The New York Herald Newspaper, September 9, 1873, Page 5

| | TUE CHEF JUSTICESIIP. - Pennsylvania Lawyers on the Office and the Man. A PLEA FOR AN INCORRUPTILE FOSSIL, Counsel for the People Against the Powers That Ee. WANTED—AN INFLEXIBLE LAWGIVER, festechiepetseedieentetenireriaed Evils of a Packed Supreme Court—Conkling Out of the Bace—The Appointment Like y To Be Made from the Supreme Hench. PrrrssurG, Sept. 5, 1873. ‘Where 1s a good deal of speculation and feeling in Shits city among the legal iraternity ..specting the ‘*ppointment of a Chief Justice to the United States Supreme Bench, a successor to the late Onief Justice Chase. With a view of ascertaining the ®pinions of the Pittsburg Bar in this important matter your correspondent cailed on a number of the most prominent members of it, and herewith Presents the substance of the conversation that ensued relative to the vacancy on the bench of the Supreme Court of the United States and the fittest person to fil it. MR, THOMAS M. MARSHALL, Your correspondent first called on Thomas M. Marshall, who is considered one of the brightest legal lights in the State. Marshall in politics is a Nberal, and during the last Presidential campaign he worked zealously with vqice and with his gbundent means to bring about a change in the ad- ministration. He received me very courteously and did not hesitate a moment to give the HERALD his views in relation to the Chief Justiceship. “There is,” he said, ‘a very general and sincere Gesire existing in the mind of the legal pro sion tm favor of the appointment of some abie and inde- pendent lawyer to the position. Some of the Jater appointments to the Supreme Bench have caused suspicion and alarm. Yhe impression is general among lawyers that certain parties were chosen because they entertained particular opinions upon one question affecting the finance of the country. The impres- sion which prevails strongly among our partisan lawyers is that the present administration is mainly controlled by financial men rather than by states- men or even politicians. Corresronpent—Have you any idea whom tle Executive will appoint? Mr. MARSHALL—I have not. The appointment of Uhief Justice, however, will be a fair test of the in- fluence which controls the President. If he ap- points Mr. Evarts, Judge Hoar, or some other emi- nent lawyer who is not an attorney of an interest or class, it will be fortunate for the country. I can- ‘not recall a man mentioned in connection with the Chief Justitcship whois well qualified by learning, culture ‘and training except WILLIAM M. EVARTS OR JUDGE HOAR. Howe bas neither of the great requisites, original power of mind, culture and practice. Conkling has ability, but it is partisan ability, without much legalexperience. if Mr. Conkling or Mr. Howe or anyother party politican is appointed it will so far ix the character of the present administration as & main instrument of perpetuating the power of a party. : A SLAP AT THE RAILWAY MONOPOLIES. My own apprehengjon of danger arises from the absorbing and far-reaching power of money corporations, and the appointee should be free from all interests or tendences on behalf of any one litigated interest. The Chief Justice should, above all things, have personal honor that would protect him from ever forgetting his exalted posi- tion, and that justice which is blind to parties and persons. : MR, JAMES H, HOPKINS, Your correspondent next called at the ofMfce of Mr. James H. Hopkins, a most ardent democrat and & lawyer of prominence. CoRRESPONDENT—I have been instructed by the “HERALD to learn tae views of some of the principal members of the Pittsburg Bar in relation to the Ohier Justiceship of the United States, Mr. Hopxins—in tie first place I think the judi- tiary should be as free from party intrigues as the clergy; the duties are almost as sacred, and they ho discharge them should be altogether as pure. CORRESPONDENT—Who, in your opinion, is the person best fitte for the position ? HON. JEREMIAH 8, BLACK. Mr. Horgins—In my judgment Hon. Jeremiah S, Black is, of ali men, most qualified for the position of Chief Justice of the United States; but his ap- pointment would be so grand and magnanimous 8n act that its possibility cannot be entertained. Hon, Lyman Trumbull would be an admirable se- lection. CORRESPONDENT—What reasons do youg ve for your prelerence for Juage Black ? Mr. Horkins—I prefer Judge Black because, a3 Chief Justice of the State of Pennsylvania, he dis- played in an eminent degree all the quaiities which adorn such stations. He has a keenly analytic and comprehensive mind, brimful of varied in- formation, embracing all branches of learning and scholarly attainments. He is an original thinker ana a powertul logician. His style is won- dertully vigorous and at the same time it is pure. He 18 a prominent democrat, but no politician, and ha not mixed with himself up in the management of party machinery, as tt is expressed, The repub- Jicans should wish such @ man on the bench asa fitnt to draw the fire from the judges of their own arty whenever political questions are discussed. le is a periectly pure and incorruptible man. The judicial ermine on his shoulders would have no Btains to cover. CORRESPONDENT—What is your impression of the b> lad prominently named for the vacaut omice Mr. Hopxins—There is Conkling, who is entirely too handsome for Chief Justice; the black gown would hide too much manly beauty, and deprive him of the pleasure of displaying his proportions. He is too much of an Adonis to become a judge. Neither Pierrepont or Morrill would do, Williams is colossal enough to have thrown a reputation for Jegal ability across the Continent. He and the ‘Otuers named are well known, but mainly because of the position they have fliled and the services they have rendered the party. Caleb Cushing is a great lawyer and would fill the position wits satisfaction to the country; 80 would Reverdy Jounson. CORRESPONDENT—Would the current salary of the Chief Justice justify an eminent lawyer in giving up Legh techn to accept the position ? Mr. HoPKiNs—Of course not; any of those gentie- men named could make five times as much by practising his profession. But the honor ts worti something, and the tenure something more. Still the omllce 1s of at least equal dignity with the Presi- dency, and there is neither wisdom nor justice in making such a great disparity in the salaries. MR. HILL BURGWIN. The correspondent tound this gentleman in the Mercantile Library rooms, in deep study over the Pages of a fat voiume, very dusty and very old in @ppearance. Mr. Burgwin hesitated about express- ing an opinion relative to the person iost fitted for the vacant Chie! Justiceship, for the reason that he did not think it mattered much what opinion a Sack citizen would express; it would exercise ittie or no influence on the Executive in making he sopoluement. “However,” he said, “i hope MR. WILLIAM M. EVARTS will receive the appointment, 1 know of no one who combines in so great a degree the varied qualifications whic Groperly betong to the oifice ol Chief Justice of the United States. Mr. Evarts is a Tepresentative man. Both at home and abroad his reputatic thorough jurist amd an accom- plished schelar is well established. Not only is he at the head of the proiession in merely municipal law, but his eminence as a constitutional and in- ternational lawyer has been equally as well main- tained. He would be a worthy successor o1 the great men who have already adorned tis high office, and his appointment, to which certainly no just exception could be taken, would reflect credit upon the administration at heme ana upon ourselves as a natn. I trust no one will be appointed whose reputation §s chiefly politicai. Not that 1 would object to such ® one as a party man. or for fear that his political bias in any offensive sense would be brought with him to the Bench, but simply because on the time ‘g@nd thoughts whicn he has devoted to poittics has een 60 much lost to nis LEGAL TRAINING AND CULTUR! mot only a0, but has tended to destroy that habit of and logical thought so difficult to be recovered ‘when once seriously interrupted, COLONEL THOMAS M. BAYNR, jThis gentleman is the District Attorney and has yen Seenenns tease on Oz tener tour in Europe. je served through the war with credit and dis- tinction and was elected to the position he now holds by tre votes of republicans. Colonel Bayne exp! Mf ag having @ decided preference JUDGE STRONG, OF THE SUPREME BENCH, for the vacant ofice, and believed the correspond- ent would not find @ particie of diversity in this respect among the Pitisourg Bar. ‘He is,” added the Colonel, “a man who would Make @ most admirable whit Justice, for he is a mano! undoubted probity, to begin with; he is courteous aud amiable in all his relations with the to one occupyin such an em- tation. Besides this, my dear sir, Judge strong never loses his legal equi- librium; he 1s not the jeast excitable and, if @ lasting testimony of his fitness were required, the Pennsyivania reports abound in that tribute to it, I would thigk ail the members of the Pitts- burg Bar wouid unite in recommending the appoint-* ment of Judge Strong. There could be no excep- tion taken to him; he has everything to commend him and has given the country on more than one occasion evidence of his great legal capacity.” ME. WILLIAM D. MOORE. This gentleman is Chairman oi the County Demo- cratic Executive Committe and a lawyer who is an orbament to tue Pittsburg bar. He was found ap- proaching the door of bis ufice, in which sat quite wu nember of Chents awaiting his return irom court, In conversation avout the Chief Justiceship Mr. Moore unbesitatingly declared himself in iavor of the appointment o| Jeremiah £. Black, of Pensyl- Vania, to tie position, for the reason that he was a@ man of integrity, capacity, learning, cour- age and courtesy. “My idea of tue Obief Justice is, that he should combine in hinseif every clement @ a ‘sage, hero and martyr.’ His business is to kuow the law, and administer it in his high place, not at the clamor of @ mob or the bidding ofa party, but, at all hazards and sacrifices, according to truta and justice. Elections are a farce, legislation a fraud, and no saiety for life or property is to be jound any more im this land except in the knowledge, capacity, courage aud integrity of the judiciary. The Supreme Court has been once already ‘‘ packed” to secure a certain partisan decision, and the one object in the appomtient ought to be to secure a man who could neither be bribed nor trightened to the utterance of any decision other than that dictated by reason and conscience.” CORRESPONDENT—AMm I to unde nd that you would make no distinction as regards men who have actively engaged in party polities and those that have not? Mr. MoorE—No man of active intellect and am- bition can abstain from politics and do his duty. No man who is not thorougly familiar with the political history of the country ought to occupy @ position in whicn he may be afraid to pass upon constitutional questions affecting our whole people, the structure and character essentially of the society and government itself. I have answered you. Now, would the HkRALD do. me the kindness to answer me? Is there the slightest chance of the President of the United States or the republican party appointing any such man asI have mentioned to a Chie! Justiceship, MR. H, BUCHER SWOOPE. This great lawyer, who holds the position of United States District Attorney of Western Penn- syivania, and who besides has a national reputa- tion, received this correspondent with the conde- scension ofan interviewed victim, and made known his willingness to answer any question he was able in respect to the fittest person for the Onief Jus- ticeslup and the qualifications he should possess. “In my opinion Judge Strong is the person for the station. He isa man Of pre-eminent ability and has nota superior on the Bench, and 1s the equal of any man that bas held that position since CHIEF JUSTICE MARSHALL, And, furthermore, as far as political reasons are concerned, Pennsylvania has received a very moa- erate recompense jor the services she has ren- dered the administration, She has no representa- tive in the Cabinet, no first class foreign mission, and has @ compuratively small number of the pub- lic oflices under the general government.’? CORRESPONDENT—In your opinion should the ap- pointment be made from among the members of the Supreme Bench? Mr. Swoork—Tne appointment of sucha tunc- tionary ought to be made from the Supreme Beuch, but at the same time would not have the selection IN THE ORDER OF JUDICIAL AGE. The best man should be chosen, and Judge Strong is the best. It is true he was elected to the Supreme Bench of Pennsylvania by the democrats, but on the war breaking out he took strong grounds in javor of pushing It, and by his opinions and voice supporied the national government in crushing the rebellion, CORRESPONDENT—What qualifications would you deem a Berean to be endowed with to properly dis- chacge the duties attendant on the eminent posi- tion? Mr. SwoorE—I do not think that it is absolutely necessary that he should have extensive political knowledge. He should be acquainted with the workings of the various departments of the gov- ernment; but then the less he knows of the opin- ions of party politics the better. He should be an accomplished lawyer, which involves the require- ments of # most varied and comprehensive character, He should be able, when called upon, to adjudicate questions involving every branch of science; a mam of moderate temperament, cool, collected and deliberate—ner- vous and impulsive men make bad judges—and Litt all he should be aman of unblemished in- egrity. Contxeronpest—1s there any etm or ka the Executive appointing @ person outside of own party? CONKLING’S CHANCES BAD. Mr. Swoore—ihere is not. The President will appoint a republican, and that republican won’t be ae Conkling, | give you assurance o/ that. I know that when 1 was in Washington, ten days ago, a person for Chief Justice had not been decided upon. You may also state that I happen to know the respct that thé President would not appoiat the Chiet Justice from the Supreme Bench is untrue. CORRESPONDENT—Does the salary of the Chief Justice warrant an eminent lawyer accepting the office ? Mr. Swoorr—It does not; it is entirely too low. A first clas@lawyer in almost any of our promi- nent cities, in active practice, can make {rom twenty to thirty thousand dollars a year; but the position of Chief Justice is the highest which a lawyer Cal attain, and it’s to be expected that he should make a pecuniary sacrifice. CORRESPONDENT—Would you care to give your views ol the possible candidates ? Mr. Swoorg—I have heard Conkling’s name men- tioned tn this connection. He is a very brilliant man, but, I am inclined to think, too closely allied with party politics to make @ successful Chief Jus- tice, Morrill I don’t think fit for it at all. Evarts isa very brilliant lawyer, a very eloquent man, but | regard him more successiul at the Bar than on the Bench, His strong points are those of an advocate, Attorney General Williams would be an excellent person to fill this vacancy on the Bench. His attainments and acquirements are based on a sound strata of common sense. In this respect I never knew of a man his superior, CORRESPONDENT—What view do you take, Mr. Swoope, of the limitation of judisial tenure? Mr. Swoorr—I think it @ mistake. New York lost Chancellor Kent, a most brilliant lawyer, just when le was in his prime. Once a Judge is ap- po'nted to office he should retain it during life. Some of the most able opinions were delivered by England’s Judges when they were in their eightieth year. There are plenty of Judges that should be retired at sixty-five in consequence of the falling of mental faculties, but 1t 18 impossible to fix on a period o/ life when the faculties fail. MR. GEORGE SHIRAS, JR. Mr. Shiras is one’of the most dignified and talented members of the Bar, and has an uncommonly lu- crative practice. Like some others he hesitated about giving an opinion on this matter from the fact that he haa doubts as to the influence it would | have on the President in making a selection to fill this high tribunal. However, if he ventured an opinion it would be in favor of some one member of the Supreme Bench, as im this body there were the necessary merits and qualifications to properly discharge the duties of tne position. ‘ No man,” said Mr. Shiras, “knee deep in poligics should hold an_ office like this, whicn is of the highest honor and responsibility. A lawyer who has earnestly followed his profession would fill the station immeasurably better than one who has not. Samuel Miller, of Iowa, or N. H. Swayne, of Ohio, are both excellent men, are eminently fitted for it and are esteemed by the profession. Judge Strong is one of the later a reten nt and con- sequentiy it ts not likely the President would give him the preference over the earlier appointees.” “I consider the members of the Judiciary,as a general thing, underpaid, but nevertheless the salary of the Chief Justice is plenty. One who occupies a position -fraught with such honor and distinction should be content to waive pecuniary considerations, And it was wise legislation in cutting off and retiring Judges with a pension at the age of seventy.” JUDGE JOHN M. KIRKPATRICK, Judge Kirkpatrick, of the District Court, thought the publication of the opinions of the leading lewyers of the country in the matter of the selec- tion of the Chief Justice in a widely circulated and iufuential paper like the HERALD a very proper Pit “As far as I am concerned,” re- marked the Judge, “I express a preierence tor either MR, EVARTS OR JUDGE STRONG; © as between these two gentlemen my preference personally would be irr Judge Strong, and this upon two grounds:—t.rst, I know him per- sonally and have since his coming upon the Supreme Bench; and, * secondly, tuink Pennsylvania entitied to the appointment for many reasons which might be suggested, Let me, however, be not understood, In so speaking of Judge Strong, that 1 mean to say anytning to the disparagement of Mr. Evarts by ny preterence. There is not a kind thing which could be said of Judge Strong, or anything in his commendation, which might not be equally said of Mr. Evarts, Both or either of these accomplished lawyers and worthy gentlemen would certainly command the confidence and commend themselves to the right judgment of the entire country. Judge Strong would make au admirable Chier Justice, and certainly no less can by any possi- bility be said of Mr. Evarts, who, by commor con- sent, nas for a jong time sto with Charles O'Conor and others whem i might name among the leaders of his proiession. Equals he may have, but | know v! no superior, Both of these gentiémen are meu whose integrity could never be auestioned, and whose Up agers skill, learning prommnal an admitted by the ineyEs tees vos lon. ey both, in my ju a every qualification lent to the position, Judge Strong’s judicial and Mr. Evart’s professional ine have already shown this. CoRRESPONDENT—In your opinion are the senti- ments of the gentlemen of the legal projession poet ee of @ politician to the Chief justices! Judge KIRKPaTrick—They are. Neither of the emiveat gentiemen I have named, I apprehend, have the slightest knowledge of modern political m: chinery, and may be equally ignorant of its man- agement, all of whion is certalaly to their credit. No politician, as property understood, should by @ny possibility be appointed to the position. CORRFSPONDENT—Would it not be diticuit to fina an emiuent lawyer that has not shown his band in party politics? Judge KikKPATRICK—To have been at one time or other in his life an active participant in party politics should not, in my judgment, be a “bar limiter’ to judicial preferment even to the Chief Justiceship. from the first Chief Justice to the last I know of no one of them that was notin some period of his lite IDENTIFIED WITH PARTY POLITICS, which gave him preferment. Indeed, | do not see how it could be otherwise under our form of popular government, where every good citizen has decided and positive convictions upon all great questions which from time to time obtrude themselves, and entertaining such convictions it occurs to me they should’ be maintained and de- fended in all “honorable ways, even if it should) assume the necessity of participa- tion in what is commouly called party politics, To fll this office rightly it seems | natural that one should have political re- uirements, Indeed, witrout such knowledge I 10 uot see how any one could properly administer the very grave and respousivie duties of this nigh omce. To any Judge, and especially a suage. upon the Supreme Bench of atederal Court, [ should conalige the posseasion of such knowledge essen- tial THE SARATOGA REGATTA. The Coming Brilliant Display of Amateur Oars- manship—Frogramme of the Races and Preparations of the Crews—Ex- pected Large Attendance. Saratoaa, N, Y., Sept. 8, 1873, The prospects are now very good for one of the most interesting as well as one of the most satis- factory displays of amateur oarsmanship ever wit- nessed in this country, The rowing men of Sara- toga seem fully alive to the necessity of making a perfect success of tnis regatta, knowing this is their surest means of securing the American col- lege regattas of the future. The officers of the Saratoga Rowing Association are earnestly striving to remove all the obstacles in the way of conscientious oarsmen, who will not enter a race for the purpose of affording an opportunity for pool sellers and gambiers to operate. There ts not a gambling house open in the village, and tne Sheriff of this county has pledged his word to enforce the State law prohibiting the selling of pools along the shores of the lake. The representa- tives of the amateurs of the boating interests ot this county already here compare favorably with the college men lately present at Spring- flela, I visited Saratoga Lake this after- noon, and found the water in excellent condition, The crews have not all arrived yet, but enough are atready here to insure a race for each of the prizes offered. The greatest efforts are making by the association to receive and entertain all who may come. A wagon is at the depot on the arrivai of every train in readiness to convey the shell boats tothe lake. Quarters are provided for all the crews, and the expenses of transportation will be defrayed by the asso- ciation. The pair-oared crew of the Nassau Club arrived hore at balf-past three o’clock this after- noon and were taken to their quarters on the western side of the lake, and had their boat out for practice by five o'clock. . THE PROGRAMME for the two days’ carnival is as follows:— On ‘Thursday, the llth, there will be two races, one mile ‘and return, The first will be for pair oared shells, and the prize ol victory a cup valued at $500, There will be two competitors for this cup, The second race will be for single scull shells, and the winner will receive a large silver cup dor this race. There will,be eleven contestants, Friday, the 12th, will be the import- tant day. ‘he double scull shells will be started at three, and the single scull juniors at four o'clock, These races will be two miles, one mile to a stake. boat and return. At five o’clock, sharp, the four-oared shells will be brought into line. The Regatta Committee are positive that there will not be any del: This race will be contested by six crews, over a course one and a half miles and return. Total value of the prizes offered amounts to over $3,000. The manufacturers in New York have been noti- fied that the cups must be in Saratoga on Friday evening, when they will be presented at the Cijy Hall by Colonel French, The grand stand will be free, and the owners of property along the lake. shore are erecting seats at every point 01 view for the accommodation of spectators. SARATOGA LAKE is a beautiful sheet of water, having a clear, unob- structed, straightaway course of five miles in length by nearly two in width. There is absolutely no current, and the competitors will never have to spend a week or ten days in learning the shoals and eddies, It is situated about four miles from the principal hotels, accessible by a good road, and it was pronounced by the English and American contestants in the international regatta of 1871 the best rowing course in the world. There will not be any extortionate rates charged for con- veyance to the lake on the days of the regatta, all the liverymen having signed a bond to exact only the usual rates, Regarding the question as to who are and are not- amateur oarsmen, the Saratoga committee has departed from the rules of . National Associa- tion in that the contestants who enter for the races on Saratoga Lake must be persons who have never rowed in regattas which were open to pro- fessionals, or those who have rowed for money, or have been Willing to be matched to row for money since May 1, 1872, The 1ollowing is a complete and accurate LIST OF THE ENTRIES FOR THE SEVERAL RAORS. For the Pair-cared Shell Race on Thursday.— Nassau Boat Club, of New York, Oliver T. Johnston, stroke; Frank Brown, bow. Argonaut, of Toronto, Canada, R. Lambe, stroke; H. Lambe, bow. For the Single Scull Shell Race on ‘Thursda: James Wilson, Beaverwyck, of Albany; Truax, Potomac, of Georgetown, D. ©.; M. J. ton and Charles Peffenbrink, Mutual, of Albany; Robert Leffman, Atlantic, of New York; William Hughes, Friendship, of New York; Charles E.g Courtney, Union Springs, of New York; Frank E. Yates, Grand Haven, Mich.; T. R. Keator, Harlem Rowing Club, of Hariem; H. Lambe, R, Lambe, Ar- govaut, of Toronto, Canada, For the Double ‘Scull Race, on Friday.—Beaver- wyck Kowing Club, of Albany, James Wilson and William R. Hills. Mutaal Albany, Charies Pie- penbrink and William 8. Mosely. Argonaut, of ‘To- ronto, R. Lambe and H. Lambe, For the Junior Single Scull Race, on Friday.— Frank E, Yates, of Grand Haven, Mich.; A. A. Graves, Jr.; Joseph H. Girvin and A. G. Graves, Jr. of the Beaver wok) John ©, Sweeny, of the Friendship Club, of New York, For the Foug-Oared Shell Race, on Friday.—Po- tomac Club, Georgetown, D. C., -D. Coughlin, stroke; A, J, McBlair, 3; 8S. L. Cropley, 2; 1 & ‘roa, bow; 4%. T. Carpenter, substitute. uquesne, of Allegheny City, Penn., Frank Bran- non, stroke; Samuel Moody, 3; George scharf, 2; John Straub, bow. Pape Borge Club, oi Cincinnati, Ohio, Daniel Brown, stroke; John W. Kirk, 3; Henry Keylish, 2; K. B. Hauser, bow. Argonauta Rowing Association, of Bergen Point “dl C. Eldred, stroke; Walter Man, 8; E. R. Craft, 2; Edward Smith, bow. Beaverwyck Club, of Albany, James Wilson, stroke ; Daniel Doncaster, 3; Richard Gorman,.2; Torrance Gorman, bow. Ballston Row- ing Club, of Ballston Springs, N. Y., J. S. Smith, stroke; S, ©. Meadbery, 3; Albert J, Reed, 2; J. M, Ramsdell, bow. The Cincinnati four-oared crew is quartered at the Lake Side House, near the grand stand; the Beaverwyck fonr-oared crew have lodgings at ©. B. Moens’s, near the bridge. The Duquesne crew, of Allegheny City, are taking their practice from and residing at Aver, on the east side of the lake. ‘The Potomac four-oared crew are enjoying their beefsteaks at the Cedar Bluff Hotel, on the east dy side. The Nassau’s crew, under their trainer En- | ata of Harlem, are at Meyer’s Cedar Blua jouse, BAILROAD ACOIDENT. Ground and Lofty Tumbling by a Circus Menagerie. BALTIMORE, Sept. 8, 1873, Yesterday afternoon one of two trains conveying Haight’s menagerie and circus irom Westminster to this city, over the Western Maryland Railroad, encountered a land slide, causing one sleeping car and one passenger car, filled wita men and women, anda freight car containing @ small elephant, a camel and a buffalo, to jump the track, the latter car veing turned on one side. George Zeabold, A. H. Penny and E. W. Baldwin, attached to the menagerie, were slightly injured. After a deten- tion of four hours the train reached this city. Boston, Mass., Sept. 8, 1873, The corner stone of the new church edifice of the Ola South Society, at the corner of boyiston and Dartmouth streets, was laid to-day in the presence of quite a large gathering. Addresses were made by Mr. 8. H. Halley chairman ofthe Building Com- mittee, and the jowed itor, Rev. Dr. Manning, by prayer by Hev, Dr. Blagdens. THE WILLIAMSBORG HORR The Coroner’s Inquest Begun Last Evening. APPEARANCE OF THE. MEBRIGANS. An Fxtraordinary Case Full of Mystery and Terror. The Evidence of the Man Who Put Out the Fire and Discovered the Charred Body of Miss Hamill, : wa La A TELL-TALK ODOR. 3 Se PELE ‘What Have Become of the Money and Valuables of the Deceased 3 It was generally expected yesterday evening | that the holding of the inquest concerning the | death of Miss Maggie Hamili, who was found dead, burned, in the house No, 199 Ninth street, Williams- burg, last Thursday, would create no small amount of excitement; but, strange to say, when the hour fixed for the beginning of the inquest had arrived | there were not over a dozen people about the doors of the court room, corner South First and Third streets. It was nearly eight o’clock before Coroner Whiltehi!! arrived, and he was preceded by the jury but @ few minutes, APPEARANCE OF THE SUSPECTED PARTIES. Mrs. Merrigan and her husband put in an appear- | ance shortly aiterwards, Mrs. Merrigan is by no means of the buxom order that she has been pic- tured, Sh@ és of slight build, not over the middle height, with a brignt, open countenanee and a | healthy, rosy complexion, set off by a pair of dark, winsome eyes, She was attired ina plain lignt drab-colored alpaca dress, with delicate black stripes, and wore a black velvet jockey hat. She had with her a beautiful little child about eight or nine months old, who was neatly dressed in a com- | plete suit of blue. The woman and her husband, accompanied by two policemen, were given seats within the enclosure of the court room, and the two for afew minutes after coming in were left | alone to themselves, Mrs, Merrigan looked the | most unconcerned person in the Court. She seemed to be wholly engrossed in attending to her baby, and whenever any one of the few privileged characters in the room made bold to take a geat near her to stare ber out of countenance, she ap- peared to take no notice of him whatever. In- deed, the husband was evidently under more ap- prehension than the wife, for when the Coroner first took his seat he moved restlessly in his chair, and finally, unable apparently any longer to control himself, went up to the desk and began vehemently to expostulate with him because he bad not been beforehand notified to make due preparation and have what he termed his own witnesses present. He was plainly dressed like the average workman, with a coarse colored shirt and no collar, a black alpaca coat being care- lessly buttoned across his breast, ‘THE SPECTATORS AT EASE, The court room in which the inquest was held is a little dingy apartment with three windows, one on thesouth side and but one on the north side at the head of the stairs that lead from the street. There were only about fifty persons present dur- ing the proccedipgs, and, strange to say, but little interest, much Jess excitement, was manifested during the examination of the witnesses. This was Mainly due doubtiess to the fact that the Coroner showed himself to be an exgessively slow and hum- drum sort of examiner, who put more useless ques- tions than would haye made up a frat class pam- phiet of they» 4# series, and whose desire to Please everybouy by his affability only made things more @ompiex and himseif more ridiculous. WHAT A LANDLADY HEARD AND SAW. The first witness, Barbara Goldner (Mrs. Merri- gan’s landlady), created a great deal of bother. She was G¢érman in tongue and German from be- ginning to end in her determination to be under- stood only as she spoke, and the result was that an interpreter had to be obtained, who, despite his being a literary man of good repute, made his explanations peculiarly peculiar by their cloudiness, The good woman, however, evidently did her best to tell the truth about everything she knew about the case, but when she was confronted on cross-examination by the pint of lager beer she went after the night of the fre, she got at logger- herheads with the interpreter and talked back in @ way that did much to relieve the proceedings from their general monotony. THE BROTHER OF THE DECEASED testified simply as to the identification of the body, and was followed by David ©. Coe, the young man who put the fire out in Mrs, Merrigan’s room, aud whom sbe endeavored to prevent going into the room where he afterwards found the dead body of Miss Hamill, During the examination of this wit- ness there ensued between Mr. P. 0. Keady, the counsel for Mrs. Merrigan, and the Coroner a lively spat as to what the witness had testified to in the frst part of his evidence relating to the put- ing outo! the fire which he discovered on or near the bed and in the ctoset. A SUSPICIOUS PIECE OF EVIDENCE. The Coroner had an idea that the counsel was not direct enough in his questions, and the coun- et, he had some rights which even Coroners were bound to respect, gave the presid- ing oficial to understand that it was a long lane of examination that had-no turning. The spat did both of them good, and while it added notuing to the value of the irregular and rather discussive course of the proceedings it amused the audience, | which had good reason at times to be amused, The evidence ol! the boy Egan, who helped Mrs. Mer- rigan on Thursday to remove her chairs | and other articles ‘to the floor below the one where the body was found, was valuable in only one particular, but this particular had an all important bearing upon the question as to whether the wo- man Hamil had been murdered days before the fire occurred. The boy, in fact, testitied—after a reat deal of questioning—that he had noticed the | jay he removed fhe furniture a very repulsive | i iodor fi th edrooid When he entered, | and that Mrs. M:rriga on perceivin, hat he had noticed it, remarked that it was caused by some meat that the cat had brought in the house “two weeks” before! Tui added to the removal of the furniture, which w so soon followed by the fire, certainly looks bi for Mrs. Merrigan, and the evidence of Coe, who says that he saw Mr. Merrigan in the yard five minutes after the fire was discovered, will only go to make his position all the more dificult to get out of, The evidence so far discloses but little that is convincing, but there is enough of it to show that Mrs. Merrigan knew SOMETHING ABOUT THE MURDER, even if she was not the principal. To judge from her appearance last evening, no person could pos- sibly believe her to be a murderess, especially the murderess of @ once-beloved bosom iriend and schoolmate. Yet it 1s very difficult to see how the uniortunate woman can prove her innocence. It is true that as yet no evidence has brought to show a motive forthe murder, Aithough mention has been made Of money and other valuables | the deceased may have had in her possession when | she went to the Merrigans, still neither the police, | nor has anybody eise, heen abie to trace to Mrs, | Merrigan or her husband a dollar or a trinket that belonged to Miss Hamill. Next Wednesday the | additional evidence of witnesses yet to be called | may throw light upon the case, su that there can be no longer any doubt about who the real perpe- trator of the crime ts; butit js to be hoped that | between now and then the “materials” of evi- | dence ¥il! not be allowed to pass from hand to hand as freely as they did at the start when | the vody of the dead woman was first discovered, It ts bad enough to have a case of murder to in- vestigate at all, but it Ol just the thing when a murdered body bas been discovered for polive and others to let slip ont of their hands the very | “points” which might in the end be necessary to | the fixin of the crime on the guilty arties. ‘The taking away of the rope said to have been found about the neck of Miss Hamiil’s body before the Coroner arrived was a misdemeanor 1 in the eyes of the law, and might have, in the ab- sence of other conclusive evidence of crime, clogged the wheels of justice most disastrously. This mysterious case 18 not yet free from all intri- | cacies, aud the Coroner should, therefore, move with greater caution than ever from now till the end of the investigation in keeping within band’s | the bed there was @ straw bed, with a slit in. it, witn straw sticking out of it; the other boy spoke of a bad smell; NEW YORK HERALD, TUESDAY, SEPTEMBER 9, 1873—QUADRUPLE SHEET. second floor. and Mr. and Mrs, Cutler ilyed also on the second floor, opposite the Merrizans; another pay. aiso lived on the first floor, who moved in last Monday; I don’t knew the naine; the man is the Noes ay empty; me ednesda: Hi a could have first floor "rooms: she paid me @ dollar’ and took the key; she said ia the morning she would see if her hus- Land jiked the lower rooms; if so, she would take them; | did not see him go there to see the rooms; 1 was not in Mrs. Merrigan’s rooms during the week till aiter the fire, on Thursuay night about a quarter alter nine; Thad been out, and as | cw home my husband came out ana ‘told me sm oke was coming outof Mrs. Merrigan’s shutters; I ran into the yard; Mrs. Merrigan came into the ard at the same time irom the house of ie in-law across the street; Lasked her il she had tne key; she handed me the key and said, “Don't | take ina light, 1 think there is kerosene ‘there 3” T told her Lthougnt her husbavd wav there, tor I heard music there; I had often heard him playing the fate, but not Tuesday or Wednesday nigut: had heard the music abont a quarter of an hour beiore ; she answered there Was nobody up siuirs, | her husband was ata meeting; she went away and some time after she and her husband came | back; | chink it was @ quarter Of an hour aiter; by that time the Recpie were in the room; L asked her for the key of the first floor room, and she said she hadn’t it; ) her husband also said he did not have the key; she | disappexred when her tusband looked for her to get the key; he came back soon aud sald he could | not find his wile, she mignt be at her mother’s; Mr. | Merrigan stayed in the yard till the flreman found | the body of the lady up stairs and took him up to { the room; I went up aiso; the fireman asked him | how tue dead lady came there; he answered that, he did not know; I did not see sirs. Merrizan after that; she is now here in court: I had been out for @ piut of lager beer and had been away about five minutes when I came back and.found the fire. | Question by prisoner's counsel—Had you been in | Mra, Merrigaa’s house that week ? Witness—No, I saw no strangers going into Mrs. | Merrigan’s that week; several people were going and coming, but I did not notice who. James G. Hamill sworn—I reside at Riverside, | Conn.; I had a sister named Margaret Ann | Hamill; Isaw a body at the undertaker's omice last Friday and recognized it as Margaret, my sister; lam positive as to the identity; | last saw her alone at 236 West Forty-eighth street, where she boarded, about two weeks before; I did not know Mr. or Mrs. Merrigan, and had never hqurd= my sister speak of them; my sister carried a smaH leather satchel like that now shown; I cannot identify this; this key now shown resemoies one she had, which | fitted a box in the Stuyvesant Safe Deposit Com- pany’s vaults at Third avenue and Seventh street; my sister habitually carried valuables and money out her; money, jewelry, gold watch and chain, Tings, earrings, brooch, &c¢.; sometimes had as | much as $700 or $800 at at a time; was apt to have | more about the first of the month than at other times; from my knowledge of her affairs she would have been likely to have $100 or $300; she received | $66 66 on the 1st or 2d of the month; she kept no bank account; received the last sum irom William | Callahan, one of her tenants, who keeps at No, 3386 Kast Tenth street, New York; she had not received | any other sums that | know of; she had consider- | abie property of her own; [ have no doubt o! the identity o! the dead body as that of my sister. By prisoner’s counsel—! believe from the shape and size of the key shown that it is the key of her box at the saie company’s; I have sold no stock or bonds of hers recently, nor | do I know that either of her brothers did; I did not know of her being lately cheated out of a large share of her property; my sister was not eccentric in ber habits; she was steady, | about thirty-two years old; she had no business dimoulty that I know of; she had no love disap- pointment; she transacted her own business; | was not her agent; I do not know that she ever at- tempted to commit suicide or threatened to do so; never knew any one to take arsenic irom her; 1 did not collect her rents; saw her some times once | or twice a month; I visited her at her boarding house; her other brother did not visit her; she visited at my house. David C. Coe sworn—I boarded at 199 Ninth street till Friday last, with Mrs. Kip, on the first | floor; last Thursday night I came to the house and | sat down to write about ten minutes past nine; | the landlady rushed in shouting that there was fire upstairs; I looked out and saw smoke com|n; from the windows of the second floor; ran in an got 2 pail; as 1 got to the hydrant I saw Mrs. Merri- gan in the yard hollowing and screaming; | asked her, “Where ts your baby?” she held it up inher | arms; I started up with water; says she “Don’t sister- go in there, there’s kerosene in there.” I said | “| will go in;’ I went in with the | lapdlady, who opened the door with the key; I saw no flame till 1 got to the middle of the room, when I saw @ little biaze in the bedroom; | I threw water on it and put it out; the blaze was | on the bed, near the head, about afoot from the floor; I felt my way out of the room and fainted; | when I recovered } got more water and went tp | again; found a blaze again and put It out; | asked for a ladder; went up to the window and tound it | tied with a rope about an inch thick; I cut the rope 5 WASHINGTON. England’s Solemn Settlement of America’s Victory. THE GENEVA AWARD PAID T0-DAY ; The Ceremonies and Civilities Between tho “High Coutracting Partics ” WASHINGTON, Sept. 8, 1878, The Payment of the Geneva Award Te Be Made a Solemn Occasion. It was announced to-day that the British Minis: ter, on behalt of Her Majesty’s government, will to-morrow tulfll the seventh article of the Treaty of Washington by the payment of the Geneva award, It was at tirst proposed to conduct the proceedings without formality, put it is now the intention to give to the transaction all the solem- nity of a State affair, The gold certificate will be signed by F. Spinner, United States Treasurer; John Allison, Register of the ‘treasury, and ap- proved by W. A. Richardson, Secretary of the Treasury. It is an ordinary looking piece of paper, written by a Treasury clerk, whose skill and taste In designing and letteriag were brought into requisition. This bit of paper ts the promise of the United States to pay Drexel, Morgan & Co.; Morton, Bliss & Co,, and Jay Cooke & Co,, or their order, $15,500,009 in gold, which, being coun- tersigned by Thomas Hillhouse, Assistant Treas- urer, New York, entitles the holder to draw out of the vault that amount in coin, On the back of the certificate will be, “Pay to the order of Sir Edward Thornton,” and signed by the baukers named on the face. Below this, “Pay to the order of Hamii- ton Fish, Secretary of State,” and signed by Sir Edward Thoraton. The business formality will be observed in the Treasury building and the finale at the State Department, After that» there will be a scrambling for the pens with which’ the signatnres are written, and the valuable ptece of paper, wien finally | ready to be hidden in the archives of the depart- ment, will be entrusted to the government ploto, grapher, and perpetual like the picture of Wash, ington, as a remainder of victory over Great Britain, In the evening there is to be merry make ing at the residence of Governor Cooke in George town, while the Hospitality 0’ Secretary isp with not be wanting. The Credit Moviller “Swit. At the session of the United States Circuit Court for Conneticut. to be held at Hariiord next week, the Crédit Mobilier case wili come up, Justice Hunt presiding, ‘The Union Pacific Railroad will be represented by B, R. Curtis and Sidney Bartlett. ‘The leading parties meutioned in the bill m equity are represented by Caleb Cushing, but, as the case will be argued on demurrer, he will not be present. Indian Affairs. James Picket, convicted of murder for killing am Indian in tdaho Vervitory, having been reiused @ pardon by the President, has sued out a writ of error to the Supreme Court of the Territory, which Operates as a stay of proceedings until that Court meets in January next. The Commissioner of Indian Affairs has in- structed the Indian Agent at the Red Cloud Agenoy to demand of his Sioux the return of property cap- tured from the massacred Pawnees, and to inform them that by this attack they have violated tneir treaty obligations and will be no more allowed to hunt the buffalo outside of thelr reservation. The Fort Sill Massacre Heax. The following despatch was this morning ré- | ceived at the War Department :— Fort SILt, Indtan Territory, Sept. 3, Via Cappo, Indian Territory, Sept. 6, 1873, and got in; got water again ‘and went in | again; saw no fire this third time, but spied | the corpse in the bedroom: the two headboards Were starting and the sides; most ol the sueets were down at one side; the head of the body was | at the foot of the bed towards the door; I started | to go down and discovered a light In a closet out of | the large room, towards the front: 1t was all ablaze | then; I put it out, and as i went down the statrs I | met Mr. Merrigan on the stairs, asking whether, { his tool chest was burned and his furniture; I told him the fire was out, but there was @ dead person there; he said there was no person in his rooms; that | was mistaken; [ asked him where his wife was; he said she was here a | few minutes ago; by this time the firemen came; noticed a streng smell of kerosene as soon asl | went in the door; next daylsaw Merrigan’s fur- } niture in the rooms down stairs; the two fires looked to be distinct; there was straw in the bed- room; I pulled off the bed and threw it out of the | window before I discovered the body; the body was slanting, the head down and the feet up on the slats. Question by prisoner’s Counsel—I was not ex- cited; Mrs. Merrigan did not tell me there was a | can of kefosene there; there was a broken lamp | on the table in the large room; the closet door was closed when I found the second fire. By a Juror—I don’t know that Merrigan went up to see the body; Icould not say whether he seemed anxious to see it; he appeared a little surprised; | was the first person in the room, John Egan sworn—I live at No. 232 First street; last week, Thursday evening, I helped the prisoner, | Mrs. Merrigan, to move some furniture irom the | second to the first Noor ia the rear house No, 194 Ninth street; I, with two other boys, was at Nos, Sand 7, the blacksmith shpp; she came up to us, king if we wanted a job; we said yes; she said she would give us seventy-five cents in advanc we went with her to the bottom of the stairs in the rear house; then she talked with some one up stairs and after told us to come after in a half an pour; | could not say what she was saying | or what the other suid; I came back avout hall an hour after and she was notin; one of the boys | came with me, Charles Smith; as we came down | the stairs the female prisoner came in the door; we went up stairs with her and varried down two | tool chests, two sewing machimes and two | trunks from the sitting room to the lower floor; then we went in the bedroom and took six chairs; think we went before her; the chairs were ailin @ line near the door; she sent the other boy out for lager, ana asked ine to carry down the clock from the mantel- | piece’ im the sitting room; she said her husband was at a meeting at the Hall; we went up stairs and drank the beer in the sitting room; when we were taking the chairs out of the bedroom she was closing the shutters, and as we went to go out she asked us not to be in a hurry, for she was very cowardly about staying alone; the | priest at the mission told her not to be so cow- ardly; when we went in the bedroom the otherboy | brought in the lamp irom the other room; saw & | beastead with a white sheet covered all over it; | when We went away after we got throug it was nine o'clock; we made the clock strike; we took | down from the bedroom @ roll of carpet ali rolled | up in the corner; the light was a candle stuck in @ lamp; I noticed a strong smell in the bedroom; | Mrs. Morgan said it was a piece of meat the cat | had fetched in two weeks before, and she had | | smelied it ever since; did not notice the smell in | the large room. } Charles Blake sworn—{ was with John Egan last | | Thursday evening; Llivein North Second street, | near Seventh street; this lady came to us and | asked if we wanted a job; she said her husband | was away aad had told her to get somebody to help | her carry two tool chests and two machines down | one fliglit of stairs; we went with her to No, 199 Ninth street; she talked with some one up the | stairs and told us to come again; we came again in about fitteen or twenty minutes after; she was not there; we came down the stairs and another woman asked if we were gvoing to move this woman's things; just then Mrs. Merrigan came; we went with her and took two tranks and two machines down stairs; she sent me for beer; we drank it; she took the money—a fifty cent stamp—irom a pocket in the front of her dress; saw her have no other money; there was a bed in the small room, with asheet on it; she took the sheet of and chucked tt at the foot of the bed; on the woman said she had been away some time, and when she came back there was that bad smell, and she was obliged to move out; aiter we went I heard the bell; I think it was striking nine; aiter I saw the engines going to a fire: did not hear any alarm, At the conclusion of Blake's testimony the in- quest So ull Wednesday evening at seven o'clock. ATTEMPTED MURDER IN BROOKLYN—SHOOT. | ING THE WRONG MAN. Last evening Michael Barret was arrested by Officer Early, of the Eleventh precinct, jor the at- tempted murder of John Reordon, of 49 Hamiiton avenue. It appears that Mrs. Barret iniormed her husband that @ man named Michael Wallace, altas | Hefflerman, had on Thursday last committed | an outrage on his niece, Mary Barret, at their former residence, corner of Fulton and Lewis avenues. Barret was so enraged that he pro- | reach at all times every atom of tangible evidence in bis possession. MONY. THE TESTI The first witness called was Barbara Goldner, who, being sworn, in answer to questions by the ee aut Dae bus st yo in the ‘ont; of the rear house, of the sam number; Mr. and ‘ 4 TiAR Uved ‘there on the cured @ pistol and went in search of the scoundrel. He came upon Reardon at tie corner of William id Conover streets, and, mistaking him for Wal- ace, discharged his pistol at him. Fortunately the ball missed him, and Barret was secured before “4 could fire another shot. Wallace was also arreste ADJUTANT GENERAL UNITED STATES ARMY :— The reported capture of this post, published in. all the papers received here to-day, is without foundation, “Satanta” and “Big Tree’? will arrive to-merrow. There has been no trouble and none is expected. GAINES LAWTON, Captain Twenty-fifth infantry and Brevet Lieu- ,tenant Colonel, commanding. * Return of the Prodigal Sons. The following was received here to-day _- CHicaco, IL, Sept. 6, 1873. Colonel WILLIAM DV. WairPLE:— ‘The following is from General Augur to-day :— Special Indian Commissioner Atkinson reports that all the Pottawatamies and about 260 Kickapoos have started. trom Mexico on their way to the Indian Territory. M. V. SHERIDAN, Lieutenant Colonel, commanding. The Senate Transportation Committee. Senators Windom and Conover, of the Senate Committee on Transportation, leave to-morrow for New York to attend the meeting of the committee in that city on Wednesday. Instructions to Internal Revenue Col- lectors. ‘The following special order was issued from the the Internal Revenue Bureau to-day :— Coliectors are instructed to see that each Deput; Collector in charge of a division 1s furnished witl @ book containing a record made up from the office alphabetical list ot the names of all persons in hig, division who have paid specia! tax for this fiscal year, including those who paid such taxes to the Collector or to any of his deputies, and each Deput: should be required to keep the record in his so complete that it can be depended upon as a guide in determining what persons in_ his division bave pald such taxes. Requisitions for books of the alphabetical list of special taxpayers should only include a sufiicient number to supply the home office and such deputies as are im charge of divisions. The Commissioner of Internal Revenue decides that regular liquor or tobacco dealers, holding a speciai tax stamp, as | such may close their ordinary places of business for the time being, and, on registry of the facts with the Coliector of the district, may do business under said stamp at one stand in the fair grounds sitnated in said district without payment of an ad- ditional tax; but before opening again their regu- lar piace of business should make @ new registry with the Collector of the district. The Survey for 2 Submarine Cabie Be- tween the United States and Japan, Commander George E. Belknap, commanding the United States steamer Tuscarora, reports to the Navy Department, under date of August 30, that he expected to proceed to sea (rom San Fran- cisco on September 2, on the special servic@of sur- veying @ route for a submarine cabie from the west coust of the United States to China and Japan. ‘The survey will commence from some point in the vicinity of Puget Sound, From that place the Tus- carora will proceed to the Aleutian Islands, and i+ 18 expected she will reach the island of Atcha, It is not probable that much progress will be made in the survey this season, as the weather will soon be untavorable for it. In that case the vessel will beemployed until spring in getting the continental outiine between San Francisco anu the end of the California Peninsula, sounding off and on shore until she ascertains the true ocean bed. An experience will thus be ob- tained which will enable her to execute her orders with more certainty. An official report from Com- mander Belknap states that he has a new sound- ing apparatus, made on the plan of Sir William ‘Thompson's, and he has no doubt of the success of the survey. At Puget’’ Sound he will first ascer- tain the most favorable spot to land the cable, his efforts being to secure one where the water is deepest and where vessels do not anchor. Late advices received at the War Department re- port the United States steamer Cananuaigua still at Kingston, Jamaica, the health of the crew not having improved by the change as satisiactorily as was expected, She will be reilieved and ordered to some Northern port, instead of being sent back to Aspinwall, Collector Harper's Alieged ment. Commissioner Douglas to-day telegraphed to Deputy Commissioner Sweet, at Springfeld, Ml., that “if he finds that Colloctor Harper, of por lace, has been guilty of wilful embezzlement, anc has run away, toler $1,000 reward for his appre- hension,” Internal Revenue Appointments. ‘The following internal revenue appointments were made to-day :— oi rs—Thomas charles Thorne, Nineteenth Ohio; James Thirteenth New York. sett orekeepers—Rober A. Hancock, Fifth Ken- Embezzles B. Benton, Sixth Missourt; |. Rus- | tucky; Morris Fitzgerald, First New York. Probable Fatal Stabbing Affray. Yesterday evening two men, named John | Shortelle and F. P. Blair, became involved in an angry discussion, heightened by excess of liquor, concerning the business in which they are engaged, that of plumbing. The result of the discussion was a terrible scume and the wounding otf Shortelle Blair with a knife, fro f which he and locked up to answer a charge of committing ‘the outrage on the child, the effects not expected to recover. Blair bas been arrested,