The New York Herald Newspaper, May 16, 1868, Page 4

4 SPIRITUALISM. The New Religion---Its Metaphysics, Bible Origin, Agencies and Influ- ences as Presented in England. Professor Home’s Experiences as an Infant and Adult Apostle. Eleven Millions of Believers in the United States and the Czar Alexander and Napoleon Under Instruction. How the Spirits Appear, Tilt, Tap, Touch, Read and Send Bou- quets and Cash. Spirits Never Give Information in Stock- Jobbing Matters. By mail from Europe we have reports of the daily progress of the great Spiritualistic money gift and adoption case of Lyon against Home, in London, down to its close. Vice Chancellor Giffard reserves his decision until an early day of the next term, being anxious, no doubt, to analyze—for he cannot find precedents—the extraordinary state of facts and in- Terences as to mental power, its tendency, control and motives presented to the court. ‘The testimony, as published in the HERALD to-day, develops seme most wonderful points in the doc- trine of spiritualism, more particularly the state- ments sworn to by Professor Home in person, Metaphysics of the New Religion—How the Spirits Appear and Why They Come—Pro- fessor Home’s Theory and Experiences—The Spirits Never Give Information in Stocke Jobbing Matters. VICE CHANCELLOR'S COURT, LONDON, APRIL 28, Lyon vs. Home.—This case, which is a suit for the restoration of the sum of £60,000, given by the plain- ul, Mrs. Lyon, to the defendant Home, the well known Spiritualist, while, as she alleges, she was under the influence of his spiritual manifestations, was resumed yesterday morning. “Mr. Druce, Q.C., who was addressing the court upon the plaintiffs case when the court rose on Fri- day, proceeded with his reply. He called attention to a letter dated 2d October, in which she speaks of the £30,000 as her own free gift, and argued that the defendant himself felt that there was something in the transaction which required more than explana- ton, and he (the learned counsel) could not conceive it possible that the plaintiff should have written to ‘the defendant that the gift was a free gift unless there had been something which led to that letter, ‘With regard to the wii! he called attention to the fact that the attesting witnesses were both strangers to the platotit? and friends of the defendant, remarking that it was perfectly clear that plaintiit’s version‘of that te of the case was periectly accurate, He hoped to be able to show that, while on the one hand Mr. Wilkinson had done nothing inconsistent with nis honor, the plaintif’s advisers had the vest grounds for dissatisfaction at the course taken by him. Mr, Wilkinson was @ strong believer in the powers of the defendant, His Honor asked the learned counsel whether that fact had appeared in evidence. The learned counsel said that it had appeared in the answer o1 Mr. Wilkinson, and read the following extract:—“The defendant Home is a person of ver) delicate constitution and extreme nervous sensi- bility. He has been, 1 believe, all his life subject to ‘the Occasionai occurrence of peculiar phenomena in his presence. Such phenomena hav. observed by several of the most pov of Europe and by persons of eminenc: professions and in literature and science, and by practical men of busmess under conditious when anything like fraud or contrivance was impossible. Various theories: e,been suggested by lanation connected with the most abstruse p! in biology and metaphysics, My own views on this subject are probably unimportant, but as charges and insinuations are made against me, and the sub- ject of Spiritualism is so misunderstood by the pub- lic, [have the mght to say that, having had my at- tention drawn to certain remarkable occurrences about eighteen years ago in the hot of & relative, and which continued for nearly twelve years, I have since that time occupied a portion of my leisure in inquirfog into the subject and arrang ing the various phenomena and comparing with the historical statements of iar occurrences, 1 have very seldom been at any seances, and that not tor many years, having entirely satisfied myself years ago of the truth of most of the pg op is, of the actual hap- pening—aud | have at the same time, and for many Years, formed and constantly expressed the opinion that it was wrong to beiteve in or act upon what might appear to be communications from the un- seen on their own evidence mereiy. I have invari- ably incuicated that uo such cominunication shall be received as of so much vatu if it were told by @ friend iu tais world, inasmuch as you know some- thing of your friend here and cannot know the identity or origin of the comimunicant. T have fre- quently referred to the passages in tie Old Testa- ‘ment, in which it is said that God sent a tying spirit, and to the directions given us in we New Testament to try or test the spirits. I have pursued the inqui under great misrepresentations and obliquy, and intend to continue it as long as I can, and 7 believe that ihe subjects af spirt visions, trances, ecsta- cies, prophecies, angelic protection and diabotical possession anciently recorded have already had light thrown upon them and will have much more. Y submit that I have a@ right to pursue the inquiry into psychologicat laws without being subjected to ridicule or abuse, and that the proof of supernatural occurrences 1s val- uable both in a scientuc and religious point of view. The mere physical phenomena, which the public erroneousiy ancy to be the whole of Spiritualiam, and which of course afford room ior spurious imita- Uon and fraud, are, in my belief, the most animpor- tant part of the subject, and have not for many years engaged my attention. In this inquiry are also Many persons of all tue professions and of the highest literary and scientitic attainments. The Piaintuf told ime that she was, and 1am informed 5 NEW YORK HERALD, SATURDAY, MAY 16, 1868.—TRIPLE tosign expressed fut: and she was in her and 8 tifactorily her wishes timind, Sine: tuat time I | have visited her aad Mr. Home on various occasions at her new lodgings at Albert terrace, and she never expressed anything but the sincerest aifection and t for her adopted son. I have seen her go = to him when he was cn the sofa and kiss him wit t affection. Her great desire seemed to be that ¢ should recover his health and create a sensation in society by tal @ more active and prowinent part than his position had hitherto enabled him to do. The witness then went on to deny that he had ever influenced the plaintiff. Dr. Hawksley, the other attesting witness, said that he had had ample op) estimate of the defendant’ r, and ib was only simple justice to him to say that he never found in him ing inconsistent with truth, honor and t int im consequence of a letter which a Ea ae a for al e Ee eaamne act Sellar maw 4 joctor ‘on’s conduct to the defendant Home an- consistent with the idea that he exerc! infu- ence over her. He also said that she to en- tertain reatest aitection for him. Miss Hltzdbeth Fuller said that she had never heard apy moteee sek more affectionately of her gon than plaintiff of the defendant. The tii gaid that she had given the defendant money, irre- spective of his being a Spiritualist, The tii was a business woman, . Gerald Massey, of Ward’s Hurst, Herts, in his affidavit, said—On the 28th of December, 1866, { met Mr. Home and Mrs. Lyon for the first time, It was at the house of Mr. and Mrs. Samuel Carter Hall, ‘Since that time I have seen a great deal of Mr. Home, and have never had the slightest reason to look upon him other than as @ man of the most honorable character and kindliest disposition; in fact, a gentle- man whom ! should judge to be quite incapable of any suci business as has been laid to his c! » In “company with Mr. Home I called twice on Mrs. Ly: and once I called alone and breakfasted with her, al her lodgings at Knig! and sat aione with her for several hours and on each occa- sion she went more or less over the story of her meeting with Home, and told me her motives in adopting him as her son and heir, She said that since tue death of her husband she had be®n aloue in the world, having nobody to care for her. She had adopted Mr. Home as her child to have some one to love, Some one to show her uffection to. She had given him £80,000 right off, she said, to make him dependent of everybody—independent even of hersel!, so that there should be nothing ambiguous in their relationship in the eyes of the world. I un- derstood her also to say that she should make him the inheritor of the remainder of her wealth. She stated that she had sought out Mr. Home and not Mr. Home her. She had sought him out in the first instance, she observed, because she was a believer in what is called Spiritualism, She haa been a believer all her life, and accustomed to have visions from her childhood upwards. Of these she related several, being very anxious to impress me with her great natural gifts In this respect. Among other things | remember she told me that Afr, Home had been shown to her in one of her visions, and that she had recognized him immediately they met, Indeed, she said that her husband before his death had foretold lier adopting a son, She stated the number of years she was to be after her husband’s death, and toid me the time wasup. She said she Knew Mr. Home as the son of her adoption the moment she set eyes upon him, She was very open 1 Speaking of what she had done for Mr. Home and of what she intended yet to do. In regard to her gift of so large a sum, instead of making him depend on her lor an allowanye. she asked me if she had not done rightly. I replied that L thought she had done an uncommonly handsome thing. inquired of Mra, yon if she had acted from anything said or done at any of Mr. Home's seances, ‘She assured me most emphatically that she had not, and that nothing of the sort had taken place at their early interviews beyond her sere liking. She took constant de- light in hearing Mr. Home relate his astonishment at her proposals, her gifts being so unsought and unex- pees aud from what I saw of Mrs. Lyon I should ‘ake her to be one of the last persons in the world to be influenced by any willsave her own. Forexampile, she has tuken a dislike to something done by Mr. Home’s son, and nothing could soften her feelings against the chiid or bend her resolute will, although this was very painful to Mr. Home, Her mind was made up and there was nothing more to be said. From all that Isaw of Mrs. Lyon’s relationship to Mr. Home I should say that her will was tie doml- nant one. She yiade him do pretty much as she pleased, even to the going on errands for her and carrying home trivial articles for her. She called hun her chiid, and assuredly treated him as one. I Isaw him do very humiliating things and put up with very strong displays of Mrs. Lyon’s will. Lonce remarked to him, “1 could not stand that yor £30,000 ayear.” His reply was, “Oh, you do not know mother; she likes to have her way, but she is kind- ness itself.” I saw plainly enough that she liked to have her way, and [ saw that she had it, Mrs, Lyon expressed herself as being made ver, happy by what she had done, and she was _very lavish in her marks of affection towards him. He was once speaking of some hardship he had nosrnrosla early life, where- upon Mrs, Lyon embraced him, wept over him real tears, and said how glad she was to be the means of preventing anything of that kind ever again occur- ring. She was at times excessively aifectionate, A more cynical looke-ron might have surmised a some- thing too fond and fervent. I only thought tt a rather stentatious exhibition af late motherhood, Several other witnesses spoke to the business ca- pacity of the plaintiif and her affection for the defendant. Dr. James Gully, a gentleman who had known the defendant for some years, in his amidavit sald that in June, 1867, after Mr. Home left him and he heard the cruel measures Mrs, Lyon was taking against him, he wrote to ask her what he had done that she should so unjustly seek to insult him, and in reply to that letter she said, “You have only heard an In- vented story from beginning to end. I would explain it to you, but truth is best spoken, not written, for then if a person has judgment and com- mon sense he can at once discern for himself truth from falsehood. You have your eyes shut by the medium of falsehood; mine have been opened by the medium of truth, Tshall be glad to see you when youare in London, and am yours, &c.’* He had during the past seven years Witnessed both in his own house and elsewhere, in the presence of Mr. Home, many curious occurrences, which he was unable to explain. Home had often refused money nces, and he had known him refuse twenty guineas for a séance. Catharine Berry sald—I am acquainted with the plaintii?, and have been so since the year 1847, I should hardly call myself a spiritual medium, My hand is used by some unknown power, and the re- sultisa drawing with a ae or crayon, or olis, which { do not draw myself. I have a niece, Emma Bei She is a child 11 years old, but she has com- muni ions always when we are sitting for them, and frequently when we are not. I have had s‘an- ces witli tue plaintit. I was present at a séance held at my house on the 7thof June, Plaintiff, Emma and Mr. Kent were present. Plaintiff asked all the questions, We were sitting round the table placing our hands upon it, and in afew minntes “tilts” came, not “raps.” We are not rapping mediums, The “tilts” denote that there is a spirit waiting to com- municate, Plaintiff asked whether it was the spirit of Mr. Lyon, her late husband. The table tilted three times. Plaintiff then asked questions relating entirely to the atfairs of herself and defendant. The spirit denied having given authority for any money belot to plaintiff to be given to Dan. con. wersation lasted about ly minutes, The spirit then told us to move the table and make the room dark. In a few minutes a shower of sweet willtams were sane ie table, and A a — wrapped in tissue paper were placed u ¢ table. I asked if they were for platntit, ana the oat and belleve that she is, still greatly interested in this | answered one for her and the rest for yoursell inquiry, although it appears she had conceived a dis- | did not produce any of these thi like for the defendant Home, and has been, as I am I think I could swear that no mortal did. In fact I could swear so. Joformed and beileve, induced by others to charge | The witness then spoke of a seance which she had in him with imposition in order to get back the money, ‘The plaintit told me that she oy subject to super: natural occurrences herself, and she told me some most interesting anecdotes of what had happened to her.’ The learved counsei said under those circam- stances it Was most unfortunate that the plaintiff selected for her personal adviser such a person as Mr. Wilkinson, not only on account of his being friend of Home, but also on account of his entertain. | ingcoe @ belief. ir. Fischer followed on the same side, direct ing attention to the defendant's answer as an evide of the wholesale manner in which hes ing those portions where he states: States of America, I believe, about eleven iillions af rational people, as well as a very great nminber in every country in Burope, believe as 1 do thet spiritual beings of every grade, good and bad, can and doat times manifest their presence to us, awl 1 cv tiously believe, as all the early Christians di man is continually surrounded and proie: tempted by good and evil spirits.”’ Mr. Matihows then addressed the court for the de- fendant Howe, after which the affidavits of a larg e United | him £500 a vear at least, | | she had thought of that, the presence of qe plaintiff on the 14th June, when similar remarkable manifestations occurred, but on that occasion the spirit was heard to walk heavily about the room. The plaintiff asked it the questions, She asked the spirit whether it approved of what she was doing, and the answer was “Yes; go to law, and be firm.” She then asked whether going to law Would get her out of difficulty, and the answer was “Doubttul.” The plaintiff also asked the spirit whether he approved of her lawyer, but the spirit Judicionsly refrained from answering. Mrs. Hall, an authoress, said that the defendant had given his seances without paym nt, that he was an honorable man, and that the plaintiif always re- garded him with the greatest affection. The plaintitt Said that before she ha seen the defendant the spirit or her husband had told her that she should have a son, Mr. S.C. Hall said the plaintiff asked him what Would make home comfortable, and he said £300 a The plainti? said she had'determined to give He (witness) warned her say, and she replied that She said also that she had of what the world would number of witnesses were examined by the learned | me in the world in when a counsel for the defendant. Atnong these were those | {und she determined topics eth ook an interest, of Henrietta Lefevre, James Burns, Emily Head, | Witness asked hier not to act in haste ie sien a matter, — Maurigey, Mrs. Cox and Mr. Perdicaris. and she replied that she had fully considered ite he evidence Was not concluded when the court | M on ; rose. ‘This remarkable ‘as resumed on the morning of April 2s, when the reading of the affidavits of the defendant's witwesses was resumed by Mr. Lushing+ wn, Mr. Rudall, one of the witnesses who attested the Will, 6aid:—1 saw Mrs, Lyon, plaintif, for the first time on the day of Mr. Home's return from the country, when I met him by appointment at her Fodgings, at 18 Westbourne place. 1 believe it was about the ist November last. On being introduced to her I said, “I am sure ali Mr. Home's friends and well-wishers ought to thank you for what you have done for him, aud Ido #v for one,” to which she re- plied, “And f thank the Lord jor haviig given ine the opportunity a aotng it f In this I refer to her ft to him of £24,000. I did not see or heur of Mrs, Fron again before the receipt of a letter from her asking me to call on the 12th Noverber, a! a quarter to ve P. M., on some matter relating t6 ler adapted | fon (Mr. Home). 1 was quite ignorant of the object | of this summons. | I found at Westbourne place, | desides Mra. Lyon, Mr. Home, Mr. Wilkinson and Dr, Hawksley. Mr, Home was not in the room, and Mrs, Lyon informed us that her motive in requesting us to be present was that we might attest her will, . Wilkinson expressed his reluctance to act a» her solicitor in the matter, and said he would much prefer that she should consult with some other lawyer. She answered that there was no necessity for anything of the kind and requested him to pro- ceed to business, He made many inquiries as to the | intelligence there at the end of it, the defendant, was then cross-exam- by Mr. James, Q. | have always borne the a Home. (Produced his father and mother's marriage vertiticate.) Could not explain “the strange gif | to in my answer. These peculiar mani festations have occurred to me from my childhood. I speak of the displacement of material objects, see: ing of Pecuilar visions, taken to be with the spiritual world. Cou P they occurred, Have seen pe Fg with them orally. They have calle me in sounds audible to my ear. and { have taiked to them, Strange sounds are heard like @ rapping. It does not indicate who the spirit is, We take it for yranted, the same as in the call of the telegraph wire, that there. is an met used the sptrits i# exceedingly becatgted ane "ales vated, The alphabet is slowly caller or pointed ont and when @ sound is given that indicates that a let- ter is to be taken down. (Pressed to give a demon- stration, but declined.) Some knocks are very loud sonme are Very gentie. I could do itt You can arrange a8 yon piease eth. er knocks are. amrmative "or nemative lt suppose spirits are as intelient as a mortal, f Speak to them ag you speak to atiy person, the Usually spell their pames, sometimes without any question being asked, If you wished to consult the Spirit of a deceased relative and came to me for the porp I should not receive you uni intretuced hy a personal friend. 1 she ing at all. ‘The spirit would come of its own accord init wished. Tt would indicate Its presence by rap- communications ropriety of her leaving her proj yY ae she had Bone, and ‘made #0 Toeny Unpecttons: tab doing all he ping sounds ov by the volee. I have no possible, ower. If they wished to come it would be made ‘Was under the suspicion that he was AOWN 10 You. The alphabet he common mode, could to prevent her making 4 will. Before ing | The calling h letter, proveiien ‘the ‘intimation by he made a sort of little and reiter: very | the spirit. 7 have heen bodll ced in viola- @olemnly and earnestiy Will she was about | tion af the ordinary rules af gravity. (L must pro- unity of forming an | y test against it being supposed that T am the onty per- son to whom this has occuried.) Chairs and tabtes have been moved in the same way. I have found auseful result in (pirituatism in convincing those who did not believe in it of the immortalit’ of the sow. It wm the intelligenee connected with these movements that would convince unbe- lievers, It 18 invisible inte! nee by which these things are done, Some of the things done have rather the character of practical jokes?—Yes, Things knooked about and knocked against personst—Yes. ‘These practical jokes are one side only of the ques- tion. | There is another and more elevated side. Per- sons have on some occasions received useful informa- tion. They (the sprite) don’t generally interfere with affairs of earth, raons have received predictions, counsel and advice. Morally speaking, yes, but otherwise no, Hae never them ‘give tn- Sormation in stock jobbing matters; as to travelling and health it has been done in a few isolated in- stances. They usually try to patch up feuds, There fons: consulting spirits might’ and. Wight’ hot” be consulting spirits m: an not be deceived. pier would have to use their own reason. If a spirit should come and tell me to cut. my right hand off, it stands to reason it would be an spirits told me to go toa particu! doctor I should ascertain if he was good in that par- tieular branch of science, Iam, If suppose, in 1 oe seasion of this gift at present. The last manifestation Thad I really can’t mention the date of—yes, I have had one within the last fortnight, I have not a very good memory of what occurs at seances, No exter- nal phenomena occur to me during sleep. I have no recollection of what happens to mein a trance, Examined as to a letter written by him to the plaintiff from Malvern, in which he spoke of certain spiritual communications:—I really can’t remember how that communication was made to me. 1 was at that time exceedingly ill—almost dying, Have had as long a sentence as that addressed to me audibly. M. G. means Matthew Gibson, the spirit that was always with me (the father of the plaintiff), It is from no will of mine that I cannot remember. J was exceedingly iil at the time. I meant by “dear spirits” my own mother, my own wife, amined as to expressions in another letter from Malvern:—That was called aes alphabet. Miss Ellen Gully speit it out. The alphabet was called for before it began. Dr. Gully asked the question, and the answer given identiefid the spirit. I do not claim that because an affirmative answer is given the identity of the spirit is thereby established. Peculiarity of dress would identify the spirit, No, it would not be the ghost of a dress; but the dress as it was on earth, as it is mentioned in the Bible. Ido not speak of feeling the dress. I have not seen a spirit for a very long time. 1 have had too much of material things to think of. Could not say what was the last spirit [ was In communication with. Would rather not mention the spirit. 1t was the relative of some person here preset The name was spelt ‘out by a medium. It is simply from a motive of delicacy that I decline to mention the name. [have been in communication with the jyiried of my own wife—not im reference to thissut. Ihave never asked a ques- tion about it. When I first met the plaintift [ was secretary to the Spiritual Athenwum in Sloane street. I was excecdingly Bor only receiving pay from the society, Have never been rought up to any profession or trade, I say 1 gave the plaintiff’ rank and position—-rank to associate with my friends, some literary and others in high positions in soctety. I consider that rank. have no rank or position, only that which my friends ‘five me. {wus only for two months secretary to he Atheneum. I have travelled a good deal, visited courts and mixed in high circles, My friends very often provided for my travelling expenses, and I have had other assistance. I had some fortune by my wife. I had previously some money settled upon me by a friend. He was a member af the Romish Church. He believed in Spiritualism, He had seen my gift. Anonymous cifts (presents) are. very often sent tome. I married in 1858. ‘The Income derived from my wife was sufficient for us. It has ceased for the present, but I siiall recover it next year. His Majesty the Emperor of Russia has promised to see to it, (Witness explained that certain proceedings were pending in the Russian courts in reference to some invalidity in the settlement or other document on which hus late wife’s fortune depended.) The gifts were first developed in me, I belteve, when I was siz months old; not as they are now. In 1850 the first external manifestations were Rerelovee There had been some tuiking of the Roches- ter rappings in America, and a clergyman I think it was who first gave the alphabet. I had no means of interpreting them at first. I did seek to influence the plaintiif against her own im- pulse to force upon me a position of wealth, The whole tat was Gone was forced upon me. 1 do not say but in my heart I was glad, but to her I ee to influence her against her own impui: rs, Maurigy’s account is perfectly true. On her part the osition of wealth was forced upon me. I do not say was not glid in my heart, but I wished her to let me go out of town first. [ repeat, the position of Wealth was forced upon me, as plaintiff’ well knows. (Reeninel upon Mrs, James [ellowes’ statement of her having overheard on Sunday, October 7, “Don't interrupt me,” and other passages of her aftidavit.) 1 deny that statement. I was introduced to Mrs, Fellowes in November, 18€6. No such circumstance as that she mentions occurred. 1 have no remem- brance of any such words. (Denied other statements of the interview made by Mrs, Fellowes.) I never heard plaintiff seream louder than she did here in the Witness box. Mrs, Lyon sat by the table on Monday, the sth of October, held up a pockethandkerchief, and said, “Look here, what nas occurred.” I asked her if she had not knotted it before she left home to remind herself of something. On the 7th of October as L rose to leave the house sounds came ‘Do not, my darling Jane, say, alas, the light of other days forever fled; the light is with you; Charles lives and loves you.’ I could not say who the spirit was, I formed no opinion. Jane | knew was Mrs. Lyon’s name, as she had signed it in writing to me. Did not know that Charles meaut her husvand. How could 1? I did not then know that her husband’s name was Charles. Mrs. Key’s statement as to what she overheard is perfectly fase. The words “Dear spirit” may have been used. The other statements are pereeay false. I was in the House when Wil- inson came about the will, Iwas in the bedroom, separated by folding doors, I took Mrs. Tom Fel- lowes to her carriage that night. 1 did not remain a quarter of an hour afterwards. I never said, “Letus consult father,” or consult any one, It is not a word I should have used. (Reierred to Mrs. Tom Fellowes’ atlidavit, which he characterized as perfectly false.) Isat at the table. I did not refuse to have a seance, Irecollect Mra. Tom Fellowes was curious to see spiritual mautfestations. She did often say she should like to be present at a seance, She could not have urged me to produce spirits, as she knew [ had no such power, I did say, “Mother, you remem- ber saying you have promised me that hour.” Mra, Fellowes was in town to get furniture and carpets, and plaintiff was afraid she would get ner to go with her and make her pay for them; so it was arranged that if their going out ether was suggested [ was to remind plaintiff that she was engaged. 1 distinctly deny having said “I cannot do it, mother; there is something io Mrs. Feliowes’ presence that forbids it.”? When Mr. Rudail came on the 12th of November I caught Mrs, Key on her knees listening at the door. What Mrs. Pepper gayé tn her aMidavit about my saying “Mother and I are murried to all eternity,” dc., is perfectly untrae. [trust I am too much of a gentleman to use such an expression as “Death is humbug,” &c. It sounds well in the affidavit, but it is per- fectly untrue. Admitted having recently written letters promising money for information. It was a trap laid for me. lL recelved about a fortnight ago aletter, (Mr. Home read out some anonymous let- ters to him and lus replies.) I received the woman (Mrs. Bradshaw) on my return to town, and 1 at once saw through her. It was simply done to trri- tae me, your Honor. I have a very nervous organi vation, (Mr. Home went ‘on to describe Nis inter- view with this Mrs. bradshaw, who he intimated Was an emissary of the piaint it.) tf ip Agony his Honor to see to what extent hatred could be car- ried. 1 wished the letter to be produced in court. 1 adhere to the statement that it was a trap laid for me, and I said so to my friends, Re-examined py Mr. Matthews, Q. C.—The phe- nomena described by me have occurred to me in many countries, before many persons, in houses where I was a guest. I have had the honor to reside as a guest in the Emperor of Russia’s palace. 1 was there merely as a guest, certainly not im any paid capacity. My wife was a daughter of an alde-de- camp of the late Emperor Nicholas. She was a god- daughter of the er Nicholas, These phenomena have occurred in houses where there have been strangers, Scientific persons have often been present when they have occurred. Ihave invited scrutiny; #0 much #0 that my friends complain of me. I have also been a guest of the Emperor of the French, I have never claimed at ony time or in any country the power of producing these manifestations. I have certainly never professed the power of calling up a spirit from the dead. There are several mediums besides myself. They are generally persons of a highly nervous temperament, ey have been often of ® superior class of life—persons who, from their position, cannot be suspected of making a profit out of it. I have seen in Mr. Jenekin's presence and in his house the displacement of ma- terial objects in violation of the laws of gravity which have been alluded to. T have no theory to ac- count for that happening. I have never consulted spirits with regard to money, temporary or pecuni- affaires, for myself or for other people—never. have known Dr. and Miss Guily for seven years, If 1 had a motive for deceiving them I had no power to do 80, Miss Gully is sister of Dr. Gully, past forty, Mr. Ellis, from Cambridge (correcting hunself, 0 ford), the well known classical scholar, has beeh pr sent ata séance, He is a very candid investigat Idon't know if he isa believer. It is simply fro motives of delicacy that I don’t want to enter in ‘The geatieman who settled mone annum) upon me had about £15,000 a y. about forty-five years old, and I'think he made this gift to me before he had N any manifestations in my presence, I did not solicit it. He was too much ofa gentieman to bring a Chancery suit against w (The witness was understood to sa¥ that this annuity wae not still continued to him.) America seems to be the land of these things. 1 had a father, sister's child and two aged aunts dependent on me when Mrs, Lyon first bestowed her gifts on me, Mrs. Ritchie takes care of my child without any remu- neration from me. Most certainly no money was made out of the Spiritual Athenwum. Mone lost by it, No money was taken at the doo sons were not admitted except by introduction. tainly } did not hold myself as ready to produce ghosts for people who wished to see them. When Mr. Wilkinson came Mrs. Lyon aske her bedroom, When she had busine Wished me to know anything 2th of November Mra, Lyon ha nined to leave: Mra. Key's lodgings, I had never in ve then apoken to Mr. Wilkinson about the will, nor he to me— she never Refore the Mrs. Cox to have her as a witness for the rerson who had laid a trap for me, ‘The cross-examination of Mr. Home here termi- nated, and tys Honor ros, Profcasor Home’s Defonce—What Youth, Aristocracy, Good Carriage ard Romzace Can Effect-The Femnle Apostie Seventy- "8 COURT, LONDON, APRIL 29, m against Home Mr. Mitthews, QC, cornpnone tle sadrens on Pg td the * fondant Y lome. ag on meaner laintif, Mrs. Lyon, the witness box, he. bbserved that ‘she’ had. shown remark: able strength and had displayed also great warmth much sense of the humorous, even of the comic— ag shown by way she mimicked Home's entreaties that she wi kiss kim; considerable anger and vindictiveness and unusual obstinacy, as manifested the trivial matter of her refusing to raise her v! a, 18 were woman who, a8 his Honor was called upon to say, been imposed upon and deceived.” Proceeding to the history of her relations with Home, he observed that she was found to be on intimate terms with Miss Berry, Miss Nichols and saveral other mediums. She sought out Home, and then came the account of her first inter. view in Sloane street. Mark the im of her story. Here was @ woman, shabbily di a8 the witnesses gaid she was at that time, a to Home, who did not know whether she was or Miss; and upon her the court was asked to believe Mr. Home had in that short interview exhausted all the resources of his art, The story of the handker- chief was an aiterthought devised to support her story. This statement and that about the accordeon seemed to show that the manuscript contained in the marbled book was compiled at some time be- tween the 27th of June, 1867, when the panies first aMdavit was filed, and the sist of March, There was the evidence of Emily ar upon Mr, Home’s dental, nor on the intrinsic impro! rer ag the story. Then came the interview of the 4th ber. The plaintiff deposed to “raps” almost imme- diately. Against Mrs. Key's statement might be set olf the defendant’s contemporaneous account to Mrs. Iienning of what took place. The third interview was on Sunday, the 7thof October. The plaintiff's account in substance was this:—That Mr, Home pro- posed marriage to her. That suggestion of mari was worth notice and comment, If it were true that Mr. Home desired marriage why should he not have rapped out a message that the spirit desired her to marryHome, and marry him without a setilement ? To support the plaintiff's story she called two wit- nesses—the boy Daniel Phillips and Mrs, James Fel- lowes. These witnesses contradicted themselves. The boy beard screams so loud that he was alarmed for Mrs. Lyon’s safety. Mra. James Fellowes said she heard, “Let me see him!” But Mrs. Lyon deposed to no screams, no vision, no sight of her husband “so changed,” as these witnesses stated, Might not this evidence have been ar since, or have been interpolated from what took place on another occasion, Emily Kingdom said that Daniel Phillips laughed at the “spirit bie r,”” as he cailed him, As tothe vision of the len haired boy, to no less than ten witnesses did she tell that story. It was said that this showed the superstitous character of her mind. But if it arose from the original weak- ness of the plaintiff's mind Home was not respon- sible for acts flowing from such @ motive, Here was an ambitious woman, upon whose birth a stain rested, With whom her husband’s relations would not associate, desirous of notoriety and society. What more likely than that she should talk of her wonder- ful visions and dreams as the means of giving her some of the eclat which she could-not otherwise obtain? He objected to the interpretation waich had been placed upon the answer, as if it had been at- tempted to show that the old woman had to go to school to this master of his art, That was twisting the answer to an unfair purpose. The late Mr. Lyon’s alleged statement was one of the most vapid and silly communications possible; and it was incredible that so shrewd, vigorous and self-willed a woman as Mrs. Lyon was Imposed upon by it, How different was this yague impression from the solemn injtuence which religion erercised over the mind, arising from the hopes and the fears of the beltever 1 And it must be remembered that=the pega. authorities upon which his learned friends relied were all of them cases of religious influence. No doubt this was an unprece- dented gift, and it was necessary to cast about for some reason Why she should induige in this extraor- dinary bounty. Here was a woman, {a gaa ad £150,000, living in lodgings at thirty shillings a week, without servants of her own, her reap t fast accu- mulating with no purpose of benefit or advantage to herself; with no associates but Mrs. Pepper, Mrs. Sims and the rest; lovmg a bustling situation, but leading a loneiy and useless life, with a strong imagi- n.tion and warin feelings. Becoming interested in Home, through Mrs. Barues’ description, she sought him out and had an interview with him. All her life long she had desired to adopt somebody. His learned friends denied this; but he (Mr. Matthews) referred to the vision and to Mrs. Lyon’s intentions towards Miss Henning as evidence of the fact. Home was young, of not unpleasing appearance, had aristocratic friends and associations and a romantic air of mystery about his lise What more probable than that she should entertain @ most natural, and he (Mr. Matthews) would un- affectedly add, a most unblamable atfection for him? Now, it was possible fora person to forget the date of ‘fa letter; it was possible, by some subversion of the brain, not to detect communications “smelling,” 80 to speak, of fraud, owing to the iglamonur throwa before the eyes; but it was incredible that Mrs, Lyon should nave forgotten the affection that once existed in her heart. *Her demonstrations were public, no- torious and were offensive to bystanders, as the evi- dence abundantly showed. Language of the strongest indignation had been used by his learned friends with regard to certain of the answer. Did thoge passages bear the construction of an imputa- tion of a criminal amour? Was the imputation justified? (Mr. Matthews read the pass: in rs, Lyon's letter: which had been so often referred to.) ler explanation was that she hated him, that she did not like him; that was a maternal love. He (Mr. Matthews) «lid not su: t any impropriety to the plaintii; but he did say that such a train of thought must have passed through her mind, Was it then unjust, crvel or foul—the suggestion that something of the sort was felt at a subsequent date, considet the evidence of the brokers and others? What Mrs. Lyon’s age was he (Mr. Matthews) did not know. (He was pi to comment on the con- flicting evidence on this point when the plaintiff, who was In court, interrupted by exclaim! “ram ”) There was, then, this fond foolish but tly natural affection, and the gift was cer- tall of unusual tude. But it was, he (Mr. Matthews) maintal not unreasonable that the heart of this lady, who was living this obscure and useless life, should have opened to Home at once, and that that should have been the cause of her be- stowing this bounty upon him. The learned counsel then led to comment on the discrepancy in the evidence as to Daniel's trances, several of the witnesses to the fact of his having been in fed ucter seen Dan in one of temneon rt tiese ‘cumstances contributed to show that this 4d was the pure, voluntary, a Bouia these trans- statements? On the 1 jan were signed. She described the scene. In the witness box she said Home had one arm round her waist and the other smoothing his hair. But this was contra- dicted, and it was shown that it was she who made of affection towards Home. Had not the it ever existed, vanished at this date? delusion, ‘The same ht be said as to the deed. (Mr. Mathews continued and conclud argument on the 30th of April.) The Professor Presented in Another Light— Coming Down to the Material World—Sir David Brewster's Views. Vick OHANCELLOR’s Count, LONDON, May 1.—Mr, W. M. James, Q. C., commenced his reply in the case of Lyon vs, Home at the sitting of the court this morning. After the great to which the argu- ment had been extended and “thrashing out” of details to which the evidence had beén subjected, his reply A tee be bat Fog He Cages _ et abstain m repeat: offens! charge against Pine ng tir tant the defendant Home had ventured to place m his answer and amdavit, That charge had made still more offensive by the manner in which it had been dwelt upon by some of the counsel who were arrayed against the piaintif®. It wasacharge utterly without foundation, false, ying and malignant, and was dis- credited by every tin the case. The deep affec- tion with which the plaintiff cherished the memory of her departed huel , the terms in which she always spoke of him in her letters Leg Mg it; the defendant’s own expressions, especially fh his letter of the 11th of June—“I took your name because I could in no other way show my esteem and respect for you; I felt that | was taking upon myself a sol- emn undertaking in the sight of God and man when I called you by the sacred name of mother’—dis- fh Ah it, and it remained unsupported by one single Hitle of evidence. It was @ most foul slander, and, siander most foul as it was at the best, the assertion that it was the repuise of that feeling which induced her months before this suit was instituted to fabri- cate these charges against the defendant was slander most foul and most unnatural. je case set up by the defendant was pregnant with contradictions. There were @ few broad facts on which the case depended, and to them attention would be called. The defend- ant was a young man, an adventurer, according to his own showing, exercising no trade or profession, and with no means whatever of living, except this singular giftof which he claimed to de in possession, It was, indeed, made matter of boast that he never took money or any fee for the exercise of his spiritual jowers. It was quite clear, however, that it was to he posaeasion of this pecullar gift that he owed any osition, rank or means of livelitood that he en- Fore. The account of this gift, as given by the defendant himself, was by no means clear or intelli- gible. ‘The learned counsel then proceeded to read Various passages from Mr. Home's book, ‘Incideats in my Life,” and in partioular thestory of the writ- ing by,the apposed 8 irit of the word “imortality” with one “m” oniy, which Home said “surprised me at first, but [recollected that the deceased, whom I knew well, was constantly versed in black letter writing, which makes élisions in that way,” (page 74); his aecount of his miracnions heal- ing of a deaf child in Paris (page $1); his elevation two or‘three inches above the chair in which he was sitting (page 121); his mysterious recognition of | bie future wife (p. 126); the Ye ood of tables, like Mahomet's coffin, between Heaven and earth (p. never; nor any communication with him about other business matters of Mrs. Lyon, Mre Brad. shaw lives at lta Albert terrace, underneath Mra, Lyon. 1 had two interviews with her. T called in of “our beantifal ‘lish tune, ‘Home, Sweet 151, and the playing pa spirit-touched accordion fini: Home,’ in ost ied style’ iP, 137), &c, He | couid not sum up his opinion of Mr. Home's apiritual claime in more apt language than that }) Haskins, of New pope Sir David Brewster in his ster $e the pore: o er, quoted at page 241 of Mr. book:—\ Were ‘Mr, Home to assume the character the enjoy his exhibi- among the fee of hia o" epirtis or we or audience the dead, of brit them into physical communication with their relatives of revealing the se- cretg of the grave, lie insults religion and common Pie teeta pore with the most sacred feelings of his victims.” the other the was advanced in life, seventy-five years old, and had been a widow for years. She had always ae. 8 8 entertained @ presenti- that she sould ect her departed hi nd at the end of seven years trom his death. In this frame alter reading the Gates: : that according to the account given by ant himself the plaintia told hier tant it pre r husband aad her the pelende Was always wouid ad ane! This | aad er far rsh be “4 it was that gan Lo Oo her eyes. She gave most natural reason for he dering over these deeds, she that her husband would position she was there made to occupy. Her sus-, Picions were aroused by Sopa, and then, no doubt, peo) came about her and told her, very properly, delusion and imposition had been practised, of which she was the victim, He did not pi to go into the evidence brought forward. Instructions be- forehand and confirmation afterwards amounted to nothing, where the gift was yy the exercise of improper influence. He would leave the pappowed contradictions in the evidence entirely in his Honor’s hands. That the memory of this unfortunate old lady who had been living for so long in this atmos- Bes, of fraud and falsehood, and subjected to such efal influeuces, should have become perverted and imperfect was not manner of surprise, Her tes- timony as to what had taken place ht be a gerated or even distoi and ht cont contradictions, but that was not the question in the present case, though it might have some bearing on the question of costs. The question upon the wuole case is—aye oF no—was the plaintiff the victim of gross imposition and the subject of influence most unduiy obtained and most unscrupulously exercised? Your Honor can, we submit, come to no other con- clusion, and we confident ask at your hands a decree which will restore this lady her property and protect the public against this new and most danger- ous species of fraud, The Vick CHANCELLOR—The case will of course stand for judgment. I shall no doubt dispose of it on an early day next term, but certamly not before. THE SPIRITS IN SCOTLAND. Grand Soiree of the New Religionists—Extra- ordinary Scene—The Spirits and the Fine Arts—A Married Lady Influenced by Two Spirits—Pope Hildebrant an Evil Spirit. The Glasgow (Scotland) Association of Spiritualists held their annual soirée at a temperance hotel in that city May 1. The company, which included m friends, numbered about 200. The Chairman, Mr. J. Marshall, in his opening remarks congratulated the members that seeds of spiritual trath were germina- ting and said that he had no doubt that ere long a ee ee ones ee . fe » Mr. Harper, of Birmingham, gave an exposition 0 the “elevating influences of ‘Spritualism. The Secretary, Mr, Cross, exhibited several articles said to have been produc by the agency of spirits; they included specimens of “spirit writing,” water color drawings produced in a few seconds, &c. During the evening a Mrs, Green, who had been referred to by her husband, the Secretary of tue Progressive Spiritual Association, as a testimony to the truth of Spiritualism, was introduced. There then, says the Glasgow Herald, followed an extra- ordinary scene. When Mrs. Green was led into the room the meeting was being addressed by Mr. Harper. Immediately on that gentleman resuming his 6: cord Mrs. Green, who was understood to be an inapired medium, started to her feet. She was well dressed, appeared to be & woman of between thirty and forty years of age, and was evidontly laboring under some ery excitement. She spoke with her oe closed, and in a nervous, jerky manner, at tines stopping for a moment, and then hurriedly resuming. For a few sentences her remarks were coherent enough, but she afterwards to speak tn a confused, unintelligible style, and said the spirit was trying to make her use ad langu: “Oh,” she continued, “how much that spirit is tryin to make me say something that weuld ——.” At this stage her husband, who was sitting beside, appeared to press the nape of her neck with his fingers, and in a second or two, with a kind of convulsive gasp, she seemed to come out of her trance. Her husband now rose and said the: of the most incontestable proofs of ence. They had ® woman by two spirits— one anevil and the other a good spirit. The evil spirit was Pope Hildebrant. Mrs Green, he said, held at one time a high position in the Church of Rome, and to the fi that she was now opposed to the creed of that church he evidently attributed the interference of the late Ponti While he was speaking his wife was convulsed as if with some hystericai or other nervous affection. She was forcibly held by one and sometimes two men, and for ten minutes probably she ay to suifer the test Pw hipaa! torturing. il this time her hus- Sana kept on 3] in a strain which implied that he regarded this exhibition as a con' proof of the reality of gee while the audience was excited, and underbreath communications were made, expressive of the greatest annoyance and dislike for the whole affair. When a lull took place, the Chairman rose, and, saying that the meeting had been protracted to 4 later hour than was intended, appeared anxious to bring the proceedings to a close, The Secretary, however, rose to make one or two intimations before the meeting separated, and was about to do so when Mrs. Green — started to her feet and ejaculating, «The Great All-Father says ‘stay ! ’? went on tospeak in astyle which was quite incomprehensible to ordi- nary intellects. She was still speaking when several persons rose and left the meeting. . Cross here expressed a hope that friends would remain to hear the Intimations. This interruption brought Mra. Green’s harangue to an abrupt close, and she resumed her seat. Mr. Cress said that before the comneny: left he had to apologize for the exhibition they had seen. He felt sorry that the thing had come before them in the form it had taken; indeed he had not only felt an- noyed during the whole proceedi but also some- Whatdisgusted. There were two sides to Spiritual- ism; there was the good and the evil, and they one always to be able to keep out evil influences. They had had inspirational but sull he thought their friends had not been quite satistied. This last observation elicited cries of ‘Hear, hear,” and shortly afterwards the proceedings terminated. DELTA UPSILON CONVENTION. ‘The thirty-fourth annual convention of the Delta Upsilon Fraternity has just closed a session of two days with the Rutgers College Chapter, at New Brunswick, N. J. An organization was effected on Tuesday morning, and in the afternoon the regular order of business was proceeded with, George BE. King, of Hamilton Chapter, presided, and N. B. Sizer, of New York Chapter, was chosen Secretary. Every chapter, except Middlebury, was represented, and a report from that chapter declared itto be ina flourishing condition. Officers for the ensuing year and the next conven- tion were elected as follows:—President, Rev. ©. B. Oakley, of Philadelphia; Vice President, Robert W. ork city; Secretary, William L. Downing, of Hamilton Chapter, Clinton, N._Y.3 Treasurer, Isaac F. Ludlam, 21 Fulton street, New York; Orator, Rev. Charles Hawley, D. D., of Au- burn, N, Y.; Alternate, Rev. Albert Erdman, of Clin- ton, N. ¥.; Poet, Albert L.' Childs, of Waterloo, N. Y.; Alternate, W. B. C. Comingo, of Washii ) Pa. Considerable time was occupied in recelving re- rts of the condition of the various chapters, ese reports showed that the chapters in all res of the United States were in a flourishing condition and full of the enthusiasm inspired by the grand principles upon which the fraternity is founded, A new and strong chapter, recently crgantaed in Miami University, at Oxford, Ohio, was admitted info full fetlowsii| The morning session of the second day was devoted to a general consideration of matters of interest to the fraternity. It was deciared as the sentiment of the Convention that white one great object of the fraternity is to counteract the tendencies of the secret organizations which have to 80 it AN CX- tent become sources of evil in our colleges, the intel- Jectual, social, and above all Christian influences which it ever exeris, render it desirable that chap- ters of Delta Upsilon be establishea in every colicge in the tand, without regord to the existence of secret societies. Holling these views they counselled chapters Whose warfare with secrecy had resulted in the destraction of their foe, to hold the ground gained in the interests of Delta Upsilon. In view of its cheering success and bright pros- pects for the fature, many delegates spoke entiusi- astically concerning the fraternity. Nor did they forget (0 acknewlerge the debt of gratitude due to the Father of all Truth for whatever degree of suc- ceas the fraternity may have attained in carrying out the principles which He has laid down arale of action for all men, had here one é spirit infu. In the porno session it was resolved to publish Sige I, in the interests of the fraternity, to be called “Our Record,’ and to be cond a uate editor, with the aid of an each Chapter. Henry R. Waite, of Hamilton Chapter, Ca N. Y., Was unanimously elected graduate editor. It was ai8o resolved that ultra marine blue and gold be adopted as iraternity colors. A committee consisting of Rey. R. J. W. Buckland, Dp. D., Theodore Tilton, Dr. Thomas Scott Lam- bert, Professor David H. Crittenden, J. Sanford Greved, and others, was appointed to make ar- rangements for a permanent nization of the graduate members in New York elty and vicinity, ‘The thirty-fourth annive exercises of the fra- ternity were held in the st, James M, BE. chareh in the evening. After prayer by Rev. J. N. Schenck, President of the evening, Kev. kK i, of Philadephia, with » few pleasant remarks intvoduced Rev. Samuel J. Rogers, of Geneva, N. Ys who delivered an oration upon ‘Balance Wheels." ‘The ag ft conte ROE tribut ternity of w! e call himself a imdlnbers oration was eloquent Ln great fa Mr vitiiam B. vor, e Elliot. Jr., an eminent organist on Philadelphia, pre- ye ee by the ber e iter members cl f the after which tace of a sum Nous feast awaiting thee tema Rew it hours spent With rt — one dee] yn for’ Deve Up- respective col —— and a fuller appreciation of the important position which it now occupies, and of the more im- portant ition which it may occupy, a3 an ua- equiv and undeniable power for good, and good aa nee Convention of the fravernity will be held nex with the Madison Chapter at Hiamiivon, & Y. BROOKLYN COURTS. UNITED STATES CIRCUIT COURT. 4 The Alleged Revenue Fraude—Trial of Cottece tor Callicott, ce Before Judges Nelson and Benedict. The United States vs, Theophthis C. Callicott and John S, Allen.—This long anticipated case has at last been fairly put on trial. At noon yes- terday the venerable Chief Justice of the Gir} cuit Court, Judge Nelson, took his scat on the bench, assisted by District Judge Benedict. Im- mediately afterwards the case of J.C. Callicott, J. 8. Allen, George J. Hardy, Augustus J. Day- ton, Alexander OQunningham and Louis Faa- cher was called on. The court room was crowded from its opening. No trial has taken place in Brooklyn for many years that has excited any- thing like the amount of interest that this has. All the parties are Brooklynites.’ The principal defend- ant is one of the most extensively known politicians in the district, and from the notoriety he earned im the Assembly a few years ago on casting an adverse vote against his party he received the appointment of Collector of Internal Revenue in the Second district, Brooklyn. It was in his capacity as such coilecte that it is alleged against him that he committed the enormous frauds—enormous considering the short time he was in office—for which he was yesterday morning publicly arraigned at the bar of criminal - tice, The other principal defendant, John 8, Allen, was Callicott’s deputy. Allen was jointly tried dur- ing the week with Lr ti on a charge of executing fraudulent bonds with intent to defraud the govein- ment, and on that chai Enright and Allen were found guilty and committed to the custody of the Marshal pending the sentence of the court. The otner four defendants are not put on thew trial. Up to the last moment they stood in the attl- tude of defendants collectively with Callicott an@ Allen, and in the court yesterday were repre- sented by a formidable array of counsel. As these four defendants, much to the consternation of defending counsel and to the dismay of the principal accused, a nolle prosequi was entered in each case, and the Ptareeiey officer announced that would on the trial play the role of witnesses inst of defendants, a trans; tion much to their imdi- vidual taste and to the intense tification, Be doubt, of the prosecuting counsel, if the convictien of the defendants is the end aimed at. The following is the list of counsel as originally employed how, psoge 8) the change in the arrange- ment caused by the altered condition of the case:— For the government, United States District Attor- neys Kaegby and ‘lracy, Assistant United States Dis- trict Attorney Allen and Mr. Edwin H. Stoughton. For Callicott and Allen, Messrs. Williams, Jenks and Sanderson. For Dayton, Mr. Gill, For Cunniag- ham, Messrs. ‘Troy, City Judge, and Morris, District Attorney. For Hardy, Messrs, Silliman and Jenks, The defendant Fancher stated that he had no coum- sel, but as subsequent events showed he did not need ‘the Jury pancl peng called, twelve men, ‘ and true,” were soon in the jury box. Their names are as follows:—John Spencer, James W. Corrs, B. P. Sherman, James M. Westervelt, Isaac Post, 0. H. Dubois, ‘Albert C. Angell, Daniel J. Conkling, Williaa = ao, ‘W. H. Wilson, Andrew Corbin and Lucius ley. The yroceedings in this case promises to present: some rich developments as to the way in which gov- ernment officials appo@nted under the internal reve- nue laws manipulate the rich placer which the tax upon whiskey has opened out to the lucky prea- tors. a A NOLLE PROSEQUI ENTERED. Mr. Kaesby moved a nol prosequi in the case of the United States vs. Hardy, Cunningham, Dayton and Fancher, as the charge as against them was abaa- doned, and the parties named would be called as one for the prosecution. The court granted the motion. THE OPENING. Mr. Kaesby then proceeded with the 0) » He said the parties now on trial were indi with sey 24 defraud the government. There were nine counts in the indictment. The first five counte cha the parties with conspiracy in various forms, The last four counts charged them with actuatiy ema the crime concerning which the former cd ts. arged them with conspiring to de. The: first five counts a them nerally with ring to remove whiskey from consp! bonded warehouse in the eye lib and sign udulent for the purpose moving the whiskey or distilled spirits referred to. The last four counts charge them with actually conniving at and executing such fraudu- lent bonds, and actually removii illegally the spirits from @ bonded warehouse. The ja especially interesting and important cause the trial is against public officers, the indictment cl them with conspiring te violate the laws wi they, as said port and execute. One of fraud of the revenue laws BF April, 1867, took possession of nal Revenue Collector for the Third Collection dia- trict of New York, situated in the city of Brooklyn. The other officer—the other defendant here— is J. 8. Allen, whom Callicott, immediate- l on his appointment to the office Goueetor, nomina' and retained his dept charge of the office til the date of their for the offence with which they stand chi . There was one other officer included within arrange- ment of the office, A. J. Dayton, who had charge of the bonded warehouse, but inst whom the cl laid in the indictment is _ wi rawn, as he will called as @ witness on the part of the tion. The crime charged relates to the tax on distil lias oceasioned enormous frauds. while that Ishould attempt to state to widely these frauds have extended. But 5a E i i 5 ; E s - 2. a ree HH ash i S34 say one thing as proper to be said on the opening of trial like “this. t 18, that these frauds have grown to such enormous ns thas roportior people everywhere assert that the main reason why these frauds exists is that the pubiio officers in charge of the execution of these revenue laws afd in their pet tion. Therefore it is, I say, that it is of the utmost importance that when a ‘casé comes on where the officers of the government are spiring to break the law, it is of the utmost eee "that "ene ims and careful attention as against these defendants. The indictment for con- jiracy is framed under the act of 2d March, 1867, sec- ion thirty. The penalty provided on convi of the offence is a fine of $10,000 and one ment. Inasmuch as the principal ae in the neat aren must a erefor from @ conviction of ing conspired fraud in the terms of the act (counsel then proceeded to give a definition of the law of conspiracy in the case). Conspiracy 18 a corrupt agree two or more persons to do by concerted action some- thing unlawful either as @ means or a8 an end, The question here is, did these parties or any two or more of them, or rather did the two Bei Sam SRP rt ait anh or Wi others lo ‘orth in the various counts of this indictment? Connsel then proceeded to state the details of the Reap mane I the distillery of the par- ty, John Wilson, from which the whiskey in quest oii barrels, was taken to the bonded warehouse in charge ef Collector Callicott. Of these 911 barrels 500 were lawfully disposed of; the balance, 411 bar- rels, were fraudulently removed, and by that re- moval, for which the defendants are chat , the government was defrauded of $40,000, ‘ounsel continued his statements of what they expected to prove at some further length. He seamed to be as familiar with the internal details of the case as if he had studied it for years, At the close, of his’ opening District Attorney Tracy put in evidence the R. H. Hand bond for the removal of two hundred barrels of spirite. Counsel for the defence objected, and the objection was overruled by the court. Mr. Tracy then offered im evidence the Henry Lewis bond, being a distillers bond. Mr. ce 8 fe SO ite intrognction on a ground that it purport to subseqt original offence, and was no evidence itself of gutity intent. Judge Nelson thought it was admissabte as evi- dence. Both bonds were taken in the office of the collector, and both appertained to the same subject, ‘Some further argument followed. RXAMINATION OF WITNESSES—TESTIMONY OF R. Ht. HAND. Rh. H. Hand was then calied to the stand and testi- fled that the signature on the bond was not wntten by him; he did not give any bond and was not the owner of any whiskey in May, 1867; never made any poe to Mr. Cailicott to transport whiskey to jassachusetts or elsewhere. MONY OF WILLIAM H. M'COURTNEY, William H. McCourtney testified that he was Cot- lector of the Third district, Boston, Mass. (Witness shown exhibit No, 2, being the permit for the trans- rtation of the two hundred barrels.) Received thé May 16, 1867, and returned it to Mr. Tracy; spirits were never received; never received ‘any communication from Mr. Cailicott inquiring whether “ko turther evidence. OF i 0 evidence importance was élicited ‘and the court adjourged until twelve o'clock to-dare