Evening Star Newspaper, June 23, 1865, Page 2

01 st thie Brray of constitutional and legal | opinion of mé court in Burr's whsé, 7 ” Thaw: only who are lesgued wm the conap' be traitors—to complete the definttion both cir- cumstances must concur. They must ‘per- ea aren which will furnish the overt act, and tbe THE EVENING STAR. a W. D. WALLACH, Editer and Prepricter. Pct emcee PET WASHINGTON OITY: FRIDAY... cosees.++00005+SUNE 23, 1565, wa READING MATTERON EVERY PAG#. BEB OUTSIDE FOR INTERESTING TSLE- G@RAPHIO AND OTHER MATTER. THE SURRENDER OF GALVESTON, TEXAS. Official Repert ef Adsnira! Thatcher. The following has been received at the Navy Department: : Wear Gurr SevaDRon, U.S. Flagshin R. R Cuyler, of Galveston, Tezas, June §, 1965.—Sir- | An my dispatch, No. 135, written at Mobile, I informed the Department that rebel commis- eieners at Galveston had desired transportation to New Orleans, to meet General Uanby with a view to arranging terms of surrender, and that I bad directed such transportation to be TELEGRAPHIC NEW m—Arrival ef the Remains ef Bren Aeees Mrs, Seward. Avscen, Jane 23.—The remains of Mrs. W. H. Seward arrived here this morning. The tuneral will take place to-morrow after- noon. Frem San cisce. Sawn Francisco, June A dispatch from New Westminster, capitol of British Colambis, says the work of stringing the wires of the Russian telegraph line commenced to-day in that city. A large force is employed by Col. Bulkley. We will soon be in telegraphic com- munication with the mining camps of Cariboo and intermediate points. The city election at Portland, Oregon, yes- terday, resulted in the complete success of the Union ticket. Escape ef a Murderer. BurraLo, June 23 — Obarles Carrington, sentenced yesterday to be hung, escaped from the jail, with three others, last night. Death ef Admiral Dupont. furnished, 2 On the evening of the 25th of May I arrived at New Orleans, where I remained until the morning of the 5th instant, and during that | riod bad several official interviews with Jonel Ashbel Smith, the commander of the defenses of Galveston, who assured me that there would be no opposition on the part of the forces under his command, or the people, to the occupation of Galveston Aas Navy. On the morning of the 5th [ left New Orleans in the U.S. S.R R. Cuyler, and arrived off Gal- ‘veston yesterday at two p. m. Gaptain Sands then informed me that on the 2d instant Major General E. Kiroy Smith and | Major General J B. Magruder came on board the U.S.8. Fort Jackson, where they were met by Brigadier General EJ. Davis, repre- | senting Major General E. R.S. Canby, and the terms of surrender heretofore agreed upon be- tween representatives of Generals Smith and Canby were signed by General E. Kirby | Smith. Afier the signing of thearticles of surrender, Oaptain Sands immediately took the necessary steps to buoy out the channels, and on the 5th instant proceeded inside the bar in the U.S Ss. Qornelia, followed by the Preston and landed at Galveston, accompanica by Commander Stevens, Commander Downs, and Lieut. Com- | mander Wilson, and badan interview with the Mayor, U. H. Leonard, after which the flag of the United Statee was raised on the Custom House, the citizens conducting themselves in the most orderly manner. The fiag is now fioating on all the forts in the harbor, but as we have not sufficient force from the fleet to garrison the latter, I have di- rected the light draft gunboats Cornelia, Pres- ton and New London to remain inside the bar, | where they will soon be joined by the Port Royal. I have also given orders toOommander | Le Roy, of the Ossippe, to convey with his ves- sel the troops which Gen. Uanby it is hoped will im 8 few days be ready to despatch to oc- ecupy the different ports om the coast already surrendered to us. General Brown, of tre U.S. Army, on the st instant, with a brigade, took possession of the garrison at Brownsville; the other ports on the coast of Texas, which have been here- tofore blockaded by our vessels, are now held | Thus, blockade ranning | by the naval forces. from Galyeston and the coast of Texas is at an end. To-day I went on shore, and had an inter- view witb the civil and military authoritie: by whom I was cordially received, and in conversa'ion these gentlemen expressed them- selves anxious for a speedy restoration of the old order of tbings, and reiterated their desire that a pertion of our naval force should re. Tain within the harbor for their protection. On the visit I was accompanied by Uaptain Sands and a part of my staff. Very respectfully, your obedient servant, H. K. Tuatcuer, A. R. Admiral commanding W. G@. Squadron. Hon. Grpton Wucies, Secretary of the Navy, Washington, D. 0. P.S—The R. R. Cuyler will now proceed to New York, in obedience to orders of the De- partment. DEATH OF REAR ADMIRAL DUPONT. A dispatch dated at \ ilmington, Delaware- has been received at the Navy Department an- mouncing the death of Rear Admiral S. F. Da- | Rear Admiral Dupont | pont, at5a m. to day ‘was born at Bergen Point, New Jersey, Sep- tember 27,153. His grand-father and father were of French extraction, and came to this country in 1799. Ati2 years of age he was commissioned 8 midshipman ip the Nayy, and sailed in 1817 on his first cruise in the Franklin, under Commodore Sewart, and for many years was employed in ordinary routine duties. In 1545, being then a Commander, PHILAPELPHIA, Jane 23—Rear Admiral Dupont died at the Lapier House thie morning. GOVERAMENT SECURITIES. WASHINGTON, June 23, 1865. Jay Oooke & Co furnish the following quo- tations of Government securities: Buying. Selling U.S. 6's Coupon 1881 110% U.S 5-208... Us | UL S_10-40"s, 7 Oxe Year Certificates. 9975 New Yors—First Boarp. Coupons, 110: 5-20’s, 103';; 10-40"s, 96:4; Cer- tificates, 99%; Gold, 140%. —_—__+ 2e<2--_ THE WEEKLY STAR is now on our counter for sale, and in wrappers ready for the mails, containing full and accurate reports of the proceedings ef the conspiracy trial, the argu- | ments of the counsel for the defense, higbly interesting military, naval and department news, foreign, domestic, literary and agricul. tural miscellany, several columns of local news, and the Ia‘est telegraphic dispatches trom all quarters. Affairs in Georget CANAL.—The line of the canal is deserted to- day. No boats arriving or departing. Buasi- ness is not very lively, exceptat the mills, which are all operating, there being a plentifal supply of water A note. from the vicinity of the breach in the Antietam division, as- sures the Superintendent here that all the damage will be repaired by to-morrow after- neon. If so, boats may be expected to arrive | Monday evening. FLovB AND GRAIN MARKET.—Flour—De- mand active, especially for high grades of super. Sales reported at $775 and $3 for su- pers and $5.25 to $6.75 for extras. Grain— Stock light and norecetpts reported. No sales upon which to base fair quotations, = AN ADJOURNED MEETING OF W. 0 ho ale at Temperance Hale RAIA Priday? wi e held a! ‘em peranc: ‘riday BVENING, ats o'clock p. m.. Persons wishing 10 become membei invited to atte: it* | MASONI special cemmunication of } LBBaNON LODGE. No. 7, F.4 A.M. will he beld at Masovic Hall(corner of 9th and D ats .'on SATURDAY BVENING, June 2th, at 7 o'clock. All Master Masons in good standing are fraternally invited to attend. By Order of she WwW. Je 23 2t* *_" Becretary. TO COUNTY TAX PAYBRS —Notice is hereby given that the tax of 1855 is now ue A deduction ef 10 per cent. will lowed | until Friday, the sob instant. arrearages being paid. Office open THURSDAY, the 22d inst eentinuing daily until Friday. the 3th instan’ Office in basement ef wert wing City Hall Jo 21 6t™ JAMES PiLLING. Collector.” ELECTION NOTIOB Orrick WaskinGTON ,Nb GEORGETOWN 4iLROAD Company, Corner }5th street and New ork avenve, Wasminotex, D. O.. June 20, 1855.— The Annual Meeting of the Stockholders of the Washington and Georgetown Railroad Company. o for the election of Directers. will be held the Office of the Company, on WEDNESDAY. the 12th ofdnly, 3265. The polls will be opened at 120’clock 0. 8: Srv BOW, Prostaent. ¥. we CPSERD REE: Secretary and Treagurer, je 21-tyl2 YJ. CO. McGUIRE & CO., Auctioneers, HOUSEHOLD FURNITURE AT PUBLIO SALE. On TUESDAY MORNING. June 27, commenc ing at10 o'clock. we shall sell,.at t! Mrs Blizabeth Clark, No. 317 G 12th and 13th streets all the Household, Furni- tore and Housekeeping Effects, consisting ofa General assortment of Housekeeping requisites, Terms cash, he was ordered to the Pacific and: plsced in See we o: J SETAE £00. Aucte, command of rigate Congress, bearing the .B, ;* pecae pennant ot om Stockton, ’and during B No, 307 Pennsylvani ne. @ Mexican war saw much active service on t n the California coast. In 1556 he attainea the nang gare Ce ee WATCH AND rank of Captain, and in the succeeding year CLOTHING. &c., AT AUCTS om. aieh mnva.n in command of the,$°*Reed, the | sha'l'selt & nliiber of ‘ane Gold Lever Warcies American Minister to China In 1862 he was | Chains. Ladies’ five Boamelled appointed by the President one of the 9 Rear | and Chatelaine, Chains, Rings, Admirals on the active list. Apart from his | 41%9. 8 good lot of Men and Women's Clothing. sea service, which extended overa period of Boot saan Gree W 8B. LEWIS & 00, 25 years, he has served on several important if ron: 3e-] Ruconsert: naval boards. QALE OF CONDEMNED OATS, HAY, AND Admiral Dopont was sick but ashorttime | GRAIN BACKB. His loss will be greatly felt by the Department. 2N. CUSTAR’S HORSE. Few have probably fo: gotten the magnificent stallion rode by (fen Custar on the day ef the grand review, and which ran off with the General in front of the reviewing stand. This borse was captured in Virginia last year, and ig valued at $9140, Yesterday the original owner of the horse, upon establishing the fact of bis loyalty, obtained from the Secretary of ‘War authority to take the horse wherever he might be found. The Government stalls here ‘were upeuccessfully searched, and the man nally ascertained that his borse had gone to New Orieans with the General. The discon- aoclate owner follows immediately. ORANGE AND ALEXANDRIA RAILROAD. The work of repairing and rebuilding the bridges of this rcad has commenced, and on Tuesday next whe road will be tarned over by the War Depa cnent to the Agents of the Board of Public Works of Virginia, Messrs. Quigiey and Jamieron. On that day the trains willran to Bull Run, and a few days afterwards to Warrenton. Theentire line of the road will be opened to Gordonsville es early as possible, making the connection with the Central Rail- road to Richmond, 160 miles, compiets. Mr. Wm.H Mct affer:y, the Military Saperinten- dent of the road, will be retained by the com- pany in his present capacity. JEFF. DAVISS FIRST SECRETARY OF Wa L. P. Watker, Jetf. Davis's first meutater sot ‘War, whoin 1861, at Montgomery. Ala, at the time Jeff. was appointed President of the Con. tederacy, made a speech declaring that in less than three months from that date the rebel fixg ‘would wave from the dome of the Oapitol at Washington, is en route to this city to make gpeciat application to the President for par . COUNT READING. Frank Rursell Reading, alias the “Count,” (at one time editor of an advertising sheet pub- ished in this city, called the Guide.) who was Sentenced to five years’ impisonment for using disloyal language, at she time tte rebets in_ vested Washington, has been released upon taking the cath and promising to conduct Bim. self in future as a loyal citizen. RELIEVED Lieut. Col. J. W. Waite, bas been relieved trom duty as Actiog Assistant Inspector Gen- eral at the headquarters of the Department of Washington, and ordered te St. Louis tore. Port to bis regiment, the Sth Illinois cavalry. Soh obs dees parity bite arb RELEASED Sanies Brus Booth, who was arrested upon suspicion ® having some knowledge of the conspiracy PIO. was niconditionally re- | eased from the Old Gayito; this morning b; order of the Secretary ot War y SetTRE Reet! aye) THE REBEL GENERAL Mevar, This vandal, who sacked and bu beraburg, Pa , is now living in luxury farm in West Virginia. lt is unders:, @ equad of cavalry bas been sent out Bin. SLAND. Cham. on his OP that 10 atres, GENERAL GRANT. Lieut. Ger. Graut, accompanied by several Chvef Quartermaster’s Office, Depot of Washington, 5 Washington. D June 23, 1865. Will be sold at public auction, at Aloxanmdrig, Va., under the direction of Captaind N. Buot, A.Q.M.. on THUBSDAY, July 6, 1365, at 1lo’elock * m 45.000 GRAIN SAOKS 18000 BORRELS, oF OATS, and 18 TONS OF HAY, condemned as being unfit fer public use. tguncren tus Se ony be fake Ot alee”® wi jin five jays from ol . Terms—Oash, in oversees fata mR. wee -¢. 9 Brig. General and Chief Quartermaster, Je 23-12t Depot of Washington, members of ris staff, left here yesterday eye. || wing 8t5 o'clock for Philadelphia. The Gon- eral expects to be absent anont a week. —— DESERVED PROMOTION. Gen. Rucuer, of the Quartermaster’s De- partment, bas beer appointed brevet Brigadier Geveral in the regular army INDIA® Avy alks.— Commissioner Dole hav- ing been directed to Open hegotiations ip per- B08 At distant points with tribes Of hostile Th. pag Judge Edmonds, Com missioner of the everal ano Othicr, Das Been é ween Bi) med. = pr deat tm Mr Dole: ae peti ‘onér-of Indian Affe: in the Meantime. Ye General Laca 0: ire, and Mr. Tou, Actin, le Mice, & Udmmis \A Y GREEN & WILLIAMS, Auctioneers CHANCERY SALE OF V BOF, ALUABLE REAL By virtue of adecree of the Supreme Court of the District of Oclumbia dated oa the 2ist day of D, 164, passed io acertain cause (NO, 1400) in reid Court, between Joreph B Oassin, sie contain addon tne ge ersignei. stee. will, on 2 ¥, the 294 day of dune, AD. 18%, at 6 ovolock 0 ts D. m.. ip front of the premises, id : all that Lot of ground itaace lathe city of Wash, ington and District of Columbia. known and desig- nated as Lot numbered 5; also. the eant 7 fee nd 8 awchea front Lot numbered 15, in aaid s ey together with the improvements on said Lot and gt of Lot, consisting of a irae three-story rick House, with back bailding; the house hun, however, recently been considerably damaged by The property is situate on north K atreet. ba- tween 2th and 27th streets west. fronting 57 jhe and 8 ingh K street, and extending back with ee ope tabs feet 8 inches) 109 feet 10 public The terms of aai- are: One-third cash, (cf which the purchaser will ‘ed to tire of sale $10" pe pe ape jee : © Cay of ‘ale; said balance to bear interest from the day of rale. d the payment thereof te be secured by the bends of the purc*aser or pnr gbasers, with surety to be approved by the "Tt the terms of 16 terms of sala be not complied wi! Bivedaysfrom lay ef sate. the Pauses totes the right to re sell the property at the risk and cost of the defeuliing purchaser, by advertising One or more of srebige Sale three times in some je Gai Washington ener® published in said city of All conveyancing and stamps st the cost of the purchaser, erase & SE Trustee Dy 31-Staw3swads ee meee: S27 THE AROVE BA 18 PUBTPONED UN- ti) WE! NERDAY, Ju! bh, ea nerers ae at thename hour and 'rostes Je 23 Staw&ds GREEN & WILLIAMS, Aucts, OR £4} B- A Horre, Harness ani8 in good ercer, will be sold cheap iv at 26] Penneylvavia aveuue, 12to street, $022-3t* cu SUMMER DRESA GOODR pring Dr. Rting Dray LARGE BTOCK JUST KECEIVED FROM AUC TION. More than &0 pieces of MOZAMBIQU BS, POP. LIN£, LUSTRES. GRENADINES, OBALLEYS, LAWNS. acd JACONETS, price f-om 31 cents to i 75 cents per yard, and all very choice styles and cheap. TRAVELLING DRESS GOODB ip great variety at low prices, 308. J, 4W4T 4&0, 308 Peunsylvania avenue, Pe ati between 9th and 10th ata, SFALED PROPOSALS will ved at bornetntge’s Office antil 17 mon MONDAT the Copitel wite?, greatag oh atreet ost. from East Sinte the peng te. @ etrest south. Bidders wil! The rarplue een ecto: erating, 3 mm ete ineloners ofthe Fits ag Sixth Wards may direct, RY Gi ry Woo ¥ugre e Fifth Ward. DENNIS et Ooe? Sixth Ward, 3A008 LRinitanree” JOTGi Fg leg ett oe ses or © 25) Bet! Bind ond hand Hh mies sitet ts tree tn, Oppost Bational Hote 2 oF READY AND reperties of RAOT BUOCHE et forth im the U, 1 ners.. ege lot Baten ones MBULD'A FLOYD Wat H 11] be s comparison with 8. Div pensatery, mar ad ths FE ERR TY etre tA go erh Apply ate Liter ani, mete Hou foreien sroodad Besraile ewetled bs fea ieee aee ri c betwees 13th and 14th = rom Hotel. rgetown, D, C., rning, June 234 small b! and BR ib red leather OOllar. tan T: i, itable reward will be paid upon leaving 2 zt The office of the Hotel. je 28-2t* ARD— yedor stolen from the sub- Nversen Bund lay.the 18th Jat large AY HORSE, thin Dine epcane: mina essere TEs ae 2S * ‘Washington City, D.C WES UP HBTRAY—A Roan HORSE, sy oe The owner is reqaes' come a ar, mi . anual ty i pire ty Fotween Band F. Jo 25 3t* BEWARD.—Stolen from my pastare, om the night of the 2lst inst colored PONY. black mane ders gaulded by the coli: be eerie returned to Fert Slocum, neat Rock biewsie PATRIOK MAGABAY. Gee BEWARD WILL B D 70 ¥ person who will bring me my little grey MULE, five years hur’ on the back froma hore bite. which was stolen on Fritay. 19th inst., atSo'clock s,m. Inquire at Clinton Hotel, 429 Pennsylvapis avenue. je23-2t™ AKEN UP ASTRAY—On Saturday, the i7th T Srteniva bay COW, with br knob on her tight horn. mis ones cwill pt _ ome forward, | 7 . rges, al prove property, pay charg Teaac on mile from©am) B: on the Bladensb, O8T— Yesterday afternoon,a bunch of KEYS, 4 on the avenue or loth street. Anyone fnticg the same and retarping them to this office will be liberally rewarded, Je. 22-20* AKBN UP RSTRAY Je 23-3t* BAY HORSB ton- demped The ow will se come for- Td: POPATMIO aBLLaNT ute 2 reat, bats 3t* Fark betweon Bani O Island ROUGHT TO MY STABLE, corner 24th and G streets, on the 2iat instaat.a DUN MULE, about 16 hands high. The owner wil! please come forward, prove property, pay charges aud take bim away, Je 22-3 pounps POCKET BOOK, containing a sam of mevey, supposed to belong to a discharged soldier, The lo n obtain the 1 by oa ling at sone ras avenues pear Bauk of Wash- ingtosB. an escr: bin, 6 same. : A.B. ALLEN. Je 21-3t® § REWARD.—Strayed on the i2th inst.,oa reddish bri ’ —— 5% OOLOUE P. TT THE CONSPIRACY TRIALS. NEW TESTIMONY. BEY. TUCKER DESTROYS DAMNING EVIDENOE. —_———>—_ THE CASE OF MUDD AND ARNOLD. ge ARGUMENT OF MR. EWING. —__—_.—__— The Court met at 12m., pursuant to adjourn- ment. TESTIMONY OP JOSEPH B. HUTCHINSON. (For the Prosecution.) Witness isa native of England. Has been residing in Canada for seven months, While there witness saw O.O Ulay, Beverly Tacker and George ers. Saw Tucker and San- ders in Montreal and Clay in Toronto. The last time witness saw Clay was on the lzttvor 13th of February, at Queen's Hotel, Toronto. Saw Dr. Merrittin Toronto on the evening of the 2d of June or morning of the 3d of June in conyersation with Tucker. Overheard Tucker say in this conversation (in relation to dovu- Taénts connected with this trial) that he had burned all the letters for fear some Yankee son of a bitch would steal them from his room. They were talking about this trial. Beverly Tucker, Gen. Carroll, ot Tennessee, and ex- Senator Westcott, of Florida, were present. They were speaking to Merritt as if they had implicit confidence mm him. Mr. Ewing here read his argument in behalf ot Arnold. He proceeded to analyze the evi- dence and eaid there was no conflict between the prisoner’s own statements and the state- ments of the witness for Government. His statements called out by the prosecution had not been discredited, and must therefore be accepted as evidence. The utmost scope of the evidence against Arnold established only the fact thathe was at one timea party toa conspiracy for the capture and abduction of the President. And if the opbject of this con- spiracy had been consummated and the Presi- dent had been abducted instead of being as- sassinated,even then Arnold could not have been lawfuliy convicted, because before its ac- ccmplishment he had entirely abandoned and brindle COW, with white face an horns, also bas a wart on the right fore teat Any One returning said Cow to No. 70 Qongress street, Georgetcwn, will receive the above re- ward fe 21-3t* AKEN UP E&TRAY on the qubseriber’s place, one small BAY HORSE, about four years o1d; Ge fae oistemper. The o forward, prove property, an W. cho OK ER, _Jezhtt!____ Bear Piney Breach. $25 REWAED—3Strayed or stolen last Monday, 1) ate? between 9 and 10 o’clook. from 7th street, between B and F streets.a HORSE and WAGON, The borse ig sorrel and the wagon green. The above reward will begivenif returned to O street, between 3d and ith ets., Oapitol Hid. je 2st" PETAR PFEISTERER. L2 AT PARK HOTEL STABLES, 7TH 8T., on or about the Ist of June, adark bay MARE, about six years old and about 15 han shigh, The two right feet are w crippled in hind legs. The owner wil! plosse within ten days from this 17th da; of June, pay expenses and take her away, or she will be sold at public auction to pay for ber feed, Je \7-6t' YER. LOUIS PERSONAL. NG —Those persons who engaged of me the fuur new Frame Houses, containing 6 rooms, on 3d street, are requested to come for- ward by the 25th instant and pay a deposit, or they will be for rent or sale. Also, wanted a PAINT- EB Apply toJ AS, ROBERTSON. Agent, No 60 Prospect street, Georgetown, D.C. Je 20 4t* Het’ VEGETABLE SICILIAN HAIR RE- NEWE Has proved iteelf to be the most perfect prepsra- tion forthe hair ever presented to the public. It will restore gray batt to ite original colce. It will keep the bair from falling out. It cleanses the scalp. It makes the bair Justrous and silken, ey ae ‘, verue, and by GASS & UATL corner of 9th and I ats., Washington, D C.; ani ty R.8.T OISSHL, 110 Bridge street. George- town, and by all Druggists. Je 207 HEREDY GIVE NOTICE THAT I WILL NOT Sr street and Pa, ay any debte contracted by my wife, ANN Mc- CARTHY, from thisdate. D. A. iooaere, June 19. 1365, je l9 STROLOGY —MADAME KROUSE will give information on all the affairs of life, and io respect to all other subjects. She can be consulted atall hours of theday aod evening. Gentlemen $1 adiea 5 cents Bhe can also show a likeness aslargeaslife. Residence 41534 street, between Pa. av. and O street. je 17-1w™ BR. PHILLIPS has removed to Pennsylvania Dinygnees nee ate over Messrs. Kidwell’s e965 Smif” GEORGETOWN ADVER’MTS OR eriee etter at adet eor, Dw! opened on MORNING next, the 17th inst., for all market business, and alt Dealers trom the country Are hereby notified that they must occa: tbe Space appropriated for them within the ‘its of the id market, under the dirsction of the Market Master ani as per“iaw of Uorporation approved 27th April last. mith WM. LATED. Clerk. Jel5 dtaith Maxon OFFICE, Grorcarown, D. 20,1 # HUNDRSDDOL- /865.— A reward of PIV, reson who ive if LABS will be paid to any @ such information as will Tead to the conviction _ pera ion persons ano lately seton fire the rr 2 ris! is itu. Bted on West stevet, inthis towns ween se This reward will be im add-tion to the reward of five hundred dollars offered by Wm. BH. Tenney, LAS ee er rd of Sve huadred dollars of- i : rmB'ion above atatad sages eel PLS HBNRY ADDISON, Mayor. ~ je 23-Yawtw (j20RGETOWN TAXES —An abatement of six ¥ percent will be allowed on th 1 of 185. if paidon or before the fret day of Jets pext, fe20-étJy1__ OHAB. D. WELOH, Collector, ROPOSALS FOR THE REPAl P fou ETREET BOF FREDER Proposals willbe received by the usdsraigned until THORSDAY, June 2th, for Gurding esd Guttering Frederick street, from 4th to7th sta , oméach side of said street. Also. for laying :3) three vl i fc lowest reapanrible bidder of Georgetown FT curb to beof best Line etcme, I iuch wide, with square face 32 inch wide The gutre- to be th: feet (3 ft.) wide with three course ef B in thecentre, The flag footways to be The gu'tering and fiagaing to be dune ona £10, bed of sharp sand. Said work to direction Leo un ¢ ie e of net running foot. Alse. ‘or | ie f gu'ter and fcotways per superficial sard. including all terials for aaid work, excavating end ti'ling J a. NBWSAN $020 Commissioner of streets. o tag ma- PouBzstic EConemy, CAMPILLION CARPET. The attention of the public in called to this fu- vention. PAPER CARP ST, which. for cheapnene, durability and beauty, cannot be surpassed by act erainary Oarpet now in use. Oall and examine it for Teelves, at 482 Ps. avenue, between 3d and ads Bis. Je 20-56 JOHN BRATY, Agent, PECIAL NOTIOR.—I wish the” ati Ss ‘Betesale and retail buyers to the ptoatest largaine ever offered Enten ting to make sonte important change in my business. my well Selected stock of DRY GUOUS ior month at reatreduction. Black Bilx, $1. $225, $137. $150. 47! bi ehaawte. only $1 &. $175 $2 orth double; ilk Oi: }. Goats, Basques at Pare ecle,8un Umb-ellas, fom $: 5 ed and Brown Cottun, ag 9 2 01 only 25 e -h 3 8 = i iP as worth 4 Preneh: Lawant te ganas Goods, Tery Cheap; Black Alonom. at 37 coat @ fhe yatrade i A ratley Beep at yariety, ote White ao SO Pilla and 8 ery cheap; Hor at $1; Stockings, % ete; M Ye Book aca "3 eG reat bargains: Hanokerchiets, for ladies amd hildren, l6cents, very cheag Remember to call early. BENI, NEWMAN. Jei6 St 443 7th street, near G, SPRING ASSORTMENT i “s 486 MARBRITER’S, NO. 456 OBY BNIB StRueT, DEALER IM OHOION BTOOK OF INTRRIOR ADORNMBNTR 4 Bangings, Border eee, &0., embracing t! i soment atsurtment iz the Dinirit en ee WINDOW SHADES Buf, ad i and tataes, |. Green, Pink, Ia Gilt w: Shade Fhneures Fant ra Bro jariety of ttorne: RE CORD & TABEBLS. ‘ U Bilk and Worst. Picture Uord and Tassels, dit. G 4 mont, an, Nei ry beaatifal: assortment, ) 1 POTTER ‘BAMBS, ‘tme: paper Ree periseerots Ali-sined Oval ond Onrle Ge Veolia 4 GBS VANES & Pad a at few ee wings end PASS, always “OFdbes fot Paper Hanging’ éhé Window bi ote: wa oe Seer ae oxesuted. ig tne beet | AP Fees Cute tor Goode or Lever > { = 486 de 3-em* | 486 4 withdrawn from the enterprise. Human, like Divine law, mercifully leayes a place of repentance for al) bet ween the concep- | tion and perpetrationof crime. After Arnold | bad terminated his conspiracy for the abduc- tion of the President he ceased to be respomsi- ble for what his former confederates did, whether in prosecution of the origioal object or in execution of some new plot to which he ‘was not aparty. (Wharton Am. Crim Law, 262.) There's notan atom of teetimony con- necting him in the remotest degree with the crime committed. Mr. Ewing quoted from various authorities | to show that he was not accessory before the fact. He was a party to a conspiracy, but the en- tire scope of that conspiracy was the abduc- tion of the President, and the President atone, It embraced no other person and contemplated no other act. But for this conspiracy, such as it was, he is not on trial; and it can have or certainly ought to have no influence whatever upon the minds of the court. It was aban- doned by him long before the assassina- tion, and with its abandonment his con- nection and intercourse with the conspira- tors ceased. The accomplishment of its objects and purposes was never attempt- ed, and the crime now ‘under investi- gation did sot result from it, but was the fruit of & new plot, anew conspiracy, to which Arpoid was nota party, and of the existence of which it does not appear thathe had the slightest knowledge or intimation. How then will it be possible to justify a judgment of con- demnation against him as accessory before the fact to a crime of the intention to commit which he was utterly and profoundly ignorant, and from which we are ‘warranted in believ- ing, from the presumptions of law and what the evidence has disclosed of his character, he may)? hoTr thee with loathing and dis- Upon the conclusion of Mr. Ewing’s argu- ment in betalf of Arnold, lhe Court took a re- cess until 2 p.m, when Mr. Ewing entered upen his argument in behalf of Madd. He said :—The first great question is a ques- tlon—Do you, gentlemen, constitute a court, and have you jurisdiction asacourt of the persons accused and of the crimes with which they are charged? If you have such jurisdic- tion it must have been conferred by the Uon- stitution or some law consistent with it, and Cee es out its provisions. 1, The fifth article of the Constitution -de- clares, “That the judicial power of the United States shall be vested in one Supreme Conrt, andinsuch fmferior courts as Congress may” from time to time ordain and establish,” and that “the judges of both supreme and inferior courts shail hold their offices during good be- havior.” Under this provision of the Oonsti- tution none but courts ordained or established by Congress can exercise judicial power, and those courts must be composed of judges who hold their offic-s during§good behavior. They must be independent judges, free from the in- fiuence of Executive power! Qongress has not “ordained and established” you a court, or authorized you to callthese parties before you and sit upon their trial, and you are mot judges,” who hold your office during gvod bebavior. You are, therefore, no court under the Constitation, and have no jurisdiction in s cases, unless you obtain it trom some other source, which oyerrules this constitu- tional provision. The ident cannot confer judicial power Upon you, for he hasit not. The executive, not the judicial power of the United States, 1 vested in him. His mandate, no matter to what man or body of men addressed, to try and if convicted to sentence to death a citizen not of the naval or military forces of the United States, carries with it no authority, which could be pleaded in justification of the sentence. 2d. The Presidert, under the fifth amend- ment to the Constitution, may constitute courts Pursuant to the articles of war, but he cannot give them jurisdiction over citizens. This ar- ticle provices that ‘‘no person shall be held to answer for a capital or otherwise infamous crime unless on a presentation or indictmert of a grand jury, except in cases arising in the land or naval forces or in the militia when in actual service in time of war or public dan- ger” The presentment or indictment of a Grand Jnry is a thing unknown to, and inconsistent with your Commission. These defendants did notand donot belong to the “land or naval forces” of the United States, nor were they “militia, in ime of war or public danger, in actual service.” The 3d section of the 3d article is as follows “The trial of atl crimes except in cases of im- peacbment shail be by airy.” But lest this shall not be enough, in theiranx- ious care to provide against the abuses from which Engiand had recently escaped and which were ctill fresm in the memories of men— @s the Star Chamber—-he High Commission Ooorts and thetr attendant enormities-the fram. ers ofthe Constitution farther provide in the 6th amendment that «In all crimina) prosecntions the accused sball enjoy the rightto aspeedy and public trial by an impartial Jury of the State and District wherein the ¢rime shall have been committed,"” Now whence, and what, is the authority. which overules these rdistinct constitational prohibition, and empowers you to hold ‘these citizens to ans wer despite the mandates of the Constitution fortidding you? mgress has Lot attempted to grant you the power—Uon- gress could mot grant it’ A law to that effect against the Constitutiopar prokibition weald be merely void. Congress bas au‘horized the suspension of the writ of Labeas corpas as the {ygustitation permits (act 1, sect. 9) but the PU tive nteonmesthoro oy permit tho Militi- ry totry, por Bas Gongress attempted to deliver over to the mittary for trial, judgmentand ex- ecution, Americsn citizens. notin the land or naval torces or in the militia in actual service, when accused of erime. Congress has suspended the writ of habeas corpus. This goes to :mprisonment, not trial, conviction orpunishment. This istheextrema limit to which the few-making power is per- mitted to g0, and ft is ont) in cases of strong vecessity that this is permitted. Congress has Fepealed-s0 Much Of the 102d eection of the acy of September 24, 1769; as required that in all CHpital cases twelve petit jurors should be summoned from. the county in which the of- tence was committed, (par. 221, sec. 102, re- peeled. July 1862, page 4,161, see. 22.) but bave rved 4)! ether legal provisions made’ in aid of the Uonstitution to protect the citizens trom the oppression of unregulated. and an: resirained execuure power, .The accused eball be tried. npon an indictment or presenta- tion of agrand jury. If two or morecrimes of @ likematare be-charged they must $e set forth in separate counts, (act of February 2%, 1653, cecttomoli7:) ‘You may not compel su ac+ cused to answer to a loose story or accusation of mae ns Gomer [emo the crime Ns ich this: pa; pee vont rae tage of ant u 10} nia i 1 witnesses: odaced Ai trial for proving the-said i alee the names and places Ot spek wilnerses: rors, to bi Al least tones entire days Oe fore be shall be tried.ton the same; ang in other Chgpi ted Offences shall ave sack copy of indict, ment and jistot the jury two entire siaymat ‘leant before the trial, (aot of April 30, 1799, sec. A, p. 221) jon and lation, Mr. Ewing said he nothing could be adduced exc perbaps, an executive order, authorizing by direct mandate. or by implication the thing to bed which the Constitution forbids them todo. If they were proceeding in obedience to such executive mandate, and if that gave urisdiction, still they were proceeding in a in and manner which the Constitution and w expressly forbid. Again: Knew la If his clients be charged with treason or murder, they must be proved to have been present aiding in or actually committing the overt actor the alleged mar- der. For either ais these the punishment on conviction is death. The Judge Advocate, Mr. E claimed. has been unable in the cases of his clients, A nold and Mudd, to present any evidenge re- motely approaching that prescribed by the Constitution and laws as the conditien of con- victiop, and yet it was inferred thathe will claim a conviction of one or both of them on the proof presented. What is the profession on this and on the other side of the Atlantic to think ef such edministration of criminal juris- prudence? for this, the first ofour State trials, will be read with avidity everywhere. He asked the officers of the Government to think ot this carefully now, lest two or three years hence they may be ashamed to hear it referred to. No crime known to the law is legally charged in the paper which 1s here substituted for an indictment. In this paper three distinct crimes are strongly hinted at, in a single charge, to each of which different rales of law and evidence are applicable and different pen- alties are attached, and he had wished to know, sothat he mighvahepe tbe defense of his clients accordingly, for ich alleged or intimated crime any one or each or all of them are to be tried. This information has been denied—the Judge Advoetate put these parties on trial and retusee to advise their counsel on what !aw or au‘hority he rests his claim to jurisdiction. But it has been said, and will perhaps be said again. in support of this jurisdiction, that the necessities of war justify it, and ‘Silent leges interarma.’ Sosaid the Roman orator after Rome had become a military despotism and ceased forever to have liberty, and when she retained law only as the gift or by the permis- mission of the ruling despot. “The law is si- lent amid arms.” Yes, it is so in a conquered country, when the victorious General chooses to put the law to silence, for he is an autocrat, and may if he choose be adespot. But how extravagant ts the picture, that a bold and spirited and patriotic people, because they rise up in their might and majesty and send forth conquering armies to rescue the Republic, thereby forfeit their civil rights and ail con- stitutional and legal protection of life, liberty, and property! Cases may arise, and indeed have ofen arisen, in which rebel robber bands, whose vocation is piracy on the high seas or proimis2aous robbery and murder on land, where the felons hostes humani generis may be lawfully put to the sword without quarter in battle, or hung on the yard-arm or otherwise put to death when captured, according to the necessities ot the case, without trial or other conviction except the knoweledge of the commanding General, that they were taken jiugrante bello and thatthey are piratesor land robbers. A military court may be called, but it is advisory merely, the General acts, condemns and exe- cutee. But the Constitation of the United States has nothing to do with this. It does not pro- tect enemies captured as pirates, marauders or spies, or even enemies taken prisoners in regular battles—it protects not belligerent ene- Mies—bat only citizens and those persons not citizens, who, in civil life, seek and claim its protection, or aliens who are engaged in its military or other service. x Bat it the jurisdiction in this case exist, whether by law or by the power of arms, he regretted that a mill commission should be charged with the trial of these causes. The crimes are, as far as hinted at and written about in the charge and specifications, all cog- nizable in our Civil Courts. Those Oourtsare open, unobstructed, without a single impedi- ment, to the fnll and perfect administration of justice—ready and prompt as they always are to perform the bigh duties, which the well known principles of law under the Constitution devolve on them. What good reason can be given im a case like this to a people jealous of their rights, for a resort here end now to military trials and mili- tary executions} Weare at the advent ofa new, and he trusted a successful administra- tion. A taint such as this—namely: the need- less violation of the constitutional rights of the citizen—ought not to be permitted to attach to and infect it The jurisdiction of this Com- mission has to be sought debars the Constitu- tion and against its express prohibition, it is therefore at least of doubtful validity. If that jurisdiction do not exist, if fhe doubt Se resolved against it by our judicial tribunals, when the law shall again speak—the form of trial by this Wnauthorized Commission cannot be pleaded in justification of the seizure of property or the arrest of the person—much less the Taniction of the death penalty, Im that event, however fully the recorded evidence may sustain your findings, however moderate may seem your sentences, however favorable to the accused your rulings on the evidence, your sentence. Will be held in law no better than the rulings of Judge Lynch’s courts in the administration of Lynch law. When the party now fn power falls, asia the vicissitudes of things it must ope day fall, and all the sooner for a reckless use of its present power, soit will be viewed by that party which succeeds it. This is to be expected, and indeed hoped; but if unfortu- nately this be then accepted and recorded as a precedent, we may have fastened on us a mili- tary despotism This assumption of jurisdiction, or this use of & legitimate jurisdiction, not ereated by law and not known to the law, or to legal men, has net for its sanction even the plea of necessity. It may be convenient— conviction may be easier and more certain in this Military Com- miesion than in our constitutional courts. In- experienced as most of you sre in jodicial investigations, you can admit evidence which the courts would reject, and reject what they would admit, and you may convict and sen- tence on evidence which those courts would hold to be wholly tasufficient. Means, too, may be resorted to by detectives, acting under promise or hope of reward, and operating on the fears or the cupidity of witnesses, to obtain and introduce evidence which would be easily detected and exposed in the free but guardéd course of in vestigation vefore our regular judi- cial tribunals. Because our Uhief, so venerated and beloved, has fallen by the hand of @ ruthless assassin (and noone venerated aud loved him more than the speaker) ft ought not to tcllow that the Constitution and law should be violated in punishing men suspected of having compassed bis death, or that men not found legally guilty should be sacrificed in vengeance as victims generally because of the crime. There may be a jurking feeling among men which tends to this harshness ot retribution, regardless of the innocence of the crime of those on whom vengeance may fall. Tending to this feeling— exciting or mimistering to it—was the maay day's testimony which, without other apparent point or purpose, detailed the horrors of the ibby Prison, and the further evidence that in |. 1561, one of his clients toox partin the rebellion and the further testimony (which we showed was utterly falbulous) that another of his clients in 1863 and 1564 entertained rebel officers and soldiers. and corresponded with rebels in Richmond. As if to say: “What matters it how we try, or whether we woes ey at all, provided we convict and execute men who Nave been associated with, or in symprthy with, monsters such as those, by whose or- ders thousands of our noble soldiers have beea starved todeath If it be determined to take jurisdiction here, itthen becomes a question vitally important to some of these parties—s question of life ana death—whether you will panish only offences created and declared by law, or whether you will make and declare the past acts of the ac- cused to be crimes, which acts the Isw never heretofore declared criminal; attach to them the penalty of death. or such penalty as may seem meet to yon—adapt the evidence to the erime and the crime to the évidence—and thus con- victand punish. This he greatly feared is the purpose, especially since the Judge Advocate shid in réply to his inquiries that he would expect.to convict ‘sander the common law of war * Thisis aterm unknown toour language, & quiddity wholly undefined and incapable of definition. It may create a fictitious crime, and attach to it arbitrary and extreme punish ,Meut, and who shall gainsay it? | Mr. Ewing proceeded to claim that on the part of one of biaclients—Dr. Mudd—no crime known to the law and Jor, which it is pre- tended to prosecute can possibly have / been committed. Neither the ctlarge nor the teetimony points to tre&:on, and the proceed- ads for that crime are ‘widely departed from. he prosecution is evidently institdted and” condnéted under the @iation of the Secrerary of War of rit 20th, 1865. This makes it a cfime phnishable with death to harbor or screen Boott, Atzerodt or Herold, or aid or assist: them: to) escape. It makes it a crime to do'a particuinan act, and pnntshes that jcrime with death, Perhaps this order tewpart ot what the Judge Aa te inéaus when he speake of the common léw of wat.- Tf he must take the order as law, we are safe still, if al- Jowed to construe itas law are constroed by :Courts of Justice. | Butbe would anor first, that Dr. Mudd is fot and cannot posed! be guilty of any couseanee tothe nw, “py ‘ot of treason-—the overt act ptemnie ialleged is the muraer of the President. The proot is conclusive that at the time the tragedy | was enacted, Dr..Madd was at Bis residence in the country, thirty miles from the piace of ithe crime. Those who committed it are shown to have ncted for themselves, NOt RS the instra- | ments of Dr. Madd. _ wherefore. cannot, be charged according to Iw an the evyi- dence with the commission of this overt act. There ure nottwo witnesses to prove that he’ Bic commitit, bet ebundaut evidence to show Degatively that be dio not. Ohief justice Marchall, in delivering an ys — rm a part, and who iracy are deciared to must be leagued with the conspir- Cr. 474 acy.”—( ‘Now. as to Dr. Muda, there is noparticle of evidence tending to show that he was ever leagued with traitors in their treason. had ever by himself or by adbermeg to end in connection with others levied war against the —that he United States. Ttis cont nded that he joined in com ‘ing the death of the President, (“the king's tn.') Foster, p 149, speaking of the treason of com- assing the king’s death, says:—‘From what as been said it followed that in every indict- ment for this species o* treason, and ind levyipg war and adhering to the kin; emies An Overt act must be alleged and proved.” (4. Cr. 490.) The only Overt act laid in these charges against Mudd is the act of assassination, ay which it is claimed he was constructively present and participating. His presence and articipation or procurement must b® proved by two witesses if the charge be treason, and such presence, participation or procurement be the overt act. Mr. Ewing here quoted Chief Justice Mar~ shall in Burr's case.—( Dall. 500.) «s The mind is pot to be led to the conclusion thatthe individa preeent by a train of conjectures or infe! orof reasoning. The fact itself mnst be proved by two witnesses, and must have been committed within the district.” But the law ts clear thatin cases of treason presence at the commission of the overt act is governed by the same principle or constractive presence in ordinary felonies, and bas no other latitude, greater or less, except that in proof of treason two witnesses are necessary to the overt act, and one only in marder and other felonies, A person is not constractively pres- ent at an overt act of treason ualess he aid ing and abetting at the fact, er ready to do so if pecessary.—(Whart Dig., 4 Cr. 192.) ltis therefore perfectly clear upon the law as enacted by the legislature and expounded by jurists, that Dr. Mudd is not guilty of par- ticipating in the murder of the President, that he was not actually or constructively present when the horrid deed was done, either a5 a traitor chargeable with it as anovert actora conspirator connected as a principal felon therewith. Admitting the Secretary’s proclamation te be law, 1t of course either supercedes or de- fines this unknown something or nothing, which the Judge Advocate calls “the common law of war,” and if so it is a definite existing thing, and it 1s easy to shew that Dr Mudd is not guilty of violating that proclamation He did not, after the date of the proclamation, see either of the parties named thereiu—dress the wound of Booth, or pointout the way to him—and the proclamation relates to future acts, not the past. But of the common Iaw of war as distinct from the usages of Courts Martial in carrying out and executing the articles of war he knows nothing, and on examining the booke finds nothing. All that is written down in books of law or authority he was, or ought to be pre- pared to meet, but it were idle and vain to Search for and combat a mere phantom of the imagination, without form and yoid. The evidence in the case of Dr. Mudd is yolumai- ous.» He would proceed now to present and discuss what is most important of it. After analysing the evidence, Mr. Ewing said in summing = that there was no such intimacy between Mudd and Booth as would warrant the belief that they would entrust to each other schemes of so perilous character as thie, and it was at variance with all our expe- rience of human nature that Booth should communicate the guilty secrets to & compara- tive stanger, who, so far as the evidence shows, he had no reason to suppose ‘would sympathize or co-operate with him They met for the first time in November las and then casually, in the presence of men of u- questionable loyalty, and ell their intercourse at this time was in the presence of ochers. They met again next morning without any preconcert, and its purpose was & common place every-day innocent business transac- tion—to purchase jand, and the actoal pur- chase of a horse by Booth from Mudd's neigb- bor. Booth left, and never met Mudd till after the assassination. On his second visit he was the guest of Dr. Queen, and he did not call upon or meet Mudd, and his oniy object, as far as can be judged, was the purchase of land and horses. Although evidence to Booth's contemplating purchasing land had beer ruled out, yet the fact was disclosed so a8 to leave no doubt that he was negotiating ‘with Dr. Mudd, Dr Bowman and probably others, in apparent good faith for this purpose. Mudd, when he rode with Booth to Garrer's, where he purchased the horse, was extending only & common civility, such as would have been extended to any intelligent, cultivated man as Booth was. hat was there in his in- tercourse with Booth on these two occasions to excite remark to him more than te Dr, Queen, or any other gentleman in the neighborhood ! Nothing. They might have talked of and Plotted assassimation, but did they! They mever met previous to the as. ‘sassination unless the testimony of Weichman is accepted as true, which the counsel submit- ted, is on this point unworthy of'credence He ‘swears that he met Booth and Mudd in Wash- ington in the middle of January, when it is roven that Dr. Mudd was not trom his home m December 23d to 23d of March but one night, when he attended a party in his own neighborhood. Weichmanna is mistaken in the man, a8 Norton was. His statement as to Dr. Mudd is disproved. The factsought to be proved by this witness is that Surratt, Mudd and Beoth met apparently for the first time in a room in Washington, and there plotted the on of the President, &c., in the presence of % man who one of the alleged conspifaters knew to be a Government vets ti be’ and hed reason to believe him to bea ditective. It is mon- strous to believe any stch thing occurred. The honses of Dr. Mudd and Sarratt were searched, the effects of Booth, Atzerodt, Ar- nold, Herold, Spangler and Mrs. Sarratt, that could be found, were seized, but not @ letter, note or memorandum has been found impli- cating Dr. Mudd. It must be remembered that anonymous letters have been picked up in railroad cars, found in pigeon boxes, at floteis, fescued from the waves, and that the continent has been traversed and the ocean vexed in dillgent search of proofs of the conspiracy, and there is not the remotest testimony except what has been considered ai<r landing to Dr. Mudd. {f the ruies of law were reversed ard he be required to prove his inno- cence, the counsel contended he bad carried his pointas nearly approximating demonstra- tion as is possible for circumstancial evi- dence to reach. It is possible he may have talked treason and plotted assassination with Booth and Surratt, but itis indefinitely re- moved from the probeble, and neither liberty nor life is to be forfeited upon either probabili- ties or possibilities. To recapitulate:—How stands the evidence against Mudd prior to the assassination. Twice only, ubless eichman’s testimony aginst the clear proof of an alibi, and then three times had they met They had but little con- versation, and so far as is known it was as in- nocent asthe prattie of children, aad not a word was breathed that can be tortured’into & criminality, not a word or act betokened secret ormalign purposes. Against how many scores of loyal persons in this community may strong- er evidence be adduced than avainst Madd , Mr. Ewing argued that it Mudd and Booth bag been confederated for the perpetration of this stupendons crime, that frequent meetings and congultations would have occurred. Yet they had no meetings, no communication, no concert. He dwelt upon the point that Mudd. obly three days before the assassination, was at Giesboro, where he quietly transacted his business and returned to his home, without even visiting Washington, thougk Booth was &t that time atthe National Hotel. Had they beex leagued together in such a conspiracy, Uhat-wae the time, of all others, when Mudd would desire to see and confer with him. Was fit possible that, if guilty, Mudd could 80 in- differently retura to bis home without visiting Booth, or even inqnteins, after bim, when events with which his own life were concerned Were so soon to transpire? Dr. Mudd cannot be convicted as a principal in the felony. He did not participate tn tne commission of the crime, and was more than thirty miles distant when it was committed. He cannot be convicted a3 an accessory be- tore the fact, for the evidence futls to show that he had any krowledg», intimation or sus. picion of an intention to commit tc, ' That he is not an accessory atter the fact the counsel proceeded to argue from the evidence ‘and from various anthorities cited, Know!l- edge of the guiltof the principal and aid and agsistance after acquiring that Rnowledge are both Beceatary. to charge one as accessory after the fact. Had Mudd been a guilty accomplice he would have been on the watch for the ar- rival of after the commission of tne ody deedy but he and all his family were in profound sleep when Hooth arrived. ( There is nots scintilia of proof tifat Mudd kne¥ or suspected bees crippled stranger ‘was <he assessin of the Presideat or that th> President had been assausia 5 Al: that canbe saia jut it is that he did note:ay Booth’s progress; did not arrest nim wheh be might: buve done so. But does tas make bim a crimin If this trtal is to be conducted and decides in Bubordination to well-established rules of law cefining and pantshing crime, it corsuot If in *atcOrdance with come edict in dufigace of Rod above the Conslitution and Jaws, it may This tribunal wilt Gecide which shal) prevail O7-From Bhiltington, Odeon Batiding, we har Whyands copy of Harper's Magazine canoe Bad aC itome for July. ae « IPI at Pe te | @-From J.C. Parker, 370 F street, we have tbe July number of Harper's Magazine.