The New York Herald Newspaper, November 25, 1859, Page 3

JOHN BROWN’S WRIT OF ERROR. t Appeals of Virginia—Unanimoas Decision of the Court Refusing the Prayer. OUR RICHMOND CORRESPONDENCE, Ricumonp, Va., Nov. 19, 1859. ‘The case of John Brown was up before the Court of Ap- ue ia this city to-day, upon a petition, which reads as ‘COMMONWEALTH AGAINST BROWN, ‘To the Honorable John J. Allen, President, and his asso- ciates, Judges of the Supreme Court of Appeals of Vir- nia rour petitioner, John Brown, humbly showeth, tha in the record and proceedings, and in the giving of Judgo- went, upon an indictment against him in the Circuit Court of tho County of Jelferson, by which Court, on the second ‘of November, 1859, he was condemned and adjudged ihe havged by the neck until he bo dead (a transcript of which said record accompanies this petition) manifest error hath intervened, to the great detriment of your peti- tioner. Wherefore he prays that a writ of error may be allowed him, to the end that the said record and proceed- ings may be reviewed by your honors; well hoping that for error taereln the said judgment will be reversed, for the following among other REABONS. ‘The said indictment consisted of four counts, which were as described, (im an endorsement thereon) for treason, advising and conspiring with slaves nnd others to rebel, and for murdor; and it was, in each of the said counts, against your petitioner and divers others. Your petitioner, however, was tried alone upon it, And afer verdict (such as it was) which in the preamble of the judgment aforesaid is recited as a conviction of treason, advising and conspiring with slaves and others: to rebel, and for murder in the first degree,” one general jadgment of death was upon the whole of the said indict- Imevt pronounced agaist your petitioner. Notwithstand- ing, your potitioner, between the time of the said verdict bemg rendered, and of the said judgment veing pro- nounced, moyed the court to arrest the judgment on ten se- veral grounds, and which ar eall set out in a bill of excep- tions, signed and sealed by the judge of the said Circuit Court, and to bescen in pp. 15 and 16 of the said transcript. For brevity sake your petitioner begs leave to refer your Honor thather for them, instead of his causing the w! ot ‘them to be copied here verbatim. And for the same consi- deration (that unnecessary prolixity may be avoided) while be does not waive any of the said ten grounds, but relies and insists upon them all, as reasons for now reversing the judgment which he could not prevail to have arrested, and accordingly prays your Honors to give to him the lewfal’ benett of exch. He ‘will bere Swell only upon thoee noticed in the sequel) of this petition. ‘The third in order of the grounds go stated for the said motion in arreat was expressed in these words : ‘‘ Be- cause it js not averred in the first count of the indictment ‘count for treason) tbat the said defendant was, at tho bx of the commission of the offence therein charged, a cRizen of the State of Virginia, or of the United States.’ The meaning and import of which objec- tion was, that the said count did not charge the said offence against he commonwealth of Virginia, ag it soems to have been designed to consider it, or against the United States, if it was so designed to consider it, tohave been committed in breach of any allegiance due from your petitioner to either the former or the latter. And at any rate, as the said count did not so ebarge, your petitioner is advised that he hath now the right to insist upon such defect of the indictment, as a ound of error for reversing the said judgment, whether ee or was not distinctly put forward as a ground of his said motion in arrest. Accordingly, he humbly puts in his claim to the benetit of it both ways. ‘That treason cann»t be committed against the United States but by one who owes allegiance, perpetual or tem- Gee to the. government thereof, is established by the 1 judicial authority of that government itself. (5 rat, 96, 97; United States v. Wiltberger.) And that, if treason canbe committed at all against the Common- wealth of Virginia, since the adoption of the federal con- stitution—a point drawn into question by the fourth in erder of the grounds alleged for the aforesaid motion in arrest, and in regard to which, to saye the trouble of re- turning to it hereafter, your petitioner begs leave now to refer to an able discussion of that precise point in Amert- can Law Magazine, No 8, for January 1845, vol. 4, pp. 318-350—it can only be cemmitted by one ‘owing alle- giance of one or the other kinds above mentioned, to the said Commonwealth, is supposed to be very cortain, though not known to have been in like manner estab- lished, (See Davis’ Crim. Law, 49.) The statute enacted in the first year of the Commonwealth, entitled “An Act declaring what shall be ‘Treason,’ is, as to the part ma- terial at present te be noticed, in these worda, “Whereas, divers opinions may be what case shall be adjudged treason and what not; be it enacted by the Gencral AB- sembly of the Commonwealth of Virginia, that if a man do levy war against this Commonwealth in the same, or be adherent to the enemies of the Commonwealth with- the same, giving to them aid and comfort in the Commonwealth or elsewhere, and thereof be legally convicted of open deed by the evidence of two sufficient and lawful witnesses, or their own voluntary confession, the cases above rehearsed sball be judged treason, which extendeth to the Commonwealth.” (9 Hen., stat. 168, Oct. 1776, ¢. 8, 8. 1.) And in this form is con: tinued, through ‘all the revisals of the laws, (1 Sheph., c. 70, 8. 1; Virginia Laws, 1794, p. 282, c. 136, 8. 1; R. C., 1808, p. 272, ¢. 1368. 1;1 R. C.; 1814, ‘p. 284, ¢. 136, 8. 1; 1 162, 8. 1; R. G., 1819, p.’ 590, c. ) until it was altered at the session of Assembty in ¥847-'s8, in tho manner to be hereafter mentioned. In this, its original form, it was upon the model, and as to the ‘points of comparison material now to be noticed, it ‘was a copy of the statute 25, E’ward 3, statute 6, cap. 2, entitled in Ruffhead’s edition of the statntes at large ‘A Declaration which offences shall be adjudged treason,” which may be seen in 1 Ruff., statute 261, 262, and in 8 Inst., 1, 2, in both the Norman French original and the ancient English translation. The latter, so fur as a com- parieon is desirable, is as follows:—Item, whereas divers inions have been before this time in what case treason shall be enid, in what not, the King, at the request of the ords and of the Commons, hath made a declaration in the manner as hereafter followeth—that is to say, when a man doth compass or imagine,” &c., &c., “or if a man do Jevy war against our lord the King in his realm, or be ad- herent ‘to the King’s enemies in hisrealm, giving to them aid and comfort in the realm or elsewhere, and thereof be probably (provatlement) attainted of open deed by the peo- ple of ther condition,” ike., &c.; “it Is to be understood that in the cases above rehvarsed, that ought to be ad- judged treason, which extends to our lord the King and his royalMajesty. ’ Thus it is seen that no more is said about allegiance in the one than in the other of theso statutes; but in each, the person who sball be capable of committing treason {s described only as “aman.” Yet under the statute of Edward it has been invariably holden that no man can be guilty of that offence unless at the time he ‘owes allegiances. The authorities which prove this ar numerous and familiar that it is entirely needless to cite any—nnd as the Virginia statute was copied so closely from it, with a perfect knowledge on the part of the great men who sat in that Iegislature and led its counsels, that such was the settled interpretation, the same interpreta tion must be put on the provision then enacted by them. ‘Thore is no more pertectly settled canon of legal and poli- Constit. tical hermeneutics, than this, (Sedw. Stat. Taw 9, 426;2 Pet. 8. ©. Rep. 18, Pennock Pet. 8. C. Rep. 280, Catheart v. Robinson; 3 Campbell v. Quinlin; 27 Maine Rep. 9, Myrick v. 21 Verm. Rep. 256, Adams v, Field; 28 Missis. Rep. 21 graham y. Regan; 18 Iin. Rep. 15, Rigg _v. Wilton; 6 Engl. Ark. Rep, 694, McKenzie v. The State: 3 Gray 450, Comm, v. Hartnett: 26 Alab. Rep. 326, Duramus vy. Harri- son; 7 Indiana Rep. 9, The State v. Swope.) Indeed, the Virginia statute of 1776, was nothing more than an aiap- tation to the new form of government then just adopted, of same law concerning treason under which Virginians had always lived since the firat foundation of the colony. Atthe seseion of 1847-8, while the whole body of the statute law was undergoing a slow process of revision, through the instrumentality of revisors, the Legislature itself executed a revision of the statutory criminal law and enacted a provision on the subject of trea- gon. (Sese. acts 1847-’8, p. 96, c. 120, title c. 2s. 1,) which was in words’ almost tho same, and in legal effect plainly identical with the provision of the present Code, ¢. 190, 8. 1:— Treason shall consist only in levying War against the State, or adhering to its enemies, giving them aid and comfort, or establishing, without ' authority of the Legislature, ‘any government witbin its limits separate from the existing government, or holding or executing, in such usurped government, any office, or professing allegiance or fidelity to it, or resisting the execution of the laws under color of its authority.” But this enactment cannot be coxstrued ag expanding the law of treason to take in, a8 persona capable of commit- ting it, such as owe no allegiance to the commonwealth, for two reasons—frst, it is settled that in construing tbat code an alteration of the former Jaw must be presumed not to have been intended, unless an intention‘o mako such alteration plainly appears. (11 Gratt., 220, Parramore vs. Taylor; see also 1 Munt. 200, 207, Dalliard ys. Tomlinson; 5 Rand., 664, 665, Comm. vs. Catver; 6 Rand., 744, Shir: ley vs. Long: 6 Leigh 76, Winn vs. Jones; 7 Barb. Rep., 161, Croswell va. Grane; 4’Sanford 8, C.Rep. 374, Dominick, ‘v8. Michael; 9 Foster, 420, Movers va, Banker; 8 Zabrisk, 180, re. Murphy; 26 Alab. Rep., 326, Duramus vs. Harri: son; 6 Texas Rep., 34, Ennis ve. Crump; 33 New Hamp- shire Rep,, 247, Burnham vs. Stevens; Sedgw. Stat. ‘and Const. Law, 498, 429.) And second, the expression that “treason shall congist only in levying war,”’ &., so far from meaning that levying war, &c., shall alone be aufficient to constitute treason in any body, without more, and especially without any obligation of allegiance, im: rts, on the contrary, that treagon shall not be capable of Peay committed in any way but by such acts, even though io person accused does owe allegiance. This interpretation is agreeable to not only the rule just above stated, Dut also the known rule about the interpretation of penal statutes; and it is further enforced by this considera- tion. Manifestly the form of expression is borrowed from ‘tho constitution of the United States, art. 3, soc. 3, cl. 1:— “Treason against the United States shall consist only in le- write. war against them, or adhering to their enemies, giv- ing them aid and comfort;’’ and in the case before cited, of United States vs. Wiltberger, 6 Wheat.,96, 97, Chiof Justice Marshall, delivering the opinion of’ the Supreme Court of the United States, spoke as follows:—The first section [of a certain act of Congress] dofines the crime of treason, and declares that, if any person or persons owing allegiance to the United States of America shall oe war, &c., such person or persons shall be adjudged guilty of treason, &c. The second section defines mispri- sion of treason, and, in the description of persons who may commit it, omits the words owing allogianco to the United States’ and uses, without limitation, the genera! terms ‘any person or persons.’ Yet it has buen said these general terms were obviously intended to be limited, and must bo limited by the words ‘owing allogiance to the Uni- ted States,’ which are used in the procoding sochen: Itis admitted that the general terms of the soction must bees Hiamited; but it is not admitted that the inference drawn from this circumstance in favor of incorporating the words of one section of this act into another is a fair ono, ‘Treason is a breach of allegiance, and can be committed by him only who owes allegiance, either perpetual or tem} ry. The words, therefore, ‘owing allegiance to the United States,’ in the first section, ure entirely surplus words which do not in the slightest’ degree affect its sense. The construction would bo precisely the sumo were they omitted. When, therefore, we give tho samo construction to the second section, wo do not carry those words into it, but construe it as it would be construed in- dependent ofthe first.” In other words, the strong c: pression “any person or persons,” when used in connec. tion with treason, shall be construed to mean only “any person or persons owing allegiance,” notwithstanding even a very strong semblance of their being set in contrast to the words of a precoding section, “any person or per- sons owing allegiance.’ In truth, all legi NEW YORK HERALD, FRIDAY, NOVEMBER 25, 1859. and American, indicates it plainly, as athing known and understood, that treagon is a common law offence, with its common law constituents, one of which is breach of allegiance; and the whole otteet of such legislation, and of constitutional provisions on same subject, is to fasten Up, within certain limits, what mightelso be an “extra. vagant and er: spirit” of the courts in extending the Jaw and the penalties of treason to cases to which it ought not to be applied. Which being so, then, by known rule of criminal Pleading, no indictment for treason can be good which does not, in plain terms, charge it to have been done in breach of allegiance. ‘This was so decided, with much more than usual solemnity, in the case of Reginald Tucker, who Was indicted of treagon, and adjudged to be exeouted for the part which he took in Monmouth’s rebellion. Yet he was not put to death, and was afterwards pardoned; after which (and subsequently to the revolution of 1688) he procured leave to bring a writ of error, and brought it, on tho judgment of his attainder; ‘under which Mr. Hall, afterwards Sergeant Hall, of the Middle Temple, had purchased his (Tucker's) estate. This gen- tleman, therefore, opposed (otis viribus the reversal of the attainder; and himscif no mean lawyer, at least in point of ability, be employed ulzo in his cause several of the foremost men then at the bar; in Comberbach’s report of the cage, Levinz, who had been a judge, and Powys and Gould, who were judges soon afterwards, were mentioned as arguing OM that side. No less than nine objections were taken, a}l of which but two were overruled, and upon one of those two the court declined to give an opinion; go that the decison, which in the Court of King’s Bench was unanimous, rested altogether upon one poiut, which one point was that the indictment was, aud even’ in that stage was to be considered bad, for want of aver- ring in some sufficient manner or form that the treason was committed in breach of allegiance. The common Torm, and perhaps the best, of making the avermout was w charge in conclusion of the count, that all the misdeeds alleged in the body of it were done—in those times when all law proceedings entered of record were in Latin— “Contra Uigentv suc debitum’’ against (or as the printed precedents since law proceedings have been in lish generally have it, ‘contrary tw’’) the duty of his alle- glance. And except in cases of statutory treasons capable of being committed, oven without a breach of any such duty (some treasons of that kind wore created in the reigns of Henry the Kighth and Charles the Second, ‘and perhaps some such were even included in the de- claratory statute of Edward III. before quoted, to wit, offences relative to the coin), it has been the’ uniform course in all precedents used’and approved 80 to charge it. See for precedents before Tucker’s case the references in Show, DP, C., 188, 189; and for precedents subse- quently, Fost. Cro. Law, 6; Cro. Circ. Comyii70, 471, edit. N. Y., 1816; 4 Wentw. Plead., 14, 208 Wentw. Plead. 368; 2 Chitt, Crim. Law, 72, 43, 83, 84, 1st edit.; 2 Stark Crim Plead., 358; Archb. Crim. Plead.” 311, 315, 317, 3d edit. And for American precedents see Dav. Prec. 261, 256; Whart. Prec. Num., 1,117, 1,118, 1,119, 1,120, 1,131, '1,182; wherein always this’ conclusion is used, except where in the commencement of the connt the person accused is averred to be one “owing allegiance.” In this case of Tucker it was insisted that, in order to be good, an indictment of treason must have such a conclusion; ‘but Lord Chief Justice Holt said that was needless if the same averment were found any- where in it. But that it must be somewhere therein all the judges agreed, after long time for consideration and many debates; and because it was nowhere in that in- dictment, the judgment founded on it was reversed, and that reversal was afterwards affirmed in Parliament. The case is reported in many books, but best inl Li. Rayin., 1; Comb., 257; Carth., 217; 4 Mod., 162; and Show, P. C.; 186. See alse’S. C. 12, Mod. 61; Skinn. 338, 360, 425, 412; 2 Salk., 630; 3 Lev., 396; Cas. Temp. Holt, 678. The in- dictment itself, in the ori; Latin, is set out in Sho. P. C,, 186, portions of which, it is submitted, may be correctly translated thus:—That the said Tucker and another indicted jointly with him, ‘not having the fear of God in their hearts, nor considering the duty of their allegiance, but’ moved and seduced by the instigation of the devil, withdrawing the affection and true and due obedience which the true and faithfal sub- jects of our lord the king,” &¢:; * towards our said lord the the king, should bear, and of right are bound to bear, and contriving and intending,” &c., “‘traitorously (prodi- torie) compassed, imagined, and® intended our said lord the king, their supreme and natural lord, to bring to death, and against our said lord the’ king, their supreme, true, natural, and undoubted’ lord, traitorously (proditorie) levied war,” &., “against the peace of our said lord the now ig. his crown and dignity, and against the form of the statute in such case made and provided.” And to maintain it, in spite of its wanting such a conclusion as has been above men- tioned, or any distinct averment to the same effect, it was earnestly pressed that the want of such conclusion or such distinct averment was supplied (1 Ld. Raym. 2; Comb. 258) by the words «‘ nor considering the duty of their legvance,” (Skinn. 360; 2 Salk. 630), and by the words “‘Cagainst our said lord the king, their supreme, true, natural and undoubted lord, levied war,” (Carth. 318; 12 Mod. 52; Cas. Temp. Holt 679), and other expressions to the like eflect; which, it was said, necessarily imply that Tucker was a liege subject to the king, and congesequently that this treason was committed by him contra tie ue debitum;”” and also (4 Mod. 163; Sho. P. ©. 187) by the adverbial “epithet —‘traitorously”” (prodiorie > which, it was said, necessarily carried with it the wh implication: But all in vain; though it was agreed that that adverb was necessary, while, as to the other expres- sions 80 relied on, they were needless. And acoordingly the law has been held ever since. (2 Hawk. P. C. ch. 25, sect, 65; Com. Dig. tit. Indictment, G. 6; Bac. Abr. tit. Indictment, G. 1; 4 Blackst. Comm. 307; 1 East's Oro. Law 115; 1 Chitt. Crim. Law 242; 1 Stark. Crim. Plead. 69-70; 4 Comm. 376.) Nor is it material, in this aspect, whether the person accused be # subject or citizen, by birth or otherwise, or a stranger; for, even in the case of the latter, the thing or things alleged as overt act or acts must be charged, in terms or in effect, to have been done traitorously and against the duty of allegianee. (Dyer 1454, pl. 62, Sherley’s case; 7 Rep. 6 a—b, Ferrara de Gama’s case, cited in Calvin's; Hob. 271, Courteen’s case; Co, Litt. 120 a; 1 Hal. H. P.C. 69; 1 Hawk. P.O. ch. 17, sect. 5; Fost. Gro. Law 186.) And, moreover, they must be proved to have been done so; for even the presence, unconstrained, of a stranger in a country, if not under the protection (express or implied) of its laws, will not sub- Ject him to the consequences of allegiance, evon local and temporary, £0 as to bring anything which he can do within the crime or the penalties of treason. As, in the case of Perkin Warbeck, who being an alien, and invading the kingdom with an army to claim the crown under pretence of being a son of Edward the IV., and being taken prisoner, it was resolved by the judges that he could not be proceeded against as a traitor. (7 Rep. 6. b., Calvin’s case; 3 Inst. 11.) Whether any such indirect allegations of allegiance being due as were found in those parts of the indictment against Tucker, which stated that he and another did what was charged to have been done by them, in dis gard of “the duty of their allegiance,” and ‘ witndraw- ing the affection and true and due obedience, which the true and faithful subjects of the King should, and of right were bound to bear him,’ and “intending to bring to death the King on the throne, their supreme and natural lord,’ would have been sufficient, under a statute couched in the very words of the 12th section of V.C., 1849, c. 207. It is not materia! to inquire, inasmuch as in the count now in question there are not to be found expressions, or asingle expression, of like character thereto. ‘The per- gons accused may have done everything charged against them in the character of filibusters trom Cuba, making hostile invasion from the time of their first touching Vir- ginia soil, and therefore never owing her aught of alle- giance; for anything that appears in the said count, unless some implication of allegiance may be made out of the ad- verbs ‘feloniously and traitorously,” and the adjective “treasonable” applied, the former to all that is therein alleged to have been done, and the latter to the alleged “ends and purposes” of the persons indicted. Any such implication is supposed to be sufilciently rebutted by Virginia authorities of the very highest character, and in very great number. ‘The statutory provision in V. C. 1849, c. 207, 8. 12, has been in words to precisely the same elfect in force ever since Ist April, 1804. (Sess, acts1803-4, p. 63, c. 95,8. 6; 3 Sheph. stat. 75, c. 95, 8, 6; 2R. C, 1814, p. 38, c. 34, 8. 6; 1R. C. 1819,p. G11, c. 160, 8. 44; Sess, acte 1847-8, p. 1447 ©. 120, title 3, c, 20, sec. 11.) ‘And since that date it has been decided, after verdict, that an indictment charging goods to have been ‘‘feloniously and burglariously”’ taken from a dwelling house, without charging in other manner that this was done in the night time, is not a good indict- ment for burglary, but is only an indictment for larceny. (4 Leigh 658-60, Comm. y. Marks.) That a presentment for gaming, which charges defendant with playing at an ‘“un- Jawfal game at the house of R. Lipscomb, in the town of Brentsville”’ is fatally defective in not charging that the house was an ordinary or public place, so as to show otherwise than by the ‘adjective applied to it, that tho playing was an offence. (4 Leigh 674, Ford y. Comm.) ‘See also 10 Leigh 686, Roberts v. Comm.; 13 Gratt. 787, ishop v.Comm.; 14Gratt. 65, Huft y. Comm.) And that an indictment is bad which charges that on a certain day the prisoner “‘fetoniously’” had in his possession twenty jeces of base coin, without otherwise showing that he had them in his possession at oneand the same time. (14 Gratt. 687, Scott v. Comm.) In this case Judge Daniel, ia whose opinion the rest of the Judges concurred, said:— “The detect is not heiped by charging that the prisoner ‘feloniously’ had the twenty’ pieces in his possession. ‘To make the count good, it does not suffice to style the pri- soner’s offence a felony. It is absolutely essential to the validity of tho count, that it should also distinctly set out and charge the acts which constitute the offence.” (14 Gratt. 692-03.) (Seo also 2 Virg. cases 122, Barker vy. Comm. ; 2 Leigh 709, Jacobs y. Comm. ; 4 Leigh 692, Comm. v. Peas; 2 Gratt. 629, 8. C.); especially whut is said by Judge Lomax in the last cited case—2 Gratt. 637-41. In V. C., 1849, chap. 267, sec. 10, there is a provision borrowed ‘froma late English statute, viz:—“All allega- tions unnecessary to be proved, may be omitted in any indictment or other accusation,” which is not known to havo received any, much leas ‘any complete judicial ox- positors either in England or in Virginia. But as this pro- vision is not contined in its operation to cases whercin there bas been a verdict, but applies no less upon a de- murrer, it is supposed that it can in this case apply only to such pease that the persons indicted had not the fear of before their eyes, but were moved and se- duced by the false gad malignant counsels of other (evil and traitorous) persons and the sation of the devil, which have been industriously inserted, while all issuable allegation of the dha £0 indicted being bound by any allegiance which they had violated, ta as induetriously ex- cluded, and for the very purpose of avoiding at the trial any investigation into that point. It is supposed that since this statute was made, as well as before, it is necessary to state in an indictment e' ing material to be true, no matter on which side the burden of proof may rest; and, therefore, to charge in an indictment of the accused owod allegiance, without which the crime it- self cannot exist. And it is further eupposod that it is still necessary 80 to charge, even if it be necessary to allege only thai whereof the burden of proof rests on the prose- cutor, for that in a prosecution of treason the onus proban- dé touching that point rests in the first instance upon the =, nO matter how soon the burden of disproving it may be turned upon the accused. Therofore, your etn is advised that clearly the judgment aforesaid against him ought to have been ar- rested, and ought now to be reversed, unless a diferent result is to ensue from the circumstance of there being other counts in the same indictment ander the provision of V. C., 1849, chap, 208, sec, 34, “that when there are several counts in an ‘indictment or information, and & generat verdict of guilty is found, judgment shall be entered one the accused, if any count be good, though others be fanity.”” It is submitted that tho stuiats does not reach this case, for reasons kimilar to those which heretofore led to the overruling of Kirk vs, Comm. (9 Leigh, 027), by the subsequent casos of Mowbray vs, Comm. (11 Leigh, 643), and Clere vs. Comm. (3 Gratt., 615); for this peculiarity distinguishes the present cas from, ordinary ‘cages, indeed, from any, it is believed, that has ever hitherto come before the courts of Virginia— namely: that if the judgment rendered against your putl- tioner on all the counts, including the defective peed stand, then he is put out of the reach of exesutive clemency; whereas, that clemency would be logally capable of being extended to him if judgment had buen entered against him on only the other counts of the in dictment, and he would bave stood in no need of it had defective count not boen associated with the rest, but been the whole indictment By iteelf, And even if the statute does reach this case, still, as your petitioner is at vised, that has happened in the’ ease, as appears in the transcript aforesaid of the record, which nevertheless entitles him to have the said judgment reversed; for th: said statute contains, in addition to those formerly quoted, these words:— But on the trial, the Court, on the motion of the accused, may instruct the jury to Wisregard any count that is fauity.” No argument or citation of autho rities, though both are abundant, is necessary to prove that where a statute says a Court may do what justice anc right equire, in the administration more especially of criminal Jaw, there it is the duty of the Court so to act, and that if it do not, error is thereby committed. Now, your petitioner applied himself to the Judge of the Gircuit Court on this subject in two ways, oither of which entitled him to have, and entitles nim now to complain that he did not have the benefit of an instruction from the Court to the jury to disregard this faulty count, agreeably to the decision in Rands v3. Camm. , 9 Grat. , 738, 719-62. “For, firat, as appears in a bill of ex. ceptions, signed and sealed by the Judge, and to be found in the transcript aforesaid, page 13-14,’ your petitioner at the trial moved the Court to compel the prosecution to elect one of the counts in the indictment, upon which to prosecute, and abandon the prosecution ‘upon the other counts; which motion was entirely overruled, and the prosecution allowed to proceed upon all the counts, mn- cluding even the faulty one, instead of being stopped upon at least thatone, This was afterwards made thy first of the several grounds alleged in arrest of judgment, ss eppears ina Dill of exceptions heretofore mentioued, and found in the aforesaid transcript, p. 15. And second: ly, a8 appears in another bill of e: tions, signed and sealed by the Judge, and to be found in the said tran. ‘script, p. 14, your itioner moved the Court to instruct the jury, that, if they believed from the evidence, that the accused, af the time of the committing the several acts by him in the said first count charged, was not a citizen of Virginia, but a citizen of another State of the United States, they could not convict him under that count; which motion the Court overruled, and refused the in: struction, and there left the matter, with the result eventually of a verdict and judgment against your peti- tioner on that count, instead of the prosecution having been, as it ought to have been, then stopped on the said count, for ite radical defectiveness upon the very point brought forward in the said motion, Un these grounds your petitioner well hopes that the said judgment against him will be by your honors review ed and reversed, for the faultiness of the said first count but if bis here rest upon any fallacy, he is advised that the verdict ought to be set aside and a new trial awarded him, for the miscarriage of the Judge in refusing to give the instruction so asked. For, if a judgment coula ‘aa ond be rendered against him on that count, it mus! e becaluge, even as it was framed, the question of allegi ance or non allegiance in the accused, so fundamental to the treason imputed, might be inquired into uader it And, if 80, it was wrong to withhold the instruction. The circumstances in were, that your tioner hat never been a resident of Virginia, though 5 had some times been in the State; that be was latterly commorani in the State of Maryland; and that from his place of abode there he came modo querrino into Virginia at the time of committing the hostilities charged as acts of treason. Now your petitioner is adv’ , that he might be a citizen of Maryland or any other State (but Virginia) of the United States, without being a citizen of Virginia, owing allegi- ance to her at all, so long as he remained out of Virginia; and that he might, in that conditien of his citizenship, come into Virgmia Without contracting allegiance w the State, go as to incur the penalties of treason, if he came in the manner of an enemy, 80 as not to entitle himself to the protection of her laws, allegiance and protection being reciprocal. (1 Blackst. Com. 366, 871.) In the same manner as citizens of Virginia will not contract allegiauce. or incur treason to any other State, if they ghail so invade it. And it it be possible that a citizen of some other State in the United States can be in Virgi- nia by his own act, in any manner without being a citizen of Virginia, then the Judge erred against your p/uon r in withholding the instruction asked and refused, ‘The second count of tbe indictment is framed under the 4th section of chapter 190 of the Code, page 722. It charges substantially that the same parties charged in the firet count «id each severally, maliciously and feloniously , conspire with each other and with certain John C. Cook, John Kagi, Charles Tidd and others to the jurors unknown, to induce certain slaves named, the property of certain pergons named, and other staves to the jarors unknown, to rebel and make insurrection against their mastors and owners, und against the government, constitntion and laws of the commonwealth of Virginia, and did malicionsly and feloniously advise said slaves named, and othe to the jurors unknown, to rebel and make insurr ‘The finding of the Grand Jary in reference to the charges contained in the second count (for there are four churges contained in it, to wit: advising and conspiring to induce slaves to rebel and to make insurrection, and advising siaves to rebel and make insurrection) is as follows, to wit: “ For advising and conspiring with slaves and others to rebel.” ‘The finding of the petit jury in reference to this second count it is inferred (for the verdict does not, by its own terms, refer to it), is a finding of the accused’ “guilty of advising and conspiring with slaves and others to rebel.”” On ‘second count itis remarked thatthe verdict,which is entirely abstract, does not show what slaves the accused is found guilty of advising and conspiring with to rebel, whether the slaves named in the count, or other slaves therein referred to as being to the jurors unknown; nor does it appear by the verdict whether, by the term others, is meant the other four persons, to wit, Stevens, Coppie, recharged in the indictment, and John C. Cook, &c, or others to the jurors unknown; and whether or not the term others in the verdict was designed to designate and does designate free persons, or slaves, ar both. This finding, it is submitted, is altogether too uncertain to warrant judgment upon it, aud judgment should havo been arrested upon the principle settled in Marshall's case (5 Grattan, 663) and Cocke’s case (13 Grattan, 750). See also Peas’ case, 2 Grattan, 629. ‘The third count charges the same parties named in the Ist and 24 counts with severally, on the 16th, 17th and 1sth days of October, 1859, teloniously, wilfully and of, aud each of, their malice aforethought, killing jour white men named and one free negro named, giving to each of the persons so Killed one mortal wound, by shooting them with Sbarp’s ritles—describing the wound upon each, of which wound each died—and thereupon it is alleged that said parties charged, feloniously, &c., did killaud murder, in manner and ‘orm’aforesaid, the said parties. The fourth count is precisely the same with the 3d, with the exception that it charges Brown, Stevens, Coppie and Green with committing the acts resulting in the homi- cides, and Copeland with being present, aiding and abet- ting the others in their commission. ibe finding of the petit jury (it is inferred) upon these two counts, is “a general finding,” without referring by ite terms to the indictment, or any part of it, as follows, to wit:—Guilty of murder in the first degree.’’ The verdict does not state for the murder of whom the accused is found guilty, nor whether of one or more: nor upon what day or days; ‘nor does it contain any reference to the indictment, by which it might be rendered certain, if the imdictment would serve that end, which it is insisted it is too uncer- tain todo. If the finding be interpreted to refer to cithor or both of the third and fourth counts, then Brown is found guilty of inflicting one mortal wound with a Sharp’s rifle on the body of each of the persons alleged to have been killed, on three several days, thereby killing each one of them—and that each of the others charged com- mitted the same acts upon the same parties, at the samo time, with a like weapon, and with the same result, It ‘is submitted, that the cases already cited from 2a, 5th and 13th Grattan, apply with conclusive force to this finding, and justified, indeed required, the arrest of judg- mont on the finding for which the prisoner moved in the court below. But it is insisted that these counts (third and fourth), upon the face of each, are so uncertain, that if the jury had found specifically on each, ‘‘guilty on the count ag in- dicted,’’ that the Court could not, by reason of uncertain- ty, inconsistency and contradictory allegations, have le- gally rendered judgment upon such verdict. It is submitted that the Court below erred in refusing to est the motion of defendant to compel the prosecution to elect:— ist. B-cause the first count of the indictment was in- tended to charge treason, and of that offence, it is alleged, accused is cou icted, and for that oftonce he’ is sought to ‘This offence is not pardonable by the Exe. cutuve of the Commonwealth, an? should not, and could not lawfully have been united in the same indictment with offences pardonable—and this, notwithetanding, the pun- isbment of all was the same. Aman shall not, by such joinder, be embarrassed or obstructed in his application for pardon Soe Ist, Starke’a crim. plead., chap. 6, p. 69. 2d. Because the punishment upon conviction upon each count of the indictment, was not necessarily the same. ‘The punishment upon conviction upon the first and second counts, was necoesarily capital, whilst a conviction upon the third and fourth counts, or’either of them, might or might not subject him to capital punishment. Theso counts charged only common Jaw murder—murder in the second degree: that is to say, if only the facts stated in the indictment were proved, the jury must have found murder in the second degree. To authorize a finding upon which the accused could be punished capitally, the prose- cution nrust satisfy the jury, by evidence, that there was deliberation and premeditation. The accused might have been found guilty under these counts, of manslaughter, or of a mere misdemeanor. Motions to compel election, it is said, are addressed to the discretion of the Court, and it is to be inferred, were in the opinion of the judge below to be made before the jury was sworn, and not afterwards. It is submitted tt this discretion is not unlimit- ed, and relates evidently to cases of the same nature and grade, requiring, upon the face of the indictment, the same judgment generally described as growing out of ‘the samo transac- tion, or to cases alleging the same offence in different counts, and not to cases like the one under consideration. See 10 Gratt., 708; Lazier’s case, 9 Grattan, 727, Dow- 1y’8 case. In Archbold’s Criminal Pleadings, page 35, it is said that the motion to compel an election may be made at any time before the jury are charged. As there is no charge to the jury in Virginia practice, it is submitted, that itmay be made here at any time before the jury retire, which, like the charge in England, is the eiving tho case to the jury. It is ol also, upon the part tho nocused, that the second, third and fourth counts are all double, and that the verdict, if it shall be regarded as a finding upon theso counts, ignores, ly a8 it regards the second count, ‘a part of the charge, ‘advising and conspiring to induce Slaves, &o., to rebel,” &c., (Seo 14 Grat. , 687, Scott’s case, and Va. Code, chap, 208, sec. 28, p. wit), a8 to sentence when y- indicted for felony is acquitted of part of the charge in the indictment and convicted of part. Without this statute there could be no judgment even upon a find- ing that responded to the whole Koel and, a, i, there can be none upon the finding in case, especially upon that relating to the second count. JOHN BROWN, By his counsel, Samt. Carron and Wx. GREtw, The Court, after a long interval of retirement, entered the court room, and through their President, the Hon. John J. Allen, aunounced that the Court, being unanimous in the opinion that the judgment of the Circuit Court was right, they refused to grant the prayer of the petition. ‘This determines Brown's fato unless the Covernet or aa should interpose, which is by no means pro- le. Oar St, Paul Correspondence. Sr. Pavr, Minnesota, Noy. 8, 1859. A Coach to Fort Garry— Progress of Northwestern Commu- nications—A Steamboat on Red River—Probability of a Weekly Matt to Sclkirk—Ihe International Question, de. Forts Abercrombie and Brickenridge are situated near the head of steamboat navigation on the Red River of the North, in Minnesota. During the summer of 1859, the contractors for the weekly transportation of the United States mail from. St. Paul to these points, named Messrs. J. C. Burbank & Co., have performed that service with Concord post coaches, adjueting their stations at convenient intervals, and making the trips with regularity, ‘This enterprise was undertaken with the expectation that the steamer trans- ported from the navigahle channel of the Mississippi to Red River, during the winter and spring of 1859, would connect with the coaches, The vessel required repuirs to such ah extent 48 to postpone this arrangement to the next season of navigation. The steamer will be fully ap- pointed in June, 1860, to eflect such a communication. Meanwhile, some British offlcers arrived in St. Paul on their way to Fort Garry, at the Selkirk settlements, Undor the circumstances, a coach, with four horses, was des- patched to their remote point of destination, and a fow ays ago the stage arrived on the return trip, bringing the officers who had boon relieved by the outward bound party, Tho round triy was within thirty days, demon- strating that by cow Journey from St, Paul w Sel- kirk can be made in two works. This time will be short. ened by the steam navigation on the Red river, whish, notwithstanding the discouragements of the present seusan, can now be regarded as a fact accomplished. Indeed, the Fastern public may expect a considerable impulge next year in the direction of the fortile basin of Lake Winnipeg. A weekly mail through Minnesota to the pmique but interesting community at Selkirk is anticipated with confidence, and will doubtiess enlist the co-operation of parties on both sides of tho interuational boundary. The relations of the Northwestern States to the valleys of the Red River and the Saskatchewan are already recoguized as of commanding importance, affecting intimately the mail and revenue service of the United States, and destined, with the extension of steam navigation over immense areas, to work great commer- cial results. ‘The question is bere propounded, whether the admin- istration of Mr. Buchanan, while giving due attention to the operation of the reciprocity treaty between the At lantic and Lake provinces and States, and resorting to very decisive measures for the pacification of the North- western frontier, will not likewise scize the occasion to adjust, on a definite footing, the mutual interests of the Northwest with what may be not improperly styled Central British America, viz, the immense and fertile basinof Take Winnipeg and tho settlements ef the Hud- son Bay Company. It is a highly favorable juncture for the President, who probably has more influence with the Court of St. James than any other American statesman, to consummate an international adjustment, which is de- manded by the interests of both nations, but most emi- nently by the communities which are only separated by a water line to the western limit of Lake Superior and thence to the Pacific by the intangible frontier of a parallel of la- titude. The international question, as bearing upon the interests of the Northwest, must not’ be ignored. The Post Ofice Department has dove much to effect its solution; and the late visit ot a Concord coach to Fort Garry is said to have produced a profound impression on the population—al- most equal to their mingled atmiration and fear at the ap- parition of the steamboat on the waters of the Red River— a small incident, perhaps, but its importauce may extend far, influencing the fature on a scale not immediately ap- parent, but none the less the logic of events. ELoreMENt From Camprta County, Pa —On the 5th of October last Adam Kemerer, who held the office of constable in the borough of Millville, ieft his home upon pretence of going to Blair county for the purpose of arrest- ing a man for whom he said he had a warrant. On the same day the wife of George Beam, of Roder township, left her home to visit her mother, as she said, at Freeport, Armstrong county. Nothing has since been heard from them, and they have, doubtless, gone off together. The Johnston Tribune says:—Kemerer, besides being constable was algo collector of State and county taxes for Millville borough, and took away with him sume six hundred dol- Jars of the public funds, He owned a house and lot in Millville, which wo are told was uuencumbered, ana which has been éeized by his bail as secnrity for the taxes taken by him. He left behind hima wife and three chiidren, and his guilty companion left two children to the care of her deserted husband. It is thought taey have goue to California. BOARDING AND LODGING. PRIVATE FAMILY, WITHOUT CHILDREN, HAV- ing @ pleasant front Bedroo:n to epare, Greif Foquired, would. let the unin. vith or ‘withow fall OF ven and |, to one or two gentlemen; referen: at otreet, Teqnired. Room can be seen by calling. mear Smith, Brooklyn, A SMALL PRIVATE FAMILY, RESIDING IN THIRTY. third atreet, between Fourth ‘and Fifth avenues, can ae- commodate ¢. gentleman and his wife or two single yentlemen with pleasant ‘Bedrooios and handsomely furnished Parlor, if required. Partial Board, The house bas all the roodern im rovemenis. The best of references required, ess A. D., Box 1,190 Post ofiee. a a BOARDING AND LODGING. ROOKLYN BOARD.—FOUR PLEASANT ROOMS TO let, furnished, with or + ithout Kuard, ina small privele family ; good board anit) privileges of home. Location leasant, Apply wt 42 Clymer street, between Bedford and ythe avenues, OARD—MUSIC.—A YOUMG LADY WILL DEVOTE Dart of her time to the {ost-.etion of music or French, ag ‘an equivalent to her own board, io a private family in New york or Brooklyn; she can bring four other boarders ‘ber OW femily) with her if desirable; fuily where there are ao otber headers preferred. Addr 6 full partiewlars, D. 8. P< st office, Brooklyn. OARD IN BROOKLYN.~TWO PLEASANT ROOMS TO let, witit Board; the house is pleasantly situated, not five ininutes? walk from three ferries. Apply at 77 Clinwoa surect, oue door from Livingston, Terms moderate, OARD IN BROOKLYN—WITHIN FIVE MINUTES’ walk of Wall street ferry.—A gentleman and his wile can be accommodated with a large pleasant Koom and Bed. room attached; also a Room suitable tor a singie geotleman; h jains modern improvements bathand gis Dinner at ‘ek Apply at 140 Henry stre*t, between Pierrepont ‘and Clark streets. JURNISUED ROOMS.—ROOMS TO LET—TWO SMALL roots, With crated, suitable tor single gentlemen, with or without partial tard. ‘apply at Gl Bleecker s:reet, a tow doors east of Kroadwny, URNISHED ROOMS TO LET—DOWN TOWN, WITH- out hoard —Nicely furnished front Rooms, at $1 4 per week. Fire if desired, 21 Raat Broad OCD AND CHEAP LODGINGS.—CLEAN AND COM- T fortable single Rooms, 26 to 37 centa per night; gentleman and wife, 75 cepts. Globe Hotel, corner of Frankfort and Wil- Mam streets, N. ¥. Open all night, ANDSOMELY FURNISHED BACK PARLOR ON first tloor, also front Parlor on serond tloor, with or with: out Bedrooms attached, with or without partial’ Board, at 67 Amity street, ARGE AND HANDSOMELY FURNISHED PARLORS: and Bedrooms to let, to gentlemen, without board, con- venient to car and stage routes. Apply at 84 Carmine street ‘OB. 1 AND 3 MONROE STREET, CORNER OF CA- tharine street.—Furnished Rooms, with Board. to ‘et to aing'e gentlemen, or gentlemen and their wives. mo- erate. LEASANT, FURNISHED ROOMS TO LET—WITH Board, in a private family. Inquire at 22 Waveriey place. HE ADVERTISER WISHES TO ACCOMMODATE TWO or three respectable SHUN men or young ladies with Koard and Lodging. or Board wishout Lodging; references ex- changed. Apply at244 Sixth avenue, between Fifteenth and Sixteenth streets, rear building. ANTED—BY A LADY AND HER GHILD, AN UN- furnished Room, with bedroom ‘communicating, with or without bourd, in a private family in the upper part of the city. References exchanged. Address, with particulars, T., 2,931 Post office. @ NELSON PLACE, NEAR RIGHTH STRERT AND Brosdway.—A suitof handsomely furnished Parlors, on the Grst tloor, will be let to a gentleman, or a party of gentle- men, on reasonableterma. The honse contains all the modern improvement, WOOSTER STREET.—FURNISHED ROOMS TO 12 ron TaSdeomse front Parlor oa the Gree ose eth gaa, fit for a doctor's office or a gentleman and wife; aiso single Kooms for gentlemen, atten and twelve shillings per week; to respectable persons only. 1D PER WEEK FOR A HANDSOME LARGE FRONT Room, furnished, with full Board to a gentleman and wife or te single gentlemen at 162 West Twenty-sixth street, near highth avenue. House first class. WEST ELEVENTH STREET.—FURNISHED ROOMS 16 Wrieton wird toor. “Terma moderate, “Apply clot doors from Broadway. (BROADWAY, ABOVE FIF- h street.) two single Rooms, aiso one Suit, to let, ; this is a desirable location; dinner at 6. Rete- od required, EAST TENTH STREET, NEAR FIFTH AVENUE.— 7 Jo let, with board, on frst floor, a Parlor and Bedroom; second floor, large front Room; third tioor, la Room, 9 SPRING STREET, THREE DOORS FROM BROAD- 7g way.—To let, several handsomely furnished Rooms, to singie gentlemen, the location is near all the first class hotels and places of amusement; attached to the house is a large read- ing room free. Inquire of ANSON HOUSE, 1 UNION SQUARE, teent Q] CUINTON STREET, BROOKLYN.—THE WHOLE OR 1 fart of Beooed Floor, farniahed or” unfurnsebads alse & Front Room, in be third s.ory, with Board. A gentleman and wife or single gentlemen will’ find the above a le loca tion. BLEECKER STREET.—FINE FAMILY FURNISH- 108 "Gitouns, end large Rooms t scoommonsn four genviemen together, to let, with Hoard: and front Room, ‘onnd floor, suitable for a ‘physician. Dinner six to seven. eferences required. 109 Wet FOURTEENTH STRERT.—LARGE AND well furnished Booms to let. with Board. Families or Single gentlemen wishing superior acco! ions may apply. EIGHTH STREET, OPPOSITE THE MERCAN- 143 ule Library.—Several pleasant and well furnished Rooms, with Board. Reterences ed. 20 WEST FOURTEENTH STREET. — DESIRABLE pomms. ngs pone eret ntlemen ere vives, Wi joard; the house contains modern rove- menis, and is conveniently located, Dinner at six, Refer: ences exchanged. A LARGE FRONT ROOM CAN BE HAD, IN A PRI vate house on Thirty-sixth street, uear Fifth avenue, with oard fr # gentleman and wife or Address Sox 2,55) Postoflice. A GENTEEL PRIVATE FAMILY WOULD LIKE TO Accommodate two or three gentlemen with Goard, and will sure them an quiet home. Location central, 83 a Fourth aud Bleecker. Beat of re- two single gentlemen, SMALL PRIVATE FAMILY, OCCUPYING A LARGE, goood house, in one of the best streets in Brooklyn, near the Fulton and Wail st. ferries, would like to rent one of 1wo Fooms toa single gentleman Apply to FOSTER & LOPSH house agents, ; hear Fulton. A GENTLEMAN AND WIFE, OR TWO SINGLE GENTLE men can find accommodations for Bourding at No 6 Wea ‘Twenty-fourth street, in the immeiine vicinity of Madison park, and opposite the Fifth Avenue Hotel. SMALL PRIVATE FAMILY WOULD LET, WITH exce lent private table if required, two Floors, coniain sitting and bedrooms, together or sepa nd- ished, with piano. gas, Gre and bath, in a. location, convenient to cars and stages, ‘Twelfih street, near Sixth avenue, very fine Apply at 53 West A -ZARLOR, BEDROOM AND BATH ROOM—SINGLE room $1 5) and $2 per week,or rented by the day. Board or meals sent to roome if desired, at the Cooper House, $0 Frank. Un street, cix honses west of Broadway. LARGE FURNISHED ROOM ON SECOND FLOOR of 763 Broadway, between Eighth and Ninth streets, to let to gentlemen; house newly furnished and painted; gas, bath &c.; Jocation pleasant and terms moderate. Apply as ve * SMALL PRIVATE FAMILY—WITHOUT CHILDREN, would let & well furnished front Room, suitable for one Or two persons, with good Hoard and the comforts of a home, References exchanged Apply at 122 West Sixteenth street. SPLENDIDLY FURNISHED PARLOR ON FIRST floor to let, to a gentleman and nis wife, or one or two single gentlemen; also n large suit of Parlors to let, suitable for a physician, and singie room also; rent reasonable, to sult the parties for the winter mouths. apply at 96 Prince street, BACK PARLOR OR FIRST FLOOR—WITH BOARD, toa gentleman and lady, or two single gentlemen, with ail the comforts of home; dinners at six; none but genteel par- ea; No. 18 Ashland place (Perry street), corner of Waverley place. FEW SINGLE GENTLEMEN WISBING NEAT AND comfortable Rooms can be accommodated by applying at 986 Houston street. OARD.—A FEW YOUNG MEN CAN BE ACCOMMODA- ted with good Board and pleasant Rooms in a private fa- milly. Inguire tls Hamilton street, between Market and Catharine siree OARD.—TO LET, WITH BOARD, IN A PRIVATE family, to a gentleman and wife, or two single gentlemen, a neatly furnished front Room, on second floor, with closets, fite and gas. Location pleasant, and the house contains the modern improvements. References required, Apply at $1 Morton st. pes BROADWAY, BELOW UNION SQUARE. OARD.—GENTLEMEN DESIRING TO RCONOMIZE Jn board, will ind good Board, on moderate terme, by ap- lying at 182 Grand sireet, nearly opposite the Udd Fellows Hall. Location central. “stages and ‘cars pass every two rites. OARD.—A PRIVATE FAMILY WOULD LET, WITH Board. an entire suitof handsomely furnished Rooms on second floor, to a gentleman and wife or a party; also a Parlor and Bedroom on third floor; the house is first class and plan. nant) cated on West Fourteenth sireet. Address G. F. G. F., Herald ofice OARD.—A FAMILY, OR A PARTY OF GENTLE. men, desiring a spacious Parlor ami extension an the first door, in a most desirable location, can be accommodated at No. @3 Lexington avenue. References exchanged, Terms moderat —_—<—$<—$< $< OARD.—TO LET, NEATLY FURNISHED ROOMS, with or without Bourd, to gentlemen and their wives or single gentlemen. ‘Terms low. Mest of reference given. Call at fy Wooster street, near Canal Baz IN jA FRENCH FAMILY — FURNISHED Rooms, with Board, to let to gentlemen, with the privi lege of lessons in French. Apply at Professor Dubos’ resi- dence, No. 42 West Twenty-fourth street, between Fifth and OARD WANTRD—BY A GENTLEMAN AND HIS wife and a single gentleman, between Le: and Sixth avenves and Eighth and Thirthieth streets, a furnished Parior, two Bedrooms, bath Room and Ciosets; meals in rooms ant family where there are no other ‘boarters preferred, Best of references will be given and absolutely req Address, with terms, &c. A. &. C., box 187 Herald office. fy WANTED— Ni) A seis a ae PRI- vate fat , where she can enjo; comforts of & qome, with a veaty Tenlehe front Moon aa And fie in the oom cation al it and west of Broadway. Address B.D. D., Herald office, - a OARD WANTED—BY A GENTLEMAN AND LADY; two Rooms: eijotning, with a grate for fire ip one prefer- red. Terms not to $8. A H. E., box 175 Herald office, stating location, 4c. OARD WANTED-—IN THE NEIGHBORHOOD OF Bigath baghon and oan ered once grate or stove, cloget req |; also dinner. o'clock. ‘Address JS. box S406 ‘Post oflce. : ps ct oath he Vg wer tele tk YOUNG GENTLEME! “(fe Goop babite "ean find good board leasant atl Mi ‘between Houston . on ESS OARDING.—A FEW YOUNG MEN CAN BE ACCOM: modated with Board and pleasant Rooms—erms. intd $9 00 per week~at Mra. TAYLOR'S, $81 Greenwich susee pened ote sete bandh et cites shnkine bainnteiong OARDING.—ONE OR TWO GENTLEMEN CAN F ee with Board and piramal Home apehee at 46 Bieecher street siete me Sigegeeerpenpeeresnereee OARDING OR LODGING.—. » B gon AN ‘A GENTLEMAN AND BIS Jated ee phe 5 with a plesoant and neatly fai second q also, s WWlet. A few young indive oan’ be aopum mreeh Bedroom Apply ab 13 Woower 26 FOURTH AVENUE.—TO LET, A SUIT OF HAND. some Rooms, neatly furnished, 'to a small fanily or few single gentlemen, witn tull or partial Board; the house bas the modern improvements. References exchanged. 2” BROADWAY.—TO LET, AN ELEGANT SUIT OF Rogme, well, furnished, on frat and. second ‘oor also single Rooms” House kept on the Waropean pla. Roe: auraut attached. ‘Table d’bote at eix o'clock. 3 ._.M.—LET ME KNOW HOW A COMMU NI s,cation will reach you. I must be eertain that it will get {o your own hands. Tt is of the utmost importance to yon and G**, Answer soon or it will be too late. DOFFY CLICKER. ALSE ONE.—MY HEART IS BROKEN; NEVERTHE less, T'll meet you at Brongham’s benefit, Wal lack’s Saturday’ night. ey NFORMATION OF MARY ANN WATERS, NATIVITY Newport, county of Tipperary, Ireland, supposed to be now living in, New York city, will be thankfully received by her cousin, Michael Meehan, 127 French’s Hotel, New York city, EFT HIS PLACE OF BUSINESS, 416 FIRST AVENUE, ‘on Tuesday morning, Nov. 15, Robert Pettigrew, aged 26 About S feet 10, black whiskers, black hair, blue eye ‘éress, brown Kaglan, and straw hat with black glazc which time nothing has been heard of him,” An; n concerning him will ve thankfully received by iis uncle, KOBT, PETTIGREW, Forty-sixth siceet and ‘Third avenue. RS. REID.—MY FRIEND IS_ IN THE CITY, Address a line through Broadway Post office, so that he can find something important. Answer immediately, and oblige DOVER WRIGHT. EAMEN WHO WERE IN THE U. 8, SHIP CONSTITU- tion in 1846, under Captain Percival, please call on THOS, BRAYNARD, 81 Wail aireet. 'WEET ONE.—WHAT NONSENSE! YOU KNOW I MUST go to Brougham’s benefit, at Wallack’s, on Saturday night- _.. LOST AND FOUND. |AUTION —THE PUBLIC ARE CAUTIONED AGAINST negotiating an acceptance of the undersigned for $2.5) dated Oct. 7, 1889. at five months from date, payable at Park Bank, New York; the same baving been ‘lost or abstracted from the mails. LEWIS W. TAPPAN. Boston, Nov. 19, 1)°G,L0st.SFIVE DOLLARS REWARD WIL, BE PATD by returning a small black and tan English Terrier Dog, about #tx months old, with brass collar and owner's name on it, to No. 4 River terrace, Hoboken. lOUNG—ON MONDAY, NOY. 21, A PAWN TICKET for a gold chain. Any'one proving property and paying gapense of advertising, cau recelve the same by applying at 386 Myrtle avenue, in the drug store of Elder & Couklin. OST—$20 RBWARD—A SMALL WALLET CONTAIN} ing $48: two $10 bills, the rest in fives and small bilis, to- ether with an Odd Fellows small chased Pin, between Mount Vernon and Harlem. “The finder wil receive the above rex word by returning it to Peter Bennett, Excelsior Hotel, White Platina, Westchester connty. p becca beaten i SRN LS Me AN OST—IN THE NEIGHBORHOOD OF FULTON AND Greenwich streeta, on Monday last, a gold linked Brace- let. Aliberal reward will be paid for its’ return to 28 Broad- way. Lost ox THE 28D INST, ABOUT HALF. Past Two o'clock P. M., going from No. 75 Carmine street to Twenty- third street, in Sixth avenue cars, a gold chain with gold eve ginssesattached. The finder will reveive a suitable reward ad thanks of the owner by leaving them at No. 106 Bast Twenty-eighth atreet. OST-ON FRIDAY, NOV. Il, EITHER IN NEW YORK or going from Williamsburg to Jamaica, a lady's gold cbain bracelet. The tinder will be liberally ‘rewarded by loaving tt at Spauiding’s express ollice, 240 Broadway. Lots ROLL OF BILLS AMOUNTING TO FROM $773 to $278. The finder will be handsomely rewarded vy call- ing at the Metropolita OST—IN CANAL STREFT, A BROWN SCOTCH Terrier slut; bad on & bisck coliar, with silver plate, marked Q. H. Thorne. Any person returning her to 16k Broadway will receive $5 rewar RELIGIOUS NOTICES. OBFOLK STREET M. BE CHURCH.—DIVINE SER- vices will be held inthis cburth, on Sunday, November H Preaching at 10}, A.M by Rev. Dr. Porter; at § o'clock My ‘Javes, and at 7 0% in the evi . Carlton, ‘The public are invited. "Beata free ee OF Rev HOTELS. enensigy HOUSE, G..N. PAPY, KUGUSTINE, H Kast Florida, FINE ARTS. : phy ARTIST HAVING SOME FINE OIL PAINTINGS, suitable for a and to dispose of them at & iow price, may apply 063 Domlaiet eae pl et beeen tn bnadhtcrenahnnhce SO MATRIMONIAL. A. R, S.—THERE IS A LETTER FOR ‘Madison square Post office. Be prompt with you IN your a awer. ——$—$—<—<—<—< <<< $< 188 CORNELI GAY WILL FIND ALETTER TO HER ‘address, Bentley's Express, Madison square, in answer to her’s of the 7th of last CORPORATION NOTICI = * (CK.—THE COMMITTEE ON FI- QOREGRATION NOOR THE, COMMTTREE ON Te ance yelook P. M., ia room No. 8 City Hall. Peres arene een meer tere pendiny maltiee, ot whom Jereby notified to be present at the abo ime and place, without further notification. JOHN J. BRADLEY, Committe THOS, W. ADAMS, on JAMES OWENS, Finance, | be good. 3 SALES OF REAL ESTATE. CHANCE FOR EVERY ONE —THERE ARE OVER A 5,000,000 acres of Lands, some of which are as fine as any aio pt eb abject to eairy | 0 Arkansas; prices ri from niriea made, Fants located, taxes paid, titles investigated informa tion furniahed to those who desire to inves: Ge Pritchard, general ed. A with stam) and agente, Jacksonport, Aree? 2? & ROOKLYN —THE THREE STORY BRICK HOUSES IN Livia baat, seraee ¢ ey Seba sale low. to close am en . ELD, 39 William street, iain Reema noe ee OR SALE—A BUILDING LOT, VE! Ww F within ten days, in Forty third street, ib ferk weet of Nua fpring’whtCneatyfrt*chas noua ho tet RY FORD, 162 Weat Thirty Ahird strect, for partlenlaya >” 'OR SALE—A BEAUTIFUL BRICK COTTAGE, SITUs ated on Penn between Lee and Bedford aj in the Nineteenth wai ns & Does desirable place cr “ rom Peck alip and new | a use is new and replete with every modern convenience. Terms easy. <A) iy ae 8. rye (bank), No. 3 Chambers street, or H. PRs, premises. OR SALE—IN WILLIAMSBURG, TWO NEW THRE *tory basement and counter cellar brick Houses, in good Styie, situated on Fifth street, near the terries. Terma Sint. Willake a good Jot in Williamsburg, Brooklyn or New Nork. Inquire of WM. CHAPMAN, 111 Fifth street, Wi rg. OR SALE OR EXCHANGE—A FEW LOTS OF LAND on Henry atreet, Brooklyn. A small farm, with dud a water privlogs, inthe nelahborhoed of New York, wou ferred in ei with particulars, Postomiee, X.Y ee sel a ‘OUSE WANTED TO PURCHASE—A NEAT, WELIG rs built and beso cwaling. House, CaS or ee RS ; Post office, with full particulars. et pe ‘Tbe sutncriber a for at sul r has for sale:— 520 acres of land in Missouri, 7,000 acres in Tennessee, Teegeeres in Georgia. 12,000 acres in Virginia, Which he will exchange, in oat or the whole, for good Mer- shancee or property on the Hudson river. Address A. H. Big re. TT? EXCHANGE—WELL LOCATED AND VALUABLE Lands in Ibinois, Iowa, Missouri and Wisconain, for Horses, Cerriages, improved or unimdroved Property in or this city. Some cash will be givem. Call at No. amare oe FOR SALg. . RARE CHANCE.—THE GOODWILL AND FIXTURES of a Barber Shop, No. 393 Eight avenue; for sale cheap, as the owner desires to leave the city. Inquire at 181 and Sullivan street, or at the shop. The ‘shop's now doing a business. A CHANCE FOR CASH.—A DRINKING AND DIN. ing Saloon in the vicinity of Wall street; rent very low- For further particulars apply to T. HARRISON, 61 Beaver st, DINING SALOON FOR SALE~IMMEDIATEDY, AT inthe cliy cud bear he. pristipas eta eo pees 2 r the prine 5; and well éstablished, C. UN THOMPSON, 8 Navsau street RUG STORE FOR SALE-IN BROOKLYN, LONG established, wel situated, and offering many advantaged fos person with small capital." Apply at $96 Fourth avenue, New POR, SALE-A STEAM ENGINE AND BOILER, IN complete running order, 12 in. bore and 30 in. stroke, For particulars apply to8. V. EELES, 62) Hudson street, ner of West Tenth sireet. me _ Sp Eee Fo... SALE—A CORNER GROCERY AND LIQUOR re, with 234 years lease; now doiug a cash buai- ‘an excellent chance for a new beginner. particulars ire of JOHN ‘BECK, corner of Houston and Eliza he SALE—THE LEASF, GOOD WILL AND FIXTURES of an established Laundrv, doing « good business, in one of the best localities. If rot sold. a with a mode- rate capital would be taken. It is well 81 for a middle x Address 2 ‘Woman. accustomed to such a business. E—IN BROOKLYN, A FIRST RATE Liquor Store, near the terminus of the Central Railroad, South ferry. Must be sold this week. Apply to JOHN DILLON, 17 Adlantic street. ss SALE—A TWELVE HORSE ENGINE AND LO. comotit ive Boiler, built at the Novelty Works; has been im PA te aed Sra? ad Ty ae OR SALE—BY STATES, A TIP TOP A NO, 1 PATENT for an article of great utility, used by every 7 inamufactured and pays large’ profit: will be sold § nal prices. Apply to the owner at BIGGS & SOUTHWICK’S, Si Nassau sireet, POR SALES A RARE CHANCE—HOTEL, RESTAU- rant, &e., complete, doing a first rate business, a main avenue near two of the principal railroad depots; Tease, everything in perfect order. . To be sold or ‘on account of the death of the owner. Apply to D. W. HOLLY, 82 Pine street, OR SALE-ONE OF SINGER'S BEST SEWING Machines. Has bern in use only three months. Call at 179 West Fifteenth street. ‘POR SALE-—THE STOCK AND FIXTURES OF 4 BOOK, mery, Fancy Goods and Newspaper Store for cheap. Apply at 15] Division und 17 Canaletreeis, entrance oa both sireets. F°, SALE—A WHOLESALE AND RETAIL LIQUOR Sant Ingnire of D. F, FOX, 114 Warren street; New: ‘ork. OR SALE—AT THE NEW YORK BAZAAR, 27 HOW. ‘street one span of bay 505 one Indies’ saddle Horae, price 4it Aue three Ber pained gat Horses ove apress Harness. one light Harnons, two ight top Wagons, two light business. Wazons, two doctors’ Wagons one stage ‘Coach, one Rockaway, ‘sia és OR SALE LOW—THE LUMBER, FIXTURES AND ood will of & Carpenter Jobbing Dusinees of twenty years standing, and now in successful operation, in the partof the city. Address J. I. box #19 Post oalee,” Owe ARE CRANCE—THE 8TOOK AND GGOD WILL ‘a well established Stove and House Fhenishing Buotvesy situated in a flourishing ety twelve miles from New York.on the line of one of the principal railroads. The above business will be sold at a sacritice, Satisfactory reasons given for aisporing of business. Terms made easy. A Je M. L, Gardner, 22 Mulberry street, No 0 CAPITALISTS. and fixtures of a replete with every convenience for carrying on an ive business, with or without the building. HART, MONT. GOMEBY & CO., 222 Chestnut street, Philadelphia. TPUE STOCK AND FIXTURES OF A JEWELRY STORB for sale, located on one of the principal streeta of Brook- lyn, now doing @ good business: price 000 cash Addresa With real name K. W., Herald office, for further particulars. 0 SHIRT AND DRAWER MANUFACTURERS.—FOR tale % ler & Wilson's Sewing Machines, with Shirt and Drawer Patterns. together with Tools and Fixtures com- plete. They are In a shop where the business has been carried, on for years, where plenty ¢f hands can be had who under- stand the business. Rent cheap, and within two anda half hours’ ride from the efty by railroad. ‘The very best style Shirts and Drawers in the city the past two sears have been manufactured at this esubilehment. Necessity only fo- duces the owner to sell. Address Shirt sud Drawers, Herald oltice, stating where an interview can be had. $10 —AMBROTYPE GALLERY FOR SALE.—NOW + doing over $100 per week. cost double the above sum to fitit up. ‘The owner is engaged in otuer business the reason for selling. Apply at 186 Eighth avenue. 5() —WooP. YARD FOR SALE, SIX HO 1.650. Boe? nacine nnd Crees koe Toceation kindling wood, five Horses, Carts, Wagons, ‘Tools and Fixtures complete. Lease at low rent; good. stock "of wood. Apply a Tenth avenue wood yard, 69 and Ol Tenth avenue, _REWARDS. 3, REWARD.STRAYED FROM THE SUBSCRIBER 2) on Monday. the 2ist inst , a small yellow Heiffer, with wrt, cocked horns, a small star in her forhead, white on the delly, hair pretty long, rising three years old, snd with ealf. ‘Whoever will return her to 143 Prospect street, between South Second and South Third streets, Je:sey Ci Few il Zgcelve the Pi TER McQUADE. above reward. REWARD.—LOST, ON THE NIGHT OF THE 22D inst., in Taylor’s saloon, corner Broadway and Franklin street, a sma)] diamond ring, chased. The above reward will be pald way, Up on return of the same to E. A. Jarvis, 58 Broad stairs. ee ene REWARD.—LOST, ON MONDAY MORNING, A © smal tinck and tad Terrien Dey abowt seven months with long ears and a white spot on hia ‘breash tail broker at the end, angwers to the name of Prince. Whoever will re- ‘urn him’ to No, § Leroy place, Bleecker street, will receive the above reward. —LOST, IN BROOKLYN, YESTERDAY MORNING, 10. Niocr sine peoc as poses contuining a cer> tifcate of $600 on the Nassati Bank, and bills to the amonnt of $80. The finder will receive the above reward by leaving it at the store, corner of State and Hoyt streets, Brookiyn, A. JOHNSON, $1 REWARD.—LOST, ON TUESDAY EVENING, Nov: 2, while riding in a red bird line stage from Thirty-second street, In Kighth avenue, to Fourteenth treet, in avenue B, @ lady's portemonnaie, containing about $70 im bills and oné five dollar gold piece, mostly city money. Those Felurning the above to the owner, a poor, woman, will receive her thanks and the above reward'at 113 Eighth avenue, near ‘Thirty-second street. patil R .—LOST, ON TUESDAY FVENING, 20 Res in goirg from the corner of Fifth street and avenue 1) to the corner of Canal street and Bowery, in a Bowery and Urand street stage, a Pocketbook, cont ‘37 {m bills, mostly on the Dry Dock Bank, und three notes drawn, In favor of Vietor De M, Upham, aciinst Chas 1 Morgan, arable atthe Fark Hank—two $00 aud one $75. The fadee wil I! receive the above reward by leav' @ game at the Novelty Iron Works, foot of Twelfth street, Bast river. ~ REWARD.—LOST, ON MONDAY EVENING, NO- 30 ‘vember 14, from 65% Breadway, a large mi uff and Cul: Whoever will return the same to 658 Broad ive above ward ‘DO questions asked. Wa ee ¢. HUMPHREYS. 5) REWARD.—LOST NOV, 18, ONE WOODEN BOX, 0) aban tres feet lng by He re arta by, 182 East Seventeenth street, Whoever will deliver same, or gilve information of its whereabouts to Moran, 168 Brosdway, New York, will receive Tew INAMELLED CHAMBER SUITS OF FURNITURE-IN E All colorsand styles, wholoesle: and retail, at $25 and at WARI WAROB, ; als and Onpal stroet, four doors east of