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YOL. XI -No 7.
PHILADELPHIA, FRIDAY, JANUARY 8, 1869.
DOUBLE SHEETTHREE CENTS.
FIRST EDITION
THE STATE FINANCES
Annual Report of the State
Treasurer.
Ihe Expenses for 1368 and
tho ts.imatcs for 1869.
Special Despatch to The Evening Telegraph.
ilARiiiHBCim, Jan. 8. Tlio lolloping is the
report of W. W. Irwiu, the State Treasurer,
bubmitU'd to the LegWuture late on Wednes
day afternoon, just previous to the adjourn
ment. It has just come Iroru the printer's
bands:
To the Senate and House of Rrpr .tentative of the
Commonwealth of Pennsylv amo:
;enti-emkn: In compliance with the actof
March 10, 1H32, I have ihe plcamr of reporting
hu improved condition of the Stite finances.
The HidebtedtetB of lbs Unniuion-
wealth at the clone of thn fiscal
snr etdinii November 30, I8i7.
Wtts. 837,701,109 77
There was tn the Treasure, m.pli-
cable to tbe puj raent of overdue
luaLB 2,037,978,33
Heal Indebtedness November 30, 1807 34,780,411-22
Ibe iudeqtedM'ts til the
close rf the flsosi jpht
ending November 30,
D6H....T. 33,280!)I0 13
There is In the Treasury,
applicable to the pay
ment of overdue loans 487,150 79
Real Indebtedness, JN
v ember 30, 1808
32,793.780 31
Or a reduction of l.OtlO.tIM 8t
The amount of deb: paid, as per report of the
Commissioners ot the Sinking Fund, was U'o
iLillion four hundred and fourteen thousand
eight hundred and sixteen lollars and sixty
Jour ceatB ($2,414,816-04). This, however, em
biaccd the lime from the 3d of .September, 1807,
to November 30, 1808 a p.riod ol nearly titteeu
mouths.
The receipts for the fiscal year end
lc g Noveiaoer 30, 1807, exclusive of
leans and premiums aud Interest
thereon, was $5,070,011 95
The receipts lor t he year ending Na
vember 30. 1S6S, with tue sums
t deductions 5,214,817 61
Orau Increase of 5U l,7'JVti(i
The pajmentH for the year ending
vioveniber 80, 1807, exclusive of
loans redeemed uud Interest paid
on overdue loans, were 11,387,117-19
The payments for the year ending
November 30, IMS, with the same
deductions, were 4 392,538 19
Or an Increase of..
5,122-00
The total receipts of the year ending
November. 30. 1808 &5,216,049-55
Daiance in Treasury, .November ,w,
Mt7.,
1,681,836 16
9 877,888 01
Total payments for the year 8,881,910 til
Balance In Treasury 1,012,92a 37
Of wnlcb there Is pltdged tor the re
demption of overdue loans 487,15979
Average balance 525.705-58
Annexed to this report is a comparative state
ment of the receipts and expenditures for the
: jenrs 1807 and 1868.
; 'ibe principal decrease in receipts is from tax
eii corporation stocks, on personal estate, ton
nage, collateral inheritances, uud on retailers'
licensee.
The increase is from tax on loaus, not earn
ings or income, prows receipts of railroad eo u-piulo-,
national bank, btock, aud loreign insur
ance heiicicf.
The decreate in receipts from personal pro
perty is owlug to the act of lust session reducing
vlie quotas ol taxes as fixed by the Board of
lieveuue Commissioners tit ty per cent. Many
' ol tbe counties ha vine paid in ptevious years
the lull amount us fixed by the itevenue Board,
the reduction ot titty per cent, on the amount
paid for the two years so Fettled their taxes for
the lad and, unlets there is au inert-use in the
. quota, for the coming year.
. On tonnage tax there are suits pendine,
which, il decided in lavor of tho Common
wealth, will atd tna'criaily to our receipts from
this source, aud keep it above '.ho recuiots of
1807.
From all the sources from which theie is au
Increase, except iroui tuxes on net earnings ani
national bank bUjck. tbe iuere-ise will no doobt
be permanent. The liability of the corporations
for the payment of the tax on net earuiutri was
for a loot; time in litigation, and the decision in
lavor of the Common wealth brought into the
Treasury, during the present, a large amount of
tax due in previous years. There vm also, Iroui
nearly tbe same cause, a larger proportion of
tax collected upon uatiouai bunk stock tnau
can be collected during the coming year.
Whilst the revenue ot the Commonwealth is
ample for the payment of all expenses that the
State is necessarily bouud to assume, a con
tinued increase ot ftate bounties to charitable
Institutions and common schools, of salaries to
judges pensions to old soldiers, etc., will, it not
checked, require toe imposition of new taxes,
or a postponement of the payment of our Slate
indebtedness, by a renewal of our loans.
The amount of State de H due in July,
1870, Is oue million six hundred and
forty-two thousand one bundrei and
twenty-eight dollars and twenty
nine cents. Our receipts, lu excess
of our expendltnres, during the last
rjyear, were 8822.328 12
There Is for tbe coming; year an In
crease in the appropriation to com
mon BObools 150,000'OD
And an Increase over the amount paid
last year for the erection of the
Northern Hospital for the Insaue..... 150,000-09
Will it not require the strictest economy, and
A considerable deduction inBteud of increase of
State bounties, to meet this indebtedness?
I also b( g leave to call your attention to the
necessity ot increasing the revenues of the Com
mon wealth for general purposes. The repeal
of the act imposiue a tax upon real estate has
taken from the Treasury the largest portion of
tbe money that can be used for any purpose,
xcept for the payment of tho principal aud
Interest of the public debt, leaving only foi
general purposes the taxes derived from the
following source, which, as collected for the
last yeur, were as follows, viz.:
Tax on j ersonal property (deducting
. about oue-slxtn us applicable to
the payment ot war loan) 8230 00100
Tax ou loans 3)1,407 49
Tax on net earnings or luuome 422.80371
Tux on coal 192 483 K9
Tax on tonnage B07.63778
Tux ou Nallonul bault slock 216,033-76
81,724.116-00
were $2,456,000 09, with a prospective increase
ot tne $300,000 appropriated to common schools
and the Northern Hospital for the Insane. Be-
.Uai t kin vjiinlntu from f tin an cftlirrtU will m
4t mv iiiflirnwnt htt no Inrcri in thtt D Tenant ua In
tbe JUBi D6cai year, xue amouui iu u uitivpu
fiom ret receipts and bauk tttosk will bo con
tidcrably reduced, tor reatsons explained Id a
. . f .UU . 1 r .1 A tlilnl. 1 L A
former pan 01 im itul 1 uu uut vuiuk. bum
1 COO.OOO can be derived from these
sources.
Whilst I bave no doubt that much judicious
pruning might be done to reduce the expenses
ot the Common wraith. It would be Imp'jaHb'e
to reduce it to that figure without sacridc'nj;
the noble charitiea of which our good old Com
monwealth has been the pioneer, and for whicti,
In all time to come, I hope she may b? an
example to her sister Commonwealths. Rich in
her resources, and bounalcss In her sympathies,
she is prepared to open a liberal hand and
di-peiite all that is needed to ameliorate tbe
condition of the erring and the unfortunate,
only asking proper safeguards to bo
thrown around her benefactions. But in
tills connection it is well to remark Unit all
giving ie not charity, and until the State
assumes the whole charcc of providing for tbe
destitu'c and the unfortunate, appropriations
should be confined to institutions to which the
poor and afflicted of all sections are a 1 milled
and cared lor, leaving to locsl and sectarian
institutions the cure aud guardianship ot their
owu people. The necessity tor increasing this
fund must be apparent, whether by the imposi
tion of laxps for these purpopes, or by legislat
ing part of the tund, now bv law in the sinking
turd, into the general fund, is for you to de
ter mine.
It v. ill be the duty of the Revenue Commis
sioners to acaiu adjust the valuation of er
foi.nl property in the early part of toe present
year. By the act oripinally creating said board.
It was provided "that ihe euid commissioners
should be confined exclusively to the evidence
which the.v receive from citizen", olllcer', atiJ
records of tbe respective CDUu'ies in adiusiiui;
the acgreeate value of the taxable proper'v of
the counties respectively." An inspection ot tho
returns made by county commissioners, and tue
replies made by them to interrogatories ot
tormer boards have convinced me that there can
be do couilable valuation of property ma-lo
under the restriction imposed. I resriecifully
request that this bar to a just valuation may
be removed, and any othcrjfair testimony, such
us census reports, etc., may be used in making
the valuation.
In making this report, I have confined myself
entirely to an exhibit ot receipts, etc., for tho
part year, ot our present stauding aud our pro
bable condition in the future. It is for you, as
the repretentative3 of tbe people, to enact the
policy that will best accord with their lnterc.t
or wishes. It our obligations are to be paid as
they become due, it can only be done by
economy in our expenditures, or by tbe impo
sition ot more taxes. Whichever of these will
best suit tbe people you represent, it would be
well to adopt.
Vry respectfully, W. W. Trwin,
JStatc Treasurer.
KNlImnteil Kecolpls for ISO ft.
Accompanying the Tieasurer's report was the
following estimate of tbe eidinary revenue of
the Commonwealth for the curreutyear, ending
November 30, 18G9:
Lande... flO.OOO
Anrtlou commissions 20.0' 0
Auction duties 55 000
Tax on corporation Blocks 9M)0(H)
Tax on personal property 275,000
Tax on loans 850.000
Tax on net earnings or income 3 )0 000
T ax ou gross receipts 400 000
Tax on enrolment of laws 1H.000
Tax on tonnage 850,00i)
Tax on coal - 200,000
Tax on National bank stock 150,000
Commutation of tonnage duties 480.000
Tax on writs, wills, deeds, etc 80 000
Tax on certain omoes 20,000
Collateral Inheritance lax 250,000
Tavern licenses ZHiiouu
Ketblleis' license...... o75 000
Humple licenses 8,000
Theatre, circus, ana menagerie li
censes.. - 5,000
Billlard-ioom, bowling saloon, and
ten-pin alley licenses b.uoo
Eating-Louse, beer-bouse, and restau
rant licenses lU.I'W
Peddlers' lieenses 5 000
Brokers' licenses 8.S00
Patent medicine licenses 2, (W0
IilRtlllery and brewers' licenses... 4,000
Miners' licenses oihm
Premiums on charters
Pamphlet laws
Annuity for right of way
Fees of nublio offices
60,000
1,009
10000
' 7,000
20,000
Interest and miscellaneous.,
Total 84,931.000
FNlimato of (he Ex pen sew for 1809.
Alfo. the followine estimate of the ordinary
expenses of the Commonwealth for the current
year, ending November 30, 1PG9:
l-iXpenses.or government nuu,euu
Military expenses 100.000
( heritable institntions 850,000
Common schools m f.OO.ttOO
Interest on loans 1,900,000
Kedtmption of loans 250.000
public nuiioings ana grounus til uou
Houses of Refuge . 50,000
Penlienllarles 75,000
Miscellaneous 80 000
Total 81.(115.000
OUR SQIIOOL SYSTEM.
A u mini Rrport of the Ktnte Nnperln-
teudeut Operations for the Year
Kniling- June 1, 1868.
Tbe annual report of tbe State Superintendent
of Common Schools, Mr. J. P. Wlckersham, for
tbe year ending June 1, 1868, has Just boeu pub
lished. From It we extract tbe following Items
of importance:
txrneral Summary for the Tear.
Tbe following statement shows the general
condition of the school system of tbe State for
tbe year, with tbe Increase over the previous
year:
loss. Incrtate.
Number of school districts
in Htate 1.UI8 29
Number ol hvuooIs 13, tali 2-d
" or grauea souoois i;s7
' of school oirect'rs ll.OiiS 165
" of superintend'ts. 75 5
" of teachers.. 16.77 1 248
" of pupils 800,515 It. 128
Average number of pupila 60S.i04 27,231
Cost of tuition for year 83,273,209
Cost of building, purchas
ing, and renting sonooi-
iiouses .7. 1,091.153
Cost of contingencies 854,253
Total cost for tuition, build
ing, etc., and conuugon-
cltTs 6.118,675 81,037.136
Total cost, Including ex
penditures or au moos... o,:u .n.ta i,ivw,B3
Value ot school properly... 10,558,765 ......
Keceipts aud Expenditures.
The receipts of tbe dlll'dieul school districts
of the Commonwealth for tbe year were as fol
lows: From State appropriation 8239 814
From other source 4,074 215
Total 81,314,029
The expenditures for the year were au fol
lows: Cost of Instruction 52 ci7 HO
Fuel aud contingencies ,.., 'utaiB
Hchool-hotiHes. lucladlug reutlug, re
pairing, etc 1,3.57,727
Total expenditures...,, 81.617 0u
llalance on hand 87.606
Debt of Ulstrlots 8767.611
General Kuuiuiary, I.xcIuUIuk ihlla
uelphln. Tbe following statement shows tbe general
condition of tne system for the school year of
1868, excluding tne sobool distrlot of Phila
delphia: Whole number of dlstrlota 1,917
Whole number of schools 13,28j
Whole number of pupils In at- .,,,.
tendance - 608,316
Average attendance of pupils...... 438 824
Percentage of attendance &7
Average Unglu of school term.. .5 mos. 19 day
AveruKe oost of tuition per mouth for
each pupil MM. 90 cents
Whole namberofmale teachem...... ,i)3S
Whole number of female teachers 8,56)
Average salaries ot male teaoher
per mon t b ........ .m. ........ . m.m. .... 837 28
Average salaries of female teachers
per month 3 28-78
Total oost of initlon 82617. mo
Total cost of fuel and oonlloKnncleH... 612,219
Total cost for purchasing, building,
renting and repairing nousea 1,357,727
Total expenditures for tuition, fuel
and hooses.. 1.618 058
Total Htate appropriation 355.000
iotal Htate appropriation for com
mon school purposes, exclud
ing county superintendents' sala
ries, etc .T. 296,784
Average number of mills on the dol
lar, K'hool tax - 7 5)
Aver8ifeniiinber of mills on the dol
lar, buildlna tax 5 51
Amount of tax levied 4,016,919
Amruut of tax levied and State ap
propriation 4.371 919
Other Items of Increase.
The report sa.rt: "In addition to the items of
lncieuse over last year. Blready mentioned,
gnat pleasure Is taken lu calling attention to
Ibe leilowiug fuels:
"1. Tne Increase in the average attendinoe of
pupils. The Inerense in tbe average attendance
of puolls In IK8S over that in 1887 it 21,786, wulie
trie increase in 107 over that lu 1886 was only
1188. No fact could better Indicate the Improv
ing condition of our schools.
"2. The increase in t he length of term. The
Incrcaxo In the length of term was two and
Ibree' quarter (2) days, this being one day
gieait-r ili -n Unit of last year. The average
length of term is now rive months and nlue
teeu and one half days; next year it will In six
months, and from that point it ought to oou
tintie to increase.
'3 The Increase in the salaries of teacher).
Tbe 1 1, crease in the salaries of male teachers
for lHi8 Is 81-41, and in that or females it Is 81 25.
'I he h verage wages is now 837-28 for males, and
828 76 'or temples. Tho teachers of the rttale
iteeived 8131,497 more lu 1868 than they ever
received In one year before.
"4. The Increase In money expended for
building purposes, amounting to 8:172,571 21.
Ado this to the Increased amouut expended for
building purposes in Philadelphia, 8355,779 63,
nnd we have the whole increase In the State,
t728,353-87. Within a fraction of 82,0 0,000 were
spent for building purposes during tbe year."
The Increase from 183 to 1808,
excluding the 6chool distrlot of Philadelphia,
is shown in the following tablet-
Whole number ofi
rtixtrlcw I
Number of dlatrlc's
pal"
Whole number of
Hcholarn
1,709
l. 7
1.8151
2''8
11 VM
Smo-Sda
s 1111
4,637
13.281 2 003
5 mo. W'i da Wi dT
Lenctli icho 1 teim
Number mle teac B
S u:ir
S.iXif
iVuiiiber female " ...
Avnrsgi a arlts nl
mule teachers per
month
3 Mt
113-13
8MT-4
Ul,431
81,184
iS'i c's
Sl l 876
7,48i
18!
205
(2,635,U5
9 '3 893
1.21'7
479 6.7
JJ1-2.'.
817 22
$37-38
Averune Hnlarics ot
female teachers per
nioiith
Whole number nchr's
28-7fi
66i.al6
AvernRC number O'
srhiilarsl alteDdlng
rchool
Ave'se rout ol tench
887, MO ;
438.821
Intt each scholar
per mouth
f tBte appi o'ug paid...
l ax levied
ISumber or mills 00
dollar levied fur
schoil purposes
Nuniberof milts ou
collar levl.d fur
Dulltling purpose .
ItccMvtU from col
lectors I iiinises for school
ilbUPtll
Cnut of Instruction. ..
Jfutl and contlngen'a
CIS
H lilti
!)0 cnts
218 S
4 010,91V
i2.0W,-137
S71
8-46
763
861
t,!M,7Sl
11,(90.10
454.841
1,116 9Hi
162.67J
1.857.717
2.017 110
A4taiS:
In relation to this, the report states:
"An examination of tbe statement made
above will remove all doubts as to whether
tbere lsany growth In the school system of the
State, or otherwise. Tbe following are notable
points in the statement:
' The number of male teachers has diminished
by 1256, and the number of female teachers has
increased by 8932. Tbe average salaries of mtle
teachers bave been increased 813 li, ana ol fe
niBleteachers, 811 51.
"Tbe tax levied for sobool purposes bag very
nearly doubled.
"Thecost ot bnildlng school-houses has gone
np from 8454,353 53 to 81,357,726 79; that Is, there
was expended In 1868 nearly three times as muou
money lor this purpose as in 1858.
"The cost of Instruction was almost twloe as
much, and the costof contingencies almost four
times as much tbe last year as they were ten
ytars seo."
Ihe Value of School Property.
Tbe report contains a lengthy table, showing
the value of the school property of the State for
each county, according to the school directors
or controllers. We give the amount In tbe more
Important counties, wllh the population of
these counties In 1860, to assist In the 00m purl
son, as follows:
Sclwol Pop. in
Counties. Property. 1880.
Alletheny 81,142,000 178.8U
Jlerks 176.800 1)3,818
Bucks 167,800 63.578
Chester 253.80 71,578
Crawford 296 000 48,75.5
Dauphin 274,000 46.756
Deluware - 1 13.1HK) 30 597
Kl-ie 279,000 49.434
Lancaster 303.100 116,311
Lehigh 101,800 43,74
Luwrne 217,000 90,21 f
Mercer 14,200 86 856
Montgomery 205,;tM 7O.F.O0
Northampton 216600 47,901
1'hlliidclphiu 2,211,420 585,529
Hchuylklll 413,000 89,510
Westmoreland 286.400 53,736
York 141,100 68,200
Total lu State 810,556,765
From the preceding statement, which is be
'lievtd to be a fair est lmate.lt apoears that the
value of the sobool property of the State is over
ten millions of dollars This Is au Interesting
fuel, not before reported.
Estimates of Appropriations Xeeded for
the Ueneral Ojsteiu lor 1S70.
For common schools, Including those of
Phlludel phla - $830,000
For Normal schools, to be appropriated
ou the same conditions as trioe im
posed by appropriation actof 1888
For salaries of county superintendents...
For expenses of tbe principals of State
Normal schools, inourred In attending
tbe annnal examinations of said
schools
For Normal school of the Third district..
For Normal school of the Sixth dlotrioU
For Lincoln University
15,0'JO
65,000
250
5,000
0,000
2.500
The Legislature," says the report, "did a
noble act lust year, In Increasing the ganeral
State appropriation from 3 000 to 85000. An
addition of only another 8100,000 Is asked for
this year, and considerations of sound policy
will, no doubt. Induce the granting of lu"
The Ignorant C'lawscs nnd the Criminals.
On the subject of Ignorance and crime the
report contains tne ionowiug:
"Tbere were admitted into our houses of
refuge during the past year 636 children, and
their average age was U years. Of this num.
iwr thei-a wert:
Of those who did not know the alphabet,
Of those who knew tue alphabet only
Of those who could read poorly
Of those who could read well
Of those who could not write
Of those who oould write poorly
Of those who eould write tolerably
r If ihiwA who noiild write well
57
92
202
, 21
246
177
. 01
19
"This table tells a sad and staitilnc story, but
not more sad or startling than that told by the
siatiatlcs of our almshouses, jana, ana penuun
ttfirlpa.
"Tbere were In the almshouses of forty six
counties In the year 1867, when visited by the
eonnly superintendents who made the reports,
2809 persous over ten years of age O ( these
Tbe number who eould not read waa 1181
ihe number who nnnirt rxnri a III t ie 1189
The number who eould read well 414
ine number who were good scholars 70
"There were In tbe Jails of tne same number
ui wuuiim, ua reported oy me sarne uiuuara ai
iuo Hauia ume, ioui ocoupants. or wnom
The number who oould not read waa 431
Tbe number who oould read a little was 640
The number who could read well was........... 601
Ibe number who were good scholars was.... 123
'There were received Into tbe Eaitern
Penitentiary for the year IStr?. 291 convicts. The
classification ot these, by the ofllcera of the
prison, according to ttelr educational relations,
is as followt:
Illiterate 62
I lead only 21
Head and write 20.'!
Uond education i
"Tbe whole number of oonvlols received at
this prison Is 5975. Of this number there have
been
Of illiterate 1210
Of those who could read onlv MU19
Of those who could read aud write 171 1
Of those well instructed 32
"Io the Htate Penitentiaries of the Mlates of
Ohio, Missouri, Kansas, and Iowa, for the yeir
1807, there were 119 convicts, of whom only 28
had received a good edvcatlon.
"Theae facts show conclusively that onr de
pendent and criminal clatiscs are composed
very largely of persons eutlrely Illiterate, and
almost wholly of persons either illiterate or
educnted only In mecbnnlcal briiuenux, which
cannot, be expected to ali'oct, except indirectly,
the moral nature"
He form Needed.
The concluding paragraph of tbe report con
tains the following:
I "In asking tho Legislature to pass amend
ments to the school law, the fact Is not over
looked that mnch work remains to be done to
render fully effective the laws we already have
ou our statute books. The statistics presumed
show cheering signs of progress, but the educa
tional goal for which we s.ielc Is still In the dim,
uncertain distance. We have more limn eight
hnndied thousand children enrolled in our
scl oois, but many less tnau two-thirds of them
attend regularly, and thousands s.ien 1 so little
time in school as searcely to be benefited. Our
average school term is less than six months in
length; in almost half the counties It is less
than five, thus compelling multitudes of
ourchlldien to waste the precious years of
their youth in idleness, and thus causing to the
Htate tbe loss of lis talent undeveloped a loss
lorever unrecoverable. We expend for school
purposes over 80,01:0,000 per annum, nnd still
we have nearly two thousand school-houses
that re unfit for use, and not eight hundred
Uint have about them grounds properly Im
proved. Scarcely one-half of our schorl bouses
are supplied with suitable funrlture, and not
one-sixth of them have sufficient apparatus to
Illustrate the branches taught. Our teachers
are so poorly paid that more than one
third of those who were teaching one year ago
have left the business this year, mainly be
cause tbey have found another avocation, not,
more congenial, but more remunerative. Of
teachers now teaching, 3297 bave a'.tended Nor
mal schools and 9339 have read works on teach
lng, a wenderful enange within a few years, for
It is hut a few years since Normal schools were
established, and books on teaching became to
ordinary teachers anything more than a myth;
and still our teaching, on the whole, Is a dull,
mechanical process, merely entering upon the
first stages of artistic development. Many can
Impart fairly a knowledge of aritbmetio an I
grammar, but few bave even yet drenrnod of
that higher work of thesohool-room which shall
one day, with Itshlch art, frame the character,
mould the life, yield as Its frutt a race of men
and women heroic, noble, rich In all the graces
of which human nature is susceptible."
TUE 8TA TE MIL1 TAR Y.
Annual Report of the Adjntnnt-Genernl
of Pennsylvania.
The Annnal Report of D. B. McCreary, the
State A'tjntant-Geueral, does not contain much
or general Interest, the greater portion of It
consisting of the roll of militia officers of tbe
State. In fifty-three counties tbere Is not tbe
vestige of a militia oruanlzatlon, and outside of
Philadelphia the organizations are of very trl.
fling importance.
The total expendltnres of tbe year ending
November 30, 1863, were 831,895-21. Of this
amount 85080 were paid to employ esat theState
Arsenal; 811.281 to persons in tbe Adjutant
General's office: 86503 to the State Agency at
Washington; 83294 to the State Historian's
otiice, aud J.vjyu for unsettled claims of trans
portation department, ror the removal or :n.
ceased soldiers np to June 1. 1868, agreeably to
act of Assembly of April 11, 1868.
LI GAL INTELLIGENCE.
Opinion In n Burglary Case.
Sur-BEME CoUHT IN BANC Chief Justice
Thompson, and Judges Head, Agnew. and
CMiBTkWl ou.
This morning, in the case of Ilolllston, which
we noticed several days ago, the Cnlef Justice
cave the following Interesting opinion:
Erasing B. llollisiou vs. the Commonwealth.
Er-or to the Oyer and Terminer of Wayne
county. The indictment in this case follows
the common law form of an lodlotment fir
burglary, it charges that the accused with
force and arms, in tbe night lime, did feloni
ously and burulaiiously oreak aud enter the
siort house of Htiuton & McMullen, In the
borough of Wyncnts, with luteut tbe goods nnd
chattels of tbe said Htiuton & McMullen to steal,
take, and carry away; and that having so en
tered, be did steal, lake, and carry away corUtn
of the goods of the said Hi In tou & McMullen;
describing them. Tne breaking in a storehouse,
not parcel of a dwelling-house, Is not burglary
by the common law nor by any statute of this
State. No words need be used to prove this.
Notwithstanding that the : prisoner's counsel
made a motion predicated of this objection to
tbe indictment to quash It, it was overruled,
and the trial was proceeded in, and the prisoner
was convicted by the Jury In manner and
form as he stood Indicted, nnd afterwards
sentenced to two years confinement lu the
penitentiary. There being no authority forun
lnolclmeui for burglary lu breaking and enter
lug a storehouse belonging to prlvato pirtles,
in the 155th section of the aol of 31st of M.rch,
1860, it, was nrged lu argument that the onvtu
tlon might be sustained as under the 136tn seo
lion of tne aot. Thissootiou is special aud to
cover casts not within tbe definition, but par
taKirg of Its nature, and applies where the
breaking takes place in the d-.y time Into any
dwelling-house, shop, warehouse, store, mill,
barn or stable, outhouse or oilier building, or
an entry by day or or night without breaking
with intent lo commit a felony therein. This
section seems to have been designed to punish
tbe felonious Intent with whioU an entry Is
made, even if no felony oe actually committed,
it is line the oii'ense of burglary in this respect;
otherwise it is quite nulike it, us It is notneces
sary that it should be lu me ulgnt limes and in
one aspect of it the offense Is complete without
a breaking. It would not do to hold a defend.
Hnt couvloted ou au lndlctmant
in form for buralary strictly Uuoie
to beeutenced under the section, by changing
the averments or assuming them to be so
changed to suit tbe con vlciloa. In fact it Is not
tbe same offense, although It partakes of lis
nature; and I bave no doubt but it might be
Joined in the same Indictment. But It would
oe as necessary to set forth this charge, so as to
bring It within the oii'ense described in this see
tiou.us it Is necessary to set forth the esseulUls
to establish the crime of burglary. Without
defining the certainly that Is required In an In
dictment for a felony, It must certainly be so
precise lu all cases as to furnish the accused
wllh "tbe nature and causeof the accusation
sguiust biru." The bill of rights secures this to
hu accused. This oould not bo said to be the
case if a conviction on an lndlo m ut for break
lug and entering one description of building
was sustained lu regard to one not described or
susceptible of tbe same desciipllou. We hold
that thecouvtctllou In this case was not of the
oilense charged In the 138ib seollon of the aot,
nor sustainable under it. But It was argued
that tbere Is Included In thlsoharge of burglary
a oharge of larceny. This is true; and it is not
to be denied that a conviction by the Jury of
Ihe minor oneuso would be sustained. But that
was not what occurred In this case. Tna de
lendant was couvloted lu manner and form
as be stood Indicted; that Is, for burglary. Had
the Jury returned a verdict of "not gulltv of
burglary." but "guilty of larceny," we do not
say but that, eveu nuder this indictment, the
conviction might bave been sustained. This
they did not no, and we need not discuss tho
matter. There was therefore no legal convic
tion of the defendant on the first oount. Nor
was there upon the seooud; if it might be g ot
under any circumstances, and we do not decide
this point, It was not good in this case. In sub
stance, It charges the defendant with Inciting
one Harris to commit tbe orlme or burglary in
a place In whlon It oould not be committed;
standing as an accessory to the prlnoipaloharge,
which itself was not Indictable as a burglary. U
mount! to nothing, and does not sustain tbe
sentence. There Is one matter on the face of
tee record which we cannot forbear notlotog.
namely, that the defendant was trie ! be'ore
tills trial on the same Indictment, and was ac
quitted of the burglary and laroeny laid la
the first count, hut found guilty on
the second, viz., for Inciting Harris; to
commit tbe orlme laid In the first oount. Oil
application by the prisoner for a new trial, the
Court granted It, but on Ihe second trial they
beld him to answer, as before, tho whole Indict
ment. Was this right? We think not. Ills
laid down In 3. Wbart. d im. L ed. i 3il), that
"where there has been an acquittal ou one
count, snd a conviction on another, a new trial
can only be granted on the count on wtucli
there has been a conviction; and it is an err r
on a second trial to put the delendant on trial
ou the former." For this the author cltos a
nnmberof authorities; 9 Yergeu. H31; 8 Lewis A
Marwti, 762, and others. It may be t hat the de.
tendaut ought to bave r lead outre fo s rcpii',
and thus bavetabeu advantage ot the no iutt
tal, hnt lie did not. But. ns he mays' 111 nave
the right to do so, we will make no ordor f.ir
holdlnK the prisoner to answer for the Charge
of larceny contained in the first count. I'll it
wns passed npon belore. In fact thodefendaul
was, on the views we entertain of the second
ecunt, entitled to have been discharged on that
trial. Il was good for no to Inn for tue reasons
already given. The last portion explains why
v e dhch.rce t he prisoner on the reversal of
this sentenoe without auy order In regard to
the charge against him in this Indictment.
A rid now to u it, January 8, 1.869 Tne sentence
In this easels reverted uud the prisoner, Kr tu
tus B Ilolllston, Is ordered to be discharged,
and the Commonwealth Is ordered to pay the
ceMs.
Nisi Pines ,Indg3 Williams W. ft Mar
shall vs. Ilansa A Davis. An actlonof replavin.
Un trial.
Glenn vs. Stein. An action on promissory
noie. Before reported. Verdict fjr pUliitlif.
IHsTRifT CouiiT. No. 1-Julge Hire.-Wll-helm
vs. Q,usrre. Before reported. Ve.dlctfjr
p:alnt ifla, 83500-(i0.
John B. Hunter ve. William Jonoi. Ai anion
of trover and conversion to recover for a lot of
potatoes belonglug to pUlntlU wnlch got Into
the defendant's possession. It was allegod,
and were by him misappropriated. Jury out.
McBride vs. D. Trump, Hons A Co. A feigned
ifsue lo try the right to peisonal goods. Ver
dict for plaintiff.
Thomas Wallace vs. Alex. H. Wilson. An ao
tton on a promissory note. No defense. Ver
dict for planum'. 8160 05.
Dennis Keenan vs. Shoemaker A Tlsdale.
An notion on a oontraot for the supply of beef.
Nonsuit.
District Court, No 2. Jndne Greonbauk.
Wlupeuny vs. Gopp, et al. An action to re
cover mesne profits of the premises ot the Falls
of ScbuylkHl. Before reported. Verdict for
plaintiff. 8674.
William John Hughes, a minor, by his next
rrlend, William Donuelly vs. Kowland A
Krwin. An action to recover damages for the
lossof plaintiffs mother, whose death occurred
In Dlaintlir's Hour mill, at Broad and Vine
streets, through the alleged negligence of their
employes. On trial.
Court of Quarter Sessions Judge Bre-v-ster.
Nothing but the most trivial cases were
belore the Court to day.
FINANCE AND OOMMER Q E.
OlfKICB Or THB KVKSlNQ TRLKOBPH,
Friday, Jan. 8, lstja,
The Money market Is easier, and the rates are
rather lower. Cull loaus are quoted at 6567$
per cent. First-clasB mercantile paper ranges
irorn 8f10 per cent, per antiuii. There was
more disposition to operate in stocks this
morning, and prices generally were firmer.
Government securities were a fractiou higher.
10CJ was bid for HMOs; for 6s of 1881; 1121
for '62 6-20s; 108J for '64 6-20?; 109J tor '65
6-20s. City loaus were higher; the new issue
sold at 100J(S100.i, an advance of I.
Kadroad shares were the oio-t active on the
list. Camden and Am boy sold at 1294, no
change; Pennsylvania itiiilroad at 55$, an ad
vance of i; Catawis.-a preferred at 32i(fi32j. an
advanceot I; Heading at 47JCfit474, no change;
and Lehigh Valley at 544, au advance of 4. 67
was bid for Mtnehill; 85 for North Pennsyl
vania; 40 tor Klmira preferred; 25 for Philadel
phia and Erie; and 48 lor Northern Central.
City Passenger ttallway shares were dull.
25 was bid lor Spruce and Pine; 10 for lies
tonville; and 25 for Girard Coliege.
Bank shares were firmly held at full prices.
230 was bid for North America; 121 for Farmers'
and Mechanics; 57 for Peun Township; 43 for
Consolidation: 69 fer Coin Exchange; "and 123
for Central Nutional.
In Canal mares there were nothing doing. 19
was bid for Schuylkill Navigation preferred: 29
for Lebigh Navigation; 12 for Susquehanna
Canal; and aud 70 for Morrii Canal preierred.
Tbe North Pennsylvania Kailroad Company
annouuees a dividend ot 6 per cent., clear ot
laxes. payable In 6crip, convertible into 7 per
cent, mortgage bonds, iu sums of not lea than
ve huuired dollars, on May 1st next. The
dividend will be credited to stockholders as
they stand ou tbe books on the 9th Inst., from
which date the transfer books will bo closed for
one week.
The Frankford and Soutbwark Passengpr
Railway (Tilth and Sixth streets) announces a
dividend of 3 per cent., free of tax, payable on
the lfith inst.
The Second and Third also a dividend ol 3
per centy payable on the 11th inst.
Tbe Tenth and Eleventh a dividend of 3.J per
cent., payable on demand.
The Green and Coates a dividend of $1 per
share, payable on the 11th iiist.
PIHLADKLPIIIA HTO0K EXVUANuK SALES TIMHI
Ueporied by ie Baveu A Bio., No. 40 a. Tnlxd street
FIRST BOARD.
$1000 CltvSS, NOW....C..10!)1,
.lidU do IW
I (KM U()...........ri'4
I0UU do I00
(III do.. It'll'.,
fluo do -,..IU04
,(JiiO Leo 6a gold 1 ts.
6V0 do 88
ii o do- bsu
l6oo do It. t84
SilWOttA 4m m 6s.'69... 93
tbumi llai-risu'u 6.S...H. !i)
HHCcX All) ll'l'i
1.j0u i'euna k la. Si'Y
IS do oi'?
loo sh Cata Pi. o o 3t 'I
lint do .e wi
loo do ni l
100 dO.......t)lil' IT''
ai'O h Read W- 47.'.'
& Co. quote Govern
Messrs. Jay Cooke
ment securities, etc., as follows:-!!. 8. 6s ol
l8l, llljlllj; 6-20s of 1862, 1124161123 :
6-20S, 1864, 1981094: 5-20.S, Njv., 1865, 109 jftfi
109J; July. 1865, 10sJ(?108j; do.. 18C7, 108i'fl
108; oo. 1868, 108jai08; 10-40d, I06j100j.
Golil. 135.
Messrs. De Haven A Brother, No. 40 South
Third street, report the following rates of ex.
chance to-day at 1 P. M.: D. S. 6s of 1881. 1114
iilllj; do. 1862, 112(11124; do.. 1864. losj'ft
109: do., 1865, 10943109; do.. 18C6, new, 108(0
1084; do., 1867, new, 108jai082; do., IsOS, 10i
(e108 i do., 6s, 10-40s, 106.(106. Due Com
pound Interest Notes, 19i; Gold, 13443135;
Silver. 130J 132. '
Messrs. William Painter & Co., bankers,
No. 36 South Third Street, report tho lollowlug
rates of exchange to-day at 12 o'clock:
United States 6s, 1881. HUaillJ: D. 8. 6-20a.
162, 112S1124; do., 1864, 108j'tl09; do., 1886,
109JlOi5; do. July, 1865, 107Jrtai08J: do. July
1867, 108ril08J;do. 1868, 10310H2 ; 18-4.08, 10(14
(Jiltie. Compound Interest Notes, ptist due,
119-21 Gold, 1344(3135.
Fkllauclpliia Trade Report.
Friday, Jan. 8. The demand for Flour la
con fl iied to the Immediate wants of the home
consumers, who purchased a few hundred bar
rels at 855 75 for superfine; 806 75 for extras;
S7258 tor Iowa, Wisconsin, and Minnesota
extra family; 88 "510 50 for Pennsylvania and
Oblo do. do.; and 81113 for fancy brands, ac
cording to quality. Bye Flour sells In a small
way at 87-5038 per burrel. Nothing doing la
Corn Meal.
Tbere la not much activity in tbe Wheat
market, and prions favor buyers; sales of red
at 8185ut2; amber al 82 01a 08; and white at
82'5&2 45. Kye is unohanKed; sales of Western
and Pennsylvania at 8I'60162. Corn Is quiet
and weak; sales of new yellow at 02'96a.; new
white at 87c400a.; end old yellow a 8115. Oats
are moderatelv aotive; sales of 200) bushels
Western at 72$75o, 800 bushels Barley sold on
Brlvate terms. Nothing doieg iu Barley or
alt.
Seeds Cloverseed ls In steady request, with
sales at 888 25. Timothy Is nominal. Flax
seed Is taken by the crushers at 82 5832 62.
Whisky la beld at 810.! 105 V gallon, duty
paid.
SECOND EDITION
LATEST BY TELEGRAPH.
Pcalii of General Kou3seau at New
Orleans-Sale of a United
States Fortress Affairs
in iiiiUiiuoie.
FROM WASHINGTON.
ttj'Ccutl Despatch to The Evening Telegraph.
Washivotok, Jan. 8,
Ilea III of 4acnernl l. II. Koiisnenn.
A piivate dei-patch just received here an
nounces the death of Getier.il L. II. Itousseau
at New Orleans. This makes iwo vacancies In
tbe regular army of Brigadier-Generals. It is
Lot. cxpicted that either of thcji will be filled
until Grant comcSj
FROM BALTIMORE.
Spiclol Detpatch to The Evening Telegraph.
Baltimorb, Jan. 8,
Old Fort C'ovliiiftoti,
sitnntcd on the west bank of the Patipsco river,
whr ic the last terrible repulse was given to the
British in 1814, has been sold by order ol the
Government for $10,500. It contained 2 acres.
William Callow is th purchaser.
Hie Argument
upon a writ of error in John Clare's case has
been concluded, and the decision of the Court
of Appeals is beld sub curia.
The second trial of Morris for destroying the
Montezuma Is progressing in the United states
Court to day.
THE E UR OPE A NMARKETS.
By Atlantic Cable.
Thin .nornlng' (tnotatlons).
I on don, Jan. 8 A. M. Cousols for money,
925; and lor account, 93. United States FUe
twenties quiet aud steady at 75. Kail ways quiet.
Erie, 264. Illinois Central, 954.
Liverpool, Jan. 8 A. M. Cotton quiet;
the rales to-dav will reach 10,000 bales. Sales
ot the week 82.000 of which 20,000 were for
export, aud 13,000 to f peculators. Slock 353,000
bales, including 94.0(10 of American. Corn, 37s.
3d. for old. and 35s. Cd. lor new. Oiher articles
unchanged.
This Afternoon's Quotations.
London, Jan. 8 P. M. Consols, 92 for
money and account, bucks dull and un
changed. Liverpool, Jan. 8 P. M. Cotton unchanged.
Stock atioat, 2H3.000 bales including 117,000
American. Pork Dim. Bncon, 6Gs, 6d. Cheese,
71s. Lard, 71s. Naval stores firm. Tallow, Hi,
Cotton at Havre unchanged.
Liverpool, J id. 82 P. M. Yams and fabrics
at Manchester less favorable, caused by dullness
of tue marker. Wheat dull. Flour quiet. Old
corn, 37.(&37s. 3d.; and new, 35s.369. 3d,
Peas, 45s.
HAYTI. ,
Mirngoane Sacked by Salnnve's Troops
and Utterly Destroyed.
By the arilval at New York of the barque R.
Murray, Jr.. tiom i'ort-au-Prince, we bave
Hayilan advices lo Deo. 15.
Tue capture of the lawn of Mlragoane was
followed by indiscriminate pillage, tin plaoe
having been given up by balnave lo his sol
diers tor that purpose. Tne stores and dwell
ings or foieightrs, U Is said, were sacked, as
well as those or ihe natives, the troops, in inelr
gretd of plunder, makinu no disilno Ion what
ever. The spoils were shipped on board tue
steamer Balnave and tue barque Trait
d' Union, and taken to Port-au-Prinoe,
where a large quantity of vamable articles
were sold publlciy by tne soldiers, as soon as
landed from l he vessels for a mere song. Mira
Kouue was entirely oestioyed, tbe town being
leduced lo a heap of ashes. As a oonsequenoe
ot the capture of Mlragoane, the towns ol Petit
ittvlere, Auscareau, Petit Xrou, and Braderes,
immediately sunenduied to Balnave, but sub
seiutntiy Anseareuu was attacked oy tbe
lleoejs, tne town burned, and ihe whole garri
son eaj tuied uud put to the sword. Tne taking
ot Mlrsguane by balnave had made tne rebels
dtsieraie. General DomliiKue had Issued a
proclamation to tbe blacks of ibe Mouth,
couched inmost Inflammatory language, call,
lng upon them to rally to his standard, aud
ottering them the city of Port-au-Priuue for
pillage if they would assist him In taking that
place. The rebels hud become desperate, aud
hud expressed their determination to give no
quarter to such of balnave's troops
hh might full into tnelr hands.
Tne Insurgents mat were driven out of
Mlragoane rallied shortly after, and falling
upon Leogave, took that place from the Gov
ernment troops, whom they put in flight. It
was thought that the lmportuni towns or Aux
Cay es auu J cornel would be compelled to sur
render to balutve to avoid the fate of Mra
goane. as the President has determined to bom
oard them should they continue to bold out.
In the meantime, Saluave has gone to Ausca
reau, lor which place be left Port- au-fr luce
with troops as soon as Intelligence reached him
that tbe town had been taken by tbe rebels.
The taking of Mlragoane had compelled the
lnsurgeuis to evacuate their position at Pont
lie Muagoane, which Is considered tbe key of
the Souib.
in the North, tbe rebels were hoping to secure
two war aleameis, to obtain wuiou they had
dispatched ageuis abtoad, furnished with,
nieuus to purchase the vessels.
LATEST S11UT1MJ ISTKLLIUEXUS,
For additional Marine JXew tee Inside Paget.
TORT OF PHILADELPHIA. JANUARY s.
STAT a Or TUKBUOMETKtt AT TBI KVKN1NO TKX.
sura oyyicic.
7 A. M 40,11 A. tl 47l P. M...M..,-;....M
CLEARED THIS MORNINO.
Br. brig 0, U Van Horn, Coilill, Auiwerp, O. 0. Van
Horu.
Scbr.ateelman, Adams, MataniM, Madeira 4 Ca-
liada.
Bcbr A. Lincoln, Davis, New York via New Castle,
Knight A Hons.
ARRIVED THIS MORNING.
N. O. barque Kosaioa. Wlerlcba, 8 dais from New
York, In bailaat to L. Wesiergaard Co.
Br. brig Auua. Morrow, So rty from BUCk Bfver,
Ja.. with logwood lo D. N. Welaiardt Co.
Brig Allamn sawyer, 4 day from NevAua, with
guano 10 J. K. B-mey & Co.
Hleamer J. 8. bbrlver, Dennis. 12 hoars trom Balti
more, with uidae. to A. Orovua, Jr. ,
Tbe following cable despatch ba been received by
the owners of aUlu Wcilu oreiaod, beiora reported:
B. Tdomis Jan i-Bulp Westmoreland. In HU
Tbnmaa, with b'.w.prll, toreiuaat. talis. anl rigging
carried away; will be repaired without UUoaargUig.''
Corrrtpondrnee of the Phiindfti'hta Xxehnno.
Law km, Del., Jan. 8-9 P. M Barque Fmur
fn.ui riaagua. caiun lo lbs B'ealcwalur to ar kw
orders, blilpa Wyoming froiu Vnlladelpbia for Wver
pooi: iucbtesed'Orleant. !.. tor Antwerp: baiQuaS
Ut Peter, do. lor Antwerp: It marka.do for l.a gua yra,
went to rem last algbt aud to-day-reported oy tue
pilot boat Henry Cope. . , ,,
v Pilot boat Moses H. Grlnns 1 reports th 'owing
veuels aa bavins paaned I'. a lo tlay:-Barqiies An
telope, rroin Wlloilngien. Del for . Ann ana
:ilce. from Pbl'adelpbla lor B i b v, .J0 'r
J- almombi brig Mille do. for Cork: K. U. Rtah. do.
for Lisbon: aobia W. B. Thomas, no. ror Cardenas; M,
AE llrrderaon. do. for 8sua: U. B. MoOauley, do.
for Glntaeca; Kliaabeili MoWaa. do. lor Cardenas;
Albert Thnniaa. do. lor Cuarie'ion: and rJa. Ponder,
do. tor Cardenas. JOJJErii LAJiCTKA,
MKUOKANDA,
Steamship Brunette. Howes, henoe. at Maw York
yesterday.
bcbr juiia Berkley, Bads, bense, at New Haren tb
Inslaut.
Bcbr Tboa. Borden, Wrlgbtlnglon. bmos for Fail
Illvw.atNew York yeateiaay. '