Chicago Daily Tribune Newspaper, November 1, 1873, Page 2

THE CHICAGO DAILY TRIBUNE: SATURDAY, NOVEMBER 1, 1873, PERTEET. The Chicago Wife-Murderer Be- fore the Supreme Court, Full Text of the Three Opin- ions Filed in His Case. Tho Majority of tho Judges Don't Boliove in Fooling with the Murderer Any Longor. They Are Satisfied of His Guilt and the Fairness of His Several Trials, The Scope and Office of the Remittitur Deflned. . Judge MoAllister Dissents from the Majority, and Has the Concur~ xence of Judge Scholfield. Unless Pardoned, Perteet Will Be Execcutcd Dee. 1 12, 1873. Special Dispateh to The Chieage Tribune, Orrawa, Oct, 81,—I have tho gratification of being ablo to send the first copy of the opinious in tho Portoot cage. Attorneys gouorally may rely upon them as being absolutely accurate. Tho opinion of the majority of the Court is by Mr.. Justico Craig, and is his maiden effrot in that line: OTPINION DY ORAIG, T, On the 30t of November, A, D, 1871, Anilrow J, Per- toot waa indicted for murder, in the Otiminal Qonirt of Cock County, On tho 22d dsy of the same month he plead not guilty, nnd on the 95th filed a petition for o chango of vonue, The motion for o chango of vonuo waa overruled, On tlio 20th of Decombor, 1873, tho canso was iried, and the verdict of tho Jury wos “gullty of murder,’ »nd they fized the penalty that tho defendant should suffor doath by hanging. This was followed by s Judg- ment of tho Court that tho defendant be hanged on ‘ho 12th of January, 1872, Tiao defondant brought tho rocord to this Gourt by writ of error, nnd tho Jjudgment of tho Criminal Court, wna revoraed and tho causo romanded, on tho ground that tho Criminal Court erred in not granting B chango of veuuo, On tho 20th doy of November, 1872, the record of the Crimiunl Court showa thio following proceodings in tho couso of the People v, Andrew J. Perteet: * This day again coma the gald Peoplo by Charles 11, Reod, Btato'a Attorney,and tho said dofendsnt, as well in his own proper percon as by his counsel also comes, and, it uprenring to tho Court from o cortifisd copy of tho opliiion of the Bupremo Court of this Stato, produced o11d read Lo the Court by the anid dofendant's counsel, fhat tho judgmont of thts Court in this cao has beott revereed, and {bis causo remandod for anothor trial, it 14 ordércd that this causo bo, and tho samo 1s Liero- by, radockoted, % Aud uow comes tho sald defendont and presents his sworn potition for a cliango of venuo in this cause, and tho Court, buing fully udvised in the premiscs, doth order that the venue iu this cause bs changed to £ho County of Will, and that the Clerk of this Court trauemit to the Olerk of tho Circuit Court of said Will County ol {he papers on filo in this cause, with a truo s earrect copy of all orders and proccedings of thia Court hud entafed theroin, and that tho sald defendant bo remanded futo- tho cuilody of thu Sheridl of Cook County,’ »: "Tho voniic of fhie caso baving Loon changed to Will Csunty, at the January ferm, 1873, of tho Olrcuit Court of the County of Will, the defendant entered a motion for & continuance, ‘Thomotion was overruled, » trisl biad, and on the 10th day of January, 1873, tho Jury returied o vordict of “gullty,” aud fxed tho ponalty that ho sulfer death by hanging. The judgment of the Court on tho verdict was that ts dofendant, Perteot, bo banged on the 14th day of Fobruury, 1873, Again tho dofeudant brings the roc- urd (o tliis Court Ly Wrlt of orror, ond urges a rover~ 33l of the judgment for varlous errors, We will examino the questions in the order in which thoy sroso during tho progress of tho trial of tho utigo, P76 Arat docision of tho Giroutt Court, to which ox- ception was faken, was tho overruling tho motion for # continuance. In support of the motion two aflidavits “ezo plod, ono for the purposo of procuring theationd- ance of oo Whliams, Who, on thie first trial, was 8 wit- ncsa for tho Paoplo. ' It appesrs, by tho sfidavit, that o tho evening of the murder, thia wituess woa 'walk- ing on Polk street, in tho diroction of Pertocl's houso, and, at tho time Bo henrd tho cry of murder, ho saw Hho dofondant ot the corucr of tho alloy, on Polk atrect, about a half block distant from the house, going nortl, Fow this ovidence could bo matoriai for he defondant it is diticult tosee, On the firat trisl thia evidenco was, 10 dout, offered by tho Peaple for tho purposo of ghowing tho defondan€ at or noar the houso when {he murder was commitied, at tho time, or goon after it occurred, in ordor fo connoct Lim with the crime, ad for tho defondant to show that ho was leaving tho Tiousa at the ime tha cry of murder was givn, would cortafuly bo evidenco sgainst him rather than i his fuvor, - ‘In tho other afdavit Alod {t is sllogad that one H oy was o matorial witness ; that bo Lived In Missouw whietber bis attendance could ever be procurcd is en- tirely uncertain, from tho afdavit, - No sufiiciont facts are setout n tho afidavit) by which tho Court could Beo that the ovidence of Harvey could ever buobtained, whiteh fs noceasary in o criminal caso, whon the wit- fioss fi out of the Ntute, and_cannot bo roachied by tho process of the Court. Ewbanks v, The People, 41 Llls,, 480, We aro therefora of opinion that the motion for n conlinuancs vwas properly overzulod, The next question thav aroso wag the deciefon of tha Court in altowing H, Merrilland Jamea_Bhelton, two witnesses whoso names were not in_the fndictipunt, to tentify on tho part of tho pooplo, The record shows that about thrao weeks before tho trial the attornoy of defendsnt was notified that thess witnessea would bo called by the people, sud on {ho morning before the trini wag begun o wrtten notico wna sorved on the de~ Condant's atfornoy that those witnesses would be usod on the trial, "This ourt has rapeatedly hold that the People nro not restricted to the witnessea whoso names ore in- Qorsed on'the back of tho indictment, a st of which Io required to be furniehed defendant’ provious to r- Enigiment,—AlcKinnoy v, The Doople, 2 Gilm., 652 Barduer v, Tho People, 8 Beam,) 89; Gatea v, The Peo® plo, 14 Tils,, 430. Th many eases tho construction of tie law contended for by defondant's counscl would defeat tho enda of Justico aud turn loose upon soclety the worst of crimie als, PTho noxt question thut arose was the rofusal of (o Court. to permit the witness fhieldon, on eross-cxamina- tion, to snawer tho quostion : * DId you hear any crics or nolsy trenteniip by tho crowd, that they “would Bbnng Perteot?" Tho objectof tho question, us stated by tho counsel for defondant, was to'show that Portoot §éft tho liouso where the marder was committed, and surrenderod himself to tho officers of {ho lnw, for the urposo of protoctiug himeelf from mob violnco, "Thi¢ defenso did_not scek, or offer to_shovw, thut Por- keet beard uuy of thuso thecats, £ any woro made, or thiat e bad any Leowiedgo Lhit any “wero made, ' In- dad, tho evidytico clearly showa dint Porioat loft tho Louse beforo tho crowd lisd assombled, The answor 10 the question would not have tonded fo oxplain the defendant's conduct, unless 1t thyesls woro mado, nnd ou this polnt wo percoiyo 1o oFroF in tho ruling o tho Court, . “Tho nost point relied upon by the dofendant to xo- weruo the judgment of the Circuit Oourt, is, thot tho rocord doca not whow a remlttitur from this Court, sud for (hat reason {ho Criminal Coust of Cook County had no wuthority o change tho ventio of tho catise, snd the Cireult Udurt of ‘_\mj l}(:unty had no right or Juris- iction to try the cefcudutt, o O natxed dietincilon, 1o many respocts, bo= tween the English practico wiul oup own in crlminal pays, Thorigor of tho English luw at o early dny fed humano judges to resort to techinical rnlms to suve Iuglife of u criminal, who was dunfod the x| thf mlln' #ol or {ho attenuance of wiiuesses to vindiculo his ipr pocence, Undor our laws, criminal fs in an entircly diffor- entuttitudo, 3fo lina u right to o speedy trlul bofore a Jury nd coiirt thnt aro [reo from blu oF projudice, %u¢ laws of tho lnnd furnish Lins ublo counsel for his dofense, whethor Lo Lius monoy or not, Tho procoss of tho court 18 ot his command (o couipel the uitend- &1 of witncasos; in fuct, our laws iford avery fucil- sty for ouo chiryed with erime £y obtain a fulr snd syieady trlal, This boing tho cuse, wany of the tech- sifeal rules dn tho Eogllvh ypractive” pro mot fu u3c under ours, Undor the Euglish Dractice, tho wrlt of error took (he entlro record from tho logpr court to tho King's Benel, sud tho remittitur truns- mitted tho entira rovord 10 tho fuforior coutt, Under our praciice, howover, tho writ of crror only brings copy of tho record from the lower court to tho Supremo Court, and tho romitiitur dock not transmit 2 rocord back to tbo lower court, mt I 18 simply n Topy of thie Anal order of Judgment of thiu court, and ‘sction of the Supromo Court i the causo, with " direce toun to proveed, It fa argucd thot the ullowanco of & \writ of orro, iu o capital casp, takes (ho_jurisdiction B¢ tho cauko froin the Orliiul Courd, Thix position “1s not tonable, ‘4o Oircuit Court roturus th originul Zocord I tho cause, [t furisdiction of tho cowsu §u “Bot takon away, bt Jts ‘power and authorlty to sct o proceed In the cause i stayed b 'llholtnmtu (Grous, 207) reuds ;= Tho sllewanco of such writ of orsor ahisll o suflictont authority to tho Dlerkc of tho Bupremo Court Lo fssuen supersedeas to sty tho oxcoution of tho sentenco of death, hut not tiaisclioryo of the prisoner from Jull." Jacob, n bix A Dictionary, seys: i A mporeodus iaa writ that lics f's groat many cades, aiid eiguifica, in_general, acow= iaha to gtay some ordfnary proceedings ut Jawr ou #ood vatso showi, which might suthorizoto proced,” "thia Tourt, in tha case of Diackerley ot al. v, Tho Feople, & Gilm, 207, said s * Llo order ullowlng o suporacdeny oca ot bperatoas & suspouslon of tho Judgmout, antdl the bond 4s filed oud tho writ of error lusuce, Wheu thoso procecdings aro hiad tho Clerk issucs the it duly misslon 14 to inform- the lower court of the iho object of which 1 to notify those intorested that udgment ara to be atayed until all proccadings on tho tho determination of tiic writ of error, 1t seema then that o writ . orror d lowior Court of Jurisdiction, 1t 5ny yon tho ‘afec to of such Court untll final action 8 ‘auspond tho power hnd in tho appolinto Court, It I8 truo, when final nction fa had in this Court, it s necessary Lo fllo & romittitur in tho Olronit Court, but tho question that arisca in this caso s, “ Waa (ho il of tie remittitur, it not heing Jurlsdlctional, wav by the dofondnnts" g ol vl Tho wholo acops and office of the romittitur in n caplital eano, whero tho Judgment i rovorsed, i to in- form the Circult Court whnt the docislon of this cano wos, Tho romittitur is nothing more nor less than the finnl order of this Court In the cause. Inatoad of, and In licu of the remittitur, tho defend- n the Orim- inal Gonrt o certifiod copy of tho opfuion of (his enco, produced to (lio Criminal Qourt, v not tho beat ovidencos it was not tho technical ovidonca tho lnw required; bt ot tho aud’ overy fact ant himgolf, ne shown by tho record, filed 4 Court In the cause, This ovids samo time it proved to tho Court cacl that the romittitur would, had it beon filod, and’ when iho dofondant himnolf of tho sction of action tho susponded produced and called wers of tho Criminal Court, which woro sisia na orror 7 In the coso of Nomaque v. The Poople, Breess 100, it in naid, “ The prisoncr, in a capital case, must Lo gonnidored a8 standing o oll b ¥ights.” 2to cannot Do consldered s waiving anything,” In that oaac, howaver, 1t ppearod thnt tho Indict- ment was not'found by tho Grand Jury, and no abjeo. tion was mado by tho defondant in tho Clroult Court, 324 tho question nroso whothor o ad waivod tho o ectlon, ; Tn Gugkowald v, Tho Poople, 1 Heam, 478 3 tho cans of Nomaque v, Tho People 15 roforred 1o, snd th sama doctring rofterated. At loter porlod howaver, in'tho caso of Beates v, The x'wglo, 0 gamo questlon arosc, and thia Court 6ald, @1t {8 esid thats prisoner in o capital caso is atanding on all his rights, and can waivononoof them, nor his counsol for him," and roforonceds made {6 Nomaquo v. The People In support of this position, This caso mesns nothing moro that this, that a pris: oner, in & capltal caso, 18 not to bo prestmed to waivo any of his rights, but'that ho may, by oxpress con- sent, admit thom all awy, can bo nofthior doubted nor denled. Ho may cortalnly plead guilty, and thus do- privo himaclf of ono of the most valunblo rights so- Cured to tho citizon, thatof a trinl by jury. If hocan exprossly admit away {bo wholo casd, then it follows that ho can admit away part of it, but will not bo pro- sumed to avo dono #0, Tho consent must bo cx- prossiyshown, aud (i 18 tig wholo acope of o doo- trino {n the caso referred to,” In tho caso of MoKiuney . Tho Looplo, 2 Glim, 550, this Court sald: A prisouor on_trinl, under aut laws, hns no right to stand by and sufter irregular procecdings to take 'fl.nm, and then nsk to havo tho Jrococdings roversed on’ error on account of such rrogularities, Tho low, by furnishing bim with counsol to dofend Lim, bas placed Lim on tha ssmo platform with othor defondants, and if ho negloct, in proper time, to inaist on them, ho waivos thour,” In cago of Oliago v, The Tcople, 41 IIl, 358, thie doce trino Iaid down in tho Gugkowskl caso was ‘roviowod by this Court,and in that caso it was sald ;@ Tho decision_in Guglowskl'a case was placed upon tho ground that in a capilal caso the accusod stands on 811 his rights, and waves nothing which is irregular, As oxplained in tno cano of Tho Peoplo v, Bcates, this means nothing more than that the prisoner in o capi- 1al caso {9 not. presumed to walve any of bia rights, but he may, by oxpress consent, admit them nil away,” Theso decisfonn com to aettle o question, Dut tndepondent of tho sottlod aud_uniform dect- slons of thia Court fn thisquestion sinco tho caso of Tho Tooplo v. Beates, wo havo n statute which soems to be directly in poiuit. Tho atatuto (Gross, p. 787) pro- vides, * All questions concorntng tho regularity of the proceeding i obtaining tho chauges of venuo, and the Tiglit of tho Court to which tho chiango {8 mado to {ry 1o cause and executo the judgment, shall be consider- cd na watved aftor tho trial snd verdlet. Tu tho caso of Gurdner v, Tho Peoplo (3 Scam.,, 87), n quostion in somo reapecta analogous to the ono In this case nrose, aud the Court in that cago gave a construction to the statute, quoted aupra, Tho Court sall: © It Ia urged that thio Morgan Clrouft Court ad no right to try tho prisonor, bocauso tho record of the proceedings in Beott Colnty was not properly cortified by tho Clork aa roquired by tho atatuto, No objoction was mado in tho court Lelow, before or ftar the verdict, to tha regs ularity of the prococdings in Scott County, or to ths authentication of tho samo when changod 'to Morgan Couuty. If the authentication of tho record was do- footiva thio prisoncr should biave availed Limaelf of it in tho Circult Court, beforo trial, Not having dono #0, tho Irrogularity, If in fact any’ existed, ia cured by the atatute.” ¥ Tho defehdant, In the Clrcult Court of Will Gounty, interposed no objcction to tho jurlsdiction, to tad power or right of the Caurt to try tho cause, but o Yoluntarily entora his motion in the' Criminal Court for n chsugo of_ venue, eauses tho venue to bo changed to Will Couuty, submita to a trial in the Gircutt Conrt of Will, without objection to tho jurlediction, and ofter the verdict of tho jury is against him, Lo insiats, 4n this Conrt, that the Oriminal Court Lhos no power to chango the venus, and that the Oircult Court of Wil County liad no right to try hin case. Upon both prin- ciple and authority, wo aro of opinfon that tho defend- ant walved all iko objections that e now, in this Gonxt sccks to mako.—Brouman et &Ly, Tho People 15 1il, 576, 5 “Fiafa caso hins beon submitted {0 8 Jury of Cook, and alép to a jury of Will County. Paih have found tho defendant gitlty,—that ho Loa committed tho highost crimo known 1o the law of the laud, It ia out of prob- abllity that auottior Jury would acilvo at w difieront reault, Tho ovidenca In the record not _only shows that the defendant committed the murder, but hin wifo, ono _whfim he Lind sworn to protect, wos the viclim of his malice, Percolyiog o error in tho racord, tho judgmont of tho Ofrcult Qourt of Will County iz aflirmed, with costs ; and tho Court order that tho prisouer, Androw J. Perteot, whall Loexocuted on tho12th doy of Docome ber, A, D, 1873, botwecn the Lours of 10 o'clock a, m, and & clock p.1m, of that duy, and that this sontenco, stll bo excouted by tho Bherl of Wil Gounty. Judgment eilirmed, The Hon, Bidnoy Broese, O, J., tho Hon. P. H. Walker, J., and tho Hon, B, R. Bleldon, J., concur in this opinion, THE DISSENTING OPINION. The dlsyenting opinion is byJudgo MeAllistor, and is a8 follows : 1t is on elementary proposition that does mnot sdmit of controversy, that upon writ of error In a criminal case, the causo must bo dotermined solely upon the recard seut up to this Court ; aud tho only exception in civil cases, fu whon thero i ploa fn thist =t to tho asaigument of errora metting up oxtrinsic matiers, auchng o releaso of arrors, etc, In thonbsenceof such ples, tho samo rulo obinins in civil cases. Now the rocord beforo us shows that, at tho Decom- bor term, 1873, of tho Criminal Court, tho plaintlif {u error was convicted of murder, aud entenced to bo hunged on the 12th doy of Jautiary, 1872, Thon tha rocord ehows that, at tho Doccmber term, 1873, of that Court,thia eutry byas 1unds : 4 ula,_day agafn camo the sald peoplo by Charlea H, Resd, Stalo's Attoruoy, and the sald defeudant ss well in his own proper raon, as by his counsel, also comes, and it appearin mum Court, from s certificd copy of the opinion ol thio Bupromo Court of thiu State, produced and read to the Court by the defendsnt’s counscl, that the judg- ment of this Court in this causc has been reversed snd this causo remanded foranother trial, it i ordered that this cause be, aud the samo is hereby, redocketed,” 1t i3 plaln, beyond tho possibihity of cavil or doubt, {at tho Orifinal Court assumed Juriadiotion £0 ro-try plalatiir-incorror uran tho simo tadiatnient witels Lo boforo been tried and conviotod, upoa tho mero production in, and reading to, tho Court, what ia callod o opinfon of the Supreme Court, which vaa not oven filed in the lowar court, and 'without ono scintilla of suything u tho record which shows thut o writ of error had ever boen brought from this Court to (hnt judgment, or that the Supromo Court ever had lfl’f Jjurisdiction of tho case, o recora further shows thot aftor the Criminal Gourt had {ljus assumed jurisdiction of the cause, tho ploin{if-in-crror madoau pplieation for a chango of yonue, which was allowed, and {ho vonue cliauged to {hio Cireuit Court of Will Gounty, where, at the danu- ary ferm, 1873, of that Court, ko was farcod to ' trial against bis objections, waa convicted of murdor, and acutonced to by binged on tho 14th day of Fobruary, 1873, Tho caso was brought hero by writ of orror, aud. it {3 asaigued for error that the Criminal Court of Cook Caunty sssumod jurisdiction of tho cass at o torm subsoquont to kovoral torms uftor thut gt which & Anal Judgmont had beon peivlerod agaiust i peisoner; Without sny suthority in lnw 50 to do, and thut {lio subscquent conviction Is therefor irregular and vold, In my opinfon that position ia unanswersble, and I cannot, therefore, giva my assent {0 citlior the Feason- ing or the conclusion of themajority of tho Court in that behalf, Tho reasouing s substontially {his : That, inasmuch on tho orlginal record is not brought to this Court by writ of orror, ns In Eugland, bt only o tran- Delng, mean- seript of it, tho case 18 to be deewed a8 while, within the juriediction of tho lower Court, whosd power {8 merely #layed or suspendod by the racdens bocomes nuperecdess ; that when ho supo functus ojicio by a Judgment of roveral in this Court, then the clent, Witls all due respect to the opinion of my brethren, T ol ponetrained 10 soy thut fu my Judgmont (hiy and the doctrine embodied in it, are wholly ( Dbeepuse :‘xclludusmll;nfipnr?lim‘xvfiln Elln} lin) nciple, which his ¢ on final At o o0 Dlont. Cotirt, olther in a rensoning, unsound, ivil aud criminal caso, and the teym closes, the Court deringsuch judgnnont couses 0 haye uny jurlsdic- {lco‘:n fwournx':m ;mf-unu or tho subject tar, gn? can nelthior grant s new briul or vovise any deolsion b higs mado in the ecauso, upon that quostion is, 295, There, final judgmont wes Fendoro Avril torm, 187, AU tho Octobor torm tollowlug notion wus mado to sot nelde that 5udgmvnt, T Te-aeegaa tho damnges, which was allowed. ©ugk y. Wood ot al,, 24 111, the motion was made to set asido the judgmont, exhausted, and was at an énd, decldo on It ngain, or to chunge vpiulons ouce given, or mpko new docisions,"” "Ihis Qeetrine has been roltoratod and afrmed Ly this Court over gnd over again. 8o in the Bank of the United Blated v, Moes, Gourt, of {hio United St {io now torm, iu May followlug, Whon the Oourt 1 dertook fo et tho }q’d wont uside, 74w pouvr of the Court over the original etion ftaelf, ar 1ta’ merite, une Ader the proceodings then existing, had been exhauated.? Inall theso cuses the orlginal rocord remained in tho Cfrouit Court, It Is thurefore clear and indlapute ablo that the Oriminal Gourt, at tho closo of the Decepbyr terin, 1871, ut which the firat final judy- ment was rendered, lout ull power ovor the eauso, It power wan thon exbausted—usnded—Irrespective of tho Tuot wholher s writ of ervor was sllowed or uot, of tho sentenco, modo and cordified by the Ulerk caj fl!ll{hu Court, and dotivered to the Bhorlil, conatitutes his autbority toinflict tho peualty of death on the prigoner, ThoSherlit I8 o mero ;mlulllarlnl ofticor, and tho ovidenco into the writ of orror, docs it now lie in his moutl to objoct that tho Oriminal Court acted on in- sufliciont evidonce 7 Did hio not, by his own voluntary act, waivo evidenco of a certain fact which he now in- urisdiction of tho lower Court Lecomos ope erative, and without reatraint ; and that ‘thp fact of snch rovorsal uy bo eliown by any, even @ccondary uvidonce, which (ho lowor Court may regard o8 sufli- “Who Jeading cavo in thin Blale d ot thio o fo : to this Court, tho Court said: “Tho caso wfl‘;?:‘;‘s:;lfinrll; on the docket at the timo at wh‘k;l: 2 C g0 had “Ucen previonaly woweer of the Court over Shs ’ullwl‘ll:i w‘:_" gflmd Wy o Howard 18, {lo Buprome tea’ ppon tho ‘samo queation says Tho action was not regularly on tho docket at hands, snd not thors of the Court : thoy arcTstayed by tho ezhauntion of powor at tho closa of tho form nt liol fudgmont was randrod. Tlieso proponitions aro oli ioo cloar o admit of argument, _1f tio power of the Oriminal Conrt ovor this cass wan oxhinustod— endod—by ho rondition of Anal Judgment at {ho Docombor torm, 1871, and at thio closo of ‘that form, I hinvo shown by tho highest authorities, ;then does it not follow that ilie reasoning of the majority of tho Gonrt In nnmatinfactory, and tho concluekon tnaound 7 Tho position of n majority r* thls Court ia tint the yower alill Inlieren in the lowor Conrt, and_ i meraly fapondod by the mupcrsodeas, My pomtlon {s that tho powor in uttorly gone, fur thio roasonn atated, Tifs I concarve {0 bo tho_hinglug pointof (liin dis- cussion, Forif the power bo utterly gone, thon it fol- low that tio lower Court mut bo olnvested with it, 1 logal yog, baforo, any notton cra bo talien in the causo by that Court, 1f wogo ont of tho record, and asBUmo whot nowhore appenrs fu t, that thero was o writ of error from this Court to that first judgment, then tho legal effect was to withdraw tho caso from the Jowar Court, whoso power -over it was oxhiaustad, {o +this Gourt, and tho catino becomes thercby pending in this Court, Womny travel stlll fartlier out of the rocord, aud aay thot Bch_case, upon orror, wan_con- aidored by (hia Court, snd_an ‘opinion fled, which i roctod tho Olerk of {is Court to entor judgment of royoraal, and remanding tho_catiao, yot inasmuch ag it d8 gnot clatmed, in tho opinion of tho mnjority of tho Court, that & judgment of roversnl was ln Tact ontorod in thfa ouit, and aa it fs not trito in fact that any mandato or proccss of romittitur over issucd £rom this Gourt, T maintain that nothing hos oceurrod ‘whioh rofnvestod tho riminal Court with power or {’\lrlddlouun in this caro, afior the closo of the Decom— er torm, 1871, To do'so it was requisita that tlio oxprosa andate of this Court should go, o duo form of law, not only roversing that Judgmont, but carry ing thiocauao back to that Court, f the doctrino of tho mojority opinton bo tho cot- Toct oo, why may mol U lawer Court proceed 1 evory caso, ai ita discrotfon, which lis gono into final Judgmont there, upon tho mero roversal horo? Yob overy lawyor knowa that whou & casods brought hero by writ of error or appeal, aud s simply roversed, tho Court bolow has no power to nct, unlcss it is nlno re- manded, Thia doctrine of tho common Inw ia fully em- bodled in our atatuts, in forcont tho timo of tho attempt 10 rolnatate Lhis catisb, # Whon causo or proccoding s remandod by tho Suprome Court, upon n transcript of tho order of tho Supromo Court romanding tho sarmo, deing fled n tho Court from which tho causo or pro- ceeding was remored, and not less than ton doys’ no- tico thereof being given (o tho advorso party or his aitornoy, e cans or proceeding shail B reimstated therein.! "Boss, Laws, 1871-1873, p, 651, Sac. 83, Nobady will claim tHt a copy of the opinion, which tan diroction to tho Glork o {0 what judgmeht shall Uo_ontarod, and to thé Court below in respoct to its ruling, 16 & tranacript of tho order of this Qourt ; nor can it 'bo regardod os fls cquivalent, Dut hore o copy of an opinion, with nothing to ‘stiow that any sucli casa was over before this Court, was read, and tlat ovon not fled ; and, upon thnt alone, the Gourt Dolow assumed_to' exerclso # Jurindiction which had Deon utterly exhausted snd ended, I maintain that thin act_of the lower Court was irregular mud void, But whilo the mojority of tha Court do not ' concedo that 80, yet tho opinion lnys much stress upon tho foct that an appilcation waa aftorwards mado on bebalf of thu prisoner for & change of vomo, It must bo rownombered that tho record docs not show that dofondants counsel moved to hovo tho cao ro-docketed, Dut after tho order of ro-dockoting was made, he moved for a chango of vonue, My posltion, as '8 lroady shown, ia that with- out a transeript of tho final order of this Court belng flled, tha Court balow was uttorly without jurlsdiction, If correct in this, it follows that tho Court. had no au- ihority to mako nhy order in th causc, ond thio appli- cation by tho prisoner could confer nono; becaus it ia an elomentary rule, that consont cannot, confor juris- diction of tho subject matter, Bupposo tho question of & writ of errar Wero wholly out of tho caso, nd not appearing in tha rocord, It sbould be so conslderad : that tho Bleri had lot the time go by for exceuting tho prisoncr under thia firat judgtment, and the Grim- inal Court had ordored tho prisonor _brought into court, snd whon brought n Lind orderod his caso tostand for anothor trial, Tho prisoner makes no yoluntary appearsuco; ho {8 brought in by force, Bupposo then hio moyes for a chaugo of yenue, and it 18 granted to Will County, Ho s taken by forcoto {hat county, snd thero tried and convictod, Would it bocontended that beeause ho naked for a change of vonuo he thoroforo rovivod tho alresdy oxhaustod Jurisdiction of the Criminal Court, or conforred any upen the Circuit Court of Wil County? Bupposo a prisonor charged with folony 1 ordored to atand for trinl without' soy indictmont hoving beon found againat in, o5 on ol which hns naver boen prosoit- od and filod in the Court, Would hin taking o chango of venue to another county confor jurisdiction? In tho caso of Rainoy v, The Peoplo, 8 Gilman, 11, the prinoner was arraiguod upon au indictment whict had never been presented in court. o applied for aud took @& change where Lo was of vonto to amother circuit s tricd for murdor, and found guilly of 'manslaughter, Upon orror to this’ Court tho convictlon was roversed, becatso tho record did not show thio roturning of tho indlctment uto tho Court whorcin ho was first ar- ranged. Why was this not walved by taking o changa of ventio? Simply becauso it was jurlsdictional. In Liviugston v. Rogers, 1 Cafue's K., 683, tlio caso was tukon to tho Court of ‘error, whoro tho Judgmont of tho Court below was reversod, snd » venire de novo awarded, but which was nover aucd out, *And tho Court, Kont 4., dolivering the opinion, says: * The second trial was’ consequently without any uthority, und fnour opinton alfogether null and void, There cortainly never was au inatanco of anow trial ind with- out aniy award by tho Court, for the same, and without any, vecord o wuch atcard aud such now trial Lold §o9d, moraly In consequenca of tio appoarauco of tha eferidun That wan clyil case, whero the defondant could ap- pear voluntarily. This is n capital case, whera the defendant {s brought into court by force, and it 16 to ‘Dboregarded os standing upon all his rights, oxcept such a8 lio deliberately and cxprossly waivos. T am of the opinion thut the Judgmont of the Wil Qircuit Court, upon which tho plainlif-heerror i ordored to bo nxecuted, fa altogether null and void, 1 think also that thera was crror u overruling {he motion for & coutinuance, especially for tho absenco of Williama, Tho theory of the defense was was that tho prison- or's wifo committed suicide, a8 slio had ofton threat ened to do, Tho prisoner was infirm, vory lamic, and could get down stafrs ouly slowly and with dificulty. The homicido took placo up-stairs, Now, by showing the prisoner 8o far awsy from tho Liouso' at tho timo Willlama mot himj was for the purpose of raising tho inforence that tho prisoncr could not Lave inflicted tha wound, and, in Lils physical condition, bave got &0 far from tho spotat 1ho timo o was soon 'y t1da abacnt witness. Tor tho reasons stated I think tho judgment should Do roversed, and {ho causo remanded lack to the Criminal Court of Cook County, thus treating tho chauge of venuo s o nullity, Scholfiold, J.—1 coneur i the viows exprossod In the foregoing opiulon of Mr, Juslica MeAllisior, ANOTIIER DIEBENTER. Mr. Justico Bcott also filod & dissenting opin- ion, as follows ; Iam of tho opinion {hat it waa error in the Circuit Court to rofuse n continuanco on tho flidavits fled, Tho ovidenco fought {0 bo procured was all-important {0 cuablo tho accuscd to mnke hia defense, and the diligenco shown to procure tho sttendance of tlio ‘williessos, certalnly 58 to ono of {liem, waa complete, Tt wus not. possiblo, under tho circumatances, for tho prisoner to'do more, Upon tho question whefher tho Court had jurisdiction to proccod again to try tho causo withoit » mandate frowm this Court having beon firat Oled, T do not desire to express an_ opiuion at this mo, 'further than to sny I do not conour in all the reasoning of tho majority of the Court on that polut. In viow of the rulos of court, and after most careful consideration, it s my doliborate judg- meat thero fs error i tho Focord, for whicli tho judg- ment of tho Clreuit Court sbould bo roverscd, e T IOWA NEWS ITEMS, Till-tapping has become so frequont at Des Moines that morchants aro bocoming justly alarmed, and in many cases sre putting mn ¢ alarm-drawors." —Couuncil Bluffs is to have a now daily. It will bo christoned the Globe, and it is expocted that tho first copy will bo iesued noxt Monday evening, Politics—Anti-Monopoly. —Dos Moines is ovorcun with rats. Thoy havo invaded tho cellars iu armies. One of the 1agt rodont exploits was to gnaw off & lond water- ungry. —-fiutwauu Marshalltown and Gilman, wo should judge that not more thun one-half of tho wheat bnd beon threshod, his sliows that tho farmors are in comfortablo circumstancos, and are not obliged to sncrifice their whent for the prices that aro_offored by tho robbers aud amblors in tho Hast who control the market.— arshalllowon Times, —The caso of A, Belair ngainst the Chicngo & Northwestorn Railrond Company ocenpied Lfiu Court mout of lnst wook, and on Baturday the jury brought in n vordict of $11,000 for the pluintifr, Delair was squeozed between tho Bywitoh-ongine at Moingona and a troight car whilo coupling. Among the **special findings,” tho jury decided tha draw-bar of the car was not in _propor repair. Tho amount sued for was $16,000, A motion for a uew trinl iy boing or- gued this weok, The casa will no doubt bo takon to the Bupremo Court if n new trial is not granted,—Boone Counly Demooral, —Abaont two inches of snow covers the ground, tho sidowalks aro slippory and coated with gnow, and to all appesraucos wintor is hero in earnost, If 8o, [t will bo a long and sovers one, and cnueo & grest amount of suffering among tho woalthy, ‘Lho poor are provided fur in tho Poor-Iouse, Last year tho first enow foll Nov, 4, now it comes & weok oarlior, boforo “tatord™ are dug and cnhlmsu stumped. All this comes from Juy Cooke's bursting lust month. 1o made an awful nmount of troubls, smashed the monnir u}mtqln. mado potatoos high, sont snow and leo in October, fooled with tho elomonts, and bns more cnomies than any man living,—Dubuque Herald, — A Youthful Iden, Tho protty playfulness with which little chil- dron chiarm away tho eares of their parents in il« lustrated by a tonching occurronce in Indinna. Aboy of 0 years, aftor watching the Inuudry proccodings, und ospooiully tho way In which tho wrinklos in thio linon dlnnr[mnmfl beforo the fint~ Iron, rotired to ‘meditate i the room whora his fathor was taking his aflor-dinner ‘nap, Thoro, fiing wpon o furrows whioh yonya of strugglo ad mado upon the marble brow of his pavent, ho was golzed by u beantifal iden. Inlvss thans minute that dovotod Httle boy was smoothing out thoso marky of tine and sorrow with s vory ot fln!'~lru|:. Lifo n‘!{wun’g ‘m.-mn 0 happy to Lis N T us E(pu. which is fair ovidence that tho rat was | ry. & THE COURTS. w | The State Gambling-Law Fully Sustained. Tho Chap in Charge of the Room Liablo to Punishments Probate of the Will of the Late Samuel W, Fuller. Good News for the Lamar In. surance Creditors. A Dividend of Twelve Per Cent Nearly ] Ready for Them. Announcements for To-Day and Noxt Week. The following is the opinion of the Buproma: Court on the caso of A. L. Stovens. It was de- livered by Mr, Justico Sholdon : . This was an {ndictment for koeping & common guming-house, framod under tho first scction of the |. aotof Fob, 99, 1872, laws of 1673, page 402, upon whitch tho PlAKUL in error wna convioted in the Crim- inal Court of Gook County, Tho Court balow gave this inatruction to tho jury on Lohalf of tho fmof’h : “Tho Court fnatructs tho Juty that this is on indictment for keoping » common guntag-bouse. 1¢ tho Jury ballavo from the evidonce, boyond s reasonablo doubt, thnt the raom in question was & common gaminglouso o8 charged in tho indicimont, and that the defendan woe prosont and in sny woy or manner sidod, or abeited, or asalstod in keoping, operating, and running such gaming-room, a8 cu.ml" in tho indictment, tion the jury should find the dofendant guilty, al~ though Do ‘was mot tho mctual owner or proprictor theroof ; ¥ and rofusod to give theso instructions naked by tho dofondant s 4 If tho jury bellove, from tho ovi- donce, the defondant was not sn owner, propristor, or intorested in the profita of tho business’ or Louse, but ‘wa moraly thre, if at all, 05 au_omployo or servant engaged for the occaslon &t woges o gratultously, with the profita, if any, or proceeds of the game belobging tootlior_partics ‘or owner, the defondant fa not a lmot‘nr within the meaning of tho law, and defendant ought to bo xequitied. hio keopor of s garoing-honss, within the meaning of tlio law, is one who In owner, lessce, propriotor, or directly intoreatod in the busincas and ‘it _profts, as distingulslod from servants or mplogen; sud i cou- control or. voico in tho management of tho busincss— to which defondant oxcopted, As grounds for tho roversal of the Judgment, 1t 1 urged that tho evidenco was InafMcicnt to show that tho place 1n quostion was & common gaming-house, and that, if it wore such, defendant below was not the keoper of it, and that thore was error in giving and ro- fuaing {nstructions, Tho evidenco aliows that,on tlio night of Feb, 65,1873, the plaiutifr in error was acreatod i an uppor room af No. 183 Madlson street, Ohicago, with sovan or olght gilier porsous who woro in the act of plasing faro. Tho wiinoasgs appoar o havo beon acquiated with the usual furnishing of onscs of fthis doacrl tion, and thoy teatilcd that the promises in guell(un wero furnished as & common gaming-house, oacribing in detall tho parifoulars in such respect. Tho ovidenco shows more than & mero assomblago of oY or olglt porions, and Lo playing of & gome of ro. Thero was sufliciont testimony to warrant tho find- ing that tho room in queation Wwas at tho time of tha arrest fitted up, furnislied, and then being used sud Xept a8 n common gaming-house, Was tho plaintin [n error tho keeper of 1t? Hoap- red from tho ovidonce to bo tho one in charge of o room, and, in our judgment, the ovidence fully Jjuntified {he jiiry in inding that ho bad the superin- tendonca and chargo of tho same, § A stipulation in writing by tho Blato's Atorney was tntroduced au evidenco in belalf of the defeudant, that “Ifonry (reported to bo_s gombler) would tostify, if presont, (hat sald A, L, Stovens was nnd 48 u0f ovnor or prapriclor of the houso in quostion, or Intoroted in the profita of lio same, s profits, buk at the tima of the arrest waa only ongsged in dealing thocardn.” All persons who sid, abet, or aasfet in tho commis~ #1gu ot & mialgmennot aro gullly an principals. A landlord who demnisea premisos to bo kept for tho ynrpolo of prostitution, and which aro ‘kept with bia nowledge, cepeclally whiere ho derives & profit from that mode of using tho proporty, may well ba callod tho keoper of a comnmon bawdy-house, and mey bo in- dicted and punished o8 such: and tho lessco mny bo Joined with tho lessor {n tho Indictment, Tho Peoplo v. Erwin, 4 Donia, 129, o whore tho defendant, ss head clork or ngent for snother, hia the general managomont and superintend- once of ‘& sloro in which spirituons Hquora go bold by e subordinate clork whom tho dofendsnt had n to control, 1t waa hold that ho might be convicted aa a rotailor of spirituous liquors, although ho did not carry on the business on bis own account, but for an absont princi- yal, State v, Dow, 21 V,, 488, i One of tho definftions which Wabeter gives of ¢ kéop- or” ia ‘‘one who hus tho care, custody, or superintend-- onco of anything."” Tho Instructions refused declare tho doctrine that to warrant the conviction of the defeudsut ss the keoper of & common_ gaming-houso, ho must have beai the propristar or lessos thereofy or dircelly tutor- eatod in the profita of tho business or housa, and that it would ok bo. sullciant that b was morsly an em~ ploye. 11ff In orror, that tho word keoper nocessarily implics elther ownership or the right to participate in tho profita of the thing kept, In consousnco with b5 principlo of tho suthorities citod, and sgreeably to tha definition of tho torm #keopor, " as given by lexicographors,wo aro of opinion that if tie defondsnt had tho gencrul superintendenco and charge, though but s an employo of tho gamin; houso fu questfon, and of tho gaming thera carried on, lig gt bo regarded i the eopor of the ouge, of ot loast that Lo 8o efticientiy aided and abetted in tho commitslon of o olfonao of Kooping the ouse, Uiak ho might be rightly convicted of auch offonse, ' Such o construction, we think, doos no violenco to languago. Under tho opposile cohstruction coutended for, tho propristors of gaming-houses might Hve in anatlicr Gtate, or bo unknown, and theso places of resort for anuiig purposcs bo iainiaioad and Xept up o, our midat, through the agencyof othore, with imynunity, As inplicublo lo e facts of tho cise, wo rogard iho instruction glven as substantiolly corrcct, and thouo refused oa properly dunlod. Tlie fudgaiout amuat bo aflirmed, THE LATE JUDGE FORTER. Thesa aro tho romarks of 11, 8. Monroe, Eeq., yosterdsy, ou prosenting to Judge Blodgett's Court tho resolutions rogarding Judgo Porter 1 Lave, your Honor, boen appoluted by tho mom- Dora of tlia Chicago Bur to prosent to, and ask that thioy o apread upon thie rocords of, this Court, the res- olutiona adopted by that body iu fouor of tlio Hon, William A, Porter, lato Chict Jusiico of the Buporior Court, o achiovo honor and dlstinction fu_our pro~ feaslon, one must possss {ndustry, ability, and integ- rity, Judgos, jurics, clients, our professional brothren, and tha publio witness the conilicts of tha bar, and their judgment {8 almost invariably impartial nud correct, and ho who ries from an houorablo post- tion aa o Iawyer to o'place upon tho Beuch, and thera fora period of six yoars 50 discharges his duties os to merit the o of ai able, upright, just, and impartial Judgo, one whom 1o bins'or prejiidico can aworve, no impropor molive influence ; one who i8 nlways true to hiw own convictions of right, and firm and foaricss in tho dischargo of every kuown duty, whon be lays dovn the robes of his offioe and miugles with Liu ful low o, duslesa und rocelyes thelr geatitudo aud at- fectiounte regard ; and if fn tho midet of his uscful- noss and in the medium of his lifo, ho exchangos tho ermiue for tho robeaof fmnortality it s meet tunt his momory bo houored, William A, Torter posscased from catly youth au aimest porfoct physical constitu- tion, e studiod law with relative ominont for Lis professional nttainmonts, Howas patient, Iaborious; und conscienkious, aud, althongh slow in feacling bls conclusfons, whot ho iad marked thom out thoy be- camo & part of his mental organization, s solld " foundation upon Dbuild in the future, enco his intelloctual growih ‘was glow but sure, his dovolopment grand and mas- sive, Analawyur’ bo rualized to tlole fullost oxtont all tho obligations of his oflice, While howas sble, zoulous, anid vigilant {n gusrdiog bis olionts’ rights ‘and ntoroats, lio realizod that hio'was nn oflicer- of the Court, and oulo of it miniutors of Justico. As s judge Tio was Inborlous, consclontious, sbovo all prejudico—n man of unsulliod purity, -Alwsys able, uncorruptible, and holding with oyon balsuco the scalos of Justico, ho wau st the timo of bis doath, in tho opinion of tHoso Who best know, Lim, Sraproviug o Intellgctual povwer snd legal kuowlodgo fuster thun at nny formor poriod of bislife, o dicd at the vory noon of life, at tho period of iy most rapid fntelloctual dovelopment, in tho midst of his labors, aud fn the dischargo of his dutiod, Without o moients warring thy uplified Dond foll upou bim. At tho vory time whon your Honor appointed Ll ono of the Committes to draft the rosolutions In honor of our lemented Lrother, Gamuel W, Fuller, ho lay dead alono in Lis own room, Within few feet of his ‘lifolcon body Lay tha papera of o cass ho Wae prophring 10 docide, an open volume of tbo wtatutes of Tlinols, and pesr thom the Holy Dible, ovidouces of a consclentious dlscharga of dutics to oy, und rolfance upon and falth u Him who rules and 1a to Judgo the world, THE WILL OF MU, FULLER FROVED, The will of the lato Samuel W, Fullor was proved yostordey in the Qounty Court, snd lot- tors tostnmontary granted to Lavinia 0. Fuller and W, Irving Oulvor, undor a bond of $200,000. ‘T'ho following is o copy of the will ; 1, Bamuel W, Fullar, of ko Olty of Ohlcago, In the Colinty of Cook, and Stato of Illiuois, do by Ihice prosonta nalko and publish this, my laal will atd testa. nent, horoby mkiug vold all formor wills by me nt auy tlmo Loretoforo mado 3 “{rat—1 givo and bequosth to W, Trving Gulvor, of Ohlcago, 1n tho county and Stato aforesuid, all Ty Inw-booke, on tho coudition that Le wlil sswino uud 1, gut of v own, ooy, wud hokd iy catato burin- oas from, ull kabllity for whatover indobtudnces may at tho o of my death romaln unpatd on_account of tho purchase of kald Iaw-books or auy of thon, Sceond—1 give, doviso, and boqueath all tho 'residuo and romuinder of my eatate, both real and personsl, to my wife, Lavinia O, Fuller, i'hml-x Loroby nowinate sud appoint wy wifo, La~ Wa cannot admit, as conlended by counael for plain-- which 1o, vinin O, Tuller, and the sald W, Irving Qulver, tobo. tlio oxeontrix and oxcoutor of {hifs my will, and 1 horos by roquent and direct that nolthor of thioso alall bo ro- llllln;s {o furnish goourity on thoir official bond, In witnens whercof I hiavo horenntoset my haud and sonl thin fourtoonth day of Decoubor, In tho your of our Lord, 1873, 3 BamuEL W, Furten, ‘The suhsorlbing witnossos aro Robort 1. Lin- coln and John Forsythe, In the aprllcnunn made by the exeontor and oxaeutrix, tho atato f8 sworn nob to oxcood 100,000, His ostalo consists of 80 ncros in "azowell County, 160 meres in Lort Dodgo Distrlat, lows, an undivided balf of Lots 4 and b, of the subdivision of Boction 8%, and tha N. 1¢ of Soction 2, 88, 13, in Cook County ; au undividod 3¢ of B 3 of N, E. I of Seotion 90, 89, 18 ; an undivided 1-16 of the B. i¢ of tho B.'W. 3¢ of Soctlon 32, 89, 18; an und(vided i¢ of tho N, 1373¢ foot of Lots 16 and 10, Blook 3, of Boliool Boctlon Addition to Chicngo. * Also tho pramises known ns No. 07 Calumot avonuo, Ohi- cngo, and books, furnituro, sundry notes and ncoounts, and other porsonnl property, in sald Gty of Ghicago, TIE LAMAR INSURANCE COMPANY, QGeorgo Chandlor, tho Rocoiver of tho Lamar Insurance Compnu{, icslordny fllod two re- Porta, in ono of which ho stntes that a numbor of creditora hold clalms against the Compnny ‘which flxu{uro willing to surrender In paymont of olaims held against them. He thereforo asks that such a compromiio may be allowed, and that & imit may bo fixed for flling claima against the Company, In tho other roport, ho states that ho liae on hand & sufficint sum to pay a dividend of 12 per cont, and aske to bo allowed to do so. Both thoso potitions wero grantod, Mr. Chandlor statos that the dobts of tho Company already proved amout to about £146,000, and that hohas on hand about 318,000, o oxpeols to bavo tho money ready noxt weok for tho oroditors. A large amount 18 yet in lit- ;gn‘thi]n, but it is expectod the Company will pay o full, BUIT AGAINST A DELINQUENT TRUSTEE. Martin Kennedy, of Ircland, commenced an action against John Onuhlnf, in the Circuit Court, to compel him to fulfill a trust. Com- lammant statos that in Novembor, 1873, his Prothor Thomas dlod, worth about 612,005, and leaving 15 roal cstaté Lot G, in Block 18, in the subdivision of W. 1§ of ‘Block 18, in the Canal Trusteos’ Subdivision of tho B. E. X of Beo, l'fi an 89, 14, known ns No, 100 Bholto stroet, worth, with the building thereon, £8,000, By his will Thomas conveyed this lot to' Cushing in trust for Martin'on his roquost. But now, although often asked, John Cushing rofuses to do any such thing. Ho has ovon since Martin's doath recsived tho ronts and profits of tho promises. CnmEhlnnnl. therofora nsks nu account, and that Cushing may be com- Eol!od to convey the property to Lim, ed in the will, UIT ON INSURANCE POLIOY. Thoe Huron Balt and Lumber Manufacturing Company, suing for the use of Georgo O. Swmirk, ‘Dbrought un action agaiost the National iro snd Marine Insurance Company, of Philadelphis, to rocover on 8 pollnuly $2,600, given on a saw- mill in Saltzburg, Mich., which was destroyed by firo on the 21st of June, 1878 An attachment in aid was algo issued on' tho affidavit of Cliarles M. Bmith, the Prosidont of the Balt and Lumbor Company. &8 author- ABSAULT AND DATTERY. Judgo Rogers was ocoupied o pntt of yestor- day in hnumlg the caso of 'Thomas 8. Rood againat Hamilton Vinceut, Albert Vincent, and Charles Brown. Plaintiff ‘states that his son bod s watch to bo ropaired, and that, on its com- plotion, ho went to got it. 'Ono of the defend- onts refused to surrender it unless Reed would give a larger eum than ho thought waa just, and offored a lower prico, which was rofuscd. Roed says ho thon turncd to go out, but ono of the Vincents shut and locked the door, snd they all assaulted him, knocked him down, and beat'and kicked him. Wherofore ko claims $8,000 dama- ges. Dofondarts dony overyshing, and allogo if there was any beating and kicking it was becauso Reed first assaulted thom, and they wore obliged to dofond themsolvos, The jury only thought him outitled to $225. UNITED BTATES COURTS. Judge Drummond is still engaged in hearing tho Snylos case, and on Anishing that will take up the Tuck-cronser easos. Jamos K. Kolloy, Goorgo Murray, and Goorgo W. Blauson commenced san sclion in assumpsit n%n.inut The South Branch Lumber Company for a balance of account of $1,198.40, M, Mouoroe presented tho rosolutions on the donth of Judge Porter, and they woro orderod to be sproad on tha record. The; Uvited States rocoverod a judgment against John A. Van Buskirk forthe sum of $8,507.31 damages and $20,000. ‘Tho Grand Jury returned ten true bills. William Bayley et al. rocovered a judgmont egaist Charles B. Brown ot al. for $1,869.30. 8 DARENUPICY ITEMS. Intho caso of James McGinley an order of dismissal was ontered, unlosa objections are filed within five daya. The Assignoo of Charles Hodgman was au- thorized to sell tho bankrupt's stock at not loss than $1,436.26. B. J, David and othors woro adjudicated bank- m‘nu by default, aud & warrant issued, returu- abla tho 2d of December, Howard Priestloy filed a petition against A, W, Nason, alloging that ho has committed an aat of bankruptey by suspending Enymnnl of a noto mado to petitionor for 500, due tho 13th of ;Jctul&or. rulo to show cause was entered and ssucd, COUNTY COURT. John M. Rountros, on bohalf of the members of tho Bar, }wouentou the resolutions adopted on tho death of Judgoe Portor, and an order was on- torod that they be apread on tho record, Louiso Keil was appointed guardian of the ca- tato of Mathias Keil undor a bond of 315,000, Lotters of sdministration wero granted to ‘William Harrsl on the estate of Josoph Ulrich on boud of $5,410, Quirin Regnori was appointed ardian of Maria ncxl'nflri aud others on a bond of $10,000. ‘Tho will and codloil of John Day were proved, tho ronunciation of the widow to administer filed, and olyo of Natuan M. Freer, and lottors woro granted with the will annexod to David 8. Duuning under a bond of $6,000, PETITION TO SELL REAL ESTATE, Mary 0. Wilber, widow of P, B. Wilber, and guardian of Willis, Olive, aud Perles Wilbor, fited a potition in the Circuit Court for loavo to #oll Lots 10 and 11 in Block 4 and Lots 8 and 15 of Block 1, in Wilbor & Eberhart’s subdivision of Lot 25 of the Cannl Trustees’ Bubdivision of Boction 7, 89, 14, situated on_Dillor and Oakloy stroots, aud worth not over 3800 ench, COURTS 1IN DRIEF, Terdinaud V. Gindolo, Georga A. Gindolo, snd Charles W, Gindole commenced an action in as- sumpsit againet David Cooy and Laviuia A, Hor- rick for $4,000. Tho Third National Bank of Chicago com- monced o suit it assumpsit against Jorry BMon- oo for 31,600, Aun action in debt was commouced by Israel Hall against D. L. Carmichacl, Thomas Mc- Closky, Willinm O, Gibson, and Lewis L, Smith for $1,800. Jobn 0. McCord commencod an action in as- aumpsit againat Edwin A. Lucas and William T, Hunt for ¥3,000. - A suit in assumpsit was begun by Jopn Millor, Otwny Watson, Jamos E. Minshall, and Charles A. Boldon ogainst Hunrfi 3. Pickot, Bryan Ihil- pot, snd Samuol J. Walker, for 85,000, A 1\xdsmeu¢ by confession was ontered againat Edwln Walkor in favor of P. O. Btravg, for tno sum of §5,348.40, Jacob L. Wayno, r, ond Jagob L. Wayne, Jr., commonced an action against Bryan Phxlpal Tor §1,000. e John Q. Davies and lsanc Davies filed a peti- tion agafust O. G. L Prussing for mechanics' lion on Prussing's vinogar works, on Btato stroet, claiming that thoro ju still duo them $1,478.90 for carponter-worlt. Judge Dooth anuouucos no call for Monday noxt, Judge Ttogors will try submitted casce to-day, whore proper notice hus been given, Tu tho case of Davis against Morgau et al., the caso was tried by Judge 'I'reo, and judgment ren- dered in favor of tho plaintiff for $10,217.47. An attachment suit wns commenced by William M. Whitney against Frank Lawlor aud Marion Lawlor to Yecover §1,054.50, Ou Monday will commence the Novembor term of tho Buperlor Court, Judge Dain, of Spring- flold, will susist in cloariug tho ovorburdened calondar, No now calondur will bowado, the old one being continuod in use. MICHIGAN SUPREME COURT. ° Speetul Dispateh to The Chicago Tribune, TLax#iNg, Mich,, Oot. 81,—In the Buporior Court to-day, casos wore considered and alspos. ad of na follows: 22—Thaddeus 1L, Rowo v, Aurella J, Rowa ; argued, 20—Qhsrles T, Gulligan v, Sarali J, Golligens are B pawara MeGaun v, Aruold Houdauj con- tinuod, The Tichborne ‘Krinl The Mivsing Link in the Defense Supplicd, London (Oct. 185) L'Drr,e;['o;;lznu of the New York rl orld, Yesterday, which wes tho 115th day of the present trial of tho Tichborne caso, was the most oxciting day of tho trial thus fur, A fow daya bofore, as you iy romembor, ono *‘Cnpt. Brown" had Xrnvml that ho placod Roger Tich- boruae ou board the Bolla, at 1tlo, tho ship which wont down, as way uullpnuml, with ol hands aud that tho dofondant was this same Ntogor; provod if, that ls, if Caot, Brown fa to ba bo- ltoved. Yonum!n{ tho stoward of the Osproy, tho vossol by which the defondant eays Lio was saved, oamo on the stand, and sworo thiat ho was on board' tho On(prny»llllon sho pioked uf a8 boat _ocontaining six_survivors of tho wrooked Bolla, and that the dofendant was ono of thoso purvivors. . The clalmant’s own story, as told on lis former trinl by himsolf, is that ho, with cight ot tha crow of “tho Bolla, was picked up in Arrll, 1854, off tho coast of hmxil, by o vossol whono name wan the Osproy, and whose Captain wan olther Lowis Owen or Owen Lowis; that theso nine roscued porgons weoro couveyed to Molbourno, whore the Osprey arrived on the 28d or 24th of July ; that tho claimant was insonsi- Ulo when rescued, and remained ‘‘unwell for Boven or n{[;ht wooks aboard;” that Lo lad, whon resoued, nothing but his clothing, and ring ongravod with the Tichborng crost; and that immodiately after his lnnding ho obtainod en ongagomont a8 herdsman, and wont away to Gipposland without taking loave of any one. WISCONSIN. ‘Fhe Appronching Election—Probable Resuits—¢¢ Gabe ?? Bouck for tho As= sembly. Osnirosi, Wis., Oct, 30, 1873, To the Tditor of The Chicago Tribunae: Bin: Contrary to the oxpoctation of nearly overy ono, the political campaign in this mection of tho State I8 warming up ovory day, and the reult of tho olection on Tuesdsy moxt is by no means cortain, Fow politiesl moetings have beon hiold, and few specches made, a8 the polioy of the porty-maungers on either sido scoms to bo in favor of o still fight. William R. Taylor, tho Domocratic-Reform candidato for Govornor, hag visited tho Grangos in difforont parts of tho Btate, quietly and unannounced, but has mado no spocchios, and no public meetings have beon bold by tho Reform party, with the excoption of » few by Dr. 0. W. Wight, ot Milwaukao, in the northwestorn portion of the Btate. Both sides have beoon incremswg in tho distribution of campalgn documonts, but this Is almost the oxtout of the work done, There has been a genoral brenking up of party linos, snd o wide-sproad indifforence na to the rosult, Most Ropublicans have. como fo think that the mission of the .old Republican party has hoen sccomplishod, and that the questiona which now divido politicsl organizations aronot of vital importanco. Party discipline and cancus-rule have been more nocnusn{) to keep up party- lines, and thelr use has been mors distasteful to tho majority of poople than ovor bofore. THUE STATE TICRET, Mon who have canvassed tho State are of tho opinion that Gov. Washburn is sure of a ma- ority mot far from 6,000, The remainder of is tickot will probably bo clected; yet tha ohances for the dofont of tho Licutonant-Gov- ernor and Stato Troasurer, aro growing atronger oV0) day. The Ropublican Btato Con- vention, by ignoring the claims of the Gormans, allenated 2,000 or 8,000 votes votaw, at the lowent onlculation, snd those will be passad to the credit of tho Demooratio candi date for Trossurer, Kuehn. Tho Patrons o Husbandry are united in thnir_op}wslfiou to Mr, Daker, tho Republican candidate for Lioutenant-~ Govornor, and will voto almost molidly agsinat him, although supporting Washburn to.a great extont, With thedo two oxcoptions, tho Repub- lican Stato tickot, I think, will bo elected by a good mujority, and, oven 'in these instances, thoro is yot o chancs for tho success of tho Re* publican candidates. GABE BOUGK YOR TIE ASBEADLY, ; - The Liberals and Democrats in'the First As- sombly District of Winnebago County have nominated for the Assembly Gabriel Bouok, of this city, Gabricl, or *“Gabe,” as ho is moro_ familiarly known, is a son of old Goy, Bouck, of New York, graduated at Union Colloge, studied law, located at Oshkosh in the early days, and in the practice of his profession: has grown rich. He' has been & membor of the Assombly, and Attorncy-Gonoral of the Stato of Wisconsin, Ho ontored tho army in 1861 as Captain, and was promoted to be Colonel of the Eightconth Wisconsin, The old story of his af- foir with tho gray-back {s well-known, but will bear repotition hiere. After tho capturo of Vicka- burg, in 1863, the Eightoenth Wisconsin was as- siguod to duty ss gmard to tho Provost Marshal, and *'the boys” induced Col. Bouck to don a now uniform, 80 88 to appesr with credit bofit- ting tho commandment of the crack regimont, Gabe 18 proverbially untidy in his per- sonnl appoarance, and, when :on dross- parado & fow days afterwards, some of his com- panions noticed a Inrge ¢! grayback " nrawling on the lapel of his now cont. Ho politely callad Gabe'’s _attention to it, when the lattor coolly graspod-tho little animal between his thumb and forofinger, thrust it under his vest, and ex- claimed, * There, you d—d litile cuss, go back whero you belong[" Col. Bouck is conceded to bo » man of integri- ty and honosty, and, despito his somaewhat rude nddress, is gonerally liked ; but, as tho attornoy of the Ohicago & Nortuwostorn Railway Com- pany, he is not in favor with tho farmors, es- pocinlly as his opponent, Stophen Bowron, s & Granger. J. H, B — ILLINOIS TRAGEDIES. erious Murder Near Champaign, From the Champaign (Tlly Union, Oct, 30, On_Friday Inst, o young man named William Harrison, about 17 years of age, went out squir- rel-lunting in the timber east of tho old fair- grounds. Night-time came, and he failed to re- turn., This caused his paronts much uneasiness, yot they woro reassurod by neighbors, who Ucomed 1t most probable that the boy, boiog un- acquaintod with ihe woods, bad got lost, and would fiud his way to some hiouse, sty all nighs, and return in tho morning. But morning camo, and tho absont ono roturned not. —Boarch was instituted, _A coupls of = noigh~ bors' children started —oub into lt{lsu grove, aad, sfter wandoring nbout .for.n while, met two little boys, who asked them if they bad seen that dead man down there, point- ingto o short distance boyond, Thoy went and found the object of their search—or, rather, the lifoless body of thoir former comrade. Io was sontod in tho contro of o little open spaco of the undorbrush and treos, upon the skull-bones of a horso. In his loft hand was grasped a squirrol, around which ho had tied a string, and w‘Lluh bo was ovidently attaching to the button- holo of his cont, when the murdorous shot struck him, The shot ontored the back ure of Lis nock, st a point corrospond- ng with the two firsb joints of tho vortebral column, breaking “tho nock and cansiug instant death. Bo qulckly was life ox- tinet that not & struggle or spasm of a singlo musclo was mnde, savo tho closing of the hands the body reclined over upon the loft sido, an thus ko was found. His gun, which was quito a valuablo one, was goue, and, it is aupposod, was carriod away by the murderer, Tho body wus removed to Urbans, and Judgo Tonbrook, in tho absenco of tho Coroner, caliod & jury and held an inquest thoroon, on Saturday night,—Dr. Allen making o post-mortem exam- iuation. The oyidence at tho inquest doveloped ouly tho fucts abovo statod, and the verdict was ihat tho decoased camo to his doath by o gun- shot from romo unknown hand. Aud thus tho mattor remalva a profound m{\s— tory to all enve the wretch who committed the terrible act. Thnt it was accidontnlly done b ‘himsolf, is placed boyond tho range of & possi- Dbility, by the location of tho fatal shot and tho position in which the body way found ; and, too, tho absonco of the gun bina to bo necountod for, 1t is ovidont that the murderer crept slyly and. cautiously up to within a very short distanco of his unsuspecting victim, as ho sat in thnt lonel: lithle glade, placed hLis gun on & lovel witl tho sitting posture, and firod tho fatal shot, ‘What tha motlvo of tlio awful deed was caunot ovon bo conjectured. That it was done to gain possoesion of uis gun scoms incrodible, an with all other conjecturos. Mr. Harrison, tho fathor of tho murdered boy, i4 & wagon-makor by trado, and is conduoting o small shop near Ely's factory. Ho moved to this city only about a month since, from Peoris,and fs thas comparatively o straugerin ourcity, Wo aro mformed that his son was n most excmnplary young man, kind and courteous to all, and hrghly osteemed by his frionds and comrados; hed not o known onomy In tho world. Deteotives are at work upon the caso, A Juvenile Xomicide in Winnebago County, From the Rockford (IlL.) Reatater, Oct, 30, Yostorduy aftornoon,'at o fow minutes bofore 5 o'clock, two youug men, named Page and Coolr; camo hurrylng into the city on horssback, an praceedod at onco to Marshal Rico, “Thoy utatod to him kot o boy, working for s mau named McSweenoy, bad kllled tho son of his omployor, and was at {ho time himuolf ln dangor of rocolve ing fatal injurloy at tho hands of McBweeneynnd his wifo, Marshal Rico foyunediatoly made his way to the Court-ITouse aud informed Bherift Peats of the facts in the caso, The Bhorilr ab ouco started for the fanm of McBweenoy, sltunted about eix miles from tho olty on tho Trask bridge.voad, aud in duoe - time roturnod with tho prisonor, * When brought into the jail tho boy's clothes wore covered with blood and a wound In his head was yot Dblocding, Maf, Douts attonded to his wnnzu, aud suppliod him with o change of clothing, At about 8 o'alogk in tho ovoning & Regisler roportor called nt tha ?nll and learnod from tho prisonor the particu-~ nrs in tho sald affair, [fo 18 about 17 yonrs of ago, and gnvo his_namo as Reubon Broed. Jiin Fnrun!u roside in Duraud. Ilo has bieon working ‘or tho man McBweonoy about ono month, Yeaterday aftornoon Lo was holping his om- ployor at threshing, nnd worked in conneclion with young MeBweenoy in L\nu)lnf; the londs of grain, Winle standing noar tho threshing- machine, the two got Into o violent discussion sbout work, and Brood hit his companion o slight rap withhis buokskin mitton,who rospond- od by ploking u[-: tho ueok-yoko-and striking Brood n sovers blow on the nrm. Horo the quarrel for the timo ondod, and the two hauled away s lond of ryn togethor, On roturning to the staok with thoir empty wagon, youug McSiveonoy suddonly turned and kicked Breed violontly in tho pit of tho stomach. ‘Tho Ilattor clinched with his companion, who then picked up a picco of acantling nnlrl{‘ha foot long and struck him ovor the head with it. A sharp tusslo enaued, which ended in Broed's obtaining l'musoaulon of tho stick, Ho raised it with ono linnd and let it fall on the head of young McSwoonoy, who dropped to_the grouud, groaned threo or four times, held his hand lo nis heed, and within fiyo minutos was n corpse. A man named Pago, ono of tho threshers, rushed up and caught Brood by tho throat. Tho lattor got away ond ran, the fathor of tho dead boy pursuiug _him. The race continued for a mile and a half, when MoSweenoy, Br., caught tho lad and Fnundud him " over. tho head with two places of board, Ho then tied & strap around his neck and draggod him back townrd the biouso, keeping the sticks in active oporation, At the McBweenoy domicllo a roine forcomont of one, in the porson of Mrs. Me= Emmns%. triod hor hand at battering in tho boy's hoad. This proved unsyailing, and sho threw a kottlo of hot slops into his faco. Horo furthor domonstrations of this kind wore stopped by thoso who had gathorod at the place, Thon young Breed was wrapped in a buffelo robe and dumped into a lumber-wagon to be conveyed to Rockford. At this junoturo Bheriff Poais are rived, and took tho boy in charge. Tho above ia substantially tho prisonor's atatomont, RAILROADS IN PENNSYLVANIA, The Ponnsylvanin Railrond Article ns Xt Finally Passcd the Pennsylvanin Qonstitutionnl Convention, and in ‘Which Form 1t Will X Submittod to the Peoplo ns a Scparate Articlo. OF NATLROADS AND GANALS, BeorroN 1. All railronds and canals ehall bo public highways, and all railroad and cannl com= {mniua shall be common carriors.” Any associa- lon or corporation organized for the purposoe shall hava the right to coustruct and oporate a railroad botweon any points within this Stato and to copnect at tho Btato lino with railronds of othor States. Every railroad compeny sball havo tho right with its road to intersect, connect with, or croes any othor raliroad, and shall re- colvoand transport oach othor's passongers, tonnago, and cars, loaded or empty, without de- 1sy or disorimination. Beo, 2, Evor{ railroad and canal corporation organized in this Stato shall maintain an offica therein, whore transfors of its stock shall ba mado, and whoro ita books ehall ba_kept for in- spootlon by any stockholdor or oroditor of® such corporation, in which shall bo rocorded the smount of capital stock subseribed or paid in, and by whom; the names of the ownora of ita atook, and the amounts owned by thom, respoc- tively; tho transfora of said stock,and tho namea and places of rosidonce of its officors, Beg. 8, The power to tax corporationa and cor~ porato property shall not be surrendored or sus- Eundndb any contract or grant to which tha tata shall bo nerty. Bec. 4. All individuals, sssociations, and cor- porations shall have cqual right to have perso and proporty transported over railroads and ca; als, and no undue orunreasonable diserimination shall be mado in _charges for or in facilities for transportation of froight, or passengors within, tho Btate, or coming from, or going to any othor Btate, Persons and property transported ovor any railrond shall be dolivered to any sta~ tion ot charges not excoeding the charges for transportation of persons and proporty of the same class in the ssme direction to any moro distant station, But oxcursion and commutae tion tickots moy bo issucd at special rates, Beo. 5. No railroad, canal, or other corporae tlon, shall consolidate the stock, proporty, or franchieos of such corporation with, nor lease, purchase, or in any way control any othor raile xond or canal corporation owning or having un- dor its control a parallol or compoting line; nor shall any officer of such railroad or canal corpor~ ation act a8 an officer of any other railroad or canal gorporation owing or layviug the control of » porallel or compéting lino; and tho qostion whethor railroads or canals are parailel or competing lines shall; when demanded by tho party complainant, bo docided by & juryas in other oivil issnes. * Bro. 6, No incorporated company doing the businss of o common carricr shall, diractly ox -indirectly, prosacute orongago in mining or manu- fwlurini;ntlclualur transportation overits works, nor shall such company directly or indirectly,on. gnge in any other business than that of common carriers, or_hold or zcquire lands, freehold or lnnsehu]'d, direotly or indiroctly, except such ag shall bo nocessary for carrying on its businoss ; but m)v, mining or manufacturing company may ocarry the products of its mincs and manufacto- ries on its railronds and caunly not exceeding G0 miles in length. 2 Beo. 7. No Prosidont, Director, officer, agent, or employe of any railrond or canal company ehall bo interosted directly or indirectly in tha furnishing of material or supplies, or in fim busi- ners or transportation nsa common carrier of froight or paesengers ovor tha works owned, leased, controlled, or worked by such company. Bea. 8. No discrimination in charges or facili+ tiea for transportation shall bo made between tranaportation companies or individuals, or in fayor of cither, byabatoment, drawback, or otherwise ; and no railroad or cansl company, nor any lessee, manager, or employe thoreof, shall make any profercnce in furnishing cars or motive power, Beo, 9. No railroad, canal, or othor trans- portation company shall grant free passes or Passes at a discount to any person oxcept oflicers or omployes of the company. Be0. 10, No stroet passonger railway shall be constructed within the limits of any city, bor- ough, or township without tho consont’ of its local authorties. Bgo, 11, No railroad, cabal, or other trans- . {:ortnfinu company, in existenco at the time of ho adoption of this artiolo, shall have the bone- fit of any future legislation by goneral orspocial laws, excopt on coudition of com[)lutn acceptance of all the provisions of thia article, B8E0. 12, The existing powers and duties of tho Auditor-General in rogard to railronds, canals, and other transportation compnnies, excapt as to tholr accouunts, are hereby transforred to tho Bacrotary of Internal Affairs, who shall huvo n gonoral supervision over them, subjoect to such Togulations aud alterntions as shall bo provided bylaw; and in addition to the aunual roports now required to be mado, said Sccrotary may ro- quire special roports at any timo upon any sub- joct rolating to tho business of enid companics from any ofiicer or officors thoroof, BEa, 13. Tho Goneral Assembly shall enforca byt lngxpmprlnm logislation the provigions of this artiole, TIIE PENNSYLVANIA TELEGRAPH ARTICLE, Tho following artielo, introduced by Chbarles Brodhend, of Bothlehem, ia the article on tele- graphio linos, as finally pnssad by tho Constitn- tional Convention of Ponnsylvania : AnmicLE 1, Any sesociation or corporation for the purpose, or any _individua, shall have the Tight to conktruct and maintaln lines of telegraph within this State, and to connoct the same with othor lincs, aud the General Assomby shall, by goneral law of uniform oporation, provide roa- sonable regulation to give full effoct to this sec- tion. No tolograph company shall consolidate with or hold a controlling intorest in the stock or bonds of any other telegraph company owns ing a compoting lino, or acquiro by purchase o othorwige any othor compoting line of tolegraph, ——— The Value of Gold nnd Silver. From the Denver (Col.) News, Many peoplo bave o groat dosire to know the valuo of gold and sllvor in bulk, and to this ond wo hinvo socured tho following from Prof. J, T, L. Belurmor, Supurlutundong of tho Branch Mint lu this city, and it may be roliod upon se correot, The fineness of Colorado gold, and tha caleulation of valuea on gold and sllver are also fivauA It {8 & mattor of considerablo value, and t should bo cut out and preserved, Ono ton (2,000 pounds avoirdupols) of gold or silver containa 20,168 troy cunces, and, thereforo, the valuo of s ton of pure gold is £002,709.21, nud of u ton of silver £87,704.84, A cuble foot of puro gold tweighs 1,218.76 pounds avoirdupols ; a cublo foot of pure silver welghs 650,25 pounds nvolrdupols, Ono million dollars gold coin woigha 9,085.8 pounds avoirdupols; %1,000,000 wilver coin \vulfihu 68,29,9 pounds avoirdupols. 1t thoro is 1 por cont of gold or silver in ono ton of are, it containg 201,68 ouncos, troy, of oithor of thoso motals, Tho averago finonoss of the Colorado gold id 781 in1,600 and tho natural nlln{: gold, 781 § wllver, 209 5 copper, 10, Total, 1,000, The Bflh}\lllllmlfl at tho Miné 10 made on tha basis that 48 ounces of standurd gold, or 990 fing Bfighl), i8 worth §800, and 11 ouuces of sllvery tlue (coin), 18 worth 812.80