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PHILADELPHIA, MONDAY, FEBRUARY 14, 1870.
DOUBLE SHEET TIIUKK CENTS.
VOL. XIII. NO. 38.
FIRST EDITION
O E C I 3 13 I.
THE END OF THE ROW CONTEST.
The Supreme Court Sustains the Re
publican Contestants Judges
Thompson and Sharswood
Dissent The Majority
Opinion in Full.
In the matter of the appeals of Shcppard,
Barter, and others from the decree of the Court
f Common Pleas ousting them from the offices
to which they claimed to have been elected la
October, 1808, Judge Agncw this morning an
noanced the opinion of a majority of the Court,
cleniiestm- the exceptions taken by the appel
lant and affirming the decree of the court
tt.i. Airnan. dellveriuir an opinion in which
.Indira Sharswood concurred. The titles of the
cases are as follows:
Furnian Sheppard vs. Samuel Hell et si. Certiorari
to the Court of tjaarter Sessions of Philadelphia
Ci)avld P. Weaver vs. Samuel Bell et al. Certiorari
to the Court of Common Pleas of Philadelphia
albert W. Fletcher vs. Samuel Bell et al. Certio-
. . . . ...... . .if l ... m ii i 1 1 1 ii u u nf Thi laIn nhl n
fOf 1 tO IIIW VyUUL . V VVIL.H." w . w m. . ... .....
county.
(orge Get, vs. Samncl Bell et si. Certiorari to
the Court of Common Picas 01 r .-inipiua raumj.
Thomas j. -larger vs. -rv
to the Court or -joiuiaou .lumunuiii
j.fhnM. Mclloy vs. Samuel Bell et al. Certiorari
to the Court of Common l'leas 01 rnuaacipnia
connty. , nn-,.
Ul JMUn ur " "
. .nmr .T Thi are imnortant cases. They are
wiiiWi imntroversles. to be met In a spirit of can
did innntrv. The contest of an election Is a remedy
did Inquiry. The contest
olven to the people, by petition, ior reuresa wnon
their suffrages have been tliwarted by fraud or mis
take. Toe constituted tribunal Is the Court of Com
mon Pleas, or the Court of Quarter Sessions, as the
CBy the'acts of July 8, 1839, and February 8, ISM,'
the Court is to "proceed upon the metiu of the com-
Dlalnt, and determine jinauy cuuiurmuK me name,
according to the laws of this Commonwealth." No
bill of exceptions Is Riven to its decisions, nor ap
peal allowed, and Its decisions are final. Conse
quently the Supreme Court has no Jurisdiction over
The attempt to press into service the act of 1667,
as giving an appeal, lacked the earnestness of con
viction, and needs no refutation. It gives no ap
peal, while the appi-al given on the receiver's con
sent excludes the presumption that any other appeal
was Intended.
The duality of the acts of 1839 and 4854 remains,
anil there Is no implication of an appeal, for there
is no incongruity in this respect. It is only in case
of a strong repugnancy that a former law is repealed
tiy a subsequent act. Street vs. Commonwealth, 6
W. 88, 209; Bank vs. Commonwealth, 10 Ban., 449;
Jirown vs. Commonwealth, 9 Helna, 423.
Why then have the merits been so strongly urged?
Why have the cases been termed appeals, and the
parties appellants and appellees ? Nothing but con
tusion can flow frem these designations. The cer
tiorari is a well-known writ, bringing up the record
only. The parties are plalutiil's and defendants in
error, and not appellants and appellees. The argu
ment on the facta was therefore outside of the re
cord. ... , , .. .
That the merits doiohr -eiuiMYiy w mo court
below and caunotbe revlewed;here,l8 a settled ques
tion Carpenter's case, 2 Harris, 436. The court
there granted the certiorari, Gibson, C. J., saying
that "having no appellate Jurisdiction, It could not
be respectful or proper to express an extra judicial
opinion on the regularity of the proceedings.
In like manner this Court quashed the certiorari in
Ewing vs. Villey, 7 Wright, S84. "Our duty (said
Lowrle, C. J.) is a very restricted one ; for, as Is ad
mitted, we cannot retry the case on the evidence,
but can only consider whether It was tried before
.jonipctent authority and in proper form." What
the certiorari brings up Is equally clear. This Is very
plainly stated by Woodward, J., in Chase vs. Miller,
6 Wright, 412-13, a contested election case.
After explaining our general power of review, he
says: "But this statement is to be received with a
very' Important qualification that the errors to be
reviewed shall appear on the record. This is neces
sary to all appellate Jurisdiction where cases come
up by writs of error or certiorari. The only
mode provided by law for bringing evidence
or the opinion of an Inferior court upon
what is technically called the record Is by
a bill of exceptions, sealed and certified
bv the judges, and as bills of exception are not
A allowed in the Quarter Sessions, no question which
thvldence in that court can be cot un
Into this court. Hence, while certiorari lies to the
proceedings of the Quarter Sessions in road cases. In
pauper cases, in contested election cases, and In
other statutory causes committed to the Jurisdiction
of that court, the writ brings np nothing but
what spin ara on the record, without a bill of
exceptions." That neither the testimony nor
the opinion of the court is brought with the
rwi nnl hv a certiorari, has been reiterated over and
over again. I refer to a few of the recent cases to
show that we have not departed from the doctrine
nf'niir nredeeessors: Commonwealth vs. Ourley, it
Wriotht. sua. Indictment, oer Thompson. J. : Church
street, 4 P.P. Smith, 863. Road case, per Thomp
son, J.; Oakland R. W. vs. Kernan, S P. F. Smith,
198. Justice and Jury on Sheriff's 6ale, per Wood
ward C. J.; fiunsei ureen vs. raiment, r. tr.
Smith. Pauper case, per strong, j. in rennsyl
vaula Railroad vs. German Lutheran Congrega
tion, 8 P. P. Smith, 443, a strong effort was
made to get before us the merits of a view and
miKeRHmeiit bv a railroad Jury, and the subject was
again examined elaborately, and the same conclu
sion reached. The strenuous effort to Induce us to
review the testimony, calculations, and opinion of
the Court in these cases was therefore contrary to
the settled law of the writ of certiorari.
This excludes from our consideration the report of
the examiner, all the calculations, and all the court
iiid. either by striking out or purging polls. They
are not in the record, and all assignments of error
forwarded on them fall.
. Putting aside, then, these lures to error, the re
maining assignments rosy be treated under three
heads: those affecting jurisdiction, those relsting to
the procedure of the court, and those relating to the
frame of the complaint. This concerns the city oill
cersonly. The ai t of 18M requires that "at least
two of the complainants 8 hull take and subscribe an
oath or attlrmutlou that the facts set forth In such
I'omnlaint are true." The oath to the petltlous reads
'that the facts are true, to the bent of their knowledge
and belief." This addition, It is asserted, opens the
strength of the oath that the law requires the abso
lute truth of the facts to be sworn to, and not the
best knowledge and beilef of the ufllaots. Does the
law mean absolute verity t This Is the question.
The Intention of the law given must be discovered
not only from the words, but from ilie object of the
law, the special purpose of the o:iMi, the nature of
its subject, aud the character and juindiotlou of the
tribunal. The object ot the law is ut give the people
u remedy. It is their appeal from the Election Board
to the Court from an undue election or a false re
turn. The law Is, therefore, remedial, and to be
construed to advance the remedy. The special pur
pose of the oath la to Initiate this remedy to give it
th imnrt s of good talth and probable cause. The
proof of the facts must follow, not precede the com
plaint. It Is contrary to our sense of justice and to
nil uniilOQ V to say that a remedy shall not beurin till
the case has been full proved. The law being reme
dial and the oath Initial only, It Is not to bo suppose!
the Legislature, representing the people, Intended to
subject the remedy to unreasouablu or impossible
.mwlit.lnnlL.
The remedv would be worthless and the LeirMa-
ture stultllled. Correct Interpretation will ghow tuts
result. This brings us to the subject of the oath. In
a. i'it v of boo.000 Inhabitants, embracing a surface of
many square miles, no two nor two hundred men
ma be invested with the ubiquity and the oinulsience
to see and to know all the facts in every precinct
nAMaK&rv to contest the poll of a single ward. h.
sides there are essential facts they cannot know per
sonally.. THey cannot pry Into the ballot. They
may believe or may be credibly Informed, that
one hundred and fifty-three unqualified persons
u..tit a. certain ticket, but, they canuot know
i. .r. tltla knowledge! la essential to the
contest. Their knowledge, to be personal, must be
as ubiquitous as the fraud and as thorough as the
whole number of voters, their residences, qualiflca
w.... .mi tuiiiots. and comprehend all the unlawful
sets of ever; election board, la this Instance l'jo.oot
votes were polled to 266 precinct. Now It Is simply
Impossible that two, nay, all the filty petitioners
cm kl personally know the facta of necessary to con
test tne poll of the entire city. The Legislature
did not mean this vain thing. U twn in
tendil oK'uid impouibil. I ni" ' ros
tra nOJubet frwttra I Is the duty of
Court to construe a statute, if possible, ut re mnrtin
talent qumm. lluber vs. Rellly, 8 P. F. Smith, Urt,
117. These principles have been stated with much
force, and with a reference to the highest authority,
In Schuylkill Navigation Company vs. Loose, 7 JJar
Nsi, 19. The case comes then right to this point.
The oath must be made from credible information,
or not at ail. In the poll of such a city tho affiant
cannot swear to more than to the best of his know
ledge and belief. It would be an Imputation on the
frainers of the law to think otherwise. The argu
ment that no Indictment would lie for perjury upon
this form of oath Is fallacious. If the act means an
oath is this form, then the oath In that form is an
oath authorised by law, and an indictment for Its
corrupt and artful breach will lie.
We must consider also the tribunal to hesr and
decide on the petition. It is a high constitutional
court, competent to decide on its own Jurisdiction.
Its jurisdiction being exclusive and final, it necessa
rily decides it for itself. There was no omission of
anything to confer Jurisdiction. Tho petition came
from the requisite number of qualified voters, was
presented In due time, and its truth was sworn to by
two of their number. The court having a rightful
and general Jurisdiction over the subject of the peti
tion, assumed It, heard the proofs, and found the
facts alleged to be actually true, and set aside tho
return as false.
Now, after a decision on the merits which have
been established on sufficient evidence, can we oust
the jurisdiction for an alleged error In the Interpre
tation given to the language of the oath 1 This
would be dangerous ground to take. The law does
not prescribe the form of the oath. It certainly was
for the Court in Judging of Its own jurisdiction to
Interpret the words of the affidavit. It did so ; heard
the case; found the facts to be true; and decided
on the merits. See Carpenter's case vs. Harris, 480.
Overseers of Tioga vs. Overseers of Lawrence, 2
Watts, 43. PlunkelH Creek Township vs. Fallllcld
Township, 8 P. F. Smith, 209.
The question as to the power of the City Recorder
to administer the oath stands on the snmo footing.
It ras a question which the Court below necessarily
decided for llBelf. There was an oath actually taken
and certiiled. Tne officer certifying It has power to
administer oaths. Ills commission was conferred
by the Governor, by and with the consent of the
Senate, for a term of ten years and during good be
havior. Ills character is also Judicially recognised
as magisterial. Rhodes vs. Commonwealth, 8 Har
ris, 277. By the act of 1817 he has authority to tuke
the proof of deeds and other writings, and to issue
writs or habeas corjnm, and give relief thereon as
fully as the President of the Common Picas.
These powers imply his authority to administer
oaths, without which he could not swear the wit
nesses, 'tne act or Marco ai, isu, punisnes perjury
committed upon an oath taken before the Recorder,
classing it with oaths taken before any judge, justice,
alderman, etc., before whom oaths may be taken.
The Court of Common . Pleas had decided also that
he had the authority to administer oaths. Schnraan
vs. Schuman, Leg. Int., W.B, p. 21. Thus, being a
commissioned otllcer, and having power to ad
minister oaths, by his certificate of probate to the
petition he asserted his authority to administer that
oath.
J'rima facie, therefore, the oath was regularly
made, and being accepted, was before the court.
The Court having a general and rightful Jurisdiction
over the BubJect of the petition, assumed it, and in
so doing, decided the affidavit to be sufficient. It is
not the case of the absence of any affidavit, but Is
the case of an affidavit prima facie regularly made.
Now, after having possession of the case in a man
ner clearly legal ahd regular, at least to a prima
facie extent, and after having heard the
case On its merits and found the truth of all
the facts necessary to a rase on the merits,
how can we go behind the certificate of the Recorder
to Inquire whether his conceded authority to admin
ter oaths extends to this particular proceeding? Tho
oath was only necessary to initiate the proceeding,
which has now been proved by sufficient evidence to
be well founded and true. If we can now go behind
his certificate, after a decision on the merits, no pro
ceeding is safe. We may as well Inquire whether all
the petitioners were Qualified voters, and It we find
one disqualified by non-resldense, non-payment of
taxes, or a defect in his naturalization certificate,
set aside the whole proceeding. This would be a
dangerous doctrine, and opposed to the principles
deckled in tne cuscb just reierrea to.
The correctness of the oata in these cases is sup
ported by that required to contest the election of the
Governor, members of assembly, judges, county
officers, etr., to wlU : That "the facts stated in this
petition are true to tne Dcst oi nioir Knowieuge una
belief." It cannot be supposed the Legislature
meant to exact severer terms in order to contest an
election of city officers indeed, to require an impos
sible condition. But analogies are appealed to. It
has been decided that an appellant from an award
must swear that he firmly believes that injustice has
been done, and less will not suffice.
This Is true, but the difference lies between know
ledge and belief, it Is not unjust to require of a
suitor knowing his own case a firm belief of injustice.
On tho other hand, suppose we were asweu to say
that the appellant must swear to the absolute truth
of injustice, and thus compel an Ignorant man to
swear to tne law as weii as tne iacis -ruis wouiu
be nnreasouable, and it is quite as nnreasonable to
ask a man who cannot know all the facts to swear
absolutely to the illegality of voters, for whom they
voted, the law of residences, of suffrage, and of
the duties of election officers, and all else that is
necessary to actual knowledge of an nudue elec
tion.
Nor Is the argument good tnat tne act or lsoo re
quires the directions ot the act of 18M to be strictly
pursued. Dei ore a amuiwj cuu uo imiauuti, ire
must know what It requires. If the law re
mit personal knowledge, the oath must bo so.
But this Is the very question to be decided, and it
is Illogical to tell us it means personal knowledge
, - A l 1 1 . . 1 l ' u .. . t . . .
ueeauee il mum uu liiuiit uuiducu. , unu uwen uic
act of 1854 require personal knowledge of every
lact averred, or oniy Knowieage to tue iiesi, oi reli
able information and belief ? If personal knowledge
be not required that ends the question, aud all the
numerous authorities cueu to snow now stnctiy a
statute must be pursued are inapplicable.
JNor can the petition ie UKeneu to a response
In chancery. It Is not a proceeding to compel a
discovery of facts known to the party; but
is simply a compiamt to initiate an inquiry in goou
faith. Its foundation can be reliable Information
only, and therefore not absolutely, but credibly,
true, in conclusion, on huh, tne ouiy serious ques
tion, we have ample authority so to construe this
art. "as to Mie cijuairuckiou 01 Hi&Luien, h in en
tain they are not always to be construed according
to the letter." Bank of North America vs. Flt-wlni-mons,
8 Blnney. MA. "Acts that give a remedy for a
wrong are to do iaeu equitably, ana ine woras
shall be extended or restrainsd according to reason
and timtiee, and according in their end, though the
words be short or imperfect." BonuyiKtll isavlgation
Company vs. Leon. 7 Harris, 18, citing 2 Jusc, 1&2,
249, iiSft, 672, and llob., 157, 299. The word "void"
tins been held to mean 'Voidable." Uraddee vs.
Browntleld. 2 W. A S., am "ur" to mean "on. '
Levering vs. R R. Co., 8 W. 8., 4ti:i. "Or" also
has been held to mean "and." Foster vs. Com
monwealth. Ibid., 79, 80.
Was the Jurisdiction lost oy tne expiration oi ine
term in the case of the rrotnonotary y in tins
respect the. law is directory only. Tne act to i.e
done is judicial, and not ministerial. The court
cannot "proceed on the merits" of the contest with
out time to late tue testimony auu to urr una
decide. If the testimony be voluminous, as It must
be to correct so large a poll, the merits
cannot be reached without time ; nor can
the merits be reached if delayed, as Here, by
dilatory motions. It would be a harsh construction
to defeat its own purpose by rcqulrtug an impossi
bility of the Court. Analogies are against It. Com
monwealth vs. Sheriff, 16 S. R., 804. Sup. Watson,
2 Wharton, Mil. Commonwealth, vs. Sailor, 7 Wutts,
80a. Clark vs. coninionweaitn, B uascy, in
these coses a similar limitation was held not to oust
the jurisdiction of the Court, and it was said, "There
Is no doubt that necessity, either moral or physical,
...... .-.. I . an u ii a 1 1 il I 1 4 uriinnTlnn f . 1 . a uiulutji
1 1 a J iumt3 " ..... ....... .... wv vim n.ubuvvH
The act of 1810 requires certioraric to Justices of the
peace to be decided "at the term to which the pro
ceedings are returnable." Yet what lawyer ever
heard tnat a certiorari ten wuu uie expiration or tne
term T It would be a mockery of Justice wero the
neonle to be told wueu seeking rearess against dls-
limiedt servants that the voice of tho ludire Is
silenced in the midst oi nis septence, or the uplifted
arm of the law struck uowu oy tne stroke oi the
clock. This matter has been well stated by Allison,
J. lu Stevenson vs. Lawrence, 1 Brewster, 134-8.
Th nt head Is the alleged errors of procedure.
The power of the Quarter Sessions to appoint au
examiner is questioned. This affects the case of
th District Attorney only. The constitution and
nnwuranf th :onrt of Ouarter Sessions under the
organizing act of 10th of June, 1836, leave no doubt
of its power to take depositions, and,
consequently, to appoint examiuers for
this purpose. This la the practice
in road and pauper cases. The Quarter Sessions is
classed with the other courts in this act in respect to
many of Its powers ; and the Hist section enacts
"Kach of the said courts shall have full power and
authority to establisa such rules for regulating the
practice thereof, end for expediting ths determina
tion of writs, reuses, and proceedings therein, as in
their discretion they shall Judge necessary or proper:
Provided, That audi rules shall not be Incouslatent
with the Constitution and laws of this Common
wealth." This being an enabling act, Is to be libe
rally construed. The power to establish rules for
all case embraces the power to make a rule In this
particular case, (tmne main contintt in e minim.
The next error of proceeding alleged Is the allow
ance of the amendment In the cases of District At
torney and Prothonotaries. This was not error, but
fell within the nound discretion of the Court. The
grounds of allowance are not In the record, and
cannot be reviewed by us. The amendment was
not of an omitted prerequisite necessary to con
fer Jurisdiction, nor of matter essential to the
frame of the petition, but was a mere specification,
of a fact comprehended within the general terms
of the complaint, and belonging only to the proof.
The miscount of 40 votes for Sheppard, which be
longed to Gibbons, occurred at the same election,
entered Into tho same general return, and
affected the result. Tho matter pertained to the
same case, and was necessary to determine It "on
the merits." The power of amendment exists at
add Grove'sappeaUW right, 443 ; Cambria Iron Works
vs. Tomb. 12 Wright, 838; lbid,44f; Boyd vs. Neglcy. 4
common law, and falls within the discretion of the
court, and cannot be revised. To the numerous
authorities cited by the defendants In error we may
Wright, 877; Same vs. Some, 8 P. N. Hifilth, ssi;
Penna. It. . VS. German Church, 8 P. N. Smith, 44H.
And in point of reason, why should the court not
have power to amend In a contested election caseT
It is a Judicial remedy and concerns Important
rights. On what ground should the cause of the
people be held so strictly that a mere specification of
facts within the same general complaint, relating to
the same contest, and the same returns, could not
be allowed. In order to reach the very "merits" the
court Is ordered to trj? It does not appear from tho
record that the matter was Illegal, or was objected
ti, or that suspense was alleged, or was mutter not
developed in the testimony. The right of a court to
make an order necessary to the Justice of the case
nunc ;ro tune, cannot be questioned. In Fitzgerald
vs. Stewart, 8 P. N. Smith, 843, a power was sup
ported to enter Judgment nunc pro tunc six months
after verdict an action of slander, to prevent an
abatement of tho snlt by tho death of 'He plaintiff,
and after motions for a new trial, In arrest of Judg
ment, and to abate the writ. In Si leer vs.
Bank of nttsburg, .16 Howard, 671-579, a
judgment nunc pro tunc wns entered In 1834 to sup
port a sheriff's sale made in 1820, and was sustained
upon numerous authorities.
The last head is that concerning the frame of the
complaint. The refusal of tho Court to quash tho
petition Is not aground of error. Their Jurisdiction
is entire and inclusive, and a motion to quash is a
matter of discretion. Hesp. vs. Cleaver, 4 Veates,
87.) In this court there can bo but one inquiry
whether the petition Is sufficient In its frame, and
sots forth a proper ground of contest. We shall do
tne piaintins m error mil justice in permitting tne
assignments of error to stand as an exception to the
sufficiency of the petition. Like an indictment, a bill
In equity, or a libel, when the record of It Is before
us, we can only Inquire whether it sets forth a suffi
cient charge or complaint. The evidence In support
of the charge is a different matter, and need not be
set forth or specified. The law does not demand It,
and no analogy requires it. Indeed, the reverse is
true, for the court is required "to proceed on the
merits thereof," indicating thereby that the proceed
ing is not to be embarrassed by technicalities. Then
why should a contested election petition have more
precision thnn other complaints at law, civil or
criminal? The tendency to set aside an undue or
fraudulent election is as Important as remedies for
other Injuries. If the life, liberty, property, and
happiness of the citizen demand certainty to
a common Intent only, why should a
contested election require more? Indeed, the
nature of the subject demands even less. The
innumerable frauds abounding in an election where
120,000 votes are polled lu 26J precincts render a
minute specification impossible within ten or twenty
days. The only sare course in such a case is to pro
ceed in analogy to the practice in other cases, by a
notice of particulars, ordered and governed by the
discretion of the Court. It would be an intolerable
technicality if the petitioners were required to set
forth in their complaint within ten days after the
election every illegal vote, every Illegal act of the
election boards, and every instance of fraud. Such
a nicety would prevent investigation, and defeat the
remedy itself. The general rule In all pleadings la
that certainty to a common Intent Is all that is re
quired. Heard A Stephen's P. C. 880. The early
decisions in this city were too stringent. A much
truer exposition of the law, and one to be adhered
to, is found in the opinion of tne late Judge Thomp
son In Mann vs. Cassldv. 1 Brewster, on. 26. 27. As
remarked by him: "The rule must not be held so
strictly as ito afford protection to fraud, by which
the will of the people is set at naught, nor so loosely
as to permit the acts of sworn officers chosen by the
people to ne inquired into without adequate anu
well-defined cause."
We find many analogies to guide us. The general
rule in all indictments, says Sergeant, 9, Is
that the charge must be positively averred ; but in
what cases It Is or 1b not sufllciently averred, is not
ascertained with precision, and must be left in a
great measure to the legal discretion of the Court.
c ertainty to a common intent in general oniy is re.
oulred. and not certainty in every aartlcular. Shee.
huu vs. Commonwealth, 8 Watts, 212. Whether a
bill of particulars or specification of facts shall be
required is exclusively In the discretion of the pre
siding judge, w nan. u s xwi, citing common
wealth vs. Giles. 1 Gray 466. R. vs. Keudrlck, 5 Ad.
and i:i.. 49. H. vs. Hamilton, 7 C. and P., 448. See
also Commonwealth vs. Hunt, 4 Metcalf, 125. In a
libel for a divorce it was held that the proper prac
tice is to give notice that between two specific dates
acts of crueltv, etc., are intended to be proved.
Meele vs. Steele, 1 Dallas, 409. See also Gauatt vs.
Gamut, 4 Yeates, 244.
There are many cases, at common law and under
statutes, where the description Is general, and be
cause of the multitude of particulars constituting
the offense or complaint, the prosecutor may bo re
quired to give notice or tne acts mienaoa to oe
proved. Thus in the case of a common barrator,
1 Russell on Cr.. 185-6: 2d Hawkins u. L., c. an, s d
aud disorderly houses, houses of 111 fame, and gaming
houses. Whart. C. I-, 4 Ed.. 4 239. Tippliujr houses,
Commonwealth vs. Baird, 4 8. and R., 141. Lottery
tickets, Commonwealth vs. Gillespie, t t. and u.,
4(l. Timber trees, Morpl vs. Commonwealth, 7 Barr,
439. The court remarked in the last case that the
Legislature never intended that un indictment
for timber trees should be so special
as to defeat the end proposed. We may rofer also
to the caee of Commonwealth vs. Banker, 7 Harris,
412, for using vulgar and obscene language to
crowds; and Commonwealth vs. Stohn, 2 Smith, 243,
the case of a common scold. And see Ely vs. Com
monwealth, 7 Ban. 217, and ConiuiouweaHb. vs. Kls-
SOn, 855 R., 422.
In viow of this arrsy of cases affecting the highest
absolute rights of Individuals, it is Impossible to at
linn such a stringent rule as we are asked to apply
to contested election cases, or to say that this peti
tion Is so fatally defective in its frame, it should
hove been quashed on motion or set asme ou ie
murrer. it sets forth in fitting terms the geiibral elec
tion of 1868, tho persons voted for, the number of
votes returned for each, and the majority for tho
persons returned; charges an undue election and
iaise return, alleges tn election oi me opponent,
and sets for the grounds of the illegality of tho elec
tion, it chnrges that the officers of the election
fraudulently conducted und carried on the election,
with a wilful d.srctrard of all the requirements of the
law; sad then specifies their various fraudulent acts
uy iiieuns oi which the iraua was perpetraieu, anu
Illegal votes suffered to be cast for tho person re
turned. Here I may notice In passing tne omission
to set the letter V opposite the names of the electors
who had voted. This Is specified in the petition as
one of the fraudulent acts of the election oillcers,
and not ns a cause in itst-lf suificit-nt to set asldd
the election. The petition then uvers that all
these acts wore done and commute! with the intent
and purpose of holding an undue election, and to
prevent un honest expresslou of the popular will
and a true ascertainment of tho reul votes of the
quulllied voters, and that in pursuance of this con
duct the popular will was not ascertained, but was
defeated, whereby the election was rendered false,
fraudulent, nudue and void, aud the return void,
anil should therefore be disregarded. The petltlou
does not close here, though much more descriptive
and certalu than most forms of Indictment, petition,
and libel, but proceeds to specify the number of
fraudulent votes received in the several divisions,
describing them specially, numbering in the aggre
gate several thousands, and largely more than suffi
cient to overthrow the majority for the persou re
turned as elected. Here is certainty not only to
common but to a very specific Intent. How can
petition so specific in Its chorires aud minute in Iti
specifications be deemed to be defective in ltl
frame? Strong bios only cau entertain a doubt of it
sufficiency.
The argument that the claim of the petition to.
have certain returns stricken out makes it defective
or unsound Is wholly unfounded, if the facts sot
forth are BUtuclent, as we have mn the r.lnarlr are.
the prayer to strike out doea not vitiate the chsrro
of an undue election and a (also return. That
cnarge remains, especially in view of tne
concluding prayers of the petltlou
which are strictly correct, and cover the entire
ground of the case. A prayer to strike out Is no part
of the charge in the complaint. The court may dis
regard it if unfit, if too broad, or if nnsuouorted by
evidence, where there ere prayer suitable to the
cete, and covered by the evidence ; and we are bound
to believe they did disregard It. Omnia prn'iumnn
tur Uailiwe facta, donee trrobetur in emUrariutn. The
court having exclusive and Ilniri jurisdiction, we have
no rleht to presume that It ahused Its powers. The
evidence, calculations, and opinion of the court m
we hsve seen, are not before ns. We cannot Judi
cially know whether the court struck out divisions.
or merely tounu irauus sumcicut to cnange tne
result. We know only the decree, and that Is clearly
right The wholo argument upon the power to strike
out polls Is outside of the record before us.
Ana evea n it were conceded that the prayer to
strike out were a defect In Itself, yet the decree can
not lie affected by It. The presumption now is that
if Illegal the court disregarded it. This Is aupported
by authority. Thus la llagcu vs Commonwealth, 11
Harris, 865, this court held, upon an Indictment of
eleven counts, where, after a motion to quash was
refused, a general verdict of guilty was rendered on
ten of thecounts, and Judgment arrested on two, that
tne jiKigmenton ineremHintngeight would not re re
versed. If any count be sufficient, and the first being
found to be good. The 'same had been decided lu
Commonwealth vs MuKlsson, 8 H A R. 4'iO, ana In
Ilartman vs. Common wealth,, 5 lian. 63. Hnrnslde
A Bell, 97, said on argument, "The law of Pennsyl
vania Is settled that If one count be good, it is suill
c.tent." So, also, as to several matters contained In
the same count. For Cottcral vs. Cummins, S. A
R. 848, Justice Duncan said, "It is the law that whre
several matters are laid In the same count, part of
which Is not actionable, or not actionable in the
form laid. If there are sufficient facts laid to support
the action, it will bo Intended Hfter verdict that
damages were given only ior such as are properly
mid." j no same is said in l Chltty on l'L, , and
the reason given that tho verdict Will be sustained
by the intendment and prenumvtion that the Judge
duly directed the Jury not to find damages in the
defective allegations. The aainn Intendment was
made in Welghy vs. Webb, 78, und H. B10, the court
remarsing tnat it is not to im presumed the judgo
would direct or the Jury would have given tho ver
dict without sufficient evidence of the breach of
contract. The defect was therefore caused by the
verdict. There are many analogous cases. Htoever
vs. Stoevcr, 8. A R., 454-5; Kerr vs. Sharp, US.
A R., 399; Turnpike company vs. Hotter, 4 s. A K.,
6;Sedorm vs. Shatlor, 6 W. A 8., 6OT; Common
wealth vs. Hunt, 8 Harris, 510; Sect. A Co. vs.
Bntlman A Co., a narrls, 09. In this case the in
tendment should bo even stronger, for the
court being the exclusive judge of thew as well
as the law, we cannot suppose the decree was ren
dered on incompetent or Insufficient evidence.
"The courts make every reasonable presump .Ion to
rid themselves of objections which do not touch
the merits." Per Rogers T. Scltz A Co. vs. Buffalo
A Co., eupra.
Tliuft it is evident from this array of authority no
presumption can be shown from the docree that the
court struck out divisions because such a prayer is
contained in the petition. The decree Itself fur
nishes no such evidence, while the prayer, if Illegal,
we must now presume, was disregarded upon the
legal intendment the cases all say should be made.
The argument, therefore, founded on the decree
following the allegata et probata, 18 a Ron nequitur
and illogical. The probata are not before us, while
the allegata are not presumed to be followed contrary
to law. But In addition to this general principle we
have an authority In point. In Ervlng vs. )illby, 7
Wright, 884, It was held that the proceedings could
not be reversed because of contradictory averments
in the specifications, but the proper course would
have been to move the court below to strike out the
contradictory part, and the certiorari was quashed.
Tlier. was no motion in the present coses to strike
out this prayer as illegal. The only motion was to
quash. Upon the whole record In these casus we
discover no error, anu tne several decrees are there
fore affirmed.
DI. l'ATJJLi 8CIIOEPPK.
Decision of His Case The Judgment of
Death Affirmed.
Supreme Cnrt la Bane Jndses Uead,
Ag new, Huamwooa, and Wtllluiiia.
This morninc Justice Read read the opinion
of the Cot rt in tho cose of Schoeppe vs. The
Commonwealth, error to the Oyer and Terminer
of Carlisle, this writ being the last resort of the
prisoner ior escapo irom tho penalty of death
lor tne crime oi murder or. wnicn no was con
victed. The opinion of . the Court was based
upon strictly technical grounds, and was to the
effect that they could not consider questions of
the prisoner's guilt or innocence, aud had not
been aoie to aiscover any error in tne recora oi
the Court below; therefore the judgment ot tne
Oyer and Terminer of Carlisle was utllrmed.
TI1K NEW YORK MONEY MARKET.
From the Y. Herald.
'The important event of the week in financial cir
cles was tne announcement of the decision of the
I nlted states Bupreme court on tne question oi con
tracts made before and falling due after the passajre
of the Legal-tender act, the opinion of the majority
or the Court declaring an debts bo created to bo
pavabie in coin. ' The effect was, however, less per
cepttble thau might have been anticipated, and after
a lew days' discussion tne topic use an wan street
sensations was soon dismissed from general
consideration. Tne question is one wnicn nas
lost much of its interest, for the reason that during
the eight years of suspension old contracts have
been cancelled or merged Into new ones wiiich will
be settled without legal recourse to the decision just
rendered. - Of courxe there are numerous minor
debts and money contracts which are not obviously
adjusted by the general tenor of the ruling of the
court, but these, If litigated, will ouly have to go tho
ronnds of lengthy judicial processes, and meantime
tne cause ot action win nave disappeared in the re
turn of specie payments.
"Wall street has become quite bearish in Its views
of the Immediate course of the gold market. When
the opinion of the Supreme Court was given it was
supposed that tne greater demand wnicn would
thus arise for the precious metal would influence
higher prices, but whatever the eventual effect of
this decision, gold has been weak and heavy. It Is
difficult to say why the premium did not respond
to this impression, but the firmness which was
temporarily given the market seemed to be taken
advantage of to sell large amounts which
hod bceu held by speculative hands in ex
pectation of a rise which did not come. The
'hulls in gold have had a long and tedious waiting
of It, and, tired of the delay and the dullness of the
market, nave at last unloaded to the best advantage.
The outside influences are not such as to favor an
advance, and as it is known that the Government is
steadily opposed to a rise, a 'bull' movement does
not enlist much lavor among the speculators, in
deed, the chief operators abandoned the Gold
lioom a mouth ago, and have not since seen
inducements to return. The specie shipments are
nominal, and although the export slnco January 1
has been nearly lour millions, the greater portion of
it, has comprised coin in transitu between Mexico.
Cuba, and South America and Kurope, and gold and
silver bars. With the present price of exchange
there Is no profit in shipping American coin, aud
the lower range of exchumre is duo to the larce
shipments of cotton and produce. Gold Is therefore
graviiaung 10 lower prices, ana unless tue specu
lators step in to sell it short, aud create an unnatural
demand tur It, the Immediate future Is likely to wit
ness one step nearer the consummation of specie
pajnieuts.
"The money market during the week was steady
at four to six per cent., with five and six us the pre
vailing rates on call loans with pledge of Govern
ment bonds and miscellaneous stock collaterals.
Whatever tendency the market mani'ested to still
lower figures was couutcrbalauced by the Increased
volume of business in stocks and tho consequent
absorption of more of the Idle capital with which
the banks are supplied at this season. An Influence
Is now at work which msv effect some fluctuations In
the rate on call In the Immediate future. It seems that
our city banks are endeavoring to remedy the evil
of the overplus of national bank notes oy making
them up in packages and sending them home lor
redemption, thereby extemporizing; a process of
redemption which should have Congressional re
gulation. How far these exchanges will affect
the money market remains to bo seen. Remotely
they will benefit our local banks, inasmuch as
they will in a few weeks strongly fortify the re
serve of greenbacks, and thus airord more scope
for the expansion of loans and the Increase of
deposits. Commercial paper was In good demand
at six to eight per cent, for prime double name ac
ceptances, und at seven to eight for the best single
names. Foreign exchange was steady in the face of
a lighter .supply of commercial bills, and only
moderately active at IOhj.h for prime bankers'
sixty day sterling, and 109xlo,S' for sight
sterling. The absence of commercial bills la attri
butable to the fact the exports of the Southern
ports are constantly growing in magnitude, and
hence the drawing from Souther cltle on arope
direct."
SECOND EDITION
LATEST sir TBLsanArxx.
Post Office Robberv Decision of
an
Important Insurance Case To
day's Cable Quotations.
Financial and Commercial
I2tc, Etc., Etc., Etc., Etc.
FROM NEW EM Q LAND.
lannrnnce Case Decided. '
BiDDEFohu, Me., Fob. 14. An Interesting In
surance case has Just been decided by the law
courU of Maine. Tho plaintiffs were II. W.
liwsey & Co., of Portland, whose store was in
sured by the 1'hamix Insurance Company, of
New York, for (3000. The store was burned at
the great Cro of July 4, 1400. The company re
fused payment on tho ground that the store was
situated upon leased land, and the agent of the
company' omitted to state the fact in the
policy. The conrt decided In favor of the plain
tiffs, awarding the full amount of the insurance
with Interest from 1800 and costs. '
Fatal Accident.
. Boston, Feb. 14. Latt evening a man named
James McCarren, while drawing a charge from
loaded revolver, accidentally discharged it.
tho contents entering the body of his son Wil
liam, a lad about four years of age, killing him
almost instantly.
FROM THE STATE.
Robbery mt a Pout Office. ,
William sroRT, Feb. 14. The Jersey Shore
Post Ofllce, sixteen miles from here, was- robbed
last nigbt. ' About forty-five dollars in cash was
taken. The stamps and letters were not
molested. , There Is no trace of the thieves.
J FROM EUROPE.
ThU Morning'a Quotations.
By tlit Anglo-American Ca'jli.
London, Feb. 1411 A. M. Consols for money
92?i, and for account, 92. American securities'
opened quiet; U. 8. Five-twenties of 18S8, 87V,
of 1W, eld, 87; of 187, fie.; 10-40s, 83. Ameri
can slocks quiet: Erie liallruad, 20j ; Illinois Cen
tral, 111; Great Western, 2S.
I.ivkhi-ooi., Feb. 1411 A. M The Cotton mar-
kct opuned steady. Middling uplands, lld.; mid
dling Orleans, 11,'1. The sales to-day are esti
mated at 10,000 bales. The stock taken for export
and speculation on Saturday should have been re
ported at sooo bales.
Breadstuff's are tinner.
London, Feb. 14. Renncd Petroloum, Is. lOd.
Thin Afternoon's Quotation.
London, Feb. im P. M. U. 8. 10-408, 82X; Mi
no's Central, 110.
Farib, .Feb. 14. The Bourse opened dulL
Rentes, 731. 20c
antwbkp, Feb. 14. Petroleum opened firm at
69f.
MEXICO.
The
Revolution In Nan Lulu Potost A
Fine
uonntry to move Away Prom.
From a private letter received in this city
from Mexico, we are permitted to fnako the
following interesting extracts relative to the
very lattsat Mexican revolution. Tlio writer Ilua
been forty-five years In that "poor country."
It seems to us one would have been satisfied with
a somewhat shorter residence.
In my last I mentioned that a revolution had
broken out in the State of San Luis. In order
to post you up in affairs I will go back to
the beginning. In December the elections were
held and the votes computed; on the 16th, Sortenos
Escaudon was declared to be elected Governor, and
General Francisco Aqulrre, of Saltlllo, stood next;
the Congress closed the session, and an hour after
wards all the members, and the Governor, Barrogan,
were in prison. Man'l Orellona took an active part
in this. Aqulrre declared hlmsolf Governor, and
when orders came from Mexico to put things right
he pronounced against the General Government.
Our ehap here was riding the fence for about three
weeks, pretending to raise troops in favor of the
Federal Government, and when a small conducta
of 172,000 drifted down from the fair of San Juan he
seized It. An order came at once from Mexico to
return the money, and he threw on his mask and
made just the silliest pronunciamento that I have
Been in the forty-live years I have been In this poor
country. He declares Ortega President, drawing the
sponge across the lost five years ; that Ortega is Pre
sident because ne was rresiuuut oi tne supreme
Corte when Juarez' term expired in 65.
He declares a general amnesty, excepting tnose
who signed Maximilian's bloody decree of 8d Octo
ber, the generals who served the empire, and D. Be
nito Juarez ana nis ministers; ne raiseu. Dy impress
ment seven hundred men, and sent them under a
Sonora General, Toledo, to occupy Aquascallentas,
where they refused to pronounce. The Governor of
Aquascalientas retired, and the place la In posses
sion of the pronunclados, as is also Lajos, occupied
by a battalion of Federal troops, who left Guadala
jara to join the pronunclados. As our communica
tions are cut on, exceot with San Luis and Aquasoa
lientos, we know nothing of what is going on out
side. Corona was in Hurango with eleven hundred
men, said to be about moving this way ; If he comes
these chaps will skedaddle.
The mint was cleaned out yesterday of everything
it contained S. Martin, cosh, and all by the arch
thief, it Is said that Aura Is coming as Governor
and commandants mllltalre, and that the General
Congress has passed some very stringent laws on
the subject of the revolution. The amount robbed
from the mint is about tiuo.uoo.
I am toid to-day that the infernal villain has given
out over sixty patents for guerrillas.
IX Joaquin Ortega left on Saturday for Saltlllo,
with carriages, money, hablo, etc, to bring on bis
brother, I suppose to take possession of tho presi
dency. The capital of the republic la to be Aquasca
llentas. FIXA-Cli AHfI COMMERCE.
OFFICE or TlH RVKNIIfO TKTjKOBAPII.1
Mondtf. Fob. 14.1S7U. J
The week opens with only a moderate demand
for loans. The supply of currency In this
market Is not excossivo, and the rates current
during the past week are maintained. Trade,
in nearly every branch, is dull and unsatisfac
tory for the middle of February, and this condi
tion will necessarily reflect itself on the Money
market until a rovival ensues. Lenders continue
to act liberally towards appllcauts.aud there was
perhaps nevor a time when money was more
accessible to all possessed of credit.
We quote call loans at 5 per cent, on Govern
ments and 0 per cent, on mixed collaterals.
Good business paper Is In great domand, and is
readily taken upon the street at regular bank
rates.
Gold opened dull and weak; the range of fluc
tuations up to noon Is ll'J;119K.
Government securities are nulet, and prices
are off about )i compared with Saturday's clos
ing quotations.
The Stock market continues exceedingly
active, and prices have again advanced.
City securities wore steady at U'J for the old,
and lOOJi for the new bonds. Sales of Lehigh
Gold Loan at ttf, In 500's.
Heading Railroad was the chief attraction.
Over 0000 shares changed hands this morning at
49k:4l)-3?, b. o. Pennsylvania Kallroad was
steady at 67 Bales of Lehigh Valley Bajlroad
at 54&, andLlttlo Schuylkilf Railroad . at l X;
75 was bid for Norrlstown; Sl fer Philadel
phia and Erie, and S! b.o., for Cetawlssa
P Una! Shares were steady, with 17 bid ior
Schuylkill preferred; 33V for Lehigh, and M
for Morris preferred. Tho balance of the
list was firm but not active. Bales of Mechanics'
Bank at 81.
rfllLADKLPITIA STOCK EXCHANGE SALES.
Reported by De Haven A Bra, No, 40 8. Third street.'
FIRST BOARD.
3rooaty as, New. loo
8oo ah Reading... In.
4tV
49 V
49 V
l iw viiy net, um . , yv
lluoo Leb. TUnbiii
r reg.sown. M
$fWW N Penna fts. .. 90 v
t30OLeh It Loan... ra
1 1000 Leb s, M dr
fftOO Leh gold L.... 94
two Morris CI B L. 78
8 sh Mech Bank.. BP
74shCam AR. 114
150 sh Leh Val. ..Is. mm
con
do...bso.
loo
loo
100
800
800
&00
:oo
600
6A0
SOO
100
SOO
800
(MHJ
100
100
100
1H0
100
do blO.
do
do I30.
do.. is. bl.
49 X
49 V
do o. 4Vf
do ..lahSO. 49V
dO..,.tAI. 49V
dolB.B30.49 1-1
do'. DO. 49-81
do 49 81
do.. C.49-B1
dO.....b30 49-81
do ..rgAin. 49-81
do.sOOwn.l.0't4
loo do 2d. MX
80 OO IB. MX
loo sh Penna. scow n bts,
hi do Is. t7tt
gash Lit Sc. It.... 4M
KshMlnehill It... Bl
8 Sh O C A A R ft. 40
too Reading... 18.S6. 49 w
do.
do.
do.
do.
do .
,..1XW.49 81
.. 49 V
0.49 al
b00
lino do .Is. 49Ji
49 V
SOO dO 0. 4U3
,.Bl0.49 8-1
1
Jay Cookk A Co. quote Government securities as
follows: U. a OS Of 1881, 117f(.llH 6-20 of 188'i,
114X114,; do., IBM, 113V1I4S ; na, W0 l3t
iu,; do., July, imk, mvH3v; do. do., mi,
118S0113V; do., 1S4J, U3 V (S1113 V? 10-408, USk
lisv i cur. , liixrani x. Gold, lix.
MBSSKS. WIM.UM r AINTKR ft CO.. NO. BO H. Third
street, report tho following quotations: U, S. esof,
lt, mvoiU ; 6-208 of 66i, 114KW114V; do. 1U,'
1IH-114; do. 1S, 1iar(114; do., Julv, lsea, .
H2-4((113; do., July, ln7, 1iay(ail3,v: do. July,
lWW,-:ll8.Vail8X; 68,10-40, 111 ',(U2; V. S. Paclio r
RK. Cur. s, 11114(4111-,. Gold, liO'.'UO.
Mlssss. In IIavkn a Brothkr, No. 40 8. Third
Street, Philadelphia, report the following quotations:
U. 8. SOf M8i,117X118; dO-rfltWH, 114ta114K;
do. 1864, 113'M1HS ; do. lSGo, 113V4U4V. ; do. 1848,
Bew. 118Ti(113.Si : do. 1867. do. 118h(AUBV: do. 1888.
do., mU3'i: 10-408, imam v. D. 8. 0 Year '
6 per cent. Currency, Illy; Maun ; Due Corap. Int.
Notes, 19; Gold, 1 19S1 19 S ; Silver. 11IK411& Union
racinc k. k. isi Mori, uoikis, fMfK4lfi; central ra
clfle H. K. 1st Mort. Bonds, 960c49;0: union I'aclQO
Land Grant Bonds, U9fi(4710.
Narr A Ladnbr, Hunkers, report this morning's
Gold quotations as follows :
10-O0A. M 119V 1120 A.M........ ... .IWi
10-08 119,W1146 119tf
10-10 " 119H 11-46 . 11W
1019 " ll)4l
Rtvek Quotations by Teleantpfs t P. HI.
Glendlnnlng, Davis A Co. report through their Mew
Tork house the following:
N. T. Cent, A Hud R ' i Pacific Mail Steam. . . 41 ' 1
Con. Stock Scrip... 97 V Western Umon Tele 36 ..
do. scrip 9ft v Toledo A Wabash it. 4 ,
N. T. A Erie Kail. . 26 V, i MIL A St. Paul R com 74','
Ph. and Rea. R...... , Mil. A 8U Paul pref.. S8V .
Mich. South. A NLR. 88, I Aflame "Express... l
Cle. and Pitt. R.. . loo WeUs, Fargo A Co. .. . so
Chi. and N. W. com.. 784 United States. 60V
Chi. and N. W. pref.. 90 f Tennessee 6s, new. 63V,
Chi and R.L R 121 ' Gold... .U9V, .
Pitta. F. W.AChJ. R. BIX1 Market steady.
Philadelphia Trade Report.
Monday, Feb. 14. Seeds Cloverseed is quiet, ;
with sales of 100 busnels fair and prime at .S8-12 v
per 64 lbs. Timothy is nominal at $4 604-76. , Flax-,
seed sells in a small way to the crusher et
2-2012-25. .
The Floor market presents no new feature, the ,
demand being limited to the immediate wants of the ,
home consumers, who purchased a few hundred bbls
at 426Ct4-60 fo. superfine; 14-604-75 for extra ;
t6i6-76 for Iowa, Wisconsin, and Minnesota extra '
famJlv ; ls6-60 for Pennsylvania do. da ; te-Sfla-so
for Indiana and Ohio do. da; 16-60(47-60 for fancy
brands, according to quality. Rye Flour may be
quoted at S4-76.
There is not much activity In the Wheat market,
but prices are steady. Sales of 1200 bushels Penn-(
sylvanla red at ll-244l-20. Rye mar be quoted at 980.
per bushel for Pennsylvania, and Western. Corn la
scarce, and in demand at full prices. Sales of 6000 :
bushels new yellow at 89a9lc. in the can and from
stores, and 3498a afloat. Oats are unchanged.
Pales of 2000 bushels Pennsylvania and Western at
63o.fWc Nothing delng In Barley or Malt,
Whisky is steady at 97(9tto. for wood and bron
Douna western.
Philadelphia Cattle Market.
Mondat, Feb. 14. The market for Beef Cattle
opened very firm to-day, and continued ao to the
close, with a slight advance on last week's quota
tions. We quote choice at 9X(410e. ; prime at 82
(49 Vc. ; fair to good, 7 V8c., and common at t& -7c.
$ ft gross, as in quality. Receipts, 1768 head.'
Beaa, i
M Owen Smith, Western, 8410.
120 A. Christy A Bro., Western, 810.
46 Dennis Smith, W. Penna., 7(S,9','.
80 Daengler A McCleese, Western, 6(48 V,
SB P. MeFlllen, Western, 849.
60 Ph. Hathaway. Lancaster co., 8X(39'.
43 James S. Kirk, Chester co., 7(9V. '
40 B, If. MeFlllen, Western, 8aiv.
100 James MoFillen, Western, 7(49V.
90 K 8. MeFlllen, Western, K4X. ,
92 Ullman A Bachman, Ohio, 849 V.
106 Martin Fuller A Co., Western, 8410".
loo Mooney A Miller, Western, 8(411 i.
80 Thomas Mooney A Bro., Western, 749.
60 II. Chain, Western, 7(4AV.
60 John Smith A ro., Western, 8V,10.
10 J. A L. Frank, Virginia, 7X(48V.
86 Gus. Schamoerg A Co., Virginia, 79.
85 Hope A Co., Western, 6X(49.
68 H. Frank, Western, 78 v.
45 Klkon A Co., Western, 748V.
40 J. Clemson, tancaster co., 7(9.
13 D, Branson, Chester county, 7tf(49.
80 S. Frank, Lancaster co., 7(8.
81 Chandler A Alexander, Chester county, 9316,
18 L. Home, Delaware co., B'.aO 'i.
33 S. Blnmenthal, Virginia, 6x7.
100 G. Klllnger, Virginia, 7(10.
86 John MuArdle, Virginia, 7v9.
16 Jesse MUler, Chester county, 7(410.
Cows and Calves were In limited request, with
sales or 126 bead at $50(475. SprlCgers were quoted
at (46(300.
Sheep The market was Arm at last week's quota
tions. Sales of 10,600 head at tho Park Yard at 6V,
8V per pound, the latter figure for extra. Attbe
Avenue Drove Yard 6000 head were disposed of at 5
(gac, per pound.
Hogs were dull, with a downward tendency.
Sales of 023 head at the Union Drove Yard at 111-60
(18 for slop-fed and ,$ 13(4 13 75 per 100 pounds for
cord-fed.
LATEST SHirriSQ INTELLIGENCE.
For additional Marine News see Trutide Page.
(By Telegraph.)
Nbw York, Feb. 14. Arrived, steamship Man
hattan, from Liverpool.
Also arrived, steamship Helvetia, from Liverpool.
PORT OF PHILADELPHIA FEBRUARY 14
8TATB Or THERMOMETER AT THI EVENING TELEGRAPH
OFFICE.
T A. M 33 1 11 A. M 47 1 S P. M 64
CLEARED THI.S MORNING.
Bark Marianne I., De Santos, Lisbon, Jose de Be
Gulmaraes. '
Schr Wm. Wilson, Bacon, Salem, Sinnlcksonj oo
Schr Mary Coyne, Facemire, Bridgeport, "
Schr Bucephalus, Congor, Providence,
SchrWm. Wallace, Scull, New York,
Schr A. N. Aldrldgo, Fisher, Fall Hivf t
Schr 8. L. Slnmious, Janvier, Weymaini uo
' : ARRIVED THIS MO-lNING. .
Steamship Fanlta, Freeman, hours from New
York, with indse. to John b '"L.
Schr Franklin A.. Millonu, T daw from New
foundland, with flsh to J. M Hopkins A Co. .
Schr 8. Warren, Morris, 14 days from W llmington, .
N. C, with lumber to H TnP S('n 4 ,
Schr A. Haines, Si-'th. 8 days from Bridgeport,
with marble to FrlcJH'.yA Co. .
Hc.hr Sarah Bme, Usher, J days from Wilmlmr
ton, N. C, with Bangles to Bolton A Co.
blbr Elwood porou, Jarvls, from Providence.
MEMORANDA.
Steamship Prometheus, Gray, for Philadelphia,
sailed from Charleston yesterday.
Steamur Centipede, Tllton, hence, at New Yoric
Bark'l&cbel, Norton, sailed from Maunzai 80th
UlL. for a port north of Hatteras.
schr Haltle Ross, Ulrick, hence, at Demerara 17th
nit, and remained 22d to return.
, Honrs Adelia, Trafton, and R. A. Ford. Carpenter,
hence for St. John, N. B., at Holmes' Hole A. U. 11U1
Instant.
Schr Mary Ifaley. Haley, for Pmladelphla, cleared
at New York 12th last.
i