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VOL. XV. NO. 9.
PHILADELPHIA, WEDNESDAY, JANUARY" 11, 1871.
DOUBLE SHEET THREE CENTS.
AFHo
FIRST EDITION
Daring Outrage at Lancaster.
Tho Albany Express Robbery.
IJew Jersey Water Famine.
The Troubles at West Point.
Tho Case of the Cobrcd Cadet.
DARING CRIME IN LANCASTER.
t400O and Other Valuables Hlolen-A Family
Bound and (Jagged by a Band at iTlasaed
Men.
The Lancaeter (Pa.) Express of last evening
has an account of an incredibly daring outrage
perpetrated in that city, from which we coa
dense as follows:
Laet night, between tbe hours of 10 and 11
- o'clock, the residence of Hainuel Denllnger, a
Director of the Lancaster County National
Bauk, of this city, was burglariously entered by
four men, with masked faces, and robbed of
f 4000 in Goverumeut and Lancaster city bouds,
f 100 in currency, gold, and silver, and three
silver watches, valued at f 35 each.
Immediately upon entering the house the
robbers repaired to the bedside of Mr. Den
liiiger, binding him hand and foot with ropes,
and also binding a rope across his mouth, which
they tied in a knot behind his ear. This, bow
ever, was not very well performed, as the rope
fell from about his face before the burglars left
the house. They then tied Mr. Denllnger's
mother-in-law in a similar manner, and next his
wile shared the same fate. In tying Mrs. Den
linger, however, tbe fact was disclosed that the
parties, at least one of the number, knew
tbe family intimately; she is a con
firmed invalid, unable to walk or leave her
bed, and wben one ot the burglars was about to
tie her aukles together, another stepped to his
side and whispered in his ear, wben be at once
quit his hold upon Mrs. Denlinger's limbs, and
refused to tie them. It is supposed that tbe
operator was told that it was unnecessary to
bind her, as she was unable to walk at any
rate. Having secured tbe family in the lower
part of the house Id this manner, a pistol was
next placed to Mr. Denlinger's head, with tbe
accompanying threat that they would blow his
brains out instantly -if he. refused to disclose
the whereabouts of his money and bonds. He
told them where the pocket-book was that
contained the $100, and also where tbe
bonds were kept, giving one of them the
key to llie desk, but tbe other three were so
impatient' that they broke the desk open and
abstracted the bouds. The mai-ks which they
' wore were simply strips of black alpaca, which
they had bound around the lower parts of their
faces. Having secured all they wanted, they
beat a retreat, jeavtng tneir victims bound npou
their beds. By this time other members of the
household became aroused by the unusual
sounds, and, discovering tbe family tied up in
this TiMileasant stvle. unicklv released them:
but before the alarm could bo sulllciently
spread tho burglars were safely out of the
vicinity. ,
THE ALBANY KXPRISS P ROBBERY.
The Outrage Upon Express Messenger II al
um e.
The Albany Journal of last eveulng says:
Although several days have intervened, the
painfnl interest and excitement occasioned by
the daring robbery and attempted assassination
of the express messeuger Thomas A. Halplue,
on Friday eveulng, have scarcely abated. From
the manner in which the entire affair was
planned and successfully carried out, it is evi
dent the robber was no ordinary crimiual, and
has thoroughly provided for 'the means of
escape. Every moment of time, from before
the train was made up, was calculated with n
precision which the result shows was perfect.
The statement of the hostler at Dearstyne's
Hotel to Chief Maloy, about a man passing and
repassing tbe hotel in a wagon to which a white
hoise was attacked, as if in waiting for some
one, about the time the deed was committed,
receives a great deal of credence, and seems to
be a reasonable solution of the mystery and
manner of the criminal's flight. It is generally
believed the whiskers and moustache were false,
and if such were the case, the robber might
very easily have taken them off, and jumped on
board one of tbe passenger cars and gone on to
Springfield or Boston, or else have taken the
train to Troy, or may be, even now, stopping in
this city, almost without danger of detection.
"Another important circumstance connected
with the affair is this: Yesterday afternoon,
while a number of boys were skating on the
creek at East Albany, one of their number dls
coveied a revolver lyinir on tho ice. a short dis
tance south of the east end of the Hudson river
bridge. It was found to be a Smith & Wessoa
Beveu-ehooter. apparently a second-hand wea
pon, not a great deal used, and answers to the
description of tbe one purchased at Scott's store
on Friday afternoon. Three of the chambers
were discharged aud the remaining four loaded,
and it is undoubtedly the one used by the robber
and thrown away by him on jumping from the
car alter commuting tbe crane.
Arreat of a Nuapecied ftlaa.
Albant, N. Y., Jan. 10 Arthur X. Breed,
who was brought here from Syracuse on bus
Tiliion of being the express robber, was con
fronted with the young man who sold the pistol,
but he failed to identify him as tho Durch'ifter.
Ilalpine. tbe messenger, was in such condition
this afternoon that the physicians refused to
allow Breed to orought into bis presence.
Tbe constable made a statement, in substance
as follows:
"I searched him (Breed), and found a new re
volver, wbtch, la niv opinion, had never been lired,
and the money of which I have spoken. I then askeJ
til iii wtiere be got the uioucv, and lie red lied, 'I bor
rowed It of a friend.' He afterwards told
me that he Bold a fi00 bom) to Chines
Blair, a broker of Syracuse, for ftsooo,
then afked him where lie sot the bond, aud he said
he bought It In New York, but would not tell from
whom." Breed says he la an Insurance agent, doing
business In Fulton. Oswego county. He appear to
be perfectly confident that Halpine, the expreas
manager, who Wd8 shot In h's rar while attending to
his duties, will not Identify him as the Hsssmu and
robber. Ilalptne's condition has changed for the
worse to-asy.
NEW JERSEY WATER FAMINE.
Precautions Aaatnat Flre-ll Cltlzena are to
tioiuia water.
The N. Y. Post of last evening Bays:
"The Board of Polit e Commissioners and the
Mayor of Jersey! City lat evening met the
agents of the several tire Insurance companies
to determine on the precautions to be used
against fire. It was decided to place one
hundred uneeial officers on duty to-nlirht la the
several precincts in the city, to borrow from this
cltv ten ihousand feet of hose, and to import a
quantity of portable fire-extinguishers. At
lloboken old wells are again brought into use
and new ones will be dug. Tbe water lying upon
the property of tbe lloooken Land ana improve'
ntentCijinnanv is also to lie utilized for the cltl-
m. he vera! thousands of gallons taken from
this city were distributed this morning among
the upper wards of the city. In Jersey City
tbis morning ten men were fined each fifty
fiVt f.r -having turned on the water at the
WEST FOLNT TROUBLES.
Tbe Trial af the Colored Cadet-The military
Arndenty aloe oa Trial Charges and Coeo-ler-Cbaraen
The Cadet tfleb.
The question whether or not the colored Cadet
Smith had lied, in a certain mauner, was the
small cloud no larger than a man's baud out of
which has grown a court contest aud an outside
controversy which fully makes up in dramatic
interest all that it lacks on account of the ab
sence of renowntd advocates and the imposing
scenes usually incident to great trials. Many of
tbe cadets have vented their spite in jeering and
annoying the colored cadet.
Within a few weeks, a party entered his
room, in his absence, and sbnmefully desecrated
It VttMn Ilia Damn vw.ri.wl n Bt..lim Lpn
tuckian cadet, of the next class aoove that of
Smith, aud tbe heaviest and tallest man In It,
visited him at his quarters nnd "took satisfac
tion of him" by blows with tbe fist, Bimply be
cause "the nigger" had not deferred to him at
mess as he might have done.
The Keutuckiau was placed in arrest, nnd it
was expected he would be severely punished;
but tbe next day it was stated that the colored
cadet had acknowledged that be bad "exasper
ated" the cadet who beat him, and the latter
was released. The Commaudant leferred to
tbe affair at parade, tbat evening; annonuced
the release of the offender, and said that "Cadet
Smith had acted magnanimously."
All cadets in their "plebeian state suffer what
they at tbe tiiue regard as Indignities, but what
they subsequently profess to regard as very
essential parts of military traiuing. Cadet
Smith was from the first doubly "plebeian" on
account of both class and color. Lacking the
sympathy and society of fellow-cadets, who
might have advised htm how to treat real
or imaginary indignities, bo had presented
to him the alternative of trying to fight
bis way through or to submit to everything.
He certainly demonstrated a readiness to
fight becoming in a soldier, but he
appears to have sometimes resented apparent
Insults wtiere he had not sufficient cause. Xhe
class which graduates next summer, last week,
with mob violence expelled three cadets,
expressly because they had practised a petty
Ijing fraud to obtain au indulgence. Tbe offend
ing cadets were "expelled," and It was hoped
tbat this action would help to justify the hatred
of the colored cadet, aud his expected ejection
lrom the Academy.
Cuutt famuli appears to bave determined, of
his own motion, to employ no counsel in his
trial. It is stated that, in his previous trial, he
was so tenacious in his opiulons us to the
proper conduct of his defense that his counsel,
Colonel Parsons, finally threatened to withdraw
from tbe case unless his client would pay more
deference to his advice. In the preseut trial
Smith W distinctly understood to bo guided
entirely by his own judgment as to the manner
of his defense.
Tbe Judge-Advocate, Lieutenant Gardner is
yery comiderate in dealing with the accused,
and, as was his prerogative, has now and.thcn
edvleed him against pressing certain questions.
Smith, however, generally iuslsts, aud the
Judge-Advocate can but receive the written
questions,, propound them, and then paste
them in the record. Yesterday Cadet Smith
persisted in calling up the evidence in a former
affair with Cadet Anderson, which wben it was
presented, operated much to his disadvantage
before the court, as be was own by the report
of aCadet-Lleutenantto ha maliciously kicked
a fellow cadet. The prose ption will close this
inorniug. The defense A then begin, and
will probably be continued .through two or three
days.
General Upton, after the recess of the Court,
produced the geueral delinquency book, and
said tbat in referring back to the delinquencies
for September 8, 1870, this report is entered
against Cadet T. W. Smith: "Nfalicions conduct
in ranks at driil P. M.; wilfully kicking file."
The report i entered u tho "name of Cadet
T 1 . . ' 1 ( . 1 ' . t a I
i-itui. vnue. ror mis oncuse nccueeu suo
milted a written explanation.
v est roiNT, x., ht pt. it. vnaise "aiancnus
conduct iu ranks In drill ; wllfu'ly Kicking at tile."
tozveanatiim. "The canet referred to as having
been kicked, has been in the habit of trying to trio
me at every chance, especially In ranks, aud also
In crowding me out of ranks, Daring this drill lie
had stei ed on my toes never ai Mines, and when we
ere ob'lqulng to the left in this particular Instance,
he rauie near tripping me twice, as he, being on my
right, coulrt place his lett foos in front of my right,
and thns throw tue forwajd. Ho I took p-trtlculor
pains to watch his movements, and when he placed
his feet in position, whlun I am conlldeut he pur
posely done. Ins lead of Btomliling over it I kicked
It. out of the way. I had no d- Hire to bave any tro'ible
with the cade', but when I found that he continued
io show his Ill-nature, j considered myself justttled
in putting a stop to it. 'i here was no malice suo wo.
Respectfully submitted.
j. w. cm im, v;aaei; rnvaie.
This explanation ws returned by Colonel
Upton to Cadet Smith, for tbe name of tbe
cadet referred to as stepping on his feet. Cadet
Smith tetnrned it with the indorsement that
Cadet Anderson was the one he meant. Tho
explanation was next sent to Cadet-Lieutenant
White, to be indorsed by his explanation, which
was as follows:
"I saw Mr. Smith kick Mr. Anderson, and at the
time he fell back slightly and reached abound wttd
his root to do so. mere was eoimioeranie crowding
In the company at the time, a.id the tripping up of
Mr. smith was unavoidable, m ne same tniug hap
pened to other flies. That he kicked Mr. Anderson
with malicious intent I have no doubt. It was
shown plainly in ever; feature or htsfsc.
"f l. Lf. W HITE,
"Cadet Lieutenant 'A' Company.'
THE CADET MOB.
General Pitcher, the Superintendent of the
Military Academy, hai Issued the appeuded
order in relation to the recent moo. lhe sen
tencs is regarded as a very severe one, and
amounts to close confinement for several
months:
llBADQVAKIBKS U. 8. MILITARY ACADEMY, WK3T
Point, N. Y., Jau. 10, mi. Speclil Orders, No. 8
1. in the nope mat tune ana sober reiiecrion would
Impel the first class concerned In tho recent unwar
rantable outrage on cerium raemners oi tne uurtn-
cliiss, to disavow and regret their hasty action, the
fciuptriuti'hdent withheld bis disapproval of their
moo-law violence uutu all tuo circumstaaocs were
lullv mane Known
From these it appears that certa'.n cadets of the
fouith chiKs were guilty of a violation of tne regula
tions, anu or the law concerning veracity, wnicti
considered In relation to recent similar circum
stances, are calculated to destroy the well-deserved
and, UPtl) now, the well-preserved good nauie of the
Corps ol Cadets. While e.oucedlng that the motives
which animated the members of the Urst class origi
nated from a piaisewortny source, no words can ex.
nreFB too forcibly the disapproval by the superin
tendent ol the assumption of power by cadets, until
Dow unknown to thobe who organized, and for 63
eara have governed, the Military Academy.
Well may the enemies of the institution point
sneeringly at Its military teachings, ahicn, after
nearly lour vears. have produced iu lis graduating
class no better fruit than this. While expressing
his bitter aud p'roiound regret at the cause ana con
sequences of this most dlscreditalilH ait'.tir, the
Superintendent Is of the iinu conviction that but
few ol the entire body of cadets hold toe reputation
of the IMlltarv Academy In so little esteem as not to
feel the deepest moriiiicatlou at this exhibition, of
in oh law among Its nieninerii.
r II. I'ntll further orders the m nit ers of the first
class will be confined to the limits of the plain
bounded by the carriage road parsing the barracks,
library, Fort C'lntou, aud the Superintendent's
quarters. They are further deprived of all privi
hgrsand Indulgences granted to cadets, nor shall
they spplv for the same. Meiutrrs of the class uot
Implicated may b relieved fromtheoperatiouor this
order on disavowing all connection with this dis
graceful atfair. By command of
Colonel PiTTiiKK.
Edward C. Boynton, Brevet-Major aud Adjutant.
A scoffer, residing in Hartlord, Conn., who
has been contending that he could not hiarn
from the mott careful reading of the papers
what good the scientific party in Mount Wash
ington is doing, was dumbfounded last Satur
day when he learned by the daily report that
tbey have discovered "a mow ll ik" of ;t
SECOND EDITION
To-Day's Cable Hews.
The Belgian Militia Ordered M.
Tho London Conference'.
dobzqstic ArrAins.
The Ocean Queen Case.
Death of Hon. John Covodo.
EUROPE.
The BeUlaa .Hllllla.
London, Jan. 10. The Brussels Echo of the
10th says that the Belgian militia are again
summoned to the frontier, and that a staff of
ofiicers has already arrived at a point in the
neighborhood of Longwy.
Tbe Investment el IJWet.
The Prussians coutlnue the investment of
Givet, near the Belgian border.
The IiOndon Conference.
Berlin letters to London journals assert that
the London Conference is likely to consider the
question of peace in case of the surrender of
Paris during tbe session. They also state that
Lord Granville is the author of the postpone
ment of the assembling of the Conference.
FROM TllK ISTHMUS. 1
The Seizure of the Ocean Queen.
New York, Jan. 11. An Aspinwall corres
pondent has the following: I am informed by a
Cuban officer of a plan organized to seize the
steamship Ocean Queen, which sailed from Now
York December 3d. General W. A. C. Ryan, of
Cuban celebrity, took passage under the assumed
name of Ashbury on tbo Ocean Queen, after
shipping two thousand cases of arms and ammu
nition. Two or three hundred Cuban troops
were expected to go aboard as passengers, aud,
when two days out, seize the steamer, land
troops nnd arms somewhere on the island of
Cuba, nnd then release her.
Two hundred United Stales troops for San
Diego, California, were on board the Ocean
Queen, vhich 60 alarmed the Cubans that they
did not embark, and General Kyau went to
Aspinwall alone. Tbe landed arms,ctc, awaited
the arrival of the steamer Hornet. This vessel
arrived December 27, and sailed for Cuba on
the Slst, with a number of Cuban recruits.
Rumors say this expedition was arranged for
the purpose of aiding General Mosqucra in an
anticipated revolution, having for itn object the
overthrow of the present Government of Pana
ma, and the visit of Ryan to the fortifications
of Panama, accompanied by United States
Consul Perry, served to corroborate these sus
picions; but thus far there have been no demon
strations pointing towards revolution.
FROM THE PA CIFIC COAST:
A Hnn KrimcUeo Park.
San Francisco, Jan. 10. The Board of Su
pervisors of San Francisco has passed resolu
tions asking Congress to grant to the city of
8an Francisco the use of the major portion of
tho Presidio military reservation for a public
park.
Coventors' lonugnratloB.
Tho new Governor and Lieutenant-Governor
of Nevada were Inaugurated yesterday.
The Northern Pacific Railroad.
Judge Rice, of the Northern Pacific Railroad,
has made arrangements for a vigorous prosecu
tion of tbe road on the branch from a point six
miles above the mouth of the Cowlitz river, on
the Columbia river, Oregon, via Olympla, Wash
ington Territory, to Puget Sound. Two thou
sand Chinamen have been contracted for here,
and will commence going north next week to
work on this road. The Pacific Rolling Mills
will furnish rails to the extent of their capacity.
The re6t are on their way from New lork,
Seventy-five miles will be in running order by
the first of J uly.
FROM THE STATE.
Death of the Hon. John Covode.
Special Despatch to The Evening TeUjrupk.
Harkii-hluo, Jau. 11. Tho death of the
Hon. John Covode occurred at 4 o'clock this
morning at the United States Hotel here. It
was caused by heart disease, tho first attack of
which occurred about 1 o'clock this morning.
Hon. John Cessna was with him at the time of
his death. Mr. Covode and his wife had been
to Philadelphia to place their children at school,
and were on their return West at the time of
bis death.
Death ol Kenreseniatlve J. A. Campbell
Blcial Despatch to the Evening telegraph.
Haruisiiurg, Jan. 11. Joseph A. Campbell,
member of the House from the Seventeenth
Philadelphia district.dled this morning, at hall
past 5 o'clock, of consumption.
FROM WASHIJfGTOJV.
TheNews offllr.Covode'a Death at the Capital.
Special Denpateh to The Evening Telegraph.
Washington, Jan. 11. Tho death of Hon.
John Covodtf, which occurred ut Harrlsburg this
morning, created a profound sensation among
the members of tho House. He left here a
few days ago apparently in U's usual
health, and expected to return in time to vote
on the San Domingo resolution, to which he was
opposed. He was so well kuown hero that his
death has been the absorbing topic of convcrsa
tion in both bouses all the morning. Ills death
will be formally announced by his colleague in
me House in a lew tiavs.
FfiOM THE SOUTH.
Destrnrtlve flrt at Newbern, N. V.
Newbekn, Jan. 11. A fire on Pollock street
last night destroyed the Episcopal church, Baer
& Eppler's dry goods store, and Nashe's book
store. Loss about fOO.OOO; insured for about-
f 30,000. The church was not insured.
Halttmere Produee Market.
Baltimobk, Jan. 11 Cottou firm; middling up
lands, 16.c. ; low miaamigs, iour active
ana very firm, but prices oucuasged. Wheat arm
at yesterday's prices ; stock scarce. Corn in fair de
mand ; white. bi(-!c. Cuts active at Cx5t7e. Rye
nuiet and uuchauged. Mess I'ork In good demaud
at iMWSu 75. lidcon in good demand : rib sidds,
lc; clear 1b tv.c ; shoulders, Mc. limn, H4
iv lurd 'V l:i!'' d'-vii!"! a' ! yi irtuy til
FROM NE UEJV GLAND.
Fire at Portland.
Portlant, Jan 11. Building No. 2 of Kim
ball fc Larkln's carriage factory, on PreMe
street, wns damaged by tire this morning to t ie
extent of 15000. Insured.
LX30AL I LIT 13 LL I d Z3 1? C 13 .
Contested Election Price . Mod-Trouble
wim a rrottionecarjr.
Court of Common Pleas Jxtdge Ludlow.
This morning David W. Sellers. Esq.. came
into Court and stated that a proceeding was
about to be instituted before the Legislature
contesting the seat of James Lyud as as Asso
ciate Judge of tho District Court, and In order
thereto tbo law required a certificate from the
Prothonotary of this Court that at least fifty of
the signers to tbe petition were qualified elec
tors. The petition, with tbe names of some of the
most prominent citizens of the community, had
been presented to Mr. Donegan, the Prothono
tary, nnd his certificate requested, lie refused
to sign It, and therefore it became necessary to
present the following petition to the Court:
io me uonoranie me tiuagcs or tne conn or
Common Pleas: 'lhe petition of David W. Sellers
reBpcctluliy showeth to the Court thai he U a peti
tion r with more than fifty other auaMBed electors
of this county to a complaint setting forth an undue
election and false return in the oitloe of Associate
Judge of the District Court of the County of Ptillv-
fleipnia in uctoner last past, which said petition aud
complaint require a certificate to be attached from
the prothonotary tbat at least fifty of the petlilonnrs
at the time of H'sinng were duly quiliUed
electors. That said petition and complaint
were precente't to Ktchard Donegan, I'rothouotury
of this Court, ou January II, wti, with a requert
that he should sl(rn Bald certitlcaie, and with the
offer on the part of your petitioner to depose an oath
that he knew at leaBt IKtyof sanl petitioners' were
quadtled electors, but that said Tiiuhard D tnegan
refused to slsn said certiflcnte. And your petitioner
further sailh that unless said peM ion is preseuted
to the Senate of Pennsylvania within ten days afcer
the organization of the Legislature (which took
place on tho third day of the present month),
accompanied by such a certificate, the same would
not he according t law, aud' no Jurisdiction would
attach to proceed on said complaint and petition;
and fotasmucn as the case is one of exigency, aud
no speeov remedy exists, your petitioner prays that
the said Richard Doneiian wl.l be forthwith com
manded to sign such a certificate.
DAVtO W. 8ELLER3.
Mr. Sellers requested that the Prothonotarv
be sent for, in order that he might explain his
refusal to do as required.
Mr. Donegan came in and said that when the
request was made he could uot certify that the
petitioners were quaiuico electors, oecause he did
uot know it of his own knowledge, and did not
choose to stretch his conscience on th it point.
He mid he had not bad au opportunity to ex
amine tbe names.
Mr. Sillers flatly contradicted him by saylmr
tbat he had twice offered him tbe petition, and
lie had each time ptirdicd tt away from him, de
clining to bave anything to do with it.
An angry altercation was anout to take place
between tho Prothonotary and Mr. Sellers,
which, however, Judge Ludlcv prevented by
eaylhg: I
"Mr. Prothonotary, I, as a Judge of this court.
now band you Ibis petition, with the names of
the petitioners, nud direct you te examine them
in order to satiety yourself that they are qua
lified electors, and If, upon oath being made
tieiore you, oi tneir quaiincations, you sun re
fuse to sign the certificate, we shall have to pro
ct ed as directed by the act of Assembly. Now,
taKe mis ana report oy va o ciock.
Air. Donegan took tbe paper and left court.
Tbe following are some of the Burners to the
petition, of whose qualifications as electors the
certificate is wanted:
William A. Porter, George M. Dallas, E. R. Cope,
O. lncersoll, 'i nomas W. Price. N. H. Sharnless. A.
V. burton, David W. Sellers, Johu Sunviel, Richard
Vaux, Kiruoii Arnold, C. M. Husbands, George Nor
throp and others.
At 13 o clock the Prothonotary returned.
handed tbe petition back to the Court, and
said:
With all due respect, your Honor, I do not
see that I can sign the certificate."
Judge Ludlow. "Let an alternative manda
mus isKite returnable at 1 o'clock."
At 1 o'clock counsel stated that there bad oeen a
dimcislt j In the Prothouotary's ottlce about the form
of the writ, and the hour had arrived before the
writ had been made out: nut Air. Sellers' Bald that
as the rrothonotiiry himself li'id to make out his own
writ to he served upon him, aud he was fully cogni
zant or tne meaning or tne oruer, ne cnrtamiy ought
to make return at once.
Counsel representing Mr. Dotegan said they wonld
make return as soon as they saw the writ. They
wished to sake several points; one that he, not
oeitg custodian or the list or voters, was
tiuable to certify that these petitioners were qualified
electors; and the other, that the act 01 Assembly
under which this demand was made was unconsti
tutional. In that It required a judicial aet of an ex
ecutive oillcer.
Judge Ludlow suggsted thatir oa'n was made
before the Prothonotary of the qualifications of
these electors, he could certify that upon this affi
davit he believed them so to he. This might be suffi
cient, and save further trouble. He gave him until
2 o'clock again.
At 12 o'clock tne protnonotary inaae tne jouowing
mum to the writ oi mandamus:
In answer to said writ. I auswer and say that I
am not the custodian of the list ot qualified electors.
and have no knowledge or means of knowledge
that the signers of said petition are such qualified
electors.
And ror further answer, I say that I am advised
and so aucgest that the act of Assembly In such
cuses made and provided (to wit, the act of July 3,
1SH0) Is contrary to the Constitution of thUt bate
and bus no binding force whatever, and hence re
spectfully Bunmlt that I am not bound to raaks such
cettincate.
bworn to before K. D. donegan,
Ci:okob Ddiss.
Mr. Sellei a demurred to the return, saying that
the return admitted that tne signers or una petition
were qualified electors, but simply said thai Mr,
Doik can was not custodian of the dst.
Alter Hearing counsel, juage luuow saia: "it
we order our J'rothcnotHry to certify to a record of
tlili court, it will not do for him to refuse obedience
on the ground that he does not know the record to
be true, and thus I answer lhe first proposition of the
auswer. as to tue secoua, i Bay tt woum on revolu
tionary In me at this time to decide that this act of
Assembly Is unconstitutional I award a peremp
tory mandamna commanding the Prothonotary to
certify that upon the affidavits before him he be
lieves tbe petitioners to oe quaunea electors."
GEOKtiU.
The
Troublesome Weaaiorlal Question II ew
lhe Issue Mundo.
A Washington despatch says: The case of the
will be heard before tbe Judiciary Committee
on Wednesday next, unless a railroad or some
other accident Interposes. Contrary to state
ments that have been wade, there are onlv two
rivul delegations seeking admlttauce to tbe pre
sent Congrets. Joshua Hill and II. V. M. Miller
were elected Juivsi, ios, and Henry P. Farrow
and It. H. Wbltely, Feb. 15, 1870. The condi
tion of the question is about as follows: Hill and
Miller were elected by the Legislature organized
by Gen. Meade, before the colored members were
expelled. There were in that Legislature, ails
alleged, some tweuty memuers dtiquaiiiied irom
holding scats by tbe fourteenth amendment; and
Ibis is the ground on which the validity of the
election is questioned. After this election
about tweuty ot the colored members were
expelled, aud minority candidates admitted
in i their placet; uu suca was me composi
tion of the Assembly iu December last, when
Congress ordered a reorganization. The
minority candidates in the seats of the negroes
were turned CU auu me lurmer occupants re
stored, and the members disqualified hv the
amendment were e xpelled and minority candi
dates put In tneir maces; and farrow and
Whitely were elected by the Legislature as thus
composed. So one set of Senators were elected
when the Legislature contained twenty mem
bers politically disqualified for them, and the
other by a Legislature containing twenty mem
bers who received only a minority ot votes.
Tl e ci'iniiittlee 1M repot t as so n as toe con..
U Us. U .xi Kii iiv-iid.
THIRD EDITION
TO-DAY'S WASHINGTON NEWS.
The New Specie Bonds.
The Georgia Election Cases.
Proceedings of Congress
FROM WASHINGTON.
Special Desvaieh ' The Evening TeUgrapK
Wabhiboton, Jan. 11.
The WmpB Muff race Adveeatee
had a protracted hearing before the House Ju
diciary Committee this morning, and presented
arguments to show that, under the fifteenth
amendment, they are entitled to vote without
any further legislation. There were about
twenty of them present. Among them were
Mrs. Woodhnll, Miss Anthony, and Mrs. Stan
ton. This afternoon they held a convention.
Tbe committee was very favorably Impressed
with the arguments of some of the ladies, and
one member said that no man in the House
could have stated that side of the case more
forcibly than was done by Mrs. Victoria C.
Woodhnll. .
The Five Fer Cent. Bends.
The Ways and Means Committee agreed
to-day to report the Senate bill increasing the
amount of five per cent, bonds to five hundred
millions, interest payable quarterly; but it is
provided that as new bonds are to be put upon
the market the old ones must be redeemed and
cancelled. The committee is preparing a supple
mentary tariff bill relating chiefly to duties on
woollen goods. It is proposed to increase the
Duly en nilaed Woelleoa
to 45 cents. Mr. Brooks offered an amendment
to place coal on the free list, but it was not
adopted, tbe vote being 4 to 4.
Moating Decks and Batteries.
The Secretary of the Navy was before the
House Appropriation Committee to-day and
made an argument in favor of the appropriation
for floating docks and batteries. The commit
tee is not disposed to make an appropriation for
such purposes.
Nieamer Hiibnldles.
The Senate Postal committee agreed to-day
to report in favor of the establishment of a line
of steamers between California and Australia,
with subsidy sniiicient to secure its success.
The Georgia Menators.
Messrs. Hill, Miller, and Farrow, claiming to
be Senators from Georgia, had a hearing this
morning before tbe Senate Judiciary Com
mittee. It will be some days before the com
mittee will be able to make a report, and the
admission of any of the parties is doubtful.
The Georgia Case.
Despatch to Die Associated Press.
Washington. Jan. 11. The Senate Commit
tee on tbe Judiciary to-day gave a hearlnir to
Dr. Miller and josnua mil, the one clalmiuir a
teat as fenator from Georgia for tbe term ex
piring March 4 next, and the other lor the term
ending March 4. 1873. Henry P. Farrow, who
with Wbltely contests their seats, was also be
fore the committee, with whom their case now
rests.
Obituary Perry Falter.
Perrv Fuller died suddenly this morntner at
his residence in this city of paralysis of the
heart. Several weeks ago he had a severe attack
of illness, but bad apparently entirely recovered
his health and was in cheeriul spirits last night
while visiting friends. He was forty-four years
oi age.
renin bidibic.
Despatch to the Associated Press.
Washington, Jan. 11. The nouse Judiciary
Committee this morning heard the argumentsof
Victoria C. woodhull, Mrs. Deecher Hooker,
Mi fan a. Anthony, and Mrs. A. u. Kiddie.
claiming the right of suffrage for women under
the fifteenth constitutional amendment. About
fifty other ladies were present. The committee
listened attentively to the speeches, but took no
action.
FROM THE STATE.
Additional Particulars of Mr. Cevede'e Death,
Huecial De patch to the Evening Telegraph.
Harkibburo, Jan. 11. Mr. Covode reached
here in good health last evening from Phlladel
pbia. He was quite cheerful and ate a hearty
supper. Soon after he complained of feeling
chilly, and later in lhe evening he Buffered con'
Biderable pain in tbe leTt side, but did not feel
at all alarmed. His suffering increased until
about midnight, when Dr. Zeigler was called
in. He was then much prostrated by very acute
pain in the region of the heart, but the pbysl
clan assured him of relief in a short time.
Tbe pain continued to increase, however,
until about 4 o'clock, wben his physician told
him that he would be better in an hour, ne
answered, "Must I suffer this agony for an hour
vet?" and almost immediately after said, "I am
dying," and ceased to breathe. His wife accom
panied him, and was attended during tbe night,
after Mr. Covode's illness became alarmiog, by
Mrs! Senator Cameron. His death has created
a profound impression here, and he is as widely
lamented as he is known. He was first a poll
tlcal candidate in 1843, when he ran against Mr,
Hngbes for Senate in the then hopeless Demo
cratic district of Somerset aud Westmoreland,
andfeame within a few votes of an election. In
1854 be was elected to.Congress over Mr. Drum,
and was re-elected in 1856, 1358, and ISftO. In
1863 he declined a renomiuation and the district
was lost, Mr. Dawson being elected. In 1801 he
was prersed to accept a nomination again, but
peremptorily declined, and Mr. Dawson was re
elected. In 18o6 he was forced to accept the
nomination aud he was elected over Mr. Weir,
and in 18oS he was re-elected over Geueral
Foster. In H?0 he declined, and General Foster
was elected over Hon. Andrew Stewart by some
700 majority. In 1800, and again in 18C3, he was
a prominent candidate for the Republican
Gubernatorial nomination, and, had he lived,
would very probably bave been tbe candidate in
187'J.
FROM NEW rORK.
nntrt v OoeuDatloa of Ilawr-
S!mar VMv .Tan 1 1 A auonnaeil nntntmnAoA
report of the occupation of Havre by the Ger-
mans is circm-uo umo.
Mate- Factory Buraetf.
The match factory of J. Leoger, on West
Fifty-fourth street, was damaged to the amount
of f 8010 by fire this morning; Insured.
Bids fer Beads.
Nxw Your, Jan. 11. The bids for bonds aggre-
f a- l P.'.H4.1 1 1. t 7-PlrrfK-ilO. The HvruMi wee
CONGRESS.
FORTY-FIRST TERM -THIRD 8E9 4IOH.
Beaate.
j.nuj.jivr. vau. A l. Alio iiuum IXJnCUrTSot
resolut.on for the appointment of a joint committee
on ail ocean cable legislation was debated npon a
WioimiAu Tan , 1 Th. .
""" "J vnanaier w reier to tne committee
on Foreiga Relations.
Mr. Sninoer, sanimarfslng tbe resnlts of that com
mittee's actios upon various propositions before It,
b.iu hi..iui.ijB uiaeroniB now peuding wbioh had
i.ucu icpurwu irom mat committee was a general
ima.'-ure for a oode regulating ooean cables, the
substance of which was sketched by their late asso
ciate, Mr. Fessenden.
There were also several special bills, one for a
cable from Ban Franclsoo to Japan, which had been
luuniucitii uiBUT ujb u me committee. He
doubted the expeolencj of taking all those mutter
at this late stage of the sestdon from the charge of
the committee which had specially considered them.
a jouii committee, u appointed at an, snouid begin
with a new Congress.
Mr. Williams advocated a joint special committee
as necessary to an Intelligent understanding by
Congress of the pending conflicting propositions.
One of these was to appropriate t&OO.ooti yearly for a
loDg period In aid of a telegraph line from Cali
fornia to China. If another company would do the
work for one-half that amount, there was a ntness In
having their proposition and the pending one pre
sented to the same committee.
The subject, by consent, was flnallT laid over with.
out action till to-morrow.
The latter half of tbe morn I nor honr was ocnnnieii
by Mr. Revels in some remarks unon the bill to aid
in the repairs and construction of levees in the
tateB of Mississippi. He spoke of the Import
ance of the cotton trade, remarking tnat while cot
ton was no longer king, Its commercial influence
upon the n aterlal Interests and prosperity of tbe
country demanded tbat ail proper measures should
be taken to foster It
He referred to ne difficulties in the wav of cotton
production In Egypt and Bractl, to show that with
proper encouragement Its cultivation in the United
States could be carried on without fear of success
ful competition In other countries. By the Improve
ments contemplated by the bill several millions ef
acres of cottou land lu the delta between the
Mississippi and Yazoo rivers would be opened to cul
tivation. I'pon his motion, the bill was referred to tbe Com.
ml' tee on Agriculture.
The isenate then resumed the consideration of the
resolution as amended by tbe Heme for tbe appoint
ment of a commission to ban Domingo, the question
being npon Mr. Sumner's motion to amend the
House amendment by adding thsrett: "And the
commissioners shall inquire especially into the al
leged pendency of civil war In Dominica, and extent
of territory occupied by the opposing parties; also
as to the relations between the existing
Government of Dominica and the neighboring re
publlo of Haytl. and the pendency of any claim
ten Itorlal or pecuniary by tbe latter upon the former :
and whether any war now exists or is menaced be
tween these two Governments.
Mr. Sanlsbury moved as a further amendment, to
add: "And provided further, That Benjamin F.
Curtis, Millard Fillmore, and w. F. Sherman be the
commissioners."
House.
Mr. Kelsey. of New York, from tbe Coumlttee on
Appropitations, reported the Diplomatic and Con
sular Appropriation bill. Made the special order
lor t wciay next, a ne dui appropriates 1,438,847.
Mr. Degener Introduced a bill for the better pro
tection of tbe frontier of Texas. Referred.
Mr. Wilson, of Ohio, from tbe Committee on .
Agriculture, reported a bill to procure and dissemi
nate Information as to the extent ef cereal crops
In other countries, requiring such Information to be
iurnisncu iy united states consuls, i'aased.
Mr. Wilson also reported a bill to prevent cruelty
to snlmals while In transit by railroad or other
means of transportation, forbidding cattle to be
confined In railroad cars longer than twenty-eight
consecutive nours witnout unloading, to give tbe
cattle rest, ater, and feeding for at least Ove con
secutive hours, except prevented by contingencies.
He explained that the bill did not apply to steam
boats where arrangements are made to feed and
watt r cattle.
Mr. Kldrluge questioned tne propriety aid eonsti-
tutionallty of the bill.
Mr. Wilson stated the measure had been carefully
considered and submitted to some of the best law
yers, who certified to its legality and constitutionali
ty. Tbe transportation by railroad of cattle from
the West to the East was very great and was dally
increasing, sod It was well known that tbe most In
human and barberoun practices were perpetrated on
stock in transit tnat were not only aiegracerui to
humanity, but made meat of cattle deleterious to
health.
Mr. Eldrldge was satisfied tbat the bill was
re gugnant to tbe Constitution, inasmuch as it
lnterlered with the internal ponce regulations
of each State. Congress might as well nnde r-
take to legislate for the police in every city
and village. He suggested that the bill should
be referred to tbe Judiciary committee.
Mt. Wilson argued tbat tbe bill was directly
within the scope of the provisions of the Con
stitution, which gave to Congress power to regu
late commerce between States.
H moved tbe previous question.
On a vote by tellers there were only 104
members voting, which lacked fourteen of a
quorum.
On a second vote by tellers tbe vote was still
less, many members being probably attracted
to tbe Senate Chamber oy tne uomiuican debate.
A motion to adjourn was then made, pending
the vote on the yeas and nays.
Tbe Speaker laid before the House a . tele
gram from Governor Geary announcing the
death at Harrlsburg this morning of Hon. John
Covode, Representative from Pennsylvania,
and speaking of him as a good citizen and valu
able and faithful public servant and a true pa
triot. TEJIKSYLYANI- LEGISLATURE.
Heaate.
Hakri8BCRG, Jan. 11. Mr. Connell presented a
petition contesting tbe seat of Senator Deobert,
alleging tnat ne received dui i,oxu votes maa tnat
his competitor itceived 1S,8S votes. The petition
also alleges general frauds, neglects, etc.. In all the
Democratic precincts oi tne oeconu, Tnira, ana
Fourth wards. Mr. Connell moved to select a com
mil tee (o-iuorrow.
Mr. Davis, or iserks, moveo to postpone tne subject
for the present. Agreed to.
Tbe following oius were introduced:
liv Mr. Connell. extending the time for tbe com-
piet'ou of the Philadelphia and Montgomery County
Kallroad.
Tloo.se ef Representatives.
Mr. Schnatterlv presented tbe petition of citizens
of the Twelitb district, contesting the seat of John
Latnon, Republican. Friday next, the ism lust.,
was fixed lor the appointment of a committee.
Mr. Quigley prestuted tbe petition of citizens of
the Eleventh district contesting the seat of Hamuel
llagar, Republican. Thursday next was fixed for
tbe appointment of a committee.
Mr. Jokephssald tiat it was bis painful duty to
announce the death of Hon. Joseph A. Campbell.
He would present resolutions on tbe subject here-
r Ellis, Schuylkill, moved to print 3000 copies Of
the l eport of tbe State M inlng Su perlntendent.
An amendment offered by Mr. Johnson, of Phila
delphia, to print but luoO copleB, was lest, as well aa
another amendment bj the Bame gentleman to limit
the ctst of the books to forty cents each.
Mr. r-mtlh, of Philadelphia, lavored the larger
number, as did also Mr. Ellis, of Schuylkill.
M r. Johnson said that the book was iuipttrfeot.
The original resolution was passed.
Mr. Fulton, of Westmoreland announced the
death of Hon. John Covode, sad offered tbe follow-
HS It ftolutlull !"-
M A.fw, TSo Hon. Jeho Oovodo, paoof tbo Rprot
tivof tiiUBtsto la tti pront OonrrM, diJ 10 Una
to tho National Capiud. ... -.!.
H.Z,l.d If tna senate concur, thkt a oommittoo of
thVaTof o uombVr. of oaoto Pot- b appointed to
maK airs e-s fZ U.n.- Of tus bod, to bis
bom.
pouAi nrjauiiOusi ji
Te Senate aud House met In Joint convention to
elThereiu1t was-for B. W. Macksy, TO Republican
votes - Dunlel O. Barr, SO Democratic votes.
Hubert W. Mackev wss thereupon declared to be
elected Treaiurer for one year from May 4, luTl.
The only Incident of tbe election was a short
rpeeih by Senator Billlngfelt. US laid tBttV5
hud already expressed hla preference, and as he be.
lieved that this was the last time the LeetalatirrV
would be called on to enter into such a eonteat. h
would on this occasion vote for the regular KenYhl
Ucan nominee, Mr. Mackey. wepahf
The Speaker of tbe House announced t
mlttee to escort tbe remains of Hon. John
io .o,,,-of Messra. Fulton, Hlosj,, and ilSmphreM?