SMIN(& hi H A. A. VOL. X. NO. 99. PHILADELPHIA, SATURDAY, OCTOBER 23, 18C9. DOUBLE SHEET THREE CENTS. J7 .1,1 LI o FIRST EDITION THE BliOOnS CASS. Under Way Again-The Missing Witness not Forthcoming, and the Trial Proceed ing Without Zlim. The Court Refuses to Admit the Affida vits of Neil McLaughlin. The Commonwealth Closes its Case The Defense. st-nla morning at 10 o'clock Judge Ludlow opcnctl ttoe court of (I'liiirter Sessions lor tlio purpose of i-roceeding with tlio trial or tlie would-be assassins f Revenue Detective Brooks In such manner as tlio condition of Hie case required. The name of Officer Kelly, No. 35, Seventeenth Police district, was called, bus no response was made. Mr. Gibbons stated that every effort Had been made by tlio Mayor's force to liml this man, but without success, mid he did not feel at liberty to in flict upon the jury the penally of a further Imprison ment, and therefore would not ask another adjourn ment, but would proceed with the trial and finish it If possible to-day. Otllcer Scott, of New York, was recalled to prove the dates of the arrest of the prisoners in New lork, and their delivery to the Philadelphia authorities. Mr. Dwlglit then offered in evidence, as a part of the Commonwealth s case, the two affidavits of the witness Nell McLaughlin, saying that he was pre pared to support the oiler by authority. On the part of the defense, Mr. Mann objected, first, because the Commonwealth could not ha allowed to contradict or Impeach the testimony of her own witness. Many mistakes were made In the ilin of the hue and cry against t nese prisoneis.wiuoii was far greator than that raised when a citizen called a policemen to arrest a thiel and was himself arrested while the thief was allowed to escape which happened in this city withlu the past ten days, bight could not be lost of the fact that Nell McLaughlin, whose ailldavlts were offered, was a Commonwealth's witness ; but there seemed to be a lisposltion to charge him to the defense; and a newspaper yesterday, in a learned article, accused counsel for the defense of Infamy In using him as a witness on their side of the case, when the mem bers of the press now at the bar of the court know that he was offered by the Commonwealth, and not even cross-examined by the defense. Judge l.udlow requested Mr. Mann to confine his remarks to the question before him, namely, the ad - inisSioillty in evidence of the ailldavits of the wit ness McLaughlin. . Mr. Mann then xesnmed his argHmcnt, addressiug hmiself to his case like a lawyer, speaking law and citing authorities in support of his position. RMr. Dwlglit answered, also citing many decisions Ef onr Supreme Court as sustaining his oiler. Mr. Gibbons followed, saying that he had been by duty bound to call McLaughlin for the Common wealth, for it was upon his testimony that the pre sentment of the Grand Jnry was found. True it was, Mr. Maun did not cross-examine this witness, be cause his testimony was wholly In favor of the de fense ; but when Mayor Fox was called and proved that McLaughlin had previously made a different statement, he was rigidly cross-examined, and his reference to the written statements was strunuously opposed. The defense would have had a perfect right to demand that these statements should be given to the jury Instead of the uncertain recollec tion of the Mavor. The Court and jury were both entitled to have the truth or ine case, no matter from which side It came. If the principle contended for by the de fense were established, corruption and deceit would triumph, this court might as well be abolished, for an assassin or other felon could not be convicted. Should a man be charged with murder, and three witnesses appear before the Chief Magistrate of the city ami swear that they Baw the murder, and that the prisoner was the mau who committed it, of course it could not be known what passed iu the Grand Jury room, but an Indictment was a present ment: ami then upon the trial these three men, one after another, should face the prisoner and say he was not the man, then where would you be ? Where would justice bo? Mr. cassidy, in closing the objection, said that Mr. Gibbons had been carried away y his own sensa tional declaration upon the merits of the case, as much as Mr. Mann could be said to have gone out or the case to tight the newspaper world. Contenting himseU with this little divergence, the gentieuiuu discussed the simple question of law before the Mr. Cassidy again began a defense of Mr. Mann s departure Into the newspaper world, but was inter rupted by Judge Ludlow, who said : "Now, gentlemen, the newspaper world 1-as nothing to do with this case; it is not in this court." Mr. Cassidy "It ought to be out or if Judge Ludlow "Well, it is, so far as this case is concerned. We are not to heed (he newspaper com ments any more than any other unauthorized pro ceeding, and It is a gross impropriety to comment upon a cause during lis trial in court; and tho jury should hear nothing or the remarks that the news panel's have indulged in about it," Mr. cassidy "1 am glad to hear your Hono- say so, for It is bigb time that this was becoming known." Judge Ludlow sustained the objection and .ex cluded the evidence. Here the Commonwealth closed, Mr. Gibbons an nouncing that Kelly had been discharged from the police force. The Defense. Mr. Cassidy opened the case of the defense, dweH lng upon the effort which he thought was made to put this case, which is a simple issue, upon the role of sensational dramatic cases, which was becoming fashionable, The jurors muBt have been linpressml, as they tried to enter the court, with the lines of or namental officers who surround tlio court, adorn the halls, and escort the prisoners up and downstairs, and the witnesses to ami from tie witness stand, the presence of the Government officials, and several other little Uicldunta widen occurred to heighten the sensational effect, the failure of the witness McLaugh lin to say what the District Attorney wanted him to say, the immediate parade of the Chief Magis trate of the city to demolish the testimony of Mc laughlin; then the mining pullet officer and the excitemeut over Ills ubsence, the consequent ad journment of the Court In order to fllow the wholo police force to find him; the whole police force looked lor hlin and didn't find him. lladaltheso highly sensational scenes been emitted, and the jurors' attention been engaged Kiinp'y to the truo issues of the cause, they would have bsen home last night. He only mentioned these ma' tets in order to . elio w how little they had to do with tb cause the Jury was sworn to try. Their duty was simply to find whether the poor men in the dock wero guilty or not guilty of the assault npon James J. Itrooks; if they were guilty tho Jury should say so, and JuUgo Ludlow would give them the lull extent of the law; but If they were not guilty, they would he acquitted and allowed to pass out of this Court free. This case was to lie tried Just as auy other case. Then, dismissing all the matters that had been Introduced only for sensation, the cause dwindled down to the statements of Thomas Hughes, James McLaughlin, and James J. llrooks. The Best witness would be shown to be a low vsga liond and bounty-juniper, and utterly unworthy of belief; the second, by his three different statements made under oath, proved hlmscir to be in the same ., boat with Hughes. As to Mr. Hooks, ho would say that the victim of this assault was deserving of tlie sympathy of the whole community, and lie would be heartily ashamed of the jury he was addressing iid he not believe they accorded that sympathy to him. But the fact that Mr. llrooks was a revenue officer flid not aggravate the case, and lie was no more en titled to justice than any other reputable citizen, but he stood eoublly with any other mau whoso life hail ieen assailed m a similar manner. It would be Hbwn that Mr. llrooks was houcstly mistaken lu this matter; he was too excited to recognize the . Vf. l, assailants; ho had, when believing hlmsolf to be upon his deathbed, said lie did not know who the men were, that he had not seen them long enough. The defense would show, l.y highly reputable citizens, that from 10 o'clock until 3 of the day on which the assault was made, the prisoners were all the time cither in front of or Inside of Devitt'g tavern, next door to the Moyamen Blng Hose house, so that they could not possibly have committed the crime. . 'J heir flight from the city was easily explained by the excitement that existed lu the eoinunimtr, the suspicion that rested upon them, and the severity witn.whi. h they knew they would bo treated if ar rested. They knew that no ball would bo taken nntil Mr. JJrooks recovered, and they determined to ro away until he fchoiild bo about, when the re turned lor trial. It wonlrl be Bhown that Marrow was In a very low State of health, subject to bleeding of tho ltlngs. Tho reward of 50Q was exceedingly Incentive to the Real displayed by the detectives and some of the ether witnesses In the cause, which fact the jury siionld bear la consideration in weighing their testi mony. The following witnesses were examined Thomas J. Martin My place of business is No. ISO North Front street; I reside No. 1313 North Fif teenth street; lam a member of the firm of T.J. Martin A Co., wholesale liquor merchants; my store Is about two-thirds of a block above Kcenan's store: I remember the dav Mr. llrooks was shot; I was in my store ; I heard a noise as though there was a runaway, and going to the door, I saw a rhaise running up Front street, Just like a flash; I heard some one holloa, ".stop the wagon! pnd saw Mr. Brooks running towards me with a pis tol in his hand and blood running from his nose and mouth, and said to him, "My God 1 Brooks, what s saw Mr. llrooks running towards me wmi im n his hand and blood running from his nose and tth, and said to him, "My God 1 Brooks, what's matter with you?'' and I ran to him; ho I, "lam Idiot; will nobody slop the carriage ?" was about to faint, and I took the said him into my store, and sent ror a doctor; ne sain ne was snot in the back, and the men in the hack had done it; he said he was in Keenau's store extrmln lngthe books, and while he was standing at the desk making notes three men entered the store and asked for Mr. Keenan. Mr. Dwlglit objected to this as not contradicting anything Mr. Brooks had said. Mr. Cassidy contincd the witness to the points ho desired him to speak npon, and the witness re sumed: Brooks said then that he could not Identify the men who shot him : he said that in answer to a question 1 aknl him ; 1 asked him bc lore the doctor came; when the doctor came I asked what he thought of Brooks, ami ho shook his head; Brooks was sitting beside, and it was, thought he was dying; I ag.iin asked plin and he said he could not identity them ; 1 had a motive In asking him. Cross-examined 1 have a distillery a. Twelfth and Washington streets; I knew Mr. Brooks personally and he knew me; he never seized my distil lery; It never was seized ; I never had any difficulty with Itrooks; our intimacy had been of the most friendly character; I have never been in Court In consequence of any act of his; I have been in the whisky business about twelve years; I was In the whisky business prior to the imposition of the whisky tax; there is a case In the United States Court In which I am one of the leasers of a property which was seized; 1 don't know by Mr. Brooks, but he has ;sonie knowledge of it ; I am interested as one of the sureties; 1 was concerned, In 18is, in a suit agatust ten barrels of whisky, but Mr. Brooks had nothing to do with it; as soon as Brooks came in and lay down, I asked him could lie identify the men shot; I supposed lie was dying, and was anxious to get the information for the benefit of tho Government: that was after he had told me the men who had done it were lu the car riage; I assisted htm to his home; 1 did not leave him until 1 went to take him home; the carriage was about the distance of the width of this room when I asked him who shot him ; I just asked him if he knew the men who shot him ; I then thought he was dying; he was lying on a lounge; that was the lirst question I asked him ; I asked him if he would know the men if he would see them, and he shook his head and said no. O. Did Mr. Brooks seize whisky at your store? Objected to, but allowed. A. 1 have no recollection of his seizing goods in the store, hut 1 do remember his taking goods from in front of my store; this, however, was a usual thing with all the liquor stores. Cross-examined by Mr. Cassidy The goods seized by Brooks were not mine; I have never had, and have not now, any unkind feeling toward Mr. Brooks; I would do as much for liiin as I would ror any man living; became to my store regularly; I was brought here by process of a subpoena; I would rather not have come. Dr. William (julgley sworn My residence Is No. 130 Race str I w as sent ror to see Mr. Brooks when he was at Martin's; J went there and attended upon him; he was sitting on a lounge In the office or the store; I asked him where he was wounded, and he said In the back ; I found the wound, and my opinion was the bullet had gone to the lung; there was great confusion, and I directed him to lie down and an swer no questions, and say nothing to any one; just at that moment some one asked him if he would recognize the men if he saw them again ; 1 think he answered, "i do not think 1 would ;" I was all the time urging him not to talk, the importance of rest was so great. Here the Court took a recess until ten minutes of 3 o'clock. F. F. Hansford, William B. Matin, and L. C. Cas sidy, F.sqs., for the defense. NARROW ESCAPE. The Nicniuer City ofToledo in n Kiorin-A Fenr 1 ii I .Scene oil Itourd. A correspondent or the Marquette? (Michigan) I'hiimh a!c; who was a passenger on the steamer City of Toledo during a storm recently, gives the following account of the scene on the boat:. The steamer had run through tue entry, and was getting away from the ice or Keweenaw Point, and luto the sea, which came heavier at every revolu tion 01 her wheels. Finding It Impossible to lie iu any hunk, I hurried on my clothes as rapidly as pos sible, ami staggered into the cabin, where, most of the passengers about forty In uumlier were con gregated. All on board exhibited more or less fear on account of the fearful plunging of the stu.imer, which was now running into a heavy sea, about half way to the Huron Islands. At this point the wind shifted from the north to the northeast, and blew with redoubled violence, making what a sailor called a "hay-cock'' sea. The steamer up to this time had been making good weather, with the sea heail, but now the sea struck her under thcgitards with resistless force, almost impossible to conceivo, and it was evident that she could not live long in that position. An order was immediately given to bear down for Huron Bay, In hopes of making a harbor, and an effort was made at once to bring her about. Every one was at the highest pilch or excite ment, as the noble little craft slowly rounded to. with i lie sea running mountains high, and making a clear breach over her. At this point the sceue on tho main deck was ono long to be remembered. The rumor had gone round that the steamer would bo lost, and strong men be came paralyzed with fear, and dropped on their knrcs in prayer; women and chllden wrung their hands, nnd cried out in despair; and for a few mo ments it seemed doubtful whether the noble boat would ride or sink. Who was in the rough sea, more wild and terrible than we ever Imagined would occur upon the lakes. She made several feanul lurches ijefore coming round, and the angry waves striking ier beam, tore out her gangway on both sides, ami rolled across her deck, knee deep. Trunks, baggage, and light freight was swimming about In an indis criminate mas, and deck hands and steerage pas sengers were clinging to the stanchions to keep from being washed overboard. Tho clerk, Mr. Cantleld, being afraid to remaiu longer in his office, had come out and was holding on to the doorpost, expecting every moment to be his last, but resolved to leave no plan lor safety untried. His office was hooded with water from the main deck, and at every plunge of the steamer the decks were swept clean by tho seas. She was linallv brought about and headed back lor the entry, where she arrived at live o'clock A. M.. meeting with no fun tier trouble, since after turning round. she rode more easily before! the sou. Had the steamer oeen less staunch, sh she would cer- laimy hum- neeu lust. FROM EUROPE. . TIiIh .llornliiK's Quotations. Elf the Anjhi-Amerlean Cable. 'Lonook, Oct. 2311 A. M Consols, 9.".i for both money and account; American securities quiet and steady; b-vm of 186', M-u: Win, old, M'4; 1U7, uH,; KMOs, iC.j ; Kilo, 2iv; Illinois Central, 00; Atlantic and Great Western, 2ft. Liverpool, Oct, 2811 A. M Cotton steady; middling uplands, 12d. ; middling Orleans, 12.,ci. ; the sales are not yet estimated. Red Western wheat, Os. lid.mDs. 4d. ; winter, 9s. ud.ta Us. 7d. Corn, litis. Fens, 44s. t!d. Linseed oil, ..'33 los. London. Oct. 23 11 A. M Linseed oil, X21 12s. Turpentine, 2us. 3d. Sugar linn for both ou tue spot and afloat. This Aftcrnoon'n Ouotatlomi. Lokpon, Oct. 23 1 F. M. Consols (dosed nto:)',' for both money and account. American securities OUiet , 6'20S Of 1SC2, ; iMi&S, Old, 81V I 1678, t i 10-20S, 74. l'rie 21V Illinois Central, Oil; Atlantic and Great W estern, 2n;. , LIVEK.'OOI, Oct. 23-1 P. M.-Cot 011-121. for middling uplands, and 12Vd. for middling Orleans. The sales have Imeu ttooo bales up to this time. Lokiiok, Oct. 231 1. M. Tallow, 47s. 3d. Livkufool, Oct. 23 1-SI0 P. M. Cotton dull; tho sales have been 12,000 bales, of which anno wero taken for export and speculation. Fork, 112s. d. Kellned Petroleum, is. 6 VI. Havhk, Oct. 23.Cotton opens quiet but Irregu lar at lyajjif. atloat. , , . Liveki ooi., Oct. 2312-30 P. M. Cotton nuietj the gales are estimated at "O0 baleg.. Pakih, o.;t. 23 12 J0 P. M.-The Bourse opens quiet. Hemes, 71f. M AxrwEMvOet. 23.-Pttroleum opens quiet at W.y. SECOND EDITION LATEST BIT TULD GRAPH. Custom Houqe Frauds A New Way to Avoid Them Condition of Ex Secretary Swing Terrible Disaster at Albany Loss of Life and Loss of Pro perty. FROM WdSHlJVGTOJY. Improved Condition of Tlionian Fnlng, Sr. Sprrial Despatch to The Keening Telegraph. Washington, Oct. 23. Thomas Ewint;, Jr., is much belter this morning, and hopes arc now entertained of his recovery, lie i9 still at the Supreme Court-room, however, his friends beltim afraid that an attempt to remove him miht result in a relapse. Ho is quite conscious to-day nnd converses freely with those around him. CtiMoiu lloime Cnrtiurc Svntein Fronds. Despatch to The Evening Telegraph. Washington, Oct. 23 12 M The Treasury is now engaged in perfecting a plan for prevent ing frauds iu the custom house curtago system. As things now stand, each drayman gives an individual bond for a small amount, but as the packages to be hanlcd from the wharves to the appraisers' oilice are sometimes very valuable, the security is not snfllcient. The plan proposed is to make a contract for this job, nnd place tho contractor under very heavy bonds and make him responsible for his draymen. FROM NEW YORK. Destructive Fire nnd l.os of I.lle. Albany, Oct. 23. A fire broke out iu the crockery warehouse of Van llcusen, Charles & Co., in James street, in this city, last night. The loss is estimated at 30,000, and the insu rance amounts to $30,000 on the building and $30,000 on the stock. Several firemen were iu jured, but none seriously. While this fire was raging, and the whole department engaged thereon, another broke out in Beaver street, occupied by Henry Buchanan us a saloou. Several persons were in the upper part of the building, some of whom escaped, while the exit of others was shut off. Oti3 man. named John Pruyn, eon of the late Samuel C. Prnyn, leaped from a front window and was killed. It is re ported that the others perished in the Humes. Several persons were badly-injured. Tho loss is henry, but the amount of insurance has not been ascertained. Races Postponed. New Yokk, Oct. 23. The Jerome Park races have been postponed on account of the rain. No day has been named. New Vorh KtocU Market. New York, Oct. 23. Stocks unsettled. Money 6 (7 per cent. Gold, 131. Five twenties, 1SG2, coupon, 120j; do. 1864, do., 119 v; do. iSi)5, do., 119V ; do. do., new, 117: do. 18U7, 117V; Ten-forties, 10SV. Virginia 0s, new, 63; Mis souri 6s, 87,V; Canton Company, en; Cumberland preferred. 27K : New York Central, 187 V; Erie, 30 K ; Heading, 90,'tf; Hudson Kiver. 172; Michigan Southern, 03V; Illinois Central, -l".! ; Cleveland and Plttshure. loo: Chicunro and Hook island, in.v., Pittsburg and Fort Wayne, 185;. Western Union Tele graph, 3;;v. FROM THE SO UT11. Dead nod Dylna. fipeeiaX Dcupateh to the Eoening Telegraph. Bai.ti.moke, Oct. 23. General Anthony I Milteubcrgcr, a prominent citizen and old de fender, died yesterday in his eightieth year, lie was Mayor ce ojjicio of Baltimore during the mob of 1830. Ex-ciovernor Thomas O. Pratt is now very ill, and U is feared his Illness will prove fatal. The lterlln. The steamer Berlin has arrived, with about four hundred passengers. The City Hull Imbroglio. J. Hall I'leasauts takes William O. Harrison's place ou tho new City Hall Building Committee. All others remain. The imbroglio continues, nnd the old committee slill holds ou. Niilciile. Michael Dyer leaped from the third-story last night, and killed hirnsolf. He was a stranger here, and of Irish nativity. Kalniug and disagreeable. The llnltlmore Produce Market. Baltimokb, Oct.23. Cotton quiet; nominally 2Gc. Flour dull and weak; Howard Street supertiue, S.v&ota b'76 ; d. extra, $0-25to 7; do. family, 87,25,a 7'00; City Mills supertine, t5o6'N; do. extra, $0-2.-xa,7-2S ; do. family, 7-WKn!9,7f; Western super tine, f.V50(n 5-75; do. extra, fs.v.4,S0 ; do. family, $7i7-25. Wheat dull and nominal at tlMfrrfj-M). Corn dull; white, Jl -10m l -10; yellow nominally fl$ 1M0. Oats dull at. C7(ti0c. Kye, 1 1 10 1 14. Pro visions unchanged lu every respect. Whisky iu good demand and scarce at $l-21f 1 22. CKAST. The President nnd Slanderers. . The New York Times of this morning publishes tliis editorial respecting the slanders upon our Presi dent : We cannot hope that any denial will silence the slanderers of the President, W hat they durst not say boldly they suggest by base Insinuation, enable to establish a single point against him, they insist that he shall be held responsible for the acts of persons over whom he exercises no control. They propose to punish him for the tollies ami sins of Corbiu and liutterileld. And having failed to acquire a particle of evi dence to establish his connection with these persons, they have dragged iu the name of a lady, uud have resorted to forgery to furnish a pretext for the assault. Tho men who employ these tactics are, morally, outlaws. Characterless themselves, they shrink from no trick, however contemptible, from no fraud, however in) unions, from no falsehood, however flagrant, to give color and plausibility to their allegations. All arguments with these men is idle; all exposure Is to them a matter of iudlU'erence The case as seen by the public wears a different complexion. The nature and extent of the con spiracy, the standing and motives of the conspira tors, are all understood. T-he slanderers of the Presi dent are fully appreciated, Their alliance with Tammany, and the blending of partisan intrigue wit h gambling and speculative knavery, are th iroughly understood. This knowledge of the assailants of (ienernl Grunt predisposed the public to judge him favorably. They weighed his character as against theirs, his antecedents, associations, and word against theirs, and accepted his denial of their stories as conclusive. They looked at what pur ported to be evidence, and discovered that It had no proper reference to liiin. They called for further proof, and are met with the pretended contents of a letter which on Inquiry is declared a forgery. Falsehood and forgery r isuch are tho beginning and the end of the means employed by the gold gamblers iu their work of defaming the President. The attempt to complicate the question as atfoct lng tho conduct ami position or the President by associating him with the speculations of Messrs. I orbln and liutterileld, Is equally unavailing. He must be judged only by his acta, they by theirs. The vindication of his character concerns the country ; the vindication of theirs concerns principally them selves. It is not our desire or our duty to exempt M r. Coruln from the penalty or his almost criminal folly, nor to screen Oeueral Buttertleld from the official investigation which the Treasury U bound to institute into his acts. Only the most strenuotjs exertion of hundreds of men saved the entire rock basis of 'the Falls or hi. Anthony from bong undermined lw the reccut flood, FOURTH EDITION EUROPE. Death of the Earl of Derby A Sketch of His Private and Public Career His Services in the Eng lish Parliament and Ministry. ' Symptoms of Trouble in Paris Spain Tranquil Eugenie at Cairo The Fenian Demonstrations. FROM EUROPE. The Frnlnn Prisoners. the. A nalo-A merican Cable. ft London, Oct. 23. The recent reply of IU. lion. Mr. Ulanstone to uie i reDuieut ui mu uiuoricn Ainiicmy Association, on the subject of the course of the Gov ernment towards the Imprisoned Fenians, has caused considerable discussion. The London Am nesty Association protested against the sentiments of tho Premier. A committee appointed by this body had arranged for a monster open air demonstration ou Sunday, but the meeting Is likely to be indefinitely postponed, as it has trarsiured that the Government would suppress it if attempted. Dentta of the Fni I of Derby, The Earl of Derby, who has been very 111 for a week or two, died this morning, seventy years old. Kpnin Trnnnxll AnnJn. MAimin, Oct. 23. The country is tranquil. The llishop of Albania and several Protestants have boen arrested at Granada, The French Chamber. Paris, Oct. 23. It is now certain that none of the Deputies will go to the Chamber on the 20th instant, as was at lirst contemplated by members of the Op position. Premonitory Symptom of Tronble. Paris, Oct. 23 The military arc collecting In PariB in view of the threatened irregular meeting of tho Corps Legislatlf ou the 26th inst. An imperial manifesto is expectea. xne urieanists are active. It is thought that the crisis may restore Kouher to the Cabinet. Euireiile In Eypt. Paris, Oct. 23 A despatch from Cairo to-day an nounces the arrival of the Empress Eugenie in that city, where she was well received. Paris, Oct. 23. The Bourse closed quiet; Rentes, 7ir. arc.- Antwerp, Oct. 23. Petroleum closed firm at CO.'f. FROM WASHING TON. ItesiKiird. Despatch to the Annociated 1'rew. Washington. Oct. 23 Captain Watson Webb, 3d Artillery, has resigned, to take eil'ect April 20, lt70. lie has leave or absence till that date. Personal. Major-Gcneral Harney has arrived in this city from Dacotah, and had an interview with General fcherman this morning. The War Olllco. Oeneral Sherman will continue to discharge the duties of Secretary of War until the arrival of Secretary Helknap. Boulwell nnd rnnt. Secretary Bontwell had a long consultation with President Grant this morning. Flnnnclnl Mtateniciit. Fractional cuiTcncy printed for tho week, $1,079,900; shipped to Assistant Treasurer, New York, f. '100,000; do. Boston, $100,000; do. Philadelphia, $100,000 ; do. St. Louis, Charleston, and New Orleans, each $50,000. United States depositaries Chicago, Cincinnati, Pittsburg, and Baltimore, each $50,000 ; do. liuilalo, Mobile, and Louisville, each $25,000; to banks, $.507,970. Total shipments, 1,431,970. Securi ties held for circulating notes, $342,4.59,050 ; do. public deposits, $19,273,000. Bank circulation outstanding, $229,73245. Frautlonal currency redeemed and de stroyed, $419,200. Secretary Fish's Itercut Proclainntlon. Special Dejatch to The Evening Telegraph. Washington, Oct. 23 The issuing of a proclama tion In form by tho Secretary of State In reference to certain bonds of the Credit Fonder, Poland, now ' being ottered for sale in this country, which are alleged to have been Improperly obtained, or, to use the very language of the proclamation, "stolen from the Bank of Warsaw." is looked upon in diplomatic circles here as going to the very verge of national comity and good will, and as taking a high stand for the Government or the United States In support of what Is proper and right. It is a high tribute to the Internal laws of Kussia by giving them practical , eil'ect In this country. If the laws of Uussla annul the bonds in hands of Innocent holders, the effect and Intent of the pro clamation are to render them equally .useless herein possession of our citizens, however severe may be their losses. It is not doubted that this action of our Government will lead to some reciprocating act of the Imperial Government, and inspires renewed hope ofjsuoeess lu.the hearts of all persons interested iu the Perkins claims against Kussia. Cabinet lleetlnK. There was an Informal meeting of the Cabinet to day, and it Is understood the Cuban question was up for consideiation. Some important developments are expected soon. FROM THE WEST. Another Snow Storm. St. Lor is. Oct. 28. Another heavy snow storm prevailed here last night. This morning the ground was covered with two inches of snow and ice. Marine Disaster. The steamer Sally was sunk thirty miles below Bt. Joseph iu the Missouri river yesterday. The boat was valued at $10,000, and insured in the .Ftna, Monongahela, and another Pittsburg company for $10,C00. Horrible Murder. MEMrius, Oct. 23 A horrlWe murder was com mitted near Tttrdy, In this State, on Sunday morning lust. Gilbert Coml8 shot nnd killed his brother Jacob, who was def ending his mother against an at tack by Gilbert. The ail'alr grew out of the distribu tion of the property left by their father. Gilbert had mx been arrested up to the last accounts. FROM BALTIMORE. Our l.ate ftllniater to Paraguay. IUi.tmiokb, Oct. 23 Gen. McMahon, late l s. Minister to Paraguay, arrived here yesterday on the steamer Berlin Irom Southampton. OHITTARY. The F.nrl of Derby. A cable telegram announces the death of one of the most distinguished statesmen which the nine teenth century has produced in England, the vene rable Earl of Derby, who held, nut 11 within a year or so past, the positiou of acknowledged leader of the conservative party. Cdward Geoffrey Smith Stanley, the fourteenth Earl of Derby, and Baron Stanley, was born on tlio 20lh of March, 1799, at Knowsley Tark, Lancashire. The Earldom of Derby, which he Inherited, and which now descends to his eldest son, Edward Henry Smith Stanley, styled by courtesy Lord Stan, ley, was conferred by Henry VII. in HS6, upon the then representatives of tho old an heroic Stanley family of Lancashire, for acts of devotion to the sovereign and manly prowess upon tho celebrated Held of Uoswortli. It has thus remained in the Stanley family for nearly four centuries, and during that long period tho title has been borne by many of the most Illustrious men who figure In the history of Englau For more than two centuries tho Earls ol Derby also hold the sovereignty of the Isle of Man, under the suzerainty of the Kfng of England, and it was not until the reign of George III that this sovereignty was transferred to the Bri tish Crown. At an early age, the late Earl was sent to Eton College, from which institution, after the customary term of residence, he was entered a a itudeut of Cliristcuurch College, Oxford. During hU academic cuter be attained to more than ordinary distinction but never graduated. In 1821, when be had carccl attained Ids majority, ne entered upon bis long po- litlcal career, being returned In that year as a mem ber of Parliament for the borough of Stcckbrldgo. It was not nntil March 80, 1824, however, that he ventured to address the House. Concerning this speech, which was npon the Manchester Gaslight bill, Hansard, the chronicler of Parliament, says that Mr. Stanley addressed the House "In a maiden speech of much clearness and ability," Following up the success which attended his first eil'ort, lie soon attained a high reputution as a debater, and took rank among the most prominent leaders In tho Whig opposition to tho then ministry of Lord Liverpool. In 1820 his constituency was transferred to the borough of Preston, Lancadilte, and on the lltli or March in the following year he enterel upon a Gov ernment offlce, becoming Under-Secretary for the Colonies In the administration or Canning. This offlce he continued to bold after Canning's death, retaining it until the dissolution of the GodcrlJh (Earl of Hlpon) Cabinet, la January, The three years of the Wellington government which follo wed this change found Mr. Stanley among theHr3t and most eloquent of the prominent men who thou sat In tho House of Commons. In isao, when tho reform Cabinet of Lord Orcy was formed, ho accepted the position of Chief Secretary of Ireland, one involving great labor and responsibility, together with a seat in the Cabinet, an honor which is rarely united with that appointment. Being required, according to the custom, to resign bis seat In Parliament and go be fore his Trcston constituents for re-clectlon, he did so and sustained defeat at the hands of the radical agitator, Henry Hunt; but he was soon after re turned for tho borongh of Windsor, on the retire ment of Sir Hussey Vivian. He continued to repre sent this borough until 1832, when he secured a scat for one of the divisions of Lancashire. In the. great Parliamentary struggle of 1932-1, which resulted In the passage of the reform bill, the church temporalities bill, and the bill to establish national education In Ireland, Mr. Stanley took a brilliant and cireetive part. His speeches dttriag that stormy session, In reply to the lierce assaults or Daniel O'Connell, Richard Labor Shell, and others, are splendid cirorts of parliamentary eloquence. In 1833 Mr. Stanley exchanged the troublesome offlce of Chief Secretary for Ireland for that of Secretary of State for tho Colonies, no was nominated to this post with the special object of carrying tho abolition of slavery In tho West Indies, which was effected under his auspices. In the following year, on the death of his grand lather and the succession of his father to tho earl dom, he became known by the courtesy title of Lord Stanley, and In the same year retired from the Cabi net In company wMt Sir James Graham, the Earl of Kipon, and the Duke of Richmond, in consequence of his and his three colleagues' non-concurrence with the ministerial proposition to appropriate the surplus lunds of the Irish Church Establishment for secular education. In the brief administration of Sir Robert Peel (Dec, 1834, to April, 1835), Lord Stanley refused to take offlce. But long before the six years of tho Whig dominion under Lord Melbourne had elapsed, he and bis followers, facetiously known as "the Canning leaven ot the Whig administration," were found voting steadily, with the conservative opposition, as avowed members of the conservative party. In 1811 the Whigs went out of office, and Sir Robert Peel formed a cabinet In which Lord Stanley occupied a scat as Colonial Secretary. In 1S44, while his father was still living, he was summoned by writ to the House of Peers as Baron Stanley of Bickerstail'e, and assumed the leadership of the conservative parly in that bsdy. When Sir Robert Peel resolved, In 1815, to adopt a free-trade policy and remove prohibitive duties ou foreign grain and breadstuff, Lord Stanley loft the Cabinet and became the leader of the protectionist oppo sition. When, In December, 1S45, Sir Robert tendered his resignation to the juceu, Lord Stanley was Invited by her Majesty, at the instimceof Lord JohiRussell, to form a protectionist cumnn, nut ne resolutely de elined tho oil'er. During the six years of Lord John Russell's tenure of the premiership, Lord Stauley added to his already high fame as an orator and a statesman by bis frank, manly, and magnanimous course as the leader of the opposition In the heredi tary branch of the legislature. Ills speech on the Irish poor laws iu 140, his speech on the ail'ulrs of Greece in 1850, and his famous explanation of the reasons why he declined the premiership when offered to him iu Feb ruary, 1881, when Lord John Russell's minis try were defeated in the Houte of Commons on Mr. Locke King's motion ror an extension of the franchise, are among the most remarkable of bis forensic efforts. "On June 30, 1851, on the death of his father at the advanced age of 70, he succeeded to the earldom and the vast ancestral estates in England and Ireland which are attached to It. On February 20, 1852, Lord John Russell having sustained another defeat on the Militia bill, Lord Derby was again called by the Queen to construct a Cabinet, and succeeded iu per forming the task within a week after the overthrow of the Whig chieftain. In July of the same year Parliament was dissolved, and the new Parliament assembled in December. On one of the first test divisions the ministry were defeated by a majority of i 19 in an unusually full house, and after ten months' j tenure of office, they were succeeded by the so-called coalition Cabinet, of which the Earl or Aberdeen was the head. When in his tnrn this last-mentioned no bleman was driven from power, the seals of omen were again offered to and declined by Lord Dorby, and finally entrusted to the care of Lord Palmerston, who continued to hold them until 1S58, when, by tho same majority of 19 by which Lord Derby was over thrown six years before, Palmerston was defeated by the adoption of Mr. Milner Gibson's amendment on the second reading of the Conspiracy to Mur der bill. On the resignation of Lord Palmerston, Lord Derby was again summoned into the presence of the (lueen, und entrusted by her with the formation of a Cabinet. In June, 1SW, the Derby ministry was again overthrown, sustaining a defeat in the House of Commons by a majority of thirteen, on a vote of want of confidence, having just previously dissolved Parliament and made an appeal to the country. Lord Palmerston was in consequence restored to the premiership, with Mr. (iludstone as Chancellor of tho Exchequer. On the 12th of March, 1800, Mr. Gladstone introduced in the House of Commons his first Reform bill. n tlio motion for a second read ing or this bill, the Government was sustained by a bare majority or live votes, ami was subsequently defeated by a majority of eleven, on a successful amendment affecting the scope of the proposed en franchisement. Tin defeat forced tho Whig Min istry, of whlcb Lord John Russell Became the head In October, 1805, in consequence or Lord Paltuer ston's death, to resign, and Hie seals of office wore again entrusted to the hands of Lord Derby. During the seven years Which he hud passed on the opposition benches, Mr. Disraeli gradually roao to tho position of actual leadtr of the Conservatives, although the venerablo nobleman who had so long swayed the councils of the party was still its ostensible head. Tho tactics which resulted in the defeat of Mr. Gladstone's Reform bill were guided, if not dictated, by Mr. Disraeli, and when the new Ministry came luto power lu July, Imio, he was not only the Gov ernmcut leader In the Commons, but practically tho head and front of the Ministry. Willi that tact und foresight which have always characterised this great master of political mtrlgue, he develoited, in Ids speech on the address to the throne on the opening of the session of 1800-07, ,tlie fact that the Premier and himself wero determined to bold at bay the liberal sentiment of the country, and at the same time maintain their position at the bead of tbe government, by Introducing a Reform messuro under conservative auspices. The other members of tbe Cabinet were treated as mere cy phers iq this matter, and it received .tbe slur Of being styled "a combination of Disraeli anfl Dcbrett," Mr. Disraeli, In his speech, state tbat the Ministers regarded the question ot reform as now beyond the range of party debate, and tbat It need no longer affect tbe fate of tho Cabinet. A moderate Reform bill was accordingly Introdnced Into the House of Commons but thia action caused the resignation of a portion of the Cabinet, and within a week It was withdrawn. In March, 1867, an amended bill, more liberal In its scope, was Introduced by the Government, and after withstanding the assaults of the opposition and sus talning material modifications, was finally passed. Mr. Disraeli having by his conduct of this measure become tbe acknowledged leader of the conserva tives, Lord Derby, a few days after the opening of the Parliamentary session of 1868, retired from tho position which he held as nominal head of the Cabi net, and tho ambition of his "right-hand man" wai finally satiated with the Premiership. Lord Derby had entered upon office for tbe last time with reluc tance, ami the Infirmities of age caused him to de cline to serve any longer as the mere figure-head Of the Disraeli Government. From the time of his re tirement he continued In fceblo health, aud his deatlt at the mature age of sixty-eight years has given rise to no surprise. The late Earl was elected Chancellor of the Uni versity of Oxford on the death of the Duke of Wel lington, In lt52, a position to which his rare cul ture and valuable literary labors Justly entitled time. His most prominent work was a translation ot Homer, published a year or so ago, and received with universal favor. On the 81st of May, 1825, the deceased was married to the, Hon. Emma Caroline Wllbrahain, a daughter of Edward, Lord kelmcrs dale. Three of their children, two sons and it daughter, died In infancy, and three survive. The eldest son, commonly known as Lord Stanley, who succeeds to the title and estates, has long figured in the politics of Great Britain, having held several Cabinet positions, Includingthat of theSecrCaryshli) or state ror India, to which he was the first one ap pointed, and in the late Conservative Ministry that or Secretary of State ror Foreign Affairs. The Hon. Frederic Arthur Stanley, the second son. is an oillcer in the British army, aud tbe third child is a daughter. HEMtt CQQPElt. A Sketch of the New Senator from Trnnr-sir. After a very exciting contest tho Tennessee Legis lature yesterday elected Mr. Henry Cooper United States Senator, in place of Mr. Fowler, whose term expires In 1871, defeating ex-President Johnson by a vote of 68 to 61. The result was not altogether un expected. Some time ago tho name of tlie Senator elect was mentioned in connection with the posi tion, the antagonism of Kthorldge and Johnson being too intense to admit of their supporters' coalescing upon the one or upon tho other. Indeed, Mr. Johnson's rrleuds stood by him to the las;, when they were defeated by the Joint votes of the ex treme radicals aud ex-secessionists, which strange combination of antipodal elements was brought about by mutual hatred of Johnson. It seems, however, after all that the cx-Presldeut Is nttt so badly beaten. If he failed of an election he at least hail the consolation of witnessing the triumph of one of his warmest personal friends and the Ignominious rout of his opponents. The Senator elect, Mr. Cooper is well known in Tennessee. Ho was born In Maury country, in that State, during the early part of the present century, and Is now a man In the prime of lire. lie Is a brother of Edward Cooper, well known to our readers as the secretary of President Johnson during his administration. He moved to Bedford county at an early age, studied law, and was admitted to the bar. After a few year his practice became largo, and he was known as ono of the ablest lawyers In the State. About the year 1850 Mr. Cooper married, and dnr--lng the same year he lirst entered Into political lite. At this time he was elected to the State Legislature by a majority of some 600 votes, after a most excit ing contest. At the next election he was opposed by the most popular and influential man in the county, and his defeat by several hundreds w.w regarded as a matter of absolute certainty. Mr. Cooper, however, entered upon the canvass with great energy and determination, lie imparted to his supporters the same spirit he possessed", and tlio result was that upon the largest vote ever poiled in Bedford up to that time, he was returned to tho Legislature by a majority or twenty. In politics he was a Whig, and, Indeed, never has voted a Demo cratic ticket that we are aware of. When the Eetjel lion broke out he did not hesitate a moment to avow his devotion to the Union, and his unalterable pnr pose never to give his support to the secession cause. During the eutiro war his course was con sistent with his stanch Unionism, so that he will ap pear belore the Senate of the United Stares with d record ns acceptable as that of Senator Sumner. Upon ex-President Johnson being appointed Gov ernor of Tennessee, soon after the fall of Nashville, he tendered a State judgeship to Mr. Cooper, who accepted the offer and served In that position until I860, when he resigned for the purpose of accepting a chair lu the Faculty of the Cumberland University of Lebanon. His career ou the bench was most honorable. Several times during bis term he endea vored to resign, but Governor Krownlow. although aware of his conservatism, declined to receive the resignation, but insisted upon his retaining the po sition. In one of his messages to the Legislature Brownlow referred to J mlge Cooper in tho highest terms of praise, expressing his earnest regret that the State Judiciary should be deprived of so pure and upright a member. This encomium wa B;7 the more flattering when It is rcmemberc rnai. irt Judge was an openly avowed polity, on'poiient of the Governor, and looked with, 0rror at his admin istrative acts. At the recent election In Tennessee Mr. Cooper was tho conservative nominee for the Sta'.e Senate f.tom the Eighteenth district of Tennessee, and was elected by u large majority. He Is a gentleman of ability nnd Is looked upon as a rising nun in his State. W e have no doubt that Mr. Cooper wdl make a most acceptable Senator. DUTTEK FIELD, The New York AHlNtnut United State Trea surer to bo Iteiuaved. In its Washington correspondence of vestordiv the Tribune has tills Item: ' uy The subject of the damaging charges made bv tins New York gold sharks against General Ilutter'tield Assistant Treasurer at New York, and his alleged connection with the recent panic in Wall street, has been earnestly considered by the President and members of the Cabinet, and all the facts against him which have been presented have been carelulU and deliberately canvassed. For some time past, anonymous communications and charges against (ienernl Butteriield have been received bv Secretary Bontwell, but thus far no serious charges have been preferred by responsible parties In rct'orence to his alleged use of his official position for private specu lation. Matters, however, are now in such a condi tion that a caange has been decided upon, and it la probable that General- Buttertleld's resignation will be received to-morrow. If ho does not resign, there is the best authority for sayiiig that ho wiil bo re moved. In any event, a change will bejma le in tho office of Assistant Treasurer within a short time. A CHOICE HIT. W hat a .Member or a Foreign La-untlou Hux Hone. ' The N. Y. Herald's Washington correspondent Id answer-able for the following: There is considerable talk Just now in Washington circles about an affaire d'amour between a certain young gentleman connected with one of the foreign legations here and a certain colored young lady, wtio is described as extremely beautiful and attrac tive. The young gentleman, the story gftes, became) so completely bewitched that he escorted the lady to public places, and was not only seen promenading with her on the streets, but even in her company at the theatre. The lady, it seems, beurs so little of her African origin that unless very closely scanned she would -pass for a white; hence the ease with which she gained admission to the theatre undetected. You have heard of the threo colored gentlemen who smuggled themselves into the Natiounl Theattf lice a few weeks ago.and wero compelled to leave ou being discovered. Well, it turns out that the trio had another object in that visit to the theatre than the ono generally assigned. Thev went there ua much for the purpose of "spot ting'" the beautiful young colored lady in the company of her distinguished admirer as of testing their right to admission on a white equality. The young lady was there that very nleht, aud the circumstance became known to great many re spectable white ladla who were acquainted with gentleman accompanying her. Thenext-morniriK the ailuir was In the mouths of all the gossips, mil? and ieiiiule, and the sensation that result'fl was so unpleasant to the geutumain who constituted tlio hero of the scandal that he fled from ims city to New York for protection. Altogether it ii u'j-au t'iO liugest social s ;andal of tbe season.