Evening Star Newspaper, November 4, 1881, Page 1

a Soa THE EVENING STAR. PUBLISHED DAILY, Except Sunday, AT THE STAR BUILDINGS, Northwest Corner Pennsylvania Ave. and 11th 8t., by The Evening Star Newspaper Company, GEO. W. ADAMS, Pres't. ‘Tue Evextxe Star in Pa to subscribers in the ity by carriers, on their own account, at 10 centa per ‘Week, or 4 cents per month. Copies at the counter, 2 eenteeach. By mall —postace prepaid—50 cents a month, one year, $6 s. [Entered at the Post Office at Washington, D. C., as ‘second-class mai) matter.) ‘Tan—published on Friday—$2 a year, . Six months, $1. 10 copies for $5; 2) €2~ AN mail subscriptions must be paid in advance; Bo paper sent 'onger than is paid for. Kates of adverticing made known on application. Che Evening Star. Wall Sirect Te~day. RAILROAD BONDS GENERALLY RIGHER, New Yorx, November 4—The Post's fnanctal article, 1:40 p.m. edition, says: At the stock -S. bonds are ‘unchanged. Southerm ally higher, the Railroad bonds are gem Ichanges being an ade gTant Incomes. v & Ogdensburg There was then a decline of Rhas since been lost. As @ “s, but asa rule hmend & Dane ew Orleans 2Y, yet result we havy prices are \al per cent ville ts up 1%, and St Louls & Bloomington “€ Western, which vanced to 49, is down to 47%, and Reading is down V°= 58—N®: 8,919. WASHINGTON, D. C., FRIDAY, NOVEMBER 4, 1881. SPECIAL “The Wie Cas aaa Farr, D. D.. of Balti- eran address before the Brotherhood of ran adn Hrothethond ¢ a NOTICES. cS t atreet, between: DAY EVENINE neh of the 1. By order of committee. p.— THE STATED MEETING OF MBIA TYPOGRAPHICAL SOCIETY restitence of M. Caton, esq., on Sth, ythwest, on SATURDAY between EVENING NEX By order of the Fresident. n42t HR. W. CLAXTON, Secretary. Ce ACARD OF THANK S Thereby render sincere thanks for myself and family, to Mr. nderiaker, for his Williams 5. Bueh!y great Kindness in taking charve of the remains of my dear con, (.f whore th we were unforte Fant), for bis using every 1 ¥ 2 his Christion charity for burying him, at his own ex- pense, at the Congressional cenwtery. H. PRINZHORN. mn were reiuterred at The remains of Geor Rock Creek cemetery, vem ie THE CO-PARINIRSHIP HERETOFOR existing under the naine and firm of LOWE “& HENNIN al Estate Agents and Auctioneers, is this day, by mutual consent, a i. ‘Mr. JESSIE W. interests of W. H. & HENNI NING, i branches will fe cond and firm of LOWE & JAC CS MASHING TON D.C. THOS. J. MORLISONs firm name of WE! of LOWE e under the name 500 ast Capitol strert. . B. WEED all debits due. and will pay all Habilities. = WASHIN C.,. TOD The Oe Sy be ROBERT MeLEUD is hereby diseoly con: sent. Bills avainst the aE NS & MeL D will be presented to REES EVANS, who will continue the business of Stone and Marble Cutting at Ist and B — southwest, RE. EVANS. OD. (oe ON AND AFTER TO-MORROW, NOVEMBER = Ast, 1851, our bran rd, corner 2d street and Indiana avenue, will be discontinued, and our only Yard and office will be at our mill, CE gee oe a street, where we will be pleased to receive all Telephonie connections. s BOOTH, WEMPLE & SMITH. t THE STOCKHOLDERS OF THE COLUM- BP” piah DANK NOTE COMPANY ane hareigane fified that a meeting will be held at the Office of said Company, in Washington, on THURSDAY, November 27, 1881, at 12 o'clock noob, for the purpose’ of electing for the ensuing year. WALTER 8. COX, President. 3. D. MARTIN, Secretary. % Men EUREKA SPRINGS WATER (from Arkansas), Summit, Deen Hock, Geyser (Garstoga), “Be- Shonda, Blue Lick, Bedford. ‘Galurian, Michiean, Con- gress Water, and 0 ral Waters, freably recei' and for sale ov draught at MILBURN’S PHARMACY, mS 1429 Pennsylvania avenue. (er G45 Fixtures. 3 jest ¥. BROOKS, with Mitchel, Vance & Co.’ inarter of a century practicab experience. 1 can competition and sell at LOWEST RATES. Im- ense Stock. Fine selection. Retort Gas Stoves, re- duced E. F. BROOKS, 531 15th street. mt ATTORNEYS. JPENRY WISE GARNETT, ‘2. Col iad Lae Budi BA het. D and E, (0. 2. Cobum! o e sep6-6m, 1p Wasnixatox, D.C. Qj. JANNUS, ATTORNEY-AT-LAW, ROOM 31, LE ¢ Droit Building, corner 8th and F streets north- ‘West. Solicitor and Associate in Patent Cases. O24-4w* 5. x ° removed his office to Building, Louisiana aveute, -at-Law, ms 6 abd near City Hi Gunton Law 4y25-6m J OFX MORAN, 2196 PexxsYLVANts AVENTE awn 428 97TH NORTHWEST, hason hand large assortment of the best makes of LATROBES, Cox, Whiteman & Cox's Celebrated Splen- @id and Rugby and other RANGES and HEATING STOVES, Novelty FURNACES, &e. PLUMBING, TIN-ROOFING, JOBBING, STOVE REPAIRS, &c. Prices and terms reasonable. ANo. 7 RANGE, with all the fixtures, $14. §W-Connected to Telephone Exchange. _ 06-1m,1p y4* wep & HUTCHINSON, 317 NINTH STREET AVE AN ENTENSIVE STOCK OF GOODS IN ALL THEIR LINES. FURNACES, RANGES, LATROBE STOVES, SLATE MANTELS, GRATES, &c. SANITARY INSPECTION AND THE REMODEL- ING AND MODERNIZING OF DEFECTIVE PLUMB: SPECIAL FEATULE OF OUR BUSINESS. S27 We give Favorable Estimates for New Construc- tions in all our branches. st Re JEWELRY. Special aitention is invited to our large and varied as- | 6.895; widows of the war of 1812, 26,029; aes sortment of GOLD, SILVER AND ONYX JEWELRY, embracing all the latest styles for both Ladies and Gen- emen’s wear. Our JEWELRY is of Standard Quality and is sold at ‘Very close prices. M. W. GALT. BRO. & CO., 1107 PENNSYLVANIA AVENUE. ABEK TEA, A POSITIVE CURE MALARIA, CHILES AND FEVER. eteg won sae A. M. KLOCZEWSEI'S PHARMACY, 423 9th a B ROBINSON & CO., le nl BOYS' CLOTHING HOUSE, 13 s™ NMETZ, 1237 PENNSYLVANIA AVENUE. OPENING OF LADIES’ FURS. SEAL DOLMANS AND SACQUES. Fur-lined Garments of the Latest Patterns. __ Great Variety of FUR TRIMMING. 909 PENNSYLVANIA AVENUE. Indians are not as 029 | Some one to buy hi Pp HANSON HISS & CO. ° —NEW DESIGNS ‘MIRRORS ........ WAINSCOTING. Washington News and Gossip. GOVERNMENT RecEIPTs To-paY.—Internal reve- nue, $606,537.72; custor 4511.28, SECRETARY Batne, Mrs. Blaine and Miss Sher- man left for New York to-day on the lmited ‘| express train. Wit Nor Exrme 1n Tex Days.—The published statement that the appointment of Assistant Attorney General McCammon as auditor of rail- road a ts will expire in ten days is erroneous. -Cammon will continue to act until his suc or iS appointed and confirmed by the Senate. The ten days’ tenure applies to appointments made while the Senate is in session, and not during a Tecess of Congress. Tue TaLLaroosa leit Portsmouth, Va., yesterday afternoon for the north. Marive Corrs OnvEns.—Capt. E. P. Meeker, to the Brooklyn, and as marine officer of the South Atlantic station, relieving Capt. L. E. Fagan, who Will hold himself in readiness to relieve Capt. Meeker in April next. Navat OnpERS.—Lieut. Commander G. E. Ide,to temporary duty at the New York navy yard. Passed Assistant Surgeon J. R. Waggener, to tem- Ve duty on board the fron-clads at City Poin! Pay Inspector Richard Washington, 2s ¥ agent at Washington, D.C., on the 15th ins Pp Nene in all. ite | Felleving Pay Inspector J. A. Smith, who is ordered to settle accounts. Passed “Assistant Engineer J. P. Kelly, to duty in connection with engineers’ stores at the New York navy yard, in addition to his present duties. Passed Assistant Engineer N. P. Towns, to the New York navy yard. ed Assistant Engineer H. S. Ross, from the Brooklyn and placed on waiting orders. A New Mops of DEFACING StLveR Corns has come to light. It fs not for gain, but for advertis- ing purposes. Quack doctors, patent medicine men and the whole of that mob are utilizing the silver coinage of the country to bring to the atten- tion of the public their wares and alleged cures, Within the past two mopths a large number of silver coins have been put in circulation for such advertising purposes. One side of the coin ts just as It comes out of the mint, The other side has stamped upon it in letters of black the_advertise- ment that Is desired to be circulated. ‘There 1s no difficulty in passing these coins, 2s the person who has them passed upon him can ‘in turn readily get rid of them by placing them in payment with the unmnutilated side uppermost on the counter. The stamping of these advertisements differs trom the other methods of mutilation, In that It does not take out any of the bullion.’ It1s simply the de- velopment of a new scheme for reaching the pub- He eye. AN manner of advertisements are now being stamped upon silver coins. The novelty of the thing naturally attracts attention. It 1s « question whether the men who advertise in this way are not amenable to law. P. O. D. Nores.—First Assistant Postmaster Gen- eral Hatton will return to the city and assume charge of his office next Monday.— Assistant At- torney General Freeman, of the Post Office de- partment, has returned from New York.—Third Assistant Postmaster General Hazen leaves for his home in Pennsylvania on Monday next to vote. —Commissions were to-day sent to the following [Settee Mary C. Chambers, Point of Rocks, rederick county, Md.; Virginia A. Goode, Skin- quarter, Chesterticid county, Va. News FROM THE ASIATIC SQUADRON.—Rear Ad- miral Clitz reports to the Navy department, under date of September 27th, from Yokohama, that there have been no changes in the distribution of the vessels of the Asiatic squadron except that the Swatara had been ordered on September 19th to — to Yokohama, touching at Nagasaki. Upon he receipt of the news of the death of President Garfield the proper ceremonies were ordered for We, station. foretgn rae ae in port, bjoined w he flagship, the Monocacy, ay ute fo the d P> y in paying tri Way & VInGIstA PostMasTeR WAS REMovED.— Charles Whittington, postmaster at Paddy's Mills, in Shenandoah county, Va.,has been caught by Mr. Smalls, of the inspection division of the Post Ofice department, in rendering false and fraudu- Ient returns as to the cancellation of postage stamps, He had realized over $400 from his method Gt wandling the stamps. Mr. Smalls required the dishonest postmaster to refund the money he had illegally obtained and had him removed, turning over the office to his sureties. He shipped post stamps to Baltimore and sold them and made affi- davit that all the stamps he got from the depart- ment were used at his own office. ‘The department ig prosecuting numbers of cases of this character all over the country, having determined to break up this trafic in stamps, INGERSOLL Upon THE New MEXICANS.—Col. “Bob” Ingersoll in speaking of New Mexico, to which he and his wife lately made a hurried visit, says, “there are not as many savages there as here; the as you think, they have not been Christianized yet. People are not as much afraid there as here; they are not afraid there of being put in the penitentiary.” PRESIDENT ARTHUR'S RooM AT THE WHITE Hovse.—The room to be occupied as his private apartment by President Arthur is to be entirely renovated and refurnished before he takes posses- sion. The workmen Will go into it next Monday. ‘The walls now rpepcred ‘with blue and gold are to be scraped and new paper put thereon. ‘The stationary Washstand fn it, from which the water Was cut off two years ago, ‘and the pipes of which were soldered up, 1s to have water intro- duced into it again. A bath room and washstand will be made ready for President Arthur in a com- IN CITY RESTDENCES 18 MADE THE | municating room, the door of which can be closed so securely as to prevent all danger of infecting his sleeping room With sewer gas. ‘THE ANNUAL REPORT OF THE PENSION BUREAU has been submitted by Commissioner Dudley to the Secretary of the Interior, recapitulating the operations of the last fiscal year. It shows that on the 80th of June, 1881, Uler were 268,830 pen- stoners, classified as follows: Army invalids, 153,025; army widows, minor children and depen- dent relatives, 76,683; navy invalids, 2,187: navy wilows, etc., 2.008; survivers of the war of 1812, é pen- sioners were added to the roll durin; e year, and the names of 10,712 were dropped, leaving 4 Ret increase of 18,028. At the close of the year the annual pensions a’ $107, and the aggre- te annual value of all pensions was $28,769,967. e annual disbursements of the office, however, largely exceed this sum. For instance, the total amount paid for pensions during the year (exclu- sive of certain arrears on claims allowed prior to January 5th, 1879) was $49,723,147, the difference being accounted for by arrears of ions or Post eee The forge pal jeans e year as “ payments” to new ners ‘Was $23,628.17. A Srory or A Minz.—The mention in Tae STaR of Wednesday that the Mexicans had taken pos- session of the San Feliato mine and driven the American company, which was Working it, away, recalls to a writer for THE Srax the ro- mnantic story told her by a prominent New York physician tn September. le said that twenty years 20 he was in Chicago, and was called to attend the death-bed of an old Mexican. The doctor remained faithfully at his side until he drew his last breath, and just before he died the old man said: “Doctor, may God reward you for JOUT Kindness to me, I Have no money to give you, t I can tell you a secret known to ime only, which may some time prove valuable to Te In a faint Voice he then of how he had be- come of the knowledge of the exact locality of one of the lost mines in Mexico, which had not been worked for more than a century, and he gave the physician the maps showing the situa on, which id been carrying about with him, being too poor himself to use knowledge tor his own advantage, but always hoping to find valuable secret. 1 physi an thought little of the matter at the time, or until many years atterwanis. Within a year he has been there with a partner and bought the land Where his maps said the mine would be found Tae ne eee wae be,,Wanted that tract, found, has been successtully worked and has proved one of the richest mines ih Mexico. Psrsoxat.—Justice Field will safl from Europe for New York on November 19th, and confidently expects to be in Washington by December 1st _ Tent wien of the speak occupy the resi J on H strect, between ISth street sed pense Square, which he has leased.——Mr. Brown, one of our old and greatly respected ze ss iyi Yery iil at his gresidence, corner of 16th and I strecta Sena mn York at the same hotel with ere ina sald to be still unwell his malarial attack. Har Sackville-West, the new British Minister, arrived Sows abr TILES FoR Frertaces, Heanras, | 4) niladelphia to-day by the steamer'In ve ‘Tae CRUE OF THE CUTTER RUSE.—The Treas ‘ury department is informed that the revenue cut- ter Rush, which left San. cruise the Clates in these cases, is briefly thi: desire, under ordinary cit outside of the general pi have to chai grand jury. except what we can show to your honor sitting in your place good cause for ‘doing. ‘under ordinary circumstances, without good cause Prominent candidates for dent Arthur, 18 , though he is recovert —The Hon. Lionel diana, lade} ‘inch ma aes THE STAR ROUTE - CASES. ARGUMENT CONTINUED TO-DAY. MR. BLISS FOR THE GOVERNMENT. age, At an early hour this: morning the Criminal Court room was crowded with spectators anx- fousty waiting the developments of the day. The tables of counsel were filled with law books con- taining the authorities sustaining the position occupied by the government. At ten o'clock Messrs. Brewster, Bliss and Cook, of counsel for the government, were early in thelr places, and shortly afterwards Messrs. Totten, Ingersoll, Shel- labarger and Wilson came into court. It being Mr. Bliss’ turn to argv on behalf of the government, he said: “May It please your honor, it has been assigned to me on behalf of the government to present to the court such reasons as led the counsel on be- half of the government to take what we admit to be a somewhat unusual proceeding of filing or seeking to file this tnformation. $ was stated to your honor at the time we made the applica- tion for that permission, we were placed in this condition: The grand jury had been adjourned until the 38d of October, and What we regarded as some of the most Important and effective overt acts in pursuance of this con- spiracy had taken place on the Ast. of October, 1878; and it was open to the claim, therefore, that under the three years statute of Mmitations, unless pro- ceedines were commence tncourt before the 1st of October, 1881, they would be barred under the Statute. Under those circumstances it was not open to us to consider whether we preferred to go | before the grand jury or whether we preferred to seek to file an information. We were placed in condition that if we did not fle an information, or seek to file one, we felt that we should not have done our duty to the government. We therefore adopted that course; your honor sanctioned our filing the information subject to a motion on the part of the defence; and I think, therefore, we may claim to be here without being exposed to these denunciations, which we heard y; of having made an attack upon the people, and of haying undertaken to violate their dearest rights, Mr. Brady having substituted hia self in the place of the people. The position of myself, and I think of my asso- We have no ‘umstances, to proceed tice in criminal cases. We have no desire to avoid the grand jury. But I think we might just as weil charge that the other Side are seeking to avoid the petit say, is they e that we are trying to avoid the vechave no desire to do anything I agree that shown, the proper and expedient way 1s to proceed before the grand jury. He then took up the line of his argument, tend- ing to show that the chief ground, and the one to to be first considered here, as it goes to the basis of the whole proceeding, 1s apparently criminal information canbe constitut in this country, but that an indictment isneces- sary. Havin the Constitution, he sald that as that, amendment specifies certain erimes which can only be prose- cuted “on a presentment or indictment of a grand jury,” It necess: which may be prosecuted in some other way, and it will not be pretended that there is any other way except by Information. to proceed by information in crimtnal cases has been repeatedly recognized by Congress, by authorizing ‘that_no mally filed Tread from the fifth amendment to ily implies that there are crimes He said that the right criminal" proceedings “by “in. formation or indictment,” and he — read from section 8 of the act. of April 30, 1790, (c 2.1 stat at large 19) He sald that that it ute was reenacted in the Revised Statutes ia L sections 1,043 and 1.044, which sections he read. He sald that “the right to file informations in some criminal cases being clear, both under the statutes of the United States and ‘under the deci- sions of the courts, the question remains whether the crime charged in this information is one com- ing within the class in which informations are allowable.” He said “the only possible limitation to the right to file an information is found in the “fifth amendment to the Constitution already quoted. That amendment prevents the filling of an information ‘for a capital or otherwise in- famous crime.” He sald that “the offence charged in this information being clearly not capital, it only remains to ascertain whether it 1s infamous;” and that “in examining this question, we must ascertain what crimes were infamous at the time of the adoption of the Constitution.” He thought that In order to asvertain what crimes are in- famous, “we are compelled to go back largely to the old Engiish authoriti in some cases. to the folfos, for by the amendment of the law of evidence the distinction has ceased to be a_practi- cal one in the law of England, {f not {n all of our states. nature of the crime itsell this test, what crimes are Infamous? ’ In the gen- eral lancuage of the text books the definition of crimes which are infamous fs trea: those erimes which are included under the desig- nation man text books We find that as a general thing they say “treason and felony, and every crimen falst, as He said that the test of “infamy ts in the He asked, “judged by n, felony and of law.” ecrimen — falsi in the Sald he,, “looking at Ro- the erjury, forgery and the like. It was his opinion hat if we except forgery, all of the-text writers in their enumeration refer’ only to erimes which di- reetly concern the administration of public jus. tice, a fact which leads Greenleaf on Evidence to say that “from. these decisions it may be deduced that the crimen saisi of the civil law not only in- yolves the charge of falsehood, but also 1s one which may injuriously affect the administration of Justice by the introduction of falsehood and fraud.” He said that there is “‘no decision that a conspir- acy to defraud, or any conspiracy which does not concern the administration of justice, is an infa- mous crime.” Said he: “This question came up most distinctly in the case of the Ville de Varsovie. 2 Dodson, 174, where, though it was in an admiralty court, Sir William Scott (Lord Stowell) said he must decide it on the principles of law. He held that there was no case in which a conviction for conspiracy had been held to make a man infamous unless it Was a conspiracy to do something which directly affected the administration of justice, and that he would not go beyond the existing decisions.” He said that the case before Sir William Scott was one where Lord Cochrane, who was offered asa witness, had been convicted of a conspiracy to de- ress the public funds by the circulation of un- founded reports, He said, “in Bashel va. Barrett, 2 Ry. & Moody, 434, a conviction of conspiraey to bribe a witness to stay away, was held to render a ‘witness incompetent. ‘The essence of the offence of which the witness is convicted in the attempt to prevent the course of justice.” He said that criminal coop. were gone into with a thor- oughness and detail of historic accuracy such ag has rarely been bestowed upon any such of the law, and certainly never upon any question like thia. Mr. Wright bas gone back to the original manuscript authorities in England from the 13th century down, and examined the whole, and he sums it up in this way: “There ap) to be no evidence that during the first ol ese periods (from 1200 to 1602) any other crime of con- spiracy or combination was known to the com- mon law than that which was authoritatively and ee sid bdetid ra soadate te oe conspirat wi mn federacy ‘or alliance for the false and malicious romotion of indictments and pleas, or for em- Eracery or maintenance of various’ kinds,” &c. He said: I wish to call your honor’s attention to aconsideration which applies not only here but which applies to a large portion of the a nt which was made theoiiei fs or Father to 0 number of positions taken by the argument made yesterday; and that ts, that your honor should even if your honor should not be clear that the crime of conspiracy not ase bee oe it you should regard it asa double qu ¥ motion somewhat formal in itself, certainly with- out the strictness of criminal pleading under other circumstances, decide tha’ ion ad- versely to the government, but should allow the case to proceed; no more than your honor should decide adversely to the government the novel uestion which the gentleman raised yesterday, it a conspiracy to defraud must be a conspiFac; or acrime which, committed by one man wor have been a statutory crime against the United States, That is admitiedly a new point, and I ap- government stood in a different rela €cutor than a private person going before the grand jury. ‘The government and the government alone was affected if this information was well founded in fact. he. of New York, it had become 'n practice of the Dis- trict Attorney to file an information without even an oath. to raise the question th: vious notice of the intention to the counsel ‘Totten having answered this in the nes Bliss did not go further Into the question. extraordinary position, he gatd, was taken Mr. Brady having had some discretion to exer and having exervised it corruptly, that he could hot, a8 an executive oMeer, be by indfetinent, much less by Information, and, a3 he could not be proceeded inform: himself, ordinary to him that these we are hot Itable to a grand liable only to tmpeachment, and being ont of offic now iin officer 0 e most corrupt pructices, only resign. ite referred to the Belk the impea case, he sald it was not allege meni ever went into his pocket. - Still counsel came here and laughed because they did not allege in the In- formation that any of the money went into Gen. Brady's pocket, He satd that people had more re- spect for a writer when he put his writings in calf- bound volumes than when he newspaper; but he expressed fuitl in newsp. exer They Brady’s case that protects a the ermine. He made here a severe arraigninent of Gen. Brady, who, he said, discretion by the government, did not exe: discretion for the good people of the government, but was using it for the good of a few, by squ ing this man out and putting that ian in, and squeezing this contrac bution. finish this case that members of Con; of the principle which rea pt such prosecution or exem} crime of conspiracy, he held that the tion chai He asked that a conspiracy against them was a erime, with- out going to the common law to de! spiracy Was. He dwelt at consi the laws touching upon conspiracy, citing many authorities. States 1s defrauded, the the design or conspiracy to perpetrate the fraud he held are Mable under the conspiracy act. ‘They were told that the section of statutes providing punishment for crimes stich as arepe: section referred to had been repealed since the alleged offences were committe or have had any doubt {m mymind as to what your honor’s judgment will be, ut for the purpose of suggesting to you the views which we entertain as to What course should bepursued. Having taken up his line of argument, he said that he would now consider the question as to the Fight of the prosecution to file an information, and whether the proper procedure has been pursued and whether the present information 1s correct in form. He Said that, “as to pro- edure, it has already been stated that at com- mon liw there were two kinds of Inform:tions, one filed by the Attorney General of his own mo- tion as an ex-officio information, and one filed by the crown prosecutor in’ the __ relation of some _ person —_ affected by _ the alleged crime, a criminal — informa‘’»n.”” While treating of this subjec was interrupted by Mr. Wiison, who thought’ the position of the defense was inisunderstood. Mr. Wilson said: —I desire to correct my friend on the other side. My point is this, (and I thought I stated it yesterday so thatthe court fully understood it)” that the class of cases of which the gentleman {s now speaking, tnforma- tions filed by the Attorney General, upc his own motion, or his own discretion, or his own respon- sibliity, I sald that that could not be done in thts | try, because the Constitution says that no man can be arrested except upon an affirmation showing probable cause; and t excludes that form of proceeding which pre' at the common law. : do not see that that makes any difference upon that subject. He assum: that the only ret of information viich can be fled here ts not the sight which the Attorney General had, to file a ex-officio information for a misdemeanor, but an Information to be tiled on the information of some- body else, who deems himself aff~-ted by it, Ido not care to argue upon that question as to which Kind of information thet 1s done under this gov- ernment. Tapprehend your honor will have no difficulty in arriving at the conclusion that ina proceeding like this, where there comes here an officer of the government, acting on behalf of the government; representing directly and specially ttorney General, and where the offense is an gainst the government; where there can ivate prosecutor, ho informer, no one by: whom It could be done; where it is in that way, fram the very nature of the case, ft cortésponds to the information which the Attorney neral files, has a right to file, and the only Umi- ation which fs placed upon that power 18 tie Hation which necessarily end inferentially arises in the fourth amendment to the Constitntion tn reference to an oath, ‘There is no other limitation placed upon the Attorney General to file an in- formation than what artses from the two clauses in the Constitution: one that it cannot be done for a capital or tnfamous crime; the other that no per- son shall be held to answer, except upon a motion to show probable cause.’The rule 1s that the Attorney General can file an information at the king’s suit, but under the Constitution of the United States he: cannot. file it for an Infamous offense. ‘The English Attorney General couid file It for erimes wich we could not, probably, but certatnly could file it withaut oath, which we can do. A recess was here taken. THE AFT=RNOON SESSION. When the court reassembled at quarter to one o'clock the proceedings in the star route cases were temporarily suspended for the purpose af reertving the report of tie grand jury. ‘This formality over Mr. Bliss resumed his argument, He quoted a length to how that an oficer representing the ion as a pros- He could say that, in point of fact, found that in the southern district He did not know whether it was intended tthe defence had no pre= Mr. tive, Mr. The proceeded against against ’the including others, as well as vold. Tt seemed wonderful and extri ntlemen should say jury inquest, we are 10D, rachment amounts to nothing. Au the government gould then, after th P case us to the Impracticability of hment plan. Referring to the Tweed i in the indict- him that any of the money against ut them into a in the write pers—“that is," he sald, “all newspaper t two or three in the District of Columbia.” ask the court to atlopt that principle in because he wears being entrusted with ise tha r or that to pay a contri- he urged, before the defence ¥ will seek'to avail themseives laid down yesterda: too, are exempt fro Poriaps, Quoting from section 5,440 in reference 2 the fori ed such crine in legal and proper form if the United States could not i enter into Pp By any mode in which the United parties whic the revised were alleged against the defendant, had been re- pealed, and therefore these persons, if guilty, are to escape punishment, as such repeal operated as of the entire law, notwithstanding the He argued at length to show that the principle was established in law that such changes in statutory acts were considered to be still in force re: committed prior to the rep-al. He cited two anal- ogous cases where indictments made subsequent ‘ting offencé to the repeal of the sections on which they were based, for offences committed prior to the repeal, were sustained In accordance With the saving prc. visions of section 13, of the Revised Statutes. The argument of Mr. Wilson directed against the form of the information was in the nature of a demurrer. The defence were at liberty to chal- lenge their right to file such information, but he claimed that other grounds had been entered upon which did not rightly come up here. No attack, he said, had been made on the first count of the information, except the allegation that a con- lage to defraud must be a conspiracy to exist- ime. ir. Wilson here interrupted the speaker and re- ferred Mr. Bliss to a newspaper report of the pro- ceedings ‘In the court yesterday, to show that the first count had been attacked on other grounds. ‘The part to which Mr, Wilson referred was that in which he alleged that what was alleged to have been done had not been constituted a crime by the statutes, Mr, Wilson called attention, further along in his remarks, to thepoint where he said that it was not enough tomerely allege that the ra eto ad intend Ss Pieri to apply to all of them and to attack ‘Mr. Bliss sald he did_notprefer to follow the de- fence in their criticisms ‘the second and third counts of the information, leaving that for others; simply saying thatit tn pustatued one of the counts it Would be suMictent “for the pu! the prosecution. ‘The first count of the't stocks waich have shown the TWO CENTS. . preferred, the trunk Ine stocks and the Mall was very Weak elevated railroad stocks. P u the morning, fs 45, and again de fell lo SY Trom #2 n. Wall street t the immediate futui tt at all. How much did tt prove against his client? What was charged against his client? ‘This information appears to have been present- ¢d in this court not by the Attorney Genet he would say here the Attorney Genet in this court. ‘The government was rep- here by the District Attorner. formation was filed by the District Attorney in partnership with certain other and he doubted whether the District Attorney had any right to divide iis responsivitities. read from the first count of the Information the ing that, Brady, Turner, French, Mc uptly conspired ring unneces- Telegrams to The Star. INDIANS ON THE WAR-PATH. —— ee MINISTER WELCOMED, ‘overed only a frace ¥ much contused as to for ‘call loans n United States be y stocks, the rates NEW BRITL te FS. Treasury w THE CASE OF LIE and others co1 to defraud the government. by pi Siry compensation and to be mails on a certain route, &¢ the word unre the Post Office department to say whi sury. It was not is firm, because Of an be bY Merchandise 1 the produce will seon in- UT. FLIPPER. nd for remitta = declining tendenc Jexchange markets, if It continu! crease the supply of commercial bULs frv important Increase of this kind | would saake the foreign exchange market de- eldedly weak. More Charges Against Licutenan, ‘The New British Minister, HE IS CORDIALLY WELCOMED TO AMERICA. sourer, and. an: show why It was and guests boarded her, CALLED UPON TO DECIDE. ber 4.—A News, proceeding to are original charges, utvocate stated that ft would hot be proper to present additional changes which Tred against the THE QUESTION HR 1 the mails to some village in the Sterras, sinply ., because there were net letters enon held in the cabin by Mr, West. tary of the committee, read the ukiress from the Mayor, the latter also his inability to be presen! OF THE MAYOR OF THE CIty OF Pminapeiesiis. Noveraber 2, 1881, “To Hon, Liemel s A reception w: nt Flipper on. th yesterday tne Junge sth measuring wi at w. Mr. Ingersoll not having closed agreed voluntart!: combined and trie inal court as now the (Wo: sets mig’ at the same time Captain Barber, want, asked if the judge at Une court as stituted shoukt try both ct "1 tried on the eh: oy Extraontinary e. ‘The District A REPORTED Comty It Is learned, from good suthority, that President seriously considering the que: perceding District Attorney Corkhill, sure having been brought to in: which, itis well known, At has, for some time, favor mate friend of the late President Garfield that he stied that the public good de- is the duty and of the United St ng pres- | Ante | rately, to whic | ta make any su: r, Wut at this tims se detalied tor the 1, So far as he was otimned until to-day accused to determine the course be A great blow has recently befallen us. The manded a chan consigned our beloved shot he had formally de n the remove of nt events, however, post Poned any action upon the matter until q ———___+2-______ The Ninth Massachusctts Boys. TRE STORIES TO THEIR DISCREDIT—THEIR BEHAVIOR IN WASHINGTON ALL RIGHT. Ss made by Richmond newspapers and ing upon the conduct of the $th Mas- sachusctts reghnent, during the recent trip of that organization to Yorktown and Richmond, are now being investigated by a committee representing the military authorities of the Bay state. When the reghnent passed through this city their way home, the officers and many of the men were interviewed by Stak reporters, and made broad and general denials of the charges. Amon} soldiers several were found Which are gene- rns that the sufferer h 2 ifs ‘This was the on}3 they brought with them > The trish Bent Resisters, HOPES OF FAVOKARLE KESULTS FROM THE LAND ACT, Lonpox, November 4.—T dent of the Daily News at Armagh, discussing the | subject of the fears entertained in’ some quarters in regard to a block in the working of the land act, SAYS IC IS obviously UUme of the assassination to h your people and your Queen have shown the nd grief, and thus contributed to two “nations closer v lamented death, Dublin correspons vent to her in the | decent proportion of themever jelphia, T most contially mens have cern, You thé hospital nthe name of the city 3 | given and as soon as the ten begins to be grasped by landio |) atntcable arranges Whelming proportio > The Troubicsome tndians i and tenant “an ent Will take place in ap overs | And integrity, Ta “Tam your obedient serv: SAMUEL G. Kine, come you w the city. of Philadeiphia.” Another address was read by J. Price Wethe- he trade orgaalz: Mr. West replied in a few weli-chosen in which the hope was expressed that Sent good feeling between the United St and Great Britain heretofore pre sured his listeners that he would do all nd. This concluded HOSTILITIES WHICH MAY LAST FOR YRARS. nil, on bebalt TOMBSTONE, ARIZONA, jovember 4.—Adwoes ora Sty Maat ‘the hostiles who recently, San Carlos were camped at Cascade be | Sallis Wo the number of 20 warriors with thelr families. They were trying to make peace with the Mexican authorities there. near them with arrival of Col. the several hundre suffering with Gen. Terrazos Was 400 troops. He was awalting the Nanez with 165 more troops from Batrope, It is believed here, for the purpose of al- | tucking” the Indians before th mountains. The authorities, as a blind, were | holding out inducements tw the Indlans until the troops were ready 10 attack then it Jull’s band of 88) Indlans und and are making a campaign into Sonora. $ also reported that ti the Quaynaha moun evidence } innis p hower to promote ti of any wntisual pro- Lite A general introdu present were the following rominent in shi Philip Fitzpatri merely presumptive. afiecting their could be sustained. They kept id their bills, and in every { comported themselves as gentlemen, Col. Web- | x. ste al of the District mi that no unfavorable criticism could be ji avior While here. He pratses asa military body charge has been pping and business ick, Col. J. N. Mac- the St. George's soclety; Capt. Wm. Arthur, R) retary of the legation at Wash- ; dent Commercial EX- Hon. Charles 0 itish consul; James A. Wright enator Horatio Gates Jones. ‘The Indiana arrived at her dock at 11 a.m., and fifteen minutes luter the party took carriages and to the Continental Hotel, where Iuneh will peaten. This afternoon ttis'Intended to escort Mr. West to various places of Interest taroug! program has not yet be ck to-night he | cireles here: { Comb; Win. Wateral Wa. Brockie, John perfect order, pa It ts reported ave loft the main: viy Hon. Wm. D. wetty passed upon their bel and disciplin he regiment is compos he says, some of whom iz be alittle wild. Thi ndians had all left for Sand If this ts true it is Said the Indians cannot be subdued for years to young Irisime The Christiancy Diverce Case. TIFIRS MES. CHKISTIANCY. pl for the defendant in the stiancy divorce, having stipulated with the plaintiff's counsel not to further object vw the | hackman, Dennis Bland, identify Mrs. Christiancy as the lady in bis hack er 3, 1879, the hearing was resumed at the office of Messrs. Cuppy and Ingersol present and identified Mrs. Christian: Ulation fs that the defence 1s to have opportuni to rebut Bland. aes iam Institution for the Deaf and Dumb, ANNUAL REPORT—INTEKESTING FACTS AND FIGURES, ‘The report of the board of managers of the Co- lumbian Institution for the Deaf and Dumb was Tecelved by the Secretary of the Interior to-day, On the Ist of July, 1890, there were 59 puplis ro maining in the institution. There have been since admitted 55, makii K well of their | vey’s restaurant, were quartered, have —+$-—______ ANNUAL REPORT OF THE TaiRD AUDITOR.—Third | las submitted his annual report | Hegives tabular THE HACKMAN 1D) 1 proprietors of Harv To-day the coun iy arranged, and at 60 be the recipient s Hall AC 1 o'clock he was received at the ma oMive, that official de no fault whats iy an opportunity to Auditor Keightl to the Secretary statements of the operations of his office. hat the necessity for a statute of limitations claims against the y be presented to the ex nes More aud more apparent . In many cases it 1s now practically itnpossible to determine the merits of growing out of the operations of the army duri = late rebellion, or In other wars of still earl date. Most of ule old claims pressed upon this ofice are of this class. Throuxh the lapse of time the ascertalnment of the truth grows difticul the temptation to present fraudulent claims ‘The consolidation of agenci age of varlous acts including arrears, f the Treasury. MANCHESTER MAI INDON, November 4.—The Manchester Guardian in its commercial article this morning market is quiet, with small business whi easter to deal with. ionally effected, espec ort. yarns, chiefly ‘The cloth market ts stea THE LEFROY-GOLD MURDER TRIAL Marmsroxe, November 4.—The trial of Arthur froy, for the murder of F. J. Gold on the Brighton railway express train, in June, has com- pears Spe ogden flenry James, is opening ‘ase on behalf of the crown. The prisoner pleaded not guilty. Lord Chief Justice Coleridge presides. The court room is densely crowded. eis Sees jagston Murder, A MAN 84YS HE IS THE ASSASSIN—HIS STORY NOT time within white departments, bec Considerable and the Levant. ‘The prisoner ap) ‘The Attorney nting increase of pen- é caused the accumu- lation of work now on hand, and if the work in- ithas in the past the present ong the casualties rey 4s that of John W. Brown, of Franklin, Ind., who Was killed in November last by the falling of a heavy timber used to support a revolvi also, the drowning of Oscar Osborn on September Last while in the swit The deaths of the following | vation are announced: Hon. He | George W. Riggs, President James A. force will be insumt ReveMerion OF 3: PER CENTS IN NovEMTER.— Acting Secretary of the Treasury French this afternoon issued the following circular: Notice is hereby given that on Wednesday next, and on h Weduestay thereafter through the present jonth and until otherwise ordered, the department will redeem, at the office of the assistant treasurer | of the United States at New York, paying par and | interest accrued to the date of redemption, any un- | es bonds continued to bear in. one-half per centum per an- num, to an amount not exceeding $2,000,000 on each day menttoned, PHILADELPHIA, November 4.—A few mtnutes be- fore midnight last night a man entered the fourth district police station and, giv! W. Abbott, said that he desired to = self. He then made a statement to Hou Taylor, who Was on duty, to the effect that he (AD vott) khew that he was s Samuel H. Clugston at Valle; and he wished to be held to answer for the crit At o'clock this morning he was taken, by $ ntral Sttion,where he made a long statement to the chief of police, in which he declares that he murdered Clugston. pollce denies however, that the On account of that murder. telegraphs to the district attorney nt Norristown under arrest who claimed to have committed the Clugston murder. It has since been Christian Hensel, an -Tved elght years in the Eastern and several terns in the House of ‘Itis believed that his story is a fabri- artially demented, Ses Murdered for Money. Tex., November nrietta to the News sa of an unknown man, shot in three places, has been found lying in a.guich near his wagon, with his pockets turned wrong side out. It is thought _he was murdered for money which was supposed to have been on his person. ———— Suow in Pennsylvania. SCRANTON, Pa., November 4.—The hills around Scranton are covered with snow this morning. sceetee otere ss An Inch of Snow on the Mountains, Mavcn Cuusk, Pa., November 4.—There is an inch of snow on the mountains this morning. The thermometer was down to twelve degrees above —.__. The Markets, BALTIMORE, November 4.—Virginia 6's deferred, ager cence 80%: do. past dus coupons, 947 52iy bid to-day. ovemmber 4.—Cotton _firm—mid- ., Hon. William arfeld, who was the ‘of the institution. A chapter of the repo voted to the late Preside Visit to the institution. ‘The report sets forth that the gymnasium building was completed in July Last ng also a swimming pool, bowling alley, &c. ‘The receipts for the suppo the year were $59,071.99, and the disbursements the nded balance of $964.47, undred and fourteen sent 21 states and the Dist aths in the year bave been 4 The estimates for next year amount to $70,000, WASHINGTON CATTLE MARK town drove yards on the Metropolitan Branch, B £0.R.R, three miles from Means, proprietor, Wednesday 150 head of cattle were Sold to butt sheep and lambs w . per Tb; lambs Se.absge. Ugit $2580. The state of U Legat. ConTEest OVER drew and Michael Runstetter and the Farmers? Friend Manufacturing company and Messrs. W against J. W. Atkinson, CI Mansur, and Commissioner of ‘the issue of a patent for a corn-pla: ciulm to have invented in 167 to letters patent. a ‘THIEVES IN THE SUBURRS.—Last evening, lars entered the residence of Mr. Albion B, Jatme- son, in Mount Pleasant, rt of the house, a large quantity of clothe ing, silver ware and some valuable surgical im were carried off. The robbers also fect an entrance into the residence Mr. J. 8, Brown, opp This is the sec Mr. Jameson is a Auditor's office, ’s first and subseq called United St. usel of the murder of terest at three al ‘the institution for geant Smith, to the « ir. Wm. Mayse, for sixteen years a principal clerk in the Pension office, ito private business in this city. risoner is detained his position to go A BIG MUsHRoow Cror AND A F. Y abundance of mushrooms tn the city s S been a subject, that a man w, market within the tor discussion a vation of this fungt a profitable business individuals who have ground prepared, and from these gardens have the markets generally been supplied. Notably among those who have made the Cuitivation of the mushroom a successful busi- ness {s Mr. Peter Guigan, whose grounds and pits are located at Uniontown, and have heretofore been fully described in THE Star. The unusual abundance of this fungi for sale in the market at 1s not due those who make mush old thlef,who has for several years past been large number of TS, at BiCc.ab i cation, and that he is A ‘special dis- PATENT.—To-lay, An~ "Y atin tn oa ig a bill In equi aries Deere and ALV& 18 Marbie, for and to be enw gathered by country people miles away from the city, who bring them here by the barrels fall in some cases. The countrymen state that the flelds are full of them. Yesterday the Cen- ter market was full of them, the market peopie ying they never saw 80 many in one day. uence was that the price was much below he usual price for the cked the entire hey usually bring. cultivated mushroom ranges from 15 to er pound, according to the demand for them, but the spohtancous growth over the coun- try fields has had the effect of bringing the price of the cultivated one down to 15220 cents per yund,and those brought in by the countrymen are rowth is attribut ‘by the copious rain of last are founc in rich meadow land or pastures where stock has been ranging. There are many ways of cooking them, Dut the most common is by making stews, or d sauce to accompany beefs k paled for use, brieny mentioned in THe StaR last ev that yesterday in the Equit made a decree in the case of Ida F. Geo. Wm. Thompson, from defendant with drouth follow Court, Judge W; on the warm 4. 7525.50: 6:feat.20: city 26.50; do. f ody of her child A SmncuLar Scrr.—Messrs. Enoch Totten, W. A. McKenney and E.C. Blunt have filed a suit for Ann Mary Rienmuth against John G. Garland and Sarah Garland for $10,000 dama claims that gn the 84 of Augu: possession of a which she ca at the rate of $1,500 8 mulch cows, 17° turl value of $600. And she charges that defendants intending to injure, incommode and harrass her in paceful enjoyment of sald ber 12th, 1880,threatened to that she had to move from the place and her busi- | dull, 1. ness, and that they poisoned and killed the cows, | firm- turkeys and chickens. INDICTMENTS.—The offense, petit same; and dismissed led on a milk dairy, ylelding her keys and 48 chicl grand j inst Wash Mel and William J. Queenan, loseph G. Fowler, embez: zlement, and Elizabeth Straitner, grand larceny, | inactive. nage eae President Arthur in New York. E HIS VISIT NOT A POLITICAL ONR, President Arthur, ex-Senator Roscoe Conkling, of Utica, and ex-Secretary of the Treasury Wil- lam Windom, of Minnesota, were atthe Fifth| LONDON, avenue hotel, New York last night. Cane Conkling were af the President and Mr. oe we nt tel, fer as to tical affal rally. 1s strenuoush: 0 should know whereof seems no reason to doubt, the Her: says President Arthur is there simply to arrange wiring his personal attention, mn Whatever to “NEW. vorx, changed. Wheat: 1 N ‘The tact that | $s 116%- icates, 3 do. 21 Penneyieaats ‘Central, and St. Paul common, NEW YORK MARKETS THIS AFTERNOON. 5 EEE i F i i