GIB,SON ITMOCK. Editor.
VOLUME XXIII.-NO. 23.6.
FRARTH CLOSET COMPANY'S COM
MAlloEf4nil apparatus Mr fixed elosetai at A. 0,
AWCifftCUS & CO.'B,sl,l3lnrket st. dattit th H3OO
WEDDING INVITATIONS EN
ATECll:titotrnetlat aiggtigrorTalgr . 'eterniii
street, beent
31ARItl L.D.
CIIKPMAN—POLK.-1 n No* Orlmmo, Jan. 8, WO,
at Christ Church. by tholter Dr. Leacock, Mr, 14derrtrd
Charnum to Luria It., youtoyeet daughter of tbo late
litalthp Polh. •
faRWIS-rBUTOFIEIt.—iin the Lath inst., at the Second
Preebyteriati ()Lurch, Germantown, by Wee. W. E.
Ijatros, Percy M. LIIWII3 to Ella 11., daughter of Theo. B.
utoher„
DIED.
BACB,E.—At Philadelphia:, on the 18th inst., 3fro. N.
C. Bache. relict of the late Alexander Dallas Bache,
(Washington papers ale:L.6e copy.]
HAINES —On the 12th inst., Annie E., daughter of
fiat:mei and the late Sallie A. Baines, aged 20 years.
k'uneral frith) het father's residence, 11'21, Callowldlt
street. ill Erhlay next, at 11 o'clock A. M. Interment
at South Laurtil 11111.
b1eD11111,1,A.N.7-4/is the 11th inst., James 31cMullan,
aged .!.1 years..
Ills relatives and friends are respectfully ini.i4 , ll to at
tend Ills funeral from the residence of his hrother-ht
hs . Andrew Brown, Mt Callgseltill street, on F riday
afternoon, the 14th lust.. at 2.o'clock. 'Set vices at the .
Church of the Covenant, I , ilbott street. West of Seven
teenth. • 'reoStneta d to 'Woodtgadg.
TItIER,II.-s•Suttlenlyom Tuesday mOrning, Ilt It lust,
Charles 5e..111 the C.Stli year of Ilk age.
The rebid vett'and bla wale friends , are respoctibliv in
'died to a trend hie fuser 1. from hie late ree deuce. KC/
It Fifth ottett.oallatarday tuaraing 15th last. ;it
11rlock,,. Interment at tientli Laurel '
WIIISTLEB.—At Brighton.lingtand; Pee. 24111 i IRO,
George formerly of Baltimore, Md.,
in the 40th 'ear of bin age.
111r.SSO,N ,SO:J • WILL OI'EN TO-DAY.
I case !flack find Pttrple rigor -1 be Laines, 22e.
I ease Mark and White 412).• do. , 22e.
I csie Illack ALId jowl do. 22c,
firay_4ll4 111s6: Chinfz , e's,
MOURNING liltY GOODS IMusE,
No.')ls CHESTNUT STREET.
7, i
NGl,lBrl BOM ZiN Et 4. • •
l_4l .11yr teveivod. ono Botabaziues,
all qua „.:10,1itnia e t LUto Ett a gacrl:
britONtti-31011"..104 I N4l" IMLY .GOODS.
ESTN UT RTREET. .3aB 6I
CI I'll ICI'M ENT. f---• NOW IN
st ,, re. ei ery quality of
• YNCI.Ir I II T12131511NG
YZII,CRAP.Es. ./ •
A 146, •
ENGLISH 111/APE:4E2LS
C.! • yo•r) yualiil ;as{ 'lcc LlD , DtljettllTM.
• ISE' StiN
Mourning I>nr:Guoth,
910 Ukeortiout
VANCI" SiLI 5,• , •
LEDUCEI) IN PRICE; TO El,Oht THEM.
LIGHT p OIL EVENI'VGS
WHITE CLOTH tuvi Ar•TRACIIhNI4.ior the Clpira
ISEST,J3I/ACti. lAILKS IN THE CITY
• lEVIIE a LAIN
SPECIAL' NOTICES.
--- ~ _~-
--..--.oani a
•
A:.1; ,
COST AND, , LESS THAN,'`` COST.
Finest Beady-Made Clothing at
COST AND LESS THAN COST.
The Balm:tee of Our Whiter Steel: 'at
COST AND LESS THAN COST.
All our Boys' Clothinz and
Flaiiiis-bing Goods at
COST AND LESS THAN COST.
Elegzolt Piece Goods in the
Qnstom Department at
COST AND LESS THAN COST.
Coats, Coats, Pants, Pants, Vests,Vests,
AT
JOHN WANAMAKER'S
CHESTNUT STREET Nos. 81S and 820
CLOTHING Chestnut Street,
Establishment. Philadelphia
to. YOUNG-
MAINNERCHOR
GRAND ,
JUL 3IASQUE,
HAL MASQUE,
DAL MASQUE,
AMERICAN ACADEMY OF 3fUSIC,
. THURSDAY EVENING,
JANUARY 27TH, WA/.
TgeKETS,
ADMITTING
• A GENTLEMAN '
AND --
ONE LADY. •
FIvE DOLLARS. _
EXTRA LADIES' TICKETS,
EACH
oNE DOLLAR. '
FOR SALE
AT THE
PRINCIPAL MUSIC STORES,
NEWS STANDS,
CONTINENTAL HOTEL,
AND OF
THE MANAGERS. jab th et t &um§
Eub THE PHILADELPHIA, WIL
MINGTON AND BALTIMORE RAILROAD
COMPANY
January IS. ISTO.
At an annual meeting of the Stockholders. held this
day, the following persons wore elected Directors for the
ensuing year
Isaac Illnckloy,
Samuel M. Felton,
Wm. Sellers.
Samuel Welsh.
Jesse Lane,
J
Samuel Harlan. Jr.,
Edward
At a meeting of the Board
ISAAC HINCKLEY wac
dent, ENOCH PRATT Vice
ROHNER Secretary and Tr
jail It
Thomas Kelso.
Enoch Pratt,
Thomas Donaldson,
Thomas Whitridge,
S. M. Shoemaker,
Jacob Tome.
, Nathaniel, Thayer,
Austin. - 4
of Directors, held this day,
unanimously elected Prost
e President, and ALFRED
7( . l:wirer. . •
A. HORNER, Secretary.
aye THE BANK OF NORTH AMERICA:
. PHILADELPHIA, JAIL 12, 1870.
At the annual meeting of the Stockholders on the 11th
;aslant, the following gentlemen were unanittiouslY
elected Directors of the Dank for the ensuing year :
'lliondts Smith, ' • James C. Hand,
la rid Scull, John 11. Brown,
John M. Whitall, Israel Morris,
Lemuel Coffin, Lewis Audenreid,
Emupton, John 11. Irwin,
A J. Lewis, Win. L. Itehn.
At a meeting of the Directors held this day, the fol
lowing officers Were unanimously' elected :
!resi nt—IROMAS SAI ITII.
-_Cachirs—JollN .IL WATT. • ... .
RU NDL 1.1 SMI TH. • ,
Xottir9- 1 X M J. DELLEIi ER.
jiil32t JOHN 11. WATT, Cashier.
IL -- ? OFFICE OF THE DELAWARE
AND RARITAN CANAL AND CAMDEN AND
ANIMA' RAILROAD AND TRANSPORTATION
COMPANIES
PHILADELPHIA, Jail. 6, 1670.
•
The holders of the new scrip in the above Companies
ure hereby notified that the time for paying the last in
stalment will expire February 10, 18,0. At any time
Lef,re that date it may be paid by those holding the re
ceilts of RICHARD S. TROWBRIDGE, Cashier, or F.
tIONOVER, Transfer Agent,to Mr. TROWBRIDGE,
at his office. who is authorized to receipt for the same ,
on the back rf the receipt for first inetallment.
julodfeerp . RICHARD STOCKTON, Treasurer.
U.. EVENING HOUR LECTURES AT
THE MERCANTILE LIBRARY. Professor
MENET HARTSHORNE, M. D. will deliver the tiret
Lecture of this Course on SIXTH DAY (Friday), the
34th test ,at 6 o'clock. Subject—". Mental 'Health and
31ental Power." ~Tickets, 21 cents. For sale at 30-I Arch
street, 109 North Tenth street, and at the, desk of the
:Library. , .
` • It*
na. MERCANTILE LIBRARY.-THE
Annual Meeting of the Stockholders of the Mer
cantile Library Company will be held in the. Library
xecau, on TUEbDAY EVENING, Jau. 18, at o'clock.
JOHN LARDNE U.
itecordiag SocrotarY.
jaL3-th a tu-3trpF,
tub 1109 GIRARD STREET.
EtTSSIAN AND PERFUMED 'RAVI%
Deartments foLadics
Baths open from b A. /11. to 91' M.
•
' 4..
.. •
THE LAST NEW YORK SCANDAL
The mysterious: elopement of , the . Bev.
Horace Cooke, of, which,, yesterday, we gave
the, faCts and :the cireuireitanees attending
the same, very nearly terminated in a tragedy
last evening. The report which Was published
In yesterday's World is totally contradicted by
the parishioners:of .Mr. Cooke in Plashing
and Mamaroneck. Each one, might bort:lifted
partienlariY fur the facts denying them were
tarnished ,t, ,our reporter, by representatives
of . those_ congregations. Not a word ,of
• scandal,. not an . intimation of a dig
henorable nature, has ever been attached to
Mr. emilie's, mime until this sad occurrence.
The attack so , Viciously made was calculated
to aggravate the grief of two familieS, already
sufficiently great, and to blacken_ the eharae
ter of a wan who Las already injured himAelf
beyond repair. If the credulity of fhe people
is equal to the inventions of those, who_ et:in
n-lye(' the scandals, no doubt all this bas.been
effected.
Miss Johnson returned to her home yester
day evening, about 5 o'clock; and about the
sametittm Mr. Cooke registered his name as
Mr..llaly at Frenet's Hotel. At about ti o'clock
in the evening, Mr. Brown, a son of Paul It.
Brown, and air intimate friend of Mr: CoOke,
met the latter opposite the Astor House, and
•walked with him up Broadway as far as Bond
street. Mr Cooke was fiercely agitated
in manner, and drew his pistol, four
times, and suddenly returned it to his pocket.
His movements were very nervous, and he
exhibited a strange excitability of temper.
Mr. Brown sought to calm him, and asked
him to go up to
,a restaurant, and take dinner,
and enjoy a smoke. Mr. Cooke thiclines_kthe
(
invitation, say' g be had eaten nothing,
and did not di sire to partake of anything.
Ile asked Mr. 3rown to pa with him to the
Rork/ o ff ice, and be would " tear the
Editor to piece - S." Finally Brown appointed
a meeting with Cooke at a later hour in the
evening, and they separated_ Mr. Cooke pro
ceeded to his house, and, entering the room,
his wife saw the revolver, and frightened lest
he might do desperate injury to himself, sent
into the church adjoining for some one to
come in to the parsonage. Mr. Carter, a trus
tee of the church, went in, and,
engaging Mr. • Cooke in conversa
tion, quietly abstracted the revolver from
his overcoat, which he had left on the sofa.
Suddenly Mr. Cookeleft the house, and ran
swiftly down Third avenue and escaped Mr.
Carter, who pursued him. It seems he went
to the Wdrld office, and remained outside the
building some time, when he entered the
counting-room and assailed au Editor of that
paper. Cooke was so weak at the time that
ha was hardly able to stand, and did little
more than shake him rbughly.
Before proceeding to violence,he introduced
himself to 'the editor by announcing that his
name was Cooke. An officer was called in,
who conducted him to the Second Ward Sta
tion House. The editor of the World lodged
a complaint against him for assault, his name
was booked, and he was locked up in a cell:
The Captain left orders that no one should
see him. The eloping party have 'been
in au adjoining city, and have seen the papers
each day. Mr. Cooke said last evening that
all reports of indiscretion.; heretofore, as pub
lished in the Worid yesterday morning, are
lies, and under these scandals, that have been
imposed upon the public, Cooke seems most
to smart. Cooke alto says that he returns Miss
Johnson as pure, so far as he is concerned, as
a babe.
Mrs. Cooke told our reporter last evening
that her husband. the night before he left, took
a dose of laudanem and ehlorolorm,which was
enough to kill, and he awakened his wife and
toldher he thought he had poisoned himself fa
tally. She resuscitated him, and begged him
never to touch it again, but he said he would
go crazy if he did not indulge in these opi
ates.
lie has been partakinr , of these drugs for a
long time past, and has betrayed a nervous
ness of manner qttite antagonistic to his- na
ture. So marked has been the change in his
demeanor that many have referred to it; and
inquired of him what so troubled him. His
answer was that neuralgia was causing him
great pain. Last evening he said to his wife:
" Oh, every one has deserted me ; I have not a
single friend left." This belief 4eemed must to
perplex him.
On Tuesday evening Mr. Cooke was seen on
Broadway, entering a cigar store, and after
purchasing and lighting a cigar he walked out
and stood on the curbstone a few moments,
when he flung the cigar away and walked
hastily away. He has moved boldly through
the city. and has taken no extraordinary
measures to conceal himself. His speech is
disjointed and his thoughts wandering.
Miss Johnson has been entirely secluded
since her return, and the parents say that if it
is proven that !die is as 31r. Cooke says, as
pure as ever, efforts will be put forth to have
the matter speedily quieted.
Reports which 'Showed that 31iss. Johnson
was more than imprudent in her relations
with Mr. Cooke are strengthened by further
information from his wife. When Mr. COoke
first entered on his pastorate iii Seventh street,
and before his wife had - becoMo `acquainted
with the parishioners, Miss Johnson used to
enter the parsonage through the ba.4ement of
the church and the rear entrance of the house,
and go into the parlor and play on the piano,
with - a view of attracting her pastor to the
room. ' At first Mrs: Cooke asked her husband
what it meant, add he said he did not know.
She went down into the parlor, but the young
lady escaped by the rear entrance. For some
time Mrs. Cooke did not know who she was.
She pretendedia great love for Baldwin,the son;
and the week betore the elopement, in coining
out of the church, she threw her arms about
the boy's neck and said She was very glad to
see him. The clay before she left she passed
the parsonage and bowed very graciously to
Mrs. Cooke ; this was the last that she saw of
her. Mr. Johnson told Mrs. Cooke that he
bad noticed a little flirtation between her bus=
band and'his daughter, but thought very little.
of it, and fancied that she would soon cease to
engage in it. - --31 - rs7Cooke told him that he
did her a great wrong in failing to tell her that.
She feels confident that shenould have crushed
it all in the beginnirig.:.
We have received the following letter,Which
tells its own story; and wh i lch we print pre
cisely' as' it reached its : • • -•-
To the Editor of the Tribune:
Sin : Will you give the words. of 4 criminal
SPECIAL NOTICES.
[U.THE INSURANCE, COMPANY
OF ID}: STATE OF PENNSYLVANIA..
Jan. 12, MO.
The following' gentlemen have been duly elected Di
rectors of this Company for the year 1R70:
Henry' D. tiberrerd, Henry G. Freeman,
Charles blacaleater, I Charles S. Lewis, '
'William EL Front', George C. Carson.
George 11, Stuart, . Edward 0. Knight,
Samuel Grant,Jr., John B. Anstln,
Thomas B.Wattson, ChrifOlan J. Hoffman,
Richard Dale Denson.
At a Meeting nt the Beard of itirecters. held, this day,
HENRY D. IMIEURERD. Esq.. was nnanlniously• re
elected as President of the Company.
jal3.3t 110LI,IN8lf EAD, Seeretarit.
VPHILADELPHIA AND TRENTONT
ILATLEOAD qomPANY. OFFICE =I SOLITS
Dit.LA WARE AVENUE.
- .
Purt.n.nrwittaiJult.l 2 . l r o .
The Transfer Books of thin Company will be closed - on
the 15th instant, and reopened after February Ist
prox. • J. PARKER NOILIUB,
Ja1.3.3t Treasurer.
IZs/ WA RD HOSPITAL, NOS. 15t3
Il a a si t treatu L rnt :t r .' 3 n i le r :ric t ile i g en Te Y d D" t a u r gc n m ei gi
to tho ponv
RETURN OF THE ELOPERS
Attatk of the ..Beverend O on an Editor
A PENITENT/AL CARD
'From tto NI Y. T4bune.
PHILADELPHIA, THURSDAY, JANUARY 13,`1870.
•
a Place in ,your columns? Ido not ask to:ex
cuse mysell,--Oh no!. I only wish the TRUTH
to be known. HI could only write, I would
" a plain, unvarnished tale"deliver, but my
head and my heart hurt me so that I cannot.
On this day the young lady will be returned
to her home, as pure and as good as when.tirst
saw her. She has been with me as my sis
ter. Of course we did not intend that, but
my wretched heart stung me at the beginning,
and my only desire is to reprdr (as far as T can)
the injury f have done to, all my': friends—so
good to me—and to the church—but "the
damned blot" will never out. (Excuse the
blots, they were caused by the snapping of the
pen.)
I wish that I could write, but I cannot. Let
me make a few statements, and for Goa's sake
iicmnyE :
First-1 did not—l hare not seduced Miss
Johnston. If I had, why should' I bring her
back 7 If I was villain enough to ruin her,
would I not have been villain enough to keep
her? It is no fear of personal injury that
prompted mo, because I could have eluded
crolitiody, if I chose, and I am back now,, and
ready to pay wet penalty the family may re=
quire. only don 3 t let anybody else" come near
me ; for inasmuch as the papers say I am a
wolf, it must be remembered that wolves
BITE.
&cond—l did no t correspond with her. when
in Europe.
nerer visited the school until the tray
we left the city.
Fourth—l wan never in an assignation hoitse,
with her or any one else, in my life.
Fifth—No ‘!paiiel-thieves" have blackmailed
me, and I defy and challenge.any living man
or woman to lay aughtagain.st my character
since I have been a Minister of the Gospel.
_lf any bod.y—panei-thiefe&or Cotime. elsc r . 7 -"have
letters of mine; let them publish them. As I
hope for mercy—uó, I don't hope for any;
brit on my soul—on everything that men hold
sacred, even.the most ilepraved- swear it fs
MA true.
I have done wickedly - enough, but don't
-paint me blacker than I am What I was be
fore I entered • the Ministry ouglit not to
damage my qbarfteter for veracitY no*.'Many
actors •are better than I am, and -because I
have turned out a reprobate, that is no , reason
why Fueh villalnoi tirades should be
launched against the Church. If I could be
fiVe minutes in the presence of the man who
wrote the report in the Irodd, I would be
satisfied.
My chiefest anxietyis about the young lady.
Oh, I am certain that those who .K ow me,
who balle been intimately connected with me,
win believe ine. I.never did wickedly at Mama
roneck or Flashing. I .don't wonder: they
write so; fora man who would do what 4 broie
done, it Is very natural(to "suppose ; wcitild do
anything.
Don't - understand that I am trying to excuse
myself.' I am not. I want" neither pity nor
inerk-y. Let that be Irriderwtood—perArtlv.
I say ; again, the young lady is pnre as snow,
and lam ready to do anything that will tend
to confirm my assertion. Pardon me for
troubling you, and put this in good shape, for
I can't wnte—although I want to.
Wednesday, P. 31., Jan.ll, 1870.
HORACE COOKE.
THE COURTS.
TUE INFIDEL SOCIETY.
A Charitable' Bequest to It Declared
Justice Sharswood, in the Supreme Court,
this morning delivered the following interest
mg and important opinion involving the ques
tion of a bequest to an Infidel Society. James
vs. Zeisweiss. Error to the Court of Nisi
Prim:
, it must be conceded that the devise by the
will of Levi 'Nice to Mary.A. Conover and
Anna 31. James in fee simpe, is reduced by
the snlkiequent words to a life estate to the
devisees and the survivor of them, determi
nable, however, on their both refusing to re
side on the hotnestead known as Oxford
Lodge for the space of two months.
,The
testator declares that in that event the said
real estate is to go as directed in the next
clause of his will, that is to say, in the same
manner as if both of the devisees were dead.
The next clause is as follows: " Immedi
ately atter the death of both my said grand
nieces, then it is.my will that my real estate
aforesaid shall go to and be held - in fee simple
by the,lnfidel Society in Philadelphia, here
after to be incorporated, and to be held and
disposed of by them for the purpose of build
ing a hall for the free discussion of religion,
politics; .
If there was an Infidel Society in Philadel
phia at the date of the will, 'it was not then
incorporated, the testator expressly referring
to it as thereafter to be incorporated. If we
are to - infer the nature and objects of the cor
poration from the name, it means an associa
tionof infidels or unbelieveri for the purpose
of propagating infidelity, or ..a denial of the
doctrines and obligations of revealed, religion.
It must be so understood according to the
commonly-received meaning of the term.
Such an association, it would seem, could not
be incorporated under any of the general laws
of the Commonwealth. The Acts of April
6, 1791, :s Smith 20, and ,of Oc
tober la, 1840 ; Pamph. 2, 1841, p. 5,
provide for the incorporation of societies for
any literary, charitable or religious purpose, •
and beneficial societies or , associations. It
could scarcely he considered as wit tall either
tbe letter or spirit of these acts. It IS highly
improbable that the Legislature will ever in
corporate or authorize the incorporation of
such an association.. Supposing it, however,
to be possible, it is votentia remota—that a cor
poration should be. created,
: and with that
name—a possibility upon a possibility, which,
as Lord Coke tells as, is never admitted by in
tendment of law. Co. Litt. 2Z-6, 184 a. It is like
a remainder to the heirs of a person unborn—
that•a person should be born and die during
the continuance of the particular estate—or to
an unborn son of a particular name. Fearue,
251. Indeed, the very case is put in the old
hook that if a remainder be limited either by
feoliment or devise to a corporation which is
not in existence at the time of the
though such
a corporation should afterwards be erected
during the particular estate, because it is po
ttntio remota. Sir Hugh Chartulay's case, 2
Rep., 51 a.; Lane vs. Cowper, Moor, 104:
Counden vs. Clarke, Nab. 64; Noc's case,
Winch, 55; Simpson vs. Southwood, I I;a1.
Rep., 254. In the Year Book, 9 Hen. VL. 21,
it is laid down that if one devise lands to the
priests of a chantry, Ft of a college in the
church of it, at which time there is no chantry
and no college, the devise is void notwith
standing the devise is by license, of the. I,:ilag;
and dotter a chantry or college is made in the
same Rlace, yet theyshall not have the land,
because at the time of the devise there was no
corporation in which the devise could take
effect. We must conclude then that this re
-
minder, limited to a corporation thereafter to
be created,was void, because there was no de
vise competent to take , at the time, and the'
possibility that there might be such a corpo
ration during the particular estate for life, was
too remote.
But it mav,nevertheless,be true that if the pur
pose for w . luch the devise over in remainder
was made, be a valid, eharitable use, which
can be enforced and administered in ar court
of equity, it will not he allowed to fail for
want of a trustee. McGirr vs. Aaron, 1 Penna.
Rep.. 49. Such - an use may be vague and inde
finite, so that no particular person or persons
May have such an interest as will give them a
right,to demand the execution of it, yet that
forms an objection to a charity if there be a
competent trustee named clothed with discre
tionary power, either express or implied, to
carry out the general objects of the donor or
testator. As was , said by Gibson, C. J., in
'Whitman vs. Lex, 17 S. and R. 93: It; is im
material whether the person to take be esse
or not, or , whether the - legatee Were at the
time of the bequest a corporation - capable of
taking or not, or how uncertain the objects
OUR WHOLE COUNTRY.
may bo, provided there be a discretionary
power vested any where over the application
of the testator's bounty to those objects." To
the same effect are McGirr vs. Aaron, I Penna.
Rep.sl.. Martin .vs. McCord, 5 Watts, 495.
Beaver vs.-Filson, 8 Barr, 335. Pickering vs.
Shotwell, 10 Barr, 23. The Donlestie and leer
eign Missionary Society's Appeal, 6 Casey,
420. "A charitable gift," says Comstock, U.
J. in Beekman vs Bomar. 23 New York, 308,
"d. finite both in its subject and purpose, and
madeto.a definite trustee, who is; to receive
the fund and apply it in the manner specified,
is to be maintained, although it would be void
by the general rules of law, because the par
ticular objects of the gift or persons to bene
fitted by it are unascertained; Such a gift is
capable of being enforced by a judicial sen
tence ; and it affords neither room nor justifi
cation for an exercise of the eyprbe power. So
much then of that which is peculiar in the
English system of charitable trusts ought to'
bo considered as settled in the jurisprudence
of this State. But beyond this we cannot
go,' without exercising functions which
are not judicial; which . in England
rest on prerogatiVe, and are there
exercised by the sign manual of the sove
reign, or by the Court .of Chancery, as the
keeper of his conscience." Goddard vs Pomo
roy, 36 Barb. 546. Le Page vs. MeNamara; 5
Clarke 124. Owens vs. The Missionary So
ciety, 4 Kernan 380. The discretion which
must, in such a case, necessarily be vested
somewhere, cannot be assumed by a Court,
for it would not be a judicial function; nor
can it, therefore, be reposed in a trustee - or
trustees of their selection. When there hill()
competent trustee named, or he dies or. re
signs, and no „provision is made by the. testa
tor for the continuance of the trust, the charity
must fail . Fontain vs. ItaVeael,l7 Howard 8.
C. Rep. 369. In that case executors Were di
rected to make distribution of the estate among
such charities as they should deentinost bone
•ficiaLßut they died . without doing so.
"There must he some creative energy," said
Mr. Justice McLean, to give embodiment,to
an intention
W hich was never .perfeeted.
Nothing shortof the prerogative power, .it
would seem, can reach this case. There - is
not only uncertainty in the beneficiaries of
this charity s but behind that IS a more formi—
dable objection. There is no expressed will
of the testator. He intended tospeak through
the executors, or the survis - or of them, but by
the acts of Providence this has become:lin- '
posSible. • It is, then,.as thongh he had not
spoken. Can any power new speak for him
except the 'wens patrin ? Had he declared'
that the residue of his estate Should he applied
to 'certain charitable purposes under the
statute of 431E1iz., or on principles similar: to
those of the )ratute, effect might have been,
given to the equest :is a charity in the State
of Perinsylva 'a. The wordS as to the residue'
Of propert were used in reference to the
diScrerion to be exercised by his executors. -
Without thei action he did not intend to dis
pose of the re. "due of his property." " Power.
to act at discre n," says Gibson, C. J., " need
not be expressly - yen if it can be implied from
the nature of the t st." Pickering vs. Shot-
Well, 10 Barr, 28. No übt an unincorporated
society may be a trustee, invested with. such a
discretion, and may perpetuate itself by the •
succession of its members. This is the doctrine
of the learned and elaborate opinion of Mr.
Justice Baldwin in Sarah Lane's ,will, Magill
vs. Brown, Brightly's Rep.,346. nat., sustained
and affirmed by the Court in The Domestic
and. Foreign Missionary Society's Appeal, 6
Casey, 425, and the Evangelical A&sociation's
Appeal, 11 Casey; 316. Now, if the use in this
case be a valid charitable use, it is certainly of
a sery indefinite nature, and requires to be ad:
ministered according to a discretion to be con
fided to some person or persons. The testator
named the Infidel Society. in Philadelphia,
which might have been well enough, if there
was such a society, though unincorporated;
but he made it an essential quality of the so
oietv thus selected, that it should be incorpo
rata. That, as we have seen, was a potentia
remeta, which made the devise over in re
mainder, after the life estates, a void devises
There was no trustee then competent to exer-..
cise a discretion in the administration of the`".
charity. Buildin g a hall may be an object suf
ficiently definite; hin the trust was not to end
there.' It is evidently a permanent, perpetual
tole. The ball, when built, must be kept up
and maintained. Some person or persons
must yegulate the free discussion in religion
and politics, and determine what is to be in
cluded Under the comprehension, "et cetera."
It is plain that no court would ever undertake
to adrninistera charity of this character, or to
exercise the discretion necessary for that pur
pose, through a trustee or trustees appointed
by them. It would be a matter' entirely for
eign to any proper judicial function. If this
course of reasoning be sound, it tollowS th at
this devise now is void as a 'charity, and that
the reversion, subject to the life estate, de
scended to Amanda James, the niece of the
testator, and his heir-at-law, under the Intes
tate Act, and that a conveyance by her and
the life-tenants will vest a good title in fee
simple in their grantee.
In placing the decision on this ground, how- -
•ever, it must not be understood that I mean' to
concede that a devise for such a purpose t 1.4
was evidently contemplated by this testator,
even if a.competent trustee had been named,
would be sustained as a valid charitable use in
this State. These endowments originated in
England at a period when the religious senti
ment was strong, and their tendency was to
run into superstition. In modern times the
danger is of the opposite extreme of licentious
ness. It is necessary that they should be care
fully guarded from either, and preserved in
that Itappy mean between both, which will
most conduce to the true interests of society.
Established principles will enable the courts
to accomplish this. Charity is love to God
and love to our neighbor, the fulfilment of the
two great commandments upon which hang
all the law and the prophets. The most in
valuable possessions of man are faith, hope,
charity, these three ; but the greatest of these
is charity. Love worketh no ill to her neigh
bor, therefore love is the fulfilling of the law.
It is the fountain and source whence flow all
good works beneficial to the souls or bodies of
turn. It is not easy to see how these are'to be
promoted by the dissemination of infidelity,
hich robs men of faith and hope, if not of
charity also. It is unnecessary here to discuss
the .ousti on under what limitations the prin-.
eiele is to be admitted that Christianity is part
of the common law of Pennsylvania. By the
third section of the ninth article of the Cou
stkution it is indeed declared " that all men
have a natural and indefeasible right to wor
ship Almighty God according to the dictates
of their own consciences; that no man can of
right he compelled to attend, erect or support
any place of worship, or to maintain any
ministry against his consent tio•bmnan
thority.can, in any case whatever, control or
interfere with the rights of conscience; and no
preference shall ever be given by law to any
religions establishments or modes of worship.
It is in entire consistency with this sacred
guarantee of the rights of conscience anti re
ligious liberty to hold that; even if Chrnitianity
is not part of the law of .the land, it is the
popular religion of the country, au insult to
which would be indictable as 'directly tend
ing to disturb the public peace. The laws and
institutions of this State are built on the foun
dation of reverence for Christianity. To'this
extent, at least, it , must certainly
be considereds - as well settled that the.
religion revealed in the Bible is not
to be openly reviled, ridiculed or blasphemed,
to the annoyance of sincere believers who
compose the great mass of the good The
of
the Commonwealth. Updegraft vs. The Com
monwealth, 11 S. Sz It. 394. Vidal vs. Girard's
Executors, 2 Howard (U. S.) 198. I can cons
ceive of nothing so likely---se sure indeed, to
produce these eonsequences, , as a ' hall* deco-
Grated in Perpetuity for the free discusSion of,
religion, politics, et cetera, .under the dime : -
tion and administration of society of,
dels. Indeed; I would go further, and adopt ,
the Sentiment - and language 'of Mt. Justice'
Duncan in the ease just referred to : " It
would prove a nursery of visas, a school of
preparation to qualify young - men for, the.
gallows and young women for the brothel,
and there is not a sceptic of decent manner's
and good morals who would not consider
such a debating-club as a common nuisance
and oif,gracc to the city." Judgment af
firmed.
SUPREME CounT—Chief Justice Thompson
and Justices Read and Sharswood.—The fol
lowing judgments were entered this mornin4
Carson et al. vs. Bird et al. Decree at Nisi
Prins is reversed. and the record is remitted
to be proceeded in agyeeably to the sugges
tit 1:18 made in the opinion.
Bradbury vs. Brinton. Error to C. P. of
Philadelphia. Judgment affirmed.
Rushton vs. ltov:e. Error to D. C. of Phila
delphia. Judgment affirmed. '
City of Philadelphia vs. Birelv et al, Error
to I). C. of Philadelphia. Judgment affirmed.
Barclay's appeal from the Orphans' Court
of Philadelphia. Decree affirmed and appeal
dismissed at the cost of the appellant.
Social Life iu Prussia.
The following extract from a private lettet
from a Bostonian passing the winter in Ber
lin, relates to matters of general interest on
this side of the Atlantic. Under date of De
cumber 17, he writes :
Night before last we attended a grand
soirée given by Americans at Hotel der Rom,
where we stayed until into the small hours.
Several notables were present, among them
Herr Von Auerbach, author of Villa on the
'thine,' etc.; also sonic very elegantly dressed
German ladies, and altogether had quite a
brilliant entertainment. Last evening we at
'tended the reception at COnSuP Kreiss
mann's, which •was a still more
brilliant gathering than the one at Hotel der
"tom,' Among the lions present were our
.Minister,;Mr. George Bancroft; Mr. Miss,
Secretary of Legation, and his wife; Mt. and
Mrs. Burlingame, Chinese Minister; Auerbach
and his wile, and a Miss Austin, from Mil
waukee, who has, recently become quite a
noted singer. She sang two pieces last even
ing; accompanied by , the piano, played by a
celebrated Berlin , musician, and the music was
very tine. As the customs, here of. giving p.
reception are somewhat different from ours,
perhaps a partial description would he
interesting to you. When the guests
arrive', • say from eight to nine o'clock, tea,
With sometimes a few little .cakes, arer,pask4
around to all. At about hall-patWten, long
narrow tables are brought into the receptio,n
room, all ready laid with the supper,, consist
ing of several kinds of hot meats ready carved,
vegetables;-salads, with the usual amount of
confectionery and sweets, with a:great variety
of wines of greatb-piwity. The German cook
ing is of course quite different from ours ;• but
we have :•iucceeded in cultivating our taste to
like it very much, so that even the children
are-very fond of sa.urkraut."
AMUSEMENTS.
—At. the Academy ut music, fast evening,
Korina, wag given, before a small audience.
The caste was only moderately good, but the
performance was better than NV:Vi expected.
This evening a - Mivelty is offered in the comic
opera of Pipele, bra composer named Ferrari.
Thc story is based upon a comic episode in
Sue's "Mysteries of Paris," and it is full of
fun. The leading 'parts are taken by Mit.
Kellogg and Signor Ronconi. In New YOrV
this opera had a most brilliant success during
the late season. - To-morrow evening, II Tram
tore is to be played, and on Sattirday, at the
matinee, Linda di Chainouni.
—To-morrow at 4 o'clock, P. M. Mr. Carl
W olfsobn will •give his Menclelssolin
Matinee " with the following programme :
Fantasia, ( F sharp minor) Meatlelasohn
A nda nte—Allegro eon mato—Presto.
Carl Wolfaohn.
Song %Without 'Words, Vi010nce11e...............Mend"145ubu
Mr. Rudolph Renhig.
Aria—" Magic F1ute."...... Mozart
Miss Poona& Ninningcr.
Polonaioe, Laub
Mr. Wenzel Kopta.
Variations Serieuses. (op. 64), M.endelsoonn W
Carl o Moho.
Aria, with Violoncello Obligato,'
Sig Barili, and 31 r. Brunig•
Trio. (C minor, op. (WA, Menilelscohn
Allegro energieoe con Ingo—Andante eepressivo—Scher
zo : Motto Allegro quasi Frestorinale : Allegro
•
aipassionata..
AtetFrt , . olfvohu. Kopta ant 11« , nnig.
AU of this music is new to the Philadelphia
public. The fanta.sie in F sharp min yis one
of 31endelssolin's earlier works. In its first
movement we find a sympathetic air elabo
rated in a manlier peculiar to - fendelssol.m.
The allegro following is fresh and beautiful.
It embodies the principal air which the com
poser brings in again in the presto. The proto,
the last movement, foreshadows the music
of theifids - ummer's Night's Dream ,anti this illus
trates the fact that many of MendelssOhn's
works, like this movement, had already that
fairy-like character which is ~ brought to per-.
fection in the music of the Dream. The
other solo of Mr. Wolfsohn's is of
an entirely *different character. Its
theme is solemn and church-like, and
it is worked up in the different variations
in the most ingenious anti scientific manner.
-Mendelsohn displays in this piano composi- -
tion his entire knewledge and complete
mastery- of the instrument. The climax of
the programme, however, is the trio in C
minor; this glorious composition is more
familiar to concert goers than any other in the
list, butwe need only remind those who know
the trio, of the splendid finale, with its
dramatic elaboration, to induce them to be
present at this performance. Au additional
attraction will, be the performances by Miss
Nininger, Mr. Kopta, .Mr. Hennig and 81g.
Barili. Miss Nininger is a pupil of the latter
gentleman, and is a very competent singer.
—At the Chestnut Street Theatre last even
ing Miss Keene produced Mercy Dodd, a new
play by Boucicault. A large audience was
present, and the performance was of the most
successful and satisfactory character. The
play will be repeated to-night, and the comic
drama A husband to Order, will also be
given. To-morrow night Miss lieene will have
a farewell benefit, when the three following
plays will be offered : Matrimony ; h She Mad ?
and The Actress by Daylight. 'She. deserves to
have a, big house, as she has striven arduously
to supply the highest class of entertainments,
and has made her theatre one'of the most de
lightful places of amusement in the conntry.
—At the Walnut this evening the military
drama, Not. Guilty, will be repeated. This
play has preyed an immense success.
—Little Ealy will be repeated at the Arch,
this evening, with a great cast and beautiful
scenic eilects. In many respects the entertain
mentis one of the most delightful ever given
in this city.
—The American-Theatre °frets a first-rate
bill for this evening. Mr. Gibbons the famous
gymnast will appear and will perform novel
and wonderful feats, such, for instance, as
walking upon the ceiling with hiS head doWn
wards, and there will be,besides, ballet singing;
farce, burlesque, and performances by trained
dogs.
—Messrs. Carncross & Dixey announce an
attractive entertainment at the Eleventh Street
Opera House this evening. ; :A number of
novelties will be produced.
—Messrs. Duprez & Benedict. proprietors
of the Seventh Street Opera House, will give
'an entertainment of more than usual excel
lence this evening. Their bill includes pan
tomimes, farce, negro delineations, vocal and
instrumental musici and a multitude of good
thingS beside.
—Signor Blitz, with his son Theodore will
indulge in Magic and legerdemain at Aksem
blv Buildings every night this week and on
Wednesday and Saturday afternoons.
—The concert of Mr. Fred. Tiedemann; in
aid of the German Hospital; will be given this
evening at , the German .Theatre, on. Coates
street, near Franklin. A ,fine programme 'has
beeri:arranged for the occasion.
—A few yeara aga an ingenious gentleman
managed to got drunk free of, expense almost
daily in the streets of London by filling down
hi a ilt; 'with a small laertril on his' breast,
Don't bleed rue, but give the a glass of hot
brandy and water."
F. L FETHERSTON.IIBI#
PRICE THREE CENTS.
Pennsylvania Prisons and Alms!'Oases
The Annual Visit of Inspector Dickinson
His Report to the • Governor
lqahlon H. Dickinson, Esq., trammaitted,to
the Governor the following interesting xeptort
of his annual visit to the prisons ands alms
houses located in the several counties at this
State
To His Excellent?' John W. Geary, Goberhir
of Pennsylvania—Srft: On the 21st day of 'May.
1867, I had the honor to receive from sot a
commission to visit the prisons ' and
alms
houses of the COmmon*ealth, 'whiCh' dirty I
have continued to perform from the time 'elf
my appointment until the present moment,
and am' gratified to know that some goik low
resulted from'the information gained - 'by p6r
sdnal inspection of these institutions, and diet
the suggestions made in my several repertscto
your Excellency, and by you communicated
to the Legislature, have received from that
body prompt and favorable consideration.
The erection of, an additional asylum • far
the reception of the insane poor,whom [Olin&
claimed in loathsome prison cells, and in 'the
damp basements, of county poor-housles,'stiffer
ing for want of proper attention, haii beenpro
vided for by legislative enactment ; and iat no
- distant day these helpless beings will, by this
humane and benevolent act of onr,.State : au
thorities,_be cared for " and their sufferings
mitigated, and, as far as their 'condition
permit, they will made happY. • '
A nobler or more meritorious work tieVer
engaged the attention of the Legislature 'of
Pennsylvania. And in view. of ',the • great'
misery endured by the many who are now
tOnlined in these. unfit places, or who are
wholly unprovided for, the work so well begun
ought not to be delayed.
The new building should be completed as
'soon :as possible, and those for' whom the in
stitution was designed 'gathered within ita
walls, in order that they may be; by kind and
judicious treatment, improved' in mind, and
many of them e it is to be hoped, restored to
reason andsociety. , .
In my fornier, reports I found it necessary
m
to sayuckin 'condemnation of some of the
prisons visited, especially those located in
counties at'a diStance from the great thorough
fares of travel, where visitors seldom' leached.
These were described as being unsafe ; Where
prisoners could not be held, unless loaded
with chains; where, the sexes were not sent
rated, where there was no discipline, otpny
'efforts made. towards the moral or religious
improvement of the inmates ; the buildings
totally unfit for prison purposes; and where
the prisoners became schooled in vice, 'and
eventually graduated, prepared for a life of
lawlessness.
It affords me great satisfaction to be able to
Inform your Excellency that there has .been,
within a few years, an awakening on the part
of the citizens and authorities of many counties
of 'the State to the necessity of refit:4 . m in
prison structure and prison discipline!
This has been manifested more especiallY in
the counties of Lycorning, Northampton.
Lehigh, Blair, Carbon, . Potter, Clearfield
and Cambria, ' all of which have, since
my first visit to them, either com
menced or entirely completed ' new
'prisons. These have been erected in
accordance with plans given by, and under
the direct supervision of, able architects, who
have made this branch of their profession a
specialty, and who, judging from the struc
tures already completed and from the plans
of others now being erected, understand the
requirements of a Pennsylvania county , jail;
where, if those in charge have the disposi
tion,they may enforce the discipline established
by the Jaws of the Commonwealth.
In the above-named counties the authorities,
in adopting plans for now jails, have
done so, apparently, with a view to. the
introduction of the system of separate
confinement, as required by existing
laws; and where convicts sentenced for a
term of years will receive proper punishment
and discipline, with moral and religious train
ing • and as each coil is large enough for a
workshop, be, if skilled as a mechanic, profit
ably employed ; or if they have' no trade or
calling, be taught some useful branch of in
dustry, in order that they may, when released
from prison,be enabled to maintain themselves
by honest labor. •
31ercadante
I regret to say that in some of the 'counties
where new prisons have been built, or are in
the:course of erection, as strict attentidn , has
'not been paid to the manner of construction
as.a due regard for the safety and comfort of
the prisoners requires.
Centre county has recently completed a new
prison. It is built upon an eminence in the
town of liellefonte,and asfar as the mechanical
work is concerned is creditable ; but it lacks
the one great essential for a jail—that of being
fire-proof. In a county prison, whore
the supervision is of necessity not, so
close as in. the penitentiaries, , there
is always danger to, be appre
hended from fire, either from accident or
carelessness on the part of the personS in
charge, or design on the part of the prisoners,
Wks) may,and have in several instances which
have conie within my knowledge, fired' the
building in order to effect their escape. No
design or plan for a prison should be approved
unless it be tire-proof. Another badly designed
prison is the one now being erected in Luzerne
county. This, though fire-proof, is for, many
reasons more objectionable than that Of Centre
county, and on account of its architectural
beauty and its unfitness for the purposes' of a,
county jail, deserves more than a passing no
tice.
In the spring of 18613 the Commissioners of
Luzerne county commenced the erection of a
new prison. This building, now closely ap
proaching completion, stands on the side of a
hill in the upper part of the town of Wilkes
barre, fronting the Susquehanna river, and is
elevated about fifty feet above the level of the
stream, which gives it, viewed from the river,
a very imposing appearance. In the rear of the
building the ground is so much elevated as to
give to persons on the highest paint a full
view of the interior of the yard, affording
facilities for the prisoners' friends to hold, by
signals, communication with them when 'they
are permitted to take exercise in the open air.
This is tile only objectionable feature in the
location ; and will, I fear, be a constant source -
of trouble to the officers of the prison.
The Commissioners of the county,before de
ciding upon any plan, made personal visits of
inspection to many of the prisons and', Peni
tentiaries in thiS and in the adjoining States,
whieli unhappily resulted in the adoption of
the design now being carried out in this
building.
Mr. John McArthur,Jr., a well-known archi
tect of Philadelphia, was selected to make the
drawings and superintend the erection of the
prison.
The style of this structure is the castellated,
or usual prison style.• • •
The pile consists air - centre building, sixty
feet wide and forty feet deep, two stories
high, exclusive (ifs the basement, with two
towers onthe front, each of which has an ad
ditionalstory.
This portion, contains the residence of the„
Warden, the Registering Office,. and' the
Roard‘and ComMittee Rooms. The Sitterior
walls of the edifice are constructedofabeauti
ful drab sand-stone, obtained from the quar
ries .of James liolgate, Esti:, in the :vicinity of
Wilkesbarre. • ,
In the immediate rear of the. centre Wilding.
and, divided from it: by- a cerridor:Ntla feet ,
'Whie;is a'One-story strnettire, Used for a
kitchen, bakery, pantry, and engine and holier
°Use. •
,'r;:'J