'T'\K^y&?i"'*-iA?! l> ? ‘ n: - '% r * v ‘ :?l "C-- ? ’ > ;; TXIBSBi^> : ®® 0 y* ??®?' ~ FiojnottoW, not JPuniMim,eiit. Precisely as ; we .nnticip&ted, and directly to opposition to tbe'&atsnt blundorings or the New Tort lUrali, always ao curiously lgno “bn-'Europeifi polities} Lard JCArtor-'s removal from Washington is arLadvancement not a censure, a promotion andnet a punish toml.- Lord. Deem 'a'qWn organ,, the Morning Serjidysdye :•«It Is understood lint Lord Na pia* BOBS to as tkaeuccesaarof Lord BiooitotoiiD, who retires on s ponsion. The, fdle figment, of Ministerial, disapprobation, which A botttoraporary.nplonger Inspired, has so. felicitously invented,, resolves itself into, the merited promotion'of a zealous. and ac-. compllshed public servant,_who, without a sin gle nndne concession, b&syron the confidence I and respect of the Xmerioan Government, and . conciliated and. esteem ?f opr res-;! peotable kinsmen beyond the Atiantio. .Eyen tbo Globe, (Lord Pauiekstox ’a paper,) which was misrepresented as Morning. Pos/V/faisehoed that Lord Name* was .« re called on account of his, tendency to favor the Monroe doefrihe,” sayii: "Lord Wapieu is about to be removed from Washington to, tor. present her-Majesty at .a European court; but the change is ,ono in the regular eonrse.of.'diplomatic promotion, and arises from! no dissatisfaction on the, part of tho Government with hie conduct or opinions in tbo United States”,; and the London Express declares “it is not true that Lord IT Aston, Minister to the United States, has been in any way, l censured or ■ superseded by his Government. ' Tbo fact, ,we understand, is that his lordship has been promoted Minis-, ter Plenipotentiary to the Court of Ber lin.” ' health*, affected by the climate of Washington, .requires' hor return to Europe.' , ' , . - The fact is,* Lord Bxoojirtotu has been forty years’ in the dlplomatic'service, and de.- sires to retire on the pension of £l,BOO per annum, which, is his. due, according to the legalized custom of his profession. DO was Ambassador 'to - St. Petersburg from March} IMA, to'Sftiy, 1861, and since that time has had the Embassy-to Berlin.’, Lord Napiee, on leaving Washington for Berlin witi ex change- £4,600-a year for • £5,000, and not ■ even the New York Herald can Say. that this is not prom'otion. He will leave this country much liked and much regretted, and probably makeshis. exit at a lucky crisis for his own popularity, for It really Booms as if “ Break-, era a-head” would be the cry, for some time, of British diplomacy as regards this country. ; , , ' . Lord Napies's successor is Lord Lyons, who succeeded to his father’s title on the 23d. This may provent bis’early arrival here—may.- prevent his coming hither at all. He is a bachelor”, has- large estates in England and Antigua, and one of his sisters is Duchess pf Norfolk. As a diplomatist his exporlonceis very small.. He was ah attache at Athens for a short time, subsequently was attached to ■ tho embassy, at. Florence, where ho- baa been Minister for some months. We cannot hot think that Lord Lyoss will scarcely be an excepUdnto the general English rule—as Ka fike is—that « any sort of a diplomatist will do to send to Washington.” “ ' ■ BY MIDNIGHT MAIL. 1 lietters flora Washington* (Correspondents o l the Press.J ■ , WASBiHOTOir, Deo. 13,1858. Mr. Guthrie, Secretary of.tbo Treasury under President Pierce, vras the known and avowed ad* vooate of sneh nld to 'enr dom&stlo industry as would have been entirely satisfaotary td Pennsyl vania. The .fdst that a Southern Secretary wee ready to do what the present'Saoretory'rejfusee to do, though backed by the President and a strong Northern sentiment,' Is anyhow -significant. It •bows' that,' in Kontuoky at ieai6,;your opinions on this groat question are not unpopular; and I think events will- show that a similar feeling ex ists in Virginia, Tennessee, end Missouri. . The President Is engaged in the examination of the names of this various retired officers of the navy under the (ate aot of Congress- Mueh feeling ft manifested by those interested. , I do not feet as well Satisfied as some others that In the event of the arrest and capture of the sup posed filibusters by the British'or Freioh oruiEers, a greetwfong will-have been , perpetrated which it will'become the. General .Administration' to avenge..'l do-not believe the Southern'people wiilgo into any great eostasles of anger If suoh an aot should be. attempted; and I will rather approve than oohdemn. A more grooe less gang of adventurers and pirates never-set forth on a foray or .a .raid; and civiltred nations oannot be set by tbo bars for any suoh rapscallions. Should a foreign Power. undertake,.under pretext of sueh aoapturo.to intervene in the affairs of Central Amerioa,- to the detriment ofAmerioan Interests io that quarter, a cause'of complaint would he furnished that would abuse great publio feeling. Batthts fact must be proved beforehand. The, Administration Senators performed thoir allotted work to-day* by voting Judge Douglas oat of the Chairmanship of -the Committee on Ter- secret ballot. This.is what might have been expected. Our brave Senator.Bigler, who, woe doubtless an early party to this base ness, has beep trying to escape odium by the aharaoterietie dodge that he did not vote against Douglas, In the oauons! This is aigame at which. • ho moy bo oaUed ba expott. ~ . . - Ton will have perceived that Uie'nsme of Senator Broderick, of'Califernia/'waa-hot given as one of those who attended’the Administration oauons; . apd inaamueh as he is acetified of voting with the Republicans on end or two questions, it is as welt to state that he was not invited, as ether Senators were, to attend at tbe cauou*. , Mr. Brodorickit ‘ another of .the monuments of Mr.- Baohenan’e, gra titude. He spent thousands to giveMr.'Buchanan the. delegates'from: California to ,tho last Demo oratlo National Convention, fighting against his present colleague,Dr. Qwiri,' who was always the opponent of . the President .till he boeame Pre sident.- The first step’ of Mr. Buchanan wse to,out loose from Mr. Broderick, and to strike - hands with Dr. Gwtn, who has been clothed with the confidence of the Admlnishatiop, and enabled to control ibe patronage of the General Adminis tration in California. ' Brodorlok’s sin .was his earnest od-operalion with the masses ; his devotion to the cause of Mr. Bnobanah before tbo election, and'blsradloal Dempcraoy, The Administration men are claiming a greet victory over him in the last election in California, hot when year readers are informed that that eleotion was deeldedhy the fabricatedv statement, busily' eironlated, that Douglas had goae over to the English hill, and that Walker had fully surrendered to the same Iniquity " —a ealnlndy wbiob" oquld not be.sdult&dioUd in, time—the vote of the anti-DeoemptonDemooraoy was surprisingly large: She next election will toll another tale, or I shall bo greatly, mistaken. , ’ Hr. Broderick was tlio only -Democratic Se nator who voted against accepting the committeer as agreed upoa by the'Administration oaueus. Honor to the mas who dares to' do" right, and. to defend the fearless statesman against the prosorip tionofpower! .. .; -■ ' - . Col. 8. W, Blaok, iormetif ot Pennsylvania, now Associate Jndgo of the United States Oonrt In' Sebtsika,’is vigorously pressed'for Governor of that TerrllOTykln-pleiep of Blohordson, voslgued. His friends are very enthUsiasHo. • . ,- The -success of the. Administration in California, hssreacted. as I suppoaed lt would. Letters re oetvcdhy (he very laet mall show-that the people of the Goldenßiaie are enthaalastto&r Brojieriok andDduglay, " , fudge Douglas WBI visit New York, Philadel phia; trfd.firdbably Cleveland,before' he reaches here. ~‘ v ■;/ i ... PioNKtB. of The Pie'ta,] . „■‘Wasiiihoioh,Dooember 13.186 ft, ’ It a gentleman juat letarned from TLtinSHS that tie people’ft redetermined to proceed rcgalatlytd the fomattan oj auoitfst ' of State doyernment diinptta .the inhibitory pro-. Tlstoa of the EogllihW!l.':,Tho:Legl«!Mive : A«- ■ .embly will prorldo for tho eleotlon of delegatea to a Conwntloflj iSd ttlio' for 'tho' asaembiidg 'hf . tho CoDvootlon anil lbs from Sag bf ah in.fcrameot. . of Btato, Government, which will be ’tohmitted' to tha people of the tforritorjr for, their ..pjiirjvftl. or reitolioh. ' it laifiitod, I believe, that there ghali ho no ceneua taken. Of course, then, the , questlott-.hill'-agalh ariao 'of thoihdmiesioh, ht Kaoeaa'al V.BUtelntO; the. Union at ihenext . MMion, atljthiogo, new go to ehow ehe. will be granted her rectoest iThleh hhi' ea , loop been' rv denied,- ..,., I am: loth to hetteee ihat tbere rrHlho nothing" ~-: ■ done i&rfott .ihe ’fatiff, and,' 'of .ooneeqaenoeilho 'proteijiopr afforded’,- to the -■ • langniiblag -lintoreata'or .;th*i>Nortfi ; ':bnt;ifr ■1 ■; i \ ofantofebd- idoabtod;!' thatp - to. *Seß‘at!j ; : h&v.r v . ■ to :». l gi^^ztiar : jie. I-' VoteVnsMii Dahirt’e motion• of Monday leet, if i- thehfoeSigi' dltonriii nlwbicbdatotakepiMiiiitofeelieiHaotj; and aghreevyind toat tho ietioh^rhbth-iiito,felroWj 'tpeoffla tlattei' . •ndhhtooreaeeoftoelinpOiieonirnports.Mr. to* I ban hardly think, whon it ia shown tfent the only alternatives - loft to us increase ot the tariff or another loan aod’vgsc&t national debt, that wore than a smaiVininorSty vitl seise the latter horn of the dilesuna/ - • , ■ j!'* • The feeling on the partef Southern men against this Adffi.lui.auation Cor the distractions it has on* gendered in the Democratic party, is very bitter, and they toko every occasion to wake it ffV***' . .But they utAta host of polWolww; for while the golden bauble gutters ip the grasp of tho f l ®E they pay him ebuti-; not somuoh out of gratitude for favors received «? team a Uvelyorprotatlon of those that ore to oome.. Let patronage P“s *»*? from. Mr. Buchanan, and none, will hnife him with iuore eagerness than they, Two more years and'tba 'ebd of 'bls four years’ drama will be roaohedi’afid it will point'* lessen roll of warning to the'poHtlotamwbo goes to -lojso himself in tho quioksands of overweening official arrogance. ' "There is ft secret history yet to bo written of Qpro Oufoloy’s mission to; thelMted Statos. At; ’first Napier, was’inollued to, pout at o Minis ter, being sent after, him, and to remain here) with ' eqaal power .with himself, and whioh power Stas to be used as the emergency ■might demand ■ ’The wool, however,* scorned to bo pulled most effoolhally ovor his eyes. At all events, tho faot that Boro Onseley lived on terms of the olosost Intimacy with the President and the Cabinet was at tbe.tlme deemed of gravo aoneern. Lord Napior, if not to be removed, as the Union bas it, io trembling at home in influence with the powers that are;, and this may well be, because Napier te Lord i’almorston’s appointment, and it has boon often said, during the summer, that Mr. Buohan an'would settle 'all questions involved m tho Central American dispute by oonlition and hearty sympathy with the Dorbyites, who now eway tho destinios of the British notion. ■When Boro .Ousoloy gets back to England we may hear moro of this. - Senator' Bibderiok) of California, Is put np for the Presidohoy by' runny members of Congress. Certain’ it' is that no truer man can bo named -Bather than he false to He pledgee, or tremble with oownrd fear at throats to dissolve the'Union of fanatics whose own voioos affright them—rather than, yield' a jot or tittle of tbo constitutional rlgbteof any aeotion of the country to tho demands of ■ dem&goguee, ’ ho would prefer to dio In bis ourulo ohair bofore the Sonato house. Ho is a man who has risen with unstained reputation from tho bosom of ihe people., , The subjoiuod letter has been addressed to tbe Seoretory of tho Navy. In view of the recom mendation of the President for a protectorate of Sonora and Chihuahua, its imporUnoo must strike everyone: ’ \ tVAsmsaroNj House op BarßsaaSTA-nns, • fiiftt TUe effect of that portion of lie Pre«sdent’fl message, in-which he suggests the propriety of aseu jofag-a temporary protectorate over a portion of Abe northern proviocea of Mexico, fa full of coosequoncea that, may not bate been, followed to their practical re- Bultfl. The late exodus to Fraser river will ettfllcteatiy Inform you of the migratory character of the people of the Pacific. Out oMhirfcy thousand who left Oalifor niafot the British goldfields* nearly all bare returned. and I am satisfied that the same restless splrttor, ad venture and gain will, lu all probability, turn their steps to Northern Mexico, In advance ot any move ment of the General Government. , 1 Permit me to suggest, In view or these foots, and In be. half of California* that the Navy Department wllUl rect iuob portions of the naval force of the Paclße, as they may deem sufficient, to, proceed to the neighbor hood of Guym.aa', in the GnU ot OalKorhla, to protect tho ftveV&nd property of fl&ch of oer citizens asvrlU make that port the point of their'destination. >' -.Our Government has been officially. Informed of the inability.of the Mexican Central Government to protect ofaeJHtenaln that quarter. ,’T^ WaontVe Pacific arc well aware that neither regard nor respect la had for our pooplo In Northern and western JlfextaV and wi thin a /e»r. weeks OapUin Stone and his party have been compelled to fortify themselves la Guy ana, although 'surveying under tbo authority of a con traot'from the M xlcan CentralQovernment.' * - ■We are also aware of the feeling of deadly hoetUlty entertained by Pescbiera, the dominant chief of Sonora, against all Americans; therefore I trust, sir, all ne cessary steps Will bo taken, both by the Navy and War to protect, as far as such of our citizens aS may now he in Mexico, or may go there prior to tbo notion ot Congress In the suggestions of the message. 1 have the honor to remain Tear obedienteervantj ‘ Jogxpfl 0. MoKlDniH. To the Son. Secretary of tho. Navy. JCfe was the intention to have announced the death of General Quitman, of Mississippi, to-day, but It will not be, done, Senator Moßae, of that State, haring fallen suddenly HI. The Judge Watrous impeachment ease continues over from last week, end the probability is that neither the deatyof Thomas L. Harris or General Quitman would : have teen announced, or will he an nounced until that obsu has been disposed of. - , ... TBDBkXB. Park BkWJAnis’s JjfcoruitSß.— l Out readers will a notice In another column, that Park Benjamin, the eminent lecturer, who. is about to resume his editorial position as editor of The Constellation; a weekly journal In Sew York, will continue hfs ißotarea; Ao-,as usual. It would indeed be a pity if so popular a leolurer were tempted/ by sneoess in. another department of let ters,* to, abandon, pursuits, which-the pnbtfo so. highly, appreciate., He will lecture as well ns write. • To Mbpicaii Students.—At tho suggestion of , gentlemen now .studying medioine in obo of our colleges, we announce 'the fact {bat tho Medical Lexicon ; by ’O. H, Cloveland, D.D.—for sale hr thlsalty by John L. Capon,’ 922 Chestnut street— contains the correct pronunciation and. definition of neftrly j all-tho medical terms in tho English language, and If therefore an invalnablo pocket companion for medical students.. We have already had occasion to speak of the merits of this Lexicon. fbcroniAL Jovtuials —From Calendar & Co., South Third and Walnut streets, we have received The Illustrated London News, and Illustrated News of the Worlds of the 29th ult., received by the • Persia. The first has a, portrait of Count do Montalembert; tho other a likeness of Sir 3. E. W. Inglls, one of the Anglo-Indian heroes. Stocks, Ground Rents, Real Estate, Mort gages, 4c.—Thomas A Sons’lweaty-firat fall sale this evening, will include the estates of A, O&born, a W. Bacon, John S. Morton, T, B Witmer, and B, H. Warder, by order of the Court ef Common PJeas, Orphans’ Court# and oxdoulotb. Also, a large amount of other properly. Sale of the v«y‘ valuable collection of rare, carious, and splendidly-embellished books, re oentiy received from London, will be commenced this (Tuesday) evening, and will continue o&ob evening until the whole consignment is disposed of. Sale of-Mr. Grata’s wines to-morrow r The splendid residence, Ho. 1321 Walnut street, tobe fioldoD the 20th fast, may. be examined on Friday and Saturday noxt, between ten and two o’olook. . . ‘ See pamphlet-catalogues and advertisements of the four sales. Auction Notice.—We are requested to call the attention of purchasers to a largo salo of New York ready- m&4c clothing— cloths, cassfcnereff, s&tfnetl*, £e.» Germantown rephyrgoods, and linen and musr lin shirts, to be sold this morning, at 10 o’clock, by.Philfp Ford, auctioneer, 520 Market stroet. * Christmas Presents—A piano or melodeon, either of which J. E. Gonld, Seventh and Chest nut streets, can furnish in perfection. HU etook is large and oarefully selected. Fugimstio.—A very-large crowd Of sympa thetic %ugUists met last ereafog. it FrsokUn Ball, to condole with Mr. Hcensa, the defeated aspirant for tbe championship of America, including Mexico and the British possessions Tbe audience wee about four times as largo as that which greeted the victorious Morrissey on bis visit a itw weeks since, and was en thusiastic within alt reasonable bounds. On the score of respectability the comparison would be very favora ble for the Benicia Boy, bat we will net be Invidious. There were seven or eight set-tos, somgof them very spirited Indeed, between sundry bruisers of local and national notoriety.. We have not space to particularise the various points that were made and lustily cheered. Heeuanaud M* two second*, Aaron Jones end. Johnny Ma ker# were, the herds# of the night, as may be Ima gined • Johnny Mackey had combats with two Individu als, one Frendergast.oMtew York eity# and Keyword, of-jphlladel-hla, both of whom he discomfited, to tbe great delight of the auditory. Mackey was very nim ble-in his movements and tricky—giving thumps with .much still and' avidity, aed evading every attempt to clinch or tumble bim/ Ajjotber superannuated pugilist, wlo announced himself es “ old Bill Toby. 3” and made a little speech about a benefit of his o«n which ho bad in contemplation, bad a **t to with a stout young man named Eaprood .Old BIU, created a great deal of mer riment with his drolleries, and was aa active In h’fl movements as if bis years were Sixtoec instead of sixty. Bis age told on him, unmistakably,'however,, and the gsrsof bis pugilistic “ usefulness”ore evidently num ' T* e last onnbst was between (Keenan and Aaron Jones, his Jfogllih trainer, They wore received with any quantity of cheers, and shouts and stamps. Aaron made a tittle speech before commencing—giving thanks ani.so-forth—which wat marked with a very strong “HenglUh-hacoeat.” Heopan isa.ralber tall, s)lm rn&de nan. with a’dark moustache and a addie wu-His 1 features are hot so fixed or so sharp’as Morriisey’sy nor was his '’smile to grim and fierce He evidently hat not the.power# of eodahuice which Mor rl'Bey poMeasea, bat wm very active and precise in his hi s. fencing a got.d degree of aoience . Jones w»s much shorter and much sfouter, but plied his muscles with much vlgcr. and skill They fought about five minutes, and when the curtain fell they were called obit again. Tho call: was- obeyed after some little when fHeenatrand* his friend appeared. The orowd gave' three boisterous cheers for ‘-John C. Heensn,’,’ and ripsatod the compliment to u Aaron Jones.” Be®- n*n made a very brier speech, thanking his friends, and saying how much he-had endeavored to please them, Whereupon fab retired , with a very graceful bow—nod the audience separated in great spirits. ... . The Recall of I/orcl Napler—lJls_Appolnt- m irient to the Mission at the Hague. 'W43ff|*t«to; 'December 13 —The reporter of the . Associated Pres* Is enabled to state with eonfldenoe that Lord Napier has been-transferred to the m'aafen at the Hague. He will not leave Washington until the arri ral ot' We snoceasofj, which expected .in about two months. Tbiaobange Iriroltea-nolmpatatloo 'oh Lord Napl?r’e cpiiddct> nor SD//al ferAtloh - Of polio/ on .the part of Her JH)e»t,r**&o*dromeiiti - Jail- DecemfevJS.-rfJttsen prisoners escaped s rrQm,tta'jifH JM t nlght..by sawing through c fif'd‘iron hjLM.of.tbefr call wltfaofr wltEr* saVttgde of* a watch jmrtmr, *W>;iOW**»l'tflemi«tes frontftbe window and boat .qgsninnßtng.the Gen-. Sggl lw *;" ■ - -■>->•.. • m MuhciriKto ltf’MrtßdKchnsetta. (t'CßastOK'Deo IS~¥l\W.,titaoobi,lr.t the«<Oitl«eMl [Candidate,'--was cleaned nj&yor of this citfi hy, A majority of the •< CitlseaVjirfket > Tatuudanuau vita alto elected. The entire ‘ • CitUena 1 ticket'Mo Worcester waa elected. ' /Ipfiowell, James Cook (Hep.) was elected mayor hy 800 plurality; All the candidates for aldermen ofi th* Wttf ticket wore also ejected. THE LATEST NEWS BY TELEGTOAPI-I. Til I»TFTfI CONGRESS, U. S. Capitol, Washington. Befi. 13,1858 SENATE. \ch«a the Senate w&s oßilled to Mr. Sswajid, of Now Yotfc. moved to dispense with tbo lula requiring a ballot for the committees, and to t*ko a vo f o instead. , 'lk's being agreed to, vhe proposed Uet wo* read, and the rote was tairoa on the question whether the list should ha accepted ox not. The rote was as follows : 'YKA3—Messrs Allen. Bates. B*yacd, Berjamifl,Big* Ur; Bright, Brown, Olay, CUngmaa, Baris, Purkoe, Filch,.Fitzpatrick, Green, Gwln, Hammond, Huntor, t Iverson, S&hoeo't of Tennessee, Jones, ffeaaedy, Mason, Pearce, Polk, Reid, Rice, Sebastian, Shields, Slidell, Bluaxt, Thompson of Kentucky* Ward—3l. Nays—-Messrs. Bell, Broderick. Cameron, Chandler, Clark, CnUavuev, DiXon, Doolittle, Fessendoa, Foot, | Foster. Hale, HWK Harlan, King, Seward, 81m ttfonS. Trumbull. Wade, and TfUson—^O. AUBMisafl—Mewr*. Crltteodea Boue'ta. Houston, Johnson of .Arkansas, Mallory* Samoer, Thom* fltmofNew Jersey, Toarnbt, and Yulee—lo . . .TKo following" is tho Ust of Senate committees as MiWions -Mr.' M««on; chairman* Mmbm. Bosjlaa, SiMell, I'olk, Oriltmaen, Smrard, Vt> On Pinontt—Ms. tinnier, chairman; Mesara Pearce, Girin, Bright, Hammond,Pcarencten, Cameron. On Cmmttu.— Mr. Olay, chairman;, Meßsra. Benjamin. Bigler, Chandler, Bold. Alien,-ffamUn On MiUtary A flairs and ihe AUtitia —Mr. Earls, chairman ; Messrs. Pllspatrlck, Johnson ,of Arkansas, Fessenden, Broderick* Wilson, King* ’ On Naval Affairs.—Mr. Mallory, chairman; Messrs. Thomson or New Jersey, Slidell, Allen, Ilam mond, Bell, Uata- On the Judiciary.—Mr Bayard, chairman; Messrs. fUtegmaU, Pugh, lieujamtu, Green, CoJiamer, Trum tU On Post Otfiteand Pott Roads*—Mr. Yulee. chair' man; Memo'. Bfgler, Gwln, Bice, Ward, Hale, and Dixon t ' On Public Lands.— Mr. Stuart, chairman; Messrs Johnson of Arkansas, Pogh, Obandlor, Johnson of Tonneswe, Foster, ICarlaa ... On Private Land Claims.— r., Benjamin, chair mao ; Messrs Polk, 1 hompson of Kontucky. Shields, Durkee ' . 1 . On Indian Affairs.—ll r. gebastian, chairman; Meastß. Brown, Bice, Fitch, Bell, Houston, Doolittle. On Psnai&na —Mx. Jones, chaltmvi,, Messrs, Thom son of New Jersey, Olay, Bate*, Thompson of Kentucky, . Foster, Ktag.< \ On'Revolutionary Claims. —Mr Shields, chairman; He»ts Bates, Crittenden, Chandler, Durkee. onCla\iyis Mr. Iverson, chairman; Messrs. Mal lory, Ward, Simmooa, Clark. .... ,0» ri>e District of Columbia —Mr. Brown, oh ir man; Measra Mason, Johnson of Tennessee, Wilson, Kennedy, Hamlin. Yuh’ft.. On Patents and the Patent Office.—-Mr. chair man; Messrs. Thomson, of New Jersey, Toombs; Sim mons, Tramball On Public BwGdings and Ground*.—Mr Bright, ehairinsD ; Messrs. Davis, Douglas, Kenoody. 01 ark On Ttrricoms —Mr Gcueu, chairman, Motors. Douglas, Jones, Sebastian, Fitzpatrick, Oollamer, Wsde. To Audit and Control the Contingent Expenses of the Senate.— Mr Bright, chairman, Masses. Johnson of Tennessee and Dixon * On Printing —Mr. Fitch, chairman; Messr*. Came* [ ton and Gliuemn. fTh© latter deoliuoa, aud tbo Vioe [ President will name another member.) .On .Engrossed Rills.—Mr .Wright, chairman; Messrs. Bigler uad Harlan. • On ,Enrolled BiUs.—Ur. Jones, chairman; Messrs. Brown aud Doolittle. On the Library.— Mr. Pearce, chairman Messrs, Bayard and Fessenden. ’ The President scut to the Senate the treaty with Biaui, which was concluded May 29th, 1850. and pro claimed in Siam in August l»t.t, The President sug gests an extension to the consul at Bangkok of the judicial powers conferred oq the consuls in China and Turkey. Among the petitions presented were the following: One from James G. Kolme«, asking for an extensicn of his patent for “ invalid chairs ” From Oscar J. £ Stuart, to amend the patent law so ns to allow of the issue of a patent to masters tor their slaves’ Inventions. / / From Jonas P Levy, Cor the Immediate enforcement of Ms claims against Mexico, Mx.Mabqx, of Virginia, gave notice of his intention to introduce a bill to equalize the compensation of our i ministers to foreign Powers. I Mjp. Cmhohah, of North Carolina, addressed the Pe- that part OC the Bresldeut’a message leferring ! to the Clayton-Bplwer tre»ty. He said that while we | were talking about the Monrob doctrine, Great Britain has applied the Konroo dootrine to ourseivea. The ! eoope or hU remarks was that the Olayton-Bulwer treaty : must be abrogated, and thus liberate the hands of this i Gtaitanmftut. I Mr. OdikgMAk offered the following preamble and re* 1 solution t Wkereas, The Clayton-Bulwer treaty contains stipu lations In direct hostility to iho cherished policy and future welfare of the United States, and calculated to 1 operate adversely to the independent action of this Be , public In the Uuoof duly which U may become impera tive to adopt iu regulating aud controlling the affairs ot i the Central American States, aud that ccnßeaueotJy the abrogation of the said treaty Is demanded alike by tho honor and interests of the Union: Resolved, That the President be requested to cornmu nlca'e any tormpondan&awith Gxdat Britain aud Ni caragua with respect to tho termination or preservation of eiAd treaty. . Mr. CuNOViis spoke at length on the resolutions, but they were laid over while the present negotiations with thoie HoYatnxne'olaaTa pending.. 'ibo Senate Pacific Railroad bill was called up. by a .vote of SQ yeaa to IS nays, aud. Mr. G wtec, of California, took the floor. Hr. Gvih, of California, addressed the Senate at length He said that the Democratic and Republican platforms, and also the President’s message and the Wheatlana letter to tbo DatnocraU of California, alike pledged thoToaeWea to its oomtxu.cUcn, the ueemtty beirg admitted. Mr. Gwln answered seriatim the oh : jeclio e that Congress has no - constitutional power; I that the grant of land is exorbitant, and the advance |ot ’Goversaentmeuey ob eredit wav enormous. The i scope of his remark? was that Government will not lose one dollar; that as a mail route ft is desirable. \j} war would he indispensable, aud that, iuktead of a loss, will i produce a Ist go saving to the tteaanry, from the io ctenied sale of puMlcrlendp,from the augmented reve pue, from imports; from the diminished expenses of the war department, and by the increased revenues and di minished expenditure of the pest office. Thadahata was then postponed until to-morrow. The Senate went into Executive session and adjourn ed. ; December 11,1858. HOUBB 09 B9PBEBBNTATIVE3. The Sonia ragnmad tba contiilgrstloa of Vfatrous Vmoeechment.tiae. Ur. Join* Ogobrakx. of New York, from tlje evidence which b*a b<eo elicited Id the cane, to show the Complicity of Judge Wetrous, while occupying the bench, with lend speculations, end that the House should make an Inquest and inquire into fctjl coadaot with awiew to further prcee«U»ge. Mr, CtkT, of Kentucky, offered a resolution, which wee adopted, tequestlug the President, if It be not In sistent with the public interests, to communicate to the House alt the Vaiorm>tto» he wqy have, or which may shortly eomeinto his possession, regarding the recent reported boarding, by British natal officers, of American vessels In Xbß Doll of Mefcico. Mr. TayLoa.of Jjoutelaua, contended that It eras the duty of the Hooso to gscpse Judge .Watroos of high crimes and misdemeanors, and call jjpon the Senate to proceed with Mt trial.- Mr. Matnard, of Tennessee, argued on the other aide of the question, insisting that there was nothing whatever to justify such proceedings Mr, Apaus, of Row Jersey, contended that tiers Wasauffictent evidence to find a bill of impeachment. . Mr, Houston,Alabama, said that be would en deavor to obtain a vote on the pending subject tomor row afternoon. Adjourned. WAsnuwvoK, December 13 —Goraruodor* Mclntosh has been examined-by a medical board, and ordered home oh Account of siokne's. Mv.fiUa&raan fcaa written his resignation as Public Printer of the House, bat withholds eendiog U in for the present. Washington, Deo. 13 —Hr, fiemheisel, the delegate from Utah, has received from Governor Gumming, and other federal official* of that Territory, certificates that the public library and court records are in a good state of preservation, which Is contrary to the sews paper, reporte vs often repeated. The President has celled ppoo Oonmii to extend to fiiato the provisions of the act of l&tS, now In opera tion' Jp. China and Turkey, conferring on AmerJcau mlnUtere aid ponsnU certain judicial powers, to fcq exerelffed ip esses where our oountrymon ate involved. The treaty wHbfi/a« tenders such an enaetmeot npces sarv. The State Department has received despatches fnra Chili, conveying the gratifying JntelHgaaca that, through the persevering industry of the United States Minister. Mr. Bigler, the claims of ibis country against Chili, In cooneotion with the American vessel* Macedonia aud 'Pranklio. have so far bo n advanced toward, adjustment that I'ttie doubt is entertained of its early consummation, 3he claims iu the cue oftbe Macedonia have been pending for wore-tban a quarter of a century, and ipvelvs 1250.Q&0. ' A large number ot appointments made during the recess Of Congress, together' with the Cbtpore, Ja panese, and other treaties, were, in the executive ses sion of the Senate, to-day, referred to tbe appropriate committees for exirotusttan. The substApae of Commodore Mclntosh’s despatch to the War Depattroftot, concerning the visit of the Brit’ah office's to the Steamer Washington, is, that said officers asserted their right to make snob visit by rea hod of the British* p*pwctorate ovtv Ben Ju&u del Norte, established at ike request of Nicaragua, It la reliably ascertained fbat tbe following named gentlemen cither spoke or voted in favor of the pro position submitted by Senator OHngman, of North Ca rolina, Ju the repent Democratic caucus of Senator? against any change in the Committee on Territories, vis: Senators Bayard, Delaware; Beanie, Maryland; Hun ter, Virginia ; Johnson, Tenneescei Broyn, Mississippi; Toombs, Georgia; - OHngman, North Carolina: Bigler, vPsnusylvaufa j Shields, Minnesota j Stuart, Michigan; and-perhsps several others. 1 The State Departmonthad not, this morning, received any official despatches in reference to the recent events in Central America. p Regarding the newspaper ac counts to be true, our relations with ftteat Britain are considered os extremely critical, and bordering on a way between the two countries. This opinion Is freely ex presved by gentlemen oeupying prominent public posi tions. Savannah, December 18 —Tbe steamer Isabel, for Charleston, arrived off the Tybee yes erday, with Ha-' Vans, dates to the lOtotoat. ... Sugar was firm; No. 32’s.areqnotod at 9#e>o#; the atoefc of Sugar to port at Havana and MataarAS ta 40.000 boxes. Nothing doing in hew Molasses. Ex change on Dopdon is firmer at 112jf allft. The Landing of Slaves in Ceorgio.’* Savannah, Deo. IS.—Tbe Republican of this com ing says that the sloop Wanderer positively landed a' cargo of Africans near Brunswick! Joseph Ganafil, District Attorney, arrested three mrnon Saturday who are believed to be’implicated. They are named Juan Jit. lifjests, N. A. Brows, and Miguel Aginoi or Rsjast, hailing from New Orleans. Mr Gan&hl refused to allow the prisoners being admitted to bail, as the charge was plraoy, and vpoy were committed The District Attorney Is using every exertion to obtain evidence, and sent to Brunswick to elicit information. The examination was fixed for Thursday, A tugboat was despatched to Brunswick to tow the Wandi-rar to Savannah, but tbe shipmaster on board refused to give her. up. It 1b reported that the collector at Darien etates that the Wanderer had no ap pearance or having had slaves on beard. The Jtitpvb ,(icon says that it Is rumored that the Africans were landed On Jekjl Island, and that a steamer that left ffavonofvb took one hundred and fifty on board, and com. rayed them past Savannah, to -th« river plantations, from wbencolhey were scattered through the Country. The cargo is supposed to have consisted ot three hun dred and fifty. The Wanderer hafis from fit. Helena, and Is witboftt regular papers. There is' no consul there, but she has informal papers from the native officials, without seals. - The. Overland California Mail. Bf. Louis,* December IS—The ’passengers by the overland mail elite, .that so greet wee rh.aeuah.for seats, that the applicants adopted ihe.oouree of deciding by lot who should have the chance of taking passage Upwards of ahundred applications ware made for pas* gage .by this trip, and as high as |IQO premium offered for scats * ; ' t , * ; 'tha Gila Hirer mines arc yielding largely, and emi grants arc ilnoking In from all, quarters. The cxclte nxedtaloogtfio'rbutelsintense.'' Hp hostile Indfans bad been seen,,and the previous rumors of depredations committed are denied Mr. Pardee the express mesfuengor haring charge or the PresideatUkiessage'iWaS'inet font miles this side of Fayetteville, AxkaoeaS, About twelve hours ahead of time. ThU lathe worst part Of the whole route, and he desiaped Abandoning the.coßCh at PayetteTine, ana proceeding*by daylight on horseback until physically exbaUßtedL when some employee of the company would Uke'tba documents and push, forward with a'l posfilbie •despatch. , . , , Garetnor Medary ;and Colonel Botterfielu and fa mily hare arrived here. The former la en rowift KanAsA, to assume his position sa Governor of that Territory; . r . Colonel Butterfield proceeds to port Smith with the design of putting the Memphis branch of tho'overland l matr. route Intoi effective rpcratlos. He will also in- ApAit portions of ine main liae, with the view to facili tate and regulate the transmission of the mails and p&ssepgers. It is reported that he contemplates chan ging the present semi-weekly mall to s tri-weekly pMTioe, THE PRESS.—PHILADELPHIA, TUESDAY, DECEMBER 14, 1858. Second Session* From Washington, Later from Havana. THE OOtJBTa ■HE ALLIBONE ANB NEWHAH CASE. SIXTH DAY. [Reported for The Press 3 C&BAB'CEii Sessions—Judge Thompson,— ] This case was resumed yesterday morning iu District Oouct OoomNo. 2 , Mr. Thayer. Iregretto say that my worlhycoHeaguo, Mr. Meredith, is tr o unwell to he in court to-dav. He desires, however, that the trial will go on. I hop® that bo may be in hia place in a few days, judge Thompson, r sin sorry to hear sir. Mr, Lenghead,' At tbo conclusion of our last «e*slon we had on the stand Mr Tvf’or, one rf the assignee® of the bank, who produced a couple of boots, to which attention was called. I desire, before proceeding with the brsnoh of .the case which,-! was then pursuing, tv hare Ifome' additional explanation upon the'subject of those books. Mr. Haveratlck, will you bring the Iran sient.discount books, in which the hotel are registered, and the uotescrateher ? John Haverftlckjrecol.lfld—[Books handed to witness'] 1 ! —I presume these were the books before Mr. Taylor ; j this is the book up.,n which the notes due on a certain 1 day ere recorded ; this book is celled the deposit note book ; tbo general ledger t>kes Its credits from this -hook: it la posted in the ledger without the name : I don’t koow about the particular entries; when the notes are paid the ontry Is made, with the word ‘*pijd»> on the margin of th's.book.; the entryof $182,0W is marked paid, but I don’t know by whom it was paid To Mr. Tbaver. *There was interest paid in this dis count in April previous, ■ ’ Re-examined by the District Attorney —I know that the interest was paid by Mr Newhall’* chock being de posited by Mr. Daniel Deal for, I believe. $2,600, wh’eh was Tor Interest; this interest was loaned, la >ho latter part of April, to Mr Daniel Deal; this discount of $182,000 was obtained by Mr. Newhall while he was aot!cg president of the bank. - To Blr. Thayer. These discounts were paid with in terest; I found that recorded in the books of the bank. Franklin Fell, affirmed —I wes a director cf the Hank of Pennsylvania; I was first elected in February, 1857 ; ibis wss my Brit term ; I was never a director before: I left the city in May, and was absent until the first dis count day before the bank suspended ; Mr. AUibon* was president Of the bank at that time; I think I was aware that the president made dNcounts between boards ; how the books were arranged I had no knowl edge ; I was not aware that there wbb an a count against wk ch the president was drawing as he pleaded, j called the temporary loan account; I was not aware | that there was an account iu the bank called tbs so. count of Thomas Allibone, president, against which be j was drawing large sums ; the condition of these ac count® was never brought to the attention of tbo hoard prior to the suspension ; I think tbore wss one day, I recollect, a president pro letn. previous to ibe ruspensioo, and sometimes in the spring also; Mr. ‘ Newhall acted as president os those occasions; it woe not at any time brought before the board that Mr. Newhall had discounted his own paper for-$l 3-2.000 while he was president pro tetn\ after the suspension I was called to act as temporary, president on several occasions. To Mr. Brewster. I was pretty regular In myattiud* ones 'rom February to May, 1867; the board met twice a week; fromznyabsese® from the city until tbe sus pension I was present at but one meeting; Mr Newball acted as president in the aprlc/r. prior to iuy departure from the city; I believe Mr. Alhoono waa in the South —in on® of the QarolinM; I o odeeetood he had gone fo see some of the relatives or his wife; he was absent' about a wo-lc or ten days at that time; he was com plaining or ill health before his departure; I had no knowledge of the accounts of the bank a side from the semi-weekly statement; I was generally Ignorant of (he accounts of Ike bank, except as exhibited on the book called the fits to of the Brak ; I was awaro there were discounts made bs’weeu the boards by tho president; 1 dtd not know uud<ir what head they were charged; I shoald tbiok calling thorn transient discounts would be a proper way of fit&tiog it; I should think that fair 1 book-keeping would require that these transient dig-’ counts would be kspt separate from tho general dis counts; there was a statement exhibited on a slip of paper, at every meeting of the board, of what ih® pro-*- sideot had discouuted between boards; this was, T pre sume, propored by tho clerk; it was generally read by the president; it was always forthcoming when re quired ; I have known of paper being discounted at four months; it is contidsred discountable paper; for the purpose of shorter loans, It would be proper to open wbAt is called & temporary loan; the board wm aware that the president made temporary loans—for a raw days—what aro called toll Joans; I judge .(hat the general ledger was open at any tlipe to m from the fact that we hsd extracts from it before us every board day: I never knew it lobe called for and refasea , Re-examined b; tho District Attorney —f meant to i say that the temporary loan account was a proper ao- 1 count to have oponed; the.proper mode when holes Were disoonnted was to take them to , have the diary taken off. and have them"entered; I understood that that way the bank business was dene; I should thick the regular way would he to hire the notp* discounted regularly entered < n the books, and tho credits passed; I never ostial nod tho slips of paper containing the transient discounts; they were generally read by the president; it pas never rood by tbe president that the acting president had discounted hfs own paper to the amount of $132 000. To Mr. Thayer. I don’t know now that the acting president discounted his own paper to the amount of $182,000 Mr. Q6w*l! recalled.—l was a d/rpptor of the baqk; I was not uware thtt th ye was a transient discount ao 03uat. or a temporary lv»u account, except Jn th® way Mr. Fell rererred.to; I was awaro there was a sterling account, from seeing it on the debit side of the State of the Bank; I was pretty constant in my attendance at the board; I was not aware of the existence of the temporary Joan or trauslont discount account; I wm not aware of money being paid out on th® mere check or the president; it was not mentioned at any meotiug Qf the board that the acting president had discounted his own paper to theainoontof $132,0J0 To Mr. Brewster. E kmw of the president making transient diicounts; I presumed it was generally known tothebiard; I aim know of his making temporary loann} I hsd every reason to believe tfal/v wasfclso gene rally known to ’ho board ; I have no recollection of bis makirgany objection to making transient dispeuate or temporary lo&ua; ea an abstract question, I would say it would he proper; to charge temporary Joans to a tera - porary loan account, and transient discounts to a tran sient discoont account; I always presumed that these transient discounts were charged in the general dis count account; I reueroberthft slip of paper Mr. Veil spoke of; ft wis submitted to the board at every meet ing: I always presumed it p”* prepared by the gone ral book-keeper; I did not state the amount of tran sient discounts by the president; that‘amount cover 'appeared upon any report presented by tho president; a comparison with books of the bank, aud this slip wouldshowexaotly what disconots wer® made; I r® member that tbe president stated at each meeting ot the board the amoant of Increase or diminution in the discounts; I was always under the Impression 4hat tbe’ general ledger wss open to our examination; I never examined I’, as t presumed that that fiiato of tbe Bank had been extracted frooiit: mrUaprres’oa Is th»tocce or twice reference was made to the general ledger to yerify a f-pt; I never kmw Ha exsmlmtion to bo withheld or refused. . < Be-eyamlncd by tbe District Attorney.—-Thes® slips of paper contained, it I mistake not. the r o words, “otff notes discounted have increased ot dlrninfahed a® /nsrii, our deposits have increased or diminish® ); we owe the ®ity, or the city owes us so much; tbo city banks; we owe Neyr York* crNew Vork owes us so much;” giv ing, »s we always thought, a clear atyifin; of the Ctio dUlonof the bank; these slips of paper would exhibit tho real condition of the bank, provided the dlsc unts made by the president were really icclodbd la these state® entp- Wm. I*, Savage sworn —1 am one of tbo assignees of the Bank of Pennsylvania j f became assignee about the 17Ih of February hat; I had previously been elect ed a director ; it was some time after the failure. Mr. Longhead lo the witness TFbat was the condi tion of the assets of the bank at tbo time you became connected with Jtl 1 Mr Brewster. I cannot see tbe legal bearing of the, question, may it please yohr Hone?, and Lefnra pro ceeding, t conceive it to be proper to a>k the District Attorney what bearing bis question will h&TO upon tbe eve. Mr. Longhead. To show that the assets of the hank to tbe extent of one million five hundred thousand dol lars faM been jtplritfd away; as a part of tbo progressive testimony to'show a conspiracy to defraud uls irs'ltu tfon, and that its assets bad been improperly taken. Xf % cannot afterwards coouect, op have not'pfretdy. con nected these defendants .with’ rueh improper taking, it will not ijObo* them. It [p a step in the progrewlro evidease to show the exigence cf a conspiracy to defraud the bao£ ,* that Its assets were taken and lost to the extent of a million and a half of dollars nearly, so to *p»ak In round numbers. * ' Ur/Wbarton. tfoull It wot be well to besin, before peovlog that these aesets were spirited away, by proving their prfor exfsteneo ? Th q svema the most natural course. If tam charged with taking anything that Which lam oharged with baring £*ken must fir»t be proven to hare existed, f uuderatand this gentleman to say that he was elected after tbe failure of tbe bank* and he la the question as to the gtate of the asa»ls Of tb.o bank prior to thfi period of hfs election; not that j admit that it would b* tupa f all under the tu- ! dictmeut, bet if seems to i?a la the oijjer of, ! things. ■' | IJr. Tftaysr. May it pleas® jeur Honor, this is a quettion of p,onflld*rA})}9 fwportirice. I do out com- Srehend upon whnt principle pf my oliont Is to fie eld responsible for Besets which he'is not to have received. If the Cintriet Attorney wictirs to aak Mr. fiavjge whether ho hslferes (hat Mr. Ncwball baa obtained one dollar of the money of the bank, I will not object to it Mr. Longhead. That is a question which I will ask tbe twelve gentlemen on ray right when the opportu nity arrive#. # Mr Thayer. Jf be proposes to ask Mr. Ravage, assignee, If he hra examined Mr. Newhall’s accouota and found anything wrong or frregula* fn them. I do not object to that question ; If he proposes to a«k Mr. Savage about any transaction In which Mr Newhall was concerned, ldo not interpose the slightest objec tion ; bat, may It please the Court, can it be tolerated that, upon a criminal trial, a man fs to be made re sponsible, or sought to he made responsible for the fall are of a bank, simply because he is proven to have acted as president pi o ttpi. of that bank on several oc casion* ? Now, may it please the Court, this is a pro position which seems to me monstrous In its character. The learned gentlemen, who fs conducting th®ca*e for the Commonwealth, la beginning at the wrong end. If he cansbowa conspiracy between Mr. Newhalf and Mr. Allibone to defraud, then It will be proper to show that tbe back’s money has disappeared, that there are deficits fn (be accounts, bpt he cannot prove that there is money misting, and then a»k this jory to infer that my client stol* It. It h a proposition at monttroqt to common sense ms opposod to law There Is not a men within the sound of my voice who is able to put hi* finger upon that point of tbe testimony in .this ease, which has now occupied five days, which gives the first fact for the proof of a ponnplracy. Thera Is not, m>y it please the Ocurt one talutllla of proof, of conspiracy here. The Dlstrlot Attorney aannht put his fioger upon that Hue of evidence wblch sops \o prove a tousplT&cy *, then to *tk that be thill l)* parmiUcd to prove a conspiracy by proving that tbe Link lost Its fands, and then that the defendants .con spired. because the funds aro lost, js to argue, as I havo said, in tbe face of reason and of I&w First, he asks the court tbatyohr Honor will presume the wmspi a«y, because he proven that the foods aro missing—lf tboy bo misslug—and then be Is going to ask your Honor .hat because these fuede are missing, a conspiracy exists, and that my olieot conspired to take them. This is tho logic of the proposition. It is not fair. I submit to' my client, 'hst evidence of this kind shall b» al lowed to go In upon the almplo declaration of the Dis trict Attorney, that f 1 if I fall to show tbe conSplraoy, It goes for no’.biog.” Your lienor does not sit here to take up tbo tin;® of the public with vain Inqulrir*. The District Mtoxnaj is prepared to prove a conspiracy, or he is not prepared, tf not prepared to do it, ho ought to have tbe caodor to say so; and he has no right to fifth around among transflotioiifi with which my elient I* not shown to have a particle to do, aud laying these trauaactlous before tho court, to ask the Jury to say that ho had anything to do with them To say tbe least of H. this is IrrflfluUr. According to tbo text books, yiu must lay a foundation before you can give evidence of a coosplraoy between one and tbe other; otherwise it cannot eraape tbe rule of evidence, that It gora for nothing Uc must Bhow the conspiracy first, and then that my client was connected with. it. In tho face of the Comiuouwe&UU’a own testi mony, to ask lo show that It is aliped that the money of th® bank was missing somehow, therefore my client Is Interred tohe AparW criminal ta ab stract It, is roousttousia its character,and it was never heard or iu a court of criminal justice that a ease should bo tried in that wy. Mr. Loughosd. TMay it please your Honor, the earnest* ness of "my losraed friend admonishes me that we have come to a point in tpe cane whlob is deemed very important. The allusions of my friend who last addressed you. to the points of thp case which are Already proven aud hia defiance of my Ability to point out thone patls of the testimony wblch show a combi nation, were adrolllydone; but of this, I shall have occasion to speak to the jury and p' iot opt what 1 con ceive alTeedy indicates t tcnapltan*. Tbe proposition which J submit to th® coart now. and the testimony which t am about to offer la neither so strange nor startling as my learned friend seems to think. It iacopimou text-hook Jaw, every otte tjader etand* it, v wbeu upon ft trial for conspiracy that the Commonwealth may ftcet show tho vxlstenco of that conspiracy to effect tbe object which is charged ip the bill of indiclment,wholly IciacwsatlY* of IhftMteof ifc* defendants, They are to be effected by such eyidonce atterward* to the oxteut that they can be connected with that object. Mr. Loughe&d then read from Bourne’* Criminal Evi dence, pag® 414 And so it runs through a long line of teat-book law, supported by all th® decisions which have relation to the subject In eight Carrington abd Payne, (And I apologise for taking up the time of the court by citing, that which vmut be do very familiar to my learned, friends ou the other side), in theosso of Queen against Murphy, in the progress of the trial it was proposed to ask what a per son named Wall had said, ft was a trial to prevent a broker from collecting church rents, and to bold him up to public flcotfl and indignation. Authority road. 1 X propose how to show—not to begin at iuy learned. the Bankof Bouu'ft, ofs4O,ogO, ttiouaaußpendedinstilu friends begin: they will try their case iu their way, tlon f'that hoivoot with these two notea to a responsible > and. Twill attempt to try mine in my own. way : Ido aid respectable Qrm in this city, and received from them, not intend to show that these assets were there : lam in payment of money to be returned to the Bask of | not compelled to take the end of tho etory which they Pa ineylvAoie, $30,000 in good money, besides a check or ! desire me to take; that I will .do when it comes to the that firm for $14,003 on said hank, making the ] proper time—l propose tp show that afenk which I'• and that Uc returned to the Bank or Pennsylvania. as \ have already shown was eha»terod in 1880, with a cspl- the procoads which he had received trom these two 1 tat of $l.B-5 000 ( a bank whose assets were Togulariy notes—this witness in connection with the other—end X \ represented fthe different figure?) upon a piece of pa- um«tpro r e the transactions wh’ch transpired In the , nor* read off by the president At every meeting or the coun in* house by a member of that firm ; that bo ob ; board of directors, where both these defendants were; 1 talned from them good money, and lnst?ad of which, he : thit when it came in 1867, in the iatler part of that • brought to the bank, as purporting to have been re 'year, to be investigated, all those assets, all that e.dvei, the depreciated currency of the hank, money Rt ; capital, »U that which It appeared was the property of a discount of ten to fifteen per cent t whereby he ob | the bank had been spirited awav, (I use the term, not- talned, without the knowledge and consent ©f the 61- Lwltbst&u { in£ the criticism* which my learned friends i rectors, and be assorted that he did it by the direction j putupoait-1 had beeu sp'rited away, bf some person or ( of Mr All bone \ that is, that he took the notes and | persons.. If I cannot; show hereafter that it was theae brought back payment of thorn in that manner, and , defendants,and th*t to come degree, beciugo it Is folly, that in that way—it was a small sum to be sure—he ob- | lit la improper, Indeed, to say thit I o*n trace to their talned $4 COO at ten per cent, discount off the face of . hinds the whole of this default, tho assets of the the bank notes; and when I show these separate and bank; bat I eau show, and will show, that they grasped unlawful acta tending to defraud tho hank, I will ask , these funds to a limited extent: and X will follow the the jury lo say that there was afraadolectcombination proof that these funds had been taken, by the fact that so to do. and more especially beoau’e, when Mr. AHI - defendants took funds further., But I mu«t bi- bone obtained the presidency of this institution, she glumr oese—l must lay my substantial foundation—b» was sound to that extent, as I propose boreafter to show, showing that a conspiracy existed to defraud, and I and that when the assignees obtained possession of the ohocse to begin by showing that the act of defalcation mseti she was miserably, hopolesaly, ruinously in occurred, and that in consequence this bank was ruined, solvent, to follow ft in its regular, legitimate channel, b> con. Mr. Brewster. I simply invited a proposition from netting these defendants with It regularly and properly, my learned friend respecting bla offer. I tio not under- I propose, therefore, to show that the assets of this stand Jusiioa Ooleridgoto have decided thatif two per bank'had been•-Abstracted and taken'away, carried foos separately commit a wrong agaln&t the same per aW&y, to the extent of nearly $1,(00,000; and, in son, whether natural or artificial, «t different times, addition,! propose to show that those who brought andwithoatbeingconneoted.it Is ovldeuco of a joint this sttfo of affil rg about, precisely, legitimately, par- conspiracy, although it would be evidence against each, tiealarly. • , upon a separate trial, But here the privilege ol a sepa- Jtfr. Wharton. May it please your Honor, the defend, rate trial was positively refused or opposed, and your ants have no desire at all, and if they had tho court Honor overruled the application fora severance TTe would not allow it, to interfere with the proper conduct are therefore here upon a joiutlndlctme at, jointly tiled, of this ca*e for the District Attorney; but they have a and as my friend has elected so to try ns, and refused .desire that this case should ba tiled upon the sama gen- to try ns otherwise erat principles upon which all similar cises are tried, Mr Loughesd. Pardon me a single instant, I un and that these defendants should not be in a worse po. derated that the court did d'etiootly decide thatqaes- Bitfontban other drfendsnts would be who were or. tlon; that it had never heard of a separate trial in fraigoed fa this court npoa a charge of a like char, cases of conspiracy, which rule had been decided and eater. held to in a recent case. The present offer of testimony fg simply that this Mr. Brewster. This is not a writ of error, a coram gentleman, who wai elected a director of the bank af- vobis. ter Its failure, aud subsequently became ono of theta- Mr Longhead. I do not understand the court to sigflces of the bank, i« asked what was the condition of have decided that I had prejudiced or lost any right in the the assets of the bank at the time he had no personal introduction of testimony as an officer of the Common knowledge of tho fact. wealth. The District Attorney admits that the wbolo of that Mr. Brewvter. That may be your opinion, butl have evidence, which may be complicated in Its dotafl, may a right to argue the reverse of the proposition, flow, lead ns into a lengthened and protraotoi examination sirjaoithaaboenobjectedtbatweshoaJdhsyeasppa of the verb «s dotafis conducing to that result. May rate trial, 1 humbly conceive that the evidence ought not the whole of it be entirely unimportant unless lhe to follow the allegation, and received fga'net the two. or District Attorney proves what be admits he is bound to otherwise not receivable at all. Justice Coleridge has prove at some stage of the ease, butwhich. on the partof been misunderstood If it ho supposed tbatlhe admits the defendants, wo contend heshould begln"by proving, such & state of facts ' to wit, tbattbese two defendants corruptly conspired Tho reading of tho paragraph referred to by tho T)li to iletfiui tb* baulc: that they carried out that combi- triot Attorney shows bow easily the Judge may he an tfttlon by some positive sots, and that these acta re- derstood by oitching chance expressions. There bad suited In tho fa;ts which' he wishes to prove by this been evidence connecting the two defendants in refer- Witn*M. He lias no proof in writing of uny corrupt eoco to the particular act uoder dlseuisiou • but t sub acts between those two defendants; on the contrary, it mit that in this case there is no connecting link be •triiy boaepfirAteJy, whether oiimin**! or not in tnattor cf tween Messrs. MUbooe and Newhall on the 28tb of discussion hereafter. The District A ttorney adduces September, and therefore I objeot. 1 admit that ooi certain separate and distinct acts froni which bo wisbes bflz*temout may be perpetrated by two different officers to proves joint beaming there has been laid wtdffferont timos. but to say, on th&t account, they can bsfore tfie epurt aud Jury some evidence that in these be connected is to strain tho law of conspiracy to a particular acts thore wan some sort of agreement or point 1o which it bos never before extended I bare concert between the twodefendants. Tno evidence has tho vum and substance of the ruling on this point, in Already sbpwn that that concert or ogrceu.ent was f-.r which the law is stated clearly acd succinctly at page a lawful pnrposo, and which i* for the* jury to decide, 235 U of Waltons Criminal Law. [Reads, j ** General and jt/rdsr tho charge of jcarHoaor. evidence of an existing eoneplrxcy may he evidence by Votir Honor has already said, very properly, that tho which It Is to ho shown that the individual defendants ■ agreement, as’ far as it can be proved, cannot bo wore guilty pa*ticipatorg in each conspiracy, and that wiretched do circumstanced which lave no <lir*ot bear- this is often necesaary to render the particular evidence icg upon the combination. Now, H the District Attor- intelligible andto show the true meaning and character ney will begin by proving some combination from which of the aois of the in H virtual defendants. In snob cases, a legitimate and truthful implication can bo derived, thegenorai nature of the whole evideco Intended tube that in these acts they conspired to defraud the bank ,* adduced should 'O opened to the court; and if upon If he can show what the? did jointly, In pursuance of such opeDiog, it should appear maoiest that previously their corrupt comb-nation—end of course whether It uo particular proof sufficient L> affect ibe individual WSiQ sitwewrul, to wit, that H resu't*d iu the destrno- defendinls 1 is intended to he adduced, R will become the lion of this bank—'it seems (o me moat propertbat he daty of the judge to stop the case fa limine ” should begin at the beginning, as I suggested before, Now, my friend says that lie does not propose to con because it fleams natural that when a man is brought ueot Mr. AHibooa wilh Mr. Newhsll, or vice versa, In up Iq prove the noo-exlsteuce of thifigs, and from that any acts done on the 28tb of September; and, If such non existence is to bo inferred that these defendants be the case, His not admissible under this indictment, conimHted'ii unlawful act, that tbeir existence should whlob charges joint acts iu pursnance of a joint eon b» p’crfd first splracy. If tve are charged with abstracting the Tnads of the Judge Thompson. Ido not understand ihe Distrlot bank, it la not unreasonable for ns to ask that the Bis- Attorney to admit that. I understand him to offer this trie* Attorney show, by .the acts of the defendants,, -proposition, that Mr. Alllbone and Mr Nswhsll were jointly and separately that they conspired to oarry cff ,ln close concert and connection in tbeir transactions these fuods, ana tben to sh..w that these fun»s were, touching their affairs of the bank: that iu the absence carried off to the Jujnry of tie bank ; but bow was it or one, the other was noting in tho same official osps potelblfl that he can comraeuce with iho last fact and "filly, ind that both did acts which were illegal and im go to the first? lie can only provo the existence of prr>pw, aoi which tended to JnW© the bank: then bar these funds under off«r that lie will follow it up, by .ing established the fact, that by their means the bank proflf that the defendants carried them off. It is not was thus lojured, in connection with this alleged inti- Unreasonable to ask the District Attorney to begin, by macy existing between them, whereby one obtained the lujlug before the court and jury sorao proof of a combi- authority and power to perform certain acts, which the nation and conspiracy to accomplish that which is con- «thor, in his official capacity, con>d h*ve performed, talned in the bill of iodrotment. When hp does that. I that he will leave it to the jnry to say whether these hare so objection ; but to ask tho witness to prove the acts were done in concert and with the intention to de non-existence or property without proving that it had fraud tbehank. Buch I understand to betheefferof a prior existence and lilt had. that these defendants the District Attorney, and I have already said that conspired to make it disappear oy concerted actfou apd evidence of that character Is admissible, spiritual action—if their confederacy was so intimate Mr. Humphreys' examination con Inued.-.Theamoanfc that the electricity between them so acted that these obtained by Mr Newbali was about $46,C00: 1 mode an funds flew out of the wlndow—l most strenuou ly ob* entry in the book of the amount: the exact amount was If* sdinfrsioo. $45,499 82; the number of notes was eighteen. They The District Attornoy must first show a combination are as follows: fjcttroen these two defendants to defraud this buik; then W. g, Bojd Sc Co., dae next day fthe 29th) for we shall have nothing to say, but stand the racket ;aod $1,495 27. ho must first hogJn’by showing that they did Something Woods, Christie, & 00., duo Sept. 23th, $3,874 75. to lojU’C this imtilutloD by joint action. i'amura, Klrkham, A Oo .due B<*pt. 3bth, $l,lBB Judge Thompson. I have so ofwn, duripg the pro- Williamson, Taylor. & Co., due Got 1.51,645 17. press of this trjaj, Indicated ihu prD ciplea upon which W. 8. Boyd fc Co., due Oct. I, $lO,OOO. this ease should tried, that It seems fiavdiy neoeFsary Qrrleh, Bient, 4 Thompson, due Oot. 1, $1,166 46. again to announce them. The principle upnp which a A. SJalO &• Op., due Oct. 3 $l,OOO conspiracy njust bo tried la that whtoh I to Thompson, Clark, & Young due Oct. 3, $1,899 45. have b6en laid dowu by Mr. Justice Coleridge in Queen T. Black, due Oct. 4, $742 80. against Hamilton, which case has been cited a few mo- D. 0. Knight Sc Co , due Oct 3, $3 010 89 went* since by the District Attorney. It is where P. AB. 81evJn, due Oct 3, $535 00. there a r e twoperfonscharged with conspiracy, you can George Gordon, Jr., due Oct 6, $498 34 E rove tbolr separate acts; and the separate acts having Weaendonck A; 00., due Oct. 0, $2,600. eon shown to produce an u ‘lawful result, it is left tor Weaver Sc Graham, due Oct. 6, $196 Si. the jury, ai AqaesUoo of fact, to say whether these acts G. O. Thomas, president Commonwealth Insuranca were dope In dbmtyoAtlon and in furtherance orepaspi- Company, dqe Oct. 9, $3,000. racy It the jurr Infer that fact from separate unlaw- G Lippincntt ACo , doe, Qct 30, $2,000, fal acts performed by each defendant, they may do so, Gillespie, Zeller, ACo . due Oct. 12, $465 10. aod the coßsphaoy can be thus mace out In this cuse, Philadelphia and Reading Railroad Company, due it is aUvg-'d that two gentlenion conspired f<> ruin the Oot. 10, $lO/00. bank. In the first pTeco, it must be shawu the notes were ohUlued fvom me on the 28th of uank was ruined by their aci^; and frojq the fact that Peptember, threedaySafter tha suspension of the bink; Hi* btni r fee ruined by'tfse/r ads, the Jury may infer, I saw only one of these notes again—(ha PbtUdelpbia if tha eriuence justify it, that Ih'ey conspired to effect and Reading Railroad Company for $lO,OOO ; Mr. tbfa result But Ido not see bow theststoof the bank, Newhall paid it to me in part payment of another note ; ft*-a particular time, can tend to prove that faot unless these notes were In the chest whpn he oh aioed them ft he sbowti'what the %cta of these defendants were from me; they were In my custody a'ong with the note which brought this ruin about. clerk; Nowhsll’S check was left to represent these We Ail know that on the 25 th September, 3857, every cotes ; I don't recollect the conversation that occurred; btuk In the city and couAty of Philadelphia, had not a he came to me and askqd me for thug* pirticiilar notes law beettptsaed which authorized a' suspension, would and I gave them to him; I cso > t recpllopt if he deslg bave boim rafoed; that it was admitted there woe not okted them or 7 picked them for him ; they stand atyink*bleto si*y its debts, Inolqdfng its deposits and there on books at hfi got them ; I b»{l tther notea circnlatiiH Now. wofildt it f/0 i"airto take the fact In my possession'at thp time; all the notes were in that everyone of those ibo 26th September, separate handle; th,e notes ©f each day were pot 1867. was absolntely insolvent; that, their Meets bad away In a bundle by themselves; they were placed ' disappeared, mid prove that fact as a oharge ih that way because they were handier for us; these against the president and eashfer of those <nsi : - notes were delivered to us for payment; when the ' tutJons?. If it be so; if that be the mod© of notes were given, to ns for payment they ware sepe ■nrovfng a conspiracy between these two officer?, rated in'.bundles on the day they becime fine, and !r esn be readi'y understood that by the proof when the notes wore paid by the parties they would of each a fscr t tho officers o' every bank in this county get them from ns aud we would mark them off as: paid could have been proven guiltv or a conspiracy—if such on the hook: 1 don't recollect having any conversation evidence he sufficient to ; prove it. Is tb&t a proper with Mr Alllbone upon the subject of these notes; it (Cfit wjth Vl^Pfft o begin proof qf a onusplrscv ? It ismpre able to state who was'acting presi setsins tdwwtbat (be noesUoa Is a powered pv statfng ]t; dent at that time; I saw one of these notes for $lO fioo because we all know Anat, prac'icaUy, encha Tact could 0Q the 9tb of October; M r > Newhall bad obtained not aod‘d!d not exist; and the knowledge that these other notes From we on the flih of October the same day; bauks, at that time, we>e admitted to have failed did he obtained two hotes of Morris L Usllowei) A 00., not. In the mind of anybody, prove anything against «ue on the ssme day, for $29-Wifi eaoh; became to me the ofikers wpo conducted them. It proved cod got tfc9m, aud said be would get me the money for baakfrg, to* grett s» eytent of credit) sod a yar/sty them; 1 mentioned 1 had o ders to remit )n a certain of other matter?, but in no one’s estimation way; I can’t recolteet how it was; I mean in what dbl It prove & frau<L or au attempt to ruin way; Mr Moore bad mentiouel to mo in what way, tjie several" banks. "Why shbuld such’ foots be bat I have forgotten; I don't recollect what Mr. offeredin evidence in this eve ? They prove nothing Newhall said; he look the notes from me, and brought more in this case than they would (a another case, and, the tytek the money: he brought me back TluUowcli Sc coase&usatfy, they do not tend to prove thefactofa 00/S ohsck for |14,000 on tbp Rack of Pennsylvania— conspiracy, or that Any set performed by two per- a discount check for $lO,OOO. signed G. PhiUeT, cashier, Sons lojnrsd the hank. I admit that if tpe prosecution on ihe Bank of Pennsylvania; I suppose it represented will show that at the time Mr Alllbone became its pro- a discount given that day: lie also brought a note of i sideht there w'cre good assets In the bank, amounting tfae Philadelphia and Read tag Railroad Company for to a certain‘smn, that ehonld be admitted In evidence, slo,ooo,and $O,OOO IjO Ven-osytvanW bank Tiotes•, and *beq thp f»ot jhat noderhls admioistratloo these were the ordinary bank notes; I don't fcnqw \yheihor assets disappeared, vriU ue admitted In evidence; but until it is shown that, at Mr. Newhall that j rscoileot of at the time of his some time, when his responsibility begins, there was bending me In these notes; I made no objection to to something in exist’enco whlob might be' lost, 7 do not ceiving these notes; nftsrwhat I bad told him I suy see how the mere fact, that at the end of a few years poeed it was all right; I don’t recollect how \ had the bank became insolvent, would prove a fraudulent been directed'to take payment: there was s’o 000 to Conspiracy. , be lb canent funds, and the bslaace, $l4 009,, in a The District Attorney Ins said that he must prove cheek on tho Pennsylvania Bank; I don't know* what tho separate’sots of those defendants, and he has reeled the discount was ou that day on Pennsylvania upon the case of the Qioen ns. Xfnrphy ; and, m far as funds.' tho spnsrtte acts of tyes* individii«ls go, I Imre al- To Mr. Thayer. The bank bad failed three days be readv tjiem, aud have lalddo\, o the vvry rule fore Mv. Newusll got these notes; I don’t think this which was praulUed in th&tcßse. by Justice Coleridge, ira*ia\ctioo had anvlhing to do with the fsliuro of the as the rufa in this case j butwMleiho separate acts or bank; Mr. Nowhsll gavd his oheok for the notes he got, th*sedefoodant« may b* shotVn'to injure the baulc to aod H wan charged to him,' I presume; I don't mean to their full extent, it is for the jury to decide upon a s*y he lefihlsohechtoTepYmntthewotea; he paid far. cotubfutttlOft. and Ido not gee how wo can go if.to the the notes with Ms check; [check hao<jp£ to witness ,j general examination of the c-ndition of this bank for that in the gs?p bl® for We notes) thiatTHus tbe purpone of nrpylpg tljat theon ci- , UlS ,^Dr * pruouced l/tiou vas notbmg more than Retting current funds in (bat u-forlimate result If the liintriet At’orney wijl htece of Pennsylvania Banknotes; I don t know of thlß hl'jtin bf showiog that At the tJoieof Mr. Ailibomt's being done for »he peoplewfter the suspension; 3 don't Ukioif charge of this bank It wus solvent, that lrilMie ku«w of my own knowledge, that it done at all af admitted, and then ibe condition of the bink brought ter the saspvoflioo; wljeq a mao could aat pay htenote, about by Ms q? tUclr acts may bo fully exhibited anothor man would do it For him ; 1 don't know that to the ju»y. current funds were pstd ton very large extent toother I maybe pilowpd to ray, that if, at the time that people afleT ihe failure of the hank; discount©! notes Mr. Bavagrt obtained poflsJsMloo of tbvuo book*, the were allowed to be paid by checks asMnst their state of the baob appeared, Fdo not see that there oan depositors ; all these notop that Mr. Newhall got >e any dißlcuUy ta proving that, at tho time Mr. AIII- wetp dicrounted 5 bone became preMiteut, the stat? or the bank would Allow paytloa to take up their not?* ja that way; ! appear also, becett'o. ir the hooks were properly Mpl, numerous other parlies took Vkjj thrir uotvs with ihrir 1 they would show that fnot as conclusively at one Ume checks or bftnfc notes, they *lMi I don't twi at the other; av>d if H can be prf>ve ’, as it may bo, know whether Urge smeunle were paid to depositors In ItosUrt this particular branch of the case, that the WH B roeovnble; f fiop’t krpw wb ßl her any amount bank was in a edveut coudltioo at that time, I sbitl was paid ; the receiving teller bad thocurreolfands of admit tbo evidence the bank in his poscesdiou after the failure.of the Mr. Lcngbe&d. to witnesa. At present,then, liank; when I speak of current fluids I mean bills r^ceiv may retire from the stand. able add notes of other banks; I don't know whether * AJr. HaVerstick, recailel —-The assignees have all suybody ouislds the endorsers were allowed to pay dl«- ihb boofcw rMatlve to the Bsubof Pennsylvania; the counted notes by their checks; I don't recollect tho statement made to the directors iu 1853 will. I pro- conversation took place when hfr'Newhall tcok up mine, show tfje state of the hrnk at I these coles; 1 don’t recollect his saying A'.ytMng tp ui}/ have not that statement here, l)til will have it serjt for’, relative to Mr. Botle or anybody ®l*«i 1 peiteve it was John Humphreys, recalled—l was assistant toilio mye**)f that-gave these notes to Mm; the entering of note-clerk fn (he Bank of Pennsylvania; remember them ou the books lain my handwriVng; lam not sure Mr. Neehall coming to «e ami obtaining notes from IT tt was I who gave them; 3 know be got them ; ba ms; Z don't know tue number. ’ Hot® it wob Jwho gave th*m to l^im; (don’t know To Mr. Brewster. 1 think H was ml in Mr. MU- who got them out; I know l had ln toy hands bone's presence. when I was entering them on the books; I may have Mr. Brewster. I would ask what Is to ho proven by something else before—don’t Tecollect this trite* «in addHion to that about which he has This transaction, in relation HaUoweU, nte witness in addition .. already given in ovideope ? ‘tfheCjnrt The objection before w'S as to the con versation between himself and Mr. Newliall. Mr. Brewster. He is offered to elabirate a subject aPeady proved. Mr b URbfftd. I understand your Hopor to fifty that you would admit evidence of fho Heparatu sots nt tbeso defendants under the ca»o cited of < { lh« Queen -cs. Morphy.** The Court, Yep, sir. Mt. Lougbead, The wpwata %i\* t>{ Vheja da* feudants, *nd I propos* to show. berore coining to the evidence "hich your Honor rejec’vd before, that Mr. Newhall upon one occasion obtnloed a oartalo amount of note* which he had t o right to obtain from an ecu* Vloyeo of the bank, $46,000, and carried them away. TJju in i »e peparste act of oue of tho defeudants : and In reference t<* ihe other defendant, that he toon away s9o 000 • > The Court. 1 thloh that\b evidence. Ry tho offor of the District Attorney, I take it that he intend* to show that Mr KuwbrtU ob'ained a sum of uotea which he had wo light to obtain, arid that Mr. Allibone also, eiihor at this ur at some subsequent period, obtained i flu amount of notes which he had no right to obtain Mr. U ewaier. Rat Ido not \ni4ersUml the offer to i infer, own, that one party knew of these abatraotions | l»y the other, or that Ihora wan any connection in these | traßsoctioiiß. Ilh nh that that ought to be offered. I 1 dou«t ask that the District Attorney be compelled to i flliow us those facte now; it wotiK be aureaanuable; but 1 sjsS tb«t bo Mift!! mow offer to show that one was cognizant of Ibo other's transaction# lu this pirticotir, or that they were sctlog together, as h»« bpeo before argued Rut up >n that offer, tho work before ’mat, tboro was a mfseraUo failure oxj iha part of tho Vomttwa* wealth, for the witness »heu upon hi* examination nt'g.nliyul th« very fact that Mr. Alllbono knew a iy thing aicut the transactions to which reference was bßlng made If our friynd will so phrase his offer, that wil) be au end to this objection j dse Thompson, In deciding upon qitestiooa of evi dence, the only point by which to its admis sibility or uou-admisiiibiVitv is the fibitoojaot ui»d? by the party wbo makes the i |for. The District Attorney Is required tofitaio what he )s about to prove, and he doesßta'Mtj and in aticb a form that, if proved by the testimony, it will be admissible, X must take it for granted that ho is about to prove it, and if hs fail iu bo doing it must go far nothing. . Mr, Rruwster If wp btaod upon tho offer that upon aaetUtadeS A. took a sum of mftuey*s»y sl6*ooo*Bo4 that upon another day fl took an additional sqm of mo ney, srv $6O 000, and that .one know nothing of the iAh%t*«bw»Ug an Uk.ua these sums, I aubtait tliat it U no evidence of combination. Judge Thompson. It is not erldeoce nmlor such clr cvtTOfi'tancos ; but the ptatrlot Attoruey dOBigUR to oon ntcfc Ursa parties together in this, as well B 8 in o'her transaction'*. Mnllrewster Jf he fit vies that such is bis object, not ly this witness, hut by snbutquent proof, J am cop tent.to admit It Mr Lou&head I will not unfairly st«te this case, nor attempt, by any uoprofessiona) conduct, to swuggie in evhleuoo whioh the court decides as not proper to he admitted This is bo part of my an 4. I nadecHood the Court to say, >n overruling the te«tiinony which lias baan overruled* when I offered Mr Ravage aa a witness* that under the decifilou iu the case of the Queen vs. Murphy I had a perfect right to adduce tbs aeparafe , acts of these defendants tonding.to show, uot that they united iu tfaoso particular acts, but in ilia particular object—and that was to defraud the Bank tf Pennayl- Vania. Now, I propose to show, and X wah it to be distinctly understood, aod no further, that upon a acre tiin day Mr Nowhftli obtained ftO.OCO worth of notes* which be had oo right »o ohta*jj, of the property of the Bank of Ptmosj ivaifia i that she waa then a suspended ln»tltuliof>, paying none of her liabilities; that Mr. Ailibooe obtained $9O OOQ lu notes, (&nd l will do hin* the justice to nay that be rednoed ihe amount nearly $3l 000, leaving a balance of $65,000, which he had ab* tained awtet like chcmuatancog}) that, sub-wauentlv, Mr. NewhaU obtained posseisioaof two other notes from .bootWOTok* irut tie riimro oVtiY tank; on «T« presont wbon Mr. He-ball oooacilred Mr. rail; X S 5r V dlrit>» rtrir atten- &' Iruu! r ’£™ <1» d./andabta Urn. to abler tb.o » »r»i«Ml»e sssi’sryjafsMS'ftisa fands frora it.n.Lo,« !>«’»« _„*» Her ft to Ibis principle of Jaw than io h& culled upon to not dueuntn’tbe loth or October—the next day. fllblvariieVurS^ •To M»* 1 rinnti it«A« <t«+ *f« M*rT*h«it SlWy arise daring the progress or ao protracted a trial Ja"rJ&e ,*„ 2?,* IrXtX ukWI »«* ?”“ r a-lW »« ■» 10 time ; I don’t know anything alnut what amount or J w ' money M?, NowhidVhaaiutbeb&nk-tfhvntt.VftHwl. JuJg* Thompson It way he that the counsel are To Jfr. Brewster. Mr. Alliboce might have been in »omenitat m'stod by the use of the term bill of partfcu- Vat) bank on \h© i%Va of September—l have no Twelve- law. It was not used by this court in deciding hereto tioci; Mr i’eil was seeing president on the 9th of Oc- for « n P° n t&is hill °f indictment in the meaning which 4obor, aud Mr. Allibone was cot thee that day; he they seem to attach to it There is m> such term Was at b>nne eick, where he bad been eiuoelhebth <vr koown % that lam aware of* to the criminal i Oth; be had Cot bso;j rrry irrll/or some days previous bill of pirtlculars This, perhaps Is the rt>as nof tko<r to the or 6th of October; w record of hrth t»f lfcv» 1 “* 8 110 ®ucli term in their acceptation of it. j trouaactnms was made, eo that wo could bsimeo cur 1 follow the iangnage of Justico Idttledale in the case j boqjrs every day ; tho nntoa maiu vrt respectively from rrferreJ to, who raid that upmi a voy general couut, ; the 29th September down 1o the 14th October; Mr. »°<* a ? that la«d in this indictment, there must be aj NewhaM’a check repr»*cntod fac® •, there wwi no poriieuifir sufficient to mske it specific enough to let , discount allowed fohim for the time he notes Jiad to the defendant know the nature of thegeneral charge tuu ; I don’t know that ho wm a'l< w®‘l in any w.y for ho called upon to acßvo ; not a lull oT particu* j tho time; to that extent Mr. NewbaH would oerUinJy «*rs of each item to 1»> submitted. This is not aud j bo a loser bv this transaction; I did ou other oa-aewoa ( was not 'he idea The idea was to make the flfth j than October 9th recetyo in payment nt notes discounted ount sulllcieutty specific It stated that, by reafon a BhUlpr cheok, also after tho failure; the Reading I of- unlawful means and devices, the do eudauta ooo ooitt, duo October JOth, tras not entered on that date : I fP'red to cheat and defraud t£e Bank of Pennsylvania that note was pold on t]jo 2«ih or September; it wai i o f divers Iftrpe sums of money; and the object of bantlt-d to the receiving teller on the 6th of October •. I ’ the parficu ftr wav to euftble iho defendants to knew was in the bauk on the loth; I believe thwt note dvU’R ! what manner, or cut of what epecific amounts or 1 not appear to have been handed in at our desk ; it * U un,H T tb® clnrgo all-ged them lo have defrJudfd the 1 ought to hAVo been trausfenui on the 10th, if if o.mk; u>»t that they sh uld bo furnished wiUi su'h a - had been in the haeda of the teaming taller on the ! b»ff oitfurtlculara as fs given in civil cases,of creryitim 9th to which or about which the Oommouweslth intended by the Biitrict Attorney. I waa not t*> give eridencej find certainly not to furnish tho do by tho dcfeudatitc, nor had aqy convetpation j fendant* with all the evidence. Thoy m»t»ht as well with either of them or thalr ccunscl; there had to W a require the names of all the witnesses. Now, it seoras discount in ordor to got the l'hiller check ; I don’t to n,fi *bat the quest! n presents itse fln this light: How whether it was an unusual or a usual thing to ; *v have bcrtn engaged sonic days in endeai'orihg to as take these notes in this way j it was not a comm <n whether there is cvlhoaco of combination, and thing; I don’t know tbaf tuoro was any other pernou l fc now oflfered to show there twogentlemen were who cauio there and took away notes an these ftt tho bank about some hneineFß. at an early hour of a were take# AVay t aud gave hfs cijeck for them ; Mr. certain that business was has not appeared; Hewhajl oof fhp ucdorser oq those notes to my j ut I *lO ihiufc that the fact 'hit they were theta to knowledge; qofos wee pqfd sometimes by checks on ge f he-atan early hour about bnsinois is tenoral eyi- QtUer banks when they were uinrked good denco on ar.y of the oouots. Whether the grecifla James Traqaalr sworu>-| ain a metnbflr of tha firm or item <d proof which is now to he offered, i» j of M. b. U&Uow H&■ Oorupaoy; I atte-d to tha Hnan- «v«dence on any of tht-so counts, Ido not know, because dal department; we had two notes of $2O COO due an 1 Bu * BQ t yet aware ol what it is; but the Uct that the Oth October to the Bank cf Pennsylvania; ihvy j wave there at ibU'time is evidence under any wo’-fi pa'dtoMc NewbaUktour house; the two notes j count to show that there might he, in thi* and other of ?2b POO each were pai I b/cbecks; on PMUd-IpUia | *C (8 i » combloation, a union, and for that reaaon I ad «, SlO.OpO; Farmers' & Mcphaolps\ SB.Oob: hank of lf,u aa far a* it go«* *, that uu I admit i Araefica, sB,Oft); Bankof Pennsylvania, $14,000; wbat jsi offered to be shown—that ibes« gentlemen . these other banka ryere marking checks 11 gool ; 5> they tame that® at this time ldo uot kuaur how Car It wi l l were returned to wseaoceljed, flod word obargeii tone; extend. { we have three of these chocks; the check on JJrnk of Mr loughrad I purposely abstained from stating North America was deatreyod ; [p*oduc s the three] ; I how far the evidence would go I will get at one fact have my bauk book at the counting room to show when they Were settle*; Inf uo conversation with Mr. New- Question to wltnesa. Bid Mr. Newhall and Mr. A Ill hall uiysvlf at that time; these flier bapks marked hone come to the bank toother &t kn®arly hour 1 all 2trg<i checks l, goqi l ” aud (bey were settled fa the Mr Brewster, JSow is the time, I suppose, sJr. I e*chhug»». * ‘ H ' 1 usk the objoct of tuy friend a offer. Cress-examined by Mr. Browster—Slyeeniorparlnar, Mr. LougUead. My object U to Show that ono or M h. Halfowell, was present, and participated »n it; beth of these defendants took from the Girard Bank this wjs in pursuance of a previous asreoment with hook & check for ten tbooertia dollars, of a competent Mr.ttaHowril) uur ftrm had shia ovc4ft«f SH,<W6 fa and resp.mQble house in this oity and carried it away, tho bank for gniOß time; it bad been agreod that the Mr Wharton, is that the whole offer? notes (between our Brra tfod the hnnk) ahouid beta the Me Loushead les^air bauk the day of their maturity; tl-at the bank would 'Mr. urowater. Now is the proper tlmo. then, tomake not transfer tho qoteß if w« did" not,d p aw oqr balance objection My fciovd has statea hla offer.jktd it is coa or that if transferred, they shouM be Wt ught hack; oedet that lb was not. Included in tho orig.upl partlcu we ware thfnklog of withdrawing our depusit »b ut la**, kltiiougn I may have been wrong io ihe deslgna lht» tim® of tlie bank's tmapentdou and tu tion which ( apply ti it. I apprehended that we we e of ihiit arrangement we fotbore drawing our depoiit; have notice o' the particular which was to be proven . that trfi9 part of the sgreemem j don’t know whore our uades the d(th count. | TO air. ThUr ' i haVa no knowledge at whose re- f XlCyor/SorVo" tre ofl'aT^Mnhe^nST; • quest Mr Newhßll brought up these notes to Mr Hal- iUolf Is pro4d Th 4 lonJn?™*!. th« s-ut of tbJ Well J Mr. Newhall did not give Mb Individual guar- 5 action, and the iodtow«t IFlftLn mi tr vKf ' wßt - ,i * t «t notM w» t0bB “, \ ’William Orne sworn—Was employed in the Bank of prove the combination t Permartvaola, with the receiving teller; several days then. Is It necessary to mtrictth^n!!^ , before thobank closed ftleasrs. Allibone and Newhall the onl/act* S? a " oSck. lh ‘ 0 ba t ° gether ’ in the at eight ortjrwhJA $ ?Jt,dupontheW?,‘ '. Mr. Brewster. lunderstand tbit the matter which combi nation, whether it the is now nbont to be proven is oot embraced in the hilt of : nnd you cm prove "that combination •-* p.r«ealan. We), ad m notice ot it until tie DO, tort., to yonr pone?. f'tt/.Viertfto.S” « taring the edjonrnmont of last week, when we wore j ho shown at tho hanlc, at an early hour’ loins™?? Bret advised that it wao tho desire of the District At- ; concerneof the baolr. it woold b? iSiSS,!? " torney fo offer thie evidence.. I apprehend that ho did would go to >W oomhinatlou and thou»hitwS?M S . not know of it until after be had Bent the Original I work out one of the overt note, ret Mjiutlca ctolaeMra Mr. Longhead. Audi ro stated in ray note. Did I' confose?what°?eridrace m?S? ‘ ’ ‘Mr Brewster. My friend frankly BO stated.. Itoraa air tti? mrttM'or'coMMrtCT ""The 1 '!?! 1 , not iben before the Grand Jory, and had it not been deuce which tour Hoi to min* cert?to* Sot that one of the jury hocaere eiok, in all probability It, the court to .ayXiher.8 wUlp“ it« *J£t?°‘/S ; " would not hare haon offered, and the ca-e would hare qnerlion which we are examlnfhe under all them dmTnf. " terminated before thla supplemental notice ,« sent; I, a question of comblniTS or amUaS ' and If we are to be tried, not by what waa before the toproro that combination It la'not oMslbla to reitr!?? Grand Jury, or what ray friend based hia bill upon, it the projcoot'on >o the mereovert oo£ whichare allooed seems to mo Irrelevant and ont of place. I will hand In the bill ofiodijlmcnt ««« which are alleged the paper to yonr Honor that you may glance at it. They are the reealte or the combination add other - [Hands the paper to tho .Court.] Now, [I ask the evidence to prove the Vast of a SSJhSSlitorf maw ta Court, If it be a proper matter to go before thie jury, admitted, besides the overt sets whichare aliened and I apprehend that it le no notice.. It eeema to mo that for that reason, I think that eyidenm wiwnaw the notice required before the rule Is notice before the that these two gentlemen, at or about tlmtimeor tlm - - Jn-y ie sworn. If we are to bß.governed by analogy in com nie ion of the overt acts in this bill nr indiebn.lt these matters, the notice Barrel ehonldbe before tho and, as tho remit of that combination wore!GwMher plea entered, isane joined, and jury panelled, and doing certain eels In the hank, leadmiestbte tn> .bow should this rule be extended beyond the time when tho that they had a ooinmon latent. How far it’will nr™? bill was furnished, it would to an anoma’y to which tbi* conspir cy la annther'quaation - m " roT ® we are unaccustomed. If this rule be correct in a civil Mr. Brewster. That js perfectly true wlr * Y ewe, much wore should it b& adhered to inacriraiual about to inrite your ’ Honor’s att«ntion to the trial, where that which is beyr.nd computation, beyoed nlngy of this bill. The conspiracy ota»r<r*d acaloit any amount- beyond controversy in a civil suit, where . these parties is to obtiin one particular HiEd ofnrooerlr ' tbe character and liberty of these defendants aieat and that ocly which »# mopey. a rienißcuioi ft»ke. Without discussing the question farther, if It hero aieitewfaere, ef specie and com, and nothin* elaa • ‘he iQ.tentfon or ray learned friend to insist upon a* I understand it. A conspiracy to obtain tbe motfevoi this offer, I will rely apon the cmrt to rule it ont. anotbor, ia the same as a conspiracy to steal* and if Mr reough«&d, Without anyattempt to discuss my. these parties were upon trial for etealio* moner it friend s manner, which is very agreeable, and mine would not be competent for the QonimonwstUh to/bow which js the reverse pfrtapSj I beg leave to gay that that checks were stolen, for checks are not monev u 1 aru about to offer no now ehsrge. If such be my the world or as lawyers understand it. A conviction learn«d friend’s opinion, we differ materially. It is or acquittal upon such a charge would he no bar to* a charge which was presented to the grand jury and is trial for the identical offence A man may Be seanitted '' printed to this jury. It h«s never changed its obarac- fur the Urceay of money. jet be fnrfcied for tho lß f , , ” * to derraud. That all the evidence larceny of a check, for money is coin. This oM«cHon is * ! wight not havebeou before the grand jary is no just so plain, that it is not neceascry* io elaborate-It * ground that it should not have been bronght before* and though however true it way he that anr act* ; this jury. In this inatanco the evldecoe which I am nhcw’nj a copsph&c? ss chszted it jufrm*BUtU\ about to offer wan totally without the knowledge or v e t I conceive that anr *ct, be«».re« those cfaareid In the Commonwealth’* officer, and if I see proper to pre- the indktm ntJis pot to be A oonar.inrv fer before the grand jury that which constitutes a eteal i* not a conspiracy to jnuider A conanlrjc/ to steal a watch is. dißereat from a conspiracy to Vteni ? Rn T**; by “1” P *, r ! ie> . Mto .nj . fooepirecy to eteal mooey is oot » ooneol whom tbo obtrgo Is preferrei, inch erldenne is eof- ncy to ete.l ctaeke It Is not, therefore. .dmtaiM. flelent for them to found » Mil npon, trat it does not to eho- Ike comlioetion. The edrairßlbilrtr of evl [ follow tint the Commonwealth ie boond to produce all deneo ie determined npon ite tondenv to Bfove o lum ber evidence upon .very preliminary etate or the oeae. b u.tion to do Hi, art charged whiih 1« the abetin It -“ pot tor that pnrp- ao that ronr Honor directed ton of money. I know orno ilfferenoe in thiarnla p.iticnlare ahould he rurnished In the inyestigat'on of or law as applied to ihie oaee.l Buhmltthatlhleteslt? ' ftcateltke this. I kn«w very well that pertinent eviden e menv oughtn't to be aimitted : would aria, which it was lO perceive until Jndge Tnmnpeon. I rdmitltrnon different ground nTn? i? ro s;‘" , „ 1 “' 1 Us “ a : d ‘ ’? the ‘ rla ?‘ yoor fo the 11,at place. Hie sta'ed part iee^wera 2 lr made With, the pur- (osepiring together, became they wore lo t to.itioh to pees or excluding legitimate evidence, but for commit certain acta. One wa» .nreaident of the hank the purpeee of giving tbo defendants some notice tbs other ear appointed temporarily; end It is a onea- ‘ by which hey could he prepared to anawer wkatap. tloi for the jnrywhether it wwdeafgiedir aomXtd piarel to bri a general cliarga. A general charge of to nr.et a orimlnal pnrpow Itwoirald bytheoonnael r ( “ ncla ° f lh ? in . '5 U tor the defendant, brlngthoaepa ties t«etfS epeciSo method; No, nr, but a general charge to ds- snow that they were ever seen together. Now. the fraud thie bank. I can Imagine a bill of Indictment in qoeation ie, ahall evidence, which gnea to show that : ?.???,„ ‘'’n 9 orM l ore »M.together,ln A'leie p.rl/Mwere togettierat the bank,at an bonrbe order to eona! tots the nirance, where the defendant! fore the bank waa opened, doing re matter whati are charged with riot ona parti™ ar day, that the Oom- In regard to a check, o? a wte, or to aSthlng «l«~ f.°r D ™ tlf? « S d“ e r r r b !H , t 0 b t ’‘t! W f * “ M> ,hat edmitted la evidence to prove ooobtoa- I ™w.e“i". Jl “Vi.?" I°* “, 9a ** ut toay Hotoosy ton between three gentleirenator about that time ? I commingled lu a vertaio plao* in the cauaty to erdatu tbluk it is evidence as to Hut fact , avmt. Itis ajoint act, in which the Commonwealth, The wltiess then refumi upon a b.H of indJOtmeM, prefers a charge, in Just ss This w*s about foar nr five days before'the euspenßion general terms, and more so, in every ro«pect, than oftliebank; about eight o’elci ia the moraine? 9 Mr. . a PWt-cnlar framed under the flrth coout of this iiewball was In the passageway gbiog into ; fadictraeut. I have never heard of »ts being enforced in thsy took acheck ef Mr Drtx/l’s from the Girard Bank such ® ease u tbjt. which is analogous to this I Wk; Mr Na*b*ll was wffhbliTMrAll\”bi“k ‘ mod t>o fault with the order, although I nerar knew the check; took tbe eb ß<J kr from me and desired of such an order being made in a criminal esse: al- me to altortbeUHe, and toHtov tbe sUieraentc-f the °J? et ° f V 6"?,” 1 - c , har^ ter n WBB . *" bank; they took the «b-ck from the Girard Bank book:. the case of Kiog vs. Hamiltoo, In 7th Carrington & the book was on the table: the receiving teller came Payne I have given the particular charge with more iuabmt half ad hourafterWl told hlmofit, and he - particular specification, with more perhapa t than knew it as well *a f; t saw Newhall come luto thecas- I could be eorpeUed to do,_ I was. porbtpr,,cree-v e-ee way, and theo go into Mr. AUfbone’s roomfwijen owtioue in that; but let us now see whether! am en- A!Jjbonsgot the check, he weatinto his room whe-a trely conflned tothat which X have alrddf advaucpd Mr. NewhftUwasJ this was about two hour# before ha-' What was tbe object? To constitute part of this hill *i n <satim*. ».uvuMwoHvu»Bßiowu tt , of indictment? No, air. The bill of Indlotment !g To Mr. Brewster. I was assistant, meivirg teller r.- complete; the demurrer to that countof thoindibt* the wefcivieg teller cams in about baif,ao hour after'' ment was overruled; it is entire, perfect, and complete, the check .waa taken; this transaction took place at A conviction upon that countof the indictment would my desk; Mr. AHtboae cam* and told me to take . baagoodconvictiou. Then, the object oftbatparticilar the check out: out of the Girard Bank book; ho which your Honor directed should be furnished w*s told me it was Drexel’a check; IbU waa before he simp yto aupplyjtbe defendantswith additional means of looked at it; 1 d»’t remember-the date of-the aaeartafniog the nature of tbe change, more speclßcsil y check; it was received on deposit the day. previous : wo than was stated in the b 11, that they might be the bet- male our exchanges from eiaht to* hair p»»t--ei«bt terSpreparod to answer in their defence. Now, sir, in ©very morning; I never thought the transaction would the midst of this cauie. au unfortunate occur e;ce took c owe to my afud tgtlo* I thought nothin* of u' f place; aiaror wm unfortunately severely ill. and we at tbe time; the way I knew of it waa some weie obliged to have an Intß y goum for a week; latte body sent to see about it; Ido not remember! had cousse of that time, important information comes to my mentioned the fact to anybody: I don’t remember knowledge, of which I give them instant notice the there was anybody present at mV desk At thutJme it - moment It Xs broached to me, and whereby they have, occurred; 1 esnnotaccount for Mr/ Ldnghead’s kipow- r four or five days to prepare their answerbefore tbecbnrt tog it; Mr. Mfcienerwaa the receiyfne toiler* Ttold - mpetfl again. They nre informed of the fict* upecifically; D ah«dy but him that I remember: 1 made »o entry of itisiu their power to adduce codflleiiog evidence; they this transition, oectsion : the receiving do not say they have been deprived of evidence, or that teller made an entry and gtve the first teller rrsdit such.evince le now away; they offer no such state- for $10,000; it made the receiving toller owe tboptr in°nt, svern tobeforethecourt,insnswertothatwhich In? teller 910,000; this eot*y waa made on a piece of I propose to prove paper kept between the tellers; thto iccooot was-not Have they not bad sufficteat notice? 'ls thore such a made in any other book; he tquared his aecouut at the' Jiure technicality in the rule govcrning.tbia and nimi- endtof the day with the president and the paying" ar cases that such facts as I propose to show shoald be teller; ft was settled, but how I don’t know; the ao furnisbed before the plea is entered? I think not, may count of the first teller ought to show it; X am itpl'gse the Court There was no such ruling in the quite sure thie w&s before the suspension s- it case from which this order was taken. The defendants waa before Mr. Allibone had gone home sick* Mr h«re did plead, and the court ordered that the tri»l Ailtbooe was sick before tho saspearion and cam* should not proceed until a particular was furnished, back again; I think it waa not the day of soscension : .and not that th«y should not be called upon to plead; (l call this book the stole of tfio bank Ath e book wia pleaded, and all the object of the order of the the record of tbe second teller, m«d« day hr day ; oourtin this notice was almplyto give the defendants these figures are Mr Bray’s; Jsm positive the amount more minute particulars, ’hat they might be tho bettor of the eheck waa 910.000, and that it-was on the Gl pre pared to make their defence. And will the court rard Bank; I don’t know that this cheek would be re tfiy tost where such notice in given, whdre severAldaya corded on the books of the bank: I don’t know who have elapsed, without any allegation, under oath, that got the Girard Bank cheek? from Mr; AUJbone:-Mr.. taey have been deprived of witnesses, when they coyld Micbeneris tbessmewho was examined last week • ! have subpteoaed them here by th f * time, or can do so hive no recollection of Mr QaickssU’g check ba be ore the Cbmmonweajih’s case is dosed; will this iu? given iu exchange for tbe Girard Bank check l court say that bo rigid an order is toprevail? Will the I don’t remember saefng Mr Quicksall’s eheck in ihe court exe'uda sooh important testimony as {am about hank m the substitute for tbe 9?o 000 * I never asked to adduce? I trust not I trust that the court will Mr. Allibone for thecheckagalo, nor did Mr. Michsoer. ’ ray that ©ttbough this waa ao extraordinary pracUrain to my knowledge: no one demanded the check from our Commonwealth, that H was intended, not aa a trap Mr. Allibone. to my knowledge i don’t remember W 0. for the OommooweaUh’s officer, not aa a restraint, but Morgan’# check being given for it by Mr Ga r cksall * t Ihat it was intended simply as ao additional 9 notice to dare nay it was settled in some w,r; Mr. Mieheorr these defendants. If they have received notiee of any. looked ont fpr that; I don’t remembir that Mr AUto facts.itoadefencetowhichintheeiDploymeutofpropee bone stated that William 0 Morgan desired to geth J s ' d.llgence they con’d not propara themielves toandeer: check cashed; on tbo book it shows ssutotKatioaoTh ia thatc»se, theoouyt will receive th-fr evidence; but Rank checkfor a Girard Bank chbttto here I* a speclfle-fact—all tbe witnesses here; and J tbeamouatof 910,000; thia entry appears to be: offer now to give a particular toauqiotloQ ia-evideco), on September 24; we ddd not g'a to exchange ' having informed my l»arnedfrt»sd« cm the other aid* in* of tbe day tbe bask impended ; we took no checks oCmy IntentioD tudo float the earliest possible mo- to the Girard. Back on that day-; from that record I sea meut after the information was brought to my knew- there hi* been a substitution of a Pennsylvania Sunk . ... j oh*ck for a Girard Bank eheck to the amount of MQ.OOO i ' Me. WbarloQ May it please your Honor, the Bia- Mr. Allibone was always at the bank early, he waa triflt Attorney seems to thinks that if a bill of indiet- aometimes Very early. ment cau be found by tfc <? Grand Jary sgalost a party, It being now 4 o’clock, the ass* was adjoarstd till so aud that bit! an order or the court be madO that o’clock this morning. d.nJ"hU P 3S*th. b ?eui»r X n f«to£»: S'* PKm-m* Jnetice Lowrie.—Dt fted to the opposite party, and upon these alleged new ®*, e# ** *" e „ p nse AT t«« Slate Cana lj.—ftu xaotion ot facts, entirely difft'reot from and at variance to tbe Giurlea Gibbons, JB»q , the following decree w» en statemenf of facfs'furotehed or/g/oally, suck party c*n o* the Snnbniy and Brie Railroad he tried thereupon. If this be the law, 00 wan is safe. Company** Cooper* ..' • What is the object of the bill or particulars ?• It is ,_* nd n °w, to wit; the 33th day of December, 3853. certainly tp notify the defendant of tbe clrcum- this cause having been heard upon hill and answer, and etsoeeg or particular' offences upon which he Is *ue counacl of the parttoß having argued the s ame. and to be. tried, and particularly in a case whore the **e same having been duly considered by the court, it fodictmeut Xs a general one, it Xs Xmuortant to adhere /sowered, declared, an I decreed that the antofiue to this view of a bIH of particulars. Vuar Hopor re- io the R\id bin mentioned, entitled “An act for collects well that this last count, wnlchwaa a very too jaie of the State Qauals,” approved the S’at of general couQt.wa* domafted to, and jour Honor over- biP* #»» 8 , a *°d conatitutlonaj i^wo/tbe ruled the detnnrrer by makfng a eotomporaneous order ,n *' ®nnsylvan!*, and that the Delaware Division tVhttuveouTesnfilcleut uoViee to these. dVendaato of leana’UompiDy ot Pennsylvania hive ac,\uirel* lawful fie facts and olrcum*t*uces for which they were iu* title to toe caoal and property to them conveyed by tho dlotod under tha framing ofthe fifth count, that a Bfobury end Brie Ballroad Company, and tbat the booda more di Quite bill of parttoulars should be served, or o' tne saiu The Delaware Division Canal Company, in otherwise they would not oome to the trial under tt&t , , , arß valid, aud are secured by a count at all. Suppose the District Attorney h*l do* | a yto»todrtg«ge of the aaid canal, and which clined to serve any bill of particulars, would not you* ” tbeurat existing lion thereon. Honor have overruled the general count, aud sustained Ana it is further decreed pod declared Xhat Ihe #afd the demurrer'’ The d*»um«*?w&snDt auatatoed, and Cooper, tho defendant, do specifically perform, the court lm*d* an ord**that, a* a *utstUuto for the tHo agreement entered into with the said complainant of the count, notice sboud be served or the In V‘f SAIl ‘ °j u I «ent;onea, *nd do receive thesaid bonds, Tacts uofi aircuoistaucea upon which the*® defoudtvnto a °!r. <3 ? P a y,th® complainant therefor as thereby agreed, were to be toiod under that oount. f ltb »»»&•«* from the lime when the same oufhtio Mr. Loughead. Ido not undeistonl it so, hut that l And inasmuch aa, before the filing of the court would not permit the defendant* to be tried toe said bill, tea of the said bonds therein mentioned on th *t fifth count unlefiseomo faotemore definite wore ba * **:/ l )* e complainant.teadered to the defendant, stated under tb*t filth count or the indictment. according to the terms of the said agreement, it is fur .v. wx»- . - . .. .. . ... tbftr decreed and declared that the said defendant, on A|r WhArtoa. lam so stating If the DUt let Attor- the doUrery of the said lea bonds to him. do p*.y to tbe re ( l, ! e< J to urn . lBh of ° eouiplalnant tbe sum or eight thousand five hundred we be now tried under the fifth count? XwW? wfi-. OolHrs, with intercut from tbe 25th September, 1858, Tfaoa, sir, ho furnishes his b i ll, c»n hekeep itto Qn ii *uoh payment ba made; and that tbe complain* the esr In that way and break it ,to the hope, and com* flDt hare leave to apply, from t’ma to time, for each p l u#to goto trial upon new toeta. it not been othe- order and decree, iu rearect to the residue ofthe lor the accidental iltnesa or one of the jurors, the bomb, as they roar be case might have, been conu uded ; and tt the D.s- Andit ia farther ordered that the said defendant pay trict At'oruey considers that ho lim found a marts’* *h ß cvvato of this cave v 3 nORt to-day, what is to prevent bis pultiog ua upon the .. doteuce of otbei new matters of which we h*’ 6 ® never « T m r before heard, if additional fapt®, which he may con- \j |BV {jjdsr irpnorjaiit, ooice tri hij know ledge to-morrow ’ If he pan ao it in ooe casp, be cao do It In the other, of trial is notice preliminary to tbo jury Mag aworn, ao that the party may know* before tne J ur y go into the box, what ho liaa td meet In the allegitions of tftQ Commonwealth. Tho matter which la sought to Ik? preseot' , d nuiyb* perfectly harm's##, aod we may explain the whole thing Bftti>faoiorily, but it is in 1 regard to tbe priocip'o to which I now address my« [ e%U, aud I have uavat bnovu a case h»{o*o %ho a tho proaecutlug attorney, having filed bis bl : l of par- und»rahicb hp omnineneed trl>) t that he could ccmpe} a Jetendaut or defendant# to answer to fitb*ir c.hargoa than thoie con’ainnl in the original bii). Iffluch a principle be establish®*, no man can pr< pAre himself for tnal in ft r w uotlcp Circumatanrei requiring explanation ra*y develop them# Ives In tho prOgrean of a trial like this, bnt it does not follow that party defendant shall be called upon to answer to these now facts There is nothing to precept ft new trial be ing bad on a oow ch rge luvolvln* the.ia cirenmstau-. coi; but it dove appear that iustioo as it is adminis tered by th h tribunal, will not permit matters lrrole- ITEMS* Preparing for oar lady readers, in view of the approaching holidays, we hara a word of coiios&V— vi*: ihat, as a. present 'or a geniJe ruan. the most appropriate article we know of is a handsome dressing gown, such, for example, sswebsd recently the plea4"re of examining at Messrs. Ji. C. Walboro dr Co ’a(now) Nos 6 nod 7 North Sixth street. There, ladies, you have our table, and we shall not he -surprised to flod our sanctum (übout the 25th of this month) literally inundated With wrappers ! Caiuskt IV are.— ' We would call tho attention of the comuuiDily’in general, and person* in want of cabinet ware in particular, to the extensive manufac turing establishment of Messrs lfo<u*t & Hutton, No. 260 South Third street The*e gentlemen. have uovr in operation one of the most'complete manofactorlrs of this claw of wen !n this city. Their more special facilities, however, are for raanofactufiag nssss,* for these articles their depot is Bald to be the largest in the Union Their orders for office, bank, and school farn'tuie, b'ok-cases, wardrobes, ,Vc., are heavy, and 1 daily increasing. They ara also iho manufacturers io tfcla city of A It Adunft’ celebrated Improved d*sb reek Wjiat 13 the Fashion?—Tho votaries of the fickle Goddess cad read ly ascertain the correct solu tion to the abr.ve qn«ry. by dropptug Id at the Fash ionable O’otbing Basiar of G*Asvii.Lii Storks, No, 607 Chef-tout street. His stock of readymade Clothing ounprlnes ©veryth'ng attractive and snpenor, and em braces the last RugDsh, Branch, aad AmTlcan modes. IVdit lVfrn Mexico —The Spanish Minister has notified the Arnaiictn Government that bpaln has de clared war against Mexico.' Tlis effect of this move meut will be to advance tho pries of Spanish hides and Havana cigars We are asFurffi by the nKst reliable authority, that the war will make uo difference what ever fn the quality or the jrice of the splendid gar ments for adult* end youths uude at the Brown Stc.no Clothing Ha’l ofßooKtuLi. Sc Wilson, Nos. 603 and 005 Chestnut street above .^ixlh. Timely Advice. —Man begins to die nt tho ex tremities Keep the f*et dry and warm; put on two purs of ihifk wrolleu stockings ; g<» for a ofout pair of winter bools and shoes j Shots «.re better for ordinary, orery day use, as they allow the ready vsoipe of the odors white they stye* gthen the ankles by accustoming them to depend on themselves. Wearwoolleu next tho skin, Bnl above all, and o>er all, procure a substantial wintersultat E. H. Bldmpcs’b “Old Franklin Hall Clothing Emporium, n No. 221 Chestnut street. TV* prat? alfcofiou to the twenty-third an nlv rsa-y or the Horn* Missionary Society, wblc h wHI b« betd to-night *t Musical Fund Ball, commencing at To’coek. Tbe Breakers are Rev. Dr Leyburu, Bev. Kingston Goddard* nod Ray. Mr. Taylo-. Tt'wlll be nee faaty to be provided with tteketa In order to obtain admi*«!on, and ire have no doubt the meeting wi 11 be invested with ft great degree of futerest. Rev. D. B. Gurney.—This gentleman,* who has for many years occupied one or our important city pulpits, returned in the wfceia from an extended Furo peanisit. Mr. Cheneycorao* hack to his pattoral du ties greatly invigorated in health. MnvKets toy Telegraph* CijtCiNSATi.December 13.—Flour firm; Whiskey has advanced to 23c 5 Hoge are dull and prices Irregular, holders auk $d 40a>6 60, and buyers offer $6.25 for loti averaging 260 lbs The receipts to-daybavebeeul3 } - CCO hf’ga. Mobs Pork is freely offered at $l7, a large quantity la in market for future delivery without meet ing buyers; Lard has declined #c: sales at The weather fa favorable for slaughtering. Marine intelligence. Dosvas, December 13.—The bark. Maria Semes,, from Ualcutta, arrived at Salem this morninr. The barks Eea Mew and May Queen, from the coast of Africa, arrived at this port this morning. The United States Senate yesterday adopted the list ot committees as previously arranged, and the removal of Douglas from UlO Committee -on Torritcries'consummated. Tit the House the rou eideraUon of the Judge Watroua Impeachment case was twinned.
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