PUBLIMD DAILY, 'BY
PENNISIA.N, REED it M., Proprietors.
P. B. PENNIMAN, . iZOSIAiI. KING,
T. P. 110013 TON, ' Y. P. DEED.
Editors and Managers.
OFFICE:
GAZETTE BUILDING. NOS. 84 AND 86 FIFTH ST
OFFICIAL PAPER
Of Pittsbungh, AUegheny and Allegheny
County. •
1
ha
-ty." Berri -weekty.' Weekly. '
Otte year. - " ..a.oti One year. 50.50 Single c0py.,...41.50
One mond. 75 Six. 'nos.. 1.SO• 5 conks, eseh. 1.25
Bghe week; 15 Three mos 75:10 ". " 1.15
ID carrier.) . and one to Agent.
TUESDAY, APRIL 21, 1668
Tan WEEKLT GAZETTE, 1811yeci on Wed_
nesdays and Saturdays, is the beat and cheap
'est family newspaper in Pennsylvania. It
presents each week forty-eight columns of
Solid reading matter. It gives the fullest as
well as the most reliable market reports of any
paper in the State. Its files are used exclu
sively by the Civil Courts of Allegheny county
for reerence in important issues to determine
the ruling ; pr in the markets at the time of
the business transaction in dispute. Terms:
Single copy, one year, $1.50 ; in clubs office,
, $1,25; in clubs of ten, $1,15, and one free
to the getter up of the club. Specimen copies
UM free to
,any addrem
WE PRINT on the inside pages of this
morning's alarm : Second page—Poetry,
Miscellaneous News, Third page—Finan
cial Matters in New York, :River News,
Markets by Tekgraph, Imports. Sizthpage—
;Mance and Trade, Home 3farkets. Seventh
page—Local Intelligence, the Courts, Con.
densed News. New Publications, 6.c.
GOLD cloged in New. York on Saturday
at 138@1381, an advance.
IMPEACHMENT
The evidence on either side is all in and
the arguments will be commenced "by Mr.
BOtITWELL on Wednesday. Two counsel
are to be heard on each side, and each of the
four will occupy at least a day. The end is
now not far off. '
Louisa .A.NA joins Arkansas and South
Carolina in accepting Reconstruction, her
election having resulted in the adoption of
the new Constitution and the choice of, a
State Government and of Representatives
in Congress.
As OCEAN race was commenced on Satur
day, from New York to Liverpool. thecon
testing vessels being the City of Paris and
the. Cuba. The first, it Will be remembered,
has made in eight days and twenty-two and
a half hours the quickest
~ Western voyage
ever run.
AT a meeting of fruit growers of the
neighborhood .at Cincinnati, on Saturday,
the opinion was generally concurred in that
the fruit was not largely damaged by the
late cold weather, and that, at the present ,
time, the prospect is favorable for a fair crop
of all kinds. The Delaware journals; on
the other hand, say that the peach croli in
that State has been very seriously injured by
the snow and frosts.
FEMALE SUFFRAGE was practically ex
emplified at the village of Sturgis, in Michi
gan, when the new Constitution of the
State was submitted to the people last week.
The women of the village assembled in
,the
afternoon, were duly marshalled to the vot
ing place and deposited their ballots, one
hundrdd and fourteen voting for prohibi
tion and only six against it. The proceed
ings were orderly, and as a proof of their
sympathy for woman's rights, three hearty
cheers for the new votes were
.. given by the
crowd of men who looked on. - •
Tax - Aomori of the Common Pleas
Judges at PLiladelphia, in throwing out but
a part of the fraudulent election returns of
that county, and though these same frauds
'were as clearly proved against certain di
visions which were retained as againt those
rejected, is very plainly condemned by the
Republican journals of that city. Their
criticisms are not the less pointed in view
of the fact that the Judges are all members
of the Republican party. The effect of
their decision upon the purity of future
elections is justly deplored as an encour
agement of fraud by ensuring even security
to its perpetrators.. ,
A RAILMOr connection of great impor
tance to Pittsburgh is proposed through a
central tier of counties in Ohio. Branching
from the "Pan Handle" road at Coshocton,
the new route would diverge by way of Mt.
Vernon, Mt. Gilead to Marion, meeting
there With the Bellefontaine and Indianapo
lis road. route, for which it is stated
in the local journals that the Pennsylvania
Central Company have offered to provide
"the rails and equipments, woUld ,give to the
latter company, it is claimed, a route very
nears air-line from Philadelphia to Chica
go. It is also announced in the Zanesville
papers that • the Pennsylvania Central has
offered to iron find equip the projected
branch of sixteen miles from Dresden to that
thriving town. •
- ,
Tsz COMMISSIONER •OF AGRICULTURE
maintains that American cotton will ulti
mately regain its supremacy in the markets
of the world. Notwithstanding our dimin
ished production'and the marked efforts of
British statesmen to direct the preferences.
ofconsumers toward their own Eastern
possessions, the purchases of the Amerlean
staple last year exhibited an increase over
the previous season, , ,,nd once more exceed.
ed the consumption of the Bast Indi a pro
duct. The Commissioner remarks that
"when reconstrrictiorihai been effected, and
Peace and tranquility restored in the South.
ern States, s9,44keffitaw.ill4/o.w. thUh
the y will q ui ckly'shOw • tiOK:S I 44 . tY to eon
'trol the cotton 'market of:the,Worido asgleY.
Live in thepiewiS . ... 2 tily f
Mid
•1!
•3
~Qf
The British government, has forced upon
it the solution of a problem, in respect to the
Population of Ireland, well calculated inits
inherent and absolute conditions to perplex
the maturest wisdom and to baffle the prri
foundest discretion. If this problem Vas
the product, solely of mainly, of existing
evils, or of complications reaching back
not beyond the memories of the generatiOn
now on the stage of life, or if it concerned
only economic difficulties, or questions of
race, or of religion, or of modes of admin
istration, the treatment of -it would be com
paratively simple and the remedy relatively
easy. But the problem involves-elements
from all these sources, and from more; arid
all these difficulties are aggravated by being
traditional rather than immediate—by hav
ing descended from father -to son, for the
space of two hundred years and bettey,
with fresh exasperations frequently inter
jected. In this way, if in no other, "the
evil that men do lives after them," entailing
dire mischiefs upon their posterity. ' The
people of the United States have been imitat
ing this experiment in their treatment, of the
blacks, and even the sore evils resulting
therefrom, and which have shaken the, re
public to 16 foundations, have not cured a
large part of them of the wretched infatua
tion.
When the discontented people of Ireland
are interrogated as to the nature, extent and
cure of the grievances of which they com
plain, wide diversities- of conception and
feeling are disclosed. Some point to exist
ing inequalities or hardships, and insist that
they shall be redressed. Others demand a
separate and indigenous legislation ow all
local topics. But by far the larger portion
insist on a total and irrevocable repeal of all
political connection between England and
Ireland. These latter would gladly accept
much greater infelicities at the. hands of a
government of their own choosing, than
those they now endure O and
; which fill them
with the intensest indignation. It cannot
escape observation that among the malcon
tents, the latter number steadily increases,
both absolutely and relatively. The de
mand grows louder—not for: amelioration
and reform, but for Irish independence. ,
That the Irish, in times pest, suffered
tolerable injuries from the more powerful
English, is not only manifest in history and
the statute books, but is conceded by all class
es emong the English themselves—from the
provincial newspaper up to the stately quar
terly; from the parish magistrate or clergy
man up to the lOrds spiritual or temporal.
True, many of these injuries have been re
dressed, so far as that can be done by statu
tory modification or obliteration; but this
has been so done as to leave a sting behind
' that excites even to Madness.
Nor can it be doubted but a disposition is.
rapidly growing up to remove all the
remaining evils of which,, upon fair
grounds, complaint- is 'or can be made.
Somewhat of this disposition may be attri
buted, not without - occasion, to that spirit of
discretion which prompts even the strong-to
forego a part of their will rather than incur
a risk of having to abate the whole; but, af
ter all reasonable allowances on this score,
much and by far the larger proportion of
this improved disposition must be berried to
the account of those juster sentiments and
that more refined and equable ! temper which
are the ripe product of modbrn discussion
upon the nature and inalienability of human
rights. While the English people have ad
vimced to clearer ideas of their own individ
ual and collective prerogatives and immu
nities, they have learned that the people of
the neighboring island are entitled to be no
less free in the exercise of all the essential
elements of manhood than themselves. This
general movement is semi with peculiar dis
tinctness if a single department of inquiry is
passed under review. Take the maintenance
of the national church establishment, as an
illustration. While the discussion as to the
-rightfulness and expediency of this estab
lishment was conducted with special refer
ence to its bearings upon the adherents of
other communions in England, and upon
the English public as a body poli
itic, it was inevitable, from the very na
ture of the case, that the invincible logic by
which it was condemned in one part of the
empire should secure its destruction in all
other parts. That it is a grievance of seri
ous magnitude, no unprejudiced person,
who has examined into the facts, will gain
say. Very probably the Protestants of Ire
land—and even those who are in the tanks
of dissenters—prefer the retention of the
Establishment to the admission of, the Cath
olics to a parity of rights and privileges; but
that elucidates how superior is the generic and
; traditional animosity between Catholic and
Protestant, and the - incidental and partial
alienation between one Protestant sect and
another.
From all these considerations, and many
more of cognate diameter, which we have
not space to adduce, it is plain that there can
be no 'reconciliation between England and;
Ireland. Instead of the hostility lessening
with the diminution . 4 causes - of estrange
ment, it actually increases in violence. What ,
is lacking in present :grievances endured by
the Irish people, is made - up by gloomy med
itations upon past and spent inflictions, and
the morbid hatred grows more virulent as
the provocations to it recede into
the
misty reahris of antiquity. All the old pe
-nal laws against Catholicism have been re
pealed, and Catholics have experienced po
litiad emancipation, and are placed on per
fect civic, political and social equality with
Protestants. With the population depleted
by reason of constrained or voluntary emi
gration, the condition of those who remain
is greatly improved, beyond all former pre
cedent. Only the religion, or- the minority
is maintained as the religion of the State,
Yet the disposition to conspiracies is more
prevalent than ever befom and thernea N , of
offence resorted to shim an' hicalctdable
.
depth of hatred. Irelanif disliktm Engbuid
more supremely, the:more England endea
vim to be just and to ittoneforpast injuries.
:This. condition of opinion and feeling
would 4 hoPeful for Ireland if It was unan
moat.. The very unrwoMAdelp*li! thorepf
1114 *Iii : haPart to itAtiaitlito tending POwer
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ELI
IN
PITTSBURGH GjA,ZWTT.E APRIL . 24, ,186 b
4trai rtikriumphantresulti4) - roviderit
shared in by the whole 'peoplt:.l3.lofortu
-nately for those Irishmen who aim at sever-
Sine from England, the measure' they seek,
if consummated, would not bring , the diffi
culties of their perturbed country to a peace
ful close; but would inaugurate a fresh
series of disturbances, more'fierce and im
_ .
placable than those which now prevail.
There would ensue a struggle between Cath
olicism and Orangeism that would Sll the
island with the most apPalling horrors.
Ulster contains a fourth of the whole popu
lation, and, reinforced by ihe Protestants
living in other districts, with their larger
intelligence and wealth, wd make at
least a formidable, and it maybe, successful
stand. Such a contest, howeVer abhorrent
to the better impulses of the,age, would -be
certain to follow, notwithstimding all the
fervid declamations to which thti`world has
listened as to the universality and potency
of Irish patriotism. Far be it from us to
question the strength of patriotism as a pro
pelling force in political sobriety. In our '
own land the strength of this sentiment has
received recently sublime exemplifications:
A million of men joyfully consigned
tinthem
selves to the arms of death t the nation
might live. But, it must not\
be forgotten
That while the sentiment of patriotism is one
and the same, the mainfedationi of it are
mtiltiform - as human oppugnanees. So
many other sentiments, passions and preju
dices mingle with it, modifying its charac
ter and vitiating its action, that it frequently
becomes hard to distinguish patriotism from
its auxiliaries and concomitants. Doubtless
the Catholic Irish are loyal to their native
land. In all climes, and under the most
adverse circumstances, they have evinced a
depth of devotion
,to the "Green Island"
which stands among the most touching in
national experiences. Bin, it would be ab
surd- seriously to. allege that the Catholic '
Irish are not equally patriotic. It may be
affirmed—nay, it must be conceded—that
neither of these types of, patriotism are un
alloyed. ' Religious partizanship mingles its
material with the other elements, and main
tains that supremacy which it asserts else
where the world over.
It is manifest, therefore, that the outlook
for Ireland and the Irish is not encourag
ing, either from the national or the humani
tarian stand-point. v
DEMOCRACY - IN BRAZIL
The New York World has a correspon
dent of more than ordinary literary culture,
who is writing a series of descriptive letters
under the caption of "Tropical Tntvels."
In the sixth of this series, occurs this
1 - paragraph :
Forty or fifty students of the law school
of Pernambuco come on board. Tawny
youth, long haired, well clad, brisk, vivaci
ous, and of intelligent aspect. Like all the
better class of torrid persons they are par
ticularly well booted. High temperatures
appear not only to develop° slender feet
but to kindle in their possessors the desire
to exhibit them to the best advantage. The
gaiters of a member of the Alpine Club,
the morning shoes of a walking member
of Christ or Trinity would throw either of
these lithe young jurists into spasms of
syncope. They are a well bred and deco
rous assemblage of youth, and they evince
none of the boisterous and bibulous ten
dencies characteristic of American or-Brit
ish students out for a holiday. Temporary
escape from the tyranny of professors or of
proctors, the growls of deans, jibes of dons,
incite the Saxon • faculties to juleps and
riot; the less vehement southern mind is
moved thereby only in the sedate difection
of cigarettes and repose. I observe among
these students several of unmistakable
African descent. Such lineage is in Brazil
no impediment either in social or educa
tional respects. A youth with torrents of
Nubian blood coursing up and down Ids
arteries may become magistrate or chancel
lor, ambassador or minister of-state.
The government of Brazil is an imperial
monarchy, and, hence, must be rated as
specially favorable to class distinctions. Yet
the distinction of color, taking the testimony
of all authorities, is not recognized in that
country. Are the lowa of nature the same
there as elsewhere ? or, did the Creator, for
the sake of variety, establish one set of nat.
ural laws for that country, and a totally dif
ferent set for the United States ? CALVIN,
in the only thoroughly intellectual and logi
cal scheme of Christian theology of which
we know much, affirms,
, not only that the
world is governed by fixed and immutable
laws, bat that these laws are always, and
everywhere the same. Philosophers and
naturalists persist in taking the same view,'
claiming that they do not find Nature, 'at
any points, running off into deviations in
explicable and contradictory.
In this country the Democrats allege that
Nature has established and maintains an in
vincible oppugnation between the white and
black races ; that this oppugnation does not
arise out of diversities of character or con
dition, but solely out of difference in the hue
of the skin; and that the direst of all ca
lamities certainly -- follow; wherever and
, whenever this oppugnation ceases to oper;
I ate. Practically, we find here that a strong
afitipatby exists between the blacks and
hites ; or, at least, that the whites feel they
are immeasurably superior ( to the blacks,
and look down upon themwith contempt.
Does this result from ; nature or from a,habit ?
If from nature, we cannot help thinking the
same phenomena ought to be observable in
all places; while if from habit it is easily
seen how and why prejudices and customs
vary in different places.
It is easy to see, in the popular concep
tion, that a moral law, which is 9 rule of
conduct, may be broken or violated. It is
hard to comprehend how a natural law,
which regulates and controls physical ob
jects, can be either broken or - deflected,
Whoever should seriously attempt, for in- t
stance, to break the law of gravitation,t
would quickly find he had meditated more-
than he could accomplish. He might be
broken himseff, but the law would unques
tionably remain intact and inviolate.
What natural law there is of any lessinlier-
ent 'strength, we have failed to diseover
It would appear, consequently, that the
Democrats are confused in their notions of
luw,' and stand in need of ‘ rising to higher
and broader views before they will be able
tv whit diet
with
any, certaniv
141 w,
to gene
opernt i/ 411: I? ;lttributea to
l it s littP)° the
Qu
ean Ajrl Y be
in
two country,
nothing. higher inpcinfilic=
,
-e,
part of the blacks have been held for gen
erations past. If we look closely, we find
as absolute distinctions made between the
different classes into which the whites are.
as bitterly divided. Democracy does well
`enough to talk about : to adorn a fourth of
July oration; to enrapture a crowd gathered
around the hustings ; to enable dema
gogues to slip into the places they covet.
But your Democrat, in these days, does not
bell' ye a particle in gerMine democracy—in
that element, whichputs men on a level as to
rig s, and treats them according to their
d... would be heartily ashamed
of imseif if he did.
BRIEF NEWS . ITEMS,
-The Cretan fair in Boston netted fifteen
rusand dollars.
-A. C. Thorp committed suicide at New
, Iferd, Conn., on Sunday night.
-In Benton county, Tennessee, the wheat
uninjured by the frost, but the fruit is
killed.
kLThe Erie Railroad bill, exactly as it
e from the Senate, passed the New yesterday.
ere is a tempertun* society in Etter
-
111., which no one can join who has
een an inveterate toper.
AT. Oliver, of New York, injured in
the kecont accident on the Erie Railway,
died at Port Jervis on Sunday,. .
—E. Cunard denies the statement that
the steamers Cuba and City of Paris are
racing across the Atlantic. No such match
was made.
—The New York Assembly ;has passed
the bill requiring Railways to receive
freight consigned to river craft. It goes to
the Senate.
—Three burglars were discovered in the
Fairhaven National Bank, at New Bedford,
Conn., but they escaped from the window
on one of the clerks entering.
—Lapairre, charged wit c h the murder at
Montreal of Alconta Cosur, has been ac
quitted after four days' trial. The Judge
testified he beloved the prisoner insane.
—The Propeller Lowell, of the Northern
Transportation Company, arrived in De
troit yesterday on the St. Clair River at two
o'clock r. 31., the first boat through the
straits.
_tine
not
Dish trial of Fenian prisoners Desmond,
Eng, O'Keefe Burrett, Orin and Justice,
charged with causing the Clerkenwell ex
-plosion, commenced at London, England,
yesterday.
—Samuel Lawrence, a foundryman in
Troy, N. Y., was assassinated on Satur
day. He Was beaten to death, his skull'
being horribly crushed. No clue to the
murderer.
—The trial of General Cole for the mur
der of of L. H. Thscock, commences to-day
in the Colireet - Oyer and Terminer, at Al
bany,Y.,, 'judge Ingraham, of New
Milt presiding
—Miss Betsey Hart, aged nearly eighty
years, was fatally burned in Rewport,
Rhode Island, Sunday evening, while try
ing to kindle a fire. She had been a school
teacher for half a century.
—The case of Keating, the prize fighter,
came up at Cincinnati, yesterday,/ before
Judge Murdock, and as his detention pre
vented the fight coming off according to
agreement, the Judge reduced the bail to
$2,500, and Keating was released.
—At Springfield, Mass., three fires oc
curred within two hours of each other yes
terday morning, and Henry E. Cobleigh
has been arrested as the incendiary. In a
barn which was destroyed Horace Kim
ball, a negro, was burned to death.
—ln the case of Joseph Bloomgarten
charged with the embezzlement of 112,000
while acting as Assistant Teller in the of
fice of Assistant Treasurer at Louisville,
Judge Blatchford sustained the decision of
the United States Commissioner find the.,
prisoner will be sent to Kentucky for trial,
—The case of Bloingarten, charged with
embezzling *12,000 from the Assistant
Treasurer of the United States at Louis
ville, was before the United States Circuit
Court of.. New York, on Saturday, for re
viewal, on the gound that the evidence be
fore the 4 Conimissioner, under which the
defendant was committed, was insufficient:
After argument the Court stated a decision
would be given on Monday.
—Two more of the bOdies burned in the
disaster on the Erie Road, at Cerris Rock,
have been identified as those of P. Fitzger
-aid and son, of Urbana, Ohio. This leaves
but the remains of one unknown man. In
quiries come for the missing, which, now
that but one body remains, goes to confirm
the impression that a much larger number
than that stated were burned, leaving no
trace. Two boys and three men are inquir
ed for, ofwhich there are no accounts.
—The funeral of Mr. John Decker, burn
ed to death in the recent accident on the
Erie railway, took place at Elmira, N. Y.,
yesterday, and was attended by a large con
course of people. The remains were among
those of which nothing but charred bones
wore found, and four days elapsed before
they were identified. The identification
was finally established by a, trunk key,
breastpin and earrings. S. B. Fairrnan, Sr.,
proprietor of the Elmira Daily Advertiser,
who was among those severely injured, and
whose_life was despaired of, is now slowly
recovering.
City School Superintendent.
At a Convention of ' the School Directors
of the. Consolidated city; held March 2d,
1868, a committee of five, consisting of
Thomas' Ewing, W. A. Tomlinson, J. H..
Walters, J. H. Miller and George H. An
derson, was appointed to prepare a report
defining the duties of the City Superintend
ent,to be presented to the Convention Thurs
day next, to which time it adjourned for
the purpose of receiving the 'report and
electing a City Superintendent. We have
been furnished a copy of the report of the
Committee for, publication, but owing to a
want of space are unable to do„ more than
give a synopsis of it. The report is in sub
stance as follows
The Superintendent, under direction of
the Board of Directors, to havesupervision
over all the schools in the city. It shall be
his duty to ascertain the number of chil
dren of a proper age not attending school
and the cause thereof, and apply the prop
-
•er remedies therefor. He is required to
visit the schools as often as practicable, and
see,that the rules are properly. enforced.
Establish a uniformity in grades, and so
far as possible require a uniformity in the
method- of instruction in the different
schools. He shall keep a record of his ca
-1 cial proceedings, which shall be open to in
spection by the directors; and report in
writing at least once in each school yawls
the several Boards of Directors, and as soon
as practicable after the close of the school
year he shall present to the Central
Board of Education, for publication, a re
port of the progress, condition and pros
wct of each school, and perform such other
duties as may be llpposed upon hint by'the
Central Board of Education.
Accompanying the report are follow
ing resolutions :
Reargved, That the Central Board of Edu
cation and each of the Ward Boards be and
they are hereby respectfully requested to
enact such rules, regulations and by-laws
as may be necessary on the part of each of
said Boards respvely to carryinto effect
the rules and regialatitins adopted by the
Convention for the government of the City
Superintendent.
Resolved, That'the harmony of the Com
mon School System,arfil the educational is
teieste Of the CitY , _. of Pittsburgh.-requlre,
,that all the schools of the cityilincluding the
80004 almold Oh* be JON eit %to
aemortty and Control of the Cityltrerin.
tendint - of Schools. 7 i • •
fit^.;4-1. (rIL
, r .:.,ri
ofocirlifoir-TACK
Court of quarter Seasiono...Hou. F. Carrol
Biewster. Associiite Justice.
To-day we print the official report of the
evidence educed by the Commonwealth in
the O'Connor -Tack case, now on trial in the
Philadelphia Court of Quarter Sessions,
which was taken especially for publication
in this journal, by the sworn Court re
porter. " The reports hitherto furnished
were taken from the columns of Philadel
phia papers and were neither full nor cor
rect, and hence we commence the republi
cation of all the testimony, and invite the
careful perusal of readers who are interest
ed in the proceedings. ,The report is clear,
graphic, interesting and truthful, and gives
full insight into this very important case :
TE.STIMONY.
JAMES O'Corrsult, sworn, and examined
by Mr. Mann.
- Q. Where is your home, Mr. O'Connor?
A. Pittsburgh, Pa.
Q. Where do you reside in Pittsburgh?
A. At No. 299 Penn street.
Q. Are you a housekeeper?
A. Yes, sir.
Q. Have you a wife and children-?
A./ A wife and eight children.
Q. How long have you lived in Pitts
burgh?
A. Z have resided there, sir, since the
year 1849, close upon twenty years.
Q, Do you know these defendants, or any.
of them T Augustus H. Tack—do you know
him?
A. I know him; yes, sir.
Q. Is he in Court ?
A.:Yes sir.
0. Theodore E. Tack—is he present in
Court I
A. Yes, sir, (pointing him' ont,) that is
he.- -
Q. Frank Tack—is he in Court P
A. That is Mr. Frank Tack.
Q. Emil Schalk ?
A. rhave a slight acquaintance with Mr.
Schalk. that is he.
Q. [Ey Mr. Hagert.] What did you say,
Mr. O'Connor?
A. I said I had a slight acqUaintance with
•
Emil Schalk.
Q. John Grierson--is Mr. Grierson in
Court? -
A. I don't know Mr. Grierson personally,
but I, believe that that is he, (pointing to
the person referred to.)
Q. Where did Aug. H. Tack live at the
t i es
tme of the commencement of these diflicul 7
? 1
A. He lived in Philadelphia, sir.
Q. Where did Theedore Tack live?`
A. He resided in Pittsburgh.
Q. Where did Frank lack live ?
A. In Pittsburgh.
Q. Frank and Theodore lived in Pitis
burgh, and Augnstuslived in Philadelphia?
A. Yes, sir.Q. •
Emil Schalk—wits he a resident of
Pittsburgh or Philadelphia?
A. He was at the commencement of this
matter, a resident of Pittsburgh, and since
that time, so far as my knowledge extends,
I believe he is a resident now of Philadel
phia.
Q. Is Grierson a Pittsburgh or a Phila
delphia man? -
A. So far as I am advised he is a ----
Mr. Cassiday (interrupting.) Speak of
your own knowledge.
A. I have already statedr. Cassid, I
have not the pleasure tif his M acquaintan y ce,
but I have, I believe, the receipts here.
Mr. Cassidy. Please to state of your own
knowledge and when you do not know do
not state what others have told you.
Q. Tell us now about where this thing be
gan—the circumstances of getting you to
buy oil ?
A. Well it originated about the 7th of
June ' 1867.
yo u
Q. ? Who first introduced the subject to
A. I came here about the 7th of June,
1867. I had some business with Mr. Cassi
dy which, had been placed In his hande by
Mr. Tack, who had been the agent, of the
Keystone Refinery, of which I was thespe
cial partner. It was a claim of 81,000.
Mr. Cassidy. Do you think that is mate
rial ?
Mr. Mann. We charge that they "went"
for these $l,OOO also. •
Q. [By .Mr. Cassidy.) Is that so, Mr. O'-
Connor?
A. No, sir; that is not so. .
.Q. [By Mr. Mann,] Did you see Augus
tus Tack, or either of the Tacks?
A. Yes, sir.. I went to Mk. Augustus
Tack's office, (thatiwas my buainess,) rmade
an arrangement with him by which I met
him at MrCassidy's office, and from there
I returned . to his office; and it was at that
time that this thing commenced.
Q. Which one was it that you met—. A
ugustus Tack?
A. - Au g ustus Tack. The conversation
regarding this particular matter arose in
this way; Mr. Augustus Tack told me that
oil was falling, and was low in price then
and would be a great deal lower. He told
me that his firm was very largely "short,"
as it is termed, of oil. _
Q. Just tell the jury what is meant by
" , short" in oil?
A. Well, "short" is a term which is used
by oil-brokers and men of that. class to
designate that they have sold or agreed to
deliver .at some future day more oil than
they really have. They are then termed
"short" of oil. The term. "long" on oil, is
where they have bought and obtained con
tracts for more oil than they have sold—
that is, to have a surplus is "long," and to
be "short" is the reverse of a surplus, the
reverse of "long."
Q. And they told you they were "short"
on oil?
A. That is they were "short" sellers of
oil; for instance, the market that day—
Mr. Cassidy. What does the witness
know of the market of his own knowledge?
A. I know; Mr. Tack told me.
Q. What he told you was true?
A. I don't know about that.
Judge Brewster. You say that you knew
what the market price was?
A. I know it from Mr. Tack. He told,
me so. Mr. Tack told me, if I recollect
aright—it was a good while ago—that about
twenty-four cents was the market value
for "spot" oil, that is, real oil deliver
able at the moment. The contract oil
deliverable ahead—the price of that ranged
two or three cents a gallon higher according
to the month and the amounts, and all that
sort 'of thing—probably 26, 27 and 28 cents.-
He told me he was largely "short" of oil,
and was going to go a great deal- further
"short" of oil, and the reason was -
Mr. Cassidy. He stated this? -
A. Yes, sir. He argued all this thing
with me at the time, and explained it.
Mr. Cassidy. I want you to give what he
said, not your inferences fromwhat he said.
A. NO, sir. Iwill give you his exact lan
guage if I can, but it was nme or ten months
ago. V
Mr. Clisaidy, You know what I mean.
State his'language, or the substance.
A. Yes, sir. e said their firth was
largely short of oil and he said the market
was declining and would still Anther de
cline; there was a surplus of oil; the mar
kets in Europe were klutted; that there wag
more oil than there was any special dernand
for at that time. And he said that the
"short" contracts that he was making had
proved profitable up to p thattime, and would
prove much more rofitable as he went
along: and then he told me that on account
of the great friendly feeling up te that m 0..-
ttha !! et n pri ine my tttedg ear e y:es : :4 evhit l ifenbr y t mui gitas e e : ml ; utb. soo lLc h Y : lnli bane t o n h e f a al: that t s t ° h ls .th e Tag ,,ary h eh e lo r u he se :fr becikd aftr o e e i f e li Ta Tilell ' vuo dlh ek kYe :
Brothers had purchased froul Mr. Fie
Ale Ittlyattuiwhidch:Auiregustio:47wed. September
of
t
- r. W. Tack 'woefibs eelles~
(Numbly. 'Yon aientilt e
stating
ZA. Yes, sit-Wetdds,
ud sakl uir,
matewpinnerximoot .
mtikbouto,ooo:- That,ll6oo(Ptitprinitif*:
• ,
.._„„..
2L.._ -
tbe animmt wit."( mlien it was settled for,
would go Wilt. Tack because tliey bad be
come the sells of ~ 2 4 500, . s of
oil in March te Mr. Finney ; i d Mr.
O'Connor. and' lie regretted it • • rticu
larly that he did not want to I make
any money off, us, off me rather. And
then he said thennly way for me to do to
cover -- myselP jgainst this apparent loss,
which was going _to be considerable,, was to
do as he had dont, go "short" on oil, and
as soon as I had returned home for, me to
see Theodore anil he would tell me all
about it, and thoi quicker done the better.
That is what occurred at that interview. '
Q. When you ;vent to Pittsburgh, did
you see Theodora Tack?
A. Yes, sir. I• went immediately home;
I left the succeeding day, or probably the
very day, or within a day or two, and I saw
Theodore Tack, and he and. Mr. Finney and
myself discrissed]this whole matter very
fully, down at Mr. Finney's office, at thp
corner of Mark( 4 and Water streets in
Pittsburgh. -4- •
Q. What did Theodore have to say about
it there?
__;11
A. Well, Theothre corroborated all that
Augustus Tack lad said, and urged very
strongly the stur4hing.
Mr. O'Brien objecte d ,, to the testimony of
conversation between witness and Theodore
Tack, because it occurred beyond the juris
diction of this Court, and because no con
nection had yet been shown between the
defendants. 'L
Objection overruled. ' '
Q. Be good enough to state what was said •
by
rview? Theod oro Tack and yourself at that in
te
A. Well, he said all that Mr. Augustus
Tack had said. i *
Q. By Mr. Cassidy. What did he say?
A. Mr. Cassidy. )1. cannot undertake on
my oath to give the exact language of per
sons some eight orinine months ago. I can
give you the substance of what he said.
Mr. Cassidy. What he said—that is all we
want. 1
A. To the best oi• my reoollection and be
lief he said their c i house was very largely
"short" on oil—that they made money by
it and that theyweri t i f i going on to sell oil large
ly "short," and he, urged me to authorize
him to sell oil, : l i and I did authorize ,
him to sell oit,l and agreed to pay
him his regular commission of 134 per ,
cent. for selling. We spent prob
ably that thy—maybe we discussed it one
hour or one hour and a half—he gave his
views all in detail of this matter, and urged.
me very strongly! to do it, and said he
would be very careful who he sold tcr--
would have nothing but prime parties, and
said the quicker I sold it the better for Me,
because I would mike money by so doing.
And he told the seine thing to Mr. Finney.
And he then and there, particularly during
the course of the conversation, which took
a long time—numerous branches of it=
pledged himself particularly to take care of
my interests, and he also stated to Mr. Fin
ney that he must place implicit confidence
in him, Mr. Finney'being at the time, com
paratively speaki a stranger. He said
that as to me--I k new him so well and so in-:
timately that the remark he made to Mr.
Finney was unnecessary to make to me.
And' did then and t here place implicit con
fidence --- '!1
Mr. Cassidy. Neter mind! Excuse me;
~
we want no remark 4 - ,
hi m
Q. He asked yo to have confidence in
? d •
A, He asked Finney to have. confidence in
-,
him.
,- I
ages Th e truth wok he had your confi
? 11
Objected to, and objection sustained, on
the ground of beingileading..
Q. Did you or dl4 you not have confi
dence in him? -. .
Objected to, and * jection overruled.
A. I had, sir, imp icit confidence in him
at that time. !I
Q. What were the relations existing be
tween you and him at that time?
A. Of the most intimate personal charao
ter at that time; we Were great friend&
you
Q.
could? ‘ Serving each other in every way that
- 7
Objected to.
.`,,
i .1
Q. Were you or Were you not?
Objected to. ObjeOtion sustained. '
Q. How long had these friendly relations
existed between yeti?
A. Well, I think! Mr. Theodore Tack
and I had been very .friendly for probably
a year and a half or two years at that time
—somewhere in that neighborhood. He
was very- often at inY i house. •
Q. Did you make a contract at that time,
or had yea other interviews with Theodore
and Augustus beforeiyou closed and agreed
to sell Oil? 'll ' •
A. Well, at that the e; I was going on to •
asy, he again and again said that if
we placed this matter entirely in his charge
he would take entire control of it, and he
would protect 'Mr. Finney and Mr. O'Con
nor. And the arrangement was then made'
by which ho was authorized to make the --
sales, and he went out that day and made I
a sale of 3,000 barrels! to Mr. Schalk—that
was the origin of it.l The very first con-
tract he made, as he, stated •to me on the .
succeeding day that lie had made it to Mr.
Schalk that day. I
-. Where did you See him the next day?
A. Well, he came to my house if I recol
lect right. He told Me that he, had sold
3,000 barrels to Emil Schalk—that Emil
Schalk was perfectly kood, and that it was
so good a th ing that - he haot, signed and
executed contracts Up Mr. !Schalk, and ,
signed my 'name to them so as to close
them; that he wanted to accept a new
set of contracts in mown own proper name,
which I did. I don't know what he did
! there, but 1 take it for granted that be des- •
,troyed the other ones: j
_Mr. Cassidy-. Don't tell us any thing
that you take forgranted.
A. I don't want to do him any injustice.
Mr. Cassidy. We will take care of that.
We don't want y ou ,_ to do him justice. he
Q. That was t first! contract ?
A. Yes sir. The SecOnd day he sold '
3,000 barrrels more tMr. Schalk—that
made 6,000 barrels:
Q. When did he nest communicate with
ri
youA.? ,
That was on Juni:o2th, he executed
those contracts, and I !think it was about
June 14th next. ' r l • •
Q. Now, who sold these for you ? You
have said Theodore Tac ?
A. Theodore Tack.
Q. Did the firm? '
it
A. The firm of Tack ro..it Co.
,Q. To whom were yeti to pay the com
mission?
A. Tack . Bro. 6i Co. ' . ! _
Q. Who were in thatl m? -
- A. Augustus H. TiackTheodore-E. Tack,
L
and Frank Tack—the fain of Tack Em.
Co. as far as I know. . ' 4 -
1 _
Mr. Cassiday. If you !don't know; don't
say. If you do know, standby it. -• •
A. Well,. I never saW their articles of
partnership. -- ';
Mr. Cassidy. 'N o w •I. !want, to stop this
'gentleman again. If he does not know that
of which he speaks, he'Should not state
Judge Brewster. Mr. (P Connor, you
must
confine, yourself of coarse;' to your personal
knowledge. 1
I
A. Well, I know of Augustus Tack, for
1 he told me he was a partner, and I know‘of
Theodore Tack, because he is the man him
self. Those fwo gentle Men lam positive
about. I have it from themselves.
Q. This house of TackErothers were to
receive the Commissioner? - -
A. Tack, Brother .t.Cotnpany. ,
Q. They were to be paid? -
' A. They were to be P4id one.,and a half
per cent.
Q. They were your birnera?
A. Brokers and agent*, and were to be
ands half per cant. commhadeners .
paid one
on a ll these salee. 11 - •
Q. And what else the y to d . l beeld
sales--in Ilreference to your
, , y o es
raking theaa . ..
interests'? , - - ur
li-They were to protiot l py i te tate.
.They , gave ute:the most VOlLHtive n r "
ldr. Casaigy. : 01 Ve:iiiiihat the Balt
7h A o ,.. w aria ,
,4i ti B . oilliklbeodorOL i - . .-, .. A:ex 7:
the
Oth or: 11th Of ,ftroti;ip ki the- timo of his
jetOiqg tbr PbAside444.44. tho;lgtez '
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