The New York Herald Newspaper, November 3, 1870, Page 5

THE NEW ELECTION LAW, The Constitutionality of the Act of Congress Sustained, Opening Proceedings—Caleb Cushing Takes the Oath as Assistant District Attorney—Judge ‘Woodruff Delivers the Opinion of the Court-The Constitutionality of the Law Sustained on All Pointe—Ter- ence Quian to be Sentenced This Morning—The Case of Joho McLaughlin, ‘The United Staves Court room was densely crowded yesterday morning in anticipation of the delivery of the opinion of the Conrt on the constitutionallty of the new eloction law on the points raised by counsel ‘on the previous day in the case of the United States against Terence Quinp. At @ quarter past eleven Judges Woodrutl and Blatchford teok their seats on the bench, when a new feature of interest to the pro- ceeding was added by the appearance and swearing in of the eminent constitutional lawyer Caleb Cush- ing a8 an Assistant Disirict Attorney, SWEARING IN OF MR, CUSLING, ‘The District Attorney rose and said:—May It please (he Court, I hold in my hand a commission appoint. fog Hon. Caleb Cushing specially assistant to the ey for this district, and 1 now move ‘Wat he take the oath required by the late act of Con- Judge Woodrutt—Iet jhe oath be administered, District Atrorney—The statute organizing the Dis- Department requires that all counsel employed py government specially shall be commissioned 96 assistant atterneys, and shall take tne same oath ‘has 1s provided for the Umited States Attorney, That aR jn the gtavutes of 1862, . (en duly Gwern v wae the sta- - tutes ag assistant attorney to Mr. Davi. s JUDGE WOODRUFY'S DECISION. Judge Woodruff then proceeded to deliver the de- Cleion of the conrt, Throughout his elaborate ruling on ali the points submitted in support of the de- Maurrer he spoke in most emphatic language, and ‘was listened to with rapt attention. He said—Tho demurrer to the indictment now before the court, which was the subject of discussion at our last ses- sion, presents two questions. The first ts, whether the Iaw of the United States under which the indict- Ment ts found is constitutional; or, ina more @ral form, whether it is a valid enactment? It sailed, first, upon the ground that 1t Is an infraction of the censtitution of the United States; and second, whether the indictment suifictently charges an offence under the law? ‘The Court will not endeavor to aiscuss with great minutenesa or particularity these two questions. ‘The shortness of the interval which hag elapsed since the argument ciosea has precluded the clapo- ration of ap opinion opon the points which are raised, THE COURT'S VIEW OF THE Law, Had the Court entertained serious doubt of the @orrectness of the conciusions which they have Feached, they would have taken tune for @reater deliverstion, ang, if it seemed to ‘hem fit, have endeavored to throw light upon the subject by an extended discuasion. But entertain- ing no doubt, and deeming it unnecessary and un- Profitable that the progress of the public business should be delayed for the purpose of indulging tm an elaborate expesition of constitutional or other Jaw, we felt not only at liberty but constrained two sonfine ourselves to avery brief statement of tne Jeading grounds upon which the conctasion which We have reached must rest, THE YREMISES ADVANCED. First, then, 28 te the constitunonality of the act ‘tn question. And it 1s tmportant, perhaps, certainly we deem it wise in approaching that subject to state fast what the qnestion is whicn we axe calied to ‘somsider, and to what anarrow point of inquiry the questions involved in the present demarrer bring us. ‘The section of the act of Congress upon which this indictment is found 1s singie; it is a single section ofa single statute. !ts validity involves tae consideration of no other sections of the sume or ether statutes. Lis discussion does not bring into Wiew namerons qaestions, some of which were Minded to in the progress of the argument, wnich might or might nor be fit subjects for discussion, if other statutes or ofsersections of the preseut siatnte were verore us for review. ARTICLE | OF THE CONSTITUTION--THE POWERS OF CONGRESS, Without reading the section under which this in- diciment is found at length, or attemptlng to speak itm teennicai terms, 16 must be snilicient to say it it is an uct which makes @ irandnlent register or fraudulent attempt to register by a person not having a legal rivh: so to do for the purposes of an clection of a member of Congress oa crime against the United States of Anierica, and the vandity and consiitationality alone, which we are to consider, r upon the simple question, Has Congress the power under the constitution to de- clare a fraudulent registration or traudulent attempt to register for the purpose of voting for a member of Congress, a representative or delegate 1m Con- errs, a crime agaiast the United States’ We, tuer. fore, enter tuto no consideration Of vanous topics which were briefly aiinded te, referring to other de- tails of other laws, or of the act of which this section to a part. Tiere are four provisions of the constitution of ‘the Unitea States, reierence fo which is pertinent te the inquiry before us. The first is:— ARTICLE 1—SKCTION 2.—The Mouse of Representa tives shall be composed of members chosen every necond year by the peopie of the several States, and the electors in each Stave stiail have the quailfica- tions requisite (or dlectors of the most numerous branch of the State Legislature. Seo. 4—Sab-division 1.--The times, piaces and manner of holding elections for Senators and Kepre- sentatives enall be prescribed in cach State by the Legisiavare thereof, But the Congress may ai any aime, by law, make or alter such regulations, excopt aa Lo the place of choosing Sv. 5—Sub-division 1.—Each house shail be the Jndge of the elections, returns aad qualifications of its own members. And Seo. $—Sab-division 19.—Congress shall bave power “to ake ali laws which Shall be necessary aud proper for carrying into execution the ioregoing powers aud ali other powers vested by this constitu: ion in the gevernment of the United diales wr to any department or ofticer thereof. First, does the act tm qneston infringe the pro- vision of the constitution which I have read which provides that clectors im each State shui Mave the qualifications reguisile for the eiect- ors of the most manmerous branch of the State Legislature? it is arguea with grest in- genuity and ability that tue act im question intringes that clause of the constitution, because if secks to establish a test of qualification; it seeks to amirm the evidence of waalfcation, and by so dolog u—- ex vi terminis—\tnpeses qualification itself. We ap- prehend that that argument resta upon no solid rasis. The act in question neither professes, nor by any implication can i, we think, be construed to adect the quatifvation of amy elector anywhere. 1 amposes no duty to register; it prohibits no registra- Uoh that ts required in the State to which the clec- tor seeks to exercise his franchise, It touches no qualification of the ciector in any ovher respect. It Jeaves the State to prescribe the qualifications of electors for the most numerous branch of the piate Legisiature, in ihe largest a fullest extent, un- vouched and unaiected. It gays--and enly seys- that when the qualification of registration is im- pesed by the State Jaw (leaving the expediency or wisdom of such a law eutirely to the judgment ef the State) tr shall be an offence | % the laws of tue ‘Onited States to contriBute, “by frand and violation of the State cog Jaws, to the sending of 4 Repre- resentative to ihe Congress of the United States who 18 not clothed with tne authority which a trne ex- pression of the popular Will would give, and that is all, But it is said that-Uomgress, having nothing to Ao with the question of qualtfication, cannot treas of the subject of qualification at all; and because © require Uiat the ciector shall have ihe quaiifica- ions which the State law taposes, and make bia voting or an ico if he Mave not Uist qualification, ts on the part of Con- gress to impr & condition itself to nght to vote, ‘She Court da pot feel valted upen to sey, hew- ver livtle doubt they may feet upon the subject, whethex or not whe Cae of the United States might, i{ they saw Gs, make tt a condition through- out these Onited States that all who come te elect members oF the Douse of Representatives shalt Hirst vegister thelr nam We de aot concetve that that question 1s jnvor but that the prescripnon of such a conditien is no infringement of the elector's rigbt to vole we have no doubt, and we re fer with confidence and with satisfaction te the constitution of {the State of Now York as the expost- dion of ve views of har people and ner Legislature, at jeast, apon that precise quesiion. Tt1a provid tn her constitation of 1846 that any male citizen of the age of twenty-one years, who shall have been a ciizen for ten days and an innabitant of this State pne year next preceding the eiection, and for the leet four moaths a resident of the county where he may offer 3 vote, shall be entiiled to vow at gach clectton in the mlestloy district akwbigh he awl at the We | | Won that poxsibty ine itervention of Con i { i j j | | i NEW YORK HERALD, THURSDAY, NOVEMBER he a resident, and not elsewhere, for all officers that now oro or hereafler may be elective by the people? — ® declaration of qualifications and the sole qualifica- Mons which, under the constitution of the State of New York, it is competent to ibe. And this same constitution, not deeming tis unqualified de- claration of the qualification of voters infringed in any degree, have, in section four of the same article, provided that laws shall be made for the ascertam- ing, by proper proofs, the citizens who shall be entitled to the right ot suffrage hereby established. Our reflections lead us, the fore, to the conciusion, and, without hesitation, that the presertption of # mode of ascertaining and cer- tifying the qualifcauon of bim who shail present himself to exercise the elector’s privilege 18 no in- fringement of the clause that declares What shall constitute requisite qualification, and is no attempt {0 prescribe to the States—to this State or to apy other State—any condition of the exercise of the right of suffrage, and no atteumps w prescribe the queutpenona, of an elector. If we are right in uns, then the second xection of the first article of tho constitution is no lmpediment to the legislation of Congres 8 upon this subject, VHB OONSTIYUTION PRESOKIBES THE TIMES, PLACES AND MANNEB OF VOTING, The next clause of the constitution to which wo refer—section four, subdivision one—deciares that the tines, places and manner of holding elections for Senators and Kepresentatives shall be presoribed in each State by ihe Legislature ubereof, but the Cones tae at any time, by law, mak alter such regulations except as io (ae place of choosi Senators. x aid Upon this affirmative provision of the constitution, apd 1h support of the legisiuuion which 1s now as salied, 1018 lusisied that (bis clause of the constitu. Uon Warrants the passage of the act in question om the one band, while on the other it is denied that this section includes the authority claimed, and, sec- ond, that the authority attempted to be exercised ls within it The framers of the constitution of the United States placed its government, all its atrengtn and vigor and ali its permanent capaelty for usctulness to the people, for whom 1t was made, mn the votes.of the people themselves, The debates in the conven+ tion in Which the constitution was framed, the dig- cussions Which were had by way of expost- tion when the constitution was presented to the States for their acceptance, boih of which wore freely cited to us In the argument, show in the Lull Krgponer that those iyamers of the cons tien did nov foy one moment lose sight of tho Ta —on rich along gover’ ment of the peopie cold pe safe to the people them. selvés, or could secure tf fcent ends ior which At was institujed—cuat that popular vole should ba the true expression ef the opinions ana choice of the electors, Hence We say this section four of the first article of the constiiation—as was ably, clearly exhibited in the argament of the learned counsel for uls de- fendant—the framers of the constitution, eithe through an apprehension ihat in some pore’) change of events the Stutes might become indirer- eut to the general good, and so neglory fffeir duty, OF Warned, perhaps, by oxy . , under te revious les, Pledérauon on that subject, or, wit. Ol, Toxecasting the possibility that, ab 8 rf ee cu “1 site meet ch obstacles Would be inter] vo the and f cpreaen of the popwar veice, and so conscior at the very preservation of we ore ent ,, for wll its useful ends, demanded nae uation through @ popular vote should , they by $uls Iourth section conferred wer upon Congress for that self-preservation. Might somewhere be so arranged, and fer some end other than the well-being of the whole na- tion, taat the Sova Voice might be dented a fall expression. Viace might be so fixed as In that mode to defeat the general dad the tudtspensadie poy ‘he Manger of holding an election might such as alike to operate te prevent an open, fair expression of the popular voice. Or, to use an fius- tration Ireely ia the discussions had when those men who went into the various States and elsewhere weote in explanation of the provisions of the consti- tution, that geome migat understand \t, elections might be conducted, either threugh an indifference of Ue States or other that the general government might ina itself -the very pcopie im whose Toundanons of the government rested, Hoetico we say the scheme pointed out by this section four, and heuce, we say, the explang- tions which Sana @iven by the great and good men wi . Bt postae've me viat we ought to pause but a me- ment wpon the suggertion that in the enforcement of a law such as we have vow before us for consid- eraticn, intended to secure an election of members of the House of Representatives by the giving of ail legal vows sad by the eiving of none that are frandolent, the government 9! the Uatted States nas ho interest. Unsupported wil the WHac 18 THK GOVERNMBNY OF YER UNIDRD tea’—what 1s ded to be an artificial thing j watch men ca!l “government,” and which 1s some- times looked upou ae the source as well aa the ¢x- hibition of power, and not cepabie of interess more than ft bs of thonght or ieeling, But the government, ol the Caltes States, In the one sense, 14 the people of the od Stales—one and ali, Wrougpout the lengih and breauih of the jamd, And the people of the United States, here and everywhere, have not ouly an interest, but an interest, that tsyvital, io the preservation of Uteir institutions and in the preserva- tion of all Lhat 1b pure, JUSC and honest fn the popu- lar vote, on W! their safety and security weir Inailoutone ana ay qpreriinen iesi <n Now it is conceded, tf 1 have rightly apprehended the arguments that have been addressed 1 us, to be within the cons'tuuionat grant of power to Con- gress tO proceed upder tis power to regulate the umeé, pice and nunner of bolting elections, and te MAKE sUCh regolations Bs to each what all the eiec- tors in every State shal! heve fuilapd fair opporcn- to declare their will, And the illustration chicNy used wi jhe discusswwa, fo watch Lhave re- erred, was au tliusiration drawa from the snppesi+ secure (hab end Migis become necessary. ‘TILE RIGHTS OF VOTERS AND CHEIK PROTECTION, {tis equally havertané thas NO One who ie not a elecior Bhali be pertultiou to defeat the will of tious who are by intervostag his vore at snot election. it 18 also equauy tmportact tat av one snatl de per- raitted ty deposit more votes than he ta entitied 10; and both thes possivle evils rest precisely upon the principle on Witch 1b Was declared chat thls clause wight be useful anc the exercise of the power might become hecussary, mM order that xl legal voters should have full and fair opportunity to deposit their votes, The Court are Rot wbie tO keg tie diference in principle between «a Tegutanon to enabie all lo yote who are enutied to Vote and avegiiation te prevent men voling who are nov eutitied, or prevent men vote wore iumes or m more piuces than ont. I 166, then te power to do the ove and tbe power to prehiuit the one involves the power to prohibit the other. The power to Make.a recuiation that shati secure to Wo vole # Kale and Conventont ex- Uege involves the power to gee to i Hot entitled bo vote shall be sise Lat right. And ati tuis leaves, the subject of qualification of electors untouched, leaves the laws of the States, leaves the laws of the State of New York to eparate tn thoir jul! force, And though i be true thar the Jaws of the State of New York canaot be relied om us the source of to the enactment, If is be necestary reier the power oi Congres’ to pass thls enactment to @ graut to be found in the constituvien wholly Independeas of Stare aucbonty, taen the Cour mus Say that it bas rt in whe section before ns. Sud if if be true that (he existence of that power iu Coagress ts exolustye, 30 What when exeréiged it takes the place of exisume State law aod the imaposiuon of eS, DE It 4O--LIMS inVeLves ne LEW prin- cipie. ‘The Court and the people of this country nave long been lamiMar with tie doctriue, which 1s sew conceded, and, indeed, insisted on here, thal the legislation of Congress On the subjects ¢ 1b DY Lhe CONSULUULION I OXCILsiVE thus subject ) gress has seen Mt to exercise Wie power which is conterred by the fourth section. Now, oa that sub- ject sWo OUSerVatOUS are pertinent. ‘Two observations, 1 aay. are pertinent, and the fixst is, Lia. failure to exercise the power hitherto 19 shown by tite ilstory of this goverumeni to furnish eo argument agaist tis existence. The debaies to which Ubave referred, the discussions to which £ have relerred.’ wit breathe of tae contiaence we { framers o1 vie Cousiicntion had, not oly im the patriotism, bul the ipteliigeace aud wisdor and t ihe which was vo eonvened Adeuty of congress of convened and tue people uo. the states. the Untied States las comiaued to from tha tine onward that same conil- dence wat tie people of tite Untied States would, on this subject, make ail cae and ueedful reguialions tas been exbiwited. If 1 be Lue Laas the Wie Las come wich the contomporaneous ex- poritors of the Constitation contemplaied as poasible und designed (0 anticipate and guard against, im which it was expedient ior Congrads to intervene and exercise the pewer, then ‘nat tune has come whe anticipations of which Carnisucd the oveusion and the ground for introdueing this clause iio tha constitulon, Waether that tune has ceme in which just apprahensien warranted legisiation; wheiner | occasion, fierefore, EXIsts Whica mane it best aod Wise thas Congress should exercise the power, Ww a question with Which a trivunal of justice aas nothing Lodo. Of that Congress ts the sole and proper Judge. (THD; POWERS CONFERRED UPON CONGKESS, The otucr observation having reference co this Japae of Ue which 1 propose to make ts this—-thas there are Bamerous powers conferred hy the conati- tukton upon Congress which tor 4 time remained dormant in their bands. There are powers which even now remain dormant in their hands, and the hisiory of adjudication on this subject shows it to have been weil established by devisions of the Sn- preme Court of the United States that the circwastance that states have legislated, and wh periods §= of years, | upon the subject, without question and ‘without intarference by Congress, la no de; impairs the force of the constitutional grant to the Congress of the United States, aod thelr neglect to exercise the power in bu sert defeats the Power itself. contrary, watil th® Vongreas of the United States acta in the exercise of the power—until then the States, in matters not parca inhibited, legislate, and their legistation tag full force aud validity. When the act of Congress comes in then the act 19 exclusive. And, ogain, therefore, I say if it be true, if the argnment be sound that the power of the State of New. York to punish cannot coexist with the power of Congress to impose punishment under te law whieh we have before us, then the exclusive legislation of Congress mitist prevail, and i 18 Teasoping reversely to as- sume ov 10 argue that the two cannot coexist. The legisiation of Cho State dees exist, and therefore the act of Congress cannot stand. Jt 4s reversing the order ofarguinent, Perhops | have nos done jusuce ty the auguuieul oy ib Was wreyented. buy thee oh- = AULOTiby OF a8 giviug any vigor | servations seem to me pertinent to one of the views which was presented to us im (he discussion. MORE OF ARTICLE ONE, 1 have anticipated in what I have sald the force and effect of the nineteenth sub-division of theelgpth section of the same article—the power to make all Jaws which shall be necessary or proper for carrying Into execution the foregoing powers. Lf, according to the view which we take of the section already considered, Congress has power to regulate the time and manner of holding the elections, 80 a8 Lo secure as well full and fair opportunity to vote at all elec- Mons for members of Congre and alse to see to it that no one fraudulently exercises the privilege of Young, then it follows, tinder the nineteenth sub- division, that Congress bas the power to pass all Jaws which shail be necessary to give effect to those regalations, and we know of none so eficicnt as to add the sanction of a penalty, There 13 another seetion upon which I desire to make @ single observation—section tive, ‘Each house shail be a judge of the elections, returns and Waliications of its own members.” We do not think it necessary to rest our views of the constitu- tonality of the law upon that section, and yet the fPeament to our minds is plausible in a high aegreo Mf indeed We eught not to regard it as satisfactory alone considered, viz., that when the constitution conferred upon each House the power to judge of the elections, returns and qualifications of its own Members, and then authorized them to make all laws hes ‘ary and proper for carrying into execution the foregeing powers and all other powers vested in any department of the government, it authorizes Con- gress to make such laws touching the conduct of Giections and yeturns as would operate, first, to furmlsh each House pf Congress appropriate evidence of the validity of thé gojumission or ap- olutment of any man who came theye claiming he right to a seat, and alike to pronibit the inter+ vention of any obstacle which might embarrass or revent the exercise of the right of each House to judge of the election of any man who claimed a Night toaseat. It is familiar to us all that when contest arises (I refer to tuls os the practical exposi- Won of the subject) Congress feels itself at liberty to Epes. the matter of the election of a Repre- fontative vo jig very foundauen; to look through and beyond ail ferms of authentication and certidcate, and inquire ana determine the actual fact whether or not he who claims a seat is entitled Slereto. Aud our statue book coutains numerous provisions having fer thelr object the facilitating of the inquiry; and can it be that when Congress is clothed with full powers to pass all laws to carry into effect this power conferred upon a depart. of the government that they may gt e it am offence against the laws of the United States to effect a fraudulent registra- tion, which ts to gtand as prima facie eviaence that the vote which is Cast is a legal and proper vote? T will not enlarge pee. that branch of the subject, but (a6re are Cons leratious tending strongly te the Maference Hi a aug pant last two Clauses Ww! ample to sustain the constitutional ou on which this Indictment is founded, THR INDIGIMENT SUSTAINED. Onr conclusion, then, 1s that the section ef the act ih question, and upon which this indictment rests— the twentieth section—which assumes the power of Congress to make it an offence against the laws of the United States to frauduicutly register, is & con- stitutional enactment. ‘The next inquiry is whether the indictment in question Is @ sufficient ludictment iader the act. ‘bat question Involves no constitutional considera- tions. It involves no principles that are not gener- ally applicable to any ordinary inquiry into the suitl- ciency of indictments, And in reviewmg this subject, looking at the bistory of adjudication, par- ticularly in the United States courts, but sust: by the courts of the State of New York and of Mas- sachusetts and others, we find ourselves in no doubt, ‘This beiag @ misdemeaner created und declared by statute, it is suMicient to describe a statutory offence in the words of the statute itself—in the words of the statute, adapted, or course, to the particular circumstances mvetved in the offence which 18 charged. This dootrine seercs to usjabundantly sus- tamed by decisions that are to be found in 2 Galll- aon, 4 Massachusetts Reports, 2 Curtis, a decision in this district which 159 reported in 9 New York “Logal Observer,’ a decision in Bald- win's Reports, one that was freely referred to from 7 Peters’, in tae Supreme Court of the United States; a dectaion of the Supreme Court of the State of New York, in 8 Wendell; another ing Mas- sachusetis, a decision of the District Court ef the Northern District of this State, reported tu 4 Blateh- ford, 6 392, and which has singular significeanco in reference to @ branch of the discussion upon this Polat, in which a mau was indicwed for perjury under the statute for <aking # false oath before & Commissione’, which indictmont was held msum- cient hecause the Commissioner was described as a “Commissioner of the Onited States,’? « description ef so general a character 48 not to import ap authority to administer an eath; butin which case, notwithstanding the indictment was held insuiicient, the Court took occasion to say ' that setting forta the commission or the particular } powers of the Commissioner, or the source whence they were derived, ts not necessary, provided he is alleged to hold an ofice which upparentiy confers upon him the authoriiy to administer tue eath in the case specified, and, that being dene, the general allegation that be bad competent authority to ad- mlnister the oath is declared to be sufficient. ‘This indictment, in our view, follows the words of the statute, Its’ departures ‘are not properly de- partures; they are adaptations of the charge to the particular facts alioged; and within every view it is [rye \aat they are in subrantia) conformity to the atures it is suggested by my assoclate, and very pro- perly, that 1: becomesa necessary partof our judictal duty, in constroing thas indictment ang in applying the jquiry whetver it 1s <nstantially in conforinity with ife statute, that we take, as we do und as we are bouad to do, judicial notice of the statutes of the State of New \ ork, which are referred to in the in- dictment itself. Uyon both of these poiuts, there- tere, ivolved in the discussion, we are ‘of the opinion that the fadictment should be sastained and tual the demurrer of the deicadaut be overruled, There was considerabie sur among the audience when the Jearved Judge nad couciaded. £UE DISPRICD AVTORNBY MOVES VOR JUDGMENT Ov TERENCE QUT ‘The Districh Attoraey then rose and said:-—May it please the Court, J rise now to move judgment upon the prisopesat the bar upon the dvcizion of the Court overruing the demurrer, it wil) be remem- beres that € gave notice to my learned friends yes: terday tiat ] Bhowid consider i} my duly > make Ui Motiqw if the demurrer should be overraled, upon iay Vews of the law governing cemurrers of this Kind. ihaye po hesttation in demg units for an- other reason, which ts sir, (hat upon the questions of ine genes naving been cummilited, there can bi Dossible deubl. Those tacts stand ad- a ession whieb the law attaches to a general demurrer, Mf had tue slightest questie whatever of the aoility of the gevernment te pro" the facts of double registration by the accused, and vt the registration by nim, after having been convicted or u felony whuch would deprive him of ail right to vote, Lirankly say that | weuid consent to a jndgment requiring him to plead ever. But having Lo donbdt, because there can be noné upon whe fact of the double registration, and haying the record of Nis conviction in my possession, | think it my duty to Josist, im accordance with the notice { gave my tcarned friend, tugr the judgment should now be pronounced, which the law requires, upon the prisoner, ape upom that sab) 1 ask ifthe Court ncevtains any dow what r that my ienrned associate, Mr. Cushing, may be heard. Judge Woodraft-Do coansel for (he prisoner de- sive to be heard r Mis, Guras— We have nothing to aay. I. STOUGITON'S OBIECTION. Mr. Stonghton—We a demurrer was interposed, a for | the purpose of raising questions which te counsel believed could be raised at more convenience io the Court, with # ylew to what we supposed might be the direction of the Court as lo the ultimate disposition of any question thab might arise, than by raising it In jany other inode, [tis in the discretion of the Court to permit a plea or not, We are not disposed to say one word on the subject of how the Court shail exerci¥e that discre- tion except to aay this, that in the fistory of the ad- fulnistration of the law lu tus City, as ascertained by Inquiry of the seyeral aistrict attorneys, State and national, fina! judgment upon tie demurrer, as asked jor, bas uever Leen practized. We do nei Say anything furl BACTION OF THE COURTS REVIEWED, rt) 7 Mr. Curtis—T will state to your Honors that I have made inguirias of Severai districh attorneys of the ver the las ceurred in the practice of ine court of @ demurrer being overruled of the de- fourrer wud jadgment aud sentence moved thereou, MS, CUSAING’S VLRWS. Mr. Cushing—May 1 please your Honor, I nse at the suggesiien of the District Attorney, not 14 voluntecr any «gument.ia support of his motion, bat ouly to say to the Court that if it emtertains an, doubt upon that question and desires argument it wilt aiford me pleasure to sabmit tt, Otherwise, in view of this tevard ana of the assurance ef the Dis- trict Attorney that there ts 00 donbtef gatlt, | do not Wish to oecupy the time of the Court. Mr. Stougnton—-Am J vw understand the | Disivict Attorney to urge a different sentenc! cause Of dome proofs which ie saya he fas uw bis possession-—as, lor instaace, the record~frem wuat would be rendered if he had no such proofs’ The District Attorney—Not at all, I only refer to that as ® fact that ppose cannot be gainsajd. ‘The indictment states ihe previous convicwon of this defendant, Jadge Blarchford—The eleventh, twelfth and thir. teenth counts of the indictment set forth adirma- lively this conviction as the grouad of the disquall- fication of the party—that he had no cignt to regin- \er or vote, and we undersiand that you refer te the record as @matiey of proof, to ve given under the indictment, ‘The District Attorney—l-spoke of tt only as 3 fact sbowing that the party ts guilty beyond ali questiol. THE DISTRIOT ATTORNEY SUSTAINED. Woodrust—The Conrt de not deem it neces- Sary to hear argument from counsel for the govern. ment upen this question; neither do the Court dean it necessary to enter upon mquiry, In the attitude im which this cause new stands before us, whether the rule whict was adverted to before the present de~ tuurrer was interposed 1s absolute and unqualified, ned that jndgmens on an indictment ® misde- meanor and demurrer thereto overruled 1s tiual, or whether that rule is subject the control of the Court, ‘There have veen various de- cisions op the subject, and some opinions by very eminent judges, that when an indictment for tmis- demeanor is deinurred to (he densurrer is and 1s to be treated for all the purpeses of the trial and final judgment as a confession ef the facts alleged as consiitutiag the offence; and if overruled, as though the prisoner stood in court pleading guilty, which he has a right to do ti he sees ff, L say we do nob think If necessary io inguire whether that rule is ab- wolue of wheiber ib ja under we cemy ~ oF Le | | | { { | | \ | out in such | graphed. s Court Learned judges have given the opinion thas ft is im tho disereuion of the Court, nut in giving that opinion, so far as cases bave fallen under our observation, they are careful to say that the general rule is that, on «i rrer to an indictment for & misdemeanor overruled, the judgment is final while in favor of nuiman life, where tie pantsh- ment is death, that rule’ does not obtain, And further, that in the case of misde- meanor, upon special cause shown, the Court say withhold judgment, decline ‘giving Judgment on the demurrer, and on an application, Sustained by proper considerations, suggesting to the Court danger that injawtice will be doue Ww the Drisoner; suggesting, pertaps, that he has been misled into the position in which he finds himself laced, or other grounds (which it 13 nob necessary Tor ine to anticipate, for nothing of that sort 1s sug- gested here), but whieh rend it harsh to apply What 18 contessediy the general rule, to per- mit we delendant io withdraw ‘the de qwurrer [rom the record and be put to plead. In the present case ali was done, short of the peremptory Imposition of a condition, to apprise the prisouer aud his counsel, before this demurrer was tnter- posed, that the general rule would be insisted upon On the part of the government, In this case nothing is how ealicd to the attention of the Court in any forin to be made the basis of any Judicial action Which indicates at ail that the prisoner at the bar had or has any defence, except that Which has been so ably ana so fully exhibited on his behalf, and, | trust, so patiently listened to by this tribunal, And in the absence of any other defence we are unable to see why the duty does not Fest Upon us to proceed in conformity with the gens eral rule governing sof like description. Mr. Stourh'en declared they had not had time to seaiaine the facts of tie case so as Lomake up a de- Judge Woodruff therefore suspended sentence unt Me oa a order to give counsel time to show w! ¢ sentoitee pnider the statute should be Multigated 1 the present case, THE CASE OF JOHN MLAUGHLIN het thea called up. Te defendant ia charged with lation of the Registry act ore places than one. ihe Alig Meiikoadl Gouusel moved to have the case postponed, which, after brief argument, Was assented to by the Court, the case being set down for to-morrow. UNCLE SAM’S PATROL. The United States Election Police—Reminis- cences of Burton’s Green-Room—'The Oye- ter Opener—"How the Old Thing Works” Politically—Where Are the “Stamps?” There is a& large, ancomfe! ous apartment in the bottom theatre in Chambers street. ‘able and kighly odor. ory of Burton’s old In the nights long gone by, when Burton charmed — enthust- astic andiences with his Amtnidab Sleek and Toodies, that apartment was used by the actors and actresses as o retiring room, where they might dress and have soctal chats “he- tween acts’ and before and after a performance. ‘This room has rung with jests, and wit and repartee found an easy expression among those whose bust mess it was to face the footlights vo admiring thou- sands. Long years have passed since those pleasant nights, and jaany of those who charmed the old room with melodious sounds and hearty laughter have passed (o their final reat and their hones are dust. Lately a change has cone over this old room. The United States authorities have converted it into a rendezvous, within the past ten days, for a class of men of dangerous omen to the pluck and erder of society. There are six cane-bottomed chairs in the room, & large table covered with long rolls of mane- script pasted together, which bung ever and swept the ground with their folds in an aggressive and ostentations manner. ‘There is a big inkstand, a big, thin-faced and pale youth, a second youth who is vetter looking and is not pale er lank in the visage, and then there are five or six anxtliarics of the seediest description “sitting around” watting to see what will turn up. There are large atacks of pampilets on the tavle in which information is furnished, to those who may desire it, as to the duties of deputy marshals, supervisors and Special deputies who are to control the coming elections in this city. Gangs of trom five to ffieen persoms are bronght im from time to time during the afternvon by parties who are interested in the elections locally. se men are bronght here to be sworn in as deputy marshals by the palc-faced youth in the laok visage. Some of these men ste very queer fish, to use a very moderate expression. They give wn observer an idea irem their appearance that they are all in ; trouble about next week’s board. The tmpression of the last “blast”? which they have received from their respective landladies still remains oa their patheic aud wobegone countenances as they en- ter the room. They huve all come here with the resolution to do or die—meaning that they will strike unui the last doliaris gone, aad then, sald one, “When I can’t get a cent wore 1 wlll vote she democratick ticket, 1 wil.” One has just entered the doer who can be ats- tinctly remembered. He used to open oysters in Jow den in Canal strect. About thirty years of age, with’ a goatee and stubby mousiache, and the cor- ners of bis mouth soiled with Lobacco juice, he seems ready for any emergency, and did the safety of a primary demand ft he might be relied upon to scuttle eR OF cut a throat with cheerful ape He wears tight pantaioons aud those peculiar thick+ soled suoes wiich are fonnd generaily on the feet of men who are capable of kicking the eyebrows of a political opponent, ‘This man is very serviceable in local rows, where mofensive Dutchmen are to be smashed, and it 6 a beast of bis that he can stand up at @ barroom } counter and take Tifteen rye whiskeys cold and with- ont winking. but the ex-oyster opener, though patriotic im the main, wiil aot volunteer without. being, as he phrases it, “purvided with the stamps." In answer to & question a3 to What the chances may be for bis servi remuneration in the comung election, he says volubly:-— “Ldon't knew bow things i goin’ to be, Larry Allep he runs a gang in our ward. He's got a good deal of money, Me made a pHe in the faro bank, and then ke Was @ big bounty man in the war. He’s.good enough to the boys around oar rd, and whenever tiey wants a square meal he t4 up for us. When there’s a sna| S sivare pits a fellow out of @ box. 1 saw @ man lying on 4 81 in Laurens street one night and his watch hung out of his pocket about six feet. I had been drink- log @ litte with the boys, and { had just left the ng at the corner. I saw the watch, and | was pooty hard up at the time. Now, what could a fellow cio under such suckumstances? 1 took the watch, and I decklare to God only it hung oggravatiny way i'd never # looked at it Batif Tdidn’t take it wouldn’t somebody else histit’ Well, the bloke tumbled to it, and { was They took me afore a police magistrate, and I'd @ got a couple vo’ years sure only for Larry Allen, He come into court and he says:—‘Jedge, don’t cominit this man. He'll go dewn afore Bed- ford, and he’il be sent higher than @ kite if you commit him.’ Well, the Judge was in with us, and he wanted us to wete aginst Tammany Hall this elekshin, and sol come off with fying colors. Well, that’s whui Iealls a square deal. So Yon see | when Larry Allen cenmtes to ne yesterday and says, says he, ‘I wants ye to go down to Chambers street and git sworn in tor to put & head on the democrats atelekshin,’ wot could 1 de? 1 uever ge back ona friend as dees me 2 good turn, and Wit lie, steal or fight for Larry Aijlen, ‘bem's my septumenis, and here T am,” At tbis moment a swarm of rough-looking tatter- Gemalions poured int the room, low-browed, reeking with blasphemous utierance and bearing themselves with insolent gesture. They ail saluted the oyster opener and received his saintations with a free and easy manner. w “Hullo, Shorty, yeu here: ? “That you, Jimmy?” “Why, Biliy, are you goin’ to support tbe Union and take the iron-elad owio? Weil, that’s the worst tne Thong. you had » milk route all sum- mer ¢° “Well ye see, Shorty, there's a good deal a money ina mUk route When you get the hang of it; bat this thing of gitting up on poor stomuck at two o’clock in the morning t turn out with a wagon, after ye bin all night on the batter, aint wot ita cracked up to be. Give me a job splitting snoots at ten duilars & day, and it jays over milk routes all to helland gene, i'm goin & be marshal, | am, and if there’s any mashing why ye can count me in. But they say its goin’ to be putty hard for us to git any money fer tis work and i'm against it if there's ne money. There's wo funds for the boys, and if Congress don’t make a0 ’propreeashin wots the boys goin’ to do?” “Weil, Jimmy, {don't know meseif, and f think yer head’s level when ye talk that way. My opinion 1s jest this: If Ledwith giis beat—and I’m afeer’d he will, no matter now much mashing we do—tnen Congress wen't put up a cert for us, and | wanta rake, 1 do, or 1 don’t ao no work. I heerd a clergy- man say woust that the laberer ts worthy of fire, and Vin with him every time on that.” ‘The frst question asked by every rough who came to be sworn was, ‘Hew are we goin’ te git our money after eieckshin’’ Then they are all at seaas w whether their compensauon will be two dollars and 4 halt a day, five dollars a day or fity dollars tf @ lump when their work is done, Our reperter asked one man who had a blue fire shirt on him (and, by the way, nearly all the mem- bers of the Fire Departinent are being swern to serve as Marshals under Sharpe) as to what his compen- sation would probably be. ‘ “J don’t know,” he answered, ‘no more than the man inthe moon. i'm out of work, and i'm willing to work like # good, square republican for me gin If they'll grub me. You see, some man in the ward gets a dozen of us fel- lows full of gin and brings down here, and some of us don’t knew each other from @ holo in the ground, and he gives the boys a dollar or two and tells us we'll get the afcer elekshin, If they play any game on me I’m goin’ aginst them like a dojlar,”? Now cight or ten of these fellows receive thelt weinted commissions frou the wale-faced man, sad 187U.—TRIPLE SHEET, they are ail told to stand np tn a rew and be swern. Some few take off their hats, a mayority leave them on, and th & melancholy voice the palw-faced youth reads the oath, Which Is the one administered in the Southern States to those who are suspected of disloyalty. Many of ‘hese mea do not pay the s!ichtest attention to the oath as tt is admin. istered and @ few slut their eyes and try to look as if they were impressed with the solemnity of the oveasion, while others are ready to swear a different oath every ten minntes during the day, at Bifty cents an oath, and atthe same rate they will cheerfully break the obligation. A large number of men were sworn m on yesterday, and of the aggregate the ‘Twenty-first aud Kighteenth wards constituted the largest number, 16 is calouiated that Gye thousand marshals wul be sworn In by next Tuesday, TROTTING AT FLEETWOOD PARK. A trot for a purse and stake of $1,000, mile heats, hest three in flve, came off yesterday afternoon at the Fleetwood Park between Dan Mace’s bay mare Lydia Thompson, to wagon, and Mr. Lovell’s bay mare Topay, in harness. ©. A, Hickok’s roan mare Edna was also entered for the race, but did not start. ‘There was & very small attendance to witness the sport, Lydia Thompson was the favorite previous to the start at slight odds, but after being beaten the first heat she sola for three and four to one in the pools. This looked suspicious, and very few pools were sold, Lydia Thompson wor the three follow- ing heats quite easily, and there were some queer remarks made about the way trotting has been conducted under the new rule The followmg are & few of the pools sold on the track: THE BETTING. Before ihe Stay" Thompsou, 40 76 100 Topey.... 23 45 54 Topay.... 20 10 ‘Thompson : 0 45 THE First Heat.—Topay had the inside and about haif a length the best of the start, This advantage she made into # length en the turn and carried it vo the quarter pole, in thirty-nine seconds. Soon after leave ing there Lydia Thompson broke up badly and lost elgat lengths before she recovered a square trot. ‘Topsy Was about that distance in front at the half. nile pole, in 1:1% The latter was then taken in hand, and Lydia closed up gradnally to the end, Topay Won the heat oy two lengths apd a hail, in Second Heat.—The loraes had a capital start, but Fong, around the turn Topsy bad a little the vext of it. At the quarter pole, which was passed In Ubirty- eight and a half ek she led one leagth and a half. Lydia Thompson then made @ very bad break and lost ten lengths before she recovered. Topsy assed the half-mile pole tea lengths ahead, in 1:20, .ydia Thompson then began closing at a rapid rate, and at the three-quarter pole was at Topsy’s wheel. She was head and head with ‘Topsy ag they swung into the homestretch, and coming awaf steadily won the heat by over two lengths, im 2:42%. Third Heat,—Lydia Thompson now had the inside, and getting an even alart with the other gained one length in making the first turn. This advantage she carried to the quarter pole, in thirty-seven and @ half seconds. Going areund the lower turn Topsy went very wide, while Lydia clung close to the pole, and at the hali-mile pole the latter was three gor in front, in 1:16. Going along the backstretch Dan Mace took advantage of the ins and onts of tbe zig- wag course and at the three-quarter pole was five lengths ahead. He brought Lyala steadily home and won the heat by seven lengths, in 2:37. Fourth Heat.—The start was very even, but Lydia Thompson drew away gradually and led two lengths to the quarter pole, 1m thirty-seven and # half sec. onds. She carried the advantage into the lower turn, when by @ break by Topsy she gained two lengths more and passed the half-mile pole four lengths in front, in 1:1634. From there to the end there was nO &t! le. dia Thompson trotted leadily and came in a winner by two lenguns, in 2:38, ‘Tbe following is 8 SUMMARY. PLEETWOOD PanK, Nov. 2.—Purse and stake $1,000, Toile heats, best three 10 five. D. Mace entered b. wm. Lydia Thompson, to wagon O. A. B. Da Hicl red 2, to wagon. nicl entered wo. m. ‘Topsy, mh barvess.., First heat Second heat, ‘Third heat. Fourth heat. “ On ‘Tuesday afternoon Mr. Bonner’s bay mare Po- cahontas trotted hail a mlie over the above track im 1:08. The first quarter being tarough # rather heavy treck, she made 1¢ In thirty-seven seconds, other quarter being dry she trotted that o1 but U ie B Te secouds and w quarter, How is that for ie 0 At Prospect Park Fair Grounds thie afiernoon American 1 and George Palmer trot & mateh for $1,000, mile heats, best three in five, in harvess. George Valier wil win if he can—mark that ! TRE GALLOW IN CALIFORNIA, End au Desperado—Execation ef Johu bh. Best tor the SAN PRANC Yesterday, the 2ist mst., John at Stockton for the crime of murder. was an Eoglishman and came to New York with . Best was nung his parents when quite young. There he grew up without any ¢ tion and associating with the worst class of rafilans whieh abounds im that city, When about twenty years ef age he removed, with his family, te Kentucky, where he commutted his iirst murder, and escaped justice by Neeing to Texas, where he continued to lead a lawless life. Ona night in ®& saloon playing cards a dispute arose between the pares playing, of whom Bes! was one. Knives and revolvers were drawn in a twink- ling. Best's brother-in-law threw nimseit between the Combatants and received his death wound irom @ bewie knife in the hands of Beat. Again the mur- derer became a refugee and fed to the new Territory of Montana, where he again commitied deeds of blood, escaping the penaity by emigrating. From Montana he cyme to California and for some tune engaged in ining tn some ef the northern counties, Afver remaining there for some time he removed to San Joaquin connty, where he committed bis foarth nd last murder, for which he yesierday susfered the penalty. On the 2ist of October, 1869, Best shot and killed Michaci Fiyan in @ saloon about three miles from Stockton en account of a dispute about a score which Flynn claimed Best owed him, After the murder Best mounted his horse and rode off. That miykt he stopped at a farm house about eight miles from the scene of the murder. On the followig morning, baving drank to excess, he fell, im attempting to mount his horse, and cut his face severely. The ant- mal running away Best was forced to proceed on 100t, and, being afraid of pursuit, took vw the woods, in the meantime the citizens of ‘Stockton, horrified at the bioody deed, pr rated in their very raidst, assembled en masse and determmed to pursue the murderer. A reward of $300 was offered by the proprietor ef the saieou in which the murder was committed. ‘The pursuit lasted several days, but the officers determined to persevere. Abont ten days afier the murder Beat was traced to a house in Pottersville, 3 village about fifty miles from Stockton. Two officers aginee admission to the house, and, pointing Heury rifles at Bost, the latter surrendered withous resistance. He was conveyed to stockton, tried and convicted. On the lth of Fevrnary Beat was sen- veneced, But his counsel obtained & stay of pro- ceedings pending an appeal to the Supreme Court. The latter, however, sustained tue verdict of the court below, At five minutes past twelve on Friday, the @st inst., Best was led forth for execution. Upon } being asked by the Sheriff ul he had anything to gay, he took aroll of manuscript from nis pocket an read his last declarauion, His saiement was rambling and incoherent, denying the murder, and asserted that the jury had beeo oribed to find him guilty. He denounced’ his counsel in severe terms, and attacked the parties who had been instramental im nts capture, Durtng his hurangne, a shed, on the roof of which # great crowd had collected, broke down and severely in- jured several persons, Afver the reading of the paper Best's neck was adjasted in the noose, the Signal was given and the rope was cut. Ais neck was breken by tho fall. The body was allowed to hang twenty minutes, when it was handed over for examination to the surgeovs. Best was about thirty-five years of age, about five feot five inches in height and weighed 160 pounds, His complexion was dark amd swarthy. He had lost his lett eye in some one of his bloody struggles and wore a glass one in its place. He had ne relatives on this coast nor ever a friend to claim his dead body. Sach was the career of one of the most hardened crimi- als this State was ever Cursed with, ALMOST A CENTENARIAN, Mys. Ann Vanderpeol died in Newark, N. J., on ‘Tuesday, at the advanced age of ninely-six years, ‘The deceased was born in Hanover, Morris county, N, J., on the 17th of April, 1775, She was the dangh- ter of Wiiltam Crocker, who died when she was twelve years of age, Lp 1791 sue came Ww Newark and was married to Mr. Vanderpeol in 1794, Her husband 4 in 1798, and she thea became:a widew the age of twenty-four yore. Four children were the fruit of his brief wedded life, two danghters and twosons. Im 1503 Mrs, Vau- derpool united with the First Presbyterian church of Newark, and in 1! when the Second church was organized, Mra. Vanderpool became one of its first members. Her only surviving child, Mrs. Caldwell, with whem she has resided, 1s seventy-six years of age and in the enjoyment of excellent health. The deceased ocenpied the house in she died for seventy-turce years, In 1865 . Vanderpool was in such good health that she was able to walk,to a photographer's and sit for a picture, but (or a little over a year past she was up- able to walk. She was, however, confined to ner bed for only Uavee Weebs previous (0 ber dently ‘The criminal | } of the wo v me THE NEW STEAMSHIP ISMATLIA. Another Addition to the Mediterranean fer. vice--Her Dimensions, Charac er of Uon- struction, Accommodations and List of Officors. t The new steamship Ismailia, toe Jatest addition t the Mediterranean service of the Anchor line, arrived at thts port on Saturday last, and is now discharging her cargo of fruits, in excellent condition, at the company's per, No. 20 North river. In this her iniial voyage the Ismailia was proved to be an excellent sea boat, and more than exe ceeded the expectations ef her owners apd builders in the inatter of stanchness and speed. ‘This vessel was launched In the early part of the Present year from the yards of Messrs. Robert Dun- can & Sons, Port Glasgow. She 1s 300 feet in length on deck, 3s feet 6 inches breadth of beat, 22 fe Anches depth of hoid, has two decks, and is of tons burden. Her hult 1s coustrugted of wrought’ iron plates one inch in thickness at the bottom and three<juarters ofan inch atthe sides, These are double riveted, and the plate stringers on each deck are of large dimensions, adding greatly to the strength of the Vessel. Her tanks have a capacity for 7,000 gallons of water, and the frosh water condenser wil average sixty-five galions an hour, The motive power of the Isinallia ¢gonsists of twa vertical direct-acting engines of the om. pound principle, at a worktug pressare of sixty pounds, constructed by the Fiuaiston Steamsuip Works Company, The cylinders are 38 and 68 inchea in diameter, with @ stroke of piston of 3 feet 6 inches, The petlers, two i namper, aro of the tubular description, with four furnaces tn each, and the propeller, which ts of castiron, is 17 feet In di- ameter and 23 feet in pitch, and averages about fitty revolutions per minute. In all other particulars— euch as steam hoisting apparatus, Goukey boiler, @nd nidependent steam, fire and bilge pumps—she is Well supplied. Her rig is that of a bark, The accommodations for passengers on board tha Ismaiiia are of the most comfortable and cosey na- ture. There is room, tm very roomy staterooms, for Nity first class passengers, in the intermediate for thirty, and in the steerage for about five hundred, The main saloon is uite ele» ganuy fitted op, and its appointments of & character that will strike the end easan| and favorably. The staterooms are fea m red with velvet sofas and all conventences which ex- perience has dictated. There ure two ‘general cabins,” or, rather, to be more explicit, | rooms, on the main deck of the vessel, near the staterooms—one for ladies and the other for genticonen—where the luxurious sofas offer inviting repose to the passenger weary for the ime being of the larger cabin or tae promenade on deck. ‘The Intermediate saloon is also one of convenience and comfort, while the quarters lor steerage passens gers are large and extremely well ventilated, The Mediterranean trade, of which line this ts the second vessel that has arrived in tais since Its resumption-—the Dacian baving been the ploneer— 1s destined to be one of importance. The Anchor Ime have @ dozen or more splendid vessels which they design to put upon the route as the business deman and even at thin lume there is a fortnightly departure from Genoa, Leghorn snd Naples, and weekly from Mea- sina and Palermo, Their steamers are also ap jointed to leave Trieste, and a& regular interval rom Marseilles, touching at Denia, M and other Spauish ports, when mducements ot ana the heuliit of the laiter ports is establis ‘The Ismailia will leave this port on Saturday om her return voyage for Liverpool direct. Her officers are able and experienced geutiemen, and it may be of interest to mention that one of the sons of the principal owuer ofthe itne is on; in the engine room, ‘doing bis duty like » man.” Tbe Jolowipg ts the list of i Captain—W mn. I. Pirst Oficer—Sohn Mon Second Opcer—Jonn Sm! Third W: —Win. Bond. Chey Seward—Daniel Macintyre. Chins Engineer—Robert Merry. assistant! Engimeers—JOnD MeGowan, Joho Hote derson and Wm. McQtu. TOLDEEY. THE BURGLAR TRiP GUN, of Recorder Hackett om the Rights of Citizens to Protect Themselves. In the Court of General Sessions yesterday the case of Joseph D. Agostino, who waa required to find bail to answer any indictment which might be foand against hin for causing the death of George Twee- die, came up. It will be remembered that the de. ceased was endeavoring to effect a burgiariona entrance into Mr. Agostino’s gun store, and witia | engaged in that unlawful act was shot in the head by a gun which was so adjusted as to go off whi un attempt was made to open the window. Mr. Agos- tine had been frequently visited by the “knights of the jimmy,” and concluded that hereafter those un+ profitable customers would meet @ warm recepuol whenever they called at midnight. RECORDER HACKREMS OPINION OF THI ACT. ‘The Recorder, wher the case was called on, said:— ‘This Court has imposed upon I a duty of supervising the correctness or incorreetness of imprisonmenta, My attention has been invited to the detention of tha accused under the bail bond filed in this court, ana aso to the papers of the Coroner's inquest, By tha finding ef the Coroner's jury the accused was cen- sured for having planted @ trap gun, by means of which a man by the name of George Tweedie re- ceived his death wouna while evidently engaged dnring the nigh ume in endeavoring to esfect # bargiorious entry into the shop of the accused. J am unable, aiter a carefal investigation of the various laws of our State defining offences, vo find any statute Which makes the killing of Tweedie under the civcuinstances testified to an offence, The ver- dict of the jury establishes the fact that Tweedle, while forcibly and felontousiy opening the window hop of the accused, came to his death: from ® gun shot wound In the lead, dischargea Opin from 4% irap gun within the prem! ‘That the ace would have been justified in killing Tweetia under the circumstances of attempting burglery, had the former surprised hivo tn such attempt, no one can dowbdt, and at the best the dece: died from the misdirection of his own felonious act. 1% has been satd that the trap gun was dangerous im case of fire, and that a freman or policeman in the discharge of duty might have been killed. The ans swer te this is that no such event has occurred, and had such been the case, the act of the fireman or policeman would have beep logitimate and tn the honest discharge of a duty, while the act of the deceased man was felonious, Fad the accused by his active agency Kied an innocent man engaged in a landable act for publio good the result might bave been manslaughter in the fourth degree; bul each case must be governed and determined by cir- cumsiances. order the clerk to discharge the re. cognizance taken from the accused by the order of the Coroner, and file the papers away. The verdict of the Coroner's jury should have been death by inadvertence, while éngaged in the commission of & felony. It is to be hoped that this w0! be sufficient warn ing to would-be burglars In the futare, JHE UNION LEAGUE CLUB TRAGEDY. Suicide at the Club House—The Beokkeepen Shoots Himself. Soon aiter ten o'clock on Tuesday tmerning Mr. Joseph W. Emerson, empioyed as bookkeeper at the Union League Club House, corner of Twenty-sixth atreet und Madison avenue, committed suicide by shooting hlimseif through the head, while ¢& his room on one of the upper foore of the premises, and, strange to say, the fact was not discovered tll tweive hount later, notwithstanding Mary A. Turner, the cham beriuaid, heard the report of a pistol. Mr. Edward’ Gleason, superintendént of the club heuse, who occupied 4 room with deceased, en feng up stairs, at quarter past ten o'clock P. M., feun: the roont door locked, and on opening it with his key dis. covered the dead body ef Mr. Emersen )y! on the floor, with a six-barrelied revolver ly! between his legs. Mr. Gleason said deceased to be subject to fits of despondency, but witness knew of no cause why ho should taxe his own Corouer Schirmer, on notified, yes! morning held an tuquest, during which several wi nesses were exaiined, bat no evidence ceuld ae to show wat prompted the act of destraction. Wes Deputy Coroner Cushman examined tho head deceased and found a pistol pert wound of w right temporal region two inches above the ear, bullet entering the brain apd 2 Sap es ve Mr. Emerson, who dict corresponding with the rendered vy the jury.- thirty-seven years chs Tag bem in Maine, wi very respectably con Sees a so eaton Neo Ladies lo the Case—Card from the Prine To THE EDMOR Of THR BRBALD;~+ In justifcation two parties who were not concerned in our aifair wo wish to make a staté~ ment through your coltmns In contradiction to the report inserted therein on Monday, 31st Octebers ‘The report states that our quarrel arose through a communication made by one iadg to anether, une pleasant to one of us, Allow u&to say that the res port is utterly unfoanded and falsey as our quarref was strictly personal, apd bad notuing whatever ta dy With ladies. J. A, CHANDOR, Y. MALLY)