GlßSfflff PEACOCK. Editor'
VOLUME XXIH-NO. 101.
•OARTH-CLOSETfi, COMMODES AND
WM-roon with A. H. FBXn.
OISQUa *Co., Sl3 Market street. ooU thiSAUdUHt
WE»D I N G CARDS, INVITAtIONS
wlLifr ttTU<l »< *«. »«w styles. MABON AOO -
fanlMfl , 807 Cheat pnta treat.
WEDDING invitations bn
wAw^?* T# o, in „t h * “«»«•> beet manner. LOIfXS
DBBka Stationer and Engraver, 103 J Ohestnnt
»*”«*• ■ . fe»tf
■ ; MARRIED.
.THORNK-BKCKWITH.-In Hew York, November
ljitli, bjr Iter. John Murray Forbes, D.D., Wfnttirop
Thorne and Frances Adelaide Beckwith, da tighter of H.
31. Beckwith.
_ VAKI>IsyKBE-BOBIOAM/-On the 17th lnst.,by the
Iter. Jared 11. Peters, Georgo W. Yanderere, of Hew
> ork, to Kate T., daughter of Charles Bubleam, of thu
city. . *
. DIED.
‘» A Jli*®;-On Thursday morning, lBtb Inst.,' John B.
A. Allen, Jr., aged 29 years.
The relatlven and friends are inrited to attend the fu
lit'i-81, from the rcsldonce of big mother-in-law, Mrs. J.
At . Oo(T.170p Summer etreet. on Monday, 22d lost, at 2
o’clock I*.M. ' ►.
CAVKHBKB—On^ Third-day morning, the 16th Inst.,
at Brower Mine, B. C„ John U. Cavcnder, In the noth
year of his sge.
Ilia relatives and friends are invited to attend his fu
neral. from the residence of Thomas «. Parrish, 44 North
Tw-entieth street, on First-day afternoon, the 21st Inst.,
atzo'clork. Interment at Fair Hill. *
COTTMaN.—On Friday morning, 19th Inst., William
tottman.
The relatives and friend* of the family are Invited to
attend iii« funeral, from hie late residence, Jcnkintown.
Montgomery county, Pa.,on Tuesday morning, the23a
Inst., at 10 o’clock. Toprocoedto Hartsvllle Presbyte
rian CHiuich. Carriages will boat Jonkiotown Button,
to meet the friend* of tno family on the arrival of the 8.46
train from Philadelphia. m *>-
I>URAk.—Oil the iBtbin«t„at Greenbank* Burling*
ton, N, J., suddenly, of disease of the heart, Bophronta
W.« wife of Enoch liurar.
Funeral to leave Burlington, N.J.,by care, oo Tues
day morning, the 23d Inst., at 10 o'clock. Toe friends
will meet at the office of Wnu H. Moore, 606 Arch street,
at IJ)£ o’clock. To proceed to Woodlands Ometsry. * *
UKANGEU.'~OiUhe 19th inst., Laura V., wife of John
C, Granger, in the 24th year of her age.
The relatives au<l friends of the family are respectfully
invited to attend the funeral, from her late rct»ixieuef*,<V3
Clinton street,ou Tuesday morning, the23dinst..at 11
o'clock. To proceed to Laurel Mill. [ Baltimore papers
please copy J '
llOPKlNH.—Suddenly, on November Ist, at Tartna
kelly. Ireland. Kev. David Hopkins, Pastor of the Pres
byterian Church of New Rochelle, N. Y., in tbeftlth
year Of his age. : ; •
MAtfOti.—On Friday evening, the 13th tost., Rath
Anna,wife of JMward Ma»xm,in the 34tb year of her age.
The relatives and friends are respectfully Invited to
attend her Itinera!, from the residence of nor mother.
Mrs. T. A. Stroud, No. 112 North Seventeenth street, ou
Tuesday, the Ski iota, at 12 o'clock. "*■
MtCrbLAGIl.—At Germantown, on the 16th iust>,
Man W., Wife of Robert P. McCnllagb.
The fdueral will take place this {Saturday) afternoon,
ot quarter piust three o’clock, punctually. *
SIIKHAKKB.—On th»j Itthlnst., Henry G. Bhedaker,
iti the anh year of hi* age.
fils male Franklin LodgeK.of I*.. No.
42. are respectfully invited to attend Ills funeral, from
the residence of h h brother, Benjamin 11. Bhedaker* No.’
i/26 North Eighth street, below Girard avenue, to-mor*
row <Sunday) afternoon, at 2 o’clock. y
Mourning dry gooi>*v
iIESKON 1 fcON have jort received
Sca*t** Ma-ck MI-wool Poplin* 1 62 Jit 73,87Kc.,_4c.
3 “ *• . Ottoman Poplins, £1 25. $2,4c.
2 “ *• Poplin Biarritz,all qualities*.
3 raaeebb' k donMe*«rarp alpacas, and 75c.
3 Gres grain Silke, $1 57}«, $2, ©2 23,
S*DJ.Ac.
2 caws black Thibet l+on% Shawls, full and extra
sizt*+ '
l«aK*M*ck “ “ ueinmed border*.
1 cut* Meek English Bombazine#, all qnalitie*.
WHOLESALE AND RETAIL MOURNING DRY
GOODS. HOUSE. „
nol f '-Cts •. ttld Chestnut street.
Water proofs forsmra ~ rr '™"~
BLACK AND WHITE BKPELLANTB,
GOLD AND BLACK BBPELLANTB.
BUOWK AND WHITEBEPEbDANTB.
JSTM & LANDKLL,
Fourth and Arch.
RELIGIOUS NOTICES.
ITS* HE KM ON TO YOUNG MEN,
uwJftr the auspices of Uit? Young Men's CUrUtian
A*nx'iatlOH.
Rev. JOHN CHAMBERS wltl preach n uKrznooeepo
ciallv to vom.RDIC'D, to-morrow (Sabbath evening) a£
7J* o clock, at hUclmrcfa, corner of Broad tmd&utoom
utnM'i*.
3!f<9dlr blocks' reserved for young mad their
friemfci. MEDICAL BTDDENTB end BTBAXGERS
in the city are cordially invited to attend. lt§
ITS* ST. JAMES’ CHUBOH.—T H E
doting eervicee will be held in the old Church
ou Sunday, mt 10>i A. M. and 4 P. 31,
The Offertory at the lioly Communion will be devoted
to thenew Clmrcfc.
Sermon fi> the morning by tho Sector* the Bor. Dr.
Morton, appropriate to the eccseion. H*
|TS» CHUBCH OF THE MEDIATOIi-
IKsT Ni&cteeuth and Lombard street*.—The Anolver
•ary of the Parish Missionary Societies To-morrow
Evening, at 7% o'clock. Addressee by Dor. Dr. Howe,
Be?. Dr. Newton, Bev* J. A. HarrU. and Her. W. A.
Newholtl. The Animal Reports will be read* and a col
lection made for Missions. It”
ma£ t s masters.—uxdeb the
■Kiy auspices of EO. of Good Templars, Her. Wm. It.
CuUUs will preach the second sermon of a series to-mor
row<BumUyhat7% P. M., in tbo Church Melon street
(below Coates), above Twelfth. Morning service at 10%
o'clock. A cordial invitation to all. It*
|p3» THE BISHOP’S FREE CHURCH,
Uy& north side Spring Garden, below Broad.—Sun
day evening, Bev.J. W. Bdhham will preach outh -
•*BymboliciCT Import of the Glory-Killed Temple- ’* The
fourth of the series on the Ttujpls, Its Altars,Priests
and Sacrifices. Service. 10AO A. M., and7AO P. M. [U*
CENTRAL CONGREGATIONAL
Uriy Church. Eighteenth and Green streets.—The
Pastor. Rev. Edward Hawes, will preach to morrow at
10% A. M. and 7% p. 31. Snbjeot tor the evening—The
Tcndfir yto Lapse into Old Habits. The public cor
dially invited. • ' It*
SIXTH PRESBYTERIAN CHURCH,
.Bv-y’ Bprnce,below Plxth street. E«v. C, A. Brigiru,
ofTrentou. N. Jv, will preach at o'clock A. M.,
on “Jeans, the Light of the World,” and at 7% o’clock
tho Head-toue of the Corner.” It*
«v<^ : UNITARIAN GERM AN*
town.—Thanksgiving discourse to-morrow morn
ing. Subject— u Thu Past and Present Condition of
Women.” Leetnro in the evening. Subject—“ Francis
of the Christian Ascetic.*, It*
ITS* ALEXANDER PRESBYTERIAN
lh£r Church. Nineteenth and Green streets.—Rev. Dr.
Nathaniel West, of Danville Theological Seminary, iB
expected to preach in this church on next ? Sabbath,
at 10% o’clock, A. M-* and at 7% o’clock P. M. U*
THE FIRST PRESBYTERIAN
lh£r Church,Washington Square.—Rev. Herrick Jehu
pon, P. D.. PUfitor,wili preach to-morrow, at 10% A. M.
and 7% P. M. The third of the series to Young Men in
the evening; subject—“ Success and Failure.*’ it*.
FIRST REFORM ED CHUftCH,
corner of Seventh and Spring Garden streets.—
Bev. Thomas X. Orr, Pastor, will(D.V.) preach to
morrow at 10% and7>a JP.3I. It”
AROH STREET M. E. CHURCH.—
Bishop Aines to-morrow, at 10% A. M. Collection
for Church Extension. Rev. V. A. Cooper, of Provi*
denceConference, o.t7jH» P. M. Strangers invited. lt_
THIRD REFORMED CHURCH,
Teutli street, below Arch.—Rov. C. Wadsworth,
D. D. Services at 10% o’clock, morning, and 7%, eve
ning. . R*
NEW UNITARIAN CHURCH,
IKsy' N. E. corner of Broad and Spring Gordon streets
(Hal! of Spring Garden'lnstituteMtev.Win. H. Thorne,
Pastor. Service at 10% A. M. no6,s,fit"
BEV. E. E. ADAMS, D. D., WILL
IKir preach in the Western Presbyterian Church,
Seventeenth and Filbert streets, Sabbath, at 10)4 A . M.
*odB)4P. M. It-
CHILDREN’S CHURCH. THE
IKjr next Bermon to the Young on “Nature’s Won
ders," at the Church of the Epiphany, to-morrow after
noon at 3 o'clock. It*
jv-3«r CLINTON STREET CHURCH,
IKS' Tenth street, below Spruce. Bev. Dr. March
■will preach to-morrow (Sunday) morning at 10)4, and
Bov . Dr. Heed in the evening at 7)4 o’clock. It*
rp§» TRINITY M.E. CHURCH, EIGHTH
aboveßace.—Rev. Dr. Nadal at 10)4 A. M., and
Bov. L. 8. Tweed, of Now York, at 7)4 P.SI. Strangers
Invited. ■ • " It*
SEVENTH PRESBYTERIAN
UtV Church, Broad street, abovo Chestnut.—Bev.
■DoO.TimUnv. ofAmiiy, N.-Ywilipreaeh to-morrow,
Slat instant, at 10)4 A. M. and 3)4 P. al. , It*
■b-SP OALV A R Y PRESBYTERIAN
Church, Locust street, above Fifteenth.—Kev.Dr.
Humphrey, Pastor. Services at 10)4 A. M. and 7)4 P.
M. • no6s-4t
SECOND REFORMED CHURCH,
[Mr Seventh street, above Brown. Bev. James G.
Shinn will preach «n Sunday at 10)4 A. M. and Bar.
'Alexander Scott at 7)4P. M. It*
SPECIAL NOTICES.
irs» MAGIC LANTERN FOR SALE,
IKS' at half cost, complete In every particular; boxed,
'By exhibitions, a person could make a living, bolugsnf
lielent for throo distinct lectures. 116 Scriptural, 17
Patriotic. 19 Fancy, 60 Fish and Animal Scenes. Alsa,
S; Thief-Proof IIWN CHEST. Iron-lined TRUNK
twelve-foot xABLE, Bix, DRAWERS, SCALES for
weighing gold or sllvor.in glass cose. W. HARPER.
346 South Fourth Btreot, Philadelphia. n0202t rp)
«pS~NORTH PENNSYLVANIA RAIL-
AND GREEN LANE STATION.
are seeing without advance in & , .
‘ noft-lmrp.s OBcolS South Bovouth street, Phiia,
ailj €l)cninu fhilletin.
SPECIAL NOTICES,
A CAPITAL INVESTMENT
■' WITH ' ■"
good security
AGAINST MISFITS
May now bemade in
WINTER SUITS
Of Melton, Bilk Mixture and Cheviots.
WINTER SUITS
Or Plaid, Stripe and Diagonal Cassfanere. -
W INTER SUITS
With Double Breasted Walking Jacket. *
WINTER SUITS
For Evening Dress, ready for Immediate Use.
AT
JOHN WANAMAKER’S,
Chestnut Street Clothing Establishment,
818 and 820 CHESTNUT STREET.
[£p», JOHN B. GOU O H
ACADEMY OF MUSIC,
MONDAY EVENING, Decembers.
Subject—“ Circumstances.”
MONDAY EVENING. December 13.
Subject—“ Habit.”
henry hard beeches.
Subject not yet announced
TUESDAY EVENING; February 1.
HORACE GREELEY.
“The Woman (|ui-stion.‘
TUESDAY EVENING, February 22,
These lectures will be delivered in the Academy of
Music on the days named, for the benefit of the Young
Mon » Christian Association or Philadelphia.
T Tickets tor the course of four lectures will be sold at
Duffield Asbmead-shook .tore. N 0.724 Chestnut st..on
Tuesday, Nov. 30; Single Tickets, on Wednesday. Dec. 1.
Deserved Bents, Course Ticket., §2 60' Single Tickets,
jS cents. Family Circle,so cent*.
no2o 24 27 29rn5
O* LECTURE
B-V
HON. WIIXIAM ». KELLEY,
CONCERT UALL.iCbestcnt, above Twelfth),
TUESDAY EVENING, Nov.23d*l*9,
Commencing at Ki#ht o’clock.
Subject— -‘Thb Pacific Coast. 1 ’
Tickets, to c*bUj. Reserved Beat*,7secuts.
ACADEMY OF MUSIC.
. hc D .^l e c|^-S^ of lectuees '
Hon. CDABLEB BCMN'EIt, Decomber 1.
Ker. BOBT. CObbYEA. December 3.
BJAHK TWAlN.December 7.
DB COBDOVA, December 9. *
WENDELL PHILLIPS. December 18. *
Ticket* at GOULD'S, 923 CHESTNUT Street, no! tfrpj
KP* SWARTHMORE COLLEGE.
A Magnificent Drawing on Stone,
By THOMAS MOBAN,
Ottbla ucw and beautiful COLLEGIATE INSTITU
TION of the Society of Friends.
Size of the £icture, 14 inches by 6 inches, trice, «1 00.
For sale 1#
URIAH HUNrS SONS,
no!s-m w s 3trp§ 62 North Fourth Street.
jps* Notice.—apeelcat njsr^wmc
be made by the undersigned to the Depart
ment of Highways, No. 104 South Fifth street, on MON
DAI . 29th mat., at 12 o'clock M., for a contract for oar
ing Cherry street from Twenty-third street to the River
Schuylkill, in the Tenth Ward. All persons interested
may attend at the time and place if they think proper*
the following-named persons haying Bijcued a contract
for said paving, viz.: IT. \v. Gray,Dr. L.B. Filbert,
Mm. Cr. Boulton, Townsand & Hubbard.
_ , DANIEL McNICHOL,
no2o 3trps 1 Contractor,
IP3* KOTICK.—APPLICATION WIXiL
be made by the nnderoigncd to the Department
of Highways, No. 104 South Fifth street, on MONDAY,
thp 29th Jnst., at 12 o’clock, 31., for a contract for paving
Thirty-fourth street, from Market street to Chestnut,
in the Tweuty-eeveutb Ward. AH persons interested In
hait! paving may attend, at the time and place, if they
think proper, as the following-named persons have
sismed u contract for said paving, viz.: Martin Books,
John Lynch, J. W. V&nhonten, Thomas'Clegg, Henry
8. Gabriel. MICHAEL CUNNINGHAM,
DANIEL McNICHOL,
no2o 3trp_ _ _ Contractors.
nrs* PEIiSONS ‘ HAVING CLAIMS
Against • _ *
the ' , „
REPUBLICAN INVISIBLES, * 11
oM’biladclphia,
are requested to present them, for settlement, to
EZRA LUKENS,
Treasurer Republican Invincibtes,
Treasury Building (second story), Library street,
above Fourth. lt§
AI7tJMNi”GIKARD COLLEGE!—
Tin* ceremony of unveiling the statue crectod to
tl«e memory of graduates killed in the war will take
place on WEDNESDAY, November 24, im , at 2)6 P. M.
The Board of Directors cordially invite ail graduates to
be present. Badges to be worn.
A. S. PRITCHARD,
• Secretary Alumni.
ITS* HALL VOUNG MEN’S CHRISTIAN
ASSOCIATION, 1219 CHESTNUT STREET.
1 ,ll “ Association will bo held
next aiONDAY EVENING, at 6o'clock.
Essay by Bev. 8. H. DAY.
Subject; “ Modern Rationalism.”
Onestlnn for Discussion: “Is there anything in
Modern Rationalism that a Christian can adopt f”
Recitationsby Professor RUFUS ADAMS.
„ Vocal and Instrumental music.
The public are invited. ]t;
ABOLITION OF CAPITAL PUN
IKcy 18HMENT!
Hon. MABVIN IT. BOYEE. of Wisconsin*
HARMONIAL HALL. Eleventh and Wood,
Nov. Md, 23d and,2lth. at I'.i P. K.
Each Lecture 25 cents, or SO for Course.
PENNSYLYANIA PEACE SOCIETY. Third Anni-
Httil, 23d and 24th inat. Senator BOVEE,
LUORETIA MOTT, C. C. BURLEIGH, and other
speakers. Free. no2o 3trp*
JV-S. LECTURE BY JAMES B. NlOH
olson, Esq., at Concert Hall. on FRIDAY, Nov.
26th. Subject—His recent Overland Trip to San Fran
cisco. Tickets, 80 cents. Reserved Beats can be pro
cured at Trutnpler’e, No. 926 Chestnut Streot, without
extra ebargo. no2o s w th 3t rp"
HOMCKOBATHJC HOSPITAL FAIR
IS NOW OPEN AT
, horticultural hall.
Articles m every department of Fashion .whether for
use or ornament, will bo fonnd in great variety upon the
tables, at sunply remunerative prices. I
The Restaurant Is fully organized for supplying sub
stantials os well as delicaoies.
Mnsic every evening, under Carl Sontz’s direction.
It is hoped the public will appreciate tho efforts made
to furnish an agreeable entertainment through which to
obtain the means for the groat object In view: i. o.: tho
erect ion of an Hospital open to all classes'.
Fnir will bo open -on Thanksgiving afternoon and
evening. - ■ . nol7-Bt*
-=?> J .4 D »? LPHIA ORTHOPjEDIO
iitjyHOSPITAL, No.. 15. South Ninth • Btreet.—For
treatment of Club .Foot, Spinal, and all other Bodily
Be form it 108. ' • ■
Cllnio every TUESDAY Ana.FBIDAY, from 11 to 1
Services gratuitous to the poor.
„ ATTENDING BUBGEONS
Dr.THOS.G.MOBTON.
Residence, 1421 Chestnut street.
Dr. H.E. GOODMAN, ’
1487 Cheetnut street, r
HS* HOWAKD HOSPITAL, NOSTI6IB
F andUMDombard attest, Dispensary Department,
to in»poor roatm6nt * ad moilcln9 ,urnlflll6(1 gratuitously
irgw CAUTION.—ALL PJSHBONB ARE
WvrF hereby cautionod against negotiating for the fot-
IswlngNstes and Certificates, the same having been
stolen from the Undersigned: A note for #5OO, drawn by
si..-Ms*' J2t? rc K. of “• w -Tencr, und by him endorsed,
i S*£* Ipreo months : athirty-aaynote,drawn
by K. D.M Inter, for #100; a tjhirty-day note, drawn by
g^9«pol«»o,fyrim ; all drawn in favor of John
Welsh, but not endorsed. CertillcatesNos. 11.22, 23and
i?’four shares each .of Americus Club Btock, end
No, 34, for two shares of the seme. . ■ .
JOHN WELSH,
. . . - .33t South Fifth street.
05", tI HOIiDING
“jSr Itfhlgh Valley Itailroad Company recoipta for fall
ptld atock-from Noa.> Ito 1,241, IncluMve—oan rocelre
ccrtfflcatcw of stock In oxchange therefor, by aspirins at
the office of tbe Company, No. 3U3 Walnnt stroet.
no!s-6trp ■ CHABC. tONGBTIIBJ'M
|qp» 1109 GIRARD STREET. J 10 9"
TMIKIBH, BUBBIAN, AND PEBFUMKD BATHS.
_■■ . Department* for Ladle*.
_ Bath* openfrom 6 A.M. to 9P.M. pltfra
ft"2S* WILLS OPHTHALMIC HOSPITAL
BAUE ABOVE EIGHTEENTH STREET.
Open dailp at 11 A. M. for treatment of dlgesue* of the
’ _- _ aTTENDfIfe eDEOEOM,
D*e B. J.LEVIH, N. ff, cor. Thirteenth and Arch
MARAOBKU,
f 323 Walnut streot.
SWANuER, No. 1333 A rob street.
GKOBGkSv. VAU&HAN, No. 200 Bichmoud street,
oc9*swtfrj>§
o TICE— PARTIES HOLDING
y all ev BailroadCompany receipts for
full paid stock—from Nob. 1 to 633. inclusive*-—an re
ceive certificates of stock in exchange therefor, by ap
piywf! »t th© office of the Company .'303 Walnut street.
__nols-6trp CHAB. C. LOhrGSTBETH, Treasurer.
in§?% stereopticon aW magic
&£LJ l n t n ra E *lJlbitJoiu Riven to Snodajr School*,
for private entertainments. W.
** 728 Chestnut street* second
"fog- - no22mmS
GIRARD FIRE INSURANCE COM
AScStSW/SSSfcV- COENEE SEVKNTfI
. .. f- ' _ Philadelphia, Nor. 9,1869.
i a S£ Five Dollars per share has been de
clored hr the Directors of this Company, audmade pay
®“/ f the stockholders, clear of all taxes, on and after
ALFBED 8. GIIiLETT,
: Trcaanrer.
The Brooks Assassins
Motion for a New Trial Refused
SENTENCE OF THE PRISONERS
Sis Years, Eleren Months and Twenty
three Days and $l,OOO Fine.
Dcarteb Sessions— . Judge Ludlow.—This
luoming, Hugh Marrow and James Pougb
erty were brought up from prison to hear the
result ot the motion for a new trial. Every
precaution was taken by the authorities to
prevent a rescue. Profiting by the experience
gained in Haggerty’s case, the two prisoners
were first searched in prison, and were then
placed in the van in company with a number
of policemen. When they reached the court
they were received at the entrance by another
guard of policemen, while the court-room
itself was filled with the blue coats, who occu
pied positions in various parts of the
room B to be prepared for any out
break or attempt at rescue. At
first it was hot generally known’ that the
prisoners would be in court,and at ten o’clock
the number of spectators in the room was not
large. The fact sbon became known, how
ever, and before Judge Ludlow commenced
reading his opinion every seat in the apart
ment was occupied and the greatest interest
was manifested in the proceedings. Dough
erty and Marrow, as they sat in the dock, ap
peared the least concerned of all those pres
ent, and from the beginning to the close man
ifested not the slightest feeling.
judge ' unjubows’s opisiox.
Judge Ludlow read the following opinion :
The prisoner* haring 1 icon convicted of au assault and
battery with intent to ki II and murder, move the Court
for a rule for a new trial Fourteen reasons have been
filed in support of this n otion, and as several of them
ered ’ important principles, they will first be consid
i'itvt—lt isßaM tho Judge who tried the cause erred
in allowing the Comtoonwealth to set aside jurors with
out aligning cause therefor;”
It iB contended that the State has no such power In a
cab© not capital. The consideration of the Question
Involved In this reason has obliged uh to examine the
law relating to it vory thoroughly, and aided as we
have been by the elaborate and very learned arguments
of the counsel on both sides in the case, we have ar
rived at the conclusion now to be stated.
It cannot be doubted that at the common lnvr the king
might have challenged peremptorily, without showing
cause, any number of jurors, and for this reason tho
was enacted,which declared
that “if they that sue forthe King will challengeany of
those jurors, they shall assign for thoir chaflenae a
cause certain/ 1 Itob.Dig.p329.
Since the passage of this statute, and to the present
day, it has>befe the practice-in England, to permit the
Crown to “stand aside ? jurors, until the panel has been
exhausted; or in other words, cause need not bo shown,
until ainite jurors have been called. SHalePe. Cr. 271,
2 Hawk, Pe. Cr. Ch, 43 § 10, Kos, Crim. Ev. 1888, Black
stone, Vol. 4 353, says: “This privilege of peremptory
challenges, though granted to tho prisoner, is denied
to the King by tho statute 33 Edw. 1. 8t 4. which
enacts that the King sliU.lt challenge no jurors, without
nssienmgacauße.cortain,to be tried and approved by
the Court. However, it is held that tho King need not
assign Ins caused challenge ti/I. off the panel issone
through, aDd unless there can not he a full jury without
the person so challenged; and then, and not sooner, the
Kmg a counsel must show the cause, otherwise the juror '
shall be 6worn. ? ' |
The English statute being in force-in Pennsylvania,
until the passage of the act
of 29th March. 1813,6 hm. Laws.p.6dj wherein it was de
clared that the Commonwealth, “-except in cases of
felony, ’ might challenge no greater number than the
defendant or defendants; and,as by the act'of April 4,
1609 t in all criminal cases, “ wherein peremptory chal
lenges have not heretofore been permitted by law, the
defendant or defendants shall be allowed to challenge
/our jurors peremptorily the act of 1813 gave the Com
monwealth four peremptory challengesin misdemeanors.
In Judge Sharswood s edition of Blackstono, I find a
note by Christian that tho practice is the same both in
trials for mtstUmeanors and for capital offences, for
which principle he cites 3 Hare. St, Tr. 519.
An examination of this oose proves that it fully sup
ports the doctrine named in the note, for in the trial of
Lord Grey and others, fora misdemeanor* in 1632, the
Lord Ch. Justice suid: lt lf thoy challenge any person
tor the King,they must show cause in due time, for I
take the course to bo that tho King can not challengo
without cause, but heis not bound to show cause presently;
it is otherwise in the case of another person.”
Doubtless|when th* act of 3313 was passed, the
legislators overlooked the fact that under tlio Statute
33 Edw. 1, tho commonwealth had no peremptory chal
lenges. The act, theroforo, was to that extent-unneces
sary, though as to tho right to challenge in misde
meitnors, in one point of view, the law might have beon
useful and necessary.
In 1834 another act of Assembly was passed, and it is
to be remarked that this act is identical with the law of
1813, and both are but repetitions of tho English statute.
Oh. J. Gibson in Commonwealth vs. JollifTo, 7 Watte,sB6,
remarks that “the provision that In any case of felony
the Commonwealth shall not challenge without cause
was repealed by tho act of 1834 ;”tbis, liotfever, is a mis
take, or it may bo a misprint, as was remarked by Mr.
Dwight upon the argument.for if we read for“ repealed,”
repeated*' we will settle the difficulty.
1 It is abundantly clear, from what has already been
said, that up to the, passage of our penal code in 1860,
tho Commonwealth, in felonies,had no rightperemp
todly to A challenge any juror, the Statute of Edw.
I. having taken away that right, and our acts of As&em
bly simply re-enacted in terms the English Statute.
_ JFbe fight to * ‘ set aeid e” jurwfl being well settled, iu
liracfieo in England, tho unoßtion oftno power of the
Co ??. D !SS, wc \ ,tß ! ,6 l er “««»*o have arisen in this State
ES 11 ,?, 1 ®!?' wll ' n *"Commonwealth vs, JollifTo, 7 Watts;
SMjjne Supreme Court eapressedatt opinion upon the
By those t of April 23,1829, argon was ho longer a
capital offence. Sec. 10, Sm. Laws, 438. Jolliffo was in
dicted for urson, and tho Attorney General claimed tho
right to • ‘set aside” aiuror, without present ly assigning
Sm; cause, and this right was afflnhed by tho Court.
It has been argued" that inasmuch as tho crime of
arson bad been a capital offence, and. the right: tochal
lengetwonty jurors imd not been taken away by tho Act
of Assembly, which changed tho punishment to impris
onment, in placo of death, that, therefore, the Court In
Commonwealth vs. JoUiffe doomed an it did;
BoubtleSs, this reason mny have had weight with the
court, but in view of the English practice, It oan hardly
bo contended that this circumstance alone settled tho
controversy. As the case stands, it is. a plain decision
that, “t any.rute m;felonies, the Commonwealth can
cialiu this indulgence, and nothing'less than a reversal
of thati decision by the Court which pronounced it will
Shake its authority.
Indeed, hj Warren vs. Commonwealth, 1 Wr.,45, the
Supremo Court, although tho not 0f,i860 gave to the
Commouwcalth four peremptory challenges, refused to
disturb the practice, saying that it “descended to lis;
like many other customs, from the country whence most
of our laws and customs wore derived, as Is proved by
Gibson,G. J., inTroliffe vs. Commonwealth,7 Watts.”
Thus, in this esse, a capital one, notwithstanding tho
R ct of 1800, the Court affirmed Ihedcclsion in a caße m>t
J)c3o-lmrp§
OUR WHOLE COUNTRY. ■
PHILADELPHIA, SATURDAY, NOVEMBER 20,1869.
SPfS&AL NOTICES.
DIVIDEND NOTICES.
DIVEDJiND No. 23.
THE COURTS.
wlilcVtho point noWunder con
sideraUon was directly decided.
h Wc with the policy of the practice;
acd with the English statute, Acta of Afisombly.aud do
cision* beroro us, we can only say that we would have
*Pff J^ e . *<> Permit the jurors to “eland
M iM?*' M the District Attorney, ,
..The power is utidoubti'diy a great one; but *e long as
the prosecuting officers discharge their dutio* according
to law the citizen u ill not he to danger. Any attempt
v, , tbo prosecuting officer to prostitute
tbU pow«* would inevitably consign him to public con*
Jb .conclusion, to say that 1 have
hat n infontied that the practice of standing aside jurors
t* I®*/-**»■ ttled in the united States Courtsin this din-
Wflt, • ■■ -j
teSvP second reason assigned in support of this
HilfJWivflJS*,? ’ v , IZ - r “The Judge erred in refusing to
*■ JUs 1 !! 1 ifeSsS«s? lII *. a *° challenge Joseph Miller. 71
briefly^«®®^ rt, fttloWtOtlllfi * >raUc * l °r the case are
Vi cql b>{ l together iiito- the box, and the
iv.'?«.mfrrrt n^e '??.* fe o ***’ exercised, either for cause
orperamptorii). until the twelve were seated,
"* ' nte «ded to direct the jury to bo sworn
At b . ut a hmment’a reflection deter
m ii ed mo to d A r,:Ct - the jury to be sworn together, as is our
**£«.«»«* uot. capital. I then gave
notice to counsel as follows : ' r
; Judge— Swear the jury, unless there are more chal
lenges to make:
After a considerable delay, I said to counsel, “ What
haveyou to say,gentlemenf” .
Mr.CassidWofcounseJforprisonorsjrepHed—Nothing.
I then said :“Tho Court has directed the counsel to
challenge, and they not availing themselves of the right,
tlur jury wilt be sworn. •
. MxvMann (of counsel fur prisoners) replied: Woclafm
tlio right to, challenge until the juror comes to the
book.
After some conversation between the Court and coun
sel, X said; I will not depart from the rule in all caßes
below-.the grade of capital felonies; I did contem
platehaving each juror sworn separately:-theywill,
however, be sworn together, according to oar uuiform
practice; and I now say to the prisoners’ counsel that
tljey bare the right to exhaust their challenges.”
/Mr. Mann—We claim the right to challenge Until the
jurors cometo the book.
After soUae delay, oue or tworof the jurors saying they
were sot impartial, and leaving the box, nnd others
being called In their places, the whole 12 being in the
box, the following took place:
t Judge—l again sav to the counsel for the prisoners, that
if they have no challenges to make the jury will be sworn
according to our usual practice. > /
Jkdeliberatedelay of several moments then took place,
tbe connsei for the prisoners remaining mute, when I di
rected tlie jury to be sworn.
the Court then said: “Those who swear
will rise aiid take the book."
Tlieoath was administered to six or seven of the ju
rors, when the clerk said : “ Those who affirm will rise."
.At_thia point, my recollection, supported by that of
the district Attorney.-and several persons standing in
the Conrt, difrens from thatof tbe counsel for tho pris
oners. lbelifive the juror subsequently challenged was
feet when Mfchn challenged him.
Affidavits of two jurors have 'been presented to us,
but we can take no notice of them for the reasons as
signed by my brother, Allison, in the very able opinion
delivered iri Commonwealth, vs. Thompson, 4 Pa. Rep.
2J7,find the factmu«tremain established a* reported by
me to my colleagues. I regret the difference ot opinion,
and :.am » very glad to say that in the opinion of two of
the judges upon two other points, this decision does not
(rest entirely upon tho facts as above stated upon this
point. . •
_ The practice in regard to challenges varies in different
States of the Union,
In some erf tho States a juror is challenged as he comes
to tho hook, and this is believed to be the English prac
tice; in others he may be challenged after he is sworn, in
some for cause arising after the oath has been adminis
tered. /With-ns in this county the practice has been as
follows:
■ In capital cases, where the jurors are sworn sepa
rately, challenge may be made at any time before the
•book has been tendered to the* juror, or the formula of
affirmation has been commenced. In cases not capital,
our uniform practice has been to swear or affirm the
jurors together, and no case is remembered in which the
right of challenge has either been claimed or allowed
after any of the jurors have been sworn or affirmed.
* Admitting the principlesfronteuded for by the counsel
for the prisoners, and supported by a number of authori
ties, the Court is unanimously of the opinion that upon
the facts, as reported, the challenge was too late.
.Twoof ns are of opinion that after the swearing of
the st-veai jurore, Ihrchallengo was too late, and two of
us are also of the opinion that under the circumstances
the right,hr reason of a mere caprice, and was fairly
waived.
Upon these three grounds thereforejthe ruling at the
trial is sustained.
Speaking for myt-elf I have no hesitation in saying that
after the deliberate atod protracted delays which oc
curred at the trial, with the repeated
invitations to counsel to exercise their .
right, the ca«e became clearly within the rule stated
in Commonwealth vs* McFadden. 11 l7. Wherein
tnetpi Tt say: “Tliia power to challenge for cause at any
time bejtrt’the oath fs tendered might be abused, if
the'objection to & juror be kept buck at tho regular time
for animproper reason, or from motives of mere ca
price. it would bo just enough to declare the right
wholly waived, and the discretionary power to do so
ought not to be denied."
If, as now stated, the counsel for tho prlsoucrs de
sired to secure the seven jurors who were first sworn,
and thus by adopting an unusual practice, deprive
the Commonwealth of her right to challenge either of
them, the reason was an improper one; and if no reason
existed, then the challenge was a matter of mere caprice:
in either case the challenge was properly dis
regarded. because it was waived, and of
this opinion are two of the judges. Again, as under
onrpractice, tn cases not capital, the wholotwelvejurors
are in the box together, ana are thus sworn or affirmed,
the reason does not exist for the ruin which permits each
juror to be challenged as he comes to tho book, for as
stated, in Hartzell va. Commonwealth 4 Wr. 466, "the
last man may be as readily challenged as the first," and
the right of the prisoners i 3 not to select but to reject.
Twitchell s case, Brewster’s Bep., 601. It was too late
therefore to challenge after seven were sworn, and of
this opinion are two of the judges.
If Ibad not, almost in terms, invited connael to chal
lenge any one of the twelve jnrors in the box,and de
layed the trial for that purpose; if the joror,after having
declared himself perfectly impartial, upon • a challenge
for cause, had not seated in the box for some time,
and tbus presented himself os one of tfie twelve jurors
about to try the cause, who could at any time have been
challenged—in a word, if every reasonable opportunity
had iiot been extended to the prisoners and their conn- '
sel to challenge any one of the twelve, I should feel
some injustice had been done: but nnder all the cir
cumstances of the case, I think it would be trifling
with, the administration of criminal justice to
permit this, reason now to disturb tho verdict,
especially as the course adopted by counsel at the trial
upon this point was during tbo trial and continues to bo
to me a mystery. Beside all this, the opinion of my
brother Allison,in Commonwealth vs. Thompson, p 2lff.
applied to this case. He there said: “Courts are re
quired to exercise great caution in the allowance of
technical nnd purely legal reasons for setting aside ver
dicts after a trial fairly and fully had, and where, upon
the review of the whole case, the conclusion is that; in
sustaining the verdict, substantiaUustico is done, and
t hat the verdict is such a one as ought to hare been ren
dered in view of all tbo facts proved upon tho trial of the
case.” •
The fourth, fifth, and sixth reasons, as'they relate to
theadmisßiouofthe testimony of Mayor Fox, will bo
considered together. Neil McLaughlin, a most impor
tant witness for the Commonwealth, was called to the
stand; in a few moments jt became evident that he was
not a reliable witness, for instead of testifying for the
Commonwealthv be proceeded to make a statement
which nut only did not implicate the prisoners m the at
tempted assassination of Mr. Brooks, but told most
riropgiy against the prosecution. At first he denied
having identified the prisoners or either of them at any
time as the men who were at the store or in the carriage •
then he Haid ho wns“Bkeered” when ho made tho former
statement; ho then prevaricated, then he qualified his
former statement, and did it in a way must damaging to
the prosecution. *
Under these circumstances tho Commonwealth called
Mayor Fox and offered to prove that on previous occa
sions the witness had made, under oath, statements
clearly identifying tho prisoners as tho two men who
bat] hired the carriage, and who, a few momeuts after 12
o clock, got into it and were driven over the streets to a
certain point, when they left tho carriage, together with
other detailed statements made by McLaughlin to the
Mayor of the transactions of tho day on which Mr.
Brooks was shot, and of the subsequent escape of the
partice from the city, their places of sojourn in New
York, and final arrest.
*ome consideration, and an examination ofau
tborities, I determined to admit the testimony; but at
the timo of doing ho I said to the jury that the ovidence
about to be admitted was not to be considered as testi •
proving the/acts specified in the statement made to
the Mayor, but was admitted simply to show that the
Csmmonwsalth wa? not bound bv anything McLaugh
lin had said, and to that extent his credulity would, of
course, be shaken. It is said that an error was thus
committed
IT H, Tr easu r e r
The question thus presented for consideration is ouo
of great difficulty, and. is, moreover, one about which
the most distingulshedjudges have differed.
In England the weight of authority was against the
admigtsion of such evidence, and so I stated at tho trial,
though in one case, Oldrqyd’s, Kusßel & Ryan, Eng. Or.
Ga., p. 88, tho Judge at «wi prius admitted the evidence,
and his course was sanctioned by tho twelvo judges on
appeal.
/The manifest impropriety of the rule, it is supposed,
led to tne passago of tho & 22, Common Daw Procedure
Act, wherein it ia declared, that “a party producing a
witness shall not be allowed to impeach liis credit by
general evidence of bad character, out ho may, in case
be witness shall, m tho opinion of the Judge, prove
adverse,’ that is, hostile, * as contradistinguished from
being merely unfavorable, cohtiaidict him by other evi
dence, or by leave of tho Judge prove that ho has made
unQther Btatemfint inconsistent with his present testi
monybut his attention mußttirst be called to tho cir
cumstances under which he made the supposed state
ment, so as to designate time and place, and no must also
boaskedif he made it. 2 Taylor on Ev. 1212,4 th Ed. 61,
§ 1282. Stearns Ys>Bk.,3P. P. Smith, 493.
In the United States tho authorities produced on the
argument by counsel prove that at least thore are as
many decisions one way as tho other,while Greenleaf, in
bis work upon evidence, vol, 1.,§ 4«, declares tho weight
of authority to bo in favor of the admission of the evi
dence. ~
In this condition of determined to adhere to
tho weight of authority in my own State, especially as
reason and the due administration' of justice sustained
and sanctioned the principles acted upon by tho courts.
In btearns vs. Merchants* Bank, BP. V. Smith, 490, our
Bupremu Court examined the subject, and in the learned
opinions of Judges Road and Thompson, wo haven clear
exposition of the law and reflowortho authorities.
By a qareful examination of the decisions cited in thoßb
two opinions, it will, wo think, clearly appear that tha
weight of authority is in favor, in Pennsylvania, or tho
admission or this evidence; and ovon in till; canes in
which with us different opinions are apparently an
nounced, it will he discovered that they do not conflict
with the point decided in this case. > . '
But it may ho contended that Stearns vs, nsr'chant*'
Bank is itself an authority against the very opinion now
stated by the Court, This mar be true, If the syllabus
of the case la alone to b© depended upon"; but as thisis
not the case, wo will briefly State what was, iu fact, de
cided. f.Sii-J','.
In this case, the defendants first took out a com ssi
{Make the deposition of l*o wituoiwM (then the plain'
l )•“* toolc outacomraiseioii. In which the dofonaante
I ' “""i <■ were I'Xnmiucii, deposition*
acnltt (niton,andtln-hcebowed tlmtthu wltnceec* were
totally mistaken in their farmer deposition#.
Irt this state of the testimony, the defendants entered
Another pie for a commission; nothing was done
u for the defendants, without
nothe to plaintiff.wont to Ulftvolnnd, had an txpn.ru
prmite eonmyntion with the witness, and then this
gentleman it vfftird /» yrcvetht conversation of the wit*
toxmpemh and destroy hi* former testimony.
Tho Court way pind tUb is the only point decided in
the t.»i.«): *;This j» u very, striking proposition, evincing
of the rights or the opposite party,
nnd a Hncrlflce of the Witness without hie having the
slightest opportunity to tell the real truth under oath.
it m substituting a pnvttte ronrersatioti loith counsel for
(in open examination tty a tribunal or by its duly ap
pointed ejKrer.” 'ln this decision the whole
Conrt Agreed. It is one which un
doubtedly commends; itself to the profession
as being eminently just and proper; and yet in tliis very
case, the present Chief Justice wrote a powerful con*
airrwg opinion discussing the wbolesubjecMnd proving
beyond a doubt, wo think, whnt the law of Pennsylvania
not only was, but had been. Justice Agncw concurred
in this opinlon-tbe ether judges simply decided the
case before them. We efce nothing in Stearns vs. llonk
to imnke the correctness ■of our ruling, but much to
strengthen it, and therefore upon authority Id Pennsyl
vania we see no error in the admission of this testimony.
Upon principle, we wonder how any court could adopt
a different rufo from that acted upon at the trial.
McLaughlin wns not only nn important witness, but
she Commonwealth, having examined him before thw
Grand Jury, were fairly bound and driven to call him.
Had the District-Attorney neglected to do so, serious
n 4JL ry have befallen the Commonwealth’s case.
The witness is called, and proves not only to be a hos
tile one. but we think artfully ho * ho not only did dam
aKfi buvdfd it in the most efficient style.
ttnd indeed would be the condition of the Common
wealth if she could not prove the true state of tho case,
npt as evidence of facts, nut to show that she is not to be
bound by the present statements of the witness.
To hold nny dextrine which would thus paralyze tho
of criminal justice would be monstrous, and we
wm not do so, unless commanded by a legislative enact
ment, or by,a direct decision of our Supreme Court upon
the very point. No injustice has been done to tho pri
soners, for I not only told tbejury that the statement of
Mayor Fox was not proof or the facts contained inlt,
JiF.Uu m / charge said, expressly and pointedly, to them.
Of the testimony offNejlf McLaughlin, will dispose at
once. If theiury believe his statement delivered on the
Witnewj-Btanu, you will at once arrive at the conclusion
that the prisoners are not the men who did this deed.
The Commonwealth have, however, offered in evidence
Hie statements which this witness made before the
Mayor; these statements are not evidence of the facts
contained in them, and were only admitted to show that
the Common wealth should not.be bound by the evidence
of B 1 cLnusblin, and to this extent his credibility would
-of course be shaken, if you believe he mode these state
ments to the Mayor.’? „
The last important reason assigned for the motion for
n rule for a new trial is that the verdict was received on
Sunday.
It is an undoubted fact that in very early times the
entire year wan bv Christians considered one continued
term for the trial of causes, and the purpose was to dls
inguish Christian magistrates from heathens, and a
these last were extremely anxions to celebrate days and
seasons, the Christian went to the other extreme, and
held courts upon all days alike.even upon Sunday.
Lord Mansfield, iu Swann vs Broome, 3 Burr 1695, gives
another reason why the ancient Christians always kept
their courts open on all days alike. It was because by
keeping tho courts always open, Christian suitors were
not obliged to resort to heathen courts.
A. canon was adopted in 517 providing: Quod nullus
tpiscopvs rel ir.frapositus die dominieo eausas judicare
prasumaW- /This was followed by other canons, fortified,
says Lord Mansfield, by ThMoSions,in an imperial Con
stitution, decreed by the Emperors Carolus and Ludo
by the Saxon Kings, and finally confirmed
by W illiam the Conqueror and Henry tho second, and
thus became part of the common law of England .and as
such a part of tho common law of Pennsylvania. Sees
38nrr,1595 ;8 Cowen, 2K.
Lokd Coke, In 1 Inst., 364, declares that at common law
the*e be (hesjttridici and dies non jttridici, and that tho
Sabbath day is not a judicial day.
The construction put upon the ancient canon of 517
never included' ministerial acts, and therefore the
statute of 29 Charles 11, c. 7, was passed, which prohib
ited the serving or executing of any u writ, precept, war*,
rant, order, judgment, or decree, except in treason,
felony and breach of the peace;” and our act of 1705
simply re-enactstbe Eoglien statute.
That statute had received a judicial construction in
Mackalley s case. 9 Co., where it was resolved, •* That no
judicial act ought to be done on that day: but ministe
rial acts may be lawfully executed on Sunday.”
I have been informed that in Pennsylvania Courts
m the ancient days were hold open on Sunday, and it
is abundantly clear that for Jbc purpose of performing
the power
has neTer been doubted. Hcfdkoper vs. Cotton, 3
Watts, 59. Kepner vs. Keefer, 6 Id., 231. Fox vs.
Menscli, 3 W and S, 444.
We also refer to nn able opinion filed by Lewis J.,
Afterwards Chief Justice, in u homicide case tiied in
Lancaster county (Earl's case), und reported in Lewis’s
Crime. Law, p. 421; and also to the very able, learned and
exhaustive concurring opinion of Mr. Justice Bead, in
Sparhawk vs. Union Passenger Bailway Co., 4p. F.
Smith, p. 439-40.
, In Eaton’scase we took the verdict upon Sunday.
Having thus disposed of the important reasons assigned
for amieforanow trial, we can readily dispose of the
remainder.
W r o see no error in the admission of theevidenco speci
fied in the eighth and ninth reasons ; the-Court did not
suspend the trial to procure tho attendance of Mayor
Fox, though the District Attorney requested us so to do,
but went on with the examination or the witness upon
the stand. The judgospecially called the attention of
the jury to the testimony specified by counsel: and
although an' officer was directed by the Court
to inouire Whether the jury had agreed, yet tbeycßfe
into Court of their own motion. As thoy took their seats'
1 said, “1 sent gn officer of the Court to inquire w hether
you were likely to not. but did not intend to
hurry you. I desire that all the jurors shall have the
fullest and most ample time to weigh the evidence and
consider this verdict, and if auy juror thinks that he has
not bad such time, I desire that he should speak, and
time shall be accorded him.” After a reasonable delay
1 Said: “Well, gentlemen, what have you to say??
whereupon the jury intimated that they had agreed.
»■ With the law, as 'stated by the court, no lawyer can*,
as the'counsel in this case have not, centend; and with
the verdict of the jurp, I am constrained to say, no fault
can be found. A careful and anxious examination of the
evidence has satisfied the court of the guilt of these
prisoners; it would be most ploasant to discover, for tho
sake of these young men, that the jury had boon mis
taken ; that they, the prisoners at least, had not been
guilty of a most serious crime. Our duty, however; re
quires ns to declare that the verdict is a most just and
righteous one; and that beyond a reasonable doubt the ;
ftrisoners are indeed and in fact guilty in manner and
orm as they stand indicted.
. As this motion was heard by myself alone, I thought it
but just to the prisoners to submit every reason assigned
iu support of the motion, and the arguments of counsel
torn? colleagues; this case has-, therefore, received a
protracted and very careful consideration by tho whole
Court, und I am authorized to nay that wo all concur in
theconclusion stated iu this opinion. 1
The motion for a xtile for a new trial is overruled.
THE SENTENCE.'
At the close of the reading of tho opinion,
District Attorney Gibbons rose and said:
May it pleaseyour Honor,Hugh Marrow and
JameaDougherty having been convicted npon
this bill of indictment of assault and battery
upon James Brooks, with felonious intent to
take his life, and the motion for a new trial
having been overruled, I now move that the
judgment of the Court be passed, in accord
ance with the Jaws of the Commonwealth
The prisoners were then directed to stand up.
Judge Ludlow said; "
Yon ought to bo Tory thankful that you do not now
stand in this tribunal to hear the dreadful judgment of
the law which would consign each of you to the grave.
A merciful Providence permits your intended victim
yet to live, although he carries in his body the ball dis
charged from the pistol on tho 6th of September last.
Although not convicted of murder of the first degree,
yet yon, and each of .Vou, committed the offence oT as
sault and buttery with intent*to kill and murder, a crime
of the most serious n&ture, and one which, uuder cir
cumstances such as surround you, ought to be punished
with imprisonment for life. It has been my lot to pass
judgment upon felons of every grade, but nover before
nave supposed hired assassins stood before mo in this
Court.
It is well that this crime in of rare occurrence, for it
ought to be distinctly understood now and hero, that the
law can and will overtake and punish any mail W?io
daree to perpetrate such ah offence. You may have sup
posed that an escape was poBsible } or that money could
open your prison doors and shield you from punish
ment. But you will now learn, and lot others bo warned
by your fate, that in no way can justice here be thus
perverted or destrojed
Had you placed a great ocean between this city and
your nnode,uod’s lightning would have flashed through
throe thousand miles of wuter<and you would have stood
trembling fugitives before tbo magistrate. Whilo.tho
events of this trial have proved that there iu o officors of
justice, und witnesses,whose sense of duty rises superior
•to their love of gain, and who would have scorned to
touch the price of your liberty had it been offered to
them.
duo other lesson this trial teaches ; it is this—that an
assassin cannot live in Fennsylvaniaoutsldeof the Peni
tentiary. i
I feel for you sincere pity. It seems almost impossible
to believe that men us young as you are could commit
Such a crime; and while my duty is aa plain as it is both
imperative and painful* yet I can in all Sincerity any
that I hopo you wili.dnrimitho years of ymir imprison
ment, consider thu grave errors of your past lives, and
. endeavor to return to society reformed,, not only in
name, but in faat, and then In sorao raeasnro atono for
1 his great crimo by lives of industry and usefulness.
Itremninsformeto pronounce the aontcnco, which,
under the circumstances of theeasu, must bo fixed at the
maximum limit directed by the penal code.
Each of the defendants were then sen
tenced to pay a fine of SI,OOO, and to undergo
an imprisonment in the Eastern Penitentiary
of six years, eleven months and twenty-three
days.
[This is in accordance with tho act which
requires the discharges from the penitentiary
to he fixed for "cortam seasons of the year.]
The prisoners, under heavy guard, wore
then placed in the van, which haa been exam
ined in every part, in order that -there might
he no break-down or other detention. After
the van had been closed, Sergeant Gilchrist
and four men took places upon it. Then there
were sixteen policemen, under Liout. Pritch
ard. in the ambulance of the Good
Will Fire Company. Chief Mulholland
accompanied the patty. The ambulance fol
lowed immediately in the rear of the vah, and
P. I. FETOERKTOtf. Pablislifir.
PRICE THREE CENTS.
the route taken to the Penitentiary was* uar
Chestnut to Heyeuth, thence to Market, thenoe
. tb Ninth. thence to lUdffe aronne, thence ta*
CSoates, and thence to the gate. When «to>
prieoneniliad been delivered into the Custody'
Ot the Warden, and their descriptions had'
incen taken down, both remarked, '“these fel
/lows have gone back on us." Bags were the*
over their heads, and they were take*
Ito the cells which they are,to occupy.
AMUSEMENTS.
WOLFBOHN>B BEETHOVEN MATINEE,
—Mr. Carl Wo 1 fan ho’s first concert In’ the Foyer ot tkm-
Academy of Music yesterday afternoon, may be consid
ered in every sense a success. The best wish that wo cam''
offer to him and to his audiences, is, that the snccoedln*
matinees may boas good. The programme was filial,
chiefly, with, selections from Beethoven—for this wfl#
the “Beethoven Matinfco;>• but an Adagio from Mosart*
played with exquisite taste and feeling by Mr. Budolpfc
Honnlg upon the violoncello, and an air from Stradella,
sung by Big. E. Bariii, wero added, and formod a very
pleasing variety. The Beethoven selections were chosen
in the best teste. The concert began with tho trio (a Ct
minor for piano (Wolfsohn>,violin(Kbpta>, and viotoa*
cello (Hennigl. The performance was in tho highest do
gree satisfactory. The second movement was received
perhaps with more enthusiasm'than the other three, but
this was due rather to its peculiarly graceful and beau-,
tiful character than to any superiority in.'thai
performance. Mr. Wolfaohn played two of Beethoven’s
sonatas (E flat major, and Appassionato! with delight
ful sympathy and intelligence. To his study of this
master Mr. Wolfsohn has brought reverent admirations
keen intelligence and indomitable energy, and he Hhs
succeeded in interpreting Beethoven’s works in » man
ner which must be as satisfactory to himself as it is
gratifying to his hearers. Tho remaining piece upon
the programme was Beethoven’s delicious Nomanra in
Fmqjor, which Mr.Hopta gave upon the violin in •-
manner wMlliy of a more pretentions artist. The enter
taiumenflwasone of tho mOBt nleasing of the kind oyer
given in this city.; and we regret sincerely that it wn»
not enjoyed by a larger number of persons. Those who.
are fond of really good music cannot gratify their taatea
In a more satisfactory manner than fey attending'thean
concerts. Tlienext, the “Schubert matlnfee,” will ba
given on the 17th of December next. We hope to see a
large audience present,
F.pWIN*FOBBEBT’B “ BICHEttED.”
-Mr. Edwin. Forrest appeared at the,Walnut last
night as “ Richelieu a character in which he has no
rival, unless it hoEdwin Booth. Next to his “ Lear"
we areinclined to place Sir. Forrest’s personation of thd
Cardinal Duke as tho most powerful and impressive or
any attempted by'him. It is characterized by less vio
lence and rudeness than many of his more elaborate rep
jpentatioas; and although it isdisflaured here and there
by tricks which are simply offensive, those are not as
frequent ae they sometimos are in Mr. Forrest’s perform
ances. There is less art and more nature than common
in “ Bichelieu.” It is a tare thing for Mr. Forrest to
lose his individuality in any character, bull
he doea so in this one, almost. com
pletely. Save where his personality Is recalled by some
mamicrjwn, we do not perceive hint at all, but only tho
majestic figure of the great prince whom he personates i
Mr. Forrcst’s“Bichelfcu”is distinguished by a certain
rugged greatness which separates it entirely from tho
personations of other acforß, and gives it, we think, su
periority. Booth’s “Bichelieu” is shbtle, elegant and
purely intellectual; Forrest gives the character gran
deur, sublimity and animal force. He is the lion cardi
nal, inspired wilh a souse of lordly power; Booth is tho
fox, cunning, wise, and desperately prudent. Forrest
drawshiß sketch in bold,magnificent outline; Booth’s
picture is full of dellcato beauty, and the lights
and shadows aro filled in with a dainty brush.
As a reader Mr. Forrest is infinitely superior. Few
men can throw into the cold body ol the text as lumin
ous a spirit as he can. In his “ Bichelieu ” we discover
new meaning in the language; and where, sometimes,
the text is tamo, his elocution lifts it from the common- -
place and elevates it almoat to beauty. It -is in such s
character as thiß one that we realize in soma adequate
do Tree Mr. Forreet’s power, and understand the Becrst,
of his enduring success. In “Virginias” [and “ Othello ”
our enthusiasm lags.; but in “Bichelieu,” and better
still, in“ tear." we feel the full extent of his power, and
perceive bow truly great an actor he is. On Monday
evening he will appWr as "Jack Dado.” To-night, at
the Walnut, Octoroon willbe given.
AT THE CHEBTNDT.
—Mina Keeae has produced at tho Chestnut a drama
entitled The Workingmen of New York; or. The Curse
of Strong Drink. This play is realistic and intensely'
sensational; hut it Sb one of tho best of its class, and if
there is any special excellence in sensation as an attrac
tion, wo do not know why this piece should not crowd
tho theatre every night. Tho plot is interesting and it
is crammed full of excltingincidonta, which follow each
other in quick quCccssion. The text 1b unusually.good,
and some of thq characters arc drawn with admirable,
force and skill. Tlie moral of tho play recommends It to
every man who realizes the full extent of tho evil of
which it is the exponent, and added force is given to tho
lesson by the very admirable manner in which tho part*
«ro played by Miss Keene’s company. Miss Keeno, Mr.
Sheridan, Mr. Hordaunt, and others, make tho drama,
oven more interesting than it was at the time ofita last
presentation in this city. It is placed upon the stage
.very nicely, the scene in the machine shop being parti
cnlnrygood. Tbedrama will bo repealed this evening,
and wo recommend it heartily to those who like genuine
sensation.
THE GEBMAN OFEBA
Tho loss of somomnsic prevented the promised per
formance of La Juioc, at tho Academy of music, last
night. The Magic Flute was substituted, somewhat to «
the dissatisfaction of tho audience. Wo think, however,
that Mr. Grau is roally entitled to sympathy, for tho ex
cuse offered by him was a genuine one, and tho accident:
offered really an insuperable obstacle to,tho presenfetion l
of the opora. Tho substitute, however, was a good one,
and its performance was in somo degree satisfactory.
The lameness of tho orchestra anil the inefficiency of tho
chorus detracted in a large measure from tho pleasure
of tho entertainment, but Madame Frederioi saogde
liglitfully ; Madame Hotter was very pleasant, and Mr.
liimmer, despite Ills failius voice, gavo tho music of his
part with admirable skill. This evening Fausl will ho.
presented with Fredorici in her greatest port “Mar
guerite.” Mr. Grau announces that thesonson wilMio
extended beyond the limit at first announced, and that
LaJuive will be given upon one of the supplemen-
tary nights.
—At the American, a line variety entertainment will
ho given this evening. .
—Signor Blitz, with tho assistance of his son, Theo
dore, will give a repetition of his wonderful and.amusing;
performances of magic.
vDuprez* Benedict's Minstrolscontinue to perform'
to large and approciativn audiences, at the Seventh'
Street Opera Boose. A splendid programme is offered
nightly.
—Curncross & Dixoy’s Minstrels, at the Eleventh
Street Opera House, announce an excellent hill for this,
evening’s entertainment.
—Lost at Sea, with all its bountiful scenery, flue cast
and other appointments,will be repeated at the Arch tin'* -
evening.
SPECIE.
Resumption of Specie Payments.
The Washington correspondent of the Her
ald says:
Some of the Western Congressmen who
have been here announced themselves boldly
in favor of resuming specie payments. Gen.
Garfield, of Ohio, who is chairman of the
Committee on Banking and Currency, says if
the present Congress had any spunk they;
■would say, “Well,we are in power for at leasf
a year and a half. During that time we will pro
vide for resuming specie'payments, and. thus
putthe business ofthe country on a stable basis,
we may not be sent hack—probably we will
not—but we, will immolate ourselves for the
country’s good.” Garfield seems to have been,
studying the subject, and to be familiar with ,
it in all its aspects. It is probable that ho will
make some movement,at an early, day in the
House to open discussion on the subject of
resumption. ■ • 1 ■-
Tbo Petroleum Trade—lts Mode of Con
duct. --.n';'
Bonbon, Nov. 19, 18U9.—A meeting of the,
petroleum importers' of Bremen, .Hamburg,
Antwerp and other cities was held at Bremen'
yesterday. Resolutions, were passed recom
mending the adoption by American shippers;
of the custom of branding casks with weight
and tare and the allowance, of two pounds ml:
absorption of .the liquid by the woodwork.
The resolutions were ordered to he sent to
New York, Boston and Philadelphia. ' '
—Why are equal angles like omnibus pat*
sengers on a wet day ’’ Because they coiaCida,
—Jwhj. ■ . , . ■'
MEE
' - •* £* (