1'
H
H
A
J.
VOL. VIII-No. 13.
PHILADELPHIA, TUESDAY, JULY 1G, 1867.
DOUBLE SHEETTHREE CENTS.
1
. o
THE TRIAL OF MAXIMILIAN,
THE LAST DAYS OF THE EMPEROR.
JFeUl Acconnt of the Trial at Maximilian,
Ulrtmon, and Mejla.
The following account of the trial of the Im
perialist la translated from the Mexican Jour
nal La Sombra dc At tcaja, of Queretaro, June 18.
The three days' prorogation granted by the
supreme Government to the counsel of the
criminals for their further deiense having ex
pired, an order from headquarters organized
the Court-martial, aud In virtue of the orders
from headquarters the Adjutant-General issued
Ills order as follows:
.A buy Corps of the North, AronTANT-GKNit-bais
Owner., Qiierktaro, Mexico. At 8 o'clock on
the l.ltn, ;court-nmrtlal will organize, and be com
posed ol the following oilicers: President Lieute
nant Colonel l'laton Handier.. Members Capiain
JoseV. Ramirez, Captain Miguel Lolero, Captain
Ignaclo Jurado, Captuiu Juan Ittiedny Auza, Captain
June Verasllgue, Captain Luoua Villugraii. This
court martial will meet at the appointed hour, at the
Theatre or lturblilo, In conlorniily with article it and
paragraph 6 of general orilers of army regulations
So. 37. All oilicers not on duty will attend punctually
on the court-mailiul, at the place and tinie.iDeiitloued.
At 6 o'clock A. M., will be formed In front of the Tem
ple of C'apuchlnaa, fifty mounted rilletnen. of Oaloana,
with their con enponellug oilicers, armed and equipped;
and filly men of the buttalion of the guard "of the
supreme powers," likewise with their arms, equip
ments and oilicers, both or which detachment will
Iilace themselves under the orders of Colonel Miguel
'alacloH, commanding 2d Brigade.
(t-lgned) BIEBRA.
Countersigned Medina.
At 8 o'clock A. M., on the 13th of June, the
court-martial Assembled at the Theatre of Itnr
bide, and the uudlenoe was very large. The
stage was occupied by Uie Court, leaving the
rei of the theatre to the spectators. The right
of the stage was occupied by the members of the
Court, and on the left, and Immediately oppo
site, were placed three stools lor the criminals
and seats for their counsel. The most profound
emotion was depicted in the countenances
of all, and the silence that reigned in the
circle could almost be felt. Messrs. Mlramon
and Mejla were brought to the theatre at 9
o'clock, in the morning, In a coach, escorted
by a company of riflemen of Galeaua,
covering front and rear of tue vehicle, flanked
by a company of the "supreme powers" on one
side, and one company of the 4th Ltattallon
on the other, In thiswise they arrived, and
were delivered over to the oilicers In charge of
the court-room. The President opened the
Court. The members aud the couusel took
their seats, all being In strict uniform. The
Judge Advocate, Lieutenant-Colonel Asplroz,
read the charges, after which was read the order
from the Commander-in-Chief.
The previously taken declarations of the pri
soners, flrst, Maximilian, then Mlramou and
Mejla, were read. Next followed the confession
and charges, after which there were some slight
unavoidable interruptions, such as, for example,
Maximilian asked that he be permitted to call
three lawyers of Mexico to defend him. He
also desired Baron Magnus to be called; that he
had matters of his family to arrange, and also
matters of a national character touching
Venice, Italy, and Austria, ol the ntmost lm-
Bortance to those countries. The General-in-hief
granted the prayer of Maximilian, forward
lng his despatch to General Porflrlo Diaz. The
latter, however, would not allow the telegram
to puss into that city, on account of Its being
besieged, stating that he must have a special
permit from the supreme Government of the
same, which was granted. Maximilian named
as bis counsel Mr. Jesns Vasquez, of this city,
and Eulalio Frrepa, Mariano Hlva Palaclo
and Rafael Martinez de la Torre, of the city of
Mexico. Mlramou nominated Messrs. Jauregui,
of Ban Luis Potosl, and Arabrosio Moreno, of
Queretaro. Mejla nominated Mr. Prospero C.
Vega, also of Queretaro.
The counsel having read their acceptation of
the defense, other documents of a preliminary
character were presented and read, but the
rapidity of the reading and the confusion In tho
proceedings do not enable us, at present, to give
a detailed account of tnein, according to num
bers and dates, or of their exact statements. We
Will, therefore, content ourselves only with
speaking of the main one. Among the docu
ments regarding Maximilian, outside of the
petition aforesaid, there was one protesting
against the Jurisdiction of the court-martial,
claiming it to be an illegal proceeding against
his person, Inasmuch as it was based upou the
law of the 25th of January, 1802, decreeing
sgainBt traitors to the country; aud that he,
being a foreigner, could not be a traitor to
the country that is not his own, and over which
be exercised such high functions that he be
lieved himself unamenable to the law. There
was also a petition, directed by Maximilian to
the President, asking an interview, and the
answer of the President, stating that the Inter
view could not be granted, beuauseof the limited
time allowed by law lor his trial, but that he
could address him In writing anything be chose
to say. An order from Heauquarters also ad
vised the Judge Advocate that any protest or
exceptions taken by the accused shall be pro
perly certified, aud a copy of It given to those
interested. Mention wus aUo made of the cer
tificate of Illness of Maximilian, arguing in
favor of the prisoner being removed to some
other place, for change of air.
Next was read the nrotest of Mlramon and
Mejla against the Jurisdiction of the court,
which being rofuseu, thoy again excepted to,
because they were denied the right to appeal,
there being no Supreme Court in the nation, and
they aked only that they b furnished a certi
fied copy of the rulings of the court. These
proceedings having been goue through with,
the accused, Thomas Mejiu, was brought Into
cotfrt, and was seated on a stool, guarded on
each side by an escort of the "supreme powers."
Mr. Prospero commeuced the defense. We
have beard a great deal, and have read much,
but never have we heretofore felt the ad ml ro
tation inspired In us by the able counsel, tilled
with the principles ot right most applicable to
the case, delivered by the heartand inspired by
the most liberal principles of our great code,
the Constitution of 1867. This masterpiece of
oratory moved profoundly the entire audience.
The points of the defense were three: 1. The
meaning of the law of January 25; 2. Its applica
tion to the defendant. 8. Its constitutionality.
The counsel held that the law of January 25 is
only applicable from article litn to 11th inclu
sive, because the balance confllcis with the law
of nations and cannot subject the accused to
the penalties of said lnw.
The President asked the acoused if be had
anything to say in bis defense. He answered
no, that all was said by his counsel, but that if
anything was forgotten tho counsel would state
It in proper time. v
Mejla whs then led out, and immediately
Miguel Mlramon was introduced. Messrs. Jau
regui and Moreua reud successively the defense
ot the aocused, with but slight dltterenoe lu the
legal part of the defense. Hie same points being
claimed us were made in the defense of Mejla.
regarding the Incompetency of the Court and
the refusal of the right of appeal. A great many
authors were read touching the case In point.
But the main point of tho defense went to
establish the fact that the law of January 25
could not be applied to Mliamon; that he was
accused of stubborn resistance to the Constitu
tional Government, bis prouunclamento in
Pnebla, bis abstracting the funds of the Con
vention, bis usurpation of power, and. lastly,
his last campaigns under the flag of the Km pi re.
Next followed the trial of the Archduke.
Having been confined to his bed for some days
previous, be was this day, if anything, worse.
Mr. Manuel Asplroe repaired to the prison,
from hence be returned shortly, stating that It
was impossible for the prisoner to appear. In
ronsequence of which Messrs. Jesus Maria
Vasouezsnd Knlallo Ortega alternately read the
defense. The first part of the defense compre
hended all of the legal points applicable to the
kase It was claimed that the Court was lnoom
ti trv the case, that the law could not be
knDlled and the unconstitutionality of the
iuie and they strongly argued against the lr
ipffui'arltyof tue prooeediugsol the Court, in the
r:K" ,.,.XV nil wiLuesses.doeumenta.andofDroof.
&h. .filiation ln which the defense Ouds itself
la incomplete. That the case under cousldera
.,,h magnitude. Involving so mauv
Iwiintsof international law.hlstory.aud politics.
P?itth forty-eight hours which were granted
" ;?JL,T,r ?,.r Its oreDaratlon. That the
Prisoner should not be deprived of the proper
prisoner ju particularly la
X5I ease it is imperatively necessary the
l&nreof the case requires that all the legalities
liberation mark the proceedings, in order that
the fair name of this Republic should remain
unimpaired before the world, which so anx
iously awaits the solution of this s iclal drama.
Beveral author were cited to sustain the po-d-tlon
taken. The court overruled the position
taken, and forced the defense to trial, the coun
sel declaring that they could, but would ot
keep silent, In view of the incompetency of
the court and the Illegality of the law, and then
commenced giving a history of tho prisoner.
Mr. Ortega, who was then speaking,
said he would answer to the charges
made against the prisoner because
be was forced to do so, not because there exlated
any proof sustaining the charges. He ran over
the history of the accused, bis arrival In
Mexico, answering to the charge made against
him as an usurper. He said, Maximilian being
at Miramar, received a delegation of Mexicans,
presented to him by a high functionary of the
court of his brother, who came to offer him the
crown of Mexico. Maximilian refused to accept
the crown until the will of the nation should
be known to him. Meanwhile the t rench occu
pied Mexico, and under the terror of bayonets
the Assembly of Notables was convoked, who
voted the creation of an empire, or which the
Archduke was to be the head. Under the In
fluence of the said assembly many municipali
ties gave in their adhesion, and these acts of
adhesion were remitted to the Emperor elect.
Maximilian, still hesitating, consulted the
most eminent Jurists of England, and the col
lege of London declared that he was elected by
the will of the nation Emperor. The Jurists of
London, as well as the candidate, ignored
the means used in Mexico la order to obtain
the unanimity of the people by triumphant
parties. Maximilian accepted, not believing
himself a usurper, but, on the contrary, Its
legitimate sovereign; and, moreover, this Oellef
was confirmed by the reception he reoelved on
bis arrival In this country, unaccompanied by
troops, and none with blm but his fttmlly, the
ovations tendered to him in bis transit from
Vera Cruz to the City of Mexico, and at the
f laces he visited afterwards in toe Interior of
he country. Mr. Ortega denied the charge that
Maximilian was there as an Instrument of
France; that the Archduke bad been In conflict
with ber since the agreement at Miramar; that
there France asked the cession of Honora, and
be refused it. and even Insisted that the article
claiming this pretension should be stricken
out; that be constantly opposed the demands of
the French olliclals, and this state of affairs
lasted until they quit the country. When
Maximilian perceived the first symptoms of
general discontent he withdrew from the
capital, and In Orizaba and Cuornavaca be
called around him bis Ministers of Htate, and
consulted with them about the legitimacy
of bis election and the will ot the people,
and they represented to him the entire fidelity
of the people. Most ably did the counsel refute
the charge of cruelly charged upon the prisoner.
Ue said tne law of the 3d of October was made
by Maximilian when he was cheated into the
belief that President Juarez had abandoned the
territory, and that one of the articles ot that
law was dictated by the commandet-ln-cblef of
the French. Mvreover, this law was only In
tended as a terror, because never was a petition
for pardon presented but It was conceded. He
bad given orders that no matter at what hour
of the day or night a petition for clemency
came, be should at once be Informed of it; that
neither bis rest nor his labors should be re
garded, which was strictly observed. Finally,
the couusel argued the unconstitutionality of
the law of 1802, it being Incompatible with, the
spirit of the Liberal party and the rights of the
nation, Inasmuch as the conqueror is made the
judge of the conquered. The counsel closed,
earnestly asking of the. members, in the name
ot civilization and the history which will judge
of the terrible deeds done this day, for the de
fenders of the second independence of Mexico,
to save the good name of this country in the
eyes of comlug generations, tbatthey may for
ever applaud the crowning of the greatest of
victories with the greatest of pardons. Hero
ended the reading ot tbe eloquent defense.
It was 9 o'clock at night when the President
annouueed that the court stood adjourned to 8
o'clock to-morrow morning, that the defense
could not longer continue, as the court desired
to consult counsel lu reference to some points
in the case.
June 14. At the stated hour the court-martial,
having gone through tbe usual form, was de
clared in session. None of the acoused were
present. Tbe President asked the oounsel for
the prisoners if they had anything further to
advance for tbe defense. They answered not at
present, but wished to reserve further argument
nntil a later period lu the trial. Mr. Manuel
Asplroz, tbe Judge Advocate, then react the
charges against the accused, sustaining the
same by certain official documents emanating
from tbe so-called Imperial Government. Mr.
Asplroz nulled with bis known ability a dig
nified and solemn energy which indicated
no doubt as to tne result of the trial
in the minds of bis hearers. Among tbe accu
sations against Maximilian, was found that
terrible charge of having attempted to prolong
tbe war by bis celebrated decree of March 7, la
which be created a regency, in case of his death
in any of tbe coming battles. To rebut the
effort made by Mr. Vega to overthrow the
charges .by reason of the absence or any
prool of the same, the Judge-Advocate said
that all tbe charges wore founded upon
the notoriety of the acts, and that notoriety
was sufficient to establish tbe accusation. That,
according to article 28 of the ;iaw of January
25, It would have been sufficient to establish
It as a capital offense, even previous to the
identification of their persons. Tbe absence of
those records and testimony, which the counsel
deems so strange, amounts to nothing. They
are not needed. The prisoners were captured
with arri s in their hands, and their crimes are
known to tbe entire world. He oonoiuded by
asking that capital punishment be adjudged
the accused.
Messrs. Vasquez and Ortega then successively
addressed the Court for the defense. The first
of these gen tleraen carefully refu ted the charges,
and concluded with these memorable words,
addressed to tbe Court: "If you condemn the
Archduke to death, I am not uneasy about a
coalition in Europe, or the threatening attitude
that the United States may assume towards the
Kepubllc. I have confidence in the Liberal
armies that have rooted out the French from
this soil. Hut I fear tbe universal reproaon t nat
will lall upon our country, as an anathema,
more than even the sentence of death, because
of the nulllly of the proceedings of this Court."
At this point Mr. Ortega prooeeded. This gentle
man is an orator. We have seen him, and were
reminded of tbe beauties or Mlrabeau. His
audience was held spell-bound. He went into
tne case with that power oi improvisation so
remarkable In blm. He protested against the
Irregularity of the proceedings. He called atten
tion to the principle in right and law that tbe
judge Advocate snouia nrsi reaa nis peuuuu
before tbe defense commences, because the lost
woras to do neara by the court snouiu oe
those of the accused. We charged the Judge Ad-,
vocale with baviug formed his petition from'
the answers made by the defeuse, la view of
me proois mrnisneu Dy me uerouse, which is at
variance with the legal practice and tho right
ful nutore of all things. He reproached the
Judge Advocate with having collated into his
petition prooi mat naa not been read during
the trial, which, apart from proving that that
officer had taken advantage of the suspension
of the Court during the night to perfect his ao
cusation, but making points which were
suggested to him by the deiense, this being
against all law In a question where life and
death Is concerned. It bad more the appear
ance of trying the prisoner on his own state
ments than by the proofs adduced against him
by the prosecution. Regarding the accusation
against the Archduke that he attempted to pro
long the war by appointing a Kegency in case of
bis death, said the counsel with earnestness
aud spirit. I declare that Maximilian's subse
quent act of abdication at the Cerro de la Cam
pana is In existence. On my honor lean assure
you, and likewise can the faultless Liberal.
Mariana Rivas, assure yon, that in that abdica
tion there is no evidence of a regenor Con
cerning tbe artiole 28. of which the Judge Ad
vocale spoke in justification of the absence of
evidence and documentary proofs, all the ooun
sel for the defense answered In so many words
that tbe times of tbe Inquisition bad passed la
which nothing bat the mere forms were all that
were required for conviction. They never sup
posed that Mr. Asplros expected the honorable
court, whose youthful members were the brave
and noble soldiers of tbe Republic, had assem
bled for the purpose of condemning, aud not
convicting. And lastly, that they never be
lieved that the honorable court would make a
farce of justice, under a watchword. Instead of
proceeding according to the dictates a their
own consciences. They (the counsel) scorned
to entertain this Idea of the brave chiefs com
posing this council. The Idea Is the offspring
of the strange argument of the Judge Advo
cate. One of the counsel for the defense, we believe
Mr. Vega, asked tne Judge-Advocate by what
right be annulled the order of tbe Supreme
Government, demanding him to proceed ac
cording to ertlolis 6 and 11 Inclusive, comprised
in the law. of the 25th of January, omttttug the
balance, and among them article 22. Mr. Orte-
f:a read the order and made a note of the la
ractlon. Mr. Jauregui having closed for the
defense, Mr. Moreno presented a protest based
upon three propositions, energetically protest
ing against the admission of evidence subse
quent to the trial, inasmuch as the prosecution
had been closed up, and the Judge-Advooate
had ample not ification of the defense. Without
anything further transpiring, the Court went
into secret session for the purpose of passing
the sentence. At near 10 o'clock at night the
court-martial dissolved, and we are not at this
moment officially Informed of the decision.
The court-martial is over, and the republic
after having struggled until they brought their
enemies to the bench of the accused, after hav
ing beaten them in a thousand fights, will this
day decide their fate, either by approving their
sentence or extending clemency. The ciiy, the
republic, the world, awaits anxiously the re
sults of this torrlhle drama.
Tlic Last Decree of the Emperor,
Considering that If our death was to happen, the
Government of the Ktiiplre would be headless on ac
count or Die r.bsence ot its legitimate Regent, Our
August wife the Km press Carlotta; considering that
to remedy this great wrong, aud to secure ou our part
the happiness of the Mexican nation, even alter our
death, it is necessary to leave an established Uovern
ment whom the nation can recognim as the centre of
union: considering that It Is through the fre-ly con
voked Congress which will be decided the form In
which It will continue to be constituted, and substi
tute tbe present one which Is the monarch, and for
tbe same cause of our absence the Government will
be deposited In a Regency. We decree:
Article 1. Our Regents of the Kmplre. In our defect
Incase ot death, 1). Theodoslo Lares, D. JoseM.de
Lacnnzs, and General Leonardo Marquez.
Article, The Kegency will govern In accordance
with tbe org.mlc statutes of the Kmplre.
Article 3. Tbe Kegency will convoke Congress,
which will definitely constitute the nation after the
termination of the war by the action of arms or by
amnesty, the legitimate and free election can take
place, and that constituted power can assemble.
Article 4. The Kegency will cease and also the
fiower with which we invest it In this decree at the
nstallation ol the Congress.
Our Minister ol Public Instructions Is recommended
to Inform the Kegents heretofore named when neces
sary. Given at Queretaro, June 10, hi7.
(Signed) J. C. DOUIA. Secretary.
Significant Reply of the Emperor.
The following question was put to Maximilian
during the trial:
"Are you willing to admit that you are re
sponsible for all the strife that occurred la
Mexico since the evacuation of the country by
tbe French?"
"No," he answered. "Juarez Is responsible
for It all. After the departure of the French I
sent a message to Juarez and proposed to him
to proclaim a general amnesty, and to grant a
full pardon to all who had been 1 ientlfied with
me and the Imperial cause. Juurez refused this,
and I bad no course left but to remain and to do
all In my power to protect a large proportion of
the Mexican people."
TEA GED Y IN MEMPHIS. '
A "Pretty Waiter Girl" Assassinates Her
Paramour.
From the Memphis Bulletin, JulylQ.
Yesterday morning a dreadful murder tooc
filace at the corner ot Matn and Poplar streets,
n which Charlie Wilson, the Treasurer of the
Varieties Theatre, wai the victim, and Lottie
fcberwoed, a waitress in the same establishment,
the supposed murderess. For some time past
the pair have been living together as man aud
wile. It was known tbat they were not mar
ried, but they appeared to five together on
amiable terms, and were seldom (riven to quar
relling. The girl, like many oi her class, was
subject to fits of jealousy. She came to this
city early in the year, ami has been enfjnsjed at
the Varieties for several months, where she has
always conducted herself in a respectable man
ner. 8he dressed well, but notgaudily ; and was
careful of her earnings, aud at the same time of
committing the rash act which sent her ''lover"
unehriven into etertilty, the bad, it is said,
several hundreds ot dollars deposited in her own
name, while she was possessed ot some valuable
jewelry. Is ho Is a native of Indiana, where it is
said her parents reside. Her victim was a native
of Schuylerville, New York, and his real name
whs Lawrence A. Perrltt, although he was gene
rally known as Charlie Wilson. He baa a sister
living at Saratoga, and it is said his widowed
mother resides in .Schuylerville.
On the evening ot Monday the supposed mur
deress. Lottie, sent word to the proprietors of
the theatre, by Wilson, that she was unable to
attend to her duties that evening on aecoum of
sick Dees. Whether this was a rune or oot to get
Wilson out ot the way while she entertained
company," is not known. Bo that as it may,
Wilson must have suspected something of tbe
kind, for he left tbe ictsblishraent at an early
hour in the evening. What took place up to
1 o'clock in the morning between the pair is not
kDOwn.
About that time the report ot a pistol was
beard on Main street, near Poplar, and several
policemen ran in the direction of the place
where the shot was tired. A man who proved
to be Charley Wilson was seen staggering acrous
Poplar street, and as he was about to fall to tho
ground he was caught by oflicer Wilson, and in
answer to an inquiry, said "Lottie shot me,"
and almost immediately afterwards expired.
When the t-hot was fired the policeman saw a
woman dressed in white ruunimr across Poplar
street at a rapid rate, in the direction of the
place where Wilson and Lot'.ie lived. When
the alarm ot the murder was given, the girl
came down to the place where her "lover" lay
dead, and throwing herself down on the corpse,
sire indulged in a paroxysm ot grief ani called
on "her Charley to come back to life," and cried
and sobbed as it' her heart would break.
During the entire day the antortunate woman
indulged in great grief, and exclaimed otten
that she wished she was dead, and asked a
person who called to see her to pull out bis
pistol end kill her on the spot. She also said
that if she had only a pistol or a knife she would
not be long in this world after "her Charley."
After ouch exclamations she would indulge
In another burst of violent grief, exclaim
ing that she wished she wns deal, as she
had nothing now to live for, that her Charley
was gone.
Lawson C. Ives, who lately died at Hart
ford, Connecticut, left $25,000 to the Hartford
Theological Institute, $5000 to the Hartford
Hospital, and $2500 each to the Widows'
Society, to the Hartford Orphan Asylum, and
the City Missionary Society.
The late Judge Lumpkin, of Georgia, is
described aa presenting in his youth a model
of manly beauty. He was a natural orator,
and was only eclipsed by Henry Clay in the
graces of delivery and exquisite modulation of
voice.
Cholera is prevailing to a considerable
extent in some parts of France. Official reports
likewise state that it lias raged In the provinoe
of Lombardy ever since the beginning of
February. It Is also reported on the coast of
the Adriatic.
Baron Gerolt, the Prussian Minister, did
not wait on the President, a few days ago, on
occasion of Lis recall, as stated, but to make
the accustomed formal announcement of the
marriage of a Princess of Prussia.
Maximilian's Minister of the Interior has
arrived in Washington. He gives a thrilling
acconnt of his escape, and, of course, draws
a dreadful picture f the condition of the
Mexicans.
THE FILIBUSTERS.
Fifteen Hundred Men Raised In New
York to Avn the Death of Mail
mlllan, and to Ileacue Banta Anna
JelT. Thompson Offered the Command
of the expedition.
The friends of Maximilian and Santa Anna,
in New York, ate still enpaued In an effort to
organize an expedition with a view to avenge
the late Emperor's death. Although their
movements are invested with Judicious secrecy,
many ot their plans form exciting topics of
conversation among their acquaintances, who
gather nightly in a certain hotel on Broadway.
They are known to be bound by a solemn oath
not to reveal aught which may militate apalnst
their operations, or prevent the scheme of land
ine hostile forces on Mexican soil.
It Fhould be stated here tbat the men who
have charge of the enterprise are mere French
and Austrian avengers, some of whom are refu
gees lrom the country they design to invade;
but they have received a large amount already
from the agents ot certain European Govern
ments in New York, and they are now working
with these sinews of war. They have opened
three recruiting ofllces, one iu the ostensible
Interrs ol Saota Anna, and two to raise men to
avenge Maximilian's death: and they claim to
have already enrolled over fifteen hundred men.
It is generally believed, however, by those who
know the antecedents of the chieftains of this
movement, that their own aggrandizement, and
not the "civilization ot Mexico" or the wrongs
of Santa Anna, is the grand object ot all their
efforts.
It appears, from all that can be learned of the
movements of the adventurers, that shortly after
General Jeff. Thompson, late of the Confederate
service, bad arrived at bis hotel In New Yors,
they waited on him aud solicited him to take
command of a filibustering expedition. Tue
General is said to have replied that if the num
ber of men raised were In his opinion equal to
the emergency, he would probably consent to
become their leader; and the visitors at once
declared that a large force would be placed at
his disposal, and that he would be joined by
cavalry from Richmond on arriving on the
Texas shore. The deputation then witndrew,
and they are now engaged lu the work ot raising
men. This is one of the reports in circulation
about the matter.
The filibusters. It should be said, are con Silent
of support from other quarters. It is rumored
that General Logan Is to proceed to Ran Fran
cisco In a few days with a view to take posses
sion of a section of Lower California, which
was sold some time since to the United States
by the Mexican general. He is to be accom
panied by a large force of miners, to work in
the tilver mines owned by the company, of
which General Butler Is said to be a Director.
A'eio York World.
LEGAL INTELLIGENCE.
The Wlnnemore Case.
(SUPREME COURT. Tho end ot this case, so far as
courts of Justice are concerned, has at length come.
When this Court, Judges Thompson. Read, and Ag
new on the bench, was sitting In this city durlug the
first week of the month, Mr. Warrlner. counsel for
Ueorge W. Wlnnemore. who was convicted of murder
In the lirst degree and sentenced to deatb. made ap
plication for leave to Hie a petition for a writ of error,
in order to have tbe case reviewed by this Court. At
that Hue the papers were not quite ready, aim soon
after the making of this application the Court ad
journed. But by the instruction of the Court the mat
ter was afterwards given to the Judge, and recently a
decision by Judge Thompson was tiled In tbe i'rotho
notary's oflice.
. In regard to the exception to tbe rapidity with
which tbe case was put through by tbe Court below,
the Judge said: "It Is a uituier entirely within the
sound discretion ol tbe Court, alter a hill is found, wbeu
a prisoner shall be put on trial. It is, therefore, not
a question which Is the subject of review in a superior
or appellate couit."
An exception was taken to the decision of the
Court In overruling the challenge for cause of a Juror.
Tbe ground wus want of education, rafher than nat
ural capacity or intelligence. He could reud but
little: only read newspapers, never read a bouk, aud
did not know his age. Mow, while this showed a low
state of Instruction, it did not show want of capacity
to reason and Judge of what was orally communi
cated. The statute provides no degree of learning as
a prerequisite to be a Juror, itouly requires that a
sufficient number of "sober, intelligent, aud Judicious
persons to serve as jurors" shall be drawn, and It does
not follow thai because a man may not have read
books, or may have confined his readings solely to
the literature of the newspapers, he Is not Intelligent
enough lor a Juryman. But the prisoner got rid of tbe
Juior by a peremptory challenge, and It Is not pre
tended tbat this led to such a diminution of bis rigbt
to challenge so as to prejudice or possibly have preju
diced his case.
3. Tbe next exception was to tbe competency of
Adam Magllton as a witness lor the Comcuonweulth,
ou account of defective religious belief.
On this point the Judge laid It down: "That where
there is a contrariety ol testimony on tbe point (of tbe
religious bellel oi a person otlered as a witness), a
court must ot necessity refer It to ibejury to gp to the
credibility of the witness. There would be no safety
otherwise, and the truth of this would be more keenly
fell when an opponlte course might come to be applied
to witnesses In lavorol a pilsoner than when against
Mm." There was a strong conflict of testimony as to
Mr. Hamilton's religious be.llef.and It was decided that
"tbe Court could have done nothing else than tbey did
on Ibis point ot the case, and consequently committed
no error against Iho prisoner In admitting the wltueas
to testily."
Tbe Court bad no doubt as to the correctness of the
rulings complained of, and therefore the motion for a
writ of error was refused. Judge Agnew concurred
In this opinion.
COURT OF QUARTER SESSIONS Judge Petrce.
William J!- Munu, District attorney;. T. 11. Dwlgbl,
Assistant District Attorney. Jonathan Horalb. was
charged with assault and battery upon David Bwelt
rer. From the statements of a host of German wit
nesses, which statements had a great tendency to
contuse the Court, lawyers, and the Jury, It appears
that tbe defendant was called 10 protect a man who
was being beaten, and remonstrated with the prose
cutor, wbo was tbe beater, and from words there
came a blow; by whom administered was not satis
factorily ascertained. But one blow gave birth to
many others, for eome-J ve or six other men that were
li resent joined in the sport, and a most excellently
general tight ensued.
The Jury acquitted, Imposing tbe costs on the da-
Dav'l'd BwelUer and Caspar Smith were charged
with assault aud battery upon Michael Fisher. Fisher
keeps a tavern, and In that tavera Bwollxer was silting
one evening, nappy under the Influence of beer.
l ibber said tie asueu nweitzer iu gu out, in oruer mat
be might shut up bis place, and tswelt.er became
angry aud struck btm. While ISweitr wus beating
aud pouudlng satisfaction out of Fisher's big body,
hmllh shut the door and cried, "Go In, Sweliaer; he
he's so bigger as two ot you; but I sea you by its der
lulr play; nopody shall come in."
Michael Fisher was then tried upon a charge of as
sault and battery upon David ttweltzer. The testi
mony of the prosecutor la this case was that Fisher.
In tbe most astonishing manner, picked up a board
and struck blm on the bead with it. But the princi
pal witness In tbe cate said there was no fight at all.
These bills were tried together. The Jury acquitted
BweitKtrand Smith aud convicted Fisher.
Adoiph hrowu was cliurired with assault and bat
tery upou Charles lioscb. Doscb Untitled that while
be was standing at the corner of Cadwalader street
and Columbia avenue, tbe defendant cuane up and
struck blm with a stick, and then with his Iit. Ver
dict guilty, with a recommendation, to lbs mercy of
" Peter Bo wen was charged with assault and battery
li not bis daughter, Maggie Bowen. Mr. Kuigbt t sti
fled tbat one day recently, the date was not given.
Maigie Boweu weul to tbe Episcopal iiosoltal, flee
I u ir from ber father, her head was bleeding freely
lrom many cuts and bruisei upon It. Tbe girl
was not in court to say who did make these wouuds
on her bead. Tbe only evidence on the point was
that of ths officer, wbo arrest) d the defendant which
was that the defendant said before the Alderuitn
that "It was a pltr a mau could not correct bis owu
child " which might be construed as an auknowledg
ment'tbat he was Inflicting some violence upon the
"'Lowiirs face Is familiar In this Court. Many times
has be been seen In the dock, heretofore charged
with the maltreatment of bis wife. He nas generally
had oounsel to plead bis case, but this time he was a 1
alone When the evidence had been olnead he re
uuested the privilege of addressing the jury; but lor
some reason or other tbe case was gtveu to the Jury,
and poor Peter was not heard.
Asa Adams was convicted ore charge of the laroenv
f paper belonging to Joshua Taggaru The paper
hurt been placed by e stationery dealer la an oflice on
the wharf for shipment to Wilmington.. It was takeu
from this office aud allurwards found upou the person
of the duleudanU
Aaron Sweat, the negro oandidate for Con
gress in the Cheraw (S. C.) District, is prose
cuting his canvass with great rigor, and is
quite confident of success.
KcBBUth ia sow at Aix-Ies-Baino, in Bevcy.
SECOND EDITION
TUE NATIONAL GAME.
The Athletics, of Philadelphia, ve. the
Tjrroleone, of Harrisburfr, Pa.
IlARRianuno, July 15. The game of base
ball between the Athletics, of Philadelphia, and
the Tyroleon Club, of this city, was played this
afternoon, and was witnessed by an Immense
concourse of people. The game from the com
mencement was all In favor of the Athletics,
resulting in a score of fifteen for the Athletics
and eleven for the Tyroleons.
The Jfankropt Law in Charleston.
Charleston, S. C.July 15. The first case in
this Stated coming under the provisions of tbe
new Bankrupt act, was decided In the United
States Couct to-day. Judge Bryan charged the
jury that the suspension by a banker, mer
chant, or trader to meet bis commercial paper
at maturity and non-resnmetlon of payment
within fourteen days, although without fraud,
created an act of Involuntary bankruptcy; that
an assignment made under tbe State law last
May, although in trust for benefit of the credi
tors of a trader, constituted the assignor an ln
voliintaryjbannrupt, as tendingto hinder and
defeat the operations of the Bankrupt act.
Steamboat Racing on the Hudson.
ForoHKEEPsiE, July 15. The large steamer
Drew passed this dock at five mlnutes-to 10 to
night, making ber time from New York In less
than four hours. She was followed closely by
the Connecticut, tbe latter being two miles
astern. Both boats were going very fast. The
Connecticut appeared to be making two revo
lutions to the Drew's one. The moon shone
splendidly, and tbe boats could be distinctly
seen. There was but five minutes' difference
between the two boats when they disappeared
from view.
Billiards A Ilun or Five Hundred and
Siity-five Points.
Long Branch, N. J., July 15. John MoDevltt
played a game of billiards of two hundred and
fifty points to-night with Mr. Morris, of New
York, In the Continental billiard-rooms. Mo
Devltt made tbe extraordinary ran of five hun
dred and sixty-five points on tbe two red balls,
bis opponent's ball being pooketed. Tbfe is the
largest ran on record without getteng them Into
the Jaw.
A Brace of Murders in Louisville.
Louisville, July 15 George Off, a well
known butcher, was fatally stabbed by John
Smith last night, and James Wheeler, a moul
der, was killed to-night by John Ferguson, a
plasterer. Both the murderers were arrested.
Base-Ball Match at Cincinnati.
Cincinnati. July 10. The Base-Ball match
between the National Club of Washington City
and the Cincinnati Club, yesterday afternoon,
resulted in a victory for the Nationals. The
score stood 53 to 10.
Maximilian Avengers for Canada.
Montreal, July, la. It Is reported that
eighteen Germans left this city to-day to Join
the "Maximilian Avengers" In New York. ;
Markets by Telegraph.
Kiw York, July 1. Stocks are steady. Chicago and
Rock Island, MtV Reading. Iu4,'i: Canton, i'J: Erlo,
72Ji! Cleveland and Toledo. 121V Cleveland and
Puuburg, tm,; Pittsburg and Fort Wayne, lulJ; M olu
gan Central, 110: Michigan Southern. 80 J; New York
Central, HkH; Illinois Central, 124': Cumberland pre
ferred, Virginia 6s, M; Missouri s, lo2': Hudson
River, lid; United States Five-twenties of 18fi2 lll.:
do. 1804 l(if); da 1865, 109V: do. new Issue, 108','; Ten
forties. 101S; Seven-thlrlies, lt)7; all others, I07a.
Money, frtett per cent. .Exchange. 1 ICS,'; at sight, 110.
Gold closed at HO.
Kiw Yobk, July 10. Cotton quiet at 26c Flour
dull, and declined liKi20 els.: 60O0 barrels sold State,
tU'lfc Ohio, IKr&otoia-lii; Western, 7Cd.l'i'60; Houlh
ern, t'75Cq)17'& Wheat dull, and declined 2(j8 cents.
Corn steady; 24.0O0 bushels sold mixed Western,
tl 06U'u7. Oats firm; 31.0o0 bushels sold State, 9ui!i:;
Vesleru. 82(u8. Beef quiet and unchanged. Pork
heavy new mess, 22'7a. Lard Arm at iia-.i.
W hisky quiet. .
Tub Remains of General Meagher. A
telegraph despatch from the wife of General
Meagher informs ns that although the greatest
exertions might have been made to secure
the remains of General Meagher, they have
not yet been recovered.
FINANCE AND COMMERCE.
OrricK or thb Evening Tklkobaph, 1
Tuesday, July 16, 187.
The Stock Market opened very dull this morn
log;, but prices were without any material change.
Government bonds continue In fair demand;
1862 5-208 Eold at 111 J ; July 1865 5-20s at 1084,
no chauee. 102 was bid for 10-iOs; 107 for June
and August 7 -30s; and 1104 for 6s of 1881. City
loans were unchanged ; tbe new issue sold at
Kailroad shares, as we have noticed for some
time-past, continue the most active on the list.
Reading sold at 524352, no change; Pennsyl
vania Railroad at 624, a slight decline; Philadel
phia end Frie at 28, no change, and Northern
Central at 43 J, no change; 31 was bid for Little
Schuylkill; 63 for Norristoen; 36 for North
Pennsylvania; 68 for Lehigh Valley; 2'J for
Elmira common; 40 for preferred do; and 28
for Catawissa preferred.
In City Pa6seuger Railroad shares there was
riotuiutr doine. 68 was bid lor Second aud
Third; 17J for Thirteenth and Fifteenth: 27J for
Ppruce and Pine; 43 for Cuesnut aud Walnut;
13 for Hestonville; and 30 tor Green andCoates.
Bank shares were firmly held. 1074 was bid
for hcventh National; 160 tor Philadelphia; 140
tor Farmers' and Mechanics'; 60 lor Commer
cial; 31 lor Mechanics'; 110 for Kensington; 67J
lorGlrard; 95 for Western; 31 for Manufac
turers'; 70 for City; 42 for Consolidation;
and 63 tor Commonwealth.
In Canal shares there was very little move
ment. Lehigh Navigation sold at ill, a slight
decline. 30 was bid for Bchnylkill Navigation
preferred; 118j for Morris Canal preferred; and
17 for Susquehanna Canal.
Quotations of Gold 10J A. M., 139f ; H A. M..
140: 12 M., 1404; 1 P. M.. 1404, an advance of
on the closing price last evening.
Elsewhere in . our paoer to-day will be
found tbe announcement of Messrs. E. W. Clark
& Co., Jay Cooke & Co.. and Drezel & Co , of
their agency for the sale of the bonds of the
North Missouri Railroad. These boads ere
guarantee", oy a nrsi mortgage on a road
through a productive country, one huudred
snd seventy-four miles of which are already
completed. Tbe Snvebtment U a perfectly
one, as it is the first mortgages which are given
es security. They are sold, lor lnduceineut, at
85 per cent., and bear 7 per cent, per aunum,
which equals an assured Interest of 8 Pr oent'
We have no doubt but that those havi" capital
to invest will avail themselves of this oppor
tunity. The security is good, the interest h4,'h,
-The (State loan purchased byJeTCooce
Co., Drexel & Co., and E W. Clark & Co., u
rapidly being absorbed. The $16,000,000 pur
chased by these bankers have been reduced to a
were fraction. On Friuaj UH tlW.MO were
sold; on Pntnrdny the amount taken by the peo
ple was $560,000; and this week the sales have
reached a quarter of a million. What a com
ment upon the Qnnncial credit of our Common
wealth, when Its loans are taken by our own
people with a rapidity surpassed only by the
patriotic readiness with which the people pur
ctmed the bonds of the Government In war
timel
PHILADELPHIA 8T0CK EXCHANGE SALES TO FAY
Be ported by Debaven A Bro., No. 40 B. Thlra street
BEKOHK BOARDS.
100 sh Ocean Oil.... - W
FIRST BOARD.
inoo s-ios '62.Jy.rg nv
lluooOA Amms,'i... M1
litflsu Head B-. ... 62'
(00 do - S'2'
411O do b30. ti'i
15 sh Ieta N stk
70 sh N t'ent....s6wn. 4.1V
4 sh Feuna R...... b2'
loo do 02
10 sh Phil & K-stiu- 26
2"0 ilo.t2..cp....lll)i
IWO dii..'6A..cp....lllsa
iiasi V 8 7-is.Je..ls.l07
l(ioCllyes,-ew...c. W'i
fjiooo do. New...... 97k
.'M ...lo-N',w
tlisio All County Co 6a. 7S!4
SlocoIjebSs '84 9
J0U0 do bswn. SB
Messrs. Do Haven & Brother, No. 40 South
Third street, report the following rates of ex
change to-day at 1 P. M.: U. 8. 6s of 1881, 110
tr.uuf; ao. ist,2, llljlll; do., 1864, 103r
lh9j; do.,lH65, 1091 (iglos); do., 1865, new, 108(jj)
1084; do., 1867, new, 1081084; do. 6s, 10-40s,
lommt; do. 7-30s, Aug., 1074O108;. do.,
Jnne,107i(ai074; do.,Jnly,1074'S51074; Compoand
Interest Notes, June, 1864 119-40; do., July, 1864,
119-40; do. Aueust, 1864, 1184(3119; do,,'
October, 1864, 1174(ill8; do.. December, 1864,
117117J; do., May, 1866, 1162116; do.. Ang., 1
im, 115B(?1115J: do.. September, 1)5, llSOliei;
October, 1865, 114i115; Gold, 1400140. Sil
ver, 132i134. .
Messrs. William Painter & Co., hankers, No.
36 South Third street, report the follow
ing rates of exchange to-day at 12 o'clock: '
O. 8. 6s. 1881, 110ail04; D. B. 6-20, 1863,
llUllli; do.. 1864, 109(3)1094; do., 1865,
109J&109J; do. new, 1081084; 6s, 10-40s, 102(3)
1024; D. 8. 7-30s,lst series, 107(108; do., 2d
nnwina 1 n S 1 1 n T .1 . ai : 1 AW I J mwl .
dciktb, ivHtiifiun; qu scries, tuisuiiuji: iom-
ponnd Interest Notes, December, 1864, 117; May,
1865, llfit; do. Aueust. 1865, 1161; do. Sep
tember, 1865, 114 J; do. October, 1865, 114.
Philadelphia Trade .Report.
Tuesday, July 18. The demand for Cotton is
extremely limited. Small sales of middling at
26 cents for upland, 27 cents for New Orleans.
There Is nothing doing In Quercitron Bark,
but No. 1 Is held firmly at ti'i $ ton.
The Flour market is extremely quiet, bat with, .
an unpreoedentedly small stock, holders are
enabled to realize full rates. There Is no de
mand, however.except to supply tbe Immediate
wants of the borne consumers. Small sales of
superfine at $ij8 50 'f barrel; extras at I'Jftvtf 50; .
Northwestern extra family- at $10(gil2 60; Penn
sylvania and Ohio do. at 811(H13; aud fancy lots
at higher figures. Rye Flour Is reported at '
7'87). Prices of Corn Meal are nominal.
The receipts of new Wheal are light, and there
is very little old here. Bales of old red at t2'85.
and 800 busbelB new Southern at f 2 602-75. Rye
Is sold at 11-76. Corn 1b dull at the late decline.
ric ui i uusueiH yeiiow at t icxgii i.i, ana
2000 bushels mixed Western at $112. Oats are
lower, and 2000 bushels Pennsylvania sold at ti.
LATEST SHIPPING INTELLIGENCE.
PORT OF PHILADELPHIA
T rrr v . tt
8TATB Or TBKBMOUETIB AT THB XVBNINO TBI.
MKAPK OrVICH. i
7 A. M.-...M..70ill A. M ...-.-.78U P. M..w...83
For additional Marine Newi tee Third Page.
CLEARED THIS MORNING.
Rchr Jnlfa Baker, Raker, Bath, Leuuox A Burgess,
bchr W est Wind, Lawson, Dostou, Qulntard, Ward A
Bchr J. Clark. Fowler, Providence, Westmoreland
Coal Co.
Bchr Alary G. Farr. Mnloy. Providence, -i do. '
Bcbr J. Burley, Williams. Boston. L. Audenrled Co.
c.ur St J-Ueraty, Weredllb, Rockport. do.
Fastwlck ' wtn8Inre' lwn, C. J. & J. H.
Bcbr E. W. Reeves. Green. Petersburg. R. Jones.
fel!r & fos?f J1"."'111 boston. J. K Baisley A Co.
Bcbr H.. Hand, Hand. Kewburyport, Rinmell&
Bchr J. Maxfleld, May. Boston, Penn Gas Goal Co.
ARRIVED THIS morning.
Barque Oak Ridge. Olnn, 13 days from BombrerO.
With guano to Moro Phillips. '
fl".?"? Bteveu. Croucher.e days from Boston,
In ballast to Warren, Gregg A Morris.
Du.u. uri Asperanui, KiDeran. 10 days from Trini
dad, with molasses to 8. A W. Welsh.
Brig Kurua, Ackley.5 days from Boston, In ballast
to captain. ,
Bohr Helen Mar, Nlckerson.f days from New York.
With salt to W, liurum A Bon. - '
Bcbr Mary G. Farr. Maloy, 6 days from Providence,
In ballast to Westmoreland Coal Co. 14th Inst., off
West Bay Light, L. I.. Herbert O- Maloy.aged 7 years,
fell overbourd. and was drowned. .
rchr A. Walton, Rich, S days from New Bedford, in
ballast to captain. '
t-chr K. J. Heraty, Meredith, S days from Boston. In
ballast to captain. .
Bcbr H.O. Hand. Hand, 6 days from Newburyport.
lu ballast to canialn. '
bcbr w. J. Parks, Bogart. 4 days from New York,
si lib mdse. to captain.
Bchr Challenge, Bkeller, 4 days from Ipswich, In
ballast to captain.
bchr C Fussett, Harding, 6 days from Boston. In'
ballast to captain ,
Bchr M. Gage, Hheppard. 6 days from Boston, la bal
lasl to captain.
Bcbr J. Buk er. Baker, 8 days from New York. In bal
last to captain.
t-chr J. H. Austin, Davis, ( days from Boston, in bal
lsst to captain,
Bchr West Wind, Lawson, days from Boston. In
ballast to captain.
bcbr J. Clark. Fowler, 4 days from Providence. In
ballast to captain.
, Bcbr J. Burley. Williams. 6 days from Boston. In
ballast to cantata. '
Bcbr W. B. Thomas, Wlnsmore. 4 davs from Balem
In ballast to O. J. fc J. H. Eastwlck. aiem.
Hummer Barnb, Jones, S4 bouts from New York '
With mdae. to W. M. Balrd A Co.
AT QUARANTINE.
Bchr W. D. Haskell, lrom West Indies,
, ' . MEMORANDA.
Bslornlhlns!,UUll, for UPA". ed "em
Insft"18 lchl Doiignty. hence, at Portland 15th
pSnuul 'if.nence lor Fall River, passed New-
IliniK P!er' for Philadelphia. sailed tromNew ,
Uuju," nstr'Ug' f ihl,Mle,Pu' cleared at Port
!'!?.'AiAAnurew8' Kelly; A. R. Wetmore, Lip-
. . oi l! . worou, jarvis; and Ju. H. Carlisle, Potter,
lor Philadelphia, sailed from Providence JUth Inst,
T.I.H . ! la.- I'lrlok. aud Union Flag. Malouy, Cor
Philadelphia, cleared at Ht. John, N. B., 12th Inst,
instant Marvl" Qu"". heuce. at Richmond loth
lnstanu ' Grlnlth Cobb' hence. .t Newburyport 12th
bcbr c. R. Vlckerv. Babbitt, for Philadelphia, sailed
from Fall River 121b lusu
Bchrs G. W. Krebs, Carlisle, and W. Frailer, Apple
garth, hence, at Richmond 12lb Inst,
, Bchr Albert Field, Pettit, hence, at Fall River 12th
Instant.
bchr A. Walton. Rich, lor Philadelphia, sailed from
New Bedford Mlh lii&l.
Bcbr Mary Ella. Tapley, benoe, el Portsmouth llth
Instant. .
Bcbr C. L. Vandervoort, Chase, beuo. at Gloucester
1!iBcbr Mary Price, Garrison, heoca. at Plymouth llth '
'"m,' h'r'i. BheDDard. Bowdltoh, benoe. at Provldenoe
"sflirlt, E. BafTofd. Hanson, from New Bedford tot
Philadelphia, at .New Loudon mu last.
far xni.ioHBAr'H.l
-n Vnnv Inlr Hi..-Arrived. aLeatushfn Atlantis .
from Bremen d lust.
(steamship Uecla, from Liverpool M lost. .
DOMESTIC PORTS. 1
New YoK July ia. Arrived, steamship Albemarle,
Bourne, from Norfolk.
Xaruue G. H- Jenkins, Doty, from Burnt Island.
Itarmie W. Itailiboue, Pratt, lrom Havre,
llaiquo Nuova Fame, Gabella, from Rio Janeiro.
PP. W. B. THE PET OF THE HOUSEHOLD.
, P. P. W. B.
PARIS' PATENT WINDOW BOWER,
Every housekeeper should have them to their shat
ters; they supersede the old-fashioned ribbons. Prloe
Twenty-live cents per pair, bold everywhere, ana
whoiuale aad letall 0 b. v, pakiIj.
7U!u. Ne. 27 8, TUXUX) buevt. i