Chicago Daily Tribune Newspaper, September 29, 1881, Page 9

PME ED) TRIBUN CHICAGO “THE COURTS. The Election Casos Passed Upon by the Supreme Court, Eull Text of Their Decis- ions in Two of the. Cases. ‘Join Keenan, Convicted of Murder, Refused a New Trial. Hoe Is Sentenced to Be Hanged in the Jnil Yard, No- yember 18. The Filth National Sustained in Transactions with Hyde Park's Defaulting Treasurer. lis Luther Ross Sentenced to Twenty Years for Killing Edward Stannard, THE ELECTION CASES, Special Dispatch to The Chicugo Tribune, Ts Following isthe optnion ppreme Court fn the election case from Dandy, fled today. ‘fhe questions arising upon (he record in this: pay volute to the t dd by haw for the hol fe of the neat general eluetion for County Judges, County Clerks, County Treastirers, and for tt elton of Judges of Provato and Clerks of Prolite Courts it La salie County nnd ae inin other counties. Unnamed ity by fiw such Probate KAU Mrobute Courts are tebe Hime oud in the sii] rag ttt provided for the election of mnty Judges and County Clerks, it will be gut mat to seurtiin and declare tho law velariiue to the election of County dudzes, County Clerks, and County 4 Aurela, Dues the hu require er authorize a general steetion tobe hela for these county ulllees ttt er, Ik81Y On tho determination of this question thi wuses mst tin, Ht must be routessed the question ts mot free fran dit culty, We have heen favored with « full and able diseugston by cotmise), yet we do not il mike the stme views of the questions Involved, ‘The proper solution of this controversy te pends upon the legal effect of tho adoption tn November, 1880, Of a tinendment to tho elitr Feetion oF the tenth article of the Constitutlon, and upon tha Jegal elfect of statutes passer Biney that time bearing upon the subject. Wo ure met at tho threshold with the propust Hon that this amendinent from Uts very terms: DOKS NOT NECOME OPERATIVE until November, 1h, and hence that thls amendment [s to he construed ag though tt wei declared therely that tt sould tho Constitution at that time and deed wot be denied that the inference soughe to: He drawn by the Iattor part of the p night well be dedueted If the Urst part uf the proposition be trite, ‘Tho second scetion of Art. Hof tho Constitu: tion, apenk lug 18 to the elfect of the adoption of this cliss of amendments, sitys: If a mnijuriiy at the electors Young at suid election’ shal for the proposed nmennents thoy shall Le tt part of thisConstitution.” If this Iununge bo conatrucd ns like words of the Constitution (re- luting to the adoption of certaly articles uf the Vousttrution which were separately submitted Io 1870) 1k nennd tat the amendment beewmne wv potontias part of the Constitution on the diy on Which the vote for its ndoption was east. 1 the absence of mutter leading to a diferent conelt- sion it must be so held. Tho statute, however inden whieh this amendment was by Joint reao- Jutlon submitted tor adoption dechived express iy that tho Fume If mtopted "shall by the Heard af Canvassers be declared adopted, and front thence become a part of the Constitution of this LUnws 1877, p. 6] tr view of: the former rulings of this Court, and.In view of the words of tho stutute.roferred To, {Lxeems pinin that the General Assembly of 10? In anbinitting the amendmenc far nduption wud the cleetors of November uf 1880 in voting tov itd ndoprion vont not have intesded ur un- derstood that this nimendment 2 SHOULD NOT BECOME A VARY OF TILE CON- STTEUTION until November, 1882, Tha jntention ts platy” manifest that tho same should be engrafted lute the Constitution us 2 component and 1 tential pirt thercof at feast as soon a3 IE should by the Board of Canvassera be declired adapted, If not as xoou as the polls were closed on the duy Of-tho vothag for its adaption, Tconvede tutn ehyuse or section of a con atitution may bon potontint part: thereof, und yet remain foperative for a tise for want ot a dubject to whilen it ean wpplys potential having force to operate whencver the exiyenoy to which Itenn apply shill be presented; but ine operative fora tine for waut of a iitsubfect tnnatier on which to operate. | “Thiet, however, 1s notin sy judgment the condition of this aniend~ ment. | think whon it was avelared adopted it beeume not only w potential but an operative pervof the Cotstitution, and nt once aveome complisbed 4 change in substinee in tho vondl- von of the Iaw ty reladion ta gener clections for this eluss of county oflivers wBich chunge was liniedtite, ‘Tho etuth section of Art. 19 when ndapted In IST, 14 Hts connection with the-osher cluises of tho Conatitution and statutes thun in furea, con tinned if lawtul existence tho ollices ot County Jadge, Count e and County Trensurer, to bold sven terms and be olected at xueh thnes thatt, (fF required, an election to bo held for cach uf theec otlices in Novenber, Jkt This stood the law when tho Genoral Assembly submitted this amendment, and whon te wits adopted by: tho people, Parbat this hu consisted of ytal> utes passed before te Constitulion of 1870 was adopted, und 80 mich thereof as way necessiry for tho election of oflicers who ehould, under tho Constitution, enter upon their duties on tho frst Monday of December, 1881, had been by tho Lonatltiton MLACED BEYOND THE Ish to destroy by repeal, and was In its very exsence lo thut extent a part of the constituuonal laws Of the land. although ta form of a stutinty, troviding fora general election fer county of deers in November, 185], und every two or four yeurs after, Trother wards, tn that indirect Way, tho Constitution did tix the thes for hold= ing xeneral elections for thesy obicers, Wher therefore, it iadechired Hit the olghqh section of artiele 10° should be so chimed thut those of- deers should be elected ut the general ele in November, (883, and that e OF THE LEG ulcers shall enter of is ‘olilee on tho first Monday ter his otestion and hula hts oll of four denrs and, until bis successor ts elested and fualitied, it was In my Judgment the fitention And legal effect of this deciuration to substitute Als eivetion for thy ano formerly provided for, wad not to gdd It theretos to substitute this dece hucution fur aif lu then'in forge, Whether cons Klitutional or statutory, reguliting the terms of These ulllcers nod the (ines for the gener luce ton of these oltcers. The eifeet of the Adoption wits tosupersedy the previous provis> fou tor a, general election Tor these ollleers, Which was for an election th November, RO, And thereby to extend the thine whorein the then Incumbents should have the right to hold these oitices ntl the drat Monday of Decembur, 1882. i stain sets ity cnds the controversy upon thid nbsect, it tot us look at this nintior tamothor viow, amendment expressly provides for on This pe BU that after Dec, 1, sk, the term of ver soll be four yours instead ot twin atid mot Ke oon At After dese the general £ jon at all these officers shall be ln ber or yours ot even mninbers fastead of Nos vember ot tho y af odd muober THIS CHANGE COULD N without shortening the terms Of the thon ine cumbents. Escept hone or twa ways, the ent mld be necomplished by exter ny the terns Of present incuinhonts v the object conld be attained by ereathig an bnierves Hicers at one yer fy bus, INS, to the ieee S te AB ly eugrentel, unt expresaly shows wn intention to Deng about this etaauge LI a ftdy” practioably tnaded. beln Toned, it toliows tut the mmendnent by eee: tary duplleation bas degluved tat it shall be todo by one or these modes or the other, and has elttier Indicated that it shall he oye upon Mie tiest pli mentioned: or, it bos indented Aut tt sluitl be done upon the second plan mgs oavd, or ib has slnply declared Une it abalt he done in one of the two todca mentioned witht tadicathig ta apy way which plan soail be Toltawed, Wontis the found in the amenidinent itsolf Jo dndicate thith it was intended to tallow toa pian test micationed rather tan the second plan lncnioned ‘Tho words of the amendment des chive the polley af the State to be that the terms: ot guen olicers shall ws laras practicable be Resear, ‘The extension of the lor of the waent Inetmbent for ane year ulves tw the ‘utunty dude sind the County Cieck each term o ‘yours, aud 13 a departure from the Uh enso at only ove your, Buch 6x~ th to the Poensurer a terns of hres Wngo Hppuehing the tuvored rd, ANd hot A departing trom it otber hand, the creation of an tue " Hagen ene yur is beach cus departure of tare yours frou the goalred & oftunr send la she absence of other « ations, bat cuustruction amguld be udopted nurary which conforms most nearly to the polley of the aoeulinent. Awaits th privisiont ot the ametdinent Indi+ fated poliey oF rendechye or enceul cleenons Ieee Frequent. Cha punt tirat imentionsd 14h farthermed of thy patiey of the tincndment fy ard, while the second plan ls IN DIRECT VIOLATION OF TIE SAME, Jt is inegested that tho polley of ail republican noveriments demand freqitent appenis ta the bobls for the oxpression of the willor the peo ler butaneh uppents shot net he so Frequent ne tote inany of the electors to aoegivet tho dats of woth. and thus render aboruve every. eiort Lo pedeure a full und fair expression of tho will af tia peuple. » Aualt, this question iy puroty potitieal, No privity ryhta ure fivolved, Tt laa mite of it} questions tava! re purely” pend Npow the covstrietion to be given to pros Vislond of danbtral tnierpretation, the court will not only give great consideration toa ce Hand « p Hones the nppolitne fulond void and should be treated nan null and that the tert of County Treasurer HAS BLEN EXTENDED WY LAW one xa reand until the dest’ Monday of Deenin- The Hoard of Bipervisora of ° M1 that no generat election for tounty smitthorized by taw te ie held bed ore 2. aud that. ander tha Canstltus te iene lactis frente are entitled to holt MDECT ELEY ailices untlt the first: Monday of Beeember, ie Aceepting that docision ag ing that question. it follows that tha tern for County ‘Treasurers fied bean extended until ecenther, 1882, atta that thu tines pired part of the tern in thts eave bs ia law nere than by the boat onght to pro lon to fil tho vacane pre nblaserdd, Noventarr, 1. ton und fiw nowy fi for Jaw lal, and the respon onee La calla sneci & Phe manus is atts FoI Pit thia derision, antl strietion given by thepolitieal departineats of tho State, but will geanutally follow such cone struction tinulivitly. The legishition of “1st enact by tho General Assembly aid approver by the Governor repealing che stattites Urovile ie for in xenern) eledtian in next: Novete nid in fic thoreot providine | fur eluctlon of such ofticers in Novem wo reward go construetion ofthis amendinent a3 Intended to supersede ated lis au with stieh nt cleetion th Ise. Sieh A construction la suet tase ought not ta be disreaaarded. Voisin addition reason bi Ruppurt of the & renchad in this. ease by it juadoelty. or rot thik court, that the provisions of the ent f iT nuts & ne te thitt te general oieerton \s ea tawfuly be held in the comlug November. But let us assutie that this amendment by ite implications duchires t erely that the etauiie fy qhestion shitll bow i} ireonu of tho fo nodes mentioned, and does not firaish any: Indleation as to whiet of the two pling was bre pean tu bu adopted, and consider whit would he TUE LEGAL REFECT OF SUCIT A Postrton, Ifaho amendment tad gid expressly that “this coange shail be aeeomplished elthor by cleeting ti November, IKE, successors to the present incumbents of thoar onlees to holt their respeetlye oiees for one your, or by extending: the turms of the. present’ inenmbunts for one yen” nnd hud there been no fudieation as to Which plain shall be adopted, it seems plain. ta me that in such case tha General Assembly: sould baye been nt iberty to adopt elthor plat, und this though a xtatete. carrymg out cithor plan woukl be inlirvet coutiet with the words. of some goneral role tout ty the Constiiitior If, then, we nsstine that the dinplicatlons ot this auneHdment go no fartter tint to deciare that ‘this ebuiyze shall be brought avout fn ane of the twe modes mentioned, wud there 1s noting to Indleate whleh course Was lite: ly of opinion that his stab enee the torent clothed the General Awsembiy with pow. ndopt Cirhioe sad, and that therefore the hation of 1881 pestponlag this general ef until et was fully warranted by this tanenil- ment, and ds incevery respect valid. ch a construction would fn mis) jilyment, necessarily tirke the case, out of tne operation of tho general provisions of the Constittition whieh Mx the torma for each of those officers atu detinit: the, und forbit tho abridgenent or extension thercof by statute, Lt the Constituuon clearly declares, even by Ievplt+ cation, tonto eurtaty end shall be attalied, and it enn only be nttalned by certuii speck legisht- Von, nnd it the Constitition falls to enaer way special legisiition to that end, the consitrtional declination that the end smut be uceompllshed by necessary tniplicttion means Ut it ts the: duty of the General Assembly to supply appre: priate tegisiadion; and . THE RULES OF THE CONSTITUTION by whieh sivh special tegisiation sin general prohibited have no applleadon in such case; fur the necessiry Inipheation of the amendment de- numds that in tis spent abnormal nvalr auc rules must in one wiy or anolbor by disregarite Tn sueh ease, S hold tho Legishiture bus the power to chouse: belween these plang, te adapt elther mode, atid twist econ ly fn the enge of The People vs, Watt (8 IIL, 74), where the Irutlonnllty: of i stattite was called ik question upon the general ground that it provided far the election of curtain Judges of Clrenlt Courts in 1877 fora term of fee years, while tho Constitution declared that the tering: of ollice of Judes of Clremtt Courts shall be ait: yours, tt was held by this court tatt this general provision for terms of six yeura bud ny applic ton to lepisiation enacted to aecomplish it change {1 tho cirenit systent, which change was provided for in tha Constitution; but ns to tho mode of accomplishing the ebange the Constt- tution was silent, So ithe wmendinent of a having provided: for chine in the times for tho election of cortaln county oilicers, und for n chango of the terms of certain of them, being silent as to what shail be done in bringing about such change prior to November, 1833, and Ue change being sueh thnt It exnnot. price Heaiy be brought about except by dolur ane of two win Abnormal things prior to the thio of which the nmendinent spenks expressly, and whiel things are enh goulraventlon of other genoral provisions of former purty of the Constitution) 1 think that atch general provisions plulnly enn bave no ap: pilcation to such Isintion ag inay be bad in tho necessary uitaloinent of the abject and ond wuthorized by the ninendinent itself’. In the case of dude Wall supra), tis court, speaking by Mr, Justleo Seutt, sald ‘ho woural ctous ton for ut Judges of the Clrente Courts fs hx by tho Constitution to tate place on a certaln dy, and thoy are ta bo elceted for the same Jongth of thie—slx years—but tt projecting: 2 ANEW BYSTEM that {4 not practicable, nor [s there anythlug In the Constitution tut males it imperative to ube serve that elaiac” If either of those vlows be correct it will bo seen that the positfon tint tho nmendinent re- malny inanorariye tntll there can ba something on whieh ft ean operate had ne tpplication, tor theve views presenta subject matter upon whieh by necessary fmplicndon the amendment wuat oberat Tuls suywosted. that. uKsuMIng that such ol 8 can Jawiully be elected In Novum her, 1831, tuey would not be elected for a terns of inerely One Year not warranted by tho Constiius tion, but would he chosen fur w constitutional terns of four yenrs, and thor term would dy eoutumplition of Inw, be nffunr-yeur term, sitll, tn Novermbe issz, when this new pec- Gon woutd come into operation, und suddenly at that tine convert the. term, which up to that thie. was a faur-eyeur term, Into ow term of ono year, “This seems inure ingenlous than sound. A regard for fori ratbor than substinces a donting with mere: words, rather thin thotgbts, Were it luwtul to elect such olcers te 188), it woul seem very absurd for the Governor to issue commissions to: such ollicers to hold thole allices for four years from the frst Monday of December, 1881, nnd tnttl thelr successors shull be plected and qual fled, when he knows very well that tinder tho constitution thoy vantage fanny view bold morg thin dae year, Upon the whole, a nujority of court hall that ne general election for County Judges, County Clorks, or County’ ‘Treasurers 18 required or authorized by Inw tobe belt i Nae yelnter, 188}, and benco judgment will bo ene tered deuying the writ of touudamus in thie cue, Walker, J.:1 do not concur in tho conclu slon reached in thla cas Sheldou, J, also docs not concur. Seholileld, J.. dues not concur, PALATE OPINION by Seotr, I concur in theduvision of a mae Jority of tho court in denying the peremptory writ of mandamua in the vase, With Uhat purtot the opliiun dolivored by Br, Justice Mekey, us to the tine when tho recent umendment to the Constitution bocames iy part of that hustramont, | fully concur, but with the other positions tik fn‘ bls opinion 1 do not ugree. Gadoubtedly the amendment became nt part of tho Constitution when the cunvisserd deelaved ft was adopted. hat iy pininiy ox pressert In the net subiuiltelng tt tae yore of the people, and a diiforont tine sbould not he theed for ft to take elect by Judienl construction, From the thao of tte adoption tae Conatitutions shoutd ba read with the anendinent as const tuting the eluhth seetion of the tenth artic! and whatever cliunges the minendient makes peut be regarded as uiklng effect from that date, as thore {8 now no conatitutional provision that authorizes or directs inn olvetion for tha olicera enumerated du the wmdndment to be holden in November, 1881, asd os the wections of the of the Uuneral Assembly in hares aly h 2872, in vegurd to thy clectlon af sien oltlcers haw been bo amended ug to provide for an election 1h Noyernber, Wee, Lan of opinion no eleetion can be holden for such officers unt the tlie tixed by the Constitution and the statute passed in puraiance thercel, ‘The fact thit nduy in Now vember, 82, 13 tixed Tor tho eleetion of siteh officers lutibite as effectually an eleation at nit cartier day ua if tho Constitulion and the statute dad positively sorbulden It, 1 further ef opinion thore ts nethlag in tho Conaiitudon or the set of the General Assembly that ean be eonstraed us extending the torus uf tho present Inedmbants of these allies. By buy thelr respective term wilkexpire in 183. ut the sth peedon of Art. 1 of te Conatliution, Doth before and sineo Its ntucndaipat, continues show tr ottico wutll thelr anccessars shall be elveted und quiittied.”” Sho Constitution fi that regard Los not been etanyed by the rovent tinendment. No successors ta the present at- Acors can be elected until November, 1. Une TL that thaw the present county ofticers, notwith= slunding (hel respeetve tern of aflica may gooner expire, WHE hol over. under tha pros Vision af the Constituvon in precisely tho «ul mia ris thoy would if the peopte should tail te eleot their Ruccessors at a general election appolnted by nw, SUR MARSHALL COUNTY CASES ‘Tho following opinion fa that ordering an ctee- thou tt Marshall County to tll vacancy, und ears upon the same subjoets ‘This aun appliqauon for a writ of mandamus to couppel the County Clerk or Marshall County: to call a speelad elvctton te choozg a County "Lronsurer to bold for tho unexpired purt of tho: term to whivb one Wiliam E. Thompson wits ed In November, 70, ‘Voompion cutured upon the duties thereof on the first Momiay of December, 1870, and cote Unued to bold tae oles watil the STi a of February, P5t.0n wuieh litter diy ho died, whoteby {but olllve then became vacant, The Clerk refined to call such election, inulating: {bat the Unexpired pact of tho term ts loss than, tag Fel ‘. this were soit would be the duty of tho Hoard of Supervisors to 1 the ollice by wpe pulutment, , fhe record shows thut tho board did in Cuoton the 2d duy of Sarch, 188l, appolnt one damed Liaw County Wroasurer, woo qaalitied wut entered upon the ofiice, he rehitac inslets, tuls appulutiucnt under the facts was ula. ‘3 for an expression of my vi reference is made to my sopurate opinion Inthe People ya, the Board of Supervisors of La Salle County, decided nt the present teri. Watke hotd there shoubl be ow generat cleetion In November, 1881, ln this as father A dtaenting—f am of oplnton the torn of the offue will expive on tho first Stonday of Deveniber, Lesh, THE KEENAN CASE, Tho nreuments upon tho motion for a new {rind ia the ease of John Keomim, convicted of {bo Hensley imuirder, and whose penalty wad fixed at death, were resumed in Judge Garduer'’s court yesterday afternoon, Inopening tls aruument State's-Altorney MIlls entd thery wis a general objeetton whic ap: piled tol the ailitavits, which was that they were in the natnreaf an finperchment, ‘The de- wwe could not sustain thelr eluin that. tho rdlet wis not justified by the law and tho Idener, he suyteations otnude dark the triut were the same ns he would repeat now, had he oveagiun to use them, Th was the sole prerogative of the jury ta determine doutifal questions of tnet. ‘Tho priaoner had been falely tricd and none of the jurymen were hopenehed, and after due deliberation they pronounced John Keenan guilty of inurder. Ue bad bed a fate trial in every way, and tho State's Attorney Bubinitted whether he hnd not received the mb- sotute Justice hls ering merited. Mr. Mills fur- ther opposed the mation on the ground that the fense had fled to use diligence in the evidence contained in tho aildavits, for there waa nothiye that should not have been produced at the trim The altitavit of tho expert who thought the ailexed tet- ters of Keenan's alluding to tho’ erie wore forgeries was not legal evidence, for It was evidence made, ar that eunld bayve been made, after tho crime we committed, and the hand- writing of Keennn furnished to tho: expert: was written by tho prisoner while In jail, The afl- davitot Loughman was fntended to impeach the eredibility af the witness Haborkorn, and tho Htuto'se Attorney otter eounter-ullllavits, but the ¢ abjected and. tuey were pot tiled, Mr. Milla atid Unit tn regard to tho utile davit of Phelan that be was at Haberkorn's eae loon during the entire evenlig, upon which Hn- berkorn testified he loaned Keen the revetye! IL Was sinply tense where a tin ind unders tuken to miposs upon the Court by downright: perjury. Tha’ de; nt stated in attlaavit that he did wot koa untibafter the trial whit Haberkorn bad testified to, and at this polut the State’s-Attorucy ted atiidavits from severnt parties that Photon was’ tn the court-roou throughout the entire think within hearing of axury tale that tmnsptred. ‘The lidavits wero siened by Humphrey Monaghan, Lothair Habes korn, and Thomas Walsh. Che iatter wi a pas icy officer, and said that be aot only saw Phelon atthe entire trin, but that tia two were Intl tonite fricuds, and he saw chens i trequent con- sultution, 3 turk, in closing for tho dofense, ent it was pot for the Court to pags tipon the new evl- dence, but simply to determing whether thore was euihelent doubt of guilt to justity thaCourt In submitting tho case tow pew se Sf there were no doubt ia to the eredibitity of Haberkorn's testiinony, Were would be Ieee to say in Keen's defense, It was a rare thing that niman'’s life was declared forfeited upon tho testimony of one disreputable witiess, towards who all the evidence polnted ns the auiliy aasusin, ‘The speaks charge that there had been a lack of dilicence tr procuring the ov contained ty the allldas vits, 1 Puelan were tn tho court-room durtig tho tylal, and did not come forward and volunteer his information, bis Cuilure to du so ought hot to mithcute against the priganer, IP Drie) story were tne, he bad no tneans of Knowhy who was it Thiberkern’s sitloon, ind tho infor: Hon on aneh t polar cuttld not be expected te come from him. The convictlon of Keenin rested on Haberkorn’s testimony, and it was for the Court to. say whether tho (prisoner's ilfe should be tuken< on tho teatimuny of stele ror ath nan. The defense pleaded their right opportunity Lo bring all these nowly-diec puluta before ndjury. Was Muberkorn’: 3 inony se clear that it would justity Ure plicing the sonl or duam upon the piisuner? Str, Stork dwelt upon the ability af tho expert who te- Loved the niteged Jetters of Keen's ty by forgeries, He atso believed that the prine! evidenee of gulltin the minds of the fury tha testimony of the railroad ollicial wha de> elared the impossibility of entering at frelyght- cnr inthe manner clafiued without damaging the seul, There was no corroborative tustiiony of thatof Huberkurn. und bo stood thoro with ull the nornl eulpabllity of au necessory before the fat, Counsel closed with anappeal that aul the peculiar und striking clreumstances in the enae be submitted tu anothor jury, and that, in view of tho grave doubts of guilt, the prisoner: Ue Riven one tore chance for dts fl Juuye Gardace thon sald that (a this cage tho triul had been conducted at conalderable length, ‘The only-rert and tenable ground of tae notion for a new telat was thut fteotuld bo stiown thatthe prisoner was not in Haberkorn’s saloon an tho ilgut of the Killing, ‘Phere was wivo an atthinvlt fopeaching Haberkorn, but it was not pressed, One ot the cardifat rates whieh duy at Ure bottom of all applications for a now trial wis that the evidence inust be such ay would bo Ukely to produce a dfifurent result fn the niads or tho Jury. Tho Court did not sco how the ovidenes adduced could nieet that condition, Judge Gardaer also reviewed the portion of the mation speclt ying curtain errors made by the Courtin churging the | $t Tho Court had given them the hoy and thoy bad np- plicit the hiw to tho facts. As to the result rived nt py tho Jury, it wis to be presumed they hud ‘done thelr duty tally and honest und ho was not disposed to eet“ nelde thoi ve dit. It way tray that the cise hniyged upon tha testimony uf Huberkorn and ft vas the provinee of tho Pye to judge of his and the uther tustl- mony, Gnd thelr Judgment was tinal. With re- ward to the clnioy that Keenan wae in tho eur on the night of the murdor the Cort did notthink there was sulligiont evidence to warrant the bellef dian bE, ‘Phe prisoner bad bad every: opportunity of n fale und finpartind trial, every legal point ju the ense had ‘been used and that having been dong the Court cauld not goo that he would bo Justified In sottiug usito tho vordlet, and the mation fora new trial was therefore overrulad, “Tho Judye romurked that the cage nignt ns woll bo disposed of ab onre, and Sete eA URY, Mills moved for Judy ment. Vno prisoner took hls stand before the bar, and, with tho exception that he was very pele, wave no indleations af emation. The Court" Thive you wnythlig to aa Keenan, why sentence should not be pias ‘Che prisonu hid Is very unuxpected, and ldon't know that there ts ubytolng f can Bay, your Honor. ‘The Court—"You have had u fair trial botorya Jury, you huyve been ably dotended, every ule vintage boa been gives you to help you di this cudc, und us tho circumstances do not require any remarks, | will nr say the order aid -Judinent of tho Court Is tityou, Juby een, ho taken to the County did, aud that on tho Dstt day of Noyomber next, botwoun the bours of Jy und 2 you be liken to the yurd adjoining tho dni and banged by th ke seth dei, and tty. tho futinitly wise God huve meray on your soul? ‘The prisoner wits feching gloomy chough after bo was remanded to hia cell, und ho devtined to (talk to the reporters. Ho simply sald he tad nothing moro ta say’ than had been ready sald by hls counsel. Messrs. Shuman und Stork wero metus thoy were coming out Ut the Jall, and thoy daformed Tun Tribune ro- porter that appileauon would bo tade to the Supremo Court tor av writ of aupuriedens bor peating tho Judgment of tha lower curt on youll tg the record of the teil can Le made out, VUE STANNARD MURDER, Tathor Sous, tho colored youth who pleated Rullty to tha murder of Edward Stannard, his tellowe walter in the Owl Clab, la dunelust, cane entenve befure Judge Gardour. Mr, counsel for the prisgner, in uddrossiny: the Courturged the previous goo character of Hoss. From the timo when he was a slave in tho South he had been an industrious, respect bly youns wun, and the crluie was cominitted whllo under the influence of fquor. ‘There wad vo taalice between tho two men, wn nothing to show that they’ had it Suuty point Tricads wp tu the time ot thealtereation. Shore Was he cise, and the Kililag Wis not premedl= (uted, but comutitted ww uroment of passion and while maddened with drink, and atier bie antagonist bul knocked Llp down und kicked hin. She prigouer Ind pleadad gully: and turown bimselt upon the moreyal the Court, Connsel xeked that the Court usu his discretion sau relCully, Htutes-Attornoy Mills stated thut tho Court bad heard the evidence and he bad no suyycs> tons tu make, Jutize Gurduer in. passing sentence remarked shat there was a slinilurity between ost uf the murder cases that cate before tne court, und It ‘was an ulmost oyery-day occurrence ter sumu ane to yet drunk asd draw deadly weapon tipo a fcllowsimun, Drunkenness wag no ex wuse for thy volnmisdion of crime, and the case of Muay bud sowe uf the vesential clemauts of tnurder, but goumned Inuse particularly 4 Case of manslaughter, Phe Court did not icel disposed tu suutenoe tho young toen, woo hud a long fifo before niin, tow bfe torw In the Peulreaiury, but would Lx the teri at twenty years. When THs TROUNe reporter went to tha Jail fu the ulternoua Hows Was ia tho Guutey of u Lt- spudinted tho? vi always taken at TWRSDAY He seanp of prisiners who were enjoytng thair temporary bert, Of the eoveilor, | Te was woking a char, eid from lle meerner ape Pearaness would not hive bean for a cone Howitn a peultentiney teri, of twenty yours Just before brn. He isan titelisent- loaning vouttng man, and suid be wits born a stave al WIL tulngtoinN. Cin 158. 1s master was dien, A, M. West, formerly an oti¢er in the Confederate remy, tnd pow i polltiaiad at Holaw Springs, Miss. Aftor the War wap over tho petsoper & mathe with tls master, and Crom Ist to 187) he wits at riatlirod orter for Get, Wee who wae then President of thy Misstesippt Central Hallrond, nt afterwards Vives Preadent, of tha New Orleans, Bi Louls & Chicago title roudl, Mes afterwards want to New Orleans, and wee einployed aga portor ina etdeond olllee, Th (70 bo pertormed n sialic duty tn kt, Lois, und came to Chicago lust May its servant for Une Ot Club. On the day of the murder he in+ vested (i kome pool efeeks on the raves, and elated by his winnings hoeswot drink, Me went fothyefad and jot inte. au aitercation with Stammand and stabbed tit, a8 rebitet Ty the eve donee, Be hid ie intendion of kithug suannurd, but only naed the kulfo ntler Stannard hind ate hin. Te redpoude to tt yttestion as to ue was sted with the verdict, itos4 was Uh best thing that const flone ainler tho cirenmstinces. Twenty sears: was it long thine, but be would did something to py his titention, and the time would root pase. Ho hadv't written to Gen. We: wouldile wo tn wt yen or tivo, anid perhaps be would get hin pardoned. ef? the Generwt bad Indly faterest in hls turner WLE FIPGHT NATIONAL AND NYDE PARK. ‘Tho following isan wbstract of the opliulon of the Supreme Court In the case of the Fifth Nite tonal Hank of Chieazo ve. The Ville of Hyde Park, appeal from the Appellate Court of the Firat District, the deelsiou belug written by duntge Die ; It was vonceded, the Court say, that no one had the slightest ‘suspicion that Waldron, tho Village ‘Vrensurer, was a defnuiter until: Say, 164. There was nothing in the proofs tendlig to show, nor was fH ehiined, that any of the olicers of the bank fail any suspicion that Waldron was, or had at any tine been, applylag the moneys of the vithuto to the payment of uny etm or demand whieh, 98 between tii and the vilkuge, he wad in duty bound ty pay for bis own pereonal trends, : Tt was insistent by counsel for the village that uny several loans tande of this bank by Waldron In bis own tite, and upon by own netes, oF the hotles OF othur private perdous, were private debts, und nut dehia for which the vilyse was Hiubles and, inasiniel as the bunk ofllcers knew that the payiient of these Auras wus made from Tends known by them to be the funds of the vil lage, counsel insisted) that such pay " Kuown to the bankollicars to be at twlsiay) owof the trast funds, fle Glustice Dh exatmined with enve all te case: i comsel for appellee, und meuny party reeelving trustefands 1h pay Vate det to himself tnd been he A teustee, aud found no ease amome SLE TE AMBER whet pale fie supposed ered to by pho where it ene Of a pris vhurgeable a4 tnem where tho purty so) charged was not aware, at the Linu ofrecelving steh triist= funds, that the debt to whieh it uppiied was a debt to Ue payment of which the W@rusteus could not lawtiily apply the trust-fund, The recupt of such money under such elreunistanees: wae ne phidin test, Tn considering the ebnracter of the private debts thy Court sny, tukiue the loaa of $52) inte June 1, 27, as on expe: Waldron entled at thy bank, ». ho wished to barrow a given sum oF money for the use of the village of which he wis Treasures, to pay, warrants in anticipation of the collection of taxes. ‘Lhe inoney wus. upon that statement, tent to bin, There wag ne traud in beheving thie stinterent to be trug.- “The money thus lent was placed to hig credit as Treamtrer, uod quid out by bln ow checks drawn by bin os ‘Trensurer. 0 lirge pordon of whleb wis proved to have been pald upon proper warrants Upon tho Treasury, end 10 part of which was, shown to bave been paid ort tor other purposes, Not only wits tie all rove tat Waldron beth, be foro any of this class of lowns were mde at this bank. winde fice loans for. ike purposes front the WNational Bunk, and td reported the stine front time to tue to the Trustees of the village and aceounted for the same,as applied tothe proper -linbilitles of the villnge, anid ne fartlt with the propriety of the trunmedon lined been tound by uny of the village ollivers. It seemed to have been na known and approved mode of doing, and the bunk assumed, and bad the right to ussume, that this money wis intended) tub applied tu the © pays ment of valid warrauts Jn anticipation of the collection of tixes; und on the ist at pow vember, one day nfter a hirge amount of inoney iad come Inte the treasury trom the col- dwetion of Gixes by the County ‘Treasurer, whet Waldron proposed to use so unieh of that fund in paying off the papatd batanes of that town, the oilicers of the bunx were auiborized to us- sume, unl in good falth did wssume, that the money was by ral pagueut beling upptiod fn refunding money puld obt On sueh warrunts on the teastry from the proceeds ot the origin Jog. ‘Saking the tacts ag the bunk officers bes Heved they were and as they had good catee to believe, tha pay been uo tnisnpproprittion of tho fut Whey were nat chargeable with fraud, egitusion, ‘or gross tiegll= wen hese It, Was no doubt trus that whera a stranger ree col¥ed moneys of a truatetand tram the trustee ns nh BITt or without valunbls consideration, Urough lgnoranes of the churueter uf the matte oys revelved. be might be held as trastee; bat where such stranger to the trast hid pi cood faith paid n vadanile cousiteration, or had tite torlaliy changed bis condition Ko bat he could hot be restored to diy crlrind) wivantages, tat dtoetring hd not He ly. In the case at ine the money was in yoo faith reveived by the bank Troma tia fy wood credit and with aysety in bis hunds of .bis own to the value of over @h),0U0, and bis note and valuable collaterals were surrendured to tim. It wis now proposed, after that nun was known to bo insolvent, and had been steipiisl ot all bls aadets, and bad did, to reseind the payment to the Dank, without restoring that for which i wis, pili.” (hts, It seamed to tow court, would be Brossly wmijust. ‘Tho Judgment of the Appehate Courc ls therefore raversed and tho culise re inanded go thut tho Appellate Court might re verse the deeree of the Cireult Court and re mand the enise to the Circuit Court, with diree uons to dismlas the bill Scott and Sheldon dissent. Jondve, the Villige Attorney, Intends to for a rohvaring. YUE STRAW-BAIT, CASES. ‘Tho new trial of Matthow Fleming, Frederiek Miner, and Bornard Wilton, alias Samuel Mor- gun,wasopencd betore Judge Willinayson yesture day. ‘The forenoon was vecupled fneinpanele ing wo jury, and in tha afteruoon tha enzo owas opened dnt bebulg of the Commonwoulth by Assistant state's-Attornoy ‘Thomson, who olfered in evilonee the recogulzunces upon whieh Bernard Wilton became surety and Samuel Morgan was dis- churged, ‘Tho papers were objected to,'be tha detuuse, but wero finally adinitted, The tn dlctnents agninat Mitrdy fer tho two Jurcenios for which ball had bean given wore ulsy- viterod in avidence, but wore objected te, and the re: yaulnder of the atteragon was ocenpied in urgu. ments on that polut, ‘The cuse will be resumed thls moraing. Some two yeurs ago a well-known thief named Purdy was arreeted for steahing goudy frum Within 1. Clapp & Co. and 1,0. Fisk & Co, aud wits sent lo Jail, Swo continunuces were hud, aud the prisoner was relewsed on $1,500 bull, whereupon Purd sis routed: oud bus never deen ucn here slave, tla thought he is aery> togout aterm iu the New York Penltentlary. It is charged that tha bull upon witen Purdy was releused wie uteaw-bull, und the sult is for {3 clulmud cumepilnuad tt by tho State that whea Purdy was areested 1 put! iimed Sanuel storgaa conspirodt with w consti te maimed Doran to get Purdy out. ‘That wey got n Stouk= Yards coustuble, Statthow Mieming, Vo go tu the Jull and tutte ball. Margan 4s to have represented hinsel! ta be a proper owner oatied Bornurd Wilton, and described curtiln property whieh he vated to ows. On tho strength of this represuntution Justien Flomlug accepted hia as Pardy's bail tn 81,500, Doran fasaldto baye seugnt the triomily ane ter of tho Queen's Porinion atter the disugren. nicht on tho frat triul, aud fy awaiting the result of We present issu, CRIMINAL COUTUD, Rddio Donnhue was found gullty of Isrceny and sect to the Keform School for two yeara, 1, Maward was convicted of robbery and font to tho Penitentiary fur Cour yore, Chivonve Lawrence pleaded guilty to, barge Jury, und was sent tu tho Vontlentiary for one yo, James Hickoy pleaded gullty to larceny, and wag pent to the Tenttentiary for one year, Charles Hailey pleaded guilty to larceny, and was sont to the Pualtontliry for two your, Patrlek Hassett wad nn trat for rolibery. Tho follow lng ts & Hist Of Convivts that yeaters day Joined the tinuimerble caraviue towards dolici: Churles Gurmun, one yer; John Cons holly, Jamoa Stowart, Edward “Slicholt, Andrew Currey, Joba Lawton, and Asi A. Uri, two yenra; Willuum furvington, award Kelly, Joe suph, duckwon, and Wealo: Charles Oshiary, atx yours ty yeuras Jumea Cunning! natural ife, Crow, five 9 curs: honing Hurng, we » the ter of his THE ST, JAMES IOTEL, Tho Wuizution aver tho St. Jumes Hotel was revived yesterday in’ the Superlor Court by a DIN Med by Stewart Patterson, helr ton ones fifth Interest In the estute of tue late Hannab Te Stewuct, agatnut his grandfathor, Hart 1. sews art, George M, Pulhnan, and othora to compel av accounting, nud iuking divers eburves of malfoagnce qunuinst Stewart und Pull. A UID Sor Bw slinttar purpose Was Hled three or four yeurs nua, but recently dismissed: by the cute puloant, ? —- TRE FIREMEN'S ASSOCIATION, ‘The Supreme Court hus deelded tho case of the Henevolont Assuciation of the Pald Fire Lo- parunont va. John A. Farwell, Controller, ‘Ubis was ease Drought by tho axsuciation to compel tho Controller ty pay to it one-olyhth of the Heonse secebyed from tureleu imausauce come 29, 188I— TWELVE PAG Et —— panies domyg buainess In Chicago. Under au old Jaw sich compuntes were obliged to pay a Heense of 2 per cent on thoir income, one-eighth of whteh went to the Benevolent. Ori eUont. ‘The Supreme Court nitiring the decision et tho Appellate Court, that the bu requiring the set- ting apart of the one-clehth was repented by tho Inaurines tiv of 185%, and hy implication of the fet Of IX72, und directly by the net of 1875, which: provider! that this insitrantce tund shoudl be pid gv othor benetelarios. Although tho charter of tho adsnelation required tho payment to It of this stn, this was pot such n vested right that the Legisinture could not change it. TEMS. Judge Hawes iy engaged tn ting the third trial of the caso of Simeon W. King against Capt, Jesse Cox to recover damages for nssault ana battery, Tho fest telal resulted ina veadict for tho defendunt; the second iy a verdivt of gue cont for the pluintit, DIVORCES, Menrietta Klein ted ber bill yesterday against Jacob Klelu, asking fora divorce un the grotind of eruelt duilye Jameson yesterday ranted a divorce to Claret. Weston froin Ovorge TH, Weston, on the ground of cruelty, and to Lizazio M. O. Kurth froin Frederick Kurth, for the same cause, STATE COURTS, Joel Hillis and Hugh A. White began a sult in ejevtinent yesterday against James M. Shute, ulaim ing 25,00 dutnages for keeping thom outol possesion of Lott, Block ESI in Schgul-Section Solu ML Lone brouxht sult for’ #2000 joun M. Long brought sult for’ $2,000 against AW. Winget . e ‘The Washburn & Mook Manufacturing Com- aan anit Ith replevin aguinet te Michi+ Raliroad ispany and the Chienge: Heuee Wire Company, tu recover Hon ui two carelouda of steel fence wire Ate, Munstermann and William Massmann end a ait igalnst the Chicago & Norte Wwosturn utlway Company, chatininur §5,000 date ages, Murk BE, Ite Wed a bit against Henry s. ‘utherine Co Wty und the Giobo ffurdware ‘atapnny to forcelose i martunie for $7,000 on the suuth three teeter Lott, allot Lot tu, and the north twenty-three feet of Lot Hy all in A. Averiit's Sulutivision of the of the 8, da ot the N, W, ty of See. a 38, 1h Marely O'Connor vegan e suit for £10,000 dame ages nguiuat the City of Unleago. st! couNTY CouRT, ‘The caso of Victorian Fletcher vs, Richard Barrett Fletcher, divorce, wus dismissed att com- platuant'’s cost on mation of her attor Edith Whittiuzhan was found to be depend- ent, and way sent to the Industrial School at Byard In the, and 1 antssed. tittes of speefal assceamants Nos, 121 ‘own of Luke, proceedings wero dis- PROBATE COURT, In tho estate of 8, Louise Crawford, deceased, the will aid codrail were proven, and letters tes tamentary were {4sued to Churles Crawford an- der hls dudlyidiusl bend in the sum of 84,000, ‘The estain consists of on howse and odor known ong Now OEE W nighington street, which. 1 bequeathed to her hishaud, Charles Crawford, aid) some Hyed from deceased's prandfather, pte Mrs. Sarah s, Blakeman, to sed’s children upon her death, of Edward M, Everett, letters of administration were lssued to Edwla A. Potter tuuder und tor 2th, Ty the estiia of Ernest Bilmes et ol, minors, letters of guardians re Issued to Frlederiek man tinder bond fur $1.00, Inthe cetnte of Nicholus Miller, decensed, letters testamentary ranted ty Mugdateng Miller under bond for Sb5ci0, To the estate at Menry IE Adams, deceased, letters of adinintateattion were lasued to Lizzie adams wider boris for $2.00, TIE CALL. dupa Diesmosp—Arguments and motions for Receiver of Valo & Mlssiealppl Hout. 2 1, 7 10 tO, Ine mn 3K), inl, od, Boe, J, Horan vs. Brown, on trial SuTs—Vrellialuary enll 2 to so, Trial call term Nee TUse, 101, 18103, 1403, lal, Assists Judge Gary, No. her, on tril ARs, No. Lt, Pruge re AUIKIE od uininary call 101 to: 150, inclusive, ‘Trial ent), th, 20, utd It to 14, Ine elusive Na, 100, Siddell Baum, on triat Jeoan Mot 4, 31, Hi, 3, NO. GI, Kouth Park Commissioners ys, Sehvol ‘Iruetees, ur trhal, Jcnas Hawns— preliminary call. ‘Teint Nu. +), in va, Cox, ot cull 4, 47, 48, 49, and 3) trink, JupCK General call of docket fraw No. wl to Nu. wt, Set case 1,617, Waebter vs. awney on bearing, dupay Banxex—Contested motions, ses Cruin {to 1 78, STD, Tey ag bid dena Surrnson Caunt—Conressiuss—It, W, Bridge ve, Louis 3, Itz, $2,007.08, dunce Griv—J. 8. Darting ve. Michael Pister, Pl. dupa Ssaitn—Catherme Dunn va, 5. J.C Gillespie, £614.51. = Cnc Covnr—Jupa prich etal. ve. George invtion for new trial, Monan—Martin Zep- 43 Verdict, SHG, and WASHINGTO N BOULEVARD. An bnportant Oplaion by Corporation» Counsel Adams, Corporntion-Counsel Adams yesterday sub- mitted a legal opinion to Commilsslaner Willer in regard to the removed innineposts from the eorners in making the West Washington street: buulevird, and nleo in regard to chunging the xrndes by tho West Park Bourd, Tho legat poluts tuvulved ulso apply to Michigan avonue, gud below Is given the substance of the ophilon, whien fg ne follows: Thave received i communtention from you renutedtiny my opiuion on the folivwing ques tlonss First—Have the: Board of West Park Com. nissioners the visht, wider calsung liws and orngees, ty remove Limp posts alony the hie of Washington street boulevard from the phices whurw thoy were erected) by tho clly to plucus designated by tho bord? Lunderstuad the fucts to he hut the lump. Posts were placed by the city, as i usunl, ut the corners Farined by the intersection of the curbs wiiks of Washfigtou strect with the curb-wulks of the intorseetiug streets, xo that te hips were iu both streets, and that they buva been romoved La poluts near the iuterseedon uf tie vist und weet tines of tho crors-strects with tha curb-lines of Wasbingtun street, mid #0 1s to bo wholly in Waehington «treet. ‘The lainps un placed by the city Igbted Washington street aad: the intersecting strects, but pliced as they now ure utford ittleur no light tu the inturacctiug: streets, ‘he cost of vrauting the lamp-posts was rutacd by speeltl nssessments, the Owners of property frontiyg on the intersecting streets puylog thelr proportions respectively of the nssessinents, See. or tho ordinance af Sept. 2h Ii, cone senting to the selection by tho Hoard of West Park Commissioners of Woat Wastingtou street from the west Hue nt Halsted treet to Central Park nan boulevard contiins the following pros vision: @ Provided, however, Uhat nothing in this ordinunce contained shutt be cunstracd asa waiver ar relingiiviment ly eron the part of said elty of ny Gt fis rights or powers in relus tion to the laying of water or ans-malas and pipers and the buitldiug and repalriag of sewers in sald streets, and the regulating of openings for the sume, ALL powers whien raid city now hue fa relation to water and ‘yas. pipes and sews ors and thelrgonnections, und tbe rexalution of the sume, and tho opuniigs forthe eume fe atrects and alleys of raid eny being bereby wx- Yeeaely resurvell ud to the sulh part ol West Washington streat (nas aniple a manner us if tho foresalil consent weru ot riven. ‘Sols proviston tsa Ron reservution to tho oy ue the powers nnd rights therein mone oud. ‘Phe auestion thon 43 whether tho power to vontrol and regulate the-street lamps, thelr toe cution, ete, 1s within the reservation, lu my: optaion it clearly ts. In sour coimmunication you say further: It shia Geen dvcoyvered Une tt the fprovawent of sald boulevard the water pipes will be lett so near tha surface of thy street that there will be great dunser of THE WATEN FM INQ, It will thorefore bo necessary to cover the samo to a suitulont depth to secure balety, Uiasmieh ax this exten work fy mada noces> sury by the action 0 id Park Commissioners, 4s {tte duty of (bls department to de the work? Gnd, $f #0, must it be ut the oxpenso uf he ulty? Te a Bord of Park Counmtysionuss soca tt to make an improyomunt, the necessary etfoct of Wwhigh Id to dumage tho gas-imnin, service pipes, ote, by rendering (bent peactsally u suited in your communication, | a Spal that such dunce ean suid wbould bo eluded in the extiinited cost of tho Improves ment. Lani inturmed by the City Raglnger tae there will be no dungor of the water 18 thy main pipe freeziug, on account of the rapidity with which {t J6 torced through the pipe, bat thie thera will bo danger of thy service-pipes troez- ing. hese plpes wero constructod at the oxe punse of tho owners of the property which they serve, qnd iC such ownerd shall sulter dumnuqe by tho eeu of the water du the pipes It ian aurioug question whether the Coumlisloners may Got bo bet individually respunsible for auch duinage, Af ie shot bo necessary to lawer tho water. pes in (he etreet by rumen or the praparod WH ProveUl thy elty will not, In iny opinion, ‘bo Hable for the expense, 1 regard tha question whether the city ar the Hoard of Park Commls- wiouerd ehull du the work uy one od tere conve: nienee, Jt will be the duty of sour depart- ment to AUPERVISH THE WORK. and if paid for py the tourd it my be prreti- mills more conventent for your department to dolt, bit the expunae uf dog it must be horne by tho hoant. You have also informed mo that the board has caused to be Wled up catch-busing at the carnera of tha Intersections of the roadwity of Weat Washington strect with the rondway of the intersectlug streets, and nked whethor the board bus fqral nmitthority su ta do, fam of vpliton, for reasons uiready atated, that the board has uo such authority, AMUSEMENTS, MVICKER!S LIHBEATRE, Thero {9 eninething about Denman ‘Thompson's rondeclng of the chiracterof Josh Whitcomb that As cepeclally attractive, The play itself, although better than many desizned solely tu exhibit the qualitcntions of natar" performer, has rontty hu particular plot, and abounds in cheap rentl+ ment, which becomes wearleoma from constant iteration to ail except the denizens of the upper callers, Yettho play laa great favorit, always draws well, and malutains Its populuelty awalnat. iuiny Otbors uf mare intrinale merit. Often as it hus been given bere, its present cun bids fatr to equal that of avy othor scason th the Important matter of peeuninry stiecess, “This ‘Is due fn kreut inedsure to the fret that the tending echoes deter fg tray to tho life. There 1s sunreely any: exiggeration about it so thut It seems thorougt> Jy ature! und Inereases the reutistn of the plity. Tulsa part with whieh wll cau sympathize aid understand, [ts hutuor ts apontuaeuus, ‘The laugnier comes easily without forcing. ‘The honest old farmer ainong thu temptations of tue great city 14.4 character whieh ICs ety to cone eave of ns existent and not created by art. Ths purt Mr, "Phompson bas made his own, and with it hws thorouguly identitied himseit, Weeannot Imagia? uny ony else successfully tiling ine stne rales And go the crowds go nigut after night to Isugi and applaud and weleome the pleture of the New: Enghint furmer, “one of the people,” and so portrasen that tho people can enjoy tt at sight. Mr Thompsgn bas a gould supportiug company, aud ong which, oY long nssociauou, Wis tpuatercd all the poiuts and business of the piece. Mise Login bas tin unusual welletritned voice, wiuch is heard with pleasure in the Bong she introduces. Me. Jepson gives some recititions which nre favorably received. Julia Witton hus net outwrown Tol, and ignnelo Murtinetd isa lively, anuatug little strest Arab. "George Bean, ad before, wives « good presentadion of the ¥ erancy Prime, lonn Whitveint" will be given thia week und next, HOOLEY'S THEATRE Willlo Edoutn’s * Dreams" 13 dulng very well at lluoley’s thls week, ‘Tho changes ure in tho cust rather than in the play. The latter fs the same ug ever—a trite wearlsome tn the first act und full of lite und animution in the second. Mr. Mackay, who replaces Mr. Kruger ag the pho- togrupher, is a gooll substitute and an excelient comedian, Not only does be make n very fuuny photographer, but in addition be gives sunie exe cellent initiations of actors, Marin Eluiore 13 al improvement over her peredecessur us Aft, Tt would be an udditien tu the uttrautions of the secoud act If the “drama” wis omltied aud suing of Miss Etmoro's epectaltics substituted, Wiilto Bduuin god Miss atnerteu are eon to advantnge, but Miss Stuplelgh’s lovely voiee is dniissed st the singing. What W, sinltt. is intros duved {ite thy cust for passes couprebension, He bus nothing to do, and does not even. that with grace, Fowably hy can sing. The piece Ads lust none of Its pupmuinedty since last seusun, und ts brimtul of fun aud fruile, Laura Don has taken Agnes Booth’s place in Smiller’s *After the Opera" combinution, Edgar Paweett’s new plny {ya comedy in four acts calted * Atmerioan'’s Abrusd. te will be given for thy tirst thie ut Daly's Theatre nex t Wednesday utternoon, © Tho Banker's Daughter” so far tole week hus drawn lizut buyuess ut the Grand. Monday and Cuesity tuve generally Weed hat at this house (uid suugaD, With Ierge Houses the bulance oF the week. * “French Flats” will bo given next week at tho Geund Opera-House, For die laat week of their sluy here tie Chion Square company mnay repeat “Baniel Bocnat,” © Felieia,” aud * Mute er und Sun," “Virglatus™ la drawing vey well nt Haverly’s Theatre, Despite the ran there wae a ver gum House Tuedday mist. It is air. Mecul- lough’s Lest part, and is bettor presented thin ever before in thts city, Burry & Fi: ave n new play caited * trish Anpstucrucy.” ‘Their vertion of Muldoun’s Prenie® ts crowduye the Viymnpie nightly, wud 18 very funny cplece, giving the comedians a chance to show sowie gould churieter acting. NEBRASKA NOTES. DMiscellancous News from the Rural Dise tricth-whe Eiupponlugs of n ny Fuithtally Recorded. Speriat Correspundence af The Chicago Tribune, LINCOLN, Ned., Sept, 24—Memorial-Day was observed pretty geperally all over the State. Nebraska isin full symynthy with ber slater States iu mourulny the loss ot President Gare Ww tows ire springing up ulong tho ine of the Burllugton & Missourt Mathroad in Nebraska. coud deal of unter and omer bulldivg un- termi Nuds its way to the Western ternunus of this road and "as worked up Inte houges. The State ls growing rapidly, a Aman mimed Joseph Posivk was tilled Inn brivk-yurd at Crete lust week, by the eaving iu olin bunk of dirt. i Pawovg ts the bannor wool-growlug county of this Stute. She exported tuo product uf GU,0W sheep Unis yeu, i Damuging prairie fires ave reported (n various: paris ub thy State, A httle thine in plowing iee= ruaks Mas deve a Food dual of property. ‘A burrlbie outragy was perpetrated on amin by the mame of Coon, iving aut Ord, tn tie uortborn parto? ie State, He was ike out Dy dleguled ton und bls person herribly dis fyured, The cause of it ali Weis tut be hed been toa friendly with other men's wives, ‘Yhe entity of Cuater and Valley Counties ave dylng from some dine se which is thought to be the Tout and mouth disene uf Great: Britain, Tho malady, whatever it ts, ls spronding mypdly among tho cattle of that section of thu diate, THE STATE CAPITAL, Licensed to Organize-Stute Bourd of Kauatization, Speclat Diepatch to The Chicaga Tribune. SPRINGFIELD, TI, 8ept. 23.—The Secretary of Statw toduy issued Iconses to organize us fol- tows: The Enulo Milling Company, Quiney: capital, 80,00; corporntors, Lenry$s. Osborn, Hurry C, Osborn, Rudney Lambert, Hoary Melsser. The Kubo Bros, & Meyer Ciear Manu- fucturing Company, Coleuzo; capital, 80,000; bed revises Ubarics H. Rube, Joseph, itube, ouls Moyer, ‘Tho Uelluvile Purap & Skely pital, $2,000; corpuratora, Fred Chutles Beoker, Henry Sctitnit. Certilleutes of orgaulaition were ted by the Cutters’ & ‘Tailors’ Academy af the City of Cole cay, and by Central Lode, No, 3, Pree aid Ave cepted Ancient York dlavonsof Springticl ‘tho Seeretary of State hus been hott the Monte Christo Gold Mintug Company, Chie cago, of whieh J C. Mestullin is, President, has geenuned 18 capilal stock from $1U,0,00 to ‘Thy State Board of Tanatization today deetdod tu adjoticn slue die next Mouduy, TELEPHONIC Tho People of Streator, My Diavatte: fied with the Itlnnner in Which the Servico fs Conductod. Special Disatch to Tne Chtecoo Tribune, STHEATOR, Mh, Sept. W—Last spring, whon tua Central Yolephone Company solicited sube serlbors for thelr new exchange to be built at this pulnt, it was verbally ayreed by the com. pany that, If from {ty ta xoventystive wads seribers could be obtatned, a line would be run through to Ottawa, tho countysaeut, whieh place is already connected with the La Salle wod Voru exchanges, all owned and operated by the sui un Py Upon these grounds aareat many sxubsuribers were obtulned who @therwise would not have thought of toklayg thom. ‘The Hirst quarter ti Just up, aud no cons aeetion his been mado with Ottawa, and many have ontered thoir telephones out, wholly nearly allot their subscribers have signed ia petition asking the company to connect with Ottuwa withia thirty days ar take uut tholr telepnons, ‘Tolw movement on the vart of tho tolepbonvs ronters fa strong und decided, and will uudaubte edly bring things tu i focus very soon, Ro The Dute of Mansii¢ou, Linulon Standard, Tho Duke of Humitton intents to rise the whole of the rentdon the telund of Arran in Scotland, Tho uxtent tu which bis Graco Ine tunds to ralsy them toy be guthored from one casy given, tn which itis wuld be bus increased ony tenant's rent tram £18 tu £33. ‘Tho tueremio dm Juratitlead hy the clreunitunce thut the tenant Qa lately bullt a nunber Of cottuges on tha property, thereby Jncreas rf Thue thy cottawes were bullt by the tenant, at hie own exponse, dovs nat, 1) bis Cra opiate alfect thy nintter; bo simply conalders the tet thie value of the jana, aid means to bave it. What Is causing tho Duke of Mamilton to put the escrow op his Arran tenant: dia Grace ty a contirimed hursesraver aad gambler, He bas been nit batty of tate, and Hoos hu wean to muke bis tonants pay for bis (il-luck? i «Make lify worth lving~renew Brown's drow Wisters wilt de ity ite value. your health. THE COUNTY BOARD. The Expenses of Eight Commis= sioners at Cleveland Were $540. No Vouchers Were Sibmitted, <8), but the Bill Was Ap-. proved. Shall the County Lodge Its Jurors— Ingane Asylum and Poor- House. ‘ An adjourned mecting of tha County Board wna held yesteniuy afternoon; all of the memes bers present except Commissioner tutt; Cam- infasioner Purlugton In the chair, ‘Thorns O' Brion sent ya claim: amounting to $9,070. for * extras" tn plastering the new Court- House, whieh wag referred to the Committee on Public Uultdings. > THE VOOR-MOUSE AND INSANE ABYLUM. The annual report of the Warden of tne Poor. House was preseated and referred, It showed thit tho average number of Ininnics, counting: employes, hud been 660, and tho total expenses 43,411, or a cost oof twenty conts per capita, There were 440 Inmates at the Inat report, 1442 bad been since wdmitt had been discharged, 10 bad dled, and 697 remained Aug. 1. Tho births had by 4i—KI males and 42 fomales—and tho Intermenta b 4 ‘The report for the Insane Asylum showed the average number of. puticonts to be 615, the dally cost per capita for keeping them 44 cents, and the total expense @97418. The report valued the products of the farm at 8,4, the principal itein being 4,000 husbels of potutoes, and alsa noted the {morovements tnade at the soverul {natitutions during the year, * ‘The following table, compiiod from the report, shows the comparative expenses of tho two In- Bitutions by items: airtictes, Hoots und Arn Jhutlding material, Clothing Crockery: Ilardwara, Dry ponds. ce Hrs and Hquors.. Flour, Fuel Fara Insane Asylum, Bind Poors House, WeOU Nalavies.... S8T118 LIZING VOTING DISTINCTS, A communtextion was read from the Searctary of the Citlzens’ Association ening attention tr the Inequallty of the vote ig the virioud pres cinets of the city as shown by the returns in the late Presidential election. and usking that the boundaries ot pre th be ebanged, ete. and the precinets equ “1 whieh ft was chted comld by done by erenting about twelve new vott wlaces, ‘Tho de wut was referred ta the Committee on Public Service, ‘Tho how stenngruphere sent Ina petition nek. Hg {ng that i room he eet apart for thelr use in the ne ¥ Court-ftouge, the sume to be provided with Hephone and other cunventences at the eoun- ty's expunse. Mr. Coburn wanted the petition granted, bit the opposition wis so grent taut alter several wotion the decunient was pliced on Mle. Acunmuntention was read from F. MeCann, ‘one of the contractors for pulntiog the Criminal Court Butldiag, asking that the bulunee due tte firtn be paid te bin te enable blia to settle with his workinen, and that the orders issued by bit partner he not recognized, twas referred tu the Committee on Jail and atl Accounts, A BOUNCING MLL. Edward A, Filkins, Clork of the Board, pre Rontent nt Dil Of F170) for the expenses uf the tnp of sume of the Comimiss:oners to Cleveland nou return, dad {explanation suid be had ad- viniced the money. Mr. Wool was opposed ta putting the bill through in the way propoted. 1 any. Commis- sloner wanted to charge lis expenses up to the county he shunld present @ bul in the neil way, Souro discussion tolluwed, and finally: the butt was llowud byt vote uf ‘Those yotone to the pegutlye were Messrs. Coburn, Wood, and Purington, A large number of villa wi Y presented and ‘eforred, among which was, Td, We Same dail For $580 for dueviees ad “expert? In one nection with the building of the new Court- House, They w athreferrah hls for covering the steuimenipea in the now Cotrt-Houze were opened. ‘They ranod Trew Wto 45 cunts per superticial fout, and werw re= te red ty the Comnnuites on Public Bulldings. he prowosition ta appulit seme one to une earth the untuxed property tin the cuunty came Up at a speelul order, but. on mation ‘of Mr. Clark, 1 was laid over to the nex: meeting. LODUING JUKORS, Mr. Albright subimitiod a rest ing tor fitting up rooms in tlie Crit Jeusidting for the necommroducion of the Jurors ot the Criminal Court, woo are now beta provi forth the hotels ata vost of 82 per day, It get Torth that an expenditure af $6) would bo ali that would he necessury, ond that the jurors could bu ted therentter by the restaurants nt an expense af Trom 75 18 to $1.25 por duy. ‘The Fesulution was referred to tho Committee un dalt and Jail Accounts, DUOP THE SUPERELUITIES, Mr. Senne eniled attention to the fact that (here was notaing lett for the persons employed, As dupeciitencens uf tho Hew Courtetluse, nud moved thut their services be diasponsed wih nt the end of the month. Me. Wood wanted to know whothur it was not trie that the Kuperiutendents were kept biny. Mr. Knopt suid the s aperintundent ot Fluinb- fry ono to have beou disebarged tires monthe uu, Ho taderstom! that most of tha waters vloseta in the butlding were out of order, aud Unt he bad refused to fx them, Mr. Coburu suid there wes an absolute neod for both the Superintendents, and that te would be hazardous te discharge either of them at this Mine. A great desl of work remulnod. te he done, ail it was finportiunt that it shoutd be looksdutter. If thos employed were discharzed uber fen would bave to be gotten in thele plirees, Mr. Purington arid the Superintondent of Phinihing was employed to superintend. ons juan Who wad al Work, and sugested that ic would have been advisable to employ nore new wowka ud peste the wi to completion, Neil thouwit the rinteudents could wpeused with, ang tat they should bave been relleved months awa, replied that there was canalder= able stones work to bu done, and that It wauid be the part of economy to employ some competent pervon, P After further dizengsion, the inmotion was put and fost bythe followin vote, Stinigrs, Clarke und Hhetnwatd wot voting, Cor reisony best known to thonaelyess Leite uns O'Neill, Sonne, Stewart, Wood, Puriugton—i, ., Naye— Albright, Ayars, Coburn, Ender, Far Miler—t, Stewart moved to reconsider tha voto and explained tle vote by saying that bu. vorut dam away with the “auperin- nt" at plumbing, but he saw the necesslty: far employ hug seme one to make the necessary repitlrs and adaftions in the matter of ja pipe Thers was no tiecesslty tor a superintendent, but Kome One was wanted 10 do the Work, After come further disctission the motion to reconsider was withdeawa, aud the question was droppe ‘fou Committee on Vablio Charities waked Hh to purchase Jak) barcels Of Hour for the Poor-lfuuse and insane Asyhiun, a Urn read from the wututes ta xuow that the board could pot wutborize (ho expend ture by vu conmlites of a eum ty excess of Siu, Mr, Stang sald be did not want to purchase the tour, but simply to lavite bids, and, in re Diy to Mr. Coburn, waited to. knaw'who, under The Inw, Was olay to pay the bili recently cons tracted nt tho hoepltal, without the cousent of Uby boned, ainiaunring to 8400, AWwratklucniued. Inthe nldet of itthe board adjourned. — —a BENEVOLENT IRISHMEN, Special Ui.cpateh to The Chrcuou Yriune INDIANACOLTE, Ln. Bept, 24-—The thirteente National Convention of the Irish Catholic Hur nevolent Unian convened thle morning th Waste ington Hal, There are about 100 delegates from abroad in attendance, represouting some itty socletics, After the usiid preliminary uddroasea committees on credentials and auditing were appointed, Secretary Crilin'’s report showed fourteen now soclutios admitted to the Caton during the past year, ‘Tho Unlon ts couipused of tho various churitable orwanizations within the CatholioChureb, and now haesd anittacing gocleties, with over 17,000 inombors. ft bas a Tund tor the beneht of widows aud orphans, aud Ka gole object iseburity, a NAILS, Special Dispatch to ‘The Chicago Tribune Prerranina, Pa., Sept. 28.—Today tha Wosters Nall Assoointion mvt bere and advanced the price of nails from &3 to F125, There was avery urge utiendauce of members, and thoy report that never In tha history of tho trade bus the demand for nulls been wo brlak, ‘The manufuct~ Uren uaa rule ure opposed to making a suddea marked advance, us such actwn would bave a tendency to throw the inarket Into tho bands uf Wo speculators, as way the casy 1a 197¥, when Shey were badly bittea. : 1