Evening Star Newspaper, September 8, 1882, Page 1

THE EVENING STAR. PUBLISHED DAILY, Except Sunday, AT THE STAR BUILDIN Feribwest Cerner Pennsylvania Ave. and 11th 8t.,b7 The Evening Star Newspaper Company. GEO. W. ADAMS, Pres't. Tr FXEXTxG STAR ts ecrved to eztacribers in the eity by carriers, cn their ow: 5 Week, or 44. cents pez certs ©r¢ year, $3. {Entered at the Post Cflico at Washington, D. C., 23 second-class mail matter.) Tar Weexty Stan—publish Six months, $1 d on Frid: 10 cop $2.8 year, 2 $i5:25 | be paid in advance; net oF. in armiication. SPECIAL NOTICES. t WANTED THE PUBL Saks & Etsom: tailors working fc "em SALT COMPANY HAVE RE =F moved to No. 204 ith etret northwest, wh be pleased to se: our eustome-ra. 3 E. OU. WALKER & CO. (eS. NILE MEET THE PUPILS OF THE Eng Maryland Tn Blind SAM 8S. SHEDD. 409 92m Senzer Nontuwest. AT COS GAS FIXTURES, FURNACES. sul? PLUMBING and TINNING. _ W. WAYLAND WILSON INSECTICIDE, Ce atic powder for re ps, and refined Camphor, tor DREW'S Drug Store, corner Sth street and P = rt GLEN FLOKA AND BETHESDA WATERS: £KESH FROM THE SPRING. W. C. MILBURN, Paarwactsz, 3429 Pennsylvania avenne. * GOODS, 9990 7th street northwest. ind Scotch Giuzhams, just opened; best sat low prices, Satins, aud Rhadames, extra good values. STEAM COOKERS. GAS STOVES AND RUBBER HOSE. CiDand examine at S91 15th strest. F. F. BROOKS. Fine Gas Fixtures, &o, ATTORNEYS. FITZGERALD, es) ATTOR 60, Ci Practices in all the Attorney-at-Law, 14 Guaten Law Bailing, ecoladeta ateoes it FRENCH, EX POTTERY RICH CUT ENGLISH AND FRENCH GLASS, ‘We call special attention to our new Fall Stock now arriving. which has been selected with @tyle, quality and p M. W. 1009 PES TOO wosanrn ep We are now prepared to offer to Housekeepers a full Ene of WHITE F: LAIN in NEW SHAP: TEA ard TOTLET FINEST PLATED W. FRUIT Ja) JELLY GLa’ Gilroy's Luiproved LACE CURTAIN STRETCHERS. ». WATTS, pve Penna. av Jy4 S14 Tih street, 5 doors al BREFBGERATONS, WATER COOLERS AND OIL STOVES AT REDUCED PRICES. hove conds being too large. will sell at close the:n out NGES, La- ELS. An je and brick-set RB. ACES aud SLATE MAS ANFOKTH'S VAPOR STOVE; the best fm the marker. DANFOKTH'S FLUID constantly on hand. W. 8. JENKS & CO.. x th street northwest. —————————— WE ARE NOW TAKING STOCK! GREAT BARGAINS im odds and ends. GREAT BARGAINS in all the different depts. ALL Goops Bow sold at reduced prices. GREAT BARGAINS in odils and ends. LADIES’ SUITS athalf pricg. TRIMMED HATS atany price. ceo BBB OA ce BOB AA c BBB AA ce Bo AAA s BEB ET HOM! ce, on eanitary gineer says: ble epitome of i< and house drain- to the jury. brought forth. mi He V% 60—-N® 9,169. THE STAR ROUTE TRIAL. : REVIEW OF THE LAW AND THE FACTS. The Criminal morning when the court assembled. Judge Wylie had on the bench before him a formidable arvay of law books with markers between the leaves. rymen were In their seats promptly at the ‘The ju hour of opening. Judge Wylie’s Charge. . in a few minutes, began his charge He sald that after a very protracted trial the court and the jury were about to perform the Important duty that devolved upon them. He acknowledged a diMculty which he supposed the Jury found In their own experience of bring his mind down to a sober, calm, dispas consideration of the facts and the law in the case after the great display of ability and eloquence of @ dazzling character which the occasion hid They must retire, as it were, to mount by themselves. Ie would ‘not presume to Judge Wy! take upon himsel onthe law. In the few observations he had to make it would be his endeavor to tray the case from one en: to the oth judgment was necessiry, taking care not to tres- domain of’ the jury, waom the Iuw he exclusive j ass upon th faa made their further powei of the law too In the case. ing a general verdict Implics that. time, the traditions of the law, the practice of the courts from the beginning of jury. trials has au- thorized THE COURT TO CONSULT WITH THE JURY even In regard to the facts, and the jury may often be aided in that way, but te opinion of the court t not be taken assumed that to the court, but erty to render a verdict upon thy to their own views of the subject. They had heard spired in the trial from tie be at had t i¥e uncommitted as to the guiit oF f Some Of the reporters for the new s have misapprehe d made, the remark attcibutel to the court defendants, qu such a remark. THE COURT HAD CAREFULLY ABSTAINED from beginning to end trom utt@ng any opinton asto the guilt or Ipnocence of the defendants. When the witness Walsh wa: question arose wi sible, the court sald that in his julgment there was enough evidence on the question 0 spiracy to be subinitted to the jury for their opinion, and tt was upon that groud that Walsh mitted, not that the court had made up its that th! fact of conspiracy ha ft, but that there we Une jury to determine the question. That was as far 4s the court had gone. REVIEW OF THE LAW AND THE FACTS. He would now look at some of the features of this ease, both arising from the law and the facts. n the facts he proposed to Which would serve to ilustrate the principles ot he would lay down. ni E law wh: jose to tra had been s ous, So complex 0} laborious, bat In hi ry undertaking on his part. 3d Of March, 1879, Post Office department, Congres appropriated for transportation on the star routes $5,990,000. That Appropriation was for the star route service for the year ending June 30, 13°0. IT that this appropriation was all that had been asked for by the department. The Post Office de- partment came nearer to the people of this coun- try than apy other, and it was therefore a cher- He was sure the jury had never heard amply discussed ; they were eo num Court room was well filled t! if to make a professional lecture with them over 89 far as in his «izes of the facts. It was to bé tie uitimate final arbiter ‘Their power of rende At the same as obligatory upon the jury. the jury would listen attentively feel themselves perfectly at Itb- facts, according He thought 2 court was wholly jocence Of thes Wied, no doubt, re arks pression of opinion on that introduced, and the hether hts evidence was ad:nis- | con- enough evidel ke some remarks He did not pri ver the case at large. The fa that it would not only be a very view, would be an unneces- By the act of the making appropriations for the HAD BEEN PROVED ished institution of the government, and Congress had never hesitated to appropriate the full amount, of the estimates, so far as the court knew. Con- gress cave all that the department satd it wanted that year. The reports ofthe Treasury and the Post Office department show that for the three years prior to 1879, there was an unexperded balence in each year to the credit of the Post Offiee department. Thdse balances amounted to nearly $4,000,000. These balances had been covered into the Treasury because they had not been needed. They had in evidence in this case a communication from Postmaster General Key, dated December 8, 1879, trastaitting a communtica- tion from the Second’ Assistant Postmaster Gen- eral, asking that $2,000,000 be reappropriated from unexpended balances, for A DEFICIENCY Here was a communication calculated to arrest the attention of in a department in which Congress had been so Uberal in making appropriations, five months and two aays after the arent defictency of Dongress was arrested and an inquiry was inst- It was provided by section 3,079, Revised that no department of ‘the govern- ment shall expend in one fiscal year any sum in excess of appropriations, of involve the government in contracts in excess of appropria- tions. There was another provision, exempting the officers of the War and Navy departme Penalties in consequence of violat mat as to all other departments there was no ex- Here was a fact to alarm the country. tuted. Statutes, emption. It alarmed Cong for investigation. THE REST was an act dated April 7th, 1860, appropriating #1,100,000 to meet service for the remainder of the current year, and viding that no further expediting shall be ‘also appropriating $100,000 | for putting on new service prov t the Postmaster General Would not there- after expedite the rate more than fifty per cent o1 Was the act of Congress, and it went as far as an act of Congress should go, an now the subject of the expenditure of a the consideration of this court and jury. An in- aictment had been found, cha also th @ants with a_ co ment of the Unit THE INDICTMENT REVIEWED. This indictment tures. The first IN THE STAR ROUTE SERVICE. Congress and the country—that an ap- appropriation there re tion of $2,000,000. ‘The att ts from. ion of this law, es3, and the matter was taken up LT OF THE INVESTIGATION the expenses of the star route \ded for by law, and providing Pay, on any contract to theoriginilsum. That rtion of this money was for ‘ing these defen- nepiracy to defraud the govern- . ed S jay be said to have five fea- was the historical part as to the utles of officials; the second charges the consp!- racy; the third deseribed overt describes the means; the fourth acts, and the fifth charged the Ppartit:on of the money alleged to have been fraud- ulently taken. AS to the historical part, they knew all about th: acts of Congress. in ne wise about , because It was found in the The jury need trouble themselves that. As to the means used in WASHINGTON, D. C., FRIDAY, SEPTEMBER 8, nthe ju-y’s power theoretically to acquit every man of these defeadants except two, In conse- ence of the change of Ue law requiring an ov ac to be done by one or of the conspirators that if they acquit one 0’ te conspirators, and the on act in the case was bis, i he defend: in the ease, the consol mor shouid -nt no other overt act than hishes been proves, then the proszentlon must fail. la cas they"acqaitted any of wie devendants, deliberated abont the gullt or innocence of th: otuers, they must see whether the overt act was committed by some one silil remaintag among the conspirators, ANOTHER POINT. Ther= was another point. The defenss claimed that the conspiracy must be made out as to all the contracts, and unless It was established as to each one, there must be an acquittal. That was not so. IF CONSPIRACY AS TO ONLY ONE CONTRACT THAT 18 EXOUGH. If they should be convinced that there was a conspiracy relating to only one of the contracts that would sustain the indictment. These mat- ters were the means or tastrumentalities for making out the charge of conspiracy, and if there was enough in the proof to show that there waS & conspiracy as to one of the routes the conspiracy Was established. It was soin regard to all {i dictments. If the Indictment” was Droad enough to cover the crim? proved, It was enough. Surplusage in an —_ indictment did not vitiate 1 IC the mdictment covered the crime and the crime was proved, then whether the crime amounted to the wholeof the charges in the indictinent. was of no consequence, ‘This indictment: was One, and contained but one ac- count. charging but one offense—that 1s, {t charged but one conspiracy. ‘The instruction of the court 1s asked upon the question whether, If there be tivo conspiracies proved, there could be a convietton. ‘The court of’ opinion that in that case there could be no conviction. y true that NS WHO COMMIT CRIME SEEK DARKNESS, and all crimes are generally more or less diftl to establish, As to conspiracies, they Marly the products of darancss; conspiracies are very seldom reduced to writing. They are en- tered into generally in an informal w e partes may not come together at all, but if by any means whateve* they come to 2 mutual un- derstanding for the purpose of committing a crime against the government, that Was a cousplrac provided it was foflowed by an overt act. It Said that they ought not to convict a man on circumstantial evidence, unless It be of the clearest and mest convincing character. ‘The rule reg. ing conspiracies as to wil crimes was that the jury should be Satisded beyond a reasonable doubt as to the gulit of the defendant kl not thiz that he cou!d make that any clearer. ‘The reason able doubt ought to be adouvt that arises out of the evidence of the case. It ousht not to be a con- ture. ‘They had twe the Jury, whose Wwers of observation acity were different. at may seem a ressonable doubt to one m not appear so to anoth but that was a difficulty which could not be avoided. THE JURY OUGHT TO BE CAREFUT. to see that the doubt which rises, rises out of the evidence, not a mere conjecture. | It was sald that itwas better that ninety and niae guilty men shouid escap? tan that oneinnocent suifor. Weil, 'y important to the administration of an important part tod deniel the benefit of counsel; hts were not allowed to be sworn, and, of course, Were not believed. When appearing be- fore the array of the court the common man would not Know what to say or d Then there were not lesst impo as to conviction, courts should be very carerul Sill, they had the rule now also, and he wouid say, inthe language of the ule, that it was better tilat ninety and nfne guilty nt Suffer, It would 5 , though, if they | could not only protect the Innocent, but punish | the ninety and nine. In commenting upon this joted the old Latin proverb, that the | judge was at fault if the guilty escaped! Happy, Indeed, was that people where the tiumber of crimes’was small and 01 importance; next in happiness was that people among wiom the innovent were vindicated and” the guilty punisied. He did not propose to read at large from the books on this subject. He was talking as a practical man, with the view of applying the law Lo the facts in this case. He thought tt would be in vain for the court to lay down abstract prop- ositions regarding propositions of law. With a View to the practical application of the law he woul TAKE UP ONE OF THESE ROUTES, and see what the facts were; see whether they could reconcile them with any rational {dea of in- nocence; if they could, then the defendants were entitled to the doubt. He would take up a compar- atively insignificant route, not distinguished re- markably in its features from several others. He selected it principally because it wasa small route. He recalled the acts of these parties on tie route from Vermillion to Sioux Falls. The date of the contract was March 15, 1878. John W. Dorsey was contractor. The service wa 26 @ Week and the compensation $393. The advertised distance was 50 miles. Two miles were subsequently added, with an allowance of $10.90, The time was 14 hours, or 3 57-100 miles an hour. ‘The route was in an agricuitural country in Dakota. There were to mining camps there and no towns between Vermillion and Sioux Fails. There were 9 post offices, but the witnesses testified that there ‘were no towns. So On after service was put on this route once a week , 1 was discovered that the actual distance was about 73 miles, and intormation of that fact was given repeatedly to the Second Assistant Postmaster General. On the 231 of December, 1878, the service was increased to twice a week! ‘The law prescribed the amount of increase of pay, when service was increased, and $198 additiona’ Was allowed, making $817.80. On the 84 of May, 1879, this contract was practically assigned by sub-contract to H. M. Vaile. On the 10th of July, 1879, thiS service was increased to six trips a Week, and the compensation raised to $2,453.40, and at the same time the schedule was reduced from 14 to 10 hours, and $3,608.10 allowed for that, making the total compensation $6,133.50. After the department had notice that the actual distance was 73 miles, the service was increased and time reduced. By the regulation of the depart- Ment the carrier was required to stop seven minutes at each post office. There were eight or nine post offices, so that that took off more than an hour, and the time was actually reduced to I than nine hours, requiring the carrier to perform the service at the rate of elzht intles an hour, in an agricultural country where there were no towns. “All these expeditions and increases were supported by petitions purporting to be from peo- plein the countrs. Tt did not necessary follow hat the expeditions were fraudulent. The orders might have been made owing to the influence brought to bear upon the department. Soon after- wards every postmaster on the route signed a letter to the department that it was not practica- ble to perform the service in the expedited time, and asking a restoration of the old schedule of 14 hours. Mr. Bennett, member of Congress, who recommended the reduction, also endorsed the tinasters’ petition, These petitions were rought to the attention of Mr. Brady. Mr. Ben- nett’s recommen ation for the restoration of the old time was called to his attention. Now this member of Congress seemed to have LOST HIS INFLUENCE ALL AT ONCE. Mr. Brady told the clerk, Brewer, to write to the member of Congress and tell him it could not injury to the public. He thought there was 1 souncaess in stich a View as that. That was doing that good may come, and that was neither a gospel or good law. ie had referred z tho trial to the case of Lord Bacon. > reid from Lord Bacon's letter, after his convic- toa, to Lerd Buckingham ad Lord Campbell’s commentary. He. thought we could not sustain any publie Officer because his decisions happened tobe right. In regard tothe proof of the con- spiracy stveral prayers had been presented, con- tuning the {that the conspiracy must be proved Independent of the overt at; that the con- pracy could net be established a posteriori. Now that was not so, and ft had never been so. ‘The proof of the conspiracy Muy be made out from the consequences that followed from the con- spiracy. One of tile earliest authorities on that point Was in Ist Strangees, p. 144, Rex agt. Coxe. THIs COURT, within a year past, several persons were brought to trial charged with larceny, consisting in the getting money and a wateh. The Judge described rather minutely the methoil of the larceny, which was that popularly known as the “three card monte swindle,” the victim being taken to see the “tomb of Jefferson” at the Carroll place, and there met the accustomed Kentucky drover. In that ease there was a conspiracy plainly, and yet the conspiracy must be proved by the acts which took place in the fulfilment of it. There was no question but that all the de- fendants in that case were in concert. It was hot true that the conspiracy must be proved first. ‘The facts may be such that the overt acts estab- lsh the conspiracy. Three men are detected in making thetr escape after breaking into a house. ‘The corneidence of their meeting was enough to establish a conspiracy between them. He had sald as inuch perhaps as he ought in this case and, more than he intended. There was ONE OTHER QUESTION. The doctrine was contained in several of the prayers thatif the jury belleved that expedition Was ordered upon false papers, and at the same time there were other genuine papers, the order must be attributed to the influence of the genuine papers, and the act of the parties was not vitiated by the co-existence of fraudulent with genuine ps rs. Such instances occurred in this case. s the bad saved by the good in such acase. That doctrine was not to be tolerated. ‘There was nothing so odious in a court o1 justice, FRAUD. It was not only victous {tself, but It contaminated everything it was associated with, like a drop of poison ina tumbler of water. A party who com- mits a fraud very often found It conventent to use truth as weil as falsehood. Truth and falsehood 3 quarreling. Faisehoods were of so jest people. x sntleal with falsehood, Fraud for Its own purposes will make use of elther h or falsehood thiiseriminately. ‘Trath was very often impressed in the service of fraud. He had seen FRAUD OF ODIOUS CHARACTER WITH A LINE OF TRUTH marshaled in front and all the impish tribe in the Tear. Tho more of truth fraud can work into its service the better chance for success It will have, Dut it 1s no less fraut after all, So that the fact that truth I: metimes found under the banners Of fraud, was not to be allowel to justify fraud. If they found aman employing truth and false- hood ‘for the same purpose his fraud was deeper and more odious b> has had the tmpu- dence to garnish his front with the fair face of truth, JUDGE AND JURY. Before concluding he would say another word, and he hesitated to say that word. He filled one place and the jury another. They both had their functions, and it might seem presumption on his part to even seem to advise them, but it was often done, thelr indulgence. form. If they believed the charge made out against th able them without regard to clamor—the opinions of the world. He should not believe that any man_on the jury Was 50 base a coward as to refuse to follow his and he would presume upon They had a duty to _per- se defendants beyond a reason- doubt, then they should acquit ‘Their manhood required that of them. own judement and consclence. On the other hand if they believe these defendants guilty, their duty to themselves and country requires a. Correspond- ing verdict. Now, don’t shrink from this. Guard your own honor and conscience, and pay no re- 3; w spect to any other considerations, If they violated eir consciences and oaths they would lead a life baser than slaves. Ifthe information which had reached the court's ears was true, then there were men engaged In the business of what was called in New York “FIXING” THE JURY. He belived there were men who made a profes- sion of it. If there had ary of them been ap- proached in that way, they would naturally feel a revulsion which would impel them tothe other side of the case. They should not let that, how- ever, influence their judgment. They should be 50 brave and true to themselves as not even to let that insult stir them from their duty. Judge Wylie finished at 12:30. After the Charge ‘Mr. Ingersoll asked If 1t would be right to instruct the jury to ask each other freely about these al- leged approaches. The court sald he could not allow that inquiry tb be made in the jury-room. Judge Wylie called attention to the fact that some of the jurors had taken coptous notes; called attention to the practice, and sald the jury would not be allowed to take these notes into the jury- room. Foreman Dickson sald he had intended to ask the court If they could take these note-books.. Mr. Henkie, calling attention to the announce- ment made by the court yesterday, sald he hoped the matter would not be dropped without further investigation. EXCEPTIONS TO THE CHARGE, Mr. Henkle noted exceptions to the part of the charge relating to the deficiency appropriation, the declaration that the jury should take no ac- count of the means and of the distribution of Money; that it was not necessary to prove the means, &c., and that the mutuality of interest in the contracts need not be proved. JUDGE WYLIE, INTERRUPTING, SAID he had forgotten one important prayer. Of course the jury could not convict any of the defendants except for what they have done since May 20, 1879. What took place prior to that was not in this in- dictment.. A at deal of evidence of matters prior to that date was given for the puenese) Ot showlng the reiations of the party: If the con- spiracy was forined before, and continued down {nto the period within the statute of limitations, it was just as effectual as a new conspiracy. Unless these parties were guilty, some or all ct them, within the three years, they could not be convicted. With regard to the changes of inter- est, these several proprietors were at liberty to change with one another if they chose. The con- Spiracy was a matter altogether independent of ¢ proprietorship in the contracts. MR. HENKLE’S EXCEPTIONS. Mr, Henkle then continued to enumerate his ex- ceptions, objecting, among other things, to the court’s explanation of former decisions of the court as to overt acts: to the review of the testi- ony on the Vermillion and Sioux Falls route, and the court’s deductions therefrom; to the discus- sion of the question of productiveness; to the dis- carrying out the conspiracy the jury trouble them- be done. The law provided that the Postmaster cussion of the effects of false and true petitions, selves In no wise about that, ether they were properly described in the indictineat or not was of General should, in increasing service, have due regard to productiveness and other circumstances. and to the declaration that the conspiracy may be 1882 iog over the charge, noted some on his own ac- count. Mr. Merrick asked the court to give a little fulicr instruction 2s to testimony and overt acts, the 1a ter belag barred by tue statute of Iinitations, the former not. The-court said that the jury ought not to con- sider any overt at tnless it was within the period Of the statute of limitetisna. Mr. Merrick called attention to tie orders for expedition were all within period, and were fully and specifically § The Jury Out. At 2:50, when it appeared all thé Gf over, Judge Wylle remarked that: been very long, and perhaps had been overlooked. The jury? now take the case. Balliffs Hughes ai were sworn and took charge of the jury, who then retired. _ ‘The court then took a recess until 6 o'clock, say- ing that the jury had better appear at that time, whether they had agreed upon a verdict or not. ——_—_—__-e-__—_ ‘The “Jury Fixers.” Common report mentions the names of Jurymen Dickson, Doniphan, McLane and Olcott as thos? who have been approached by jury “fixers.” Juryman McCarthy, by his own statement, in- cludes himself in the list of those who have been made the objects of attack by these men. Mr- Ker stated to a Star reporter, that not three nights ago a man, who fs prominent in this city, shook a roll of bills in the face of a juryman and satd: “These are your’s. Stephen W. Dorsey has got to get out ofthis. Acquit him, and the rest can go to h—1.” Mr. Ker says that the govern- nent has known of these attempts upon the jury for some time. There are all kinds of stories afloat to-day. According to one of these, two Jurors were “bought and paid for” several weeks ago, and {t 1s now sald that affidavits to support this assertion was made five weeks ago and placed in the hands of the Attorney General, who now has them in his possession. Mr. Ker said he was sorry for Brady in this matter, for he did not believe Brady knew any- thing about it. His idea was that all the efforts had been made in the interest of Stephen W. Dorsey. Washington News and Gossip. GovenNmenr RecerPre To-pay.—Internal reve- nue, $532,275.82; customs, $002,735.22. SECRETARY LINCOLN Will leave here early next week for Chic He has abandoned the pro- posed trip to Colorado. Mrs, Lincoln 1s still in very delicate health. Navat Vessers.—The Navy department {s in- formed that the U.S. 8. Jamestown sailed from Newport, R.I., yesterday for a cruise of two week: after which she will proceed to Hampton Roz: ‘The Tennessee, Kearsarge, Yantic and Alliance, the north Atlantte squadron, joined the Enter- prise at Eastport, Me., yesterday. SANITARY EXHIBITION IN 1883.—A call has been issued for.a meeting of representatives of the American Public Health association, the National Board of Health, and the various state boards of health, to be held at Inc apolis, Ind., October question of olding a medical and sanitary exhibition in the Mn. James G. Jounsto has been appointed as- sistant chief of the pre-emption division of the General Land Office. THE RECEPTION TO SECRETARY CHANDLER by the oMicers of the Portsmouth, navy yard yes- terday afternoon eclipsed any similar affair there for years. The Secretary leaves for Warner, today, His future movements are undecided. ComMmoporE Jous G. WALKER, Acting Secretary of the Navy, avho, while cut driving last evening, was-thrown from his carriage and slightly in- Jured, was at his desk as usual this morning. Unrrep States Bonps withdrawn to-day from the securities of National banks by Treasurer Gil- fillan and surrendered to the Secretary of the Treasury for exchange into three per cents, $8,802,500; total, $66,032 . THE PRESIDENT’S MOVEMENTS.—A telegram to Mr. Harry K. Willard, in this city, from Nan- tucket, last night, says: “The U.S. steamer Despatch, with President Arthur, arrived here to-day. A reception was given him by Mr. F. C. Sandford, and afterwards he was entertained at ie ree ones of Charles O’Connor and H. A. Pror. Prerce, assistant in the coast survey and geodetic office here, is in MontréAl taking observa- tions to determine the center of gravity in Mon- treal, Washington and New York. Cart. JOHN HARTLEY, 22d infantry, whose resig- nation from the service was accepted on Wednes- day and announced yesterday in orders from the War department, sent his resignation under pecu- Mar circumstances. He was relieved unexpectedly last week from duty in assisting in preparing the offictal history of the rebellion for publication, and found that he was relieved at the request of Col. Scott, who is in charge. He at once disappeared from the elty, and left the country without per- misston of the War department, and resigned from Montreal, Conada. As he is not of drinking habits his action fs surprising. Mrs. Hartley is expected from Europe next month. THE REPORTED ARRAPAHOE TROUBLES.—Adju- tant General Drum has recetved a telegram from Lieut. Gen. Sheridan, at Chicago, stating that the reported outbreak among the Cheyennes and ar- rapahors is not confirmed in dispatches received from Gen. Pope and the commanding officer at Fort Reno. ‘The Acting Secretary of the Interior has not yet got a response to a telegram sent yes- terday to the Indian agent in charge of the Ar- Tapahoes as to the report that they are on the war Be The beltef is that all there is in the report is that a few friendly Indians are off the reserva- tion hunting game. THE FOLLOWING Promotions to copyists at $900 per year were made to-day in the general land office: Louise J. White, N.J.; Mary P. Whitewell, D.C.; Eva 8. Evans, Kansas; Emma L. Young,Fla. Emma ¢. Conn.; Fanny L. Ramsey, Ml: Clara T. Martin, Pa.: Horace K. Lamb, Ill.; Lizzie E. Murphy, N.Y.; Eilen E. Abbott, N.C.; Ellen L. Botsseau, D.C.: ‘Caroline Bosley, Til: Kate W. Burt, Kansas; Sue W. Casson, Pa. annie L. shy line, Ta.; Erama F. Clement, Mass.: Emma Dowell, Tenh.; Saille T. Dunlop, Ala.; Lizzie Greenland, Pa.; Helena Herzog, Col.; Chas. M. Kanouse,Wis.; T. B Landin, Ohio; M. EK, McAlpine; Mich.;’ Anna. P. McManus, Kansas; Ellen M. Miles, Mich.; Geor- ianna Needles, N.Y.; M. E, Nesmith, N.H.: Pheb> . Pride, N.C.;' Edith F. Safford, Ohio: Shepherds, N.Y.; Mary Sinkins, Fla.; Asta M. Stagg, Ohio; Susan P. Trimble, Ala.; Bettie Van Winkle, W. Vacs Mary J. Whitehead, N.M.; Francis A. Whipper, 8.6. Personat.—Attorney General Brewster was reg- istered in New York last evening.— Mrs. Wm. Blair Lord is passing the month of September on Long Island.——Mrs, Ainger, wife of Postmaster Ainger, is visiting friends at Napoleon, Ohio.— Dr. and Mrs. Prentiss have returned from visit to Montreal, whither they went to attend the meet- ing of the American Association for the Advance. ment of Science. —Lieut. Frederick a en, of at Rock °F) bordering Telegrams to The Star. THE BRAIN OF GUITEAU. ee eS “REPORT OF THE MICROSCOPISTS; ————— BNGLAND'S WAR IN EGYPT. fee nan TEST POLITICAL NOMINATIONS, DEFEAT OF JAY A. HUBBELL Guiteau’s Brain, REPORT OF THE MICROSCOPICAI. EXAMINATION. PHILADELPHIA, Sept. 8&.—The Medical News of to- morrow will contain the following report, which explains itself: ‘ D. S. Lamb, M. D.—Sir: The committee of three whom you, with the assent of Rev. Dr. W. W. Hicks, requested to make a careful microscopical examination of sections from the brain, dura mater and lung of the late Charies J. Gulteau, and to report the conditions found to be present, have completed their Investigation, and have agreed upon the following REPORT: Thin sections, prepared by Dr. J. C. McConnell, of the Army Medical Museum, from the lung, dura mater and brain, were submitted to your commit- tee for their inspection. The cominittee regret that the preparations presented did not more com- pletely represent the whole brain and its mem- ranes, The Lung.—The sections of lung were from the left upper lobe. Their appearances were common to miliary tubercle. Some of the minute nodules consisted of aggregations of recently formed mili- ary Cubsreles, in witich giant cells were quite dis- Unet. Others contained older foct of siuntlar ag— gregations, which had undergone corneous degen- eration. Considerable pigmentation of the pul- monary parenchyma, very like that of anthraco- sis, was also to be see Dura Mater.—The sections of dura mater were from the region of the middle meningeal arte They showed but few, if any sizns of Inflamm: con, and thers was not much thickening eviden rain.—The brain sections comprised the fol- lowing series, viz., sections from two portions of the corpus striatum marked, respectively, corpus striatum 1, corpus striatum 2; and sections from. four portions of the gray matter of the convexity or cortex of the cerebrum, labelled, respectivel frontal region, convexity 1, convexity 2, convex! 3. Those from the frontal region were probably from the superior frontal convolution, whilst ti marked convexity 1, 2 and 3 were cut, respectlv from the ascending frontal, the ascending par: fetal “and the superior " parietal convolution upon the median longitudl- nal fissure, but the committee were hot informed from which hemisphere. Aclose examination of thes? sections, under a high power of tite microscope, revealed the lesions hoted below: Corpus striatum, 1. Not a few of the ‘blood, Vesselsy particularly capillaries and venules, were decidedly abnormal. Their perivas- cular lymph spaces were often inore or less comn- pletely filled with masses of yellowish-brown pi Ment granules, which appeared to be the degener- ated remains of old blood extravasations. In areas Very numerous, but mainly Itmlted to the gray or ganglionic substance, the capillary blood vessel presented their walls in a state of granular dez eration, Sometimes these granules were limite withia the cndothelial cells, constituting the wall of the capiilary, but often'they were found for a considerable distance complete! ing the Vessel. The lurnen of the Dlood vessels was usu- ally vold of blood corpuscles, and was patulous. A Small number of very minute recent hemorrhages were to be seen. In the gray or ganglionic matter of these sec- tions Were quite humerous areas, In which altera- Uoas of the neurogila and of the gangilonic nerve corpuscles were very plainly visible. In them the cellular iyimph space were much crowded with id elements. In some such areas the whole corpuscle remaining. Most frequently, however, neither the Gheompassed nerve corpuscle nor thé neurogiia cell was destroyed. On the contrary, their nuclel and branched processes were gener= ally distinct. Yet in many cases the body of the cells was extensively tinged with a yellowish- brown pigment, and in a smaller number of celis, the presence of well defined, dark granules in the cell body was sufficient to mark entirely the nu- cleus, !f any existed, Moreover, in the latter case, the cell processes were sometimes much less numerous than normal, and the body of the cell Was not so a a Corpus Stratum, 2—In these sections the neu- Togiia and nerve corpuscles were found to be in much the same condition as above noted. Ina fos Way it may be stated that the cellular perplasia or cell multiplication was more marked than in No. 1. _ With respect to the lesions of the blood vessels, two departures from health Were noteworthy. Instead of those lesions con- sisting of the remains, in the perivascutar lymph ices, Of blood extravasations, as in the first sec- ions examined, these spaces at points along the course of the vessel were often found crowded with lymphoid elements. In some instances these white cells were clustered closely around and ad- herent to the wall of the vessel upon its exterior, and often most abundantly vated in the im- mediate vicinity of a bifurcation. In others the cells were closely packed together upon the ex- ternal wall of the perivascular lymph space and Slightly infiltrated the adjacent neuroglla. In the white fibrous nerve substance there were isolated bundies of nerve fibres and collections of such bundies, easily distinguished from the others by the presence, in greatly increased numbers, of cell elements upon and between them. Under a high power of the microscope these elements were found to be outside the capillary blood vessels, and to occupy the same relation to the nerve bun. dles and to the vessels, and to present the same general microscopic picture as that seen in longl- tudinal sections of the optic nerve In a descénding optic neuritis. ‘The areas of diseased structures above men- tioned were more or less diffusediy scattered among tissues in which nothing distinctly abfior- mal could be made out. Cerebral Cortex—Frontal Region.—The first layer seemed to be thinned almost to nothing in spots at the convexity of the convolution. The depths corresponding to these spots, were perhaps a little more hypercéliular than other portions. In the second, fourth, and fifth layers, especially in the two latter, the blood vessels presented, in a marked degree degenerations similar to those re- marked in the corpus strictum. In the second, fourth and fifth layers the pericellular spaces, both of the neurogiia cells and of the ganglivnic uscles were more or less filled with lymphoid celis. In these layers some ganglion nerve cells Were also quite freely pigmented. Sometimes one- half the body of the cell was densely packed with Pigmented granules to such an extent as to vell the nucleus, but the latter, as well as the enclosed nucleolus, even then could generally be discerned, although with difficulty. This celiular hyperplasia was much more marked in the fourth and layers Uhan elsewhere, and was pretty uniform throughout them, yet even here there was an obereous tendency to distribu- ton en plaques. In the subjacent white nerve | condition of | Symptomatic expression, he w: are absent, and tn others they are often Rumerous than they were found to be in Hoular brain: finally, that {hey were abnormal conditions: blood vessels, of the cellular elements of the brain. in conclusion, your committee have no “a ae in afirmi unquestionable evidence ot chronic dite ae aoe minute Dieod vessels tn ni tons of the cellular elements ig hey Drain submitted for their examination. the lesions found were most marked | striatum and In the frontal region of the sore cortex, yet they very diffusely pervaded all ons ot the brain which te ‘ represeneds bey are opinion that all of the let x5 be recognized in the sections pl=s33 in thelr ham have deen pointe’ cu m the foregoing Try vegret that It has not been possible to ject the Ussue to all the tests which might deter. mine the nature beyond a peradvenvure of the #0= calied vacuoles referred to. They have not been called upon to pass upon the bearing the lesions found might have the state of the subjects mind, Bid therelore @o not offer an opinion, Respectfully submitted, J. W.8 Anxoun, E.0. SHAKESPrARR 4. CCONNELLL MEASUREMENTS OF THR SKULL, Dr. Lamb furnishes the following measurement® of Gutteau’s skutl: Cranium of a male, age nearly 41, Internal capacity, 1,890 c%.; length, 182, ms m.; breadth, 144 m.m.; breadth of front, 97 and 135 m.m.; heigth, 183 mm; index of foramen gnum, 45 m.m.; frontal arch,290 m.m.; parietal arch, 323 m.m.; occipital arch, 243 m.m.; tulihal arch, Sap mths circumference, $31 ‘mea, length of frontal bone, 122 m.m.; leagth'of parietal Done, 185 m.m.; length of occipital Done, 183 m.m, zizomatic diameter, 125 m.u.: facial angie, 71°: skull, mesocephaile. GUITEAU WAS SANE ENOUGH TO HANG. Tn discussing the findings of the report,the Me@ie cal News says editorially: From the point of the mentst condition, the greatest interest attaches to the examination of the different layers of the cortex. Sane thinning of the first layer was noted, and more or less cellular hyperplasia. Same granular degeneration of the walls of the vessel was discovered In the second, fourth firth layers. In this region, also, thete was i or less -pigmentation of the cells and lymphoid cells were contained in the Interior cellular Dut the anatomical elements were for the most part present. A trophie degeneration to any marked extent we do not fnd to have taken place, notwithstanding Wwe admit the existence of the vacuoles observed at various points. The cha Just referred were most marked in the an! portion of the gray cerebral matter, but were gen- erally diffused, although less in amount, as the examination extended through the cerebral cortex posteriorly. As the anatomical elements were, for the most part, in their usual form and position, a!though Somewhat changed by pigmentation, by the pres= ence of lymphoid cells, etc., and as there were only in the dura mater, but doubtful evidences of "y action of a chronic type, we are ‘onclusion that the changes revealed by the microscope, although, as stated in the re! chronic in type, are recent In origin. Such at amount of cranilar degeneration of the vessels aw here described tnay be effected In the brief space of time in which s changes are wrought im acute phosphorous poisoning. Quite from the time in which these strue- tural changes have occurred 1s the question of their Influence on the mental states. Asa marked. degree of double optic neuritis may co-exist with preservation of quite suffletent acuteness of vision for all ordinary purposes, so considerable changes ubstratum may coincide with fairly good intellectual powers. In‘the case of Guitea’ sane changes are discovered, on microscopical ex- amination, but do they necessarily imply a de of mental weakness incapable of distinguishing between right and wrong? We hold that they do hot. Furthermore, these changes are, we believe, recent In origin. ‘Therefore, they hatdly involve the question of his moral Tesponsibility anterior and up to the commission of hls crime, They cone stitute the initial stage ofa malady which, in its fullest development, Is known as dementia paraly- Uca, or an altled disease, the early symptoms of Which disorder correspond closely with the mental uiteau during the past year. As, however, extensive lesionswf the brain are not compatible with a norial exercise of the In- tellectual fecutties, tt follows that the mere struc tural changes of the organic substraum cannot be ely int-rpreted alone. The clinical history | must be studied in connection with the alterations in the cerebral structure. If we pursue this logl- cal cours, we can be conducted to but 02 conclue sion: That, although Guiteau was uot strict normal in’ respect to the condition of We org: substratuta «f the mind, and in respect to its nevertiieless, responsible agent in that he had a clear comoep- Uon of the distinction between right and Wrong, and realized the nature of the crime and Its pub= ishment. There ts, therefore, In the microsci pt revelations no reason for changing the op-nion which we originally expressed, that Gulteau, am abnormal character, justly suffered the penalty of the law for the high crime he liad Wed. apes cacao ‘The Presidents Movements, NANTUCKET, Mass., Sept. 8—President Arthur yesterday aiternoon drove to the agricultural fair krounds, and afterwards made a call upon Chas, ‘O’Conor at his residence, Cliff HILL — Subsequen' the party visited the surf site. ‘The President at 5:30 p.m. for the steamer at the outer bar. Bosrox, Mass, Sept. 8—President Arthur reached Marbiehead at 7 o'clock this moraing. Cole lector Dodge went on board the Despatch sented a large number of invitations from various. arties to the President to come ashore, all which © declined, with thanks, and the reply that his Ume was limited. He desited no demonstratio! consequently none was made. Even the usuat salute was Omitted. Postunaster Dalton, of — also waited upon the Presideat, extending se' invitations, which were promptly declined for the reason above given. Mie Teastern yacht club joined in extending an Invitation to dine, and this also was politely declined. A dispatch was re- celved from Secretary Chandler, ‘the Presi- dent to visit Portsmouth, N. HL, for which piace he would proceed at 2 p.mn. ba nd ey Important Political Meeting in Philme delphia. 8—An important political meeting is being held with closed doors at the oMice of Wharton Baker on 3d street. It 18 at- tended by leading members of the in republicans and some of the leading stalwarts, the purpose of Wich 1s to have a compromise effected by the withdrawal of Beaver and the sub- peo ofa republican like Edward T. Steele, of s city. ae A Pinkerton Detective Assassinated, Las Vegas, N.M., Sept. &—Charies Harris, « railroad Pinkerton detective, was assassinated on Wednesday night, at San Antonio, a small station a few miles south'of Sorocco. Two men alighted from an emigrant train and approaching who was standing on the platiorm, they shot him dead. Tue murderers escaped. Fire in Bristol, Pa, Borventown, N.J., Sept. &—Yesterday aftere Room. a fre broke out In, Bristol, Pa, over the aware river, Opposite Burll ‘and elgnt dwelling houses ‘were ‘consumed. ‘The. tamities were rendered homeless, put were provided with temporary homes until they can better themselves: ‘The 103s has not been ascertained. Suicide ALEXANDRIA, Va., Sept. &8—Mahlon H. Janney,of ‘the firm of Janney & Co., prominent dragztsts of this city, committed suicide this anoraing by take ing strychnine. Ill-health and depression of spirits was the cause. England’s Egyptian Campaign. A SPIRITED RECONNOISSANCE. ALEXANDRIA, Sept. 8—Mounted infantry made @ spirited reconnoissance of Mandara yesterday, ‘ney came in contact with the enemy, and six of the latter were killed or wounded. saree daemnnaicons Greenback Nomination in California, ~ Saw FRANcisco, Sept. &—The greenback state ‘convention has nominated W. J. Swasey for licte « tenant governor. ‘The Yellow Fever in Texas. BROWNSVILLE, Texas, Sept. &—There were @ PHILADELPHIA, fibrous substance the vessels were also sometimes slightly altered, and a few examples of cellular hyperplasta along the nerve bundles, much as was deseril for the us striatum, were rarely seen. But few recent hemorrhages were visible in the sections examined. Convexity Nos. 1, 2,%—The same abnormal ap- pearances were remarked in all these sections, Varying only in It is suMicient to state that they were usually identical with those noted ew cases of yellow fever and two deaths (the latter Mexicans) within the twenty-four hours ending at midnight last night. There are also four new cases among the troops at Fort brown. The number of fever cases in Matamoras grow less day by day. There have been three di ‘there since Wednesday. ————— Nomi nations. &—The democratic Mavcu Cuunx, Pa., Sept. esstonal conference of the 11th district met no consequence fo this trial. If the jury found the proved by the overt acts, Mr. Henkle said that in sections from the frontal region, the only differ- Arctic fame, was married on Wednesdi 1d E he * The productiveness of this route for the quarter | there were a number of rs he had offered ‘iL, Bracke Col, | @nce worth mentioning being the fact that the in this morning, and nom!nated ex-Congress “ win enpeeenmy | Cevmmicuey ota the GUakt Acts, the GISIUMCiON | Ae ATEN BEE: 300, Was SHOT aad Gin tee | Pee eT ee supposed Toland, 1 to Mise “Ada. 2 Brackets, of tats city; | areas In which the veegels otfered a acu man John B. Stora on the 67th ballot. fhe uomle ¥ y Home, Sweet Home." £ ration n which the ju rn th . year ended June 30th, 1879, was $216.50. For the | 1t would be considered that such prayers had been generation were much less numerous and exten- | nation was afterwards made unanimous. Rave read it with sauce ead tank, Fou xive it much | ErAtton Upo cl e Jury need conce eil- |- Year endiag June 20th, 1880, tt went ‘up to $420, but | rejected. Yellow Fever Reports, sive than in the frontal ion. In the foregoing | NEBRASKA CiTy, Sept. &—Judge Weaver was Sia, condensed ine few yaue count net wagers: | Setves was on the aoth of June, 1881, it fell back to $240. ‘That | | The court sald he would be ging tohavehisat-| ane surseon general mq rine neseital service | FePOTt itis to be assumed thar the: structures mt | nominated tor trom the first district, by advice. 1 wish, only. “houscholiers "would carefully | WHETHER THERE WAS A CONSPIRACY, Was a small route, but it was worthy of atten- | tenvion called to any points he had overlooked. ge 14) specially mentioned were found in a condition so | the republicans to-day. + wead it and sct accordingly. followed by overt acts. When the indictment | tion in several respects, and particularly, that it | He had endeavored own way to cover the nearly normal as to call for no remark. It should ‘be stated, however, that in these various brain sections numerous so-called minute vacuoles were found. Whether these forms were real cavities or Rete transparent highly, refra bodies of a definite consti which was revealed by the method of preparation, the committee do not widespread citer ol eae eka {rato ference ie positive opinion as Port Sr. ta! lg ‘Sept. 6. The . IGNACE, ~~ can congressional convention, of-the 11th nominated whole case, Mr. Henkle read other prayers, which he consid- ered had not been answered. ‘One of them re- ferred to petitions of members of Congres, and Wyllie remarked that he did not believe in a public officer being coe by such recommenda- tions. He knew no line of conauct fora public officer but the law. When a mili = ask for it at our stores—S17 Sth street, 1730 Pstrect, . Said that by means of false papers, false affida- 7 _HAYWARD & HUTCHINSON. vits, &c., the conspiracy ws formei—without set- Ung them out—those were the means, and it has never been held that the government was bound fo prove the exact means. ‘That these contractors had these nineteen contracts and were mutually interested was a matter of historical description and was of no consequence. The mutual Interest, 4s claimed that members of Congress have the right to say what routes should established, and an officer is to be excused if he deals with this high Influence. The increase of.expedition was ordered at the request of 2 member of Cong) and when he askel that it be restored to the ok schedule he was snubbed. MR. HENKLE, INTERRUPTING THE COURT, $5 upwards. Boy "s Working Pants from $1 up. officer came : into court and said ever; my $i up saris, “Wool Hats, ‘d0e. Up; Straw Hate at | the cont eds My mULUat Interest, was not IN| said that the order on the route was made by | titted to dally mall <eryene ee cen al oot to ‘whether or not these So-caiion ‘vacuoles are eed htow cone _ Ss ee fommon lot in| Prench, and not Brady. think, that was ‘the law. ‘When the General 1914-1916 Pennsylvania avenue. ‘The conspiracy did not give them a common ints. | _**Do this, Brady,’ was there,” said Judge Wy- pene eal ee a mod Se ir ex ie ano J. W. SELBY, | €8t In their several contracts, but it was a com- hot law/or a public oMeer. He thought the poltey Gace COUFE Heit teat soe was in that view that the | «The order was made by French,” insisted Mr. | or the law was, where terllane ttre ened trike eae UNS! GUNS!! GUNS!!! these contrauts wat overt act done under one of | Henkle. transport of the mails in a thinly inhabited! Gor His —Mr. Ucense agent, ar-| First. They an overt act as to all, for they Were all the common subject of conspiracy, AN OVERT ACT UNDER XO. 19, Was just as good an overt act as it wou!d hare ‘been under No. 1. Any overt act under any one of the contracts, assuming a conspiracy to be estab- lished, was an overt act under them all He “The order was signed by French,” said the Judge, “ but he was ordered to do it by Brady.” Jugige Wylie said that he thought the Postmaster General was authorized to exercise his discretion ; coun’ that was the to withdraw the malls, listead of using the tmatl-cerriers 98 for the army. He knew nosuch rule that sumption was fhat an act was right when it was Reinforced-Breecis ““Dian@ Gun. A vast im- io _ Al jutely ka Winer in ris trials. shooting qhalities, and by far the best gun for rice th the market. “Also the famous Charles Daly and others. For sale by Dealer in Hardware and) sporttar Supplies, in ware snl vy Penn. ave. cast, Capitol aud im 8. C. CREAMERY PRINT BUTTER. Wailorn:ly choice in quality. Made and printed at @ecburn in half pound vrints, expressly for us. Put ice Ask your grocer and =—s SPICER, COMPION & CO., 934 Louisiana avenue, TAYLOR, PRACTICAL HORSE- Se Re : i | License. —Mr. Raff, rested John Herbert.at the Ebbitt House with being a commercial He the assessor’s office with Mr. Raff procured prosequed in Police Court to-morro' F & F i i i | pre- of Con- : g i 5 i expense where the revenues down. He could not i i jl i il 8 § : i e' I 5 4 é i i ‘subject then much in rezard the case. And give an Conspirat Plea. Each man ‘ si ‘4 A F ij i ‘l ; | + TT