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LANCASTER DAILY INTELLIGENCES. WEDNESDAY OCTOBER 6. 1880
Lancaster Intelligencer.
WEDNESDAY EVENING, OCT. 6, 1880.
Grant eh Hancock.
Grant is being se thrown into the fore
part of the Republican battle as te afford
color te the suspicion that after the In
diana election he will take Garfield's
place as the candidate. After a con
spicuous silence in the campaign and
after he had. lately expressed great confi cenfi
dence in the reconstructed state of Southern-feeling,
suddenly Grant faces about,
takes the stump and raises the bloody
shirt. And new we are supplied in addi
tion with a dish of personal abuse of
Hancock which'a political divine named
Fowler is made the medium of serving
up te the public. He seems te have
done the job bunglingly, because his re
port of his interview with Grant at his
home in Galena a couple of weeks age is
scarcely out before Grant hastens te say
that it is full of mistakes. Its tenor
manifestly, however, was in depreciation
of Hancock who he declares was " a very
fair corps commander, but was never
thought of for any great place." Grant
furthermore pronounces that Hancock
was a geed soldier up te 1SG4, when he
became "crazy te be president" through
the vote he get then in the Democratic
national convention. " He is ambitious,
vain and weak," says Grant ; who then
went en te give Fowler the inside his his
terv of Hancock's order Xe. 40, which
Fowler gives us, but Grant new says
" he did net get held of the points" cor
rectly. In which we sympathize with
Fowler, because the point of Grant's
story is hard te see. It should be re
ferred back te its author for revision. It
seems te bean insinuation that Presi
dent Jehnsen and General Hancock were
engaged in an effort te reappoint a gov
ernor whom Sheridan had removed, the
aim being te swindle the state out of
four millions of levee bends; Keverdy
Jehnsen being paid a quarter of a mil
lion te help along the swindle, which
Grant's obstinate virtue alone stepped.
New, surely, in view of G nmt's fre
quently exhibited easy virtue towards
like jobs, and the established reputation
of Andrew Jehnsen for stern opposition
te them te say nothing of the fair char
acter of Keverdy Jehnsen and Gener.il
Hancok for honesty this will be a very
tough tale for the people te swallow, and
they will hardly de it en the present in
ducement. And then is it net a conspicuous
case of the pet calling the ket
tle black ler Grant te charge that
Hancock is " crazy te be president ?" A
mere conspicuous instance of craziness
in that direction has never been pre
sented that Grant himself has shown in
seeking a third term, alone of the presi
dents, and against a pretest of the
people that was strong enough te over over
theow him in the house of his friends. He
may well be said te be crazy te be presi presi
dent.Te Hancock,as te every ether citizen
of the country but Grant, the presidency
may be an honorable object of ambi
tien. Grant alone is dishonored in seek
ing it; and yet he dares te upbraid
another fur desiring it. Audacity could
no farther go. It surely does net lie in
Grant's mouth te charge upon Hancock
ambition as a crime ; or vanity as an
offense; or weakness, in the sense of
partisanship, as unfitting him for the
presidency. Of vanity, ambition and
that sort of weakness, Grant himself is
a shining example. "What w euld he net
de for his party ? When did he ever
fail it ? It is this which made him strong
with it. He was acceptable te its leaders,
as its earnest and servile tool. His in
dependence never was a stumbling block
te them. Xe man could have been a
blinder or mere unscrupulous party ser
vant. That Business Men's Sleeting.
Our -Republican fellow citizens who
thought it would be such an effective
idea te get up an organization of the bu
siness men, te march in the Garfield pa
rade and te preach in the Garfield cru
sade, have our sympathy in the failure of
the idea te pan out according te expecta
tion. It is like a great many plausible
looking ideas that don't work well when
they get down te practice. 11 every
geed idea en
the surface proved
te be geed
world would
at the kernel this
be tee delicious a
place te live in entirely, and would be no
longer only a ileeting show for man's de
lusien given, full of disappointment
and misery, aud but a penetential place
of discipline for a happy hereafter.
That is what was the matter with
Chairman Cessna's nice canal beat and
amiable mules. The idea undoubtedly
looked well en one side ; but it didn't
stand continued inspection, seeing that
a canal beat is a slew sort of a thing for
a live campaign and terribly out of
fashion anyway. Away back in the leg
cabin days it might have worked, joined
en te the hard cider enthusiasm. And
this, by the way, would have been a geed
year te lead up the canal beat with that
seductive beverage; apples being se
plenty. If Chairman Jehn had net been
tee geed a temperance man te think of
it he might even have floated his canal
beat in cider. Rut probably even that
would net have saved it. There are
some things that saltpetre won't save;
and they leek premising tee, and you
can hardly tell what is the matter with
them ; but they de go off in the most
surprisingly sudden way and in the bloom
of their youth ; there they lie, pretty te
leek upon, but ashes te the lips, like a
Dead Sea apple.
That was the case with that " busi
ness men's" meeting. The forty " busi
ness men" who assembled together did
net seem te have the " hang" of their
idea quite at their finger ends. Prof.
Wickersham, who is net a conspicuous
business man, seemed te be most fully
impressed with the business idea of pre
senting Garfield as the business men's
candidate ; while our tall friend Peters
was intent upon getting the business
men te walk in martial s,tyle with heads
up in the torchlight precession, headed
by a band of music and jingling
their cash at every step ; and te aid the
crushing demonstration, an enthusiastic
business man who has a store in a stable
en an alley moved that they turn out in
black clothes and tall silk hats. The
company quivered at the suggestion, and
when Clothier Myers dilated upon the
business ideathat'all this businessmen's
glory would call upon business men's
cash, they silently stele away; and
Brether Wickersham had te scratch
around for his committees among busi
ness men who were net there.
It was notable of this business men's
meeting that the business men were ab
sent, and that the few in attendance
were stalwart Republican politicians.
The meeting'mighthave been styled4 'the
Heg Ring meeting " or the " Bull Ring
meeting," with mere justice, because
there were mere representatives of these
rings present than of the business ring.
And thus was proved the fallacy of this
business idea ; and that is why it came
te grief se seen and died in its young
bloom. Pledging the business men te
Garfield was an excellent idea ; but it
was desperately spoiled by the average
style of the business men who were turn
ed up te support it. Its beauty could
net have been damaged worse by the
confluent smallpox.
-
The Examiner is hard pressed for cam
paign matter when it consents te pub
lish about se excellent a citizen as Mr.
J.B. Shelly, of Mount Jey, the story
which it prints in its yesterday's issue.
It seems te be a lie out of the whole
cloth, and must have been known te be
false, en its face, by anyone acquainted
with Mr. Shelly.
But what can be expected of a paper
which re-publishes that rebel flag from
the Het Springs, Arkansas, paper, in
which it appeared unintentionally, after
the editor of the paper has se explained,
without giving that explanation te its
readers, but en the contrary explicitly
declaring that such explanation had net
been offered. The Examiner lives en lies,
and its party will die of a surfeit of
them.
Tin: sensible communication from
"A Hancock Republican Soldier" which
we print te-day contains suggestions
that will commend themselves te fair
thinking people of whatever political
faith. He points out the hollowness of
the Republican outcry against the solid
Seuth, when that portion of the country
is manfully supporting the brave gen
eral who successfully fought te suppress
their rebellion, and he queries hew there
can be a bar erected between the two
great portions of a common country en
political matters, while there exists a
community of interest in business, ma
terial, religious and social relations. The
inquiry is an apt one, and the answer
will be rendered in no uncertain tones ;
for the country, like our correspondent,
is tired of sectionalism in politics, aud
will signify the desire for reunion in the
election of General Hancock next month.
The awkward squad of se-called " bu
siness men " who are frantically but
vainly attempting te get up a scare and
induce business men te fear that their
pecuniary interests will suffer if Han
cock is elected, seem te forget the fact
that in the summer of 1863, when they
were trembling in their beets and pack
ing up their valuables and shipping them
te Reading, Philadelphia and ether
places of safety, Hancock and his legions
were fighting and bleeding at Gettysburg
te save these business men from the
wrath of Longstreet and Mesby jmd
Key and Ackennan, who are new the
recipients of fat offices at the hands of
a fraudulent Republican administration.
PERSONAL.
Senater Wall ce spoke te an immense
meeting in Williamsburg last evening.
Rev. Dr. A. A. Wim.its resigned yes
terday the pastorate of the West Arch
Street Presbyterian Church of Philadel
phia. Emma AnneTT told a reporter that she
is one of the strongest and healthiest
women ever born and never has any pain
from her head te her tees.
Mr. Wix.vxs, the former Baltimore mil
lionaire, who new lives in England, had
taken an immense deer forest in Scotland,
and devotes himself te deer driving.
Sometime he and sons butcher thirty
beasts a day.
The report that Wm. P. Funnv, esq.,
had resigned the editorship of the Alteena
Sun was incorrect. Owing te ill health
aud at his own request the directors of the
Sim publishing company gave Mr. F. a
month's respite from journalistic labors
which, his friends will be glad te hear, has
been improved te his great physical iclief
and rapid improvement.
Yesterday was the last day upon which
Isaac P. CimisTiANCY, minister te Peru,
could have filed an answer te his wife's
cress bill for a divorce, but he failed te de
se. It is asserted that an answer prepared
by Mr. Christiancy in Seuth America is in
the hands of his lawyers, " but is of such
a nature that the latter refused te file it."
The Presbytery of Philadelphia Central,
at its afternoon session yesterday, adopted
the committee's report upon Prof. Walter
Q.Scett lately oiWeostcr university, which
declared its judgment, after a careful ex
amination, te be that his character as a
Presbyterian minister is net impaired and
his doctrinal soundness is net te be im
pugned. In its notice of the handsome weed carv
ings en exhibition at the Cincinnati expo
sition, the Commercial of that city says :
"A musical cabinet by Miss Sallie
Ehkman, of black walnut, is a study, full
of interest and beauty. The upper por
tion is enclosed for volumes, the lower is
devoted te open shelves for sheet music.
Each of the panels composing the deer and
ends of the cabinet is devoted te the mem
ory of some master. The names of Bach,
Beethoven, Mozart, Wagner, Haydn,
Handel, &c, are carved en scrolls, and
the background is composed of flowers or
foliage that are emblematic of the great
master, his music or his nationality. The
upper back panel, and perhaps the most
noticeable, is dedicated te St. Cecelia,
with a charming background of wild roses,
that are cut, with about half of an inch
only of relief, yet with a freedom that
leads one te think they are as natural and
redolent as veritable leaves and blossoms."
The Tammany and Irving hall commit
tees met yesterday te settle the question of
the New Yerk mayoralty, and altera most
harmonious conference determined te defer
the settlement until after the Indiana and
Ohie elections.
KOBTB AN1 SOUTH.
CoBSlderatteM for Intelligent People.
Fer the Istxluekscxb.
I am a veteran soldier and fought foe fee
three years against the Confederates when
many of the loudest-mouthed politicians
who are denouncing Hancock were skulk
ing at home. I am disgusted with the
conduct of some of my late fellow Re
publicans who are trying te keep alive
sectionalism, and who are forever denounc
ing the Seuth whose worst fault newsecrnS
te be that it is solid for the election te the
presidency of one of the bravest generals
who fought against it. When I saw the
alacrity and hearty geed will with which
the Seuth rushed te his support I made up
my mind te give my vote te the cause of
reconciliation and reform. The longer the
campaign has continued and the mere
thoroughly the Republican policy has de
veloped, the mere fixed I have become in
this opinion. Te listen te the speeches,
the newspaper arguments and the curb
stone chatter of our Garfield Republi
can friends, one would think that
people of the North have no kin
ship, nor interest, nor community of feel
ing with the Seuth. I have observed from
the Reformed Church Messenger that the
Potomac synod of that church is te meet
in Woodstock in the Shenandoah Valley.
Se there must be some persons down theie
engaged in the Christian work of this de
nomination. And there are Catholics and
Methodists and Baptists and Presbyteri
ans and all ether denominations. If the
people of these states are fit te dwell with
us in Christian fellowship and brotheiheod
aud te partake of our religious communion,
why net te participate with us in political
association ? There are geed Free-Masens
iu the Seuth, and Odd Fellows, aud Amer
ican Mechanics, and Knights of Pythias,
and members of many societies which
have branches North 1 Hew can we con
sistently recognize se many of the people
of the Seuth as brothers in the Lord and
iu these fraternal associations ; hew can
we deal, buy and sell and tiade with them,
aud yet presume in political affairs te ex
clude them from the consideration which
we claim for ourselves ? There is neither
Christianity, common sense nor patriot
ism in the Republican argument. Xe
mere of it for
A Hancock Repuiimcan Seldiek.
MINOR TOPICS.
Arkansas registers about 4.000 inajeiity
against the state repudiation amendments
of the constitution.
In sentencing Jersey Blue for six months
in jail for elopement, the juJgc said that
he was sorry that the law would net per
mit him te impose a heavier penalty.
TnE Reformed Church Messenger was
glad te see in the Pan-Presbyterian alli
ance that Dr. McCook and his committee
en decorations placed a banner en the walls
of Horticultural hall, in honor of St. Pat
rick. The Lancaster Examiner, which promis premis
ed te have something te say about the
disbarment case after the supreme court
get through with it, has nothing te say ex
cept te doubt that the opinion was tele
graphed te the Intelligencer and Jfac
Era en 3Ienday. Nevertheless every word
of it was sent aver the wires of the W.
U. telegraph as it can ascertain by inquir
ing of Manager D. n. Potts.
Gen. Gee. Washington Stewart, of
Spruce Creek, Huntingdon county, is the
Democratic father and leader of a whole
Democratic drum corps, lie has five boys
and while he blows the fife, each of the
younger Stewarts, running from Alexan
der the Great down te Geerge B. McClel
lan, beats the drum. The half-dozen
Stewarts constitute an organized dm in
corps which is a feature of Democratic
parades in Huntingdon county.
m -
THE ELECTIONS.
Democratic Victory in Delaware.
The " little election " for assessors and
inspectors in Delaware favored the Demo
crats in Wilmington yesterday and they
paraded the streets and made as much
noise as the Republicans did in September.
The total city vote en assessors foots up :
Democratic, 2,880; Republican, 2,862;
Democratic majority, 18. On the inspec
tors' ticket the Republicans have a majori
ty of 114. The discrepancy is chiclly at
tributable te some cutting of the Republi
can assessor candidate in the Seventh ward.
The election passed off quietly, with the
exception of a lively fight between whites
and blacks in the Ninth ward, in which
several heads were cut. Returns from a
majority of the hundreds indicate a Demo
cratic majority of 200 in New Castle coun
ty, 500 in Kent and 250 iu Sussex, about a
thousand in the State.
Gain for the Democrats la Connecticut.
Of 145 towns heard from 75 have been
carried by the Republicans, 55 by the
Democrats and 5 are evenly divided. Theic
are but few changes from last year. The
Democrats claim a gain in the aggregate.
Lecal issues predominated in most of the
towns and the result has little political
significance. New Haven and Bridgeport
held no election. In Stratford Wm. Stan
kard, Republican, was arrested for buying
votes and held in $1,000 bail en two
counts.
STATE ITEMS.
The epizoety has appeared in Wilkcs
barrc. Mrs. Letitia Lawten, aged 101 years,
died en the 2d inst., in Philadelphia. Mrs.
Lawsen was born in Denegal, Ireland.
The Democratic campaign committee of
Philadelphia have appointed a committee
te inquire into the facts relating te the
late district attorney's convention.
Hen. F. P. Dewees, of Pennsylvania,
has written a letter te the chairman of the
National Greenback Laber party of Penn
sylvania, withdrawing from the canvass
as the nominee of that party for judge of
the supreme court of Pennsylvania.
Near Pittston, James Leugherv. eigh
teen years old, was en his way home from
a hunting excursion with a companion
named Pat Clipper, when the latter "s gun
caught in the branches of a tree and was
discharged, the contents lodging in
Loughery's brain, causing death in a few
minutes afterwards.
Three Children Darned te Death.
A most heart rending accident occurred
iu Leville, a suburb of Jacksonville, Fla.
About two o'clock Mrs. William Clarke
had just finished the family meal and two
of her children had taken seats at the table,
while a third steed by her, near a gasoline
stove, the reservoir te which she was about
te fill. Frem seme explained cause the
vessel of gasoline which Mrs. Clarke held
became ignited and a fearful explosion oc
curred, filling the room instantly with a
volume of intense flame. Mrs. Clarke and
her three children were burned in a most
terrible manner. The three children have
died and there is little hope of the recovery
f the mother.
BfcXCB, 1MB AND PKESS.
Opinion of tbe Newspapers of the- Country.
They Prefer Judge Sharswoeds Lrnr te
Jadge PatUrsen's.
X. Y. Herald.
The latest attempt at muzzling the press
has ended as disastrously as all the ethers.
Twe editors, who were also lawyers, hav
ing expressed in their journal some opinions
upon the conduct of a Pennsylvania court,
were disbarred by the presiding justice ;
yesterday the chief justice of the state va
cated the order.
Unquestionably lllglit
Philadelphia tvenlnj Bulletin.
The decision, which is in accord with
one made by the late Chief Justice Gibsen
in a case exactly similar many yeaisage,
is unquestionably right, and the repetition
will be a warning te all self-sufficient aud
tyrannical judges of lower courts that may
presume te degrade a professional man who
may have criticised him in the journals or
in any ether public manner.
Sat Iteirn Upen.
Pittsburgh Pest.
Judge Patterson of Lancaster will scarce
ly meddle with the Democratic editors of
the Lancaster Intelligencer in the time
te come. The .supreme court sat down
upon him in a mere emphatic manner than
is customary with that distinguished body.
What it Established.
Pittsburgh Times.
According te the decision of the supreme
court, as stated in Judge Sharswood's
opinion, a lawyer who is also a journalist
is net precluded from criticising the official
conduct of a judge. And even should the
lawyer's criticism amount te a gross libel,
the judge may net at his discretion stiike
the legal libelcr's name from the list of
attorneys. Ne doubt, in such a case, the
judge has his remedy like any ether citi
zen, and may appeal te the courts for re
dress. Ne Muzzling the Press.
Pittsburgh Leader,
The decision of the supreme court in the
Stcintnan-Hcnsel case ycsteiday is found
ed en common sense as well as law. Te
say that because an editor happens te be a
lawyer he cannot cricise the actions of the
court in his paper without making himself
liable te expulsion from the bar seems ab
surd. Iu the smaller cities and towns
very raauy of the newspaper publishers are
alsopractitieneis at the bar, and could
they be dealt with as the proprietors of the
Lancaster Intelligencer have been dealt
with at the hands of the judge of the
courts of their county it would virtually
amount te the muzzling of a large poitien
of the press se far as any criticisms of the
judiciary is concerned. A newspaper is
responsible for its publications, and the
supreme ceuit has wisely decided that that
is sufficient piotectien te any man who
feels himself te have suffered from any
publication, without going outside te in
jure the publisher in any private or pro
fessional business in which he may be en
gaged. A Judgment te Elicit Applause.
Eusten Express.
The decision of the supreme ceuit, in
reinstating te the list of the membeis of
the bar, Messrs. Stcinmau and IlcuseJ, of
the Lancaster Intelligencer, who had
been disbarred by Judge Patterson, will
receive the applause of the press and bar
of the state, and all lair-mmdcd men.
Iteaseuable, Just and Liberal.
Heading Eagle.
J he decision el Judge ratteisen was
like the edict of a cruel king, while the
opinion el the supreme court is reasonable,
just and liberal law.
The Star Chamber Abolished.
Columbia Herald .
Judge Patterson has been reversed in
the Steinman-Heusel case, anil the result
will probably be that we w ill nevermore
have a star chamber proceeding in Lancas
ter county, especially regaiding lawyer
editors. It was Expected.
Verk D illy.
The decision is as was universally ex
pected, excepting in one respect, that is :
The irate judge sheuid in seim way, have
been made te pay the costs. Wc can see
no reason why a judge en the bench, mak
ing a false accusation or a damaging
luling, should net be as liable te pay costs
as any ether man, uudcr similar circum
stances. In such a case a judge is no bet
ter than a mule driver ; and iu this case he
should have been made te pay the costs
and net saddle them upon the tax-payers.
We have yet te see the first respectable
journal in this or any ether state, that has
net heartily cendemed the arbitrary action
of Judge Pattcisen in the case refer
red te, aud it is a pity that innocent peo
ple arc compelled te pay for his misdoings.
A Terriiied Parden Heard Organ.
Harrisburg Telegraph.
The decision is that a judge feeling him
self libeled by a newspaper publication
must seek the same remedy as a district at
torney, a legislator, or a man in any public
station the remedy by indictment for
ciiminal libel or by suit for damages. A
judge cannot of his own motion cite an at
torney who is also an editor into court aud
disbar him for a libelous publication en
tuc court. This is the pith of the decision,
and, however much it may seem at vari
ance with received opinion, must be ac
cepted as the law of the state. Its only
effect may be te restore Messrs. Steinmau
and Henscl te the list of attorneys ; but
there is danger it may result in licensing
unprincipled newspapers te attack our
courts whenever judicial opinion, however
well based iu law, is contrary te the opin
ion of great masses of our people.
New for the District Attorney.
Lancaster New Era.
If this be the duty of the lawyer in re
gard te bringing te the notice of the peo
ple who elect the judges every intance of
what he believes affects their capacity or
integrity, for the reason that he has better
oppeitunitics for observing and forming a
correct judgment of their fitness for the
position, is it net equally his duty te de se
in regard te that ether office which in the
administration of public justice is second
only te the office of judge? We, of course,
refer te the office of district attorney.
And we need go no further for an illustra
tion te cnfeicc our meaning than the origin
of the very case which called forth the
opinion from which we quote. The ceuit
of Lancaster county, which ought te be
above suspicion of assuming " a position
tee monstrous te be entertained for a me
ment," is te-day humiliated aud suffering
reproach, simply because public justice
was prostituted in its honorable presence
by a district attorney with his assistant,
ignoring their obligations te the court and
the commonwealth, through their zeal te
serve " the best political werkeis of a
waid.'
Klght and Proper
Philadelphia Evening News.
The decision takes strong ground in fa
vor of the right of lawyers te criticise
judges where they exceed their powers,
and fully rebukes the autocratic pretensions
of Judge Patterson. It is i ight and proper,
and will exert geed moral influence.
Snap Judgment Keversed.
Philadelphia Evening Chronicle.
The opinion is such a one as might be
expected from that eminent jurist, Chief
Justice Sharswood. The opinion as re
ported te-day gives sufficient reasons,
which reasons rest solely en the law, why
Judge Patterson's action in disbaning the
lawyers for what they did as editors was
hasty, ill-advised and contrary te the laws
of Pennsylvania.
Judge Patterson had his remedy for libel,
but that was net te his mind. lie was de
termined te take a snap judgment .en the
lawyers, in a court where he could be
prosecuting attorney, witness, judge and
jury, and where he could make effective
for a time the sentence which before- the
mock hearing he had determined te im
pose. This het-beaded prostituter of a
sacred office has had his short-lived satis
faction. New the disbarred attorneys
have the sweet revenge which the law
awards them. They are restored te the
rolls, and te-morrow, if they please, may
appear professionally at the bar of the
Lancaster county court, in spite of Judge
Patterson. If this be net revenge enough
an action for damages will lie against Pat
terson and if there shall be honesty enough
at Harrisburg when the Legislature meets
again Patterson might even find himself
interested in impeachment proceedings,
for which the ruling of the supreme court
would make an excellent foundation.
Whatever these gentlemen -may de or
decline te de it is settled by the highest
judicial authority in the state that a law
yer is net te suffer in his office of attorney
which is his property for what he does
as editor ; and that an offending lawyer
cannot be deprived of his office of attorney
"unless by the judgment of his peers or
the law of the land this last phrase mean
ing, as we have been taught by Lord Coke,
'due process of law.' "
Our townsmen Colonel McClnre and
Rufus E. Shapley, esq., are te be congrat
ulated upon the effectiveness of their learn
ed and eloquent appeals in a case which is
already celebrated and which will occupy
a prominent place in the books. Messrs.
Steinmau and'Hensel are te be congratu
lated en their triumph in a just cause.
m m
LATEST NEWS BY MAIL.
James Moerchouse, sick of hydrophobia
at Elizabethport, X. J., died en Monday
night.
The first day's registration of voters in
New Yerk city, yesteiday, showed a total
of 75,570, about 16,000 mere than in 1876.
The official majority against the Repu
diation amendment iu Arkansas has reach
ed 3660, and it is believed the complete
i etui ns may make it 4,000.
The freight steamer Rossmere, from
Liverpool for New Yerk, sixteen days out,
put iu te Halifax, X. S., en Monday night,
for repairs te her machinery.
The choener C. J. Smith, with a cargo
of oysters, went ashore near Leng Point,
X. J., in a fog, en Monday night. It was
thought yesterday that she could be floated.
Xapoleen Lafra, of Dedgevillc, It. I.,
was anested yesterday for attempting te
drown his five-year-old daughter by throw
ing her into the i iver at Pawtucket.
Adam Kiebs was fatally stabbed by
William Pollock, iu Williamsbuig. X. Y.,
yesterday morning. They quarrelled about
a colored girl both were visiting.
Jeseph Abbett was convicted at Elmira,
X. Y., ycsteiday, of haviug murdered a
fellow convict in the penitentiary last
April, and was sentenced te be hanged en
November 19.
The national beard of health was advis
ed yesterday of a death from yellow fever
in New Orleans, en Monday night. Steps
were taken by the local health authorities
te prevent the spread of she disease.
The second annual exhibition of the Na
tional fair association of the District of
Columbia, opened yesterday. Congress
man Blackburn, of Kentucky, delivc-ad
an oration.
The steamer European cleared from Sa
vannah yesterday with 7,000 bales of cot cet cot
teu and 190 tens of phosphate rock. It is
the largest cargo of cotton ever cleared
from any peit in the United States.
Twe of the largest and most valuable
buildings of the extensive weiks of
Helmes, Beeth & Hayden, in Waterbuiy.
Conn., wei e destroyed by fire last even
ing. The less is estimated at $200,000.
Frank Heeper and Chester Addison are
believed te have been drowned while cross
ing Allen Pend, near Lcwisten, Me., en
Sunday. The be.it and their hats were
found near a small island.
Geerge Parmenter, aged 14 years, died at
Branch Shere, X. J., en Monday, from an
overdose of chloral administered by a do
mestic, who misunderstood the physician's
directions.
The internal lcvcuc bureau is informed
that the gang of armed men w he forcibly
rescued property held for violation of the
revenue laws in Dalten, Ga., last Fiiday
night, were black masks and gown-, aud
had their horses covered with sheets.
Rebert Magil, eolercd, was arrested in
Harrisburg, last night, and committed
for a requisition from West Virginia, en
the charge of attempting te poison his
wife, three children anil step-father, iu
Charlestown, last week.
P. A. Beldcn, a section foreman en the
Denver & Seuth Park railroad, was fa
tally shot by Jehn Doolittle, at Come,
Cel., en Monday meining. They had
quarrelled "about an old shanty which
the section man had been sleeping in."
The annual movable committee of Col
ored Odd Fellows of the United States,
Camillas, and West Indies met yesteiday
in the Hall of Delegates, at Richmond.
Va. Giand Master Faucett presided, and
reported the elder te be very flourishing.
The whaling bark Hidalge arrived at
San Francisce, en Monday night, from the
Arctic seas. She has no news of the Jean
nette or the missing whalers. The rev
enue cutter Cerwin was seen en the 26th
of August, elf iPeint Belcher, steering
southwest.
Professer Jacob Bell, of Dallas, Texas,
died in Wilbarge county, in the "Pan
handle" of that state, last Wednesday,
while making a scientific exploration of
that section. He was a native of Switzer
land, a favei ite pupil of Agassiz, and was
distinguished as a scientist.
Geerge Trust, white, convicted of man
slaughter, in having killed Wm. A. Robin
son, colored, was sentenced in Baltimore
yesteiday te four years and seven and a
half months' imprisonment in the peni
tentiary, lie has been in jail four months
and a-half since his conviction.
Xews has been received at San Fran Fran
ciseo from Sydney, X. S. W., that the
captain and cicw of the Esjicranza have
been massacred, the mate and a seaman
of the wiecked vessel Ariel poisoned, and
the second mate and a government agent
muideredby the natives of the Solemon
Islands.
The formal dedication of " Rugby," the
English colony in Tennessee, took place
yesterday. There was a large attendance.
Religious services were conducted by Bish
op Quintard. and a poem was read by Miss
L. Virginia French. Addresses were then
made by Mr. Themas Hughes, M. P. ; Cy
rus Clark, manager of the colony ; Judge
Temple, of Knoxville, and ethers.
, A Submarine Volcano.
Commander Huntington, of the United
States steamer Alert, reports that while
e i a surveying cruise in the Pacific ocean
ha saw a submarine volcano lise near the
island of San Alessandie. First a volume
of vapor arose as though a vessel weie
blowing off steam ; then breakers appear
ed, and finally "an immense black mass "
was upheaved. Mud and ashes were
emitted, the ejections being accompanied
by dull leperts and a sulphureus odor.
Several days were spent in a reconueisance
and one of the beats of the Alert was sent
te within a hundred yards of the volcano.
Aicefer island was found te be in pro
cess of formation, and a specimen of the
bottom was obtained. At night flanus
were seen issuing from the spot. Sound
ings were obtained in from 5 te 29
fathoms. The volcano bears north, 44 de
grees west, three miles distant from the
lauding place, en the southwest end of the
island.
James Loughrey, aged 18 years, was ac
cidentally shot dead by Patrick Clisham
in a hunting excursion near Pittston, yesterday.
LOCAL INTELLIGENCE.
THE DUAMA.
Mr. Jeffersen as Beb Acres."
The audience that assembled at Fulton
opera house last evening te witness Mr.
Jeseph Jeffersen's impersonation of Beb
Acies iu Brinsley Sheridan's comedy of
"The Rivals" was the largest as it was
the most cultured that has gathered there
during the present season, and the fact
that every seat in the house was occupied
was net less creditable te the people who
rilled them than it was complimentary te
the eminent actor whose name constituted
the magnet of attraction. Mr. Jeffer Jeffer
eon is pre eminently a faveiite with
our play-going people, and his suc
cessive appeaiances in this city always
heretofore, as farback as the memory of
the majority of his admiieis hereabouts
extends, at least, in the character of Hip
Van Winkle have been uniformly greeted
with large audiences, comprising iu I irge
measure the best cultivated local dramatic
taste. The announcement that he was te
favor his frieuds here with a new imper
sonation served iu addition te whet their
appetites for the feast which the mere fact
of his cemiug assured, while at the same
time, it must be confessed, it served te
dispel the impression that Mr. Jeffersen
was a ene-pait actor, which existed very
generally in the minds of these who were
uuacquainted with this versatile actor's
bygone triumphs as Asa Trenchant, Caleb
Plummer, Br. Panghrn, Salem Scudder,
Mr. Golightly, and a dozen ether per per per
sonateons that still linger in the mem
ory of old play-goers and are remembered
only te be admired and extolled.
"The Rivals," as every one who has
read that delightful offspring of the
same witty pen that gave birth te the
"Scheel for Scandal," is a sterl
ing comedy that ranks in merit
with the latter weik. The wit of
its dialogue, the humor of its situations,
the felicitous conception and arrangement
of its characteis, all place it above any
necessity for the sensational and adventi
tious features characteristic of mere
modem comedy, and the refreshing
breeze of geed old-fashioned humor that
swept through the heuse from the time
the curtain rolled up en the scene which
disceveis Sir Antheny Absolute in con
versatien with Mrs. Malaprep till
it fell upon the epilogue was a
most grateful relief from the atmosphere of
burlesque burdened se heavily with forced
fun that has of late been tilling the nostrils
of our people until they are well-nigh sick
ened by the loud-smelling infliction. Tnc
comical antics and grotesque affectations
of Beb Acres, whose arrant cowardice and
braggadocio would in any one else be con cen
tcmptible, but in Beb aie erdy ludicrous ;
the linguistic eccentricities and self-supposed
shrewdness of dear, delightful old
Mrs. Malaprap ; the bluster and liery tem
per of Sir Antheny Absolute, and the base
deception of his hopeful son Jack, all con
tribute their peculiar phases of humor te
a composition that is a perennial fountain
of mil th. Mr. Jeffersen's Beb Acres is the
finis! ed ptoductien that every 0113 ac
quainted with his capacity would expect
it te be. He has the happy faculty of
grasping the animating spirit of the iota
he undeitakes and reflecting with all the
beauty of outline and strength of substance
the author's meaning ; his fidelity te the
ideal is proverbial, and the piece of wm k
that leaves his hand is fashioned with the
skill of the true aitist, shapely and beau
tiful. The play-wi ight's purpose iu his
creation of the character of Beb Acres is
completely developed in the impersonation
of Mr. Jeffersen, the geed-natured country
squire, possessed of the desire for
"polish" and affecting the ways of the
city ; a jelly fellow iu his way, who only
needs te be seen te be liked, but upon
whom the sobriquet of "Fighting Beb"
sets with the awkwardness of a garment
intended for a man ten times as big and a
thousand times mere belligerent. In the
challenge scene Mr. Jeffersen's apprecia
tion of the humor of his role is conspicu
ous, and his desperate efforts te retain his
courage in the face of his bumpkin ser
vant's teirer were intensely amusing.
Mr. Jeffersen is te be congratulated en
his geed sense in surrounding himself with
sueh thoroughly competent support ; for
"The Rivals" is one of these exacting
pieces that demands thorough attention te
all its details ; and pieminent as is 31 r.
Jeffersen's pait it is net se all-important
as te obviate the necessity for a
full cast of almost equal incut te sus
tain the performance at uniform strength.
Mr. Jeffersen's impeisonatien, com
prising as it docs one of the best pieces of
pure fun te be seen en the stage, shines
like a star, but its Iu:;trc does net dim the
brilliant pciferniance of the excellent
actors about him. Mis. Jehn Drew, as
Mrs. Malaprep, carried elf a geed portion
of the honors se liberally bestowed during
the evening. The stately decorum with
which she slaughters the king's Eng
lish is the refinement of appreciative hu
mor, and every blunder is made iu the
spiiit of fervent conviction. The scene
between Mrs. Malaprep and Captain
Absolute is one of the cleverest
things in the whole piece, and the
Captain's loud ha ha, showing hew
keenly he appreciates the ludicrous humor
of the affair, communicated te the audi
ence and set the house iu a rear. The bit
of illustrative stage business with the let
ter, she giving te Absolute by mistake one of
the love letters of O' Trigger instead of
the intercepted epistle of the mythical
Becerly, was done with a bridling simper
that were simply ii resistible. Mr. Barrv-
mere's Capt. Absolute, while Mr. Frederick
Robinson as Sir Antheny Absolute g.ive a
most excellent piece of comedy-acting. In
the quarrel scene with his seu, no less than
in his subsequent discovery of the sharp
trick that hopeful has played upon him,
and his enjoyment of the joke,
he furnished a very clear idea of
his capabilities. . Mr. Charles Waverly
as Sir Lucius O' Trigger, proved himself a
comedian of genuine merit, and manifests
a thorough apprehension of his part. Miss
Resa Rand scaicely developed all the poss
ibilities of her role of Lydia Languish, and
the addition of a little ginger would net
unfavorably affect her rendition of the part.
The less impeitant characters weie sus
tained in satisfactory style, and the entire
performance was one that will linger pleas
antly in the memories of these whose geed
fortune it was te be present.
I.eferined C'assls.
The Synod of the Reformed church in
the United States will convene in Meyeis Meyeis
tewn, Pa., October 20th. Following are
the delegates fieni Lancaster classis :
Kevs. W. II. II. Snyder, J. P. .Moere. S.
Schweitzer, D. B. Shucy and J. II. Pan-
nebecker, piunara, and Kev. S. r. Blown,
A. R. Thompson, G. W. Snyder, J. S.
Stahr, and Dr. F. A. Gast, secundi.
Elders. E. J. Zahin, S W. lleish, Gee.
Mcngel, Jacob Gergas, and Henry Martin,
primarii. and J. R. Suter, A. T. G. Apple,
J. L. Hoffmeier, P. E. Gergas, and M.
Herst, sentndi.
Fatal Accident at the Steel Works.
About 10 o'clock yesterday morning a
man named Alexander Hill, of Columbia,
who was employed as a hed carrier at the
new building at the steel works near Har
risburg, fell from a scaffold, a distance of
25 feet te the ground, breaking his back.
He received immediate attention at the
hands of a Steelton physician, after which
he was taken te the hospital, where at a
late hour last evening he was reported te
be in a precarious condition, with no pos
sible hope of recovery. His age is about
55 years and h has a wife and children
residing at Columbia.
1T! APPEAL.
Decision of the Supreme Court, Keveralas
the Court Uelew.
The following is the opinion delivered
by Judge Sharswood, reversing the deci
sion of Judge Patterson, which nullified
the will of Mrs. Mullen and distributed
her property under the intestate laws :
Last's Appeal.
Appeal from the decree of the Orphan?
Court of Lancaster Ceunty:
Siiakswoed, C. J.
There are some matters involved in this
controversy which must be assumed if net
conceded as net iu dispute. First, that the
instrument purporting te be the last will
and testament et Elizabeth M. Dunn,
dated February 8, 1876, cannot take effect
as a will, having been revoked by her mar
riage with the appellee ou the follewin ;
day. Probate of it was refused by the
tribunal having exclusive jurisdiction as
far as peisenal property is concerned, and
its decree tuiappcaled from is conclusive.
Second, This revocation was by the pest
tive prevision of the statute 8' April, 1S&5.
S. 14, Pamph. 2, 250 : " A will executed
by a single woman shall be decnu-d re
voked by her subsequent marriage " This
law was net known te her aud net adverted
te by her counselor called in by her te give
his advice and prepare the instrument. It
was certainly net thought by her that such
a result would fellow. She did net mean
it te be revoked by her marriage. On the
contrary both she and her counsel meant
te make a disposition which would be
effectual after the marriage which was te
be celebrated within twenty-four hours
after that paper was executed. The exe
cution of the will at the time and under
the circumstances was a plain mistake.
Had it been postponed only a few hours
until after the marriage ceremony was per
formed it would have been a valid aud
effectual disposition of her prepeity.
Third. There was a contract made by Jehn
A.MuIleu,the intended husband,at or about
the time the instrument was executed, by
which she was te have the power "te
dispose of her fortune by will or otherwise
any way she pleased." That this was the
contract is established by the most conclu
sive testimony confirmed by the admission
of the husband afterward, who put his re
fusal te give effect te it, nten the .-round
that he had net freely and fairly se agreed,
but that because it was net in writing he
was net beuud by it. In this he was mis
taken, for a parel ante-nuptial c mtr.ict such
thi--, being in consideration of marriage,
wiieh is a valuable one. is uuques'ieuably
binding en the patties. (Gackcnbach v.
Blown, 4 V. and S., 54(5.) That he knew
and considered at the time the iustiuincut
in question was executed that it was in
tended te carry out and give effect te his
ante-nuptial agreement is jueved by the
clearest and most convincing evidence.
If, as it has been earnestly contended,
the decree of the ceuit below must be
affirmed and the entire personal estate of
the decedent awarded te the appellee,
then it is net te be disputed that there
miist be some palpable defect in equitable
jurisdiction iu this commonwealth, te ren
der necessaiy se gies an injustice, se
revolting te the nieial sense et what is
right and wrong. We think, however,
that fortunately there are two vciy familial
and well settled principles of equity,
often receguicd aud applied by 0111
courts which prevent such a result. One
of these principles is, that whatever a chan
cellor en the facts of a case would have de
creed te be done the com ts will consider
as having actually been done. Anether
principle is, that wherever a parson has the
legal right te dispe-e of prepeity ami
means te de se, the form of the insti'imeiit
adopted for the purpose, if at law ineffect
ual, will be disregaidcd, and it will bu re
formed se as te be made effectual.
Suppose, then, that at the time the papci
of .February 8, 1S76, was executed by
Elizabeth M. Dunn, she had filed a bill in
equity setting feith the autc-uuptial eou eeu
tr.ct made by Jehn A. Mullen and the
marriage about te be seIemnized,and play
ing that it might lie can ied into execu
tion by sonic instrument of writing te be
signed by him, what would have been the
decree of the court? Surely upon tin; un
disputed facts the prayer of the bill would
have been granted anil the decree would
have been cither that the husband and
wife should join in a conveyance te tins
tees iu tiust for the separate use of the
wife with full power in her te dispose of
the same in her life time by sale or gilt,
aud after her death by a will in writing, or
any writing in the nature of a last will and
testament. Such is the eidinary form of
sueh powers in marriage settlements. If
the complainant was willing the ceuit
might decree simply that the husband
himself should execute a declaration of
trust te the same effect. Nothing is bet
ter settled than that a court of equity iu
decreeing the specific performance of mar
riage articles will make such a decree as
will give full effect te the intention of the
parties without regaid te the legal con
stiuctieu of the words iu them. Tims if
by the words according te their legal con cen con
stiuctieu, a fee tail would be vested iu the
parties or either of them, a strict settle
ment will be decreed te the husband or
husband and wife for life with remainder
te the children of the marriage, success
ively in tail, acceidiug te the most ap
proved form of deeds of man 1 ige settle
ments. (2 Story Eq. Jur. Sect. 'JS-i and
authorities there cited.) New, if we are te
consider as having actually been done what
a chancellor would have decreed te be done,
then wc have at the time of the execution
of the paper of Februarys. 1S76, either a
conveyance te a trustee or a declaration
executed by the husband te the same ef
fect. Surely then under such a declara
tion or deed of settlement tliis paper,
though ineffectual as a will under tin
statute, was still a writing in the nature of
a last will and testament, a clause intro
duced into such powers for the very pur
pose of providing against mere technical
objections which would prevent the iu iu
stiumcutfiem being admitted te piebatc
as a will. It was a disposition of pi op-: ty
te take effect at death if net revoked by
the paity during life. That is a writing
in the nature of a last will and testa
ment. This pajicr was se intended be
yond all question. It was executed
under and in pursuance of the con
tract en the eve of the mauiage in
deed it might almost be said te have been
in the consideration of equity cotempora cetempora cotempera
neous with the ceremony executed for
the express purpose with the knowledge
and consent of Jehn A. Mullen of having
just the effect here stated. It makes a
most liberal prevision for him and upon
every principle of equitable esteppel his
mouth ought te be shut from iutci posing
en objection te its full enforcement.
The case tee is equally within the second
principle of equity adverted te: a paper
executed by a person who had a perfect
legal right te dispose of her prepeity, and
intended te de se, but by a plain nu.stukc
of the scriveners it was drawn in the form
of a will when it ought te have been a
deed or declaration of trust. Surely it
must he in the power of a court of equity
in this commonwealth te correct se gross
and palpable a mistake te reform the
instrument and decree it te be such as it
ought te have been se as effectually te
cairy out the intention of the parties.
Decree reversed ami record remitted te
the orphans' ceuit of Lancaster county,
that distribution may be there made accord
ing te the principle of this opinion the
costs of this appeal te be paid by the es
tate. . Kanread Accident.
This morning about 8 o'clock Xcal Gal
lagher, an employee of the Pennsylvania
railroad company, while engaged at work
with a steam stone breaker near Valley
Creek, bridge was struck by engine Xe.
287 and very seriously injured. Dr.
Hoopes, of Downingtown, attended him.
sjfU
i.fie.etr.'ssi
.--.
asCSJ, -2L 'ViL
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