TILE; Rlshy,fslc4umuus,,,[,-,...• ..••• • TTg~pu ED,EZII.I2VAVE,Whi,EIIDAY. h i . tho CadOlifirni iM111)113gi. 011/ TllpiXt Imam' Bvivoi..rs--;--at: • .2 - : • rER Tr u ut . prltivexcE..— of the Mer will be ?arable/Li 111 0 V:?i t fi t l i Tanuoceloadone ;la raWeoll , s ' cii ' l or . geifeils reran at ,, reaipktfilily insura attenflon; , wen of :his kind meet inrariably ,be accompanied by, tx l,4 tta , optbor,ngt, for ,piiiißcation, but ac a ii n ty aka . fast, bhposainn; : ,t;811- 1 , • Lette .i i , rnd co miniuStii:ticirlo l ;iliottld be addressed to J. WEYA;NT) . ,liftitor „.. •l2 Proprietor. . -Beaver- Salt- Manufaturing • Ca. TTAI:C(AtrA7CT I 9 ZbW 31A.141rFACIITRING, and parr.l to 1',4) Enlyelinr strtielfarait nt their works. Pll InICC.OOII treek., 4 tulle from 01116 river: All uraers, Ira A t ti Woiks, or letters addresPed to y Freacia, Itravr. : prompt attsaiam. . ' .0 . .11. Decaititi; "" - --' ' 1 iIINTVACTiIIEIt OF. AND DEALER IN, ALL I ) ,,,,f,„ , ,,r CIGARS T4IRACCOS, SNUFFS. &C. atC.— hicrA moils:rate. Motto: quick gales:aural tpga3, :Sop un the comer. v.eltt ly opposite, .:yest. Nave, I's. 1 own 'O7 - _ . •- • . A dtr.lnlatraitorts , l'iottste.--letters of' A n ty.. iFtnltlon on the egate lof- s 2Lncre C. :LTON, o r ge:,.'r , irott2h, hrevlog been granted to tlte ander tivrtl. A L I! "perite , indehted to the costa et, arese r ed ton ake inonetliete pr.-trent, sad. these hdr in, claire- delnando lieninst the entat.e of said deted tni, a ill leake knownthe same witheit delay. A. LACOOR. Atlminhstrat,or, fo rt:WM:CA. • • Rochester . ' ILIA; MlO6. GAS . - , • . WITStriT.II:D fiY DR.: , III3TtRAY, Daincrewa to ostrentlefi, teeth. I bare added to MY rot*" other facilities - airl•the •sueeesethl proae7A on o f. cif prefeesion. fide laralttable pofilng emit. most. ternchr. DentUrtry,pertortned in the best and most. e t:. le. AI "cork dont. 8 , .* cheaply, • and fifty per. rent. better corn c 4 t any other steam Dental Eetehltah meet !tithe tSate.o - rinyie6c4u. L I ittE, - 'gki l ., a F 4 /DBE taaler,igned ihanitfult for - .15/4 favoru. tams* 1 plea:etre iu lutenaing thc•peopple'hi Borough town tkip and vicinity. that he still corrtinueS manulluettir al r 4.11 the best trticlo of LIM - B,' at the ; -.• 'TOWER LIME - KILM S," Is Ytmport, two allies weft pf Beaver, Pa. All orders carefully lilltd. The.: best of lime now iss z tt ran he bought at my Kilns at 25 etuper bushel.- ' +6ll'a7:3mos. AMOS BOUT?. -. 11011" E's -SEWING .II~ACUIr ES. THE i7CDERSIGNED.nAy-DrolurrnarrFnum the vthioeilyz hrwineg.. lo'Brideewator, Pa., will in the Entire. deride hie (whole time and attention Witte irale of liowe's Unrivalled Sewing. lischittes.i. ilia in4he hitildlott formerly occupiediviOnk' elf raid Mr. Miller. a: x Taitoifiliop.. l'heseMachinesi maze Jo prier from Pr, to etVand will be delivered in rooa ~c,ii.rr to IP , 'Nfnit.Vtlreluleit l / 4 1; theme: .AW! or.Peri inc.d tien.on will atOotnpany fetch machine sold, and pre - ha'er will be thoronghlv instructed in its use. Iteoill oleo heel) cewiog.mscbiuotieadlea, machine of llk, thread and ellitrticles needed ie sewing, and, let.potAi of them at reasonable rates. Thankftd to the • Table for favors heretofore received, he solicits, in his tiew biniintiss, a contirto!nctsof the same. • • JOSEII-131RAU.N. lITII_ATE SO! '1140311/),.. CAMPBELL, FOUL OtiV.NI.33.' I OF, raiDGEwA.- - • TEA , . Cputinues to Manufacture r ~ • TB Unequalled'Cooking Stove, ryata.l.. Loa, at-4p. 81LD,0.0..1f PARLOR, -41 VD .11E..4TING , . l'' - ' - • - ' B7'o V'ES, : - - ;,' '-„-- f ' Large,,maa small sizes. . ' .31. 44 7 TLE 24:2VD .1A.41-O.4AT.ES:. - ~ ~ . ,i 4 ntiirig - Other Canis4B; ' • - • - - - -,-- •• • , I, esvca baud and for s . sale a great 'variety of Seitond ts4;es. an good .riff new, and very cheap. Odd letet-Ste ren,m for the different patterns of aal l t'nrA Lute:prize Stoves wromptly turniehea. , • ! AlturStre tar sloCtts attended to withoat delay, and . • ' "rES,r s it.li r i l !S SO I •.:- - 4 --- - ''' -x- •..—... ~, , , , ,,Atal! ''.-T4 7.'.: :,- , , ~,. • - ,• •,d , t .A.: - 5,m - . 1 ••• . , • 7irs TO GrntiPialltrii: • CNA ON tnE, =ply OT 11. -5,- at , Woraut-- in- :P "4111 1 14 11 k1IMEPtotiPOl i4 : refitinthitotuktianes Illa &Oita biiitit;ektjdj • SeitolliLl Pa the y= wI L4 • *tiny property belonghi qto Ms use, and trallE! ei - ot ue forldOn by Law; that a rne.. at the said Baulittitt td,pritfrgits , .. _ _iti, - ' - irnir - io dinosa ape erndoreAssitareelesoif hfin• estate; will he bed alp Court of nr.M:raptcy, l", , ) he hold tu at the iliaimT . . dc-e. ..^;,.,, Brlglitom, Beaver co sty; Pa., ' 04,,!...:,1 , ..4,1. B. •Drmley, 1:A.41;4er. on the h day•of - Otte.l , !, AO). 1 , 47, at il e'eleck. A. M. i -171011 AS A. iloWlf,EY., p. , ...11'5T U. S. MbrAial. . t' Li. AND "1 IER G-OODS, • • nips last raaalrod a now stock of Goodalof , tbik • LAlrcsT STYLS., FOR FALL AND WINTER W ' A?. 'G'...7runifrs priinsnixo aocos _k:::. , I cokii,x-rur ON 11A7A16.' ' - - C i . 1' II I N lf ND - E - T - 0 ORDBt. and moat taahl‘nablo - atylea and at eiaort no tiza. •.: .., ."UF. G. DRAMT . , .. • P W O) rew Brig4ton. P. a .. . . . r- ' W A ICE. .nOLESLLE AND RETkL DEALER IN ALL KINDS. OP In, C opper & Sheet- Iron PNr CON S TANTLY ON lIAND "cer . p kß AND SHEET-IRON widsOil" T:- 1T TUE LOWEST PRICE'S! . ~ • .. 4 - • ' Roofiing;Spouting & Job Work Ver In inn beet - magoom manner, In at tbe rhorteat notice. . 1 . . .. 'lo 'ltt Illo'be.t. of ninterinl, . and, baying none . t but the beet or workmen, -..- WARRANT • ALL WORE 1110 P OY TEEIfEEEND OF liclfittree . t. BENVIEIti ,PA., V it:!.l p CO emd Jim/Mas our 8104. )finned ware kept co nstadly on hand. WEi ~0~ ~ ,~ ~4~=~lV~i. ~ 41. x. . . Tpieenitoes Notlep.Tettetit• teethieentecybu the ..U.4 canto of4Capt. Cummins. - Pront,'late =of Bridge.; water ty: uiti, Bearer county, ta., deed., harking been ranted the utllendgmed, all-pernonn Indebted to oaid'ow te are reqnefted toinake immediate payment, and thoeeptavingclalms agaitudlhe ' , erne wiU•present than pcoperlyhtpentitated• for %rut • • . • ExeMdni, ' - viz bon:SOIL ) . . . „ ir,24_ooolllßWlll FOIL ,11.1414 =IONE WHO. lam. Wet from- disease of.Livor and Stornach, - sucti as Billatumcfs,l3lck Hootdaehe, Constipation; Water-, braell,SdtarStontich, DYspepala, iho. 1 - I I • Dll.-BO4I,LNGRIO. TLEAHACII* iatti ANTI-gr, Tqcs Ate tha most - perfect' renacti ever brouhe beim& the public, for all diseaeca of the Liver•and Stomach..., 1 They act as a CATHARTIC without weakening- the Stomach or Bowele, bnt on the contrary' give to tone' thomi organs. driving away, all Melancholy Fee ; lings, , infusing new Life and Vigor Into the System_ - For sale by . ail I: Waggles and Country 2tferchanta, throughout the 'Country% • ' - S. lIEN DERSON 4 Bags., WA Liberty' St., Fitts. burgh. Pit., Wholesale Agints. OC Cikr.ph an s Cour*, Sala. fln VIP.TUT,jOF AN-ORDER.OF THE ORPHANS' 1) court of Beaver county. the traderoloned will ex poee.to sale by public vendne, on the proration, on TUESDAY, Odobcr 29th, 1667, at 2 o'clock. 0 3f.. the following described real estate, taro nt Geo. W. Allison...deed; sttnateiwßriebtort township:3n. said county, - dr.: .11M Undivided three. finks bf parts.of out-lots 24., 25..26, awl 53,- bounded as follows: 13egliining on the Titsearawas road, near Milo Somen', at the IMO between lot% Nott.2l and 2d, thence 1.1..30% deg. 11.28 perches. thriace N. 78 1 ,1 deg. 11,76 perches, thence .17..73.4, degW. 25.3Aierches to E alley, thence by said-alley 1 7,16% deg; E. 42 perches, I thence S.s3ii deg. E. 31 percfies,thence S. 87% deg L 15.9. thence 5..06 deg. F.. 26,7 reicher! thence- S. 171/ deg._ W. 11,6 perches to the road aforesaid andthenco by said Moad n . 44 S. 70%, deg. ; W 10,3 perches toiebegin ping, containittg 11 acres and 140 perches. - i Also the nntlic„ ded three4Alts of Academy lot MO 111, in - Borotigh to.. adjoining lands of Milo Somers.. Joseph Anderson, Cieorgetown tmn dc., containing 6 acre. and 17 perches—hottrriald 'lots enclosed, and both Well watered; within u ; mile of the borough of Beaver. TRIIIISOrie . -third-of the purchate'money to be. paid', on eondrmation,ot sale'by . the Court balance in two equal anattalpamments froin that date, with' interest front same ique and, to, be seetteEd by bond and mortgage. The percher& to pay all expense of preparing and stampinvdeeds, mortgage; • SAMUEL ALLISON, Mardian of minor .Children of Dr. Geo. W. Allison, .dcett, . , • • ,• . At the same time'and- place's:rill be offered also the other maidivded two-fifths' of the same prop erty, on the same terms•.as above mentioned, so that the party purchasing may obtain tie entire premises. • EtEcra , J. and GNOUGIANS, ALLISON. 1 4 7.Aff.A., & VcrIENTrrEIEL r.4c•acor:piEs I_ GOODS, or the. e RECEIVED A-NEW STOCK OF LATEST STYLI'S, FOR FALL & WINTER WEAR. - 'oezitlemen's Flinalsblni Goods . CONSTANTLY O 1 RAND‘ .6 Liif itii 4 i!:i:ii iil li 7!0: - . i) R - 1) Et EXill G:RAND- OPENING Fall. Goods ifil G- A. IJ '1 ,7 " ' S Millinery,Trimming „ND SizoE Eurontuul TWO DOORS EFLON't STILES & SIIAALENTBII GhE S n 'Aro of the RED LItIIK,EWATER Nt r f l o Ay e E ri REMOVE d D t TO TIE d. D IRO K O3I an Water at., wtv•rp 7 kill fie glad t o owstometv, and all others Livoring me with a calb, • • I =mow rectiOng .tt 'large and Fplendld Stock of bitest Spring StileA it Millluery, Trimmiugs, which rill be sold very Cheap.. Of every description—Silk and Straw Bonnets, Ladies' and iiiseses Bats, Ribbons, Flowers, Ruches, Jbe.; an. • TRIMMINGS , Of all kinds. for Dresses and Sacunea. Gimps. Cords laces, Chenille, Eugene Bunks, Buttons. &c. • • I A.L.MOIiAL AND IIOOP• SB,IRTE;COR . SETS. HAIR NETS, BELT. ' - BtCKLES, &c. Gepl eme n' s Furnishing GoodS, Y l ol.'s & Ladies, Paper Collars. 31.4 „A. N 4I3OI"S' Ili TS AND CAPS. NECK-TIER, " NDERS. UNDERSHIRTS AND ""AWEICS, WHITE SHIRTS, 'APER COLLARS, 6c. and: Glipveso LADIES:. LOTUS, ALL COLORS, smr..iD AND sN%D. u 4 DRESS, GOODS A.ND • SHA BEY CHEAP. ftsilrecelTe4. a Urge lot " cheap. Call sag sew 1R I LLIN - 1, BoTricsrA . ALTERED Ai CI !,I4ED, y CILEAP. S!amping, Finking , -"T d i , CLitting , z - and:aking - el short inors.suntis ILADI?, TOORDEB , • STITCHIAGL V /137/1 CALL A.ND I. SiCE NO TROGI3LE TO SHOW .00011 MI Tom door. tlelow -SO* , ShaTlenbergery.c • Ilptin, a n etthaßEDMlT . Waterstreet, "'ridge& - water. • • WATT ariPiXti o. a. Axszprz. BEN ,•I, J :",.::1•;::: ..i.f.il s ' ,•[ s • . ' . • , 1 - ....." — i ' ; ' ... - .4-:"' s 1 :•1 " ....! . .•; i.:::;SI. ilif..i - . - . 7 4.: - 1 4 k. 5 a : 0 ' , 241) 1 1 . i • .. .. _ .4 7.r.:1.ii. i..: ,!.*:..-.-_,... . . . . . ~. .. ... .. ~..0 -. ' 1 ;fl. - • z . ..r. iZ",; ' '; k l . :,!.., . -i:•.. ;: ir.'..; . 1.. i ,'•••., • - -• 7,0 t: i •— .) i t' :. * %! •, :iC V % l l':l..ii:V..* .-.' . i- ' II ':: 17; : 4 ,:- !I •2 rEi ,- . . ... _ .... _ .. . 4 1 ' . ' '. '. . 1 R 1..:',1' 41 11, .:1".,+!..7 . .! - .1.T.1 - A , . j-'- '1 1 . . !,.,. i ~: . • - , , ,,r. 'I -'- 1141....;.r - : .!..41::.; ~; r -ifi ---.1,11-11...:..'.....i.:1,.:;41- t , ••- :.!.• • •-;, -, 5... --. !. -•: . , - ; - - y .: • • . Ai. . ..*:.' 1 , ..'..- ....i.1r.;,;.-p: „,..,... 1 „ I: • • '3: - t t' f .b... .• ,- t . . . . . . ..; '. : , -;1 . r:^ •• • ,:47 ,- : - . ,. .:3, - . - :..r , ii.r: 4 : . :4' . ...: .."!' i'• • . • 1• • . , t • ' 'lf' = • .r... - t • .r ,: ' ••' ' . i,' . : b .“ . ' , I .1 ,''. ''.. l v. . , . .... .. e „,, .?:,.,..,•..„,., ..f ~,• • •„..,„ ~... -,•,„•••,..„,.,.."•..,-(• ~f ;:-.ft. ~ ,,, .' !---,, .- -.. i .. 7.: 'I 1=:=11 OF . r Ilg r= MILLINERY, uxml TEM. PIACIG NE BM ME MEM " Moat the 10110dngtos Adjokirsed Court; adjourned court %gimlet heie 149p1• lait,.- - ,Proddcut Acheson and. ASebelatie gitaintitti and. raiier. on ti n betnja. - Seirep• al were presents d . : arid- moilbee . tna after_ winch his:heinni;J:ntige 4itatint;, deliv the 'otatilon of the' C . purtlitt - thel n4tterof the. Me t , tiPini Messrs ' Ruth and' who -. ete!" . eliargad with 'insec'onduct in the management; il - the case otkoglar.-- The (Onion is somewhat lengthy, but milting thelgeneral interest-felt in the cage, let give it entire. • ;:. 17 - • '• - - J. Wben ; the iespondenta filed their mapOis to, the complaint preferred ; 'seal* thetiili certain members of .141 is bar, fbi:protiSsitiniff misconduct as the attorneys-of,lteber.t, ler, appoi n ted a commissioner ` to take tesiiinony, and ordered that the investigation should not be confitfcd to the .ipecifications Contained in the 'complaint, hitt 'should' take , a wider range, and cover the ' Professional re latiOns of the responden ts With the said prisoner. - We intended to , sul)join Othei specifications of miscOndnet"to those of th_ e . complaint, should we deeni . it .proper so t o 'do, affording the respondents an opporitinit,V to amend their answers, so as to'co'ver- the whole ground before final hearing.. As this had been the subject of eoMment'int.he argu ment, we will how state why we detered on this course. V .bn the. trial of. Fogler.4or the mtider of Robert we were led to think that, the respondents in onducting his de f ferice wereOrompted by Other. considerations' than a regard for the welf44 'their client For instance,in the selecticia of the jury, the interest of.rogler seethed' subordinated to that of his ce=ilefendant in the indiCtrnent, who,, by reason of the severance granted at the :Commonwealth's instance * was to be tried after - him. The ;attention of all the. judges was particularly drawn to the manner in which the jurors on Fogler's trial were chosen, and a painful impresidon was aWsk-' ened in their minds that the respondents. in selecting the jury,-had some purpose in view at variance with their duty to the prisoner.— Other 'circumstance; that-transpired during the progress of the trial deepened this impres sion. On Fogler's conviction we gsvki orders' to, he Sheriff to seclude the prisoner, and not to allow ally. Persons Ito, converse. with him qa cept in his (the Sheriff's) presence. We now, say that tliis order was given in consequence de the impiession to which we have just laded. Knowing thit l Pog,ler bad voluntarily. testifieChetore .riar Coroner's, inquest 'tn.? his I own guilt; as well as to,that of- his co-defdnd impreperinfluences, Ithving him free to take such course as his judgment and conscience might dictate. It was urged for the respondents on the argument, that this order of the Court had the - effect of curing them offfrom 11l commu nication with Fogler, from - the time of his conviction until his appearipice on the wit ness' stand, and' that therefitre they could not have exerted any influence over him', tO ,pre vent him from testifying. In point of fact this was not the case. On Montgomery's trial we did. not fail to observe that when the objectioU"to Fogler's competency was over ruled, and a habeas eorpto was minuted on the record to bring him intotonrt, the respond ents left their seats at the bar and entered the court room in company with him. This con (ltiet on their part may have been proper enough, if,consciousof their own rectitude, they watched for the occasion to give their Unhappy client good advice in the solemn circumstances of his situation. • When placed on the witness' stand the court was careful to instruct the prisoner as to his rights. We told , him he was not bound to criminate himself, but if he voluntarily testi fied heWas under the most solemn obligation to speak the truth; and we warned him that it was his last opportunitt, as a witness, for correcting anything in, his former conduct in-' -furious to others. The mull is well known. He declined to testify, thus refusing to swear that his formerconfmians were untrue, or either to accuse or exculp6telli co-defendant, When brought into court a few hours after wards to receive the:sentence of death, we had scarcely ceased froni,the performance of that awful duty, when one of the respondents, without any consultation with the prisoner, -broke the solemnity ;of the occasion : by abruptly rising in his place and proclaiming aloud that they designed removing the case to the Supremb Court, and debnindingof the CotuVo order the Clerk to make out the rec ord. It is needless to say such. notice and demand were wholly unnecessary and out of place. Our interpretation of this unseemly conduct at the time, was that it was designed to brace up the prisoner's aeries and delude . him with Also hopes: It is not our purpose: hero to refer to the conduct - of any' 'persons other than the respondents We have 'thus given Some of the reasons which influenced nic'whert the complaint of the at torneys who were engaged' in the defence:Of 3fontgemear, praying ''''or an inquiry into the conduct of the respondents. was entertained Emit the Commissioner appointed to take tea .tilnol4, in 'AiriCtilit 'that the - investigation shoidd take sOwide a, range. ' . . ' The tentimonyteicen ender the rule , ik'w; of, has been confined &JAY, in the sPeclil iiona in the.conPleint • h4ve not 01:41eind any additional apenifkatiods to be Met and ive now therefore,,that ihe unfavorable impressione . we . entertained of the respond rnta' conduct 'shall not ireiek wiping in de- Idingnpon the role. We Wend. to be goy ted altngedief by the evidence. complaint alleges inlicandnd nit tart MEM vo, 'PtL, '•- 'dims yr, et ber 9 _lB-67 . • - .P". 4 lIVI Opitdoli: . .r.vaiti - ,.:` :' , ;' i b,;,; 0 =II 4.410 Inlirocuring two liuktlistntiik e 4,oliceolap4nr . the respondent , Littl,e r litto; . let'seell for ti•WP90_.,0rr4111444, _ to son e pipet which. o i - It appears )?er 4 ?re Wit.l44a Oft fat tbstactite Sheriff, berm TOM' "zric_ neykshoithihav (the Sheriff) " anent, to doubt anything was dice of the present at 110Phiary, Ibi trader ttkilse,l and magistiatu to Fogler's cell ed by Mr. LI that he deeds less informed Me taking Foglel to know for replied be did. iffor tbernagist of the aitidav;' to,make the anything in the Sher iff and magistrates then respondent Little, ali7- `f.tporidents as hwyerstattat have knoWn this, especially as in the case 'of Lennox; where they wefts of counsel, a Similar applicatiOn, bad been previously made to the Court, which was rejected for, want Of jurisdiction,' and an appeal afterwards made to the Legis lature Which was sticeogrfnl. 'For these and similar reasons it has been suggested thatthe alleged petition, for a change or -venue may have been fabricated by the respondents to relieve themselves from the present difficul ty, and that - the.rvg paper was of an entirely different charactei. We find annexed to the deposition of Adam Ecker, Esq.,.one of the editors ofthe Re- piete ct,Examiner, a printed copy of an article üblished in that newspaper after the execu tion of Fogler, which Mr. Ecker states was furnished for publication by Williain Mont- gomery, Esq. It contains what purports to be a written confession signed by Fogler.— There is nothing, however, In thetvidence connecting the respondents with thitt part of the publication, and we cannAttaket , .l It into consideration. As respects,#i s t,Ahe first specification of misconduct oiagiail of the re spondents, we can only say the evidence af fords ground for suspicion that they Might' not have been true and faithful to their • cli ent. The 'second specification relates to an af fidiivit drawn up by the respondents for the rirocnnition of a Ivrit of error In Fogices, case. • , After Fogler's conviction the revonderits applied to us to hive the record made up for' the removal Of the case to the Supreme Court' One of them spoke to us respecting an ASlA vit for the writ of error.. Our reply was that we thought it unn ry, hut that it could de no harm if the respi:t "dents desited to have It. 'Afterwatils, on iving it note from the resPenOents asking t 'at the Sheri he direct ed to allow them' to ' * the prisoner - for * **the purpose of having hi ' affidavit taken by the Clerk, we gave direc ons tothat effect. The respondents were ad*fitted to the jail, and the *affidavit was accordingly taken. "SUbsequent litoragier's executi n, afaa ; Simile of' this iffidai-it, as the Write 'alleges, was published in the lievieteAt Era er article to which ire have,refeired. 'lt Is tolloWii: - . , mat 4 4 , iv - i . tln the Court of and worhington Comfy, u Tf.lrn, ineror Wdohbaton La s ~ Murder. i 411101eln11 ba t h doth,de : ' appliipatiOn'for a- writ not intended for deliy, " has been.l done : end lie Robert Fogler, an , chtreod Say, that, hi of error in this cam but beianseinjusti derlcuri hells wkotly Robert • - vbeni and irubwr&ii Wote W 3l . XPD• C -The testimony" 41,141n.--Eiddi ,Ea44=. and Je3iii Trein*ly,pdle , who were t,yonisdieeent at the. talAnt ofthe ~ dal* ahotii that the tiled aoi affidavit was reed Ati t iprisoner l ; Mr. Lit tle, befbre its caeca on; but that - conclu ding 'work, as con ln the ng jd leged copy, in wide tie prlsOnefeentlre In nocence of the murder. Is saaerbA•ware net ree In their, h.. o ' .: or that et, the wis her: •,i d ' • i" • ' • !, •- • only 1:51n two made kite iniblica/oTr by WU > *, after regimes MCI/ Aklkurged of %WA aftidtvit • liam Mostgoilioryt • tt,s3'l' ,'... , 7 . -;•:f . :14,. 1 ,,_:::,..f, lc, tion, foi tbeparPtise of 46croditing hid con feizionhy showing that be had - conanitted PedetY intlinsairearingteldi- innocence,;•:— Unfeatanstely the affidavit itself is not beforii! us. The respondenta in' , their answers, sap that alter diligent - search it' cennot be found. It iindrwith the neon:l.:which : was beret* the' Sapretne CourtJ Mr. tattering la his. anawer thsithe! cannot now` remember ha phmaeologY, and will not any :whether. -.the ;. atildavitpublisbed Montgoriery-is or bloat 6:coprOf the eirie<prepared by lam fo Oogler. , •llr. Itathi4a in Malawi* the 0., Main may hare ea bodied genie form 'of an internee& innocenee; but he dees".not ,re• Member its , precise language. Mr. Little ad nabs. thilA be., -wit! 1 1 +0 110 :1_ by..-0111%.,,Itone gentem for the atildavtt, bat that not , having the origioal,h4ave4irto the form lifted •by ropondenta as,nearlyas he could ricollect. 7 - Re state; ittrtlmr.tbat.b,e had - no knowledge at the time he knobbed the'aflidavit to Mr. Montgoolo4ynhat it. Would be used any, Inaprier,notOialie 'know why this Tint;liet. tion was inoe byfiirtc, toriket: than the pub licatkm' 144 indicates." Coastderfng Pie'PrisOner's State ot mind treat tile time Otitis first Confossiori* aOwn to bid:trial and cenviction, as shoWn by his con iinol4l.Oonversatione,--which although 0b j0..4t0 the ,respondents' counsel, we ttint pro p 0 'evlden'ee- 7 and connecting therewith his refand to 1401 himself of the offerid npportimity 'on Mbritgeiterys trial to testify in his own behalf: we hhink there is much room hit doubewhetloor be Weald have v v oluntarilcietated; or verifed br'lits oath those wo pa: affidavit declaring his en tire innocence of the murder. 'The Sher': teethlg the -ismer. It But he• did not dietatp any part of ;the BM davit. It Ras prepared befOreband by the r.e sPollliermik AJOr his conviction they had no access, to him to-learn whether he would- or would tot &siert Lis innocence on coati \ The, affidavit itself via unnecosary; r and the jeetionable*orcla in any view of MO eine., Wire stiperflunus. If the respcindents,tk with thOknowledge they mast have had of all the WO; mfiarsdan affidavit for the piisoner to, signrcentaiktfug an unqualified , teseverationl Of his innocence: they committed, a ,great! wring. Bo fiti. (rum advbing their' 'ai , ent to maliettich an'oath; it Was their duty'to 'snide him from it, and to reiltse to draw it 'up! if he tad suggested or insistedpn it: . Tbeevidedee, as:well as the answers, leave it . hi aloubt whether tbe : afftdavit, When sign ed.by:Vegler, contained such assertions of in nocence.• .The respondents' counsel referred, to tbeLieinding'of the affidavit to Fogler after: tie signed it, and its subsequent delivery to .the clerk-A4kbevo.ihelztalaffixed WO rota, an& ellibli•dothati kw" uPdikri o P 3 '24 : J3W a u li alkell A ar 'li c to l # 4:lll 4 9o k i ti al ic idred rtiVatt=tr''' ' !feW so readily detested- It was likewise-. sitgges-. ted 'that if the objectionable l words were , in terpolated afterwards,bk a third • person to accomplistra purpoie of his owh.the respon d,dcrits should not, be held responsible there , ' 'fore;• and this would be true if ; they were ig-1 narant of theinterpolation, and had urnish ed the affidavit unadvisedly, as th not knoiving it was to beapplied to y par ticular use. • • • '• As regards the second specification\ of mia conduct on the part . 4l the respondents, we , toast say the evidence affords great grounds' for suspicion that the respondents in the pi ep:• aration of the affidavit-for the writ of error,, and thene to which it was sfterivards appli. ed : with their, apparent conniv,anct, weft- act-1, inn under linpropar inftuencei prejudiced to . the reputation of their client and detestable in the estimation of every conscientious , law yer. n r oceat , t of Ike: ogurdei.:cf . . 4.! Bor_t.ral,ro6uat. ti ~~ ~ :~,~ ~t . y.... The case, has" . 'occasioned us bomb anxious reflection.. If the complaint IS sustained by the evidence we feel that no • punislunent for conduct sii tease and unscrupulous would be adequate ~short of unconditional. expulsion from the 'bar. The' respondents' are - young men With dependent families. • To . Inflict on them such punishment . wonld doub s tless - cut theta off during their future lives from ; the purieitnt their - . professions hi ' any - civilized ' court. ; Such a result should Make us exceed ingly c a utious how vie act Putting aside,' i thee, all unfavorable impressions derived from my.own obseirtion, together with what may be regarded as hearsay, including" inti r Mations of undisclosed knowledge acquired by counsel from their professional relations, and confining my attention fo the complaint and ' the evidence to sustain it, I am prepare 4 to I ' say that whilst, is a man, I . might think the respondents unworthy any longer . of a place at the bar, as ajudge_tcannot pronoUnce the charge - against them' mstained:by the evidence beyond a ietiSonable, 'doubt. The evidence af fords' ground for very grave: suspielon, but I must accord to the'respondehts What i would not deny to the veriest criminal—the benefit ; .arising from the ahsence of conclusive proof 'of guilt. In this view of : the (*silt is proper, to state I have not the .entire concurrence of my brethren. ' '''- " .. • - . , But whilst tiros disposing of the complaint, there is another nutter the respondents have - themselves dleciosed ande a part of their inSieri; whirl - We all afg- i d n opinion cannot be overlooked.. We all de to. the petition which thejschnit they drew np to be: signed eid ssn 3 rn to bYyogier, fOr the purptisirof ap filying tor it change 6fvenns. Assurnin,gthis -,tohe, the paper 'which thi s twO magistrates were called date -attest, as the ,mapondtints hsiesiterreid lii their sworn- answers, , it is a -pa 04 ha our, juilkment yridch •no .tionscle,n tiousliiwyer shod 'Wivepdvised; or ailoWed hinclient toinbeieri ;Sobe:,, t are we able to perceive hoW Robert Fegier, with his 4431 ten sett bel,hre us as are ded'thentlit the testimo nY,A4l. have d • ted,or. antlitiritxtd - stall, 'S vi statements is are at contain& *,, 'The p a -. per abetted. with rgee of the moat 4itn petative as.lll . acanNons.,eluFanter, and: con tains statements nisPeCtinitlitroonfeestoii of the . Prisoner.'wldetrue utitilfesily untrue and, mnat halt head.);lntai aotia 1:4 0. the lime. MEE 1 I,k ~^ .., .bli$11 . 01,11:8„1.8... ThePliet;iii andother p mon v are ct; a rged With inducing ' ; the pr i soner tO Make false ackiowli, edgments of his guilt, by ,promise S that he should.be Used oniyis awitness for the coin monweilth, and thus Lei:obeyed from the per il ef.his situation. .The other persons mak.: ingtheproMises are not named, hitt the in- terenCeis - they were persona in authority= the Dlstriet AttOrney, forexampie, They are . charged with Procuring the pitioner to pont. - mit perjury . hefeire the Coroner's' inquest - and imPlicate falsely another poison as his scdOm plice. ' The 'titleriff; 'it le killeged, is intereitect in:haiing Fegler convicted, and - to OM - end • hat proSl,l4oo hie official position in' filling the ja'ryWheel iiml In dratiing and summon ing the grigidind traverse - jurors who :were to have the priSoner's' case ii - cliiirge. 'lt is alleged thither that it onlYafterrepeated s i ps regtimmitldelays. it th Ipristineir wise 'perMit : ted - to:Pis aniteim . ploy ,connset anti it is Iniiti utited that 'the keeperef the' prison has been tiot'as ti 44- to obtain information 4.4)4 partition - pamtion or defence. ''lt is charged also (bid the 'She' IS not the nominal but' thit beets the real ' tosecutor; and all eonfessurs of the prisoner, including histeiorti statements be .fore the ' (ironer's in - quest, .are pronounced tilse in etery vartkutir.• !tam design had been to bast the prisoner witillifemy In ad -ranee ofhlsitrial, and.to dhi cred it' iny thing be mightlafteawards My Or svrear, thete could not have iieen a more teffeet-1 way , 'devised for accomplishing it. 1 - ' :•• ' Now it mast be observed that' this scanda lous paper rut 'prepared beforehand by the respondents fin the prisoner's oath and Signa ture. The two justices 'were taken into the cell for the mere purpose of Sdministering the oath and' attesting the execution of the Okla , vit, - and Were - without knowledge 'of . its con ; tents. It was declared by orient' the respon ' dents that - they should not know whit was in 1 the paper. • Hadthe affidavit been taken these magistrates would have had no' means of knoWing whether the prisoner 'understood .. - What helwas doing, 'or' of cautioning bird, or ordeelirdiaglb - administer the oath to him if they thought the affidavit an unfit one for him to make. • -The prikkiner, It rifust belhortie in Mind was under the peculiar guardianship of the reason: dents: . ..They Were'his attorneys and to them he 'looked for guidance and sound advice.' ; It . from taking their duty not Only lii . .guard him from • taking any: Step for- which'Lis' conscience might afterwiirds - reproackliim, but they of all &hi . m' should Ifave been careful to avoid the 'trim] guilt Of - subornation of Perjury which might, attach to' them by advising, ~.e..n.. - couraging or permitting their unfortunate ~. , , client to swear to anything of the truttOof which they ;had themselver reasonto doubt. '4iliiiikife etsativiiiild *MB admirable essay on '- ' . ' .. "riE*lo4l7-`tinifiilif• - 4 : , - - . - - - 17 , i'. I t" ... ,ql4 - setths - , ,-'''' im=l~;e:• 7 . r l '•••• -q 4 A.T..* ''. . 7:-. 4 bi . epini4tkeASZMiheAgit,..' •.el , i .7.2,., to be the keeper of the conscience o letlien :', I not to suffer? him, through the influence of His;; feelings, or interest to do or say anYthing wrong in itialf, and of which he would him- 1 self afterwards repent. This guardianship May he carefully and nt the same time kindly I exerted. Ope particular will be menioned in wail its: exercise is frequently pill il for. The client will be often required in the urse of a cause to - make affidavits of various kinds. There 14 no partof his business with his client . in.which a lawyer should be more, cautious, or purxtilions, than, this. Ho should be careful lest he incur, the m6i-41 guijt of subornation of perjury, if not the leal offence. An at torney may have communications with his client-in such a way, hi instructing him what the law requires him to state under oath- or affirmation in order to accomplish , any par ticolar object in view, as to offer an almost ir resistable temptation and persuasion to stretch the conscience of the.affiant up to the requir ed point. Instead 4 drawing affidavits and permitting them to be - sworn to as a matterof course, as it is to be feared is, too, often the case, counsel should on &11 occasions take care to treat an oath with great solemnity; as a transaction to be very scrupulously watched, because involving great moral peril aswell as liability to public disgrace• and infamy. It lies "especiallyin the_way of the profession to gave a high tone to public sentiment upon this all-important subject, the sacredness of an oath. ._ ; ._ , It is alwaYs the wisest and best cOursc .to have an interview with ;the client; and draw from Mtn by question whether he knows the ;Acts whichynnkno* be is required to state so that you may judge whether, as a conscien- I Lions man, he ought:to make such affidavits. . If we apply this standSrd—and who can Idoubt its correctness—to the conduct of the respondents, it puts them in a very •unprofes .siottal arid.unviorthy• attitude, . In this connection we . most not overlook the fadthat the confessions of Fogler were made under such circumstances as to carry the con- viction of their truth to the minds of alltdis interested 'perttons. On the day after the.mur der was committed, when infornadd in prison of the finding of the .heol ; of his boot at bins morc's,and of his heellesi boot itself and soiled clothes at Mrs.- Wibley's, 'he y made an wire served confession of his guilt in the presence of a number of our prominent titii.ens, in which_ he portrayed 0.3 ; 1.10°4 transaction in the house of the, deceased, in its minutes t. pa,- titulars, and., exactly as it tranipired in' the presence of the eye-witnesses I Before the _respondents became his Co,lll3Seil* re-itcraied hisconfwesion in the' freest Manner to thoeler. gymen who visited him,' saying that - if he had not been arrested, web was his State of mind he would have been compelled,to disclose the whole tianSaction.! The only Palliation he ever offcrid wiii that ho did , not design to kill but onlyto.roliXri Dinsinore. ' Besides the testimony of his'eonfessions on his trial, we have 41ow en this rule.the additional evidence I ;that in. Ids siabsequent intercourse with his sprites' advisers he reiterated his, scknowl edgements of,gitilt and was neverineonsistant in his; statetnerits 'down to the time of his trial. ThiOnl thit trial be' did' not - call i 4 single *Untie and had , no defence whatever: to set Is iitaid, however, that this false a idSoan didoalpatisrwas not executedby Yogler,nor tied- Ir the purpose contemplated. This is tine. The interposition of the Sheriff fbrtu- Maly prevented the affidavit from :tieing, As, kenbnt the respondents can claim no meii!, 'On that lioeie. It 'was" their contrivance and •-• -: , ,ADYVIRMEWE f',ctr r ! AdireiletasieritioTh InireitUdittlat wail tar Ilre, invertiop s . gyr ligaik* nerticfri BO coiqs. Ainp941:440 0 ,1 1 . " .... Q »equal teilst Thies of Ms typelimr r - •^^:17; .!"1- = 13intinetelkitkeseet inrier* mediaMrafter the bard Itm..700 1 1)0 eturtioVinear,V sty ten coma ' s Itnatt2r each i n sertion.- litart*,s end deettS.witionneed - frtit*Plilic publisher reserves die 414 to thigeWeit. 'eseleeme from onegift' hi; th, 4 ) : 1 15r whenerer It le deskahla to tie- so. Mvertiece4e,Ms 44,21 a be banded in. bildbrik :lb"! no to tnattre' Insertion In ma; necks pap • • •., , they desi#ned that, it should be sealed th the, bath of the prisoner. Morebver they ham used thi s paper in , their defence Ind eitaehed , it; to' then. answer& By their act p l ublicitri' r has been Riven to It, and •it has_ been inails - ,:i part of the record: -- - =' .- : •'- ' • _ : We are of opinion that in•the Timarattc4C and use ramie of this paper, the 'reeptindente - .. unifted a gri , . have cotrevous wrong:. -Wei:sit- - ; not overnion Subh tnisconduct; - it telviehes tiffs honOr and integi•ity of th 6 bar, and Iwe taiut 'endeavor t? wipe out the sli.erace: ;,_ - - • „i t . "It i< therefore orderci and adjudged quitthe ''. i respondent L. IL W. Little, In itauslifsd ' frbra the practieeof the law as sus a torAusyiit • this Court for the period of two yea from this - . date. and that the respondent, Jam It.Rutt,.: be suspended from the practice Of t e leiv sue S an attorney..of this Court for ,the . 'od Jor: 'one year from this date; ,WC,:inake*.t Is ••,.;. finction because the , latter appeapi • = Isiii . beenlesi active and culpable in ttus clisracia , ;( ful trunsection than his coll&igne.7 - . ~ • ~,r-of Whilst I am willing to acquiesce : in the een 7 . elusion jest annouuCed,ray opinion inthat.tha respondents ares justly deserving of severer punishment 'I 'had inifiressioniOn_tiier - War Fogier, of the Want Of ,fidelity on bpi,: partothis attorneys t iand the evidence takint. on the rule has fillty sailitled me of 'their, - reetnesi. : . • . Without intending tO,iltsensstiMt I may remark that the 'circumstances connoc-ll ted with the affidavit for: thewrit Of error in my judgment arc more than anspicionit.. Incredible that the respondents 'sot Id have furnished a copy of that document.to i a par- - - ty so much interested discreditlng client, and have ,remained entirely ignorat4 . „ of ttiO ase to be made of it. For what. par,- . Judge Farier, presenteo the following serip'foi not,;doneerrini. fully In , the forgoing opinion: ;.,: , pose was Itfurnished . at y . ; ? • Can it,be'Cred tied that they' do Mit know whet has bepeinaei:: of it, or that they do not tC - eollectWhetheie • ' such important and "extraordinary itirords, were used in the affidrAlt or not ? ' • • -• . Anon' eys who could so far forger their pre", feSsiqualhonor as to prepare and seelito,pria.J,, care. their client, to swear to - stivfaise and 11 bellous a writing as that fora ehangeof ve nue, pre_ nos; in• my opinion i .pemans tegrity tind,ancl kaod moral charailer.". . Thia much I feel hound to say, acqtdoiscingy hawerr, in the merciful view) of the case 'tale kenb'y the Court, and particularly,in the dbl.': criminatiou -made in the punisinnent, far my opinion Mr. Little is deserving of far_ greater ceusstre and. discipline than -his elcr leaPe• . ;11,i,e People , Warmed. ' - We , re attaining proot-6iry duy `o the defqieintti purpose or[Anda4v . 3! , ,fr,'—ncit.rtnnor merely,-` tnit ~proof • l ife et, 1 ...... .. . ~ iiiined et Surripter. At a late meeting 'lig& hi dincinnati,.Senator Thayer, of btebraska,, , made the folleiving statements on his own rep , , . sponsibility :- • - : - , ,I have recently been in Mary/in:id atid - ',: the • District Of Columbia; having let. Washing- • tog . only night before:: last.' I'4,:litli3 "there r took special pains to inform myself in regard - to the present purpose of Mr. Johnsen; and ... ehteined what I am about testae' from reliar blO authority:' I;dedare upon my responabili. 7 .- .... ty ;as a Senator of,the United States that to-day • . Andre i se Jolinso - d'ineditates and designs:- fareitio resistance to the authority .f Congress. I-make . • r ;-... this statement deliberately, having, reeeived ---'.... it from-,rtier stioried and unqiiestionable au- :. thbrity. I cannot point c)ut. - ,tlie occasion on .. which c he - may attempt to . ii.se niilitery - force., , It may be 'to prevent the assembling of Con- i - gress,or when asqembled,if the House of Rep, 1 - resentatives . passe; . articles or impeachtuent, or 'it may. be for the . purpose of forcing : the 1.,.: . . . . S:tmtliern Senator.;': and Representatives to - . ; seats in ConeredS. Th quertions may. be asked. "flow can he do such a thing?" You recollect flint ''six's mcniths ago - Gove rnor SWiann of /laryland was elected rt 'United States Sentitor, and that, a few weeks ' after;:k -I°l he declined, 'giving grave reasons of ' St. te as the cause ilt was, that Lieut. - Gov,. ; • COx of that State een decit •. be trusted! . for I Johnson's purposed. _There is - to-day. a - stand--: 1 ins army ill Mary Lad, an organizedmilitia . force,!siiCh as no other State iii the' Unicin le* efficered,mainly by -returned 'Rebels., ' When the tune conies winch lie looks for, un- . der some pretense Johnson may 'declare Ideryland and the Ph4riet of. C.olumbisi, run- . der martial law, and r call' ii,Pon. ' Governor . Swann tobringlorth his militia. - There is nothing that will deter' Johnson' from his - purpose, except ii hen, the 'issue comes that - hi&courage may fail. I, I make this statenient tha l t 4 the Anterican pdople may know ; the' 1 dlger that threatens their peace and safety. If ennsylvanja andaNew Nork give Demo-. era is majoritit.ts in the coming _ elections it nil embolden \him to rarry out hi& purpose.; ( am I hope that you.. the people . . of Ohio, wil be warned in, time, and. so cast your 'wails etato'rebuke and prevent the mad de- SiOs of this had man who Is now - acting . Presidentef the United States..., . . ' • 'this necords,perfectly With • Our informa tion throughreliatie private sources from . Wnshington. .. Xvery. outward ,indication as ~ we as the'reeont course of. Mr.. Johnson tends to confirm itstrutli. l and to :tea- • ..- Oniony nothing. should be reqUired *xi..rouse the . people to act as one man to. i nsure' 'that wh-eli alone. willarrest - the danger—tleide-- lent of the Democratic , par* 1 . _ • _ .. -_- • - . , . . •We are able to-assure the Republicans' of 'Alle g heny and Western .Pennsylvania that filie signs are% atifpref. ' 4 4:letup:el Apathy,' I Who has been.stipeeted.of having too mucks !to do with our affairs, has cashiered and ' - !dismissed, and General -Activity . neral-Antivity oppointedin his place- IJnd i er him Union men alb over , the State are falling into ranks preparatory to , Moving fortviird it a solid colutrinon election dcy.'ll2le*teforth,. 'till; that day dawns, the timewili,fte deipted to effort for sectrring is. full Union. vote, The ; little display. which the Deinocrits have made-of their confidence, has had the timely effect to awaken. Union men to this effort. Words of Cheer, come up to Ulf from nearly every,qUarter, eecomptini by. the inquiry,rwh.at willold Allegheny .dor it, 18'1 a reasonable inquiry,' and to it therer should be, but one . anSwer—an old fastionect Union. majority Friends, Audi it .be icor thing t "h03.2-71'itti. Cain- - . , ..
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