12
CITY AND SUBURBAN.
Daily Prayer Meeting—From 12 M. US
12430 o!cloek at the Booms of the christian
Association, Iq6. 22.rifth street.
' Route for Sale.—A good.ronte, with over "
400 subscribers, in Allegheny City, on this
piper. For particulars - enquire ,at this
office. _
Night Scheel will commence this even
ing at- the Third add Fifth Ward School
House, (leant street. ,
-
Thebrutal arrest of Mrs. Dake was made
the theme of a sermon in one of , our
churches yesterday.
New Roof...Ll:facie Sam is repairing the
roof on the Custom House, a much
improvement we understand. needed
. .
Straws , az.—:•On the Chicago EXprOSS,
due this city at 11:23 o'clock A. 31., Satur
day, a vote was taken, resulting—Grant 57;
Seymour ;29.
Committed.-Justico Arent, on Saturday,
onmmilted to jail Poter Ilenifle, charged
with fornication on oath of. Margaret Thies.
The parties reside in Birmingham.
The qty Reiiublican Executive Commit
tee will meet on next Monday, 14th inst.,
in the Common Council Chamber; at three,
o'clock n. to. A full attendance of the
members is desired.
Assault:--Barbara Zang made informa
tion, on Saturder2i, before Justice Helsel
against bar husband,' Gotleib Zang, for as
sault and •batter 7. Gotleib was- arrested
and in default of *5OO bail committed 'for
trial.
Pardoned.—Frank Wilson, who was com
mitted to
. the Penitentiary about eighteen
months ago, 'for a term of six years, for
robbery, was pardoped by Governor Geary
and released from the institution on -Fri
day afternoon.
Night School.—The old Third ward Night
'School will open in the school house on
Grant street, this evening at 7 o'clock.
Those interested should endeavor to be
present at the appointed time so as to avoid
nture confusion in the arrangements for
the term.
The Second Ward Grant Club is making
'extensive arrangements for the display , on
the 24th bast. Tne Bridgewater Club, num
bering some eight hundred members, are
expected to participate in the Convention
as the guests of this Club. The latter hold
a very important meeting this evening at
headquarters.
False Alarm. - -The alarm from box twen
ty-six, which occurred about five o'clock
yesterday morning, Droved to bs false. The
Fire Department responded promptly, but
being unable to find the fire returned to
their quarters in rather bad humor. If the
'scamp who gave the alarm had_been caught
he would have been severely punished.
Serious. Accident.—lsaac McCallow, an
employe at the Westmoreland Coal Works,
Spring Hill, while riding on a coal train
. lost his balance and was thrown between
the bumpers, receiving very severe and
probably fatal injttries. He was Conveyed
to bis resid enc. and medical aid summoned.
It is feared that he is injured internally.
Ominous Threat.—Mary E. Griffiths al
leges that Kate Tull says she will be the
death of her vet. Mary fears that this
prophecy maybe realized unless measures
are taken at once to thwart it. She there
fore made information before Alderman
McMasters against Kate for surety of the
peace : Kate was arrested and committed
ifor trial. -
Man Drowned.—About eight o'clock Sat
-urday evening Michael Murray, while en
gaged in “coaling" a tow boat at the foot of
Ferry street, in the Monongahela river,
- missed his footing, fell overboard and was
drowned. Search was made for the body
immediately after the accident occurred,
but at a late hour last night it had not been
recovered:The deceased was a single man,
about twenty-five years of age, and ' board.
ed at 130. 72 Penn street •
Beautiful.Wax-Nr eik.—We advise our
lady readers to call and examines:me rich
specimens of was work at the Pittsbitrgh
Female College. The samples of fruit,
flowers, autumn leaves, harps. crosses and
pond fillies - are the most beautiful we have
ever seen. A .class will ba organized to
morrow (Tuesday) afternoon at 3 o'clock
for the benefit of ladies not , connected with
the c )llege". But few hours are needed to
learn, and much may be" done by a little
outlay to beatitify and adorn your houses.
Ga by all mearis'and see the specimens.
, .
A Flying Boird..-1-Qa SatUrday morn
ing during the storm a bnard -from the up
' per scaffolding of the Cathadrallower was
caught 3ip by . the wind and sent flying
through the air. After performing several
gyrations and evalutions at . 8 lofty eleva
rapidlof De pidly n 's yunde descended_alhtin on the
• vortaking ig
establishment
- on the opposite side oft the street, ping
through the roil to ' the flour •in the
' second atory, making a hole about four
feet in length in its passagathrough. For
tuluttelY no person was in the room at the
time and no injury was donebeyond that to
- the building. •
' Drotimed.On 'Friday afternoen three ,
boys were in a skiff above Dam No. 1, 'on
the Monongahela river, when. by some ac
cident the boat was carried by the strong
current over the dam,' capsizing and pre
cipitating the boys into the foaming waters.
One of them, named Divid Ritchie, was
struck on the-head by the boat in its de
scent and sank immediately: The other
two managed to take hold of the boat as
it was floating off and thus saved them
selves from a watery grave. Tue hoYs re
sided in Brownstown, and the deceased" was
employed in one of the glass factories the e.
At last accounts the body had- not been re
*covered. -
"Airs Well TloetPvls We ll."
.
Much' solicitude •
"has: been felt by the
families and friends of Mr. Walter McCita
.
took, carpet-merchttiat,add Wm. Molntoli,
jeweler, of this city, by reason of their pro
,longsd- detention on anisland in Laka Su- ,
erior, whither they had gone for health
and recreation. It appears that the steamer
that left . them on the lonely island had en
gaged to 0,11 for them on her return trip,
but was prevented for two weeks by neces
=sary . repairs from -.returning. This unex
pected and -unexplained •delsy , naturally
..caUsed some anxiety among the Month of
. the mts-sing gentlemen,* which wa s 'relieved
on Saturday.l3y a dispatat announcing their
safetyand to reach home to-day.
Stolen Property Recovered.
About two weeks ago Mi. Norton, a resi
dent of Plitsbnigh,
while stopping at the -
St. Hotel, in Greenville, Crawford
:aatuity, Pennsylvania, had her room enter
ed and'a valuable shawl carried off. No
trace of - the sneak thief could be discover
ed and the lady had almost .forgott-n the
,eircumstanee. Simreturoed to the oity- a
few days ago, and on , Saturday.wo citing
at the,Vindow of,ter room in; the. St.
James Hotel, near ,the Union Depot. when
rate noticed woman : ,passlng aWng-mith
the shawl on her snit. She lameala ewe
:nunpursuit. and overtaking the arb.i .
nun in the ladies' walting.,room the,de.
Dot • reeovereckherproperty,the thief Mak
- trig no' 4011 M-12153.1 tlyY wins to
in
01 vonveriation witir ' ths. officer lit regird
tbe affair the woman from whom the shawl
was recovered slipped away and was seen
no more. No particular search was made for
her as Miss Norton was sati fled with the
recovery of the shawl and dogrel no fur
ther trouble about the matter,
I
WE
MEM
:
_ •
THE DEATR'SENTENCrE.
The Lane WifeePolsening Case—Motion
, for "New 'Trial Overruled -The Prisoner
Sentenced to be Hanged.
Saturday about noon, in the COurt of
Oyer and Terminer, Judges Sterrett and
Stowe on the bench, the case of Louis Lane,
/colored, convicted of niurdee in
,the „Arm
degree, in causing the death of his wife by
administering Poison, was called; the Court
beteg prepared to decide upon the motion
for a new trial: The ease, was tried at the
June term, and final judgnient , 'deferred
until the. present.:, The prisoner had been
brought intOCourt, - and the roo m was well
filled with members of the bar and spec
tators. , -
The accused, it will be remembered, was
defended by F. T. Haines and J. C: Mc-
Carthy, Esqs., lieving.beeti assigned by the
Court ascounsel, and the compliment paid
them by the . Court in the remarks given be
low is well deserved. On Mr. Haines, as the
senior counsel, devolved the conduct of the
case, and in discharging the, high and res
ponsible duty reflected the highest credit
upon himself.
The following is the
/OPINION OF THE COURT.
Inthe charge , to the jury in this case we'
instructed them .that under the evidence
they could not render a verdict of anything
but murder irithe first degree, if they were
satisfied that the prisoner killed his wife by
means of poison, feloniously. and malicious
ly administered to her; that if poison was
intentionally and maliciously given by the
prisoner and caused death, that, without
more, made it their duty to find a verdict
of murder of the first degree, and that they
had no right to return a verdict of murder
in the second degree. In other words, we
directed the jury that if they believed from '
the evidence that the defendant murdered
his wife by means of poison,‘ the statute de
clared it to be of the first de 4ree, and they
could not make it less. This was the pre
veiling idea throughont the charge, midis
emphatically expressed by the part except
ed to by prisoner's attorneys. viz "The life
or death of this man is in your hands. There
is no naiddle course, if hels guilty of mur
der; he must be convicted of murder of
the first degree or ecqnitted of everything.
If your verdict is guilty of murder you
nitiststate of the first degree. If not guilty
you say so and no more.
This instruction is alleged to be error,
.and is assigned as reason for a new trial.
The question now is, was it erroneous or
not?
We certainly entertained the opinion, at
the time the jury was charged, (as we still
do,) that under all circumstances and in
every case murder by poison under our
statute was of the first degree, and it was in
view, of this opinion that the remarks-6cm
plained of were made to the jury. But even
if this opinion was not strictly correct in its
fullest application, yet if the remarks made
in their application to the law, as bearing
upon the facts in evidence, were in accord
ance with the law arising thereon, no in
has done the prisoner, and the
verdict should be sustained. ,
Then twoquesiions arise:
First. Were the instructions given co-- . ,
rest as a universal rule of law, under the
stamts?
And if not, • _
Second. Were they proper under the ev
idence in thia ease as a rule for the guid
ance of the jury?
As to ths first question—whether "mur
der by poisin" is always murder of the
first degree—it is hard for me to conceive
how any body can take up the statute of 1794
and come to any otuer con -Melon, unless a
more subtle and relined distinction is drawn
than. is justified ny the obvious intention of
the Le 4 islature. - . •
The act of 1794 reads thus: "Whereas,
the several mffences which are included
t••under. the general denomination of mur
der differ so greatly from each other in ihe
degree of atrociousness, that it is unjust to
involve them in the same punishment, all
murder which shall be • perpetrated by
means of poison,or lyinr in wait, or by any
other kind of willful, _deliberate and pre
meditated killing, or which shall be com
mitted- in , the perpetration or attempt to
perpetrate any arson, rape, robbery or bur
glary, shall be deemed murder of the first
degree, and all other kinds of murder shall
be deemed murder of the second degree,
and the jury before whom any person in
' dieted for murder shall be tried shall, if
they find the said person guilty thereof,
ascertain in their verdict whether it be
murder of the first or second degree."
It is well settled that this statute d-4114
not in alter the law of murder.
What was. murder bef,,re its passage, is
murder now. It is still "the killing of a
person under the peace of the State,' with
afoiethougbt either express or im
plied." Malice's the diatinguish.ng feature
of the crime. No new offense is created.
Murder as it existed was. Merely divided
into two classM•in to theunish
ment to be.inflictedreference
under the la w for its
commission. , ,
..Firet, Ail murder by poison, - lying in
wait, or: - other , willful, deliberate and pre
meditated killing, or which Is committed in
perpetratingeze•ettempt_do perpetrate the
several felonie ,, mentioned, contete one
c punishable with death, and termed
of the first degree. , • , -
,second, All other kinds oimurder consti
tute another class, and termed of the aocond
degree. •
The killing of a person with malice
aforethought, by means of poison, is mur
der in the first 'degree, and can be nothing
else. What then constitutes killing with
malice aforetheught, or malicious , killing?
Says Russell - on Crimes; 463: "Not such
killing only as proceeds from premeditated
hatrel against the -person killed, but also
such killing as is accompanied with eiream
standee showing:the, heart to be perversely
wicked, is adjudged to be of malice pre
pense, awl murder. When the act which
occasioned death is committed deliberate
ly, and is likely to be attended with dan
gerous conseeuenoes,, the mailcexequisite
.to 'murder Wild be presUreed, thedaw
infers that the natural or probable effect , of
any act delibera ely done is intended by
its action."
,(W7ll,rton homicide;page
thirty-four, and ascii- cited.) From the
days of Lord Hale till the present time, the
willful administration of poison froth which
death ensues, has been held to be murder.
Thus it follows, that the Willful giviug of
poison where death ensues, being still what
it was, before the statute—murder—it is
nedv under the statute the same, and pun-
'fishable with death.'
In Commonwealth vs. Keeper of Prison,
2 Ashmead, 227, Judge King expr. sses an
opinion On the statute at variance with' the
preceding, and says that "murder by poison
and-lying in wait, are given as itistances of
wi lful,dellberate and premeditated killing,
but not as cases which under all circum
stances are such.", • it, is apparent that the
learned Judge .has confounded the term
murder.: with killing. and means , that
lawful killing by poison is not always MEW
der of the drat degree. In this be is elearlY
right, because there maybe, amid often is,
killing by peisonwhich la criminal, :and
yet - not murder at all; but alteplietnatiz
elaughter,,and suolids the ease he pu s
way of illestratlOn.: in the Supreme Court
of Connecticut a doubt has ' also been
expressed as to 'the correctness 9f the con
clusion we have ar, ived 'at, • and also by
Judge Woodward inl2 Wright 896; Rhodes
vs. Commenweelth.: Innolther, tioWever,is
a positive opinion expressed. On thio con
trary; the view we heave taken is sustained
by Justice Daniel,:, Commonwealth '
vs.,
Jones, 'Leib. dig: .ignegiii.!' says.he
"may"reach the life of one. Or :more pot
Within the design of MM Who lays the bait:
lying in wait may be old' aviest, of great
int ury,, , abase end hodiVharra without Abe
settled ,prirpOse: , ,lto'kili, In; these cases
the legialatert 'hag dinbvell3hat the ler- -
petrator shall be held g4lItY of murder in
the first degree ' witho further proof that
the death was the ultimate result which
the will, deliberation and premeditation of
the party accused- sought. Also, by the
13nprerne Court of Tennessee, 4 Aura
-1
•
- - .47e1;"V
° •
_PiNt3ItUII,OII Glk2=r;: MODDAI. - - SEMMItER 14, 1868.
phries; "188. After reeitinge `statute ill
the
tome there; precisely similar to ours so
far as this case is concerned,l the court say:
"In cases of murder by poison or lying iii
wait, the most atrocious a° ' *detestable of
all "kinds of homicide, add the least to be
guarded against, either la , • resistance or
forethought, the crime is 'Made to depend
upon ;means cans rig death.' Sri in re
spect to cases of murder committed in the
perpetration of or attempt to perpetrate ar
son, rape, robbery and burglary. In all
these cases, the mode or 'means' of destroy
ing life supplies a conclusive_ legal pre
sumption of malice and , guilty intention;
the Crime, as well as the'gullt of the agent,
is made to depend alone upon the fact of
eking life in either of the' specified modes."
Chief Justice HornbloWer, of New Jer
sey, referring to the act of that State,which,
is the same as ours, says:l
"Independent, hOweve , of the common
law presumption of mall , all will agree
that killing by poison, l yin g in wait, or by
t
willful, deliberaie and pr meditated design,
is proof of express malic . Again, if a man
in the act of perpetrating or attempting to
perpetrate the offence specified in• the
statute kill another, this is evidence of ex
press malice. In all these cases ,•then, the
killing is Murder of the First Degree."
The same view appears to be also held
by the Supreme Court of Kansas and Texas
in late cases cited in the United States Dis
trict Court for 1854—See. - 23 Cal. 17—of
Kansas 365. -
But most conclusive of all, because bind
ing upon us until 'reversed, is the ease df
Com. vs. Earl, 1. Wharton 531. There the
Court specifically decide and give as a rea
son for refusing the .allocution asked for,
that all murder perpetrated by means of
poison of the first degree, saying,
as in case of murder by poisoning. the poi
soner is guilty, if at all, of murder in the
first degree, and as a verdict of.gnilty in an
other degree would not be received, the
law will not require, though it, might en
dure the nerfermanceOf an act so nugatory
as an-attempt at 'cliiseification a:fibre there ,
is no difference, or the making by verdict.
of a measure of guilt pre-established, by the
law itself. • i .--'.- , . .. - , -
If the conclusion arrived at in that case
was right, it was only up , n the ground
stated by the Court that murder by poison •
under the statute is of the first degree and
can be nothing else.
But we think we might go a step further,
and even admit that this broad view of the
statute is incorrect, and still sustain our
charge under the evidence in this case.
The jury were told substantially that un
der the evidence in this case, if they found
the prisoner had intentionally and mali
ciously given arsenic to his wife, and she
died from the effects of the poison so ad
ministered, the law made it their duty to
return a - verdict of guilty of murder of the
,first degree. There was no allegation, and
'if there had been, there was not the least
evidence that the poison was not intended
to kill, and certainly it will - not be pre
tended that the deliberate administration
of arsenic in quantity, which must neces
sarily produce death, by one aware of its
effects, does not in the absence of evidence
to the contrary, create the legal conclusion
of intent to kill. If such is the case, then
we were right, and 4t was our duty to tell
the jury tnat they donld not under the law
and evidence in the case, render a verdict
of murder in the second degree. '
This is only applying to a deadly poison,
the same role well settled in the cases of
deadly weapons, and upon this ground
alone we think all we gala to the jury might
well be sustained in view , of the evidence
in the case..
The m =tion for a new trial is overruled.
The reasons for arr,st or judgment have also
been considered. We do not think cause
is shown to arrest- jud,iment anit,they are
therefore overruled.
When Judge'. Stowe had.,concluded,
Judge Sterritt made a few remarks, during
which he etated ho fully concurred iq tho
opinions of his brother Stowe.
THE raiser:sit SENTENCED.
The prisoner was then directed to stand
up, when Judge Stowe asked: "Lords
lane, have you anything to say why 8011-
twice of death should not be imposed upon
you according to law ?"
Prisoner—"l am not guilty of the charge."
Judge Stowe--"Haveyou anything furth
er to say?"
Prisoner—" Nothing."
Judge Stowe then said: "Louis Lane, you
have been tried and convicted of the mur
der of your wife Henrietta, bv, poison.
What tn , ,tive led you to do the deed is not
anpu cut from the testimony, but it is o ear
that you did it. The jury con d not, in the
discharge of their duty, have rendered any
other verdict than they did under the evi
dence in the case. Your counsel, who, at
the request or the Court underto k your
defence, has done all that could be done in
your behalf, without fee or reward. He
has most earnestly and ably 'presented to
your triers, all such facts and.suggestions
as would tend to raise a doubt as wyour
"grill. More could not have_ been done, if
he had been amply paid for his services.
But all in vain! The web of circum4tances
which'_ the s testimony threw around you,
was too strong and too close, and there was
no escape. Facts, established by the.reestr ,
satisfactory evidence, pointed with ; unerr
ing certainty to your guilt. Even thoter
rible'idea that your life must pay the pen
alty could not raise a donbt, nor' stay the
inevitable cow:101m And for . this hotrld
deed you must die. We leave to others
the'duty of Indicating the means of proper.:
lug you to meet your doom. BUt we most
earnestly ask you immediately to call to
your. assistance such persons as'may be
able and willing, by their counsel and ad
vice, to instruct you hew to prepare to meet
your God. And now- nothing further it
mains,with us, except to pronounce upon
yea' the sentence prescribed by.the law for
the crime of which you stand convicted.
Louis LanP,the sentence of the law is,
that you be taken hence to the-jail of Alle
gheny county, the place whence you came,
and from thence, to the place of executitn,
and that th re yen may be hanged by the
nscir, till you are dead, and may Alinighty
God tave meroy,on your soul. •
Judge,Stotiertu pronouncing •the dread
se , itence of theisw, was visibly affected.
The prisoner did not manifest the slightest
sign ofemotion maintaini3g his compo
sure to the end. ' Riff demeanor, howet am;
was respectful, and could not be regarded
as indifferent. We u derstan I an effort
will bejnade to have,the oase reviewed by
he Supreme Court. ,
a a ,
The Cathou*, Elemicide—rrobable E;pla.
nation of the.,Myrtery.
The Mystery connected with the shooting
of R. C. Calhoun, at Etna, Thursday even
ing, the Bth lust; an amount of which we
published, appears to have been solyelj. ,
On Saturday Coroner Clawson obtain ed
information which led him to belleVathat
,
Ephrata:LS.oln, confab Penn township;
bad fired the 'fatal nhot. - ficiaCcordingly
arrested Kent and brpught him to ; the city
. .
when he was confined In the look.up.
Where he Will remain until .the Matter has
been:fully investigated: Kent .state that
he was in Etda on thel evening: Calhoun ,
was "alba, --'and - nine: o'clock,
~.while;t ho :was'. : standing in__ front elf
the tavern, a , party. among whom ting
Calhoun, • drove up and were ac ,
in a very '.disorderly: , manner, when
he remonstrated with *Mein and told them
that he:Was an Officer of ,the 0120 'or
the partv then advanced , towards him, with
a pistol in his hand, and - struck him a se-,
vere blow on , the ..iteadi kno iking . him
down. Kent then drew Me revolver, and,
as he 'sieges, pointed the ;nuzzle to the
ground and fired. He then ran to the t4v
ern and . endeavored tomtit] admittinose.but
being refused, started-to nottlk home. While
on the, way ,itrain) cam o,.op t and
Wok refug4 under tree, where. ho a et ,
4 T1 4 4-mornlPll. • ElVdenief• haviag elk 4 C 4
hdrin; Wit ' he'lesidents oftfievielnity state
that only one shot was fired. Charles Mur
phy, aho is also charged with the minder.
is in jail. The Coroner's inquest will re
assemble to-day, when additional facts may
be elicited,
GRANT HUSSARS.
nsiagstie. ~ Meeting—The
a War Basis—Report of
-Large - and ..E.ni
Organization on .
Itecrulis Obtide , .
Asa political , • ary to the Repub
lican party durin: the present carnpaign,
.
there has been .rganized ,in this city - a
regiment of Gran Hussars, underthe com
mand of Gen. W Iliam Blakely. On Sat
urday night a lar 1 e meeting of the mem
bers was held at I ity Hall; for the purpose
of completing th . organization. The re
port from the Fl . , nee Committee evinced
creditable exert ons measurably well re
warded. The in ..ting nananiinously elect
ed Col. T. K. M.Clong as Vide 'President.
The report from he committee on enlist
ment devel ped e fact that some five hun
dred names had . ready been secured to the
rolls. Major Fo ey, of Birmingham, an
officer with a b fight record won during
the war, is ream ti. g with great success on
the south side. `apt, W. 4. Stokes report
ed that he lied t . nsferredlals command of
artillery WMaj. oseph M. Knap, believing
that he was more worthy the honor, having
rendered much valiant service in the Anion
army. This course of 'Maj. Stokes was
highly coin ended, and the acceptance of
Maj. ,Knap Was received with applause.
c
Ma '
Stokes, and Lieuts Logan, Dunseath
an Hunzeker were appoin ed a committee
to wait upon and invite the cooperation of
the butchers and dray rnenmho are to hold a
meeting to-morrow evening for the purpose
of organizing auxiliaries to the Hussars.
The order for the uniforms and accoutre
meats of the first battalion has been for
warded East, and a return is expected to-
Morro*. By order of Gen. Blakely the
following regulations ,have been promul
gated: ,
• The companies will be , organized and
drilled in the single rank formation of
"Cook's Cavalry Tactics, " and will be in
structed in the following evolutions, viz :
ITo march from line of battle by twos, fours
'and platoons, also to form the command
front, left, or on right into line. When fifty
members have subscribed the constitution
and by-laws, the recruiting officer
,shall , call a meeting and the mem
bers present shall -then elect • their
officers. The commanding officer shall
immediately report . to the head
quarters for further instructions, and furn
ish a roll of his command. Commissioned
officers, uniform dress (oat, sap and pants;
non-commissioned officers and privates,
bronze cap and belts, cavalry blouse,
(worn inside of pants,) and dark pants,
Wide Awake torch will be carri-d on all
night parades. Artillery—Regulation dress,
or such dress as the commander of artillery
may direst.
The first drill will take place to-morrow
evening and Brat parade on the night fol
lowing. The company to form on the Alle
gheny, Commons at the Sec , ,nd ward School
House. Co "A," recruited by Messrs. Mc-
Farren, Johnston and Logan meet to-night
for organization at No. 111 Water street,
above 'Wood, where those wishing to join
can do so.
The fellowing named gentlemen are
authorized to raise companiei f_r the Pres
idential campaign:
Maj. S. Foley, Birmingham and south of
Monongahela. ,
Capt. J. S. Schoonmaker, 14th Pa. Cay.,
Allegheny.
W. S. Taylor, 14th Pa. Cay., Allegheny.
Lieut. L.Gross, 14th Pa. Cay., Allegheny.
Lion& E. R Jones, South Pittsburgh.
Lieut. S. J. M'Farren, 3d Pa. Cay.. Pitts
burgh.
J. B. Johnson. 14thirri:Ca4 , ...
Maj. Jos. M. Knap, Artillery., .
%V. IL Stokes; milli 07;
All club• of Allegheny county are cor
dially invited In join and participate in the
parade of the 23d and 24th.
Companies o .ganitlng yen elect their own
officers and receive instructions from the
commanding officer of the Huzzars, Col.
W. Blakely, No. 91 Grant streeti or the
Secretary, S. J. hi'Farren, No 11l Water
street. '
A Itraye lilusband—Geuerou.s Request. .
In the Quarter Sessions on Saturday Mrs
Clara Ellis, a delicate Welsh woman, Eery
ing as a "help" on Third aVenue, between
Wood andSlarket streets, appeared as corn
.
plaintutt against her husband,
,Eills, asking that be be held in bonds to
keep the peace towards her. She told her (
story. They bad been living apart for six .
Lot seven months, The , wife, unable longer
to endure the harsh 'treatment of her hus
', hand, went among strangers for protection
„and hired as arattelp," in order to secure
support. The husband, a out, able bNlled
man, a rolling mill hand, went to.the old
' Country, Wales. returning a few weeks
since. He called frequently at his wife's
placed empipyment iinee,shis return, an
noying her very math, and among othdr
things_ accused her of unfathfulneas to her
marriagetaint.' His putie was sufficiently
plethoric to enable him to make a visit to
hit . native land, while' his wife was "at,
service," and it woutd be natural to sup
posethat after his return he would have
givfm, himself no eonce n about her; as
his conduct indicated carelessness as to her
fate or condi , lon. But not so. He must
jantiok heir 'still -fainter. :What bla.dealgia.
was may be ,inferred from his sets. On
Sunday evening• week he visited her, was
violent in his manner, and accused: her of
"street walking," menttoningthe mtmesof
man who represented (het *said). trey had
been with her. She dentedthe Imputation,
and at once irOlunteered to go with him and
"face" 'the men. The time was about,
nine &clock. They proteeded tothe Point,
the men referred to by the husband
residing on the south side of the river. The
ferry boat had gone. ,& man with a skiff
hailed the wife, asking her if she desired ,
to'cioss the river: The husband andwered,
and assuming that the ,fercymap bad; in
sulted his wife. need rotighlanguage. He
then gave up his intent' n of going to the
south aide, if, indeed, he_ bad desgued in
the - beginning so' &Aug. He drew a pis
tol, his wife eerearaed, begged, for mercy,
and caught his aim. He then' truck her
and ahe fell at his feet. Her screams hav
ing attracted Attention, the husband fled
and pa aped for the.time in the darkness.
The wife told the Court she believed it was
her hushand!s. design. to kill her; he had
threatened to ' , do , ise previously, and
she feared still, that he would do so.' .It
having been represented that she ha (Inn
-
_Banter' to settle the ease, she was asked hOw'
it was. , She said she had; that she was
told it , would ,be best , forher to do , so.
Counsel for defensertifered no evidence,nor ,
made even an attempt to ; contradict the
statement of the wife;,but risked the. Court
to do a most generous thing.viz: To require
the husband simply to pay, the co ts, leave
the countV, and•promise' not' td AY .hilt
wife in the future. •=,
Judgeliterrett saw the case in its proper
light: Ile required Ella to pay the costs
and - to give bottle in the rain of $1,5Q0 to
keep the peace tower& his wife for the pe
riod.of two years.
' Auruseinesyk:
OsmiA Holism—The engagement of Mr
'Edwin
Booth,h which' closed tit' the -Opera
Afilse . ttAd!IY, ,OirePillgi was ttle Mon.
I
brilliant nd doubtless the most profitabls',
tq the ni nager sine Ristori's first, ,vielt.
; This ev e tog Mils Nellie .fieraipn and Mr.
ItobertJ n eon make their first appearance
in this el ~ w hen will be presented anti*
&lune e itled "Little Polly." Mho; Her
mon enj a a high reputation for times°
young in er profession; and wi ll dont Hess
draw aro ded houses during , her engage-
MORE ta..-'-;klastinio Hall hes , been the
storm of ,abundance of fun, and amuse-
went dti ing the past week, during which,
liiitiii:the tuttitirbsithable conjurer, tom- -
nia, Wu been performilig 4 tolfull hbUsek
every evening. His entertainme , ts will
continue throughout the present week, and
each evening one hundred us* fal and val
uable gifts will be distributed to the an
(lieu®.
Arrests Without Information or Warrant.
Jaiiar H. Miller, Esq., in the Quarter Sea
.
siond, on Saturday, moved for .- thee dis
charge from prison of William Walsh, '
Then:Las- Bedell, Joseph Scott, Stephen .
Beech and Joseph Butterfield, _upon facts,
set forth in an affidavit of one of the pris
oners, in -substance : On the 11th' inst.,
while in the Old Pittsburgh Thnatre, in
the discharge of their own proper duties,
and not engaged, so far as they were aware,
in anything unlawful, they were arrested
by Matthew Keep, constable, without a
warrant and without any pre% ions informa
tion having been made agAnst ' them; were
were taken by said constable before 'Alder
'man Humbert, and whilst there the mag
istrate inserted their. names in a Warrant
which .had- been issued for another party,
and upon such a warrant they were com
-1 - mitted to jail, having waived a hearing.
These facts were not controverted. It
seems a warrant had been issued for an,
other person, "and others," charged with •
forcible entry and detainer, on the informa
tion of Gen. Hoffman, administrator of the
Simpson-estate, to which the old Theatre
belongs. The constable proceeded to the
Theater to make the arrcrg, and was at first_
denied admittance, • but finally permit
ted to eater, when he arrested all on the
1 premises. It not appearing clearly at what
point of time the names of the prisoners were
inserted in the warrant, and Aldermsn
Humbert, being present in court, he was
asked as to the fact. He was about to make a
full statement ofthe case, but this was not
desired—the court simply wanted to know
as to the insertion of the names of the per
sons , now asking - to be discharged. The
Alderman stated that after the parties had
,been brought before him-he Inserted their
names, first in the informaticin, and then in
the warrant.
Jtidse Stowe remarked that the case was '
'similar to one which not long since trana
pired at Wilkinsburg, where a warty had
been arrested and the warrant issued on
the day following.
Alderman Humbert disclaimed any in
tention of acting in any other way
,than he
thought was proper in the case. •
The. Court said that so far as he was per
sonally concerned, there was no imputa
tion against him; but;the arrests were im
proper, no information hirving been made
or proper warrant issued.
Mr. Miller's motion was, therefore, al
lowed, and the prisoners permitted to' go
their way. _ '
Shooting Affray.
About ten o'clock last night a villainous
and malicious attempt was made upon the
life of Joseph Sabita, a peaceable citizen of
the Ninth ward, by John Kesler, which
may yet prove fatal. - Mr. Sabita was sitting
on a dry goods box on the sidewalk in front
of 410 Penn street talking with some
friends, when Kesler came up and
without the slightest cause or provocation
struck him in the face with his open hand. -
Sabita thought it was done in jest and paid
no attention to the matter, further than to
ask him not to strike so hard. Kesler re
plied saying, "D— you, you called me a
s— of a b—.' and putting his hand in his
pocket. drew a revolver and fired, and then
ran. The shot took effect in. the face of
Sabita. ' •
The wounded man was carried into his
house, which was near by, and Drs. Kearns,
Ahl and others called in who examined
the wound. The ball entered over the in
side corner of the right eye and penetra
ted to a considerable depth, keeping below
the - base of the b•ain. The physicians
think that the wound is not necessarily fa
tal, but were unable to say positively, as
,they had not found the ball when on. re
porter left.
Mayor Blackmore was sent for and- took
Sablta's deposition at the request of his
friends. Kesler had not been I seen after
the occurrence, but the officers all know
him and he will probably be arrested this
morning.
A Daring Scoundrel
At an early hour on Saturday morning
the residence of. Mr. Kennel, on th
street, was entered by a daring thief who
evidently is' practioed the - , trade. An
entrance was effected by forcing open the
cellar door in the rear of the house, and by
this means galnieg access to the cellar.
From there the chap proceeded up" . the
stairs to the first floor, and froni there into
the sleeping apartment occupied hi' Mr.
Kennel had his wife. A light ores :dimly
burning in the room, by the aid, of Which
the fellow ransacked , the room thoroughly, .
opci,ing the drawers of the buretu and scat
tering their contents around, but securing
nothing of valve in them. He next turned
his a tention to Mr.' Kennel's pantaloons
and, was rew .rded by obtaining about nine
d liars .in cash .and a silver w atch , worth
'about forty dollars, • with which be
decamped. The whole operation was car
ried on so stealthily that none of the family
were imaged and nothirig.vi sa. known of
the, occurrence 'until they arose and an
investigation'revealed the robbery. There
is no cluato the thief, ancl...it is altogether
'likely that Pile who could plan and execute
such a daring hirglarY.Wlll know how to
keephway from the officers. .
New 'Firin an, Old Roam
, .
By' announcement elsewhere .
it,: Will be
'noticed that the papuli# and firet-class up.
,
Own watch, c10..k and jewelry store of W.:
T. Wylie, bip. (I Wylie street, has been pur...•
ehased with entire Pteck by Hegira. Biggs
4k. Hoyle, who will, continue the 'business.'
Mr. deo.' Biggs hPs had large.business
experience in the leading jewelry houses
of the city, and thoroughly understands
every departnient of the trade. His part
ner, Mr: Hoyle, is a p ractical and finished
watch-maker; ho l sustained a
nigh reputation in that . branch of art in
this (MY, tiaving he d uosition in the moat
reliable watch and jewelry houses. - We
wish the new firm the large success they so
eminently merit.
Melon•ohely Affair.
.Ed. McGaim :and Thoreas Devine have
became involved' in' a molon-choly affair.
A. IC 'Briswold^ wader information *fore
the Mayor on Saturday evening, charging
Edward and' Thomas with the larceny ,of
one hundred and seventy:llva melons. He
alleges that' he shipped the melons to' this'
city on the 'Pittsburgh'. Fort , Wayne and
Chicago Railway, and that they arrived on
Eisjurd ay evening at the depot of the Adams'
Expre's company, corn ,r , of Grant and.
Seventh streets, where the accused - broke
open artcartin took theretkom the melons,
which.lley, afterwardsAisposed of. War.
rants were leaned tor their arrest. -
Indletnalm!. Quashed..
.relioit'oe.this.:Quarier, Seardonii
Court of Friday we noted the fact of R. S.
km1.111'06;04, trioying tile indict.
mentagainst Thomas TigOr and JalhOOPir.
ker for robbery, upon the ground, mainly,'
.ths, it waa drawn "in the.Oyer and Termi
ner and Quarter Sesaiona of the Peace,"
that Is toOAY; in two Cohn% whereas only
the Oyer, and. Terminer, had jurisdiction.
The Thee motipn wee further:argued. on .Satur
day by Mr; Morrison, who cited authorities
sustaining hia position. The Court allowed
the motion, quashing the indictment;
,
Can 'Always , llbuillted at litS Federal'
Street, the Following Articles! ,
'Cocoanut Candy, Almond Nut Candy,
Walnut Cat*, '•Leriton,
Mountain' Tine, Apple and Cream'
Candies,-Roasted - Almono3s, ExcelsiorPutia
'Drops, Fr ultillAse; Stowaway Music, Cinn , t-'
mon, Peppermint; Ctigenne'
perial, Lady, Winterg. ern: ConVersation
and Cough 1.-zenges, Cream and Dessert
Cho, olates, double extra fine Cream B.:n
Bons. As sorted Candies, &a., do.
Ciao. BEAVEN.
Allegheny' City - Academy.
The Allegheny City Academy, the well
known and popular home institution, has
opened for the fall and winter term at No.
101 Federal street, over the Allegheny Sav
ings Bank. During the , summer, vacation
the school, rooms , have been thoroughly
renovated and a number °L a, dditions made
to the school furniture an apparatus, so
tihat it will now compare favorably with any
institution of its kind in Western Pennsyl
vania. - Particular attention is paid to those
Studies pertaining - to a commercial educa
tion, and in this respect the ,school hereto
fore has met with remarkable success.
I The languages and sciences also. form
an important part of the courseof study,
the instruction in these branches being com
plete and thoroogh. Of the principals,
Professors Pryor and Robb, it is needless
for-us to say anything, further than that
all their experiebce, extending- through a
mil:fiber of years, will be brought IMO requi
altion to make the institution that which it,
claims to be, a first-class academy., They
can be consulted in regard to terms, and
the course of study at auy time _during the
day, and wa advise alt persons wishing a
thorough education to call 'Ten them.
A CHALLENGE:
One Mandrel' Sewing Machines to be Given
Away to the Peer.
Whereas, a certain . advertisement ap
peared in the Sunday Leader of the 6th
inst., cliasically and pertinently entitled,
"Who Killed Cock Robin," signed "Carson
Bros:," ardcharging R. H.. Long with be
ing the author of an affidavit published by
Miss Agnes A. Watson; "puffing the Weed
Machine, as they assume; and,
whereas,
this r is the second time such ; assertion has
appeared over their signature,i now this
witnesseth that I, R. H. Long, will , forfeit
one hundred new Weed Sewing Machines, to
be distributed by lot gratuitously , . , among
the poor se wing women of, this city, if the
,Carson Bros. will establish their, assertion,
or show that I am implicated, by. sugges
tion, dictation, or knowledge, "of such af
fidavit preyious to it 4 origin—they - to for
feit or pay for one fifth of the' above num
ber in case of failure, to be applied' to the
same charitable purpose. If you mean
business, gentlemen, bring on your evi
dence. If you cannot establish what you
say, let the knowledge of it go forth to the
world. Meanwhile, the,Weed Sewing Ma
chine will be exhibited' t 112 Grata' street.
R. Lona.
Pittsburgh Medical and Sargical.l]
No. 134 Smithfield Street.
Tinder the direct suPeirvislon of E. S.
Aborts, M. D, Principal' Consulting and`
Operative Surgeon and phyinclan for Die
eases of the Eye, Ear. Head, Thiciat; Lungs
and Chronic Dtsesses generally,pave ex
perienced Physicians and Surgi3oria in at
tendance.
Special interest taken in the treatment of
those cases that bays been given up as hope
less and considered incurable.'•
Dr.' Aboni' s Medical Book sent'by mail on
the receipt of 50 cents.
Sours for professional interviews from 8
A. M., to 5 P. N. tf
Fall and Winter Dry Goods. New fall
and winter goods in endless variety are:
now
now arriving at Bates 4t, Bell's, No 21 Fifth'
street. Ladies will find many new novel-,
ties to please and delight them in thaway of ,
dress goods, shawls and &toques. Call and'
see for youratives. The entire stock of.,
summer goods is being closed.o4at most .
•reasonable prices. , ,
The Purest and sweetest Cod Byer 011
in the world, manufactured - from fresh,;
healthy livers, upon the sea shore; it is per
fectly pure and sweet. Patients who have'
once taken it can take none other. Ask;
for "Hazard and Caswellls Cod Liver
manufactured by Caswell, Retard de CO.,'
New York. Bold all druggists. az
-
New Treatinent.r:Forchromc diseases of
the eye, - ear, head, throat, lungs, heart;
stomach, liver; dec.; at Dr: Abones Medical
and Sullied 800rn5,•134 Smithfield streete
half a square , from the Post:0111m No ehaye
for consultation. • • ,
,
The place to get White Lirue, Calei'ned i
Plaster, Hydraulic Cemerit, is 'at, V•cker it!
Caskey's,l67 rank street.
MARRIED:
DIMAIIIIO43--HOLLIDAY=4 Sept: 113661.:
at the residence or the bridco3 - nivents, :at Wood'il
Bun, Pa., by.the Bev . . d, H. Ediarp, Mr. THOS. P
DEMILIMBO Atiss..AliNA. E. HOLLIDAY, boll;
of WoocPA Run, Pa. • • .
,UNDEAT.AKERS.
......-
WIEI. AIKEN, UN DERTAILDIC .
No. 166 FOURTH STREET.. • Pittsburgh, Pat
NS of all kinds, CRAPES, GLOVES, and M
ary description of Funeral ,Furrdsbing Goods fur'
ebbed. Roothe , open 46y 'and night. Hearse an ti
Carriages furnished. - ;
Rsinuttaiczß—Rev. DI , Ad Iterei'D. D., Rev. lft
W. Jacobus, D. D.. Thomas Ewing, Esq.. Jacob HI
Miller. Esq. . . ~ , • • - ,
BQIIABLES &PEEBLES UNDER
• TAXERS AND LIVERY , • STABI.JIII . corner
DUSKY. STREET AND CIIVECH VENUE
Allegheny Day. vrtiere - thelr VIN ROOMS ari
coaatantlg supplied with , re..l and Imitation Rose!
wood, Mato any and Walnut Coffins, ~at prices vat
vying from 'e to aIDO.: Bodies prepared for Inter , .
meat. Hearses and Oantales furniehed; also, al_
tittle of Mourning tiboasor required. Office ope
at all hours; lays and night; r • ,
40111EIRT T IitOUNEY I _IIINDEII4.
TAIZER- 45 OHle!
EET, Allegheny, iceeps. ea sUntly, on hand .;
large assortment or ready-MUle Collins 'of the foll
!Owing kinds:4slst, the celebrated. American Bo
vial Cases, Metallic Self-sealing- air-tight Case„
"and Caskets, and'Hosearood, 11/ al net and itosewool
Icatatlon• Coffins. .Walnsit.Cogitut from 4515 ilf!
ws.rds.,.itotenrood "Imitation C. , ffins from $5 up.
'wards, and no 'paint will be spared to. tor e entir
sattstbetion. Crape and -More.. famished free C:
charge. Beat Hearses and Carriages furnished 0.3
short nonce. Carriages furnished to fenerals
HESPENHEIDE, ‘•
• MERCHANT TAILOR
No. 50 St. -Clair Street , Pittsburgh
- Hayti* just.retinned from the Fast with all tt
latest atvlee of European Goodk. la now prepared
make them up in the Must la.blen and met Gun ,
hie manner tai his• customers mid .the nubile sene
thaoldon them for past favors and -hoping PE
new ones. at PitluEd 3:1) *lirtitYisU-DY .
ELENIM . G., ,, HALE, •
MERCHANT TAILOR,
Corner of Penvand St. Clair Streetil,
lisp now In stook' one of
. thelargent !uldinost vark',l
assortments of :.
Fall and!Wittthr,Goodst' - :: -
-, ...5
over inrounbt fin thtccttj. Htllst.ook. imbrues :2'l .
tbe Istess Pronob and $4044% ininnufantpres of
Gloths; Cuili4res, ItT ereoatini: sfi
ALo.
iYal line of GenVilrilinlAbsi 000 4 31-
:GENtung
. •
•
SCOTCH ''PEBI3I_,
SPEMAMES,
=I
wuutiinii To nuismi: TES 8IGI;
.„
,T08.,84LT. ET
DUNSEATH & HASLETTe.a
Ge FIFTH SIBEEII
p x r
=1
' • I
iiiiiig