The evening telegraph. (Philadelphia [Pa.]) 1864-1918, April 28, 1866, THIRD EDITION, Image 1
CD H O VOL V. No. 102 PHILADELPHIA, SATURDAY, APRIL 28, 18G0. DOUBLE SHEETTHREE CENTS. r 1 1 N llSTT T .1 JJjjiLd.. JII13 OlIOTASTtlV Deprived of Its Horror by Purifying end Enriching the Blood. XOW 1ST HE 71UE I 0 VSE A t'REVEXTIVB. There Is None Equal to Helmbold's Highly Concentrated Fluid Extract Sarsaparilla. THE CHOLERA In Affective vltalltiatlon oi the bloud, and when Uie Mood loses its MFE OIV1NO POWKB, It csuses reisaailon of the contrac'lie M't ol the - vettfti ol the buoy and 0)6 Intestines open their oiynad bhd ttt$e,$ and ail lhe albuminous or flesh mating material passes of) Irom the bowcTS. ITRK Ml HEALTHY liLOODlKl SISIH I)IEBE. Aodwlillo tlieremay be no oce.ar.lon lor alarm, those f imfttre biubd are u.ost liable to suflcr. nun nun Hull hllil UHH hill. Hit it nun nun mm Hiimniiinmiu Hull Hllil Hiiii ii it a nun nun HH'I MUM UiiH I.llll IN THE HIEING MONT SH tlie system naturally mlciio8 a t'luOKC, and HILMUOLlVB HMULi fOMl NIPATfcl) IXIKACT )' SAKSAPAKILLA la an affisiunt ot tbe Kieatcst va ti I.1M1 U liLOOM 'IO 'Jllh PALLID CHEEK PEAVTIFYISO THE COMPLEXION F.VfT.tr.KEW.R Kbfc,LEEELLE KKIS .KB KICK l.KEEl'.K KUhELE El. K EKE K KEF.EEEEIE EEEEELEELEE IT i'KADICAl E8 F.IMJFT1VE and ULCERATIVE DIHKAHhb 01 theiHKoAT. MiF,. KY r.S, LY ELID3, BrALP end BK1, which so dinUnure lhe appearance. PCLOI.'' O tLe evil cllectn ol nuercury and retrieving a 1 taint, tflf lenuiBDtsol III' E AhE hereditary or othei wlne, ana Is taken oy ADULTS and CillLDREil with pcriectBAFE'l Y. ILL LLL ILL LLL LLL LLL LLL LLL ILL ILL LLL I LLLl T.T.LL LLLLLLLLLL I.L Sot a few of the worst di-ordcrs tbat affect mankind arise inm tbecojruption tbat accuinu ates in the blood. Ol all ibe discoveries that base been wade ta purge It ool none can equal in ellect Heimliold'i Compound Ex liaet oi bnrSsparll a it cleanses and renovates tbe b'UOd Infctlis mevitoroi nuurui miu uio nysieiu, ana ft prmeseut tne Duraors wnrcn mane uine.se. iiatruru iu ilia b.Hlibv lunoilona of toe body, and exne.a ihn diaoidere tbat grow and rankle In tbe blood. MMMM MMal M MMMM M fuMVl M MMM MM vl M MM W MMN atMMC 11MM MMM MMM MMM MUM Una M M it M M M M M M M M M M M MUX MMM MMM MMM Hall MMM MMM MM.Vl M V (scrofulous, mercurial, and svphlntlc diseases destroy whatever part tbev may attack. ' bousunds die au nuullv trcin protraetod diseases oi tb a class, and from tlie abuse of mercury. Visit any hospital, asyium and prisons, and satlsiy yourself oi ue tru blumess of tins aster io o. The systm best resists tnelnroauso! theso dlseaf es by a juulcioud combination ol Tonic. lielmboiu's l ltbly oncentrated F.uid Extract 8ar saparllla Is a Tonic of tbe greatest value arresting the most inveterate disease after the elands are destroyed, and tbe tones already allected. ilila is the testimony oi thousands who b. ve used and prescribed It lor toe last It) years. BBHBBBHB BbHUBBUllB KHH lillH HUB BHU HUB liuil BBHBBBBU BltBBBliBll BBB HUB BBU BBB 11BU BUB BIHiBBBBBB BLBBBBB AM 1NTI BESTING LETIFR Is published In the !edico-t lilrurnlcal ltevlew, on the subject of the ex. truui ol hartapaiula In veneieai alloctlona, by Benjamin Travers, F. K. ..eic Mpeaklug oi Hypbliis, and disnasea rikti s r. tn the excess of nicrcuiv. lie states. "Thai no rtfnxiy itigual to the tx raet uf Sin tapartli at its pov -r tt ulfaorawary mre toman onyurner arugiamac muunirf h. It if ii the itncittt imn a tunic, w th Ihi mvu.uable a. tr, bale , that it it a p licab'e ta a Hate cf the tyttim to tunken and yet to irritable at ren d n other tubttancet of the (on.c ait unavailable or mjurvui.' oooo OOOOOO OOO OOO OOO OOO OOO OOO OOO OOO OOO ooo o-o OOO OoO OOO Ooa ooo UOOOOO oouo TWO TUBLEPPOONfFUL ol the Extract of Barsa panlla. added to a pint ol water. Is equal to the Lisbon lUet linuk.and one bottle lseuuai to gallon of the tvrupot hartaparlila, or tbe Uetocdon as uaua lymade. Ibe decoction Is exceeolnp; troirb.eionie, as It Is necet aarv to repare It iresn every day, and tbe strut) Is sil l more objec'lonable, as It Is weaker than the decoction t lor a fiuio saturated with lunar Is susceptible of holding In so u tin n much lesi extractive matter than wa er aiont.aod lie y tup Iso l.erwlne objectlonah'e for tlie patient Is frequently nauseated, and his aiomacb Bur lelted, bv Ibe lre proportion oi suitar be la obllgud to take with each dose ol taraapuill a and which Is ol no nae whatever, txcept to ke p the decoction from sooll big. Here the advantages and nuperloritv of tlie V uld A tract In a comparative view arc strikingly manifest. I.LL IX L LLL LLL LLL LLL LLL LLL LLL LI.L LLLLLLLLLTX LLLLLLLLLLL He'mbold's EXTRACT BUCHU Cnrea Kidney PI wise. X. in no Id s tX I h(J I' BTt'liU Cures Kbeutuatism. Heiu.boid,a I ATK ( TLV.OiiV,S,,re"Uruiry A'iasc. llelnibold'i IX I H CT BLCHU ( ureatiravel. li m Old's EX I R VCT ULCHO ( uret Stricture, ileimboid's I XRaCT HTJ fureylrrupay. $ ut 11 e diseases named above aud fur Meaknenes aiirt Pains lo tbe Hack. Feuiule Coropla nta aud Dla rder arlsiDg irom excesaei of any kind, it la In valuable. ' ( l'llDLiUlil iui Air iii iii 1)U Mf 1ll) l'l'I 1 1 I I11 1,U 1).U T'1U r i riL Ml)TirPIlU jtliiLLl tuf.be extracts n AVE b ek abmitted to retiMiit mi i. n , - i k-:-t - i". VKP" ASl AH 1 1 SB "lTl 7'IONS tbroUKhout the and a. "ell aa In private practice, aud an considered aa mvaluabie leiiie-Hia. ,,nni. " ttr tiUuuwkvaCQ AND riiEMlCAL WA.ItKnoiHK. vn A VD Sui 1 EN f II hTHE Er. PHI LA UELPHIA. JlJU fV iir,.ui everywhere. THIRD EDITION BST- TIJi; (i ill; AT MiflDEK Till 1L. PP.CCEEDINGS IN COURT TO-DAY. ADDITIONAL EVIDENCE. SPEECH OF PMSO.NEK'S COUNSEL. THE DEFENSE SET UP. aiMajaaaaakj,W,twl'' IStCe 3to.. JtHto.t lite. Jb3to. Special Tltpnrt for Th Evening Telegraph. Th sn.omltK thote wasnottheBlightctaimfnution in the crowd ol pornous ascmbkd around lndo pendence feauare to wituess tbo usual morninn's walk ol tbo lolon I'robst op tbo main avonno of the t-'qt are on hit way Iroin the prison van to tbe court lioura. ccily alier leaving tbo van and npon ontorlncc tbe Square, the cro d aa usual a it up a hidoous yell. It icemod, however, to make no impress'on npon the prisoner, as bo has by thia time rot pretty well uod to such (rrecttnen. A soon oa (ho Sq.taro satos were closed, (.biof Kureles, who bad eharjrc of the prisoner, turned him around facing tbo crowd, and permitted tdoeo assomblcd to ret a view of his lcaiutcs. Tbe Cbiof, howevor, cautioned tbe crowd tot to muke any noise, which request wug only par tially observed. Just bclore the prisoner entered the court-room he was stopped for a lew moments, in ordor to pormit tbo crowd on Sixth stio t fo see him. Iluro, as at the south rate, Chief Rurxles notiflod the crowd to keep silence, and thus prevented another ternllo yell on tbe part ot the mob. There ii little change In the manner or appearance of the prisoner since yos teroay. At 10 o'clock punctually the Crier, Mr. Jamos B. Dare, opened the Cou.t, the court-room was, If possible, more crowded than on any iorinor day dnrinr the trial, the dosire boiug very rteat to hear what line ot deleuse would bo taken up by tbe pri soner's counsel, OPKNINQ AnDRESS FOR TUB DEFENDANT. John A. Wolbcrt, Esq., delivoiod the oponitjg ad dress on the part of tLe de'endunt, in an Uoquont and able manner. Owinir to tbo Tact that tbe eopy ot his addrets, and that fol'owin of John I. O'Neill, Erq., is constantly being; t tousht by messengers from the court-room to the office of The; Kvb.iiho Tkld graph, in detached shfots, ai prepared expressly for these oulumue, we present as comprehensive an abstract of the re narks for the defendant as tbe difficult circumMancos ot the case will permit. Join A. Wo'bert, Esq . said: May it ploise your Ii oil oi s You wi.l paruon me, reut emen, in opon inr my case if 1 first matte ui' ut.ou o uiv position, and that ot my colleague When assigued here, I said it was a position, perhaps, not a pleasant cne. Feellt'K oeepiy inte;ested as one must in a trial nke this, I como to von lo meet tbe t ommonwealtb's cae. I ask at your bands, rentiemen of tbe jury, no sympathy 1 come on Leball of the prmouer to meet the Commonwealth's case, and answer u from bermmnr to end. It is not by eioauonco we are to try this ease, and lew can equal taoeioquuut District Attorney who shall follow uio. Tbe pr soner at tbo bar, Antoine Troter, is twenty four ears of are; bis lather, uiothir, and throe brothers and s.s;ers now resiue at Baden, Uermauy. He came here cn tbe ship ( o'umbu, leaving on I no 12th ot March, aud arriving Slay 12, lHo3. He bad been here but two hours wneo be strayed into Castte Oaiden, and was persuaded to enlist thore oy an ollicer of ibe United Stales Army, tie enlisted in an m lun try loiiinient, &iate oi JSew lork. He wont to camp, and thence to Virirn a Ho solved, and bis time ol enlistment exi lrnijt, h camoto l'hrudi' phia. He siayod beie three or four weeks, became tbo bounty was returned to him, and be bad money ro spend then. He stayed with h s comrade until the monoy was rone anatueneunsteaintuebtn t'eun-tyl-vania Cavalr, I went to Camp Cauwalader; staid eibt cays, and went to camp. Tho recimeut wai then at HeepKun. Virginia, a place of little note; not known wnen mere, lie couituemea doiu picko' outy and scoutlnr. havintr been oefoie in an infamry resmient. Me stared there sometime doiuir picket duly; be, too, was thot and lost that thumb on bis rip-hl band Ccminr lome a lew days alter the capture ot Richmond, he went to ilr. Moore, on Fron t street. He bad some money, and rave it to Mr. Mooro, flaying fourteen days; then wenttoN"w York, to Greenwich street, and staved there three or lour days; returned to Philadelphia; not being well, and meeting a comrade, the friend said, -'Come with m i to tbe bo. diets' Home." He did so, staving about two weeks. He lett, and his money being rone, alone, and no one to assist, be started out for work. w nt he went to ine is ecu i can't sav ; nut, per.iups tuihKinr ii was nearer to mo iarmnousos, he went there, being used to larmwork lie went to the houae of Mr. Hearing; be was awav. but tils w.le said tbey wanted a man, and Mr. Dearing would be there at 6 o'o ock. Lie was tnen engaged to work at fifteen do.lars a month; staying a short time and earning wages he left, and went io Ut Moore's; lea in a few da; s, and vas sent by an etmloymuut office to Aiaryiaua to pick peaones. near ng the typhoid lever he returned to Philadelphia, and was taken sick with the fever. Went to the A metiouse, and there bearing ot the package from Uermauy, be called on Air. Jloore ana rot it. HO then vent to hew Jereev; worked, an i then being discharged came back to Philadelphia; lemalned one dav, ao i tht n returned to Mr. Dealing, who engaged bim at $10 a mouth. Tbe prisoner stayed there until his arrest. Aun, frcuuuujru vt V U Jill j i. I .u7 VUIUUIWM- wea th have tailed to prove when this murder wai commuted. No living person can say when, fjiit tiersons have been murdered, and vet nuoay can leu one syllable about the murder. Tbe iaot only we find theui ttere. Mr. Evure't roes to llr. Hearing's barn, and nuas a Blocking sticking out; thia is tbe furl host kno vn ; and tbey are ben dug tip, the neighbors gather, examine and find tbe stocking has in it a man's toot : the police uncover the bay and find the body ot Christopher Dean u or. rutt 1s an the commonwealth have to d us in reference to tbe murder. Tbev have only the naited fact he was thus tound. By the side of his body was Elizabeth Dolan; the samo may be said ol her, and had indued wont to say they are dead. Yet this inquiry to-dav ii to determine if .......l -..!... ....... . .4 1 1. . . . .. t . I .. -.i . . -, . .1 luurutinup wnu uiuruorau mum. rua uiuiuuruu mother lav with her dead clii dren covered up in the bay. No one can throw any light upon the case; no one living. The Commonwealth on this trial have offerod to vou, gentlemen, circumstantial evldouoe. 1 might have brought before you staoks aud stucks of Looks and shown poop e convicted thu when the peoulo were excited, when the Commonwealth would hoot at delonan aud yet alter oouvlotioa and execution the man has been proved innocent. But tnoe laots are bousiho'd words 1 mlvht have exolu lfj maiv of you irom the box ; but we only wanted to have honest men In tho Jury box; we only aked to have twelve honest men to try him fairly; that vou would exclude the hallooing and tumult liomou'sidu the com t bouse, aud think you are to d)ido upon -the 1 lie or death of a f How-being. I think you will not do tbat ha-tilv not in a cae like this where the links ol evidence are broken. 'I ha hnilia. ar.M .t..n.t. mt9W artl1.tr atfftlf I pass it bv untouched upon, 'fhe bodies were lound u dcecniVta by Cvwiuwuwcftltli's witueusvu, Tbe Common vealth aaytbl. man at the ba-hlone I e died; lor tbat he Is now on trial It is true ne - from a riange land, and has no ono hern in thii clay of tr al o say one kind word to htm : but he s here, where our art and inst inLcnt bid b m cmuo, in c 1 1 a land ot liber Irom Ins owj country, an'1 be appreciates this country lor whlon he luttgut. Mr. i wigh. has a lured eoouentlv to iho tact that tt e u oi dsund ol the army ni l not u?e lum to scoues el rrmrt er, but, gent emi n. there it is no nch ihin r. I ran ' him in t' e army, striving ou the side ot Le nrbi t 1 can ne him there in the rauks ; but tu.it Ii not vsrt oi our can . Weie this a tiiul tor larceny, the Common woalt'i might have some argument, r'roui tho t .ct tti;i (ii ods havo teen found with this mtn, that might in Men a Cise ot tna tor laroeny aio.ie Cn triduv the tins iner was paid ton do lars by Mr. U : ho cime to town, porhans to sneud it A win es s ales between 2 a id 4 o'clock, he i-a v him at ti e laser Lee aiocn. AuotiUnr witness, tuebjv, en s he saw lum work n' at Ar. D.'s; he nas soma three hutiUreu or lour hundre i srds away loo r.ot, howev.r. desire to i Ice oit discrepancies, but to n eel the uonimonwoaith's case 1 be question is Ii(iilns man commit this murder r Alter trie ay, 4 o'clock, Saturday uilit, bm.'een Hal 8 ii'cli ck, bo if seen avam r nunday and lon- t iy, liesdav aud Wedt.eaday ana n. Ami wjoq v ts 1 1. in rnuri.er connn iiedr tsatuniay, i?unua', A ai il:. y, Tucdav, Wednoituuy. whonf The Com ti. li wea.th, by in lereiico theory alone are trying to teli you this. e is seen al thnao davs in Front street, either at 1a :klcluts or Monro's; morn-ng, a teruoon. iveu im . Cp to ill. s tinio, fen ilciium, this mtiriier had no i been beard oi. not nnlii the lollowing Thursday d d tho authorities know ol it. Now. seut enien ol tho ukv. we are not to split ba.'S on tlie qt eatio i ot a man's lilo We aro not to trv bv tl eory but by ovideuce. Look on tlio-e eignt i an Indies 6 nd say it one man could have done tl at killed tht m. It is u the duik, and to got out 1 the dork ibe iTbrued atntlemen have go" up a theory-aliemiiliug lo accouut tor that. 1 iib.uit, reiill nen, ttieor is won .do; It uuist be I acts sub nil' ted to you I ouht pouplo murde(ud,land ah byoue man.t Jake the condition of tho place; look at tao o'olbis upon them; you can te if one man dono it ami t ck ibe bouies Irom tbo yard, or where they weiekil ed theie would te evidences ot tho drat- g.na tbrouah tbe mud. There is no evidoneo ol that on the weman's frock to Bliow that dragging aoro's that toll dirt io tho barn, that iaot would have ap peareo, but it did not. Iho sharp eye oi thodeu o tive saw all elite, but not that. But the bodies aro theie in tbe barn, lr e Irom a 1 mud whatever. Now could one man bate put them there f i)o you think tuut possib e io te anuor ue migui nave taaou ine aeulu by tl.ethouldcrs and let tne shoes diaou tl.e viound aud te oovered with mud. But thoy ire fiee from a I dirt, and that convinces me two pooplo mut have cariied tiie botles into tbe barn. lhe prisoner was artrstod on lhursday night, at the Market sneer bridge; he is taken to tho S xth ard fetation House. I be Mayor ' as oltored a large lewaid aud al over, not only this city, but the c. uniry, aii tne ponce omcors are at work eoarcmng lor tno muroeiers. Now. gcut emen. tho pnsoner at ti e bar, Antoine rroLst, lived wrh ir. Hearing; we do not deny that, he left Mr. Hearing's bouse ou Friday, as 1 have toid you, with iu Air. Dear ng gave n m. i ne t omnionKoa th sa, we have tound, through the duieciives, a carpet-bag, gold ana silver watch, and two pistols, mire and smiili. We provo he lett them on r-aturaay nignt at a noue. who Knows tne murder was committed on (Saturday nlghtT The w.iole family mtht bavo been all well ou Saturday night. I bey might trv nm lor larceny ou that evi dence, Dut not lor nit roer. Now, gentlemen, let me ask ron to boar in mina at ibat time, on Saturday maht, when tho prisoner e;t tnat can et-bag we oo not know ii jur. Dean a was dtad or a.ive We do not know if he had boon niiirde 1 No livin witness oin sav. II a m in o mrails a laiceny, aud somebody s'eps in and com- Bins a murder, elmll that prove mat that man o tu rn it d a muider f lteintmber the carpet-ba was leu sn Saturday night; on tbenoxt Thursday a shirt Is lound at Mr. lira'ii:ir a homo vet wet with per spiration Wet. wet, gentlemen was tho word he used, if tt e person bad taken off on shirt on Satur day would it be yet wet on inundavf Gentlemen of tbe Jurv. can you presume ttiatf therefore, gout en.cn, I say this man may have had these good long bo ore the murdor wa done or thought of. Tne Commonwealth bus shown two axe, and both ol them biuddied. Think of that. Wou done man want two axes Hecou d not use an axe in each hand. hy should both axel be bloodied At other lact moving two men committed tho bloody deed: lliev say the pns ner's pants was oi nd upstairs, under tbe bed, with 0 ood on ca e lu iy roltd op; that was the usual place be hud to put his clotho". I a Vina no bureau. Is there anything ttrauce about tbat they wete rohed up, and blood npon them? bat kindof blood f Human b ood? Tha ( emn.onwoalth have never . roved that. Could this so coo1 and deliberate tnin.as the Com monwealth ca I him, hnve put bloody pants rolled up, in his own room, under his own ood ; he might have washed them at tbe wo'l, and burnt them. Ue n ar nave teen kililna cat te with Mr. Hearing, lnat is a legitimate queatlon. Are you to assume oniy lor tret ommonweannr i trust not. 1 plead, gent. emen of the iurv. for this man and bis family at borne. Their hearts and their hopes are with bim. Little does his aed lather and mother think lie is in tbe bar being tried for murder, t.ive him Juki ice. Ho bot he swayed by the tumultuous no d who sway round the Court house to 'tear a man to nieces whether guiltv or innocent. I cm imagino me fee ings tbat sway them impulsively. nut we ere noie 'o irv mm in a court oi justice. We to not know what kind o blood that was on the pants We hive as much rigbt to believe it of One kiLd a or ano.hcr it is true the tilnkets wero taken from tbe house: tbat is a larceny ; but it proves no murder f 400 were even bv Mrs Dolan to her daughter; whore are bey? Iho prisoner has had very little money; he has sold a watch, oHl'r(l to sell a revolver; could not loan sn old comrade 7o cents. Avain. tbe nnsouer remained about the city. He did not altera, t to floo, as do all murderers. No a tempt to t ke flight. He remained where he had been ki own tor eightoen mouths back and does not flr lor tatety. Be fee s that he nas committed a lar ceny. The commonwealth might prove that 1 hey have a ease lor that, 1 admit. He does not, then, wish to ro urn to Mr. Hearing's He b tho watch of Mr. Hearing, indued, but does that prove a murder f lhe ommonwenlth has tho case all fixed. They tell yen who, first, second, third, eto , were all killed. .iv lean ea mono, air Itwifut, uiiib vou wiii-iu evuu Mrs. Heaunr was kill- d. Hut fiev can rive tbe only argument against Mr. I'robst that his pants have b'cod cn im ni, and have been rol ea up ana put under his own bed is bis own room. A man wh couim t a murder uoea not do tbat ort ot thing. A man wbbes io get nd ol the damned spot; he does not take it to Ins own room and leave it tlwe. Boib of ihoee axes bad been used One lett by the kt chen-oour aud tno other in the ditch. I do think you will say, g unth men, that a man would not be apt to throw away the amai. axe and then take the larger axe, lhe heavier one, more dillionlt to uae. vet the Commouwea th say he used the small one Ant, and then east it aside. But what it the evidenoef Purely circumstantial Fon etln es circumstantial evid nee is bettor than witnetwe; but lauts are stubborn things, and rn a criminal court we cannot thus decide upon a man's lite We are, however, eailed upon to pieurue all this bv the Common wealth. au you do this? Can you take away another', lilo to lollow the eight who nave gone tetorer Kveu in a cae where a man's liberty is concerned conscientious men must pause. Hut where a man's lire is concerriea vou muni iai niuirv pause, cousiuer ana niagunv the doubt Into a'nioxt a mot. tier t emen ol tbolurt.l have bnefl gone over tins case, and in a few moments will yield to niv very able colleague But 1 have endeavored to show the ( omnion weal h mu-t Drove. Ursr, a murder: pocoi d, a di'liiicrato, premeditated, wiliui murdor; iniin, tuai me pntouor at the bar ou it. Ycu aro lo say, gentlemen whether this man did the niuroer. You(aeto sav boyond all doubt that this man did the deed It vou doubt, the Court will teil yon T u must give bim the bonetlt ot that doubt. You are si'ting here as this man's iieers. Ob, o a'one bv the evidence! Ho not sacrifice hastily and noedlesaly another man's hie. Presuruiug that this man mine ruhiv inau U"on o l uie y circujiauau tial evidence, the law will not nnriuit it. I will now. gentlemen ot the Iurv. submit this ease to your bauds. It is a serious thing for a liwyor to h'tveacase involving the lite of a fellow-being. It is one he wou d like to shrink from, if he oould In Justioe to law; even it the lawyer believed bovond ail doubt be was rui'tv. and had the enmu atampod upon bis brow, vet tbe law would take Intu home and give bim a lair trial, 1 have, geutlemuu, dis charged my duty. I can only ask you to carefully consider the evidence, and pause, ere you send his lire uaca io uuu. BPKEcn or no, jons r. o'neill. Jnbn P. O'Neill followed He mud: Cloutlemen of the Jury 1 tool, gentlemen of the juiy, that m your auxmty to do Juulice, jrou will lord a rst'enf ear. I rise not to defend mnrder, or advocate asiunlus. I rbe to discharge a duty ocn mittid to me by this honorable Court, and 1 Ititond to do the boa lu my power to diseharg. it faittifu Iy. I base no recompeuxe. 1 expect none. No pav si a l -oil the dipcherge or so nonoraD.e a duty, it is n.ado in rtsf eot to this noimraD e uouri inn Ltlore son appointed to wa'k with him tlrouhthis dreadlul t avail ol his lilo, as lait iful smt.neis. Let the liberty so saoted in the eye ot the aw thou d be violuted in the trial ot tins man, we 11 BLk you k-udly, gentlemen ot the Jury, lor your attentive, eager llstoi ing, and from too assu i snces vou have thus given, we know you will lol- kw us atteut-veiy to tho cud. Con e wllh me to th e cae. uooa men ana true stai d Lean and baud together. 1 snail not ask lor syiiil atby and Uicrcr, oiili lor Justice. lie is .rn ndlor Homeless, a one. way irom nia l ative Batten, h is here in tee dock, on trial lor his lilo. He looks to vou. bis peers, ana ho aiks yon for Justic-. I ask you, by the spirits oi tho murdered deud, by toe spirit ni the little pace mat uvea in me sumhue lour .veeksag", by the spirits of al thoe oead, I ask you. it you fl .d a doubt th it he did t tat lout oeea, uo notsena mi pi n auer lueir tiaugu teicd lives. . . . Be culm. Ho stands beforo vou. in the eyes or the law, equal to tbe besi and puiet in li e land. Jus tice CLoiic.e hira. and castn her protocfug ajn nbtut him Who is thi niau ne;o? equal tot e best, rind superior to n ono, and interior to uo.ie. Hen bifore you, and s ap y asks a pat ent, ca.m nea-mg. Lit hot iheonlsidu c amoi-ovorc ou l you'tniudt W oe shail be tbe day wnen a verdict shall bo lorced Irom a Jury by pojiu ar vol s and execrations Woe rhal bo that day. This is the oousecrated tempi i ot Just ce Tho voice of tno C'ou-t will calm tioso troubiea waves oi uiscoru, aua restore tuo catm oi justite. As l nave snta, genti men, i riso noi io aoronu murder. This day four we-ks ago an humote and gtntiel inmtly lived and breatbou, in the lower par t ol this cl iy ; i o-day tbey are gone ; n lour weoks from tha lime, we are sitting u.jon the tralofoueae. cuted of ill tr murder. Now the Common vealth avks vcu to establish the lact by your verdict that Mr. Probst was their murderer. Iboy say ou tho 7th ot April, ar 4 o'clock in the aliernoou, he was teen in the field working; that next day Mr. Hjar mp was seen In town w.tu Miss Holan, going to ais borne; that on Thursday lo lowing the Doutjs ot eight woie found murdered on tbe Hearing larm; they eo on to sav, by circumstantial evidoueo, that ut I'ronsi. aia tne uiuruor. Now what are the circumstances T They say that the troperty cl the Doarinirs was lound ou lhe per son ot Auioino Proust. T be watch, cuatu, pinto s litcktie and otb. i tli'ngs were lound. Suppose we aoinit they were thus lound. Hut is it a Just con clusion ibac ho rid commit thai murdor if What proves ilr Not the larceny. Was it com.uitted on buturt'ay f Who Bays that? The Dijirict Atto nev thus gives bis assumptions. But sou cannot try by tleso as.-uinpiiuns You mist bo cuidol only by tl.e testimony. You have nothing else before vou. Nowhe e intne t8timonv are you told the murdor was none ou Saturday. You only have tne ihoj. y ot the Histr.ct Attorney in tin- matter that tbey were seen betore and thon not alter uutil lhursday. But how do you know they were mumered on Saturday r I here is no ovidonoe; ni ne-none- noi.e tl would be an outragoto de clare there was. If thot o is unv doubt you are bound by the meicv and justice ot 'fro iaw to accept it. you have no evidence in lav or of it : have you auy against tl at murder being on Saturday f Look at the shirt. wet, wot, wet How came it it wet on baturdav not dry bv Thursday, if simply wet by persoirat on f The w ltness identified it as the pr.soner's shirt, out wiieu cross-examined stated tbat she bad never soen any of bis. There is nothing to prove it was his. If.'e left ittheioon Saturday, 1 put it to vou in reason it would have been completely dry on Thursday. Let no copDisiry or declamation ciou i mat nnaouDtea lact : take it to vour room, ponder it. "1 if vou can reconcile that witii reason, justice, and mercy, Bond bim to tne uoom rou are einpowerea to ao. He is a pcor wait upon toe waters of tbe world His Ine is worth nothing to bim. Ho has iu xpe in his bean or monev in his noeket. Give hiw theecaiTold; it is nothing wh .ever But doom '' tun ,auu a dav may come ot sorrowiui, peuiteut, suffenug retribution. But rood men and true, keep to tnw tvioence. Beware to boeiu to falsity tbat. Ho not forsake he evidonce; you can never reconcile that wet ibiit with the theoiy and reasoning of the Commonwealth. Hit more, the e vidoneo of the Commonwealth toiiits to the fact the murder was not commi.'od that Saturday. The Commonwealth say it was done be tween breakiast and dinner. Bui that dtymauy people pas ud and dowu Jones' lane. Then, ho could tbisavyiul ueed Le couiemolated to bu djno ou tbat caf J peoplo murdered, when so mauyspe tutors wjie around him leuaviog at all limesf W hai I In tbe open davr td not kno v when he wou d be cauzhlf What) Di. it wit i so many pass ing ai d repa&ing all tbe day T The alarm would have Dcen spread tar ana wiae in a io v momeute It is against all tne laots to assert the murdor wai committed on that day. Now the fact is Define you that the murder, as to the time, is not known; therefore tbo Common wealth's argument is ouly theory. Will you, there fore, argte bo committed murder on Hearing be euuse be wore tbe necktie, because he had these aitiuie of the Hearing family T lhe key quetion is, when v as this murder committed; when did he get tbe goodBf Boloro the muruer or alter the murder Noividence tells us. Wbo says he did not before It you hang bim upon that assumpti n you give bis mtmory forever to tho dosl Good men and true, I dee are that he got tucse things before the murder, and tuero is no evid ucj whatever that they were not taken boiore th s cruel dud was oouo. Aud being thus stolen boiore tho n.uidir, thur possession by i.iui wou d prove no iinng but a mere larceny. The law meroituliv pre sumce everything and everybody to be inuooent ULlii tee rui t is proven. It is against law then to say then that he did tho murder, and thou took the go ds, without evidence av he got them alter wards.Ccntlomencau you swear otherwise. You have do ev dunce lo show otherwise You wi l swear to that lact it you condemn this man by your verdict,, beurch Ibis evidence, and 1 ask you to ioo it, seiutiuizingly and caretnllv look at it. The Co n monwealth bas not established tbrt fact, and I say you are bound to give him tho Leueilt oi thut doubt. Tbe Commonweath asks yon shall you infer guilt from the iaot that he bad leit th re things beuind them. My colleague most lorci'dy asked blood I What blood? Wny, in the Armstrong case tne whole case turned upon tbe point ol the blood int'ie wapoa, Tbat criminal declared it wai otiickon bb od. The H strict Attoiuev investiga'ed that Iaot, aud Armstrong tost his lite by the decision of that lata I poiut Now you are asked to declare that tbat blood was human blood. There is no testimony whatever to te.I y ou thia was human blood. Now, gentlemen, that is the theory of the Com monweath Is that aoftieieiit? Now could I give you the solitude of the family. Its lone lues aud denotation, shut out irom the clauio of this city Put a chord upon your mem ry to sutl) the pas.t to go with Pro! st into some remote plaoe, to loret all the pBft, simply to bear this testimony. Would j ou, could y ou convio1 on this testimonv ? Is it clear? is it positive t Is it t eyond a doubt? 1 tel ycu it is not. If you oould do that, geutleiuen. I am sure you coi Id never enter the verdict ot guilty lu this Court founded upon such testimony. Tbe Commonwealth is inconslstontwitb itse'f, it is consistent with Probst's innocence, aud you ar.' bound to take the benefit of that ease. is it probable that Antoine Pro ist d d this doed ? Mr. Hearing a lull-grown niau Misi H.nan a woman Mrs. Hearing alive, and the lit.le cbhdreu skipping near bv tbe b g bov iu lhe Held oould he go that deed witbiu sight ot tho near co ta.fi f Is it probable be did do it. If he would do it? Would he then loit- r ariuud, and go to tiie p'ace bo woo d be sure to be lound oui? Would be seek public haunts and walk out on Su lday ; walk any where and even where? Would he have xnioitnj such coolness of manner and spirits, a' tor suoti a ciiii'l doed? All the action and surmouuuug ol this man repel the idea ot tucb misdeeds. He certainly did not do it on Saturday. From Siiturnav until fhutsday wo have bail bun ful'y tri cked bv tho dotectives, step by s ep. And now, who says that tho murder was not committed on iioi day. Oh, I ask aud 1 wish that It would run io cv ry fibre of our hoarti. Oh wli-n was the minder committed. If on Monday I wu iu the city; cn Tuesday I was in tho city; aud that shirt said to be tafen off on Saturday, was et wet ou Thursday. Ibe shirta was found wet, wet, wet inind tie word I ou the Thursday. Tms arguos forcibly the murdor must have been rooently com mitted j and if done later, the prisoner at th bar was not at tbat house. - We nave bad a great doal of testimony descriptive ot the wounds that opened their moutbi to tll 1 1 bloody doed but none ol t io wituesaes told him the 1 odiea were found warm or oold. Why tbe very dogs lu tbe three days around the plaoe, from Saturday to lhursday, would have scented and bunted around that plaoe between Irsaturdsy ana inumaayi iimy wuu u u, tuuuu mo bodies ot th murdered little one they bad 10 olton frolicked withf Therefore, gentlemen of the Jmr yon esnnot say, I dec are, that this murdor was done od Sat ni day. We ak you t look at this evidence on this point. Look at it in all us leatoies. Consider the thory oi tbe law, tbat all men are to have the boneflt ot any oenbt. any christian Interpretation, you oun I ui upon it. Yon srebonnd bv your eaths to do this, as tbe Court will inform y on Yon mint look at tbe common esse. It H purely upon oiroum s anciai tvidence, and how many times has that eviernee lied betore against proon ra 1 hi nas rot into the ease that I did not approve of; I oou d have objected to them, but I wished to Mve you all the Iglitthai could be aifordod vou t ycu n. ve it all, from beginning to end it is only ciroum slant al the things that turround thecaso. If yon can reconcile these eircuimtances with any th 'ory of innocence, jou are bound to do so, and I ask you to do-it. Nobody can recall the dead of that most horrible deed, lhe cottage is consecrated forever, and pos terity cam ot lorget it. 1 would givo it a tinge that voo'd never oio out, as sweet as tbe voice of tho nightingale. But I would not sacrifice an innocent mm. I would not allow your minds to be cio ided with any O' tbose leelings of sorrow to the condemnation ol thia man without the basis of evidonoo. iou can not, you dare not, with this evidonce. send the sp'rit ot 1'iobst, iuuocont, to lollow thoie ol murdered spirits. I leave Probst with you, good men and trne. Hold together and hearken to the evidence. Confirmed in our next Edition . WASHINGTON. Special Deijiatchet to The Evening Telegraph. WApniNo'eox, April 29. A Revenne Decision. The Commissioner of Internal Revenue, to-day; rendered the following decision: "All exponses tor insurance npon prop-rty, and all actuil oses in business, may be deducted from the gi oss income o' the year; t ut losses sustained afrer Hccon ber 81, 1866, cannot reduce the income for tbo tear. Losses incurred in the prosooution of ono kind of business may bo doducted irom gains in another; but not fiom tho e portions of income de rived from fixed investments such as bonds, mort gages r6ot, and the like As essors should also bo careinl not to allow tho deduction ot amounts o aime'l to have been Iot iu buslnm when In reality tbey should be regarded as investments or exoend.. tures; as when merchants expend money in . arm ing, or gardening, for recreation, or adornW 'nt, rather than pecuniary profit. Persons traveling about the country as the ugents of manufacturers, or Dealers seeking orders tor goods as agents of one person, nr firms, only such as sa'anod clerks or men hired by the month, should not bo reqn red to tae licences as commercial brokers All parts of deci sion No 151), inconsistent herewith, are hereby re voked." Knrtb Carolina Freedmea. Tlie Assistant Commissioner of tho Freed men's Bureau In North Carolina, has transmitted to the Bureau his report for tbe quarter ending liarch 31, which contains the following mattcra of interest: "Tbe number of destitute and dependent freedmnn has been gradually reduced to such an extent tbat issues of rations may soon be discontinued lhe de mand lor labor still greatlv exooeds the sunplv. lhe freedmen of Roanoke llandJiave teen notified that Ibey would receive no more aoDull' s after Mavl. and strenuous efldrtt are being made to effect their iimovai." ' The Praatdeni Monopolised. It was remarked last night at a late hour, that the Democracy were in an unusually hilarious mood. What spirit Inspired the unwonted en- .Sasiasm did not transpire till this morning, when it was ascertained that a large party of the Democratic members of ,"rth Houses of Con press had a private and exclusive monopoly of tbe Pre-jldent's time and attention at the White House during all last evening, ' Receipts from Customs. The receipts from customs at tbo ports of New York, Philadelphia, and Baltimore in the week ending April 21, were as follows: New York, $2,536,375 49; Philadelphia, $179,857-81; Balti more, $59,981-05. Tbe Derole Treatment. The Wahington correBpondent of the Rich mond Republic invokes the advent of cholera to disperse Congress, that the President be left free to save the nation. This is paralleled by the recently pardont d Nixon's ho;e, that yellow fever would decimate the Union soldiers. Tuat correspondent ought to be invited to retire from the gallCry. Sentence Suspended. The President issued orders yesterday to General Sickles to suspend the execution of sen tence In the case of five Rebel guerilla who h id waylaid and murdered rive Union 8oldits, and then robbed their dead bodies, and who ha 1 been sentenced by court-martial to be handed. Intercourse with Japan. Washington, April 28. The President has offi ciully proclaimed tha convention between the Empire of Japan and the Governments of the United States, Great Britain, France, and Hoi lund, providing for the payment to these Gov ernmeuts of the sum of $3,000,000 for indem nitles and expenses. This convention wai made in view of the;hostlle acts ot Mon-Datzen, Prince of Nagato and Stnoo, which were assuming such furmidable proportions as to make It difficult for the Tycoon faithfully to observe the treaties the Governments above-named having been obliged to send their combined forces to the Straits of Siinonosiki in order to destroy the baiterics erected by that Daimio for the de structionof freight vessels and the stoppage of trade, and the Government of the Tycoon, on whom devolved the duty of chastising the re. bcllious prince, bciug held responsible for any damage resulting to the interests of treaty powers, as well as the expenses occasioned by the expedition. Itie Governments of the United Slates, Great Biitain, France, and Ilalluud doclare in the Convention that, inasmuch as the receipt of money has never been the object of the said powers, Out the entablinhment of better rela t ions with Japan, and the desire to place thorn on a more sitisl'uctory and mutually a dvanta,' geous looting, in still the leading object iu view; and, therefore, if His Majesty, the Tycoon, wihhes to 0Ue, in lieu of payment of stf'd claims, and, as material compensation fo losses and iniuiies sustained, tlie opening ot 8iraouoaki or some other eligible port iu inland sea, It shall be at tbe option of tbe said foreiun Gov ernmenU to accept the sumo or insist on the pay ment of the indemnity, in money, under the con ditloiis above stipulated. , j . Fife In Portland. ... , Pom-land, Aprd 28. A brick stable in Temple street owned by Charles H. Adams, and oocu pied by 1L I Taylor t Co., was burned this mornlug, with five horses, four of which were valued at $1000 each, and all the carriages, har. ness, etc. The total loss is quite large, FROM BALTIMORE TO-DAY, Senator Creaswelllreiantlonai Artataat inoifira or uoiiee at Aaeuoa. Special Detpatch to The Evening Telegraph,' Baltimore, April 28. Senator Crcsswcll has a letter In to-day's uaieue, which thoroughly exonerates him from charges of former com plicity with disunlonists. i The Baltimore City Council has provided for . an ample board of physicians and sanitary com. mlttees to guard against cholera. At an auction sale here yesterday seventeen hundred bags of Rio coffee, sMjthtly damaged, were sold at twenty-two and three-eighths and twenty-two and thre rtuarters cusb, in currency. Base Ball at West Chester. Special to lhe Evening Telegraph. Chesteb Citt, April 27. The base ball match between tho Brandy wine Club, of West Chcfeter, and the Media Club resulted in a victory for the former by the scoro of 41 to 17. The victors played the Club of this city to-day, and were beaten, the score being: The Chester Club, 33; Brandywluo Club, of West Chester, 8. FINANCE AND COMMEH013 Omci or tub Evening Trlboraph, I Saturday, April 28, 1866, ( Money continues plenty at about former rates. Loans on call are freely offered at 56 per centum Prime mercantile paper ranges at from 85:10 per . cent, per annum. The Slock Market opened dull this morning, but prices were firm. Railroad shares are the most active on tbe list. Little Schuylkill sold at 83, ao advance or it Phila delphia and Erie at 8481J, an advanoe ot 1; Cata. wiBss Preferred at 25.293, the former rata a decline of li ; Reading at 621, no change; Pennsylvania Railroad at 661, no change; North Pennsylvania at 88; Lehigh Valley at 61, an advanoe of and nor thern Central at 451, slight decline. 1201 was bid lor Camden and Aruboy, 64 lor Norristown, 65 for Minohili, 80 lor Elmira common, 41 for Prcforred. do,, and 89 tor Catawissa common. Government bonds are less active and rather lower. 6-20s sold at 106, a sligbt deoline. 108 was bidforCsofl8ol;95 tor 10-40 ; and 101J for 7 30. City loans are firmly held at full prices; too new issue sold at 061 1 d old do. at 90. In City Passenger Railroad shares there is noth ing doing. Ti) was bid lor Second and lhirdj 40 for Firth and Sixth; 62 for Tenth and Eleventh; 19 for Thirteenth and Fifteenth; 42 for Hestonville; and 611 for Chesnut and Walnut. Bank shares are nnchangod. Mechanics' sold at 80; 208 was b d for North Am rica; 125 for Phila delphia; 126 for Farmers' and Mechaulos'; 64 for Commercial; 93 for Northern Liberties ; 100 for South warki 106 for B.enBingtcn j 65 for Girard ; 82 lor Western; ana 81 lor Manufacturers' and Me cbanlo , Canal shares are in fa'r demand. Schuylkill Navi gation prelerrod sold at S5 no change, Holaware Division at 60, an advance of J; and Lehigh Navi gation at 64 J, no change; 27 was bid for Schuylkill Navigation common; 116 for Morris Canal preferred ; 16 for Snsquebauna Canal; and 60 for Wyoming Valley Canal. " ' Oil shares are dull and lower. Ocean sold at 7, a decline of 1; and t-ugar Creek at 168. PHILADELPHIA STOCK EXCHANGE SALES TO-lM? Reported by He Haven & Bra. No. 40 S. Third street FIRST BOARD. SGOOUSC-20s65....1oa'i WshMornsCI 75 8Hm City 6s, new.lts 961 fet:W0 do. new. lots 9yJ 100 sh Del. Div 60 50 sh ; do... B&wn 60 i 10 sh do 60 200 sh Cata pi.. ..lots 29 l'lOnh do......b3J 293 100 sh do bUO 29 10 ) sh ao slO 'm 600 do mun 961 2C0O Alleg Co 6s... 78 I 200hSch N pt..bU3 85 I 60 sh do 85 j 2C0sb Ph & Kits bSO 84f ICO Bh do b20 841 8 0 sh do 2-H 1200 sh Reading 62 i 10i sh do...l30..62'53 200 sh do .c..lou 62i 16 sh Lehigh Nav.. bi 10 sh Penn R 66 61 sh Leh VaL.lots 61 lOOsbMecb. Bank... 80 60 sb N Central.... 451 100 sh New Creek... 1 100 sh L t Sob. 83 200 sh do .b6 841 100 sh do. , .180 811 JCOsh do e. 84 40 sh do 84 100 sh do b30 341 100 sh do b5 84 ICO ah. do b30 U4J 600 sh Ocean lota 7 00 fb do 7 100 sh Barar Ck 166 Adjourned on tbe announcement of the death of Charles F. Pago, a member ot the Board. PHIL AD' A . GO LD EXCHAUUE QUOTATIONS 10 A. M 12" 12 id 129 11 A. M 129j IP. M 128 Habpkb, Dubniy CO. quote as follows : American Oold mj American Silver, jfi and . 121 American Silver Dimes and Ha f Dimes 112 Pennsvivania Currency... - 66 New York Exchange par. 1291 122 116 45 par. Messrs. DcHaven & Brother, No. 40 South Third ctreet, make the following quotations of tho rates of exchange to-day i at l r M. t Buymg. Selling. American Gold 12 American Silver, Is and Is 123 Comnonnd Interest Notes: 129, 1241 MS lOj 8 . 6 42 " ' June. 1CG4. ... HI ... io ... loi July, 1364. August, 1HS4. October, 18ti4. Dec, im. ... May. 18'6.... August, 18115. ... Sept., 15.... October, TSU5.... Philadelphia Trade Report. Saturday, April 28. The Flour Maiket continues to be characterized with much firmness, but the transactions are limited, there being no demand tor shipment, and a moderate Inquiry only for home consumption. Tho satos reaob 1000 barrels, mostly Northwestern extra family at 69 75(il0 60 tor com mon and fancy; f 10 60ll 26 lor Pennsylvania and Ohio do. do., and small lots ol superfine at at t7j8; extras at $8"$; and fanoybrandsat 812gl6, accord ing to quality. Rv Flour is quiet, but steady, with small sales at 64 76u,o. In Com Moal no new move ment to notice. Trade In Wheat continues very quiot, but tho artiole M held firmly, aud primw qua tty is in good demand at lull rates;salosof 40 K) bu di. rod at ?2 10") 2 46 'oricomuion and lair; ?2 60J(,$2 65 for good; and s CC(i2 67 for choice. Wuie is uuohauged, 600 Dusb., moluding 8000 bush, red, so d ou private terms; fair aolu at $275. live comes ( i a ow v, and is In good demand ; sales of 600 bush. Pennsylvania at 95c. Corn continues in ao'ive nxiuest but tbe ofi'uringsj ore very small ; sa'eB of 60O0 bush, vetiow, atloa at t2c. In oats no change to no ice; sales ot 15(1 J bush, are roponed at 60c. No salosol liar.ey or Malt have been reported, Cloveiseed Is scarce, and not much wanted; w quote at 84:5:1 25 for interior, aud 61 60(ij5'75 tor In ir and choice. Tiaiothv. if here, would coummid 85-2Tl(55'fi0 i bush. Flaxseed is s I ling at $2 00 (u2-65. Whisky moves a'owlv, with sraill sales of Pennsyl vania at S2 21&2 25, and Ohio at 62 27 .2 28. Markets by Telegraph. . ; New York, April 28 Cotton is steady at 81&32e. for middling Flour is firm. Ha'es ol 8.000 bbls. at 7 2Gu9 25 for State; SiM'o12 40 for Orifoid 7'8oa' 916 lor Western; , tlOujlV 60 , for Southern; aud f 8-2(1112 04 lor Canadian. Wheat quiet: -ales uuim. portaut. Corn steady, with sma I sa.es. Bet steady. Pork firm for Mess.1 Lard Urui at 1821 cents. Whisky sUady. . , . , . . Tn Tycoon's Enterprise. A ball-casting machine has been constructed in Berliu, 3 c the Tycoon. It is capable of mauulactunug twelve thousand rifle bulls a day,