Daily evening bulletin. (Philadelphia, Pa.) 1856-1870, December 21, 1865, Image 1

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    '~ 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 • .-=