The New York Herald Newspaper, October 29, 1871, Page 7

Premier Gladstone Beviews the National Situ- ation Before His Constituents, Defence of the Administration Policy—Measures of Great Moment Maturing in the Cabinet— Queen Victoria Eulogized—Ireland Con- cilisted—The House of Lords “May Need Reform’’—Vote by Ballot and Cheap Government. TELEGRAMS TO THE NEW YORK HERALD. Lonpon, Oct, 28, 1871. Animmense assemblage of the inhabitants of ‘Greenwich took place on Blackheath Common to- “aay to hear an address from the Premier, Mr. Glad- stone, Itis estimated that nearly 12,000 persons ‘were present. Mr. Gladstone arrived at the speaker's stand on ‘the platform at noon, accompanied by his wife. ‘He was greeted with vociferous and prolonged cheering. THE SPEECH. The right honorable gentleman proceeded to ad- ress the people. He said ‘he was profoundly im- Pressed by the grandeur of this welcome, and was Borry that his duties at the head of Her Majesty's government prevented him from visiting his im- Mediate constituency more frequently." He then proceeded to discuss the subjects which -Bgitate the public mind. The chief complaint against the government was, he said, that it attempted to do too much. But the ne- cessity existed {for stating views and pro- ducing measures on more subjects than it ‘was possible to carry into immediate effect. The present ‘liberal administration’’ had had the long- ‘est life of any similar government since the year 1832, and there was reason to believe that its vitality ‘was unimpatred. ’ Mr. Gladstone then delivered a glowing eulogy of the Queen, and spoke in warm terms of praise of his colleagues in the government. Their labors, he aid, had been arduous, and the result showed they had not been in vain. / Ireland seemed well satisfied with past measures ‘of conciliation, and there was every reason to hope for a future of content in that islana. The facts connected with the recent dismissals from the naval dock yards had been grossly exag- gerated. The total nomber of men discharged was ‘only 1,463; and this reduction of the force was made Jn accordance with a policy which was originated by his preaecessor. The nation could not but be ‘gratified by the economy affected by the present gov- ernment through the abolition of official patronage, ‘the concentration of the militdty and naval forces, the withdrawal of troops from Canada and New Zealand, and the introduction of the system of army reserves, There was reason for much congratulation ver the abolition of the purchase system in the army. ' The House of Lords might need reform, but Nothing should be done precipitately in the matter. The Lords had not acted wisely in rejecting the Ballot bill; which would again be introduced in Par- lament at the next session. ‘The Contagious Disease act would be dealt with at the next session in a manner to command the sympathies of the nation. Other measures would be brought forward which, he hoped, ‘would meet with the approval of Parlia- ment and the country.” WELCOME, \ atthe conclusion of his address a resolution wel- ‘coming and thanking Mr. Gladstone was put and carried with enthuslastic demonstrations of ap- roval, there being only about two hundred dissent- ig voices, Rumors About the Queen, the Royal Family and the Government. LonpoN, Oct. 28, 1871,” - Rumors relative to the state of health of the ‘Queen, the future prospects of some of the mem- bers of tne royal family and the administration of @ governmentare still floated around in the city. One statement goes to say that at a recent Cab- net council heid to consider questions relating to athe royal family the Queen was asked to give her jonsent io the marriage of the Duke of Edinburg arith @ Russian princess, also to consent to the estab- jhment of a Regency with the Prince of Wales as (Regent, aad that she refused assent to either prop- Psition. + We are told next that Her Majesty subsequently gefused to amix the Royal signature to public docu- ments which were presented, that the Oabinet af- ferwards continued the discussion of the question ‘pf a Regency, and that a definite proposition was Introduced to appoint a chancellor to sign docu- Fnents in place of the Queen. The Chicago Relief Fund. Lonpon, Oct. 28, 1871. ‘Tne Mansion House fund for the Chicago sufferers damounts this morning to £42,250, or about two hun- red and cieven thousand two hundred and fifty @ollara. SPAIN. Cost of the War in Cuba as Stated by the Crown. Gixty-two Million Dollars in a Year—The Colo. nial “Gem” Don’t Pay—Army Conspiracy. TELECRAM TO THE NEW YORK HERALD. MADRID, Oct. 28, 1871. , A message from the Crown and Ministry was read ‘to the Cortes in session yesterday. The document stated that the cost of the war In Cuba during the past year had been 814,500,000 of fas (about $62,000,000), and that the colontai ‘deficit for the year would amount to 57,600,000 of (about $11,000,000), The government asks for a credit of 100,000,000 of SPesetas (about $20,000,000) tor military purposes, PARLIAMENTARY CONTROL, The government message announced also that in ture the colonial budget will be submitted to the baile of the legislative body. DISLOYALTY IN THE ARMY, A conspiracy has been discovered among the froops stationed at Barcelona, and twenty of the men concerned in it have been arrestea. GERMANY. \The Labor Movement Serious in Saxony. TELEGRAM TO THE NEW YORK HERALD. FRANKFORT, Oct. 28, 1871. ‘The operatives of Chemnitz, a large manufacturing town of Saxony, have struck work. ‘They demand a reduction of the time of labor to ‘ten hours per day, and increased pay for work done overtime. The opérations of twenty factories have been sus- ended in consequence of the movement, BELGIUM. City Trade Strikes Maintained. TELEGRAM TO THE NEW YORK HERALD. BRUSSELS, Oct, 28, 1871. ‘The Ziderté (newspaper) says the labor and ‘@ade strike in Ghent is spreading among all classes ‘Of the workmen. TRELAND. The Contributions for Chicago. TELEGRAM TO THE NEW YORK HERALD. Dvsiry, Oct. 28, 1871. The Belfast subscription for the relief of Chicago 4s reported at £4,000. Very liberal contributions have been received from other towns in Ulster for the same purpose. ROM E. The Question of Pontifical Succession To Be Debated in France. A Papal Allocution—Relations of the Church to Italy—Dollinger Denounced. TELEGRAM TO THE NEW YORK HERALD. Roms, Oct. 28, 1871, A conclave of Cardinals, to consider the action which the Sacred College shoul take in the event Of the Pope's death, is shortly to be held at some point in France, A PAPAL ALLOCUTION—ITALY—RELIGIOUS AND PO- LITICAL, An allocution of the Pope ts published, in which, while he ‘‘recognizes the Bishops appointed by the italian government as possessing the requisite qualifications of their offices,” he solemnly repu- lates Italy’s ‘guarantees” and protests against the invasion of the Holy See, 2 DOLLINGER DENOUNCED, The Pope’s allocution condemns thé course of Dr. Dullinger, and such “as are following his ex ample in warring against the decisions of tne Ecu- menical Council.’ FRANCE. The Mission in Florcnce Vacant. TELEGRAM TO THE NEW YORK HERALD. VERSAILLES, Oct. 28, 1871. Viscount Prastin Chotseul has resigned the posi- tion of French Envoy at Florence. WASHINGTON. WASHINGTON, Oct. 28, 1871. More Fraudulent War Claims. It 1s believed that nearly all the Tennessee claims which have been audited and pald during the last two years are frandulent, and there 1s to bean im- mediate and general overhauling of all these trans- actions. Victor G. Powell, the clerk in the Second Auditor's office, who is charged with complicity with Stokes ip the” Beaty Company case, Made overtures to claim agents here to collect the claims before the job was undertaken by the Tennessee Congressman, and he supplied all the information required in framing the bill while Stokes engineered it through Congress, The Wash- ington claim agents would have nothing to do with the case, because Of its clearly, fraudulent character, and yet it passed the scrutiny of the Military Com- mittees of both houses and tbe bill was reported by them with a recommendation for its passage. Pay of Retired Pay Directors, Comptroller Brodhead has decided that the pay of a retired Pay Director is nov affected by the as- similation of his pay when on duty at sea to that of a Fleet Paymaster, as provided by the sixth section of the act of March 3, 1871, The act of July 15, 1870, gives to an officer on the retired list one ha'f the pay the law allows to ofiicers on the active list, whose grade corresponds to the grade held by such officer at the time of retirement, Even if a Ficet Paymaster held a distinct grade superior to that of a Paymaster of twenty years’ standing it would not follow that a retired Pay Director would benefit thereby: for it is the corresponding grade, Not the assimilated pay, that government on retire- Ment and the law gives the Director. But a Fleet Paymaster is a Paymaster still, chargea tempora- rily with certain supervisory powers, and, though he receives an increase of pay svringing from an assigned duty, he returns to his former status and pay on the cessation of thatduty. A special ser- vice of this kind does not constitute a grade, nor can the provision giving assimilated pay be legally extended to authorize an allowance depending on grade, Northern Pacific Exploring Expedition. The following despatch has been received at the War Department to-day:— CHICAGO, Oct. 27, 1871. To THE ADJUTANT GENERAL:— The Northern Pacific Exploring Expedition has been heard from on its return, one day ogt from Cape Kace. No trouble with the Indians ‘tnd a good route found intersecung the Yellowstone near the mouth of Powder River. P. H. SHERIDAN, Lieutenant General. NATIONAL THANKSGIVING. Proclamation by President Grant Recout- mending the 30th ef November = Day of Thankssiving and Prayer. WASHINGTON, D. C., Oct. 28, 1871. President Grant issued the following proclama- tion toeday:. BY THE PRESIDENT OF THE UNITED STATES—A PROCLAMATION. The process of the seasons has again enabled the husbandman to garner the fruits of successful toll. Industry has been generally well rewarded. We are peace at with all nations, and tranquillity, with few exceptions, prevails at home. Within the past year we have in the main been free from the ills Which elsewhere have afflicted our kind. If some of us have had calamities there should be ap occa- sion fer sympathy with the sufferers; of resignation on their part 40 the will of the Most High, and of Tejoicing to the many who have bee more favored. I therefore recommend that on Thursday, the 30th day of November next, the people meet in their Tespective places of worship and there make the usual acknowledgments to Almighty God for the blessings he has conferred upon them for their mer- ciful exemption from evil, and invoke his protec- tion and kindness for their less fortanate brethren whom in His wisdom He has deemed it beat to chastise. In faith whereof I hereunto set my hand be Moser the seal of the United. States to be amxed. Done at the city of Washington, this 28th day of October, in the year of our Lora 1871, and of the independence ef the United States the ninety-sixth, U. 8. GRANT. By the President: HaMILToN Fisu, Secretary of taie. AFFAIRS IN CHICAGO. Providing for the Payment of Interest on the Chy Debt—Great Demand for Mechanics and Laborerx—New Insurance Schedule. CHICAGO, Oct. 28, 1871. In the Board of Supervisors yesterday a resolu- tion was ofered, and referred to the Finance Com- mittee, requesting the Governor of the State to re- commend to the Legislature the granting of author- ity to Cook county to issue $1,000,000 of bonds, to draw not over seven per cent interest and running for twenty years, to apply toward meeting the bonds and orders now outstanding and approach- ing maturity, the interest on the same to be applied to rebuilding pudlic buildings and to meet the defl- Cleuctes of réccipts for the next two years. The action on the Plication to the State Aaditor to dissolve the public Insurance Com- pany and appoint @ receiver has been postponed by the Cheutt Court, tt having been stated that the company has taken action looking to the coilec- ton of unpaid stock and notes. The Tribune this morning editorially announces that five to six hundred additional brick and stone masons can flud employment in Chicago through ‘the winter at from four to five dollars a day and that 2,000 carpenters can find ent through the winter at hign wages. oot March there will le py A ald for twice this att itabere au Bake a, Pk i. ye ti kinds of. metal workers willbe “wanted. Thousands of laborers who in New York and other cities can and swore ab good wages, with comfortable homes for themselves and their families on farms within a hundred miles Out aceortance with. th y In accordan le proclamati Mason to-morrow will ber oneerved ae a aay OF humiliation, fasting and prayer, The Chicago underwriters heid a meeting last evening, when they Unanimously agreed upon the pada | schedule rates of insurance:—on ele- vators, five per cent; on bulldings, four per cent and two and a half per cent on the contents; on brick packing houses, tWo and a half per cent and the same rate on tue contents; the rate on frame pi ine houses 1s not stated; on lumberyards, two anda half per cent; on brick dwellings three and one- quarter per cent, and the same rate on the con- tents, and on frame commerctal risks, when built according to specifications, three and one-half per cent, and the same rate on the contents, A.C. & O. K, Badger, bankers, claim they have not suspended, bub are transacting business the same as before the NAVAL INTELLIGENCE. Departure of the Franklin from Halifax. Hattrax, N. 8, Oct. 28, 187 ‘The United States ‘ship-of-war Prankin ‘satled bout ope o'clock this afternoon for Boston. The state of the weather prevented her from leaving early in the morning. NEW YORK HERALD, SUNDAY, OCTOBER 29, 1871.—TRIPLE { TRIBULATIONS OF THE SAINTS Herald Special Report from ; Salt Lake City. TERRORISM AMONG THE MORMONS. BRIGHAM YOUNG A FUGITIVE. A Compromise Proposed—"efor- mation Promised. Arrest of Heads of the Church on Charge of Murder. The Prisoners Confined in Camp Douglas. Hawkins Sentenced to the Peni- tentiary for Three Years. Sarr Laxe Crry, Oct. 27, 1871, It is stited in official circles that Brigham Young left on Tuesday evening last for the South. Yesterday he was said to havo been 120 miles south of this city, with his course still onward. It is not known to what point he is bound. Many think that he intends to leave the country, but I think HE WILL FIND REFUGE in St. George, a village 300 miles from here and about fifteen days from the Court. It is certainly doubtful whether he will appear for trial on the indictment on which he was ar- rested, and it is doubtful, too, whether the Head of the Church will be seen again here until the trouble is over. Delegate Hooper has gone to Washington to see President Grant and to endeavor to effect some BASIS FOR COMPROMISE, by which the United States authorities here, judicial and executive, shall be restrained or removed. The Church is in the greatest fer- ment; Hooper in Washington, Cannon in San Francisco, Brigham Young in the Sonth—all slipping off secretly and without the knowl- edge of the people. Hooper hopes to accom- plish everything with the President. THE TRIALS ARE TO BE DISCONTINUED if he succeeds, and some sort of promise of reformation for the future is to be made. The officials here are on the alert. There is something mysterious in the wind, and an ominous silence reigns in the Mormon quar- ters. cally head of the community to-day. The coming days will be futl of interest to the country. Mayor Wells is at his post, and practi- Mere Arrests—Mayor Wells and Ex-Attorney General Stout in the Toils—Orson Hyde, a Fugitive from J Sarr Lake Crry, Oct. 28, 1871. Daniel H. Wells, Mayor of the City, Hoza Stout, formerly General of the Territory, and William Belden, of Kimbals’ Hotel, Parley Canyon, were arrested to-day by United States Marshal Patrick upon the indictment of the Grand Jury, charging them with murder, Tom Fitch made application to admit them to bail, which application will be heard on Monday morning. The prisoners were placed in a carriage and taken to Camp Douglass. Some slight excitement prevailed at the Marshal’s office, while the accused were there waiting for a conveyance to the camp, some policemen saying they should not go to prison if they did not wish to, and one or two women calling out to the officers to “‘take them if they dared,” and “they would fight them with a vengeance,” &c. The officers, however, were firm, and nothing serious happened. The alleged crime consists in the killing of Richard Yates and a man named Buck several years ago. A warrant was out for the arrest of Orson Hyde, one of the twelve apostles, upon the same charge, but he eluded the deputies who were sent to arrest him. He was pursued to the southern part of the Territory, A man named Bennett was found murdered on the stage road, about eight miles from the city, this morning, with four bullets in bis body. Warrants Issued for the Arrest of Brigham Young and His Son Joseph on Charge of Murder—A Danite Turns State’s Evidence. Sat Lake Ciry, Oct. 28, 1871. Warrants are out for the arrest of Brigham Young and his son, Joseph A. Young, ona charge of murder in having ordered the killing of Richard Yates. The indictments on all these murder cases are understood to be founded upon the testimony of Bill Hickman, who was once what is termed by the Gentiles a ‘‘Danite,” or secret agent of the Mormon authorities. Yates visited the Mormon camp during the rebellion of 1857, ostensibly to sell powder. The Mor- mons regarded him as a spy and, some weeks afterwards, arrested him and placed him in the custody of Hickman, to be taken to Salt Lake City. D. Wells then com- manded the Mormon troops, and Hosea Stout was Judge Advocate. On the way to Salt Lake City he killed Yates, as Hickman says, by orders from Brigham Young and Joseph A. Young, and at the instigation of D. Well and Stout, Hickman also is now confined at Camp Douglas. He went with the officers to Echo Canyon, and after pointing out where he had buried Yates assisted them in disinterring the remains, THE HAWKINS CASE OF ADULTERY. Important Charge to the Jury. Chief Justice McKean Makes Clear the Points of Law for the Benefit of the Brethren. Hawkins Convicted and Sentenced to Three Years’ Imprisonment in the Peniten- tiary and to Pay a Fine of $500. This famous case has excited a great deal of at- tention both in this and other countries, being re- Garded as *‘a test case” that will be accepted as a precedent to all future prosecutions in Utah, In its practical workings this untooked for application of a Utah statute wil! tend to seriously aillict the Saints unless they resolve to abandon their bar- barous marriages and wheel into the line of Christian monogamy. The counsel for the defence took exceptions to the rulings of the Chief Justice during the progress of the trial and the instructions to the jury. They also ex- cept, apparently with the intention of appealing the case to the Supreme Court. As the crime charged is against a statute of the Territory only, the appeal can be carried no further than the Su- preme Vourt of the Territory, which in no manner Will aid the polygamist Hawkins, for the Associate Justices of Utah are as resolved to carry out the Statute as the Chief Justice himself. From the incidental allusion, though in argument only, to the pardoning power ot the Chief Execu- tive, we should not be surprised to hear of the lightest possible punishment to Hawkins consistent with @ due acknowledgment of the right and authority of law, should he so make It, The long neglect of Congress to enforce its own statute agamet polygamy has doubt- less encouraged many of the Mormons to boldly practice the plural system of marital relations and that will nave Its due weight in the nation if Brigham will only avow his readi- ness to obey the laws of the nation now, but so tong as he encourages by example his speakers and writers to dely tue national Legtslatare, it would be imprudent policy to suggest a miugation of the penaity of the law. CHIEF JUSTICE M’KRAN’S CHARGE TO THE JURY. MCKEAN, Chief Justice—Gentiemen of the Ut & After you shail have deliberated there will be one of two things tor You to say—either guilty or not gulity. Li you say not guilty, that is the end of the case. If you say guilty, then all the other consequences rest with somebody else and not with you. 11 you say gulity, it will be for the Court to say whether Getendant shall be imprisoned and fined or imprisoned only, or fined only. Or it will be for the Court to siy whether he shall be imprisoned tweuty years or three years, or any number of years between the two. It will be for the Court to say whether he shall be fined $300, or %1,4, or any number of dollars between the two, And if you say y and the Court pronounces sentence, then Whetuer the prisoner shail Le pardoned or not, 18 neituer for you nor me to say; that belongs to the executive department dt the government, Each department has its duties, It is for you to welgh and pass upon the eydence; it 18 tor me to pass upon the law. I have no more business to invade your province than you have to invade mine. Ishall expreis no opinion upon the facts; no juror has ever heard me do it. As to whether you ouglt to elieve one witness and disbelieve another, or whether the given by a certain witness proves any particular fact ‘not for me to itis or you to say; aud then ih you linu to be proved to the LAW'S INTERPRETATION NOT DEPENDENT ON THE CHARACTER OF THE LAWMAKERS, And asto the law, how shall it be construed, how inter- preted, now applied’? There is an instrument’ kuown in d Magna Charta. Centuries ago it giish barons by King John, It is the foundasion of English iiberty aud of American liberty pose we were to look into that document and find that it guarantees the right of trial by jury. Then suppose some maa in England, who bad demanved trial by jury when accused, had been met by the objection ot a lawyer that he had no “But Magna Charta secures me that nuht.” “No matter,” says the lawyer, “the King who gave that charter ‘was the most odious tyrant that ever deserved or received the hatred of Engiishmen ; tuerefore it must aot be construed to secure to you the right of trial by jury. That King was despot and arrogated tg himself aut power.” W hat think you right to it. the Court would do? The Court would simply look at the letter of the law, and if it were piain, unambiguous, distinct, the Coart woud say, “We care uot 'wiat was the character of the King who signed the charter; there i the plain letter of the law; the prisoner shail have the benetit of it,” Suppose, in the reign of King Henry the ighth, the Eng- lish Parltament hat passed an act prohibiting adultery aad pronouncing penalties upon it, Suppose some man were {n- dicted uNier it, The objection Js taken that the construction Iven by bie prosecution 1s not the just construction. Why ? Becanss King Henry athe “Aishth was one of the ‘most heentious adulterers that ever sat upon the English throne, and when he signed and approved that act of Parliament he could not have meant any such thing. What would the Courts do? They would read the act; if it were plain, clear, @stinct in its terms, so that there opportunity of misuSJerstanding it, the Court would say, “We care notuing about the character ‘of the King wuo signed the act; there is the law; {t must be enforced.” Suppose the Legislature of some State were to a strin- gent act agalast gambling, ana when some man is indicted Under that act his counsel Interposes the objection that the prosecution are not giving the just construction to the act, because five-sevenths of the members of the Legisla- ture were gamblers, What says the Ci Read the law ; ia ft clear, distinct, piain?” “Yea.” “Very well, then, we care nothing about the character of the men that passed it. Here ‘s the jaw, the plain letter of the law; it must be en- forged.” ene) construction of law. Jemen, are the rules of application and If the law is so worded—and sometimes men into Législatures who are unskillfal in if it is #0 worded that it is uncertain what it means; if tt is very am- biguous, very indennite, and one man understands it one way and another another, then you may go outside of the act, you may take contemporary history, and from all the helps vou can get you may try to make out what the Iw means; and the courts will do so under such circumstances. But when the law is plain, distinct, clear, #o that {t cannot be misunderstood. the courts do not yo outside of the iaw for its interpretation. THE MORMONS CAUGHT IN THE LAW MADE FOR THE GENTILES. ntlemen, the Legislative Assembly of the Terri- has, by enactment, required this very same rule which 1 ying down, and which bas been recog- nized by courts for centuries. In an act entitled “An act in relation to Crimes and Punishments,” the very act under which the prisouer is indicted, in section 1:8 is this pro- vision :—“All words and phrases sball be construed accord- ing to context and the approved usage of the language.” And then in section thirty-one of that same act is, this provision :—“Every person who commits the crime of adultery shall be punished by mprisonment not exceeding twerty years and not less than three ears, OF fine ‘not exceeding $1,000, or not Jean "than $800, or by both fine and ‘imprisonment at the discretion’ of the Court.” Is there any ambiguity about it? re any uncertainty? In there « single word ‘used in it that 1# not used in common parlance Su every day talk? Gentlemen, that statute means fo pian English werds, and mi in meaning. eisno proof here, gentlemen, when any so-called re- velation in favor of polygamy was ever given to anybody, There is not only no pro! when ft was, but there is no proof that it ever was given to anybody. There is no proot here whether or not there was a single member of the Utah Le- gislature that was at that time in polygamy ; no proof one or the other upon that subject. And if there that fact would make no difference this are the of the act And would as understand'that 11, as counsel said— or assumed, as there is no proof—that if five-sevenths of the act, for here or at ‘Suppose aman. com upon Gnue because he thinks that the laws wrong, or the tarlfl Ie little too high, He may honestly think ao” ‘But suppose he were incited, {2F doing #0, would any court charye ® er they were harged not, aay. that because be believed the tari was a ite too ti highs tha therfore he was junided in violin fut when IMO per sey h fre the considerations weighiig both upon courts uad'apow juries. ‘When the time shall come that a man can intentionally Ford Ag Boad a tere wnich the om is w crime, and en, On ment, can be acqi vm jury because feliceed that he had aright. to Yio iy—chen he eee that that is done, then we have reached the ena ment, then we have reached the end of evvillza'| go back to the barbarism of savage life trom w ort cescors, centuries ago, emerged. very man ‘Is bound to know the law and every man {is bound to obey the law, whether he likes it or not. HAWKINS AND HIS WOMEN, ‘The prisoner at the bar and the principal witness of tho prosecution came from Engiand—that lant second to none Other in civilization aud eulightenment—that land where man is alowed to have oniy one wife, and where a woman 18 allowed to have only one huaband, and where ne or she who disobeys this faw meets with summary justice. They came from that land to thisthis land the dauguter of Engiand, the inberitor of Jsnglish law and Uberty, and civilization and enlightment; the land which, like Ey uires one man to be true to his one wife, and thi to be true to her one husband ao long ax they both and requires that In the States and Terntories and wherever our flay ‘ioats, If men come here we welcome them. It is optional with them to come or to atay away, or to leave after they have come; but waen they come we expect them to obey our awa; lawa which in these particulars are in consonance with the laws of all civilized Christian countries, Now, genticmen, if from the evidence you believe that be- tween "wenty-one and twenty-two years ago, be the samo more or leas, the prisoner at the bar did take the witness, Hlarrict Hawkins, ag bis Iaw/ully wedded wite, and she did take him as ber lawtully wedded husband, and that the cere- mony did take place which she has testile | to; that the pris- oner at the bar afverwards and gave her the certiicate which shas produced here; that they __ thereafter togetier as husband and wile and came to this country, anid that wiule here the prisoner at the bar intentionally and willingly did bave carnal, al intercourse with Llizabeth Mears or Sarah Davis, a8 charged in the pndictinent—1 the evi. dence you believe that, then I ch e you that he is guiity of adultery under the law. Whe you betleve those things: are proved ia or yourselves to say. = You have heard the evidence; you have heard it all, You know whether witnesses have been impeached or not, You know whetuer they have impeached themselves by their con- tradictory conduct or testimony or not. 1 ou know all about that. You know—and it ts not dl! t tor dence in the case. Take it, ge deliveration which the gravity ‘0 afier you have done #0, come ito Court verdict. WHAT THE JUDGE WOULD CHARGE. But, gentleren, before you retire, | must say to you that the defendant's counsel liave requested me to charge that, “In order to find a verdict of guilly, the jury must believe from the evidence, beyond ® reasonable doubt—first, that Harriet Hawsins was, at the ume set forth in the indict ment, the lawiul wile of the deiendant,” Yes, gentlemen, 80 say. ‘Svnd—That the person with whom the defendant ta charged in the indictment as couabiting was not at the time of the cohabiting the lawful wife of the defendant.” Yes, gentiemen, I #0 say. and I say to you that the defendant can jave but one lawiul wite at the same time. 1 say to you that if you believe from the evidence that he married the prinet- pal witness, Harriet Hawkins, a has stated, any sause- quent marriage with any other wi was null and voi Thd—Vhat the defendant did at the time or times charged in the indictment have actual carnal intercourse with Kllza- beth Mears or Sarah Davis.” Yes, gentiemen, I so charge ou. 7etAnd unlesss the jury are, by @ reasonable doubt ot the truth of eac itivns, they must und the d not guilty.”” ea, gt en, [ so aay, 1 am further asked by the’ detendant’s counsel to say to you, “That if the jnry beiteve from the evidence that the derendant ‘Thonias Hawking, did bed, cohabit and commit adultery with Elizabeth Mears and Sarah Davia, or either of them, 1s charged in the inaictment; and further believe trom the evidence that aueh offence or oi/ences were all committed prior to the Ist day of August, 1469, they must find the de- fendant not guilty.” No, gentiemen; I refuse so to charge. ‘That is not the law. ‘The defendant's couneel farther ask me to charge that it was the duty of the prosecution to show an actual, legal marriage of the defendant with Harriet Hawk according to the law of the place where such marriage may hav n shown to have been solemnized, and ti the jury believe from the evidence that the i} ‘osecution has fatied to make such proof the jury in this case must find the defeadant not guuity. istied beyond the forexo- Thave substantially charged you that doctrine in other words, gentlem Tepeat it; you must believe trom the evidence that a8 the witness related ; that they hi ited together us huvand aud wile as she related; you must believe from the evidence that there was a li ul Marriage. Further, Lam asxed to say by the detendant’s counsel, “In order to find a verdict of guilty the jury must beueve trom the evidence that the act of adultery committed by fendant has been established by the evidence beyond a rea sonable dou ves, geutlemen, I #o charge you. rther, “That, volves the Jury are sativiied th mmission ot the act ot adultery by the ¢ has been esta lished by the evidence beyond a rc doubt, they must fad the defendant not guilty." tlemen, I 40 charge you, WHAT UE WOULD NOT CHARGE, And further, I am asked by defendant's counsel to say, “That uniess ‘the jury are satis proof of tne com? jon of an act ot adultery ‘i day of August, 1869, has” b tablished by the pro: cation beyond a reasonabie doubt, they must tind the fendant aot guilty.” No, gentlemen, Lrefuse so to chai you; that 14 not law, Mt. Frrou—!as Your Honor finished reading the instruc- de- ‘The € , Sir. Mr, Firvon—To the tustractions as given by the Court upon its own motion and the refusal of the Court to give the ‘asked by counsel for the defendant, to th art in reading to the jury the instructions w! retused, and to the verbal addenda of the Court or exceptions to the instructions given ou behalf of the defendant 1 desire jon. THE VERDICT OF THE JURY. | The Conrt convenéd alten k A.M. on Saturday, Oc- tober 21, the Chief Justice presting. The jurors were calied and found to be all present. ‘The OLERK—Gentiemen of the jury, have you agreed upon your veriilet ? it The FORRMAN—We have. ‘The CLERK —How do you find ? Ihe seale! verdict was then handed up by the foreman, and the ¢ erk, opening, read as follow: in the-case'o: the People of the United States in the Trrrt- tory of Utah va. Thomas Hawkins, We, the jurors, render as our Uoanimous verdict, that the defendant, Tuomas Law- \duitery as charged in the indictment. CROUCH, HENKY UO, Patt, LITER, JACOB OBNSTEIN, ISAAU F. EV ANS, HENRY @. GEoRud H. ‘ SIEGEL, JAMES k. MATTHEWS, Foreman, Sat LAKE Crry, October 1871. ‘The prisoner was then remanded to the custoly of the Marsnal and Tuesiay, the 24th inst., was tixed as the day of pronouncing sentence, Hawkins Sentenc to Three Yenrs’ Im- Prisonment in the Penitentiary—Notice of Appeal. ro SALT LAKE CirTy, Oct, 28, 1871. Chief Justice McKean this morning passed sen- tence upon Thomas Hawkins, the polygamist, as follows:— Thomas Hawkins, I am sorry for you, very sorry; you may not think so now, but I shall try to make ‘ou tink so by the mercy which I shall show you. You came from England to this country with the wife of your youth for many years. You were a kind husband and @ kind father, At length, how- ever, the evil spirit of polygamy tempted and pos- se: you; then happiness departed from your household, and now, by the complaint of your faith. ful wile and the verdicc of a law-abiding jury, you stand at this bar as a con. victed — criminal. The law gives me a large discreuionary power in passing sentence upon you. Imight both fine and imprison, or L might fine or imprison you. 1 might imprison you twenty years and fine you $1,000. I cannot imprison you for less than three years, nor fine you less than $30. It is right that you should be fined, among other reasons, to help todefray the expenses of enforcing the jaws; but my experience in Utah has been such that were 1 to fine you only, am satisfied the fine would be paid out of other funds than yours, and thus you would go free—absoiuiely [ree— trom all punishment; and then those men who mis- lead the peopie would make thousands of others ve- lieve that God seat the money to pay the fine—that God haa prevented the Court from sending you to prison—that, by a miracie, you iad been rescued from the authorities of the United States, I must look to it that my judgment give no ald and comfort to such men. IT must look to It that my judgment be not so severe as to seem vin- dictive and not so light as to seem to trife with jusuice, This community ought to begin to learn that God does not imterpose to rescue criminais from the consequences of their crimes, but that, on the coutrary, He so orders the af- ture were polygamists, would learned counsel have stand that they meant that law for all other peopie except themselves and their particular friends? Certainly learned counsel would not be willing to follow the premises to such a conclusion. No, that statute admits of no supposition or conjecture, I say to you, gentiemen. have no Fight, and certainly you have no right, w go outa! of those plaid ‘Bnglian for the interpretation of that piatmve, THE STATUTE ileal Pek " Some years Congress pi an act specitying certain crimes, ite then provied that t! should be barred, or out- fawede-to use words of common import—within three years after they were committed, and certain other crimes that Should be barred or outlawed within two years ‘ter they Were committed; but Congress did not name adultery among those crimes; Con, never legisiated upon the subject ' of adultery. Congress not having legislated upon the subject. therefore left it open toany Territorial Legisiature to mente upon the subject as it shonid see fit, lature enacted t any act of Con; been competent for this Legislature, had it seen Ht, to have provided that (his crime should be barred or outiawed in ten Years, or five years or one year. It was competent for this Legisiacure to leave it without any statute of limitations; it chose to do the latter; there is no statute of limitations ap- piyn this provision, rf Mf & married man has carnal, sexual tnter- course with any other woman than his lawful wile he has committed adultery, But what proof is necessary to satis’y jury that adultery has been committed? Gentlemen, moat men Who are hanged for murder are han stantial evidence. caught tn the ve ly a more strip; elrcum- Cy edt is rather seldom that a murderer is Shall we start a new rule, and ap- rule of evidence to a crime of Mlemen, 1 sball do nothing of the k ees are proved whicl the minds ot the jury necessarily to the conclusion that the privoner at the bar has committed adultery, that is sufficient. No positive proof of the wet need be injroduced, and, jtiemen, I will ventnre to conjecture that there are fewer cases of adultery proven by positive evidence than of murder. Within the TEE’ sogtboatatbe"cantnas cad md we peal have committed, and could be positive proven, than adulteries, Lone FAITA NO PALLIATION OF CRIME. If aman, & married man, intends to bave, and does have, carnal, sexual jutercourse ‘with another woman than his wife, Be ts guilty of adultery; and that no matter what his beuet may be. if be aas intentionally and willingy done an aot which the law says is a crime he ie guilty of that crime, whether thinks it @ crime not. iy, gentle men, very few iaws are enacted by. Legislature where thers {a Not & large minority of very Legislature that to it, and» very large minority, if fot majority, of he “think ft unwise or Wing . a wise oF WEA. Does that Dellef or i Betaton because the minority of the Legislature, or the mi: fi jority of the people, are opposed to “Goes tbat relieve them from the ¥ of obeying it? the question whether be has or hi ommitted @ crime wo shal be in s.bad plight. "Why, genuieunen, tnke Any ord Nary matters of legisiation apon' subjects that do not in- Volve moral questions, as, for. Instan Suppose certain ues a certain of = entr; “a La: fe ta ite Gecretion ot tee legisla " power washer it wil ‘the revenue, fairs of His universe that sooner or later crime stands face to face with justice, and justice 13 the master. Iwill say here, and now, that wacn- ever your good benavior and the public good shall justify me in doing 80, 1 will gladly recommend that you be pardoned. The judgment of the Court is that you be fined $5v0 and that you be Linprisoued at hard labor for the term of three years. vontrary to all expectations there was little or no excitement in the court room. The, attendance was large, but generally all maintained a proper de- corum, The United States Marshal and detectives were fully prepared for any emergency, Notice of an appeal to the Supreme Court was given by the prisoner's counsel, BURNING OF A STEAMER ON THE LAKES, Port Huron, Mich., Oct, 28, 1871. The propeller Dean Richmond was burned on Mud Lake on Thursday morning whe lying at an- chor. ‘The fire originated in the pantry or kitchen and before anything could be done to save the ves- sei she was enveloped in flames. ‘The crew saved themselves by taking to the small boats, but Lucy Mora, the chambermaid, was drowned, The Dean Richinovd was owned by the Untied States Com- pany and was bound down from Duluth with a cargo of 32,009 bushels of wheat, The vessel is a total 108s. EXPLOSION IN AN IRON FURNACE. Younosto wn, Ohio, Oct, 28, 1871. A stack at the iron furnace of Andrews brothers, near this city, exploded this morning. The effects ‘were terribly destructive lo the surrounding baud. ings, Nine men were seriously injurea, and two have since died. The loss 18 $70,000, of which about twenty thousand dotlars 1s insured. A similar acci- dent has rarely, if ever, been known before. EUROPEAN MARKETS. sa” Sisea’ hk tg Cor money and Oya or Ina a i or Y oF Whe ac sou United Biases hres wenty ponds, Tells, 9136; 158, ‘HovneE Panis, Oct. 38—Avening.—Rentes closed POOL COTTON MARKRT.—Lrveni Ot B M,—The cotton market cloasd heavy. Middling up- sD. middling Orleans, The sales of the ss 300) bales, includiog for speculation APOOL PROVISIONS MARKET.—LIVERPOOL, Oct, 28-= 1 BUF, M-cheese, 69s, per cw. {or te beat grades of Binerh can foe old, 91 Pan at otf. MEXICO. Herald Special Reports from Matamoros. Saltillo Capitulated and Sur rendered to Trevino. General Rocha Marching Against the Revolutionisis, A New Pronunciamentoe Against Juarez. GEN. ESCOBEDO’S POSITION. TELEGRAMS TO THE NEW YORK HERALD, The following special despatches to the Heratp have been received from our corre- spondent in Matamoros, Mexico :— Maramonos, Oct. 25, 1871. The capitulation of Saltillo to General Tree vino is reported here this morning. General Rocha, with 3,000 troops of all arms of the service under his command, is marching from San Luis Potosi to suppress the revolution, General Pavon bas pronounced against Jae arez in the Huastaca country, an extensive section bordering on Tamaulipas, San Luis Potosi and Nuevo Leon, General Cortina is marching to attacks Navanjo, near Mier. LATER. Trevino’s Capture of War Material in Sale Ullo—Escobedo Organizing a Body of State ‘Troeps. Maramoros, Oct. 26, Via Rockport, Texas, Oct. 28, 1871. Later accounts from the army state :— ‘Federal forces in Saltillo and much war ma- terial surrendered to Trevino,” General Escobedo will not attack the revo» lutionists unless they enter Nuevo Leon, Escobedo is engaged in organizing the State troops. FOUND DROWNED IN THE HUDSON—SUSPE- CIONS OF FOUL PLAY. On Saturday the body of an unknown man, ap parently that of a boatman, about thirty-five years. of age, was found floating in the Hudson near Corn- wall. The following Is a description:—Height, ive feet seven inches; dress, blue check shirt, gray pants, gray check vest, brown jacket, blue over- alis, brogan siocs. ‘In bis “pockets were @# five cent plece, a one cent piece and a clay pipes ‘There was un Olt scar on the chin and some recent bruises on the face, The remains had Raia been in the water a Week or two, and decomposi- tion had commenced. ‘fhe Coroner's jury, ou view- ing the remains and noticing the contusions on the face, thought it possible that violence might have been used, and the inquest was ad- journed to give tme for the examination ot the remains by a surgeon. It was thought he mignt have been knocked overboard from a passing vessel, The bruises and the drowning may, how- ever, have been accidental. On the night of the 1 th inst. & boatman named E. Brown, @ native of New Jersey, fell into tne river irom the Rondous barge W. HL. Bennett, near Newburg, while he was intoxicated and was drowned, Further develop. ments may show that the body found 1s that of Brown. VIEWS OF THE PAST. OCTORER 29, 1870—Bazaine’s troops laid down thelr arms and the Prussians occupied the forts around Metz....-« United States steamer Saginaw wrecked ow Ocean Island, in the Pacitic Ocean. 1850—The Portuguese frigate Donna Maria blown ap at Macao, Cnina, and 188 of her crew killed. 183!—fearfa! political riot in Bristol, England, many buildings destroyed and a great numoer of persons Killed, 1825—The first boat through the Erle Canal arrived at Builalo. A—Of the Advantages Derived by Dealing directly with the Manufacturer, instead of with the mere vendors, In order to obtaln superior fabrice at a price, no one at this day can possibly be ienorant, N. ESPENSCHETD, Manufacturer of Gentlemen’ s Hais, 118 Nassau street. A.—Phalon’s New Perfumes, “1 LOVE You" and “WHITE ROSE.” 17 DN SAFES, 251 Broadway, coraer Marray stray A.—For A Stylish and Elegant Hat at Pepe Aun. A.—Fer Custom Work, Best Material, Go to Gens sees Boot and Shoe Store, 63 Nassau street. lished 1841. A.—Wharf Property for Snie or Lense, ow Gowanus Canal and Basins of Brooklyn Improvement Com- pany Office, corner Third street and Filth avenue, Broux- ow : A.—A.—A.—Roebuchk’s Weather Strips, 5S Fuiton avreet; best, most reliable and always the cheapest. A.—Watts’ Nervous Antidote Electrifies and strengthens the entire nervous system and cures all nervous pain, disease and debility. A Protection Agninst Fire, Bricks, Wood concrete, pavements, ats from locomotives, shingles, by proper application of SOLUBLE GLASS, Lad. W CHTWANGER, 65 Cedar street, N. Y. the Hair, Warranted to ling out, increases its growth. 's air, stop its Recommended by physicians. Dronkennoss or Opi BEERS, 107 Fourth avenu m Habit Cared by Dre ‘all or send stamp for evidence Denis Deno Hote, No. 5 East from 5 to 734 P. Me Democratic Reform Nominations. 'ANTI-TAMMANY. For Justice of the Supreme Jourt, GEORGE C. BARRETT. For Judges ot the superior Cow WILLIAM E. CURTIS, JOHN SEDGWICK, For Judge of the Court of Common Pleas, CHARLES PF. DALY, For Justice of the Marine Court, ALEXANDER SPAULDING. For Bornes, FRANZ SIGEL. For Dinmonds, Watches and Jewelry Ge to GEO, C. ALLEN’S, 81 Broadway. near Fourteenth street, n’s (Inte of Delmonico’s) Table ‘Twelfth street, $1 50, including wings. Minsisquol Spring. bit. - in diseases of the kidnes ous relief in ms OF tne Nie Steinwny & Sons’ reUWAND, SQUARE AND UPRIGHT PIANOS were awarded tl awareiKST GRAND GOLD MEDAI WORLD'S FAIR, PARIS, 1887, AND LONDON, 1962, The STELNWAY PIANOS. ‘are universally conceded to ba. THE LEADING FIRST CLASS PIASO now before the public, These instruments are preterred:> ail others by the most celeprated pianists, They are used by all the principal concert trodes whenever attainable. ve a truly “worldwide” reputation, being largely ‘urope and all parts of the civilized world, and they are fought to be imitated by nearly all American and European piano makers, STEINWAY & SONS’ MAMMOTH MANUFACTORY ia the most perfectly arr ‘and extensive establishment of its kind in the world, ubliahed official revenue re turog having revealed the {act that “the amount of their yearly sales exceeds those of the twelvelargest plano OSTEINWAY & SONS call apocial altention to thete C ion NEW PATENT UPRIGHT PIANOS, louble iron frame, Patent Resonator and ‘action, which are matchless In volume and quality of J surpassing facility of action, while standing longer nt being more impervious to atmos! niuences. shan any other piano at present manntactured, EVERY PIANO WARRANTED FOR FIVE YEARS. Prices as low as the exclusive use of the best materials and ‘most thorough workinanship wili permit, Old pianos take to exchange, and illustrated catalogues, with price liste, mailed free on application. : WAKEROOMS, STRINWAY HAL! 109 and 111 Kast Fourteenth street, New York. Stock Gold Speculations.—Privileges Safest Feahuces "Saints up of dermas from Bt; both wage aus. Je. BAZLBY, 41 Exebange hoon Danete Sewing Mnchine—Tke The Wii Dest and chea; clasa machiaes inthe world; price from $4310 $100; easy payments, Salosroom 107 Broadway Te the Public.—On Ast of November We will oe ok tak aes or wabhorized Le og this city rated ad Sp tree aan oe ine Ee AENCR & UO. 6 Maiion Yenc.