The New York Herald Newspaper, January 11, 1873, Page 4

4 A BASTORY OF THE U, P. RR. 0, How the Credit Mobilier Came to Con- trol the Former Corporation. . ‘A Representative of the Herald Interviews Dr. Thomas C. Durant, Ex-Presi- dent of the U. P. and C. M, seueen TA Tt A PLAIN TALK. The Hoxie and Williams Contracts. Ames’ and Alley’s Connection with the Union Pacific. 6 Oe THE NEILSON SHARES. A representative of the MERALD, t the laudable pursuit of bis professional duties, recently called upon Dr. Thomas C. Durant, and had an interview with that oMicer of the Union Pacific Ratlroad, on the subject of the relations of the Crédit Mobilier of America to the former corporation. The result of the conversation, while it exhibits great caution on the part of Dr. Durant in answering our representative's questions, furnished an inside view of the struggle under which the Union Pacific Company labored in prosecuting their work, while, of course, it must be accepted only as a representation of the transactions and relations of the two corporations from Dr. Durant’s stand- point, which, in view of the present attitude of the two corporations before Congress and the country, and his pecuniary and oficial relations to both, is as much as could be expected from him to the public, Without further introduction the inter- view will speak tor itself as follows:— THE INTERVIEW. REPORTER—Dr. Durant, I have called to make some inquiries relative to a suit which you brought Against the Union Pacific Railroad Company in 1867, some of the court records of which have re- cently appeared in the HERALD. There are several matters merely referred to not explained in the tecerds which Ido not fully understand. You will oblige me by a brief explanation. Dr. DuRANT—The object for which this sult was | brought having been accomplished long since, I do Oot see what interest you or others can have in the matter. REPORTER—Public attention 1s just now called to the whole subject of the new Pacific Railroad Com- pany by reason of the extraordinary developments made in the McComb suit, pending in Pennsylya- nia, and the more recent action of the United States House of Representatives on the subject. It is natural that the public should express anxiety on such @ subject. As a Journalist I call upon you, first, as a matter of courtesy, because you have been vice president and general executive oMicer ef the road and have since been president of the company, and held that position, it I mistake not, at the time the important legisla- tion in aid of the corporation took place, and about which the inquiry is now being had at Washington; secondly, you, being the plaintiff in the suit re- ferred to, I deemed it proper that I should consult you. The connection, Doctor, of the Crédit Mobilier with the Union Pacific Railroad Company is ex- citing not only the attention of the National Legislature but of the entire business community. The suit brought by you has an iinportant bearing upen some of the transactions between the two corporations and individuals, and the purpose of | wy interview with you at this time is to obtain, if possible, all the facts from the beginning relating | to the operations of the two corporations, sho | HERALD wants facts. Dr. DURANT—Without admitting your right to inquire into the affairs of a corporation in which you are not pecuniarily interested I will say that Chave no obj-ction to satisty your curiosity, so far as may be proper, but to go Into details would re- quire more time than I wish to devote to the sub- jeet and more than the HeraLp would be willing to give toit; so make your questions as few as convenient, RerorTer—Thank you, Doctor. Then to busi- ness, and I will be brief and begin at the begin- ning, When and how was the Union Pacific Com- pany organized ? Dr. DukaNtT—The commissioners appointed un- der the act imcorporating the Union Pacific Rail- road Company, having obtained the necessary amount of subscriptions, called a meeting of the stockholders for organization and the election of directors on the 29uh day of October, 1863, The amountof stock subscribed was $2,187,000, on which there had been paid an instalment of ten per cent, amounting to $218,700. The vooks of subscription had been open from Nevember 5, 1862, to Septem- ber 26, 1863. The Board of Directors elected by the stockhoiders consisted of thirty members, and bye were appointed by the President of the United States, RerorteR—When was the work commenced by the company ? By. Donarn—Work was commenced as soon as P Ne, and ground was formally broken at Omaha on the 2d of December, 1863, not with any idea that the read could be built under the provi- sions of the charter, as it then extsted, but to show that they were in earnest in undertaking it. They applied to Congress tor aid, and obtained, by the act of July 2, 1864, such additional legislation thereby as was deemed necessary in order to in- sure the success of the company, although at the time the iriends of the enterprise, in and out of Congress, nad little faith that the work could be prosecuted to its completion without further aid irvm the government, RePrortsR—Were Messrs. Oakes and Oliver Ane and Jon b, Alley original subscrivers to the road? Dr. DURANT—NO, sir, neither of them. RerorTeR—W hen did they come into the direction | of the road? Dr. DuRANT—Mr. Oliver Ames became a director in 1866, after 300 miles of the road had been com- pleted. Gukes Ames and John B, Alley became directors sometime subsequent. Rerorter—Was the road being constructed at | this time and ander what contract? | Dr. Durant—The ar were doing all they | could, withoyt any general contract, under the | supervision Of their engineer, and continued to do 80 until they had exhausted all their funds and were largely in debt, and it was found impossible to let smali sections of the work to responsible contractors without some guarantee ether than the obligations ef the company for payment. RevorTer—It was at this time, was it not, that the Crédit Mobilier came in with the Hoxie’ con- tract, about which so much has been said; and is it not @ fact that the Crédit Mobilier, of which I be- Ueve you were one of the incorporators, was or- ganized to operate wholly within and for the Union Pacific Railroad Company ? Dr. Dukant—No, The connection of the Crédit Mobilier with the contract for building a portion of the Union Pacitic Railroad was purely acci- dental, and was brought about by force of circam- stances which rendered it absolutely necessary to eall to aid in the prosecution of the work some such organization or to abandon the enterprise, And this was not done until leng afterwards, as you Will see upon looking at the schedules in the ult of 1867, already referred to. Rerorter—Have you any objection, Doctor, to state what circumstances you refer to or in what way the Crédit Mobilier mpany became con- nected with and held the Union ic Ratlroad Cempens, #0 completely under its control during the construction of the road, or is that a delicate question? I believe you were President of the cor- poration dering most of the thine that the road was i Argan jr. DURANT—YOU are the first reporter I havi seen who would hesitate abou he any | question. I was President of that corporation from the time it assumed the Hoxie contract until ite completion—in fact, during the whole time the Crédit Mobilier had any voice in or con- trol of the construction of any portion of the Union Pacific Railroad, and will say to you distinctly that during the whole time there ‘Was not a transaction that the Corporation need be ashamed of, or which its managers are not per. fectly willing should be made public. 11 had no contract west of the one hundredth meridian, at which point the “Ames Contract” commenced, that being managed by seven trustees, as appears fully in the copy of contract and assignment alreavy ublished in the HERALD, The circumstance whica | tothe use of the Crédit Moviller in the con. | struction of the road are, I think, sec forth in the | Court gecords, which you have; if not, I will ex- | ain them as fully as you desire, You must know that the public are éntirely ignorant of the truc state of the case, aud you ail think you SOURS B “FoerTS'A DESL La basse Homi neins NEW YUKK HERALD, SATURDAY, JANUARY 11, 1873.—1K1PLE SHEET. whereas, upon investigation, you will not find material enough to farnian awren with a tempo- rary habitation. Ireferto all transactions up to the time the contract with the r was completed, and during which 1 was its President. At tho Sites sad ceeeme, te wean, ane cota ny were strugg! ep 1e Cons! of the Toad, gommnltioe, nf ted (I think on the 1 tons to let the work ey had received of that com- the tion t i ft nate proposition to build miles 0: copy of which has appeared in the HERALD. No member of the committee had any knowledge that the samo was to be made, either did any member ot the Board except myself know it, to my knowledge, After it was made Mr. Hoxie was disposed to with- draw the same, but knowing the impertance of adopting some pian that would enable the com- pany to po pn work I urged Mr. Hoxie to let it remain, and offered to guarantee him against loss if he retained i trusting that some of the sub-con- tractors would Jein him, which, with others who then proposed to join, would bring money or credit enough te the concern to ensure the completion of a section of the road, on which the company could obtain the government bonds ene issue thelr own. ‘The proposition was made on the 6th day of August. ‘The accepted proposition waa modified in some particulal id, as Mr. Hoxie was obliged to leave at once for the Wost, be constituted Mr. H. ©: Crane bis attorney with power to act for him. ‘This contract was sub- sequently extended to the 100th meridian, a distance of 247 miles. It soon became apparent that contractors had no faith in Deine able te carry on the work under altthe adverse circumstances, and that something must be done at once. I then procured, an agreement from Mr. Hoxie to assign he contract te me, or any parties I might direct, who wouid furnish the necessary {unds to carry out ita requirements, A ry ot this document has also appeared in the Hekatp, On the 7th of Octobe? @ subscription was started to raise $1,600,000 wherewith to carry out the contract, and the parties thereto being interested in the contract to the amount ef money they put into the same. <A copy of this subscription appeared in Monday's HERALD, 1t was not, 1 think, until December that the required amount was made up and notice given to Mr. Hoxie. In the meantime the work had been progressing, although the con- tractor had been obliged to raise funds for the same by assigning his interest in the contract, subject to the agreement, of course, to assign on notice. Payments of the first instalment were. made, and the work pushed on; but when calls were made jor the second payments many who had become in- terested refused to respond. The prospects of their ever receiving their money back were 80 deubttl, the future looked 0 . gloomy, that it was impossible to enlist capital, und the reason given by those who were already declining to pay up was that the risk was too great. As it then stood all who put money in were simply general copartnera and were liable for all they were worth in case of failure. While they were willi to risk ten, twenty, or a hundred thousand dollars, as the case might be, ina venture of this kind, ordinary pru- dence would dictate the. wise ceurse of stopping the work rather than go on as general copartners. it was then that the partiea interested sought some way whereby the risk of having an interest in the contract might be limited to the amount of money subscribed, and finding the Orédit Mobilier a corporation already erganized availed themselves of it as the means of overcom- ing the objections and making no party liable ex- cept for the amount of stock subscribed. The capi- tal was made $2,000,000, all cash, and subsequently increased. The whole plan was to allow each sub- scriber to restrict his llabilities aud te carry out a contract the resuits of which were sodoubtful at the time that parties could not be found to take nore than # limited risk im the same. The agrec- ment with the Crédit Mobilier was not made until March, 1865, a copy of which you also have. REPORTER—Was not the price paid for the con- struction of the road under the Hoxie contract excessive? Dr. DuRANT—Not by any means, I doubt whether it would have been taken by any other parties in the United States upon the same terms, ‘The work of construction of the part of the road embraced in this contract was heavier and more expensive than upon the 100 miles next west thereof. The excavation alone on one section of thirty miles was greater than upon the 100 miuvs next west of the 100th meridian. Gold at the time was worth 145. country was involved in a costly civil war. Iron Was enormously high, laborers scarce, ne railroad communication through lowa. The currency bonds to be issued tothe company by the government were of doubtful value; the bonds of the company were ungaleable, and a geveral belief prevailed throughout the country that the time was not far distant when the road would be finished, if at all. The time for the construction of the line to the 100th meridian was limited, else the company for- feited the right te subsidies beyond that point, KEPORTER—You say, Doctor, that the Crédit Movilier Compuny was not organized Vegi to operate within and contro! the affairs of the Union Pacific Raitroad Company. Will you let me inquire whether the former corporation ever did any busi- ness outside of the Union Pacific Company ? br. Dunant—I never did, KerorteER—II it is a fair question, Doctor, was it not the policy of the Orédit Mobtlier to rely more upon the credit of the Union Pacific Railroad Com- pany than upon its own resources; and, if so, was not the Crédit Mobilier, as operated by the Ames, Alley, Bushn Williams ring, @ constant absorb- ant of the government subsidy bestowed upon the onion Fapins, and which constituted its chtef capital r. DURANT—The Crédit Mobilier in the first in- stance used her capital; afterwards the securities of the Union Pacitic Railroad Company became available, RerorTeR—Was it the usnal practice for a cer- tain number oi gentlemen who were stockholders and directors in both companies to vote all profit- able contracts, like that of Williams and Oakes Ames, into the iap of the Crédit Mobilier Ring? Dr. DURANT—NO such resolution was carried out to my knowledge. RePoRTER—I do not refer to any resolution in particular, but to the action taken tn a meeting of the Union Pacitic Railroad directors with reference te the Williams contract and how it was obtained, I should be glad, Doctor, to learn your opinion of the alleged Congressional bribery exposé con- tained in the memorandum given to Colonel McComb by Oakes Ames, a subject now under con- sideration befere a ittee of the United States House of Representativ Dr. DuRaNt—The testimony of Mr. Ames before the committee will probably settle that question. ReErORTER—You speak with positiveness, Pra; ot you teil me if you knew what Mr. Ames testi- tied to? Dr. DURANT—I base ay judgment upon the sup- position that Mr. Ames has sworn to the truth. “ REPoRTER—Is it a fact that Mr. Ames was al- lowed to dispose of the stock of the Crédit Mobilier without accounting for it fully? Dr. DuRANT—Mr. Ames had some of the stock to distribute among his friends at par, I think. Rerorter—Is it a fact, Dr, Durant, that Oakes Ames professed to distribute Crédit Mobilier stock toCongressmen and others, which stock is still charged to him, and which he has never satisiac- torily accounted for to the company? Dr. DukaNT—Most of the stock referred to has ined on the books in the name of “Oakes , trustee’? ReEPoRTER—-Doctor, in the list recently published in the, HeRAcp of the stockholders of the Union Pacific Railroad Company and Crédit Mobilier of America, the name of ‘Charles H. Neilson” appears twice—once as the holder of fifty shares, and again as the bolder of 100 shares of Crédit Mobiller. Do they refer to one and the same man, and is he the | sen referred to by Congressman Brooks as is son-in-law ? Dr. DuRANT—The 100 ana the fifty shares referred to stand In the name of the same party. REPORTER—Will you let me ask you, Doctor, if the large marginal profits which followed the deliv- ery of this stock to Mr. Brooks, or his son-in-law, was understood to be a consideration for services rendered or expected, and, if either or both, were they Congressional or journalistic services ¢ Dr, DuURANT—That is mot @ proper question for you to ask. REPORTER—Have you any doubt, Doctor, that Oakes Ames gave Colonel McComb the list of names of Congressmen alleged to have received stock in Crédit Mobilier which was published ? Dr. Durant—I presume such a list was given, REPORTER—What bef of stock does Oakes: Ames ert that he distributed to the lobby, ia Congress or out ? Dr. DuRaNT—I do not know. REPORTER.—Doctor, do you believe that all the parties in shington towhom it Rh been re- | a that stock was given for purposes of bribery y Ames, Alley & Co. ever got any of it ? Dr. DuRANT—You ought to interview “the par- ties in Washington” on that subject. They can answer that question better than J can, RePorTER—If it sould eventually appear in evidence that the great Crédit Mobilier stock carriers, like Congressman and ex-OCongressman Ames and Alley have not parted with the quota confided to them for distribution, what is that cor- poration going to do about it? Dr. DuRaANT—I suppose they will require it to be given back to the company. Revokrer—You have served as president, vice president and executive officer, or as a director during most of tbe time since the Union Pacific Railroad organized, have you not, Doctor? Dr, DuRaNT—I was vice president from the time | Ne pect until the last rail was laid upon the 0 ad. The interview closed at this point and the Doctor Tesumed his cigar, evidently fecling relieved in lis mind on tue subject of Crédit Mobiller, Another Interview with Dr. Durant— He Has Not Been Subpenacd Before the Committee. A representative of the Hrratd calied upon Dr. Durant yesterday and had a brief interview with him concerning the immediate situation. The fol- lowing was the result;— RePoRTeER—WII you inform me, Doctor, if it be true, as reported, that you have been subpoenaed before t e committee of the United States House of | Kepresentatives to testify relative to the aifairs of the Union Pacific Railroad Company and the Crédit Nobtier of America ? Dr. DURANT—I have not been subpenaed before ihe committee, and I do pot think that | could be Of any service. Keronren—You will discover ere long, Doctor, that the committee will differ with you in opinion On that subject; but we ask you another question, Pa Nee Amik UY WOH Ye Yeas ow aeeag lo Oakes Ames, and, if a0, what 1s your judgment rela- fiveto thelr re} ‘oben sous Dr. Dugant—I have not read their testimony in full and prefer not to express an opinion at present, REPORTER—Can you inform me, Doctor, if the report is true that suits have commenced in this city against James Brooks and Oakes Ames for the recovery of shares of the Crédit Mobilier stock, and if so, for what number of shares in each sult, and has 5 somamons been served upon the partica name Dr. Durant—Whatever suits may be in contem- plation or have been commenced are matters of a delicate nature at present, being interests between the parties concerned, and aro not the property of the public until they become Court records. RaePortER—I see that I shall have to wait until Judge Poland, of the Washington committee, sub- jects you to one of his searching judicial examina- Fleas. Good afternoon, Doctor! ‘So ended the in- rview. LITERARY CHIT-CHAT, See amemmeriamemmeniae ‘Tum 8: leading literary magazines of the United States—namely, Harper's Monthly, the Adantic, the Galaxy, Scribner's Monthly, Lippincott’s Magazine and Old and New—circulate an aggregate of over 250,000 copies, and are read, probably, by upwards of two millions of readers. J. B. Lrpprncorr & Co, have nearly ready “A New Dictionary of Pootical Annotations,” covering tho entire field of British and American poetry, from the time of Chaucer to the present day, with a variety of useful indicos, both authors and sub- jects alphabetically arranged. By S. Austin Alli- bdne, LL.D, Mrs. Saran LANDER, @ sister of the late Goneral Lander, died a few days since at Salem, Mags, She had fine literary ability and taste, particularly.in juvenile literature. Of her series of sketches of foreign countries, published under the title of “Spectacios for Young Eyes,” 35,000 copies have been sold. THE BazaR StooK ComPANY have offered Frank Lipperheide, of Berlin, 250,000 thalers fer his paper, the Modenwelt, The negotiations lave not yet been concluded, as the Modenwelt refuses to sell out for less that 800,000 thalers, It was thought the Bazar will make its own bargain in a few days at most, ‘This famous fashion jourual of Germany was the model for Harper's Bazar. Miss GoULD's “‘Marjorie’s Quest” gets from the Atheneum the praise of being full of interesting incident and “the most delightful children with whom we are acquainted.” The same journal pro- nounces Hopkins’ illustrations to the work to be “soratchy in execution,” and the figures like sim- pering wax dolls. “ENIGMAS OF LiFE,’’ by W. R. Greg, is one of the most eloquent, forcibly written and thoughtful books ever produced on ethical subjects. “TRAVAUX PUBLIQUES, DES EraTs UNIS D’AMER- IQUE EN 1870,” is the title of the oficial report by M. Malézieux, Chief Engineer and Professor at the Ecole Nationale des Ponts-et Chaussées, just pub- lished at Paris, by order of the Minister of Public Works, PERoy Fitzegraup’s “Life of Alexandre Dumas’ is an elaborate endeavor to prove the famous French novelist a quack, a monstrous plagiarist, a despicable adventurer and a dishonest man. It is true that Dumas organized a firm of novel writers, and produced novels by the wholesale through ether men’s pens, which were published as his own. But then he candidly,avowed this, and did not attempt to conceal his numerous bor- rowings and even plagiarisms. According to Mr. Fitzgerald, out of the hundred or more books pub- lished under his name, Dumas had a distinct claim to only three works—The ‘‘Count of Monte Cristo,” “Mademoiselle de Belle Isle,” and “Un Mariage sous Louls XV." This is carrying matters rather far; and though -this biographer undertakes to show up M, Dumas as the greatest literary quack who ever appeared on the face of the earth, more candid students will recognize in him both genius and merit, A Work by General Trochu, entitled “Mes Mé- moires Militaires,” contains some curious details respecting the French campaigns in Italy, Africa and the Crimea. Dr. STILLMAN, who testified to Mrs. Fair's insan- ity, was asked if he ever read ‘Stobel on Insanity,” He said he had, aud was then told that there was no such author—which ts the fact, THE AMERICAN SPECULATORS who engaged 1 mund Yates and Mr, Froude as lecturors are said to have lost by their enterprise. “Huan NoBLk’s FLicat,”’ a late English novel, is written in the purest Carlylese. So says the Atheneum, and adds that the story is full of insight and observation and keen analysis of character, spite of the rugged and grotesque manuerism of the style. Tuk ATHENEUM mildly denounces Mr, Edmund Yates’ last novel, “The Yellow Flag,” as a “care- less,” “weak” and “ghostly” regulation three- volume novel, the work of a man wio ‘could, if he chose, write a better book.” Tuat literary coxcomb, the late Prince Puckler Muskaw, has been biographized—not at all to his honor—by Miss Ludmilla Assing. JANE AUSTEN’S works, the delight of a former generation, are now regarded as classics in the school of sober, yet accurate observation and humor, of which Miss Evans, George Eliot and Mr, Anthony Trollope may now be said to be the chief exponents, But Miss Austen’s novels differ from both; fer, while equally delicate in depicting char- acter, her books are free from the sadness and un- derlying depreciation of humanity which too fre- quently distinguish the first or the satire on the grasping meanness and littleness of mankind which pervades the other. HORSE NOTES, Mr. M. H. Sanford has purchased the bay stal- lion Gieneig, together with the brood mares Ulrica and Finesse, from Mr. Belmont, for $15,000, Glen- elg will go out to Kentucky immediately to be bred to Mr. Sanford’s Lexington mares. ‘The entries for the Dixie stak to be run at Baltimore in 1874, number sixty-seven, A race has been made between the trotting mare Rosalind and the California horse Occident, mile heats, best three in five, to come off about the mid- dle of February over the Bay District Association Course, and another race over the Oakland Trot- ting Park a week or ten days after the other. The above races are announced as matches for $6,000 a side each, The American Jockey Club will close the follow- ing stakes on March 1:—Tie Hunter Stakes, a sweepstakes, to be run at the Fail meeting of 1874, for fillies then three yeurs old, one mile and vhree- quarters; the Fordham Handicap, one mile anda quarter; the Jockey Club Handicap, two miles, and the Westchester Cup, twe miles and a quarter. To the Westchester Cup there haye been added some new penalties; the winner of any single race amounting to $2,000 to carry three pounds; of $3,000, seven pounds; of $4,000, ten pounds extra. This will penalize all the best horses in the country with the ten pounds extra, The Louisiana Jockey Club will give a six days’ race meeting in the Spring and add over $15,000 in money. It is said that the well known hurdler and steeple chaser, Milesian, will be sent to England shortly by his owner, Mr. Bannatyne. Milestan will be found at heme in the best company om the other side. OOOPER INSTITUTE, Prosperity and Usefulness of the Library and Free Reading Room, The Secretary of the Cooper Union has issued ao report detailing the recent operations in connec- tion with the Free Reading Room of the Union. The Reading Room has been now opened about fourteen years, and with each year its usefulness | and prosperity have steadily increased. The Réading Room is open from half-past eight A. M. to ten o'clock P. M. Itisopen to all with certain restrictions, Drunkenness, filthiness and disor- derly conduct wii not be tolerated, and those Who are guilty of them cannot remain in the rooms, It is proposed to adda free circulating library to the reading room, and aw endowment has been already made by Mr. beter Cooper for that purpose, There are at present 277 periodicals and papers on file, foreign and domestic. The librarian reports 84,968 persons as having entered the Reading Koom during the past month, 1,060 of whom are females. These visitors, in addition to the use of the papers and periodicals, called tor 9,207 books and 1,410 mag- azines, The library also contains directions, m the weather charts of the United States Signal Service, the post-route maps of the dierent States and the Patent Oflce Reports. The namber of visitors during the past year has beea greater tan a betel ve at ree ginn vlede MRS. WHARTON. Counsel for tho Defence Resolve to Go On and the Continuance is Set Aside. MRS, CHILTON FAILS TO ARRIVE. Appearance and Reception of Mrs. Wharton in Court, ———— Fifth Day of the Trial and Only Five Jurors Sworn. Judicial Decisions as to the Opin- ions Jurors May Entertain. —-+ MRS, WHARTON’S ANXIETY FOR A VERDICT ANNAPOLIS, Md., Jan. 10, 1873, When the Oourt adjourned yesterday afternoon, with the understanding that the suspended con- tindance of the State ve. Mrs, Wharton should be made @ rule in the event of the non-arrival of the missing witnesses for the defence this morning, it was unanimously decided that the matter would go over. Witnesses from a great distance bright- ned up wonderfully at the prospect ef spending Sunday at home and AT PEACE WITH THE DREADFUL LOOMING PROB- PECT of being obliged to give evidence in open Court, almost altogether cleared from their horizon. It was not @ sagaciéus motion of the detence that created the emergency, as the sequel has shown. Mrs. Chilton has not arrived, and the trial goes on without regard to the hitch in the proceedings. It is understood that Mrs, Chilton promised and fully intended to be in Annapolis last Tuesday, but Judge Mason, of this city, whose cousin she is, telegraphed her at Richmond, Va., that she would not be needed before Friday, and in all “probability the trial would not reach the stage at which she was to testify under a week from that time, so she did not come. When the ingenuity of counsel had been exhausted in testing the validity of the indictment and preliminary steps of the prosecution the non-appearance of Mrs. Chilton came to the fore, and Judge Mason, in a state of almost ludicrous excitement, made such explana- tion as he could, anddid everything in his powe: to have s THE CONTINUANCE TILI. NEXT TERM SET ASIDE in favor of simple adjeurnment from day to day, alleging his belicf that he ceuld have the lady here this morning. To that end telegrams were sent to Richmond and elsewhere to secure her presence at Court to-day. If counsel for defence had insisted on continuance or refused to agree with the State in clearing the records of the entry as ordered by the Judges, we should already have heard the last of the Wharton case, for it never would have come to trial. But Mrs, Wharton desires some- thing more than mere escape from the imprison- ment the Medical College is trying to force her into, She must be vindicated; her good name must be FREED FROM THE IMPUTATIONS OF ORIME 80 liberally bestowed; she must be heard and her mnocenee as widely proclaimed as the charges brought against her have been, and though the result leaves her penniless it will not be a barren victory, for it spares that which is dearer to her than foriune—a spotless reputation. She there- fore deprecates the advantage which a guilty per- son would have seized with avidity to go unwhipped of justice, and hér wishes prevailed with her attor- neys. The able gentlemen who appear for the State, Messrs. Attorney General Syester and State’s Attorney Revel, would have seized with avidity the chance to let her go. The able gentlemen who represent the State would have been personally delighted had no steps been taken to dissolve the order of continuance, for they WOULD HAVE BEUN RELIEVED OF A DISAGREEABLE TASK, Had the cage gone over it would, like all pro- tracted triala, been regarded as an acknowledg- ment on the part of the State as a weak and un- certain prosecution, and the prosecuting attorneys could not, consistently, have called the case up for certain defeat. As it is they take no stock in the hopes of the Medical College that she will be con- victed, and Know well enough that if convicted the Court of Appeals would reverse the verdict half a dozen times on _ half a dozen exceptions taken by counsel for defence, The impression that the trial had for the time ended gained such ground that only half a dozen people, having nowhere else to go, straggled with shiftiess gait into the Court House at half-past nine this morning. The day was too bright and warm ww admit of an active man’s being cribbed in the confines of a court room, unless imperative neces- sity chained him down. Some of the court officers themselves made slow haste to their duties, and lingered in the sunshine till long after the hour set for opening; so ‘THE COURT WAS NEARLY DESERTED when the old crier made his prociamation, from the Oh, yes! to God to save the good State. Punctual to the minute the close Neg drew up at the Court House gate, and Mrs. Wharton and Nellie, accompanied by Mrs, Neilson, alighted, and Judge Welsh was on Hand with his arm to escort the ac- cused to her place within the bar. Mrs, Wharton was dressed precisely as on the preceding days. The ladies moved quietly and quickly to their seats, and were warmly greeted by the counsel for the defence and several friends who were waiting for them, The first in- quiry was for Mrs. Chilton, and the friends of Mrs, Wharton were glad the lady had not arrived, for it must naturaliy be alittle to the prejudice of her case that a whole week had been exhausted with- out a jury being empanelied, solely through the ques- tions raised by her counsel, Those learned gen- tlemen have done naught but their duty in MAKING MOTIONS AND FILING EXCEPTIONS, but in some minds the impression, though errone- ous, Must be formed that the defence are procras- tinating tn fear of the issue, and those who sympa- thize with Mrs. Wharton were anxious that, at all sacrifice, the trial should go over, and thus end the ossibility of her being convicted, The advice that her counsel should stand firm for continuance did not prevail, notwithstanding the apparent preju- dice to her case from delay, and when the Judge di- rected the calling of the jury it was understood that the trial should go on and that the motion to annul the continuance would be made by the defence after formal opening. Judge Miller asked Mr. Thomas if his witness, Mra. Chilton, had arrived, and was answered that the train coming down the junction, and due nearly an hour before, had not arrived, and the delay was owing to an accident that happened to the down express, which had run off the track a few miles this side of Baltimore, When the train was announced to have arrived, Messengers were despatched to Judge Mason and to the Maryland Hotel, to ascertain WHETHER OR NOT MRS, CHILTON HAD COMF, and, on finding that she had not, the counsel for Wharten held a consultation, which resulted in Mr. Thomas rising to Inform the Court that they had decided to ask for the annulling of the order of continuance and leave to proceed. He said Mrs, Wharton desired them to have the case pushed a: rapidly as possible, and rather than have the im- mutation rest upon them of ende: ree to stave The triai off they would try the case without Mrs. Chiltor, Me trusted she would be in the way when her testimony sheuld be called for. No objection or observation eatin from the prosecution both sides were asked if they were ready to proceed, and both answered ready. Tie Court then directed that THE SELECTION OF THE JURY shonld be begun, The first name called was Theo Connor, in fesponse to which a well-dressed, sub- stantial and sataltigent looking. citizen stood up. ‘The defence requested that the jurors be put to personal tests, in compliance with which the voir dire was ordered. Mr. Connor was interro- gated by Judge Miller :— Have you formed or expressed an opinion con- rey A guilt or innocence of the prisoner? A. Ihave. . Do you entertain it now? A. Ido. . From what or upon what was that opinion formed? A. Hearing people taik abowt the case and from Feaning the newspa} Q Is tls opition such as would prevent you from giving an impartiai verdict between the State and the prisoner When you hear the testimony de- livered by the witness and from the stand? A. I fraid it is, Wis set aside for canse, The same questions in the sa der were put to each succeeding juror as fe © Thomas H. Hodges was caiiod, and as he had formed no opinion was declured a competent juror, Lie was passed by the State, but chatlenged by the defence. Dennis @ Thompeon had forme an opinion, but as it was not suck as would influence Cm wre i Sa ew | be collected from the owner. evidence to be yhe was declared competent, ‘accepted a ‘osecution and defence, an sworn in, Mr. Thompson is @ merchant and Justice of the Peace, fine-look! 5S ess tted to pase and appears to be every ment upon even mattors are involv in the tal, Samuel &, Duvall had the dist ished honor of being as ove He declared @ from bias, had expressed no opinion one wey or another about id exiremned 0 @ Court decided him com, acme “ ‘THR 87, LLENGED HUM. Mr. Thomas destred to place on record the ex- ception of the detence, as follows :— In the exercise of the tof the ition to chal- longe, State vs, WI at of exceptions im th fuethe rf rf Sri eerie te teratriets one ea wae SUpFOs ay then the ro- geoded, te os jurors, and among Samuel wi was oxal voir and pronounced by the Court a competon Jurors pe ah op hy peop etd bi iis ela eae taRavtec id are A sa fs them his but the Court overrnies cnationgy to aval and" Ges ey an Capeh atte, and he was Spore eye nd, ied Funny, ine RoR ter cy he Bxcdptions, which fe Gao accordingly this 10th day of January, To support of this action tod out herexorere the prosecution had PD, ‘2 a & pects that 1] Baltimore, and that by virtue o! te to challenge @ juror, Recently, however, an act the Assembl had given that power to the Stators counsel; but it must be taken into consideration that the law had been enacted since the indictment of the accused, To allow the State’s Attorney priv- Bete, under the act would, therefcore, be to assign 0 AN BX POST FAOTO POWER, whioh, under the constitution of the United States, cannot be tolerated. The Court, as in all previous instanges in this trial, overruled the motion, al- lowed the sere tae to be filed and Samuel EF, Duvall was set aside, The counsel for the State contented themselves with carrying their point and made no argument in opposition. John F. Elliott had formed an opiuion, but gy such as would remain unshaken by evidence. in answer to the query as to his ability to disabuse his mind of former or prenene impressions, he answered in- directly that he thought he was not positive; that he did not know whether he might or might not be able. Mr. Hagner, of defence, addressed the Court. He thought THE MIND OF THE JUROR SHOULD BE A PERFECT BLANK, that a suroty might be felt that he would render an impartiai verdict. The a a ka is an important one and should be settled as soon as possible. He would rather have raised tne question as a general one instead of im this particular instance, and it was without any intentional disparagement to the juror that he desired some action at this stage, JUDGE MILLER’S DECISION was that an opinion formed frem reading news- papers, which was go slight or of a nature which would not influence the juror despite the evidence that he would hear, should no! disqualify hin, Wharton’s “American Criminal Law” being sent for, Judge Miller read from # decision by Chief Justice Taney, page 1,070:—If the juror has formed. an opinion that the prisoners are guilty, and en- tertains that opinion now without waiting to hear the testimony, then he is incompetent; but if, from reading the mestenanets or hearing reports he has impressions on his mind unfavora- bie to the pre auer, but has no opinion or preju- dices which will prevent him from doing impartial justice when he hears the testimony, then he is competent.” Mr. Elliott was recalled and re- questioned; to the first question he answered “ves,” tothe third that it was formed from at- tendance on the trial of Mrs. Wharton for the al- leged murder of General Ketcham, and from read- ing comments in the newspapers; and to the fourth that he theught his opinion disqualified him. He was set aside for cause. The next two jurors were accepted, Thomas A. Phelps, farmer, had not formed an opinion, was declared competent, passed and sworn, He is a middle-aged, well-to- do, intelligent son of the soil, and, judged from appearances, a fair man. Thomas FP. Arnold, farmer, had formed an opinion, but not a firm one or one calculated to stand against evidence. He was sworn like the gentleman preceding him, He isa One sample of a landowner, living a quiet, peaceable life, having large views and an eye to the main chance. In reply to the first question he said, “Ihave formed an opinion, put not such a one as would prevent me from giving an impartial verdict.” To this combination of answer THE DEFENCE OBJECTED in the following document :— State va, E. G. Wharton—Sixth bill of exceptions.—In the fourth progress of this cause the clerk called Thomas P, Arnold to the book, he belng a juror on the regular panel, and the said juror was sworn and put upon his voir dire aud examined by the Court, who asked him whether he had formed or expressed an opinion as to the guilt or innocence of the accused of the matter for which she is indicted, to which question he . replied that he thought he had He was then further asked by the Court whether he entertained that opinion now, to which he replied, “Not so far as to prevent me from giving an impartial verdict according to the evidence.” whereupon tle Court decided that the juror was competent and directed him to be sworn ay such unless the State or defendant should chal- lenge hin peremptorily. To this ruling of the Court the accused, by her counsel, excepted and prayed the Court to cign dnd seal this hex sixth bill of exceptions, &c. Amos R, Harmon was challenged by defence; Louis A, Clayton was set aside for cause; W. H. ‘Thompson for cause, and then THE FOURTH JUROR WAS SECURED in the person of Edward Taylor, a farmer, quite young and bearing marks of intelligence; William D. Stewart was set aside for cause ; joseph J. Tate was challenged by defence; Joseph Shepherd set aside for cause, and Stephen Beard was plucked by the prosecution; Walter Phelps, —_ farmer, a hard, iron looking man, with a furrowed face, sunburned skin and Herculean build, was accepted by the Court and both sides and sworn. His face ‘in re- pose is stern and betrays inflexible and unyielding nature, but he has a kindly smile and frank eye that relieves the sternness of his features, THE THREE JURORS REMAINING ON THE PANEL, Benjamin Watkins, Edward Powers and James An- drews, were challenged by the defence. So much expedition was used that the panel was exhausted alf-past eleven o’clock, and the Court, aftera charge to the five chosen jurors aud ordering a new panel to be drawn, ADJOURNED till ae pene nine to-morrow. There could be nothing further done to-morrow in Mrs. Wharton's case, as the Sheritf could not by any p reach the jurors drawn in time, some of them liv- jug twenty miles away in different directions. The witnesses and all others interested were di- rected to be in attendance at half-past nine on Monday morning. Mrs. Wharton went away, the spectators left the Court to the Judges and lawyers, and the tirst.week of Mrs. Wharton's trial for an alleged attempt to poison Eugene Van Ness was ended, ossibility TREASURY CIRCULARS. pee SN LEA. Instructions for Collectors of Customs and Others—Tie Rule for Weighing Iron Modificd—Dutiable Value of Im- ported Merchandise, WASHINGTON, Jan, 10, 1873, The foliowing circulars were issued irom the Treasury Department to-day :— WASHINGTON, Jan. 9, 1873, To COLLECTORS OF CUSTOMS AND OTHERS :— It having been shown by experience that as the rule adopted by the Department on the 7th of June, 1869 (Synopsis of Decisions for 1869, No. 401), for ascertaining the weight of railroad tron, for assessment of duty, does not produce accurate results, owing to a lack of uniformity in tne weight of the bar a modification of the same is deemed necessary, The said rule decides the weighing of sufficient num- | bers of bars from each invoice of imported railroad iron when entered to ascertain the average weight thsreof, the counting of the whole number of bars and the return of the weight so ascertained by the Customs weighers in the same manner as in the case of other eG ore Merchandise; also, that railroad iron withdrawn for export should be deemed weighable merchandise; that the weight should be ascertained in the same manner, and the fee of three its per 100 pounds, provided by law, The said rule is hereby modified as follows:—The weight of each invoice of railroad iron or steel rails hereafter imported will be tested in the manner prescribed in said rule of June 7, 1869; but if the weight as shown by the return of the weigher does not vary more than one-half of one per cent from that stated in the invoice entry it will beiquidated at the invoice weight. In case a greater variation from the invoice weight ts sown the whole qaan- tity embraced therein will be weighed. Whenever the entire quantity of railroad iron or steel rails embraced in an invoice is withdrawn tor export no rowelguing need be had; but in case of the with- drawal of less than the entire quantity the whole amount so withdrawn will be weighed. You will be governed baoagy GEORGE BOUTWELL, Secretary. TREASURY DEPARTMENT, WASHINGTON, | Jan, 8, 1873, f To COLLECTORS OF CUSTOMS :— The following instructions are hereby issued for the guidance of officers of th ous ports of the United States Whenever any goods, wares or merchandise shall be Imported into the United States by the manu- facturer or producer thereo!, or which shall be by him consigned to an agent for sale; or when the appraisers shall be of opinion that the invoice of any goods, wares or merchandise imported does hot correspond with the market value of such goods, wares or merchandise in the princt- al markets of the country of exportation, al- Though such invoice may state the true cos such goods, wares and merchandise, be the duty of the Collector to be ascertained the actual market value of such goods, wares and merchandise at the principal markets of the country atthe time of shipment and assess the duties accordingly. But in cases where such goods, wares or merchandise have no actual market value in such principal markets the dutiable value shall be fixed by reler- ence to the cost thereof to the producer or manu- factarer, or by reference to the cost to other par- ties in such principal markets uf goods, wares and merchandise most similar thereto. And there shalibe added to the value so ascertained the usual amount for profit, and also for the costs and damages mentioned in the ninth section of the act 8, 1886—said dutiable value to be ascer. tained by the proper omcers of Garaad oe Meda W | CONGRESS. Another Orusete Against Intemperance—The National Banking Act—Beck, of Ken- tucky, on Ccntralization. SENATE. WASHINGTON, Jan. 10, 1873. On motion of Mr. Wrigur, (rep.) of lowa, $1,000 was appropriated to pay the expenses of the select committee to Investigate the charges againat- Senator Clayton, of Arkansas. ‘THB ABOLITION OF INTBMPBRANOB, Mr. Witson, (rep.) of Mass., introduced, by request, @ hill to provide for the appointment of ® commiasion on the subject of prohibitory \ lation for the suppression of intemperance, ferrod to the Committee on the Revision of Laws, MORE LEVELLING DOWN IN THE ARMY. . Mr. Ames, (rep.) of Miss., introdacea ®& bit to repeal certain provisions of the law relating to’ the organization of the army, The object or the bill, hé satd, was to open all branches of the army to all citizens alike, without regard to race or color. Referred to the Committee on Military Affairs, SUMNER’S BATTLE FLAG BILL REPUDIATED, The Viox PRESIDENT presented resolutions of the Legislature of Massachusetts remonstrating againat the passage of the bill which prevides that the battles with fellow citizens shall not be centinued in the Army Register or placed on the regimentat colors of the United States, which were ordered to lle on the table and be printed. On ne aT am of Mr. Mot ol mittee on Privileges and iéctlons obtained leave te Sit during the session of the Senate, while investi- gating the charges against Senator Caldwell, of THE NATIONAL BANKING Aor. ‘The bill to amend the National actand to provide for a return to specte payment was taken up, and Mr. BuckineuaM, of Connecticut the Senate at length in advocacy of it. The bill was then referred to the Commiitce om ri and the Senate resumed the considoration of the INDIAN APPROPRIATION BILL. The question was on the amendment offered by Mr. Stewart. yesterday, proviain for the appolnt- ment of inspectors of indian rs, which was debated aud amended and finally adopted. The amendment provides for the appointment by the President of a suiliclent number of inspectors, not exceeding five, to hold efMfice for four years, unless removed by the Presideat, and to receive $3,000 a year each and necessal travelling expenses. The inspectors are te vi each Indian superintendency and ieee as often as twice a year end to investigate all matters per- taining to its business, and each inspector shail have power to examine books and papers, to ad- minister oaths and examine all oficers, employés and such other persons as he thinks necessary. The inspectors, or any of them, shall also have power to suspend any superintendent or agent, and to fill his place temporarily, subject te the posal of the President, and shall have power, by instituting judicial oterhernery to enforce the laws and to prevent violations of law in the ad- ministration of the affairs ef the several agencies and superintendencies, 80 far as practicable, Bach Uric is fo be visited by different inspectors alter-- nately, On motion of Mr. THURMAN, the appropriation for the Yankton Sioux was reduced from $1,000,000 to 900,000, The bill was then passed, and the Senate, at twenty minutes past five, adjourned until Monday. HOUSE OF REPRESENTATIVES. WASHINGTON, Jan. 10, 1873, This being private bill day, the proceedings in the House commenced by a call of the committee for reports of a private character. WILSON CREDIT MODILIER COMMITTEH, On motion of Mr. WIson, (rep.) of Ind., Chair. man of the Select Committee No, 2 on the Orédit Mobiller matter, that committee was permitted to sit carne the sessions of the House, and to employ a clerk. The House at half-past one went into Commit- tee of the Whole, Mr. Dawes, of Massachuetts, in the chair, on the ioe Executive and Judicial Appropriation bill. THE BUREAU OF EDUCATION, An amendment to increase the appropriation for the Bureau of Education was discussed at some ane i by Messrs. Cox, Shellabarger, Beck, Town- send, of Pennsylvania; Burchard and Farnsworth, of Illinois; Bingham, of Ohie, and others, Mr. Beck, (dem.) of Ky., denounced the principle of the i part of the scheme of centralization and consolidation by which already one-third of the States were controlled by federal autuority, and by which Senators and Representatives, so-called, oc- cupied their positions by federal authority. It was part of the general scheme which looked te the absorption by the government of the railroads and telegraphs and express lines of the country, and which would make the President of the United States as thorough an autocrat as the Emperor of Austria or the Czar of Russia. He ar- gued that this was no time to engage im such vast enterprises, and that Congress ought rather to be endeavoring to reduce taxation, lighten the bur- dens and enforce economy aud honest administra- tion, He showed that in the seven years from 1863 to 1872 the government had collected from customs and internal revenue near three thousand million dollars and had realized from the sale of stores $135,000,000, During the same period the Post Oflice Department had _ collected $125,000,000 and the Patent Office Department $4,500,000, ‘The total amount received inte the Treasury during that period he stated to be $3,402,526,452, out of which the debt had been reduced by the payment of $427,306,541, leaving the sum of $2,975,139,011 to be accounted for, being at the rate of $425,019,987 a year; and yet, he said, gentlemen talked about economy, reduction of ex- penditures and honest administration. ‘The debate was further continued by Messrs. Sar- goat, Kerr, Stevenson, Storm, Perce, Maynard, oar, Hawley, of Connecticut, and Garileld. Finally the vote was taken aud the amendment was rejected by 74 to 78, THE AGRICULTURAL BUREAU, Alter the usual struggle over the appropriations for the Agricultural Bureau, which resulted in the increase of the item for the purchase and distribu- tion of seeds from $50,600 to $75,000, there was no question until the item was reached appropriating $400,000 to pay Judgments of THE COURT OF CLAIMS. Mr, SMirn, (rep.) of N. Y., offered an amend- ment to that item, providing that no part of it shall be applied to judgments for the proceeds of captured or abandoned property seized before the doth of June, 1865, and that no such judgment shall be paid, except under special appropriation bj Congress, Mr. Smith explained the object of an the reasons for his propositions He had casually looked over the record of judgments ef the Court of Claims, and his eye rested on one item of over $400,000 for one man in Georgia who had not only not been loyal to the government, but had been one of a commission to negotiate a loan of $15,000,000 for the Confederate government. He also found on the docket of the Court a claim for $1,065,000 in the name of G. B, Lamar, of sa- vannah, & man who was celebrated, if not noto- rious, a8 the most daring aud intrepid blockade runner during the rebellion. Mr. Youna, (dem.) of Ga,, explained thatthe no- torious blockade runner referred to was the son of this claimant, and had been killed in the last battie of the war. Mr, Smiru repeated that he had reliable informa- tion that the claimant had been a partner in that notorious blockade-running firm, Mr, SHELLABARGER, (rep,) Of Ohio, suggested that the object sought by the amendment was pro- vided for under an existing law, Mr. Sarum adinitted that, but stated that, never- theless, many of these judgments had been paid, He supposed there was a defect in the law. Without disposing of the question the committee rose, and the House at a quarter to five adjourned. FISH BREEDING, Distribution of Black Bass and Other Spawn by the New kork Commission= ers of Fisheries. The New York Commissioners of Fisheries are now distributing black bass and other fish by thousands daily, and can supply all the demands that may be made upon them. The fish are deliv. ered from the State Hatching House at Rochester free of charge, and the Commissioners desire te inform all persons that in delivering spawn and | living fish it must be observed that only public Customs at the varl- | wators can be supplied. Oswego white and rock bass and a limited number of black bass, pike, perch, &c., can be delivered at Rochester at any ume during the Winter, Young white fish are in 9 condition to transport from the 1st to the 10th of Febrnary; salmon trout, from the 10th to the 20th, All communications should describe particulariy the waters to be stocked, giving their names, loca- tion and size and the nature of their bottoms, The pike, rock bass, white bass and black bass, white fish and salmon trout are suited to clear watera with rocky bottoms, and Uswego bass and perch will only live on muddy bottoms, with tags and nd lilies, It should also be stated what kinds of share found in the lake. All fish should be de~ posited as near the head of the lake as possibie, so as to become fatailiar with its waters, Free Fi The New York Commissioners of Fisheries are prepared to furnish to all citizens of New York State black basa, pike, perch and other fish for stocking public waters. The fish will be delivered at Rochester free of charge. Address Seth Green, Superintendent, 16 Mortimer strect, Rochester, HORATIO SEYMOUR, EDWALD M, SMITIT LQSaik J ROVSEYELL | Comuilssionerts