V’ : •.
axoartao
• ••; ■■ BV JOHN W. FOKNEY,
C Wq> 'Simi
i? * • 1 .~-- l / -~-. '‘*l iTi'iij TMrr— ,c<‘ts fr.;n-t-,i ,‘
- !i ' »■■ WfctaxV^Wtoi*fdflid okrrlort. ,
to gpMeribert onffoTtho 6itt »t Six Squab*
2** iAwp* $; 7 foo» r »o*2 xiohv -M6MTiiaj'
,;,.; ,;TR|:Tira)BKi,y,i'R*iMr ','.;,,,,: i
1 ‘ f '"' > '~; !-’ ‘.itßK i®|j < ." 1 \.?..,5, 5
'"' L ¥*M';'Wxtdvt £nm 7 i^*&l»nt.to^BalHiOTfeera.,,
mftll/pftr Aiumni. in AdniM,) at.. ..7iV|2 00
**vl ' V*TM»UiUm • 6 00
- -f - «•>-;* *)»'•••• t
* Itt'K « « 7 12 oo
Vwtttty Ooploi, « . ,« 20.00
*- -Tw«irtj*Copleoyor. ortr, 1 of each • I
c-i fatoMtifaer jino&t •» .aV*«;••«.>• ft ■;*••.; t/,.. 100
for a or orer. wfuwill. l«nd
estmoosy totto gottv»op of fche.Oln#. ■ .
Postmiiter* 1 wr reqaestod to m Agent* for
- (j^tiFOßnumis. •’ ' -•’*'*
[tte- OlUfoml.
BteaSrfetif. > . -
'' SttainesaMatils.
iI'SJAiIUEL HEPBUKN haa transferred his
Oh.etnntahd,Walnit.),’?hiU.
-v r*- -- • Hq will attend "to’ any boslsou' tntniited b
<, aw care, in the Courts of Philadelphia or in the in
ferior ortho State; .
Philadelphia,-November 34,‘ 1868
tSAAC T. BEDFORD, BKIOKI/AYER,
-Ho. ill PEAB Stroat.-lickr of -21« ■ WALNUT St'„.
the Exchange; reridenco 3*21 NOBW Street.
1 Bangers and Heated baiitandiepaired, &nd HI kinds <
or Brick Work doner~“ » ,-n j
1 -Orders by Despstoh-Postpromptly nUehdet W 1 Beet
of reference; nols-2m*;
SWTP® : ADAHB EXPRESSIOO/,j.OFFIOHj
< aSO_OnBBTNDir BTBKtfT,, -fotwanU-PABOBIfI,
< PAOKAGHB, MABOHANDIZS, BANK KOTKB ul
BP*OIS, 6ltW. br. it« own .LINBS,'«r In wmnMtlon
„wUlioth«r SXPMSBB COMP AMISS,to all th» prfnatpal
MWHB nod OUXU of-«w OniloA Bt*tw ...-I •-/
■ >, M. B. BANDfOBB. i
' 'n*tiat»l AaiMrfjiUt>d«aH j
Alex, mokxnnet, "
iATTORNISY AT LAW, ‘ ' \ !
TTeiUMuunntavnu
' Will prMtle* In WMtMiJifeliuia; Attutrona wd ;io.
; dUmcoantiei.»
*.'AaaAM*. ,
A BBAMS & BCATER,
ATTORNEYS at;law. t . - >
«; 4 ,' C: - -. v- ' >LOOK fiATEN, Pif,
Will attend promptly toall professional btulneia en*
. trusted to them. Special attentiongiren to the'colleei
Uob of claimt. :+yj <y'' ! :;, • ;
r .- r ,. w’* v-s r
.t Aot, Harrisburg, pa, :,L. A‘ Maekeyl
President Xoek HaTenßAnk:;Qeaet*l.l>.'K-,Jackntaiit
‘lock Hi.T«n: -Hon..A. White,.
Hareii: Bullitt; A. Pairtheme, philadel?
;PWM-AToYariaqd,Brans,* Oo..Philadelphia:'Brans
s \ rWataou,Philadelphia; Philftp. M.Bxlqe.PbUadelf
_ phiajHdn. ATT. Parsons, Philadelphia:- WUUamsom
JayloK.AjDo., Philadelphia?: Tenar A Baris, PhJlaf
Hon. James Burnside, Bellefonte, Pa;; J.-Wi
Qtangle,’ Esq.yphiladelphia,- - ' ... t :,JyBft-tf
Sl. fotoee,' ; ; ;
• '..iATTOBNBV AX LAV)
v- . , HIO Vti.T'ONf - y ' - !
HAsnta.OotnnTj-Tnus. !
, , , . Twenty yeir* resident in TexM. r. - ,
Prompt aiicniiim paid toTand'Buiiiusi.
omos OPPOSTTB THJS OLD OAPITOL. l , . ;
“ Bktsbb to—MeMrai'Patis a&'Birney, Philadelphia.
mh3-w-ly '* .. >:u : '? . r !
c '
IHASLKS TJSTB,i OOIUUSSION MES
'.OHiSif; and Importer of. HAVAHA! B«OAB8i
WtfontitrMt. Moaaiitorj. . : ial-ly ;
I JLUHANM BABOHGrrr, ' >.■ <
‘ JLB JCmport«ni. *od: WholeealeVDsiU™ In WINES
BRAWDIBB, , WHISKEY,; OINB,' fcni IFANCY M
ttHORB, Np.,lOlT MARKS! Stoat, butwMn Tenth un
■lprtmtaatrMta..: ,r , *.. .■’(* '• lelft-tf
FANCY .FtJRS,
We bene one of the largest end tfne<rt Stocks of Gootf*
toithif Use'll tofotwd in the oitjr, all. made
= - EXPBESSLV POa OUE BA.LKS, j
'Wbloh weare jelling atthe *
LOWEST PRICES.-
to In all respect* m represented, or
- i ’'/• ■ « ; - • ‘*it 4
- M '- • -/HOMEY' EBIONDED. ; r ;
- " iv I-'FOSTER A CO., j
’ nol7-Im' - ~ . . Hump Street, bslow Ohestaut, i
JJUEFALO’ ROBES,,
BY TUB BABB OB BQBK,
; G EO. F; WOMBAT H S
415 AMD 417 ARCH STRBET,
Stationer]}
|y|OSS, BROTHER, GQ.,
,rj+ , r: Ho. 16 SOUTH fOURTH BTREBT,’ .
BLANK 'ACCODNT-BOOK MANUVAOTCRKRS, ;
;'booksbmjEHB j '& dtationbbs..
; ; aodouiit 6oosb : , v ‘V-/. i
Of every Aesttiptton, on hand; or Baled and Bound!
to'Pattern,sultid>le'lory,'.. . : f " 1
MERCHANTS/* MANUFACTURERS; T.
BANKBRfI, BROKBBfI, HffiURANOE .
. ‘*l i'J At f- ? $ ’• "
AND RAILROAD COMPANIES.
in quality, and at lotrest prices. • 3
TOBKIQN AND DOUESTia gTATIONBBr,
COMMERCIAL JILINSE/Ao., 40.
jpUPRINTING, LITHOGRAPHY/
.V‘ K '. ' . In ellthelrYarleties. ‘
PUNCTUALITY A SATISFACTION GUARANTIED;
:i x ,BROTHER,■ & CO., - ,
. .iSXATIUKJSttY •
JO' SltVf M. ITOOAN, BUnk Book MujutvAorar,
JftatfOHW asd PrlnterrNq. 300 WALNUT Street, Is pre
pared at-an'times to^forulsh, either from’tne shelvde
or malce'toorderiDooka of every deaerlptlctt,'Suitable
for Banks, Publio Offices, Merchants, of the
best quality qf JlDgUih.pr,Ani§iicaa.Paper, apa bound
In various styles; inHha tnostsubfitantisa manner.
. Orders for; JOB eF ererj 'ieseription,
ldtbograpklng. executed .with neitneoi
fi? die'Mddla
This silspHy ct Wjmk
, --o. ?-r 1 '-'fahapitf _
gqtlortng.
gAHMIENTOi MoGHATH, fit CO./
ptfl.the attention "of s the'JPublio tq'the,change In their
jßoslneM. from tie ' 1A: - " *
...v
ORBDIT T 0 A OABH TRADI; • r 1
*ft ic'-.f-iin *;?•,« 3c. r >i;i ~2 v ' ! } {•• ,r - : : *'-
. Qtt 4h*i tome, principle- m ..the/: oelebriUft h'Oasrf of
Sropfcftg Brtf&trj jdC NelrlorkfW furnlihthePubllc'
- with tbs flnert srticlesof clothingstMlow-pricesak
they, can Iw-jaaMOwd /or kfcth«Tfcady*feuufo clothing
. houses, whito burcußtoraers wfU fc»Td,the adranUge of
iupetipEaiott abtiolkb,
both asioitjte: *qd workmanship; Wo ■kallbonlloue jur
heretofore Ho keejttlhe’.lintst uiorttae lit&Pftfddaln 1
f<*Mlop L \yrfa offer, to the,
4fr4ist' maSlxigitije, peylng. customer, ply for
those whalda^9i ,lowjya stood at the
b«ftd / orour W_sseem itonly oeceemy to In-,
, form ttiepublioof the of prices, to cpm
mApd » foil thare of public . , noij.lm
U! O. -THOMPSON,
..*> l?;» (Opposite Washington Squirt,)
<*BM *fw<y*^tt J Pidtfklfc gfcaeiil wdoriirien* of 'fibiioa
fox particular Garment la ibado a
to atoe koA fit, '- All'tbosewho hare,
sn‘ ft&ariwim
of the UWstiniporta^
.t ?,*«*:*' * <:
AGRaVAT STOItE, .
• * \VhefcrsfefaUenieiirwllffibd'' '•• ' ,J ' <•> '- 1 «~ <
AKH?ntI.KB«TABIKTT OTc- -
. jriSOK-TLBS, '&QARt&, *0.,•
Cwu t-BrJittfeStef r
agzntb in- pabib aSdniw yobk,
The mcatYfeebiorf&M# style*/ as ebonae ! introduced^:
6MAII ' T ft i
~ StSet,.below ; ,. ;
'0 W&I>BOBN & GO’S.
" STORE,.
Nowcnbend »n eiteoelT* wmtment of Gentlemen’*
Wrappers* made/of Tlannel,OMhinere, de Laine and
Ifoe of'TJMer’MdtHngle Wjjr:«li#lW;H ' v ‘
. AI»S Beeperidere,: Ortteta, Beatty-TlMl, Ho-
WINOHHBTJSB k 00. ) QEKTUBUKH>8
rst%A¥‘H2t'i'£' iiiiT
:■ FA*W® BHobl.B*B >BIMS fHIM KASUIAC-S.
Ml°lr*t«<l .tyle.or.BWrt..
•’ \SSw«OT
VOL.2—NO. 105.
Fine stock '
DRY GOODS AT Fi
' ' FIRST-CLASS’ I
Irlßh Popllcs, FlannOts,
Fanoy Silks. , : lt'anketfl,
Lupin's Merino.,. Counterpane. l !,
Broohe Shawl,. Table Linens,
Now stylo'Cloaks Napkins,
Woollen Shawls, ' Table Covers,
Cloak Cloths, Shootings,
Wool.P|ald»,’ ... > Shirtings, .
Valeria, Travers, Dragnets, ,
Figured Merinoes, Towellings,
MousDoLalnes,' ~ 'Muslins, AO.
CASTOR BEAVER CLOTHS, FOR LA
• dins;, CLOAKS.
BIBBED TRIOO CLOTHS.
BIBBhD BEAVER CLOTHS;
PLAIN BLACK GLOTU3,
CIiOTH CLOAKS, RAGLANS, fto , AO.
IWEW CLOAKS .
il .. . , .OPENING EVERT DAT
AT TEtn • ' 1
- PARTS MANTILLA AND CLOAK EMPORIUM.
fINE BKAVER CLOAKB,
BIOHa VELVET CLOAKS.
-MOURNING-CLOAKS. •
- - , MISSES', CLOAKS,
. OPERA OLOAKS. •
MIX’D BEAVER CLOAKS.
Tho Lsrgsst Assortment in the. City.
. ■ AT TBS . • -
•\ PARIS MANTILLA A CLOAK EMPORIUM,
J .708 .CHESTNUT STREET,
J. W. PROCTOR & CO.
" n 23 •" ;
lllO.Ai IUTII. (
I
f ADIES’ CLOAK CLOTHS!
JLi '.-;i i Blank -Beaver Cloths.': '
, Hack Habit Oloths.
. . .. .t. i . = ’ Pilots and Feltings.
- COOPER A CONARD,
;,naa; - ,B.jß. corner NINTH A MARKET Sts,
Black mohair .
' Rot trimming Cloaks.- .
Brown and Gray do, '
Blaek Union Oloths, *1 26.
Bisck Hsblt Cloths, SLS7.to I? 60.
" " . . . COOPER A CONARD.
n 22 ; B. B. comer NINTH A MARKET Sts.
OVERCOAT CLOTHS.
Pine Blsok Doeskins. -
SideJßaod Oa?eimere*, .
. Eauov
r , Boya’,Oa?BfD3«refl. .
PattlDota from 40 to 62# cent*.
Velvet, Silk, and other Vostings.
OOOPBB & OONARD,
S. E. comer NINTH «fc MABKBT Bta,
SAI2B OF BROCHE SHAWLS
Vff and CLOAKS !!!
Unprecedented Bargain*!, ,
WoVe had a perfect jrttah! .
TFe’re gelling an immetulty of Goode]
„ .Ourlrade’a increasing!,
■ Our Mode <sf doing buslneM Beeraa Xo meet with gene
ral approval!! •' Namely— >
f ’ l - '• “To Hare But One Price.”
' •: **io sell Cheep for Oaah.”
“ Never to misrepresent Goods In order
* * TO KVPBCT BA.LEB.”
•' “ To deal falrlyand'jaetly, ahd wait upon all coito
mera with attention and poutenMß.”
*- 4< Thtla to gain their confidence} aid keep It by oon
tinning to do right ” • • 1 '■' l
% THORNLEY A O^HISM.
• -We hare rih'w on hadd -/ .
Excellent Long Broohe Shawls for S 3.
~ »: o Still bettOT.ou&Uty for $ 10, sll', $l2; $l3, $l4, $l6,
$lB, $2O, $22 and $26. , .
, Square Broche Shows from $5 up to $ll.
•„ Xoog and Square Blanket Shawls in every variety.
- Children’s, Misses, and Oentleaen’a Shawls, &o.
- Good Black Ololh Cloaks for $3.
Every other quality and Style for $3 up to $lB.
-A JOB LOT OF OLOAKB PROM LAST SEASON AT
j * i .HALF PBIOEI
■- u ; . Best Black Silks for 60c. to $1.60 per yard,
~ ,'r,. Rlch.Fancy gllka really beautiful. '
' Bvery variety of DRBBB GOODS, .
CLOTHS!- OA£SIMEBKS!!,SATTINETTS, &«.!!!
I He avy Black B er Cloths, flhVFrenehdo., &0., 3co.
s jßlahkets,Flannels, Lineup And Muslins. .
' lo fact no better stockof general Dry Goods can be
found than at - '<■•
‘ TE;O ( EKLBY ' A CHXSM’S,
Northeast Comer EIGHTH A SPRING GABDIN.
• noiB*tf * ,r -‘ Urf - r v’" .• •
/^EE4T ; B.AEGAINB INDHY GOODS.—
V*;\ 8.,7* HUNTER .
HmBEMOVEIV from No. 80 to No, 40 South SECOND
Street, .wher* he is now. prepared to tarnish ttieLadiea
.vitit'alrejihandireU'Beleotedstookof/ *
: /;: r; dbb ss.ooops,
To which he.lnvtoe their attention, being determined
td sell at exceedingly XOW PRICES. .
N. B—A large assortment of Broche, Stella, and
Treneh'Jßanket Shawl*.* 'Also,'a variety of Silk and
Cloth Circulars Constantly on hand, at the ...» -
OIrOAR EATPOBIUM,”
Kd, 40 South .SECOND Street. ,
ttJljcilesoloHra
T \RIIiL3 & SHEETINGS FOE EXPORT.
MJ BROWN, 'BLEACHED, & BLUE X)BILLS.
HEAVY; &'LIGHT’bUEKTINGB,
. Suitable for Export,'for sale by
, TBOIHINGHAH &WELLB,
24 &o«t& r/tojyr szvj 35 vbtjtta bt.
" r oo!6-ly
: @oaii3. :
OHOIOE GOODSfor the HOLIDAYS.
MARTIN & QUAYIiE'S
- • - '■**■ S*A.TIONBUYi "■
r.. xqy, Apancy goods emposium,
, ' Ifo. 1035, WALNUT STREET,
' (below eleventh.)
. A oho f ce'and> elegant assortment of Goods salted to
thecomiOg'IIOLIDAYS, comprising articles of utility,
taste,’and ornament, selected from the latest importa
tions expressly for-tbe City XUtailTrade^
M/'&iQ.’s fltook embraced erory variety of Dolls,
Wax. Crying, and Bleeping, &e., together with a large
Tariety of,.*// ..y •
PAPJE& DOLLS’ WAITING DESKS,
POET •PdLI9B; r H»IIBARIDMS J
• ’ ‘So'bAP BOOKS, PORT-MONNAIEB, Ao.
With, a-large. assortment,of Games,; fancy Boxes,
JuvebJleDppks,; Doll'Pumltnri, Theatres, Stables.
Warehouses,, with a general assortment of Toy and
fancy Articles'? ’ •'
PANS ! PANS! - PANS!
Latest atylePaos,-in Silk, Crape, and Linen,
andWlckets. ‘
BAIhY A BROTHER'S
r ■ •- >: carpet warruOOSb.
No. m OHEBTNUr-STREET.
WB BHALt OPEN TQ-DAY ANOTHER INVOICE
' /M- -i ’ 1 I- QJf - / ‘ • •
EtiflMßH -
TAPESTRY BRUSSELS,
■ '* * ’ ■ L'‘a* ‘
“OHOBSLEY’B” CELEBRATED MAKE,
• ' ' ,' -/ ; : t w
ONE DOLLAR A YARD.
. -.Qprpet .buyercwill find.our stock full andof fresh
! styjes.and PRICKS VERT LOW. ■ j ' noB-tf
'EOiiUfjes, ; J*toelra, &t.
J E. CALDWELL «t 00.,
• ''. 823 CiJBBTNUT'Btreot. ■
Hate received:! per steamers, new styles '
t - Jewelry, Ch&telaina, Vest Chains. .
* 'spiemifhnußgirjNiiß:,
Trait Sugar, Bieketf.
' • JefGbods’audtFlOwer Ya&ee;
Coral, Lays and Mosaio Sets.
• Bole Agents InPhlladelpbia for the sale of Charles
1 f r©dsham*s LONDON TIME-KEEPERB 1 *' nor 3
J-- S.JARDEN&BRO.
• . MA*Tj»AflroMEB asd uiro*T*»o Of
i ‘ , • - _ SILVER-PLATED WARE;
No. 80* .Chestnut Street; above - Third, (up stairs.)
I 1 Philadelphia. '• •
, ' ■ - CbfistajJUy'on hand and for sale to the Trade,
TEA SETS .COMMUNION SERVICE SETS, URNS
; f PITCHERS, GOBLETS, CUPS, WAITERS, BAS
: -i RETS, OABTORS.’HNIVES,SPOONS, TORES,
I - LADLES, &e.j &o.
• 'Gilding and plating on all kinds of metal, seS-lj
TAILOR,
RE. 00E80K,
• ' - ESTATE BROKER.
" Money Loaned on Bond and .Mortgage.
1/1 ' ‘ Collections promptly made,
i wM4ai 1 IfCRRIfITOWK, PA
A UCUST BELMONT,
aL Banker,
M BEAVKR STREET,
v * mw tow,
ImM totter. ol Credit, ny.11.61e to Tr»Tellera, oo ell
ipwtaof tbeworM. " • JeStmrn ■
riRONISE b 00., :
AV BP*OW AND.KXOHANQK BBOKJBa,
.. ' No.« South,THIRD Street,
rniLADBLPHIA.
Borer., to the' Blare end Beouma of PhUtdelpMa.
~frtay •1 *r, 1 -
OXIO. Kixtir. w. b. Bioinr. x, kamlmt, n*
IJIfANMYi & 00., :
LTJL’ BANK-NOTE, ; STOCK. AND EXCHANGE
> .feBOKBBS, r \ -
N. W/ OOraef of THlRD‘and CHESTNUT -streets,
a. fHinniLfaiA. ...
1 GdfieeGoxUf.teade. And Drafts drawn on ail arts of the
United States and the Canadas, on the most favorable
toms. ■
- .Collections made, and Drafts drawn on England and
Ireland.*' " 1 ‘
* Uncurrent Bank Notes bought. Land Warranta
bonstttirid RoId;-DealersinflpwIeahd Bullions Loans
lad Time Paper negotiated. . , ,
! Stocks and LoaAßnought and sold on Commission at
,the Board ef BrokerA in Philadelphia and New York,
! *«?•*. i - ,■/ .I ' .
; TRUSSES I-pttonuino French, for
Genuine French,Tor Children,
i TRUS9BSI do r ’• i ‘dor: < Ladieswi. 1
! V?-; TRUSSES! Approved American Styles. :
; ignmortAyßracesJ English Abdominal Belts,* Syria-.
!ges>a*ns'w And improved Mlf-injectlngnrticle, specially
:SwJed .to Ladies* use -Atstt bath-raom or hjdrant
•Enimas •'Trench Eeaiaries j Breast «umpa} Infants*.
'Nhtilng Tl skatvNipplA BtUßllp -ail*Shields,->Por sale
Wf, ~, D.NBBDpB, Eharmaceutlet, .
- •/. a/d Pra«tlca4 adjusterofjldeehanical Komeaietfw ■
■ VJfiA. W wmerTWELPIH ahd’BAOB Sts., PUila..
t Ladies* rooma-reatcauoe on Twelfth street, next door
!ihkfirTAMENTAL kndOOLOBE D GLASS.;
\Jr/WAhw JuerfcitfeoWfrf'a 'comprehensive and t*-
;rted J stochbf this fr&ly&eautifol juSl architectural op*
to Churches, Vestibules, Conservatories, end
'otherDulldlngs, where Itie-deemed necessary to embel*
Itth'rW-to'elTe* chaste, tad-elegant eppe*r*noe. Any
colorm*r 09,-fejtd; or ornamental, elabor
, f * SMITH,
’ '&s<:* "Whwtt ie DrUgf TiluvJand 81ms Dealers, -
’ itfMtf *rf.l*k*d vHQttta its.
Retail CDrji ©DoiJs.
3P t REASONABLE
LIR PRICKS, adapted to
lALEB, RETAIIi.
BYRE & LANDELL,
yOPRTH AND ABOn STREETS.
EYRE & liANDELL,
kOURTE ARC AROH STBSETB,
Corpctiiisb.
~ , 3xo\itts.
Stem publications.
jygONEY SAVED BY CALLING AY
G. G. EVANS’
ORIGINAL
GIFT BOOK STORE,
No. 139 CHESTNUT Street.
Second door below fifth.
I ■ SCHEDULE Of GIFTS.
P*i«nt English Lever Gold Watches worth $lOO 00 e&oh.
Patent Anchor Lever “ “ 60 00
Ladies’-Gold Watches, 18 karat oases, << 85 00
Silver Lepind Watches, warranted. <( 12 00
Parlor Time Pieces, “ 10 00
Ladies’Silk Dreis Patterns,' “ 16 00
Oaroeo Sets, Ear Drops and Tins, “ 10 00 -
Ladies’Gold Bracelets, worth from $6 to 12 00
Gents’ Vest Chains, worth 10 00
Gold Lookets, large slee & d’ble case, 10 00
.•» -»• small size, • “ 300
Gold Pencil Cases, with Gold Pens, (r 600
Bxtra Gold Venfl, with cases A hold’rs “ 350
-LadUsi Gold Pencils, “ 2 00
Gold Pens with Silver Pencils, “ 2 00
Ladies’Gold Bings. “ l oo
Gent*’Heavy Gold Rings, “ 2 50
Ladies’ Gold Broaatpiuß, “ 2 60
Misses’ « . « “ 160
Oents’ Cluster Bosom Pins, “ 3 60
Pocket Knives,' “ 1 00
Sets Gents’Gold Bosom Studs, << 3 00
' •* ‘Bleeve Buttons, “ 2 60
Pain Ladies’ Gold Bar Drops, " 2 60
Ladles’ wold Pens, with holders, “ 250
Ladies’.Pearl Cara Oases, “ 6 00
Ladies’Cameo’Breastpinsor Bar Drops (( 6 00
Ladies’ Bhawl or Ribbon Pins, <( 3 60
Lidies’-Mosaio Jot, or Florentine Pins or
.Ear Rings, 6 00
Gen's* Bosom Pins, 60 cents worth 100
Miscellaneous Gifts, varying •in value from 60 cents to
.26,dollars.
"$5OO woith of the above Girts will be impartially dis
tributed among purchasers with every $l,OOO worth of
Books sold. All Books said at Publishers’ lowest
prices. ■
New Books received os soon as published. Perfect
satisfaction guarantied in every instance or the'money
returned. Call at the original Gift Book Store and ex
amine our large stock of splendid Books for the Holi
days. n29-3t ■
A CHRISTMASBOOK ! FOR CHILDREN,
bytheßev T. STORK, D.|D»
" This day is born injßethlflhem.
• - • • A Saviour Ohrist.tne Lora.”
A bo»uU r ul volume bound in cloth gilt, with
COLORED Frontispiece, and numerous other illustra
tions.
' NOW READY. Price HO cents.
JUVENILES AND BOOKS FOR YOUNG PEOPLE,
RECENTLY PUBLIBUBD.
DR. STORK’S HOMES OF THE NhW TESTAMENT.
DR. STORK’S CHILDREN OF' THE NEW TESTA
MENT.
THE YOUNG AMERICAN’S LIBRARY. 12 vols.
THE YOUNG AMERICAN’S PICTURE GALLERY.
100 Plates.
TH R HOME STORY BOOK. Colored Illustrations
AUNT MARY’S LIBRARY. 10 vols, colored plates.
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PHILADELPHIA. WEDNESDAY, DECEMBER 1, 185,8.
egress:.
WEDNESDAY,. DECEMBER 1, 1868.
Reading Railroad*
[For Tho Preßfl. \
The coal tonnage on the . road, whioh lias been
gradually settling down to freeing point, 32 *//->
has actually got tho ooal’tonnage for
tho vreok ending November 15 being only 28,523
tone, against 38,151 tdOB for the corresponding
week in 1857. Tho president la therefore a greater
dead weight on tho Reading coal tonnage than was'
the panic of 1857, for'tho corresponding week's
tonnage was then 9,628 tons moro than now. ,Thfs
loss of tonnage but faintly shows tho e fleet of bad *
management; for, under good management,instead
of a loss of over nino thousand tons,.there would
have boon a gain of double that amount, and the
ooal tonnage for tho week; ending November 18
would havo beon from 55,000 to 60,000 tons. .The
fiscal year of 1858 oloseß on tho 80th of Novomber;
wearo therefore able to estimate;with tolerable
accuracy tho gross business of the year. ’ ,''
For the eleven months ending Oct! 31, (the ofilojal
. amounts have not been made publio.) the re
ceipts aro estimated at $2,300)000 00
Estimated rooeipts for November, the
same os in November 1857*....... 245,822 77'
Total business for tho year 1858.. .$2,545 822 77
On about $25,000,000 of oapital, or about 10 2-10
por cent. The total business in 185# was $3,01#,-
742 03 on about $19,000,000 of oapital, or about
20 0-10 peroenti This lamentable foiling off of
business, by whioh $25,000,000 earns $1,300,000
less in 1858 then $19,000,000. earnqd in 1850 i is the
result of placing an incompetent) unnaturalized
Englishman at the head of an American rail
road. Will he be continued ? Will American oili*
zenß, if thoy have a spark of manhood, sit at the
board Under him, to do his bidding, to the great
wrong of) the stock and bond-holders? I trust
not: let him get slates for his purposes.' > I
But it is refreshing to turn from this sad plo
turejand listen to “ Hope’s flattering tale,” from
tho Evening Joufndl of tho 20th instant, follow
ing the official figures for Ootober, and. also the
net profits lor the eleven months, ending Ootober
31st. I extraot as follows:
“ During, the coming year, the business of the
company must necessarily inoreqsO, inasmuch ad
they have leasod tho Chester Valloy Railroad,
running, from Norristown to Downingtown; over
which largo quantities of milk and ottior freight
are transported to tho city. Thuß it will be seon
that the future prospeots of tho 1 Reading Rail
road Company are brightening.” • t
The very flattering prospeots held out for the
(future) Cullen administration,, in this article
from the Evening, , Journal, requires mo' to say
that it is always a pleasing duty with gentlomon
to repair .the injury whenever thoy havo wronged
any ope, and, as in my former numbers I charged
Mr.iCullen v/ithincompetenci/, 1 must now, being
implied by this great achievement of his leasing
Set No. 2, (Chester Valloy Railroad,) endeavor to
o hira justice; and I am the moro impellod to do
this from the fact, that when his oountrymen in
Washington artiused themselves daring the war of
1812 in mutilating works of art, (with about’ as'
much right as,Cullen bftß to injure the coal ton
nage,) we, as a nation, orderod an inscription to ,
their honor in the following words 1 "Mutilated by
Britons,” whioh cap'bo seen near the western
frontof tho Capitol. So I, in honor of Mr.. Cul
len’s great aohlevoment, procood’ to plaoo my in-,
soription upon ihe transaction : Done by an un
naturalized Englishman. , . 1 .
Let us aqw estimate the. great, tho almost un
greoodentod valuo of this achievement. 1 The total
usincsß'of this great foedor to the Reading Rail-'
road this year will not be less- than 30,000,000 of.
mills, ana ifcis confidently oxpected' that the in
oreflßo in 1859 will be oqual to 5,000,000 mills, so
that the gross business on the Chester Valley Rail
road, in 1859, will roaoh tho onormous amount of
35,000,000 of mills ; out of which Mr. Cullen wijl
reooivo the enormous amount of forty ppr cent. for
running tw<f doily trains, each way, over tho road,
(in all eighty-four miles per day,) and keeping
twenty-ono miloS'of fn oompleto repair. Bo
that for this little service he wll! reooivo In all tho
year 1859 fourteen millions of mills. Tho expenses,
it is said, will not exceed twelve millions of mills,
so that a not result (provided thoro are no acci
dents and the trade reaches expectation) of two
millions of mills will romain for division on about
$25,000,000 of Reading etook and bonds, equal to
2-2b.of one mill per cent. Is not this enough to
make a poor stookholder’s (who has beon waiting
for dividends) heart jump with joy? Lefccoal opera
tors complain J let them threaten to'go by oanal—r
we have now a sure doneudence in tho Chester
Valley Railroad. Our President and Vioe Prcri*
dent’s time for tho last month has been woll em
ployed in bringing about so glorious a result. No
more let it .be said that <wur..President has the hide
of rhinoceros and & face of brasß,and thafbhe
shafts of X oan’treaoh him. ;Hohas been roaohodj
he has been goaded Into notion, and we have the
great result-—the Chester Valley Railroad has boon
leased for five years by the Reading Railroad Com
pany — under what authority let no man inquire.
, Pausing for.a momont after the- bare rcoital of
these great oohiovemonts, I proceed to examino
briefly,tho question Involved in tho right of for
eigners to vote in any of bur corporations.
. Would not the attempt to place an unnaturalized
Englishman at tho hoad of one of our steam fri
gatos bo looked upon as a monstrous wiokedaess ?
What would be toonght of an attempt to place as
unnaturalized Englishman at tho hQAd. of our
army, or in command of an important blit-post?
Tho bare mention of. .an; attempt would be
sufficient to arousq a feeling of indignation from
one end of the Union.-to the other. Foreigners
control the Reading Railroad becauso thoy have a
lafgo lntereSt in the shares, and-’n moderate inter
cspln bonds. If the equal in
terest in the loans pf Pennsylvania (whioh they
had acquired, .as in the case of tlfo Reading Rail
road, by, all . sorts of shaves and .commissions for
accepting bills, Ao-i) what :wculd be thought of
their setting upaelaimitoplaco someone in po
sitional Harrisburg to take oaro of their intor
•eSU? Would it be allowod for one moment by
Pennsylvania or any other State ? And shall the
corporation, (Reading Railroad,) orcated by the
State, have no proper Amerioan feeling, but pro
vided it oan get.gold, 90 matter on what terms, or
whore, allow.smcA lenders to oontrol its affairs to'
the groat injury of Other ? If
the corporation is so lost to all truo pride,det the
teaoh'thom that if it is unwise to al
low foroignors to interfere with tho State 1 finances,
it is unwise and improper to allow them to oontrpt
.the action of corporations which derive thoir ex
istence from the State byohartors revoknblo at
will by misusage. |
- Suppose- Baring Brothers, or any other foreign
banking house,interested in the loans of tho Qeno-|
ral Government, would sond a clerk to Washing
ton to overlook tho management of the Treasury
Department; and suppose ..after their olerk was
unreflectingly permitted to get a position at Wash
ington, they, tho Borings, would in tho bl&ndost
manner suggest that thoy were the' largest holders
of Government loans, and that - they would there
fore very respectfully suggest that, if Mr. Howell
Cobb wag tofoavo the position, and tbeir unnatu
ralized English olork was placed at tho head of
the Treasury Department, that jit would give great
confldeneetoEatopoaaholdorßoigovoTnmontioane.
Would we not politely tell them lo go to h — l ?
To where will wo send this’English unnatura'izod
olerk, who has beon plhcedlby the MoOalmonts at
tho head of the Reading Railroad ?. Why, if ho
had a partlelo of modesty, he would novor havo
accepted the office. Tho Insult to Americans was
great; for tho MoCalroonts,:hy so aoting, virtually
say that no one m tho United Btatos could ho found
fit to manage the rallrond. It was, and is, a gra
tuitous insult, whioh will bo recollected to thoir
disadvantage
But what shall he said of suoh porsons as jitill
favor Cullen’s romaining at the head of the Road,-,
ing Railroad? Thoy must either be lost to all
true Amerioan feeling—or perhaps, eagor in tho
pursuit of gold, thoy. have not turned aside to see'
tho great wrong they are enoournging. Following
up the question, whether foreigners have tho right
to vote in any of our corporations, it may be said
that if it is unwise to allow thorn to vote in any
way on their Interest in the United States Govern
ment loans, if all tho States rofuse them tho right
to vote in aDy way on their investments in State
loans, in what way and by what reasoning oan the*
right of foreigners to veto at tho elections and con
trol the management of the corporations, which are
mere subordinate croatures of the Stato, bo allowod
or, justified? Will wo exclude treason by the
front' door, but at the samo time rnako n thousand
openings, by chartered corporations, by whioh it
may enter until it obtains power lo control the
Stale? Corporations receiving their legal exlst
anco from tho St&to, should bo conducted in ac
cordance with the intorosts of tho State, else they
beoome dangerous.’ Many of us reoolleot the war
of the Bank of tho United States with tho General
Government. Wo havo a lively recollection of the
proscription of those days, wliQn.df you dared to
say, “ that as it bcoarno a question whethor the
bank should put down the Government, or tho Go
vernment put down tho bank, you was in favor of
tho Government putting down tho bank”—the
merohant who dared thus to speak in those days
found his bank fuoilities at onoe cut off. The mon
who passed through thoso fearful days will carry
to thoir graves tho rocollootion.of tho gigantic ef
'foil a made by the Bank of the United States, with
its Foreign Stockholders , to crush' tho Adminis
tration of General Jackson. The'bold measure of
the removal of the deposits, and tho expiration of
the ohnrter not very long after, in all probability
saved this country from tho disgraoe of seeing the
money power triumphing over the Government.
PniLADBLrniA, November 30,1858. X.
, P. S.—Fault has beon found by some unreflect
ing persons at my alluding-in these artloles to the
private operations of the President of the Road*
ing Railroad. Let any one of suoh fault-15hoars
ask’Moßßrs. Richard & Sons if thoy would
be willing or oould allow (without less of position)
one of their bonds, issuod for a quioksllvor specu
lation, f0r>533,333 (thirty-three thousand threo
hundred and thirty-three dollars), to be Hawked
about Third street and finally sold to Messrs. Clark
& Company for 54,333 loss than its
face, and this when ithad less than ninety days to
ran, being at tho rate of about’ flvo per cent . per
month- Let them also , ask whether thoy would
be willing that their paper should,be unsaleable,
in tho present’eas# state ofjka. ynonoy market, at
three per cent, permonth ? iWneri the Jato Elihu
Chaunoey. was President of the Reading Railroad,
nnd-hadibeoomb pressed dndiis; inoney matters so
that his want Of credit’ pi^.duifyhiocospitios (never
bo urgent, by half.* fifl thbsfiVf’hdvo roforrod to),
bodftme mattortf of f bop'ybreatf6n;'l pointed out to
hiDi Jchullp hutfirmly lhu.t it diu, not suit tho in*
teresisbf 1 the Rpodingß/ulroiid for him to,romain
longenat Its head £ he acquiesced in the propriety
and my views, and agrood'that another
gentleman Should be selected'to fill his plaoe,
whioh was done by tho oleotion of William F Em
lea» Esq., who succeeded him (Chaunooy) as Presi
dent. , Mr, CnlUn ought at pneo to resign—Mr.
iTohn Ashhurst could take the presidency until the
January mectiog of stockholders,
l «Y TJEI-EGIiAPM.
Tlio Slave Trade in . the . South Caro-
Him Serinto.‘
Cbablbston. Not. 30.—The interest felt in the cage
of the- slaver jjflbo,about to be tried Jo the federal
Court, lnthig distriot,.baa .made itself manifest thus
early la tire Senate of the State, in the following reso
lutions; introduced into th&t bodT bygenator Mszyofe:
"Ntsofoed, That the Constitution of the. Unite!
States cbrttaioa no grant of powcr-fo, regulate, prevent,
or restrict Commerce amongforelgn nations; and, there
forez-all acta of Congress,purporting- to prohibit or
interfere with the slave trade, between foreign coun
trlls areiuncoDßUtational, apd have, no rightful force
That the' act of Congress. doolariog 1 the
slsvq trade* tt> bo piracy, if it.be undorxtootl ra affirming
th&tUlfinlraoy'in- the nature; of things and in. the
Constitution, affixrpA what ia not truoj. end
inasmuch as it purports and intends to concert into pi- -
racy what is not so in the nature of. things, tbV
aepso'pr the Constitution, the said’ aot is mneonstitu-;
tiqhal/srall, android.- *r *•--> - ■
• '-.Ths4tfrMolatloDs coming up.for.debate under the
spiwWl order, Penstor Maayck agld■, —, ; ♦ . r
'Sfr .'President r- QMbe powers delegated hy,the Ootu-
BWatioovto tbo Governtnentj-ef, the States,
thete are butthces by which the right,to prohibit any
description 'of trade can be fnferred. doe as-the,power
given to Congtena .to- rrßulato coiapierce.irith foreign
fltatea} -another is the.pdWer to piracy and other
offenßes committed bn: the high, sow 5 aod>tbe third is l
that provloloh of the Oensiitattoo' : whi?b,*a it xedate*
ifiexnwß ttrms,exclusively tothe importation of slaves
infertile United States,h« 40 application tq theraatter
mow before ns.- The- powerioffthe Geverjtfoeat Of-the
Ctfttod SUteß to define } *ad to,punish lit as a
felottjr, rwilt proceed-to notloe v whou,l.eopBider-tho',
second resolution; and I .will noWfCpniept odcq, ; Mt. ;
President, 4o the question of thp pow?r;of Congress to,
reniste'comtnerce with foreign nations.< * :_ „
The plain interpretation of the Constitution appears
to -ine to be the.delegation to - the r Government, of the*.
United States of the power to regulate the ,commprce r
bttmteMhi'.tffiiied States and foreign liationst' If,
therefore,<.we-assume that the .power .to regulate,
eludes t£e power to prohibit, it weald confer on the
Government' the power,to prohibit the slave trade , be
tween the United. States and a foreign country. Uni
the resolutions introduced into this body do not say'
that It is’unconstitutional to. prohibit, by. acts of the
''General Government, the slave trade between our own
States dndany other nation; they only assert the fact
that it is'not constitutional, nor within the province of
Oongren,<to prohibit that traflio between two foreign
countrlss. **■*:*
No commentator upon the Constitution of the United
States/ 1 ho far&s Xbave dircovered, seems to bare taken
nfctbe question as to hoW far the power conferred upon
out Government to regulate commerce between these
States and a foreign nation Juoluden the right to inter
fere In the 'Commerce carried on between two other
oountrlfts. distinct from our own. Justice Story, how
ever? does touch.indirectlyjon this feataid of the qnes
tionywhen, after stating his reasons to show, that the
power, to regulate commerce included navigation, he
ailms up by saying, “This power the Constitution-ex
tends to commerce with foreign- nations, and among the
several States with the Indian tribes.- In regard to for-,
eign nations, it is universally Admitted "that the words
corafcrbhGnd every species of commercial intercourse.
No sort of trade <or intercourse can bo carried ou Se
ttees* this country amt another to which it does not
extend.”
’ bd that Justice Story plainly understood this dele
gated power to refer only to the commerce between the
United States aod foreign countries, and not to the
connUercehetween two foreign nations. Now, there are
acts of Congress which-purpose to .interfere with the
slavd tfado as carried cm between-foreign countries;
and-We have at the present moment a case waiting for
'trial In this distriot, m which the officers and crew of a
VeaeCl are charged with carryiug on-,the traffic in slavos
between the coast of Africa and the island of Ouba. It
is the constitutionality of such acts alone that is de
nied in the resolutions before the Senate.
- Hr. President, in my humble judgment it la a grave
question, and one that is open to serious doubt, whether
tbo power to regulate commerce includes tbe power to
prohibit any branch of trade whatever. But that is a
point that is left undisturbed by these resolutions,
Whioh pimply declare that the power to regulate com
more® does not extend to commeroajbetwoen two foreign
-nations, and therefore .cannot Include the prohibition
of; the slave trade between foreign nations. 'While,
therefore, I. myself entertain grave doubts as to the
eight of Congress ,to infer the power to .prohibit
any trade from the ‘constitutional power to . regu-‘
late commerce betweon oar own and any other coun
try,. I shall, suffer that feature of the question to.
pass, unnoticed at this time, and Bhill confine myself 1
to the position that such power does not lnolude tho
right to regulate, commerce bot Ween foreign nations,
and that when the Congress of the United States as
sumes to pus aota that interfere with any traffic car-
on betweon foreign countries, It assumes an au
thority it has no title to exercise, and commits an act
of usurpation for which it has no constitutional justl--
flcfttion. *
I shall proceed, Hr. President, to briefly consider the
second resolution before us, which denies the right of
Congress to make any. act an act of piracy which wAs
not. clearly embraced as such Id the words or tho sense
of the Constitution. When the Constitution of these'
States was adoplod. the slave trade was as legitimate
as the trado in wool, lo coffee, or in tobacco. It was
a legitimate., and an innocent trade, recognised,
as such at the time byallmen; and if tho,
J lower delegated to Oongrees to regulate commerce
s to be Interpreted into the right to' make it an
aot of piracy now to cary on that particular trade,
between any countries wbatevet. then must Congress
sqrely hive the same right, at its option, to make tho
trade in coflee, wool, or tobacco, an actor piracy like
wise. . When the Constitution was adopted, it was well
understood, what' constituted the crime of piracy.
It was robbery on the' high seas The Constitution,
ifc Ja true, conferred on - Congress the power to define
piraoy. Thero must be, doubtless, come certain
rule or line, for the' purpose of legal prose
cution, to distinguish what is robberv on the high
eats, arpUt w*s,proper that Congress should hate the
right to fo&t-oaf .what «otft Of violence, and robbery
ahquld coiaS within the definition of that eJfsnee. ‘Bat'
the povoi ia fit/lne is one thing, the power to rrcate
another Oso it be imagined or.pretended that under
the power* to define piracy, it was intended to confer on
the Government the power to deolaro any act an act of
piracy? If.. Congress rosily possessed the power to
make tbe slave trade between Africa and Cubs piracy, it
would have the same power to make the same trade pira
cy when carried on between Louisiana aad Virginia, by
way>-of tho sea. If it has the right to ’declare it on
act of piracy, to. convey, slaves between the Afri
can and. Oubau,. coasts,.;what is to deprive it
of a similar right iu relation tho transport of slaves
between, Chi?Bap«iakA bay and Mississippi ? lam utter
ly at* loasto perceive how; any person can point, out
* distinction between the two cases. And not only does
the exerolpe of this pawer Imply the right to make the
slave trade, whim oarrled on by sea between the States,
an set of piracy;- bat it implieaalso the fight to declare
the trade in cotton an act of piracy, whenever that ar
ticle is put into * ship iu our ports and carried over the
high seas to any other port in (he world.
bet it always bo bornp In mind, Blr, that we have a
tight to consider the slave trade bb innocent and legiti
mate as any other trade. - It was more so wbon the Cod-
Btltutiou of these States w&a adopted than it is now. If
we concede this* and also admit that Congress has the
power to declare this innocent and legitimate trade
piracy, then must we yiold to Ooogroas an unlimited
powor, an absolute despotism,over the whole commerce
of the nation. .-Then most yro r hold, that ns soon as a
cltisen steps into a ship and sails forth on to the high
seas, he is at the mercy,of a Congress that can at its
will [convert any act of his into the orime of piracy;
and make a felon of him. For, sir. if wo once concede
to the Government of the United States the powers
that are disputed and,denied iu the resolutions now be
fore üb, than we acknowledge that, under tho Constitu
tion. its powor overall men ami-ail tbingA on the high
seas is unlimited- .With thenq, remarks, sir, I submit
the resolutions to tho action of -the Senate.
Senator Bryan. - Mr. President I have no observa
tions to offor at this time on the merits of the resolu
tions now before-us: -put I am of opinion that the Se
nate is not now for the question on their adop
tion, and I therefore proposo that tho further consider
ation of the special order/ be postponed to a future
day, to be named at the convenience of the Senate.
Senator .B. H. .Wilson Mi;, Fxesldent, the question
Involved.in tbe resolutions before us is one of no little
importance,, involving,,as it.does, onr relations with
tho Fedoral Government., ,X- prefer that the resola-r
tions should take the regular course, and I therefore
move their reference to the Committee on Federal Re
lations.
The motion was put and carried, by ayes 25, nays 13;
Rise iu the Western Rivers.
PITTBBURO,- ‘Nov; 80 -i-Tbe lato rains have raised
the Allegheny l and Monongahela, and there are near
ten ffeet of wateV -in 'the ohanriel. and still rising.
Steamboats are plenty, and freights low to all pomtn rn
the Ohio, and goods forwarded will be sent on without
delay. t • ■
Tlie Indian Empire.
Halifax, Nov". 30,— N0 intelligence had been re
ceived atlfiverpooi when tho L’uropa sailed on the 20th
last-, in relation to the missing steamship Indian Em
pire. It was hoped there that she had returned to
America, In consequence of some damage in the o&rly
part of her voyage.
Conviction of Mutiueers.
- Boston. Nor. 30.—Tn the case of the mutiny on board
the chip Junior, the jury have rendered a verdict, find
ing one of the mutineers, Plummer, guilty of murdor,
and the others, Garths, Stanley, and Herbert, severally,
golliy of manslaughter. They have been remanded for
sentence. - -
The Nicaraguan Emigrants.
Savannah, Nov. 30.—The Mobile Mercury of Satur
day says that moat of the Nicaraguan emigrants con
tinue to remslu in tb&jt city* and many of them are
growing restive at thhdetention.
KcpnbHctin Nomination for Mayor of
t ISoston.
Boston, Nov, -39.— Tho Republicans have nominated
Moses Kimball as a candidate* for the office of Mayer of
this city. • - ; -
Arrival of-the Steamer Ilnmmoniu.
Nmv York, Nov.'Bo—The steamer Uammonia has
arrived at this put, with London dates to tho Bth inst.
Sinking of a Western steamer.
Mbmpris, Nor 80.—Tho steamer Kate Vrißboe was
sunk on Handny last. She was pumped out, and arrived
here yesterday. .
TJIO Little Hock Knilronil.
Mbmphis.Nov, 30.— Tho Little Rock Railroad has
been opened to Madison.
Stiow at nioutrcah
Montreal, Nor. 30,—1t is snowing heavily in this
viciulty.
SnARr Siiootinq. —ln tlio Probate Court of
Cincinnati, a gentleman applied for a lieonso to
marry a lady. He was informed by tho olork that
upon an application made on tho previous day, a
lioensohad boon issued to unother party to marry
the same lady. Nothing dauntod, however, No. 2
took oat his lioenso. rolyiog upon hie superior status
with the lady, and, as wo sinco learn, euococded in
obtaining hor hand, though his rival was first
armed with a legal permit, and, it is said, was
most favored by tho good wishes of tho young la
dy's mother.
Healtip op General Paez. —Tho condi
, tlon of Gonoral Paez oontibuos to improve, all un
favorable symptoms having subsided. Tho com
mander of tho Caledonia was yesterday at tho
Generate quarters, ABtor House, N. Y., and inti
mated protty strongly his wish to bo going. Senor
Ibijis and tho other members of tho General's
yjarty wore yestordny at tho navy yard, in con
sultation about their movements. It is boliovod
that General Pacz will bo in a situation to render
it safo to embark in a day or two.
The right wing of tlio Second Regiment,
Now York, under tho oommnnd of Col. Robipson, l
wont down to Qaarantino last Momlay afternoon,
to roiiove tho lefc wing of the Fifth 1 Regimonfc.
Tho Second Regiment v+ill remain at Staton
Island until tbo 15th proximo, when thoy will bo
; reliovod by tho Elovonth Kogimont, Col. 11. Boat*
wiok. < » i‘
’ By AN ORDER of tho Emporor of Austria,
the right hitherto exorcised Jay military command
ants to inlliot corporeal punishment has boon cur
tailed. For tho future no commanding officer of a
regiment oan order more than forty blows with a
oane or birch to bo given, and no chef d’escadron
pr 'captain of a company more than twenty.
THE ALLIBONE AND NEWHALL CASE.
TRIAL FOR CONSPIRACY.
CS-RKAT ARRAY OF COUNSEL,
excitement in court.
(R«port/d for ThoPreflfl.l
QiURTEtt SBSstOHS—Judge Thompson—
y«»i««d»y morning the Court of Quarter Bbbblodh wit
nessed n Bight, whiob, if the old wfttlß'and faded furnl-
Inre were affected by human emotions, or gifted with
the power of speech, would have made them cry out
with, surprise. For once, within the memory of the
oldest Inhabitant, the oourt looked respectable—th&t
is, it Was mied with, the moneyed aristocracy of-this,
city. The array of counsel on the part of the d«r,
fondants is something-tremendous—not so much s in
tho numbers as in the we’ght of metal—and, the
preliminary skirmishes yesterday Indicate .that the
battle* itself is to be desperately and determinedly
/ought.' We. give a full report of the proceedings,
.and call, special attention to the powerful opening. of
‘JVTr. Longhead. ’ District Attorney Loughead and Denis
P.‘Murphy, Bsq.,-for the Commonwealth; non. Wm.
M. Meredith and Russell* Thayer. Esq. t for Mr. New
hall; iandF, 0. Brewster and G, M. Wharton* Esqrs,;
for Mr.A.)libone.; - ; .
Mr. Loughead. May it please your Honor, I call the
case of The Commonwealth vs Thomas Allibone and
Thomas A. Nowhall. (bill of indictment &06 of August
sessions, 1858,) to which no plea has beeuiontcred. and
-which.X now band to tho defendants’ counsel fora
,plea. . * .* . .
~ The bill ofindiotment haring boen handed to the de
fendants’ counsel, after .consultation among them,
Tbayer said: I hare entered a plea, may It please
the Court, on behalf of Mr. Newhall, and I ask leave of
tye Court to'enter, at the same .time that I plead,] a
motion for a separate trial. I. desire that pbat miy
appear upon the record with the plea I mention it,
sir,'because tho District ’At'orndy"objected to my put
ting that on the baok of the blU.without the.authority
of thpCouct. I suppose it ts perfectly proper for us to
make this motion, [Judge Thomp’on, ‘‘Certainly,’’]
and to hare it entered on the record with the plea.
Mr. Loughead : I objected to tho motion beiog en
tered as .part of the ploa. [Judge Thompson, Cer
tainly.] That was all my objection. Of course I can
not control the motions which my learned friend may
make. Will ycu reduce your motion to writing, Mr„
Thayer, and let it go regularly ©a the record ? - < .
■ Mr. Thayer. I ask leave, sir, to put it on the hack
of the bill, not as part of the plea, but to show that the
two acts were simultaneous—that, at the tlmol pleaded,
1 moved fer a separate trial.
Judge Thompson. Put your motion In writing, Mr.
,Thayer Motions do not go on the plea, of course. I
Mr. Thayer put hie motion in writing as follows :
“ And now, November 80th, 1858. before,the jury is
called,-and when called upon for a plea, Mr.. Thayer, on
behalf of Thoraaa A. Newhall files the within Affidavit,
and moves for a separate trial.”
The affidavit is as follows :
Commonwealth of Penna.} ,
ThnmM Amhrtnfl I Quarter Sessions, Aug.
Th lad b [ flexions, 1858, No. 906.
Thomas A. Newhall.< J
Thomas A. Newhall, being duly Affirmed according to
law (iaith, That he is entirely and absolutely innocent
of ail the charges contained In the above bill of indict
ment, and that he verily believes that, in order that ho
may have a just and fair trial, it is necessary that a sepa
rate trial should bo awarded to him by tho court; t&at
there Is a probabi.ity that the defendants in the said bill
will sever In their challenges, and in order that he may
fully cxereise the right of challenge which the law
gives h'ra it Is necessary that a separate trial should be
awarded to him; that if be is not tried separately the
jury may be embarrassed, and defendant’s interests im
perilled by evidence of transactions which may be ad
missahle against his .co-defendant, but which have no
connection whatever with this deponent.
Thomas A. Newhall. >
Affirmed and subscribed .before roe, this 80th day of
November, 1858. WILLIAMS OglS, Alderman.
Mr. Thayer. May it please the Oourt, the right of a
co defendant to a separate trial wherever the right of
peremptory challenge is given him by law, is one which
has boen recognised both by tho English and American
cases in many Instances-. -I ’will detain your Hondr
fora few-moments while I refer to afevr of those inf
stances. The first to which I refer is Thomas Harri-,
son’s case.‘(sth State Trials, t>. 1007.) |
‘ ( Thomu Harrison/ Adrian Scroop, John Oarew,’
Jobn Jones, Gregory Clement, Thomas Scot, wire
brought to the bar accordingly. # * # *
a Sir Joshua Ash being next-called, Mr. Scroop ex
cepted against him ... ’ . ;
Sir Jeremy Whichcot, B«rt., beiog next to be
sworn, Mr. Scot excepted against him.
“James Halley, *pq., being next to be sworn, Mr.
Scot excepted against him.
1( Court. If you will not agree (speaking to the pri
soners) in your challenges, we must be forced to try you
seveially.' ;
“Henry Mildmay, Esq., being called nox*, Mr.
Scroop excepted against him.
“Court.' We must needs try them severally; there
fore set them all aside but Harrison,”
Harrison was tried alone In-tho same book, page
1031.1 quote from the trial of Adrian Scroop: - j
“ Prisoners brought to the bar, viz: John Jooes',
Adrian Scroop, Thomas Scot, Gregory Clement, John
Carow. 1
“Crier. Sir Thomas Allen.
“ Clerk. - Sir Thomas Allen, lay your hand upon the
book—look upon the prisoner at the bar.
“Scroop I challenge him, my lord.
“ Lord Chief Baron. That-you may not mistake, if
you- challenge in-this manner and do not jn)n .vour
challenges, we mu*t try you'severally one after another;
I must toll you thoconrae'of the Jaw t-if
one, -and another challenge another, we must sever and
go to trial one by one ” ■
1 I-Vofer also to the trial of John Carow, in the same
’•o’-Ir, 'page 1018': Several prisoners being set to tho
bar:
>* L. C. Barron, Are you all agreed as to your chal
lenges?
“Prisoner. No, my lord. ? ,
“L.O. Barron. -Then, we must do as before, sever
you and go to trial severally.” - < s ,•» i
Iq 12th Howell’s State Trials, psgc 2385, Robert
Oharnock and others were indicted for conspiring to
produce the.death of William 111.- When they were
put to.the bar the following proceedings took place: ;
' ‘ ti. 0. J. took ye. you ihatare the prisoners, every
one,of you has the liberty to challenge thirty-five of
those that kro returned to serve upon tbo jarr that is to
trv you, without showing anyoause Now, if you wilt
all join In the same challenge, then we can try yon *ll
together, as'ye aro all together jointly in the indict
ment ; and save tho time and tronble that will otherwise
be unavoidable. But if you will not join -in the same
challenge, but every men challongo for himself, as by
law ho has liberty to do, we must be forced to try you
single, and. therefore, we would know of you whether
you design to join in your challenges or not.”
Afterwards in the BAme case, (p. 1389)': -
“L. 0. J. I toll you what the law Is in such cases:
you may, every men of you, ohalleoge tbirty-livo pe
remptorily without cauuo; but if you do not all agree
in the same challenges, ye eaonot be tried .together by
the same jury; but the court must separate you, and
try you every one singly.
‘‘Oharnock. My Lord, I have got a copy of the pan
ned ; if tbeso gentlemen that aro bv me do agree to
join in tho challenge, lam very well content; it is in
different to me.
“L, O. J. Do you understand what is said to you,
Mr. King and Mrs. Keyes? Every one of you may,
without showing any cause,.except against thirty-five
of those that me returned of the jury which are to try
you, if you have no mind that those should be sworn;
but then, it each of you do separately challenge thirty
five, ye cannot be trlod by the same jury ”
. In Commonwealth vs Drew ot al. (4 Mass. Reports,
891,) the defendants were indicted for the wlUul mur
der of Kbenezer Parker. “ The prisoners on their ar
raignment pleaded not guilty, and not agreeing in their
challenges to the jurors, they were separately tried.”
The syllabus of the case of The People vs. Howell
(4 Johnson’s Reports, 301) is: *
“ A person indicted for forging an order for the pay
ment of money is not entitled to a peremptory chal
lenge, it being an offence under the statute, punishable
only with imprisonment for a term of years.
“ In all cases where a right of peremptory challenge
does not exist, two or more persons may be indicted and
tried jointly or separately, in the discretion of the
court ”
The oiurt say, in their opinion:
“ In this case, then, the prisoner was not entitled to
his peremptory challenge, and consequently the force
or the objection to his being tried jointly with Mitchell
la destroyed. In all cases, at least where the right of
peremptory oballenge does not oxlßt and two persons
ore'indioted jointly, they may be tried jointly or sepa
rably, at the discretion of tho court. This is the set
tied practice, both here and in Enrl&nd ”
In the case of Tho Penplovs Vermilyea,(7 Oowen,
p. 188,) the same point being raised, the conrt said:
“ It la 'now the settled doctrine that the right of pe
remptory challenge being out of the question, two or
moro defendants, jointly indicted, are to triwi joiut-;
ly or separately, in the d scretion of the court.” <
That was tho case of an Indictment for a conspiracy
to defraud an incorporated company. The United
Statesva. Sharp et al. (1 Peters’ Oircnit Oourtßoports,
113) was an Indictment for endeavoring to make a re
volt—iro offence which, of course, requires several to
complete it;
“ The prisoners, on their arraignment, severally
pleaded not gQilty. Tho counsel for tho tbreo first
moved that they might bo tried by one jary distinct
from tho other four, 03 their defence was not only dif
fer* nt in some respects, but ot variance with that of the
other four. The difficulty of making their challenges,
where some of the prisoners might approve of the men
challenged by the others, was stated as a reason why
they had a right to olaim separate trials.
“ The court granted the motion ”
In one of oar awn cases, Willows vs the Common
wealth (5 Sergeant and Riwle. p. 68), tho right of the
defendant to the full benefit of his peremptory chal
lenges is very clearly laid down and recognised.
The court say that a defendant who is indicted for a
misdemeanor here being entitled to peremptory chal
lenges, the same reason applies which allows a seve
rance in cases of felony at the common law The lean
ing of the Supreme Court towardß separate trials in all
criminal cases Is very strongly shown by the late case
of Fife vp. the Commonwealth, (6 Casey, p 87 ) where
an objection was msdo that a motion for a separate
trial had been overruled; but, unfortunately for the de
fendant, it did not appear upou tho record, and so the
Supreme Court could not take any notice of it; but they
intimated pretty strongly that if it bad appeared opon
the record, thoy would have reversed the proceedings
for error
Iu Lewis’s Criminal Law, on pages 611 and 661, this
qucßtion'ifl referred to ami discussed, and it is there
stated to have been the practice in the second and the
eighth judicial districts of our State during the presi
dency of the learned author, to grant separate trials In
all cases where tho defendants sever in their pleas, or
apply for separate trials, and refuse to join in their
challenges.
Id Richard Noble’s cane, (15 Howell’s State Trials,
735.) the motion was made after tbo prisoner had made
his separate challenges, and the jury were sworn, and
the conrt, under those circumstances, refused the mo*
lion for a separate trial; and the reporter comments on
the decision of tbo oourt evou under those circum
stances, and shows that it is contrary to the previous
authorities and the reason of the thing. '
Now, may it please your Honor, the injustice of try
-Jog two defendants together, put'ing them in the same
box. making them take the same chances, must. I
think, be apparent upon the slightest consideration.
For instance, upon looking at tbo fifth count of the In
dictment, your Honor will observe that they are there
charged with a conspiracy, in connection with divers
other persons, to the jurors unknown.- That opens the
door to the Commonwealth to give In evidence almost
anything they pleaso. They may not only provo a con
spiracy between these two gentlemen, but they may prove
u cQDppirqcy between one of tbem.and any other per
sons; They may go in’o matters with which my cliont
ban not, and> never has had, the slightest connection
whatever , In this way, they may get this whole thing
into such an inextricable jumbio that no man’s rights
could be safe. Und«r this fifth count or the indlotment,
oud of these defendants might be convicted and the
otjbera acqulttod; because, as your Honor very woll
knows, the rule with regard to Indictments for conspi
racy is, tbaUf two aro jointly indicted, and one be ao
.quitted, tho other cannot he convicted, does not ap
ply toacaaowhero they ore charged with being guilty
of that conspiracy, in concert with' divers other per
sons, to the jurors unknown That is perfectly well
; sittledr and your Donor will fled the authorities col
lected in Wharton’s Criminal Law, section 3,339; and
3d Chltty’s Criminal Law, pigo 341 Matters affecting
ode'of thexe defendants, and tbeso divers persons, to
the jurore unknown, may be given in evidence to,affect
ouo of the dofepdanta, because it cannot be kept out If
• it is offered to connect him with these divers persons;
and yet. with these transactions,', and with that conspi
racy attempted to be proved, it may be as dear os day
lightf’ to your' Honor that the other defendant had no
connection, and- that he never heard, or knew; or
'dreamt of*any J of the transactions irhicb are thus
; ; TWO 'CEJNTS.
attempted to be proved under that general count in the
lodWtraent. • 'Jf ' ', ,T i .• 1 i t < •
In anstrer to all this, whpt-oan .be said? What rea
son can be given why the defendants should not be
separately tried? : It cannot be Bald that It would de
feat the ends of jastioe because if one man is' Innocent
and the other is not guilty rif that conspiracy wl*h him,
and it follows from the acquittal of one that the other.’
to acquitted also,, it ipmplv follows that jnstfce has
been done, and no other ioferonce can be drawu from
each a stale of things.,. Bat, as l have,said, it wopld
be perfectly competent for the’ jury/listening to mat
ters under the fifth count with which' one of the de
fendants bad nothing to do, to acquit one_apd.convie# r
the other; that is. t> treat them as several defendants;
and if they are to be treated on the pleadings, on the
trial,- and iu the evidence, as. several defendants, why
onghttbey not to be tried Separately? and'if one;of
them asks the privilege of being tried riparately, espe
cially when by t joining them they are deprives of itn
p >rtant rights, which are fiecafed to thein by the laws
of the Ooramonwealthr-X refer to the right of pererap*
tory challenge ?, The’right of one .defendant lo have
'upon the jary t a fnan be ; objected In'bv <he
other defendant, ip'distinotly recognised, by the Chief
Justice, In his-lacguage in the case in fifth Sergeant'*:
Rawle, to which I‘havo retorted.* I do riot , see 1 apy
other otyeotion whiohxcan bo made to, the,,motion I
niako, unless it be. perhaps,, that it will pot the Com- 1
monwcaltb totfae trouble of trying two enßeiinsteadjof
pnq— ‘whjch,l suppose should, not for. a
raomont stand in ’ihe .way of the administration '-oC,
justice; *■ 1 l : f ; ■>:; j .
Mr.' Brewster. Befpre the argument on
ju»t raised is proceeded with further, it 'may be prdper
that Mr, Wharton and 'myself/mr behalf of the other;
defendant, Mr,. I Thomas.Allibone, should present his af
fidavit arid his moUori. 'lt’is almost in words the same’ 1
awthat whichhas beeo presented to yonr Honor on ■be-'’
hair of the othey defendant, bnt,.for the-bettqr informa
tion of the conic lino - my’ learned opponent,' I will
read it: \ - • \ ... • r '
Thomw AUibona, being duly sworn according to law.
SM*n : That he Is entirely dad’ absolutely Innocent of
all the charges contained in the above bill of Indict
inent, and that he verily believes that, to secure to him'
a'jtjflt andfair trial, it is absolutely necessary that a
separate trial should be awarded to him.. He shows to
the court the following reasons In support of thls’alle-'
gation : \ i ' , - - . -' > ; .
let.. He ia informed* and verity believes, that be aid
his co defendants will sever in their’challenges.' * v ' ; ? ‘
. 2d. That in the event of-a .-joint trial the court aid
jury may be embarrassed, and the case of this deponent
improperly-affected by tfvider ccf’of tradsactiona adtais
sible only against his defendants, but which- have ho*
connection with deponent. „ Taovas Allidoxb.l
Bworn and subscribed hi fore J»web B. Dare,'‘Crier, j
We certify that,,iu our opinion, a separate trial Is*
proper for the protection of defendant'Allibone.'
G. M. Whabtos,- I
P. Oabrolij BnswsTSß, ’
„ „ ‘ Pot'deft AlHbone.-
Beforeigaying anything in support of‘this motion, or
In adaition.to what has been said,ln the similar motion
on behalf of too other defendant, we should prefer to
hear from our friend bn the other side,- - - ; - -
Mr. Longhead. May it please your Honor, I have
been somewhat surprised by this motion The firstin
tiinatioa Trh’ch I-hadrthat-sooh a motion was to be
raade was when my learned friend, Mr: Thayer, rose to
makeitjor, rather, when be declined implead unless
I would agrpe, that such a motion -should ,bB-embodied'
with the pies. I have never yet heard of a'casein hr
celmlaal court, where- thb- ofTeneewaa conspiracy. In
which thp conspirators-, were aUotNd'separate triaU *
Inßome instances, and those rire ones, taken,' as my
learned friobd has taken them, here andthere;'ip easqs
of, high crimes, such as homicide, cases where-one,
defendant alleged that he woutd be the accuser ofahq-'
ther.Jhave heard of a. court, In a sound disoretion-r i
and I have always doubted the wisdom of It—granting
separate trials; bot'never Id this court,* or In an'action
such as the prosont. . ) -
My learned friends.put this application os'twb
grounds, the first of which is that otherwise they will
be interfered with’ln their challenges, because they
have aright to’peremptory challenges in this case nn- :
der a special statute, which richt they, had not atcpm
‘monlav. t take leave to say to the gentlemen upon
the other ride, and to sixbmJtjto-the cmrt. that they
have not read aright the act of Assembly giving them
the right of ohalleoge 5 that they have ntf separate chat- .
lenpe in this case of misdemeanor; -that the act,of -As
sembly, under whlcWialone they can claim the right‘to
challenge, gives to the “defendants M ia such-a case as .
this, and not to each defendant, Aright to four.obalr
lengea,aud' no more It has been so'rufoa'drer and ’
over again in this court . Let me turn jour Honor-to
the actof Assemblyof April, 1834.. It provides— .. ’
“In all civil 6ults each psrty shall be allowedto
ohalleoge two jcrors peremptorily,:- and in all criminal
prrsecntlone wherein 4 per9mp f ory challenges have not
been heretofore permitted'by law. the de/endant'or
•defendants shall pe allowed to .challenge four jurors
peremptorilyl l ’ 4 4
'-.The aof clearly means that upon every bill of Indict
-ment for,a misdemeanor the-, accused, whether. consists
ing of one 'or inoro* defendants, shall be allowed four
challenges, and uo more. > p have been prepared for
extraordinary applications in this cacse, hut not for onb
b*> extraordinary Ah tbis ! , I shall dwell uo’longer on
the point of the danger ofilnterference with the defend!
ants’ right to challenge That was, dtaqassed with
much earnestness and ability before your- Itobdrin a
i capital case—the ind'otmept of -Oapie and: Brnmos for
murder—aud it was that a joint trial .there would
interfere with the right ’to' -peremptory 'challenge, be
cause the act, further on, expressly says thot.-“encA
person charged with homicide**—drawipg the distfoc*
tion to which I have hero the right to
twenty peremptory challenges. ,The< answer was .per
fectly plain: “If you do not agree ib'your challenges',
and the. panel Ib exhausted, we must issue a new venite\
and have,a .newpapel in, and have jurors.,enough.td
comply with the law 1 * - The'same maybe said here - ,
Bomuch for the first ground. Y r - j I
Thaaeoorfd ground, as I understand the authorities
which have been cited, is. that this Is a matter within
trie discretion of the court. I admit that itiaam&t'er
within the discretion of the court, in the.ordinary sc->
captation of that term) and that the cotirt his powertq
eompf | the Commonwealth to try each of these defend-!
anti 5 but I- protest against, the exercise r!
that power. I protest againfet theaS-defendants befog
allowed a privilege, the exercise of-which X hare never
heard of In this courtbefore.' What is it that the'sVde-i
fendanta are charged with? Conspiracy./ It is 'not
charged that they did several actsnot .that one dia
one thing and another did another, hut 1 that they'con
spired and combined together to' cheat and defraud'a
certain institution. .That is t iho gist of. the , of/
fence; and though one'may have ‘done half a - dezeq
acta <jf which ,the • other : wast in’, fact Ignorant;
if tboy wero in porsaanco of the common both
o*ght to bo’tried together. •' fp’rotest; and *1 ask
leave to file.my protest against the severance of these
trials. I Tomomber that in a capital ,cause a. simitar.
pfote*t was put Iq', and the wisdom of the prosecuting
officers in doing so has never Veen,queßlioqed--a cause
whero two defendants were charged,' not with a cocgpi
racy,'but with a joint act of murder/' I allude-to the
,oaso,of Lucretia Chapman And Hina, trfed.at- Doyles
town, whore they Were charged with havlog poisoned
one WilllAm Chapman. They applied Tor separate trials
and filed affidavits alleging that, they-would be the
prosecutors of one another. The counsel for the prose
cution, Mr.Thomaß Boss and; Mr. .William D.-.Beed,
filed their protest against a severance; but tbo.court,
having tho power to do it. did sever the trials, And the
result was that, a notoriously, guilty .woman escaped,'
ADd when the other defendant came to be.tripd justice
at Inst was done, and the other defendant was convict
ed. If they had been tried together, .ro one. could
'doubt that the result would have been a joint 'convic
tions No one who knew anything of-the case or heard;
it tried doubted the propriety of the verdict lat- \
ter case, or could withhold astonishment at the first.* I
ask leave of the court, as was done In t hAtjcase/to put my
protest upon tho record against a severance of the trial
In this form: ' ' “ ,
The Commonwealth,) •
vr ( Conspiracy. August Sessions,
Thos. AUibone. and ( 1858. No' 906.
Thou. A. ffewfaalt. ) • . * '
Anil now, to wit: Not. 30th, 1868, the (Jofendanla,
being called upon to plead, enter pleas of not guilty,
and make a motion for a severance in the trial, to which
the District Attorney objects, and says that in bis judg
mortt, after a careful consideration of the ease the ends
of public justice wonll be materially interfered with
and defeated by granting a separate trial to defendants.
Jos. P Loooubad; District Attorney.
Mr. Thayer. I think, sir, that no arguments are te
go upon the record Ido not know whether that paper
is offered to go on the record.
Mr. Longhead. Ido offer ,it to go on the record.
*Mr Thayer. ‘lt strikes'mC as entirely irregular. ’
Mr. Lous head. It stands in the same attitude SA the
affidavits of the defendants and the judgment of their,
counsel.
Judge Thoinpson. Ido not think that paper ought
to form part of the record'. Do counsel desire to'Bay
anything further on this motion ?
Mr. Wharton. 1 May it please your Honor. I wish
merely to say a single word—not to arg'id the question
at all, but simply to state on behalf of my client that I
dissent from the construction of the sth count of the
indictment that has been given by the learned counsel
for the other defendant, (Mr. Thayer ) Ido not wish
your Honor t 6 suppose that Mr! Allibone’s counsel
unlto in the construction of the 6th count, or what
possibly might occur under it, that has beon laid down
by that gentleman. ‘I read that count in connection
with the bill of particulars, entirely differently.- I
have simply said this to guArd against the inference,
that silence upon this point might be considered a' taeit
acquiescence In the correctness of the legal proposi
tion. ‘ " ’
Mr Meredith. Ido not know, sir, that I havo any
thing to add to the cases which my learned colleague
han cited. I cannot imagine that your Honor will be
aided in the determination of this question by anv con
siderations but those which affect the administration of
public justice We believe, in the Qrst place, that in
asmuch rb the act of Assembly has g'veo a peremptory
challenge, we are entitled, by the rules of law. to have
a separate triaHf the defendants sever In their chal
longeß. That point came very near ; te a determination
by the Supreme Court, as I understand from the late
Chief Jastioe, in a redent ease at Pittsburgh wMeh was
cited by my .colleague. 7 and, It It had'been raiMd
upon the record, it'would have been decided in that
way, as I understand from .him. It is in conformity
with the old English eves, and ‘with our own oases
that treat on this subject so-far as‘we have found them
For instanco, the decision in 6th Sergeant & Rawlo that
has been quoted, speaks of the right of a party to pe
remptory challenges as two-fold ; first, that be should be
entitled to put aside those jurors whom be dislikes, and
second that ho shall have upou the jury those to whom
he makes no objection Nothing can show more clearly
what is the rule of the common law on this subject
than the practioe which you are every day enforcing,
no doubt, that the Grown or Commonwealth has no
peremptoty challenge, and can only challenge forcanse.
Mr. Loughead. But in misdemeanor the Common
wealth has a right to challenge to the same extent as
the defendant.
Mr, Meredith lam speaking of the general princi
ple. That right is given by express act of Assembly.
I spoke of the common law That does not affect my
argument, because that right is expressly givtin to the
Commonwealth by statute; and each’defendant is still
protected against the challenges of a co defendant by
tho original principle of the common law. 1 Now, if your
.Honor should think, that, in point of law, this is not so,
wo desire that the decision may bo so noted on the re
cord, that this question, which is not without its Im
portanaku may be submitted to a’ final determination.
If it Kmerely a matter of discretion, all we can Bny'on
behalf Mr. Newhall is that you have his affidavit (as
you now havo that of the other defendant, Mr. AUibone,
also) protesting in the most earnest itnuner against be
log tried on a chargo of this hind, of so serious a na
ture, affecting much more than his life, in such a way
■ that the evidence may become confnSed, that thd jury
maybe embarrassed, that It maybe impossible for them
to apply properly, legitimately, and 'clearly, the testi
mony to the defendants as they may be' differently
affeoted by it. . ; ■ .< , ,
Judge Thompson. I havo no doubt at all of what
• ought to be the decision on thin point. I have listened
■ attentively to the arguments of the counsel ton behalf
'or the present application, to ascertain whether any
new principle could be advanced upon which this mo
tion could be grounded. Our practice,,in this couit,
and I believe in every court in Pennsylvania; for a num
ber of years, has been settled, that this As & matter' for,
-the discretion of the Court. -The argument with regard to
the severance In challenging has’nbt bad that effeettipon
:me which the .counsel eeemßd i .to-thinkife forceSho.uld
..have, for.the reason that in practice we have found* ho
• difficulty.- I believe that-in case nf conspiracy
.tried in thiß Court, in which at least one pf the counsel
in this case acquitted himself very ably, [referring to the
Kirkpatrick case,] the same motion was made and refused.
■That is our established practioe.--It was applied in that
.case, and I see no reason why it should not be applied
Jn this case.,, The argument which ha* just beon made,
would become confused, and the ju
rors,‘arid the chart, and the counsel become confused,
'•I trust will not apply to a case which is to be tried by
counsel so eminently clear and skilful as those c°w be
fore m'e.‘ Thepractice in conspiracy certainly nesneen
'that there shall be a joint trial. < I hata-norerknown
‘ft case in which in conepiraoy there haa been
.ance, each alleged conspirator being entitled tfl»t»Pr
rate trial. - The old cases which have b£en cited from
’the fitato' Trials were, meat of them, capital cases,
•and in these there may have been -* o ™®
-difficulty : but under our act of - Awembly which gives
four challenges to the defendants, there has been here
"tefore *>'practical difficulty, and I trurt none will hap-,
pen to thiacMW. ■ I oyorruUthO motlona.
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mind the following rules: | | ? y |s S
Ever/ communication must be'accompanied by the
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the typography, but one side of the sheet should be
written upon. • - • , ‘ -- *•
We shall be greatly obliged id gentleman in Penn
sylvania and other States for contributions giving the
current news ofthe day in their partidoiar localities,
the resources 6f tho flurronndlng cotintry, the' increase
of population, or any information'that wdil ba interest
ing to the general reader. , ,
Pleas of not guilt/ be&£ recorded for each defendant,
CrJ »r proceeded,to daH a jury. ,* - - . ; <
. Brewster and Mr, Thayer each claimed the right
to ODauensiefour jurors' peremptorily. !l - «• ’ '-
Judge Thompson.' Theiettled practice of this Court
before I bad asept on the bench,,was that in a case of
misdemeanor, the defendant or defendants; If there be
more than One, have only four peremptory challenge*.
I see no reasoned depart from.that- construction, and
shall bold to it. If I .am wrong, I desire to
poin£ in such a .position that the record may be taken
up to the Supreme-Court ' .<• < . ,
Mr.’Brewßter'baving'challenged a juror on behalf of
the,defendant Allium®*, . ■ 'j "
■' Mr Thayer stated that he was not challenged by the
defendant-HeWtiaU;-'', - ’ • -< c- j , - r 'J %
Jud>e Thompson.,. If the defendants do not unite fa
their challenge’,” the juror js not challenged 1 1 'cannot
lay down any otherrute. I db DOt know separate'de
fondants In this'osdse; -There sre two defendants on
trial here r The law gives thtfmitbe right to challenge.
They will.have to uDite in i ‘a challeoge ’to exclude a
-juror.' I koow’uo other way; of*trying the.case,.and
never heard of any either practically After considera
ble del&yana much dlsoussb-n between the : counsel for
the' Comtdonwealth' sad' the dtfdridshts. thdfoUo&luft
j iry were sworn;? JbsephiEdenboru, foreman; G*)tt}ieb
Bobumecker; Thomas A- North, Joseph. Gable* Jere
miah Keen, W>Hiam' James Haross,* John
Hafibird, '- Reynold fthoanffr i.WiUism :J?.* Atcmdre,
EphraimQl*rk,*fmdßobert Miller..,,
: ;. - lUontinned on second, R .
GEMmL NEWS., ,
, A, Good. Story.—During the last few days
large numbers 'of wild geesg r havq visited one
island, arriving in flooksriffortyor mlny
of them ?hsve fallen victims, to the skill ot our
sbarp-sfyfhted sportsmen,.ahout.thirty having been
killed emce last Friday.* Qn Sunday last Mr. John
Welcome., surprised’a Hook of. them asleep',' and
managed Mo get hear-enough't<f seize one before
they were aware of his approach. The* gboee
Quilled and struggled,-and an old gander,.the pa
tnaitehof theßook/gallantly oame.-'to the resaue.
The contest wagshort/buteevera;* Welcome hold
ing his.prize by the tail feathers with one
and defending himself from- the assaults of his
feathered assailant with the otherj-wtule the gan
der .used bis wings vigorously about < his -head.
Hard blows given qn both sides/ bhMhe.pJu
mage by which the goose was held soddehly'com
irig out, ho made'his escape, 'afid thri battle t’ormi
nated (Mass ) Inquirer — t
Tobacco and Rcit-incxuir Next -TTofiib—
How rnn Spirits Get their Liquor.— in- a* lec
ture at Dodworth’s Hall. N. Y., on .Sunday, even
ing, Judge Edmonds'.said of spirits la the next
world: . ' * v J v
fl I.ohco had a spirit come to me who hadbeeu
addicted to the nse of tobacco, and the first want
he-experienced- cm enteringriuto'fr; spiritual ex
istence was a desire for that., I
with a spirit, who was' a' drunkard while living
here/fad he asked mo for drihfi.4'“l What
good would ardent spiflUdfr yeU'now’? > -And he
sold, * I can drink it through you. 1 ”t-vt -; *-
/ ' Drowned .-nr siohtop his Wiee easD Chil
dren.—©n Friday night of-laajt week; nsTMiehgel
Klogon was steering a the Delaware &pd
Hudson eanV, near.Sparrowbush, Orange county,
•H. Y.) the broke, arid/ before he conld re
coyer himßelf, be was-pitohed out of the boat,' arid,
being unable to* swim, v was; drowned. VHif'wife
and two children were in ibe boat, and with
ror witnessed .the. dying struggles, of .the uhforfu
nate man, boing unable to' render him any .as
sistance. - * *- ? -
r Good Feedebs.— Dr. Bea; 'the gentleman
who scoured the relics bf'Sir Joim Fratiklin’s Ex
peditian. in - 1854, delivered -a, lecture before: the
Geographical Society, at Rew.Yorki on Thursday
last. r Tho subject was bis expepehces in tEeifroien
regions of the North/' The frost Of .that coup try
must create enormous, appetites p for thd Doctor
says 1 the .-Hudson’s , Bay, Company/lallow. .eight
pounds of buffalo meat'as the daily ration of-their
employees.. * ... <. .
.Censds.of, Arban^as^— By tho* cohsna’ rp
ceritly taken, the whole'population of Arkansas is
ascertained to be 325, vii f 131,19 t free white
males, 113.113* free white fomales/89.385 I ’slaves,
734 free blacks. The;taxable property of the State
is returned at $99,873,248, being an increase! of
$56,973/168 withip six yeajs, more - tljap half of
which has been within tho last,two years* .'Toe in
crease in six years'bos been 'about 133rpef 6ent. v
The IncbeAsinq ;v’Alue • of- real r esta*e 'ih
New York city is Ehovrn in'the faot bufa
drod and twenty-thfee . lots.on Madison si d Fifth
avenuos, which sold in November, 1843,' for-fbrty
two
is deemed a*
and seventy-five thousand dollars. : ' 1 - 1
: A 6MAi.L febx has fately been got up by Hen
ry Bart, of Neirark, New-Jersey, With a : kind of
Opera glass attachment, and mirror.iriside; ih wbich
six eggs are plaoed at a time, and the light boing
exqludod, a glonoe.tells the spectator,whether.tho
1 eggs are sound or otherwise- It is called an gp
nOßCdpri. ’ '
* r Mis3 -OoBDtER, tho young 'French /opoxa
sihger, haa appeared in New Orleans in HoaeinTa
Barpiero, with degidedi success;' She-is^but'six
teen years old, and is said to be the youngest prl
ma donoa that ever sang on tho American stage.
This precocity, hqwever, is/ by no means iarefih
musical &nbals. i -^*.r-av
In/Verhontj rQc6ntly,a young man Bogged
hia'brother sererelyfoT preventing fits father, from
bangiDg htmrelf. ' Gubefcg remonstrated vrlttffo’r
whipping his brother for saving'his father’s life,
ho replied: “I wantedhim to know; thotutwofl
hja business to let father have his, aioii.way Vf .
A young dady of, Npw Bedford, who .had
been receiving the addresses of a. gentleman...in
opposition ta the-wishes., of hor-.parpnis, eloped
wilh her lover on Wednesday night,'-'esoapir;g
from her rosldeiico by ber ohamber window*. The
pair prOcoeded to Bandwiik and.weie married. 1 '
On Friday east a messenger of one of the
Boston banks lost a .package containing $2B 006.
The money was found by a boy who gave it to.hls
father, and it thus reached the,hands of the.owu
ers, after the myst-erioua loss had caused a good
deal of wonder. /
- The Howard Association of New Orleans
publishes a statoment of their onerations during
the soason of the epidemic: 3,414 oases were
treated, of which only 771'proved fatal The
fund of the Association has dwindled from $45,000
in August tosl, 9oo. in November. ’
Attempt to Murder a'Wife and'Step*
' • Daughter. * .
, In Detroit, Michigan,' on "Novenibor ■ 25th,- a
man: named Miohael McNamara made, a delibe
rate attempt toout the throats, of,his wife and
step-daughter, the latter a girl about sixteen years
old, with a razor, and succeeded in inflicting seve
ral very serious wounds on thoneck, head, and
hands of oaoh. the girl Buffering much, the moat
severely. Their screams and struggles prevented
him from accomplishing his object, however, and',
abandoning the project, which, from the cixonmr
stances, was to ,murder the..whole family,-.he
throw tho razor away, and gave himself up to tho
officers of justice without-resistanqo. Tho first
intimation the intended victims bad of the Inttan
tionsof tho father and husband, was his. coming
up. the stairs into the back chamber* where, tho
family, consisting of the mother, thq‘ oldest
daughter, and four little ones,'ranging from two
to ten years old, were in the not of 'retiring: -The
mother was on her knees in the act of praying.!
with her little -onos already in bed? when hq ad
vance i to a position behind her, took her by the
hair, and pulled'her head’book. ' t .
* The exact nature of the struggle* bofcweon- the
two it i 3 difficult to give, from the fact that she re*
fused to describe it for fear of implicating him, a
most extraordinary instance of woman’s fidelity
under extreme oiroumstanocs. He succeeded'in
inflicting several severe wounds on her throat, and
.then, probably, becoming fearful lest the children
should make their escape and give the> alarm,
seized the oldest girl, who was about to rundown
stairs, and made dosperate attempts to cut her
throat. Sbo screamed and struggled with all her
strength, using her bands to defend hor throat,
byiwhioh moans, the razor , was drawn: directly
through one of them, whioh was out ip a terrible
manner. She succeeded in getting away from him
after he had ont her neck open on-both sides, and
cut her head in one or two.places, and ran down
glairs, followed- by her mother, and out into tho
street. The neighbors; hearing their''fofeams;
ran out at the- same time, and desoribe the sight
os shooking in ,the extreme: the two women Tun
ning for their lives,' the* blood, streaming from
their gaping wounds, and besmearing their faced
and clothing with its sanguinary color, which, with
their fright and screams, rendered a most sicken-*
ing appearance. , ...
» The cause of the whole transaction was given by
the girl os she lay.on a couch at' the house.;of a
neighbor, soaroely able to speak from exoitoment
and loss of blood. Sho states that her father, who
died some years since, left to her mother property
to a oertain amount —woyth,: we believe, about
$1 000. McNamara afterwards married ' her
mother, and hds Since been possessed of an’insane
desire to got possession of the property, and has
used every means to accomplish that end. The
girl and her younger brother and sisters are also
heirs to a property worth about $3,000, which hah
been an object .of desiro to him. -The. family
either could not or would not give him possession,
and, actuated by a fiendish spirit of nialice And
revenge, ho has treated them in the most brutal
manner. The statements, of tho girl are corrobo
rated by those of the neighbors, and by tho re
cords of the police oourfc, whoro he has been tried
for abuse of his family.
Doings of |he Negro Emperor.
The Chronique Fartsienne oontains the fol
lowing facetious story: “ Tho Emporor Fanslm
I, who imitates' Franoe in all things, and has,
like her, prinoes, marshtfld, dukes, oounts, col
leges, and universities, recently resolved to esta
blish an academy of forty members, like the
world-renowned French Aoademy. Hat it was not
easy to soleot the forty, every Inhabitant of the
empire who could write his own namo thinking
himself qualified. So his Majesty decreed that
.3,000 of .his subjects who possessed tho reputation
of being the most lettered of all, should on a given
day assemble at his p&laoo and be subjected to &
* woro collected he announoed:that
.ihe.test was the writing of the word and
that those who made no error in the spelling
'should be members of the Academy. Pens, ink,
and papor were brought; each of the 3,000 people
wrote the word, and the judges of the land and
tho bench of bishops were charged to examine tho
3 00a papors. They proclaimed that thirty-nine
only of tho candidates' had written tho word oor
reotly—that ‘is, with aC, the remaining 2,961
•haviog used an S. * Only thirty-nine,’ oried the
Emporor, ‘ and we w&nt forty.. W ell, I will be
the fortieth myself.” *
“‘Sire,’ oried the judges, ‘your Majesty will
no. doubt doign to submit to tho test?’ l Of
oouT3e,’ exolaimed Faustin, and in a large, bold
hand he wrote Xitron with an X. The judges
■lootf d puzzled for a moment, and then, after
gl&noing at each othor, proclaimed that his Ma
jesty had passed triumphantly through the ordeal.
'The Emperor was thereupon proclaimed, 'amidst
the enthusiasm of the assemblage, a member df
the Aoademy. " { And~T~“wnr be perpetual secre
tary, too,’ added hia Imperial: Majesty}-; with
pardonable ., .y,