewis C. Cassidy, Esq., one of the counsel for the
accused, asked for a continuance, on the ground of
the absence of a material witness for the defence,
named William Thomas. Considerable time was
occupied by the endeavors of the court to ascot lain
whether mach a person as William Thomas did
really exist, and after Alderman McMullen and
several other witnesses had been examined, the
foot was pretty clearly established that there was
such a person, and moreover, that he was the same
William Thomas who had become hail for a man
charged with crime, and for whom fruitless search
lied been made. Pending the Investigation rela
tive to this subject, the court adjourned until 3
P. M.
On reassembling, some discussion occurred be
tween Messrs. P. C. Brewster, the District Attor
ney, anal the Ceort, rotative to the ease of Thomp
see, and it woe then peremptorily fixed for trial on
Monday next, at which time all the witnesses were
notified to bo in attendance.
William Burke and Bishop Rutter were arraign
ed for the murder of Andrew Johnson, on the 3d
of January, and plead not guilty. The day for
their trial 11216 not been definitely fixed. The pri
soners will bn represented by Messrs. Daniel
Dougherty and F. C. Brewster.
The jury in Cassidy's case had not agreed on a
verdict at the heti? of 494111Seeht, .
THE WEEKLY PRESS.
nets WIZELTVIIing will be sent to IStilwartbere by
Ansa (per annul:4la advlnee,) at._._..........e Pe
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sir tra copy to the getter-up of the Club.
Postmaster.' are raga/Igo-a to not se 'saints far
Ina W2IIILT PRIM
CALIFORNIA PRESS.
Tattled Semi Monthlyin tnna for the Canforn
Stearr.ors.
Letter from Harrisburg.
(correspondence of The Preael
Ileransanno, Jan. 23
TEE NEW CEIkIEAL CODE
• •
The report of the commissioners appomt•d to revise
the Criminal Code of Pennsylvania, tin keen laid be
fore the Legislature, and three thousand ooPies ordered
to be printed for the use of the members, to be distrib
uted among their constituents of the IEI,O pr e re.. cm .
Originally the commission consisted of Ellis Levis,
Charles R. Buckalew, end John C. Knox, but subse
quently the two that named gentlemen templed, and
their pieces were filled by the Governor, appointing,
ludo., King and David Webster, Fag.
: We are glad to know that the spirit of progress with
Which the Legislature of the State hue been irulued
has led to some attention of the criminal code. There
Is no more certain index to the public s , ntiment and
morality of a State than the condition of its criminal
law. and no subject to which public opinion is mm
certain to be attracted as people advance in
etvtilsa
lion and Christian culture. retinsylysnia may be
Justly proud of the progress she has already ueiiein
;this rerard. Her syetem of penitentiary discipline le
acknowledged to bo the best 3 et devised. and hao been
ei•gratted on the code of many of the countries of
„Europe. She long ago rereneil herself from the die
racti of a code, barbarous and iulitiman,which punishes
:ragences without regard to the degree of their enormity,
and Properly abolished capital punishment, except in
the single case in which it was imposed by the inmost
:VA decree of God.
Our onminal code pi far from perfect, however, and
no better evidence of the truth of the remark is needed
than the fret that in consequence, mainly, of a wretch
ed practice which infeets our leg'siation, and is the
'offspring of unmitigated laenesa—tlia practice of rc.
Pealing or extending particular gots, wlthesit sufficiently
designat:ngthent—it absointety impossible for area,
our lawyememd Judges to detennine th any certainty
what In imposed by law for the conordialoa
ofmany oriniati . This hes been the stseding reproach'
and disgrace doer criminal code, and we are surprised
to notice that it hes not been folly corrected is the new
code reported by the commas:purrs. They hare :tote'
much to remedy tie difficulty, by prescriting tte max-,
imum amount of punishment to he inflicted in each case
of crime that has been embraced In the proposed code 1 .
but then. Instead of prescribing, in like manner, a cer
tain maximum of .punishment for all Crimea not em
braced in their code, they propo.e in ceetion 161 of the
act No.l, that 't every felony, misdemeanor, or offence
whatever, not specially provided for bY thleeet.nut7
and shall be punished as herercfere'—which means at
as you may guess it. we trust the Legislature wi g
amend in this Particular.
We haul given the report a hasty perusal. and matt,
of the suggestions made by 1118 commie sonars most
stoke the mind favorably. The report is accompanied
by twe acts, intended to embrace all the criminal law
of the State. as it now exist:, together wi th the amend
ments and improvements recommended by the commis
sioners. The first act is entitled " an aet to consolidsts,
revise. and amend the penal laws of this Common•
wealth." The second." an set teconeolidate_ revise,
and amend the taws of this Commonwealth retativa to
cnminal procedure and pleading" Both are divided
into appropriate and natenadivisions.
The resort first sets myth the general principles by
which the commissioners were toserned In the rooms
mendations they present, and they set forth clearly the
amendment" eangeeted to such a manner as to mats
the reference' easy by the I...palatine. e mons tie
prorementa or amend met te entreated in bill No. 1.
notice particularly the abolishing of a minimum of
punishrrent in all cases, but fixing a limit or maximum,
thus leaving room for the liereise of i liberal discre
tion by the court in proportioning the runishment to
the character of the particular crime; alao the aboli
t7os of the distinction between trend and pettit larrenr,
which never had any foundation in relgon : the aboli
tion of the penalty of forfeiture of lands and goods MI
conviction of certain crimes. the only erect of which
was to return the ionviet after his sentence had ex
pired. to a life of pauperism, and thus afford a strong
temptation to a repetition of crime; the act 'tempt
aompoooding of high °rimer, or ooncealinr the know
ledge of them; the Pot niaking it a misdemeanor to at
tempt to prevent witneeses aptearing to testify In crimi
nal caves. (though we see no good reason why it ahonld
not be applied equally to eisil eases it the act to punish
the, attempt to influence Jurors and arbitratorsi the
not in reference to pe tiers; and especially do we com
mend the act providing imitab'e punishment for at
tempts to bnbe mamba , " of the Legislature, though
we confess to some Reprehensions that a rigid enforce.
mint of this law may "scotch the wheel+ of lealela.
ti on" in many eases. and destroy the means or !mall •
hood of that large. interesting. and well-dressed class
of venous known rt. " Sotero." or .• Merators of the
Third House!" The act to *nigh - the adulteration of
liquors. if properly enforced, would have the effect&
as perfect a prohibition of the trail* in intoxicating
fluids as the moat ardent admirer of the Maine law
could desire.
We have net the time to notice particularly all thn
amendments In detail winch have been stieretted by
the commissioners. and we can only say of them gene
rally that they Aristotle be well considered. and shoild
receive the serious attention or the Legislature.
In bill No 2a number of amendments of the extetlng
law are ma:seated which. If pszanel. will go far to eine
the door of escape to critic - nets on mere technic -lit:N,
by giving the courts power to amend merely teohnical
errors. and prevent mot lanai ittarrest,of tudemrnitLeflon
a defendant hes taken h'a chance of a trial on the rea
lity. and will much simplify and expedite the huntress
of our criminal coons. The amendments rrntsested In
reference lo the venue in case of mime committed near
toe line of two counties. is loudly called for by the dan
ger of eriminsln oscapina puni•hrre: t it the crime is
etown to have been committed in a afferent county
front that laid in 4he indictment.
The act ntioliehing the, ;competency of a person as
witness who has been convicted of an infamous crime.
and has received t!te full measure of his puniehmstit,
with the excepti.m made of persons convicted of per
jury. and with the proviso that the fact of such witness
having been eon. icted may be shown to atfeet
hkeredl
hthty, teems to be called for by consideration of nubile
Polley and by the growing sentiment in favor of ata4_
Ming the rem rictiocs as to bbd competency of c
nem rather than his
It is hardly to he expected that a work of the
kind can be struck out. in the language of the
report, "perfect at a single hest." and we notice
e me matters that seem to have escaped the 113-
tine of the commissioners. Prominent among there
are the proposed enactments in regard to coos. r 0
Provision being made whatever for the payment of tee
emits of the defendant on acquittal, except in cases of
misdemeanor, where the jurydirect the vials to be pal
be the prosecutor. It is a crrinr evil of our renal code
that the defendant is compelled to pay the masts of his
own ' , imagoes in ewe where he is dragged into court
on unfounded charges. put in Porto:iv of life cr
I mb. and triumphantly acquitted. There is no
reason why in cases of acquittal he should not be en
titled to his necessary coats. and we treat the Lestsla
lure will apply the proper remedy, while 'hey have the
matter in hard. Tne provision allowing juries to divide
the costs between prosecutor and defendant. half and
half, like an Irish arbitration. should be abolished. We
think some provision is re tutsita authorizing court
to make an order on the county treasurer for the vvy
inent of eli such reasonable expenses as mar he incur
red under the direction of the dist ict attorney of the
proper county in the arrest or de!eetiin of persons rug
peeted or shared with high crimes, there lreing no ade
quate provision in the existing laws tor services of that
kind.
We regret that the commissioners have not recom
mended the abolition of the law in reference to giving
the truth in evidence in prosecutions for Übe% as we
are satisfied that Inv is productive of more harm than
good. It overthrows the whole foundation on %eh:eh
the law of libel as a criminal prosecution rests, viz r Its
tendency to provoke n breach of the peace ; and for
this reason it is Laid down as an axiom. that • the
greater the truth the greater the libel." That ten
dency to increased, not diminished. br allowing the
truth to he published. Alen con afford to disre
gard false gatemen's. but there are far men who will
sutler the tru h in regard to a thousand indiscretions
of which they may have been guilty to be paraded
in the public prints without tekinc the la•
their own bands • inasmuch as it refuses them
redress. The tendency of the kw is to arntify
malicious spirit of villificatmn end to provoke and re
meat dimard and contention. The almost uniform sen
timent of the judiciary of Pennsylvania, we tinderstntd.
is in favor of its speedy repeal. In prosegmbotia for
strictures on the conduct of public cicers. the truth
has always been and should be Admitted to be shown
evidence, as a free discuss on of the acts of palm rBl
core is a sure . 5 feguard of their proper conduct es such:
but there is no consideration of public eoliry tt at Near
tants a license for the ruhlication of all the tams of
arivate character. and about which the public are not
interested to know anything, and a publicatton of which
can only tend to exasperate the indvidual eccused. and
brine disgrace upon himself and perhaps an innocent
family.
While upon this inblect of a criminal code, we de
sire to call public attention to a matter that probably
needs congrensionel intervention. We refer to the ne
cessity for some legislation to compel the attendance of
witnesses from other Slates in rates of high enema.
With the increased means of communication in car
country. it is ertirelt possible for witnesses who are
willing to be bought, to get out of toe reach of theinria.
diction of the court having crimps:tee of the crime,
and man) a guilty gooondrel thus goes unWhipt of Jut
tree.
A word wore. The subject of amending the report of
the commissioners should be confided to et committee of
the House and Senate, who should make all the amend
ments needed, but no" imerorements" In the shape of
amendments should be lidded to it in Committee of the
Whole. If every bungling pe'tifogger or conntrr
, squire,who may be a member, ts permitted to 1113k13
the additions and subtractions that his wisdom will
certainly d mate him to do, the code will bo so emascu
lated and patched op that its own fathers won't recog
nise their otfspring.
At DCDON AND ASTOR.—The following amusing
anecdote is told of John Jacob Astor, in the doable
character Of a patron of literature and parsimonious
money-holder, which appears to be exceedingly
characteristic :
Among the subscribes to Audubon:a magnifi
cent work on ornithology, the sutseript cr. prise +.f
which was $l.OOO a ropy, appeared the name of
John Jacob Astor. Burins! tte prog , es 0: the
work, the prosecution of which was exceedingly
expensive, M. Audubon of course called upon eec
erel of his ,olaßcribere for payments It so hop
pent' that Mr. Aster (probably that he miubt not
be troubled by small matters) was not applied to
before the delivery of all the letter press and
plates. Then, however, Audubon asked fur his
thousand dollars ; but he was put off with one ev
nese or another. •' Ah, Mr. Audubon," would the
owner of millions say. " on como at a bad time:
money is very scarce; I have nothing in bank ; I
have invested all my funds."
At length, the sixth time, Audubon called upon
Astor for his thousand dollars. As he was ushered
into his presence he four::: Win. B. Aster, the Eon
C0M , r311 7 .; with the father. No sooner did the rich
mass tee t'be man of art then he began, " Ah, Mr.
Audubon, so yon have come again after your mo
ney Hard timed, Mr. Audubon. money very
scarce." But, just then catching an inquiring look
from his eon, he changed his tone : however, Mr.
Audubon, I suppose we must contrive to let yen
have some of your money, if passible. William,"
he added, calling to his run, who had walked into
on adjoining Trion "have we any money at all
in the bank " Yee, father," replied the son,
supposing he was asked an earnest question perti
nent to what they had been talkinu shunt when
the ornithologist came in. ‘• we have $22,000 in the
Bank of New York, $70,000 in the City Bank,
seo,ooo in the Merchnnte, $98,400 in the INC/La
de?, $83.000—" " do, that do," ex
-3 Reel , . interrupting him. .• It aeema
that William can gire you a cheek for sour no.
ney."—Con. Bulletin.