ID
H
A
VOL. XIV NO. 97.
PHILADELPHIA, SATURDAY, OCTOBER 22, 1870.
DOUBLE SHEET THREE CENTS.
.1 Infill vi
FIRST EDITION
INSURRECTION IN MARTINIQUE.
Revolution in Hayti.
Reported Death of Baez.
San Francisco and Australia.
Important Commercial Enterprise.
Chinese on tko Plantations.
MARTINIQUE.
Outbreak Anions; tbe Ncki-o Pepnlntlon fflany
Januraent Cai'lured or Killed.
The brig Virginia, from St. Pierre, Martinique,
brings direct news to the 81 Instant concerning
serious on t break In the southern part of the island
on the '22d ultimo. The arrival there of the news of
the capitulation at Sedan and the proclamation of a
republic In France was made the pretext of a general
uprising. The leaders of the movement were a
negro planter and his nine sons, who have already
Riven the Government great trouble. Bands of
negro insurgents, according to the OflMal
Journal, scoured the country armed with
guns, picks, pikes, sword-canes, sticks, and
Htones, and carrying torches, set fire to houses and
mills, and cansed general devastation wherever they
went. The Governor, M. De Lolsne, at Fort de
France, appealed to the Inhabitants to form a volun
teer corps and quell the insurrection. In response
to this appeal some CflO men Immediately came for
ward, St. Pierre furnishing 200 men. The Governor
then Issued a proclamation. The following towns
were declared in a state of siege: Klvbre, Pllote,
Marin Salute Aimee, Riviere Salee Uncos, Lameu
tln, Salute Esprit, Salnte Lure, Diamant, Francois,
Trinltc, Robert, tiros Alolre, Trois Ilets, and Van
clin. On Saturday, the 24th, the detachment formed
at St. Pierre arrived at Port de France, at 4 o'clock
in the evening, and was immediately armed and
sent forward. Other detachments rapidly fol
lowed. The combined forces of marines, In
fantry, and the gens d'armce brigade
promptly put an end to the pillage and incendiarism.
On the 26tb, the Infantry and cavalry attacked the
residence of A u tier Mesncl, about twelve miles from
the scene of the outbreak, which had bcon pillaged,
and was then occupied by the Insurgents. After a
short light the latter were overcome, losing eighteen
killed and wounded and twenty prisoners. During
the engagement Captain Emlle Komauet, a volun
teer, was mortally wounded. He died a few hours
afterwards. Some few hours after the foregoing
encounter, the troops from Riviere, Pllote, and Saint
ftsprlt, together with the volunteers, surrounded La
Rojale and made fifty prisoners, among wham were
even chiefs. The insurgents fludlng themselves
beaten at all points, became utterly demoralized
and fled in all directions, many of
them being captured. A large number of them en
deavored to reach the English Island of St. Lucta,
but were cut off by the steamer Sonora and trie
. schooner Rapid, which had been armed and sent to
guard the St. Lucia channel. The riot being effec
tually quelled, the Governor, on the 29th alt.. Issued
an amnesty proclamation, pardoning all except the
ringleaders. Since the outbreak, 200 men have been
- killed and 1150 have been taken prisoners and are to
be tried. Ntws Is brought by way of St. Thomas to
the 11th inst. The French frigate Victolre had ar
rived with BOO men on board to quell the disturb
ances. The people are going back to their work,
and confidence Is generally restored.
SAN ritAXCISCO AX1) AUSTRALIA.
An Important Copnnerrlal Enterprise.
The San Francisco Bulletin of the 14th says:
"Reliable information, in which we place the full
est confidence, but which we were hardly at liberty
to disclose before the sailing of yesterday's Austra
lian steamer, assures us that various schemes of
grand proportions are contemplated, aiming to con
trol the future commerce of the Pacific. The great
Transcontinental Kail way Companies, not content
with their triumphs npon the land, are making a
league with the sea. T he vast ocean which limits
the westward outreach of the road says, not with a
voice of authority, to these railway kings, hitherto
shall ye come, but no further. They are prepared
to sway their sceptre over the ocean also, and pro
pose to run their termlnil fe riles from San Fran
cisco Bay to China and Australia.
"It is rumored that the Moses Taylor was detained
yesterday for several hours to complete certain
papers preliminary to the transfer of the Interests
' and privileges of the North Pacific Transportation
Company in tne Hawaiian and Australian Hue. The
transfer of Interest is said to Include the sale of the
Moses Taylor to the new corapauv. It Is also un
dcrstood that the "Webb line Is to be under the direc
tion of four first-class busiuess men, whose names
and financial strength are a pledge of their ability to
make it a commercial success, in tins quauriiat jrai
directory W. II. Webb is to represent the shipbuild
ing anu snip-owning interest: Mr ueorge urev.
former Governor of New Zealand, representing the
English interest of our colonial cousins across the
terry, and two prominent railroad men representing
the Overland Railway interest.
"It is manifest that with such a combination of
strength, with a liberal subsidy from the American
and colonial Governments, with possibly the addi
tion of tne once rejected subsidy of $25,000 a year
irom tne Hawaiian uovernnient, and with ail exist
ing competition put quietly out of the way by an
nonorauie purcnase, it win De easy to control the
trade and forestall all rival companies. If they pur
sue a uuerai policy, ana put on Brauncn, swirt
steamers, well officered and well appointed, their
success is assured, t he Pacific Ocean, compiia
tively free from severe storms, subject to protracted
calms, and well supplied with convenient coailns
stations, is the ocean for steam, aud the new com-
Fany have it in their power to afford such facilities
or travel as shall make an otherwise tedious voyage
a pleasure excursion.
"We attach hardly 1fs importance to the rumor
that the railroad kiues aim a so to secure a control
ling Interest in the China lino, either by the imme
diate purchase or stock, or ty starting au opposition
by way of the Hawaiian Islands, which shall ulti
mately secure the same results.
"If it shall worthily represent the brca leBt views
of commercial policy, that need aot necessarily be
come a 'monster monopoly' which thus reaches oat
In every direction, seeking to turn the entire trade
and travel ofl the Pacific into the transcontinental
route. The affiliating of the railroad and steamer
interests means business. Ana mi city mtv share
largely in the advantages to the entire country re
' suiting from making the Iron girdle of the continent
me highway oi tne nations.
THE CAMttRIA.
Captain Cnrnnclian, Her Daring- Commander.
Captain Carnaghan, the commander of the Cam
bria during the lust ill-fated voyage, was one of the
most experienced and skilful uavul officers vl3ltlng
this pott. lie has been in command of vessels of
the Anchor Line for several years, and was thor
oughly conversant with the navigation of the Trans
atlantic route to GlaKfow. lie was of low stature,
stoutly built, acd having large, intelligent features
bearing the Impress of His Scotch nativity.
An instance of his daring character was afforded
daring the voyage of the Columbia In December,
lfct9. While in mid-ocean tho propeller broke
loose in the shaft-pipe, renderiug the shirp
and heavy metal blades, thus loosened, liable
to be beaten about the stern-post of the
vessel, and the plates of the counter to be stove In,
or the stern post torn away. The only hope of safety
rested in lashing the broken screw, but the heavy
sea which was rolling rendered this apparently im
possible. Captain Carnaghan, however, made the
men lower him over the tail rail by a rope around his
waist, while he guided with his own hands the neces
sary operations. The object was to have the lash
ings made fast upon the blades on both sides. The
difficulty was to get the bights of the chains over
each upper blade. Fourteen times the captain was
lowered Into the waves before ha succeeded.
The friends of Captain Carnaghan In mis city
showed their appreciation of his daring on this occa
sion by giving him in March, lte, a valuable silver
wine set, which was formally presented by the Rev.
Lr. Street, in presence of numerous friends, ou
board the Columbia. Jv. I'. Tribune.
A "burglar in skirts" succeeded in putting to
flight a marshal and Lis aids, a few nights since,
at Cincinnati, by brandibhing a knife in rather
close proximity to their faces.
SAS DOMINGO.
The R ported renth f BaeaaventarK Baez.
President ef Baa Uoatlaao.
We publish to-day advices from San Domingo
which render It probable that the turbulent career
of President Baes has been brought to a sadden and
violent termination. Buenaventura Baes was a
mulatto, and was borrat Azaa in the year 1820. Ills
father had taken, an active part la
the Insurrection of 1 1808, and young Baez
was thus born into public life, his unquestionable
talents, not less than the great wealth of hi family,
contributing largely to his rise to Important and re
sponsible post' Ions. When Jimenes was elected
President of San Domingo in 1849, to succeed San
tana, he entered Into a conspiracy with Soulouque,
the Haytlcn Emperor, who invaded the
republic at the head of 20,000 men, but
was overwhelmingly defeated by Santana
on the 22d of April Baes had been the most Inti
mate friend of Santana, and at the close of the war
was elected the constitutional President, a position
for which he was mainly Indebted to the influence
of Santana. In I860 he was called upon to repel
another invasion by Soulouque, and in 1853, having
during the latter part of his term favored the cleri
cal party, he was defeated for re-election. Santana,
his successful competitor, he quarrelled with, as a
matter of course.
In 1866, Santana had become so unpopular that he
was obliged to retire before the expiration of his
term, and Baez was the second time elected to the
Presidency, which he assumed October 6. But dis
satisfaction was wlde-spreud, and Santana success
fully headed a revolution by which he was driven
from power and forced to leave the country, June
11, 18C8. Santana again became President, but he
betrayed the republic, and the Spanish Invasion fol
lowed.
After the country had passed through terrible
vicissitudes, Baez returned from his exile in France
in the latter part of 18S5, and for the third time was
proclaimed President of the turbulent republic.
in June, isto, ne was again anvenirom power oy
rimeuta), but only to be restored In January, 1S68.
Since that time he had maintained himself at the
head of affairs, bat was obliged to encounter a seri
ous insurrection headed by Cabral and other turbu
lent spirits. Negotiations for the lease of Samana
Bay to the United States, and also for the annexa
tion of the entire republic, were entered into by
Baez, the circumstances attending these negotia
tions being of too recent occurrence to need repeti
tion in detail. Bnt before these could be complete
there has been another turn in the wheel or fortune,
and even If President Baez hal not met with a vio
lent death, as reported, the country has again been
given over to anarchy.
Tbe Itcvolutlon Probable Assaanlnatloa of
lift. ex.
Letters from Port-au-Prince, by way of St. Tho
mas, addressed to responsible parties render it pro
bable that Baez has been assassinated. Such an
occurrence would inaugurate another revolution In
the island of Sau Domingo. The letters were writ
ten at Port-au-Prluce, October g, at the iast moment
of closing tbe malls. They state that Daez has dis
appeared from San Domingo city. Whether he has
fled or was assassin atert, is as yet uncertain.
OLe writer alleged that Baez has committed sui
cide ou account of the withdrawal of the American
protectorate, and the embarrassing position into
which he had fallen thereby. Another says: "A
fepntation has just arrived to wait upon Mr. W.
Deltnonte to request him to aeccpt tho Presidential
chair, and he is now in my bouse waiting to receive
the deputation. I can say no more, as this is the
last moment for the mail.'' There are great rejoic
lngB among the Cabral faction.
RAILROAD "DISASTER.
Accident Near Kt. r.ou!n-Tvo lien Killed and
He vera I Others Wounded.
The St. Louis Republican of October 18 says:
A very serious accident occurred yesterday after
noon, about 8 o'clock, near Kast St. Louis, on tbe
Toledo, Wabash and Western Railroad, resulting la
the killing of two ' men and the injury of seven
others all employed as laborers by the company.
The particulars of the deplorable affair are as
lollows:
A gang of men was sent out from East St. Louis,
yesterday morning, to do some work in raising the
track about eight miles from town, under charge of
Mr. James Stout, foreman. The day proving wet,
about 1 o'clock an engine with two flat cars was
despatched to bring the workmen in. On reaching
'lie place the workmen crowded on board the flat
ears and the foreman took a place on the engine
with the engineer, Mr. Wortlll, and the train started,
the engine pushing the cars ahead.
The train with its jolly treipM of workmen ran at
a speed of about ten miles au hour until between
Venice and Kast St, Louis, about half way. Hsro
some cows were observed on the track, and the en
gineer slackened speed. The train had passed a
portion of the drove when one of tbe men in front
shouted out "ail right." The engineer hearing this
started again, and a minute afterwards the acci
dent occurred, and before the train had gained
much additional speed, a cow, which had
been running along one side of the
track, suddenly veered about and jumped right In
front of the train and so close to it that the engineer
had barely time to hear the shout from the men and
reverse the engine before the front car had caught
the animal aud forced it down under the wheels.
The cars slanted up aud then sprang from the
track and rolled down the small embankment,
while the other car also left the track aud
wut down the other side. The engine re
mained on the track. As the accident occurred
some of tho men jumped from the cars, and,
curiously enough, it is said that it was among this
number that tbe loss of life and injury occurred.
The train was running quite slow, but tho men In
jumping oil' stumbled down the embankment, and
before they could get out of the way the cars came
crashing down upon them. In a moment there was
a shocking tragedy enacted in the rural spot,and tbe
pterclng cries of the crashed and mangled sufferers
filled the air.
The engineer and the foreman immediately went
to work to extricate the bodies of the dead ant
wounded, having summoned all the assistance pos
sible. The cars were not much broken by the acci
dent, and hence tbe bodies were taken out from the
wreck without much dlfllculty.
I'LAKTATIOX LADOR.
The Chinese HiUUfactory to all Parties.
From the A'. O. Times.
The experiment of the Chinese on the Mlllaudon
plantation has proved, in spite of many obstacles,
satisfactory to all parties. An old planter who
visited the place day before yesterday reports that
they were doing work which negro laborers could
not be got to do, to wit: Uetlng wood out of a
swamp, where they had to wade and work all day
above their ankles in water. They were cheerful, ac
tive, and zealous to a degree which made our old
planter sigh for a few such on his own plantation.'
With such laborers, or a fair proportion of them, we
could see revive our sugar production, and in these
lowianas raise an tne sugar ana rice that would be
needed for consumption in tho United States. The
need of this now labor Is especially impressed upon
filauters by the general negieot of the negroes of
heir industrial employments In order to devote
themselves to patriotic and political duties. The
approaching election I. a most important epoch wit
them. They have got public meetings, stump ora
tory, torchlight processions, flags, drums, mass con
ventions, and all the nonsense of political cam
paigns on the brain, and are quite Indifferent to the
sugar and cotton crops. The majorities for their
ticket and candidates are of far more Interest to
them than the yield of the plantations on which
they are employed. This present election will in
volve a waste of production amounting to millions
of value. The demagogues who go about the coun
try stlnlng up the "too susceptible hands" to "turn
out" and tramp for miles to some meeting conve
nient to a grocery or grog-shop, where beuztne
wbikky la retailed at 6 cents a gill, are the Alarica
aud Aittias of our State, who carry desolation in
their march.
It is a great folly to hope or pray for the extinc
tion of these demagogues, or to seek to convince
our colored brethren that they are getting beyond
their depth, and will pursue their political aspira
tions to their own ruin and destruction. This is a
foregone conclusion. It will only be a little worse
wttu them than with a large class of white people
who give themselves up to politics, and forever
afterward become drones and loafers, subsisting
upon and taxing the honest labor of others.
our planters must, therefore, to save themselves
and the country from a decline or production, look
to some oturr labor than that of our colored politi
cians and siiU'rspaus China is the only quarter of
the globe to hich we can resort to supply this de
sideratum. It is encouraging to know that many of
our large planters have already entered Into con
tracts to procure these laborers. II hair of the con
tracts already made are executed, there will be
large increase of the number of Chinese la our
state ny next January.
SECOND EDITION
THE WRECK OF THE CAMBRIA.
Details of the Disaster.
Probable loss of AU on Hoard
WAR HEWS BY CABLE.
The Mezieres Armistice Ended.
The Siege of Hetz.
Tbe Garrison Reported Starving.
FROM EUROPE.
Details of the T,onn of the Steamer, Cambria.
London, Oct. 22. Late on Wednesday eve
ning word reached Londonderry, Ireland, that
the steamship Cambria, Captain Carnaghan, of
the Anchor Line, which left New York on the
8th inst. for Glasgow, had been wrecked off the
coast of Donegal. The information was brought
to that city by the only survivor, John McGart
land, a steerage passenger by the ill-fated ves
sel. The intelligence was at first disbelieved,
notwithstanding the vessel was overdue; but it
has since been confirmed by a multitude of tele
grams to the agenss, the press, and the friends
of the passengers. '
The telegraph lines throughout Ireland have
been sadly disarranged by the recent storms,
and the following despatch, summarizing Mc
Oartland's narrative, has just gotten through
from Londonderry. The voyage from New
York was generally fortunate, notwithstanding
unpleasant weather prevailed most of the time
until the night of Wednesday, October 19, be
tween 10 and 11 o'clock. The Cambria was then
under sail, and steaming rapidly. Suddenly,
when all was apparently going well, she
struck on Mistrallne Island, a small rocky island
tea miles west of Donegal and thirty west of
Londonderry. The vessel instantly began to
fill throBgh large holes stove in her bottom, and
fires were soon extinguished. It became evi
dent that the steamer was hopelessly lost, and
efforts were therefore directed to save the lives
of the passengers who were massed upon deck.
Four boats crowded with passengers were
launched, and put off from the sinking steamer.
McGartland entered one of these, and he saw
no more of the ship or other boats. The weather
was very heavy, and he thinks there is no doubt
that all the boats were swamped, and that he is
the only survivor. Almost instantly upon get
ting into the boat it capsized and he
lost consciousness; upon recovering he
found himself in the sea, but
grasping the gunwale of the boat, which had
righted, he succeeded in getting in the boat a
second time and found therein the dead body of
a lady, dressed in black silk, McGartland was
tossed about many hours, when he was picked
up by the Enterprise, Captaia Gillespie, who
cruised about the scene of the disaster for a long
time ln'hopes of saving life and property.
McGartland says that almost at the very time
of the disaster the passengers and crew were
congratulating themselves on the tempestuous
voyage being nearly finished, and rejoicing in
the fact that in one short hour more they would
land at Moville. There were certainly one hun
dred and eighty souls on board, and perhaps
more.
Later.
Londonderry, Oct. 21 Midnight Vessels
just returning from the scene of the Cambria
disaster in the North Channel report that they
discovered only a lot of broken spars and a few
barrels of flour, which formed part of the-cargo.
Nothing yet has been heard of the three smal
boats which put out from the Cambria when she
struck. Hope for their safety has not been
entirely abandoned, but McGartland reports
that a wind little short of a hurricane prevailed
at the time, which it would be miraculous for
such a small craft to weather.
End of the Itlezleres Armistice.
London, Oct. 23 The armistice at Mezieres
ended yesterday (Friday) afternoon a( 3 o'clock.
The bridge over the Meuse, near that placs, will
be blown up by the Prussians to-day, but the
bombardment will not be commenced until more
troops and munitions of war can be brought up.
The French force within the walls of Mezieres
is computed at about five thousand men, who
are fragments of various French regiments.
Affairs at Aleta.
Berlin, Oct. 23. The tftaata Anzeiger of
yesterday, in its account of affairs before Metz,
says: The sickness In tho armies is due to the
uniformity of food. Dysentery is decreasing,
and typhus will doubtless go with the present
cool weather. Desertions from the garrison
are increasing, the fugitives all giving the same
reason "hunger." The investing force and
the German armies generally receive abundant
supplies of all sorts of cattle on foot. Thou
sands of sheep have been sent to France for the
Germans. v
FROM NEW ENGLAND.
Bteaiuahlp Chartered.
Boston, Oct. 22. The steamship Ontario,
originally built to run between Boston and
Liverpool, has been chartered to run In the
North German Lloyds between New i ork and
Bremen.
Fire at Beatea.
The harbor excursion steamer Favorite was
damaged to the extent of 15000 last night by
fire. '
FROM NEW YORK.
Propeller Horned.
Oswego. Oct. 23. The propeller A. M. Cowie,
Detroit, was partially burned last night at her
dock in this city.
Mew York Money aad HtocU market.
ENiw Yob i, Oct M. Stocks heavy. Money
46 per cent. Gold, 118?.. a-ws, lbon, coupon,
112ft: do. ISM, do., do. 1863, do.. 118; do.
U'6a. ; Virginia es, new, 63 ; iiiasourl oa, l ; Canton,
69; Cumberland preferred, SO; N. V. Central and
Hudson River, KS! -Erie, Reading, 100
Adams Express, 67tf; Michltrau Central, 120W;
Mlchiiran Southern. 84 V: Illinois CeuLral. 13T:
Cleveland and Pltmburg, 106; Chicago and Kock
Isiand, him ; Pittsburg and Fort Wayue, 3i ; West
ern Union Telegraph, W;,.
FROM THE SOUTH.
Exaggerated Report of the Illaess of ieaator
i;aoieroa.
jcial Despatch to The Evening Telegraph.
Baltimore; Oct. 22. The reports of tho ill
ness of Senator Cameron have been grossly ex
aggerated, lie has not had a paralytic stroke,
nor nos ne Deen seriously ill. ue was not very
well when here, but no apprehensions were felt
by himself or friends about the matter. Advlcos
Irom IJarrlsburg received last night contradict
the story of paralysis, and state that he is not at
all seriously Indisposed.
Mulrlde.
Btatnton, Va.. Oct. 23. A. Thompson Nick
el), of Monroe county, West Virginia, commit
ted suicide this morning by shooting himself
through the head, on the cars of the Chesapeake
and Ohio Railroad. He was conveying his
wife's corpse to Waynesboro for interment, and
ner sudden aeatn caused mm to commit the act.
FROM THE STA TE.
txroator Cameroa.
Harhisburg, Oct. 22. There Is no founda-
tion for the report that Senator Cameron has
been stricken with paralysis. lie is up and in
his usual health this morning. He had an ague
chill yesterday in Baltimore and from the care
shown by his friends in making him comforta
ble arose the rumor telegraphed all over the
country yesterday.
legal xxraoLLxasriczi.
PARKER'S ESTATE.
A Million Dollars Involved The
I. a ir ef
jtxecotora.
Orphan1 OourtAUimn,r.J.
In tbe matter of the estate of John Borden Parker,
deceased, Judge Allison this morning read the fol
lowing able opinion, settling several questloas of
law of vital importance :
The petitioner, Mrs. Maria H. 'Freeman, is a
daughter descendant, and a legatee and devisee
nnder his will, which was proved before the Itegln
ter in this city, on the 80th day of November, 1865,
and bad been proved in the county of Burlington,
Btateof New Jersey, on the preceding 6th day of
October.
The executors having been cited by two of the
heirs, filed two accounts with the Surrogate of
Burlington county, showing that there was In their
hands lor attribution, on the Hist a ay of December,
166'.', 11,457,894-68.
The petitioner asserts that the assets which make
on said balance are In the custody and control of
the executors, one of whom resides In this city, and
tne otner in uarusie. in tne state oi rennsyivama;
and that she is domiciled In Philadelphia.
The petitioner also alleges that nnder the will or
her father she Is entitled to a portion of the afore
said balance for distributloB, amounting to $J72,-
749-ST or tnereabouts ; sue therefore prays ror a
citation to the executors, John Brown Parker and
Frederick Watt, directing them to show cause why
a decree should not be made; ordering them to
transfer to her a portion of the balance for dlstrlbu.
tlon which Is due to her.
The answer assigns for cause against the order
which tbe petitioner seeks to obtain, chiefly that a
considerable portion of tbe assets can only be dis
tributed by a decree of the proper court of the State
of New Jersey, because, beln assets which wore
held In New Jersey by the testator at tho time of
his death, they are properly and of right distributa
ble In accordance with the law of the State In which
they lie, which Is also the law of the testator's domi
cile. Mr. Parker at the time or bis death and for
many years prior thereto being a resident of the
aforesaid county of llnrl ngton.
This brings up for decision the power of the Court
to take Jurisdiction of the property of a decedent
found In another forum, and bring it into Pennsyl
vania for administration and distribution.
Tbe powers and duties of executors are defined
by, as they are derived from, the acts of Assembly
relating thereto. That of 14th June, 1-33, Pur. I. Dig.,
7C3, provides that the executors over whom Juris
diction can be exercised are those who derive their
authority from the "registers of the respective coun
ties,' and in Prety's Appeal, 4 W. A S., 432, the Su
preme Court have said, "Its provisions relate solely
to persons acting In a fiduciary capacity by virtue of
a will, or appointment by the register or Orphans'
Court having jurisdiction of the estate of deceased
persons."
We do not allow an executor or administrator of
a foreign State to come Into Pennsylvania, and by
virtue of his authority derived from another Juris
diction, collect the assets of the estate in Pennsyl
vania, and carry them out of the State for admlnU
tratlon and distribution. And where an executor
removes from the State, the Orphans' Court having
Jurisdiction of his accounts are authorized to vacate
his letters testamentary, and award new letters, to
granted by the register having Jurisdiction, upon
such seennty as the Court may think propor. Sec
tion 27 of the act of March 29, 1832. And in the cose
of an administrator, non-residence is a cause of dis
qualification by the express terms of the 27th sec
tion of the act of March IP, 1B32. In Lukens' Appeal,
2 Barr, 169 the Supreme Court so ruled.
By the sixteenth section of the act last cited, it is
provided if any register shall grant letters testa
mentary to any person not being an Inhabitant of
this Commonwealth, without taking the proper boud
and sureties, tbe letters so granted shall be void, and
an executor acting under them shall la all respects
be treated as an executor of his own wrong, anil tho
register and his sureties are made liable to pay all
damages which shall accrue to any person by reason
thereof.
These several acts of Assembly make it abun
dantly clear that by our law an executor derives all
his authority to collect and distribute the "assets of
an estate which may be found within this Jurisdic
tion, by virtue of the letters which are here
granted, and that It Is of these assets alone that he
is here called on to reader an account in this forum.
We do not think the position a sound one, that be
cause executors are Bubject to Orphans' Court as to
any of the assets they become so to all. This would be
to confound Jurisdiction and would Inevitably result
in a conflict of authority, which for every reason of
order, in tbe settlement of au estate, and of safety
to the person charged with the performance of sucti
a trust, should be avoided. It Is an argument which
answers and defeats itself, of which the case before
us Is a clear Illustration. Tbe t'stator died possessed
or property situate In Ave different States. If the
principle contended for by the petition is a
sound one, it follows that we have as many separate
Jurisdictions, each having control over a part of the
assets or the estate, and by reason or such control,
drawing to Itself all the remaining portions, and as
to the whole making separate and possibly conflict
ing decrees, both as to settlement and distribution.
There are already two accounts tiled by these execu
tors upon compulsion, at the instance of heirs and
legatees in New Jersey, as well as in Pennsylvania;
the former of these accounts has been audited
and stated lythe .surrogate of liurllngton
county, notice of which has been given
by publication, and no objection having
been made to them, a decree has been "entered
allowing the same as reported. The respondents
say they are advised by counsel, learned in the law
In New Jersey, that said decrees are in accordance
with the regular practice of the Orpnaus' Court of
New Jersey, preliminary orders; that tbev are Judi
cial determinations; that all the items with which
the accountants charged themselves, as well as all
of the Items for which tbey have claimed credit, and
also that the balance resulting therefrom, are cor
rect, and allowed to remain as stated ; but that said
decrees are neither final nor distributive.
It Is further stated by the respondents, in their
answer, that It is tbe practice or the courts of New
Jersey to make a final and distributive decree upon
the motion of anyone in interest upon an account
thus stated and settled.
Taking this to be a correct statement of the facts
and of tne law of New Jersey, it shows two things :
that a portion or the assets which the petitioner asks
may be brought into distribution here, so far as
their settlement and allowance goes, have already
passed under the jurisdiction and decree or a foreign
tribunal; and also that that which Is asked to be
done by us Mrs. Freeman can have done by applica
tion to the courts of Uurlington county.
It may be objected that in the accounts filed in
New Jereey, assets whl;h were collected elsewhere
are taken into those accounts, and that the same ob
jection may properly be made there to distribution
of the estate as settled by the decrees of the surro
gate, that is now made to the claim of the petitioner
to have all of the estate brought here for distribu
tion. But It is a sufficient answer to this suggestion
that the petitioner bad legal notice of the proceed
ings in the courts of New Jersey, and that she has
allowed tbe decrees of settlement to go without
objection, and that if any Injury is to follow from th
preliminary decrees as they now staud, it Is not too
late lo apply to the orphans' court or nuniugtou
count v for relief as asuinst the orders and determi
nation of the Surrogate. Nor is the principle, which
we believe to be tbe true one in a case ef this kind.
Tuiiiimt autboaij for its support. The cases 'died
by the counsel for the respondents are In affirmance
of It, Bee Selectmen vs. Boy Is ton, 8 Mass. K., 8SI;
Doollttle vs. Lewis, T John's Chan. Cases. 40-47;
Dawes vs Boyleston, t Mass., 887: Parsons vs. Ly
msn, SO New York K, (Court of Appeals), 103.
The case which we have before us Is not to be
confonnded with one in which assets have been col
lected In the form of an auxiliary administration,
In which It becomes a question or judicial discretion
whether they shall be distributed in the jurisdiction
In which they were raised, or remitted to the ad
ministrator of the donilcil, to he disposed of there
according to the law or the donilcll, which, as to
personal property, la the rule or distribution every
where. In a case or that kind, the question turns
not on the fact or jurisdiction, but upon a determi
nation, or whether In the exercise or a wine judicial
discretion, the funds sought to be taken to another
forum, shall be allowed to go there or not. This Is
settled in Dent's Appeal 10, Harris 814; Stokely
estate 7, Harris 476 ; Maitland vs. Wlreman, 8, Penna.
V, 188, and in Harvey N. Richards 1, Mason 4os.
The application before us is in effect to reverse the
rule, which is, unless the tacts or a particular case,
require a different coarse to be
taken as to distribution, that after
payment or debts and expenses, the assets shall be
remitted to the administrator of the domlcll for dis
tribution. This is the doctrine in Stokely s estate,
cited above ; and In Dent's appeal, the application'
to compel the auxiliary administrator to transmit
assets to an administrator of the domicll who re
sided In Washington, D. C.wns refused en the
specialties of that case, one of which was the con
sent of the original administrator to the appoint
ment of the administrator in Pennsylvania, and tha
all the claimants objected to a transmission ot the
funds to Mr. Dent, In Washington.
Tbe domlcll or the testator at the time of his death
is to be regarded as the place ot the principal or
original administration or his estate, and It this
were a request to send tbe balance or the assets to
New Jersey for distribution, it would be entitled to
be regarded with greater favor than tbe one we are
now considering, at least so far as the personal pro
perty Is concerned, this kind of property having no
situ In contemplation of law. It is attached to the
owner's person, wherever he is, and when he dies It
descends according to the law of succession which
prevails at the place ef his domlcll.
The respondent, John Brown Parker, asserts in
his answer that the sum claimed by Mrs. Freeman
is about $00,000 or 06,000 in excess of her entire In
terest in the estate, which or Itself would render it
impossible for us to make the order prayed for at
this time; the true balance due to her must first be
ascertained before there can be any order made to
pay. The respondent also expresses his readiness
to pay over to the petitioner the portion or Pennsyl
vania assets due to her, upon her entering the
requisite! security to protect the parties on remain
der, wmcn sne nas not yet oone. i
Other reasons might be assigned la support or the I
view which we take or the claim or Mr. Freeman,
but those already stated we deem or themselves suf
ficient, and therefore dismiss the application.
Attorney.Gencral F. C. Brewster Bnd Hobert N.
Wilson for petitioner; K. Hunn Hanson, Daniel
Dougherty, and oeorge w. niddie ror executors.
Tire Shooting of JoHa V. Nalen Hearing In
frawiora'a Cae The statement or William
II. ftlann.
Court of Quarter SexsfoiM Judge Peirce.
This morning Judge Peirce resumed the hearing
upon habeas corpus in the case or Alexander Craw
ford, committed by Alderman Kerr to answer for
the shooting of John C. Nelen at the meeting ot the
return judges on Thursday of last week.
wiuiam 15. Mann. in.. was canea to tne stana dj
the Commonwea'th, and testified that when he was
sent ror by the judges he went up from the street
and found John Ahem holding the door fast,
ssymgtnat no one out a juago suouia go into toe
room ; Mr. Mann said he bad been sent ror to ad
vise them ; he believed a rraud was about to do per
petrated in the return of the Twenty-sixth ward,
and he desirod to prevent lb Then followed ex
cited and angry words, ana ue went into tne su
preme Court Room and into the ante-room, knocked
at tbe door, and called for admittance ; a voico in
side answered that the janitor had the key and the
door was locked; Ahem followed, and said If Mr.
Mann went In he would follow; they returned to
the door in the vestibule, when the door was opened
for a man calling himself a return judge, and he
(Mr. Mann) pushed in after him, iu spite of the
eti'orts of those behind him to draw hi in back ; tbe
crowd pressed against the door so as to prevent Its
being entirely closed, and two men were Jammed
between; tne doors ; one ot-them was Ahem, who
was tall and stood leaning over; the other man
stooped between Ahera's breast and the floor, push
ing in, and he subsequently proved to be Nolen ; a
contest between the doorkeepers aud the crowd
ensued, blackjacks being freely used, and then the
panel of the door was broken open, and the men
outside rushed in; Ahern was conspicuously the
head or the men flourishing blackjacks; the people
in the room fled In all directions, tbe mass or them
going to the southward, Crawford among them ; the
men who thus came In seemed to centre their attack
upon Crawford, seemed to singleShltn out : "he re
treated towards the east wall, and Ahern
pointed his hand at him saying, "You are
the man I want;" Mr. Mann then noticed two
other men pursuing hlra Irom the door inside the
rail ; Crawford now retreated northward into the
Jury box, and a chair was hurled at him; his pur
suers were proceeding rapidly ; Ahern had received
a blow upon the temple, from which the blood
trickled all over his race; he was in the height or
rage, and proceeded after Crawrord with his black
jack erected ; Mr. Mann kept between them, and
was intent upon keeping Ahern from striking
Crawford ; at this moment he noticed Nolan closing
in upon Crawrord from the centre of the room,
and saw another man with a blackjack about enter
ing the Jury box where Crawford was; Crawford
eald something, but what It was or whom it was ad
dressed to Mr. Mann could not tell ; but from Craw
ford's look toward him he was Induced to reply to
him as If it had been a question; with his face
turned towards Crawrord and his arm raised but not
extended, and shaking his finger, he said to him,
"Protect yourself." lmmediate.y after that ocsur
rence something came whirling along with great
velocity, but he could not tell what it was, but he
noticed a recoil of Nolcn's body. The missile struck
the wall and shattered into pieces. Craw
ford had made threatening motions with
his pistol, pointing It from one to tbe other of his
prisoners, wlthont deterring them at all. Imme
diately after the throwing or the spittoon, and while
a man was advancing with a blackjack uplifted, he
levelled the pistol at Nolen. There was great noise
and confusion until Crawford elevated Ills hand a
little, lowered his face and ran his eye along the
muzzle, then everything was still and everv one
Btood In suspense, and the pistol was tired. Nolen
looked straight at Crawford, and ducked down to
dotige the shot, and then tell. At tha tiring of the
shot Crawford's pursuers abandoned their pursuit.
At the time of our going to press the hearing had
not been concluded. -
AN IMPORTANT DECISION.
The Indorsements of Married Women.
The New York Commission or Appeals have re
cently made a decision or lmportauee to the busi
ness community, as it settles the question as to the
liability or man ied women on accommodation in
dorsements. The caS3 was that or The Corn Ex
change Usurance Company vs. Babcock, anJw)
find the opinions ot the Commissioners given at
length in tkis week's number of ilia Albany Law
Journal. 1 he action was brought upon three pro
uiistory notes, having upon each the special In
dorsement ot the dtfeudant, Annini Babcock, a
married woman having separate property, substan
tially In the following form:
For value received, I hereby charge my individual
property with the payment ot this n te.
Akmisa Bibcock.
These indorsements were ror the benefit or her
husband. On appeal from a judgment against de
rendant, the (Jeneral Term or the Third District Xeld
thut the indorsements were not sufficient to change
the separate estate or tLe defendant; that they
should have specifically described the property to be
chanced, and have been executed with ail the tor
inalliits or a mortgage, and also that the action
being et law could not be maintained, as a married
woman's separate estate was only chargeable in
equity The Commissioners of Appeal have now re
versed this decision, holding that a simple declara
tion in tbe Indorsement Is sufficient to charge tha
separate estate of a man-led woman, ami that an
ordinary action at law can be maintained ou such
Indorsement.
MYSTERIOUS ASSAULT.
Shot TO bile Klttla at tho Window of aa Office.
A mysterious shooting occurred last evening at
Bailey's cool yard, corner of Darragh street and
River avenue, Allegheny. Mr. J. tl. Wlnserth,
manager of the works, was sitting iu the office read
lug a paper, when he heard the report of a pistol
and a bullet grazed his ear, lodging la the wall op
posite. On looking out into the street be saw two
men running np Darragh street at a rapid rate. No
arrests weie made, but the two cuiprlts are sup
posed to have been two fellows who recent!? were
released from the Penitentiary and had visited the
coal office a day or two ago, aud bad been trying ti
make some bargain about coaL The police
are after tbe would-be assassins, and It is highly
probable that they will be arretted. J'ittnbury Cunt,
'meictai, Oct. 21.
FIFTH EDITION
THE LATEST NEWS.
The Loss of the Cambria
Ecumenical Council Suspended.
Etc. Etc.. Etc.. ' Etc.. Etc.
FROM EUROPE.
The I.o.o of the Cambria.
Londonderry, Oct. 22. A careful examina
tion of the coasts and waters for miles around
the scene of the Cambria disaster by river
steamers fails to discover any traces of the mis
sing boats from the Cambria.
The Ilealth of the Pope.
Florence, Oct 2. The health ot the Pop
is still good. It is said the neutral powers have
counselled' him to remain in Rome for some
time and accept tbe situation, and that he has
concluded to do so. ,
A Papal Boll
announcing the suepension of the (Ecumenical
Council has been found a nixed to the doors ol
all churches. The jubilee, however, is con
tinued. FROM THE WEST.
The Oallaffher.Allea Prize Fight.
St. Louis, Oct. Gallagher, the pugilist, is quite
sick at his training quarters near this city, and
Kelly, his trainer, thinks te will not be able to meet
Tom Allen November 1, the day fixed for tbe
fight.
Obituary.
Moses Oreen, united states Commissioner et
Hannibal, died of apoplexy a few days ago.
Political.
Major Dale announces himself a Democratic csn
dldate lor Congress In the Fifth district.
Tbe "Sleeping Beauty."
Some days ago the committee appointed by the
St, Louis Medical Society to examine and report
npon the condition of Susan C. Uoodseye, better
known as the "Sleeping Beauty," pronounced the
case one or collusion and said Susan was a humbug.
The Republican has a communication from N. N.
Cowglll, rector of St, Paul s Episcopal Church, at
Hickman, Ky., near the residence of theGoodseye
family, stating that the writer has been personally
acquainted with the family upwards of twenty years',
and knowB by personal knowledge that there is no
collusion In the case, and that the girl during tha
period Indicated has always been in her present
condition.
Appended to the reverend gentleman's communi
cation, and under the words ''We, the undersigned,
oncur in the above," are the signatures or over
twenty-five persons, including judges, clergymen,
editors, lawyers, notaries, and merchants. In seve
ral cases references are given by the parties signing
to some ot our best known citizens. "There is some
curiosity to know whether the medical committee
will notice the communication, especially as tha
conclusions they reached were not consistent wlta
toe general statements or their report.
Nevr York money Market.
New York, Oct. 2ar Loans Increased t.i.nnti;
specie increased 1337,405; deposits increased, 12,069,
268; legal tenders Increased f 1,864,633.
Flit AEVVE Art O COJtOIEItCB.
vxiriNa Tzutoraph Omci.1 1
bturday, Oot. 21, 1870. ( I
Local finances are in an unsettled condition
at this time, owing chlelly to the doubts as to
the political future of Europe, and resulting in
a renewal of that extreme caution among lend
ers and capitalists which characterized their
action on the ollicial announcement of the sur
render of Sedan. A strong impression exists
that peace will be proclaimed within a few
weeks, and that this event will be Immediately
followed by a withdrawal of capital from our
markets, and a consequent stringency in all the
great money centres of the country.
lheeflcctl tvery likely to follow this cause,
we readily allow, but tbe cause cannot be said
to have auy existence or probability at tbe pre
sent timet and therefore the extreme caution
now practised by money lenders we regard as
unnecessary. Meanwhile it will have the effect
of strengthening the market by affording an
excuse for raising the scale of rates. To-day a
moderate business was done in this market b.otb.
iu call and time loans, but the demand for mer
cantile paper was very light. We quote call
loans at 5atl per cent, and discounts at 79 pec
cent.
Gold Is dull but 6teady,wlth sales at 112'rtD
Governments continue active and strong, with
a further advance movement in prices.
The stock market was moderately active, and
prices were t-teady. Sales of City 6s at WlCti)
102, for the new bonds, and do." prior to 'i at
102.
heading Railroad was rather quiet, with sales
at 50(n'50 3-lrt, the latter on short, b. o; Penn
sylvania nt 00; Lehlgb Valley at 58.'; and Oil
Creek and Allegheny at 44. S'5,' wa bid for
Philadelphia aud Eric and 88;V io CaUwissa
preferred.
Caual, Bank. Coa , aud Tussenger Railway
shares were ncirlected, no sales being reported.
PHILADELPHIA STOCK EXCHANGE SALES.
Reported by De Haven A Bro., No. 40 S.Third street.
FIRST BOARD.
1400 City 'k6S New. 102'.,'? 32 sh O C A R. .. 44
flioo do C.1U2V! coo sh Read H c.
I2S0O do Wi'i 100 do C. 60'.'
$300 do 111!.,' '200 d0...bl5.GO 3-1S
ii00 do. prior to't'2.102'i loo do..sl0vn. 60 ,'
t&UOO do. prior to "62. i Me do ..bio. 60 3-1
1ois....1Ci soo do..rgiln. 60;;
15000 Sun & T8...10lX'i 1D0 do C. f0",'
8sn Peuna R.... 60 300 do. ..bio .v) 3-ld
S0 8h Lit Bch 11.... 43 600 do b5. DO ,'
SitshLet Val..l. 6Stf'
JjKSaKH. DB IUVKN & Urothbr, No. 40 S. Third
Street, Philadelphia, report tho following quotations:
V. S. 68 of 1881, 113,'ii4ll4 ; do. 12, 112113 ;
do. 1864, 111W41U; do. ISrtO, 112112 V; do. 18(15,
new, llOMlio V; do. lsei, do. lWM'aUlo ; da 1S68,
da lio,tllO'.' ; lo-4n, U. S. 80 Year
e percent. Currency, 11 K4U1 y ; Gold, 112,
mj4; Silver, 10I!tlo9; Union Paoido Ra!lroa
ldtMort, Bonds, KioSlh; Central Paclito R tiiroaO,
900(3910: Uulou Pacific Laud Giant Uou'ls. 7.'i.-74k.
NAKk ft. lldnkk, urokurs, report this morning
Gold quotations as follows:
10- OOA.M 112a'ir4t A. M 11 '-i
1045 " U2VHa " U2i
10150 " Vlt .... 112'f
11- 25 " 112 115 ' H21i
Philadelphia Trade lleport.
8ATTBPAY, Oct. 22. The Jlour market is dcvoM
of animation, the Inquiry belug almost exclusively
confined to the wants of the local trade. About 9h0
barrels cbauged hamiF, including ssperOne at 4t0
(S4T5; extras at frO-so ; loa, Wisconsin, ami
Miruesota extra family at 13T5 for low grades up to
6-60 for choice; Pennsylvania da da at$i-50ia,fi-76;
(bio do. do. at fu&o.aT; and fancy brands at 17-25
(i 8 26, es in qualitv. Kye flour ranges from Vlo
(5-25. In Corn Meal nothing doing.
The demand for Wbeut lias fallen off, and prices
are not so strong. Sales of sooo bushels ludiana
red atl-87(gl-4C; some poor Pennsylvania at fl-32 ;
4U0 bubhel fair Delaware do. at 11-85 aud amber
t tl 42iei-44w live Is steady atuae.for Western.
Corn is without Improvement. Bales of yellow at
81(ab6c, and Wentern mixed at 75ic. Oatsaia
unchanged. Sales of Sooo bnhhe's at 60ar3c. ror
white Western; 4&(46o. for dark do. ; ";'... for
Peunsylvauia; and tne. for Delaware. 6000 bushels)
four-rowed Western ilailcy sold on private terms.
Bark In the absence of sales we quote No. 1
Quercitron at t25 per ton,
Whisky Is firm, and .'-0 barrels Western iron
bound sold at wo.