GIBSON PEACOCK.- Editor. VOLUME XXL-N0.,190., THE , 'EVENrNe BULLETIN , • f y.R ll O l l4. NEED ; 1 #5 1 4% E Vi q uc!; l (kiiidays excepted). ALT TIM NEW BULILE'rIN EVILDI NG, 807 Choctaw* Street, Philadelphia, 'ex Tar ' EVENING BULLETIN ASSOCIATION. vitctopi, OfI3SON MACOOM en:OER NEST C. WALLACE, FETBERSTON, TIIOS. WTLLIAMSON. CASPER/WIRIER. JR.. FRANCIS WELLS. The aveuxrto is served to sobecritors to the city at II sects per week. payable to the carriers. or ike per mom inTARTES Fott-Dtan.`4oW. !WADY AT MS th e 1. 1 street, containlngi black', Apnea tor oath' day th e year, Wee of postage, table 'et statue duties, dm.. pub lished end for sale by ' oca.tf W. G. EMILY. 71c3 Arch street. _ _ MARRY": 114 Y 7- ADDI-PAVNE.— On the 7th' day of October, by. the /ter. Wui. T. Eva, Mr. John C. Addict. Jr, to fine Mary Anne. daughter of George 'Payne, Seq., all of thin city.it fit AIR-411.11SON.—On the 1303 instant, at the Second Preobylerinn Chnrch,Plttehurgh. try the Iter. Dr. Howard, IR. CI: Blain of Philadelphia, to .3lsry L. Gibson, of Alto. gbeny county. No Cardr„ • , , , DIED. COLUNS.—On the 11511, inst., Lardel Collins, in the 234 sparer Air age. The relatives and Mende of the family are respect• fully limited to attend his funeral , from the residence of him Imother. Warminster Place, Germantown Road, above Jefferson . street, on , Sunday, the 11th instant, at 1 o'clock. without further notice. • HEED.--Suddenly. at Cheetnnt Hill, on the, evening of the 16th inst., Mau L., wife of William H. Reed. Funeral services st the Church of St. James, the Las. on Tuesday 15th inst.. at half.. twelve o'clock. 04 BURIAL emotErr. • • - . PATENT POL ettANTril irtY 9. ISM • n. a. gasman', VINDYMTAKEG, 5. Z. ODENER OV TENTH AND GEEF-N STEJ:E7II.; I CLAIM that my. new improved - and only patented BURIAL CASKET Is far more beautiful In form and finish than the old unsightly and repulsive coffin. and that its construction adds to its strength and dam. Why. We, the ututerdgned t having bad occasion to use in our (amino, KB. EA,ELEY'S PATENT DI:I3AL CASKET, would not in thef dare use any other if they could be ob. telned Bisho Simpson, r. c. 3. W. ,Tockson. J. IL Schenck, M. D., E. J. Cripoen. Com. J. Marston, U. S. N.. :taco) , RevllD. W. Martine. 1). 14. W. Evans. Wm, Ricks, J. " . e 4 l . Mrtioine, N: Shur EYRE 4 LANDELL HAVE THE , QUALITY Lyons Velvos for Make.- _ Lyons Velvev, oiZacki: LANDELL, FOr-frell ANT Aftell. KEEP A iv-J fine aneoctment of Ourainaerce for Bose Clothes, Ca.e -• 'metes for Business Suite.. HocaE.rvitNisHlNG GOODS.-- F it. FAIIfiON & Sras and 24 Dock attract, below Walnut, corner Pear,now offer. very low for own, their large and varied stock of Ilonse•Yuruiching Hardware, Cutlery, Tca Trays. Slicer Plated mad Britannia Ware. Bright and Japanned Tin Ware. Moth Chestajlefrigeratora,Chotnes WringeraCarpet Bow-paw, Wood and Willow Ware, Eroorus, Mat". etc„ .tat. Vail and get an illustrated catalogue. Young If outekeepera will find it a great help. oc-.)s.s.tu.th.ttt RELIGIOVEI NOTICES. sfir• LEA. SF:W.MAN IfALL, b. I)., LONDON , • !laying lo•cn pre'. ailed upon tt, nd one wore Sliblmth in MIA city, will preach tomorrow an follow,. toy ; A. bi., Central Presbyterian Chorch, EIGIITIJ and 4:111-11atri 1': M.', Presbyterian Omni:, sEVENTEENTIA and SPRUCE. 7 P. M.. Green Eitreet M. E. Cherce,QßEEN dtreet sear Tenth. t3t; P. 74., Bethel x. E. :).arch. SIXTH and LOMBARD Streets'. _ • ltl -WESTERN CHURCH, 17TH and Filbert streets..-Rev. Mr. Bridelle will preach Sabbath morning and afeensoon. It' 8T l ii -=l6 " • F "e Brown.—tier. _. - DE' B , I° l - geivirg, c, New I mer t . row ill at 1031, and 3;4 o'clock CALVARY PREIHrYTERIA'S LO 316rcust street. above Fitteenth.—Preaching to-morrow. ut 10 sA. M. and 7% P. M.. by Rev. J. B. Beaumont. it• CHILDREN'S CHURCH.—THE NEXTiSERDION Slirto the young. on Wond , rs." at tbt. Church of th. Eriflutny, To morrow Afternoon, at 3 o'clock. It* war FIRST PRESIIYiEP.IAN tfau.r.tai, WASH-. Mean fiquure.--11e.r. E. E. Aily.int. D. D., will and nreaehf l'• M th'is church to.inerrow. Services at 10 , , A ft M. 3i.. HE2,IAIi LINCOLN. D. D..ri' 0 , ROVI. dente. IL L. will p read) iv the Broad Street I. Baptist Church. comer of Broad and Brown atrtets.t morrow at ICI% A. X. and 7;-..; I'. M. Ito ser ( Ig r rt e r i !l 11 ' 1. 1 ( 17 f t ...ti p a :11.1. re f e :El` PRES IIYT EWAN liyde., of Verwout. will preach' t n o.n! t a J rr '.. .. 't i, i l l . : and 7%P. SI it. stgr• ST. CLE3IENT , r; TWENTIETH and Cherry strr ett. tc-mon . ow otorning at o'clock, and in the sitcrnoGn at. 4 o'clock. S...rumu by Iter.Treadwell Walden, rector. It. - -- ter UNITARIAN CHURCH. GEI:MANTOWN.-- Eev. Dr. Ytirneis will preach to.laorrow toorninc at IOR: o'clock, and Itev. 11. G. 8140613 g in the evening at '7,.; o'clock. It. atir ARCH BTREI-1" IT.F.SBYTERIAN CID.:1:1;11 above Tenth *m .o. Divitw c,-rviec , to-morrow Ott 1051 A. M. awl 7:4 P. M. Preaehing by the pnntor, Iter. NVACoakling. tb GERMANTGWN SECOND PRESBYTERIAN Church, Tutpatocken Ana Green atrettn.---Preach• ing to-morrow st 1034 A. M., and XI., by the P.A.! . Rev. Dir, linulr. It" see- THE REF. C. A. TRUSHILL, OF lOWA, WILL preach In Trinity M. E. Chu, h to•worrow morning xt 10% o'elack, and Rev. Jahn Lanahan, D. D., at Haiti. more, at 7)y - o'clock. 1 t° agsr.MT. PAUL'S CI ICI RUH, TRIED. BEL) )%V Walnut.—Service Tamorrow Evening. at ”6 .;clock. Enbject of sonnon--"A Vindicati , .n of the Law• fulness of Occasional Non-Episcopal Ministrations in the Pt otestant Episcopal Church." it. "VICTORY AT LAST."—CENTR AL - PRESBY tier terian Church, N. L., Coates street. below Fourth. A sermon on thin subject will be preached To-morrow EveningE, at 7lti o'clock, by the Pastor, Rev. James Y. ]ditahelll" ST. JAMES' CM:RCM—TM E RT. REV. !OMIT. l i e r Clarkson. p. X. of Nebraska, .will preach in this Church on Sunday' morning. 'Service at 1034 o'clock. Sub. Fject—"The Condition and Prospects of the I.l6sionary 'Work in Nebraska." It. "THE HEAVENS DECLARE THE GLORY OF 1115-11 r God."—A sermon on this subject Tomorrow (Suz ittgiteErget el t ngt st y e Rev . et, belowf I Ili e a7" u h , ! . ! tl i fi ,scats f i r l ee. writhe public cordially invited to attend_ 1t• MISSIONARY ANNIVERSARY MEETING AT 'Stir the Church of the Mediator. Nine nth and Lom bard streeb, to-morrow evening, at 7.; b , clock: Ad drosses by Rev. Phillips Brooks. Rev. r Newton and Mow. Dr: Pratt. - . THE SECOND PRESBYTERIAN CHURCH for the present, worship in Horticultural Hall. Broad street, between Locust and Spruce. Preaching limorrow. Mit% A. M. and 7315 P. M., by the pastor, Rev. Beadle. • it. B o r . NORTH PRESBYTERIAN CIICR.CII, SIX= above green.. Bor. R. W. Henry, D. D., Pastor, to morrow at lON morning and 736 evening. The first ser mon of the course will be preached in the evening. Sub. loot, "The Burial of Christ.. agrWEST SPRUCE STREET CHURCH, CORNER of Spruce and 17th etreete.—Sermen to-morrow 4Sabbath) morzking,at 103.1 afternoony tb e pactor„ Roy. W. P. Breed. D.D., and in the at 3 o'clock,by Rev. Newman Hall. D.C.. of Surrey Chapel, London. It* nREV: A. A. WILLITS, D. D.. WILL PREACH n the Wed Arch Street Presbyterian Church To 3norrow. at l anS. 736 P.M. Ex-Gov. Pollock's Con gregatlonal leile Class at 9,4" A. M. The Sabbath Schools meet at IP.Strangers welcome. It. air , REY, MOREEM LOWRY. pAS'fOR MANSON Place elaptlet Church, flrOoklm N. Y., will deliver the second sermon of the Berke berme the Young People's Assoclattowat the Tabernacle Baptist Church. Chestnut street. above Eighteenth. on Sunday Evening. 17th hot.. at 734 P. M. Subjeet,-**Asmed, yet defeated: , le ear. OLD PIMP_ STREET CEURCII, CORNER OF nr••••• Forth and rine streets, ?reaching by the Pastor, Rov.M. Allen , To•morrovy at 10X o'clock, A. M., and V,W, o'clock, P. M. Anniversary Exercises of the Sabbath Schools, at 3 o'clook, P. M. AdOceses by the Rev. Pohidexter S. Den son. D. D., Rev'. R. H. Allen, and others. '•Singing by the • children.. The oldie are cordiall invited. it. SPECIAL NOTICES. siir THIRD NATIONAL SANK Pitmans:m.lHa, Nov. 15th, 1867. The Stockholder/ of this Bank archereby_notified that the Bank will assume and pay the STATE TAX assessed .on their Shares. and now payable at the office of the Re ceiver of Taxes. B. GLENDINNING, nol6 • ' Cashier. ier PENN NATIONAL BANK. • PIIITADFSPILIA. NOV.IB, 1887. The Stockholders of this Bank are hereby notified that the State Tax of Three Mills, now dne on their respective Shares, will be assumed and paid by the Bank to the R ceiver of Taxes., . JAMES BUSSEI44. nolo a to th llt4 Cashier. o p. m i THErrn NOVEMBER 1887. ON WITION E e l ;MA girSATON. THOMPSON m tq araetloe as an Attorney is the on et Court and yommon 1 Conn or county of pkilsdowida. . en of the city and `HOWARD HOSPITAL. NOB. UM AND 1M tre r tl trititlS. I:getP2Leefa Department—Mem cii " ""gprw'vwel gratadt9wAY ti) the . . y am/ . . ',- .' .•,-::',,,' ...:::, ..":.: -- - - . '',. , ::' , - - , : s ',•, '1 . , i -., ; ~, r ,' ~ .•-, . . • ~, : . . . , . • • i .i;,i , 7. , , ~. '.',.., , .-; I,', , ~ '. • , . • . . , . ~• • c t , ~,,‘ . , _.. .. . _ . . , . . . u..,.' . . .. . . , . . . • ociA3mrP TheEe defendants all affirm that they acted in good faith, and because they believed the re moval of President Smith was necessary for the best interests of the College. It is also denied that at the time of the eke Lion of complainant any promise or santance was given to him by the &god of Directors that he should hold the office of President of the Col lege through life, or during good behavior..., The affidavits read in answer to this applica tion for a spacial injunction deny all the ma terial charges of intrigue, conspiracy, corrupt motive. and promise or assurance given to com plainant: and if the motion was to be disposed of upon these grounds, it is sufficient to say it would have to be refused : these allegations. if they constitute such an equity as would under any circumstances justify our interference by special injunction, arc completely set aside by these affidavits. It is equally Clear that the first two prayers for relief ate answered by the presentation by the complainant of exhibit "A" appended to the bill. This exhibit contains a specification of the reasons which induced the passage of the res olution declaring the office of President vacant, which, in elfect t asserts: - That the administration of the College has not evinced hearty sympathy for the orphan children under its care, nor a. reasonable respect for the interests and feelings of their relatives and friends. • That its discipline has been harsh and 'ty rannical. That the injunction of the founder to "form •ar d foster a pure attachment . to republican in stitutions" had not been held sacred. And that the institution should be so managed "as to exhibit a more thorough and willing obe dience to the wishes and intentions of the di-. rectors, as expressed by their resolutions adopted from time to time, or by the code of rules made for the government of the College." The complainant, therefore, brings into Court as part of his case the evidence that his removal was for cause assigned in the preamble to the resolution declaring vacant the office of Presi dent. Nor upon general principles, do we think it material that his removal was without notice or a trial, the office of President of the College ,being a ministerial office, and not of the essence of the corporation. A mere ministerial officer, appointed darante bore placito, may be removed without any other cause than that the pleasure or those who ap pointed him is determined. In these cases the right to remove Is incidental to the right of ap pointment. Wilcox vs. Corp. 253, 254. The principle is recognized even itre the appoint -I, went is "for life' or "during pleasure." Digh ton's case. T. Ray 188. Rex vs. Cambridge 2, Show 70, Rex vs. Canterbury 11, Modern 403,' S. C.. 1 Strange 674. In Angle and Aymes on Corporations, chapter 12, sec. 7, it is laid down that a ministerial offi cer is not entitled to notice, and If those who have the power of amotion elect a now officer, this act is of itself an amotion of the former offi cer, without a declaration of his emotion. 8o far has this doctrine been extended that it has been held that it would not alter the result- if those who voted for a new officer were under the impression that they were electing him to a va cancy, and who would not have voted for the amotion of his predecessor.-1 Strauge,lll; Cow per, 413; 2 Term Repts, 777. . The only question Which remains is as to the power of the Directors of the College,' 'under the theof Ste Girard, to remove of the ll institution at their discretion. an If theofficer will forbids it, the general principle must give way. Such a power Is denied to the Directors by the averments of the bill, and it is upon this ground, chiefly, that we are asked to restrain by special injunction the further action of the defendants in relation to the removal of the complainant and the installation of Wm. H. Allen, as his suc cessor. If under the will of Mr. Girard and the ordi nances of the city of Philadelphia we enter tained a doubt of the, power of the Directors of the College, to remove the officers of the institu tion at the discretion of the Directors, we would, notwithstanding such doubt, be compelled to refuse a special injunction, regardieg the ques tion as no longer an open one, upon the authority of Field vs . Haines, Legal Intellig neer _ °Moil. 1,1867: r ' `• • Thlicase settles the latv upon the proposition new under consideration, conclusively" against the eotnplainant, , Od has gtvph a construction' to that Pcntion ,ffie, will upon which lite ,in support of , the torment motion. It a bind tut auttiOft-Milhitradhit '• s uo . tir rerun tltOOPeelittniumttliM PM -1 Iffider the otAintutceof the city of .Pnuadel-, - Plate . o SePtenther 10 . ' 4,1117 the urecton 'art Twigs. New CONCERT - HAM POPULAR Lthrt;ll63 HENRY VINCENT. THE 'ENGLISHREFORMER AND BRILLIANT • owon. will deliver his Great Lectures, under the auspices atilt) Young Men's Chadian Aanociation, on , JOHN MILTON. The Scholar, the Poet, the Putrtot—the prodigy of his own age, and the fiery of all time; and GARIBAIDL And the Italian movement for Unity and Freedom. TUESDAY AND THURSDAY, NO - EMBER 25 AND 28, 18 , 07, At 8 o'clock, P. M. TICKETS FIFTY CENTS. No extra ctiarge for reserved scats. Tho sale of Tickets wHi be in MONDAY HORNING,Infh Inst.. at ASHMEADI3, 7/1 Chestnut street. n0164t4 kir REV. NEWMAN HALAL D. D. WILL tzeird - RE Ili MUSICAL FUND HALL. LQ C 1 ; 1 1:f -St-I*W SA'rt;RD4Y EVENINGsNOV. 1601, Saw cot.— "MISSIONS TO TREIRABSE'S." Tickets for rale , at ASRMEAD'S, 751 Chestnut, street. on And art,..r Tbarsday . rooming, and at the on Saturday evening. Reserved sests.so Cents. , A dial3.4okisslots. THE COURTS. THE GIRARD COLLEGE CASE. Injunction Refused Powers of the Directors Defined. Copt' oN Allison.—This morn ing Judge Allison delivered the following opinion, disposing . of the Girard College Case : Richard Somers Sinith vs. Charles E. Lex, James J. Boswell. et al., Directors ot Girard Col lege, and William 11. Alien, defendant!, The bill filed by the complainants prays : Finit—That it shall be decreed'that the Board of Directors of Girard College have no power to remove the President of the College except for . cause assigned. • Second—That the removal of the complainant, without notice and without cause, was unlawful. Third—That the choice of Wm. H. Allen as President of Girard College was unlawful, be came there was no vacancy, and because he was ,•o chosen through favor and intrigue. The bill charges that some of the defendants intrigued to have complainant removed from his office of President, to which he had been elected on the 10th day of May, 1863, and labored to procure the election of persons as directors of said College, pledged to effect said removal, and :hat defendants Bo9ler, TruMrin and Gill gave such pledge,. In the 10th section of the bill declarations hostile to the complainant and assignment of improper motives are charged against the de fendants therein named, which are set up as evidence of intrigue, and of a corrupt exercise of power and discretion confided to them as directors of the charity established by the will of Mr. Girard. These charges of • corrupt combination, in trigue. motives and declarations of dislike and . hostility to complainant are denied in the affi davits of those of the defendants who 'voted on .the llth-,day of September last in favor of de claring the office of Presidentvacant from and after the first day of November, 1861', and by whose vote W. H. Allen was elected President, to fill the vacancy occasioned by the removal of Major Smith. ♦H'OVE EIrIITEI it has been our lot to record occurred on Sunday on what is known as the Waterloo ridge in Wisconsin, about six miles west of Potosi, near the Waterloo mills, twenty-two miles from this city. About two weeks ago Jacob Sickle, a farmer residing on tho Waterloo ridge, came to Du buque, bringing with him a soldier's widow named Annie Field, who was seeking employ ment by which to earn support fer herselt and two small children. Mrs. Field had been at work for Mr. Sickle since the death of his wife, which occurred about fifteen months ago. Ili this service she had been employed not only in the house, as housekeeper, but in I. the field, as a farm hand, receiving in compensation only board for herself and little girl, aged three years. Farm labor being nearly over, Mr. Sickle had no further employmeht for Mrs. Field, and she came to this city for work. Her little boy had meantime been taken by her bro ther, Morgan Reed,and Mr. Sickle promised to keep the little girl, Ellie Field, while the mother was away earning a livelihood. Jacob Sickle has a daughter about fifteen or sixteen years of age, said to be the unfortunate possessor of a bad temper. On Sunday. Mr. Sickle was away from home. About 12 o'clock of that day the daughter, Lizzie Sickle, for some cause unknown as yet, fell' upon the little girl and beat her in a most brutal manner. When the child became unconscious and was ap parently dying, she became alarmed at the result of her brutality and called in a neighboring. wo man. To her she told a story improbable on its very face. She said that the child had fallen from a chair by accident and hurt its head. But it required only a glance at the mu tilated body to show the falsity of this story., The body was ono mass of bruised and broken flesh. On the head was a frightful woutid, giving every indication of a broken' , skull, and one'of the hands was crushed so badly that, it Is said, not a bone in it remained broken. A physician,,. Dr. Graham, of Potosi, was sent for immediately, and everything posslT ble was done for the Ilittlo 'sufferer, but to uro avail, the child dying at 2 o'clock on illonday. Mrs. Field, the mother( had been employed in - the family of Mrs. Quigley, In this city. Mon ;day afternoon a mesienner was dispatched to her bearing the terrible news of the death of her c: 1 0 1 0i; t she •started lOHOOdbiteV* to take /sae s dq'4c • CA °UY aWaaYtirn gtir,POd 8 thl Klink the' tort this Yloor , “ewnot to other mothers. Peata in but to thilik of her child t :ttritb dbatlf must hate tieetei:alifirden , on tlukpolielbWtir j! , Our 19forinsait aid of n6'644616 be bpi Liudo We uxurdurvelit . . PHILMMAPpi, SATURDAY', NOVEMBER 16, 1867. authorized to elect the following officers, in structors and agents forthe histitution,who shall • severally hold therrVicis daring theplerusurn of' the said Directors. The ordinance then makes pro vision in the same section, the sixth, for the election of a President, a matron and .a steward; defines their duties and fixes theircompensation. The seventh section authorizes the . election of female teachers and governesses. The eighth provides for the election of , physi cians, and the ninth section recites. that, hind dition to the foregoing eicers, teachers„govern- Uses and physicians,' the Directors may employ a janitor, a gardener and servants. I refer to the language of this ordinance for the pnzpose of showing the application of the principle, settled in the case of Field vs.,Hainss, to the one before us. And this in dolled for, be cause, at the , argument, Field vs. Haines was attempted to be distinguished from the case of the complainant on the ground that Yield, who was steward of the college,' was not an officer Of the institution. This point, however, , falls out, of the. question under consideration; when by reference to the ninth section of the ordinance of September 16, 1847. it is clear that the "foregoing officers" al luded to, are the President, the matron and the steward,. as distinguished fronts governesses, teachtfr 'and physicians. A.'Steward, by the terms of the ordinance, is as muck an officer of the institution as is the 'President. Field and Harris Is therefore , on principle, the very case which the eompiainant\has. brought up for de cision. ". The judgment of the Supreme Court settles, \ First—That by the terms of the ordinance, those who are elected under It hold during the pleasure of the Directors. Second—That there is nothing in the will of Mr. Girard that forbids the removal of officers and agents of the College at the pleasure of the Trustees of the Charity. . . Third—That to the administrators of the trust, is committed the exercise of a discretion in de termining. the ntinther .of persons to be employed, and when the need exists that the places of "instructors, teachers, aesisV , ants and other necessary agents," seleded , by the Directors, shall.be supplied. I may be allowed to say that, in my opinion, no other conclusions than those above stated, can be rightly extracted from the will of Mr. Girard. A contrary opinion as to its true intent and meaning would be subversive of the govern ulent of the institution, an overthrow of its proper authority, and therefore fatal to its best interests, [knot, Indeed, to its existence. Bot the:;iftlestion will suggest itself, are the Dirctors of the College, or the Councils of the City of Philadelphia, who are the trustees of this charity, wholly independent in their action, and beyond the restraint and control of the law?. The answer may be promptly given in the negative. The remedy in a case of gross fraud or abuse of trust is to take the trust from the offending trustee, whether a corporation or an individual fill the office, and vest it in other hands. Dart mouth College vs. Woodward, 6 Wheat. 676. The Society, &e., vs. New Haven, 8 Wheat. 464, and 6 Conn. R. 532. The act of our own legislature of February 17th, 1818; the acts of 1825 and 1828 give express authority to the courts to call to account and remove trustees holding property for religious, literary and chnritable purposes, as well as trusts generally. And under the chancery act of 16th of June, 1836, every case of trustees for charitable use is within the powers of the courts of Pennsylvania as fully as the Lhancery of Eng land. The. Commissioners appoiuted to revise the civil code of Pennsylvania. in their report. say : - So far as regards the appointment, removal or discharge of Trustees, our Courts have the same powers as the Chancery, and may exercise them in the case of charities as in other cases." • In Whitman vs. Lex, 17, S. and It., 88. decided in 1827, it was held that by force of our common law the principles of the statute of 43 Eliz.,ehap 4. as applied in chancery in England,obtain here. The same point was decided, and the doctrine of Whitman vs. Lex ailirmed,by the Supreme Court of the United States in the,case of Vidal, et al., vs. The city of Philadelphia and the executors of Stephen Girard. It would be a waste of time to multiply au thorities upon this point, and thoge cited are re bored to for the purpose of showing that this charity is fully protected by the law, and that :he power of the Court is ample to control ; and if the case required it, to remove the Trustees, and appoint others to administer the trust. This is apparent from the question of the iurisdiction of the Court to interfere in the form in which it 1]:19 been invoked, which it is unnecessary now to decide. It is proper for Inc to add that the aifidaiit of William IL Allen denies fully the charge of hay flic solicited the defendants to vote for him for President of the. College, and to say further, that if he had done so, it - would be no ground for granting an injunction against him. Injunction refused. , (JAETER SEssioNs—Judge Pierce.—ln the case of Michael Kelly and William Gormley, held in the United States naval service, the -Court this morning delivered au opinion, holding_ that the relators were improperly enlisted. They were discharged. CRIME. BRUTAL CHILD MURDER. An Infant Beaton Death by a Young 1611r1. (From the Dubuque Ilerald4 18th.1 Oueof the mostcases Of child murder OUR WHOLE' COUNTY. and Stantpod to BEUTAL OUTRAGE.-Wm: Maloney, telegraph operator at the Third District Station House,was badly injured last .tavening by a blow from a black jack in the hands of a man named Mc- Cann. It seems that Mr. Maloney was on his way home at the time. At Sixth and South streets his attention was attracted to a woman, who was standing at the comer screaming "murder." Ho went up to her and made inquiry as to what was the matter. McCann, who was 'standine near by, then drew a black jack and felled Maloney to the pavement by a well directee blow upon the head. McCann was ar rested. THE OW FRANKLIN ALMANAC for 1868, full of useful and interesting matter, will be ready in a few days. The high character which "The Old Franklin" has gained, by reason of the variety and reliability of its contents, and the useful' matters collected therein, will be maintained in the issue for 1868. The contents will all be origi nal, and prepared especially for this work, it being the aim of the publisher to make it a useful work for reference and Instruction concerning the events of the past year. HIGli CLASS PAINTINGS.—WO WOUld Cull the especial attention of our readers to the large collection of high class paintings ,now on view at Scott's Art Gallery,lo2o Chestnut street, to be sold on Tuesday, Wednesday and Thursday evenings. They are all the Importation of Mr, A. D'Huyvetter, of Antwerp, having been se, lected with great care "and_Judgraent during hie rec4nt visit among the studios of the most cele brated artists of the Old World. A EirnANGE Aer.—Joha Kennedy was before Alderinan Toland this morning, charged with Maliciously setting tire toy, crate of straw lying on the sidewalk in front - Of an auction store:at Second and Noble streets. It was alleged by, a citizen that the prisoner acknowledged that he applied,a lighted;Mateltite•the strawe .The tittild-1 ing: made a narroWeieapeftrAtt'destiuctien..:.w? prisoner was held fora WWI!, hearing. ;Cuukvs AsussruP.4Time: colored Cubans; 4 02 44 , ,zmanu e t :1 0*A%0,ton 1, 31 p, 3 0r1P and: Benito ~ Witreebefore Recorder Enett YOPtadily, ' • o f via etolen be tweedjwo and . .tbr‘ , • S* which', they' offering' .;45vety ow, It is alleged', t o ' . the Pugy to whom they - they were Ifavanas mid,. ; 7 ; ";" ,; led. The OrisOners_were_hclds, +''e:'.!"-11 prohably do' the lying statement find made. An examination of the body of the murdered child ,1410Wil that ,- it. ft a first Imams ufiiU tbs Sea be- Came blaek;'and then the culmination of the bar barity wan reached in throwing it upon the door 'and stainping upon its head. The skull was broken, the forehead being crushed , in evidently by stamping it with a heeled shoe. The hand may,have been crushed by stamping i or mayhave been broken by pounding. ' The child had also been violently kicked in the atontithi and received , injnries there wiAch alone would have caused Its death. An 'Aker was sent for immediately to arrest Lizzie Sickle, and she will be placed upon trial for murder. The case justly creates great ex citement In the neighborhood. Sint* the Rev. Lindeley whipped tar infant child to death, in Orleans county (N. Y.), be cause it would not say Its prayers, we have not heard of a care approaching the horror of this in Wisconsin. Child -murder may net be uncom mon, but happily for the credit of human nature, it is rare that the crime has these details of ferocious purpose. MEXICO. Fears Of a Volcanic Eruption. I.Corrarp•adeace N.Y. Herald.) 31rx October 29th, 1867.—"Partur4rns vtontes", r -shall we have to record ? "nasceter ridicules nuts t" We have had frequent occasion in our previous , correspondence to refer to the fact that the Penon had threatened us, and Since, in spite of our ridicule, that ancient mound in sists upon continuing her warnings, we devote a word of earnest remark upon her demonstrative career. The Penon is a mountain rising abruptly from the plain,• or rather shallow lake of water, which stretches away from the edge of this city towards the mountains which skirt the valley of Mexico on either side. The highest thereof is less than one thousand feet, and, is, believed by "the oldest reliable inhabitant" to be of 'volcanic origin, as there still,,,exist_tipon its summit the parent re mains of a crater, now filled up with lava and scoria. For several weeks the heat of the water which during the rains completely surrounds the base of this mountain has been observed to be increasing in temperature, and this circum stance, together with rumblings which have been heard, and are said to proceeds, from this moun tain, has induced the - Synntamiento, or City Council, to send a commission to examine into the probabilities of(we suppose)a repetition of the destruction of Pompeii. Several ancient ladies have actually become much alarmed. At the base of this mountain are hot springs, which have for several years been visited by invalids for real or imagined medicinal qualities; but since the threat enings of the Penon the water from the springs which supply the baths has, become so hot as to be unbearable, and are no longer visited. The City Fathers have again directed their attention to the subject, and those more intelligent Mexi cans who have heard of Herculaneum are dis ci' sing the similarity of the situation of Mexico to that city and the terrible suffering and death which the people of Pompeii and Herculaneum suffered: Your correspondent visits the locality this week, and in our nex t letter, if there be any thing of Importance to communicate in regard to it, ve Oral surelynote it. The banquet has passed off; the Secretary of the Bolivian Legation, accompanied by the son of Minister Quevedo, Mr. Stanaus, an eminent English artist, who has been several months in this country, and Mr. Pritchard, editor and pro prietor of the Mexican Standard, a paper printed in English in this capital, have left this city for the 'United States, where they will arrive about Nov. 10. The Minister from Bolivia remains here, and will meet Gen. Banks should he arrive before another ten days shall roll by. Speak ing of the banquet to this gentleman we cannot fan to call attention to the speech and toast of Minister Balcarcel, of the Interior department, who plainly and squarely acknowledged what few people of this country seem willing to do, viz.: That Mexico owned her present liberty and freedom front French tyranny to her brother republic, the - United States, ending with the mast - , "To the people and to the government of the United States, who in the time of trial were our loyal friends." We admire the humanity and farsightedness of Minister Balearcel, who said: "We will receive the Europeans among us as our friends and our brothers, but not as our masters." The indica tions are, from- frequent toasts and expressions at the late banquet, that there will be so strong a feeling in favor of moderation toward prisoners of war that the' Government will be forced to give liberty Very soon to a great majority of such as are now held as prisoners, and possibly per mit to return to the country as have been CITY BIILLETM. SI ITOSED BURGLARS.-Wm. Simpler and Jas. Murphy will have a hearing at the Central Sta tion, this afternoon, upon the charge of at tempted burglary. At a late hour on Thursday Policeman Jean dell, of the Ninth District, noticed the defend opts acting in a suspicious manner, in the nehzh horhood o f Twenty-third and Callowhill streets. When.ho approached them, they started off on a run. Policemen Morgan and Jeandell followed them for a square or two,but were distanced. Dur ing their flight one of the prisoners threw a jimmy at Mr. Jcandell. It was subsequently ascer tained that they had attempted to break into a restaurant at the corner of Twenty-third and Callowhill streets. Last evening the officers named captured the defendants at Twenty-third and Wood streets. A Jrstarnihuir Rol D.=-Daniel' Henry WAS I arrested, last evening upon a complaint made by a New 'Jersey farmer,who charges with the larceny of $ 4O. The farmer came to the city with a load of cabbages, which he disposed of for the sum named. Be then alleges that he fell in with Henry, who got him intoxicated, and then picked his pocketa. Alderman Toland held the defendant for a further healing. ADAIMED TO THE ItArt.--This morning. Mr. John F: McDevitt, of the Prem. was admitted to practice as an attorney in thetaurt of Common Pleas and the D)strict Court of the city and county of Philadelphia. Mr. McDevitt is favora bly known to a very large number of our citizens as a jonrnalis and we doubt not his connection with the bar will be as successful as that with the newspaper press has been. DONAMON-31r: Ray, the Idittyerre clerk, haft Deceived )11.5.f0r Mrs.-E0 Fuller, a woman in desti tute ciretunstances, belonging to Lynn, Maft, who is:DPW in , this city So search of herhusband,. 'who left hie home while laboring under a fit oti ineanty. The money has been given to Mrs:. Fuller. • Ifintissww.—Tße Right Rev. RobertGlarkson,. Protestant Episcopal Bishop of Nebraska, will, preach in St.. James's Church, Seventh street, above Market on Sunday morning, and present . his hearers with an account of the condition and prospects of that Interesting Diocese. 8112TICION ors Lonerivr.-:-Ilesterday after noon two young men were arrested, at Delaware avenue and pock street, open suepicion of hav ing stolen a lot of carpet balls, which they were offering to sell at a mere trifle. The prisoners were committed by Alderman Morrow M. [R. HMIt'S VINCENT.—This distinguished ora tor and reformer will lecture at Concert Hall, upon John Milton, on Tuesday; the 26tb, and , upon Garibaldi on Thursday, the 28th., Mr. Vincent is one of,the ablest orators . of the day. Morrin.v ScrotoNs.-The lecture of to-morrow evening before the Young People's Association of the Tabernacle Baptist Church Will be de livered by Bei. Robert Lowry, of Brooklyn, N. Y. His subject will be "Armed, yet defeated." AIM UNE lIIENTS. • Tnz TJEKATISZB.—At the Chestnut this evening Mrs. D. P. Bowers will appear in Marie Antoinetle. The comedy of Surf will be repeated at the Arch this evening. At the Walnut La Tour de Neste and Warm, will be produced to-night. Mr. Forrest will appear again on Monday. The American ofkrs a varied enter tainment this evening. RICHINGB' OPERA TROUPR.--.lloPitaina wail per formed last evening at the Academy of Music to one of the largest audiences of the season. The Bohemian Girl will be given this afternoon, and on Monday The Lily of Killarneu will be presented. llassmia's Coriesays.—Mark Hassler's sPcond con cert will be given at Concert Hall on Monday after noon. The following-Is the programme:. 1. Overture—La Oltana....— _.............. .... . . Brae • 2. Polka do Concert—Le premier amour, (First L0ve).......': ........ ....... —Neumann Cornet Solo by Mr. Win. Ewers.. Souvenir de Tenni:kaiser.. : ..". . .......... Wagner 4. Aria—Robert le Meyerbeer Mine. Renriette Behrens. 5. Larghetto from the Second Symphony._.Beethoven 6. quadrille. on themes from Offenbach's highly successful comic Opera, La Grande Duchesse de Geroletein (new). ..... ..................Marx 7. Overture—William Coartnsiorratcy Comansi.—By reference to an ad vertisement in another column it will be seen that a complimentary concert has' been tendered by a num ber of prominent gentlemen to Mrs. Josephine Schimpf, whose attainments, as a musician are well known in this community. The offer has been ac cePted, and the concert fixed for Tuesday evening, December ad, at Concert Nall. An attractive pro gramme will be arranged, and Mrs. Schtaipf will be supported by a number of popular artists, so that a performance of more than usual excellence may be ex pected. Pm"Amman:HA. Crnotrs.—A line performance will be given this evening at Tenth and Callowhill streets. CONCERT HALL—Professor Macallister will give an exhibition of legerdemain at Concert Hall to-night. He will distribute presents among the audience. NATIONAL HALL..--The Banyan Tableaux will be ex hibited at National Hall this evening. BLEvrazu &mazy OPERA Housx.—A very attractive bill is offered at thin house to-night. Pnruanezpnre Orem. Houraz.—The minstrel troupe at this establishment will appear in some of their choicest performances ttda evening. Brxrz.--Signor Blitz will give an entertainment this evenine at Assembly Buildings. 1) FA ti llla Dil :ill gi 01 Dill NI Bal PORT OP PHILADELPHIA—Nov. 16 Plr Bee . Marine Bulletin on Seventh Page , ARRIVED THIS DAY, Steamer Diamond State, Robinson, 13 hours from Baltimore. with mdse to J D Ruoff. Steamer Richard Willing Cundiff, 13 hours from Baltimore, with mdso to A droves, Jr. Schr John 11 Perry,Kelly, 3 days from New Bedford, with oil to J B Allen. Schr J B Smith. Williams, 5 days from New London: with stone to captain. Bohr I H Marvell, Quillen, 5 days from Richmond, with old iron to captain. Behr M E Roalthill, Rockhill, Jersey City. Schr Jos Porter, Burroughs, Norwich. Schr Sarah Clark Grilling. Norwich. Schr H W Benedict. Case, Newport. Behr A Tirrell, Atwood, Boston. Schr J G Babcock, Price, Boston. Bohr Eliza et Rebecca, Price, Boston. Bohr S Edwards, Garwood, Boston. Behr R Law, York, Providence. Behr R H Wilson, Harris, Providence. Bohr Emma M Fox, Case, Providence. Schr W M Wilson, Brown, Providence. Schr C Stetson. Somers, 'Braintree. Bohr Revenue, Gandy, Mystic. Behr J S Weldon, Bowen, Bristol, RL Behr H W Godfrey, Sears, Salem. BELOW. Bark Horatio Sprague, from Cardiff. CLEARED THIS DAY. Steamer Whirlwind, Harding, Providence, D S Stetson & Co. Steamer MUlville, Neuear, Mlllville, White!, Tatard & Co. Steamer Decatur Young, Baltimore, J.D Ruoff. , Brig Idella. Davis, Liverpool, Workman & Co. Brig Five Brothera, Thurlow, Rey West, Warren, Greg &Morris. Schr H W Brown, Rodman, New London, J C Scott & Sons. Behr Caroline, Tice, Miliville, Whiten. Tatum & Co. Behr Mary, Carle, Bridgeton, J Mason & Co. Behr M E Rockall, Rockall, Washington, Caldwell, Gordon & Co. Schr H W Godfrey, Sears, Georgetown, DC. do Behr Jos Porter, Burrougha, Providence, Rommel & Hunter. Behr Sarah Clark, Grilling, New London, do Schr R H W iieon, Harris, Fall River, do Schr Revenue, Gandy, Pall River, do Behr Nellie True, Burnes, Boston. Blakiaton, Graeff & Co. ' • Behr Eliza & Rebecca, Price, Boston, Quintard, Ward & Co. Behr R Law, York, Stonington, Sinnickeon & Co. Schr Caleb Stetson, Somera, Braintree, Caatner, Stick. ney & Wellington. Scbr Emma M Fox. Case, Norwich, do Scbr H W Benedict, Cue, Greenport, do Behr W Dl...Wilson, Brown, Providence, Hammett & NeUL Behr J 8 Welden, Bowen, Washington, captain. MEMORANDA. Ship Horatio, Palmer, cleared at New York yefor.. day for Shanghae. Steamer Britannia (Br), Laird, from Olasgow via MOville Oct Al, at New York yesterday, with 264 pas son_gova. • Bark Templar,from Rio Janeiro via Delaware Break- Water, was below New York yesterday. • Brig Oyen Bea, froombe. from Bangor:tor two port, At NOW York yesterdaY.: ;• • • fichni Willow Run, and. Jam O McNees. Joluadon, hence at Providence 3.4fhitgfahe latter for Pawtucket. Behr Henry May, Franklin,l,eger. gal HiTer 14th instant. t_Sclas American Bligie..ser. and Trade Wind. Hoffman, sailed from rrostd 00 14th met. for this port. , Behr T Wines. Mae; biantedat Newport 14th irot. . bar J Nickezr,p keno at on Rives - mSantm Ma. • inerva slt ht. Abillf. peace for Boston, on the 11th Mat, 18 MA* Ing gemegat, encountered , a severe gale, sprung , and was abandoned. The captain said crew were eatfe4end have arrived at NeW IfOrki • E Z. nmENTON. Patikr. TRICE THREE OENTS:. FAKIMI AVID Ir&Pleirilio —Ntrs. Lincoln. thinks of gains to Washington. —..lohn Stuart-MEI Is coming hare. —The Empress of• Austria is distarbed becomes' the Emperor visited Nancy, with Louis Nap. —A Louisville poet calls Edwin 'Booth au " perial wizard." Liszt r ioratoriO of "Christ i ' utterly failed in Borne. _ —The Chicago , Repuolii can ; pit catilkits pro— prietors $.00,000 above receipt.` , t,, —A young girl was found its ,titer streets of Buffalo, suffering from delirium tremens. 4 , —There are but three Triabiateifirrtlie Pbriiittleat service. —Julia Ward Howe has written a titruziodkr on Governor Andrea.. —A. T. Eltewart broutrht home from , Frame=s $7,00 carpet for his house.• the—Srigham Young has fifty more wine than Salton oft . —Dore Marshall's portrulj!,olpomoln biker place of honor in his, studio. ' —The Prince of Wales* was 27 . years oktiust Saturday. —Clevtr pickpockets arc said to be ther, WS% men to disperse a crowd. —An Irish friend. suggests • that the Reunite; , movelifentl i mast be, a popnbir ,one, because MSS ; the Paypitising.• —The statement. tkat , Pollard , tifu"k - eltotabr ex-Governor Wise was an error. It was oilier— Wlie. —A Chicago diVet, poured cat* glass of raspberr•y l pte, it and MIA. Het had vat. iii some pe —Parra t and-his officers were. "sinotiteted; with kisses" by female Swedes. SinuSict•tootilet sulte.—Ex. —The Indian on the border 'has buried the • hatchet. It was in the brain of an 'Otnaha ped- dler„ bound West. • —Mayne Reid is in Newport, but declines. to give any public readings, saying that he didult• come here to make a literary showman of himself. —Bergh is reported , by . the Buffalo Courier to be intending an arrest of the. Democratic party ' for beating the Republicans so badly.—Er. —A New Haven tippler book a dose - oinitiria acid fcir whisky the other day. The taste was not strange, but the after effects were. —Deerfootom Indian, *who nm-a race in De- • troit last week, madea quarter of a mße • in one minute and a quarter. . —Providence, R. 1.. is tit kaftan. B;oaquaro • feet ak sting rink. The leading mentofo tketity - have taken the matter in hand. —Who: is Geerge Francis Train like a broken . musical instrument? Because tera an ishazuloned —harp, for instance, .• —The daughter of Lola Monte; whopis to ap- • pear upon the stage in Paris i is , also the flanghter of Mons. Dujarrier, the rightlituad man ofEcitile- , de Glrardin. She is said •to be fiery beatttiful, —One of the gnarls who condeeted Lanka Xlif. to execution has Jest died . He was ninety•Sve years oldf.-There•ttregnictg er-lived men in France. - • , , , —The London dog law went/ado operation•on - the first of• November, and , Wk. Wm:We:AV door are now caught and elaugidered by the, We want one here badly. ; —Aproßos of eonfiscation,.thoaticagorribunst pointedly asks why'a man should buy ItindSiitit. • • a lawsuit and a feud attached, ntiten hecan have a farm by settling on it in die Northwest. • —ln digging a well in Howard ccranty, Mbe , souri, the workmen came asthma a vein of coal. The owner thinks he can -get along. without water a little longer. - —Oil tubes • have been hid" across the Alle gheny River to facilitate , tlic;.aldpment of pe troleum. They are , imbedded- 1u the bottom or the river. —The Universe, of Paris; neon- that the Ameri can Consul in Rome foughtintbabattle of Nerols. by the side of the Papal troops} and was slightly wounded. • —A clairvoyant in Beaveritam, Wis., adver tises for several articles she has, lost. Her sight is not sufficiently clear to enabie her to had . them, though she can tell, other people where they may discover their own" property. , A. French feaiiktoniato has discovered a copy book in which Napoleon I. Ivrote oat with his own hand the geography tbb'world- It lain complete, but it is very cations that the last line should be "Sainte Helene (petite isle)." Tennessse 'paper remarks that about the doors of every corner grocery in, that region may be seen hall, a score ormen smoking cob pipes and demanding vehemently , : "Where the shall we get lab orb) raise our cotton F." —Sir Richard Mayne chief of the London police, has just decided 'to have the imilee an& Are Stations connected by telegraph with his headquarters. England is not over enterprising in some matters. —Berman Schwartz. airi ,e • at Richmond the other day, from • the olluarnett, and; at tempted to pass a twenty dollar Confederate note, not knowing, it in said, that the war wan over. ' ' ' —A young woman ot* Norwich, Connecticut, who had forgotten the commandment, against stealing was yet so impressed with serip,turat instruction 'that she was found in her cell whit- Wog army' &Von° of , her wrists,,in obedience to, the injunction, "If thy band joffend thee, cut it off. —lt is said that Louis Napoleon proposes to. affiance the Prince Imperial of France to Giselle,, the youngest daughter of the Emperor. of Ana+ It bas already, twice happened that MI alliance of this kind between France and Austria► has been followed by the downfall of the Frank. reigning dynasty. —A North Carolina rebel was relatinghow "thet Yanks" fired upon his company while marching through a thick wood. They gladly obeyed , sae order to lie downy but there was nothing,* shield them from the terrible volleys of the. MO my. "Why didn'tyou get behinds a, tree?''ltskoik a listener. "Tree the devil," repPedßeb, 4 4them wasn't trees enough for the °Mame —Large numbers of buttons am made from the bones of Egyptian mummies. The EdO, Pa„ Dispatch cautions little girls whoptit, buttons in the mouth against showing sunhAlsrespect to the Pharaohs ; besides; the y might imbibe, a great deal of wickedness In this way, as-the evil that men do is buried with their bones, and some of the Egyptians were desperately wicked. —Some savant who no doubt thought be was 'serving a useful purpose, has Nxm 'investigating the vitality of a rat's tail. Having amputated It, dried it under an, exhausted! receiver aad again in an oven far about ton days, •he united .it,.,tot the freahly cut stump of another rat t and at the end of three months, IC he la 4 01 00 bnliew_olir n beholds the healthy adopted " ," 4_,. nnkninfir two. A pretty hard talc: , , , ~., . —Timothy ricket t if , giros a t e4 o 4 6 :*4 o iint of the food spread b oro the - . a ola , ar vard College* 1769. The standing sa: fresh beef baked, now and = im ialii_aal) 'hank ' Indlan•meal PllddloF , and at puta pa4tdiinet once, a quarter. i d t" ' ; 51 4011P-'14 4 17 'kid , (Illatale choice of meat or p_me, 0ry,,0, , , plot *V 4 1 , slice r of , breed .. No tuautlen of ' , eff. 3. “E v i t ry scholar canted. to' the dlnkag- _ !id., own knife and fork, and, When be iFyx dined wiped them on the ,11tber , .eito , thr '', '' -•, : : , i ",. 4. —lt is a grteatickt; lv,lk , Or. toCeater dril_iirki thing for Daly ?', ' ' g 'OfIC ? ' 1111*°4 1 , 47. ): dramatise, or wit' • " , hat t ....., Ida hitt. lta • ' tba laurel wren latritokoa it, —ro. I .Theiy . ' „, dramatist drew Idaitetailitrough4klloeoPhr ‘ Z., I se POl 4 dhlttetkni and arodaw tit, ,a, bit cd• og ~, !A, while the "cam 1170M* sad" 14....p_. beautifully ediefal) ed AVlkett; eS Jan '• W. <, roll "Woe" the ' de et. ort do heroically Oalla the rot a shorder o '''r'' c, '',' eat tirtillarl. The e ' - ce; , :thei god,' mil g irls. —all th ere! , aro. more thhigii! ' er,p , v erni tr"ln thought in his phllatiotthii—i 1411011.ElNii {. , =lll2 =IIMII .... , .... ,, f,;i:::..'il" 7 -. , . ~, , , '4i. 4 i. ...."4.i:1•4.', - ; , ;,•;';'. • ....., -... ,:,- i , . ,, , , ,• t•.!• •:,`;- 41; f. c 4 !ta•;T`-;'