The New York Herald Newspaper, December 25, 1872, Page 5

THE STEAMSHIP GERMANY. “Details of the Wreck Disaster and Destination of the Voyage of the Vessel—Sad Scene at the Mouth of the Gironde—Report to the Owners in Canada. TELEGRAMS TO THE NEW YORK HERALD Lonvon, Dec, 24, 1872, © The vessel wrecked at the mouth of the river (Gtronde, on Saturday, reported in a Paris despatch yesterday as the Liverpool packet Germania, was Deyond question the Allan line steamship Ger- Many, which sailed from Liverpool on the 17th in- staat for Havana and New Orleans, with leave to ail at Corunna and Santander. No particulars have yet come to hand in addi- ‘tlon to those received yesterday reporting that ithe vessel went ashore Saturday evening during a -storm, on a sand bank at the mouth of the Gironde, ana the passengers and crew had to take to the rigging, from which thirty persons were washed away and drowned, ‘The remainder were rescued Sunday morning by »# French steamship. Report to the Owners in Canada—Pas- sengers and Crew Saved. Montreal, Dec, 24, 1872, ‘The Measrs. Allan have received a cable despatch, Gated ‘yesterday, announcing the loss of their ssteamsbip Germany on the coast of France. Their + despatch states that the pussengers and crew were -Baved; andin reply toan inquiry respecting the identity of the wrecked vessel and the correctness + Of the first reports of her loss, the firm has just re- /Pliea as follows :—‘'Yes, it is our steamer Germany, « gnfortunately.”” ‘ ENGLAND. ! Robert Bowles. Bailed—Cloze Holidays at Christ- mas—Minister Schenck At His Post of Duty. TELEGRAM TO THE KEW YORK HERALD. Lonpon, Dec, 24, 1872, * Hon. R. &. Schenck, the United States Minister to *Engtand, has returned from his visit to Italy, and -assumed the duties of his ofice, BOWLES, THE BANKER, BAILED, “The examination of Mr. Robert Bowles, of the :firm of Bowles Brothers, has again been postponed vone week. The prisoner has found bail for that ‘time, and has been released. CHRISTMAS HOLIDAYS IN CLOSE OBSERVANCE. - Thursday, aa well as Wednesday, of this week will ‘be observed as a close holiday. RANCE, “The Postal Treaty with the United States Still Unsigned. TELEGRAM TO THE NEW YORK HERALO. Paris, Dec. 24, 1872. The Temps says the Postal Treaty between France vand the United States has not yet.been signed. The ‘final act will be deferred until the reopening of the Assembly. SPAIN, —_-—__. Wabinet Management of the Porto Rico Slave Manumission Bill—Royalist Triumphs Over the Revolutionists, TELEGRAM TO THE NEW YORK HERALD. Maprid, Dec. 24, 1872, During the session of the Vortes yesterday Sefor Martos, Minister of Foreign Affairs, announced that ‘the government had taken measures to prevent persons purchasing slaves in Porto Rico and con wmeying them to Cuba. Sefior Diaz asked if the owners of slaves in Porto ‘Rico were to be indemnified for the property they would loge by the passage of the bill providing for ‘the emancipation of the slaves on that island? Sefior Martos requested Seflor Diaz to postpone Ais question until debate on the bill was opened in ithe Cortes. ROYALIST VICTORIES-OVER ARMED REVOLUTIONISTS, Despatches received by the government from the mrovinces give accounts of the dispersing of various -Carlist bands by the troops. ‘The republican band in Murcia, under Galvez, has ‘deen surprised and broken up. WASHINGTON. WasuincTon, Dec. 24, 1972. -fhe Massachusetts Senatorship—Pros- pects of Another Triangular Contest. A.good deal.of political work has been done here ‘to affect the coming contest in Massachusetts for Wiison’s seat, after he vacates it to preside over “the Senate. At firstit appeared that Dawes had sgecured the inside track by sending one of the best lobbyists at the capital, whose name it is Tinker, -to visit the small towns of the Bay State and ob- ‘tain pledges of votes from the rural legislators -elect. Then Butler came into the ring and :adpoitly secured an exposition of the Crédit Mobi- iier scandal, from which Boutwell emerged with. -outeven the smell of smoke on his garments, while Dawes not only accepted the stock at a Mominal value but pocketed an enormous divi- -dend on it before he was frightened into selling it by prospective lawsuits. This has made the chances of Boutwell and Dawes even; but to-day it appears that Dr. Loring has put his. finger into this Senato- rial pie, and ts stirring up the quarrel between the Secretary and the Representative with the hope that he may slip In as @ compromise candidate. No coener was this known in Boston than one of the Doctor's haters hurried on here, and he has ob- tained proof that the Doctor—who was a hunker ‘democrat then—was present asa guest at acom- :plimentary dinner given to Preston S. Brooks after his assault on Sumner. The Doctor has heretofore -evaded this by saying that he simply sat down ata public hotel table, but proof has been obtained that the.ainner was given in a side room. Life and Activity on Christmas Eve. This has been a dies non at the Departments and fat the Capitol, and those who went to the White ‘House this morning with their little collection of autographs, asking places, found to their disappoint- + Maent that the President had not returned, But on Pennsylvania avenue and other business thorough- fares all has been bustle, life and activity. Never ‘before have 80 many goods been sold here on the day before Christmas, and the hearts of the little people willbe merry to-morrow. There have also been bountiful libations at the shrines of Bacchus, and-to-night the colored people are firing guns and pistols in honor of the Nativity. Another Murder in the Capital, The Coroner's jury summoned to-day to hold an tnquest over the body of a wulte man found dead last night in Soutu Washington, returned @ ver- dict, “That one Samuel Rogerskie came to his death on or about the 23d day of December, A. D. 1872, between the hours of eleven A. M. and nine P. M., in the city of Washington, in the District of Columbia, by violent blows inflicted with an instru- «ment or instruments, delivered on the head and face by some person or persons unknown to the jury.” The face of the murdered man was literally hacked to pieces, the wounds evidently having ‘been inflicted with a pointed instrument. Roger- skie was a Pole and has been in this country about six months, employed in peddling fancy goods. He had on his person yesterday over two hundred dollars, and the detectives think he was assassin- ‘ated in one of the low groggeries in that part of the city, and robbed of hig pack and money, Three executions within the past six weeks have ‘Not lessened the killing mania, Within two aays there have been two brutal murders, the other being that of Welch, employed at the gas works, who was struck by a fellow workman with & shovel, fracturing his skull and causing almost in- stant ui . The murderers have in both instauces, thus Jar, eluded the detectives, The New Army Uniform. General Sherman and statf will wear the newly adopted army uniform for the tirst time on mak- | 5; Oswego, ing the official cali upon the President, New Year's Day, WEATHER REPORT. wan, DEPARTMENT, OFPice OF THE CHIEF SIGNAL OFFICER, Wasuineron, D. C., Dec, 25—1 A. M. Synopsis for the Past Twenty-four Hours. The barometer has riseu over the New England and Middle States, with falling temperature, winds veering to northerly and partly cloudy weather, and with light snow over Northern New York; it has fallen over the Northwest, with rising temperature and easterly to southerly winds. Easterly winds and cloudy and threatening weather are prevailing over the South Atlantic States; northerly winds and cloudy weather from Tennessee to the Gulf, with rain along the coast and occasional snow over the interior. Probabilities, For the South Atlantic States northeasterly to southeasterly winds, cloudy weather and generally rain ; for the Gulf States northerly winds and cloudy weather, with rain, from Southern Louisiana to Florida and Georgia; for the Middle States easterly to southerly winds, higher tempera- ture and partly cloudy weather; for New England winds gradually skifting to easterly and southerly and partly cloudy Weather; from Tennessee to Ohio and Lower Michigan southerly winds, rising temperature and increasing cloudiness; from Missouri to Michigan and northwestward diminishing pressure, rising temperature, increasing southerly winds and cloudiness and very probably threatening weather, with snow. Midnight telegraphic reports from New England, Canada and Nebraska to Lake Su- perior and westward are missing. The Signal OMce yesterday, at 4:35 P, M., reports the following thermometer readings :— Below Zero—Breckenbrit Minn., 17 deroea; Burlington, Vt., 11; Davenport, Iowa, 4; Duluth, 11; Grand Haven, 4; Keokuk, 6;'Kingston, Canada, 6; Leavenworth, Kan., 2; Montreal, 10; Omaha, 1; Port Stanley, 3; Quebec, 4; St. Louls, 2; St, Paul, 11; Toronto, 2; La Crosse, 8. While the ‘ther: mometer at Cairo and Nashvilie indicated zero at eleven P.M. the readings were also below zero from the following stations:—Keokuk, 9 degrees; Davenport, 3; St. Louis, 3; Leavenworth, Kansas, 3 Rochester, 1; Cleveland, 2. Tne Weather in this City Yesterday. The following record will show the changes in the temperature for the past twenty-four houra in comparison with the corresponding aay, of last Re: as indicated by the thermometer at Hudnut’s harmacy, HERALD Building :— 1871, 1872, 1872, lL 8:30°P, M. u 9 6P.M. 10 10 OPM, Re . ll 12P, 9 average temperature yesterday.. 10% Average temperature for corresponding date last year... A Woman Frozen to Death in Paw- tucket. PROVIDENOE, Deco, 24, 1872, Mrs. Mary Kearney, scantily clothed and baro- footed, was found last night in Pawtucket frozen to death. An inquest has been ordered, Intensely Cold Weather in Maine. Batu, Dec. 24, 1872, The weather for the past few days has been bit- terly cold even for this region. It 1s now, at eight o'clock P, M., six degrees below zero. At Richmond, at nine o'clock A. M., it was nine degrees below, There is, probably, more snow on the ground in this vicinity at this date th: for the past twenty- five years at least, Complete Railroad Blockade in Indiana. Cincinnati, Ohio, Dec. 24, 1872, A special despatch from Wabash, Ind., says that upwards of sixty locomotives were frozen up and out of water between Huntington and Pern, Ind., on the Toledo, Wabash and Western Railroad, for nearly forty-eight hours. Catile, hogs and sheep were frozen to death. No fatal cases of freezin; among the employés have been bel atest thug! many of them had their limbs badly frozen. “The thermometer here at seven o’clock this morning was at zero, Twenty Degrees Eelow Zero in Chicago. Ci1caGo, IIL, Dec. 24, 1872, The thermometer at the United States Signal OMice at six o'clock this morning indicated twenty degrees below zero, . The Coldest Season for Years in Mil- waukee. MILWAUKER, Wis., Dec. 24, 1872. The oldest inhabitants.declare the weather here to-day the coldest they have ever known. In the morning the thermometer went down to thirty de- grees below zero, but moderated this aiternoon to wero. Eighteen Degrees Below Zero in Kansas, Fort Scort, Kansas, Dec. 24, 1872, Last night was the coldest night known in this section, the mercury standing eighteen degrees below zero up to seven o'clock this morning. Cold Weather in Arka: Litrix Rock, Ark., Dec. 24, 1872, To-day has been the coldest day in nine years. The river ts frozen over. Unprecedently Cold in Tennessee. Mewmpuis, Tenn., Dec, 24, 1872. The weather is the coldest known in this latitude since 1840, and the Mississippi River for miles above and below the city is full of ice from shore to shore. At four o'clock the mercury was at zero, an indication almost unprecedented hereabouts, Steamers are unable to move up or down, and the railroads. are so blockaded with Southern freight as to be unable to receive cotton for the Nortn, while the Mississipps and Tennessee Railroad, running South, is broken at Grenada, ninety miles below, which cuts off the freight tratlic with New Orleans, . The two leading theatres had not more than 100 Parepes pragant to-night, and the pertoemers were et le to go through with their parts from ie cold. Halt the street cars dre laid up, the drivers re- fusing to work. Eight Degrees Below Zero in Missouri, Sr. Louts, Dec, 24, 1872, Last night and this torencon were the Coldest of the season, the mercury falling to eight degrees |. below zero by the Signal Service thermometer, and from twelve to sixteen degrees below by the ordi- nary instruments, according to location. Yo-night the temperature was milder; being several degrees above zero. The river above the bridge pliers is frozen strong enough for the passage of teams, THE FIRST I0E BOAT OF THE SEASON. PovoukeEErsié, N. Y., Dec. 24, 1872, The first ice boat of the season, the Wild Goose, Captain Howard, was launched to-day. The ice here is four inches thick and it is freezing hard. HIGH WATER IN THE OHIO. Wasninaton, D. C., Dec. 24, 1872, ‘The following telegram was received at the ofice of the Chief Signal Officer this afternoon from Cairo, 1 “The Celi ape da broke at half-past eight o'clock P, M. on the 23d, and the Ohio Kiver is rapidly rising.” ARKANSAS OONTESTED ELECTIONS. The Louisiana Counterpart Political ImbrogliomAn Injunction Asked For to Restrain the Republicans Elect from Taking Office, Lirtig Rook, Dec. v4, 1872, Mr. William M. Harrison, capdidate on the reform. State ticket for the position of Associate Justice of tae Supreme Court at the recent election, to-day filed a complaint before H. ©, Caldwell, United States District Judge for the Eastern district of Arkansas, praying for an injunction to prevent M. L, Stevenson and E, J. Earl, the republican candl- dates, whose election has been announced by the State Department, from exercising the duties of the office, and also asking for @ restraining order to prevent Acting Governor Hadley and Secretary of State Johnson from altering or changing the origing! returns, and asking for @ mandamus to compel them to produce in Court the original re- turns, statements, &c,, in reference to the election, The’ bill charges the Governor, the Secretary of State, the registrars, county clerks and io of election with confederating together and fraudu- lently depriving thousands. of citizens of the right to vote, of changing and altering the returns and preventing the returns from being made from four counties, by which the complainant avers he was deprived of the benefit of 10,000 votes. ‘The counsel moved for a temporary injunction until the motion could be heard and argued, on the ground that the defendants would detace the records after being apprised of these proceedings, unless retained from doing so, Judge Caldwell refused a temporary injunction, but directed that the parties be served with a no- tice and a copy of the complaint, and he said that he would hear the matter on Monday next. L088 OF THE SCHOONER SOOTTISH OHXEF. ‘ MILWAUKEE, Wis., Dec, 24, 1872. The schooner Scottish Chief water-logged and capsized off Manitowog fo-day. Tae crew saved themselves in small boats, but Were ooar perish- ~ with cold, NEW YORK HERALD, WEDNESDAY, DECEMBER 25, 1872—WITH SUPPLEMENT, RAILROAD HOLOCAUST. Frightfal Catastrophe on the Buf- falo and Pittsburg Road, A Passenger Train Falling Over a Bridge Forty Feet High. BURNING OF THE CARS. Thirty-Five Passengers Supposed To Be Killed. Fifteen Male and Four Female Bodies Recovered. Efforts to Secure tre Remains of Others from the Wreck. WestFigwp, N. Y., Deo, 24, 1872, A frightful accident occurred on the Cross Cut Railroad, at Prospect station, between Brockton and Maysville, at three o'clock this afternoon. The express train going north, leavifig Corry at one P. M., consisted of the locoinotive, & baggage and two passenger cars, Aathe train was crossing Goose Creek the engine left the rails and the cars went through the trestle pridge, a distance of forty feet below. The cars were completcly overturned and had no sooner reached the ground than they began to burn, HAR It ts supposed there were about sixty passongers on fhe trait." ‘None’ escaped unhurt, Twenty- seven were rescued alive, among whom were sev- eral women and children, THE FIRST BODIES BECOVERED. ‘Thirteen dead bodies have been taken from the burning débris. Four of the latter are women, Two of the dead victims have beem identified. It is. supposed that thirty-five persons have been killed. ‘At present every assistance thateam be rendered om such an occasion is being given, but owing to the fire and the fearful wreck of the cars the work of recovering the bodies proceeds but stowly. Conductor Flanders is. supposed to be fatally in- Jured. PROBABLE CAUSE OF THE DISASTER. The cause of the accident isnot positively known. The train ran slowly down the heavy grade, and the general opinion: at: present {a that the break wheel of the baggage car gave way,. with tlio borri- ble result above named. Four of the men: killed’ wore:—Con: Maloney, road muster;. Frank Taylor;. baggageman; Mark Haight, of Brockton, and’ E.. Bell, of Sherman, N.Y. i 4 Carl Bacon, mail agept,.is:\dangerously: injured, ADDITIONAL DETAILS. Nineteen Dead Bodies Recovered from: the Debris. Corry, Pa., Dec. 24—Midnight, This afternoon, at. fifteen minutes past’ three Gfolock, as the mail train on the Buffalo, Corryand Pittsburg railroad, leaving Corry at twenty minutes past one o’clock P. M., neared Prospect, and when within about eighty rods of the station, the trai was thrown of the track at a trestle work, the passenger and baggage cars and tender falling a distance of twenty-six feet, while'the engine passed. over unnurt. To the present.time the dead bodies of nineteen persons have been: recovered, somo of which are fearfully burned. p Thirty-five persons are known: to have been wounded, some of them seriously. Among the dead are-Frank:Taylor, baggage man, of Corry; E, Bacon, of Brocton, mail. agent; Com. Maloney, of Brocton, track master; Mr. Belt,. of Sherman; Mr. Haite, of Brocton, The others.are: at present unrecognizable, owing to the charred. and blackened state of the corpses, Among the injured are Fay Flanders, of Corry,. conductor; W. H. Ticknor, of Titusville, seriously; J. Cowdry, employé of the Philadelphia. and: Erie Railroad at Corry. Orville Swift, of the firm: of Hollister, Swift & Co., insurance agenta, of Corry, ‘The accident was.caused by a-broken.rail.. Flanders.will probably lose the toes.of one faot and the other foot entire from: burns, He is also slightly wounded.iuternally,. but. will. probably: re- covor. f : A reporter is.now,going out on.a, wrecking train. Another Account. Erik, Pa., Dec. 24—Midnight. Itis rumored that eighteen persons were killed by the accident on the Cross-Cut Railroad. A reporter is. momentarily expected from the scene with full particulars. Another Railroad Catastrophe. PHILADELPHIA, Pa., Dec. 24, 1872, ‘The passengers on the through train from Wash- ington, due here at ten minutes after seven o'clock P. M., report an accident near Stanton station, on the other side of Baltimore. Several persons were injured, one or two fatally. ‘The train ran into a carriage, which was.crossing the track. The train arrived here an hour late, SUSAN B. ANTHONY.’ The Female Political Leader im Court at Rochester—Acting as Coun: fer the Inspectors who Took Her Vo' RochgstsEr, N. Y., Dec, 2 1872, The examination of Beverly W. Jones, Edwin T, Marsh and William B. Hall, the inspectors of election who permitted Susan B. Anthony to vote at the late election, before United States Commis- sioner A. P. Ely on a charge of permitting women to vote, was concluded to-day. John E. Pound, Deputy United States District Attorney, made an argument in behalf of the prosecution, and Miss Susan B, Anthony appeared as counsel for the in- Spectors and made an argument in their behalf. ‘rhe decision of the Commissioner is not yet an- nounced, | The argument in the case of Susan B, Anthony concluded on Tuesday, before Commiastoner Storrs, Judge H. R, Selden and John Van Vuorhis appear- ing as counsel for her, and United States District, Deputy Pound for the government. The decisiox was postponed until Thursday next. FIREPROOF BUILDINGS IN PHILADELPHIA. PuILaveELraia, Dec, 24, 1872, The Law Committee of the Councils have agreed to present an ordinance to the Councils making it unlawful in the city limits to build cornices of com- bustible material, and all cornices or other con- structions for connecting roofs and walls or enclos- ing point connections are to be made of brick or other incombustible material Roofs are to he constructed of slate, metal or other incombustibie material Mansards on buildings over thirty-five feet high are to be made in all parts of incombus- tible material. THE OLL SUPPLY, PrrrsnunG, Dec. 24, 1872, At a meeting of the oil producers and refiners, held at Oil City to-day, the producers agreed to pump only twelve hours per day, and not to open any additional wells for the gngulng ninety days, | venture to act u THE IRISH-ANDERSON TRIAL Charge*of Judge Pratt to the Jury—What Is Moant by # Reasonable Doubt—Was « Crime Committed When Edward 0, Ander- son Died!—Retirement of the Jury. o_ At the opening of the Court of Oyer and Termt- ner, Brooklyn; at ten o’clock yesterday morning, a great crowd was present to Reten to the address of District Attorney Winchester Britton to the jury on behalf of the people. A large number of ladica Were tn the audience. Mr, Britton’s address was philosop*icstly elabor- ate and dignified. He spoke for nearly three hours and at the conclusion of his remarks the Court took @ recess, After recess Judge Pratt proceeded to chargé the jury, Judge Pratt said:— THE CHARGE To THE JURY. GENTLEMEN OF THE JURY—This important Orial is now drawing toa close. 1t is important to she acoused because his life has been put {n issue upen this trial; it is important to the community be- Oause the good order of society depenas upon #& r administration of the law and that justice and punishment shall be meted out when it is roven that crimes have been committed. For rteen days you have listened to this evidence With great care and attention, and you have been aided in its explanation by counsel upon both sides, whose skill, learntug and experience are not surpassed, It now only remains for the Court to briefy state to you the rules of law applicable to this case, I need not remind you as intelligent men that the responsibility of a Just determination or decision of this case Fests upon you and you alone, and the law requires that you appr h the consideration of it without any prejudice sympathy for the acc or recognizes Proof, a8 has been stated to you. is, Orat, direct evidence, where a witness goes upon the stand and testittes to what he knows Of his own knowledge. In that case the jury-have only to see the witness, hear his mony and compare his evidence with other facta im the case and determine in their own minds w' or not his story is credible. ‘Then the law recognizes another kind of evidence, which is termed circum Btantlal evidence, which recognizes and allows roof of iacts other than a tact eharged or which in issue, but which bears such @ relation to that fact upem the principle of cause and effect as to lead the mind to the conelusion that the fact-charged is true. This kind of evidence is based) upon experience and the laws of matter amd motion and tho habits.aud consti tution of man, and upon which mankind rely for the transaction ef their most important concerns, It has this disadvantage, that the jury have a double duty to perions, in considering it, “The jury have not only determine in the first place what. facts are proven, but it is their duty to draw the right inference trom the tacts that they find to be proven, Now,.aiter the jury have determined What circumstauces are proven and what. infer- ences they will draw from all the circumstances, the law has laid down: this :rule:—in order to-con- vict ina criminal case that all the circumstances duust be taken together, giving as-much weight to’ the circumstances found proven on the part of the defence as those found proven on the other side. The rule is that all the circumstances taken together must such as to exclude any reasonable hypothesis: except that of the guilt of the accused.. The disadvantage, as I said before, results from not drawing the right in- ferences from the tacts when they find thom roven. Now, the first great question-in this case : Did Kdward O, Anderson die from the effects of pelscn administered to him by any otier hand than is own? In other words, was a crime committed: when Kdward 0. Anderson died? I-don’t propose to call your attention to what the evidence is upon any of these issues; 1 merely state what the issue is. You are ta find what the evidence is and what conclusions sha be drawn from that evidence. If Ou are satisfied that Eiward 0. Anderson did die y his own hand, that is the end of the case. That is the issue. It 1s claimed on the part of the defence that they have raised a reason- able doubt that any crime was» committed; in other words, that the evidence which they have submitied and the arguments.thereon are sufficient to raise a resonable doubt in your minds as to whether a crime was committed when Edward 0. Anderson died. Now you must take the evidence in this case as the proof ofthe first isane and pass upon it, because if no crime was committed that is the end of this prosecution. ‘Take all that the various witnesses said in relation to it, apply all the evidence that applies to that issue and determine whether or not you are satis- fled that a crime was committed, If you find that a crime was committed when Edward 0. Anderson died, then the next material question to be deter- mined here is whether it was done by Dr. Irish, either alone or jointly with Mrs, Anderson, There are two counts in this indictment charging the fact to be, first, that Dr. Irish adminis- tered poison to Edward 0. Anderson alone, and second, that he administered it jointly with Mrs, Anderson. If you find that he was present aiding and abetting Mrs. Anderson in the adminis- tration of poison trom which Anderson died, then he is guilty as a principal, and a verdict guilty under this indictment must be your verdict, but you must find that he was present aiding and abetting in the act which resulted in the death of Anderson, Otherwise he must be acquitted, The law requires that the proof shali be such as to gatisfy the mind of an unprejudiced man beyond .a reasonable doubt, Now it may be a little dificult to define what is meant by reasonable doubt. It does not mean a speculative theory, having no warrant in reason or foundation in iact. The de- | of proof is generally defined to be this, that must be such as to satisfy the mind of a common man and so convince his judgment that he would in itina matter of phe Be ee 8 T said lw consequence and importance to himsel*’ | before, it does not mean 4 speculative theory, but @ degree of proof which is suilicient to satisfy a common man, Judge Pratt referred to the K ead of motive, ‘and said that one of the detinitions was laid down to be a desire to preserve character, either general character or professional or social character. If the jury found the facts proven it was no matter whether a motive was proven or. not. Improper intimacy had been claimed as a..motive, but the ju must determine whether such intimacy been proven, In reference to the matter of an attempt to suppress..a witness, the LIBEL IN PHILADELPHIA. Forney'd City Editor Atrested and Con? ‘cted on @ Charge of Libel Against David Lane— Novel Method of Treating the Subject-> Tho “Prom” Escapes—Strong Points @abmitted by the Defence. Paitapgvrnra, Dec. 24, 1872, There is @ general excitement ts political and newspaper circles here to-night over the convic- tion of Mr. Cathcart Taylor, city editor of the Press, for libel, the suit having been brought by one David H. Lane, a politician of some local promi- nence, for an article published in the Press of No- vember 25 last. When Mr. Lane read the article he approached: Mr. Taylor, who, it fs alleged, informed him (Lane) that the article was not intended as a reflection on him, aud the Press the next day came out with THE FOLLOWING CORRECTION. Tn the article in Press of yesterda: the subject of "Marra's Contoesion” {twas sated the the proprietors ofa coriain distillery were contributors tea tund for the Purpose o Inuenctig certain revenue officials, It was alto stated that among inferested Hf the said dis- lillery was David Lane. It has sinee been learned that this 8 an error; that Duvid H. Laan, whos character ‘would be likely to be affected, was nota party he interest in said distillery or any otter, Atter learning this tact it isto be regretted exceedingly that Mr. Lane. Ims been dong, the injustice of printing his name in am article Which disclosed to’ the public the nefarious practiogs of 2°young man Who hee always kad roputatiod tov hae tegrity, and this corrvetion rif uf hii. ini ‘This, however, dit not’ sattefy Lane's wounded honor, end, probably urged by the rimg of locat’ Politicians that were so strenuousty fought by the Press in tie last campaiga, he conctuded to'bring a GRIMINAL ACPION OF LIBEL, not against Mr, Forney, the proprietor, but agatiist Mr. Taylor, the city editor: The trial began yes- terday morning, in the Court-of Quarter Seasions,: before Judge Paxson. Although Mr. Lane was'the victim of the alleged libel, the'suit was not'brougtt* im bis name, but at his complaint, which was’ fo the effect that the Mbel- was em in jery to the people, in that Mr. Lane was* ‘a this instance but a figurehead—in fine, the me- dium theough which the liberties of the people were sought to be trampled on and assailed. As'the laws of naylvania are translated and under- stood, it is claimed, the greater the truth’ the greater tlie libel; so it was Spparentirom the be- @inning: that Taylor's ehances of aequittal were‘ ea slim, The Commonwealth was represented by District Attorney Mann and Major Pratt, and Mr. T aly by’ Mn. Benjamin Brewster, J, Howard Gen- del and-Goorge 8. Crawford. TRE COURT WAB CROWDED, @ great pumber of newspaper men being present, several of whom were called as witnesses to give their opinions as experts as to who was intended by thealleged libel. Mr. Warburton, of the Tele- graph;.and Mr..Geeen, of the Transcript, gave it as their opinion that Mr. David MH, Lane was the mah iutended inthe alleged libellous article pubtished in the Press, " Mr. Taylor, in‘bis: testimony, made a statement z to'the source of his information about the dis- liery and the pointe about the Marra case. He had had an interview with one Mountjoy, an ex-convict, who was recently discharged from prison; Mountjoy was atone time whiskey operator of note, but Was detected in some fraudulent acts and con- signed tothe Penitentiary. Mr, Taylor, thinking to get some information from Mountjoy, called on him, accompanied by a shorthand writer, vo. take notes of the conversation. The following is the Stafoment of Mr, Taylor wish reference to the con- versation -— MOUNTIOY’S SVATEMENT. The great bulk of the conversation was directed to- wards Mr, Theodore Walion, then a candidate for Ke corder eds. Mountjoy stated $75,000 had been col lected by. Mr, Walton t be used for corrupting revenue ofticeras that it was represented by, him to the dis: titers from whom he had collected it that the fund was to. be used for that purpose. The name of Delis P, Southworth was mentioned ; he said Mr. Wal- ton had represented that: part of the ‘money was to be iven to Mr. Southworth, but in justice to him he didn’t lieve Mr, Bouthworth gota cent of It; he said he be lieved thai Mr. Walton pocketed the greater part of it; he said that Theodore Walton was at that time @ partner Ina distillery in Germantown ; he was not certain about the place; le thought on Church lane ; anyhow it was the distillery but by Bruner, and Dave Hayerty, David Lane and Moltod Interested; he was a distiller ab that te, and says, along with Moot of the others, contributed to thix fund; $300 was the sim per ‘week, and it passed through Mr, Walton’s hands, because dinate rotations with Mr, Southworth aiid conn den “were he was other oft nection with the Tice meter; th as . Willard, who procured @ letter lo be written to the head of the department, asking for a letter to the five districts for the introduction of this meters, it cos! $2,700; Arte taking his cue trom. Walton, ‘procured the letter; he said Mr, Watton raceived the blackmail ot $400 a Week, ostensibly 1o corrupt revenue officials, bu he believed the most of the mone, Mr. Wallon's own pocket, otherwise how coul and ilve as be had been lard ‘THK WHOLE CONVERSATION. was Mr. Mountjoy's; I asked him.oue or two questions ; I asked him it he believed Walton had put the whole 5,000 in his own poeket, anduhe replied,.“How else Could he live as he did;” atthe conversation te said that Lester and Marra had’ been friends in boyhood, and one ‘was a gentleman and the other an acknowledged rouyh; he said Mr, McMullin had the money and had paid all the money that was paid ($6, he believed) for the sesassina- tion of Detective Brooks; the conversation was,.{n conse- quence of arrangements’ made, in the pre-once of others, and [told him that I came for. his. statement; he then told me about Marra, McMullin and Smith, and then went on with the statement in regard to the disellery if had never heard of Lane till Mouatoy mentions name incidentally as stated, Mr. Taylor was the principal witness yesterday. Having listened to his evidence the: Court ad- journed until this morning. On convening the Court this merning the defence submitted the following points :-- POINTS OF DEFENCE SUBMITTED, First, it must’be malice in the legal sense, which is a consclous violation, of the law tothe prejiudice of an- other: second, when the occasion justifies the: publica- tion the law will nat imply malice; third, the intention to injure must be praved; fourth, 1 language 1s general in application to a particular person.it must.be generally recved; fifth. the jury must consider the intent of Publication, the object, and if honestly moant the verdict mnust be for defendant; sixth, the subject of thisarticle was proper for public information and. thereiove privileged ; seVenth, if the defendant, as a newspapor editor, hon estly believed in the trath of the facts published, its an Court said that the bimtge on eo would. be against. the party, accused; but the presumption was re- butt when he showed what the evidence exactly was, In regard to declarations, .the jury would have to con x how correctly they had been . re- boot) exactly what they were, &c.. Good haracter was to be considered with all the other’ facts in the case, Uf, from all the cironmstences of the case; the minds, of tie jury, were satisfied that the case for the prosecution was made out beyond a reasonable doubt and the accused was guilty, they must so declare. On. the other hand, Mf they were not satistied, then they must so, de- clare, and send tiis defendant forth a free man,. never again to be challenged upon this charge. The jury retired about half-past two o’cloc! FIRES THROUGHOUT THE COUNTRY. Fond-du-Lac, Wis., Visited by the. Fire Piend. Cn1caGgo,, Dec. 24, 1872, A fire at Fond-du-Lac, Wis., carly on Sunday morning, destroyed the stores of D. MeKays Fowler, grocer; H. P. Brown & J. F. Suasan, agri- cultural implement dealers;. 0. H. Trowbriage, Jeweller; O. E, Wilkins, photographer, and. several Offices, ‘The loss 18. $25,000;, insured for about half that amount, A Flare-Up in London, Canada. . Lonpvon, Dec,, 24, 1872, The lamp store of Z C. Leonards, on Richmond: } atrect, was destroyed by fire this. morning. ge 1oas 18 $10,900, Houses Reduced to Ashes s Fontania, Kans “t Fort Scort, Dec. 24, 1872. 7 Fourteen houses were destroyed by fire at Fem, tania, Kan., yesterday morning, The loss is ; stated, ‘There is no insurance. : act Wool Works Burned in Khode Inlang, PROVIDENCE, Dec. 24, 167%, A large woollen manufactory in Pawtucket, owned by Almy Brothers, was nearly destroyed by this afternoon, The two lower stories were unoeeu'pied, except for storage. The upper sLory was ecaupic by H. F, Bishop & Co,, manufacturers, whe, were insured for $9,400, which covers ene-lalt thg ir loss.. Fourteen A Disastrous Fire in Elmirs., E,Mina, N. Y., Dec. As, 1872, A disastrous fire occurred in this eity? early, this; morning.. Some. wooden buildings—twelve. in number—in the business portion of the city, on; the bank of the river, between Railroad averne and Maia, street, were burned completely to the ground. They were occupid as carpenter shops, Tarniture establishments, ornamenta) er manufactories and for a variety of othex-b seg Among these the Pennayivania Hovse—aq large hotel—was destroyed. In the secaad stores, ‘of places families resided, and their ‘4am. many of the mary bath out into the bitter ceid of the, night caused much distress. The losa will fall Cotes short of $50,000, with not over $10,000 insu’san the companies would not take risks Crs hee, except at a heavy percentage, A Pork Packing Establishy,ont in Iowa Burned, BURLiyaTon, Dec, 24, 1872, George Boeck’s pork packing establishment, in Hibernia, was burned at Mur o'clock this morning. ‘Tue 10938 Is $24,000; NSUT ance, $16,000— ingredient to be gensidered by the. jury inuetenmininy Het ee puhifention was'e libel: tad nwt exceeds the limikof fair and proper comment; slahth, actual malice is far the jury; ninth, to make this libellous. there must. be am averment in tho indictment that the said David Lane-was intended to be desoribed as ane of the contribiitors to that und raised at the Malta, and that _not baving dons-that the defendant mustbe acqui THR HISTORY OF LIBEL souTe.. Mr Premnet capes rom the alxepenth century to history of cases e sixteen y the Dresentday from historical tan He proved that libers.were originally instruments of oppres- sion. By. city si 3 Mr. Brewster traced the history of Ifbei down to the time that an aristoc- racy of wealth aud power used. libel: tooppress their enemies or those who stood,in their way, to the present time, when an aristocracy of politi- cjana,.who: come into power by #perversion of the public ‘will, would aestroy one: man because of refiectigns upon others who dared, net come into Court teprosecute. The comments indulged in b; Mr. Browster on Lane's career were not all gompli- mentagy. Mr. Brewster was followed. by the District At- torney, ‘who, having finished, sat down, and Judge Paxtom charged the jury. . Alter deliberating fifteen minutes a verdict of guilty, ‘was returned. Sentence was postponed, My,,‘Taylor has the sympathy of the respectable members ol the profession in this city, and will, at tweir-earnest suggestion, make application for a nangtrial, + AMUSEMENTS, A Standard Comedy at t! Union Square Th At last there was a change of bill at this theatre on Monday evening, and “London Assurance” suc- ceeded “Agnes.” As to the first and perhaps best effort of Mr. Boucicault nothing new can or need be said; it ranks deservedly in the very highest rank in. popular estimation, Its performance however, except under the happiest auspices, frequently brings ito painful prominence the weakness of even @ good modern company, And such was the one criticism suggested by its presentation the last two nights. Some one or two parts were admirably and apother two or three passably well played, put enough good characters had to be cast with incompetent material to mar unpleasan tly the general effect of the piece, Mr, Mark Smith’s Sir Harcourt [s, of course, pleasantly familiar to veteran playgoera, and he enacted it With the same ease aud finish, and it was instinct with the same unaffected humor that have de. lightea us in times past. But there was nota single other important part that we cannot re- member to have seen 80 very much better filled that “odious comparisons” were perforce pressed upon the mind, Misa Glover's Li Gay jpanker and Mr. Harting’ Dazzle and Mr. Mackay’s Max Harkaway were all creditable; but that is al. Meddle found alse a very good representative in Mr, b, and Dolly Spanker in the @runkon Bcene has been rarely better done than by. Mr. Burnett. Mr. ‘kes’ Charles Courtley and Miss Hayward’s Grace away, however, were very feebly and nervously drawn, and the brilliant epigrams with which these arts are thickly sown fell, with a few rare excep- Hons, ag flat ag ditchwater upon the audience, Actor and actress seemed alike incapable of bring- ing out the force and meaning of the words; indeed, to speak frankly, the; epraree to be simply reciting something which they only imper- fectly understood. ‘They, in short, substituted that simple stage method which consists in the wearing of irreproachable clothes and the exhibl- tion of a perfect familiarity with the nicer propric- ties of good society, and which succeeds 60 per- fectly in trashy, contemporancous dramas and poor pieces from the French, for the tntellectual animation which can alone make standard comed: } enjoyable or even tolerabig, Tt is but fair to ad - Nowever, that both showed capacity for better things in the future, ¥ Mrs. Conway's Brooklyn Theatre. : Mrs. Conway's Brooklyn Theatre lacked @ large audience on Monday evening. At this period, be- fore the Christmas hotidays, the good people of Brooklyn are wholly taken up with their prepara- tions for the celebration of the pleasant season, and no theatrical performance, however effective, eanentice them. The bill on Monday evening comprised George Colm: the “Jealous Wife,” and drama, in throe acts, called Spirit of Beauty," ‘The latter is said to ve adapted from thé French. It may be here dismissed wits the remark that ¢t is a wearisome com, of romance, diabolis ™ and more modern stupidity, ey made tolerable b,¥ the ornature of its scenery and the sprightly actin % Of Miss Fanny Reeves and Walter Lennox In the .winor parts. The com with which the pérformai ‘2 began was perfor! ina very pleasing way. Mrs. Conway, as “Mra, Oakley, the Jealous Wire,” «'td the part excellently. Frank Roche was the pa tient, uxorigus Mr. Oakley thorougily until shov¥ the method by Which he might chaage ghe cUrrent of his bur- dened life. ‘Then he thoroughly a Yapted himself to the necessary change of mamner. \Fhe last scon Where he portrayed a Joviay mat, assuming ookiness which he did- not feet toward iis wile, im order to cure’ her of hér annoying sin of ceuscless jealousy, wes & very fing lece pf acting, Mr. Kennedy playing Major Oak- ley, tite Old. bachelor who hadl'ga ‘the dature of woman and learned how to treat her foibles, in a very plensing: way. (m the Whole the pleasure given by the porformancy 0! the'comedy bry ite atoned for the. stupidity ot tre spectacular Musi¢eal and Theatrical Notes. . Brignolt was rovently singing at’ Nice, butXitab gone to Milan. Mile. Sessi has grown too\gtout for Ophelta,4im Ambroise Thomaw* “Hamlet. The company at tue’ Union Square Theatre ts ee show its strength iv*'The Schogl for Scandal” thie evemmng. n Wo more enjoyable pkece*for Christmas afternoon: * Or eventng cairbe selvcted*than “Brother Sam," at Watlack's. ‘The Mustoat Standard iitiderstandd that’ there Is @ probability of Dra Croveh's oratorio, “palestine,” being brought forward by’ the Sacred Harmonic Society during this masom 4 MAILS ROR EURO! PES The'steamektp Manhattan witt'leave this pert on Wetmesday for Queenstown and ‘Liverpool. The mails‘for Europe will close’at the Post Office at tivéive o'clock M. ‘Tur New Yore Heravp—\Eaition: for Europe wilt be ready at Kalf-past nine o’clotk-tn the;morm ing. SMgié‘copies; in wrappers fo mailing ,asix:centay Decemmver 24, af KwApri—On Tuesday evenin; rf wipronptephen, tén O'vloek, CAHOLINE: E. KNarr,| H. Knapp, Esq. of tisetty. Notice of faneral hereafter, ' [Bor Other Deathe See Sixth Pay} Burnett's Miniature Tollets.—Klegant faint Appomdace, adint nig adopted ta Bone Fa als ef }, adinirs And traville 'd portmanteat ACCE) a LE HOLADAY ENTS. Wholesale by druggists’ sundry men overy~ where. A.—Baw ‘Angelique, for the Teeth and Gums, BISCOTINE'S FOOD for infants. | DELLUC & CO., 685 Broadway, are proprictora an€ mapu- fatiurers, No connec her drw.g store, A.—flerald Branch Office, Broc@tlyn, corner‘ot ‘Fulton avenue and Bocrum street,- ‘Open trom 8 A.M: to8 Of Sunday from 3 to 8 A.—Young Gentlemen on Now: Yeur’s calls intent should drop in‘at‘ESPENCHIED 'S, 115 Nas- raustrect.. TI dashing and jusbeou- que fi they will find! the most attractive drew HAT that has appeared on able pronicnadts for many: sexsona. A.—Herring’s Patent ‘CHAMPION SAFES, 261 and 262 Broadway, wv of Murra y street. A.—Royal Havana Lottery. Gra nd Exe traordinaty Drawing. J. B. MARTINEZ & C0..4 Bankory 10 Wall street; Post office box 4,085, New York. A.—Fhe Russian Vapor Baths, 25 East Fourth street, are open this morning for gentlom cn, 7 to 1 o'clovk, A.—Was Suffering from Severe \ New ‘one bottié WATTS NER VOUS ROBERT KENNEDY, 3% 3 Bast Nineteenth strect. a ia A True Friend.—R. B..V. lentine A ‘ahey Humboldt Fire Insurance Company,, writes:—“I ¢ onf- Peay egommend WATE S NERVOUS ANTIDOTE ta any nervous sufferer, having used it with great success in m, family for neuralgia and other nervous complaint, — It ne of A severe Att of-neurnigia when ph ysl- and other i v A Superior Assortment of Wines, Al es and Liquors; J. Jamison & Sonat Irish Malt Whiskey ,= yeurs old. 15. Chambers stree! Boosey’s Chea ic—-Music Books for the Holidays82 East Fourtoenth street, near Uniea squane.. Batchelor’s Hair Dye.—Is the Best in the world; the only true and perfect dye; harmless, rall- able, instantamcous., Atal drusuists, Christadoro’s Hatr Dye—This: Splendie Dyeis the only one that: has. ever ‘been cacipand wae found harmless. Cheapest Book Store im the World—~ 1 432 ifleent Holiday BOOS and JUWEEILES. c nlogues treo. LEGuat BROTHERS, No. 3S Beekman street. Christmas Gifts.—Knox’s Superh Stock of Fancy FURS and his. great v: of HAfS'for gen- tle introduced one for. the holiday season, reat chance for th jon of suitable gafta, OX'S, 212 Broadway, 01 ler the RUUs Avenue Visi Hotel, Extra Dry Ca'sinet MORT-AND CHANDON a 6} MERRALL & G Chambers treat, sist Brindway and Foctyrsecoun at . A. Currier & Co.'s’ evans cs MscurTs heye been famous CRACKERS a ie noeee smeee hs Nese WONyScitntad Crachers and ont are a | cal Tantei Groonwiah street free of charge. G. Graham, Late Hojer & Graham, Painter, ractoran tioes #7. Daas strect en 053 Broadway... Hetdsteck. & Co.’s Dry Momopole..624 25- MUMM'S DRY VERZENAY. . $21 50 IMPERIAL....... . be PIPER HIEDSIC of i aay nest dines WIN CONDIMENTS, TABLE LUXKU- equally | chasers, at down town Prete 4 Co.'s Now Stand, 6% Fulton street, north, side Established 1853, Hojer & Graham, Painters.—The Broo eet: smn Batons Not hannirs and Bingeavod? Metul PI Holiday Hats and Seal Skin Caps at manufacturers’ prices. P. ERNENWEIN, 143 Nassaw street, near Spruce street. Mrs. M. G. Brown’s Metaphysical Dis COVERY is a sire preventive and cure for Pneumonia. . Depot 51 Boud street. Mrs. M. G. Brown’s Poor Richard's Eye WATER and SCALP RENOVATOR, Sold by draggista, Depot 51 Bond street. Marriage,—Happy Relief for Youn| Mom Remarkable toporiagene free. Arldress HOWAR ASSOCIATION, Philadelphia, Ps Parties Must Not Forget that Denis DONOVAN gives an, extra good DINNER Christmas, night at his restaurant, No. 5 East Twelrth street. ™ Paper Warehouse, 44 Reokmes Lb omy | 17. *q cap as »| The old stand, plisned 18: Tent 14 Wats @ a! ever. ing worm, Salt-Rheum, Cared by Usin; aunt RY PAK SOAP, Manufactured . by CASWELL HAZARD & 0O., Naw York. t The Gracfenberg Family Remedies Are most religble.—New York Tribune,--In the universal and. Totessing complaints of women tagse remeligs are gen- D tive. oe eee ARRY MARSHALL'S CATHOLIGON, prica, FH i baled An Bilhe cONEAS YT Lo Witiinan at. N.Y This WD Be a Week of Good Living, York no botter place to live wellthan and MATER. DINING SALOON, I44 Fraton street. This favorite resort is always weil supplied with the choice seasonable viands, nearly every articls being furnish from Curgier's own farm; eonsequensly wholesome food: is tu Testimonial Extraordinary. came, 0...) Brow way we: ma For the Miormaitoa gf tha pablle, al rastus Bri Evening: ben hie Samulul Sinctair, “ New York Tri Bellevue Med: 0; Professor William A. Bammond,; Sieger Mes, B. kouls Slee” mont avenue, Lowe, 439 The WARREN PATENT COOKER is for sale at all firste class stove and range and housg furnishing dealer, everywhere. Fan N Ew PU BLICATIONS, o. Tho NOVEM RE EN PERNA NUMBRRA ene, taming the beginning of BR RONNICA! Aad | De, ROLLA EH GREAT AMARIGAN SERIAL ‘BSC! ‘BNE! , f Beut tree to all subscribers (or lr 00, 661 Broadway, Now Vork. { ¢! Gaextanmas - andasa, signed, are willing toy daty to, humanity, we: the undersigned, are Willing to Pent cook it have used itin our holmes, and find that it pertoi that. you clalin for ff. , —s"