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13
Ctt littslntrgteGaltttt.
YUDLI3HED DAILY, TIT
PiENNII/LAN, REED iSr, CO„ Propi*ors
P. B. ANN-meal, JOSIAH HIND,
E T. P. HOUSTON. N. P. REBID,
Editors end Proprietors
OFFICE:
_BIIBETtE BUILDING, NOS; 84 AND 86 FIFTH ST.
.OFFICIAL PAPER
Of Pittsburgh. , and Alio
• gamy County.
Tema—Da/lb /feta- Weektir.l Keekty.
One, year_.so3.oo One year.s2.6o Single Cony. 41.50
One month 75 t Slx mos. -1.501 6 coßlea., eitenl.2s
By the week I.slThrce mos 76 10 • ' 1.15
(rrom center.) " ' =done to Agent.
THURSDAY, FEBRUARY 4, 1860.
GLENWOOD.. January 20, 18139,
farBIEETING.. OF REPUBLIr
CAH STATE CENTRAL COMMITTEE.
—Thee Union Republican State Central, Com
mittee will meet at HARRISBURG on THUM
, DAY.,THE FOURTH DAY OF FEBRUARY, at
TWOVclocir 'for the purpose of fixing the
- time and place of holding the next State Con
' Yentleii, and other appropriate business,
EAfullattendance is earnestly desired.
GALUSHA A. GROW,
Chairman of Committee.
Gito. W. HAMERSLY , l Secretirlea.
. J. R. IticAYEE,
yyE PIUNT on the inside pages of
Ate fribrlting.B GAZETTE—Second page:
.Sphemeria, Sunshine for Consumptives,
Romance in an Almshouse. New Frust
to be Patented, News Clippings, 6.c. Third
and Sixth pages : Financial Matters,
Home Markets and Markets by Telegraph,
River News. Seventh page: Birmingham
Council, Beal Estate Transfers, Railway
Subsidy' Policy, General- News limas,.
Amusement .Directory. - •
U. 8. Dorms at Frankfort,
PaTnowttras at Antwerp, 58i@59if.'
VOLD closed yesterday in 'New York
st 135 i.
Tim New Ydrk Legislature is trying
to discover a remedy for swindles peipe
trated.npon stockholders by railway man
agers. In England the true remedy has
been hit upon =in the form of an indiet
ment against OvErrant', GURNEY & COM
PANY for conspiracy to defraud the
,stock
holders. The consignment of a few of
theie_operators- to .State-prison would.
have a wholesome effect.
IT IS STATED that such of the private
papers of the late President Lrxcors as
have any public interest are to be given
to the world by his Executor, Judge
Dims, of the Supreme• court. When
these shall appear; we may safely predict
an unanimous pablie judgment that
there has been „Jitine, among the great
men of all time, the private record of
whose official or personal career would
more safely defy posthumous criticism.
BAD FOR FISK:
Prior to the ensuing March election for
Directors of the. Fort • Wayne Railway,
the present Board, acting under the legis
lative authority just -granted, will 6e
Classified into four equal sections, three
of which will hold over, the official terms
of the residue only expiring. This ar
rangement meets the views of all the
friends of the road, but not of those out
side parties *ho have recently organized
a raid upon the corporation. The latter
have been effectually beaten, and may as
well call off their dogs.
•
Losing the Columb,ns & Chicago line,
by the, prompt action of its stockholders
the other day, the next reliance of the
Erie clique of railway•snatchers, for a
thrOugh connection from the Atlantic
road to Chicago, was upon effecting a
combination with , the Fort Wayne and
Toledo and Wabash roads. This, they
have also how lost If they can secure
the Michigan Southern, they will be all
right after , completing a ne*link between
the Atlantic road and Toledo; otherwise
the new link must be extended all the
way to Chicago.
We will not dismiss the subject, with
ont congiatulating' the friends of the
Pennsylvania denttal and For/ Wayne
lines, : upon the substantial 'triumphs
which have thus attended their efforts. to
• resist a Combination,of speculators as un
scrupnlbus In their tactics as unfriendly
to this Central route in - which Pittsburgh
is so deeply inte.r,e l 44- ' •
••• !ADULTERATED OILS.
s , y 9 eterday yip, laid before our readers,
without comment, the 'text of -d bill intro
f dticed iittd ihe'lfonse of Representatives
by Etr•hicKinnrAD for the better pro
, tection of , life and property froin, tthsAn::
gets incident to
,coal oil, crude petroleum,
and the products thereof The oil men of
this cltYare `deCidedly...diipleased
• , 4 thillyilL
Beieral ' Ajectionn ,are vigedliflli
e oil
trade f to this. 9119 is, that - It was
prepared on mistaken grounds, intending
to provide against the repetition-of, the
horribl i e ettalkoPhe that rgeeritir UPPen
ed on the .ohio ;by the co ll iding Of two
steamboats 'Tfult destruction of life and
property was not occasioned by ti} fact
that the oil "was iidultirSted, but by the
circumstance that; in consequence of, the
cencoasion, barrels of oll'ireca-crnshid-Oi
thrown' into the furnaces ./Of
oil would have prodocell, staler results
if ikhad been treated in like manner.
Anotber objection is, that the iiispec.'
tionof crude oil is altogether unnecessa
-11, and can have no other result than to
provide offices and income to men who
might better be employed in some form of
-'productive industry.
A third objection is, that the bill allows
adti L lterated oils, when proved to be such, to
be sold- with a slight increase of tax. 'This
objection has great force. To allow by
statute bad oils to•be vended, is to make
the law an accomplice in all the mischiefs
resulting therefrom.. This suggestion Is
highly creditable to the trade.
A fourth objection is that it is wholly
unnecessary to have oil inspected here
which is destined to export; and this ob
jection is doubtless well taken. There is'
certainly no use of subjecting any traffic
to inconveniences when no good can be
produced thereby. All oil sent to Pairope
is subjected to tests there; and it is , well
known to the trade that it is useless to
ship oil that is below the tests.
A fifth objection is that' ,the bill would
impose upon the trade the cost of inspect
tion, without
. a corresponding benefit
Let us divide thin objection. If inspec4
tion should be provided by act of the
Legislature of this State, while ,other
States should not impose this expense,
manufacturers outside of Pennsylvania
would clearly have the advantage, The
coat of inspection might exert a strong
tendency to drive the whole traffic else.
where. - But an inspection' ordered by
the general government must operate upon
all manufacturers equally. Oar concep
tion is,' that so far as - the marketof this
country is concerned; the cost of such in
spection would not touch the producer,
but would fall exclusively upon the con
sumer, enhancing by so much the cost of
the article. In the foreign market, the
case might be different. It certainly
would be provided there were competing
sources of supply, or other oils of such
quality and at such rates as to make them
, substitutes. As to the additional seenritY to he gibed by inspection we cannot
white so confidently. If we were fully
acquainted with the details of the oil
manufacture and traffic, -we should be
Netter prepared to liazard an opinion.
But, we Mitt be allowed to , suggest
that much suffering is entailed and many
lives lost, every year, in this country, by
the vending of oil that will not stand fire
tests. It is probably not an bxaggeration
to say that more persons are killed
through this cause hi the northern and
western States, than fall under the hands
of - ordinary murderers and assassins. All
oil refiners know that in every case where
oil explodes, and life is sacrificed, some
body is as criminal as if' the death 'was oc
casioned by bludgeon, or dagger, or pis
tol. •If a wretch crawls into a dwell
ing in pursuit of plunder, and kills a man
or woman, either to accomplish the theft
or to make good his escape, the whole
neighborhood is aroused, the agents of
the law are put upon the chase, and re-
wards are offered to stimulate their activ
ity. Probably five hundred men, women
and children are assassinated through oil
explosions, in the United - States, each
year. These explosions all come born
adulterations introduced In order to make
paltry gains. is natural the people
should demand a remedy. /Every manu
facturer and dealer who adulterates oil,
and thereby destroys life, deserves the
gallows the same as any , other murderer.
The manufacturers maintain that the
adulterations complained of are not with
them, but with. the small dealers, who
add benzine to oil in order to increase
their profits. They allege that when sales
are made in large quant4ies buyers are
sure to protect themselves by ascertaining
that the goods will stand the test. There
is much force in this.. €Why, 'then, do
not the manufacturers prepare a bill that
will meet the case, and urge the passage
thereof into a law.? Something must be
done, and that efficiently. The people
ought not, and will not, allow the slaugh
ter to go on. -
ft a - meeting of the members of the
Petroleum trade, held in this city yes
terday—an account of which is given
elsewhere in these cofumns—suggei
tions were made for a I law to pro
tect citizens from-.the evils of adul
terated oils. We'are not prepared to say
that tiiese suggestions eufbody all that is
desirable or indispensable; but they con
tain valuable hints that Congress will do
well to take into earnest consideration,
,before passing - any-bill. whatever.
WHAT' IT WILL COST.
The last movement of the Congression
al rallivai lobby is to combine all their
interests into one omnibus' bill which, in
place of an Inge of government bonds
by way of subsidy as heretofore,
grants the Trfasury guarantee for the
payment'of six per cent. interest on the
first mortgage bonds of the componies
themselves. 'The projects", for ;which this
aid IF t.59x1 soycited, comprehend
,hoth the
piopdied Northern and Soithern Pacific
lines with bionehis; and the Completion
of
,tike froni its pres
ent subildized terminus tp stne point in
New Meil'cici where it would. join the new
roitte,thence td the Pacific.
Thts
omnibus bill provides for a total
of five thousand miles, and the Interest i s
to be guaranteed upon $BO,OOO per mile
ofihe company mortgage bonds. In other
*ordi, the 1 4 1 r.345ui7 is , asked to guaran
tee', an annual payment, by the compa
nies, 0f . 59,000,00 0 in gold, the Interest°
a'total of $150,000,000. ,
"It isnnderstnod, by allparties, that this
gdahmted toipequivalent to an actual
payment of this amiunt ftem the • Treas
ury for the three to Bye years which must,
in the most favorable aspect of the . inture,
elapse . before _ the roads completed can
earn enough to pay .eape4sesand , the in
terest. Even then; we cationly rely upon
the energy and integrity, of the several
companies in completing their work, and
upon the ultimate realization of the son
pine hopes of their projectors, for the final
PITTSBURGH GA2EI7E:
release of the Treasury from this aunt.
liability.
The first question therefore is: Are these
`roads likely to become self-supporting as
soon as completed? Next, and of still
more consequence for the people to con
sider: Does the present condition of the
National finances warrant this immeffiate
addition of $9,000,000 to our annual ex
-1 penses? Is it uriaWdably necessary that
/we should thus disregard the old maxim,
which says that one dollar saved is as
good as two dollars earned, and proceed
to tax the Treasury with this additional
burthen of a 81M representing the interest
upon $150,000,000 of our present debt, or
nearly one-half of one per cent. upon the
total of bonds now outstanding ?
It is very singular that Congressmen,
who find so much difficulty in agreeing
upon any plan to accomplish an object so
universally, desired as the reduction of
the rate of interest annually paid by the
Treasury, should have any favor what
ever for any proposition, at this time, to
increase it. The passage of this omnibus
bill, with its $9,000,000 of annual nisi
dies in interest, will be equivalent Aci an
advance of the interest now paid to six
and one half per cent., instead of the, re
duction which the people universally de
sire and have been led to expect.
- It is no question at all, of the benefit to
be reaped by the nation from the con
struction of these roads. The guaranty
asked for expressly contemplates the con
tingency of a failure, and we have not a
dollar to spare for any project, no matter
how bright its edges may be gilded, which
'puts that dollar at any risk whatever.
And no Senator or Representative, who
comprehends his just responsibility to his
constituents, will disregard the concurrent
popular sentiment ( against these applica
tions, by committing the National faith,
for an indefinite period of years, to any
liability for, with the actual payment
of, a large annual sum for corporations
which may never find it among their prin
ciples to pay the interest, nor for their in
terest to pay the principal of this guaran
teed debt.
If the public credit has any true friends
in either House, if 'there be either Sena
tors or Representatives who believe that
the only road to the honest payment of,
our present debt lies through its diminu-
Hon and not through its increase, the peo
ple will look to them to make the record
tell the whole story, by yeas and nays,
of the final 13u1 4 2ender of Congress to its
lobby. •
ARE WE READY FOR WAR! 4--
If not, how soon can we prepare our
selves? Howlong do the champions of
our wounded National honor propose to
defer that "settlement" •with England
which the pending treaty is to be rejected
for not accomplishing, and which is to be
satisfied only by a war at any rate, and a
conquest of Canada, if wo are not
whipped-oursOves ?
These inquiries should be of the deep
est interest to our people, yor they are
directly presented by the general drift of
opinion at Washington. The new Ala
bama treaty is to be repudiated expressly
upon the ground that England owes tons
something more thin the mere striking of
a balance in cash accounts—that she owes
us a National satisfaction for her un
friendly policy toward the Republic dar
ing the four years of rebellion. Becauie
rebel privateers were fitted out in her .
ports, destroying many of our ships, we
refuse to accept payment for these until
we are also repaid for greater losses to a
commerce which dared not leave port
while the Alabama and Shenandoah were
ravaging through the four oceans. We
want satisfaction for the injuries we suf
fered through the sympathy of England
for the rebel cause; for the moral support
which she gave to our enemies; for her
blockade running; . for her West Indian
harbors made entre-pots for rebel mate
rial of war; for the SLIDALL• and MASON
affair of the Trent, an insult which we
then submitted to, but can never tforgive
or forget; for the sneers of her aristocra
cy. the scandalous libels of her statesmen,
and for the exultation with which her
mercantile 'classes predicted the hope-
As downfall of American rivalry in every
part of the globe; because Great Britain,
in line wished fot our. Niaional . ruin and
closely trod • upon the narrow verge be.
tween, a formal neutrality and open hos
tilities in the, rebel. behalf, In order that
she might contribute, as powerfully as
safely, to secure that destruction. :Ilia
for these livings, Allahadowy Jana intan
gible, but yet of reality thatwas bitterly •
galling in their day, thatan influence, now
seemingly potentiti t tint Capitol, demands
a reparation which no figures can compass
'an4_, piymen't c a n satisfy-
If not forgiven or forgotten, those wrongs
can be redressed only by the last resort'
of nitiionti; ,4e 'we ready for that? It
Is the one single issue whicnis to be made
in the ratification or rejection of the
'Alabama treaty.. And the people should
ao understand it. • '
• ,
"ref As have peace!"
Importaut °Onion fro* Judge Kirkpat
rich—The Law Govertnng the Sale
and Delivery: of Personal Property
Laid, Down—Also the Law In Regard
to the Care and Custody of Personal
Property by a Bailee. .
Wei are enabled to lay before theread.
era of the GAzwrra -this morning the an.
. , .
nexed important and elabor ate opinioni
•
of his Honor Judge Sirkpatrickof the
District Court, in the Calle 'of Dasher &
'Wilson vs. N. J. Bigley',,which has been
.
on trial in this court for the past three
days, alto the fi nding of the jury, which
is elsew h ere reported in our columns
with o r court reports. We publish
the opinion, not only for its 'lndust°
merit, but also because it dodoes Stupor-
THURSDAY, FEBRUARY - 4; 1869..
tent principles and rules of law concern
ing familiarmatters, iu regard to which
there has been a great deal of misap
prehensionlin our business community.
The action was .brought by the plain-
tiffs, well known coal dealers, against
the defendant, also a well known mer
chant and citizen, to recover the value
of a coal boat and contents alleged to
have been sold nv the plaintiffs to the
defendantabout a year atro and valued
at about! twenty-four hundred dollars.
After the'sele end delivery, as the plain
tiffs allege, and before the boat was ta
ken away by the 4eferidaiit, an extraor
dinary "gorge" of ice occurred ih the
Monongahela river. by reason of which
the boat was lost. The defendant alleged
by way, of defence, that although there
was a sale, there had been no delivery of
the property In question, and that even
assuming there had been a deliivery, such
as the law required, "the plaintiffs had
been guilty of culpable negligence in
Weir care of the boat and hence the loss
occurred, and hence further, he should
not be held liable.
The charge of the learned Judge lays
down the' law upon both of these points.
The case was very ably and thoroughly
tried by. Robert Woods, Esti., for •the
plaintiftb and M. W. Acheson, Esq 4 for
the defendants. "
.GENTLEMEN or WEE SUET The facts
of this ease, which have occupied two
entire days in their submission to, and
argument before you, are sop voluminbus
and so recently given, that we will not
even allude to, much less comment
upon them. Neither duty, nor inclina
tion induce usi• to attempt it, and we
shall make no reference to them, other
than, as shall be absolutely necessary
in order to , a proper appreciation by '
you of the legal principles which 'we
shall submit as governing this case.
Whilst we,shall on all proper occasions,
and when judicial duty requires, claim
and. exert, to the largest extent, the
privileges of commenting upon, and ex
pressing an opinion upon the facts of any
case passing in review before us, we are
free to say from the bench, what
was always our opinion whilst
at the bar, that "It is a custom
more honored in the breach than
in the observance." Hence it is,
that in answering the various points
of law submitted to us by the learned
counsel respectively, as you have already
discovered, we have declined all points
requiring us, as we are of opinion, to
pass upon questions of fact, and we have
In answering these points left, as we
shall in this general charge leave, all
matters of fact to your determination,
and to your determination alone, where,
-in our judgment; they only and' rightly
belong.
We shall determine the law as it 'com
mends itself to'our best judgment, assu
ming all the responaibility and ansiver
log to our superiors for so doing. The
facts we shall leave exclusively to you,
who to a large extent are answerable over
to no one, and hence the greater necessity
upon your part, for.careful deliberation
and conscientious investigation before
you shall arrive at any and more espe
daily important and controlling conclu
sions. ;
Oar errors can be corrected, and for
this the law makes ample provision.
Yours, unless under peculiar circum.
stances, and in exceptional cases, are
above review and beyond control. Thus
much premised, let us proceed, as we
shall do, very briefly to the consideration
of the-legal propositions governing the
case.
Was there a sale of this boat from the
plaintiff to the defendant ? ' If so, was
there alse,a delivery such as lihe law re
quires of the articles from the buyer to
the seller? 'Beth are requisites. It
would seem tb be conceded—but this is
for you—there was a sale. The plaintiffs
have given you their version of it, the
defendant ilia The plaintiffs claim that
thus and so, were the conditions of the
sale, whilst the defendant claims that it
was something else. Do they agree sub
stantially, and if not, 'wherein do they
differ, and are the differences material
and vital ?
If these differences in allegation' and
proof are reconcilable, you must recon
cile them. If irreconcilable, you 'must
receive and believe what In your consci
entious judgment is entitled to belief,
and reject whatever and all else that does
not so com Mend 'ltself. As already in
timated, ypu are -"a law unto your
selves," answerable only to your own
consciencea for •all and whatever you
may regard as false, or receive as true, in
this case.
Again: the plaintiffs claim that they
not only sold, but delivered the boat to
the_ defendant. The defendant asserts
that they did not. We, the Court, are
happily relieved from all responsibility
of determining this question by the man
date of our awn Supreme Court, who, in
the case ofj Muse vas .R alston et. at., 6
Casey 542, say that whether in
a sale of personal property there
is such a delivery and change of
possession as the nature of the property is
capable of, j"is properly left to the jury
as a question of fact." We so leave It,
gentlemen.jsatistied that we cannot leave
it in safer hands. Mr. Justice Porter, in
the same_case, has well said 'that "the
question what constitutes sufficient
change of poisession to perfect a sale of
chattels, has been fruitful of litigation
here and elsewhere.. To attempt , a re
view of thel i cases is '
like
ike entering a wil
derness." n the same case the same
learned Judge says: , "If possible, the
delivery must be actual, and if the na
ture and bulk of the , article precludes
this, then it must be constructive." To
the same effect is the opinion of the
Court, below (Wilmot, J. P.,) affirmed
by the Supreme upon the appeal
for error. (for the reasons given by him)
in the case of Haynes vs. Hanzeker, 2
Casey, 68,14 which case be say es, . 1 !t. he re
must be suclua delivery and change of
possession,lattending. the transfer. as,the
nature of the property , is capable of.",
.The* same irule, gentlemen, is suggested
and enforced-by all the• teat and adjudi
catediaw which we' have been able to
ditioover bearing !upon that question of.
delivery, coming down to the case of .
Wenger vi—Barniktrt, 5 &MIA, ziaap 300
ed seq. (which is the . very latest , case 'id,
our reports upon this i subject,) and So
instruct vou as matter of law that'lldi is
the rule by which you must be;governed
In finding a delivery in thit case. • Put in
"plain Englishe'ilt means. this, and noth
ing more or•less, thild;bl constitute a de
itvery ,the •• sellerC, •Illeher and Wilson.,
must have done all Opt. they could have
done, leaving nothing for them, to do, in
erder to put the-buyer,. Captai
in possession of the , boat, and whether
they did, so or not is a question ~of fact
which, as I have already stated, is wisely,
left forsou to deOrmine. . We= tell you
simply what is necessary to done .lR
order to constitute a g ood and' sufficient
delivery in law; •it is for yea tp say
whether or not these things' have been
done, .and all theseessentials.
'plied with. If they, have, in yorir
Judgment, then =therewait a de.'
livery, and your verdict Must be for the
plaiutiffig if pot; your verdict must be for
.the defendant.. In so deteradylrig,,gen-,
,tlemeni yon must however; go, a .step
further and.considerthe character or the
article to be delivered. A man could not
deliver sblP_At sea as easily as a Wagon
upon land. Nor . could one deliver tim
ber Standing upon his farm with the
same care and completeness, so to speak,
that he could deliver a horse in his stable.
You must, in determining the question
whether all was done that could be done,
take into consideration the nature, char
aqer and bulk of the article, bearing
further in mind that these plaintiffs were
not bound—nor is it so contended—to re
move the boat, or take it elsewhere than
where it, was lying at the time of the
sale. In other words, it is not contended
that the plaintiffs were bound to take
this boat anywhere in order to give
the defendant possession; and, hence,
the only question for your determi
nation will be, did they do all that they,
could have done to give possession of her
as she there lay, or was there anything
else in your judgment that they should
have done in order to accomplish a per
fect delivery. If they left anything un
done which; in your conscientious opin
ion, they ought to haye done. there was
no delivery in law, and we so instruct
you, and they cannot recover in your
estimation; but it ,they did all that could
have been required of them upon
an examination'! of all the circum
stances, and ' taking into consider
ation the nature, character bulk, condi
tion and location of the boat, then they
are entitled to recover,, and your verdict
will be for them inl ech amount as the
evidence in the case Warrant& This we,
instruct you'is the true .test of delivery,
and by this test Yen will determine in
this regard and particular the !acts of
this Mee. i • . '. ; ,•• • • i
But even assumi n g, gentlemen, that
there was a sale and delivery, the defen
dant alleges that the boat was lost by the
negligence of the plaintiffs, in not .keep-,
ing her free from ice; and Anther, in not
keeping the upper or "second fleet," of
which you have heard se much, freed in
like manner;' and further, that ahe was
lest,.or the loss materially contributed
to; by being hicated too far below the
upper abutment orl, "ice breaker," as it
has been called by Iminierous witnesses.
We instruct you as matter of law that
the plaintiffs were bound to"? use-in re "
-
gard to this boat what the law calls or
dinary care"—no-mores no less—which
means just such care, as a man of ordi
nary prudence, say one of yourselves,
would -- , -- under similar circumstances, ex
ert in regard to and over his• own prop
erty. Did they or i did they not do this?
Had they or had they not this vessel so
moored, secured and cared for„ 'it the
time of the accident or catastrophe, as in
the judgment of men of ordinary
care and prudence , was :sufficient?
If they, in -your opinion, did all
that was necessary; to be done. under
the circa mstances,then,Tf there was a sale
and delivery, in your' opinion, they are
entitled to recover; if not;they are not,
and your Verdict m st be for the defend.
ant. .These are all important questions
of fact left by the law . for your determi
nation, and we commend them, as- well
as every other question of fact in this
base, to your most sareful and impartial
consideration. These queations of negli
gence in regard to the ice, and. lack of
safety as to location are raised by the de
fendant; they_ 'ar • . affirmed by him,
-and the burden of
. proof fit thrown
upon him, and before they • can avail
'him he- must, by clear .and satisfactory
proofs, convince you that his positions
ita
are well taken. I ' this immediate con
nection, and as g verned by the same
rule, we may say t at the claim of sale
and delivery is m e by the plaintiffs,
which throws the urden of proof in Ibis
parular upon th In, and to entitle them
to recover they ust convince you by
clear and satisfact ry proofs that there
was such sale and delivery. In alvord,
whatever and all that is asserted or
claimed must.be Made good by the party
making the assertion or claim before it
shall avail anything in your estimation.
We believe, gentlemen, we have now
given all the instructions which, in our
opinion, the case requires at our hands.
By the rules which we 'have laid down.
you will mould the facts as you may
find them, into the shape and form of a
verdict. \Upon these facts we express no
opinion whatever, believing it improper
and wholly unnecessary. They: are for
you, and you alone. They hat e been de
tailed td you by the-witnesses, and have
been fully and carefully commented up
on- by the very learned and capable
counsel respectively. They—the-coun
sel—certainly have done their- whole
duty in the ' conduct of this cause, as
we have at least endeavored to do ours.
That you will fairly and impartially dis
charge yours we are well assured. •
These good citizens, all of them of the
highest character and integrity, have
amongst themselves failed, after effort,
to reconcile their differences, and so
have come to you; ajury of their fellow
citizens, indifferently chosen, placing
before you all the facts fully and fairly,
as we believe, and say to you in effect
"judge between us."
That you will give their case a full,
faleand impartial consideration, and find
accordingly. we certainly entertain no
doubt. This is all, gentlemen, they can
ask, and all they or any other reasonable
men have any right to expect.
You will take the case and return such
a finding as all of the facts subniitted
will warrant, and your own consciences
will approve.
THE INCLEMENT SEASON.
AND ITS EFFEt TA ON 311 E .WEAK'AND
FEEBLE.
The drafts which searching cold makes upon
the .vital powers of the debilit.ted and delicate
are not less, severe than the drain upon 'their
strength caused by excessive beat. Thy past
desparity between the temperature of over-hest
eu rooms and Mem at this season. and Lthe
frigidity of the outer sir, is a fruitful source of
sickness. To fortify the body against the evil
consequences of the sudden alternations or heat
end cold referred to, the vital organization
stiould be strengthened and enuowed with extra
resistant power by the use of a wholesome Inv's.'
orant: and, of alt preparations for this purpose.
(whether embraced in the regular pharmacopoeia
or adyerilSed ,in the rutile, journalt;) there is
noue that will minoartr in purity and excellence
with Iit.MTETTER'S nTOMAULI BiTTERS..
Acting directly. upon the organ wide]. converts
the to,olinto the fuel es life, the preparation itn
plats to It a tone and of orwhiehris communies.
telt to every tihre of. tirlfgame... The digestive
function being accelerated by Its tonic operation;
the liver regulated be has:al-bilious properties.
and the waste .Matter. of the system carrltd off
punctually by, Its mild apetierip =Wm the whole
. organisation will necessarily De in therms poe
stble
condition.to' meet rue snooks of winter:Mut
the sudden changes of temperature. The weak
and sensitive. ecpecially. canuot encounter these
vicissitudes With safety, unless their tender apt-.
tents. are braced and strengthened by artificial
mams. ,Every. liquor gold as staple of trade is
adulteitted. and wece 1 t otherwise. mere alcohol
Lis Metro!) , amnstiottrY , excitant, mulch, when its
first effects b.ve ' , subtitled—leaves the physical
. mowers. (and the mind as wella fns wamlsynidi.
auk than before - MTN. , TER'S 'WITTER/ 3 ;
on the other band,+eontatwthe 'anemia' proper-
Mei of the,inciat valuable, lonia and -.alterative
'roots. baths MA le:bs, and their *Attie pnnet.
pal le the mellowest; lima , exalting and most in.
0476011.10 f aildiffestve stimulants:
TIDE SOUND OF Tllll ON:
One 01 , the, most murals ways of determining
whether the lungs are in a healthy or diseased con.
dltion, la by means of listening ionic reap_ LriLitlin;
To those experienced in this practice It Woo*
as plain *alpaca to the state of the lungs, - and
as wet) known to the operator es are qit Yokes
his most intimate accsalntinces. The belief that
long standing coughs. and diseases of the lungs
,upon which they are dependent, are - incoXlige:
are lawbecomine otwolete. One gre4a4tititelie"
to be gained from this alliance in, edlialkii6kl
edge I. do *miler. application of those vibobel:
come ,ithlcteal with those diseases
.toi(olhg one,
competent to afford relief.. 'I he error wbiCh bad
Althea hold of she pgbile mind in regard.to the
cdothilitytif imismapti,in, or rather hen-cu t-
Is fast beioini4 and it is 'Well
that it siould.be in, not that, perpons should losol
that sanitary, fear which Would make. them,imply
for a timely remedy, but that all mlabbhelndu.
cod to use remedies whilO therO is any hope. It Is
the delay in these Cues that ui with ap
prehension and alarm, 'for' if every one would
make tamely application of DR. SEYBEli'd
LUNtt CURE In the beginning of scold or cough,
few oases would go so tar as to litconie irremedia-
=3
NEW ADVER'I7SEMENTS;
GRAND coNewIT FOR
the Benefit or too
yoiniTH B ArTIST CHURCH
will be given at the UNION RAMPS? C'FIVRER,
Grant street, by the -PlTTollUalal CHORES•
TERS.
THIS (Tbureday) , EVENlNG, Feb. 4, 1869.
Tickets can be had at all the Mama b , ores and
at the door. .rnce of admlisslon,'6o cents.
fe4:ell . .
OFFICE ALLEGHENY BRIDGE COMPANT, 2(-
PITTSEUUGH, February Ist, 1569. r,
WAN ELECTION FOB, PHEBi. •
IDENT, MANAGERS and OFFICE or:
the ”Company for erecing a bridge over th e -
Allecheny River, oposite ,Flttsbursh. I the
county of Allegheny , " will be held at th OLL
1101st. at, the sonth-end of the Brl ge, on
MONDAY, the Ist day of March. atr o'clock
e• 4 kr • - - - wm. musEgUnO. ,
te4:e4LTII "FretaUrer. •
-- OrrICY Or CITY ENGINEER ASTI Buhvgyo a,
l'irr4BurtGir, Febt 'lBB9.
tgrNOTICE "TO 'FOUNDRY
_ MEN.—Sealed: Propos* for furnishing
the City of Pittsburgh, with castings for the
catehbasing required in tbeeewers now about
being contraet..4l fu . will be reeele4 , l at this of
fice until 8 4TUBDAY. Feb. 510,'1869
• Seeeilleatlons ran be seen at this office.. The
Committee reserve tie right toireject any or all
bids.. • • • H. J. MOOHR,
fe4:e4 • ' City-Engineer.
.REPUBLICAN MEETING.
Iffiais Meeting of tkeßepubjicans of the
"SISTEENTB
aintit
-Will be held at PRAUNHOLZ•S 114 L, on the
tireensburg Ptke, on •
SATURDAY EVENING !TEXT,
At 7,4 O , Slock. to" mice nomin l ations to till the
vacancy , eaused the death of "A i . Hoeveller,
Esq., ' * „
utteilisaste !s requested:,
' 'EXECUTIVE COSIMITTEE.
03/710 . 1 OF CITT ENEiIIiZZICAND BUltvitoa,
Pittsburgh. FebruarT 4tb, 1869.
i(gr NOTICE OF
SEWER istranims.
SEALED PROPOSALS for the construction of
a public sewer on li itch or Pennitylvania avenue,
from Washington street to Dinwtddie street,
about twenty' seven bundr'd feet (27000 and
also for a 'public sewer on Diamond alley, from
the Wood street sewer to Smlthfleid street, will
be received at this °dice Until SATURDAY. Feb..
!nary :10, 1869. Specifications and blanks for
bidding e t ort be bad by calling at , this office. o
bids will - be received - by the Committee unless
made out on the regular blanks.
The Committee reserve the right to re:ect any;
or all bids. .
rfe4 e 5, H. J. MOORE, City. Enginee-
TOTICE IS - HEREBY GIVEN
thatZhe following +editions( accounts will
be presented to the Orphans , Court for confirma
tion a•. - d allowance, oa MONDAY, March lat.
1869: - • • •
No, 19. Account of John Dean' and James
McCandless; administrators of John Chambers,
decd. FilBd February 2,1869.
No. SO. Final seem:fat of G. L. B. Fetterman,
Esq., .administrator of Charles Roggentlne. de-.
ceased. Flied Yebruary 2, 1869,
No. 81. Account of Thomas B. Updike,
Ad
mintatrator of ElizzA. Lathrop. Adc'd.
tel:, H. GRAY Register. !
DISSOLIPTION OF PARTNER
SR IP.—The 'ptirtnershin heretofore exist.;
ins between J. B. And A• F. Canfield,:
under the style and firm name of J. B. CAN.
FIELD & 80N is this' day dissolved by mutual'
consent. The business of the inte'llrm will be!
settled up J. B. Canfield, who will .continue the ;
onsiness at the old stand, 141 FIRST AVENUE..! '
J. B. CANFIELD,
A. T. CANFIELD.
PITTSBURGH, February 3, 1869
T B. • CANFIELD, COMMIS
!) • SION 'efERCHANT and WHOLESALE', -
DEALER in Goshen, Factory. Hamburg and W.
B. Cheese, Butter, Lard, Pork, Bacon, Flottr,
Fish; Dried Fruit, Grain, Pig Lead, Pot, Pearl:
and Soda Ashes, White Lime, Linseed, Lard,
Coal and Carbon Oils. No. 141 First street.'
Pittsburgh. . fe4:el
MEW STYLES .
•
MATS AND CAPS,
JUST RECEIVED AT
IicCORD & CO's,
131 WOOD STREET
ELLERSIIIIISEN .PROCESS.i:
The Trustees are now r‘repared to grant licert-:
see. for the use of , the ELLEItSfIAUSEN PRO-.
The .snperior quality imparted to good iron,]
the great imp :ovement to inferior Iron. and tun
reduced cost, commend it to al., manufacturers of
iron.
applying t
Parties ishing ttfuse It can obtain licenses by;
wo
JAMES P. SPEER,
. Attorney for the Trustees,
OFFICE, 360 PENN STREET. •
Parties. inte+Tsted are invited t" visit the
SHOENBERGEK•WORKS. where 'the process is
now in successful operation. - to:di7
•
HOW TO GROW HEALTHY
CHILDREN. —Feed with Hubbell's Pre
pared Wheat. which cantatas all the blood, bone
and fissue-snaking eiernsnta for healthy growth.
( Feed
TO GittiW HANDSOME CHILD ItEN.-
Teed thebaby with Hubbell's Prepared Wheat;
rich In all the • constituents which develop the
organic structure into the most heal by and fasj
cin ming physical beautr i How t erAVOID CON
STITUTION t, TEN ENCIES.--Feed with
Hubbell's Prepared Wheat. t 0 obliterate the
morbid tendencies of inh;ritaece by improved
digestion, increased richness of blood, and force
of vital activity. HOW TO MAKE HAPPY
MOTH elts.—Feed your child with Hubbell'i
Prepared Wheat, to secure abundant and health;
ful 'alintentation, good digestion; refreshing
sleep, placid temper, and exemption from cue
ailments of infancy. SO NICE .A NO NATURE
OF PREPARFJD WHEAT.—It is made from the
'finest In rictras Xneat alone; containing aU the!
fteon-torramp, earth:sand saline clements of the:
grain, with only a portion of the starch, and',
none of the sllicatrd coating. %Nese nutrttive•Z
.:elements are Lime. Magnesia, &c., which build{
no he bony skeleton; Phosph erns, Iphur. Iron;.
hlaganesr, Soda. Potassa, Chloridta. std., for the;
animal Julces; sugar, final and Fecula, for respl.
ration ,and tne fatty tisanes, with the proteinst
combonntia. (tauten, Albumen. &c..) from whictrt
nerve and mesculardbres are formed. It Is baked;
from right to ten ;hours, at about • the tempera
l
tare of boiling water; digests without sourlng; ‘ ,
and keeps wttbont change. ' Pouad Packets,:t
'Fifty Cents. Made oni by '
APothecary.
fe4ullo3 1410 Chestnut St., Philadelphia.
BOOSS'VOSS ! BOOKS
xi* _ . . _
LATEST -PUBLICATIONS
METHODIST—BOOK DEPOSITORY
(Metlioalst Episcopal Bli)ek,)
Flaithfield. Street
(coa.-aluTenzrz AND:vntors
B4Pakt PO* VAKErni-;
WASTE 01E'
HYDRANT WATER.
the undersigned deenit'lt initduty to InforrCi•
_ •
colistrateri of Hydritnelioi,ster lathe city of Plttt
burgh that • exteruati antt highly Inigortan; : i...
Clump, tri lAe iniehlnerj' at the Lower Wate:."..,;
Watts will r4quire - , for the nreient, careful
and'strlet prerentioo of the waste of water.
St allroad Oemninlra and o..her'ltrge eousoluei.: . "
Mutt iitie‘ Aries Vcono T y in nee of water tor
• perpoeee; !Mil 'the use - or all street washers
ilre plugs, except In case of Are, must be sue
get% ded'inta farther notice.' '
r • ' ' JOEIEPIV
' litiperhitendentit ater Works.
T Be ItOIIN6SON - &
RE 5
- SSAbre/ME RA44,16. CONIPEOTIONAik;:
/CV cniCat enntDtNlN . p SALOON. 't
sta Prnithneld street,. earner of Diamond sllel•
Pittsburgh. ,
' lir Parties and Ismntee sniPlied With Ic
Cream andeakes on abort notice. ' '
D. .
.•
ÜB. COOlPtit, WALLACE aw . ..-
,WILLARD,' ' !•.:
130011110PATUISTS, •
Will remove their Mee on. the First of Api
next to No. 72 Diamond, Allezbeny city% re .
of Chi Uall. . ja30:47‘,-,