'~ 3iJ~ W iA:2lliLiff ~i GI.W.gON PEACOCK. Editor VOLUME XIX.---NO. 212. Al VENM (4.' BULLETIN. FMBLISHIID w;7Enir EV)2MNfi (Except Sunday) at , tie. 329 Chebtnnt Street, Philadelphia, BY THE f. 'ELVENING BULLETIN ASSOCIATION" raornrstOsts. sIESON PEACOCK. I CASPER SOUDEB, In", V, L. b' V, I ERNMtT O WALLACE/S. THOMAS J. NSTrirJA ArSON, The BrritarrrN is served to subscribers In the cit. 8 cents per Week. payable to the carriers, or $1 Oil sm.- "The Exhibition at the Academy - of Fine Arta—North East Gallery. No. 73. "The Skipper," by A. W.Warren A first-rate study of a head, with keen grey .eyes-and weather-beaten cheeks, the ideal of the master of a New Bedford fishing -smack. : The artist is not accustomed to delineating human subjects, and there is faulty drawing in the angle of the jaw—an error shared, for that matter, by the Moses -of Michael Angelo; but the type is quite fresh .and valuable. No. 75, "The'Star in the East," by F. E, +Church. This picture possesses a . depth of -quiet feeling seldom conceded to pure land scape. A lonely Syrian plain is repreSented, -with a quiet lake in the foreground, and in the distance a line of low hills, behind which the first promise Of the dawn is beginning to glimmer; the rest of the heavens are .perfectly • dark and still, except where, in the centre of the profound vault, blazes a great ligi t, the Star of Bethlehein. Its rays - lota cff in the suggestion' of a cross, and as they stream downward across the bar of mountains, one little peak, directly under neath, leaps up as it were to catch the radiance in the direct path of its descent, giving a singular expression of intelligence to the landscape; while a fluttering reflec tion is - kindled in the dark and solitary pool. If Mr. 'Church will paint more pictures in the spirit of this, he will vindi cate the expressiveness of scenic art and lift it to an equality with historical sub jects. Si. "America yriumpharii," by T. P. a.syrnbolic performance, suitable fur a temperance banner, or something of That sort, very carefully painted and very middling. 85. "Monta Morella," by C. C. Coleman, represents some dreary convent-buildings relieved upon an intense blue sky. The object is to insist upon the nakedness and ennui of the monastic system, and the painter has achieved this without losing the necessary picturesqueness of good art. SS and 95. Two nursery subjects, by W. E. C., admirably treated in respect to color and sympathy. The first, called Blue Beard, is a remarkable bit of color, and finished with the utmost art. The tyrant is handing to his wife the fatal key and reliev ing himself of his ominous message; while his bride half sinks before him in a depre catory attitude and holds her lily hand for the mysterious token. On the divan behind her reposes a little dandy of a poodle, his tail gracefully tied with ribbons. The pic ture is very artistic, the color full of easy splendor, and the background particularly meritorious for artistic feeling. In the other picture (which recently sold at a high price) Cinderella and her godmother are watching the pumpkin—Cinderella with childish superstition, and the witch with demoniac authority. So powerful is the old bag's expression that you follow her eyes with your own, and half expect to see mysterious developments from the great golden bubble that swells from the kitchen table. Cinderella is . a charming figure only she exnresses the artistic innocence of the stage rather than the naive innocence of back kitchen's; this is perhaps well - enough as illttstrating the spectacular gorgeousness of the story; she turns her neat toes well out and raises a peculiarly lovely hand and arm with the astonished gesture we often see at the Academy foot lights. 96. "The Spring," by G. B. Wood, Jr.—a ,careful and tasteful bit of painting, evi dently fresh from the fields, but, like all other pictures of the artist, remarkably prosy and unfeeling. Wood paints a tree very conscientiously, he cares for the detail of leaf and branch, brit somehow he does not care for the dryad. 107. "The First Snow," by L. Julliard : a -number of quails, painted with fine anima tion and knowledge, in an endless variety of attitude. This is the most important picture.of its class exhibited, and leaves nothing to desire. The wintry landscape 'behind the figures is well treated. "Sounds from Home," by Edwin Forbes,a reminiscence of winter quarters on the Potomac. Two soldiers are sitting at the door of a`tent, one listening while the other plays Payne's sweet melody on a violin in geniously achieved from a cigar -box. In the distance-lies the camp, with a singular ;study of various chimneys, extemporized with Yankee cunning out of materials at Band. The picture is careful and interest ing, though the manner is hard and the type of face unnecessarily vulgar. No. 110. "Rising Mist--Lake George," by E. D. Lewis, a large, brilliant picture (Lewis all ever), with distant mountains whose prismatic hues straggle through. - wreaths of mist in the' manner this' artist' loves so well. No. 112. " Enjoying the Maternal Misfor tune," by J. John. A group of children, in strong sunny effect, watching an agitated hen who calls frantically after her brood of .ducklings as they escape across the water. The painting exhibits decided progress. No. 116. "Shylock and Jessica," by R. Heber .Reed-7-".Tessiea, these are my keys." There is excellent painting in this Interest' .ing picture, probably the best yet produced Mr. Reed. The figare and drapery of -the Jew are admirable, and the background devised. The face of Jessica is no: e • ; ,Y; 4-7 i r `27 er; "I have no hesitation in saying that these regillations constitute a law which deprives workingmen of the rights which we in this country regard, and which in every well organized community should be regarded, as inestimable, inalienable and indestructi ble, and certainly makes them slaves. The history of this country, and particularly the history of the troubles from which we are just emerging, shows that no society can be organized permanently and remain at peace within its own borders and with the outside world whero these great and important rights are denied to any considerable class of men." Secretary Seward wrote to Minister Bigelow on the 10th of November, saying that the decrees had received the attention of this government, and that if they were carried into execution they would inevita bly operate to reduce to a condition of peon slavery working men of Ult. African race, and, of course, such of the freedmen before mentioned as, with or without their intelli gent consent, may be brought within the jurisdiction of Mexico. The Secretary requested Mr. Bigelow to place a copy of Attorney-General Speed's opinion in the hands of M. Drouyn de L' Buys, and to ask that the attention of the French Government may be directed to the question which the Attorney-General has discussed with ability and with an anxious desire to arrive at a just conclusion. Mr. Bigelow has already furnished a copy of the opinion to the French Government, but no response has yet been received by this government. Ithrther appears from the correspon dence that Mr. Romero, the Mexican Min ister, furnished a copy of the decrees, with appropriate comments,to;Secretary Seward, who, under date of December 10th, informs that gentleman that measures have been adopted which are deemed proper to moot the exigencies which they present. The Committee on Foreign .ffairs now have this subject before them. FORTRESS MONROE, Dec. 20.—The navy steamer De Soto,from Port an Prince on the 30th inst., reports that Gen. Salnave, leader of the revolution, is at Monte Christo, in San Domingo, recruiting his army, and be ing strongly reinforced by deserters from Geffrard. Great excitement prevailed at Port au Prince. Reinforcements were being for warded to Cape Haytien in view of a con templated attack from Salnave. Ge.ffrard has sent a commissioner to the San Domingo Government, requesting the delivery of Salnave. He afterwards offered a reward of $40,000 for his capture, and various sums for the capture of his council. The Haytien university favor the revolu tion against Geffrard. At Cape Haytien there were the British frigate Galatea and corvettes- Fawn and Lilly, the French steamer Luton and Swedish frigade Venadaes, The United States steamer Shamokin was coaling for Brazil. The English fleet was raising the gunboat Voldrogue for Gefftard. They had, removed the machinery ffom the steamer Bull Dog, The British steamer Jamaica, packet, cap tured by the rebel Voldrogue, was really an Englisli vessel, chartered - by Geffrard, and containing. troops and Munitions of war. The .ca plure waa J ustifiable. sufficiently interesting, but her attitude and costume are good, and the picture as a whole -decidedly promising. No. 121. "Coast of Capri," by W.S.Hasel tine. A most superb coast scene, of large size, and in the best manner of this charm ing artist. We cannot pause among so many objects to give the proper prominence to this picture, but commend it to whoever loves the ocean and the shore, and the hea venly light that never was on sea or land, as a noble piece of poetic iinagination and a treasure to any gallery. It was painted during the past few months, as a reminis cence of the artist's summer at Capri. It is more literal than Moran's great studio-pic ture in the south room, it is more poetical than Bradford's clever Labrador Study, No. 113, and shows more power ana' self-posses sion than Boutelle's Nahant, No. 133; these others have all great merit, but Haseltine's has some important qualities which they severally need. It is one of the jewels of the collection. No. 128. "Undine and the Knight," by G. F. Bermell. Decidedly the best performance of the artist hitherto. It is large in size, with the figures prominent and not drowned in accessories as we have known some of Bensell's clever figures to be,and permeated with a strong affection for the romantic. Undine is treated with_ especial tenderness and sweetness. No. 129. "Ruth," by D, R. knight. A ciassical bead, with storms•of black hair, and an intense, poetical look from the eyes. A striking pi4ure. No. 139. "Street Scene in Napps," by E. L. Henry. Mr. Henry has Acquired a capi tal knack in painting these street subjects, which he makes a specialty; in sunny quality, architectural indication, and live masses of people moving al ay in a crowd or pageant, he comes near the efforts of Prot in the same line. The present picture is one of his best. No. 141. "Sideboard, wth Fruit," by Rondel. Rather too large a d careless, but a good study of still life. A fruit piece is worthless without there is a strong feeling for texture, a*d.'.all. the exelleut culor in this canvas does not redeeml the lack of that quality, or place it on a level with several smaller yet better fruit• subjects in the same room. Our Relations with !Mexico A few days ago the House of Representa tives passed a resolution calling fur any in formation in the possession of the Executive Department with reference to a so-called decree by Maximilian, the French Agent in Mexico, under date of September last, esta blishing slavery or peonage in that Republic. It appears from the reply to this resolution, that on the 10th of September, W. H. Cor win, Charge d'Affaires, sent a copy of this decree to Secretary Seward, ,who requested the opinion of Attorney General Speed upon that paper. The latter gave an elaborate response, saying, among other things, that the broad declaration in the first regulation, that—all men of color are free by the fact, alone, of having trod on Mexican territory, it is manifest that in the subsequent regula tions a grinding and odious form of slavery is sought to be established, and he concludes as follows: From Hayti. PHILADELPHIA, THURSDAY, DECEMBER 21, 186 c) GRAND TRIAL OF SEWING MA- CHINES WILLCOX & GLOBS TBIIIMPHAN It is declared the best Machine, and awarded the Highest Premium. [From the Troy Daily Times] The Trial. At the great Union Fair held at Island -Park, between Albany and Troy, Sept. 19, 20, 21, 22 and 23, 1865, two premiums were offered on sewing machines; one for "the best sewing machine," and the other for 'the second best," comNtition being open "to the State." On the first day of the Fair, the agent of the Florence Sewing Machine published in the Troy Daily Times a "chal lenge" to the agent of other sewing ma chines, to meet them in competition at the Fair. The challenge was accepted by the agents of the Willcox dr. Gibbs; bat those of all the other double thread machines declin ing,~it was left for the Florence alone to represent in the trial the entire double thread cin.ss. Thus, by this single-handed trial between these two representative machines, was virtually decided the relative merits of the two classes—the new, single thread, "Willcox ct Gibbs' stitch" class, on one side, and the old, double thread "lock" or "shuttle stitch" class, on the other. The parties being allowed ,:ct select toe judges, chose three, all of whom were practical machinists, and a majority sewing machine experts, who were approved and appointed by the officers of the Fair, and the following programme for conducting the trial, was mutually agreed upon between the contest ants, and adopted by the judges, viz: That each party prepare and submit to thejudges a list of the several points of merit on ac count of which superiority was claimed; each of which points was to be• separately considered, thoroughly investigated, and practically tested, bywork done upon each of the machines, and then decided. It was also agreed that each party be at liberty to point out defects in the other's machine, and to call for testa to prove the same. Finally, it was agreed that the machine which, at the conclusion of the examination, should •be found to have the greatest number of points decided in its favor, should be declared the "BEST SEWING MAcEtnis," and be awarded the "Finsv PanxtuNt." The result of the trial was, that the WILL. cox dr. GIBBS won the victory, and the prize, by the extraordinary superiority of thirty jive points, decided in its favor, against two points in favor of the Florence, as will be seen by the judges' report, given below. Full notes of the trial were taken by a re porter who was present, the following ex tract from which, kindly ftirnished for the occasion, is deemed pertinent for insertion in this connection, as a necessary link in the history of the examination: Extract from Notes of the Trial. Whilepreparing for the trial, the agents of the Florence Machine, suggested that the agents of the Wilcox LS: Gibbs had, in the experience of Mr. Battey, the Co.'s general agent from New York, an advantage, and requested that Mr. Tucker (chairman of the Judges), who had formerly been Assistant superintendent of the Florence 'manufac tory for sometime, be allowed to assist him self and the Albany agent of the Florence in the examination. ,To this the other parties consented, and Mr. Tucker accord ingly assisted them, both in the preparation of their list of points and in conducting their side of the trial throughout, taking the part of chief manager, operator and :olvocate; as did Mr. Battey on the side of of the Willcox 6: Gibbs. Though myself 130 sewing machine man, it was not diffi cult to perceive that each was a workman understanding his business; and so far as a "lawyer" could judge, the two sides were evenly matched in "professional ability." It is certain that the trial, which lasted six or seven hours,was conducted on both sides with a degree of energy, method and skill, that would have been creditable at the bar of a higher court, and with a thoroughness of practice detail which must have de veloped about all the qualities, good or bad, possessed by either of the machines. Report of the Judges. To the Officers of the Union Fair: We, the undersigned, appointed a special committee to inspect the merits of the several sewing machines entered for premiums, would re spectfully report: That two machines were entered—the Wilcox (k Gibbs and the Florence Sewing Machine. In prosecuting the examination, it was agreed by the agents representing the two machines to render to your committee in writing the peculiar points on which they based their claim of superiority, and in testing the ma chines each point was to be takenseparately, and after a fair trial adjudged to the best of our ability. Each agent presented their claims in due form, copies of which will be found below. For the Willcox ISt Gibbs Machine, thirty-five distinct claims were made for its superiority, ALL of which were sustained. Whereas for the Florence Ma chine, but ten were presented, two of which were sustained. After a thorough and im partial trial, your committee have decided to:award to the WiScox & Gibbs Machine tee FIRST PREMIUM, on the ground of its excelling in the greatest number of points. To the Florence Machine, for having ad vantages of a "rdversible feed" and using the least thread, we award the' Second Premium.. Sep. 22, 1865. SYDNEY . "). TIMICEE L. C. CHAMPNEY, J4dges. JOSEPH WHEELOCK. OUR 'WHOLE COUNTRY Claims of the Florence Machine. .1 A reversible feed. ThiB claim was sus Gained. 2. It makes four different stitches. Claim not sustained. 3. It works from thin to thick fabrics, or over an uneven surface, without , missing stitches and without change of tension, needle or stich. Not sustained. 4. The advantage of a double thread, as in all shuttle machines. Not sustained. 5. It will do a greater range and variety of work than any other machine,being used for shirt and collar making both in Albany abd Troy; also for tailors' work. It will hem (narrow and wide); tuck, fell, bind, stitch, quilt, gather and sew on (or "puff"), and will do anything that can be done on any other machine, except embroidery; it can also do ornamental stitching. Not sus tained. 6. It has a self-adjusting tension on the under thre‘ad; the stitch is alike on both sides. Not sustained. 7. The stitches will not rip if one is broken or worn off: yet it •can be taken out in case a mistake is made in placing the fabric. Bot Sit.smined. 8. It uses less thread than other machines Sustained, 9. The manner in which threads are drawn when making the stitch: no depen dence being placed upon wire coils; every motion being positive, and the stitch cer tainly and securely drawn tight. .loot stts &tined. 10. The Florence is as - easily managed as any machine in tile world. Not sustained. Claims of The Willeox and Gibbs Machine 1. It is the simplest. 2. It is the least liable to get out of order. 3. It is the best made machine; every part being an exact duplicate—which is not the rase with the Florence. 4. It is the cheapest. 5. It runs the stillest. R. It runs the easiest. 7. It runs the fastest. -8. It has the best device to prevent the ' wheel running backward, The Florence has no such device. 9. It zegnires less mechanical skill to operate it. 10. It requires less time and instruction to learn to use it. 11. It is the most certain and reliable in operation. 12..1ts needle is the shortest. 13. The needle is also straight and less liable to be broken than one curved like the Florence. • 14. It is beveled, and therefore stronger than one with a small shank, like the Florence. 15. - The needle is secured in its place by a patent device, which renders it self-adjusting, so that neither skill nor experience is neces sary in setting it. It is' not so with the Florence. 16. It uses but one thread, and thus avoids the necessity of complicated machinery, which is required for two -threads, as in the Florence. 17. It sews directly from the spool, thus making it unnecessary to rewind the thread and adjust it in the shuttle. 18. /intakes the Willcox & Gibbs, or twisted loop stitch—a stitch original with this ma chine, and made by no other, which for general purposes is superior to either made by the Florence. 19. Its searalias the peculiar advantage of being readily taking out when it is de sirable, while it is less liable to rip, in use or wear, than the lock stitch. 20. The seam is more elastic and stronger than the lock stiteh. 21. The seam is also the most even and beautiful 22. The seam is always self-fastened, thus avoiding the necessity of a "reversible feed" or any other complicated device for that purpose. Its tension is more simple and more easily adjusted. 24. It will do a greater variety of work than the Florence can do, in equal perfec tion. 25. The machine is more easily and speedily changed from one kind of work to another. 26. More work can be done with it in a given time than with the Florence. 27. It does beautiful embroidery, which the Florence cannot do. 28. It has a shield to the wheel, which the Florence has not. 29. The needle being carried in a perpen dicular bar, it has important advantages over machines with curved needles attached directly to the needle arm, as in the Flo rence—one of which is its non-liability to derangement from alterations of tempera ture. 30. In consequence of the shorter sweep of the needle, there is much less wear of the thread from its vibrating through the needle's eye in the act of sewing. 31, A smaller needle can be used with the same size of thread, which adds to the strength and beauty of the seam, especially on linen or other hard goods. 32. It has the beet hemmers. 33. It has the best feller. 34. It has the best braider. 35. It has the best belt. ALL the fore.cfoing claims in favor of the Willcox & Gibbs inachine were sustained. Remarks. This remarkable trial cannot fail, throih the facts developed by it, to be productive of important results. It has raised the veil, and exposed to public view the true charac ter of the "opposition," ITho will now no longer be able to deceive the public by mis representing the character. and merits of the Wilcox ez Gibbs. By this trial: more tho rough than any of the kind ever previously attempted—a trial before an able and idt- partial jury, the justice , of whose verdict none can dispute, it has been proved, de ---TRIPLE SHEET aided and published to the world, that the Willcox •56 Gibbs machine is just what it has been claimed to be—an improvementon dou-. ble-thread machines; for the relative merit of the two kinds of stitches made by these two classes of machines were there sub jected to the most rigid tests, by work done upon each machine, on the same piece of goods, and with thread from the same spool; and the result was a unanimous decision that the " Willcox dc Gibbs," or "Twisted Loop" stitch—instead of being less reliable than the Lock " stitch, as represented by its opponents—is even more so; that while it may be raveled by a certain process, when necessary, it is less liable to rip, than that stitch, in use or wear. In order to appreciate fully the import ance of this trial, it is necessary to consider some of the peculiar circumstances con nected with the early history of the Willcox dr Gibbs machine, and its relation to other leading kinds—all which, it is well-known, are of the double-thread class. Previously to the introduction of this machine, the country had become so flooded with cheap and worthless ones, and the public mind so generally prejudiced in favor of the high priced, double-thread machines, that most people were prepared to accept, as truth, th`e teachings of those interested in the latter class, without question; and since many of those cheap machines were single thr eed ones, it was no difficult task to edu cate the public into the belief that all single thread machines, as well as all cheap ones were necessarily worthless. And so faith fully, was that task performed, that the •,don ble-thread interest was thereby enabled to acquire, ard for a time to maintain a monopoly, and to keep their prices up to a point which forbid the use of machines to thousands of persons of that class who most need them, but are least able to buy. It was at this period, and with a ,view to supply a great public need, by the production of a simpler and better, as well as cheaper machine, that the Willcox and Gibbs was invented and placed before the public. The double-thread fraternity, perceiving at cnce its great merit, very naturally be came alarmed. A rival so dangerous to them all was not to be overlooked; was not to be tolerated: it must be put down. With the exception of merit,the advantage was all on their side. Each had their thousands of agents, scattered over the country, who would open the mouth at their bidding; while the Willcox it Gibbs, with here and there a solitary exception, as yet had none. The word was given, and the key note sounded: "A single thread!" "A single thread!" and ten thousand Agent's voice. echoed, "A single thread!" Says a lady cus tamer to one of their' Agents, "It's a charm ing little machine—that Wilcox ct Gibbs— it runs so easily and so quietly!" "Oh, yes, Aladaine; but then it is only a single thread.' and a single thread machine, you know, is of no value as a sewing machine." "Why, how you talk! My sister has one of them and she does all her sowing on it,and would not exchange it for any other machine in the world." "That may be so;she probably never used any other; but though it may satisfy her, it would never suit you_ Why, madam, those single thread machines were tried long ago, and rejected as totally worth less!" In this ?manner ha's the Willeox .k Gibbs been sy4tematically and persistently misrepresented by the entire double thread fraternity. Scarcely could a more palpable untruth be uttered, than is conveyed in the spirit of those four words, "only a single threctd:" because, though it does use but one thread, it does not make the ordinary single di read .stitch—as those words, iu the sense there used, imply,—but it makes a new and t:r l crcn stitch—one that obviates the very defect in the old single thread or chain stitch to which so much objection is made— its liability to ravel. It is a stitch, more over, which is better than any made with two threads; and hence is destined so soon as its inerils are generally known, to su persede all the various tloule thread stitch es now in use. And this is why the Will cox it Gibbs is so much feared; for who will want to bother with tiro threads, when they find that one is better? Again, whenever the Willcox Gibbs company sent out canvassers, to introduce their machines in new localities and estab lish agencies for their sale, they were sure to encounter the same spirit and form of opposition. Even their common right of competing far premiums at our _Agricultu ral and Mechanical Fairs has been so often tampered with, that they have found it ne- cessary to obtain, in advance, a guaranty of impartial treatment frotri the arting nth- cers or managers, before entering, their machine for competition at such Fairs. But though thus deprived by the opposition of the use, to much extent, of any of the ordiu- ary means of advertising, there was ont3, the silent and irresistible influence of sold _ . machines, which no combination could take away. Each machine sold was a missionary, silently at work in its own neighborhood making converts to the faith And converts became customers; and cus tomers built up Agencies; and the good work went forward, slowly but surely. Thus the Willcox & Gibbs, though perse cuted, has prospered; though opposed, has steadily progressed. It is still compara tively a 71CUI machine, having been scarcely seven years in the market; yet it ranks al ready, in the number of machines sold, as the fourth "Sewing Machine" in use: And _ _ --- - now that the opposition, in their last despe rate etfott to bolster - up their waning popu larity, have signally failed; now - that the'. boldness has furnished the long sought op portunity fortin honest and well contestec public trial; and put on record the result o that trial, for the enlightenment of the pub lie, it requires, we think, no prophet to fore see its accelerated progress in the futare—o to foretell its ultimate triumph as the recog l nized STANDARD SEWING MA.OHIND OF THE WORLD! F. L. IeETHERSTON. Publisher THREE CENTS. The Child Stealer - Case—Motion to Qunsh the Indictment overruled. As stated yesterday, m the BULLETIN, in the Quarter Sessions, in the case of the Com monwealth vs Albert C. Cassidy, indicted for publishing and circulating .reports ‘ in reference to the appearance of the Child Stealer" in our city, Judge Allison delivered an interesting opinion. The object of the defendant was, it will be remembered, to create a sensation and pave the way for a play entitled the " Child Stealer recently S produced at the Chestnut Stre Theatre. The opinion of Judge A ll ison, on th motion teguash the indictment is as follows: This motion ia,based on several grounds, first, that the facts laid in the bill do not constitute an indictable offence. In this)we do not agree with the defendant. To do any act which is calculated to spread terror and alarm through the community, unless such act is right and proper in itsensidered. or becomes necessary under the special cir cumstances surrounding the commission of that which is complained of as constituting an offence. For Illustration, to circulate a report of an invasion, or of the breaking out of an infec tious or contagious disease, if the report be false, would be indictable, because such re ports are calculated to excite unnecessary fear and terror in the minds of the people;' whilst if the facts corresponded with the re port, no indictment would lie, because it would under ordinary circumstances be eminently proper that such information should be given to the public. The general principle is, that whatever is injurious to a large class of the community is a nuisance at comaion law. Lansing W. 611iith vs. Cowen, 14d. The carrying on of a trace, which is in.it:ielf lawful, it it is inju rious to the comrort of the community gene rally, or the immediate neighborhood, con -ti: uses a n isi*nce. People vs. Cunningham, I Denio, 524. t - enon tnis principle, indict ments have frequently bean sustained in this Court for maintaining a bone-boiling or lampblack establishment. So also a swine yard in a city or thickly populated ceigLi.orhood is a nuisance. Common wealth vs. Vansickle; Brightly, R, These kind and kindred cases rest on the ground of their causing discomfort merely to ihe public. If indictments will lie for cause like to those named, it does not re quire authority for the doctrine that what ever injuriously affects the health or the morals of a large class of the community, is indictable as a common nuisance—such as the letting off of fire-works in a public street, or the keeping of a disorderly house. This indictment charged Cue unlawful circulation of a false report by handbills posted on the corners of the public streets, and other public places in the city, calling on the citizens to look out for a child stealer, describing her as a woman about twenty four years of age, etc. The hope is sug gested that she may be discovered and brought before the public, where she may be observed by both heath of families and their children, etc. That this publimtion, given to the public in the manner above stated, constitutes, in whatever light it may be viewed, a common nuisance, cannot, we think, be well ques tioned; that it is injurious to both the com fort and health of a large cumber of persons in the community in which the report has been put in circulation, is self-evident be cause its tendency: is to fill the mind with anxiety, fear and alarm, to the absolute de struction of the comfort and happiness of many, and by this means, to a greater or less extent, injurious to the health of per sons brought tinder such influences. Mental anxiety, and an imagination excited by terror, are fruitful sources of bodily disease and loss of life, and upon none of the instincts and susceptibilities of our nature do these influences tell With - greater power than when brought to hear upon the anxiety of parents for the safety of their offspring, or upon fear and terror that fill and torture the minds of children. It is further objected to 'this indictment that it does not in its conclusion fulfil the' requirements of a common law indictment. In the case of Graffen vs. Commonwealth, 3 Penna. R., 502, an indictment was quashed, because it being a common law proceeding, it did not conclude to the common nuisance of the citizens of tie Commonwealth of Pennsylvania. All the precedents to be found in Wharton, for maintaining that which constitutes a nuisance at common law, conclude as above set forth, or with the addition, then and there being, or residing; or in the case of a nuisance upon the highway, passing over and along the same. This indictment concludes to the great terror and alarm and common nuisance of all the good people of the said Common wealth inhabiting and residing in the said city of Philadelphia; this with the formal ending as against the peace and dignity, etc., would have been in strict conformity with established precedent, bat there has been added the words, to the discomfort and disquiet of divers good citizens of this Commonwealth having infant children under their care, etc.—this, it is argued, vitiates the indictment. We do not so regard it,and think it ought to be treated as mere surplusage. It is stating that which is altogether unnecessary, for the conclusion was perfect without it, and it is only adding that which in in cluded in the formal and strictly technical language which preceded it. To charge that terror and alarm had been created to the common nuisance of all, is in no degree altered or varied in its strict legal effect by the uncalled-for assertion that this terror and alarm has caused discomfort and disgust to divers citizens. Divers,according to Webster, means several, but not a great number. The effect of terror and alarm is to cause disquiet and discomfort, and this, it had already been pleaded, the defendant had occasioned to all the citizens. •Why theh say that he had caused it to several or to more than one? But we think it ought to be treated as useless verbiage only, as marring somewhat the symmetry of the indictment. but not as so vitiating it that the Court could not sustain a judgment on it in its present form. The motion to quash is overruled. A NOTED CHARACTER DEAD.—The Akron Beacon announces the death of the cele brated Jim Brown, the reputed leader of the counterfeiting fraternity of Summit county, Ohio, and vicinity. His' skull was frac tured by a fall. He was sixty-seven Years of age, and had long been one of the most shrewd of the utterers of spurious currency. - He had been many times arrested, but w,as convicted only twice, having served one term in the Ohio, and one in the Michigan Penitentiary. At the time of his death he was tinder bonds for counterfeiting. The Cleveland Herald 'says he was a man of great • influence, even when knovvrt as a dealer in counterfeit money, being elected as Justice of the Peace in Boston townsliiii - Efe'drew flocks 'of young Men into hitritet.' When in the strength of tua intellecthe, . never rettdleci his sp - uriousCob4-but sold Yt usually to petty dealers "• r • .-=
Significant historical Pennsylvania newspapers