r iseco,8p,bt- ! THE PIT
TSBURG DISPATCH.
" PAGES 9 TO 12.
PITTSBURG, SATTJEDAT, NOVEMBER 16, 1889.
7AK
Hi
t
"
SEES IIMISTS.
A Picture of Pittsburg in Her
"Wet Weather Costume.
PATAGONIA IN THE TOWEB,
Admiring the City From Above Her
Beautiful Temple of Justice.
SHADINGS IN GRAY TO REMEMBER.
Ihe City Hall Tower the Farthest Object
Discernible in Fogs.
THE PEN AND PENCIL WORK TOGETHEB
AID Don Pedro Aloczo
de Alcantara, the Pan
American delegate from
Patagonia (which conn
try, yon will remember,
-wasn't represented here at
" all last -week), to the com
plaisant Pittsburjr news
paper man: "J. pray yon,
let ns ascend to the sum-
' mitof yonr Court House
tower, and, from that lofty
: standpoint, gaze upon the
: City of Iron!"
"It rains," pleaded the
"newspaper man: "tne
Sw- streets are uncomfortably
muddy and the general aspect of things is
distinctly disagreeable. The street
cars are crowded with dripping loads;
every coign of vantage has been
taken advantage of by shoals of
shivering -wayfarers. Wherefore, Senor de
Alcantara, I -would humbly ask permission
to insinuate that the day is somewhat un
propitious for the ascent of Pittsburg's
Court House tower."
"I am not to be deterred by a little rain,"
replied the representative from Patagonia.
"I have but another day to spend in Pitts
burg; I don't -want to see any more ma-
Gating Upon the Cheeriest Grays.
ehinery, and I am desirous of getting up an
appetite for my usual evening banquet.
Let us, therefore, set out for the tower."
Farther objections were useless; so, don
ning every available -wrap, the Patagonlan
and the Pittsburger sallied forth, and pres
ently arrived in the Court House.
IT "WAS AIT OPEN SESAME.
The Patagonian emissary's badge insured
us instant admission to the tower stairs, and
we -were soon tramping laboriously up the
steps. The Southern -was puffing hotly as he
trudged upward. "This is what I
meant," he panted, "by getting up an
appetite!"
Poor Patagonian! I am sure he -was not
sorry -when we reached the topmost step and
found ourselves at our journey's end.
The-Senor stepped into the airy chamber,
-which was now, alas! a watery chamber.
too. His shoes -were deep in a miniature
Lake Michigan of rainwater, while the
slave of the pencil paddled discontentedly
in a rippling Superior some five feet away.
Por a few moments neither removed his
gaze from the floor. They were searching,
like Noah's dove, for some dry spot to stand
on; and presently they discovered it, in a
long plank which some workmen had placed
by the windows. Then they began to look
about them. Through the western -window
there was little in truth to be seen. Mist
and rain were everywhere; up in the arch
of heaven; along the dim horizon; among
the spires and chimney tops; in the very
tower itself.
The Senor sneezed, and grimly smiled the
newspaper man. "Well, Senor de Alcan
tara," he asked, "how do you like the
view?"
The Senor bit his lip and stifled aBecond
sneeze. "It is glorious!" he cried. "Be-
If.
"
13
gjSyy Ax-afc
mwtB
mM H! H 1m I
rsn, 1
N' i S
. ' ' City Ball Tower. Through the Steam and Mists.
hold the exquisite blending of grays in the
picture now before ns! who would have
thought that there were so many different
grays?"
THE BLUE AKD THE GRAT.
"I think the whole prospect looks ex
cessively bine!" growled the newspaper
man.
"That arises from your Yankee preju
dice," said the Patagonian, loftily. "If I
have read yonr history aright you North
erners never did admire grays. But look at
the many other points of interest in the pic
ture. Down below us we can see a confused
mass of houses, red brick for the most part;
among them your tall Dispatch building
and many other structures.
''See how all this, warn red disappears
slowly, imperceptibly vanishing into the
gray, which, swallowing it up, grows
darker and denser, until it becomes aD im
penetrable veil, like that of Mokannah of
Khorassin, not to be lifted by mortal hands.
Note also how the restless mist wavers and
changes like the surface of some mighty
like, billowing over the shrines of an en
quired city 1"
"wleh to fceavegrl. had-ftronjjM.-mjua;J
brella!" ejaculated the newspaper man;
"this beastly rain is coming right into the
tower."
"Yes 1" cried the senor, "the soft rain
falls alike upon the just and the unjust,
and kisses all things with a lingering kiss.
It is playing its pleasant pranks down there
among the chimney tops.
SEE HOW IT WRESTLES GAILY
with the white smoke-cloud that carls from
The Dispatch building yonder. Now
the mist is the victor; cow the smoke
pushes its way to the northward; now again
the wind veers, and nature triumphs over
The Monongahela and the JlilU Beyond, at
Seen From the South Window.
art. The smoke is driven back, flnttering
and struggling, in a long serrated line,
toward the distant river. Just like a great
white phantom, is it not?"
"Or an Irish banshee," suggested the
newspaper man; "and hark I There goes
her screech!"
At that moment came the wild whistle of
a river steamer weird and sngcestive of
the spirit -world sounding shrilly through
the bank of mist.
"Ahl"cried the senor, "you are beginning
to be appreciated, my good Philistine! Is
not that your City Hall down there -where
the gloom is deepest? I thought as much.
Over in the murky waves is Allegheny, I
suppose; but we cannot see the 'City of
Parks' just now. We cannot even see its
riverl Let us turn to another window."
Turn they did, accordingly, but in that
direction the rain was heavier still, and it
blew in their faces with anything but a
gentle kiss.
"Did you ever have rheumatic fever,
senor?" asked the newspaper man, but the
Patagonian utterly ignored the observation.
He -was already, "like the citr. deep in the
mist. "Over the cold gray veil," he said,
"flash white puffs of smoke. They are the
'white caps' of this a:rial sea. -Below us.
oiouuiuj uxi ticanj auinst roe neeting
clouds, rise the dark twin towers of the
Cathedral. Grant street and Wylie avenue
brown pf roadway, and red of sidewalk
stretch AWAY INTO VAGUENESS.
"You cannot accurately discern the point
at which they become buried in mist, they
fade so gradually. We strain our eves to
follow their course; but it is beyond our
ken. Other spires rise here and there, up
liltipg the cross, against the demons of the
air, unmindful of the showers He hurls
upon them. Heavily laden wagons crawl
along the slippery streets, and the legions
of umbrellas look like bees a-swarming
idown at the crowded corners. And over
all dominate the glorious eravs worthy to
fAf .. -T-l. - i," .H-.
live upon me canvas 01 a vrnistier!
"I envy the man who can admire the
shadings of a leaden colored cloud, in the
middle of a rain storm!" observed the news
paper man.
"There is a certain amount of beauty in
everything," cried the senor; "and, if man
doesn't search for it, and find it, so much
the worse for himself. Now for the east
window.
The newspaper man tnmed -with alacrity.
The -wind was not blowing through the east
window; but the fog seemed to be heavier
here than in any other direction. Close be
low, however, the Court House buildings
could be seen distinctly. The bright red of
the roofs was comforting to the eye, after so
much somber coloring, and both the senor
and his cicerone gazed gratefully upon it.
"It is an oasis in the desert!" said the
newspaper man.
"A red oasis, qnotha?" exclaimed De
Alcantara, contemptuously. "What an
anomalj I Is it not curious, my friend, that,
under all that mist, people are living warm
and happy; living in luxury beneath the
slimy waves of that sea of mist?"
"I wish I was well under it." the news
paper man grumbled; "even at the risk of
being considered curious."
THE BEST MISTY VIEW OP ALL.
Tacitly they moved toward the southern
window. The weather had even begun to
damp the Bpirits of the volatile senor. He
made a last effort, however, and became
enthusiastic over the southern view.
"The roots shine in the rain," he said.
"How powerful Is this sun, which can pierce
through such a fog as this! Look where
that darker Etreak winds across the gray!
That is the brown Monongahela, is it not?"
"Yes," replied the other, "and it is funny
that it looks so far away. Why, on a clear
day, you can see it quite close. It then
looks as though you could almost jump into
it from this tower. In fact, this is a much
plcasanter place on a fine day. You should
see all the lovers that come up here then
whole shoals of Bomeos and Juliets."
EASILY IMAGINED.
"I can imagine it," said the Senor; "but
now I would we could see Mount Washing
ton; but that is impossible. Thither the
smoke-wreaths are hieing, sheeted specters
ghostly hands, hastening to the shores of the
broad.'brown stream. Are they the spirits of
tbose wno are aying arounu us on every side
floating away through the clouds, to cross
that dismal Styx, which is darker far than
any river we wotof here? It is a quaint
conceit, to give life to these poor wreaths,
which, after all, are but the ghosts of the
coal which men are burning. But this is so
place to moralize. It is about time to de
scend." "I should think it was quite time." said
the newspaper man; "I am extremely glad
that there are but four windows to the
towerl"
De Alcantara cnrled his lip, the true Cas
tilian arch, and took a last long look at the
fog-wrapt city.
''Pittsburg of the mists.' he cried, "fare
the welU"',Ihave seen thee in the sunlight;
I have seen thee in the gaslight: but, be
lieve me, I like thee best as I see thee now!"
Sosaying, he drew bis cloak about him
and followed the newspaper man, who was
already halfway down the stairs.
Been an.
C"W. A. HOY'S description of a
new mission started In New York
by girl graduates is a feature of to-
jnorxowia DISFATO&
THERE IS W ESCAPE.
Corporations and Others Must Dis
close Personal Property.
ASSESSORS AND COMMISSIONERS
Are on Top and Supported by a Decision of
the Supreme Court,
AND SAYINGS BANKS ABE NOT EXEMPT
Further inquiry was made yesterday re
garding the case of the firms who claim ex
emption from reporof personal property to
the assessors claiming the right to report
directly to the Auditor Oeneral. County
Solicitor Geyer stated that the assessment
would be made without further preliminaries,
and that in case it became necessary the
Commissioners would be compelled to add
the 50 per cent penalty under the plain pro
visions of the law. County Commis
sioner Mercer was not inclined to
say much about the matter, but he
did say that there appeared to be no doubt
as to the duty of the Commissioners in the
case and that was in cases of refusal the as
sessor must go on the best date he could
find and the Commissioners add the penalty.
He referred the reporter to Law Librarian
Digby.
The Attorney General says the Dollar
Savings Bank is subject to the tax, and
further, that attorneys tor savings banks,
one of them identical in its powers, fran
chises, etc., with the Dollar Savings Bank,
appeared before the Legislative Committee
when the bill was pending and argued
against it, and that these attorneys all con
tended that it wonld affect savings banks, as
the Commissioners here hold.
JUSTICE SIEBBETT'S BTLTNO. ,
Mr. Digby found the appeal of Charles
P. Van Nort. a tax collector of Lackawanna
county, which covers the case absolutely.
The case is reported in the twenty-second
volume of "Weekly Notes of Cases," Jo
seph J, Albright complainant The opinion
was rendered by Sterrett last year. The
gist of the decision is that complainant,
having refused to make the return re
quired by the supplement of 1885,
it was the duty of the assessor
to make it for him. He paid no attention
to the notice of assessment and day of ap
peal, and persistently refused to make the
return demanded. With all his stubborn
ness Albright excited sympathy, as his
blunder cost him over $3,000 in addition to
court costs, and he was not acting for himself,
but as a trustee.
The Judcre says: "As was said in Pix's
appeal (112 Pa. 337), it was intended (by
the act), to compel each taxpayer to dis
close to the assessor the lull extent
of his personal estate, and to avoid
the unequal burdens which had been laid
upon the shoulders of some persons by the
neglect of others to return the full amount
of their property. No legal objection can be
made to this.
BIGHTS OP THE STATE.
"If the State has a right to tax moneys at
interest in the hands of her citizens, and
this cannot be denied, shehas a right to
know to what extent each citizen holds such
property. Partner," he says, "she has the
right to punish by assessing the penalty.
Persons who neglect or refuse to make re
turn are, by their own act, in default, and
caught in 'a prima facie attempt to avoid
their share of the publio burden. The ap
peal to the Commissioners is in general an
ample remedy.
"All the cases assert the doctrine that when
the general power to assess exists, the proper
remedy for llleeal taxation ia b v. anneal to
-inoser 10 wnom tne appeal is required to be
taken, and if none be given, neither the
Common Pleas nor this Court, can revise
the judgment of the tax officers. Indeed it
would be a most ruinous consequence, if,
just when the collector comes around with
his warrant to demand taxes assessed
in due form of law by those having
the general power to tax, a court of
equity could interfere by injunction. It
will not do to permit the collection pf taxes
to be interfered with by such persons unless
in the clearest cases of want of jurisdiction
in the assessing and collecting officers. De
cree reversed, injunction dissolved and
costs of appeal put on appellee."
As Judge Sterrett cites over 100 cases in
support, it is to be supposed that the gen
eral practice and doctrine will make it risky
to dodge, if assessors are conscientious.
J1 T- , m. '''Vi . T
A F0SSILIFEE0U3 KUM0B.
The Story of tbe Pennsy Invading Fifth
Avenne Up Agnln.
The old rumor about the Pennsylvania
Bailroad buying Pifth avenue property on
which to erect a passenger station, is again
making its rounds. The rumor, when it
bobbed up yesterday afternoon, brought
with it' an elaborate scheme of elevated
tracks, change of grade, and various radi
cal departures from the present state of
affairs.
The story also mentioned the property
that the road proposed buying. It is the
S plane property, corner of Pifth'a venue and
Smithfield street, and the Penny property
adjoining is also mentioned. The story is
very complete, and it really is a pity that
there is no truth in it. That such is the
case, however, will be perceived on reading
Assistant Superintendent Trump's remarks
on the subject. Mr. Trump said:
"This thing comes up so regularly that
we have begun to look for it at this season
of the year. There is, so far as I know, not
a word of truth in the story. Moreover, I
do not think that the Pennsylvania Bail
road will ever build a station nearer the
center of the town than we now are. The
growth of the city naturally tends this way,
and our present station is becoming more
central every day."
"As to the elevated track part of the
thing, some one's imagination has run
riot."
This will quiet the rumor for a time, but
it will undoubtedly come up again, and pro
bably with the same amount of truth.
T7A5TED TO SPILL G0KE.
Tiro Belligerent Italians Who Were Armed
to the Teeth.
Two Italians, Steven Julian and Toney
Calbria, engaged in a drunken quarrel on
Eleventh street shortly after noon yesterday,
Julian drew a revolver and Calbria pulled
out a long knife. There wonld soon have
been old Boman gore on the sidewalk had
not Officer Mulvehill been at hand and ar
rested the belligerents. Julian is 24 years
old and lives at No. 27 High street. Calbria
could not speak English and his residence
was not learned. He is 40 years
old. A knife and a razor were taken
frOm him. Julian's mother visited thn
Central station and tried to coax the officers
to release her son. She said he was "only
a little boy and wouldn't hurt anybody."
AN INHUMAN M0THEK.
An 11-Vear-OId Child a Mass or WMta and
Brnlsei.
EvaDoppman, a German child 11 years
old, was yesterday taken from the care' of
her mother by Humane Agent O'Brien.
The mother lives in the rear of No. 185
Ohio street, and the little girl was found in
an outhouse, where she had slept all night.
Mr. O'Brien says that the child has been
shamefully abused, and tlmt her body is al
most covered with welts and bruises,
caused by severe beatings. An information
against the mother, charging her with
cruelty and neglect of her child, was made
'- I cruelty auu neglect oi ner cniio, wai
j2lijeforeXMjprAJousofAHeghenr.
ANOTuEfiNEWCmJECH.
The United Presbyterians of Allentown Oat
With Now Plans.
Allentown will soon have another beauti
ful new church to add to its many neat
buildings. The church is being built by
the United Presbyterians, who now meet in
a ball with Bev. Marshall as a supply for
the coming quarter. It is located on Lillian
street, at the head of Alien avenue. The
accompanying picture gives a view of the
front elevation.
8
What the New Plans Look Like.
It will be a frame structure of a neat style
of architecture. The auditorium will be
32x12 feet and have a seating capacity of
200. It will be seated in amphitheater
style. The seats will be finished in hard
oak. The ceiling will be beautifully arched
and frescoed in the latest patterns. A lec
ture room 32x32 feet, and two classrooms,
each 12x14 feet, by means of sliding doors,
can be made to increase the seating capacity
of the auditorium to 400. Again, the two
class rooms can be joined into the lecture
room.
In the basements kitchen will be fitted
up for use during lestivals, etc. The heat
ing and ventilating apparatus will be ol the
most improved make. The roof will be of
slate, and the windows of cathedral stained
glass. The structure will cost about 56,000,
and will be finished in January.
o. x. Dicuiarren prepared the designs,
Caldwell &Kaufmann are the contractors,
BETTER FIKE PK0TE0TI0N
Promised Allentown, Mt. Washington and
Other Hill Points.
The ordinance for the purchase of grounds
in the Thirty-second and Thirty-fifth wards
for fire engine houses has been affirmatively
recommended to Councils and will probably
soon be passed. The ordinance for the
Thirty-first ward has already gone through
Councils. It now begins to look as though
the hill districts were about to have their
hopes of fire protection realized. However,
they will have to wait a year or so after the
grounds are bought before the city will
make the appropriations necessary to
build tbe engine houses. At least the
ground will be ready, and all that is neces
sary is the' same persistency in getting the
appropriation that has been evinced in the
matter so far.
The encine promised for the Thirlv-first
ward will furnish protection to the Thirty
first, Twenty-seventh and part of the Thir
tieth wards. In the Thirty-first ward alone
there are between 900 and 1.000 registered
voters, making their claim for better fire
protection one that Councils cannot
disregard. No. 2 Engine Company
has come up the Brownsville road at differ
ent times; but it is a hard pull, and, in time
of a large fire, time would be lost that might
result in great destruction.
With Mt. Washington and Duquesne
Heights jt is different They depend almost
wholly oa the-incUaesand ltis,oalr-s;won
der that they have escaped fire so far as
well as they have. The residents in the wards
named say they will watch movements in
regard to the engine houses, and sot be
fooled out of their protection by unnecessary
delay.
HO FLIES ON BEADD0CK.
A Complete municipal Mannlon to be Erected
There Thli Season.
Braddock borough isn't making calcu
lations on being taken into Pittsburg. j The
people there have decided that they want a
town hall, and from present appearances
they are going to have it ere long; and just
now the thief of time is on aback seat. A
site has been purchased for 510,000, and a
building to cost 15.000 to $20,000 has been
planned by a considerable nnmber of archi
tects, plans having been submitted by some
of the best architects in the city. At last
advices a choice had not been made but was
about to be.
The building is to be of brick and stone
and is to be 60x80 feet on the ground and
three stories high. It is the intention to
house all borough officials in it and also the
fire department, police station, etc; put a
tower on it and a clock in the tower, in
short to make it a structure worthy of one
of the liveliest towns in Western Pennsyl
vania. M. E. QDAETEELI CONFERENCE.
One Was Held at tho Walton Church Last
Monday Ernnlne.
The Quarterly Conference of tho Walton
M. E. Church met for the transaction of
business last Monday evening. The report
of the pastor, Bev. B. B. Wilburn, shows
the church to be in a flourishing condition.
The congregations are large and growing.
Forty-four new members have been added
to the roll during the quarter. The Sunday
school numbers over 400 scholars, and is ef
ficiently manned by an able corps of teach
ers. The Finance Committee reported their de
partment in excellent condition and an in
crease of $100 on the pastor's salary. An
excellent feature nf the social and religions
work of the church is a meeting held in the
lecture room or parlors of the church every
evening of the week, making it a church
home for all who seek moral and religious
association. .
BTJEGLAEIES IN MASSFIELD.
A Hard Winter Coming: and Thieves Steal
Clutblnit Accordlaely.
Burglars have, for over a week, been op
erating in Mansfield, on the Panhandle.
Yesterday Inspector McAleese was visited
by J. J. Joyce and J. J. Smith, of that
town, who reported that burglars had en
tered their stores last Monday night and
stolen a large quantity of clothing and flan
nel. Patrolmen in this city have been di
rected to watch for suspicious characters.
This is the season when thieves are special
ly active in the saburbs and country towns,
Not to Rrject Them.
Councilman William Bader made a mo
tion at the last meeting of Allegheny Coun
cils requesting the reinstatement of uniou
painters nt the greenhouse. Through an
error it appeared that his motion was to re
ject tbem. This is not true, and the correc
tion is gladly made.
Another Ballot Necessary.
Secretary George L. Cake, o.f the Window
Glass Workers' Association, stated yester
day that the voting sheets for the second
ballot for the election of a successor to
President Campbell' would not be sent out
until next week.
tJ-HT COUNTRY HOUSE and
how to build one like it for little
money, is the subject of B. W.
ohoppeu's artiole in to-morrows
PATOB.
- - - ijs
DUTIES OF 'SQUIRES.
Judge White Tells the Jury What a
Conspiracy is in Law(
SUITS FOR 'MONEY ARE ILLEGAL.
The Doughty, Maneese and Callen Case3 in
the Hands of the Jury.,
THE BIJOU WANTS 2,000 IN DAMAGES
The conspiracy cases against Aldermen
Maneese, Callen ' and Doughty were con
tinued in Criminal Court yesterday. Alder
man Maneese was called and stated that he
had no alterations tbmake in his testimony
given in the Bander case. A number of
witnesses among them Clerk of Courts
McGunnegle and Leon J. Long testified
to the previons good character of Alderman
Maneese.
Alderman Callen then testified in his own
behalf, and stated that although a number
of suits had been brought belore him by the
isauaer agency, yet he had never entered
into an agreement with Bander or anybody
else, wherein the costs were to be divided.
Mrs. Davis did not give him a dollar, but
left 25 cents with which to treat the boys.
Witness never signed a blank warrant, but
always filled tbem out.
The nrevlons trood character of Alderman
Callen was admitted by tbe prosecution, there
fore no witnesses were called. Tbe arguments
were then taken up. Mr. Marshall 'argued on
behalf ot Doyle, and stated tbat having been
convicted once he could not again be convicted
ot the same offense. Messrs. Keenan and
Beardon argued lor Aldermen Callen and
Maneese.
The points of their argument were that no
conspiracy bad been entered into with the
Binder agency or anybody else. W. D. Moore,
Esq., pleaded for Alderman Doughty. He
classed tbe Indictment by tbe grand jnry as a
stnpld, senseless Indictment, and one tbat
should have been quashed for general stupid
ity. Mr. Moore argued thitno evidence had
been produced to show that the Sander gang
had ever entered a. suit before Alderman
Doughty. On the other hand, ho produced tbe
testimony of the Commonwealth to show that
no buks were ever enterea, ana mersiore ne
could not be fonnd guilty of conspiracy.
Clarence Burleigh, Esq., closed tbe case for
the prosecution, and made a masterly argument
in which he severely scorched the defendants,
whom he classified as a band of thieves who
preyed upon the -widow and orphan, and their
crime was infinitely greater than tbat ot the
Bauder agency. The? were called tbe worst
gang that ever infested Allegheny county.
TUB JUDGE EEBUKED HIM.
Baring Mr. Burleigh's address he was fre
quently interrupted by Mr. Keenan. Judge
white finally-became angry, and insisted tbat
unless tbe gentleman would keep quiet be
would place him in the hands of a tipstaff, re
marking at the samo time that they were in a
conrt of justice, and not in an Alderman's
office.
Judge White then began his charge,conflning'
uimseii Bincuy to tne law. no saiu a conspir
acy Is a combination or agreement of two or
more persons for tbe accomplishment of an un
lawful purpose, or for the accomplishment of a
lawful purpose by unlawful means. It is not
necessary that there should have been a defi
nite and specific agreement at the beginning or
any common consultation on the subject. If
tho general purpose was understood, that is
sufficient. All who take part in the further
ance of the common purpose are conspirators.
xi iwu or more conspire xor an umawim pur
pose and are engaged in carrying it ont, all who
subsequently unite with them in furthering
the unlawful purpose become conspirators the
same as If they bad been in it originally, and
this Is trne although such subsequent parties
had no actual knowledge of the original con
spiracy If the circumstances were such as
plainly to indicate tbe unlawful purpose.
The conspiracy charged In this easels sub
stantially this: Tbat the defendants conspired
and acted together in instituting civil suits for
penalties and prosecutions for criminal of
fenses, not for tbe pnrposo of bringing offend
ers to 1astice.bat solely for the purpose of
making money and costs by illegally compro
mising orBettling-the cases- The evidence on
part of the Commonwealth points to several
illegal acts of some of the defendants, at least,
in furtherance of this unlawful purpose.
They may be classed under five heads, viz:
First, settling a civil suit for the penalty of 250,
under tbe act of 1855 for less than 50; second,
settling the civil suit for the penalty and drop
ping or abandoning the criminal prosecution
for selling without a license; third, settling or
dropping the criminal prosecution because of
money or costs received;, fourth, compelling
parties not guilty to pay costs to stop the pros
ecutions; firtb, commencing prosecutions for
some criminal offense fortbepurpose of fright
ening suspected parties into paying money or
costs 10 ayoio. a lawsuit.
If two or more of the defendants were en
gaged in carrying out all or any one of these
objects they were engaged in an unlawful
business, and it acting in concert, were con
spirators. It is not necessary that each con
spirator should personally know all the other
conspirators, or should have had any consulta
tions or concerted action with all the others.
If three or more are in a conspiracy to carry on
AX THLAWnn, BUSINESS,
and another knowingly unites with one of
them in furthering the unlawful acts within
the purpose of the conspiracy, he thereby be
comes a co conspirator, although he may not
know of others being in tbe conspiraoy.
Three of tbe defendants. Bander, Doyle and
Dougherty, as bas appeared during thU trial,
were recently fonnd guilty by a jury, bnt have
not yet been sentenced. Tbat verdict Is not
conclusive in this case. You must find a ver
dict as to them upon the evidence before yon.
But if found guilty it is not likelv they will be
sentenced twice for the same offense. Three
of the defendants are Aldermen, before whom
many of the informations were made. As to
them the question Is. are they parties to the
conspiracy? This leads us to consider the du
ties ot Aldermen in such cases.
A magistrate shonld not take an information
for a criminal offonse without inquiring into
the facts of the case, and being satisfied there
is reasonable ground for tbe prosecution. It is
his duty to keep a regular docket In which
shall be entered every suit commenced, or in
formation made before him, with a full and
complete record of all proceedings In tbe case,
and the final disposition thereof, with all costs
charged or paid in thn same, and also any fine
Imposed or paid, if any. and tbe names of all
witnesses examined. It is also the dnty ot tbe
magistrate to proceed without delay to the
hearing and final disposition of every case.
The constable or officer having a warrant, pro
cess or subpoena to serve shonld serve
tbe same without delay, and make
return thereof immediately to the magistrate
with bis return indorsed thereon. If the con
stable or officer fail to make return in a rea
sonable time it is the duty of tbe magistrate to
require him to make return, and in defanlt
thereof to issne an alias warrant, process or
subpoena and place it In the hands of another
officer who will execute it.
If tbe magistrate is satisfied the accused is
guilty of an indictable offense, unless for a very
trifling offense, or in a class of offenses pro
vided for In the act of Assembly, he acts im
properly, and does wrong to dismiss
the case or permit it to be
settled on payment of costs. Much more is it
improper and even criminal for him to permit
a prosecutor to drop or settle a case when he
has reasonable ground for believing money bas
been, or is to be, paid to the prosecutor.
THE ItAW IAID DOWX.
When a prosecutor fails to appear at the
hearing or neglects to proseoute, it is pre
sumptive evidence the prosecution ia frivolous,
or was instituted for improper purposes. This
presumption is greatly strengthened if the
prosecutor is tbe officer for serving the war
rant and subpoena. Tbe settlement of such a
case without a bearing or the defendant ap
pearing, or upon shown evidence, is conclusive
evidence of a corrupt motive."
When there is a criminal prosecution for
selling liquor without a license, and also a
civil suit for tbe penalty for selling on Sunday,
if the civil suit is settled by tbe payment of tbe
penalty and costs and the criminal prosecution
dropped, the inference Is irresistible tbat tbe
grosecutor was influenced by corrupt motives,
o also when tbe civil suit Is settled for less
than tbe full penalty. And a magistrate who
knowingly permits such settlement of cases
before him is a party to the wrong
ful illegal act. If any alderman or
magistrate acts honestly and in good faith,
but commits a wrong, either through a mistake
as to his duty or a mistake as to tbe law, hels
not to be held criminally responsible. Bnt If,
from tbe frequency of prosecutions and other
circumstances, he has good reason to believe
the prosecutions are instituted for improper
purposes, and the prosecutor is simply seeking
personal gain, he should not only refuse to aid
tho prosecutor in his unlawful purpose, but
should resolutely refuse and expose him. And
if the circumstances are such that tbe jury may
reasonably find tbat tbe magistrate knew or
believed tbe prosecutor was acting corruptly
and illegally, and be permits or connives at such
acts, be is as criminally guilty as the prosecu
tor. At the conclusion of tbe charge the jnry-ro-
&iJbti,Th2zvKe lot eratfftat IT tbe; mobe. i
a conclusion anytime before this morning, they
could return a sealed verdict, to be presented
at tho opening of court.
A BROKEN CONTRACT.
The Bijou Wants 83,080 Dnmneei From
Iho Bran Monkey People.
B. M. Galfck A Co., managers of tha Bijou
Theater, yesterday entered suit against'Hoyt
& Thomas, managers of the company playing
"A Brass Monkey," to recover ROOO, It was
alleged that Hoyt & Thomas bad violated their
contract agreeing to produce the play at the
Bijou Theater from December 21 to December
29.1888.
Shortly before the dates fixed they notified
tho plaintiffs that thev would not appear.
There was no just cause for the violation of
the contract and Gulick & Co. claim that they
were put to a great expense sesnring and ad
vertising anottier play, ana also tbat tbs re
ceipts were not as largo as they otherwise
would have been.
To bo Argued Again.
The matter of the incorporation of the
borough of Edgewood Is on the way to the Su
preme Court for a second time. The incorpo
ration was objected to by Braddock township,
from which the borough was formed, and the
school district and supervisors of the township.
The case was taken on a certiorari to tbe Su
preme Court, and at tbe recent sessfon the
proceedings of the lower court were affirmed.
Yesterday the contestants again went Into the
Quarter Sessions Court and asked that the
whole record be certified to the Supreme Court
for an appeal. This will bring the whole case
before toe Supreme Court for a more thor
ough review than the previous one.
IS J3E INSANE?
John A. Miller Borrowed riraall Bnraa
and
Forgot to Far Them.
The ejectment suit of the heirs of John A
Miller against John F. Bivers to recover a lot
on Forty-fifth street, Seventeenth ward, is still
on vtnal before Judge Ewing. It is alleged
that John A. Miller, who conveyed the deed to
Bivers, was Insane and incompetent to make a
deed, and that he was imposed on and only re
ceived $1 for the lot. One of the witnesses, In
testifying as to Miller's characteristics, said he
thought he was mentally impaired, because he
would borrow small sums of money and forget
to repay them. This assertion occasioned
considerable laughter.
In Honor of W. S. Wilson".
The Minute Book of the Criminal Court was
inscribed yesterday with an excellent pen pict
ure of Justice, bowed In sorrow over a tomb.
It was in memoriam of the late Wlnfleld S.
Wilson, Esq., who died on Wednesday. Tbe
picture was very fine, and was executed by
Clerk Long.
To-day' Trial Lists.
Criminal Court Commonwealth vs Andrew
M.Tennont.RobertEudoIph, Mrs. E. Rudolph.
George W. Smith, Fannie Pillows, Samuel
Maxwell. ,
Work of" Lawyer.
MicnAEi. Buss was acquitted of assault
and battery on William Thompson.
Thomas M.Mahkle. for false pretenses,
was released from jail, having furnished bail
for his trial.
Ik the Criminal Conrt yesterday Albertina
Wilson, the Allegheny girl who bad pleaded
guilty to concealing the death of her child, was
called up for sentence. As the girl bas secured
a good home with a respectable family she was
allowed to go an payment of costs. I
0'DONOYAN EOSSa'S SEW CULT.
Pittsburg Irishmen Take no Stock Is Incen
diary Movements.
Pittsburg Irishmen take no stock in the
new society organized in New Yorklby
O'Donovau Bossa, and christened the
'United Irishmen." It is a revolutionary
organization,and Bossa has-announced that,
at the meetings held in Hew York lasfweek
to form the societv, there were present Irish
men from Pittsburg and numerous other
cities further Bast
Mr, Cornelia Sorgan, who is a represen
tative man in Irish movements in this city
and a prominent member of the Ancient
Order of Hibernians, said yesterday:
"I do-not believe that a single Irishman
from Pittsburg attended Bossa's meeting.
Ihe Irishmen of this city have too much
sense to take any stock in Bossa or his
movements. We believe in constitutional
measures, in supporting the policy of
Charles Stewart Parnell, and are opposed to
murder and dynamite. Bossa never did
and never will do anything to advance the
Irish cause. He has been an injury to it.
The announcement of his new society and.
his manifesto are read by tbe Irishmen ot
this city and thrown aside without any
further attention. His wild schemes will
not find any support here. Bossa has only
gotten up this new society to call the atten
tion of tne world to the fact that he is still
alive.
"It may be that a few people in this city
sympathize with him, but they are ashamed
to let the better class of Irishmen know it.
I am sure I do not know any of them, but it
is possible that there may be some, who
have more money than they know what to
do with, and they send it to O'Bossa to sup
port him in idleness. He does not deserve
any aid or countenance from those who
have the true interest of Ireland at heart."
IESTEEDAI'3 COAL MUYEMENTS.
Some Black Diamonds Co Downstreaa
Steamboat Movements.
A considerable amount of coal was taken
ont yesterday. The following boats left for
cown the river with large tows: Diamond,
C. Jntte & Co.; Joseph Walton, Joseph
Walton & Co.; Enterprise and Belle Mc-
Gowan, O'Neil & Co.; John Penney, W.
H. Browp Sons; Convoy, Pawcett & Sons;
Tom Dodsworth, S. S. Cramp & Co.; Cres
cent, Crescent Coal Company; Clifton, John
Moren.
The Delta arrived early yesterday morn
ing with a tow of empties, and returned
down the river to assist the Charlie Brown,
which is cominsr up with a large tow. The
packet Scotia arrived from- Cincinnati about
10 A. M., and departed last evening anout a
o'clock with a very large cargo of freight.
The O. W. Batchellor nad so much
freight to load that it did not get away un
til 2 o'clock yesterday afternoon. The Sfc
Lawrence will arrive up this morning and
depart down this evening. Tha packets
havesall the freight they can carry, and the
owners are decidedly, pleased with the
amount of business they are doing. The
Monongahela steamer James 6. Blaine was
not able to go above Dock No. 7 yesterday,
as the water was so high that the boat could
not be locked through.
i UNDER A LEADEN SKI.
Tho Remain of" John H. ShoenbergerBnried
In Allegheny Cemetery.
The Pennsylvania train bearing the re
mains of John H. Sboenberger, the dead
iron master, arrived from Jersey City at 1
o'clock yesterday, and was met at Union
depot by a large concourse of family friends
and members of Trinity Church. The re
mains were accompanied by General JTltz
hugb and Bishop Scarborough, of New
Jersev.
The casket was completely covered with
rare exotics. It was taken in charge by
Undertaker Sampson, and the cortege moved
to Allegheny Cemetery. The following gen
tlemen acted as pallbearers: Judge Ache-i
son, Stephen O. McCandless, Mark-Watson,
G. A. Stiner, Andrew Xiong, B. Bakewell,
Jr.. Colonel S. A. Morgan. . s
There was, contrary to expectation, bo
funeral service at Trinity P. E. Church.
At tbe grave Bishop Scarborough officiated
and read the exquisitely beautiful burial
service according to the ProtestantlEpUcopal
ritual. Dr. Hitchcock, of Buffalo. N. Y.,
formerly rector of Trinity Chareh and
brother-in-law of Mr. Shoeaberjter, was ose
of those present from abroad. TrtaityCkareh
will, remain draped for a Mttol fcthswr of
its MttiM Wf9t ,. .,
NEW BRIDGE IDEAS.
Something Regarding (he History of
Free Toll Movements.
DIFFERENT PLANS 0HCE TEIED.
Tie Hatter Carried Into the Courts bat
Suddenly Dropped. ,
A HL1SS MEETING IS SOW SUGGESTED
The old question of a free bridge for tha
Southside is being again agitated, it ia
hoped by its friends, with more prospect ol
success than attendee the efforts of those
who have heretofore labored in vain to ac
complish the end desired. In this regard
it may be interesting to note what has al
ready been done with a view of giving the
Southside free bridges, and the result oi the
different moves in that direction that the
present agitators may profit by the ex
perience or the past and not go over the
same ground. There is probably no other
man "on the Southside SO fully acquainted
with the bridge question in all its details as
ex-Conncilman Terrence Mnrpby, of the
Twenty-eighth ward. Mr. Murphy has a
book at his home containing clippings from
the papers, which give a fall account of tha
campaign he championed in the interest of
free bridges in 1885-6.
THE XTBSX MOTE MADE.
The subject was first breached In
a letter written by Mr. Murphy to the
Mail Pouch department of The Dispatch.
It appeared October 25, 1885, and reads as
follows:
To the Editor of The Dispatch:
There Is no city in the United States divided
by a river where the citizen has to nav to travel
from one part of tbe city to another except
Pittsburg. In no other would such an imposi
tion be allowed to continue. The city of Cleve
land, at an expense of 83,000,000, built its largo
viaduct, uniting East Cleveland with tbe city
proper. Chicago is cut In two by streams of
water, but all tbe bridges are free. Only in
Pittsburg; which has so large a population of
workingmen, is there tax imposed on
foot passengers- within the city limits.
Parties to secure votes have promised free
bridges. Candidates for city office have asked
votes on a pledge that this wrong would ba
righted. Yet. when the election was over, all
such promises remained unfulfilled. lbelleve
it is possible to compel the Panhandle Brldea
Company to comply with the ordinance of tho
city and put on a footway for free travel. I
also believe that the law will give to tbe citr
of Pittsburg the right to take possession of
and ooen to public travel the footways
of the Tenth street and Smithfield
street bridees by paying a fair price for such
privilege, I am told this Is tho law and I pro.
pose, by tbe aid of all interested in tbe ques
tion, to test it fully in the courts. It is cer
tainlya shame tbat this should continue lon
ger. If th'e city authorities had not been sub
servient to corporation influences, this unjust
?y would long since have been removed.
Terbence Muspbt.
PrrrsBtrBO, October 24, 1S8S.
A FEEE BKIDQE COMMITTEE.
Following this letter, with its promises,
a Pree Bridge Committee was appointed by
Councils to see what could be done in the
matter. In turn an opinion was asked rom
City Solicitor Moreland as to the power of
Councils to compel tbe Pennsylvania Bail
road Company to put a free foot walk over
the Panhandle bridge. The Solicitor de
cided against such action, on the ground
that a section of the ordinance provided for
the acceptance of the terms pythe com
pany, whiohwas never done. He further
said" that the bridge was entirely out of the
hands of the city, and as much private
property as any man's dwelling.
A conference was arranged, to have met
August 28, 1885r to ask the directors of the
several bridges to allow passage free to pe-r
destrlans from BtaT o'clock mornings and
evenings.
COULD GET 2IO QUOBUX.
A quorum of the committee could not be
obtained, and this move fell through, with
nothing but talk as the result
In January, 1886, Mr. Murphy carried
the agitation into the Court oi Quarter Ses
sions, presenting a bill for the condemna
tion of the Smithfield street and other
bridges within tbe city limits. The plan
recited in the bill was that
the Sonihside shonld par $60,000
annually to the Smithfield street
corporation as rental for the bridge. When
Mr. Murphy ran again for Councils be was
defeated, ana nere tne agitation enaea.
THE COST OT ONE BETDOE.
Dr. Hostetter, speaking at tbat time of
tbe Smithfield street bridge, saicTit had cost
$650,000. This company was not the only
one fought; the Point, Tenth street ana all
of the bridges across the Allegheny and
Monongahela rivers have been like bones
of contention at different times.
A prominent resident of the Southside,
speaking of the free bridge question to a
Dispatch reporter, said: "If this talk
would not end in nothing more, I might
have some faith in the move. This idea of
a little blow and bluster to no end does not
help matters. If people wonld bear this
talk in mind when Coundlmen were elected,
and
MAKE IT AN ISSUE,
we should soon see something definite. I
see by an evening paper that one man says
the Bast End has always had the
lion's share in the benefits accru
ing from annexation. In my mind
the Southside is a good deal to blame itself
for this. They don't ask for what they want
and stick to it until they get it like other
portions of the city. Let something definite
be done. Bet a mass meeting be called and
a free bridge committee appointed to stick
to the question until a solution of it i
found."
TEE SOUTHSIDE'S CLAIMS
To the Waihlnctoa'a Birthday Parade-Ss
" be Watched Carefally.
The different lodges of the Jr. O. U. A.
M. on the Southside are looking forward to
Washington's Birthday, with the expecta
tion of having the parade on this side of
the river.
Several members, in conversation with a
Dispatch reporter, said that Pittsburg
and Allegheny could hardly complain of
having the parade on the Southside this
year as the review was in Pittsburg last
year and next year Allegheny will want the
parade there to attend the unveiling the
Washington monument A committee will
soon be appointed to look after the matter.
TO AID THE GREEN LEAGUE.
Tho American Flints Will Give Thesa $1S),
eea for Their FUht.
The different unions of the American
Plint Glass Workers on the Southside met
last Sunday, and in answer to a circular
onm tha.national headauarters voted on the
question of lending the Green Glass League
of the East 110,000, to help them In their
strike, now in progress.
All the unions voted In favor of It and
expressed a willingness to extend farther
aid if necessary.
Will Insaro Haste la Haadl!ss
General Superintendent Taylor, of the
Pennsylvania lines, and Other prominent
railroad officials met in Cleveland and com
pleted arrangements for the more advanta
geous handling of ears for traasfer. By the
new arrangement the delay in switching at
junction points is done away with.
The freightblockade in theBaltimore and -. -,
Ohio vards still continues, it is said to De -,
dae to tbe fact that tfee Pittsburg nd We3?J&l
era, which hauls a great deal of the Balti- ","j
xaere aa unw ireigai, u eeaeMsi w bboutb $j,
power, awl oaaaot remove tae ears as um a
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