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- - . ,
..