1!1.
trrx AND SITIIIIRANII.
...eurt opened at nine o'clock yesterday
morning, when the case of , the Common
wealth vs. Lewis Lane, indicted for the
murder of his wife by poison was resumed.
The Commonwealth called, respectively,
Dr.l McNary, Alderman Joseph Butler,
William Smith, and Prof. Otto Wuth,
whose testimony was published in. the re
port of the previous trial.
Dr. George McCook was then called and
examined relative: to the effecte of arsenic
vi hen taken into the stomach.
Alderman Shore and Mis. Keefe were
called, and testified the same as on the pre
vious trial. 7
The testimony for the Commonwealth
here closed, and the case wasopened on the
part of the ~defence by Jno. C. McCarty,
Esq., in an able and eloquent manner; 'de
tailing a history of the case, and giving the
theory upon which the defense would be
based. •
Mrs. Keefe was then recalled and testified
in substance the same as upon the previeus
trial.
Court then took a recess until
.half past
one 'o'clock, at the the conclusion of which
the case was resumed and the following
witnesses examined :
Dr. Black was sworn and testified that
the prisoner called upon him and requested•
him to visit his wife after she was taken
sick, and previous to her death, but he did
not visit her. .
Mrs. Smith was called but refused to be
sworn, on account of a superstition. By
argument of counsel her testimony as given
on the former trial was admitted as evi
.denee, and read to the jury.
Mrs. Keefe was recalled and examined
relative to the location of the house in
which Lane resided.
117.11‘icKelvy sworn. Am physician at
the jail. „Examined Lane when he cause
in; did not make a. personal exination at
that titne ; have done, so since 'and found
him suffering from a secret disease, which
froth its eharacter I presume was contract
ed previous to the time he was committed -
to jail.
The testimony here closed, and before
arguing the case to thejury, Mr. Haines sub-
mitted the following points to the Court:
"That in order to entitle the Common
wealth to a verdict of guilty of murder in
the first degree there must be proof of a
ape - title intent to kill or set purpose to take
life; and the law will not presume this from
the employment of means calculated to
produce death, but it must appear from all
the testimony and facts in the case."
Mr. Haines then proceeded to address
the jury. His argument was an able and
eloquent otie, in which the testimony was
carefully reviewed and commented upon in
a learned, distinct and- conclusive manner
He spoke for over an _hour, and although
the court room was intensely crowded. his
remarks were listened to with breathless
attention, and intense interest by all pres
ent, and particularly so by the jury
to whom they were. addressed. He
called the attention of the jury to
two important points conneeted with
the case, which he asked then to
consider carefully, and upon which Ills ar
gument was principally , based, viz: the ab
sence of a motive on the part of the accused
1 to commit the crime for which he was in
s dieted, and being tried, and the fact that
he gave no theory or explanation as to the
cause of the death of his wife. These
facts he held were greatly in the prisoner's
favor, but, independent of them, he con
tended that the evidence, on the part of the
Commonwealth, was Insufficient to warrant
a conviction when the life or death of a
human being was at stake. In concluding,
he referred to the wretched and forsaken
condition of the prisoner, who was without
either money or friends, which, in the
name of humanity, demanded for him the
sympathy of every humane man.
Col. Duff, Ex-District Attorney, then
proceeded to argue the case for the Com
-1
monwealth, at the conclusion of which
Judge Stowe. delivered his charge to the
jury, as follows:
1 .
Gentlemen of the Jury : The testimony
I in this case having been closed, and the ar-
I gtiments of counsel - heard by you, it now
becomes our duty to submit such instruc
rtions upon the law as we may think have .a
bearing upon the issue you are sworn to
'try, and to make such other suagestions in
relation to the case as we may consider cal
culated to assist you in the investigation
you are required to make, as to the guilt
or innocence of touis Lane, the prisoner at
the bar.
The act of Assetnbly under which he is
-indicted, and for the violation of which he
is now on trial is, (so far as is material to
this case) as follows: "All murder which
shall be perpetrated by means of,poison, or
by lying in wait, or by any other kind of
wilful, deliberate and premeditated killing,
or which shall be committed in the perpe
tration of, or attempt to/perpetrate any
arson, rape, robbery, or burglary, shall
be deemedlo be murder of the first degree,
and all - other kinds' of murder shall be
deemed murder of the second degree, and
thejury before whom any person shall be
tried, shall if they find such-person guilty
thereof, ascertain in their verdict whether
it be murder of the first or second degree.' r
Youthus see that the law makes it your
duty toinquire not only whether the pris
oner is guilty of murder, but also to ascer
- as. I tain and return in your verdict whether
- Tainted.---MeatiLaspedor Hosack yester- 1 you find it of the first or second degree.
day morning arrested David Logue, a I Murder is committed where the act
huckster, and took him before Alderman I which occasions death is done deliberately
'Humbert, for vending inathe Diamond Liar- I and is likely to be attended with dangerous
ket tainted meat. The -same ,party was 1 consequences, for there the malice requisite
arrested on the day, before Cheistmaa, by. i to murder will be presumed, the law, infer
'Health Officer Williams, :for the same of; I ing the natural and probable effect of any
fence. "The fine in the case is $5O, but.; act deliberately done, to have been intend
owing to, the destitute circumstances, ot . i ed by the perpetrator. The wilful adminis-
Logue and his family, it'ae fine was ..i';.,, tratiola of poison, where death ensues, has
witted andlie was released upcni promising I always been held to be murder.
to refrain from such practices in-the future. 'I . Then, gentlemen, two questions arise:
' I First—ls the prisoner guilty of the mur
i der of his wife? and, if so,
Second-1V hat is the degree of the mur
der?
In considering the first cinestion you are
first to find from the testimony whether the
•wife of tale prisoner died from the effects
of.poison, and if such was the case whether
that poison was knowingly and intention
ally administered by the defendant. As to
whether Mr.s Lane died from poison, you
have the testimony going to show that abort
ly before dkmer of Thursday preceding her
death, Mrs Lane was in her ordinary
health—that shortly after dinner one wit:-
Giese says while she was sitting at the table,
and after her husband had left, she was
found by her sick, vomiting and purging
,and complaining of a burning sensation.
The evidence also Indicates that she con
tinued ill and grew worse from this time
on till ;her death on Saturday morning
abaut seven o'clock.
it is very clear that, if this were all, there
would net be sufficient evidence of death by
poisoning to convict. But you have the
evidence of Professor Wuth, a gentleman of
acknowledged skin in his profession, who
glvesyou the result of a chemical, analysis
of the stomaeh of tine deceased, clearly, as
be sage, establishing thea - presence of ar
senic in such quantity as would occasion
death,
if you should be satisfied with the cor
rectness Of -this testy:loony, there would
teem 'to be little difficulty in coming to the
concluelon that the deceased died from the
effects of poison.
If such he your finding, then, was it ad
ministered by , the defendant knowingly, or
taken by.deceased intentionally or by acci
dent, and ignorantly, without the interven
tion of her husband. 1'
Upon this or these questious—tor there
are several matters involved in the one
general proposition as to whether the poison
was criminally administered by - the pHs
oner to his wife—you must look at the evi
dence tending to show the domestic rela
tions existing between those parties In
regard to a good or bad state of feeling ex
isting on the part of the prisoner at or
shortly before this occurrence. Threate; if
you believe any were made, were calculate,l
to show that he had borne an intent to take
her Jife or do her a great injury—his con-
liousebilailding has received a fresh im
pulse from the favorableness of the weather.
Skating Park Managers unite at present
in saying "new is the winter of our dishon-
~~
' -
. . ---
~
I Ponce NeWS was scarce around the cities
yesterday. We wish . we contd say that of
ever • 'day. r
The amens of Drs. A. G. it J. G. MeCenci:
less Zll see in out advertisements dissolu
tion abd request.
'Some of the Croakers are predicting a
xicCly summer this year. A raildSanuary
is a bad sign, they say.
The RIFe and fall of water in the - Alle
•4zeny river left a number of flatboats and
W.rges high and dry aground.
The Pleasant Weather of the past few
days has "battled the weather prophets and
set at, naught the predictions of the Alma
.
The lower floor of the new building for
the Mpo of the Methodist Book Concern of
this city has been finished ready for °cm
pancy:N
There are "a great many men out of em
ployrment, and consequently a great dealof
distress ttroughout the vicinity at the pres
tent time.
- -
The Track of the Manchester Passenger
Railway between 'lsabella street and River
avenue. Allegheny, is being relaid with
intew rails.
Velocipedes are being used
into
introduced
- .Pittsburgh and will, perhaps, become the
age. In other plaNls this mania rivals
- r
ihat.of skating. - •
The Alieghetiv Councils will hold a regu
lar meeting next Thursday evening. It
- will be the last meeting of the body as it is
-at present coKtituted.
-Retail coal dealers looked a little black
yesterday. The warm sunshine worked
.unpleasant forbodeing zespeetieg the term
ination of the season's trade.
Choked atm.—John Collis alleges that
Joseph Orr committed au asUlt and bat
tery upon him by beating, kicking and
choking him. Alderman McMasters issued
.a warrant for the arrest of Joseph. •
• House Hunters have commenced their
rounds this week. There seams to be an
unusual number of them, but -
fortunately ,
there are, plenty of houses to rent. Rents
are on a stand sill, with a downward ten
dency. 1'
The Fine Weather affords our Street Com
missioners an eccellent opportunity to
relieve the streets of the mud which now
renders some •of them almost impassible.
Let the shovel and the hoe be wielded vig
orously.
•
Flned.—Mr. James Loughrey was fined
$3 by Mayor Drum yesterday for driving I
over the sidewalk on the West Commons.
Teamsters will learn after a while the-es
istance of an ordinance prohibiting this
.ractice..
An Owner Wanted... 7 A fine muff was
found in the Pittsbufgh market syesterday
morning, which is supposed to have•been
dropped by - the owner, who can recover it
by milling at the office of the Clerk of the
Markets and.preving property.
House Entered.—Mr. James Sprague's'
residence on Tenn :street, near Ilay, , was,
entered by:burglars on Wednesday even
ing, during -the absence of the inmates.l
"They failed to secure anything of
the'
g doubtless, to the return of the'
• family. sooner than they had expected.
Parties write to us for reference about a
Pittsburgh manufacturing firm having "for
sale the National Family Sewing Machine.
We do notknow any such firm or company,
and, of course, cannot reebmmend -either
their machines or themselves to the confi
dence of the_people. If the National Sew
ing Machine Company has any existence
here we are not aware of the fact.
Bear Meat for Sale.—Mr. J. F..Bellstein,
butcher, will.offer for sale at hisetall, No:
105 Diamond market, east aide, on this (Fri=
day) - afternoon and Saturday morning,
splendid bear, which is in admira:ble-condi
tion''for the table. He will also have for
sale at the same time a choice lot of beef
and meats of all kinds. His customers
and the public generally will please bear
this fact in mind.
Friendship Hose Company—At a meet
ing of the Friendship nose Company, held
at their headquarters- in the second erard,
Allegeeny, the following -officers were
elected for the ensuing year ; President,
James Hunter; - Vice President, Alex. -Gib
son; Secretary,-Charles Jeffries; Treasurer,
H. R. Davis; Foreman, John Hunter;
First Hose Director,James Hunter; Seoond
John Orr; Third George Villiamison;
.Fourlb, Allen Richey; Plug. Guards, Alex.
Gibson, N. Sels.
S. M. Wer A; Co., at the Keystone Pot;< ,
tery, No. 30-. Liberty street, have on hand
a larger -stock and better selection ,of
tine'ensware than can ..goe folcd in any °thee'
establishment west °lithe llegheny moun
taina. As -they manufacture their own
.ware every piece is warranted to be just'-
what it is represented, and it us certainly of
a much-finer quality than the Game class of
ware manufactured in the Dipt. The cus
tom of making queensware in gilt, -which
has become so, fashionable of late, is done
to order at their establishment - An the high
est style of the art, and at very renson.able
rates.
Larceny.—Mr. Charles 'Fairman, clerk
...an the wharf boat crf the Parkersburg Line
.of steamers, at the wharf.; called at the
Mayor's office. and stated that a let of dry
hides had been stolen from the v.intrf en
the night previous, and that he • suspected
Miiler.as the party who had com
initted the theft, and that the hides were
.concealed in Prank Weygantirs house on
Water street, Warrants were issued and
placed in the. hands of officers Moon and
Ilerron, who visited Weygandtlis house,
where they found Miller and arrested him,
and alse found the hides concealed in the
cellar under the hack part of the house. A
warrant:was issued for the arrest of Wey
gandt, but he was absent from the city.
Miller will have a hearine this morning.
Samuel Ledder, a lad•about mine years of
age, met with an accident yesterday morn
ing which will doiibless teach him a useful
lesson ia.the future. He was playing with
a couple
, of companions on Wylie street,
11 , When a carriage drove along, to which the
boys caught "on behind." By some means
Ledder missed his hold and fell to the
ground in front of a. light spring wagon
which was being driven a few feet behind
the carriage. The horse stepped upon one
of his arms aud both whiels of the, wagon
passed over his body. Ere was taken to his
residence near by, *limit was discovered
that bls injuries, though severe and painful,
-were n
that he was not l killed.
Ot dangerous. t seems almost a
..,,inijraele
Another Lessou.
THE LilE MURDER-CAM
duct after her sickness began, and his
treatment of her till her death, as also his
conduct afterwards.
You should also not forget the evidence
offered as to the dying declarations of de
ceased, that she had not taken anything
herself,- nor had her husband given her
anything that she knew of to cause her
death.
If this is reliable, and you believe the de
ceased spoke the truth, it stablishes be
yond a peradventure that tl e deceased did
not commit suicide, becau e in that case
she of course -would have k own it; and it
shows that she was not awe that she had
taken poison.
Then you are to consider hether or not
the fact that she did not kno - she had taken
poison, tends to exculpate th prisoner.
Would or would not ' sht be likely to
know that her husband had oisoned her if
he did so? Would he be likely to tell her,
or allow her to discover it, ill his object was
to kill or injure her? Do poisoners let
their victims discover, if it d t an be avoided,
that they have, or are about o poison them
or destroy their lives?
These are matters for the most serious
t i )
consideration of the jury.
Then you aite also to co eider the testi
mony.showing that the prix ner had poison
i t
about him when err sted,l such as was
found in the body of eceased, the attempt
made to conceal or de roy it in the office of
the jail, and, in shor ' evettlhing tending
to throw light upo the transaction both
.
(:
for and against the risoner., :
There is no mor horrihle crime than
murder by poison— nd the law, therefore.
imposes - for its co mission the greatest
penalty in its powe —death.
1 M
Against violence ma May, to a certain
extent, be able to gua d. I He can avoid
danger when he k ows it exists, by keep
ing away, and who the attack comes, he
generally can, ins me way or other, if not
prevent, at leaSt r Ist, and stand a chance
of avoiding death. But the poisoner,gen
erally chooses his t me, and almost always
may administer the fatal dose in whys and
under circumstances which will keep the
victim in entire- ignorance of the act, and
while the result may lead to suspicion, no
.
absolutely • conclusive evidence can ire- to four months. ..d a, _rag!_ The defects in Le.,
fluently be obtained of death by Poison was about ten days. The average cost to 1. It was not e_.
filed by the Attorney Gen
without a chemical analysis of some of the our treasury was. thirty-eight Cents, each, oral nor by any one having authority to act
contents of the body, or parts of the body, or less than four cents perda.y. In addition i for him in this behalf. The attempt to make
itself after
-death.: It is this that gives so to cash contributions, we had donations of
much importance to the evidence of Prof. groceries, meat, &c., to the value of almost the consent of the District Attorney of Al-
Ruth in this case. It is for you to say $5OO. Deducting the value.of bedding, &c• leglieny county answer the purpose, is
I futile. He has no authority to use the name
whether it is reliable and satisfactory, as it left on hand, $lOO, wet have our total ex-i of the Attorney General' for any such pur
appears to be. penses, $1,046 43, or xy-on cents eaeh, : pose.
The evidence here is entirely circum- or six cents per day. .
stantial; ,that is, there is no positive or di- , It *lll be seen that abont one-half of our ! ..
' 2. It does not specify the grounds upon
rect-proof that the prisoner aduainistered 'cash espouses were met by those who when : .
as
the general allegation that the respondent
n "usurped" the office of Justice of the
poison to his wife. But you are asked to they came to us had not the means of 'pro- Peace with sufficient particularity under the
infer this from all the proofs in the cause. curing a night's lodging. Hing Febru- fas a admitted, and
To do this, you must take the facts satis- ary, March and April the- average. was ,Its contains allegations in reference to
factorily established by the evidence, and about two hundred per day.
then see, whether or not, they are all Lem- When the home was opened the city was Robert MeAdaine having been elected in
1868 to the same office, and - that he defies.
sistent with any Other reasonable hypo the- full of men out of employment, many corn- it, which are irrelevant and immaterial,
sis. If you find such to be the case, and in here and finding no work, running out making the suggestion in the nature of a
they carry conviction In your minds beyond of money, no friends in the city and no
a reasonable doubt of guilt, you will then means of returning to the place from contest between the respective parties,
claimants to the office, and not a simple
convict. If not, your verdict should be not whence they came. To all such the home j inquiry as it should be in this proceeding,
That
was open. . as to the right of the respondent alone.
guilt
That reasonable doubt must be one fairly ' At first many remained three or four But upon the merits, as we understand
arising under the proof and not some fan- weeks before work could be obtained for the facts of the case,
there is no cause
cied -or imaginary doubt which .may be them, and at this time we received but lit-a shown to issue the writ asked for.
conjured up by an excited imagination or from our - inmates for board. But after The respondent was duly, certified by
alarmed fancy. , few weeks experience we found means of • the officers of the election, which was a
If the facts lead you to a conclusion of Providing employment of some kind for proper one for the purpose of electing
guilt upon which you can fairly and consci- about all hop were able to work; and as a Justiee—that he was elected to that office,
entiottsly rely as to its correctness, that is e s oon as they mmenced to receive wages, in 1867; and he accordingly received the
endugh. If not, and such a conclusion can !if they remained, a charge was made for commission which he is now acting under.
not be arrived at, as already suggested you ' their board. Employment was procured This is the prima facie written title to the
should acquit. t ; for about four hundred. About thirty who office .and can only be set aside, as said by
If then, you should not be satisfied that were seriously ill, were sent to Passavant's C. J. ' Lowrie in Kerr et al. vs. Fry et al.:11
Henrietta Lane died from the effects of Hospital and the Soldiers H ome, and as Wright, 296, by a contest in the forms pre
poison, or dying from such cause, you many more, who, by reason of old age or scribed by law. The form Is prescribed by
should not be satisfied that the poison was sickness, could not hope to obtain a liven- the Sd section of act 21st, June 1839, to be.
knowingly and intentionally administered hood here, were sent to their homes. upon complaint of fifteen or more qualified
to injure or kill her by the prisoner, it is About two hundred were supplied with Voters of the proper township, ward or
your duty to render a verdict of not guilty, clothing. It is a fact that all will remem- borough, of an undue election or false re-
But if you find that she died from ,the ere ber, that street begging by men was entire- turn, (which latter we gather from counsel
feets of poison, then you proceed to ascer- lv stopped while the Home was open, is the allegation here), filed within -ten
lain and fix the degree of murder* as re- whilst lust before the city was filled with days after the election, in the Prothono
quired by the statute. . men who were compelled to beg, although tary's office. So that assuming) (as we do
The statute says "murder by ixesois shall able and willing to work, and night after from our understanding of the facts in
be deemed murder of the iirst degree." night the Mayor's office was crowded with this case), that there was au authorized
And while it may be that in some cases those who had nowhere else to sleep., election for the office of Justice at the time
the jury might be justifiable in finding, a - , A prayer meeting, under the auspices of
Reed was a candidate and declared elected,
verdict of murder of the second degree, it the Y. M. C. A., was held in the Home this. proceeding cannot be sustained, even
I would only be . where the jury believed every evening, from nine till ten o'elack. if it is true, as the complainant's counsel
from all the evidence that the pers'o, u , Appropriate - services were altio held every alleges, that some one else than the re
charged did not intend to kill. Where 'ea.!! Sabbath. The wtendance at these meet- spondent actually received more votes for
der by a known deadly poison is shoWn, he office than he; and that therefore the
: trigs was large, often numbering, more than
the presumption of law is, until evidence ie , three hundred at the meeting, and the ae- : eturn made by the Judges of Election
- ehown to repel such conclusion, that the ire: : gregate attendance exceeded eighteen thou- , as false. I can only add that if it were so
1111
tent was to kill. : sand. . hat this proceeding could be sustained,
In this case, then, you have the act of In agMn opening "The - Home" we would nd that thereupon v, - e were to declare the
Assembly, saying that "murder by poison appeal to the public for money, provisions, commission of : respondent yold, this
ie of the firsedegree," and you have, even clothing, and finch things as we may need. would not, so tar as I can see, avail Mc
taking the intent to take life 'as the
rite -
Pro% isions, clothing, etc., to be sent to the Adams, because, at all events, while the re
rion, toe common law and common seuee Home, 2.34 Penn street, and money ,to 'the sex - indent held his commission there was no
conclusion that the willful and malicious Treasurer, T. K. Cree, 26 Fifth street. e vacancy which thepeople could fill by an
administration of poison in killing- Tien- - _______......----- 'ej 'election, and therefore the election of Mc
tity, is proof of an intent to take tile. . . Fire Alarm Telegraph. ! Adams was a nullity, and could give him
Upon this point we do not hesitate to see' Through the co_urtesy of Nit —Paisley, Su- :no right to act Ilse', Justice of the Peace.
to you in full realization of the magnitude Tee rule to shove cause is discharged.
uerinteudent of .the Fire Alarm and Police
of the question here involved, that if you • .- ........r.______
• Ainusemenes.
are satisfied that the prisoner murdered his . Telegraph, we have been furnished the fob- )
.
wife by means of poison, there can be, as . lowing report of the workingeof that insti- OPERA Hotes.r.—The "Cricket on the
it seems to me, no other rational cone u- i tution for tho past y ear for publication,
Mon than that be is guilty of murder in the ;which Hearth" was presented at the Opera House
contains matters of general interest:
first degree. to a delighed audience. Mr. Couldock's
In saying this much, we do not wish you dirt OE' FIRE ALARM AND POLI . FE (
Caleb Plummer is unapproachable, and his
to understand that we' are deciding this TELEORAPII, Pittsburgh, Jan, I, 1%9. s
bte Members of the Committee ang liter
d sustains the role of Dot with
question for you, but simply soleuinly ex- To the Mono a . .
pressing to you as we have a right; and in equal ability. The members of the stock
this case believe it to be Ouesluty to do, our GENTLEMEN: I herewith present my on Fire Alarm Telegraph
company in the cast sustained their par
own! well considered opinion upon this annual report of the workings of the Fire Ocular roles in a highly satisfactory man
ner. To-night Mr. and Miss Couldock take
question of the degree of murder of which Alarm Telegraph for the year ending De
you Should rind theprisoner guilty, if you comber 31st, 1868. Diving the year one a benefit, when the Vest Boy" an'tl "Ctdm
should convict him at all. But this ques. hundred and thirteen alarms were received •
tiou, as well as every other upon which you at the Central Office as follows: nee Corner" will be presented. .
PITTSIIEROU tHEATRE—The celebrated
are to pees, are freely and fully submitted ' so. or mow. on Loss. Incur- Foam (..,
to you for your determination. . Alarms. Bell. sane. Alstwt `... re gory Combination Troupe continue to--
draw crowded houses at the old Theatre.
v 14 r+*.' #f t, 3-in $ 5 505 1
Yon are sworn to try the cause according jan""r-
Fatornary ... 11 344 1211.715 , 66. Their entertainments are of a versatile
to the law and the evidence, and thle,l need m.reie . ..... 11 479 1'2,175 - 7,355 character and highly • entertaining. Their
scarcely say, it is your most solemn to robatic and gymnastic performances are
301 30 1, 72.400 . ac
do, regardless of feelings or prejudice, rec- itprll ~.. 1 4(41 . ,T , 1,9'.43
5tar......
. '.. 4 3.:4 ' 1.05 • 1.1'2.1 • truly wonderful and exciting, and the min
ognizing and regarding the law &staid down August..-..- la 341 • Cron
by the Court,' and for yourselves applying t e
t eem e. Is „. 21 . 37:, • 2i ,j• iature circus ishighly amusing.
b .I - 4 110 ' us r '"• ; .' I MusEum.-Burnell Museum continues
it to - all the evidence in the cause both for October in • 414 ' 15.U.'91 12.154.1 „. 1
and against the prisoner. , There can, of Noember..; 11 ,:n : 1: , ',% ,i7,;.q.-. to attract the ladies and children to Frank
course, be nothing come before a judicial De " elub". ' ,' 1 _ _____ _ _ _ lin Hail, Fifth avenue, in large numbers.
tribunal soimportant as a trial involving Total 113 -1.417 52.42.1b 4 1 11111,11;.4911 . 3 The collections of natural and artificial
curiosities is a mbst excellent one, and new
life, and in proportion to the magnitude of I Two men and one girl sutliocated by !ex- I attractions are added daily. So..numerous
'the jury bolts to the law and the evidence, I plosion of fire works ,at • the store of are the attractions that we will not attempt
and their stern resolution honestly and Knabble tic Schrock, Smithfield street, on,• to detail thein,.but advise our readers to
fearlessly to perform the duty devolving January 18th. _ visit
r.the museum and see for themselves.
- upon them. This we expect you will do in May Ist, two men scalded at a fire on Adis ..; •
'E.I.LOOO 8 CONCERT.-0111' people
this case. If a careful consideration of the Mulberry alley, Twelfth ward..
evidence should 'result in your conclusion The largest fire of the year was that' are noxiously awaiting the two grand.
of Clara Clarn Louisa Kellogg,which are to
that the defendant Is not guilty'of mall- which occurred on February 9th, destroy' F
iciously poisoning his wife, you must of big the buildings of A. H. English & Co. beertlleld at the Academy on Wednesday
and Thursday evenings of next week and
course acquit. But if, on the contrary, it on Fourth avenue. for which the sale of reserved seats will
should result in the conviction that the During the year the telegraph has been
•
prisoner did adminis‘er poison to his extended through the Fifteenth and Seven-take place tomorrow morning at Mellor'
wife and that thereby he intended to kill teenili wards, as far as Forty-eighth street; Music store, SI Wood street. These eon
and did actually kill her, as alleged by the also through the Thirteenth ward as far as eer . ts will be the musical occisions of the
Commonwealth, your verdict should be Miner street, and through the Fourteenth S eason '
guilty of murder of the Lieu degree. And ward as far as Brady street, requiring 1401.1313
we will not insult the honesty and integ- sixteen miles of wire. ! :
ritrof this jury by supposing for an instant There has also been additional alarm :
that they will so far forget themselves as boxes located in the above wards, and one
to violate their oaths and trample down gong placed at the corner of Forty-hart add
the law of the land by refusing in suet' case I Butler streets for the use of the Lawrence
to fearlessly, though it may be' reluctantly, Fire Company.
render such verdict as may be in accord- 1 Apparatus for striking 1)011 in the Seven
ance with the requirements of the law, teeuth ward has been ordered and will
regardless of what may be the ultimate i soon be placed In position. Also, Strikil g
esusequenco to the prisoner. for the Twenty-third ward bell, which will
If you are not satisfied of the prisoner's' iby ready as soon as we have our - line a= -
guilt, in the mime of justice- bid him go tended to that district. ----
tree, but if you are satisfied that he is guilty A police dial is now located at the corner
of this charge laid against him, we call I of Thirty-eighth and Butler streets, non g
uPon you equally in the name of justice, to communication with this office.
vindicate the majesty of the law. ' During the year three hundred and fif-
If your verdict is not guilty you simply I teen police messages were sent and re
. say so; but if you find a verdict of guilty ceived. ~ • .
of murder, you must say whether it is I The total cost of running the telegraph
murder ofthe fine- or murder of the second for the past War was eight lb Institut telegraph
degree. j hundred dollars. This includes all ex-tem
At the conclusion - of his -charge, Judge sions of the lines. .
stowe said he had inadvertently otnitted to I Water pipes having been laid in a pertion
notice a point made by the prisoner's coun- j of the new districts, I would respectfully
sal, and he would answer here.
The Court are requested, 'by suggest that our lines be eetended on Fifth
as far es Craft avenue, and on Second ye
counsel for
the defensee to charge the jury, "That, in nue as far as the Copper Works. with - the
order Go entitle the Commonwealth to a requisite uuniberof alarm boxes connect
verdict of murder In the first degree, there ed thereto.
must be probf of a specific intent to kill or In conclusion, I desire to return my
set purpose 'to take life; and the law will j thanks to your Honorable Couunittee, to
not presume tills from the employment of Chief Engineer Hare, Fire Marshal Mur
to produce death, but phy and my Assistants, George Wilsod
3 an n d
means calf latecl
it must app r from all the testimony or John 11. O'Connor and John A. FloYd)
1,
.
facts." - also to the officers and members of the Fire
Our answo to this point is this: I Department for valuable assistance and in-
The use o such means is not condi/sive, formation.
but you are to take all the evidence hi the 1 .A.ll of which is respectfully submitted.
cause, inducing the means used, and de- 1 gAMUEL T. PAISLEY,'
duce your ; own conclusion as to what the 1 ''" Superintendent.
Intent actually was. Bat theantent to take i ,
life is presumable from the deadly . nature 1
of the weapon or means used, whether that
is a deadly weapon or a deadly poison.
If you believe from all the evidence and I
circumstances In the cause, that the intent I
with which the poison was given was not
to take life, but simply to do great bodily
harm, the grade of murder will be reduced
from murder in the first degree, to mur
der in the second degree. But in the ab
sence of circumstances and evidence in
the cause which - will induce you to believe
that the poison was given with intent only
to do great bodily harm, the law presumes
an intent to kill, from the malicious admin
istration of a deadly poison, such as arsenic,
in doses sufficient to kill.
Court then took a recess until six o'clock.
in order to receive the verdict of the jury,
if they should agree. At the appointed
time Court convened, but as the jury had
not agreed upon a verdict, Court adjourned
until nine o'clock this morning. ••
•
The Home for Destitute Men—An Appeal
fur Aid.
At a recent meeting of the "Home for
Destitute Men" Association the following
gentlemen were elected officers po serve
during the ensuing year, With power to
4dd to their number: T. H. Babe, Presi
dent; W. Vankirk, Vice President; T. K.
Cree, Treasurer; R. C. Miller, Secretary;
F. Woods, 'T. J. Gillespie, John G. Holmes,
George B. Logan, James D. Carlisle, Di
rectors.
Mr. Cree, Treasurer of the Home, made
the following report:
The sum total of our expenses from Feb
ruary 20th till July Ist (e2.cepting the sal
ary of a Superintendent and part of the
time of a watchman, which was paid by
our President,) was $1,16322, of which
we received for boarding from the inmates
of the Home $516 79, leaving the expenses
to our treasury e 646 43. We had during
the nineteen weeks we were open 1,700 per
sons, for periods rouging from one night
-nthr The average time of each
Fcrirteenth Ward Justice of the - Peace
Case-44,n0 Warrant° Refused.
The following opinion was delivered by
Judge Stowe in the Court of Common
Pleas, upon the application of Robert Mc-
Adams for a rule to show cause why a writ
of quo warranto should not be issued
against Ralph Reed.,
The petitioner was represented by F. M.
Magee and respondent by David Reed. _
OPINION OF TICE COURT.
This is a rule to show cause why a writ
of quo warranto should not issue
against Ralph Reed, a Justice of the Peace
duly commissioned by the Governor, to
show cause by what warrant he claims to
hold said commission, and exercise the au
thority of Justice for the 14th ward.of Pitts
burgh, late Oakland Township.
It appears from the statement of counsel,
that respondent was a candidate for Justice
of the Peace for Oaklanl tp., in the sprin
of '67, and was returned to the Froth° t .fry
as having been duly, elected, and in due
course received a commission from the
Governor. It appears, also, that on the 13th
of Oct., 1868, another election was held by
the citizens of said 14th ward; for the pur
pose of electing a person as Justice in the
place of respondent, upon the assumption
that he was not entitled to hold the office
of Justice for which he held said commis
sion. and that at the latter Robert McAdams
received a majority of the votes cast,and was
duly certified and returned as elected, and
upon application to the Governor for a com
mission, it was refused until there was a
judicial determination whether the respon
dent was entitled to hold the office he
claims under his commission.
The suggestion for the writ of quo war
ranto is insufficient in every respect, but
at the instance of the counsel for both par
tics, we have consented to dispose of it
under the facts agreed upon so as top ut
the question at rest, assuming everything
to be done which could be done by alloW
ing amendments so as to conform to the
facts agreed upon, and treating the case as
though it was filed by the propel party
viz: the Attorney General.
- lects in this suggestion are :
A Domestic Difficulty.
William Boyd and his wife, • colored resi
dents of the Fourth ward, Allegh.eny,
,suc
ceedeffin turning Poplar alley into a very t
popular alley yesterday on account of one
Of their little domestic misunderstandings.
It seems that William wished to enter his
domicil, but was prevented from doing so
by his spouse, who had locked the door
upon the inside and defied hini. Placing I
his foot in a rather ungentle way against
the door it gave way and in he 'marched,
but not aS a conqueror, for Mrs. Boyd see
ing the.battle going a little adverse to her
seized a huge billet of wood and *alarmed
William so much by her menacing attitude
that he quickly beat a retreat. Attain he
renewed the attack, only to be defeated
again. Finally, after a, very respectable
i
I delegation, of all ages, classes; sexes,
creeds and colors, from all parts of the sur
rounding neighborhood , had assembled to
witness the affray, William, doubtless
feeling that "discretion was the better part
of valor," accomplished a brilliant strategic
movement and secured the services of the
police, by whom the Amazon was conveyed
Ito the Mayor's Mike and locked np. The .
affair was finally compromised last even-
I lug, and the twain departed, each however
in different directions.
Oriental.--Get one of the Oriental Base
Burning Stoves, the best and most hand
some stove ever invented. Demmler Bros.,
No. 126 Smithfield street. 2.
Abic your Grocer for -marvin's superior
Spiced Jumbles. a eod2w
A Colored Difficulty. .
Miss Lizzie Bloke, a colored damsel and
.resident of Water Alley, Allegheny, had
two lovers on Tuesday evening. Alder
.
man Hays had two informations for assault
and battery before him:Wednesday morn
ing. The lovers and the informations are
thus connected : Tuesday evfning Mr.
Johnson called to accompany Miss Lizzie
to church. A few minutes later Mr. Samp
son dropped in to escort her to a terpricho
reau entertainment. The lady after due
consultation decided in favor of the strong
est gentleman, Mr. Sampson, who was
about to bear her off in triumph, when the
chagrined Johnson delicately . caught hire
by the hair. A row ensued, in which all
parties were pretty severely handled, the
lady's aunt, Mrs. Collins, also coming in
for a share. The next morning the infer- .
mations, as stated, were made, and the
parties - held for a hearing.
It is a lu.tury and - a comfort - to bathe,
shave, or have your hair cut or dressed at
the elegant establishment of H. B. William
son, No. 190, , Federal street, Allegheny.
Try it. F
Ask your Grocer for Marvin's superior
Spiced Jumbles. eod2w
The place to get White Lime, Calcined
plaster, Hydraulic Cement. is at Ecker It
Caskey's, 167 First street. ',
Kenwood Boarding School for Boys,
Four vacancies on January 6th. Apply tc.
Rev. J. P. Taylor, New Brighton, Pa. 2w.
Asic your Grocer for Marvin's superior
Spiced Jumbles.eod2vl
—President Johnson Bays (in a message
to Congress) he derived his authority to
issue his Christmas Amnesty Proclamation
from the Constitution, and that precedents
therefor are ample, extending back to the
earliest days of the Republic, Washington
having granted amnesty V) the whisky in
surrections in Pennsylvania.
MARRIED:
WALKER-FISHER-At the Parsonage of the
First Mei h"dist Church Allegheny, on the evening
of the 6th inst., by Rev. H. B. Knight, Mr. JONAH
WALKER and miss SUSAN' FISHER, all of Alle
gheny. '
FRESHWATER-McKELVT- n Thursday. Jan
uary Itb, by theßev. A. D. Clark. D.l)
_._ Mr.
JOHN W. FRESHWATER and Mrs. SARAH Mc.
NELVY, botn of Allegheny City. •
BAIRD-CRAWFORD-On Wednesday evening,
January 6th, 1860, at toe residence of the bride's.
parents, by the hey. J. Scrborough ,
13AIRD. of Philadelphia, Pa.. and Miss MAGUIIf,
L. CRAW FORD, daugb ter of John Crawford, Esq.,
of Pittsburgh. L.&
(Philadelphia papers please copy. 3 •
• • DIED.
KIRKPATRICK—On Tuesday evening, sth inst.,
at his residence, "Oakland," Westmoreland coun—
ty. in the 74th year of alsage, Rev. DAVID EIRE.
VATIIICK. D. u. later of lion. John Id. and IVll—
KirkpaislckEsq. , of this city.
UNDERTAKERS.
... _
4L4F G
EX. AIKEN' UNDERTAKER"
No. 166 FOURTH STREET, Pittsburgla,, Ps,
INS of all kinds, CRAPES, LOVES, and ev
ery description of Fun.ral Furnishing Goods fur.
utshed. Rooms open day and night. Hearse and
Carriages furnished.
REFERENCIA—Rev. David ICerr, D D. Rey. M.
W. Jacobus, D. D., Thomas Ewing, Eetl.: Jacob H.
Miller. Ken
QHARLES &PEEBLEStiItiDER•
TAKERS AND LIVERY STABLE cornet at
d DUSKY STREET AND CHURCH VENUE.
Allegheny City. whnre their COSIFIN ROOMS are
constantly supplied with real and imitation Rose
wood, Mahogany and Walnut Coffins, at prices va
rying from $4 to *lOO. Bodies prepared for inter
ment. Hearses and Carriages furnished: also, all
lands of Mourning Goodd, 11 required. Office open
at all hours, day and night.
MOBERT T. N RODNEY, UD ERA.
TAKER AND E3IBALMER, No. '45 OHIO
EET, Allegheny, steps constantly on hand ti
large assortment of ready-made Coffin* ..)f the fol
lowing kindi: First, the celebrated American Bu
rial Cases, • Metallic Self-sealing Air-tight - Cases
1 and Caskets, and Rosewood, Walnut and Rosewood
Imitation Coffins. Walnut Coffins from $25 up
wards. Roeewood Imitation Coffins from $5 up-
wards, end no pains will be spared to give entire
satisfaction. Crape and Gloves furnished free of
I charge. Best Hearses and Carriages furnished on
I short notice. Carriages furnished to funerals { *4.
- -
GEICIILIZE
SCOTCH PEBBLE
SPECTACLES,
WAORANTED TO .IMPROVE ,THE 818137
FOB. BALE BY
DUNSEATH & HASLETT.
56 FIFTH STREET.
HENRY G. HALE, ,
MERCHANT TAILOR.
Corner of Penn and St. Clair Streets,
Has now In stock one of thi larkest and mock varied
assortments of .
Fall and Winter Goods
ever broncht to this city. His stock embraces al
the latest French and English manufactures of
CLOTHEFOLBECIMIES AND OVEROUTIFIGS
Also. a this line of Gent's Furnishing Goods
NEW GOODS.
FORA STYLISH OVERCOAT.'
FOR A STYLIsII DRESS COAT.
FOR A STYLISH SUSI N ESS COAT.
ROli A STYLISH WALKING COAT,
FORA STYLISH PAIR OF PANTS.
FOR A STYLISH 'VEST OF ALL KINDS,
For all the latest styles cut clothes, made of the out
material. and by first.class workmen. and at prices
Fuu o r r isingly low, go to the well known Merchant, r
W. HESPENHEIDe
' NO. 50 ST. CLAIB STREET, now Sixth.
nolB
THUS. F. DALE, M. D....- ....R. S. SLITTON. M. D.
THE UNDERSIGNED HAVE AS
SOCIATED themselves together for the
PRACTICE OF MEDICINE
01lice, No. 19 S'POCKTON AVENUE, Alle_gbeny
city. THOS. F. DALE, M. D, •
11 4313.a1R ii. N. SUTTON. M. II,:
00090/
Po T urV7:
. -
CHOICE NEW yALENCIA". (Cooking) RAISINS,
' Be-6 pounds for $l.OO.
At the Original
RF.O FRONT TEA WAREHOUSE.
114 Smithfield street, opposite Custom House.
C. A. BOUCHER
000, 5 — ro F nd l s V E THOESAND
CHOICE NEW -ZANTB CURRANTS,
•
-W7 Pounds for $l.OO.
At C. A. BOUCHER'S
• ItF.L) FRONT 'TEA WAREHOUSE,
114 Smithfield street. •
000 rf a
a —
N ° e.w N et , i ' led
003—Fire Hundred pounds hew Candied Lemon
reel at 45.. per lb.
005—rive Hundred pounds new Candied Orange
Peri at 45e. per lb.
At C. A. ROUCH EiVs
RED FRONT TEA WAREHOUSIO
114 budthtleld street.
PERFECTLY PURE SPICES. OF
ground in the store. and sold by
weight. No uackace trash labelled Spices sold at
the Original Red Front T. a Warehouse.
C. A. ROTICHYR,
114-Smithfield street.
RED 11011
_,RED 1110TII-EIGHT
varieties nrCOFFEE roasted' dally, Fnd Fold .
KED HOT, at 95c., 2sc., 30c , 33c., 35c., 40c.,
and 43c. ner Ib., at the
ORIGINAL RED FRONT TEA . WAREHOUSE ,
114 Etnithfleld st., opposite Custom Hou.e- ,
• C. A. BOUCHER.*
Gl-2 POUNDS WHITE SUGAR
1',..r $l.OO, at
C. A. BOUCHER'S
ORIGINAL RED FRONT TEA wAnznouss.
•
• 114 brain:Meld street,
Opposite Custom noose,
OVER: FIFTY VAIIIETTET . OF
TEAS, all grades and prices, reciting from
110 c. to 112.00 per lb.
All tastes can - he suited at
BournEws
ORIGINAL RED FRONT TEAWAREIIOI2I2I,
114 Smithfield ttreet.
tlels • OppOSIM Cuttmclio ass.
NEW GOODS.
THOUSAND