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VOL. XV.NO. 9.
PHILADELPHIA, WEDNESDAY, JANUAKV 11, 1871.
DOUBLE SHEET THREE CENTS.
EVIEOTNCQ-
k it .Mrra-TR a TPmi
-U U J .JJ MN U A.L V LI U
4
t
FIRST EDITION
'"--i
Daring Outrage at Lancaster.
The Albany Express Robbery.
Xlew Jersey Water Famine.
The Troubles at West Point.
The Case of the CoLrcd Cadet.
DAR1MJ CRIME IN LANCASTER.
94000 Mil Uther Valuables Nlolen A Family
Hound and tNnaaed by a Band of iTlasaed
Aim.
The Lancaster (Pa.) Express of last evening
baa an account of an Incredibly daring outrage
perpetrated in that city, from which we con
dense as follows:
Last night, between tbe hours of 10 and 11
o'clock, the residence of Hatnuel Denlinger, a
Director of the Lancaster County National
Bawk, of this city, was burglariously entered by
four men, with masked faces, and robbed of
f 4000 in Government and Lancaster city bonds,
f 100 in currency, gold, and silver, and three
silver watches, valued at $35 each.
Immediately upon entering the house the
robbers repaired to the bedside of Mr. Dun
linger, binding him band aud foot with ropes,
and also binding a rope across his mouth, which
they tied in a knot behind his ear. This, how
ever, was not very well performed, as the rope
tell from about bis face before the burglars left
the house. They then tied Mr. Denlinger's
mother-in-law in a similar manner, and next nil
wife shared the same fate. In tying Mrs. Den
linger, however, tbe fact was disclosed that the
parties, at least one of the number, knew
the family intimately; she is a con
firmed invalid, unable to walk or leave her
bed, and when oue of tbe burglars was about to
tie her aukies together, another stepped to his
side and whispered in his ear, when he at once
quit his hold upon Mrs. Denlinger's litubs, aud
refused to tie them. It is supposed that the
operator was told that it was unnecessary to
bind her, as she was unable to walk at any
rate. Having secured the family in tbe lower
part of tbe bouse in 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 aud bonds. He
told them where the pocket-book was that
contained the 1100, aud also where tbe
bonds were kept, giving oue of tticm the
key to llie desk, but tbe other tbree were so
impatient' that they broke the desk open and
abstracted tbe bonds. The masks 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, leaving their victims bouud upon,
their beds. By this time other members of the
household became aroused by the unusual
Bounds, and, discovering tbe family tied up in
this unpleasant style, quickly released them;
tut before the alarm could bo sulllciently
spread the burglars were safely out of the
vicinity.
THE ALBANY KXPItl SS , BOBBERY.
The Outrage Upon stxprees Messenger Hal.
piue.
The Albany Journal of last evening says:
Although several days have interveued, the
painful Interest and excitement occasioned by
the daring robbery aud attempted assassination
of the express messeuger Thomas A. Halplne,
on Friday evening, have scarcely abated. From
the manner in which tbe entire affair was
planned and successfully carried out, it is evi
dent the robber was no ordinary criminal, aud
has thoroughly provided for the means of
escape. Every momeutof time, from before
the train was made up, was calculated with a
precision which the result shows was perfect.
Tbe 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
boise was attacked, as if in waiting for some
one, about the time tbe deed was committed,
receives a great deal of credeuce, and seems to
be a reasonable solution ot tne mystery ana
manner of the criminal's flight. It is generally
believed the whiskers aud moustache were false,
and if such were the case, the robber might
very easily have taken tbem off, and jumped on
board one of the passenger cars and gone on to
Springfield or Boston, or else have taken tne
train to Troy, or may be, even now, stopping in
this city, almost witbout 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 dis
co veied a revolver lying on the ice, a short dis
tance south of tbe east end of the Hudson river
bridge. It was found to be a Smith & Wesson
seven-shooter, apparently a second-hand wea
pon, not a great tleul used, and answers to tbe
description of tbe one purcbased at Scott's store
on Friday afternoon. Tbree of the chambers
were discharged aud tbe remaining four loaded,
and it is undoubtedly the one used bvtbe robber
and thrown away by him on jumping from the
car after committing the crime.
Arrest of k Muspecled Mao.
Albany, N. Y., Jan. 10 Arthur X. Breed,
who was brought here from Syracuse on sus
picion of being the express robber, was con
fronted with the young man who sold tbe pistol,
but be failed to identify him as tho purchaser.
Halpiue, tbe ruesc-enger, was in such condition
this afternoon that tbe physicians refused to
allow Breed to brought into bis presence.
The constable made a statement, ia substance
as follows:
'I searched him (Breed), and found a new re
volver, which, la mv opinion, had never been tired,
and th- money or which 1 have spoken. I then aafcea
him where be tot ttie uiotiev, and he rod lied, '1 bor
rowed It of a friend.' lie afterwards told
roe that be sold a 200 bom) to Oil tries
Blair, a broker of 8 mouse, for ttfOOO.
then asked Mm where be sot. the bond, aud he said
he bought It in New York, but would not tell from
whom." Breed says he Is an Insurance agent, doing
business In Fulton. Oswego count?, lie appears to
be perfectly confident that Halplne, the express
manager, who was shot In h'B ear while attending to
bis duties, will not Identify him as the assisgtiu and
rohber. Iialplne's condition has changed for the
worse to-aay.
KE1Y JERSEY WATER FAMINE.
Precautions Acnlnnt Fir-lf0w Citizen are to
ThA N. Y. Post of ltLftt fevtrtiriflr rav:
"The Board of Police Co.nuilttioners and tbe
JJX mj is vs. v - v - vivuiof w vu
agents of the several lire insurance companies
a?aiuBt fire. It was decided to place one
V AwmA aniifal t.tWnt'TA ATI rflltV tO-nlirht In lh
several precincts in the city, to borrow from this
city ten thousand feet of hose, and to Import a
quantity of portable fire-extinguishers. At
ri,.i. 1 A uolla urn nvaln hronirht Into iiia
and new ones will be dug. The water lying upon
the property of tbe Hoboken Land and Improve
ment Company is also to be utilized for the citl-
r Li . . dccim r -
this city were distributed this morning among
Iba upper wards of the city. In Jersey City
tbie morning ten men were fined each fifty
f.Ur fur-baving turned on the water at the
WEST rOIXT TROUBLES.
Tbe Trial of the Colored tPadet-The military
Araeeany also Trial Chargee and Coau-ler-Cbnre
The Cadet Itleb.
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 hand 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
the cadets have vented their spite in jeering and
annoying tbe colored cadet.
Within a few weeks, a party entered his
room, in bis absence, and shamefully desecrated
it. Within the same period, a stalwart Ken
tucklan cadet, of tho next class above that of
Smith, and the heaviest and tallest man In it,
visited bim at his quarters and "took satisfac
tion of bim" by blows with the Est, simply be
cause "the nitrger" had not deferred to him at
mess as he might have done.
Tbe Kentuckiau was placed in arrest, and It
was expected he would be severely punished;
but tbe next day it was stated that the colored
cadet bad acknowledged that he had "exasper
ated" tbe cadet who beat bim, and the latter
was released. The Commandant referred to
the affair at parade, that evening; annonuced
tbe release ot the offender, aud said that "Cadet
Smith bad acted magnanimously."
All cadets in their "plebeian" state suffer what
they at the time 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 him how to treat real
or Imaginary indignities, ho 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 where he bad not sufficient cause. The
class which graduates next summer, last week,
with mob violence expelled three cadets,
expressly because they had practised a petty
1 hut fraud to obtain an Indulgence. Theoffend
ing cadets were "expelled," and it was hoped
tbat this action would help to justify the hatred
of the colored cadet, and bis expected ejection
from the Academy.
Cudet Smith appears to have determined, of
bis own motion, to employ no counsel in his
trial. It is stated that, in his previous trial, he
was so tenacious in his opiulons as to the
proper conduct of his defense that his counsel,
Colonel Parsons, finally threatened to withdraw
from the case unless his client would pay more
deference to his advice. In the preseut trial
Smith rs distinctly understood to bo guided
entirely by his own judgment as to the manner
of bis defense.
Tbe Judge-Advocate, lieutenant Gardner is
very considerate in dealing with the accused,
and, as was his prerogative, has now and.then
advised bim against pressing certain questions.
Smith, however, generally luslsts, aud the
Judge-Advocate can but receive the written
questions.- propound them, and then paste
tbem in the record. Yesterdaj' Cadet Smith
persisted in calling up the evidence in a former
affair with Cadet Anderson, which when it was
presented, operated much to his disadvantage
before tbe court, as he was ihown by tbe report
of a Cadet-Lieutenant to ha t maliciously kicked
a fellow cadet. The prose ntion will close this
niorniug. The defense w ft then begin, aud
will probably be continued. through two or three
days.
General Upton, after the recess of tho Court,
produced the geucral delinquency book, and
said tbat in referring back to the delinquencies
for September 8, 1870, this report is entered
ogaln6t Cadet T. V. Smith; "Nfalicious conduct
In ranks at driil P. M.; wilfully kicking We."
The report is entered Ju the name of Cadet
Lieut. White. For this offense accused sub
mitted a written explanation.
WEST Point, N. Y.. Kept, lis. O if cute "Malicious
conduct in rauks In drill ; wilful? Kick lug at tile."
hzpeanattmi. "The can et referred to as having
been kicked, bus been lu the habit of trying to triD
me at eveiy chance, especially In ranks, aud also
In crowding mount of ranks. Unring Hus drill lie
had strj i ed on my toes several Mines, and when wo
v ere ob'lquing to the left in this partlcul.tr Instance,
he came near tripping me twice, as he, being on my
ncbt, conlt place bm leit foot m front of my right,
aud thus throw ixe forwaid. So I took pmlculor
pbIdh to watch his movements, and when he placed
bis feet in position, whlcn I am coniidetit he par
posely done. InRiead of stumbling over it I kicked
It out nf tbe way. 1 had no d' sire to have any trouble
with the cade', but when 1 found tnat he continued
io show bis lll-naiure, J eonsidered myself justiUed
In puttii'g a stop to it. There was no malice shown.
UesuectfullT submitted.
j. w. cmitb, wauet rnvate.
This explanation ws returned by Colonel
Upton to Cadet Smith, for tbe name of the
cadet referred to as stepping on his feet. Cadet
Smith tetnrned it with the indorsement that
Cadet Anderson was the one he meant. The
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 tho
time he fell back slightly and reached a'ouud wita
bis foot to do so. Tuere was consloeranle crowding
in th company at the time, and the tripplog up of
Air. smith was unavoidable. 1 ne same tniug hap
pened to other files. That he kicked Mr. Anderson
with malicious intent 1 nave no nouot. it was
shown plainly In every feature of his f ac
"rt. u-. vv BITE,
"Cadet Lieutenant 4A' Company."
THE CADET MOB.
General Pitcher, the Superintendent of the
Military Academy, has issued the appeuded
order iu relation to the recent mob. Tbe sen
tence is regarded as a very severe one, and
amounts to close confinement for several
mouths:
IiKADQUARTBKB U. 8. MILITARY ACADEMY, WB3T
TOIKT, N. I., Jan. 10, 18T1 Srieclil Orders, No. 8.
. lu the hope that time and sober rejection would
Impel the first class concerned In the roceut unwur
rautable outrage on certain members of the f jurrti
cIhss, to disavow and regret their hasty action, the
Kuperiutendent withheld bis disapproval of their
moo-law violence until all tlio clrcuiustaaces were
lull made known
From these It appears that certain cadets of the
fouith cliirs were guuty of a violation of tne regula
tions, ana or tne law concerning veracity, which,
considered in relation to recent similar circum
stances, are calculated to destroy the well-deserved.
aud. uptil now. the Wt)ll-p."eerved eood name of the
Corps ot Cadets. While eouredlng that the motives
which animated the runnoi rs or tue urst class orlgt
uated from a inaisewortliy source, no words can ex
press too forcibly the disapproval by the superin
tendent oi tne assumption i power oy caiets, until
now unknown to those who organized, and for 03
years have governed, the Military Academy.
Well may the enemies of the Institution point
sneer i nir I v at Its military teachings, which, after
nearly lour years, have produced iu its graduating
class no belter fruit than this. While expressing
his bitter and p'rolonnd regret at the cause aud cou-
sequences ot tms most niscreuiuioiu nu.nr, uie
hupsriuteudent Is of the tiriu conviction that but
few of the entire body of cadets hold tue reputation
of the Military Academy tn so little esteem as not to
feel the deepest mortification at this exhibition of
11 1 oh law among Its inemners.
? II. I'ntll further orders the rucnit ersof the first
class will be confined to the limits of the plain
bounded by the carriage road pa -h trig the barMeks,
library, Fort C'lnton, and the Superintendent's
quarters. They are further deprived of all privt
1 get and Indulgences granted to cadets, nor shall
they apply for the same. Membt-rs of the class not
Implicated may be relieved from theoperatlou of this
order on disavowing all connection with this dis
graceful aiTair. Jiy command of
Colonel Pitcher.
Edward C. Boynton, Brevet-Major aud Adjutant.
A scoffer, residing in Hartiord, Conn., who
has been contending tbat he could not team
from the mott careful reading of the papers
what good tbe 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 snow ll ik'1 of .1 bei' '''!-
SECOND EDITION
To-Day's Cable Hews.
The Belgian Militia Ordered GjI.
The London Conference.
DORIX3STXC AFFAIRS.
The Ocean Queen Case.
Death of Hon. John Covodo.
I ROM EUROPE.
The BeUlua .Militia.
London, Jan. 10 The Brussels Lho of the
10th says that the Belgian militia are again
summoned to tbe frontier, and that a staff of
officers has already arrived at a point in the
neighborhood of Longwy.
Tbe Investment of tilvet.
The Prussians coutlnue the investment of
Givet, near the Belgian border.
The liOodan Deulerenee.
Berlin letters to London journals assert that
the London Conference is likely to consider the
question of poace in case of the surrender of
Paris during the session. They also state that
Lord Granville is the author of the postpone
ment of the assembling of the Conference.
FROM T1IK ISTHMUS. '
The Seizure ot Hie Ocean Queen.
New York, Jan. 11. An Aspinwall corres
pondent has the following: I am informed by a
Cuban ofllcerof 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 tho 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 and arms somewhere on the island of
Cuba, and then release her.
Two hundred United States troops for 8an
Diego, California, were on board the Ocean
Queen, which so alarmed the Cubans that they
did not embark, and General Ryan went to
Aspinwall alone. Tbe landed arms, etc., 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 thU expedition was arranged for
tbe purpose of aiding General Mosquora in an
anticipated revolution, having for its 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 PACIFIC COAST.'
A Han Fruacinco 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
San Francisco the use of the major portion of
tho Presidio military reservation for a public
park.
Oovernor' InnnRnratlen.
The new Governor and Lieutenant-Governor
of Nevada were inaugurated yesterday.
The Ptorthern Pacific Haliroad,
Judge Rice, ot the Northern Pacific Railroad,
has made arrangements for a vigorous prosecu
tion of the 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.
Th9 re6t are on their way from New York
Seventy-five miles will be in running order by
the first of July.
FROM THE STATE.
Death of the lien. John Cevede.
Special VespaU h to The Evening TeUjrupk.
llAithi(-iano, Jau. 11 The death of the
Hon. John Covode occurred at 4 o'clock this
moruing 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 tho time of
bis death.
Death el Representative J. A. Campbell.
Eieciul Detrpalch to the Evening Telegraph.
Harrimwrg, Jan. 11 Joseph A. Campbell,
member of the House from the Seventeenth
Philadelphia distrlct.dled this morning, at half-
past a o clock, of consumption.
FROM WASHIJVGTOJV.
ThsNfwi fQIr.Covode'a Death at the Capital.
BpfMal Dexpatoh to The Evening Telegraph.
Wasuinoton, Jan. 11. The death of Hon.
John Covode, which occurred at llarrlsburg 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 timo to vote
on the San Domingo resolution, to which he was
opposed. He was so well kuown hero that bis
death has been the absorbing topic of convcrsa
tion in both bouses all the morning. Ills death
will be formally announced by bis colleague in
tne nouse in a lew tiavs.
fAomthe so uth.
Deatrnrtlve Fire at Newbern, N. C.
Neu uehn, Jan. 11. A fire on Pollock street
last night destroyed tbe Episcopal church, Baer
& Eppler's dry goods store, and Nashe's book
store. Loss about 00,000; insured for about-
J '0,000. The church was not Insured.
Haiti more Produce Market.
Baltimori, Jan. iL-r-Coitou firm; middling up
lands, lfJS.c.; low middlings, lJo. Flour active
ana very firm, but prices uucLuuged. Wheat arm
Kt veaterduv'a prices; stock scarce. Corn lu fair te-
niand; white, hi2c. Oats active at 6d6Ic. Kye
(luiet and uueitaugea. mess fork la good demaud
ut rO-coirfVio 75. lldcou in good demand : rib sidas,
lKc; fiear 1t 12c ; shouldrs. Mo. Hiin, H4
1 S ' Icr.l 'n l:i!' '1 :!! H' 11 '. W il'sKy 111 i
FROM JfEWENGLAMD.
Fire at Portland.
Portlasp, Jan 11. Buildlnir No. 2 of Kim
ball fc Larkin's carriage factory, on PreMe
street, was r'atnagrd by tire this morning to fie
extent of 15000. Insured.
leqal irjTEiLLianrjcn.
Contested Elertlon-Prlee ve. fynd-Trouble
with a rrotnonotary.
CVtirf of Common Pleat Judge Ludlow.
This momlu'r 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 Lynd as as Asso
ciate Judge ot the District Court, and In order
thereto tbo law required a certificate from tbe
Prothonotary of this Court that at least fifty of
the signers to the petition were qualified elec
tors. The petition, with tbe names of some of the
most prominent citizens of tbe community, had
been presented to Mr. Donegan, the Prothono
tary, and ms certiacate requested. He refused
to situ It, and therefore it became necessarr to
present tbe following petition to the Court:
to tne iionoranie tne judges or the Conrt of
Common Pleas: '1 he petition of David W. Sdllers
respectfully showeth to the Court that he U a peti
tioner wlih more than nffy other auailBed electors
of this county to a complaint setting forth an undue
election aim i uise return iu tne oitlce of Associate
Judge of the District Court of theCnnutyof PUllv
delplila In Octolier last patt, which said petition and
complaint require a certificate to be attached from
the piothouotary that at least tiftv of the petli.lonrs
at the time of sailing were duly qualified
electors. That said petition and complaint
were presented to Hlchard I) nieiran. Prothouourv
of this Court, ou January II, I8T1, with a reque
that ne snouici sign said certificate, and with the
offer on the part of your petitioner to deposu an oath
that he knew at least fifty of svd petitioners' were
qualified electors, but that suld lit chard Dinegan
refused to sign said certificate. And your petitioner
further saith that unless said peil'iou Is presented
to the Senate of Pennsylvania within ten days after
the organization of the Legislature (which took
p.ace on tho third day of the present mouth),
accompanied by sncn a certificate, the same would
not be according t law, aud no Jurisdiction would
attach to proceed on said comp.aint and petition;
andfoiasmnch as the case is oue of exigency, and
no speet.v remedy exists, your petitioner prays that
the said Klchard Donegan will be forthwittt com
manded to sign such a certificate.
DAVID W. SELLERS.
Mr. Sellers requested that the Protbonotarv
be sent for, in order that he might explain his
refusal to do us required.
Mr. Doncgau came in and said that when the
request was made he could not certify that the
petitioners were qualified electors, because he did
not know it of his own knowledge, and did not
choose to stretch bis conscience on that point.
lie sum ne naa not naa au opportunity to ex
amine the names.
Mr. Sellers flatly contradicted him by saylnsr
that be bad twice offered him the petition, and
be ii aa eacn time put-lied it away from bim, de
clining to have anything to do with it.
Au angry altercation was about to take place
between the Prothonotary and Mr. Sellers,
which, however, Judgo Ludlciv prevented by
saying:
"Mr. Prothonotary. I, as a judge of this court.
now hand you this petition, with the uames of
tne petitioners, aud direct you t examine them
in order to satiety yourself that they are qua
lified electors, and if, upon oath being made
before you. of their qualifications, you still re
fuse to sign the certificate, we shall have to pro
cted a directed by the act of Assembly. Now,
take mis ana report oy 13 o ciock."
Mr. DoMcgan tooK tbe paper and leu court.
The following are some of the signers to the
petition, of whose qualifications as electors the
certificate is wantud:
William A. Porter. George M. Dallas. E. R. Cone.
O. lngersoll, Thomas W. Price, N. II. Sharpleng, A.
M. burton, David W. Sellers, Johu Sainnel, Richard
Vaux, Klmon Arnold, C. M. liusbauds, George Nor
th rep and others.
At 12 o clock the Prothonotary returned.
handed the petition back to the Court, and
said:
With all due respect, your Honor. I do not
see that I can sign the certificate."
J u dire Ludlow. "Let au alternative manda
mus IsMie returnable at 1 o'clock."
At 1 o'clock counsel stated that Mi ere had been a
difUctdty In the Piothonotary's office about the form
of the writ, and the hour had arrived before the
writ had bee u made out; nut Mr. Sellers' said that
as the Prothonotary himself b-td to make out his own
writ to be served upon him, aud he was fully cogni
zant 01 tne meaning 01 tne oruer, ne cnrtaiuiy ought
to make return at once.
Counsel representing Mr. Cot egan said they would
make return as soon as they saw the writ. They
wished to mke several points; one that he, not
belrg custodian of the list or voters, was
iiuablo to cei tlfy that these petitioners were qualified
electors; and the other, that the act 01 AMsembly
tinder which this demand was made was nncouati
tutmnai, lu that It required a judicial act of an ex
ecutive oillcer.
Judge Ludlow suggosted that if oath was made
before the Prothonotary of the qualifications of
these electors, he could certify that upon this affi
davit he believed them so t.o be. This might be an tri
dent, and save further trouble. He gave bim until
2 o'clock again.
At 2 o'clock tne r rotnonotary moae tne ioiiowing
retuin to the writ of mandamus:
In answer to said writ. I auswer and say that 1
am not the custodian of the list of qualified electors,
and have no knowledge or means of knowledge
that the signers of Bald petitlou are such qualified
electors.
And for further answer. I say that I am advised
and so sue k st that the act of Assembly In such
fuses made and provided (to wit, the act of July it,
1889) Is contrary to the Constitution or thlst bate
and has no binding force whatever, and hence re
spectfully submit that 1 am not bound to make such
cettiucute.
hworu to before K. D. DON EG an,
Cr.OHOK Pdibs.
? Mt. Kelleis demurred to the return, saying that
the return admitted that the siguera of this petitlou
were qualified electors, but simply said that Mr.
Donegan was not custodian of the list.
Alter hearing couuaei, juoge luoiow saw: "u
we order our Prothonotary to certify to a record of
this court, it will not do for him to refuse obedience
on the grouud that be does not know the record to
be true, and thus I answer t he first proposition of the
answer, as to tue secona, 1 say it wouui on revolu
tionary In me at this time to decide that this act of
Assembly Is unconstitutional I award a peremp
tory mandamus commanding the rrotrtonotary to
certify that upon the affidavits before him he be
lieves tne petitioners to oe quaunea electors."
GEORGIA.
Tbe
Treublenoine Senatorial Uueatloa Uew
A Washington despatch says: Tbe case of the
ivui;ia uvuubuir. JAiObuuou 1 1 If LU larj.OftbUI uar,
win oe neara oeiore toe ouaiciary committee
on Wednesday next, unless a railroad or some
other accident interposes. Contrary to state
ments that have been made, there are only two
rival delegations seeking admittance to the pre
sent congress, josuua ttui and 11. V. M. Miller
were elected Juiv i, 1808, and Henry P. Farrow
ana . n. niteiy, r co. to, t70. ine condi
tion of the question isabout as follows: Hill and
Miller were elected by tne Legislature organized
by Gen. Meade.before the colored members were
expelled. There were in that Legislature, at is
alleged, some twenty members disqualified from
holding seats by the fourteenth amendment; and
this is the ground on wnicn ttie validity or the
election Is questioned. After this election
about twenty of tbe colored members were
expelled, aud minority candidates admitted
in i their places; and such was tbe composi
tion of the Assemoiy iu Decemuor last, when
Congress ordered a reorganization. The
minority candidates in the seats of the ne?roe
were turned out and tbe former occupants re
stored, aud the members disqualified by tbe
amendment were expelled and minority candi
dates put in their places; and Farrow and
Whitely were elected by the Legislature as thus
composed. So one set of Senators were elected
when tbe Legislature contained twenty mem
hers politically disqualified for them, and the
other oy a legislature containing twenty mem
bers who received only a minority of votes.
Tl e cj'inniiiiee III repot t as so n as the con
U Us. U ca.j 'v. iw-ud.
THIRD EDITION
TO-DAfS WASHINGTON NEWS.
The New Specie Bonds.
The Georgia Election Cases.
Proceedings of Congress
FROM WASHING TOJV.
Bpeeial Despatch to The Evening Telegraph,
Washihoton, Jn. 11.
The Women tJaflraxe Advocates
bad a protracted bearing before the House Ju
diciary Committee this morning, and presented
arguments to show that, nnder the fifteenth
amendment, they are entitled to vote without
any further legislation. There were about
twenty of them present. Among them were
Mrs. Woodbull, Miss Anthony, and Mrs. Stan
ion. 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 Per 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
tbe market the old ones must be redeemed and
cancelled. Tbe committee is preparing a supple
mentary tariff bill relating chiefly to duties on
woollen goods. It is proposed to Increase the
Duty mixed Woollena
to 45 cents. Mr. Brooks offered an amendment
to place coal on the free list, but it was not
adopted, the vote being 4 to 4.
floating Dock 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.
Nteamer Hubnldles.
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 sumcient to secure Its success.
The CSeorala Menatore.
Messrs. Hill, Miller, and Farrow, claiming to
be Senators from Georgia, had a hearing this
morning before the 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 eornln L'ae.
Despatch to the Ateociated Free.
Washington. Jan. 11. The Senate Commit
tee on tbe Judiciary to-day gave a hearinir to
Dr. Miner ana josnua mil, toe one clalmiuir a
teat a c-enator from Georgia for tbe term ex-
pitii'g March 4 next, and tbe other for the term
ending Marcn 4, levd. Henry f. farrow, who
with w hi tely contests tbelr seats, was also be
fore the committee, with whom their case now
reels.
Obituary Perry Feller.
Perrv Fuller died suddenlv this mornlnc at
bis residence in this city of paralysis of the
heart, ceverai weeks ago ne bad a severe attack
of illness, but had apparently entirely recovered
bis health and was in cbeerlul spirits last night
while visiting friends. He was forty-four years
01 age.
r einaie rsanrage.
Despatch to the Aenoeiated Press.
Washington, Jan. 11. The nouse Judiciary
Committee this morning heard the argnmentsof
victoria c. vvoodfiuu, Mrs. Deecner uoo&er,
Susan B. Anthony, and Mrs. A. O. Kiddle.
claiming tbe right of suffrage for women under
the nfteentn 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 Air. Covode's Death.
Special De patch to the Evening Telegraph.
Harkisblro, Jan. 11. Mr. Covode reached
bere in rood health last evening from Pblladel
phia. He was quite cheerful and ate a hearty
supper. Soon after be complained ot feeling
chilly, and later in the evening be suffered con
siderable pain in the left side, but did not feel
at all alarmed. Ills suffering Increased until
about midnight, when Dr. Zelgler was called
in. lie was then much prostrated by very acute
pain in tbe region of the heart, but the physi
cian assured him of relief In a short time.
Tbe pain continued to increase, however,
until about 4 o'clock, when his physician told
bim that be would be better In an hour. He
answered, "Must I suffer this agony for an hour
yet?" and almost immediately after said, "I am
djing, ' and ceased to breathe. Ilia wife accom
panied bim, and was attended during tbe night,
after Mr. Covode's illness became alarming, by
Mrs.! Senator Cameron. His death baa created
a profound Impression here, and be is as widely
lamented as be is known. He was first a poll
Ileal candidate in 1843, when he ran against Mr,
Hughes 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. Drnm,
and was re-elected in 1856, 1858, and 1300. In
1863 be declined a renomination and the district
was lost, Mr. Dawson being elected. In 1361 he
was pressed to accept a nomination again, but
peremptorily declined, and Mr. Dawson was re
elected. In 1866 be was forced to accept tbe
nomination and he was elected over Mr. Weir,
and In 1868 be was re-elected over General
Foster, In 1870 be declined, and General Foster
was elected over Hon. Andrew Stewart by some
700 majority. In 1860, and again in 1863, be woe
a prominent candidate for the Republican
Gubernatorial nomination, and, bad be lived,
would very probably have been the candidate in
1S73.
FROM NEW TURK.
Report or the frusslaa Occupation of Havre.
report of the occupation of Havre by the Ger
mans is circulating here.
Mateb Factory Buraerf.
Tbe match factory of J. Leoger, on West
Fiftr-fourth street, was damaged to tbe amount
of f 80CO by fire this morning; Insured.
Bide for Beads.
Niw Yom, Jan. 11. The bids for bonds aggre
f a" d f!.'. ia.li 0. t 7-P1WS-30. The sward we'e a
CONGRESS.
FORTY-FIRST TERM -THIRD 8E94IOX.
Beaare.
Washington, Jan. 11 The House concurrent
resolution for the appointment of a joint committee
on an ooean cable legislation was debated upon a
motion by Mr. chandler to refer to the Committee
on Foreign Relations.
Mr. Sumner, iatumarislng tbe results of that com
mittee's action upon various propositions before it,
aid that among other bills now peudlng which had
i. ecu iciiurwu irom mat committee was a general
measure for a oode regulating ocean 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
tuuniueiiu uiBur uBjB ov ine committee. He
doubted the expediency of taking all thoen mnttr
at this late stage of the session from tne charge of
the committee which had specially considered them.
a joiui uommiuee, h appointed at ail. snonid begin
with a ffw coDgresa.
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 $600,000 yearly for a
long period in aid of a telegraph line from Cali
fornia to China. If another company would do tbe
work for one-half that amount, there was a fitness in
having their proposition and the pending one pre
sented to the same committee.
The subject, by consent, was Anally laid over with
out action till to-morrow.
The latter half of the morning hour was occupied
by Mr. Kevelsln some remarks upon the bill to aid
In tho repairs and construction of levees in the
State fl of Mississippi. He spoke of the Import
ance of the cotton trade. remarklDff tnat while cot.
ton was no longer king, Its commercial Influence
upon the n aterlal Interests and prosperity of the
country demanded that all proper measures should
oe lasen 10 i osier k
He referred to tie difficulties la the way of cotton
prodnction In Egypt and Draell, to show that with
proper encouragement Its cultivation In the United
(States could be carried on without fear of aaooeu-
lui competition in other countries. By the Improve
ments contemplated by the bill several millions ef
acres of cotton land In the delta between the
Mississippi and Yazoo rivers would be opened to cul
tivation. I'pon his motion, the bill was referred to the Com
mittee on Agriculture.
The lSenat then resumed trie consideration of the
resolution as amended by the House for the appoint
ment ot a commission to ban Domingo, the question
being upon Mr. Sumner's motion to amend the
House amendment by adding tharef: "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-
puiuio or way ii. ana tne pennency or any claim
ten Itorlal or pecu nlary by the latter upon the former ;
and whether any war now exists or is menaced be
tween these two Governments.
Mr. Saulsbury moved as a further amendment, to
add: "And provided farther, That Benjamin F.
Curtis, Millard Fillmore, and W. F. Sherman be the
commissioners."
nouse.
Mr. Kelsey. of New York, from the CoMmlttee on
AppropUations, reported the Diplomatic and Con
sular Appropriation dui. Macie tne special order
for Friday next. The bbl appropriates $1,438,847.
Mr. negener mironuceq a mil tor tne better pro
tection of the frontier of Texas. Referred.
Mr. Wilson, or 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
lurnisneu oy t nnea states consuls, passed.
Mr. Wilson also reported a bill to prevent cruelty
to sntmals while In transit by railroad or other
means of transportation, forbidding cattle to be
confined In railroad cars longer than twenty-eight
consecutive hours without unloading, to give tbe
came rest, w ater, ana leeuing tor at least ove con
secutive hours, except preveuted by contingencies.
He explained that the bill did not apply to steam
boats where arrangements are made to feed and
watt r cattle.
Mr. Kldridge questioned toe propriety and consti
tutionality 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 daily
increasing, and It was well known that the most In
human and barberous practices were perpetrated on
stock in transit mat were not oniy disgraceful to
humanity, but made meat of cattle deleterious to
health.
Mr. Kldridge was satisfied that the bill was
rtgugnant to tbe Constitution, Inasmuch as it
Interfered witu tbe internal police regulations
of each State. Congress might as well undo 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 that the bill was directly
within tbe scope of tbe provisions of the Con
stitution, which gave to Congress power to regu
late commerce between States.
Hto moved the 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 the vote was still
less, many members being probably attracted
to tbe senate cnaraoer ny tne Dominican oeoate.
A motion to adjonrn was then made, pending
tbe vote on tbe yeas and nays.
Tbe Speaker laid oeiore tne Douse a .tele
gram from Governor Geary announcing the
death at Uarrlsburg this morning of Hon. John
Covode, Representative from Pennsylvania,
and speaking of bim as a good citizen and valu
able and faithful public servant and a true pa
triot. PEN5SYLVANIA. LEGISLATURE.
Menate.
Habrisbcro, Jan. 11. Mr. Connell presented a
petition contesting tbe seat of (Senator Deohert,
alleging that he received but 18,6iw votes and thai
his competitor ieceived 18,b6e votes. The petition
also alleges general frauds, neglects, etc.. In all the
Democratic precincts of tbe Second, Third, and
Fourth wards. Mr. Connell moved to select a com
nil) tee to-morrow.
Mr. Davis, of Berks, moved to postpone the subject
for tne present. Agreed to.
The following bills were Introduced : '
By Mr. Couneil, extending the time for the com
piet'ou ot tlie Philadelphia and Montgomery County
Railroad.
nouse of Representatives.
Mr. Pchnatterly presented the petition Of citizens
ot the Twelfth district, contesting the seat of John
Lainon, Btpuhllcau. Frluay next, the 131H lust.,
was fixed lor the appointment or a committee.
Mr. Ujilgley prestnted the petition of citizens of
the Eleventh district contesting the seat of Samuel
llagar, Republican. Thursday next was fixed for
the appointment of a committee.
Mr. JotephsBald tiat It was his pain ml duty to
announce the death of lion. Joseph A. Campbell.
Be would present resolutions on the subject nere-
'jar Ellis, Schuylkill, moyed to print 8000 copies of
the it-port of the State Mining Superintendents.
An amendment offered by Mr. Johnson, of Phila
delphia, to pi lot but luoO copies, was lest, as well aa
another amendment b the same gentleman to limit
the cist of the books to forty cents each.
Mr. t-mtth, of Philadelphia, favored the larger
number, as did also Mr. Kills, of Schuylkill.
M r. Johnson said that the book was imperfect.
The original resolution was passed.
TMr. Fulton, of Westmoreland announced the
death of lion. John Covode, and offered the follow
lug resolution: . A1 .
Ti Ts Hon. John Oovods, onsof tho RprwnU-
tiv. of tli! Kt.ta m tl urewnt Onro-,diol '"this
eitj lh.8 morains vrv sudd.nly, on bis bisbojue
h.-ulttd, II tbo aents concur, tblt a eommttUe of
1.V. o thi uimbtrl of mcH Vou bs a p pom 14 to
...I!! wianwa U. umu ot la., bod, to lu
home.
HxHsed nnanlrooDsiy.l
Te Henate and House met in joint convention to
elThereiu1t wM-rorreIR. W. Mackey, 70 Republican
votes - Daniel O. Barr, 60 Democratic votes.
ltobert W. Mackey was thereupon declared to be
elected Treasurer for one year from May 4, 1S7L
The only Incident of the election was a short
speech by Senator Billinglelt. lie laid t6ttasV3
hud already expressed hU preference, and as he be!
lieved that this was the last time the Legtalatnra
would be called on to enter into such a eontesLha
would on tills occasion vote for the regular HenJtZ
llcsn nominee, Mr. Maekey. "ePir
1 he Bpeakerof the House announced t-
nilttee to escort tbe remalDsof Hon. jMifv.. .
to fons-st ooiesam. Fulton, Hloaji, aud uSmphreT.'!