The New York Herald Newspaper, January 10, 1873, Page 5

"MRS. WHARTON. The Van Ness-Medico-Legal Suit at Annapolis. Fourth Day Legal Hair-Sphitting. CLUTCHING THE KNOTTY POINTS. Motion to Compel the Defence to Challenge the Jurors First. An Important Witness the Innocent Cause of Forensic Squabbling. ANNAPOLIS, Md., Jan. 9, 1878, ‘The sun rose in acloudiess sky on this the morn- ‘mg of the fourth day of the persecution (prosecu- ton the medica) colleges call it) of Mrs, Ellen G. ‘Wharton for the alleged attempt to poison Eugene ‘Van Ness. The wind blew softly and warm from - the southward, and a raw Spring day followed. At half-past nine o'clock Mrs. Wharton, accom- panied by her daughter, Nellie, Mrs. Neilson and ‘Miss Neilson, alighted from a carriage at the. en- trance to the Court House grounds, where she was met by Judge Welob, who offered his arm and escorted her to her accustomed seat, near her Jawyers, within the rail, Dr. Williams was not about, or, if present, kept quiet in the out- skirts of the crowd, an unusual thing for him todo, He seems te think that on his decision and opinion hangs the crimina! law of the land and the safety of the citizens, and is said to be re- Jentless against the poor lady whose weatth has all been absorbed and health undermined by the trials to which she has been subject. At the table of the Maryland Hotel he talks loud and fierce, and with Gesperate interest, so that a stranger seated near by ‘was led to inquire whether he was the State's Attor- Mey or one of the prosecuting counsel. He has repub- Mashed his pamphlet issued just after the Ketchum trial, and is circulating it with interest, the prob- able intent being to influence public opinion against Mrs. Wharton, but he has only his labor for Bis pains, THE SYMPATHIES OP THE MASS OF THE PEOPLE are already with the accused, not the less that it is generally believed that tke medical collegians have expressed hopes of obtaining her conviction, be- cause the former trial has only beggared her. All ef her daughter Nellte’s little fortune, some fifteen thousand dollars, has been spent in fighting the doctors; but her attorneys have their hearts more enlisted than their pockets in the case, and are ‘working with a will born of conviction against the machinations of her accusers and the manwuvres of the learned counsel for the State, A@TTORNEY GENERAL SYESTER 18 A EELUCTANT PURSUER of his stern duty, and Mr. States Atterney Revell has announced himself out of patience with his task, but their oficial pride prompts them to strenuous exertion. They are not half fierce enough to satisfy the medical college wiseacres, theugh Messrs. Hagner, Thomas and Stump are de- veloping great powers in their masterly defence, nd though motions after motions, founded in Practice and precedent and logically expressed, gre overruled, their patience never fags, nor do their resources appear to be in danger of failing. They are arrayed against the ablest prosecutors of the State. States Attorney Revell has been elected five times to the office he holds, and were it not for the gravity of the occasion it “ would be amusing to watch the bother they give Messrs, Syester and Revell, and the surprise that meets their unexpected assaults. The prosecution has entrenched itsell in sullen, dogged, persistent resolution, and, with-little endeavor at rebuttal, throws the onus of settlement of vexed points on the Court, JUDGE MILLER MEETS EVERY EMERGENCY Squarely, secure, as he says, from any chance of ‘justice to the prisoner, in the almost impossible evens of aconviction, because she has the right of appeal and his rulings are susceptible of reversal. ‘This morning, the proclamation of the opening of Court having been made, the first thing in order was the announcement of the Bench on thé demurrer to the indictment argued yesterday. Jadge Miller said the judges had considered the fering raised by counsel for the defence.on the rms of the indictment ana indefiniteness of ‘ation, and were unanimous in opinion that the demurrer should be overruled. Their Honors ‘were at the law library till very late last nignt, and rward consumed some hours talking the ques over at the hotel. THE INDIOTMENT REGULAR. The indictment having been pronounced regular and in due form, Mrs. Wharton was called upon to pea anda o. of not guilty was entered in her half. As the selection of a jury was naturally in ion Mr. Revell said that be wished to sat- isfy a matter of procedure. It is the custom in some of the State courts of the same jurisdiction to compel the defence to challenge first, and he wished to have a decision by the Court of Appeals as to the question ofits correctness; to that end he offered as a motion :— Pp ! fy hen og vs. E.G. Wharton.—Indictment for mp F poison. The State of Maryland by its counsel moves the Court tocompel the traverser to exercise her right of chal- inge before the State shall be called upon to exercise its ed by counsel tor the prosecution. He offered the motion that it might be denicd and give time and opportunity to file a bill of ex- ceptions to its ruling, to be incorporated in the case before the apellate court, THE MOTION WAS DISALLOWED and exceptions filed. While the counsel for Mrs. ‘Wharton were in’consultation concerning the next ap to be taken the peor young man, wno thinks or has: been persuaded that a diabolical attempt was made to convert him into a defunct. entered the court room and took a seat beside Dr. Chew, Professor of Materia Medica and Chemical Medi- cine in the University of Maryland, Baltimore, and ‘who has, like Williams, written a pamphiet on the Ketchum case. Mr. Van Ness, as usual, was neatly Greased, bis hair parted exactiy in the centre and his heavy mustache laid elogantly smootn with cosmetique. He does not, I am told, like to be looked at or written about, and conducts himself as though he wishes the scene in which the doc- tors have placed him as a central figure were over and done. The consultation between the attorneys for the defence being concladed; Mr. Thomas an- nmeunced that they were agrecd that it was indis- pensable that one of their witnesses, r v ‘MRS. LAURA CHILTON, should be in attendance before the trial should be fairly begun. What has passed has been merely inary skirmishing—a sort of enc 9 of Regal joints for the ensuing fray. He believed that he was in the city, and requested that a court Messenger should be despatched to ascertain it she ‘was, as he expected, at the residence of Judge Mason. A loug delay hereupon ensued, during which the judges read the morning papers, the good-natured clerk, Mr. Harwood, nedded; THE LAWYERS MOVED ABOUT, Car to their ‘friends; the reporters nibbled their pencils or specu- Iated among themselves on the probabilities ef this new development, and the crewd of spectators in the labby of the court yoom kept up a busy hum of conversation. Imingled with the throng and caught on every de expressions of favorable import to Mrs. ‘Wharton and a general agreement that she would come off triumphant, her good name cleared of the imputations of crime, and herself freed from farther moijestation by the school of Py henge ‘whose shuttiecock she is, beaten about with the battledores of scientific Rb ae i The messen- pag with a note fri ludge Mason to Mr. mas, announcing that the lady in question was Dot at his house, but that she js in Richmond. Hereupon Mr. Thomas announced that the defence bad decided to call for A CONTINUANCE OF THE TRIAL Uatil the next term of the Court, on the ground ‘Umt Mrs. Chilton was @ material witness for them, ard it would be greatly to the prejudice of their clant to ailow the trial to proceed with- ow her presence and testimony being as- sured by her appearance before the examina- tien of witnesses was entered upon. He explained ‘that the lady was in Baltimore in December and had been informed of the importance attached to ‘the cvidence she could give, and had beea sum- mamed in due form to dppear. A telegram sent to Richmond would insure her attendance. He had a it to demand the concurrence in a continuance he trial, for the defence had requested the pe py | to allow her testimony to be taken be- ir 4 magistrate, which would have rendered her appearance on the present occasion unnecessary, anc had been positively refused. He wished the Boeri to aliow what her evidence would es- , bul THE PROSECUTION WOULD ALLOW NOTHING, and as the defence had used every reasonable means to expedite matters he demanded copcur- of the Trial Consumed in NEW YORK HERALD, FRIDAY, JANUARY 10, 1873.—TRIPLE SHEET. renee ¥ continuance. Mr. Hi drew up an othe: ay oneaed ag was fast wearing on ir 3 set leaoms, Sab tt wad quioe eeiasns c otiaas bt ty ‘affidavit, ts follows, waa at length sworn to and submitted to the Court:— MRS, WHARTON’S AFFIDAVIT. State ve, Wharion.—On this th day of Janoary, 1675, Der- senaliy. Spusared in open, fourt a G. Wharton, tho lefendant, and makes that she cannot safely go to 1 in this at this time because of the of a re naltos, & competent Sad manera ness, expect sal ira Bhiton has te ig tie ald afl pode erg = | from ime, a }, sal al aut, has been im the habit, ever since sai witness bnew r, of using tartar emet externally upon mustard plasters to alleviate pain and we: her chest, and she has used proper. nd reasonable endeavors to procure the attendance of witness; that she reasonable expectation -and Hef that the attendance of the said witness can be pro- cured hereafter in a reasonable at is to say, by session of this Court, Sruica Harwoon, Clerk, in open Court The Court asked the opinion of the State’s Attor- ney concerning the proposed continuance, to Which he angualidediy replied that, he would not consent, for le urged, although as asserted by the other side a subpoena had been issued to Mrs, Laura Chilton on the $th December last, there had been no further attempt made on she part of the defence to compel or procure her attendance, and as the other side knew that she was not a resident of the State he did not consider they had used due diligence, and he submitted that the motion for continuance be overruled, MR, THOMAS REPLIED for the defence, Mra. Ohilton, he sald, had been summoned before any other witness, she having been in Baltimore, although a resident of Georgia atthe time. The State’s Attorney was noti! that her absence might compel the defence to ask that the trial be put over for another term, and an offer to bring her to Annapolis and make affidavit of her knowledge rae on this case was not ac- cepted. What more could the defence do? They foresaw the probability of the present difficulty and made all generous efforts to avert it, but in vain, They could not send a commis. sion to another State to take her testimony, but just as soon as they knew she was in the jurisdiction of the Court a process was issued. If jhe case should proceed it is probable she would-be here in time to be examined, but he did not br pose to take any such risk. The assumption of the Tesponsibility would be unjust to the defendant. Judge Miller interrupt Mr. Thomas, and that on Monday both sides had been asked if they were ready to proceed with the trial, and both had answered re a ‘With all submission to the Court Mr. Thomas, for himself and his colleagues, an- swered that neither he nor they had DECLARED THEIR READINESS TO GO ON with the trial, When asked the question by the Court they had said, or intended to say, that they bad preliminaries to arrange and motions to make before the trial should be fairly inaugurated. ie counsel for the defence were agreed that Mrs. Chilton must be present or the point they relied on to make be admitted by the State. ie Was confidently expected to arrive last Tuesday. She had promised to come on that day. she State, r a brief talk by the attorneys for Jndge Miller announced that the motion to con- tinue was allowed. Buzz and bustle followed, Many went away satisfied that the case was con- cluded for this term at least. Attorney General Syester threw his cloak over his shoulders and left, really glad that he had a prospect of escaping the disagreeable duty of pursuing the case. JUST THEN JUDGE MASON CAME IN and said that he could have the missing witness here to-night or to-morrow merning, and he urged that instead of a continuance a mere adjeurnment till to-morrow morning be had. Mr. Thomas said that his client is s0 anxious to go on and have the matter settled that he was willing to strike out the record of continuance and adjourn till to- miorrow, provided, however, that it is understood that if Mrs, Chiiton dogs not then put in an appear- ance continuance shall be renewed. Judge Miller asked the State’s Attorney if the State was willin, the continuance should be struck out, Mr. Reve! was EXTREMELY ANXIOUS TO GO TO TRIAL, but would prefer consulti Attorney General Syester before Cpl While the new dilemma was being talked over Mr. Syester came in, and in afew minutes the State agreed in ‘annulling the continuance and accepting an adjournment. The Court then rose. This—a fourth day—has Msp and nothing has been done except some fine hair-splitting. They are beginning now, however, to get ready for going ahcad in case Mrs. Chilton arrives by to-mor- Tow at half-past nine 4. M.—an event as uncertain as the verdict of a petit jury. A COUNTRY STEAL. Columbia County Defrauded of $150,000— The Trast Fund Gone—Boss Tweed’s Supervisors Imitated—Great Excitement Among the People. POUGHKEEPSIE, Jan. 9, 1878. The people of Columbia county are greatly ex- cited over the present condition of the financial affairs of their county. The now removed and ar- rested Treasurer, Richard F. Clark, is a defauiter to @ large amount, At first it was supposed he was only $5,000 short; then it transpired that he never paid the county’s portion or the State tax, some $43,000, with in- terest, amounting in all, principal and interest, to $50,000, and now the unlucky county finds, too, that its trust rund, amounting to $15,000, cannot be found. All this,and the books of the defaulting County Treasurer have not yet been examined, so that there is no knowing how much moncy has been made away with. It seems that Clark’s de- falcations extend back to the time he first took the office, on the 1st of January, 1864, and that he has been SYSTEMATIO AND UNIFORM IN HIS STEALINGS ever since. It could hardly be supposed that he could have done it all alone. Ip the first place it would seem desirable that the Supervisors’ Com- mittee on County Treasurer’s Accounts should ex- plain how they had passed over the discrepan- cies which are now found to exist, and in the absence of any such explanation the people loudly and openly declare that there has been a ring operation -for the purpose of stealing their money. If such aring exists they declare they can point | out the ring master. They ask C. W. Trimper, one of the Supervisors, to explain to the taxpayers of Columbia how he, as chairman of the Committee on Appropriations for the year 1869, recommended and procured the appropriation of $19,283 95 to pay the principal of the bonded debt of the county in the Spring of 1870, when there was but $14,283 95 due at that time, and ‘TO EXPLAIN THE CIRCUMSTANCE, which looks suspicious, that he should recommend and procure this excessive appropriation of $5,000, and the County Treasurer, as he admits, should have made an overcharge at the same time for p like amount. And also to explain to the taxpay- ers of the county his anxicty that the speciai tax for canal deficiencies, the proportion of Columbia county, amounting to over seventy-four thousand dollars, should not be levied and assessed the pres- ent year, but that the County Treasurer should be authorized to borrow on the credit of the county for the term of one year that amount. The County Treasurer was at that time a defaulter in the pay- ment of the State tax of 1871 to the amount o1 be- tween forty thousand and fifty thousand dollars and the Comptrelier was pressing him to pay. Did THE BOARD OF SUPERVISORS know this then? If not, why not ? People in Celum- bia county knew two years ago that Richard F. Clark was then a defaulter. Some of his bondsmen at that time went around among republicans soliciting votes for his re-election (he is @ democrat), saying that if he was not elected it would ruin them, as he was a de- faulter, and on that ground they implored their re- ublican friends to save them. For several years leading democrats in the Columbia county Board of Supervisors have known this. When the CT troller was pressing them to pay up the Colambia county portion of the State tax he was appointed cashier for Mr. J. O. Whitehouse, who, last Fall, ran on the democratic ticket for Congress against John H. Ketcham. The first instaiment of money sent Mr. Clark by Mr. Whitehouse was, as stated, $35,000. About that time Mr. Clark sent the Comptroller six or seven thousand dollars, which for a time eased up the pressure, but when the time came again to settle Mr. Clark was short, and his arrest, as has already been announced, ‘was effected. ‘WHAT BECAME OF THE MONEY. No one ean say what Mr. Clark has done with the money missed. He was not a fast man in an; sense of the word, nor is it believed he lived hig! at home, though he was always considered very generous to his servants, making them from time to time valuable presents. The most suspicious part of the entire transactions of Mr. Clark is that the Board of Supervisors must have known his efalcations for years, and yet his accounts have been from time to time reported upon as being correct. The ball, however, is now open, and the cry of ‘Disgorge |” comes up from every part of the county. e Columbia county Supervisors held an extra sesston yesterday to appoint a committee to investigate the Treasurer's Accouuts, and MOST EXTRAORDINARY SCENRS ensued. Mr. George Mercer, of Ausierlitz, was the mover of the resolution to appoint a committee to investigate, and courtesy would have given him the chairmanship of the committee, but by the ac- tion of C. W. Trimper and others tiie power to ap- point the committee was taker. from the chairman of the Board and invested in the Board, and Mer- cer was put on the tail end of it, when he very pro- Perly declined to serve, as did also a Mr, Van jess. Now the committce consists of Messrs. Sharp, Van Alstyne and Ostrom, and the people look upon tbe action of the Board with suapiclun and cry out that it isa whitewashing committee—not to save Richard Clark, but to protect others upon whom dark and weill-iounded suspicions rest. The whole county is in an Mproas ore the matter, and as the Board meets again on the 15th to hear the report of the committee lively times are anticipated. It is believed Clark's desatcations will foot up $160,000 OF over. CONGRESS. The Franking Privilege—Bills Introduced and Passéd—A Plea for Poor Jack—Practicab Defeat of the Emigration Bill— 4& Grand Land Scheme. SENATE. WAsHinarTon, Jan, 9, 1873, ‘Mr, RAMSEY rep.) from the Committee on Post OfMices and Post Roads, reported the House bill to abolish the franking privilege, with amendments, and moved its :mmediate consideration, Mr. Vickers, (dem.), objected, and it was placed upon the calendar. WHERLER’S EXPLORATIONS. My. STEWaRT (rep.) offered two resolutions, which were adopted, requesting the Secretary of War to transmit to Congress tho result of the ex- plorations conducted by Lieutenant Whecler west of the 100th meridian, Mr. Ramsry also reported, trom the Committee on Post Offices and Post Roads, the bill, with amendments, authorizing the construction of a bridge across the Missouri River at Lexington, Mo, The bill to authorize certain postmasters to de- posit moneys in national banks was passed. Algo the bill to authorize Deputy Collectors of Customs to act as disbursing agents in certain cages, Also the bill to repeal certain provisions of the law relating to advancement in the navy. Also the House bill to amend the act to establish the Department of Justice. Aiso the House bill to prevent. certain oMcers of the United States from practicing attorne: or solicttors in United States courts ‘in certain cases, Also the House bill in relation to new trials in the Court of Claims. BILLS INTRODUCED. Bills were introduced ag follows :— By Mr. Poot, (rep.) of N, C.—Rai ping the salaries of bureau officers in the Executive Departments at Washington. 6 Mr. STEWaRT, of Nev.—Amendatory of the act of June 1, 1872, to further the administration of justice: relating to rules of practice, appeals, 4c., in the United States Courts. Referred to the Com- mittee on the Judiciary, By Mr. HARLAN, (rep.) of lowa—Authorizing the beyerane the Interior, with the consent of the Ute and Missouri Indian tribes, to survey and sell that reservation lying in Nebraska and Kansas; and, with the consent of the Sacs and Foxes, to sell that portion of their reservation that lies within the State of Kansas. Also a bill for the purchase of Whe Tans rights of Benjamin 8. Roberts in breech-loading firearms and a machine jor fperiig metallic cartridges, By Mr. WINDOM, (rep.) of Minn.—Extending the time of payment for settlers’ lands om the late Sioux Indian reservation. Referred to the Com- mittee on Public Lands. Also to incorporate the North Central Railway Company, and grant the right of way for the con- struction of its proposed road in Minnesota, Re- ferred to the Committee on Public Lands, Also a bill to incorporate THE EUROPRAN AND AMERICAN LAND AND EMIGRA- TION COMPANY. It names as incorporators James Craig, of Missouri; John Wilson, of Iilinols;" Henry D. Cook, of the District of Columbia; Daniel Ruggles, of Virginia; William Helmick, of Ohio; 0. 6. be: of Maryland; J. H. Embry, of Kentucky; Thomas B, Bryan, of Minois; W. M. Stone, of Iowa; Louis nt, of Mis- sissippi, and D, W. Bliss, of Michigan; and empow- ers the Company to buy and sell and hold real estate, provided it shall not hold .more than ene Million acres at any one time; and to make and enforce contracts for the emigration of foreigners and their transportation in the United States, The SoMmpany. is also to have power to lend money on bona and mortgage on real estate situ- ated within the United States, or upon hypotheca- tions of real estate mortgages, for any period of credit, and repayable by way of annuities or other- wise; to issue its own bonds to the extent of the value of its assets, and to receive money or secu- rities on deposit at legal rates of interest. The capital stock is to be $1,000,000, with power to in- crease it as the company sees fit. The principal office is to be in Washington or New York city, but brash offices may be established in any city of the inion. Referred to the Committee on Public Lands. The Senate resumed the consideration of the In- oa Pecaiiclnagpan billand the discussion of our icy. The tl, having been considered in Committee of the Whole, was reported to the Senate, when the amendment providing for the removal of the Win- nebagees of Wisconsin was non-concurred in, Pending further action on the bill, the Senate, at 8 quarter to five o'clock P. M., adjourned, HOUSE OF REPRESENTATIVES. WASHINGTON, Jan. 9, 1878. Mr. LYNCH, (rep.) of Maine, from the Committee on Commerce, reported a vill to amend the twelfth section of the act for THE APPOINTMENT OF SHIPPING COMMISSIONERS, by making it apply to masters of vessels engaged in the coasting trade of the United States and In the trade with the ports of the British North American provinces, the West India Islands and the Republic of Mexico. Mr. Woop, (dem.) of N. Y., while not objecting to the amendment, pronounced the original bill as oppressive, unconstitutional and obnoxious to the merchants of New York. It was enriching one or two men, particularly the Commissioner at New York, who, in connection with his office, has estab- lished a large savings institution and boarding house; was taking physical possession of “Poor Jack” and his earnings, and was clearing $100,000a year. Mr. W. R. Ropers, (dem.) of N. Y., sustained the woe taken by Mr. Wood, and so did Mr. Ran- all, of Pennsylvania, who said that the experience in Philadelphia accorded exactly with the state- ment of Mr. Wood fn regard to the working of the jaw, which was an injury not only to commerce, but to the sailors, Mr. Porrer, (dem.) of N. Y., took issue with Mr. Wood, and stated that so tar as bis information went the law had thus far proved itself a wise and beneficial measure. The bill was passed, Mr. TaFFF, (rep.) of Neb., from the Committee on Territories, reported a bill for the admission of Colorado as a State. Mr, Hoorrr, (dem.) of Utah, moved to amend the bill by inserting @ provision for the admission of Utah as the State of Deseret. Mr. SARGENT, (rep.) of Cal., moved to amend the provision as to Utah by making it a fundamental condition that no law shall ever be enacted legis- en or authorizing bigamy, polygamy or plural marriage. Other amendments were offered and ordered printed, and the bil thea went over until the next morning hour. The House then took up asa special order the bill reported onthe 11th of March last from the Committee on Commerce to promote emigra- tion to the United States. The bill creates rite reau of Emigration and contains provisions for the regulation of vessels carrying steerage pas- sengers to the United States, The bill was advocated by Messrs. Conger {reps of Michigan ; Wear eet tad of Missouri, and o Shellab: (rep.), of and was opposed b: Messrs. nsworth (rep.), of Blino Ai Wood, Potter R. Roberts, of New York. At the conclusion of the debate the bill was, on motion of Mr. Wood, referréd to the Committee of the Whole on the State of the Union—yeas 96, Bays 61—which is practically the defeat of the bill. j ‘he "peng then, at haif-past feur o’clock, ad- journed, THE CREDIT MOBILIER. McComb on Alley—The Brooklyn Nomination Explained—Where Are the Books A Lie Sorewhere. WASHINGTON, Jan. 9, 1873. The Crédit Mobilier Committee met this morning at ten o'clock, Judge J. 8. Black and Nathaniel Smithers were present as McComb’s counsel, The chairman stated that a ietter had been received from Mr. Hall, secretary of the Crédit Mobiller, who has been subpoenaed to bring the books of the Crédit Mobilier, saying that on account of the sick- ness ofhis wife he did not expect to be here before next week. Henry C. Crane, assistant secretary to the trustees under the Ames contract; George A. Kennedy, bookkeeper, and Charles Neilson, son-in- law of Hon. James Brooks, have been subpenaed. M’COMB ON ALLEY. Mr. McComb said to the committee that in his judgment it was hardly necessary for him to reply to anything that Mr. Alley could say about him. He thought that Alley’s statement would carry the antidote with the bane. The witness was willing to stand on his character. He said the conversation between Alley and Brooks about the latter procuring fifty shares of Crédit Mobiiler stock was while Mr. Durant was in Europe. Durant left this country on the 8th of January, 1868, and returned on the 5th of March, 1868, being absent about fifty days. The understanding ofthe witness ‘was that the said fifty shares were put in the name of Brooks’ son-in-iaw, Neilson. MR. BROOKS HAD SECURED ONE HUNDRED SHARES of Crédit Mobiller stock from Thomas ©. Durant Roevmine 1% 1867, and paid for the same with his own check for $7,000 and his draft for $3,000, ma- . turing in 1968, which Graft Brooks paid January 20. 1968; on the same rooks paid his check for $A and he received, % Bi bey en to his son-in-law, shares of Union Pacific stock and 5,00 py Ea bonds, in addition to the 100 shares of ler stock, and that between the 26th f ve Union ic 0: nels, betng about THRBE HUNDRED AND SEVENTY PER CENT ON THE ONE HUNDRED SHARES of Crédit Mobilier stock ; witness had refreshed his me! about these facts by examining the hooks of Mr, Thomas ©. Durant; Brooks was appointed a Government Direetor of tie Union Pacitie Railroad October 3, 1867, two months and twenty-three days before he bought the stock; Brooks was real pointed by President Joumson five months alien Mr. McCrary asked whether witness knew that Brooks had paid for the stock ? Witness replied he did not sce Brooks make the payment, the entries in Mr. Durant’s books ng made by Mr. Crane, his private secretai which entries witness saw on Durant’s Witness, in response to & question, said the pur- chase of 100 shares did not entitle Brooks to iifty more 8) 8. McComb mentioned the importance of having the books here and the dificulty of pro- curing them. Alley sald he believed all the books were in Philadelphia, sent there by direction of the Court, and were not in Ham's hands at present. McComb said it appeared by the sworn statement of President Dillon, attested by Mr. Ham, the treas- urer, that there were no other books in his hands but one cash book, one general ledger and one letter box of disbursements under the Hoxie con- tract. These were what he wanted, and the other books would not be produced here unless specially ordered. The Chairman requested McComb to make @ list of such books as he wanted. Mr. McComb said he would do so, WAKING UP TO WORK. The Chairman said that, being desirous of bring- ing this investigation to a close as speedily as peeesicete he would ask for leave to sit during e sessions of the House. Mr. Alley said that the books are in Philadelphia, that he had examined them there himself. Judge Black remarked:—Then the statement which was made that they cannot be produced was Manifestly false, Mr. Alley repeated that he saw them in Philadel- hia in Mr. McMurtrie’s office, they having been rought to that city to be used in Court, GOING TO SLEEP AGAIN. The Chairman sald it would be time enongh to cali for the beoks when a refusal was made to pro- duce them before the committee. Judge Black, again referring to the affidavit pre- viously allnded to, said it was either a mistake or 4 lie about those books. Mr. Alley, replying, said he would not accuse anybody of lying, but had only stated what he knew. He had seen the books himself. The committee then adjourned until Monday morning at ten o'clock. More of the Proceedings of the Com- mittee—Letter of Mr. Crane and Reply of Mr. Kingsland Concerning Mr. Brooks’ Alleged Dealings. , During the proceedings of the Crédit Mobilier Committee, Mr. McComb said he had a letter from Mr. Crane, the Assistant Secretary to the trustees, which he would like tohave read. The Chairman remarked, as they were going to have Mr. Crane nefore the committee, perhaps they had better not receive the letter at this time. The letter Mr. McComb wished to offer is as follows :— 20 Nassau Stnxet, New Yore, Dec. 28, 1372, HH 8, McComy, Key. ‘Trustee, Wilmington. Del. = Drax Sm—Yours of the 27th instant is received and the contents noted. In relation to the Credit Mobilter saction to which you refer, I find, by refere! jorands made December 26, 187," that L received es Brooks! check for $7,000 and a drat 1or $3,000. due January 22, 1868, and that I transterred. by Mr. Brooks’ direction, to his son-in-law, Charies H, Neilson, 100 shares of stock’ of the Credit Mobiller of America and 200 shares of stock of the Union Pacific Railroud mpany add five first mortgage bonds, of | the Unten Pacific Railroad Comsany, making, in addition to the 100 Crédit Mobilier stock, ‘$25,000 in’ Union Facitic Railroad securitics for the 10,000" paid. Talso find by memorandum that the draft referred to above was paid by Mr. Brooks January 20, 1808, thus contirming my re- Gollection as to the fact that the transaction was with Mr, James Brooks. Yours, truly, H. C. CRANE. The inate | is the reply of Mr, F. B. Kingsland, the cashier an managing man of business in New York of Hon, James Breoks, to the above letter, which was published ‘e this afternoon :— THE DISCREPANCY IN THE AMOUNT of the checks alleged to be given arises from the fact that the first statement published mentioned @ check for $10,000, instead of $7,000, as now set forth. The check of $7,000 and the draft of $3,000, if such exist, it is stated, were some ot the loans to Durant set forth in the Kingsland letter below :— MR KINGSLAND’S REPLY. New Yorx, Jan. 8, 1873, Dear Sm—Mr. James Brooks loaned large sums of money to Mr, T. C. Durant at different times, and also to the Union Pacific Railroad, As his cashier and business manager, | must have made all the settlements and drawn ail the checks, and I settled all accounts with Mr, Cranc, Mr, Durant’s manager, both for the Toans and the Union Pacific Railroad. Mr. Brooks’ check Kk shows no check for $10,000 to Mr. 238 83, and 1 never, acting for Mr. Brooks with Mr. Prane, paid for any one hundred, or fifty shares of the Credit Mobilier for Mr. Charles H. Neilson. 1 ain certain that Mr. Brooks could not have made any such large operations in money without his check book or bank account showing it. ‘They make no such show THOMAS ery respectfully, B. KINGSLAND, UNCLE SAM AFTER VIC. Mrs. Woodhull at the Cooper Institute and Her Arrest by United States Mar- shals—She is Lodged in Ludlow Street Jail—Disguised as an Old Woman She Passes the Marshals and Delivers Her Lecture=Her Appearance on the Plat- form, and What She Wants to Know. The male and female advocates of ‘social free- dom” and “free love” were treated to an unex- pected and genuine sensation last evening. Mrs. Woodhull and Tennie 0, Claflin were announced to lecture at the Cooper Institute on “The Naked Truth,” and in the afternoon of yesterday the United States Grand Jury had found an indictment against both of these ladies for circulating obscene literature through the mails. The entrance doors to the building were surrounded by Marshal Crow- ley and his deputies, long before the hour for the lecture, for the purpose of securing the arrest of the Jair lecturers. The majority of the audience was unacquainted with this fact, but the committee room was occupied by relatives of Mrs. Woodhull, and by the more pronounced of her sympathizers, both male and female, who seemed never tired of screaming about the “insult to freedom of speech,” and strutting around the room in @ mim- icry of deflance to the “myrmidons of the law,’ and the *‘bage creatures who were the hirelings of a despotism in a so-called republic.” The audience, whose only occupation was a steady stare on the vacant platform, and friendly recognitions of each other, grew tired of this waiting, and at length broke out into that chorus of calls and musical tramping of feet familiar to all frequenters of pub- lic meetangs, To appease this angry multitude, which was @ respectable looking audience, but which only filled about half the space of the crypt, Mrs. Laura Cuppy Smith appeared, and courtesying until she reached the read ek commenced an {unpassioned address by putting a string of conun- drums, none of which were answered, such as, “[g this a free country ?” ‘Have we free speech 1" “Have we a free press” “‘Are the citizens of New York conscious of their duty ?”” In the midst of an explanation of how it was fing, to happen that the audience would be deprived of pleasure of hearing Mrs. Woodhull, and that dear friend,’ would ‘oodhull sprung upon Durant, or the she (Mrs. Smith), her “ver take her place, Mra. the stage, and, throwing from her shoulders a brown laid shawl, displayed a very agitated and excited face, and, with a defiant and determined expression, was about to speak, When she was vehemently cheered, many of the audience rising to their feet, and notably the ladies, to wave their handkerchiefs. Following close upon Mrs. Woodbull, as she stepped on the platform, were Marshal Crowle: and Mr. Hummel, of the firm of Howe & Humme' who are retained her counsel. Mrs. WooudbuH, acing along the pI in the fall pressure of he excitement of an infuriated female, began her address like the 7 seo speaker, with a question. she asked we had in this country free speech, She had passed the officers at the door who were waiting to arrest her. had not murdered sag body 3 she had not robbed any- body; she had ney Jackmatied any living soul; = b bie institutions of the State, amendments to the TENNESSEE. Governor Brown's Annual Treatise=The State Debt and the Sducational In- terests Must No Longer Be Trified with. NASHVILLE, Jan. 9, 1873, Governor Brown transmitted his Message to the Legis‘ature thie afternoon, He refers to the amount of the State debt and its steady increase by the non-payment of interest, und declares that the question of the payment of interest can no longer be postponed and cannot be trifled with. Believing that the Legislature is determimed to provide for this debt he suggests the fund- ing of the entire State debt, including past due coupons, in a new series of bonds running forty years to maturity, bearing interest at the rate of six per cent per annum, payable in January and July of each year. He gives as a rea- son jor the new issue the detection of bonds fraudu- lently issued upon which interest ought not to be paid, but only on the funded debt, and says that provision be made for such payment to commence as carly as July, 1874. He recommends also that the Legislature declare whether or not interest shall be paid on bonds iter their ma- turity unti! funded. He estimates the tax- able property of the State at $500,000,000, and = expre: the opinion that without increasing the rate of taxation by the adoption of @measure insuring the proper assessments and prompt collections of revenues, sullicient can be raised to defray the expenses of the State govern- ment and pay the interest on the public debt. He makes a recommendation with. a view to improve the system of assessments and taxation, and points out additional sources of revenue. ‘The Governor declares that the problem whether the State cau support public schouls without bank- rupting the people has been solved, and says that | the county system adopted two years ago has given great satisfaction where its merits have been fairiy tested. It the Legislature determines to foster this system he recommends the appointment of a State uperintendent, with an adequate salary, and also, if need be, a State Educational Board, After pro- viding for the State debt the Legislature can then determine how great a levy for public schools can be made, He recommends that Congress be me- morialized for a proportional part of the public domain to be consecrated as a fund for education and the common schools, ‘The time,” he adds, ‘has come when the question of common school educa- tion must be met, and I submit the matter of sys- tem to the discretion of the Legislature.” He recommends appropriations to sustain the charita- criminal laws and various other matters chiciy of local character. WISCONSIN. The Governor's Message—Financial Con- dition of the State—Railroads and Fa- cilities for Heavy Freight—The Gov- ernment Postal Telegraph System Sup- ported, MILWAUKER, Jan. 9, 1873. The Governor's Message was delivered to the Legislature in Madison at noon to-day. After alluding briefly to the general prospects of the | State, the abundant crops and jucrease of manu- factures, the financial condition of the State is given as follows :— Balance on hand at the close of the last fiscal year, $239,100; receipts of the past year, $1,060,- 477; disbursements, $1,076,442. The State debt on September 30, 1832, amounted to $2,262,057. The rane valuation of property for 1872 was $390,- 'The railway system has been extended 500 miles during the past year. The Sturgeon Bay Ship | Canal, te connect Green Bay with Lake Michigan, will be completed in the coming year, shortening | the distance by water frem Milwaukee and Chicago to Green Bay 150 miles, In regard to the postal telegraph scheme the Governor devotes considerable space. He says there is now @ mongrel proposition before Con- gress which contemplates a percoerinip. between the government and private parties Which, if it succeeds, Will make cheap and reliable telegraph- img impossible. He will not insult Senators and members of Congress by intimating his belie! that such a measure could ever receive their support. 5 ———— JAPAN. The Royal Russiaa Feted Previous to His Departure for Home. Island Colonization and Green Crops—Imperia} Diplomacy and State Relations to Corea— Sudden Death of an Eminent French Diplomatist—One of MNapoleon’s Aids Drowned—Death of an American Naval Officer. Yoxorama, Dec. 7, 1872, When the last American mail left the Grand Duke Alexis of Russia was enjoying the hospitalities of Japan, and was the recipient of extraordinary honors from His Imperial Majesty the Mixado, On the 26th ult. a grand naval review was held, at which His Majesty was present, with all the foreign Ministers. The Tenno of Japan left Tokio by szecial train at half-past seven A. M. of that day, and was met at the Yokohama station by the Grand Duke and his suite. The royal party then proceeded in carriages to the Hatoba, where they were met by the diplomatic corps. The company then embarked and proceeded to the Japanese flagship, the Ri-jiu-Kan, the men-of-war in the ‘harbor firing salutes. On reaching the above- named vessel the imperial flags of Japan and Russia were hoisted at the main, side by side, They then proceeded to the Svetlana, the Rus- sian flagship, where the whole party sat down to breakfast, THE CREWS of the different vessela@ were then exercised by signals, after which the Japanese squadron got up steam and went through a series of naval ma- nenvres, The Mikado was very greatly interested in all that took place, watching all the movements from the deck of the Svetlana, where he remained until about four P. M., when he returned, accompanied by his own suite, to Jeddo, the Grand Duke remain- ing on board of his ship. IN THE BALLROOM. On the evening of the 26th ultimo the Grand Duke was the recipient of a ball given in his honor by the community of Yokohama. HOMEWARD BOUND. The morning of the 28th ultimo the Svetiana, ac companied by the Russian corvette Vitiaz, left Yo- kohama for Hakodadi. Thence the vessels go to Viadivostock, where the Prince’ will leave and travel overland to St, Petersburg, The Svetlana will return to Yokohama for orders. She is to go home either-by way of San Francisco or le Cape. ‘The Vitiaz will remain on the Japan station, A COLONIZATION COMMISSION. ‘The officers connected with the Department for the Colonization of Yesso have returned from that isjand_to Jedao for the Winter, General Capron and Major Whartield lave also returned, The former has succeeded in raising a few large tur- nips and squashes, and bi rd ver: upon the capabilities of the soil o1 the le teels very sore at the attacks made upon him by some of the papers in America, and is now half inclined to resign and go home. Wharfield has built about thirty-five miles of very excelient road from Hako- dadi to Satzporo, the present capttal of the island, but has had to stop work on account of the advent of Winter. Dr. Eldridge remains at Hakodadi in charge of a hospital. Mr. Wasson is also shortly to return to Jeddo. RELATIONS TO COREA. The result of the expedition to Corea is still in doubt. Hanabusa is, however, daily expected at Jeddo. The government party still insists that the | mission was perfectly successful and that no tron- bie is to be appreliended. The vessel that waa used by Hanabusa for thls expedition is to be fitted up, and under the guidance of an American cap- tain and engineer will proceed to Trieste to carr, the Commissioners and Japanese wares destine favorabl; island. Bat the last Legislature requested them to support a@government postal telegraph system, and the quest. aM ili NEVADA. wi aan Governor Bradlcy’s Message to the Legis- lature. Virointa Crry, Jan 9, 1873, Governor Bradley’s message recommends the repeal of the law requiring the deposit of $50,000 with the State Treasurer from foreign insurance companies doing business in Nevada. carry into effect the Governor's recommendation was introduced into the Assembly to-day. Notice was also given of an amendment to the State constitution conferring the suffrage on women. The members of the Legislature in favor of Jones for Senator are canvassing at Carsen City to-night, The names attached to the call for a caucus, con- stitute a majority of ten on a joint ballot. FLORIDA. TALLAHASSER, Jan. 9, 1878, In the Senate to-day the democrats, with the help of one republican vote, elected Liberty Bil- lings President pro tem, In the Assembly a resolu- tion declaring that Mr. Gilbert was elected United States Senator by bribery, and calling for his resig- nation on that account, was tabled py @ vote of 26 to 25. ASSASSINATION OF CHARLES LANE, No Clue to the Perpetrator of This Foul Crime. Boston, Jan. 9, 1878. The investigations of the police and Coroner’s jury. concerning the assassination of Charles Lane, who was shot in the doorway of his house in Dor- chester, three months ago, have fatled to furnish any positive evidence in regard to the perpetrators of the deed. The theortea that a woman was con nected» with the matter and that a mistake was made by the assassin have been fully exploded, Although the jury are morally certain as to the identity of the murderer, the evidence is not strong and why were she and her sister to be thus ersecuted, because poe tried to make their read and butter New Yerk city? She expected to be arrested on_ that jatform = that nigh and she wanted % know if there was any! there who would go her bail. (There was ho response.) In this tin- passioned manner the lecturer continued her in- consequental address, and when her voice was faiiing her she turned to ker printed speech, and continued the reading of it for nearly one how was of the character of all her previous addresse: a mixture ot personalities and strange philosophy, with a great deal that was piquant and rurtene, She concluded by expressing @ hope that she should be able to meet her andience again and have an opportunity of repeating the same truths, THE ARREST OF MRS, WOODIIULL. When the lecture was over Mrs, Smith again & joke, and, during the address, Mrs. Woodhull was quietly and formaliy arrested by Marskal Crowlcy. Though there was little demonstration about this; the aadience appeared to be aware of what was going on, and there was @ general stampede to the doors while Mrs. Smith ‘was speaking. There was a large police force pres- ent and there was no confusion. When the au- dience had all dispersed Mrs. Woodhull, with the marshals and her friends, crossed the stage and left by the front entrance of the building. carriage was in readiness, and into it were placed Mra, Woodhull, Marshal Crowley, Mre. Laura Cuppy Smith and Mr. Hummel, They were driven to Lud- low Street Jail. Both the prisoners will be brought before the United States Court at one o'clock to-day enough for an arrest or even an accusation, and they wili, therefore, render @ verdict that Mr. Lane came to bis death at the hands of some per- son to them unknown. “DEATH IN A LAMP. Four Persons Burned to Death by the Explosion of a Lamp. PuHILADELrDIA, Pa., Jan. 9, 1873. Last evening, near Morton’s Station, in Dela- ware county, fa, Mra. Carr and three children were burned to death by the explosion of com- | tion fluid. Mrs, Carr was filling a lamp which | ot lighted, but the heat of the room raised a w vapor from the fluid which was ignited by the stove, from which the lamp was two yards distant. PERILS OF THE RAIL, Another Accident Through Frozen Snow on the Metals—Miraculous Escape of the Passeng Warentown, N. Y., Jan. 9, 1873. Express train No. 6,on the Rome, Watertown and Ogdensburg Railroad, going north from this place, and which should have left here at nine o'clock last night, was detained by snow and did not reach the city till after midnight. When the train had proceeded north about fifteen miles it was thrown from the track by the ice, which had frozen on the flanges, as is sup- posed. The entire train, consisting of two loco- Motives, @& bageage car and two coaches, went off the rails, The locomotives were badly broken up, and one of them is on its side in a ditch. ‘The train was filled with passengers, and it is sin- lar that no person seriously was injured. ‘The brie is being rapiaiy cleared away, and trains will pass regularly this afternoon, A MASH-UP ON THE MIDLAND RAILWAY, An Inexpericnced Eng! the Accident—Hoe Is Killed Instantly. About dark on Wednesday evening a collision occurred between two extra freight trains, near Newfoundland, N. J., on the Midiand Railroad, Both trains were going ata pretty rapid speed, and the engines were considerably damaged by the collision, All the train hands escaped serious in- jury except one of the engineers named Robinson, who was instantly killed. It was his first trip on the road, he being @ new man, and it was in conse- quence of his tnadvertently running abead of his time that the collision occurred, FIRE IN PASSAIO VILLAGE, Anew barn, belonging to Alfred Speer, the wine merchant, and editor of the tem, at Passaic, N. J., was destroyed by fire yesterday forenoon, Througli the exertions of the Lg nf engine and truck company of the village the fire was pre- vented from spreading, and considerable valuable property was thus saved, Governor recommends @ repetition of that re- | A bill to | for the Vienna Exposition. MELANCHOLY DEATH BY DROWNING. Ihave to record the death of Viscount Dara, Sec retary to the French Legation, who was accident. ally drowned on the 3d inst. Deceased, in cot any With another French gentleman, Mr. Gren Tere ‘Yokohama on Monday last for a pleasure trip. They arrived at Odawarra on Monday evening, and next morning started for Atami, about thirty miles distant by water, in a Japanese boat. Soon after starting @ squall arose, which capsized the boat. Mr. Grenet is an expert swimmer, but the Viscount could not keep atloat. Mr. Grenet swam to him and assisted him on to the upturned boat; bat the | force of the waves again plunged them both over- board. Once moxe Mr. Grenet swam to his friend’s assistance, and again placed him onthe boat. A second time the waves washed the Viscount over- board. But by this time Mr, Grénet was completely exhausted with his exertions, and was the un- happy spectator of his friend’s ineffectual erforts, he himself ene utterly powerlsss to aid him. sce | He saw the Viscount disappear, as well as his servant and a Japanese boatman. Soon afterwards another Japanese boat hove in sight, and the boatmen noticing the disas- ter hastened to lend what assistance they could, but it was too late for the poor Viscount, whose body must have already drifted out to sea, as after a prolonged search they failed to recover it. Grenet was the only person of all on board—there were two boatmen and a servant, besides the two French gentlemen—that reached the shore alive. On the sed news reaching Yokohama the French Minister sent an expedition to the scene of the dis- aster, with the hope of recovering the body, but in vain, THE VISCOUNT DARU ‘Was twenty-eight years of age, and is descended from a very distinguished famliy. His grandfather was on the committee for framing the Code Napo- leon. Fs father wag Minister for Foreign Affairs during the late French war with Prussia. He him- self has held the positions of Secretary of Legation at Madrid and Constantinople, During the late war he was on the personal staf of the imperial “exile of Chiselhurst.”. The Viscount was a very popular man, and his untioely death is universally regretted, ere HATH OF AN AMERICAN OFFICER. Died at sea, on board of the ship Napi from Havana to a Kong, Captain I Strandberg, aged thirty-eight years. 1 Captain Strandberg was formerly an officer in the United States Navy, and served with credit duri the jute war. He came ont here in the United States gunboat Aroostook, but soon after resigned and went into the merchant service, Captain Strandberg died on the 8th of Septem- ber, of hemorrhage of the lungs, His body was buried at sca. FIRST FIRE OF THR SEASON. On the night of the 7th inst. Yokohama was vite ited by the first fire that has occarred this Winter. Fortunately a heavy rain was prevailing, and there was little wind, otherwise a large ie i of the foreign settlement would undoubtedly have suc- cumbed to the fiery element. As it was the con- ae was confined to three houses, Damage about ten thousand dollars; no insur+ ance, WAVAL INTELLIGENOE. Movements of the United States Fleet in the Asiatic Waters. By the special correspondence from Yokohama, Japan, under date of December 7, we have the fo!- lowing report of the movements of the United States war vessels serving in the Asiatic waters. ‘The Colorado is now at Singapore, where Admiral Jenkins leaves her, and transfers his flag tempo- rarily to the Lackawanna. The Colorado from Sin- gapore proceeds to America, via Cape of Good Hope. Admiral Jenkins proceeds from Singapore in the Lackawanna to Calcutta, thence overland to Bombay, where he is to meet thé Hartford, which is to be the ns aoe ot Admiral Jenkins and the Asiatic squadron. The Lackawanna returns from Caicutta to China. The Palos is to come to Yoko- hama for the Winter. The Saco is to remain at Shanghae, and the Asnuelot at Tien-tsin during the Winter. bm menos cy is at Hankow, and the Iroquois at Shanghae. Paymaster J. H. Stevenson relieves Paymaster H. P. Tuttle on board the Lackawanna. Mr. Tuttle has been ordered to the exploring expedition on the Isthmus, and goes to Sau Francisco by steamer of orrow. Ensign Seabury is now at the Yokohama Naval Hospital for medical treatment. Navy Order. WASHINGTON, Jan. 9, 1873, Chief Engineer B. F. Isherwood, United States Navy, has been ordered to special duty at Key West, Fis. Wasutnaron, Jan. 9, 1873. Lientenant Colonel Pinkney Lugenbeel, First infantry, has been ordered to repair to this city and report to the Secretary of War. MAINE OOLLEGE oF AGBICULTURE. ‘Avovsta, Jan, 9, 1873, of the officers of the Maine nual report ne = as seut to the Legis- State College of Agriculture W' 71; freshmen, 32. The stndents are Nay bec anual labor, for whie! ey paid. itlate students - ane on on ba Cermas oe oor t One opriation of $2,800 to build ‘an a) pp Ong fe The. President is Chariea F, Allen, with a full faculty.