RATES OF ADVERTISING•
roar itholl 01 less constitute half a square. Bight lines
or more than four, eonstitate a square.
Elan sq., orne day..—so 80 One eq., on e day.
$0 60
one week. 120 " one week.... 200
" one month.. 8 00 a one month.. 600
" three months 500 " three monthelo 00
siimonthl.. 800 " nunitall• • m is
00
reax _ l 2 00 64 One J oan ay vu
one
Er Beninese notices Inserted in the Loom. Comte,
or before Marriages and deaths, rim CIZTB PIA LINZ for
aen nieerelon. is merchants and others advertising
11.101. yaw, JIMIICL Wine will be offered.
ray a 5t......ar et insert - loss milt be delimited on
aniretnnenienv.
11;:r Marriages and Deaths winks ineerted at the same
rates as regular advertisements.
Ousiness darbs.
ROBERT SNODGRASS,
ATTORNEY Ar LAW,
Oleo North Third street, third door above Mar
ket, Harrisburg, Pa.
N. B.—Pension, Bounty and Military claims of all
kinds prosecuted and collected.
Refer to Hons. .Tohn IL Kunkel, David Mumma, Jr.,
and B. d. Lambertoz.. inyll-okwOm
WM. H.- MILLER,
AND
R. E. FERGUSON,
ATTORNEYS AT LAW.
OFFICE IN
SHOEMAKER'S BUILDINGS
SECOND STREET,
BETWEEN WALNUT awl MARKET SQUARE,
ap-29w.td Nearly opposite the Buehler House.
T HOS. C. MeaDOWELL,
_ ATTORNEY AT LAW ,
MILITARY CLAIM AND PATENT ADRIVT.
Office ns the Exchange, Walnut at., (Up Stairs.)
Having formed a connection with parties in Wash
ington Oity, wno are reliable business men, any busi
ness connected with any of the Departments will meet
with immediate and careful attention. BAST
1)R. C. WEICHEL,
SURGEON AND OCULIST,
RESIDENCE THIRD NEAR NORTH STREET.
He is now folly prepared to attend promptly to the
duties of profession in all its braseboa_
A LONG AND TENT BIIOOI6BIVL NNDIOAL NAPANDINON
pistils' him in promising full and ample satisfaction to
all who may finer him with a call, be the theme Chronic
or any other nature. mlB-d&wly
MILITARY CLAMS AND PEN
SIONS.
The undersigned have entered into an association for
the collection of Military Claims and the securing of
Pensions for wounded and disabled soldiers.
Master-in and Muster-out Rolla, officers' Pay Rolla,
Ordnane.a and Clothing returns. and all papers pertain.
ing to the military service will be made out properly
and expeditiously.
Office in the Exchange Buildings, Walnut between
Seeond and Third streets, near Omit's Hotel, Harris-
burg, Pa- THOS 0 MACDOWELL,
ieM•dtf TROIKAS A. MAGUIRE,
SILAS WARD.
•YO. 11, NORTH THIRD ST., HARRISBURG.
STEINWAY'S PIANOS,
MELODEONS, TIOLWS, OTTITABS,
Banjos, Flutes, Fifes, Drums, accordant:,
STRINGS, SHIM AND BOOS RUBIO, &C., &0.,
PHOTOGRAPH FRAMES. ALBUMS,
Large Pier and Mantle Mirrors, Squire and Oval Frame
of every description made to order. Reguilding done.
Agency for llowes Sewing Machines.
trr Sheet Music sent by Mail. ootl-1
JOHN W. GLOVER,
MERCHANT TAILOR
Has Jut received from New York, an assort.
ment of
SEASONABLE GOODS,
which he offers to his customers and the public al
noT22) MODERATE PRICES. dtf
COOK, Merchant Tailor,
2T CHESNUT ST., between Second and Front,
Has just returned from the city with an assortment of
CLOTHS, CASSIMERES AND YESTIIVGS,
Which will be sold at moderate prices and made up to
order; and, also, an assortment of READY MADE
niuthig Airentnnvenrs - nurmswairsiabi:
nov2l-I,yd
DENTISTRY.
B. N. GILDEA, D. D. L,
N 0 . 119 MARKET STREET,
-4 41
It & KUNKIILI BUILDING, UP STAIRS.
janB-tf
RELIGIOUS BOOK STORE,
TRACT AND SUNDAY SCHOOL DEPOSITORY,
. E. B. GERMAN.
rf NOUTII 810OND STRUT, /BOVA OBDEINUT,
11/133111011/111, PA.
Depot for tile eale of Btereoecopea,BtereosoopinVlowis,
Nude and Bbiataal Inatrumenta. Also, anbaariptions
Won for religions publication!. noBo-dy •
J OHN' G. W. MARTIN ?
FASHIONABLE
CARD WRITER,
lERRIPS ROM., HARRISBURG, PA.
Alimituner of VISITING - , WEDDING AND B 881-
PAWS CARD. 9 ansentad in the moat artistic styles and
moat "mamma% terms. deal4-dtf
•
"UNION HOTEL,
Ridge benne, corner of Broad Met,
HARRISBURG, PA.
The undersigned informs the public that he has re
cently renovated and refitted his well-known " trxdon
Hotel" on Ridge avenue, near the Round Rouse, and is
prepared to accommodate eitizens, strangers and travel
ars in the beat style, at moderate rates.
His table will ba supplied with the best the maskets
afford, and at his bar wid be found superior brands of
liquors and matt beverages. The very best accommo
dations for railroaders employed at the shops in this
vicanity. lal4 ELENAT /MTGEN.
F RANKLIN HOUSE;
RALTIMORD, MD.
This pleasant and commodious Hotel has been the
roughly re-titted and re-furnished. It is pleasantly
*Mated on North-West corner of Howard and Franklin
'tweets, & few doors west of the Northern Central Rail
way Depot. Ivory attention paid to the comfort of hie
suede. G. LIISINIIING, Proprietor,
icl2-tf (Late of Selina Grove. Pa.)
TREO. R. SCHErFER,
BOCK, CARD AND JOB PRINTER,
NO. IS BARRET STREET, HARRISBURG.
107:Particula r attention paid to printing. ruling sad
binding of Railroad Blank., Manifests, Irearinoo Poli
es., Checks, BM -Reads, &c.
Wedding, Visiting and Engines. Cards printed at very
low priese and in the hest style. juin
TAILORING.
Go. — JM . 33,- TY C - .
The subscriber is ready at NO. 94, MARKET We.,
four doors below Fourth street, to make
DRYS AND BOY'S CLOTHING
In any desired style, and with skill and preeigtness.
Persons wishing cutting done can have it done at the
shortest notice. 4127-d
CHARLES F. VOLLMER,
UPHOLSTERER,
Chestnut street, four doors above Second,
(OPPOSITI WASHINGTON Hose Roma
Is prepared to Weight° order, in the very best 01
workmanship. Spring and Hair Mattresses, Window Our
tains, tonne% end all other articles of Furniture in hts
nue, on short notice and moderate terms. Having ex
perience in the business, he feels warranted in seldig
share of,public patronage, (=Admit of his abilityto give
satisfaction. Parill-dtf
SKY—LTG-HT GALLERY.--The rooms
to Oa the owner of Market ugliest, and Market Mee;
opposite the Jones Hones, occupied as a Gallery for
Daguerreotype, Photograph and Ambrotype purposes,
are 70h RBNT from the 9th of September next.
Apply to ZORN WYKTH.
3118-4lilwaw
'WEBSTER'S ARMY AND NAVY
POCKET DICTIONARY.
Jaet "sewed and for oat ot .
SOMIPIIIRM BOORITORN.
VEW ORLEANS SUGAR I-FIRST
IA ma Kumar -I or Ws by
i 392 WM. DOCK k CO.
•
- = tL
I - •
Vi Via It*
p trtot
•
4 • 1 • i
-
. .
_ -
VOL. 6.-NO. 9.
Mattal.
~ ~ ~
DR. SWEET'S
INFALLIBLE LINIMENT
EMI
GREAT EXTERNAL REMEDY,
FOR RHEUMATISM, GOUT, NEURALGIA,
LUMBAGO, STIFF NECK AND JOINTS,
SPRAINS, BRUISES, CUTS & WOUNDS,
PILES, HEADACHE, and ALL RHEU
MATIC and NERVOUS DISORDERS.
Far All of which it is A. speedy mad eartairt remedy,
and never fails. This Liniment is prepared from the
recipe of Dr. Stephen Sweet, of Connecticut, the fa
mous bone setter, and has been used in his practice for
more than twenty years with the most astonishing suc
cess.
AS AN ALLEVIATOR OF PAIN, it is ttprivaled
by any preparation before the public, of which the most
skeptical may be convinced by a sink! e trial.
This Liniment will cure rapidlyand radically, RILED-
MkTIO DISORDERS of every kind, and in thousands
of cases where it has been used it has never been known
to fail.
. . .
FOR NEURALGIA, it will afford immediate relief
in. every ease, however distressing.
It will relieve the worst eases of HEADACHE in
three minutes and is warranted to do it.
TOOTHACHE also will it cure instantly.
FOR NERVOUS DEBILITY AND GENERAL
LASSITUDE. &tieing from imprudence or excess. this
' l iniment is a most happy and unfailing remedy. Act
ing directly upon the nervous tisanes, it strengthens and
revivifies the system, and restores it to elasticity and
vigor.
FOR PIL ES.—As an external remedy, we claim that
it is the best known, and we challenge the world to pro
duce an equal, Every Victim Of this distressing com
plaint should give it a trial, for it will not fail to afford
immediate relief, and in a majority of cues will effect
a radical cure.
QUINSY aced SORE THROAT are sometimes ex
tremely malignant and dangerous, but a timely applica
tion of this Liniment will never fail to cure.
SPRAINS are sometimes very obstinate, and enlarge.
ment of the joints is liable to occur if neglected. The
worst case may be conquered by this Liniment in two or
three days.
BRUISES, CUTS, WOUNDS, SORES, ULCERS,
BURNS anti SCALDS, yield readily to the wonderful
healing properties of D. MEET'S INFALLIBLE
LINIMENT, when used according to directions. Also,
CHILBLAINS, FROSTED FEET, and INSECT
BITES and STINGS.
••• : 1 .
should have this remedy at hand, for its timely use at
the Brat appearance of Lameness will effectually pre.
vent those formidable diseases to which all horses are
liable and which render so many otherwise valuable
horses nearly worthless.
Over four hundred voluntary testimonials to the won
derful curative properties of this Liniment have been
received within the last two years, and many of them
from persons in the highest ranks of life.
CAUTION.
To avoid imposition, observe the Signature and Like
ness of Dr. Stephen Sweet on every label, and also
Stepan Sweet's Infallible Liniment" blown in the
glass of each bottle, without which none are genuine,
RICHARDSON & CO.,
- Sole Proprietors, Norwich, Ct.
For sale by all dealers. aplleow-d&w
Muting.
A LL WORK PROMISIID
ONE 11-E2KI
1 0 Ai
PENNSYLVANIAI
STEAM DYEING- ESTABLISHMENT,
104 MARRAT OTRBAT,
BETWEEN FOTIR211" AND 711721,
HARRISBURG PA.,
Where every description of Ladies' and GentlenuiVe
MGM% Piet* WO; le., are Dyed, lyleanset, and
harked in the bait manner and at the shortest notice.
noll4l&w7Y DODGB & GO.. Proprietors.
T F. WATSON,
1.
MASTIC WORKER
♦ND
PRACTICAL CEMENTER,
Is prepared to Cement the exterior of Buildings with
he New York Improved
Water-Proof Mastic Cement.
This Material is different from all other Cements.
It forms a solid, durable adhesiveness to 'any surface,
imperishable by the action of water or frost. Every
good building should be coated with this Cement; it is
a poifiet preilerver to the 'vela, and wakes a beautiful,
fine finish, equal to Eastern brown sandstone, or any
color desired.
Among others for wham I have applied the Mastic
Dement, I refer to the following gentlemen :
J, Bissell, residence, Penn street, Pittsburg, finished
five years.
J.H. Shoenberger, residence, Lawrenceville, finished
five years.
James M , Candlass, residence, Allegheny City,finished
five years.
Calvin Adams, residence, Third street, finished four
yours_
A. Hoeveler, residence, Lawrenceville, finished four
years.
3. D. M'Oord, Penn street, finished four years.
Hon. Thomas Irwin, Diamond street, finished four
years.
at citation Hotel and Wrard House, finished five
years.
Kittanning Court House and Bank, for Barr & Moser,
Architects, Pittsburg, finished five years.
Orders received at the office of B. M'Eldowney, Paint
Shop, 20 Seventh street, or please address
T. P. WATSON,
tuaylo-tf P. 0. Box 10.43. Pittsburg, Pa.
r ADIS'S YOU KNOW WERE YOU
can get tine Note Paper Envelopes, Visiting and
Wedding Cards? At SOH EPPER'S BOOKSTORE.
.QIETPERIOR STOCK OF LIQUOR S .—
kJ
WM. DOCK, /a., & 00., are now able to offer to
their easterners and the public at large, a stock of the
purest liquors ever imported into this market, compri
sing in part the following varieties :
WHISKY—IRISH, SCOTCH,OLD BOURBON.
WINE—PORT, SHERRY, OLD MADEIRA.
OTARD, DIIPEY & CO. PALE BRANDY.
JAMICA SPIRITS.
PRIME NEW ENaLAND RUM,
DRAKE'S PLANTATION BITTERS.
These liquors can all be warranted; and in addition to
these, Dock k Co. have on band a large variety of
Wines, Whisky and Brandy, to which they invite the
particular attention of the public.
N ° TICE!
THE DRAFT IN THE 15TII AND ADJOIN
ING DISTRICTS.
RATIONAL SUBSTITUTE AGENCY.
••••••••
A. IL MISTIER & CO., having opened an office in
Carlisle,at tbe Government Assessor's office.in Rheem's
Bali) ar e DOW prepared to furnish substitutes at fair
prices.
Substitutes supplied from this office will be able bod
ied Aliens, no subject to draft. All drafted Persons
served by us are Sderat tied a release from the draft,
Apply at once, in person or by letter, at the "Na-
Gone( Substitute Agency," Rheem's Hall, Carlisle.
References.—J. it. Weakley, Joseph Ilitner2 jr., J.
Meant. • A. IC...SWISEIR & CO.
August 4-41tt ,
WAR I WAR! —BRADY, No. 62
market street, below Third, has received ?. large
assortment of Swear's, [lssues and BELTS, which he
will moll vary , low. - auleo ati
EXCELSIOR 1 I—SUGAR CURED
HAWS !—A Da ft**B Ham, oared expressly for
family 1131. hey are auperlo DOC K, WM.
r to ow in the mar-
ket. T
Irani at" & 00.
HARRISBURG, PA:, FRIDAY, SEPTEMBER 11, 1863.
inaosm
Weekly "Patriot & Union,"
THE CHEAPEST PAPER PUBLISHED IN
PENNSYLVANIA!
AND
THE ONLY DEMOCRATIC PAPER PUBLISHED AT
THE SEAT OP GOVERNMENT!
FORTY-POUR COLUMNS OP READING MAT-
TER EACH WEEK
AT THE LOW PRICE OF ONE DOLLAR
AND FIFTY CENTS!
WHEN
SUBSCRIBED FOR IN CLUBS OF NOT LESS
THAN TEN COPIES TO ONE ADDRESS!
We have been compelled to raise the club subscription
price to one dollar and fifty MIS in order to save our•
selves from actual loss. Paper has risen, including
taxes, about twenty-five per cent., and is still rising;
and when we tell our Democratic friends, candidly, that
AO can no longer afford to sell the Weekly PATRIOT ♦ND
UNION at one dollar a year. and must add fifty cents or
stop the publication, we trust they will appreciate our
position, and, instead of withdrawing their subscrip
tions, go to work with a will to increase our list in every
county in the State. We have endeavored, and shall
continue our efforts, to make thepaper useful as aparty
organ, and welcome as a news messenger to every fam
ily. We flatter ourselves that it has not been without
some influence in producing the glorious revolution in
the politics of the State achieved at the late election;
and if fearlessness in the discharge of duty, fidelity to
the principles of the party, and an anxious desire to pro
mote its interests, with some experience and a moderate
degree of ability, can be made serviceable hereafter, the
Weekly PATRIOT AND UNION win not be less useful to
the party or less welcome to the family circle in the in
tare than it has been in the past. We confidently look
for increased encouragement in this great enterprise,
and appeal to every influential Democrat in the State to
lend us his aid in running our subscription list up to
twenty or thirty thousand. The expense to each indi
vidual is trifling, the benefit to the party may be great.
Believing that the Democracy of the State feel the ne
cessity of sustaining a fearless central organ, we make
this appeal to them for aseietflao9 With the fullest con&
dense of success.
The same reasons which induce us to raise the price
of the Weekly, operate in regard to the Dailypaper, the
price of which is also increased. The additional cost to
each subseribtr 111111)0 but trifling; and, while we can
not persuade ourselves that the change neeessarily made
will result in any diminution of our daily circulation,
yet, were we certain that such would be the conse
quence, we should still be compelled to make it, or suf
fer a ruinous loss. Linder these eiretuvostenees we must
throw ourselves upon the generosity, or, rather, the
justice of the public, and abide their verdict, whatever
it may be.
The period for which many of our enbscribere have
paid for their paper being on the eve or expiring, we
take the liberty of inning tide notice, reminding them
of the came, in order that they may
RENEW THEIR CLUBS.
We shall also take it as an especial tayorlf our present
subscribers will urge upon their neighbors the fact that
the PATRIOT AND Drums is the only Democratic paper
printed in Harrisburg, and considering the large amount
of reading matter, embracing all the current wire of
the day, and
•TELEGRAPHIC DISPATCILES
Prom everywhere up to the moment the paper goes to
press, political, miscellaneous, general and local news
matketteport.,-:e fleoidedly -
CHEAPEST NRWSPAPER P lIELIEHED LiN
• THE STATE! •
There is. scarcely a village or town in the State in
which a club cannot be 'raised it the proper exertion be
made, and surely there are few plum; in which one or
more energetic men cannot be found who are in favor of
the dissemination of sound Democratic doctrines, who
would be willing to males the 'effort to mite a Club.
DEMOCRATS - OF THE INTERIOR !
Let us hear from, yen. The exhales war, and the ap•
preaching sessions or Congress and the State Legisla
ture, are invested with unusual interest, and every man
should haie the news.
TERMS.
DAILY PATRIOT , AND 'UNION.
Single copy for one year, in advance • 00 0 0
Single copy during the session of the Legislature.. 2 00
City subscribers ten cents per week.
Copies supplied to agents at the rate of $1 50 per hue.
dred.
WZDHLTPATBIOT AND UNION,
Pub Maid scary Thursday.
Single copy one year, in advance $2 00
Ten copies to one address 15 00
Subscriptions may commence at any time. PAY AL•
WAYS IN ADVANCE. We are obliged to make this
imperative. In entry instants cash must accompany
subscription. Any person sending ns a club of twenty
subscribers to the Weekly will be entitled to a copy for
his services. The price, even at the advanced rate is
BO law that we cannot offer greater inducements than
tale. Additions maybe made at Me time to a club of
subscribers by remitting one dollar and fifty cents
for each additional name. It is not necessary to send
us the names of those constituting a club, as we cannot
undertake to address each paper to club subscribers
separately. Specimen espies of the Weekly will be sent
to all who desire it.
0. BARRETT A. 00., Harrtsburg, Pa
N. B.—The following law, passed by Congress in 1880,
defines the duty of Postmasters in relation to the do
livery of newspaper* to club subscribers :
(See Little, Drawl" Co.'s edition of the Lases of 1860,
page 88;ehapter 131, section 1.)
"Provided, however, that where packages of new pa
peraorperlodicals are received at any post allies directed
to one address, and the names of the club subscribers to
which They belong, with the postage for a quarter in ad
vance, shall be handed to the postmaster, he shall de
liver the same to their respective owners."
To enable the Postmaster to comply with this regula
tion, it will be necessary that be be furnished with the
list of names composing the club, and paid a quarter's
(or yeses) postage in advance. The uniform courtesy
of Postmasters, affords the assurance that they will
oheerfullyaccommouste club subscribers, and the latter
should take care that the postage, which is but a trifle
each ease, be paid in advance. Send on the clubs.
•
INDEPENDENCE ISLAND.
Messrs. BECKER & P OLK, Proprietors, announce to
the citizens of Harrisburg that this cool and delightful
Summer retreat is now oven for visitors. Accommoda
tions will be furnished to parties and pie-nice at reason
able terms, a dancing platform having been erected &r
their 'special 1146, Beacon tickets fat families, good for
one year, $l.OO
No improper characters admitted, and no intoxicated
person will be permitted to visit the Island.
A Ferry Boat plies constantly between the Island and
the foot of Broad street, West Harrisburg. jel3-llm
BASKETS!
LAMER TRAVELING ;
MARKET,
ORHOOL,
PAPER,
KNIFE,
CLOTHES,
• ROUND,
CHILDREN'S,CAKE
For axle low, by
jel2 WM. DOOR, 1r.,& Co.
M ACKER
biACHBREL, Noe. 1, 2 and 3, in ell sized paekages.—
new, and each package warranted. must received, and
for wale low by WM. DOCK' Jr., & CO.
BLACKING 1 I—MesoN's "Caiman's ,
Iltaorix6.”--.100 GlOl3B, sotorted size just re
solved and for ease, sequilesais mut retail.
deal WM. DOCK, 7x., & 00.
DHOTOGRAPH ALBUMS.—A large
1 and beautiful assortment of Photograph Albums
just received and for sale cheap, at,
Market s KNOORtreetl3,
Ott atriot Rion.
FRIDAY MORNING, SEPT. 11, 1563
A CASE OF EXECUTIVE CLEMENCY.
Q o l l ' CURTIN PARDONS TWO CRIMINALS
ON FALSE REPRESENTATIONS MADE BY
HON. H. D. MAXWELL, EX-JUDGE 0 fr THE
DISTRICT, HON. SAMUEL YOKE, PETER
T. EILENBERGER, ESQ., HENRY BEN
DER, ESQ , AND OTHERS, MEMBERS OE
THE ABOLITION PARTY OF NORTHAMP
TON COUNTY.
POLITICAL CONSIDERATIONS THE MOTIVE.
THE WHSLE PROCEEDING AN OUTRAGE UPON
JUSTICE, AND DISGRACEFUL TO THE PAR
TIES CONCERNED.
The case was tried in the Court .of-North- ,
ampton county, August term, 1863. The de
fendants, Oliver and Osterstock, wore indicted
for assault and battery upon A. B. Knecht, a
member of the bar, and a true bill found.—
Through their attorney they plead guilty and
were sentenced by the Court. The defendants
subsequently produced a pardon from Gov.
Curtin, from which we make the following ex
tract, setting forth the grounds upon which it
was granted :
"AND WHEREAS, It has been represented to
me, as will fully appear by reference to the
paper now on file in the office of the Secretary
of the Commonwealth, signed by Hon. H. D.
Maxwell, Hon. Samuel Yohe, Peter F. Ellen
berger, Esq_, Henry Bender, Esq., and by over
one hundred good and reputable citizens of
said county, tnat the offence was committed
under circumstances of great provocation,
aribing from a heated discussion, in which the
said Oliver and Osterstock, who are returned
volunteers, had earnestly advocated the sup
pression of the rebellion, and the said Knecht
had denounced all who were in favor of its
suppression, and that the sentence of the Court
is unjustly severe."
The alleged facts set forth in the above ex
tract were so extraordinary, false, and in di-.
red conflict with the testimony given in Court
when the case was before it, that Judge May
nard, with the concurrence of his associates
on the bench, direCted depositions to be taken
in open Coujc4, and appointed Uriah Sandi,
Esq., commissioner for that purpose.
Under this rule the sworn testimony of A.
S. Knecht, Esq., James Rothrock, William Ar
nold, Peter Ruth, W. NV. Schuyler, (Prosecu
ting Attorney,) 0. H. Myers, Esq., Hon. R. N.
Merrill, (Associate Judge,) and Hon. Elieha
Allis, was taken. The witnesses all concur in
their testimony that nothing was given in evi
dence during the pendency of the case in court,
upon which the petitioners for pardon could
found the allagfogon . set forth in their_ petition
—but that, on the contrary, the totitneny Was
that the assault was unprovoked, malicious
and brutal. It is unnecessary to publish the
testimony taken under the rule in full. We
subjoin two extracts, however, which have an
important bearing—the rest of the evidence is
to the same point :
A. S. Knecht, (sworn,) the gentleman who
was assaulted by the parties pardoned, in refer
ence to the alleged "great provocation" and
"heated discussion," in which the assaulting
party are represented by the petitioners as
((having earnestly advocated i the suppression
of the rebellion," and Knecht as having "de
nounced all who were in favor of its suppres
sion," testified:
Question. Did you ever have a heated dis
cussion with Oliver and Osterstoo, in which
they earnestly advocated the suppression of
the rebellion, and you denounced all who were
in favor of its' suppression ?
Answer. I never had such a discussion in
my life with either, or both, upon that occasion
or any other time. lam now and always have
been earnestly in favor of suppressing the
rebellion. I never earnestly advocated to any
one any other doctrine than the one of sup
pressing the rebellion.
James Rothrock, (sworn,) testified :
I was examined as a witness in the case of
the Commonwealth vs. Oliver and Osterstock,
just before they received their sentence. I
heard the testimony of the other witnesses.
Question. Is the following a correct sum
mary of the testimony on that occasion, viz :
" The Oireneo was eommitted under circum
stances of great provocation, arising from a
heated discussion, in which the said Oliver and
Osteretock had earnestly advocated the sup
pression of the rebellion 2"
Answer. It is not. I did not say myself,
nor did I hear any of the witnesses say any
thing of this kind. I testified, that as I was
going home that night, I heard some noise at
the Franklin House, and stopped to see what
was going on, and saw Mr. Arnold trying to
quiet Mr. Oliver, and seen Mr. Osterstock on
the inside of the door, and Mr. Root on the
other side, urging him to go out, that then I
went inside and teen Mr. Root put Osterstock
out. As he went out Mr. Oliver closed up the
door and struck at Mr. Root. Mr. Root made
a pass back at him and shut the door. I heard
pretty loud talking outside and that then I
went out. I had'nt stood outside but a minute
before Oliver made for me, with intentions of
of striking me. I warded off his blow. He
just managed to knock my cigar out of my
mouth and my hat from my head. Mr. Arnold
held him from doing any further mischief. I
stated on my examination that Oliver had
asked me whether I did'nt think he could lick
any two sons of b—s inside.
The Easton Sentinel, which contains the pro
ceedings in fall, says:
" The questions on the political points, were
rendered necessary, in order to meet charges
made in several letters to the Governor (copies
of which we have not yet been able to get)
written by men in this town, in which it was
charged that political considerations had con
trolled the court in their sentence: The
writers of several of the lettprs were very par
ticular to impress upon the .mind of the Gov
ernor the facts that the defendants •were Re
publicans and the prosecutor .
,a Democrat.
One of . the& even goes so far as to assail
Judge Merrill, by name, in order to make out
a case Of rdifia• It is. only neoessary.to read
the sworn testimony of the witnesses
,to see how
utterly false these charge's. are. Mia, is most
humiliating in this case is the fact that many
of the persons who signed these papers, - that are
proved to be entirely false, arc leading membere and
some of them officers of christian churches in this
borough."
PRICE TWO CENTS.
I The whOle 9r this singular and disgraceful
case is ably summed up by Judge Maynard in
the following opinion:
OPINION OF THE COURT
Commonwealth. vi Joseph Oliver and fosoph. Os-
tcrstock.
The Defendants were indicted for an assault
and battery upon A. S. Knecht, a member of
the bar of this Court. Ajury being called, the
defendants pleaded guilty, Witnesses .were
then called on the part of the Commonwealth,
to state the circumstances of the case ; from
whose testimony it appeared that Mr. Knecht
came from his office at a late hour in the even
ing, (about eleven o'clock ' ) to his lodgings at
the Franklin Hotel, in the Borough of Easton.
That the defendants were in the barroom ; that
Mr. Knecht came in, and without speaking to
the defendants, took his lamp for the purpose
of retiring to bed, and without provocatien, by
word or deed, on his air t, he was attacked by
Oliver, one of the defe ants, and struck a blow
en his left cheek and scratched in the face.—
That Oliver endeavored to get hold of his hand,
that he warded off his blows, struck Oliver in
return, and got him - down ; and that then Os
terstock, the other defendant., jumped on him
behind and struck him on the right ear. The
parties then got separated—that Oliver swort
and made threats—that since this assault Oli
ver has made threats against Knecht, and car
ried a weapon.
The Court then made inquiry of the defend
ants, and their counsel, if they had any facts
or circumstances to lay before the Court, or
anything to say in mitigation of their conduct.
No response was made to this inquiry.
The Court then inquired if this was their
first offence of the kind, and what their former
character had been, as peaceful citizens or
otherwise. Mr. Allis, their counsel, who had
entered the plea of "Guilty" on the indictment,
at their request, stated to the Court, that he
had been acquainted with Osterstock, for seve
ral years, and that he had never heard anything
against his character for peace and quietness.
The prosecuting attorney, Mr. Schuyler, then
stated to the Court that he was sorry to say, he
could say nothing of their good character.—
The Associate Judges then stated to the Presi
dent that Oliver had once been tried in this
Court, on a charge of murder and was acquit
ted. A reference to the record shows an in
dictment him for murder, in the Op or and Ter
miner, of August Term, 1860; that he was ar
raigned on the 25th of August, tried and ver
dict "Not Guilty." No one saying anything
in his favor, the Judges (the Bench being full,)
then conferred together and were unanimous in
their opinion as to the sentence which ought to
be pronounced upon them.
This sentence against Oliver was a fine of
SIQ tl) the Commonwealth, the costs of prose
cution, thirty days imprisonment in the county
jail and to give security in the sum of $5OO
to keep the peace for the period of one year.
In the case of Osterstock, a fine of $5, costa of
prosecution, thirty days in the county jail and
to give security in the sum of $3OO to keep the
peace for the period 'of one year.
Within a day OT two after the sentence the
defendants produced a pardon from the Gover
nor for the offence, relieving the defendants
from the sentence of imprisonment.
The circumstances attending the obtaining
of the pardon were so unusual and the alleged
facts therein recited as a reason for the exer
else of executive clemency being Wholly new
to the Court, we never having heard or their
existence until informed through the pardon,
that it exeited suspicion that the Governor
might have been imposed upim, and the Court
directed the pardon or a certified copy' of the
same,.to be filed of record. The defendants'
council proposed to get a certified copy from
the department for that purpose, in compli
ance with the request of the Court.
The copy was so furnished and filed of re
cord in the case. .The Court further directed
that. a rule be entered to take testimony before
the Court, to ascertain whether the " alleged
facts" were true, or otherwise, and that the
testimony so taken should be filed in the cage,
that the record might continue to speak the
truth on that subject in all time to come.
The alleged facts referred to, as represented
by the petitioners and which were supposed to
have transpired in Court, on the hearing of
the case, as set out in the pardon, are as fol
lows :
4, That the offence was committed under cir
cumstances of great provocation, arising from
a heated discussion, in which the 'said Oliver
and Osterstock, who are returned volunteers,
had earnestly advocated the suppression of the
rebellion, and the said Knecht had denounced
all who were in favor of its suppression, and
that the mange Of the Court is unjustly se
vere."
According to well settled legal principles, a
pardon which is obtained through fraud or
falsehood, is void.
Blackstone lays down the proposition thus
"It is a general rule that wherever it may
reasonably be presumed that the King is de
ceived, the pardon is void." 4. 81. cow. 400.
See also 2 HaWk. P. C. 383—$. Therefore any
suppression of truth or suggestion of falsehood
in a charter of pardon, wilt vitiate the whole,
for the King was misinformed." 3. Inst. 238,
1. Sid. 430, 1. Wh. am C. J. 766.
The Court therefore felt it to be a duty to
the Executive, the public, and itself, to take
testimony and furnish the necessary informa
tion to the Executive, that he might give his
Attorney General the proper instructions, to
hato the fraud and falsehood corrected, if
found to have been practised, and the pardon,
if thus obtained, declared void by the proper
tribunal.
The testimony of , ten witnesses, including
the two Associate Judges, the Prosecuting Al.
torney, members of the bar who were present
in court and listened to the hearing, and other
citizens of high character and respectability.
has been taken in open court, after notice to
the parties ; their tesithnotty reduced to writing
and filed in the case, and the Court direct a
certified copy of the record and testimony
taken, to be made out by the clerk of the court,
and that the prosecuting attorney, W. W.
Schuyler, Esq., forward the same to his Excel
lency, A. G. Curtin, Governor of Pennsylvania.
It will be seen from the testimony thus
taken, and without exception, that not one
word of the alleged flints reelted in the pardon
ever transpired in this court. That no politi
cal discussion took place between the parties,
at the time of the assault, and Mr. Knecht
testifies that he never at any time, or place,
held such .a discussion with the defendants or
either of them; but that he at all times has
been earnestly in favor of the suppression of
the reoellion, and has uniformly so exressed
himself but never held conversation with the
defendants upon the subject.
The allegations in the recital of facts, in the
pardon, are therefore proved to be untrue in
every particular.
It was upon the supposed truth of these al
leged facts, tbst.the sentence' of this Court Was
pronounced " unjustly severe," in the pardon..
The facts are indisputably established, tha t
the assault was wanton; unprovoked; upon th -
person of a highly respectable, peaceable 'citia
sen—a member at the bar of this court, of sev
eral years standing, and this without any ex
citing or mitigating oireumstanoes, and by one
PUBLISHED EVERY MORNING
SUNDAYS lIIXCIPTED
Mr 0. BARRETT a co
TER DAILY RADIUM AID UNION wm bo sorrel to sal•
scribers residing in the Borough for Tee OMR DI Mk Will.
payable to the Carrier. Mail subsoribers, rmu noLLAiii
TDB WIIKLY PAINTros AND UNION 111 published at we
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JOB OFF/ilkr t containing s variety of plain and fancy
type, nrierlded by 111 7 estallehniant is the Weider of
the State, for which the patronage of the rade so
Baited. •
who threatened with curses and oaths against
Knecht, and carried a weapon.
What is the duty of the Court in such a case ?
Simply to wink at the offence, inflict a trifling
fine, with a few dollars costs of prosecution and
then turn the defendant loose on society ?
The Court understands their duty differently,
and that is, so to measure punishment as to af
ford protection to the public and individftals—
that it may be a warning to others in like cases
offending ; and at the same time insure at
least a wholoootno tendency, to cornet tho
fender himself. A different rule would fail to
meet the ends of criminal justice. If the law
less learn from the Courts that a few dollars
will authorize them to beat their victims, who
is safe from brutal violence ? Policy and jus
tice alike demand a different rule.
The sentence of the Court, in this case, was
not only just, but mild ; and would be so pro
nounced by the entire judicial mind of the
country.
The Constitution of Pennsylvania vests in
the Governor the power " to remit fines and
forfeitures, and grant reprisals and pardons,
except in cases of impeachment." Neither the
Constitution nor statutes requires the Execu
tive to assign reasons for the exercise of this
prerogative, but immemorial usage, with the
pardoning power, originating in a proper re
spect for the judicial tribunals, and a decent
regard for enlightened public sentiment, has
established a precedent in favor of so doing,
from which it would not be easy to depart
without shocking the sense of propriety, which
the custom has established in the minds of the
people.
It is always to be presumed that those who
petition for clemency, will set forth reasons
founded on the facts in the case, and as far as
the facts transpired in court, that they will be
faithfully represented ; as a willfully false
misrepresentation of them would not only de
ceive and mislead the Executive and induce
him to have steps taken to declare the pardon
void, but would also be considered in law libel
lous. " Intemperate reflections on the pro
ceedings of Courts of Justice, have always
been held libelous." Holt's law of libel, 170.
1 Hawk. ch. 73, Sec. 8. 1 Campl. 369, and
cases there recited.
" The law does not secure the author of the
publication, if the account is highly colored or
false." 2 Mod. 18,-8 East. 493.
The Executive, unless otherwise informed,
rote upon the faith that the representations
thus made are true; and we are sorry to add,
from the indisputable testimony taken in this
case, it cannot be said that while justice was
strangled "Mercy and Truth kissed each other."
But with more propriety it might be said ;
"and judgment is turned away backward and
justice standeth afar off, for truth is fallen in
the street, and equity cannot enter."
It appears from the evidence before us from
the "State Department," that political conside
rations are alluded to by some who urged the
granting of this pardon. Political considera
tions are unknown in this court, and will re
main so. The testimony taken and filed in
the case, shows that not one member of the
court either knew or inquired what the politics
of the parties were.
Actual or attempted political interference
with the administration of justice, is, morally,
a public wrong, and is always deprecated by
all good citizens. J. W. MAYNARD,
President Judge.
The followint Note 'erae 'also read with the
Opinion
NOTE TO THE OPINION IN THIS CASE
The pardon was produced in Court by Geo.
W. Stout, Esq.,' (a member of the bar) in
answer to a rule on the defendant for-that pur
pose. After it was read and the Court had made
the order to take testimony, Mr. Stout arose
and said he was not the attorney of the parties,
and knci only presented the petition in behnlf
of their attorney, who was absent. The Court
remarked to him that it could only be received
by the Conrt in answer to the rule, either from .
the defendants or their attorney. The . Court .
understood Mr. Stout to Impieties in their
suggestion, and the pardon was received. • The
Court then announced that the next Monday
at 10 o'clock, a. m., would be fixed for the
further hearing, and then at the suggestion of
Mr. Stout, 2 o'clock, p. m., of that day was
fixed for the hearing, instead of 10 am. On
the day thus fixed for the hearing, the defen
dants presented and asked leave to file a paper
signed by them; in which they say, they 'ter
epectfully protest against the action taken by .
the Court, since their discharge under the
pardon, and respectfully protest against the
right of the Court to take further action
therein." The Court directed the paper to be
filed.
The jurisdiction of the Court is ample over
the entire case. Besides the inherent power
which a Court has over its own records, by the
principles of common law, our statute gives
the Court full jurisdiction in came of the kind
—to take, in the name of .the Commonwealth,
all manner of recognizance—to continue or
discharge the recognizances, or obligations of
persons bound to keep the peace, or be of good
behavior. To hear and determine all com
plaints which shall be founded thereon, , and
have have and exercise such other jurisdiction
and power not herein enumerated, as may have
been heretofore given to them by law ; and are
authorized and empowered to continue their
sessions during such time as may be necessary
to complete the trial and sentence of any per
son whose trial shall have been commenced
during the period limited by law for holding
the said Court. P• Dig., 828-829.
The Court had the right, and it was their
duty to know whether their sentence had been
complied with, and if not, the reason ; and if
the alleged reason was a pardon, the Court
would be officially informed only be its pro
ducion in Court, and submitted to their in
spection, when it should either be filed or
copied upon the record, and the defendant dis
charged upon proclamation. The Court have
the right, and it is the only correct practice in
such cases to direct a habeas corpus to bring the
defendant into Court, if in session, and if not,
before a Judge at Chambers.
Pardons are frequently only partial, some
times conditional. The Court cannot know
whether they are genuine or spurious, without
inspection ; or whether they are full or only
partial, as in thii instance. We therefore re
quired the production of the pardon in Court,
according to our course of practice. It is not
singular that the defendants desired the con
cealment of the facts; after its production, and
that they desired no further investigation into
the matter. But the cause of justice, and truth
required the course we bare taken. The way
of the transgressor is always hard, and those
who continue to do wrong should remember
that the highest authority has said, "though
band joined in hand, the wicked shall not pros
per, or go unpunished."
We presume it was not the intention of those
who took an active part in procuring this par
don, to do anything criminally or morally
wrong, and many have expresed their repots
upon the subject.
Our statute upon the subject of libel, provides
as follows : "If any person shall write, print,
publish or exhibit any malicious or defamatory
libel, tending either to blacken the memory of
one who is dead, or the reputation of ono who