The New York Herald Newspaper, December 22, 1869, Page 4

4 CG Senator Sumner’s Ocean Tele- graph Bill. ONGRESS. Debate in the House on the Georgia Reconstruction Bill. ze of the Bill by a Vote of 121 to 5h. = Reception of the Remains of (teorge Peabody. FOATY-FIRSE CONGRESS. WASHING Dec. 21 The Vick PRESIDENT called the attention of the Senate to the requirement of the the Sling of the Vacuucy occastoned by the deata of M senden as one of the Regents of the Smitsoman Ine stitution. | he law provided that this vacancy should be filled me manuuer vist commit appointed. aw for Fes Mr. OR\ ported tavorably, with an » for bhe exe cution of aw agatust polygamy in the Terrtiory of Utah, PUBLIC SCHOOLS IN THE DISTRICT. Mr. WitscN, (rep, of Mass.) a resolution, | agreed Co, lnstruc commitves on Columbia to examine Mito tae aqimine e School Comuussiouers, and the con- dition of ihe public schools of Washington aud Georgetow COSY OF REVE! 3. Mr, Srp of Ala.) su a resolution requestiife (ie secretary of the ‘Treasury to comuru- enate & statement of the original cost of tho reveiue cuviera nuW employed, and informa. tion in rezara to the number, compens officers anc men ip that service. REDISTHIBUTION OF NATIONAL BANKS, r & rep): of Ala., introduced a the more equa: distribution of national capital, providing that the amounr of circulating notes (0 be Issued to banking associations stall not exceed $210.000,00., and in Issuing said circulating notes prese shall be given to bauking associa- tions in seciions having the least national bank cir- culation, ‘That ie Secretary of the Creasury 13 re- quired to recire and cancel United States turee per cent certificates to the extent of te bank notes unc i interest on 1h United Sta: Finance. FORE Mr. Si bill reiati for king bill sease to pay of the Comuittee on countries, He urged on On the measure was very liupor- A discussion ensued concerning the propriety of giving priority to vis measure over olliers deemed by oiler Senators to be equally important. EXECUTIVE § bs Mr. RAMSEY, (rep.) of htmn., woved to proceed to the consideration uf executuve business, Waich was agreed to, und at twenly-five minutes to one P, M. tue doors were closed for an executive session. OCEAN TELEGR APS, After te lapse of an hour the doors were reopened, when Mr. MNERTenewed the motioa to take up the bill relative to telegraphic communication ve- tween tue United staies and foreiga RESTORATION OF VIGINIA. Mr. TRUMBULL, (rep.) of LIL, urgea the necessity of taking iptv cousideration LOW (Le bill relauve to the restoration of Virginia, Mr. Howanp, (rep.) of Mich., stated his disposition to favor the admission of Virgic nas her fidelity to the eniorcement of the Jou acts coud be suown; but at pre 1 further ipfOrmation on the subjec fuk NING Us. Mr. Cons1in JOfN. Y., troin the Committee on Kevision of Li reported tuvorabiy, withous amendment, tue House pill tor Lue taking of tee nth census. ju view of the report so soon after the commits of the Dili Lo the committee, he said the reason for what might otherwise secur hasty action Was based upou the fact that unless passed before the holidays the ccnsus would, uuder tue exisilag siatute, he taken under the prescut law of 1550. It was for the Senate to determine, in regard to the Lutries. te] House Dili, wiether, firsi, the bill was to be divorced trom its provisions 1a refereuce Lo the apportion- coud, whetyer m Laking the next cen- Was to dispense with the Marshals as ntahty and create oficers to perform this se Were the general quesiions. She others ters of detail raiating to the schedule, &¢ If the judgment of the Senate was that the House Dil oughi not to be accepted in substance as is stood, then it might be advisable to suspend the operations of te Act Of 1850 unul the Senate com- mittee could bestow further care aud examination upon the pending proposition, In reply to an in- quiry by Mr. Trumbull, be stated that. according to representations, if thts bit was now a law, te 1st Of June ovtn @ tine fixed for veginumg the work of taking asus, sudicient time would scarcely be given, even with the utmost duigence, to make the necessary preparations, among which were the printing of formuins, tabular statements, &c. To do this Wourd require all the time ve ween this day and the ist of June; therefore, the provisions of the bill ought to operate pefore the 1st of January if tue time fixed was to be determined upon, Mr. WiLSON expressed the hope that the bill would be recomint. ted, and that the comuittee would report a joint resolution to mest tue exigency. Ax immense numcer of officers were pint under the bill, and the Senate stiould act win pru- dence ant He moved to recomumitt the bill to are, r. CONs from the Committee on tne Revi- s10n of » then reported, direction of we committee, joint resoluuions suapending until February }, 1 ali existing laws reiating to the taking of i consis. The joiui resviution was at once taken up and passed. EXECUTIVE SESSION. ‘The Motion of Mr. SUMNER vo take up U Telegraph bill was then 1 to, When the seuate again weit int i ws for a short thir TELEGRAPHIC ATION WITH FOREIGN COUN- RIN, Upon the conclusion of the executive session the Senate wok up the bill relative to telagrap : munication between the United St and foreign countries, the question being upon tne proposed amendment of Mr. Sumner to make tue dill applic ble to Tr. as having a tendency pl d rignte by Imposing a code of resirictions upon cables here- tofore author Btrictious, Mr. PoumROY, (rep.) of Kan., said he supposed the object of the Seuator from Massachusetts was to provide speciatly for the case ol a ch cabie which had been landed on the shores of tuat State. He theretore submitted an ameadmneut, referring to the landing of the French cable and providing for itg removal unless compliance was made with the regulations imposed upon owners, Mr. SUMNER advocated a uuiiorm system in legis. lation relative to ocean cal ence to a suggestion 0 Mr. Morton con that the fact that the restrictions of the bi mignt be applied to our telegraph communicotions with Canada wat additional feature in its favor. The proper jurisal tion over the eubject properly belonged to te national government, and the ianding of (be French cable in Massachusetts Was subject Lo tat jusidic- tion. Mr. Howakrp considered the pili practically tnop- erative, butal the bill became @law, a% proposed to be amended, 1y would absolutely close ali communi- cation between this country aud Canada, ‘The regu- Jauon giving to the United States government privi- leges and control over the Lines coanectlag wisi Joreign couniries might be right, bus it did not con- fora to U isting state of things. Mr. UAKPENTER, (rep.) Of Wis., said that if tho liberuies of a people were enduugered i any one respect more than another it Was by the growth of Monopolies and ihe ease with which charters were passed th wtures, and no inat suuracts UUs ould ed by Congress upon well dened re- not be impaire oad nO such restriction upon the power of Congress Like that imposed upon the States, tat no law impairing obligauion Of contracts shall pass. AS # question of power it was within the Congressional province to repeal every Charter lieretofore granted by Congress. He deemed it vastly Important tha: in this country Congress should clearly assert tha: power, aud be- Heved it to be the duty of Congress, under its power, to regaiate commerce, extend the regulations over the telegraph and railroad sysiem of the several States. He favored tue bill and te amendment pe- eause OF ir Wnplied assertion, ata tit erent prover to lake tie assertion, of tue absolute power of Congress 10 reguiave this subject m any case of communication betweon this and foreign lands. Mr. MonTON, (rep.) of Snd., beeved Liat to be faily operative the conditioas here ii:posed must be cou- curred in by Canada, Mr. DAVIS, (Gem), Of Ky. between the United States and ductea upon principles of enue efect of the pil Would Le not to suspend, but to make perpetual thas principle 61 reciprocity, Mr. KAMSKY suggested A Wodiicution of the bill, by whic the exclusive control of pabies woula se ven to the Unitea States government for one our in every twelve, instead of for an indefniie period. in the coarse of further suggestions he said that the French government had givea to a company & certain monopoly: and, While we were perfectly justided in meeting thom with reatrio- tinderstood that lines an ia Were con- ity, and the NEW YORK HERALD. WEDNESDAY, DECEMBER 22, 1869.—TRIPLE SHEET. ; Wons, It should not be forgotten the company had been of immense service to our people by reduction of charges. Mr, CONKLING suggested an amendment protecting right® now enjoyed by the New York, Newfound. land and London Telegraph Compauy, and ausboriz- ug he extension of other cables to Lue shores Of the United States at some point north of Cape Hatteras. Mr. Hows. (rep.) of \VWts., moved to recommit the whole subject to the Commitee on Foreign Ke lations. Mr. THunMs States government prescribed coalitions upon a cable reaching to Frat that government could impose additional conditions, aud, ttiereiore. if we were to have an Atlantic cable at all, we should ‘The subject shouid be He was op- have a treaty on the subject. referred to the treaty-mmaking power. posed to it because 1b inight be intended as a pre- cedent Tor the intervention of Congress 1 the regu. Javon Of charges, &c., upon all tue railroads and } canals of the country. the motion of Mr, Howe was thea agreed to and the bill recommitied, COMPENSATING LOYAL On motion of Mr. Howe te House joint resolution rela Other Vessels owned in loyal States, directing it relmbursemeat of the owners in loyal stiles of steamboats and orher vessels taken by the govern: nt during the . HOWE explained that the bitt passed the House but failed in the amount of ¢ bul would CITIZENS. , Senate look up the wz lo steamboats aac cizens of f ron and those the South was wrong. acquiesced 1 = rislation during te war, bat to uring corward the principle Bow Was ljurious. ‘Tne joer lution was then passe WON INTHNN ALLO! . p.) of Me, moved ¢ 2 up hd promote an imtermatioaa e2 sid in Wasuingion city ia LsiL. Pending Uils motion Seaite, on wotion of Mr. PomMuEwoY, al lour o'clock aijourued, HOUSE OF REPRESENTATIVES. WASHINGTON, Dec, 21, 1869. DEDATE ON THE GEORGIA RECONSTRUCTION BILL. ‘The calling of tne joarnal was dispensed with in order that the debate on the Georgia Reconstruc- tion bill migut be coutinued. Several members asked and ootaiued leave to prt speeches ov the neck, Mr. Porrer, (dem.) of N. Y., argued against the |. bik, He did not see how any member who Had Sworn to Support the constitution could vote for it, He regarded it as wholly unconstitutional, and be believed it also to be unnecessary and wawise, He belleved that the policy of vengeance was only cal- ealated to increase the dissatisfaction, the disgust aod the sense of witng which more thao anything else interfered with the prosperity and well-veing of Georgia. It seemed to him that this Dil threatened the rights and liberties, not only of the people of Georgia, but of every Northera man a3 well, Jue offence of Georgia was the same as bilat of the State of New York, which had just decided by @ Vast majority that Negroes Would not be admitted to office Lor even admitted to suffrave without spe. clal qualifications. If Georgia could be punisued for that offence in the manner proposed by this bul, why could not New York also be punished in tho sume way? ‘This was put one miove in te dally strides towards centralized and absolute govern- ment and to the destruction of that system of limited and lovatized government estabushed by tue fount ers of the government, and in which ouly true liverty could be found Mr. Vookikes, (dem.) of Ind., took the floor and made an argument in opposiiion fo the Dill, tue Introduciton of witch he ascribed to the influence of tie Presid@ut. His oWa position was that Georgia had never ceased to be @ Svate, bat even under the doctrine aad action of Congress sie was a Suite, Being, therefore, @ State he suouid like to kuow from some one more eminent im the law than the presente Xecattve by what power the federal gov- ernment telis @ State to organize her Legislature in one way or another, Mr. DAWEs, (rep.) of Mass., inquired whether that ¢ @use in the constitution requiring the United States to guarantee @ repupitcan form of government in enc Stace did not require the maimtaining of a repubitcan forin of government, + VooRuees replied that the gentleman from Massachasetts was precluded from making that polut, because he had voted iast April agatust iier- fering With Georgia, and nothing aad occurred siace to atlect Mis Judgment tn that regard, uniess 1b were the Presideal’s Message, Mr. DaWes inquired whether Mr. Voorhees had asy other answer to make to lus question except he (Mr. Dawes) was estoppe Voortaes replied that unas g to be a good answer. Mr. Vawes auiitied that it mignt be a good answer as to Lim, Dub Was uot a suilicient ansWer as vo ue peopie. Mr. Voonarrs desired to know whether the gen- Ueman from Massachusetts held that unconsuca- tonal acs Of @ Stave Legtsiatare warranted we federal government marcuing an army into that State, strising down the habeas corpus dnd yoveru- lng the peopic ab the potut oi the bayonet? dir, DAW ood that ib de, eaded altogether f Lue UnCOUSstbutiOonal acts, Tne governutent Was authorized Lo do 80. might be guilty of what would call Upon the feceral government iN all 118 Capacities a ail is imactious ty iuveriere to maintain a repuvicaa form of government. It was a question of iact whether tuat condition of things existed in Georgia or bol Mr. VooRHERs submitted that it was not for Von- erally was held A Legislature ress lo review the ucts of State Legislatures and to decide whetuer they Were uncoustivutionul or Lot. it was for tue judiciary to pass upon the cunstivu- hoenality Of acts brought lato question. it was a heresy of the grossest Kind to assume that Congress had power, as m @ judicial capacity, lo revise the legisiation of the States and to determine wether they are In accordance With their Stave cons tiiutions, It Was a standing doctrme and ove Wulcn We sugacious mud of the gentieman from Masgactusetis resorted to only because he saw no otier ground on Which to base his defence Of tits bUL after the strong opposition Which he made to w similar bul lust Apri. Mr. ELpRipag, (dem.) of Wis., next spoke tn op- position to the bul, He saul that’ one of tie saddest Uilhgs in connection With discussion in tis tlouse yas tat the House had almost ceased vo be a de- Niberauive vody, aad that is acuon was dictated io Ac by leading paruizans of the republican party. if tue docuine were lo be estabdiisued taal tae com- Taisstou Of crime im a State justified the interference of tue federal governmeat, Way suould not tae doc- irine have been carried out us agaist. Massuchu- selis, Where the Most atrocious ceunes Were con- mitted? in Uus connection he sent to the Clerk's desk and hau read the report made to Governor Won Lae UNOAgeNeNt Of the Insane Asylum ssuchusetts He pi cted Ulat unless the every consututional meaos sted the 1ents of Congress tue itverties of the wd be destroyed and republican gove it Waa stigaiatized tn the House a3 ed oid court,” and the next Asswuit anch of the government Would ve 1 tue United Stes, .) OL N. Y., Was Ue neXt apeaker on He denounced the bil: as tue gospel of anarchy and tne philosophy of revolution, When uu the Governor ol a stive Langing arouad the hulls of Congress beguing to have his btate taken oul ol the Lulon tt led Lum lo inquire Lue reason Jor it, and Le found tHat reason in tue letler read yes- lerday irom the State ‘Treasurer, cuarging Go jailock with 8; for tiaser he would rather bring tu to tae siaughter thau to bring the stale of Georgia. (Laugacer) The at tempt Lo coerce the Siate of Georgia to rauiy tae fifteenth constitutional amendmeut wus tle oid Turecish system. Unaer the oid Turkish law i was ailowed vo tue Ulewas to interpret the law, but always as Ube Grand Selgnor wisted it, and 11’ wey did not Wuey Weve Lo be youuded to deadly tu a mor- tar. Mr. Binanam, (rep.) Of Ohio, took the Moor. He said the bill sent to us by the Senate 13 in confict with every letter of ue past jegisiation of Congress oa the subject of recoustracuon. itis in contics with tie express order of the President when he was General of the army, acting uuder the law ot re- construction in 1905, in relavon to Georgla. It is in couiict With tue utterances of the Attorney General of tue United States in reterence to Virginia under the operation of afl our recoosiruction acts, aad 1 is in conflict with mil the past legisiation of Congress acd of the interpretation of the constutauon, these reasons, i ask tat a postponed til the = third annary next. If unere be truth rn 2 said, majority mm this Horse should postpone it, Here we lumited to twenty InMUies’ discussion, shut Of iron reference to the record, asice cide a question by passion which ougut Lo be devided im Lhe night of the caim temper, of reason wud vader the obagations of an oath. ‘Tae honoravie geuticnan trom Massachusetts (Mr, Bat. ler) sald yesterday that for those frequent murders In Ueorgia, sor Liose dentals of right to the peuple of Georgia Were Ought to be a remedy in Congress. 1 agree Willi bidt, DUC this 1s not the bill before us, Tt atiords no additional protection to any maa, white or black. ft 18 Simply gratuitous wo make an appeal of that ‘ort to the House Aud it is equally gratuitous to atvempt to bring to the support of this measure the recor- mendation of the President of the United States, 1 happen to know, and therefore | say 1t, that there is a xingie ite Im tue Presidenv’s Message whicit ne never intended to be there aud which he does no tend by to-day, and that is the line which refers co tion of the oath enjoined by the recon- acts on members of the Legislature. The context of the Message slows that what le meant Was the tmposttion of the oath required by the third section of the sourtecnti amendment wish to say, further, that the Keconstruction act of the 24 of March, 1867, which underlies this entire legislation, enjoins also the oath of qualification requircd by the third gection of the fourteenth atnendinent. Commenting on the section which allows the army and navy to be placed tn the control of the Go’ nor, Mr. Bingham said the jaw is pot hy of a moment's consideration in the Honse of Representatives of the people, aud for one, no matter what party dictation may J stand here to say that J shall record my vote against 1t, It docs hot become the representatives of the people to be dragooned in any such Manuer into legislation touch tng, uot merely the rignts of thy poopis of (corgta, . (dem.) of Oto, said If the United | natured reguiations. d Mr, !Oaxnoy beiteved that the theory of legisla- | | tion by waica a disinction was made between loyal but the rights of all the people of the republic. 1 deny the perk of Congress lay the executive power of a natioual law at the feet of @ State Executive to be exercised at lis discretion, Congress 1s bound to execute its own laws throngb SS Pa 7 ate ter what the pregsure oF p: cul cousent to mtuitity myself, As to the rauficauon of the tifteenth amendment Mr. Bingham declared that nothing which humana mgenuity coud contrive was so likely as US bill to deseat that great and just aud teous measure. in conclusion le moved the further postponement of the Dill to the third Wed- esday ln January next. pair FAR OnTH, (rep) Of UL, Opposed the bill. He felt coustray . he satd, to support the motion of the gentiewan from Ouio (Mr. Bingham) and in case it failed, Co vote against the bill, He staved nts grounds of opposition a fifteen minuses’ speech. Mr. PAUNR, (rep.) of Wi3., Supported the bit and had some reports wud letters road showing tie De- cossity for such @ measure, 4 Mr, WuirrEMons, (rep) igt 8. C., spoke for wa es ta support of tue bill, ars Mogan. GreD.) of LiL, mtimated the diMcuuy that might present itsell if Us iil Was postponed and the Legislature of Georgia Was again Mn session. kee did not Ww those weimbers Whom tus Aw did pot recognize as enuded to their seats could be dispiacet. br BUTLER, (rep) of Masa., closed the debate. He deplored the defection of tue gentleman irom Oto (Mr, Binghain), aad mMuMated that he seemed to have caught infection from the neigiborhood Le pied (alluding to We fact that Mr. Bingiai sits on the deuiocracue side of the House), He replied briefly to (ne arguments made agaist the Bill to-day, aud im reply W Mr, Cox's speech he said thas ne garded that gentiemah 2s racher encroaching ou “log should Dot eat dug;” attack curpet-bagger. prised that a ian Wicd a ladle to be punked upon skouid have made ad joke On th@ natue of the Governor of coorgin, (Lauguter,, AS to the slatewent that dus Dil found Ls origin sn the commendation oi the President, the couiadiction of that lay in the {uct that ihe bul Waich he (Mr, Butler) brought be- sore the House iast April was substantially the same 48 Unis bul, The effect of tue postponement of the . bil would be that waea the Governor and those who bad been recommending this legisiation returned to Georgia they would be sent to join the ranks of the murdered iégisiators, As to Mr. Binghain’s argu- mentior postponement he thought 1 suicidal. Li the bil were go bad, 80 utterly vile as to be un- worthy a place in tie House of Representatives of the people why keep It alive to the third Wednes- day ia January? Why not vote it down ut once? He expressed himself much pained ‘a! heariag the geatieman from Onto say that there a line inthe Message of the President which President never intended should be there, and that he (Mr. Bigham) knew it. Now, said Mr, Builer, if he means by Knowing 1 that be knows it by the context, that 18 one thing; pat1 he means tat be knows It from what the President told htm, 1 think he should make known to the House that be Was authorized to make that statement, Is he guthorized to state that the President of the United States has made him a special nese to juform the House that in a solemn message seht by the hx- to both houses, there was a@ line wiich he never intended to be tyere, sod that the President nad ieft it there jor our guidance, aud never let anybody know about tt except the geniiemaa trom Ukio? Are we to un- derstand from him that the Executive thus deals wii Congress? I thik think there can be no more severe criticism on the course Which { have over and over again deprecated, ol undertaking to control the action of the House by preteuded private commual- canons from the President of tie United States. I never did vive them to the House, aud I pave no respect, in that regard, for any gevtleman who does, When the President of the Untied states communt- cates with @ member of Congress as to private gen- tiemen, neither of them ceases to be a gentleman, aud pelther of thei shoud repeat the conversauon. But if the President of the United States undertakes to Jog roti business—— Mr. BinGHAM—I call the gentieman to order. He has no right to talk of the pect logroiling, I sald nothing to justify is Lt stand on what | said, and the gentleman from Massachusetts has no power to wove me in the assertion Whica t make, that the President oi the United States never meuut to recom- mead to Cougress that tt suculd impose on Georgia the test oath i the reconstruction acts, Mr, BurLuR—t'here was no occasion to call to order. I do not believe that Presideut Grant under- took to communicate to the House in that way. Mr, BinGHAM—Nobody said that he communicated to the House. ecutive Mr. BuTLER—T do not desire men to come nere, as they did last session, saying that the President wished thls or that. I only reier to this that we mdy not have it any more, [regard these a3 tae most indecent exhibitions of Executive tniuence that ever disgraced Congress, not from the Bxecutive, but from those who pretend to give his words. ‘The devate being closed the House proceeded to vote on Mr. Bingham’s motiov to postpone. The motion Was rejected—yeas 54, nays 111. The repub- licaas voung for 1 were Messrs. Bingham, Farns- worth and oburg. The amendmeut oifered by Mr. Beck was rejected, and we bill waa then passed—yeas mays 61, Among the negatives were Messra, Bingham and Farnsworth, VHB CENSUS LAW. ‘The Sonate joint resolution sasyenang the Exit ing provisicns of the law for taking the census was taken up and pas RECESS OF CONGR: Mr, Nisnack, dem.) of Jud., offered a concurrent resolution extending tie recess trom the Stn tll the io of January, He said be understood twat arrangements had been made by the principal! com- jaitiees to hoid their sessions’ daring the recess to prepare business for the house, so no tune would be lost by the proposed extenston. ‘The resolution was sustained by Messrs. BorLer, of Mass,, And SCHENCK, ond It Was agreed to. V8 BEMALNS OF GEORGE PEABODY. Mr. Jonas, (dem.) of Ky., called up his resolution offered last wees requesting the President to actati one or thore sitips-of-war to meet at sea the English war ship coming to this country with the remains of ore Peabody and convoy it into port, and he pro- “ied i Support of the resolution to pronounce a eulogy on the character ‘of Mr. Peabody. Mr. SWANN, (dem.) of Md., suggested an ‘amend- ment providiug for a commitvee of Congress to atiend the obsequies of Mr. Peabody. Mr, Jonks allowed that amendment to be offered, Mr. SCHENCK, (rep.) of Obio, moved to adjourn, ving notice that one reason for the motion was to give lime to gentlemen to consider the propriety of incurring the expense whicu the resolution wouid render necessary, Mr. Vookibes expressed his regret that that re- mark should bave been made, Mr. SCHENCK reminded the House that one or more vessels of war had beea detatied from the American squadron in European waters to form a convoy, Tat was suicient, He also reminded the House that Congress bad already givén public testi- montals of tts respects for Mr, Peabody. Ungra- cious 43 16 might be he would say that he would rather divide a litte of that respect and attention by sending ships to meet the body of some humbie individual, poor it might be, who in proportion to his means abroad, while the struggle was going on for the life of this nation gave his Gme, lils energy, bis hopes and endeavors, along wilh his sympatiies, to the Union, (Clapping of hands by severat members.) He would say, although he soouid stand alone, that up to this point he thought that they had done euough to mantlest re- spect to that individual, and that there were other consideravions wiich weighed on the minds of some which would induce them to permit him to be brought to his country and buried quietly and honor- ably in the soil that gave him birth, Nr. VooRUERS suid he would go ns far as the gen- tleman from Ohio to do houor to that class whom that gentleman spoke of. fe did not think, how- ever, that considerations of that Kind ought to be thrown in. If the resolution had not been Intro- a the louse perhaps might, without any injns- tice to itseif, have done nothing; but this resolu lion waa now before the House, and any negative action would be construed by the civilized world as a mark of disrespect to the man whom the civihzed World delighted to honor, For that reason, if for no other, he desired action on the resolution, and favorable action. dem.) of Ky., expressed his regret that gion had arisen, and said that his selse Ol propriety forbade lilm Lo allow the discnssion peed furtaer. He therefore moved the pre- vious question. sat SCURNCK Moved to lay the resolution on the pie. Mr. BUTLER, of Mass., moved to adjourn. Mr. SCH#NCK then withdrew his motion, and the vole was taken on the motion to adjoura. the House refused to adjourn—yeas, 41; nays, Mr. ScueNCK then said:—“Had I been aware the fact that unanimous consent was asked to bring Lats subject before the House | certainly should have objected. Ido not propose—the matter being before the House and having assumed its present forin=-to make any Opposition to Ik 1 will not w motion to lay on the table, but will let it go for w! it is worth, in view of What all the county under- stands, | presume.” dhe resolution was then adopted in this for: That the President of the United States make such preparations distinguished pai ant fn ® manner commen uity aod dignity of n grout pe a: t w York, Importers and cousu i flues and Wrought iron tubes, for a duties theceon. . KALLOGG, (reps) Of Conn., presented the pett- of Wie Governor of Connecticut aud others for the relief of « ‘al Robert Anderson, Mr. Cox presented the petition of citizens of But », COnLrASLIOg Lhe present price of coal with 1s before 1850, aud prayibg to ve eutirely reuieved ¢ MONOpOly. RESOLUTIONS, Mr. ARNELL, (rep.) of Tenn., from the Committee on Accounts, reported a resolution, which was allowing clerks to the following com Banking and Currency, Commerce, Naval Atairs, st Oilice, Railways and Cavals, Indian Alfairs, Foreign Affairs, Printing Ninth Veosus, ‘Territories, District of Columbia, Educational aud Laoor, Mines and Mining, Kevision of the Laws, Reconstruction, and Manufactures, Mr, MUNGEN, (dem) Of Onio, introduced a joint re- solution permitting army and navy oiicers on we retired list to bold civil offices. Referred to tue Com- miti¢e on Military Affairs. Mr. LOGAN itroduced a joint resolution aonating caunon tor the erection ol an equestrian siatue in bronze of General Grant, to be piaced oa the south verrace of the Treasury. Pasgeo, Several resolutions of inquiry were adopted, and the House at five o'clock adjourned, with the agreo Inont that to-morrow's session ahould be for general debate only. " THE LOTTERY WAR. BEN’S FAREWELL SHOT AT MORRISSEY. Another Suit in the Supreme Court—Mr. Wood Feels Contrite and is About to Throw Up the Sponge—He Gots Morrissey in Chancery First and Judge Cardozo Acts as Second. Ben Wood secms, when backed up by an ener- getic judge as his “second,” to be about as invinci- 4 dle as his burly and iaurelled antagonist, the Hon, Jon Morrissey, ex-M. P, R. and M. GC. On Monday anew complaint was drawn on behalf of certain partes and yesterday upon presentation of the complaint duly verified, aud the aMidavits of Henry Volton and Samuel T. Dickinson, Juage Cardozo issued another mandate, which is presumed to knock Morrissey out of time, The complaint is drawn in the ordiuary form, almost similar to those preced- ing it, but charges in addition that the defendants, Morrissey, Anderson and Zachariah KE. Simmons have conspired to defraud the plaintufs by ovtain- | ing control and possession of the busmess; that the appolutment of Morrissey as receiver was ef- fected by their collusion; that at the time of secur. ing said appointment sald Morrissey, Anderson and Simmons wel! knew that the order appo'nting Wood receiver was in full force and effect, ana that the transfer of the property by Morrissey to Willtam L. Simmons was a pretended sale and conveyance for the sum of $25,000, and that the price was far leas than the actual value; that such pretended sale was fraudulent and vold, but ia held by said W. L. Sim- mons for tho benefit of Anderson, Murray and Z. E. Simmons, &c, ‘The following are the aMdavits and injunction:— Supreme Court.—Cly and County of New York.—Henry Colton and Samuel 7. Dickinson vs. Zachariah E. Simmons, Charles H. Murray, Wiliam C. France, James Stewart, Isaac Bernstein, Benjamin Wood, John Mevool, Jacob Bauch, Francis King, Reuben Parsons, ‘Marcus A. Littell, Benjamin 8. Halsey, James 8S. Wat- son, Charles H, Murray, Zachariah EB. Sim mons and Lewis Dams, as (aueged) Trusiees, éc., G. P. Sweeney and C. 8, Howard, John Morrissey, witam L. Simmons and John Anderson.— City and County of New York, ss.—Henry Colto1 and Samuel T, Dickinson, of the city and county ot New York, being each severally duly swora, atd de- pose and say, that the platntiifs (these deponents) and defendans are associated togetner in business, ina eaten d of interests gud profits, except the defendants, Johu Morrissey, John Anderson, William L. Simmons, Lewls Davis and Zachariah 6. Simmons, That before the commencement of this action, and for along time prior thereto, the plaintii’s (these de- ponents) and defendants as aforesaid were and are the owners and proprietors of certain franchises, commonly called and known as ‘Lottery Grants,’? authorized and issued by the States of Missourl, Kentucky, Delaware, Georgia and Louisiana. And deponents farther say that they are tuformed and believe that they and the defendants as afuresaid own in @ stmilar way other similar franchises or lottery grants, issued by the Legislatures of other States, the particulars of which these deponents are unable to state, but which were and are for the ase and benefit of these deponents and defendants as aforesaid. Deponents further say that the said lottery grants were and are, as these deponents are informed, and believe and aver, based upon special and speoific statutes or legisiative enactments of the States of Missouri, Kentucky, Delaware, Georgia and Louisi- 7 ana, authorizing certain parties (corporations or mn- dividuals) named therein, to raise money (Py lottery) for municipal tmprovements, educational purposes and other lawful or «oral objects, and that, as deponents are informed and believe, and aver, the beneiit and privileges of those legislative acts have been and were assigned or otherwise transferred (1n writing) for a valuable and proper consideration by or from the original grantors to the parties through and from whom these deponents and the said de- Tendants derived title before the commencement of this action. Deponents are unable to set forth the dates of said respective enactments of their names, but refer therefor, as well as for the provisions of those enactments, to the printed volumes of the Jaws of said several States, in pursuance of the statutes in sach case made and provided. Depo- nents further say that they are informed and believe and aver, that ali of id ipktary, ‘ants were in existence for umber of and some for many years prior to the commencement of this action; that they ure stil subsisting and ilkely to conduue for years to come; that the principle upon which said fran- cuises Were and are based was und is not contrary to, bus conststent with sound policy and public mo- rality; that the busimess conducted by these depo- nents and said defendants under said grants was and 19 fully legalized in and by the said states re- speciively; that they have beep, were and are lawfal property within said States respectively, and so treated and respected; that contracis and other trausaclions growing out of grants and franchises, in reference thereto or. in any way aifecting them directly or Incidentally, have been, were, and are upheld, provected and sanctioned 1n and by the laws of said several Staces respectively; that by the laws of said several States respectively said grants and fran- chises have been, were, and are capable of sale, mortgage or other transfer like personal property, generally by, or from the original grautors! and their transferees, and that as property thus impressed with the character of personal property, ther have been, were, and are of great pecuniary value. De- ponents further say that before the commencement of this action the said loitery grants were consid- ered to be, and were divided into 120 shares, twenty-two of which shares the deponents were betorey and on that day the absolule and undisputed owners, aud that the residue of sald shares wece owned by some of the defendants, as deponents are informed and believe, and in addition to said grants or franciises depouents and said defendants afore- said are the owners of a large and valuable amount of other persoual property and moneys, a large amount of which 1s within the Jurisdiction and con- trol of this court, but the particulars of which depo- nents are unadie to enumerate or describe in detail. Deponents further say that during the period that they have beon and were connected with the said lottery granta, the business thereof has been prosecuted by and Tor the benefit of themselves and co-owners tn the name and under the styie of C. H. Murray & Co., the profits and losses thereof being apportioned among the said owners according to the number of shares owned by each of them respectively, or according to heir respective interests in the said grants. Depon- ents furtaer say that agencies have been, were and are established throughout the said several States froresaid, whose acts have been, were and are for the benefit and on the responsibility of the principaia, the owners of said granta, ‘That Uhese agents sell tickets and account ly to thelr principals, who have to make good y prize drawn oy the purchaser of said tckets, at the said bustvess involves very heavy daily penses, the precise amount of which deponents being ignorant, cannot set it forth, and that Mabtlity ‘pou prizes drawn is very great and icapable of being stated, and that as deponents have reason to, and do believe and aver, that with the various incl- dents and appurtenances thereof, the business done by and under said grants, by aud in the name of C. Al, Murray & Co., amounts ii the aggregate to seve- ral millions of doliars, with a corresponding liability aud responsibility proportioned to the several shares owned by the said several parties. That the management of the business has been carried on under the bame ot CO. H. Murray & Co., and that the defendants, Zachariah E. Simmons and Murray, ciaiin Wo exercise und have assumed the Ties ineus and control of said business, under and Virtue ol & pretended deed of trust, acting as thougt they were really the owners and proprievors of said franchises, That thg said ohariah E. Sim- mous aad Murray are seexing ond striving to obtain tae sole control of the agents and agencies, and will not deter vo any exercise of anthority on the part Of these plaiotif:, That the defendant Zachariah H. Stamons, on the —- day of Docember, 1460, cnterod the principal office of ©, Uf. Murray Co., No. 294 Rowery, city of New York, and has taken physical possession of the ‘books and property of deponents (these plainti(ts) and said fendauts and carried therm away, and removed a beyond tie reach of these plaintitis, That as depogents are Informed and believe, the satd defend- ‘ lurray and Sinymions, have directed the corres- tents and agents of ©. il, Murray & Co. to direct SMErs Pertaining to said busimess to some other unknown to deponents, omer than the general ofiice, ‘hat the, gatd C,H. durray & Uo. have for @ long tme past deposited the moneys pertaining to satd busl- ness tn the First National Bank of New York, for aud on accountot the Virst National Bank of Jersey Cuy, N. J. That within @ short time past the Moneys #0 deposited bave been withdrawn, or have been withueld trom deposit by said defendants Mur- Tey and Siuimons, and converted to their own use. ‘That (he business aforesutd has become embarrassed by the Ulegal, Improper and unauthorized conduct of 8uid deendauts Murray ana Simmons. Deponents furtuer slow and aver that on or about the 24th day aber, 1964, John Morrissey instituted and ed an action in the Supreme Court of tina Stale agvinst all of the above named defendants, except Wiliam L, Simmons, G, P. Sweeney and cv, S. Howard, and asked in his complamt for the ap- powrtment of a receiver during Wwe pendency of tie action of all the property, lowery granté and fran- chises eet forth in the complaint in said action, and Which 18 the same properly descrived in the com- plaint herein, aa well as for other relief. Deponenta Turther show hat such proceedings were had tn said action that on the 6th day of December, 1869, and Wiite said action Was pending and Undetertmined an order was entered therein appointing Benjamin Wood revsiver of all the property, rights, granu and franchises of ©, H. Murray & Uo, arising aoder or appertaining to the grants aforesaid. Deponenta further show that alterwurds—to wit, on bd 6th day of December, [84¥—the said Benjamin ood executed aad fied ots bond as such receiv in the oflce of the Glerk af thia cours duly aporaved | by thereof, and thereupon assumed and en- aes ‘daties of his said trust. Deponents further show and aver on information and belief that the defendant Morrissey at one time was the owner of a number of shares of the said lotiery grants, but subsequently and before tho ist day of Decem- her, 1869, sold and disposed of his interest to Zachariah £. Simmons for large sum of money, to be paid by the satd Simmons by inatatments, but said Simmons failing to meet said payments, the defendants Morrissey and Zach- ariat if Summons sold und. conveved their several iterests in some form to the defendant Benjamin Wood, for an amount of upwards of $200,000, to be aid by instalments, and that there has been paid hereon upwards of $100,000, the balance thereof not having as yet matured or fallen due. Deponents lurtver show that atone time defendant Anderson owned ten shares of the interests in sald 1s and property; but before the commencement of this ac- tiou he sold the same to the plaintiff Dickinson for the sum of upwards of $60, retaining a wen thereon for upwards of — $60,000, Deponents further show, on iniormation and Delt that the defendants John Morrissey, Anderson ani Zachariah E. Simmons, have frauaulentiy conspired together to defraud these plainulfs by obtaining the ossession and control of the business carried on by . H. Murray & Co., as well ns to repossess them selves of the interests heretofore conveyed by them to the defendant Wood and these platntift, That to accomplish ana carry out this object the sald defendant, Zachanah E, Simmons, in coilu- sion and under the direction of defendants Morrissey and Anderson, commenced an action in the Supreme Court of this State, on or about the isth day of December, 1569, against these plainudls and other defeudants, for tae purpose of securing the appointment of said Mor: rissey as recetyer of ail the property und etfects of UW. Murray & Co. Deponents further show that for the purpose of carrying out suid conspiracy and defrauding these piainliils aud securing tLe posses- sion and control of saia property the said Zacaarial EB. Simmons, in coilusion with suid delenaants Mor rissey and Anderson, procured in sald action on tue 16tu day of December, 1869, an order appoimling the said Morrisse, as receiver, Deponents further show, on information and belief, and 80 charge the fact to be, that the said dereadants Morrissey, Anderson and Zachariah 1. simmons, at the time of the granting of said orders well knew that the order appointing Benjamin Wood receiver of said property was in full force,‘ virtue and eifect and knew that the legal title to the same Was vesier in the said»Wood. Deponents further say that they are informed and betieve that the said Morrissey, retending to act under and by virtue of the author- ity of pe appointment as receiver, and while the titte to the property was vested in and in the posses- sion of the receiver theretofore appointed, lor the purpose of defrauding these plaintids, has pretended vo sell and convey the grants and property in question to the defendant, William L. Simmons, for the sum of $26,000. Deponents further show that the said defendant, William L, Simmons, weil knew thatasc the time of sald pretended purchase of satd property by him from Morrissey that the title and possession of said property was Vested in Ben- jamth Wood, aa receiver, by virtue of an order of this court. Deponents further show that said Wil- Mam L, 8 ons is @ brother of the defendant Zachariah EH, Simmons, and was weil acquainted with the value of the property so pretended to have been purchased by htm from the said Mor- rissey, and that the price pretended to have been pald was tar less than the actual value of the same. Deponents further show, on information and belief, and so charge the iactto be, that said pre- tended sale was frauduleut aud collusive, and made for the purpose of detrauding these deponents aud others, and that said William L. Simmons holds the pretended title to the same thereunder for the benetit ofthe defendants Anderson, Murray and Zachariah K. Simmons. And said deponents further sway that said pretended sale by defen- dant Morrissey to William L, Simmons is fraudulent and votd, Said deponents further show, on information and belief, that by the fraudulent acts and representations of the defendants Morris- sey and Zachariah K. Simmons, ©. H. Murray & Co. have been induced to accept several draits in favor of said defendant John Morrissey for upwards of fifteen thousund dollars, and now heid by the de- “fendant Morrissey, for which the said C. H. Murray & Co, have received no consideration, and the payment thereof woulda seriously prejudice the righta of tuese plaintiffs and the other par- tiee tm interest. That under the present con- dition of affairs, the said defendants Morrissey ana Simmons arrogating to themselves the right to manage and control said business, and having by their illegal, improper and unauthorized removal of the books and property aforesaid, de- ponents (these plaintitts) are compeiled to continue in and be exposed to all tne prejudice and lanility of the business 1p question, agains’ their will, with- out any emolument therefrom, and without being suffered to represent or act in bebalf of their own interests; that deponents (these plaintiffs) Irom this cause must and will sustain and suffer irreparable Qud irretrievable injary; that the business hereto- fore conducved under said lottery grants has been prosperous and lucrative, but through the miscon- duct and mismanagement of tho said Murray and Simmons, and such of the defendants as are acting in conjunction with tbem, the same has become impaired and greauy depreciated in value and losing heavily, and under its present manase- ment must and will continue to do so. Deponents are informed and believe that the books, papers and muniments of title to the lottery grants in question and other papers appertaining to the business thereof are in the possession or under the conwrol of tne defendants Murray and Simmons, Deponenats further say Wat the sald association doing business under the name of C, Ht. Murray & Co. are mdebted to them in @ large sum of money, arising out of the proits of said business, which they reiuse to pay. HENRY COLTON, 8. T. DICKINSON. Sworn, &c.—Henry N, Waits, Notary Public. ‘The following ts Judge Cardozo's order: Ordered, That Benjamin Wood, of te city of New York, be and he 1s hereby appointed receiver of the property, assets, credits and effects ot the business mentioned in the complaint, and of tie grants, franchises, corporate privileges or pro- perty of Pt. nature held in trust or claimed to be weld in trust by Charles H. Murray, Zachariah E. Simmons and Lewis Davis, for the use and benefit of themselves and the other defendants, in this action, or any of taem, and of all property or rights of property held, owned or controlled by the firm known as C, H. Murray & Co, And ii is further ordered, that sata receiver execute @ bond tn the sum Of $10,000, with sufficient sureties to be ap- proved by a justice of this court, conditioned for the faithful performance of bis trust. And it is further ordered, that apon the execution and filing of said bond, said receiver shall be vested with the usual rights aud powers of receivers. And it is further ordered that the parties to this action, thelr agents or attorneys, OF any person or persons hav- ing the custody, control or possession of any money, books, papers, choses in action, estace, grants, frau. chises, corporate privileges or property of any kind beionging to or apreriaining to the busluess men- tioned im the complaint herein, assign, von- vey, trausfer and deliver, the same to the said receiver, together with all _youchers, apers or correspondence relating thereto forthwith; and that said defendant Morrissey be, and he 1s hereby enjoined from disposing of, or collecung the acceptances referred to m the complaint herein; aud that he pay over to said receiver herein all moneys in ins hands belonging to C. H. Murray & Co. forthwith. And that said defendant Wiliam L. Simmons is hereby ordered and directed to deliver to the said receiver herein all pro- perty, money and effects recetved by him under the pretended sale from John Morrlasey, as receiver, immediately upon the service of a copy of this order. And it 13 further ordered that ine said receiver have liberty to geil and dispose of ue lottery grants and franchises mentioned in the complaint in this action, togetuer with ull properly of whatever kind belonging or appertaining to said business, either at pubic or private sale, as may best protect the interest of all parties. And it is further ordered that these defendanis and each of them be and they are hereby enjoined and restrained from seiling, assigning, transferring, mortgaging or encumbering, or i any way or manuer whatever parting with or disposing of the lowery granis in question, or any one of them, or the business or good will of tie business apper- taining to all or any of them, or to any night, ttle or interest to or in all or any one them, or the real or personal property belonging or ap- rtaing to said business, wherever situated, or rom im any way issuing or operating the lottery grants In question, or from cansing or participating in the drawings under said lottery grants, or gener- aily from pursuing, prosecuting, conducting or c Tying on any lowtery business whatsoever for, in half of or in the name of said lottery grants, or any of them, under any pretence whatever, And it 1s further ordered that these defendants, and each and every of them, be and they are hereby enjoined and restrained from receiving any money, checks or pro- perty of any kind, from or Masking use of or employing: Mn any manner the agencies or agents, or any of them, belonging to or connected with or forming part of the business conducted or pursued under Une said grants or any or either of them, And it ia furtner ordered that the defendant show cause why the injunction and receiversaip hereby granted Should not be continued in force unvit the final de- termination of tue cause at a Special Term at Ciam- bers of tia court, on the first Monday of January, 1S, at twelve o’Clock at Hoon, oY a8 soon WuereRt ter as Counsel Cau be Leard. ; From this it will be seen that Benjamin Wood has finally obtained control of the lottery franchises, and that he remains at preseat in undisputed possession of the same. The order upsets the plans of Hon, John Morrissey, Simmons & Co,, and reinstates Mr, Wood tn ail the benetits to be derived irom the re- ceiversiip. Mr. Wood intends to advertise and sell the whole of the lottery property ay public auction, including that to the pretended sale by Hon, Joun Morrissey on Friday last. After Wis sale he says be “will Wash iis Lands of the eatire lottery business.” SuccessFoL Co-OrRRATION.—The workmen in the Shops of the Hoston and Albany Ralirout ao Spring. field, Mags., have successtuily combined to save Mhohey in tho purchase of the necessaries of life, From one man’s buying, at a “jobbving figure,’ a box of soap for himself and fellows to use inthe shop, the business has grown till It compasses the supplies Of four, sugsTs and most of the grocertes required by fifty famutes. The accounts snow a Monthly disposal of 100 barrels of crackers, 200 bar- rela of four and 28 barrels of kerosene, with 300 boxes of ratsina and 50 coests of tea per ir, and yi LaLoo, be: and las to match, So tn luo mia sar’ onde, he pfs It twenty per ceut “ol” ry claimed to bo Fates at the retail atorea. THE DICKEY MURDER TRIAL. Rum Drinking Over the Murderer’s Victims. Night Session and Fifth Day’s Proceedings in the Dickey Trial at Haekensack, N. J.—How Tired” the Prisoner Was a Few Hours After the Shooting and-What He Did to Recaperate— All tho Testimony Submitted. The trial of John Dickey for the murder of his wife, Mary Ann Dickey, was continuea Monday evening in the Uergen county Court of Oyer and ‘Yerminer, at Hackensack, N. J., Judge Boule pre- siding. ‘Yue testimony adduced during the night session and that of yesteraay closed the Case in the matter of evidence, when counsel began their arga- ment, occupying the entire afvernoon. The court room was again crowued and the same interest was evinced as when the prisoner was arraigned. The fotlowing 13 the testimony: NIGHT SESSION. ° Sherif John L. Van Blarcom testified that he received Dickey’s pistol, with four barrels stil loaded and two discharged, from oficer Westervell; caps Were in place on it; could see the balls by look img down the muzzles; did not wish to carry the weapon loaded, and so. fired off the remain- ing charges; had a slungshot in his pos- session which he also obtained from the above officer (produced in court and tdentified); ob- tained clothes belonging to Colquhun, the murdered maa, at same time the weapons were given lum. (wo shirts, ofjeavy material, marked with dark, bloody patches, cut from Colquhun’a body at the time of the Coroner’s inguest at Bombay Huok, were also produced and identified.) in the Sheriffs crass-examination he testified to having seen a slungshot before, though not made as the one shown; he did not think it was a fish-net sinker, if iv was it was a very peculiar one, CONSTABLE JOHN P. B, WESTBRVEL RECALLED. vonstable Weatervelt testified that he got the. slungshot from a chest in prisoner's bedroom ten days or thereabouts after the inquest; iu the chest were papers and a demtyjohn of liquor, but no clothing; could state positively that the shirts shown 1n court were the same cut from Colquhun’s body, by tne stains of -blood and tho peculiar cutting they received when taken oif, CONSTABLE JOUN P, JOMNSON'S EVIDENCE Constabie John P. Johnson testified that he was an officer, living in Cioster, Bergen county; that he summoned tho Coroner’s jury ut Bombay Hook to hold inquests on the bodies of Colin Colquhun ana Mrs. Mary Apn Dickey; saw Golquhun’s body lying on the floor in the south room; was on his right aide, with his legs drawn up; noticed his clothes in every perouian bis dress was not atall disarranged; ooney and Quigiey (previous witnesses) came to bim the morning alter the murders and apprised him of the state of uffairs at Dickey’s home; Mra, Dickey was not dead when witness got there MARGARET JANE DICKEY RECALLED, ‘The prisoner’s daughter was again recailed by the prosecution and testified that sue had seen the slungsoot then in court before, as long back as a year; had seen it tn her father’s trunk in his bed- room; did not know where it came from; had also seen it in his coat pocket along with the pistol pre- viously shown and identified by her; that was two weeks previous to the shooting allray on the mora- tng of November 2. Jn ber cross-examination she said—Father went @ fishing soinetines with net at the factory dock net described by witness a8 being square, with two alf hoops at either eud); did not kuow whether he ever used a sinkeron it ike the siungshot in ques- tion; he used to have someting on it to sink it; father’s trunk tn his bedroom was generally locked; saw the slungshot in itoue day when mother an self were house cleaning; saw 1t when iL Was taken out by Justice Purdon. llere the prosecution rested, after recalling roundsman Austin, Who tesidfied to unlocking tae truné and procuring the pistol after the murders; with presenting the following exhivits:—The clotmng of Mrs. Mary Ann Dickey aud Colin Coiquhun, the pistol and slungshot, the diagrams selected by Dr. Crary, of Closter, by which le endeavored to show whe nature of the wounds Inflictod upoa tie deceased persons, and two diagrams of ‘the arrangement of the rooms in Dickey’s house, ‘The defence then without any opening argument proceeded to call their witnesses as 10llows:— WILLIAM KELLY'S BVIDEN William Keily, “a man of ail jous,” testified that he had known Mr. and Mrs. Dickey about four years; that nis (Keliy’s) house was above unelrs, a distance “worse than two miles when the tide was down, and about iwenty-five miles when it was ap; Dickey came to bis house about six o'clock on the morning of Tuesday, November 2, and wanted witness to go for a doctor; went back with Lim in @ bout as tar as his house; got out and went into the room where the shooting had taken place; saw the dead man Colquhun lying on the floor; Dickey’s wife was also there with her “three children aud a big Newfound- land dog under the table; Mrs. Dickey was lying on some bed clothes; she did not spoak to witness, but he did to her; ook her by the hand, she moaning heavily all the ume; put lus hand on the dead man's cheek and sald to pris ner, Who was present, “He is deaa;’Oh_ yes, he is,” responded Dickey; the pris- oner told his wile that “he was going to 1onkers to. give himself up,’? when she said, ‘Johnny it’s wm: Tault;” Dickey had his handkerchief m his hand. and he began to cry; he then at once anid “You wit ness that, it’s tho first time I ever got anything out of her;" did not really know what they were talking about; Dickey did not have hold of her hand; Als daughter Margaret had then gone uv stairs in the north house tor money for him; when she returned he asked “Had she no more than forty?’ saw her go and come back with something, but cannot say waether it was money she handed’ him or not, but supposed it was; Dickey and witness then vent to Yonkers, bat could not obtain @ doctor at the time, 98 WWo whom he (Kelly) called upon were unable to go with him because of anticipated prolessional duties; Dr. Pooley alierwards went over and sent bit back with a botue to get filled; wien Le revurned Mrs. Dickey was dead. CROSS-EXAMINATION OF KELLY ° in the he said, after a deal of ward questioniag, that when he first saw Mrs. Dickey she must have been very weak; she was in a good deai of pain; were were pillows beside her; lier hand, Which jie wok hold of, was very cold; Dickey first stood on the stoop; he came in alterwafds, stepping over the dead man, Colquhun; wickey showed him a demijonn of quot as soon as he came in, and each of thei had a drink, the dead man and dying woman within @ few feet ol them; atthe time of drinking Dickey said, “We were at this (iiquor) all night; ne also said he was very tired walking 80 far aiter him that morning; Mrs. Dickey did uot say anytting then; when Dickey did speak to her she was very weak, moaning all the time, but she aid not say ‘it’s all your fault;’’ he Wought he understood jer too well for that ‘This was the substance Of the scene in the dismal kennel a few hours after the commission of the crimes, 80 far as understood by this witness, Who mumbled and muttered much thar was irrelevant and contradictory. YESTERDAY'S SESSION, Judge Bede, who was compelled to proceed to Paterson in the morning, reiurned at tWo o’ciock, when the trial was proceeded with, the defence call- ing upon Constable Westervelt to measure in difter- ent portions of the court spaces of twelve feet six inches, fourteen feet six inctes and three feet, wich was done With an oraiuary two-foot rule, when the defence annoinced that Liey rested on their side. ‘The prosecution then called tae following wit- ness:— JAMES KAIN'S EVIDENCE. James Katu tesiided that he lived about 10 feet from the house where the shooting occurred: went there with the prisoner; Mr. Dickey asked me to question lis wife how the thing nappened; she wok ine. by the hand, and saaking her hand, said “Dickey was a bad man; that sue wistied to be kilie outright, as she was sure of heaven, and that she was ii great sufvering;”’ Dickey said Le would give himself up, and not run away, but notily boas MeNetil; that there would be bail required, and the next thing he would have todo would be vo got a divorce; left him there the fires time that J went oub; she was tien lying out ta the roo, In the cross-examination of this witness he testl. fed that when he went in with Dickey the jatter tod him to ‘ask her how the thug iappenea.’* Mra Dic did not reply to tus. ‘The prosecution aiso restea here and the caso Me et on both sides at tweniy ininutes to three o’clock. District. Attorney Ackerson then arose and said that inasmuch as the case had occupied so much time the prosecution would waive the right to open in the matter of summing up; but the deience heid that they expected the prosecution to proceed as usual, Which was done. Up to five o'clock District Attorney Ackerson had addreaacd the jury on the part of the Stace, and A, D, Campbell and P, A. Youngbivod for the prisoner, ‘The theory of the derence, so far as (hen developed, seems to tend towards the insinuations of an adul- terous nature on the part of the murdered wonun with Colin Colquiun, and that the prisoner took her life because of 't. Tie greatest latitude ts given, the counsel on either side by the Court, ag It is w case ae required thorough gifting, which tt las re- ceived. Weattit or Ont0,—-The vaination of reat estate in Ohio for the present year amounts to $007, 418,208, which is an mcrease of $15,964,716 since last year. Chattel property reaches an aggregate of $469, 762,252. ‘Tho total property in the Stave, §1,157,140,455, ‘The increase on real aud ie a perty over 1863 1s aoout one and one-A(th per cent, and dh real catale two por cent,