ICIBScIN'PEACOCg. Mitor.
Vt , LUME XXIII._7NO. 248
•
FSAIM! CLOSET' COMPANY'S COM
MODES and apparatus for flxod closets. at A. H.,.
ANC/801,18 A 40.'14, 6L4 Market et. dellttt ths3ot§
WEDDING :INVITATIONS EN.
_gravedin the newest and boat manner. LOIIIII
D D Ss Stationerand Enamor. Mg Ohnettmt
t. . fe2o tf
JONES:--On the 24th inst.. Mary Jones, relict of.tho
late Solomon Jones, in the 85th year of her age.
The relatives and &tender of the family are incited to
attend the foiiMar.Trottf the reiddenee of her eon, George
Jones, rorner of Knox and Listen streets, Germantown,
on Sixth-day, the 28th ,inst., at 2 o'clock P. M., without
further notice.
.PAU7OIIING.-011 the 25th last., Theophilus Paulding..
formerly merchant of this city, in the 58th year of
hie age.
Funeral front his into residence, Varetown. Salem
.county. N.J., on Saturday morning, 29th inst. Train
for Daretown leaves the Upper Market Street Ferry at
A. M. and returns at 3.1:; P. 51.
INN.—On the 2.5 th Instant, Charles H. Shinn, in the,
60th year of hie age
His relatives andfriends are respectfully invited to
attend , the funeral. from his late residence, Haddonfield.
N. J., on Friday, January 28, at 11 o'clodt A. M., with
nth further notice. Interment at Colestown Cemetery.
Train leaves. Vine street wharf for Haddonfield at 10.15
i A. M.
SMITII.—At Warwick moose, London, on the 234
inst.. Annie M.. wife of Hileml A. Smith. of New York,
and daughter of the late Andrew Parsons, of Paterson.
TlitHlSAl3.—Stiddenly. en the Pith instant. Laura C..
yonngeid daughter of John W . and K. S. Thomas, in the
14th year of her ago.
The relatii es and friends of the family are invited to
attend her funeral. from the residence of her parents,
el...lien 11111 s, on Friday afternoon next, th o ynth in c h.
tiervires at Lt. Paul's Chureh.tiheitenham, at Hi o'clock.
Train leave, North Penusrivarda, Itallrowl Depot for
411.1 York Thad Station at V., o'clock. P. M.
THOM PSON.—On Fourth-day morning, 26th Inst.; of
lironthial consumption, Charles E. Thompson, in the
40th year of hit age.
triendo and those of the family are respeetfully in•
valid to attend hie funeral, from his late reeidente, 1112
Wallace street, on Rewenticday morning, at 11 o'clock,
'without further notice. To proceed hi Cedar tuft Come
"ry.
TRIPLY:R.—At Iderchantrille, N. J., on the morning
of the 27th bat" Frederick Homer, eon of Jacob L.
end Louisa Tripler, aged 17 months.
Tli6f:lrlTT.—On the 26th inst., Frances V., wife of
A. Truetitt, and daughter of the late George and
jillut IL Vaux. `"
FIND =At Marcative. lowa, ou the 25th instant,
toituvrly t,r thi6 fay, in the 29th year of
his ag,•. • •
810 Janeiro, L c. 11th; 159. Lottie
Wright, aged 19. wife of *.ltyyili Wright, of Baltimore,
and Of C6llll daughter of Admiral Charles A. Poor,
BEStiON & SON,
street. received to-day
-5 cases White Ground Spring Chintzes, 12H cants
I C:ISP Black said White Chintzes, 12i1 cents.
1 ruse Bls* and Wtsite.))/71ailles, 22 cents,
1 ase Black and Purple Oslaines, fl cents.
I CJSO Black Oriental Lustre. 25 cants.
I C 31149 Cron GrBili.ilks, el 623.
2 cases Lou,,v Gros Oral)] silks. el 75 awl 82.
Ica English Crape S'ello, larg'st Size.
7 rose Black all pool POO ins. 75 cents.
1 case Black Corded•edgo Ribbons, all widths.
case Black all wool 'Pauline*, i 57.11 cents.
I rasa Black Mixed Water-proof Cloths, 91 2..!. and
51 75. . ja2l 6t
ASII lONABL E BLACK POPLINS.
DOUBLE CHAIN MOHAIR. •
STAG IIIIANI) ALPACA,
SUPERIOR BLACK HIARITZ
FASHIONABLE BLACK SILK'S.
E 1' RE dr LANDELL. FOURTH and ARCH Streets.
SPECIAL NOTICES.
JOHN W ANA MAKER,
FINEST
CLOTHING ESTABLISHMENT
818 AND 820 CHESTNUT STREET.
BOYS' CLOTHING
GENTLEMEN'S FURNISHING GOODS.
ios, ACADEMY OF MUSIC.
THE STAB COURSE OF LECTURES.
SECOND. SERIES.
OPLNINO LECTVBE BY
WENDELL PHILLIPS,
MONDAY EVENING; January3l.
Subject—The Question. of To -morrow.
rE,TkIOI4II3I. NASBY (D. IL Locke), February 3
Subject—The Lords of Creation.
RALPH WALDO EMERSON, February 7.
Subject—Social Life in America.
. Rev . E. 11, CHAP IN , D. D., February 10'
. Subject—The Roll et' Honor.
GEO. WM. CURTIS, Fobruan 21.
Subject—Our National Folly—The Civil Service,
Prof. HENRY MORTON, February 211.
Subject—Solar Eclipses.
BAYARD TAYLOR, March 3.
Subject—Reform and Art.
JOHN G. SAUCE, March 21.
Subject—French Folks at Home.
Prot. ROBERT E. ROGERS, March 24.
Subject—Chemical forces in Nature and the Arts.
ANNA E. DICKINSON, April 7.
Subject—Down Breaks. '
InrAdmtesion to each Lecture,soc. Reeerroll Seats% Mc
Tieketro to any of the Lectures for sato at Goulds. No
923 Chestnut street, from a A. M. to 5 P.M. ja2.541
B-26 ANNIVERSARY OF THE, MER
CHANTS' FUND.—The sixteenth' anniversary
of the Merchants' Fund will be celebrated at the
ACADEMY OF MUSIC,
On WEDNESDAY EVENING, Feb. 2, at 7% o'clock.
The annual report of the Board of Managers will be
ead, and addresses will be delivered by
Hon. WILLIAM STRONG,
Rev. J. L. WITHEROW,
Hon. JAMES R. LUDLOW,
GEORGE H. STUART, Esti.
The orchestra will be under the direction of MARK
HASSLER.
Cards of admission may be had gratitonsly, by early
application at S. E. corner Third and Walnut streets,
No.llo North Delaware avenue, No. 816 Market street,
NO. SI South Fourth 'street, or of either of the following
counnittee
WILLIAM 0. LUDWIG,
JAMES C. HAND,
A. J. DERBYSHIRE,
THOMAS C. HAND,
JAMES B. McFARLAND,
Committee of Arrangements
ialgtfe2rp
AT THE ANNUAL MEETING OF
THE STOCKHOLDERS OF THE CONTINEN
TAL HOTEL COMPANY, held on January 17th, 1870,
the following named gentlemen were unaillmeuslY
elected Idanagere for the
l ensuing year :
JOHN RCE.
JOSEPH B. MYERS.
•
DANIEL HADDOCK, JR,
JAMES H. ORNE.
- JOHN O. HUNTER.
- _
At ti meeting of the Board hold on January 19th,
JOHN'RICE was unanimously re-elected President, and
J. SERGEANT. PRICE, Secretary and Treasurer.
J. SERGEANT PRICE,
ja27 at§ Secretary.
n4•NOTICE. -THE DELAWARE AND
RARITAN CANAL . COMPANY AND TUE
CA DEN AND AMBOY RAILROAD AND TRANS.
PORTATION COMPANY.
On and after February la, 1870, the Stockholders of
the above Companies, of January 16th, 1870, are entitled
to a dividend of Five Mper cont„payable at 111 Liberty
ptreet, New York, or 20 South Delaware avenue, Phila
delphia.
TRRNTON,N a., January 17th. 1870.
jalB 12trp 11.10EARD STOCKTON, Treasurer. •
OFFICE OF THE DELAWARE
AND RARITAN CANAL AND CAMDEN AND
AMBOY RAILROAD AND TRANSPORTATION
COMPANIES. •
riIILADIIIA, Jan. 8, 1870.
' The holders of the new scrip in t he above Companiefl
aro hereby notified that the time for payingthe last in
etallment will expire February .10, 1870. At any time
before that date it may be paid by those holding the re
ceipts of RICHARD S. TROWBEIDOE, Cashier or F.
ti CONOVER, Transfer Argent,to jrD. TROWBRIDGE,
sit his otliee, who is .anthorizod, to receipt for theeatue
on the back rf the receipt for first installment.
jaio4lo9u N, Treasurer. RICHARD STOCKTON,
~
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DIED.
NO. 918 CHESTNUT
—At the Walnut this evening the drama Xbt
Guilty will be given. It will be presented
also at, the matinee on Saturday. To-morrow
night Mr. W. L. Street, a very competent and
worthy member of the company, will have a
benefit in a tirst-rate bill. On Saturday night
the new drama by Henry Leslie and John S.
Clarke will be presented. It is entitled Lon
don; or o,ights ami Shadows of the Great City.
The scenery of this piece was painted in Lon
den,. and is .said to .be _very , beautiful.. The
Management promise toproduce the drama in
splendid style, with the following cast :
Harold 'Forrester, a young Lawyer Charles Walcot
Ralph Heron, a Thief and Footpad Lewis Morrison
Bob Austin, a Lawyer's 0 film k ag Owen Fawcett
Prof. apletoft O. H. Bradshaw
Aspinwall, Attorney at Law James Taylor
Dlr. Chalmers, Queen's ConDEICI W. L. Street
Job Forrester W. H. Bailey'
Chief Justice W. H. Jones
Policemen No. 69 Willis H. Page
James Liggett' J. O. Johnson
Clerk ' W. Lomas
Captain Butts, of the Steamship lielbeurne..W. Francis
Pliny, a Street Watt '' P. J. Wade
Newsboy. • Julian Reed
Alice Heron.. • ?dies Annie Graham
Lady Euphemia , Kra. W. A. Chapman.
- L etty Kiss Rose Wood
—At the Chestnut Stseet Theatre this eve
ning the comic opera The Little Duehess will be
given for the last time. It has improved
wonderfully,--now that the -performers have,
become more familiar with To-morrow
night. Mr. WhiLlin Nwillhave, a , benefit iu
, an
uncoMmonly attractive bill: There be'n
matinee, on. Saturday, Oen' .A Mairiage' blj
Lanterns' and , Les.. Deux fAveu,oleiJwilU.be , pre#
seated ; ' '
SPE
n. YOUNG
31/ENNEROIIOR '
GRAND ,
HAL MASQUE. ,
RAI, MASQUE,
, DAL MASQUE
AMERICAN ACADEMY OF IrIUSIO,'
THURSDAY EVENING,
JANUARY27TII, 1870
Tick eta for one gentleman and one lady, e 5; for male
at Andru & Co'N, 1104 Chestnut street; the Howe Stand,
at the Continental Hotel; Hall of the Junger:lfilumtr
chor; J`. P. Tran'e Jewelry Store, Second and Coates
streets ; Trumpler's Slcuele Btore, 920 Cheetnat etrort,
arid Henry Nnee's Store; 22 9 Nortli.-Elerhth etr&t.
Extra Ladies' Tickets. el. , Also Spe-ctatore', Tickets at
60 cents. - - • jatlth • 0t ditroi
CITIZENS' ASSOCIATION —ro.R
•(
THE IMPROVEMENT OF )3TRETS AND ZS OF PHILADELPHIA.
At the meeting for the organization of the Board of
Directors, held on FRIDAY, January 21, WO; the fel
lowing officers were elected.
SAMUEL B. THOMAS,' Prestdent.
WILLIAM V. STEVENt3ON, Treasurer.:
EDWARD SIIIPPEN• SecretarY Pro tem.
Those desiring to become members of the Association
are invited to call at the office, No. CU WALNUT
:in:MET, or give their names to the 'colletters, who
Lace been appointest, and who are furnished with
authority signed by tbe officers to receive subscriptions
and to give receipts forthe same. '
SUBSCRIPTIONS FIVE DOLLARS.
ni2614- , Cola§ SAMUEL H. THOMAS, President.
• OFFICE PEN.NSYLVANIA
1 3 ROAD C 0 MPAN T . •
PHILADELPHIA, JEDUC4r9 25. WO.
NOTICE. TO isTOCKBOLDERB.—.The annual meet
lag of the Stockholder's of this Company will be held Oa
TUESDAY', the lath day of If ehrnary.lB7o, at IA o'clock
A. M., at the Hall of the Assembly Buildings, S W.
corner, of Tenth end Chestnut streets, Philadelphia.
The annual election for Directors . will be held on
DIONDAY, the 7tb slay of March, 1610, at the Office of
the Company, No. Ziff South Third street.
jaztrei4ro
TO CO,NSI;3IERS 0
DUCTION IN PRICE.
The Board of Trustees of the Philadelphia Gas
Works 11. t, e red msd the price on all gals consumed by
Private consumers. on and after the lit day of February
next. twenty-rice cents per thousand, making the price
two dollars and thirty cents per thousand cubic feet.
Tllo3lAil U. BROWN, Eugineer.
PIt:LADELTISIA, Jan. V. MO. la273trp
-------- -
THE FIDELITY I.NSURA.NOE,
i.cDb r Till ST AND SAFE DEPOSIT COMPANY.
PHILADELP.IIIA, January 2J, 1870.
• The stated Annual Meeting of the Stockholders of this
Company will be held at its Office Noe . . 3."9 and 331
Cheettitzt street, cm TUESDAY, the Bth day of Feb
resry ne.xt.ut t 2 o clock M., for the election all Board
of Directors for the ensninc year 'and for the trawl
e,tion of curb fnrther tmainess as may come before
them. R. PATTERSON.
.13:r7 t . Secretary.
- -
fob C TEAL PRESBYTERIAN
Church (Eighth and (;terry streets.)e—Special re
diimn. services th itt I Wednesday) evening and Thursday
evening. at 8 o clock. Preaching by the Rey. R. U.
Allen. D. D., awl Rev. Herrick Johnson, D. D. Prayer
wetting at 7.41, o'clock. The public are cordially invited
to attend these services. Pr2ti-2trpa
1109 GIRARD STREET.
_ _
TUBKIOiI BUSSLAN AND PERFUMED BATHS
Bang .
own; r ota 6 o
r Depa A.M.. to rtmeroto for Ladi
"
irk HOWARD HOSPITA NOS. 1318
:
aft. JO Lombard street, Dispensary Department. Realm" treatment and medleinernrubdied gratuitous/Y .
to the now.
pi - kiln - Writ).
-At the Arch Street Theatre, this evening,
Mr. John Brougham will• appear in his
comedy Flies it: the TM. To-morrow night he
will have a benefit in agood bilL On Monday
Mr. Brougham's sensational drama The Rcxt
Light will he presented for the first time. We
havc been furnished with the following
. sketch of this play:
"The scene of the play is laid in England,
where 'Paul Maynard,' a rich young man, of
rather feeble intellect, with a disposition to
insanity has a boat-house on the lake, to,
which lie allures'Ned Macdermot ' with the
intention of taking hiS life on the suspicion
that he loves and is beloved by 'Lady Arling
ton,' who is betrothed to 'Pant' The coolness
of Maederinot' prevents a catastrophe; and
while explanations are given and received,
Lady Arlington's' brother, Dr. Bayne,' ar
rives, and learns the luding-place of a will
made by the partially insane man—a will
drawn by a tool • of the doctor's—settling
all his property en his wife that is to
be; he also learns that 'Paul May
nard' has a superstition that the red light
is a forerunner of disa.ster to ..his family,
and contrives a plan to confirm the insanity
already , developed, by lighting this at a time
when it, will seem as if done by supernatural
means. The scheme has the effect intended,and
when Macdermot' attempts to fathom the mys
tery, by rowing to the boat-house, he falls into
the hands of ' Dr. Bayne,' who stuns him, and
' then attempts to deprive him of his life by .
poison, which daSign is frustrated by Annie
Steele,' who, warned by Mrs. Holmes,' a
former victim of the villain Bayne,' interferes
just in time to save him.
In the nieantune, Paul Maynard is in
sidiously worked upon by 'Bayne,' involun
tarby assisted by Mrs. Holmes,' who turns
out to be Annie's' mother, by whom she had
• been deserted years ago, and with whom she
is in close companionship without daring to
reveal herself. Irritated beyond endurance by
fancying that Lady Arlington' purposes
driving her daughter away ; and moreover,'
startled into an explanation by the unexpected'
appearence of "John Steele,' her huaband,and
his determination to separate her from . 'Annie,'
sheturns upon ' Lady Arlington' declaresler
brother to be - the robber of the boat-house;
and the would-be murderer of ' Mactierinot,' ,
accusing her also of being his lover, just at
the instant when Paul,' full of joyous antici
pation at his coming marriage, enters the
room. This sudden accusation has the effect
of unsettling his reason, and he becomes in
stantly insane... , .
"Two years are supposed to elapse, and
Paul' shows no symptoms of recovery from
his mental aberration. Macilermot, how
ever, having ascertained that a severe shock,
similar to that which produced the malady,
had been known to do away with it, contrives
to reproduce the scene wherein Paul's' in
sanity was first developed. The result is sat
isfactory. The red light reappears and Paul's'
memory returns."
Our art-reviewer sends us the following
additional notes from Manhattan:
NEW Yong, Jan. 24.—The most extraor
dinary stagnation has supervened in the
picture trade. None of the great houses are
; doing anything, and the most .tempting Paris
fashions in paints are spread unnoticed before
the dilettanti here. The reason has been that
the great sensation gallery of the Thompson
estate has literally taken the wind out of
every other form of canvas. Something
great in the future, an opPortunity not pre
cisely understood, but felt with heating of the
blood, has kept the amateurs on the tiptoe of
expectation. The convenient , mystery in
} which that collection has been hidden, the in
genious and artistic advertising, the vast
amount of huttpnholing executed, combined
with the persistent absence from the scene Of
anybody who bad actually inspected the lot,
were just what was wanted to keep anticipa
tion on the alert and forestall any kind of
minor and less supernatural operations on the
part of connoisseurs. Since the private view.
Saturday night, however, and the exhibition
since, the balloon has a good deal cbllapsed,
and the agents who managed the job must be
sensible that they will lose by this frank pub
licity. I am >not certain but that it would
have' been better to keep the gallery closed
'until the very day before the ilale—on pre-
tence of misarrangement, immense numbers,,
confusion, or what not—and let buyers attend
with their minds" almost absolutely in the dark.
But what a testimony to the skill with
which the "corner" has been managed, is
found in the unprecedented posture of tale
riess and - waiting on the part of all the people
who ever buy pictures in New York !
Let me send you a few memoranda of
noticeable pictures which the experts here
are displaying to mere crowds of rainbow
promenaders "with no money in there."
At Knoniler's, Ilith avenue and Twenty
second street, a centre is made of Church's,
ample view of Damascus, which seems to'',
many a spectator the real apparition and
vision of a land of promise. It in one of
Church's new speculations in perspective—a
point of sight being taken at, au altitude to
which we are not accustomed, as was done in
the last Niagara by the artist. From the little
tomb or web- on a slope of Anti-Lebanon from
which Mohammed viewed the city,—and
would go no nearer for fear of temptation,—
the spectator gazes across one of the streams
of Abana to the glittering city, and thence
commands a brown sandy horizon which con
ceals Palmyra, far enough away and invisible.
The treatment is in the artist's well-knoWn
manner, too well-drawn, too minute,
and suggestive of the Claude-Lorraine-glass,
or of the reversed lorg,nette. This picking out
of leaves, branches, trees and shrubs, staccato,
everywhere to an extreme distance, is fatal to
the spirit of landscape,and in this case changed
one's dreams of the orient into more of theson
went of a topographical chart. The sky, too, is
one of Church's failures—an obvious, aggres
sive sky,without depth orpalpitati on,and toned
a great deal too dark in order to give value to
the sparkling city. Over all this, however,
Chinch has succeeded in spreading that ap
pearance of aerial thinness, suggestive of pale
mountain srinshiae at an extreme elevation, I
for which I think he has an original vocation,—
which suggests, to me at least, the' quality of
the upper atmosphere better than anything
have seen done by the methods of Rous
seau, Corot, Daubigny, or Achenbach.—M.
Knee dler now exhibits ""n pretty large
composition by Gerdme, also oriental, and at
taching itself to the Damascus scene quite like
an annotation. Ids as if you had descended the
Lebanon ridge, dismounted from camel-back,
and entered a Damascene bazaar. It is an
Armorer's booth, with a customer examining
the Wares, and an . insinuating merchant
JOSEPH LESLEY;
Secretary
patiently disputing and insisting. The detail
of orienal properties 'strewed all around, and
depending from the eve of the horizontal
shutter, is all admirable in Gerome's style of
extreme detail. But the dark interior of the
booth has that opaque, exhausted-receiver
look proper to Gerome's habit of coloring.—A
Maroulte woman, an odalisque to look at, yet
sporting with pride and abandon the cross and
other jewelry of Christianism, is by Vernet-
Lecomte, whose voluptuous painting of a
Woman of Tangier (called sometimes Queen
of Morocco) was so much admired at Basel
tine's gallery.—Prof. Jorden, a Norwegian
artist, has a good, most graphic study of a
pilot, holding his night-watch on a stormy
evening, while housed in his little
cabi n.—Bernard Preyer has a sub
ject' 'of, light-comedy genre, two
female figures with jewels ; a white satin skirt
on one of the ladies is almost worthy of old
Terburg. This is the first subject I have seen
in America by a promising yom3g artist, a sop
of the famous dwarf painter of still-life. The
young man, it may interest some lady-reader
to know, is of full growth, the offspring of an
unhappy curiosity of nature by a wife of fair
dimensions and good looks, —A telling subject
by Schreyer represents two Bedouins in wait
at the , edge of a wood. Their white hors 6 re-
lieved against the gray and burned foliage, are
most expressive and equine in attitude.—l
must not forget a worthy work of an Ameri.
can painter, Gifford's view on Lake Maggiore,
which is painted with a light, square, eiegant
touch, and is surprisingly sunny and felicitous ;
water-color itself could not have more elegance
and transparency.—When I speak, in conelu-
sion, of Brandt's " Resignation," painted
in black and , white for photography,
you will prepare your mind for some
thing very bad; it is not so, however,
for the figure has an elevated American face,
not any worse than some of Ary Scheffer's
impossible ecstatic faces, and the hands are
so well and fleshily modeled that you lose sight
of the absence of color, led
you do in an ex-
cellent engraving
figure-painters would work oftener in grisaille,
with a view to fresco decoration,—that some
of our lamentably . desolate American ceilings
might hope to receive in the fulnens of, tirnea
modest and delicate ornamentation, in a style
to whi g hthe great Giorgione was not ashamed
to"lend a bard in his day. Kurtz, the artistic
photographer, haS prepared a copy of Ntr.
Brandtie worlC,Yh, which the half-tones aro
very perfect3r preserved, and which now
. •
ti In tlicimautifttl rooms of 6134 S 4,x(trr
WHOLE COUNTRY.
PHILADEI•PIILL THURSDAY JANUARY 27, 1870.
ARV IN . NEW roam.
I could wish that our
I have passed a pleasant hour In examining
his little gallery, of choice parlor or cabinet
pictures: W. T. Ricluirds'e " Staubbach" is
now there, besides a couple of small Views on
the Wissahickon, called' ".Summer" and
" Autumn." I confess that when Richards
lays aside his peculiarity of minute detail I
can hardly recognize his pictures, or find any
compensating charm in color or quality to
atone for the familiar' leaf-veining, hark
ccrrugation, and other pretty pedantries which
constitute his individuality. The " Staub
bach" aforesaid, however, has ample evi
dence of his most unqustionable
Other interesting works are careful and very
pretty little archielogical views of ruined
churches and obsolete interiors by E. L.
Henry; excellent still-life, almost up to the
standard of Desgoffe, by the , terrifically-.
named Rdszczowski ; and last but greatest,
soine'very exquisite interiors with figures, in
a manner suggestive of, Vibert, Zamagois and
that class of artists, by Kerbsthoffer--his'
"Gipsy Fortune-Teller" and "Choosing the
Sword," are most brilliant works of art
jewelry, full of an expressive and elegant
drawing which floats through the lovely color
without, muddying it,---the gold-fish's grace
in the pool.
THE COURTS.
THE CONTESTED ELECTION CASES
Argument Before the Supreme Court
SUPIIEME Coturr—Chief Justice Thompson
and Justices Head, Agnew, Sharawood and
Williams.
This morning being fixed for the argument
in the contested election eases, a full bench
appeared, and the six appeals were taken up
together, and argued as one.
Mr. George W. - Biddle opened the argument
for the appellants (Messrs. Sheppard, Melloy
and others). He briefly sketched the origin of
the contests and the results of the exaniina
tion, with the judgments of the Court below.
Certioraris were then brought to review that
judgment. Hethen took up the case of the
District Attorney, and referred to the juris
diction granted to the Quarter Sessions
by the, act of July 2, 1839, while
the other contest are under the act of Feb
nary 2,1854, and the variance between the
two acts was pointed out. Under the act of
1839. regulating the contest in the District--
Attorney case, no provision is made for the
appointment of an examiner to take testi
mony, nor for the appointment of a receiver.
The cases having come up here for appeal, it
becomes my duty to set forward the ground
of error. There are two sets 'of errors applica
ble to each case. There is one grand promi
nent error which p . ervades all the cases, which•
I will speak of in a minute. Then there
are errors peculiar to each case. The
prominent error is this : That the Court
of Quarter Sessions and the Court of Common
Pleas of this county have undertaken to strike
out from the general count and return entire
election precincts or divisions witliout-Neces
sitY at all, without the 'prayer of the election
petition showing any ground for such an anni-'
bilation ofpuch return, and,as we contend, in.
contravention oflaw. The errors peculiar to
each case areas follows: In .the District At
torney's case. an , exarniner was appointed to
take testimony instead of- thet Court 'taking
upon itself that duty. Also, in the same case,
OD the samedaythe decision was announced, ,
a vital change
.of the structure of the peti-
tion occurred without the respondent
having.hadany opportimitY to oppose it or be
beard upon it, by which it is evident that the
District Attorney's case was defeated because
under color of this amendment enough votes
were stricken from his case to defeat. In the
case of the Prothonotary the main error pe
culiar to his case
is that instead of the Court
deciding the case at. "the next term," they
decided it at the fourth term. The error pe
culiar to the municipal officers is this: That
the affidavit required of two of the petitions
was. an absolute one, and yet on its face this
affidavit • was a swearing to 'the "best`of
knowledge and belief'," which we contend is no
affidavit at all, or not the affidavit required by
law. .
Mr. Biddle next referred to the conduct of
I the Court in regard to naturalization certifi
cates, &c. "In 39precincts of this county, and
pursuant to a. • combination between the.
election officers or a majority of them, an effort
was - made 'to ex - clude - class - of
naturalized. citizens,-.who - obtained their
papers from the Court of Nisi Prins. In the
tenth precinct of the Nineteenth Ward there
was really .no election at all. By force and
fraud certain parties took possession of the.
poll shortly after it was opened and pre
vented the qualified voters of that poll voting.
Enough of votes were not cast on the side
which we represent here to have absolutely
changed the result with regard to the case of
the District Attorney."
Mr. Biddle now ,proceeded to the details,
taking the ground that the conduct of election
officers cannot deprive the legal voter of his
rights where the voters are not the instigators
of the fraud and violence and where itis not
shown that legal voters Were excluded. The
exclusion of entire polls is not .to be recap,
'nized by people jealous of their liberties, -and
if it is to be permitted, it is not
difficult to imagine cases where a
fraudulent combination can be bad
between election officers to produce this
very result—the exclusion of entire precincts.
Take the seventh precinct of the Third Ward,
where it was alleged that certain fraudulent
votes were polled. The return in that pre
cinct was :
Sheppard .
Gib ions
Majority for Sheppard
Take from that all the fraudulent votes
which these parties allege
Leaving for Mr. Sheppard a majority of.. 168
But by the exclusion of the entire poll the
Court deprives Mr. Sheppard of 168 votes in a
division where the contestants failed to specify
in detail the ' errors. The election of 1869
showed how wrong this was. The election of
1868 was during the year of a Presidential elec
tion, and about ten per, cent. more votes were
polled than on ordinary years. In this pre
cinct—seventh of Third Ward—Mr. Shep
pard's majority was 452 iu 1888, and in 1869 the
majority for Mr. Tacker was 398., Can this
exclusion be 'tolerated in the face of these
facts ? :
Election oflcors are the trustees of the
voters. The,,voters are the, CO3tque trust, and
yet this Court is asked to punish the cestque
trust, because. of the aniSconduct of the trus,
tee. But say the Court below, we have been
warning you year after year! }row can
. you
warn the innocent voters, who have a right,
to have their votes counted? in 1867
the Court;said, if these frauds were repeated
and it was impossible to reach a conclusion,
the poll would be sent back to the Ikaaminer,
to take tostimeny, to show who were the legal
voters. Until it was' clone in this' case, no
Court ever , disfranchised entire procutiots
where the read' Was eMy to reach ,a correct
result by separating the good from the bad, :
Passing from the general error, Mr, Biddle
Proceeded'to.diseutis the errors peculiar to the'
Discussing the act of 1839, as taken from the
act of 1701 and act of 1824, he referred to the
tact that it laid over three years before being
passed,and the. Court upon which jurisdiction
was conferred' has struggled along pain
fully in. . order_... to . arrive at the truth.
in each • case., presented and without
giving undue weight to technicalities. Testi
mony has been heard by, the Court itself, to
the exclusion of business, and at other times
it has been taken by an examiner, and the de
rd.Cions• itotiefed below were announced after
argument by all the learning and eloquence of
the bar.
hi conclusion Mr. Biddle -presented these
points
First—That unless the vote of whole divi
sions is rejected absolutely in the computa
tion of majorities, each of the appellants
whose election was contested received a ma
jority of votes at tbe election in October, 1868.
fiecond—That in any case (in which the ma.
jority of votes were cast for appellants and
which were attacked) the returns are rejected,
unless the necessary steps, were taken to
ascertain the legal votes cast at the election
in 1868, the Court could not decide these cases
upon their merits.
Third—lf every illegal or unassessed vote
was rejected on the final count, the appellants,
with the possible exception of one officer, re
ceived a majority of the votes cast in October,
1868.
Fourth—Adopting oven the rule of the
majorty of the Court below, and adding to the
majority not contested the votes proved or
accounted for, and striking out void amend
ment as to the sixteenth division of Twentieth
Ward, Furman Sheppard was elected District
Attorney.
Fifth—And as supplemental conclusions
and corollaries or obvions eonsequerictm :
Without proof of the number of legal votes of
nnnaturalized citizens illegally rejected at the
October election of 1868, the Court could not
decide these cases on their merits, and there
should have been made an honest eflort to
ascertain this vote, or the petitions should,
have been dismissed.
601
149
Lastly—Without this ascertainment the
Court'could not legally ascertain the majori
ties for any one of the contestants, and could
not therefore Odor° any of them elected.
Mr. Rawle then took up the specitications
in the order presented by Mr. Biddle, refer
ring to the one having a general application
to all the cases. All that has been urged by
Mr. Biddle bas been overruled tithe and time
again. The ground of objection is. that
the Court below erred in not
quashing the petition;. became . the . Court
assumed that it
possessed the right to strike
out a precinct. The specifications sot forth
there
,was fraud and a wilful disregard of the
law for the purpose of holding au
undue, :election. The demurrer in the
• Court . below admitted all these
averMetits'ill the petition, and yet it is con
tended .that. r tho , Court erred in refusing to
quash tlie.petition. Now, what is the right of
Noter :Not to have his vote . received upon
any clay of, the year, but he must present him
self upon a Pertain day, and, within certain
hours and he must present certain
case of Mr. Sheppard. The two errors were :
First, in sending the case to an Examiner;
and second,• in allowing the amendment. The
act of the 2d of July, 18" requires that this
case shall proceed as in other contested OW
tion cases, .and hence the testimony should be
heard by the Court itself, and not through
an examiner. The Court delegated the
powerto an ox - aminer hi the face of an objec
tion from us. When you are told to proceed
in a certain way, you Must do it, and you
cannot get out of the difficulty by talking of
the difficulty and referring to the labor. If
there are not enough judges, get more judges ;
or, still better, do not decide in such a way as
to invite these contests, and thus overburden
the Court and its jurisdiction.
The amendment was another wrong. The
petition presented two grounds—one asking
the excitunen of the polls and also' he exclu
sion of certain' fraudulent votes, and yeton
the day the decision was announced the Court
allowed an amendment in order to bring in:
the Sixteenth Division, of the Twentieth
Ward, and count 40 votes against Mr. Shep
pard. In the.decision the Court counted Mr.
Sheppard out by 68 votes, but they said that
thirty-six naturalized voters who were shown
to have voted for Mr. Fox and Mr. Sheppard
might be added, but while they added to Mr.
Fox they forgot to add to Mr. Sheppard. If
these had been added it would have left him
in the minority 32, according to their own
theory. Now the 40 votes which this amend
ment brought in counterbalanced this and
made Mr. Sheppard's majority 8.
In the case of the Prothonotary of the Com
mon, Pleas it is contended that under the act
of Assembly the Court should have determined
the case at • the next term." The other side
contend that this is naerely " directory." Can.
this be so ? If this is directory to the Court,
how do you strike out entire polls, where the
officers unlearned, in the law make such
omissions I? If it is directory to the Court,
how do you throw out whole polls for omit
ting chaßenges which it is not shown changed
the result, or for omitting to mark " V " oppo
site the name of the voter? If this is to be
the law, let us have it applied equally and'
equitably.
Next we have the municipal officers. The
act of Assembly requires that the affidavit of
the petitioners shall be that the facts set forth
in, the complaint are " true." Yet in every
one of these cases the affidavit taken by the
petitioners was "true to the best of their
knowledge and belief." As long ago as 1810
thiS Court, in Thompson vs. White, decreed
that where, in an appeal, the affi
davit was required to _be _'._.« firm-,
ly believe," &c., the omission of the
word "firmly" was a fatal 'omission. This
was a decision made 60 years ago, and not on
a political case affecting whole masses of the
community.
The evidenee in this case shows that in
thirty-nine precincts—more than tett per cent.
of the precincts—there was a combination to
exclude whole classes of voters, and which,
we assert, would have added 2,000 voters to
our clients. And in the face of this we were con
tent to allow the returns to stand as at
first presented. In a case where Mr. Shep
pard is returned with a majority of 1,585, the
Court is required to look carefully at the
whole case and declare that the petitions
should hate been quashed. Take the Tenth
division of the Nineteenth Ward which the
committee of the Legislature, without hesita
tion, struck out because there was no
pretence of an election. Thus where you ap
proach the merits you observe how necessary
it, is to exercise care in applying principles.
Mr. William H. Ran-le, for the contestants,
followed, reviewing the legislation giving
jurisdiction in cases of contested election
cases, and giving to the Supreme Court the
right to hear writs of certiorari. The Court
should be careful in proceedino• to hear these
writs, otherwise 'it may be preparing
the 'way to trouble and confusion;
The record comes up for review in
order to ascertain if the record 'is
correct upon its, face, and the decision is no
part of the record, and the merits cannot be
inquired into. The writ of error is to a.scer
tain if the inferior Court has transcended its
jurisdiction. Therefore the cjuestion here is
not whether the Court below decided right or
wrong, but whether the Court below ex
ceeded its jurisdiction. This will spare
this. Court the trouble of wadding through the
mass of fraud presented to the Court bclow.
The dismal story was gone over carefully by
the Court below, and you are now relieved
from this labor; and Mr. Biddle's argument
would have been proper on a motion for a
new trial, but has no place on a writ of
certiorari
F. I. MENTON. Patlifriten
.eglog,I.T114100EN18: ,-.::
tions to entitle him tb exercise the right of`
franchise. The proof required by the election,
oftiberif is different from that required by a,
Court, and the right of the voter is a peculiar
one. What is the right of a precinct
of voters? It is not to have a ret
turn by officers who have • no- '
been sworn not by officers who 'ophrf 'the
polls other than at the homes lireseribed
by the law; not by officers who disregard
all the requirements of the law, and .re
ceive fraudulent votes. That could not
be a return y recoized b the aw.
.011 the other side it is contended tliatthiS -j will
lead to disaster, and something has been' said
about punishing the cestique trust instead of
the trustee, but do I understand thenito say
that where they have selected their own OM
`cers they are not to be held respernsihßr for
the misconduct of their represenbativesr
The test is "impossibility," and the Ciut ;
has so held,. and will strike out only whewths
fraud is so great that the good cannot be sepa
rated from the bad. But if it is admitted; as
the demurrer does, that the ftandh'
were committed, how is the Court to ,
arrive at the truth and produce a correct re-'
suit, except by the exclusion of the poll? Eveuv,
the learned Judge in the Court below, in Alia
senting from the opinion of his three brethren,.
admitted that in one precinct the frauds weree,
so gross that the division ought to be' throws
out. These innocent cestique treats,'
coining from distant °Mee and putting' ,
in votes by the handfulst Fraud is -fraud no ,
matter by whom conurdtted, and voters who -
have trusted improper persons must share
their part of the burden. Mr. Ramie re
viewed the decisions- of the!
courts, gradually approaching the
period when entire precincts were '
thrown ont,but in a Aeries of cases threatening
to exercise this power; and, as before stated,
Judge Ludlow acquiesced in this decision.
Passing to the other objections, he further
quoted from decisions to show that
all these had • been disposed
of by a long line of decisions. In regard to.
the sixteenth division of the Twentieth Whrd - '
the fraud was discovered during the legisla-
tivecontest between Thayer and Greenbank,
and was accomplished by twisting bunches of
tickets. This made a digerence of forty votes:
to Mr. , Sheppard, and we went into.
Court and•asked permission to give this in
evidence. It was not in the petition because ,
it was not known, and could not be known
until the box was opened: Our friends on •
the other side admitted the fraud, and the
Court, below allowed an amendment, by
means of which a specification was added
setting forth this fraud, and it •
was allowed the'day of the decision, but en
terecl nu7lC pro tune. The amendment being
made under the common law, it is not a matter
for review by this Court upon a writ of cer-'
tioruri. The complaint that there was mi op
portunity to meet this, is answered by- the fact
that there was an opportunity before the Ex--
aminers, for the fraud was then known to,
both sides. •
, The objection that the Court of Quarter Ses-•
SiODS referred the case of the District Attor
ney to an Examiner comes too late. It conies
after the Extunitier has taken thousand's 'of
pages of testimony. The right to refer to an
Examiner is a perfectly •clear one.. It is
contended by the other side that because the
act of 1867 gave the right to the Common.
Pleas to appoint Examiners, therefore they
denied it to the Quarter' Sessions., This is
broadly dented Acts of Assembly are drawn '
by men 'and not by angels,' •
and therefore it is not surprising that 'these``
should be imperfect The draughtsman. of
this law evidently forgot that ail the contested
election eases are not tried by. the Commow
Pleas. No one has yet been able to draw a
statute that should be above comment and
criticism.
In regard to the' term" objection, applica
hie to the Prothonotary of the Common
Pleas, reference was made to the case of
Stevenson vs. Lawrence, where the. Court de
cided adversely to the claim that the contest;,
ended with the stroke of the clock at the close
of the term. To decide otherwise would
be to allow a fraudulently elected officer to:
baffle his opponent until the term.has exPirect,"
and thus enjoy an office to which he vas.'
not elected.
'Without concluding the argument of Dix.;
Rawle, the Court adjourned until to-morrow,
morning, when the case will be resumed•
A DREADFUL ACCIDENT ON WEE.'
- • • PLAINS.
A Whole Fatally Frozen to Death.
[From the Sioux Gity Times, Jun. 224
.
We have learned the particulars of one oil
the harrowing among the many cases of stir-'
feting by the recent snow storna. The facto"
are about as follows: "A man named Dowd'
with his family, lately took a homestead' on •
the Vermillion river, about fourmiles north:
of Vermilion City, D. T. On last Sunday, ,
while the snow storm was at its height,••
the shanty in..
,which the , settler
and his family lived was so open . as to ex
pose its occupants to the fury of the, storm.
There being no Signs of an abatetneut of the
storm, Mr. Dowd, accompanied by his' wife-
and three children, the latter aged' respeit- - !-
tively 11, 8 and 03 years, started for a neigh-.
hoc's house, about forty rods distant. Mr.,l
Dowd, with the six-year old ohild ipp. his.
arms, started in advance, his wife and, tha
two other children following. On the way
the father, with one of the children in his
arms, got separated from . his wife and the
other two children. After Mr.. Dowd
reached. the house of his neighbor, •he
looked around, and not seeing his wife and
children, immediately gave, the alarm. The
occupants of the house started out in seaxch of
• the missing members. Every effort was used.
to discover the whereabouts of the lost ones,
but proved unavailing.' The next morning
(Monday) the frozen bodies' of the mother
and two children were found about 75. rods •
from the house.• They had lost their way', andt
the density of the lying snow had kept the ,
unfortunate mother and ehildren from being,
able to find the house.
CALIFORNIA WINES—THEIR PURITY AND.
EXCELLENCE DEFENDED BY AN OLD CALI
FORNIAN.—That the wine interest of our Pa
cific States is raidly developing your readers
need not be told ; we are advancing to the
point where we shall be able to exclude from
.the American market the long list of vile -
compounds now imported as genuine pro-.
ducts of the grape.
: The assertion that "California Claret is a '
dead failure," and that "the very poorest of
French Claret isinfinitely better and netteb,
cheaper than the native," are best answered, ;
by citing the fact that the red wines of Sonoma,
county . have a reputation for exoellence
- which is possessed by no wine imported at'
• double their east. The ordinary and common;
grades of imported clarets are being driveui
out of the California market. - . • - :
A host of California bon vivants will attest;
that Landsberger's sparkling wine is fir supe 7
rior to nine-tenths of tink so-called champagne
imported. It'has the Me it 'of being pure..
\ k ttsu
The best saloons of San ranoisco offer it to
theik patrons with succws, rand it' is found
upon the tables of many wee y citizens who.
would not undertake tct bolster up a local iu.-
terest at the expense of their own health an 4
comfort.--From the .4Yets Durk Tinie.s, Sept. 28,,,,
1868.
r An Englisfrsoldier in a guard-house,, who
could not read, was lately inoited to shoot hifP
corporal by seeing aqpieturo of a sbn'tqr roof
dent in ,4_police gazette. The. sohLior.
hanged. .Th 4 publisher WAS not.
--Uolhorn Hill, Loudon, so faraauS bit Bto ys.
hasb4en loyeled out of exasteu4o.
. :X7 ;'1 +
~cr~
=MO
7 , Jlr