n E H i V H N A J V -JU LJ.JL VOL. XIII NO. 105. PHILADELPHIA, TUESDAY, MAY 3, 1870. DOUBLE SHEET THREE CENTS. we PEL FIBST EDITION LSGAZi mTEIXIGEItfCE. niE DISTKICT ATTORNEYSHIP Ocoiclecl at I,st. GIBBONS GOES OUT. hcppard JSlips' In. UDGE ALLISON'S OriNION. Tho Court Declares Sheppard to Have Been Elected by a Majority of 13 Votes. Quarter Sessions Judges Alltson, Ludlow, r circe, ana i-axson. This morning all the Judges appeared upon he bench, and before a large audience Judge Kllison proceeded to deliver the opinion of the 'ourt in the above mentioned case, declaring r. Sheppard to have been elected by a majority f 13. The opinion is aa follows: n the 16th day of October, 1809, this Court cided that Charles Gibbons, at the general ction held on the second 1 uesday of October, 58. had been elected District Attorney for the tv and county of Philadelphia, over Furman beppard, by a majority of sixty-eight votes. At the same term oi ine court, on the 23th ,y ot October, t urman sneppara presented bis etition, which was allowed to be filed, in which Is set lortn mat no naa made an examination the tables and estimates upon which the iude-' ent of the Court was based, and had dlsco- ered therein a number of omissions and arith- etlcal and clerical errors, to the extent of 112 jotes, showing that the petitioner was the duly Jected District Attorney by a majority of not 1:68 than 44 votes. The prayer is fer a re pamlnation of the count and the judgment Vtcred thereon, and that the Court wUl declare )hat is the tru9 vote and majority of the peti- iner. i'hls we could not have done at that time, for reason that Mr. Sheppard had, by certiorari, noved the case from this Court into the preme Court. It was no longer under our ntroi so as to enable ns to change the Inde nt which had been entered, further than to that the true record was sent to the court ve. we probably could have corrected a stake apparent upon the face of the proceed- s wnere mere was anytnme to correct by. or ere there was a plain error in the arithmetic the Court, and to this extent we wonld have It ourselves authorized to interfere with the ord before certifying it to the Supreme Court. t had been regarded as important to thus in fere with our judgment pending the appeal. these clerical errors weum not nave anged the result, we deemed it t to await the decision upon the certiorari. rther than this we could not have cone, be- lie the writ in effect was a superse'leas. Our tads were tied by the act ot the petitioner, and this reason we paused alter tne argument Vl npon the petition, both upon the merits and Ion the law ot the case as it then stood prac- ally removed to the court above, though the ord had not in iaci oecn made up and sent Jo the Supreme Court. If we bad done other- e, we would have exposed ourselves to a rare of contempt of the higher court, or our feedings would at least be void after service he writ. .12 Mod. J84. 'ihe authorities are .entirely consistent as to the light in which action would have been regarded in the rt of errors, but they all agree that after vice, and until the record is sent K nottilng can be done, except correct a plain mistake, and correction can only be made for the purpose nabling the Court to obey the command to 11 np the record, which means the correct the true record. A misprision ot the clerk mistake of the Court is the limit of our hority over the record after the certiorari been lodged in our court; unless, indeed, the gment has begun to be executed before ser- in which case the execution proceeds nn cted by the certiorari. This, however, ha application to the case of a contested elec- p, in which the court who are required to Y and determine on tne merits have nothing lio with the execution of their judgment, r power terminates with the judgment or I VVi he case of Ewing vs. Thompson, 7 Wright, is a conclusive authority upen this point. Vas the case of a certiorari allowed by the Jreme Court to the judgment of this Court in matter ot the contested election of Tbomp- vs. jawing, ine uouri say the ettect ot the t was to stay further proceedings in the conrt pw. Originally m lact, ana now always in pry at least, it takes the record out of the ftdy of the inferior court and leaves nothing re to be prosecuted or eniorced by execu i. . certiorari after judgment, like a writ of or, is, in fact, a new suit. It enables him obtains it to aver errors in the record oved, not to retry the facts in the Court ve. A judgment In it may be followed by a ial in the Court below; if the errors in law sustained. This principle was reaffirmed by decision oi tne supreme oourt in the pre- t case, the Court refusing to look beyond record, and the principles ot law npon which rendered our decision. But it has been as that our power to re-examine the case, to alter our judgment upon the merits, or ri to correct mistakes, is at an end, and that f prayer of Mr. Sheppard for a rehearing must this reason be retused. be common law principle that after the term which a judgment has been entered from ch an appeal may be taken by writ of error tneiwise, it caunot be disturbed or chana-ed. been invoked in suDDortof the objections. kihens vs. Cowan, 6 Watts, 513, contains a ug assertion oi ims doctrine. Hut it is even le qualified to some extent. The aualinea- li Is contained in the statement that it would iroing loo far to bold that the court may not. r - js .i . . . r any proceeding uas Deeu had npon the uriumv, correct a mere mistake that has eu in eutering it, flinerentiy irom what was mied and, perhaps, directed. The inn upon which the general i.rin- is maintained is that it is the f of the court in error when they reverse luioeut to give such judgment as the court w ouht to have given. This shows that the c) le is ijot applicable to the case before u-i; he Supreme Court are. as they have stated. 11 j' powerless to correct any error of fact in jtiiefu-a election. Stephens vs. Cowan, ana r authorities there cited apply to eaaes in lb ti e court above can grant relief bv a tenon oi me judgment, which they canuot i this case, for the cause assigned in the lion. Tbey cannot do here what it is said Mod.. 8, the Judges are to perform, "to pi as well as to affirm or reverse," and to eedv Justice to the parties. In Castle vs. fcoids (10 Watts, 52) the doctrine sought to ypjied against the petitioner 14 stated thus: "A judgment obtained by trial and verdict 1b, except in very special cases, out of the power of the court after the time at which it was entered." This admits there are special cases in which after the term ended the power may be exercised. In Dyott vs. The Commonwealth (5 Wbartqn, 80) the doctrine laid down is applica ble to a judgment in the Quarter Sessions npon a verdict ot guilty, and is in some respects analogous to the case of Commonwealth vs. Maloy (7 P. F. Smith, 291). Catlin vs. Smith. 2 Watts, 879, is the strongest Pennsylvania decision cited against the power of the court to go back upon its judgment and open it for the correction of errors and mistakes, liut there three years after judgment the rule to open was granted, and at the succeeding term after that was made absolute. The decision of the court was that the day of discretion was fiast. It was admitted that the opening of a ud gment was not the matter for correction on a writ of error, and that only for excess of power such order could be annulled in error. To the same purpose are the cases of Baily vs. Mas grave, 2 8. & R., 230, and Huston vs. Mitchell, 14 8. & K., S10. In Catlin vs. Robinson, Gibson, C. J., expresses himself in very strong terms against the exercise of the power, remarking: "The act imposing a limitation on writs of error wonld be of little account, if an inferior court might do at discretion what a court of last re sort dare not do by the exercise of its legitimate prerogative," In Freeman W. Franah, 12 Com. Bench, 413. it is laid down that only where delay in signing judgment arises from the act of the court, can it be entered, nune pro tunc, two terms after verdict. But admitting the full force of the principle which is Invoked as re strictive of the power of the court over a judg ment at a subsequent term, we do not think that is to be applied with the same strictness, if at all, to a statutory proceeding in the nature of a public Inquiry, complaining of a pnblic wrong, in which, though Individual citizens are in terested, the community have a much greater concern, and in which the court in error cannot correct a mistake upon the merits, committed by the court below. If relief for this canse cannot be given by the tribunal in which the proceeding is instituted, which alone can decide upon the testimony and enter judgment upon the facts as they find them, then there is not only no remedy for the suitor, but, what is even worse, the court itself is chained to its error, and cannot right itself even when the mistake is beyond question. From such a conclusion of law, founded upon a state of facts entirely dissimilar from any which can arise in an election contest, we dissent: and if it has heretofore been thought by the Court that such fetters bind them when an appeal is made for relief against error in fact made by the Court, it is time that such tetters were rent asunder and the necessary freedom to correct such mistakes proclaimed. The liberty must, however, have its limits. The application, en its face, must stow that it is well founded. It is strictly an appeal to the discretion of the Court, and may be allowed or refused on the exercise of a sound discretion. It is a proceed ing which is not to be favored except upon the plainest exhibition of a prima facie case, re quiring ine interposition oi tne uourt to correct an orror. A contrary course tends to prolong controversy in regard to the title to office, in which tne interests oi tne public are placed in peril. A strict adherence to rule should be -required in every such application. But the conclusion at wmcn we have arrived as to our power to reconsider and reform our decree is not without anthority to support it. In Cannon vs. Reynolds, 5 Ellis, and Blackburn, 301, Lord Campbell asserts a general equity jurisdiction of the Court over their judgments. Coinage, Justice, concurred, and added that the practice wasnearnowinveterate,andof every day occurrence, to set aside judgment, whether regular or irregular, whether after execution or beiore, wnicB, ne remarned, snowed their juris diction to do this Crompton, Justice, agreed that the power could be exercised, but the appli cation must be made within a reasonable time after judgment is acted on. in usher vs. oansey, 4 Maui b Beliom, 94. an amendment was allowed after judgment was given in a former term, and a writ of error was brought thereon, and pending error. The amend ment was to correct a misprision of the clerk. ihe tJourt in iongueid and lownsend, Kxcq. R. (Irish), 70. in the case of Gal was vs. Banon, aiiowea petition to amena notes oi decree, wlta ont withdrawing appeal. In this state It has been held that, after error brought on a judgment of the District Court or Common Pleas, the application for leave to amend may be made to each of those courts, while the record remains in it, though the writ oi error nas ceen shown to the court. Jfrony vs. Stone, 2 Dallas, 184; same case, 1 Yates, 186. The amendment was allowed on the authority ot Pickwood vs. Wright, Henry Blackstone, 643. in spacKman vs. isyers, t s. ana it., 885, the record was sent back for amendment. Rhoads vs. Commonwealth, 8 Harris, 27(5, de cides that amendment can be allowed after term at which judgment is signed. Gibson, C. J., says the notion to the contrary is exploded, and has yielded to necessity, reason, and common sense. The court in which judgment is entered may allow amendment of the record, even after error as between the parties. Crutchen vs. Com., 6 Whar. 340; Chewes' Appeal 9 W. S. S 152. See also 1 Dallas, 133-5; 5 Binney, 60; 5 Bnrr,273. These authorities make it abundantly clear that the Court possessed the most ample power to allow the petition of Mr. Sheppard to be filed, and some ot them would seem to indicate that the correction of errors and mistakes, If not a correction of the judgment, might have been made after certiorari service, and before the record of the canse was sent up. But the latest case, and the one strictly analo cous to mat wnicn we are now considering, of Ewing vs. Thompson, holds th contrary doctrine, asserting that our proceeding would have been void, if, indeed, such action would not hare placed ns in contempt. We were, therefore, required to rest until the deel Elon of the Supreme Court upon the case as it was heard on certiorari, and we thought it was but respectful and proper that we should pause while it was before Judge Read upon a motion for a special injunction to restrain Mr. Sheppard irom iurtner proceeaing to prosesute to hearing and decree the matters set up in his petition. Tho way is now clear for such action as this court, after mature consideration, has decided ought to be taken, in order to ascertain the truth of the averments contained in the petition to reiorm our ueeree. Upon the pleadings we have nothing before us but tho original and amended petitions of Mr. Sheppard. Mr. Gibbons disclaiming upon the last argument, in open court, all responsi bility tor the paper, entitled answers to Mr. Shcppard's petitions for a rehearing, which were reure the court upon the former argument. Following the disavowal of Mr. Gibbons, these answers were, with leave of tho court, with drawn by .Mr. Mauu, who was counsel for Mr. Gibbons. We might therefore content ourselves with an examination of the matters contained in the first and second petitions of Mr. Sheppard, tlero being no reply or answer before the court, although tho statements contained in the answers, which were considered at great length upon the first argument, are In fact, If not in Jorin, be lore us. , It was admitted by counsel representing both of the parties to the proceeding that the purging of the polls bad heretofore proceeded upon an erroneous bads. That instead ef deducting the illegal vote from majorities it should in each case have been deducted from tne whole vote in the division; and that the mode npon which results were, obtained in the former hearing worneu to tne aisaa vantage oi tne petitioner. To this error into which counsel on both sides fell, upon which their calculations were based. ana upon which their arguments wera con etrucUd, is to be attributed, la part, the results declare! in the former opinion of the Court. And 't is by an abandonment of this conceded mistake, and the adoption of a rnle now ad mitted to be the correct mode of purging a poll of its illegal votes, that a more accurate con clusion of this protracted and vexatious litiga tion has been reached. Out of nearly two thousand pages of testi mony, assessment lists, tally lists, and lists of voters for each election division, the manifest Ignorance, bias, and evident falsehood of many oi those who were required to testify before the Examiners, it is often eifllcult in the extreme, and often impossible, to get at the truth of ' the controversy. As an illustration of this remark, it may be stated that every calculation or table of results which has been prepared by counsel have differed the one from the other. Upon the rehearsing, we have had in effect four statements prepared by counsel for the petitioner, two answers afterwards withdrawn. and two statements submitted by Mr. Gibbons, i every one differing in statement and conclusion. we can claim to have given the case a most careful examination, with all these lights to aid us. In this examination we have adhered firmly to the principles contained in tne opinion of the Court which was delivered by Judge Brewster. In nothing have they been varied or departed from. We have confined ourselves to the correc tion of the account, where figures have been required to be placed into it, in consequence of accidental oversight; with an abandonment of an admitted error in the mode of stating the ac count in purging a poll, and with the revision of our judgment upon the evidence, as to whether votes to be received or rejected are legal or Illegal votes. The strictest line of proof has been applied to every voter, and the result of the investiga tion will be stated in summing up the corrected tables of the divisions to which our attention been directed. We have refused credits which have been claimed in every instance, in which the testi mony as to the voters, who were prima facie illegal, did not show that at the time at which tbey offered to deposit their ballots the offer was supported by the proof which the law de mands. The vouching by election officers with out making the requisite proof in each case, we rejected. We bold that to enter npon the list of voters that a voter was vouched for by a person whose name is written upon the list, is not in itself a full compliance with the law. In no case has a vote been counted as legal where the proof showed that a person who was assessed as re siding at a place designated upon the assess ment list had removed therefrom before the election, unless it was established by evidence that he had not removed from the election divi sion. We place to the credit of Mr. Sheppard thirty of the thirty-five votes of natnralized citizens which were refused because the voters held cer tificates of naturalization issued by the Supreme Court. This credit of thirty six is reduced bv six, because it is admitted and allowed by the petitioner. The full credit was given to Mr. a ox in the decision or the Court, which was made in October last. The thirty-six votes were allowed becanse we regarded the polls as to tnoBe voters ciosca against tnem. lhey offered to vote, and were In place to be challenged upon every ground of qualification, but were tnrned away from the polls upon the single objection that they had been naturalized in the Supreme Court. The proofs were that they intended to vote for the petitioner. As to these votere, Judge Brewster remarks: It is established by thirty-six persons that their votes were rejected, although they were duly natural ized, and that they would have voted for the re spondents. Beyond all question, these voteB should now be credited to the incumbents. The papers they produced were genuine certificates issued by the frothonotary, under the seal oi the highest court of our State. No other tribunal should or can impeach its judgments, and they established the right of each of these witnesses to his vote if otherwise qualified. And if they were not otherwise qualified, under the peculiar circum stances which surrounded them, we hold that this ought to have been shown by the con testants. It was not pretended bnt that the admission of these votes was exceptional, and rested upon a different ground from that upon which other votes had been credited to the Incumbents. We decided to place them in the count, unless they were shown to be illegal, giving to them all the presumption which belongs to those whose legal vrtma facies are established. Of the hundreds who were claimed by the in cumbents as wrongfully rejected, for the same reason, 20 are all who were called, and the lair presumption is they were all who could, with safety to the incumbents, be called to testify that tbey intended to vote the Demo cratic ticket. These 36 were allowed. The rest of this claim, which, as Judge Brewster remarked, "was founded on multiplication of guesses," we rejected. In onr judgment no good reason nas been presentea wmcn wouia require us to alter our opinion as to these votes. The oversight as to this credit to the number of 30 votes is now allowed to Mr. Sheppard. in the iughth division of the .Ninth ward there was error in charging 14 illegal votes too many to Mr. Sheppard. The testimony shows that 19 fraudulent and 14 unassessed votes were polled during the last three hours. The vote of these honrs was purged to the number of 47. It should have been 33. There was charged 14 fraudulent votes, in addition to the 19, but the evidence fails to satisfy us of the correctness of this cob elusion. On the contrary, we are con vinced that they are included in the 19 false personations of the three hours, the vote of which has been pnrged. There is an admitted error in Mr. Sheppard's favor of 5 votes in the Sixteenth division of the Twentieth ward. The laborious portion of the duty which we have been required to perform was the labor of re-examining and carefully weighing the testi mony as to the individual votes which were claimed by the petitioner, in a readjustment of the account of debit and credit, in the Eighth division of the Ninth ward, the Seventh division of the Seventeenth ward, the Fourth division of the Twenty-hub. ward, and in the Sixth division of the seventeenth ward. The credits which we give to Mr. Gibbons consist of error in striking out the hourly return from Second division of First ward of seven votes. A similar error in the Tenth division of the First ward of eleven votes. We reduce the charge against him of 52 illegal votes to 41, a credit of 11 votes. To thls'is to be added the credit of 6, deducted from the 36 votes of naturalized citizens credited to Mr. Fox. We do not allow the credit of 5 votes claimed by Mr. Gibbons in his statement submttted to the Court, of an error which Mr. Gerhart, on page 90 of C. T. states is to be found on the tally litt for the ninth hour of the Sixth division of tbe Seventeenth ward. An examination of the tally list shows there is no such error. Tbe result of our investigation is stated as follows: If we confine ourselves to the petition and po not look at anything outside of it, Mr. Shep Sard's majority is thirty-five (35) votes. But to restate the account on the basis of mis takes of omission and overcharge, as well as errors in purging the polls, it will stand thus: Mr. sheppard Is to be credited with Naturalization vote... SC Error in lciu division of Twentieth ward (ad mitted) 6 Error in purging the poll 8th division of Ninth ward 19 Error In purging poll 7th division of Bevsn- tr nth, ward 39 Error in purging poll 4th division of Twenty fifth ward 3 Error in purging poll tth division of Seven tenth ward 13 Ill 'here is a deduction claimed by Mr. H&eppard lor two Illegal votes, John P. Vole and Joka F. Toie, Jr., in Fourth division, Third WaN. These are not in the original petition. If allowed, credit should b (riven for John F. Pole only, the ton is not shown to have voted i 1 Leaving for Mr. Sheppard a majority of.... 13 It therefore becomes our duty, and we do hereby declare and decree that, at the general election neld on the second Tuesday of October, 18C8, Furman Sheppard, having received the highest number of legal votes, was dnly and legally elected to the office of District Attorney for the city of Philadelphia. And we do further order, that the decree ot the 16th of October, im, oi tnis uourt, wnerem it is stated that Charles Gibbons was the daly elected District Attorney, be set aside and annulled, and that tbe decree now made, declaring the election of Furman Sheppard to the office of District Attorney, shall be substitnted, and stand for the decree which is hereby set aside and annulled. Immediately after the annonncement of this decree Jndge Allison administered the oath of office to Mr. Sheppard. Important Patent Case Decided. Vnittd Matt Circuit Court Judg CaAvmXaAtr. Fuller vs. Sibley & Stoops. Patent case. Motion for injunction to restrain defendants froml making and selling the Goderich tuck maker, an appendage to sewing machines. l'atcnt was granted to t uner June 5, law, and Goderich, of Chicago, was licensee. Injunc tion was granted. Harding for plaintiff . Ma riner for defendant. FINANCE AND COJIMI3RCL. KVKHtHO TKMBOirH Omoi,! Tuesday, Mar 3, 187U. I The bank statement for the week shows a continued flow of currency towards this city. The deposits have Increased $990,822; the legal tenders, 1014,509; and specie, 184,079. The expansion in loans fails to keep pace with the increase in resources, owing to the lack of the usual business demand for money, but they are greater than tbe previous week by $223,522. This large addition to the .banking facilities in sures an easy money market for some time to come, with a corresponding ease in the rates. We quote on call at 55)6 per cent., and prime discounts at 67 per cent. Gold opened and continued weak up to noon. the sales ranging from 114114. The decline is mainly dne to the increased sales of gold by the U. 8. Treasury during the present month. Government bonds, in sympathy with gold, show a decline of about one-half, as compared witn closing sates yesterday. There was very little doing at the Stock Board, and prices fell off. Small sales of City 6s, new bonds, at 102. Reading Railroad sold at 50'44(S)50-50: Penn sylvania Railroad was rather stronger; sales at 58; Camden and Amboy was dull and weak, small sales at 120W; Lehigh Valley was taken at 5fi(&55, and Philadelphia and Erie at 28V. The chief bids were 43 for Little 8chuylkIU; l$U for Catawissa and 87 for preferred do. ; in the miscellaneous list the sales were unim portant and prices generally weak. Dividends have been declared this morning by our city banks, as follows: South wark National Bank 8 per cent. Commercial National Bank 5 - Farmers' and Mechanics' National Bank 5 National Bank of Commerce 5 " Corn Exchange National Bank 6 " Mechanics' National Bank 6 " Commonwealth National Bank 5 " City National Bank 6 ' Corn Exchange National Bank 6 " Philadelphia National Bank 7 " National canK of Kepublic 5 " Commonwealih National Bank 5 " PHILADELPHIA STOCK EXCHANGE SALES. Reported by Do Haven & Bro., No. 40 S. Third street FIRST BOARD. 111000 C & A m 68,89 94 29 Bh Leh V R 65?, fzsuomtyes, n.is.iu-zx 148 do 18.55 tlOOOKlmlra 7s.... 94 I 1 do 657,' 12000 Pittsburg 4s.. 57 400 ah Read K...la.50-&t 111000 Phil 4 K 78.18. 83 do 60 DO.. !4 600 do IS. 60)tf 11000 do 92 109 do b30. 50 M 2000 C A Am 68. 69. 68jtf. S00 do 60tf 10 Bh Bk Of N Am. 200 dO..lB.D60. 60U B6Wn....228 200 do is. 60)tf 60 sh Cent Trans.. 60 200 iio.B5wnAi.50 44 6 Bh Cam A AR. 100 do blO. 60-44 B6wn....l20)tf 100 do bs. 60 lOOshPeana R.... 68 500 do bs. 60W 71 do . .cAp.lS. 68jtf 100 Bh O C4 A tt. b30 42 00 Bh Ph A K K.S5. 28 J at Cookr A Co. qnote Government securities as follows: U. 8. 6s of 1881, lie-in; 5-sosof 1862, 1119112).': do., 1864, lliainv: da. 1865. ill wa 111?; do., July, 18io, U3ail3f ; do. do., 1867, 113113K; 1868, 1133113: do., 10-408, 108tf 10SH ; Cur. 68, 112'U2X. Gold, 114. Nark a Ladnbr, Bankers, report tola morning Gold quotations as follows: 10-OOA.M U4V110-40A. M 114V 10-10 10'25 .114)4 .114,' .114 11-05 11-18 11-65 .U4K ..114 ..114 10-30 " THE N. Y. MONEY MARKET YESTKUDAV. Prom th K. T. Herald. "A brief DaragraDh in a Washington letter this morning, announcing mat Treasurer Hpinner had sold t hfe gold belonging to the sinking and special fund now in its custody led to an inquiry at the bub-Treasury here this morning, when it was dis covered that 11,000,000 in goia tne com equivalent or tne way coupons neia or ar, spinner in tne fund referred to and been Bold in the Gold Room on Saturday through a Wall street firm of brokers, and the proceeds reinvested in Government bonds to be added to the fund. Hereupon certain parties, Inimi cal to Air. itoutweu ana ine uovernment generally, endeavored to magnify a very trilling matter into an affair of (state policy as affecting the finances of the country. Mr. Bout well was denounced for reviving the secret sale system of Mr. MeCulloch, and for wilfully violating his express poflcy of advertised sales. Doubtless Mr. Uoutwell was ignorant of Mr. Spinners procedure, or, if so, regarded it as the best way of converting the coin belonging to the Kinking Fund. The very parties who cry out against this alleged secret sale are well aware that unon anv dav the Government adrer. tises to sell a million oCgold every dollar bid for may be sold even It the total proposals should be ror ten millions, as to the secrecy or tne trans action, the order was given through the malls to ABBlBtant Treasurer Folger, who applied to the nearest and next-door broker and executed tUe commission of Mr. Spinner. The latter gentleman was desirous or clearing np tue siukiag Kuud account for the 1st of May, and sold out his loose gold in order to make tbe character of the fund uniform for the debt BtatemenU "Tbe influences of tne matters referred to above were felt lu the various markets with more or less effect. The Government list on the early announce ment of the large Treasury purchases for May was strongly active, the 67 'b leaning tue way to 114 v as against 113 on Saturday. Later In the day, with the decline in gold and the unsettled fueling arising from the discovery of the Government transactions on Saturday, the market reacted; bnt upon the showing of the heavy reduction in the public debt prices became strong again. "Tbe gold market was strong upon the light gold sales proponed for May as contrasted with tbe gene ral expectation, based on the ability of the G vern inent to sell, and the price toncked 116V soon after toe opening oi tne noara. rne private saie oi gold on Saturday became known about noon, when the price declined te 114. tbe speculators for a decline exaggerating the action of Mr. Spinner. As soon aa ine real character or the transaction became known the rjrice advanced to 116V. but UDon the flattering exhibit of tbe reduction in the public debt fell off to and closed at 114. "Tha forelirn exchange market was nominal lower, but in reality tinner. The leading bankers reduced their rates for sixty days' sterling to 109 w. as against 109 at the close of last weec While they kpt the rates at the latter figure, the market wan raiuer jreeiy Buppueu wiiu uuia out or second hands. "There was a better demand fer money, and all new transactions on stocks occurred at six per cent, which rate was readily obtained by lenders who kept their money until after two o'clock. Un Governments the rate was fenr to five oer cent. The increased activity is due to a local movemeut In money among tbe people generally, with whom the twglnnlng of May is a season for the settlement of real estate and many other business contracts. Commercial paper was selling at to 1 per cent. SECOND EDITION LATEST BY TELEGRAPH. Lynch Law in the West. A Long Chapter of Outrages. Abandoned Property in tho South. A Highly Important Decision. Etc., Etc., Etc., Etc., Etc. FROM WASHlJrQTOJY. Inpertant Hnprcme Cenrt Derision. Despatch to the AstociaUd Press. Wabhirgton, May 3. The Supreme Court of the United States has decided the case of the United States against Edward Fadelford, ap peal from the Court of Claims. The appeal brought before the court a claim under the Cap tured and Abandoned Property act of March 12, 18C3, for half the proceeds paid into the Trea sury of the United States of twelve hundred and ninety-three bales of cotton, captured at Savannah, turned over to a Treasury agent, and sold under that act. .The Court says in con clusion: It follows that at the time of the seizure of the petitioner's property he was purged of what ever offense against the laws of the United States he had committed by the acts mentioned in tbe findings, and relieved from any penalty which he might have incurred. It follows, fur ther, that If the property had been seized before the oath was taken, the faith of the Government was pledged to its restoration upon the taking oi tne oain in gooa iaitn. We cannot doubt that the petitioner s right to the property in question at the time of the seizure was perfect, except against the acts of the military commanders, and that it is made absolutely pcriect by pardon, notwithstanding the seizure. But it has been suggested that the property was captured in fact, if not lawfully, and that the proceeds having been paid into the Treasury of the United States the petitioner is without a remedy in the Court of Claims, unless proof is made that he gave no aid or comfort to the Rebellion. The suggestion is ingenious, but we do not think it souBd. The sufficient answer to it is that after the pardon no offense connected with the Rebellion can be imputed to him. If, in other respects, the petitioner made the proof which under the act entitled him to a decree lor the proceeds ot lis property, tho law makes the proof of pardon a complete substi tute for proof that be gave no aid or comfort to the Rebellion, a ainerent constrnction would, as it seems to us, defeat the manifest intent of the proclamation and of the act of Congress which authorized it. Under the proclamation and the act, the Government became a trustee, holding the proceeds of the petitioner's property for his benefit; and having been full" reimbursed for all expenses incurred In that character, loses nothing by the judgment, which Bimply awards . .Til i . i v ( to tue petitioner wuut is nis own. These views require the affirmance of the judgment of the Court of Claims, and it is ac cordingly ainrmed. Naval Orders. Special Despatch to The Evening Telegraph. Washington, May 3 Commodore Henry Walke has transferred the command of the naval station of Mound City, Illinois, tempora rily, to the senior line officer present, until the arrival of Commodore William Smith, ordered there to command. The leave of absence of Passed Assistant Paymaster Francis J. Painter, now in Europe, has been extended six months by Secretary Robeson. The Secretary of the Navy has revoked the order dismissing; Boatswain Herman Peters, late of the Iroquois. The President to-day nominated Ensign Jerome . Morse to be a master in the navy, to rank next after Master B. F. Tilley. A marine general court-martial has been ordered to convene at the Washington Navy Tard on the 5th inst., to be composed of the following members: Major A. J. Nicholson, Captain and Brevet Lieutenant-Colonel Charles Heywood, Captain and Brevet Major George Dnfter, 1st Lieutenant and Brevet Captain Wll lace, 2d Lieutenant B. Reeves Russell, and 1st Lieutenant W. B. Renney, Judge Advocate. Tbe Time for Adjaarolnc Coacreee. The House, by twenty majority, passed the resolution to-day to adjourn on the 4th of July. This is not expected to pass tbe Senate, and many members voted for it merely to hurry up business. The general opinion is that an ad journment will be had about the first of August. FROM THE PLAIN'S. I.vnrh Law In Montana. niLEKA, Montana, May 2. This morning a meeting of citirens was called to decide what should be done with the prisoners, A. Lecomp-' ton and James Wilson, who had been identiSed by Mr. Lenhart as the man they robbed and attempted to murder on the night of April 27. The meeting was first addressed by District Judge Semmes, who strongly protested against any interference with the law, declaring that tbe time for vigilance committees had passed, and advising the people to disperse. The meet ing was then addressed by several of the leading citizens, who insisted that it was necessary for the public safety to strike terror to the rest of the band of outlaws, known to exist in the com munity, and that immediate and decUivo action should be taken in the present cose. The meeting then selected a committee of twenty-four persons to try the case, and upon coming before the committee the prisoners con fessed their crime, from which it uppetrs that the robbery and murder of Mr. Leuh.trt wre de liberately planned by them. At 2 P. M. the committee reported that both the prisoners were guilty, and sentenced them to be h-iued at 4-30, and at that hour over 8000 persons were congre gated at the hangman's tree. At 5 P. -M. t!i wagon on which the prisoners stood, with ropes about their necks, was driven from under theinn and frontier justice was satisfied. The citizen's meeting was not a vigilance committee, and the whole affair was conducted in a quiet but deter mined manner, and no one questions the lustice both of tbe trial and verdict. Aaetber Deaperate Outrage. Salt Lakb Citt, May 2 Captain W. R. Story, Deputy United States Marshal, was shot and instantly killed to-day by a desperado named Hawes, whom he was about to arrest. An armed posse has gone in pursuit it the i murderer. . FROM THE WEST. Bleed? Affair la MU Kaasae. St. Louis, May 3. A correspondent of the Lawrence (Kansas) Journal states that a few days since Colonel A. Payne and M. C. Staple ton, influential citizens of "Montlcello, Kansas, quarrelled about some trivial matter while drinking, and agreed to settle the matter in a dark room. Payne had a knife and Stapleton a revolver. Some citizens npon hearing a pistol shot burst open the door, and found Stapleton with his throat cut and Payne shot through the lungs. Both men are alive, but will probably die. Tbe Creen-eyed ftleneter. Louisville, May 8 John H. Morton, a youth nineteen years old, ion of II. C. Morton, banker in this city, shot and killed Dan Powers a gambler, at a house of ill-fame on Eleventh street, between Main and Reeve streets, kept by Annie Rayburn, yesterday. Jealousy was the cause. Morton surrendered himself, and is la jail. FROM THE PACIFIC COAST. Obituary. 8an Francisco, May 2. M. Ramerez, Peru vian Consul in this city, died to-day of con sumption. The H litre Tnnnel has reached the depth of 1000 feet, and the work is progressing rapidly. Han Francloca Market. Flour quiet at 4-505 7. Choice Wheat. tl-57l'60. Legal-tenders, 88). FROM EUROPE. Tbla Itlernlnc'e Qnatatlane. London, May 8 11 -so A. M. Consols 14 for both money and account. American securities firm : U. 8. 5-208 Of 1863. 88)$; Of 1865, old, 88; of 186T, 89 V! 10-408, 86. fcfcocks quiet ; Erie Railroad, 19 v ; Illinois Central, 118; Great Western, 87tf. Liverpool, May 8 110 A. M. Cotton dull middlinguplands, 0a. ; middling Orleans, 11 11 yd- The sales to-day are estimated at 10,ve bales. Paris, May 8 The Bourse opens quiet. Rentes. 74f. 870. Hamburg, May 8. Petroleum closed firm at 14 marc bancos. , Brembn, May 8. Petroleum closed active. Antwerp, May 8. Petroleum opened quiet at This Afternooa'n Qnotatlana. London, May 81-80 P. M. Consols 98(94 for both money and account. American securities steady, United States 5-208 of 1862, 88 : of 1865. old, 88,V, of 1867, 89. Stocks dull. Liverpool, May 8 1-30 P. M. Cotton is a shade firmer, but quotations are unchanged. Tbe ad x ices from Manchester are less favorable. California white wheat, 9s. 7d. ; red Western, 8s, 8d. ; red Win ter, 6s. 10d(a8s. lid. The receipts of Wheat for three days have been 81,000 quarters, all American. Corn, 29s. Peas firm. Lard dull. Cheese, 77s. Beef, Ills. London, May 8. Sugar afloat easier at 27s. Lin seed oil, 32 -ct Philadelphia Trade ICeport. Tuesday, May .8. The Flour market is without shipment la quite limited, but the home consumers purtuaoeu w a uiuui-ura exieut, principally Of the better grades of extra families. The sales foot up 700 barrels, Including superfine at I1-37XQ1-60; extras at 4-76ac-12x ; Iowa, Wisconsin, and Min nesota extra family at t5-255-75; Pennsylvania do. do. at S5-7&612 ; Indiana and Ohio do. do. at 13-75 6 25; and fancy brands at I6-60T-60, according? to quality. Rye Flour may be quoted at 15-23. In Corn Meal nothing doing. There is a llrni feeling In the Wheat market, but not much activity. Hales of 4000 busbela, part yes terday afternoon's, at $T30$l-37 for fair and prime Western and Pennsylvania red. Rye ranges from 1D61 -10 for Western and Pennsylvania. Corn la quiet at the recent decline. Kalesof yellowat $1-10 1-13 In store and afloat. Oats are without change. Sales of Western and Pennsylvania at 6l0lc In Barley and Malt no sules were reported. Bark la oiieied at $27 ton for Ko. 1 Quercitron, without finding buyers. Whisky la steady. 60 barrels Pennsylvania wood bound Bold at Si '03 and 100 barrels iron-bound at Jl-t'6l-10. New York Produce Market. Nrw York, May 8. Cotton dull and drooping; middling uplands, 23o. Flour State and Western advanced 6(Syl0c. State, tl536-70; Ohio, $5-20(4 6-i6; Western, f4-856 60; Western very firm but unchanged. Wheat advanced lc. ; Not 8 spring $1-161-18; winter red Western, tl'80. Corn dull and declining; new mixed Western, l4l-08. Oats firm ; Western, ei$63)tfc. Beef steady ; new plain mess, fl2(l6; new extra mess, 816(318. Lard firm ; steam, In tierces, 16,16c. Mess Pork Arm at 29. Whisky quiet at 1 1-07. Baltimore Produce market. Baltimore, May 8. Cotton dull at 22V22j-c. Flour held firm, and stock scarce. Wheat firm; prime Marylaud red, fi-6X41'60. Corn firm and ad vanced lc; white, $1-13(1-15; yellow, $t-iari-i4. Oats firm at 63($65o. PiovlmonB Arm and unchanged. Lard, 17y. Whisky firm at 1 -OBiiit. LATEST SHITPLXQ IA' IKLLi (j EM C'&T For additional Marine Hew see Insidt Pages. (flu Telegraph.) Niw YORK, May 3. Arrived, steamship City of Antwerp, from Liverpool ; also, Bteaiuship Malta. PORT OF PHILADELPHIA MAY 8 Hate or thermometer at ram evening tblbohaph office. t A.M 66 1 11 A. M 69 1 S P. M 70 CLEARED TniS MORNING. Steamer Chemer, Jones, New York, W. P.Clyde ACo. St'r Coiustock. Diake, New York, W. M. Baird A Co. Bt'r Novelty, Shaw, New York, W. M. Baird A Co. Bt'r Fannie, Feuton, New York, W. M. Baird A Co. Kfr 8. C. Walker, Sheriu, New York, W.M. BalrdACo. N. O. bark Atliei a, uelliuer, Bremen, UWestergaard & Ce. Bark John Bright, Crosby, Rotterdam, Souder & Adams. Schr Heading RR. No. 48, Outten, New London, Sin nick son & Co. Schr Jonathan May, Neal. Boston, do. hchrK. U Smith, tiulth, Weyuiourh, do. Schr Hiawatha, Lee, Newburyport, do. Schr ThoB. siunicks u, Dickerson, Providence, do. Kchr W. B. Thomas, Wius.uore, b-tlein, do. Schr PauguHset, W'aples, Providence. do. Barge Reading RR. No. 94, UautrlcK.Brldgep't, do. Barge Reading RR. No. 10, Adiitus, Brldgeport,do. Tug Chesapeake, Merrihew, Baltimore, with a tOW of barges, W. P. Clyde A Co. ARRIVED THIS MORNING. Steamer C. Coiustock, Drake, 24 hours from New York, w ith iiulse. to W. M. Baird & Co. Steamer Beverly, Pierce, 24 hours from New York, With nidse. to W. P. Clyde A Co. Steamer J. 8. Sbrlver, Webb, 13 hours from Balti more, with liaise, to A. Grove.-), Jr. Schr Hope, Meyers, v days from Norfolk, with ceoar rails to Maloue & bona. Schr GoddehB, Kelley, 7 days from Lane's Cove, With graulte to Barker A Bro. be tir Jacob Kieuzie, Steelnian, 7 days from Laae'i Cove, with granite to Barker & Bro. Schr Damon, Johnson, lo Uavs from Bucksport, With ice to Knickerbocker leu Co. Schr R. Vantieiuau, Krower, lb days from Ba'.h, with Ice to Knickerbocker Ue Co. Schr Annie &. Baker, Barrett, from Great Eg? Hsrber. Schr II. 8. Brooks, Love, from Boston. Schr K L. Smith, Smith, from Kaleui. Schr 8. C. Flthtan. Tint, 1 day from Port Deposit, Md., with irraiu to Jas. U Bwy & Co. Barge , Se-d, 6 dava from Fedcralsburg.Md., With railroad ti n to Jan. I. Bi-vley A Co. Tug 'I bos. JeiterHiin, Al'eu from Baltimore, with a tow of barges to W. P. Cl.vle 4 Cu. MKMOHANUA Steamship J. V. Overman, Hluckley, hence, at Cliarlentou yesterday. Bark Uuiiiua, for Philadelphia, passed out from Fortieth Mourt-e yesterday. Brig Nellie Ware, Ware, hence, at ManKanillo 81st ultimo. Schr Arthur Burton, Froh-ck, for Philadelphia, sailed Irom Cardenas 24th ult. Schr S. 4 K. Corson, Brower, hence, at Charleston yesterday.
Significant historical Pennsylvania newspapers