e w f
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H
VOL. V.-No. 104.
3?HIIL,A.IDEIL,1?IIIA., TXJ35SDA.Y, MAY 1, 1866.
DOUBLE SHEET-THREE CENTS.
ri
THIRD EDITION
FURTHER FROM EUROPE.
TOTJS DAYS' LATER NEWS.
HEAD CENTRE STEPHENS
FEASTED IN PARIS.
THE AlSTRO-GEKMAN DIFFICULTY
RUMORS OF A PACIFIC SETTLEMENT.
MUTUAL IMS All HI AMEN T PROPOSED
DY PRUSSIA.
AltRIVAli OF MU. l'EABODY.
FINANCIAL AND C3MMIRCIAL NEWS.
Ele., Kto.. T.tc. Etc., ., Et., Etc.
New York, May 1. The frolia arrived this
morning, with Qii'ecnstown advices of April 11.
Tbe steamer Oily of Washington had been out
three weeks, and uotlune having been hoard ot
her, heavy premiums are demanded on her.
In the House ol Commons the debate was con
tinued on the Retarm bill, but a division was
not likely lo ocsur lor several days.
II end t'enire 8 cphens lias been feasted by the
Marquis de L'oissy, in Tans.
Mr. Peaboiiy is a passenger on the Snolia.
He was warmly cheered o.i einbaik'mg at
Liverpool.
Up totne niii'U of the 2()th or Apr'.I a belief in
the paciuc a ju-t:.n,nt ot the German difficulty
grew strong' r. Tue telegrams spoke oi conces
sions bv Aiitti.u, and there were o'her rumors
leading to a cunvictim that penc would bo
niauitninej. The mud.- in Kmrland and on the
coiMu.eiit Ij!:'I itiiiteriu'ly improved under these
lac tic. iritliitii.'U'B.
The 'Jiuusuf the 21st, however, announced
tlihtil had received news that ou ttiR previous
fia.v the Kmpror ol' Austria and (taunt Meris
d r (1 , aaainst the advice of some ot trie other
miinster.-, resolved to withdraw Count Karoli,
the Austrian Ambassador, lrom Berlin, which
decision beirg niadc Known to the Prussian
Mmif ti r in A lnnn, it was expected he would
depart imn eo.ately. It is added, in exolanation,
thai Count Meiistiorll, on receiving the Prussian
answcrt.f the l.'th, telegraphed lo Berlin a repeti
tion ol the Austiian demand of the 7th, and re
ceived a Ire sh rciusal on the 1-Uh; henre a coun
cil was hold and a bold course adopted.
'J he limes believes this action la to be fol
lowed b. a signiticant military movrmcnt, viz.,
the withdrawal of the Austriau troo,is from
llolsicin, where they are held in check by the
superior Prussian forces. This would enable
AuMna to ittsume Hie olltnsivc. and the 'limes
Bas the abandonment of llolsteiu by Austria
will be regnrded as an act iu anticipation ot
war, and will cause a pcn.Tal alarm. It does
not, however, eontioer the war inevitable.
There is pi-eat activity reported in tac Aus
trian nr.vy, all vessels beiup prepared tor ser
vice. Tli ere are apprehensions ot fresh dis
turbances in Spain and Jny.
The Portuguese Chamber of Depttt'c3 have
approved ot the contract lor a telegraph lo
America by the northern route.
The liabilities ot liarnard'3 thinking Company,
ol Liverpool, uh ch suspended ou the liitn, are
estimated at 3P12'),0()0, but a favorable Uuui'lu
tion Is expected. It wa feared sotiir- lurga
failures would result In Liverpool, but it is
stated that teiupoiary embarrassments will be
surmounted.
Latest via Qucenstowiu
Liverpool, April 22. No news has yet been
received of the niissiurr steamer City of Wash
inuton.
The steamer Washington ai rived at Brest on
the mil.
The U o' e is authorized to state that the Gov
ernmeut has received no information warrant
ing a Leliet in the statements, published by the
'I mts. announcing a rupture of diplomatic in
t reonife between Austria and Prussia. The
Vienna journals reassert the pacilic airauge-
ri cut netween tuo io counting.
The Kratikii rt Diet has made a
a pi aceuble character.
The faris Bourse closed firm.
C5f.
declaration of
Rentes C7
Melbourne, March 24. The tariff has beoa
again rejected, and the Ministry has resigned.
Pabis, April 21. A telegram lrom Vienna
couliTtiis the nev s that Austria, in replying to
the Prussian note ot the loth, has submitted
propositions tor a mutual disarmament. The
proposals are as follows, viz.: Austria and
Prussia -htl each restore their military estab
lishments to the status quo which existed prior
to the lute delensive measures. That the 21th of
April be the date for the mutual disarmament.
Austria consents to disarm ou tout day, and is
even wil ing that Prussia should disarm only on
the 2(ith. The Ausir.an proposition is said to
have been communicated to Paris and London,
Where ii has been curdtaily approved.
Vienna, April 21. At the next sitting of the
Federal Diet a communication will, it is said, be
made announcing that the question of disarma
ment is in a lair wav tor set lenient.
The ship C. E. isto tert'ort, tram London for
Philadelphia, was at Queenstowu.
C'omuirrrlHl luitlilgence.
Livkrpool. April 21, Kve it(t. Cotton sa'es to
da , ll OjO bales at yes crda 's improvement, of
wtu. 1. fcO' 0 ha es wero .old to gecu utor aim ex
porters, .vlirtiiiing Up auds, 14 U li il . flreadbtuus
inactive. Provisions dull. Cofusols, 87j 87ti they
opened lower, but rallied. I n tod states five twen-lioi-,
7(ij o70i illiiiol. Centra', HO; Erie, G8
I.IVKKeouL, April 20 ISri'adsiulTs Mextirs. Rich,
ardson urd Atessia Wakutl-ld rcuort Flour verv
dml; Wl cat quit t and steady ; Corn active, mixed
lorn i8s. Hd (;r,2'.is.; whi'e i oru, 80j jiMi.
Mil 8". Ii k a ml & ltruce re ort: Ucf his a
d iwnaard teiiUoLcy. Pork heavy, Bacon flat and
Is. lower. Lard very du 1 und Htill doolimnir. Mut
ter i cnniiHl l uliow dull and Is. lower. Adiios dull ;
l' If U1 , 1'eann 87,t. siuar null ami sttll do
c'm ii . ( oil'ufl steady, liice quiet uu I steady.
Sperm Oil Inactive. Common Koiin steady. Hoirits
l unipnt ne quiet. Po'.roleum qui'jt, at 2s 5i2s. Id.
for refined,
Lo. don. Anril 20. 'Whsat firm at Is. advance
Iron quiet ut Q ICS hdteu Pljj 78s butrars
jeaMer. t'olfee firm, ami unchanged. Uico Inactive,
J t t t 8 eCii, decline. a dull, and undiauued. spirits
t ( Tui entu e easier. Petroleum steady, al 2d3d. ior
j relincd. Linseed flat, ut Ou .li. decline.
1 TL
rrldenl'i. Proclamation of Pence
nkllsb OitlMtoun ou (lie Civil HiirUta
BUI.
JFtom tht Lone on Time$, April 18,
Bo important are the question at issue between
the American Preeldoiit and CoiiKre&s, so aborbiuir
is ilif conflict, that matters of loreuu policy aro tor
thu tin e almost disrerarded. l'h re is lei Indigna
tion to be spa led lor the occupation of Uemoo and
the wroncs of the fuirltive Juarez; even tne etiauoe
of a dispute with Ei gland on the coast flahenes doos
not seem to excite ibe combative spirit of the couu,
trj. llaidly in the midst of tlie war were the Amo
ikttD people more lu'lv eniraveil In tbeirown domes
tic poiit c, and hardly then were they of greater
moment.
TLe proclamation of President Johnson, which
iVriarei ht peuce is restored In the Southern
ftows.!ft&i thitt ttivy bare agaiu euwted the (jmva
with 1I their rltrhtii and on porfoo "n'taritr w h
tloeot ibo North, must rive emtiloymont lo tne
political energy of the coun ry tor a ,oni'im to
come Viewed in tbe hrht of ieaou and hjo anlty
ti e Tiesl .cut's proclamation derye ail nrai's;
t rwed as political mamiesto it munt be judged by
the iuccuM it obtmn.. It is h'dly i.o.sitilo to dnnv
the dectnno which the Pr idont f nunols'es the
war was uudoub ed v waited, as h ft-, to ma Btain
tbe L'n on with all the dian tv and rqa ttr oi tbe
nithtsof the 8'ate nnlmnalred ana it Is eq iv y
undeniable that s soon ae these ob) cts were acconri
ii 1 ed it ontht lo cease. The Preaidout'j
0i n on re' pectin ir sUndinir armies military o o t
1 ation, tnainai 'aw, mi liary tribunals, ana thoi u
lei.iioa of the hales oorpus, win haralv b ojouo
vcrtid by any ra.onabio politician. Rut tbouiri
ir Johnson Is sa'd to have the publ c opinion ol tbo
North on bis ide. as he undoab'edly has tha' of
Kuiorje; though his policy lia' culled lnlneistonce s
strong lee-n ot craiiti de an ad m ration amouir
tbe ttouthernors, who, thonri tow woak and fallen,
mnrt one day bp poweilul friends to any ratminau
they support; et it it evident that Comrress is bit
terly hostile, arid that its leaders wul shrink irom no
nieanores to cairy out their own poller, and to
tbw ait, if they cannot punish, the r adversary. It
will tie s en Horn our Intel ienne oi to day that the
r-enate has passed tho Civil Hiiftits oill over th
l'res deni's veto by majority ot 83 to 15. It is
most oeria u that tbe iloue of ltoprcsentativcs
mil no toe tame.
This measure, which the TreMdcnt arirund against
so eneryclically and o oquently. win therelore soon
be law. It is, Iu reality a mot Important clianeiu
the ( (institution. It ovenlnow oompletuly tho doc
trine ol btato independence Ity pa.uiir it ('ou
I rf l as arroratcd to nsolt powors which nowhere
ni pear in bat sacied m cumen1 to Thicti Americans
ccminnall anpeul ItthoCvil K'ehts act be car
ried nut as its auihots duiro, there wi I bo In every
(Southern 8iate an authority ovemdin' the State
authorty, a law nu bivinir tbo Stat" laws, an Influ
ence not eenved from tho people but exercised by a
Vedeia Kxi cutiv, th ouvh a lemalatiou in which
tne tonthern ritates had no bare. There can be
only eno crmitid on Inch such a dominitbon can bo
impooei, and that i the riijht of conquest, To do the
leaders oi the Kepuhlican party Justice, they QO not
shrink lrom nrterinv the woid.
1 hey havo always h-ld that the Southern 8tates
were conquered, and that they may be dealt with
according to the will ot the victors, restrained only
ly ibe lews of mornhtv.aud not by any political
nphts which "bv bo eupp)od to beloiiff to tho van
quished It may be that the President has
not tnbio opinion at the North so much on ids side
as is believed by some ol h s friends 1' louirh the
A'lantlo cities arc. for tne mo t purl enthusiastic in
his iavor, pt tliruuhout the Males and notaolv in
the West the Koimnhcan party i most powerful,
and is likely to remain so. There is rrobabiva
si ac y tot of the tide in favor of the President, but
it wi'i tnke tinio tor this movement to bnnir to his
side a ci:r n ajority ot 'ho reop'e, and to euab e
him to wtlhstaud tho action of Congress.
Wc may iheu v a'ch his proco dinxs with inter
est, and ot serve how lor be aids or permits i ho
action ot thu machinery winch 'his aot will shortly
estallisli in every Southern State We may as-ume
that Mr, Johmon will, as Chiot ot the Executive,
f ive os little Bssi'tnuee as he can to a law which
invades tne judicial power of every Southern State
Yet. on the oilier hand, he may not think it consti
tutional to nullity such a law by any overt act. Ills
com Be most likely will be to leave tlio-ie wno made
tne luw cnorce it, If th-y can, apaimt ihewih ol
tbo pii u iitlon, nnd to hold lumso.f neutral in dis
putes which are not ol his making.
liHtinrli erttie ''Northuiu terllld', Tho
Memir V.'snl at L'.st A !( nc
ersii ( the F xtrili Attempt Ulie atle
M tin'ilcnl AiltAiie, h Vuxlnty of
llif liuituern. Kutliiisiititiu of the sipac
tniora ud Woihiurn-The Klvr Bed
l.k.djjedi loltrrttve Hr.
I'rum the London Times, April 18.
At Ii niiih, alter the fourth a'teinpt, tho Northum
luriarul ess been salely sent afloat, having r ni muoJ
amiosc to the hour aud mmuie exact. y oua uiomU
on tho ways lrom whicb it was lir-t cntieavorod to
launch her. il tue pruoarations, however, had
been muiio with the most i recise exacntudo and the
Heating and press.nir power employed around the
ship was oi use I annest enouyh to uiovo her weielit,
even when not bait wuterboruo bv the risiuir
tide Ah we have already explained, tho whoio ot
the cradle had been rebuilt and rearoasod A flota
tion power ol empty barrol" had b on lashed under
the nuws, and alt ihe o d and new-bui.t timber ouoys
wert also employed
o Iisb than Bjven hydruulic presses wero usd to
push the cranio down, aud toilit mo lore part ol'tlio
vessel. Threo ot these one ot 100.) and two ot 400
tons pressure wero placud beneath tho keol, so as
to assist in lilting tne liu"o hull lorward and re'iove
the weight where it most bore upon the launouinz
ways, i'oui other hvoraulic ram wore lixed with
iron back iiirs, so as to thrust auainst tho cradle and
lorceitdown the incline nhico led to tin uver.
Two were of 600 tons power eaoti aud t vo of 400
tons, (riving nu apgrcsato of 1S00 tons upward iitt,
and 2(i(j0 tous downward pressure towarus the water.
1 hu two smaller rams however under tne lore foot
ot tne vessel, were not much used iu (rotting bor off,
and were meant simp,y to supi'ly tho p aco of the
common wooden blocks generally usod ou tu.es
occasions
t ons'dera le difficulty was expnnoncod in getting;
the lfiryo wooden ' camels," employed to n nit thd
ve-tl astern, t-alelv fas ened under too M or ilium
btrlaiid't, quarter. It was not till near y 10 o'c ock
yotereay morning that they wore all pe-lootly
seruri u inn uruueut ot water ot tn so Immausa
buovs is only lour loot, und as they had to be kapt
down ut a depth of twenty-two lout, the diflionltv o
rc diauiiiig their buoyancy was verv groat. It wa
cvci tiuiib only accomplished by chains lixed at tow
wuier and ty buae timber struts wnich, I istouad to
the vt -eel's side and wedged into tbo elioro, at ,as
k. pt tbem in their proper nositions.
'J ne flea mg power which tliiso and tbe other
sn.aller 'camel-'" and lines of empty larrols gvo
wa equal altogether to about luuo tons. I hevesBol
itsei, when immersed at high tide, would, it was
calculated, be reduced in its weight upon the ways
bv stout 4oC0 tous more, so t at literally no greater
WHi'iit than 20u0 toes would remain to ba started, to
effect which tho hydraul o power was much more
lean equai JSiioruy alter i o clock tno voss i uevan
to ntt visibly by tho stern, and by 2j she had risen
seven inches ofl' the launeh ng-wav alt, aud nearly
en inch um.er the cradle iurwaid wtiore she is
known to have 'nipped" livery movement even
to tue eigbth of on loot was written dowu, and sent
to Mr John buy, tbo Cuairiuun of tho Company,
w o as, with a inimticr of nautical engineers,
Mipenntending, wbh sir. Lung ey aid Jir. Luke,
the op- ratioi s at the nows.
oon alter 2'80 the vosso began to move slightly,
but stili perceptibly, down the way, and in tuo
course of a le v minutes bad glided more than an
inch and a hall, and so jammed the struts wliiu.i
bad keit her upright that it was with great diffi
culty ihey could be mnovod. In Hp to ol ihco in
dication of I er liveliness, h iwever, it was very
wisely doterm ned not to give tbo signal tor work
iuc tbe lams till the river was clear, aud all else iu
readiness. S ch an opportunity d d not occur till
clo e on 8 o'clock, when tho men wore sot to wo k
at the livdrauMo presses I hero were a tow minute
ot luiei.feriiixietv as the frangs heaved ai tlionumps,
and ti e huge crowds assembled in all d routious
kept cheering, i'ben tho vessel at last seemed
to move, and as she did so she drew tue
orcbor w hicn moored her to tbe earth, and their
sudden aopes ranee creatod rat n it a pan e among tne
crowd of specators who wore standing oireotly in
what wou d be thir line of inarch it ihu vessel pulled
them altor ber. Veiy fortunately, the chain cables
were let po by the run, and as they came with a
tl undc ring ratt o out ot the hawso-boies the ortli
vtnlitrldvd glided slowly, but with tl'e most perfect
ease and regularity of motion, luto tho river. It i
ically almost Impos-iblo adequately to describe tho
eetbus'osm with which bor going oil' was y rioted.
I here had bi en so many and, we mavadd,.uo
well-lounded (ears both ot accident to the ship and
those engaged in getting bor afloat, that it BonineU
a. it tbe joy both of the workmen and spectators was
a most boundless at beholding he' salely alloitt in the
water w ithout accident of any kind.
ibe Instant she rot into the str-am the tida took
ber up the river, and thougli half a dozen powerful
tues at once grappled with l or and tried to tow her
down, they wero ior a time power ess, aud it s 'i nicd
as if, alter all, the Nurthumtterlund would go ashore
Fortuuatelv, the b'gh wind so ting against tho tide,
assisted the efforts of the steamers, and in tbe oourse
of about half an hour the ponderous hull was brought
to tbo moorings laid down tor bo", and where, ws
may also mention, a deep bole had been dredged In
the river bed, espeeially lor ber accommodation.
The ciadle and all the ' camels" still remain under
her, and the buoyancy ot some of thu latter at the
stern press her down by tbe head, and give ber lust
now a rather uvly sit upon the wa'er In the course
of to day and I bursdav, all the e will be removed,
and the A'orthumlrrland will thou be towed tuft tho
Victoria Docks, where ber engines will bo fitted by
Mr. Peon, aud where her ltu.il equipment will be
Completed.
PROBST.
THE CULPRIT CONDEMNED,
Sentence of the Fiend in Full.
EXCITING AND IMPRESSIVE
SCENES IN COURT.
Ir'rWrWVirWiVVVW
Htolld Demeanor of" tlio
XjriHoiev,
INCREASED POPULAR EXECRA
1IOAS AS AN IOIAE PROBST WAS
DRIVEN OFF It THE VAN.
Kto., X2tO., JKtO., ItO.. EtO.
Punctually at half-past 9 o'clock this morning
tbe prison van drove up to the soutn side of In
dependence Square, and Antoine Probst, the con
victed felon, emerged, and was escorted through
tbe line ot policemen there assembled within tho
grounds of the square; the usual line of raurcn
was then taken up tor the Court House, the pri
soner being in charge ol Chiet Rusglcs. An im
mense gathering of spectators aeeinoled around
the Square, larger, if possible, than on any
tormer occasion' during tho trial, tbe desire
being very preat to witness the last appearance
in public of the notorious criminal.
Owing to the stricc injunctions of the police,
the crowd weTe very moderate in their expres
sions of hatred towards tbe prisoner. He- pre
sented the usual appcaiance, exhibiting no
apparent change since la t Suturday morning,
vtieu the jury convicted liiui of niurrier iu the
first degree.
On his wav through the square to the court
house, Probst was asked if he knew lor what
purpose he was being brought to the court
room this morning. He replied iu the negative.
His uttenoant then told h m it was tortnepur-
ose oi having sentence pronounce. I upon him.
Vben he replied, "Well, 1 am ready."
The court-room was oenaely crowded, and all
ees were turned to get a last glance at the
Thug as he sat in stolid silence in the dock.
Pending the opeuu got the Court the prisoner
was engaged tor a short time in conference with
his counsel, Mesers. John P. O'Neil and John A.
Wolbert, Esqs. lie appeared listless, moody,
and, under the ci.camstanccs, wonderfully un
concerned. As the State House bell struck the
hour of ten, Judge Allison aud J ade Pierce,
accompanied by Judges Strong and Ludlow,
took their seats upon the bench.
Tho doors of the ante-room at the rear of the
rench wore thrown open, and disclosed a num
ber ot ladies, members of I iu a i lies of the Judges,
who sat there in lull view of the prisoner
at the bar. As soou as the Crier,
Mr. Dare, had op'-ueJ the Court,
Judge Allison eukl: "Vou nnve heard tbe
vennct rendered in this case on Saturday. I
have occasion to say to the uudieuce, to those
vt ho are present, that, thern must bo order pre
served in Court. Tuey must remember that this
is a conrt ot justice. I suid then that which 1
desire to repeut now, that there must ba no
expression of approbation or dbappiobation ot
anytbincr that rnav be douo here. I suid thn
Hint the Court would en'oice order, and would
punish Iu its discretion any person who would
violate the proprieties of 'the place. I wish
similarly to repeat that this morning."
The ltistnct Attorney said: May it please tho
Court. On the 18th day of April last, Anton
Probst, the prisoner at the bar, was indicted by
the Grand Inquest of the prescit term ot the
crime oi murder ot the murder of Christopher
Dearing. On the 18th of April he was arraigned,
and usked time to be allowed to consider belore
he plead.
On the 25th day of April, he plead not guilty
to this bill ol indictment, and for trial put turn
ed! upon the country. On tbe same day a fury
w as called, and utter an impartial trial that jury
rendered, on the 28tn of April, aaainst the nr.
soner, a verdict oi guilty of mutder in the first
degree.
It now becomes my duty to move the Court
that the sentence which the law of Pennsylvania
affixes to this crime be passed upon tho prisoner.
John P. O'Neill, Esq., counsel tor the deleiul
ant, said:
May it please the Court Before your Honor
will pass jnegment upon the verdict rendeted in
this cuEe, alter consultation with my colleadiie,
we consider it our duty to tilo reasons in this
case in support of a motion lor a new trial.
The reasons which we propose tiliag, may it,
please the Court, have virtually been discussed
and ps-sed upon during the course of the trial.
Your Honors nave passed upon them, and we
shall submit them during the day for tiling,
aud leave them with your Honors for further
reflection.
We consider this to be our duty in the full
discbarge ot the charge which the Court has
unsigned to us. We wish to do all we can lor
this man, poor, humble, and deserted as he is,
as wo would do lor the best in the land. We do
not wish to delay or embarrass th'i proceedings,
and we therelore submit the reasons, knowing
your Honors will gwe them further considers
turn it you should consider it necessary.
District Attorney Maun May it pliae vour
Honors, 1 pave notice to the counsel for the pri
soner that I would make this motion this morn
in?. Judge Allison This is a motion to show cause
why a new trial should not Le given. During
Ihe piogrets ol the trial, excep ious were taken
in two or three cises, to the ruliug of tho Court.
One or two exceptions were on tho empanelling
ot the iurry, based upon ihe ans wer which the
turors made to the answers by the counsel for
the prisoner.
In several instances the jurors said they had
formed and expressed opinions as to the guilt
or innocence ot the prisoner. Several of them
said that they still entertained those opinions
and those impressions. Hut upou being turtber
interrogated by the Court, every juror who was
allowed to take his seat in the bos, answered
sevirallv and dist'nctlv to tbe lorm ot question
propounded to liim, that notwithstanding the
bias ot impression, or opinions which ho might
have entertained, or did entertain, from the
rendintr ol these accounts as they were found in
the papers, each allirmed that ho could enter
the box as an impartial juror; that be could
judge the prisoner ut the bur bv the evidence
submitted to him in this ease, and be that ouly.
1 was careful m evetv instance to call the jurors'
atteutiou to tne force of tho question as pro
pounded to bim. Iu no Instance was a piror
permitted to take his seat un ess he answered
imou solemn oath that he was, in the sense I
have propounded, an unbiased juror. Aud
each juror said he could lay aside his feelings,
and by the evidence alone pass upou the guilt
or innocence ot tne prisoner.
This very question was presouted recently.
In Perccr's' cp.se that question wai submitted to
the judgment of tne Judges of the Supreme
Court, and I believe i am rignt in reporting as
4,. ilia luot tliut all lha .1ii,1(au nf tha P.ini-t an.
Bounced that the case, as ft was presented to
them, and it was uot near as strong an the opt
nlon stated hen for the prisoner tn this case,
that there was no ground tor tnbstantial ob) '.
t Oil tor a writ ol error. That quest on may bo
c nsidered as settled, not only in our own ludg
nient, but In the judgment of the Judges of the
Bnpieme Court.
'lb ere are one Or two exceptions which have
been reported, about whicb Judge Pierc J an I
myself have no question as to the correctness
of tLe ridicg as it was had upon the trial of thu
cas. The most substantial of ihe specifications
was the objection which was made to the tes'i
mmy of Dr. t-hapleigb. as to tbe char
acter, number, and description of the wounds
inflicted upon the bod es ol tho several petsons
who were lound llielcss at tho lime of tbo dis
covery of the luelcss body of Christopher
Dearing.
As a matter of the order of proof, we rejected
the offer of the District Attorney to introduce
testimony as to the time; and, under the circum
stances ol that olfcr, we thought the proper
time had not been made. We tequlred the Dis
trict Attorney nrst to prove not only that the
bodies ol the other seven victims wero found at
ibe same time, or at or about that time. We re
quired him to prove, by the testimony of wit
nesses, who tirst looked upon tho.,e luelcss
bodies when discovered in the barn at the lower
end ol the city ot Philadelphia, tbe number aud
character oi the wounds, aid, as they observed
them, when Ihose bodies were brst discovered.
Alter that ground had been made, the Corouer
having tes'ltied of the examination h iviag been
held upon the bodies of Chr stopher Dearing,
then we permitted Dr. Sliapleich to give to 'he
jury his professional examination of the bodes
ol these several victims, associated as they were
in death with Christopher Dounng.
We did not think, upon reflection nnd con
sideration, that there was any crtor In the ad
iniss'on ot that testimony, because it was simply
a further development in the way of the protcs
nonal examination of the testimony in regard
to the actual iniury inflicted upou Christopher
Dearing, and upon those who were found dead
at the same time he was discovered, merely to
permit this professional examination further to
go to the iury.
The exceptions which the counsel for the de
fendant have taken to the ruling ot the Court
In these several instances stand uuatfected by
tbe discharge oftbem which I propose to m ike.
These exceptions shall bo taken up to the Su
preme Court, and reviewed by that Court upou
the application to them tor the writ of error;
and it that Court sball think that there is any
evidence in the reason as aigued to aard thi
writ, then a more full and ample opportunity
will be given to present any additional conside
rations tbe counsel lor tte delcudunt may think
ptoper to submit in support of the allegations
ol error in the rulings ot this Court. The pri
soner, therefore, cannot be prejudiced by any
action which we may make of this application.
We do not think that there is in tbe ca-e, or
in any portion ot it, any good and substantial
reason lor further del tying the action of the
Court. I desire to say, I have consulted Brother
Ludlow nnd Brother Pierce, and tbe case as re
por'ed to Brother Ludlow is entirely agreed to
bv him. We, therelore, overrule the motion tor
the new trial.
Antoioe Probst: You stand at the bar of this
court convicted ol murder, ot murder in the
th'st detree. A 1ury of your own selection pro
nounced you, after a patient trial, guilty ol a
crime the'puuishiuent whereof is death.
Without cause, and with malice premeditated,
you took the liie of Christopher Dearing. This,
the v rdict recorded against you, establishes as
a fact, judicially ascertained, atier a solemn aud
impartial trial, in which your every right was
most carefully guarded. No one of the forms,
wbich the law has declared to be of
the substance of such a trial, iu the jealous
watch and care which it keeps over the iite of
tbe citizen and the ulien alike, bus been
neglected in your case. A strauuer In a strauze
land; nloup, but uot friendless, for the law
itself became your tricud; ptovided you with
able and conscientious couusel ; shielded
you from popular violence: watched over and
guarded your lile with sleepless vigilance; and
bythediiect interposition of its might and its
power obtained for you a trial according to the
forms oi tbe Constitution. All this was secured to
you. By none other but by legal evidence, not iu
the least degree by vour 6 vn" confession, bat by
evidence from which there was no escape, most
conclusive tn its character, you have been found
guilty of the commission ot one of the mojt
appalling crimes of which the records of civi
lized jurisprudence make any mention.
A felony ol murder unparalleled, your heart
conceived, and your bands executed; in plan
most comprehensive; in minuteness ot detail
unequalled; in execution, relentless, brutal,
savage beyond precedent.
A husband and a lather, returning to his
home, in all the strenctb and glory of his
manhood a wife and mother, toiling for the
little loved ones whom God bad given to her
lo line at her domestic altar, her humble fire
sidea companion of your daily labor, who
with you shared your bed, who almost slept in
your arms; at peace witnyou; the very breatn
of whose life you breathed your fourth victim,
an inoffensive visitor, whose sex would have not
in ain appealed to your compassion, it
compassion you posspss, had you but thoii'ht ot
tbe mother who eave you b rth. And four' help
less children of these slaiuhteied parents,
lour little ones, wha had never done you harm;
of turee ot these, in innocent and happy
childhood, you had been the daily wit
ness; li tened to their young and merry
voices, nnd perhaps have had them pluy
in conlidence and trust about you; and
tho lourth a smiling, tender, centle babe, wno
had not yet learned to lip your name, or to
know you as a stranger in that houspbold
'whose tiny, bloody garments, brought hereby
other hands, leave testimony most crushing
au tinst the monster, in the shape ot man, who
cut and backed its youngest lite away.
Of all who gathered beneath the humble
roof of Christopher Dearing, but one remains.
A little, lonely, solitary boy, saved not by vour
mercy, for mercy you had none, but by an in
terposinsr Providence protecting him from your
murderous arm and uplifted axe, with which
you sought to ill them all. A
All this you pert r in ed alone, or aided by ano
ther, it matters not which, so lur as the legal
and moral guilt ol all these murders committed
Ly you is concerned, and much tnoro, thaf, hu
man eye hath not seen, you otd with malice in
conceivable. Almost without motive you went at your
work, self-imposed, and eight Inuoccut victims
you slew. Not suddenly; not in a temnest ol re
sistless passion, but in the coolness of a preniedi
tilled design one by one, at intervals, with
solemn pause, with culm deliberation, and with
a quenchless thirst tor blood, you ceased
not until all that you set out to do was fully
ended, and you found yourself alone with the
dead. Your triumph w a then complete.
This is but a poor picture of your work, and
of this I here temind you, that you may, even
now, at this dread hour for you, realize, if it
indeed be possible tor vou to do so, the enormity
of your deeds of blood, and before Cod see, lor
pardon tor your crime.
No one may limit Ills power to forgive, but
Vou can tiud mercy ouly In redeeming love.
Man cannot, will not, dare not pat-s by unavenged
a crime so tearful as to be almo-it nameless.
Society demands protection, ami violated law
its vindication. But the Omnipotent liod bath
said, "Whosoever will, let him come." To His
mercy I commend you.
But what you have to do, do speedily; for
the night of death casts its sbudow already
around vou. The avenger of blood has folio ed
steadily alter you. and in the darknes of the
night, the Invisible finger of the Almightv,
pointed you out to your pursuers, and
justice now claims you us its own. And that
which it requires to be done shall uot be long
delayed. You had your success la the execu
tion of jonr fell pnrpose; bat It demands its
triumph now, tn the detection, exposure, con
viction, and promptest and severest punish
ment of the criminal, who has defied alike the
la of God and man, and outraged all the
nobler sympathies of his nature.
It only remains tor me to pass on yo i the
judgment of the law, wbich is that you (here
the lour Judges rose, and amid a breathless
Mence concluded the sentence). Antolne Probst,
the (.rieoner at the bar, be taken lrom hence to
the Jail of the county of Ph ladelpbia, from
whence you ctnic, and from thence to the place
ol execution, and that vou there be hanged bv
the neck until you arc dead. And may God have
mercy on iour soul !
Juoge Allison's sentence was delivered with
much emphasis, and in a very Impressive man
ner, and amid the most pro'ound silence, not
withstanding the crowded condition ot the court
room. The prisoner stood erect, and kept his eyes
fixed on the Judge. He did not move a muscle
dining ike entire time of the delivery of the
sen'euce, and at its close quietly took his Beat.
When asked the usual question, whether he
had anything to say why sentence of death
sl.oulri not be pron nnced up-n him? he re
uiaikcd that "his counsel would say all that
wn-i necessary."
Directly after the sentence he was asked by
Mr. Eben, the Court Interpreter, whether he un-de-Mood
the sentence. Probst replied, 'I un
derstood all the Judge said, but he did not say
when I was going to be hung."
The removal ot the prisoner from the court
room was the signal tor toe most deafening
and vociferous shouts on tbe part of the Im
mense multitude assembled on Sixth street, and
as the van drove rapidly otT, followed by a body
ot policemen on tho run, the groans and hisses
were at their height.
Never more will Antolne Probst see-tho light
ot heaven except tbr nigh the bars of his cell
window until he is led torth to the scaffold.
In order that tbe populace might ce enable!
to obtain a last giance at the features of the
prisoner, he was not, as usual, placed inside the
rrison van on the way down to his cell, but
took a seat on tuo driver's box. between two
police officers, much to the gratification of tho
exc ted throng that lined the street from Ches
nut to Walnut streets.
LEGAL INTELLIGENCE.
District Conrt No. I. President Judge Shars
wood James feuiitb vs. Theodore Aoams aud lioorgn
h. I.ovis, tiading as Adams & Levis An action of
trover to n cover the vaiu oi certain Five-twenty
Limed Mab s bonds, alleged 10 have been deposited
with Ibe de'enuauls by plaintiff's agont, but which
were convert' d, as is a leeed, by defcrdauts to their
O 'DUte. the amount of the bonds deposited wa
thirty thousand dollar. On tral
lilhitlt'i 4 unit' Ao. a Jadiro Hare
V lllism Harcan vj. William Gibson An act ou on
the case to recover damages against the defendant,
who was a constable, tor rerusUg to al ow tbo ulain
t if ibe benefit ol the exemption law, after it had
been claimed by plainiifT. The defendant was a con
stab o in tbe ouice ol Alderman Ouiry, of tha
Twenty iourib VV oid, and the execution was in his
bands under which t' e levy was mde Oa trial.
Ve tvali vs. Schorzer. An aotlou to recover the
ruin ol ilOOO, al eged to have Deen deposited with
defendant bv i laiutifi as secnniy lor the lease of the
t aliowhill Street Ti.eatre for a term of vears. It
Wbsal'Oked that the dolendaut re-entered the pre
ruiaes oe'ore the exp ration of tho term. I ha de
le nee alleged that the D'auititT fail' d to comp'v with
tho covenants of the lease, lioloi e reported. Verdict
ior p'a miff tor CU80
ouri t iiuimnn Plenn Judge Plorco.
Tltlow vs. fitlow. Ai-sigueii issue to determine tne
validity of a will, it bein ; alleccd that the testator
was ot unsound mind On trial.
FROM BALTIMORE TO-DAY.
1 b Amerfrnn Medirt Society Beef for
lle Premddol, Etc.
Special Despatch to The Evening Telegraph.
Baltimore, May 1. The American Medical
Convention, numbering about five hundred dele
gates, from nearly all of the United S'.ates, con
vened here to-day, in Concordia Hall. The pro
ceeding aud discussions will be important.
A cut of show beef, from oxen presented to
the Southern Relief Fair, cost'ng fivo hundred
dollars, has been purchased to be sent to Presi
dent Johnson. Other cuts sold lrom one hun
dred to three hundred dollars each.
Large numbers of our citizens have gone
"M a ying"' to-day, and some have departed on
gudgeon fishing expeditions.
Destructive Fiie.
Thorald, April 31). On Sunday afternoon a
file broke out in the tailor shopot James Miller,
and destroyed three shops and neaily the whole
ot Front and Claremont streets. The loss is
ettimated at $260,flOD. The principal suil'erers
are James Moore, A. Schevaller, and W. B. Hen
dtrshot. Forty to fifty families are rcudorcd
houseless.
Sentence ol a Pi is oner.
Toronto, C. W., May 1. Dr. Gustaff, late of
New York city, who attempted to poison a man
named McKinnon here several months ago, was
tried yesterday and found guilty. He was sen
tenced to fifteen years imprisonment in the
Penitentiary.
Burning ot a Steamboat.
Cincinnati, May L The steamer t7(&6ons was
butued at Ilirschman's Lake, between Augusta
and Savannah, on Friday last, with 600 bales of
cotton. The vessel and cargo are a total loss.
Death ot an Old Editor.
Boston, May 1. William W. Clapp, Esq., died
yesterday, aged 83 years. He wus formerly a
well-known editor and printer.
Arrival of the City ot London."
New York, May L The steamship Oily of
London has arrived from Liverpool. Her ad
vices are anticipated.
The Pennsylvania Regimental Standards
IlABBisBriia, May 1. Tho following Generaj
Older was l-sued lrom headquarters to-day:
Hradquarters Pennsylvania Militia, Har
risbcru, May 1, 1806. -Geueral Orders, No. 6ti.
By it iint resolution ot tbo Legislature, ap
proved May 18, 18G1, it was provided that tho
Governor procure iceri mental standards lor all
tbe legtmeuts formed or to bo formed In Peun
syivauiu, upon which shall bo inscribed the
number of tue regiments, and palmed the arms
of this Commonwealth: that all these stand
ards, after tho present unhappy Rebellion
is ended, shall be returned to the Governor,
that they may be carefully preserved by
the State, etc. On the 4th day ot July next
these regimental colors will be formally re
ceived by the Governor in tbo city of Philadel
phia, in accordance with arrangements male
by the committee appointed for the purpose, to
be deposited amongst the archives of tha Com
monwealih, there to be sacredly preserved and
cherished as emblems ol the patriotism and
devotion oilier sous, dead and alive, to liberty
and the Union the solemn ami eloquent
record other high appreciation of their heroic
services in the field, as mementoes of bravo men
and noble deeds. All generals, regimental, and
and compauy oflicers, all non-commissioned
oilicers and privates of Pennsylvania, tn service
during the Rebellion, are invited to take part
in the ceremonies of the occasion.
Bv order of A. O. Cubtin,
Governor and Commander-in-Chief.
A. L. Rcssbll, Adjutant-General of Peuna.
FIT T II EDITION
WAR!!
HIGHLY IMPORTAMT NEWS.
SOUTH
AMERICA
MEXICO.
AND
BOMBARDMENT OF VALPARAISO.
LOSS, o,ooo,ooo.
Niv Yobk, May 1. The steamer Cbsfa Rica,
from Asptnwall April 23, brin.gs 11,318,000 In
treasure, and fifty Cal.tomia passengers. The
Golden City brought down news of a fight at
Jamiltepec, In the Btato of Oaxaca, in the latter
part of Febrmry, between the Imperialists and
Liberals under D.az, in which the latter were
successful, driving the Imperialists before them,
capturing 700 musket?, 5 cannon, 45 boxes o
ammunition, 200 mules, and a lage amount off
money.
Valparaiso was bombarded by the. Spaniards.
The town and $20,000,000 of property wero de
stroyed. Great blame is attached to the British
and American Admirals for not interfering with
their ships to proventthis wholesale destruction,
instead of leaving tho harbor.
THE NATIONAL CAPITAL
Special Detpatchcs to The Fvening Telegraph.
Washington, Mav 1.
Kr. Seward's Opinion t'-uocer ulny Be
cuumraciiou,
A casual conversation, to-day, between Secre
tary Seward and a gentleman from Virginia,
may throw some light on the former's opinions
concerning reconstruction and Mexico. Mr.
Seward said be had lately received a letter,
which bad been forty days on the way, advising
him to act cautiously in the French and Mexi
can imbroglio, because of tne strong probability
of a recommencement of hostilities between the
North and South. The visitor assured Mr.
Seward that, so far as Virginia was concerned,
he need have no apprehensions; when the Sec
retary replied: "Nor so far as any part .of
the country is concerned. The country has
bad enough to last tt for a long time. An
intelligent and virtuous woman, who ' has
taken the first step in a life of shame, never
ceases to deploro her misfortune; but an indo
lent, ignorant woman will continue to taxe
many such downward steps as long as she lives.
Such a country as Mexico may be given over to
political revolution and war, but a virtuous, en
lightened, and exemplary country like the
United States will not be likely to repeat such
folly very olten."
Summer Residence for tbe President's
I'm unity.
In view of tho approaching hot and sickly
season in the capital, rooms are being fitted up
for the President and his family at the Conti
nental Hotel, Long Branch, Now Jersey. ' The
family will probably repair there early, leaving
tbe President to follow on the adjournment of
Congress.
The Public Debt.
The public debt statement, to be issued In a
day or two, will show a decreaje of about six
millions during the month of April.
Tue Case of Ihaui Henderson.
A case which bus occasioned considerable
comment in the West has, within a few days,
been 1 rough t officially to the notice of the Pre
sident, by reason of misunderstanding among
both civil and military oilicers as to the purport
and effect of tho Peace Proclamation. The case
which brings the controversy hero for Execu
tive action is that of Isham Henderson, one of
the proprietors of the Louisville Journal, who
has been arrested for alleged fraud as an army
contractor, and Is now being tried before a
military commission in Nashville, under the
act of July 17, 18G2, giving military commissions
jurisdiction of trials tor frauds by army con
tractors. It appears that Malor-Gencral
Thomas, by telegram from Nashville, on tho
23d Instant, ordered Major General J. C. Davis,
at Louisville, to arrest Henderson, and send
hltn to Nashville, and "obey no writ of habeas
corpus in his case;" that the arrest was made;
that a writ of habeas corpus was issued by
Judge Ballard, United 8tates District Court,
directed to Lieutenant-Colonel Coylo, who had
Henderson in charge, who, under tbe order of
General Davis, hts superior, responded that he
could not obey tho order, because he had positive
orders not ta do so; that thereupon Judge Uadard
ordered an attachment for General Thomas,
Geueral Davls.and Colonel Coyle.forcontempt of
court, returnable upon a day fixed in May. In
the meantime, Henderson was tuken to Nosh
villo, and the matter was submitted to the Pre
sident, who on Saturday last simply directed
thutthe triul before the Military Commission
proceed, Inasmuch as the special authority for
the same ts found Iu tho law beforo cited of Julv
17, 1802. The President does not, however, de
cide that tbe writ of habeas corpus shall not
nor should not have been obeyed. It was a mis
take in the oilicers to refuse, to make prompt and
respectful response to the writ, by setting firth
all tbe facts, and especially the alloca
tion that Henderson was in custody by virtue
of, and was tJ be tried under, the law be'bre
named. I have authority for saying that the
President regards the writ of habeas corpus ai
fully restored all over the United States, exnot
in Texas. That in all cases where the win is
legally issued It should be responded to as above
suggested, But the restoration of the writdoea
not prevent the trial by military commissions,
under the law of Congress, of army contractors
tor Irauds. Nor does the Peace Proclamation, of
itself, suspend or make void any trial that bad
been actually commenced prior to tbe promul
gation of the proclamation.