Ta7 1X7HT7I TTTT RT TA LL V JTLalNi JilNJ Ujt VOL. V.2so. 110 PI-IILA-DELIPIIIA., TUESDAY, MA.Y 8, 18GG. L OVULE SHEET-THREE CENTS. nr tutted TPTr "R7rniT5 A 7PTHT fchrlsty Will Case i;i 2Cy York. Decision by the ru premo court Ceneral Term- fho Will Made to Mrs. Millf nU Qnd void "The Property Left to Mr Christy's Wife Ad Children -$150,000 In volved. SrFHijiB Coukt Gk.nkkal TtnM.-Before Chief Juxtico llmiiurij, luurahum and Sutherland. Harriet; K Christy and Kdwin B. Christy, appellant, aain-t J'oris U. Clark, I'ctir Uilsey, and John J. Isathau. Proponents ol a paucr writing purporting to bo the luRtwill auti testament of Ki .via P. Chr.sty, oiceawni. This is the celebrated will case arMno- from a paper-writing called thovtiliot KJwin I'. Chrntv, liiiin'iurly kuuwn as the originator ol norrro miu mrulKy, who committed suicide ou the 9th day of Jlay, 1802; by the apor iu quisiloo, his wile and children were excluded, from all bonefitor his pro perty 1'aiiH O.Clark crew tliu alleged will, and claims to be executor tin reumlor. 1 tie opinion was delivered by (Jhlul Justice Bur rard. l.iit'O questions have boon raised and armed; 1. Whether Harriet E. Christy was tho lawful wit', and r.iiwlu it. mid v itliu.ui A. Christy tho legitimate ctiiidreu and hens ut law of ,dwin i'. Chnstv. deceased, or not. 2 Whether a paper purporting to bo the will of Jul win 1', Cnr.st was executed wlnlo ho was of houpil iIjbi o-iiu tuind or not. 8 Vt liether siiid psiper vns procured to bo cxe cuitd by fuid Edwiu i Chnstv by lraud or uudue influence or not. Itoin tlio return ot tho Surroiato It docs not ap- ficartl at he considered or pa -so on the M. stques lon. Having touud tho protiouadod as a will to have been duly executed, it became necessary for him to pass on the lirst ques.lon. l h) recital in tho .surro gate's docreo therefore assumos and asserts that Har riet . wag the lawful wile ot Kdwiu 1. Chris, v, and is now bis widow, and that William A. and Edwiu U. are his legitimate children and heirs-at-iaw. Although this recital is not a uecis.ou ou tne point, yet ii shows that me Surrogate, Iiuv.uk concluded to admit tho paper to probate, asuuied, lor tlio pur poses ot the li iuatiou uolore him, that Uarriet E. was the lawlul wile of Edwin P. Christy, aud is his widow, aud that William A. and Edwin B. aro his legitimate chi ureu and heirs-at-law. This Court canuot, theretore consider th tir-t question with a view ol reversing the Surrogate's decree, as he has not passed on it. xor can thi Court, for the purpose of sustaining the dcoision below, examine, ihe evi dence to determine wtiottier Harriet E wasthewilo and is the widow, aud William A. and Edwin K. the legitimate children and heirs-ai law of Edwin I. Chrity, lor that would make this Court on appeal a couit ol original jurisdiction pro tanto, and to deter, mine here. lr tue lir-t tuuo, ou printed testimony, a question ol tact which the parties have a right to have detci mined, in the first instance, by a tribunal that sees the witnesses and bears tho oral proot. This lirst question Is, however, of considerable importance, as beating upon the other two, and aid ing in their decision, lu this iew, the Court may examine it tor the purpose of sciuir what proba bility there Is oi tne appellants sustaining the aiHtuiative ol the proposttiou ou are-trial. For if such probability be trrcat, then, lor the purposo of considering tho second and third propositions, the alhrmative of the lirst proposition must, on this appeal, be deemed as a louud fac , especially in view of the above-mentioned action oi the Surro gate in this proposition It is well settled that marriage .may bo proved by evidence of acts of recognition, iratrimonial co habitaion, genera roputution, aud declarations of tho parties: Jiose vs. Carle, 8 l'aigo, C. tt 674; mutter ot lavior, 9 l'aigo, 611: Clayton vs. War ned, 6 Bark, 2H, S C , 4, N Y, 230. In Maxwell vs. Chapman, 8 Hart, 679, !t was held that the proven facts, that they weut from homo avowedly to get married, returned, wore received into society, and lived together as husband and wile for several years un it the muu died, were aoun oant to prove the existence ot a Miarnage. Under tho.-e principles, the cvidenco in favor ot the mar riage between Hornet and E. P. Christy is cortainly Very strong. The le tcrs written bv blm to lier are very strong. The lirst one read in evidence is (luted August 15, 1M6, and is addressed to Mrs. E 1. Christy. Thoro is nothing pttcuiiar in this lettei. In his letter of Octcber 0, he says: "I presume vou are ionosomu, linriiet: nut you are loo fah to suppose that I will get weaned from mi family." In this letter ol January 16 1S43 he says: ''Do not bo foolish, Hal., and worry youiscll with your lolly of ima.".iuings." In his letter of January 27. 1848, he iavs: "Has Sir. Miller put that plate witu my name on it in sur pew in the church yet? ii not, speak to him about it. I regret to say that 1 do not p aco that conlideuco in you which a person i-hou d, w 10 is connected by such ties as we are." Avain: -'.My absence, in my business from inv family is no inceutivo to produce a want of affection ; on the cout-ary, that very f'aut should endear them more to me 'lis a natural re el; 1 ; and nature is my Uod " In his letter ot Maicu 6, 1848 he ssvb: "I some times think 1 wll pureliute a house and lot there lor tho Intnl. y." In his letter of March 16,181?: "As regards my coming to Buffalo, 1 am not purticu urlv anxious 10 see that city unless It ii on account o. my family." Again: "0o to church, servo Cod, and take good Cp'o ot your health." In his letter of March 26. 1F4S, li savs: "I am p'ei.sed to hear of Mr. liigeroli' ati.niion, also vour invitation to tho sewing society" In hi letter of April 8, 1848, ho says: "I am glad to have you make tl.e acquaintance of respectable prisons, and 1 do not object to your visitiug such; i you weto young and beautiful, Harriet, or a lump of gold, as you say, 1 would not bo more anxious to see you than I am, but my businca would go to the devil If I should leave it one day." In this letter of May 8, 1848, speaking of the illness of his son, 15 ron, bo says: "Uod knows, 1 hope that his situation is not so bad as you think It is; were he to be taken away from us now, it would bo a lo.-s we could never replace, and a source of uncon trollable grief. You niutt not worry yourselt too much, Harriet; remember, let what happen, you will lave tho consolation ol knowing that you have always done your duty by your children, and that no earthly want or care wag required that was not in attendance." In mis lottc of May, 8, 1849, he savs: '1 am pleased to leurn 'hat Mr, liiewhall has raid that note; you need net be uliaid ol my lending lino any more. 1 have solemn y pledged myselt to lend no person any money ot uu amount above tuu dollars, without the best k ud ol stcuiity," Hesides tle extracts, the who e tenor of tho lot teis is such as to lead to tho conviction of the exist ence of marriage relations. I'hey do not con ain ttose strong expressions ot love aud affection which . a young man would address to his betrothed, nor I wn ch a man would aduiess to a mistress of whom be was passionately enamored ; Lut thv show that deep leeling of mutual into, est in tho a flans of each other which is neer found outride of tho re cognized domestic relations. What does ho mean by the expression, "United by such ties as we aref" Does he mean the tie of a kept mistress? Does be desire big kept mistiest to imx in resectable society and take a pew in church, with a plate on it, bearing his name? Does ho exhort his mistress to go to ouurch aud fear Jod? Wnat does he mean when he refers to bis family a no thinks of buyinz a home tor them ; is it bastard children and a lewd woman? Who would express such aux ety about his lending money but a wile? To whom but a wne would he, In order to quiet ruch anxiety, write that he had pledged himself not to loan? It is scarcely possiblo to draw from these letters any conclusion other than that of the existence ot marriage rclutiOLB. But there is, in addition to this, considerable proof that thoy were kuon n among thoir iriunds and acquaintances as husband and wifo. His mother aud oue of his brothers know of aud rooog n.zed tho relation. His mother, in her letter oi Sep tember28, 184S, to Harriot, winds u-, "Adieu, your affectionate mother, It. Cuuiptv." Oue oi his brothers, In his lettor of April 19, 1849, jaddre-ges Harriet thug: "Sigier Harriot." Fur Tier, the wltnets Walker aud the witnegs Campbell testily to admissions made by E. 1". Chnty aud fact connected then Willi so circuiiiHtantiullr a tn loavo but little questiou as to the honesty aud accuracy of luuir leeuiuuur, These various classes of proof, not to mention nu. merous other matters running through the testi mony, such as the presentation to Harriet of a locket inscribed "E 1. C. to bis wife." urn uli.arlv alum. daut evidence, under the principles of law above laid down, to sustain the allegations ot a marriage leiween Edwiu 1. Christy and Harriet. But then we have lurtherthe testimony of Harriet herself. who S'veais positively to the marriage, and her story as lo wno tno ceremouv was performed bv. th p'ace wlKTelt took place, aud tho wuiiwevs who were rr sent coincides sub fanMnl'y with fie testi mony ot ii e witnesses Walker and ('Rmnholl. Tho testimony of Harriot was objected to aa in Competent j but it having beou received, we mint consider it, and, moreover, it was ciearlv competent in behalf ol her son, under the principle of tho 'aw I Chamberlain vs The 1'eop'e. 2i) N, Y.. 85. A mar liagntluiB proves by the direct cvidenco of on-o' tie larties thereto, and bv tie vanou causes or prowl above mentiont 1, requires strong evidence to controvert It, especiatl when there Is issue horn of t.io parlies between whom iho marriago is alloged to havo takon p ate. In this ease it is contended that (here are objec tions wlncl' destroy tno force ol the evidence abovo referred to, and that there aro laets which sho v that such marnHfr could not havo taken piace. These Objco'inns and facts are: 1 that in none ol the le'trs to Harriet does Chr's y call her big wile, or style himsull her hug band. 2 lhat Harriet at the time of the alleged marriage with i br sty was married to ouo Harrington, who was f'tn alive. 8. Ti nt Harriet has stated that (he was nover mar Med to Christy. 4. That although Christy abandoned Harriot many yours ayo, and lived with another woman, ytt Har riet took no proceedings. 6. lhat Christy has since married another woman . The ur.-t objection is almost too trivial to notice; persons have different wa s of oponing and closiug their lettei b, and vary that from t'ms to time. Out of three letters in evidence, written by Chri-ty to li s son Byron, in nono does he call him his son, and in but i ne docs hcBtylo himsell lather; aud 'he sanio reniorK is true of twentv lot t. 'is writt n to William ; yet there is no question that he was tho father ol these two boy. With respect to Ihg second objoction, this rests upon proof ot admissions and reputation, riven by John KoDerts, IS at ban Harrington, Joseph Cooloy, Loins I ooley and Catharine Roberts. All i ho ovidt nco tends to show that Christy wag an irritab o aud violent man. and sho niay have teaied personal violence to lioiselt and children at his hands, or mav have ieared that any action ou her part would so still further incense Christy as to inter lore with the pinspects of her children, by ren dci'ine the return of the father's natural affections mote improbable and uncertain. A child's wellare and solicitude for its future welfaro are a'ways up permost in the thoughts of a mother, and lurniBheg tho main-spring to her actions; or, arain, she may havo been waiting with patient resignation ior Christy to tire ol his new love and roturn to the old affection exhibited iu his letters to herse 1 and hor sons. If she hau taken anv proceedings, what cou d sho hove obtained? A more suppoit lor hersoil, and run the chance ot ruining the piosnects ot her chil dren, and putting up an In -uporablo oar against a icconcil ation. tne lorbeuranc" of a woman and a mothos, undor tlie-o circumstai cos, sho doubtless, uuaware that such forbearanco would have any prejudicial effect suouiti not no lecuiveu too narsniy. lth repard to the filth oojection: This i of a negative diameter; it is that, it Christy whs mar neu to Harriet ho would not have married Mary, as that would in vol vo bun in the crime ot oiiramy. To sustain this objection, the marriage with Mary must first bo shown. The evidence to sustain this is ol the sauio chui actor as that to sustain tho marriage with Haniet (the dcata-bed seen is not now ie ferred to); it is strong, hut not stronger than flint adduced on benali ot Harriot It is true, the letters to Aiary are S'lrued "lour loving husband," and he si eaks ot Marv in them as his wifo: but tbnir ireim. ral teuoi aud internal evidence is not bo strouir as those to Harriet, and oue of those to Harriet is ad- ar'ssea Mrs. E r. Christy. It is true he introduced Marv as his wife; bo ho did Harriet. 1. is true that in a casual and seom- ingly ioklne wav ho told Eliza Pratt that tin nnri Mary had got married while they were off travel ling; he also told Waif or and Campooll, in a much more serious way circumstantially, that ho had mar- neu unmet. Jf the evidence adduced to nrove thn mnri-Wn between Chnstv and Mary is sulllciont, it is difficult to perceive whv tlio evidence adduced to orIiiIiIIhIi the marriaue between him and Harriet in not nlm sufficient, And as the classes of evidence to eunnort the one are the sumo as the classes to sapporc the other, tbero can be no prelereuce in tavor of the last one. But tuen ther" are, us in the case of Uarriet, certain matters casting suspicion on this marriage of Maiy. Why, if she were married at Ithaca, did sbe have a marriage ceremony performed when Christy was in extremes? Was it because she anticipated trouble iiom nunicii one Know an auotn Harriot when (he mairied, as alleged, at Ithaca "Why did she not then anticipate trouble, and guard against it? Again, ii sue wore Cnnsty's wife and possessed wilely ietliUKS,why did she, whil-excIudintChnsty's sons Irom their father's presence lor lear ol exciting him, impose on him tho excitement ot a marriaun ceremony ? i ne presumptions spoken ol in the 4th N. Y airainst a lot mer marriage proved bv r uutat.ou in favor of a subsequent marriage, proved by positive diiect evidence, bas no application to this case, for bero there is no diiect evid-nco of tho second marriage (wxcluding tne death-bed ceremony), and the testi mony oi tno niiuifoer wuo periurmcd the marriage ceremony tn extremis, leaves great doubt as to whether It was ever purlormod before, besides tho acquaintance which it is claimed ripened into tho muiriage with Mary confessedly commenced in a meicir. cioua intercourse. ft tho death bed ceremonv. fconcodinir it lo have takenlpluco. which 1b disputed), it can hardly ne ex pected to hove nuicU inllueiiee on the question of the nnirria.e with Harriet. It was performed when tho inun wus in. extremis, helpless, surrounded by Mary and hei friends; when he wag apparently oblivious, not oniy oi liarno , put oi ins children also. A marriage under these circumstauces can afford no presumption against a previous marriage. a iew words ou this marnaire ceremony perlormod by the minister. Ihe minister Bays Christy said it had long been hit wish and determination to have this marnaire coremony pel formed, but that some thing or other had always occurred to prevent if. iUthcr a singular statement tor Christy to niuko, it, as Kliza l'ratt swears, lie had married Mary, at Ithaca, years before. laking the whole of the evidence on this point together, it is evident that there is great probability of a jury finding that Christy was married to Har riet, and, therefore, it must be assumed (as the Sur rogate seems to have assumed), in considering tho second aud third questions, that Curistv was law fully married to Harriot, and that Willium aud Byron were his lawlul sons and heirs-at-law. 11 the Surrognto had decided that t hero was no marriage between ChriBty and Harriet, I think such decision would havo boon against the woight of evi deuce; at all events, that the teg'mony is ot such a character as to render it expedient to have a verdict ot a jury ou it. In the caso at bar it appears that Mr. Chrls'y while laboring under a lit oi disunity, lumped out of a window, striking his head on the stones billow, and so severely injuring bunseli as to cause paialysis from tho ut ci down, and to result in death twelve days afterwards. During the whole of this twolve davs his only sus tenance were liquids, aud he was obliged to lay on his back in one position. This statement naturally leads to the conclusion that lug mind on tho tenth day was materially ini tialled aud weakened, aud I understand tue medical testimony, although the doctors widely differ in many things, sustains the natural conclusion. The great preponderance ot tho meaical teitimony is that Mr Christy, on the ninth day, although possessing consciousness, could have had but little memory and less reasoning (acuity. Does the evidence of what Christy actually did and said after the injuries controvert the medical opinions? The mutter testified to by these witnesses all come. w ithin the principle laid down bv Hit John Miooll. They are either rational answers made to some simple- questions, or they are requests for nourish ment, or they are short romarks on his memory being suddenly aroused bv the sieht ot some laminar person or object, or bv some familiar sound. 1 his all shows it is true, some consciousness, Out not necessarily, as Dr, Kogers woll expresses it, Bane consciousness. Nor do they show a Bound dispos ing mind under the orinciplos laid down by Mir John Micoll. The testimony of the dootors who at tended him, and their examination as to his sanity, is liable to the same criticism. Christy gave rational answers to questions put. What those questions wero we are not informed; nor can we toll what degree ot rationality tho answers involvod. Here it is proner to remark that whore ttm eonrf I- tion of a deceuuent is such as to render it necessaiy, in tne luogment ot thoso in whose favor a will is to be made, io have a medical consultation and opi nion as to his sanity, lull and strong proof of a ais DOSing capacity should ha nxiiiirnri. Thus far the evidence agaiust Mr Christy's having a disposing mind. Very strotiirlv urennntlorataK. The only remaining evidence to bo considered iu this conucct on is tne testimony given by oue of tue ex ecu tors and the two subscribing tyitnexsos. These witnesses s wear to a state of tacts which, if Biauuiup biuiio, wuuiu, it tuoir statements are to be received without many grains of allowance, be in one aspect ot tne case sutlicieut to establish the coin pvtvuvy of the toetatori T' r y swear to a prolongod conversation and an tmo nt ol mental exe nou on the part ol Chriny v nit h, in vie v ol Ihe other testimony, is, to say i'in least, extraordinaty. It may well be thatCurisly mat e, answer to question put to turn, but that he possessed sutiicieiit tcnsonuig faculty to himsol to oni'n ate an '(lea respecting the will, is c nainiy not. to ti- ooked fo- under t p circums'ancos of this case. One oi i be witness! g is one oi tho executor, a iawj er, and theclilet paity pressing Hi" probate oi the will: ai other isoneoi ho r-utHcribing wit ness! g. a lawier, and attorney or one of the execu tors; the thiid I the oilier si b cr blng viitno-s. It will be perceived that all those w. tnc-.se hivo a great n teiett in sustaining the win-tho layman to avoid the in puiation of having wnno'Sim a wi I iiiaiie )v an incompetent p rson, and tlio two lan- yem in seoi ion to tins, tno further interest lu cstab ish eg the cause ot their o lent. 1 he witnesses its nying unoei the olnsof this interest would naturally give fo their testimony a shade ami colorn g in support of that bias, and this even inno ct ntly. Under the Influence ol this bias ono ot tho witnifses 8ears that Christy ho d up the will in Ins lianas, looked at it and smiled; wlme it is mcon teslab y proien thit by reason of paralysis, Cnrmy was unable lo move his hands. Anoll er of the witin bm b swears that Christy, in orucr o show how much bettor b was, smiled, and moved bin hatl Horn side to ride, making a remark at tt e si mil t m, wane all tho testimony shows that such movement of tlio head if possible without pr-j-men death, would prouuee great pain. It under the influence ot bias, tho wi nesses wou d innocently swt ar to these mutters, it is not un'oasoi ab e to con clude, under the whole estimouy in the cae, that the) l ave also ju t as Innocently put in Chrs.y's n.outh luiiciiage which emanated Irom others and aser.oed to him a powoi oi ratiocination whicu ho dt'i not pos'fs-. In n y vtt w, the evidence of these witnees is not, muter i.ii the circumstances ef the case, sufficient to cany tho paper and question to probate without, at xait, a vemiet oi a jury. Under another aspoct, tho tos iiuoii) ol these witnesses even supposing that it ccr.ectly d tai s tho cucumstances, without any coloring or deviat on fr. in tne exact lacts, aud g not contradicted in tho s lehtest degree would not, under the authorities c ted in this opinion, bo suffi cient to carry this paper to probate. During the whole of Chnsty's nliies, and while the will was in course oi preparation, no allutiou is made, cither by him or any person, to wilo Har riet (tiic term wile Harriet is used for the ica-ous hereinafter named) or his gons, showing, as herein alter stated, that he had not the memory of who were the proper and natura' objects ot dig bounty required by the above-cited authorities. Further than this, his sons were not only not invited to attend, out were excluded and this, too, whle comparative strangers, os Lowell, guild grass, and Morgan, wero admitted to his pre sence Judge Deni., in his opinion in tho Hop. per case, says: "1 t.iink, alter it was soon that Ik was dving Irom an accidental injury, it was tho duty ot one.staudnifi in such a ro ation to Inn as Mr. Minder did to omieiivor, ut lea-t, to put him in com munication w th thoso who bad a natural right to protect him." Assuming (a has been frequently said we must in this branch ot the case) that Harriet was lawfully man led to Christy, and that William and Bvron were his legitimuie sons fund hoirs-nt-law, Mury stood in such a I osition as to render it her dutv to invite his sous to attend, rather than to exclude them. In conclusion, considering the insanity which led to Ihe injuries resulting in death twolve days after they accrued ; also the paralysis existing d urine the wioieoi mat t nio: also tno great weight of the medical testimony against the existence ot a sound and disposing mind: a so tho necessity deemed t exist by the persons in whoso lavor tho will was made tor a m.aicat examination as to sanity; also ihe exclusion ot tho sons Irom tho presence, of thoir faher while the will was in contomolatlon ; also that deceased, while lvllig on his death bed and confemplat np making a will in view of speedy dis solution, nevr once reterred to his wifo Harriot (the term "wile Harriot" is hero used because the Surrogate so assumed, and because in the lore part of this opinion it is held that that tact must be ex amined in disposing of i his branch of tho caso), or to his sons, fo whom, ho lying on that death-bed, must have referred if in a sound disposing mind, sinoe in that tvent his memory must have naaanri hi. whole lile in review, aud, chastened by tho hand of God. wou d have reflected on the injuries he had done them, and have endeavored to mako some reparation, or, it still stubborn in spirit, would Irom his very naturo have made some remark iivtica tive ot his anger towards them Considering all these tilings, tho question as to the validity ot this al ovod will should at least bo submitted to a iurv. Dnrtrpn of Surrogate reversed, with cost' of appeal to appel lants, whilo tlio events and issues directed to be tried by jury. 1-sncs to be settled on no; ices. lion. Charles K is mil b, Benjamin L. Blankman, counsel lor appellants, Harriet K. Chnstv, I'aris U. Clark, executor and counsel for respondents. JEFF. DAVIS. No Indications of Ihe Speedy Trial In Virginia of Jell". Davis Ilia Wile Finds bis Ilealtb Fr IIIuk and will Aiily lor Ills Paroln of tb Fort, Ktc. Fortress Monroe, May 5. Monday next, as is well known, in set down for the opening: ses sions ot tue United States Court, in Norfolk and Kit hinonti. The recent positive assertions in so many puper that Jell'. Davis would be arraigned tot trial in this court, In oue of the places numed, show, at the present time, so tar as 1 can leurn, very little promise ol tulhlmcnt. In Norolk. I am told, tnere are no indi cations whatever of his beins tried, and though am not so positively advised regarding the Iix hniond Court, I know that if anything is bi-uig done looking to this end there, it has been done within the past lour dajs. It is not ex pected that any lntoranitton would come here of a certain character. It would not be sur prising to see some naval steamer, steal in unon us ut any time ol the day or night, ami that Jelf. Davis should be carried away in hor, whither and w herefore no oue in the steamer would tell, and no one here could tell. As lor Jell. Davis himself, the subject of all the anxieties aud sur mities, he shows still tho same patient waiting lor results he lias for mouths past. lie may keep up a larte amount of thinking, but if he dues, lie does not speak out his thoughts much. Meantime it is to be presumed that, whilo tho present companionship ot his wife makes hiiu more patient of prison life, it also makes him more impatient to breuthe and enjoy the air of ireedom again. I stated yesterday that his wife proposed remaining as loug as he was kept here. This morning an order came from Washington, directing that casemate be assigned her tor her personal use and occupancy aa long as she might require it. She expressed a preference for a room in Carrol! Hall, where her husband is l ontined, aud an oflicer very politely offered to vacate his room for her; but General Miles could not fo beyond his orders. Being on the good tooting she evidently is at Washington, it is possible that she may speedily succeed in having her preferences in the matter ot a room gratified. Whatever she may do about this, I am told that she is determined on one thing at once, an application tor parole of the fort lor Mr. Davis. She tiuds hiiu much weaker than he was. The weakness is most apparent in his legs, giving him a tottering and insecure walk. She attributes this weakness to want of sutltcient exercise, and on this she will base her application. It is believed she will bo success lul in her application. A. Y, llerwd. A New Scientific Toy. There is a successor to "riiaraoh's serpents," called the "magic pho tograph." It is selling in I'aris and London, in two envelopes, one containing pieces ot white albuineiiized paper, the oiher slips of white tlot- ung paper of a corresponding size, une ot the former Is moistened with water, and a piece of paper from the other envelope, likewise wetted, is laid thereon, when a beautiful photograph is immediately developed ou its albutnenized sur face. rhotngriiphB havo or course neon printed in the usual manner on the albumemzed slips, and then decolorized with bromic or iodic acid or some such agent; the other pieces ot paper nave oeen soakea in nyposuipiure oi soua, ana the application of t his reducing agent to the hidden photograph brings it again to view. The "serpents" emit a poisonous lumo whilo burn ing, and the danger attending their use has driven them out of the mafket; but the "magic phoiograpu." is sate as wen as pioasani. FURTHER FR0N1 EUROPE. The Flonaclal Panle. BARNED'8 BANKING COMrANT LIVERPOOL. From the London Times, April 23. We belicvo that Messrs Ilarwood, Ban ier k Son, of Liverpool, uccountitn 8, havo been en gaged to prepare a balance sheet, and that a meeting ot shareholders will be hul.l next week to determine upon the course to bo adopted. There i, however, but little doubt from the pro ccctlims which have been takt n by some of the creditors, that the conceru will be wound ut, ('ertitir.'itC'B of ind 'btedness are, it is said, to be furnished to the depositors, so thut they may negotiate them with other hanks. MES'SKS. SMITH, KNIOIIT 4 COMPANY, LONDON. from ihe London Timet (City Article), April23. The report of Smith, Knight Co. (limited) the company whose embarrassments last nuttimu initiated the bieiik-up of the finance ppeculatiou to be presenter! on the Stlth instant, states that the directors, lu concurrence with the commit tee appointed by the creditors, have stea lily di rected their elloits towards the completion of the existing contrncts, most of which arc ex pected to be tiuifhed in the ensui lg autumn, while ao toe Batnc time they have strictly avoided entering into any no business. Under an arrangement with the Sardinian Hailway they are to "receive lii.'),000 in six vr cent, mortgage bom's, ledesmuble at an early j enod, which bonds will be oll'ered to the ere diiors j'l-o rata in reduction of their chums. The directors conclude by urging the shareholders to respond to the calls which it has been found absolutely essential to make. The direct lia bility of the company, including the sum of 4.271,659 ot paid up capital, is now JE7!1,625, ami the ussets nominally show a similar total. FINANCE AND TRADE IN FRANKFORT. From the London limenCity Article i, April23. The advices from Frankfort describe contin ued leverishness on the Bourse. Every rumor sends Austrian funds violently up or down, and the fluctuations of last week were five per cent. The undemoustrrtive course ol the Emperor Kapoleon evidently causes great apprehension; but still it is said the general opinion is that ultimately there will be no war, and that a com promise will be arrived at. Capitalists are, lor the most part, buyers, and take up whatever the speculators offer ' lor sale. Hence money not only continues abundant at the stock exchange, but prices lor most stocks are higher for cash than for time. American bonds are again iu good request, nrd their firmness is increased by the knowledge that there is a large speculative account open with ad verse operators. Meanwhile, however, the political auxiety begins to tell upon trade. The Lei psic lair has been the worst on record. Letters Irom Creleld and Klberfeld give u lamentable picture ol the Ftute ol the manufact uret-. Credits will be with orawn and n-ills closed if the present uncer ta nty continues. "War," it is observed, "would at once cut oB' all the resources ot Prussta, as she draws her taxes particularly from industry." The corn markets remain dull; but oots are slightly higher. Forged notes of twenty thalers ot the Leipsic liank have been de tec tel. AHntrs In Japan. TUE TYCOON'S AMERICAN IRON-CLAD SAID TO BE A FAUVRB-UER JAI'ANESE ITJUCUASEK COMMITS SUICIDE. Fmn the London Timet, April 26. Letters Irom Yokohama (Japiin of the 25th of February state that an iron-plated corvette pui chased in America lor the Tycoon had arrived there. He requested Rear Admiral Roze. who commands the French squadron on the station, to have it fitted out for him. The Admit al commissioned u Lieutenant of the Iriate Ouerriere to do so. The Lieutenant took with him a quartermaster and some French sea men, together with two hundred aud fifty Japanese, and the corvette will shortly bo ready lor sen. The French authorities iu Japan consider this a proof of the confidence which the Tycoon reposes in them. The Tycoon had further resolved to m .dtdown all the old coin and to issue new. The construction of a new port in the bav of Yokohama is to be commenced, on the arrival ol French engineers ami overseers, who were expected on the 15th of last mouth. The Tycoon hnd likewise determined to build a number of liLbthouscs. Foreign ships are to pay due for their maintenance, which are to be regulated by an agreement with the consuls. Further accounts from Yoddo, of tie 5th of March, state that the corveite purchased iu America was found, on examination, to be very defective, and roo have cost too mucu. Tue Ja panese engineer who purchased her had com mitted suicide. Sportluir. TUB FRENCH TURF. I'aris (April 22) Correipondence of the London Star, The steeplechase at La Marc lie came off yes terday. The attendance was not only numerous, but more select than usual. The weather wa9 magnificent, although the heat was somewhat oppressive. The sport was very good. The events of the dav were the two matches in which the Duke of Hamilton made his debut as a gentleman rider, although the tact ot his Grace weighing fourteen stone and a half is not particularly propitious for eariuna success in thut occupation, and was probably the cause of nis aeieat yesterday. He showed the true spirit of a Douglas, how ever, lu the nrst race alone he got three talis, to say nothing of a hip bath; but rodo on all the same. In the second he could have wou had he chosen, inasmuch as Count d'Evry hud consido ruble dilliculty in making his horse clear the river. Tho duke cantered on evidently for tho mere pleasure of enjoying that most euloyable of all sensations, a run. The duke rode the first match airainst 1'rince Murat, the latter winuing easily with "Fillo de I'Air II." In the second match his erace rode "Newry,'' which was benten by "Mastiillo," ridden by Count d'Evry. lue Linperor was not present. TUE BUAII OF PERSIA OUT SHOOTING. The official journal of Teheran gives the fol lowing account of a shotting party in which the Shah had tatcen part: The royal personage w no casts on the eariu tne snaoow ot uoa, uas passed his time very agreeably in the chase at Diadiioune. With the aid of (Jod he killed thirty-two head of game, and deigned to bring dowu a number of partridges, moorhens, anil pheasants. The Grand Svpachstular (Miuister of War), who accompanied the great Sovereign of Iran, obtained a remarkable distinction, for his Majesty, who dispenses his grace and gene rosity so unsparingly, delued to preseut him with a partridge with his own hand. The Kx-Kehel Privateer CLAIM OF TUB UNITED STATES FOR TUB "TALLA HASSEE." Admiralty Court, London, April 2 1, before the Right Hon. Dr. Lushingtou. THE "CAMELEON," OTHERWISE THE "TALLAHASSEE.'' This was a suit instituted on behalf of the Government ol the United States of America to o" ain possession of the vessel L'ameleon, other wise Tallahassee. It will be remembered that the 2allahassee was one ol the Confederate cruisers, and in that capacity succeeded in cap turing aud desiroying vessels belonging, to American subjects. The vessel in question arrived at Liverpool in the spring of last year, and was arrested at tho instance of the United States Consul at that Eort. The alleged owner appeared In the suit, ut failed to file an answer, although the Court had Issued an order to that etfect, aud glveu the defendant considerable time within which to comply with the order. The Admiralty Advocate (Mr. E. C. Clarkson with him) now moved the Court, with the con sent oi the deieudunt, to decree possession of tne vessel to the Government of the United S'afes, and to condemn the defendant In cot, which, by agreement, was to be limited to tho Marshal's fees. Decree accordingly. THE VESSEL SURRENDERED. Tlio ftcamship China, at Halifax, reports: The United States Consul at Liverpool on the ltith took formal possession of the ex-Ito.) 1 cruiser, the 'la tihassee, in the name of the Amc rican Government, on the terms of the de cision of the Court of Admiralty . CotUinxu d on the Eighth Pag. LEGAL INTELLIGENCE. Conrt of Qnnrter Nalon-All'son, r. J llenry Gludilinii was charged with carrying on cealt d weapons. Tn witnesses for tho prosecution stated thut they saw him raise a "b acK-jack" with the intention of stnkinir Ueortre Kevnolds. at tiio liro, I'euu and Almond streets, on the 17th of Aaron. Witnesses for the defendant testified that It was not a "black-jack" thut he had, but a hoso-spanner .Excellent rooa character was shown , I'm jury run deittl a verdict of notinuilty. Georpo ltei nolds was charred with an assault upon llenrv (i adding Gladoiuir tot iied thut at the die on I'enn and Altnoud streets, March 17th, a ro voccuried betweon ihe Aiaitara and Fruni in Hose Companies about a flro-piu, auu Koynolds raised a horn to stnko him, out was prcventM by a liiend. The Jurv rendored a verdic ol not irmp.y. John Kiser was charged w th assault an! bi terv upon Aura Kosen. The son oi Mrs. Kosen was whipt Ing tho Bon of Kiser, when the dofeu unit ran out with a whip and licked young Ko.cn, and t ton jnnijcd into a wapon. Mrs. Ko-en went out in reaich of him and tound him After a tew word ho struck hi i with a hip. She took the wluo from him, and in the scufllj she fo'l. when he too advan tage and struck het on tho ar n with a brick. V the jtitriiied up, flnpiied him witti tho whip, 1. cocli ea him over with a brick, and routing him, drove him to a glass house; she there overtook him, whipped htm soundly, causing him tocry out lustily, "Quit, 'noueh, shtop, don't kill a poor littlo Dmtch lander!" Witness for defendant testified that sho struck the first blow. Not fuiltv. s Mr. Georre Driver was charged with furious driv ing and running over a lady, Mary E. Knight, injur lug hor seriously. It was about 6 o'clock one even ing last November, Mrs. Wood and Marv K. Kni.'ht were crossing Hxth street near Vino, when a wajon came dashingup tho street, as a witness testified at tho rate of nine miles per hour, knoo ting th s lady msenuMe and running over her. The jury rendered a vtrdict of Rulity. ItlNtrlrt Court No. 2 Judtro Stroud. Joseph Detw:ior vs the I'lii'adelplua, Wilmington, and Baltimore liai road Company. Th' was au action to recover damages for tho loss of a favorite pointer dog, upon which plaintiff paid freight at and Irom Fliitade phia tn Moreton Stution, on the Dela ware Junction ltallroad when on a sliojting expe dition in October, 18o. The dog was lost or stolen somewhere on the line of the Junction railroid. The suit was quite a novel one. and elieited from counsel on Loth sides a considerable degree ot pleasantry, historical inl rniation, poetrv, and law. Iho di tense embraced, amonir other pi inta, 1st, That too do" was lost through plaintiffs carelessness in hav ing his collar too toosn. so that he slipped through it, and escaped. 2d, That as the tostimony showed I at the dog was not lost on the line ot defendant's road, they were not responsible. Seveiai sponsmon wero examined as to ,hu value of Banning d igs. The case occupied the attention ot the Cour uo to tie hour of adjournment Verdict for plaintiff for &i?5 MUchieon for plaintiff; Browster for de fendant. THE JUMEL WILL CASE. nirm llonrt New York Ma 7. Doforn Just ce Barnard Nelson Chaso and others agt. J Howard mi n and others, luls case was tue nrst on the calendar of the Supreme Circuit, I'art 1, this niormne, and was, owing to the pressure ot Oyer and Terminer business, transferred by Mr Justice Ineratiam to the head ot the calendar, l'art 11. Meanwhile a motion was made at Chambors to post- fione the case on the ground of the absence, of an mportant witness, a ;rs Hall, irom the State, for the purpose of taking her testimony aud obtaining other evidenoe. This was resisted on tho jrround that tho motion was made merely for delay, and that the solo pur pose of taking Mrs. Hail's testimony was to renvo old scandals about Mrs Jcnol. aud to make out that the plain tills were not her heirs; that the old lady's statements would not help tho defendant's case; and that she was being kept out of the State for the mere purrose ol nmking this motion. Altor tne reading of the plaintinV aflWlavita the Court adjournod tho luii her hearing of tho motion to to-day at 1 1. M. DIVORCE OF A WELL-KNOWN WRITER. Speelnl Term Before Justice Cierke Rosa lie O Durand vs. Fitz Hugh Ludlow. Among the divorces eranted during the last torin was ono against the above-named defendant, a wo 1-kuown literarv man, and contributor to tho magazines. He wax married at Waterviilo, Oneida county. Juni 15, 1859. and is charged by tho plaintiff with adti'tory with a Mrs Ives, both in this city and iu tlio West. Tho case was commenced som time ago, but was de'ayed through the necessity of issuing a commis sion to tho West. Tho esse is now concluded by the decree of the Supremo Court, iu the plaintill's tavor Cornelius A Itunk.e, delendaut's attorney. A w York Tribune, A woman born without arms is giving e.v hibitions in writing with her feet in Georgia. Fifty thousand Fenian flags have been manufactured in Albany, Belle Boyd has left her husband in London on account of bis dissipation. It Is Eaid the prettiest girls in Salt Like City usually marry Young. Carlvle has declined the degree of Doctor of Laws from the University of Edinburgh. The colored Methodists of Charleston. South Carolina, have purchased the Second Baptist church in that city for $20,000 In gold. Ada Isaacs Menken h:is purchased an ele gant mansion in the neighborhoods of Central l'ark, and styled it "Bleak House." All the sail makers in the Gosport (Va.) Vavy Yard have been discharged. Causo want ot luuas to carry on tne ousiness. The Pnrlsian nroDrletor of L'Africaine is said to have realized $215,000 Iroin its per formance. Anthony Trollope, who is a travelling in spector for the Post Ollico, writes tho greater part of his novels while travelling by railway. Labor is said to be worth m Mexico from eight to fifteen dollars a day. Out of a week the contractor can hope to get three days ot good work. Flour is worth forty-He dollars a barrel. k London correspondent sayj crinoline has gono out of the fashionable world all at once, like a melting snow, or a vanishing rainbow. Only the servants and very common people now wear the wonderful expansions. As an illustration of tho hard times in Rich mond, the Examiner says one can easily put a five cent loaf of the bakers' in each cheek, a ten ceutlonl in tho middle, and whistle "Yankee Doodle" with Burpilsiug clearness. A marriacfo recently took place in South Carolina, wherein the bridegroom was 88, tho bride 6"i, and tho parson 85. It was a runaway match, the children of the blushing damsel being averse to it. A noted caterer i n Baltimore says of a festi val he is about preparing: "All of the delica cies of the markets will be served by polite and careful waiters, prepared by experienced cooks." What cannibals they niu9t have tn Baltimore ! The widow of Joseph Smith Is still alive at Na ivoo, 111., and is represented as stubbornly tm-iturn and a devout believer in the Mormon faith. She Is now sixty-two years of age, and has beun remarried. The Cincinnati Commercial says: "Exchange was in larirer request, aud the sup ply so much reduced that shipments of legal tenders were made to a liberal extent. The money market was kept fairly active, though it was not as large as it has been for several days past. Rutes of interest range about as they have, and a large part ot the applications lor loans is ou cull, for temporary uses." THIRD EDITION THE NATIONAL CAPITAL Special DespatcKet to Th Evening Telegrmph. Washington, May 6. Cafth la liana. On May 1, there was in the various public de positaries $24,223,730'3), for which there are Government securities, beld by General Spinner, amounting to $30,114,500. Pemona'. The Count de Lasteyrie of Paris, a member of the French Institute, and until the accession of Louis Napoleon a prominent representative lu the French Assemblies, arrived In town jester day. The Count is a lineal descendant of the Marquis do Lafayette. Brevet Colonel B. E. Johnson. V. R. C, and Colonel John Mansfield have been ordered to report to General lizard for duty in the Freedmen's Bureau. A r'lnaiirf tr. Flurry. The failure ot the Merchants' National Bunk has caused a general leeling ot dissatisfaction among depositors iu other institutions, and yes terday quite a run was made on some others, and a large amount of deposi'.s hvo been re moved to Jay Cooke's, the First National, and to the United States Treasury. There arc no other suspensions, however, and it Is announced by Maury & Co. that they will resume to morrow. Virginia Freedmea. The Inspector-General of tho Frecdmei'i Bureau In Virginia has just reported to ta. Assistant Commissioner at Richmond the rcsul;. of a thorough investigation ot the affairs of the freedmen in the State of which ho has just com pleted au Inspection; his report ou tho whole is comparatively favorable. He represents the various colored schools generally well attended, and the prejudice existing against the freedmen s'owly but steadily diminishing. The sanitary condition of the freedmen his so far improved throughout the State that all Bureau hospltalj have been abolished, the employers, in com pliance with the terms of their labor contracts, furnishing the requisite medical attendance. The demand for labor greatly exceeds the sup. ply in all portions ot the State. The wiges of the male freedmen average about $12 per month, including food, quart"rs, and medical attend ance. The Merchants' National Bank, The doors of the Merchants' National Bank remain open, and the officers remain there, making promises ol future redemption, but with no prospect of being able to fulfil them. It ap pears that there was on deposit trom the Inte rior Department on account of Indian funds, $32,937; Post Office Department, dead letter, fraud, waste paper fund, and disbursing clerk, $9000; Treasury Department, $5000; aud other Paymasters and Quartermasters, $G40,1C3; total, $687,000. Gen. Spinner holds above the anio unt necessary ior the redemption ot the notes of the bank about $140,000, leaving a loss for the Govornmcnt of $547,000, without having re course to stockholders, or counting upon the probable non-return of a large portion of the notes of the bank, or the bank recovering or having anything trom the general assets of the concern. The official inquiry now going on will soon demonstrate the amount of the private deposits, their liabilities and assets, lnforma tion from Baltimore Indicates that nothing of anv account will be recovered Irom Bayne, or Bujno & Co., of Baltimore . FROM BALTIMORE TO-DAY. Horrible Bntcliery I'he New Funding? Soliem Tne Trouble In tne Union Parly, Etc. Special Despatch to The Evening Telegraph, Baltimore, May 8. In the western part of the city last evening, James Gibbons murdered a young German, named Henry Mwnering, b y running him through the body with a butche r knite. They were both butchers, and had a previous quarrel. Gibbons was arrested and sent to jail. He confesses the murder. The new consolidated five per cent, funding 6chenie meets with universal approbation here and throughout Maryland. The trouble in the Union party here causes some excitement, but there Is no doubt of the unconditional Unionists triumphing, and tho Conservatives, or Johnsontte faction, uniting with them. The Cholera. New Yokk, May 8. Tho Health Officers' re port shows three new cases and three deaths from cholera since the last return. Sixty-five convalescents have been transferred trom the hospital ship to the baratoya. There are now only forty-seven patients in the hospital. The total number of d"aths from cholera has been fifty. From California. S an Francisco, May 5. The steamship Sierra Nevada has arrived from Portland with $6700 in treasure. Five hundred half chests of the finest Oolong tea were sold yesterday, at 57 cents per pound, on thirty days credit. Arrived, ship California, Captain Barter, from Boston. Mining stocks are dull and drooping. Ship News. New York, May 8. Arrived, steamer Palmyra, Liverpool April 2G, and Herman Livingston, Sa vuunah May 4. The Steamer "Aries." Boston, May P. The steamer Aries has arrived from Philadelphia. Marine Intelligence. New York, May 8. Arrived, steamer Sara gossa, from Charleston. Markets by Telegraph. , New York, Mav 8 Cotton is qa.nt at 81U35o. Flour has advanced l(K"20 cents ; sales ot 10.600 bills, ot State at 7 00i9'75s Ohio, 89 Vil8 -26; Western, 87 65a9-66; ooutbem, 10 4al675; Canada has advanced l&.a 25o i sales at 08 8018 20. Wheat is 2a3o. hotter; sales of 60,000 bush. Mil waukie CIud at 2 06. Corn dechniug; sales unltu portunt. Beef steady; sales ot 1000 barrels, at W0, Lard firm at liaa3o. Whisky dull.
Significant historical Pennsylvania newspapers