Daily evening bulletin. (Philadelphia, Pa.) 1856-1870, November 16, 1867, Image 1

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    GIBSON PEACOCK.- Editor.
VOLUME XXL-N0.,190.,
, • f y.R ll O l l4. NEED ; 1 #5 1 4% E Vi q uc!; l
(kiiidays excepted).
807 Choctaw* Street, Philadelphia,
'ex Tar '
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„ • , , ,
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,
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.
We, the ututerdgned t having bad occasion to use in our
would not in thef dare use any other if they could be ob.
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
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
sfir• LEA. SF:W.MAN IfALL, b. I).,
• !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
1': M.', Presbyterian Omni:, sEVENTEENTIA and
7 P. M.. Green Eitreet M. E. Cherce,QßEEN dtreet sear
t3t; P. 74., Bethel x. E. :).arch. SIXTH and LOMBARD
Streets'. _ • ltl
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 .
at 1031, and 3;4 o'clock
316rcust street. above Fitteenth.—Preaching to-morrow.
ut 10 sA. M. and 7% P. M.. by Rev. J. B. Beaumont. it•
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
nreaehf l'• M th'is church to.inerrow. Services at 10 , , A ft
0 , ROVI.
dente. IL L. will p read) iv the Broad Street
Baptist Church. comer of Broad and Brown atrtets.t
morrow at ICI% A. X. and 7;-..; I'. M. Ito
( 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.
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.
- --
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.
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
Church, Tutpatocken Ana Green atrettn.---Preach•
ing to-morrow st 1034 A. M., and XI., by the P.A.! .
Rev. Dir, linulr. It"
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°
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.
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.
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.
1115-11 r God."—A sermon on this subject Tomorrow (Suz
ittgiteErget el t ngt st y e Rev .
belowf I Ili e a7" u h , ! . ! tl i fi
,scats f i r l ee. writhe public cordially invited to attend_ 1t•
'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. - .
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.
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..
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*
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.
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
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.
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.
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
m tq araetloe as an Attorney is the
on et Court and yommon 1 Conn or
county of pkilsdowida. . en of the city and
tre r tl trititlS. I:getP2Leefa Department—Mem
cii "
""gprw'vwel gratadt9wAY ti) the
. .
y am/
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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
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
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
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
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
POPULAR Lthrt;ll63
• owon.
will deliver his Great Lectures, under the auspices atilt)
Young Men's Chadian Aanociation, on
The Scholar, the Poet, the Putrtot—the prodigy of his
own age, and the fiery of all time; and
And the Italian movement for Unity and Freedom.
18 , 07,
At 8 o'clock, P. M.
TICKETS FIFTY CENTS. No extra ctiarge for reserved
Tho sale of Tickets wHi be in MONDAY HORNING,Infh
Inst.. at ASHMEADI3, 7/1 Chestnut street. n0164t4
WILL tzeird - RE Ili
LQ C 1 ; 1 1:f -St-I*W
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.
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.
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
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
. .
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
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.
An Infant Beaton
Death by a Young 1611r1.
(From the Dubuque Ilerald4 18th.1
Oueof the mostcases Of child murder
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
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.
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.
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
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
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
[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."
• 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
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
Plr Bee . Marine Bulletin on Seventh Page
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.
Bark Horatio Sprague, from Cardiff.
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 &
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 &
Behr J 8 Welden, Bowen, Washington, captain.
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
Behr Henry May, Franklin,l,eger. gal HiTer 14th
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.
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
—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
—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—
—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
—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
beholds the healthy adopted " ," 4_,.
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
{. ,
.... , .... ,, f,;i:::..'il" 7 -. , . ~, , , '4i. 4 i.
...."4.i:1•4.', - ; , ;,•;';'.
• ....., -...
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c 4 !ta•;T`-;'