. 1 8 THE DAILY EVENING TKLEGRA P 1 1 PH IL A I)E VI 1 1 A; WEDNESDAY , FEBRUARY 9, 1870. 1 N TE Is L. 1 12 X C Bitt MEETIKG. IleooHitlonsof Urmvrrt ts the I-le tJeersj VVbartoa. A meeting of tho mombcri of tbe Philadelphia ar wm held In tho Nisi I'rius Court room, at 10 o'clock this morning to take action upon tbe death of George M. Wharton. Th Hon. James Thompson, Chief Justice, was ailed to tho chair. Mr. Edward Shlppcn and Henry E. Busch were chosen Secretaries. ' . The President, on taking tho chair, spoke as ioUows. Onr brother whose death we monrn has sue on m beri to that (Treat law of nature so strikingly Blusuated In the Holy Hcrlpturcs:-"It ,ts appointed onto all men once to die." My acquaintance with the deceased, I may say, 18 but of law formation, imply because my tlehl of laimr wan elsewhere. I an date bat X my personal knowledge of the de. eeased only about a ilouen yearn. When I flint came here 1 formed the friendship of the deceased, and leit as all others felt, that It was an honor to know anil associate witn such men. Mr. Whartou's char acter was stainless and spotless of all moral charges ; u is so now, and will for ever remain so. My know ledge of Mr. Wharton was mainly as a lawyer. He apM:ared often In the Supremo Court. Ills kind, placid, and benevolent countenance, his universal courteous demeanor, riveted the attention of all, nd caused all to listen to his arguments with a ense of knowledge-gaining. His clarity of diction, crace of elocution, purity of logic, added to his ear nestness, and the fnll laith and confidence in the truth of what he suld. gave his arguments gTeat power. As a lawyer In this community Mr. Whariou itood without a superior (and that Is no disparage ment), and with but few equals. Alas! that sucli a man should die before his day of usefulness was entirely over. Hon. Peter McCall next addressed the meet in?, and spoke as follows: Asa friend of tho deceased, and in behalf of my brethren of the Par, 1 thank you for the high and lost encomiums you have passed on the character of the lamented deceased, much of whloti 1 myself had intended to dwell on. Mr. Wharton was not one who had been long removed from among his profes sional brethren, but wus known by all, admired by all and loved bv all, and It is hard to realize that he baa passed away. It seems as though we could almost see him stand before us now In this room, the theatre of his many trials and the scene of so many of his triumphs, and wo can almost hear his lear voice stating his propositions in his calm; quiet tone. The deceased was a graduate of the Univer sity of Pennsylvania, and the Alumni of that Institu tion polnwd to him with beoomtng pride. Hy his own Industry and cirorta ho attained the highest po sition at the liar that was attainable, and built up a large, lucrative, and general practice, dealing In all cases, and having, to my knowledge, no specialty. The deceased possessed many excellent traits as a lawyer, amongst tliem mat oi oeing auie uui umj w detect the strong and weak points of his own case, bnt also that of his opponent's. The deceased was a sincere Christian, a 11 rm t.vid devoted believer in the truths of Christianity. In the Church of which he was a member he was looked up to with a deference and respect which but few enjoyed, and In the an nual conventions of the Church his counsels will be greatly missed. On the conclusion of these remarks, Mr. McCall offered the following: Kmiolet'l, Inst we dflplore the Iom which the Bar has sustained bv the decease of our Into himoriMl aaociate. (ivorKeM. Wharton. His long and succeastid professional career reflected luatro on toe Bar, of which he was an ac- Dowlet;el leader. Hi reputation as a lawyer waa built upon tbe solid foundation 01 thorough knowledge, ability, and moral worth. He brought to the practice of the pro fwinn a clear, well-halaniseil, and cultivated mind, a cool and discriminating judgment, learning various, extensive, and accurate, industry that never tired, aud a devotion to Uie cause ol Ida client tempered by duo fidelity to the court. Prudent and sagacious in counsel, he waa not less diKtingaieuod by the clearness, cogency, and persuasive power of his forscnic efforts. Amenity and good temper ever characterized bis deportment, and Ilia professional excellence was crowned by an elovated tone of morals and anblciuiih d personal cliaraater, which secured to him tbe conlidence alike of the Bench, the Bar, and the public. H-ulvt't, That Uie lo-a of such a man is deeply felt by the profession, and not on'y by tho profession, but by the community at lurge. who benefited by the example of adherence to principle, devotion to duty, and spotless in tegrity which his daily walk through life exhibited, dis playing tho virtues eni the grucos that adorn the charac ter of a Christian gentleman. Kmolvnl, That tne Bar deeply rympathize with the family of the deceased in their bereaveineut, and that a committee of be appointed to communicate to tueitt tiie proceedings of this meeting, and to tender to them tbe respectful condolenoe of the liar. Addresses followed from William M. Meredith, Esq., David Paul Brown, Esq., Charles Inger- soli, usq., lion, jonn uaawiuiuuer, ueorije v . Biddle. Esa.. lion. William A. Porter, Hon. Wil liam 8trontr, Hon. P. Frazer Smith, of West Chester, and T. Bradford Dwigut, Esq. The resolutions offered by Air. McCall were then unanimously adopted, and the President appointed as a committee of live to carry out their provisions Messrs. Peter McCall, William M. Meredith, William A. Porter, William Strong, and W. II. Drayton. The meeting on motion then adjourned. Local Odiib and Ends. The ex-President of the Board of School Controllers spoke forty- nine times, inside of two hours, yesterday after noon, and apologized for not speaking on the fiftieth subiect. The School Controllers ask for Northeast Pcnn Square for a site for a new normal school. One of the hoard philosophically adds thut it would have the effect of settling; the public buildings question. Airain do llvcrv-6tahle men look jubilant. The feathery flakes dispensed from the bedding establishment of Eolus raised their spirits and caused their hearts to beat in consonance with their bells. Beautiful snow may sound very well in poetry, but for us we prefer the beautiful bricks in preference to beautiful bruises and highly colored abrasions. St. Valentine, were he alive, or allowed to revisit former scenes, would doubtless feel highly complimented by tho many artistic de -vices nroduced by his friends. Politics are queer things. We know of some ten or twelve individuals who resigned their positions on the passage of the Metropolitan Police bill: they would now regain them. An uptown pedagogue yesterday called upon his scholars, as a lesson in elocutiou, to speedily repeat the weather changes, as loiiows: it rains, it nails, it mows, it Bnows. xry it, reauur. A More Coubect Statement Concerning Mayok Fox's Police. We published yesterday a statement of some very peculiar conduct of Mayor ox s minions in relation to .Mr. no bin son, whose house on t nzwater street was en tered by burglars, the burglars, after being secured, being allowed to escape through the connivance of the ofllcers. We wish to-day to make a slight correction In the account, or more vrouerly. give some additional facts. It seems that when Mr. Robinson appealed to the Lieute nant he was not promised a hearing, but was told by that officer to "shut up. or I will havo yon arrested." Other classical expressions of tbe same Import were also used. Mr. Kobinson annealed to Chief Mulbolland, who now has the facts In his possession, probably holding them under advisement for speedy action. This speedy action will in all probability commence in m t when the burirlar is out of the reach of the law, or, to speak more pointedly, in his silent tonio. Fine Arts. Unusual interest was manifested bv those nresent at the exhibition of oil paint ings at the galleries of Martin Brothers, Chesnut street, opposite Independence Hall, yesterday and this morning. A visit will be found pleasant and enjoyable. Tho collection, numbering 170 pictures, will be disposed of at auction, com mencing to-morrow morning at 11 o'clock, and evening at 7- o'clock. . We have not space to give such a detailed de scription of the pictures as they deserve, but recommend attendance at the exhibition this evening. Those desiring to possess the gems will of course attend the sale. Tbe sale will be continued on trlday morning and evening. when we are assured that all remaining must be eiosea out. The '-Stak' Coi;kkk of Lectures. The next lecturer w ill bo llev. E. II. Chapln, D.l). who will discourse to-morrow evening, at the Academy of Music, on fjhe Boll of II oil nr. Mr. CiiuDin is universally considered nim nf the most eloquent divines in the country, and as a lecturer he stands at the head of the ntnf "stars.'1 We can promise those who listen to .is call of "The Koll of Honor" to-morrow evening that both in matter and manner the discourse will oe one to oe remcmoereq. Severely Injured. Charles Thomoson Jones, member of Select Council, klipped on the Ujb at Fifth and Chesnut streets yesterday after- MOD, ana cvtiamcu ccTvrv hj;iuc. ITV TiifWilx. op titf I.atk Hon. Hokack Biiunrv, Jr. The following Is a copy of the will of this K'ntlcman, whose decease hits beeu so greatly lamented in this community; 1 n the name of (Jod, Amen. I, Horace llinncy, Junior, of the city of FhUedel TMo. rtn ink. pubiuh, and declare this my last will and testament. iiupriii.M i order and direct that all my Just debts and runeral expenses be fully paid ai soon as may be done after my decease. Item i. 1 give and nequeatn to my dew wife, Kllr.a Francs, for her own use aboiutely, all my household and kitchen furniture of evory descrip tion, whether useful or ornmenal; also, all house hold stores, books, (exc. ptlng my law hooks,) plate, pictures, prints, clothing, Jewelry, watch, personal ornaments, and all my private papers, other than evidences of property. Item I give and devise to my said dear wife, for the term of her natural life, my house 227 Bmitn Hixth street, in the city of Philadelphia, she paying the taxes thereon ami keeping tho same In repair. Item X All the rest, residue, and remainder of my property, real, personal, and mixed, I give, devise, and bequeath as follows, to wit: tine equal tnlrl part thereof to my said dear wife, Kllsut Frances, her heirs, executors, and administrators, In absolute property, and the other two-third parts thereof to my children who shall no living at my ueatn. ami tho Issue of such as shall be then dead, their heirs, executors, and adn- Inlstrst.ors In absolute property, equally, but the Issue of any deceased child to take only the share their parent If living, would have taken. Item 4. I authorize and empower my executors to sell and dispose of any portion of my real estate, and convey tho same to purchasers, fres from all liability to. sec to the application of the purchase money. Jtem n. Should my said wife at any time desire It, I authorize to sell my house, No. rn South Sixth street, aud with the proceeds thereof to purchase any other house an 1 premises which ray said wife muy select for her residence; the purchasers of the said house, No. 'I'll South Sixth street, not to be lia ble to see to the application of the purchase money, and the new purchnse to lie considered as a substi tute fur the original devise, and to be held by my said wifg for the term of her natural life, she paying taxes aud making repairs as aforesaid, my said dear wife always to tie at liberty to lease the nouses de signed for her residence, should she desire to do so, and to receive the rent therefor Instead of person ally occupying the same. (Signed) Horace Binnbv, Jr. KI.17.A KKAM-KSBlNNEV.) Exc(;ut Hon. II. Linm: , j KKh July, lcCl. comm.. Should any of my children die under age, and without leaving issue living at the death of such child, the share of such child so dying shull go to mv surviving cnuuren, except, my sou Horace and iheir Issue, equally in absolute property, such Issue to take only the share their parent If living would have taken. Horace Uinnkv, Jr. November S3, lKtH. Same Executors. secoko Cornell I revoke and annul tho third item of my will (containing til's devise of the residue of estate), and instead thereof 1 devise und bequeath as follows: I give and beoneatn to my ciacst son, Horace, a legacy or sura of $.VH. All the rest, residue, and remainder of my estate, real and personal, 1 give, devise, and boqneatli as follows, to wit: (ine equal third part thereof to my said dear wife, her ht-irs, executors, and administra tors, in absolute property, antl the other two-thirds thereof to and among such of tuv six younger chil dren as shall be living at my death, aud the issue of such of the said six younger children as shall be then dead, their heirs, executors, and administra tors, In absolute property equally ; but the Issue of any deceased child to take only the share their pa rent if living would have taken. jiuhai e jmnnhy, jh. Wm. Johnson Binkey, rw,nn. JOHN Hinnky, I " " llth of November, lsos. St'DDEN Death. At a special meeting of the Commercial Exchange this morning Nathan Brooke. Esq.. President, announced In a feeling manner the death of Robert Ervien, Esq., an old member ol tue association. Mr. 1 nomas AUtnan submitted the following preamble and resolu tions, which were unanimously adopted: "In Dim midtt of life wa art) in death." Thene worda were forciblr impressed upon our mmila when hearing thia murniuK ol tbe fcuddoo death of our lute fellow- mcniuer, Hubert hi vien, late oi wa nrm oi uowiania Krviun; turreiora HrmlriJ, That whilat we bnw with humble submission to the will of Cod, knowing "that He doeth all thinirn wall." wa oannot refrain from expressing onr pro'ound sorrow at tbe audden removal from our midat of one to whom we were nil enuoaren ny tue warm net oi social irienuanip and businen integrity. Hrtolvta, mat in tue oeatn oi itonorc itrvien tnia asso ciation and community Vaa loat one of her atorling citi zens, an enterprising manufacturer and merchant, and ta honeat man. jdMtlcrd, That we tender to the bereaved widow and children of our late fellow member our warmest sym pathy and condolence, and oominend them for consola tion to mm woo oas proinianu hi no uusoaou to tne widow" and a "father to the fatberleaa." Hnnlrrd, That a committee of five members bo ap pointed to make arrangements to attend the funeral, and t hut a uini of the fnreiroins. sinned bv the officer! of l.h association, be presented to the family. The following committee was appointed: Messrs. Thomas Allman, Alexander J. Derby shire, E. G. Cattell, S. J. Christian, and Samuel Hartianft. Thanks to the Police Forcb. Mayor Fox received the following communication this morn ing: Phii.atikt.T'HTA, Feb. 7, 1870. Daniel M. Fox, Km . Mayor of Philadelphia: I am requested to thank your Honor, on behalf of the merchants of Kighth street, be tween Market and Arch street B, for the promptitude with which the police, through your (direction, have rid our street of tne annoyances we complained of to you in the early part of January. We desire to thank the members of the force through your Honor, and to express a hope that we may not have occasion to annoy you with any more complaints during your official term. very respectfully, M. A. JONR8, Chairman of Committee. In the early part of January the merchants o Eighth street, between Market and Arch, met and appointed a committee wno waited upon the Mayor and complained of the number of profes sional beggafs and venders of shoe-lacers. oranges, and lemons who occupied the side walks, and annoyed passers-by their entreaties to purchase oi them, 'lhe Mayor notified the Lieutenant of the Sixth district to break np the nuisance complained of, which was effectually done, as will be seen from the above letter of thanks. Commendable Action op a Fire Com pany. This morning the Mayor received the following communication: Philadelphia. Feb. 6. 1670 Hon. D. M. FniRir at a stated meeting of the Northern Liberty 1 ire Oompany, No. 1. held on Tuesday evening, 1st inat., tbe following re solutions were adopted : Kimoivta. 1 cat any memDor or meiiinem or mis company engaging In a ngnt or aiatnroance lnamauailv or colleo- tiveiy, eiiuippea or uneuuippuu; wivn any otoer oompany, in going to or returning from a tire, or an alarm of tiro, tbe act Itself expels aaid member or members at onue; and it shall be the duty of the members of the company to arrest them or nave tnem arrested, nadir a penalty of five dollars, and tbe President ahull announce the fact at the next atated meeting of the oompany. Krwtr.Kt, 'mat any memoer naviug tne carriage or en- cine taken out for an alarm, coming from any box cut oil by this company, nhall be declared expelled by tbe Presi dent at the next stated meeting; and. HtMilvtit. 'that tbe aiiove resolutions be transmitted to bis Honor the Mayor of the city. joun u. ituoFF, xvesident. Attest-Samtjfl B. 8avin, Secretary. On Sati rday evening last Mr. B. Scott. Jr., closed out the largest number of lots that have ever yet been put up at any art salo in the Lnucu Dtates. ine total number In the cata logue amounted to 1350, which is only exceeded uv tue . iiuuicuEo uuiuciion oi tue late Mr. Thompson, now being sold In New York. At the Inst evening's salo more than one-third of the catalogue was put up, but Mr. Scottmanaged to bring tho sale to a satisfactory conclusioj by 11 o'cIock, and was still apparently able to con tinue for three or four hours longer if necessary. Assault and Battery and Mimckiith Mischief. Robert Coskaden went Into kiddle's tavern, at Sixteenth and South streets, last even ing, and netiaved in a very disorderly manr.er. Ho assaulted the proprietor, and then amused himself by breaking a large looking-glass. De fendant was arrested, aud alter a bearing before Alderman Dallas was held in VlOOO bail to answer. The Mem nuns of the Commercial Exchange Association, in accordance with their ancieut custom, last evening serenaded Nathan Brooke, Est., the President elect, at his residence ou Spring Garden street, near Eighteenth. The Lllierty Cornet Band discoursed most excellent music, and the addresses on the occasion were of the most felicitous character. Beat rtis Wife. Charles Fischer was ar rested at Master and Hutchinson street yester day afternoon for beating his wife. He had a hearing before Alderman ilood, and was held Lu tbaUto-wr. Aocitifnt to A FoLiORMAit Policeman Barr, of the SLxth district, while going to the sUtion honse with the relief squad this morning, slipped on the ice and fractured a leg in two places. I2QAL IWTlIHiXQIirgCDe Snpreme C'aart In Be Jadew Rved, Agnrtv, Hhnrawoori, ana Wllllnma. !hlef Justice Thompson M Mtal frlua. THE SCHOEPPE CASE. CONTIKV ATIOW OF THE ARQUMEW THIS MOllN 1MO. ' The Schoeppe case was continued in tho I'npremc JOiirt mis morning, Air. Miller con tinuing lor tho prisoner. Judge Read, bet'oro the argument was recommenced, remarked to tne counsel mat tncy una been heard at great length J esterday on what did not concern this court. The counsel must confine their rcnvirM to points included in the record. Mr. Miller then continued as loiiows: ' We had a right to presume that this hypothetical case to go to me jnry siioiiki conuin all the facta which were contained In the evidence, at least all the facts of Importance. We had no right to manu facture evidence for the Jury bv putting additional incm lu n,r iuMicni m inn-, ai ino oilier side has done. The Court, referring to a sneclni moiiicni case, said, during the hearing, that if the action of wpw poietiu mitjf lumiuini uj me present's or an- omer, may it not ue mat tne symptoms produced bv prnsHlu acid alone may tie produced by the mixed poisons oi priiPHic ucki nun morpnia? Dr. Harmon - in giving his testimony, said lie never heard of a case whero a person had been poisoned by this com pound. Ho thought only that the presence of tne one wiuiiii reiuru uie uctiiin oi mo Other, and pro long Ihc sufferings of tho patient. He suld that be thought so irum his own reusonlDg, and waa willing to testify to the fact. This same scientific expert when nuked what antidote he would have given for this combination of poisons, replied that he "would have administered iron, tw turn it Into Prussian blue. mill UILU 1 nuuiil na.c rtiiiuu fn;r U p Wll II eleCtri- ciiv." i ci mis man in caiieu a sclent lie. oYiiorr .1 his testinionyls allowed as coming from such a person Though he has no knowledge of Hclence.froni his own coiuuHHiuv, enucr irum uookh or experience, vet hln cuiuuHHitui, ciuicr irum uiiukh or OX testimony Is allowed by the court, aud it is suuuiittud to the Jury. Hero, where the verdict mvolves human lire, It is allowed, but othcrwisu a would nut be, if the case Involved ten cents. The court, I u Blvinjf the above suggestion relatinn to possible symptoms of the action of mixed poison, undertook to arirue the caso in favor of the Commonwealth, an unlieard of innovation, especially where human life depends on the result. A paper purporting to bo the will of MlBsHtennecke was produced. The witness of this will has not, beeu produced, hy either the prosecu tion or the defense, so that there was no evidence before the court that this was a genuine will, liv so oolng they in fact say to tho jury if you, from your own passions and opinions, consider this a genuine will, you may so couslder it; but if you do uot so consider It, it need not be allowed. We ask if the moral evidence has not somethlnor to do with the scientific lacW7 We ask this court to decide on the moral and scientific evidence, uot scientific evidence alone, especially where it is of such a low degree of excellence. We had to battle agalnBt different ways of prosecution. As soon as we understood that we were assailed in one way and were prepared for It, we were told that that wa3 not the scientific theory of the court. The scientific evidence rests on tbe evidence or a man who states that he has no experience in that particular direc tion. His opinion should therefore be or no weight. But tho court says tliat a skilled physician Is a competent person to express an opinion on tne action oi comoined poison. Hut this Is not wnat we suiu. ine tioctor is not a skilled physician. He hlnifecir says that lie Is not in that particular. Any one of us could have given its good an opinion. V hen tne uourt takes the theory that the life of Miss Stcunecke was prolonged by the effects or the counter-poison, morphia, on tho action of tho prussiu acid, keeping Miss Stenneckc alive for twenty-four honrs, we had a right to ask, as we did, that this evidence, to be suuinltted to the iurv. should bo supported by proof. Hut the Court did not answer us In this. They passed It over as If it was un worthy of a reply. Tho check of Miss HteunecKe for f mi, which was presented at the Carlisle Bank on the day after her death, was alleged to have been a forgery, so as to have a motive for the mur der. Tbe question arises whether this check has any relation to the cause; also, whether It showed a motive for the murder. If It was a forgery what motive did it prove? This Is a distinct, substantive otlense, not connected with the murder. They say It was a forgery, because it was dated before her death. Of course it would be dated at a time prior to her death. They allege the same thing in refer ence to the will. If the will was a forcerv he was expecting to get the whole estate, then why should he forge a check for !M)? This would suppose that Dr. 8choeppe had stultified himself, it is saying that he would prefer a trial for murder to that for forgery. But there was another motive for the allowance of this supposition. It was to poison the minds of the jury by leading them to suppose that a man wno couiu oe guilty oi one lesser crime would most iikciy De guilty 01 tne otner and greater one. the defense. Mr. C. E. Maglaughlln, District Attorney from Carlisle, opened for the Commonwealth as follows: The opposition attacks the chemical testimony mainly. The chemist was a known authority. He nad been experienced with chemistry for years, and was a nrolessor of chemistry In tha Marvlum! Iiwii. tute. lie Gsed nearly all the tests known to clienii.m.s for prusslc acid. He used the odor, the iron, and the sulpur tests. They say that he could not have had a true test because he used sulphuric acid, and they say that he could with this acid have obtained traces or prussis acid from the natural saliva which was In the stomach. To get these traces the saliva would have to have been present In such quantities that Its presence could not possibly have been overlooked and noted by the experimenter. They say that she coma nave uieu irom isrignt s disease. The symp toms of this disease are liitht thin blood and cold. We proved that the body was warm and that the blood was thick and dark red. There was not only this one opinion or a medical man. Four physicians testified that they found traces of both morphia and prussic acid. These physicians gave their unanimous opinion that thlB woman did nut die from natural causes, but from the cambined effects of morphia aud prussic acid. The opposing counsel charge us with not naving usea an tne symptoms in the hypothetical ease. On the testimony of the Philadelphia College of Physicians and other authorities which they in clude in their printed book, mention Is made of the strongest symptom or the administration or prussic acid which we have used lu the hypothetical case. and which they do not even notice. They say that doathmay have been produced by apoplexy. But apoplexy may oe proven after death. There were no signs or apoplexy on the examination but the slight softening or the brain, If she had died from this cause there would ccrtainiv have been a clot of blood on the brain. If there Is any doubt ot the scientific testimony, the jury must oe auoweu to iukc an tun im.ia oi uie case into con sideration to prove the corpus delicti. It this were not so. we would have a protection ror riolHnnnru Here we have the case or a man who knows all the properties or the drugs which he handled, and knew exactly the minimum amount of poison which would leave the least traces. Our testimony proves that Schwppe had purchased poison on a certain day. On tne next uay, auouL iu ociock, he was alone with Miss Htennecke In her room. About 19 o'clock he was again alone with her. Miss Stennieke called for the chambermaid.to bring her a spoon. Dr. Hchoeppo receives the spoon and does uot allow the chambermaid to enter the room About 3 o'clock in the afternoon she was seized until a violent tit of vomiting. On that night the cciimin of the moon took place. If Dr. Schoeppe had been the scientific man they say he waa, he would have been employed with this phenomenon, unless he had BuiuetuiuK ui mure importance to attend to. At tuai time no was nfrniu uione witn .iii8S7tenncke In ner room, ami at auout twenty minutes after eight o'clock he was seen running down the hotel stairs, tin the next day, wheu he was told tint .mini ' RtciuitTcau won iukcu hick, lift . goes arounu me room smelling tue bottles and saying, "1 wonder If she could have taken anything " His conduct oefore, and also after the death o?,',i funeral, was very peculiar, as may be seen from th evidence. It has been said that we attempted to prove the will a forgery. We tried to protect the inry irom tue Huppimtiou mai it was a false will. 1 ne motive waa uiucu stronger u tne win was genu ine. The Judge distinctly cnargeu the jury mat there was noevidence to prove tho will a forgery. Attorney-General F. Carroll Brewster, con tinuing for the Commonwealth, said: It has been charged that the medical testimony is faulty, from the fact that the examination did not include Uie silver test, and that the distillate was of no value, from the tact of sulphuric add being used. It would seem from the opinions of Judges tlutt both of these faults could be laid aside. Tbe other side, In speaking or the qualifications or the Investigator, In fact say, "Exclude this man from testimony on prusaio acid, hut nihriui him n evprvl.lili,.. ..iu. He is a fool on that subject, but on nothing else.''' 1 be i authorities which I have quoted In full and copieu, aim which will be presented to your Honors, contain medical testimony In sup port of our argument. One says that prussic acid is contained In such small quantities in saliva, that the quantity present in the stomach of jnio. ovcuuvv- wuuia give no trace on testing. Dr. Conrad made the pont-morUra examination. He is a gentleman of the highest medical authority. He dissected the body of this unfortunate woman almost from head to toe, and be testifies that he Jvufid no. Mtund cause oi ueatn, The testuuenj of the chambermaid, If read bv an nnprcjiidicBd mind, gives a Ktrong Impression of a person dying fi inn narcotic poison. The tosllmony or Dr. Conrad gives the appearanco of a man hunting through the body for some caiu on which he corHd hang any plea of death from another cause. First he n.irs it may have been from the kidneys, or If not that, tt may have been apop'cxy, or If not apoplexy, a soft ening of the brain. When Dr. Hchoeppo Is told of the Illness of Miss Btennecke ne proscribes no re-nedy. There is no one to prove that he wrote a prescription, no apothecacary who made It. up, no messenger who cairled It. When it entered his mind thnt Miss Ktinnecke had received poison, why did he not immediately prescrihe an ftutidil)7 lie rushes to the bottles, and himself suggests that she linn taken ptiison. Alter exainiuing the bottles no rnlil that be wanted his stethoscope. If he wanted this ror a scientific purpose ho must have supposed that the disease was in the lungs or heart, for that Is ii n Instrument to observe the aotlon of those orians only. There were no symptoms of any such complaint, and no traces of such on the post mortem, w iicn toiu aner tne burial that nn nan better have the body exhumed and examined for thn protection of his own practice, he uses a remarkable expression. He says: "The medlnlne which she may have taken will have been aimorbnd long before this." It Is well known that those who kill by poison In the present day do not ose the old-fashlone1 arsenic, but other poisons which will aiisorb quiukly and leave no traces. . He purchased at one time one ounce or prussic aeii, and fimr days previous to Miss Htennecke's death ne returned it, saying tt was uot good, and purchased another ounce. What could he want with such a quantity or tho acid? Apothecaries who make up twelvo hundred prescriptions a year only use atioul two ounces in tnat time. Ad jse for me dicinal purposes Is not more than two drops of the acid to one hundred drops of water, and only a small quantity of this mixture Is given at any one time, so deadly Is the poison, it a line or word in the record shows that this mau has not had a fair trial I Join hands with the opposite side in asking that a new trial be granted, but If not, as an Instrument or the law, we most earnestly ask tha-. you amrm the Judgment. H. Heliion. Jr., concluding for the prisoner, said tnat they bad no fear of the case, if they could hare a hearing in the cate herore a jury In the proper wsy. we say in tnis case mat tue court oelow over loaded us. They gave us two questions, and sub mitted them to the jury, where the court Itself should have decided between them Tor the jury. We navo strong meoicai authority to snow that the pre sence or a small amount of saliva in the stomach would have given the slight trace of prusslu acid which was found. The post mortem amounts to nothing by the positive evidence of two relluble physicians. And It was made privately and paid lor privately in nammore. it is uot carp ing on our part to say that the judge should not have allowed the evidence of the doctor who himself said that he knew nothing about the action or prussic acid as a poison. It had been said that we will find all fairness in tne proceedings or tne court, 'more w only one statement In tho recital or which tho pri soner could take any advantage, ami this one clause is contradicted in tne next sentences. In this ease every witness who gave an opinion was treated as an expert, wen Air, rarxer, wno nui not attempt to claim that cnaracter, was treated as an expert. She Is the only person who testifies that the symp toms were those or morphia. The medical expert said mat tne symptoms were unknown to nim. A late French chemical authority, who is known as the highest authority on tho subject or poisons, says tnat tne presence or morphia can always ne discov ered arter death. One case is cited where It was dis covered arter the body hud been buried tor fourteen months, and arter pun ef action had long set in. Miss Comfort, the chambermaid, said, in her testimony, that the iiony was sngntiy wet witn perspiration They contended that this was a sign of the presence or morphia. The jmige, tn charging me jury used the very words that "the clothing was wet with perspiration." whereas the testimony only show s that the bodv was moist. in leaving to the jury tne question wnetner ine was lengthened out bv the actiouof one poison upon another, a point Is Biven them which no man can decide without experiment. We were entitled to a Clear answer to an tne points wnie.n wo gave tne court, but tho answers were cot to the point. They drew aside the attention of the jury on minor and side issues. The facts of tho case are not to be heard here. This Is not a motion for a new trial ; it is a request for the charging of errors of the lower court, ir this new nesting ts not granted tne man's life Is lost. But if even a technical error is in the proceedluus of the case, we ask this Court to take advantage of it. We never tried to raise an outside mterlerence, as has been charged. At the conclusion or tne argument tne court ad journed. Court fiOyer and Terminer Judges Ludlow ana raxssa, In the case or the young sailor, Charles Smith, who was tried ror the murder or Peter verneiicr, alleged to have been committed on tho mailt ot October 2.'th last, the witnesses called by tho Commonwealth railed to suDnort tneir caBe. some ueuiit uiiaou; to Identify the deceased as the person with whom the prisoner had a slight difficulty In McClnskcy's tavern others swearinc that the deceased was very drunk and disorderly and still otners tnat tne stains seen upon Smith were not blood, as alleged. Under tnese circumstances, me District, Attorney uiii uut feel that he could conscientiously press lor a convic tion, and therefore submitted the case umiertne charge of the court. A verdict of -not guilty was rendered. The case of the other prisoner, William Cox. beimr exnctlv similar to that of Smith, It was submitted without evidence, and a verdict of not cuiltv was returned. The young men were re turned to prison, whence they will be taken back' their vessel, tha Tallanoosa. Owing to a mistake in the direction of subpoenas issued yesterday, there was no business before the Court to-day, except the case of a young man who Indicted for assault and battery In striking another for using abusive language to nis ratner. F. A. Breav. Jr.. representing the prisoner, ex. plained to his Honor the provocation that led to the Klr eml tliiil thn vnnnii man hint 111 VAVI hnrnft 11T1 excellent character, so that the Court Imposed a mere nominal sentence, wnicn eiiectea ins imme diate release. District Court, No. 2-Judse ITnre. Joseph Hhuman vs. Michael Cahlll. An action to recover upon three checks. The detenso denied the genuineness of the signatures of two of them and pleaded payment of tue tiara, un triai. NIsl PrluH-ChleT Justice Thompson. John Perm Ttrnek vs. The Phoenix Iron Company, An action to recover damages for an alleged breach of contract to mine a certain annual quantity of ore and to pay a specified rental therefrom, on tnai, V. H. Dltttrlct Conrt-JudueCndwalader. The usual Wednesday bankruptcy business en gaged tne court to-day. , "ITT KDDINO INVITATIONS VV KNGKAVKC IN TUB NEWEST AND BKST UAMULR, tOUIS DRRKA, Htationer and Knirrarar. No. 1U33 UHKSNUf Stroot, TtTEDDlNG AND ENGAGEMENT RING8. VV of solid IB karat Una void. QUALITY WAR RANTED. foil assortment of sires always on nana. hAKii a HKUinaa. mailers. S 94wfme No. U OliKSNUT Street, below Konrt h FIRE AND BURQLAR PROOF SAHg R M L. FAHItEL, HERRING & CO. . HAVE REMOVED FROM Xo. G'29 CMESHIJT Street TO No. or CIIlSTVUT St., PHILADELPHIA. Fire and Burglar-Proof Safes' (WITH DBY FILLING.) B ERRING, FARREL A SHERMAN, New York. HERRING & CO., Chicago. ' BERKING, FARREL ft CO., New Orleans. 2 Of f CUTLERY, ETO. jODGERS & WOSTENIIOLM'S POCKET KNIVES, Pearl sod Bt bandloa, and beautiful flniab s Itodgcrs', and Wade 4 Butcher's Razors, and the oela bratod Leooultrs Razor; Ladios' Scissors, in cases, of the finest qnaiitf ; Rodgers Table Cutlery, Can era and Forks, Razor Strops, Cork Screws, Eto. Ear instruments, to M&ist Uie bearing, of the moat approved construction, at - , ' . . P. MADEIRA'S, 1 jo Ne. 116 TENTH Street, below Cbesnnt j" 1J I I Y S, ' NINTH AND SANS 031 STREETS. Tbe nnderlg-ned takes pleasure in informing hi nume rous friends, aad tbe publlo centrally, that he Is onoe more to be found at his old establishment, and trusts a eontinuaooeof their former patronage. The past char acter of the house will be sufficient fnaraotee for the future. 1 U Rfadai JAMXJi BU UEDD V, THIRD EDIT10NI1IFTII EDITION The New Iteign of Terror Continued IuotiDg and Disorder Erection of Additional Barricades The Revolution Spreading. ' ot a q xx i.rc a t o rj. Increaie of Revenue Assessment! A Change in the Income Tax Proposed Military Order. 1 FltOM EUROPE. Frrajli Dlnorrtcrn In Pari. By the Anijlo-Amtrican CaMi 1 1'AitiH, Feb. 98 A. M. Disorders broke ont again at llellevlllo and In tho Rue du Kauboorfr ilu; Tem ple at midnight. Several additional barricades havo been erected In narrow streets. Troops are atill tn the neighborhood of Uie scene, but up to this hour have not fired on the rioters. true police are active aud there are rumors of killed and wounded In the Doulcvard Montmartre, running from the Rue Montmartre to Rue Riche lieu, the police having made several charges on the position of the rioters there. This point Is fully a mile and a half distant from tho scene of tho distur bances yesterday. Many additional arrest have been made. Gimtave Flourens, the leader of the disturbances, is still at large, though the authorities are making every ef fort to arrcbt him. Nhlp Nvs). Southampton, Feb . The steamship Wcser.from lurK, nrrivou ibhv eveum-. Tbla Afternoon's Oiiolatloua. Lonpon. Feb. 0 sue P.' M Consols for monev. 92 .. American securities quiet. Blocks quiet. Erie, KO: Illinois Central. 108. j.ivsKi'oou rci. u i r. ai. uotton a saaue nrmcr and the sales are now estimated at 12,ow balei. liai on, dtp. : juara, 7 is. I'AKifl, ren. a. ai rne Honrse opened dull: Rentes. 7UJ. uoc, and closed dull. M. '22c I lUMiuni) i:ih ff, iiuuun vyuuuu ill ill uiuiill. I ......... ,. . I.V . I. lb TJ I .. . . .1 .( .. 1 chiuifteii. AKTwamr, Feb. 0. Petroleum opened flat at 68f. IS!23.C. IIavhk, eo. v. u nc uoiion market openea q&ict. FROM WASIlIJfaTOJr. One Hundred per Cent. Increase la Revenue AHMfMIIIIICUIM. Special Denpatch to The Evtniiuj Telegraph. WAKniNOTON. Fob. 0 Supervisor Marr renorts l nut, uie assusinienis lor tne uisirici or Knnsax da- rlni? January, IbUO, show an increase of lou per cenu over ine same muuui ui ibov. Duiunslna to Kerosene. A ceneral order promnlcated from the War Do. nuitment niovides that hereafter no volatile oils will tie Issued or nsed for Illuminating purposes at military poets, and all varieties (if coal oils will be rcuanled as volatile. In irenenl, lar 1 oil will bu supplied for Issues of on authorized for necessary liiuuiiuauuu ui luiiuuij! uuta. The Income Tax. At a mcetlhgof the Ways and Means Committee to-ilay a proposition was submitted to nmeud the infernal tteveuue law so as to mane inn Income tax three per cent, hereafter, Instead of live, and ta exempt two thousand dollars. It was laid over for future consiuerat n. Objection to Judge FUron. There la a cood deal of imposition develonlnir in the Mvnate to tho continuation of Strong and Urmlly as Associate-justices oi me supreme tjouru lie. publicans say that Strops s record la too uncertain. and that he is too conservative. Southern Senators oppose Rradley because they want a man from their own section. I.lne aud Ntall. The House Committee ou aval Affairs, at a meet- lug last nlpht, agreed to icport lit favor of the posi tive ri'.nk for staff ofllcers of the navy, Instead of relative or assimilated ranx. Indian Allaire. The Senate Committee on Indian Afl'alrs has agreed to report favorably on a resolution of tbe House for the creation or a joint committee of tue two houses on Indian Affairs. The resolution passed the House last spring, bat has uot beeu acted on by tne senate. 1 be Georgia Question. Despatch to The Evening Telegraph, Washikoton. Feb 9. The Senate Committee on the Judiciary to-day heard fifteen Georirlans, who are nere as ueiegaius. me conservatives took the trround that tue present lesisiature is UleeallVcon- stituted, owing to the admission of minority candi dates, and argued lu favor of a reorganization of that body, uovernor jjuiiock ana otners, on the Renublican side, spoke briefly in opposition. Senators uarpeoter, xwimumin, am uoukiiiic re membered thatata former hearing Uovernor Bullock said tbe expulsion of negroes and the seating of minority candidates In their stead was sheer usur pation. ' .... , . . n.,....i. t . . Tuo committee win uu onuiruay (rivo uovernor Bullock an opportunity to explain ins apparently COliirau'Clory position. The Judiciary t:ommnice oi tne senate was directed to inquire into tho facts as to tbe reorgaui nation of tne ueorgia legislature. The Funding mil. The fundlnir bill has been made the special order for Tuesday next in tne senate. Neutrality of the United (States. Tmrinir the mornlnir hour in the Senate to-dnr. Mr. Morton made a speech upon the neutral relations of the United States. The Covode Kleetlon Cane. Covode's case is up this morning, and Democrats are hammering away at nun, Tney askoo lor addi tional lime and it was granted. Tiie vote win pro bably be taken at o ciock. it is sam mat i.enerm Foster, Covode's contestant, Is on his way here, and the Democrats are talking Bgalust time, to allow bltu a chance to get nere aim maae a speeciu CON Git KNS. FOKTY-FIILST SESHION-HECONO TEIOI. Rennte. WAsniKf.TON, Feb. 9. Resolutions were offered .ii.i rnrwini in its follows: By Mr. l'onieroy, requesting the President, If not incompatible with the publlo Interests, to communi cate anv information ne may nave umuumg uw ac tion of any of the departments relating to a claim of the Central Branch of tne union 1'acnic Railroad Company to receive lands and bonds of the Uulted Ntfttm in aid of the construction of their road: also. any recommendations ho may see lit to make In the By'jdr? Ferry, directing the Attoraey-Goneral to transmit information relative to the claim of the Postmaster in Augusta, Ueorglo, for salary, and . nnininn iflveH or nim ou tne subiect. Aim whether he had been informed that said Postmaster was disqualified vj participatiou iu tue Kebulilon from holding such office. By Mr. Ferry, directing the JaHcf;iry Committor to inquire and report whether the Legislature of uenrirla has ocen reorganized in accordance witn the provisions of the act passed at the present ses sion to promote the reconstruction of that State, and whether there have beeu any violations of said net . Mr. Morton proceeded to address the Senate upon the bill making It a mlsilemuanor to fit out or equip ships of war, or to sell or furnish arms or munitions of war with the Intent that they shall be employed In the service of any foreign prince or State to commit hostilities against the people of the province, dis trict, or coiouy wno are m a state oi armeu insurrec tion against such foreign priuce or State, and pro viding for the forfeiture of such ship or vessel. Mr. Morton took strong grounds in favor of the nromot acknowledgment of the belligerency of tha Cuban patriots ; believing that their form of govern ment and the duration of the war waged In that Island justified uie interposition oi tne United States ior tne reiiei oi iuuu. House. Mr. Ttufflnirton nresenteu the resolution a nr ih. Commonwealth of Massachusetts for the abolition of the duties on foreign coal. The House then resumed the consideration of the Foster-Covode contested election case from Perm sylvanla. Mr. Randall continued bis sj-gvinsut In support of TIIE LATEST HEWS. FROM WASHINGTON. Hon. John Covotle Win the Chnffreasloaal Hent anil la mvorn la. S)eial Denpatek to The Kveninq Telttjraph. WABniHGTOH, Feb. 93 15 P. M. The Hons) by a strict party vote has awarded tuo seat to Hon. John Covode, from the Twenty-first Penn sylvania district, and Mr. Covode. has been sworn In. The voto was 123 for Covode and 50 for Foster. The Fenian Itrnolntionn. The Fenian resolutions will come nn m soon Covode's case la Dalslied. Fernando Wood has the floor, and will tnako a bitter attack upon the admin istration for allowing Amedcan citizens to be Incar cerated In British prisons. Kvery member of the ' Foreign Affairs Committee will speak ou tne resolu- , ; tions. Tbe only member vo'.lng agaiuel theut was -Wlllurd, of Vermont. The Nitvnl Appropriation Tllll. Tho Appropriation committee has gone to work on the Navul Appropriation bill. They will cut it down several millions irom estimates, as they have done , ill other departments. FROM TJlJIi STATE. Held Attempt at Ilnnk Robbery Arretit of the I writ i ii re. KptclaX Denpateh to The Evening Telegraph. Wii.kkhhakm, Feb. 9. On Monday night a despe- ' rate attempt was made to rob the banking honsnof 8. V. Rockafellow A Co., of this place They bad ; almost succeeded In drilling through the vault door when they evidently became alarmed ami aban doned the Job, leaving a choice lot of tools, hand cuffs, gags, gunpowder, etc. Four men suspected or being tne imrgiars were traced to I.ch'gliton and arrested yesterday, not, however, until they had threatened to shoot the officers. All were well armed. Two or them at tempted to swim the river, but gave It up, and all are now lu Jail iu this city. ; rO'XSYLYAM A ' LEGISLATURE. Nenale. iijiiiniiiinit. iDi, v, ii, ju-unicj 111 1 1 UI I II i XT 1 1 It bill that In all beiirliigs, Investigations, and prelimi nary examinations oeiore a.iuuge, mayor, or justice or the Peace, lu which any persons are charged with commlKSion of crime, the persons so charged shall, u iney nesire or request, ne represented ev their counsel, who shall have tight to cross-examine wit nesses produced against tho accused, and have personal Inspection ot all writings ; and every person who shall be taken into enstodv for the alleeed com mission ot crime shall, within three hours, have a hearing oeiore a Justice or tuo Peace or other per son authorized residing nearest the place where tbe accused parties shall be confined. If such Justice of the Peace cannot be found, tho next Justice of ' the Peace shall have the whole hearing, provided tnis section snail not apply lu arrests made between ' 10 P. M. and 7 A. M. Iloiine. The following bills were reported : House bill authorizing lessors to make coranlalnt . In landlord and tenant cases before one Alderman instead of two. Negatively. House bill providing that parties who submit their cases to arbitration shall be held to have waived he right of trial by Jury. Negatively. House Din prohibiting interested persons from testifying in cases where the opposing party la dead. ' ' Negatively. tienate bin authorizing unsbana ana wire to testify . In divorce eases. Atllrmatively. House bill to prevent gambling and lotteries. A lengthy bill, one of the main points of which is that ; any parties losing money i-f either of the above . practices, may recover the amount with Interest by ' proceedings within six years. Afllrinatively. 1 The House mil providing tnat mechanics, jonrner- . men, tradesmen, and laborers forming associations -under the general act of lhtitf shall not lie liable to ' arrest, one, or imprisonment by reason of snob. ' membership negatively. ' The House bin authorizing the City Sewerage and Fertilization Company to make coutracta to clean ' the streets of Philadelphia affirmatively. 'ine senate run authorising the Wharton M. K. Church to remove their dead affirmatively. The Senate bill vacating Long Laae, between Car penter and Christian streets. Tiie House bill vacating (Stanley lane In Twenty- -eighth ward from Rdge avenue to Twenty-nlntn , Street. The Senate bill extending the Jurisdiction of alder- ' men to tsoo suits as reported negatively. The House bill authorizing the dedication of Dia- mond street, from Broad to Thirty-third, lor public use on conditions that no railroad nor tracks shall ' ever be laid thereon, atllrmatively. The House bill releasing a certain escheated estate to the Gloria Del Church, affirmatively. The House bill Incorporating the West Chester and ' Phtenixvllle hailroud. The House bill Incorporating the Girnrd Mercan tile Company, the Miucua Library Company, the Farmers' Mutual Insurance Company, aillrmatively. The Senate bill authoiizlng the Thirteenth and 4 Fifteenth Streets Railway Company to extend a branch on Locust street. Affirmatively, by Mr. , Cloud. The House bills Incorporating the Board of Offl- ' cers of "Ours." Authorizing the Ridge Avenue Railway to lease ; their road. Consolidating the townships of Byberry and More land into one district for poor purposes. The House bill Increasing the number of Aldermen . of Philadelphia wus referred to a committee of the . Philadelphia members, on motion of Mr. Bunn. Hlf.IJS IKTK0tU('K0. Mr. Darlington, appropriating $5000 for the Eastern experimental farm lu Chester county. Mr. Leonard, requiring all prothonntarlea and clerks of courts to keep a docket on which they shall 1 enter all costs of ofllcers, witness and attorney fees, which docket shall always be open for Inspection. , Air. Johnson, Incorporating tho Rltteiihouse Col lege. Also incorporating the Nautical College. : Also authorizing aldermen to demand all costs before glvlug a transcript of appeal. Mr. Adalre, authorizing the Auditor-General to ' examine the claim of M. C. Campbell for one thou-' sand and eight dollars for damages sustained from troops In 1&C2. Also Incorporating the Delaware Stone and Land Company. Also divorcing John Cahlll. Mr. Comly, Incorporating the Frank ford and' Bolmesburg Passenger lfallway Steam Road, from , the toll-gate at Holmesburg to Frank ford. Mr. Davis, exempting the Northern Home for' Friendless Children from the collateral Inheritance tax on certain bequests. FROM NEW ENGLAND. EfTeets of the Htorin. COKceRn, Feb. 9. There is a foot of snow reported at Lancaster. There is about eight tuclies here aud Is drilling The thermometer la at iii. Nblp News. ' Boston, Feb. 9. Arrived Steamer Siberia, from Liverpool. Baltimore Produce market. Baltimore, Feb. 9 Cotton dull and nominal at 24 V" Flour fairly aettve, and market slightly favors buyers; Howard Street superfine, $4tiu,(a; do. extra, 5-iavi6; do. family, City Mills, superfine, 4-7t-tW6; do. extra, $.V60;C-vW; do. family, ts-oucae-vn; Western superfine, $4tWV45;' do. extra, do. family, $8 Hi4a-7o. Wheat ' dull; Pennsylvania red, Corn dull; white, 95 &; yellow, 82c. Oats, 3(1,670. Rye dull and nominal. Mess Pork weak at 27fKK98. - Bacon quiet; rib sides, l&ia iec.; clear da, lOxiauc shoulders, 12.'4(il8e.; hams, 19;i)20c. Lard dull at 16ic. Whisky llriu and lu fair demand at 9bc New York Produce Market. Nkw York, Feb. . Cotton dull; sales SoObalea miildllDg uplands at itoVc. Flour State and Western dull, In buyers' favor; Southern dull. Wheat dull, but without decided change; No. 1 spring, Ifaavr.dei livered; winter red Western, Slt-tai-tH. Cora dull and drooping; new mixed Western. 69c. new yellow Southern and Jersey, 9Ss9c. Oatst a shade firmer. Beef quiet. Pork tinner at $26-lf Lard quiet; steam rendered, in tierces. ltKaifjajti. Whisky quiet at 98X0. U1I1I AND PAttT A; LVVI TATIOXS ENGRAVED IN THE LATEST STYLE WALLETS, GOLD PENS, WK1T1NU DUSKS, KNIVES, CARD CASUS, FOU03,:TC. T. LINERD, BTATIONFR AND CARD KNGRAVRR, No. 921 BP11IHO GA11DEN STREET, 8 17 warn . PHIL4DKLPHI PERSONAL. HEIRS AT LAW OF OLIVER JOHNSTON or JOHNSON, late of Now York, wanted. He had brother Arthur and a sister Kliaa. wife of James Koott. residing- in PliiiadHliihia. Apply to J. XOWWhllKNU, Uwyer,No. 12 FULTON Street, .S. Y. !! TET GOODS, NEWEST STYLTia piYflN'fl V fi.u&uwTugirat. - ana J
Significant historical Pennsylvania newspapers