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VOL. XIII. NO. 73.
PHILADELPHIA, SATURDAY, MARCH 2C, 1870.
DOUBLE SHEET THREE CENTS.
FIRST EDITION
"WOODHULL, CLAFLIN & CO.
Taking tho Black Veil.
The International Yacht Races.
The "Pall Mall Gazette" and the Oneida
The Situation in Spain.
Etc., IHc, I?tc, Etc., Etc.
THE rETTieOATB INKERS. .
WeeuLall, Clnffln fc V: In Trouble A Utile
lllll tram a Chicago DruaulHt.
Tbc Marine Court was all astir yesterday. The
renowned Miss Tennlo C. Claflln, of tho firm of
Woodhuli, Clufllu & Co., the women brokers of
Broad street, appeared before Judge Curtis, in
answer to a suit at the instance of Mr. James
Blake, a Chicago groeer. This claim Is the first
of a scries of claims to be preferred against Mine
Tcnuie, for debts contracted during her resi
dence In Chicago. Although a judgment was
villained against her by Mr. Blake, it wan not
eatblled. Thin action was instituted on a judg
ment recovered in tho Superior Court of Chi
cago l'i 1807 in favor of Mr. Blake. For the de
fense it wan said that Miss Tennie never win
served with the summons, and that she wag
absent from Chicago on the day on which the
Sheiiff returns that he served her with the pro
cess. The Court directed a verdict for tho plain
till for tho full claim (1125-70), with interest
and the costs of the suit.
the omoiN or TI1B SUIT.
When the attorneys for the plaintiff were in
structed by the Chicago correspondents to bring
this suit and others against Miss Tennlo Clatlin,
it was at once seen what difficulty there would
be in proving her identity. 1 he claims were
small, although numerous, and it would scarcely
pay for the creditors to go to the expense of
coming hero to Identify her. 80 they procured
a description of Miss Tennie, and one of the
attorneys then called on her at her banking
house, and presented his claim In the name of
bis Chicago client; but she utterly denied all
knowledge of such a person, and said that she
bad never been in Chicago in her life. He then
took from his pocket the following written de
scription, and read it to her: "Miss Tcnncesce
Clatlin is a charmlug woman of medium height,
brown hair, gray eyes, dark complexion, de
cidedly plump, and about thirty years of age,"
remarking, as he finished, "That answers your
description exactly."
MISS TENNESSEE'S DOUBLE.
With a smile which would have rivalled Cleo
patra's, she acknowledged the correctness of
the description, but remarked that there was a
lady in St. Louis who had often been mistaken
for ber, and for whom sbo bad frequently been
obliged to pay debts. That was a staggering
blow to the attorney, but recovering himself,
be respectfully bowed himself out of tho sump
tuously furnished private office of the firm,
lie wrote at once to his Chicago client what
the result of his interview had been, and re
ceived in reply a request that he should
ask certain questions which disclosed
a perfect knowledge of her domestic
affairs while in Chicago. Tho attorney
did as he bad been directed. Miss Ten
nie at first denied, bat at length acknowledged
evcrvthlnir. The attorney again presented his
claim, but sho asked for time, saying she was at
present unable to pay, but would at some future
time. This was not satisfactory, however, and
hence the suit. Messrs. Genet and Feet, the
attorneys for Mr. Blake, about this time re
ceived other claims for collection against Miss
Tennie, among which was a bill from Messrs.
J. W. Ktirnmn & Co. for Bundry drugs supplied
during the time
MISS TENNESSEE PRACTICED
as physician in Chicago. In this bill there are such
items as blood root, 1 box ley, 1 syringe, oint
ment prescription, assufuetida pills, sngar-coated,
and many others of the same nature. In reply
to Messrs. Ehrman fc Co.'s claim, wblch was ar,
first sent directly to MUs Clalilu, the following
reply was received:
NewYobk, Feb. 21, 1970 J. W. Khrraan Co.
"Oentleinen: MUs T. C. Clufllu Instructs us to say,
In reply to yours of the 18th lust., that the news
papers have cieated a false inipresnlon about her
unanc'al condition. True, she has Appeared as one
of the lirm, which is furnished meaus to conduct
business with. Her prospects for making a paying
business ar vry (rood, and she hopes to be able
within a very few months to settle all her old claims.
Her friends are settling some at 25, holding them for
her until she can make It. Hhe will try to got yours
admitted for 60 if you should prefer that to letting It
remain a little longer.
Please reply what you will be willing to do. Yours,
respectfully. Woodhuli, Clafmn & Co.
THE SCENE IN THE COUItT-KOOM.
Miss Tennie C. appeared in court attended by
ber partner, Mrs. Woodhuli, in all her charms
of manner and of dress. Her dress was of
black silk velvet. She had a fashionable chig
non, surmounted by a hat, bonnet, or what not,
of tho latest Paris style, and her gloves were
faultless, both In color and fit. She cast upon
Judge Curtis one of her most engaging smiles,
as she was called into the witness-box, but
after his instructions to the jury, her face as
sumed an expression of dignified contempt, and.
accompanied by her partner, sho sailed out of
the court-room with the slightest perceptible
shake of her gracefully-swaying patiler.
Commodore Vanderbilt, whom Mlsi Tennlo
claims to be her financial backer, denies all
knowledge of her or her partner, Mrs. Wood
hull. JV. Y. Sun of this morning.
A TERRIBLE C1SE.
A Whole Family Htrlcken with Small-pox A
Mother and child Dead In the Ilonae at the
Mnmo Time.
The Louisville Journal of Wednesday pub
lipbes this painful narrative:
Yesterday a man, who gave his namo as
Leonard Xlnoblemas, applied to the health offi
cers for a permit and assistance to bury his wife
and child. The story of the man, told In plain,
simple words, revealed a terrible case of want
and suffering. The entire family, with the
exception of himself, had been attacked by that
most loathsome and terrible disease, small-pox.
The neighbors, dreading contagion, would ren
der no assistance, and, being too poor to hire a
nurse, he was compelled to quit his work and
attend to them as best he could.
Ills little means soon gave out, and the family,
sick as they were, actually suffered for the com
monest necessaries of life. Monday night his
wife and one of his children, an infant, died.
Friendless and penniless, he was forced to apply
to the public charity for the means to pay the
last sad rites to the loved and lost. He stated
that he bad not a single cent, and that there was
not a particle of food In the house. An investi
gation of the matter proved that his sad story
was true in every respect. The dead were burled
and assistance rendered the living. The family
live on Clay street, between Broadway uud
Laurel.
In this connection, we would call the attention
of the proper authorities to tho f net that, owing
to the waul 01 a proper veuiuie to carry luinu-
nv nutli-nts to the lest bouse, the are com'
felled to remain in the city, thus causing tho
dlr ease to spread. If affected persons were re
moved as soon as the fact became known the
dread disease could be kept In check, but if, for
the want of means to carry them to the pest
house, they are suffered to remain at their
homes and communicate the disease to other
members of the family, and, as soon as they are
able to walk, to go upon the streets, probably
with Infected clothes on, and thus spread the
infection, there will be no limit to the ravages
of the disease. The matter should be attendod
to without delay, and before the disease be
comes epidemic, which It will If the present
policy is persisted in.
I1IE BLACK VEIL.
ImprrnnlTe Oremonv la a Brooklyn Convent
I Itenonnclna the Vanities of the World.
The ceremony of "Taking the Black Veil," or
nuns' last vows, was witnessed yesterday by a
select and invited number of friends at the Con
vent of St. Francis of Asslslum of the Sisters of
Mercy, situated at the corner of Wlllonghby and
Clausen avenues, Brooklyn. The youug ladles
who were the candidates and principal actors in
the ceremony were Miss Margaret Noonan,
daughter of .Mr. Daniel Noonan, of New York,
now known in religion as Sister Mary Paula,
and Miss Mary Fogarty, daughter of Mr. Kd
ward Fogarty, of Brooklyn, in religion Bister
Mnry Angela.
The services began at 10 A. M., by tho en
trance of the officiant, the Rev. J. Francis
Turner, Vicar-General of the Diocese of Brook
lyn, arrayed in cope, mantle, and stole. He
was attended by two acolytes, and the Rev.
Father Tuff as deacon. They knelt beforo the
altar, which gleamed like a flashing pyramid,
composed of glimmering lights, rare exotics,
and symbolic emblems at the opposite end of
the chapel. In tho meantime, while the Vvni
Creator, rendered by female voices aloue, with
organ accompaniment, swelled in dulcet melody
from tbc gallery above, the Sisterhood swept
into the isle in
SOLEMN PROCESSIOK.
The dress of a Sister of Mercy Is one of the
most picturesque and beautiful of the orders of
the Church. It consists of a black habit with
a long sweeping train, a whito linen clrf aud
gnlmp on large collar, and a gracefully arranged
black veil. To this dress, on ceremouial occa
sions, is added a fioating white mantle of a cir
cular form. In this unique aud medieval cos
tume, thirty or fort' nuns, beariug lighted can
dles, now cutered. Oue, taller and more grace
ful than the rest, bore tho processional cross.
She advanced to the centre of tho aisle and re
mained standing until the others had swept Into
the stalls on each side, aud then was seated in
the centre of the aisle. The candidates wearing
white veils took their scats in front of the altar,
where two chairs had been placed for them
back of two cushioned "prw-dieus." They
knelt until the hymn was concluded, after which
the "Demand, " or first part of the ceremony of
profession, was made. The ceremony of
I1LE8B1NO THE RINGS AND VEILS
with which they were to be invested, followed.
High Mass was next celebrated by tho Rev.
Father Dunhcsse, 8. T., of St. Francis Xavier's
College, Sixteenth street. The sermon was
preached by the ltev. Dr. Frlel, of the
Church of St. Charles Borromco, Brooklyn. It
was an eloquent discourse upon chastity,
poverty, and obedience.
At the conclusion of mass tho candidates,
after receiving the Eucharist, were conducted
to tho altar by the Rev Mother Superior aud
Assistant Superior. Here kneeling they pro
nounced and signed their vows, and were in
vested with their rings and black veils, the
white ones being removed by their attendants.
TI1E DEATH TO TUB WOULD.
Then followed one of those symbolllc acts by
which the Church of Rome impresses the minds
of her children. While the music thrilled from
the organ loft, the candidates retired a few paces
from the altar, and after standing some minutes,
instantly and simultaneously prostrated them
selves, faces downwards, upon the richly car
peted floor. The action was so sudden, so
lamiy indicative ot acatn, tnat a rrotestant
idv present, who had never witnessed
the ceremony beforo, murmured audibly,
Death to tue world. me two slen
der young forms remained extended in
deathlike stillness for fifteen or twenty minutes.
Then assisted to rise by the Mother Superior
and her assistant, they received the kiss of
peace from the Sisterhood, and falling into the
procession, left the taper-lighted, llower-per-l'umed
chapel by the same door they had
entered, borne tears dimmed the eyes of the
mother aud sisters of Miss Noonan, but they
did not seem tears of sorrow. Tho occasion was
evidently regarded as one of joyful gratulatiou.
MISTAKEN IDENTITY.
An I'nplcanant Adventure A You 11 n Alan Im-
piUoued, and After Several Manilla froves
nn Alibi.
The St. Louis Republican of Thursday says:
In the Criminal Court yesterday a singular
case of mistaken identity, linked with stroug
circumstantial evidence, was developed. Smitu
Jennings, a young man of respectable parentage
and connections, living at ueuevue, Uallioim
county, Illinois, visited St. Louis with a friend
of his named James Long, ou October 13th,
lBb'.i. nicy stopped at a boarding-house kept
by Mr. W. B. Thompson, near the stock yards.
After supper they visited the theatre, aud after
returning went to bed between eleven and
twelve o'clock. About eight o'clock next
morning, and after breakfast, they took
a stroll aDout tne norm Missouri
stock-yards, being somewhat acquainted there.
After a short stay there they took the cars for
the Iron Mountain 6tock-yards. Keturnlng from
there, they concluded to take passage on the
steamer Balrd for Clarksvillc. Jennings here
parted with his friend Long, and agreed to meet
bim at the boat before starting time 4 o'clock.
The time of starting arrived, but Jennings did
not make bis appearance, and Long concluded
to wait for bim. lie hunted a number of places
in vain, and finally concluded he had giveu him
the slip and started home. Ou Friday morning
be went in search of him to Clarksville, and not
finding him there, returned here on Sunday.
By this time he had come to the conclusion
that ho had fallen into some of the
seductive snares which are supposed to beset
rustic youths in a large city, lie visited police
stations and examined the records in valu for
tho name of bis friend. Here ho gave up the
hunt and returned to Bellevuo, where he was
rigidly interrogated by Mr. Jennings as to the
whereabouts of his sou. He told him all, aud tho
father immediately came to the city. Hero he
hunted every place where he thought the young
man might be found, in vain. He visited aud
made inquiries at Alton. Hearing nothing
there, ho went to Clarksville, where a letter
from bis son met hiin, telling him that he was
In jail for stealing some rings, but that bo was
innocent of the charge. The father immediately
came to the city and balled him out. Smith
Jennings had bceu incarcerated there nine davs.
About 3 o'clock lu the afternoon of the day
that young Jennings and Long arrived in St.
Louis, a young man who must have borne a
remarkable resemblance to Jennings visited
Mr. W. L. Warren's jewelry store on Washing
ton avenue, and asked to look at some plain
gold rings. Three were shown bim, and while
Mr. Warren's attention was temporarily turned
away, the young man managed to abstract two
of the gold rings, and replace them with rlugs
of brass, very similar. He was remembered by
Mr. Warren's father.
Next day, during the afternoon (aud after
Jennings bad parted with Loug at the boat),
Smith Jenulngs, in strolling up Washington
avenue, concluded to purchase a ring, and, uu
fortuuately, went into Mr. Warren's store.
There bo called to look at Borne plain gold ring.
The elder Mr. Warren, on the lookout for the
ring thief of the previous aftornoon, at once
pointed him out to bis son as tho thief. Jen
nings became alarmed at this sort of treatment
and started for the door, when he was brought
to a hall by the presentation of a pistol In the
bands of the Junior Warren. He got ont of the
door, but was immediately captured aud held
until a policeman took him in charge.
He was examined before Judge Schooner, and
held to answer the charge of graud larceny la
the sum of $1000. Mr. Warren was positive
of the identity of the thief. The grand jury on
the same evidence found a bill against him, and
on 'luesday the trial commenced and closed
yesterday. The evldonce was clear that Smith
Jennings and the ring thief were not one and
the same persons. Long swore positively that
be was with him all tho time from their arrival
in the city np to tho time they parted at the
boat on the afternoon of the 14tb. Other wit
nesses substantiated this, aud a clear case of
alibi was proved. The case was submitted to
the Jury without argument, and after a very
brief absence they brought in a verdict which
stated that they, the Jury, "do hereby agreo not
to find the d pendant guilty." Judge Prlmtn
demanded to kuow the mcaulog of such a ver
dict, and it was amended so as to read "not
guilty." The prisoner retired profoundly con
vinced that there was danger in a city where a
thief looked the counterpart of himself.
THE ONEIDA.
The Gnffllflh Pre on the DUnnter.
The Pall Mall Gazette, of March 9 says:
When the news came from America that the
captain of the Bombay, after running down the
Oneida, had calmly pursued his course, leaving
the crew of the sinking ship to perish, we at
once expressed a confident belief that tho story
would prove to be nutrue. Indignation at tho
Britisher is a favorite pastime in the United
States; and that an American ship of war should
be run down by a British packet-boat, a mere
mail steamer,seemed very likely indeed toarouie
susceptibility and to stimulate accusation. We
now sutler the humiliation of suspecting that
our confidence was not quite justified by tho
facts.
So far as they are known, they quite account
for tho indignation which seems to have spread
throughuut the Union like fire in prairie grass.
In America it is asserted that when the Oneida
knew her danger she ilred her guns to signal
ber distress, aud that the Bombay nevertheless
went on her way regardless. That still seems
to ns an almost iucrediblo story. But what is
the explanation (as far as we know it) on the
other side? It Is said, in behalf of the captain
of the English ship, that he was quite unaware
that the collision was at all serious: "ho did not
think the Oneida could have been much damaged,
and continued his voyage to Yokohama." Cer
tainly this is very strange. A shock so great as
to destroy a ship-of-war is felt so little by the
vessel which struck her, that her captain carries
on without a suspicion that any harm has been
done. Nor docs he hear the distress gun.
Surely there must bo some explanation ol atl
this which docs not yet appear; most earnestly
we hope so, and cling to the belief that the story
is not yet complete. Bad as appearances are for
the Captain of the Bombay, it is not possible that
he should pursue his course simply indifferent
to so dreadful a calamity; still it is difficult now
to avoid very grave doubts as to whether ho
exercised that care and caution the absence of
which under such circumstances almost amounts
to a crime. However, it is too soon to condemn
him. We only hope it is not necessary to say,
meanwhile, that this calamity weighs very
heavily upon all England; and that our anxiety
about it is at least as great us the indignation of
America. ,
YACHTING.
The International Yacht liner.
The Cambria is now in RaUey's slips, will be
launched about the 17th instant, and will be off
Brighton on the 14th of April, preparatory to
tho races, which are expected to take place
between this vessel aud the American schooner
Sappho. It is understood Mr. Douglas, the
spirited owner of tho latter vessel, has not yet
decided upon Mr. Ashbury's propositions, which
ire btated to bo three races round tho Wight,
round Cherbourg and back, aud Eddystone aud
back, with time allowances; or three races over
a triangular course, round the Nab and
Oares light, with steamer moored twenty miles
out at sea (a time race); or three races, sixty
miles dead to windward and back (no time); or
three races around tho Wight (no time). Every
care has been taken in the selection of the navi
gation master to take the Cambria to New York
on the 4th of July. Mr. Graves, M. P., Captain
Sir James Anderson, Captain Judkins, Captalu
Lott, of the Russia, Captain Balluntlne, of tho
Montreal line, have advised Mr. Ashbury on the
above appointment, and the selected master is
one already well known in Liverpool and else
where for the remarkably rapid passages ho has
made across the Atlantic in command of clipper
ships. The Cambria's alterations this winter arc
not numerous; ber bulwarks have been raised
and more sheer given, and her bowsprit more
sheer; additional largo portholes on eueh side to
rapidly carry off a heavy sea, and three or four
tons of lead ballast will comprise the material
alterations. hell's Life.
GENERALITIES.
The Funeral ot FranrN I.ousaila.
The funeral of the late Francis Lousada, Bri
tish Consul for Massachusetts and Rhodo Island,
took place this afternoon in Trinity Church,
Summer street. The remains were at 2 o'clock
escorted by friends and connections of the de
ceased from bis late residence, No. 5 Beacon
street, to tho church, aud placed in the broad
aisle. The embalmed body was enclosed in a
mahogany casket covered with black broadcloth
and beautifully mounted in silver, aud bearing a
silver plate containing the name of the de
ceased. The pall-bearers consisted of F. W. Grantham,
Vice-Consul in Boston; Joseph Iaslgl, Turkish
Consul; Fedcrico Granados, Spanish Consul;
John Schumacher, Bavarian Consul; W. Arthur
Lauen, French Consul; II. J. Murray, tho Eng
lish Consul at Portland; General William Schou
lcr and Judge Russell.
At the couclusion of the services the remains
were exposed to view, and theu temporarily
deposited in the vaults of tho church, until
English friends shall decide upon its final resting-place.
Boston Traveller, 2 Uh.
Alexandria and Washington Knllrond.
The Alexandria aud Washington Railroad
was, at half-past 11 o'clock this morning, put
Into the possession of Samuel M. Shoemaker,
President of tho Aloxandrla and Washington
Railroad Company, by Sheriff O'Neal, of this
county, under a writ of habere facia pontes
ninufhi issi-ed from the clerk's office of the Cir
cuit Court of this county, and at the same time,
in pursuance of an order of the Circuit Court of
the United States for the District of Virginia,
the receivers, O. A. Steveus and W. J. Phelps,
appointed by a former decree of the said Court,
made a formal delivery of the road and its ap
purtenances. The trains are now ruu under
the new management. Alexandria Gazette,
March 23.
The University of California is to consist ot
five colleges, to be known as the California
Hall, the College of Letters, the College of Agri
culture, the College of Mechanic Arts, and the
College of Mines. To these are to be added the
Astronomical and Magnetic Observatories, the
Faculty Lodge, and the bouses of the Professors.
The colleges are to be each two stories high,
with basement and attic, built of brick and Iron,
the floors supported by iron girders, aud thor
oughly earthquake proof. All the materials to
be used in the construction of the University are
of native manufacture and production, with the
exception of the glass, which must be imported.
SECOND EDITION
LATEST BY TELEGRAPH.
TO-DAY'S WASHINGTON NEWS.
Tho JPrcsidcnt and tho Army Bill.
Newspapers and Gen. Butler.
Steamer Launched at Chester
This Morning's Cahlo Qaotations.
I'ROM WASUlJiGTOJi.
Nrnntor Wllnen'a Army mil.
Washington, March 20. The President, in
conversation, having read 8enator Wilson's
Army bill, expressed his approbation of it in
most particulars. The President thought at
least the grado of Llcutenant-Oeneral should bo
made permanent
lie was also in favor of raising all chiefs of
staff to the grade of brigadier general, at least.
It appears that Logan's bill, notwithstanding it
does away with several hundred officers, the
increased pay granted to those who remain will
amount to considerably more than the expense
of the army on its present footing.
Grnvrnl Uutler and the Newspapers.
General Garfield was among the witnesses ex
amined yesterday by General Butler's news
paper investigating committee as to the prema
ture publication of the evidence taken by the
Banking and Currency Committee in the gold
conspiracy affair. General Butler's investigation
is grievously agitating some of the correspon
dents, who have an idea that be means to cate
chise them about all they know concerning lobby
jobs and their connection with disreputable
transactions.
Thus far Butler appears not to htve touched
upon the point, but it is said ho is reserving that
branch for tho end of the investigation. His
object is said to be a good one, to wit, tho ex
pulsion from tho reporters' gallery of all news
paper men concerned In lobby schemes.
JT1WM Til E ISTHMUS.
T.ntrtt Month American Advlncs.
New York, March 20. The steamship Alaska
brings Panama and Aspiuwall dates of the 17th
Inst., and .28,0U0 In treasure from California.
Among tho passengers is J. W. Caldwell, Minis
ter from Bolivia to the United States.
Guatemala advices state that the revolution Is
over and tho chiefs of tho rebellion beeu cap
tured or shot.
A slight earthquake was felt at Salvador on
tho !Jth inst.
Tho gunboat Nyack, of tho Darion expedition,
had received damage to one of her masts and
would be sent to Valparaiso for repairs, the Re-
saca taking her place.
A conspiracy against tho Government had
been broken up at Panama by the arrest of
some half dozen persons, who were subscquutly
released on taking the oath of allegiauco.
Large quantities of butter shipped from Now
York to the Isthmus had becu f juud adulte
rated with grease.
The Government o, Ecuador is to demand
satisfaction of the United States for a violation
of the law of nations, in that tho gunboat Nyack
bus been making topographical surveys aud
maps of the Gallipagos islands. There is no
doubt that the Senate of Bogota will confirm
the treaty with the United States for the con
struction of the Darion Canal.
South American ad rices state that the yellow
fever has made its appearance at Rio Janei ro.
Foreign vessels hereafter are to be porB tted
to engage in tho coasting trade In Brazil.
Chilian advices stute that one Orelio Antonio
has proclaimedjhimself King of Arauearia aud
Patagonia, and defies the Chilian Government.
He is a Frenchman, and has ingratiated himself
with the Indians of those territories. Chill
would send troops to squelch him, and trouble
is anticipated, as the Inclans will adhere to the
new adventurer.
A Valparaiso letter states that Lopez and his
few forces are in great misery. Desertions are
very numerous, and his cause is hopeless.
The gunboats Nyack, Resaca. and Onward
were at Callao Feb. 20. The Kearsarge had
gone on a cruise southward.
Tho Legislature of Colombia have passed a
bill recognizing tho belligerent rights of tho
Cubans. The mixed American and Peruvian
commissiou have awarded the following claims
to Americans: S. Crosby & Co., $10,000; R.
Hardy, $2500; A. Rosenberg, $21,924; J.
Thomas, $4500; II. Milllgau, $75,000; F. Isaacs,
88000; Rudcn A Co., $7000; F. Graunan, $7000;
Johnson k Montano, 411,000; A. Eggart,
$11,000; George Hill, $0000; and Charles Weile,
United States Consul. $35,000.
The sale of the Boston Ice Company was
robbed of $3500 on the night of March 3, at
Aspiuwall.
FROM THE WEST.
fx eo lit Inn at I'eiublna.
CnicAGO, March 20. A Pomblua letter dated
March 7 gives the particulars of the execution
of a man named Scott. At the time the Schultz
party were captured In midwinter, Scott, a
Canadian, was of the party, and ho, it is 6ald,
had been released on parole.
At the time Major Boulton and Schultz were
camped at the Scottish Church, Scott joined
Boulton and Schultz the same evening he was
released. A few days thereafter, when Boitltou'
command was captured, 8eott was taken with
arms in his bands. In duo time a court-martial
convened, and Scott was tried and found guilty.
He was shot in front of Fort Garry.
All is quiet in the Red River settlement now.
Bishop Tasko had arrived.
There is no doubt that Goldy was also shot, as
previously reported.
The Keokuk Riot.
Keokuk, March 30. Tho shorlff returned last
evening with thirty-seven more prisoners from
among the ringleaders of the riot at the Gov
ernment Works at the Des Moines Rapids. All
were lodged in jail to await a hearing. The
strikers still refuse to resume work, and swear
death and destruction to those who do. It is
feared that the canal embankment will be cut
and the works flooded.
FROM XEW YORK.
Hhlp News.
New York. March 26 Arrived, eteamors
Alaska, from Asplnwall; Northumbrla, from
Palermo; Saxonla, from Hamburg; aud Rhtln,
from Bremen.
FROM TUE STA TE.
Nteaaier Innehed at Cheater.
Bptcial Despatch to Tht ISvtning TeltgrapK
CiiFBTF.R March 20. Messrs. Rcaney,
Son & Co. launched this morning at their
works at this place the Iron steam collier Hercules,
for the Philadelphia and Reading Railroad Com
pany. Her dimensions are as follows: Length
over all, Urn Icet; twain, 67 leet; depth, 15 feet;
cargo capacity, 1000 tons coal. The steam col
lier Achilles, of the same dimensions, sailed two
days ago for Boston, with 1000 tons of coal. This
company aro building two others of BOO tons
capacity, one at Mcssers. Harlan, MoWngsworlh
A Co.'s Wilmington, and another at Chester.
COM 12 8 8.
FOKTV-P1IMT TBIini-NBOO.NU HIC4XION.
Ilonne.
The House met in Committee of tho Whole
for debate exclusively on the tariff bill.
FROM EUROPE.
This Marnlna-'e Quotations.
By tht Anglo-American Cable.
Lon ion. March lis ll-au A. M. Consols for money.
W;lor account 9.W. KnltHd Nt-ates 5-SOs of 186J,
90',; old, E9; 10-408, 86!'. Erie Hull road,
iX ! iinnois uentrai, uojtf ; ureal western, stf.
1ondon, marcn i.insceo uanes quiet, uennea
Petroleum dull at is. Hd. Linseed Oil dull.
Livkrfooi. March ao H -80 A. M. Cotton opened
quiet and unchanged. Tli sales are estimated at
1U.UUU DB1C8.
iboai inTDLLiauwcri.
The .Mrrrnntlle Library and the Bandar Ques
tion.
Cvurt of Quarter Seiin$.
lllQ Yll nm I !W. A 1 1 1 rl a t) l-i(i.n Van nminii Pn J In
court and filed an answer lu behalf of the re
spondents in the case of the Commonwealth ex
relatione John C. Granger vs. The Directors of
the Mercantile Library Company. Last Satur
day, in accordance with the petition ot the re
lator, Judge Read granted a motion for a rule
on ucienuants to snow cause why an alternative
writ of mandamus shall not issue, returnable to
the first Monday of April, 1870, commanding tho
said respondents to keep the Mercantile Library
open as a reaaing-room on every Sunday be
tween the hours of 2 and 8 o'clock in the after
noon, or signify to the Court some reason to the
contrary.
The answer of the respondents, after setting
forth their standing in court, declares that they
are advised by their counsel, and believe, and
hence so allege, that there is no power, nor was
there at the time of granting said rule, voBted in
said stockholders, enabling them to order the
said directors to open said library on Sunday.
The actlou of the meeting of stockholders, at
which but one hundred and twenty-six were
present, ordering tho directors to keep the
library open on Sunday, is then recited, together
with the action of the board in providing for a
vote upon tho question during tho mouth of
April, as already given at leugth in these
columns.
Tho respondents then say that at tho next
meeting of tho board after tho passago of tho
resolution ordering tho library to bo kept open
on Sunday, and at which its passage was coin
municutcd to them, there was presented to the
directors the petition ot two bundled und thirty
stockholders, hastily procured, protesting
against the opening of the library ou Sunday,
and requesting the directors not to open the
sanio on that day; thus suggesting to the
directors tho expediency of obtaining a fuller
expression of tho bcuso of the stockholders in
the premises beforo they should take action
thereon. Also, that the charter of said com
pany provides that tho said '-Board of Directors
shall have full power to make and alter such
rules aud by-laws as they may deem nooesar3'
for the well-being and duo niauagcmout of the
affairs of the company;" and that in accordance
therewith the board have established rules for
the opeulng of tho library.
The answer further savs that tho respondents
are advised, and accordingly suggest that tho
opening of said library ou Sunday would be 1h
violation of section 1 of tho act of April 22d,
17i)4, which prohibits the performance of worldly
employment on that day.
In view of all these circumstances, tho re
spondents deny that it Is or was their duty to
open the library on Sunday, and pray that the
court will discharge the rule for an alternative
mandamus, at the cott of the relator.
Judge Read subsequently delivered a short
verbal opinion refusing the rule, upon two
grouuds first, that this Court bad no jurisdic
tion over the matter, this not beiug an original
actiou; and, second, if this Court had jurisdic
tion, yet this was a proper case for the equity
jurisdiction of the Common Pleas, and there
fore the Nisi Prlus would not take cogulzuuec
of it.
Commonwealth va. Jark et nl. Quarter Sc
kloun -Opinion by Judge Allisuu.
Rule on behalf of James O'Connor, prosecutor,
to show cause why execution Bhalt not issue
against the city for costs.
The bill of indictment, which charges the
defendants, Tack et al., with conspiracy, was
called for trial in April, 1808, and has endorsed
thereon tho following entries: April 23, 180$
The jury nnable to agroe, and discharged by tho
Court from the furthor consideration of tho
case; January 20, 1809 Verdict, not guilty, and
couuty pay costs. Tho prosecutor's costs, as
taxed by tho Clerk, amount to $2729 6$. To
enforce the collection of this claim the presont
rule has been taken.
The act of the 81st of March, 1SO0, provides
that "in all cases of ucqultals by the petit jury,
on indictments aforesaid (other thau felony),
tho jury trying tho same shall determine by
their verdict whether the county or tho prose
cutor or tho defendant shall pay the costs, or
whether the same shall be apportioned between
the prosecutor and the defendant, and in what
proportion." In this case the jury have deter
mined that tho costs shall bo paid by the county,
and this, in the case of Baldwin vs. The Com
monwealth, 2 Casey, 171, was held to iuciude
cos. s which had accrued ut previous terms of
the court, as well as tho costs of the term at
which tho case was decided.
Upon the verdict, which was recorded as of
the 20th of January, 1809, no judgment has been
entered. There U a finding, or, lu tho language
of the act, a determination by the jury thut the
county should pay the costs. Is this, uuder the
law of the lund, a conclusion of the whole mat
ter ? or does the verdict as to payment of costs
require tho approval by the court, lu tha form tt
an order or judgment entered thereon, before
execution can issue, at the instance of tho pro
secutor, for tho collection of his taxed costs? If
this was the case of a verdict of acquittal, with
direction by the jury that either the prosecutor
or the defcudaut should pay the costs, It will
hardly be pretended that, until the fiudlug of the
jury bad been followed by judgment or sen
tence, tho mere verdict could be enforced
by attachment, aud commitment iu default of
payment.
We speak of a successfal prosecution of a de
fendant charged with the commissiou of a
crime, as having been convicted and sentenced.
In tho case of York County vs. Dalhousen, 9
Wright, 875, the court say both Ingredients are
necessary to accomplish a final result. They
are distinct acts or processes towards a result.
The one is the act of the jurv, and the other the
act of the court. The conviction and the sen
tence are each liable to be attacked, and tested
separately one for errors in the trial or mis
takes by tho jury, and the other for errors In the
Judgment.
Chief Justice Thompson, in the case last cited,
Quotes from Blackstone, vol. 4, page 863, as
oflnlng the term "convicted," which is, finding
the prisoner guilty in manner and form as he
stands indicted. But this conviction is not a
final determination. It may be set aside and a
now trial ordered, or it may be followed by.
sentence or judgment. Punishment of fine or
imprisonment, or both, does not follow the
vcrdlct nnless it is approved by the Court and
judgment has first been pronounced on the
verdict. '
As Blackstone lays it down, the next stage of
a criminal prosecution, after the trial and con
viction are past, is that of judgment." This Is
referred to in this connection, for the purpose,
of showing that before process can issue to
carry Into effect a verdict there mu9tbe Judg
ment by the court. And this must bold as to
every verdict which requires the interposition
of the court to carry It Into effect. If the de
termination of the jury In this case, by wblch '
the county is ordered to pay the costs, is in '
itself tho final result, and is in itself a judg
ment, then tho parties claiming costs do not,
need tbo older contemplated by tho rule, whiuh
they have taken. Process on a judgment is of
right. If tho verdict does not give a right to
execution, theu the prosecutor is bofore his.
time, in asking that tho rile be made absolute.
He should first move lor Judgment on the ver
dict or ou that part of it which dlsposos, as far ;
as a mere verdict can, of the costs of the prose-
cutlon.
1 his would of Itself be sufficient to require us
to discharge the rule, and to refuse tho execu
tion, which we are asked at this time to award.
But as we think there is a good reason why we '
should not enter jodgmont on tho verdict for '
costs against tho city, we may as well state them '
at this lime.
Tho cousplnicy with which the defendants .
were charged iu tho indictment grew out of,
speculations lu oil, to which the prosecutor,
O'Connor, and the defendants were parties.
As a consequence of the alleged conspiracy, 1
O'Connor asserted that bo had been defrauded '
out of a large sum of money by the defendants. '
The indictment was found at the March sessions
of 1WW, and, after a protracted trial the jnry,
not being able to agree upon a verdict, were dis- -charged.
At tho January sessions of 1869, the ,
bill was laid beforo tho Jury without evidence, .
and a verdict of not guilty was rendered. The
Tirl2iimT 1,1,1 una ahanrtnnrl h V, n TltatwtM. '
Attorney with the consent of O'Connor, and by
an agreement between him and the defendants, '
all questions of dispute were withdrawn from '
the several courts iu which they were pending :
and referred to an arbitrator for final determina-;
tion.
This, it Is true, docs not appear upon the ,
record, but was admitted by the counsel for '
O'Connor in the argument submitted by him, '
and ire the facts which transpired in the pub- :
lie conduct of the prosecution, and are therefore
known to and within tho breast of the Court,
us the li.w expresses it.
The act of theillstof March. 1800, has been
cited, and by the terms of which, it is con
tended, the city U fixed for the costs. But this
contemplates, in our Judgment, something
more than a formal verdict, such as was ren
dered iu this case.
The statute does not give to the jury an pn-
limited uud unqualiilcd power over tho costs, in ,
every case of an acquittal of a defendant
charged with having committed a misdemeanor.
Its directions are, that tho Jury tryiug the ;
ofTonse shall determluc whether tho county or '
tho prosecutor or the defendant shall pay the '
ensts, or whether they shall be apportioned be- '
tweeu tho prosecutor and the defendant.
This implies a trial, and a trial upon tho .
merits. For unless tho jury have heard tho cose ,
upon its fucts, unless they have Investigated it
upon its merits, how can they find tho fact
which they arc required to dispose of, as to who
ought to bo punished with costs? They may be- '
lieve from tbo testimony thut the prosecution
was groundless, or that it was instituted from '
improper motives, and in rendering a
verdict of not guilty they may, under ,
the law, direct that the person who Instituted the ;
prosecution thall pity tho costs. Or tho evidence
mny require them to acquit upon the plea of the '
Hatute of limitations, or because the testimony '
docs not establish tho charge as laid in the ,
indictment, though showing conduct worthy of
blame in the defendant. In cither case they are L
empowered to impose the costs upon him who
Is declared by their verdict notgnilty iu manner '
mid form as he stands indicted. If the jury do
not find tho charge proved beyond reasonable
doubt, and have no reason to Impeach the in- '
tegrlty of the prosecutor, they may determine "
that the costs shall be paid by the county, and '
if the justice of tho case requires it they may '
apportion all the costs between the prosecutor '
and defendant.
It is impossible that this can be done with
understanding unless the juryhuve heard the '
witnesses; lor wnnout suen lignt, as can In this
way only be shed upon the case, they cannot
know where the costs should fall. It certainly 1
was never intended to leave the disposition of
an important question in the cause to caprice or '
to mere guess, or to allow that conclusions
should be arrived at by groping In the dark. It .
is a verdict which involves the payment of
money, and to tho prosecutor or tho defendant,
as the case may be, it may be followed by im
prisonment, upon default of payment, after sen
tence ou the verdict.
The case before us is an illustration of the op- L
prestioii which u verdict as to costs may be if .
followed by judgment. If it had been imposed ;
on the delendanis, it might have resulted in no ,
slight inconvenience to them; and to the city of j
Philadelphia it is a burden which it ought not
to be required to bear, unless the law and the '
justice of tho case require it at her hands.
We have said that the act of 1800 contem
plated not a formal verdict merely, but a trial
of the question of the guilt or innocence of the
defendant. A trial is defined to he the exaiui- '
ration, before a competent tribunal, according
to the laws of the land, of tho facts put in issue
iu the cause, for the purpose of determining
such issue. A trial by jury implies the proper
selection and sweariug of tbo jur',
the examination of witnesses, or the
submission of documentary evidouee, or both;
the right of counsel to address tho jury upon
evidence, and the formal determination of the
Issue by tho jury, in the form of a verdict. The
record docs not iu this case show a trial upon '
the merits, and it is admitted by O'Conncr, that
the bill was submitted us the result of a com
promise, without proofs; that this mode of
settlement was carried iuto effect by the agree
ment of the prosecutor aud the defendants.
This verdict is doubtless good as it stands for
some purpose. It would bo good as a defense
upon a retrial of the defendants, upon the plea
of autrefois acquit. But we hold there was no
such trial as to warrant tbo jury in determining
that tho couuty shall pay the costs of the prose
cution. To recognize that which has been done
as binding on tho county would bo to permit
parties, prosecutor and defeudant, in effect, to
determine a question which the law says the
jury shall try uud determine.
'1 he taxation of prosecutor's costs was not
appealed from, and this perhaps is conclusive
upon the question of their amount, and if be is
not satisfied with the vlows as expressed by as,
ho has a right to bring suit against the city
for the recovery of what he claims to bo due to
him, and In that way test tho liability of the
city upon the verdict. Or by application to the
Supremo Court for a mandamus to this court to
award bim execution, he can have tho correct
ness of our conclusions passed on and adjudi
cated. - ' '
The application for execution Is dismissed
and the rulo discharged.
fbarxe of Eaibezzlement.
Court of Quarter 8ensionJudg Ptiroe,
Dauiel 8. C. Folwell and C. G. Folwell, the
conveyancers In Tenth street, were this morn
ing ou trial upon a charge of embezzlement.
They were by power of attorney agents for the
management of the estate of Jarvls Webster,
deceased, for the benefit of his three heirs, and
It is alleged that they collected some $700 rents
due to the heirs and appropriated the money to
their own use. On trial.