f I s i i rrn A VOL. V.-No. 112 PHILADELPHIA, THURSDAY, MAY 10, 18G0. DOULLE SIIEHTT1IRKE CENTS. i "... i , , 1 THE MADAME JUMEL WILL CASE. Tk Motion for m Ptponenint 'of Irlal-ConclndloK Arttntnettt of Conn Bel Nstiare of the He reuse Career tad Pedlicree of Mstdnme Jamel Elo taent Speeches ud Neubldt Sr. ana Decision of the Motion Re. served. eapreme Court Chamber, before Judge Barnard. May 0. Aeison Chase ei al. vs. J. Howard Smith et aJ. 1 he eouitroom was crow.ed to suffocation tb i morning to bear the argument of counsel lor p'a n titls, who opposed the motiou mado tor a postpone ment of the trial of this rase. lestcrdav Messrs A. F. 8mit, E. R. Stowrhton, and ex-8urrogate Bradford, lor the defendants, arc nod in favor ot the motion to posi pone, and 1 o'clock to-day was sot down by the Court as the benrat whlcb counsel lor plaintiffs should reply. Judge Gray, ol the .supreme Court ot Massacho setts, occupied a seat on too bench with Judge liar sard. ABOUMENT OF ZX-JUDQK PIKRRKPONT. . Fx-Judge I'ierrepout opened tiie argument, in op position to the motion lor a postponement, lie ommonced by alluding to tho manifest wron,'wb;ch wouid resuit to his cl.ents by the putting off ol the trial untl October. Thecaewai a very iinuorUn one, aa it involve! tiie valid ty of a will which lof. properly woith over one million of dollars. This will was alleirod to have been made by Madame Jumol. last wife of the celebrated Aaron Burr, wlio died in this city in July last, ared ninety years. Long beloro the deatti of this lady, hor daughter wasnarredto Mr. Jiehon C'has', who, alter her warnape, went to bye with hor, and continued to live with fcer lor thirty -lour yeare, a. voting his whole time and energies to the management of her afl'urs. When Madame Jumet arrivea in this city lotn Pro vidence she was a iacinattng yonog girl, and, putting no at a I oaraiiig-liouse, mot with Mr. Hephen Jumel. a wealthy Frenchman. Ihey loved too truly, but not too we:l, and a child was born, alter which tbey married. This child Mr. Chaso subsequently married, a'tliouirh sho was noc born in lawful wedlock, ltaisactwa nothing very strange or new among respootable people. Counsel hero narrated several oases among the British aristocracy where marriages of this character took place, the tacts of birth and parentage bolug fully known to tbe parties themselves. After characterizing tn strong, deprecatory langnago tbe attempts made to cant contumely npon Mr. Chaw, the icarned counsel went on to recite the history vf llio caso since it came Tito court, and theiopeated attempts which baa been made to bring it to tiial. He contended that no just rouson was given for a farther postponement ot the trial. Tho principal ob jection put lorward by tbe delonse why the case should noc succeed was that Mrs. Lvdia Hail, a material witness, could not be prosent before the 16th oi May. His Honor wou'd Bearooiy have time to diode the motion before that dato. The other aide bad undertaken to argue upon tho merits of tno ense. When the evidence was all lu it would bo ahown that they bad no morim. Lot the merits be shown beiore twelve InteUipent men and a judge. The) (the plaintiff's) said that J Howard Kmitb pro cured this will fraudulently. If it were truo tnut nnjtis' asnaults bad been made upon the character of J. Howard Smith, why wero they so anxious for a postponement 7 Would it not be better to have the cloud cleared up at once? Judge Pierrepo nt bore went on in an e oquent argument to dilate upon the question' at issue tn tho case, and concluded with an earnest appeal to tho Court to refuse the motion made by tho defendants. , ARGUMENT OF MB. CHARLES O'COMOB. , , , Mr. O'Conor followed in opposition to the motion. He stated that bis object in presenting the considera tions which he supposed bore ou the case would be to dissect and separato what was irrelevant and im material from wbat he considered was relevant and calculated to lead the mind to a lair oousido atiou of tbe question, ana to exc nue from vi w, as far as might be possible everything which was foreign to such ta r consideration. When the issuos were settled, the aeieudants sought and obtained a post ponetnent tor one month, and they obtained in that order a piiviiege that the case should be called at the next term. J be March term was thereby , pjss.'dover Tuecaso waseuti led, by tbe terms ot tbe I order, to be number one on the April calendar. Without dwelling upon what occurred at the com mencement of that leim, be would say that the cau-e was reached in course upon the April cnlou dm, atKl that so conscious n eio tho defendants that the bad no right to move this case oil' upon the common ailidavit that tbey resorted to a special alll davit and set forth the precise and particular reason why tbey required the case to be lurther post poned. Ihey then Mated their reasons, which were these: That although there was no difficulty In witnesses, as thev were all about New York, to meet what had boon ca led the p. am lsse as to tbe validity oi the will on tho ?uestion of pedlure , a new light bad broken upou hem, and they needed tho testimony of Mrs. Hull, They then obtained on thai, motion, and without lurther looking at tho matter, a postponement to tho mouth of Mav, anu that now, wnon tbe month of jMay was reached, they renewed their motion. In addition to the design to produce Mrs. Hull, the de fendant tendered, through ibe affidavit ot a Mr. Uo vine, one of tbe law agents employed ou behalf of the d lendonts, another hue ot eviueuca to the same point, to wit, the pedigree of the Joneses, and that they also dolied te have the testimony wh.oh might possibly be elicited bv a rummaging search through ecclesiastical and other ininu en, or records exist ing partly, perhaps, in Boston, partly in Nova Kcotia, and partly iu Ureal Biitain. Ibe question of w bett er, u on a commoi alUi avtt, tbe cause might Le niovca on lioru one term to anotner, was ais pcted of in two wayst First, (be defendant, pre sented no such coses, but they presented a case on winch they roned and invited the judgment ot the court to the question whether lor sjcu a reason, and tor eueh a purpose, a delay ought to take place; secondly, tl ey had two months' delay since this oase miKbt have been tried; there lore, all that bad no thing to do with this cae. There were two modes of treneutini? this motion on Its incrlts.one of which was, to maxe the case short and simple, of there being such a witness in expectauoy as Mrs. Hull, and such investigations as an. Devine spoae ot in Massachusetts, in Nova cotia, and Great Britain, and tbey might then have rested upou tlielr simple aftldavit ot merits. But they were not satisfied with that. Tnat would have raised questions of a purely and simply legal ssid praotical nature, and which might have been SVncuosed without any display ot beat or leoiiug"by counsel npsn both sides. One of the counsel lor the uelendauts saw lit to make an i Aidant in order to exoite prejudice upon the part ol toe Court against the plaintiff, Mr. Chahe, as a speculating attortev who had gone about witLout a copper in bis pockut, as the affidavit stated, and induced soruebodf who had a title to this million of dollars ot property to give it all to him npon the chance that be might, m the course of litipation, recover it, and might then be able to give doiendants (40.000. I hat was inserted lor the pur pose of exoitiua a prejudice anaiuxr Mr. Chase, aud to aflbid counsel the opportunity ot denouncing bun as a speculator. Mrs. Jumei was, acoording to the proots of the defendants, a very poor girl a car rier of fruit , about tbe . stiee of l'rovl deuce to sell for a sixpence to sustain nature who found ber way to the city of New York radiant with the beauty for whioh tha young women of England are so distinguished. Khe caught the admiration of a French merchant in this city, ' who was a very little older than bertelt. and in the beginning of this century she becamo bis wile, aud she lived with h m intact, without impeachment of ber honor in any respeoi, without a suspicion of hor purity or chastity, until he passed to tno othor world, aud thenceforward, for a period of sixty years, she maintained a reputation which had not. been at tempted to be Impeached for perfect purity and oh as. ' titv. In tbe eoiumonccmtnt ot her union with Mr. Jumel there was lound in ber houi-e a little girl, ber niece, an adopted daughter, whom she (Mrs. Jumel) cherished, took ' tier to t ranee, educated her, bioucht hor to this country, sustained ber, married her to a respeotabJe young law yer, and 'took care of ber and the lawyer until, in God's good time, whan she had rescued some lony ears ot age, the adopted aauguier passed to (lie other world Intact ana unstained, ana always protected and cherished as a child. She took Into her bouse two lite bits of children of tms daughter lahe called them her vrandithililranl: sue kent them with hen cherished them and trotted them With affection down to within some lew years beiore ber ' death, when she passed into the condition which : was to te made a question in this case, when i the Dlaintifis say she was insane and the do- ' ien ants say she was not, but she- was at least eighty yean ot age Iu the year 1851 this ladv, under the direction of a respectable coun sellor, made a wui, in wn ou she gave three thousand cr four thousand dollars to charities, and wl en ihe pave, as do endants' counsel say, only five bundled dollars a year as an annuity, while she gave all the rtsi that she bad on earth between those two ' r.hlldren. It was true that sue put a e ause in that - will as to a part of that property, ia case the person, to whom it wa given should die and leave no issue, HiHaUitPTvBt, ana ftt tba( $lme, it uunUl be divided between three or four charities. Defen dants' coansel had produced an affidavit to show that tbe property was of no great value at that timi. It it was any more valuable now it was becauie t bad grown larger in the estimation of tho com munity. She wa then sane and sound, which could not be denied. In the will exe cu ed by Madame Jnmol she made small pro vi lonl for all the children of ber sinter. Mrs, Jones, calling her ber sisters, Mrs Jones, she then having boen a year or two dead. What was to be found when Mad . me Jnmol arrived at th age of ninety years when her estate bad bocomo bv appro precintion of tbe fame property, worth l million of dollars? What will was it lound she made, accord ing to tlin al'rgalionof defendant' counsel, under the advice ot her minNterf Sho rave nothing 10 the son ot her adopt- d danihier didn't notice linn at all. What provision did she make tor the children ol her adopted danubtoi 1 Counsel for the defense airi that she gave as much to Mr. Chase as before VbtlOayear. Mr. Chase never wanted more than tfxO, and would be willing to take less, and ho didn t consider that he, personally, had anv direct c aim on ibe bounty of tins lady, and sho need not have given hira a stiver. But what provision did she make for this daughter, who had never offended herf Why, she gave her the Income of HO.OuO a year during hor lite to suDport hersolf and ner French husband, who was induced to marry ber as a rich heiress, if be was not a man of fortuno himsolf, and this little daughter of tiers Just a poor 8700 a year, enough to keep one person in food if son- e one would he charitable enough to give him clo bes. What was done with the restf She gave to tbe Rev. John Honard tSmitn 500J, and to cer tain other institutions S.'jOOO etch, untr she got down towards the end, where she thought 91000 would be enough, aud when sbe came to the Amorlcau Bible bocietv, a charity of them all that needed tho greatest amount of money for iti various necessities, sho thought she had already given enough, and she gave $500 to that. This sum ot 86000 to those several chanties would not be very bad, but tbore was a tail to this wi I in which she stated tha'. the rest, res'due and remainder of theproceods of the sales nf her real estate should be divided among the leveral societios to whom the foregoing payments were directed to be made, and in the share and proportions which should be proportionate to tbe payments therein be fore mentioned, and dircoted to be made to thotu respectively. Any one looking at that will could see that Nelson Chase or his daughter could got nothing under tho residuary clause. Under no circumstauco were they to have any more than the income of the sumol $10,000, and, perhaps, the capital might go to the heirs ot Mrs. 1'crry, berdaughter, in oase she should leave issue. The minister, John Howard Smith, plainlv came in, on his five thousand dollars, for between 60.000 and $120,000; out when nobody could tell. What was this speculation of Mr. t base's T He said, npon oath, "when I went to the heirs of Madame Jumel I said to them: Tula pro ceeding is contrary to equity and justice and to the Intentions ot iladamo Jumel, aud you know that Madame Jumel means to givo raoli of you some handsome, nv demte provision You know that she intended, aud ought to have intended the res: of her proi erty for mv family, lor the children ol your sister.' " What wou d asp-cti ator do, stand ing In their place? Wea did Mr. Chase do 1 SSnid he: "Let us make such an arrangement as will conform to the intentions of Madame Jumel ctupni her hie, as near as wo con well come to them, and such an arrangement as is practicable and precisely as Madame Jumel ought to have done if in the pos session ol her senses, and under tho advice, fuidtnoe, and direction ot able end learned counsel." What was that arrangement? It was to give each ot them a handsome legacy, that would be sufficient to moot their expectations and to give t io rest the direotion it ought to take. (Counsel found - no lauit witn Auguftus K. Smith. It was creditable for a man to lhht for his client. Ho ( Vlr. O'Conor) had nothing to say against the counsel lor the doiendants. Ihey wet e gen. lemon and always behaved as gentle nen to bim, and be never desired to do anything hut what was kind and courteous to them, and be hoped that would end tiie matter of persona. ities tetween counsel. ' It wa' slated by counsel that Mr. Chase was gui'tv of an attempt to cast odium upon tho memo y of Madame Jumel by proving; that sue bad in hor lifetime au illegitimate child. Mr. fctoufchtou VVo have not suggostod that she bad. ; . ' , , i , . Mr. O'Conor said that the interrogatories all pointed to trovuig, and they bad provou as lar as the testimony oi t-omo old witnesses speaking from hearsay wen: tho defendants hud proved in this tntamous document which cuine trom Jthode Island, that Thu be Bowon. tho mother of the two irir s, aud Betray Bowen, the daughter, who turned up hero to be Madame Jumel, and her sister, whoever that sis ter was, were women of the loosest cbaraoter and of the worst and moi-t scandalous associations, aud the deiendants attempted to prove, aud did furnish some evidence, that Madamo Jomol bad secretly a boy in ber custody down there, which boy the deiendan would Insinuate was some boy oi hers gotten at some period when sho ought not to have had a bov. . . . Mr. buiith We 'never made any insinuation that William Baileu was ber child. We know be was not. Mr. O'Conor taid that if she bad not a child it would only show that she was was not very Iruitlul, because, according to tho evidence of the doiendants, she put herself in the way of having children as effec tually us any woman ever did. It was honorable to have a child, but infamous to be a prostitute. But as to the charge that Mr. Chase attempted to throw odium upon this ladv, it would be lound, by looking at the examination ol Mr. Chaso that, the in tention was to throw dirt upon thewhoie family. Ail the ' world was inclined to look upon Aaron Burr as tbe pe-lection of wickedness, a sort ol incarnation ot all that was evil; and be cause Mr. ' Burr had something to do with this family the defendants wanted to examine into the uediime of Nelson Chase, w.th a view of Droving a common story that has been in circulation not only about Mr Chase, but about half the peop'e in the country, who were alive when Aaron Burr was in existence; but it turned out, to ineirasiouisument, hat Mr. Cruise never bad anv know'edge whatever oi Anion Burr until after be married Miss Jumel. i he drieudants wanted to know the pedigroe ot Mrs. ci'Bse. and thus thev interrogated Mr. Chase. He (Mr. Chase) had no desire to bring before th': world, a lar as ne couio avoiu it. auviuiug uiai iuieut re flect upon tbe mother of bis children or bis wife. He stated, when the question was directly put to bim, that according to wbat was prorerly called in formation, she was the daughter ot Mrs. Jones, and sbe, herself, the wile of his bosom, his com panion ior thirteen long years, ana whom he fol lowed to the grave, never said anything to bim but that sue was the uaugnter oi alts. Jones; ana noro tbe matter might rest. There was no seeking to push it to prove that she was the daughter el Madame Jumel. But tbey go on, and ask bim wbat reason, it any, be bad for thinking that sbe might be the daughter oi Madame Jumei : and he was obliged to answer that be bad been Informed so. They were not satished with that, but tbey wanted to know by whom, and he said by Madamo Jnmol her- set. was there any justice in saving that ur, Chase dragged this thing be'.ore tbe world? He did d d drag it before tho world when the doiendants dragged bim to the stand, bo much for the base Imputation that Mr Chosa dragged into Court any private scandal affnoting his family which he could aveiu bringing netore tho (jourc. Tieteudanta' counsel brought into the case the family Bible ot tbo Jones', kept by William Jones in his lifetime, in which was recorded the marriage ot mm sell to his wile in tbe year 1404 in the right place, and there was to be lound William Jones, tho bus- hand, and Maria Joues. the wile, and bv somebody linen mere drawn over the name of Joue aud hts wile, and hence some bumble suspicion that this woman's name was not Bowen. It was recorded on the oainchlal records ot Trinity Cburoh that atari Bowen and William Jones were married by Bishon Moore about tha beginning of this ceutury. It would also be lound that William Jonos not only reooided his own family, but be recur dod. on the next , page, the lauuly of bis fattier, and he gave ' day and ' date lor the birth ot everv ona of them father, mother, ami tun or twelve children, and the death of ono or two of the children. It was In evidence that at a nubse- Suent peiiod a Mr, Maddox married one ot the aughters ot Jones, who was now a plaintiff in this case. He opened bis account on another page ol the same book by inserting bis marriage and tbe birth of bis child, and long beiore Madame Jumel died this Mr. Maddox iianaed to his last aooount, His entries were not entries that had beou made since this suit was eonimitnrsed. He imitated Ibis lather-iu-law, William- Jones, by giving an aooount oi tne lauiny oi will am o ones, ana ne inserted iu bis own handwriting a copy of William Jones lamily record, showing who William Jones mar ried, and what children be had. This copy was sworn as having beeu made bv Maddox: who was long' dead; -and in Maddox 's - copy ol j ones- mainmouiat entry tne eniry would do iounu to be William Jonos to Mary Bowen. He didn't give any other name but Jones. His wife was Joues his mother and everybody was Jones aud, thtro lore, he said tbe entry was wrong ! be scratched it out. and in making the copy be wrote It oorreotlv Maria Bowen. bo much for this pitiful piece of revaid to tne evidence wutoii was sought to be In trodueed. In alluding to the Key. John Howard iultM'a connection with Uiu case Mj, O'Conor re maiked that the dnty of a clergyman was o stye tne son's of bis tarishioners. to take care or the r spiriiaal Interests, and not to strip their families of tntir property. Ibe interests or nnrnanity and th ng.'its oi the heads of families were tar sup", nor to the caims ot cergymen or tbe var ous public chant en bit appealed to the community lor si piiort. Defendant-.' rouusel properly called these Bible charities Every cbantv was noble; but Kometlmes charities were ignobly administered, and all be (Mr. O'Conor) had to sav was that he would no like to be a member of the board ot trustee of any one ot these elm ml s, insisting upon the execu t on of this will. Tbo cau-o of charity could never be promo ed by permitting a minis:er, at the bed side ol an aged ptrson of ninety years of age, or ll.ereatouts. to get tr m that person a wil. of I. is owu drawing by which that person violatos all the natural Instinct of the lamily and all the principles ot humanity and Jn.itice, ior the benefit of chanties and lor the benefit of himself. Such acts were out rageous and ounht not to reco ve any countenance and the attempt to shun that loir iavo.-tigatlou ot the true question, whether tho will was that of an intelligent testator and procured by honest means, uy remmagin? tne wiae world ior some pretense that the claimant had not a sufficient title to brino-to the matter iu question, was evnleuco pf conscious weakuoss and ot a Certain t that, tried bv the com mon standard of rfghr, moraiitv, and religion, tho act n uit be condemned bv ail honest men. This nunlt-ter ought to ne nioi anxious, if b s acts would s.itud a lair so rut nv, to bring thts cane to a speedy trial, ami not attempt to fliun it in this vay It Ma' ainc Jumel was in hor tight mind, as this minis ter PWore he thought she was: H she intelligently and ui derstandingly gave twolve lets of ground on wiiicn to nunu a new church lor bis oansh. and $70 WK) to otiild the church and a parochial man sion, or rectoiv. tor tho rector, and if she did intelligently, in addition to all that, give the rector $6000. with a tall to It that irgs him from 50.000 to 81UO.0O0 more il she did intelligently all these tbluirs, thon, be (Mr. OXonori, wouid ask if there could found in lan guage or in the heart of a man a thouuht which. proptrly expressed, wou'd give with sufficient voho- meice me snocang cuaraoior of the deed that would make that minister ci me inio a court of Ins- tico and say, fnstoad of Imeetlnr the issuo and show ing that this woman was sound, and that he prac tised no artuiccs: ' l win sol to work and 1 will rake New England and all the world, where rnkinir may possibiy lead to any testimony that might help to the conclusion, and in the course ol it I will issue interrogatories, and 1 will examine witnesses to prove that tbe mother and the sister ot my benefactress, and ray oenoiactress hersolf, uutil the time she came to be a woman ot eitate and fortuno when she was a brivht. handsome vounir Connecticut girl that hor mothor and her sister and herself were abandoned women." Whv it was a matter too stocking to be coulcmplated. Comd words be lound adeauate to exnresa tha (liserniiii. able character of such a course? Defendant's counsel hud said that rattier than be dinned with having procured this will by unfair devices and poo tenses bo wornd rather bo put on trial for murder; bui lie (Mr. O'Conor) would rather be put on trial tor a thousand murders than be chargoab'e. on his own showing, with such ingratitudo as this. Well' bud it been said, and tiuly said, by tbe poet: "He who is ungrateful has no fault but one, All other dimes wight pass lor virtues in him." Mr. O'Conor concluded bv slatino- that hn Aui tint mean to say that this clergyman mipht not be able to give somo reasons why be turned asido from the rue it-sues ana sought to seandn hze this (Ami; h did, tut be (Mr. O'Conor) waited to give him a trance to get rid of tbe difficulty in which he was. Ho (the mnist"ri o. aimed t'.'.at his opponents could uoi. snow a goou tecnnicai ntie, ana that, therefore, as they bad not exactly a coo. I ntle, he had as good a ntie as tiiey, and he could hold on. . . This Mr. O'Conor obleoted to. heconsa rlntnvi woni danperous or calculated to be very mischievous, and such acts ought to re explained at once if they could be and be was willing to say lor the sake ot t ie other siuo, ior uio sake ot private morals, "Let ns have mis issue lairiv met and (iisoosed of at onnn." If ho was free from censure lot him go forth acquitted oy a jury ot nis country, it ne was not If this in. strument was what the plaintiff alleged it to oe let it be brushed away arcing the things unworthy. During the doliveiyof Mr. O'Conor's argument, he was once applauded by tbe spectators, when Judge Barnard romarked that it tbe apoluuse was repeated he would have the court cleared JUr. tstourhton followed in a short argument. In rebuttal et the statements madebv Mr O'Conor. He asserted that the issue as to the pedigree of the al leged hoirs-at law was introduced by Mr O'Conor miiiBon, ana hoi oy tne s:ue wnicn ne represented. He BiSO alluded to the attacks wluoh bad been mado upon Kev. J. Ho vard Smith, and remurked that on tho trial ot the case, hfs (Mr. Smith's) record would lie found pure and unsullied. mis ended the argmneut. when Judve Barnard took tho papers and reserved his Uecisioa. - Ar. Y, ntraia.- AFFAIRS IN UTAH. i The Recent Storloa of Aanasstaatlnn Con. tradlcted neapatobea . from General htieriuan to Mrlgham Vonog-The General C'antlons tho Mormon Chief Ilglgbam Jftfolen tbat tbe Sulntg tfo lent tbe Gntlletf, Ete. To the Editor of the Herald : In the Herald of Mav 8, "A Winter Mormon," suddenly awakened to a seiifO ot his duty, makes some extraordinary state ments concerning the "inhuman tia-Dansui ' ol the bat i ake Mormons, as mauitested during a period of lour and a half months passed by him in Utah. II. o writer ot the present note took ud his r -si deuce in Great Salt Lake City In the summer of 1861, and terminated it in th summer ot 1861. During all (hat period, aid up to this hour, he has looked upon "Mormouism" as no less a dblusion than tnat insti tuted by .Uahommed, and upon its followers from the powonui head ot tne organization iJrigham, Young to the humblest convert to the singular faith, alike as sincere be'ievera in the dogmas pro pounded by Joseph Smith, and a remarkably mis guided class of individuals. He has denounced thoir illogical harangues, their noioe denunciation ol our Uovcrnmont ior wrong claimed to have been endnred at our hands, and their defiance of the anti polygamy law; but he is not willing to allow them to rist under tne imputation mat in some mysterious way tbe Mormon leadors manage to destroy human beings at tbe rate ot "from in roe to Ave" every night. According to a "Winter Mormon" this very summary proceeding occurrod throughout a certain winter four years ago. The "winter" alluded to must have been that of 1SU1-S, the first ot my residence in Salt Lake City. Durn g all that winter as well as the winter follow ing I beard ol no sudden deaths save tnose ot three or four horse-thieves who were seeking to avoid arrest, and certainty no "Gentiles" or othor oitizen s were "missing" except a na i-aozen culprits who escaped from tbe penitentiary. It is but simple in-nee to state that during all mv residence in Utah 1 was impressed with the tact that no place of equal size could be found on thecout nent which could well be compared with Salt Lake City for the good order, industry, and sobriety of Its innaPitants, and mat enoroocnmenis upon tno rights ol others were not only less frequent but were more sternly reprehended and more adequately punished than elsewhere within my knowledge Your correspondent of Tuesday is roiuinded of his duty by reading an account ol a reoent assassina tion which occurred in the Mormon cipitat. A f'e v unpublished documents in my possess-on may shed some light upon this doed. Unfortunately these sacrifices of human life, without authority o' law, are not uncommon in the new (States and Tern tories. California bos twice been iu the haudi of its ' vigilant committees." whose behests wereexeouted alike in the shadows of midnight or beneath t io noonday sun, and trom whose secret deoreo no escape was possible. Idaho, Nevada, and Montana have eaou kad their seoret organizations to protect life and property, and to avenge real or fancied wrongs, by the sudden destruction of tbe wrong doer. litah has Derhaps been as tree- from seoret out rases, or tho anoatent necessity lor thom. as any ot the Territories The onlv barbarity qf tbe kind at present remembered by the writer was the shooting to death ol a "Uentile" stage driver, by a "tJoiitile" stage asent. during tbe winter of 18G2-8. The un published documents of which I have spoken relate to the assassination of one Brassheld, aud comprise a telegram trom Major-General Sherman to Brlgham Young, and the responses thereto, together with the statements ot prominent Uentim meronanis, mill ary officers, and 11 over u men t officials, in which thev exonerate the Mormon peoo e from all complicity in the killing ot Brassfluld. The correspondence ia as loliows: , . . QKNIBAL 8rfEBUAH TO BBIQRAM TOUMO. " PT. Louis,1 iprll 10, 186ft To Brlgham Youngi Rlrt A telenrain eom to me from responsible officers that four men. styled "Gentiles" have been niurdared br Monnous, and tbat there Is aa apprehension ot farther danger to this clan, liy Usntlies I understand Aoieri caa citizens not of your reilvious creed. Iain bound to give protection to all cttizaus, regardless of religious faith, I ad shall do so. Those muiuerers must b uun !ba,nd if year people resvrt to measures ol Intimida tion, there Biot cease. All of oar people aiutf enjoy equal I If hts within the ilmPi of oar national domain i know little or nothing of the causes of local trouble tn V abt I at It Is wsll lor you to know that onr eun ry is now fa I of tried and experienced soldiers who wo i Id be pleased at a 'air opportunity . o avenge n wroncsyoa may commit against sny or our citizens in that remote region I win soon have regn ar troops In Utati, and on the read Issding there, wtiea 1 hope we shall r-celve reports on which to base accurate oDfntonn and I send you tMs message not as a threat, but as a caution bt a sensible man slmuld heed. W. T. 111 KM i. Maler-oem-ral Commanding Department BBIOHAH TOt'NO TO ORNSRAt, BHKRNAR. Orrat pait LiEl Pitt. Anrtl II. ISfiR. Hlor OnTmrnl W. T. Hlierman. Ht Lo lls Mo Sir:-lour te.eitrain of yejieniar la at hand, anil contents duly consldorou. The reports that have readied you are not rellablo, satisfac tory evidence ot which I wl.l telegraph you s soon ss las testimony ol rename eent'emen. not Morin.m. can be baa say within twenty-four hours B TOOSO. UnEATBAiT LakgCitt. April la 1R86. Major General W. X. barrnian Mr :-1 am under many obligation! to you for your kindness In lelovranliing ma respecting re- porn which nave reached you iroui tDls place, as it affords me opportunity oi stating facts. As nis h as we can earn there have been teloyams sent Horn here te the East which have uoi been re.lable. tour te en ram gives us some Idea 01 tnelr purport Tbera have been no such aHHasslnations as alluded to In your dei.pate. On March tl a soiiHe' shot a gont e.nan named May fie d, and a Mr. Brassfleld came here and si duced aMoimon's wl e, and wi shut on thoatreet iy fiiiiio uuiDown person; out neitner i nor i oe cominn n.ty ai larire know inr more about It than an Inhabit. antot -it Lools. Citisens who are not ot our laitb do not stirrer from Intunldvion here. In no other coin aiunlty could mi n pursue the course many do here without exueriencintf ihe venireance ol a vltfLanen c ininit e. 'Ihe on rapeous s anders thvy have circu lated agaluit us would have provoked such an outbreak elsewhere ,1 here are a few speculators here who are anxlons to niake It appear met American clilzens' lives are In dan ger tnrouvii reiixlous lanatiulsm, hoping thereby to have troops sent here to make money out oi the contracts. Genilles' Ives aro as sate here as Mormons', and acts o violence occur more rare y in ibis city than any other o us size in any oi tne new Mates or territories. lit IUUNU. 1 CITIZKNSOr UTAH TO GEXHItAL RnEBNAM. Malor-Ueneral Sherman Sir; We. the nnrlernlirnnd residents ot Ureat bah Lake City, and not members of me murraoo cniircn, nave read tne arove te egram or Wr. Young, and treolv certify that we fully believe that citizens o every class, who slmnlv attend to their legi timate buriness, are as free from intimidation and as fully respected In their rlnhtsJn tills city as in any oart I the United mate W. wuiatd Smlih. Lleute- F. H.IIesd, Sup'tln. Affairs. nanfi oiunei Din u n v., xnounnan, urr company, Com'dine (!imn rinnuliui I hanker. Captain J. Benuet, C H. J U. Jones, merchant. Von. J. H Hughes representa N. 8. KanshatT A Co., mer tive ot Uoiiaday A lialsey, bankers. J. V. ( aider, late Captain N. C. Vo s. W. U. Lewis, ex-Asst. Ad - (len. U. s. V. Stehnlns Co , merchants. CIIK111H . l is fc Bro., merchants. . B. Ktinball. merchant Bedenbur & Kalio, mer chants. Walker Bros., merchants. GENERAL SIIF.IIHAN TO BBKUIAM TOCNO. BltlGHAM Yoi'NO i Mr: lour desoatcb Is received, and I am much grati fied at Its substance aud spirit. W. T. sfi KK M AN , ' Major General Commanding Department. THE NATIONAL CAPITAL Special Despatches to Th Evening Telegraph, WAsniNOTON. May 10, An Indian Treaty. The President has proclaimed the treaty re cently neprotiated with the Boia Foite band of Chippewa Indians, by which they cede to the United States 'all the lands heretofore claimed hy them, and more especially that portion of their territory at and near Lake Vermilion, as a reservation. The Government, in considera tion of this important cession, will give them lauds elsewhere, and provide lor their domestic comfort. Prospective End ot Protracted Lift- Ifution. Arguments in the case of the John D. Daniels, Madeira, Good llelurn, and (Jonstantia, which hsve been in litigation for nearly fifty years, were concluded to-day before the .Mixed Com. mission, under the convention . between the United States and New Granada, Sir Frederick Bruce sitting as umpire. These cases involve, in the whole, $700,000. Only one-halt this amount is claimed from New Granada, toe other half having been heretofore recognized by Ecuador and Venezuela. The decision will be rendered within eight days. Concerning: Pensions. Yesterday the Comniinsioner of Pensions decided that in the tiling of claims for pensions, the last clause of the sixth section of the Sup plementary Pension Act of July, 1804, providesi that in every case in which a claim for pension shall have been tied more than three years after the discharge or decease of the party on whose accouDl tbe claim is made, the pension, 1 allowed, shall commence from the date of tbo last paper in said case by the party prosecuting tbe Bume. Many cases have arisen in which minor children, after tbe death or marriage o the widow without having received a pension,' have filed a claim more than three years after the death of the father, but less than three years alter they were first entitled to make a claia under the law. The Commissioner decides that in all such cufes the law does not applyrro- viaed an application made within the pre scribed time by the widow was already pending, but the claim of the minor children must be made within three years from the date of the widow's death or re-marriage to be exempt from the operation of the limiting statute. The Merchants' National Bank. Tho further investigation into tho affairs of the Merchants' National Bank of this city ex tends, the more is the complete rottenness of the concern exhibited. It has transpired that, In nddition to Government losses already pub lished, there were $25,000 deposited by T. J. Hobbs, the disbursing clerk ot the Treasury De partment. The indications are that the wreck is complete, and the depositors will get little or nothing, i , Secretary HcCnIIoch'a) Vlsltlnff. The visit of Secretary McCulloch to Jetf. Davis is still a mystery. The subject has never beou mentioned in Cabinet meeting. Examination Ordered. "Secretary Harlan has directed an examination as to how many clerks in the Interior Depart ment were drafted here and put in a plea of non residence with the Intention of substituting soldiers for them. ' . Tne Empire Recognized: . The State Department has received news that the Mexican Empire has been recognized by Ocu emalo, Nicaragua, Honduras, San Salvador, and Costa Rico. - ' ' ' ' " ' ! Providence Election Pkovideno, R. I., May 9. Thomas A. Doyle, : Independent candidate, was ton ay elected Mayor of this city by a majority of 814. ; The City Council was elected chiefly on local issuer without reference to political questions. From Fortress Monroe. ' Fobtbbss Moneob, May 10. The barque Anna, from Bremen for Baltimore, passed in the Cape yesterday, TliTliD EDITION ImrcrtaiU from the Pacific. I: DIAfl MASSACRE , IN ASVZ3M. Fort Goodwin Onpturetl txml Utinel. 124 IXEN MASSACRED. Etc., Etv., etc., Etc. Ktc, tc, Ete. : . Pan Francisco, May 6. A special messenger arrived yesterday at Los Angeloe,' brins?in a despatch from the commander ol Fot Grant, to General Mason, Announcing that Fort Goodwin, Arizona, hud been taken by, 2000 lndiane, and the garrison, consisting of 121 men, ma-isacred. with one exception, and tbe fort burned. The man who escaped was out hunting at the time', and witnessed the commotion at a distance.' He saw the fort burning, and lizard the tiring of guns during the tight, which lasted nearly an hour. . It is supposed that the Indians gaincl admis sion to the fort under the pretext of entering into a treaty of peace, which General Maou had instructed the commander of the fort to make. SKCOND OESPATCn. , 8an Fbancihco, May 8. A letter, dated Mari copa Wells, Arizona, April 18, states fiat Brevet Major James F. Muller, Captain of Company B, Nineteenth Iutantry, and Acting Assistant Sur geon Tappan, Uni ed States Army, wero fired upon by the Apaches, at Cotton Wood Springs, March 22 the former killed, and the iatler ba.ily wounded. , ' i THIRD DBSPATCn.") ' Nsw Gold Discoveries Success of tho Union Ticket at Charter Elections in Nevada. . San Francisco, May 8. The roads in the iu terror ore .now passablo, and large quantities ot Ircight are being forwarded. Wheat la firm,' with a lair demand. Flour is iu moderate re quest and steady, ; . i. A despatch - received yesterday, from Nov Westminster reports that new gold digsiQg3( paying $9 per foot, have been struck on Cle men's creek; near the Big Bend mines. Hun dreds ot boats are, going up the Columbia river, laden with miners and provisions. It is ru mored that the United States soldiers at Fort Ad ville havo deserted and gone to tho mines, taking their arms with them. The charter election in Virginia City, Nevada, resulted in the success of the Union ticket. The charter election at Stockton also resulted in the success of tho Union ticket. , CONNECTICUT. Tbe Senatorial Oaavsis-Oaasas of the National Republicans General Orris S. Ferry Nominated to Succeed Vice-President Foster. , Nbw nAVEN, May , 9. At the Republican caucus tonight seven informal ballots were taken for Senatorial candidates. : Thq first ballot stood: L. 8. Foster, 05; Governor Buckingham, 55; General Ferry, 24. The . last ballot stood: Foster, 65; Buckingham, 1; Ferry, 79. General Orris S. Ferry was then unanimously noiu.aated A Verdict or Harder lit Baltimore. .Special Despatch to The Evening Telegraph. Baltimore, May 10. The jury ot inquest over tbe body of Clinton James, killed last nigh' by John Price, rendered a verdict to-day that tho deceased came to hi death by a pistol-shot fired by Price, who wan sent to Jail to await trial for murder. James was second in the pugilistic affair two days ago, near Alexandria. Price was released from prison six months aero, and has served over twenty years of his Hie In the penitentiary and other prisons for murder and other assaults. ' The wKearsarc.' ALARUIftO REPORTS OF TUB PROGRESS 09 TUB YEL- LOW1TKVKKON BOARD BKVBN 0 HHB OFFICERS AND MAM Y OF HKR CRKW KBPOKTICD DKkO, XTO. Madrid, April 20 I have some dls'ressinir new from Lisbon to communicate concerning the cor vette Ktartarge. As I have written vou, she had been sent to the coast ot Africa on a short cruise, to show he Bug and examine into the present condition ol affairs in that choice country. While on me ooast sho became mooted with the yellow fever, which made terrible havoc among her ollicers and orew. hue at once turned and headed north, and arrived on the 18th or 11th at Lisbon, and was immediately placed in close quarantine. 1 am pained to say tbat seven officers and a nam- er oi men were tho victims of the tumble soouree lam notable to rive their names, or any further details concerning the sad cruise. I hope to ho able in my next to t-end full particulars, whioh I have tolfsraphtd for trom Lisbon. It is to be hoped that the reports of the terrpile mortality I have received are exagverafed. lboy are certainly something tearlul to contemplate. K tew days will dear up the whole question. AT. Y. Utraid. LEGAL INTELLIGENCE. fonrt of (luarter Hmmlonts Allison, P. J Tho oase oi Duniol aud Michael iloouey, who were charged with the larceny ot two cows valued at $ 100, the property of James Drown, was continue! After the oiose ef our yesterday aftornoan's report witnesses for toe defendants stated that they saw the defendants buy the cows In West Philadelphia; saw one ot them mark ttietn with tar, aud send them borne, 1 wo of tbe witnesses killed and dressed tho cows. All of them ideniitieii the bides seen at the tan-yard as those taken from the oo-vs of the de fendant whereas Brown swore Uiey were tbe hides cf his cows. I be hides were broueht into the Square, and the Jury and counsel for both sidis went oat aud ex aminee them A witness for the prosecution pointed out a cut on one of ihe horns bv which he could re counixe and identity lirown's cow A rreat part of tne lime was ocouoiod by the examination of wit nesses and the discussion ot cows' norm. Still on trial. v , I be Roprsne Court at ITIhI Prion, Jus tice 1 horuoton, was in session this morning, and eu gaired with the Equity arvumeot List. . Tbe ItiNirlt t oiir No.'il, Judge Stroud, was engaged with the oase of Conklin iHoiser'a admin istraior, - Aa action on a book aooount. Nothing ot public importance transpired. The boys of New Uedford have formed a society for the suppression of prelauity and vulgarity. FINANCE AND COMMERCE Omci o tub RvcitiNO TatEORAPn, Thursday May 10. 1866. The Stock Market opened d oil this morning, but prices continue steady. Government bonds are in good demand. 5-20s sold at 102J. 109 was bid for 6s of 1881; 102 for 7'30s; and 95 ' lor 10-409. State and City loans are also ia demand.' Pennsylvania 5s sold at and new City 6s at 99, an advance of L ' Railroad shares are less active. Pennsylvania Railroad sold at 54, a slight dec'.lne; Little 8chuylkill at 86a30, an advance of 4; Norrls town Railroad, -54.jjr5, a slight advance; Reading at 5.1f, no change; Elmira. 28; Lehigh Valley Gl, a decline of 4, and Philadelphia and Erie at 33L 125 was bid for Camden and Am boy, and 80J for Catawissa preferred. City Passenger Railroad shares have advanced. Second and Third sold at 80, an advance ot 2; Thirteenth and Fifteenth at 221, an advance of 1J; and Ileetonvilie at 30130J: 54 was bid for Tenth and Eleventh; and 38 tor Spruce and Pine. Bauk shares are firmly held at full pric-s. 110 was bid for First National; 215 for Norn America; 137 for Philadelphia; 120 for Farmers' and Mechanics'; 62i for Commerciil; 2H tor Mechanics'; 95 for Kensington; , and 62 lor, Girnrd. ' Canal shores continue quiet. Lehigh Naviga tion sold at 544, an advance of 4; 274 wa3 bid lor Schuylkill Navigation common; 34j for preferred do. ; 15J for Susquehanna Canal; 63) for Delaware Division; and C3 for Wyoming Valley Canal. In Oil shares there 19 very little doing. Ocean sold at 8, a decline of 4; and Jersey Well at 31 100, a slight advance. The New York Tribune this morning says: "Money is ottered freoly at 5 per oent. on call, and brokers are solicited to make sixty day loans at lens than 6 per cent. 1'lie supply of Qrat-class bills ia small, aud they can be used at 6'por cent, lor best. k'or good papor t'io rate is fynj per oent. A good doal ot money Is olfored at 4 per ceut upon Govern ment stocks and other choico collaterals. Sterling hills arc strong, and quoted 1' 9 ior best at sixty duvs Hie business of the 8uh-Treasury wa-t Ko ceipts, f 8 811,076-72-lor Cus.omi. 9311 OiO; Pay ments f2 4i4,637 3ti; iJalanco, 835 072.648 12 ; Uold Notes, $716 0(0. In freights the business 01 the. week has been only moderate, but we notico 11)1119. Improvement in the rates for grain to Loudon. To Liverpool the rates for cotton are lower, f ho en gagements today to Liverpool are 21,000 buiheis corn at H tJ&hl., and per steamer, 203 bales cotton at ia. To Loudon, 87,000 unstielscorn at 4)rt., and 2080 tons oil oako at 15s in oiiarters very lute has boon done. An injunction was granted on Tuesday against tho Dir. ctors of tho Mariposa Mining Com pany, restraining them from lucroaung tho pre ferred stock. A report that aa increase would be made was put in circulation to depress it by parties desiring to replace stock at lower ra e than those now current." The Commissioner of Internal Revenue has de cided tuat if a check is leooived as a payment of money, or in payment ot a debt due, the receipt given theroior s chargeable with a sumo duty of two cents if the amount exceeds tnoniy dollars. Hub, ot course, is in addition to the stamp on tho chock itself, The Chicago Tribune of Saturday afternoo n says: "Business during tho week has been more aotive than usual, and deposits at the banks nave been quite lu avy. fliis has r. ndered tuu money market quite easy, and prime produce and mercantile paper is in good demand at 10 pur ceut. por annum, the sup ply of Lantern Kxonauge. as compared with the uo mand, is vory light, and tho market is firm at par buying and 1-10 premium soiling It uud lot 4 were sold amon ? bankers to-day at a premium of 6O0. per thousand." The Richmond Whig of the 7 LI 1 remarks, re lative to tho Covington and Ohio Railroad Company: "At the last sesion of tho Legislature of Virginia an act was passed, in which the Legislature of Wesc Virginia concurred providing ior tho disposal of the State interest and irancUises in the Covington and Ohio Itanroad on whicn the State, before the war, bad expendod three and a half millions ot dol lars and loaviug the dotuis of the disposal to live commissioners from the Stato ol Virginia, and Ave Irom West Virginia. On the lit instant these com missioners met in liaitiu ore. Three ooinpanies, con sisting, as we are inlorined ot men ot recognised position and ability, appeared beiore the commis sioners with proposals, and. a ter two or three meet ings, tho conunisKioners adjourned to New York lor lurther consideration. : Our information is that the commissioners will be able, without doubt, to make an arrangement that will insure the speedy and aatis lactoi v oonstruo'iou of tbe work a work from which, this State has so much to hope in lebuilding her (alien fortune " I'MLADELl'lllA STOCK EXCHANGE SALRS TO-fjA? Reported by De Haven & Lro., Ho. 40 8. Third street. must hoard f500 US 6-20s 62. . . .1024 1 60 sti Penna K 64 J tifouu ao iuz ) Bh 11 sh uo. . do., do., do., do.. 64 64 61 641 641 8b J 86 fe2"0 do.... 1864. 1024 2000 do 1866 102 I'a. 6s 88 tiiO Alieg Co 6s.... 70 2a00City6s, new... 09 aot'0 do 99 4600 do mun 09 700 8ch Nav s 82. 84 63000 I'a H 2d mtg 6 95 C3U00 N Pa 6s 90 100 sh Ocean L6 8 28 sb 0 sh 23 sh 60 sh Lit bob 100 sh do.. 8sh do.. 26 sh do. . 80 86 loosh do 86 100 sh Keaa slO 68 0 sh Elmira It 23 10 sh Leh Val til 800 sh Jers'y W 6-10 21 sh Lehigh Nay... 644 89 sh do 64 20 sh do 64 KK) sb Pnil ft Erie... 83 f 100 shN X &U'dC 10 sh 2d & 8J.... 61 80 221 8sh Nornst'nU.... bi 8sh do 66 lift) sb 13th & 16th 100 sh do e80 22 PHILAD'A GOLD EXCHANUE QUOf ATIONS 10 A. M 12Hi 12 M 129 U A. M 129 I V. M 129 Messrs. DeHaven & Brother, No. 40 8onth Third ctreet, make the following quotations of the rates ot exchange to-day at 1 P. M. : Buym(f. Set ma. American uoia American Bllvor, a and is... Couitiound Interest Notes 1 ' " June, 1864... " ' , . July.. . 1864. v.. " August, 1864.... " . .' October, 18t4. ... ' . Deo., 1864. . . . . May. 1866.... . .. August, 18H5. ... " Kept., 116.,,. , " . October, 1866. . . . Philadelphia Trade Report. TbtbsdaY, May IU The Flour Market Is as Arm as ever, and there Is a fair uemaad tor the supply 01 the home consumers, at full rates, but there Is no Inquiry lor exportation .th alvlcas fiom abroad being of a char-' actor which forbids opera' Ions by hlpoem Aoout 1600 bbls were aisuosed ot at prices raiiKliig trom 7 59 to as ior miierfliiet ifJ.Vvl 25 toreitiaa) slowil ; ior Northwestern ext. a rami v, the latter ra e lor choice; til to all'oO for Feniixylvanla and Ohio do do.; and 13018 tor tanoy brands, aovordlug to qualtv. live K lour Is selling at sS'IiiUiS 1 bbl. in Cora Jlea no change to notice '1 he v heat Market IS characterized with much firm ness, but tliers Is very little doing, owing. In a meanure. to the aost-nce ot'tupplles. Hales of 6U0 Duxhsls sood re j at '1W! to bushels tar do , at J M; and souis choice at i7ttv'17At bushels (.prlng sold at i'2-. White oommaoJi t'i 16j-fi5, . Kye coin.-s forward owly. and -Bieets with a good deaiaml at l(il -U "t bushel for Penn sylvania. Corn la la fair requent with saes ot 61 km) bushels yellow at 81 oeuts. afloat. Cats are unchanged. " sales of 210 bushels at 2fcoM cents for Pennsylvania.' and light Delaware, la Hurley ana Jns't ne change. rloverceed con es forward sowiy, and meets with a ' limited Inquiry. Hales o' ttiU bunhels good at SVANdjWV " otl lug doing ia Tlmoihy. Flaxseed sells at 'i1iKU-76. V hlfky coiitluues vt-ry du'l. Small aa es of P. uunvl vaula havs been made at SifeY 'iA, and Ohio at ti 27. A universal congress of all the followers ot Hahnemann will take place in 1867 in ritris. .122 121 Hi 11J loir 105 9 9; A K 4 4J 4 4? 3 81
Significant historical Pennsylvania newspapers