The New York Herald Newspaper, June 11, 1873, Page 6

NEW YORK HERALD, WEDNESDAY, JUNE U1, 1873.—TRIPLE SHEET. NEW YORK HERALD) BROADWAY AND ANN STREET, JAMES GORDON BENNETT, PROPRIETOR, = ‘Wolume XXXVIII...... stseceeceeceseesNOe 162 . pcos AMUSEMENTS THIS AFTERNOON AND EVENING. Fr AVENUE THEATRE, 728 and 790 Broad- are aoaLaiN MOREL. BOWERY THEATRE, Bowery.—Tux Davit's Crag— ‘Paarection. RE COMIQUE, No. 514 Broadway.—Tax Drama Matinee at 24. OPERA HOUSE, Twenty-third st. and Eighth Bias, THERAT! or Huu. GRAND ay.—Ror WOOD'S MUSEUM, Broatway, corner Thirtieth st.— “Davy Caocketr. Aflernoon and evening. NIBLO'S GARDEN. Broadway. between Prince and Houston sts—Suitn vs. Brown, &o. UNION SQUARE THEATRE, Union square, near Broadway.—VEeunanve. ATHENEUM. 585 Broadway.—Grayp Vanintr Enren- ‘vainment. Matinee at 245. OLYMPIC THEATRE. Broadway. between Houston ‘and Bleecker streets. VEN FROM Home. Matinee at 2. WALLACK'S THEATRE, Broadway and Thirteenth sptreet.—Mora. BOOTH’'S THEATRE, Twenty-third street, corner Sixth @venue.—Amy Ronsart TONY PASTOR'S OPERA HOUSE, No. 201 Bowery. — Vanuery ENTeRtTanMent. BRYANT’S OPERA HOUSE, Twenty-third st, corner 6th av.—Nxcro MinsTRELSY, &c. AMERICAN INSTITUTE HALL, Third av., 63d and 66th ‘sts.—SuMaeR Niguts’ ConcerEs. CENTRAL PARK GARDEN—Svuwwer Nicats’ ‘cen, METROPOLITAN MUSEUM OF ART, 128 West Four- teenth st.—Crrnian anv Loan CoLtections or Arr. Con- TERRACE GARDEN THEATRE, 58th st., between Lex- dngton and 3d avs.—Leicure Cavautente, &c, NEW YORK MUSEUM OF ANATOMY, 618 Broadway.— Bciewow AND At. “TRIPLE SHEET. jew York, Wednesiay, June 11, 1873. THE NEWS OF YESTERDAY. Contents of the *"To-Day’s y Herald. "THE STOKES APPEAL! DEPLORABLE UNCER- TAINTY OF THE CRIMINAL LAW"—LEAD- ING EDITORIAL ARTICLE—Sixta PaGe, BTOKES AGAIN TRIUMPHANT OVER JUSTICE! THE COURT OF APPEALS GIVE HIM AN- OTHER CHANCE FOR HIS LIFE! A RE- VIEW OF THE CASE! WHAT THE PRIS- ONER AND HIS COUNSEL HAD TO SAY! RENEWAL OF THE FORMER FIGHT—TuirpD Pace, ‘PEATH IN THE MINES! TERRIFIC EXPLOSION IN A PENNSYLVANIA COLLIERY! THIRTY- FIVE MEN PENNED UP IN THE PIT! ONLY FIVE SAVED SO FAR—SIxTH Pace. BPANISH ASSAULT UPON AND DISPERSION OF A FORCE UNDER MAGIN DIAZ! THE CUBAN CHIEF AND TWENTY-NINE OF THE BAND KILLED AND SIXTEEN CAPTURED— SEVENTH PaGE. W@CTION OF THE AMERICAN GOVERNMENT IN MR. PRICE'S CASE! COURT MARTIAL PRO- CEEDINGS PROTESTED AGAINST! SECRE- TARY FISH'S VIEWS ON THE SPANISH WAR ON THE HERALD—Turrp Pace. PROMPT TRIAL OF THE MODCCS! OREGON DE- NUNCIATION OF THE MASSACRE! KILL- ING OF A PIUTE—Seventa Pace. FRANCE MUZZLING THE PRESS ! EXCITED SES- SION OF THE NATIONAL ASSEMBLY— THE SPANISH CABINET CRISIS—SBVENTH Paag. PRE REGATTA OF THE ATLANTIC CLUB! AN EXCITING RACE, WITH THE YACHT AGNES 4S WINNER OF THE SCHOONER CUP AND THE VIXEN, ANNA AND UNDINE WINNERS OF THE PRIZES FOR SLOOPS—Fovrru Pace. FHE ASCOT (ENGLAND) RACES! EXCITING STRUGGLES FOR THE PRIZES! THE SUM- MARIES—SEVENTH Pace. JEROME PARK RACES! THE PROBABLE STARTERS FOR TO-DAY! POOL SALES— THE FINE CONTESTS AT PROSPECT PARK YESTERDAY—A DEFEAT FOR THE “MUTES"—FourrH Pace. A BRITISH BARK WRECKED OFF CUMBER- LAND 1SLAND! NINE PERSONS PERISH, INCLUDING THE CAPTAIN AND HIS WIFE—TENTH PaGE. CLOSING OF THE WEST TRIAL! THE “PRO- FESSOR” PRESENTED IN HIS PROPER COLORS! THE CHIEF JUSTICE DEMOL. ISHES THE INSANITY DEFENCE—Tsstu Page. WATIONAL CAPITAL NEWS—THE PRESIDENT AT WEST POINT—LUNG BRANCH ITEMS— CABLE AND GENERAL NEWS—SEVENTH PAGE. THE MOR! ‘AI-MCCARTY DUEL—LOSSES BY THE NEWBURG FIRE—Tuinp Pages. \A DISSECTION OF THE CHARACTER OF M. T. WALWORTH! AN INTIMATE GIVES SOME PERSONAL RECOLLECTIONS! THE GRAND JURY INDIOTME! FOURTH PAGE. WHE MITCHELL WIFE-DESERTION SCANDAL! ANOTHER UNHAPPY MARRIAGE! PROB- ABLE ACTION OF THE SENATE—MINISTER ' ORR’S OBSEQUIES—FourTa Pace. WALL STKRERT BUSIN! ! MONEY IN GOOD SUPPLY! GOVERNMENT SECURITIES DE- VELOPING STRENGTH—EIGATH PaGe. DHE CONSTITUTIONALITY OF THE HABITUAL CRIMINALS ACT JUD‘CIALLY AFFIRMED! GENERAL LEGAL SUMMARIES—FirrTH PaGE. “BONE AND SINEW” f£OR THE WEST—WORKS OF THE ARTISTS AND LITERATI—REAL ESTATE BUSINESS—Firta Pace. A Srnancz Sprctacte—The rejoicings in ‘Murderers’ Row’ in the Tombs, yesterday, over the decision of the Court of Appeals in the Stokes case. Pzr Contza.—The decision of Judge Davis Sffirming the constitutionality of ‘‘the Habit- wal Criminals act” is a crumb of comfort to peaceable citizens, although the act, in ignor- ent hands, like a two-edged sword, may cut Poth ways. Master Fraxx H. Watwortu has been in- Wicted for murder in the first degree, When hhe is to be tried we do not know and cannot even conjecture. wf journals in the streets of cities and towns Ain the Department of the Rhone has been pro- hibited. The people of those cities and towns Thave perhaps got hold of the wrong Republic, Plthough it is their own. » Tae Mopocs are to be tried by Military }Commission without further delay. The At- ney General having settled the knotty ints of international law and of the rights f independent nations bearing on the sub- ject, General Schofield has been requested to instruct General Davis to proceed to business, nd General Davis has accordingly been so instructed. They do these things wuch Letter France. eerie The Stokes Appeal—Deplorable Uncer- tainty of the Criminal Law. On the 6th of January, 1872, James Fisk was shot by Edward S. Stokes. The follow- ing morning Fisk died. ‘There immediately arose a loud cry through the community for vengeance on the murderer. Seventeen months have elapsed since then, and justice has not been done. Twice has the deliverance of the law been invoked between the people and the accused, and the case at this date stands exactly in the position where it stood on the morning of the 7th of January, 1872, when Fisk was declared dead. Yesterday the decision of the Court of Ap- peals was promulgated at Albany. The Court were unanimous in their opinion that the ap- pellant is entitled to a new trial. The decision is based on several grounds, the broadest and most sufficing of which is that Judge Board- man’s charge on the second trial was erroneous on a most important point. The Judge, it seems, charged, according to common law, that the law presumes murder from the fact of killing and calls on the prisoner to mitigate or justify. Under the statute law they decided that, the killing admitted, the onus probandi rested with the prosecution so far as concerned the degree of guilt, or, in fact, legal responsi- bility at all. There are other minor points in the opinions delivered. One is against the decision of Judge Boardman to exclude evidence as to alleged threats by Fisk to kill Stokes and on the points of evidence elicited from Jennie Turner, the servant of Mrs. Morse. Now, on the decision of these techni- cal points we have very little to say. They were, doubtless, made according to the letter of the law; but what all honest men will complain of is why these errors, as they are called in the Court below, could possibly have been made. Judge Boardman is surely not sucha novice in the law of the State of New York that he could have fallen into this error without grave consideration. To hint fora moment that it was an intentional lapse would be to make a very grave charge against a Judge ofthe Supreme Court of the State. We dis- miss this supposition promptly, and only allude to it because, painful as it may be, it is one that will not escape those who look fora hanging in this case at all hazards. Whatever our opinions may be of the crime and the punishment it deserves, we are too well aware that the safety of the community can only be guarded by that punishment being awarded according to the letter as well as the spirit of the law. What, then, we may ask, led to Judge Boardman’s blunder? The answer must be patent to all—namely, the obscurity, we may say the incongruity, of the law touching homicides in general. We have, we are thank- ful to say, outgrown the Court of Appeals presided over by ‘Judge Lynch;’’ but the community, in surrendering its authority to the Courts, has a right to exact precision in the administration of justice. That, in the Stokes case, is just what we have not. Nixon killed a man a few months ago and has been long since strangled. Jack Reynolds undertook without money in his purse to be- come a ‘prophet in his own country,’’ and died on the gallows as a reward for his preten- siousness with ‘‘a short shrift anda long rope.”’ These are of the cases on which society gratulates itself that crime can be punished ; but when the bullet has a padding of ‘‘influ- ence’’ and currency society must chant its pean in a minor key. The steps by which the case of Stokes has reached its present level are fall of instruction to those who have the good of the community at heart, After the Coroner’s inquest an in- dictment was drawn against Stokes. Motions to quash the indictment were wrangled over for some time, and at length the curious spectacle was offered of a petit jury trying the Grand Jury for passing upon the indict- ment. The indictment was sustained and Stokes was called upon to plead towards the latter end of June, 1872. No point had been gained but delay by the prisoner's counsel; and what is to be complained of here is the looseness of the law that permitted even wealth and hired talent to retard the course ot justice. The trial lasted from the 19th of June to the 15th of July and resulted in a dis- agreement of the jury. This was, of course, a victory for the prisoner, and until the 19th of last December he enjoyed his triumph. Then began the second trial On the 6th of January 1873, one year exactly from the murder, Stokes was condemned to death in accordance with the unanimous verdict of the jury. The community had forgotten most of its animus in the matter; but the finding of the twelve men was acquiesced in. The two long, wearying trials had put the State to enormous expense, not to speak of the ex- penditure caused by the frivolous trial of the Grand Jury in the first instance. The Courts had been occupied with the case during weeks, and a result had been achieved which looked final. We state all this that the weightiness of the blunder may be apparent which has saddled the county with renewed expense, which has devoted beforehand weeks of valu- able time to the third trial of the prisoner, and which, above all, tends to weaken the confi- dence of the people in the administration of justice. We are to have a third trial of the man who Shot down Fisk ; but who can say confidently that the verdict, if any, on the next deliver- ance will be a whit more perfect or less liable to be upset than the one already a dead letter? The ghosts of Nixon and Reynolds rise up to reproach us. Had they money to fee lawyers beyond the rating of the Police Courts who can tell that they would not to-day have been receiving congratulatory visits from their friends in the lower wards upon decisions of the Court of Appeals granting new trials? If, indeed, the Murderers’ Club was anything more than the vision of lunatic the Day of Judgment might be safely looked to as the only date at which the Tombs would be cleared of its troublesome inmates. It is undeniable, we think, that wealth has its advantages ; but itis a theory of our republican govern- ment that there is one law for rich and poor alike. This is true; but we must confess, without any slur upon our Judiciary, that its loopholes have golden keys. What we want is justice for rich and poor alike. To secure this we need a simplification of the law which will make all its safeguards accessible to all persons on trial for crime, and not hidden away only where great wealth can find them. From the concatenation of legal web-weaving in this case we are made certain that, when the effort of the prisoner is continuously in reversal of tho rulings for ordinary mor- tals, justice suffers by the process. Law good enough to satisfy society fastens the halter around the criminal’s neck, the Judge makes a mistake in knotting the rope, and the gallows is accordingly cheated. Wo admit that if Stokes is to be hanged the strangulation to ita last details must be done according to law; but when Judges blunder in the simple definitions of crime—the ABO of the Bench—it is time tv be anxious, whether we have any law at all that is unerring or even reliable in its apppli- cation to ordinary cases. In spite of the issues imported into the Stokes case the killing has no element that is novel. Either Stokes killed Fisk or did not kill him; either the killing was with malice aforethought and lying in wait or on an impulse to injure an avowed enemy or in self-defence. All these points have been raised a thonsand times; but law so trips up Justice that the blind goddess cannot tell what is in her scales. This is lamentable. The man who shot down Fisk is alone in tho position to laugh at the law’s delay. Let the lesson of this decision be not lost upon the State. We gratefully observe that, owing to a late modification of the law, we have this decision months in advance of the time we should have had it under the older system. That change was the result of a well-justified outery against delay at this stage in other cases. Let us, then, have our laws relating to homicides and criminal cases generally reduced to aclear code, which will save the Bench from the indignity of sharp correction and society from the tableau of Justice playing hide and seek among criminal lawyers. The Spanish Muddle. Our news from Spain for the last two days has been of a strangely confused and conflict- ing character. Yesterday, whether Figueras was or was not President of the so-called Spanish Republic no man could tell, Our latest news shows that the muddle was much more serious than we had imagined. It is quite clear that Figueras had resigned his high position as President of the Republic and that Pi y Margall accepted the vacated position, It is also clear that Pi y Margall formed a Ministry which, though it to him seemed good, the Cortes could not and would not accept. It also seems clear that Figueras was recalled by the unanimous voice of the Cortes, and that the call made upon him was that he should come back with his former Ministers. Up to the date of our latest news Figueras, full of the good sense which naturally belongs to him and which ap- peared prominently in the Henaup of Mon- day, seems to have done his best to form a Ministry; but the circumstances were new and the attempt seems to have proved a failure, The finances of Spain are dreadfully wrong. All the world—particularly the financial world—knows the fact. Spanish politicians were, or tried to be, blind. Truth, however, must tell. It has so far told that Figueras, after resigning and after accepting a fresh responsibility, has been compelled to confess that he cannot form a Ministry. New names are mentioned—names of which the world knows nothing and cares less; but Spain for the present, so far as we know, al- though having a Parliament, is without a re- sponsible Ministry. To our correspondent Figueras said that it must be ‘a federal re- public or a monarchy with Don Alfonso.’ May it not first be chaos ? The Atiantic Bank Dcfalcation—Rein- dictment of Taintor. Frank N. Taintor, the late cashier of the Atlantic National Bank, was arraigned yester- day in the United States Circuit Court to plead to the new indictment presented against him. His counsel being absent, by advice of Judge Benedict the prisoner pleaded ‘not guilty” to all the charges, and was taken back to Ludlow Street Jail. This threatens to be one of those lagging prosecutions which in the end either never punish the guilty or do it after so long an interval that the penalty loses its proper effect of deterring others simi- larly placed from a repetition of the convict’s offence. We have seen the shameful termina- tion of the criminal proceedings in the case of the Market Savings Bank. A few months’ residence in Canada was the only inconven- ience suffered by an officer of that institution accused of the ‘irregular’ use of its funds. After that he comes back with a flourish, and it is coolly stated that the action against him has been given up to induce him to return. Are Taintor’s wonderful financial abilities to be in like manner secured to New York? Can not Wall street spare so brilliant an operator with other people’s money? Why not press his trial rapidly to an issue and give him a chance to begin honestly laboring for his bread in the Penitentiary, if guilty, or clearing him, if his conduct has been correct ? Tae Porrricat Panty Coaurrioy ix THE Frencn Natrona. Assempry remains watchful and powerful under the leadership of the chiefs of the Left in its critique of the Ministerial management, despite the recent reassertion of the democratic principle under MacMahon. The action of the Military Gov- ernor of Paris and of the Minister of the Inte- rior for the supervision and control of the public press has been made the occasion of an adroit and forcible assault on the home policy of the Cabinet. The oppositionists, with the aid of Gambetta, defended the right of journalistic publication—a very popular point of vantage. The debate was very exciting, stormy at moments. Seven hundred and four members were present at the division. The Ministry were supported by three hundred and eighty-nine—a majority of seventy-four. This result develops the existence of material for a strong opposition in the French legislative body—a really healthy national fact, particu- larly when the government is honest and in- dependent. Tax Svez Canat.—From the traffic returns of the Suez Canal it appears that in eleven months of 1872-73 572 vessels passed through, against 288 in the preceding twelve months, while the tonnage increased ata still larger rate—674,818 tons, against 293,362 tons. This gives to the short cut twenty-four per cent of all the tonnage passing at present between India and Europe andAmerica, Enterprising capitalists should not fail to note in these facts the golden promise of profit to the un- dertaking which shall shorten by thousands of miles the ocean voyage between New York and the shores of the Pacific, and bring an equato- rial American canal route into competition with that of Suez for the prize of the Indian trade, Mr. Secretary Fish and Our Imprisoned Correspondent at Havana. We have this morning, in a special de- spatch from Washington, some encouraging news in reference to our imprisoned cor- respondent, Mr. Price, at Havana. The father of this young gentleman, im an interview yesterday with our amiable Secretary of State, was, it appears, favored with some very gratifying information regarding not only the action of the State Department in behalf of said prisoner, but touching the views of the learned Secretary as to the status of the New York Heraup among the great Powers of the earth. In regard to our imprisoned correspondent we are glad to be assured that Mr. Davis, Assistant Secretary of State, in the absence of his chief, had promptly intervened in behalf of common justice to said prisoner, and that Mr. Fish, since his return to Wash- ington, has been doing all that could be done, and will do all that he can for Mr. Price’s liberation. We are also gratified to learn, as the opinion of Mr. Fish, that although our correspondent is menaced with a court-martial, the remon- strances made against this contemplated out- rage will probably arrest it; and that although it is uncertain how long, through the tedious and crooked ways of diplomacy, Mr. Price may be held in prison, Mr. Fish expects that he will be ultimately released. Mr. Price, it is true, is an American citizen, unjustly deprived of his liberty, ignorant of the accusations upon which he has been arrested and thrust into prison ; ignorant of any violation of the laws of Spain, and kept in ignorance of the charges made against him; but still, we must be patient. The Spanish authorities in Cuba have their own reasons for the detention of Mr. Price, and in the interchanges of diplo- matic correspondence on the subject, even by telegraph, much time must be necessarily consumed. In any event we are thankful for the inter- vention, the promises and the opinions of the Secretary of State in behalf of our imprisoned correspondent, and partly because, we appre- hend, his official duty in the premises is some- what troublesome. We are pleased also to be enlightened as to the prob- able causes of the extreme measures of hostility adopted by the Spanish authori- ties in Cuba against our correspondents, Mr. O'Kelly and Mr. Price; but how shall we— how can we—sufliciently express our obliga- tions to the Secretary of State for his exalted opinion of the New Yorx Henarp as @ newspaper and as a power among the nations? Inspired by a lofty sense of gratitude and national pride towards this journal, in consideration of its many flattering testimonials, from time to time, to the unmatched abilities of Mr. Fish in our State Department, we can only say that, perhaps, we have some special claim to his generous reciprocity in ‘distinguished consideration.’" He remembers, with be- coming pleasure, the many acknowledg- ments of his merits received at our hands, and from the pleasing recollections he becomes inspired and eloquent. We confess that we are greatly honored thereby; but at the same time we must admonish our amiable Secretary of State that all this byplay will not serve to divert the public attention from the case of that unoffending American citizen still held as a prisoner at Havana, and in apparent mockery of our government. A New Literary Home. That a number of gentlemen who sympa- thize with the interests of art and literature should intend establishing a home for the ben- efit of literary and artistic workers who have become reduced by sickness or other misfor- tunes isa circumstance both honorable and amiable, and we hope that the institution of that character which, it is said, is shortly to be built near Binghamton will be a success in all the best senses of that term. We cannot say that our expectation is very strong, how- ever. In the true literary and artistic temper- ament there is an element which shrinks with more than mimosa-like sensibility from any touch bearing the remotestapproach to charity. And even if the project should be successful, so far as the occupancy of the home by a cer- tain number of the order of candidates de- manded is concerned, it is scarcely pos- sible to imagine a more melancholy spec- tacle than the ensemble would present; and the fact which would deepen the melancholy would be the ludicrous element which it would be sure to contain. There is no knowing (until such a home brought the matter to light) how many crushed Longfel- lows or downtrodden Pages are to be found among literary and art aspirants whom ‘‘sick- ness and other misfortunes” have kept at the lowest round of the ladder. One meets with a sufficient quantity of unsuccessful geniuses in the healthy, vital world around him not to feel pretty sure that the pleas of sickness and misfortune conceal many more. Such a home, therefore, would be likely to benefit those who least need benefiting. Shakspeare prostrated by paralysis would scarcely place the prism of his soul where all life long it should refract the rays of charity. A blind Titian would prefer basket-making to fretting his heavenly visions within the cold domain of a “benevolent institution.’”’ A decayed artist is not like a decayed tooth. If you fill him satisfactorily, it must be with the gold he has earned himself. Axornen Frarrvn Conuery Exproston, resulting from the apparently incurable care- lessness of the men who gointo mines charged with fire-damp carrying an open lamp, has taken place at Shamokin, Northumberland county, Pa. In this case one of the foremen was to blame. His dead body and those of a number of other miners have been recovered. A full account of the terrible affair will be found in our special despatches elsewhere, Tue Proposep Panty or Inisn-Bonn Crrt- zens. —The Indianapolis Sentinel (democratic) deprecates the idea of a new political party composed entirely of Irish-born citizens of the United States, a convention to favor which is proposed to be held in Cleveland, Ohio, in July, when an association similar to the Ger- man Union will be formed, and its members pledged to support Irishmen for office in pret- erence to persons of other nationalities, with- out regard to party lines. This movement too much resembles that of the dead and buried Know Nothing party to expect the encourage- ment of any right-thinking foreign-born citi- zons, whether from Irgland or gisewhqre, Jt will only arouse that disturbing cloment in ro. gard to nationalities which native-born oiti- zens have long since accepted as substantially sunk into oblivion. Much better ia it that all nationalities, American as well as foroign- born, should in this country unite in a goner- ous and cordial support of our great republi- can institutions than to be hedging and ditch- ing about the paltry office-begging politicians of the land. Tae Cammse om San Francisco have found & good friend in Mayor Alvord, in his vetoes of several city ordinances passed against them which he fitly pronounces unjust and infa- mous; and we are glad to be assured that the action of the Mayor upon these infamous measures of persecution is approved by a large majority of the citizens of San Francisco. PERSONAL INTELLIGENCE. From his cavalry experience MacMahon Is relied on for a stable government in France. The historian, Friedrich von Raumer, celebrated On the 14th inst, his ninety-third birthday. A High Churcn English clergyman at Wolver- hampton has jast gone over to the Greek church, A Western editor recently rode sixty miles on a cow-catcher, and failed tocatch the cow, after all, Alexander Heron, flaxdresser, of Dundee, Scot- land, met his death by falling three feet trom a bale of jute to the sidewalk. “New Chicago” is what they call it now. Itis to be hoped that the morals of the old city will be improved under the new. English papers tell us that the rivet headers in a boiler shop at Yarrow lately struck. That's natu- ral, Wonder they didn’t think of it before! John Francis Kearns, sentenced to fifteen years’ confinement for treason-felony, in connection with Fenianism in Ireland, has just died in an insane asylum at Cork, Four Scotch fishermen named Wa!ker were re- cently drowned together near Aberdeen. It would have been more serviceable in their occupation had they been swimmers, Sixty thousand doliars has been offered the government, by a Western man, for the use of Captain Jack tor sixty days. It must have beena Jack of another sort who made the proposition, The London correspondent of the Scotsman hears from a trustworthy source that at the unveiling of the statute of Lord Derby in Parliament square, early in July, the Cloge will be delivered by Mr. Dis- raeli, The Cincinnati Témes inaidiously remarks that “there creeps out in several of the best Kansas papers, a fellow feeling for Pomeroy, as his trial ap~ proaches, that looks as if they had been assisted to Start a national bank.” Charles Nordhot has written to ex-Governor Hayes, of Ohio, a letter on constitutional reform, which is regarded as very pertinent at this time, considering the fact that the State Constitutional Convention is now sitting. The Ipswich (England) Journal states that on the 12th of May, at Lowestoft, Lady Smith, aged 100 years, gave a dinner to 107 old people, whose united ages amounted to 8,228 years, or about an average of seventy-seven to each, Western papers are somewhat divided upon the propriety of the appointment of John A. Bingham as Minister to Japan. A majority, however, seem to regard his departure, in view of his Credit Mobillér record, as very fortunate. Colonel A. K, McClure declares his intention to retire altogether from politics upon the expiration of his present Senatorial term. He expresses him- self warmly in favor of Alexander Henry for Mayor of Philadelphia during the centennial year, SECTARIANISN LY BROOKLYN. pial: Se eee Religion a Bar to Political Preference= Captain Tanner’s Charge on the Order of American Un: ° At a largely attended meeting of the Twenty- second ward Republican Association, held on Mon- day evening last at the hall corner Fifth avenue and Ninth street, South Brooklyn, considerable ex- citement was created by the presentation of the subjoined resolutions touching religious inter- ference with political preference :— Whereas section 3 of article 6 of the constitution of the United States declares that ‘no religious test shall ever be required as a qualification to any office or public trust,” and whereas article 1 of the constitution, as amended in 1789, provides that Congress shall make no law respecting un estabishmont of religion or prohibit- Ing the free exercise thereof, therefore, be it solved, That although ‘many of us differ radically with the tenets of the Roman Catholic faith, itis never- theless the sense of this Association that the bandin ether of our citizens in secret semi-political semi- religious bodies where an obligation is assumed debar- ring the members thereof not only from supporting com- municants of the Roman Catholic Church for “any office or public trust,” but also obligating themselves to pursue and drive out of such pesitions these individuals. now holding them who may happen to be of the Roman Catholic faith, 1s a vidation of the letter and spirit of the constitution of the United States, is a violation ot the great principles of freedom of thought speech and action which are the corner stenes of our political structure and an arrogation by fallibe man of the prerogatives of the Supreme Being alone. The gentleman offring the foregoing, Captain James Tanner, @ veteran soldier, who lost both legs during the wai for the Union, gave as his reasons that, while le was not a memberof the Catholic Church, put had, on the contrary, been brought up a Methodst, still he had always enter- tained principles which enabled him to know that @ man may differ fron him on a point of religious belief and yet be an tynest man. He said there is in every Ward in th: city a society known as the Order of American Unon, the distinctive features of which are its anti-Catholicism. It was obligatory among the nembers of this organization to never vote fora (atholic, and to strive, by all means, to root out rom ail positions of proft and trust all who held that{Church to be the true faith. Among ‘he members of the Order of American Union present were, the speaker said, Captain John Hall, United States Pen- sion Agent. He Md ascertained upon in- quiry that Mr. Wiliam H. Gleavy had been recently removed frm the position of Master Btockmaker in the Nivy Yard for the sele reason that he wasa membr of that religion, to which the society objected. Major George F. Tuit, a one- legged veteran, had ben ‘scratched’ on his ticket when a candidate pdr delegate to the State Con- vention for @ similar ‘eason. The same influences had been banded to jroscribe other tree American citizens, several instnces of which Captain Tan- ner cited in a manne) which elicited confidence in the truth of the ass@tion. He arraigned the so- ciety because their carrse is inimical to the best in- terests of the country and because they are wilfully violating the constkution of the United States, Several applicants fo position had been opposed vy the society in quetion for no other reason than that of having aided Jatholics to obtain positions. He defended the swstantial aid rendered the government by thasands of “this proscribed sect” who had strificed their lives in its defense, and the ipeaker remembered when he was lying wownded and in a burning jever in ‘hospital he did not spurn the cooling cup because the ministering angel was a Sister of Charity. He warned those society people when they go 0 Ulysses at Long Branch to tell him that they are making a drive at certain office-holders of the same faith as Generals Sherman and Sheridan, to lok out that they were not served by “little Phil’ as the rebel raiders were and sent rolling throgh the valley. The resolu- tion was, on motion « Colonel Hemstrect, laid on the table for one monb. WEATIER REPORT. Wak DEPARTMENT, i L OFFI srobabilsties. For New England, cloudy weather and rain areas, winds veering to resterly and northerly during the afternoon and tight, with clearing weather for the Middie Stites and Lower Lakes, light and fre: esterly to northerly winds and cleat oF clearing weatner from the Ohio Valley and Missari to the Upper Lakes and Minnesota, light and ireh northerly and westerly winds, and very generally clear weather; for the South Atlantic States, lift to fresh southerly and westerly winds and cleawr partly cloudy weather; for Kentucky, Tennesseaind the Guif States east of the Mississtpp! cloudjweather and rain areas will probably continue dting the day, The Weather in ‘his City Yesterday. ‘The fojlowing record [iil show the changes in the temperature for thesast twenty-four hours in comparison with the crresponding day of last ear, a8 indicated by thehermometer at Hudnut's harmacy, HERALD Builtag:— | 1872. 187) 1872, 1873, oL | FIRE DAMP AGAIN. ——-——. Terrible Exploston in the Henry Clay Colliery at Shamokin. SEES ve erreey OPEN LAMP, Recovery of the Bodies—Five Sufferers Taken Out Breathing. AN Ssamoxmy, Northumberland county, Pa., June 10, 1873. This afternoon, about three o'clock, while the inside boss at Henry Clay Collicry, near this place, was examining some of the inside works with an open lamp, he passed into a portion of the mine marked out, when there flame of the lamp set fire to the gas then accumulated, causing an explosion which BLEW OUT THE TIMBERS, causing a squeeze of earth and the caving in of the mine at the point of egress, preventing the escape of the men therein employed. At the time of the explosion it is believed at least thirty-five men were in the mine, and but few will probably be taken out alive. As soon as the accident occurred the alarm was given, and EVERY EFFORT MADE TO RELIEVE THE MEN inside, and at five o'clock, by almost super- human efforts, the men outside, risking their own lives in encountering the noxious gases, succeeded in TAKING OUT THIRTEEN MEN, eight of whom were dead, and the remainder will probably not survive. At six o'clock two more dead bodies had been recovered, and still the efforts of the men were unceasing, reliefs being put on as & portion of the rescuers were worn out with the straining toil. ‘THE BODY OF THE INSIDE Boss was found lamp in hand, showing that he had met his death almost instantly; and the body of Mr. John Hays, the outside boss, who went into the mine to assist in its inspection, has also been recovered. The body of Drum- heiser, the inside boss, was terribly blackened and disfigured. The work of the men on the outside for the relief of the suffocating men inside has been attended with great risk on account of THE AFTER-DAMP; but they have worked manfully, though to little purpose, as most of them were past human aid when help came. _.., nee As soon as the explosion ‘occurred men were summoned from the adjoining mines. Before dark large numbers of men were present to assist in the work of recovering the bodies and to inquire about the safety of friends employed in the mine, and the most intense excitement prevailed. The Henatp representative reached the scene of the disaster at about ten o'clock, going up from Pottsville with Mr. Fulton, the operator of the colliery, and Mr. Hemingway, the State Mine Inspector. These gentlemen were very much exercised over the occur- ences of the day, and said that it was thought that this colliery was as nearly FREE FROM SULPHUR as possible to havea mine. They could give no facts about the disaster, and were as much ataloss to account for the explosion as a stranger to the colliery and its antecedents. THE SUMMER CONCERT SEASON ON THB EAST SIDE, ‘The huge hall which the American Institute haa taken under its special direction, near the Third Avenue depot, was opened to the public this week for @ season of Summer concerts. Mr. Felix J. Eben, @ conductor of note in this city, has organ- ized an orchestra of fifty performers, and last evening these musicians interpreted a very choice programme, somewhat lighter in calibre, undoubt- edly than the cl: outpourings, of Thomas on the west side, but neverthe- ess, interesting and, in general, rendered witha commendable degree of spirit and effect. The most ardent devotee of the music of the fu- ture could not object to the “Rienzi march, and the admirers of the French school were solaced by an overture, ‘Roi d’Yvetot,” by Adolphe Adam. Tne habditués of the Academy wept over the finale to the second act of “Traviata,” or smiled at the shadow dance of ‘‘Dinorah.” Steinway Hall concert goers found relief in Abt’s “‘Schlaf Wohl,” or were re- minded of the panjandrum of the “Hub” by “The Artist's Life Waltz.” Then came sparkilin, little extracts from. the salon works ol Neumann, Parloro, Tit’l and a well con- structed fantasia on national airs by Koppita, of Boston. The immortal “Tell” overture formed a prominent feature on the programme. The or- chestra played well, and with suficient evidence of careful rehearsal to ensure artistic success. There is no reason why the east side should not enjoy and support good music eae dog days a8 well as the more aristocratic Seventh avenue, where fashion is in the ascendant. Of course the band over which Mr. Eben waves his wand cannot for @ moment be compared with the dis- ciplined veterans of Thomas, but they show spirit and elan in their interpretations which give satisfaction to the numerous pilgrims from the Third and Second avenue cars. At all events there is not the slightest danger of a controversy arising between smokers and anti-smokers at the Rink, and the sturdy Teuton liebe frau sit down under the metaphysical figtree of the huge girders of the American Institute Hall in perfect contentment, drinking in Wagner, Strauss, Rude- sheimer, Meyerbeer and lager beer and watching the cloud of smoke that cigar and meerschaum send 1n spirals to the lofty roof. East and west on Manhattan Island are now provided for during the heated term in music and sundries. SENTENCE OF DEATH. ANNAPOLIS, Md., June 10, 1873. In the Circuit Court this morning Joshua Nichol- son, convicted of the murder of Mrs, Lampley, was brought up for sentence, and when asked if he had anything to say why sentence of death should not ronounced upon him, he rose and said he was Bok guilty of the murder, and declared that lie# had taken away his life, His confession was made to Detective Crone on promise that he (Nicholson) would be made State witness. sud Miller then proceeded to sentence the prisoner be hanged at such time as the Governor may ap- point, Governor Whyte will doubtless fix the 1st of August, to Which time Hallahan, his accomplice in the murder, has been respited, and then the de- sire of the latter to have the company of Joshua om the platiorm will be ratified. A MURDERER SENTENCED, CLEVELAND, Ohlo, June 10, 1873, The trial of Albert W, Chamberlain for the murs der of George McConnaghey iast January, at Sa- Jem, Ohio, came to a sudden and unexpected termi+ nation yesterday, the counsel on both sides agree- 4 6 P. 80 4 OP. ci . + 8212 P. 70 Average temperatute yeerday. mW Average temperature fo corres; | L TMU XEAT cons eee nanes ae gras we nstamns! “ ing to a verdict of guilty oi murder in the second degree. The judge sentenged bup to UMDris0ly PAGAL IGE, Lie irs :