The New York Herald Newspaper, April 30, 1872, Page 9

THE CHEROKEE Nass{(RE. OFFICIAL REPORTS OF THE FIGHT Evidence of a Prearranged Plan to Re- sist the Authorities. A CHEROKEE MURDER ASSOCIATION. fee Bis Extraordinary Conduct of the Indian Judge— Proctor Acquitted After the Massacre— The Sixth United States In- fantry After the Outlaws. pM Rk wuRDER OF A FAMILY BY INDIANS, WASHINGTON, April 29, 1872, The fotlowing are the official reports of the mas- sacre im the Cherokee Nation received by the At- torney' General :— Forr Sairn, Ark., April 18, 1872, Hon. Geonce H. Wui.Liams, Attorney General, Washington, D, C. Sir—I desire to call your special attention to a very aggravated resistance of United States author- lty, in which Deputy Marshal Jacob Owens and seven of his posse were murdered and several others severely wounded, and request that you ask the President of the United States to make a de- mand of the chief of the Cherokee Nation for the persons engaged in the assassination, ORIGIN OF THE DIFFICULTY, Some time ago one Proctor went to the house of one Kesterson, a white man, and brutally murdered ‘his wife, who was an Indian woman, and also shot htm in the head, making a very dangerous wound; and, feeling that the murderer of his wife would be cleared in the Cherokee Court, applied to James 0. Churchill, United States Commissioner, for a writ. The Commissioner tasued a capias, and placed the same in the hands of Jacob Owens and Joseph Peavy, United States Deputy Marshals, and requested them to repair to the place where the trial was progressing, and if the prisoner Proctor was Cleared to then arrest him for the assault with intent to kill the said Kesterson, he being a white man and the United States having jurisdiction over the same. DEPARTURE OF THE SHERIFF'S POSSE, The Marshals with their posse repaired to the place of holding Court {2 the Going Snake district), hey having previously summoned several per- sons Panini) to be present to ald in the arrest, as it was generally understood that said Proctor would not surrender without resistance. On Le Bec the Court House the Marshals ob- served several men go around the house with arms in their hands. Deputy Peavy then observed that they (the posse) had better ride to the rear of the house, as he believed there would be a difficulty. Deputy Owens then stated that he thought there would be no resistance, and they all rode upin front of the house, hitched their horses and started to the house. Deputy Marshal Owens instructed his men to be quiet and peaceable, when several meu came to the door and fired on the Marshals, A GENERAL FIGHT, The fight then became general. The guards, jury, lawyers for defence and prisoner participated in the fight. The Marshals’ force being few in num- ber and outside of the house, were badly cut up, and were compelled to leave the fel leaving seven dead and one or two mortally wounded, The Marshal, Jacob Owens, has since died from the effect ofhis wounds. Tenclose a letter from Deputy Mar- shal James W. Donnelly, the Clerk for Marshal of this district. A SPECIMEN OF CHEROKEE JUSTICR. T have just had a conversation with Mr. J. A, Scales, an attorney employed in the prosecution of Proctor in the Cherokee courts, who eves substan- tially the following account of Cherokee justice as meted out by thelr courts, ‘The presiding Judge, Sim Walker, being a relation to the party, was disqualified from acting as Judge, and e Chief appointed Thomas Woolf to act as special judge, The defendant or some one of his friends approached Judge Woolf and fequested that he place twelve names in the list of jurors (it being the duty of the Judge to place twenty-four names on the list and the de- fendant then select twelve men to try him). He re- fused to do so on three —— occasions, and then penlened The Chief then appointed Black Haw, Six Killer, to act as Judge, and he permitted part of the names to be a on the list of jurors, and they went into the trial. The trial progressed four days, and the Judge was suspended on account of charges preferred against him, but was after- wards restored by the Chief to act, and moved the place of holding Court to the schoolhouse where the difficulty occurred, it being a better place to resist United States Mar- shals. The Judge dismissed the posse of the sheriff and turned the prisoner over to a guard of his friends. The while then developed the fact that a deliberate plan was formed by Uherokee authorti- ties to clear Proctor of the crime of murder ju resist the United States Marshals and t! eh ‘os . THE PARTIES WHO RESISTED ‘on this occasyon are a part of the same who resisted the marshals a year ago last October and also who murdered Deputy United States Marshal Bentz a couple of months ago. There scems to be a deliberate lan among that class to stand by each other; to to whatever is in their power to clear each other of crime, and to rescue (cysts by the Marshal, as they have on former occasions, and to murder the ofticers whenever they attempt to execnte the process of the Court. Deputy Marshal Owens was one of the best officers onthe force. A quict, ern gentle- man, esteemed by all who knew him as an honora- ble, high-toned gentleman, and the department has lost one of her best oficers in his death, I earnest- ly hope that you may take such steps as you think roper to have the perpetrators oy to justice, Entess the Cherokee authorities ald the United Atates, it is very doubtful whether or not, with tho limited force in our hands, we can make the arrests, On hearing of the resistance to the marshals, Mr. James W. Donnelly, in the absence of the Marshal, very promptly despatched @ force to the scene of the dimeu ity, who buried the dead and brought away the wounded. THE MURDERER ACQUITTED AFTER THE MASSACRE. ‘They report on their return that the Judge held Court the day after, cleared Proctor, and that Proc- tor had fallen back to Rabit Trap, in the mountains, and that he had fifty men under his command and ‘was fortified. The Marshal did not think it prudent to attack Proctor, 80 he sent his posse back to this lace, and he and Dr, Pierce, the surgeon, went to jah to make a demand on the Chief for Proctor and those en, d with him in the murder of Owens and his posse. We have had a great difficulty — to mtend with in that part of the Cherokee Nation. Four persons were convicted at the May and November terms 0f1871 for resisting the Marshal's forces in this same neighborhood, in which Deputy Marshal Bentz was murdered, and also near the place where Owens and his posse were murdered, The Cherokee uthorities do nothing to aid us in making arrests; in fact they throw all the obstacles possible in the way of the United States authority, and to be tried in Indian Courts, a8 was demonstrated in the trial of Proctor, ia the merest farce? No one is ever convicted for high offences, and they have NO LAW FOR ASSAULT WITT INTENT TO KILI. Since the trial the Cherokee authorities have in- Aicted several Cherokees for sagt | into a con- spiracy to take a prisoner out of the hands of the Court, and if they are found guilty the punishment is death, They are a part of the posse summoned by the Marshal to assist in making the arrest, and were acting in strict accord- ance with instructions, and were assaulted by Proctor and his party and only acted in self defence. I have no doubt if Judge Black Han (Six Killer) acts as Judge, and they have Proctor and his forces armed, tl tg? can convict them. In fact, wig threatened to take the life of any one who furnished information or aided the Marshal's force in a, arrests, Please give such instructions as you think proper, #0 that those engaged! in eee of nd inay be brought to jus- tice, ave the honor, &c., ES Hi. HUCKLEBERRY, nd to 386, when arrested JAME! United States District Attorney of the Western Dis- trict of Arkansas, Deputy Marshal Donnelly’s Report, OFFICE UNITED STATES MARSUAL, WESTERN DISTRICT OF ARKANSAS, f Fort Smiri, Ark., April 20, 1872. Gon. James H. HUCKLEBERRY, Cuited States District Attorney, Western District of Arkansas, Fort Smith, Ark. :— Dear Sik—On the 11th of April information was filed before James 0, Churchill, United States Com- missioner, by O, M. Kesterson, a white man, that Ezekiel Proctor, a Cherokee Indian, committed an assault,avith intent to kill, npon him, at the same time murdering his deitdin’ wo wiie, a Cherokee woman, Colonel Churchill issued a writ for Proctor upon @ charge of assault, with in- tent to kill, and it wis placed in the hands of J. G, Peavy and J, G. Owens, Deputy United States Marshals for service, with in- structions to proceed to Going Snake District Court House, in the Cherokee Nation, where Proctor was being tried for the murder of Kesterson‘s wife, and, in the event of Proctor’s being acquitted, to arrest him at ouce and bring him to Fort. Smith for exami- nation, Deputy Marshal Benta having been killed here a sliort time before while engaged on a siinilar service, the deputies summoned A STRONG POSSE COMITATUS and were joined in the Cherokee Nation by several Indians, Who were desirous of secing the offender brought to justice, On Monday, the 15th, Peavy and Owens, accompanied by their posse, arrived at tho court house and dismounting hitehed thelr horses within thirty yards of the building. They then ad- vanced, Deputy Owens cautioning his companions to be careful and make no hostile demonstrations, Upon arriving withina few feetof the pon the deputies perceived that it was fille with armed men, and that they were preparing to Make an attack Upon them, Beputy Peavy caileg 1 NEW YORK HERALD, TUESDAY, APRIL 30, 1872—QUADRUPLE SHERT. stating that he was & United States omcer Ri that he ‘aid not desire vy bg At this mo- ment a gun was no the buildin; id in an instant the firiag became general. In the ‘apace of three minutes seven of the Marshal's party werd killed, three severely wounded, and Deput; Owens, mortally wounded, ong has since died. Or th ata ean ile ba ven wounded, m@xing altogether __ Pievex S'2Lro axp TEN WOUNDED. ~~ Deputy Peavy, assisted by Joseph Vaunoy, one of his posse, succeeded in taki puty Owens to a house, within a half mile of the Court House, and at once despatched to me a messenger for reinforce- ments to protect Owens, and, if possible, to arrest the murderers, as {t was reported that the Indians intended pang Owens, immediately raised, mounted, armed and Le a force of twenty- one men, whom I placed under the command of C. F, Robinson and despatehed him at once to Mrs. Whitmire’s, in the Cherokee Nation, at whose house Owens was then lying. I also sent by him a formal demand on the Chief of the Cherokee Nation for the surrender of the murderers, Upon arriving at Mrs. Whitmire’s Mr, Robinson ascertained that the In- dians, to the number of eighty, had taken thelr wounded and retreated to’ the moun- taina, and, under the circymstances, he did not feel justified in following them with the handful ofmen under his command. After caring fer the wounded, and sending the body of Deputy Owens (who had died before he arrived) to Cincin! , 'k., Mr. Robinson sent his detachment back to this place, in charge of Deputy Joe Tinker, while Mr. Robinson, accompanied by C. W, Pierce, pro- ceeded to Talequah to present to the Chief THE DEMAND FOR TIE SURRENDER of the parties, After carefully weighing all the testimony at my command, I have come to the con- clusion that this cowardly attack upon United States oMcers in the lawful discharge of their duties was premieaitated and carefully planned, The woman killed by Proctor was a sister to a large and inftuential family in the Cherokee Nation by the name of Beck. The Becks were, of course, desirous of pire Proctor punished, and for this reason joined the Marshal's posse, to assist in mak- ing his arrest if he was acquitted in their Courts. The Judge of the Cherokee Court*was a warm friend of the Proctors, and would not permit any ofthe friends of the Becks to come to the Court mapeg armed, although all of Proctor’s friends were ed, CONDUCT OF THE INDIAN JUDGE, On Monday morning, instead of holding his Court at the Court House, which was quite an open bulld- ing, he removed it to tho sciool house, in which there were but few windows, and irom which they could fire on any person without with impunity, He also removed.the Sheriff's posse and permitted Proctor to be guarded by his own relatives, Proctor himself being armed. He also permit- ted Proctor to place on the pur *men whom he (Proctor) selected. The Judge was armed, as was also the jury and every man Jn the building, and the day after the Mght he held Court and acquitted Proctor of the murder of Mrs. Kes- terson, These Proctors and their friends, among whom is this Judge, belong to an association in which the members are sworn to kill every Indian or citizen of the Cherokee Nation who gives testimony or information in United States Courts against another Indian or citizen of the Cherokee Nation. This association is not confined to this locality, but has its ramifications all over the Chero- kee Nation, I am informed that this association was organized before the late war by one John Jones, United States Indian Agent, and I beHeve Indian Agent for the Cherokees now, and the members were known as the ‘Pin Indians,” This information was given to me by a gentleman who has become a citizen of the Cherokee Nation, Taking all these things tuto consideration I am compelled to believe that it was a well laid plan of resistance to the United States laws. How well it was executed you can judge for yourself. Owing to the limited force at the disposal of tho Marshal these parties will not be brought to justice unless an organized force is sent into the Cherokee Nation. Ihave no expectation of any as- sistance being rendered by the chief, as it is hinted that he Is in part responsible for this massacre of United States oficers. I am informed on reliable authority that he has used his influence to procure THE ACQUITTAL OF PROCTO! and that he knew for several days if the United States oflicers attempted his arrest there would be a fierce résistance and many lives lost. Knowing this he did not inform the oficers of the govern- ment. Mr. Owens was one of our best and most careful deputies. He was esteemed and respected by all who knew him, and his death will be a great loss to this department. This affalr becomes more lament- able from the fact that all of the white men killed had families dependent on them for support, who are thus thrown upon the cold charities of the world. These outlaws should be held to a strict accountability for the desolations they have cansed. I would suggest that a company of cavalry be or- dered from Fort Sill, if they can be. spared, to co- operate with the civil authoritics in effecting cap- ture, Without them no good can be done, and it will be absolutely unsafo for any white man to travel through _ that oar. I omitted to mention that Deputy Peavy after the fight was compelled to remove one of our wounded Indian friends to Cincinnati, Ark., to prevent the Proctor party from killing him. He Was s00n after followed to that place by Proctor’s friends, who would undoubtedly have carried their threats into effect had it not been for the opportune arrival of Deputy Marshal George F. Dean, accom- panied by three posse com., who put the outlaws to Night. CONDUCT OF THE MARSHAL'S MEN. Twonld also state that the party sent out under Mr. Robinson conducted themselves in a very law- abiding manner, committing no acts of retaliation in the Indian country. In the absence of Colonel Roots I feel compelled to submit this statement to you, in order that you might take such steps in the matter as will bring it propery, before th epartment at Washington, very Bi eiegT &eo., J. W. DONNELLY, Deputy United States Marshal, in charge of oflice, ROUTING THE INDIAN TERRITORY OUTLAWS, Sr. Lovuts, Mo., April 29, 1872. The Sixth United States infantry, Colonel William B. Mazen, has been ordered from this department to the Department of Dakota for service on the line of the Northern Pacific Railroad. An additional detachment of troops has been sent to assist in fonda the white outlaws from the Indian Terri- ory. MURDER BY INDIANS, MINNEAPOLIS, Minn., April 29, 1872. Advices received from Oakdale, on the Northern Pacific Railway, on Saturday evening, announce the wholesale murder of a family named Cook. The murder is supposed to have been committed by Indians. Tlic house was burned to the ground ani bones have been found in the ruins, OONFLAGRATION ON THE CATSKILLS, Krnaston, N. Y., April 29, 1872, Large fires are burning on the peaks of the Cats- kill Mountains northwest of this city. The scene is grand at night, when the peaks seem to wear a crown of fire, aud attracts hundreds of gazers in the vicinity. The fires are plainly visible in this it d further south to a distance of twenty-five mil ‘hey seem to be confined chiefly to dry leaves, dead trees and undergrowth, no very ex- tensive damage having as yet been heard of. Fires are raging along the Rondout and Oswego Rail- road, and a considerable amount of cordwood and railroad ties has been consumed, Everything is very dry, and the fire spreadf with great rapidity. THE ALLEGED SARGENT SCANDAL, SAN FRANCISCO, April 29, 1872, The report telegraphed to the Eastern press some time ago of the burning in efigy of Congressman Sargent and others, on account of the part taken by them in the Goat Island grant matter, by citizens of the Tenth ward of this city, was base upon the published statements of reporters for the city press, who witnessed the transaction. This explanation is rendered necessary by Mr. Sargent’s bb et ad in the House that the report referred to was se. THE INTERNATIONAL PRISON CONGRESS, Cotumbus, Ohio, April 29, 1872, Governor Noyes to-day appointed five Commis- sioners to the International Prison Congress, to be held in London July 3, THE ATTEMPTED ASSASSINATION IN NEW- ARK, The Grand Jury of Essex county failed to find any 00d ground for holding James McGuckin and Wil- liam ©, Burt, the two young men who were arrested on a charge of breaking into the house of and at- tempting to assassinate Mr. Slocum, of High street, and thus have been honorably discharged. ie authorities are severely censured by the fie for holding the parties in duress on such fimsy evi- dence a8 an anonymons letter, the writer of Which is now unknown, ajthough strongly suspected to be the father-in-law of one of the parties, an atleged worthless fellow, whose wife hi ul to support him for many years past. DEATH OF FLORENGE STANLEY, Batrimore, April 20, 1872. Mrs. Florence Frances Cole, well known to the public as Florence Stanley, formerly a prominent member of the Holliday Street Theatre company, died in this city, of Se RO on Saturday, after o lingering iliness. She leit the stage about two years since. PROHIBITORY BUNGLING IN OHIO, Coumpus, April 29, 1872, The sensation here to-day Is the discovery that the famous Adair liquor Jaw is Imperfect, Inasmuch as the enacting clause of the law reads, “Be It en- acted by the State of Onto,” instead = “Be it en- acted by the General Assembly of the State of Ohio,” as the constitution prescribes. The question as to whether the error makes the law invalid or Bot will be tested within a few days, THE MEETING AT GENEVA. ——— Exchanging the Counter Cases at Geneva—Tho Protest and Counter Protest—Who Was There and What Was Done. - “mE seep, a Geneva, April 15, 1871. ‘The 15th day of April is hereafter te appear as a historical landmark in the relations of America and Great Britain, if it proves to be true, as We now suppose it must, that the continuance of the Geneva Arbitration case has virtually been checked by the day's proceedings, By the provi- siong of the treaty this day was appointed for the interchange of the reply to the “case,” with such additional documentary evidence as in the wisdom of the respective goveruments it might be deemed necessary to hand in. MEETING AT GENEVA, Ifhad been rumored that Count Sclopis, theyar- Ditrator named by the King of Italy, and under whose presideney the Commission has been con- stituted, would come te Geneva. This proved er- roneous. On the American side Hon. John C. Ban- croft Davis put in an appearance late on Saturday night, and was joined on the following morning by the Hon. Caleb Cushing, and Mr. Charles Beaman, Hon. W. M. Evarts remained at Paris. These gen- tlemen, as on the previous occasion, had descended at the Hotel Beau Rivage, while at a neighboring house, the Hotel des Bergues, had descended the British Commissioner, Lord Tenterden, accom- panied by two secretaries, The gentleman froin Great Britain 1s one of the under Secretaries of State in the Foreign OMice, holding, therefore a po- sition similar in character to that of Mr. Davis under Mr. Fish, EXOMANGE OF CASES, The City Council of Geneva had, asin the month of December, placed a large hall in the Hotel de Ville at the disposal of the Commissioners, On Monday morning, about ten o'clock, four large and heavy packages of printed matter, duly got up in snow-white paper, tled up with the indispensable red tape, and decorated with enormously large seals, were deposited ina common hack, called from the stand opposite the hotels, and conveyed, in charge of a responsible servant, to the Hotel de Ville, whither Mr. Davis, followed on foot, accom- panied by his son. Lord Tenterden was likewise punctual in his attendance, and the formality of exchangin: the docu- ments was duly proceeded with. ere was noth- he exciting or hilarious in the proceedings so far. it occurred to me, on the contrary, that there was something mournful in the proceedings, and grave doubts arose in my mind whether we were not at- tending @ funeral ceremony rather than assisting at an event in which both nations should find here- after cause for rejoicing. THE OZREMONY WAS ENTIRELY PRIVATE, Lord Tenterden and Mr. Davis being left to them- selves, together with Mr. Favrot, the gentleman ap- pointed to act as Secretary to the Arbitrators, The remaining gentlemen named above retired to the garden which adjoins the venerable edifice, and there I found present also the Hon. Horace Rubiee, United States Minister to the Swiss Confederation, resident at Berne, and the Consul, Jud, ey ‘esident at Geneva. At abont eleven o'clock Hon, jancroft Davis informed me that the exchange of papers had taken place, but under protest. The nature of the protest could not he divulged, it being mutually agreed between the commissioners of the respective governments that nothing of the con- tents should transpire before the documents reached headquarters, COUNTER CASE. THE Great Britain, I have good reason to believe, makes no allusion whatever to what is known as “indirect damages.” The document itself—i. e., the printed paper—was exchanged probably in a Pick- Wwickian sense prior to the 16th. However that may be, it is a formidable paper, which has to be gone over carefully, and it will require several days to do 60. Under the circumstances it would be apike pre- mature to express any opinion, even by those who are initiated in the mysteries of the case. The case, however, as above stated, was accompanied on the English side with a protest, setting forth certain reserves, which are probably, wholly in- admissible and may prove fatal to the continuance of further negotiations. I believe I may add that this protest has been met by a@ counter protest on the American side. THE DEADLOCK. Little hope is entertained that the American gov- ernment can accept the views of the protest. The onus will fall, therefore, on the British government if the arbitration is not to be proceeded with. Should the case go on, nevertheless, it must be be- cause the British government modifies or with- draws the protest; otherwise the proceedings will assuredly terminate. A deadlock having thus been reached we must look to Washington for further news. : Hon. B. Davis proceeds to-morrow to Berlin, after paying a visit to the President of the Swiss Confede- Tation, General Cushing returned to Paris this evening. MUSIC AND THE DRAMA. Madame Bonawitz Volkmann, a lady professor of music from Paris, has arrived in this city. . The Lydia Thompson troupe commence this sea- s0n at Wallack’s Theatre on June 10. L, J. Vincent has been engaged as stage manager and Voegtlin as scenic artist for Niblo’s Garden next season. The third annual concert in aid of the Young Ladies’ Charitable Union will be given on Tuesday, May 7, at Lyric Hall. The testimonial concert to Mme. Mauzoceht takes place at Steinway Hall this evening. Miss ens and Signor Brignoli will lend their valuable aid, The powerful acting of Miss Clara Morris in the drama of “Article 47” and the vivacity and bril- liancy of Miss Fanny Davenport have proved power- ful means of attraction to the Fifth Avenue Theatre. A dramatic and musical entertainment, under the auspices of the Light Guard, “A” Company, Seventy-first regimont, N. G, 8, N. Y,, will be given by the Murray Hill Amateur Association on Thurs- day evening, May 2, at the Union League Club Theatre. A matinée of “The Rivals” will be given at Wal- lack’s on Wednesday, May 8, for. the benefit of the Homceopathic Surgical Hospital. Mr. Brougham, Mr. Gilbert, Mr. Stoddart, Mr. Polk, Mr. Ringgold, Mrs. Jennings, Madame Ponisi and Miss Tracy willappear in the cast, Provincial Gleanings. Minnie Jackson, now at the Union Square Thea- tre, this city, has been secured for the Howard Atheneum, Boston. Mile. Cerito, the transfer motion dancer, engaged fo England by Colonel Brown, will sail for America early in August, and appear at the Howard Athe- neum, Boston. John Wilson, the California circus manager, who has been in this city the past two weeks, has secured, through Colonel T. Allston Brown, the Matthews family for a season of three months, at a salary of $400 per week. The party leave for Call- fornia on May 6, “Divorce,” as played by Messrs. Furbish & Wil- ton’s dramatic company, continues very attractive in the provinces. On one night this week the com- Pen appeared in New Bedford to a $670 house, and hat, too, in spite of the counter attraction of the New York Circus, Emerson's Minstrels, now playing at the Alham- bra Theatre, San Francisco, come thia way for a tour of two months, leaving California with Thomas Maguire in May, stopping at Chicago, St. Louis, Cincinnati, Louisville, Pittsburg, Philadelphia, an opening in New York September. 2 Fe Foreign Notes. Miss Lina Glover, the young and favorite vocalist of Dublin, has arrived in London, “The Woman in White’ has been successfully orought out at the Manchester Theatre Royal. Messrs. Sims Reeves and Santley will both sing at the Worcester and Norwich festivals in the autumn, in England, Dr. Westland Marston's “Life for Life’ has been roduced at the Theatre Royal, Birmingham, with 88 Netison in the character of “Lilian.” Miss Augusta Thomson has been performing “Fredegond” at the Portsmouth Theatre. A con- temporary says she is the “life and soul of the piece.”” Flotow's latest opera, “L’Ombre,” has been re- ceived with great favor at Turin. A correspondent writes us that “vravos, bis, rappels, nya manqué.”” A fertile minded Parisian has suggested that the drop curtain of the Paris Opera House should con- sist of one vast mirror; and he expatiates upon the magnificent effect it would create with its muitipll- cation of lights and beautiful women in elegant tollets, The name of the first Buigarian drama is ‘‘Ne- vinka.”’ There is a princess in it and a robber chief. There hae | no Bulgarian actresses as yet, the author played the part of the heroine. There were only twelve women among the audience, but then the Bulgarians in Constantinople are chiefly immigrants. ‘We have to announce the formation of another new national school of drama, and this again in Constantinople. There the Romaic drama has flourished and the Armenian and Turkish drama been created, I ment atten the most I rd nationality in, the empire, have produced in Stamboul a historical drama, founded on the Lead Bulgaria. Besides an enthor, « ative actors have been produged, THE SPANISH ELECTIONS. How Universal Suffrage is Prac- tised in Europe. A MOST REMARKABLE DOCUMENT. Senor Sagasta’s Instructions to His Subordinates. BRIBERY, TREACHERY AND FALSEHOOD. Ballot Box Stuffing and Repeating Not Strictly American Virtues. BE SUCCESEFUL, NO MATTER HOW. Tammany Outdone in the Land ef the Cid. Maprip, April 5, 1872, The pressure Sefior Sagasta and his companions are putting upon the electors of Spain to insure a triumph in the urns is very great, if we may be- lieve the papers of the opposition, You cannot take up a number of the radical Imparcial, Tertulia and Novedades, the Carlist Esperanza, Regenera- cion or Pensamiento, or the republican Discuston, Igualdad or Jurado without finding exposures of a frightful nature. Some of these may be true, others may be false, but that there Is some foundation for them cannot be denied. In the very nature of things it is so in-all Latin countries. With gov- ernments controlling the Post OMmce and the telegraph, manipulating and monopoliz- ing the latter at their will, having fune- tlonaries as powerful as the prefects in. France and the civil Governors in Spain, with an army and navy who vote, and with an immense horde of publicem- ployés of every grade, from the Cabinet Minister down to the porter who sweeps out his ofice, the “governmental influence’ is indeed very potent, and, no matter who constitutes the government, it is of such a nature as to make the suffrage a mere sham, an empty farce. Added to this there is the apathy and indifference of the great bulk of the electors. The lower you go in socicty the less do the people of such countries as Spain care for thelr new-born privileges, But at this moment the proba- bility of governmental pressure 1s greater than ever, from the fact that the men in power know that the winning the election is a matter of life and death. AMADEUS’ SHORTSIGHTEDNESS, Separated from his own party, the progressists, Sefior Sagasta has made a sort of alliance with the untonists, the old conservatives. On the faith of this alliance being genuine he has been confirmed in power by the King—the greatest political mis- take any crowned head ever made. Lord Palmer- ston once, speaking of a mistake made by a mon- arch, sald, “It was worse than acrime—it was a blunder.’ For monarchs to blunder the astute old English politician considered worse than for them to commit an actual crime. Amadeus, in so blindly believing in Sagaséa, has committed a blunder which has cost him his popularity, and which may cost him his crown. To convince Amadeus that it is no blunder, but that it is all right, Sagasta must needs have returned to the Cortes a large majority of supporters. If he fails in this the King will see how he has erred. Hence his determination to use every means, lawfal or otherwise, to win, THE ELECTORAL STRUGGLE. So certain were the oppositions of this that for some time they inclined not to go into the electoral struggle at all, but to leave Sagasta the whole Par- Nament to himself, as the best means of running him to earth. “They did this with Gonzalez Brabo, and the result was not only his downfall, but that of Queen Isabella also. “ Retraimiento,” as it is called in Spanish, means retiring from the legal struggle to the illegal, from the open Congress to the secret conspiracy, from the Parliament to the barricade. Finally, they decided to abandon the idea of retire- ment, and to forma general coalition, as the best means of securing the defeat of Sagasta’s satellites, They cared little for after consequences; all they aimed at was first to get rid of the man they called a traitor to his party and a deceiver to his King, and whose idea of good government they alleged to be tyranny and oppression, a gagged press anda perverted constitution, The moment they succeed, and have to put to each other the important ques- tion, “ What next?” will be the moment of diMculty for the throne and for the people. HOW THE ELECTIONS WERE MANAGED IN THE PROY- INCES, That the liberties proclaimed by the revolution of 1968 are ill understood by the rulers, and hypocritl- cally practised, is proved by a most curious docu- ment just dragged to light by a Madrid paper. Itis a series of instructions, said to have been sent from the Ministry of the Gobernacion in Madrid to the civil Governors of the Provinces, on the eve of the elections of 1871, for the first Cortes of the new relgn. At that time General Serrano was President of the Council of Ministers, Zorilla and Martos were in the Cabinet, and Sagasta was Minister of the Go- bernacion, under which department the elections were made, It is sald that, following a custom completely Spanish, his companions left Sagasta en- tirely to himself in the management of the elec- tlons—that fs, that he was allowed to keep his plans and proceedings under complete reserve and with- out their knowledge or interference. This is the only thing which can clear them of participation and responsibility in the disgraceful circular to which I allude. It is in the shape of a series of instructions from the Min- ister of the Gobernacion in Madrid to the civil Governors of the provinces, The paper which now exposes it is La Tertwia, a flerce radical organ, deadly antagonistic to Sagasta and Serrano. Its editor is Don Juan Manuel Martinez, who declares he received the circular in question direct from the Minister of the Interior, he being at the time civil Governor of Tarragona, He says it was not sent him by post, but brought by a special government messenger, with instructions to copy it and send the messenger on with the original to another pro- vince. He declares he refused to act upon the shameful orders given in it, but resolved to keep his copy in reserve in case he shoula ever “split? with Sagasta. The split having taken place by what he calls Sagasta’s treason to the progresista party, he believes all motive for secrecy at an end, With a view of showing the King and the country what the governmental pressure might be likely to be in the present elections, he publishes these instruc- tions given for the last ones. Sefior Segasta, being now as then the Minister of the Gobernacion, and Sefior Romero Robledo, the present Minister of Public Works and Instruction, being his chief secretary. If the document be gennine it will startle the world, and show what a farce is univer- sal suffrage in Spain, COPY OF CIRCULAR (RESERVED) TO\THE CIVIL Goy- ERNORS OF SPAIN, 1871. 1, Without narrowness of views seek and prefer candidates who are natives of the district, and who have most influence in the electoral body, be they unionists or progressists, or anything else, so long as they accept legality created by the Cortes Constituentes. 2, Make known to all the cmplorte that the gov- ernment will not be satisfed with their apathy or fudifference, or even their personal support, but that itis necessary they should labor zealously in favor of the candidates accepted by the Ministry, He who is wanting to this duty will be immediate declared cesante (dismissed), 8. Prosecute with activity all cases of coercion consigned in chapter 2, article 3, of the Electoral jaw. When you are certain that any one seeks to gain the elections by money, although you have no material proofs, no zealous Governor: ought to be destitute of the means of procuring proof sumMecient to deliver immediately to the tribunals those who adopt that punishable resource, He can always find some who, by accord with the authority, whit accept the bribe and afterwards denounee it It you offer them impunity and recompense. + & The projected judicial redivision and the eatab- Mshment of district tribunals, pretending that they are more immediate than they will be in reality, afford to a dexterous Governor an tnexhaustibie fount of seduction in the various pueblos which as- pire to be the residence of said tribunals, You ones not to hesitate to make promises on this point bis ich are even very far from being likely to be re- ed, 6. Cries of “Viva la Repudlica!” or, “Vivas to Pi ‘los VII.” now prohibited, constitute a kind of elict which, if progecuted with activity and con- stancy, will certainly give rise to many indictments which will inutilize oppositfon votes, terrifying the dubious aud imposing respect and circumspection on the rest. This means may be made very fecund if your confidential agents promote such cries and tumults as may give you excnse for falling upon the republicans, Between now and the elections, availing him- self of republicans of second order, but influential in the masses, and with all due secrecy, the Gover- nor ought to buy at two or four reals or so as large a number as he possibly can of cédulas belonging to republican electors, Things being thus prepared beforehand, and pre- sumong that the chairmen of the mesas interinas will be enemies, because the Ayuntamiento is re- mblican, you will proceed to the election in the fol- lowing manuer :— A NICE LITTLE ARRANGEMENT, The night before you ought to have designed, con- formed to you in thought and duly provided with their baptismal certificates, two of the oldest and two of the youngest electors for each of the Elec- toral Colleges. he next day—that is to say, the day the elections begin—half an hour or an hour before opening, you ought to accu- mulate round the door of every Electoral College a considerable number of monarchical electors, a number sufficient to completely fll the saton of the Electoral Colleges, ‘These monarchical electors, for greater confidence, ought to be mem- bers of the army or Civil Guard, or other depend- ents of the authorities, They should only facilitate access to the door of the college to those already mentioned who ought to compose the mesa interino, ‘Thus the President will be forced to constitute the mesa interino of the persons agreed on, THE ELECTION WILL COMMENCE. As each elector comes up to vote the secretaries should demand to compare his cédwa with the Ubro talonario (register), and excite dimculties and discussions over the least Incidents, with the view of employln the greatest possible time in the vota- tion of friends. Follow the same proceeding with opposition electors who present their cédulas, To those who present themselves to demand the dupli- cate cédula (segundo talon) place in DOUBT THE IDENTITY OF THEIR PERSONS, and require them to prove it by the production of a certificate from the Alcalde of their barrio and another from the parish priest (cura parroca). Tt is scarcely necessary to advert that if the Aicalde and the priest be friendly to the government they ought tobe previously advised to be outof the way (literally, to be where they cannot be found), It would appear idle to remark that at the door of each college and beyond the group of electors the authority ought to have agents of public order (po- licemen) of courage and energy. If, as is very pos- sible, when the opposition electors find access to the door of the college impossible, they PRODUCE DISTURBANCE AND SCANDAL, offering insults or giving the least pretext, these agents of public order will do well to give them some blows (repartér algunos palos), and carry oif immediately to ear those who give occasion for it. They should prefer to inearcerate the chiefs most authorized, In this case the arrested should not be placed at the disposal of the magistrate ‘until uty before the twenty-four hours fixed in the constitution, and the magistrate should avail him- self of the full period of seventy-two hours the law allows him before setting them at liberty. The same proceeding should be adopted with any who give occasion for it after the opening of the college. THESE RULES, WELL OBSERVED, making the rotation of the enemies difficult, should give asa result the election of a permanent mesa fine dennitiva), compact and of decided friends, for the monarchical electors ought all to vote one single President, and should be present in suficient numbers to gain all the secretaryships. FIRST DAY OF ELECTION. When the college opens, which ought to be ef- fected half an hour before nine A, M. (the legal time), and to manage which the Presidentand sec- retarfes ought to carry their watches half an hour forward, there ought already to be in the urn as many voting papers (papeletas) in favor of the Ministerial candidate as the bought papeletas in the favor of the Governor, except the papeletas of those who the day before have obtained the second talon, ‘The persons to whom these papers belong should already be noted in the lists as having voted. These are operations which should be perfectly arranged the night before, Ata very early hour you ought to procure the accumulation and votation of as large a number of friendly electors as possible, such as those of the civil guard, &c. Thus things will goon, On y, When any one presents himself with- out cédula, to demand the second talon, the mesa should say he has voted aiready, and if he Insists that he has not the President should order him to prinon for falsification, as is provided in the Electo- ral law. HOW THE PEOPLE ARE DECEIVED. As you have to fix the lists outside to the public before nine the next morning, you should do it that night or before daylight, and ‘instantly tear them, leaving the head and foot of the list on the walls as € proof that the mesa have complied with the pro- visions of article 76. If you don’t tear them in this Way you should spatter them with mud so that they become illegible, MAKE ALL THR DISTURBANCES YOU CAN. For some days before the elections the G r" ought to cause the police to intermeddle in thé republican mectings and to exercise extremé vigt- lance, not hesitating to arrest for “vives” and “mueras,”' as these now constitute adetict, If these means fall give many blows (patos), with the object of plevating the principle of authority by fear and respec LET ALL GOVERNOKS AND ALCALDES DEGRADE THEM- SELVES. The governors and alcaldes ouee to keep in view paragraph No. 2 of case 2, of article 149 of the Elec- toral law, and not wait till the elections to arrest and prosecute the clergy, who mix religion and politics. An able governor ought never to be short of agents and persons suitable to base indictments of this sort, and in the Carlist provinces it would be of grand e to see three or four cwras prose- cuted and imprisoned, not only for what might be imposed by the act, but also because it would enable you to seize on the cédulas of the Carlist electors, which, as the government learn, they deposit in the hands of their curas, HOW TO WORK OUT SUCCESS, 8. In the case spoken of in Instruction 6, if the Ayuntamiento be addicted to the government, and you can consequently count on the presidents of the ‘mesas tnterinas, as those will result completely unanimous and addicted, those pie vote who have not sold their céduwas in the way alluded to in the sixth instruction for the first day of the elections, THR WORST KIND OF FRAUD. 9. Conformably to the recent circular of this Ministry, and in obedience to the law, the Ayunta- miento ought to ferm new registers (livros talona- rios) and give out new cédulas eight days before the elections. This distribution should be made in the following manner:—Where the alcaldes are friends the dependents of the authority should sally ont with the cédwas with great ostentation, and go all day through the lace, pretending to deliver them. To make Thus show of labor useful the districts and streets ought to be changed. For example, those who go to the Calle Alcala ought to carry, wrongly directed, the cédulas of those who live in Calle Atocha, 4. ¢., they should be erroneously directed, and they should ask in all the houses for the individ- uals whose names are on the cédulas. Of course they wil not find them, and on returning to the Ayuntamiento they will make the necessary legal affidavit of their want of success in the search. This thing should be managed with a certain degree of prudence, 80 a8 not to leave the whole of the oppositions without cedula, but the greater part, and those which are delivered, should be amon: the chiefs and best known persons of the opposi- tion. Moreover, the most exquisite care ought to be taken that all the government friends are duly provided with their cédulas, Such is this scandalous document. What a nice state of things it exposes as existing in Spain! Safe Parliaments, indeed, would those be for King Ama- dens to trust to if elected by dodges such as Seflor Martinez says he and other clvil Governors were instructed to carry out. On Tuesday the elections for mesas was concluded. On Wednesday began those for deputies. They close to-night. Resulta (accurate) will not be known for a week, but Reuter will give you all sorts of incorrect figures, In Madrid all the opposition candidates are ahead by 30,000 votes. In the provinces there has been no insurrection, but reports are to hand of many scenes of violence and petty bloodshed. Reports, however, in Spain never do to believe till they are confirmed, I will detail them in my next. FUNERAL OP EX-GOVERNOR FOOT, OF NEW JERS! The funeral of the late George F. Foot, ex-Gover- nor of New Jersey, took place from deceased's late residence, at New Egypt, Ocean county, in presence of a large assemblage of distinguished Jerseymen. ‘The pall bearers selected were Governor Parker, ex- Governor Ward, J. W. Allen and N. 8. Rue, of the Railroad Company, and Drs, Wilbur and Htouing- head, of the medical profession, Governor Parker was, however, unable to be present, and his place was filled by General Mott. The services were conducted by Rev. Mr, Sommerty, after which the remains were taken to his native place at Pem- ton, where another service was held atone P. M. in the Methodist Episcopal church, conducted by Rey, Mr. — Cri Gover- nor Parker, Dr. Buttolph =a Caleb Sager, of Trenton, were present there, and the fol- lowing directors of the Pemberton and Hightstown Railroad Company, of which Governor Fort was also @ director:—Richard ora. Nicholas Waln, Alexander Shreve, F. Newbold, J. W. Allen, N. 8. Rue. ‘The interment was made at Pemberton, cc tesa tna cicnss dey SEXAGENARIAN SUIOIDE IN JERSEY. Yesterday forenoon Mr, Wesley Genning, an old resident of Fast Madison, New Jersey, committed suicide by hanging himself near his house. He was e ft and of sound mind and bedy up to yeskerday, The cause of the Fash act is unknown, L THE TRIAL OF LIBBIE GanHABRANT, Damaging Testimony Against the Prisoner. Prevaricating Witnesses---Proba- bility of a Protracted Trial. Yesterday was the fifth day of the trial of Libbie Garrabrant, in the Paterson courts, for the murder of Ransom F, Burroughs. Court convened at half- past nine A. M. There was avery small attendance ofspectators. The jury were freshly shaved and “cleaned up,” and looked as if they had passed & very satisfactory Sunday, at the expense of tho county, at the Franklin House, For once im their lives they are living on the fat of the land, Gilbert Riley, the negro, was recalled, but the only new point adduced was the fact that Van Winkle Bogert was in the habit of carrying @ lead pencil In his pocket, with which he once did somo writing for the witness (Riley). Mrs, Jane Riley, the wife of Gilbert, was the next witnéss, The mumbling evidence of this witness Seemed to prove that she wanted to answer 48 little as possible concerning the removal of thé furniture of the murdered man to her house, for fear of an indictment, probably, for receiving stolen goods, to answer which charge she and her husband areunder bonds. Hertestimony corroborated that of her husband on the subject of removing tho furniture; once or twice while her boy was sleeping with Libbie in the Burroughs house Tillie Bur- roughs came to the gate of witness’ residence and asked ifshe (Libbie) knew where her (Tijlie’s) father Was; the little girl was looking for her father; once Libble sald Burroughs was sick and had gone to his sister's at Stony road, and once that he had gone to New York; after the furniture had been moved to Paramus the witness asked defendant if she had ever heard of Buerugne yet; she replied that she had not; one morning after they had slept to- foe in the Burroughs house ‘witness! boy and ibbie came over, and the boy said that Burroughs was over there sitting ina chair; the boy sald he Went into the room looking for Libbie and found her in there combing her hatr in front of looking glass, while Burroughs was lying asleep on, achair; this the boy told witness; she then turned to Libbie and asked, “How's that, Lib? I thought Burroughs had gone away; “So he did,” repiled Libbie, “but he must have come back in the night, for he 1s now over there asleep; Libbie sald sho left him in the room and did not awaken him} sho did not say why she locked tho door ot the room he was in after she came out; afterwards Libbie told witness that Bur- ronghs had left the house and fone, away again. This witness also testified to having seen one of Burroughs’ watches in possession of defend- ant; but her testimony became very contra- dictory ; in fact, it was evident she was lying at & ferocious rate, with the bas hen desire o! keeping from telling all that she knew abont the matter. The cross-examination was commenced about noon, but no new facts were developed up to one o'clock, when the Court took an hour's recess, The afternoon session met at fifteen minutes past two, There was a crowded audience in the court. room, while the sidewalk infront of the jail was Milled with spectators waiting to see the young risoner as she was brought from the jail to tho Court House. She was neatly dressed, looked quite retty, and stood the ordeal of running the gaunt et of staring eyes with calmness and composure. During theafternoon she sat close by Mr. Tuttle, her counsel, and appeared a trifle more thoughtful than usual. ‘The remainder of the testimony (cross and redir of Mrs. Riley failed to adduce any further facts, She contradicted herself so continu- ays that her evidence amounts to but little any- how. William Alfred Riley, thirteen years of age, tho’ young negro son of Gilbert and Jane Riley, gave some very important evidence—the most pointed of any xe adduced, He swore that he slept with Libbie In the Burroughs house for two or threo weeks, every night that her lover, Van Winkle Bo- gert, Wasnot there, Libbie said she was afrald to sleep alone in the house, for Burroughs had gone to his sister’s on Stoney road. On the fourth morn- ing after he had slept there Libble stepped out of the room into Burroughs’ room; witness followed in and saw Burroughs lying there. The position in which he lay was precisely the same as that in which he was found dead; witness saw the body as found by Constable Monks and it lay exactly the same; witness s#ii “Why, there’s Burroughs asleep ;”? to which Libbie replied, “Yes, hear him snore; but witness did not hear anything; Libbie finished combing h ir by the looking glass and then picked up a piece of bread from the table and. began to eat; she asked witness if he wanted some, and he replied that he did not; then he and Libbie came out and Libbie put the key of the room on the stairs (just where it was found by tne Coroner). Here the County Prosecutor detected the witness’ mother jn the audience directing telegraphed glances to the intelligent and fearless lttle fellow gn yhe stand, whereupon she was ordered removed rom the room forthwith. The second night after witness saw Burrourhs lying in the chair, Libbie came over again for the boy to sleep with her, saying that Burroughs had again gone away and she was alone in the honse, 50 he went over with her again as before. They never went into that room again; the next the wit- ness was in there was the morning the dead body was found, and then it was just the same ad witness had seen Burroughs lying when he was in with Libbie, This witness’ testimony is con- sidered most damaging. He was still on tho stand when, at five o'clock, the Court adjourned until half-past nine o'clock this morning. AQUATIC NOTES. lahat lds The Undine Boat Club, of Rockford, T., have elected the following oMicers for the ensuing sea son:—President, H. N. Starr; retary, W. T. Robertson; Treasurer, C. T. Page; Directors, C. As Sanborn, W. T. Robertson. The Ripple and Enid Boat Clubs, of Melrose, Mass. dispande d a snort time since and the several meme bers of each at once consolidated, forming a new organization—the Crystal Lake Boat Clab—which bids fair to rank high among the amateur clubs of the country. Their boat house, on Crystal Lake, 1# being enlarged and greatly improved, a work much required, as the club has several new boats im course of construction by noted builders, ) A double-scull race caine off at San Francisco few days ago between two boats belonging respec. tively to the Pacific and California Boat Clubs, Tho race was called at half-past seven P. M., and was rowed by moonlight. The Pacific boat was rowed by N. and M. White, the California boat being pro- pelled uy, Moore and Dewitt, The California boat obtained the lead, but turning an outside boat by mistake lost them the race. The recently organized Sa pptie Boat Club, of thid city, have clected the following officers for the en« suing year:—President, W. 8. Devoe; Vico Presi dent, E. B, Pinckney; Secretary and Treasurer, J. W. Artiur. The new house of the club, foot of 133d street, was completed last week, it being fifty-six feet long and eighteen feet wide, with accommoda- tions for about twenty-five boats. The future of the Sappho looks very encouraging, . The annual meeting of the Oneida Boat Club was held on the 8th inst., when the following officers were elected for the ensuing year :—President,+ Dudley 8. Gregory, Il.; Vice President, George A. Wheel Secretary, F. ©. enh, Treasurer, V. D. Schan Captain, W. 'T. (Billy) ‘alsh; Lieutenant, J.P, Hardenbergh. ‘They intend to have a formal opening day in June, Foreign. J, Anderson, of Hammersmith, and P. Kelley, of Manchester, have signed articles to row a right< away scullers’ race from Putney to Mortlake, on Saturday, May 4, for a stake of £25, Kelley recetving £5 for expenses. The editor of Bell’s Lise is ap- pointed stakeholder, with power to nominate a ref- eree, who shall have absolute jurisdiction over the whole race from start to finis \ ‘The third deposit of £25, on account of the scul< lers’ race between Addy and Bagnall, was staked om April 19. Both the competitors are, we hear, e training for their en; ment. Addy if work in company with Peter Kelley, under the care of H. Lang, at his own house, the Boat House Inu, Salford, and will take up his bc ters at the Bells, Putney, a fortnight before the ace, A ‘A meeting of the Renforth Memorial Committee was held on the 10th inst., at Mr. William Blakey ‘8, the Adelaide Hotel, Newgate street, Newcastle, tor discuss the best course to pursue relative to the surplus of £370, which the committee have in hand. Mr. Thomas J. Pickett, the chairman of the commit- tee, presided. After a long discussion the following: resolution was unanimously passed “That of the £370 which the committee have at their disposal £200 be sunk at interest in the names of four trus- tees for the benefit of the orphan of the late cham- ion, and that the remaining £170 be helt r the benefit of Mra, Renforth by the gaid trustees, That the said trustees havo an interview with Mrs, Renforth, and if they find upon investigation that she is in -want of money a sum not exceeding £20 be given toher from the £170,and that she be re+ ested to look out for some suitable business, When she discovers @ suitable business for sale must report to the trustees, who will ixe Into the matter and ascertain whether {t worth tho amount asked, If itis worth the sum asked by the ler the trustees shall be empowered to give Mrs. Renforth the remainder of the sam to which she is entitled in order to purchase such business.’? Messrs. Thomas J. Pickett, Joseph J. Bagnall, John Eliott and William Blakey were then appointed trustees, and it was also resolved that they be en- powered to keep the £200 at interest with the Tyne commission until the child is seventeen years of age, when, if they think fit, they may gt the princi- pal to her, but that in the meantime the Interest ba pald over t Mrs, Renforth for the support of the )